The legal ideology of removal : the southern judiciary and the sovereignty of Native American nations / Tim Alan Garrison.

Format:

Book

Author/Creator:

Garrison, Tim Alan, 1961-

Series:

Studies in the legal history of the South.

Studies in the legal history of the South

Language:

English

Subjects (All):

Cherokee Indians--Relocation--History.

Cherokee Indians.

Indians of North America--Legal status, laws, etc--Southern States--History.

Indians of North America.

Sovereignty.

States' rights (American politics).

Trail of Tears, 1838-1839.

Physical Description:

1 online resource (348 p.)

Edition:

1st ed.

Place of Publication:

Athens, Ga. : University of Georgia Press, 2009, c2002.

Language Note:

English

Summary:

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.

Contents:

Intro

CONTENTS

ACKNOWLEDGMENTS

INTRODUCTION

CHAPTER ONE: Removal: The Separation Solution

CHAPTER TWO: Spiritual Sovereignty: The Emergence of the Cherokee Nation

CHAPTER THREE: The Precedents: Sources of Law for the Southern State Courts during the Removal Crisis

CHAPTER FOUR: The Supremacy of State Jurisdiction

CHAPTER FIVE: Domestic Dependent Nations

CHAPTER SIX: The Southern Response to Marshall

CHAPTER SEVEN: Sovereign Nations

CHAPTER EIGHT: The Law of the Land

EPILOGUE: The Triumph of the Southern Removal Ideology

NOTES

BIBLIOGRAPHY

INDEX

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Y.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9786612553462

9781282553460

1282553461

9780820326412

0820326410

OCLC:

647878922