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Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
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 American peoples suffer from health, educational, infrastructure, and social deficiencies of the sort that most Americans who live outside tribal lands are wholly unaware of and would not tolerate. Indians are the poorest people in the United States, and their reservations are appallingly poverty-stricken; not surprisingly, they suffer from the numerous social pathologies that invariably accompany such economic conditions. Historically, most tribal communities were prosperous, composed of healthy, vibrant societies sustained over hundreds and in some instances perhaps even thousands of years. By creating sustainable economic development on reservations, however, gradual long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation “Capitalism” relates the true history, describes present-day circumstances, and sketches the potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property-rights regimes in what is now the United States and explains how the vast majority of Native lands and natural resource assets were lost. Robert J. Miller focuses on strategies for establishing public and private economic activities on reservations and for creating economies in which reservation inhabitants can be employed, live, and have access to the necessities of life, circumstances ultimately promoting complete tribal self-sufficiency.
"An analysis of how religious bias shaped U.S. federal Indian law."--
Looks at the underdevelopment of the private sector on American Indian reservations, with the goal of sustaining and growing Native nation communities.
FINALIST FOR THE 2019 NATIONAL BOOK AWARD LONGLISTED FOR THE 2020 ANDREW CARNEGIE MEDAL FOR EXCELLENCE A NEW YORK TIMES BESTSELLER Named a best book of 2019 by The New York Times, TIME, The Washington Post, NPR, Hudson Booksellers, The New York Public Library, The Dallas Morning News, and Library Journal. "Chapter after chapter, it's like one shattered myth after another." - NPR "An informed, moving and kaleidoscopic portrait... Treuer's powerful book suggests the need for soul-searching about the meanings of American history and the stories we tell ourselves about this nation's past.." - New York Times Book Review, front page A sweeping history—and counter-narrative—of Native American life from the Wounded Knee massacre to the present. The received idea of Native American history—as promulgated by books like Dee Brown's mega-bestselling 1970 Bury My Heart at Wounded Knee—has been that American Indian history essentially ended with the 1890 massacre at Wounded Knee. Not only did one hundred fifty Sioux die at the hands of the U. S. Cavalry, the sense was, but Native civilization did as well. Growing up Ojibwe on a reservation in Minnesota, training as an anthropologist, and researching Native life past and present for his nonfiction and novels, David Treuer has uncovered a different narrative. Because they did not disappear—and not despite but rather because of their intense struggles to preserve their language, their traditions, their families, and their very existence—the story of American Indians since the end of the nineteenth century to the present is one of unprecedented resourcefulness and reinvention. In The Heartbeat of Wounded Knee, Treuer melds history with reportage and memoir. Tracing the tribes' distinctive cultures from first contact, he explores how the depredations of each era spawned new modes of survival. The devastating seizures of land gave rise to increasingly sophisticated legal and political maneuvering that put the lie to the myth that Indians don't know or care about property. The forced assimilation of their children at government-run boarding schools incubated a unifying Native identity. Conscription in the US military and the pull of urban life brought Indians into the mainstream and modern times, even as it steered the emerging shape of self-rule and spawned a new generation of resistance. The Heartbeat of Wounded Knee is the essential, intimate story of a resilient people in a transformative era.
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 “fascinating” #1 New York Times bestseller that awakened the world to the destruction of American Indians in the nineteenth-century West (The Wall Street Journal). First published in 1970, Bury My Heart at Wounded Knee generated shockwaves with its frank and heartbreaking depiction of the systematic annihilation of American Indian tribes across the western frontier. In this nonfiction account, Dee Brown focuses on the betrayals, battles, and massacres suffered by American Indians between 1860 and 1890. He tells of the many tribes and their renowned chiefs—from Geronimo to Red Cloud, Sitting Bull to Crazy Horse—who struggled to combat the destruction of their people and culture. Forcefully written and meticulously researched, Bury My Heart at Wounded Knee inspired a generation to take a second look at how the West was won. This ebook features an illustrated biography of Dee Brown including rare photos from the author’s personal collection.