The Legal Ideology of Removal
eBook - PDF

The Legal Ideology of Removal

The Southern Judiciary and the Sovereignty of Native American Nations

  1. 336 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The Legal Ideology of Removal

The Southern Judiciary and the Sovereignty of Native American Nations

About this book

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.

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Yes, you can access The Legal Ideology of Removal by Tim Garrison, Kermit Hall, Paul Finkelman, Timothy Huebner in PDF and/or ePUB format, as well as other popular books in History & North American History. We have over one million books available in our catalogue for you to explore.

Table of contents

  1. CONTENTS
  2. ACKNOWLEDGMENTS
  3. INTRODUCTION
  4. CHAPTER ONE: Removal: The Separation Solution
  5. CHAPTER TWO: Spiritual Sovereignty: The Emergence of the Cherokee Nation
  6. CHAPTER THREE: The Precedents: Sources of Law for the Southern State Courts during the Removal Crisis
  7. CHAPTER FOUR: The Supremacy of State Jurisdiction
  8. CHAPTER FIVE: Domestic Dependent Nations
  9. CHAPTER SIX: The Southern Response to Marshall
  10. CHAPTER SEVEN: Sovereign Nations
  11. CHAPTER EIGHT: The Law of the Land
  12. EPILOGUE: The Triumph of the Southern Removal Ideology
  13. NOTES
  14. BIBLIOGRAPHY
  15. INDEX