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Melanie Hamilton

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Melanie Hamilton is a fictional character first appearing in the 1936 novel Gone with the Wind by Margaret Mitchell . In the 1939 film she was portrayed by Olivia de Havilland . Melanie is Scarlett O'Hara 's sister-in-law and eventually her best friend. Mitchell likely based the character on her cousin Sister Mary Melanie Holliday .

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132-538: Melanie was born in 1843 or 1844. She and her brother Charles are among the last members left of the wealthy Hamilton family. The family has always valued education and sought to provide its members with the finest available. As a result, they have gained a reputation for producing a fair number of intellectuals and several noted lawyers . For several generations they have intermarried with the like-minded Wilkes family. Melanie and Charles' parents die when their children are still young. Their father, Col. William R. Hamilton,

264-425: A bar examination is also necessary before one can practice law. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in upholding the rule of law, human rights, and the interests of the legal profession. Some jurisdictions have multiple types of lawyers, while others only have one or two. England,

396-448: A legal monopoly over the profession. In some countries, litigants have the option of arguing on their own behalf. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow

528-455: A scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In

660-530: A segregation academy . The school merged with Willington Academy in 1986 to become Orangeburg Preparatory Schools, Inc. In 1913, Judge John Randolph Tucker named the Wade Hampton Census Area in Alaska to commemorate his father-in-law (it was renamed Kusilvak Census Area in 2015 to remove the blemish of having a place named for a slave-holding Confederate general). An artillery battery

792-439: A Confederate line that was retreating from Buck Hill, giving the brigade of Thomas J. Jackson the time to reach the field and make a defensive stand. A bullet creased Hampton's forehead when he led a charge against a U.S. artillery position. It was the first of five wounds he would receive during the war. During the winter of 1861–62, Hampton's Legion was assigned to the command of Gustavus W. Smith . Smith's division accompanied

924-549: A broad field of legal matters. In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. Lawyers in private practice generally work in specialized businesses known as law firms , with

1056-724: A cavalry division. His wounds from Gettysburg were slow to heal, so he did not return to duty until November. During the Overland Campaign of 1864, Hampton's cavalry fought at the Battle of Todd's Tavern during the Battle of the Wilderness . It patrolled the left flank of the Confederate position at the Battle of Spotsylvania Court House , during which time J.E.B. Stuart was killed at the Battle of Yellow Tavern . Hampton escorted Lee's withdrawal to Richmond, fighting at

1188-501: A child for some time and already acted as a second mother to her nephew Wade. She is glad for the chance to have her own child. Melanie announces the news to Scarlett as soon as she is certain. She expects her friend to share her joy. Having lost her mother years ago, Melanie also seems to expect Scarlett to assume the role of the experienced woman advising her on her pregnancy. Instead Scarlett reacts in surprise, confusion and even anger to finding Melanie pregnant with Ashley's child. Melanie

1320-482: A civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor)

1452-435: A colonel's commission. Although he had no military experience, his years of managing plantations and serving in state government were considered signs of leadership. Furthermore wealthy men were commissioned based on social standing and expected to finance military units. Hampton organized " Hampton's Legion ," which consisted of six companies of infantry, four companies of cavalry, and one battery of artillery. He paid for all

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1584-583: A drunken state, cries on her lap, lamenting that his wife never loved him. He almost reveals that Scarlett has long been in love with Ashley before he realizes who he's talking to. He subsequently gives up his feelings for Scarlett and focuses his attentions on their daughter Bonnie, who later dies in a riding accident. It is Melanie that convinces the grief-stricken Rhett to allow them to bury Bonnie after her death. In 1873, Melanie becomes pregnant again, although Dr. Meade had specifically warned her against it. First being overjoyed, she soon weakens considerably after

