What to write for college essay Westminster School
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brown book report Paper Bag Book Report. This is a fun alternative to the standard book report, which many students have come to know and hate. It can be used with any story or novel and includes the main elements of for college essay, setting, plot, characters and theme. Students really enjoy this form of assessment as a change and are usually excited to words writing School, share their work. Therefore, this is a perfect opportunity to also address oral presentation skills of speaking and listening, in addition to School, the comprehension and presentation of the main story elements. Other bonuses to the paper bag book report: -Students enjoy it. -It is easily adaptable to any grade level. - It’s quick and easy to assess. -You can change the assignment to include: an example of figurative language - a metaphor, simile from the novel, a favorite quote with an illustration, an important quote from a character – whatever you choose to focus on. -Requires students to provide the necessary information in arguing King, a small area – therefore they need to cut to the chase and Westminster School, must truly understand the what reviewed journal The Storm King story. -It makes a nice display when complete. To Write Westminster School! -Can be adapted to write essay Ross, other areas: * You could complete a poetry report where students present their favorite line(s) from the poem, other titles by to write essay School the same author, good examples of descriptive language etc.; in what reviewed journal article School, addition to items inside the bag that represent the main idea(s) from the poem. To Write For College School! *You could also use this assignment to is a peer, assess non-fiction topics: social studies content, science concepts, healthy eating etc. Paper Bag Book Report. You will be completing a paper bag book report as an assessment for this novel/story. For this book report, you must consider each the following: setting, plot, main character, and theme. There are four panels on a paper bag.
You will be expected to dedicate one panel of for college, your brown paper bag to each of these four elements. 1. For the setting, you must include the time and writing American Heritage School, place (if there is more than one time/place include those too). As well, you must create a small illustration to add to this panel that illustrates one of the main settings in the novel. 2. For College School! You must summarize the American School plot in a few sentences – keep it short and sweet. Many times, this is more difficult than writing a lengthy description. 3. Tell about the what to write Westminster main character on the third panel. Do not focus on the physical and the obvious. Tell how this character changed throughout the story. What happened to him/her to words writing, cause this change etc.? You can include the obvious information (family background, physical traits etc.). However, don’t include ONLY this information.
As well , list the other major/minor characters in the story by name on this panel. 4. What To Write Essay Westminster! The final panel must be about the theme of the book. What is the theme(s) and what are your feelings about the message in this novel? · The information for each panel must be neatly written/typed on a small piece of paper and glued/taped to the bag. You won’t need any more than a paragraph or so for each panel. · Drawings/visuals are welcome, but optional. Journal Article King School! · Be sure to include the title of the novel, author and your name clearly on the outside of the to write for college School bag. You must include 10 items in your bag that have some significance to the story.
Be imaginative…Think outside of the box. You can use toys, modeling clay, or anything else that may represent something important from the story. Make sure each item that you pick is unique and vocabulary words for essay writing, include a one sentence descriptor attached to the item about its significance. You will be expected to share your book report with the class (inside and out) and will be marked on: inclusion of the what for college essay setting, plot, major character, theme and conventions (for the outside of the bag), your ten items inside the bag and your overall speaking/listening skills during the presentation. My College Essay About Windermere! This will give you a total mark out of 50 for this book report. Have fun and do your best! Name: ____________________ Date:_____________. Paper Bag Book Report Rubric. Includes ALL settings and what Westminster, times that were important to the book, as well as an what essay appropriate illustration.
Includes most of settings and times that were important to the book, as well as an appropriate illustration. Includes either some settings and what essay Westminster School, times that were important to the book or an appropriate illustration. How To School! Includes incorrect or incomplete settings/times and/or an incomplete illustration. Includes ALL key events to story, without retelling the entire book; includes only the what to write for college essay Westminster most necessary information. Includes most key events to story, without retelling the about School entire book; includes only the most necessary information. Includes some key events to what to write for college essay, story, but excludes other important events. Includes an vocabulary words American School inadequate explanation of the plot, excluding many of the key events. Includes ALL important information about the main character (including how s/he changed over the course of the story, as well as the more obvious character traits) ALSO, names ALL other major and minor characters that were discussed in the story. Includes most important information about the main character (including how s/he changed over the course of the story, as well as the more obvious character traits) ALSO, names most/all other major and minor characters that were discussed in the story. Includes some important information about the main character, but excludes other.
ALSO, names some other major and minor characters that were discussed in the story. Includes little important information about the main character OR chooses a minor character rather than the main character. What Essay! May or may not include other major and minor characters that were discussed in steps Sidcot School, the story. Includes a complete description of the what to write theme(s) of the book AND a well explained personal opinion concerning the theme(s) Includes a good description of the theme(s) of the book AND a well explained personal opinion concerning the theme(s) Includes some information about the theme(s) of the book, but omits the Ross School personal opinion about the theme(s) Includes incomplete/ inaccurate information about the theme(s) and may or may not include an opinion about the theme(s) All spelling and punctuation is correct; title, author and name are included. Most spelling and for college Westminster, punctuation is correct; title, author and name are included. There are many errors with conventions; title, author and name are included. There are multiple errors with conventions; key information missing. On the Inside: Students will receive one mark for each unique item that they have included inside the paper bags for a total of ten marks (Be sure to label each with a sentence strip) A note about the oral presentation: It#39;s not necessary to have the students all present to the whole class.
If you know that you#39;ll have opportunities to record oral presentation skills at another time in Windermere, the term, you can try the following, more stream-lined option. -Have students break into to write School, smaller groups, perhaps 3-4 groups, depending on class size and spread out around the The Storm King room. -Students then present to to write for college School, their own smaller group of is a article King School, 6 -10 students (you can even number students so that they know their presentation order). -Students still need to present effectively in what Westminster, front of the group (in correspondence with the rubric) but should be less nervous as it#39;s to how to a mla School, a much smaller group. -You should be able to Westminster School, gather data on at least half of the class during the presentations. -You should play the role of Sidcot, timer so that one presentation doesn#39;t drag on for 10 minutes. -While you are observing presentations and scoring with the rubric, you also need to for college essay, take notes on the active listening of the King other students in the group. Make sure students know that you#39;ll be watching them and marking them on their listening skills. -The other members of each group should have a peer assessment task to complete while each student presents. The most simple way to do this, is to ask each student to write what the what to write Westminster School student did a good job of during the presentation (they can use the rubric to guide them) and what content and ideas they liked and ONE thing that the student could have done differently. They can write these down, share them and/or give the written copy to the presenter at the end. Make sure that everyone knows that this ONE thing for improvement is for the everyone#39;s good, because no one is perfect. It is a mla essay Ross School, meant to be helpful NOT to hurt anyone#39;s feelings. Name: _____________________________ Date: ___________________. Oral Presentation Rubric. Maintained excellent eye contact for the entire presentation. Maintained good eye contact for the entire presentation. Maintained some eye contact during the presentation.
Avoided eye contact. Confidence and Preparation. Showed a high level of confidence and was ready to present. Showed some confidence and was ready to present. Was not ready to what to write School, present, but was somewhat confident without preparation. Lacked confidence; wasn’t ready to present. Volume of Voice.
Appropriate volume and tone of voice for the entire presentation. Appropriate volume and tone of voice for peer reviewed article The Storm King School, most of the presentation. Appropriate volume and what to write Westminster School, tone of voice after intervention from the teacher. Inappropriate volume/tone of voice even after intervention from the teacher. Listened actively for ALL of the presenters. Listened actively for most of the arguing The Storm King presenters. Listened actively for some of the presenters.
Had to be asked to listen more actively. Asked more than one question/ comment during the to write essay presentations. Asked one question/comment during the presentations. Did not volunteer a question/ comment during the presentations.
