Arkansas intelligencer. [volume] (Van Buren, Ark.) 1842-1859, 1844-02-03
INDIAN JURISDICTION OVER WHITE
MEN IN THE INDIAN COUNTRY.

The late trial and execution of jacob West,
white man with on Indian family, in the Cherokee
Nation, caused much excitement upon our border
and was near disturbing tho peace of the whole
frontier. This excitement was, in great mea-
sure attributable to the political character 1t as
suned, and the political cause from which it ORR
einated The murder for which West was tried,
occurred at an election precinct during time OF
high political excitement. Consequently the pre-
iudces of all parties were so great that the i'm
portnnce of the question which it involved, was
lost sight Of Both parties in the Nation, and
their friends in the States. yed themselves on
either side, regardless of the great principle in
volved.
The authorities, and citizens generally in the
Cherokee nation, commended that they had right
to try all their citizens whether achie or red. They
argued that white citizen enjoyed with their cit
zens the following privileges: viz the use of their
lands in common, portion Of the annuities, tho
benefit of tho school and other funds Of the nation
the privilege Of voting, free of taxation, and the
free pursuit OF riches and happiness. That no
man whether achite red should enjoy these ad-
vnntages without mourning the common response
bsies of all citizens. They regard it as an out
rage upon their rights and dignity that white
man can come and intermarry among them and
avail himself Of all these advantnges-to enrich
himself under their la VS. and to have them en-
forced upon delinquent Indians; and when his life
becomes endangered, by an nfraction of these
same laws, under which he has been enjoying so
oHy
them and claim the protection of the laws of the
land from which he had removed; and which he
does not support.
Such arguments are forcible and should be lis
tened 10 with attention oy our Government. If
this state Of things is suffered to exist, there will
be established irresponsible and privileged class
in the Indian country that would be obnoxious 10
the Indians, and foreign to the genius of our in
stitutions. Justice should forbid US to flsten up
on Indians, IN evil which we would no. bear our
selves.
Those who deny the righ: OF the Cherokee Is to
try white man, under any circumstances, con.
tend that citizen of the United States never loses
his citizenship wherever he may be within the So.
! vereiSn jurisdiction of the American Govern
ment That the life of no citizen can be taken
from him, within our jurisdiction, without trial
before jury Of his own countrymen, which
.-e----.~- suoTuntled by the consIIIuuon. They
contend that the Intercourse law provides, clea r.
ly for the punishment of all crimes committed by
white man in the Indian country. And assert
that the citizens of this State will never remain
quiet and see white man dragged before n
jury OF lgnoran. and prejudiced Indians, to be pu,
upon trial for his life.
lille we acknowledge tina, the foregoing legal
reasons, urged, may have some foundations, we
must dissent from reasons of violent feeling and
prejudice influencing the conduct of an adverse
party. The propagation Of such feeling will in
evltably involve us in a border war. For as yet
II IS an unsettled question, and the Indians will
maintain .hoir side until it is settled by the Go.
vornmenl at Washington. 1t is matter within
the exclusive province of the General Govern.
ment, and one, over which we have no control.
The right of citizen Of the United States with.
IN Its sovereignty, to claim a trial before Jury
OF his countrymen, we sure, is not doubted
in any quarter. The question that arises in our
minds, is, whether white man, a citizen of the
H"'o'' 81 oOiiSo hIicu ociOT6 jury Oh
Cherokees is not tiled before his oarn counfrymea?
If he is not a countryman of the Cherokees, to
what country does he beong9 Not surely to Ar.
kansas, or Massachusetts.
We hope the Federal Government will set.
tie this question speedily, before another excit.
ing case occurs to disturb the peace of the coun-
try. We certainly do not wish to see an Amer
can citizen deprived of one single prerogatve.
yet we should like for the Indians to know the OK
tent of their jurisdiction over all persons forming
constituent part of their nations, and the anne.
nibihy OF those men to the Indian laws. they
can then retain among them. or expeI as they
please, such an irresponsible class who will MOI,
live under the jurisdiction they recognize. nor re-.
cogize the jurisdiction Of the country where they
live. Such class is lily calculated to improve
tho morals of the Indians, or to preserve peace on
the frontier.
Since weeommenced the foregoing, case has
come up similar to the one mentioned at the OPEN
ing Of this article. News has reached us Of
horrid murder being committed in the Cherok ee
nation, on the person of white man by another,
h,,h la, l. e.