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Debt and Default on the Alabama Frontier: Notes on a 19th Century Justice’s Ledger

The subject of this blog post is a ledger used by Justices of the Peace in Clarkesville, Alabama during the 1820s and 1830s. Justices of the Peace used ledgers like this one to record developments in the cases they heard. This ledger specifically deals with the complaints filed between neighbors for outstanding debts. In it, we see the financial mechanisms of an early 19th century Alabama frontier society. Thanks to Hudson Cheshire, our former research assistant and newly-minted J.D. for this post.

Debt and Default on the Alabama Frontier: Notes on a 19th century Justice’s Ledger

Hudson Cheshire

The subject of this blog post is a ledger used by Justices of the Peace in Clarkesville, Alabama during the 1820s. The ledger is about 200 pages long, with cardboard panels and a badly deteriorated leather spine. It is 14 ½ inches in length, 6 ¼ inches wide, and 1 ¼ inches deep.[1]

William A. Robinson, a Justice of the Peace of Clarkesville County, Alabama, began recording cases in this ledger in June of 1824.

Image of first page of Justices' Docket.

First page of Justices’ Docket

The last case recorded is from August of 1830. During this period, the docket went into the hands of at least two successive justices: Samuel Beckham, from July of 1827 to May of 1828, and Kendrick Ford from September 1828 to July of 1830. The successive justices continued to record developments in the cases first handled by their predecessors. The contents of this book were not, in all likelihood, a matter of public record, but instead a mechanism for recording, for future reference, whether disputes had been resolved. Thus, there is little in the ledger by way of common law precedent or factual background for any of the legal disputes.  In that respect, it is closer to an accounting notebook than a legal document. Still, it sheds light on the legal lives of Alabamians in the 1820s. To best contextualize the ledger’s contents, a few words are in order regarding Clarke County circa 1825 and the Justices’ legal duties.

Clarke County is located in southwest Alabama, just below the Black Belt and west of Monroe County, the hometown of author Harper Lee and inspiration for the setting of To Kill A Mockingbird. In the novel, narrator Scout Finch credits the events of the book to Andrew Jackson: “If General Jackson hadn’t run the Creeks up the creek, Simon Finch would never have paddled up the Alabama, and where would we be if he hadn’t?”[2] If the Creek War of 1813 accounts for the origin of Lee’s fictional town of Maycomb, it also seems to have been a major catalyst for population growth in Clarke County. While Alabama historian Thomas Owen writes that by the time of the Creek War, Clarke County was populated enough to “furnish many soldiers to Gen. F.L. Claiborne’s army,” he also notes that the greatest population growth occurred in the decade after the war. According to Owen, a tannery, shoe factory, water mill, “iron screw” (for cotton packing), and a sawmill were all erected in Clarke County between the war’s end and 1821.[3]

The Justices who kept this ledger lived in Clarkesville, which, in the years the ledger covers, was the county seat (in 1831 the citizens voted for the county seat to be moved to Grove Hill, “the geographic center of said county”).[4] That in this time Clarkesville was the seat of a rapidly growing county is interesting because this particular ledger is almost exclusively devoted to cases involving debt and financial obligations. Through the ledger, we see the financial interdependence of a growing rural community. We see the Justice of the Peace, not just as a public servant, but also as a tradesman, who played the role of facilitating financial transactions between the citizens of his community. Read the rest of this entry »

Kenneth A. Roberts and the United States Capitol Shooting of 1954: An Exhibit from our Collections

On March 1, 1954, two hundred and fifty-four members of the Eighty-third Congress were debating immigration issues when a Puerto Rican Flag was unfurled and pistol fire erupted from the “Ladies’ Gallery” of the House of Representatives chamber. Four Puerto Rican nationalists, Lolita Lebron, Rafael Cancel Miranda, Andres Figueroa Cordero, and Irving Flores Rodriguez fired thirty shots at the representatives below, wounding five of them. One of the wounded was the Democratic representative from Alabama’s Fourth District, Kenneth A. Roberts who was shot in the leg. The suspects were arrested, tried and convicted in federal court, receiving what amounted to life sentences. Eventually, all were pardoned in 1978 and 1979 by President Jimmy Carter, and they returned to Puerto Rico. Lolita Lebron would become a Puerto Rican nationalist heroine. She died in 2010 from complications from bronchitis.

