As a corollary, the "discovering" power gains the exclusive right to extinguish the "right of occupancy" of the Indigenous occupants, which otherwise survived the assumption of sovereignty. Marshall further opined that when they declared independence from Great Britain, the United States government inherited the British right of preemption over Native American lands. The legal result is that the only Native American conveyances of land which can create valid title are sales of land to the federal government.Banner, 2005, pp. 178-188.
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John Bohan, who would become a major shop owner, merchant, justice of the peace and investor, moved to Kokomo in December 1844, and erected the first two-story frame house, not only in Kokomo, but in all the county.Morrow, pp. 202–03. After the enactment of the 1846 pre-emption law,An Act to grant the Right of Preemption to actual Settlers on the Lands acquired by Treaty from the Miami Indians in Indiana, 9 Stat. 50 (August 3, 1846).
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In earlier time, "pre-emption right" has had a separate and distinct meaning from that given to it today.www.lectlaw.com Under international law, the right of preemption formerly referred to the right of a nation to detain merchandise passing through its territories or seas to afford to its subjects the preference of purchase. That form of right was sometimes regulated by treaty. A 1794 treaty between the United States and Great Britain agreed: In the 18th- century United States, when an individual bought the preemption right to land, he did not buy the land but only the right to buy the land.
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New York and Massachusetts agreed to divide the rights in question with a treaty signed December 16. The states agreed that all of the land in question, about 6 million acres (24,000 km²), would be recognized as part of New York State. Massachusetts, in return, obtained the right of preemption, the title to all of the land, giving it the exclusive right to extinguish by purchase the possessory rights of the Indian tribes (except for a narrow strip along the Niagara River, the title to which was recognized to belong to New York). The compact also provided that Massachusetts could sell or assign its preemptive rights.
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In February 1889, 60-year-old Te Kooti, the leader of the Hau Haus, decided to visit Gisborne, the land of his birth. This impending visit caused an uproar among the European population because they were convinced that the chief was there to prevent the sale of Maori land. For Arthur Desmond, Te Kooti's action was disastrous since he found himself in the untenable position of supporting the chief against New Zealand's European population over an issue that had been a major plank in his parliamentary platform— the Crown's right of preemption. In Poverty Bay, at a packed schoolhouse in Makaraka, Desmond faced a meeting of some five hundred angry settlers on Te Kooti's behalf.
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A map showing the alt=A map of the Phelps and Gorham Purchase Both the sovereignty over and land title to modern-day western New York was disputed between the colonies, and then states, of New York and Massachusetts, both claiming the lands by virtue of their colonial charters.Blacksmith v Fellows, 7 N.Y. (3 Seld.) 401, 411 (1852) ("There was originally a dispute between the states of New York and Massachusetts as to a large tract of land of which the locus in quo was a part. In 1786 that dispute was settled by a cession from Massachusetts to New York of the government, sovereignty and jurisdiction of the lands in controversy, and by a cession from New York to Massachusetts of 'the right of preemption of the soil from the native Indians and all other right or title of New York' to the same."). This dispute was resolved on December 16, 1786 by the Treaty of Hartford, an interstate compact providing that the lands would be part of the territory of New York, but Massachusetts would retain the pre- emption rights, the exclusive right to purchase the Indian lands.
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