In 1906 a white lawyer named Dabney Marshall argued a case before the Mississippi Supreme Court demanding the racial integration of juries. He carried out a plan devised by Mississippi’s foremost black lawyer of the time: Willis Mollison. Against staggering odds, and with the help of a friendly newspaper editor, he won. How Marshall and his allies were able to force the court to overturn state law and precedent, if only for a brief period, at the behest of the U.S. Supreme Court is the subject of Jury Discrimination, a book that explores the impact of the Civil War and Reconstruction on America’s civil rights history. Christopher Waldrep traces the origins of Americans’ ideas about trial by jury and provides the first detailed analysis of jury discrimination. Southerners’ determination to keep their juries entirely white played a crucial role in segregation, emboldening lynchers and vigilantes like the Ku Klux Klan. As the postbellum Congress articulated ideals of national citizenship in civil rights legislation, most importantly the Fourteenth Amendment, factions within the U.S. Supreme Court battled over how to read the amendment: expansively, protecting a variety of rights against a host of enemies, or narrowly, guarding only against rare violations by state governments. The latter view prevailed, entombing the amendment in a narrow interpretation that persists to this day. Although the high court clearly denounced the overt discrimination enacted by state legislatures, it set evidentiary rules that made discrimination by state officers and agents extremely difficult to prove. Had these rules been less onerous, Waldrep argues, countless black jurors could have been seated throughout the nation at precisely the moment when white legislators and jurists were making and enforcing segregation laws. Marshall and Mollison’s success in breaking through Mississippi law to get blacks admitted to juries suggests that legal reasoning plausibly founded on constitutional principle, as articulated by the Supreme Court, could trump even the most stubbornly prejudiced public opinion.

Much of the current reassessment of race, culture, and criminal justice in the nineteenth-century South has been based on intensive community studies. Drawing on previously untapped sources, the nine original papers collected here represent some of the best new work on how racial justice can be shaped by the particulars of time and place.Although each essay is anchored in the local, several important larger themes emerge across the volume--such as the importance of personality and place, the movement of former slaves from the capriciousness of "plantation justice" to the (theoretically) more evenhanded processes of the courts, and the increased presence of government in daily aspects of American life.Local Matters cites a wide range of examples to support these themes. One essay considers the case of a quasi-free slave in Natchez, Mississippi--himself a slaveowner--who was "reined in" by his master through the courts, while another shows how federal aims were subverted during trials held in the aftermath of the 1876 race riots in Ellenton, South Carolina. Other topics covered include the fear of black criminality as a motivation of Klan activity; the career of Thomas Ruffin, slaveowner and North Carolina Supreme Court Justice; blacks and the ballot in Washington County, Texas; the overturned murder conviction of a North Carolina slave who had killed a white man; the formation of a powerful white bloc in Vicksburg, Mississippi; agitation by black and white North Carolina women for greater protections from abusive white male elites; and slaves, crime, and the common law in New Orleans.Together, these studies offer new insights into the nature of law and the fate of due process at different stages of a highly racialized society.

Product Description: In American history, students are taught about the three branches of government. Most of the time is spent learning about the Executive and the Legislative bodies, but the Judicial branch has had a monumental effect on the course of American history, and nowhere is this more apparent than in the area of civil rights...read more

Product Description: This book examines African Americans' strategies for resisting white racial violence from the Civil War until the assassination of Martin Luther King, Jr., in 1968 and up to the Clinton era. Christopher Waldrep's semi-biographical approach to the pioneers in the antilynching campaign portrays African Americans as active participants in the effort to end racial violence rather than as passive victims...read more

Product Description: Violence forms a constant backdrop to American history, from the revolutionary overthrow of British rule, to the struggle for civil rights, to the present-day debates over the death penalty. It has served to challenge authority, defend privilege, advance causes, and throttle hopes...read more

Product Description: Whether conveyed through newspapers, photographs, or Billie Holliday’s haunting song “Strange Fruit,” lynching has immediate and graphic connotations for all who hear the word. Images of lynching are generally unambiguous: black victims hanging from trees, often surrounded by gawking white mobs...read more

Product Description: During the hottest days of the summer of 1863, while the nation's attention was focused on a small town in Pennsylvania known as Gettysburg, another momentous battle was being fought along the banks of the Mississippi. In the longest single campaign of the war, the siege of Vicksburg left 19,000 dead and wounded on both sides, gave the Union Army control of the Mississippi, and left the Confederacy cut in half...read more

Product Description: The word “lynching” has immediate and graphic connotations for virtually all people who hear and use the word. When Supreme Court justice Clarence Thomas claimed he was lynched by a Senate investigating committee, he intentionally and deliberately drew on two key components of the term -- race and punishment – that stemmed from the long and ugly history of lynching in America...read more

Product Description: The rapid acceleration of industrialization and the transformation of market capitalism that followed the Civil War provided new opportunities for employment and wealth for many Americans. But these opportunities came at a cost: overcrowded and unsanitary housing, long work hours in dangerous conditions, and child labor in factories and mines...read more (view table of contents, read Amazon.com's description)

Product Description: In 1937 the Supreme Court revolutionized American constitutionalism, sharply restricting the states' powers and expanding those of the national government. In following years the civil rights movement caused further change, challenging American life with its demands for equal rights under the Constitution and protection by the federal government...read more (view table of contents, read Amazon.com's description)

Product Description: The rapid acceleration of industrialization and the transformation of market capitalism that followed the Civil War provided new opportunities for employment and wealth for many Americans. But these opportunities came at a cost: overcrowded and unsanitary housing, long work hours in dangerous conditions, and child labor in factories and mines...read more (view table of contents, read Amazon.com's description)

Product Description: The rapid acceleration of industrialization and the transformation of market capitalism that followed the Civil War provided new opportunities for employment and wealth for many Americans. But these opportunities came at a cost: overcrowded and unsanitary housing, long work hours in dangerous conditions, and child labor in factories and mines...read more

Product Description: In this comprehensive overview of how the law has been used to combat racism, author Christopher Waldrep points out that the U.S. government has often promoted discrimination. A veritable history of civil rights, the story is told primarily through a discussion of key legal cases...read more (view table of contents, read Amazon.com's description)

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Product Description: In the late nineteenth century, industrialization was making its way into rural America. In an agricultural region of Kentucky and Tennessee called the Black Patch for the dark tobacco grown there, big business arrived with a vengeance, eliminating competition, manipulating prices, and undermining local control...read more