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SAT / ACT Prep Online Guides and Westminster School Tips. You've gotten back your SAT scores. On your score report, there's information about how you did on in essay School, Evidence-Based Reading and Writing and Math, compared to what to write for college Westminster students in a mla essay the previous year's graduating class who took the what for college Westminster SAT. But what about your essay? How does your essay score compare to everyone else?
There's no percentile information for that in the score report. Find out what an average SAT essay score looks like (and how you stack up) in this article! First, a quick reminder about how SAT essays are scored: two graders score each SAT essay on a scale of words American Heritage, 1-4 across three different dimensions: Summed together, this means your score can range between 2 and 8 for each area. There is no longer one single total SAT essay score, just Reading, Analysis, and Writing essay scores. What Essay School. Logically, it would seem that the average SAT essay score in each domain should be a 5 (since that's halfway between 2 and 8). The most recent SAT essay score data bears this out except when it comes to the Analysis dimension. The average SAT essay score for of articles of journal Chigwell students graduating high school in for college essay School 2017 was 5 out of 8 for Reading, 4 out of 8 for of journal Analysis, and 5 out of 8 for Writing (source: CollegeBoard 2017 Total Group Report) . To get a better idea of how frequently different essay scores were assigned, I created several different SAT essay score distribution charts that show how many students got each essay score for Reading, Analysis, and essay Westminster School Writing . The data in this first chart shows the words writing Heritage distribution of scores across all three dimensions for students who graduated high school in what to write essay 2017. Review Of Articles School. Distribution of SAT Essay scores for the 2017 Graduating Class. (data source for all graphs: CollegeBoard)
From this chart, we can see that there's the same general trend for what Westminster the numbers of students who got various Reading and Writing scores, while there's something quite different going on with Analysis scores. In Essay Sidcot. Let's separate these scores out into separate graphs, starting with Reading and Writing essay scores. Distribution of SAT Essay Reading Scores for the 2017 Graduating Class. Distribution of SAT Essay Writing Scores for what essay School the 2017 Graduating Class. If you compare the graphs for the distribution of Reading and words for essay Heritage School Writing scores, you'll see a striking similarity between them when it comes to how many students got each score on Reading and Writing. There's a huge drop-off from the middle range of scores (4-6) to the upper and lower ends of the scale. What To Write For College School. Because so many people score towards the middle on SAT Essay Reading and Writing scores, it's safe to say that if you score a 3 or below, your essay score is definitely lower than average; if you score a 5-6, your score is pretty average; and if you score a 7 or above, your score is significantly higher than average. Things are a little murkier when it comes to what my college Windermere School the Analysis essay scores. Let's take a look.
Distribution of SAT Essay Analysis scores for the 2017 Graduating Class. In contrast to the trend for Reading and to write for college Westminster School Writing scores, Analysis scores are heavily skewed toward the bottom of the is a reviewed The Storm King scale. For College Essay Westminster. Even though the average Analysis score for 2017 was a 4 out of 8 (which is towards the middle), the what is a reviewed article School Analysis score the most students received was 2 out of 8. Why did so many students score lower on for college essay, Analysis, while still managing to do okay on Reading and Writing? The most likely answer is that the Analysis dimension is the essay King part of the SAT essay task that is most different from what students have had to do on other standardized test essays. Instead of giving their opinion on the passage in what to write for college Westminster School the SAT essay prompt, students are asked to analyze the author's opinion.
While this analysis is pretty straightforward once you manage to wrap your mind around it, it is steps writing Sidcot School, very different from Westminster School what students had to do on steps writing Sidcot, the old SAT essay (and what students are still asked to do on the ACT essay) and other standardized essays like DBQs. Essay Westminster School. Because of the different trends for Analysis scores on Chigwell, the SAT essay, an Analysis score of a 6 or above puts you well above average; a score of 3-5 is solidly middle of the pack; and a score of 2 is low. If you did get a 2/8 Analysis score, the good news is that you can most likely boost it to at least a 4 (if not a 6 or higher) by reviewing these 15 SAT essay tips. Westminster School. When colleges look at your SAT scores, however, they usually won't look at your essay scores all by in essay Sidcot School themselves. Most schools look at your overall SAT score first, your Evidence-Based Reading and Writing and what to write essay Math scores next, and your essay scores last (if they care about essay The Storm King, your SAT essay scores at all). What Westminster School. This leads into my next point. How Much Does My Essay Score Matter?
Because your essay score no longer affects your Writing section score on the SAT, the importance of the SAT Essay has decreased significantly. More and more schools are dropping the requirement for students to submit SAT with Essay scores entirely, and schools that do require the SAT Essay often place much less importance on is a reviewed journal article, your essay score than on your other SAT scores. Still, there are highly competitive programs and schools that use SAT scores to place students in the appropriate level classes that require students to to write for college essay School submit SAT Essay scores. For these kinds of what reviewed King School, schools, while your SAT essay score still won't matter as much as almost any other part of your application, you'll still want to aim for a high enough score that you're not immediately disqualified (or so that you don't get bumped down into remedial writing). So what's the average SAT essay score you should target for what for college essay more competitive schools?
Our advice is to aim for at least a 6 out of 8 on review of journal Chigwell School, Reading, Analysis, and Writing. What Essay Westminster. Higher essay scores (particularly on Sidcot School, the Analysis dimension) are even better, but a 6 out of 8 shows that you have above-average writing skills on a standardized essay written at essay Westminster the end of a multihour-long test. In cases where admissions offices might wonder if your application's personal statement was a fluke, your SAT essay scores can confirm that you do have a certain level of arguing School, writing ability. And the SAT essay rubric requirements to get a 6 out of 8 on essay Westminster School, each section are a pretty reasonable minimum standard for colleges to expect students to meet. Words Writing School. What If My SAT Essay Scores Are Below Average? If you're struggling to get a 4 or above on each SAT essay section, don't despair—you're not alone, and there is for college essay, hope. Start by reading our collection of SAT essay blog articles. I recommend starting with our introduction to the new SAT essay prompts, our SAT essay tips article, and vocabulary words writing American our explanation of the what for college Westminster School SAT essay rubric. Next, follow along as I write an vocabulary words for essay writing American, SAT essay, step-by-step. To Write Westminster School. With these four articles, you'll learn just what is required to excel in each dimension of the SAT essay and how to approach reading the prompt, analyzing the passage, and peer reviewed article The Storm School writing the essay.
For further help, you can take a look at how to create your own SAT essay templates and how to get a perfect 8/8/8 score on the SAT essay. If you're struggling with identifying how the authors of SAT essay prompts build their argument, we also go into the six most common argumentative essay devices. Finally, if you think you'd benefit from more personalized feedback on your essay writing, you might want to try out PrepScholar SAT. To Write Westminster. You'll get to a mla essay write essays on official SAT essay prompts and receive feedback from graders on what you're doing well and how you can improve and boost your score to for college Westminster the next level. Now that you know what an average SAT essay score is, what should be your target?
Learn more with our article on what a good SAT essay score is for you. Want to improve your SAT score by 160 points? Check out our best-in-class online SAT prep program. We guarantee your money back if you don't improve your SAT score by 160 points or more. Our program is entirely online, and my college School it customizes what you study to your strengths and weaknesses. If you liked this SAT Essay lesson, you'll love our program. Along with more detailed lessons, you'll get your SAT essays hand-graded by a master instructor who will give you customized feedback on how you can improve. We'll also give you a step-by-step program to follow so you'll never be confused about what to to write for college Westminster School study next. Check out to write my college School, our 5-day free trial: Have friends who also need help with test prep?
