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New Systems, Established Traditions: Governor James Grant's Indian Diplomacy And The Evolution Of British Colonial Policy, 1760-1771, James L. Hill May 2022

New Systems, Established Traditions: Governor James Grant's Indian Diplomacy And The Evolution Of British Colonial Policy, 1760-1771, James L. Hill

Florida Historical Quarterly

Grant, the first governor of the British province of East Florida, arrived at St. Augustine in 1763 with a determination to prioritize Indian diplomacy. He desperately wanted to avoid violence between settlers and the neighboring Creek Indians, as he feared that internecine warfare on the frontier would scare potential immigrants from moving to the colony. The governor sought peaceful relations, not as a humanitarian aim, but as a means of advancing his goal of developing East Florida. To this end, Grant devised what he called a "new system" for the management of Indian affairs. This "new system," actually relied on …

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Stojanowski, Mission Cemeteries, Mission Peoples: Historical and Evolutionary Dimensions of Intracemetery Bioarchaeology in Spanish Florida. by Robert L. Thunen; Block, Ordinary Lives in the Early Caribbean: Religion, Colonial Competition, and the Politics of Profit. by Kris Lane; Watson, Jackson's Sword: The Army Officer Corps on the American Frontier, 1810-1821. by Jimmy L. Bryan Jr; Harvey, Moses,Jesus, and the Trickster in the Evangelical South. by Bill J. Leonard; Taylor, Reconstructing the Native South: American Indian Literature and the Lost Cause. by Mick Gidley; Zieger, Life and Labor in the New New South. by Erik S. Gellman; Kahrl, The Land Was Ours: …

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Perfectly Still No More: Unionists In Confederate Northeast Florida, T. W. Upchurch May 2022

Perfectly Still No More: Unionists In Confederate Northeast Florida, T. W. Upchurch

Florida Historical Quarterly

James William Allen's career as a Confederate soldier lasted only six months; he doubled over with a hernia and was discharged on the last day of 1861.2 His reaction to this medical condition is unknown since Allen left no letters,journal, or public pronouncement. Did he have dreams of military glory that were squashed by his rather inglorious medical condition? After all, Allen's unit, the St. Augustine Blues, had moved only 60 miles up the road to Fernandina.3 He had not left his home state nor, we assume, had he fired a weapon except to practice his marksmanship. However, judging by …

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Cumulative Index, Volume 92, Florida Historical Society May 2022

Cumulative Index, Volume 92, Florida Historical Society

Florida Historical Quarterly

No abstract provided.

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Foster, Climate and Culture Change in North America AD 900-1600. by David McCally; Din, War on the Gulf Coast: The Spanish Fight against William Augustus Bowles. by Kristofer Ray; Millett, The Maroons of Prospect Bluff and Their Quest for Freedom in the Atlantic World. by Jeffrey L. Fortney; Lawson, Jim Crow's Counterculture: The Blues and Black Southerners, 1890-1945. by Court Carney; Reid and Bennett, eds., Beyond Forty Acres and a Mule: African American Landowning Families since Reconstruction. by Dolita D. Cathcart; Boyd, Georgia Democrats, the Civil Rights Movement, and the Shaping of the New South. by Sarah H. Brown; De …

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Race, Education, And Regionalism: The Long And Troubling History Of School Desegregation In The Sunshine State, Irvin D. S. Winsboro May 2022

Race, Education, And Regionalism: The Long And Troubling History Of School Desegregation In The Sunshine State, Irvin D. S. Winsboro

Florida Historical Quarterly

In 1845, as Florida joined the Union, the state legislature promulgated a law which stated that any "assemblies ... by free negroes and mulattoes, slave or slaves, shall be punished ... with a fine not exceeding twenty dollars, or stripes, not exceeding thirty-nine." This measure, along with extensive and punitive slave codes, virtually eliminated opportunities to establish African American schools in the newest slaveholding state. Florida, true to the code of the white South, wanted to eliminate opportunities for slaves and free blacks to congregate and to pursue education for their children. Although based on the pervasive racial norms of …

