JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, September 23, 1818.
DEAR SIR,
IF, in our search of principles, we have not been able to investigate any moral, philosophical or rational foundation for any claim of dominion or property in America, in the English nation, their parliament or even of their king; if the whole appears a mere usurpation of fiction, fancy and superstition; what was the right to dominion or property in the native Indians?
Shall we say, that a few handfulls of scattering tribes of savages have a right to dominion and property over a quarter of the globe, capable of nourishing hundreds of happy human beings? Why had not Europeans a right to come and hunt and fish with them?
The Indians had a right to life, liberty and property in common with all men; but what right to dominion or property beyond these? Every Indian had a right to his wigwam, his armour, his utensils; when he had burned the woods about him, and planted his corn and beans, his squashes and pompions, all these were his undoubted right: but will you infer from this, that he had right of exclusive dominion and property, over immense regions of uncultivated wilderness, that he never saw, that he might have the exclusive privilege of hunting and fishing in them, which he himself never expected or hoped to enjoy?
These reflections appear to have occurred to our ancestors; and their general conduct was regulated by them. They do not seem to have had any confidence in their charter, as conveying any right, except against the king, who signed it. They considered the right to be in the native Indians. And in truth all the right there was in the case, lay there. They accordingly respected the Indian wigwams and poor plantations; their clambanks and musclebanks and oysterbanks, and all their property.
Property in land, antecedent to civil society, or the social compact, seems to have been confined to actual possession and power of commanding it. It is the creature of convention; of social laws and artificial order. Our ancestors, however, did not amuse themselves, nor puzzle themselves with these refinements. They considered the Indians as having rights; and they entered into negotiations with them, purchased and paid for their rights and claims, whatever they were, and procured deeds, grants, and quit claims of all their lands, leaving them their habitations, arms, utensils, fishings, huntings and plantations. There is scarcely a litigation at law concerning a title to land, that may not be traced to an Indian deed. I have in my possession, somewhere, a parchment copy of a deed of Massasoit of the township of Braintree, incorporated by the legislature in one thousand six hundred and thirty nine. And this was the general practice through the country, and has been to this day through the continent. In short, I see not how the Indians could have been treated with more equity or humanity, than they have been in general in North America. The histories of Indian wars have not been sufficiently regarded.