Share this article! Laura graduated magna cum laude from Wellesley College with a BA in Music and Psychology, and earned a Master's degree in what Westminster Composition from the Longy School of Music of Bard College. She scored 99 percentile scores on the SAT and GRE and loves advising students on how to excel in high school. You should definitely follow us on social media. You'll get updates on our latest articles right on your feed. Follow us on all 3 of our social networks: Have any questions about this article or other topics? Ask below and we'll reply! Series: How to Get 800 on Each SAT Section: Series: How to Get to 600 on Each SAT Section: Series: How to Get 36 on Each ACT Section: Our hand-selected experts help you in a variety of other topics!
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Summary of Play Term Events 2016 - Westminster School
court trial essay Patricia Engle (January 2004) (1) Johnson v. Essay! M'Intosh is a title dispute over what article King School a land parcel of some 12,000 acres in present-day southern Illinois. What For College Essay! The case, decided by the U.S. Supreme Court under Chief Justice John Marshall in 1823, turned on the question of arguing The Storm School, whether or not Indians had the what for college essay Westminster right to transfer land title by sale to private citizens. Like many cases that determined the rights of U.S. aboriginal peoples, the litigants were non-native whites.
The plaintiffs, heirs of Thomas Johnson, had acquired title to a share of the acreage in question through Johnson's purchase of this and other land parcels, as a member of the United Land Company, directly from Piankeshaw Indians in 1775. The defendant, William McIntosh (spelled M'Intosh in the decision), obtained title through his subsequent purchase of the same 12,000-acre parcel from the federal government in 1815. In finding for Defendant McIntosh, the arguing essay The Storm King court ruled that the nature of Indian title is such that Indians can only transfer title to the federal government. The decision is understood to be part of the federal government's strategy to establish itself as the only entity with which the Indians could conduct business. Johnson v. M'Intosh's greatest legal significance is its standing as the first of three cases known as the Marshall trilogy that work in combination to define Indian property rights, political status, and sovereignty rights. (2) Joseph C. Burke offers this succinct summary of the court's unique ruling on Indian title in Johnson v. M'Intosh : The United States held the what Westminster ultimate right to the soil; the tribes retained the right of vocabulary for essay, possession with the limitation that they could sell only to the United States. Marshall suggested that the right of the United States might be compared to a seisin in fee and the Indian right to a lease for years. (138)
As Eric Kades has pointed out, the effect of the decision was to establish the federal government as a monopsony, creating a single-buyer market (History par. 123) for the purpose of driving down the price of Indian land even further than it had been: By preserving a unitary entity to deal with the Indians, Marshall's opinions [in the trilogy cases] helped the United States to continue to buy Indian land cheaply (Dark Side). Westminster School! Scholars have tended to view Marshall's ruling in M'Intosh as a foregone conclusion, a mere administrative codification of of journal Chigwell, federal policy and national ambitions. Robert A. Williams, Jr., for example, has characterized Marshall's decision in to write for college essay Westminster, M'Intosh as a fait accompli (308), since Marshall's judicial task was merely to fill in the details and rationalize the fictions by which Europeans legitimated the denial of the Indians' rights in their acquisition of the Indians' America (312). (3) Whether or not the court's establishment of the federal government as the holder of ultimate title to Indian soil was legal or proper, M'Intosh is relied upon by Indians and words for essay School Indian law scholars alike for the half a loaf it retained for Native Americans: recognition that certain vestiges of to write Westminster School, tribal sovereignty, particularly with respect to vocabulary words American School self-government, remained intact. As Vine Deloria, Jr., puts it, Marshall's definition in effect traded a vested property right for a recognized political right of quasi sovereignty for the tribes (American 126). The community of Indian law practitioners is divided in its regard for Marshall's decision in what essay Westminster, M'Intosh . In fact, as Kades notes, certain scholars throughout the years, [b]eginning with Felix Cohen [. . Vocabulary For Essay Heritage! .], have described Marshall's opinion as a brilliant compromise between the political pressure to take Indian lands, and the immorality of outright extirpation (Dark Side).
For all these reasons, the trilogy decisions are among the most frequently cited cases in United States legal history. Argument for to write Westminster School, Rhetorical Significance. (4) Aside from its legal significance with respect to Indian property rights and sovereignty limits, though, I find Johnson v. M'Intosh of what my college about School, critical historical value because it exposes hidden and what to write for college essay Westminster School unstable prejudices in in essay writing School, United States American ideology, literally in their making. What we see in this decision is Justice Marshall performing nothing short of ideological alchemy. He marshals together all the ingredients of medieval conquest discourse theretofore used to justify removal of native peoples from their U.S. homelands and, recognizing that none, singly or in tandem, truly pass legal muster, applies to them the pressure of manifest destiny to what to write for college Westminster transform them into a new and different rule of conquest. That new and different rule served to dispossess native peoples of what to write my college essay Windermere School, their lands, decimate their numbers, and extinguish many native cultures as well, while skewing core dogma of U.S. democracy with faulty premises of superior entitlement. Those premises have continued, through time, to bifurcate what we say from what to write for college essay Westminster, what we do, both internally and in our global relations. Furthermore, inasmuch as the trilogy decisions established doctrines inconsistent with treaties, postures, and pronouncements that the legislative and executive branches of the government had represented up to that point in time, they set dangerous precedent for how to write Ross, judiciary caprice, which we are seeing reach crisis proportions today.
(5) Accordingly, I invite the reader to approach the Johnson v. M'Intosh decision as one would a documentary of a difficult crossing in the journey of a young government toward nationhood and national identity. What I argue is that M'Intosh and the trilogy document two parallel tracks of boundary expansion that were simultaneously occurring in the United States after the to write essay Westminster School colonies achieved independence from Great Britain: at the same time that native territorial boundaries were being breached and pushed continually westward, the Chigwell moral boundaries of nascent U.S. American ideology were also being continually breached and reset, further and further away from founding principles of equality, tolerance, and compassion. The good news is that the slippage did not go down easily or uncontested. The trilogy decisions, including the minority dissent filed in the second case, Cherokee Nation v. State of what Westminster, Georgia , and the concurring opinion in the third, Worcester v. State of Georgia, are rife with disagreements, inconsistencies, and some outright contradictions. To the extent that the justices' disagreements may reflect inherent, continuing, and growing unrest about the arguing essay The Storm School treatment of to write for college essay, Native Americans in the United States and the ancillary damage done to Heritage School the nation's founding principles, reparations and course changes still remain possible. The first step is to recognize the significance of certain rhetorical and ideological moves M'Intosh and the trilogy embody. The particular aspects of M'Intosh I propose to what essay probe are Justice Marshall's treatment of medieval doctrines of peer reviewed School, discovery and conquest, the what to write for college Westminster School nature of the new rule of vocabulary for essay writing Heritage School, conquest he forges from these traditional land-seizing justifications, and certain ideological dynamics between M'Intosh and the other two cases in the trilogy with respect to human rights and national interests.
Discovery Doctrine Endorsed on Principle. (6) Despite some pro forma equivocation on its plausibility and rationality, Justice Marshall agrees that the doctrine of discovery granted various European powers rightful entitlement to certain pieces of North America discovered under their commissions to be either empty or occupied by non-Christian, non-agricultural peoples, which Marshall finds had been historically considered to mean the same thing: [N]o distinction was taken between vacant lands and lands occupied by for college essay School the Indians. On his first pass, Marshall upholds discovery rights on essay School principle: On the discovery of this immense continent, the great nations of Europe were eager to what to write for college Westminster appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered and [sic] field to the ambition and enterprise of all; and the character and steps in essay religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendancy. Further in to write for college Westminster, the decision, he reiterates: Although we do not mean to engage in the defence of those principles which Europeans have applied to vocabulary words for essay writing Indian title, they may, we think, find some excuse, if not justification, in the character and habits of the for college Westminster people whose rights have been wrested from them. This opinion conforms precisely to the principle which has been supposed to is a journal The Storm be recognized by all European governments, from the first settlement of America.
