Race and the Law in South Carolina

Race and the Law in South Carolina
Title Race and the Law in South Carolina PDF eBook
Author John Wertheimer
Publisher Amherst College Press
Total Pages 346
Release 2023
Genre History
ISBN 1943208328

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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 the Matter of Color

In the Matter of Color
Title In the Matter of Color PDF eBook
Author A. Leon Higginbotham
Publisher Oxford University Press
Total Pages 548
Release 1980-08-07
Genre History
ISBN 9780195027457

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Judge Higginbotham chronicles in unrelenting detail the role of the law in the enslavement and subjugation of black Americans during the colonial period. It is a moving book that should be read by all Americans who believe in justice and dignity for all.

States' Laws on Race and Color, and Appendices

States' Laws on Race and Color, and Appendices
Title States' Laws on Race and Color, and Appendices PDF eBook
Author Pauli Murray
Publisher
Total Pages 770
Release 1951
Genre African Americans
ISBN

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An examination of the laws of each state regarding civil rights, segregation, interracial marriage and other issues.

Charleston Syllabus

Charleston Syllabus
Title Charleston Syllabus PDF eBook
Author Chad Williams
Publisher University of Georgia Press
Total Pages 371
Release 2016-05-01
Genre Political Science
ISBN 0820349577

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On June 17, 2015, a white supremacist entered Emanuel AME Church in Charleston, South Carolina, and sat with some of its parishioners during a Wednesday night Bible study session. An hour later, he began expressing his hatred for African Americans, and soon after, he shot nine church members dead, the church’s pastor and South Carolina state senator, Rev. Clementa C. Pinckney, among them. The ensuing manhunt for the shooter and investigation of his motives revealed his beliefs in white supremacy and reopened debates about racial conflict, southern identity,systemic racism, civil rights, and the African American church as an institution. In the aftermath of the massacre, Professors Chad Williams, Kidada Williams, and Keisha N. Blain sought a way to put the murder—and the subsequent debates about it in the media—in the context of America’s tumultuous history of race relations and racial violence on a global scale. They created the Charleston Syllabus on June 19, starting it as a hashtag on Twitter linking to scholarly works on the myriad of issues related to the murder. The syllabus’s popularity exploded and is already being used as a key resource in discussions of the event. Charleston Syllabus is a reader—a collection of new essays and columns published in the wake of the massacre, along with selected excerpts from key existing scholarly books and general-interest articles. The collection draws from a variety of disciplines—history, sociology, urban studies, law, critical race theory—and includes a selected and annotated bibliography for further reading, drawing from such texts as the Confederate constitution, South Carolina’s secession declaration, songs, poetry, slave narratives, and literacy texts. As timely as it is necessary, the book will be a valuable resource for understanding the roots of American systemic racism, white privilege, the uses and abuses of the Confederate flag and its ideals, the black church as a foundation for civil rights activity and state violence against such activity, and critical whiteness studies.

The Negro Law of South Carolina (1848)

The Negro Law of South Carolina (1848)
Title The Negro Law of South Carolina (1848) PDF eBook
Author John Belton O[¬[neall
Publisher Kessinger Publishing
Total Pages 60
Release 2009-04
Genre Literary Collections
ISBN 9781104316778

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This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Charleston in Black and White

Charleston in Black and White
Title Charleston in Black and White PDF eBook
Author Steve Estes
Publisher UNC Press Books
Total Pages 233
Release 2015-07-10
Genre History
ISBN 1469622335

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Once one of the wealthiest cities in America, Charleston, South Carolina, established a society built on the racial hierarchies of slavery and segregation. By the 1970s, the legal structures behind these racial divisions had broken down and the wealth built upon them faded. Like many southern cities, Charleston had to construct a new public image. In this important book, Steve Estes chronicles the rise and fall of black political empowerment and examines the ways Charleston responded to the civil rights movement, embracing some changes and resisting others. Based on detailed archival research and more than fifty oral history interviews, Charleston in Black and White addresses the complex roles played not only by race but also by politics, labor relations, criminal justice, education, religion, tourism, economics, and the military in shaping a modern southern city. Despite the advances and opportunities that have come to the city since the 1960s, Charleston (like much of the South) has not fully reckoned with its troubled racial past, which still influences the present and will continue to shape the future.

The Slow Undoing

The Slow Undoing
Title The Slow Undoing PDF eBook
Author Stephen H. Lowe
Publisher Univ of South Carolina Press
Total Pages 258
Release 2021-06-02
Genre Law
ISBN 1643361775

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A study of how South Carolina's federal district courts were central to achieving and solidifying gains during the civil rights movement As the first comprehensive study of one state's federal district courts during the long civil rights movement, The Slow Undoing argues for a reconsideration of the role of the federal courts in the civil rights movement. It places the courts as a central battleground at the intersections of struggles over race, law, and civil rights. During the long civil rights movement, Black and White South Carolinians used the courts as a venue to contest the meanings of the constitution, justice, equality, and citizenship. African American plaintiffs and lawyers from South Carolina, with the support of Thurgood Marshall and other lawyers from the NAACP Legal Defense and Education Fund, brought and argued civil rights lawsuits in South Carolina's federal courts attempting to secure the vote, raise teacher salaries, and to equalize and then desegregate schools, parks, and public life. In response, white citizens, state politicians, and local officials, hired their own lawyers who countered these arguments by crafting new legal theories in an attempt to defend state practices and thwart African American aspirations of equality and to preserve white supremacy. The Slow Undoing argues for a reconsideration of the role of federal courts in the civil rights movement by demonstrating that both before and after Brown v. Board of Education, the federal district courts were centrally important to achieving and solidifying civil rights gains. It relies on the entire legal record of actions in the federal district courts of South Carolina from 1940 to 1970 to make the case. It argues that rather than relying on litigation during the pre-Brown era and direct action in the post-Brown era, African Americans instead used courts and direct action in tandem to bring down legal segregation throughout the long civil rights era. But the process was far from linear and the courts were not always a progressive force. The battles were long, the victories won were often imperfect, and many of the fights remain. Author Stephen H. Lowe offers a chronicle of this enduring struggle.