NYYM_scrapbook_076

New York 4th June 1818 Respected friend Thomas Eddy (from Thos. L. Ogden In the accidental conversation which lately took place between us in Pine Street you requested that I would reduce to writing the ideas which I then expressed on the subject of the Indian Reservations. I proceed now to comply with your request. I will begin by remarking that the title to all the Lands in this State is founded on the right of discovery or con- quest and is derived from the Dutch Government, the Crown of Great Britain, or (since the revolution) from the State of New York. Titles not deduced from one of these sources are deemed of no validity in our Courts of Justice: those derived from the Indians are not in any manner recognized. In fact, a grant of the fee simple from the Government carries with it the exclusive right of treating with the Indians for the Lands which are the subject of it; and without such grant, no person can acquire from them any legal right or title whatever. This Doctrine has prevailed in our Courts from the first settlement of the Country under the British Government and has been recently confirmed by the concurring opinions of our most able Lawyers. All our Northern &; Western Lands held under Grants from the Govern- ment have accordingly been the subject of continual bargain and sale from the revolution to the present time without refe- rence to the Indian possessions. It is true that it was the policy of Great Britain before, as it has been of this country since, the Revolution, not to dispossess the native occupants by force, but to treat with them for the Land they occupy. It is evident however that these negotiations refer to the possession and not to the title; for whether we look to the transactions of the present or of former days it must be obvious that the prices paid to the Indians are but nominal equivalents for the lands they relinquish; the real consideration being that paid for the fee simple.