HST 386 Midterm

15th Amendment

Fifteenth Amendment, 1870: right to vote- federalizes right to vote, used be state thing, and only gives it to men. Can deny right to vote on gender. Hoped would give free people right to be sufficient and have the tools to protection. Election of radical legislatures in Southern States: elect radical people in the South, public education in the South

Fort Pillow Massacre

Fort Pillow: kill all people, they did not accept their surrender and did not put them in jail, murdered the African American soldiers, more of racial thing. Confederacy never arms African Americans and insulted the US army was arming slaves to fight their masters this was criminal so they retaliated, how dare you betray your masters and so they murder them. Retaliation Lieber said was bad happened.

Jerry Rescue

Fugitive Slaves Act of 1850 seeks to force Northerners to be complicit Allowed for the capture and return of runaway slaves within the territory of the US, 1850 laws added more provisions regarding runaways and levied even harsher punishments for interfering in their capture. North is pissed.. Jerry Rescue: Rev. Jermain W. Loguen: Leaders of the local Abolition movement, including the Underground Railroad Stationmaster Jermain Loguen had organized a local committee to thwart enforcement of the recently adopted Fugitive Slave Law. The Jerry Rescue occured on Oct. 1 1851, and involved the public rescue of a fugitive slave who had been arrested the same day in Syracuse NY during the anti-slavery Liberty Party's state convention.

Bestiality

having sex with animals. Thomas Granger Reading William Bradford Teenager, indentured servant, caught having sex with animals Beastiality Teenage servant Procedure They catch him They want him to confess (confession is a religious element), confession means he would get right with the lord, it's important to punish but also him to get right with the lord He is breaking code of leviticus, profoundly religious and that criminal laws will follow the laws of the bible Gets a trial by jury Biblical law Confession Jury -- early form of democracy, insist that jury of his peers determine his fate, part of British custom He is sentenced to death, no such thing as victimless crime Do not see sex as harmless, victim is God, you sinned against God so you need to be punished to avoid being smitten by God, make certain God's law is enforced Make him watch them kill the animals, wanted to make him feel guilty and remorse, and they do not use any part of the animal, don't eat them. This is telling:: these people are HUNGRY, that's valuable and wealth to them but it was Corrupted, God doesn't want us to eat it and they do not Governor: William Bradford Theories Governor: William Bradford theories for why this happened, these damned immigrants who are not Puritans servants aren't religious and commit more crimes, idea that they are living in such close quarters we can see crimes going on perception of sinfulness is much greater everyone can see what's going on, they are out in the wilderness near Native Americans "savages, heathens" savage land is affecting us and making us misbehave. Satan: wilderness argument Repression Immigration Key Part: Bradford is trying to figure it out Why Crime Exists, starting idea of criminology, thinking, early attempt to explain crime as a phenomenon Thomas Granger: Bradford is sad, the kid is young, he screwed up and did something wrong and he has to die and the animals have to die, he is sad. Kills him because God says. --believed bestiality would make unholy births sign god was angry and would punish them.

walnut street jail

he First Penitentiaries Pennsylvania Walnut St. Jail (1787) year of Constitution Tocqueville from France to examine these new penitentiaries Walnut St founded because Pennsylvania gets rid of physical punishment because the nobles are Quakers, get rid of violence they do not believe in it, corporal punishment is wrong need to reform people with a penitentiary Not many cells, segregate on age, sex, and offense, 16 cells, described: one small secured window, cannot have conversation, prevented from seeing any person, provisions once a day, one guy per each cell: doesn't work this is absolute torture, absolute solitude is torture very hard experience, many want to commit suicide and it is extremely expensive , eventually inmates set fire to the workhouse :perhapes idleness is why it didn't work and then began get overcrowding- leads tensions and violence

Auburn penitentiary

Auburn (1816) Another large jail, 5 of 83 inmates die suicide, so get rid of solitary and replace with silent system, bar individuals from talking to one another, worried of conspiracies or school crime, learn about hard crime, becoming sadistic punishment, throw people in a hole,

Laws of War

--an entire lecture on it-- II. The Laws of War Civil Liberties Reading: Francis Lieber General Rules of War, French man came with this, some lawfulness in chaos and disorder in law. "Lincoln's Law" although he never confirmed that. Marital Law: when military rules a space they can rule it and run the show the general runs the show. Suspension of Civil Law with the occupation of an army. But Lieber is saying the army occupying needs some rules too or else bad things will happen, don't abuse your power, war is not anarchy. Idea there are people who are not components and don't kill them. Civilians should not be killed in war, war should be confined to soldiers. Crimes have to have punishments by court martial, army runs its own courts and this has different rules than the civil government. No cruelty, do not believe in Revenge. Limit revenge and constrain the occupying army because the cycle of violence, if you don't stop avenging yourself the other side won't either if you don't stop the cycle of violence you will always have war, looking at how peace would look like. Cannot assassinate, want to do everything they can so that peace can be attained in the end, if you kill the leader you won't get peace you want someone in charge to bring peace and sign the peace constitution. ... three of his sons are in the war, one son is in Confederacy and two are in the Union, so he is making these laws to allow order to form later, behave well in the fight showing his own personal interests.. Problem with North and South: what do you do about freedom? This is a war that is going to kill the nation or keep it together shakey. States are divided too, (except most NE and deep South) Copperheads Northerners who sympathized with the Confederacy-- division in the States, many Copperheads in NY, some candidates are running as Copperheads too.. Looks like they would undermine the war effort and impede all you sought to gain in fighting the war. Civil Liberties-- all being contested. American Bastille- reading Military prison in France, kept the political dissenters during French Revolution, Noah was lawyer, journalist, and in the army, he had been a democrat and became republican serving in US army but leaves because he got sick. He's arrested thrown into military prison, not told of offense and not given a trial.. Showing suspending of rules long time established in the US, he cannot get counsel, holding him against all American rights. He is son of famous democrat but he fights in US army in Union Army, so political stunt his dad was famous journalist democrat. In jail he reaches out to a journalist and they send word back to his wealthy NY family, so they release him because the family makes big fuss about it, conditions: pay bond to NY state, into a holding account and if you violate the bond they take your money, huge incentive to behave well, he is not given clothes, money, has to find his own way home. Violates basic rules in the US, but this is a time of war. Worried against dissent on the war effort and civil liberties threatening to the war effort. Both sides suppress free speech, habeas corpus, civilians could be tried in military court.. Going against values.. Both sides adopt these policies Habeas Corpus: right to know why you're being held, say what you're being tried with, this was a right all the way back given in Magna Carta and it's in the Constitution itself, fundamental and basic, heart of government. Speedy trial Jury of peers Military Courts Lambdin Milligan: a famous copperhead, head Knights of the Golden Circle, failed get much traction in election so resorted to armed uprisings. Raid prisoner of war camps and arm them, arrested without warrant and put into jail in military facility. Lambdin is a civilian tho, he is not a military combatant should not be trying him in military courts and in regions that are not currently at war. Keeping civilian in an area of not military control, and Supreme Court rules with Milligan that they couldn't do this. Lincoln realized Milligan case was strong and would not execute him. Irregular Warfare-- again breakdown of law and order Guerillas- guerilla warfare they hide and ambush, take advantage of their knowledge of the landscape, wait for you and attack you. Rise of guerilla warfare an irregular warfare, especially on war of citizens (ex. kansas) considered even at the time uncivilized and unmanly warfare but everything broken down. Bushwackers: Lawrence Kansas, women and children are being murdered in war in Kentucky, hiring Gorillas, live off land forage, raid, rob and kill civilians, rule of law and humanity breaks down. Quantrill's Raid Massacres Fort Pillow: kill all people, they did not accept their surrender and did not put them in jail, murdered the African American soldiers, more of racial thing. Confederacy never arms African Americans and insulted the US army was arming slaves to fight their masters this was criminal so they retaliated, how dare you betray your masters and so they murder them. Retaliation Lieber said was bad happened. Total War-- North turning to irregular warfare, attacking their very way of life so they lose their will to fight, kill their way of life. Sherman's March; 60 mile wide destruction, march to sea, burns down ⅔ of the city, destroys the railroad tracks destroy their supply line and their economy. It destroys their economy and society so that people will give up the will to fight. Even punish the civilians because you want them to start demanding peace as voters. Destroy the ability to fight Prison Prison Camps: life in the prison camps were not good. 56,000 POWs die, 9% of all deaths Worst Camps: Andersonville (GA) 13,000 out of 45,000 die: from disease, malnutrition, disease, overcrowding Elmira (NY) 3,000 out of 12,000 die: similar recurring in the North although the degree is not as great. Inattention of humanity. Not sharing food POW, Belle Isle Prison, 1864 Assassination This shows the largest breakdown of laws of society, and at the time many people in South did not like him for emancipating Slaves and some Northerners did not like him. Booth killed him, who himself was an actor that's why he got backstage: does not challenge to a duel, just shoots him in the back. Dueling was assuming that the two were equal, in the back saying Lincoln was beneath a duel This was unheard of, only one president before had even been shot at, Andrew Jackson, unprecedented and in violation of Liber law What does Liber say?: not how a war should function, lacks US ability to negotiate peace. Murder Outlawry barbarism Why? Politicians are civilians Prevents peace What did Booth think?: think that he is killing a tyrant Southern tradition of assault, dueling, combat

Slavery

--so much on this--- Southern Justice feb. 14 North started abolishing slavery and changing South is holding on and growing slavery, becomes richest part of the United States, turns their political culture reactionary and defensive, they protect the slaveholder power, reject mass education, paternalism, and extend slavery as cotton prices are higher Life Society Slavery and Hierarchy Slavery In 1840: 2.5 million enslaved persons in the US 378k free blacks 17 million people in the US totally And not evenly distributed Southern economy in a real sense depends on this labor, half of SC population is slaves Hierarchy Planters style themselves as aristocrats, like lords and ladies, and expand the institution of slavery make it hereditary, so much wealth make like castles, and they fight duels Estates Chivalry Femininity- romantic notions of white womanhood, pure and need to be protected hegemony Many don't own slaves, but believe they will someday.. So many poor whites, they do not benefit from slavery yet they are voting against their interest they are voting these rich slave owners into government. This society gives the poor whites status because of their skin color so you will want to keep it. And offers fair amount of social mobility if you are white. Cotton is booming and people are moving into western territories and they are finding wealth. Ex. Alexander Jackson was poor and worked up and owned huge house. This society profoundly shapes the criminal justice system, reflects the plantation aristocracy view of the world Culture, Fear, Religion and Vice Fear Slave rebellions Gabriel Prosser (1801) Denmark vesey (1822) Nat Turner (1831) Clamp down on Slave rights Free blacks Literacy -- the people incharge of the rebellions are literate so they convince they are reading about abolition and this freedom of reading is a problem Religion Moral reform weak in the South: the north is working for criminal justice, education, recreate public institutions and law to try to better American society, good works will get them into heaven and they are rebuilding and making their country better, improve character by uniform police officers::: In the South not so much. South is Just as, more so protestant than the North, but they do not work on bettering the society. Women in the North liberated by farm labor in the cities so had time work on charitable causes, and in Southern society that's not possible for women they have much housework and responsibilities. And Parishes are run by ministers who are chosen from the parishes and people who place the ministers there are slave owners and they don't want to be eventually talked to about slavery. Focus on individual repentance: individually behave better Defense of slavery: corrupts the churches so fully, ministers look to the bible to justify slavery.. So not trying to make an education system but rather defending slavery Margaret Douglass case: women trying to reform, but in the South not the North. She wants to teach children, because there are no school for free black children to attend. She wants them to live productive lives.. To an extent. But she wanted them to be able to read the bible and their religious texts, Protestant religion stresses your individual understanding of religion and the Bible. Mayor says you cannot do that, law demands you cannot teach free blacks. She is not an abolitionist, she has owned slaves, not opposed to slaveholders (may be part of her defence) Saying these children are not brutes, they are humans with ability to do good and evil racial liberal for her time and place and she thinks mixed race are treacherous and she knows white men are raping and the children she is opposed to. She is racist, but complicated and reflects time and place. Jury decides she is a nice woman not seeming to do any harm trying to help these people get right with the lord decide only fine a dollar. But the judge overturns that, worried free blacks reading they might read abolition and maybe Declaration of Independence, gain knowledge and reject the system you are supposed to believe, and worried if don't punish her other people will commit this crime. He is aware of the religious argument, trying to turn them into good Protestants. Bible reading isn't the key to get into heaven, most of our society cannot read because there is no public education or education in the churches, big chunk doesn't know how to read so it's not the key to get into heaven... logic going in opposite direction not in favor of more education. She gets a lighter sentence because she is a woman, they celebrate white womanhood, see her more tender Sin It's an honor culture, publically out defending your purity of family and wife. Distinguish between public and private identity. Public: pure and noble and righteous. Private: insest, rape, child with a slave, dirty deals and origins. And we see this in the Southern politicians, Thomas Jefferson: long term relationship with 14 year old slave etc. Slavery undermines Protestant values: values are the Protestant work ethic through work you get more pious, working hard gets you right with the lord and if you're successful you are a chosen one to go to heaven. But the people who do the work are the slaves, so reverse effect work is not noble, it's what you do low in society. Work ethic Sexual continence: lots of slave rape going on in the society, men have disproportionate amount of power over women Leads to vice Gambling: intense gambling culture in this period, with market revolution increase in this. 1839 riverboat gambler George Devol, ran away 10 years old, 14 years old could stack cards and becomes riverboat gambler and dresses like a planter and wanted to hangout with them dressed as a rich fool people thought they could take his money but no. Olmstead: reporter sent to the North, he is antislavery, talks about them as gamblers, and he's talking to these people, planters who talk about their slaves and their institution, and they talk of slaves as commodity who's price goes up and down and one man was talking about how he had bad luck his slave died. Sense of their ruthlessness, cotton is like gold to them they just want to rip the trees and build cotton on cotton on cotton. Everybody is in the business all gambling on the success of this commodity. Prostitution: slavery corrupts family life for both sides. Slave women are vulnerable and free black women have limited options, and many become mistresses to white men "Quadroon" Law, ¼ African descent, woman appears to be white but is enslaved. So free and enslaved have these balls where they go escorted by moms and men court them and sign contract with them to be their mistresses, money and a cottage but could never marry and sometimes this could go on for years and these men would have two families. And this is so against the claim in their religion. Stowe: abolitionist, but not inaccurate. Lead character Casey: she's a slave as "quadroon" born a slave but doesn't know brought up in luxury with a father who loves her and her father dies, she meets a new man she loves him has babies and wants to marry but he cannot. Friend comes to town in gambling culture, and gets the man (in love with Casey) into debt by taking him out gambling you can forgive this debt if you give me your partner, now she is upset. Then this new man sells her children because her son is disobedient, then sold again and has a child and she poisons the child go to sleep and never wake up. Intent of the story is not nearly to show the tragic situation of mixed race slave but to show how slavery destroys family life, emotional loving relationships don't exist because always corrupted by this power, power of master over slave, power to even sell a child. Not only destructive labor source but it's destroying religious values Americans claim to believe. Turning whole south into brothel, destroying love. II. Government Politics Planters hold all offices- the best men represent, not a realistic representation of the population, they are wealthy planters. Elite planters run the show, they have a distinct advantage with the ⅗ ths clause. Says each district gets credit on voters but also the slave population times .6, get credit for those people even though they cannot vote themselves. Used change as bad, conservative, and don't want to reform Deference Example: attack on the Post Office Charleston, SC 1835: seize abolition newspapers people break into the mail and destroy them, pass laws to prohibit speech any anti-slavery speech, because 1st amendment only applies to federal government rn so states can restrict wars all they want. Tampan support anti-slavery movement, financial background of anti-slavery so South wanted them to be put under arrest. Create Gag Rule in states and ban anti-slavery in Congress See reform as leading to revolution Fitzhugh : reading. Notion of government: government isn't about consent reform will bring revolution, first vote to ordinary working people then free blacks and women and get rid of slavery and that's chaos, it'll be anarchy and after that the society would be way more hostile. Many people don't have the right to vote, we weren't a democracy from the beginning, not democracy at all. Solution: democracy is a bad idea not about consent it should be about force., make people do the right thing. He doesn't want that society he wants a forceful society, product of society that defends the status quo and do not like change. Do not want people engaged, want people to continue to do their job through force. Law Law of Slavery: Paternalism: enormous power to masters, less to the state the power to discipline than to the master. Master as the "parent" to the slave, punishments not to the court, that were physical and the people overseeing in the field could administer physical punishment. Private sphere Corporal punishments White supremacy: slaves cannot travel in groups without a white administer, just so much power to every white person to punish slaves as if they were the judge or prosecutor. Enlists poor whites Slaves: had to follow the law, could be defendants and victims in the court, but special restriction, could not run away, disobedience, no threats, disabilities on slaves and free blacks-- the white could still take their things from them. Free did not really mean free and sell free back to slavery. Defendants Victims-- sticky, complicated, many cases whites could hurt blacks without any punishment at all. Did try for murdering blacks but blacks could not sit in the court and say who it was so really low convictions. Made it hard for slaves to defend against an attack. Law so much on the side of the master almost impossible to make any claim on criminal law. Criminal Justice, Policing, Courts, Procedure, and Punishment Slave patrol- do not have an official police system, but have these patrols, pick up runaways and discipline unruly slaves, kill the dogs they own. Justice of the peace: corrupt, jacks of all trades, political appointees, charge and charge people with minor crimes, without basic rights to the defendant. Loose procedures : not given right to testify, have counsel, have peers Few prisons: south didn't want to waste money on that Whipping: kill, whip, punish and discourage crime without disabling them. Vigilantism North and South move in opposite directions with regard to violence Allowed gangs and mobs to kill people in face of murder or rape, lynching save the cause of a trial.. Meanwhile North is trying to reign this in try to control violence, bad. Save cost of a trial.... n dueling, South was confused most got position because they are strong 1861: civil war, main reason of the war was divergence north and south on issue of slavery, one more urban, industrial and more free in the North, criminal justice system beginnings of things we would notice today. South not so much. Uses pattern of the source to protect slavery. Debate what system is the right system. The slavery Divide Secessionists: VA and KY Resolutions (1798): the alien and sedition acts are a series of laws, passed by president John Adams at the end of the eighteenth century seeking to restrict the public from sympathizing with the French Revolution or anyone who criticized Adams's policies. But these resolutions nullified the Alien and Sedition Acts led by Thomas Jefferson and James Madison. Showing that the federal government had no authority to exercise power not specifically delegated to it in the Constitution. Dred Scott Decision (1857) US Supreme Court ruled (7-2) that a slave, Dred Scott, who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to freedom; that African Americans were not and could never be citizens of the US, and that the Missouri Compromise of 1820, declaring free territories west of Missouri and north of 36,30 was unconstitutional. War and Reconstruction Breakdown Secession Total breakdown of respect for law and elected officials, would not respect the election of Lincoln even though he said he wouldn't touch slavery in the South they knew it was up so defend their rights to owe people property, secession was contract between states they have the right, own federal constitution and own president who was Buchanan at this moment. Fort SUmter 4/4/1861 act of war, total breakdown of American government Southern Disorder Slaves withhold labor Masters are in the army; self emancipation, simply leave or refuse to work, white men in the army, slave patrols stop Escape to the lines- escape to Union soldiers, call them contraband of war, seizes them so they can be free so more slaves run to Union lines, string of refugees and Lincoln capitalizes on this No slave catchers emancipation Jan. 1, 1863- finalized his emancipation proclamation, freed the states in the rebellious states.. Right where he didn't have the power, officially make the war about slavery not about bringing the union back together, this is over we are ending slavery, does not free slaves in his union because he needs the support of those people and to stay in the union, kentucky, tennessee Total breakdown of the legal system in the south, voids the property claims of Southern whites, ends slavery as an institution in the US

Daniel Sickles

-Military occupation: Sickles one of military commanders in the South. Revenge Killing: Sickless shoots Key, 1859 Sickless NYC diplomat, Key US Attorney district of, much relations to high up people. Sickless married Teresa Sickles 15 years old young but cultured from high family , Sickles cheats on her a lot with prostitute White and brings White on English diplomatic journey and introduces her as his partner to Queen of England. Teresa Sickles has affair with Key, (key had many affairs) and Sickles got anonymous letter that his wife having affair with Key, Theresa admitted to the affair, Sickles rushed toward Key in the street and fired but missed, used second pistol, fires third time killing Key. The Unwritten Law: -The law was a lot more lenient on men to act in "defense" of their family honor Courts acquit men who murder their wives' lovers.. Perceived as self-defense, because they are destroying my family and invading my household, catch is: you can only do it when surprised and when the insult is fresh (not like 10 years later) discourage men from seducing other men's wives Self-defense extends to the family, home, and property Sickles jury: shows this prevailing belief, this Harper's magazine, that Sickles was innocent and within his rights to shot key because he was sleeping with his wife, most natural revenge, it was his right and good for the public that seducers hurt. But North and South are different from each other right now on violence so attorney of Sickles went and said he acted in a moment of insanity (first legal argument for this)... and the prosecutor tried to say that wasn't true he cheated on his wife all the time, but the court would not let him do that because to keep up Sickles reputation (double standard)

William Bradford --get reading--

-Plymouth Colony Governor -He saw the purpose of the colony was want to make money but the main purpose is to escape religious persecution, so settlers and rules are different than in Virginia. -reading William Bradford- -In the reading of Thomas Granger they catch this indentured servant, teenager, having sex with animals-- beastiality, catch him and want him to confess, to punish him but want him to get right with the world. -Governor: William Bradford Theories -Governor: William Bradford theories for why this happened, these damned immigrants who are not Puritans servants aren't religious and commit more crimes, idea that they are living in such close quarters we can see crimes going on perception of sinfulness is much greater everyone can see what's going on, they are out in the wilderness near Native Americans "savages, heathens" savage land is affecting us and making us misbehave. -Satan: wilderness argument Repression -Immigration Key Part: Bradford is trying to figure it out Why Crime Exists, starting idea of criminology, thinking, early attempt to explain crime as a phenomenon Thomas Granger: Bradford is sad, the kid is young, he screwed up and did something wrong and he has to die and the animals have to die, he is sad. Kills him because God says. --believed bestiality would make unholy births sign god was angry and would punish them.

