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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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The Future of Tradition: Customary Law, Common Law, and Legal Pluralism

Leon Shaskolsky Sheleff - 2000 - 528 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 - 812 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 - 148 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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Indian Gaming: Tribal Sovereignty and American Politics

W. Dale Mason - 2000 - 356 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 discretion. Conquest gives a title which the courts of the conqueror cannot deny. . . . . . . The Indian...
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John Marshall and the Heroic Age of the Supreme Court

R. Kent Newmyer - 2001 - 552 pages
...that Native Americans were "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." At one point, he even expressed the hope, as he had in 1784, that the Native Americans might be assimilated...
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The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of ...

Tim Alan Garrison - 2002 - 364 pages
...Americans 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 these rights were not perfected under Anglo-American law. Discovery, the convention of judges held,...
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Messy Beginnings: Postcoloniality and Early American Studies

Malini Johar Schueller, Edward Watts - 2003 - 282 pages
...that although the Indians were "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," the Indians' right to sell that land "was denied by the original fundamental principle that discovery...
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Law and Legal Culture in Comparative Perspective

Günther Doeker-Mach, Klaus A. Ziegert - 2004 - 448 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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The Cherokee Cases: Two Landmark Federal Decisions in the Fight for Sovereignty

Jill Norgren - 2004 - 224 pages
...The Indians, he wrote, are "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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Conciliation, Compulsion, Conversion: British Attitudes Towards Indigenous ...

Merete Falck Borch - 2004 - 346 pages
...Indians] 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 [...] were necessarily diminished, and their power to dispose...
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