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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... "
Essays on the present crisis in the condition of the Americian Indians ... - Page 82
by Jeremiah Evarts - 1829
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United States Reports: Cases Adjudged in the Supreme Court, Volume 21

United States. Supreme Court - 1823 - 756 pages
...entirely disregarded ; but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as...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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Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 1

Elijah Paine, United States. Circuit Court (2nd Circuit) - 1827 - 748 pages
...relations that were to exist between such government and the natives. The Indians were considered as being the rightful occupants of the soil, with a legal as...possession of it, and to use it according to their own discre* tion. But their rights to complete sovereignty as independent nations, were necessarily diminished....
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Essays on the Present Crisis in the Condition of the American Indians

Jeremiah Evarts - 1829 - 122 pages
...which land is at present in the possession of the Cherokees, no more proves that the Cherokees are not the " rightful occupants of the soil, with a legal...as well as just claim to retain possession of it," than the fact that A. is seized in fee of land, of which B. has a good lease to him and his assigns...
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Essays on the Present Crisis in the Condition of the American Indians

Jeremiah Evarts - 1829 - 122 pages
...continent generally, " They were admitted to be the rightful occupants of the soil, with a legal as welt as just claim to retain possession of it, and to use it according to their own discretion." This is said, be it remembered, rcspecting Indians generally, found in their native condition, and...
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The Removal of the Indians: An Article from the American Monthly Magazine ...

George Barrell Cheever - 1830 - 96 pages
...the " original inhabitants," without restriction, of this continent, that " they were admitted to be the rightful occupants of the soil, with a legal as...and to use it according to their own discretion." " This is said, be it remembered, (we quote the remarks of William Penn) respecting Indians generally,...
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Speeches on the Passage of the Bill for the Removal of the Indians

United States. Congress - 1830 - 326 pages
...they either possessed or claimed to possess. The Indians were always " admitted by the crown to be the rightful occupants of. the soil, with a legal,...and to use it according to their own discretion," and of which they could not be dispossessed by legislation, but by conquest or cession only. . I have...
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The Case of the Cherokee Nation Against the State of Georgia: Argued and ...

Cherokee Nation, Richard Peters - 1831 - 332 pages
...itfrom them by force; not to compel them to sell it: for, " they were admitted, say the court, to be the rightful occupants of the soil, with a legal as well as just claim to retain the possession of it, and to use it according to their own discretion." Although they are here called...
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Commentaries on American Law, Volume 3

James Kent - 1832 - 536 pages
...a title to the soil, subject only to the Indian right of occupancy. The natives were admitted to be the rightful occupants of the soil, with a legal as...it, and to use it according to their own discretion, though not to dispose of the soil at their own will, except to the government, claiming the right of...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 800 pages
...the soil, which was subordinate to the ultimate dominion of the discoverer. They were admitted to be the rightful occupants of the soil, with a legal,...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...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 540 pages
...reducantur," is the language of the Bull. 1 Haz. Coll. 3. S 1 Haz. Collect. ; 3 Marshall, Hist. Col. 13, 14. 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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