Legislating Women's Sexuality: Cherokee Marriage Laws in the Nineteenth Century

@article{Yarbrough2004LegislatingWS,
  title={Legislating Women's Sexuality: Cherokee Marriage Laws in the Nineteenth Century},
  author={Fay A. Yarbrough},
  journal={Journal of Social History},
  year={2004},
  volume={38},
  pages={385 - 406}
}
During the first half of the nineteenth century, the Cherokee Nation passed many laws to regulate marriage and sex. This essay first contemplates the gendered aspects of such laws by exploring the importance of Cherokee women's marital choices and official response to those choices. In particular, Cherokee women's choice of non-Cherokee marital partners, most frequently whites, and the concomitant introduction of outsiders into the Nation forced the Cherokee legislative branch to reformulate… 
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References

SHOWING 1-10 OF 27 REFERENCES

A Law of Blood: The Primitive Law of the Cherokee Nation

John Phillip Reid is widely known for his groundbreaking work in American legal history. "A Law of Blood," first published in the early 1970s, led the way in an additional newly emerging academic…

Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896-1920

Glenda Gilmore recovers the rich nuances of southern political history by placing black women at its center. She explores the pivotal and interconnected roles played by gender and race in North…

Blood Politics: Race, Culture, and Identity in the Cherokee Nation of Oklahoma

List of Illustrations Acknowledgments Chapter One. Opening Chapter Two. Blood, Culture, and Race: Cherokee Politics and Identity in the Eighteenth Century Chapter Three. Race as Nation, Race as Blood…

Cherokee Women: Gender and Culture Change, 1700-1835

"Perdue's study gives readers an interesting and effective overview of its subject. The role of women among Native American cultures has, until recently, received little attention. As Perdue…

Cherokee Women In Crisis: Trail of Tears, Civil War, and Allotment, 1838-1907

Explains how traditional Cherokee women's roles were destabilized, modified, recovered, and in some ways strengthened during three periods of great turmoil.American Indian women have traditionally…

Mixed Blood Indians: Racial Construction in the Early South

An enliglitening look at issues of race, "blood," and kinship in the American South from a Native perspective; On the southern frontier in the eighteenth and early nineteenth centuries, European men…

The Cherokees in Transition: A Statistical Analysis of the Federal Cherokee Census of 1835

A LTHOUGH scholars have long been aware of the detailed, familyby-family census of the Cherokee Nation taken by the federal government in 1835, no one has yet subjected that census to a detailed…

Intimate Matters: A History of Sexuality in America.

As the first full-length study of the history of sexuality in America, "Intimate Matters" offered trenchant insights into the sexual behavior of Americans from colonial times to the present. Now,…

Slave Law and the Social Structure

  • W. Moore
  • History
    The Journal of Negro History
  • 1941
Negroes were first introduced into the American colonies as an addition to the labor force provided by the white indentured servants already iniported. The conditions of servitude of Negroes so…

Cherokee Renascence in the New Republic

The Cherokees, the most important tribe in the formative years of the American Republic, became the test case for the Founding Fathers' determination to Christianize and "civilize" all Indians and to…