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" The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory in possession of the Indians. The existence of this power must negative the existence of any right which may conflict with,... "
The Public Statutes at Large of the United States of America - Page 7
by United States - 1846
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United States Reports: Cases Adjudged in the Supreme Court, Volume 21

United States. Supreme Court - Courts - 1823 - 756 pages
...negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons,...occupancy, and recognise the absolute title of the erown to extinguish that right. This is incompatible with an absolute and complete title in the Indians....
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - Constitutional history - 1833 - 540 pages
...negative the existence of any right, which may conflict with and control it. An absolute title to lands cannot exist, at the same time, in different persons,...occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians." CHAPTER...
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Documents Accompanying the Journal

Michigan. Legislature. Senate - Michigan - 1837 - 740 pages
...uniformly over territory in possession of the Indians. It is absolute. All our institutions recognized the absolute title of the Crown subject only to the Indian right of occupancy, and the power of the Crown to extinguish that right.' " The same question has been frequently raised in...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...negative the existence of any right which may conflict with and control it. An absolute title to lands cannot exist, at the same time, in different persons,...others not compatible with it. All our institutions recognize the absolute title of the crown, subject only to the Indian right of occupancy, and recognize...
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House Documents, Otherwise Publ. as Executive Documents ..., Volume 4, Part 1

United States. Congress. House - United States - 1871 - 1168 pages
...n«-!;»tive the existence of arny right which may conflict, with or control it. An absolute (ˇib- to lands cannot exist at the same time in different persons, or in different governniiiit«. An absolute mnst be an exclusive title, or at least a title which excludes all nthers...
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Treaties Between the United States and the Indian Tribes

Richard Peters - Indians of North America - 1848 - 638 pages
...negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons,...occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians. We...
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The Public Statutes at Large of the United States of America, Volume 7

United States - Law - 1848 - 666 pages
...negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons,...occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete tike in the Indians. We will...
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The public statutes at large of the United States of America, from 1789 to ...

R. Peters - 1856 - 652 pages
...negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons,...occupancy, and recognise the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians. We...
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Report from the Acting Secretary of the Treasury, Communicating the Annual ...

United States. General Land Office - Public lands - 1872 - 528 pages
...existence of any right which may conflict with or control it. An absolute title to lands cannot existât the same time in different persons, or in different...which excludes all others not compatible with it. All onr institutions recognize the absolute title of the Crown, subject only to the Indian right of occupancy,...
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The Rise of the Republic of the United States

Richard Frothingham - United States - 1872 - 676 pages
...mediately or immediately, by grants from the crown. All our institutions (Wheaton, viii. 588) recognize the absolute title of the crown, subject only to the Indian right of occupancy, and recognize the absolute title of the crown to extinguish that right. An Indian conveyance alone could...
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