Alabama state intelligencer., 1831-04-13
From the Washington Globe.
IVIIf NIN " '71I'''I 5 'N'' LYMAN QUESTION,

favored us with the following coHlnniiioa'i0i'
 For "1he Globe" The Supreme Court has just decided tne case of "the Cherokee Nation a8alhs' ehe Stateof Georgia. l heard all the opil,ionse pmi':le read. and had a glance at that of the oh1el Justice in manuscript. believe understand and remember the principles on which the case was decided.
 The Cherokecs, claiming to be ioreiSh State. filed their bill in the Supreme Conrt' setting forth numerous grounds of mPiaill'' against the State of Georgia, and praying amonc other things, that this State, her 6o- vernon, other officers, and all her cltlzchs' should be perpetually enloned from interIer- 1T, Ter ing. in any manner, with the lands Withlh .lie Cherokee boundary; that the Gherokec Wa tion should be declared sovereign and inde- ncndent State: that the laws of Georgia, claiming the exercise ofjurisdction over them, be declared null and void, and that the trea- ties with them should be carried into full force against the claims of Georgia
 The Chief Justice, in concise, but able opinion. declared it to be the judgement ot majority of the Court, that the 1yHnction should be refused and the bill dlsmissed.- He admitted the Cherokee tribe ot Indians to be State having peculiar relations with the United States, but of what particular descrip- ton, he did not define. He contcnded that tnls indian trloe was s laot r1 tdfi mol rn- certain original jurisdiction of the cause. His reasoning on this point, thought entirely con- elusive. He insisted also that the matters of complaint set forth in the bill, were wholly of a political character and therefore not pro- per subjects for Judicial cognizance. On this ground, too, it was decided the Court had no jurisdiction. This last principle seems to pre- clude every inference attempted to be drawn from other parts of the opinion, that the Court intimated that some other course, sus- taining the Indians in their pretensions, could be taken, before other Judicial tribunals, hay ing original jurisdiction. Nor did l hear any thing by either of the Judges, from which it could be justly inferred that, in their opinion, there was any mode by which the rights of these Indians, as individuals, to the lands claimed by them, could be brought before the Supreme Court for adjudication. Judge Baldwin delivered learned and very able opinion in which he denied that the Court had jurisdiction on any of the grounds set up. He contended that the Cherokee Nation was not foreign state; that it was not State; and that it had no political existence whate- yer He traced the history of Indian affairs in this country from early times, showing in lucid manner, that by no act of any ot these States, or of the old Congress, or of the Go vernment of the United States, under the present Constitution, had any Indian tribe been recognised as an independent state; that their right to the country occupied by them was mere right Of occuhancy; and in fine the whole of his arguments and authorities went to justify the course pursued by the Pre- sident in relation to these Indians, and to sup port entirely the State of Georgia in her claim of jurisdiction over them.
 Judge Joh,ison gave an opinion, with his usual ability, force and perspicuity, showing again his great good sense and prudence from 7uhich he Uery seldom detarts in all matters touching the rights of the States and the powers of the General Government.- Agreeing with the majority of the Court in their judgement pronounced, he gave his own reasons which differed in some respects from those given by the Chief Justice and by Judge Baldwin He went further than the former, but not quite so far as the latter. He denied that the Cherokee Nation was foreign State. He acknowledged that the Indian tribes had some political existence, but contended that they were not States; that until the govern mcnt recognised them as independent States, it was not in the power of the Court so to re- cognize them. He argued that they never had been thus recognized; and he contended that if the Cherokee Nation was a foreign State, and this character alone could give them right to sue in that Court, then most
  ters transhiring and eristmg entirely zvithin he limits of such foreign State. This argu- ment was considered happy, forcible, and in- deed unanswerablc.
 Judge N1sLean agreed in dismissing the bill, but gave no written opinion. Judge Story and Ihomhson were not present, but it is said \ they dissented on every point. Judge Duvall \ was absent during the whole trial.
 \ Thus has blown over tremendous storm, attempted to be got up for political purposes, without the slightest injury being done to the Administration, or any of it's friends. The whirlNind rushes on those who raised it. If the Indialishad been sustained by the court, the decision would have been proclaimed as complete, overthrow of the present Admins- tration. The Court has decided in favor of the views df the Executive, and the effect must be as beneficial now, as it would have been adverseto the President, had contrary decision been given.
 This Indian excitement has been support cd in Congress during the whole of the two last sessions. K was main reliance for the opposition. And within a few days of the close of the late session, when business press cd on Congress from every quarter, debate on this question, of great length was induged in, for fear it would ccase-that the fever would subside.'
 The kind feelings and sympathies of the people, in favor of the Ilidians-of those, too, who knew but little of Indian character or temper, were relied on to destroy the Presi- dent and every member of Congress who voted for the Indian bill.
 At last their designs have been wholly frus- trats by decision of the Supreme Court, that tribunal on which the opposition rely for the maintenace of their federal principles A +r I.,