Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Johnson V. McIntosh and the History of Native Land Rights
Author: Blake A. Watson
"The Pequots have found success at their southeastern Connecticut casino in spite of the odds. But in considering their story, Paul Pasquaretta shifts the focus from casinos to the political struggles that have marked the long history of indigenous-colonial relations.
Author: Paul Pasquaretta
Publisher: University of Arizona Press
Category: Social Science
In the past 30 years there has been a dramatic change in architecture by and for American Indians. How does this reflect the revival and invention of dance, music, and other performance, and the remarkable burst of creativity in Native American novels and poetry? This book examines the historic and legal background of this movement of cultural regeneration through the medium of architecture, as well as reponses of Native Americans to ever-changing cultural situations. 136 halftones. 14 linecuts.
Cultural Regeneration and Creativity
Author: Carol Herselle Krinsky
Publisher: Oxford University Press, USA
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.
How the Discovery of America Dispossessed Indigenous Peoples of Their Lands
Author: Lindsay G. Robertson
Publisher: Oxford University Press
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
The Doctrine of Discovery in the English Colonies
Author: Robert J. Miller,Jacinta Ruru,Larissa Behrendt,Tracey Lindberg
Publisher: OUP Oxford
For over three hundred years, the Indian peoples of North America have attracted the interest of diverse segments of German society?missionaries, writers, playwrights, anthropologists, filmmakers, hobbyists and enthusiasts, and even royalty. Today, German scholars continue to be drawn to Indians, as is the German public: tour groups from Germany frequent Plains reservations in the summer, and so-called Indianerclubs, where participants dress up in "authentic" Indian costume, are common. In this fascinating volume, scholars and writers illuminate the longstanding connection between Germans and the Indians. From a range of disciplines and occupations, the contributors probe the historical and cultural roots of the interactions between Germans and Indians and examine how such encounters have been represented in different media over the centuries. Particularly important are reflections and insights by modern Native American writers on this relationship. Of special concern is why such a connection has endured. As the contributors make clear, the encounters between Germans and Indians were also imagined, sometimes as fantasy, sometimes as projection, both resonating deeply with the cultural sensibilities and changing historical circumstances of Germans over the years.
Fantasies, Encounters, Projections
Author: Colin Gordon Calloway,Gerd Gem_nden,Susanne Zantop
Publisher: U of Nebraska Press
In August 1812, under threat from the Potawatomi, Captain Nathan Heald began the evacuation of ninety-four people from the isolated outpost of Fort Dearborn to Fort Wayne, hundreds of miles away. The group included several dozen soldiers, as well as nine women and eighteen children. After traveling only a mile and a half, they were attacked by five hundred Potawatomi warriors. In under an hour, fifty-two members of Heald’s party were killed, and the rest were taken prisoner; the Potawatomi then burned Fort Dearborn before returning to their villages. These events are now seen as a foundational moment in Chicago’s storied past. With Rising up from Indian Country, noted historian Ann Durkin Keating richly recounts the Battle of Fort Dearborn while situating it within the context of several wider histories that span the nearly four decades between the 1795 Treaty of Greenville, in which Native Americans gave up a square mile at the mouth of the Chicago River, and the 1833 Treaty of Chicago, in which the American government and the Potawatomi exchanged five million acres of land west of the Mississippi River for a tract of the same size in northeast Illinois and southeast Wisconsin. In the first book devoted entirely to this crucial period, Keating tells a story not only of military conquest but of the lives of people on all sides of the conflict. She highlights such figures as Jean Baptiste Point de Sable and John Kinzie and demonstrates that early Chicago was a place of cross-cultural reliance among the French, the Americans, and the Native Americans. Published to commemorate the bicentennial of the Battle of Fort Dearborn, this gripping account of the birth of Chicago will become required reading for anyone seeking to understand the city and its complex origins.
The Battle of Fort Dearborn and the Birth of Chicago
Author: Ann Durkin Keating
Publisher: University of Chicago Press
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
Law and Power on the Frontier
Author: Stuart BANNER
Publisher: Harvard University Press
This extraordinary work traces the role of the Discovery Doctrine in Lewis & Clark's expedition (authorized by Thomas Jefferson) to secure the Midwest and the Pacific Northwest for the United States of America, which was vying with European powers and Indian tribes for sovereignty.
Thomas Jefferson, Lewis & Clark, and Manifest Destiny
Author: Robert J. Miller
Publisher: Greenwood Publishing Group
Examines Indian boarding school narratives and their impact on the Native literary tradition from 1879 to the present Indian boarding schools were the lynchpins of a federally sponsored system of forced assimilation. These schools, located off-reservation, took Native children from their families and tribes for years at a time in an effort to “kill” their tribal cultures, languages, and religions. In Learning to Write “Indian,” Amelia V. Katanski investigates the impact of the Indian boarding school experience on the American Indian literary tradition through an examination of turn-of-the-century student essays and autobiographies as well as contemporary plays, novels, and poetry. Many recent books have focused on the Indian boarding school experience. Among these Learning to Write “Indian” is unique in that it looks at writings about the schools as literature, rather than as mere historical evidence.
