- Everyone charged with a penal offense has the right to be presumed
innocent until proven guilty according to law in a public trial at which he
has had all the guarantees necessary for his defense. - No one shall be held guilty of any penal offense on account of any act or
omission which did not constitute a penal offense, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
an offense was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honor and reputation. Everyone has
the right to the protection of the law against such interference or attacks.
Article 13 - Everyone has the right to freedom of movement and residence within the
borders of each State. - Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14 - Everyone has the right to seek and to enjoy in other countries asylum from
persecution. - This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15 - Everyone has the right to a nationality.
- No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16 - Men and women of full age, without any limitation due to race, nationality
or religion, have the right to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage and at its dissolution. - Marriage shall be entered into only with the free and full consent of the
intending spouses. - The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
Article 17 - Everyone has the right to own property alone as well as in association with
others. - No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes.
freedom to hold opinions without interference and to seek, receive and impart.
information and ideas through any media and regardless of frontiers.
Article 20 - Everyone has the right to freedom of peaceful assembly and association.
- No one may be compelled to belong to an association.
Article 21 - Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives. - Everyone has the right of equal access to public service in his country.
- The will of the people shall be the basis of the authority of government;
this will shall be expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international cooperation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development
of his personality.
Article 23 - Everyone has the right to work, to free choice of employment, to just and
favorable conditions of work and to protect against unemployment. - Everyone, without any discrimination, has the right to equal pay for equal
work. - Everyone who works has the right to just and favorable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection. - Everyone has the right to form and to join trade unions for the protection of
his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
Article 25 - Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security
in the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control. - Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26 - Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all
on the basis of merit. - Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace. - Parents have a prior right to choose the kind of education that shall be
given to their children.
Article 27 - Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and
its benefits. - Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29 - Everyone has duties to the community in which alone the free and full
development of his personality is possible. - In the exercise of his rights and freedoms, everyone shall be subject only
to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public order and the
general welfare in a democratic society. - These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.
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 affording us an
opportunity so favorable to the design and imploring his aid and direction
in its accomplishments do ordain and establish this Constitution for the
Government of the Cherokee Nation.Article 1st.The boundaries
of this nation embracing the lands solemnly guaranteed and reserved forever
to the Cherokee Nation the treaties concluded with the United States is as follows, and which 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
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 Little Tellico , to the Tennessee river at
Tallassee thence along the main channel including
Islands to the junction of Cowee & Nonteyalee 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 a straight line to
the nearest main source of the Chestatee ; thence
along its main channel, including Islands to the Chattahoochee and thence down the same to the Creek
boundary at Buzzard roast, 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 Strothers 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 & thence along the ridge which separates the Tombigby
& Tennessee waters, to a point on the top of said ridge thence a due
north Course to Camp Coffee, on Tennessee which
is opposite the Chickasaw Island, thence to a
place of beginningSection 2. The sovereignty & jurisdiction of this Government
shall extend over the Country within the boundaries above described, and
the lands therein is & shall remain the Common property of the nation;
but the improvements made thereon and in possession of the citizens of the
nation, are the exclusive & indefeasible property of the citizens
respectively who made or may rightly be in possession of them provided that
the Citizens of the nation possessing exclusive and indefeasible rights to their respective
improvements, 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 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
Cease, Provided nevertheless the legislature shall have power to readmit by
law, all the rights of Citizenship to any
such person or persons who may at any time desire to return to this nation
by memorializing the General Council for such readmission — Moreover,
the Legislature Shall have power to adopt such laws & regulations as
its wisdom may deem expedient and proper to prevent the citizens from
monopolizing improvements with the view of speculation.Article
2. The powers of this Government shall be divided with three
distinct departments, the legislative, Executive, and Judicial. 2nd. 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 cases
herein after expressly directed or permitted.Article 3.
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
stiled 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.Section 2. The Cherokee Nation
as laid off into eight Districts, shall remain so.Section 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 Genl Council shall be held once a year
to be convened on the second Monday of October in each year at New, echota no person shall be eligible to a seat in
the general Council but a free cherokee male citizens, who shall have
attained to the age of twenty five years
the descendants of Cherokee men by all free women (except the african race)
whose parents may be or may have been
living together as man and wife according to the Customs & laws of this
nation & shall be entitled to all the rights and privileges of this Nation, as well as the posterity
of cherokee woman by all free men, no person who is of a negro or mulato parentage either by the father or mother side,
shall be eligible to hold any office of profit or honor or trust under this
Government The electors and members to the
general Council shall in all cases except in those of treason, felony, or
breach of the peace be privileged from
arrest during their attendance at elections and the General Council, and in
going to or returning from the same. In all elections by the people the
electors shall vote Vi — Va — Voce.Elections for members
to the General Council for 1828 shall be
held at the place of holding their several courts & at the other two
precincts in each Districts which are designated by the law under which the
members of this convention were elected, and that the district Judges shall
superintend the elections within the precinct of their respective Court
Houses; and the marshalls & Sheriffs to
superintend the precincts which may be assigned them by the Circuit Judges
of their respective District, together with one other person who shall be
appointed by the circuit Judges for each precinct within the District of
their respective Circuits, and the Circuit Judges shall also appoint a
clerk to each precinct, The superintendent & clerks shall on the
Wednesday morning preceding the elections
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 office provided nevertheless
the Genl Council shall have power after the
elections of 1828 to regulate by law the
precincts & superintendents &
clerks of election in the several Districts.Section
4. All free male Citizens (excepting negroes & descendants of white & Indian men by
Negro women who may have been set free) who shall have attained to the age
of 18 years shall be equally entitled to vote at all public elections,
—Section
5. Each house of the General Council shall judge of
the qualifications, elections & returns of its own
members.
