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| | Issue #19.49 :: 07/02/2008 - 07/08/2008 | "Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny"
An important book for the consideration of land rights in the United States
| BY J. EDWARD SUMERAU
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"Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny"
By Robert J. Miller
AUGUSTA, GA - With the words just and unjust being tossed about in political speeches these days, an interesting topic to consider is the justification of conquest and genocide throughout the history of these United States, and with this in mind, Robert J. Miller offers a poignant analysis of the justification of American expansionist policy in "Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny."
An Associate Professor at the Lewis and Clark Law School in Portland, Oregon, Robert J. Miller has written an important book for the consideration of land rights in the United States. As the Chief Justice of the Court of Appeals for the Confederated Tribes of the Grand Ronde Community of Oregon and a citizen of the Eastern Shawnee Tribe of Oklahoma, he brings a particular perception to the dissection of legal theory. With the ability to step outside of the system, he is able to focus on the intricacies of indoctrinated practice while offering a counter perspective of the legal framework of this country.
The argument evaluates the expansion policies of the West from the fourteenth century forward, and in so doing, observes the justifications within the legal frameworks of Western nations for the taking of native lands. In this regard, Miller undertakes a detailed analysis of the Doctrine of Discovery. Based on an intricate system of arguments dating back to Papal decrees in the 11th Century, the Doctrine of Discovery provided ultimate rights of seizure to Caucasian explorers in "new" lands.
While classrooms and textbooks tend to celebrate the cause of Manifest Destiny in American history, such destiny was merely a marketing campaign reinforcing the Doctrine of Discovery while allowing for the justification of the destruction of native peoples and culture.
A large portion of the book highlights the place of Thomas Jefferson within the Doctrine of Discovery's history. With the use of Jefferson's writings and policies, Miller traces Jefferson's belief in Manifest Destiny through the Indian Removal Act, the Expedition of Lewis and Clark, and the purchase of the Louisiana Territory. Within this section, he offers a powerful analysis of American policy that rings in the ears of modernity with contemporary land rights disputes falling into the legal framework of this doctrine.
Despite a compelling analysis and a complimentary evaluation of material (including a point by point definition of the legal rationale for the Doctrine of Discovery and an in-depth excursion into the intricacies of Jeffersonian legal maneuvering), the solution offered by the author fails to adequately address contemporary concerns with land disputes. As a result, the book is a mixture of fantastic analysis completed with a sub-par response to the data gathered. In this regard, the work provides an intriguing line of thought, but leaves practical answers to the further discussion and analysis of the subject.
With well-spaced prose and a detail oriented approach to historical legal policy and theory, Miller's argument provides a splendid starting block for introductory discussion of American expansionist policy. As a result, the work is a startling reminder of the nature of conquest, which is built on the justification of government for the breaking of one people's interest in support of the interest of another group.
Miller, Robert J. "Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny." Foreword by Elizabeth Furse. Lincoln, Nebraska and London, England: The University of Nebraska Press. 2008. 216 pp. $16.95 Paper. ISBN: 9780803215986. | |
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