INDIAN TREATIES.

7

Indians; but the exclusive right of the United States to extinguish theirtitle, and to grant the soil, has never, we believe, been doubted.

After these states became independent, a controversy subsisted betweenthem and Spain respecting boundary. By the treaty of 1795, this con-troversy was adjusted, and Spain ceded to the United States the territoryin question. This territory, though claimed by both nations, was chieflyin the actual occupation of Indians.

The magnificent purchase of Louisiana, was the purchase from France of a country almost entirely occupied by numerous tribes of Indians, whoare in fact independent. Yet, any attempt of others to intrude into thatcountry, would be considered as an aggression which would justify war.

Our late acquisitions from Spain are of the same character, and thenegotiations which preceded those acquisitions, recognise and elucidate theprinciple which has been received as the foundation of all European titlein America .

The United States , then, have unequivocally acceded to that great andbroad rule by which its civilized inhabitants now hold this country. Theyhold, and assert in themselves, the title by which it was acquired. Theymaintain, as all others have maintained, that discovery gave an exclusiveright to extinguish the Indian title of occupancy, either by purchase orby conquest; and gave also a right to such a degree of sovereignty as thecircumstances of the people would allow them to exercise.

The power now possessed by the government of the United States togrant lands, resided, while we were colonies, in the crown, or its grantees.The validity of the titles given by either has never been questioned inour courts. It has been exercised uniformly over territory in possessionof the Indians. The existence of this power must negative the existenceof any right which may conflict with, and control it. An absolute title tolands cannot exist, at the same time, in different persons, or in differentgovernments. An absolute, must be an exclusive title, or at least a titlewhich excludes all others not compatible with it. Ail our institutionsrecognise the absolute title of the crown, subject only to the Indian rightof occupancy, and recognise the absolute title of the crown to extinguishthat right. This is incompatible with an absolute and complete title inthe Indians.

We will not enter into the controversy, whether agriculturists, mer-chants, and manufacturers, have a right, on abstract principles, to expelhunters from the territory they possess, or to contract their limits. Con-quest gives a title which the courts of the conqueror cannot deny, what-ever the private and speculative opinions of individuals may be, respect-ing the original justice of the claim which has been successfully asserted.The British government, which was then our government, and whoserights have passed to the United States , asserted a title to all the landsoccupied by Indians, within the chartered limits of the British colonies.It asserted also a limited sovereignty over them, and the exclusive rightof extinguishing the title which occupancy gave to them. These claimshave been maintained and established as far west as the river Mississippi ,by the sword. The title to a vast portion of the lands we now hold,originates in them. It is not for the courts of this country to question thevalidity of this title, or to sustain one which is incompatible with it.

Although we do not mean to engage in the defence of those principleswhich Europeans have applied to Indian title, they may, we think, findsome excuse, if not justification, in the character and habits of the peoplewhose rights have been wrested from them.

The title by conquest is acquired and maintained by force. The con-queror prescribes its limits. Humanity, however, acting on public opinion,has established, as a general rule, that the conquered shall not be wantonlyoppressed, and that their condition shall remain as eligible as is compatiblewith the objects of the conquest. Most usually, they are incorporatedwith the victorious nation, and become subjects or citizens of the govern-