...between Worcester and Georgia occurred in September 1831. The 2 parties were Samuel A. Worcester verses the State of Georgia. The reason for the case was that Worcester and several other individuals were found multiple times within the Cherokee nation without a license and they also didn’t take the oath to support and defend the constitution and laws of the State of Georgia. Worchester opposed the laws because he didn’t believe that Georgia could not maintain the prosecution of the Cherokee nation because it violated the constitution and treaties between the US and the Cherokee nation. (oyez.org) Samuel Worchester is a native or Vermont and was a minister with the American Board of Commissioners for Foreign Missions. The board sent Worchester on a mission in the Cherokee nation in Brainerd, Tennessee. He was then transferred to the capital city of New Ecota in Georgia where he was tasked with...
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...The Trail of Tears In the early 1800’s, The United States was a young, but ambitious nation. Despite being a more primitive period in time, there was still the modern day lust for land and wealth. Native Americans occupied the land early Americans desired. In spite of attempts by the Native Americans to acclimate to American society, they were still forced from their tribal lands. Their treacherous journey west became known as The Trail of Tears. This forced mass exodus has left a blemish on the legacies of both President Andrew Jackson and America. The Trail of Tears was the path the Native Americans were forced to take from the southeastern United States to west of the Mississippi River. The entire length of this forced journey was...
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...In 1830, Congress passed the Indian Removal Act. This act called for the removal of five civilized tribes from their home in southeastern United States to move to the west. The Indian Removal Act was supported by Jackson and the majority of whites. Jackson felt that Indian groups presented a problem for state sovereignty and white citizens supported the act because the Cherokee in Georgia had rich agricultural lands and gold that they wanted. Although the Cherokee adopted white culture by practicing Christianity and owning slaves, the whites believed that the Cherokee were "incapable of becoming full citizens of the...
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...The entirety of the current doctrine of American Indian Law is based on the opinions written by Chief Justice Marshall in the cases of Johnson v. McIntosh, Cherokee Nation v. Georgia and Worcester v. Georgia. These cases, often referred to as the Marshal Trilogy, determined to what extend Native Americans have rights in light of their conquered status. Four principals manifest within the Marshal opinions, (1) congressional plenary power; (2) diminished tribal sovereignty; (3) the trust doctrine; and (4) the canons of construction (Kaldawi, 2016). In 1823, the first of the three cases, Johnson v. McIntosh was heard. The history behind the Johnson v. McIntosh complaint was a dispute over several tracts of land, purchased in the states of Illinois and Indiana, by the Wabash Land Companies on behalf of Johnson and also purchased by the federal government and then later sold by the federal government to the McIntosh family. Unfortunately, there was conflict as both parties, Johnson and McIntosh, said they owned the same parcels of land. Today there is question as to whether or not the purchases themselves were ever even legal (Kades, 2001). Chief...
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...One thing that continued throughout history from the Trail of Tears was the attempt at land possession. The Native Americans were very worried that the United States would infringe upon their agreements and takeover their promised lands. According to Perdue and Green, various reasons accounted for Indian complaints, including the states that pushed for the intrusion of Indian lands and the defense against Indian retaliation to protect their homes. Georgia encourages their citizens to invade and inhabit the Native lands. This caused much controversy. These encouragements directly contravened the treaties that promised the rights to the land to the Natives (Perdue 24). One example of Indian-American conflict in Georgia was the infringement...
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...Many Presidents before President Jackson wanted the Indians removed, but Jackson actually did it. Instead of just labeling him a racist or greedy. Let’s look at why he did it. Was there pressure from others inside and outside the government to remove the Indians? Although President Andrew Jackson was the first of a list of prior presidents to succeed in the removal of the Native Americans, one cannot completely assume his motives were not selfish ones. Not only for him but for the people in his favor, the common man. In the past, it may have seemed like a respectable decision but present day it may not be seen as such. The land owned by the Native Americans were valuable, which could be put to good use by the white planters and farmers...
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...control over a large portion of Alabama and Florida, along with parts of Georgia, Tennessee, Mississippi, Kentucky, and North Carolina. In 1830, President Jackson helped pass the “Indian Removal Act.” The act gave the president the power to negotiate treaties with the Indian tribes that lived east of the Mississippi. The removal was supposed to be peaceful, but some of the southeastern tribes resisted and Jackson forced them to move. Out of the Creeks, Chickasaws, Choctaws, and Cherokee it can be argued that the Cherokee had it the hardest. The Cherokee were tricked into signing the Treaty of New Echota. Led by Chief John Ross, the Cherokee signed a petition protesting the treaty, but the Supreme Court ignored them and ratified the treaty in 1836. The government gave the Cherokee two years to migrate, and by 1838 only 2,000 of 18,000 of the tribe members migrated. The government sent in about 7,000 troops that forced the Cherokee to move and march thousands of miles without giving them time to gather any of their belongings. This was known as the Trail of Tears which led to around 4,000 Cherokee people dying from cold, hunger, and disease. The state of Georgia passed five laws that restricted Cherokee authority over their land. One of the laws required all whites living in Cherokee Indian Territory to obtain a state license to live there. Samuel Worchester was a missionary who lived in Georgia, he was also postmaster of the Cherokee capitol New Echota, and he opposed...