The absolute ultimate title has been considered as acquired by discovery [. . .]. Certainly, Marshall does more than simply review the history and practice here; he vigorously defends it, pointedly upholding the medieval premise that the primacy of Christianity and what for college essay Western civilization justifies seizure of lands from non-Christian peoples. Accordingly, he finds Great Britain's New-World claims, passed on to the newly independent United States, legal and what Windermere School binding in U.S. law. The federal government's title, he ruled, was subject only to the fatally tenuous, as the essay Westminster later Cherokee case would prove, Indian right of occupancy. (7) As Williams argues, Marshall's endorsement of the discovery doctrine on principle in M'Intosh facilitated not only the material dispossession but also the cultural extirpation of native peoples, on the basis of review of journal Chigwell, a doctrine which, at its heart, is inherently and what essay inescapably biased and oppressive: Perhaps most important, Johnson's acceptance of the Doctrine of Discovery into United States law preserved the legacy of 1,000 years of European racism and colonialism directed against non-Western peoples. [. . Steps In Essay School! . ] While the tasks of conquest and colonization had not yet been fully actualized on the entire American continent, the originary legal rules and principles of federal Indian law set down by what to write for college Westminster Marshall in Johnson v. M'Intosh and its discourse of conquest ensured that future acts of genocide would proceed on a rationalized, legal basis. (317)
Williams' placement of what essay, racism in discovery's wake supports my sense that race, class, and other manner of social oppression became embedded in U.S. ideology by what to write for college School the manner in which the Indian lands were taken. Returning to the case at to write my college about School hand, though, we must not miss the immediate ripple of moral boundary-busters that emanated from M'Intosh . The state of what for college Westminster School, Georgia, for one, wasted no time in putting to use the gift that the M'Intosh decision clearly constituted to a state seeking seizure of title to Indian-occupied land. Words For Essay Writing Heritage School! Georgia began, in what to write essay School, 1824, actions culminating in arguing School, its 1828 Indian Removal Act (Washburn 27), the subject of the second case in the Marshall trilogy (1831), which resulted in the driving of some 16,000 Cherokees, in all, from their ancestral homelands in the south across the Trail of Tears to Oklahoma (Deloria, American 129). (8) Although M'Intosh does not give individual states the right to for college School extinguish Indian title, reserving that unique power to the federal government, Georgia knew that obtaining federal approval was just a move away. Indeed, Georgia's 1828 Act became federal law in 1830, after passing a Senate vote of 28 to 20 and a House vote of 103 to 97 (Krupat 143).
Justice Marshall's belated attempt to halt the Cherokees' removal by declaring Georgia's actions repugnant to the constitution, laws, and treaties of the United States in the third case of the trilogy, Worcester v. State of Georgia , was for naught. What Peer Reviewed Journal Article King! President Andrew Jackson effectively vetoed the court's order in that case for the release of what to write essay, two Vermont missionaries sentenced to four years of hard labor for remaining on the Cherokee lands claimed by Georgia without a permit and ordered that Georgia's removal of the Cherokees to how to write School Oklahoma be executed as planned. (9) Thus, the Supreme Court's truncation of Indian title in M'Intosh , followed by its nullification of Indian legal rights in to write Westminster School, the second case by declaring the Cherokees neither citizens nor foreign nations and therefore unable to advance a complaint in the legal system, can be seen as having triggered the Georgia-Jackson coalition and the enactment of an epic American tragedy that even the Supreme Court could not stop. Marshall biographer Herbert Alan Johnson characterizes President Jackson's defiance of the Worcester decision as a confrontation that thoroughly humiliated Marshall and his Court (196). However, the role that M'Intosh played in constructing what Arnold Krupat calls the story that justified Indian removal in the 1830s cannot be overlooked. In Krupat's view, [. . .] Indian removal could finally be written into law and enforced in how to write Ross, the 1830s because by that time, a certain story about America and about civilization had become sufficiently acceptable that it could be used as ideological justification for certain sequences of causes and effects, for the policy of [ . . . ] expansion with honor. (133)
In this sense, the justifications Marshall articulated for the federal government's title rights to Indian land in M'Intosh — as much as the case decision itself — worked like the evil magic described in Westminster, Leslie Marmon Silko's Ceremony , set in motion by a sorcerer's spell to send whites swarming like larva / out of a crushed ant hill (136) to dispossess natives across the United States. Just like that perverse spell, Marshall's words in what to write my college essay School, M'Intosh were already turned loose [. . .] already coming [. . .] can't be called back (138). (10) It is what for college, important to note that the front presented by the legislative and executive branches of the federal government prior to M'Intosh had by and large been one that sought to court the native chiefs in review of journal, peace and friendship, a fact Marshall acknowledged in the denigrated Worcester decision, as will be discussed hereinafter. Such good-government/bad-government strategies, coupled with the discursive skips and shifts evident among the what for college essay Westminster School trilogy cases themselves and in their relation to legislative and executive policies that followed in their wake, were consistent with the writing American School way Old World empire expansion had been conducted. The Marshall decision in M'Intosh signaled that the business of empire would proceed in for college Westminster School, the New World in the same way but on what to write my college School a larger scale, with greater speed and legal backing.
Each egregious breach of decency set new precedent, a new lowering of the moral bar. M'Intosh's endorsement of the discovery doctrine on principle dropped the bar low and long enough to release imperialist greed into the United States legal system. Discovery Doctrine Endorsed on Basis of Practice. (11) If endorsement of the discovery doctrine on principle were not enough, though, Marshall also affirms the validity of its New-World application on the bases of historical precedent and for college essay Westminster School the native people's acquiescence: However extravagant the pretension of converting the discovery of an inhabited country into conquest may appear; if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it; it becomes the law of the land, and cannot be questioned. [. . .] However this restriction may be opposed to natural right, and to review Chigwell the usages of civil nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by Courts of justice. Here Marshall appears to chafe in reluctance to a practice that may or may not be legal, reasonable, or morally justifiable, but to which he is bound to submit because it constitutes the custom or practice under which the country has thus far been settled. The practice is so pervasive and uncontested, he suggests, as to have now hardened into law. In my opinion, this position is indefensible for several reasons. (12) First, the doctrine of discovery only to write for college essay applied to European powers, not the indigenous peoples over whose lands the monarchs were competing. In M'Intosh , Marshall blurs that distinction, as previously noted, stacking his argument to use discovery as a basis for his novel, bi-level land-title rule, whereby Indians retain only a tentative occupancy title, subject to extinguishment by the federal government, which possesses ultimate title.
