Eleanor Finch
On July 26, 1827, the Cherokee Nation adopted a formal constitution, modeled on that of the United States, to establish justice, ensure tranquility, promote common welfare, and secure liberty for its citizens. This constitution, with its executive, legislative, and judicial branches, was a powerful tool in the Cherokee Nation's campaign against displacement from their aboriginal homelands. Despite facing resistance from the state of Georgia and internal disputes, the Cherokee Nation, led by Principal Chief John Ross, fought valiantly for eight years, asserting their sovereignty and land rights. The Cherokee campaign received national attention, drawing outside support and spreading propaganda to highlight their plight, but ultimately, they were unable to retain their land and are not recognized as a sovereign nation today.
| Characteristics | Values |
|---|---|
| Date of Adoption | 26 July 1827 |
| Purpose | To establish justice, ensure tranquility, promote common welfare, and secure liberty |
| Structure | Modeled on the US Constitution, with executive, legislative, and judicial branches |
| Legislative Power | Vested in two branches: a Committee and a Council |
| Citizenship | Descendants of Cherokee men and women by free women/men entitled to rights and privileges |
| Territorial Integrity | Asserted sovereignty over land, stating it shall remain the common property of the Nation |
| Judicial Recognition | Supreme Court recognized Cherokee sovereignty in Worcester v. Georgia |
| Internal Disputes | Resolved in 1839 with a new Constitution modeled on the 1827 version |
| Resilience | Despite displacement, the Cherokee retained tribal organization and cultural continuity |
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What You'll Learn
- The Cherokee Nation's constitution was modelled on that of the US, establishing a central government with executive, legislative, and judicial branches
- The constitution declared that the Cherokee Nation's land was the common property of the Nation, with citizens unable to dispose of it to the US or individual states
- It ensured that the descendants of Cherokee people and free women (except African women) were entitled to the rights and privileges of the Nation
- The constitution received national attention and outside support, with Cherokee delegations visiting churches and mass meetings to spread their message
- Despite the constitution, the Cherokee people were forced to vacate their lands due to the Indian Removal Act, leading to the tragic Trail of Tears
The Cherokee Nation's constitution was modelled on that of the US, establishing a central government with executive, legislative, and judicial branches
The Cherokee Nation Constitution of 1827 was modelled on that of the United States, establishing a central government with executive, legislative, and judicial branches. The Cherokee Nation, led by Principal Chief John Ross, adopted this constitution to protect their aboriginal homelands from Georgia's attempts to seize control of Cherokee lands within the state. The constitution declared that the lands of the Cherokee Nation were the "common property of the Nation" and that its citizens had "no right nor power to dispose of their improvements" to the United States or its citizens.
The constitution was established by a Convention of Delegates from several Districts at New Echota in July 1827. It aimed to establish justice, ensure tranquility, promote common welfare, and secure liberty for the Cherokee people and their posterity. The legislative power was vested in two branches: a Committee and a Council, known as the General Council of the Cherokee Nation. The constitution also addressed citizenship rights, stating that the descendants of Cherokee men and free women, except those of African descent, were entitled to the rights and privileges of the Nation.
Despite the Cherokee Nation's efforts to establish a formal constitution, they faced significant challenges in their campaign against displacement. In 1828, gold was discovered in Cherokee territory, triggering the Georgia gold rush and increasing pressure on their land. The state of Georgia responded to the Cherokee constitution by declaring the Cherokee government abolished and imposing its laws on Cherokee citizens. The Cherokee Nation took their case to the Supreme Court, but the Court dismissed it, ruling that the Cherokee Nation was not a foreign state but a "domestic dependent nation."
The Cherokee continued to resist displacement and defend their sovereignty. They organised delegations, visited churches, and spread propaganda to gain support for their cause. The Cherokee Nation's constitution served as a testament to their resilience and determination to protect their rights and territorial integrity. However, ultimately, they were unable to retain their land and are now recognised as a federally recognised tribe with established territory.
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The constitution declared that the Cherokee Nation's land was the common property of the Nation, with citizens unable to dispose of it to the US or individual states
The Cherokee Nation adopted a formal, written Constitution in 1827, modelled on that of the United States. This was done to "establish justice, ensure tranquility, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty". The Cherokee National Council enjoyed broad popular support, and the constitution established executive, legislative, and judicial branches of governance.
The constitution declared that the Cherokee Nation's land was the common property of the Nation, and that citizens were unable to dispose of it to the United States or individual states. This was an important measure to protect their aboriginal homelands from the state of Georgia's efforts to take over Cherokee country. Georgia responded by declaring the Cherokee government abolished and its citizens subject to Georgian law.
The Cherokee people fought this removal for eight years, pointing to their constitution. Despite this, they were unable to retain their land and are not recognised as a sovereign nation. The Supreme Court did uphold that Georgia had violated Cherokee sovereignty, but the initial case was dismissed because the Cherokee Nation was not considered a foreign state.
The constitution was not without its critics, with several Cherokee people viewing it as a threat to their traditional ways. However, it was an important step in the Cherokee Nation's campaign against displacement, which received national attention and drew significant outside support.
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It ensured that the descendants of Cherokee people and free women (except African women) were entitled to the rights and privileges of the Nation
The Cherokee Nation's constitution of 1827 was a formal document that established a government with executive, legislative, and judicial branches modelled on the US Constitution. The constitution was drafted to "establish justice, ensure tranquility, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty".
