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the whole number of said votes shall be declared by the Speaker to be Governor. But if no person shall have a majority of said votes, or if two or more shall have an equal and the greatest number of said votes, then the said Legislature, on the second day of its organization, by joint vote of both Houses, shall proceed, without debate, to choose a Governor from the list of the names of the two persons having the greatest number of votes, or of the names of the persons having an equal and the highest number of votes so returned as aforesaid.
SEC. 5. The Governor shall receive, for his services, a compensation to be fixed by law, which shall neither be increased nor diminished during his continuance in office.
SEC, 6. The Governor shall have power to enforce the laws, assisted by the militia, if necessary. He shall have power to compel all the officers of this Nation (excepting the members of the Legislature) to discharge the duties of their respective offices; and for any neglect of duty, or other misdemeanor in office, he shall suspend the officer so offending, until a judgment is given of acquittal or condemnation.
SEC. 7. He may, by proclamation, on extraordinary occasions, convene the Legislature; and shall state to both Houses, when assembled, the purpose for which they shall have been convened. He shall, from time to time, give to the Legislature information, in writing of the state of the government; and recommend to their consideration such measures as he may deem expedient.
SEC. 8. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have the power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the meeting of the next Legislature.
SEC. 9. No person shall, while holding any office under this Nation, exercise the office of Governor.
Sec. 10. There shall be a seal of this Nation, which shall be kept by the Governor and used by him officially ; and shall be called “The Great Seal of the Chickasaw Nation."
Sec. 11. All commissions shall be in the name and by the authority of the Chickasaw Nation, and be sealed with the Great Seal, signed by the Governor, and attested by the National Secretary.
SEC. 12. Every bill which shall have passed both Houses of the Legislature, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it to the House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If, after such reconsideration, 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 each case the votes of both Houses shall be determined by yeas and nays. And the names of the menibers voting for and against the bill shall be entered on the Journals of each House respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it. Every bill presented to the Governor 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 effect as if signed by the Governor.
SEC. 13. Every order, resolution, or vote to which the concurrence of both Houses of the Legislature may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect be approved by him; or being disapproved, shall be re-passed by both Houses, according to the rules and limitations prescribed in the case of a bill.
SEC. 14 .Whenever the office of Governor shall become vacant by death, resignation, removal from office or otherwise, the President of the Senate shall exercise the office of Governor until another Governor shall be duly qualified; and in case of the death, resignation, removal from office, or other disqualification of the President of the Senate, so exercising the office of Governor, the Speaker of the House of Representative shall exercise the office until the President of the Senate shall have been chosen. And when the office of Governor, President of the Senate, and Speaker of the House, shall become vacant, in the recess of the Senate, the person acting as National Secretary for the time being shall, by proclamation, convene the Senate, that a President may be chosen to exercise the office of Governor. When either the President or the Speaker of the House of Representatives shall so exercise the duties of said office, he shall receive the
compensation of Governor only; and his duties as President or Speaker shall be suspended; and the Senate or House of Representatives, as the case may be, shall fill the vacancy until his duties as Governor shall cease.
Sec. 15. There shall be a National Secretary, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the Governor elect. He shall keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof; and shall perform such other duties as may be required of him by law. And for neglect of duty, or other misdemeanor in office, shall be subject to removal from office by the Governor.
Sec. 16. A National Treasurer and Auditor of Public Accounts shall be appointed by the Governor, by and with the advice and consent of the Senate, for the term of two years. Their term of office to commence with the Governor elect. And, in case of vacancy in either of the above offices, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy by appointment, for the unexpired term of the former incumbent.
Sec. 17. When any office shall from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, by granting a commission, which shall expire at the end of the Legislature, or at the next election by the people.
SEC. 18. The offices of Governor, National Secretary, Treasurer, Auditor of Public Accounts, and Attorney General, shall be kept at the seat of government; and the Governor, National Secretary, Treasurer, Auditor of Public Accounts, and Attorney-General, shall attend at the seat of government, quarterly, and during each session of the Legislature, to attend to the duties of their respective offices.
ARTICLE VI Judicial department
SECTION 1. The Judicial powers of this Nation shall be vested in one Supreme Court, in District Courts, and in such County Courts as the Legislature, may, from time to time, ordain and establish, and as may be deemed necessary and be directed by law.
SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associates, any two of whom shall form a quorum.
