Press Release
Tahlequah, Oklahoma—It is important that we address the recent “Chief Chat” from Cherokee Nation of Oklahoma Chief Chuck Hoskin Jr.
The statements in this article are not based in fact, are not the truth and attempts to create a fictional narrative in hopes of creating division between Cherokees.
The article serves a political agenda, benefiting the leadership of the CNO and ignoring the reality that our tribal members live and work together, and share a rich history. The imaginary and inflammatory narrative pushed in this piece attempts to rewrite history and facts to erode the UKB’s rightful standing as a federally recognized tribe and a successor in interest to the Cherokee treaties.
It’s disappointing that the CNO leadership would rather attempt to create division than work towards unity. The UKB stands for truth and a future where both the UKB and CNO work together with mutual respect. We cannot allow inaccurate and misleading statements to continue unchecked, nor can we accept the erasure of our history.
While we categorically disagree with the premise, spirit and specifics of Hoskin’s “Chief Chat,” we are compelled to correct the record and directly dispel the many outlandish claims in his writing.
Claim & Fact
Hoskin’s Claim: “Cherokee Nation existed before the founding of the United States. For every “Cherokee” treaty with the United States, the Cherokee Nation was the exclusive tribal nation involved.”
The Facts: False. As Chief Hoskin well knows but fears to admit, the historic Cherokee Nation today is represented equally by three federally recognized Cherokee tribes (United Keetoowah Band of Cherokee Indians in Oklahoma, Eastern Band of Cherokee Indians (located in North Carolina), and the Cherokee Nation of Oklahoma (which now, unhelpfully and undoubtedly to sow confusion, calls itself the Cherokee Nation).
Plus, the history of Cherokee treaties is much richer than the CNO Chief fails to ever mention, mostly because it does not support his self-serving “version” of history. For instance, there was a faction of Cherokees that voluntarily moved west prior to the trail of tears, comprising the fullbloods who were known as the Western Cherokee, predecessors to what became the United Keetoowah Band. The treaty of New Echota (the removal treaty) was signed by a group of Cherokee that lacked authority to negotiate a treaty on behalf of the whole of the Cherokee people. The Cherokee Nation of Oklahoma routinely overlooks the historical defects caused by one faction of the Cherokee who held themselves out as acting with authority on behalf of the whole of the Cherokee people. Chief Hoskin repeats this sin daily, as evidenced by his October 18 statements and comments since.
Hoskin’s Claim: “All of our treaty rights – including our final and binding Treaty of 1866 – as well as every other inherent, judicially, or congressionally recognized attribute of “Cherokee Nation” sovereignty belongs solely to the Cherokee Nation.”
The Facts: False. As noted above and as Chief Hoskin is aware, there are three federally recognized Cherokee Tribes: The Eastern Band of Cherokee Indians, the United Keetoowah Band of Cherokee Indians in Oklahoma, and the Cherokee Nation of Oklahoma. Cherokees who removed to Indian Territory at the time of the treaty of New Echota outnumbered the traditional Western Cherokee, who were already in present day Oklahoma by a ratio of four to one. The majority enacted the Cherokee Act of Union which consolidated the governments of the Western Cherokee and the removed Cherokee but by 1846 the federal government soon realized that a new treaty was necessary, and that treaty expressly recognized the rights of both the Western Cherokee and the removed Cherokee to ownership of the Cherokee Indian Reservation. Hoskin picks and chooses his historical facts, and he often does so unchallenged. He counts on CNO’s money and power to keep people from asking questions, the UKB counts on the historical facts alone.
Hoskin’s Claim: “Two bands were recognized after Cherokee removal – and after our hard-fought and enduring path to unity.”
The Facts: History cherrypicked by Chief Hoskin proves him wrong, again. For the 1785 and 1791 Cherokee treaties, the whole of the Cherokee people was one body politic. The traditional fullblood Cherokees that would become the Western Cherokee, the precursor to the United Keetoowah Band, signed a treaty in 1817 independent of the larger Cherokee body politic. At the time of the 1835 Cherokee treaty purportedly signed on behalf of the whole of the Cherokee people, the Western Cherokee were identifiable for their adherence to traditional Cherokee beliefs and practices, but were an integral part of the Cherokee body politic. The 1846 treaty recognized the ownership rights of both the Western Cherokees and the removed Cherokees in the Oklahoma Cherokee reservation.
