The Murder Of Spotted Tail

In the mid-1800s Native American Tribes had the right to self police on their reservations. This is during Concentration Policy. The BIA, however, wanted federal law to be in effect over reservations since the early 1870s. In 1885, the Major Crimes Act was passed which gave the BIA part of what it was asking for. Federal law was instituted over reservations in the cases of 7 major crimes.

Leading up to the passage of this act was the murder of Spotted Tail by Crow Dog in 1881. Spotted Tail was considered the Chief of the Brules. Spotted tail was an assimilationist. He was a believer in the old ways and was signing treaties that were not necessarily in line with what the younger warriors of the tribe believed. Crow Dog was one of the

Crow Dog paid restitution to Spotted Tail's family and as far as tribal law goes, he paid his penalty. The BIA and federal law men become very upset at this and call it "savage justice". The BIA then arrested Crow Dog and brought him to a jury trial in 1882 known as Exparte Crow Dog. The Brules Sioux maintain that they never gave up the right to self police on the reservation. The Supreme Court agreed and freed Crow Dog in 1883. The BIA and federal law men are again very upset and believed that Crow Dog escaped just punishment. In order to avoid a similar situation in the future, they pass legislation. In 1885, the Major Crimes Act is passed into law. This law, in effect, made self-policing of tribes on their reservations null and void. The federal government now had a foothold on the tribal reservations. Major crimes on reservations were now policed by the Feds. At the writing of the law this included 7 crimes. These crimes included murder, rape, arson, manslaughter, assault with deadly intent, larceny and burglary. Amendments to this law added the crimes of kidnapping, robbery, incest, assault with a dangerous weapon, assault resulting in serious bodily injury, and sexual relations