U. s. CIRCUIT COURT,
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FOR THE DISTRICT OF ARKANSAS.

 Most of our readers, in this State, are familiar with the of Moses .4lberty, an Indian indicted for the murder of MT. Long, a white man, in the Indian country! Alberty and others, for similar of fences, were arraigned at the present term of the Court. When the case of Alberty was called, the Court suggested its want of jurisdiction This ques ton was argued at length, by counsel On the fol- lowing day, April 18th, ls44, Hon. PETER V DANIEL delivered the decision of the Court as follows:

 The United States Upon an Indictment for

 Alberty. '''''

 At the very threshhold of this case, the Court is met by the important inquiry, whether it has jurisdiction to try the offence with which the prisoner stands charged3 This offence Is murder, alledged to have been committed by the prisoner, who is an Indian, upon the body of white man, without the limits of the State and District of Arkansas, and within the Indian country. On either side of the ques- tion here propounded, 1t Is admitted, that the Circuit and District Courts of the United States can take cognizance of matters civil or crimi- nal, so far only as the power so to do is con- ferred upon them by statute: and 1t would seem to be proposition equally plain as general one, that the jurisdiction of those courts so far as it results from the terms of their creation, or is necessarily implied in their constitution, IS restricted within the ter ritorial limits within which they are placed Amongst the exceptions to this general prin- ciple, or perhaps it might with stricter pro- priety of language be said, amongst the in- stances which extend the powers of these courts beyond the restriction above laid down, (and there unquestionably are such,) are said to be certain provisions in the acts of Con- gress, which vest this court with cognizance of the offence on which the accused now stands before us: That is, which authorize the trial before the Circuit Court of the District of Ar kansas, of a murder committed by an Indian upon white man, out of the District of Ar kansas, as defined by the law creating the State, without the limits of any Circuit of the United States, and within the Indian country. Let the provisions relied on for this position be