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Eastern Cherokee Band,
Government and Politics
At a general council assembled at Cheoh, December 9, 1868, the Eastern
Cherokees placed upon record the following declaration:
We, the Eastern Cherokees, being desirous of holding our general council in some
organized form and established manner and under a like form as other tribes of
Indians who are desirous of adopting a republican form of government, and
restricting, controlling, and compensating our rulers, do hereby enact as
follows:
That hereafter each Cherokee settlement or town shall be entitled to one
delegate for each member of such settlement, who shall represent them in said
general council, and that said general council shall meet once in each year on
_________of _________, that said general council shall, from their number when
convened, elect one of their number who shall be chairman or president of said
council, and who shall be president or chief of said Eastern Cherokees for the
term of time so directed by said council, not exceeding four years, and in case
of choice each settlement may petition said council in writing upon any subject.
Said council shall have power to elect a secretary and interpreter of the
council and marshal, of the nation, and fix the duties and compensation of the
same. Said council shall have the power to prepare and adopt by-laws and rules
for the general government of the people and the duties of each national
officer, and also the compensation of said council, and assess the national
funds and property to pay the same. Said council may prepare by-laws and police
regulations and other rules, and submit the same to the nation in general
council assembled, and a majority vote shall adopt or reject the same. They
shall also prepare a system of schools in each settlement and provide for the
election of a superintendent or board of trustees, who shall organize the same
in accordance with said regulations. Said council may, in their discretion, fix
a place and day or days for holding a national fair, where each person may
present samples of grain, stock, weaving, knitting, spinning, needlework,
butter, and any article of agricultural product or fruit, and domestic or
mechanical product; and also a measure proving amount of crop per acre, and the
number of acres cultivated in any crop, and fix committees to grant premiums
thereon and name the same, and one premium for the best general system of
farming to be shown by the general statement.
Signed in Cherokee: John Wayne-na, chairman; Long Bear, Allen Raider, Tramper,
William MeElmore, John Ax, Sowitnooka, Ken-ska-leskee, Tall-quah-tee, James
Blythe, Skeogee, John Large, Wilson Ax, Mink.
Attest:
N. J. SMITH,
Clerk of the Committee and Council.
Qualla Town, Jackson County, North Carolina, November 26, 1870.
In conformity to previous appointment, and notice having been given previously
to the different towns composing the Eastern Band of Cherokees, a grand council
is this day organized by appointing Snate Owl and Corntassel, chairmen, and John
Lige and Samuel W. Davidson, clerks.
The credentials of the delegates were presented and referred to a committee
consisting of the following: Jackson Blythe, Will McElmore, Swimmer, Young
Squirrel, Ah-mah-chu-ah, Wilson Wolf, Toni Skitty, Sam Wolf, Lewis Smith,
Leander Hornbuckle, John Dobson, and western district of North Carolina, mid
representing the Cherokees, greatly sided inquiry respecting their present legal
status in the federal courts.
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US Indian Agent, James Blythe
son-in-law of Chief Smith
Samspson George on left |
Councilman Yo-na Calery
Climbing Bear
Three daughters and grandson of
Chief Smith |
Article III
Section 1. No person shall ever be eligible to any office or appointment of
honor, profit, or trust who shall have aided or abetted, counseled or encouraged
any person or persons guilty of defrauding the Eastern Baud of the Cherokees, or
who may hereafter aid or abet, counsel or encourage any pretended agents or
attorneys in defrauding the Eastern Band of Cherokees.
Article IV
Section 1. It shall be the duty of the annual council to pass such rules and
regulations as may be necessary and proper, and to decide differences by
arbitrators to be appointed by the parties who may choose that summary mode of
settlement.
(Abstract.)
Supreme executive, the principal chief, term 4 years; vice or assistant chief.
By males of 18 years. Eligibility of either, age 35, and at least one-fourth
Cherokee, of band, In case of death, resignation, or disability of both council
appoint until removal of disability or successor be elected. Councilman must be
21. Compensation of chief and vice not changeable during term.
Oath of principal chief;
"I do solemnly swear (or affirm) that I will faithfully execute the duties of
principal chief of the Eastern Band of Cherokees, and to the best of my ability,
preserve, protect, and defend the constitution of the Eastern Band of the
Cherokee Indians".
Principal chief may on extraordinary occasions convene the council at such place
as the council shall designate as the seat of government.
Principal chief from time to time give information as to the state of affairs
and recommend measures as he may think expedient. lie shall take care that the
rules and regulations be faithfully executed; shall visit the different towns
and settlements at least once in 2 years.
All officers and members of council take oath, etc. Council for 2 years,
Treasurer chosen by council for 2 years and give bond, No mosey drawn except by
warrant from the president in consequence of appropriations by council.
Treasurer receive and account for moneys at each session of the anneal council.
Article V. (Abstract.)
No person eligible to any office who denies the existence of a God or a future
state of rewards and punishments. Free exercise of religious worship and serving
God forever enjoyed, but not construed as to excuse acts of licentiousness
inconsistent with the peace and safety, etc. Council may decide the expediency
and principal chief nominate to council when necessary to send a delegate to
transact business with the United States, and be shall keep up a friendly
correspondence through the medium of its proper officers. All commissions to be
in the name and by the authority of the Eastern Band of Cherokee Indians, scaled
with the seal of the probate court of the county where the council is held,
attested by clerk of council, and approved by the principal chief. 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 and cherished by the Eastern Band of Cherokee Indians.
Annual council may propose amendments as two-thirds deem expedient, the same not
to be passed until the meeting of the next council.
