Conquest by Law

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Conquest by Law

How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

General and world history History of the Americas History Social and cultural history Indigenous peoples Civics and citizenship Human rights, civil rights Property law: general

Author: Lindsay G. Robertson

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Language: English

Published by: Oxford University Press

Published on: 25th August 2005

Format: LCP-protected ePub

Size: 8 Mb

ISBN: 9780199881994


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 of collusion, 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.

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