“The law recognizes racial instinct”: Tucker v. Blease and the Black–White Paradigm in the Jim Crow South

2011 ◽  
Vol 29 (2) ◽  
pp. 471-495 ◽  
Author(s):  
John W. Wertheimer ◽  
Jessica Bradshaw ◽  
Allyson Cobb ◽  
Harper Addison ◽  
E. Dudley Colhoun ◽  
...  

On January 24, 1913, the trustees of the Dalcho School, a segregated, all-white public school in Dillon County, South Carolina, summarily dismissed Dudley, Eugene, and Herbert Kirby, ages ten, twelve, and fourteen, respectively. According to testimony offered in a subsequent hearing, the boys had “always properly behaved,” were “good pupils,” and “never …exercise[d] any bad influence in school.” Moreover, the boys’ overwhelmingly white ancestry, in the words of the South Carolina Supreme Court, technically “entitled [them] to be classified as white,” according to state law. Nevertheless, because local whites believed that the Kirbys were “not of pure Caucasian blood,” and that therefore their removal was in the segregated school's best interest, the court, in Tucker v. Blease (1914), upheld their expulsion.

2004 ◽  
Vol 32 (1) ◽  
pp. 89-99 ◽  
Author(s):  
Lisa Eckenwiler

The Law is a grim, unsmiling thing, Not Justice, though. Justice is witty and whimsical and kind and caring.Rohinton Misuy, A Fine Balance;When the South Carolina Supreme Court upheld the conviction and twelve-year sentence of Regina McKnight, it affirmed that state 's commitment to bring the full force of the law to the punishment of pregnant women who use drugs. Prosecutors linked the delivery of Ms.McKnight 's stillborn baby to her use of cocaine, and argued successfully for a finding of homicide by child abuse. The McKnight judgment follows the South Carolina Supreme Court decision in the case of Cornelia Whitner. Whitner was sentenced to prison for illegal drug use during pregnancy on the grounds that the viable fetus is a child under the state s criminal child endangerment statute.On the basis of constitutional concerns such as due process and privacy, worries that criminal prosecutions may thwart public policy goals such as keeping families together and promoting the health of women and children, and findings that legislatures did not intend to include the fetus in the scope of drug laws or child abuse and neglect laws, criminal prosecution has been resisted in most jurisdictions.


2008 ◽  
Vol 20 (1) ◽  
pp. 126-142 ◽  
Author(s):  
Anthony Badger

On Monday, March 12, Georgia's senior senator, Walter George, rose in the Senate to read a manifesto blasting the Supreme Court. The Manifesto condemned the “unwarranted decision” of the Court in Brown as a “clear abuse of judicial power” in which the Court “with no legal basis for such action, undertook to exercise their naked judicial power and substituted their personal political and social ideas for the established law of the land.” The signers pledged themselves “to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.” It was signed by nineteen of the twenty-two southern senators, by every member of the congressional delegations from Alabama, Arkansas, Louisiana, Mississippi, South Carolina, and Virginia, by all but one of the representatives from Florida, all but one from Tennessee, all but three from North Carolina, and half of the Texas delegation.


Author(s):  
Stephanie Hinnershitz

While studies of anti-miscegenation laws and interracial sex in the South tend to focus on white and black relationships, Asian Americans were also subjected to Jim Crow discrimination when it came to prohibitions on interracial sex and marriages. The in-between racial and political status of Asians challenged the black-and-white sexual and legal order of the South. This chapter focuses on two court cases from Georgia and Virginia that highlight the complexities of Asian-initiated battles against sexual and racial laws and norms in southern states: the 1932 Annunciatio v. State of Georgia case and the 1955 Naim v. Naim Supreme Court appeal that began in Virginia.


Author(s):  
Alisha Gaines

This chapter considers the Pittsburgh Post-Gazette ace reporter Ray Sprigle’s four weeks traveling through the Jim Crow South “passing for black” in 1948. In the subsequent 21-part series, “I Was a Negro in the South for 30 Days,” Sprigle writes how he is desperate to experience and document the most extreme aspects of Southern racism or “Dixie terror;” however, Sprigle only managed to “yessir” his way throughout the South becoming what he calls a “good nigger.” After Sprigle failed to experience the Dixie terrifying racism he needed to validate his experiment, the chapter argues that “good niggerhood,” a performance of cautious and respectable, black masculinity, undermined the integrity and ultimate goals of his project. The chapter argues that Sprigle attempted to save his failing racial expedition by parroting the language of iconic sentimental texts such as Uncle Tom’s Cabin. The chapter then uses James Baldwin’s trenchant critique of sentimental literature, “Everybody’s Protest Novel,” to expose a cultural overinvestment in this kind of racial experiment.


