Chapter

The Opinion

Lindsay G. Robertson

in Conquest by Law

Published in print September 2005 | ISBN: 9780195148695
Published online September 2007 | e-ISBN: 9780199788941 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195148695.003.0005
 The Opinion

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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

Chapter.  8464 words. 

Subjects: History of the Americas

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