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CONSTlTUTlON OF THE CHOCTAW NATlON
Source: The Oklahoma Red Book By Oklahoma, Oklahoma, Seth K Corden, William B Richards
Compiled by Seth K Corden, Published by s.n., 1912

Submitted by Barb Ziegenmeyer


SUMMARY.
Preamble District Boundaries.

Art. l. Bill of Rights.
Art. ll. Distribution of Power.
Art. IIl. Legislative Department.
Art. IV. Judicial Department.
Art. V. Executive Department.
Art. Vl. lmpeachments.
Art. Vll. General Provisions. '
Art. VllI. Militia.
Art. IX. Mode of Amending and Revising the Constitution Schedule.


CONSTITUTION OF THE CHOCTAW NATION.

We, the representatives of the people inhabiting the Choctaw Nation contained within the following limits, to-wit: Beginning at a point on the Arkansas river, one hundred paces east of the Old Fort Smith, where the western boundary line of the State of Arkansas crosses the said river, and running thence due south to Red river; thence, up Red river to a point where the meridian of one hundred degrees west longitude crosses the same; thence, north along said meridian to the main Canadian river; thence, down said river to its junction with the Arkansas river; thence down said river to the place of beginning, except the territory bounded as follows, to-wit: Beginning on the north bank of Red river, at the mouth of island bayou, where it empties into Red river, about twenty-six miles on a straight line, below the mouth of the Washita; thence running a northwesterly course along the main
channel of said Bayou, to the junction of the three prongs of said Bayou, nearest the dividing ridge between Washita and Low Blue rivers, as laid down on Capt. R. L. Hunter's map; thence; northerly along the eastern prong of island Bayou to its source; thence, due north to the Canadian river; thence, west along the main Canadian to the ninety-eighth degree of west longitude; thence, south to Red river; and thence down Red river to the place of beginning; Provided, however, if the line running due north from the eastern source of island Bayou, to the main Canadian, shall not include Allen's or Wa-pa-nucka Academy within the Chickasaw District, then an off-set shall be made from said line, so as to leave said Academy two miles within the Chickasaw District; north, west, and south from the boundary, said boundaries being the limits of the Chickasaw District  assembled in Convention at the Town of Doaksville, on Wednesday, the eleventh day of January, one thousand eight hundred and sixty, in pursuance of an act of the General Council approved October 24, 1859, in order to secure to the citizens thereof the rights of life, liberty and property, do ordain and establish the following Constitution and form of government, and do mutually agree with each other to form ourselves into a free and independent Nation, not inconsistent with the Constitution, Treaties and Laws of the United States, by the name of the Choctaw Nation. .

DISTRICT BOUNDARIES.

For the convenience and good government of the people of the Choctaw Nation, we do make, ordain and establish four districts in this Nation, to be known by the following names and boundaries, viz: Mo-sho-Lattubbee District, Pushamataha District, Apuckshunnubbee District and Hotubbee District.
The boundary line of Mosholatubbee District shall begin near Old Fort Smith, where the Arkansas boundary line crosses the Arkansas river; thence up said river to the Canadian Fork; thence up said Canadian to where the Chickasaw District boundary strikes the same, as defined by the Treaty of 1855; thence along the said boundary, to where it strikes the dividing ridge, between the Canadian and Red rivers; thence easterly along said dividing ridge to the western boundary of the State of Arkansas; thence along said Arkansas line to the beginning.
The boundary of Apuckshunnubbee District shall begin on Red River, where the Arkansas State line strikes the same; thence running up said river to the mouth of Kiamichi; thence up said river to the mouth of Jack's fork to the old military road; thence along said road to the boundary line of Mosholatubbee District, on top of the dividing ridge, between the Arkansas and Red rivers; thence easterly along said boundary to the western boundary line of the State of Arkansas; thence along the said State line to the beginning.
The boundary of Pushamataha District shall begin on Red river at the mouth of Kiamichi; thence running up said Red river to the mouth of Island Bayou, to where the eastern boundary line of the Chickasaw District strikes said river, as defined by the Treaty of 1855; thence along said boundary line to the dividing ridge between the Canadian and Red rivers; thence easterly along said ridge to the line of Mosholattubee District, on the top of the dividing ridge, to where the district line of Apuckshunnubbee District intersects Mosholatubbee District; thence southerly along said line to beginning.
The boundaries of Hotubbee District shall be embraced within the limits of the ninety-eighth and one hundredth degree of west longitude, and between Red river and Canadian river, known as the "Lease Land."

