Governing Documents Review Committee Report 6-2-11

Statement of Finding No. 2: Eastern Band of Cherokee Indians Charter &Governing DocumentThe Loyd Welch Constitution was rejected as a legal constitution by the U.S.Supreme Court in The Cherokee Trust Fund; Eastern Band of Cherokee Indians v.United States and Cherokee Nation, 117 U.S. 288 (1886), in which the Court statedthat the Eastern Band of Cherokee Indians were not an organized body, hadentered into no treaties with the federal government, and its members werecitizens of the state of North Carolina.As a result of this decision, Eastern Band leaders were prompted to pursuerecognition by North Carolina through a state-issued business charter, which waslegislated into law in 1889.In 1897, this corporate document was amended, as Chapter 207 of the NorthCarolina Private Session laws, to include articles from the 1875 Loyd WelchConstitution. Although by law the intentions of the Eastern Band werediscounted by the United States, Eastern Band members viewed the charter astheir “Constitution & Charter,” believing that the spirit of the Loyd WelchConstitution was embodied in the provisions of Chapter 207, North CarolinaPrivate Session Laws.Chapter 207 was upheld as the governing document of the Eastern Band in 1931and on February 19, 1934, over the signatures of nine Council members, the TribalCouncil Chairman, the Principal Chief and Agency Superintendent submitted theprovision f Chapter 207 as the Tribe’s constitution in response to federal inquiry asto whether the Eastern Band wished to accept the provisions of the IndianReorganization Act.In 1947, the North Carolina legislature amended Chapter 207 to give authority forfull self-government to the Eastern Band.In 1986, the Charter was amended and issued under the Eastern Band’s inherenttribal sovereignty as the Charter and Governing Document of the Eastern Bandof Cherokee Indians.Governing Documents Review CommitteeStatement of Finding No. 3: Resolution No. 1 (1993) Committee Conclusions onGrand Council & 25% Voter Approval RequirementIn 1993, an Investigating Committee concluded that the 1986 adoption andratification of the current Charter and Governing Document was invalid becausethe approval requirement in place under Chapter 207 had not been fulfilled.See, Transcript Eastern Band of Cherokee Indians Special Council Proceedings,December 13, 1993, pp. 9-19.The Committee finds that there is insufficient information in the Loyd Welchconstitutional documents and Chapter 207 to form a conclusion regarding therole and function of the Grand Council. The Committee does not agree that thereferendum to approve the 1986 Charter and Governing Document was invalid11