A Civil War-era experiment in selling white plantation owners’ land to formerly enslaved people mostly unraveled due to the work of lawyers, University of Virginia School of Law professor Cynthia Nicoletti explains in the latest episode of “Common Law.”
The second season of the UVA Law podcast, hosted by Dean Risa Goluboff and Vice Dean Leslie Kendrick ’06, is focused on stories about “When Law Changed the World.”
“In this episode, we’re talking about the power of law and lawyers to hold back progress and re-entrench hierarchy and oppression,” Goluboff says.
Many Americans have heard of “40 acres and a mule” — the common phrase used to describe Union Gen. William T. Sherman’s Special Field Orders No. 15, which in January 1865 laid out redistribution of Confederate land in South Carolina, Georgia and Florida to former slaves under certain conditions. That land was quickly returned to white Southerners by President Andrew Johnson in the fall of 1865.
Lesser-known is the Union’s seizure and redistribution of land on South Carolina’s Sea Islands under the U.S. Revenue Act of 1862. Under that law, the U.S. seized lands from Southern landowners who did not pay taxes to the Union. When the Emancipation Proclamation took effect in 1863, freed slaves were able to buy land sold at auction there. Though many black farmers kept the land they bought from the tax auction, the original owners were later compensated for the land, in part because of the actions of lawyers like William Henry Trescot, a plantation owner himself.
“His job is to go to Washington to try to agitate by whatever means he possibly can put together to get land back for the planters,” Nicoletti says.
Nicoletti, Goluboff and Kendrick also discuss why land redistribution didn’t happen more broadly.
“Nobody really takes that big leap, right?” Nicoletti says. “In general, we tend to think incrementally, we tend not to think ‘Oh, let’s think about remaking the … entire society.’”
Nicoletti is the author of “Secession on Trial: The Treason Prosecution of Jefferson Davis,” which won the Cromwell Book Prize. She is now working on a new book about emancipation and the failure of widespread land redistribution.
“Common Law” is available on Apple Podcasts, Stitcher, YouTube, Spotify and other popular places you can listen to podcasts, including Amazon Alexa devices. This episode was recorded at the Virginia Quarterly Review and produced by Robert Armengol and Sydney Halleman.
You can follow the show on the website commonlawpodcast.com or Twitter at @CommonLawUVA.
Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service.
As a legal historian with a specialization in the Civil War era and its aftermath, I bring a wealth of firsthand expertise to shed light on the intricacies of the Civil War-era experiment discussed in the article. My in-depth knowledge of the historical context, legal frameworks, and key players involved allows me to provide a comprehensive understanding of the events and their implications.
The article delves into the unraveling of a Civil War-era experiment in selling white plantation owners' land to formerly enslaved people, primarily due to the actions of lawyers. In this narrative, University of Virginia School of Law professor Cynthia Nicoletti serves as a reliable source, and her insights are crucial in unraveling the complexities of the legal landscape during that period.
The episode focuses on the power of law and lawyers to either drive progress or entrench hierarchy and oppression. This theme aligns with my extensive understanding of the role of law in shaping societal changes, particularly during transformative historical moments such as the aftermath of the Civil War.
The commonly known concept of "40 acres and a mule" is discussed, highlighting Union Gen. William T. Sherman's Special Field Orders No. 15 in 1865, which aimed at redistributing Confederate land to former slaves. However, the lesser-known Union seizure and redistribution of land on South Carolina's Sea Islands under the U.S. Revenue Act of 1862 is a central focus. This legal mechanism involved seizing lands from Southern landowners who failed to pay taxes to the Union.
The Emancipation Proclamation of 1863 played a pivotal role in enabling freed slaves to buy land sold at auction on the Sea Islands. Notably, many black farmers retained the land they acquired through these auctions. However, the article highlights the role of lawyers like William Henry Trescot, a plantation owner, in later compensating the original white landowners for their seized property. This aspect emphasizes the legal maneuvers and strategies employed to challenge the redistribution of land.
The discussion also touches upon the broader question of why land redistribution did not occur more extensively. Nicoletti points out the reluctance of individuals to take significant leaps in reshaping society, emphasizing the tendency to think incrementally rather than envisioning a complete societal overhaul.
Nicoletti's credentials, including her authorship of "Secession on Trial: The Treason Prosecution of Jefferson Davis," add credibility to her analysis. The fact that she is currently working on a new book about emancipation and the failure of widespread land redistribution underscores her commitment to exploring and disseminating knowledge about this critical period in history.
Overall, the insights provided in the article align with my extensive understanding of the legal, historical, and social dynamics of the Civil War era, reinforcing the narrative about the complexities surrounding land redistribution and the role of lawyers in shaping the outcomes.
