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\"For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of \"American citizenship.\" Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States\"--Provided by publisher.

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Proving Pregnancy documents how women-Black and white, enslaved and free-gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide: midwives, neighbors, healers, and relatives were better acquainted with an accused woman's intimate life, the circumstances of her pregnancy, and possible motives for infanticide than any man. As the century progressed, women accused of the crime were increasingly subject to the scrutiny of white male legal and medical experts educated in institutions that reinforced prevailing ideas about the inferior mental and physical capacities of women and Black people. As Reconstruction ended, the reach of the carceral state expanded, while law and medicine simultaneously privileged federal and state regulatory power over that of local institutions. These transformations placed all women's bodies at the mercy of male doctors, judges, and juries in ways they had not been before. Reframing knowledge of the body as property, Felicity M. Turner shows how, at the very moment when the federal government expanded formal civil and political rights to formerly enslaved people, the medical profession instituted new legal regulations across the nation that restricted access to knowledge of the female body to white men.

In The Journey to Separate but Equal: Madame Decuir's Quest for Racial Justice in the Reconstruction Era , Jack Beermann tells the story of how, in Hall v. Decuir , the postâ€\"Civil War US Supreme Court took its first step toward perpetuating the subjugation of the non-White population of the United States by actively preventing a Southern state from prohibiting segregation on a riverboat in the coasting trade on the Mississippi River. The Journey to Separate but Equal offers the first complete exploration of Hall v. Decuir , with an in-depth look at the case's record; the lives of the parties, lawyers, and judges; and the case's social context in 1870s Louisiana. The book centers around the remarkable story of Madame Josephine Decuir and the lawsuit she pursued because she had been illegally barred from the cabin reserved for White women on the Governor Allen riverboat. The drama of Madame Decuir's fight against segregation's denial of her dignity as a human and particularly as a woman enriches our understanding of the Reconstruction era, especially in Louisiana, including political and legal changes that occurred during that time and the plight of people of color who were freed from slavery but denied their dignity and rights as American citizens. Hall v. Decuir spanned the pivotal period of 1872-1878, during which White segregationist Democrats \"redeemed\" the South from Republican control. The Supreme Court's ruling in Hall overturned the application of an 1869 Louisiana statute prohibiting racial segregation in Madame Decuir’s case because of the status of the Mississippi River as a mode of interstate commerce. The decision represents a crucial precedent that established the legal groundwork for the entrenchment of Jim Crow in the law of the United States, leading directly to the Court’s adoption of “separate but equal†in Plessy v. Ferguson.

InBecoming American under Fire, Christian G. Samito provides a rich account of how African American and Irish American soldiers influenced the modern vision of national citizenship that developed during the Civil War era. By bearing arms for the Union, African Americans and Irish Americans exhibited their loyalty to the United States and their capacity to act as citizens; they strengthened their American identity in the process. Members of both groups also helped to redefine the legal meaning and political practices of American citizenship. For African American soldiers, proving manhood in combat was only one aspect to their quest for acceptance as citizens. As Samito reveals, by participating in courts-martial and protesting against unequal treatment, African Americans gained access to legal and political processes from which they had previously been excluded. The experience of African Americans in the military helped shape a postwar political movement that successfully called for rights and protections regardless of race. For Irish Americans, soldiering in the Civil War was part of a larger affirmation of republican government and it forged a bond between their American citizenship and their Irish nationalism. The wartime experiences of Irish Americans helped bring about recognition of their full citizenship through naturalization and also caused the United States to pressure Britain to abandon its centuries-old policy of refusing to recognize the naturalization of British subjects abroad. As Samito makes clear, the experiences of African Americans and Irish Americans differed substantially-and at times both groups even found themselves violently opposed-but they had in common that they aspired to full citizenship and inclusion in the American polity. Both communities were key participants in the fight to expand the definition of citizenship that became enshrined in constitutional amendments and legislation that changed the nation.