Article VI.
Council shall consist of 2 from each town or settlement of 100 souls, of 1 extra
on an excess of 200, and for less than 100 still 1. Council, at the annual
session, shall appoint 2 judges of elections. In fault of election, a majority
may send a delegate with certificate, with the names of those selecting the
delegate. Election to he held on the first Thursday in September. Executive
council to consist of principal chief, assistant chief, and 3 associates,
nominated by the principal chief and confirmed by the council. The annual
council shall be held on the first Monday of October at place designated by
council, or, on emergency, by the principal chief. The annual council shall be
called to order by the assistant chief, and a chairman and clerk be elected. In
the absence or neglect of the assistant chief any member of the executive
council may organize the council. The officers of the council shall be 1 first
and 1 second clerk, an interpreter, marshal, messenger, and doorkeeper, The oath
may be administered by any officer of the state or the United States authorized
to administer an oath. Conviction of felony shall exclude from office. The
annual council may, by a commission, provide for the purchase of land for the
Eastern Baud of Cherokee Indians; provided, that any commission provided for
under this ordinance may be nominated by the principal chief and confirmed by
the annual council; provided further, that no act of such commission shall be
construed to interfere with or in any manner impair the rights of individual
members of said baud. The annual council shall, by appropriate legislation,
provide a public school system for the Eastern Baud of the Cherokee Indians. The
veto power exists except against a two-thirds vote. . Style of' enactment: "Be
it enacted by the annual council of the Eastern Band of the Cherokee Indians",
etc.
J. W. HILDIM, and T. Z. P. ENOLA, Chairman,
(Signed)
Attest: John G. Tatham, Secretary of Council.
Henry Smith, Interpreter.
Approved: Loyd R. Welch, Principal Chief.
Cheoh Council-Ground, October 13, 1875.
Officers and Council of Eastern Band of Cherokees: 1890-1891.
Principal Chief-Nimrod J. Smith (Cha-la-di-hih, Charles the Killer).
Assistant Chief-John Going Welch (Tsani, Always Going).
Chairman of Council-Jesse Reed.
Council-Stilwell Saunooka (Shawnee), Andy Standing Bear (Enidth Ahrwigadawga),
Wesley Crow (Caw-dash-ry-eh-lig-is-ki, Crow Marker), Davis George
(Dew-isi-ool-ay-oeh, Went Astray), Sampson Owl (Sap-mi-si-nih Co-goo-coo,
Hooting Owl), Bird Sidolanita (Young Squirrels), Jessean Climbing Bear
(Yo-no-ga-la-ki), Abraham Hill (O-quan-ih), Morgan Calhoun (Au-gan-aahf-to-dah,
Ground Sausage Meat), Suite Martin (Suy-e-ta Tin-tlu, Mixed Martin), Will
(Ttah-lab-lah, Redheaded Woodpecker), John Mullethead (Tsis-da-qua-lun-na,
Mullethead Fish), Armstrong Cornsilk (Ka-nau-tsi-da-wi Oo-ne-moo-di), and John
Davis (Axe, no Indian name).
Incorporation
Of The Eastern Band Of Cherokee Indians 1889
By an act of the general assembly of North
Carolina, ratified the 11th day of March,
1889 (Laws of North Carolina, 1889, chapter
211, page 889), the North Carolina or
Eastern Cherokee Indians, resident and
domiciled in the counties of Cherokee,
Graham, Jackson, and Swain, were created a
body politic and corporate under the name,
style, and title of "The Eastern Band of
Cherokee Indians, with all the rights,
privileges, franchises, and powers incident
and belonging to corporations under the laws
of the state of North Carolina".
By section 2 said Eastern Band of Cherokee
Indians was authorized to sue and implead,
and might be sued and impleaded, touching
and concerning all the property of whatever
nature held in common by the said band in
said counties.
By section 3 any grants to any person or
persons for any of the land held by said
Eastern Band of Cherokee Indians, and under
whom said Indians claimed title, as also all
deeds made by commissioners of the state to
any person or persons fins what are known as
Cherokee lands hold by said Cherokee Indians
in said counties and under whom said
Cherokees claim, are held as valid.
By section 4 it was provided that in all
cases where titles or deeds have been
executed to the said Eastern Band of
Cherokee Indians, or any person or persons
in trust for them under that name and style,
by any person or persons, either
collectively or personally, officially, or
in any capacity whatever, such deeds or
titles should be held as valid against the
state and all persons or any person claiming
by, through, or under the state by virtue of
any grant dated or issued subsequent to the
aforesaid deeds or titles to the said
Eastern Band of Cherokee Indians.
By section 5 it was provided that in case
any person or persons claiming any part of
the lands described in the preceding
sections adversely to the said Indians under
colorable title or titles shall be sued by
reason of such adverse claim, or any
possession under such colorable title or
titles, said act shall not be used in
evidence on either side nor in any way
prejudice the rights of either party, but
such suit or suits shall be determined as if
said act had not been passed.
By section 6 said act took effect from and
after its ratification.
Rear: Rev. John Jackson Graham, N.C.
Morgan Calhoun
Front: Wm. Ta-la-lah, Wesley Crow
Additional Resources
Notes About the Book:
Source: Indians, Eastern Band of Cherokees of North Carolina, by Thomas
Donaldson, 1892, 11th Census of the United States, Robert P. Porter,
Superintendent, US Printing Office, Washington, D.C.
Online Publication: The manuscript was scanned and
then ocr'd. Minimal editing has been done, and readers can and should expect
some errors in the textual output.
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