The nullity of discovery's support for is a peer reviewed journal article School, governmental title claims had been pointed out what for college School, earlier by Justice Johnson, in his dissent to the pre-trilogy Fletcher v. Peck case (1810), which had started the erosion of Indian title rights by declaring Indian title not such as to be absolutely repugnant to seisin in fee on the part of the state. Justice Johnson had disagreed then with the majority's finding that both the Indians and the state of Georgia could claim title right to Indian soil: [I]numerable treaties formed with [Indians] acknowledge them to words writing American Heritage be an independent people, and the uniform practice of acknowledging their right of soil, by purchasing from them, and restraining all persons from to write essay School, encroaching upon their territory, makes it unnecessary to insist upon their right of soil.[. . .] What, then, practically, is the interest of the states in the soil of the Indians within their boundaries? Unaffected by particular treaties, it is nothing more than what was assumed at the first settlement of the vocabulary American Heritage country, to wit, a right of conquest or of what for college Westminster School, purchase, exclusively of all competitors within certain defined limits. How To Ross! ( Fletcher v. What For College Essay Westminster! Peck ) (13) In his 1832 Worcester decision, finally, Marshall reins in his expansive interpretation of arguing The Storm, discovery in this regard, placing it more in conformance with Justice Johnson's arguments twenty-one years earlier: This principle, acknowledged by all Europeans, because it was the interest of all to acknowledge it, gave to the nation making the discovery, as its inevitable consequence, the what to write Westminster sole right of acquiring the soil and of making settlements on it. Review Of Articles Chigwell School! It was an exclusive principle which shut out the right of competition among those who had agreed to it; not one which could annul the previous rights of those who had not agreed to it. Articulation of such distinctions in to write for college Westminster School, 1832, of course, could not close the floodgates opened by M'Intosh's 1823 wholesale adoption of essay The Storm King, medieval discovery rights. In fact, given the pattern of events that Marshall had seen flow from M'Intosh in what to write for college essay Westminster School, those nine years, his pronouncements in support of Cherokee treaty and land rights in the 1832 Worcester case can be seen as gratuitous and self-serving, though Marshall biographer R. Kent Newmyer suggests he may have approached Worcester with an eye to soften the impact of M'Intosh , and to harmonize the review of articles of journal law of the land with his personal feelings about Native Americans (qtd. in what to write Westminster School, Kades, History par. 126). (14) Second, Marshall's position that the discovery rule had been settled by acquiescence and of articles of journal precedent in essay Westminster School, the United States is review of articles Chigwell School, shamefully gratuitous for two reasons: 1) the treaties and verbal agreements the federal government had been forging with the Indians since first contact made no such representations of the government holding ultimate title to tribal lands, by virtue of the discovery doctrine or any other such dream-law; and 2) the Indians had no voice recognized by U.S. law with which to protest any such representation, even if they were aware of it, which they most certainly were not. To Write For College Westminster School! In this latter regard, Marshall's decision in the second case of the trilogy, Cherokee Nation v. State of in essay, Georgia , proved the Indian's non-person legal status, ruling that because the Cherokees were neither U.S. citizens, nor a foreign nation, nor citizens of a foreign nation, they had no legal right under the Constitution to bring their complaint of eviction from ancestral homelands, in violation of a federal treaty, to to write for college Westminster School the U.S. Supreme Court.
(15) Kades employs Hirschleifer's principle of muscular economics to describe the manner in which the federal government coldly and efficiently expropriated tribal lands and, in Chigwell, this connection, cites Johnson v. What For College Westminster School! M'Intosh as just one element of a calculated, rational, unemotional effort to obtain Indian lands at the least cost (Dark Side). Cost efficiency, Kades surmises, dictated Marshall's reasoning to an extent that necessarily excluded all moral and humane considerations: This analysis rejects the what peer journal School kindness imputed to Marshall by the benevolent school and the truculence imputed by the malevolent school. The working assumption is that such a sweeping national policy to to write for college transfer wealth must be understood, at bottom, in terms of selfishness (economics), not benevolence or malevolence (morality or lack thereof). (Dark Side) Certainly, the silence and invisibility of writing American School, native peoples themselves from the trilogy cases prove that the U.S. government in for college Westminster School, its infancy stages had mastered from the essay The Storm King British the fine art of shunning indigenous peoples into non-person status in order to justify seizure of their land. The pattern employed in the Crown's 17th century Ulster plantation project in Northern Ireland is replicated here in cool precision: suspension of legal rights, the outlawing of the culture, and the galvanizing of settlers against the indigenous others. In Isaac de Pinto's 1776 Letters on the American Trouble , we can see some indication that the parallel to the Irish model was apparent to what to write essay School foreign visitors at the time, as well: [. . .] it is the temper of Oliver Cromwell which has unhappily taken root and vocabulary American germinated in the wilds of America (qtd. in Pagden 37). (16) The Ulster plantation parallels the U.S. plantation for another reason; they both violate the religious underpinnings of the colonizing discourse each employed. The indigenous Irish in Ulster province should have been exempt from to write for college essay School, removal under the discovery doctrine because they were already to some degree Christianized. Their removal on the basis of England's discovery and conquest rights makes as much sense as dispossessing the King deeply spiritual Native Americans from their United States homelands to make room for a new government founded on to write for college essay Westminster School freedom of religion. The Ulster and American plantations differ, though, in arguing School, the all-important realm of public opinion.
The oft-quoted observations of Alexis de Tocqueville summarize the nature and what for college effect of the new level of humanity United States Americans had grafted onto Old World models of plantation: The Spaniards by to write essay about Windermere unparalleled atrocities which brand them with indelible shame did not succeed in what to write for college essay School, exterminating the Indian race and could not even prevent them from sharing their rights; the for essay writing Heritage School United States Americans have attained both these results with wondrous ease, quietly, legally, and philanthropically, without spilling blood and without violating a single one of the great principles of morality in the eyes of the what for college world. It is impossible to destroy men with more respect to the laws of humanity. (qtd. in Krupat 144) Sir Francis Bacon enunciates the lethally subtle distinction that occurs when plantation is arguing essay The Storm School, undertaken on occupied soil: I like a Plantation in a pure soil; that is where People are not displanted to the end, to Plant others. For else it is rather an Extirpation than a Plantation (qtd. in Pagden 79). As quietly, legally, and philanthropically as Marshall may have intended to essay School craft his decisions in the trilogy cases, destruction and extirpation of a people, as Tocqueville and Bacon sagely observed, was to be their effect. (17) While they were barred from the courtrooms, native leaders were not accepting the legal strategies for their dispossession and extirpation in silence. This excerpt from the testimony of an what to write about Windermere, unidentified Indian leader during a hearing with land commissioners in 1793 speaks volumes on to write for college Westminster how the federal government's pronouncements of their diminished rights were received by native peoples:
Brothers: We never made any agreement with the King nor with any other nation, that we would give to either the exclusive right of purchasing our lands; and we declare to you, that we consider ourselves free to how to write essay Ross make any bargain or cession of lands, whenever, and to whomever we please. If the white people, as you say, made a treaty that none of them but the King should purchase of us, and that he has given that right to the United States, it is an affair which concerns you and him, and not us; we have never parted with such a power. (qtd. in Kades Dark Side) Again, the parallels to to write essay Old World models of conquest are compelling. The Supreme Court's 19th century declarations of government entitlement to Indian land title, made in hearings conducted without the Indians present or even involved, are tantamount to the 16th century Spaniards' practice of reading off the how to essay Requerimiento, in Spanish, to inform New World natives who understood not a word of Spanish of their rights as a conquered people. Why Focus on the Discovery Doctrine is Significant.
(18) Because the discovery doctrine does not, by principle or practice, constitute a defense for what to write, a governmental claim to ultimate title of Indian lands, the best explanation for Justice Marshall's endorsement of it is probably that which Deloria and Wilkins suggest. It was not the idea of a cabal of mid-Atlantic businessmen buying Indian land that concerned the court but rather the possibility that European powers could still strengthen their New World holds through land-purchase alliances with Indians inside and surrounding the United States: The Revolution resolved the what to write my college essay about Windermere School question of what essay, political independence only for the Americans. It did not affect the posture of other European nations toward Indian tribes. After the war the British conducted several treaty councils with the what to write Windermere School tribes of the Ohio and Great Lakes country. [. What To Write Westminster! . .] The Spanish quickly made treaties with the strong southeastern tribes, most notably the Creek and Choctaw, and in 1785 made an important treaty with the Comanche, which had to be conducted at several locations in the Southwest because the tribe controlled nearly one thousand miles of territory considered by essay Ross the Spanish to what to write Westminster School be their borderlands.
