Crow Dog's Case :American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century ( Studies in North American Indian History )

Publication subTitle :American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century

Publication series :Studies in North American Indian History

Author: Sidney L. Harring  

Publisher: Cambridge University Press‎

Publication year: 1994

E-ISBN: 9780511880438

P-ISBN(Paperback): 9780521467155

Subject: K7 Americas History

Keyword: 美洲史

Language: ENG

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Crow Dog's Case

Description

Crow's Dog Case is the first social history of American Indians' role in the making of American law. This book sheds new light on Native American struggles for sovereignty and justice in nineteenth-century America. The 'century of dishonor', a time when American Indians' lands were lost and their tribes reduced to reservations, provoked a wide variety of tribal responses. Some of the more succesful responses were in the area of law, forcing the newly independent American legal order to create a unique place for Indian tribes in American law. Although the United States has a system of law structuring a unique position for American Indians, they have been left out of American legal history. Crow Dog, Crazy Snake, Sitting Bull, Bill Whaley, Tla-coo-yeo-oe, Isparhecher, Lone Wolf, and others had their own jurisprudence, kept alive by their own legal traditions.

Chapter

Of red, black, and yellow: the relationship of U.S. Indian law to the legal oppression of other racial minorities

Legal history and legal doctrine

The plan of the study

2 Corn Tassel: state and federal conflict over tribal sovereignty

Corn Tassel's case

State criminal jurisdiction over Indians

The Northeast and South, 1822-35

The North and West, 1835-80

Federal Indian law from Worcester to Crow Dog

3 U.S. Indian law and the Indian nations: the Creek Nation, 1870-1900

The legal status of the Indian Territory, 1865-1900

Creek legal culture, 1870-1900

The constitutional legal system of the Creek Nation

Crazy Snake's rebellion

4 Crow Dog's case

Brule law

Spotted Tail and Crow Dog: Brule Sioux society in 1381

The killing of Spotted Tail

Early BIA attempts to prosecute Indians under state or territorial law

The trial of Crow Dog

Crow Dog's appeal

The Supreme Court's decision

Law for the Indians: the Major Crimes Act

Conclusion

5 Imposed law and forced assimilation: the legal impact of the Major Crimes Act and the Kagatna decision

A Klamath killing under U.S. law

State criminal jurisdiction after Crow Dog and Kagama

The jurisdictional problems of land allotment

Jurisdiction over railroad lands

Civil jurisdiction

Jurisdictional problems of liquor control

The racial geography of federal Indian law

Cultural geography: inherent limits of the reach of U.S. law into tribal cultures

Conclusion

6 Sitting Bull and Clapox: the application of BIA law to Indians outside of the Major Crimes Act

The arrest and killing of Sitting Bull

The Indian police

Courts of Indian Offenses

Indian court reform

The writ of habeas corpus and reservation Indians: the legal significance of Standing Bear v. Crook

Bai-a-lil-le and the Indian Rights Association challenge to the "big stick" policy of Commissioner Leupp

Indian citizenship

The reservation as prison: forced confinement of Indians on reservations

Conclusion

7 The struggle for tribal sovereignty in Alaska, 1867-1900

Russian colonization and Tlingit sovereignty

U.S. legal jurisdiction over Alaskan natives

Tlingit law meets U.S. law

Tlingit law under the purview of U.S. courts

The accelerating imposition of U.S. law, 1886-1900

The development of an assimilationist policy for the Tlingit

Conclusion

8 The legal structuring of violence: U.S. law and the Indian wars

The legal recognition of Indian wars: the Indian Depredations Act of 1891

The Indian war as a criminal defense: the trial of Plenty Horses

U.S. law and Indian crime: the legal structuring of intra-Indian violence

Witch killings

The killing of authority figures

Drinking and fighting

Indian property crime

Conclusion

9 Conclusion

Toward an ethnolegal history of Indian law

American Indian law

Toward a new Indian legal history

Index

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