What is the test for establishing a proper relationship between the European "discoverer" and the natives?

In Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823), Marshall C.J. discussed the relations existing between the European “discoverer and the natives”. He said, in part: In the establishment of these relations, the rights of the original inhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it. [Emphasis added]