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without the Crown's permission. The text of this Proclamation can be found at: <http://www.yale.edu/lawweb/avalon/proc1763.htm>
<http://laws.findlaw.com/us/10/87.html> [Hide Quote]
[. . . ]the interest of the states in the soil of the Indians within their boundaries [. . . .] [i]s nothing more than what was assumed at the first settlement of the country, to wit, a right of conquest or of purchase, exclusively of all competitors within certain defined limits [. . .]. If the interest in Georgia was nothing more than a pre-emptive right, how could that be called a fee-simple, which was nothing more than a power to acquire a fee-simple by purchase, when the proprietors should be pleased to sell?" (from Justice Johnson's dissent; all quotes within this entry are from Fletcher v. Peck)
The Johnson v. M'Intosh decision would later cite Fletcher v. Peck as precedent for the principle "that the Indian inhabitants are to be considered merely as occupants, to be protected, indeed, while in peace, in the possession of their lands, but to be deemed incapable of transferring the absolute title to others."
<http://www.utulsa.edu/law/classes/rice/USSCT_Cases/JOHNSON_V_MCINTOSH_1823.HTM> (see essay by Patricia Engle) [Display Quote]