administer oaths, who shall qualify such members elect, but no person, whose seat is contested, shall be qualified while the case is pending. The constitutional oath of office may be administered to the members elect, by districts, or by persons, or otherwise, according to circumstances, each house exercising the right to judge of the elections, the returns, and the qualifications of its own members.

Sec. 5. The members thus qualified, and being a majority, or quorum, of the whole number of members of the senate or council, as the case may be, shall at once proceed to vote "viva voce" for a president of the senate, or speaker of the council, as the case may be, and for one chief clerk, and one assistant or enrolling clerk, and such interpreters as shall be necessary and authorized by law.

Sec. 6. No person shall be chosen president of the senate, or speaker of the council, unless eligible to the office of Principal Chief.. Any number of members may compete for the office of president of the senate or speaker of the council. The voting shall be in the order in which the roll is called by the clerk pro tem., and the candidate receiving the greatest number of votes cast, and a majority of the whole number cast, shall be president of the senate or speaker of the council, as the case may be provided, that, should there be three or more candidates, neither one of whom shall have received a majority of the whole number of votes cast, then, and in that case, the candidates receiving the greatest number of votes, shall be voted for; and the one receiving the greatest number of votes, shall be declared duly elected; provided, also, that, the whole number of votes cast, shall be a quorum of the whole number of members.

Sec. 7. There shall then, and in like manner be elected, one chief clerk and one assistant clerk, and two interpreters, to each branch of the National Council so electing such clerks and interpreters; and such clerks and interpreters shall, before entering upon the duties of their

offices, take an oath to faithfully discharge the duties thereof, to the best of their ability; whereupon such president of the senate, speaker of the council, and the clerks and interpreters thereof, shall be duly qualified to enter upon the discharge of their official duties; and such senate and council, so organized, shall constitute the National Council, competent and ready for the transaction of business.

Sec. 8. The president of the senate and speaker of the council, shall preside over the deliberations of their respective branches of the National Council, and shall be subject to such rules as may be adopted for the government of the same. Their term of service, and that of the clerks and interpreters, shall expire at the same time with the expiration of the term of service of those electing them, unless sooner removed.

Sec. 9. The clerks and interpreters of the senate and council may be removed by the body electing them, for any neglect or abuse of their official duties, or for incompetency in office.

Sec. 10. The chief clerks of the senate and council shall keep neat and correct records of the proceedings of their respective houses, and read the journal of business as often as may be required.

Sec. 11. The assistant or enrolling clerks, shall aid the chief clerk in his duties, and perform such general and special services as may be assigned him by the chief clerk, or by the branch of the council of which, he is assistant clerk.

Sec. 12. The assistant or enrolling clerk shall be competent to act as chief clerk, and shall so act in the absence of the chief clerk.

Sec. 13. The interpreters of the senate and council shall interpret into English and Cherokee, all acts, resolutions,

motions, speeches and other things or subjects necessary to be interpreted; whereby every member may fully understand every subject or matter claiming legislative notice. Each branch of the National Council may dispense with one or all of its interpreters, whenever it may deem it expedient so to do, and whenever the public interests will not suffer thereby.

Sec. 14. It shall be the imperative duty of the chief clerks of the senate and council, to act as the custodians of the books and papers of the senate and council. They shall each be personally responsible for the safe keeping of every bill, joint resolution, memorial, report, message or other document or paper pertaining to legislation, which shall come to their hands or to the hands of their assistant clerks, from any member, committee, or officer of the National Council, or either branch thereof; and shall keep a record of all such bills and other papers pertaining to legislation; which record shall show the disposition made of the same.

Sec. 15. As soon as the senate and the council shall have effected a permanent organization, they or either branch thereof, shall notify the Principal Chief of the same, and the Principal Chief shall immediately transmit to the president of the senate, such election returns as he may have in his possession, made by law returnable to the National Council; which returns shall be opened, examined and passed upon by the senate and council in joint session, as hereinafter provided, before the transaction of any other public business: provided, however, that election returns for Principal and Assistant Principal Chiefs, shall be examined first; and such chiefs elect shall at once be installed as hereinafter provided.

Sec. 16. Members not present at the regular organization of the National Council, and those elected to fill vacancies, may be installed at any time by taking the constitutional oath.

Sec. 1. The courts established under the government of this Nation, shall have cognizance of all suits arising underthe constitution and laws of the Cherokee Nation, and of cases originating under the laws and usages of the Eastern Cherokees, existing previous to their removal, and of those under the laws and usages in existence among the Western Cherokees, prior to the Act of Union, dated the 12th day of July, 1839; and the adjudication of all questions, shall be according to the provisions of the respective laws under which they originated.

Sec. 2. All citizens of this Nation, and all persons not citizens, who may be admitted by law to reside therein, in the employ of citizens, shall have the right to appeal and be subject to the jurisdiction of Cherokee courts, for the determination of all causes of action at law, that may grow out of the lawful intercourse of the parties.

Sec. 3. The commencement of all suits shall be by summons, obtained from the clerk of the district in which

the party sued shall be resident (except in cases expressly provided for otherwise by law), which summons shall, as exactly as practicable, describe the property sued for, or state the amount claimed, and also, for the proper understanding of the issue by the defendant, and the court shall concisely state the nature of the case, and the principal grounds upon which the claim is founded. Such summons must be served by some lawful officer, at least thirty days before the holding of the court having jurisdiction of the cause, and be returned to the clerk at or before the commencement of the term next following of such court. And the court shall give judgment as the right of the matter in law shall appear, without regarding any formal defect or verbal imperfection in such summons.

Sec. 4. Every summons shall run in the name of the Cherokee Nation, in the following form, to-wit:

And shall be directed and issued substantially in the following form, or to the like effect:

TO ANY LAWFUL OFFICER, GREETING::—

You are hereby commanded to summon (here insert the name of defendant), to appear at the lawful place of holding court in said district, on the (here insert on what Monday of the month, and what year, court time shall commence), there and then to answer the demand of (here insert the name of plaintiff), who claims the right (or right of possession), to certain property now in defendant's possession, to wit: (here describe the property sued for, sufficiently clear for indentification), auch property being worth, at a moderate estimation, in cash (here insert probable or appraised value at length), and for cause of action, plaintiff alleges, that (here state the nature of the case and ground of claim, in clear and concise language, so that the opposite party may acquire information of the main and essential facts, upon which plaintiff intends to rely, to establish his right).

Sec. 5. If the claim is for a definite sum of money, insert after "who claims," in above form, the words, "a certain sum of money, to-wit:" (then state the sum demanded, with interest, if any), and for ground of such demand, alleges that (state nature of case as required in above form.)