Marshall grounded Indian land exclusion in settler-system necessity.

Evidence

However this restriction may be opposed to natural right, and to the usages of civilized nations, yet if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may perhaps be supported by reason, and certainly cannot be rejected by courts of justice. — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 230

Categorization

• QUESTION: The ‘adapted to the actual condition of the two people’ phrasing explicitly encodes hierarchy into common law — worth tracing whether this language recurs across other Marshall-era opinions.
• corroborated: 2 independent passages support this claim — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 230