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Sec. 2. No person, except a natural born citizen, shall be eligible to the office of Principal Chief; neither shall any person be eligible to that office who shall not have attained teh age of thirty-five years.

Sec. 3. There shall also be chosen, at the same time by the qualified electors, in the same manner for two years, an Assistant Principal Chief, who shall have attained to the age of thirty-five years.

Sec. 4. In case of the removal of the Principal Chief from office, or of his death, or resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Assistant Principal Chief.

Sec. 5. The National Council may, by law, provide for the case of removal, death, resignation, or disability of both the Principal and Assistant Principal Chief, declaring what officer shall then act as Principal Chief until the disability be removed or a Principal Chief shall be elected. Sec. 6. The Principal Chief and the Assistant Principal Chief shall, at stated times, receive for their services a compensation which shall neither be increased nor diminished during the period for which they shall have been elected, and they shall not receive within that period any other emolument from the Osage Nation or any other government. Sec. 7. Before the Principal Chief enters on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the duties of Principal Chief of the Osage Nation, and will, to the best of my ability preserve, protect, and defend the Constitution of the Osage Nation.

Sec. 8. He may,

on extraordinary occasions convene the National Council at the seat of government.

Sec. 9. He shall, from time to time, give to the council information of the state of the government and recommend to their consideration such measures as he may deem expedient.

Sec. 10. He shall take care that the laws be faithfully executed. Sec. 11. It shall be his duty to visit the different districts at least once in two years, to inform himself of the general condition of the country.

Sec. 12. The Assistant Principal Chief, shall, by virtue of his office, and advise the Principal Chief in the administration of the government at all times during his continuance in office.

Sec. 13. Vacancies that may occur in offices, the appointment of which is vested in the National Council shall be filled by the Principal Chief during the recess of the National Council, by granting commissions which may expire at the end of the next session thereof.

Sec. 14. Every bill, which shall pass the National Council, shall, before it becomes a law, be presented to the Principal Chief; if he approves he shall sign it, but if not, he shall return it with his objections to the Council, who shall enter the objections at large on their journals, and proceed to reconsider it.

If, after such consideration, two-thirds of the council shall agree to pass the bill, it becomes a law, if any bill shall not be returned by the Principal Chief within five days (Sunday excepted) after the same has been presented to him, it shall become law, in like manner as if he had signed; unless the National Council, by their adjournment, prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting.

Sec. 15. Members of the National Council and all officers, executive and judicial, shall be bound by oath, to support the constitution of their Nation; and to perform the duties of their respective offices with fidelity. Sec. 16. The Principal Chief shall, during the session of the National Council, attend at the seat of government.

Sec. 17. The Principal Chief shall recommend three persons, to be appointed by the National Council, whom the Principal Chief shall have full power at his discretion to assemble; he, together with the Assistant

Sig. 16.

Principal Chief and the Councillors, or a majority of them, may, from time to time, hold and keep a council from ordering and directing the affairs of the Nation according to law.

The members of the Executive Council shall be chosen for the term of two years.

Sec. 19. The Treasurer of the Osage Nation shall be chosen by the National Council for the term of two years.

Sec. 20. The Treasurer shall, before entering on the duties of his office, give bond to the Nation with sureties to the satisfaction of the National Council, for the faithful discharge of his trust.

Sec. 21. No money shall be drawn from the Treasury but by warrant from the Principal Chief, and in consequence of appropriations made by law.

Sec. 22. It shall be the duty of the Treasurer to receive all public moneys, and to make a regular statement and account of the receipts and expenditures of all public moneys at the annual session of the National Council.

Sec. 23. The "fiscal year" of the Osage Nation shall begin on the first day of October, and close on the 30th day of September of each year; and all books and accounts of the treasurer, shall be kept and duties of his office performed in regard to the beginning and ending of the fiscal year. The National Treasurer shall receive for his services ten (10) per cent of all money that may pass through his hands as provided by law.

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Section 1. The judicial powers shall be vested in a Supreme Court. and such Circuit and Inferior Courts as the National Council may from time to time, ordain and establish.

Sec. 2. The Judges of the Supreme and Circuit Courts shall hold their commission for the term of two years, but any of them may be removed from office on the address of two-thirds of the National Council to the Principal Chief, for that purpose.

Sec. 3. The Judges of the Supreme Court and the Circut Court, shall at stated times receive a compensation which shall not be diminished during their continuance in office, but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the government of this Nation or any other power.

Sec. 4. No person shall be appointed a judge of any of the Courts, until he shall have attained the age of thirty years.

Sec. 5. The Judges of the Supreme and Circuit Court shall be elected by the National Council.

Sec. 6. The Judges of the Supreme Court and of the Circuit Court shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law.

Sec. 7. No judge shall sit on trial of any case when the parties are connected (with him) by affinity or consanguinity except by consent of the parties. In case all of the Judges of the Supreme Court shall be interested in the issue of any court or related to all or either of the parties, the National Council shall provide by law for the selection of a suitable number of persons of good character and knowledge for the determination thereof, and who shall be specially commissioned for the adjudication of such case by the Principal Chief.

