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The Great South Carolina Ku Klux Klan Trials, 1871-1872 (Studies in the Legal History of the South)
 
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The Great South Carolina Ku Klux Klan Trials, 1871-1872 (Studies in the Legal History of the South) [Hardcover]

Lou Falkner Williams (Author)
3.0 out of 5 stars  See all reviews (2 customer reviews)


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Book Description

Studies in the Legal History of the South August 1996
It is remarkable that the most serious intervention by the federal government to protect the rights of its new African American citizens during Reconstruction (and well beyond) has not, until now, received systematic scholarly study.

In The Great South Carolina Ku Klux Klan Trials, Lou Falkner Williams presents a comprehensive account of the events following the Klan uprising in the South Carolina piedmont in the Reconstruction era. It is a gripping story--one that helps us better understand the limits of constitutional change in post-Civil War America and the failure of Reconstruction.

The South Carolina Klan trials represent the culmination of the federal government's most substantial effort during Reconstruction to stop white violence and provide personal security for African Americans. Federal interventions, suspension of habeas corpus in nine counties, widespread undercover investigations, and highly publicized trials resulting in the conviction of several Klansmen are all detailed in Williams's study.

When the trials began, the Supreme Court had yet to interpret the Fourteenth Amendment and the Enforcement Acts. Thus the fourth federal circuit court became a forum for constitutional experimentation as the prosecution and defense squared off to present their opposing views. The fate of the individual Klansmen was almost incidental to the larger constitutional issues in these celebrated trials. It was the federal judge's devotion to state-centered federalism--not a lack of concern for the Klan's victims--that kept them from embracing constitutional doctrine that would have fundamentally altered the nature of the Union.

Placing the Klan trials in the context of postemancipation race relations, Williams shows that the Klan's campaign of terror in the upcountry reflected white determination to preserve prewar racial and social standards. Her analysis of Klan violence against women breaks new ground, revealing that white women were attacked to preserve traditional southern sexual mores, while crimes against black women were designed primarily to demonstrate white male supremacy.

Well-written, cogently argued, and clearly presented, this comprehensive account of the Klan uprising in the South Carolina piedmont in the late 1860s and early 1870s makes a significant contribution to the history of Reconstruction and race relations in the United States.

--This text refers to the Paperback edition.

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Editorial Reviews

Review

"Interesting and important . . . The reader of Williams's revealing study cannot help concluding that, ultimately, the federal system and the courts were institutional roadblocks that contributed very significantly to the collapse of Reconstruction.”--American Historical Review


"An accessible account of this significant episode. The work skillfully draws upon the wider literature of Reconstruction race relations, using these trials to illuminate broader legal and constitutional issues. . . . Provides an excellent microcosm of the constitutional issues of Reconstruction, illuminating how they intersected with the wider social and political developments of the era."--Law and History Review


"A valuable, dramatic, and often disturbing work. Williams is a fine writer who has crafted a powerful study of the exact moment when everything went wrong and violence succeeded in intimidating the whole country into abandoning the rights of millions of citizens."--American Journal of Legal History


"Williams is the first historian to publish an in-depth, book-length case study of the Klan's demise in a particular state. . . . Though much of the book concentrates on legal and constitutional matters, she also offers valuable commentary on the social, cultural, and political ramifications of the rise and fall of the South Carolina Klan."--Mississippi Quarterly


"Well written and persuasively argued . . . Williams is to be congratulated for finally dealing fully with the failed efforts to implement Reconstruction reforms. Her book is a valuable contribution to the study of Reconstruction."--Georgia Historical Quarterly


"Essential reading, especially at the present time . . . Provides far more food for thought about both past and present than many far-longer tomes."--Chronicle of Higher Education


"[Williams's] accounts of the trials are dramatic. She is particularly skillful in sketching the personalities of the judges and attorneys involved, and her conclusion is convincing."--Choice


“Whether you enjoy reading about history, civil rights, or law, anyone from South Carolina can learn more about this brutal and difficult period in our state's development through this book."--Charleston Post and Courier
--This text refers to the Paperback edition.

From the Publisher

How a famous terror trial exposed the limits of constitutional protection and foreshadowed the failure of Reconstruction --This text refers to the Paperback edition.

Product Details

  • Hardcover: 197 pages
  • Publisher: Univ of Georgia Pr; illustrated edition edition (August 1996)
  • Language: English
  • ISBN-10: 0820317950
  • ISBN-13: 978-0820317953
  • Product Dimensions: 9.1 x 6.2 x 0.9 inches
  • Shipping Weight: 1.1 pounds
  • Average Customer Review: 3.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #1,596,222 in Books (See Top 100 in Books)

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17 of 17 people found the following review helpful:
5.0 out of 5 stars A Sobering Book About "Regime Change", July 17, 2003
This review is from: The Great South Carolina Ku Klux Klan Trials, 1871-1872 (Studies in the Legal History of the South) (Hardcover)
I was troubled to discover the negative review above, because I regard this as a truly outstanding book. Indeed, I have decided to recommend it to incoming law students at the University of Texas Law School as one of the best ways to understand the limits of law and legal institutions. This book, although ostensibly about a very narrow subject, helps us to understand why what has come to be called "regime change"--or "reconstruction"--is so very difficult, if not impossible, unless one is willing to put almost limitless resources into the project.

South Carolina, the home of the most hotheaded secessionists, might have lost the battle, but most of the white population had scarcely changed its mind about proper political relations between whites and blacks (who might well have been a majority of the population). It was no surprise, then, that the Ku Klux Klan proved to be a popular organization among South Carolina whites, who believed that terrorism might succeed in restoring white domination and black subordination.

An heroic US attorney made valiant efforts to prosecute the Klan, but a major point of the book is that there were simply too many defendants and too few resources. The Grant Administration ultimately proved unwilling to pay the price required truly to change the vicious regime of racial oppression.

I will leave it up to readers to make analogies to contemporary events. But I cannot recommend this book high enough, both for its historical analysis and its (unintended) resonance with regard to current events.

Sanford Levinson
University of Texas Law School

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7 of 37 people found the following review helpful:
1.0 out of 5 stars An Informative Book Ruined By Author's Jaundiced View, January 31, 1998
By A Customer
This review is from: The Great South Carolina Ku Klux Klan Trials, 1871-1872 (Studies in the Legal History of the South) (Hardcover)
Mr. Williams attacks southern whites from the very first chapter. While I totally agree that the acts perpetrated by the Ku Klux Klan were vicious and animal-like, the view they held was NOT held by all southern white people. Although many of these men were sentenced to jail and had to pay fines, the author leaves you with the impression that the trials were a joke and the U.S. government was as racist as the klansmen that commited the crimes. The whipping and beating of innocent people is always an outrage, but I have yet to associate these acts as being indicative of the "Southern-style" way of getting even (as the Mr. Williams states several times). Although this book is one in a series which purports to explore "the ways in which law has affected the development of the United States and in turn the ways the history of the South has affected the development of American law", it is seems to be nothing more than an attack upon southern white people (white males in particular) and the southern way of life. It would appear that he would like to have seen all white people in South Carolina in 1871 lined up and shot, whether they were a member of the klan or not. I hate to rate a book this low, but in this case it is warranted.
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