Abstract Particularly in the years immediately prior to the War of Independence, the Native people of the Americas had more political power and leverage with European settlers and the colonists than they were ever to have in subsequent years. The paper shows, however, that after America formally became a nation with a European-style government, the Indian nations and intertribal struggles were in conflict with the new government. The paper briefly examines the events, reasons, and causes leading to the removal of the Indians from the East and the IndianRemovalAct.
From the Paper "The history of racism is rife with euphemisms. "Removal" became a polite legal euphemism for what is now called "The Trail of Tears" of the Cherokee People and the other five native tribes whom were legally and systematically denied their rights to the land their people had occupied for as long as memory, by an act of the United States Congress. The Twenty-First Congress of the United States of America passed the Indian Removal Act of 1830 on May 26, 1830. It should be noted that the act's passage did not come easily, and only transpired after four months of strong debate."
Abstract This paper looks at the implications of the IndianRemovalAct of 1840, and its consistency with the United States Constitution. It explores the critical effect of the act and whether it was in line with the Bill of Rights.
Abstract The paper reviews the Cherokee and Seminole resistance tactics against Indianremoval. The paper explains how the "five civilized tribes" attempted to hold onto their lands. The paper includes their strategies and examines how the U.S. government broke treaties.
From the Paper "When Andrew Jackson became president, Cherokee Creek Chickasaw Choctaw and Seminole Indians lived east of the Mississippi Goldfield. These Indians were known as the "Five Civilized Tribes" because many of them had adopted aspects of European and American culture including Christianity. However, these Indians lived on millions of acres of land desired by white cotton planters in central Alabama and Mississippi and particularly Georgia Goldfield."
This essay discusses the Cherokee Indians, and the Trail of Tears they trekked across to reach the Indian Reservations that the United States government placed them in.
Abstract This paper talks about the background of the Cherokee Indians, the IndianRemovalAct, the removal forts they were put into, and the trail of tears they trudged on, and symbols that symbolize the trail of tears and the pain the Cherokee Indians endured. The author includes several maps in the paper.
From the Paper 'In the 1800s, the Cherokee Indians were forced off their ancestral lands in Georgia and coerced to march the long, bitter journey to Oklahoma, where the government had decided they should live. This journey became known as the "Trail of Tears" for the grief it caused the Cherokee. It was called "Nunna dual Tsuny" by the tribe, which literally meant the "Trail Where They Cried". The Cherokee were a friendly tribe, but were stripped of justice as they were made to trudge hundreds of miles in bad weather; many were treated brutally, and many died either in concentration camps or on the trail itself."
Abstract This paper discusses the transportation by force of the Cherokee nation from their native lands to Oklahoma that was mandated by the U.S. government in 1838. While it was Jackson's successor, Martin Van Buren, who would order the forced march that became known as the "Trail of Tears", the policies that led to the forced removal had begun in 1830 under Jackson with the IndianRemovalAct. The writer describes the horrors of the march and its devastating effects on the Cherokees as well as the other Indians who were driven out with them. The writer discusses the historical and political background behind the relocation, and the reasons for Jackson's deep-seated hatred and resentment of the Cherokees. The writer also describes the attempts by the Cherokees to negotiate with the U.S. government prior to the march and other circumstances leading up to the march, and concludes with a brief note on what happened to them after their arrival in Oklahoma.
From the Paper "The Cherokee nation had, at one time, spanned the territories now known as the Carolinas to Florida and West to Mississippi. Over the course of several millennia, the Cherokee had banded together five tribes, each with its place in a relatively democratic political structure, where respect for the rule of law was absolute, and their culture significantly advanced. Education was paramount, they maintained a very solid and reliable economy, and they maintained the belief that they could successfully co-exist with the Americans. This, of course, would prove to be exceptionally naive when it came to Jackson. Where he had failed in his youth, he was certainly able to get back at the Cherokee decades later."
Tags: racist eviction land-hungry obsolescence genocide, Monroe Doctrine, Supreme Court, opposition exposure anti-Indian
Abstract The RemovalAct of May 28,1830, was an act by both houses of Congress of the U.S., which provided for an exchange of lands with the native Indian tribes residing in any of the states or territories, and for their removal west of the Mississippi River, their traditional land, to the prairies. This paper describes leading up to the Act being passed, the anti-removal faction, which hotly debated the law, and the Cherokee fight against the law, which unfortunately led to the Trail of Tears.