Dangerous Classes

-pre-civil war period, in antebellum period, the Modern Police because there is an increased emphasis on private punishment, to "reform" creation new penitentiaries and new rights, leaders are having to react to this growing violence: professional police force, they are trying to address the crime problem. Dangerous Classes: -Workingmen development of a new working class who moved to the city created by the market revolution and they are preserved as dangerous, also by forming gangs, forming mobs and acting violently, using fists to influence other people. Gangs to backup political positions. Politics Saloons Gangs Violence ;; riots, rallying nativists Astor Place Riot, 1849 people killed over Shakespeare theatre play because they had an English actor, so nativist. The Dangerous Classes: -criminal justice system serves a social purpose, how it tries to shape society and now is working with a new working class, as people participate in politics it creates problems, like sporting conflicts, goes back to the ideas of American Revolution that depended on mobs seeing that problem continue in antebellum era (era before the civil war), potentially corrupting the body politic. -there is a new working class from economic transformation: market revolution from artisans to wage laborers -Migration There was a chronic labor shortage, so would accept large number of immigrants or slavery. These immigrants primarily in this period from Ireland. They congregate in centers that themselves became famous as slums, characterized as poor, crime infested, violence, alcohol, rioting, neglected children, prostitution, dirty. So have children so close to alcohol, violence, prostitution exposed to all of this early, and this an environmental theory of crime, children are exposed to these behaviors and will be willing to engage in this behavior. But it is a theory of where crime originates. Reading on the Old Brewery: people who care but are seeking to "uplift" the poor, condescending. They know "good people act like them" These neighborhoods at the end of the day do have lots of violence 1836 when opened the Illinois Michigan canal, large violence along the canal between working men and them, Irish Catholics versus protestants. -most early 19th century wage earners are not craftsmen. Development of heavy labor class, emergence of common labor. Mostly done by immigrants who find themselves in shanty towns to dig canals and then in cities. -with the expansion of universal white male suffrage transforms politics because ordinary men can vote even with little or no land.. this mass participation was hoping it would channel violence into productive means hope to reduce mob violence but the elections actually intensify .. the problem was that livelihood depended on winning elections, so the stakes were higher and that brings violence. A. Gangs -hat engage in politics, good societies, so the separation of conspiracy groups and not is hard. Work to channel working class dissent Bowery B'hoy nativists gangs, Whig Party, different groups allied themselves with different political parties. members Mechanics, laborers, clerks, apprentices Purposes Politics, firefighting, ethnic fraternity, sports battles Astor Place Riot (1849)-- fight over which shakespearean actors the gangs loved one Englishman and the other was American, get mad the Englishman is performing so they start protesting and then it gets out of hand and violent, so nationalism, Great Police Riot (1857)- NYC restricts alcohol but the police refuse to enforce that state law, so they need a new police force to replace, riot between municipal and state police and the gangs ally with one side. Dead rabbits riot (1857) B. Mans World -Social life in saloons- these men's worlds are in alcohol and world's where women are excluded, alcohol everywhere, society much drunker than anything today. Half pint of hard liquor a day. Men often paid in liquor, paid on the job, and if not they riot. Drink half-pint of "white-eye" per day Saloon Keepers develop ties to local politics - movement of the gangs tied to saloon keepers and saloon keepers seek office to protect their saloons and want the gangs to help them assure political spot. C. Sporting Life Tie between boxing and politics-- particularly important in England, America, and Ireland. Often free for alls at this time, do whatever it takes, 1830s got some rules, clean it up and more sportsman but still bareknuckle activity until the other person collapsed. Many people went to see this and spirited the age, individualism ideals, and they became connected to Jacksonian politics running on nationality disparities. Nativists versus immigrants, first sporting event transmitted on telegraph is a boxing match Law bars fighting and gambling Land "sports" to seek patrons "Shoulder-hitter" are useful on election day-- shoulder hitter beat up someone who was voting for the other person, both parties engage in this. Protect ballot boxes Intimidate rival voters Unseemly group behavior is boxing. At the center of the developing mass politic in America, how a behavior that so many people hate and make illegal is at the center of this new world. Violence A. Political -John "Old Smoke" Morrissey William "Butcher Bill" Poole Reading: morrissey is Irish Catholic, Poole is a butcher owning a saloon and is from jersey Protestant nativist who believes americans have the right to vote and that's it. Morrissey comes into the saloon and fist fight and Poole wins which is not okay for Morrissey the champion, begin taunting each other. A drink gets thrown in the face, Baker shoots Poole: Baker: Welsche immigrant policeman and kills him. (immigrant police officer sent to police the immigrant section of the town) Baker is off-duty cop. These both Morrissey and Poole are big political participators, and the Police officer all are worked up in this street boxing toughness. Morrissey and Poole are two "shoulder-hitters":: ethnic tension, immigrants and native born. And that is the paradox of America, most immigrants but still always has this anti-immigration thought. Also politics is reviewed at every point, violence implicated by the law and implicating the law people committing the crimes are the leaders of political factions. B. Riots -Riots in Philly Pennsylvania: Europe was racked with religious wars Catholics versus Protestants and in America it is a little less but still has this problem. Philly dominated by Protestants and there is a Catholic Church there they don't like and they write how much they don't like it in their nativist newspapers. Anxiety Catholics getting involved in politics, and worried that Catholics would take the bible out of the school. Disagree on what children should be taught and disagree on the bible to be read in school. There is a rumour that Catholics are stockpiling arms in the church, they demand to see the arms, more threatening makes Catholics need to take up arms in self-defense and both sides getting more anxious. The mob control the judges, police, prosecutors, so democracy has the affect to protect the rioters who are the majority. Story published by the pennsylvania freedmen abolitionists, who care about the catholics with their church destroyed, but really are worried about that people do not really have the freedom of speech right now, abolitionists have been subject to mob violence too, everytime they speak they will have things thrown at them and people picketing and threatening you. If people attack you on that there is no free speech for you, so if we do not reign in this violence we cannot change politics on the issue of slavery because everytime you speak out against the majority how are the minority ever going to get recognized without being shut down. The judges working for the majority. Political system that protects the violence, the mobs, the harassers. Morrissey eventually becomes a congressman started Saratoga race track while in Congress. Fear is a tool to ride all the way up to the united states capital. Give top jobs to rioters. Often see politics with violence. Rise of American working class gaining access to the political system, bring ordinary folks into the electorate. But that mass participation has connection to a mob violence. We will see people afraid democracy allowing thugs controlling American government. Part of it is rise of professional criminal justice system and police force.

Civil Disobedience --Thoreau reading-- and there is a whole lecture named after it

-the refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest. -Henry David Thoreau wrote on Civil Disobedience Mexican War, 1846-48 Manifest Destiny drove America 1848 Treaty of Guadalupe Hidalgo- establishing the Rio Grande as the US-Mexican border, Mexico recognizes the US Annexation of Texas and agreed to sell California and the rest of the territory north of the Rio Grande for 15 million. Conscience Whigs: A New England- based, Mass centered faction of the Whig Party, the Conscience Whigs opposed the annexation of Texas and the Mexican War because they feared the extension of slavery to new territories would endanger the republic. What is Thoreau's critique of democratic change? Reading That he is determined not to be part of a government that supports slavery, he won't pay his taxes or support the war if it just mean admission of more slave states.

utilitarianism

... under lawful revolution Utilitarianism -Purpose of government is to maximize happiness, Puritans overthrew the King in English Civil War, so growing unease of tradition and traditional authority. -Idea that government should promote the interest of the people, the wellbeing and the happiness is utilitarianism.. Which the Puritans did not believe in, people need to live according by God not by happiness, maximize the happiness of society is a government they believe. All these ideas in the air also with the Reform Impulse Utilitarianism: Government should seek to maximize happiness, minimize unhappiness Jeremy Bentham fought for utilitarianism, Opened a school for people who weren't just part of the Church of England. Bentham reading: talks about making a new penitentiary or house of correction. Purpose to reform, repent one's sins and be reformed. The Panopticon - circular facility, or semi, prisoners in the cells and tubes lead into the facility with mirrors on the end so people can see into the facility, reduce the need for more jail keepers (part of jail reform in this society is to save money, they don't have much money) but also created a philosophical idea, idea that people imagine they are being watched. Prisoners control behavior for fear of being seen, caught (go speed limit possibility of being watched) so he is replicating the religious aspect that God is always watching, it doesn't matter if there is a guy in the middle watching you, just create idea you are being watched so stop you from doing things. Cut costs, fewer inspectors:: want to save money convince being watched even if there is no one in the center at all Model: omnipresent GOD Recreates religious fear

Fugitive Slave Act

Fugitive slave act Part of the Compromise of 1850 Fugitive Slaves Act of 1850 seeks to force Northerners to be complicit Allowed for the capture and return of runaway slaves within the territory of the US, 1850 laws added more provisions regarding runaways and levied even harsher punishments for interfering in their capture. North is pissed..

14th Amendment

14th Amendment, 1868: by far, most important piece of legislation since the Bill of Rights really read it over and understand it: US Citizen is anyone born in the US, excluding Native Americans, citizen in state and USA viewed as dual citizenship. (build national citizenship) Privileges and immunities Equal protection: no law can specifically attack one group, or place one group above another, laws are equal for everyone, South needs get rid of their Black Codes, you cannot do that cannot specifically target one group. Due process: you get a trial Attempt to create civil equality in the US

Craft Production

1820-40s kind of reform time, changes in economy change the criminal justice, new ideas of urban poverty and urban working class Craft Labor (production) -Skilled work, usually in cities or towns which follows pattern of upward mobility Local family firms Upward mobility-- begin in their adolescence Apprentice: bound laborer, parents signed a contract to do whatever the master said and they must feed you and give them place to sleep but could punish you or make you leave Journeyman- get the mysteries of the trade Master: if you get enough connections; Ben Franklin is the most famous apprentice who worked his way up; mark twain too worked up through apprentice and by early 19th century most wage earners were not craftsmen.

Civil War

1861: civil war, main reason of the war was divergence north and south on issue of slavery, one more urban, industrial and more free in the North, criminal justice system beginnings of things we would notice today. South not so much. Uses pattern of the source to protect slavery. Debate what system is the right system. War and Reconstruction Breakdown Secession Total breakdown of respect for law and elected officials, would not respect the election of Lincoln even though he said he wouldn't touch slavery in the South they knew it was up so defend their rights to owe people property, secession was contract between states they have the right, own federal constitution and own president who was Buchanan at this moment. Fort SUmter 4/4/1861 act of war, total breakdown of American government Protest Everywhere the legitimate rule of law began to fall apart respect for the law dwindled NYC Draft Riots, 1863: ultimate coercion, all Northerners serve except those who paid substitutes, many locals are Democrats who weren't entirely into the war, and people didn't like giving power to the Democratic party in control of the White House, and the whole time White House and Lincoln needs to keep in mind reelection. NYC is also racist and sympathetic towards the south, they get their business and cotton from the South. Also tradition of rioting had police force but still rioted. Destroyed property, attacked free African Americans 1,000-10,000 fatalities -- this is the put down of this riot.. In the north.. Breakdown of law and order. Southern Disorder Slaves withhold labor Masters are in the army; self emancipation, simply leave or refuse to work, white men in the army, slave patrols stop Escape to the lines- escape to Union soldiers, call them contraband of war, seizes them so they can be free so more slaves run to Union lines, string of refugees and Lincoln capitalizes on this No slave catchers emancipation Jan. 1, 1863- finalized his emancipation proclamation, freed the states in the rebellious states.. Right where he didn't have the power, officially make the war about slavery not about bringing the union back together, this is over we are ending slavery, does not free slaves in his union because he needs the support of those people and to stay in the union, kentucky, tennessee Total breakdown of the legal system in the south, voids the property claims of Southern whites, ends slavery as an institution in the US II. The Laws of War Civil Liberties Reading: Francis Lieber General Rules of War, French man came with this, some lawfulness in chaos and disorder in law. "Lincoln's Law" although he never confirmed that. Marital Law: when military rules a space they can rule it and run the show the general runs the show. Suspension of Civil Law with the occupation of an army. But Lieber is saying the army occupying needs some rules too or else bad things will happen, don't abuse your power, war is not anarchy. Idea there are people who are not components and don't kill them. Civilians should not be killed in war, war should be confined to soldiers. Crimes have to have punishments by court martial, army runs its own courts and this has different rules than the civil government. No cruelty, do not believe in Revenge. Limit revenge and constrain the occupying army because the cycle of violence, if you don't stop avenging yourself the other side won't either if you don't stop the cycle of violence you will always have war, looking at how peace would look like. Cannot assassinate, want to do everything they can so that peace can be attained in the end, if you kill the leader you won't get peace you want someone in charge to bring peace and sign the peace constitution. ... three of his sons are in the war, one son is in Confederacy and two are in the Union, so he is making these laws to allow order to form later, behave well in the fight showing his own personal interests.. Problem with North and South: what do you do about freedom? This is a war that is going to kill the nation or keep it together shakey. States are divided too, (except most NE and deep South) Copperheads Northerners who sympathized with the Confederacy-- division in the States, many Copperheads in NY, some candidates are running as Copperheads too.. Looks like they would undermine the war effort and impede all you sought to gain in fighting the war. Civil Liberties-- all being contested. American Bastille- reading Military prison in France, kept the political dissenters during French Revolution, Noah was lawyer, journalist, and in the army, he had been a democrat and became republican serving in US army but leaves because he got sick. He's arrested thrown into military prison, not told of offense and not given a trial.. Showing suspending of rules long time established in the US, he cannot get counsel, holding him against all American rights. He is son of famous democrat but he fights in US army in Union Army, so political stunt his dad was famous journalist democrat. In jail he reaches out to a journalist and they send word back to his wealthy NY family, so they release him because the family makes big fuss about it, conditions: pay bond to NY state, into a holding account and if you violate the bond they take your money, huge incentive to behave well, he is not given clothes, money, has to find his own way home. Violates basic rules in the US, but this is a time of war. Worried against dissent on the war effort and civil liberties threatening to the war effort. Both sides suppress free speech, habeas corpus, civilians could be tried in military court.. Going against values.. Both sides adopt these policies Habeas Corpus: right to know why you're being held, say what you're being tried with, this was a right all the way back given in Magna Carta and it's in the Constitution itself, fundamental and basic, heart of government. Speedy trial Jury of peers Military Courts Lambdin Milligan: a famous copperhead, head Knights of the Golden Circle, failed get much traction in election so resorted to armed uprisings. Raid prisoner of war camps and arm them, arrested without warrant and put into jail in military facility. Lambdin is a civilian tho, he is not a military combatant should not be trying him in military courts and in regions that are not currently at war. Keeping civilian in an area of not military control, and Supreme Court rules with Milligan that they couldn't do this. Lincoln realized Milligan case was strong and would not execute him. Irregular Warfare-- again breakdown of law and order Guerillas- guerilla warfare they hide and ambush, take advantage of their knowledge of the landscape, wait for you and attack you. Rise of guerilla warfare an irregular warfare, especially on war of citizens (ex. kansas) considered even at the time uncivilized and unmanly warfare but everything broken down. Bushwackers: Lawrence Kansas, women and children are being murdered in war in Kentucky, hiring Gorillas, live off land forage, raid, rob and kill civilians, rule of law and humanity breaks down. Quantrill's Raid Massacres Fort Pillow: kill all people, they did not accept their surrender and did not put them in jail, murdered the African American soldiers, more of racial thing. Confederacy never arms African Americans and insulted the US army was arming slaves to fight their masters this was criminal so they retaliated, how dare you betray your masters and so they murder them. Retaliation Lieber said was bad happened. Total War-- North turning to irregular warfare, attacking their very way of life so they lose their will to fight, kill their way of life. Sherman's March; 60 mile wide destruction, march to sea, burns down ⅔ of the city, destroys the railroad tracks destroy their supply line and their economy. It destroys their economy and society so that people will give up the will to fight. Even punish the civilians because you want them to start demanding peace as voters. Destroy the ability to fight Prison Prison Camps: life in the prison camps were not good. 56,000 POWs die, 9% of all deaths Worst Camps: Andersonville (GA) 13,000 out of 45,000 die: from disease, malnutrition, disease, overcrowding Elmira (NY) 3,000 out of 12,000 die: similar recurring in the North although the degree is not as great. Inattention of humanity. Not sharing food POW, Belle Isle Prison, 1864 Assassination This shows the largest breakdown of laws of society, and at the time many people in South did not like him for emancipating Slaves and some Northerners did not like him. Booth killed him, who himself was an actor that's why he got backstage: does not challenge to a duel, just shoots him in the back. Dueling was assuming that the two were equal, in the back saying Lincoln was beneath a duel This was unheard of, only one president before had even been shot at, Andrew Jackson, unprecedented and in violation of Liber law What does Liber say?: not how a war should function, lacks US ability to negotiate peace. Murder Outlawry barbarism Why? Politicians are civilians Prevents peace What did Booth think?: think that he is killing a tyrant Southern tradition of assault, dueling, combat

Walker David ---need more----

Abolitionists In 1829, David Walker calls for an immediate end to slavery: no colonization

Detective

American Reform, Birth of Police: Old Regime: Thief taker- not real common in US, mostly in England. But "private detective" hired when someone took your stuff and was given a reward. Legendary thief taker: Jonathan Wild the problem was his method for getting information was to have close relationships with all the thieves so he can get your stuff back he would hire thieves to steal stuff and would get it back for you, so master criminal, chief of crime. English Precursors: -US behind in the industry of high cities and industrialization while English was the best at this, they began engaging in crime before. Sir Robert Peel pushed for London to found the metropolitan police. Read about this in the reading Gazette: features detectives and regular officers "patrol men", they don't wear a uniform because they need to sneak around, trying to solve crimes. Detective function separate from policing function. Seeing systemization with badge and uniform, responding the the public. :: Division Detective function separate from policing function. Centralization Police used to be responsible to their particular ward, neighborhood, now there is greater central control on what the police do. They have rules for their job. A code on how to behave, things to do and not to do. D. The Detective: -Deal with the problem of unsolved crimes, police in secrecy with disguise, they play the criminals game and attempt to understand the criminal mind Most famous: French detective Eugene Francois Vidocq Reading on the detective: wealthy family has a burglary, they suspect that it's the servants, but the detective comes and tells them otherwise, he goes in and notices it's a "cat-burglar" maybe servant tipped them off, but his ability and skill is deduction: he knows a lot about crime and criminals and strong logical deduction skills which is key to detective. "The Purloined Letter": Poe is inventor of the mystery, creates mystery detective story: a high official in government had a relationship with a woman and the letter has information in it that will get them in trouble; first police search for it and use all of the tools of science but Poe is arguing for deduction and logic is the key and science fails, what works is getting into the mind of the criminal. Invented the idea of diversion, has people yell fire and commotion in the street, so the detective goes in and gets the letter hiding in plain site. Disturbing to us because he is a private detective he is not by the government, he did not get a warrant he tricked the guy and broke into his house and got the letter. Potential to be problematic they are given lots of power and authority that can be abused. Invisibility: disguise Profiling science

Ann Hutchinson

Anne Hutchinson; In Mass Bay, woman holding bible study classes in her house contradicting official religious beliefs of the governor Winthrop, and the future governor is going to her house and hanging out so this is political and religious and gender all coming together. She is making people mad, she should not be preaching at all, not contradicting governor, and not to a mixed men and female, and not with future governor in attendance. Charged: disobeying commandment, dishonoring her mother and father, she is disobeying his law and that defying the governor you are defying your father and your other big father: god. Because that's the way authority flows. Anne disagrees, she is willing to go against the governor at a time when very few people would do so, she thinks Winthrop is wrong, she says "tell me what I did", (now fundamental to criminal justice in America right to habeas corpus need to tell the defendant what they did) Puritans believe you can determine what God thinks by looking at the Bible and reading the bible, so it's not okay Winthrop telling her the bible (that's how they go against Catholics) she is insisting these charges are just you wanting me to do what you say, she is banished to Rhode Island.

