 | Robert A. Williams - 2005 - 309 páginas
...contained in the discovery doctrine had been "adapted to the actual condition of the two people" and "may, perhaps, be supported by reason and certainly cannot be rejected by Courts of justice."26 The European Law of Nations' discovery doctrine and the system of colonial governmentality... | |
 | Steven T. Newcomb - 2008 - 220 páginas
...to the system under which the United States "has been settled" (colonized). That category of title may perhaps be supported by reason, and certainly cannot be rejected by "courts of justice." Thus by our analysis of the Johnson ruling, we have documented that the concept of discovery as used... | |
 | 1889 - 586 páginas
...system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and...certainly cannot be rejected by courts of justice." 14 Clearly, then, the Indians would seem to have but a qualified title to any of their lands. To this... | |
 | William Henry Arnoux - 1890 - 64 páginas
...system under which the country has been settled, and be adapted to the actual condition of the two people, it may perhaps be supported by reason, and...certainly cannot be rejected by courts of justice." " So far as respected the rights of the crown no distinction was taken between vacant land and land... | |
 | S. James Anaya - 1996 - 282 páginas
...system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by Courts of justice.64 Marshall's position in Johnson presaged a pattern of judicial deference to the political... | |
| |
However this restriction may be opposed to natural right, and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps,... 
