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Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Is justice only achievable by means of bureaucratization or might it first arrive with the end of bureaucracy? Bureaucratic Fanatics shows how this ever more contentious question in contemporary politics belongs to the political-theological underpinnings of bureaucratization itself. At the end of the 18th century, a new and paradoxical kind of fanaticism emerged - rational fanaticism - that propelled the intensive biopolitical management of everyday life in Europe and North America as well as the extensive colonial exploitation of the earth and its peoples. These excesses of bureaucratization incited in turn increasingly fanatical forms of resistance. And they inspired literary production that provocatively presented the outrageous contours of rationalization. Combining political theory with readings of Kleist, Melville, Conrad, and Kafka, this genealogy of bureaucratic fanaticism relates two extreme figures: fanatical bureaucrats driven to the ends of the earth and to the limits of humanity by the rationality of the apparatuses they serve; and peculiar fanatics who passionately, albeit seemingly passively, resist the encroachments of bureaucratization.
Seneca Possessed examines the ordeal of a Native people in the wake of the American Revolution. As part of the once-formidable Iroquois Six Nations in western New York, Senecas occupied a significant if ambivalent place within the newly established United States. They found themselves the object of missionaries' conversion efforts while also confronting land speculators, poachers, squatters, timber-cutters, and officials from state and federal governments. In response, Seneca communities sought to preserve their territories and culture amid a maelstrom of economic, social, religious, and political change. They succeeded through a remarkable course of cultural innovation and conservation, skillful calculation and luck, and the guidance of both a Native prophet and unusual Quakers. Through the prophecies of Handsome Lake and the message of Quaker missionaries, this process advanced fitfully, incorporating elements of Christianity and white society and economy, along with older Seneca ideas and practices. But cultural reinvention did not come easily. Episodes of Seneca witch-hunting reflected the wider crises the Senecas were experiencing. Ironically, as with so much of their experience in this period, such episodes also allowed for the preservation of Seneca sovereignty, as in the case of Tommy Jemmy, a Seneca chief tried by New York in 1821 for executing a Seneca "witch." Here Senecas improbably but successfully defended their right to self-government. Through the stories of Tommy Jemmy, Handsome Lake, and others, Seneca Possessed explores how the Seneca people and their homeland were "possessed"—culturally, spiritually, materially, and legally—in the era of early American independence.
New York Times Editors’ Choice Winner of the Bancroft Prize Winner of the Francis Parkman Prize Winner of the Gotham Book Prize Winner of the New York Society Library's New York City Book Award Journal of the American Revolution Book of the Year Winner of the David J. Langum, Sr. Prize in American Legal History A riveting Revolutionary Era drama of the first published rape trial in American history and its long, shattering aftermath, revealing how much has changed over two centuries—and how much has not On a moonless night in the summer of 1793 a crime was committed in the back room of a New York brothel—the kind of crime that even victims usually kept secret. Instead, seventeen-year-old seamstress Lanah Sawyer did what virtually no one in US history had done before: she charged a gentleman with rape. Her accusation sparked a raw courtroom drama and a relentless struggle for vindication that threatened both Lanah’s and her assailant’s lives. The trial exposed a predatory sexual underworld, sparked riots in the streets, and ignited a vigorous debate about class privilege and sexual double standards. The ongoing conflict attracted the nation’s top lawyers, including Alexander Hamilton, and shaped the development of American law. The crime and its consequences became a kind of parable about the power of seduction and the limits of justice. Eventually, Lanah Sawyer did succeed in holding her assailant accountable—but at a terrible cost to herself. Based on rigorous historical detective work, this book takes us from a chance encounter in the street into the sanctuaries of the city’s elite, the shadows of its brothels, and the despair of its debtors’ prison. The Sewing Girl's Tale shows that if our laws and our culture were changed by a persistent young woman and the power of words two hundred years ago, they can be changed again. Includes photographs
No scholarly reference library is complete without a copy of Ancestry's Red Book. In it, you will find both general and specific information essential to researchers of American records. This revised 3rd edition provides updated county and town listings within the same overall state-by-state organization. Whether you are looking for your ancestors in the northeastern states, the South, the West, or somewhere in the middle, ""Ancestry's Red Book has information on records and holdings for every county in the United States, as well as excellent maps from renowned mapmaker William Dollarhide. In short, the ""Red Book is simply the book that no genealogist can afford not to have. The availability of census records such as federal, state, and territorial census reports is covered in detail. Unlike the federal census, state and territorial census were taken at different times and different questions were asked. Vital records are also discussed, including when and where they were kept and how""
The Oxford Handbook of New York State Government and Politics brings together top scholars and former and current state officials to explain how and why the state is governed the way that it is. The book's thirty-one chapters assemble new scholarship in key areas of governance in New York, document the state's record in comparison to other U.S. states, and identify directions for future research.