1716-532: A fair number of enemies, but Melanie and Scarlett are not among them as they also tend to question the motivations behind the war. Generally less judgmental than most members of her social circle, Melanie is surprised when she is approached by Belle Watling, an affluent prostitute and owner of a local brothel. Belle has become well known in the local society and respected members of it frequent her brothel, but in public she usually finds herself isolated. Intending to contribute part of her weekly earnings as charity for

1848-497: A few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. In some fused common law jurisdictions,

1980-506: A government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. In others, jurists or notaries may negotiate or draft contracts. Conveyancing

2112-474: A large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their Anglo-American counterparts, it

2244-566: A law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course . In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree. In America, the American Bar Association decides which law schools to approve for

2376-537: A lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time. Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with

2508-459: A lawyer's work varies depending on the legal jurisdiction and the legal system , as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers , solicitors , conveyancers , notaries , canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times,

2640-501: A license to practice. Some countries require a formal apprenticeship with an experienced practitioner, while others do not. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education, though the number of persons who actually become lawyers that way is increasingly rare. The career structure of lawyers varies widely from one country to the next. In most common law countries, especially those with fused professions, lawyers have many options over

2772-405: A lumber business. After Frank's accidental death (attributed to Scarlett's controversial business practices), Scarlett marries Rhett Butler. Melanie becomes a social pillar of Atlanta, known for her charity and kindness. She even takes in an old convict, Archie. He, along with India Wilkes , witness Scarlett's embrace with Ashley one day at the mill. Melanie refuses to believe the rumors that there

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2904-551: A man they met during Melanie's engagement celebration: Captain Rhett Butler , at the time about 35 years old. Born to a respected family of Charleston, Rhett was disinherited by his father when he refused to marry according to the latter's wishes. He has worked his way up and has made his own fortune in the California Gold Rush of 1849. He has gained wealth and success as a trader but he has a poor reputation. At

3036-509: A message. Shortly afterward, Hampton and his other son, Wade IV, rode in the same direction. Before traveling 200 yards, they came across Preston lying on the ground; he was fatally wounded and soon died. As young Wade dismounted, he was also shot but survived. While Lee's army was bottled up in the Siege of Petersburg , in January 1865, Hampton returned to South Carolina to recruit soldiers. He

3168-482: A miscarriage and calls Scarlett to her. Melanie tells her how much she's loved her, asks her to take care of Beau and of Ashley, and speaks her last words, which involve Rhett Butler and his intense love for Scarlett. Melanie's death serves as a catalyst for the final phase of Scarlett's character growth in the book. Scarlett mourns Melanie's death, and unselfishly thanks God for not allowing the dead woman to know about Ashley's emotional involvement with herself. Melanie

3300-479: A nonmember caught practicing law may be liable for the crime of unauthorized practice of law . Wade Hampton III Wade Hampton III (March 28, 1818 – April 11, 1902) was the scion of one of the richest families in the ante-bellum South, owning thousands of acres of cotton land in South Carolina and Mississippi, as well as thousands of enslaved workers. He became a senior general in

3432-525: A practice which was transferred to many countries in South America and Macau . In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe. The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in

3564-597: A proponent of the Lost Cause of the Confederacy movement. He worked to justify the Confederacy's loss and lamented the loss of his wealthy antebellum life. He embraced the negationist belief that slavery as practiced in the American South was benign and that Black people were racially inferior to White people, but that upper class whites like himself should act in paternalistic fashion. Hampton resented

3696-416: A similar distinction to the common law tradition exists between advocates and procurators . Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions. Other kinds of legal practitioners include: While some jurisdictions regulate

3828-479: A special class of legal professionals–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries, this responsibility is handled by civil law notaries. In many civil law countries, prosecutors are trained and employed as part of

3960-531: A subject of gossip for the local society, Melanie seems to approve of both her friends and verbally defends their reputations. By early 1863 Rhett has established himself as a friend of both women and a frequent visitor to their house. To Melanie he seems a bitter man in need of a woman to comfort him. On the other hand, Scarlett shares much of his cynical view towards people and their ideas. Both women find some of his ideas disturbing but still thought-provoking. In discussion with patriots and idealists who think this

