Big Sesquicentennial Lie of 2006:
Cherokee Nation Sesquicentennial celebration
is an absolute lie. True this is the Sesquicentennial date of the Cherokee nation from the advent of the
1839 Constitution of the Cherokee Nation which this LIE makes a total mockery
of, by an entity usurping the Sovereign rights of the Cherokee People, and was
only established by Ross Swimmer in 1975, the "Cherokee Nation of Oklahoma"
If you read the press releases regarding the upcoming Cherokee Nation Holiday with any understanding of what they are saying, you the reader will learn the truth. They cannot celebrate the 1906 Five Civilized Tribes Act without actually telling the truth about what it means.
The reader should note that the CNO admits three basic facts in each of their press releases which provide proof positive that the constitutional government of the Cherokee people created in 1839 continued on after Oklahoma statehood. And if the reader can achieve this understanding, then the logical question then becomes, "By what authority did Ross Swimmer create a new constitution?"
And if the answer to that question is, as I contend, he had no authority, then the government he created is not the Cherokee Nation, as yet still continued in "full force and effect" as it existed in 1906.
1. CNO makes it clear that the government of the Cherokee people, styled The Cherokee Nation, was created by the Constitution of 1839, and;
2. CNO makes it clear that the constitutional government of the Cherokee Nation was continued in full force and effect by the 1906 Five Civilized Tribes Act, and;
3. CNO makes it clear that the Cherokee National Holiday, begun in 1953, was developed to celebrate the signing of the 1839 Constitution.
If the 1906 Five Civilized Tribes Act continued the "constitutional governments" of the Five Civilized Tribes, then where did those governments go? Three of those tribes, the Creeks, Choctaws and Chickasaws, operate under revised constitutions in accordance with the Oklahoma Indian Welfare Act. The Seminole Nation and Cherokee Nation did not, and under the same disabilities imposed by the Curtis Act (no courts, laws unenforceable), Five Tribes Act (government continues on, President to appoint Principal Chief) and the Principal Chiefs Act (Cherokee people get to popularly select Principal Chief, who is authorized to 'promulgate rules').
We saw from the previous article by Mildred Mellowbug in 1973, posted by Marvin Summerfield, that the Cherokee people were in the process of revising the 1839 Constitution to create a real representative government, when that process was hijacked by Ross O. Swimmer when he created the organization known as the Cherokee Nation of Oklahoma by ignoring the Cherokee people's revisions and created his own constitution of 1975.
He claimed, as has every chief since him, that the authority to create this constitutional government is derived from the 1970 Principal Chiefs Act. Yet, any reasonably intelligent reader can simply look at the wording of that act, which provides for the Principal Chief to "promulgate rules" for an election and nothing more, and ascertain that Swimmer had no authority to create a new constitution.
These are not revelations unknown to the leadership of the CNO. The evidence of their efforts to cover up and validate the CNO government is evident in the language inserted into the Delaware Recognition Bill which states that the United States recognize the CNO and its 1975/99 constitution as the only valid governing document.
I have said this before and offer it again: if the CNO is the legitimate government of the Cherokee Nation, then why would such language be necessary? The traditional language in most bills proposed to Congress merely state that the tribe, "from time immemorial" and does not seek to have Congress, in a sideways manner, give some kind of left handed recognition to a government that supposedly is already recognized.
The Cherokee Nation was organized as a government under the terms of the 1839 Constitution by a delegation of the inherent sovereign authority of the Cherokee people to govern themselves. That right has been reaffirmed time and again by the courts and Congress.
Thus, we have a tribal government, continuing in full
force and effect, but restricted according to law. In other words, the 1839
Constitution, which had created the Cherokee Nation was recognized and continued. The 1898 Curtis Act was
recognized as controlling and diminishing the sovereign authority of the tribe
by abolishing its courts. The citizenship of the Cherokee Nation was "frozen" by
Congress when it closed the Dawes Rolls, providing that the individuals born to
Dawes enrollees were merely descendants, but not citizens. The only citizens of
the Cherokee Nation are those persons listed upon the Dawes Commission Rolls,
and their numbers are few, as those yet living would be 100 years old or
The U.S. Congress restricted the sovereign authority of the Cherokee people's government in 1898 by passing the Curtis Act, which stripped the Cherokee government of its courts and made its laws unenforceable in the state and federal courts.
Following major efforts on the part of Congress to dismantle the Cherokee Nation, a bill was passed in 1906 continuing the Cherokee Nation "in full force and effect" according to law, but completely removed the legislative branch and took democracy away from the Cherokee people by providing that the principal chief would be appointed by the President.