Certainly. But it is also "incompatible with an absolute and perfect title" in the white mau! Hcre again, in their de- sire to define and cnforce the greater right, by making it so clear that it included the lesser one, they equally definc and enforce the lesser right subject" is a strong participle when it is used legally. Pro- visions are nade in wills, "subject to" a widow's right of dower, for instance, and the provisions eannot be carried out without the consent of the person to whom they clared to be subjeet." "subject to" anything or anybody caunot be said to be abso- lute till that subjcction is removed.
There have been some definitions and limitations by high legal anthority of the methods in which this Indian "right of occupancy" night be extinguisbed even by conquest.
"The title by conquest is acquired and maintaincd by force The conqueror prescribes its limits. IIumanity, however, act ing on public opinion, has established as a gencral rule that the conqnered shall not be wantonly oppressed, and that their con- dition shall remaiu as thing to be included. The word as a are thus de A title which is prononnced to be as is compatible with the objects incorporated with the vie or citizens of the govern- eligible of the conquest. Usually they are torions nation, and become subjccts ment with which they poration is praeticable. humanity demands, and a wise poliey requires, that the rights of the conquered to property should rermain unimpaired; that the new subjccts should be governed as equitably and the conquercd inhabitants can be blended with the con querors, or safely governed as a distinet people, public opinion, which not even the conqueror can disregard, imposes these re- straints upon him, and he cannot neglect them without injary to his fame, and hazard to his power.
- When this incor-
are connected. as the old.
When the couquest is conplete,[1]
- ↑ Peters, United States Statutes at Large, vol, vii