Confederation Congress Proclamation of 1783
Law of the U.S. in the Articles of Confederation (pre-Constitution) / From Wikipedia, the free encyclopedia
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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.