Federal jurisdiction Criminal law in the Waite Court

crow dog

in united states v. mcbratney (1881), court held federal government had failed reserve criminal jurisdiction on indian country in colorado upon admission u.s. state. thus, had no jurisdiction try murder of non-indian non-indian on ute reservation.

in ex parte crow dog (1883), court held nonintercourse act of 1834 s exception indian-on-indian crimes had not been repealed bad men clause of treaty, , therefore there no federal jurisdiction try such crime. congress responded passing major crimes act. in united states v. kagama (1886), court upheld major crimes act.

federal officer removal

in tennessee v. davis (1879), court upheld federal officer removal component of reconstruction-era removal statute (the civil rights removal component of had come before chase court).

davis v. south carolina (1883) concerned attempt state court continue criminal proceedings in spite of effected federal officer removal. on merits, court held assistant u.s. marshall entitled official immunity. further, court held bail not forfeited failing appear in state court after removal.

courts-martial

in ex parte reed (1879), court held clerk of navy postmaster permissible tried courts martial. in ex parte mason (1881), court held courts martial jurisdiction extended military prison shooting , courts martial had power add dishonorable discharge onto maximum sentence authorized congress.