The Question of Aborigines in the Law And Practice of Nations Including a Span
The Question of Aborigines in the Law And Practice of Nations Including a Span
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To the operation of this rule of natural law may be traced all those small reservations to the Indian tribes within the limits of most of the old States. The General Court of Massachusetts fell short of coming up to the principle of natural law, but went beyond the general maxims of the period, when, in 1633, it declared " that the Indians had the best right to such lands as they had actually subdued and improved. " That Government, at the same time, asserted its right to all the rest of the la...nds within its charter, and actually parceled them out by grant among the white inhabitants, leaving to them the discre- tionary duty of conciliating the Indians by purchasing their title! The general assembly of Virginia asserted the unrestricted right of a conqueror, and, at the same time conceded what the principles of natural law were supposed ta require, when, in 1658, it enacted " that for the future no lands should be patented until 50 acres had been first set apart to each warrior or head of a family belonging to any tribe of Indians in the neighborhood.
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