The Legal Ideology Of Removal

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.

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue.

In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

In The Native South, Tim Alan Garrison and Greg O'Brien assemble contributions from leading ethnohistorians of the American South in a state-of-the-field volume of Native American history from the sixteenth to the twenty-first century. Spanning such subjects as Seminole-African American kinship systems, Cherokee notions of guilt and innocence in evolving tribal jurisprudence, Indian captives and American empire, and second-wave feminist activism among Cherokee women in the 1970s, The Native South offers a dynamic examination of ethnohistorical methodology and evolving research subjects in southern Native American history. Theda Perdue and Michael Green, pioneers in the modern historiography of the Native South who developed it into a major field of scholarly inquiry today, speak in interviews with the editors about how that field evolved in the late twentieth century after the foundational work of James Mooney, John Swanton, Angie Debo, and Charles Hudson. For scholars, graduate students, and undergraduates in this field of American history, this collection offers original essays by Mika�la Adams, James Taylor Carson, Tim Alan Garrison, Izumi Ishii, Malinda Maynor Lowery, Rowena McClinton, David A. Nichols, Greg O'Brien, Meg Devlin O'Sullivan, Julie L. Reed, Christina Snyder, and Rose Stremlau.

Cherokee Removal excited the passions of Americans across the country. Nowhere did those passions have more violent expressions than in Georgia, where white intruders sought to acquire Native land through intimidation and state policies that supported their disorderly conduct. Cherokee Removal and the Trail of Tears, although the direct results of federal policy articulated by Andrew Jackson, were hastened by the state of Georgia. Starting in the 1820s, Georgians flocked onto Cherokee land, stole or destroyed Cherokee property, and generally caused havoc. Although these individuals did not have official license to act in such ways, their behavior proved useful to the state. The state also dispatched paramilitary groups into the Cherokee Nation, whose function was to intimidate Native inhabitants and undermine resistance to the state’s policies. The lengthy campaign of violence and intimidation white Georgians engaged in splintered Cherokee political opposition to Removal and convinced many Cherokees that remaining in Georgia was a recipe for annihilation. Although the use of force proved politically controversial, the method worked. By expelling Cherokees, state politicians could declare that they had made the disputed territory safe for settlement and the enjoyment of the white man’s chance. Adam J. Pratt examines how the process of one state’s expansion fit into a larger, troubling pattern of behavior. Settler societies across the globe relied on legal maneuvers to deprive Native peoples of their land and violent actions that solidified their claims. At stake for Georgia’s leaders was the realization of an idealized society that rested on social order and landownership. To achieve those goals, the state accepted violence and chaos in the short term as a way of ensuring the permanence of a social and political regime that benefitted settlers through the expansion of political rights and the opportunity to own land. To uphold the promise of giving land and opportunity to its own citizens—maintaining what was called the white man’s chance—politics within the state shifted to a more democratic form that used the expansion of land and rights to secure power while taking those same things away from others.

The Routledge Handbook of American Military and Diplomatic History provides a comprehensive analysis of the major events, conflicts, and personalities that have defined and shaped the military history of the United States. This volume, The Colonial Period to 1877, illuminates the early period of American history, from the colonial warfare of the 17th century through the tribulations of Reconstruction. The chronologically organized sections each begin with an introductory chapter that provides a concise narrative of the period and highlights the scholarly debates and interpretive schools of thought in the historiography, followed by topical chapters on issues in the period. Topics covered include colonial encounters and warfare, the French and Indian War, the American Revolution, diplomacy in the early American republic, the War of 1812, westward expansion and conquest, the Mexican-American War, the Civil War, and Reconstruction. With authoritative and vividly written chapters by both leading scholars and new talent, this state-of-the-field handbook will be a go-to reference for every American history scholar's bookshelf.

American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

Demanding the Cherokee Nation examines nineteenth-century Cherokee political rhetoric in reassessing an enigma in American Indian history: the contradiction between the sovereignty of Indian nations and the political weakness of Indian communities. Drawing from a rich collection of petitions, appeals, newspaper editorials, and other public records, Andrew Denson describes the ways in which Cherokees represented their people and their nation to non-Indians after their forced removal to Indian Territory in the 1830s. He argues that Cherokee writings on nationhood document a decades-long effort by tribal leaders to find a new model for American Indian relations in which Indian nations could coexist with a modernizing United States. Most non-Natives in the nineteenth century assumed that American development and progress necessitated the end of tribal autonomy, and that at best the Indian nation was a transitional state for Native people on the path to assimilation. As Denson shows, however, Cherokee leaders articulated a variety of ways in which the Indian nation, as they defined it, belonged in the modern world. Tribal leaders responded to developments in the United States and adapted their defense of Indian autonomy to the great changes transforming American life in the middle and late nineteenth century, notably also providing cogent new justification for Indian nationhood within the context of emergent American industrialization.