by John Marshall

“ The facts, that the agents of the United States took possession of this land lying above the mouth of the Highwassee, erected expensive buildings thereon, and placed a garrison there, cannot be admitted to give an explanation to the treaty, which would contradict its plain words and obvious meaning. The land is certainly the property of the Plaintiff below; and the United States cannot have intended to deprive him of it by violence, and without compensation. ”

“ No great violence is done to the known import of the term as used in the treaty, if it be considered as equivalent to the words 'set apart.' This construction is rendered necessary by the word 'other.' 'Three other square miles,' that is, other than those before ceded, are reserved for the particular disposal of the United States. ”