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Jennings, New Worlds of Violence: Cultures and Conquests in the Early American Southeast. by David A. Nichols; Frank and Kilbride, eds, Southern Character: Essays in Honor of Bertram Wyatt-Broum. by Adam Tate; Carey, Sold Down the River: Slavery in the Lower Chattahoochee Valley of Alabama and Georgia. by Lauren K. Thompson; Bush, I Fear I Shall Never Leave This Island: Life in a Civil War Prison. by Steven J. Ramold; Barnes, ed., The Materiality of Freedom: Archaeologies of Postemanicipation Life. by Stacy Pratt McDermott; Way, Conerving Southern Longleaf: Herbert Stoddard and the Rise of Ecological Land Management. by Tom Okie; …

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Early Jail And Prison Conditions Litigation In The Middle District Court, William J. Sheppard May 2022

Early Jail And Prison Conditions Litigation In The Middle District Court, William J. Sheppard

Florida Historical Quarterly

Today, jails and prisons throughout the Middle District of Florida (Middle District) are hardly places a person would want to spend the night. However, those currently incarcerated in the Middle District have had many rights secured for them which did not exist prior to the existence of that Court. The story of prison reform in the Middle District illustrates the power hardworking, courageous pro se plaintiffs, attorneys, and judges can wield to ensure all inmates receive the constitutional liberties and protections to which they are entitled.

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Uses And Potential Abuses Of Federalism, Robert Batey May 2022

Uses And Potential Abuses Of Federalism, Robert Batey

Florida Historical Quarterly

For the Criminal Cases Panel at the symposium celebrating the fiftieth anniversary of the Middle District of Florida, the United States Attorney's Office proposed seven prosecutions that in the words of one of the panel's participants, the office was "particularly proud of." Given my choice of those cases to discuss, I picked four that give perspectives on the uses and potential abuses of federalism.

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Extreme Circumstances Call For Extreme Measures: How United States V. Lyons' Radical Remedies Corrected A Grave Injustice, Samuel W. Wardle May 2022

Extreme Circumstances Call For Extreme Measures: How United States V. Lyons' Radical Remedies Corrected A Grave Injustice, Samuel W. Wardle

Florida Historical Quarterly

Over the course of a decade, Antonino "Nino" Lyons appeared before the United States District Court for the Middle District of Florida at least four times. In 2001, a jury convicted Lyons of crimes carrying a mandatory minimum sentence oflife in federal prison. In 2003, the Honorable Gregory Presnell ordered Lyons to be released on bail, only to be reversed by the Eleventh Circuit. A year later, in 2004, Judge Presnell again ordered Lyons' release, and this time, there was no appeal. Finally, in 2010, Judge Presnell took the extraordinary step of granting Lyons' petition for a certification of actual …

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Shelton V. Secretary, Department Of Corrections: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act, Erika Concetta Pagano May 2022

Shelton V. Secretary, Department Of Corrections: The Constitutionality Of Florida's Drug Abuse Prevention And Control Act, Erika Concetta Pagano

Florida Historical Quarterly

On a sunny South Florida morning, Josh, an eighteen-year-old honor student, borrowed his older brother's car to go to an early morning orthodontist appointment.

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A Pioneer In Prison Reform: Costello V. Wainright And Its Paradoxical Legacy In Florida Prisons, Mariko K. Shitama May 2022

A Pioneer In Prison Reform: Costello V. Wainright And Its Paradoxical Legacy In Florida Prisons, Mariko K. Shitama

Florida Historical Quarterly

In 1972, prisoners Michael V Costello and Robert K Celestino filed separate pro se complaints in the United States District Court for the Middle District of Florida alleging overcrowded conditions and inadequate health care in Florida prisons. These claims were consolidated, amended by court-appointed counsel, and authorized by Senior United States District Judge Charles Ray Scott as a class action for declaratory and injunctive relief on behalf of all present and future Florida Department of Corrections (DOC) inmates. In their amended complaint, the plaintiffs alleged that the overcrowding and inadequate medical care in Florida prisons constituted cruel and unusual punishment …

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Like Oil And Water: The Past, Present, And Future Of American Waterways Operators, Inc. V. Askew In The Ongoing Federal-State Relationship In Regulating Oil Spill Recovery, Zack Smith May 2022

Like Oil And Water: The Past, Present, And Future Of American Waterways Operators, Inc. V. Askew In The Ongoing Federal-State Relationship In Regulating Oil Spill Recovery, Zack Smith

