Ex parte Crow Dog
Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief. The tribal council dealt with the incident according to Sioux tradition. U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang. The defendant then petitioned the Supreme Court for a writ of habeas corpus, arguing that the federal court had no jurisdiction to try cases where the offense had already been tried by the tribal council. The court found unanimously for the plaintiff and Crow Dog was therefore released.
About Ex parte Crow Dog in brief
Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief. The tribal council dealt with the incident according to Sioux tradition. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang. The defendant then petitioned the Supreme Court for a writ of habeas corpus, arguing that the federal court had no jurisdiction to try cases where the offense had already been tried by the tribal council. The court found unanimously for the plaintiff and Crow Dog was therefore released. The case led to the Major Crimes Act in 1885, which placed some major crimes under federal jurisdiction if committed by an Indian against another Indian on a reservation or tribal land. This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. It was the first time in history that an Indian was held on trial for the murder of another Indian. It is believed that the killing occurred that day as the result of Crow Dog and Spotted tail meeting, both mistaking the other man’s intentions. There is no consensus among historians as to which events happened. In either case, the matter was settled by the tribe following longstanding tribal custom. A later conflict with the Indian agent forced tribal police to disband, and Crow Dogs lost his position as subchief. In both cases, the case was settled within the tribe, following the longstanding custom, and by the following tribal custom, the killing was settled following the tribe’s longstanding custom.
This is the case in which Crow Dog ambushed Spottedtail to gain power in the tribe to gain a position of power. The killing was the reason for the killing, and states that Crow Dog, a traditionalist, pointed a rifle at the man and said, ‘I’m going to kill you now!’ The case was decided by a vote of 7-0, with the majority of the justices in favor of the plaintiff, and the decision was appealed to the United States Supreme Court, where it was decided on appeal. The decision was later upheld by the appeals court and the case became known as “Ex parte Crow Dog” The case is considered one of the most significant in the history of Native American law and the law of treaties. The 1868 Treaty of Fort Laramie stipulated that tribal members would stay on the reservation provided that three-fourths of the adult male tribal members agreed otherwise. The Black Hills Gold Rush brought prospectors into that area in violation of the treaty. Congress passed a law later in 1877 that took the Black Hills away from the Tribe, contrary to the language of the Treaty. The United States then declared the Lakotas as hostile, which started theBlack Hills War. The war included the Battle of the Rosebud, the Battle. of the Little Bighorn and theBattle of Slim Buttes, among others.
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This page is based on the article Ex parte Crow Dog published in Wikipedia (as of Dec. 04, 2020) and was automatically summarized using artificial intelligence.