6. Each house of the Genl. 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.
7.Each House of the Genl. 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 penalties as each House may prescribe —Section 8
— 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 take effect, during the period of service of the Members
of the General Council, by whom such alterations shall have been made
—Section 9. The General Council, shall regulate by law, by
whom, and in what manner, Writs of election Shall be issued, to fill the
vacancies which may happen, in either branch thereof Section 10.
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 in all questions, and measures which may come,
before me, I will 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 I will bear, true faith and allegiance to the same and to
the utmost of my ability, and power observe, confirm to Support and defend
the Constitution thereof.Section 11. 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
—Section 12. 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 his Constitution.
—Section 13. 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 —Section 14 — No power of suspending
the laws of this nation Shall be exercised.
unless by the Legislature or its authoritySection 15. That no
retrospective laws nor any law, impairing the obligation of contracts shall
be passed —Section The Legislature shall have power to make laws for laying &
collecting taxes for the purpose of raising a revenue
—Section
All Bills making appropriations shall originate in the Committee; but the
Council may propose amendments or reject the same —Section 18.
All other Bills, may originate in either House, Subject to the concurrence,
or rejection of the other —Section 19. All acknowledged
Treaties shall be the Supreme law of the landSection The General Council shall have the
sole power of deciding on the Construction of all treaty stipulations. the
Council Shall have the Sole power of impeaching —Section All impeachments shall be
tried by the Committee when sitting for that purpose the members shall be
upon oath or affirmation no person shall be Convicted without the
Concurrence of two thirds of the members presentSection The principal chief
assistant principal Chief and all civil officers under this nation shall be
liable to impeachments for any misdemeanor in office, but judgment in such
cases, shall not extend for than removal office, and disqualification to
hold any office of honor, trust, or profit, under this nation the party
whether convicted or acquitted, shall neverthe- less be liable to
indictment trial judgment & punishment according to law,Section
The supreme executive
power of this nation, shall be vested in a principal chief who shall be
chosen by the Genl. Council and shall hold his
office four years to be elected as follows the Genl. 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 two houses shall be
organized and competent to proceed to business
elect a principal Chief.Section 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 have not attained to the age of thirty five years.
Section There shall also be chosen at the same
time by General Council in the same manner for four years an assistant
principal Chief in case of the removal of the principal Chief from office
or of 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 vacancy filled by the General Council;
The General Council may by law provided for the case of removal death
resignation or inability both of 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, the principal
chief and assistant principal chief shall at stated times receive for their
services 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
person.Section
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 office of Principal Chief of the
Cherokee Nation and will to the best of my ability preserve, protect &
defend the constitution of the Cherokee Nation.”Section He may on extraordinary
occasions convene the Genl. Council at the seat of government. 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. He shall take care that the laws be faithfully executed.
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 CountrySection The assistant principal chief shall by virtue of his
office aid & advise the principal chief in the administration of the
Government at all times during his continuance in office.Section
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 commission which shall expire at the end next
session.Section
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 it 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 objection to the
other House by which it shall likewise be reconsidered and if approved of
by two thirds of that house it shall become a law. If any Bill shall not be
returned by the principal Chief within five days (sundays excepted) after
it shall have been present to him the same shall be a law in like manner as
if he had signed it unless the General Council by their adjournments
prevents its return in which case it shall be a law unless sent back
within three days after their next meetingSection Members of the general Council and all
officers Executive & Judicial shall be bound by oath to support the
Constitution of this Nation and to perform the duties of their respective
offices with fidelity Section In case of disagreement between the two Houses with respect to
the time of adjournment the principal chief shall have power to adjourn the
Genl. Council to such a time as he thinks
proper Provided it be not to a period beyond the next constitutional
meeting of the sameSection The Principal Chief shall during the sitting of the Genl. Council attend at the seat of
governmentSection 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 and to assemble and he
together with the assistant principal Chief and Councilors 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 lawSection The members of the Council shall be chosen
annually Section The Resolution 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 Councilor may enter
his dissent, to the Resolution of the majority —Section The Treasurer of the
Cherokee Nation shall be chosen by the joint vote of each House of the
General Council for the term of two years —Section The Treasurer shall before
entering on the duties of his office give bond to the nation with
Securities to the satisfaction of the Legislature, — for the faithful
discharge of his trust Section No money shall be drawn from the Treasury but by
Warrant from the principal Chief, and in consequence of appropriation made
