The Legal Ideology of Removal
The Southern Judiciary and the Sovereignty of Native American Nations

Tim Alan Garrison

New insights into the formative period of Indian policy in the United States

Reviews

"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


More / Hide

Description
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.

Series/imprint:
Studies in the Legal History of the South

Page count: 336 pp.
Trim size: 6.125 x 9.25

 

TAX-EXEMPT CUSTOMERS:
Please call 800-266-5842
to purchase books.

Hardcover
List price: $46.95
978-0-8203-2212-4
4/23/2002
BUY HARDCOVER
View Shopping Cart

Paper
List price: $25.95
978-0-8203-3417-2
11/1/2009
BUY PAPERBACK
View Shopping Cart

Ebook
List price: $24.95
978-0-8203-2641-2
1/25/2010
Check ebook availability


Tim Alan Garrison is a professor of history at Portland State University.