EDITED BY ELIAS BOUDINOTT
PRINTED WEEKLY BY
ISAAC H. HARRIS,
For The Cherokee Nation
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CONSTITUTION OF THE CHEROKEE NATION
Formed by a Convention of Delegates from the several Districts, at New Echota, July 1827.
WE THE REPRESENTATIVES of the people of the CHEROKEE NATION in Convention assembled, in order to establish justice, ensure tranquility, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with humility and gratitude the goodness of the sovereign Ruler of the Universe, in offering as an opportunity so favorable to the design, and imploring his aid and direction in its accomplishment, do ordain and establish this Constitution for the Government of the Cherokee Nation.
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ARTICLE I
Sec. 1. THE BOUNDARIES of this nation, embracing the lands solemnly guarantied and reserved forever to the Cherokee Nation by the Treaties concluded with the United States, are as follows; and shall forever hereafter remain unalterably the same-to wit- Beginning on the North Bank of Tennessee River at the upper part of the Chickasaw old fields; thence along the main channel of said river, including all the islands therein, to the mouth of the Hiwassee River, thence up the |
main channel of said river, including islands, to the first hill which closes in on said river, about two miles above Hiwassee Old Town; thence along the ridge which divides the waters of the Hiwassee and Little Tellico, to the Tennessee River at Tallasasei, thence along the main channel, including islands, to the junction of the Cowee and Nanteyalee; thence along the ridge in the fork of said river, to the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy Turnpike road; thence by a straight line to the main source of the Chestatee; thence along its main channel, including islands, to the Chattahoochy; and thence down the same to the Creek boundary at Buzzard Roost; thence along the boundary line which separates this and the Creek Nation, to a point on the Coosa River opposite the mouth of Will's Creek; thence down along the south bank of the same to a point opposite to Fort Strother; thence up the river to the mouth of Will's Creek; thence up along the east bank of said creek to the west branch thereof, and up the same to its source; and thence along the ridge which separates the Tombechee and Tennessee waters, to a point on the top of said ridge; thence due north to Camp Coffee on Tennessee River, which is opposite the Chickasaw Island; thence to the place of beginning.
Sec. 2. The Sovereignty and Jurisdiction of this Government shall extend over the country within the boundaries above described, and the lands therein are, and shall remain the common property of the Nation; but the improvements made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasible |
property 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 respective improvements, as expressed in this article, shall possess no right nor power to dispose of their improvements in any manner whatever to the United States, individual states, nor to individual citizens hereof; and that, whenever any such citizen or citizens shall remove with their effects out of the limits of this Nation, and become citizens of any other government, all their rights and privileges as citizens of this nation shall cease; Provided nevertheless, That the Legislature 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 their memorializing the General Council for such readmission. Moreover, the Legislature shall have power to adopt such laws and regulations, as its wisdom may deem expedient and proper, to prevent the citizens from monopolizing improvements with the view of speculation.
ARTICLE II
Sec. 1. The Power of this Government, shall be divided into three distinct departments; the Legislative, the Executive, and the Judicial.
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.
ARTICLE III
Sec. 1. THE LEGISLATIVE POWER shall be vested in two distinct branches; a Committee, and a Council; each to have a negative on the other, and both to be styled, the General Council of the Cherokee Nation; and the style of their acts and laws shall be,
"RESOLVED by the Committee and Council in General Council convened."
Sec. 2. The Cherokee Nation, as laid off into eight Districts, shall so remain.
Sec. 3. The 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 of their respective Districts for two years; and the elections to be held in every District on the first Monday in August for the year 1828, and every succeeding two years thereafter; and the General Council shall be held once a year, to be convened on the second Monday of October in each year, at New Echota. |