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.Since 1988 the number ofcontributions to what is often now referred to as ethnohistory has increasedeven faster.Indeed, as the historian Ian Steele pointed out a decade ago, the field of ethnohistory.is developing so quickly that any attempt at accessiblesynthesis is bound to be premature and incomplete. Some of the besthistorians in the U.S.have turned to the Indians as a topic of research, andbooks on Indians in early America are now winning prestigious prizes.Much of this new scholarship is contested as exaggerated:The best of the recent historians of the Indians, including Alan Taylor, donot have to make such exaggerated claims to justify the importance of theIndians in histories of early America.They now know only too well that theIndians were present everywhere in early America.Not only did the nativepeoples dominate nearly all of the trans-Appalachian West in the eighteenthcentury, but at the time of the Revolution they were also essential to the lifeof the eastern seaboard as traders, as farmers, laborers, as hunters, asguides, even as sailors.Both Thomas Jefferson in Virginia and John Adamsin Massachusetts grew up knowing Indians who lived near their homes.76.Cronon, Changes in the Land, 80 81.77.This phrase only came later with the drafting and ratification of theConstitution in 1789.U.S.CONST.pmbl.:We the people of the United States, in order to form a more perfect union,establish justice, insure domestic tranquility, provide for the commondefense, promote general welfare, and secure the blessings of liberty toourselves and our posterity, do ordain and establish this Constitution for theUnited States of America.78.Akhil Reed Amar, America s Constitution: A Biography (Random House,2003), 25 (quoting Journals of the Continental Congress 5:425, 431).79.Ibid.80.Even during the drafting debates, the bloom of national unity was threatenedby the noxious weed of disunity:Historian Jack Rakove has observed that during debates over the drafting ofthe proposed Articles debates after the Declaration of Independence threats of disunion flowed freely.James Wilson warned that Pennsylvaniawould never confederate if Virginia clung to its western claims.The Virginiadelegates replied that.their constituents would never accept a confederationthat required their sacrifice. South Carolina s Thomas Lynch, Jr., 320 notes to pages 28 35sternly advised his fellow congressman on July 30, 1776 that if it is debated,whether.slaves are [our] property, there is an end of the confederation. (Ibid., 26, quoting Jack Rakove, The Beginnings of National Politics (Alfred A.Knopf, 1979), 218).81.Amar, America s Constitution, 25.82.Ibid., 26.83.Ibid.84.Articles of Confederation, art.V.85.Ibid., art.IX.86.Ibid.87.Ibid.88.See ibid.89.Ibid.90.31 U.S.(6 Pet.) 515 (1832).See the detailed discussion in chapter 4.91.Ibid., 559.92.Ibid.93.The full title of the Articles of Confederation is The Articles ofConfederation and Perpetual Union. 94.Robert Clinton, There Is No Federal Supremacy Clause for Indian Tribes, 34 Ariz.St.L.J.113, 128 (Spring 2002).95.The Avalon Project at Yale Law School, Journals of the Continental Congress,Speech to the Six Nations; July 13, 1775 at http://avalon.law.yale.edu/18th_century/contcong_07 13 75.asp (last visited 9/2/2008).96.The Avalon Project at Yale Law School, Journals of the Continental Congress,Franklin s Articles of Confederation; July 21, 1775 art.X, at http://avalon.law.yale.edu/18th_century/contcong_07 21 75.asp (last visited 9/2/2008).97.Ibid.98.Ibid.99.Ibid., art.XI.100.Ibid.101.Ibid.102.The thirteen states were united in their struggle to wrest control of the Westfrom England, but they often held conflicting and clashing views about this territory.Various landed states claimed much of this western territory, which threatened a potentialimbalance of wealth and power.The articles said nothing about this contentious matter,but landless Maryland refused to ratify the articles until New York and Virginia finallytook steps to cede their western claims.Amar, America s Constitution, 271.chapter three1.Bernard Bailyn, The Ideological Origins of the American Revolution (HarvardUniversity Press, 1967), 160 229.2.Ibid., 173 74 (quoting various authors including Blackstone, J.W.Gough,and Charles H.McIlwan). notes to pages 35 38 3213.Ibid., 183 (quoting Samuel Cooke, Charles Turner, and Peter Whitney)(emphasis in original).4.Ibid., 188.5.Ibid.6.Ibid., 200.7.Duties in American Colonies Act, 1765, 5 Geo.3, ch.12, § 57 (Eng.).The actimposed duties on American colonies as a means of raising revenue.It was repealedby statute, 1766, 6 Geo.3, ch.11 (Eng.), after riots in opposition to the act occurred inthe colonies.8.See the discussion in chapter 2.9.Charles C
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