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Race and the Law in South Carolina carefully reconstructs the social history behind six legal disputes heard in the South Carolina courts between the 1840s and the 1940s. The book uses these case studies to probe the complex relationship between race and the law in the American South during a century that included slavery, Reconstruction, and Jim Crow. Throughout most of the period covered in the book, the South Carolina legal system obsessively drew racial lines, always to the detriment of nonwhite people. Occasionally, however, the legal system also provided a public forum--perhaps the region's best--within which racism could openly be challenged. The book emphasizes how dramatically the degree of legal oppressiveness experienced by Black South Carolinians varied during the century under study, based largely on the degree of Black access to political and legal power. During the era of slavery, both enslaved and nominally "free" Black South Carolinians suffered extreme legal disenfranchisement. They had no political voice and precious little access to legal redress. They could not vote, serve in public office, sit on juries, or testify in court against whites. There were no Black lawyers. Black South Carolinians had essentially no claims-making ability, resulting, unsurprisingly, in a deeply oppressive, thoroughly racialized system. Most of these antebellum legal disenfranchisements were overturned during the post-Civil War era of Reconstruction. In the wake of abolition, Reconstruction-era reformers in South Carolina erased one racial distinction after another from state law. For a time, Black men voted and Black jurors sat in rough proportion to their share of the state's population. The state's first Black lawyers and officeholders appeared. Among them was an attorney from Pennsylvania named Jonathan Jasper Wright, who ascended to the South Carolina Supreme Court in 1870, becoming the nation's first Black appellate justice. By the turn of the twentieth century, however, an explicitly white supremacist movement had rolled back many of the egalitarian gains of the Reconstruction era and reimposed a legalized racial hierarchy in South Carolina. The book explores three prominent features of the resulting Jim Crow system (segregated schools, racially skewed juries, and lynching) and documents the commitment of both elite and non-elite whites to using legal and quasi-legal tools to establish hierarchical racial distinctions. It also shows how Black lawyers and others used the law to combat some of Jim Crow's worst excesses. In this sense the book demonstrates the persistence of many Reconstruction-era reforms, including emancipation, Black education, the legal language of equal protection, Black lawyers, and Black access to the courts.
In 1861, James B. Griffin left Edgefield, South Carolina and rode off to Virginia to take up duty with the Confederate Army in a style that befitted a Southern gentleman: on a fine-blooded horse, with two slaves to wait on him, two trunks, and his favorite hunting dog. He was thirty-five years old, a wealthy planter, and the owner of sixty-one slaves when he joined Wade Hampton's elite Legion as a major of cavalry. He left behind seven children, the eldest only twelve, and a wife who was eight and a half months pregnant. As a field officer in a prestigious unit, the opportunities for fame and glory seemed limitless. Griffin, however, performed no daring acts, nor did he inspire great loyalty in his men. Instead, he unknowingly provided a unique and invaluable portrait of the Confederate officers who formed the core of Southern political, military, and business leadership. In A Gentleman and an Officer, Judith N. McArthur and Orville Vernon Burton have collected eighty of Griffin's letters written at the Virginia front, and during later postings on the South Carolina coast, to his wife Leila Burt Griffin. Extraordinary in their breadth and volume, the letters encompass Griffin's entire Civil War service, detailing living conditions and military maneuvers, the jockeying for position among officers, and the different ways officers and enlisted men interacted during the Civil War. Unlike the reminiscences and biographies of high-ranking, well-known Confederate officers or studies and edited collections of letters of members of the rank and file, this collection sheds light on the life of a middle officer--a life turned upside down by extreme military hardship and complicated further by the continuing need for reassurance about personal valor and status common to men of the southern gentry. In these letters, Griffin describes secret troop movements in various military actions such as the Hampton Legion's role in the Peninsula Campaign (details that would certainly have been censored in more recent wars). Here he relates the march from Manassas to Fredricksburg, the siege of Yorktown and the retreat to Richmond, and the fighting at Eltham's landing and Seven Pines, where Griffin commanded the legion after Hampton was wounded. Throughout, as Griffin recounts these most extraordinary of times, he illuminates the most ordinary of day-to-day issues. One might expect to find a Confederate officer meditating on slavery, emancipation, or Lincoln. Instead, we are confronted by simple humanity and simple concerns, from the weather to gossip. Monumental historical events intruded on Griffin's life and sent him off to war, but his heartfelt considerations were about his family, his community, and his own personal pride. Ultimately, Griffin's letters present the Civil War as the refinery, the ordeal by fire, that tested and verified--or modified--Southern upperclass values. With a fascinating combination of military and social history, A Gentleman and an Officer moves from the beginning of the Civil War at Fort Sumter through the end of the war and Reconstruction, vividly illustrating how the issues of the Civil War were at once devastatingly national and revealingly local.