An isolated royal confirmation cannot validate Indian titles generally against the Crown.
Evidence
This charter and this letter certainly sanction a previous unauthorized purchase from Indians under the circumstances attending that particular purchase, but are far from supporting the general proposition, that a title acquired from the Indians would be valid against a title acquired from the Crown, or without the confirmation of the Crown. â Supreme Court of the United States (Marshall Court, 1823), Johnson & Grahamâs Lessee v. MâIntosh,âŠ, 310
Categorization
- QUESTION: Northern question: does this logic presuppose that the Crown âownedâ land it never actually possessed? Where does that presumed original Crown title come from?
- XREF: The circularity here â the Crownâs title is asserted by the charter itself â reverberates with the polyadâs listening/interpretation thread about how legal fictions get built and sustained. â connects to: Royal charters expressly conveying soil prove the Crown claimed land rights over Indian territory. â Supreme Court of the United States (Marshall Court, 1823), Johnson & Grahamâs Lessee v. MâIntosh,âŠ, 197