Legal Outlet

The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations (Studies in the Legal History of the South Ser.)

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,

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(as of January 22, 2018 6:10 pm GMT - Details)

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.

Comments

MLJ says:

Native Americans This book help us in writing about the true removal of Native Americans from their ancestral lands. It was direct and to the point about the legal aspects of removal

Kristin Teigen says:

Well worth the price The focus of many historians discussing the removal of the Southeast Native Americans has been on the tragic human costs of the ordeal. Dr. Tim Garrison has found an original approach, detailing the intricate legal history and intellectual influences that provided the rationalization for the removal policy. In The Legal Ideology of Removal, Garrison tells the disastrous story of how stereotypical misconceptions, cultural dissonance, afterthoughts in dicta and an overarching federal/state power…

Michael Paul Richter says:

Excellent look at southern repudiation of the Supreme Court Garrison demonstrates throughout this book that the common understandings of the removal of southern Indians from their native homelands and the ensuing forced march along the Trail of Tears are often overly simplistic and shortsighted. Garrison demonstrates, through several southerns state cases, that the south often misrepresented controlling law, gave merit to false and grossly racist “scientific” evidence, randomly selected federal statutes, and relied upon legal and social…

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