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 (the United ...States, Canada, Australia, and New Zealand). 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 this book's author 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. This book provides a complete and troubling account of the European “discovery” of the Americas, 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.
In a series of rulings beginning in 2005 with City of Sherrill v. Oneida Indian Nation,3 the federal courts have closed the courthouse doors to Indian claims deemed to disrupt the "settled ...expectations" of non-Indian landowners, even when it is beyond dispute that Indian land was taken in violation of federal law and when Indians seek only money damages from the New York State government.4 The courts' conclusion that equitable considerations should be applied to deny remedies to Indian nations required an intentional disregard of several centuries of history. ...despite lack of access to the courts, from the very beginning the Six Nations vigorously protested the taking of their lands to the New York State Legislature, Congress, and the public at large. The New York Indian Land Claim Framework: History and Law The Six Nations' land rights actions arose because the State of New York violated federal law when it repeatedly purchased Indian lands-often under fundamentally unfair conditions-without congressional approval.8 Courts have confirmed these violations of federal law.9 By the turn of the eighteenth century, if not before, New York officials knew that the 1790 Trade and Intercourse Act required federal supervision and approval for any land deals with Indian nations.10 Yet for nearly five decades, between 1788 and 1845, the State embarked on a systematic and aggressive campaign to acquire the lands of the Six Nations in violation of that statute.11 The State's efforts yielded one of the largest illegal transfers of Indian land in American history. Indian nations did not have access to the federal courts until 1974, when the U.S. Supreme Court ruled that land claims against New York State raised federal issues within federal jurisdiction.27 New York state courts were likewise unavailable because of state law doctrines holding that the nations lacked the legal capacity to sue.28 From the beginning, relations between Indian nations and the United States were carried out on a nation-to-nation basis.29 As a result, Indian relations have always been "the exclusive province of
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A dramatic stimulation in mitochondrial biogenesis during the very early stage of leaf development was observed in young wheat plants (Triticum aestivum cv Hereward) grown in elevated CO2 (650 ...microliter L-1). An almost 3-fold increase in the number of mitochondria was observed in the very young leaf cells at the base of the first leaf of a 7-d-old wheat plant. In the same cells large increases in the accumulation of a mitochondrial chaperonin protein and the mitochondrial 2-oxoglutarate dehydrogenase complex and pyruvate dehydrogenase complex were detected by immunolabeling. Furthermore, the basal segment also shows a large increase in the rate of radiolabeling of diphosphatidylglycerol, a lipid confined to the inner mitochondrial membrane. This dramatic response in very young leaf cells to elevated CO2 suggests that the numerous documented positive effects of elevated CO2 on wheat leaf development are initiated as early as 12 h postmitosis
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Two panels of monoclonal antibody reagents were used to serotype all strains of Neisseria gonorrhoeae isolated from four separate geographical areas serving two million of the five million Scottish ...population. Serotype 1B isolates accounted for 60% of the 869 strains examined and were more prevalent than 1A isolates in each geographical area. A total of 11 1A serovars and 47 1B serovars were recognised. Only two of the 11 1A serovars (Aedgkih/Arost and Aedih/Arst) were found in every centre but these accounted for over 90% of the 1A isolates. Although there was a total of 47 different 1B serovars over 80% of the isolates were accounted for by the ten most commonly encountered serovars. There were, however, marked geographical differences within both major and minor serovars. There was a highly significant difference (P < 0.001) between protein 1A and 1B serovars with respect to their susceptibility to penicillin. Within each protein 1 type there were also differences in antibiotic susceptibility. Penicillinase-producing N. gonorrhoeae (PPNG) were found in all centres and accounted for 24 (2.8%) of the 869 isolates. The majority of the PPNG (71%) were serotype 1A and with one exception were serovar Aedih/Arst. PPNG strains accounted for 37% (16) of the 43 Aedih/Arst isolates. Epidemiological, diagnostic and therapeutic implications arising from the distinct geographical differences in the pool of circulating gonococci are discussed.
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The availability of the complete chicken (Gallus gallus) genome sequence as well as a large number of chicken probes for fluorescent in-situ hybridization (FISH) and microarray resources facilitate ...comparative genomic studies between chicken and other bird species. In a previous study, we provided a comprehensive cytogenetic map for the turkey (Meleagris gallopavo) and the first analysis of copy number variants (CNVs) in birds. Here, we extend this approach to the Pekin duck (Anas platyrhynchos), an obvious target for comparative genomic studies due to its agricultural importance and resistance to avian flu.
We provide a detailed molecular cytogenetic map of the duck genome through FISH assignment of 155 chicken clones. We identified one inter- and six intrachromosomal rearrangements between chicken and duck macrochromosomes and demonstrated conserved synteny among all microchromosomes analysed. Array comparative genomic hybridisation revealed 32 CNVs, of which 5 overlap previously designated "hotspot" regions between chicken and turkey.
Our results suggest extensive conservation of avian genomes across 90 million years of evolution in both macro- and microchromosomes. The data on CNVs between chicken and duck extends previous analyses in chicken and turkey and supports the hypotheses that avian genomes contain fewer CNVs than mammalian genomes and that genomes of evolutionarily distant species share regions of copy number variation ("CNV hotspots"). Our results will expedite duck genomics, assist marker development and highlight areas of interest for future evolutionary and functional studies.
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Legacies Robertson, Lindsay G
Conquest by Law,
09/2005
Book Chapter
This chapter discusses the legacy of Marshall's opinion. Marshall devised the discovery doctrine in 1823 to shore up the claims of Virginia militia bounty warrant holders to lands in the southwestern ...corner of Kentucky. The weapon he thus forged for them was seized by expansionist Georgians and wielded against Native Americans throughout the eastern United States. The reformulation of the doctrine he engineered in Worcester v. Georgia proved impossible to sustain. Johnson was too important to remove. In 1835, Jackson appointees took control of Marshall's court and revived the Johnson formulation.
The Opinion Robertson, Lindsay G
Conquest by Law,
09/2005
Book Chapter
This chapter discusses Chief Justice John Marshall's opinion in Johnson v. M'Intosh. John Marshall had two implicit objectives in mind when he drafted the opinion: to facilitate a favorable ...settlement of the claims of the Virginia militia warrant holders and to soften Virginia's opposition to the court. To accomplish these ends, he recast the question pleaded by the Johnson parties and engaged in questionable historical exposition to resolve it.
Before the Court Robertson, Lindsay G
Conquest by Law,
09/2005
Book Chapter
This chapter focuses on how the United Illinois and Wabash Land Companies brought their claim before the Supreme Court of the United States. No further petitions would be submitted to Congress, at ...least until the Companies had received a favorable decision from the high court. All of the Companies' resources, and all of Robert Goodloe Harper's creative energies, would be devoted to crafting and prosecuting a suit to win such a decision.
Harper Robertson, Lindsay G
Conquest by Law,
09/2005
Book Chapter
This chapter recounts the efforts of the New England Mississippi Land Company to appropriate title to lands farther south. Ultimately, the New England Mississippi Land Company's chief counsel, Robert ...Goodloe Harper, would present both its claims and those of the United Illinois and Wabash Land Companies to the Supreme Court, tying together two of the Court's most important early decisions, Johnson v. M'Intosh and Fletcher v. Peck, and setting the stage for the judicial conquest of Native America.
This chapter discusses the case of Johnson v. M'Intosh. The case, from the beginning, is a story about land: 43,000 square miles of lush, rolling farmland commanding the junctures of four major river ...systems in Indiana and Illinois. It is a story of unintended consequences, of the way 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 an entire legal regime.
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