CESSIONS OF LAND BY INDIAN TRIBES TO THE UNITED STATES : 
ILLUSTRATED BY THOSE IN THE STATE OF INDIANA. 
By C. C. Royce. 
CHARACTER OF THE INDIAN TITLE. 
The social and political relations that have existed and still continue 
between the Government of the United States and the several Indian 
tribes occupying territory within its geographical limits are, in many 
respects, peculiar. 
The unprecedentedly rapid increase and expansion of the white pop- 
ulation of the country, bringing into action corresponding necessities for 
the acquisition and subjection of additional terrritory, have maintained 
a constant struggle between civilization and barbarism. Involved as a 
factor in this social conflict, was the legal title to the land occupied by 
Indians. The questions raised were whether in law or equity the In- 
dians were vested with any stronger title than that of mere tenants at 
will, subject to be dispossessed at the pleasure or convenience of their 
more civilized white neighbors, and, if so, what was the nature and ex- 
tent of such stronger title? 
These questions have been discussed and adjudicated from time to 
time by the executive and judicial authorities of civilized nations ever 
since the discovery of America. 
The discovery of this continent, with its supposed marvelous wealth 
of precious metals and commercial woods, gave fresh impetus to the 
ambition and cupidity of European monarchs. 
Spain, France, Holland, and England each sought to rival the other 
in the magnitude and value of their discoveries. As the primary 
object of each of these European potentates was the same, and it was 
likely to lead to much conflict of jurisdiction, the necessity of some 
general rule became apparent, whereby their respective claims might be 
acknowledged and adjudicated without resort to the arbitrament of 
arms. Out of this necessity grew the rule which became a part of the 
recognized law of nations, and which gave the preference of title to the 
monarch whose vessels should be the first to discover, rather than to the 
one who should first enter upon the possession of new lands. The ex- 
clusion under this rule of all other claimants gave to the discovering 
nation the sole right of acquiring the soil from the natives and of plant- 
ing settlements thereon. This was a right asserted by all the commer- 
cial nations of Europe, and fully recognized in their dealings with each 
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