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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.
This book investigates the historical origins and legal implications of the discovery doctrine, a foundational principle that continues to dictate the land rights of indigenous peoples in the United States. Lindsay G. Robertson, a legal scholar, utilizes newly uncovered corporate records from the Illinois and Wabash Land Companies to reconstruct the events surrounding the landmark 1823 Supreme Court case, Johnson v. M'Intosh. By examining the political collusion and spurious claims that informed this decision, the author argues that a doctrine intended for limited application was transformed into a permanent mechanism for dispossession. The work provides a rigorous analysis of how judicial interpretation solidified the displacement of indigenous populations under the guise of legal precedent.
What You Will Find
Legal scholars and historians frequently cite this work as a critical examination of the intersection between property law and colonial history. Experts highlight the book's reliance on primary source materials as a significant contribution to understanding the persistence of the discovery doctrine in modern jurisprudence.
Page Count:
272
Publication Date:
2005-01-01
Publisher:
Oxford University Press
ISBN-10:
019803394X
ISBN-13:
9780198033943
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