By Sidney L. Harring
Crow Dog's Case is the 1st social heritage of yankee Indians' function within the making of yankee legislations. The ebook sheds new gentle on local American struggles for sovereignty and justice in 19th century the USA. This "century of dishonor," a time while American Indians' lands have been misplaced and their tribes decreased to reservations, provoked a wide selection of tribal responses. many of the extra profitable responses have been within the sector of legislations, forcing the newly self sufficient American criminal order to create a special position for Indian tribes in American legislations.
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Extra info for Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century (Studies in North American Indian History)
This point was reinforced by noting that the state of New York had vested itself with criminal jurisdiction over Indians in 1822 and faced no federal remonstrance, although the Seneca objected bitterly and eloquently. The court's final argument about political sovereignty ended with the issue that had begun the whole matter: control over land. It was impossible for a sovereign nation to exist that could not hold land in fee simple but only by right of occupancy. The court then offered a racist and distorted history of pre-existing treaty law: The habits, manners, imbecile intellect of the Indians, opposed impracticable barriers to either of these modes of procedure.
T h u s , if a state was silent o n the matter o f jurisdiction over Indians, in the absence o f cases w e cannot know whether this means the state claimed or did not claim jurisdiction over Indians within its boundaries. C h i e f Justice Cuthbert Pound o f the N e w York State Court o f Appeals admitted as m u c h in "Nationals Without a Nation: T h e N e w York State Tribal Indians," Columbia Law Review 22 (1924):98-9. The relatively small number of cases that survive reflect the poor quality of criminal justice in the United States of the nineteenth century.
Georgia's actions, and the state court decisions that legalized them, survived as precedent in state cases until 1931, when a Wisconsin decision, State v. Rufus, abandoned the doctrine that states, as an attribute of state sovereignty, have full jurisdiction over Indians within their boundaries. S. experiment with tribal sovereignty, was the federal recognition of the Indian nations as "domestic nations," incorporating them within the scheme of constitutional federalism. In the Indian Territory - modern-day Oklahoma - the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles had constituted themselves as Indian nations in the 1850s and built sophisticated political systems modeled, at least in form, after the United States.
Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century (Studies in North American Indian History) by Sidney L. Harring