Conquest by Law

How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Author: Lindsay G. Robertson

Publisher: Oxford University Press

ISBN: 9780198033943

Category: History

Page: 272

View: 8980

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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.
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Forced Federalism

Contemporary Challenges to Indigenous Nationhood

Author: Jeff Corntassel,Richard C. Witmer

Publisher: University of Oklahoma Press

ISBN: 9780806139067

Category: History

Page: 251

View: 3462

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Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.
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Nation to Nation

Treaties Between the United States and American Indian Nations

Author: Suzan Shown Harjo

Publisher: Smithsonian Institution

ISBN: 1588344797

Category: Social Science

Page: 272

View: 7032

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Nation to Nation: Treaties Between the United States and American Indians explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
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A Passion for the True and Just

Felix and Lucy Kramer Cohen and the Indian New Deal

Author: Alice Kehoe

Publisher: University of Arizona Press

ISBN: 0816530939

Category: Social Science

Page: 249

View: 5634

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A Passion for the True and Just reveals the moral underpinnings of Felix and Lucy Kramer Cohen and their important contribution to the Indian New Deal. Alice Beck Kehoe illuminates Felix Cohen's uncompromising commitment to the “true and the just,” rooted in his Jewish intellectual and moral heritage, and Social Democrat principles, that changed American legal philosophy.
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Empire by Treaty

Negotiating European Expansion, 1600-1900

Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 5137

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Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.
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Justice among Nations

Author: Stephen C. Neff

Publisher: Harvard University Press

ISBN: 0674726545

Category: Law

Page: 640

View: 9033

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Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
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Crooked Paths to Allotment

The Fight over Federal Indian Policy after the Civil War

Author: C. Joseph Genetin-Pilawa

Publisher: UNC Press Books

ISBN: 0807837415

Category: History

Page: 248

View: 8728

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Standard narratives of Native American history view the nineteenth century in terms of steadily declining Indigenous sovereignty, from removal of southeastern tribes to the 1887 General Allotment Act. In Crooked Paths to Allotment, C. Joseph Genetin-Pilawa complicates these narratives, focusing on political moments when viable alternatives to federal assimilation policies arose. In these moments, Native American reformers and their white allies challenged coercive practices and offered visions for policies that might have allowed Indigenous nations to adapt at their own pace and on their own terms. Examining the contests over Indian policy from Reconstruction through the Gilded Age, Genetin-Pilawa reveals the contingent state of American settler colonialism. Genetin-Pilawa focuses on reformers and activists, including Tonawanda Seneca Ely S. Parker and Council Fire editor Thomas A. Bland, whose contributions to Indian policy debates have heretofore been underappreciated. He reveals how these men and their allies opposed such policies as forced land allotment, the elimination of traditional cultural practices, mandatory boarding school education for Indian youth, and compulsory participation in the market economy. Although the mainstream supporters of assimilation successfully repressed these efforts, the ideas and policy frameworks they espoused established a tradition of dissent against disruptive colonial governance.
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Ethnic Cleansing and the Indian

The Crime That Should Haunt America

Author: Gary Clayton Anderson

Publisher: University of Oklahoma Press

ISBN: 0806145080

Category: History

Page: 472

View: 4707

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Mention “ethnic cleansing” and most Americans are likely to think of “sectarian” or “tribal” conflict in some far-off locale plagued by unstable or corrupt government. According to historian Gary Clayton Anderson, however, the United States has its own legacy of ethnic cleansing, and it involves American Indians. In Ethnic Cleansing and the Indian, Anderson uses ethnic cleansing as an analytical tool to challenge the alluring idea that Anglo-American colonialism in the New World constituted genocide. Beginning with the era of European conquest, Anderson employs definitions of ethnic cleansing developed by the United Nations and the International Criminal Court to reassess key moments in the Anglo-American dispossession of American Indians. Euro-Americans’ extensive use of violence against Native peoples is well documented. Yet Anderson argues that the inevitable goal of colonialism and U.S. Indian policy was not to exterminate a population, but to obtain land and resources from the Native peoples recognized as having legitimate possession. The clashes between Indians, settlers, and colonial and U.S. governments, and subsequent dispossession and forcible migration of Natives, fit the modern definition of ethnic cleansing. To support the case for ethnic cleansing over genocide, Anderson begins with English conquerors’ desire to push Native peoples to the margin of settlement, a violent project restrained by the Enlightenment belief that all humans possess a “natural right” to life. Ethnic cleansing comes into greater analytical focus as Anderson engages every major period of British and U.S. Indian policy, especially armed conflict on the American frontier where government soldiers and citizen militias alike committed acts that would be considered war crimes today. Drawing on a lifetime of research and thought about U.S.-Indian relations, Anderson analyzes the Jacksonian “Removal” policy, the gold rush in California, the dispossession of Oregon Natives, boarding schools and other “benevolent” forms of ethnic cleansing, and land allotment. Although not amounting to genocide, ethnic cleansing nevertheless encompassed a host of actions that would be deemed criminal today, all of which had long-lasting consequences for Native peoples.
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Why You Can't Teach United States History without American Indians

