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Constitution
of the Cherokee Nation |
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The
Eastern and Western Cherokees having again re-united, and become one
body politic, under the style and title of the Cherokee Nation:
Therefore,
We, the people of the Cherokee Nation, in
National Convention assembled, in order to establish justice, insure
tranquility, promote the common welfare, and secure to ourselves and our
posterity the blessings of freedom acknowledging, with humility and
gratitude, the goodness of the Sovereign Ruler of the Universe in
permitting us so to do, and imploring His aid and guidance in its
accomplishment--do ordain and establish this Constitution for the
government of the Cherokee Nation. |
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Article
I. |
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Sec.
1. The boundary of the Cherokee Nation shall be that described in the
treaty of 1833 between the United States and Western Cherokees, subject
to such extension as may be made in the adjustment of the unfinished
business with the United States. |
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Sec.
2. The lands of the Cherokee Nation shall remain common property; but
the improvements made thereon, and in the possession of the citizens
respectively who made, or may rightfully be in possession of them:
Provided, that the citizens of the Nation possessing exclusive and
indefeasible right to their improvements, as expressed in this article,
shall possess no right or power to dispose of their improvements, in any
manner whatever, to the United States, individual States, or to
individual citizens thereof; and that, whenever any citizen shall remove
with his effects out of the limits of this Nation, and become a citizen
of any other government, all his rights and privileges as a citizen of
this Nation shall cease: Provided, nevertheless, That the National
Council shall have power to re-admit, by law, to all the rights of
citizenship, any such person or persons who may, at any time, desire to
return to the Nation, on memorializing the National Council for such
readmission. |
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Article
II. |
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Sec.
1. The power of the Government shall be divided into three distinct
departments---the Legislative, the Executive, and the Judicial. |
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Sec.
2. No person or persons belonging to one of these departments shall
exercise any of the powers properly belonging to either of the others,
except in the cases hereinafter expressly directed or permitted. |
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Article
III. |
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Sec. 1.
The Legislative power shall be vested in two distinct branches--a
National Committee, and Council; and the style of their acts shall
be--Be it enacted by the National Council. |
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Sec.
2. The National Council shall make provisions, by law, for laying off
the Cherokee Nation into eight districts; and if subsequently it should
be deemed expedient, one or two may be added thereto. |
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Sec.
3. The National Committee shall consist of two members from each
district, and the Council shall consist of three members from each
District, to be chosen by the qualified electors in their respective
Districts for two years; the elections to be held in the respective
Districts every two years, at such times and place as may be directed by
law. The National Council shall, after the present year, be held
annually, to be convened on the first Monday in October, at such place
as may be designated by the National Council, or, in case of emergency,
the Principal Chief. |
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Sec.
4. Before the Districts shall be laid off, any election which may take
place shall be by a general vote of the electors throughout the Nation
for all offices to be elected. The first election for all three officers
of the Government--Chiefs, Executive Council, members of the National
Council, Judges and Sheriffs--shall be held at Tahlequah before the
rising of this Convention; and the term of service of all officers
elected previous to the first Monday in October 1839, shall be extended
to embrace, in addition to the regular constitutional term, the time
intervening from their election to the first Monday in October, 1839. |
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Sec.
5. No person shall be eligible to a seat in the National Council but a
free Cherokee Male citizen who shall have attained the age of
twenty-five years. The descendants of Cherokee men by free women except
the African race, whose parents may have been living together as man and
wife, according to the customs and laws of this Nation, shall be
entitled to all the rights and privileges of this Nation, as well as the
posterity of Cherokee women by all free men. No person who is Negro and
mulatto parentage, either by the father or mother's side, shall be
eligible to hold any office of profit, honor or trust under this
Government. |
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Sec.
6. The electors and members of the National Council shall in all cases,
except those of treason, felony, or breach of the peace, be privileged
from arrest during their attendance at elections, and at the National
Council, in going to and returning. |
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Sec.
7. In all elections by the people, the electors shall vote viva voca.
All free males citizens, who shall have attained to the age of eighteen
[18] years shall be equally entitled to vote at all public elections. |
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Sec.
8. Each branch of the National Council, when assembled, shall judge of
the qualifications and returns of its own members; and determine the
rules of its proceedings; punish a member for disorderly behavior, and
with the concurrence of two thirds, expel a member; but not a second
time for the same offense. |
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Sec.
9. Each branch of the National Council, when assembled, shall choose its
own officers; a majority of each shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and compel
the attendance of absent members in such manner and under such penalty
as each branch may prescribe. |
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Sec.