Sec. 3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the Nation, under such restrictions and regulations, not repugnant to this Constitution, as may, from time to time, be prescribed by law; Provided, nothing in this article shall be so construed as to prevent the Legislature from giving the Supreme Court original jurisdiction in capital cases, when the Judge of the District Court may be interested or prejudiced.
SEC. 4. The Supreme Court shall have power to issue such writs as shall be necessary to enforce its own jurisdiction; and also compel a judge of the District Court to proceed to trial and judgment in a cause; and shall hold its session twice in each and every year at the seat of government, commencing on the first Mondays of the month of April and October.
SEC. 5. The Supreme Court shall appoint its own clerk, who shall hold his office for four years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law.
'Sec. 6. The Legislature shall, by joint vote of both Houses, elect the Judges of “the Supreme and Circuit Courts, a majority of the whole number in joint vote being necessary to a choice. The Judges of the Supreme and Circuit Courts shall be at least 30 years of age. They shall hold their office during the term of four years from the date of their commission.
Sec. 7. The Circuit Court shall have original jurisdiction over 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 not be cognizable before County Judges, until otherwise directed by the Legislature; an original jurisdiction in all matters of controversy where the sum or amount in dispute is over one hundred dollars. It shall hold its term in such place in each county as may be by law directed.
SEC. 8. Each county of this Nation shall constitute one Judicial District, until otherwise provided for by law.
SEC. 9. The Circuit Courts shall have power to issue all writs necessary to enforce their own jurisdiction, and have a superintending control and jurisdiction over County Courts, and of all cases of divorce, and of all suits, complaints and pleas whatever, without regard to any distinction between law and equity.
Sec. 10. There shall be a Clerk of the District Court for each county, who shall have their appointment from the District Judge, and shall hold his office for two years.
SEC. 11. The Judges of the Supreme Court and District Courts shall receive such compensation for their services as may be provided for by law; and such salaries shall not be increased or diminished during their continuance in office.
Sec. 12. There shall be established in each county in this Nation, a Court, to be be called the County Court, which shall have jurisdiction in all matters in controversy in any sum not exceeding the value of one hundred dollars.
SEC. 13. There shall be elected, by the qualified electors of the respective counties, a Judge of the County Court, to be commissioned by the Governor, and hold his office for the term of two years, and until his successor is elected and qualified. He shall, in addition to the duties that may be required of him by law, as a presiding Judge of the County Court, be a Judge of Probate Court, and have such jurisdiction in matters relative to the estate of deceased persons; to appoint guardians, granting letters testamentary and of administration; to settle the accounts of executors and administrators and guardians; and the District Court shall have original and appellate jurisdiction, and general control over the said County Court, under such regulations as may be prescribed by law.
SEC. 14. In the trial of all causes in equity in the District Court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law.
Sec. 15. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. When the Supreme Court, or any two of its members, shall be thus disqualified to hear and determine any cause or causes in said court, by reason of the equal division of opinion of said Judges, the same shall be certified to the Governor of the Nation, who shall immediately commission the requisite number of persons for the trial and determinttion of said case or cases. When the Judges of the District Court are thus disqualified, the parties in controversy may, by consent, appoint a proper person to try the case, but in case of disagreement to appoint a proper person by the parties, the same shall be certified to the Governor, to be proceeded with as in the case of Supreme Judges. The disqualification of Judges of County Courts shall be remedied as may hereafter be by law prescribed.
Sec. 16. There shall be one District Attorney elected, by the qualified electors of this Nation, who shall hold his office for two years, and his duties, salary and perquisites shall be prescribed by law. He shall also act as Attorney-General for the Nation.
Sec. 17. There shall be elected, by the qualified electors of each county, one Sheriff and a sufficient number of Constables, who shall hold their office for two years; and the duties and perquisites shall be prescribed by law. The Sheriff shall not be eligible more than four years in every six.
Sec. 18. All Judges of the several courts of this Nation shall, by virtue of their offices, be consérvators of the peace throughout the Nation. The style of all writs and process, shall be "The Chickasaw Nation." All prosecutions shall be carried on "In the name, and by the authority of the Chickasaw Nation," and conclude "Against the peace and dignity of the Nation."
SECTION 1. Members of the Legislature, and all officers, shall take the following oath or affirmation, before they enter upon the duties of their office : "I (A. B.), do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me, as, according to the best of my skill and ability, agreeably to the Constitution and laws of the Chickasaw Nation, so help me God.”
Sec. 2. Treason against this Nation shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. And any person guilty of treason shall suffer death.
