peace of 1763, was a war waged for the control of lands and territory, notwithstanding the occupancy of the Indian tribes. If a country acquired either by conquest or prior discovery, is filled with a people attached to the soil, and having fixed pursuits and habitations, the opinion of mankind would seem to require that the lands and possessions of the occupants should not be disturbed, but if the domain discovered or conquered is filled with a race of savages who make no use of the land, save for the purpose of hunting over it, a different solution must of necessity result. There can be no admixture of races where the one is civilized and the other barbarous. The barbarian must either lose his savagery and be assimilated, or he must recede. The North American Indian was not only brave, but fierce. In the wilds and fastnesses of his native land, he refused to become either a subject or a slave. No law of the European could be formulated for his control; he obeyed only the laws of nature under which he roamed in freedom. He knew nothing of fee or seisin, or the laws of conveyancing, as his white brother knew it. He knew only that the rivers and the forests were there, and that he gained his subsistence from them. With him, the strongest and the fiercest had the right to rule; the right to hunt the buffalo and elk. The European put fire arms into the hands of the Iroquois warrior, and that warrior at once made himself master of all north of the Ohio and east of the Mississippi, without regard to the prior claims of other tribes. To expect that a savage of this nature could be dealt with under the ordinary forms and conventions of organized society, was to expect the impossible. To him, the appearance of a surveyor or a log cabin was an immediate challenge to his possession. Today he might be brought to make a treaty, but on the morrow he was filled with a jealous hate again, and was ready to burn and destroy. On the other hand, to leave him in the full possession of his country was, as Chief Justice Marshall said: "To leave the country a wilderness." To stop on the borderland of savagery and advance no further, meant the retrogression of civilization. The European idea of ownership was founded on user. The inevitable consequence was, that the conqueror or discoverer in the new world claimed the ultimate fee in the soil, and the tribes receding, as they inevitably did, this fee ripened into present enjoyment. When Great Britain, therefore, owing to the conquests of George Rogers Clark, surrendered up to the United States her jurisdiction and control over the territory north and west of the Ohio river, she did, according to the precedent and usage established by all the civilized nations of that day, pass to her grantee or grantees, the ultimate absolute title to the land itself, notwithstanding its savage occupants, and the right to deal with these occupants thenceforward became a part of the domestic policy