§ 83.2 What is the purpose of the regulations in this part?
The regulations in this part implement Federal statutes for the benefit of Indian tribes by establishing procedures and criteria for the Department to use to determine whether a petitioner is an Indian tribe eligible for the special programs and services provided by the United States to Indians because of their status as Indians. A positive determination will result in Federal recognition status and the petitioner's addition to the Department's list of federally recognized Indian tribes. Federal recognition:
(a) Is a prerequisite to the protection, services, and benefits of the Federal Government available to those that qualify as Indian tribes and possess a government-to-government relationship with the United States;
(b) Means the tribe is entitled to the immunities and privileges available to other federally recognized Indian tribes;
(c) Means the tribe has the responsibilities, powers, limitations, and obligations of other federally recognized Indian tribes; and
(d) Subjects the Indian tribe to the same authority of Congress and the United States as other federally recognized Indian tribes.
Without being too overly dramatic, the text is clear that the purpose of this statute “A Positive determination will result in Federal recognition” which is in complete violation of the Civil Rights of The Citizens of The Chickamauga Nation as well as in violation of the Constitution’s ban on Ex Post Facto Laws because they already possess Federal Recognition by the United States. Second, to even pretend The Chickamauga Nation must go through the Part 83 process would be in contravention of the law itself in that The Chickamauga Nation holds Executive and Legislative recognition since the United States declared war on the Chickamauga in 1776, the more than 16 Treaties with the United States, Congress debates war or peace with the Chickamauga in 1792, George Washington’s 4th Annual Address to Congress in 1792, and Thomas Jefferson’s Land Trade Treaty in 1809 to name a few.
§ 83.12 What are the criteria for a previously federally acknowledged petitioner?
(1) Treaty relations with the United States;
(2) Been denominated a tribe by act of Congress or Executive Order;
(3) Been treated by the Federal Government as having collective rights in tribal lands or funds; or
(4) Land held for it or its collective ancestors by the United States.
(b) Once the petitioner establishes that it was previously acknowledged, it must demonstrate that it meets:
(1) At present, the Community Criterion; and
(2) Since the time of previous Federal acknowledgment or 1900, whichever is later, the Indian Entity Identification Criterion and Political Authority Criterion.
Not only does The Chickamauga Nation hold Congressional and Executive Branch Recognition since before 1785, thus making it illegal for The Chickamauga Nation to go through the Part 83 process, The Chickamauga Nation meets and exceed every one of the Criteria of Part 83 for Federal Recognition.
In fulfillment of Part (1): The Chickamauga are co-signatories or singular signatories on over 16 Treaties with the United States. Listed Below.
In fulfillment of part (2): The United States declared War on the Chickamauga in 1776, Congress debated war and peace with the Chickamauga in 1792, George Washington included the Chickamauga in his 4th Annual Address, Thomas Jefferson Traded Land with the Chickamauga in 1809, and Congress signed treaties with us more than 16 times.
In Fulfillment of part (3): The United States held land for us in trust on the East side and West side of the Mississippi river as the result from the treaties signed with the Chickamauga. The United states paid annuities to the Chickamauga from 1785 until the mid-1830s as a result from the treaties signed with the Chickamauga. The United States Traded lands with the Chickamauga for lands East of the Mississippi River for Lands West of the Mississippi River.
In fulfillment of part (4): The United States held land for us in trust on the East side and West side of the Mississippi river as the result from the treaties signed with the Chickamauga. The United States paid annuities to the Chickamauga from 1785 until the mid-1830s as a result from the treaties signed with the Chickamauga. The United States Traded lands with the Chickamauga for lands East of the Mississippi River for Lands West of the Mississippi River.
Additional Fulfillment of part (4b, 1 & 2): The Chickamauga Nation has retained a government which has existed since before the signing of the Declaration of Independence in 1776. The Chickamauga have never been terminated by the Congress of the United States.
To continue to deny The Chickamauga Nation from the LIST is in and of itself a termination of The Chickamauga Nation. If it is therefore the intent of Congress to terminate The Chickamauga Nation, then the 5th Amendment Taking Clause must be applied.
We have been excluded from equal protection of the law and due process do to administrative difficulties in reviewing of our history do to flawed National Archives either in possession of the department of Interior or in possession of the Bureau of Indian Affairs which is arbitrary and capricious and possibly from malfeasance. The documentation which is on the BIA website clearly states there is no history of Indians in Tennessee, Georgia, or Arkansas. Apparently the history from 600 AD until present in Arkansas, Tennessee, and Georgia concerning Native Americans has been erased in the National Archives.
