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Historians have traditionally viewed the Creek War of 1836 as a minor police action centered on rounding up the Creek Indians for removal to Indian Territory. Using extensive archival research, John T. Ellisor demonstrates that in fact the Second Creek War was neither brief nor small. Indeed, armed conflict continued long after peace was declared and the majority of Creeks had been sent west. Ellisor’s study also broadly illuminates southern society just before the Indian removals, a time when many blacks, whites, and Natives lived in close proximity in the Old Southwest. In the Creek country, also called New Alabama, these ethnic groups began to develop a pluralistic society. When the 1830s cotton boom placed a premium on Creek land, however, dispossession of the Natives became an economic priority. Dispossessed and impoverished, some Creeks rose in armed revolt both to resist removal west and to drive the oppressors from their ancient homeland. Yet the resulting Second Creek War that raged over three states was fueled both by Native determination and by economic competition and was intensified not least by the massive government-sponsored land grab that constituted Indian removal. Because these circumstances also created fissures throughout southern society, both whites and blacks found it in their best interests to help the Creek insurgents. This first book-length examination of the Second Creek War shows how interethnic collusion and conflict characterized southern society during the 1830s.
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.
No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900) At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions-the railroad and American law-had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike-situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.