Southern Legal Studies Ser. Series
By Andrew T. Fede, Jason A. Gillmer, W. Lewis Burke and
4/5
()
About this series
This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia’s state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter’s Constitutional History of Virginia covers over three hundred years of Virginia’s legislative policy, from colony to statehood, revealing its political and legal backstory.
From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state’s first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state’s constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.
Titles in the series (6)
- Slavery and Freedom in Texas: Stories from the Courtroom, 1821–1871
1
In these absorbing accounts of five court cases, Jason A. Gillmer offers intimate glimpses into Texas society in the time of slavery. Each story unfolds along boundaries—between men and women, slave and free, black and white, rich and poor, old and young—as rigid social orders are upset in ways that drive people into the courtroom. One case involves a settler in a rural county along the Colorado River, his thirty-year relationship with an enslaved woman, and the claims of their children as heirs. A case in East Texas arose after an owner refused to pay an overseer who had shot one of her slaves. Another case details how a free family of color carved out a life in the sparsely populated marshland of Southeast Texas, only to lose it all as waves of new settlers “civilized” the county. An enslaved woman in Galveston who was set free in her owner’s will—and who got an uncommon level of support from her attorneys—is the subject of another case. In a Central Texas community, as another case recounts, citizens forced a Choctaw native into court in an effort to gain freedom for his slave, a woman who easily “passed” as white. The cases considered here include Gaines v. Thomas, Clark v. Honey, Brady v. Price, and Webster v. Heard. All of them pitted communal attitudes and values against the exigencies of daily life in an often harsh place. Here are real people in their own words, as gathered from trial records, various legal documents, and many other sources. People of many colors, from diverse backgrounds, weave their way in and out of the narratives. We come to know what mattered most to them—and where those personal concerns stood before the law.
- Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World
2
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases—across time, place, and circumstance—to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters’ rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as “property,” from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters’ rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners’ families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws consistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
- All for Civil Rights: African American Lawyers in South Carolina, 1868–1968
3
“The history of the black lawyer in South Carolina,” writes W. Lewis Burke, “is one of the most significant untold stories of the long and troubled struggle for equal rights in the state.” Beginning in Reconstruction and continuing to the modern civil rights era, 168 black lawyers were admitted to the South Carolina bar. All for Civil Rights is the first book-length study devoted to those lawyers’ struggles and achievements in the state that had the largest black population in the country, by percentage, until 1930—and that was a majority black state through 1920. Examining court processes, trials, and life stories of the lawyers, Burke offers a comprehensive analysis of black lawyers’ engagement with the legal system. Some of that study is set in the courts and legislative halls, for the South Carolina bar once had the highest percentage of black lawyers of any southern state, and South Carolina was one of only two states to ever have a black majority legislature. However, Burke also tells who these lawyers were (some were former slaves, while others had backgrounds in the church, the military, or journalism); where they came from (nonnatives came from as close as Georgia and as far away as Barbados); and how they were educated, largely through apprenticeship. Burke argues forcefully that from the earliest days after the Civil War to the heyday of the modern civil rights movement, the story of the black lawyer in South Carolina is the story of the civil rights lawyer in the Deep South. Although All for Civil Rights focuses specifically on South Carolinians, its argument about the legal shift in black personhood from the slave era to the 1960s resonates throughout the South.
- Bridging Revolutions: The Lives of Chief Justices Richmond Pearson and John Belton O'Neall
5
Bridging Revolutions examines the lives of North Carolina chief justice Richmond Pearson (1805–1878) and South Carolina chief justice John Belton O’Neall (1793–1863) and their impact on the South’s transition from a slave to a free society. Joseph A. Ranney documents how the two judges fought to preserve the Union and protect basic civil rights for both white and Black southerners before and after the Civil War. Pearson’s and O’Neall’s lives were marked by contrarianism and controversy. Prior to the Civil War, they took important steps to soften slave law during times marked by calls for more discipline and control of slaves. O’Neall, a committed Unionist, resisted his state’s nullification movement during the 1830s and put an end to that movement with a crucial 1834 decision. Pearson was the only southern supreme court justice whose service spanned the antebellum, Civil War, and Reconstruction eras. During the Civil War, he stoutly defended North Carolinians’ civil rights against incursions by the central Confederate government. After the war, he urged the South to accept “the world as it is” rather than oppose civil rights for freed slaves, and he did more than any other southern judge to protect those rights and to reshape southern state law. Examined in conjunction, the two judges’ colorful public and private lives illuminate the complex relationship between southern law and culture during times of deep crisis and change.
- The Lost Translators of 1808 and the Birth of Civil Law in Louisiana
6
In 1808 the legislature of the Louisiana territory appointed two men to translate the Digest of the Laws in Force in the Territory of Orleans (or, as it was called at the time, simply the Code) from the original French into English. Those officials, however, did not reveal who received the commission, and the translators never identified themselves. Indeed, the “translators of 1808” guarded their secret so well that their identities have remained unknown for more than two hundred years. Their names, personalities, careers, and credentials, indeed everything about them, have been a missing chapter in Louisiana legal history. In this volume, Vernon Valentine Palmer, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana. One consequence of the translators' previous anonymity has been that the translation itself has never been fully examined before this study. To be sure, the translation has been criticized and specific errors have been pointed out, but Palmer's study is the first general evaluation that considers the translation's goals, the Louisiana context, its merits and demerits, its innovations, failures, and successes. It thus allows us to understand how much and in what ways the translators affected the future course of Louisiana law. The Lost Translators, through painstaking research, uncovers the identity of the translators, presents their life stories, and evaluates their translation in the context of the birth of civil law in Louisiana.
