The Arkansas advocate., 1836-12-09

TA-wAN-GA-cA, or Townmaker-an 0sage lndian
 charged wiih murder committed in the Indian
 country west of Arkansas.
 TIE UNITED STATES
 
 JAMES LovE--a Cherokee, charged witt the same
 crime.
 In the first case, Judge JOHNSON decided, after hearing he argument of counsel, that the prisoner must be discharged. The grounds for the opinion, as given by the Court, were the following:
 The Court said that the prisoner had been indicted for murder at term of the Superior Court of the late Territory of Arkansas. That Court was competent to try him for the crime law of tue United States had conferred upon it jurisdiction of capital crimes commit ted in that part of the Indian country west of Arkansas The Superior Court of the Territory had ceased to ist and no trial in this case was had. The District Attorney pro tcmpore moves the Court here to commit ,he prisoner to ja and produces to the Court as evidence of the commission of the crime sufficient to authorse the commttal asked for, the original n. dictment found against the 0snge at term of the Su- perior Court of the Territory. The first question Jo'ssSiNssSS VI the offence.
 The act of Congress establishing inc Arkansas Dis trct Court gives 1t "the powers tha were by la" given to the Kentucky District Court by an act esab" fishing the judicial Courts cf the United States" The act referred to was passed in l789. It gave 10 the Kentucky District Court no power to hear, try or de- ternne any matter arising beyond the limits of tue State of Kentucky All the laws giving to the Circuit and District Courts of the United States jurisdiction ot crimes committed in the Indian country have been passed subsequent to 17s9. The Courts of the United States are Courts of hmited jurisdiction, and the su- preme Court has decided that their jurisdiction IS excepted out of the jurisdiction of the State Courts, they can take jurisdiction and possess no power, except such as expressly given by acts of Congress- The law establishing this Court refers expressly to the law of l7s9 and gives to this Court all the powers which by that law given to the Kentucky Court This Court, io defining it's powers and limiting is own jurisdictions has no other guide than the law of l7S9. Congress has conferred upon 1t no other pow CTS, and jurisdiction no extended. than by that aci given to tine Kentucky Court. The special grant of particular powers in this excludes the possbi ty of assuming any powers not expressly granted. This Court cannot assume 10 itself any of the powers, or cohe itself with any of the jurisdiction, granted 10 the Kentucky Court by laws subsequent to the act of l7s9.
 Congress- has specifically defined inc boundaries of the State of Arkansas and by giving to this Court on- ly the powers given to the Kentucky District Court by the act of l7s9, it has given this Court no jurisdiction beyond those boundaries. Several laws were passed subsequent to l7s9, giving the different U. s. Courts jurisdiction over crimes committed in the Indian try. The provisions of none of these laws deear- cd by Congress to apply to this Court This Court is referred solely to the law of l7S9, and the possibility of taking jurisdiction by virtue of any subsequent law is absolutely excluded.
 Nor Is this Court the successor of the Superior Court of the Territory. That Court has ceased to ex st This is new Court established by special law, and having specific and limited powers. Congress has neglected even to continue to this Court the bu siness of the United States pending in the late Superb or Court. They have moi day, they tTiable here. This Court neither succeeds 10 the business to the powers of that. The powers of that Court were far extensive than of this; and much this Court may regret that it has not the power, still it IS clear in the opinion that it claim no jurisdiction be- yond the limits of the State. Upon this ground the prisoners will be discharged.
 The reader is not to suppose that the foregoing is she whole opinion of the Court It is simply brief abstract of it-written down from memory No one can doubt that the opinion was correct. Under the existing law of Congress, crimes committed n the ln- dian country west of Arkansas are punishable no- where. Congress should therefore remedy the evil oc- casioned by their oversight and the haste with which they brought us into the Union.