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A History of the California Supreme Court in Its First Three Decades, 1850–1879
BOOK SECTION A HISTORY OF THE CALIFORNIA SUPREME COURT IN ITS FIRST THREE DECADES, 1850–1879 293 A HISTORY OF THE CALIFORNIA SUPREME COURT IN ITS FIRST THREE DECADES, 1850–1879 ARNOLD ROTH* PREFACE he history of the United States has been written not merely in the “T halls of Congress, in the Executive offices, and on the battlefields, but to a great extent in the chambers of the Supreme Court of the United States.”1 It is no exaggeration to say that the Supreme Court of California holds an analogous position in the history of the Golden State. The discovery of gold made California a turbulent and volatile state during the first decades of statehood. The presence of the precious ore transformed an essentially pastoral society into an active commercial and industrial society. Drawn to what was once a relatively tranquil Mexican province was a disparate population from all sections of the United States and from many foreign nations. Helping to create order from veritable chaos was the California Supreme Court. The Court served the dual function of bringing a settled * Ph.D., University of Southern California, 1973 (see Preface for additional information). 1 Charles Warren, The Supreme Court in United States History, vol. I (2 vols.; rev. ed., Boston; Little, Brown, and Company, 1922, 1926), 1. 294 CALIFORNIA LEGAL HISTORY ✯ VOLUME 14, 2019 order of affairs to the state, and also, in a less noticeable role, of providing a sense of continuity with the rest of the nation by bringing the state into the mainstream of American law. -
Western Legal History
WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 2, NUMBER 2 SUMMER/FALL 1989 Western Legal History is published semi-annually, in spring and fall, by the Ninth judicial Circuit Historical Society, 620 S. W Main Street, Room 703, Portland, Oregon 97205, (503) 326-3458. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts - particularly the federal courts - in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the Society as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-749; Grantor, $250-$499; Sustaining, $100-$249; Advocate, $50-$99; Subscribing (non- members of the bench and bar, attorneys in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder $3,000 or more; Patron $1,000-$2,999: Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other Society publications and programs, please write or telephone. POSTMASTER: Please send change of address to: Editor Western Legal History 620 S. W. Main Street Room 703 Portland, Oregon 97205 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright by the Ninth Judicial Circuit Historical Society. ISSN 0896-2189. The Editorial Board welcomes unsolicited manuscripts, books for review, reports on research in progress, and recommendations for the journal. -
Roads Lead to San Francisco: Black Californian Networks of Community and the Struggle for Equality, 1849-1877
All Roads Lead to San Francisco: Black Californian Networks of Community and the Struggle for Equality, 1849-1877 By Eunsun Celeste Han B. A., Seoul National University, 2009 M. A., Brown University, 2010 Dissertation Submitted in partial fulfillment of the requirements for the Degree of Doctor of Philosophy in the Department of History at Brown University PROVIDENCE, RHODE ISLAND MAY 2015 © Copyright 2015 by Eunsun Celeste Han This dissertation by Eunsun Celeste Han is accepted in its present form by the Department of History as satisfying the dissertation requirement for the degree of Doctor of Philosophy. Date Michael Vorenberg, Advisor Recommended to the Graduate Council Date Françoise Hamlin, Reader Date Evelyn Brooks Higginbotham, Reader Approved by the Graduate Council Date Peter M. Weber, Dean of the Graduate School iii CURRICULUM VITAE Date of Birth: April 11, 1986, Junjoo, Jeollabuk-do, South Korea EDUCATION Ph.D., History, May, 2015 Brown University, Providence, Rhode Island M.A., History, May, 2010 Brown University, Providence, Rhode Island B.A., Western History, Feb., 2009 summa cum laude, Seoul National University, Seoul, Republic of Korea QUALIFYING FIELDS Nineteenth-Century U. S. History African American History Colonial Latin American History PUBLICATIONS Eunsun Celeste Han, “Making a Black Pacific: Black Californians and Transpacific Community Networks in the Mid-Nineteenth Century,” under review at The Journal of African American History (2015). HONORS AND FELLOWSHIPS W. M. Keck Foundation Fellow at the Huntington, July-August, 2013 The Huntington Library, San Marino, California William G. McLoughlin Travel Fund, October, 2012 Brown University Department of History fund for research and conference travels William G. -
