. Bulletin. Ethnology. 804 TREATIES [B. A. try had treated with the Indians as '' na- tions," their chiefs or sachems often being designated "kings," and this idea, being retained by the founders of our Government, was ingrafted into their policy. Notwithstanding the evident anomaly of such course, this implied equality was recognized in the dealings between the two until the act of Mar. 3, 1871. During all this time Indian titles to lands were extinguished only under the treaty-making clause of the Constitu- tion; and these treaties, though the tribe may have been reduced to a
. Bulletin. Ethnology. 804 TREATIES [B. A. try had treated with the Indians as '' na- tions," their chiefs or sachems often being designated "kings," and this idea, being retained by the founders of our Government, was ingrafted into their policy. Notwithstanding the evident anomaly of such course, this implied equality was recognized in the dealings between the two until the act of Mar. 3, 1871. During all this time Indian titles to lands were extinguished only under the treaty-making clause of the Constitu- tion; and these treaties, though the tribe may have been reduced to a small band, were usually clothed in the same stately verbiage as the most important treaty with a great European power. From the execu- tion of the first treaty between the United arising from the sale of the land vacated. The right of Congress to abrogate a treaty made with the Indians when public neces- sity or their own welfare required it, has been asserted by the United States Su- preme Court, and this right has been ex- ercised in one or two instances, as in the case of the treaties with the Sisseton and Wahpeton Sioux by act of Feb. 16, 1863, and that of Lone Wolf r. Hitchcock, Sec. Int., in 1903. It was stated by the Indian Office as early as 1890 that the Indian title to all the public domain had then been extinguished, except in Alaska, the por- tion included in 162 reservations, and the lands acquired by the Indians through purchase. As the title to reservations is derived in most cases from the United. PENN TREATING WITH THE indians at shackamaxon, pa., in 1682. Historical Society of Pennsy (from Painting by benj, WEST Owned by the States and the Indian tribes residing within its limits (Sept. 17, 1778, with the Delaware?) to the act of Mar. 3, 1871, the Government pursued a uniform course of extinguishing the Indian title only with the consent of those tribes which were recognized as having claim to the soil by virtue of occupancy, and of settling other affairs wit
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