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Buying America From The Indians

Author: Blake A. Watson
Publisher:
ISBN: 9780806142449
Size: 43.33 MB
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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.

Gambling And Survival In Native North America

Author: Paul Pasquaretta
Publisher: University of Arizona Press
ISBN: 9780816522897
Size: 58.19 MB
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"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.

Conquest By Law

Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 0199881995
Size: 70.25 MB
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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.

American Indians And The Fight For Equal Voting Rights

Author: Laughlin McDonald
Publisher: University of Oklahoma Press
ISBN: 0806186003
Size: 50.52 MB
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The struggle for voting rights was not limited to African Americans in the South. American Indians also faced discrimination at the polls and still do today. This book explores their fight for equal voting rights and carefully documents how non-Indian officials have tried to maintain dominance over Native peoples despite the rights they are guaranteed as American citizens. Laughlin McDonald has participated in numerous lawsuits brought on behalf of Native Americans in Montana, Colorado, Nebraska, South Dakota, and Wyoming. This litigation challenged discriminatory election practices such as at-large elections, redistricting plans crafted to dilute voting strength, unfounded allegations of election fraud on reservations, burdensome identification and registration requirements, lack of language assistance, and noncompliance with the Voting Rights Act. McDonald devotes special attention to the VRA and its amendments, whose protections are central to realizing the goal of equal political participation. McDonald describes past and present-day discrimination against Indians, including land seizures, destruction of bison herds, attempts to eradicate Native language and culture, and efforts to remove and in some cases even exterminate tribes. Because of such treatment, he argues, Indians suffer a severely depressed socioeconomic status, voting is sharply polarized along racial lines, and tribes are isolated and lack meaningful interaction with non-Indians in communities bordering reservations. Far more than a record of litigation, American Indians and the Fight for Equal Voting Rights paints a broad picture of Indian political participation by incorporating expert reports, legislative histories, newspaper accounts, government archives, and hundreds of interviews with tribal members. This in-depth study of Indian voting rights recounts the extraordinary progress American Indians have made and looks toward a more just future.

Discovering Indigenous Lands

Author: Robert J. Miller
Publisher: OUP Oxford
ISBN: 0191627631
Size: 33.85 MB
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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.

Native America Discovered And Conquered

Author: Robert J. Miller
Publisher: Greenwood Publishing Group
ISBN: 9780275990114
Size: 49.73 MB
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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.

How The Indians Lost Their Land

Author: Stuart BANNER
Publisher: Harvard University Press
ISBN: 0674020537
Size: 26.22 MB
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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.

Rising Up From Indian Country

Author: Ann Durkin Keating
Publisher: University of Chicago Press
ISBN: 0226428966
Size: 41.70 MB
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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.

American Indians And The Law

Author: N. Bruce Duthu
Publisher: Penguin
ISBN: 1101157917
Size: 23.25 MB
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A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Exiled In The Land Of The Free

Author: Oren Lyons
Publisher: Santa Fe, N.M. : Clear Light Publishers
ISBN: 9780940666504
Size: 36.86 MB
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It is little known that the Revolutionary War and the writing of the United States Constitution and Bill of Rights were strongly influenced by Native American traditions. European philosophers of the Enlightenment such as Jean Jacques Rousseau had begun pressing for democratic reforms in Europe on the basis of glowing reports by early settlers about the New World and its native inhabitants. The founding fathers of the United States, in turn, were inspired to fight for independence and to create the great American documents of freedom through contact with Native American statesmen and exposure to American Indian societies based on individual freedom, representative government and the democratic union of tribes. Yet American Indians have never been acknowledged for their many contributions to the founding of the United States of America, and they have never been permitted to fully share the benefits of the freedoms they helped establish. Exiled in the Land of the Free is a dramatic recounting of early American history and an eloquent call for reform that will not be ignored. Written by eight prominent Native American leaders and scholars, each a specialist in his area of expertise, Exiled in the Land of the Free: Democracy, Indian Nations and the U. S. Constitution is a landmark volume, sure to be read by generations to come. An aspect of American history that has been ignored and denied for centuries is the extent to which we are indebted to Native Americans for the principles and practices on which our democratic institutions are based. This is the first work to recognize that legacy and trace our model of participatory democracy to its Native American roots. This book, which was written into the Congressional Record, has major implications for future relations between Indian tribes and the governments of the United States and other nations. It presents the strongest case ever made for Native American sovereignty. American history has finally been written--not from the European point of view--but from an Indian perspective. Exiled in the Land of the Free has been adopted for courses in twelve universities, to date.