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The elected delegates met and formed the following constitution:
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 us 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.
Article 1. - Sec. 1. - The boundaries of this Nation, embracing the lands solemnly
guaranteed 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 field, 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 Tillico, to the Tennessee River at Tallassee,
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 Wills Creek, thence down along the south bank of the same to a
point opposite Fort Strother, thence up the river to the mouth of Wills 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 Tombeccee
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 ex-tend
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 individual
citizens thereof; 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 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.
Sec. 4 - No person shall be eligible to a seat in the General Council, but
a free Cherokee male citizen, who shall have attained the age of twenty-five
years. The descendants of Cherokee men by all 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 of negro or mulatto parentage, either by the
father or mother side, shall be eligible to hold any office of profit, honor
or trust under this Government.
Sec. 5- The electors and members of the General Council shall, in ail cases
except those of treason, felony, or breach of the peace, be privileged from
arrest during their attendance at election, and at the General Council, and
m going to, and returning from the same.
Sec. 6- In all elections by the people, the electors shall vote viva voce.
Electors for members to the General Council for 1828, shall be held at the places
of holding; the several courts, and at the other two precincts in each District
which are designated by the law under which the members of this Convention were
elected; and the District Judges shall superintend the elections within the
precincts of their respective Court Houses, and the Marshals and Sheriffs shall
superintend within the precincts which may be assigned them by the Circuit Judges
of their respective Districts, together with one other person who shall be appointed
by the Circuit Judges for each precinct within their respective Districts; and
the Circuit Judges shall also appoint a clerk to each precinct. - The superintendents
and clerks shall, on the Wednesday morning-succeeding the election, assemble
at their respective Court Houses and proceed to examine and ascertain the true
state of the polls, and shall issue to each member, duly elected, a certificate,
and also make an official return of the state of the polls of election to the
Principal Chief, and it shall be the duty of the Sheriffs to deliver the same
to the Executive; Provided nevertheless, The General Council shall have power
after the election of 1828, to regulate by law the precincts and superintendents
and clerks of elections in the several Districts.
Sec. 7. - All free male citizens, (excepting negroes and descendants of white
and Indian men by negro women who may have been set free,) who shall have attained
to the age of eighteen years, shall be equally entitled to vote at all public
elections.
Sec. 8. - Each house of the General Council shall judge of the qualifications
and returns of its own members.
Sec. 9 - Each house of the General Council may 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 cause.
Sec. 10 - Each house of the General Council, when assembled shall choose its
own officers; a majority of each house 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 house may prescribe.
Sec. 11. - The members of the Committee shall each receive from the public
Treasury a compensation for their services which shall be two dollars and fifty
cents per day during their attendance at the General Council; and the members
of the Council shall each receive two dollars per day for their services during
their attendance at the General Council: - Provided, that the same may be increased
or diminished by law, but no alteration shall make effect during the period
of service of the members of the General Council, by whom such alteration shall
have been made.
Sec. 12. - The General Council shall regulate by law, by whom and in what manner,
writs of elections shall be issued to till the vacancies which may happen in
either branch thereof.
Sec. 13. - Each member of the General Council before he takes his seat shall
take the following oath or affirmation, to-wit:
"I. A. B., do solemnly swear, (or affirm, as the case may be,) that I
have not obtained my election by bribery, 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 may in my judgment, appear most conducive to the interest
and prosperity of this Nation; and that 1 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."
Sec. 14. - No person who may be convicted of felony before any court of this
Nation, shall be eligible to any office or appointment of honor, profit or trust
within this Nation.
Sec. 15. - The General 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 this Constitution.
Sec. 16. - It shall be the duty of the General Council to pass such laws as
may be necessary and proper, to decide differences by arbitrators to be appointed
by the parties, who may choose that summary mode of adjustment.
Sec. 17. - No power of suspending the laws of this Nation shall be exercised,
unless by the Legislature or its authority.
