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the [[underline]] Indian tribes"[[/underline]].
 
     This clause clearly [[strikethrough]] defines [[/strikethrough]] contradistinguishes by a name appropriate to themselves the Indian tribes from foreign nations and from the several states comprising the Union. The Indian tribes are designated by a distinct appellation, and as this appellation can be applied to neither of the others, neither can the appellations distinguishing either of the others be in fair construction applied to them. The objects to which the power of regulating commerce might be dissected and divided into their distinct classes - foreign nations, the several states and the Indian tribes. When framing the article the convention considered them as entirely distinct."

     Justices Johnson and Baldwin in most elaborate opinions discussing the entire policy of government to the Indian tribes made the same decision that the Indian tribes are not foreign states or nations.

     It may however be urged that while the Indian tribes do not possess that constituency or compact government which would entitle them to be considered a foreign state, yet the individual members comprising the various Indian tribes were aliens or citizens of a foreign state and as such could involve the jurisdiction of the federal courts.
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