Essay On The Major Crime Act

The Major Crimes Act was an important piece of legislation regarding the jurisdiction of Indian tribes on U.S. soil, and was passed on March 3, 1885. It was one of the concluding sections of the Indian Appropriations Act of 1885, which sought to deal with Indian American relations of the latter-19th century. The Major Crimes Act law was passed by Congress, following the General Crimes Act of 1817. The Major Crimes Act expanded on the General Crimes Act by detailing what could constitute as a crime under the federal jurisdiction of the United States if they were to be committed by a Native American in a Native American territory. It also added the caveat that crimes committed between two Native Americans would also count under federal jurisdiction

Kagama. United States v. Kagama” was a landmark case in 1886, involving a Yurok Native American from the Hoopa Valley Reservation. Kagama and his neighbor Iyouse had reportedly been at odds for quite some time. On June 24, 1885, Kagama and his son Mahawaha proceeded to go to Iyouse 's house and, after they got into a quick confrontation, Kagama ultimately stabbed Iyouse to death and his son Mahawaha held Iyouse 's wife back as it occurred. Kagama and Mahawaha were both indicted and on October 18, 1885, then they were both taken to San Francisco for the trial. The case was significant because it was used as a beta test case for the United States Department of Justice, solely to check the constitutionality of the aforementioned Major Crimes Act. What the Supreme Court decided was that the courts still remained affirmed in their ability to provide jurisdiction in affairs such as murder, while also trying a Native American as if he was an American citizen, yet not granting him this status in other walks of life (Justia). The popularity and attention the case drew was significant enough to draw support in Congress for a new act that was to deal with the Native American people. The Dawes Act was passed in 1887, in response to the growing number of Indian-related cases that the federal and Supreme courts were hearing. Under the new law, the Native American lands were to be divided up to individual

At the time, it was no secret that the hostilities between Native Americans and American settlers were reaching new heights. The westward expansion of the nation brought about mass warfare between the two communities of the nation. However, as American citizens, their fights with the Native Americans spilled over into the legal sector and supplied them with enough legal ammunition to justify the subjugation and jurisdiction of these people whom they were fighting against. When the Major Crimes Act was passed and had its day in court, it was upheld, ultimately giving precedence for the further mistreatment of Native peoples. Laws and cases passed through the decades until efforts were made to halt the further suppression of these people. The policy of the Major Crimes Act was designed to give the United States power over Native Americans, while claiming their sovereignty at the same