{"title":"Biographical Evidence and the Law of Presumptions","authors":"Simon Stern","doi":"10.1353/JNC.2021.0009","DOIUrl":"https://doi.org/10.1353/JNC.2021.0009","url":null,"abstract":"Abstract:The rules and history of evidence law can provide useful resources for understanding the role of biographical evidence in literary criticism. During the nineteenth century, as evidence law became increasingly formalized, presumptions acquired a newfound significance as a device for allocating the burden of proof in evidentiary disputes. Presumptions generally operate by stipulating a legal conclusion that flows from a certain factual premise, such that the conclusion remains dispositive unless the opposing party offers witnesses or documents that contradict it. The result is a burden-shifting procedure that licenses a generic inference, assumed to flow from a factual premise but capable of being rebutted by specific details to the contrary. Literary critics often use biographical evidence in a similar fashion: in the absence of concrete information about a writer's beliefs or experiences, critics use some kinds of generic biographical information to draw inferences about the attitudes that someone with a certain background would have held. When more specific biographical details become available, they are used to confirm, refine, or contradict those inferences. Unlike lawyers, however, literary critics tend to use biographical information of all kinds—both generic and specific—to raise new inferences rather than to resolve questions definitively.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88680482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making Labor Visible: The One-Sided Correspondence of Sarah Orne Jewett and Abbie S. Beede","authors":"Kelsey Squire","doi":"10.1353/JNC.2021.0012","DOIUrl":"https://doi.org/10.1353/JNC.2021.0012","url":null,"abstract":"Abstract:While archival materials are an invaluable resource for biographers, gaps in the archive complicate biography research. In this essay, I argue that the study of one-sided correspondence is crucial for nineteenth-century scholars interested in the intersection of labor and book history. Through a case study of Sarah Orne Jewett's letters to a manuscript typist, Abbie S. Beede, I suggest that one-sided correspondence can provide a useful, even if incomplete, site for examining class and labor dynamics in nineteenth-century book production.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88142034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Voicing a Transnational Latina Poetics: The Dedication Poems of Amelia Denis and Carlota Gutierrez","authors":"V. Perez","doi":"10.1353/jnc.2020.0016","DOIUrl":"https://doi.org/10.1353/jnc.2020.0016","url":null,"abstract":"Abstract:This article explores the transnational and gendered aspects of nineteenth-century poem dedications authored by women in Spanish-language newspapers. These intimate exchanges routinely contaminated the public sphere with very personal missives, resulting in the development of a genre that was both socially performative and literary. The article considers a previously unstudied exchange between the Central American poet Amelia Denis and the Mexican-American poet Carlota S. Gutierrez as a flashpoint for thinking through these issues. In September of 1875, Denis dedicated a poem “A la Señorita Carlota S. Gutierrez” in the San Salvador newspaper La America Central. Gutierrez published her response in May of 1876 in La Crónica of Los Angeles, with the title: “A la Inspirada Poetisa Columbiana Amelia Denis.” Their poems express intense admiration for one another via the articulation of a collaborative and gendered ars poetica. They also emphasize Latinx identity as playing a part in creativity, Denis referring to Gutierrez’s poetry as “flower of Mexican soil.” While the industrialized production and circulation of paper media puts women across continents in contact, my study contends that it is the unique form of the poem dedication that makes this precarious and gendered performance of panlatinidad possible in the nineteenth century.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75218719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“True Faith and Allegiance”: Loyalty Oaths, Suffrage, and Defining the Polity’s Limits in the Fourteenth Amendment","authors":"Laura E. Free","doi":"10.1353/jnc.2020.0020","DOIUrl":"https://doi.org/10.1353/jnc.2020.0020","url":null,"abstract":"Abstract:This forum explores how the fraught nexus of gender and race became central to questions of citizenship and the franchise in the mid-to-late nineteenth century. How did conceptions of the populace – an unremitting contestation of the “we” in “We the People”– shift with the changing electorate before, during, and after the Civil War? Following an introduction by Christopher Malone, Leila Mansouri investigates how slave narratives staged the paradoxes of black electoral politics during the antebellum period. Laura Free then ponders the loyalty oaths imposed on southerners in the immediate aftermath of the Civil War, exploring their relevance to more fundamental questions of citizenship and inclusion. Next, through a close reading of Mark Twain’s Pudd’nhead Wilson, Jennie Kassanoff uncovers how the “gerrymandered black body” consolidated the myth of white male majority rule in an era of tense partisan reapportionment. Collectively, these essays ask us to consider the ways that the nineteenth century continues to reverberate in contemporary debates over race, gender, citizenship and voting rights in today’s fractious United States.