Gibson/Papenfuse
Race and the Law in Maryland

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Gibson/Papenfuse
Race and the Law in Maryland

Image No: 237   Enlarge and print image (72K)            << PREVIOUS   NEXT >>

effectuating changes whose cause is deeper in the society, and they also provide a window on the other factors at work. It is difficult to reconstruct any aspect of race relations in the past: a tremendous variety of individual relationships existed across racial lines, and many left no recorded trace. The law, however, applied to everyone and is readily available in the form of statutes and judicial decisions. A pedestrian once saw a man on all fours peering intently at the ground below a streetlamp. He asked the man what he was doing. The man replied, "I am looking for my keys." The pedestrian volunteered to help, asking "where exactly did you lose your key?" The searcher responded that he had no idea. "Why are you looking here then?" asked the passerby. "Because the light is better." The law is the best light we have on racial relationships - and, who knows, we may even find a key there. The focus in this book on law is also prompted by personal motives of a less noble character. I went to law school because I was inspired one summer by quotes from Holmes and Cardozo on the walls of the University of California Law School, and because I couldn't think of anything better to do. A legal degree seemed the most portable - it would advance a career in business or public service as well as law. In the end, I became a law professor. The way in which people attempt to order their society fascinates me, and law school pays better than history, anthropology or sociology departments. I have either studied, practiced or taught law since graduating college in 1962. Even if other disciplines provide more useful ways to study racial issues, I don't have the background or training to engage in them. Maryland The focus on a single state reduces the level of generality and abstraction. It permits greater grasp of the details of changing race relations, although its experience does not necessarily hold true for other states. Maryland permits an examination of race relations that includes the widest variety of perspectives. One of the earliest colonies, it witnessed the growth and changes in the institution of slavery. The transformation in the status of the free black after the American Revolution was sharpest there. It was a slave state, but it had the largest free black population in the United States when the Civil War began. Large plantations dominated the culture of southern Maryland and the eastern shore in close proximity to Virginia. Small farms and independent farmers in the northern and western reaches of the state more closely resembled neighboring Pennsylvania. Commerce and industry drove the port city of Baltimore. Maryland nurtured the views of its native son, Chief Justice Roger Taney, whose opinion in Dred Scott echoes to this day; and it shaped the life of another native, Frederic Douglass, the renowned black abolitionist orator. Many of its citizens fought for the Confederacy, but the state remained in the Union. In the twentieth century, Maryland was a battleground for disenfranchisement attempts, residential segregation laws, transport segregation litigation, lynching and protest movements. It was the site of the first success in the NAACP's campaign to desegregate schools, and it is now the home in