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Chapter 6 - Constructing Sovereignty through Legal and Religious Discourses

from Part I - Concepts

Published online by Cambridge University Press:  06 March 2025

John D. Kerkering
Affiliation:
Loyola University, Chicago
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Summary

This chapter considers literary expressions of sovereignty in the nineteenth-century United States that underscore sovereignty’s oppositional nature and its productive potential, and it demonstrates how these literary expressions were, like public argument about sovereignty, constructed through the interplay between law and religion. Religious discourse provided a set of terms, examples, and motifs that shaped the nineteenth-century debate over political autonomy as it ranged across matters of territorial possession and the individual conscience. I first briefly address ideas of sovereignty that circulated in the long nineteenth century and informed US literature and public argument. Then I turn to competing visions of sovereignty expressed by the Cherokee Nation, the state of Georgia, the US federal government, and the US Supreme Court in the early decades of the nineteenth century. In the final section, I briefly turn to the figure of John Brown who, in linking the vision of Indigenous sovereignty expressed by the Cherokee Nation to the sovereign individuality espoused by Henry David Thoreau and the Transcendentals, serves as a harbinger of the contests over political sovereignty that ultimately led to the US Civil War.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Further Reading

Carlson, David. Imagining Sovereignty: Self-Determination in American Indian Law and Literature. University of Oklahoma Press, 2016.Google Scholar
Downes, Paul. Hobbes, Sovereignty, and Early American Literature. Cambridge University Press, 2015.CrossRefGoogle Scholar
Elmer, Jonathan. On Lingering and Being Last: Race and Sovereignty in the New World. Fordham University Press, 2008.CrossRefGoogle Scholar
Konkle, Maureen. Writing Indian Nations: Native Intellectuals and the Politics of Historiography, 1827–1863. University of North Carolina Press, 2004.Google Scholar
MacMillan, Ken. Sovereignty and Possession in the English New World: The Legal Foundations of Empire, 1576–1640. Cambridge University Press, 2006.Google Scholar
Tsai, Robert L. America’s Forgotten Constitutions: Defiant Visions of Power and Community. Harvard University Press, 2014.CrossRefGoogle Scholar
Zuck, Rochelle Raineri. Divided Sovereignties: Race, Nationhood, and Citizenship in Nineteenth-Century America. University of Georgia Press, 2016.CrossRefGoogle Scholar

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