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| Book Review | Indiana Magazine of History, 103.2 | The History Cooperative
103.2  
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June, 2007
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Reviews

How the Indians Lost their Land
Law and Power on the Frontier

By Stuart Banner
(Cambridge, Mass.: Harvard University Press, 2005. Pp. 344. Illustrations, notes, index. $29.95.)

Conquest by Law
How the Discovery of America Dispossessed the Indigenous Peoples of their Land

By Lindsay G. Robertson
(New York: Oxford University Press, 2005. Pp. xiii, 239. Maps, illustrations, photographs, appendices, notes, bibliography, index. $29.95.)

Recently, in many successful lawsuits, Native American tribes have received payment for territory that was illegally taken over a century ago. While the principles behind these victories are often misunderstood by those unfamiliar with the history of American Indian law, two new books help provide clarity. Stuart Banner's How the Indians Lost Their Land examines Indian property rights and the mechanisms of land transfer from the colonial era through the 1930s. According to Banner, the exchange of land was neither a simple matter of conquest, nor entirely voluntary, but rather existed along a continuum between absolute force and the willful sale of land. Yet, from the colonial era through the early twentieth century, land transfers occurred increasingly under coercion. . . .
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