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79718484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Laughing at “Young Bull”: American Authority in Civil War Cartoons","authors":"Sarah J. Sillin","doi":"10.1353/jnc.2020.0015","DOIUrl":"https://doi.org/10.1353/jnc.2020.0015","url":null,"abstract":"Abstract:Drawing on transnational approaches to American literature, this essay reconsiders the politics of US Civil War cartoons. Whereas prior studies analyze how pro-Union and Confederate periodicals satirize both the enemy and themselves to bolster their respective causes, I ask what is at stake in jokes about foreign encounters. In the largely unstudied humor magazine Yankee Notions, cartoons persistently touch on fears that the war would weaken the country’s status and fantasies that Union victory could affirm US global authority. The cartoons strive to manage these sentiments by revising familiar caricatures. In so doing, they implicitly assure readers that Americans understand foreign peoples and themselves well enough to make light of international relations. Moreover, the magazine defines who is worth knowing, as it focuses on how Europe views the United States and vice versa. The cartoons thereby assert that ostensibly white, civilized empires recognize the Union as their equal, while occluding questions of how peoples of color view US imperialism.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82244025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“No Land of Pleasure Unalloyed”: Economies of Pleasure and Pain in Melville’s Typee and Omoo","authors":"Édouard Marsoin","doi":"10.1353/jnc.2020.0013","DOIUrl":"https://doi.org/10.1353/jnc.2020.0013","url":null,"abstract":"Abstract:Pleasure in Melville’s fiction is never unalloyed. It is inseparable from pain and dependent upon economic forms: in “The Paradise of Bachelors and the Tartarus of Maids,” the Melvillean bachelors’ delights are part of an economic system that opposes the British owners’ pleasurable leisure to the American laborers’ painful efforts. This exemplifies what Catherine Gallagher has described as the “somaeconomics” of the classical political economic tradition (Smith, Ricardo, Mill), the central tenet of which is a “pain theory of value.” It also signals a globalized understanding of economic forces that have an impact on bodies and affects.This essay argues that such a Western “pain theory of value” is at the core of the narrator’s perception of work and leisure in Typee and Omoo. In these works, the narrator’s representation of the Polynesian proto-economy of pleasure, characterized by what I call a “pleasure theory of value,” is gradually replaced by the Western somaeconomics of toil and suffering, a combination of Protestantism and capitalism. Such a replacement replicates and defines the colonization process itself. In both narratives, an economic understanding of pleasure and pain (and conversely, a somatic understanding of the economy) is at the core of the description of imperialism in Polynesia.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77359532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Outvoting: Pudd’nhead Wilson and the Logic of Apportionment","authors":"Jennie A. Kassanoff","doi":"10.1353/jnc.2020.0021","DOIUrl":"https://doi.org/10.1353/jnc.2020.0021","url":null,"abstract":"Abstract:This forum explores how the fraught nexus of gender and race became central to questions of citizenship and the franchise in the mid-to-late nineteenth century. How did conceptions of the populace – an unremitting contestation of the “we” in “We the People”–shift with the changing electorate before, during, and after the Civil War? Following an introduction by Christopher Malone, Leila Mansouri investigates how slave narratives staged the paradoxes of black electoral politics during the antebellum period. Laura Free then ponders the loyalty oaths imposed on southerners in the immediate aftermath of the Civil War, exploring their relevance to more fundamental questions of citizenship and inclusion. Next, through a close reading of Mark Twain’s Pudd’nhead Wilson, Jennie Kassanoff uncovers how the “gerrymandered black body” consolidated the myth of white male majority rule in an era of tense partisan reapportionment. Collectively, these essays ask us to consider the ways that the nineteenth century continues to reverberate in contemporary debates over race, gender, citizenship and voting rights in today’s fractious United States.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88982326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Voting Rights in the Age of Formal Equality","authors":"Christopher Malone","doi":"10.1353/jnc.2020.0018","DOIUrl":"https://doi.org/10.1353/jnc.2020.0018","url":null,"abstract":"Abstract:This forum explores how the fraught nexus of gender and race became central to questions of citizenship and the franchise in the mid-to-late nineteenth century. How did conceptions of the populace – an unremitting contestation of the “we” in “We the People”– shift with the changing electorate before, during, and after the Civil War? Following an introduction by Christopher Malone, Leila Mansouri investigates how slave narratives staged the paradoxes of black electoral politics during the antebellum period. Laura Free then ponders the loyalty oaths imposed on southerners in the immediate aftermath of the Civil War, exploring their relevance to more fundamental questions of citizenship and inclusion. Next, through a close reading of Mark Twain’s Pudd’nhead Wilson, Jennie Kassanoff uncovers how the “gerrymandered black body” consolidated the myth of white male majority rule in an era of tense partisan reapportionment. Collectively, these essays ask us to consider the ways that the nineteenth century continues to reverberate in contemporary debates over race, gender, citizenship and voting rights in today’s fractious United States.","PeriodicalId":41876,"journal":{"name":"J19-The Journal of Nineteenth-Century Americanists","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77304758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}