The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
The executive power of the nation was confided to a principal chief,
elected by the general council for a term of four years, and none
but native born citizens were eligible to the office. The chief was
required to visit each district of the nation at least once in two
years, to keep himself familiarized with the condition and necessities
of the country. His approval was also required to all laws, and, as
in the case of our own Government, the exercise of the veto power
could be overcome only by a two-thirds majority in both houses of the
national legislature. An executive council of three members besides the
assistant principal chief was also to be elected by the joint vote of
the two houses for the period of one year.
The judicial functions were vested in a supreme court of three judges
and such circuit and inferior courts as the general council should from
time to time prescribe, such judges to be elected by joint vote of the
general council.
Ministers of the gospel who by their profession were dedicated to the
service of God and the care of souls, and who ought not therefore to
be diverted from the great duty of their function, were, while engaged
in such work, declared ineligible to the office of principal chief or
to a seat in either house of the general council. Any person denying
the existence of a God or a future state of rewards and punishments
was declared ineligible to hold any office in the civil department
of the nation, and it was also set forth that (religion, morality,
and knowledge being necessary to good government, the preservation
of liberty, and the happiness of mankind) schools and the means of
education should forever be encouraged in the nation.
Under this constitution elections were regularly held and the
functions of government administered until the year 1830, when the
hostile legislation of Georgia practically paralyzed and suspended its
further operation. Although forbidden to hold any more elections, the
Cherokees maintained a semblance of their republican form of government
by tacitly permitting their last elected officers to hold over and
recognizing the authority and validity of their official actions. This
embarrassing condition of affairs continued until their removal west of
the Mississippi River, when, on the 6th of September, 1839, they, in
conjunction with the "Old Settlers," adopted a new constitution, which
in substance was a duplicate of its predecessor.
Public-domain text, read in full here on John Shaqi.
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