---
title: "General Crimes Act | Native American History"
description: "General Crimes Act is the 1817 law extending federal criminal law into Indian Country, especially for crimes involving non-Indians in Native American History."
canonical: "https://fiveable.me/native-american-history/key-terms/general-crimes-act"
type: "key-term"
subject: "Native American History"
unit: "Unit 6"
---

# General Crimes Act | Native American History

## Definition

The General Crimes Act is a federal law that extends U.S. criminal law into Indian Country. In Native American History, it matters because it changed who could prosecute certain crimes involving Native and non-Native people.

## What It Is

The General Crimes Act is an 1817 federal law, now codified at 18 U.S.C. § 1152, that brings general federal criminal law into Indian Country. In simple terms, it lets the federal government prosecute certain crimes that happen in tribal territory when the case falls outside tribal-only jurisdiction.

The biggest thing to know is how the law divides authority. It mainly applies when a non-Indian commits a crime against a Native person, or when non-Indians commit crimes against other non-Indians in Indian Country. That means it was designed to fill part of the legal space where federal officials wanted more control, especially in places where state law usually did not reach.

The law does not cover every possible offense. It does not generally handle civil disputes, and it does not fully cover crimes where both the offender and the victim are Native American. That gap mattered a lot, because it left some serious crimes outside the law's reach and showed how messy federal, tribal, and sometimes state jurisdiction could be.

That limitation became even more visible after Ex Parte Crow Dog in 1883. In that case, the Supreme Court recognized limits on federal punishment of a Native person for a crime against another Native person in Indian Country, which helped set the stage for the Major Crimes Act of 1885. In other words, the General Crimes Act was part of the legal groundwork, but it did not solve the whole jurisdiction problem.

In Native American History, this law fits into a larger pattern of the federal government increasing its authority over Native affairs in the 19th century. It shows how law became one of the main tools for tightening federal control while tribal nations continued to assert their own sovereignty and justice systems.

## Why It Matters

The General Crimes Act matters because it shows how federal Indian law started to redraw the boundaries of power in Indian Country. When you study Native American History, this law helps explain why criminal jurisdiction became such a contested issue between tribal nations and the U.S. government.

It also gives you a clear example of federal intrusion that was not total but still significant. The law did not erase tribal authority, but it did create a system where some crimes could be pulled into federal court based on who the people involved were and where the crime happened. That is a big shift from a world where tribal justice systems handled more of these disputes on their own.

The General Crimes Act also sets up later developments, especially the Major Crimes Act. If you know the earlier law, it is easier to see why Congress stepped in again after Crow Dog. The pattern is a useful one for essays and discussions: a legal gap appears, a court case exposes it, and Congress responds by expanding federal power.

This term also helps you read sources about sovereignty more carefully. When a text talks about criminal law in Indian Country, you should ask who had authority, who did not, and whether the case involved Native people, non-Native people, or both.

## Connections

### Indian Country

The General Crimes Act only works in Indian Country, so you need that term to understand where federal criminal law can reach. In Native American History, Indian Country is not just a geographic label, it is a legal one. That legal status shapes whether tribal, federal, or state authority applies in a given case.

### Tribal Sovereignty

This law is one example of the push and pull around tribal sovereignty. Tribal nations had their own systems of justice, but the General Crimes Act let federal law step in for some offenses. That makes the term useful whenever a question asks how Native nations kept authority while the U.S. government expanded its control.

### [Major Crimes Act](/native-american-history/key-terms/major-crimes-act)

The Major Crimes Act was a direct response to the jurisdiction gap the General Crimes Act left behind. When both the accused and the victim were Native, the General Crimes Act did not fully solve federal authority, and Congress later expanded federal power further. The two laws are often studied together because one helps explain why the other was passed.

### [Oliphant v. Suquamish Indian Tribe](/native-american-history/key-terms/oliphant-v-suquamish-indian-tribe)

This case is useful for seeing how criminal jurisdiction kept changing over time. The General Crimes Act is about federal authority over some crimes in Indian Country, while Oliphant deals with limits on tribal criminal power over non-Natives. Together, they show how courts and Congress kept sorting out who could prosecute whom.

## On the AP Exam

A quiz question might give you a crime scenario and ask who has jurisdiction, or it might ask you to match the General Crimes Act with the federal government's expanded authority in Indian Country. On essays or discussion prompts, use it as evidence that federal Indian law did not just define tribal boundaries, it also controlled criminal justice. If you see a source about a non-Native offender, a Native victim, or a federal court case about Indian Country, this is one of the first laws to think about. It often shows up in chronology questions too, especially when you are tracing how Crow Dog led to the Major Crimes Act.

## General Crimes Act vs Major Crimes Act

These two laws are easy to mix up because both deal with crime in Indian Country and federal jurisdiction. The General Crimes Act covers certain crimes involving non-Indians, while the Major Crimes Act expanded federal authority over specific serious crimes committed by Native people in Indian Country. If you remember the jurisdiction gap left by the General Crimes Act, the Major Crimes Act makes more sense.

## Key Takeaways

- The General Crimes Act is an 1817 federal law that extends federal criminal law into Indian Country.
- It mainly covers crimes involving non-Indians, especially non-Indian offenders and victims in Indian Country, or non-Indian crimes against Native people.
- It does not fully cover crimes where both the offender and victim are Native American, which left a major jurisdictional gap.
- That gap helped lead to the Major Crimes Act after Ex Parte Crow Dog in 1883.
- This law is a clear example of how federal Indian law shifted power away from tribal justice systems in some criminal cases.

## FAQs

### What is the General Crimes Act in Native American History?

It is a federal law from 1817 that extends general U.S. criminal law into Indian Country. In Native American History, it matters because it changed how certain crimes were handled when Native and non-Native people were involved.

### What crimes does the General Crimes Act cover?

It mainly covers federal crimes like assault, robbery, and murder when the case fits federal jurisdiction in Indian Country. The law is especially relevant when a non-Indian is involved, but it does not solve every criminal jurisdiction issue.

### Why did the General Crimes Act lead to the Major Crimes Act?

Because the General Crimes Act left a gap when both the accused and the victim were Native American. After Ex Parte Crow Dog exposed that gap, Congress passed the Major Crimes Act in 1885 to expand federal power over serious crimes.

### Is the General Crimes Act the same as tribal law?

No. Tribal law comes from the authority of the Native nation itself, while the General Crimes Act is a federal statute. The law shows how federal power entered Indian Country and overlapped with, but did not replace, tribal sovereignty.

## Related Study Guides

- [6.7 Federal Indian law](/native-american-history/unit-6/federal-indian-law/study-guide/NT1cJRoezSf0YX8G)

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