Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court

The Cherokee Removal Cases — Cherokee Nation v. Georgia ¹ and Worcester v. Georgia ² —stand as the dramatic last act of the Marshall Court era. Thomas Jefferson was long dead by the time of the removal of the American Indians from the land north and south of the Ohio River. Yet in many ways the Cherokee Removal Cases that bedeviled Marshall in his final years on the Court were Jefferson's revenge, the first bitter fruits of policies adopted during his presidency that created the political and legal environment for the Indian Removal Act of 1830 and the Cherokee Nation litigation itself. This Jeffersonian legacy is ironic, given that Jefferson as a scholar, diplomat, and Secretary of State was an ardent supporter of Indian sovereignty and eventual citizenship. Yet these views were subordinated during his presidency to concerns of what we would term "national security," to preserve the Union, and to advance the interests and needs of his political party.     

Diehard Conservatism,Mass Democracy,and Indian Constitutional Reform,c.1918–35

This article explores the Conservative Party crisis over India to examine the relationship between diehard Conservatives and Britain's emerging democracy. Far from rejecting democracy outright, diehard rhetoric and mass communication demonstrates how they adapted to it and utilised it in pursuit of their objectives. The accommodation of diehard Conservatism within the Conservative Party was a necessary and mutual embrace. Contrary to popular image, it promoted Conservative unity and contributed to the party's remarkable electoral success. Unable to exact decisive victories, the capacity of diehard Conservatives to generate party crises over imperial questions, among grass‐roots and back‐bench Conservatives, ensured that they had a role in shaping the presentation and content of party policy. This had implications for leadership efforts to liberalise the party, and also popular perceptions of British imperialism and the feasibility of democracy in India.