Major Crimes Act
Encyclopedia
The Major Crimes Act is a law passed by the United States Congress
in 1885. It places 7 major crimes under federal jurisdiction if they are committed by a Native American
against another Native American in Native territory.
The crimes which now fell under federal jurisdiction were:
The act was passed in response to the Supreme Court of the United States
's affirmation of tribal sovereignty
in their ruling in Ex parte Crow Dog
(109 U.S. 556 (1883)), wherein they overturned the federal court conviction of Brule Lakota sub-chief Crow Dog
, who was convicted and sentenced to death for the murder of principal chief Spotted Tail
on the Rosebud Indian Reservation
in Dakota Territory
. The Court reasoned that the ability of the tribe to deal with such an offense was an attribute of tribal sovereignty that had not been specifically abrogated
by an act of Congress.
The Major Crimes Act reduced the internal sovereignty of native tribes by removing their ability to try and to punish serious offenders in Indian country. The theory underlying it was that Indian tribes were not competent to deal with serious issues of crime and punishment. The constitutionality of the Major Crimes Act was upheld in United States v. Kagama
(118 U.S. 375 (1886)), a case in which two Indians were prosecuted for killing another Indian on a reservation. While the Court agreed that the prosecution of major crimes did not fall within Congress's power to regulate commerce with the Indian tribes, it ruled that the trust relationship between the federal government and the tribes conferred on Congress both the duty and the power to regulate tribal affairs.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1885. It places 7 major crimes under federal jurisdiction if they are committed by a Native American
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...
against another Native American in Native territory.
The crimes which now fell under federal jurisdiction were:
- Murder
- Manslaughter
- Rape
- Assault with intent to commit murder
- Arson
- Burglary
- Larceny
The act was passed in response to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
's affirmation of tribal sovereignty
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
in their ruling in Ex parte Crow Dog
Ex parte Crow Dog
Ex parte Crow Dog, 109 U.S. 556 , was a case in which the Supreme Court of the United States held that a federal court did not have jurisdiction to try Crow Dog, a Native American who killed another Indian on the reservation when the offense had been tried by the tribal council...
(109 U.S. 556 (1883)), wherein they overturned the federal court conviction of Brule Lakota sub-chief Crow Dog
Crow Dog
Crow Dog was a Brulé Lakota subchief, born at Horse Stealing Creek, Montana Territory, he was the nephew of former principal chief Conquering Bear who was killed in 1854 in an incident which would be known as the Grattan massacre. Crow Dog was one of the leaders who helped popularize the Ghost...
, who was convicted and sentenced to death for the murder of principal chief Spotted Tail
Spotted Tail
Siŋté Glešká was a Brulé Lakota tribal chief. Although a great warrior in his youth, and having taken part in the Grattan massacre, he declined to participate in Red Cloud's War, having become convinced of the pointlessness of opposing the white incursions into his homeland; he became a...
on the Rosebud Indian Reservation
Rosebud Indian Reservation
The Rosebud Indian Reservation is an Indian reservation in South Dakota, United States. It is the home of the federally recognized Sicangu Oyate, also known as Sicangu Lakota, the Upper Brulé Sioux Nation, and the Rosebud Sioux Tribe , a branch of the Lakota people...
in Dakota Territory
Dakota Territory
The Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of North and South Dakota.The Dakota Territory consisted of...
. The Court reasoned that the ability of the tribe to deal with such an offense was an attribute of tribal sovereignty that had not been specifically abrogated
Abrogation doctrine
The Abrogation doctrine is a constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented ....
by an act of Congress.
The Major Crimes Act reduced the internal sovereignty of native tribes by removing their ability to try and to punish serious offenders in Indian country. The theory underlying it was that Indian tribes were not competent to deal with serious issues of crime and punishment. The constitutionality of the Major Crimes Act was upheld in United States v. Kagama
United States v. Kagama
United States v. Kagama, , is a United States Supreme Court case that upheld the Constitutionality of the Major Crimes Act of 1885. Kagama was selected as a test case by the Department of Justice to test the constitutionality of the Major Crimes Act of 1885, which was passed as a rider to an...
(118 U.S. 375 (1886)), a case in which two Indians were prosecuted for killing another Indian on a reservation. While the Court agreed that the prosecution of major crimes did not fall within Congress's power to regulate commerce with the Indian tribes, it ruled that the trust relationship between the federal government and the tribes conferred on Congress both the duty and the power to regulate tribal affairs.