The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-05-16
THE CEERoKEEs IN THE COURT.

OF all the interesting Indian tribes
most so. Formerly having their home
In Georgia and removed therefrOm
during the administration of General
Jackson TO their present home in the
Indian Territory where part of the
tribe under the provisions of the treat
les of 1917 and 1919 between the United
States and the Cherokee nation had
already settled, the early and later
Corners adopted an Act of UniOn-a
document of great interest, which COM
pares not unfavorably with those
archives that have given renown to
the founders of states. 1t thus recites
the origin of the tribe and the necessity
Of Union:
Whereas our fathers have existed as
separate and distinct nation. in the pos
session and exercise of the essential and
appropriate attributes of sovereignty.
from a period extending into antiquity be-
yond the records and memory of man:
and whereas these attributes with
the rights and franchises which
they involve, remain still in full
force and virtue, as do also the national
and social relations of the Cherokee peo-
pie to each other and to their body polite;
and whereas II has become essential TO
the general welfare that a Union between
two branches of the ancient Cherokee
family should be formed and a system Of
government matured adapted TO their
present condition. and providing equally
for the reflection Of each individual in
the enjoyment Of all his rights:
Therefore. We, the people, composing
the eastern and western Cherokee nation,
in national convntion assembled, by virtue
of our original inalienable rights, do here
by solemnly and mutually agree to form
ourselves into one body polite, under
the style and title of the Cherokee nation.
The Union having been established.
and provision made for vesting all
rights and titles 10 public Cherokee
lands on the east and west of the River
Mississippi, with all other interests
appertaining 10 either branch OF the
Cherokee family, entire and unimpair-
ed in the Cherokee nation as consti
tuted by the Union, the convention pro-
ceeded to adopt constitution for their
future government. And those critics
who lament that the constitution of
the United States does not specifically
recognize the existence of Il God will
find cause for praise in reading the
preamble to the constitution of the
Cherokees. 1t is as follows:
We. the people of the Cherokee nation.
in national convention assembled, in order
10 establish justice and 10
secure TO ourselves and our pos;erity the
blessings OF acknowledging with
humility and gratitude the goodness OF the
Sovereign Ruler of the Universe in per-
hitting us so to do. and implorinS His
aid and guidance in its accomplishments
do ordain and establish this constitution
fer the government Of the Cherokee ma
ton.
The Cherokees. for the most part, are
Presbyterians: and before they left
Georgia had their schools and churches
and were instructed in the doctrines
OF their faith. And while their con
stitution provides for the free exercise
OF religious worship, and serving God
without distinction" II also provides
that no person who denies the being of
a God. or future state of reward and
punishment. shall hold any office IN
the civic department of the nation
Naturally, the Cherokee constitution
is modelled upon the plan of our Amer
lean constitutions. and divides the
powers of government into three dis
tinct departments-the legislative, the
executive and the judicial In the
case Of Cherokee nation vs.. Jorney-
cake. decided 10y the supreme court
Of the United States at its present ses-
sion. the court refers 10 the Cherokee
constitution with respect 10 land. This
: also referred II by the court of
claims in its opinion in the same case
The constitution in lis first article. says
the latter court. takes UP the subject
of paramount Importance in the Indian
miHd-of more Importance taan tire
form OF government. than the right 81
representation. than the right Of trial