John Marshall

“ The third is expressed in these words, 'the inhabitants of the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.' No other article of the treaty is supposed to contain any stipulation for the rights of individuals. ”

“ He says, very truly, that the twenty-fifth section of the judicial act is limited by the constitution, and must be construed so as to be confined within those limits; but he adds, that a case can arise under the constitution or a treaty, only when the right is created by the constitution or by a treaty. ”