A Post-War Nation on the Move (and the Problems it Created).

1. A Post-War Nation on the Move (and the Problems it Created). General Works on the Post War Period: Harry Watson, Liberty and Power: The Politics of Jacksonian America , 2nd edition, 2006. Daniel Walker Howe, What Hath God Wrought, Oxford, 2007 Sean Wilentz, The Rise of American Democracy: Jefferson to Lincoln, Norton, 2005. The Republic Reborn: War and the Making of Liberal America, 1790-1820, Johns Hopkins University Press, 1989. Charles Sellers, The Market Revolution, Oxford, 1989.

2. American Nationalism Post War Summary Economic Boom/ 1819 Panic Population growth Geographic mobility Transportation Revolution Role of the Government

3. Post War Boom Include gold and silver transfers, from Historical Statistics of the United States, p886.

4. Rate of Growth: Western States vs. U.S. Total

6. U.S. Population, 1820 • 9.6 million people • 8.1 million Free (225,000 Free Black) • 1.5 million Slaves • Immigration 7,000 per year to 1820 • 23,000 in 1830 • 84,000 in 1840 • Life Expectancy: 45 years but higher if you survive infancy. • 58% under age of 20 (compared to 18% in 1940, 27% in 2010)

7. Era of Ambivalent Feelings • I. Legacy for Native Americans • Through what processes did Native Americans lose their Land? • II. Land of the Free, Home of the Slave • How did the War of 1812 impact slaves and help reshape the nation’s discussion of slavery and its place within the Union?

8. I. The Indians’ War of 1812: Overview and a Postscript • Stuart Banner, How the Indians Lost their Land: Law and Power on the Frontier, Harvard University Press, 2005 • I. Law and the Owners of Land: Colonial Context • A. Pre-1763: Contracts • B. The Proclamation of 1763 and Treaty Rights

9. Land and Law Cont. • II. Revolutionary Debates • Continuities but • Articles of Confederation: State vs. National US “the sole and exclusive right and power of . . . Regulating and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any State within its own limits be not infringed or violated.” • Right of Conquest: 1784-86: • The Treaty of Fort Stanwix, 1784 • Conquest to Purchase: Civilization theory • Secretary of War Henry Knox: “The doctrine of conquest is so repugnant to their (Indians) feelings, that rather than submit thereto they would prefer continual war, . . .. which would be [for the US an] unlimited evil.” 1788 • Northwest Ordinance, 1787 • Constitution, 1788 • Intercourse Act sof 1790 and 1796 and the doctrine of “preemption.”

10. Speculation in Indian Land

11. Law and Reality Eastern speculators and western settlers States vs. Federal government Political discussion who owned un-purchased land: Indians or the Government?

12. Republican Perceptions of Indian activities

13. Realities of Indian activities

14. How might the War of 1812 era have shifted many whites’ perceptions of Native Americans? . . .. and altered perceptions of their rights to land?

15. War of 1812 See Notes from Summer Workshop but to review Taylor: Borderlands to Border. Dowd: Myths of Tecumseh’s exoticism Sleeper-Smith: Antebellum racial lines more strongly drawn Cayton: The “final battle” for the heartland of America & Native peoples as a “curiosity” Antel: Indian wartime dependence

16. Secretary of War William Crawford, 1816 “A cession of a considerable part of their unoccupied lands will diminish the temptation to waste in the chace (sic.), the time which could be more profitably employed in husbandry.”

17. Monroe’s 1817 Inaugural Address “The hunter state can exist only in the vast uncultivated desert. It yields to the more dense and compact form and greater force of civilized population, and of right it ought to yield, for the earth was given to mankind to support the greatest number of which it is capable, and no tribe or people have aright to withhold from the wants of others more than is necessary for their own support and comfort.”

