Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Subjects:
Legal History

ISBN13: 9780195314892
ISBN: 0195314891
Published: October 2007
Publisher: Oxford University Press
Country of Publication: USA
Binding: Paperback
Price: £11.99

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.

  • The disturbing history behind the landmark Supreme Court ruling that deprived Native American peoples of title to their land