Florida Historical Quarterly

Federal and state attempts to regulate recovery for oil spill damages often go together as well as oil and water. Given the recent large-scale and well-publicized Deepwater Horizon oil spill, the federal-state relationship in regulating oil spill recovery has once again come to the forefront after spending nearly two decades on the backburner since the Exxon Valdez incident in 1989. However, the United States District Court for the Middle District of Florida (Middle District) was forced to deal with this federal-state relationship long before either of these events occurred. In 1971, the Middle District took up the case of American …

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A Guiding Light: Safety Harbor, Nicholas E. Williams May 2022

A Guiding Light: Safety Harbor, Nicholas E. Williams

Florida Historical Quarterly

The sky is falling! The skyis falling! Or is it? Today, courts across the country face a difficult task in light of the Supreme Court's recent decision regarding bankruptcy courts' jurisdiction, Stern v. Marshall. Stern held bankruptcy courts are constitutionally proscribed from entering final judgment based on a private, state-law counterclaim "that is not resolved in the process of ruling on a creditor's proof of claim." A bankruptcy court must now consider Stern when a litigant objects to the court's authority. With over 3,000 adversary proceedings pending in the Middle District of Florida for the month of July 2012 alone, …

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Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19, Seth J. Welner May 2022

Limiting The Implied Rights Of Action Under The Securities Exhange Act Of 1934: Dismissing Private Claims Brought Under Section 19, Seth J. Welner

Florida Historical Quarterly

Implied private remedies, often cited as a judicial infringement on congressional power-that is, a violation of the separation of powers-have become commonplace in some areas of securities regulation. The better practice, however, is to limit private litigation in the securities arena and promote an internal resolution of conflicts within self-regulatory organizations (SROs) with the Securities Exchange Commission (SEC) acting as a congressional watchdog. This was the approach that Judge Elizabeth Kovachevich endorsed in Raymond James with respect to §19 of the 1934 Securities Exchange Act, an approach that remains today's standard. This comment considers the possible implications of an alternative …

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History In More Than Black And White: The Story Of One District Judge Who Faced Down A Fiery Desegregation Controversy And Created A Lasting Legacy, Lauren Millcarek May 2022

History In More Than Black And White: The Story Of One District Judge Who Faced Down A Fiery Desegregation Controversy And Created A Lasting Legacy, Lauren Millcarek

Florida Historical Quarterly

On January 29, 1970, Judge Ben Krentzman ordered the school board of Manatee County, Florida, to desegregate through the use of busing. This ruling seems innocuous enough in hindsight, certainly a common event in that era. At the time, however, the case of Harvest v. Board of Public Instruction prompted a clash between the determined district judge from the Middle District of Florida and the firebrand, reelection-seeking Governor Claude R. Kirk, Jr.-a controversy that made national news. And though these juicy facts have long since faded into the past, the ramifications of the Harvest decision are still being felt today. …

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The Complex Legacy Of School Desegregation In Duval County, Olga Balderas May 2022

The Complex Legacy Of School Desegregation In Duval County, Olga Balderas

Florida Historical Quarterly

In 1971, in Mims v. Duval County School Board, United States District Court Judge Gerald Tjoflat, with the goal of eliminating the vestiges of legalized public school segregation, issued an order re-assigning students in Duval County. The order, which mandated the closing of several schools and affected thousands of students in schools across the county, temporarily resolved years of litigation and resulted in the almost immediate integration of Duval County schools. The Mims desegregation order has been rightly praised for resulting in the swift integration of Duval County schools; something that the Duval County School Board was unable to accomplish …

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Constitutional Law: Eradicating The Effects Of Past Purposeful Racial Discrimination In The Public School System, Alexandra Moore May 2022

Constitutional Law: Eradicating The Effects Of Past Purposeful Racial Discrimination In The Public School System, Alexandra Moore

Florida Historical Quarterly

In 1979, the United States District Court for the Middle District of Florida issued the seminal decision of Debra P. v. Turlington, which would help pave the way for creating a public school system that was no longer marred by past racial discrimination. Judge George C. Carr presided for the court and ruled that requiring students to pass a functional literacy test before receiving a high school diploma disproportionately barred black students from receiving diplomas due to the inferior education they had received as a result of the past segregation of public schools.2 Judge Carr held that the testing requirement …

