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right of intercourse with other Europe

 an nations, and the right of prc-emp

 ton ln the discoveries to purchase theii < \ solls as under the control or power 0.

 the Europeans. They were treated as

 nations capable of holding and cedine

 theIr territories, capable of making

 tfeatles and compacts, and entitled to Eail the powers of peace and war, and not as conquered or enslayed communi-

 tles' lie demonstrated this from yari-

 ous historical facts; and showed that

 when upon the Revolution. the Uni fted Colonies succeeded to the. riphts land claims of tue mother country. the

 American Congress uniformly adopted

 and adhered to thesa doctrine, both

 before and after the confederation: that since the adoption of the Constitution

 the same doctrine had as uniformly pre- vailed in all the departments of the Go vefhnent; and that the treaties with the Indians were held to be treaties, ansi obiigatoryin the same sense as trca- { ties between European sovereigns.- He showed also that this had been the established course of things recognised by Geofeia herself, from the adoption ot the Constitution down to inc year ls29, as evidenced by her seldom acts, eompacts, and laws. He then showed that by the Constitution the exclusive power belonged 10 the United States to regulate intercourse with the Indi- ans and to receive sessions of their lands; and to make treaties with them. That their independence of the State Governments had been constantly up- held; that the right of possession to their land was solemnly guaranteed by the United States and by treaties with them, until that title should, with their own consent, be extinguished, and that the laws passed by Congress had regu- lated the trade and intercourse withthcm accordingly. He now reviewed the laws of Georgia in question, and pro- nounccd them to be rcpugHant to the Constitution, treaties, and laws, of the United States. And he concluded b, maintaining that the party defendant in tho present indictment was entitled 10 tho protection of the Constitution. treaties, and laws, of the United States; and that. Georgia had no authority to extend her laws over the Cherokee country, or to punish the defendant for disobediencc to those laws in the Che roflec country.

 MT. Justice McLRsN delivered se- parate opioni on, n,concurrine, in all things, in the opinion of the Court. Mir. Jus. tiee BALDWIN dissented.