CHAPTER XVI. ARTICLE I. RULES FOR CONSTRUING THE COMPILED LAWS OF THE CHEROKEE NATION. SEC. 1. All words and phrases used in the statutes of this Nation shall be construed according to their common and ordinary acceptation and meaning; but technical words and phrases shall be construed according to their technical meaning, as established by the profession using them. SEC. 2. Words used in the singular number only, either as descriptive of persons or things, shall extend to and embrace the plural number also; and in like manner words used in the plural number, shall extend to and embrace the singular number, except where a contrary intention is expressed. SEC. 3. The word "month" shall be understood to mean a calendar month, and the word "year" a calendar year, unless a contrary intention is expressed. SEC. 4. The word "person" shall apply to artificial as well as natural persons. SEC. 5. Words in the masculine gender shall embrace a female, as well as a male, unless a contrary intention is manifest. SEC. 6. When process shall be required to be days, the day of notice, shall be served, or notice given any number of serving the process, or of giving the excluded, and the day of appearance included, and so in all other cases where any number of days shall be prescribed, one day shall be excluded and the other included. When the last day falls on Sunday, it shall be excluded, but in all other cases Sunday shall be reckoned in the computation of time. CHAPTER XVII. ARTICLE I. COMPACT BETWEEN THE SEVERAL TRIBES OF INDIANS. SEC. 1. The removal of the Indian tribes from the homes of their fathers, east of the Mississippi, has there extinguished our ancient ancient council fires, and changed our position in regard to each other; and whereas, by the solemn pledge of treaties, we are assured by the government of the United States, that the lands we now possess shall be the undisturbed home of ourselves and our posterity forever; therefore, we, the authorized representatives of the several Nations, parties hereunto, assembled around the great council fire kindled in the west at Tahlequah, in order to preserve the relations between our several communities, to secure to all their respective rights, and to promote the general welfare, do enter into the following compact: SEC. 2. Peace and friendship shall forever be maintained between the Nations, parties to this compact, and between their respective citizens. SEC. 3. Revenge shall not be cherished, nor retaliation practised, for offenses committed by individuals. SEC. 4. To provide for the improvement of our people in agriculture, manufactures, and other domestic arts, adapted to promote the comfort and happiness of our women and children, a fixed and permanent location on our lands is an indispensable condition. In order, therefore, to secure these important objects, to prevent any future removal, and to transmit to our posterity an unimpaired title to the lands guaranteed to our respective Nations by the United States, we hereby solemnly pledge ourselves to each other, that no Nation, party to this compact, shall, without the consent of all the other parties, cede, or in any manner alienate, to the United States, any part of their present territory. SEC. 5. If a citizen of one Nation commits wilful murder, or other crime, within the limits of another Nation, party hereto, he shall be subject to the same treatment as if he were a citizen of that Nation. SEC. 6. In cases of property stolen, or taken by force or fraud, the property, if found, shall be restored to the owner; but if not found, the convicted person shall pay the full value thereof. If SEC. 7. If a citizen of any Nation, party to this compact, shall commit murder or other crime, and flee from justice into the territory of any other Nation, party hereto, such criminal shall, on demand of the Principal Chief of the Nation from which he fled (accompanied with reasonable proof of his guilt,) be delivered up to the authorities of the Nation having jurisdiction of the crime. SEC. 8. We hereby further agree, that if any one of our respective citizens shall commit murder, or other crime, upon the person of any other citizen, in any place beyond the limits of our several territories, the person so offending, shall be subject to the same treatment, as if the offense had been committed within the limits of his own Nation. SEC. 9. Any citizen of one Nation may be admitted to citizenship in any other Nation, party hereto, by consent of the proper authorities of such Nation. SEC. 10. The use of ardent spirits being a fruitful source of crime and misfortune, we recommend its suppression within our respective limits, and agree that no citizen of one Nation shall introduce it into the territory of any other Nation, party to this compact. Done in General Council, around the Great Council Fire, at Tahlequah, Cherokee Nation, this the third day of July, 1843. REPRESENTATIVES OF THE CHEROKEES. HAIR CONRAD, his X mark, SAMUEL DOWNING, his X mark, TURTLE FIELDS, his X mark, STOP, his X mark, THOMAS FOREMAN, ARCHIBALD CAMPBELL, his X mark, OLD FIELD, his X mark, MICHAEL WATERS, JOHN LOONEY, his X mark, GEORGE LOWREY, TOBACCO WILL; his X mark, THOMAS WOODWARD, his X mark, DUTCH, his X mark, CHARLES COODEY. |