Prominent Seneca Ely S. Parker had retained lawyer John H. Martindale, who had brought four lawsuits against the Ogden Land Company and their grantees.

The district attorney of Genesee County, New York brought suit on behalf of the Senecas against Asa Cutler, John Underhill, and Arza Underhill under a March 31, 1821 New York statute prohibiting non-Indians from settling or residing on lands belonging to or occupied by Indians.

[4] The New York Supreme Court heard voluminous testimony and evidence, and held that "the Seneca nation had not duly granted and conveyed the reserve in question to Ogden and Fellows," but the U.S. Supreme Court did not reach this question, noting that it was not "material to our inquiry.

Notwithstanding the peculiar relation which these Indian nations hold to the Government of the United States, the State of New York had the power of a sovereign over their persons and property, so far as it was necessary to preserve the peace of the Commonwealth, and protect these feeble and helpless bands from imposition and intrusion.

Unless, therefore, these persons claiming under Ogden and Fellows have by the treaty a right of entry into these lands, and, as a consequence, to forcibly oust the possessors or turn them out by action of ejectment, they cannot allege that this summary removal by authority of the statute of New York is in conflict with the treaty, or any rights secured to the purchasers under it.

The question of the validity of this treaty to bind the Tonawanda band is one to be decided, not by the courts, but by the political power which acted for and with the Indians.

They may invoke the aid of the statute against all white intruders, so long as they remain in the peaceable possession of their lands.

[8]The Court reiterated the importance of the trust relationship between the federal government and the tribes from the Fellows precedent (the only case law cited in the opinion): The Indians are to be removed to their new homes by their guardians, the United States, and cannot be expelled by irregular force or violence of the individuals who claim to have purchased their lands, nor even by the intervention of the courts of justice.