ARTICLE I.

Declaration of Rights  That the general, great and essential principles of liberty and free government may be recognized and established, we declare:

Section 1. That all free men, when they form a social compact, are equal in rights, and that no man or set of men are entitled to exclusive, separate public emolument or privileges from the community, but in consideration of public services.


Sec. 2. That all political power is inherent in the people, and all free governments are founded on their authority and establishment for their benefit, and therefore they have at all times an inalienable and indefeasible right to alter, reform, or abolish their form of government in such manner as they may think proper or expedient.


Sect. 3. There shall be no establishment of religion by law. No preference shall ever be given by law to any religious sects, society denomination or mode of worship. And no religious test shall ever be allowed as a qualification to any public trust under this government.


Sec. 4. No human authority ought in any case whatever to control or interfere with the rights of conscience in matters of religion.


Sec. 5. No person shall for the same offense be twice put in jeopardy of life or limb, nor shall any person's property be taken from or applied to public use without the consent of the General Council, and without just compensation being first made therefor.


Sec. 6. No person shall ever be appointed or elected to any office in this Nation for life or during good behavior, but the tenure of all officers  shall be for some limited period of time. if the person appointed of elected thereto so long behave well.


Sec. 7. The right of trial by jury shall remain inviolate.


Sec. 8. Every citizen has a right to bear arms in defense of himself and his country.


Sec. 9. That the printing press shall be free to every person, and no law shall ever be made to restrain the rights thereof. The free communication of opinion is one of the inviolable rights of man, and every citizen may speak freely, write, and print on any subject, being responsible for the abuse of that liberty.


Sec. 10. That the people shall be secure in their persons, houses, papers and possessions from unreasonable seizures and searches, and that no warrant to search any place or to seize any person or thing shall issue, without describing the place to be searched and the person or thing to be seized as nearly as may be, nor without probable cause supported by oath or affirmation. But in all cases where suspicion rests on any person or persons of conveying or secreting whiskey or other intoxicating liquors, the same shall be liable to search or seizure as may .be hereafter provided by law.


Sec. 11. That no free man shall be taken, or imprisoned, or dis-seized of his freehold liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, and property, but by the judgment of his peers or the law of the land.


Sec. 12. No person shall ever be imprisoned for debt.


Sec. 13. That excessive ball shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.


Sec. 14. That all courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.


Sec. 15. That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their representatives, and apply to those invested with the powers of the government for redress or grievances, or other proper purposes, by petition, address or remonstrance.


Sec. 16. That no power of suspending laws shall be exercised except by the General Council or its authority.


Sec. 17. That in all criminal prosecutions, the accused hath a right to be heard by himself or counsel, or both, to demand the nature and cause of accusation, to be confronted by the witnesses against him, to have a compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county or district where the offense was committed; that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty, or property, but by the due course of law.


Sec. 18. That all prisoners shall, before conviction, be bailable by sufficient securities, except for capital offenses, where the proof is evident, or the assumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it.


Section 19. That the General Council shall have power to pass general laws in regard to the collection of fines, bonds, forfeitures, and court fees, and direct the manner of such collection.


Sec. 20. No property qualification for eligibility to office or for the right of suffrage, shall ever be required by law in this Nation.


Sec. 21. No conviction for any offense shall work corruption of blood and forfeiture of estate. The General Council shall pass no bill of attainder, retrospective law, nor law impairing the obligation of contracts.

ARTICLE II. , DISTRIBUTION OF POWER.


Sec. 1. The powers of government of the Choctaw Nation shall be divided into three distinct departments, and each of them confined to a separate body of magistracy, to-wit: Those which are Legislative to one, and those which are Executive to another, and those which are Judicial to another.


Sec. 2. No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereafter expressly directed or permitted by the General Council.

ARTICLE III  LEGISLATIVE DEPARTMENT.


Sec. 1. The legislative power of this Nation shall be vested in a General Council which shall consist of a Senate and House of Representatives, and the style of their laws shall be, "Be it enacted by the General Council of the Choctaw Nation assembled."


Sec. 2. The Senate of the Choctaw Nation shall be composed of four Senators from each District, chosen by the qualified electors thereof, for the term of two years.


Sec. 3. No person shall be a Senator who shall not have attained the age of thirty years and been one year a citizen of this Nation, and who shall not, when elected, be an inhabitant of that District at least six months preceding his election for which he shall be chosen.


