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Appendix 2 1881 Constitution of the Osage Nation The Constitution of the Osage Nation, prepared by the authorized committee and adopted by the National Council. The Great and Little Osages having united and become one body politic , under the style and title of the Osage Nation: therefore, We, the people of the Osage Nation, in National Council assembled, in order to establish justice, insure tranquility, promote the common welfare , and to secure to ourselves and our posterity the blessing of freedom —acknowledging with humility and gratitude the goodness of the Sovereign Ruler of the universe in permitting us so to do, and imploring his aid and guidance in its accomplishment—do ordain and establish this Constitution for the government of the Osage Nation. Article I. Section 1. The boundary of the Osage Nation shall be that described in the treaty of 1876 between the United States and the Great and Little Osages, except that portion purchased by the Kaws. Sec. 2. The lands of the Osage Nation shall remain common property, until the National Council shall request an allotment of the same, but the improvements made thereon and in possession of the citizens of this Nation are the exclusive and indefeasible property of the citizens respectively who made or may rightfully be in possession of them. provided, That the citizen of this Nation possessing exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or to individual citizens thereof: and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: provided, nevertheless, That the National Council shall have power to re-admit by law, to all the rights of citizenship any such persons who may at any time desire to return to the Nation, on memorializing the National Council for such re-admission. Moreover, the National Council shall have power to adopt such laws and regulations as it may deem expedient and proper to prevent citizens from monopolizing improvements with the view of speculation. 162 : : : App e n di x e s Article II. Section 1. The power of this government shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial. Sec. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases hereinafter expressly directed or permitted. Article III. Section 1. The legislative power shall be vested in a National Council, and the style of their acts shall be: - be it enacted by the national council. Sec. 2. The National Council shall make provision, by law, for laying off the Osage Nation into five districts, and, if subsequently it should be deemed expedient, one or two may be added thereto. Sec. 3. The National Council shall consist of three members from each district, to be chosen by the qualified electors in their respective district, for two years, the elections to be held in the respective districts every two years, at such times and places as may be directed by law. The National Council shall, after the present year, be held annually, to be convened on the first Monday in November, at such place as may be designated by the National Council, or, in case of emergency, by the Principal Chief. Sec. 4. Before the districts shall be laid off, any election which may take place, shall be by general vote of the electors throughout the Nation, for all officers to be elected. The first election for all officers of the government—Chiefs, Executive Council, members of the National Council, Judges and Sheriffs—shall be held at Pawhuska, before the rising of this council: and the term of service of all officers elected previous to the first Monday in November, 1882, shall be extended to embrace, in addition to the regular constitutional term, the time intervening from their election to the first Monday in November, 1882. Sec. 5. No person shall be eligible to a seat in the National Council, but an Osage male citizen, who shall have attained to the age of twentyfive years. Sec. 6. The members of the National Council shall in all cases, except those of felony or breach of the peace, be privileged from...

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