18. Johnson v. M’Intosh, 1823 Supreme Court case dealing with a group of speculators’ claims to Indian land

19. Johnson v. M’Intosh, 1823 Supreme Court case dealing with a group of speculators’ claims to Indian land in Northwest Territory Although the case was straight-forward (claims were void), Chief Justice John Marshall used the case as an opportunity to elaborate Indian property rights

20. Johnson v. M’Intosh, 1823 • Claimed that Indian right of occupancy of the land (as opposed ownership) had been established as English law since the earliest days of colonization • Accepted by lawyers at that time to be true

21. Johnson v. M’Intosh, 1823 • Claimed that Indian right of occupancy of the land (as opposed ownership) had been established as English law since the earliest days of colonization • Accepted by lawyers at that time to be true • It was not true • Stemmed back to 1790s only

22. Johnson v. M’Intosh, 1823 • Claimed that Indian “right of occupancy” but not “ownership” of the land (as opposed ownership) had been established as English law since the earliest days of colonization. • Accepted by lawyers at that time to be true • It was not true • Stemmed back to 1790s only

23. Johnson v. M’Intosh, 1823 “Conquest gives title which the Courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim.” Government, whether state or federal, is at the root of all land titles in the United States, because the original owner of all the country's land was the government, not the Indians

24. Johnson v. M’Intosh, 1823 “The Cherokee Removal,” 1890. For Marshall: legal occupancy should prevent ejection, a stance he took in the Worcester v. Georgia case deeming removal unconstitutional, BUT The assumptions within the case, as a foundation for property law, reflected views that justified coerced removal as a policy in the late 1820s-1830s. That became even more true after Marshall’s death and with Jackson’s appointments dominating the court.

25. Removal and Jackson

26. II. War and Slavery Recent Books Alan Taylor, The Slave War of 1812, forthcoming. Adam Rothman, Slave Country: American Expansion and the Origins of the Deep South, Harvard, 2007. Matthew Mason, Slavery and Politics in the Early American Republic, 2008. John Hammond and Mason, eds.The Politics of Bondage and Freedom in the New American Nation, Virginia, 2011

27. The Wartime South • The story of freedom and slavery inverted. • BartletShanklyn • 3,500 Chesapeake slaves “stole” themselves to British forces. • Free black population restricted. • The South and the federal government.

28. Cotton and Slavery, 1811-1821 Spread of Cotton Spread of Plantation Slavery

29. The Post-War North Unknown artist and place, Probably New England, c. 1815-1825 • Federalists fight back. • Early Northern emancipation laws (1776-1807) bearing fruit, even accelerated. • Emancipation Acts: New York, 1817; Pennsylvania 1815; Ohio, 1817 • American Colonization Society founded 1817 • Growth in free black population in North

30. The Politics of Slavery • National Debates • Fugitive Slave Act of 1818—failed. • Slave Trade Acts of 1819, 1820 • Piracy • Missouri Controversy, 1819-1821 • See: Robert Forbes, The Missouri Compromise and its Aftermath, North Carolina Press, 2007.

31. Territorial Expansion: New States By 1803: Vermont, Kentucky, Tennessee, and Ohio By 1821: Indiana, Mississippi, Illinois, Alabama, Maine, and Missouri

32. New States Added

33. Domestic Slave Trade

34. African American Seamen • African Americans in the Navy • Estimated 15 to 20% of enlisted men in U.S. navy • Others on Privateers and Merchant Marine • Post 1820s, tainted with “freedom.” • Denmark Vesey, 1822

35. Southern Response The Slave’s Friend, 1839 Battle to make slavery safe in the Union Negro Seamen’s Acts Nullification 1830s: anti-abolition mobs

36. Long Term Ironies of the War American nationalism made manifest culturally and to an extent politically, but also sews the seeds for future sectional conflict. Increased security—especially after 1819—and the expansion it allows generates concern while empowering different regions to more assuredly stake their claim to being the “true America.” Transportation Revolution and Growing national market creates more trade but also political tensions, culminates in nullification crisis War opens lands for cotton and slavery’s expansion, ensuring its vibrancy and pointing the way towards what we might see as American’s “Third Civil War,” but easily its bloodiest.