Sec. 18. - No retrospective law, nor any law, impairing the obligations of
contracts shall be passed.
Sec. 19. - The legislature shall have power to make laws for laying and collecting
taxes, for the purpose of raising a revenue.
Sec. 20. - All bills making appropriations shall originate in the Committee,
hut the Council may propose amendments or reject the same.
Sec. 21. - All other bills may originate in either house, subject to the concurrence
of rejection of the other.
Sec. 22. - All acknowledged Treaties shall be the Supreme law of the land.
Sec. 23. - The Genera! Council shall have the sole power of deciding on the
construction of all Treaty stipulations.
Sec. 24. - The Council shall have the sole power of impeaching.
Sec. 25. - Any impeachments shall be tried by the Committee; - when sitting
for that purpose, the members shall be upon oath or affirmation; and no person
shall be convicted without the concurrence of two thirds of the members present.
Sec. 26. - The Principal Chief, assistant principal Chief, and all civil officers,
under this Nation, shall be liable to impeachment for any 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 this
Nation. The party whether convicted or acquitted, shall nevertheless, be liable
to indictment, trial, judgment and punishment, according to law.
ARTICLE IV.- Sec. 1. The Supreme Executive Power of this Nation shall be vested
in a Principal Chief, who shall be chosen by the General Council, and shall
hold his office four years; to be elected as follows,- The General Council by
a joint vote, shall, at their second annual session, after the rising of this
Convention, and at every fourth annual session thereafter, on the second day
after the House shall be organized, and competent to proceed to business, elect
a Principal Chief.
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,
who shall not have attained to the age of thirty-five years.
Sec. 3. - There shall also be chosen at the same time, by the General Council,
in the same manner for four years, an assistant Principal Chief.
Sec. 4. - In case of the removal of the Principal Chief from office, or his
death, resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the assistant principal Chief, until the inability
be removed, or "the vacancy filled by the General Council.
Sec. 5. - The General Council may, by law, provide for the case of removal,
death, resignation or inability 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.
Sec. 6. - The Principal Chief, shall, at stated times, receive for their ser-vices,
- 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.
Sec. 7. - Before the Principal Chief enters on the execution of his office,
he shall take the following oath, or affirmation; "1 do solemnly swear
(or affirm) that 1 will faithfully execute the office 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."
Sec. 8. - He may, on extraordinary occasions, convene the General Council at
the Seat of Government.
Sec. 9. - He shall from time to time give to the General Council information
of the State of the Government, and recommend to their consideration such measures
as he may think expedient.
Sec. 10. - He shall take care that the laws be faithfully executed.
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.
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.
Sec. 13. - Vacancies that may happen in offices, the appointment of which is
vested in the General Council, shall be filled by the Principal Chief, during
the recess of the General Council, by granting Commissions which shall expire
at the end of the Session.
Sec. 14. - Every Bill which shall have passed both Houses of the General Council,
shall, before it becomes a law, be presented to the Principal Chief of the Cherokee
Nation. If he approves, he shall sign it, but if not, he shall return it, with
his objections, to that house in which it shall 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 House shall agree to pass the
bill, it shall be sent, together with the objections, to the other house, by
which it shall likewise be reconsidered, and if approved by two thirds of that
house, it shall become a law. If any bill shall not be re-turned by the Principal
Chief within five days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he signed it; unless the
General 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 General 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 disagreement between the two houses with respect to the
time of adjournment, the Principal Chief shall have the power to adjourn the
General Council to such a time as he thinks proper, provided, it be not to a
period beyond the next Constitutional meeting of the same.
Sec. 17. - The Principal Chief shall, during the sitting of the General Council,
attend to the Seat of Government.
Sec. 18. - There shall be a Council to consist of three men to be appointed
by the joint vote of both Houses, to advise the Principal Chief in the Executive
part of the Government, whom the Principal Chief shall have full power, at his
discretion, to assemble; and 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.
Sec. 19. - The members of the Council shall be chosen for the term of one year.
