The Van Buren press., 1867-11-29
Important 10 the Cherokees


United States District Court, Wednesday
morning last delivered his opinion upon
the motion to arrest the judgment in the
ease Of the United States vs. Benjamin
Goss.
At the last term of the United States
District Court for the Western District of
Arkansas, the said Goss was indicted for
giving liquor to James Henson, Chero.
kee Indian in the Cherokee Nation; il
was shown in evidence that Goss was a
Cherokee Indian; that Henson was also
a Cherokee, and that The liquor was given
ja the Cherokee Satiou Judge Caldwell
charged the jury. that IL they believed
from the evidence that Goss gave the
liquor TO lIeason, and that Henson was
an Indian, they must convict, and that it
made no difference whether Goss was also
an Indian or not, or whether the giving
was in the Cherokee Nation ornot.
In accordance with this charge of the
Court, the jury returned 4 verdict Of gull
ty.
Mr. Boulinot, rs attorney for Goss,
moved the Court TO arrest the Judgment,
assigning for cause, that the Court had
no jurisdiction to try the case; the mo-
ton was argued at length by Messrs.
Boudinot, Walker and Wilcox, in which
the several acts of Congress and amend
ments thereto bearing upon this subject,
were thoroughly discussed. From these,
it seemed to US, it was conclusively
shown, that jurisdiction over the persons
of Indians for offences where Indians
were the only parties, committed in the
Indian country, was expressly denied to
the United States Courts. Judge Cald-
well, however entertaining some doubt
upon the subject, declined to determine
the question at the last term of the Court
and admitted the defendant, Goss, to bail
for his appearance at the present term.
Mr.. Boudinot, in support Of the mo,
tion in arrest, in addition to the review of
the acts of Congress at the last term,
urged, that, even cOnceding jurisdiction
could reasonably be claimed by the Unit
ed States Courts under the acts of Con
gress, the 18th article of the Cherokee
treaty of 1866 emphatically denied it.
Such article reads as follows:
ARTICLE Mi. The Cherokees also
agree that Court or Courts may be estab-
lished by the United States in said Terri
tory, with such jurisdiction and organic
ed by law Proyided-That the Judicial
tribunals Of the Nation shall be allowed
to retain exclusive jurisdiction in all civil
and criminal cases arising within their
country, in which members of the Nation
by nativity or adoption shall be the only
parties, or where the cause of action shall
arise in the Cherokee Nation, except as
otherwise provided in this treaty.
This article gives exclusive jurisdiction
to the Cherokee Courts over all cases
arising in the Cherokee Nation, where
" members of the Walton By nativity or adop-
ton shaH be The only porties;:" the Goss
case was one "ar,stng IN tie Cherokee
-Nohon;" Goss and Henson were the
Dc only part,eS,' both were proved to hc
"mc0s6erS Of tie Nation By natigity" 1t
would be difficult to imagine anything
more conclusive than the corollary, that
the "Judicial tribunals of the Nation
have exclusive jurisdiction over the case.
The Court, however, in delivering its
opinion, sustained the motion in arrest,
after an exhaustive and able review of the
acts Of Congress, before referred to but
Ignored the 18th article Of the Cherokee
treaty as entirely y irrelevant to the qucs-
ton; the Judge expressed the opinion
that the entire article was prospective in
meaning, and that it was a question of
SllN Z NOubI NucLutI tIlc lHGfOkGO courts
would have jurisdiction over a citizen by
adoption or marriage, until the Indian
territory is organized and the Courts au-
thorized by it are established. To our
mind, this view Of the matter is at vari-
ance with the whole spirit Of the treaty.
and especially with the plain meaning of
the provision to the 18th article quoted
above; however, from this Court there ts
no appeal and we would advise our Cher
okee ncighbors 10 try their hand again
perhaps they would be able in a supple
mental treaty TO construct a sentence or
two, that would be understood by Courts,
as well as By the bar and the people.
His Honor referred to the words
except as otherwise provided in this
treaty'-0s used in the 18th article; this