Image of Puerto Rican Flag

Puerto Rican Flag. Recovered from floor of Gallery # 11 of the House of Representatives, U.S. Capitol

The Puerto Rican flag that Lebron had draped around her, one of the weapon magazines, and evidence envelopes were given to representative Roberts and are displayed in the library’s John C. Payne Reading Room.

Kenneth Allison Roberts was born in 1912 at Piedmont, Alabama, the second of four children born to John Franklin and Josephine Burton Roberts. He graduated from Howard College (Samford University) in Birmingham and entered the University of Alabama School of Law in 1932. In 1935, Roberts graduated from law school and was admitted to the bar. During World War II he joined the Navy and served in both the Atlantic and Pacific theaters. Roberts represented Alabama’s Fourth District in the U.S. Congress from 1951 through 1965. He is notable for his support of progressive legislation including: deduction of child care expenses for working mothers, air pollution control, safety belt standards, refrigerator safety, and the labeling of hazardous substances. Roberts co-authored legislation for migrant workers, children’s healthcare, and American Indian healthcare. Following his congressional career he resumed practicing law in Washington, D.C., and kept an office in Brewton, Alabama. He served on the U.S. Vehicle Equipment Safety Advisory and the National Highway Safety Advisory committees. Roberts died in Potomac, Maryland on May 9, 1980.

Alabama’s 1901 Constitution: Instrument of Power

This post features a “Lifetime” voter-registration certificate recently discovered in a local antiques mall. It is an attractive and oddly cheerful bit of ephemera from a tragic era in Alabama history–the time of mass disfranchisement by means of the state’s 1901 constitution. Pondering the significance of the certificate, only slightly larger than a 19th-century dollar bill, led to the following thoughts.

Alabama’s 1901 Constitution: Instrument of Power

In the late 1890s, after overcoming serious challenges to their power, Alabama Democratic politicians decided to take decisive action. They had used various illegal tactics—chiefly ballot-box stuffing—to defeat “fusionist” coalitions of agrarians, Populists, and Republicans. They had won the elections; they remained in power. But in the process their exercise of power had lost any claim to a basis in morality. In order to prevent future challenges (and to shield themselves from the temptation to cheat), they decided to follow a plan first carried out in Mississippi in 1890 and since perfected in other southern states. The plan’s chief feature was the adoption of a new constitution, one whose voter registration provisions would disfranchise large numbers of citizens. African American voters were the primary targets; but significant numbers of hill country white voters were likewise vulnerable. The Democrats justified disfranchisement on the grounds that it would “purify” politics by eliminating unworthy voters—surely one of our most striking examples of blaming the victims. If any further excuse were needed, the Democrats, especially the “Bourbons” of Alabama’s Black Belt counties, claimed that a new constitution would maintain “White Supremacy.” This last argument, it should be noted, was exactly how they had justified ballot box stuffing. After one or two false starts, the disfranchisers engineered a constitutional convention to meet in Montgomery in the late summer of 1901.

The disfranchisers didn’t shy away from making their chief motives crystal-clear. Consider the following quotes taken from convention president John B. Knox’s opening address.

“And what is it that we want to do? Why, it is, within the limits imposed by the Federal Constitution, to establish white supremacy in this State.” [Journal of the Proceedings of the Constitutional Convention (1901), 9.]