The murky history behind municipal laws criminalizing disability In the late-nineteenth and early-twentieth centuries, municipal laws targeting \"unsightly beggars\" sprang up in cities across America. Seeming to criminalize disability and thus offering a visceral example of discrimination, these \"ugly laws\" have become a sort of shorthand for oppression in disability studies, law, and the arts. In this watershed study of the ugly laws, Susan M. Schweik uncovers the murky history behind the laws, situating the varied legislation in its historical context and exploring in detail what the laws meant. Illustrating how the laws join the history of the disabled and the poor, Schweik not only gives the reader a deeper understanding of the ugly laws and the cities where they were generated, she locates the laws at a crucial intersection of evolving and unstable concepts of race, nation, sex, class, and gender. Moreover, she explores the history of resistance to the ordinances, using the often harrowing life stories of those most affected by their passage. Moving to the laws' more recent history, Schweik analyzes the shifting cultural memory of the ugly laws, examining how they have been used-and misused-by academics, activists, artists, lawyers, and legislators.

Cultural views of femininity exerted a powerful influence on the courtroom arguments used to defend or condemn notable women on trial in nineteenth-century and early-twentieth-century America. By examining the colorful rhetorical strategies employed by lawyers and reporters of women's trials in newspaper articles, trial transcriptions, and popular accounts, A. Cheree Carlson argues that the men in charge of these communication avenues were able to transform their own values and morals into believable narratives that persuaded judges, juries, and the general public of a woman's guilt or innocence._x000B__x000B_Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a \"woman's crime\" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for \"passing\" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well._x000B__x000B_At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.

Explores the relationship between the production of enslaved property and the production of the past in the antebellum United States.It is extraordinarily difficult for historians to reconstruct the lives of individual enslaved people. Records—where they exist—are often fragmentary, biased, or untrue. In Enslaved Archives, Maria R. Montalvo investigates the legal records, including contracts and court records, that American antebellum enslavers produced and preserved to illuminate enslavers' capitalistic motivations for shaping the histories of enslaved people. The documentary archive was not simply a by-product of the business of slavery, but also a necessary tool that enslavers used to exploit the people they enslaved. Building on Montalvo's analysis of more than 18,000 sets of court records, Enslaved Archives is a close study of what we can and cannot learn about enslaved individuals from the written record. By examining five lawsuits in Louisiana, Montalvo deconstructs enslavers' cases—the legal arguments and rhetorical strategies they used to produce information and shape perceptions of enslaved people. Commodifying enslaved people was not simply a matter of effectively exploiting their labor. Enslavers also needed to control information about those people. Enslavers' narratives—carefully manipulated, prone to omissions, and sometimes false—often survive as the only account of an enslaved individual's life. In working to historicize the people at the center of enslavers' manipulations, Montalvo outlines the possibilities and limits of the archive, providing a glimpse of the historical and contemporary consequences of commodification. Enslaved Archives makes a significant intervention in the history of enslaved people, legal history, and the history of slavery and capitalism by adding a qualitative dimension to the analysis of how enslavers created and maintained power.

In the Old Northwest from 1830 to 1870, a bold set of activists battled slavery and racial prejudice. This book is about their expansive efforts to eradicate southern slavery and its local influence in the contentious milieu of four new states carved out of the Northwest Territory: Illinois, Indiana, Michigan, and Ohio. While the Northwest Ordinance outlawed slavery in the region in 1787, in reality both it and racism continued to exert strong influence in the Old Northwest, as seen in the race-based limitations of civil liberties there. Indeed, these states comprised the central battleground over race and rights in antebellum America, in a time when race's social meaning was deeply infused into all aspects of Americans' lives, and when people struggled to establish political consensus. Antislavery and anti-prejudice activists from a range of institutional bases crossed racial lines as they battled to expand African American rights in this region. Whether they were antislavery lecturers, journalists, or African American leaders of the Black Convention Movement, women or men, they formed associations, wrote publicly to denounce their local racial climate, and gave controversial lectures. In the process, they discovered that they had to fight for their own right to advocate for others. This bracing new history by Dana Elizabeth Weiner is thus not only a history of activism, but also a history of how Old Northwest reformers understood the law and shaped new conceptions of justice and civil liberties. The newest addition to the Mellon-sponsored Early American Places Series, Race and Rights will be a much-welcomed contribution to the study of race and social activism in nineteenth-century America.