Sec. 4. The House of Representatives shall be composed of members chosen every year by the qualified electors in the several counties of each District, at the ratio of one representative to every thousand citizens; nevertheless when there is a fractional number of five hundred or more citizens in any county, they shall be entitled to one additional representative; but when the population of any one of the counties shall not reach the ratio of one thousand, they shall still be allowed one representative.


Sec. 5. In case of death, resignation, or inability of any of the Senators or Representatives, the principal Chief shall have the power to make temporary appointments and fill vacancies that may occur in any of the counties.


Sec. 6. No person shall be a Representative unless he be a citizen of this Nation, and shall have been an inhabitant thereof six months next preceding his election, and the last month thereof a resident of the county for which he shall be chosen, and shall have attained the age of twenty- one years.


Sec. 7. The House of Representatives, when assembled, shall choose a Speaker and its other officers, and the Senate shall choose a President and its officers, and each shall judge the qualifications and election of its own members, but a contested election shall be determined in such

manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a small number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

Sec. 8. Every bill which shall have passed both houses of the legislature  shall be presented to the Principal Chief; if he approve, he shall sign it, but if not he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at largo upon a journal and proceed to reconsider it; if, after such reconsiderations, two-thirds of the members present shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be reconsidered; if approved by two-thirds of the members present, of that house, it shall become a law, but in such case the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill be entered on the journals of each house respectively; if any bill shall not be returned by the Principal Chief within three days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it. Every bill presented to the Principal Chief one day previous to the adjournment of the Legislature, and not returned to the house in which it originated before its adjournment, shall become a law, and have the same force and effect as if signed by the Principal Chief.


Sec. 9. Each house may determine the rules of its own proceedings, punish members for disorderly behavior, and with the consent of two- thirds expel a member, but not a second time for the same offense.


Sec. 10. Each house shall keep a journal of its proceedings and publish the same, and the yeas and nays of the members of either house, on any question, shall at the desire of any three members present be entered on the journal.


Sec. 11. Each house may punish, by imprisonment, during the session, any person not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings provided such imprisonment shall not at any time exceed forty-eight hours.


Sec. 12. Neither house shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.


Sec. 13. Each member of the General Council shall receive from the public treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall have been made.


Sec. 14. No person who hath Heretofore been, or hereafter may be a collector or holder of public moneys, shall have a seat in either house to the Great Council, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable.


Sec. 15. The first election for Senators and Representatives shall be general throughout the Nation, and shall be held on the first Wednesday in August, 1860, and thereafter there shall be biennial elections for Senators.


Sec. 16. Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during session of the General Council, and in going to and returning from the same.

ARTICLE IV. JUDICIAL DEPARTMENT.


Sec. 1. The Judicial power of this Nation shall be vested in one Supreme Court, in Circuit and County Courts.


Sec. 2 Until Hottubbee District shall be duly organized and officers elected therein under this Constitution, the Supreme Court shall be composed of three Supreme Judges, one to be chosen from Apuckshunnubbee District, one from Pushamataha District, and one from Mosholattubbee District, one of whom shall be styled Chief Justice, and two of whom shall constitute a quorum to do business.


Sec. 3. The Supreme Court shall have no jurisdiction but such as properly belongs to a court of errors and appeals.


Sec. 4. The Supreme Judges shall have power to issue writs and other process necessary to the exercise of their appellate jurisdiction and shall have original jurisdiction only in such cases as may hereafter be provided by law, and shall be conservators of the peace throughout the Nation.


Sec. 5. The Circuit Courts shall be composed of one Circuit Judge in each District, and shall have original jurisdiction in all criminal cases which shall not be otherwise provided for by law, and exclusive original jurisdiction of all crimes amounting to felony, and original jurisdiction of all civil cases which shall be cognizable before the Judges of the county, until otherwise directed by law, and original jurisdiction in all matters of contracts, and in all matters of controversy where the same is over Fifty Dollars. It shall hold its term at such time and places in each district as are now specified by law or may hereafter be provided.


Sec. 6. The Circuit Courts shall exercise a superintending contra! over the County Courts, and shall have power to issue all necessary writs and process to carry into effect their general and specific powers under such regulations and restrictions as may be provided by law.


