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

by Lindsay G. Robertson

Book Overview

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,...

• Format: Hardcover
• Language: English
• ISBN: 019514869X
• ISBN13: 9780195148695
• Release Date: August 2005
• Publisher: Oxford University Press, USA
• Length: 272 Pages
• Weight: 0.65 lbs.
• Dimensions: 0.9" x 6.3" x 9.6"

Customer Reviews

Interesting even for the non-historian

I love a good mystery--and the resolving of the twists and turns that led to it. This book is not only a good "who dunnit" but is also a serious study of a fascinating subject of interest to all English speaking people in the world. I enjoyed the book from cover to cover--it is well written, sprightly, serious, detailed, and generally a good read.

Important Work of Historical Detection with Much Food for Thought for the Future

It is not granted to every historian to discover a trunkful of old documents up in an attic somewhere. The fact that the Illinois-Wabash papers, which fortuitously fell into the capable hands of this particular historian, were located in a basement instead, hardly alters the aura surrounding this discovery, nor does it affect the drama of the issues involved. In sifting through the evidence brought to light by this remarkable find, Lindsay G. Robertson has provided more than a mere tale of "olden days" which might be of interest to a cloistered few: he has produced a revolutionary document which may have far-reaching consequences on the "history" of the future, as well as on our reading of the past. Mr. Robertson's capable exposition of a complex history, and the drawing out of the major themes and undercurrents informing the events of the period makes this work of interest to a broader public than just those who may find themselves involved professionally, or by association, or in the case of Native Americans and aboriginal peoples elsewhere, because it is very much part of their own story. Indeed, the wider ramifications of the judgment in the case of Johnson v. M'Intosh for both Canada and Australia and the indigenous peoples of those far-flung lands, heighten the importance of the decision itself and extend the range of interest of this original work of historical detection and analysis. It is not an easy story to come to grips with, and our thanks must go to the author for his careful unravelling and clear explanation of the facts surrounding what has partly been obscured by the mists of time, and partly intentionally covered up by many of the original participants. We live in age which has much to consider in the way of recognizing past faults. Much is owed to exploited populations in many lands: from the time of Cortez, no treaties have been signed in South America, and those lands have been subject to plunder for centuries. That the native peoples on our own continent have been herded and exploited perhaps to a lesser extent is no reason for not now attempting to reconcile the historical faults of which all Americans and Canadians now living are the heirs. Mr. Robertson's sensitive review of how the legal foundations for the transfer of Indian land into the hands of speculators, prospectors and other worthies of the period came into being, deserves our full attention. All in all, Mr. Robertson has produced an eloquent, eminently readable text that ought to foster much debate within the United States and abroad. It is a commendable work of scholarship which should not, must not, go unnoticed. It can, should we decide to take heed, contribute greatly to the furthering of better relations between communities in North America and around the globe - and, in a world which stands in dire need of developing governmental systems that take a diversity of communities into account (Liberia, Rwanda, and the Balkans come to mind at once, but the p

Intrigue, Indians & History - Told like a Novel

The story told in Conquest by Law could be the Enron scandal of the 19th Century...the irony is that it is all true and that you wouldn't have imagined it in your wildest dreams. We are used to a context in which the Supreme Court of the United States is the highest court of the land. It is implicit today that when the Supreme Court says what the law "is"...that is it, 'the final word'! However, when this story began there was no such confidence and no history of Supreme Court precedent! The Supreme Court was just another forum for speculation and that is what the protagonists do in Conquest by Law. The speculation on land and the profiteering that was the underlying motive was not originally designed to marginalize or dispossess Native Americans...but that is quickly what it became... It was, as so many scandals are, all about money. The King and then later the Congress implusively protected Indian Land, but not for the Indians, for themselves. And that is where the conflict begins, with a tug of war over who had the right to buy land directly from the Tribes. The nation's first and arguably, most important jurist eventually crafted the answer...an answer that created a "legitimate" dispossession of Indian Land, a legal conquest that remains the most devastating defeat in the history of Native Americans. Prof. Robertson exposes the scandal and legal manuevering behind Chief Justice Marshall's answer. The truth is a story of lies, bribery, politics, and and scandal that reads like a cross between McCullough and Grisham. This is a great read if you are interested in legal scandal, Native American History, the Supreme Court and/or corporate intrigue. Enjoy!!!