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

Indians were thereby reduced to mere occupants "incapable of transferring absolute title to others. Robertson's study is based on rediscovered historical records that clearly reveal how greed for land and power instigated the Trail of Tears and similar tragedies. Robertson takes us behind the litigation of the landmark case of Johnson v. M'Intosh , laying bare the process: Robertson's rich case study brilliantly illustrates how social, economic, and legal concerns all came together in this critical decision.

M'Intosh , a Supreme Court decision used and abused by generations of lawyers and judges. Robertson brings the case into the historical world from which it has been missing for years. Robertson brilliantly reconstructs the history of Johnson v. M'Intosh , the foundational case in federal Indian law in which Chief Justice John Marshall set forth the "discovery" doctrine, showing how this failed feigned case led to tragic, unintended consequences for Indian peoples in the U.

Deeply researched and lucidly argued, Conquest by Law is a remarkable contribution both to the literature of American history and to our national self-understanding.

McIntosh to expose the often ugly reality that the case was orchestrated to satisfy the greed of speculators. More disturbing, the decision was expanded for the purpose of rewarding Marshall's friends. It points to one of those historic moments wherein had integrity persevered, many tribes, including the Cherokee Nation, may not have faced the infamous Trail of Tears; and federal and tribal relations would have been founded on solid law, rather than fleeting political desires. Professor Robertson has done a great service to the country, to the law, to the Indian nations by exposing the truth through painstaking research.

An important contribution to both the study of law and the history of the West. Knight Professor of Law, University of Oregon "Drawing upon previously unknown historical records, Professor Robertson has written a major book destined to force a significant reconsideration of the legal principles and the landmark judgment relied upon in the USA, as well as in many other countries, to legitimate colonial assertions of ownership overriding indigenous ones. Morse, Professor of Law, University of Ottawa. See all Editorial Reviews. Product details File Size: July 27, Sold by: Share your thoughts with other customers.

Write a customer review. Showing of 6 reviews. Top Reviews Most recent Top Reviews. There was a problem filtering reviews right now. Please try again later. Kindle Edition Verified Purchase. One person found this helpful. 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.

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I enjoyed the book from cover to cover--it is well written, sprightly, serious, detailed, and generally a good read. 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: As an archivist and librarian I wish the author had provided some background on the discovery of the records of the Illinois and Wabash Land Companies and what that experience was like.

That said the fact that the original sources were available to generate a new way of looking at a familiar case is a fine example of th This is a very good, very informative but admittedly also a somewhat specialized read. That said the fact that the original sources were available to generate a new way of looking at a familiar case is a fine example of the difference that access to the original source s can make. Jul 29, Yunis Esa rated it really liked it. This review has been hidden because it contains spoilers. To view it, click here. This book is a compliment to the work closure by Gary fields.

The author Lindsay G. Robertson focuses on the case of Johnson vs M'Intosh and the history of the decision that Supreme court justice Marshal divergent had an impact on history. Aug 16, Brian rated it liked it Shelves: M'Intosh , a case which mostly decided that private citizens did not have the right to purchase land from the Native American tribes, and that instead only the federal government held that right. Due to Justice Marshall wanting to set up a precedent for an entirely different case, however, he wrote in a few passages about how the Native Americans didn't hold an absolute right to their traditional lands, Further subtitled: Due to Justice Marshall wanting to set up a precedent for an entirely different case, however, he wrote in a few passages about how the Native Americans didn't hold an absolute right to their traditional lands, but instead just had tenancy rights: In the establishment of the relationship between [the discoverer and the discovered], the rights of the original inhabitants were, in no instance, entirely disregarded; but were necessarily, to a considerable extent, impaired.

They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion, but their rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle, that discovery gave exclusive title to those who made it.

Or, in summary, "Europeans are so awesome that we own every place we go and screw the rest of you. But I guess you can still live there. M'Intosh , obviously, would have extremely far-reaching consequences beyond the bounds of a case about a group of speculators who bought land illegally from a tribe that may not even have lived on the land they were selling.