“But if we would have white supremacy, we must establish it by law—not by force or fraud. If you teach your boy that it is right to buy a vote, it is an easy step for him to learn to use money to bribe or corrupt officials or trustees of any class. If you teach your boy that it is right to steal votes, it is an easy step for him to believe that it is right to steal whatever he may need or greatly desire. The results of such an influence will enter every branch of society; it will reach your bank cashiers, and affect positions of trust in every department; it will ultimately enter your courts, and affect the administration of justice.” [Journal of the Proceedings of the Constitutional Convention (1901), 12.]

The Democratic majority at the 1901 convention proceeded to adopt two voter registration plans, a “temporary plan” in effect through December 20, 1902, and a “permanent” plan to be used from January 1903 on.

The Temporary Plan (1901 Const., Art. 8, §180) was put in place in order to placate white voters from North Alabama; its chief feature was the “fighting grandfather” clause, by which the adult (age 21) male descendants of Confederate soldiers could register to vote. The section likewise allowed the registrars to enroll “All persons who are of good character and who understand the duties and obligations of citizenship under a republican form of government.”

Under the Temporary Plan, registration was to be carried out by three-man county boards of registrars, each to be chosen by the governor, acting with the commissioner of agriculture and the state auditor (Art. 8, §186).

Lifetime Registration (Art. 8, §187). By February 1, 1903, the boards of registrars were to file in their respective offices of Probate, lists of those persons registered. Each person who registered on or before January 1, 1903, unless he subsequently became disqualified, “shall remain an elector during life, and shall not be required to register again unless he changes his residence, in which event he may register again on production of his certificate.”

See the image of one such certificate, issued to D. Pierson, of Reform Beat, Pickens County, on May 6, 1902.

Image of certificate, recto

The Permanent Plan required would-be voters to:

–be 21 years old and male (Art. 8, §177);

–be a resident in state for 2 years (with lesser residence requirements for voting in county and municipal elections) (Art. 8, §178);

–have paid all poll taxes from 1901 onward (Art. 8, §178);

–be able to read and write any article of the U.S. Constitution, and have been gainfully employed for the previous 12 months (with exemptions for persons whose illiteracy or unemployment was due to physical disabilities) (Art. 8, §181), or

–be the owner of 40 acres of land or other property valued at $300 or more, on which the taxes have been paid (with exemptions for men whose wives meet the property requirement).

Image of certificate, verso

Life Certificate of Registration, verso

The Permanent Plan also barred from voting (Art. 8, §182) any persons who have been convicted of any of a list of more than 20 crimes, including “any crime punishable by imprisonment in the penitentiary.” Likewise anyone “convicted as a vagrant or tramp” and any person “offering to sell his vote or the vote of another” or “of buying or offering to buy the vote of another.”

Under Art. 8, §183, no person could vote in a primary election without being officially registered to vote.

The ratification election for the 1901 Constitution was held on November 11, 1901. The official vote was 108,613 (in favor) to 81,734 (against).

Twelve Black Belt counties voted in favor of the constitution by a vote of 36,224 to 5,471. The “vote in the other fifty-four counties of the state was 76,263 against to 72,389 for the constitution.” See Malcolm C. McMillan, Constitutional Development in Alabama (Chapel Hill, NC: James Sprunt Studies, 1955), 350. McMillan also notes a report (Mobile Register, November 13, 1901) that the Black Belt counties were slow in reporting their votes—an old tactic by which Black Belt political bosses could determine how many votes they “needed” to count. Thus on the face of the official returns, we are expected to believe that a considerable majority of African American voters voted to disfranchise themselves.

In the years following adoption, African American voting almost vanished and white voting declined. The late Sheldon Hackney calculated that 35 per cent of potential white voters were “disfranchised by the poll tax alone.” He concluded ironically that “The convention had done its job well.” See Hackney, Populism to Progressivism in Alabama (Princeton, NJ: Princeton University Press, 1969), 208.

In addition to McMillan and Hackney, interested readers may consult the following works:

Glenn Feldman, The Disfranchisement Myth: Poor Whites and Suffrage Restriction in Alabama (Athens, Georgia: University of Georgia Press, 2004).

