Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their LandsOxford University Press, 25.08.2005 - 272 Seiten 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. |
Inhalt
| 3 | |
CHAPTER 2 Harper | 29 |
CHAPTER 3 Before the Court | 45 |
CHAPTER 4 Virginia Kentucky and the Complex Politics of Early Republican Federalism | 77 |
CHAPTER 5 The Opinion | 95 |
CHAPTER 6 Legacies | 117 |
AFTERWORD | 143 |
APPENDIX 1 The 1810 Memorial | 145 |
APPENDIX 2 The Agreed Statement of Facts and Objections to the Claims | 175 |
NOTES | 183 |
BIBLIOGRAPHY | 217 |
INDEX | 229 |
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Conquest by Law: How the Discovery of America Dispossessed Indigenous ... Lindsay G. Robertson Eingeschränkte Leseprobe - 2005 |
Häufige Begriffe und Wortgruppen
agreed statement Annals of Congress appeared argument Brinton British Government Camden-Yorke opinion ceded cession Chickasaw circuit court colonies committee Cong conquest Crown December decision deed deed poll discovery doctrine district court England Mississippi Land February federal Fletcher George Troup Georgia governor grant Historical Society House Ibid Illinois and Wabash Illinois country Indian lands Indian Removal Indian title Ingersoll Jackson January Jefferson John Marshall Johnson jurisdiction Kaskaskias Kentucky Kentucky General Assembly lands purchased lands west leagues legislature M’Intosh Marshall’s memorial memorialists Mississippi NOTES TO PAGES Ohio opinion Philadelphia Piankashaws plaintiff possession proclamation question river Robert Goodloe Harper sell Senate sess settlements shareholder Simon Gratz soil speculators state’s Supreme Court territory tion tract treaty treaty of Greenville tribes U.S. Senate United Illinois validity Vincennes Wabash Companies Wabash Land Companies Wabash Papers Wabash purchase Wabash River Washington Webster William Winder and Murray Worcester Yazoo
Beliebte Passagen
Seite 131 - Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned, right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our Government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations.
Seite 168 - Commissions; as also that no Governor, or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
Seite 168 - And we do further declare it to be our royal will and pleasure, for the present, as aforesaid, to reserve under our sovereignty, protection, and dominion, for the use of the said Indians, all the lands and territories...
Seite 99 - The exclusion of all other Europeans necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which by others all assented.
Seite 168 - Indians, all the Lands and Territories not included within the Limits of Our said Three New Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the sea from the West and North West...
Seite 167 - And whereas it is just and reasonable, and essential to our interest and the security of our colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection...
Seite 75 - In the establishment of these relations, the Rights of the original Inhabitants were in no instance entirely disregarded, but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as a just claim to retain possession of it...
Seite 113 - The British government, which was then our government, and whose rights have passed to the United States, asserted a title to all the lands occupied by Indians within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them. These claims have been maintained and established as far west as the river Mississippi by the sword.
Seite 76 - They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion ; but their rights to complete sovereignty, as independent nations...
Seite 100 - While the different nations of Europe respected the rights of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in the possession of the natives. These grants have been understood by all, to convey a title to the grantees, subject only to the Indian right of occupancy.
Verweise auf dieses Buch
Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery Steven T. Newcomb Eingeschränkte Leseprobe - 2008 |