Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands
Oxford University Press, 25 aug. 2005 - 272 sidor
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.
Så tycker andra - Skriv en recension
Vi kunde inte hitta några recensioner.
Purchases and Petitions
CHAPTER 2 Harper
CHAPTER 3 Before the Court
CHAPTER 4 Virginia Kentucky and the Complex Politics of Early Republican Federalism
CHAPTER 5 The Opinion
CHAPTER 6 Legacies
Andra upplagor - Visa alla
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
Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery
Steven T. Newcomb
Begränsad förhandsgranskning - 2008