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 house of the General Council; and any counselor may enter his dissent
to the resolution of the majority.
Sec. 21. - The Treasurer of the Cherokee Nation shall be chosen by the joint
vote of both Houses of the General Council for the term of two years.
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 Legislature,
for the faithful discharge of his trust.
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.
Sec. 25.- It shall be the duty of the Treasurer to receive all public monies,
and to make a regular statement and account of the receipts and expenditures
of all public monies at the annual Session of the General Council.
ARTICLE V.- Sec. 1.- The Judicial Powers shall be vested in a Supreme Court,
and such Circuit and Inferior Courts, as the General Council may, from time
to time ordain and establish.
Sec. 2. - The Supreme Court shall consist of three Judges, any two of whom
shall be a quorum.
Sec. 3. - The Judges of each shall hold their Commissions for four years, but
any of them may be removed from office on the address of two thirds of each
house of the General Council to the Principal Chief, for that purpose.
Sec. 4. - 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 any other power.
Sec. 5. - No person shall be appointed a Judge of any of the Courts be-fore
he shall have attained to the age of thirty years, nor shall any person continue
to execute the duties of any of the said offices after he shall have attained
to the age of seventy years.
Sec. 6. - The Judges of the Supreme and Circuit Courts shall be appointed by
a joint vote of both houses of the General Council.
Sc. 7. - There shall be appointed in each District, under the Legislative authority,
as many Justices of the Peace as it may be deemed the public good requires,
whose powers, duties and duration in office, shall be clearly designated.
Sec. 8. - The Judges of the Supreme Court and Circuit Courts shall have complete
criminal Jurisdiction in such cases and in such manner as may be pointed out
by law.
Sec. 9. - Each Court shall choose its own Clerks for the term of four years;
but such Clerks shall not continue in office unless their qualifications shall
be adjudged and approved of by the Judges of the Supreme Court, and they shall
be removable for breach of good behavior at any time, by the Judges of their
respective courts.
Sec. 10. - No Judge shall sit on trial of any cause, where the parties shall
be connected with him by affinity or consanguinity, except by consent of the
parties. In case all the Judges of the Supreme Court shall be interested in
the event of any cause, or related to all, or either of the parties, the Legislature
may provide by law for the selection of three men of good character and knowledge,
for the determination thereof, who shall be especially commissioned by the Principal
Chief for the case.
Sec. 11. - .All writs and other process shall run in the name of the Cherokee
Nation, and bear test, and be signed by the respective clerks.
Sec. 12. - Indictments shall Conclude, ''against the peace and dignity of the
Cherokee Nation."
Sec. 13. - The Supreme Court shall hold its session annually at the seat of
Government to be convened on the second Monday of October in each year.
Sec. 14. - In all criminal prosecutions, the accused shall have the right of
being heard, of demanding the nature and cause of the accusation against him,
of meeting the witnesses face to face, of having compulsory process for obtaining
witnesses in his favor; and in prosecutions by indictment or information, a
speedy public trial by an impartial jury of the vicinage; nor shall he be compelled
to give evidence against himself.
Sec. 15.- The people shall be secure in their persons, houses, papers and possessions,
from unreasonable seizures and searches, and no warrants to search any place
or to seize any person or things, shall be issued without describing them as
nearly as may be, nor without good cause, supported by oath, or affirmation.
All prisoners shall be bailable by sufficient security unless for capital offenses,
where the proof is evident, or presumption great.
ARTICLE VI. - Sec. 1. - Whereas, the ministers of the Gospel are, by their
profession, dedicated to the service of God and the care of souls, and ought
not to be diverted from the great duty of their function, therefore, no minister
of the Gospel, or public preacher of any religious persuasion, whilst he continues
in the exercise of his pastoral functions, shall be eligible to the office of
Principal Chief, or a seat in either house of the General Council.
Sec. 2. - No person who denies the being of a God, or a future state of rewards
and punishment, shall hold any office in the civil department of this Nation.
