Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Nonintercourse Act
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Text of the land provision== The first four acts expired after four years; the 1802 and 1834 acts had no expiration. The version of the act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions of the act.<ref>See, e.g., ''[[New York ex rel. Cutler v. Dibble]]'', 62 U.S. (21 How.) 366, 367 (1858) ("[C]ounsel for the plaintiffs in error contended that ... [the 1834 Act] repealed so much of [the 1802 Act] as applied to the Indians west of the Mississippi, but left it operative upon the Indians east of the Mississippi ..."); see also O'Toole and Tureen, 1971, at 3 n.8.</ref> For example, three dissenting justices in ''[[South Carolina v. Catawba Indian Tribe]]'' (1986) noted that the 1793 Act expanded the scope of the 1790 Act by applying the prohibition not only to lands but "claims".<ref>''[[South Carolina v. Catawba Indian Tribe, Inc.]]'', 476 U.S. 498 (1986) (Blackmun, J., dissenting).</ref> The original act, passed on July 22, 1790, provides: {{quote|No sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state, whether having the right of pre-emption to such lands or not, unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.<ref>Act of July 22, 1790, Pub. L. No. 1-33, § 4, 1 Stat. 137, 138.</ref>}} The 1793 act provides: {{quote|[N]o purchase or grant of lands, or of any title or claim thereto, from any Indians or nation or tribe of Indians, within the bounds of the United States, shall be of any validity in law or equity, unless the same be made by a treaty or a convention entered into pursuant to the constitution ...<ref>Act of March 1, 1793, Pub. L. No. 2-19, § 8, 1 Stat. 329, 330.</ref>}} The 1796 act provides: {{quote|[N]o purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty, or convention, entered into pursuant to the constitution ...<ref>Act of May 19, 1796, Pub. L. No. 4-30, § 12, 1 Stat. 469, 472.</ref>}} The 1799 act provides: {{quote|No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into pursuant to the constitution ...<ref>Act of March 3, 1799, Pub. L. No. 5-46, § 12, 1 Stat. 743, 746.</ref>}} The 1802 act provides: {{quote|No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation, or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into pursuant to the constitution ...<ref>Act of March 30, 1802, Pub. L. No. 7-13, § 12, 2 Stat. 139, 143.</ref>}} The 1834 act, currently codified at 25 U.S.C. § 177, provides: {{quote|No purchase, grant, lease, or other conveyance of land, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant the constitution.<ref>Act of June 30, 1834, Pub. L. No. 23-161, § 12, 4 Stat. 729, 730 (codified as amended at 25 U.S.C. § 177 (2006)).</ref>}}
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)