- Constitutional History of Virginia
6
This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia’s state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter’s Constitutional History of Virginia covers over three hundred years of Virginia’s legislative policy, from colony to statehood, revealing its political and legal backstory. From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state’s first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state’s constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.
Andrew T. Fede
ANDREW T. FEDE is a law partner of Archer & Greiner, P.C., based in New Jersey, and, since 1986, has been an adjunct professor of law at Montclair State University. He is the author of Roadblocks to Freedom: Slavery and Manumission in the United States South and People without Rights: An Interpretation of the Fundamentals of the Law of Slavery in the U.S. South.
Related to Southern Legal Studies Ser.
Related ebooks
Let Me Tell You Some Stories Rating: 0 out of 5 stars0 ratingsVincent Price Presents #31 Rating: 0 out of 5 stars0 ratingsSweet Pea Saves the Rainbows Rating: 0 out of 5 stars0 ratingsExtreme Rhyming Poetry: Over 400 Inspirational Poems of Wit, Wisdom, and Humor (Five Books in One) Rating: 0 out of 5 stars0 ratingsThe Accidental Warriors: The Accidental Warriors, #1 Rating: 0 out of 5 stars0 ratingsVincent Price Presents: Black & White #2 Rating: 0 out of 5 stars0 ratingsEarth-Sod-Blen Rating: 0 out of 5 stars0 ratingsThailand Rating: 0 out of 5 stars0 ratingsJudo Girl: Silencer Rating: 0 out of 5 stars0 ratingsFabulous Beekman Boys Present: Polka Spot #3 Rating: 0 out of 5 stars0 ratingsJourney through Time Rating: 0 out of 5 stars0 ratingsOrion the Hunter: Giant Rating: 0 out of 5 stars0 ratings10 Things You Should Know About Rating: 0 out of 5 stars0 ratingsFlying Saucers Vs. the Earth #3 Rating: 0 out of 5 stars0 ratingsOur Dream House Rating: 0 out of 5 stars0 ratingsIs God In Your Yard? Rating: 0 out of 5 stars0 ratingsStep By Step to Solve Word Problems Rating: 0 out of 5 stars0 ratingsMonster’s Among Us: A War of Witches Rating: 0 out of 5 stars0 ratingsLogan's Run: Aftermath #1 Rating: 0 out of 5 stars0 ratingsPaparazzi #0 Rating: 0 out of 5 stars0 ratingsMud Pups’ Adventures vol. 1 Rating: 0 out of 5 stars0 ratingsPolitical Power: Joe Biden Rating: 4 out of 5 stars4/5Children's Ten Commandments Rating: 0 out of 5 stars0 ratingsRock and Roll Comics: Joan Jett Rating: 0 out of 5 stars0 ratingsWhat Squirt Teaches Me about Jesus: Kids Learning about Jesus while Playing with Fido Rating: 0 out of 5 stars0 ratingsThe Muse #1 Rating: 0 out of 5 stars0 ratingsFlying Saucers Vs. the Earth #2 Rating: 0 out of 5 stars0 ratingsPolitical Power: Rush Limbaugh Rating: 0 out of 5 stars0 ratingsGlobo Arte March 2022 magazine Rating: 0 out of 5 stars0 ratingsOdyssey Presents: Anthology #2 Rating: 0 out of 5 stars0 ratings
Social Science For You
Come As You Are: Revised and Updated: The Surprising New Science That Will Transform Your Sex Life Rating: 4 out of 5 stars4/5A People's History of the United States Rating: 4 out of 5 stars4/5The Like Switch: An Ex-FBI Agent's Guide to Influencing, Attracting, and Winning People Over Rating: 4 out of 5 stars4/5Dumbing Us Down - 25th Anniversary Edition: The Hidden Curriculum of Compulsory Schooling Rating: 4 out of 5 stars4/5All About Love: New Visions Rating: 4 out of 5 stars4/5The Art of Witty Banter: Be Clever, Quick, & Magnetic Rating: 4 out of 5 stars4/5The Fourth Turning Is Here: What the Seasons of History Tell Us about How and When This Crisis Will End Rating: 4 out of 5 stars4/5Prisoners of Geography: Ten Maps That Explain Everything About the World Rating: 4 out of 5 stars4/5Just Mercy: a story of justice and redemption Rating: 5 out of 5 stars5/5Men Explain Things to Me Rating: 4 out of 5 stars4/5You're Not Listening: What You're Missing and Why It Matters Rating: 4 out of 5 stars4/5The Sun Does Shine: How I Found Life and Freedom on Death Row (Oprah's Book Club Selection) Rating: 4 out of 5 stars4/5The Human Condition Rating: 4 out of 5 stars4/5The Denial of Death Rating: 4 out of 5 stars4/5Nickel and Dimed: On (Not) Getting By in America Rating: 4 out of 5 stars4/5Close Encounters with Addiction Rating: 5 out of 5 stars5/5Rage Becomes Her: The Power of Women's Anger Rating: 4 out of 5 stars4/5King, Warrior, Magician, Lover: Rediscovering the Archetypes of the Mature Masculine Rating: 4 out of 5 stars4/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Homicide: A Year on the Killing Streets Rating: 4 out of 5 stars4/5Questions for Couples: 469 Thought-Provoking Conversation Starters for Connecting, Building Trust, and Rekindling Intimacy Rating: 0 out of 5 stars0 ratings
Related categories
Reviews for Southern Legal Studies Ser.
1 rating0 reviews