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Lucas v. United States
''Lucas v. United States'', , was a United States Supreme Court case in which the Court held that whether a Negro freedman was a member of the Choctaw Nation was a question of fact for the jury, and his non-Indian status may not be presumed.
==Background==
The Choctaw Nation was one of the Five Civilized Tribes in the Indian Territory (now the eastern part of Oklahoma), and under their treaty with the United States, were allowed to have its own court system to try Indian on Indian crime.〔Treaty with the Choctaw and Chichasaw, Apr. 28, 1866, ; ''Lucas v. United States'', ; 2 918 (Charles J. Kappler ed., 1904).〕 When the crime was Choctaw on Choctaw, the tribal courts would handle the trial, but if it involved a non-tribal member, the case was handled by the federal court in Fort Smith, Arkansas.〔, at 8.〕 Tribal members included freedmen, African-Americans who had been slaves and who had been adopted by the tribe after the Civil War.〔, at 63; John Rockwell Snowden, Wayne Tyndall, & David Smith, ''American Indian Sovereignty and Naturalization: It's a Race Thing'', 80 171, 210 (2001).〕
In 1894, Eli Lucas, a member of the Choctaw Nation, was indicted in the Circuit Court for the Western District of Arkansas for the murder of Levy Kemp, an African-American.〔''Lucas'', 163 U.S. at 612; , 192 (1975); , at 62.〕 In 1895, Lucas was tried in Judge Isaac Parker's court, where witnesses said that Lucas had followed Kemp after a ball game and killed him.〔, at 63.〕 The defense claimed that Lucas was not truthful when he had boasted that he had killed Kemp, but that some other, unknown person had committed the murder.〔, at 192; , at 364.〕 Lucas was convicted of murder, and sentenced to hang.〔''Lucas'', 163 U.S. at 612; , at 192; , at 63.〕
Lucas's attorneys filed an appeal, and the Supreme Court agreed to hear the case.〔, at 63-64.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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