The Legal Ideology of Removal

The Legal Ideology of Removal
Author: Tim Alan Garrison
Publisher: University of Georgia Press
Total Pages: 350
Release: 2009
Genre: Law
ISBN: 0820334170

This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Cherokee Civil Warrior

Cherokee Civil Warrior
Author: W. Dale Weeks
Publisher: University of Oklahoma Press
Total Pages: 324
Release: 2023-02-16
Genre: History
ISBN: 0806192585

For the Cherokee Nation, the Civil War was more than a contest between the Union and the Confederacy. It was yet another battle in the larger struggle against multiple white governments for land and tribal sovereignty. Cherokee Civil Warrior tells the story of Chief John Ross as he led the tribe in this struggle. The son of a Scottish father and mixed-blood Indian mother, John Ross served the Cherokee Nation in a public capacity for nearly fifty years, thirty-eight as its constitutionally elected principal chief. Historian W. Dale Weeks describes Ross’s efforts to protect the tribe’s interests amid systematic attacks on indigenous culture throughout the nineteenth century, from the forced removal policies of the 1830s to the exigencies of the Civil War era. At the outset of the Civil War, Ross called for all Cherokees, slaveholding and nonslaveholding, to remain neutral in a war they did not support—a position that became untenable when the United States withdrew its forces from Indian Territory. The vacated forts were quickly occupied by Confederate troops, who pressured the Cherokees to align with the South. Viewed from the Cherokee perspective, as Weeks does in this book, these events can be seen in their proper context, as part of the history of U.S. “Indian policy,” failed foreign relations, and the Anglo-American conquest of the American West. This approach also clarifies President Abraham Lincoln’s acknowledgment of the federal government’s abrogation of its treaty obligation and his commitment to restoring political relations with the Cherokees—a commitment abruptly ended when his successor Andrew Johnson instead sought to punish the Cherokees for their perceived disloyalty. Centering a Native point of view, this book recasts and expands what we know about John Ross, the Cherokee Nation, its commitment to maintaining its sovereignty, and the Civil War era in Indian Territory. Weeks also provides historical context for later developments, from the events of Little Bighorn and Wounded Knee to the struggle over tribal citizenship between the Cherokees and the descendants of their former slaves.

Star Territory

Star Territory
Author: Gordon Fraser
Publisher: University of Pennsylvania Press
Total Pages: 231
Release: 2021-06-04
Genre: History
ISBN: 0812297903

The United States has been a space power since its founding, Gordon Fraser writes. The white stars on its flag reveal the dream of continental elites that the former colonies might constitute a "new constellation" in the firmament of nations. The streets and avenues of its capital city were mapped in reference to celestial observations. And as the nineteenth century unfolded, all efforts to colonize the North American continent depended upon the science of surveying, or mapping with reference to celestial movement. Through its built environment, cultural mythology, and exercise of military power, the United States has always treated the cosmos as a territory available for exploitation. In Star Territory Fraser explores how from its beginning, agents of the state, including President John Adams, Admiral Charles Henry Davis, and astronomer Maria Mitchell, participated in large-scale efforts to map the nation onto cosmic space. Through almanacs, maps, and star charts, practical information and exceptionalist mythologies were transmitted to the nation's soldiers, scientists, and citizens. This is, however, only one part of the story Fraser tells. From the country's first Black surveyors, seamen, and publishers to the elected officials of the Cherokee Nation and Hawaiian resistance leaders, other actors established alternative cosmic communities. These Black and indigenous astronomers, prophets, and printers offered ways of understanding the heavens that broke from the work of the U.S. officials for whom the universe was merely measurable and exploitable. Today, NASA administrators advocate public-private partnerships for the development of space commerce while the military seeks to control strategic regions above the atmosphere. If observers imagine that these developments are the direct offshoots of a mid-twentieth-century space race, Fraser brilliantly demonstrates otherwise. The United States' efforts to exploit the cosmos, as well as the resistance to these efforts, have a history that starts nearly two centuries before the Gemini and Apollo missions of the 1960s.