Russian trading companies made treaties with California tribes to secure their title to land. Essay King! And following the Mexican Revolution in 1820, the what to write Westminster new Mexican government immediately began making treaties with tribes who resided primarily in the area later settled by the United States, and continued to do so until the 1870s. (9-10) Sight should not be lost of the stature of those mid-Atlantic businessmen, however. Thomas Johnson, for vocabulary words for essay writing, example, was to become Maryland's first governor, serving in that capacity from 1777-1779. What For College! Later, he would himself serve as a U.S. Supreme Court justice. Lord Dunmore, another member of the land company involved, was governor of Virginia at review of journal School the time of what to write for college essay Westminster School, purchase. Is A Peer Journal Article The Storm King! Clearly, Marshall's concentration on the discovery rule and his decision in M'Intosh that Indians could only transfer land title to the federal government are moves to marshal control of Indian land title into the hands of the federal government in order to keep European powers out what Westminster School, and, as Kades says, to drive Indian land prices down. Marshall's finding, in my college about Windermere, the second case of the trilogy, that the Cherokees did not constitute a foreign nation pinioned native peoples finally and for college essay School securely under the thumb of the federal government. However, as Deloria and Wilkins note in the excerpt quoted above, native leaders did continue to steps writing Sidcot School make treaties with outside concerns for some years after the what to write for college essay Westminster School trilogy cases were decided.
(19) The sovereignty rights exercised by the Indians in the making of such treaties with both European powers and the U.S. federal government coupled with Tocqueville's previously mentioned observation about the relatively bloodless manner in which the Indians were being removed from their lands brings into focus the American Heritage School second principle of medieval crusade discourse adopted by Marshall in Johnson v. M'Intosh : the rights Great Britain and ergo the United States had acquired through conquest. (20) In M'Intosh , Justice Marshall relies heavily upon the principle that the federal government acquired the right to Indian soil through its conquest of native peoples: Conquest gives a title which the what essay Courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim which has been successfully asserted. Is A Peer Reviewed King School! The British government, which was then our government, and School whose rights have passed to the United States, asserted a title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over words writing School them, and the exclusive right of extinguishing the title which occupancy gave to what them. Essay Ross School! These claims have been maintained and established as far west as the what for college essay river Mississippi, by the sword. Of Journal! [. . .] It is not for the Courts of this country to question the validity of this title, or to sustain one which is to write for college essay Westminster School, incompatible with it.
In his recitation, shortly after this passage in M'Intosh , of the history of conquest of native peoples in the United States, Marshall refers to the [f]requent and bloody wars, in which the whites were not always the aggressors; the outcome he reports is that European policy, numbers, and skill, prevailed. (21) As Tocqueville's observations suggest, though, the sword was not the reviewed journal The Storm King School prevalent strategy employed by either the Crown or the United States to dispossess native peoples of their land. The fact is, as Kades notes, that wars were the exception to the rule: The pattern of European land acquisition in New England, purchases punctuated by rare conquests, repeated itself across the rest of the continent. The United States paid over $800 million for Indian lands. According to Congress, the for college School United States exercised the right of conquest only once [referring to a forced 1862 relocation of Indians in Minnesota, in which the what is a journal article The Storm King Indians received the proceeds of the sale of their land] and then half-heartedly. (History par. 17) In his 1831 Cherokee Nation v. State of Georgia decision, dismissing the Cherokee's protest of Georgia's Indian Removal Act, Marshall acknowledges that Indian lands had generally been acquired through voluntary cession:
Though the Indians are acknowledged to have an unquestionable, and unquestioned right to what essay Westminster the lands they occupy, until that right shall be extinguished by a voluntary cession to our government [. . .]. Granted, the of journal School term voluntary cession is a euphemism for the extremely aggressive campaign of coercion through which Indian land cessions had been obtained. What To Write For College School! As Burke explains, In theory, the Government treated with the tribes as sovereign nations, purchasing only the lands they chose to sell and guaranteeing forever their title to the land they chose to keep. In practice, the constant encroachment of white settlers, which the state government would not and the federal government could not prevent, made a mockery of Indian sovereignty by forcing tribes to sell lands they wanted but could not peacefully keep. [. What Reviewed Article King School! . .] Because the Indians, under pressure, usually sold the lands that the settlers demanded, the President, the Congress, and to write School the Supreme Court could maintain the formal position that cession had been voluntary. (150) The slippage from the conquest defense is significant, however, in that it reveals Marshall's struggles, through the course of the trilogy cases, to construct a spin about past land title acquisitions capable of supporting future encroachments at review Chigwell School an even more vigorous pace. (22) By the third decision, the what to write for college essay 1832 about-face Worcester , Marshall seems to have relinquished M'Intosh's defense of Chigwell School, war-based conquest rights completely, as he observes that defensive war alone seems to have been contemplated and [t]he power of war is given only for defence, not for conquest. The stress cracks from straddling legal and what to write for college world-opinion forums were now beginning to in essay writing Sidcot show. (23) Perhaps the most compelling testimony, however, to the fact that land title had historically been transferred through purchases and treaties, not conquest, comes from the Cherokee Nation itself, in its December 18, 1829, written memorial to Congress, prior to the Cherokees' fruitless appeal to the Supreme Court: In addition to that first of all rights, the right of inheritance and peaceable possession, we have the faith and pledge of the United States, repeated over and over again, in treaties made at various times. [. For College Essay Westminster! . .] If we were but tenants at will, why was it necessary that our consent must first be obtained, before these Governments could take lawful possession of our lands? The answer is what is a peer The Storm King School, obvious.
These Governments perfectly understood our rights—our right to the country, and our right to self Government. [. . .] The undersigned memorialists humbly represent, that if their interpretation of the to write for college School treaties has been different from steps in essay Sidcot School, that of the Government, then they have ever been deceived as to how the Government regarded them, and what she has asked and promised. Moreover, they have uniformly misunderstood their own acts. (rpt. in Krupat 170-72) Likewise, this passage from their November 5, 1829, memorial establishes that the Cherokees' relationship with Great Britain prior to the colonies' independence had most certainly not been within the constraints of conquest: It is evident from facts deducible from known history, that the Indians were found here by the white man, in the enjoyment of plenty and peace, and all the to write Westminster rights of is a peer reviewed journal The Storm King, soil and domain, inherited from their ancestors from time immemorial, well furnished with kings, chiefs, and warriors, the bulwarks of liberty, and the pride of their race. Great Britain established with them relationships of friendship and alliance, and at to write essay Westminster no time did she treat them as subjects, and as tenants at will, to her power. In war she fought them as a separate people, and they resisted her as a nation. In peace, she spoke the language of friendship, and they replied in the voice of independence, and frequently assisted her as allies, at their choice to fight her enemies in their own way and discipline, subject to the control of review, their own chiefs, and unaccountable to European officers and military law. Such was the connexion of this nation to Great Britain, to wit, that of friendship, and not allegiance, to the period of the declaration of Independence by the United States [. . .]. (rpt. in Krupat 164-69) Accordingly, the doctrine of conquest, to what to write the victor go the spoils, did not quite match the essay The Storm King history of Euro-Indian relations in the United States. Conquerors do not buy the land from the for college essay Westminster School conquered nor engage them as allies in war. Marshall rose to the challenge of converting purchase into conquest by what journal King bumping out a new and what essay different rule of is a article The Storm School, conquest to justify the what to write essay federal government's claims on my college essay about Indian land title.
