Page:Federal Reporter, 1st Series, Volume 7.djvu/909

 UNITED STATES »* BEIDBEMAN. 897 �Miller that the act of 1834 conferred upon the National cOtrts jurisdiction of offences against the laws of the United States committed on Indian reservations iii Kansas, but that the act admitting th© state into the Union had soiar modified that act as te deprive the circuit court of jurisdiction in that par- ticular case, which was an indictment for murder comnaitted by one white man upon another, upon a reservation set apart by treaty for thfi Kansas tribe of Indians. ' �In U. S. V. Yellow Swn, 1 Dil. 271, it was held by Mr. Jus- tice Dillon that the national courts in Kansas did not have jurisdiction of the crime of muJ?der comioitted within the state of Kansas and not upon a reservation, by Indians beloligi ing to a reservation therein, with an intimation that if the crime had been committed ow the reservation the rulirig 'vlrbuld have been different. �In U. S. V. Cisna, 1 McLean, 256, it Was held that the power of congress to regulate commerce with the Indian tribes does not cease on their beiug included within the limits of a state, but that the federal jurisdictiofi must ceiase, or is lost, where the Indians oocupy a very limited territory, and are practically absorbed by the surrounding white pop- ulation. �But in U. S. V. Holliday, 3 Wall. 407, it was held by the supreme court that the power of congress to regulate com- merce with the Indian tribes is co-extensivewith the subject, and applies to individuals constituting the tribes, although off a reservation and within the limits of a state, and there- fore the act of 1864, supra, for the punishment of a person who disposes of spirituous liquor to an Indian under the charge of an agent, is constitutional, although the disposition took place within the limits of a state, to an Indian not upon, or belonging to, a reservation. �On June 9, 1855, a treaty was made with the Wallawalla, Cayuse, Umatilla, and other tribes and bands of Indians in Oregon and Washington territory, by which the reservation in question was set apart for the exolttsive use of the Indians in consideration of theit ceding their rights to a large estent �v.T,no.ll— 57 '■ - ��� �