Author: Susan Sleeper-Smith,Juliana Barr,Jean M. O'Brien,Nancy Shoemaker

Publisher: UNC Press Books

ISBN: 1469621215

Category: History

Page: 352

View: 2702

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A resource for all who teach and study history, this book illuminates the unmistakable centrality of American Indian history to the full sweep of American history. The nineteen essays gathered in this collaboratively produced volume, written by leading scholars in the field of Native American history, reflect the newest directions of the field and are organized to follow the chronological arc of the standard American history survey. Contributors reassess major events, themes, groups of historical actors, and approaches--social, cultural, military, and political--consistently demonstrating how Native American people, and questions of Native American sovereignty, have animated all the ways we consider the nation's past. The uniqueness of Indigenous history, as interwoven more fully in the American story, will challenge students to think in new ways about larger themes in U.S. history, such as settlement and colonization, economic and political power, citizenship and movements for equality, and the fundamental question of what it means to be an American. Contributors are Chris Andersen, Juliana Barr, David R. M. Beck, Jacob Betz, Paul T. Conrad, Mikal Brotnov Eckstrom, Margaret D. Jacobs, Adam Jortner, Rosalyn R. LaPier, John J. Laukaitis, K. Tsianina Lomawaima, Robert J. Miller, Mindy J. Morgan, Andrew Needham, Jean M. O'Brien, Jeffrey Ostler, Sarah M. S. Pearsall, James D. Rice, Phillip H. Round, Susan Sleeper-Smith, and Scott Manning Stevens.
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The Gods of Prophetstown

The Battle of Tippecanoe and the Holy War for the American Frontier

Author: Adam Jortner

Publisher: Oxford University Press

ISBN: 019991270X

Category: History

Page: 320

View: 3126

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It began with an eclipse. In 1806, the Shawnee leader Tenskwatawa ("The Open Door") declared himself to be in direct contact with the Master of Life, and therefore, the supreme religious authority for all Native Americans. Those who disbelieved him, he warned, "would see darkness come over the sun." William Henry Harrison, governor of the Indiana Territory and future American president, scoffed at Tenskwatawa. If he was truly a prophet, Harrison taunted, let him perform a miracle. And Tenskwatawa did just that, making the sun go dark at midday. In The Gods of Prophetstown, Adam Jortner provides a gripping account of the conflict between Tenskwatawa and Harrison, who finally collided in 1811 at a place called Tippecanoe. Though largely forgotten today, their rivalry determined the future of westward expansion and shaped the War of 1812. Jortner weaves together dual biographies of the opposing leaders. In the five years between the eclipse and the battle, Tenskwatawa used his spiritual leadership to forge a political pseudo-state with his brother Tecumseh. Harrison, meanwhile, built a power base in Indiana, rigging elections and maneuvering for higher position. Rejecting received wisdom, Jortner sees nothing as preordained-Native Americans were not inexorably falling toward dispossession and destruction. Deeply rooting his account in a generation of scholarship that has revolutionized Indian history, Jortner places the religious dimension of the struggle at the fore, recreating the spiritual landscapes trod by each side. The climactic battle, he writes, was as much a clash of gods as of men. Written with profound insight and narrative verve, The Gods of Prophetstown recaptures a forgotten turning point in American history in time for the 200th anniversary of the Battle of Tippecanoe.
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