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Title Page, Florida Historical Society May 2022

Title Page, Florida Historical Society

Florida Historical Quarterly

Title page for Volume 92, Number 2. Includes the Table of Contents

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Davis, The Rogue Republic: How Would-Be Patriots Waged the Shortest Revolution in American History. by Miles Smith; Hatch, Osceola and the Great Seminole War: A Struggle for Justice and Freedom. by Patricia Riles Wickman; Marotti, The Cana Sanctuary: History, Diplomacy, and Black Catholic Marriage in Antebellum St. Augustine, Florida. by Larry Eugene Rivers; Gallagher, The Union War. by Brian Craig Miller; Weinfeld, The Jackson County War: Reconstruction and Resistance in Post-Civil War Florida. by Will Guzman; Frantz, The Door of Hope: Republican Presidents and the First Southern Strategy, 1877-1933. by R. Matthew Poteat; Bowen, The Roots of Modern Conservatism: Dewey, …

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Conquerors, Peacekeepers, Or Both? The U.S. Army And West Florida, 1810-1811, A New Perspective, Samuel Wilson May 2022

Conquerors, Peacekeepers, Or Both? The U.S. Army And West Florida, 1810-1811, A New Perspective, Samuel Wilson

Florida Historical Quarterly

The Louisiana Purchase did not remove Spanish posts along the east bank of the Mississippi River. These posts could still choke off commerce at New Orleans, and American leaders immediately began pressing Spain to cede West Florida. Spain rejected U.S. demands, Napoleon refused to compel its acquiescence, and U.S officials became increasingly belligerent. The commanding general of the U.S. Army, Brigadier General James Wilkinson, repeatedly sought permission to seize West Florida, an area that included the eastern parishes of Louisiana and parts of present day Mississippi, Alabama and Florida. President Jefferson's reluctance to mobilize an adequate force precluded military action …

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The Florida Historical Society Presents An Original Courtroom Drama: Ponce De Leon Landed Here!!, Benjamin D. Brotemarkle May 2022

The Florida Historical Society Presents An Original Courtroom Drama: Ponce De Leon Landed Here!!, Benjamin D. Brotemarkle

Florida Historical Quarterly

Juan Ponce de Leon's first visit to Florida in 1513, changed the course of history. The people who had inhabited this land for more than ten thousand years would have their existence forever altered. Ponce's "discovery" of the Gulf Stream paved the way for the first European colonization of America, and he gave our state its name.

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Looking For Angola: An Archaeological And Ethnohistorical Search For A Nineteenth Century Florida Maroon Community And Its Caribbean Connections, Rosalyn Howard May 2022

Looking For Angola: An Archaeological And Ethnohistorical Search For A Nineteenth Century Florida Maroon Community And Its Caribbean Connections, Rosalyn Howard

Florida Historical Quarterly

The "Looking for Angola" project (LFA) commenced on December 12, 2004 when shovels broke ground on the south side of the Manatee River at the point where it meets the Braden River. Based upon historical research, this area is believed to be the former location of Angola. Historian John Lee Williams referred to it as "Negro Point,"1 but in a land claim document filed by two Cuban fishermen it was labeled "Angola."2 The groundbreaking marked the realization of Project Director Vickie Oldham's wish to relate the story of early African American settlers in the Tampa Bay-Sarasota area of Florida. While …

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Juan Ponce De Leon And The Discovery Of Florida Reconsidered, Samuel Turner May 2022

Juan Ponce De Leon And The Discovery Of Florida Reconsidered, Samuel Turner

Florida Historical Quarterly

This paper will reconsider a number of sources, both those commonly cited as well as some that are less well known, that are used in our interpretation and understanding of Juan Ponce de Leon's 1513 voyage of discovery to Florida. A number of ideas that are commonly accepted as fact are reexamined. These include the date of Ponce's first sighting of the east coast of Florida, the specific ship types used during the voyage, as well as the perception that the latitudes provided in our principal source for this voyage suffer from a "northing error." The Melbourne Beach landing theory …

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Sixteenth-Century Florida In The European Imagination, John Mcgrath May 2022

