Ultimate dominion let European governments grant Indian-occupied land to settlers.

Evidence

The exclusion of all other Europeans necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which by others all assented. … While the different nations of Europe respected the right of the natives as occupants, they asserted the ultimate dominion to be in themselves, and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy. — Supreme Court of the United States (Marshall Court, 1823), Johnson & Graham’s Lessee v. M’Intosh,…, 167

Categorization

• XREF: The distinction between ultimate dominion and occupancy tracks the seigneurial/feudal split between seisin and use that Casebook’s property-law framing draws on. — connects to: Discovery of land granted title against rival Europeans but not against natives. — Supreme Court of the United States (Marshall Court, 1823), Johnson & Graham’s Lessee v. M’Intosh,…, 166; Natives were rightful occupants but lacked power to sell their land. — Supreme Court of the United States (Marshall Court, 1823), Johnson & Graham’s Lessee v. M’Intosh,…, 169; Royal charters expressly conveying soil prove the Crown claimed land rights over Indian territory. — Supreme Court of the United States (Marshall Court, 1823), Johnson & Graham’s Lessee v. M’Intosh,…, 197

Related

• Discovery of land granted title against rival Europeans but not against natives. (similarity 0.84)
• Natives were rightful occupants but lacked power to sell their land. (similarity 0.84)
• Discovery vested absolute title in Europeans subject only to Indian occupancy (similarity 0.84)
• Royal charters expressly conveying soil prove the Crown claimed land rights over Indian territory. (similarity 0.83)
• Supreme Court of the United States (Marshall Court, 1823) — Johnson & Graham’s Lessee v. M’Intosh, 21 U.S. (8 Wheat.) 543 (similarity 0.79)
• Indian land was held in common by each tribe rather than in severalty. (similarity 0.78)