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Real0ne -> RE: America land of the feudal, even I didnt "really" believe it! (11/20/2010 5:31:15 AM)
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quote:
ORIGINAL: Elisabella
Nah he's totally right, it's just the nobility hacked your account so they could cover up the truth.
JOHNSON v. McINTOSH.
Supreme Court Op The United States, 1828.
(8 Wheaton, 5*3.) Discovery gives a valid title to territory occupied by uncivilized peoples. The right of the North American Indians to the lands which they possessed was that of occupancy merely.
Judgment—Marshall, C. J
"On 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 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 their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it.
"In this first effort made by the English government to acquire territory on the continent, we perceive a complete recognition of the principle which has been mentioned. The right of discovery given by this commission is confined to countries ' then unknown to all Christian people;' and of these countries Cabot was empowered to take possession in the name of the king of England, thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathen, and, at the same time, admitting any prior title of any Christian people who may have made a previous discovery. * * *
" Thus, all nations of Europe, who have acquired territory on this continent, have asserted in themselves and have recognized in others, the exclusive right of the discoverer to appropriate the lands occupied by the Indians. * * *
" The power now possessed by the government of the United States to grant lands, resided, while we were colonies, in the crown, or its grantees.
" The validity of the titles given by either has never been questioned in our courts. It has been exercised uniformly over territory in possession of the Indians. The existence of this power must negative the existence of any right which may conflict with, and control it. An absolute title to lands cannot exist, at the same time, in different persons, or in different governments. " An absolute, must be an exclusive title, or at least a title which excludes all others not compatible with it. All our institutions recognize the absolute title of the crown, subject only to the Indian right of occupancy, and recognize the absolute title of the crown to extinguish that right. This is incompatible with an absolute and complete title in the Indians."
right of discovery = right of title huh.... I wonder what low down scoundrel sunna bitch group pf terrorists came up with that idea?
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