Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights

Published on September 16, 2013 by Carol

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Buying America from the Indians: Johnson v. McIntosh and
the History of Native Land Rights

Book title: Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights

dna testing, dna ancestry testing, ancestry, genealogy, indian genealogy records, paternity testing, turquoise jewelry, native american jewelry

Author: Blake A. Watson

Book Description:
The U.S. Supreme Court ruling in Johnson v. McIntosh established the basic principles that govern American Indian property rights to this day. In the case, more than one Anglo-American purchaser claimed title to the same land in what is now southern Illinois. The Piankeshaw Indians had deeded the land twice—once to speculators in 1775, and again, thirty years later, to the United States by treaty. The Court decided in favor of William McIntosh, who had bought the land from the U.S. government. Writing for the majority, Chief Justice John Marshall declared that the “discovery” of America had given “exclusive title to those who made it”—namely, the European colonizers. According to Johnson, the Piankeshaws did not own what they thought was their land. Indeed, no Indian tribe did.

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.

The final chapters highlight the historical legacy of Johnson v. McIntosh on federal policy with regard to Indian lands. Taught to first-year law students as the root of title for real property in the United States, the case has also been condemned by the United Nations and others as a Eurocentric justification for the subjugation of the Indians. Watson argues that the United States should formally repudiate the discovery doctrine set forth in Johnson v. McIntosh.

The thorough backstory and analysis in this book will deepen our understanding of one of the most important cases in both federal Indian law and in American property law.

Source: Amazon

NativeAmericanEncyclopedia.com Unabridged
Based on the collective work of NativeAmericanEncyclopedia.com, © 2014 Native American Encyclopedia.
Cite This Source | Link To Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights
Add these citations to your bibliography. Select the text below and then copy and paste it into your document.

American Psychological Association (APA):

Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights NativeAmericanEncyclopedia.com Unabridged. Retrieved September 30, 2014, from NativeAmericanEncyclopedia.com website: http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/

Chicago Manual Style (CMS):

Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights NativeAmericanEncyclopedia.com. NativeAmericanEncyclopedia.com Unabridged. Native American Encyclopedia http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/ (accessed: September 30, 2014).

Modern Language Association (MLA):

"Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights" NativeAmericanEncyclopedia.com Unabridged. Native American Encyclopedia 30 Sep. 2014. <NativeAmericanEncyclopedia.com http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/>.

Institute of Electrical and Electronics Engineers (IEEE):

NativeAmericanEncyclopedia.com, "Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights" in NativeAmericanEncyclopedia.com Unabridged. Source location: Native American Encyclopedia http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/. Available: http://nativeamericanencyclopedia.com. Accessed: September 30, 2014.

BibTeX Bibliography Style (BibTeX)

@ article {NativeAmericanEncyclopedia.com2014,
    title = {NativeAmericanEncyclopedia.com Unabridged},
    month = Sep,
    day = 30,
    year = 2014,
    url = {http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/},
}
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Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights

Published on August 28, 2013 by Carol

Love this article and want to save it to read again later? Add it to your favourites! To find all your favourite posts, check out My Favourites on the menu bar.


Buying America from the Indians: Johnson v. McIntosh
and the History of Native Land Rights

Book title: Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights

dna testing, dna ancestry testing, ancestry, genealogy, indian genealogy records, paternity testing, turquoise jewelry, native american jewelry

Author: Blake A. Watson

Book Description:
The U.S. Supreme Court ruling in Johnson v. McIntosh established the basic principles that govern American Indian property rights to this day. In the case, more than one Anglo-American purchaser claimed title to the same land in what is now southern Illinois. The Piankeshaw Indians had deeded the land twice—once to speculators in 1775, and again, thirty years later, to the United States by treaty. The Court decided in favor of William McIntosh, who had bought the land from the U.S. government. Writing for the majority, Chief Justice John Marshall declared that the “discovery” of America had given “exclusive title to those who made it”—namely, the European colonizers. According to Johnson, the Piankeshaws did not own what they thought was their land. Indeed, no Indian tribe did.

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.

The final chapters highlight the historical legacy of Johnson v. McIntosh on federal policy with regard to Indian lands. Taught to first-year law students as the root of title for real property in the United States, the case has also been condemned by the United Nations and others as a Eurocentric justification for the subjugation of the Indians. Watson argues that the United States should formally repudiate the discovery doctrine set forth in Johnson v. McIntosh.

The thorough backstory and analysis in this book will deepen our understanding of one of the most important cases in both federal Indian law and in American property law.

Source: Amazon

NativeAmericanEncyclopedia.com Unabridged
Based on the collective work of NativeAmericanEncyclopedia.com, © 2014 Native American Encyclopedia.
Cite This Source | Link To Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights
Add these citations to your bibliography. Select the text below and then copy and paste it into your document.

American Psychological Association (APA):

Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights NativeAmericanEncyclopedia.com Unabridged. Retrieved September 30, 2014, from NativeAmericanEncyclopedia.com website: http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/

Chicago Manual Style (CMS):

Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights NativeAmericanEncyclopedia.com. NativeAmericanEncyclopedia.com Unabridged. Native American Encyclopedia http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/ (accessed: September 30, 2014).

Modern Language Association (MLA):

"Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights" NativeAmericanEncyclopedia.com Unabridged. Native American Encyclopedia 30 Sep. 2014. <NativeAmericanEncyclopedia.com http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/>.

Institute of Electrical and Electronics Engineers (IEEE):

NativeAmericanEncyclopedia.com, "Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights" in NativeAmericanEncyclopedia.com Unabridged. Source location: Native American Encyclopedia http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/. Available: http://nativeamericanencyclopedia.com. Accessed: September 30, 2014.

BibTeX Bibliography Style (BibTeX)

@ article {NativeAmericanEncyclopedia.com2014,
    title = {NativeAmericanEncyclopedia.com Unabridged},
    month = Sep,
    day = 30,
    year = 2014,
    url = {http://nativeamericanencyclopedia.com/buying-america-from-the-indians-johnson-mcintosh-and-the-history-native-land-rights/},
}
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