Bill of Rights

Bill of Rights (1789)-- came later. Bill of Rights Filled with rights for the criminal defendants, contains rules that are part of public order 1st - assembly, protest Second- right to bear arms Fourth: search and seizure Fifth: self-incrimination, double jeopardy (cannot try someone twice for same thing) Sixth: speedy trial Eighth: No excessive bails, against cruel punishment Clearly concerned with abuses of criminal law and criminal justice, protecting criminals restraining prosecutors

Panopticon

Birth of the Police: A. Prevention: -The panopticon Old system was just catching people who already committed crime. Now seeing trying to prevent crime: Reading Chief Shadows on how to prevent crime: Secret police Chase the criminals out of town, literally shadowing criminals following them around and harassing them to leave town Panopticon effect that you are always being watched and someone will see the crime that you do "In many instances they become alarmed unknowing they might be picked up by the shadows and leave the city" reflects disrespect for civil liberties to us. Government should seek to maximize happiness, minimize unhappiness Jeremy Bentham fought for utilitarianism, Opened a school for people who weren't just part of the Church of England. Bentham reading: talks about making a new penitentiary or house of correction. Purpose to reform, repent one's sins and be reformed. The Panopticon - circular facility, or semi, prisoners in the cells and tubes lead into the facility with mirrors on the end so people can see into the facility, reduce the need for more jail keepers (part of jail reform in this society is to save money, they don't have much money) but also created a philosophical idea, idea that people imagine they are being watched. Prisoners control behavior for fear of being seen, caught (go speed limit possibility of being watched) so he is replicating the religious aspect that God is always watching, it doesn't matter if there is a guy in the middle watching you, just create idea you are being watched so stop you from doing things. Cut costs, fewer inspectors:: want to save money convince being watched even if there is no one in the center at all Model: omnipresent GOD Recreates religious fear

Black Codes

Black Codes, 1865: 13th amendment really destroyed their way of criminal justice, they privatized criminal justice, master gets ultimate authority, well now slavery is over so criminal justice system needs to be created in the South and create one. Create jails and jail fields. So pass Black Code reading: ban interracial marriage but legitimizes marriage for African Americans, create labor contract to replace non contract slavery but also beginnings of coercive system of labor, replicates slavery through contract and legal, sign it if don't work the full year they can arrest you, bring you back or force you to work in prison farm or contract labor for the state. Outlaws vagrancy: idleness, not allowed to not have a job, have to have visible means of support if don't they can arrest you and make you work. Stops enticement: worried the North will bring the free people to the North factories and the South doesn't want that to stop their labor force so they outlaw it. Poll Tax: tax to vote. Purpose to recreate slavery under new terms. Coercive contract system, make certain African American labor won't go northward or go town to town seeking better jobs, if do could go to jail and coerced to labor there. Riots and Massacres: reaction to Black codes and Johnson reconstruction plan was unpopular, he was a Southerner, he hated slave owners but hated African Americans. So plan subjected free people to conditions almost as severe as conditions under slavery which was very unpopular. Memphis: rioting going on, protesting, conditions lead to new government and new congress create radical reconstruction. 14th Amendment, 1868: by far, most important piece of legislation since the Bill of Rights really read it over and understand it: US Citizen is anyone born in the US, excluding Native Americans, citizen in state and USA viewed as dual citizenship. (build national citizenship) Privileges and immunities Equal protection: no law can specifically attack one group, or place one group above another, laws are equal for everyone, South needs get rid of their Black Codes, you cannot do that cannot specifically target one group. Due process: you get a trial Attempt to create civil equality in the US

Boston Massacre

Boston Massacre (reading) Start making rules for political violence and anger and this is the first example. Four Killed Soldiers Tried John Adams defends Taxes imposed, colonists don't want to pay and have differences with tax collectors so British send troops who most live in people's houses and Boston is even more annoyed. Tensions between working men and the troops, and the ropemakers and soldiers had tension keeps coming forth in forms of challenges, challenge to a boxing match and started bubbling over this night. Colonist started throwing ice balls, and people get shot. Trial: another form of participation and early democracy, body of citizens chose if someone is guilty; a form of the rule of law is how specific it is, protection for the victims, specifics is a protection, charge someone with specific is what defendants want, vague charges are hard to disprove. Shows it's a society much more serious and intent on giving protections to the accused than had existed before. Cannot just charge someone with vague crimes. Attorney is John Adams; give them the best chance they can, Adams himself is an avatar for the principle of the rule of law in America, everyone deserves a fair trial and everyone deserves the same protection of law. It doesn't matter what your political thoughts are, the law is the law and the facts are the facts and Adams says that. And the facts are, these soldiers were attacked.

William Poole

Brawling: working class: Poole versus Morrissey: Violence in Politics: Political John "Old Smoke" Morrissey William "Butcher Bill" Poole Reading: morrissey is Irish Catholic, Poole is a butcher owning a saloon and is from jersey Protestant nativist who believes americans have the right to vote and that's it. Morrissey comes into the saloon and fist fight and Poole wins which is not okay for Morrissey the champion, begin taunting each other. A drink gets thrown in the face, Baker shoots Poole: Baker: Welsche immigrant policeman and kills him. (immigrant police officer sent to police the immigrant section of the town) Baker is off-duty cop. These both Morrissey and Poole are big political participators, and the Police officer all are worked up in this street boxing toughness. Morrissey and Poole are two "shoulder-hitters":: ethnic tension, immigrants and native born. And that is the paradox of America, most immigrants but still always has this anti-immigration thought. Also politics is reviewed at every point, violence implicated by the law and implicating the law people committing the crimes are the leaders of political factions.

Cesare Beccaria

Cesare Beccaria Leader for reforming the jails, from Northern Italy, decides write a work on crime 1764, "On Crimes and Punishments" everybody read him then. To understand him you need to understand three main ideas: Free Will-- humans have free will, have the ability chose right and wrong Rational manner- humans can be rational Manipulability- if we pass good laws we can convince people to do the right thing, you were creating laws that were irrational, crime is not from the sin but combination of selfishness with irrational outdated laws. So many laws keep us from doing what's in our interest but deemed immoral: example: any law against victimless crimes: sex to people they aren't married to, so get rid of that law. Goal: get rid of these old laws Have radical potential, get away from torture and irrational punishments, they don't work. Push for checks and balances, separation of law and fact. Right to choose one's jury, that the criminal justice system should be a system itself.

Larger Beer riot

Chicago Lager Beer Riot, 1855: close salons on Sunday's was being advocated, which was the only day workingmen could go to the tavern that's the one day they have off and tavern keepers do not like this. Boon led this, he is a nativist and know nothing, so German and Irish immigrants not happy about this newly proposed laws. They see the corruption and unfairness, mass protest, police try to stop protestors and shoot them, represents ability police do enormous harm and suppress protest. Class Class control: this new system comes from working men want there to be control over people, become protectors of the public interest in regard to poverty, urban safety net for urban people Social work Secure buildings Find children Lodge homeless- homeless, alcoholics, etc. could lodge in a police station. Consequence: police station becomes horrible messes but has idea that state is taking greater responsibility for what happens to people. Repression: of working people, crush protests and dissent, these are problems with growing police influence.

Christiana Riot

Christiana riot: In Christiana, Penn a group of African Americans and white abolitionists skirmish with a Maryland posse intent on capturing fugitive slaves hidden in the town. 1851, so came as a response of fugitive slave act, requiring the return of all escaped slaves to their owners in the South. One member of the posse was killed others in a fight, Aftermath: 37 African Americans and one white man arrested and charged with treason under provisions of Fugitive Slave Law, most were acquitted. Three Christian Defendants

Prostitution

Commercialized Sex Changes in economy change criminal justice, change crime, rise of prostitution in American cities 1820s, 30s, 40s Idea of urban poverty and urban working class, new forms of crime product of economic development Class of reformers arises to demand that the new American government addresses this new social problem, especially prostitution. III. Prostitution Industrialization leaves young women no purpose Many prostitutes in cities are popping up, biggest men participants were salesmen coming into town. Many worked out of public theatres cut a deal with the theatres and hangout in the upper tear and get picked up by man. Rise in brothels: house of prostitutions owned by respectable people and not in different areas of the city, because prostitution houses were legal as long as the houses weren't too loud and were quiet. McDowell: All According to McDowell How many prostitutes in NYC?: according to McDowell 10,000 , 1 out of every 7 women, 15% below age of 45, don't know exactly but it is a significant percentage of women Who are they?: women from the farms are being sent to the city to learn a trade because they are not needed on the farm, they are like 14, 15, 16 years old and they are going to the city to look for work, and there isn't much work or it doesn't pay well, and there is lots of fun things to do in the city that requires money, he says women in traditional occupations still might be a prostitute because they need the money and have been removed from the rural environment they were living at home, were under family eye and church eye, now you are liberated Why is this a problem?: purity and virginity are value, they are committing a sinful act and the impact is they are going to go to hell: really believe virginity matters, many men will not marry you if you are not a virgin so they cannot get married so they cannot get husbands money or a nice house so they might have to stay prostitute. Also legitimate fear people are wasting money on prostitutes and pleasure instead of bringing it home. Women bound in a form of slavery, they are subject to violence, wasteful, cruel, and the sex is cruel: three men a day sometimes according to McDowell and this is soul destroying, have to get drunk to do this so get addicted to alcohol. What is the cause?: problem is we are not teaching them to be mothers, stop sending them to work and excitement, if mothers they will get married young and will never have the temptation. Also view the men as lost souls and going to hell. Description Thompson What are the causes? Story based upon the realities of the society, she runs away from home because her parents herself are having affairs in her youthful ideals, but finds herself pulled into this situation and cannot leave this man because she will never be respected again, she fell for a pimp, once they have sex and get married these women are bound to him and must do what he wants: some sexual double standards, she can never return to a respectable life but the man who has sex with her can. Tristan Really phenomenal woman, accomplished What are the causes?: women don't have access to education from sexism so they have only option work in a sweatshop or become a prostitute, all the higher paid jobs are given to men, early argument sexual equality will end the problem of prostitution. Poverty of women and wealth of the men produce prostitution, once you have enormous wealth in society bribing someone with money for sex becomes a really real thing, people have a price. We have this problem now, and this is an early problem for them. Wealth helps create prostitution, kind of a socialist She does not have a sex positive attitude, it is ruining these women because sex itself is so destructive and unpleasant What is the solution?: sexual equality will end the problem of prostitution. Causes Unstated causes Money: Poverty of women and wealth of the men produce prostitution, once you have enormous wealth in society bribing someone with money for sex becomes a really real thing, people have a price. We have this problem now, and this is an early problem for them. Wealth helps create prostitution, kind of a socialist Causes: it is an attractive choice for women, prostitutes had money can charge the top like 3-5$ per person and a sweatshop worker made 1$ a week. Exists in part because the trade offs are so enormous Law: most sex is legal in all places, in America, just keep public order, just stay inside and don't upset public streets the police don't do anything about it, and the offenses are small, brother of the secretary of state owns a brothel and someone was killed in that brothel -- huge scandal. Only begin to crack down if like someone is killed in a brothel. Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Risks risks Censure: religious persecution, could become not respected, other women could chose not to hangout with you, don't associate with you and you become isolated from the society, men would not marry them Riots: Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Many riots with police, men target them think they spread diseases and are morally wrong. Wave of riots 1830s throwing stones Disease: prior to antibiotics, no HIV but did have syphilis and could be deadly, would turn you insane, and real chance of contracting it Violence: Jewett was killed. -- read this story: she is a girl from Maine from a poor but respectable family, was working in the house of Maine as a servant and learns how top women are treated, becomes Prostitute in Maine, then moves to NYC and because beauty and her ability to act from top society, she falls in love with Robinson, Robinson loves her but she is a prostitute and he cannot be with her he wants to be rich and marry, we don't know where he was getting his money maybe embezzle because Jewett was expensive and she stopped charging him sometimes, she believed Robinson would marry her, Robinson comes and demands his letters and miniature because he is worried she will blackmail or tell, he kills her with a hatchet and burns her he is immediately taken by the police and this trial is a huge trial in the century. Such an interesting story how people can be pulled into this situation, Robinson goes to trial and the press eats it up, this girl sucked into prostitution and this man too. In Newspaper, Robinson portrayed as a little kid, and Jewett as a sophisticated woman which persuades the jury assumption of diminished capacity, child cannot know what they are doing -- he was 32. And all juries are male at the time and they are clerks too and the lawyers say she sucked him in, threatened him, he had no choice. So more sympathetic to the murderer and not the victim, because system itself was advantage to men who commit crimes to women, Robinson escapes to Texas and changes his name. IV. Moral Reform Societies dedicated to transforming American societies Middle-class religion Second Great Awakening, 1820-40 Revivals draw 10-25k people: revivalism, preachers having like stadium shows, very elaborate New churches: and new moral reform societies, and the backbone were women, they have a lot new time on their hands, husbands out working, so they seek to expand their role in public sphere that naturally feminine should take over, campaigns against prostitution, end alcohol, bring children education, eventually abolition. Beecher Family was example in 1850s. Lyman Beecher most eminent calvinist preacher, son most famous preacher later, and harriet beecher stowe writing uncle tom's cabin, their religious faith required them to change america to purify america. Improve society: Women's politics Women and new movements- engaging in politics, using moral reform to find a place for themselves in the public sphere, they didn't want to remain at home, they had an education and wanted to go out and change the world so they do so through acceptable womanly ways. Anti-prostitution: rescue women, make institutions to give women more opportunities. McDowell opened it and was killed, so the women take over this institution engage in public sphere a bit. Women directly dealt with prostitutes, try to get them different jobs, take children from prostitute places and get them adopted by middle class homes, gather around brothels and saloons pray for the people inside, politics of guilt and would embrace the men and women who keep going in and out. Also remind people they are going to hell, scare them. So use the tools they have with them because they cannot vote. They can deny their husbands sex if they drink, gamble, etc. so strategies to try and deal with the emerging problems in American cities. Temperance Public schools Abolition: lucretia Mott, Sensationalism The perils of commercialism Same economic forces lead to sensationalism: promote sex even as they condemn it. Newspapers promote sex even as they condemn it- can sell by condemning sex allows pictures and stories on prostitution, like Jewett they made that into a mystery like whodunit. Hypocrisy viewing something and then condemning it. Oh look at this horrible thing that happened and buy this paper. 1820s, 1830s, America is most literate, we have the mail. But all pitched in a moralistic way. Market reshapes crime and justice Class Poverty prostitution Growth has an effect on people's behavior, in this it changes gender roles, major problem for government concerned with moral dilemmas, contempt or sympathy Migration There was a chronic labor shortage, so would accept large number of immigrants or slavery. These immigrants primarily in this period from Ireland. They congregate in centers that themselves became famous as slums, characterized as poor, crime infested, violence, alcohol, rioting, neglected children, prostitution, dirty. So have children so close to alcohol, violence, prostitution exposed to all of this early, and this an environmental theory of crime, children are exposed to these behaviors and will be willing to engage in this behavior. But it is a theory of where crime originates. Prostitution: slavery corrupts family life for both sides. Slave women are vulnerable and free black women have limited options, and many become mistresses to white men "Quadroon" Law, ¼ African descent, woman appears to be white but is enslaved. So free and enslaved have these balls where they go escorted by moms and men court them and sign contract with them to be their mistresses, money and a cottage but could never marry and sometimes this could go on for years and these men would have two families. And this is so against the claim in their religion.

Commonwealth v. Hunt

Commonwealth v. Hunt (1842) Shoemaker association goes on "strike" twice, won't work with anyone who is not in their club, Horne was in their club so he was expected to take a certain wage, if you accept under our demanding price then you owe the club a fine, Horne says he won't pay so they kick him out of the club and they refuse to work with Horne, fire him or we will quit Lemuel Shaw has to decide on this behavior he was a judge, he doesn't think this is a conspiracy because they didn't do something criminal, so he designs a new test of conspiracy, this conspiracy is just pat someone on the head and that's not a criminal intent. Thinking really hard how to get people to participate in the system to do good things and wants a legal framework where that is possible. He doesn't want people to stop banding together to stp good things, like temperance movements, people want to get together to benefit society they should be allowed to do it, so we need a legal framework get rid of bad organizations and keep the good organizations, "ends-means-intent" test. Get clubs engaged in voluntary system. System of criminal law that would encourage good associations like charitable ones, fire companies, churches, etc. violence is bad, strikes are good. Common law too vague Ends means intent test Channel dissent towards lawful, productive purposes.

Sir Robert Peel

English Precursors -US behind in the industry of high cities and industrialization while English was the best at this, they began engaging in crime before. Sir Robert Peel pushed for London to found the metropolitan police. Read about this in the reading Gazette: features detectives and regular officers "patrol men", they don't wear a uniform because they need to sneak around, trying to solve crimes. Detective function separate from policing function. Seeing systemization with badge and uniform, responding the the public. ::

Ku Klux Klan Act

Defeating the Klan Stemming Disunion: will not accept this new political order. Klu Klux Klan founded 1865: paramilitary terrorist organization, to divert democracy created and promoted by 14th and 15th amendment. Use violence and force. Former Confederate officers Terrorism against blacks and republican officeholders Pres. Grant sends Secret Service Chief Hiram Whitley to arrest : grant wants to put this down, sends him south to georgia use powers of government arrest and stop the clan Congress passes Klan Act, 1871: prohibit intimidation of the right to vote, don't go around in disguise, or know of their secret meetings.

Five Points

Dual Presidency (1850): um.. All i can find is the Compromise of 1850 which acted as a temporary truce on the issue of slavery, primarily addressing the status of newly acquired territory after the Mexican-American War. Five Points to the Compromise: Stricter fugitive slave law California's entry into the union as a free state Boundary drawn between New Mexico and Texas stopping slavery in its tracks Outlaw slave trade in Washington DC Implementation of popular sovereignty (allowing the states themselves to decide their policy on slavery in the Western territories. The compromise did not resolve the issue of slavery expansion, insead further polarized the sectional divides between the North and the South. The Great Compromiser vs. The Great Nullifier Kentucky senator Henry Clay: "Great compromiser" offered a series of resolutions, most aiming to limit slavery expansion John C Calhoun "Great Nullifier" saw Clay endangering Southern rights and prosperity. He reinforced the need for stronger fugitive slave law and proposed a constitutional amendment specifying a dual presidency- one office that would represent the South and another for the North... a suggestion that hinted at the possibility of disunion. California (1850) Fugitive slave act Part of the Compromise of 1850 Compromise of 1850 which acted as a temporary truce on the issue of slavery, primarily addressing the status of newly acquired territory after the Mexican-American War. Five Points to the Compromise: Stricter fugitive slave law California's entry into the union as a free state Boundary drawn between New Mexico and Texas stopping slavery in its tracks Outlaw slave trade in Washington DC Implementation of popular sovereignty (allowing the states themselves to decide their policy on slavery in the Western territories.

Cilley-Graves duel

Dueling Way of settling disputes through fighting, it was illegal but it's not disorderly, there are rules Legalistic violence Code Duello:: book of rules from Ireland, so customs not indigenous to US, coming from traditions in other places (v. common in Ireland) the rules of fighting/ duels. Becomes arm of political. Dueling Deaths Alexander hamilton (1804) Comm. Stephen Decatur (1820) Rep. Jonathan Cilley (1838) -- and Graves Duel. they are US congressmen Cilley from Maine and Graves from Kentucky (southerner). James Watson Webb involved from NY state big newspaper editor and fighting with Cilley on banking policies, Webb mad at his speech and wants to fight a duel on Cilley (he never got to serve in combat so was mad he couldn't do all this violence). One problem: cannot challenge someone on Congress floor so has Graves do it, Graves has letter and Cilley refuses letter which insults Graves and he challenges Cilley to a duel and they figure Cilley won't fight.. Well Cilley knows how to shoot but he doesn't have good vision and has never dueled before, feared not to duel in being a coward and not elected, so he agrees to the duel. They both miss and won't give up until someone's hurt, do it again Cilley is shot and dies. Before shot "I had to fight the duel even though I had done all I could do to avoid it in gentlemen ways' He had no ill will for Graves, pretext of this challenge is absurd, but i will not be disgraced and New England will not be stamped on, fought for honor, pride in region. Much anger produced by the death of Cilley, Nathaniel Hawthorne wrote biography on Cilley and New England was mad and started to wonder if this was such a good idea to duel, man of promise died.

