The Easterrn and Western Cherokees having again reunited 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 to secure ourselves and our posterity the blessing of freedom-acknowledging with humility and gratitude the goodness of the Sovereign Ruler of the Universe in permitting us to do so, and imploring His aid and guidance in its accomplishment-do ordain and establish this Constitution for the Government of the Cherokee Nation.

ARTICLE I.

Section 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.

Section 2. The lands of the Cherokee Nation shall remain common property; 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 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 citizens shall remove with his effects out of the limits of this Nation, and become a citizen of an other

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government, all the rights and privilege as a citizen of this Nation shall cease; provided, nevertheless, that the National Council shall have power to readmit, 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.

Moreover, the National Council shall have power to adopt such laws and regulations, as its wisdom may deem expedient and proper, to prevent citizens from monopolizing improvements, with the view of speculation.

ARTICLE II.

Section 1. The power of this government shall be divided into three distinct departments-the Legislative, the Executive, and the Judicial. Section 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.

Section 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 in the National Council.

Section 2. The National Council shall make provision, 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.

Section 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 places 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 places as may be designated by the National Council, or, in case of emergency, by the Principal Chief.

Section 4. Before the districts shahll be laid off, any election which may take place, shall be by general vote of the electors throughout the Nation for all officers to be elected.

The first election of all the officers of the government-Chiefs, Executive Council, Members of the National Council, Judges and Sheriffsshall be held at Tahlequah, before arriving of this Convention; and the term of services 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.

Section 5. No person shall be eligible to a seat in the National Council but a free Cherokee male citizen, who shall have attained to the age of 25 years.

The descendants of Cherokee men by all free women, except the African race, whose parents who 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 of negro or mulatto parentage, either by the father's or mother's side, shall be eligible to hold any office of profit, honor or trust under this government.

Section 6. The electors and members of the National Council shall in all cases, except treason, felony or breach of peace, be privileged from arrest during their attendance at elections and at the National Council, in going to and returning.

voce.

Section 7. In all elections by the people the electors shall vote viva

All free male citizens, who shall have attained to the age of 18 years, shall be equally entitled to vote at all public elections.

Section 8. Each branch of the National Council shall judge of the qualifications and returns of its 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.

Section 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.

Section 10. The members of the National Committee shall each receive from the Public Treasurer a compensation for the 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.

Section 11. The National Council shall regulate by law, by whom and in all manner writs of elections shall be issued to fill the vacancies which may happen in either branch thereof.

Section 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 bribery, threats, or any undue or unlawful means, used by myself or others, by my desire and approbation for that purpose; that I consider myself constitution ally 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 that 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.

Section 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.

Section 14. The National Council shall have power to make all laws and regulations which they shall deem necessary and proper for the good of the Nation, which shall not be contrary to the Constitution.

Section 15. It shall be the duty of the National Council to pass such 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.

Section 16. No power of sustaining the laws of this Nation shall be exercised unless by the National Council or its authority.

Section 17. No retrospective law, nor any law impairing the obligation or contracts, shall be passed.

Section 18. The National Council shall have power to make laws for laying and collecting taxes for the purpose of raising a revenue.

Section 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, sumject to the concurrence or rejection of the other.

Section 20. All acknowledged treaties shall be the supreme law of the

land, and the National Council shall have the sole power of deciding on the construction of all treaty stipulations.

Section 21. The Council shall have the sole power of impeachment. All impeachments shall be tried by the National Committee. When sitting 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.

Section 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 extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the government of this Nation.

The party, whether convicted or acquitted, shall nevertheless, be able to an indictment, trial, judgment, and punishment according to law.

ARTICLE IV.

Section 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 his 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 to the National Counci..

The terms of the election for Principal Chiefs 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, ont 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.

Section 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 who shall not have attained the age of thirty-five years.

Section 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.

Section 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 said office, the same shall evolve on the Assistant Principal Chief, until the disability be removed, or the vacancy filled by the National Council.

Section 5. The National Council may, by law, provide for the case of removal, death, resignation, or disability of both the Principal and Assistant Principal Chiefs, declaring what officer shall then act as Principal Chief until the disability be removed, or a Principal Chief shall be elected.

Section 6. The Principal and Assistant Principal Chief shall, at stated times, receive for their services a compensation which shall neither be increased or 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.

Section 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 this Constitution of the Cherokee Nation.

Section 8. He may, on extraordinary occasions, convene the National Council at the seat of government.

Section 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.

Sec. 10. He shall take care that the laws be faithfully executed.

Sec. 11. once in two

country.

It shall be his duty to visit the different districts at least
years,
to inform himself of the general condition of the

Sec. 12. The Assistant 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.

Sec. 13. Vacancies that may occcur 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.

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 from, 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 a law. If any bills 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.

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. Sec. 16. In case of disagreements 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.

Sec. 17. The Principal Chief shall, during the session of the National Council, attend at the seat of government.

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 Councillors, 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.

Sc. 19. The members of the Executive Council shall be chosen for a term of two years.

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 Councillor may enter his dissent to the majority.

Sec. 21. The Treasurer of the Cherokee Nation shall be chosen by joint vote by both branches of the National Council for a term of four years. Sec. 22. The Treasurer, shall, before entering upon 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.

Sec. 23. No money shall be drawn from the treasury but by warrant