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allowed that “[Natives] may, without a doubt, be naturalized by <strong>the</strong><br />
authority <strong>of</strong> Congress, and become citizens <strong>of</strong> a State, and <strong>of</strong> <strong>the</strong> <strong>United</strong><br />
<strong>States</strong>.” 38 Taney continued: “If an individual should leave his nation or<br />
tribe, and take up his abode among <strong>the</strong> white population, he would be<br />
entitled to all <strong>the</strong> rights and privileges which would belong to an emigrant<br />
from any o<strong>the</strong>r foreign people.” 39 Taney opined that Native people could<br />
become citizens as long as <strong>the</strong>y assimilated and adopted whiteness, and<br />
Black people, under no circumstance, could not. Finally, Taney affirmed—<br />
within <strong>the</strong> confines <strong>of</strong> colonialism—<strong>the</strong> humanity <strong>of</strong> Native people, while<br />
asserting that Black folks were “articles <strong>of</strong> merchandise.”<br />
We see, again, that in US history, African and <strong>Indigenous</strong> peoples in <strong>the</strong><br />
US have been intimately linked. Even more, <strong>the</strong> creators <strong>of</strong> <strong>the</strong> US nationstate<br />
and democratic project found ways to connect <strong>the</strong>m in unexpected<br />
ways, including via <strong>the</strong> legal realm.<br />
AMERICAN COLONIZATION SOCIETY<br />
White men in <strong>the</strong> early part <strong>of</strong> <strong>the</strong> nineteenth century understood <strong>the</strong><br />
connections between creating a white republic, removing Black and<br />
<strong>Indigenous</strong> peoples, and fur<strong>the</strong>r colonizing <strong>the</strong> land. It is no surprise that<br />
white politicians supported, across party lines, <strong>the</strong> American Colonization<br />
Society (ACS). Founded in 1816, <strong>the</strong> goal was to remove free African<br />
Americans and enslaved Africans and send <strong>the</strong>m to Africa so that <strong>the</strong>y<br />
could simultaneously abolish slavery, remove Black people, and create a<br />
white republic. White people at that time were scared. They had a reason to<br />
be concerned. Enslaved African insurrections were always possible, as<br />
demonstrated by Haiti, which through revolution became <strong>the</strong> first Black<br />
nation and <strong>the</strong> second independent democratic nation in <strong>the</strong> West. As<br />
historian Brandon Byrd argues, “In <strong>the</strong> antebellum <strong>United</strong> <strong>States</strong>, Haiti<br />
became synonymous with slave insurrection and black barbarism. It came<br />
to mean <strong>the</strong> specter <strong>of</strong> abolitionism, and for that it was shunned.” 40 For<br />
slave owners, Haiti, as a representation <strong>of</strong> Black revolutionary possibility,<br />
“undermined <strong>the</strong> power <strong>of</strong> white planters and businessmen who reaped<br />
from black labor <strong>the</strong> greatest pr<strong>of</strong>its that <strong>the</strong> world had ever seen.” For<br />
those looking for equality, “it encouraged o<strong>the</strong>r visions <strong>of</strong> emancipation and<br />
emboldened champions <strong>of</strong> racial equality.” 41 Thus, it is not surprising that