James Wilson Webb

Dueling Deaths Alexander hamilton (1804) Comm. Stephen Decatur (1820) Rep. Jonathan Cilley (1838) -- and Graves Duel. they are US congressmen Cilley from Maine and Graves from Kentucky (southerner). James Watson Webb involved from NY state big newspaper editor and fighting with Cilley on banking policies, Webb mad at his speech and wants to fight a duel on Cilley (he never got to serve in combat so was mad he couldn't do all this violence). One problem: cannot challenge someone on Congress floor so has Graves do it, Graves has letter and Cilley refuses letter which insults Graves and he challenges Cilley to a duel and they figure Cilley won't fight.. Well Cilley knows how to shoot but he doesn't have good vision and has never dueled before, feared not to duel in being a coward and not elected, so he agrees to the duel. They both miss and won't give up until someone's hurt, do it again Cilley is shot and dies. Before shot "I had to fight the duel even though I had done all I could do to avoid it in gentlemen ways' He had no ill will for Graves, pretext of this challenge is absurd, but i will not be disgraced and New England will not be stamped on, fought for honor, pride in region. Much anger produced by the death of Cilley, Nathaniel Hawthorne wrote biography on Cilley and New England was mad and started to wonder if this was such a good idea to duel, man of promise died.

elijah lovejoy

Early Clashes of Disorder before Civil War: Who is Elijah Lovejoy?.. He was an American newspaper editor and martyred abolitionist who died in defense of his right to print antislavery material in the period leading up to the Civil War. abolitionist editor and preacher. Editing Observer protested a lynching of a free black man, a mob ruined his press and he moved to Alton Illinois, and before his press could be unloaded there a mob destroyed it. Even though he was dedicated to abolition he said his newspaper would not function as an abolitionist newspaper anymore.. But he decided against that. Him and his supporters used their force to protect their fourth press, all the others were destroyed, mob showed up him and supporters waited inside armed to defend. Lovejoy had to go out to stop someone from setting fire to the roof and he was shot and killed. His death contributed to the growth of the antislavery movement and of sectional controversy. What do Townspeople do? How does he justify himself?... freedom of press and speech but perhaps he admitted to unwise agitation of the subject of slavery in this community. How do his assailants justify themselves?.... The members of the crowd felt no shame and laughed as the funeral wagon went to Lovejoy's home..

13th Amendment

Ending Slavery: war could not be successful unless ending slavery, Lincoln put this into work right before he was murdered. 13th Amendment Johnson plan: confederate states can return, by 10% Southerners swear loyalty to the US, and adopt the 13th amendment Readmission 10% swear loyalty Ratify 13th amendment: ends slavery and involuntary servitude, except if convicted of a crime, you could be held to do labor.... See how 13th amendment becomes the loophole where labor is coerced, made this exception because they needed people in Prison to have work unless they will get so bored and commit suicide, so give them work. And learn a trade. Black Codes, 1865: 13th amendment really destroyed their way of criminal justice, they privatized criminal justice, master gets ultimate authority, well now slavery is over so criminal justice system needs to be created in the South and create one.

Bowery B'hoys

Gangs That engage in politics, good societies, so the separation of conspiracy groups and not is hard. Work to channel working class dissent Bowery B'hoy nativists gangs, Whig Party, different groups allied themselves with different political parties. members Mechanics, laborers, clerks, apprentices Purposes Politics, firefighting, ethnic fraternity, sports battles Astor Place Riot (1849)-- fight over which shakespearean actors the gangs loved one Englishman and the other was American, get mad the Englishman is performing so they start protesting and then it gets out of hand and violent, so nationalism, Great Police Riot (1857)- NYC restricts alcohol but the police refuse to enforce that state law, so they need a new police force to replace, riot between municipal and state police and the gangs ally with one side. Dead rabbits riot (1857)

Thomas Granger

He is a teenage indentured servant in Plymouth colony. caught having sex with animals Beastiality Teenage servant Procedure They catch him They want him to confess (confession is a religious element), confession means he would get right with the lord, it's important to punish but also him to get right with the lord He is breaking code of leviticus, profoundly religious and that criminal laws will follow the laws of the bible Gets a trial by jury Biblical law Confession Jury -- early form of democracy, insist that jury of his peers determine his fate, part of British custom He is sentenced to death, no such thing as victimless crime Do not see sex as harmless, victim is God, you sinned against God so you need to be punished to avoid being smitten by God, make certain God's law is enforced Make him watch them kill the animals, wanted to make him feel guilty and remorse, and they do not use any part of the animal, don't eat them. This is telling:: these people are HUNGRY, that's valuable and wealth to them but it was Corrupted, God doesn't want us to eat it and they do not Governor: William Bradford Theories Governor: William Bradford theories for why this happened, these damned immigrants who are not Puritans servants aren't religious and commit more crimes, idea that they are living in such close quarters we can see crimes going on perception of sinfulness is much greater everyone can see what's going on, they are out in the wilderness near Native Americans "savages, heathens" savage land is affecting us and making us misbehave. Satan: wilderness argument Repression Immigration Key Part: Bradford is trying to figure it out Why Crime Exists, starting idea of criminology, thinking, early attempt to explain crime as a phenomenon Thomas Granger: Bradford is sad, the kid is young, he screwed up and did something wrong and he has to die and the animals have to die, he is sad. Kills him because God says. --believed bestiality would make unholy births sign god was angry and would punish them.

"Separate Spheres"

I. The Market Revolution II. Family, women, and work -Separate spheres ideology (set of norms put out) Male Public sphere Wage labor: physical, dangerous Government: parties, army Conflict: state of nature Women Their jobs were very much declining, their responsibilities were dwindling, importance to the family was dropping, so really affects the way they work and the way they exist in the home, and their socially constructed "norms" in the home (the expectations their role in society), many women would defy separate spheres but put them at risk. Gender roles change and develop with new economic realities, many liberated from farm labor and home production. Assumption women were weaker and more moral, so participate in church. Those who leave the home or deny marriage they loose status, obey the norms you can be a respectable middle class woman but if not you are on the outside, hated, and rejected, this included going to work. Private sphere Housework: cooking, cleaning Family: childbirth, rearing Love: nurture

Dead Rabbits

III. A man's world Gangs That engage in politics, good societies, so the separation of conspiracy groups and not is hard. Work to channel working class dissent Bowery B'hoy nativists gangs, Whig Party, different groups allied themselves with different political parties. members Mechanics, laborers, clerks, apprentices Purposes Politics, firefighting, ethnic fraternity, sports battles Astor Place Riot (1849)-- fight over which shakespearean actors the gangs loved one Englishman and the other was American, get mad the Englishman is performing so they start protesting and then it gets out of hand and violent, so nationalism, Great Police Riot (1857)- NYC restricts alcohol but the police refuse to enforce that state law, so they need a new police force to replace, riot between municipal and state police and the gangs ally with one side. Dead rabbits riot (1857)

Reconstruction

III. Reconstruction Restoring Criminal Justice Ex Parte Milligan (1866): procedure of habeas corpus; Milligan Knight of Golden Circle, approved his death sentence but didn't execute them and the Supreme Court decided they had to be tried in the civil court. Military courts invalid in loyal states where the civil courts remained open and operational Slavery Ending Slavery: war could not be successful unless ending slavery, Lincoln put this into work right before he was murdered. 13th Amendment Johnson plan: confederate states can return, by 10% Southerners swear loyalty to the US, and adopt the 13th amendment Readmission 10% swear loyalty Ratify 13th amendment: ends slavery and involuntary servitude, except if convicted of a crime, you could be held to do labor.... See how 13th amendment becomes the loophole where labor is coerced, made this exception because they needed people in Prison to have work unless they will get so bored and commit suicide, so give them work. And learn a trade. Black Codes, 1865: 13th amendment really destroyed their way of criminal justice, they privatized criminal justice, master gets ultimate authority, well now slavery is over so criminal justice system needs to be created in the South and create one. Create jails and jail fields. So pass Black Code reading: ban interracial marriage but legitimizes marriage for African Americans, create labor contract to replace non contract slavery but also beginnings of coercive system of labor, replicates slavery through contract and legal, sign it if don't work the full year they can arrest you, bring you back or force you to work in prison farm or contract labor for the state. Outlaws vagrancy: idleness, not allowed to not have a job, have to have visible means of support if don't they can arrest you and make you work. Stops enticement: worried the North will bring the free people to the North factories and the South doesn't want that to stop their labor force so they outlaw it. Poll Tax: tax to vote. Purpose to recreate slavery under new terms. Coercive contract system, make certain African American labor won't go northward or go town to town seeking better jobs, if do could go to jail and coerced to labor there. Riots and Massacres: reaction to Black codes and Johnson reconstruction plan was unpopular, he was a Southerner, he hated slave owners but hated African Americans. So plan subjected free people to conditions almost as severe as conditions under slavery which was very unpopular. Memphis: rioting going on, protesting, conditions lead to new government and new congress create radical reconstruction. Civil Rights Protection: new reconstruction plan Military occupation: Sickles one of military commanders in the South. Civil Rights Act, 1866 14th Amendment, 1868: by far, most important piece of legislation since the Bill of Rights really read it over and understand it: US Citizen is anyone born in the US, excluding Native Americans, citizen in state and USA viewed as dual citizenship. (build national citizenship) Privileges and immunities Equal protection: no law can specifically attack one group, or place one group above another, laws are equal for everyone, South needs get rid of their Black Codes, you cannot do that cannot specifically target one group. Due process: you get a trial Attempt to create civil equality in the US Political Rights Fifteenth Amendment, 1870: right to vote- federalizes right to vote, used be state thing, and only gives it to men. Can deny right to vote on gender. Hoped would give free people right to be sufficient and have the tools to protection. Election of radical legislatures in Southern States: elect radical people in the South, public education in the South IV. Order without Justice Defeating the Klan Stemming Disunion: will not accept this new political order. Klu Klux Klan founded 1865: paramilitary terrorist organization, to divert democracy created and promoted by 14th and 15th amendment. Use violence and force. Former Confederate officers Terrorism against blacks and republican officeholders Pres. Grant sends Secret Service Chief Hiram Whitley to arrest : grant wants to put this down, sends him south to georgia use powers of government arrest and stop the clan Congress passes Klan Act, 1871: prohibit intimidation of the right to vote, don't go around in disguise, or know of their secret meetings. Retreat 1876, Hayes is determined president, who lost the popular vote, commission gives him the presidency, rumours to get the presidency he said he would withdraw the US army in the South. Without the army there to protect interracial democracy, terrorism began more. Intimidation sympathetic, and terrorizing African Americans. Trying to restore slavery institutional and white supremacy Electoral Violence US Army withdraws, 1877 Interracial governments fall

Bushwackers

Irregular Warfare-- again breakdown of law and order Guerillas- guerilla warfare they hide and ambush, take advantage of their knowledge of the landscape, wait for you and attack you. Rise of guerilla warfare an irregular warfare, especially on war of citizens (ex. kansas) considered even at the time uncivilized and unmanly warfare but everything broken down. Bushwackers: Lawrence Kansas, women and children are being murdered in war in Kentucky, hiring Gorillas, live off land forage, raid, rob and kill civilians, rule of law and humanity breaks down. Quantrill's Raid Massacres

Enlightenment

It's an ideological movement Enlightenment - Humanism, rationalism -Beginning in the Renaissance extending into Great Britain, Humanistic Revolution focus on people not just Bible you see human subjects, focus on human beings, rejecting some religious values and looking to Ancient Greece and Rome for science, social study too the study of human behavior, interested in improving government -17th and 18th century emphasis on reason and individualism rather than tradition. Enlightenment (bringing reform impulse) - Scientific and rational values, values of liberalism, government human made, when government does not work for the people people have the right to overthrow it and make a government bound to protect them. Values - Liberalism - Humanism: concentrate on humans and material world the government should. Law should be determined by what's good for the people. Guided by law and experience, correct answers to questions can be found by studying the material world instead look to the Bible or religious scholars. -Rationalism -Science

Mass politic

Mass politics: male, saloon, mobs, working-class, fraternity, freedom (for white men over age of 21). and there was a divided society, Moral Reform v. Mass Politics Moral Reform: female, church, revivals, middle-class, family, goodness Two: clashing over what politics should look like. Example: mob attacking the abolitionist Lucretia Mott

Bleeding Kansas

Kansas-Nebraska (1854) Popular sovereignty Allowed people in the territories of Kansas and Nebraska to decide for themselves whether or not to allow slavery within their borders (lots of slave owners flocked here to sway the vote)... AND the act severed to REPEAL the Missouri Compromise of 1820 which prohibited slavery north of the 36,30 latitude line. Self-Defense- Bloody Kansas John Brown: well known for his 1855 battle with slaveholders in Kansas... Reading on More of What he did.. Kansas, 1855-6: Violence in the period of settling the Kansas territory. 1854 Kansas-Nebraska Act overturned Missouri Compromise 36,30 boundary between free and slave states. Instead saif the territory can determine if free or slave under popular sovereignty... so Proslavery and free-state Settlers flooded into Kansas to try to influence the decision, violence erupted. John Brown lef anti-slavery fighters in Kansas. Civil conflict and political polarization Border ruffians: Name applied by Northern abolitionists and free state settlers in Kansas to pro-slavery activists from the slave state of Missouri.. So it was people who flooded into Kansas from Missouri that were pro-slavery and ready to hang those opposed to slavery. Lawrence: The Siege of Lawrence occured May 21, 1856, when pro-slavery activists led by Sheriff Samuel J Jones, attacked and ransacked the town of Lawrence Kansas which had been founded by Anti-slavery settlers from Mass who were hoping to make Kansas a free state Pottawatomie: In reaction to the sacking of Lawrence, by pro-slavery forces, John Brown and band of abolitionist settlers, some members of pottawatomie rifles, killed 5 settlers north of Pottawatomie Creek in Franklin County

puritanism

Lawful Revolution -School of thought in 17th c england leading was Locke, Locke was a Puritan but celebrated equality, toleration, and rights. His idea of limited government, should not have infinite power, humans have rights the government has no place in, leaders power are not from God and government right is not from God it's from people people create a government to protect the areas where the government cannot go to impede on our rights. He was building off of ideas people were having especially Puritans they already had Mayflower Compact. Utlitarianism: -Purpose of government is to maximize happiness, Puritans overthrew the King in English Civil War, so growing unease of tradition and traditional authority. Idea that government should promote the interest of the people, the wellbeing and the happiness is utilitarianism.. Which the Puritans did not believe in, people need to live according by God not by happiness, maximize the happiness of society is a government they believe. Godly Order: "Colonial Criminal Justice" -Earliest English settlers came for profit seeking, ex. Hudson Bay Colony. Puritans and King thought to make money from the colonies, first profit making was beaver pelts, fur. Then shifts to making agriculture, tobacco. Populations of the colonies were so divided: religious dissenters, Puritans were one: Puritans worked to purify the Church and Catholic Church, land in Plymouth Rock in Mass, made a compact, Mass Pilgrim Club, they are the Pilgrims. 1629 formed the Mass Bay Colony, relatively prosperous, they were skilled and literate motivated by religion and thus had some success. servants Not committed Mass Bay needed servants and labor so they allowed people who were not committed to Christianity or to the Puritan cause of being the City on the Hill, as populations increase this commitment to the original founding principles arrode. Only thing motivating is coercion Plymouth Purpose of colony, want to make money but the main purpose is escape religious persecution, so settlers and rules are different than Virginia. Thomas Granger Reading William Bradford Teenager, indentured servant, caught having sex with animals Beastiality Teenage servant Procedure They catch him They want him to confess (confession is a religious element), confession means he would get right with the lord, it's important to punish but also him to get right with the lord He is breaking code of leviticus, profoundly religious and that criminal laws will follow the laws of the bible Gets a trial by jury Biblical law Confession Jury -- early form of democracy, insist that jury of his peers determine his fate, part of British custom He is sentenced to death, no such thing as victimless crime Do not see sex as harmless, victim is God, you sinned against God so you need to be punished to avoid being smitten by God, make certain God's law is enforced Make him watch them kill the animals, wanted to make him feel guilty and remorse, and they do not use any part of the animal, don't eat them. This is telling:: these people are HUNGRY, that's valuable and wealth to them but it was Corrupted, God doesn't want us to eat it and they do not Governor: William Bradford Theories Governor: William Bradford theories for why this happened, these damned immigrants who are not Puritans servants aren't religious and commit more crimes, idea that they are living in such close quarters we can see crimes going on perception of sinfulness is much greater everyone can see what's going on, they are out in the wilderness near Native Americans "savages, heathens" savage land is affecting us and making us misbehave. Satan: wilderness argument Repression Immigration Key Part: Bradford is trying to figure it out Why Crime Exists, starting idea of criminology, thinking, early attempt to explain crime as a phenomenon Thomas Granger: Bradford is sad, the kid is young, he screwed up and did something wrong and he has to die and the animals have to die, he is sad. Kills him because God says. --believed bestiality would make unholy births sign god was angry and would punish them. Massachusetts Spiritual Conformity Sin and crime are equivalent- no distinction. No victimless crime. Mayflower Compact, 1620-- a law code, heavily religious in content, commands spiritual conformity very much believe they are right about the bible and god's law, prohibited jesuits (counter protestant reformation), excluded Quakers, enforce the sabbath, range of rules from the Bible. Actually they were not prude people, society was intolerant of non creative sex, no fornication and adultery Patriarchy-- goal of the law code Power flows from God-King-Governor-Fathers ;; this is a society expecting obedience to the father, laws on what to wear based on classes, obedience to church doctrine, power flowing Puritans believe you can determine what God thinks by looking at the Bible and reading the bible, so it's not okay Winthrop telling her the bible (that's how they go against Catholics) she is insisting these charges are just you wanting me to do what you say, she is banished to Rhode Island.

Dec. of Independence

Lawful Revolution With what does Jefferson charge the King? Declaration of Independence 1776: it's people's right to form their own new government if the one they are under has been corrupt and not taking into account the individual's happiness and rights Charged: he has ignored our laws, depriving us trial by jury, imposing taxes without our consent, cutting off our trade with the rest of the world, taking away our laws and forms of government, suspended our own legislations, keeping occupied troops in the colonies even in peacetime, accused him of piracy and kidnapped our sailors, obstruction of justice ... reading Why? Why does he charge him with all these? Show: I'm not the traitor you are. And this is scary to fight against the king, bad things would happen to you, so to justify this turn to law, King is the traitor you are breaking laws so fully we are justified in fighting a Revolution, the King is a criminal, King is not enforcing the laws and is acting in a criminal way. "Lawful Revolution" we are the vessels of the rule of law. What theory of government does he propose? Enforce the will of the people, built on Social Contract Locke, and calling for public participation.

John Adams

Massacre Boston Massacre (reading) Start making rules for political violence and anger and this is the first example. Four Killed Soldiers Tried John Adams defends Taxes imposed, colonists don't want to pay and have differences with tax collectors so British send troops who most live in people's houses and Boston is even more annoyed. Tensions between working men and the troops, and the ropemakers and soldiers had tension keeps coming forth in forms of challenges, challenge to a boxing match and started bubbling over this night. Colonist started throwing ice balls, and people get shot. Trial: another form of participation and early democracy, body of citizens chose if someone is guilty; a form of the rule of law is how specific it is, protection for the victims, specifics is a protection, charge someone with specific is what defendants want, vague charges are hard to disprove. Shows it's a society much more serious and intent on giving protections to the accused than had existed before. Cannot just charge someone with vague crimes. Attorney is John Adams; give them the best chance they can, Adams himself is an avatar for the principle of the rule of law in America, everyone deserves a fair trial and everyone deserves the same protection of law. It doesn't matter what your political thoughts are, the law is the law and the facts are the facts and Adams says that. And the facts are, these soldiers were attacked. VA and KY Resolutions (1798): the alien and sedition acts are a series of laws, passed by president John Adams at the end of the eighteenth century seeking to restrict the public from sympathizing with the French Revolution or anyone who criticized Adams's policies. But these resolutions nullified the Alien and Sedition Acts led by Thomas Jefferson and James Madison. Showing that the federal government had no authority to exercise power not specifically delegated to it in the Constitution.

2nd Great Awakening

Middle-class religion Second Great Awakening, 1820-40 Revivals draw 10-25k people: revivalism, preachers having like stadium shows, very elaborate New churches: and new moral reform societies, and the backbone were women, they have a lot new time on their hands, husbands out working, so they seek to expand their role in public sphere that naturally feminine should take over, campaigns against prostitution, end alcohol, bring children education, eventually abolition. Beecher Family was example in 1850s. Lyman Beecher most eminent calvinist preacher, son most famous preacher later, and harriet beecher stowe writing uncle tom's cabin, their religious faith required them to change america to purify america. Improve society: Honor, Notions of Virtue: Mixes with democracy, notion of honor mixing with democracy, politicians responsibility respond to smites with violence ... but clashes with that new morality with the second great awakening

The Old Brewery

Migration There was a chronic labor shortage, so would accept large number of immigrants or slavery. These immigrants primarily in this period from Ireland. They congregate in centers that themselves became famous as slums, characterized as poor, crime infested, violence, alcohol, rioting, neglected children, prostitution, dirty. So have children so close to alcohol, violence, prostitution exposed to all of this early, and this an environmental theory of crime, children are exposed to these behaviors and will be willing to engage in this behavior. But it is a theory of where crime originates. Reading on the Old Brewery: people who care but are seeking to "uplift" the poor, condescending. They know "good people act like them" These neighborhoods at the end of the day do have lots of violence 1836 when opened the Illinois Michigan canal, large violence along the canal between working men and them, Irish Catholics versus protestants.