The Most Revered of San Francisco S Hills
Lone ~fountain The Most Revered of San Francisco s Hills ANNALS OF THE PIONEERS COPIED FROM HEADSTONES AND OTHER OLD RECORDS By ANN CLARK HART SAN FRANCISCO THE PIONEER PRESS • PUBLISHERS MCMXXXVII ILLUSTRATIONS PAGE COLONEL E. D. BAKER • . Facing 4 GENERAL E. R. s. CANBY 4 THE PoRT OF SAN FRANc1sco JUNE 1 ST I 849 8 From an original d-rawing by George H. Baker THE SAMUEL w OODWORTH SHRINE - 16 THE CLARK MONUMENT AT LAUREL HILL 16 VISTA DE SAN FRANCISCO DE CALIFORNIA 20 Michaud Thomas, .W.exico (I848) BOURN MONUMENT AT LAUREL HILL 20 LuNING MoNUMENT AT LAUREL HILL 20 SENATOR FAIR'S MONUMENT AT LAUREL HILL • 20 SAN FRANCISCO (CALIFORNIE) • From an Engravi,ng by Leckard SAN FRANCISCO IN APRIL I 8 50 . 32 By William B. McMurtrie JEROME A. HART • 40 THE DONAHUE FOUNTAIN Douglas Tilden, Sculptor ELK CROSSING CARQ1:JINEZ STRAITI, ( 1 848) 56 RoBERT Louis STEVENSON MoNUMENT IN THE PLAZA • THOMAS STARR KING Haig Patigian, Sculptor LONE MOUNTAIN CEMETERY FROM A LITHOGRAPH INTRODUCTION HE City of San Francisco began at the Embarcadero the stretch of beach between Clark's Point and Rincon T Point. There the predecessors of today's merchants and shipping men embarked their modest shipments of hides, which comprised the bulk of their commerce. The little Embar-cadero of Yerba Buena was one of the least important points on the Peninsula. The Presidio of San Francisco and the Missi<'n Dolores of San Francisco were the headquarters of the Army and the Church. On the night of August 5, 1775, the paquebot San Carlos sailed through the Golden Gate, an uncharted channel as yet unnamed. -
Ballot Speech
BALLOT SPEECH Derek T. Muller* A ballot ostensibly has a simple purpose: it is the means by which the state determines the winners and the losers of an election. But the words on the ballot have the power to influence voters. The ballot includes the candidate’s name, often the candidate’s party preference, and sometimes information about a candidate’s incumbency or occupation. These words are usually selected by the candidate to communicate information to the voter in the voting booth, but they are also subject to regulation by the state and potentially require consent from a political party. Ballots, then, include expressive elements, something this Article calls “ballot speech”—content that a candidate or party desires to communicate to voters by means of the ballot. Judicial opinions and academic commentary typically examine ballot speech not as speech, but principally as the incidental byproduct of election administration, subject to regulation in a balancing of interests. This Article suggests that ballot speech merits a different, more robust defense from the whims of election administrators and the deference of courts. Ballot speech should receive protection as speech under the First Amendment, rather than as merely one element of the free association that candidates and voters share at the ballot box. The ballot more closely resembles a nonpublic forum. And state laws that unreasonably stifle the expression of candidates and voters, that enhance some candidates at the expense of others, or that attempt to put a thumb on the scale of the outcome of an election, cannot stand. It is time to recognize this new definition of ballot speech, and to provide an appropriate legal framework to protect it. -
Clara Shortridge Foltz: Constitution-Maker
