Jump to ContentJump to Main Navigation
Empire by TreatyNegotiating European Expansion, 1600-1900$
Users without a subscription are not able to see the full content.

Saliha Belmessous

Print publication date: 2014

Print ISBN-13: 9780199391783

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199391783.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2019

To “Clear the King’s and Indians’ Title”

To “Clear the King’s and Indians’ Title”

Seventeenth-Century Origins of North American Land Cession Treaties

Chapter:
(p.45) 3 To “Clear the King’s and Indians’ Title”
Source:
Empire by Treaty
Author(s):

Daniel K. Richter

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199391783.003.0003

This chapter argues that the distinctive role of land cession treaties in the dispossession of indigenous people in the United States can be traced to historical circumstances in North America and England during the second half of the seventeenth century. Proprietary titles derived from the English Crown were confused, overlapping, and contested by colonists who rested their titles on grants from other colonial powers or on purchases from Native Americans. In practical terms European sovereign claims could seldom be enforced, but neither (in English law) could those derived from treaties of purchase. The imperfect solution that English proprietors of William Penn’s generation discovered was to bring the two sorts of claims together. In theory royal titles remained supreme, but those who held them henceforth had to use the treaty process to extinguish native claims before lands could be sold to settler-colonists.

Keywords:   land cession treaties, Native Americans, North America, Pennsylvania, Carolina, New Jersey, proprietary titles, seventeenth century, sovereign claims, William Penn

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .