Page:Federal Reporter, 1st Series, Volume 4.djvu/797

UNITED STATES ». BEERY. Î83 �and to preserve peace on the bordera," approved June 3, 1834, (4 S't. at Large, 729,) pro vides that "ail that part of the United States west of the Mississipipi, and not within the Btates of Missouri and Louisiana, or the territory of Arkan- sas; also that part of the United States east of the Missis- sippi river, and not within any state to which the Indian title has not been extinguished, for the purposes of this aot, be taken and deemed to be the Indian country." �The Ute reservation of Colorado is not within the territory here described. It was not at the time of the passage of that act a part of the United States, but was subsequently ao- quired from Mexico. It was originally embraced within the territorial limits of the territory of Utah. 9 St. 453. �By section 7 of the act of congress of February 27, 1851, (9 St. 587,) it is provided "that ail the laws now in force reg- nlating trade and intercourse with the Indian tribes, or such provisions of the same as may be applicable, shall be, and the same are hereby, extended over the Indian tribes in the territories of New Mexico and Utah." Whether the efiect of this provision was to make New Mexico and Utah, including what is now the Ute reservation of Colorado, Indian country, is to my mind quite doubtful. It is, however, not necessary to decide that question, since it is perfectly olear that by vir- tue of the treaty-making power the United States had, prior to the organization and admission into the Union of the state of Coloirado, brought the Ute reservation above named within their sole and exclusive jurisdiction, and no doubt whatever is entertained that the federal courts had, prior to the ad- mission of said state of Colorado, complete jurisdiction to hear, try, and determine ail cases of murder committed within the limits of that reservation. The determination of this case must turn upon the question whether the United States were ousted of their jurisdiction over the said reserva- tion by the provisions of the act entitled "An act to enable the people of Colorado to form a constitution and state gov- ernment," etc., approved March 3, 1876, (18 St. 474.) The decision of this question will require the consideration and construction of the said enabling act, in connection with ����