Sec. 7. The Circuit Judge in each District shall be elected by the qualified voters of their respective Districts, and the General Council by a joint vote of both houses shall elect the Supreme Judges. Any person receiving the highest number of votes cast shall be elected.


Sec. 8. The Judges of the Supreme Court shall be at least thirty years of age, and Circuit Judges of the Circuit Courts shall be at least twenty-five years of age before they shall be eligible to hold the office, and when elected they shall serve for the term of four years from the date of their commission; they shall appoint their own clerks under such provisions as the law may provide.


Sec. 9. The Judges of the Supreme Court and Circuit Courts shall at stated times receive such compensation for their services which shall not be increased or diminished during the term for which they' are elected, as may be determined by law. They shall not be allowed any fees or prerequisites of office.


Sec. 10. There shall be a court established in each County of this Nation, to be called County Courts, which shall have jurisdiction to all matters relative to disbursement of money for county purpose, and in every other case that may be necessary to the internal improvement and local concerns of their respective counties.


Sec. 11. The Judges of the County Courts shall in no case have jurisdiction to try and determine any criminal case or penal offense against this Nation, but may sit as examining courts, and commit, discharge, or recognize to the court having jurisdiction for further trial for all offenses against the peace and dignity of this Nation; for the foregoing purposes, they shall have power to issue all necessary writs and process, to bind any person to keep the peace, or to give security for his good behavior.


Sec. 12. The County Judges shall be elected by the qualified electors of their respective counties, and shall be commissioned by the Principal Chief, and shall hold their office for. the term of two years.


Sec. 13. No Judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected to him by affinity or consanguinity, within such degree as may be prescribed by law, or in which he may have been of counsel, or have presided in any Circuit or County Courts, except by consent of all parties. In case any or all the Judges of the Supreme Court shall be thus disqualified from presiding on any cause or causes, the Court of Judges thereof shall certify the same to the Principal Chief of the Nation, who shall immediately commission the requisite number of men learned in law for the trial and determination thereof. But in case such disqualification shall take place in any of the Circuit or County Judges, the Circuit or County Judge shall have the power to appoint a substitute for that particular case for which he may be disqualified.


Sec. 14. Judges shall not charge juries with regard to matter of fact, but may state the testimony and declare the law.


Sec. 15. There shall be a Prosecuting Attorney elected in each District by the qualified electors of their respective District whose compensation and term of service shall be prescribed by law.


Sec. 16. The General Council shall have power by law to prescribe the manner of holding and determining suits in the Circuit and County Courts and the manner of granting appeals.


Sec. 17. The County Judges in addition to their respective duties that may be required of them by law, shall be Judges of the Courts of Probate and have such jurisdiction in matter relative to the estate of deceased persons, executors, administrators, and guardians as may be prescribed by law, until otherwise directed by the General Council.


Sec. 18. Writs and other Process shall run in the name of the Choctaw Nation, and be attest and signed by the Clerks of their respective courts from which they issue, and all indictments shall conclude against the peace and dignity of the Choctaw Nation.


Sec. 19. The General Council shall provide by law for determining contested elections of County Judges.


Sec. 20. The Supreme Court shall he held twice in each year at the Seat of Government of the Choctaw Nation.


Sec. 21. The County Judges shall appoint their own clerks who shall act as Treasurer of the County.

ARTICLE V.  EXECUTIVE DEPARTMENT.


Sec. 1. The Supreme Executive power of the Choctaw Nation shall be vested in the Principal Chief, assisted by three subordinate District Chiefs, who shall hold their respective offices for the term of two years from the time of their installation. But they shall not be eligible for the same office for more than two terms in succession.


Sec. 2. The Principal Chief of the Choctaw Nation shall be elected by the qualified electors of the Choctaw Nation, and the Subordinate Chiefs of the Choctaw Nation, shall be elected by the qualified electors of their respective Districts on the first Wednesday in August, eighteen hundred and sixty, and every two years thereafter.


Sec. 3. The returns for every election for Principal Chief shall be made out, sealed up and transmitted to the Supreme Judges of each District, to be forwarded by him to the National Secretary, who shall deliver them to the Speaker of the House of Representatives during the first week of its organization, who shall proceed to open and count the votes in the presence of both Houses of the General Council, and the person having the highest number of votes shall be declared Principal Chief by the Speaker. But if two or more shall be equal or highest in votes, then one of them shall be chosen Principal Chief by the joint ballot of both Houses of the General Council; but the returns of every election for District and County officers shall be made out, sealed and transmitted to the Supreme Judge of each District who shall proceed to open, take an abstract, and declare what candidates for District and County officers are elected, and forward a true copy of the same to the National Secretary who shall file them in his office for safe keeping.


