Edward Douglass White

“ The crime of murder committed by one Cherokee Indian upon the person of another within the jurisdiction of the Cherokee Nation is, therefore, clearly not an offense against the United States, but an offense against the local laws of the Cherokee Nation. Necessarily, the statutes of the United States which provide for an indictment by a grand jury, and the number of persons who shall constitute such a body, have no application, for such statutes relate only, if not otherwise specially provided, to grand juries impaneled for the courts of and under the laws of the United States. ”

“ If these propositions be correct, the fifth amendment must be understood as restraining the power of the general government, not applicable to the states.' The cases in this court which have sanctioned this view are too well recognized to render it necessary to do more than merely refer to them. ”