Crow Dog
Encyclopedia
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 Dance
. On August, 5 1881, after a long simmering feud, Crow Dog shot and killed principal chief Chief Spotted Tail
(who was also at the Grattan Massacre), on the Rosebud Indian Reservation
. A grand jury
was convened and he was tried and convicted in Dakota Territorial court in Deadwood, South Dakota
and sentenced to death which was to be carried out on January 14, 1884. He was imprisoned in Deadwood pending the outcome of his appeals. According to historian Dee Brown in his bestselling book, Bury My Heart at Wounded Knee
:
"White officials ... dismissed the killing as the culmination of a quarrel over a woman, but Spotted Tail's friends said that it was the result of a plot to break the power of the chiefs...".
In 1883 writs of habeas corpus and certiorari
were filed on his behalf by lawyers who volunteered to represent him pro bono
, his case was argued in November, 1883 before the U.S. Supreme Court
in Ex parte Crow Dog
. On December 17, 1883 in a unanimous decision the court ruled that according to the provisions of the Treaty of Fort Laramie
signed on April 29, 1868 and approved by Congress on February 28, 1877, the Dakota Territorial court had no jurisdiction over the Rosebud reservation and subsequently overturned his conviction. This ruling cited a previous Supreme Court ruling in Worcester v. Georgia
, 31 U.S. (6 Pet.) 515
(1832), a case brought by the Cherokee
tribe against the state of Georgia
, in which the court ruled that Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty
.
In response to the ruling in Ex parte Crow Dog
, the U.S. Congress passed the Major Crimes Act
in 1885. It places 15 major crimes under federal jurisdiction if they occur on Native territory, even if both perpetrator and victim are Native American.
Montana Territory
The Territory of Montana was an organized incorporated territory of the United States that existed from May 28, 1864, until November 8, 1889, when it was admitted to the Union as the State of Montana.-History:...
, he was the nephew of former principal chief Conquering Bear
Conquering Bear
Matȟó Wayúhi was a Brulé Lakota chief who signed the Fort Laramie Treaty . He was killed in 1854 when troops from Fort Laramie entered his encampment to arrest a Sioux who had shot a calf belonging to the Mormons. Little Thunder took over as chief after his death...
who was killed in 1854 in an incident which would be known as the Grattan massacre
Grattan massacre
The Grattan Massacre was the opening conflict of the First Sioux War, fought between United States Army and Lakota Sioux warriors on August 19, 1854. It occurred east of Fort Laramie, Nebraska Territory, in present-day Goshen County, Wyoming...
. Crow Dog was one of the leaders who helped popularize the Ghost Dance
Ghost Dance
The Ghost Dance was a new religious movement which was incorporated into numerous Native American belief systems. The traditional ritual used in the Ghost Dance, the circle dance, has been used by many Native Americans since prehistoric times...
. On August, 5 1881, after a long simmering feud, Crow Dog shot and killed principal chief 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...
(who was also at the Grattan Massacre), 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...
. A grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
was convened and he was tried and convicted in Dakota Territorial court in Deadwood, South Dakota
Deadwood, South Dakota
Deadwood is a city in South Dakota, United States, and the county seat of Lawrence County. It is named for the dead trees found in its gulch. The population was 1,270 according to a 2010 census...
and sentenced to death which was to be carried out on January 14, 1884. He was imprisoned in Deadwood pending the outcome of his appeals. According to historian Dee Brown in his bestselling book, Bury My Heart at Wounded Knee
Bury My Heart at Wounded Knee
Bury My Heart at Wounded Knee by American writer Dee Brown is a history of Native Americans in the American West in the late nineteenth century. He describes the people's displacement through forced relocations and years of warfare waged by the United States federal government...
:
"White officials ... dismissed the killing as the culmination of a quarrel over a woman, but Spotted Tail's friends said that it was the result of a plot to break the power of the chiefs...".
In 1883 writs of habeas corpus and certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
were filed on his behalf by lawyers who volunteered to represent him pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
, his case was argued in November, 1883 before the U.S. Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
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...
. On December 17, 1883 in a unanimous decision the court ruled that according to the provisions of the Treaty of Fort Laramie
Treaty of Fort Laramie (1868)
The Treaty of Fort Laramie was an agreement between the United States and the Oglala, Miniconjou, and Brulé bands of Lakota people, Yanktonai Dakota, and Arapaho Nation signed in 1868 at Fort Laramie in the Wyoming Territory, guaranteeing to the Lakota ownership of the Black Hills, and further...
signed on April 29, 1868 and approved by Congress on February 28, 1877, the Dakota Territorial court had no jurisdiction over the Rosebud reservation and subsequently overturned his conviction. This ruling cited a previous Supreme Court ruling in Worcester v. Georgia
Worcester v. Georgia
Worcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional.The...
, 31 U.S. (6 Pet.) 515
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1832), a case brought by the Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
tribe against the state of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, in which the court ruled that Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe's sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
.
In response to the 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...
, the U.S. Congress passed the Major Crimes Act
Major Crimes Act
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....
in 1885. It places 15 major crimes under federal jurisdiction if they occur on Native territory, even if both perpetrator and victim are Native American.