denig] THE ASSIN1B0IN 477 



arguments are these, and have been before mentioned. All the 

 prairie or territory in the West (known to them) and now occupied 

 by all the Indians was created by Wakofida for their sole use 

 and habitation. To maintain this they state the entire fitness of 

 the Indian for the life of a hunter; his good legs, eyes, and other 

 qualifications which they do not allow to any other persons. The 

 suitableness of the prairie for the support of great numbers of 

 buffalo, and the wooded streams for smaller game, together with the 

 adaptness of the game to their wants in meat, clothing, lodges, etc. 

 All this is to prove their general right to the whole of the hunting 

 grounds, where buffalo are to be found and Indians stationed. Now 

 each nation finds themselves in possession of a portion of these lands, 

 necessary for their preservation. They are therefore determined to 

 keep them from aggression by every means in their power. Should 

 the game fail, they have a right to hunt it in any of their enemies' 

 country, in which the} 1 are able to protect themselves. 



It is not land or territory they seek in this but the means of 

 subsistence, which every Indian deems himself entitled to, even 

 should he be compelled to destroy his enemies or risk his own life 

 to obtain it. Moreover, they are well aware that the surrounding 

 nations would do the same and sweep them off entirely if they could 

 with impunity, and each claims the same right. Possession is noth- 

 ing without power to retain, and force to repel, and to defend with 

 success they must limit themselves to a certain extent of territory, 

 for by separating their force too widely they would be cut off in 

 detail. By these different necessary locations the country has been 

 parceled out, each holding what they can with safety occupy, and 

 making any encroachments they are able. They claim the land as 

 theirs because that portion affords the means of subsistence with 

 more security than by moving elsewhere they could procure. To 

 sell their lands, they say, would be the same as to sell their means 

 of living, for by moving elsewhere large bodies of enemies would 

 require to be displaced, which could not be effected without great 

 loss and perhaps failure. Indians who cultivate, such as the Mandan, 

 Gros Ventres, and Arikara, only claim as their own the small patches 

 that they till, and their right even to these (individually) only exists 

 as long as they are occupied by the crops of the cultivator. 



Should he fence it in and work it every year no one would dispute 

 his right to do so, but if the land be left idle some other would plant 

 upon it. It is in fact merely loaned from the general district for the 

 purpose of him who wishes to cultivate. There being no scarcity of 

 land, however, no difficulties occur on this point. From this view it 

 would appear that their right to territory is nothing more than 

 defending that portion on which they are located as necessary for 



