THE SOUTHERN JUDICIAL TRADITION STATE JUDGES AND SECTIONAL DISTINCTIVENESS 1790 1890 STUDIES IN THE LEGAL HISTORY OF THE SOUTH SER

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The Southern Judicial Tradition

Author : Timothy S. Huebner
ISBN : 9780820342283
Genre : History
File Size : 42.71 MB
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He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.
Category: History

Local Matters

Author : Christopher Waldrep
ISBN : 9780820342054
Genre : Law
File Size : 26.70 MB
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Much of the current reassessment of race, culture, and criminal justice in the nineteenth-century South has been based on intensive community studies. Drawing on previously untapped sources, the nine original papers collected here represent some of the best new work on how racial justice can be shaped by the particulars of time and place. Although each essay is anchored in the local, several important larger themes emerge across the volume--such as the importance of personality and place, the movement of former slaves from the capriciousness of "plantation justice" to the (theoretically) more evenhanded processes of the courts, and the increased presence of government in daily aspects of American life. Local Matters cites a wide range of examples to support these themes. One essay considers the case of a quasi-free slave in Natchez, Mississippi--himself a slaveowner--who was "reined in" by his master through the courts, while another shows how federal aims were subverted during trials held in the aftermath of the 1876 race riots in Ellenton, South Carolina. Other topics covered include the fear of black criminality as a motivation of Klan activity; the career of Thomas Ruffin, slaveowner and North Carolina Supreme Court Justice; blacks and the ballot in Washington County, Texas; the overturned murder conviction of a North Carolina slave who had killed a white man; the formation of a powerful white bloc in Vicksburg, Mississippi; agitation by black and white North Carolina women for greater protections from abusive white male elites; and slaves, crime, and the common law in New Orleans. Together, these studies offer new insights into the nature of law and the fate of due process at different stages of a highly racialized society.
Category: Law

Appealing For Liberty

Author : Loren Schweninger
ISBN : 9780190664305
Genre : History
File Size : 70.58 MB
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Dred Scott and his landmark Supreme Court case are ingrained in the national memory, but he was just one of multitudes who appealed for their freedom in courtrooms across the country. Appealing for Liberty is the most comprehensive study to give voice to these African Americans, drawing from more than 2,000 suits and from the testimony of more than 4,000 plaintiffs from the Revolutionary era to the Civil War. Through the petitions, evidence, and testimony introduced in these court proceedings, the lives of the enslaved come sharply and poignantly into focus, as do many other aspects of southern society such as the efforts to preserve and re-unite black families. This book depicts in graphic terms, the pain, suffering, fears, and trepidations of the plaintiffs while discussing the legal systemlawyers, judges, juries, and testimonythat made judgments on their "causes," as the suits were often called. Arguments for freedom were diverse: slaves brought suits claiming they had been freed in wills and deeds, were born of free mothers, were descendants of free white women or Indian women; they charged that they were illegally imported to some states or were residents of the free states and territories. Those who testified on their behalf, usually against leaders of their communities, were generally white. So too were the lawyers who took these cases, many of them men of prominence, such as Francis Scott Key. More often than not, these men were slave owners themselves-- complicating our understanding of race relations in the antebellum period. A majority of the cases examined here were not appealed, nor did they create important judicial precedent. Indeed, most of the cases ended at the county, circuit, or district court level of various southern states. Yet the narratives of both those who gained their freedom and those who failed to do so, and the issues their suits raised, shed a bold and timely light on the history of race and liberty in the "land of the free."
Category: History

America History And Life

Author : American Bibliographical Center
ISBN : UOM:39015065433024
Genre : United States
File Size : 37.31 MB
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.
Category: United States

Southern Studies

Author :
ISBN : UCR:31210024600189
Genre : Louisiana
File Size : 60.56 MB
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Category: Louisiana

Dred Scott And The Politics Of Slavery

Author : Earl M. Maltz
ISBN : 0700615024
Genre : Law
File Size : 77.65 MB
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Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
Category: Law

The Constitution And The Nation

Author : Christopher Waldrep
ISBN : 0820457329
Genre : Law
File Size : 32.91 MB
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The rapid acceleration of industrialization and the transformation of market capitalism that followed the Civil War provided new opportunities for employment and wealth for many Americans. But these opportunities came at a cost: overcrowded and unsanitary housing, long work hours in dangerous conditions, and child labor in factories and mines. At the nineteenth century's end, Progressivism emerged as a national movement to redress the extreme imbalances in wealth and power that had come to characterize American life and to ameliorate some of the worst consequences of industrialization. The United States Supreme Court struggled with questions of preserving individual and property rights versus government regulation on behalf of the public interest. Following the stock market crash of 1929, President Franklin D. Roosevelt's New Deal greatly expanded the regulatory state and brought about a constitutional revolution. This volume assembles the era's most important Supreme Court decisions, treatises, articles, and speeches, documenting our nation's Constitutional history from the Gilded Age through World War II.
Category: Law