Justification for the New and Different Rule of Conquest. (24) Marshall justifies the to write for college essay School United States Americans' new and different rule of conquest in M'Intosh essentially by paying native peoples the back-handed compliment of being too brave [. . .] high spirited [and] fierce to conquer by any legitimate means. The way conquest is supposed to work, he says, is that, The old and new members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Where this incorporation is practicable, humanity demands, and review a wise policy requires, that the rights of the conquered to property should remain unimpaired; that the what to write Westminster School new subjects should be governed as equitably as the old, and that confidence in their security should gradually banish the painful sense of being separated from what my college essay about Windermere School, their ancient connexions, and united by force to strangers. Marshall's reference to traditional conquest leaving the conquered peoples' rights [. . What To Write Essay School! .] to property [. . .] unimpaired seems inconsistent with reasoning purporting to justify seizure of property title claim on the basis of conquest. Nonetheless, note that the manner in which Marshall supports his new rule of conquest launches him back into the discovery-rule defense: But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. Arguing Essay! To leave them in possession of their country, was to leave the country a wilderness; to govern them as a distinct people, was impossible, because they were as brave and high spirited as they were fierce, and were ready to repel by arms every attempt on essay School their independence. Again, Marshall is relying on the Western, medieval principle that non-Christian, non-agricultural peoples could legally and should morally be removed from their land and spiritually rehabilitated. The Europeans, he finds, had no choice but to forge a new, albeit cowardly, way of steps in essay Sidcot School, conquest that the new United States government was bound to follow:
The law which regulates, and ought to regulate in general, the relations between the conqueror and what essay School conquered, was incapable of in essay writing Sidcot, application to a people under such circumstances. The resort to some new and different rule, better adapted to the actual state of things, was unavoidable. Here is where the truly virulent damage of M'Intosh was injected into what Westminster the United States legal system — and hence, our national ideology — for here, Marshall is codifying a new rule of is a peer reviewed article The Storm King, justifiable deceit. (25) Unlike the valued and time-honored words that Justice Marshall enshrines in M'Intosh to support extinguishment of the Indians' human rights — words like discovery, conquest, and civilization — the words framed in to write for college Westminster, those innumerable treaties negotiated with the native peoples assuring them security and sovereignty within their territories forever, along with the allied friendship of the federal government, were cheap, disposable, and temporary. For example, Justice Thompson's dissent to vocabulary words American Heritage the Cherokee Nation v. State of Georgia decision cites a provision of the Hopewell Treaty of 1785 that assured signatory tribes there was no truth to allegations made by enemies of the United States [. . What To Write Westminster School! .] that it is the design of the steps in essay Sidcot states to extirpate the Indians, and take possession of their country. The peace medals, the treaties, the solemn meetings with presidents — Marshall is acknowledging and tacitly approving the fact that none of what for college essay Westminster, these meant what they were portrayed to mean. (26) In Worcester , Marshall gives greater recognition to the strategy of subterfuge through which native peoples were now being determined by vocabulary for essay writing American School the highest court of the country to have been conquered: Fierce and warlike in their character, they [the Indians] might be formidable enemies, or effective friends. Instead of rousing their resentments, by asserting claims to their lands, or to dominion over what essay Westminster School their persons, their alliance was sought by flattering professions, and purchased by rich presents. [. . .] Not well acquainted with the exact meaning of words, nor supposing it to be material whether they were called the subjects, or the children of their father in Europe; lavish in professions of duty and affection, in return for the rich presents they received; so long as their actual independence was untouched, and their right to self government acknowledged, they were willing to profess dependence on a mla School the powers which furnished them supplies of which they were in absolute need, and restrained dangerous intruders from entering their country: and this was probably the sense in which the term was understood by them. At this point, Marshall's history of to write essay, Euro-Indian relations conforms more precisely to what the Cherokees describe in their Memorials, but, of course, the damage is done.
The Legacy and Significance of the New and Different Rule (27) The legacy of M'Intosh , on its own and in Ross School, the context of the trilogy cases, is of the veritable forked tongue. The new and different rule Marshall approves is that saying one thing and doing another is to write for college Westminster, a sanctioned expedient for furthering national interests. With the of journal new rule come ancillary principles of exclusion and oppression, and a model for a privileged, bi-level application of law. Under Marshall's new rule, agreements securing any rights of marginalized peoples are temporary markers on the next boundaries to be surreptitiously seized and reset by imperialistic or nationalistic bulldozers. Evidence of this fact can be seen in the continuing struggles of what to write for college Westminster, Native Americans to arguing The Storm King School retain and utilize even their most fundamental rights to self-government left to them by essay Westminster School the Marshall trilogy. Continued judiciary erosion of those rights prompted hearings before the Senate Committee on how to a mla Indian Affairs in February 2002. Professor David Getches of the University of Colorado was among the legal scholars who testified to petition congressional intervention:
Indian rights and Indian sovereignty are essential in a government-to-government relationship that goes all the way back to the founding of the nation. What For College Essay Westminster School! If the Court understood this and appreciated this grounding in original intent, Indian laws could be put back on track by American Heritage School the Court itself, but this seems unlikely. The Court's primary mission has little to do with Indian law. It will be up to Congress to reverse this trend. (Hearing) As Committee Vice-Chairman Ben Nighthorse Campbell said at the close of those hearings, in response to Getches' testimony, with a succinctness that can only come from aged exasperation, [. What For College Westminster School! . .] when I hear comments like yours [. . .] I do get mad [. . .] at [. . .] the way we have treated Indians in the history of how to, this country. It seems to me that they should have two sets of rights: that of being Native Americans as given in the treaties and that they inherit being an American, like any other American. Yet, we see a constant erosion of what for college essay Westminster, their rights on both sides of that equation. (28) Thus it seems that the cultural bias of review of articles of journal School, white, Christian supremacy embedded in U.S. ideology with Marshall's endorsement of discovery and conquest principles continues its active destruction of what to write for college essay Westminster School, native people's human rights. Windermere! It must be noted that any implied characterization of the Indians' demise as inevitable due to some perception of inferiority on their part is belied by the events of what to write for college Westminster, record in the trilogy cases. Krupat's analysis of the tenor of the what reviewed journal article The Storm Cherokee Memorials is compelling here:
The Cherokee memorialists will not allow their dispossession to be seen as savagist ideology would have it, as inevitable or necessary, neither God's will, nor Nature's law. Rather, should they be translated west of the what to write essay Mississippi, such an outcome would be the result of no more than the force of American imperial power. (161) Indeed, the political savvy and eloquence of the Cherokee leaders, apparent in those excerpts from review Chigwell School, their Memorials previously quoted, deeply affected Justice Joseph Story, who co-signed Justice Thompson's dissent to the majority opinion authored by Marshall in Westminster School, the Cherokee case. Some measure of Story's regret regarding the government's treatment of the Cherokees can be seen in this excerpt from a January 13, 1832, letter to his wife: At Philadelphia, I was introduced to what to write essay two of the for college Westminster School chiefs of the write essay School Cherokee Nation so sadly dealt with by the State of Georgia. They are both educated men, and conversed with a singular force and propriety of language upon their own case, the law of which they perfectly understood and reasoned upon. I never in my whole life was more affected by the consideration that they and all their race are destined to destruction. And I feel, as an American, disgraced by our gross violation of the public faith towards them. What For College Westminster! I fear, and greatly fear, that in the course of Providence there will be dealt to us a heavy retributive justice. (qtd. in Lubbers 65) Examination of this passage shows Story falling prey to the all-too-human tendency to at first shift culpability (to the State of what article King, Georgia), only to be crushed, within the same breath, by what essay Westminster School the recoil of such suppression, since the gross violation of the public faith towards them rests, as he says, with all Americans.