From the Paper "Like other removal opponents, Congressman Henry Storrs of New York was apprehensive towards giving the President power to deal directly with the Indians. The bill, if approved by Congress, would vest the President precisely with that power. He stated James Madison's sentiment that the Founding Fathers would not have given one branch of government the power to conduct Indian affairs without the balanced advice and consent of the two others. But this bill would precisely give the President that sole authority to move the Indians out of their land by a mere executive order."
Abstract This paper discusses the public apology made by Kevin Gover, the Assistant Secretary of Indian Affairs, to Native Americans for the harsh mistreatment they received at the hands of the U.S. Government. The paper looks at the many aspects of this mistreatment addressed by the apology, and suggests that, although late in coming, a public apology may open the door to reparations for American Indians.
From the Paper "In his speech, Gover made note of the Dawes Severalty Act, passed in 1887. This act was just one in a long line of examples of the early settlers? inability to understand the ways of the Native Americans. The act was created by whites who believed they were helping weak Native Americans by turning them into farmers and land owners. While this act uprooted the Native Americans from their homes and placed them in reservations, the American government alleged that they were helping, rather than hurting the Native Americans simply because of their belief in the superiority of America and of its culture."
Abstract This paper discusses how Andrew Jackson was well-loved by the American people. His popularity could be attributed to the fact that he was a common man, and Americans felt that they could relate to him. Jackson enjoyed a landslide election despite a smear campaign by his opponent John Quincy Adams and his image was strengthened by his struggle against the Bank of America and the IndianRemoval issue. He was an ordinary man who had a blunt, unforgiving manner to him and was adored by most throughout his entire term in office.
From the Paper "To demonstrate Jackson's public approval rate, one could take a look at the Presidential Election of 1828. Historians have stated that this election was more of an exercise in slander rather than a debate on public issues, and John Quincy Adams, Jackson's opponent, did, in fact, execute an intense smear campaign. Adams? forces attacked Jackson's character, reminding voters of Jackson's duels, tavern brawls, and execution of militiamen during the Creek War. They also criticized Jackson's marriage to Rachel Donelson, calling the marriage itself an "abduction" and claiming that Jackson had "torn from a husband the wife of his bosom". After Adams? campaign, one might think that Jackson's public reputation would be severely damaged, and that his public support would drop."
Tags: adams, election, indian, removal, bank, white, house
Abstract This research paper discusses the rule of construction, which is a very important tool for construing the intention of the testator in the will. It begins by defining what a will is and defining rule of construction. The paper then explains this concept using the Indian Succession Act of 1925 and case laws. It also discusses the rule of construction under private international law.
Table of Contents:
Introduction
Rule of Construction
Nature and Scope
Research Questions
Chapter One
Wills
Chapter Two
Rule of Construction
Construction of Words
Ascertaining the Intention of the Testator
Construction of Wills
Chapter Three
Rule of Construction in Private International Law
Conclusion
From the Paper "The 'rule of construction' in the Indian legal system gives utmost significance to giving effect to the intention of the testator. The duty of the court is to endeavor the ascertainment of the intention of the testator while construing a will or any other testamentary instrument. The aid of the private international law is necessary only when the intention is expressed in a manner that leaves no room for doubt. This is because the duty of any court, no matter in which country it may sit, is to give effect to expressed intentions and, if they are clear, there can be no occasion to test the language of the will by reference to any particular legal system. Generally, the interpretation of a will depends on the law of the testator's domicile. This approach is supported by section 4 of the Will Act 1963 which provides that the "construction of a will shall not be altered by reason of any change in the testator's domicile after the execution of the will. However, the rule that the interpretation of a will depends on the law of the testator's domicile is not absolute. If the testator has manifestly contemplated and intended that his will should be construed according to some other system of law, then this rule does not apply."
Abstract The paper discusses that the term 'Indian giver' has come to be a synonym for someone who gives something, only to take it back. The paper further explains that it was the Indians who were forced to give to the Europeans--their knowledge about farming and fishing in the Americas and ultimately their land. The paper discusses that in Jack Weatherford's book, "Indian Givers: How the Indians of the Americas Transformed the World," the exchange between Europeans and Native Americans was an unequal one, with Europeans taking of the positive benefits of the New World, while the Indians were doing all of the giving. The paper concludes that unwittingly, the Indians found themselves the recipient of the evils of European civilization, like slavery, and a disrespectful attitude to the land.
