Cherokee Act for the punishment of Criminal Offences September 19 1839


An Act for the punishment of Criminal Offences. Cherokee Nation, September 19, 1839. Printed in The Constitution and Laws of the Cherokee Nation: Passed at Tahlequah, Cherokee Nation, 1839-1851. Tahlequah: 1852. 17-18.


SEC. 3. Be it further enacted, That upon trial and conviction of any person charged with the offence of having committed a rape on any female, he shall be punished with one hundred lashes on the bare back; and upon the conviction of any negro for the aforesaid offence against any free female, not of negro blood, he shall suffer death by hanging.

N.B.: The clause establishing the death penalty based on the races of the perpetrator and of the victim no longer appear in the version of the law reprinted after the American Civil War in Laws of the Cherokee Nation, Passed During the Years 1839-1867. St. Louis: 1868. 15-16.

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