The reports of the case of the Cherokee Nation as, the State of Georgia fill a volume by themselves, and are of vital importance to the listory of Indian affairs. The majority of the judges decided that an Indian tribe could not be considered as a for cign ation, and therefore conld not bring the suit. Judge Thompson and Judge Story dissented from this opinion, and held that the Cherokee tribe did constitute a forcign nation, and that the State of Georgia ought to be enjoined from execution of its ujast laws. The opinion of Chancellor Kent coincided with that of Jndges Thompson and Story. Chancellor Kent gave it as his opinion that the cases in which the Supreme Court had jurisdietion would " reach and embrace every contro- ersy that can arise between the Cherokecs and the State of Georgia or its officers mder the execntion of the act of Georgia."
But all this did not help the Cherokces; neither did the fxet of the manifest sympathy of the whole court with their The technical legal decision had been rendered wrongs agaiust them, and tis delivered then over to the tender mercies of Georgia: no power in the land could help them. Fierce factions now began to be formed in the nation, one for and one against the surrender of their lands. Many were ready stil to remain and suffer till death rather than give them up; but wiscr counscls prevailcd, and in the last days of the ycar 1835 a treaty was concluded with the United States by twenty of the Cherokec chiefs and headmen, who thereby, in behalf of their nation, relinquished all the lands claimed or possessed by them cast of the Mississippi River
The preamble of this treaty is fnll of pathos: "Whereas, The Cherokees are anxious to make some arrangement with the Government of the United States whereby the difficulties they have cxpericnecd by a residence within the settled parts of tho United States under the jurisdiction and laws of the State go- ernments may be terminated and adjusted; and with a view to reuniting their people in one body, and securing а рerma-