10. The members of the National Council, shall each receive from the
public Treasury a compensation for their services which shall be three
dollars per day during their attendance at the National Council; and the
members of the Council shall each receive three dollars per day for
their services during their attendance at the National Council, provided
that the same may be increased or diminished by law, but no alteration
shall take effect during the period of service of the members of the
National Council by whom such alteration may have been made. |
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Sec.
11. The National Council shall regulate by law by whom and in what
manner, writs of elections shall be issued to fill the vacancies , which
may happen in either branch thereof. |
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Sec.
12. Each member of the National Council, before he takes his seat, shall
take the following oath, or affirmation: I, A.B. do solemnly swear (or
affirm, as the case may be,) that I have not obtained my election by
bribing, treats, or any undue and unlawful means used by myself or
others by my desire or approbation for that purpose; that I consider
myself constitutionally qualified as a member of ____, and that on all
questions and measures which may come before me I will so give my vote
and so conduct myself as in my judgment shall appear most conducive to
the interest and prosperity of this Nation, and I will bear true faith
and allegiance to the same, and to the utmost of my ability and power
observe, conform to, support and defend the Constitution thereof. |
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Sec.
13. No person who may be convicted of felony shall be eligible to any
office or appointment of honor, profit, or trust within this Nation. |
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Sec.
14. The National Council shall have the power to make laws and
regulations which they shall deemed necessary and proper for the good of
the Nation, which shall not be contrary to this Constitution. |
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Sec.
15. It shall be the duty of the National Council to pass laws as may be
necessary and proper to decide differences by arbitration, to be
appointed by the parties, who may choose that summary mode of
adjustment. |
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Sec.
16. No power of suspending the laws of this Nation shall be exercised,
unless by the National Council or its authority. |
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Sec.
17. No retrospective law, nor any law impairing the obligation of
contracts, shall be passed. |
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Sec.
18. The National Council shall have the power to make laws for laying
and collecting taxes, for the purpose of raising revenue. |
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Sec.
19. All bills making appropriations shall originate in the National
Committee, but the Council may propose amendments or reject the same;
all other bills may originate in either branch, subject to the
concurrence or rejection of the other. |
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Sec.
20. All acknowledged treaties shall be the supreme laws of the land, and
the National Council shall have the sole power of deciding on the
construction of all treaty stipulations.
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Sec.
21. The Council shall have the sole power of impeachment. All
impeachments shall be tried by the National Committee. When setting for
that purpose the member shall be upon oath or affirmation; and no person
shall be convicted without the concurrence of two-thirds of the members
present. |
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Sec.
22. The Principal Chief, assistant Principal Chief, and all civil
officers shall be liable to impeachment for misdemeanor in office; but
judgment in such cases shall not be extended further than removal from
office and disqualification to hold office of honor, trust, or profit
under the Government of this Nation. The party, whether convicted or
acquitted, shall nevertheless, be liable to indictment, trial, judgment
and punishment according to law. |
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Article
IV |
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Sec.
1. The Supreme Executive Power of this Nation shall be vested in a
Principal Chief, who shall be styled the Principal Chief of the Cherokee
Nation. The Principal Chief shall hold office for the term of four
years; and shall be elected by the qualified electors on the same day
and at the places where they shall respectively vote for members of the
National Council. The returns of the election for Principal Chief shall
be sealed up and directed to the President of the National Committee,
who shall open and publish them in the presence of the National Council
assembled. The person having the highest number of votes shall be
Principal Chief; but if two or more shall be equal and highest in votes,
one of them shall be chosen by joint vote of both branches of the
Council. The manner of determining contested elections shall be directed
by law. |
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Sec.
2. No person except a natural born citizen shall be eligible to the
office of Principal Chief; neither shall any person be eligible to that
office that shall not have attained the age of thirty-five years. |
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Sec.
3. There shall also be chosen at the same time by the qualified electors
in the same manner for four years, an assistant Principal Chief, who
shall have attained to the age of thirty-five years. |
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Sec.
4. In case of the removal of the Principal Chief from office, or of his
death or resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the assistant Principal Chief
until the disability be removed or a Principal Chief shall be elected. |
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Sec.
5. The National Council may by law provide for the case of removal,
death, resignation, or disability of both the Principal Chief and
assistant Principal Chief, declaring what officer shall then act as
Principal Chief until the disability be removed or a Principal Chief
shall be elected. |
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Sec.
6. The Principal Chief and assistant Principal Chief shall, at stated
times, receive for their services a compensation which shall neither be
increased nor diminished during the period for which they shall have
been elected; and they shall not receive within that period any other
emolument from the Cherokee Nation or any other Government. |
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Sec.
