[1459] 5 Peters, 20. Justice Smith Thompson dissented in an opinion of immense power in which Story concurred. These two Justices maintained that in legal controversies, such as that between the Cherokees and Georgia, the Indian tribe must be treated as a foreign nation. (Ib. 50-80.)
Thompson's opinion was as Nationalist as any ever delivered by Marshall. It well expressed the general opinion of the North, which was vigorously condemnatory of Georgia as the ruthless despoiler of the rights of the Indians and the robber of their lands.
[1460] See supra, 121-25.
[1461] Phillips, 79.
[1462] See McMaster, vi, 47-50.
[1463] Phillips, 81.
[1464] Ib. 80-81.
[1465] 6 Peters, 534-35.
[1466] Story to his wife, Feb. 26, 1832, Story, ii, 84.
[1467] 6 Peters, 536.