Conquest by Law How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

by Robertson, Lindsay G.

• ISBN13: 9780195314892
• ISBN10: 0195314891
• Format: Paperback
• Copyright: 2007-04-12
• Publisher: Oxford University Press

Summary

John Marshall's landmark 1823 decision in Johnson v. M'Intosh gave the European sovereigns who "discovered" North America rights to the land, converting Native Americans in one stroke into mere tenants. In 1991, while investigating the historical origins of this highly controversial decision,Lindsay Robertson made a startling find in the basement of a Pennsylvania furniture-maker--the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in the case. Drawing on these records, Conquest by Law provides, for the first time, a complete and troubling account ofcollusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which led to the massive displacement of Native Americans and the creation of a law that governs indigenous people to this day.

Author Biography

Lindsay G. Robertson is Orpha & Maurice Merrill Professor of Law, History & Native American Studies at the University of Oklahoma College of Law. A frequent commentator on indigenous legal affairs, Robertson has served as Faculty Director of the Center for the Study of American Indian Law & Policy since 1998. He teaches courses on Federal Indian Law and Constitutional Law.

Table of Contents

The Illinois and Wabash Land Companies: Purchases and Petitions	p. 3
Harper	p. 29
Before the Court	p. 45
Virginia, Kentucky, and the Complex Politics of Early Republican Federalism	p. 77
The Opinion	p. 95
Legacies	p. 117
Afterword	p. 143
The 1810 Memorial	p. 145
The Agreed Statement of Facts and Objections to the Claims	p. 175
Notes	p. 183
Bibliography	p. 217
Index	p. 229
Table of Contents provided by Ingram. All Rights Reserved.