Conquest by law : how the discovery of America dispossessed indigenous peoples of their lands /

Robertson, Lindsay Gordon,

Conquest by law : how the discovery of America dispossessed indigenous peoples of their lands / Lindsay G. Robertson. - xiii, 239 pages, 8 unnumbered pages of plates : illustrations, maps ; 24 cm

Includes bibliographical references (pages 217-228) and index.

The Illinois and Wabash land companies : purchases and petitions -- Harper -- Before the court -- Unforeseen complication : the complex politics of early republican federalism -- The opinion -- Legacies -- Afterword -- Appendix 1: the 1810 memorial -- Appendix 2: the agreed statement of facts and federal objections to the claims.

"In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownershipto the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historicalorigins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the completeand troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law thatgoverns indigenous people and their lands to this day."--Publisher description.

019514869X 9780195148695

2004022795


United States. Supreme Court --History.
United Illinois and Wabash Land Companies--Trials, litigation, etc.


Indians of North America--Land tenure--History.--United States
Indian land transfers--History
Land titles--History--Illinois
Land titles--History--Indiana
Constitutional history--United States

KF228.U5 / R63 2005

346.73043208997

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