Indiana Law Journal Volume 66 Issue 4 Article 1 Fall 1991 Clara Shortridge Foltz: Constitution-Maker Barbara Allen Babcock Stanford University Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Law and Gender Commons, and the Legal Biography Commons Recommended Citation Babcock, Barbara Allen (1991) "Clara Shortridge Foltz: Constitution-Maker," Indiana Law Journal: Vol. 66 : Iss. 4 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol66/iss4/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Clara Shortridge Foltz: Constitution-Maker BARBARA ALLEN BABCOCK* INTRODUCTION: THE PERSONAL IS HIsToIuCAL "Each life helps to make up the sum of all history. ") J.J. Ayers, Delegate to the California Constitutional Convention of 1879 In 1971, I left my Distrct of Columbia public defender's job once a week and flew to New Haven to teach a seminar called "Women and the Law " The switch m cities seemed minor compared to the shift in causes. Perhaps the sharp transition helped fix memory, because, twenty years later, I recall that on one of those short flights I read Sail'er Inn v. Kirby when it was a bold new case. An early triumph of the renewed women's rights movement, the decision struck down a law that prohibited most women from bartending. The California Supreme Court called for heightened scrutiny of gender clas- sifications under the federal equal protection clause. -
The Justices
✯ CH. 2: A HISTORY OF THE CALIFORNIA SUPREME COURT, 1850–1879 307 Chapter 2 THE JUSTICES The Three-Man Court nder provisions of the third section of the article on the judiciary, the U first Legislature elected Serranus C. Hastings, Henry A. Lyons, and Nathaniel Bennett the first three justices of the Supreme Court by a joint vote of both houses.1 They were sworn into office in January 1850, and on February 1 the Legislature classified them so that Hastings was to serve two years and become chief justice, while Lyons and Ben- nett, as associate justices, were to have four- and six-year terms, respectively.2 In March 1851 the Legislature pro- vided for the election of future justices by having one jus- tice elected that year and one at the general election every second year thereafter. The same section also stated that after the first election of a justice, the senior justice in point of service would become the chief justice.3 The next Serr anus C. section provided for the filling of a vacancy on the Court Hastings 1 California. Legislature, Senate and Assembly. Journals (1849–50), 53–54. 2 Cal. Stats. (1850), 462. 3 Cal. Stats. (1851), chap. 1, § 3. 308 CALIFORNIA LEGAL HISTORY ✯ VOLUME 14, 2019 by gubernatorial appointment, such appointment lasting until the election and qualification of a successor elected at the first general election after the vacancy occurred.4 The office of Supreme Court justice drew the atten- tion of men with quite diverse backgrounds and interests. In the earliest years of statehood many of the justices, to- gether with many of the leaders in the other two branch- Henry A. -
The Slave South in the Far West: California, the Pacific, and Proslavery Visions of Empire
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2016 The Slave South In The Far West: California, The Pacific, And Proslavery Visions Of Empire Kevin Waite University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the History Commons, and the Political Science Commons Recommended Citation Waite, Kevin, "The Slave South In The Far West: California, The Pacific, And Proslavery Visions Of Empire" (2016). Publicly Accessible Penn Dissertations. 2627. https://repository.upenn.edu/edissertations/2627 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/2627 For more information, please contact [email protected]. The Slave South In The Far West: California, The Pacific, And Proslavery Visions Of Empire Abstract This dissertation rests on a relatively simple premise: America’s road to disunion ran west, and unless we account for the transcontinental and trans-Pacific ambitions of slaveholders, our understanding of the nation’s bloodiest conflict will emainr incomplete. Whereas a number of important works have explored southern imperialism within the Atlantic Basin, surprisingly little has been written on the far western dimension of proslavery expansion. My work traces two interrelated initiatives – the southern campaign for a transcontinental railroad and the extension of a proslavery political order across the Far Southwest – in order to situate the struggle over slavery in a continental framework. Beginning in the 1840s and continuing to the eve of the Civil War, southern expansionists pushed tirelessly for a railway that would run from slave country all the way to California. What one railroad booster called “the great slavery road” promised to draw the Far West and the slaveholding South into a political and commercial embrace, while simultaneously providing the plantation economy with direct access to the Pacific trade.