Faithful Magistrates And Republican Lawyers

Until the mid-1700s, law was not thought of as a science or profession. Most Virginians adhered to the English country tradition that considered law to be a local and personal affair. The growth of cities and business, however, guaranteed that disputes would spill over county boundaries. As law proliferated and became more complex, it encouraged the growth of a legal profession composed of men who shared specialized knowledge of law and the courts. Originally published in 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Based on extensive research in judicial and official sources, Donald Fyson offers the first comprehensive study of the everyday workings of criminal justice in Quebec and Lower Canada. Focusing on the justices of the peace and their police, Fyson examines both the criminal justice system itself, and the system in operation as experienced by those who participated in it. Fyson contends that, although the system was fundamentally biased, its flexibility provided a source of power for ordinary citizens. At the same time, the system offered the colonial state and its elites a powerful, though often faulty, means of imposing their will on Quebec society. This study will challenge many received historical interpretations, providing new insight into criminal justice in early Quebec.

The great Tidewater planters of mid-eighteenth-century Virginia were fathers of the American Revolution. Perhaps first and foremost, they were also anxious tobacco farmers, harried by a demanding planting cycle, trans-Atlantic shipping risks, and their uneasy relations with English agents. George Washington, Thomas Jefferson, and their contemporaries lived in a world that was dominated by questions of debt from across an ocean but also one that stressed personal autonomy. T. H. Breen's study of this tobacco culture focuses on how elite planters gave meaning to existence. He examines the value-laden relationships--found in both the fields and marketplaces--that led from tobacco to politics, from agrarian experience to political protest, and finally to a break with the political and economic system that they believed threatened both personal independence and honor.

Widely regarded as America's most important Chief Justice, John Marshall influenced our constitutional, political, and economic development as much as any American. He handed down landmark decisions on judicial review, federal-state relations, contracts, corporations, and commercial regulation during a thirty-four year tenure that encompassed five presidencies, a second war of independence, the demise of the first American party system, and the advent of Jacksonianism and market capitalism. This is the first interpretive study of Marshall's early life that emphasizes the formative influences on him before he joined the Court. By that time his character and attitudes were fully formed through his childhood in the Virginia gentry, his service in the state militia and Continental Army, and his work as a prominent lawyer, a Federalist, and a diplomat. Drawing heavily on Marshall's own writings, this study views his pre-Supreme Court life as a cumulative experience that formed the identity and value system that he brought to bear on his experiences as Chief Justice. Robarge examines Marshall's social and political education in the unique milieu of late 18th century Virginia for its own intrinsic interest, as well as for its relationship to his profound contribution to the Court. The events and situations that shaped Marshall's personality and attitudes directly influenced his leadership style. They also had a deep impact upon his efforts to establish an independent judiciary, to unify the nation through territorial expansion and a legal common market, and to revive the moribund Federalist party as a balance to the dominant Republicans led by the cousin he detested, Thomas Jefferson.

On January 14, 1806, Sidney Hanson was raped by John Deskins on a rough gravel path in the woods in Tazewell County, Virginia. In the early nineteenth century, trials for rape were rare. Scanty court records typically lacked the detail needed to reconstruct the lives of those involved and evaluate the social and physical setting of the crime. Yet the events on that fateful day in 1806 would be the exception. In A Rape in the Early Republic, Randal L. Hall reproduces the complete trial testimony of Alexander Smyth, the prosecutor for Hanson's trial. Smyth's detailed record offers a revealing glimpse into how early rape cases moved through the legal system, first at the local level and then in the state's recently created district court system. It also shows that Deskins was not the only one on trial -- Hanson's character was being scrutinized as well. Hall's introduction, rather than offering an analysis of Smyth's documents, provides important context and highlights historical themes that Hanson's situation illustrates. Featuring classroom discussion ideas and a list of suggested reading, A Rape in the Early Republic will be a valuable resource for students and scholars as well as anyone interested in gender, law, and society in the early republic.

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.

During her long career as a public figure in Jacksonian America, Anne Royall was called everything from an "enemy of religion" to a "Jackson man" to a "common scold." In her search for the source of such strong reactions, Elizabeth Clapp has uncovered the story of a widely read woman of letters who asserted her right to a political voice without regard to her gender. Widowed and in need of a livelihood following a disastrous lawsuit over her husband’s will, Royall decided to earn her living through writing--first as a travel writer, journeying through America to research and sell her books, and later as a journalist and editor. Her language and forcefully expressed opinions provoked people at least as much as did her inflammatory behavior and aggressive marketing tactics. An ardent defender of American liberties, she attacked the agents of evangelical revivals, the Bank of the United States, and corruption in government. Her positions were frequently extreme, directly challenging the would-be shapers of the early republic’s religious and political culture. She made many enemies, but because she also attracted many supporters, she was not easily silenced. The definitive account of a passionate voice when America was inventing itself, A Notorious Woman re-creates a fascinating stage on which women’s roles, evangelical hegemony, and political involvement were all contested.