Simone Lawson
The Cherokee Nation, a legal autonomous tribal government in North America, was recognized from 1794 to 1907. During this period, the Cherokee Nation adopted multiple constitutions. The first written constitution was adopted in 1827, modelled on that of the United States, with executive, legislative, and judicial branches. The 1827 constitution was drafted to solidify the tribe's sovereignty and resist white encroachment and removal. The Cherokee Nation also adopted constitutions in 1839, 1975, 1976, and 1999. The 1839 constitution was born out of the 1839 Act of Union, which united two factions of the Cherokee Nation. The 1976 constitution superseded the 1839 constitution, and the 1999 constitution became the tribe's supreme law.
| Characteristics | Values |
|---|---|
| Year of adoption | 1827 |
| Date of adoption | 26 July 1827 |
| Location of adoption | New Echota, Georgia |
| Constitution modeled on | The United States Constitution |
| Government structure | Three branches: executive, legislative, and judicial |
| Amendments | Amendments made in 1839, 1975, 1999, and 2003 |
| Adoption of amendments | 1999 Constitution adopted in July 2006 |
| Constitution superseded | 1839 Constitution superseded in 1976 |
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What You'll Learn
The 1827 Constitution
On July 26, 1827, the Cherokee Nation adopted a formal constitution in New Echota, modern-day Georgia. This constitution was modelled on that of the United States, with executive, legislative, and judicial branches of governance, adapted to meet the unique needs of the Cherokee Nation. The constitution was drafted with the aim of "establish[ing] justice, ensur[ing] tranquility, promot[ing] our common welfare, and secur[ing] to ourselves and our posterity the blessings of liberty."
The Cherokee people had been pushed off their lands through colonisation, violence, and treaties, losing large portions of their homeland. The discovery of gold in northeast Georgia also added urgency to their attempts to maintain sovereignty and territory. In response to these threats, the Cherokee Nation established a formal constitution to solidify their sovereignty and resist encroachment and removal. The constitution outlined a structure of government, including an elected principal chief, a senate, and a house of representatives.
The constitution included provisions such as the eligibility requirements for the General Council, stating that only free Cherokee male citizens above the age of twenty-five could hold a seat. It also outlined the rights and privileges of citizens, including the descendants of Cherokee men and women by free women, except in the case of African ancestry. The constitution further specified that no person of negro or mulatto parentage would be eligible to hold any office of honour, profit, or trust within the government.
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The 1839 Constitution
The Cherokee Nation adopted a written Constitution in 1827, modelled on that of the United States. However, this constitution proved controversial, and internal disputes, violence, and political conflict over the signing of the 1835 Treaty and how to organise the Cherokee Nation government on the Reservation persisted.
In 1839, the Nation came together under a new Constitution, modelled on the 1827 Constitution. Signed on September 6, 1839, the 1839 Constitution was born from the Act of Union, which united the Eastern Cherokees or the Ross Party, led by Principal Chief John Ross, and the Old Settlers, who had settled in what is now eastern Oklahoma in the early 1800s. A third faction, the so-called Treaty Party, which had signed away what remained of Cherokee land in the Southeast, sided with the Old Settlers.
The first election for all three officers of the Government—Chiefs, Executive Council, members of the National Council, Judges, and Sheriffs—was held at Tah-le-quah before the rising of the 1839 Convention. The term of service of all officers elected before the first Monday in October 1839 was extended to include the time from their election to the first Monday in October 1839.
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The 1902 allotment agreement
The Cherokee Nation adopted a written Constitution in 1827, modelled on that of the United States. This constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal. However, it proved controversial, and the state of Georgia succeeded in its pursuit of Cherokee removal despite the 1827 Constitution.
In 1839, the Cherokee Nation came together under a new Constitution, born from the Act of Union, which aimed to unite the Eastern Cherokees or the Ross Party, and the Old Settlers. This 1839 Constitution established rules for the election of legislators and chiefs, common holding of the lands of the Nation, and suffrage for boys over 18 years of age.
Now, onto the 1902 allotment agreement.
One key aspect of the 1902 agreement was the inclusion of Delaware Indians, who were members of the Cherokee Nation, in the allotment process. It was determined that the Delaware Indians would take lands and share in the funds of the tribe, with their rights decided by the Court of Claims or the Supreme Court if appealed. The agreement specified the segregation of 157,600 acres of land for the Delaware Indians, in accordance with their previous agreement with the Cherokees from 1867.
The 1902 agreement also outlined the rental terms for Cherokee citizens' allotments. Citizens could rent their allotments for up to one year for grazing purposes and up to five years for agricultural purposes, without any obligation to renew. However, leases exceeding these durations required the approval of the Secretary of the Interior. Additionally, cattle grazed upon leased allotments were exempt from tribal taxes, while grazing taxes were imposed on cattle introduced into the Cherokee Nation and grazed on non-allotment lands.
Furthermore, the agreement addressed the acquisition of lands by the United States for public purposes, such as court houses and jails. It stipulated that the United States could purchase suitable lands in any town within the Cherokee Nation for these purposes, paying the appraised value.
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The 1976 Constitution
The Cherokee Nation has had multiple constitutions throughout its history. The first was adopted in 1827, modelled on the US Constitution, with executive, legislative, and judicial branches, and adapted to meet Cherokee needs. This was followed by a new constitution in 1839, which was preceded by contentious meetings between the Eastern Cherokees (or the Ross Party), the Old Settlers, and the Treaty Party.
In 1975, the Cherokee Nation of Oklahoma drafted a new constitution, which was ratified on June 26, 1976. This constitution was amended in 1987 to include district provisions. The 1976 Constitution was preceded by the election of W. W. Keeler as chief under President Richard Nixon's self-determination policy. Keeler was succeeded by Ross Swimmer.
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The 1999 Constitution
The Cherokee Nation, often referred to as "The Nation" by its inhabitants, was a legal autonomous tribal government in North America recognised from 1794 to 1907. In 1827, the Cherokee Nation adopted a written constitution modelled on that of the United States, with executive, legislative, and judicial branches, adapted to meet the needs of the Cherokee people.
The 1975 Constitution was amended in 2003 to remove federal requirements for amendments, demonstrating the Cherokee Nation's continued assertion of sovereignty and self-governance. The adoption of the 1999 Constitution as the tribe's supreme law further solidified the Cherokee Nation's commitment to self-governance and sovereignty. It is a testament to the resilience and continuity of the Cherokee people, who have persevered through internal disputes, violence, political conflict, and external pressures from the US government and neighbouring states.
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Frequently asked questions
The Cherokee Nation adopted a written constitution in 1827.
The 1827 constitution was modelled on that of the United States, with executive, legislative, and judicial branches, and was designed to solidify the tribe's sovereignty and resist removal.
Yes, the 1827 constitution was controversial. Some Cherokee people saw it as a threat to tradition, while the state of Georgia, which was pursuing Cherokee removal, thought it threatened its sovereignty over the tribe.
No, despite the 1827 constitution, the Cherokee were still removed from their lands in the 1830s, with many forced to relocate to the Indian Territory via the Trail of Tears.
Yes, the Cherokee Nation ratified a new constitution in 1839, which was preceded by contentious meetings between different Cherokee factions. This constitution was superseded by another in 1976, which was in turn replaced by a new constitution in 1999.
![The Act of union between the Eastern and Western Cherokees, the Constitution and amendments, and the laws of the Cherokee Nation, passed during the session of 1868 and subsequent sessi [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
