Esteemed Bookes of Lawe and the Legal Culture of Early Virginia

Author: Warren M. Billings
Publisher: University of Virginia Press
ISBN: 0813939402
Format: PDF, Mobi
Download Now
Virginia men of law constituted one of the first learned professions in colonial America, and Virginia legal culture had an important and lasting impact on American political institutions and jurisprudence. Exploring the book collections of these Virginians therefore offers insight into the history of the book and the intellectual history of early America. It also addresses essential questions of how English culture migrated to the American colonies and was transformed into a distinctive American culture. Focusing on the law books that colonial Virginians acquired, how they used them, and how they eventually produced a native-grown legal literature, this collection explores the law and intellectual culture of the Commonwealth and reveals the origins of a distinctively Virginian legal literature. The contributors argue that understanding the development of early Virginia legal history—as shown through these book collections—not only illuminates important aspects of Virginia’s history and culture; it also underlies a thorough understanding of colonial and revolutionary American history and culture.

Citizens of Convenience

Author: Lawrence B. A. Hatter
Publisher: University of Virginia Press
ISBN: 0813939550
Format: PDF, ePub
Download Now
Like merchant ships flying flags of convenience to navigate foreign waters, traders in the northern borderlands of the early American republic exploited loopholes in the Jay Treaty that allowed them to avoid border regulations by constantly shifting between British and American nationality. In Citizens of Convenience, Lawrence Hatter shows how this practice undermined the United States’ claim to nationhood and threatened the transcontinental imperial aspirations of U.S. policymakers. The U.S.-Canadian border was a critical site of United States nation- and empire-building during the first forty years of the republic. Hatter explains how the difficulty of distinguishing U.S. citizens from British subjects on the border posed a significant challenge to the United States’ founding claim that it formed a separate and unique nation. To establish authority over both its own nationals and an array of non-nationals within its borders, U.S. customs and territorial officials had to tailor policies to local needs while delineating and validating membership in the national community. This type of diplomacy—balancing the local with the transnational—helped to define the American people as a distinct nation within the Revolutionary Atlantic world and stake out the United States’ imperial domain in North America.

Experiencing Empire

Author: Patrick Griffin
Publisher: University of Virginia Press
ISBN: 0813939895
Format: PDF, ePub, Docs
Download Now
Born of clashing visions of empire in England and the colonies, the American Revolution saw men and women grappling with power— and its absence—in dynamic ways. On both sides of the revolutionary divide, Americans viewed themselves as an imperial people. This perspective conditioned how they understood the exercise of power, how they believed governments had to function, and how they situated themselves in a world dominated by other imperial players. Eighteenth-century Americans experienced what can be called an "imperial-revolutionary moment." Over the course of the eighteenth century, the colonies were integrated into a broader Atlantic world, a process that forced common men and women to reexamine the meanings and influences of empire in their own lives. The tensions inherent in this process led to revolution. After the Revolution, the idea of empire provided order—albeit at a cost to many—during a chaotic period. Viewing the early republic from an imperial-revolutionary perspective, the essays in this collection consider subjects as far-ranging as merchants, winemaking, slavery, sex, and chronology to nostalgia, fort construction, and urban unrest. They move from the very center of the empire in London to the far western frontier near St. Louis, offering a new way to consider America’s most formative period.

Blackstone in America

Author: Mary Bilder
Publisher: Cambridge University Press
ISBN: 9781107666627
Format: PDF, Kindle
Download Now
Blackstone in America explores the creative process of transplantation - the way in which American legislators and judges refashioned the English common law inheritance to fit the republican political culture of the new nation. With current scholarship returning to focus on the transformation of Anglo-American law to "American" law, Professor Kathryn Preyer's lifelong study of the constitutional and legal culture of the early American republic has acquired new relevance and a wider audience. The collection includes Professor Preyer's work on criminal law, the early national judiciary, and the history of the book. All nine of Professor Preyer's important and award-winning essays are easily accessible in this volume, with new introductions by three leading scholars of early American law.

