Confederation Congress Proclamation of 1783 information
Law of the U.S. in the Articles of Confederation (pre-Constitution)
Confederation Congress Proclamation of 1783 was a proclamation by the Congress of the Confederation dated September 22, 1783 prohibiting the extinguishment of aboriginal title in the United States without the consent of the federal government.[1] The policy underlying the proclamation was inaugurated by the Proclamation of 1763, and continued after the ratification of the United States Constitution by the Nonintercourse Acts of 1790, 1793, 1796, 1799, 1802, and 1833.[2][3][4][5]
During the Articles of Confederation-era, several U.S. states, particularly New York, purchased lands from Indians without the consent of Congress. In the 1980s, in the wake of the Oneida I (1974) decision permitting tribes to pursue such claims in federal courts, several tribes challenged such conveyances as contrary to the Proclamation. However, the Second Circuit has held that Congress had neither the authority nor the intent to prohibit such purchases within the borders of individual states, and thus that the Proclamation applied only to the federal territories.
^25 Journals of the Continental Congress 602 (1783).
^Robert J. Miller, The Discovery Doctrine in American Indian Law, 42 Idaho L. Rev. 1, 51 (2005).
^Michael D. Beach, Land Claims of the Golden Hill Paugussett Tribe: Are They "Holding Hostages" or Asserting Valid Property Rights?, 26 Wm. Mitchell L. Rev. 1009, 1036 (2000).
^Elizabeth A. Pearce, Self-Determination for Native Americans: Land Rights and the Utility of Domestic and International Law, 22 Colum. Hum. Rts. L. Rev. 361, 392--94 (1991).
^Robert N. Clinton, The Proclamation of 1763: Colonial Prelude to Two Centuries of Federal-State Conflict over the Management of Indian Affairs, 69 B.U. L. Rev. 329, 369 (1989).
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