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" 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... "
The Christian Examiner and Religious Miscellany - Page 215
1844
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Asia-Pacific Legal Development

Gerry Ferguson - 1998 - 618 pages
...tribes 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."45 ln a series of cases decided between 1810 and 1835, the most important of which was...
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A Guide to Overseas Precedents of Relevance to Native Title

Shaunnagh Dorsett, Lee Godden - 1998 - 287 pages
...founded lands were conceded 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 discretions. He also determined that aboriginal title is communal in nature.(at 190-201) As you can...
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The Encyclopedia of Native American Legal Tradition

Bruce Elliott Johansen - 1998 - 410 pages
...impaired. They were admitted to be the rightful occupants of the soil, with legal, as well as just claim to retain possession of it and to use it according to their discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished,...
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The Politics of Hallowed Ground: Wounded Knee and the Struggle for Indian ...

Mario Gonzalez, Elizabeth Cook-Lynn - 1999 - 428 pages
...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...
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Jurisdictional Issues: Hearing Before the Committee on Indian Affairs ...

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - 1999 - 1453 pages
...disregarded. They were f*"""**1 to be the rightful occupants of the soQ, with the legal as well as just claim to retain possession of it, and to use it according to their own discretion" (Getches, Wilkinson, and Williams, Jr., 1993, p. 144). - ' v*p. Cherokee Nation v. Georgia (1831),...
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Justice in Paradise

Bruce A. Clark - 1999 - 382 pages
...were, ... The Indians] were 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. In a certain sense they were permitted to exercise rights of sovereignty over it. They might sell or...
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Tribes, Treaties, and Constitutional Tribulations

Vine Deloria, Jr., David E. Wilkins - 1999 - 209 pages
...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...
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The Future of Tradition: Customary Law, Common Law, and Legal Pluralism

Leon Shaskolsky Sheleff, Lê'ôn Šelef - 2000 - 512 pages
...impaired. They were admttted 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 ... '...
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The Epochs of International Law

Wilhelm Georg Grewe - 2000 - 780 pages
...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...
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Heading Towards Extinction?: Indigenous Rights in Africa : the Case of the ...

Albert Kwokwo Barume, Forest Peoples Programme, International Work Group for Indigenous Affairs - 2000 - 142 pages
...aboriginals were '...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...'22 The recognition of Indian land rights was positive, however Marshall's construction...
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