Moral reform

Moral Reform: female, church, revivals, middle-class, family, goodness and there was a divided society, Moral Reform v. Mass Politics Two: clashing over what politics should look like. Example: mob attacking the abolitionist Lucretia Mott II. Family, women, and work Women: Assumption women were weaker and more moral, so participate in church. IV. Moral Reform -Societies dedicated to transforming American societies Middle-class religion Second Great Awakening, 1820-40 Revivals draw 10-25k people: revivalism, preachers having like stadium shows, very elaborate New churches: and new moral reform societies, and the backbone were women, they have a lot new time on their hands, husbands out working, so they seek to expand their role in public sphere that naturally feminine should take over, campaigns against prostitution, end alcohol, bring children education, eventually abolition. Beecher Family was example in 1850s. Lyman Beecher most eminent calvinist preacher, son most famous preacher later, and harriet beecher stowe writing uncle tom's cabin, their religious faith required them to change america to purify america. Improve society: Women's politics Women and new movements- engaging in politics, using moral reform to find a place for themselves in the public sphere, they didn't want to remain at home, they had an education and wanted to go out and change the world so they do so through acceptable womanly ways. Anti-prostitution: rescue women, make institutions to give women more opportunities. McDowell opened it and was killed, so the women take over this institution engage in public sphere a bit. Women directly dealt with prostitutes, try to get them different jobs, take children from prostitute places and get them adopted by middle class homes, gather around brothels and saloons pray for the people inside, politics of guilt and would embrace the men and women who keep going in and out. Also remind people they are going to hell, scare them. So use the tools they have with them because they cannot vote. They can deny their husbands sex if they drink, gamble, etc. so strategies to try and deal with the emerging problems in American cities. Temperance Public schools Abolition: lucretia Mott, Sensationalism The perils of commercialism Same economic forces lead to sensationalism: promote sex even as they condemn it. Newspapers promote sex even as they condemn it- can sell by condemning sex allows pictures and stories on prostitution, like Jewett they made that into a mystery like whodunit. Hypocrisy viewing something and then condemning it. Oh look at this horrible thing that happened and buy this paper. 1820s, 1830s, America is most literate, we have the mail. But all pitched in a moralistic way. Market reshapes crime and justice Class Poverty prostitution Growth has an effect on people's behavior, in this it changes gender roles, major problem for government concerned with moral dilemmas, contempt or sympathy In the South -Moral reform weak in the South: the north is working for criminal justice, education, recreate public institutions and law to try to better American society, good works will get them into heaven and they are rebuilding and making their country better, improve character by uniform police officers::: In the South not so much. South is Just as, more so protestant than the North, but they do not work on bettering the society. Women in the North liberated by farm labor in the cities so had time work on charitable causes, and in Southern society that's not possible for women they have much housework and responsibilities. And Parishes are run by ministers who are chosen from the parishes and people who place the ministers there are slave owners and they don't want to be eventually talked to about slavery. Focus on individual repentance: individually behave better Defense of slavery: corrupts the churches so fully, ministers look to the bible to justify slavery.. So not trying to make an education system but rather defending slavery

Night Watch

Night Watch Most of law enforcement, community watch drafted among the affluent citizens, no uniform police and real police patrols Part of the old Regime: Night watch : They were groups of amateurs "policing" the street, no training, sometimes if paid, paid very little.

Thief Taker

Part of the Old Regime: -Thief taker- not real common in US, mostly in England. But "private detective" hired when someone took your stuff and was given a reward. Legendary thief taker: Jonathan Wild the problem was his method for getting information was to have close relationships with all the thieves so he can get your stuff back he would hire thieves to steal stuff and would get it back for you, so master criminal, chief of crime.

Pennsylvania Constitution

Pennsylvania Becomes center to reform America's justice System, we see this in the Commonwealth C0nstitution of Pennsylvania written by Ben Franklin Right to a fair trial, know what you're accused of habeas corpus, speedy trials, by jury (assumptions of what you got in England society, but he is now putting it into an established document) Cross-examination Habeas corpus Speedy trial Self-incrimination - don't have to testify against yourself Capital crimes Penitentiaries : person can reform these are established Embodies the principles of Republicanism - idea people participate, act like a good citizen, protection of the public

Plymouth plantation

Plymouth Purpose of colony, want to make money but the main purpose is escape religious persecution, so settlers and rules are different than Virginia. Thomas Granger Reading William Bradford Teenager, indentured servant, caught having sex with animals Beastiality Teenage servant Procedure They catch him They want him to confess (confession is a religious element), confession means he would get right with the lord, it's important to punish but also him to get right with the lord He is breaking code of leviticus, profoundly religious and that criminal laws will follow the laws of the bible Gets a trial by jury Biblical law Confession Jury -- early form of democracy, insist that jury of his peers determine his fate, part of British custom He is sentenced to death, no such thing as victimless crime Do not see sex as harmless, victim is God, you sinned against God so you need to be punished to avoid being smitten by God, make certain God's law is enforced Make him watch them kill the animals, wanted to make him feel guilty and remorse, and they do not use any part of the animal, don't eat them. This is telling:: these people are HUNGRY, that's valuable and wealth to them but it was Corrupted, God doesn't want us to eat it and they do not Governor: William Bradford Theories Governor: William Bradford theories for why this happened, these damned immigrants who are not Puritans servants aren't religious and commit more crimes, idea that they are living in such close quarters we can see crimes going on perception of sinfulness is much greater everyone can see what's going on, they are out in the wilderness near Native Americans "savages, heathens" savage land is affecting us and making us misbehave. Satan: wilderness argument Repression Immigration Key Part: Bradford is trying to figure it out Why Crime Exists, starting idea of criminology, thinking, early attempt to explain crime as a phenomenon Thomas Granger: Bradford is sad, the kid is young, he screwed up and did something wrong and he has to die and the animals have to die, he is sad. Kills him because God says. --believed bestiality would make unholy births sign god was angry and would punish them. Hierarchy Planters style themselves as aristocrats, like lords and ladies, and expand the institution of slavery make it hereditary, so much wealth make like castles, and they fight duels Estates Chivalry Femininity- romantic notions of white womanhood, pure and need to be protected hegemony Many don't own slaves, but believe they will someday.. So many poor whites, they do not benefit from slavery yet they are voting against their interest they are voting these rich slave owners into government. This society gives the poor whites status because of their skin color so you will want to keep it. And offers fair amount of social mobility if you are white. Cotton is booming and people are moving into western territories and they are finding wealth. Ex. Alexander Jackson was poor and worked up and owned huge house. This society profoundly shapes the criminal justice system, reflects the plantation aristocracy view of the world

Quadroon's Balls

Prostitution: slavery corrupts family life for both sides. Slave women are vulnerable and free black women have limited options, and many become mistresses to white men "Quadroon" Law, ¼ African descent, woman appears to be white but is enslaved. So free and enslaved have these balls where they go escorted by moms and men court them and sign contract with them to be their mistresses, money and a cottage but could never marry and sometimes this could go on for years and these men would have two families. And this is so against the claim in their religion. Stowe: abolitionist, but not inaccurate. Lead character Casey: she's a slave as "quadroon" born a slave but doesn't know brought up in luxury with a father who loves her and her father dies, she meets a new man she loves him has babies and wants to marry but he cannot. Friend comes to town in gambling culture, and gets the man (in love with Casey) into debt by taking him out gambling you can forgive this debt if you give me your partner, now she is upset. Then this new man sells her children because her son is disobedient, then sold again and has a child and she poisons the child go to sleep and never wake up. Intent of the story is not nearly to show the tragic situation of mixed race slave but to show how slavery destroys family life, emotional loving relationships don't exist because always corrupted by this power, power of master over slave, power to even sell a child. Not only destructive labor source but it's destroying religious values Americans claim to believe. Turning whole south into brothel, destroying love.

Benjamin Rush

Quaker Reform: Shift from public, sanguinary, and corporal punishments to imprisonment Arguments Destroys shame No repentance Mark leads to recidivism Engenders sympathy Self- destruction : don't want people to commit suicide, sin All pitched to the idea of reforming people. Dr. Benjamin Rush- he is a Quaker Returns to Pennsylvania, begins treating the poor and came up with theories for treating the poor, body has two forms health and morbid, famous because other doctors wouldn't even try to save people from Yellow Fever, he tried to help them even though it's not the right thing to do but he was going to risk his own life to do this, he even signed Declaration of Independence. Sets up first institution free medical care to the poor, and one of the first proponents of abolition, began American Temperance movement, discourage really drunkenness, he's a humanitarian. And first to take mental illness seriously. He argues against public punishments and sanglitary punishments -- punishments that mean blood letting (but he does that in his medical procedures) He argues public punishments is people show up to see you get hanged and you get famous, and people will do anything to become famous, even do crimes. Idea that when you alienate people, brand them, public shame people won't associate with them anymore so that will make them want to commit more crimes, if cannot get hired or anything do crime to sustain yourself. Eliminate that shame you can rehabilitate, reform people so they can again enter society later. And physical punishment too short, need long enough punishment for people to be able to think about what they have done, new idea. Also people might want revenge, you hate the public, have a strong agenda you'll try to take revenge.

quakerism

Quakers come to Pennsylvania freedom to practice religion, Quakerism "Society of Friends" bubbled up, founded by George Fox, religious doctrines took from enlightened thought, everyone can find the divine light without a minister, everyone has an inner light a little piece of God in them, so anti-authoritarian didn't need a minister or a priest. Specifically Egalitarian want equality of sexes and races, women could give religious testimony, becoming first abolitionists , believed in the possibility of redemption they can find their inner light.. So punishment should lead to that redemption. Everyone can be reformed. Quakers become predominant religion in Pennsylvania after the Revolutionary War. Want make it ideal common law. Quaker Reform Shift from public, sanguinary, and corporal punishments to imprisonment Arguments Destroys shame No repentance Mark leads to recidivism Engenders sympathy Self- destruction : don't want people to commit suicide, sin All pitched to the idea of reforming people. Dr. Benjamin Rush- he is a Quaker Returns to Pennsylvania, begins treating the poor and came up with theories for treating the poor, body has two forms health and morbid, famous because other doctors wouldn't even try to save people from Yellow Fever, he tried to help them even though it's not the right thing to do but he was going to risk his own life to do this, he even signed Declaration of Independence. Sets up first institution free medical care to the poor, and one of the first proponents of abolition, began American Temperance movement, discourage really drunkenness, he's a humanitarian. And first to take mental illness seriously. He argues against public punishments and sanglitary punishments -- punishments that mean blood letting (but he does that in his medical procedures) He argues public punishments is people show up to see you get hanged and you get famous, and people will do anything to become famous, even do crimes. Idea that when you alienate people, brand them, public shame people won't associate with them anymore so that will make them want to commit more crimes, if cannot get hired or anything do crime to sustain yourself. Eliminate that shame you can rehabilitate, reform people so they can again enter society later. And physical punishment too short, need long enough punishment for people to be able to think about what they have done, new idea. Also people might want revenge, you hate the public, have a strong agenda you'll try to take revenge. don't believe in violence so first ones to have a prison.

religious revivals --might need more--

Religious revivals of 1830s, same revivals conclude to Northerners violence is wrong, make fighting less socially acceptable. Lots of Northerners starting to see violence is wrong. And they see violence as inflicting on people's free speech, speaking out for abolition brings violence onto you. So suppress violence. Because of Cultural Diversity: -religious revival -Large number of slaves, also Germans, Dutch, Scots-Irish much more diverse place people want to maintain their religion not bow to the Church of England, which leads to the First Great Awakening-- enthusiastic about religion and question British crown authority. The Reform Impulse A. Religion -Great Awakening in Europe and North America, celebrated the individual to determine good and evil, counter to the scientific revolution but leads to same results people calling for a better system. These religious people formed churches and schools. --Evangelism Great Awakening in Europe and North America, celebrated the individual to determine good and evil, counter to the scientific revolution but leads to same results people calling for a better system. These religious people formed churches and schools. --quakerism "Society of Friends" bubbled up, founded by George Fox, religious doctrines took from enlightened thought, everyone can find the divine light without a minister, everyone has an inner light a little piece of God in them, so anti-authoritarian didn't need a minister or a priest. Specifically Egalitarian want equality of sexes and races, women could give religious testimony, becoming first abolitionists , believed in the possibility of redemption they can find their inner light.. So punishment should lead to that redemption. Everyone can be reformed. Quakers become predominant religion in Pennsylvania after the Revolutionary War. Want make it ideal common law. Moral Reform- Societies dedicated to transforming American societies. A. Middle-class religion ---Second Great Awakening 1820-40 Revivals draw 10-25k people: revivalism, preachers having like stadium shows, very elaborate New churches: and new moral reform societies, and the backbone were women, they have a lot new time on their hands, husbands out working, so they seek to expand their role in public sphere that naturally feminine should take over, campaigns against prostitution, end alcohol, bring children education, eventually abolition. Beecher Family was example in 1850s. Lyman Beecher most eminent calvinist preacher, son most famous preacher later, and harriet beecher stowe writing uncle tom's cabin, their religious faith required them to change america to purify america. Improve society:

Ex Parte Miligan

Restoring Criminal Justice Ex Parte Milligan (1866): procedure of habeas corpus; Milligan Knight of Golden Circle, approved his death sentence but didn't execute them and the Supreme Court decided they had to be tried in the civil court. Military courts invalid in loyal states where the civil courts remained open and operational

Boston Tea Party

Riding the Mob Organizing Mobs Samuel Adams justifies the mob action, Boston Tea Party, 1773 :: sam much more radical and he encourages mob actions. Adam's goal was to give them a justification for opposing Parliament, encourage that anger in a "positive" direction. Do actions that will be powerful, symbolically or politically.

Philadelphia riots

Riots Riots in Philly Pennsylvania: Europe was racked with religious wars Catholics versus Protestants and in America it is a little less but still has this problem. Philly dominated by Protestants and there is a Catholic Church there they don't like and they write how much they don't like it in their nativist newspapers. Anxiety Catholics getting involved in politics, and worried that Catholics would take the bible out of the school. Disagree on what children should be taught and disagree on the bible to be read in school. There is a rumour that Catholics are stockpiling arms in the church, they demand to see the arms, more threatening makes Catholics need to take up arms in self-defense and both sides getting more anxious. The mob control the judges, police, prosecutors, so democracy has the affect to protect the rioters who are the majority. Story published by the pennsylvania freedmen abolitionists, who care about the catholics with their church destroyed, but really are worried about that people do not really have the freedom of speech right now, abolitionists have been subject to mob violence too, everytime they speak they will have things thrown at them and people picketing and threatening you. If people attack you on that there is no free speech for you, so if we do not reign in this violence we cannot change politics on the issue of slavery because everytime you speak out against the majority how are the minority ever going to get recognized without being shut down. The judges working for the majority. Political system that protects the violence, the mobs, the harassers. Morrissey eventually becomes a congressman started Saratoga race track while in Congress. Fear is a tool to ride all the way up to the united states capital. Give top jobs to rioters. Often see politics with violence. Rise of American working class gaining access to the political system, bring ordinary folks into the electorate. But that mass participation has connection to a mob violence. We will see people afraid democracy allowing thugs controlling American government. Part of it is rise of professional criminal justice system and police force.

Riot

Riots Riots in Philly Pennsylvania: Europe was racked with religious wars Catholics versus Protestants and in America it is a little less but still has this problem. Philly dominated by Protestants and there is a Catholic Church there they don't like and they write how much they don't like it in their nativist newspapers. Anxiety Catholics getting involved in politics, and worried that Catholics would take the bible out of the school. Disagree on what children should be taught and disagree on the bible to be read in school. There is a rumour that Catholics are stockpiling arms in the church, they demand to see the arms, more threatening makes Catholics need to take up arms in self-defense and both sides getting more anxious. The mob control the judges, police, prosecutors, so democracy has the affect to protect the rioters who are the majority. Story published by the pennsylvania freedmen abolitionists, who care about the catholics with their church destroyed, but really are worried about that people do not really have the freedom of speech right now, abolitionists have been subject to mob violence too, everytime they speak they will have things thrown at them and people picketing and threatening you. If people attack you on that there is no free speech for you, so if we do not reign in this violence we cannot change politics on the issue of slavery because everytime you speak out against the majority how are the minority ever going to get recognized without being shut down. The judges working for the majority. Political system that protects the violence, the mobs, the harassers. Morrissey eventually becomes a congressman started Saratoga race track while in Congress. Fear is a tool to ride all the way up to the united states capital. Give top jobs to rioters. Often see politics with violence. Rise of American working class gaining access to the political system, bring ordinary folks into the electorate. But that mass participation has connection to a mob violence. We will see people afraid democracy allowing thugs controlling American government. Part of it is rise of professional criminal justice system and police force. Dangerous classes Workingmen development of a new working class who moved to the city created by the market revolution and they are preserved as dangerous, also by forming gangs, forming mobs and acting violently, using fists to influence other people. Gangs to backup political positions. Politics Saloons Gangs Violence ;; riots, rallying nativists Astor Place Riot, 1849 people killed over Shakespeare theatre play because they had an English actor, so nativist.

Samuel Adams

Samuel Adams justifies the mob action, Boston Tea Party, 1773 :: sam much more radical and he encourages mob actions. Adam's goal was to give them a justification for opposing Parliament, encourage that anger in a "positive" direction. Do actions that will be powerful, symbolically or politically.

Charles Sumner

Sectionalism Legal Norms North Democracy Rule of law South Deference Force Ex. The Caning of Sen. Charles Sumner, May 23, 1856, North showing "southern chivalry" is barbaric beating someone to death with a cane Diverging Sections: -Northern elites embrace the "rule-of-law".. North in one direction, South in another -Example of Caning of sumner, May 23, 1856 (of different South and North) Sumner is foremost anti-slavery Massachusetts senator, man of high principle where he attacks southerners on personal grounds, you are evil, what you are doing is wrong. Insults uncle of preston Brooks instead Brooks giving a counter speech he goes and beats him with his cane.. Before Civil War, sumner was very injured took years to recover, and Brooks is celebrated in the south, they love him, sent him canes like this is the only way to deal with people who talk against you. North= pen, speech South= violence There is this New Divergence, which did not exist before, dueling was normal, now the two sections have very different idea

George Fitzhugh

See reform as leading to revolution Fitzhugh : reading. Notion of government: government isn't about consent reform will bring revolution, first vote to ordinary working people then free blacks and women and get rid of slavery and that's chaos, it'll be anarchy and after that the society would be way more hostile. Many people don't have the right to vote, we weren't a democracy from the beginning, not democracy at all. Solution: democracy is a bad idea not about consent it should be about force., make people do the right thing. He doesn't want that society he wants a forceful society, product of society that defends the status quo and do not like change. Do not want people engaged, want people to continue to do their job through force.

John Brown

Self-Defense- Bloody Kansas John Brown: well known for his 1855 battle with slaveholders in Kansas... Reading on More of What he did.. Kansas, 1855-6: Violence in the period of settling the Kansas territory. 1854 Kansas-Nebraska Act overturned Missouri Compromise 36,30 boundary between free and slave states. Instead saif the territory can determine if free or slave under popular sovereignty... so Proslavery and free-state Settlers flooded into Kansas to try to influence the decision, violence erupted. John Brown lef anti-slavery fighters in Kansas. Civil conflict and political polarization Border ruffians: Name applied by Northern abolitionists and free state settlers in Kansas to pro-slavery activists from the slave state of Missouri.. So it was people who flooded into Kansas from Missouri that were pro-slavery and ready to hang those opposed to slavery. Lawrence: The Siege of Lawrence occured May 21, 1856, when pro-slavery activists led by Sheriff Samuel J Jones, attacked and ransacked the town of Lawrence Kansas which had been founded by Anti-slavery settlers from Mass who were hoping to make Kansas a free state Pottawatomie: In reaction to the sacking of Lawrence, by pro-slavery forces, John Brown and band of abolitionist settlers, some members of pottawatomie rifles, killed 5 settlers north of Pottawatomie Creek in Franklin County Harpers Ferry.. Reading : 1857 using money collected from radical abolitionists, he rented a Maryland farm, from which he planned to seize the nearby federal arsenal at Harpers Ferry. Oct. 16 him and 21 supporters, two were his sons, 5 blacks, 16 whites captured the federal armory, the arsenal, and Hall's Rifle Works, took 60 hostage, thought his actions would provoke a slave insurrection. Local ilitia, joined by marines led by Robert E Lee overwhelmed brown, killin 10 of his men, both sons, one marine died. Brown's trial and execution was substantial, in South his raid served to inflame calls for succession, North he became a martyr, prompting others to take action. .. bystanders are saying the shot random people on the road and he said he did not, he came to free the slaves thinking they are wrong against God and Humanity. That he was justified by the Constitution and the Bible to do this, he has taken slaves from bondage and brought them to freedom. It is the greatest service man can render to God along the Golden Rule, he knows he has many sympathizers in the North. He acted in the cry of distress of other people. He thinks violence is the only way the South will ever reconsider slavery they won't unless they have to. He believes what he did was perfectly justifiable: and he warns the South they better prepare, as long as they have slaves they should expect violence. He only killed in self-defense. He would set all slaves free and the Southern men see that as a threat on their lives, they think if a slave is free they will kill them. What do Brown's captors think of him? How does he see himself? View of law? constitution

Servitude

Servants and slaves Most of the settlers over time are indentured servants and slaves. Some indentured servants were felons avoiding the gallows. Servitude was a way of dealing with teenagers when children could work but parents couldn't support them they went to indentured servitudes. They were bound servants. Most extreme form of servitude was slavery. 1619 first slaves sold in Virginia, servitude and slavery at the beginning differences were not that clear, wasn't a racial tradition and not bound for life but eventually that changes. Indentured servants that become free means more free whites and shortage of labor which leads to their dependence on slavery. Slavery becomes lifetime thing in Virginia and this idea spreads. 1776 there are 20,000 African American slaves in NY, so not localized in Southern colonies. Virginia was the first set up colony from the English and it was a profit making company, John Smith-- he was an adventurer looking to get rich and successful, mercenary

shay's rebellion

Shay's Rebellion (1786) Farmers owe money to the government, and government will pay the creditors back the bond owners, farmers are the ones who fought in the Revolution and they cannot pay they have no currency no gold, and if they cannot pay taxes they are thrown to jail or called to a city (away from farm) so they are angry. So Shay and friends go to the courts and shut it down, Mass action (that used to be okay before the Revolution, that made you a hero, Sam Adams, 1780s that makes you dangerous This reading account is confused, why rise up and burn down buildings, you don't have to do that just kick the governor out, democracy makes mass action unnecessary ... channel anger into democratic norms, stop threatening and violent instead go to the voting box and write in a newspaper, which was hard to learn, hard to wait for an election year. But must be learned to preserve the state and society.