Scandal at Bizarre

Author: Cynthia A. Kierner
Publisher: University of Virginia Press
ISBN: 9780813926162
Format: PDF
Download Now
In the early 1790s Richard Randolph was accused of fathering a child by his sister-in-law, Nancy, and murdering the baby shortly after its birth. Rumors about the incident, which occurred during a visit to the plantation of close family friends, spread like wildfire. Randolph found himself on trial for the crime largely because of the public outrage fueled by these rumors. The rest of the household suffered too, and only Nancy, who later married the esteemed New York statesman Gouverneur Morris, would find any degree of happiness. A tale of family passion, betrayal, and deception, Scandal at Bizarre is a fascinating historical portrait of the social and political realities of a world long vanished.

Justice Oliver Wendell Holmes

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 9780198024330
Format: PDF, ePub
Download Now
By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

The Old Dominion in the Seventeenth Century

Author: Warren M. Billings
Publisher: ReadHowYouWant.com
ISBN: 1442960892
Format: PDF, ePub
Download Now
Since its original publication in 1975, The Old Dominion in the Seventeenth Century has become an important teaching tool and research volume. Warren Billings brings together more than zoo period documents, organized topically, with each chapter introduced by an interpretive essay. Topics include the settlement of Jamestown, the evolution of government and the structure of society, forced labor, the economy, Indian - Anglo relations, and Bacon's Rebellion. This revised, expanded, and updated edition adds approximately 30 additional documents, extending the chronological reach to 1700. Freshly rethought chapter introductions and suggested readings incorporate the vast scholarship of the past 30 years. New illustrations of seventeenth - century artifacts and buildings enrich the texts with recent archaeological findings. With these enhancements, and a full index, students, scholars, and those interested in early Virginia will find these documents even more enlightening.

The Grandees of Government

Author: Brent Tarter
Publisher: University of Virginia Press
ISBN: 081393432X
Format: PDF, Mobi
Download Now
From the formation of the first institutions of representative government and the use of slavery in the seventeenth century through the American Revolution, the Civil War, the civil rights movement, and into the twenty-first century, Virginia’s history has been marked by obstacles to democratic change. In The Grandees of Government, Brent Tarter offers an extended commentary based in primary sources on how these undemocratic institutions and ideas arose, and how they were both perpetuated and challenged. Although much literature on American republicanism focuses on the writings of Thomas Jefferson and James Madison, among others, Tarter reveals how their writings were in reality an expression of federalism, not of republican government. Within Virginia, Jefferson, Madison, and others such as John Taylor of Caroline and their contemporaries governed in ways that directly contradicted their statements about representative—and limited— government. Even the democratic rhetoric of the American Revolution worked surprisingly little immediate change in the political practices, institutions, and culture of Virginia. The counterrevolution of the 1880s culminated in the Constitution of 1902 that disfranchised the remainder of African Americans. Virginians who could vote reversed the democratic reforms embodied in the constitutions of 1851, 1864, and 1869, so that the antidemocratic Byrd organization could dominate Virginia’s public life for the first two-thirds of the twentieth century. Offering a thorough reevaluation of the interrelationship between the words and actions of Virginia’s political leaders, The Grandees of Government provides an entirely new interpretation of Virginia’s political history.

A Saga of the New South

Author: Brent Tarter
Publisher: University of Virginia Press
ISBN: 0813938767
Format: PDF
Download Now
In the lead-up to the Civil War, Virginia, like other southern states, amassed a large public debt while striving to improve transportation infrastructure and stimulate economic development. A Saga of the New South delves into the largely untold story of the decades-long postwar controversies over the repayment of that debt. The result is a major reinterpretation of late-nineteenth-century Virginia political history. The post–Civil War public debt controversy in Virginia reshaped the state’s political landscape twice. First it created the conditions under which the Readjuster Party, a biracial coalition of radical reformers, seized control of the state government in 1879 and successfully refinanced the debt; then it gave rise to a counterrevolution that led the elitist Democratic Party to eighty years of dominance in the state's politics. Despite the Readjusters’ victory in refinancing the debt and their increased spending for the popular new system of free public schools, the debt controversy generated a long train of legal disputes—at least eighty-five cases reached the Virginia Supreme Court of Appeals, and twenty-nine reached the Supreme Court of the United States. Through an in-depth look at these political and legal contests, A Saga of the New South sheds new light on the many obstacles that reformers faced in Virginia and the South after the Civil War.