The original, natural right of the Indians to the occupancy and possession of their lands, has been recognized by the laws of congress, and solemnly sanctioned by the highest judicial tribunal of the United States. On this principle, there is no disagreement between our government and the Indian nations by whom this country was originally inhabited.[A]
[Footnote A: 6 Wheaton’s Reports, 515.]
In the acquisition of these lands, however, our government has held that its title was perfect when it had purchased of the tribe in actual possession. It seems, indeed, to have gone farther and admitted, that a tribe might acquire lands by conquest which it did not occupy, as in the case of the Iroquois, and sell the same to us; and, that the title thus acquired, would be valid. Thus we have recognized the principles of international law as operative between the Indians and us on this particular point, while on some others, as in not allowing them to sell to individuals, and giving them tracts used as hunting grounds by other tribes beyond the Mississippi, we have treated them as savage hordes, not sufficiently advanced in civilization to be admitted into the family of nations. Our claim to forbid their selling to individuals, and our guarantying to tribes who would not sell to us in our corporate capacity, portions of country occupied as hunting grounds, by more distant tribes, can only be based on the right of discovery, taken in connection with a right conferred by our superior civilization; and seems never in fact to have been