Major questions have always existed concerning the role and status of Indian tribes and Indian peoples within the fabric of life in the United States. There is a relatively consistent body of law whose origins flow from precolonial America to the present day. This body of law is neither well-known nor well-understood by the American Public. Federal Indian law - or, more accurately, United States constitutional law concerning Indian tribes and individuals - is unique and separate from the rest of American jurisprudence. Analogies to general constitutional law, civil right law, public land law, and the like are misleading and often erroneous. Indian law is distinct. It encompassed Western European international law, specific provisions of the United States Constitution, precolonial treaties, treaties of the United States, an entire volume of the United States Code, and numerous decisions of the United States Supreme Court and lower federal courts.
Of all the interactions between American Indians and Euro-Americans, none was as fundamental as the acquisition of the indigenous peoples’ lands. To Euro-Americans this takeover of lands was seen as a natural right, an evolution to a higher use; to American Indians the loss of homelands was a tragedy involving also a loss of subsistence, a loss of history, and a loss of identity. Historical geographer David J. Wishart tells the story of the dispossession process as it affected the Nebraska Indians—Otoe-Missouria, Ponca, Omaha, and Pawnee—over the course of the nineteenth century. Working from primary documents, and including American Indian voices, Wishart analyzes the spatial and ecological repercussions of dispossession. Maps give the spatial context of dispossession, showing how Indian societies were restricted to ever smaller territories where American policies of social control were applied with increasing intensity. Graphs of population loss serve as reference lines for the narrative, charting the declining standards of living over the century of dispossession. Care is taken to support conclusions with empirical evidence, including, for example, specific details of how much the Indians were paid for their lands. The story is told in a language that is free from jargon and is accessible to a general audience.
"Jolynn Amrine Goertz and the Confederated Tribes of the Chehalis Reservation examine the methodologies, shortcomings, and limitations of anthropologists' relationship with Chehalis people in Western Washington and present complementary approaches to field work and its contextualization."--Provided by publisher.
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.