Download conquest by law how the discovery of america dispossessed indigenous peoples of their lands in pdf or read conquest by law how the discovery of america dispossessed indigenous peoples of their lands in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get conquest by law how the discovery of america dispossessed indigenous peoples of their lands in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Conquest By Law

Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 9780198033943
Size: 35.13 MB
Format: PDF, ePub
View: 4889
Download and Read
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.

The Un Declaration On The Rights Of Indigenous Peoples

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 0199673225
Size: 23.97 MB
Format: PDF
View: 2272
Download and Read
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux preparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Why You Can T Teach United States History Without American Indians

Author: Susan Sleeper-Smith
Publisher: UNC Press Books
ISBN: 1469621215
Size: 62.59 MB
Format: PDF, ePub
View: 5576
Download and Read
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.

Pen And Ink Witchcraft

Author: Colin G. Calloway
Publisher: Oxford University Press
ISBN: 019998686X
Size: 57.58 MB
Format: PDF, ePub, Docs
View: 3474
Download and Read
Indian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated. In Pen and Ink Witchcraft, eminent Native American historian Colin G. Calloway narrates the history of diplomacy between North American Indians and their imperial adversaries, particularly the United States. Treaties were cultural encounters and human dramas, each with its cast of characters and conflicting agendas. Many treaties, he notes, involved not land, but trade, friendship, and the resolution of disputes. Far from all being one-sided, they were negotiated on the Indians' cultural and geographical terrain. When the Mohawks welcomed Dutch traders in the early 1600s, they sealed a treaty of friendship with a wampum belt with parallel rows of purple beads, representing the parties traveling side-by-side, as equals, on the same river. But the American republic increasingly turned treaty-making into a tool of encroachment on Indian territory. Calloway traces this process by focusing on the treaties of Fort Stanwix (1768), New Echota (1835), and Medicine Lodge (1867), in addition to such events as the Peace of Montreal in 1701 and the treaties of Fort Laramie (1851 and 1868). His analysis demonstrates that native leaders were hardly dupes. The records of negotiations, he writes, show that "Indians frequently matched their colonizing counterparts in diplomatic savvy and tried, literally, to hold their ground." Each treaty has its own story, Calloway writes, but together they tell a rich and complicated tale of moments in American history when civilizations collided.

Empire By Treaty

Author: Saliha Belmessous
Publisher: Oxford University Press, USA
ISBN: 0199391785
Size: 13.18 MB
Format: PDF, ePub, Docs
View: 7734
Download and Read
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.

Crooked Paths To Allotment

Author: C. Joseph Genetin-Pilawa
Publisher: UNC Press Books
ISBN: 0807837415
Size: 78.19 MB
Format: PDF, ePub
View: 686
Download and Read
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.

The Gods Of Prophetstown

Author: Adam Jortner
Publisher: Oxford University Press
ISBN: 019991270X
Size: 72.50 MB
Format: PDF, ePub
View: 7709
Download and Read
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.

Encyclopedia Of Race Ethnicity And Society

Author: Richard T. Schaefer
Publisher: SAGE
ISBN: 1412926947
Size: 13.48 MB
Format: PDF, ePub, Mobi
View: 2619
Download and Read
This three volume reference set offers a comprehensive look at the roles race and ethnicity play in society and in our daily lives. General readers, students, and scholars alike will appreciate the informative coverage of intergroup relations in the United States and the comparative examination of race and ethnicity worldwide. These volumes offer a foundation to understanding as well as researching racial and ethnic diversity from a multidisciplinary perspective. Over a hundred racial and ethnic groups are described, with additional thematic essays offering insight into broad topics that cut across group boundaries and which impact on society. The encyclopedia has alphabetically arranged author-signed essays with references to guide further reading. Numerous cross-references aid the reader to explore beyond specific entries, reflecting the interdependent nature of race and ethnicity operating in society. The text is supplemented by photographs, tables, figures and custom-designed maps to provide an engaging visual look at race and ethnicity. An easy-to-use statistical appendix offers the latest data with carefully selected historical comparisons to aid study and research in the area

Forced Federalism

Author: Jeff Corntassel
Publisher: University of Oklahoma Press
ISBN: 9780806139067
Size: 35.80 MB
Format: PDF, ePub
View: 7340
Download and Read
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.