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April 10, 2008 at 14:54:55
What is the CNO?
By David Cornsilk, Posted by John Cornsilk (about the submitter) Page 2 of 3 page(s)
The Osages are the most recent tribe to see through the 100+ year-old Dawes Commission scheme. They had but one living original enrollee left and their Principal Chief declared an emergency. He immediately went into action to restore an authentic constitutional government and open the Osage Nation citizenship rolls. The Cherokees and Seminoles are the last of the FCT to refuse to recognize the threat to their national existence. Within ten years, perhaps less, the Cherokee Nation will cease to exist.
So what this all tells is that it is obvious that the office of Principal Chief did not come out of thin air, and its historic provenance goes back only to the early 1800s. It had to come from somewhere and if it came from somewhere, then that somewhere must still be valid, or the office of Principal Chief is not valid. That somewhere is the 1839 Constitution, the most recent authentic constitution adopted by the Cherokee people. Thus, the Cherokee Nation, as constituted by the 1839 Constitution, diminished by the 1898 Curtis Act, shot forward in time by the 1906 FCT Act, continues to exist today only in the office of the Principal Chief.
The organization created by the Principal Chief in 1976, under the authority of the 1970 FCT Act, is not the Cherokee Nation, but is instead only an appendage of the office of the Principal Chief. Registry on a list of persons eligible to vote in the popular selection of the Principal Chief of the Cherokee Nation does not constitute citizenship in the Cherokee Nation. Nowhere did Congress require that the Principal Chief be popularly selected by Cherokee Nation citizens than it was Congress' intent that the President of the United States be a Cherokee in order to make the appointment. In other words, claiming that those person on the CNO Registry must be citizens of the Cherokee Nation in order to vote would only hold water if the President of the United States had been required to be a Cherokee Nation citizen. He did not have to be, and those placed on the Cherokee Registry don't have to be and aren't. Therefore, inclusion on the CNO Registry list does not constitute dual enrollment for membership purposes in any other federally recognized tribe.
So what does this all mean? Here it is by the numbers.
1. The United States Congress passed the Dawes Act in the 1890s to dissolve the governments of the Five Civilized Tribes. Some tribes resisted, particularly the Cherokee Nation. The Dawes Act stated specifically that its purpose was to divide up the tribal assets and terminate the existence of the governments of the Five Civilized Tribes.
2. The United States Congress passed the Curtis Act in 1898 to force the resistant tribes to agree to the allotment of their lands and dissolution of their governments. The Cherokee Nation agreed in 1901 and the end result was the allotment of tribal lands and assets through the creation of the Dawes Roll.
In the latter part of the 19th Century, it was the intention of Congress to destroy the governments of the Five Civilized Tribes. All lands and moneys of the Nations were to be divided among the numerous citizens and the tribes would be no more. Everyone thought the Final Roll and the division of the assets was the end. It wasn't.
3. In 1906, Congress was informed by the Dawes Commission that despite their best efforts, parcels of land remained to be allotted or sold and they could not finish their work if the governments of the Five Civilized Tribes terminated in 1906.
4. The United States Congress passed the Five Civilized Tribes Act of 1906 which provided for the continuation of the governments of the Five Tribes in accordance with law and providing that the President of the United States or his designee could appoint a "chief" to carry out the unfinished business of their respective nations.
2. The United States Congress passed the Curtis Act in 1898 to force the resistant tribes to agree to the allotment of their lands and dissolution of their governments. The Cherokee Nation agreed in 1901 and the end result was the allotment of tribal lands and assets through the creation of the Dawes Roll.
In the latter part of the 19th Century, it was the intention of Congress to destroy the governments of the Five Civilized Tribes. All lands and moneys of the Nations were to be divided among the numerous citizens and the tribes would be no more. Everyone thought the Final Roll and the division of the assets was the end. It wasn't.
3. In 1906, Congress was informed by the Dawes Commission that despite their best efforts, parcels of land remained to be allotted or sold and they could not finish their work if the governments of the Five Civilized Tribes terminated in 1906.
4. The United States Congress passed the Five Civilized Tribes Act of 1906 which provided for the continuation of the governments of the Five Tribes in accordance with law and providing that the President of the United States or his designee could appoint a "chief" to carry out the unfinished business of their respective nations.
