Indian Land Transactions


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How the Indians Lost Their Land


Book Description

Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.







Buying America from the Indians


Book Description

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.




Indian Affairs


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Properties of Empire


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A fascinating history of a contested frontier, where struggles over landownership brought Native Americans and English colonists together Properties of Empire shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields. Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today.







Homesteading the Plains


Book Description

"Homesteading the Plains offers a bold new look at the history of homesteading, overturning what for decades has been the orthodox scholarly view. The authors begin by noting the striking disparity between the public's perception of homesteading as a cherished part of our national narrative and most scholars' harshly negative and dismissive treatment. Homesteading the Plains reexamines old data and draws from newly available digitized records to reassess the current interpretation's four principal tenets: homesteading was a minor factor in farm formation, with most Western farmers purchasing their land; most homesteaders failed to prove up their claims; the homesteading process was rife with corruption and fraud; and homesteading caused Indian land dispossession. Using data instead of anecdotes and focusing mainly on the nineteenth century, Homesteading the Plainsdemonstrates that the first three tenets are wrong and the fourth only partially true. In short, the public's perception of homesteading is perhaps more accurate than the one scholars have constructed. Homesteading the Plainsprovides the basis for an understanding of homesteading that is startlingly different from current scholarly orthodoxy. "--




Taking Indian Lands


Book Description

Examines the Cherokee Commission of 1889 and the U.S. strategies to negotiate the purchase of Indian land thus opening it up to white settlers.