Chiefs of Nations

Chiefs of Nations
Author: Paul Thomas Vickers
Publisher: iUniverse
Total Pages: 425
Release: 2005-10
Genre: Cherokee Indians
ISBN: 0595369847

Chiefs of Nations: First Edition: The Cherokee Nation 1730 to 1839-109 years of Political Dialogue and Treaties brings to light an abundance of uncharted and detrimental facts that serve as testimonial changing the history of the Cherokee Nation. Covering the Colonial period with new and fresh accounts taken directly from the Colonial records to the onset of the federal period with the United States, as recorded in the minutes of the 1st to 17th congress; Chiefs of Nations radiates to the publics need for truth and realistic coverage between the United States and Indian Nations; once governed by traditional governments-populating the entire continent, of the United States of America. Both technical and dramatic, Chiefs of Nations, unlike other books such as, Browns Old Frontiers, Cherokee Tragedy, The Cherokees, Trail of Tears (The rise and fall of the Cherokee Nation): Chiefs of Nations, discovers the actual causes that led to the acts and resolves of Congress, for the expansion of the Southeastern States and Territories-into the Cherokee, Creek, Chickasaw and Choctaw Nations boundaries. Populated with fully quoted documents from the Federal Records and unedited Treaties, Chiefs of Nations, reveals the shocking truth: exposing the contentions between rival factions and the development of an insurgent political party in 1825, that ultimately gained control of the Cherokee Nation, and released claim to all their remaining lands in 1835.

The Papers of John Marshall

The Papers of John Marshall
Author: Charles F. Hobson
Publisher: UNC Press Books
Total Pages: 654
Release: 2012-12
Genre: Law
ISBN: 0807838853

This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his last years than from any other period of his life. Nullification, the Cherokee cases, the bank bill, the election of 1832, the anti-Masonic movement, slavery, and African colonization are among the topics that prompted Marshall's comments and reflections. Family letters provide intimate details of Marshall's 1831 operation for the removal of bladder stones, his companionate marriage to "dearest Polly" (who died at the end of 1831), and his relationships with his children and grandchildren. Judicial opinions published here in full include Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832). Major editorial notes set forth the background and circumstances of these celebrated cases.

Native Nations

Native Nations
Author: Kathleen DuVal
Publisher: Random House
Total Pages: 753
Release: 2024-04-09
Genre: History
ISBN: 0525511040

A magisterial history of Indigenous North America that places the power of Native nations at its center, telling their story from the rise of ancient cities more than a thousand years ago to fights for sovereignty that continue today “A feat of both scholarship and storytelling.”—Claudio Saunt, author of Unworthy Republic Long before the colonization of North America, Indigenous Americans built diverse civilizations and adapted to a changing world in ways that reverberated globally. And, as award-winning historian Kathleen DuVal vividly recounts, when Europeans did arrive, no civilization came to a halt because of a few wandering explorers, even when the strangers came well armed. A millennium ago, North American cities rivaled urban centers around the world in size. Then, following a period of climate change and instability, numerous smaller nations emerged, moving away from rather than toward urbanization. From this urban past, egalitarian government structures, diplomacy, and complex economies spread across North America. So, when Europeans showed up in the sixteenth century, they encountered societies they did not understand—those having developed differently from their own—and whose power they often underestimated. For centuries afterward, Indigenous people maintained an upper hand and used Europeans in pursuit of their own interests. In Native Nations, we see how Mohawks closely controlled trade with the Dutch—and influenced global markets—and how Quapaws manipulated French colonists. Power dynamics shifted after the American Revolution, but Indigenous people continued to command much of the continent’s land and resources. Shawnee brothers Tecumseh and Tenskwatawa forged new alliances and encouraged a controversial new definition of Native identity to attempt to wall off U.S. ambitions. The Cherokees created institutions to assert their sovereignty on the global stage, and the Kiowas used their power in the west to regulate the passage of white settlers across their territory. In this important addition to the growing tradition of North American history centered on Indigenous nations, Kathleen DuVal shows how the definitions of power and means of exerting it shifted over time, but the sovereignty and influence of Native peoples remained a constant—and will continue far into the future.

