CHEMAWAf,AMERICAN
xz
Printed at Chemawa, Oregon, and Devoted to the Interests of Indian Education
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Vol. XXX
Wednesday, May 1, 1929
TRIBAL CONSTITUTION
Laws there are, in volume inexhaustable, and laws
there always have been from time immemorial about,
of, concerning, guiding, governing and explaining
every act of man or beast. Some are readable, some
laughable, and some are useful, although there are
many people who may say nay.
In the year 1838, nearly a century ago, a band of
Indians met at a point in the hills of Indian territory
where many springs of pure, sparkling water poured
their thirst-quenching fluid from the mountain side in
sufficient quantity to start a small rivulet coursing its
way through the valley, and the outstretched limbs of
the mammoth oaks furnished refreshing shade, and
there held a pipe-smoking peace meeting from which
was evolved “The Constitution of the Cherokee Na
tion.”
Up to this time there had been two nations of the
Cherokee—the eastern and western Cherokees, but
having been brought together in this beautiful land
by the government of the United States they found
that it behooved them to live as one and for that pur
pose the great men of the tribes came to this meeting,
but maybe the preamble of that document will better
explain matters:
The eastern and western Cherokees having again re
united, 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 tran
quility, promote the common welfare, and to secure to
ourselves and our posterity the blessings of freedom,
acknowledging with humility and gratitude, the good
ness of the sovereign ruler of the universe, in permitt
ing us so to do, and imploring his aid and guidance
in its accomplishment—do ordain and establish this
constitution for the government of the Cherokee
Nation.
Being just as conclusive and enlightened as ever
preamble was, since they first began to preamble
constitutions, documents, and any article that could
use one, and one may guess that this great and august
garthering in which the names of men such as these
appears: Crying Buffalo, Black Flute, Soft Shell
Turtle and Tobacco Will spent several hours in deep
reflection and discussion—the same as was done by
the constitutional convention of the great state of Okla
No. 27
homa— of whether it should read Supreme Being, God,
Lord, or what, and other such weighty questions.
But it is in general just about like the constitution of
these enlightened days and would suit very well for
any state government, excepting for the fact that it
provides that title to lands of the nation shall be in
the nation.
The plan of the government is democratic and fol
lows in part that of the United States.
It has a “fourteenth amendment” which was added
to the constitution on November 26, 1866.
In the laws of the nation are found very little of an
unusual or freakish nature but many good features,
and some of these laws are really in accord with pres
ent day enlightenment and have been adopted in the
fierce fights for present-day betterment of conditions.
For instance, they have a law making it a crime
for anyone to offer for sale any food or drink
that had been adulterated in such a manner as to render
it injurious to health, or who should offer for sale any
drugs or medicine without a label thereon giving to
the buyer knowledge of any adulteration. Also for
any man to give short weights was a crime and a table
is given which establishes the weight of the common
commodities.
Betting on elections was a misdemeanor, and de
stroying the forest was also prohibited.
The salaries paid to officers of the nation in that
time would appeal to the average tax grumbler of to
day, as the chief wrs paid only $1,000 a year and
other officers usually about $500.
The high sheriff received $500 and out of that paid
his deputy and furnished wood for the fires in the
capitol building.
The convicts were used to work on roads and cut
wood for the national institutions.
One law that would be antiquated in this age was
that a person not a citizen of the nation who made
himself objectionable to the authorities was to be taken
to the line and kicked out of the nation with the in
junction to remain out.
Any artisan, not a citizen of the nation, had to have
a permit before he could practice his trade in the
nation, for this he paid $1 a month, and as soon as
his work was completed he had to leave the confines.
No license was required for citizens to marry, but if
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