Advertisement

Separation or Separate Property: The Unsettling Prospect of Ownership

  • David Ress
Chapter

Abstract

The treaty creating the Iowa Half Breed Tract left unclear rights of use and possession of land, Maurice Blondeau soon realized. As the first would-be settlers drifted onto the Tract, the question of apportioning land arose. But the “Indian title” specified for the Tract, the fact that it was within territory that still belonged to Native peoples and was therefore outside the control of US courts and the General Land Office, and the lack of any community institutions capable of creating consensus on land rights or enforcing such rights, left the people of the Tract in limbo. At the same time, the model of outright ownership concerned a national government where many were anxious about the disorder acceptance of squatters rights might create and others believed the justification for invoking squatters rights—property right acquired in the Lockean manner by infusing labor into an object—was fundamental.

Keywords

Property rights Squatters Severalty Landownership John Locke 

References

  1. August Chouteau’s heirs v. United States 34 U.S. 147 (U.S. Supreme Court, 1835).Google Scholar
  2. Johnson v M’Intosh, 21 US (8 Wheat) 543 (U.S. Supreme Court, 1823).Google Scholar
  3. Marsh v. Brooks, 49 U.S. 223 (U.S. Supreme Court, 1846).Google Scholar
  4. Antoine Soulard’s heirs v United States 35 U.S. 100 (U.S. Supreme Court, 1836).Google Scholar
  5. Missouri v. Iowa 49 U.S. 660 (U.S. Supreme Court, 1849).Google Scholar
  6. American State Papers, Indian Affairs.Google Scholar
  7. American State Papers Public Lands.Google Scholar
  8. “Petition to clarify the half-breed land parcel,” August 25 1829, William Clark Papers, Kansas State Historical Society, Microfilm reel MS-99.Google Scholar
  9. Treaty with the Sauk and Foxes, August 4, 1824, 7 Statutes at Large, 229.Google Scholar
  10. Campbell, Isaac, “Recollections of the Early Settlement of Lee County,” Annals of Iowa, First Series, Vol. 5 (1867) pp. 883–895.CrossRefGoogle Scholar
  11. Coues, Elliot, Expeditions of Zebulon Pike (New York: Francis P. Harper, 1895).Google Scholar
  12. Kades, Eric, “History and Interpretation of the Great Case of Johnson v. M’Intosh,” Law and History Review, Vol. 19, no. 1 (Spring, 2001) pp. 67–116.Google Scholar
  13. Kinzie, Juliete, Wau-bun, Early Day in the Northwest (Philadelphia: Lippincott, 1873).Google Scholar
  14. Siepp, David J., “The concept of Law in Early Common Law,” Law and History Review, Vol. 12, (1994) pp. 21–91.Google Scholar
  15. Vanausdol, Valencourt, “Recollections of Valencourt Vanausdol,” in The History of Lee County, Iowa (Chicago: Western Historical Society, 1879) pp. 335–339.Google Scholar
  16. Wilkins, David E. and Lomawaima, K. Tsianina, Uneven Ground: American Indian Sovereignty and Federal Law (Norman: University of Oklahoma Press, 2001).Google Scholar

Copyright information

© The Author(s) 2019

Authors and Affiliations

  • David Ress
    • 1
  1. 1.Newport NewsUSA

Personalised recommendations