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Victoria Sherrow examines a series of cases in the 1830s, including Cherokee Nation v. Georgia and Worcester v. Georgia, all dealing with the legal rights of the Cherokee people to govern themselves as an independent and sovereign nation and to own their own land. The Cherokee people were consistently denied any legal rights.
Describes the attempts to protect the rights of Cherokees living in Georgia beginning in the colonial period, including the landmark Supreme Court cases, Cherokee Nation vs. Georgia, and Worcester vs. Georgia.
This compact history is the first to explore two landmark U.S. Supreme Court cases of the early 1830s: Cherokee Nation v. Georgia and Worcester v. Georgia. Legal historian Jill Norgren details the extraordinary story behind these cases, describing how John Ross and other leaders of the Cherokee Nation, having internalized the principles of American law, tested their sovereignty rights before Chief Justice John Marshall in the highest court of the land. The Cherokees’ goal was to solidify these rights and to challenge the aggressive actions that the government and people of Georgia carried out against them under the aegis of law. Written in a style accessible both to students and to general readers, The Cherokee Cases is an ideal guide to understanding the political development of the Cherokee Nation in the early nineteenth century and the tragic outcome of these cases so critical to the establishment of U.S. federal Indian law.
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.
Red Clay, 1835 envelops students in the treaty negotiations between the Cherokee National Council and representatives of the United States at Red Clay, Tennessee. As pressure mounts on the Cherokee to accept treaty terms, students must confront issues such as nationhood, westward expansion, and culture change. This game book includes vital materials on the game's historical background, rules, procedures, and assignments, as well as core texts by figures such as Andrew Jackson, John Ross, and Elias Boudinot.
“The story of the Cherokee removal has been told many times, but never before has a single book given us such a sense of how it happened and what it meant, not only for Indians, but also for the future and soul of America.” —The Washington Post Five decades after the Revolutionary War, the United States approached a constitutional crisis. At its center stood two former military comrades locked in a struggle that tested the boundaries of our fledgling democracy. One man we recognize: Andrew Jackson—war hero, populist, and exemplar of the expanding South—whose first major initiative as president instigated the massive expulsion of Native Americans known as the Trail of Tears. The other is a half-forgotten figure: John Ross—a mixed-race Cherokee politician and diplomat—who used the United States’ own legal system and democratic ideals to oppose Jackson. Representing one of the Five Civilized Tribes who had adopted the ways of white settlers, Ross championed the tribes’ cause all the way to the Supreme Court, gaining allies like Senator Henry Clay, Chief Justice John Marshall, and even Davy Crockett. Ross and his allies made their case in the media, committed civil disobedience, and benefited from the first mass political action by American women. Their struggle contained ominous overtures of later events like the Civil War and defined the political culture for much that followed. Jacksonland is the work of renowned journalist Steve Inskeep, cohost of NPR’s Morning Edition, who offers a heart-stopping narrative masterpiece, a tragedy of American history that feels ripped from the headlines in its immediacy, drama, and relevance to our lives. Jacksonland is the story of America at a moment of transition, when the fate of states and nations was decided by the actions of two heroic yet tragically opposed men.
Details the Supreme Court case that protected Native Americans from the actions of state governments and discusses its legacy.
Theda Perdue examines the roles and responsibilities of Cherokee women during the eighteenth and nineteenth centuries, a time of intense cultural change. While building on the research of earlier historians, she develops a uniquely complex view of the effects of contact on Native gender relations, arguing that Cherokee conceptions of gender persisted long after contact. Maintaining traditional gender roles actually allowed Cherokee women and men to adapt to new circumstances and adopt new industries and practices.