Congressional Edition Volume 4190

Congressional Edition Volume 4190

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...passed to the State. This assumption has been maintained from the time the convention sat ii 1776, and it received the sanction of the United States at the treaty of Hopewell with the Cherokees in 1785 (7 Stat. L., 18). Porterfield v. Clark, S How., 76. Sec. 2239. The Cherokee sale to Henderson & Co. stands on the same grounds as if it had been made by the authority of the Crown of Great Britain, so far as the boundary and Indian rights stand affected. Ibid. Sec. 2240. A purchase from Indians of land in territory under French authority gave no title unless sanctioned by that authority. United States v. Rillieux, 1 4 How., 189. Sec. 2241. A claim to land in Iowa under an alleged purchase from the Fox Indians by one Dubuque, and a subsequent grant from the Spanish authorities which showed no intention to grant anything more than a mining privilege, did not constitute a complete title protected by the treaty of Paris of April 30, 1803. Chouteau v. Molony, 16 How., 20S. Sec. 2242. It is unreasonable to suppose that in granting to one Dubuque a mining privilege within a certain territory the Fox Indians intended to sell said territory, which included a large Indian village. Ibid. Sec. 2243. If the words of a paper are doubtful as to what the Indians meant to sell, as the copy of the council is written in a language which they could neither read nor fully understand, it will be but right to hold it as an uncertainty, and not permit their bargainee or his alienees to give it a fixed meaning in their own favor. Ibid. Sec. 2244. Without having a given depth, a tract of land claimed to have been purchased of the Indians could not have been surveyed as to quantities or boundaries, and on that account it would, under the Spanish law as well as our own, ...
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Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236555163
  • 9781236555168