‘A Seat at the Table’

The Treaty of New Echota, signed in 1835, pushed 16,000 Cherokee people off their lands in present-day Georgia to make room for White settlers. Thousands of U.S. soldiers and Georgia militiamen forced the Cherokees at gunpoint to honor the treaty and march on what became known as the Trail of Tears to new lands in Oklahoma.

But there was another piece of that treaty that’s long been ignored: It stipulated that the Cherokee Nation would be entitled to a nonvoting seat in the U.S. House of Representatives. Congress reneged on that part of the deal. But now, amid a growing movement across Indian Country for greater representation and sovereignty, the Cherokees are pushing to seat a delegate, 187 years later.

“For nearly two centuries, Congress has failed to honor that promise,” says Chuck Hoskin Jr., principal chief of the Cherokee Nation. “It’s time to insist the United States keep its word.”

The Treaty of New Echota was signed in 1835. It pushed 16,000 Cherokee people off their lands in present-day Georgia. The forced removal was part of plans to make room for White settlers. Thousands of U.S. soldiers and Georgia militiamen forced the Cherokees at gunpoint to honor the treaty and march to new lands in Oklahoma. Their journey became known as the Trail of Tears.

But there was another piece of that treaty that’s long been ignored. It promised that the Cherokee Nation would have a nonvoting seat in the U.S. House of Representatives. Congress went back on that part of the deal. But now, the Cherokees are pushing to seat a delegate, 187 years later. Their fight is part of a growing movement across Indian Country for greater representation and control.

“For nearly two centuries, Congress has failed to honor that promise,” says Chuck Hoskin Jr., principal chief of the Cherokee Nation. “It’s time to insist the United States keep its word.”

The Cherokee Nation is trying to cobble together bipartisan support for its delegate, who, if seated, would have a role resembling that of the half-dozen nonvoting House members representing Washington, D.C., and some U.S. territories. Such delegates can’t take part in final votes but can introduce legislation, serve on committees, and request meetings with Cabinet officials.

Kimberly Teehee, whom the Cherokee Nation has nominated for the delegate position, says the role would open the door to better Indigenous representation.

“We have priorities that are similar to other tribes’ when it comes to deployment of dollars, accessing health care, public safety, preserving our culture,” she says. “This treaty right allows us to have a seat at the table.”

The Cherokee Nation, now based in Oklahoma, has about 430,000 citizens, Teehee says, more than the combined populations of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, all of which have their own delegates in Congress.

The Cherokee Nation is trying to gather bipartisan support for its delegate. If seated, this delegate would have a role like that of the half-dozen nonvoting House members representing Washington, D.C., and some U.S. territories. Such delegates can’t take part in final votes. Still, they can introduce legislation, serve on committees, and request meetings with Cabinet officials.

The Cherokee Nation has nominated Kimberly Teehee for the delegate position. She says the role would open the door to better Indigenous representation.

“We have priorities that are similar to other tribes’ when it comes to deployment of dollars, accessing health care, public safety, preserving our culture,” she says. “This treaty right allows us to have a seat at the table.”

The Cherokee Nation is now based in Oklahoma. It has about 430,000 citizens, Teehee says. That›s more than the combined populations of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. All of these U.S. territories have their own delegates in Congress.

So far, the Nation has drawn backing from Native American leaders across the country, as well as measured support from members of Oklahoma’s congressional delegation, including Representative Tom Cole, a Republican and member of the Chickasaw Nation. In November, the House Rules Committee held a hearing, and members of both parties expressed encouragement.

“It’s never too late to do the right thing,” Cole says, adding that the hearing was “extraordinarily helpful and clarifying.”

Still, the Cherokees could struggle to win over the deeply divided House. A spokesperson for House Speaker Kevin McCarthy, a Republican, didn’t respond to an inquiry about the Cherokees’ effort.

So far, the Nation has secured support from Native American leaders across the country. It also has locked in support from members of Oklahoma’s congressional delegation, including Representative Tom Cole, a Republican and member of the Chickasaw Nation. In November, the House Rules Committee held a hearing. Members of both parties at the hearing were encouraging.

“It’s never too late to do the right thing,” Cole says, adding that the hearing was “extraordinarily helpful and clarifying.”

Still, the Cherokees could struggle to win over the deeply divided House. A spokesperson for House Speaker Kevin McCarthy, a Republican, didn’t respond to a request for a comment about the Cherokees’ effort.

The proposal faces other challenges, including the question of whether it’s fair for the Cherokee Nation to get both a delegate and a congressperson for their state district, which would be like getting “two bites of the apple,” Cole noted last year.

A report by the Congressional Research Service also raised legal concerns, including the possibility that the delegate provision would not apply now that Oklahoma is a state, not Indian Territory.

Tribal nations across the U.S. are closely following the debate, eyeing the possibility that it could set a precedent. The Choctaw Nation may also have the right to a delegate under the Treaty of Dancing Rabbit Creek of 1830, signed before the tribe’s removal from Mississippi. Similarly, the Delaware Nation’s treaty with the U.S. in 1778 could allow its members a delegate.

The proposal faces other challenges, including the question of whether it’s fair for the Cherokee Nation to get both a delegate and a congressperson for their state district. That would be like getting “two bites of the apple,” Cole noted last year.

A report by the Congressional Research Service also raised legal concerns. Among them is the possibility that the delegate provision would no longer apply. That’s because Oklahoma is now a state, not an Indian Territory.

Tribal nations across the U.S. are closely following the debate. They think it could set a precedent. The Choctaw Nation may also have the right to a delegate under the Treaty of Dancing Rabbit Creek of 1830. It was signed before the tribe’s removal from Mississippi. Similarly, the Delaware Nation’s treaty with the U.S. in 1778 could allow its members a delegate.

“I think you’ll see a significant outcry from the rest of Indian Country saying, ‘We want one too,’ ” says M. Alexander Pearl, a law professor at the University of Oklahoma and a citizen of the Chickasaw Nation. “And I think that they’re right.”

Whatever Congress decides, the debate is lifting the veil on one of the most contentious periods between the U.S. and Indigenous peoples, and many advocates hope it will lead to change.

“I think about . . . all the struggles that occurred as a result of that forced removal,” Teehee says. “The final outcome being the seating of the actual delegate in the House would give some small measure of justice for those, including my own ancestors, who lost their lives during that forced march.”

“I think you’ll see a significant outcry from the rest of Indian Country saying, ‘We want one too,’” says M. Alexander Pearl, a law professor at the University of Oklahoma and a citizen of the Chickasaw Nation. “And I think that they’re right.”

Whatever Congress decides, the debate is lifting the veil on one of the most heated periods between the U.S. and Indigenous peoples. Many advocates hope it will lead to change.

“I think about . . . all the struggles that occurred as a result of that forced removal,” Teehee says. “The final outcome being the seating of the actual delegate in the House would give some small measure of justice for those, including my own ancestors, who lost their lives during that forced march.”

With reporting by Emily Cochrane and Mark Walker of The New York Times.

With reporting by Emily Cochrane and Mark Walker of The New York Times.