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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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Messy Beginnings: Postcoloniality and Early American Studies

Malini Johar Schueller, Edward Watts - 2003 - 267 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

G√ľnther Doeker-Mach, Klaus A. Ziegert - 2004 - 444 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 - 212 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 - 318 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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Despotic Dominion: Property Rights in British Settler Societies

John McLaren, A. R. Buck, Nancy E. Wright - 2005 - 312 pages
...Marshall, "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"; nevertheless, their power to sell or otherwise transfer their land was now limited to a right of alienation...
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Blood Struggle: The Rise of Modern Indian Nations

Charles F. Wilkinson - 2005 - 543 pages
...Johnson v Mclntosh in 1823, were "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." This Indian right of occupancy meant that tribes had a legal right to live on their aboriginal land,...
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Cash, Color, and Colonialism: The Politics of Tribal Acknowledgment

Renee Ann Cramer - 2005 - 234 pages
...that the Indians were the original occupants of the soil, with a legal as well as a just moral claim to retain possession of it, and to use it according to their own discretion. However, as Mario Gonzalez and Elizabeth Cook-Lynn note, "their rights to complete sovereignty, as...
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Conquest by Law: How the Discovery of America Dispossessed Indigenous ...

Lindsay G. Robertson - 2005 - 272 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 BEFORE THE COURT complete sovereignty, as independent nations, were necessarily...
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Papers on Historical Algonquian and Iroquois Topics

David A. Ezzo, Michael H. Moskowitz - 2007 - 164 pages
...admitted to be the rightful occupants of the soil [the Indians], 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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Trouble with Tradition: Native Title and Cultural Change

Simon Young - 2008 - 483 pages
...found 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 discretion' (at 195, emphasis added). See also the comments in the New Zealand decision of Ngati Apa Ki Te Waipounamu...
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