The Boarding-school Experience and American Indian Literature
Author: Amelia V. Katanski
Publisher: University of Oklahoma Press
For the past 180 years, the inherent power of indigenous tribes to govern themselves has been a central tenet of federal Indian law. Despite the U.S. Supreme Court's repeated confirmation of Native sovereignty since the early 1830s, it has, in the past half-century, incrementally curtailed the power of tribes to govern non-Indians on Indian reservations. The result, Dewi Ioan Ball argues, has been a "silent revolution," mounted by particular justices so gradually and quietly that the significance of the Court's rulings has largely evaded public scrutiny. Ball begins his examination of the erosion of tribal sovereignty by reviewing the so-called Marshall trilogy, the three cases that established two fundamental principles: tribal sovereignty and the power of Congress to protect Indian tribes from the encroachment of state law. Neither the Supreme Court nor Congress has remained faithful to these principles, Ball shows. Beginning with Williams v. Lee, a 1959 case that highlighted the tenuous position of Native legal authority over reservation lands and their residents, Ball analyzes multiple key cases, demonstrating how the Supreme Court's decisions weakened the criminal, civil, and taxation authority of tribal nations. During an era when many tribes were strengthening their economies and preserving their cultural identities, the high court was undermining sovereignty. In Atkinson Trading Co. v. Shirley (2001) and Nevada v. Hicks (2001), for example, the Court all but obliterated tribal authority over non-Indians on Native land. By drawing on the private papers of Chief Justice Earl Warren and Justices Harry A. Blackmun, William J. Brennan, Thurgood Marshall, William O. Douglas, Lewis F. Powell Jr., and Hugo L. Black, Ball offers crucial insight into federal Indian law from the perspective of the justices themselves. The Erosion of Tribal Power shines much-needed light on crucial changes to federal Indian law between 1959 and 2001 and discusses how tribes have dealt with the political and economic consequences of the Court's decisions.
The Supreme Court's Silent Revolution
Author: Dewi I. Ball
In The Inconvenient Indian, Thomas King offers a deeply knowing, darkly funny, unabashedly opinionated, and utterly unconventional account of Indian–White relations in North America since initial contact. Ranging freely across the centuries and the Canada–U.S. border, King debunks fabricated stories of Indian savagery and White heroism, takes an oblique look at Indians (and cowboys) in film and popular culture, wrestles with the history of Native American resistance and his own experiences as a Native rights activist, and articulates a profound, revolutionary understanding of the cumulative effects of ever-shifting laws and treaties on Native peoples and lands. Suffused with wit, anger, perception, and wisdom, The Inconvenient Indian is at once an engaging chronicle and a devastating subversion of history, insightfully distilling what it means to be “Indian” in North America. It is a critical and personal meditation that sees Native American history not as a straight line but rather as a circle in which the same absurd, tragic dynamics are played out over and over again. At the heart of the dysfunctional relationship between Indians and Whites, King writes, is land: “The issue has always been land.” With that insight, the history inflicted on the indigenous peoples of North America—broken treaties, forced removals, genocidal violence, and racist stereotypes—sharpens into focus. Both timeless and timely, The Inconvenient Indian ultimately rejects the pessimism and cynicism with which Natives and Whites regard one another to chart a new and just way forward for Indians and non-Indians alike.
A Curious Account of Native People in North America
Author: Thomas King
Publisher: U of Minnesota Press
Category: Social Science
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
The Masking of Justice
Author: David E. Wilkins
Publisher: University of Texas Press
Category: Social Science
It was at Wounded Knee, huddled under a night sky lit by military flares and the searchlights of armored personnel carriers, that Vietnam vet Woody Kipp realized that he, as an American Indian, had become the enemy, the Viet Cong, to a country that he had defended at the risk of his life. With candor, bitter humor, and biting insight, this book tells the story of the long and tortuous trail that led Kipp from the Blackfeet Reservation of his birth to a terrible moment of reckoning on the plains of South Dakota. Kipp?s is a story of Native values and practices uneasily intersected by cowboy culture, teenage angst, and quintessentially American temptations and excesses. ø As a boy, Kipp was a passionate reader and basketball player, always ready to brawl and already struggling with discrimination and alcoholism in his teens. From his tour of duty in Vietnam as a Marine to his troubled return, from his hell-raising as a violent, womanizing, hard-drinking horse breaker to his consciousness-raising experiences as a college student and foot soldier in the American Indian Movement, Kipp?s memoir offers a unique, firsthand view of the enduring power?and the vulnerability?of Blackfeet culture, of the difficulties inherent in cross-cultural understanding, and of the urgent necessity of overcoming these difficulties if the essential heritage of Native America is to survive.
The Trail of a Blackfeet Activist
Author: Woody Kipp
Publisher: U of Nebraska Press
Category: Biography & Autobiography
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
The 10 Worst Indian Law Cases Ever Decided
Author: Walter Echo-Hawk
Publisher: Fulcrum Publishing
This fascinating multivolume set provides a unique resource for learning about early American history, including thematic essays, topical entries, and an invaluable collection of primary source documents. • Provides readers with an easy-to-use collection of primary sources in virtually all areas of early American history • Offers encyclopedic coverage of both specific topics and broader concepts or themes in early American history • Collects a wide range of materials, both primary and tertiary, into a single multivolume resource set • Presents information in a concise, accessible tone and in a format that is easy for students to navigate
Author: James E. Seelye Jr.,Shawn Selby
Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail.
Author: David E. Wilkins
Publisher: Rowman & Littlefield
Category: Political Science
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Canada, Australia, and New Zealand
Author: Louis A. Knafla,Haijo Westra
Publisher: UBC Press
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author: Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher: Oxford University Press