Preface
1: The Illinois and Wabash Land Companies: Purchases and
Petitions
2: Harper
3: Before the Court
4: Virginia, Kentucky, and the Complex Politics of Early Republican
Federalism
5: The Opinion
6: Legacies
Afterword
Appendix 1 -- The 1810 Memorial
Appendix 2 -- The Agreed Statement of Facts and Federal Objections
to the Claims
Notes
Bibliography
Index
Lindsay G. Robertson is Orpha & Maurice Merrill Professor of Law, History & Native American Studies at the University of Oklahoma College of Law. A frequent commentator on indigenous legal affairs, Robertson has served as Faculty Director of the Center for the Study of American Indian Law & Policy since 1998. He teaches courses on Federal Indian Law and Constitutional Law.
"Robertson's painstaking research jumps off the pages of this
excellent book that preserves the truth of the "discovery
doctrine."--The Oklahoman
"A meticulously researched analysis of the political rivalries and
personal greed surrounding a landmark Supreme Court decision that
set the stage for the judicial conquest of Native America....
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."--Booklist
"At last a comprehensive examination of the circumstances
surrounding Johnson v. 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
180 years."--Vine Deloria, Jr., Professor Emeritus of History,
University of Colorado, Boulder
"Conquest by Law is an important contribution to the study of the
extension of European ideas and governance to other parts of the
world, and the work sheds considerable light on indigenous land
policies in the United States."--Law and Politics Book Review
"Lindsay Robertson's Conquest by Law opens exciting new vistas on
American politics and law in the republic's formative 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.S. and beyond. 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."--Peter Onuf, author of Jefferson's
Empire
"Lindsay Robertson's outstanding book pulls off the frail cover of
the articulated court reasoning in Johnson v. M'Intosh 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." --Chad Smith, Principal Chief, Cherokee
Nation
"This is an exceptional work that breaks new ground and contributes
to our understanding not only of a specific case, but of the role
of the Supreme Court in the American Republic. An important
contribution to both the study of law and the history of the
West."--Rennard Strickland, Philip H. 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."--Bradford W. Morse, Professor of Law, University of Ottawa
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