| Venue: | SCOTUS |
| Facts: | Two Indian chiefs may have given some land to the plaintiffs, but the plaintiffs' title is contested. |
| Posture: | Illinois court finds for defendants, and denies the title. |
| Issue: | Do Indians have the power to give title to land? |
| Holding: | No. Affirmed. |
| Rule: | Indians have the right of occupancy, but the ultimate title to the land resides in the Europeans who took over the country. |
| Reasoning: | When Europeans discovered the continent, they appropriated as much of it as they could. Title to the land essentially meant exclusion of other Europeans. This was an impairment to the rights of the native peoples, but everybody has relied on the understanding that while the Indians have the right of occupancy as long as they are peaceful, the real title is vested in Europeans. |
| Dicta: | This restriction is in conflict with natural rights, but it's indispensible to the system under which the country has been settled. |