7. Before the Principal Chief enters on the execution of his office, he
shall take the following oath or affirmation: "I do solemnly swear, or
affirm, that I will faithfully execute the duties of Principal Chief of
the Cherokee Nation, and will, to the best of my ability, preserve,
protect, and defend the Constitution of the Cherokee Nation." |
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Sec.
8. He may, on extraordinary occasions, convene the National Council at
the seat of government. |
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Sec.
9. He shall from time to time, give to the National Council information
of the state of government, and recommend to their consideration such
measures, as he may deem expedient. |
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Sec.
10. He shall take care that the laws be faithfully executed. |
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Sec.
11. It shall be his duty to visit the different districts at least once
in two years, to inform himself of the general condition of the country. |
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Sec.
12. The assistant Principal Chief shall, by virtue of his office, aid
and advise the Principal Chief in the administration of the government
at all times during his continuance in office. |
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Sec.
13. Vacancies that may occur in offices, the appointment of which is
vested in the National Council, shall be filled by the Principal Chief
during the recess of the National Council by granting commissions, which
shall expire at the end of the next session thereof. |
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Sec.
14. Every bill which shall pass both branches of the National Council
shall, before it becomes a law, be presented to the Principal Chief; if
he approves, he shall sign it; but if not, he shall return it, with his
objections to that branch in which it may have originated, who shall
enter the objections at large on their journals and proceed to
reconsider it; if, after such reconsideration, two-thirds of that branch
shall agree to pass the bill, it shall be sent, together with the
objections, to the other branch, by which it shall likewise be
reconsidered, and, if approved by two-thirds of that branch, it shall
become law. If any bill shall not be returned by the Principal Chief
within five days (Sundays excepted), after the same has been presented
to him, it shall become a law in like manner as if he had signed it,
unless the National Council, by their adjournment, prevent its return,
in which case it shall be a law, unless sent back within three days
after their next meeting. |
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Sec.
15. Members of the National Council, and all officers, executive and
judicial, shall be bound by oath to support the Constitution of this
Nation, and to perform the duties of their respective offices with
fidelity. |
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Sec.
16. In case of disagreement between the two branches of the National
Council with respect to the time of adjournment, the Principal Chief
shall have power to adjourn the same to such time as he may deem proper;
provided, it be not a period beyond the next constitutional meeting
thereof. |
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Sec.
17. The Principal Chief shall, during the session of the National
Council, attend at the seat of government. |
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Sec.
18. There shall be a council composed of five persons, to be appointed
by the National Council, whom the Principal Chief shall have full power
at his discretion to assemble; he, together with the Assistant Principal
Chief and the counselors, or a majority of them, may, from time to time,
hold and keep a council for ordering and directing the affairs of the
Nation according to law; provided, the National Council shall have power
to reduce the number, if deemed expedient, after the first term of
service, to a number not less than three. |
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Sec.
19. The members or the executive council shall be chosen for the term of
two years. |
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Sec.
20. The resolutions and advice of the council shall be recorded in a
register, and signed by the members agreeing thereto, which may be
called for by either branch of the National Council; and any counselor
may enter his dissent to the majority. |
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Sec.
21. The Treasurer shall, before, entering on the duties of his office,
give bond to the Nation, with sureties, to the satisfaction of the
National Council, for the faithful discharge of his trust. |
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Sec.
22. The Treasurer shall, before entering on the duties of his office,
give bond to the Nation, with sureties, to the satisfaction of the
National Council, for the faithful discharge of his trust. |
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Sec.
23. No money shall be drawn from the Treasury but by warrant from the
Principal Chief, and in consequence of appropriations made by law. |
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Sec.
24. It shall be the duty of the Treasurer to receive all public moneys,
and to make a regular statement and account of the receipts and
expenditures of all public moneys at the annual session of the National
Council. |
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Article
V. |
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Sec.
1. The Judicial Powers shall be vested in a Supreme Court, and such
circuit and inferior courts as the National Council may, from time to
time, ordain and establish. |
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Sec.
2. The judges of the Supreme and Circuit courts shall hold their
commissions for the term of four years, but any of them may be removed
from office on the address of two-thirds of each branch of the National
Council to the Principal Chief for that purpose.
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Sec.
3. The Judges of the Supreme and Circuit Courts shall, at stated times,
receive a compensation which shall not be diminished during their
continuance in office, but they shall receive no fees or perquisites of
office, nor hold any other office of profit or trust under the
government of this Nation, or any other power. |
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Sec.
4. No person shall be appointed a judge of any of the courts until he
shall have attained the age of thirty years. |
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Sec.
