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Download American Indians and State Law: Sovereignty, Race, and by Deborah A. Rosen PDF

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By Deborah A. Rosen

American Indians and country legislation examines the historical past of kingdom and territorial regulations, legislation, and judicial judgements concerning local american citizens from 1790 to 1880. Belying the typical assumption that Indian coverage and legislation within the usa have been completely in the federal government’s area, the e-book finds how states and territories prolonged their legislative and judicial authority over American Indians in this interval. Deborah A. Rosen makes use of discussions of national styles, complemented via case reports targeting ny, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to illustrate the decentralized nature of a lot of early American Indian policy.This examine info how country and territorial governments regulated American Indians and taken them into neighborhood felony courts, in addition to how Indians contested the activities of states and asserted tribal sovereignty. Assessing the racial stipulations of incorporation into the yank civic neighborhood, Rosen examines the ways that kingdom legislatures handled Indians as a unique racial workforce, explores racial concerns bobbing up in kingdom courts, and analyzes shifts within the rhetoric of race, tradition, and political prestige in the course of kingdom constitutional conventions. She additionally describes the politics of Indian citizenship rights within the states and territories. Rosen concludes that nation and territorial governments performed an immense position in extending direct rule over Indians and in defining the bounds and the which means of citizenship. (20080901)

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Extra resources for American Indians and State Law: Sovereignty, Race, and Citizenship, 1790-1880

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First, they said that the jury in this case only had the right to decide matters of fact, not matters of law, so the Supreme Court was not bound by the jury’s determination on the jurisdictional issue. Second, the treaties made with the Senecas were not evidence of their independent status. The language of those treaties actually supported the inference that the Senecas were signing the documents as a conquered people. 17 In fact, the Court never issued a formal opinion. Instead, the state legislature took up the matter.

18 Other states routinely used their criminal courts to try Indians who 28 Tribal Sovereignty and State Jurisdiction were charged with committing crimes against whites on or outside of reservation territory. A few months after the Tommy Jemmy trial, for example, a Chippewa Indian defendant in the Michigan Territory, Ketaukah, used the Jemmy case to justify a claim of tribal sovereignty that would preclude criminal proceedings by local white juries. Ketaukah was charged with murdering a white doctor on Winnebago Indian land during the summer of 1821.

At least in its anticipated outcome—Indians living with and ruled by European-Americans—this approach mirrored the Spanish colonial model. But many Americans did not believe that Indians were capable of changing their religious and cultural practices. Although many of these Americans, often out of a sense of religious duty, were willing to support the civilization program, their racist and ethnocentric presumptions led them to doubt the ultimate assimilability of Indians. That is, supporting acculturation did not necessarily mean advocating assimilation.

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