The English Colonial Settlements initially viewed the land similarly as the aboriginal Indian inhabitants in a particular way. The land was the provider of sustenance to both. The early English Colonies sought refuge in the land, which was unlike the …show more content…
At first there was an aggressive unfettered Indian land grab and then ongoing assaults on natural resources residing on the ever-dwindling Indian lands. The stereotypes of American Indians as inferior beings with limited intellect, or bloodthirsty warriors, or lacking acceptable morals initially justified Colonial expansionism under pretense of ordained religiosity. Indian resistance to relentless encroachment was often confronted with rebellion and the question of sovereignty was debated. The establishment of the United States and the subsequent 1823 Supreme Court ruling of Johnson v. McIntosh made clear the government accepted that early Europeans had rights to all Indian lands by having discovered the lands. Having previously defeated the British and securing American independence allowed the victor’s title be transferred to the United States. It is from this point that “Conquest by Law” guides the history of land possession between Native Americans and …show more content…
The national conquest gained a legal endorsement to empower government separate Indian Nations from their land as assured in 1831 by the Supreme Court’s Cherokee Nation v. Georgia ruling that minimized Indian sovereignty to that of being a dominated people at best classified as dependents of their United States government guardian.
In 1832 the Worcester v. Georgia ruling held that the aforementioned Cherokee treaties and the Trade and Intercourse Acts passed since 1790 did recognize Indian Nations as political entities with authority within its borders. It now excluded States from having any jurisdictional power over Indian Nations. Though this ruling established Indians as autonomous from States it put in motion what would later become Congressional plenary power and it marks the beginning of federally exercised relocation to feed American land hunger and later efforts to manage “the Indian