Edward Douglass White

“ There is no question of conflict with any legislation of Congress or with action under its authority; for the case rests on the construction of the treaty. The only action of Federal authority, that is pertinent, is found in the convention itself. It should be added that we have not considered any question relating to conduct or fishing rights upon territory, not ceded, which is comprised within the Indian Reservation; nor is it necessary to deal with other matters which have been discussed in argument touching the relation of the state of New York to the Indians within its borders. ”

“ It is not denied-save as to the members of this tribe-that this inherent power extended over the locus in quo and to all persons attempting there to hunt or fish, whether they are owners of the lands or others. The contention for the plaintiffs in error must, and does, go to the extent of insisting that the effect of the reservation was to maintain in the tribe sovereignty quoad hoc. ”

“ Subsequently Massachusetts sold to Robert Morris its 'pre-emptive right.' By § 12 of the Federal Indian intercourse act of May 19, 1796 (1 Stat. at L. 469, 472, chap. 30) , it was provided that no conveyance of lands 'from any Indian, or nation or tribe of Indians,' should be valid unless 'the same be made by treaty or convention, entered into pursuant to the Constitution;' and this was subject to a proviso as to the proposal and adjustment of compensation by state agents in the presence and with the approval of commissioners of the United States. ”