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30-Oct-2015 10:45

that it was his ardent wish that our frontiers might be traversed in safety by Whites and Indians; that he would adopt measures to enforce this wish by sending large military forces into the country ...

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I did not feel authorized to appoint them, and intended to do it conditionally and submit their credentials to the Governor of Minnesota Territory, and the Superintendent of Indian Affairs therein; but finding that a conditional exercise of authority in the matter would only give rise to further dissentions [sic], I presented these chiefs with appointments, in writing, dating the 24th of August, '49, and gave each of them a medal.After the above narrated ceremony was over, I again spoke to them, and told them what was expected of them in their intercourse with whites, with half-breeds, and with each other, and with neighboring tribes.As the letter of the Secretary of the Interior to the President, in relation to that frontier, was sent me with my instructions, I ventured to suggest to them that the United States contemplated opening that country for settlement.The Indians are more phlegmatic of their high appreciation of such a blessing ...Anthony and renamed Fort Snelling, on the East Bank of the Mississippi River where the Minneapolis-St. The Indian treaties were written by the Europeans and Euro-Americans with the assumption that the European Sovereigns already had eminent domain, and what the Indians were ceding was usufruct and tenancy, giving up their rights of occupancy so that the territory ceded could be occupied by White settlers and their Black slaves.They [the Indians] acknowledge themselves in their treaties to be under the protection of the United States; they admit that the United States shall have the sole and exclusive right of regulating the trade with them, and managing their affairs as they think proper. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. The Court has bestowed its best attention on this question, and after mature deliberation, the majority is of opinion that an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution ...

This decision, which led to the Cherokee Trail of Tears in 1832, and is the one usually cited in U. claims of jurisdiction over Indians under what is called Sacred Trusteeship, was decided on the basis of Métis people whose Sovereignty was already held by the European hierarchy.

I told them I had been sent to that country by the President (these people recognizing no authority but that emanating from the President) to examine it and see them; that the President was a stranger to them and their country; that he was anxious to bring them within the protecting guardianship of the United States; to provide them, as our other Indian tribes, with such necessities of life as were now beyond their reach; to encourage and aid them in habits of life that would place them above a dependence on the game of the plains for their subsistence; ...

The United States' dealings with their Indians, in Treaties and subsequent documents called Agreements, did not relate to the European concepts of eminent domain, consummated national title, and imperial dominion.

This cornerstone of the relationship between colonial nations and the territory which was presumed to comprise them (for the sake of brevity referred to as eminent domain), had already been claimed by European nations under their doctrines of right of Christian royalty to discovery, sometimes subject to consummation by exploration and occupation.jibway Midé and other Aboriginal Indigenous nations to Grandmother Earth was considered irrelevant, and was redefined by the racist European colonizers as "aboriginal occupancy" invested with approximately the same rights as a "wild animal."The part of what is now called the State of Minnesota, west of the Mississippi, had been claimed by Spain, then France, then Spain, and in 1803 the European claim of eminent domain was transferred to the British-Americans of the United States, under the Louisiana Purchase.

The land east of the Mississippi River, in the area now designated as part of the State of Minnesota, had been claimed by the United States since the end of the American Revolution in 1783, at which time the boundary to the west of Lake Superior was described as following the line of water communica­tion to the Lake of the Woods, through that Lake to its Northernmost point, and then proceeding due west to the Mississippi River.

area was made a part of the Northwest Territory, and in 1819 the United States built Fort St.