Sec. 1. Every person who shall, by force of arms, attempt to subvert the government of the Cherokee Nation, or who shall in like manner resist the enforcement of its laws; and every person who shall, contrary to the will and consent of the National Council, enter into a treaty with the government of the United States, or with any department or officer thereof, or with any State of the United States, or officer thereof, and agree to cede, sell, exchange, or dispose of, in any manner, the lands belonging to the Cherokees, or any part or portion thereof, shall be deemed guilty of treason, and, on conviction thereof, suffer death by hanging.

Sec. 2. Every person who shall, without the authority of the National Council, enter into and make a treaty with the government of the United States, or with any department or officer thereof, or with any State of the United States, or officer thereof, for any purpose, other than the cession of lands, shall be deemed guilty of treason, and, on conviction thereof, be punished by imprisonment for not less than ten years.

Sec. 3. Every person who shall conspire to subvert the government of this Nation, or shall combine to resist the enforcement of the laws thereof, shall be deemed guilty of a felony, and, upon conviction, suffer imprisonment not less than one year, nor exceeding ten years.

Sec. 4. No treaty, shall be binding upon the Cherokee Nation, which shall not be ratified by the National Council, and approved by the Principal Chief.

ARTICLE II.

MURDER AND MANSLAUGHTER.

Sec. 5. Every killing of a human being, without the authority of law, by shooting, stabbing, poisoning, or by other means, or in any other manner, is either murder or manslaugther, in the first or second degree, or excusable or justifiable homicide, according to the intention of the person perpetrating the same, and the facts and circumstances connected with each case.

Sec. 6. Such killing, when done with malice aforethought, or from premeditated design, to effect the death of any person, though some other than the one intended should be killed; or where perpetrated by any act not in self-defense, imminently dangerous to others, and evincing a reckless or depraved mind, regardless of human life, although without any previous design to effect the death of any particular individual; or when done by any person

engaged in a duel, or when done in the perpetration of the crime of rape, arson, burglary or robbery, shall be murder, and every person convicted thereof shall suffer death by hanging.

Sec. 7. Every killing of a human being, when done without design to effect death, by the act, procurement or culpable negligence of any person, while such person is engaged in the perpetration of any crime, other than rape, arson, burglary or robbery, shall be manslaughter in the first degree, and every person convicted thereof, shall be imprisoned for a term of not less than five years, nor exceeding twenty years, at the discretion of the court.

Sec. 8. Every person, who shall deliberately assist another in the commission of self-murder; or who shall willfully kill any unborn child, by the infliction of an injury, by violence or otherwise, which would be murder, manslaughter or suicide, if it resulted in the death of the mother, shall be deemed guilty of manslaughter in the first degree, and, upon conviction thereof, be imprisoned, not less than five, nor exceeding twenty years.

Sec. 9. Every person who shall be present at, and act as second or medical adviser in any duel or prize fight, which shall result in the death of either principal, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, shall be imprisoned, not less than three years nor exceeding ten years.

Sec. 10. Every person who shall administer any drug, medicine, or other substance to, or shall use any instrument or other means, or perform any operation upon any pregnant women, for the purpose of destroying the child, unless advised by a physician or mid-wife, as necessary to save the life of the mother, whereby the life of the child or mother is destroyed, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, shall be imprisoned not less than three nor exceeding ten years.

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Sec. 11. Any person who shall kill another without previous design to effect death, while in a heat of passion, and not in self-defense, but in a cruel and unusual manner; or any person who shall unnecessarily kill another, while such other is attempting to commit any unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, shall be imprisoned not less than three years, nor exceeding ten years.

Sec. 12. Every person who shall kill another, in a heat of passion, or in any sudden affray, without design to effect death, but not in self defense, nor in a cruel and unusual manner, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, be imprisoned not more than three years, at the discretion of the court.

Sec. 13 Every person navigating any ferry or other boat, for gain, who shall willfully or negligently over-load said boat, whereby the boat shall sink or be upset, or any person be thrown or knocked overboard, and thereby any person shall be drowned or otherwise killed; or every captain, engineer or other person in charge of any steamboat, or other steam power, who shall willfully or by neglect, cause any explosion or breakage of boiler, or steam apparatus or fixture, whereby any person shall be killed, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, shall be imprisoned not exceeding five years, nor less than one year, at the discretion of the court.

Sec. 14. Every physician while in a state of intoxication, who shall, without design to effect death, administer any poison, drug or medicine, or perform any operation, whereby the death of another is effected, or every druggist or other person acting as such, who shall, by neglect or ignorance, administer any poison, medicine or drug, which shall cause the death of any person; or every owner of any mischevious animal, knowing its propensities, who shall

not use due care in keeping it, and such animal kill any person outside the inclosure of such owner; or every person who shall in any manner, otherwise than herein before specified, and not in self-defense, and such killing not being excusable or justifiable, shall be deemed guilty of manslaughter in the second degree, and, upon conviction, shall be imprisoned, not exceeding five years, nor less than one year, at the discretion of the court.

ARTICLE III.

EXCUSABLE AND JUSTIFIABLE HOMICIDE.

Sec. 15. Every killing of a human being is hereby declared to be excusable or justifiable in the following cases, to-wit: Such killing is exusable when done by accident or misfortune, in lawfully correcting a child or ward, or in doing any other lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent, or purpose to effect death, or by accident or misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden affray, without undue advantage being taken, and without the use of any dangerous weapon, and not done in a cruel and unusual manner.

Sec. 16. Every killing of a human being is justifiable when necessarily done by any public officer, or those acting under his authority, in enforcing obedience to a process from any legal tribunal, or when done in overcoming actual resistance to the execution of such process, or when necessarily done in the discharge of any duty required by law, or when done by any person in resisting the attempt of another to kill such person, or to commit any felony upon such person, or upon, or in any dwelling house, in which such person may be; or when committed in the lawful defense of such person, or in the defense of his or her husband, wife, child, parent, ward, guardian, relative or friend, when there shall be a reasonable ground