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7
suggest a resemblance.

But it is said that the Indians are within the jurisdiction of the United States and subject to its laws. This is true only in a qualified sense. We punish an Indian when he commits an injury upon a citizen because we are bound to protect our citizens from all injuries by whomsoever committed. We punish a [[strikeout]] white man [[/strikeout]] a citizen who commits an injury upon an [[strikeout]] injury [[/strikeout]] Indian because by reason of his allegiance to the government, the government can hold him accountable for his acts wherever committed. In either case the court has jurisdiction because the United States is party plaintiff and the rights and duties of a citizen are involved.

See last paragraph Justice Johnsons opinion. Cherokee Nation vs Georgia [[?5 Retus]] 193.

But the United States court has no jurisdiction over controversies between Indians themselves or between Indians of one state and Indians of another state. If an Indian kills another member of his tribe he cannot be arraigned in our courts  [[strikethrough]] If [[/strikethrough]]

See Sec 2146 - Revised Statutes
If a trespass be committed by an Indian upon a white man or by a white man upon an Indian neither can sue the other in the federal courts
[[in margin]]335[[/in margin]]