Roger B. Taney

“ Here then is a claim founded in possession, only, recognized by law. If, therefore, the courts can protect the reservation by declaring all entries on it, subsequent to the reservation, void, they can likewise protect and enforce the right of possession of which the reservation was founded. The same law that gives them power to protect the reservation, gives them power to protect the possession under it. If this be not so, then a bon a fide holder of land under the authority of Congress can be ousted of his possession, and the courts have no power to protect him. ”

“ The petitioner, as appears by the case he presents in his petition, has no title of any description derived from the constituted authorities of the United States, or which any court of justice can take cognizance. And the mere possession of public land, without title, will not enable the party to maintain a suit against any one who enters on it; and more especially he cannot maintain it against persons holding possession under title derived from the proper officers of the government. He must first show a right in himself, before he can call into question the validity of theirs. ”

“ This was also decided by the above cases; and that such was the opinion of Congress, is manifest from the third section of the act of 9th July, 1832, under which the last Board acted; for it declares that lands of the first class shall be reserved from sale as heretofore.' Now it is manifest that lands not classed at all, not acted on by the Board, must continue reserved from sale as heretofore. We can come to no other conclusion without admitting that the neglect or delay of public officers can deprive a person of his rights, which is not consistent with law or justice. ”