Sec. 8. All writs and other process shall run "in the name of the Osage Nation" and bear test and be signed by the respective clerks.

Sec. 9. Indictments shall conclude against the peace and dignity of the Osage Nation.

Sec. 10. The Supreme Court shall, after the present year, hold its

session three times a year at the seat of government, to be convened on the first Monday in October, February and June of each year.

Sec. 1. In all criminal prosecutions the accused shall have the night of being heard; of demanding the nature of accusation; of meeting the witness face to face; of having compulsory process for obtaining witnesses in his or their favor, and in prosecutions by indictment or information; a speedy public trial; nor shall the accused be compelled to give evidence against himself.

All persons shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or presumption great.

ARTICLE VI.

Section 1. No person who denies the being of a God or a future state of reward and punishment, shall hold any office of the civil department in this Nation.

Sec. 2. When the National Council shall determine the expediency of appointing delegates or other public agents for the purpose of transacting business with the government of the United States, the Principal Chief shall recommend, and by the advice and consent of the National Council appoint and commission such delegates or public agents accordingly on all matters of interest touching the rights of the citizens of this Nation which may require the attention of the United States Government. Sec. 3. All commissions shall be in the name and by authority of the Osage Nation, and signed by the Principal Chief. The Principal Chief shall make use of his private seal until a National one shall be Frovided.

Sec. 4. A Sheriff shall be elected in each district by the qualified electors thereof, who shall hold his office two years unless sooner removed. Should a vacancy occur subsequent to election, it shall be filled by the Principal Chief as in other cases, and the person so appointed shall continue in office until the next regular election.

Sec. 5. The appointment of all officers not otherwise directed by this Constitution shall be elected by the National Council.

Sec. 6. The National Council may propose such amendments to this Constitution as two-thirds of the council may deem expedient, and the Frincipal Chief shall issue a proclamation directing all officers of the several districts to promulgate the same as extensively as possible within their respective districts at least six months previous to the next general election, and if, at the first session of the council, after such general election, two-thirds of the council shall by the ayes and noes ratify such proposed amendments, they shall be valid to all extent and purpose as part of this constitution, Provided, That such proposed amendments shall be read on three several days in council, as well as when the same are proposed as when they are ratified.

Done in convention at Pawhuska,

December, A. D. 1881.

Osage Nation, this 31st day of

JAMES BIGHEART,

President of the National Convention.

Ne kah ke pon ah

Wah ti an kah

Saucy Chief

Tah wah che he

William Penn

Clamore

Two giver

Tall Chief

Sa tah ke ah

Black Dog

PAUL AKIN, Interpreter.

E. M. MATHEWS, Secretary.

Thomas Big Chief

Ne kah wah she ton kah Joseph Pawneeopahshe White Hair

Cyprian Tayrian

CHEROKEE TREATY.

CONCLUDED JULY 8, 1817.

SUMMARY.

Art. Art.

I. Cession of Eastern Lands to United States.
II. (

Art. III. Providing for a Census of the Cherokee Indians.
Art. IV. Providing for Apportionment of Lands.
Art. V.

Art.

VI.

Art. VII.

Art. VIII.

Art.

Art.

Art.

Defining the Boundary Line of Western Lands exchanged for the Eastern Cession.

Considerations for Improvements.

Providing for the Cherokee Poor and Decrepit.
Providing for Descent and Distribution.

IX. Reserving the Right of Free Navigation on Navigable

Streams.

X. Abrogating Certain Treaty Rights of 1806.

XI. Providing for a Boundary Commission.

Art. XII.

Providing U. S. Protection from Intrusions until Ratification of Treaty.

Art. XIII. Providing for Ratification.

Articles of treaty at the Cherokee Agency, within the Cherokee Nation, between Major General Andrew Jackson, Joseph McMinn, Governor of the State of Tennessee, and General David Merriwether, Commissioners Plenipotentiary of the United States of America, of the one part, and the chiefs, head men, and warriors, of the Cherokee Nation, east of the Mississippi river and the chiefs, head men, and warriors, of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rogers, duly authorized by the Chiefs of the Cherokees on the Arkansas river in open council by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware.

Whereas, in the autumn of the year one thousand eight hundred and eight, a deputation from the upper and lower Cherokee towns, duly authorized by their Nation, went to the City of Washington, the first named to declare to the President of the United States their anxious desire to engage in the pursuits of agriculture and civilized life, in the country they then occupied, and to make known to the President of the United States the impracticability of inducing the Nation at large to do this, and to request the establishment of a division line between the upper and lower towns, so as to include all the waters in the Hiwassee river to the upper Town, that by thus contracting their society within narrow limits, they proposed to begin the establishment of fixed laws and a regular government; the deputies from the lower towns to make known their desire to continue the hunter life, and also the scarcity of game where they then lived, and, under those circumstances, their wish to remove across the Mississippi river on some vacant lands of the United States. And whereas the President of the United States maturely considering the petitions of both parties, on the ninth day of January, A. D.

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