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...PROJECT: THE TRIAL OF ANDREW JACKSON Adapted from a simulation by Eric Rothschild Andrew Jackson the seventh President of the United States under the Constitution, has been impeached in the House of Representatives (not really, this is fictional – JACKSON WAS NOT REALLY IMPEACHED). He will go on trial in the U.S. Senate on July 1, 1838. Here are the charges against Jackson: • Violating the rights of Native Americans, especially in his treatment of the Cherokee and Creek Indians • Stepping on state’s rights in his economic policy and his behavior in the nullification crisis • General bad character You will work in groups I assign for the trial. Here are the group assignments: 1. Prosecution Indictment #1 (arguing against Jackson) 2. Prosecution Indictment #2 (arguing against Jackson) 3. Defense Team Indictment #1(arguing for Jackson) 4. Defense Team Indictment #2(arguing for Jackson) 5. Andrew Jackson, witness for the defense Indictment #1: President Jackson violated states rights in his dealings with South Carolina in the nullification crisis. 6. Witness group: South Carolinian Nullifiers led by John C. Calhoun 7. Witness group: Opponents of Nullification Indictment #2: President Jackson violated laws, treaties, and court orders in his dealings with Native Americans. 8. Witness group Native Americans led by Osceola 9. Witness group: Supreme Court led by John Marshall Each group will be...
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...the Indians. Jacksonian era fought for the common man. Many of the common (working class) people was very satisfied with Jackson’s attempts to protect their equality of economic opportunity from the wealth. He was true person to many of the common people mention in the “The Working Men’s Declaration of Independence”. The author claims that “all men are created that they are endowed by their creator with certain unalienable rights…” (Doc A). Working men viewed Jackson as a true representative to his ideals. There was a lot of support to Jackson as a true democrat for the common people. In 1837, Chief Justice Roger B. Taney, handpicked by Jackson, demonstrated that Jackson stayed true to his ideals. Such as the case of Charles River Bridge V. Warren Bridge of 1837 brought equality of economic opportunity (Doc H). The case involved a monopoly of the Charles River Bridge crossings resolved by a new enterprise and couldn’t be restrained by implied privileges under the old charter. As Taney’s stated, “While the rights of private property are sacredly guarded and not forget about that the community also have rights...” But for women, slaves, and minorities still had no right to vote or type of democratic standards during the time period. Established in 1816, Second Bank of the...
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...Andrew Jackson’s historical legacy is one covered with controversy, with historians and others taking the position of either high praise, or high negativity with no medium - people either like him or loathe him, there’s no in-between. Following Jackson’s death in 1845, he has acquired several accolades that could be used to determine whether he had an impact on history during his presidencies. Firstly, he appears on the $20 bill, one of only a few influential historical figures who have also made it on the American currency - the fact that he shares such an exclusive position alongside the likes of George Washington, Thomas Jefferson and Abraham Lincoln, all indisputably influential and important figures in American history, means that he must have had a successful presidency. Secondly, he ranks fifth in the all-time most influential presidents list, which is high praise indeed considering there has been 43 other presidents. This essay will aim to examine the positives and negatives of Andrew Jackson’s presidencies and whether he is deserving of his historical legacy which places him fifth in the all time most influential presidents. Jackson was the first man of so called ‘low birth’ to be elected as President. Jackson, having failed to win the 1824 election despite winning the plurality of the popular and electoral vote, and infuriated by Clay and Adam’s ‘Corrupt Bargain’, came back stronger for his running in the 1828 election. By this election, white men of all backgrounds...
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...Andrew Jackson, an American Tyrant. As the president of the United States, Andrew Jackson exercised his power in a cruel, arbitrary, and unreasonable way. This abuse of power makes Andrew Jackson a tyrant. Many of the actions Jackson took as president of the United States prove Jackson was not democratic leader. First, Jackson vetoed congress and abolished the bank of the United States. Second, Jackson used the “Spoils System” to give his party and himself more power. Finally, Jackson removed thousands of Native Americans from their land illegally, and forced them onto unsettled land out west. Andrew Jackson once said, “I cannot be intimidated from doing that which my judgment and conscience tell me is right by any earthly power.” This statement shows Jackson’s attitude was one of a tyrant, not a democratic leader. The Bank of the United States was started in 1816 to restore a sound fiscal condition after the War of 1812. The bank was operated and managed by both private and public officials. The bank provided public services such as transferring government funds around the country and functioning as a depository for the Treasury.(a) The bank had a reputation of being responsible with it’s money and was generally popular among state bankers. The fact the Bank of the United States was popular among it’s competition (State bankers) speaks to how well it was run and the positive impact it had on the economy of America. There was however many Americans that...
