In the Treaty of 1856, Congress promised that “no portion” of the Creek Reservation “shall ever be embraced or included within, or annexed to, any Territory or State.”
This week, the Supreme Court ruled 7-2 in the case McGIRT v. OKLAHOMA that the Creek Nation within Oklahoma is reestablished as an Indian reservation.
The Court also ruled the state of Oklahoma does not have jurisdiction over Native American Jimcy McGirt’s case on Indian land, which will most likely be retried in federal court. Other cases could also be repealed. Read more on complicated Tribal law at FBI.gov.
The dissent
Justice John Roberts wrote that Congress’ cumulative body of legislation sufficiently disestablished the CREEK nation, and it is NOT necessary for Congress to specifically declare it disestablished.
However, in ruling against the Trump Administration in the DACA case, Roberts said the administration did not follow exact proper procedures. Interesting.
Indian Slave Owners
The Five Tribes of Creek, Cherokee, Chickasaws, Choctaws, and Seminoles whose members collectively held at least 8,000 slaves, signed treaties of alliance with the Confederacy and fought against the North.
After the Confederate loss new treaties were made stating the Tribes had “ignored their allegiance to the United States” and were “liable to forfeit” all “benefits and advantages enjoyed by them.” These western lands became the Oklahoma Territory.
Read more historical background in the Supreme Court ruling.
