New Directions in Southern Legal History
Publication Year: 2013
Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South.
Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.
Published by: University of Georgia Press
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Series Page, Title Page, Copyright, Dedication
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List of Illustrations
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...in the early morning hours before a long day at the Organization of American Historians annual meeting, when we came up with the idea to put together a collection of essays about the legal history of the South. Over time, the idea took shape as we talked about what the many legal historians of the South had to say on the subject. It has been a great joy to work with the es-...
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...denhamer hosted a conference at the University of Southern Mississippi on southern legal history that invigorated a promising yet relatively unexplored subject. Prior to their conference, southern legal history was less visible as a fi eld, appearing only sporadically in history journals. Scholars working in the fi eld were few, and the “vastness of the research which remain[ed] to be ...
PART I: COLONIAL AND EARLY NATIONAL LEGAL REGIMES
In My Mother’s House: Dowry Property and Female Inheritance Patterns in Spanish Florida
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...in rhythm and rhyme, Antes de casar, ten casa de morar (Before marrying, have a house to live in). The residents of Spanish Florida developed ways to address this universal concern through combining the laws of the Spanish empire with local realities in the colonial period. In St. Augustine, brides, not grooms, oft en were the source of the homes for the new family. In part, ...
The Law and Order Campaign in New Orleans, 1763–1765: A Comparative View
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...unusual crackdown on suspected criminals. The ensuing arrests, torture, convictions, and executions reveal an eighteenth century at its least enlight-ened and provide a context in which to explore several comparative themes. First, compared with the parish’s immediate past and future, the crackdown was an isolated exception; it did not refl ect routine judicial activism in ...
“Using the Faculties Conceded to Her by Law”: Slavery, Law, and Agency in Spanish New Orleans, 1763–1803
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...of the estate of Jean Baptiste Destrehan, petitioned the estate’s executors for freedom for herself and her fi ve- year- old daughter, Felicité. Gabriel Fa-zende, one of the estate’s two executors, quickly consented, but the second executor, Estevan Boré, who was married to one of Destrehan’s daughters, refused. Asking the court to dismiss Catherina’s petition, Boré declared that ...
South Carolina’s Grand Jury Presentments: The Eighteenth-Century Experience
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...hearing about grand jury indictments. Between media scandals and pro-cedural television programs such as Law and Order that follow the accused from arraignment to trial, individuals in our age are sometimes overly in-formed about indictments of public fi gures or fi ctional characters who have run afoul of the law. Indictments are the result of information provided to ...
Guarding Republican Liberty: St. George Tucker and Judging in Federal Virginia
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J.scudge St. G.sceorge Tucker had just left the bench late in the evening of September 3, 1791, when he scrawled a short message to attorney Charles Lee in the fl ickering candlelight. “In a cooler moment,” he wrote, “it is not improbable you may be convinced that in my offi cial conduct I have neither deserved the Imputation of partiality, nor of blood- thirstyness—if ...
PART II: LAW AND SOCIETY IN THE LONG NINETEENTH CENTURY
The Shades of Loyalty: Elisha W. Chester and the Cherokee Removal
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...scribing how the New York Female Moral Reform Society, the group that published the newspaper, was involved in a bitter dispute with its publishing agent. The society had relieved Charles Yale from his position for certain fi nancial irregularities; Yale, in retaliation, had published a pamphlet con-demning the society and accusing it of using funds off ered for philanthropic ...
The Material Conditions of Dependency: The Hidden History of Free Women’s Control of Property in the Early Nineteenth-Century South
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...diary, which she did regularly from the age of seventeen until her death at age twenty- three. That day, she and her mother had gone “to town a trad-ing” and purchased knives and forks as well as calico to make dresses for Elizabeth and her sister, Amanda. The town was likely Hillsville, tucked into the southwest corner of Carroll County, Virginia, near the point where ...
Democracy, and Lynching, in America
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...bolized the nation’s commitment to liberty and the rule of law, a fundamen-tal pledge to make freedom a national principle. Since 1985, though, ques-tions about whether the Constitution should be properly seen as a freedom document have gained momentum. Much of this criticism cites the power-ful role played by white southerners at the 1787 Constitutional Convention ...
The World Made by Laws and the Laws Made by the World of the Old South
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...rated the study of thought in the Old South. That is a tough task for at least two reasons. First, as the title of Drew Faust’s A Sacred Circle implies, self- identifi ed intellectuals were relatively few. Second, and this is more a prod-uct of our limitation than of their world, we have diffi culty understanding how smart and well- educated people could support an institution that is so ...
Peaceful Revolution and Popular Sovereignty: Reassessing the Constitutionality of Southern Secession
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Plainly, the central idea of secession, is the essence of anarchy.secession has long been a question of political morality. To say that seces-sion was or was not constitutional is to say that the Civil War was or was not justifi ed. Thus, two poles have come to defi ne the interpretation of seces-sion’s constitutionality. Beginning shortly aft er the war in works by, among ...
Strategic Litigation and the Death of Reconstruction
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...the American South. With the federal government in control of the states of the former Confederacy, social, political, and even economic relations in southern society could have been profoundly altered. African Ameri-cans could have achieved some signifi cant and lasting measure of equality with their former masters if federal legislators had remained committed to a ...
Homestead Exemption and Southern Legal Culture
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...tent southern legal culture had unique dimensions. Understandably, much attention has been focused on race and caste as a dominant theme in fash-ioning law in the southern states. Yet this emphasis may obscure another characteristic—chronic indebtedness—that profoundly shaped the evolu-tion of legal norms in the South. It is easy to forget today that until the ...
PART III: CONSTITUTIONALISM, CIVIL RIGHTS, AND CIVIL LIBERTIES
A Place for Themselves in the Modern World: Southern Women and Alcohol in the Age of Prohibition, 1912–1933
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...she had been raped by a black man. When the governor sent two offi cers to investigate, they reported back that the woman involved had been intimate with two white men, one of whom apparently became very angry that he was sharing her aff ections. “It is generally believed that he beat this woman up himself and, in order to protect him from being arrested, she claimed ...
Race, Property, and Negotiated Space in the American South: A Reconsideration of Buchanan v. Warley
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...and William Warley, an African American postal employee, began a real es-tate transaction that would end at the Supreme Court of the United States. On May 11 of that year, the city of Louisville, Kentucky, located on the Ohio River, the historic border between North and South, enacted an ordinance that prohibited white property owners from selling to African Americans ...
Race, Law, and Southern Public Higher Education, 1860s–1960s
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...the hundred years aft er universal emancipation—the law of race and higher education in the U.S. South went through a series of substantial changes. In various confi gurations, three forces or groups lined up to shape the law of race and higher education in the region: (1) black southerners, (2) white policy makers in southern states, and (3) federal authorities (mostly Con-...
The Southern Roots of the Reapportionment Revolution
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In J.sculy 1961, only thirteen states had constitutional or statu-tory rules requiring the apportionment of the upper houses of their leg-islatures to be based on population alone; for the lower houses, the num-ber stood at just twelve. An additional seven states mandated that their upper houses take population fi gures into account but allowed for “minor” ...
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement
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The Southern view, strongly held, is that in a free society, great he sees fi t. Call this a property right, or a right of privacy, or a On J.sculy 2, 1964, aft er more than a year of national debate, Congress passed and President Lyndon B. Johnson signed into law the Civil Rights Act of 1964. The most controversial part of the law was the public ...
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Page Count: 480
Illustrations: 7 b&w photos, 1 table, 4 figures
Publication Year: 2013
Series Title: Studies in the Legal History of the South