Cherokees of the Old South

Cherokees of the Old South
Author: Henry Thompson Malone
Publisher: University of Georgia Press
Total Pages: 264
Release: 2010-04-01
Genre: History
ISBN: 0820335428

First published in 1956, this book traces the progress of the Cherokee people, beginning with their native social and political establishments, and gradually unfurling to include their assimilation into “white civilization.” Henry Thompson Malone deals mainly with the social developments of the Cherokees, analyzing the processes by which they became one of the most civilized Native American tribes. He discusses the work of missionaries, changes in social customs, government, education, language, and the bilingual newspaper The Cherokee Phoenix. The book explains how the Cherokees developed their own hybrid culture in the mountainous areas of the South by inevitably following in the white man's footsteps while simultaneously holding onto the influences of their ancestors.

The Cherokee Nation of Indians

The Cherokee Nation of Indians
Author: Charles C. Royce
Publisher: DigiCat
Total Pages: 296
Release: 2023-12-14
Genre: History
ISBN:

The following monograph on the history of the Cherokees, with its accompanying maps, is given as an illustration of the character of the work in its treatment of each of the Indian tribes. In the preparation of this book, more particularly in the tracing out of the various boundary lines, much careful attention and research have been given to all available authorities or sources of information. The old manuscript records of the Government, the shelves of the Congressional Library, including its very large collection of American maps, local records, and the knowledge of "old settlers," as well as the accretions of various State historical societies, have been made to pay tribute to the subject.

John Howard Payne Papers, 3-Volume Set

John Howard Payne Papers, 3-Volume Set
Author: Rowena McClinton
Publisher: U of Nebraska Press
Total Pages: 1184
Release: 2022-11
Genre: Social Science
ISBN: 1496232992

This collection of John Howard Payne's Papers is a significant recovery of firsthand political and social histories of Indigenous cultures, particularly the Cherokees, a southeastern tribe, whose ancestral lands included parts of the present-day states of Georgia, Alabama, Tennessee, and North Carolina. The papers enable readers to understand how the Cherokees and many other American Indians endured and persevered as they encountered forced removal in the 1830s due to the Indian Removal Act. The papers are also a source of cultural revitalization, elucidating the work of Sequoyah, a Cherokee genius, who in 1821 introduced his syllabary, a phonemic system with eighty-five symbols. John Howard Payne (1791-1852), an American actor, poet, and playwright, was so taken by the Cherokees' story that he lobbied Congress to forgo their removal and wrote articles in contemporary newspapers supporting Cherokees. In 1835 Payne journeyed to the Cherokee Nation and met with John Ross, Cherokee chief from 1828 to 1866, who found in Payne a colleague to assist him and other Cherokees with their cause against removal and in preserving their ancient social, spiritual, and political heritages. Payne gathered and recorded correspondence between Cherokees such as Ross, who was fluent in English, and U.S. officials. These papers include multiple correspondences, ratified and unratified treaties, contemporary newspaper articles, and resolutions sent to Congress appealing for justice for the Cherokees. Payne also assembled letters and writings by New England Congregationalist missionaries who resided in mission stations throughout the Cherokee Nation. Available in print for the first time, this remarkable repository of information provides a fuller understanding of the political climates Cherokees encountered throughout the early to mid-nineteenth century.

Outsiders in 19th-century Press History

Outsiders in 19th-century Press History
Author: Frankie Hutton
Publisher: Popular Press
Total Pages: 268
Release: 1995
Genre: History
ISBN: 9780879726881

This anthology of journalism history brings together essays on the early Black press, pioneer Jewish journalism, Spanish-language newspapers, Native American newspapers, woman suffrage, peace advocacy, and Chinese American and Mormon publications. It shows how marginal groups developed their own journalism to counter the prejudices and misconceptions of the white establishment press. The essays address the important questions of freedom of expression in religious matters as well as the domains of race and gender.