Sec. 3. All property, both real and personal, of the wife owned and claimed by her before marriage, and that acquired afterwards by gift, devise or descent, shall be her separate property. And laws shall be passed more clearly defining the rights of the wife, in relation, as well as to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Sec. 4. Divorces from the bonds of matrimony shall not be granted, but in cases provided for by law, by suit in the District Court of this Nation.
Sec. 5. The Legislature shall determine the number of Annuity Captains, as well as to prescribe the mode and manner they shall be chosen, to superintend the payments of Chickasaw annuities.
SEC. 6. Every person shall be disqualified from holding any office or place of honor or profit, under the authority of this Nation; who, shall be convicted of having given or offered any bribe to procure his election or appointment. Laws shall be made to exclude from office and from suffrage, and provide for the mode and manner of punishing those who may hereafter be convicted of bribery, perjury, or other high crimes and misdemeanors.
SEC. 7. That every white person, who having married a Chickasaw Indian, or who has been adopted by the legislative authorities of said Nation shall be entitled to all the rights, privileges and immunities guaranteed to them only by the thirty eighth Article of the Treaty of 1866, with the Choctaw and Chickasaw Indians.
SEC. 8. No person, but a citizen, shall hold any office of profit created, or which may hereafter be created, under this Constitution; and no citizen shall fill more than one office at the same time.
Sec. 9. No retrospective payments shall be made out of the Chickasaw monies, to any person herein adopted, or which may hereafter be adopted under this Constitution,
SEC. 10. The Legislature shall have power, by law, to admit or adopt, as citizens of this Nation, such persons as may be acceptable to the people at large.
Sec. 11. Whenever two-thirds of both branches of the Legislature deem it necessary, they may propose amendments to this Constitution; and if two-thirds of both branches of the succeeding Legislature approve such amendments, they shall be engrafted to, and form a part of this Constitution.
SEC. 12. The Legislature shall provide for the election of all officers necessary to carry into effect the general and specific powers of the several courts of this Nation, not otherwise provided for in this Constitution.
Sec. 13. The Legislature shall prescribe the manner of making marriage lawful.
Sec. 14. The Legislature shall limit the annual rate of interest on writing obligations for the payment of money.
Sec. 15. All general elections by the people for officers under this Constitution shall be held on the second Wednesday in August, in each year. The Legislature shall prescribe the manner of conducting said elections.
SEC. 16. That no inconvenience may arise from the political separation between the Choctaws and Chickasaws, it is hereby declared, that all rights, privileges, and immunities of citizens secured under the "5th Article of the Treaty of June 22, 1855," to all Choctaws who are now, or may hereafter become residents within the limits of the Chickasaw Nations, are fully recognized and protected. And all the rights of property acquired by virtue of the Constitution and laws of the Choctaw Nation, shall remain precisely in the same situation they were before the adoption of this Constitution.
Sec. 17. The Legislature shall provide for the confinement of convicts, or persons accused of crime, previous to trial. Also the manner of punishment for all crimes and misdemeanors committed against the laws of this Nation.
Sec. 18. The oath of office may be administered by any Judge of this Nation,
Sec. 19. All rights and powers not herein granted or expressed, are reserved unto the people; and any law that may be passed contrary to the provisions of this Constitution shall be null and void.
SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the Legislature of this Nation to make suitable provisions for the support and maintenance of Public Schools.
SEC. 2. A Superintendent of Public Instruction shall be elected by joint vote of both Houses of the Legislature, who shall keep his office at the seat of government, and shall hold his office for the term of four years from the date of his election, whose duties shall be prescribed by law, and shall receive such compensation as the Legislature may direct.
SEC. 3. The Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement, and such other means as shall be inviolably appropriated to the support of general education throughout this Nation.
SEC. 4. All contracts which may be made and entered into between the Board of Trustees of Public Schools, and that of the Teachers shall be binding; subject, however, to the approval or disapproval of the Legislature. Done in Convention at Camp Harris, this sixteenth day of August 1867.
CHAS. P. H. PERCY,
President. THOMAS DREUNEN, EDMUND PERRY,
Chairman ABOUREZK. Do you have a Choctaw constitution, Mr. Sam?
Mr. SAM. Yes; we have one. We would also like to submit a detailed statement at a later time.
Chairman ABOUREZK. Yes, the record will be held open for 10 days.
[Subsequent to the hearing, Mr. Sam submitted the following material:
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