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Thomas Jefferson And The Marshall Court Summary

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The document “Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court” is a historical journal article written in 2006. It was published in the thirty first volume of the Journal of Supreme Court History, a popular historical journal focusing on the history and actions of the Supreme Court. It was written by Stephen G. Bragaw, Ph.D., a Visiting Professor of Politics at Washington and Lee University. He has published numerous articles and papers, and has extensive experience in American History and Politics. The Journal of Supreme Court History is a historical journal that is very popular among historians, those interested in the history of the Supreme Court, and most likely also modern politicians …show more content…

Tho document specifically focuses on the aforementioned interactions during the presidency of Thomas Jefferson, and also addresses his political policy towards the Native Americans, both as Secretary of State under George Washington, and later as president. Jeffersons policies towards the Natives changed drastically throughout his political career. As Secretary of State, he called for Native American sovereignty and independence and was an outspoken supporter of Native American rights. However, as president he layed the foundation of what would later become the large scale Native American immigration in later years, and was a working proponent for Native American removal. The document speaks in depth on international law, especially as it relates to such widespread ideals such as land rights and right of conquest. It seems that Jefferson was in favor of right of conquest, and only put on an air of the inverse during his time as Secretary of State in order to gain favor as the United States’ Ambassador; however, later during his presidency, Jefferson did show his true colors with his plans for Native American displacement, and became one of the main

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Chapter 9 The Jefferson Era was between 1800 and 1816. It started with The Federalist and Republican Parties fighting an election campaign in 1800. Federalists supported President Adams and Charles Pinckney for vice president. Republicans nominated Thomas Jefferson for president and Aaron Burr as his running mate.

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The document, Thomas Jefferson’s secret message to Congress about the Lewis and Clark expedition in 1803, tells us about Jefferson’s views of westward expansion and Native Americans. Jefferson really liked the idea of westward expansion; in addition, he saw the remarkable opportunities associated with it. Jefferson believed that the Native Americans could be coaxed into willingly giving up their land. The Americans were more deserving of Indian territories in the eyes of Jefferson, so he wanted to change their minds and get the Natives to hand over their land. Jefferson wanted to utilize two tactics to achieve this goal.

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Native groups often took land and materials from weaker groups whenever it suited them. They understood the concept of ownership by conquest. From the time the first settlers landed on Turtle Island [America], the Natives were pushed from their home. In 1783, George Washington wrote a letter to James Duane, outlining principles of the Indian Policy of the Continental Congress. Washington outlined ‘an enlightened People’ would consider the Native to be deluded and that “as the country is large enough to contain us all; and as we are disposed to be kind to them and to partake in their trade…we will draw a veil over what is past and establish a boundary line between them and us beyond which we will endeavor to restrain our People from Hunting or Settling” (4).

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John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

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Some people might say otherwise due to the fact that they killed an Indian; however they killed him because he stole their gun. Nowhere in Lewis’ diaries does it speak of any violent actions towards the Natives apart from the one that was killed for stealing the gun. The killing of this Indian can be justified due to the fact that they told them that if they were to be civil, no harm would be done. Similarly, in Jefferson’s letter it states, “...we will receive, instruct and take care of them. [influential chefs and young people]” If Jefferson had instructed them to do something, they would do it.

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Thomas Jefferson was a strict constructionist and the Constitution was silent about acquiring lands from other countries therefore Jefferson saw to approve a constitutional amendment to resolve the issue and satisfy his own interpretational beliefs but the Senate did not agree. For $15 million France offered the U.S. the entire Louisiana territory which was more than 800,000 acres from Louisiana to the Rockies and beyond and the two American ministers sent to negotiate the land deal seized the opportunity but went beyond their mandate of only negotiating for $10 million . While the incorporation of these new lands was a benefit and opportunity for the United States to grow in power and size, Jefferson had still qualms about its constitutionality.

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Thomas Jefferson Thomas "Tom" Jefferson died peacefully at his home on July 4, 1826 in Monticello, Virginia at the age of 83. Thomas is survived by his children, Martha Jefferson Randolph, Eston Hemings, and Madison Hemings. He is preceded in death by his wife Martha Jefferson, Parents Jane and Peter Jefferson, and Children Mary Jefferson Eppes, Lucy Elizabeth Jefferson, Jane Jefferson, and Peter Jefferson. Thomas Jefferson was born on April 13, 1743 in Shadwell, VA to Jane and Peter Jefferson. He graduated from William and Mary in 1763 with a degree in Law.

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Andrew Jackson is known for being a major advocate for the superfluous removal of the Native American tribes. Jackson was being oblivious when he decided that he should ignore the treaties signed with the natives. The president was exhibiting selfishness and naïveté by confiscating the lands of the natives, to which they rightfully owned. Jackson had forced the “five civilized tribes,” which were natives who had adopted their neighbor’s ideas. These tribes were forced to make a long and perilous journey to the west of the Mississippi River.

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The president during the enforcement of the Indian removal act, Andrew Jackson, thought that the indigenous people were less civilized and moral than the settlers, although many of the tribes had adapted to the European lifestyle. He did not believe that the more “civilized” people should live alongside the indigenous people. When congress passed the Indian removal act in 1830 that stated that it was legal to force indigenous people off of their land, he fully enforced it, pushing tribes west. When there was an auction of Cherokee land, he claimed he couldn 't do anything to stop it, but he didn 't truly want to. The indigenous people wanted to coexist in peace, as Red Jacket stated, “‘You have got our country but are not satisfied; you want to force your religion upon us….

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The actions of the United States government toward Native tribes have changed drastically over the course of American history. The pre-Civil War (1776-1860) period was characterized by a policy of displacement, removal, and assimilation of Native tribes as the United States sought to expand its territories. After the Civil War (1864-1890), the government adopted a policy of reservation-based Native self-determination, which allowed Native tribes to retain their autonomy and cultural identity. In the pre-Civil War period, the government’s treatment of Native tribes was largely based on the Doctrine of Discovery.

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Throughout the 19th century Native Americans were treated far less than respectful by the United States’ government. This was the time when the United States wanted to expand and grow rapidly as a land, and to achieve this goal, the Native Americans were “pushed” westward. It was a memorable and tricky time in the Natives’ history, and the US government made many treatments with the Native Americans, making big changes on the Indian nation. Native Americans wanted to live peacefully with the white men, but the result of treatments and agreements was not quite peaceful. This precedent of mistreatment of minorities began with Andrew Jackson’s indian removal policies to the tribes of Oklahoma (specifically the Cherokee indians) in 1829 because of the lack of respect given to the indians during the removal laws.

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