The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases (Indigenous Peoples and the Law)

The Literary And Legal Genealogy Of Native American Dispossession Offers A Unique Interpretation Of How Literary And Public Discourses Influenced Three U.s. Supreme Court Rulings Written By Chief Justice John Marshall With Respect To Native Americans. These Cases, Johnson V. M’intosh (1823), Cherokee Nation V. Georgia (1831) And Worcester V. Georgia (1832), Collectively Known As The Marshall Trilogy, Have Formed The Legal Basis For The Dispossession Of Indigenous Populations Throughout The Commonwealth. The Trilogy Cases Are Usually Approached As ‘pure’ Legal Judgments. This Book Maintains, However, That It Was The Literary And Public Discourses From The Early Sixteenth Through To The Early Nineteenth Centuries That Established A Discursive Tradition Which, In Part, Transformed The American Indians From Owners To ‘mere Occupants’ Of Their Land. Exploring The Literary Genesis Of Marshall’s Judgments, George Pappas Draws On The Work Of Michel Foucault, Edward Said And Homi Bhabha, To Analyse How These Formative U.s. Supreme Court Rulings Blurred The Distinction Between Literature And Law. -- Back Cover. Part I. Theoretical Foundations And The Marshall Trilogy Cases -- Theoretical Framework -- The Marshall Trilogy Cases: An Overview -- Colonial Knowledge: A Unity Of Discourses -- Part Ii. Refining The Native American -- Theory Of Discourse In A Colonial Context: Edward Said And The American Eighteenth Century Literary Archive -- The Discourse Of The Vanishing Indian In Literature -- Fenimore Cooper’s The Last Of The Mohicans -- The Wilderness In American Art And Literature -- Part Iii. Resistance To Colonial Discourse -- Law And Literature -- Cherokee Resistance: Mimicry As Deception. George D. Pappas. Includes Bibliographical References And Index. THE LITERARY AND LEGAL GENEALOGY OF NATIVE AMERICAN DISPOSSESSION 2 INDIGENOUS PEOPLES AND THE LAW 3 TITLE 4 COPYRIGHT 5 CONTENTS 6 ACKNOWLEDGMENTS 7 INTRODUCTION 9 STRUCTURE OF RESEARCH 10 NOTE 11 PART I THEORETICAL FOUNDATIONS AND THE MARSHALL TRILOGY CASES 12 1 THEORETICAL FRAMEWORK 13 MICHEL FOUCAULT: DISCOURSE AND DISCURSIVE FORMATIONS 13 DISCOURSE AND DISCURSIVE FORMATIONS 14 FROM FORMATION TO DISPERSAL 16 THE RESEARCH 19 LAW AND LITERATURE: KNOWLEDGE AND POWER 21 THE STRUCTURE OF LEGAL JUDGMENT 23 UNITY OF COLONIAL DISCOURSES 25 NOTES 26 2 THE MARSHALL TRILOGY CASES: AN OVERVIEW 28 THE DOCTRINE OF DISCOVERY 28 JOHNSON V. M’INTOSH (1823) 31 CHEROKEE NATION V. GEORGIA (1831) 35 WORCESTER V. GEORGIA (1832) 37 THE CONSTITUTIONAL AND POLITICAL CONTEXT OF THE MARSHALL CASES 40 THE VIRGINIA–KENTUCKY MILITIA BOUNTY PROBLEM 43 FEDERALISM 45 EXAMPLES OF THE FEDERALISTS’ INTERPRETATION 47 NOTES 50 3 COLONIAL KNOWLEDGE: A UNITY OF DISCOURSES 52 THE STRUCTURE OF LEGAL JUDGMENT 53 NOTES 61 PART II REFINING THE NATIVE AMERICAN 62 4 THEORY OF DISCOURSE IN A COLONIAL CONTEXT: EDWARD SAID AND THE AMERICAN EIGHTEENTH-CENTURY LITERARY ARCHIVE 63 CULTURE, IMPERIALISM AND EDWARD SAID 65 SAID’S USE OF DISCOURSE TO LOCATE THE OTHER 67 LITERARY LENSES EXPLAIN METROPOLITAN DOMINANCE 71 ART AND THE CONQUEST OF THE AMERICAS 73 THE MARSHALL TRILOGY AS LITERATURE: THE INSIGHTS OF LAW AND LITERATURE SCHOLARSHIP 74 DISCOURSE IN THE WORKS OF EDWARD SAID 76 THE EIGHTEENTH-CENTURY AMERICAN LITERARY ARCHIVE 76 AMERICAN LITERARY SOURCES AFTER 1776 77 EARLY NINETEENTH-CENTURY PUBLIC DISCOURSE 81 NOTES 84 5 THE DISCOURSE OF THE VANISHING INDIAN IN LITERATURE 85 NOTES 90 6 FENIMORE COOPER’S THE LAST OF THE MOHICANS 92 RACE 96 EARLY MODERN ENGLISH: A TOOL OF COLONIALISM? 102 NOTES 106 7 THE WILDERNESS IN AMERICAN ART AND LITERATURE 107 DISCOURSE THEORY AND THE AMERICAN WILDERNESS 107 THE WILDERNESS 108 THE GENRE OF LAW 110 EARLY AMERICAN LITERARY DISCOURSE AND THE WILDERNESS THEME 111 THE CHANGING NATURE OF THE WILDERNESS THEME FROM THE DARK AND BARREN TO THE SUBLIME 115 THE SUBLIME IN EARLY AMERICAN LITERATURE 122 ART AS DISCOURSE IN THE WILDERNESS CONCEPTION 127 CONQUEST: CLASSIFYING THE WILDERNESS 130 NOTES 134 PART III RESISTANCE TO COLONIAL DISCOURSE 136 8 LAW AND LITERATURE 137 LITERATURE IN LAW 139 LAW AS LITERATURE 140 DEPARTURE FROM THE LAW “AS” OR LAW “IN” LITERATURE MOVEMENT 142 LAW AND AESTHETICS 145 LEGAL ORIENTALISM 148 NOTES 149 9 CHEROKEE RESISTANCE: MIMICRY AS DECEPTION 151 CHEROKEE RESISTANCE 153 SAID AND BHABHA: ORIENTALISM TO MIMICRY 154 THE NATURE OF CHEROKEE RESISTANCE 161 LOCI OF CHEROKEE RESISTANCE 162 POLITICAL REPLICATION AS RESISTANCE 163 JUDICIAL RESISTANCE 165 THE CHEROKEE SUPREME COURT 167 AMERICAN AMBIVALENCE TO CHEROKEE RESISTANCE 168 JEFFERSON’S QUEST FOR INDIAN LAND 168 JOHN MARSHALL’S ANXIETY IN LEGAL DISCOURSE 172 JACKSON’S HUMANE THEME 173 NOTES 174 CONCLUSION 176 REFLECTIONS ON JOHNSON 176 MOVING FORWARD 177 REVOKE THE PAPAL BULLS 181 JOHNSON ALIVE AND WELL 183 NOTES 185 BIBLIOGRAPHY 187 INDEX 200 The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, "Johnson v. M Intosh "(1823), "Cherokee Nation v. Georgia "(1831) and "Worcester v. Georgia "(1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as pure legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to mere occupants of their land. Exploring the literary genesis of Marshall s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law." This volume offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as 'pure' legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to 'mere occupants' of their land. Exploring the literary genesis of Marshall's judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyze how these formative U.S. Supreme Court rulings blurred the distinction between literature and law