Insurrection

Slave Insurrections-- also very scared of this and it happened, so they tried to scare rebellion, but this is a society ambivalent about mobs but terrified it could get out of hand and that slaves could do the same thing III. Insurrection Harpers Ferry.. Reading : 1857 using money collected from radical abolitionists, he rented a Maryland farm, from which he planned to seize the nearby federal arsenal at Harpers Ferry. Oct. 16 him and 21 supporters, two were his sons, 5 blacks, 16 whites captured the federal armory, the arsenal, and Hall's Rifle Works, took 60 hostage, thought his actions would provoke a slave insurrection. Local ilitia, joined by marines led by Robert E Lee overwhelmed brown, killin 10 of his men, both sons, one marine died. Brown's trial and execution was substantial, in South his raid served to inflame calls for succession, North he became a martyr, prompting others to take action. .. bystanders are saying the shot random people on the road and he said he did not, he came to free the slaves thinking they are wrong against God and Humanity. That he was justified by the Constitution and the Bible to do this, he has taken slaves from bondage and brought them to freedom. It is the greatest service man can render to God along the Golden Rule, he knows he has many sympathizers in the North. He acted in the cry of distress of other people. He thinks violence is the only way the South will ever reconsider slavery they won't unless they have to. He believes what he did was perfectly justifiable: and he warns the South they better prepare, as long as they have slaves they should expect violence. He only killed in self-defense. He would set all slaves free and the Southern men see that as a threat on their lives, they think if a slave is free they will kill them. What do Brown's captors think of him? How does he see himself? View of law? constitution Fort Sumter Secession: Bombardment of Fort Sumter, 1861- site of the first shots of the Civil War, US Major Robert Anderson occupied the unfinished fort in Dec. 1960 following South Carolina's secession from the Union, when Lincoln announced plans to resupply the confederate General Beauregard bombarded Fort Sumter April 12, 1861, after 34 hour standoff Anderson and 86 soldiers surrendered the fort. Is insurrection lawful or criminal?

slave rebellions --look more to these

Slave Insurrections-- also very scared of this and it happened, so they tried to scare rebellion, but this is a society ambivalent about mobs but terrified it could get out of hand and that slaves could do the same thing NYC, 1712 Stono, SC 1739 Culture, Fear, Religion and Vice Fear Slave rebellions Gabriel Prosser (1801) Denmark vesey (1822) Nat Turner (1831) Clamp down on Slave rights Free blacks Literacy -- the people incharge of the rebellions are literate so they convince they are reading about abolition and this freedom of reading is a problem

Gambling

Sporting life Tie between boxing and politics-- particularly important in England, America, and Ireland. Often free for alls at this time, do whatever it takes, 1830s got some rules, clean it up and more sportsman but still bareknuckle activity until the other person collapsed. Many people went to see this and spirited the age, individualism ideals, and they became connected to Jacksonian politics running on nationality disparities. Nativists versus immigrants, first sporting event transmitted on telegraph is a boxing match Law bars fighting and gambling Land "sports" to seek patrons "Shoulder-hitter" are useful on election day-- shoulder hitter beat up someone who was voting for the other person, both parties engage in this. Protect ballot boxes Intimidate rival voters Unseemly group behavior is boxing. At the center of the developing mass politic in America, how a behavior that so many people hate and make illegal is at the center of this new world. Urban Crisis Goes from 93% rural to people moving to cities, centers for prostitution, alcohol, gambling.. And the law itself is not usually against these things. So we see the development of crime, and crime can often be violent: Example: Ellen Jewett Poverty and vice Five points Prostitution Drinking Gambling Crime: Murder Sin It's an honor culture, publically out defending your purity of family and wife. Distinguish between public and private identity. Public: pure and noble and righteous. Private: insest, rape, child with a slave, dirty deals and origins. And we see this in the Southern politicians, Thomas Jefferson: long term relationship with 14 year old slave etc. Slavery undermines Protestant values: values are the Protestant work ethic through work you get more pious, working hard gets you right with the lord and if you're successful you are a chosen one to go to heaven. But the people who do the work are the slaves, so reverse effect work is not noble, it's what you do low in society. Work ethic Sexual continence: lots of slave rape going on in the society, men have disproportionate amount of power over women Leads to vice Gambling: intense gambling culture in this period, with market revolution increase in this. 1839 riverboat gambler George Devol, ran away 10 years old, 14 years old could stack cards and becomes riverboat gambler and dresses like a planter and wanted to hangout with them dressed as a rich fool people thought they could take his money but no. Olmstead: reporter sent to the North, he is antislavery, talks about them as gamblers, and he's talking to these people, planters who talk about their slaves and their institution, and they talk of slaves as commodity who's price goes up and down and one man was talking about how he had bad luck his slave died. Sense of their ruthlessness, cotton is like gold to them they just want to rip the trees and build cotton on cotton on cotton. Everybody is in the business all gambling on the success of this commodity. Prostitution: slavery corrupts family life for both sides. Slave women are vulnerable and free black women have limited options, and many become mistresses to white men "Quadroon" Law, ¼ African descent, woman appears to be white but is enslaved. So free and enslaved have these balls where they go escorted by moms and men court them and sign contract with them to be their mistresses, money and a cottage but could never marry and sometimes this could go on for years and these men would have two families. And this is so against the claim in their religion. Stowe: abolitionist, but not inaccurate. Lead character Casey: she's a slave as "quadroon" born a slave but doesn't know brought up in luxury with a father who loves her and her father dies, she meets a new man she loves him has babies and wants to marry but he cannot. Friend comes to town in gambling culture, and gets the man (in love with Casey) into debt by taking him out gambling you can forgive this debt if you give me your partner, now she is upset. Then this new man sells her children because her son is disobedient, then sold again and has a child and she poisons the child go to sleep and never wake up. Intent of the story is not nearly to show the tragic situation of mixed race slave but to show how slavery destroys family life, emotional loving relationships don't exist because always corrupted by this power, power of master over slave, power to even sell a child. Not only destructive labor source but it's destroying religious values Americans claim to believe. Turning whole south into brothel, destroying love.

Market Revolution

The Market Revolution America as a colonial economy Farming Upside: independent, lucrative if you have slaves, until 1824 all presidents owned a farm, 90% lived in rural of the population Downside: loneliness, starvation, back-breaking labor if you don't have slaves, out in the middle of nowhere and the roads suck Before 1820 movement was very slow, so people exist in a state of near poverty Home Production Upside: women's work is essential, creative, and valuable, women's work is essential Downside: constant toil, childbirth accounted for 4% of women's deaths in the 1700s and have many children because they need them for work and the child births are very dangerous l Craft Labor Skilled work, usually in cities or towns which follows pattern of upward mobility Local family firms Upward mobility-- begin in their adolescence Apprentice: bound laborer, parents signed a contract to do whatever the master said and they must feed you and give them place to sleep but could punish you or make you leave Journeyman- get the mysteries of the trade Master: if you get enough connections; Ben Franklin is the most famous apprentice who worked his way up; mark twain too worked up through apprentice Transportation Around 1800 people come up with ways to get over the problem of transportation canals Many new canals being made, very powerful effect, with canals lets the development of New Hampshire and Maine really begin, connect them to the world. Integrated national economy developing Financing Construction Steamboat 100 Hudson River steamers by 1840s Enormous impact on trade, they travel faster and are not dependent of wind and can travel upstream! Not just down, now new trade routes, trade up and down hudson river Economic Transformation National market Destroys local monopolies, don't have to just buy local you can get shoes on the market, encourage competition and trends towards mass production. Farmers can sell crops: can sell crops to Europe, farmers can ship to workingmen and workingmen can make shows for the farmers, makes mass production profitable and really encourages ingenuity of the American people, make work sufficient Mass production profitable Division of labor, make work sufficient Machines, early machines used water power, mill wheels and water is unbelievably efficient, they have enormous ingenuity, 1840 first complete spinning and weaving plant in Mass Class Artisan system declines, masters don't need those skilled journeymen as much, so see permanent, semi-permanent class of laborers Farm boys and girls drawn to opportunities in urban factories and construction; all over the world work in factories, canals, construction workers, constitute the Working Class Development of a very new middle class, educated, middle class worker, who receives a wage. Educated workers manage new economy All a sudden the economy demands more workers and there is a rise in literacy, need people to build, navigate transportation, etc. so workers who get wages and are educated. Urbanization New Cities In 1790, two cities with more than 20,000 (NYC, PHL) By 1860, forty-three such cities; boom-towns developing around manufacturing with cities some crime issues.. Conducted to urbanization, urbanization produces distinct forms of crimes, distinct social problems, majority settlers in NYC were men so you see that affect crime too These cities are bigger than ever seen in the US The New Working Class Economic transformation Market Revolution From artisans to wage laborers Sending goods, destroying local monopolies, streamline production, hire unskilled labor, create new machines for transportation and energy to manufacturing. People need access to capital (money) but most people don't have it. Artisans aren't needed. That anxiety makes a society on edge of violence. Dangerous classes Workingmen development of a new working class who moved to the city created by the market revolution and they are preserved as dangerous, also by forming gangs, forming mobs and acting violently, using fists to influence other people. Gangs to backup political positions. Politics Saloons Gangs Violence ;; riots, rallying nativists Astor Place Riot, 1849 people killed over Shakespeare theatre play because they had an English actor, so nativist. Anonymity Mobility is a problem for criminal justice- developing good transportation, brings market revolution but changes people's relationship to society and now have large populations living together who do not know each other and this affects crime. Large anonymous population of people, do not know your neighbors so you can do things you wouldn't do, also can flee when something bad happens. People are mobile bring new crimes Bigamy-- marry two people Fraud-- major problem Escape : P.T. Barnum and his museum, circus thing. Leads to vice Gambling: intense gambling culture in this period, with market revolution increase in this. 1839 riverboat gambler George Devol, ran away 10 years old, 14 years old could stack cards and becomes riverboat gambler and dresses like a planter and wanted to hangout with them dressed as a rich fool people thought they could take his money but no. Olmstead: reporter sent to the North, he is antislavery, talks about them as gamblers, and he's talking to these people, planters who talk about their slaves and their institution, and they talk of slaves as commodity who's price goes up and down and one man was talking about how he had bad luck his slave died. Sense of their ruthlessness, cotton is like gold to them they just want to rip the trees and build cotton on cotton on cotton. Everybody is in the business all gambling on the success of this commodity. Prostitution: slavery corrupts family life for both sides. Slave women are vulnerable and free black women have limited options, and many become mistresses to white men "Quadroon" Law, ¼ African descent, woman appears to be white but is enslaved. So free and enslaved have these balls where they go escorted by moms and men court them and sign contract with them to be their mistresses, money and a cottage but could never marry and sometimes this could go on for years and these men would have two families. And this is so against the claim in their religion. II. Family, women, and work Separate spheres ideology (set of norms put out) Male Public sphere Wage labor: physical, dangerous Government: parties, army Conflict: state of nature Women Their jobs were very much declining, their responsibilities were dwindling, importance to the family was dropping, so really affects the way they work and the way they exist in the home, and their socially constructed "norms" in the home (the expectations their role in society), many women would defy separate spheres but put them at risk. Gender roles change and develop with new economic realities, many liberated from farm labor and home production. Assumption women were weaker and more moral, so participate in church. Those who leave the home or deny marriage they loose status, obey the norms you can be a respectable middle class woman but if not you are on the outside, hated, and rejected, this included going to work. Private sphere Housework: cooking, cleaning Family: childbirth, rearing Love: nurture The rise of the sweatshop Factories and Sweatshops : which is interesting because lots of the mills and manufacturing depended on Women's labor, depended on women's labor from the farms and live in the manufacturing lodging houses, do something until their married, cannot work as a servant those jobs don't exist, pay is very poor sending money to family or saving for future house when they are married III. Prostitution Industrialization leaves young women no purpose Many prostitutes in cities are popping up, biggest men participants were salesmen coming into town. Many worked out of public theatres cut a deal with the theatres and hangout in the upper tear and get picked up by man. Rise in brothels: house of prostitutions owned by respectable people and not in different areas of the city, because prostitution houses were legal as long as the houses weren't too loud and were quiet. McDowell: All According to McDowell How many prostitutes in NYC?: according to McDowell 10,000 , 1 out of every 7 women, 15% below age of 45, don't know exactly but it is a significant percentage of women Who are they?: women from the farms are being sent to the city to learn a trade because they are not needed on the farm, they are like 14, 15, 16 years old and they are going to the city to look for work, and there isn't much work or it doesn't pay well, and there is lots of fun things to do in the city that requires money, he says women in traditional occupations still might be a prostitute because they need the money and have been removed from the rural environment they were living at home, were under family eye and church eye, now you are liberated Why is this a problem?: purity and virginity are value, they are committing a sinful act and the impact is they are going to go to hell: really believe virginity matters, many men will not marry you if you are not a virgin so they cannot get married so they cannot get husbands money or a nice house so they might have to stay prostitute. Also legitimate fear people are wasting money on prostitutes and pleasure instead of bringing it home. Women bound in a form of slavery, they are subject to violence, wasteful, cruel, and the sex is cruel: three men a day sometimes according to McDowell and this is soul destroying, have to get drunk to do this so get addicted to alcohol. What is the cause?: problem is we are not teaching them to be mothers, stop sending them to work and excitement, if mothers they will get married young and will never have the temptation. Also view the men as lost souls and going to hell. Description Thompson What are the causes? Story based upon the realities of the society, she runs away from home because her parents herself are having affairs in her youthful ideals, but finds herself pulled into this situation and cannot leave this man because she will never be respected again, she fell for a pimp, once they have sex and get married these women are bound to him and must do what he wants: some sexual double standards, she can never return to a respectable life but the man who has sex with her can. Tristan Really phenomenal woman, accomplished What are the causes?: women don't have access to education from sexism so they have only option work in a sweatshop or become a prostitute, all the higher paid jobs are given to men, early argument sexual equality will end the problem of prostitution. Poverty of women and wealth of the men produce prostitution, once you have enormous wealth in society bribing someone with money for sex becomes a really real thing, people have a price. We have this problem now, and this is an early problem for them. Wealth helps create prostitution, kind of a socialist She does not have a sex positive attitude, it is ruining these women because sex itself is so destructive and unpleasant What is the solution?: sexual equality will end the problem of prostitution. Causes Unstated causes Money: Poverty of women and wealth of the men produce prostitution, once you have enormous wealth in society bribing someone with money for sex becomes a really real thing, people have a price. We have this problem now, and this is an early problem for them. Wealth helps create prostitution, kind of a socialist Causes: it is an attractive choice for women, prostitutes had money can charge the top like 3-5$ per person and a sweatshop worker made 1$ a week. Exists in part because the trade offs are so enormous Law: most sex is legal in all places, in America, just keep public order, just stay inside and don't upset public streets the police don't do anything about it, and the offenses are small, brother of the secretary of state owns a brothel and someone was killed in that brothel -- huge scandal. Only begin to crack down if like someone is killed in a brothel. Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Risks risks Censure: religious persecution, could become not respected, other women could chose not to hangout with you, don't associate with you and you become isolated from the society, men would not marry them Riots: Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Many riots with police, men target them think they spread diseases and are morally wrong. Wave of riots 1830s throwing stones Disease: prior to antibiotics, no HIV but did have syphilis and could be deadly, would turn you insane, and real chance of contracting it Violence: Jewett was killed. -- read this story: she is a girl from Maine from a poor but respectable family, was working in the house of Maine as a servant and learns how top women are treated, becomes Prostitute in Maine, then moves to NYC and because beauty and her ability to act from top society, she falls in love with Robinson, Robinson loves her but she is a prostitute and he cannot be with her he wants to be rich and marry, we don't know where he was getting his money maybe embezzle because Jewett was expensive and she stopped charging him sometimes, she believed Robinson would marry her, Robinson comes and demands his letters and miniature because he is worried she will blackmail or tell, he kills her with a hatchet and burns her he is immediately taken by the police and this trial is a huge trial in the century. Such an interesting story how people can be pulled into this situation, Robinson goes to trial and the press eats it up, this girl sucked into prostitution and this man too. In Newspaper, Robinson portrayed as a little kid, and Jewett as a sophisticated woman which persuades the jury assumption of diminished capacity, child cannot know what they are doing -- he was 32. And all juries are male at the time and they are clerks too and the lawyers say she sucked him in, threatened him, he had no choice. So more sympathetic to the murderer and not the victim, because system itself was advantage to men who commit crimes to women, Robinson escapes to Texas and changes his name. IV. Moral Reform Societies dedicated to transforming American societies Middle-class religion Second Great Awakening, 1820-40 Revivals draw 10-25k people: revivalism, preachers having like stadium shows, very elaborate New churches: and new moral reform societies, and the backbone were women, they have a lot new time on their hands, husbands out working, so they seek to expand their role in public sphere that naturally feminine should take over, campaigns against prostitution, end alcohol, bring children education, eventually abolition. Beecher Family was example in 1850s. Lyman Beecher most eminent calvinist preacher, son most famous preacher later, and harriet beecher stowe writing uncle tom's cabin, their religious faith required them to change america to purify america. Improve society: Women's politics Women and new movements- engaging in politics, using moral reform to find a place for themselves in the public sphere, they didn't want to remain at home, they had an education and wanted to go out and change the world so they do so through acceptable womanly ways. Anti-prostitution: rescue women, make institutions to give women more opportunities. McDowell opened it and was killed, so the women take over this institution engage in public sphere a bit. Women directly dealt with prostitutes, try to get them different jobs, take children from prostitute places and get them adopted by middle class homes, gather around brothels and saloons pray for the people inside, politics of guilt and would embrace the men and women who keep going in and out. Also remind people they are going to hell, scare them. So use the tools they have with them because they cannot vote. They can deny their husbands sex if they drink, gamble, etc. so strategies to try and deal with the emerging problems in American cities. Temperance Public schools Abolition: lucretia Mott, Sensationalism The perils of commercialism Same economic forces lead to sensationalism: promote sex even as they condemn it. Newspapers promote sex even as they condemn it- can sell by condemning sex allows pictures and stories on prostitution, like Jewett they made that into a mystery like whodunit. Hypocrisy viewing something and then condemning it. Oh look at this horrible thing that happened and buy this paper. 1820s, 1830s, America is most literate, we have the mail. But all pitched in a moralistic way. Market reshapes crime and justice Class Poverty prostitution Growth has an effect on people's behavior, in this it changes gender roles, major problem for government concerned with moral dilemmas, contempt or sympathy