4092-496: A traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time commitment, a concomitant scarcity of full-time law professors), incompetent faculty with underqualified credentials, and textbooks that lag behind

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4224-404: Is a just war , Rhett tends to point that all wars seem just to the soldiers fighting them, but that the leaders and orators guiding them to war tend to place themselves behind the lines and are more interested in monetary gain than ideals. Rhett also points out that those ideals are little more than a cover for the actual financial motivation behind wars. Rhett's often stated beliefs have earned him

4356-497: Is a 'mutt' of French and Irish heritage, and only a second-generation member of the plantation owners. During the time period, the Irish were of nearly the same social standing as black Americans, and Scarlett's Irish father gained Tara in a hand of poker. Physically, Scarlett is ferocious in survival, caustic in her relations, and has a sturdy physical constitution that enables her to endure most hardship, being rarely ill. While Melanie

4488-466: Is a direct foil to that of Scarlett, and their deep 'sisterhood' seems odd to outsiders, who often assume it is Melanie's grace which allows her to be friends with the abrasive Scarlett long after the bounds of Scarlett's first marriage to Melanie's brother ended. But Melanie has always had deep admiration for Scarlett's spirit and strength, and her courage in saving her and newborn Beau has made Melanie eternally and unshakably grateful to Scarlett. Melanie

4620-404: Is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as

4752-530: Is a well-pedigreed member of the Southern aristocracy from a well-known and established family. She is known for her selfless charity, unending kindness, and delicacy. Melanie's physical weakness, likely caused by generations of inbreeding between like-pedigreed cousins, is her downfall, as she is frequently ill and sickly. Her husband, Ashley, is her twin, representing the ideal Southern gentleman, and mirroring her background and constitution. In contrast, Scarlett

4884-539: Is actually pleased about the marriage as she views her new sister-in-law as a true sister. Melanie seems to take an instant liking to Scarlett and welcomes her to their family. On May 1, 1861, Melanie herself marries Ashley. Meanwhile, the American Civil War has broken out and Georgia is now part of the Confederate States of America . Charles has to leave two weeks after his marriage to enlist in

5016-415: Is anything wrong between her husband and 'sister', and saves Scarlett's reputation by graciously asking her to co-hostess Ashley's birthday party that night. Melanie and Rhett continue to have a good relationship, even as his and Scarlett's marriage falls apart. Rhett says Melanie is one of the few real ladies he's ever known. After Scarlett falls down the stairs and miscarries, Melanie comforts Rhett, who in

5148-476: Is at first taken by surprise but she agrees. Scarlett accepts Melanie as her new charge and for the first time feels responsible for her sister-in-law and rival in love's health and care. Melanie is left blissfully unaware of the feelings her husband and "sister" have for each other and the latter's new responsibility towards herself. Melanie is three months pregnant of Ashley's child in March 1864. Melanie has wanted

5280-476: Is attracted to her but he is determined to marry Melanie. His main stated reason is that he believes he has more in common with Melanie than with Scarlett. Scarlett feels disappointed and hurt. In her confusion she decides to hurt Ashley in return by accepting a marriage proposal by Melanie's brother Charles. Scarlett also considers that she is taking revenge against Melanie by marrying her brother. The wedding takes place two weeks later on April 30, 1861, but Melanie

5412-663: Is being held in a prisoner camp in Rock Island, Illinois . The women receive the news with mixed feelings. Their loved one is still alive but for how long is questionable. Rock Island's reputation among the Confederates was no better than that of Andersonville among the Federals; only one quarter of the prisoners held there have ever returned home. The rest die from smallpox , pneumonia and typhus , among other diseases. Melanie's pregnancy continues even though her health

