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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.
- Sales Rank: #1574677 in Books
- Published on: 2009-11-01
- Released on: 2009-11-01
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x .78" w x 6.12" l, 1.12 pounds
- Binding: Paperback
- 336 pages
Review
In recalling our attention to these overlooked decisions and the ideology they emerged from, Garrison has given us an indispensable work of American history.
(Alabama Review)Tim Garrison has produced a clear and powerful assessment of southern Indians' legal strategy and the self-interested response of courts in the southern states prior to Removal.
(Malinda M. Maynor North Carolina Historical Review)Tim Alan Garrison has carefully researched the relatively unexploited and fertile ground of the legal ideology of the southern antebellum state judiciary and its impact on Indian nations and American law. . . . This is a well-crafted study of a fascinating topic that has generally escaped historical scrutiny.
(Florida Historical Quarterly)Garrison has already earned his place in Native American history with this fascinating and scholarly volume.
(William L. Anderson Journal of East Tennessee History)Tim Alan Garrison's book will turn heads and immediately impact the way historians, Native scholars, and lawyers look at important legal concepts and precedents. I cannot remember a better conceived and better written monograph.
(John R. Wunder author of "Retained by the People": A History of American Indians and the Bill of Rights) From the Inside Flap
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.
About the Author
Tim Alan Garrison is an associate professor of history and chair of Native American studies at Portland State University.
Most helpful customer reviews
3 of 3 people found the following review helpful.
Well worth the price
By Kristin Teigen
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 struggle fed Southern courts in their efforts to satisfy the land-hungry desires of the masses in the American Southeast. In addition to providing a valuable perspective on the development of Native American history, the book details an important chapter in United States legal history, describing the evolution towards and the fall-out from an unprecedented challenge to the Supreme Court's authority that came when southern courts failed to recognize a critical yet unpopular decision, Worcester v. Georgia. Finally, Garrison's work shows how unsubstantiated rhetoric and the whims of politics can be infused into the critically important decisions of the supposedly independent and impartial judiciary.
Garrison displays a complex array of skills, as he navigates a traditional historical account, the intellectual origins of sovereignty and stereotypes as well as detailed legal interpretations. Particularly valuable is the account of the evolution of John Marshall's opinions. The Legal Ideology of Removal shows us the most courageous exercises of power, as Marshall's very human march into Worcester was, as well as the "degradation" of others who displayed, as Garrison wrote, "feckless abdications to racial prejudice and the unfermented popular will." Not only is Garrison's work significant to the telling of Cherokee removal, it is an adept illustration of dynamics of power derivation, of the vital relationship between the institutions of a nation and the people they purport to both serve and lead.
3 of 3 people found the following review helpful.
Excellent look at southern repudiation of the Supreme Court
By Michael Paul Richter
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 philosphies that had been abandoned by the Supreme Court and the legal community at large. All this lends credit to Garrison's notion that "for some southern leaders" the state's rights interpretation of the Constitution was "more tactical rhetoric than heartfelt ideology."
Garrison explores the history of the Cherokee's notion of such concepts as "autonomy" and "sovereignty" and demonstrates how they differed from those of the European thinkers of the day and the tragic consequences this clash of ideals led to. Furthermore, he reaches far back into history to discuss such philosophers as Thomas Aquinas, Franciscus de Victoria, and Emmerich Vattel and lays out the effect that their teachings and doctrines had on the debate of Cherokee sovereignty.
While Garrison makes a conscience and commenable effort to focus the book away from such "towering figures" as Andrew Jackson and John Ross, he does spend considerable time on John Marshall's presence in this epoch of history. This attention is not misplaced. Garrison dispays Marshall as a man who was falable, naive, strong-willed, patriotic, compassionate, and above all - human.
While the book lends itself to numerous follow-up inquiries, it is without question an invaluable book that makes a clear and complelling case: that "the law is often not what the U.S. Supreme Court declares it to be, but what the American public accepts of institutional power deems to enforce."
0 of 0 people found the following review helpful.
Native Americans
By MLJ
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
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