Sec. 4. In case of death, resignation or removal of the Principal Chief, the President of the Senate shall exercise the duties of Principal Chief, until the next regular election for that office; but should the vacancy  be on account of the inability of the Principal Chief to discharge his duties, the President of the Senate shall exercise such of the said duties

until inability shall be removed.

Sec. 5. In the case of any vacancy occurring in the office of District Chiefs, the Principal Chief shall have the power to appoint a Chief, protem. in the District where such vacancy may occur until the next regular election for that office.


Sec. 6. No person shall be eligible to the office of Principal or District Chief unless he shall have attained the age of thirty years, and have been an inhabitant of the Choctaw Nation at least five years next preceding bis election.


Sec. 7. The Principal Chief shall from time to time give to the General Council information of the state of the Government, and recommend to their consideration such measures as he may deem expedient.


Sec. 8. The Principal Chief shall take care that the laws be faithfully executed.


Sec. 9. The Principal Chief, may by proclamation, on extraordinary occasions convene the General Council at the Seat of Government, or at a different place if that have become since their last adjournment, dangerous from an enemy or from contagious disease.


Sec. 10. In case of disagreement between the two houses with respect to the time of adjournment, the Principal Chief may adjourn them to such a time as he shall think best, not beyond the day of the next meeting of the General Council.


Sec. 11. All vacancies which may occur in offices that are elective by the people or General Council, the Principal Chief shall have power to fill such vacancies by appointment until the next regular election.


Sec. 12. No person shall hold the office, of Principal or District Chief, and any other office or commission, either in this Nation, or under any state or in the United States or any power, at one and the same time.


Sec. 13. The District Chiefs shall have such superintending control over the affairs of their respective districts as may be prescribed by the General Council. It shall be their duty to have the laws properly enforced in their respective limits. They shall form, from time to time report to the Principal Chief such information respecting the affairs of their

districts, and recommend for his consideration such measures as they may deem expedient.

Sec. 14. A Sheriff and Ranger shall be elected in each County by the qualified electors thereof, who shall hold their office for the term of two years unless sooner removed. And it shall be the duty of thie District Chiefs to appoint a competent number of light horsemen in their respective districts, as may hereafter be provided by law, who shall hold their offices for the term of two years unless sooner removed.


Sec. 15. The Principal Chief, National Secretary, National Treasurer, National Auditor, and National Attorney, Shall reside at, on near the Seat of Government.


Sec. 16. The Principal Chief shall be head-commander of the militia of this Nation.

ARTICLE VI.  IMPEACHMENTS. .


Sec. 1. The House of Representatives shall have the sole power of impeaching.


Sec. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be on oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.


Sec. 3. The Chiefs and all Civil Officers shall be liable to impeachment for and misdemeanor in office, but judgment in such case shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit under this Nation, but the party convicted shall nevertheless be liable and subject to indictment, trial, and punishment, according to law as in other cases.

ARTICLE VII. GENERAL PROVISIONS.


Sec. 1. Until Hotubbee District shall be duly organized, the Principal Chief of the Choctaw Nation shall exercise such authority over the citizens of this Nation, living in that District, as he may deem expedient for the protection of person, life and property.


Sec. 2. No person shall be Principal Chief, or Subordinate Chief, Senator, or Representative, unless he be a free male citizen of the Choctaw Nation, and a lineal descendant of the Choctaw or Chickasaw race.


Sec. 3. The General Council shall have the power to determine what county or counties shall be entitled to elect one or more Senators in the several Districts of this Nation.


Sec. 4. Members of the General Council and others officers both executive and judicial, before they enter upon the duties of their respective offices shall take the following oath or affirmation, to-wit: l do solemnly swear (or affirm, as the case may be) that l will support the Constitution of the Choctaw Nation, and that l will faithfully and impartially discharge, to the best of my abilities, the duties of the office of according to law. So help me God.


Sec. 5. The General Council shall have the power to determine the compensation of the Principal Chief, District Chiefs, and other officers of the Nation, which compensation shall not be increased or diminished for the term of years they are elected or appointed.