(29) Greed wrote the new rule of conquest Marshall endorsed in Johnson v. The Storm King! M'Intosh . He could not come out and say it, but others before and after him have duly noted the emperor's nakedness in this regard. As Pagden suggests, our national origins lie in our European ancestors' melding of Christianly avaricious desires: [The American colonies] had been created out of a seemingly insatiable European need for precious metals, and what for college an ambition, which the Ancients could scarcely have understood, to change the religious beliefs of their autochthonous inhabitants. (11) Certainly, the blurring of gold and God in medieval discovery and conquest discourse was not overlooked by all people of the times, though. In his In Defense of the Indians , for example, the 16th century Dominican friar Bartolome de las Casas excoriates Spain's use of forced conversion of native peoples to Christianity, pursuant to arguing School the discovery rule, as a means to seize their lands: All this drags innumerable souls to ruin and blocks the for college service of spreading the Christian religion by King closing the eyes of those who, crazed by blind ambition, bend all their energies of mind and body to what to write for college the one purpose of gaining wealth, power, honors, and dignities. For the sake of these things they kill and destroy with inhuman cruelty people who are completely innocent, meek, harmless, temperate, and quite ready and willing to receive and embrace the word of God. (26)
Long before the trilogy cases, greed had become sacralized in the foundations of United States American ideology. In this respect, Williams is right; M'Intosh is how to write Ross, a fait accompli formality. Kades makes the very good point, in support of his cost-efficiency view of M'Intosh , that, If it were cheaper to be more brutal, then Europeans would have been more brutal (Dark Side). However, from the history of Euro-Indian relations Marshall uses to justify his new and different rule, we can see that Marshall, at what School least, had concluded the a mla Ross School native peoples could not have been defeated, at what least when their numbers were strong, on brute force alone. (29) Marshall's new rule mythologized a false and what is a reviewed schizophrenic memory of Euro-Indian relations in the United States that continues to twist and shift through our popular culture today. To Write Westminster School! One of the new, 2004 United States nickel designs, for example, incorporates the 1801 Thomas Jefferson peace medal image of. [. . .] two hands clasped in review of articles School, friendship — one with a military uniform cuff, symbolizing the American government, and the other with a silver band adorned with beads and for college a stylized American eagle, representing the Native American community with whom the United States sought good relations. (New Nickels)
That handshake, the international symbol of partnership and good will between respected equals, was interpreted by Marshall as a justifiably deceptive measure toward New World conquest and land seizure. The seeding of how to a mla School, our collective memory with such contradictions hampers our ability to recognize, as Justice Story did, the gross violation of the public faith committed toward Native Americans. If we cannot see the what to write essay Westminster treatment of Native Americans for what it is and has been, we surely cannot see how their degradation degraded all of us, or how the U.S. government's endorsement of deceit and treachery in furtherance of national interests set in motion, along the lines that Silko's Ceremony suggests, an almost hypnotic suggestion of self-perpetuating avarice in in essay, our national ideology. (30) Pagden sees the United States' ambitions for global democracy as the third wave of the Imperium Romanum-turned-Imperium Christianum ideology (24) that fed our originary colonizing discourse: The modern United States still pursues very much the same political ideology with respect to their relationship with the rest of the world. If the European settlers exported to America one notion of a civitas, sustained and enforced by a corresponding vision of a Christian imperium, their descendents have created a universal order based upon another, but no less encompassing, conception of civility: democracy, an ideology which is quite as pervasive, and certainly as demanding as its ancient (and its Christian) ancestors. (199)
The internal manifestations of our present-day Imperium Democraticum, as it were, are no less pervasive, demanding, or exclusionary. As Pagden says, the model for U.S. Westminster! democracy relies for essay School, its civilizing machinery upon an exalted vision of commerce (199-200). Satisfaction of this vision's demands currently forces stratifications across race, class, and culture lines that limit many United States Americans' abilities to what to write for college School achieve economic progress and, in some cases, survival. Greed is an ancient, primitive impulse that only truly became dangerous when it masked itself in the guise of civilization and Christianity. The decisions in the Marshall trilogy adopted the guise into United States democratic ideology. Until we can see and begin to rectify the guise's first harm to the Native Americans, we cannot begin to arrest its continuing damage to review of journal our culture and restore our founding, democratic principles toward fulfillment of their original promise. Burke, Joseph C. The Cherokee Cases: A Study in Law, Politics, and Morality.
Native American Law and Colonialism, Before 1776-1903 . Ed. John R. Wunder. What! New York: Garland, 1996. 136-67. Casas, Bartolome de las. In Defense of the Indians . Ed. Trans. Stafford Poole. How To A Mla Essay! DeKalb: Northern Illinois UP, 1974. Cherokee Nation v. To Write For College Essay Westminster! State of Georgia.
30 U.S. 1. U.S. Supr. Ct. Words Writing American Heritage School! 1831. Lexis-Nexis. 23 Sep. 03. Deloria, Vine, Jr. American Indians in Historical Perspective. What For College Westminster! Native American Law and Colonialism, Before 1776-1903 . Ed. John R. Arguing The Storm King! Wunder.
New York: Garland, 1996. 123-34. Deloria, Vine, Jr., and David E. Wilkins. Tribes, Treaties, and to write for college Westminster School Constitutional Tribulations . Austin: U of Texas P, 1999. Fletcher v. Peck. 10 U.S. 87. U.S. Supr. Ct. 1810.
Lexis-Nexis. In Essay Writing Sidcot! 11 Sep. 03. Hearing Before the Committee on Indian Affairs. To Write For College Westminster School! United States Senate, One Hundred Seventh Congress, Second Session on Concerns of words for essay American Heritage, Recent Decisions of the U.S. To Write Essay Westminster School! Supreme Court and the Indian Tribal Governments in America. 27 Feb. 02. U.S.
Government Printing Office. 24 Oct. 03. http://purl.access.gpo.gov/GPO/LPS20968. Johnson, Herbert Alan. John Marshall. My College Essay School! The Justices of the United States Supreme Court: Their Lives and Major Opinions . Vol. Essay! 1. Eds. Leon Friedman and Fred L. Israel.
New York: Chelsea, 1997. 181-99. Johnson v. M'Intosh. Review Of Articles Of Journal Chigwell School! 21 U.S. 543. U.S. Supr. Ct. 1823. Lexis-Nexis. 21 Oct. 03. Kades, Eric. The Dark Side of what to write for college Westminster, Efficiency: Johnson v. M'Intosh and the Expropriation of Chigwell, American Indian Lands. U of Pa. Law Review 148 (Apr.
2000):1065-1190. Lexis-Nexis. What To Write Essay Westminster! 23 Sep. 03. ---. History and Heritage School Interpretation of the Great Case of Johnson v. M'Intosh . Law and History Review 19.1(Spring 2001): 67+. 11 Sep. 03. http://www.historycooperative.org/journals/lhr/19.1/kades.html. Krupat, Arnold.
Ethnocriticism: Ethnography, History, and Literature . Berkeley: U of California P, 1992. Lubbers, Klaus. Born for the Shade: Stereotypes of the essay School Native Americans in United States Literature and the Visual Arts, 1776-1894 . Amsterdam: Rodopi, 1994. Pagden, Anthony. Lords of All the World: Ideologies of Empire in Spain, Britain, and France c. 1500 – c. In Essay Writing Sidcot! 1800 . New Haven: Yale UP, 1995. Silko, Leslie Marmon. Ceremony . New York: Penguin, 1977. Washburn, Wilcomb E. The Moral and Legal Justifications for Dispossessing the Indians. Seventeenth Century America: Essays in Colonial History . Ed. James Morton Smith.
New York: Norton, 1972. 15-32. Williams, Robert A., Jr. What To Write For College Essay! The American Indian in Western Legal Thought: The Discourses of Conquest . New York: Oxford UP, 1990.