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

Sampul Depan
U of Nebraska Press, 1 Jan 2007 - 340 halaman
American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy.

This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.


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Tribal Sovereignty and State Jurisdiction
The State Sovereignty Argument for Local Regulation
Slavery the Law of Nationsand Racial Classification
Indians and Racial Discrimination
Debating Race Culture and Political Status
State Citizenship by Legislative Action
The Politics of Indian Citizenship
State Law and Direct Rule over Indians
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Halaman 13 - But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country a wilderness...

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Deborah A. Rosen is a professor of history at Lafayette College in Easton, Pennsylvania. She is the author of Courts and Commerce: Gender, Law, and the Market Economy in Colonial New York and coeditor of Early American Indian Documents: Treaties and Laws, 1607?1789, volumes 15, 16, and 17.

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