In September 1839, a group of Cherokees convened in Tahlequah to frame a new constitution. Today, two Cherokee tribes exist in Tahlequah: the Cherokee Nation and the United Keetoowah Band of Cherokee Indians.
As it stands today, the UKB asserts it is a “successor in interest” to the historical Cherokee Nation. Meanwhile, the Cherokee Nation – also known as the Cherokee Nation of Oklahoma – claims it remains the tribe for which the 1839 Constitution was created, and has repeatedly insisted the UKB’s claim to be a successor in interest is false.
“My argument is they changed their name from Cherokee Nation of Oklahoma to Cherokee Nation as a cosmetic ruse so people would think they are the same entity,” said David Cornsilk, a dual-enrolled member of both tribes, genealogist and historian. Cornsilk, a former journalist, believes the tribe known as the Cherokee Nation today is not the same as the one from 1839.
In 1975, Principal Chief Ross Swimmer led an effort to create a new constitution, for which the title read “the Constitution of the Cherokee Nation of Oklahoma.” Then, the tribe drafted a new constitution in 1999 and ratified it in 2003, leaving the “of Oklahoma” portion out.
Chad Smith, who served as principal chief at the time, said the name has always been “Cherokee Nation,” though.
“There wasn’t an Oklahoma when Cherokees came to Indian Territory,” Smith said. “So when the federal acts for allotment occurred, it was always the ‘Cherokee Nation’. It was in 1975 that Ross Swimmer … led the effort to update the constitution. If you look at the text of the constitution, it never changes the name. The only place the name is [changed] is in the printer’s title.”
In 1970, Congress passed the Five Tribes Principal Chiefs Act, allowing citizens and descendants of the Five Tribes to popularly select…