Simone Lawson
The Cherokee Nation has had several constitutions throughout its history. The first was written and adopted on July 26, 1827, modelled on the US Constitution, with executive, legislative, and judicial branches, adapted for Cherokee needs. The 1827 constitution was superseded by a new constitution in 1839, which was itself superseded by another in 1976. The most recent constitution was drafted in 1999 and ratified in 2003.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 July 1827 |
| Date of publication | 21 February 1828 |
| Date of drafting | Unknown; before 26 July 1827 |
| Date of ratification | Unknown; after 21 February 1828 |
| Written in | Sequoyah's Cherokee syllabary |
| Literacy rate | Almost total |
| Branches of government | Executive, legislative, and judicial |
| Inspired by | The Constitution of the United States |
| Superseded by | The Cherokee Nation Constitution, 1839 |
| Superseded by | The Constitution of the Cherokee Nation of Oklahoma, 1976 |
| Superseded by | The Cherokee Nation's Constitution, 1999/2003 |
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What You'll Learn
- The first Cherokee Constitution was written in 1827
- It was published in the Cherokee Phoenix on 21 February 1828
- It was modelled on the US Constitution, with adaptations for Cherokee needs
- It was designed to resist white encroachment and counter stereotypes of Indians as savages
- A new constitution was ratified in 1839, modelled on the 1827 version
The first Cherokee Constitution was written in 1827
The Cherokee Nation, which was carving out a permanent, sovereign home within the United States in the 1820s, adopted its first constitution on July 26, 1827. This constitution was modelled on that of the United States, with executive, legislative, and judicial branches, but adapted to meet the Cherokee Nation's specific needs. It was written using Sequoyah's Cherokee syllabary, which allowed for almost total literacy among the tribe. The constitution was designed to solidify the tribe's sovereignty and resist white encroachment, removal, and stereotyping of Native Americans as savages.
The constitution established New Echota, near present-day Calhoun, as the capital of the Cherokee Nation and the home of the Cherokee National Council. The legislative power was vested in two distinct branches: a Committee and a Council, each with the power to veto the other, and both styled the General Council of the Cherokee Nation. The General Council had the power to make all laws and regulations deemed necessary and proper for the good of the Nation.
The constitution also outlined eligibility requirements for holding office in the General Council. Only free Cherokee male citizens aged 25 or older could be members of the General Council. The descendants of Cherokee men by all free women, except African women, were entitled to all the rights and privileges of the Nation, as were the posterity of Cherokee women by all free men. However, no person of negro or mulatto parentage was eligible to hold any office of profit, honour, or trust under the government.
Despite the constitution's aim of solidifying the tribe's sovereignty, it proved controversial. Some Cherokee people saw it as a threat to tradition, while the state of Georgia viewed it as a challenge to its sovereignty over the tribe and continued its pursuit of Cherokee removal. The 1827 constitution was superseded by a new constitution in 1839, which was in turn superseded by another constitution in 1976.
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It was published in the Cherokee Phoenix on 21 February 1828
The Cherokee Nation Constitution was published in the Cherokee Phoenix on 21 February 1828. It was modelled on the United States Constitution, with executive, legislative, and judicial branches, but adapted to meet the Cherokee Nation's specific needs. The Cherokee people had achieved almost total literacy thanks to Sequoyah's syllabary, which allowed them to write their laws and establish a Cherokee Supreme Court.
The capital of the Cherokee Nation was New Echota, near present-day Calhoun. The constitution was designed to strengthen the tribe's sovereignty and resist white encroachment and removal, as well as to counter stereotypes of Native Americans as savages. Despite these intentions, the constitution proved controversial within the Cherokee Nation, with some seeing it as a threat to tradition.
The 1828 constitution included provisions such as the vesting of legislative power in a Committee and a Council, each with the ability to veto the other, and both comprising the General Council of the Cherokee Nation. It also stated that no person of negro or mulatto parentage could hold any office of profit, honour, or trust under the Cherokee government.
The Cherokee Nation Constitution was superseded by a new constitution in 1839, which was itself replaced in 1976. The most recent constitution was drafted in 1999 and ratified in 2003.
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It was modelled on the US Constitution, with adaptations for Cherokee needs
The Cherokee Nation Constitution was first written in 1827, with the official publication of its first volume occurring on February 21, 1828. It was modelled on the US Constitution, with adaptations to meet the needs of the Cherokee Nation.
The Cherokee people had achieved almost total literacy thanks to Sequoyah's Cherokee syllabary. This meant that written laws could be established, leading to the formation of a Cherokee Supreme Court. The capital of the Cherokee Nation was established in New Echota, near present-day Calhoun.
