Melville Fuller

“ But no right, title, privilege, or immunity was here asserted as derived from the Constitution or the treaty, as against these private individuals who were impleaded as defendants, either specifically or through averments that plaintiffs were ousted in violation of the treaty and of the 5th Amendment, the provisions of which it was the duty of the Federal government to observe. ”

“ Texas & T. Coal Co. 183 U.S. 185, ante, p. 47, 22 Sup. Ct. Rep. 47; Muse v. Aryington Hotel Co. 168 U.S. 430, 42 L. ed. 531, 18 Sup. Ct. Rep. 109.
The particular grounds of the decision of the circuit court on the merits do not appear, nor is it material, as that court manifestly had no jurisdiction.
Judgment reversed and cause remanded, with a direction to dismiss the complaint for want of jurisdiction, with costs. ”