Stephen Johnson Field

“ The officers of the land department are expected to exercise supervision over the matter, so as to require good faith on the part of the company in designating the general route, and not to accept an arbitrary and capricious selection of the line, irrespective of the character of the country through which the road is to be constructed. ”

“ In compliance with the pledge thus given, the United States took steps, first, to obtain from the Indians the right to construct railroads, wagon roads, and telegraph lines across their lands, and to make such other improvements upon them as the interests of the government might require, and afterwards to obtain a cession of their entire title. ”

“ To sell, cede, and relinquish to the United States all their right, title, and interest in and to all lands and territory particularly described in article 2 of said treaty, as well as all lands in the territory of Dakota to which they have title or interest, excepting the said tracts particularly described and bounded in articles 3 and 4 of said treaty, which lastnamed tracts and territory are expressly reserved as permanent reservation for occupancy and cultivation, as contemplated by articles 8, 9, and 10 of said treaty. ”

“ This exclusion of other governments necessarily gave to the discovering nation the sole right of acquiring the soil from the natives, and of establishing settlements upon it. It followed that the relations which should exist between the discoverer and the natives were to be regulated only be themselves. No other nation could interfere between them. ”

“ Nor is there anything inconsistent with this view of the sixth section, as to the general route, in the clause in the third section making the grant operative only upon such odd sections as have not been reserved, sold, granted, or otherwise appropriated, and to which pre-emption and other rights and claims have not attached, when a map of the definite location has been filed. The third section does not embrace sales and pre emptions in cases where the sixth section declares that the land shall not be subject to sale or pre-emption. ”

“ Wetherby: 'It is to be presumed that in this matter the United States would be governed by such considerations of justice as would control a Christian people in their treatment of an ignorant and dependent race. Be that as it may, the prcpriety of justice of their action towards the Indians with respect to their lands is a question of governmental policy, and is not a matter open to discussion in a controversy between third parties neither of whom lerives title from the Indians. ”