from the Principal Chief, and in consequence of by law. appropriations made 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. ARTICLE V. 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. Sec. 2. The judges of the Supreme and Circuit Court 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. 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 perrequisites of office, nor hold any other office of profit or trust under the government of this Nation, or any other power. Sec. 4. No person shall be appointed a judge of any of the courts until he shal have attained the age of thirty years. Sec. 5. The judges of the Supreme and Circuit Courts shall be elected by the National Council, and there shall be appointed in each district as many justices of the peace as it may be deemed expedient for the public good, whose power, duties, and duration in office shall be clearly designated by law. Sec. 6. The judges of the complete criminal jurisdiction in be pointed out by law. Supreme and Circuit Courts shall have such cases, and in such manner as may 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 of the judges of the Supreme Court shall be interested in the issue of any cause, 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. Sec. 8. All writs and other processes shall run "In the name of the Cherokee Nation," and bear test and be signed by the respective clerks. Sec. 9. Indictments shall conclude, "Against the peace and dignity of the Cherokee Nation." Sec. 10. The Supreme Court, shall, after the present year, hold its session annually at the seat of government, to be convened on the first Monday of October in each year. Sec. 11. In all criminal prosecutions the accussed 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 prosecution by indictment or inclination, a speedy public trial, by an impartial jury of the vicinage; nor shall the accused be compelled to give evidence against himself. Sec. 12. The people shall be secure in their persons, houses, papers, and possessions from unreasonable seizures and searches, and no warrant to search an 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. Sec. 13. All persons shall be bailable by sufficient securities unless for capital offenses, where the proof is evident or presumption great. ARTICLE VI. Section 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 of this Nation. Sec. 2. The free exercise of religious worship, and serving God without distinction, shall forever be enjoyed within the limits of this Nation; Provided, That this liberty of conscience shall not be construed as to excuse acts of lawlessness, or justify practices inconsistent with the peace and safety of this Nation. 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 recommend, and, by advice and consent of the National Committee, 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. 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. 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. 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; procided, that nothing in this clause shall be so construed as to impair the right and power of the National Council to lay and collect taxes. Sec. 7. The right of trial by jury shall remai ninviolate and every person, for injury sustained in person, property, or reputation, shall have remedy by due course of law. Sec. 8. The appointment of all officers, not otherwise directed by this Constitution, shall be vested in the National Council. Sec. 9. Religion, morality 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. 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 sesssion of the National Council, after such a general election, twothirds of each branch shall, by ayes and noes, ratify such proposed amendment, 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. Done in convention at Tahlequah, Cherokee Nation, this sixth day of September, 1839. Hair Conrad, his X mark. Archibald Campboll, his X mark. GEORGE LOWREY, President of the National Convention. Jesse Russell John Fletcher Boot, his X mark PROCLAMATION AND AMENDMENTS TO THE CONSTITUTION. Adopted November 26, 1866. PROCLAMATION BY THE PRINCIPAL CHIEF. Whereas, The National Council adopted certain amendments to the Constitution of the Cherokee Nation and submitted same to a general convention of the people of the Cherokee Nation, called at Tahlequah, on the 26th day of November, A. D., 1866, and which said amendments, with the preamble thereto attached, were in the following words, to wit: Whereas, By the treaty executed at Washington, on the 19th day of July, A. D., 1866, between the United States and the Cherokee Nation, through its delegation, ratified by the Senate and officially promulgated by the President of the United States, August 11, 1866, certain things were agreed to between the parties to said treaty, involving changes in the Constitution of the Cherokee Nation, which changes cannot be accomplished by the usual mode; and Whereas, It is the desire of the people and government of the Cherokee Nation to carry out in good faith all of its obligations, to the end that law and order be preserved and the institutions of their government maintained; therefore, Be it Resolved by the National Council, That the following Amendments to the Constitution of the Cherokee Nation be submitted to a convention of the Cherokee people, to assemble at Tahlequah, on the twentysixth (26) day of November, A. D., 1866, under the proclamation of the Principal Chief; and should said amendments hereunto annexed, be ratified by said Convention, then they shall be officially published, and declared by the Principal Chief to be, and shall constitute a part, or parts of the Constitution of the Cherokee Nation. AMENDMENT ΤΟ ARTICLE I. Section 1. The boundary of the Cherokee Nation shall be that described in the treaty of 1833, between the United State and the Western |