The Imperialism of John Marshall: A Study in Expediency |
Other editions - View all
Common terms and phrases
absolute Acadie acknowledged America annul argument Asperton asserted authority Britain British ceded cession chartered limits Chief Justice Marshall citizens claim Congress conquered conqueror Conquest gives convey crown Dartmouth College deed deed poll dians discovery dividual dominion duly executed eminent domain England English ernment established Europe European exclusive right extinguish France give a title Graham's Lessee held Illinois Illinois country independent Indian right Indian title Indian tribes individual Indian inhabitants Johnson and Graham's Joshua Johnson judgment judicial Kaskaskias Land Dec lands in controversy leagues letters patent limits of Virginia Massachusetts McIntosh ment Mississippi Nova Scotia Ohio opinion owners pany paragraph Piankeshaw plaintiffs powers of government principle proclamation protection recognized respect Rhode Island right of occupancy right of possession river royal seisin settlement sive sovereignty Spain statute Supreme Court sustained territory thence tion title acquired title to lands tracts treaty of Utrecht United vested rights
Popular passages
Page 34 - ... consequent war with each other, to establish a principle which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession.
Page 55 - The United States, then, have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold, and assert in themselves, the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest...
Page 34 - The exclusion of all other Europeans necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which by others all assented.
Page 53 - American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever.
Page 109 - We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than the establishment of a new one.
Page 62 - So, too, with respect to the concomitant principle, that the Indian Inhabitants are to be considered merely as occupants, to be protected, inde'ed, while In peace, In the possession of their lands, but to be deemed Incapable of transferring the absolute title to others.
Page 6 - Coast to the northward, two hundred miles, and from the said point of Cape Comfort, all along the Sea Coast to the Southward, two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid...
Page 35 - 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 a just claim to retain possession of it, and to use it according to their own discretion...
Page 58 - Where this incorporation is practicable, humanity demands, and a wise policy requires, that the rights of the conquered to property should remain unimpaired ; that the new subjects should be governed as equitably as the old ; and that confidence in their security should gradually banish the painful sense of being separated from their ancient connexions, and united by force to strangers.
Page 33 - On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all ; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendancy.