Territorial Rights
How right to territory originally accrued can perhaps be learned by the way in which it is here discussed. None of these prairie tribes claim a special right to any circumscribed or limited territory. Their arguments are these, and have been before mentioned. All the prairie or territory in the West (known to them) and now occupied by all the Indians was created by Wakoñda for their sole use and habitation. To maintain this they state the entire fitness of the Indian for the life of a hunter; his good legs, eyes, and other qualifications which they do not allow to any other persons. The suitableness of the prairie for the support of great numbers of buffalo, and the wooded streams for smaller game, together with the adaptness of the game to their wants in meat, clothing, lodges, etc. All this is to prove their general right to the whole of the hunting grounds, where buffalo are to be found and Indians stationed. Now each nation finds themselves in possession of a portion of these lands, necessary for their preservation. They are therefore determined to keep them from aggression by every means in their power. Should the game fail, they have a right to hunt it in any of their enemies’ country, in which they are able to protect themselves.
It is not land or territory they seek in this but the means of subsistence, which every Indian deems himself entitled to, even should he be compelled to destroy his enemies or risk his own life to obtain it. Moreover, they are well aware that the surrounding nations would do the same and sweep them off entirely if they could with impunity, and each claims the same right. Possession is nothing without power to retain, and force to repel, and to defend with success they must limit themselves to a certain extent of territory, for by separating their force too widely they would be cut off in detail. By these different necessary locations the country has been parceled out, each holding what they can with safety occupy, and making any encroachments they are able. They claim the land as theirs because that portion affords the means of subsistence with more security than by moving elsewhere they could procure. To sell their lands, they say, would be the same as to sell their means of living, for by moving elsewhere large bodies of enemies would require to be displaced, which could not be effected without great loss and perhaps failure. Indians who cultivate, such as the Mandan, Gros Ventres, and Arikara, only claim as their own the small patches that they till, and their right even to these (individually) only exists as long as they are occupied by the crops of the cultivator.
Should he fence it in and work it every year no one would dispute his right to do so, but if the land be left idle some other would plant upon it. It is in fact merely loaned from the general district for the purpose of him who wishes to cultivate. There being no scarcity of land, however, no difficulties occur on this point. From this view it would appear that their right to territory is nothing more than defending that portion on which they are located as necessary for their support. Invasion of a neighboring tribe’s country would only be the consequence of famine or scarcity of game in their own and would be looked upon by them in the light of extending their hunting after the buffalo (which is the property of all Indians) into another part of the great plains intended by Wakoñda for their support, being aware at the same time that they risk their lives by so doing. The foregoing are the outlines of the arguments they use. It is because they are at war that their lands appear to be distinct portions assigned to each nation, although between each there are several hundred miles of neutral ground, the nature of their forces not admitting of closer approximation. Were all at peace it would present the feature of one great estate on which each would rove and hunt when and where he pleased, and what is now neutral would become hunting grounds. But as long as hunting was their sole occupation no claims would be set up by any man to a certain portion of land.
They must become stationary, acquire property, real estate, before land becomes of any value in their estimation, further than the space it affords to game of all kinds to live and increase for their benefit.