professional police

The Modern Police is a whole Lecture: II. The Birth of the Police -The police in this society did not exist, which was a problem. Did not have the capacity to deal with the crime problem in front of them. The Old Regime Night watch : They were groups of amateurs "policing" the street, no training, sometimes if paid, paid very little. Thief taker- not real common in US, mostly in England. But "private detective" hired when someone took your stuff and was given a reward. Legendary thief taker: Jonathan Wild the problem was his method for getting information was to have close relationships with all the thieves so he can get your stuff back he would hire thieves to steal stuff and would get it back for you, so master criminal, chief of crime. Constable : we do have constables in US, NYC most famous one is High Constable Jacob Hays- man who could capture thieves, unarmed, worked less by force then by gile he learned the criminals and got information from other criminals. Close ties to the underworld constable for 5 decades. 1860s a crime system that relied on one man who wasn't armed was not possible anymore. Insufficient. English Precursors US behind in the industry of high cities and industrialization while English was the best at this, they began engaging in crime before. Sir Robert Peel pushed for London to found the metropolitan police. Read about this in the reading Gazette: features detectives and regular officers "patrol men", they don't wear a uniform because they need to sneak around, trying to solve crimes. Detective function separate from policing function. Seeing systemization with badge and uniform, responding the the public. :: Division Detective function separate from policing function. Centralization Police used to be responsible to their particular ward, neighborhood, now there is greater central control on what the police do. They have rules for their job. A code on how to behave, things to do and not to do. Expansion Need police that match the size of the influx of population in the cities, you need more eyes on the street. Professionalization Can move up, expected to have this is a career, not just something you did and moved on. Encourage people to be experts and do this their whole life, have ranks, so you can move up and get paid more so incentive to be good and not be bad. Actually being paid, before they just received tips for solving crimes, no you have to pay them every week and give them a wage. Go to a system, from amateurs to professionals. Give them training prevention Focus on preventing, preventing crime. This is a new idea, idea of stopping crime before it happens by having men out on the street. Boston first tries this then NYC. American Reform NYC becomes representative of this new move, increase patrol men on beats, hire from different ethnicities signed to specific districts. "Assign to own areas" to help with local knowledge. Make the job full time and salaried, centralized functions. Also begin arming the police. Access to firearms not just billy clubs. New police uniform. (other cities slow to adopt uniform) Scope Visibility professionalism Argument against police a uniform reading: visibility is a bad thing because police can blend in and make an arrest. Also compare them to the English police (how much US hated the British at this time in the US, "twisting the lion's tale" get people riled up say "we don't want to be like England", because Revolutionary war and 1812 war and they were our biggest competitor, also influx of Irish immigrants hated England too for colonization.) Uniforms are undemocratic and are aristocratic like England because the idea of society with ranks bugs people in the US, we wanted to get away from that. Also inherited opposition to a standing army seen as a threat to democracy, armed men in uniform will suppress our freedom maybe have a coup. Some police opposed uniform: because they might drink and hangout and in a uniform everyone will know, sleeping on the job, worried they will be accountable all the time. These are arguments why people wanted the uniform too, so arguments for the uniform: uniform will create sense of honor, of team, they will be more accountable and perform better. Idea is people don't know a cop is around, you want a police officer when you need help so need to be able to identify, also a deterrent to crime because you can see people watching at all times there is a presence which discourages behavior. Reality is we give respect to uniform, represent this sort of team. Begin making rules: no drinking on the job, no sleeping on the job, getting people hired with "certain look" physically in shape or mustache, had to use a fork.. Try to professionalize the force and behave respectable. Putting up bonds and if you act bad it goes away. The Detective Deal with the problem of unsolved crimes, police in secrecy with disguise, they play the criminals game and attempt to understand the criminal mind Most famous: French detective Eugene Francois Vidocq Reading on the detective: wealthy family has a burglary, they suspect that it's the servants, but the detective comes and tells them otherwise, he goes in and notices it's a "cat-burglar" maybe servant tipped them off, but his ability and skill is deduction: he knows a lot about crime and criminals and strong logical deduction skills which is key to detective. "The Purloined Letter": Poe is inventor of the mystery, creates mystery detective story: a high official in government had a relationship with a woman and the letter has information in it that will get them in trouble; first police search for it and use all of the tools of science but Poe is arguing for deduction and logic is the key and science fails, what works is getting into the mind of the criminal. Invented the idea of diversion, has people yell fire and commotion in the street, so the detective goes in and gets the letter hiding in plain site. Disturbing to us because he is a private detective he is not by the government, he did not get a warrant he tricked the guy and broke into his house and got the letter. Potential to be problematic they are given lots of power and authority that can be abused. Invisibility: disguise Profiling science Theory and Reality -Prevention The panopticon Old system was just catching people who already committed crime. Now seeing trying to prevent crime: Reading Chief Shadows on how to prevent crime: Secret police Chase the criminals out of town, literally shadowing criminals following them around and harassing them to leave town Panopticon effect that you are always being watched and someone will see the crime that you do "In many instances they become alarmed unknowing they might be picked up by the shadows and leave the city" reflects disrespect for civil liberties to us. Class Class control: this new system comes from working men want there to be control over people, become protectors of the public interest in regard to poverty, urban safety net for urban people Social work Secure buildings Find children Lodge homeless- homeless, alcoholics, etc. could lodge in a police station. Consequence: police station becomes horrible messes but has idea that state is taking greater responsibility for what happens to people. Repression: of working people, crush protests and dissent, these are problems with growing police influence. Chicago Lager Beer Riot, 1855: close salons on Sunday's was being advocated, which was the only day workingmen could go to the tavern that's the one day they have off and tavern keepers do not like this. Boon led this, he is a nativist and know nothing, so German and Irish immigrants not happy about this newly proposed laws. They see the corruption and unfairness, mass protest, police try to stop protestors and shoot them, represents ability police do enormous harm and suppress protest. Brutality With development as police means police brutality Sweatbox Third degree Sap or blackjack Beat them until confess, sweatbox torture, Police: Alexander "clubber" williams had 400 complaints against him, he clubbed people so much, and he got his power and money. Policing the "vice district" you could get really good bribes in the bad districts. Bragged about the bribes they are given. Idea was protect public order not the rights of the defendant. Politics This is deeply tied to politics, police are politicized, many wanted state police no central, police become patronage sign: break down of order in NYC clark says get rid of municipal police idk.. Gangs fighting alongside police, police fighting each other eventually with state winning and clark. See eventually power restored to the local level *** reform is important word. Maybe policies introduced are good, but there are always winners and losers, one persons reform could be another corruption and tyranny, hostile to democracy. See a society that has real problems. That society chooses to create uniform police force. But don't rationalize what happened. This act of creating police did not look at root problems of antebellum crime, failed to stem corruption, created real possibility armed force of people with arbitrary power, new problem police brutality.

US Constitution

The US Constitution Pertains protections for the public : Trial by Jury Habeas corpus (know what you are being charged with) Ban Ex Post Facto laws- cannot arrest someone for doing something before it was illegal Baring bills of attainder : you cannot make a law signaling people out, English did this a lot. The Constitution Federal Constitution 1787 Hamilton and Madison look at Shay's Rebellion and think we need a new constitution, need a way to stop this. Stronger Union so that we don't destroy ourselves, need federal power, strong central government to deal with challenges, create new authority to replace British crown, We need some centralized power or else constant rebellions. So create new government with larger power in: (limit state legislatures and ...) Hamilton and Madison just did it, just framed a new government, Constitution was enacted and passed by all state legislators but initial construction was independent from the people. Army Tax power Contracts Property Fugitive slaves Bill of Rights (1789)-- came later.

"Unwritten Law"

The Unwritten Law The law was a lot more lenient on men to act in "defense" of their family honor Courts acquit men who murder their wives' lovers.. Perceived as self-defense, because they are destroying my family and invading my household, catch is: you can only do it when surprised and when the insult is fresh (not like 10 years later) discourage men from seducing other men's wives Self-defense extends to the family, home, and property Sickles jury: shows this prevailing belief, this Harper's magazine, that Sickles was innocent and within his rights to shot key because he was sleeping with his wife, most natural revenge, it was his right and good for the public that seducers hurt. But North and South are different from each other right now on violence so attorney of Sickles went and said he acted in a moment of insanity (first legal argument for this)... and the prosecutor tried to say that wasn't true he cheated on his wife all the time, but the court would not let him do that because to keep up Sickles reputation (double standard)

Honor

Under Southern Justice -It's an honor culture, publically out defending your purity of family and wife. Distinguish between public and private identity. Public: pure and noble and righteous. Private: insest, rape, child with a slave, dirty deals and origins. And we see this in the Southern politicians, Thomas Jefferson: long term relationship with 14 year old slave etc. Virtue and Violence II. Honor A. Notions of Virtue -Honor Culture: peggy eaton and pres. Andrew jackson-- accused she cheated on her first husband in the Navy, created enormous tension between Calhoun the VP and Eaton and his wife, they were slut shaming Peggy Eaton, Jackson sided with Eaton because he himself was subject to this gossip in his marriage and he pushed Calhoun out of the cabinet. Men: self-defense, independence, control.. Physical violence and self-defense, and defend family against insults and reputation snags and that's how you are a true man Women: chastity, piety Mixes with democracy, notion of honor mixing with democracy, politicians responsibility respond to smites with violence ... but clashes with that new morality with the second great awakening Clashes with religion.. Violence as disturbing and unsettling.. Brings us to the Kentucky Fight .. very much notions of virtue with the immigrants from ireland and scotland Kentucky Fight: guy comes into a bar, he is from the North in New York goes to Kentucky Bar, he is a male evangelical because he refuses to drink hard whiskey. The men are coming from an election from a stump speech, he's a real republican real man of the people not fancy girly man, real average joe. So they come in and bust on this Northern gentleman, they thrust the alcohol at him try to tell them to be gentlemen and the kentucky men don't like that, and they see it as an insult that he won't share whiskey with them, if we drink and share we will be on the same team accept our generosity. So they fight, northerner shots him which they were shocked about then they set terms for the fight and they allow gouging (gouge out someone's eyes), then Northerner takes shirt off and the other guy is shuttering because he has such a hairy chest and they start fighting (which is brutal) Northerner grabs his neck flesh until his tongue comes out the Southerner gives up, and now that we fought and you kicked my ass lets all hang out. Showing Northern and Southern division: fighting, stumping, see below us in the North, South and West still do this behavior. But North is scared, they don't want to be "wusses" show they are real men, insecure, if they have to fight they will.

Free Speech

Under lecture: Virtue and Violence: Religious revivals of 1830s, same revivals conclude to Northerners violence is wrong, make fighting less socially acceptable. Lots of Northerners starting to see violence is wrong. And they see violence as inflicting on people's free speech, speaking out for abolition brings violence onto you. So suppress violence. The Laws of War Civil Liberties: all being contested. American Bastille- reading Military prison in France, kept the political dissenters during French Revolution, Noah was lawyer, journalist, and in the army, he had been a democrat and became republican serving in US army but leaves because he got sick. He's arrested thrown into military prison, not told of offense and not given a trial.. Showing suspending of rules long time established in the US, he cannot get counsel, holding him against all American rights. He is son of famous democrat but he fights in US army in Union Army, so political stunt his dad was famous journalist democrat. In jail he reaches out to a journalist and they send word back to his wealthy NY family, so they release him because the family makes big fuss about it, conditions: pay bond to NY state, into a holding account and if you violate the bond they take your money, huge incentive to behave well, he is not given clothes, money, has to find his own way home. Violates basic rules in the US, but this is a time of war. Worried against dissent on the war effort and civil liberties threatening to the war effort. Both sides suppress free speech, habeas corpus, civilians could be tried in military court.. Going against values.. Both sides adopt these policies Antebellum period: B. Riots: Riots in Philly Pennsylvania: Europe was racked with religious wars Catholics versus Protestants and in America it is a little less but still has this problem. Philly dominated by Protestants and there is a Catholic Church there they don't like and they write how much they don't like it in their nativist newspapers. Anxiety Catholics getting involved in politics, and worried that Catholics would take the bible out of the school. Disagree on what children should be taught and disagree on the bible to be read in school. There is a rumour that Catholics are stockpiling arms in the church, they demand to see the arms, more threatening makes Catholics need to take up arms in self-defense and both sides getting more anxious. The mob control the judges, police, prosecutors, so democracy has the affect to protect the rioters who are the majority. Story published by the pennsylvania freedmen abolitionists, who care about the catholics with their church destroyed, but really are worried about that people do not really have the freedom of speech right now, abolitionists have been subject to mob violence too, everytime they speak they will have things thrown at them and people picketing and threatening you. If people attack you on that there is no free speech for you, so if we do not reign in this violence we cannot change politics on the issue of slavery because everytime you speak out against the majority how are the minority ever going to get recognized without being shut down. The judges working for the majority. Political system that protects the violence, the mobs, the harassers.

Helen Jewett

Urban Crisis Goes from 93% rural to people moving to cities, centers for prostitution, alcohol, gambling.. And the law itself is not usually against these things. So we see the development of crime, and crime can often be violent: Example: Ellen Jewett Law: most sex is legal in all places, in America, just keep public order, just stay inside and don't upset public streets the police don't do anything about it, and the offenses are small, brother of the secretary of state owns a brothel and someone was killed in that brothel -- huge scandal. Only begin to crack down if like someone is killed in a brothel. Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Riots: Man killed Ellen Jewett who was a prostitute because he was worried she would tell on him and he could not marry the wealthy women in connecticut, Jewett became affluent but she was an outcast. Many riots with police, men target them think they spread diseases and are morally wrong. Wave of riots 1830s throwing stones Disease: prior to antibiotics, no HIV but did have syphilis and could be deadly, would turn you insane, and real chance of contracting it Violence: Jewett was killed. -- read this story: she is a girl from Maine from a poor but respectable family, was working in the house of Maine as a servant and learns how top women are treated, becomes Prostitute in Maine, then moves to NYC and because beauty and her ability to act from top society, she falls in love with Robinson, Robinson loves her but she is a prostitute and he cannot be with her he wants to be rich and marry, we don't know where he was getting his money maybe embezzle because Jewett was expensive and she stopped charging him sometimes, she believed Robinson would marry her, Robinson comes and demands his letters and miniature because he is worried she will blackmail or tell, he kills her with a hatchet and burns her he is immediately taken by the police and this trial is a huge trial in the century. Such an interesting story how people can be pulled into this situation, Robinson goes to trial and the press eats it up, this girl sucked into prostitution and this man too. In Newspaper, Robinson portrayed as a little kid, and Jewett as a sophisticated woman which persuades the jury assumption of diminished capacity, child cannot know what they are doing -- he was 32. And all juries are male at the time and they are clerks too and the lawyers say she sucked him in, threatened him, he had no choice. So more sympathetic to the murderer and not the victim, because system itself was advantage to men who commit crimes to women, Robinson escapes to Texas and changes his name. The perils of commercialism Same economic forces lead to sensationalism: promote sex even as they condemn it. Newspapers promote sex even as they condemn it- can sell by condemning sex allows pictures and stories on prostitution, like Jewett they made that into a mystery like whodunit. Hypocrisy viewing something and then condemning it. Oh look at this horrible thing that happened and buy this paper. 1820s, 1830s, America is most literate, we have the mail. But all pitched in a moralistic way.

Jeremy Bentham

Utilitarianism Government should seek to maximize happiness, minimize unhappiness Jeremy Bentham fought for utilitarianism, Opened a school for people who weren't just part of the Church of England. Bentham reading: talks about making a new penitentiary or house of correction. Purpose to reform, repent one's sins and be reformed. The Panopticon - circular facility, or semi, prisoners in the cells and tubes lead into the facility with mirrors on the end so people can see into the facility, reduce the need for more jail keepers (part of jail reform in this society is to save money, they don't have much money) but also created a philosophical idea, idea that people imagine they are being watched. Prisoners control behavior for fear of being seen, caught (go speed limit possibility of being watched) so he is replicating the religious aspect that God is always watching, it doesn't matter if there is a guy in the middle watching you, just create idea you are being watched so stop you from doing things. Cut costs, fewer inspectors:: want to save money convince being watched even if there is no one in the center at all Model: omnipresent GOD Recreates religious fear

public opinion

Virtue and Violence IV. law -The Law of Public Opinion: Most Jacksonian Era refused to try politicians with murder, it's an affair between gentlemen law does not get involved . Darnes was asked to pay a fine from the courthouse, pay the fine and leave an honorable men. But this case was unusual, because he was brought to trial at all (even though he wasn't charged with murder or anything). Honor obligates men to respond But 1st Amendment limits libel suits, very restrictive so men felt they had no other means against attacks but physical. (like idea of fighting in North American hockey to stop cheap shots, and this is what people believed in 19th century, they thought no legal ways to defend themselves against cheap shots in the press unless physical) Turn to physical retaliation Andrew Jackson roasted by public opinion

Witch trials

We see in the American colonies they try to coerce order, see the same in witchcraft trials, fewer than 30 "witches hung" in Mass (lots more in England) anxiety regarding gender and order. Purpose: establish order not just to behave but order, social hierarchy, not enforced harshly because goal keep working and survive, but gains the seeds of democratic society

Henry David Thoreau

What is Thoreau's critique of democratic change? Reading That he is determined not to be part of a government that supports slavery, he won't pay his taxes or support the war if it just mean admission of more slave states.

"third degree"

With the development of police means police brutality: "Third Degree" Sap or blackjack Beat them until confess, sweatbox torture, Police: Alexander "clubber" williams had 400 complaints against him, he clubbed people so much, and he got his power and money. Policing the "vice district" you could get really good bribes in the bad districts. Bragged about the bribes they are given. Idea was protect public order not the rights of the defendant.

Rev. John McDowall

Writes about problem of prostitution in NYC McDowell: All According to McDowell How many prostitutes in NYC?: according to McDowell 10,000 , 1 out of every 7 women, 15% below age of 45, don't know exactly but it is a significant percentage of women Who are they?: women from the farms are being sent to the city to learn a trade because they are not needed on the farm, they are like 14, 15, 16 years old and they are going to the city to look for work, and there isn't much work or it doesn't pay well, and there is lots of fun things to do in the city that requires money, he says women in traditional occupations still might be a prostitute because they need the money and have been removed from the rural environment they were living at home, were under family eye and church eye, now you are liberated Why is this a problem?: purity and virginity are value, they are committing a sinful act and the impact is they are going to go to hell: really believe virginity matters, many men will not marry you if you are not a virgin so they cannot get married so they cannot get husbands money or a nice house so they might have to stay prostitute. Also legitimate fear people are wasting money on prostitutes and pleasure instead of bringing it home. Women bound in a form of slavery, they are subject to violence, wasteful, cruel, and the sex is cruel: three men a day sometimes according to McDowell and this is soul destroying, have to get drunk to do this so get addicted to alcohol. What is the cause?: problem is we are not teaching them to be mothers, stop sending them to work and excitement, if mothers they will get married young and will never have the temptation. Also view the men as lost souls and going to hell. -Anti-prostitution: rescue women, make institutions to give women more opportunities. McDowell opened it and was killed, so the women take over this institution engage in public sphere a bit.

Adultery

mass bay: Actually they were not prude people, society was intolerant of non creative sex, no fornication and adultery

