Notes on 18 U.S.C. § 1151 : US Code - Notes

Search Notes on 18 U.S.C. § 1151 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 757; May 24, 1949, ch. 139, Sec.
25, 63 Stat. 94.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on sections 548 and 549 of title 18, and sections 212, 213,
215, 217, 218 of title 25, Indians, U.S. Code, 1940 ed. (R.S. Secs.
2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, Sec. 1, 18
Stat. 318; Mar. 4, 1909, ch. 321, Secs. 328, 329, 35 Stat. 1151;
Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1932, ch.
284, 47 Stat. 337).
This section consolidates numerous conflicting and inconsistent
provisions of law into a concise statement of the applicable law.
R.S. Secs. 2145, 2146 (U.S.C., title 25, Secs. 217, 218) extended
to the Indian country with notable exceptions the criminal laws of
the United States applicable to places within the exclusive
jurisdiction of the United States. Crimes of Indians against
Indians, and crimes punishable by tribal law were excluded.
The confusion was not lessened by the cases of U.S. v. McBratney,
104 U.S. 622 and Draper v. U.S., 17 S.Ct. 107, holding that crimes
in Indian country by persons not Indians are not cognizable by
Federal courts in absence of reservation or cession of exclusive
jurisdiction applicable to places within the exclusive jurisdiction
of the United States. Because of numerous statutes applicable only
to Indians and prescribing punishment for crimes committed by
Indians against Indians, "Indian country" was defined but once.
(See act June 30, 1834, ch. 161, Sec. 1, 4, Stat. 729, which was
later repealed.)
Definition is based on latest construction of the term by the
United States Supreme Court in U.S. v. McGowan, 58 S.Ct. 286, 302
U.S. 535, following U.S. v. Sandoval, 34 S.Ct. 1, 5, 231 U.S. 28,
46. (See also Donnelly v. U.S., 33 S.Ct. 449, 228 U.S. 243; and
Kills Plenty v. U.S., 133 F.2d 292, certiorari denied, 1943, 63
S.Ct. 1172). (See reviser's note under section 1153 of this title.)
Indian allotments were included in the definition on authority of
the case of U.S. v. Pelican, 1913, 34 S.Ct. 396, 232 U.S. 442, 58
L.Ed. 676.
1949 ACT
This section [section 25], by adding to section 1151 of title 18,
U.S.C., the phrase "except as otherwise provided in sections 1154
and 1156 of this title", incorporates in this section the
limitations of the term "Indian country" which are added to
sections 1154 and 1156 by sections 27 and 28 of this bill.
AMENDMENTS
1949 - Act May 24, 1949, incorporated the limitations of term
"Indian country" which are contained in sections 1154 and 1156 of
this title.
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-297, Sec. 1, May 29, 1976, 90 Stat. 585, provided:
"That this Act [amending sections 113, 1153, and 3242 of this
title] may be cited as the 'Indian Crimes Act of 1976'."