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Books Books 71 - 80 of 122 on They may more correctly perhaps be denominated domestic dependent nations. They occupy....
" They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they... "
John Marshall: complete constitutional decisions - Page 670
by John Marshall - 1903 - 799 pages
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Understanding Tolowa Histories: Western Hegemonies and Native American Responses

James Collins - History - 1998 - 232 pages
...Articulating what would become the doctrine of domestic dependence, Marshall asserted that "[Indians] are in a state of pupilage. Their relation to the...United States resembles that of a ward to his guardian" (Spicer, 1969:186, 187). In a memorable legal pirouette, he concluded that although the state of Georgia...
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The Encyclopedia of Native American Legal Tradition

Bruce Elliott Johansen - History - 1998 - 410 pages
...limited sovereignty: "They may, more correctly, perhaps be denominated domestic dependent nations. . . . Their relation to the United States resembles that of a ward to his guardian." These phrases, interpreted by the Bureau of Indian Affairs, became the legal justification for the...
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American Frontiers: Cultural Encounters and Continental Conquest

Gregory H. Nobles - History - 1998 - 304 pages
...were not in fact a separate state or nation; rather, they were a "domestic dependent nation" whose "relation to the United States resembles that of a ward to his guardian." However, in a second decision the following year, Worcester vs. Georgia, the Court took a much firmer...
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Fugitive Poses: Native American Indian Scenes of Absence and Presence

Gerald Robert Vizenor - Social Science - 1998 - 238 pages
...by peculiar and cardinal distinctions which exist no where else." Moreover, the relation of natives "to the United States resembles that of a ward to his guardian."" Most of the treaties with natives were executed by the federal government as a consequence of the resolution...
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Environmental Injustices, Political Struggles: Race, Class, and the Environment

David Enrique Cuesta Camacho - Law - 1998 - 232 pages
...American tribes. This relationship has not been between two equals, but rather, "their [Native Americans] relation to the United States resembles that of a ward to his guardian."28 The trust responsibility of the federal government derives from the original treaties...
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Indian Reservations in the United States: Territory, Sovereignty ..., Issue 242

Klaus Frantz - History - 1999 - 370 pages
...state and the individual states. Furthermore, the court expressed the view that the Cherokee "occupy a territory to which we assert a title independent of...possession, when their right of possession ceases" (Cherokee Nation vs. State of Georgia 1831, 17). It goes without saying that the Cherokee could not...
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A Course of Lectures on the Constitutional Jurisprudence of the United ...

William Alexander Duer - History - 1856 - 545 pages
...which must take effect in point of possession when their right of occupancy ceases. In the mean time, their relation to the United States resembles that of a ward to his guardian,—they look to the Federal Government for protection, rely on its kindness, and appeal to...
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Epochen Der Völkerrechtsgeschichte

Wilhelm Georg Grewe, Michael Byers - Law - 2000 - 780 pages
...»... they [the Indians] may correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of...States resembles that of a ward to his guardian«. while such treaties could perhaps provide the basis of property rights, they could never create rights...
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First Nations? Second Thoughts

Thomas Flanagan - Political Science - 2000 - 245 pages
...unambiguous, yet Marshall also wrote, in explaining his phrase "domestic dependent nations": "They occupy a territory to which we assert a title independent of...States resembles that of a ward to his guardian." Therefore, concluded Marshall, when he denied the Cherokee people a judicial remedy for their grievances...
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Documents of United States Indian Policy

Francis Paul Prucha - Law - 2000 - 396 pages
...nations. They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of...relation to the United States resembles that of a ward of his guardian. They look to our government for protection; rely upon its kindness and its power;...
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