R. Volney Riser, Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890-1908 (Baton Rouge: Louisiana State University Press, 2010).

William Warren Rogers, The One-Gallused Rebellion: Agrarianism in Alabama, 1865-1896 (Baton Rouge: Louisiana State University Press, 1970; subsequent edition, University of Alabama Press, 2001).

William Warren Rogers, et al., Alabama: The History of a Deep South State (Tuscaloosa, University of Alabama Press, 1994; subsequent edition, 2010).

Bailey Thomson, ed., A Century of Controversy: Constitutional Reform in Alabama (Tuscaloosa: University of Alabama Press, 2002).

Samuel Webb, Two-Party Politics in the One-Party South: Alabama’s Hill Country, 1874-1920 (Tuscaloosa: University of Alabama Press, 1997).

Hannis Taylor’s Science of Jurisprudence: Book as Text, Book as Object, Book as Legacy

For the next offering in our series titled “Preserved in Amber,” we feature a post by U.A. law student Hudson Cheshire on our Hannis Taylor collection. This collection consists of a copy of Taylor’s 1908 treatise The Science of Jurisprudence with two of his letters affixed to the endsheets. The letters are addressed to Cambridge history professor J.B. Bury. They seem blatantly self-promotional, but Cheshire demonstrates that they are also poignant and suggestive documents—items that transform this copy of a long-forgotten book into a unique archival object. Taylor (1851-1922) was a politician, lawyer, and prolific author associated with Mobile and Washington, D.C. We at Litera Scripta have long regarded him as an interesting and collectible writer (the subject, also, of a well-constructed biography).

Hannis Taylor’s Science of Jurisprudence: Book as Text, Book as Object, Book as Legacy

In any physical book there are multiple stories at work.

Of course, there is the text itself: the words and sentences and paragraphs through which the author communicates his ideas. But in addition to the text, the history surrounding the text also tells a story. One might think of Harper Lee’s childhood in conjunction with her novel, To Kill a Mockingbird. But every text is also influenced by other texts. Doubtless, Go Set a Watchman changed the way most readers see the stoic, justice-seeking attorney, Atticus Finch. Finally, the physical object of a book also tells a story: with time, any physical book may be dog-eared, annotated, or otherwise marked by its readers. Through these physical traces we are given glimpses of another story still. Perhaps the greatest allure of opening an old book is the chance to observe all of these different stories as they intersect and intertwine.

The subject of this blog post is a 108-year-old copy of a little-known book: The Science of Jurisprudence, by Hannis Taylor. Title page, The Science of JurisprudenceThe book is noteworthy in its own right as the work of a once important Alabama resident advancing a unique theory about American history. The library’s particular copy of the book is interesting for what are pasted onto its end sheets: two shamelessly self-promotional letters from the author to a professor overseas. Perhaps the most interesting aspect of the collection, however, is what happened only months after the letters were penned.

To say the least, there are many different stories buried in this particular old book. Perhaps the best place to begin is with the book’s author: Hannis Taylor. Though nearly forgotten in contemporary scholarship, Taylor was an important figure in his own time, not only for his published writings, but also for his influence as both a lawyer and political figure. Read the rest of this entry »

Ephemera from an 1898 Congressional Campaign

Editors’ Note

This post represents the second installment in a new category that we hope will be an occasional feature of our blog. Posts in this category will feature materials that are unique in some way, perhaps through ownership, creative attachment or insertion of documents, or other unusual items. Our previous post, “Next to His Bible”: John Randolph Griffin’s copy of the Louisiana Civil Code was the inspiration for this category that we have titled, Preserved in Amber. Our current post features an interesting small collection that is described by Hudson Cheshire, a 2017 J.D. candidate at the University of Alabama School of Law.

