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 ownership to 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 historical origins 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 complete and 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 that governs indigenous people and their lands to this day.
An investigation into the legal basis of land claims in the United States, this volume uses the archives of the Illinois and Wabash Land Companies to illustrate how a doctrine that discovery created a right of ownership became enshrined in U.S. law & turned indigenous peoples from owners into tenants.
When it adopted a new constitution in 1969, the Seminole Nation was the first of the Five Tribes in Oklahoma to formally reorganize its government. In the face of an American legal system that sought either to destroy its nationhood or to impede its self-government, the Seminole Nation tenaciously retained its internal autonomy, cultural vitality, and economic subsistence. Here, L. Susan Work draws on her experience as a tribal attorney to present the first legal history of the twentieth-century Seminole Nation. Work traces the Seminoles’ story from their removal to Indian Territory from Florida in the late nineteenth century to the new challenges of the twenty-first century. She also places the history of the Seminole Nation within the context of general Indian law and policy, thereby revealing common threads in the legal struggles and achievements of the Five Tribes, including their evolving relationships with both federal and state governments. As Work amply demonstrates, the history of the Seminole Nation is one of survival and rebirth. It is a dramatic story of an Indian nation overcoming formidable obstacles to move forward into the twenty-first century as a thriving sovereign nation.
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 ownership to 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 historical origins 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 complete and 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 that governs indigenous people and their lands to this day.
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