The Supreme Court Of Florida - A Book Review

By Spessard Stone




The history and development of the Supreme Court of Florida from the first system of U. S. laws established in 1821 by Andrew Jackson to the court's organization in 1846 to the time of World War 1 is embodied in The Supreme Court Of Florida And Its Predecessor Courts, 1821-1917.

Walter W. Manley, 11, professor of business administration at Florida State University, is editor and co-author, while E. Canter Brown, Jr., historian in residence at the Tampa Bay History Center, is contributing editor and co-author. Eric W. Rise, assistant professor of criminal justice at the University of Delaware, also is a co-author.

Supreme Court is divided into five parts to reflect distinct eras in the evolution of the judiciary, i.e., "Florida Territory, 1821-1845," "Antebellum Statehood, 1845-1860," "Civil War and Reconstruction, 1861-1877," "Redemption and the Bourbons, 1877-1896," and "Before the Great War, 1897-1916."

The authors chronicle not only the Supreme Court and its preceding courts but also provide an historical insight into the life and times of the justices, including profiles of the jurists.

Thus, we are made cognizant of the legal, political and economic genesis of our state leading to the Civil War.

The sections on Reconstruction and Redemption provide a clear insight into one of the most abstruse political periods in Florida with the Supreme Court providing a stabilizing influence.

The machinations of the opposing parties, Republican and Conservative, with the fratricidal infighting, is presented
factually, as are the many accomplishments of the usually maligned Republicans.

The end of Republican rule in 1877 brought forth Redemption, the ascendancy of white conservatives, called Bourbons from their "obstinate adherence to the old loyalties and abhorrence of the new."

hereafter, Democrats consolidated their power, notably with the enactment of the 1885 Constitution, the retirement from the Supreme Court of Republican justices, and Jim Crow laws as the preservation of Bourborn control depended upon the disenfranchisement of blacks.

Numerous cases are cited with the justices maintaining often a brave stance against popular sentiment. Noteworthy is a 1913 decision of such racial fairness that Justice Hugo Black of the U. S. Supreme Court commented that the opinion was a tribute to courage and character, which could be the theme of this book.

In conclusion, this is a scholarly book of notable achievement, which all members of the Bar will welcome, and the discerning layman also will find rewarding.

The Supreme Court Of Florida And Its Predecessor Courts, 1821-1917 contains 472 pages, with forewords by Richard W. Ervin, Stephen C. O'Connell, and Kenneth W. Starr.

It can be ordered for $49.95 from University Press of Florida, 15 NW 15th Street, Gainesville, FL 32611-2079, 1-800-226-3822.

This review was published in The Herald-Advocate (Wauchula, Fla.) of June 25, 1998.

January 10, 2001