Editorial Reviews

It was one of the primary justifications for Andrew Jackson's program of Indian Removal and led to effective ethnic cleansing of the majority of the lands east of the Mississippi River. And what's worse, it's still the basis for law today. Examples are even given of cases decided in Canadian and Australian courts that cite Johnson v. M'Intosh to establish that the natives don't have an absolute right to their land. To his somewhat credit, towards the end of his life Justice Marshall realized what he had unleashed and started laying the ground for its removal in Worcester v.

Georgia , a case that stemmed from Georgia's desire to seize the Creek and Cherokee lands within its borders. His death, and the eventually appointment of nine Supreme Court justices by Andrew Jackson, reversed his reversal handily and left essentially nothing of Worcester intact. It's quite good and extensively footnoted--over half the book is footnotes, a bibliography, and the full text of the manuscript that the Illinois and Wabash Company submitted to Congress as part of their unsuccessful bid for the lands they had purchased.

My rating has little to do with how informative I found the book which was very , but more with my experience of reading it. Conquest by Law is relatively dense, at least for someone who isn't a legal scholar or who has a formal legal education. I consider myself more well-educated than average, but the only formal legal education I had was on the philosophy of law and I'm certainly not a lawyer.

The beginning of the book, dealing thus with the various legal chicanaries by the Illinois and Wabash Company in order to try to get a case to the Supreme Court--spanning 40 years and involving plenty of bribery, court-packing, and fraud--was somewhat difficult to follow. If you're expecting a definition of in fee simple or seisin or obiter dicta , then I can only say that it's a good thing we have the internet.

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Scholars of the law would probably get a lot more out of this book than I did. It's quite comprehensive and a very valuable source, but the layman looking for a an overview of why America screwed the natives so much and so thoroughly should probably look elsewhere. Nov 09, Margo Brooks rated it really liked it. This short account of the context, history and consequences of the discovery doctrine, as conceived by Supreme Court Justice John Marshall in Johnson v.

M'Intosh presents a balanced discussion of early politics, legislative, and legal history in an easy to follow way.

He spends half the book discussing the context and legal history of the case itself and discusses in depth colonial and post colonial land speculation. This is aided by his fortuitous discovery of the complete records of the Unite This short account of the context, history and consequences of the discovery doctrine, as conceived by Supreme Court Justice John Marshall in Johnson v.

This is aided by his fortuitous discovery of the complete records of the United Illinois and Wabash Land Companies, giving him a unique perspective on the fraud the company tried for over 40 years to legalize and the unintended consequences that sprung from Marshall's decision. Robertson recounts how many of our country's founding leaders embroiled themselves in the controversy--either for or against illegal land claims--and how the context of states rights, Revolutionary War compensation, and the perpetuation of the union lead to the misguided decision and its perpetuation both in the United States and in other former British colonies.

A very well written account of a complex subject. Jan 27, Claire rated it it was amazing.

Incredible,eye-opening book for legal history nerds, particularly of the Aboriginal law persuasion. Explains the fraud behind the Johnson v M'Intosh case, and how a decision that a judge later regretted writing, became the foundation for the legal dispossession of indigenous peoples lands throughout the U.

Conquest by Law - Paperback - Lindsay G. Robertson - Oxford University Press

The stories behind cases can be so much more interesting and informative than the cases themselves John Marshall's landmark 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 , 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 Illinois and Wabash Land Companies: Purchases and Petitions 2. Before the Court 4. Robertson takes us behind the litigation of the landmark case of Johnson v. M'Intosh , laying bare the process: Robertson's rich case study brilliantly illustrates how social, economic, and legal concerns all came together in this critical decision.

Robertson's study is based on rediscovered historical records that clearly reveal how greed for land and power instigated the Trail of Tears and similar tragedies. M'Intosh , a Supreme Court decision used and abused by generations of lawyers and judges.