THE GEORGE CATLIN INDIAN GALLERY. 



223 



annum, and his office is thorouglily well organized. He has also an advisory board, 

 called the executive council. 



The judiciary is composed of nine district courts, three circuit courts, and one su- 

 preme court, the latter being a court of appeals. A motion to abate or dismiss a suit, 

 or demurrer overruled in the circuit court, may be appealed to the supreme court. 

 Cases involving the death penalty are in the original and exclusive jurisdiction of the 

 supreme court. In these courts may be sued out writs of attachment, garnishment, 

 ejectment, &c., under the provisions of the Cherokee statute. 



In the Cherokee Nation the wife may hold proj)erty in her own name, and not sub- 

 ject to the will of her husband, and vice versa. The constitution further i^rovides 

 against ex post facto laws, that those accused shall have fair trial by jury, and all citi- 

 zens shall be secure in their persons, houses, papers, and possessions from unreasonable 

 seizures and searches, and no warrant to search any place or to seize any person or 

 things shall issue without describing them as nearly as may be, nor without good 

 cause, supiiorted by oath or affirmation; that "no person who denies the being of a 

 God, or a future state of reward and punishment, shall hold any office in the civil de- 

 partment of this nation." Freedom of worship is guaranteed forever. No person 

 shall, for the same offense, be twice i3ut in jeopardy of life or limb. The trial by jury 

 to remain inviolate, and section 9, article 11, of the constitution declares as follows: 



Religion, morality, and knowledge being necessary to good government, the preservation of liberty 

 and the hapjiiness of maukiud, schools and the means of education shall forever be encouraged in this 

 nation. 



THE SCHOOL SYSTEM 



of the Cherokee Nation is quite comx>lete. The board of education, composed of three 

 persons of liberal literary attainments, moral and temj)erate, appointed by the i^rin- 

 cip;il chief and confirmed by the senate, has entire charge of the schools, with power 

 to adopt rules and regulations not inconsistent with the laws for its own government, 

 and for the goverument of the male and female seminaries, orphan asylum, and pri- 

 mary schools ; to prescribe and enforce a series of uniform text-books, &c., and they 

 have accordingly adopted and enforced comi)lete rules and regulations. Teachers must 

 have lu'oper certificate of examining board before they can be appointed, and, as a 

 class, they average about as well as the teachers of adjacent States. In 1880, Decem- 

 ber 10, the national council apportioned the primary schools according to the popu- 

 lation at that time, as follows : 



The enrollment last year was over 4,000, or about 70 per cent., and the average at- 

 tendance was about 2,600, or about 42 per cent, of the total school population of 1880, 

 when the census was taken. This average is very high, considering that the children 

 have to walk from a quarter to 4 miles to attend school, and is partly due, probably, 

 to the fact that the law of the Cherokees in paying teachers stimulates the attendance, 

 as the salary is fixed at $30 per month for an average of 15 pupils or under, and $1 

 extra per month for each when the average rises above 15 till it reaches ".'5, when $50 

 per month is paid, the maximum salary for primary schools. 



