Cover

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Series Page, Half Title, Title Page, Copyright

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pp. 4-5

Contents

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pp. vii-viii

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Acknowledgments

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pp. ix-x

No book can be written by one person alone. For me to thank everyone who has helped with this project is certainly appropriate but also a challenge. I have to start with the late Dr. George Rogers, who gave me Dr. John Oldfield’s article on black lawyers in nineteenth-century South Carolina. ...

List of Abbreviations

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pp. xi-xii

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Introduction

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pp. 1-5

The history of the black lawyer in South Carolina is one of the most significant untold stories of the long and troubled struggle for equal rights in the state. From the Reconstruction period and continuing to the modern civil rights era, 170 black lawyers shaped both the political and legal lives of all the citizens of the state. ...

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1. The Coming of Freedom

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pp. 6-19

For the first three hundred years of its history, South Carolina had no black lawyers and no advocacy within the state for the rights of blacks. Virtually all blacks were slaves. As a colony and later as a state, South Carolina relied on slaves as its dominant economic asset. Not only was its plantation economy dependent on slavery ...

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2. Reconstruction and the Birth of a New Kind of Lawyer

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pp. 20-41

The first few years after the Civil War were the era known as Presidential Reconstruction. President Andrew Johnson’s concept of reuniting the nation after the war was so conciliatory toward the ex-Confederates that it was doomed to failure. Johnson encouraged southern whites to believe that the country would return to the antebellum system, albeit without legalized slavery. ...

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3. The Education of the New Lawyers

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pp. 42-58

On September 23, 1868, the South Carolina Supreme Court, with Justices A. J. Willard and S. L. Hoge sitting, swore in the first black lawyers ever admitted to the state’s bar. First, Jonathan Jasper Wright was admitted based on his previous admission in Pennsylvania. Then after an examination of 250 questions administered by the state’s attorney general and a state senator, ...

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4. Law Practice in Reconstruction

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pp. 59-72

While the greatest contributions to civil liberties by South Carolina’s black lawyers in the nineteenth century came through the political and legislative processes, many of these men were also effective courtroom advocates who advanced the cause of civil rights on a case-by-case basis. During Reconstruction, at least thirty black lawyers practiced in the state’s courts. ...

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5. The End of Reconstruction: Purge, Exodus, and Demise

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pp. 73-87

The 1876 presidential election and an armed rebellion by white Democrats led to the overthrow of Reconstruction government in the state. The Redeemer Democrats’ use of terrorist tactics in the campaign of 1876 signaled that white Democrats would use any means necessary to terminate the civil rights of the state’s black citizens. ...

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6. New Lawyers

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pp. 88-98

After Reconstruction, the black community’s struggle for equality and justice required new tactics and increased resistance. Critical to the struggle was the education of new lawyers for the continuation of the black bar. In his book The New South, D. A. Straker titled one of his chapters “The Necessity for a Broader and Higher Education in the South.” ...

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7. Law Practice and Politics in the Gilded Age

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pp. 99-111

The post-Reconstruction era was called the Gilded Age by Mark Twain to describe a time when there was a “thin but glittering layer of prosperity” that gilded the poverty and corruption permeating the nation.1 In South Carolina the last quarter of the nineteenth century did not even offer a patina of prosperity for the black community. ...

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8. A Last Stand

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pp. 112-130

The Civil War brought freedom, and Reconstruction established civil rights for the state’s black citizens, but the Jim Crow era saw a nearly complete reversal of those gains. In fact, blacks faced an organized attack by the Democratic Party on freedom and civil rights. The chief goal of white Democrats was to deprive blacks of the vote. ...

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9. From the Great Migration to the Great Depression

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pp. 131-148

After the new constitution was finalized on December 3, 1895, the white supremacists were firmly in control, and the future for the state’s black citizens was even more ominous. The new constitution defined who was black. Even though it mandated separate schools for black and white children, the legislature felt it necessary to further codify racial divisions and exclusions.1 ...

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10. All-White Juries and the Continuing Struggle for Voting Rights

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pp. 149-167

The impact of the all-white jury on black defendants and the hypocrisy of the white-dominated judiciary of the state were on full display when trial judge Hayne P. Rice sentenced James “Bogus” Sanders to death in 1915. Judge Rice said, “Bogus, my advice to you is to prepare for death and make peace with your God. You have been given full opportunity to clear yourself; ...

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11. The 1940s and the Civil Rights Era

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pp. 168-181

The Great Depression drained South Carolina of both financial and human resources. Coupled with decades of Jim Crow, the impact on the black community was devastating. In “looking at the life and lot of South Carolina Negroes in the early 1930’s,” one historian said he got “the impression of a people trapped in a morass.”1 Many blacks simply gave up and left the state. ...

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12. The Modern Civil Rights Era

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pp. 182-204

With the successes of the NAACP’s South Carolina cases, the civil rights revolution was well under way by the early 1950s. But the state remained a bastion of segregation. More blacks were able to vote, but no black was elected to public office in the 1950s or 1960s. Also, because of white resistance, the dual secondary and elementary school systems would not be eliminated until 1970. ...

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13. A New Generation

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pp. 205-218

Not all of the lawyers admitted in the 1950s and 1960s were graduates of S.C. State Law School. For various reasons, some attended law school out of state, and two read law. Nonetheless, these lawyers chose to practice law in South Carolina. These lawyers would contribute significantly to the struggle for civil rights in the state. ...

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Conclusion

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pp. 219-223

In 1968 the Charleston News and Courier ran a story headlined “Negro Lawyers Note Tremendous Improvement.”1 The reporter had interviewed a group of black lawyers about their experience practicing law. He did not mention that he was writing on the hundredth anniversary of the admission to the bar of the first black lawyers in the state’s history, ...

Appendix A: African American Lawyers in South Carolina, 1868–1968

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pp. 224-228

Appendix B: Alphabetical List

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pp. 229-232

Appendix C: Read Law

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pp. 233-235

Appendix D: Law School Attended

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pp. 236-241

Appendix E: White Lawyers and Black Lawyers in Southern States

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p. 242

Notes

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pp. 243-332

Index

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pp. 333-346

Images

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