Download Free The Practical Justice Of The Peace And Parish Officer Of His Majestys Province Of South Carolina Book in PDF and EPUB Free Download. You can read online The Practical Justice Of The Peace And Parish Officer Of His Majestys Province Of South Carolina and write the review.

Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
This absorbing appraisal of colonial South Carolina political history is developed in three parts: The Age of the Goose Creek Men," covering 1670-1712; "Breakdown and Recovery--in which the central dispute was over local currency--1712-43; and "The Rise of the Commons House of Assembly, 1743-63." Originally published in 1966. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.
This is a chronicle of South Carolina describing in human terms 475 years of recorded history in the Palmetto State. Recounting the period from the first Spanish exploration to the end of the Civil War, the author charts South Carolina's rising national and international importance.
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
James, Eldon Revare. A List of Legal Treatises Printed in the British Colonies and the American States Before 1801. Cambridge, Mass.: Harvard University Press, 1934. 52 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-143-7. Cloth. $50. * A bibliography of items published in the British colonies and the United States between 1687-1800, organized by date with complete title page transcriptions. During these years most law books were printed for the benefit of the officer or layman who was called upon to act in a legal capacity. Therefore legal manuals, formbooks, pocket-books, young clerk's vade mecums, justice of the peace manuals, the Conductor Generalis and the like provided the legal sources of the time. This bibliography contains occasional annotations regarding the various printings. Originally published in Harvard Legal Essays.
In this exhaustive biography, Keith Krawczynski details the political and social career of William Henry Drayton (1742–1779), an ambitious, wealthy lowcountry planter and zealous patriot leader who was at the center of Revolutionary activity in South Carolina from 1774 until his death five years later. Considered the most effective Whig polemicist in the lower South, Drayton served on all his state’s important Revolutionary governing bodies, commanded a frigate of war, was elected chief justice in 1776, co-authored South Carolina’s 1778 constitution, and represented the state in the Continental Congress from 1778 until his demise. Although Drayton was a leading radical and the central figure of the American Revolution in South Carolina, historians have largely ignored his contributions. With William Henry Drayton, Krawczynski removes this fascinating man from the shadows of history. Drayton was an improbable rebel. After receiving his formal education in England, the South Carolina–born Drayton returned to his birthplace as a planter and continued to espouse Royalist ideals. During a later visit to Britain, he was hailed as a champion of British sovereignty. In fact, South Carolina harbored few early revolutionaries, as low-country planters and merchants remained entrenched in the imperial system of trade, backcountry residents strongly identified with the king, and whites feared showing division lest their slaves launch a rebellion. Yet, disgruntled with the king’s increasing infringement on American liberties, Drayton embraced the rebel cause with the zealotry of a recent convert and eventually did more to resist British rule than any other resident of the Palmetto State. Because he entered the Revolution as a supporter of the Crown, Drayton’s life sheds light on why the planter-mercantile gentry rebelled against the mother country on which it relied for its economic status. His energetic attempts to preserve the provincial hierarchy and keep the reins of government firmly in the hands of the local aristocracy also help to explain why South Carolina’s rebellion was more politically conservative than that of other states. By raising the profile of this South Carolina patriot, William Henry Drayton brings new depth to our understanding of the American Revolution.