Wyoming Pre-Statehood Legal Materials: An Annotated Bibliography - Part II

countries and their claims to the New World.While the predominant European influences were Spanish, French, and English, portions of what is currently the state of Wyoming or territories of which Wyoming was once a part also fell within land contested or claimed by Russia, Mexico, and the Republic of Texas.As it is generally believed that the first white person to walk parts of Wyoming was John Colter, a member of the Lewis and Clark expedition who decided to explore south of the Missouri River on the return trip from the Pacific in 1806,2 it could also be argued that these foreign laws do not apply in the instance where there is no person to govern.But rights to newly discovered land were not viewed that way historically by the powers that claimed the territory, nor by other powers that might wish to claim possession, and so these claims become part of the legal history of the state.While the European propensity toward exploration and expansion can be dated to the time of the First Crusade, for the New World, it is generally believed that the initial legal document relative to land claims was the Papal Bull issued by Pope Alexander VI in 1493, giving Spain sovereignty over lands to be discovered in the New World not already under the dominion of any Christian powers.The Spanish monarchy granted Columbus a monopoly of exploration in the region.This grant was revoked in 1495, and freedom of navigation was opened to all "merchant adventurers."The monopoly was reassigned in 1497, but by that time, Americus Vespucci had set sail, destined to rediscover the lands that would later be named after him.'Spain lay sweeping claims to the continent, without regard to boundaries, by virtue of its exploration and discovery.Interestingly, it was generally accepted that while European nations proclaimed the lands theirs, these claims were not considered binding on any indigenous rights to the property.It was, rather, to prevent similar claims from other European powers. 4 Spain was not alone in claiming large portions of the new continent.France claimed portions Spain had already staked out, arguing that Spain had not colonized the region and France's explorers had made deeper inroads, having come south from Canada and north from Louisiana.England, as well, lay claim to the northeastern states, Canada, and the Pacific Northwest.Russia moved down from Alaska and established settlements along the Pacific Coast, with forts nearly as far south as San Francisco, which it retained until 1842. 5And the United States, through its expeditions, claimed rights to the land in the Northwest based on discovery of the Columbia River.

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