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A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
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 con-sistently 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.
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law—and placing these suits into conversation with similar encounters that arose in appellate cases nationwide—Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
The traditional image of slavery begins with a master and a slave. However, not all slaves had traditional masters; some were owned instead by institutions, such as church congregations, schools, colleges, and businesses. This practice was pervasive in early Virginia; its educational, religious, and philanthropic institutions were literally built on the backs of slaves. Virginia's first industrial economy was also developed with the skilled labor of African American slaves. This book focuses on institutional slavery in Virginia as it was practiced by the Anglican and Presbyterian churches, free schools, and four universities: the College of William and Mary, Hampden-Sydney College, the University of Virginia, and Hollins College. It also examines the use of slave labor by businesses and the Commonwealth of Virginia in industrial endeavors. This is not only an account of how institutions used slavery to further their missions, but also of the slaves who belonged to institutions.
Commemoration lies at the poetic, historiographic, and social heart of human community. It is how societies define themselves and is central to the institution of the city. Addressing the complex ways that monuments in the United States have been imagined, created, and perceived from the colonial period to the present, Commemoration in America is a wide-ranging volume that focuses on the role of remembrance and memorialization in American urban life. The volume’s contributors are drawn from a spectrum of disciplines—social and urban history, urban planning, architecture, art history, preservation, and architectural history—and take a broad view of commemoration. In addition to the making of traditional monuments, the essays explore such commemorative acts as building preservation, biography, portraiture, ritual performance, street naming, and the planting of trees. Providing an overview of American memorialization and the impulses behind it, Commemoration in America emphasizes a universal tendency for individuals and groups to use monuments to define their contemporary social identity and to construct historical narratives. The volume shows that while commemorative acts and objects affect the community in fundamental ways, their meaning is always multivalent and conflicted, attesting to both triumphs and tragedies. Constituting a vital part of both individual and national identity, commemoration’s contradictions strike at the core of American identity and speak to the importance of remembrance in the construction of our diverse national cultural landscape. Contributors: Jhennifer A. Amundson, Judson University * Catherine W. Bishir, North Carolina State University Libraries * Thomas J. Campanella, University of North Carolina at Chapel Hill * Glenn T. Eskew, Georgia State University * Glenn Forley, Parsons / The New School for Design * Sally Greene, University of North Carolina at Chapel Hill * Alison K. Hoagland, Michigan Technological University * Lynne Horiuchi, University of California, Berkeley * Ellen M. Litwicki, SUNY Fredonia * David Lowenthal, University College London * Mark A. Peterson, University of California, Berkeley * Richard M. Sommer, University of Toronto * Dell Upton, University of California, Los Angeles
Fanatical Schemes is a study of proslavery rhetoric in the 1830s.
Henry E. Frye came of age just as the South was beginning a transformational change. When he graduated from college in 1953, African Americans like him could only hope that the future would be different from the past. At the close of his public career in 2001, he was chief justice of the North Carolina Supreme Court--the head of the state's third branch of government. Throughout their lives, Frye and his wife, Shirley, were in the vanguard of the advances that shaped the lives of African Americans. His election to the state legislature in 1968 was the beginning of steady, determined efforts to expand opportunities for African Americans in politics, business and society at large. This book traces, along with his career, the growing participation of African Americans in the civic, political and social life of North Carolina.
The Civil War was just days old when the first enslaved men, women, and children began fleeing their plantations to seek refuge inside the lines of the Union army as it moved deep into the heart of the Confederacy. In the years that followed, hundreds of thousands more followed in a mass exodus from slavery that would destroy the system once and for all. Drawing on an extraordinary survey of slave refugee camps throughout the country, Embattled Freedom reveals as never before the everyday experiences of these refugees from slavery as they made their way through the vast landscape of army-supervised camps that emerged during the war. Amy Murrell Taylor vividly reconstructs the human world of wartime emancipation, taking readers inside military-issued tents and makeshift towns, through commissary warehouses and active combat, and into the realities of individuals and families struggling to survive physically as well as spiritually. Narrating their journeys in and out of the confines of the camps, Taylor shows in often gripping detail how the most basic necessities of life were elemental to a former slave's quest for freedom and full citizenship. The stories of individuals--storekeepers, a laundress, and a minister among them--anchor this ambitious and wide-ranging history and demonstrate with new clarity how contingent the slaves' pursuit of freedom was on the rhythms and culture of military life. Taylor brings new insight into the enormous risks taken by formerly enslaved people to find freedom in the midst of the nation's most destructive war.