"We, the Representatives of the people of the Cherokee Nation, in Convention assembled, in order to establish justice, ensure tranquillity, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty; acknowledging with humility and gratitude the goodness of the sovereign Ruler of the Universe, in offering us an opportunity so favorable to the design, and imploring His aid and direction in its accomplishment, do ordain and establish this Constitution for the Government of the Cherokee Nation by the Treaties concluded with the United States, are as follows, and forever hereafter remain unalterably the same, to wit:"
Lets examine the meanings in that salutation as we have always understood them to be.
* "We, the Representatives of the people of the Cherokee Nation, in Convention assembled." That starting line means; that all of the Cherokee people (ni ga da tsa la gi {&F l8)) have gathered, or in some instances sent an authorized representative. The next important line states:
* "in order to establish justice,"; That line means we the Cherokee people (ni ga da tsa la gi {&F l8)) are uniting together to establish ourselves in a civilized fashion. This establishment would have not only have a style of government that would be promoting justice amongst its own citizens. But also, a system of justice that would be recognized internationally as that of a democratically unified society. Inclusive of a judicial process of which would adhere to the definition and practice of justice for all its citizens. It is furthermore understood that justice would also be extended into our of our dealings, and associations with the other societies of the world. This stipulation in a Constitution is extremely important. It shows those other societies, cultures, and governments around the world that this is civilized nation capable of managing its own affairs. Thus, this simple little phrase is actually a main consideration in regards to having recognized sovereignty. The end or aim of civil society is to procure for its citizens the necessities, the comforts, and the pleasures of life, and in general their happiness; to secure to each the peaceful enjoyment of his property and a sure means of obtaining justice; and finally to defend the whole body against all external, and internal violence.
* " ensure tranquillity"; This line is a very important fact in relation to the events of these times. In definition, that line is the understanding that we should always pursue "peace" amongst our Cherokee families (l8) "FLI^# du da ti hna v i), bands (K{;=4p) di ni tse lu hi s gi) , and clans ( X{nN tsu ni yv wi). Unfortunately, our Cherokee society (l8) %U:k4 tsa la gi u na do tlv hi) has always had most of the same sociological problems that have been experienced by the other societies all over the world. Basically, those problems have been in regards to fighting amongst our - selves. We must all understand that most of these problems are caused by the gift of emotions instilled upon us by the Great Holy Creator (z5VYa ho wa) . Unfortunately, far too many of us are pursuing issues of emotions, rather than, understanding our emotions. When we understand our emotions we can continue our road in a productive manner. It is our duty to prescribe ourselves to understanding our emotions, and continue progressing in order that we have matters to boast about during our worships to the keeper of Galun Lati.
* "promote our common welfare" ( _kGw go tlv ta nv) A nation is bound to preserve its existence, (_w# gv hnv i %9{:w u le ni to nv) such preservation can only come about if the welfare of it citizens is secure. Once again there are many meanings to the terms of welfare. These days, when we hear the word 'welfare' , most of us instantly think of the government checks for the needy, that are supposed to come twice a month. Actually, the word welfare has many responsibilities to uphold its meaning. This welfare also concerned our efforts to have trade agreements with foreign governments such as was practiced before the removal. The welfare gained from those type of agreements is not only for goods and raw materials for our own industries. But also, the understanding of having the agreements under the spirit of a sovereign nation are necessary for foreign recognition of a sovereign nation. This promotes the welfare of our Constitution. A nation must labor for its own perfection and for the improvement of the circumstances in which it is placed, inclusive of the natural environment, for by this double perfection it becomes capable of attaining the right as recognition of a civil society. To unite in that style of society, and yet not work for that union, would be absurd, ( u wo hl di, ! aP02 a dv ne li ha)
* "and secure to ourselves and our posterity the blessings of liberty"; secure to
ourselves, "The Cherokee Indian Nation", and our posterity which means all the descendants of a person in a direct line to the remotest generation. ( Definition legally decided in Breckenridge v. Denny, 8 Bush (Ky) 527) our meaning is that it is for all the generations of Cherokee people to follow. That is inclusive of those here today, and those to follow in time perpetually.
The blessings of liberty the word liberty as used in state and federal constitutions means, in a negative sense, freedom from restraint, but in a positive sense, it involves the idea of freedom secured by the imposition of restraint, and it is in this positive sense that the state , in the exercise of its police powers, promotes the freedom of all by the imposition upon particular persons of restraints which are deemed necessary for the general welfare of all the Nations citizens. During our Constitutional development, we had knowledge of how the term liberty was being applied in other countries of the world.
For example: In Old English Law the term had been given a court definition in Latin. LIBERTAS EST NATURALIS FACULTAS EJUS QUOD CUIQUE FACERE LIBET, NISI QUODDE JURE AUT VI PROHIBETUR. (Co. Litt. 116.) Liberty is that natural faculty which permits every one to do [ or the natural power of doing] anything he pleases except that which is restrained by law or force.
We knew that in Old Roman Law LIBERTI LIBERTINI meant freedmen (1 Brown Civil Law 99). While we also understood the American term as Freedom, exemption from control.
We understand that it means The absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interest of the community. It meant that we were also free to continue to worship the Great Holy Mystery in the style or fashion some of us have learned from being passed along through our posterity, and also the right to chose other forms of worship to God. For it has always been the Cherokee intention that you must worship the Creator of all Live. It has always been that way. Regardless of what style of worship we choose as individuals. But Liberty, in the sense of our application, is a restraint against any attempt to regulate and govern the religion of which is to be used by all. the Cherokee people belief in the blessings of god / Tsa la gi go hi yi di u ne hla nv hi l8)_4K %Pdw4).
* "acknowledging with humility and gratitude the goodness of the sovereign Ruler of the Universe.' It is commonly understood that the forms of, and ceremonials of worship of which has been the guiding light as a gift from the creator to our Cherokee people since time immememorable. (i go hi dv u li s go li yv #_4a %0p_0n) All of that should also continue and it is the challenge to each Cherokee that chooses another style of worship, to be able to incorporate the cultural practices of our ancestors. (tsa la gi de ka no gi a l8) H*})!) For it is those practices that has kept us here on earth for such a long time. In our ceremonies we have found the foods, clothings, and medicines which continued our existence. It is surely a defenite challenge to those that choose other styles of worship, to embarrass the blending in harmony the practices of our culture. It is understood that we as poor human beings, have been blessed with the abilities, to establish a style of society that gives honor to ourselves and individuals, and also includes the worships and unity of the Creator and the Great Mother Earth (@e @-4} e qua e lo hi no).
* "in offering us an opportunity so favorable to the design," In the understanding of those abilities being a gift, we recognize that it is not a common gift extended to all creatures and our brothers and sisters of the earth.
* "and imploring His aid and direction in its accomplishment," by forever seeking the Creators guidance (%Pdw4 N " ba# u ne hla nv hi wi du yu dv i) to insure that this Nation is perpetual by making sound full - circle decisions that will maintain the ideology of this Constitution.
* "do ordain and establish this Constitution for the Government of the Cherokee Nation by the Treaties concluded with the United States, are as follows, and forever hereafter remain unalterably the same, to wit:" the fact that the United States (!Wx0a ma ye li) was the first mentioned is rather easy to understand. In the responsibilities of being a sovereign nation. It is necessary to show that you must be able to protect your citizens from foreign attack. The contracting of military protection from the government of the United States can be found in historical facts recorded between our two governments. Of the many fallacies we may find with our treaties with that government. Realistically that is one stipulation of which the United States had managed to uphold. There understanding of their own citizens also being considered by those that have contracted the service as being foreigners, has not been adhered to in their actions.