The lands of the tribe yet to sold or allotted were valuable assets that could not just be "taken" from the Indian people. The 1906 Five Tribes Act provided for only three things:
a. The continued existence of the governments of the Five Tribes until Congress deemed otherwise.
a. The continued existence of the governments of the Five Tribes until Congress deemed otherwise.
b. Those governments would be controlled in their actions in accordance with existing law. Since Oklahoma was not a state yet and state law doesn't apply anyway, the only laws existing at that time were federal laws, ie the Dawes Act and the Curtis Act and Cherokee law, ie the 1839 Constitution.
c. The U.S. President would have the authority to appoint the principal officer of the Five Tribes.
The governments of the Five Civilized Tribes were saved from oblivion by the 1906 FTA. Without it, there would be no Cherokee Nation today. Yes, there is a Cherokee Nation today, more on that later.
5. The U.S. Congress passed the Indian Reorganization Act (IRA) in 1934 to restore Indian governments and provide for self-governance. However, the act specifically excluded the tribes in Oklahoma.
6. The U.S. Congress passed the Oklahoma Indian Welfare Act (OIWA) in 1936 to restore self-governance to Indian tribes in Oklahoma. This Act provided for the reorganization of tribal governments and repealed any disability Congress had imposed from past legislation, but only for tribes who reorganized under the authority of the OIWA.
It was the intent of Congress to right an historic wrong it had committed against the natives of the this country. In so doing, it provided a mechanism by which tribes might be restored to their sovereignty and self-governance. Any tribe could reorganize and four of the Five Civilized Tribes have done so. The only tribe not taking advantage of the provisions of the OIWA is the Cherokee Nation.
7. Thophlocco, Kialagee and Alabama/Quarsarte Tribal Towns are federally recognized local governments governing under charters obtained through the Oklahoma Indian Welfare Act.
8. The United Keetoowah Band is a federally recognized local government governing under a charter obtained through the Oklahoma Indian Welfare Act.
Nothing in the recognition of either the tribal towns or the UKB affects or hinders the rights of individuals as citizens of their respective larger nations. In other words, UKB is an inseparable parts of the Cherokee Nation (notice I did not say CNO). And the Creek Tribal Towns are inseparable parts of the Creek Nation. This is so, even if they prohibit their members from 'enrolling' in the greater part of the whole nation. It is the policy of the BIA and unfettered by Congress, that the United States, through the BIA, may develop government to government relationships with local governments within a greater tribe. The Creek Nation has provided in law that the government to government relationship between the Creek Nation and the Tribal Towns is approved. The adverserial relationship developed between the Cherokee Nation of Oklahoma and the UKB does not change the relationship of the individual citizens to each other. The Earl Boyd Pierce letter and the actual participation of the UKB in Cherokee Nation affairs prior to 1976, all point to the fact that the UKB and the Cherokee Nation are connected. Since the creation of the CNO in 1976, the Cherokee Nation itself has remained silent regarding it relationship with the UKB or through its sole embodiment in the office of the Principal Chief has furthered the antagonism.
9. The Creek Nation is a federally recognized government governing under a charter obtained thorough the Oklahoma Indian Welfare Act.
10. The Cherokee Nation is not a federally recognized government because it has not reorganized under the authority of the Oklahoma Indian Welfare Act. The CNO is recognized by the BIA for the purpose of social services delivery. Any further recognition of the CNO as a sovereign entity is at risk of being overturned in the federal courts.
A group of Cherokees, headed by then Principal Chief Ross O. Swimmer, developed what they called a "constitution" in 1976. Without authorization in the 1970 Five Tribes Act and definitely not under the authority of the 1839 Constitution, Swimmer did one of two things:
The governments of the Five Civilized Tribes were saved from oblivion by the 1906 FTA. Without it, there would be no Cherokee Nation today. Yes, there is a Cherokee Nation today, more on that later.
5. The U.S. Congress passed the Indian Reorganization Act (IRA) in 1934 to restore Indian governments and provide for self-governance. However, the act specifically excluded the tribes in Oklahoma.
6. The U.S. Congress passed the Oklahoma Indian Welfare Act (OIWA) in 1936 to restore self-governance to Indian tribes in Oklahoma. This Act provided for the reorganization of tribal governments and repealed any disability Congress had imposed from past legislation, but only for tribes who reorganized under the authority of the OIWA.
It was the intent of Congress to right an historic wrong it had committed against the natives of the this country. In so doing, it provided a mechanism by which tribes might be restored to their sovereignty and self-governance. Any tribe could reorganize and four of the Five Civilized Tribes have done so. The only tribe not taking advantage of the provisions of the OIWA is the Cherokee Nation.
