 | Jörg Schildknecht - Africa - 1999 - 372 pages
...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". sn Die Indianer Amerikas hatten das Recht der Okkupation, welches dem Wesen nach jedoch nur ein Eigentumserwerbsrecht... | |
 | Jack Utter - History - 2001 - 522 pages
...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...grantees, subject only to the Indian right of occupancy. [For which some form of compensation was usually paid.] No one of the powers of Europe gave its full... | |
 | Jill Norgren - Law - 2004 - 224 pages
...and claimed the ultimate dominion in themselves, and claimed and exercised as a consequence of this ultimate dominion, a power to grant the soil, while...possession of the natives. These grants have been considered by all, to convey a title to the grantees, subject only to the Indian right of occupancy.... | |
 | Lindsay G. Robertson - History - 2005 - 272 pages
...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...grantees, subject only to the Indian right of occupancy" 7 These propositions were not nearly so generally conCONQUEST BY LAW ceded as Marshall's language suggested.... | |
 | George Bryan - Indian land transfers - 2006 - 126 pages
...while , , , . ., user in conyet in the power of the natives. These grants have been understood l>y all to convey a title to the grantees, subject only to the Indian right of occupancy." Historical review Spain "These rights," says the Chief Justice, "have been understood by all"—that... | |
 | Stuart Banner - History - 2005 - 366 pages
...among the rights acquired by discovery, Marshall asserted, was the "ultimate dominion" of the land, the "power to grant the soil, while yet in possession of the natives." The Indians "were admitted to be the rightful occupants of the soil, with a legal as well as just claim... | |
 | Steven T. Newcomb - Indians of North America - 2008 - 220 pages
...matter, the "different nations of Europe claimed and exercised as a consequence of this assertion of ultimate dominion, a power to grant the soil, while yet in possession of the natives."7 Marshall said that such charter-grants of the soil had "been understood by all [Christian... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1917 - 1006 pages
...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...America, from its discovery to the present day, proves, we think, the universal recognition of these principles. * * * Thus has our whole country been granted... | |
 | Ohio - 1900 - 588 pages
...asserted the ultimate right to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil while...grantees, subject only to the Indian right of occupancy." These propositions are asserted over and over again by text-writers and by courts. Mr. Washburn says... | |
 | New Jersey Historical Society - New Jersey - 1916 - 538 pages
...asserted the ultimate dominion to be in themselves, and claimed and exercised as consequence of this ultimate dominion a power to grant the soil while...grantees, subject only to the Indian right of occupancy." Johnson v. Mclntosh, 8 Wheaton 543. In the New York Court of Appeals in a case involving an Indian... | |
| |
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... 