5. The Judges of the Supreme and Circuit courts shall be as many
Justices of the Peace as it may be deemed expedient for the public good,
whose powers, duties, and duration in office shall be clearly designated
by law. |
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Sec.
6. The Judges of the Supreme Court and of the Circuit Courts shall have
complete criminal jurisdiction in such cases, and in such manner as may
be pointed out by law. |
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Sec.
7. No Judge shall sit on trial of any cause when the parties are
connected [with him] by affinity or consanguinity, except by consent of
the parties. In case all the Judges of the Supreme Courts shall be
interested in the issue of any case, or related to all or either of the
parties, the National Council may provide by law for the selection of a
suitable number of persons of good character and knowledge, for the
determination thereof, and who shall be specially commissioned for the
adjudication of such cases by the Principal Chief. |
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Sec.
8. All writs and other process shall run "In the Name of the Cherokee
Nation," and bear test and be signed by the respective clerks. |
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Sec.
9. Indictments shall conclude---"Against the Peace and Dignity of the
Cherokee Nation." |
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Sec.
10. The Supreme Court shall, after the present year, hold its session
annually at the seat of government, to convened on the first Monday of
October in each year. |
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Sec.
11. In all criminal prosecutions the accused shall have the right of
being heard; of demanding the nature and cause of the accusation; of
meeting the witnesses face to face; of having compulsory process for
obtaining witnesses in his or their favor; and in prosecutions by
indictment or information, a speedy public trial, by an impartial jury
of the vicinage; nor shall the accused be compelled to give evidence
against himself. |
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Sec.
12. The people shall be secure in their persons, houses, papers, and
possessions from unreasonable seizures and searches, and no warrant to
search any place, or to seize any person or thing, shall issue, without
describing them as nearly as may be, nor without good cause, supported
by oath or affirmation. |
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Sec.
13. All persons shall be bailable by sufficient securities, unless for
capital offenses, where the proof is evident or presumption great. |
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Article
VI |
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Sec.
1. No person who denies the being of a God or future state of reward and
punishment shall hold any office in the civil department in this Nation. |
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Sec.
2. The free exercise of religious worship, and serving God without
distinction, shall forever be enjoyed within the the limits of this
Nation; provided, that this liberty of conscience shall not be so
construed as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this Nation. |
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Sec.
3. When the National Council shall determine the expediency of
appointing delegates, or other public agents, for the purpose of
transacting business with the government of the United States, the
Principal Chief shall appoint and commission such delegates or public
agents accordingly. On all matters of interest, touching the rights of
the citizens of this Nation, which may require the attention of the
United States government, the Principal Chief shall keep up a friendly
correspondence with that government through the medium of its proper
officers. |
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Sec.
4. All commissions shall be "In the name and by the Authority of the
Cherokee Nation," and be sealed with the seal of the Nation, and signed
by the Principal Chief. The Principal Chief shall make use of his
private seal until a National seal shall be provided. |
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Sec.
5. A sheriff shall be elected in each district by the qualified electors
thereof, who shall hold his office two years, unless sooner removed.
Should a vacancy occur subsequent to an election, it shall be filled by
the Principal Chief, as in other cases, and the person so appointed
shall continue in office until the next regular election? |
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Sec.
6. No person shall, for the same offense, be twice put in jeopardy of
life or limb; nor shall the property of any person be taken and applied
to public use without a just and fair compensation; provided, that
nothing in this clause shall be construed as to impair the right and
power of the National Council to lay and collect taxes.
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Sec.
7. The right of trial by jury shall remain inviolate, and every person,
for injury sustained in person, property, or reputation, shall have
remedy by due process of law. |
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Sec.
8. The appointment of all officers, not otherwise directed by this
Constitution, shall be vested in the National Council. |
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Sec.
9. Religion, mortality and knowledge being necessary to good government,
the preservation of liberty, and the happiness of mankind, schools and
the means of education shall forever be encouraged in this Nation. |
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Sec.
10. The National Council may propose such amendments to this
Constitution as two-thirds of each branch may deem expedient, and the
Principal Chief shall issue a proclamation, directing all civil officers
of the several districts to promulgate the same as extensively as
possible within their respective districts at least six months previous
to the next general election. And if, at the first session of the
National Council, after such general election, two-thirds of each branch
shall, by ayes and noes, ratify such proposed amendments, they shall be
valid to all intent and purposes, as parts of this Constitution;
provided that such proposed amendments shall be read on three several
days in each branch, as well when the same are proposed, as when they
are ratified. |
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Done
in convention at Tahlequah, Cherokee Nation, this sixth day of
September, 1839, George Lowrey, President of the National Convention |
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(Courtesy
Tiger Lilli Sakima) |
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