tribes before the acquisition of the territory by Spain and
Great Britain remained in force over all the ceded territory, the law which regulated the relations with all the Indians who were parties to them, and were binding on the United States by the obligation they lhad assuned by the Louisiana treaty as a supreme lay of the land,
"The treaties with Spain and England before the ncquisition of Florida by the United States, which guaranteed to the Sem- inole Indians their lands, according to the riglt of property with which they posscssed therm, were adopted by the United States, who thus became the proteetors of all the rights they (the Indians) had previously enjoyed, under Great Britain or Spain, as individuals or nations, by any treaty to whieh the United States thus became parties in as or could of right enjoy, 1803,
The Indian right to the lands as of possession; that of alienation was concomitant; both were equally socured, protected, and guarantced by Great Britain and Spain, subject only to ratification and confirmation by the license, charter, or deed from the government representing the king."
The laws made it necessary, when the Indians sold their lands, to have the decds presented to the governor for confir mation. The sales by the Indians transferred the kind of right which they possessed; the ratification of the sale by the gov- érnor must be regarded as a the Crown to the purchaser, and no instance is known of re- fnsal of permission to sell, or of the rejection of an Indian property was not merely relinquisbment of the title of sale.[1]
The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still
greater portion by the States of the Union after the Revolu-
- ↑ United States vs. Clark, 9 Peters, 168.