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James Fenimore Cooper's novel The Pioneers3 and Chief Justice John Marshall's opinion Johnson v. M'Intosh4 were published in the same year, 1823. Both take part in the contemporary debate over indigenous land rights from a similar authorial viewpoint-that of white male landowners. Marshall's opinion, however, has the force of law behind it, while Cooper's novel is merely a work of popular literature. That said, Johnson was certainly read by far fewer people than The Pioneers.5 While Marshall's opinion became

"Channeling Thought": The Legacy of Legal Fictions from 1823