Buying America from the Indians : Johnson v. McIntosh and the history of native land rights / Blake A. Watson.

Format:

Book

Author/Creator:

Watson, Blake A., 1956-

Language:

English

Subjects (All):

Johnson, Joshua, active 1819--Trials, litigation, etc.

Johnson, Joshua.

M'Intosh, William--Trials, litigation, etc.

M'Intosh, William.

Johnson, Joshua, active 1819.

Indian title--United States--History--19th century.

Indian title.

Indian land transfers--Illinois--History--19th century.

Indian land transfers.

Vendors and purchasers--United States--History--19th century.

Vendors and purchasers.

History.

United States.

Illinois.

Physical Description:

xvi, 494 pages : illustrations ; 25 cm

Place of Publication:

Norman : University of Oklahoma Press, 2012.

Summary:

The 1823 Supreme Court case Johnson v. McIntosh involved a dispute over the legitimacy of the Piankeshaw Indians deeding portions of their land and led to the decision, written by Justice Marshall, that upon discovery of America, Indians no longer enjoyed the "power to dispose of the soil at their own will, to whomsoever they pleased." With the case variously described as "the root of title for most real property in the United States" and a mere extraconstitutional rationalization of "the subjugation of the Indian nations," Watson (law, U. of Dayton) explores the impact of Johnson v. McIntosh on Indian land rights through an examination of the case's historical context. He therefore discusses divergent views of Native land rights; geopolitical disputes between the French, British, Indians, and colonies over the future of the Ohio Valley; the existence and impact of other pre-Revolutionary speculative ventures besides the one represented by McIntosh; the rivalry between Virginia and Pennsylvania over western lands; the role of McIntosh and his allied speculators in the ratification of the Articles of Confederation; the cession of Virginia's charter claims in the Ohio Valley; the federal government's evolving policy regarding Indian lands; the motivations of the Indians in selling their lands; the impact on relationships with other tribes; and the eventual fate of the Indians involved. He concludes with an examination of the impact of the case on Native land rights and the future of the doctrine of discovery into the 21st century. Annotation ©2012 Book News, Inc., Portland, OR (booknews.com)

Contents:

February 28, 1823

"The sinne of the pattents"

The Illinois and Piankeshaws

"An unaccountable thirst for large tracts of land?"

The Illinois purchase of 1773

Lord Dunmore, the Wabash purchase of 1775, and revolution

Virginia fights for the Illinois country, 1775-1781

The Illinois and Wabash proprietors unite

Virginia gives up the Illinois country, 1781-1784

Conquest, purchase, and preemption

A time of transition

Cession, resistance, and removal

The shareholders regroup

Litigation

Argument and decision in Johnson v. McIntosh

Closure and continuity

The legacy of Johnson v. McIntosh

The critical response to the doctrine of discovery.

Notes:

Includes bibliographical references (pages 429-469) and index.

ISBN:

9780806142449

0806142448

OCLC:

759907998