Sec. 3. - The free exercise of religious worship, and serving God without distinction
shall forever be allowed within this Nation; Provided, That this liberty of
conscience shall not be so constructed as to excuse acts of licentiousness,
or justify practices inconsistent with the peace or safety of this Nation.
Sec. 4. - Whenever the General Council shall determine the expediency of appointing
delegates or other Agents for the purpose of transacting business with the Government
of the United States; the power to recommend, and by the advice and consent
of the Committee, shall appoint and commission such delegates or public agents
accordingly, and all matters of interest touching the rights of the citizens
of this Nation, which may require the attention of the government of the United
States, the Principal Chief shall keep up a friendly correspondence with that
Government, through the medium of its proper officers.
Sec. 5. - 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. 6. - A Sheriff shall be elected in each District by the qualified electors
thereof, who shall hold his office for the term of 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 general election, when such vacancy shall
he filled by the qualified electors, and the Sheriff then elected shall continue
in office for two years.
Sec. 7. - There shall be a Marshal appointed by a joint vote of both houses
of the General Council, for the term of four years, whose compensation and duties
shall be regulated by law, and whose jurisdiction shall extend over the Cherokee
Nation.
Sec. 8. - No person shall for the same offense be twice put in jeopardy of
life or limb, nor shall any person's property be taken or applied to public
use without his consent; Provided, That nothing in this clause shall be so construed
as to impair the right and power of the General Council to lay and collect taxes.
All courts shall be open, and every person for an injury done him in his property,
person or reputation, shall have remedy by due course of law.
Sec. 9 - The right of trial by jury shall remain inviolate.
Sec. 10 - 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. 11 - The appointment of all officers, not otherwise directed by this Constitution
shall be vested in the Legislature.
Sec. 12 - All laws in force in this nation at the passing of this Constitution,
shall so continue until altered or repealed by the Legislature, except where
they are temporary, in which case they shall expire at the times respectively
limited for their duration; if not continued by an act of the Legislature.
Sec. 13 - The General Council may at any time propose such amendments to this
Constitution as two-thirds of each house shall deem expedient; and the Principal
Chief shall issue a proclamation, directing all the civil officers of the several
Districts to promulgate the same as extensively as possible within their respective
Districts, at least nine months previous to the next general election, and if
at the first session of the General Council after such general election, two
thirds of each house shall, by yeas and nays, ratify such proposed amendments
they shall be valid to all intents and purposes, as part of the Constitution;
Provided, That such proposed amendments shall be read on three several days,
in each house as well when the same are proposed as when they are ratified.
Done in Convention at New Echota, this twenty-sixth day of July, in the year
of our Lord, one thousand eight hundred and twenty-seven; In testimony whereof,
we have each of us, hereunto subscribed our names.
JNO. ROSS, Pres't Con.
Jno. Baldrige, Geo. Lowrey, Jno. Brown, Edward Gunter, John Martin, Joseph
Vann, Kelechulee, Lewis Ross, Thomas Foreman, Hair Conrad, James Daniel, John
Duncan, Joseph Vann, Thomas Petitt John Beamer, Ooclenota, Wm. Boling, John
Timson, Situwaukee, Richard Walker,
A. McCOY, Sec'y to Con.
The emigration of Cherokees to Arkansas met with strenuous objections as may
be evidenced by the following acts of council:
"Resolved by the National Committee and Council, That any person or persons,
whatsoever, who shall choose to emigrate to the Arkansas country, and shall
sell the possessions he or they may be in possession of, to any person or persons
whatsoever, he or they, so disposing of their improvements shall forfeit and
pay unto the Cherokee Nation the sum of one hundred and fifty dollars; and be
it further
"Resolved, That any person or persons whatsoever, who shall purchase any
improvements from any person or persons so emigrating, lie or they, so offending
shall also forfeit and pay a fine of one hundred and fifty dollars to the Nation,
to he collected by the marshal of the district. By order or the National Committee.
