6860. PREEMPTION, Right of.—
If the
country, instead of being altogether vacant, is
thinly occupied by another nation, the right of
the native forms an exception to that of the new
comers; that is to say, these will only have a
right against all other nations except the natives.
Consequently, they have the exclusive
privilege of acquiring the native right by purchase
or other just means. This is called the
right of preemption, and is become a principle
of the law of nations, fundamental with respect
to America. There are but two means of acquiring
the native title. First, war; for even
war may, sometimes, give a just title. Second,
contracts, or treaty.—
Opinion on Georgian Land Grants. Washington ed. vii, 467.
Ford ed., v, 166.
(1790)
