.MTA2NA.NzIzMzY
have pronounced it, one of the most comprehensive, luminous, and conclusive demonstrations that ever proceeded from the mind of the Chief Justice of the United States. Nothing can be more unfair than this mode of detaching an isolated sentence from from a great argument, without giving its connexion with the context, with the antecedant and subsequent matter which illustrates, explains, and confirms it, and directing the assault upon the sentence thus detached. No argument, however great & demonstrative, can bear this foul process of dismemberment. If we would form a just and candid opinion of it, the whole must be taken together and the conclusion compared with the entire process of reasoning which led to it. Let us endeavour briefly to supply these omissions, before we proceed to an analysis of the Executive argument. By the treaties subsisting between the Cherokee nation and the United States, citizens of the United States were authorized to enter that territory with the permission of the President of the United States. By several of these treaties the most earnest desire had been expressed to promote the civilization of that tribe, and to enable them to form a government and make a body of laws for themselves. By a treaty of the 17th February 1819, a school fund is formed, out of Cherokee cessions of lands, to be administered under the direction of the President of the United States. On the 3rd of March following Congress passed an act making provision for the civilisation of the Indian tribes, adjoining the frontier settlements, by which the President was authorized in every case when he shall judge improvement in the habits and conditions of such Indians practicable, and that the means of instruction can be introduced with their own consent, the employ capable persons of good moral character to instruct them in the mode of agriculture suited to their situation, and strikeout: to for teaching their children in reading, writing & arithmetric, and for performing such other duties, sa may be enjoined, according to the President's instructions. Samuel A. Worcester and Eleazer Butter, citizens of the United States, entered the Cherokee strikeout: country territory, under the authority of the President of the United States, and with the free consent