Our Treaties and Signatories
Treaty of Hopewell, 7 Stat. 18 (Nov. 28, 1785)
Chickamauga signatories:
Gritzs of Chickamaga, Sower Mush of Kooloque, Water Hunter –“Duwali” or “Bowls” Choikamawga, Wyuka of Lookout Mountain, Tulco or Tom of Chatuga. Witness – Author Coody
Treaty of Holston, 7 Stat. 39 (July 2, 1791)
Chickamauga Signatories:
Enoleh, or Black Fox, Chickasawtete or Chickasaw Killer, Tuskegatehe or Tuskega Killer, Kanetetoka or Standing Turkey, Kunoskeskie, or John Watts, Nenetooyah, or Bloody Fellow, Chuquilatague, or Double Head, Too wayelloh, “Duwali” or Bold Hunter, Talohteske or Upsetter
Treaty of Tellico Blockhouse, (Nov. 8, 1794)
Chickamauga Signatories:
Chruquiiatague, or Double Head
Treaty of Tellico, 7 Stat. 62 (Oct. 2, 1798)
Chickamauga Signatories:
Nenetuah, or Bloody Fellow, Kanowsurhee, or Broom, Kettegiskie (Kittagiska), Tallotuskee (Talotiskee), Charly
Treaty of Tellico, 7 Stat. 288 (Oct. 24, 1804)
Chickamauga Signatories:
Tolluntuskie, Broom, Sour Mush, James Vann
Treaty of Tellico, 7 Stat. 93 (Oct. 25 1805)
Chickamauga Signatories:
Glass, or Tauquatehee, Double head, or Dhuqualutauge, Dick Justice, Talotiskee, Broom, or Cunnaweesoskee, John Greenwood, or Sour Mush, Katigiskee, John Jolly, or Eulatakee, Dreadfulwater, or Aumaudoskee, John Watts, Jr., Tuskegittihee or Long Fellow
Treaty of Tellico, 7 Stat. 95 (Oct. 27, 1805)
Chickamauga Signatories:
Black Fox, or Ennone, The Glass, or Tunnquetihee, Kutigeskee, Turtle at Home, or Sullicookiewalar, Dick Justice, Chuleaor Gentleman Tom, Broom, or Cannarwesoske, Double Head, or Chuquacuttague, Chickawawtihee or Chickasawtihee Killer
Treaty of Washington, 7 Stat. 101 (Jan. 7, 1806)
Chickamauga Signatories:
Double Head, James Vanu (Vann), Tallotiskee, Chulioa, Sour Mush, Turtle at home, Broom, John Jolly, John Lowery
Treaty of Washington, 7 Stat. 138 (Mar. 22, 1816)
Chickamauga Signatories:
Colonel John Lowry, Major Ridge
Treaty with the Cherokee, 7 Stat. 139 (Mar. 22, 1816)
Chickamauga Signatories:
Colonel John Lowry, Major Ridge
Treaty of Chickasaw Council House, 7 Stat. 148 (Sept. 14, 1816)
Chickamauga Signatories:
Spring Frog, The Glass, Sour Mush, Chulioa, Dick Justice, Chickasawlua
Treaty of the Cherokee Agency, 7 Stat. 156 (July 8, 1817)
Chickamauga Signatories:
Sour Mush, Chulioa, Chickasautchee, Big Half Breed, Going Snake, Leyestisky, Dreadful Water, Chyula, White Man Killer, Toochalar, The Glass, Wassosee, John Jolly, The Gourd, Spring Frog, John D. Chisholm, James Rogers, Wawhatchy, Attalona, Kulsuttchee, Tuskekeetchee, Chillawgatchee, John Smith, and Toosawallata
Treaty of Washington, 7 Stat. 195 (Feb. 27, 1819)
Chickamauga Signatories:
Path Killer, Dick Justice, Path Killer, Jr., Going Snake
Treaty of Washington, 7 Stat. 311 (May 6, 1828)
Chickamauga Signatories:
Chief Black Fox – Died in 1811, Thomas Graves, George Guess – Sequoyah Not a Western Cherokee Chief, Thomas Maw – Paid by the United States to promote the Treaty to the Eastern Cherokee, George Marvis – Claims to have been made Chief in 1830, John Looney – Voted as the last Western Cherokee Chief in 1838 after John Jolly who did not sign, John Rogers Jr. became Chief in 1839 and was deposed by John Ross in 1839. According to War Department Records, these men did not go to Washington to sign a treaty. They were kept in Washing DC for months (kidnapped and being under duress they could not legally sign a document) and refused to be allowed to return home by the military. They refused to sign the treaty and the military plied them with alcohol for weeks before having them all so drunk (legally incapacitated and unable to legally sign a document), that they signed the treaty knowing they would be killed upon return because of the 1824 law against selling or trading lands of the Chickamauga.
Treaty of Ft. Gibson, 7 Stat. 413 (Feb. 14, 1833)
Chickamauga Signatories:
John Jolly, Black Coat, Walter Webber, Glass
Treaty of Camp Holmes, 7 Stat. 474 (Aug. 24, 1835)
Chickamauga Signatories:
Dutch
Treaty of New Echota, 7 Stat. 478 (Dec. 29, 1835)
Chickamauga Signatories:
Major Ridge, Elias Boudinot, Stand Watie, John Ridge