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United States, Plaintiffs, v. James L. Dawson, and John R. Baylor, The U.S. 467 (1854)

handle is hein.slavery/ussccases0220 and id is 1 raw text is: DECEMBER TERM, 1853. 467 United States v. Dawson et al. Moreover, as it is admitted that the court below have not yet acted upon the mandate of this court, and entered a final de- cree in pursuance thereof, there is no final decree, from which only an appeal car be taken. See the Palmyra, 10 Wheat. 502; Chace v. Vasquez, 11 Id. 429. There are, therefore, three conclusive reasons for dismissing the present appeal: 1. The appellants have already been heard in this court on a former appeal. 2. There is no such decree as that from which the appeal pur- ports to be taken. 3. There is no final decree in the case, from which an appeal can be taken. The appeal is therefore dismissed. Order. This cause came on to be heard on the transcript of the re- cord from the Circuit Court of the United States for the North- em District of New York, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this court, that this cause be, and the same is here- by, dismissed, with costs. THE UNITED STATES, PLAINTIFFS, v. JAm s L. DAwsoN, AND JonrN R. BAYLOR. In June, 1844, Congress passed an act, by virtue of which the Circuit Court of the United States for the District of Arkansas, was vested with power to try offences cermitted within the Indian country. In July, 1844, it was alleged that a murder was committed in that country. In Apr l, 1845, an indictment was found by a grand jury, in the Circuit Court of the United States for the District of Arkansas, against a person charged with com- mitting the murder. In March, 1851, Congress passed an act erecting nine of the Western counties and the Indian country into a new judicial district, directing the judge to hold two terms there, and giving him jurisdiction of all causes, civil or criminal, except ap- peals and writs of error, which are cognizable before a Circuit Court of the United States. The residue of the State remained a judicial district to be styled the Eastern District of Arkansas. This act of Congress did not take away the power and jurisdiction of the Circuit Court of the United States for the Eastern District tr try the indictment pending. Tns case came up from the Circuit Court of the United States for the Eastern District of Arkansas, upon a certificate of division in opinion between the judges thereof.

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