by lawSection 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 expenditure of all
public monies to the annual Session of the General Council Article
1st.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.Article 2nd.The Supreme Court, shall
consist of three Judges, any two of whom, shall be a quorum
—Art. 3 — The Judges of
each Shall hold their commissions 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
—Art 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 trust, under this nation or any other power
—Art 5 — No person shall be
appointed a Judge of any of the Courts, before he shall have attained to
the age of thirty years, nor shall any person continue to exercise the duties of any of the said offices after
he Shall have attained, to the age of seventy years —Art 6. The Judges of the Supreme and Circuit Courts,
shall be appointed by joint vote of each House, of the General Council
—Art 7 — There shall be
appointed in each district Render the Legislative authority as many
Justices of the peace as may be deemed the public good require — and
whose powers, duties and duration in office shall be clearly
designatedArt 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 —Art 9 — Each Court
shall Choose its own clerks for the term of four years, but such clerks
shall not be continued 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 the
respective Courts. Art 10 — No
Judge Shall sit on the trial of any cause, where the parties shall be
connected with him by affinity, or consanguinity, except by consent of the
parties — In cases all the Judges of the Supreme Court, Shall be
intrusted in the event, if 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 of thereof who shall
be specially commissioned by the principal Chief for the case.Art 11 — All writs and other process shall run
in the name of the Cherokee nation, and bear test, and be signed by the respective
ClerksArt 12 — Indictments shall
conclude against the peace and dignity of the Cherokee nation
—Art 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 yearArt 14 — In all continual prosecutions the
accused Shall have the right of being heard of demanding the nature and
cause, of the accusation against him, of meeting the witness face to face
of having compulsory process for obtaining witnesses in his favor —
and in prosecutions by indictments or information, a speedy public trial by
an impartial Jury of the vicinage nor shall he be compelled to give
evidence against himself —Art 15
— That the people shall be secure in their persons houses papers and
possessions from unreasonable seizures and searches & that no warrant
to search any place or to seize any person or things shall issue without
describing them as nearly as may be, nor without good excuse, supported by
Oath or affirmation — all prisoners shall be bailable, by Sufficient
securities unless for capital offenses,
where the proof is evident or presumption great —Art 16 — Whereas the Ministers of the Gospel
Religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be
are by their profession dedicated to the service of God “and Care of souls”
and ought not to be divested from the great duty of their functions
— Therefore no minister of the Gospel, or public preacher of any
eligible to the Office of Principal Chief or a seat in either House of the
general Council —Art 17 —
No persons who denies the being of God, of future state of rewards and
punishments, shall hold any office in the Civil departments of this nation
—Art 18 — The free exercise of religious worship and serving God
without destruction, Shall forever be allowed within this nation, provided
that this liberty of conscience, Shall not be so construed, as to excuse
acts of licentiousness, or Justify practices inconsistent with the peace of
safety of this nation —Art 19
— Whenever the General Council Shall
determine, the expediency of appointing Delegators, or other public agents,
for the purpose of transacting business with the government of the United
States, the principal Chief shall have powers, to recommend, and by the
advice and consent of the committee shall appoint and commission such
delegates or public agents accordingly, and on all matters of —
interest touching the rights of the Citizens of this nation, which may
require attention of the United States Government, The principal Chief
Shall keep a friendly correspondence with government through the medium of
the proper officers
Art 20. All commissions shall be the name and by the Authority of the
Cherokee nation and be sealed with the Seal of the Nation and be signed by
the principal Chief — The principal Chief shall make use of his
private Seal until a national seal shall be provided
Art 21. 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 vacancies, shall be filled, by the qualified
electors, and the sheriff then elected shall continue in for two years
Art 22. There shall be a
Marshall appointed by a joint vote of both Houses of the General Council
for the term of four years, whose compensation and duty shall be regulated
by law, and whose jurisdiction shall extend, over the Cherokee Nation
Art 23. No person shall for the
same offense be twice put in jeopardy of life or liberty nor shall any
persons property be taken or applied to public use, without his consent
provided that nothing shall be so construed in this clause as to impair the
right and power of the General Council to lay and collect taxes —
That 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
Art 24 The right of trial by
Jury shall remain inviolate. Religion, Morality, and knowledge being
necessary to good government and the preservation of liberty, and the
happiness of Mankind Schools and the means of education, shall forever, be
encouraged in this nation The appointment of all officers not otherwise
directed by this constitution, shall be vested in the legislature
—All Laws in force in this nation at the passing of this
constitution shall so continue until altered or repealed by the Legislature
except when they are temporary in which case they shall expire at the times
respectively limitted for their duration if not
continued by acts of the Legislature.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 parts of this
Constitution provided that such proposed amendments shall be read on three
several days in each house as will when the same are proposed as when they
are finally ratifiedDone in Convention at New
Town Echota this 24th day of July
1827. Constitution of the Cherokee Nation 1827
The Native Party Trust 