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Conquest by LawHow the Discovery of America Dispossessed Indigenous Peoples of Their Lands$
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Lindsay G. Robertson

Print publication date: 2005

Print ISBN-13: 9780195148695

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780195148695.001.0001

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The Opinion

The Opinion

(p.95) CHAPTER 5 The Opinion
Conquest by Law

Lindsay G. Robertson (Contributor Webpage)

Oxford University Press

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.

Keywords:   John Marshall, Johnson v. M'Intosh, Virginia, Illinois, Wabash, militia

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