History
The dispute over Hickory Ground is rooted in the tragic historical events of the Creek War (1813-1814), the Treaty of Fort Jackson, and Andrew Jackson’s Indian Removal Act (referenced as “Trail of Tears” today). Current litigation stems from the Muscogee (Creek) Nation's discontent with the Poarch Band of Creek Indians exercising sovereignty over a small, 34-acre parcel of the historic Creek town. Poarch acquired the property on its own in 1980 after an attempt to jointly purchase the land with the Muscogee (Creek) Nation went unanswered.
Origins through early federal recognition:
Creek people lived throughout Alabama, Florida, and Georgia, including near modern-day Wetumpka where the Coosa and Tallapoosa rivers form the Alabama River.
Trade routes were established from South Carolina to New Orleans to the Caribbean by the ancestors of the Poarch Creek Indians.
In the late 1700s, Poarch Creek Indian ancestors still lived near Wetumpka. Some had multiple residences near and along the Alabama River. They lived from the Coosa-Tallapoosa confluence down to the Mobile Delta.
The Treaty of Fort Jackson caused the Creek Nation of Indians to cede 21,000,000 acres of land along the Coosa, Tallapoosa, and Alabama Rivers. Over 6,000,000 of those acres, including Hickory Ground, were associated with PCI ancestors, who had strong Alibamu ancestry from those lands. No PCI ancestors signed the Treaty of Fort Jackson that ceded this land away. The treaty allowed “Friendly Creeks” to claim reservations. This let Hickory Ground remain occupied, with Tallassee Fixico—a pro-American treaty signer—receiving a one-square-mile claim that included the site, which he later sold.
Jackson's Indian Removal Act removed many Creeks from the remaining northeastern portion of Creek Nation (present day North Central Alabama and Northwestern Georgia), along the Tallapoosa and Chattahoochee Rivers. Many Hickory Ground descendants had dispersed after the war. A Hickory Ground town did survive in name and was recorded in an 1832 Creek Indian census. This census indicates the town was relocated from its original site that was abandoned in 1813 to a new site at Jordan Lock and Dam (located just north of present-day Wetumpka, AL).
PCI Tribal Planner Larry D. Haikey sent a letter to Mr. John Charloe of MCN inquiring about a joint purchase of Hickory Ground. The outreach went unanswered.
PCI purchased the Hickory Ground property.
Muscogee (Creek) Nation officially establishes government-to-government relations with the Poarch Creek Indians. Section 105 states that, “The Muscogee (Creek) Nation disclaims all interest in the internal affairs of the Poarch Band, effective March 24, 1832.”
The Poarch Creek Indians became the first and only Alabama tribe to be granted federal recognition by the Bureau of Indian Affairs. The United States federal government effectively formalized what had always been true: PCI is a sovereign Indian nation that has existed as a distinct political community since before the Creek War of 1813-14.
The federal government took the Hickory Ground property into trust for PCI, establishing it as part of the Tribe’s initial reservation.
Archaeology, study of the site, and development leading up to the casino:
PCI began studying the Hickory Ground property alongside archaeologists from Auburn University to gather information about the cultural artifacts buried at Hickory Ground. When potential ancestral remains were discovered, the archeologist’s work stopped and their discoveries were stored for several years.
The City of Wetumpka, the Alabama Preservation Alliance, and an individual member of the Creek Nation filed suit alleging that the then-planned excavation and clearing of the site would violate the Native American Graves Protection and Repatriation Act (NAGPRA), the Archaeological Resources Protection Act of 1979 (ARPA), and the National Historic Preservation Act of 1966 (NHPA).
Poarch began discussions with Muscogee about planned development of the Wetumpka property. Excavation at the Hickory Ground site began later in the year.
Negotiations between MCN and PCI ultimately failed.
The excavation at the Hickory Ground site is completed.
PCI notified MCN about planned reburials. PCI reinterred ancestral remains according to Creek tradition and federal law. Some fragmented remains found within the square grounds, part of the ceremonial ground, were never removed. This ceremonial ground remains protected, preserved, and memorialized to this day.
Poarch Creek Indians announce plans to develop Wind Creek Wetumpka at the Hickory Ground site away from the ceremonial grounds.
Court actions and legal dispute:
MCN filed a lawsuit seeking to prevent further development on PCI’s sovereign land and have the Hickory Ground site taken out of trust for PCI.
Wind Creek Wetumpka opened. The district court stayed the case pending settlement negotiations.
Poarch Creek Indians Tribal Chair & CEO Stephanie A. Bryan wrote a letter to Muscogee’s Tribal Leader in a continued effort to deal with the Hickory Ground dispute in a cordial, productive manner. Chair Bryan shared concerns about the threats and harassment that Poarch Tribal Citizens faced from members of Muscogee (Creek) Nation and reiterated that it is, “a dangerous road for all of Indian country to take when one sovereign seeks to enforce its will on the trust lands of another.”
A letter sent from Poarch Creek Indians Tribal Chair & CEO Stephanie A. Bryan to the National Congress of American Indians detailed one incident of the intimidation, threats, and harassment that Poarch’s tribal leadership faced at national gatherings in Indian country.
MCN filed a second amended complaint after the case had been stayed pending unsuccessful settlement negotiations.
U.S. District Judge Myron Thompson of the Middle District of Alabama dismissed the case, ruling that PCI Tribal defendants have sovereign immunity.
MCN asked 11th Circuit U.S. Court of Appeals to reinstate the lawsuit against PCI.
In MCN v. PCI (2024), the Court of Appeals vacated the district court’s order of dismissal and remanded for further proceedings. The court ruled that the district court erred by failing to analyze Poarch Officials’ sovereign immunity claim by claim. Despite claiming victory, MCN had yet to win any decisions in court despite repeated attempts dating back over a decade.
PCI filed a comprehensive motion to dismiss the fourth iteration of the lawsuit over the Hickory Ground reservation property.