Further, during the Civil War the removed Cherokees (mixed blood Indians from whom the CNO descends) sided with the Confederacy, in favor of slavery, and executed a treaty with the Confederacy to confirm their loyalty to the Confederacy. The traditional Western Cherokee, on the other hand, sided with President Lincoln, opposed slavery and enlisted and fought in the Union Army to protect the Union. At the end of the Civil War, the mixed blood majority, not including the Keetoowah, of course, executed the 1866 treaty on behalf of the whole of the Cherokee people to reestablish the government-to-government relationship with the surviving Union. In contrast, the Union presented to the Keetoowah a battle flag to express its gratitude for the Keetoowah’s loyalty to the Union and its opposition to slavery. The flag is proudly displayed today in the United Keetoowah Band’s museum in Tahlequah.
The bottom line is that pre-statehood Oklahoma Cherokee government exists today in Oklahoma in both the Cherokee Nation of Oklahoma and the United Keetoowah Band. The CNO bully tactics cannot be allowed to rewrite history.
Hoskin’s Claims: “Neither band has any jurisdictional authority over the Cherokee Nation Reservation”, “…ill-defined administrative authority the UKB exercises at its government complex” and “Notably, UKB lacks any criminal jurisdiction over the 7,000-square-mile Cherokee Nation Reservation. None.”
The Facts: There is no evidence to prove this outlandish claim saying the UKB lacks jurisdiction other than things that CNO has created themselves saying so. Further, the UKB has 76-acres of land in trust with the United States over which it unambiguously exercises jurisdiction. Chief Hoskin’s lack of understanding of the law aside, there is nothing ambiguous about the UKB’s authority. There is nothing saying the UKB lacks criminal jurisdiction other than CNO saying so.
Hoskin’s Claims: “Recently, a person passing through Tahlequah, and alleged to be driving under the influence, was arrested and charged with a DUI”, “The employee of UKB, like all UKB Lighthorse “Police” staff, lacked the legal authority to pull over vehicles, much less detain anyone, which she did”, and “The sole reason for this is that the UKB, posing as a police force, ruined a prosecution of an alleged drunk driver.”
The Facts: The UKB officer referred the matter to a state officer, who arrested the individual, following procedure. The matter has not been fully litigated but federal case law affirms that the UKB officer’s actions were proper. Furthermore, UKB officers would have authority as CLEET certified officers under Oklahoma law and US v. Cooley allows for tribal officers to detain non-Indians without cross deputation agreements. Further, the Bureau of Indian Affairs has issued law enforcement commissions to UKB law enforcement officers to enforce federal and tribal law. Agreements with local law enforcement would also be in place but for Chief Hoskin’s practice of directing local law enforcement to withhold cooperation with the UKB, a shameful practice by Hoskin that compromises the safety of Oklahomans.
Hoskin’s Claims: “…twisted priorities of the UKB leadership”, “It means people can get hurt, lives can be lost, and justice cannot be served”, and “The UKB, with its frivolous claims to our treaty rights, is an existential threat to the Cherokee Nation.”
The Facts: The sick priorities of the CNO leadership are to terminate the UKB. The UKB’s goal is to protect the health, safety, and welfare of all citizens living within the Oklahoma Cherokee Reservation, even as the CNO fights to ensure its monopolistic empire, and nothing more.
The UKB has attempted for the two tribes to work together and show mutual respect for each other. Among the Oklahoma Cherokee people, there is no such division. It is only the leadership of the CNO who promote division. The Cherokee people in Oklahoma live together in the community, share homes and attend the same schools. We are family.
Chief Hoskin’s dangerous and reckless comments regarding a bona fide law enforcement agency on the Oklahoma Cherokee Reservation, and legitimate actions by a law enforcement officer, constitutes the real to public safety in Northeastern Oklahoma.
The UKB is not a threat to the historic Cherokee Nation. In fact, we are the embodiment of the historic Cherokee Nation. Nor is the UKB a threat, existential or otherwise, to the CNO. Perhaps the CNO leadership should ask the people if they feel threatened by their traditional brothers and sisters at UKB.
We encourage everyone to dig into Cherokee history. Do not let the CNO spoon feed a selective version of history. Visit the UKB museum. Talk to your elders.
Chief Hoskin’s efforts to pit Cherokee against Cherokee is despicable. It is beyond the time to move forward together and to heal as the Cherokee people.
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