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rect position, this Court has no jurisdiction Of the
offence charged against the defendant. He is a
slave, the property of Cherokee Indian, resident
in the Indian country, constituting part of the
Indian Tribe, amenabIe to their laws-and in the
view Of the act of Congress may be correctly de-.
nominated an Indian. The defendant then is en-
braced by the proviso of the act, and consequent
ly this Court has no jurisdiction of the crime
charged against him.


it is therefore considered by the Court that tho
defendant be discharged for the want of jurisdic-
tion.