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It is not granted to every historian to discover a trunkful of old documents up in an attic somewhere. The fact that the Illinois-Wabash papers, which fortuitously fell into the capable hands of this particular historian, were located in a basement instead, hardly alters the aura surrounding this discovery, nor does it affect the drama of the issues involved. In sifting through the evidence brought to light by this remarkable find, Lindsay G. Robertson has provided more than a mere tale of "olde...
This is a very good, very informative but admittedly also a somewhat specialized read. As an archivist and librarian I wish the author had provided some background on the discovery of the records of the Illinois and Wabash Land Companies and what that experience was like. Sadly, it wasn’t always clear in the text when the newly found records were being employed. That said the fact that the original sources were available to generate a new way of looking at a familiar case is a fine example of th...
Robertson breaths new life into the case of Johnson v. M'Intosh - already a notorious case that is taught in every single law school - by revealing new information about its procedural history that highlights the extent of the fraud and collusion that took place in order to get the case in front of the Supreme Court; the background to the case also provides an insight into the corruption and fraud that land speculators in the late 18th - early 19th century perpetrated.
This book is a compliment to the work closure by Gary fields. The author Lindsay G. Robertson focuses on the case of Johnson vs M'Intosh and the history of the decision that Supreme court justice Marshal divergent had an impact on history.
Further subtitled: "Justice Marshall was a huge dick."This book is primarily about Johnson v. M'Intosh, a case which mostly decided that private citizens did not have the right to purchase land from the Native American tribes, and that instead only the federal government held that right. Due to Justice Marshall wanting to set up a precedent for an entirely different case, however, he wrote in a few passages about how the Native Americans didn't hold an absolute right to their traditional lands,
This short account of the context, history and consequences of the discovery doctrine, as conceived by Supreme Court Justice John Marshall in Johnson v. M'Intosh presents a balanced discussion of early politics, legislative, and legal history in an easy to follow way. He spends half the book discussing the context and legal history of the case itself and discusses in depth colonial and post colonial land speculation. This is aided by his fortuitous discovery of the complete records of the Unit
Incredible,eye-opening book for legal history nerds, particularly of the Aboriginal law persuasion. Explains the fraud behind the Johnson v M'Intosh case, and how a decision that a judge later regretted writing, became the foundation for the legal dispossession of indigenous peoples lands throughout the U.S., and subsequently, Canada. The stories behind cases can be so much more interesting and informative than the cases themselves...
This is an excellent book about Johnson v. M'Intosh, the legal case that concluded that all land in what's now the USA belonged to the discovering Europeans. Includes great archival research and analysis of the immediate aftermath of the case.