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...Summarize the Age of Jackson and his war with the Bank and their importance including the party machine, Democrats and Whigs, public and private freedom, South Carolina and Nullification, Calhoun’s political theory, the Nullification crisis, Indian removal, the Supreme Court and the Indians, Biddle’s bank, pet banks, the economy, and the panic of 1837. Although winning the most electoral and popular votes during the presidential election of 1824, Andrew Jackson lost the race to John Quincy Adams. The election of 1824 laid the ground work for a new system of political parties. In 1828, Van Buren, established the political apparatus of the Democratic Party, complete with local and state party units overseen by a national committee and network of local newspapers devoted to the party and to the election of Andrew Jackson. During the election, Jackson’s supporters made few campaign promises, relying on their candidate’s popularity and the working of party machinery to get the vote out. Nearly 57 percent of the eligible electorate cast ballots, more than double the percentage four years earlier. Jackson won a resounding victory, carrying the entire South and West, along with Pennsylvania. His election was the first to demonstrate how the advent if universal white male voting organized by national political parties, had transformed American politics. Andrew Jackson had little formal education and was a man of many contradictions. He held a vision of democracy that excluded any...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...1 CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VII CHAPTER VIII CHAPTER IX CHAPTER X CHAPTER XI CHAPTER XII CHAPTER XIII CHAPTER XIV CHAPTER XV CHAPTER XVI Chapter XVIII CHAPTER XVII CHAPTER XVIII CHAPTER XIX CHAPTER XX CHAPTER XXI CHAPTER XXII CHAPTER XXIII CHAPTER XXIV CHAPTER XXV CHAPTER XXVI CHAPTER XXVII CHAPTER XXVIII CHAPTER XXIX CHAPTER XXX CHAPTER XXXI The Art of Public Speaking BY 2 The Art of Public Speaking BY J. BERG ESENWEIN AUTHOR OF "HOW TO ATTRACT AND HOLD AN AUDIENCE," "WRITING THE SHORT-STORY," "WRITING THE PHOTOPLAY," ETC., ETC., AND DALE CARNAGEY PROFESSOR OF PUBLIC SPEAKING, BALTIMORE SCHOOL OF COMMERCE AND FINANCE; INSTRUCTOR IN PUBLIC SPEAKING, Y.M.C.A. SCHOOLS, NEW YORK, BROOKLYN, BALTIMORE, AND PHILADELPHIA, AND THE NEW YORK CITY CHAPTER, AMERICAN INSTITUTE OF BANKING THE WRITER'S LIBRARY EDITED BY J. BERG ESENWEIN THE HOME CORRESPONDENCE SCHOOL SPRINGFIELD, MASS. PUBLISHERS Copyright 1915 THE HOME CORRESPONDENCE SCHOOL ALL RIGHTS RESERVED TO F. ARTHUR METCALF FELLOW-WORKER AND FRIEND Table of Contents THINGS TO THINK OF FIRST--A FOREWORD * CHAPTER I--ACQUIRING CONFIDENCE BEFORE AN AUDIENCE * CHAPTER II--THE SIN OF MONOTONY DALE CARNAGEY * CHAPTER III--EFFICIENCY THROUGH EMPHASIS AND SUBORDINATION * CHAPTER IV--EFFICIENCY THROUGH CHANGE OF PITCH * CHAPTER V--EFFICIENCY THROUGH CHANGE OF PACE * CHAPTER VI--PAUSE AND POWER * CHAPTER VII--EFFICIENCY THROUGH INFLECTION * CHAPTER VIII--CONCENTRATION IN DELIVERY...
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...C h a p t e r 1 Prewriting GETTING STARTED (OR SOUP-CAN LABELS CAN BE FASCINATING) For many writers, getting started is the hardest part. You may have noticed that when it is time to begin a writing assignment, you suddenly develop an enormous desire to straighten your books, water your plants, or sharpen your pencils for the fifth time. If this situation sounds familiar, you may find it reassuring to know that many professionals undergo these same strange compulsions before they begin writing. Jean Kerr, author of Please Don’t Eat the Daisies, admits that she often finds herself in the kitchen reading soup-can labels—or anything—in order to prolong the moments before taking pen in hand. John C. Calhoun, vice president under Andrew Jackson, insisted he had to plow his fields before he could write, and Joseph Conrad, author of Lord Jim and other novels, is said to have cried on occasion from the sheer dread of sitting down to compose his stories. To spare you as much hand-wringing as possible, this chapter presents some practical suggestions on how to begin writing your short essay. Although all writers must find the methods that work best for them, you may find some of the following ideas helpful. But no matter how you actually begin putting words on paper, it is absolutely essential to maintain two basic ideas concerning your writing task. Before you write a single sentence, you should always remind yourself that 1. You have some valuable ideas to tell your reader,...
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