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Case #201314: The People vs. (1833) The United Saint Albans Court, Session 007 THE CASE

The Defendant: President Andrew Jackson of

The Plaintiffs: The Nation- led by John Ross (Cherokee Chief) The Bank of the –led by Nicholas The State of South Carolina –led by John C. Calhoun

The Charge: President Andrew Jackson has failed to honor promises made to the American people in his First Inaugural Address and Bank Veto Message.

"In administering the laws of Congress I shall keep steadily in view the limitations as well as the extent of the Executive power, trusting thereby to discharge the functions of my office without transcending its authority. . . . In such measures as I may be called on to pursue in regard to the rights of the separate States I hope to be animated by a proper respect for those sovereign members of our Union, taking care not to confound the powers they have reserved to themselves. . . . It will be my sincere and constant desire to observe toward the Indian tribes within our limits a just and liberal policy, and to give that humane and considerate attention to their rights and their wants which is consistent with the habits of our Government and the feelings of our people."

Andrew Jackson: "First Inaugural Address," March 4, 1829

"There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing."

Andrew Jackson: "Bank Veto Message," July 10, 1832

The Summary: This is a class action suit, in which a number of various constituencies – the Cherokee Nation, the Bank of the United States, and the state of South Carolina – feel that Jackson has not fulfilled the pledges outlined in his First Inaugural and Bank Veto Message. In essence, he is accused of wielding excessive executive power and of breaking promises.

THE ASSIGNMENT

Preparation Your class will be divided into the groups involved in the trial:

• President Jackson (the defendant!) • Cherokee Nation • B.U.S. • South Carolina

In the trial preparation phase of the assignment, your group will develop arguments for presentation during the legal proceedings. In the course of your research, you are encouraged to use a variety of sources including our text and the online resources noted below. Each member of the group should have clearly assigned roles for the Page | 2

trial phase, so be sure to take care of that before the trial commences. You will be given some class time to brainstorm and organize, but your group should establish a means of communication (email is fine) for collaboration outside of class.

The Trial: summer 1833

(Wednesday, October 24th and Thursday, October 25th)

The format of the trial will be as follows: • Submission of "Accusation Statements" (part of pre-trial preparation) – This lays out your charges against Jackson (see second bullet point under Assessment, below, for more details). • Opening Statements/The Case in Chief: each plaintiff group will have 6-8 minutes to make an opening statement, make specific accusations, and call witnesses (you may call anyone – someone from your own group, someone from another group, or the defendant) • Rebuttals by Defense – the Defense will have 6-8 minutes to respond to these accusations. • Open Floor – the floor will be open to all parties to dispute points (including cross examination of witnesses) – a total of about 15 minutes • Closing Statements – each Party will have 3-5 minutes for a final statement. • "Judges’ Opinions" (written; post-trial) – each student submits an individually-prepared written summary of his views on the outcome of the trial. (Due in class on Wednesday, Nov. 6th)

Assessment

Each participant will be assessed per the following: • Your group’s performance in Court will be judged according to your knowledge of the issues, your performance in Court, and the contributions of each member of the group. Please divide speaking opportunities—e.g., split up the opening statement so that there is more than one speaker; if you are calling witnesses, have different people conduct the examinations; and have a different student or students make the Closing Statement. • a 1 to 2 page Group Statement of your Accusations, or in the case of the Jackson group a Group Statement of your Defense. Your statement should include an introductory paragraph and an outline of your supporting points with appropriate evidence. Only one statement per group (you should, therefore, make sure that you all have a hand in it). • A 1 page (approx 300 words) Judge’s Opinion, due in class the day after the trial concludes, in which you step into the role of judge and declare who should really win the trial on each of the three issues and why. Explain the points that you thought were most salient. Essentially, you need to analyze the extent to which you think Andrew Jackson honored his own statement about the proper role of government. Each student must turn in his own summary.

BACKGROUND MATERIALS

The assigned readings in the Foner textbook and the following resources should provide you with ample background information in preparing your case.

There is also a wealth of information (including video clips, an extensive timeline, and maps) about Jackson and his presidency at the website designed in conjunction with the PBS film Andrew Jackson: Good, Evil & The Presidency. You may access that site at: http://www.pbs.org/kcet/andrewjackson/

The President of the United States (POTUS!) • Each of you in this group will defend Jackson on one of the three issues below. • See Foner (or online) for results from the elections of 1828 and 1832. Think about what these results tell you about Jackson's popularity with voters. • Note aspects of Jackson's life story that you will want to refer to during the trial. That and more can be found @ http://www.pbs.org/kcet/andrewjackson/ Page | 3

• Andrew Jackson: "Veto Message regarding the Second Bank of the United States" (1832) see WordPress @ http://staush.files.wordpress.com/2012/09/aj-bankveto.pdf • Andrew Jackson's seventh annual message to Congress: http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=3923 • Andrew Jackson: "Proclamation to the People of South Carolina Regarding Nullification," see WordPress @ http://staush.files.wordpress.com/2012/09/andrew-jackson-proclamation-to-the- people-of-south-carolina-regarding-nullification-1832.pdf • Andrew Jackson on Indian Removal ( 1830) see WordPress @ http://staush.files.wordpress.com/2012/09/andrew-jackson-on-indian-removal-1830.pdf

Second Bank of the United States led by Nicholas Biddle • see relevant sections of Foner • Andrew Jackson: "Veto Message regarding the Second Bank of the United States," (1832) @http://staush.files.wordpress.com/2012/09/aj-bankveto.pdf • http://www.loc.gov/pictures/item/2008661753/ • 's response to Jackson's veto, 1832 (read the first 8 paragraphs or so) http://teachingamericanhistory.org/library/index.asp?document=93 • Letter from Nicholas Biddle to Henry Clay, 1832 @http://www.familytales.org/dbDisplay.php?id=ltr_nib5277&person=nib

Cherokee Nation led by John Ross: • see relevant sections of Foner • John Ross' Letter to David Crockett (1831), see WordPress @ • Documents relevant to Indian Removal Policy http://www.digitalhistory.uh.edu/learning_history/indian_removal/removal_policy.cfm • Protests against Indian policy from two Native Americans http://www.digitalhistory.uh.edu/learning_history/indian_removal/resistance.cfm

South Carolina led by John C. Calhoun: • see relevant sections of Foner • John C. Calhoun: "To the People of the United States," 1832 @ http://staush.files.wordpress.com/2012/09/john-c-calhoun-to-the-people-of-the-united-states- 1832.pdf • South Carolina Ordinance of Nullification, 1832 @http://avalon.law.yale.edu/19th_century/ordnull.asp • Jackson’s response, 1832 @ http://avalon.law.yale.edu/19th_century/jack01.asp • Statement by Governor Robert Hayne of South Carolina, 1832 @http://www.digitalhistory.uh.edu/documents/documents_p2.cfm?doc=63

THE LINEUP

Andrew B.U.S. Cherokee Nation South Carolina Jackson Capathermal Gewirz Hedden Labaree Kardos Medish Poulson

Sylvester Trimble Uyumazturk