Ephemera from an 1898 Congressional Campaign

The topic of this post is a recently acquired collection that offers a glimpse into the life of a small town politician in early 20th century Alabama. The collection includes a copy of Alabama Reports Volume XXVII (the Alabama Supreme Court cases argued in the June term of 1855), and three documents that were laid within its pages. Two of the documents are laundry receipts for one Samuel Blackwell. The third is a notice for a series of events where Blackwell would be speaking in his 1898 campaign for Congress.Blackwell 01

Samuel Blackwell, the subject of the laundry receipts and political flyer, lived from 1848 to 1918 and is buried in the Decatur City Cemetery. While history has relegated Blackwell to obscurity, the sparse documents that remain suggest a man of relative political success in his place and time.Blackwell 02

Blackwell began his career in public service early, enlisting in the Confederate Army at fourteen years old. By his fifteenth birthday, he was a prisoner of war in Camp Douglass, a large Union prisoner camp in Chicago. Years later, as the Morgan County delegate for the Constitutional Convention of 1901, Blackwell recounted a comrade’s sardonic description of the conditions at Camp Douglass: “We slept until after breakfast, skipped dinner, and went to bed before supper.” [Journal of the Proceedings of the Constitutional Convention of the State of Alabama, 1901, 3025].

A document from 1903 indicates that Blackwell served at least one term as mayor of New Decatur in the early twentieth century and in the 1910-1912 Biennial Report of the Attorney General of Alabama, Samuel Blackwell is listed as the Blackwell 03Solicitor for the Morgan County Law and Equity Court. Perhaps the only lasting glimpse into Blackwell’s perspective comes from his words at the 1901 Constitutional Convention, preserved in the Official Proceedings. Describing the Convention’s atmosphere of pessimism regarding the voting capacity of the general population, historian Sheldon Hackney quotes Blackwell saying, “nature has marked the weak and incompetent to be protected by Government, rather than to be the directors of the Government.” [Populism to Progressivism in Alabama, 196].

Had Blackwell been successful in his 1898 campaign for Congress, he would have been better remembered in Alabama history. Nevertheless, available records merit the assumption that Blackwell was an influential political figure at the turn of the century, if only in his own small corner of the world.

Hudson Cheshire, Research Assistant, Bounds Law Library

 

Justice Hugo Black Study Reopens

Following significant renovations this summer, the Hugo Black Study at the Bounds Law Library has reopened to visitors.Hugo Black Study The exhibit, which is a replica of Justice Black’s Alexandria Virginia study, underwent improvements including repainting, a new ceiling, and redesigned lighting. The study contains contents and furnishings donated by Mrs. Elizabeth Black and more than one thousand volumes belonging to Justice Black that were transferred to the law school by the Supreme Court Library in 1983. As United States senator and supreme court justice, Black collected the works of his favorite authors and accumulated an impressive number of volumes on law, history, philosophy, and other topics. He underlined and annotated many of his books, making them a unique source of insight into his thoughts and opinions.

The collection is located in room 211 of the Bounds Law Library and is available to scholars by appointment, and the public is invited to view the study during regular library hours.

New Acquisitions: Judge Cecil M. Deason Collection

DeasonIn Alabama, one seldom has a chance to examine the papers of a state trial court judge. Circuit judges don’t often leave behind collections for posterity—less so, certainly, than their counterparts on the appellate bench. The Bounds Law Library recently received the papers of Judge Cecil M. Deason (1903-1994), who lived in stirring times and found himself in the middle of historic events. The following was written by Research Assistant Ethan Wilkinson (UA Law, 3L; BA, Birmingham Southern College). He also was the primary arranger of the Deason Collection.

