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constitution.
     We shall urge in this argument that the judicial power of the United States does not extend to these complainants or to the Indian tribes, and if this is a case within the judicial power of the United States, Congress has not conferred jurisdiction of such a case upon the District Court or upon the justice thereof sitting at Chamber.
     The complainants if they would bring themselves within the limits of the judicial power of the federal government must be either a foreign citizen or subject, or a citizen of one of the states, or this must be a case arising under the constitution, the laws of the United States and treaties made under their authority.
     We inquire First: Are the complainants citizens or subjects of a foreign state?
     In the celebrated case of the Cherokee Indians Nation vs  The State of Georgia 5 Petus Page 15 Chief Justice Marshall decides after a most convincing and learned argument, that the Cherokee tribes or nation of Indians, and in fact all the Indian nations or tribes are not foreign states but might more properly be called "domestic dependent nations."
     To enforce the conclusion he cites the eighth ^[[insert]] section [[/insert]] of the third article of the constitution which empowers congress to "regulate commerce with foreign nations and among the several states and with the 
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