James Arcene
Encyclopedia
James Arcene was the youngest child sentenced to death, who was subsequently executed for his crime, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. Arcene, a Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...

 man, was hanged
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

 by the U.S. federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

 in Fort Smith, Arkansas
Fort Smith, Arkansas
Fort Smith is the second-largest city in Arkansas and one of the two county seats of Sebastian County. With a population of 86,209 in 2010, it is the principal city of the Fort Smith, Arkansas-Oklahoma Metropolitan Statistical Area, a region of 298,592 residents which encompasses the Arkansas...

 for his role in a robbery and murder committed thirteen years earlier, when he was 10 years old.

He and a Cherokee adult named William Parchmeal noticed William Feigel, a Swedish national, making a purchase in a store. They followed him when he left, heading for Fort Gibson
Fort Gibson
Fort Gibson, now located in Oklahoma and designated Fort Gibson Historical Site, guarded the American frontier in Indian Territory from 1824 until 1890...

, and caught up with him about two miles outside of the fort. With robbery as a motive, they shot Fiegel six times before crushing his skull with a rock. Arcene and Parchmeal then divested Fiegel's corpse of its boots and money, totalling only 25 cents.

Arcene was arrested and tried for the robbery and murder of his victim, but escaped and eluded capture until he was apprehended and executed at the age of 23. He and Parchmeal were ultimately brought to justice by Deputy Marshal Andrews, after the case had lain cold for more than ten years. "Hanging judge
Hanging Judge
"Hanging judge" is an unofficial term for a judge who has gained renown for punishment by sentencing convicted criminals to death by hanging.More broadly, the term is applied to judges who have gained a reputation for imposing unusually harsh sentences, even in jurisdictions where the death penalty...

" Isaac Parker
Isaac Parker
Isaac Charles Parker served as a U.S. District Judge presiding over the U.S. District Court for the Western District of Arkansas for 21 years and also one-time politician. He served in that capacity during the most dangerous time for law enforcement during the western expansion...

 presided over the executions, which were held at Fort Smith
Fort Smith
Fort Smith is the name of several locations:* Fort Smith, Northwest Territories, Canada* Fort Smith, Arkansas, United States* Fort Smith National Historic Site, in Fort Smith, Arkansas...

.

It is difficult to verify James Arcene's age with complete certainty because there are few surviving census records for Indian Territory in the 1870s and 1880s. Primary documents confirm that, after he was captured, James Arcene claimed to have been a child in 1872 when the crime was committed. He did not revise that statement when it became clear that that status would not help him in sentencing (as he might have if he had been falsely claiming youth to avoid execution.)

Arcene's case is frequently brought up in discussions of the death penalty for children, and to a lesser degree in discussions of the unfair treatment Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...

received from the United States government.
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