The following story was written and reported by Evelyn Red Lodge. All content © Native Sun News.

MINNEAPOLIS, MINNESOTA – The case of Wesley “Chuck” Jacobs, former treasurer of the Oglala Sioux Tribe and recipient of the McArthur Genius Award of nearly $300,000, was decided by the 8th Circuit Court of Appeals last week.

The 8th Circuit Court decided American Indian citizenship and the Major Crimes Act override portions of the 1868 Fort Laramie Treaty.

In mid 2010, Jacobs, a member of the Oglala Sioux Tribe, pled guilty to a dangerous weapons charge and was sentenced by Western Federal District Judge Jeffrey L. Viken, according to court documents.

Jacobs then appealed to the 8th Circuit Court citing violations of Articles I and V of the 1868 Treaty. He also alleged the Major Crimes Act did not intend to devalue the 1868 Treaty’s protections of arbitrary prosecutions without Indian investigative venues.

In short, Jacobs argued that his plea should not have been accepted under federal court jurisdiction citing the step-by-step process in Article V that was not followed. The process in Article V involves; an investigation by an Indian Agent living among the tribal members, a report be issued to and a determination by the Commissioner of Indian Affairs, according to Yale Law School’s Avalon website.

In this case, the 1885 Major Crimes Act came into play when a defined serious felony was committed by an American Indian against an American Indian of the same tribe while in Indian Country.

Although Jacobs did not cite any conflict between the treaty articles and the Major Crimes Act, he did allege federal jurisdiction under the act could not be obtained until the steps in Article V were followed.

In the 8th Circuit’s answer to the appeal, the court found congressional intent at the time was “full implementation of federal criminal jurisdiction” in the context of the Major Crimes Act.

As to treaty article violations, the Court said that the granting of citizenship by Congress made American Indians “subject to all restrictions” like other citizens and in any state. The Court also found that according to “legislative history and the language of the statute,” Congress intended to override treaty provisions “to the contrary.”

Not only has this appellate court rejected Jacobs’ appeal, court documents state this court has “consistently rejected similar challenges.”

(Contact Evelyn Red Lodge at welakota@yahoo.com)

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