Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana: First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262Royce, Charles C.
History
Cessions of Land by Indian Tribes to the United States: Illustrated by Those in the State of Indiana: First Annual Report of the Bureau of Ethnology to the Secretary of the Smithsonian Institution, 1879-80, Government Printing Office, Washington, 1881, pages 247-262
Royce, Charles C.
Indian land transfers -- Indiana; Indian land transfers -- United States; Indians of North America -- Government relations; Indians of North America -- Land tenure -- Indiana
Spain, France, Holland, and England each sought to rival the other in
the magnitude and value of their discoveries. As the primary object of
each of these European potentates was the same, and it was likely to
lead to much conflict of jurisdiction, the necessity of some general
rule became apparent, whereby their respective claims might be
acknowledged and adjudicated without resort to the arbitrament of arms.
Out of this necessity grew the rule which became a part of the
recognized law of nations, and which gave the preference of title to the
monarch whose vessels should be the first to discover, rather than to
the one who should first enter upon the possession of new lands. The
exclusion under this rule of all other claimants gave to the discovering
nation the sole right of acquiring the soil from the natives and of
planting settlements thereon. This was a right asserted by all the
commercial nations of Europe, and fully recognized in their dealings
with each other; and the assertion, of such a right necessarily carried
with it a modified denial of the Indian title to the land discovered. It
recognized in them nothing but a possessory title, involving a right of
occupancy and enjoyment until such time as the European sovereign should
purchase it from them. The ultimate fee was held to reside in such
sovereign, whereby the natives were inhibited from alienating in any
manner their right of possession to any but that sovereign or his
subjects.
The recognition of these principles seems to have been complete, as is
evidenced by the history of America from its discovery to the present
day. France, England, Portugal, and Holland recognized them
unqualifiedly, and even Catholic Spain did not predicate her title
solely upon the grant of the Holy See.
No one of these countries was more zealous in her maintenance of these
doctrines than England. In 1496 King Henry VII commissioned John and
Sebastian Cabot to proceed upon a voyage of discovery and to take
possession of such countries as they might find which were then unknown
to Christian people, in the name of the King of England. The results of
their voyages in the next and succeeding years laid the foundation for
the claim of England to the territory of that portion of North America
which subsequently formed the nucleus of our present possessions.
The policy of the United States since the adoption of the Federal
Constitution has in this particular followed the precedent established
by the mother country. In the treaty of peace between Great Britain and
the United States following the Revolutionary war, the former not only
relinquished the right of government, but renounced and yielded to the
United States all pretensions and claims whatsoever to all the country
south and west of the great northern rivers and lakes as far as the
Mississippi.
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