The University of Alabama Law Library Special Collections recently acquired the papers of Cecil Deason, a long time Solicitor and Circuit Judge in Jefferson County. The collection, consisting predominantly of newspaper clippings, photographs, judicial materials, and an assortment of other items, covers most of Deason’s adult life, including his service in World War II, his time in the Solicitor’s Office in Jefferson County, and his tenure serving on the bench in Alabama’s 10th Judicial Circuit.Deason Scrapbook

Cecil Deason was born in Bessemer in 1903. He graduated from the University of Alabama School of Law in 1929 and returned to Birmingham to begin a private practice. Two years later he was appointed Solicitor to the Jefferson County Court of Misdemeanors. It was during this time that Deason constructed his first scrapbook, revealing his fascination with both high profile crimes and the judicial system, recording any and all newspaper articles that related to highly publicized crimes, the Alabama court system, or trials that caught the newspapers’ attention. Deason enlisted in the U.S. Navy in 1941, serving as a staff intelligence officer in the Pacific and eventually rising to the rank of Commander by the end of World War II. During his time in the service, Deason kept a meticulously detailed photographic record of his wartime experience, in particular chronicling his stay in the Philippines. The snapshots, arranged into a large photo album, paint a vivid portrait of both the brutality of the conflict and the workaday atmosphere of camp life, each juxtaposed against the jungle background of the South Pacific islands.Deason holding Klan robe

After the War, Deason returned to the Solicitor’s office in Birmingham. During this time the future judge made a name for himself as an anti-crime force in the state. In particular, two cases propelled Deason’s name into the headlines and laid the foundation for his future rise to the judiciary: the prosecution of Ku Klux Klan members for attacking and flogging a woman in northern Jefferson County in 1949 and the prosecution of Albert Fuller for the assassination of Democratic Attorney General candidate Albert Patterson in Phenix City in 1954.The Klan case drew a national spotlight to Birmingham, where a rash of cross burnings and attacks had swept the area in the early summer of 1948. One of the victims, Edna McDana of Adamsville, identified one the masked attackers who broke into her home and flogged her. However, despite Deason’s and Chief Solicitor Emmett Perry’s best efforts and McDana’s testimony, Coleman Lollar was acquitted by an all-white jury after just an hour and a half of deliberation. But the trial broke headlines across the country and put both Deason’s and Perry’s names and faces (often holding Klan robes up for the jury to inspect) in papers from New York and Chicago. Deason would later receive hate mail from as far away as New York, some writers attacking him for prosecuting a white man and others accusing him of not doing enough to gain a conviction.Deason discussion

Deason gained further notoriety for the prosecution of Phenix City Deputy Sheriff Albert Fuller for the murder of Albert Patterson. Patterson had just received the Democratic nomination for Attorney General in a hotly contested primary, campaigning on a promise of saving Phenix City, his home town in Russell County, from the clutches of the local (and incredibly corrupt) political machine. Fuller, Circuit Solicitor Arch Ferrell, and outgoing Attorney General Si Garrett were indicted for the murder, though the latter two were ultimately acquitted. The case was moved to Birmingham to shield the proceedings from the corruption of Russell County’s judiciary, and Deason was appointed special prosecutor for the case by Attorney General John Patterson, Albert’s son. Although Fuller was defended by Roderick Beddow, then the most eminent defense attorney in the state, Deason secured a life sentence in a trial that gripped the state’s attention. Within months of the trial’s conclusion, the younger Patterson cleaned out the city’s corruption in a move that would send him to the governor’s mansion in 1959, and Deason cemented his legacy as a hard line prosecutor worthy of serious consideration for judicial office.

Deason Scrapbook Deason was appointed to the specially created 10th Judicial Circuit in 1961 after receiving votes of confidence from both the Alabama State Bar Association and the Alabama Association of Circuit Judges. He served that seat for over a decade, eventually becoming a prominent member of the Circuit Judges’ Association and a vocal leader of the judicial reform movement of the late 1960s and early 1970s, vehemently defending the jury system and pressing for increased salaries and resources for Alabama’s courts. When he retired in the mid-1970s, Judge Deason left a legacy reflected in the papers and numerous newspaper clippings he saved. His advocacy of tough justice for criminals and his stands on behalf of judicial reform were each underscored by a deep sense of duty and service to both the state and country.