JONH ROSS, Pres. National Committee.
ALEXANDER McCOY, Clerk National Committee.
Approved: October 27th, 1821.
PATH X KILLER His Mark
Chas. R. Hicks
Resolved by the National Committee and Council, in General Council Convened,
That from and after the passage of this act, if any citizen of the Nation shall
bind themselves by enrollment or otherwise as emigrants to Arkansas, or for
the purpose of removing out of the jurisdictional limits of the Nation, he,
she or they so enrolling or binding themselves, shall forfeit thereby all the
rights and privileges he, she or they may have previously thereto claimed or
enjoyed as citizens of this Nation and shall be viewed in the same light as
others not entitled to citizenship, and treated accordingly.
Be it further resolved, That if any person or persons, citizens of this Nation,
shall sell or dispose of his, her or their improvements to any person or persons
so enrolled or otherwise bound as above mentioned, he, she or they, shall he
viewed as having disposed of his, her or their improvements to a citizen of
the United Slates, and shall be ineligible to hold any office of honor, profit
or trust in this Nation, and upon conviction thereof, before any of the circuit
courts of the several districts, be fined in a sum not less than one thousand
dollars, nor exceeding two thousand dollars, and be punished with one hundred
lashes.
Be it further resolved. In order to prevent any person from screening him,
her or them from the penalties above prescribed by pretending to have sold or
disposed of his, her or their improvements to a lawful citizen and not an emigrant,
all citizens of this Nation who may hereafter buy, sell or dispose of in any
manner their improvements to each other, be, and they are hereby required, the
disposer as well as the purchaser of such improvements, to make affidavit, to
be filed in the clerk's office of the district, before any of the District Judges
of Clerks of the several courts, that he, she or they did not dispose of or
transfer, purchase or obtain any improvement for the purpose of having it valued
by the United States commissioners or agents, or were not acting as agents or
emigrants in making such purchase or transfer, and in case any such person or
persons shall fail to comply with this requirement, such person or persons shall,
upon conviction before any of the Circuit Courts of the Nation, pay a tine of
not less than one dollar, nor exceeding two hundred dollars, for every offense
so committed.
Be it further resolved, That if any citizen or citizens of this Nation shall
dispose of or transfer his, her or their improvements without complying with
the requirements of the third section of this act, and the person or persons
to whom the sale or transfer of such improvements may he made, should thereafter
by enrollment or otherwise become an emigrant or emigrants, and shall get said
improvement or improvements valued by the agents of the General Government,
within thirty days after such purchase or transfer shall have been made, or
at any time whilst the disposer continues to remain in possession of the same,
then, in that case, the person or persons who may have so disposed of or transferred
the improvements as aforesaid shall be subject to the same penalty prescribed
in the second section of this act, for disposing of improvements to emigrants.
Be it further resolved, That any person or persons, whosoever, who have bound
themselves together by enrollment or otherwise as emigrants under the treaty
of 1828, with the Arkansas Cherokees, or who have had, or intend to have their
improvements valued by the agents of the General Government, and do not remove
out of the jurisdictional limits of this Nation within fifteen days after the
passage of this act, they shall be viewed and treat'd as intruders in the same
manner as those who may become emigrants hereafter.
Be it further Resolved, That the Principal Chief of the Nation be, and he is
hereby authorized, by and with the advice of the executive councilor, to order
the apprehension of any intruders within the limits of the Nation, to be delivered
over to the agents of the United States for the Cherokees, to be prosecuted
under the intercourse laws of the United Stales, or to expel or punish them
as they please.
Approved: JOHN ROSS, Principal Chief, Cherokee Nation.
New Echota, October 31, 1820.
Encroachments on the Cherokee Nation in Arkansas were increasingly troublesome
and on May 28, 1828 the following treaty was made by the delegation at Washington:
William P. Ross
Chief, August 1866, to November 1867
November 11, 1872 to November 1875
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