The Cherokee Constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal. It also aimed to counter white stereotypes of Native Americans as savages. The Constitution was structured with executive, legislative, and judicial branches, similar to the US Constitution. The legislative power was vested in two distinct branches: a Committee and a Council, with each branch having the power to veto the other. The Council was to be chosen by electors, with each house of the Council electing its own officers.
The Cherokee Constitution also addressed eligibility requirements for holding office. For example, only free Cherokee male citizens aged 25 or older could hold a seat on the General Council. Additionally, it specified that no person of "negro or mulatto parentage" was eligible to hold any office of profit, honour, or trust within the government.
While the Cherokee Constitution was designed to assert the sovereignty of the Cherokee Nation, it faced opposition from both within the tribe and from external forces. Some Cherokee people viewed it as a threat to their traditional ways, while the state of Georgia saw it as a challenge to its sovereignty over the tribe. Despite these challenges, the Cherokee Nation continued to revise and adapt their Constitution over time, with subsequent versions adopted in 1839, 1976, and 1999.
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It was designed to resist white encroachment and counter stereotypes of Indians as savages
The Cherokee Constitution was written and adopted on July 26, 1827, and was published on February 21, 1828. It was modelled on the US Constitution, with executive, legislative, and judicial branches, but adapted to meet the Cherokee Nation's specific needs.
The Cherokee Nation was establishing a permanent, sovereign home within the United States in the 1820s. The Cherokee people could boast almost total literacy due to Sequoyah's syllabary. This meant that written laws could be formed, and a Cherokee Supreme Court was established. New Echota, near present-day Calhoun, was established as the capital of the Cherokee Nation.
The Cherokee Constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal. The Cherokee Nation was facing increasing pressure from the state of Georgia, which sought to exert sovereignty over the tribe and remove them from their land. The discovery of gold on Cherokee land further exacerbated this issue, with Georgia passing legislation to forbid the Cherokee from digging for gold on their own territory. The Constitution was also designed to counter stereotypes of Native Americans as savages.
The Cherokee Constitution proved controversial, both among the Cherokee, who saw it as a threat to tradition, and the state of Georgia, which saw it as a threat to its sovereignty over the tribe. Despite the adoption of the Constitution, Georgia continued its pursuit of Cherokee removal. In 1828, with the election of Andrew Jackson, a supporter of the Indian Removal Bill, the conflict accelerated. By 1830, Jackson had signed the Indian Removal Act, and by 1838, the Cherokee had been forced off their land and pushed west towards the Mississippi River.
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A new constitution was ratified in 1839, modelled on the 1827 version
In 1839, the Cherokee Nation ratified a new constitution, modelled on the 1827 version. This new constitution was designed to provide a framework for the Cherokee government and tribal laws, with the aim of preserving their sovereignty and culture, as well as achieving prosperity and freedom. The 1839 constitution superseded the previous one, which had been enacted in 1835, and it was, itself, superseded by a new constitution in 1976.
The 1827 constitution, which the 1839 version was based on, was created during a period when the Cherokee Nation was establishing a permanent, sovereign home within the United States. This constitution was modelled on the United States Constitution, with executive, legislative, and judicial branches, but adapted to meet the unique needs of the Cherokee Nation. It was written using Sequoyah's Cherokee syllabary, which allowed for almost total literacy among the tribe. The 1827 constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal, as well as to counter negative stereotypes of Native Americans as savages.
The 1839 constitution came about after a period of internal disputes, violence, and political conflict within the Cherokee Nation. The Nation was divided between those who had voluntarily migrated to the Cherokee Reservation in the Indian Territory (present-day eastern Oklahoma) and those who had opposed removal until being forced by the Army. Despite these challenges, the Cherokee people came together under the new constitution, which provided a framework for their government and laws.
The 1839 constitution, like its predecessor, affirmed the sovereignty of the Cherokee Nation and established a tripartite government. It recognised John Ross as the Principal Chief and enjoyed broad popular support. The constitution also led to the establishment of the Cherokee Advocate newspaper in 1844, which was published in both English and Cherokee. The Cherokee National Council, the Nation's legislature, was based in the capital of Tahlequah, where they built government buildings, schools, businesses, and homes.
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Frequently asked questions
The first Cherokee Constitution was written on July 24, 1827 and published on February 21, 1828.
The Cherokee Constitution was modelled on the Constitution of the United States, with executive, legislative, and judicial branches, adapted for Cherokee needs.
The Cherokee Constitution was written in English and in Cherokee, using Sequoyah's Cherokee syllabary.
The Cherokee Constitution was published in the Cherokee Phoenix.
The Cherokee Constitution led to the formation of a Cherokee Supreme Court and established New Echota as the capital of the Cherokee Nation. It also solidified the tribe's sovereignty and resisted white encroachment and removal.
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