US Congress considers seating Native American tribal delegate

Cherokee Nation chief pushes US to honour promise of Home delegate which has gone unfulfilled for almost 200 years.

Chuck Hoskin, from the shoulders up, in front of microphone
Cherokee Nation Chief Chuck Hoskin speaks throughout a Home Guidelines Committee listening to on November 16, 2022 [Mariam Zuhaib/AP Photo]

The US Congress is exploring the potential for honouring a promise made almost 200 years in the past: seating a delegate from the Cherokee Nation of Oklahoma, a Native American tribe, within the US legislature.

Cherokee Nation Principal Chief Chuck Hoskin testified on Wednesday earlier than a US Home Guidelines Committee, the primary to look at the prospect of seating a Cherokee delegate within the chamber of Congress.

The 1835 Treaty of New Echota features a provision permitting the Cherokee Nation to ship a delegate to Washington, DC. A separate treaty in 1866 affirmed this proper, Hoskin mentioned.

“The Cherokee Nation has actually adhered to our obligations beneath these treaties,” he instructed the panel. “I’m right here to ask the USA to do the identical.”

The session came about amid requires the US to reckon with its historical past of violent displacement, racism and cultural erasure in opposition to Native Individuals.

“Article 7 of the Treaty of New Echota is crystal clear—Cherokee Nation ‘shall be entitled to a delegate within the Home of Representatives of the USA at any time when Congress shall make provision for a similar’,” the Cherokee Nation web site notes.

The treaty was used because the authorized foundation for the US authorities’s pressured elimination of Cherokee Nation members from their homelands east of the Mississippi River. In accordance with the US Nationwide Parks Service (NPS), it was carried out beneath coercive and unlawful circumstances.

Though most Cherokee Nation members opposed elimination, the US sought out a small minority who believed a treaty was the one technique to survive amid fast growth westward.

In December 1835, the US met with a bunch of Cherokee folks to signal a treaty ceding all Cherokee territory east of the Mississippi to the US. Not a single elected consultant of the Cherokee Nation was current and greater than 15,000 protested.

Violent removals quickly adopted.

“In Might 1838, Federal troops and state militias started the roundup of the Cherokees into stockades,” the NPS mentioned. “Households have been separated-the aged and sick pressured out at gunpoint – folks given solely moments to gather cherished possessions. White looters adopted, ransacking homesteads as Cherokees have been led away.”

By November, about 12,000 Cherokee had been despatched on a brutal, 1,290km (800 miles) journey west, the NPS mentioned. Whereas the precise variety of these killed in what turned often called the “Path of Tears” is just not recognized, the company cited a health care provider who accompanied the elimination and mentioned almost one-fifth of the Cherokee inhabitants died on account of the removals.

‘Needs to be accomplished shortly’

Hoskin set the method of getting a Cherokee delegate into the Home in movement in 2019. That's when he nominated Kimberly Teehee, an adviser to former President Barack Obama, for the place. The tribe’s governing council authorised her unanimously.

On Wednesday, Hoskin urged to the committee that Teehee might be seated as early as this yr by means of both a decision or change in statute. The committee’s Chairman, Massachusetts Democratic Consultant James McGovern, and different members supported the concept that it might be achieved shortly.

“This could and needs to be accomplished as shortly as doable,” McGovern mentioned. “The historical past of this nation is a historical past of damaged promise after damaged promise to Native American communities. This can't be one other damaged promise.”

Nonetheless, committee members famous that some questions stay, together with whether or not different tribes might be afforded related illustration and whether or not the Cherokee Nation of Oklahoma is the right heir of the settlement.

McGovern mentioned he has been contacted by officers with the Choctaw Nation of Oklahoma and the Delaware Nation, each of which have separate treaties with the US authorities that decision for some type of illustration in Congress.

McGovern additionally famous there are two different federally recognised bands of Cherokee Indians who argue they need to be thought-about successors to the 1835 treaty: the United Keetoowah Band (UKB) of Cherokee Indians in Oklahoma and the Jap Band of Cherokee Indians based mostly in North Carolina, each of which reached out to his workplace.

The UKB chosen its personal congressional delegate, Oklahoma lawyer Victoria Holland, in 2021. Holland mentioned in an interview with The Related Press that her tribe is a successor to the Cherokee Nation that signed the 1835 treaty, identical to the Cherokee Nation of Oklahoma.

“As such, we've equal rights beneath all of the treaties with the Cherokee folks and we needs to be handled as siblings,” Holland mentioned.

Members of the committee additionally appeared to agree the delegate would tackle a task just like representatives of different territories such because the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa and the Virgin Islands, all of which might submit amendments to payments however usually are not allowed to vote on their last passage.

Markwayne Mullin, a member of the Cherokee Nation, was elected to the US Senate earlier this month, making him the primary Native American to serve within the Senate in almost 20 years.

“As a member of the Cherokee Nation, I firmly consider the federal authorities should honor its belief and treaty duties to Indian Nations,” Mullin mentioned in an announcement. “We're solely pretty much as good as our phrase.”

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