 | Law - 1831 - 494 pages
...more. Let us attend to their words. ' Is the Cherokee nation,' asks the Chief Justice, ' a foreign state in the sense in which that term is used in the Constitution ? ' The counsel for the plaintiffs have maintained the affirmative of this proposition with great earnestness... | |
 | Cherokee Nation, Richard Peters - Cherokee Indians - 1831 - 332 pages
...unquestionably be sued in this court. May the plaintiff sue in it? Is the Cherokee nation a foreign state in the sense in which that term is used in the constitution? The counsel for the plaintiffs have maintained the affirmative of this proposition with great earnestness... | |
 | Joseph Blunt - History - 1832 - 720 pages
...unquestionably be sued in this court. May the plaintiff sue in it ? Is the Cherokee nation a foreign State, in the sense in which that term is used in the Constitution ? The counsel for the plaintiffs have maintained the affirmative of this proposition with great earnestness... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...THE STATE OP GEORGIA ; 412' An Indian tribe, or nation, within the United States, is not a foreign state, in the sense in which that term is used in the constitution, and cannot maintain an action in the courts of the United States. ^ / WORCESTER v. STATE OF GEORGIA.... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1855 - 702 pages
...; but the court is of opinion, that this distinction cannot be maintained. They may differ in many respects, but neither of them is a State, in the sense...the courts of the United States, under the Judiciary Act,1 is equally applicable to a citizen of a Territory. Gabriel Winter, * then, [ * 95 ] being a citizen... | |
 | Henry Wheaton, William Beach Lawrence - International law - 1855 - 938 pages
...Cherokee nation of Indians, dwelling within the jurisdictional limits of Georgia, was not a " foreign State " in the sense in which that term is used in the Constitution, nor entitled, as such, to proceed in that Court against the State of Georgia, yet the Cherokees constituted... | |
 | Henry Flanders - 1858 - 572 pages
...unquestionably, be sued in this Court. May the plaintiff sue in it ? Is the Cherokee nation a foreign State in the sense in which that term is used in the Constitution ?' the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 698 pages
...; but the court is of opinion, that this distinction cannot be maintained. They may differ in many respects, but neither of them is a State, in the sense in which that term is used in the Consti tution. Every reason assigned for the opinion of the court, that a citizen of Columbia was not... | |
 | Law - 1901 - 510 pages
...an attempt was made to distinguish a territory from the District of Columbia. But it was said that " neither of them is a State in the sense in which that term is used in the Constitution." In Scott v. Jones (5 How. 343), and in Miners' Bank v. Iowa (12 How. 1), it was held that under the... | |
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Is the Cherokee nation a foreign state in the sense in which that term is used in the Constitution ? The counsel for the plaintiffs have maintained the affirmative of this proposition with great earnestness and ability. 
