Showing posts with label Legal History. Show all posts
Showing posts with label Legal History. Show all posts

Sunday, November 3, 2013

More good news for Ohio genealogy geeks

Chris Staats strikes again! and unearths a promising resource on Ohio legal history, which may be as complicated as its land history. Worldcat will tell you where copies exist, and the Newberry Library's Atlas of Historical County Boundaries will show the size of certain relevant territorial counties' jurisdictions.

Wednesday, September 19, 2012

From the blogs: 14-year-old fathers, on-line yearbooks, 1790 in western Massachusetts, and more

I can't read all the blogs or pick the best posts, but here are some recent items I enjoyed.

* The Plausibility Police! Dawne Slater-Putt at the Allen County Public Library Genealogy Center was confronted with two different 14-year-old "fathers" in one day of work. Here's how she ascertained the facts in the first case and in the second.

* If you want a publishable research challenge but don't want to get into a lot of writing, check out your own and all your friends' and relations' trees for an under-documented resident of western Massachusetts in 1790 -- and then check out the New England Historic Genealogical Society's project.You will be edited, but that's a good thing!

* On-line yearbooks are getting common, but here's a bouquet from Loyola University (Chicago).

* Get thee to a law library for a legal-history closeup on black people in court in South after the Civil War. "This article draws on more than 600 higher court cases in eight southern states to show that African Americans succeeded in litigating certain kinds of civil cases against white southerners in southern appellate courts between 1865 and 1920." Hat tip to the Legal History Blog.

* Do you worship history? Debunk it? Or use it as a tool to "fluff out" your trees? Here's Diane Haddad's take at Family Tree magazine's blog.



Harold Henderson, "From the blogs: 14-year-old fathers, on-line yearbooks . . .," Midwestern Microhistory: A Genealogy Blog, posted 19 September 2012 (http://midwesternmicrohistory.blogspot.com : accessed [access date]). [Please feel free to link to the specific post if you prefer.]

Monday, May 9, 2011

"Christianity, American Indians, and the Doctrine of Discovery"

Robert Miller of Lewis & Clark Law School in Portland, Oregon, has posted a useful paper on line for those who need a quick review (or refresher course) of one reason why few Europeans had a problem with taking the land of the aboriginal inhabitants of Australasia and the Western Hemisphere. It's called "Christianity, American Indians, and the Doctrine of Discovery," (free download PDF) and he carries its history from the Crusades through the era of Columbus and up through Manifest Destiny. (The paper was part of an anthology, Remembering Jamestown: Hard Questions About Christian Mission, Amos Yong, Barbara Brown Zikmund, eds., Pickwick Publications, 2010.)

The analysis is detailed, and different stages of the doctrine are distinguished as it grew and became incorporated in American law. Miller ultimately identifies ten components, one of them being the notion (my paraphrase) that it was OK to take Indians' land because they weren't really using it. Interestingly, many versions did include some limitations on what the superior Europeans were allowed to do -- the doctrine was not always supposed to be a blank check.

Miller notes that the doctrine (and the laws and judicial decisions growing out of it) are firmly based on the idea that Christianity is the only true religion (which at least makes it plausible that natives should be forced to give up their land and independence in return for being converted). I gather from his final paragraph that some Christians nowadays would like to see the doctrine repudiated. The main issue for genealogists and historians is to understand it and to realize how deep it runs.

(Hat tip to the Legal History Blog.)

Thursday, July 30, 2009

Social Science Research Network? What?

Sometimes as a genealogist, you can feel like a dog underneath a banquet table -- so many of the succulent scraps of information are out of reach, requiring access to those few libraries that have access to JSTOR or NBER papers. But the Social Science Research Network has thousands of papers anyone can download for free (PDF). And some of them are even relevant to our work. Here are four titles I picked up in a few minutes of searching:

"'Social Equality Does Not Exist among Themsleves, nor among Us': Baylies vs. Curry and Civil Rights in Chicago, 1888," by Dale

"History in the Law Library: Using Legal Materials to Explore the Past and Find Lawyers, Felons, and Other Scoundrels in Your Family Tree," by Metzmeier (2008, Kentucky)

"Anglo-American Land Law: Diverging Developments from a Shared History. Part II: How Anglo-American Land Law Diverged after American Colonization and Independence," by Thomas (1999, BYU)

"'The Most Esteemed Act of My Life': Family, Property, Will, and Trust in the Antebellum South," by Davis and Brophy (2009) -- on antebellum probate practices in Greene County, Alabama -- a county that was both wealthy and unburnt.

I'm sure there's more. Arf!

Hat tip to this post from the Samford University Library's Institute of Genealogical and Historical Research on Facebook.