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5544-575: Is born, Melanie and Scarlett make a difficult, dangerous journey to Scarlett's home Tara. There, Melanie, Beau, Scarlett, and Wade live with Scarlet's father, two sisters, and few remaining house slaves. They face much hardship, living in near-constant starvation. After a few months' time, the war finally comes to an end. Eventually, Ashley returns to Tara and Melanie is overjoyed. Soon, Scarlett remarries her sister's fiancé Frank Kennedy and moves to Atlanta. The Wilkeses move there also with their little boy after Melanie persuades Ashley to help Scarlett start

5676-519: Is commonplace. Some large businesses employ their own legal staff in a legal department. Other organizations buy in legal services from outside companies. In some jurisdictions, either the judiciary or the Ministry of Justice directly supervises the admission, licensing, and regulation of lawyers. Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. In

5808-451: Is contemplated or is in progress. In these jurisdictions, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law . In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it

5940-597: Is described as a brave and intelligent man who, in serving the interests of the Hamiltons, often advises his charges and on several occasions makes decisions for them. Thanks to their devoted uncles and aunt, the siblings grow to be well-educated and well-read young people, but due to their somewhat sheltered environment, they tend to be naive in worldly ways. In keeping with the family tradition, in April 1861, Melanie becomes engaged to her first cousin, Ashley Wilkes . Melanie

6072-475: Is described as graceful beyond her years. To Scarlett, she seems more interested in discussing books than in flirting with men. While most young girls present at the celebration seek to impress the young men with their dress sense, Melanie is plainly clothed, discussing the works of William Makepeace Thackeray and Charles Dickens . Scarlett is certain that Ashley will prefer her to Melanie. Confronting him privately, she confesses her love for him. Ashley admits he

6204-531: Is described as having the maturity of a child herself. The one actually responsible for raising the two children is Uncle Peter, an African American slave . Peter is fiercely loyal to the Hamiltons and has served the orphans' father during his military service in the Mexican–American War . Though the Hamiltons are nominally his masters, Peter views them more as his charges and acts as the protector of Pittypat, her niece and nephew throughout their lives. He

6336-489: Is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. In a few civil law countries, such as Sweden, the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas. In many countries, lawyers are general practitioners who represent clients in

6468-509: Is frail. She is put on bed rest for most of the third trimester of her pregnancy. General William Tecumseh Sherman 's troops begin to approach Atlanta. Because of this, Aunt Pittypat and Uncle Peter flee to relatives in Macon, Georgia , and Melanie is left in Scarlett's care. A short while later, Melanie goes into labor. At this time, however, General Sherman is beginning to wage battle with

6600-665: Is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Singapore does not have any admission requirements for in-house counsel. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with

6732-400: Is praised as being the embodiment of the ideal Southern woman, Melanie's literal survival through the war and after is reliant on the 'mutt' Scarlett and Scarlett's breaking of societal rules. During the war, Scarlett is the one to provide the necessary strength to keep them going through starvation and violence, while delicate Melanie must rely on her. Scarlett's willingness to behave outside of

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6864-442: Is somewhat impressed with Melanie's ability to keep a straight face and a smile in the presence of the wounded and her willingness to help and comfort them. Even if some of the gravest wounds make her pale and even cause her to vomit privately, Melanie avoids letting others find out. Scarlett starts considering that her sister-in-law is braver than she appears. At the same time Melanie maintains correspondence with Ashley, and Scarlett

6996-409: Is soon followed by grief as, not surprisingly, Melanie, Scarlett and every resident of Atlanta find many of their acquaintances to be included in the lists. As well, several additions to the lists follow. The battle has been the first major defeat of the Confederates and is considered to have turned the tide of the war. On December 20, 1863, Ashley returns home. He has received a week-long leave, and it

7128-435: Is still interested in hearing of his activities. Scarlett has come to Atlanta intending to stay for a short while and as a visitor, but soon she finds herself settled more permanently and one of Atlanta's socialites. Melanie seems content with the new situation as Scarlett proves to be a better companion than their elderly aunt. At the time Atlanta is seemingly populated mostly by women, by men too old or too young to fight, and