The constitution played a significant role in the Cherokee campaign against displacement from 1827 to 1838. During this period, the Cherokee people resisted pressures to vacate their lands and be displaced to reservations in the Oklahoma Territory. The Cherokee Nation's constitution was a key tool in this resistance, as it asserted the sovereignty of the nation and the rights of its citizens.
One of the ways in which the constitution helped fight displacement was by ensuring that the descendants of Cherokee people and free women (except African women) were entitled to the rights and privileges of the Nation. This provision, found in the published text of the constitution, granted full rights to the children of Cherokee men and women, as long as their non-Cherokee parent was a free non-African woman. This ensured that the Cherokee Nation would remain inclusive and protect the rights of its mixed-race citizens, whose heritage included both Cherokee and non-Cherokee ancestors.
This provision also had implications for the ownership of land within the Cherokee Nation. By recognising the rights of mixed-race descendants of Cherokee people, the constitution affirmed their claim to the land as citizens of the nation. This was significant because, at the time, the Cherokee Nation was facing increasing pressures from white settlers who desired their rich and fertile lands. The discovery of gold in 1828 further intensified these pressures, leading to the Georgia gold rush.
The Cherokee Nation's constitution, therefore, played a crucial role in their campaign against displacement by securing the rights and privileges of their citizens, including those of mixed-race descent. This provision ensured that the Cherokee Nation remained unified and inclusive, strengthening their resistance against forced removal from their aboriginal homelands.
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The constitution received national attention and outside support, with Cherokee delegations visiting churches and mass meetings to spread their message
The Cherokee Nation's constitution of 1827 was modelled on that of the United States, with its government established as a democracy with executive, legislative, and judicial branches. The constitution declared that the lands therein "shall remain, the common property of the Nation" and that Cherokee citizens "shall possess no right nor power to dispose of their improvements".
The Cherokee campaign against displacement received national attention and outside support. Cherokee delegations visited churches and mass meetings to spread their message and draw attention to their situation. They called on supporters in the North, particularly in Ohio and New England, where there was a concentration of allies. The Cherokee National Council, the nation's legislature, enjoyed broad popular support, and John Ross continued to serve as Principal Chief under the new Constitution.
The Cherokee Nation also fought against displacement through legal strategies. In 1831, the Supreme Court upheld in Worcester v. Georgia that Georgia had violated Cherokee sovereignty. However, the Court did not recognize the Cherokees as a sovereign nation, and their case, Cherokee Nation v. Georgia, was dismissed. Despite these legal victories, Andrew Jackson signed the Indian Removal Act in 1830, forcing tribes in the southeast to vacate their lands for reservations in the Oklahoma Territory.
The adoption of the 1827 constitution was an important step in the Cherokee Nation's campaign against displacement. By modelling their government on that of the United States, the Cherokee people asserted their sovereignty and established a framework for defending their homeland. The constitution's declaration that the land was the common property of the Nation and could not be disposed of was a key argument in their legal battles against displacement.
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Despite the constitution, the Cherokee people were forced to vacate their lands due to the Indian Removal Act, leading to the tragic Trail of Tears
The Cherokee Nation Constitution of 1827 was a formal constitution modelled on that of the United States. It was established to "secure to ourselves and our posterity the blessings of liberty", and to promote the common welfare of the Cherokee people. The constitution outlined the legislative, executive, and judicial branches of the Cherokee government, with the legislative power vested in a Committee and a Council, known as the General Council of the Cherokee Nation. It also asserted the sovereignty and independence of the Cherokee Nation, stating that their lands were the "common property of the Nation".
Despite the constitution, the Cherokee people faced ongoing displacement pressures and threats to their sovereignty. In 1828, gold was discovered in Cherokee territory, sparking the Georgia gold rush and intensifying the desire of their white neighbours to acquire Cherokee land. The state of Georgia, in particular, sought to abolish the Cherokee government and subject its citizens to Georgia's laws.
The Cherokee Nation took their case to the Supreme Court, arguing that Georgia had violated their sovereignty. While the Court upheld this in Worcester v. Georgia, it also ruled that it lacked jurisdiction over the case because the Cherokee Nation was not considered a foreign state. This decision set a precedent that undermined the Cherokee Nation's legal standing and contributed to their displacement.
In 1830, just three years after the adoption of the Cherokee Constitution, President Andrew Jackson signed the Indian Removal Act, forcing tribes in the southeast, including the Cherokee, to vacate their lands and relocate to reservations in the Oklahoma Territory. The Cherokee people resisted this removal for eight years, citing their constitution and asserting their rights to their homeland. Unfortunately, their efforts were ultimately unsuccessful, and they were forced to embark on the tragic Trail of Tears, a forced relocation that resulted in significant loss of life and cultural trauma.
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Frequently asked questions
The Cherokee Nation Constitution of 1827 was significant because it was a formal, written constitution modelled on that of the United States, with executive, legislative, and judicial branches of governance. It was established "to secure to ourselves and our posterity the blessings of liberty".
The Cherokee Nation Constitution of 1827 helped fight displacement by asserting the sovereignty of the Cherokee Nation and establishing that "the lands therein are, and shall remain, the common property of the Nation". This meant that Cherokee citizens "shall possess no right nor power to dispose of their improvements in any manner whatsoever to the United States, individual states, nor individual citizens thereof".
The Cherokee people were ultimately unable to retain their land and are not recognised as a sovereign nation. However, they received national attention and outside support for their cause, and despite the significant loss of life that occurred on the Trail of Tears, they were able to retain much of their tribal organisation.