From the Paper "According to Weatherford, the early post-Columbian contact of the Europeans with the native populace actually enabled the Industrial Revolution to change Europe, and ultimately the world. "Had Europe and America not come together through Columbus or some other connection, the industrial revolution would never have happened in the way we know it," because Europeans would never have gained access to the metals of the New World, or to Indian mines (Weatherford 57). This contact also generated the money economy of Europe and fueled a shift to a European economy based upon real, hard, convertible currency. Metal-based currency also was critical in fueling industrialism and world trade. By beginning the book with tales of South American encounters with Europe, which were particularly brutal and unequal from the beginning of the Indian-European relationship, Weatherford initiates a tragic tone, explaining how enslaved South American Indians mining gold and silver in Potosi supplied the precious metals for most of the European coins that generated wealth for the Old World at the expense of the liberty of the New World."
This paper reviews and examines Donald Hughes' book "North American Indian Ecology" which focuses on a wide range of ecological and environmental issues faced by Native American Indians in the 20th century.
Abstract This paper explores and details North American Indian life and culture as portrayed in Donald Hughes' book "North American Indian Ecology." This paper discusses the land issues facing the North American Indian tribes including overgrazing, erosion and assessments of appropriate land usage. The writer of this paper finds Hughes' book to be straightforward and concise in clarifying the characteristics of Indian life such as hunting, food growing and rituals.
From the Paper "Tribes are having to mediate the disparate demands of their members and the industrial mindset of the BIA to balance forest use for economic need and preservation for cultural need. Tribes face many of the same problems as non-Native communities held hostage by the timber industry. Replanting has not always kept pace with harvesting on public or trust lands. The push to harvest old-growth timber is constrained by federal mandates to protect endangered species habitats, putting people out of work. Few local communities gain the "value-added" benefits of processing their own timber especially jobs and new businesses and when they do the environmental impact of mill sites has to be factored into any cost-benefit analysis."
Abstract This paper addresses the changes in American Indian warfare during the period of western settlement in the 19th century. It gives a summary of Plains Indian culture and reasons for conflict, and details conflicts between settlers and American Indian tribes. The paper's thesis, borne out in historical research, is that the introduction of horses and firearms made conflicts between US relocation forces and unwilling Indian tribesmen bloodier than necessary on both sides. The author does not take sides on the Native American sovereignty issue.
Abstract The paper explains that Jack Weatherford began to examine the history of the Native American as he discovered that many agricultural products would not have been produced in farming without the knowledge that Indians gave those in the new world. The paper describes how Weatherford further stipulates that it is through these advances in agriculture that the United States has remained a strong contender in the global market ,and that without the influences of the Native Americans on the early settlers those new to America would not have survived. The paper analyzes how, through his work, "Indian Givers: How Indians of the Americas Transformed the World", Volume I, Weatherford brings an insight to a people that most individuals have been negligent in understanding. The paper concludes that it is Weatherford's purpose to demonstrate that Native Americans have been a misrepresented and forgotten people when the history of North America is discussed.
Abstract This paper presents a brief history of the Native Americans of California, focusing on their struggles with colonizing Europeans and their eventual loss of land and civil rights. The paper traces the history of Native Americans in the US back to their arrival in North America from Asia. Next the author describes their settlement and cultures in North America, and California specifically. The paper highlights the arrival of Europeans to Californian, describing the Native American's subsequent loss of loss of land, culture and autonomy. Special attention is paid to the effects of reservations on the Native American population.
Outline:
California Indians Population Decline of California Indian Figure-1: Native California [Census 2000]
Figure-2: Native California Population [Census 2000]
Indian Plight since Columbian Period
Paper includes maps and charts.
From the Paper "This exploitation continued well into the twentieth century and displacement of Native Indian from reserves continued with little or no compensation until the early twentieth century. The enlightened society of the twentieth century began to apply the laws which have been on the statutes for centuries to all Americans. Discrimination on the grounds of race, color, religion and sex can not be legally justified anymore. This important factor now provides legal rights and new protection to Native Indians. "
Abstract The military history of British involvement in India began, fully, in 1857 when Indian forces staged a revolt against the British East India Company. The Indian army began as an indigenous force run by British officers. The British role in India, far surpassed the history of British Imperialism anywhere else in the world.