American revolution

merican Revolution that depended on mobs seeing that problem continue in antebellum era (era before the civil war), potentially corrupting the body politic, Revolution and Republic Total transformation in authority, government in America. Rejecting the idea the King is the ultimate authority, 1700s colonies grow in size and economy and they have discontent with British Authority and look at themselves for their own authority justified by the people. Seek channel popular discontent and ride it to Revolution, crown tries to crush this. Back and forth promote law and order and ride the anger to revolution and new government.. Rides popular dissent and violence and then after try to clampdown on this. Ideology Enlightenment Humanism, rationalism Beginning in the Renaissance extending into Great Britain, Humanistic Revolution focus on people not just Bible you see human subjects, focus on human beings, rejecting some religious values and looking to Ancient Greece and Rome for science, social study too the study of human behavior, interested in improving government Liberalism Social contract, limited government, rights School of thought in 17th c england leading was Locke, Locke was a Puritan but celebrated equality, toleration, and rights. His idea of limited government, should not have infinite power, humans have rights the government has no place in, leaders power are not from God and government right is not from God it's from people people create a government to protect the areas where the government cannot go to impede on our rights. He was building off of ideas people were having especially Puritans they already had Mayflower Compact. Republicanism Public welfare, civic virtue: not to promote religious order but government must promote people are happy and healthy. Revolutionary ideology, community idea government purpose is protect the interests of the people, people should participate in government so that they can keep a government, looking to ancient Rome. See the public as absolute, necessity of public regulation Utilitarianism Purpose of government is to maximize happiness, Puritans overthrew the King in English Civil War, so growing unease of tradition and traditional authority. Idea that government should promote the interest of the people, the wellbeing and the happiness is utilitarianism.. Which the Puritans did not believe in, people need to live according by God not by happiness, maximize the happiness of society is a government they believe. All these ideas in the air Changing times: Economy, Society and Government Expanding economy in the colonies Growing population, wealth and freedom enjoyed by the colonies became greater than that of the people living in England. Colonies become central for economic development for the mother colony. Producing more goods than England but giving money to the mother country. Number of property holders grows because they are becoming more wealthy and can own land, so expect to participate in government with land. Cultural diversity Religious revival Large number of slaves, also Germans, Dutch, Scots-Irish much more diverse place people want to maintain their religion not bow to the Church of England, which leads to the First Great Awakening-- enthusiastic about religion and question British crown authority. Government Local democracy Britain did allow this, local self-government, had right to tax regulate trade, religion, and the courts established and seems like it is today and in-time Imperial control starts to push back on local democracy Vs. Imperial control The colonies were not represented in the imperial courts, which was unfair, and they were in control of foreign matters in war and trade. 7 Years War (first world war) what matters for us is the fight to control the Ohio River Valley and want the British to put troops out there and England said then you will pay the price and taxes and the Americans don't want to pay it and they have no say in the taxes they pay, have no representation in Parliament. The Popular Will Ambivalence Mob Justice-- very much an ideal of the time Tear down brothels- sailors would do this and was just accepted Scourge criminals Slave Insurrections-- also very scared of this and it happened, so they tried to scare rebellion, but this is a society ambivalent about mobs but terrified it could get out of hand and that slaves could do the same thing NYC, 1712 Stono, SC 1739 Massacre Boston Massacre (reading) Start making rules for political violence and anger and this is the first example. Four Killed Soldiers Tried John Adams defends Taxes imposed, colonists don't want to pay and have differences with tax collectors so British send troops who most live in people's houses and Boston is even more annoyed. Tensions between working men and the troops, and the ropemakers and soldiers had tension keeps coming forth in forms of challenges, challenge to a boxing match and started bubbling over this night. Colonist started throwing ice balls, and people get shot. Trial: another form of participation and early democracy, body of citizens chose if someone is guilty; a form of the rule of law is how specific it is, protection for the victims, specifics is a protection, charge someone with specific is what defendants want, vague charges are hard to disprove. Shows it's a society much more serious and intent on giving protections to the accused than had existed before. Cannot just charge someone with vague crimes. Attorney is John Adams; give them the best chance they can, Adams himself is an avatar for the principle of the rule of law in America, everyone deserves a fair trial and everyone deserves the same protection of law. It doesn't matter what your political thoughts are, the law is the law and the facts are the facts and Adams says that. And the facts are, these soldiers were attacked. Riding the Mob Organizing Mobs Samuel Adams justifies the mob action, Boston Tea Party, 1773 :: sam much more radical and he encourages mob actions. Adam's goal was to give them a justification for opposing Parliament, encourage that anger in a "positive" direction. Do actions that will be powerful, symbolically or politically. Revolutionaries channel anger into non-violent forms Boycotts "The Alternative of Williamsburg" 1775 in West Virginia refuse to sell tobacco until given laws they deserve. But.. to get merchants to sign the pledge they used intimidation, making the merchants sign the boycott But Threats remains .. still beginnings of democracy not supposed to be harmful but a boycott, tension order and rebellion, mob action and law Legal Revolution Lawful Revolution With what does Jefferson charge the King? Declaration of Independence 1776: it's people's right to form their own new government if the one they are under has been corrupt and not taking into account the individual's happiness and rights Charged: he has ignored our laws, depriving us trial by jury, imposing taxes without our consent, cutting off our trade with the rest of the world, taking away our laws and forms of government, suspended our own legislations, keeping occupied troops in the colonies even in peacetime, accused him of piracy and kidnapped our sailors, obstruction of justice ... reading Why? Why does he charge him with all these? Show: I'm not the traitor you are. And this is scary to fight against the king, bad things would happen to you, so to justify this turn to law, King is the traitor you are breaking laws so fully we are justified in fighting a Revolution, the King is a criminal, King is not enforcing the laws and is acting in a criminal way. "Lawful Revolution" we are the vessels of the rule of law. What theory of government does he propose? Enforce the will of the people, built on Social Contract Locke, and calling for public participation. Restoring Traditional Authority Unrest (after the Revolution) Mobs become illegitimate, Revolution was attack on authority that presumed the order. Scared nation would fall into chaos so they stopped mobs, not expression of popular will they are conspiracies that need to be put down now. Seek restore rule of law. Slavery Jefferson's words are contradictory, he owned slaves! Many founders sided with abolation, after Revolution or before states freed slaves to encourage them to fight with the colonies and then states after Revolution begin to put restrictions on slavery and give some freedom, revolution seeming inconsistent with slavery. War Debt Economic crisis, booming but volatile colonies. States had large war debts, many colonists had bonds but concentrated with economic elite who bet on the success of the war and they are getting anxious the nation won't collect the taxes to pay those bonds back and it's bad idea to make the elite of a new nation mad. Currency Shortage Clamp down on inflation, coins the hard currency is in short supply, terrible problem, if people have no currency they cannot pay taxes, people don't have the gold to pay taxes. Shay's Rebellion (1786) Farmers owe money to the government, and government will pay the creditors back the bond owners, farmers are the ones who fought in the Revolution and they cannot pay they have no currency no gold, and if they cannot pay taxes they are thrown to jail or called to a city (away from farm) so they are angry. So Shay and friends go to the courts and shut it down, Mass action (that used to be okay before the Revolution, that made you a hero, Sam Adams, 1780s that makes you dangerous This reading account is confused, why rise up and burn down buildings, you don't have to do that just kick the governor out, democracy makes mass action unnecessary ... channel anger into democratic norms, stop threatening and violent instead go to the voting box and write in a newspaper, which was hard to learn, hard to wait for an election year. But must be learned to preserve the state and society. Conditions The Constitution Federal Constitution 1787 Hamilton and Madison look at Shay's Rebellion and think we need a new constitution, need a way to stop this. Stronger Union so that we don't destroy ourselves, need federal power, strong central government to deal with challenges, create new authority to replace British crown, We need some centralized power or else constant rebellions. So create new government with larger power in: (limit state legislatures and ...) Hamilton and Madison just did it, just framed a new government, Constitution was enacted and passed by all state legislators but initial construction was independent from the people. Army Tax power Contracts Property Fugitive slaves Bill of Rights (1789)-- came later. The Clampdown Big question raised with Shays Rebellion, farmers used whiskey as currency and whiskey was a famous American drink so when the government taxed it to pay for the war debts, messes with people's lifestyle and economic livelihood. Initial reaction was mild, 1791-93 handful of taxpayers were threatened and Hamilton saw this as a threat for his authority so he clamped down 40 men attacked the tax collectors, 100 generals house, 500 burned mansion to the ground, marched through pittsburg and went home. What crimes did the rebels commit? How does Washington justify crushing them? Washington sent militia to stop this, even though they went home They represent a genuine threat to the state, threatening to government and democracy, we have to crush them. Decides to show overwhelming force, but these guys have already dispersed, won't arrest anyone but just showing power of the state. This behavior is not tolerated anymore because we need to run a democratic government here. Revolution is over, time to participate in nonviolent fashion. Many people who fought in the Revolution, wanted a more expansionary definition of freedom, women and slaves wanted freedom, but leaders are more ambivalence, when war is over they act reactionary believed that the experiment of this nation was to suppress opposition.

Margaret Douglass

society, slavery, and hierarchy religion: -Margaret Douglass case: women trying to reform, but in the South not the North. She wants to teach children, because there are no school for free black children to attend. She wants them to live productive lives.. To an extent. But she wanted them to be able to read the bible and their religious texts, Protestant religion stresses your individual understanding of religion and the Bible. Mayor says you cannot do that, law demands you cannot teach free blacks. She is not an abolitionist, she has owned slaves, not opposed to slaveholders (may be part of her defence) Saying these children are not brutes, they are humans with ability to do good and evil racial liberal for her time and place and she thinks mixed race are treacherous and she knows white men are raping and the children she is opposed to. She is racist, but complicated and reflects time and place. Jury decides she is a nice woman not seeming to do any harm trying to help these people get right with the lord decide only fine a dollar. But the judge overturns that, worried free blacks reading they might read abolition and maybe Declaration of Independence, gain knowledge and reject the system you are supposed to believe, and worried if don't punish her other people will commit this crime. He is aware of the religious argument, trying to turn them into good Protestants. Bible reading isn't the key to get into heaven, most of our society cannot read because there is no public education or education in the churches, big chunk doesn't know how to read so it's not the key to get into heaven... logic going in opposite direction not in favor of more education. She gets a lighter sentence because she is a woman, they celebrate white womanhood, see her more tender

Prison Reform

there is literally an entire lecture on this Reform, 1776-1840 Incarceration began as an experiment, and it is not uniformly positive, some argue it is too cruel, move from corporal (body, physical) punishments to punishments on the mind. The Old Regime Punish the body Make them regret, shame the offender, in public, example for the community, reasons: chronic labor shortage so inexpensive and allowed people to work. (prison costs money). Mixed Jails -- exist primarily to hold people for trial, unsegregated jails on the type of crimes and types of people, all put together in a jail cell. Led to all kinds of problems, sex and violence, and worsened the jailers were often paid little so made salary by taking bribes from people, sell them liquor or prostitutes to the criminals. Women Children Debtors Mentally ill Felons misdemeanors Tufts -- reading He stole some silver spoons, sentenced to death by hanging later. He gets an attorney and a jury, basic procedural protections even though this is an early time. (half people sentenced to death don't get killed because labor) So they send Tufts to an island prison, used to be a military fort/castle they turn into a prison. Very diverse group of people in the jail, unsegregated. (reforms to separate criminals, so felons don't teach the misdemeanors, or rape the women or children, step to reforming the criminal). There's basically no one watching him so he is just chained up, he tries to escape but the walls are too thick and they put him back The Reform Impulse Reform the jails and the way they treat the criminals. Religion Great Awakening in Europe and North America, celebrated the individual to determine good and evil, counter to the scientific revolution but leads to same results people calling for a better system. These religious people formed churches and schools. Evangelism Great Awakening in Europe and North America, celebrated the individual to determine good and evil, counter to the scientific revolution but leads to same results people calling for a better system. These religious people formed churches and schools. Quakerism "Society of Friends" bubbled up, founded by George Fox, religious doctrines took from enlightened thought, everyone can find the divine light without a minister, everyone has an inner light a little piece of God in them, so anti-authoritarian didn't need a minister or a priest. Specifically Egalitarian want equality of sexes and races, women could give religious testimony, becoming first abolitionists , believed in the possibility of redemption they can find their inner light.. So punishment should lead to that redemption. Everyone can be reformed. Quakers become predominant religion in Pennsylvania after the Revolutionary War. Want make it ideal common law. Enlightenment Scientific and rational values, values of liberalism, government human made, when government does not work for the people people have the right to overthrow it and make a government bound to protect them. Values Liberalism Humanism: concentrate on humans and material world the government should. Law should be determined by what's good for the people. Guided by law and experience, correct answers to questions can be found by studying the material world instead look to the Bible or religious scholars. Rationalism Science Cesare Beccaria Leader for reforming the jails, from Northern Italy, decides write a work on crime 1764, "On Crimes and Punishments" everybody read him then. To understand him you need to understand three main ideas: Free Will-- humans have free will, have the ability chose right and wrong Rational manner- humans can be rational Manipulability- if we pass good laws we can convince people to do the right thing, you were creating laws that were irrational, crime is not from the sin but combination of selfishness with irrational outdated laws. So many laws keep us from doing what's in our interest but deemed immoral: example: any law against victimless crimes: sex to people they aren't married to, so get rid of that law. Goal: get rid of these old laws Have radical potential, get away from torture and irrational punishments, they don't work. Push for checks and balances, separation of law and fact. Right to choose one's jury, that the criminal justice system should be a system itself. Utilitarianism Government should seek to maximize happiness, minimize unhappiness Jeremy Bentham fought for utilitarianism, Opened a school for people who weren't just part of the Church of England. Bentham reading: talks about making a new penitentiary or house of correction. Purpose to reform, repent one's sins and be reformed. The Panopticon - circular facility, or semi, prisoners in the cells and tubes lead into the facility with mirrors on the end so people can see into the facility, reduce the need for more jail keepers (part of jail reform in this society is to save money, they don't have much money) but also created a philosophical idea, idea that people imagine they are being watched. Prisoners control behavior for fear of being seen, caught (go speed limit possibility of being watched) so he is replicating the religious aspect that God is always watching, it doesn't matter if there is a guy in the middle watching you, just create idea you are being watched so stop you from doing things. Cut costs, fewer inspectors:: want to save money convince being watched even if there is no one in the center at all Model: omnipresent GOD Recreates religious fear Evangelical Reform in England John Howard-- captured by French on a ship and was shocked by the conditions and wanted to reform the prisons. He went and examined the English prisons, to inspect the prisons when he got out, published a report The State of the Prisons, and made suggestions from his studies on incarceration solitary instead of whipping Public Penitentiaries Salaried wardens Clean clothing Segregation by offense Health care- and church Chaplains - give work to battle sin of idleness Quaker Reform Shift from public, sanguinary, and corporal punishments to imprisonment Arguments Destroys shame No repentance Mark leads to recidivism Engenders sympathy Self- destruction : don't want people to commit suicide, sin All pitched to the idea of reforming people. Dr. Benjamin Rush- he is a Quaker Returns to Pennsylvania, begins treating the poor and came up with theories for treating the poor, body has two forms health and morbid, famous because other doctors wouldn't even try to save people from Yellow Fever, he tried to help them even though it's not the right thing to do but he was going to risk his own life to do this, he even signed Declaration of Independence. Sets up first institution free medical care to the poor, and one of the first proponents of abolition, began American Temperance movement, discourage really drunkenness, he's a humanitarian. And first to take mental illness seriously. He argues against public punishments and sanglitary punishments -- punishments that mean blood letting (but he does that in his medical procedures) He argues public punishments is people show up to see you get hanged and you get famous, and people will do anything to become famous, even do crimes. Idea that when you alienate people, brand them, public shame people won't associate with them anymore so that will make them want to commit more crimes, if cannot get hired or anything do crime to sustain yourself. Eliminate that shame you can rehabilitate, reform people so they can again enter society later. And physical punishment too short, need long enough punishment for people to be able to think about what they have done, new idea. Also people might want revenge, you hate the public, have a strong agenda you'll try to take revenge. III. Limited Government Pennsylvania Becomes center to reform America's justice System, we see this in the Commonwealth C0nstitution of Pennsylvania written by Ben Franklin Right to a fair trial, know what you're accused of habeas corpus, speedy trials, by jury (assumptions of what you got in England society, but he is now putting it into an established document) Cross-examination Habeas corpus Speedy trial Self-incrimination - don't have to testify against yourself Capital crimes Penitentiaries : person can reform these are established Embodies the principles of Republicanism - idea people participate, act like a good citizen, protection of the public The US Constitution Pertains protections for the public : Trial by Jury Habeas corpus (know what you are being charged with) Ban Ex Post Facto laws- cannot arrest someone for doing something before it was illegal Baring bills of attainder : you cannot make a law signaling people out, English did this a lot. Bill of Rights Filled with rights for the criminal defendants, contains rules that are part of public order 1st - assembly, protest Second- right to bear arms Fourth: search and seizure Fifth: self-incrimination, double jeopardy (cannot try someone twice for same thing) Sixth: speedy trial Eighth: No excessive bails, against cruel punishment Clearly concerned with abuses of criminal law and criminal justice, protecting criminals restraining prosecutors IV. Redefining Punishment Principles -(lots new) Non-violence-- out of religious reformers, evangelicals and quakers. Privacy-- punishments to the private sphere not to the public Redemption-- idea individuals can become model citizens with their time in the penitentiary Discipline-- spending time in prison develop strengthened superego can self-control against more violent acts, Solutions Sorting: prisons no longer places of all kinds of offenders, mens facilities, women's facilities, children prisons, misdemeanor and felony separation Work: only by working can people reform themselves it's necessary give them some work so they don't turn toward sin, kinda common sense idea. Solitary confinement: opposed to whipping to punish people Supervision: create supervision The First Penitentiaries Pennsylvania Walnut St. Jail (1787) year of Constitution Tocqueville from France to examine these new penitentiaries Walnut St founded because Pennsylvania gets rid of physical punishment because the nobles are Quakers, get rid of violence they do not believe in it, corporal punishment is wrong need to reform people with a penitentiary Not many cells, segregate on age, sex, and offense, 16 cells, described: one small secured window, cannot have conversation, prevented from seeing any person, provisions once a day, one guy per each cell: doesn't work this is absolute torture, absolute solitude is torture very hard experience, many want to commit suicide and it is extremely expensive , eventually inmates set fire to the workhouse :perhapes idleness is why it didn't work and then began get overcrowding- leads tensions and violence Eastern State (1829) Attempting to reform, make large strong facilities protect against takeovers and fires, stripe suits for prisoners, reward good behavior with beer, bring back whipping to reform the minds, also serious problems with insanity not enough to do and not doing enough to encourage people 2. New York Newgate Prison (1797) Also founded by a Quaker, segregates, provides food and clothing, avoids solitary confinement, gives them church services, portion of money from working but also was a failure another started a fire and captured jailers, but attempting experiment to reform and change the minds of prison populations and it is failing. Auburn (1816) Another large jail, 5 of 83 inmates die suicide, so get rid of solitary and replace with silent system, bar individuals from talking to one another, worried of conspiracies or school crime, learn about hard crime, becoming sadistic punishment, throw people in a hole, V. Second Efforts and Critiques Critique Alexis de Tocqueville Solitary confinement versus Silence corporal punishment Dickens did his own tour and he found it to be shocking, finding it cruel, wrong, slow daily tampering with the brain which is worse than tortures to the body that more people critique on, some people seem discipline on the mind might be worse than physical harm. America in Republican period are really earnest about transforming the rights of criminal offenders and their experience, it's included criminals rights in constitutions, reforms really trying to make a just society but they struggle, it is a hard problem. So difficult to try to get someone to do the right thing. Do not have the knowledge, money, or the will to reform people and the jailing system. We're still using their solution, so what system would the critiques create to deal with crime?

Liberalism

under lawful revolution.. Liberalism: -social contract, limited government, rights -School of thought in 17th c england leading was Locke, Locke was a Puritan but celebrated equality, toleration, and rights. His idea of limited government, should not have infinite power, humans have rights the government has no place in, leaders power are not from God and government right is not from God it's from people people create a government to protect the areas where the government cannot go to impede on our rights. He was building off of ideas people were having especially Puritans they already had Mayflower Compact. ...and reform impulse under Enlightenment Enlightenment" scientific and rational values, has values of liberalism, government human made, when government does not work for the people, people have the right to overthrow it and make a government bound to protect them. Value of Liberalism. C. Honorable Men of Politics -In the South and Southwest, dueling and brawling become means of social mobility.. Can rise up through dueling, showing courage makes you significant player in politics Andrew Jackson : very example. Publicize all the duels and fights he had and it made him more popular, like marking him as a man of honor and a tough guy Sen. Thomas Hart Benton: arch-rival of Jackson, missouri most prominent politician and duelist, and he fights Jackson and fearing another he flees .. it's not a bad thing to have killed someone in a duel, it make you a famous man of honor. Bittle v. Benton biggest duel in missouri, two met on "bloody island" large crowd gathered to watch these two politicians duel and they both shot, both fell to the ground, and soon died because they stand 6 feet apart and kill each other because someone called him a dish of skim milk:: but if you did not combat that and did not defend yourself you will never get elected again, so they had to. Editor John M. Daniel: Twain's article Tennessee Press: (comic); editor does not seem to seem bothered by this, he expects it that like every two minutes people keep coming to shot at him and the comic peice is Twain keeps getting shot and kind of acting normal, show how mundane and normal this is. And the editor is saying no, get back change your story and make it very vicious and get at them. Making appointments to beat people up::: although comic peice this stuff happened all the time, they think this is the only way to defend honor. IV. Law A. The law of public opinion -Most Jacksonian Era refused to try politicians with murder, it's an affair between gentlemen law does not get involved . Darnes was asked to pay a fine from the courthouse, pay the fine and leave an honorable men. But this case was unusual, because he was brought to trial at all (even though he wasn't charged with murder or anything). Honor obligates men to respond But 1st Amendment limits libel suits, very restrictive so men felt they had no other means against attacks but physical. (like idea of fighting in North American hockey to stop cheap shots, and this is what people believed in 19th century, they thought no legal ways to defend themselves against cheap shots in the press unless physical) Turn to physical retaliation Andrew Jackson roasted by public opinion B. the Unwritten Law -The law was a lot more lenient on men to act in "defense" of their family honor Courts acquit men who murder their wives' lovers.. Perceived as self-defense, because they are destroying my family and invading my household, catch is: you can only do it when surprised and when the insult is fresh (not like 10 years later) discourage men from seducing other men's wives Self-defense extends to the family, home, and property Sickles jury: shows this prevailing belief, this Harper's magazine, that Sickles was innocent and within his rights to shot key because he was sleeping with his wife, most natural revenge, it was his right and good for the public that seducers hurt. But North and South are different from each other right now on violence so attorney of Sickles went and said he acted in a moment of insanity (first legal argument for this)... and the prosecutor tried to say that wasn't true he cheated on his wife all the time, but the court would not let him do that because to keep up Sickles reputation (double standard) Revenge Killing: Sickless shoots Key, 1859 Sickless NYC diplomat, Key US Attorney district of, much relations to high up people. Sickless married Teresa Sickles 15 years old young but cultured from high family , Sickles cheats on her a lot with prostitute White and brings White on English diplomatic journey and introduces her as his partner to Queen of England. Teresa Sickles has affair with Key, (key had many affairs) and Sickles got anonymous letter that his wife having affair with Key, Theresa admitted to the affair, Sickles rushed toward Key in the street and fired but missed, used second pistol, fires third time killing Key. Dueling: Way of settling disputes through fighting, it was illegal but it's not disorderly, there are rules Legalistic violence Code Duello:: book of rules from Ireland, so customs not indigenous to US, coming from traditions in other places (v. common in Ireland) the rules of fighting/ duels. Becomes arm of political. Dueling Deaths Alexander hamilton (1804) Comm. Stephen Decatur (1820) Rep. Jonathan Cilley (1838) -- and Graves Duel. they are US congressmen Cilley from Maine and Graves from Kentucky (southerner). James Watson Webb involved from NY state big newspaper editor and fighting with Cilley on banking policies, Webb mad at his speech and wants to fight a duel on Cilley (he never got to serve in combat so was mad he couldn't do all this violence). One problem: cannot challenge someone on Congress floor so has Graves do it, Graves has letter and Cilley refuses letter which insults Graves and he challenges Cilley to a duel and they figure Cilley won't fight.. Well Cilley knows how to shoot but he doesn't have good vision and has never dueled before, feared not to duel in being a coward and not elected, so he agrees to the duel. They both miss and won't give up until someone's hurt, do it again Cilley is shot and dies. Before shot "I had to fight the duel even though I had done all I could do to avoid it in gentlemen ways' He had no ill will for Graves, pretext of this challenge is absurd, but i will not be disgraced and New England will not be stamped on, fought for honor, pride in region. Much anger produced by the death of Cilley, Nathaniel Hawthorne wrote biography on Cilley and New England was mad and started to wonder if this was such a good idea to duel, man of promise died.