Chapter 5 turns to the law in action and the politics of litigation involving adjudication and interpretations of the law. The chapter opens with an examination of the Council of the Indies’ initial judgment in September 1784 on the plaintiffs’ case. Based on a narrow reading of slave law and on pro-slavery policies, the ruling rejected the plaintiffs’ controversial claim to collective freedom and to the criteria of freedom presented by the plaintiffs’ brief but allowed hearings to determine ambiguous cases and stipulated the criteria to be utilized by colonial courts in those cases. The ruling gave way to a cascade of hearings and legal actions in lower-level colonial courts and to a conflict of interpretation over the imperial ruling. Ordinary enslaved and fugitive cobreros dispersed throughout the island became direct participants in the judicial arena at this point as they directly engaged in the politics of litigation for freedom in colonial courts. The chapter shows the way imperial and colonial authorities centralized and controlled judicial outcomes but also the room for maneuvering available in some cases.

While I’ll Take My Stand is a terrible book by any standard of argumentation, it belongs in a history of the literature of the U.S. South because virtually the entire history of mainstream southern studies, literary and otherwise, is based on a distorted and selective reading of that Agrarian manifesto. The past ninety years’ profoundly opposed receptions of I’ll Take My Stand inside and outside of southern studies are thus ultimately much more significant than the book that prompted the receptions. Virtually all the critiques of old southern studies offered by the so-called new southern studies have been regularly made by scholars and critics outside the field since the manifesto appeared; conversely, even today, much allegedly “progressive” southernist scholarship continues to promulgate Agrarian ideals that romanticize the land, tradition, and the rural.

For the first twenty-five years or so of his career, Cormac McCarthy was considered a writer of “Southern literature” by most readers. This term designates a literary genre as much as it does a region of origination. Based on paradigms established by the works of earlier Southern writers such as William Faulkner and Flannery O’Connor, among many others, certain aspects of setting, plot, and character become the expected norm for writers from the region. As is the case with these other writers, understanding the cultural realities of McCarthy’s South helps readers understand his Southern works. This chapter discusses the context of McCarthy’s Knoxville, from its Civil War history through Reconstruction to the advent of the Tennessee Valley Authority (TVA). It considers how McCarthy’s works reflect this milieu as well as that of the greater South at large, trying to place McCarthy within the context of other Southern writers, and the cultural trends and currents which influenced their writing as well as his.