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" While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet... "
The Law of Nations Considered as Independent Political Communities ... - Page 179
by Travers Twiss - 1861 - 378 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 21

United States. Supreme Court - Courts - 1823 - 756 pages
...consequence of 'right "of this ultimate dominion, a power to grant the soil, occupancy. whije ygj; m possession of the natives. These grants have been...grantees, subject only to the Indian right of occupancy. Practice of The history of America, from its discovery to Spmin, France, , " - . , . . * , ' Holland,...
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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

Elijah Paine, United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1827 - 748 pages
...the soil while yet in the possession of the Indians. And such grants have been universally understood to convey a title to the grantees, subject only to the Indian right of occupancy. The United States , have adopted and acted upon the same principles. By the revolution, the power of...
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The Southern Review, Volume 2

Southern States - 1828 - 638 pages
...of the natives, as occupants, they asserted the ultimate dominion to be, in themselves, and claimed and exercised, as a consequence of this ultimate dominion,...the soil, while yet in the possession of the natives :" that " these grants have been understood by all, to convey a title to the grantees, subject only...
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Speeches on the Passage of the Bill for the Removal of the Indians

United States. Congress - Cherokee Indians - 1830 - 326 pages
...and exercised, as a consequence of thia ultimate dominion, a power to grant the soil while yet in^the possession of the natives. These grants have been...title to the grantees, subject only to the Indian title of occupancy. . From these principles, relative to the rights acquired by discovery, we have...
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The Case of the Cherokee Nation Against the State of Georgia: Argued and ...

Cherokee Nation, Richard Peters - Cherokee Indians - 1831 - 332 pages
...rights of the natives as occupants, they asserted the ultimate dominion to be in themselves; and claimed and exercised as a consequence of this ultimate dominion,...title to the grantees, subject only to the Indian rights of occupancy. The history of America from its discovery to the present day proves, we think,...
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American Annual Register, Volume 6

Joseph Blunt - History - 1832 - 720 pages
...of the natives as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised as a consequence of this ultimate dominion,...yet in the possession of the natives. These grants hare been understood by all to convey a title to the grantees, subject only to the Indian rights of...
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The American Diplomatic Code Embracing a Collection of Treaties and ...

Jonathan Elliot - Diplomatic and consular service, American - 1834 - 776 pages
...to grant the soil, •while yet in possession of the natives. These grants have been understood bv all to convey a title to the grantees, subject only to the In lin'i ri*ht if occupancy. Johnson v. fosh—8 Wheatoti, 573-574. 1S2S. 37 Trenty with GrtMt Britain....
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Register of Debates in Congress: Comprising ..., Volume 2; Volume 13; Volume 69

United States. Congress - Law - 1837 - 738 pages
...dtfaeto. But, notwithstanding this occupancy, the European discoverers claimed and exercised the right to grant the soil, while yet in the possession of the natives, subject, however, to their right of occupancy; and the title so granted was universally admitted to...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees,...
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Fraser's Magazine, Volume 29

1844 - 778 pages
...• " But, notwithstanding this occupancy, the European discoverers claimed and exercised the right to grant the soil while yet in the possession of the natives, subject, however, to their right of occu. pancy ; and the title so granted was universally admitted...
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