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therein as his right, and secured to him by that fundamental law of our government. Then proceed to the next clause of that section:"

In support of my argument that the Judicial power of the United States does not extend to an Indian I desire to cite the opinion of Chief Justice Marshall – "At the time the Constitution was framed the idea of appealing to an American Court of Justice for an assertion of right or redress of a wrong never entered the mind of an Indian or of his tribe. Their appeal was to the tomahawk or ^[[to]] the government. This was well understood by the Statesmen who framed the Constitution of the United States and might furnish some reason for omitting to enumerate them among the parties who might sue and the Courts of the Union."
Cherokee vs. State of Georgia 5 Return 181 –

The learned Chief Justice continues, "If it be true that the Cherokee nation have rights this is not the tribunal in which those rights are to be asserted. If it be true that wrongs have been inflicted and that still greater are to be apprehended, this is not the tribunal which can redress the past or prevent the future."

Says Judge Faury in the Dred Scott case speaking of revolutionary times "No one supposed
[[margin]] 352 [[/margin]] then that any Indian would ask for or was capable of enjoying the privileges of an American citizen"
19 Howard Page 420