Sec. 6. The General Council shall have power by law to specify the manner in which offenders against the laws of this Nation who may escape into the United States, or into any Indian Nation, or from one District into another in this Nation, shall be demanded, apprehended, and arraigned for trial in the several courts of this Nation, having original jurisdiction.


Sec. 7. Every free male citizen of this Nation who shall have attained to the age of eighteen years, and who shall have been a citizen of this Nation six months, shall be deemed a qualified elector, and shall be entitled to vote in the county or district where he may have actually resided at least one month preceding the election for each and every office made elective in this Nation.


Sec. 8. All general elections shall be by ballot; and the electors in all cases, except in cases of treason, felony, and breach of the peace, shall be privileged from arrest during their attendance at elections and on going to and returning therefrom.


Sec. 9. The General Council shall have the power by law to establish one or more precincts in each county in the several districts of this nation, and prescribe the mode and manner of holding and conducting elections.


Sec. 10. The oath of office may be administered by any of the judges of this Nation until the General Council shall otherwise direct.


Sec. 11. The General Council shall have the power to pass such laws and measures as they shall deem expedient for the general good of the Choctaw people, provided no law be passed or adopted contrary to the provisions of this Constitution.


Sec. 12. The mode of declaring war in this Nation shall be by at least two-thirds of the members of the General Council, in full Council, with the approval of the Principal Chief, unless in case of actual invasion by an enemy, in which case the people shall have the right to defend themselves until the Council is convened by proclamation of the Principal Chief, and measures of defense prescribed..


Sec. 13. The Principal Chief shall have the power by and with advice and consent of the Senate, to appoint commissioners or delegates, to transact such business as may become expedient to the Choctaw Nation, and all other officers whose appointments are onto herein or otherwise provided for.


Sec. 14. The General Council of the Choctaw Nation shall have the power to pass such laws as they may deem expedient to punish rebellion, treason and other high crimes against the Nation.


Sec. 15. All contested elections for Principal Chief and other officers shall be determined as the law may prescribe.


Sec. 16. The General Council shall have the power to create by law, such regulations and commissions, and appoint Superintendents and such other officers, as the case may be, required for the promotion and advancement of all the schools in this Nation.


Sec. 17. Eighteen Thousand Dollars of the interest money arising from the Chickasaw fund, granted to the Choctaws by convention held and concluded at Doaksville, shall be set apart annually for educational purposes, and the remaining Seven Thousand Dollars shall be set apart annually, to be expended as the law may hereafter direct.


Sec. 18. Any citizen of this Nation who may find any mine or mines, mineral waters, shall have exclusive right and privilege to work the same, so long as he may choose, within one mile in any direction from his works or improvements; Provided, however. He does not interfere with the rights of the former settler.


Sec. 19. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the Civil Department of this Nation, nor shall be allowed his oath in any Court of Justice.


Sec. 20. The Treasurer of this Nation, together with all other persons who may be instructed with public money shall be required to give such bond and security as may be prescribed by law.


Sec. 21. No laws of a general nature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof.


Sec. 22. No money shall be drawn from the Treasury but in consequence of an appropriation made by law; an accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws, at every regular session of the General Council.


Sec. 23. That all the provisions in the Constitution, now in existence, and not revised or adopted by this Constitution, are hereby declared null and void; and that any law which may be passed contrary to the provisions herein specified shall be null and void, and all rights and powers not herein granted or expressed shall be reserved unto the people.


Sec. 24. Divorces from the bond of matrimony shall not be granted but in cases provided for by law.

ARTICLE III.
MILITIA.


Section 1. The General Council shall provide by law for organizing and disciplining the Militia of this Nation, in such manner as they shall deem expedient, not incompatible with the Constitution, Treaties and Laws of the United States, in relation thereto.


Sec. 2. Officers of the militia shall be elected or appointed in such manner as the General Council shall from time to time direct, and shall be commissioned by the Principal Chief.


Sec. 3. The principal Chief shall have power to call forth the Militia to execute the laws of the Nation, to suppress insurrections and repel invasions.
 

ARTICLE IX.
MODE OF AMENDING AND REVISING THE CONSTITUTION


Section 1. Whenever a majority of the members of the General Council assembled shall deem it necessary, they may propose an amendment or amendments to this Constitution; which amendments shall be submitted by the National Secretary, at least four months preceding the next regular election, at which the qualified voters shall vote directly for and against such proposed amendment, or amendments; and if it shall appear that a majority of the qualified voters shall have voted in favor of such amendment or amendments, then the same may be incorporated as a part of this Constitution at the next succeeding General Council.