Sixteenth-Century Florida In The European Imagination, John Mcgrath

Florida Historical Quarterly

What we call Florida today is the nearest part of the American mainland to the spot where Columbus landed in 1492, while North America's east coast is also the closest part of the New World to Europe's Atlantic ports. Despite the proximity, Florida remained a mysterious, perplexing land throughout the sixteenth century. For over a century, rumors and legends of various kinds of riches promised rewards to those who could find them, yet successive attempts to explore and settle were frustrating or even disastrous. By 1600, the only lasting European footprint in Florida was St. Augustine, a small outpost that …

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The Historical Archaeology Of Sixteenth-Century La Florida, Kathleen A. Deagan May 2022

The Historical Archaeology Of Sixteenth-Century La Florida, Kathleen A. Deagan

Florida Historical Quarterly

Historical archaeology-also known as text-aided archaeology-is the study of the past through the integration of material remains, stratigraphic contexts, and written documents. The use of written documents provides the time frame of historical archaeological research in La Florida-that is, from the date of the arrival of Europeans (ca. 1513) and the written accounts they left. In the same way, the very notion of "La Florida"-a completely European-imposed geographical idea-also assumes a post-1513 chronology, and a spatial boundary that would have been quite alien to the indigenous peoples who lived there.

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The Historiography Of Sixteenth-Century La Florida, Paul E. Hoffman May 2022

The Historiography Of Sixteenth-Century La Florida, Paul E. Hoffman

Florida Historical Quarterly

The sixteenth-century history of what the Spaniards called La Florida (roughly the entire Southeastern United States)1 starts with what to us is a mystery and ends nearly as obscurely after passing a number of well-known and oft-narrated episodes of exploration, Pedro Menendez de Aviles' founding of an enduring colony as part of the Franco-Spanish "cold war" of 1559-1593, the martyrdoms of Jesuit and then Franciscan missionaries (1571; 1597 respectively), and finally territorial rivalries as the English began their colonial ventures in eastern North America. Until the 1950s, the historiography of these well-known episodes generally reflected the interests of lay, clerical …

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Johnson, Climate and Catastrophe in Cuba and the Atlantic World in the Age of Revolution. by Yovanna Pineda; Willis, Southern Prohibition: Race, Reform, and Public Life in Middle Florida, 1821-1920. by Joe L. Coker; Winter, The American Dreams of john B. Prentis, Slave Trader. by Phillip Hamilton; Pargas, The Quarters and the Fields: Slave Families in the Non-Cotton South. by Elizabeth Regosin; Moylan, Zora Neale Hurston's Final Decade. by Sharon L. Jones; Wilson, Flashes of a Southern Spirit: Meanings of the Spirit in the U.S. South. by Steven P. Miller; Dyckman, Reubin O'D. Askew and the Golden Age of Florida …

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Florida's Carpenter Gothic Churches: Artistic Gems From A Victorian Past, Jack C. Lane May 2022

Florida's Carpenter Gothic Churches: Artistic Gems From A Victorian Past, Jack C. Lane

Florida Historical Quarterly

In 1930 a relatively little known regional artist named Grant Wood entered a competition at the Art Institute of Chicago where he won first place with a painting entitled "American Gothic." News sources across the country published the story of this event along with a photograph of the winning painting, which created a sensation previously unknown in the history of American art. "American Gothic," an iconic symbol of American rural life, became one of the world's best-known images. In the painting, two rural figures with stern sober appearances stand before a small Carpenter Gothic house. The figures dominate the painting …

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Book Reviews, Florida Historical Society May 2022

Book Reviews, Florida Historical Society

Florida Historical Quarterly

Tinker, The Migration of Peoples from the Caribbean to the Bahamas. by Howard Johnson; Schafer, William Bartram and the Ghost Plantations of British East Florida. by Sarah E. Miller; Haynes, The Mississippi Territory and the Southwest Frontier, 1795-1817. by Angela Pulley Hudson; Ellisor, The Second Creek War: Interethnic Conflict and Collusion on a Collapsing Frontier. by Thomas Chase Hagood; Christianson, Freeing Charles: The Struggle to Free a Slave on the Eve of the Civil War. by Julie Winch; Brinkmeyer, Jr., The Fourth Ghost: White Southern Writers and European Fascism, 1930-1950. by Kathryn Lee Seidel; Clark, Red Pepper and Gorgeous George: …

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