Law and Society in the South: A History of North Carolina by John W. Wertheimer

By John W. Wertheimer

Legislations and Society within the South reconstructs 8 pivotal criminal disputes heard in North Carolina courts among the 1830s and the Nineteen Seventies and examines probably the most arguable problems with southern heritage, together with white supremacy and race kinfolk, the instructing of evolution in public faculties, and Prohibition. ultimately, the booklet explores a few of the ways that legislations and society interacted within the South throughout the civil rights period. The voices of racial minorities-some urging integration, others opposing it-grew extra audible in the felony method in this time. legislation and Society within the South divulges the genuine nature of the courts: because the unpredictable venues of severe battles among southerners as they continued dramatic alterations of their governing values.

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Scroggins was a powerful restatement of the legal argument against divorce. As in State v. Mann, however, Ruffin added a sort of Teflon coating, designed to deflect criticism. This time, Ruffin defensively pointed the finger not at the iron command of “the law” (as in Mann) but at the cowardice of the state legislature. 29 Unlike a previous statute, which specified impotence and adultery as the only allowable justifications for judicial divorce, the 1827 statute offered no explicit legislative guidance.

Some middling whites fought against segregation. Some elite whites—and some prominent blacks—did not. These variations add intrigue. In 1910, Baltimore, Maryland, became the nation’s first city to adopt a residential segregation ordinance. Towns in Virginia, Kentucky, South Carolina, Georgia, Oklahoma, Missouri, and Louisiana soon followed.

Shipp and Bailey, however, were a century too early. Both on trial and on appeal, their Fourteenth Amendment argument failed, perhaps because it involved what was then understood to be a social right, not a civil right. 36 The defense lawyers’ second argument had more promise. Shipp and Bailey sought to establish that, at the time of the marriage, the Rosses were “domiciled” in South Carolina and, therefore, governed by that state’s marriage law. For this argument to succeed, they would have to convince jurors that Pink Ross was a resident of his native South Carolina at the time of the marriage.

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