University of Oklahoma Press

New Book by Blake Watson on Johnson v. M’Intosh

Matthew L.M. Fletcher

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

Blake A. Watson has served as an attorney with the U.S. Department of Justice and is now Professor of Law at the University of Dayton.

The backstory on the court decision that defined and limited American Indian property rights

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.

Blake A. Watson’s examination of 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 for 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.

New Book: American Indians and the Mass Media

Kate Fort

From the University of Oklahoma Press, edited by Meta G. Carstarphen and John P. Sanchez:

Mention “American Indian,” and the first image that comes to most people’s minds is likely to be a figment of the American mass media: A war-bonneted chief. The Land O’ Lakes maiden. Most American Indians in the twenty-first century live in urban areas, so why do the mass media still rely on Indian imagery stuck in the eighteenth and nineteenth centuries? How can more accurate views of contemporary Indian cultures replace such stereotypes? These and similar questions ground the essays collected in American Indians and the Mass Media, which explores Native experience and the mainstream media’s impact on American Indian histories, cultures, and communities.

Chronicling milestones in the relationship between Indians and the media, some of the chapters employ a historical perspective, and others focus on contemporary practices and new technologies. All foreground American Indian perspectives missing in other books on mass communication. The historical studies examine treatment of Indians in America’s first newspaper, published in seventeenth-century Boston, and in early Cherokee newspapers; Life magazine’s depictions of Indians, including the famous photograph of Ira Hayes raising the flag at Iwo Jima; and the syndicated feature stories of Elmo Scott Watson. Among the chapters on more contemporary issues, one discusses campaigns to change offensive place-names and sports team mascots, and another looks at recent movies such as Smoke Signals and television programs that are gradually overturning the “movie Indian” stereotypes of the twentieth century.

Particularly valuable are the essays highlighting authentic tribal voices in current and future media. Mark Trahant chronicles the formation of the Native American Journalists Association, perhaps the most important early Indian advocacy organization, which he helped found. As the contributions on new media point out, American Indians with access to a computer can tell their own stories—instantly to millions of people—making social networking and other Internet tools effective means for combating stereotypes.

Including discussion questions for each essay and an extensive bibliography, American Indians and the Mass Media is a unique educational resource.

Laughlin McDonald’s New Book on Voting Rights in Indian Country Now Available

Matthew L.M. Fletcher

Just in my mailbox….

American Indians and the Fight for Equal Voting Rights

By Laughlin McDonald

Recounting Indians’ progress in the voting booth

The struggle for voting rights was not limited to African Americans in the South. American Indians also faced discrimination at the polls and still do today. This book explores their fight for equal voting rights and carefully documents how non-Indian officials have tried to maintain dominance over Native peoples despite the rights they are guaranteed as American citizens.

Laughlin McDonald has participated in numerous lawsuits brought on behalf of Native Americans in Montana, Colorado, Nebraska, South Dakota, and Wyoming. This litigation challenged discriminatory election practices such as at-large elections, redistricting plans crafted to dilute voting strength, unfounded allegations of election fraud on reservations, burdensome identification and registration requirements, lack of language assistance, and noncompliance with the Voting Rights Act. McDonald devotes special attention to the VRA and its amendments, whose protections are central to realizing the goal of equal political participation.

McDonald describes past and present-day discrimination against Indians, including land seizures, destruction of bison herds, attempts to eradicate Native language and culture, and efforts to remove and in some cases even exterminate tribes. Because of such treatment, he argues, Indians suffer a severely depressed socioeconomic status, voting is sharply polarized along racial lines, and tribes are isolated and lack meaningful interaction with non-Indians in communities bordering reservations.

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Felix Cohen’s “On the Drafting of Tribal Constitutions”

Matthew L.M. Fletcher

On the Drafting of Tribal Constitutions

By David E. Wilkins, Felix S. Cohen, Lindsay G. Robertson

A newly discovered document sheds light on Indian self-governance Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen’s papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. Strongly opposed to “sending out canned constitutions from Washington,” he offered ideas for incorporating Indigenous political, social, and cultural knowledge and structure into new tribal constitutions.

On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history. As today’s tribal governments undertake reform, Cohen’s memorandum again offers a wealth of insight on how best to amend previous constitutions. It also helps scholars better understand the historic policy shift brought about by the Indian Reorganization Act.

David E. Wilkins is Professor of American Indian Studies and Adjunct Professor of Political Science, Law, and American Studies at the University of Minnesota, Twin Cities, and coauthor of Uneven Ground: American Indian Sovereignty and Federal Law. Lindsay G. Robertson, Professor of Law at the University of Oklahoma, is the author of Conquest by Law: How the Discovery of America Dispossessed Indigenous People of Their Lands.

University of Oklahoma Press