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:''Not to be confused with the Non-Intercourse Act (1809) which deals with foreign trade'' The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834. The Act regulates commerce between Americans and Native Americans. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. ==Text of the land provision== The first four Acts expired after 4 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.〔See, e.g., ''New York ex rel. Cutler v. Dibble'', 62 U.S. (21 How.) 366, 367 (1858) ("()ounsel for the plaintiffs in error contended that … (1834 Act ) repealed so much of (1802 Act ) as applied to the Indians west of the Mississippi, but left it operative upon the Indians east of the Mississippi ..."); see also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.〕 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."〔''South Carolina v. Catawba Indian Tribe, Inc.'', 476 U.S. 498 (1986) (Blackmun, J., dissenting).〕 The original Act, passed on July 22, 1790 provides: ()o 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.〔Act of July 22, 1790, Pub. L. No. 1-33, § 4, 1 Stat. 137, 138.〕 The 1793 Act provides: ()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 …〔Act of March 1, 1793, Pub. L. No. 2-19, § 8, 1 Stat. 329, 330.〕 The 1796 Act provides: ()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 …〔Act of May 19, 1796, Pub. L. No. 4-30, § 12, 1 Stat. 469, 472.〕 The 1799 Act provides: ()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 …〔Act of March 3, 1799, Pub. L. No. 5-46, § 12, 1 Stat. 743, 746.〕 The 1802 Act provides ()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 …〔Act of March 30, 1802, Pub. L. No. 7-13, § 12, 2 Stat. 139, 143.〕 The 1834 Act, currently codified at 25 U.S.C. § 177, provides: ()o 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.〔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)).〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Nonintercourse Act」の詳細全文を読む スポンサード リンク
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