163 U.S. 376 (1896), argued 16–17 Apr. 1896, decided 18 May 1896 by vote of 8 to 1; White for the Court, Harlan in dissent. Talton v. Mayes was an appeal by a Cherokee from a homicide conviction by a Cherokee Nation court. He contended that his trial violated the Fifth Amendment because the grand jury that indicted him consisted of only five members, as permitted by Cherokee law. The Supreme Court held that the Fifth Amendment did not apply to legislation of the Cherokee Nation. The Indian tribes have retained the sovereign power to make their own laws, which is binding on tribal members unless in conflict with some provision of federal law specifically applicable to tribal governments.
Talton v. Mayes has been interpreted to hold that constitutional limitations on the federal and state governments do not of their own force limit Indian tribes, which are not “states” of the union within the meaning of the Constitution. The Indian Bill of Rights of 1968 modified the Talton holding by imposing on tribes certain specified securities for personal liberty copied (sometimes in modified form) from the United States Constitution.
See also Native Americans.
— Rennard J. Strickland