Sec. 2. And if at any time, two-thirds of the Senate and the House of Representatives shall think necessary to revise and change this entire Constitution, they shall recommend to the electors, at the next election ^or members of the General Council, to vote for or against the convention, and it shall appear that a majority of the electors voting at such election have voted in favor of calling a Convention, to be holden within six months after the passage of such law; and such convention shall consist of delegates equal to the number of members in the House of Representatives of the General Council.

SCHEDULE.


Section 1. All matters now pending in the several courts of this Nation shall be transferred to such courts as may have proper jurisdiction thereof under this Constitution.


Sec. 2. All rights, prosecutions, claims on contracts, as well as of individuals as bodies corporate, and laws now in force at the time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the General Council, shall remain in full force.


Sec. 3. Any special appointments or contracts heretofore made and approved under existing laws or resolutions of the General Council, shall be approved by the Principal Chief of this Nation, and the appointees commissioned, and contracts so made ratified by him.


Sec. 4. In order that no inconvenience may result to the public service, from the taking effect of this Constitution, no office shall be suspended, nor any laws relative to the duties thereof be changed or abrogated, until the officers elected and appointed under this Constitution shall be duly qualified and enter upon their respective duties.


Sec. 5. Immediately after the Governor of the Nation shall make Proclamation that this Constitution is ratified by the people, then it shall be the duty of the President of this Convention to give notice forthwith to all the Probate Judges in this Nation, directing them to hold an election on the first Wednesday in August, A. D. 1860, for a Principal Chief, and all other officers. District and County, provided for in this Constitution, to be conducted in the manner prescribed by the existing election laws; should there be any vacancy, however, in the office of Probate Judge, then it shall be the duty of any of the county officers to order the said elections.


Sec. 6. The returns for the elections above directed shall be sent to the President of this Convention, who shall open and publish the game, giving certificates to those whom the returns show to be chosen for the various officers; the returns for Principal Chief shall be transmitted as the Constitution directs.


Sec. 7. The President of this Convention shall call to his aid two or more competent persons to aid him in making out the returns of the said elections.


Sec. 8. In the event the President of this Convention shall die, then the returns of the elections for Principal Chief and other officers shall be transmitted to the National Secretary, who shall proceed as in manner above directed.


Sec. 9. Until apportionment shall be made by law, in pursuance of this Constitution, for the election of Senators, the counties of three districts, singly and severally shall elect a Senator, or Senators for members to the General Council, as follows:

In Apukshanubee District.

Towson County One Senator,
Cedar County; Wade County One Senator.
Red River County; Boktucklo County One Senator.
Eagle County; Nashoba County One Senator.

In Pushmataha Districts.

Klamichi County One Senator.
Blue County One Senator.
Atoka County One Senator.
Jack's Fork County One Senator.
 

In Mosholatubbee District.
Sugar-Loaf County One Senator.
Skullyville County One Senator.
San Bols County One Senator.
Gaines County; Tobucksy County One Senator.

Sec. 10. The first election for members to the House of Representatives under this Constitution, shall consist of a number of members equal to the apportionment under the existing laws.

GEORGE HUDSON
president of the Convention.

W. A. DlBRELL, Clerk.

Delegates of the Convention.

Forbls Leflore L. P.
Pitchiyn
Ellis W. Folsom
Wm. McCoy
Joseph Dukes
Wm. S. Patton
Edmond Gardner
Joseph W. Folsom
John Picken (his X mark)
Stepen Holson S. P.
Willis
Alfred Shong
Pliny Fisk
Simon Conkill
Pistambee
Peter Waston (his X mark)
Daniel Watson (his X mark)
Daniel Miller
Adam Nail
Davis King

AMENDMENTS TO THE CONSTlTUTlON OF THE
CHOCTAW NATlON

Section 1. The National Secretary, National Treasurer, National Auditor, and National Attorney, shall be elected by the qualified electors of this Nation, who shall hold their offices for the term of two years and until their successors are elected and qualified, unless sooner removed; and they shall perform such duties as may be prescribed by law.

Sec. 2. The seat of government shall be permanently fixed at Armstrong Academy, and shall be called and known as Chata Tamaha, and the first and all future sessions of the General Council shall commence on the first Monday of October, 1863, and each and every year thereafter, and shall be held at the Cahta Tamaha aforesaid.

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