Author(s):  
J. Harvie Wilkinson

Southern school desegregation after Brown progressed through four successive stages. The first might be termed absolute defiance, lasting from 1955 until the collapse of Virginia’s massive resistance in 1959. The second was token compliance, stretching from 1959 until passage of the 1964 Civil Rights Act. With that act, a third phase of modest integration began with the efforts of southern school officials to avoid fund cutoffs by the Department of Health, Education, and Welfare. The 1968 Supreme Court decision of Green v. County School Board commenced a fourth phase of massive integration during which the South became the most integrated section of the country. Yet even as the fourth phase developed, a fifth—that of resegregation— was emerging in some southern localities. Breaks in history, of course, are never so neat as their chroniclers might wish. During the defiant stage, for example, North Carolina, Tennessee, Texas, and Florida practiced token compliance. And during much of the token compliance stage, Mississippi, Alabama, and South Carolina practiced total defiance. The different phases thus express only regional momentum as a whole and not the progress, or lack thereof, of a particular state. Even as a gauge of regional momentum, moreover, these phases are imperfect, given wide differences in temperament between the Deep and Upper South. These differences, particularly at first, were important. “In terms of immediate progress toward desegregation in the South,” noted Numan Bartley, “there was precious little to choose between the complex machinations of upper South states and the bellicose interposition of Virginia and the Deep South. But in terms of the future of the Brown decision, the difference was considerable. States of the upper South, with the exception of Virginia, accepted the validity of the Supreme Court decree and aimed to evade its consequences; Deep South states refused to accede any legitimacy to the decision.” Prior to the Kennedy presidency, this division “helped to keep alive the principle of Brown v. Board of Education in the South.” From 1955 to 1968 the Supreme Court remained largely inactive in school desegregation.


Author(s):  
Richard A. Rosen ◽  
Joseph Mosnier

This chapter tells the story of the Depression-era, Jim Crow world from which Julius LeVonne Chambers emerged, recounting his childhood, family, and formative experiences. LeVonne Chambers (Julius Chambers's birth name) was born in October 1936, in the tiny crossroads town of Mt. Gilead, in rural Montgomery County, North Carolina. No black child born to such a time and place easily escaped the fetters imposed by the South's rigid racial segregation. Not one black child in ten in Montgomery County completed high school in those years; not one in one hundred graduated from college. Yet, by some combination of ability, effort, and good fortune, and with the unstinting support of his parents and community, Chambers set himself on a path that would lead to, at age thirty-four, to the appellant's lectern at the U.S. Supreme Court.


Author(s):  
Elizabeth Gillespie McRae

In the interwar period, Florence Sillers Ogden, Mary Dawson Cain, and Cornelia Dabney Tucker, segregationists in the Deep South, capitalized on their enfranchisement to mobilize voters to shape the system of Jim Crow at the polls. They encouraged women to uphold segregation through political parties, but their politics were as varied as the Jim Crow order they sought to serve. Ogden supported President Franklin Roosevelt and the New Deal for helping out Mississippians and for following the dictates of racial segregation. Cain opposed the Roosevelt’s expansion of social services and worked against the national party as a Jeffersonian Democrat. After Roosevelt’s proposal to re-organize the Supreme Court, Tucker organized a national anti–court-packing campaign, became a Republican, and lobbied for a secret ballot in South Carolina. These women criticized state-level officials for sacrificing conservative political principles for political gain and nourished the seeds of partisan dissent in the Solid South.


Author(s):  
Amy Louise Wood ◽  
Natalie J. Ring

The introduction outlines the central themes of this collection: the problem of southern distinctiveness; the modernization of the criminal justice system and the centralization of state power; and the relationship between crime control and white supremacy in the Jim Crow South. In doing so, it offers an overview of criminal justice history in the South from the antebellum era through the rise and decline of convict leasing in the postbellum era to the development of new practices surrounding policing, incarceration, and capital punishment after 1890. It also explains the significance of this collection to the historiography on criminal justice in the South, as well as to understanding problems in our present-day penal system. Finally, the introduction summarizes each chapter in the collection.


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