7. Thophlocco, Kialagee and Alabama/Quarsarte Tribal Towns are federally recognized local governments governing under charters obtained through the Oklahoma Indian Welfare Act.
8. The United Keetoowah Band is a federally recognized local government governing under a charter obtained through the Oklahoma Indian Welfare Act.
Nothing in the recognition of either the tribal towns or the UKB affects or hinders the rights of individuals as citizens of their respective larger nations. In other words, UKB is an inseparable parts of the Cherokee Nation (notice I did not say CNO). And the Creek Tribal Towns are inseparable parts of the Creek Nation. This is so, even if they prohibit their members from 'enrolling' in the greater part of the whole nation. It is the policy of the BIA and unfettered by Congress, that the United States, through the BIA, may develop government to government relationships with local governments within a greater tribe. The Creek Nation has provided in law that the government to government relationship between the Creek Nation and the Tribal Towns is approved. The adverserial relationship developed between the Cherokee Nation of Oklahoma and the UKB does not change the relationship of the individual citizens to each other. The Earl Boyd Pierce letter and the actual participation of the UKB in Cherokee Nation affairs prior to 1976, all point to the fact that the UKB and the Cherokee Nation are connected. Since the creation of the CNO in 1976, the Cherokee Nation itself has remained silent regarding it relationship with the UKB or through its sole embodiment in the office of the Principal Chief has furthered the antagonism.
9. The Creek Nation is a federally recognized government governing under a charter obtained thorough the Oklahoma Indian Welfare Act.
10. The Cherokee Nation is not a federally recognized government because it has not reorganized under the authority of the Oklahoma Indian Welfare Act. The CNO is recognized by the BIA for the purpose of social services delivery. Any further recognition of the CNO as a sovereign entity is at risk of being overturned in the federal courts.
A group of Cherokees, headed by then Principal Chief Ross O. Swimmer, developed what they called a "constitution" in 1976. Without authorization in the 1970 Five Tribes Act and definitely not under the authority of the 1839 Constitution, Swimmer did one of two things:
a. He created an illegal institution known as the Cherokee Nation of Oklahoma (CNO) or,
b. The CNO is nothing more than promulgated 'rules'to carry out the popular selection of the principalofficer of the Cherokee Nation as provided for in theAct and its actions as a sovereign polity are anillegitimate usurping of the authority of the silent Cherokee Nation.
Either way, the 1976 Constitution, in spite of its language to the contrary, could not superceded the 1839 Constitution, as there was no law which provided for it. This means that the Cherokee Nation, as it existed in law between 1906 and 1976, continued unfettered except by limitation imposed by the Curtis Act and the 1970 FTA. After 1976, the Cherokee Nation became the silent twin of the CNO (man in the iron mask). While the sole embodiment of the Cherokee Nation reposes in the office of the Principal Chief, he is aided in his work by a corporation he created which goes by the name Cherokee Nation of Oklahoma. We know this is so because of the Court case of Harjo v. Kleppe in which the Creek citizens demanded reorganization of their government. The Harjo Court found that because of the limitation of the Curtis Act, 1906 and 1970 Five Tribes Act, the sole embodiment of the Creek Nation rested in the office of the Principal Chief. The so-called constitution created by then Creek Chief Claud Cox did not and could not replace the original Creek Constitution of 1867 and was, therefore a nullity. The situation of the Cherokee Nation is the same. Nothing has occurred in the law which removes the disabilities imposed upon the Cherokee Nation by the Curtis Act.
Either way, the 1976 Constitution, in spite of its language to the contrary, could not superceded the 1839 Constitution, as there was no law which provided for it. This means that the Cherokee Nation, as it existed in law between 1906 and 1976, continued unfettered except by limitation imposed by the Curtis Act and the 1970 FTA. After 1976, the Cherokee Nation became the silent twin of the CNO (man in the iron mask). While the sole embodiment of the Cherokee Nation reposes in the office of the Principal Chief, he is aided in his work by a corporation he created which goes by the name Cherokee Nation of Oklahoma. We know this is so because of the Court case of Harjo v. Kleppe in which the Creek citizens demanded reorganization of their government. The Harjo Court found that because of the limitation of the Curtis Act, 1906 and 1970 Five Tribes Act, the sole embodiment of the Creek Nation rested in the office of the Principal Chief. The so-called constitution created by then Creek Chief Claud Cox did not and could not replace the original Creek Constitution of 1867 and was, therefore a nullity. The situation of the Cherokee Nation is the same. Nothing has occurred in the law which removes the disabilities imposed upon the Cherokee Nation by the Curtis Act.
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