7260-553: Is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer. Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed, and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." In most common law jurisdictions outside of

7392-414: Is the first time Melanie and Scarlett have seen him in about two years. The weary soldier is met with the joy and affection of both women and seems to return it. Before leaving to rejoin his unit, Ashley explains to Scarlett his worries about his wife's current health and her fate in case he falls in battle. Ashley meets Scarlett with the specific request to look and care after Melanie in his absence. Scarlett

7524-423: Is the stereotypical southern belle , embodying the femininity and grace idealized by antebellum American Southern culture. During the post-war, society rewards her for her female virtues by making her an unassailable social pillar, and lauding her as a "true lady". She is universally admired by all of the characters for her selfless goodness, though Scarlett occasionally derides her naivety. The character of Melanie

7656-413: Is unable to grasp the reasons for this reaction but fears that she has somehow hurt her friend. Melanie is also met with the fears of the doctor examining her. According to his examination, Melanie's hip bone seems to be too narrow to safely allow her to give birth. In any case Melanie receives a telegram from Ashley's superior officer explaining that her husband has been reported as missing in action for

7788-504: Is unaware that Scarlett O'Hara intended to marry Ashley. For Scarlett, the news is shocking. Nevertheless, she is present at the engagement celebration, along with her family and most other plantation owners of the county. According to her description, Melanie is a rather petite and delicate young woman with the height and weight of a child. Her most notable feature is a pair of large brown eyes. To Scarlett, she seems quite shy and sweet but not particularly beautiful. However, her way of movement

7920-461: Is worried about her, and ascertaining the reasons behind her current state, he promises to use his connections in Washington, D.C. , to find out whether Major Wilkes has been captured or not. In exchange, Rhett asks Melanie to promise him that she will try to get some rest. A month later Rhett informs Melanie and Scarlett what has happened to Ashley: he has been wounded in conflict, captured, and

8052-758: The North and South trilogy by John Jakes , the character Charles Main serves with Hampton's cavalry throughout the Civil War. Hampton appears in a small role in How Few Remain , the first novel in Harry Turtledove 's Southern Victory Series , an alternate history in which the South wins the American Civil War . Later in the series, in the novel American Empire: Blood and Iron , Hampton's fictional grandson Wade Hampton V appears as President of

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8184-468: The Army of Northern Virginia and has been promoted to the rank of major . Having participated in a number of victorious battles, this army is steadily advancing towards the northern states under the orders of General Robert Edward Lee . On July 1, 1863, the army is engaged in battle against the Federals near the village of Gettysburg , Pennsylvania . The Battle of Gettysburg lasted until July 3 and ends in

8316-521: The Battle of Chancellorsville due to being detached for raids elsewhere. At the Battle of Brandy Station , the war's largest predominantly cavalry battle, Hampton was slightly wounded, and his younger brother Frank was killed. Immediately thereafter, Hampton's brigade participated in Stuart's raid in Pennsylvania, swinging around the U.S. army and losing contact with Lee. Stuart and Hampton reached

8448-407: The Battle of North Anna and the Battle of Haw's Shop before being detached from Lee's army to deal with Maj. Gen. Philip Sheridan 's cavalry destroying central Virginia's railroad. He distinguished himself further with a victory at the Battle of Trevilian Station , the war's largest all-cavalry battle. After his return to Richmond, he fought at the Battle of Nance's Shop and was given command of

8580-565: The Red Shirts , a white supremacist paramilitary group that disrupted elections and suppressed Black voters in the state. Hampton was elected governor, serving from 1876 to 1879. After that, he served two terms as U.S. Senator from 1879 to 1891. Wade Hampton III was born in 1818 at 54 Hasell St. in Charleston, South Carolina , the eldest son of "Colonel" Wade Hampton II (1791–1858) and Ann (née Fitzsimmons) Hampton. His mother

8712-518: The U.S. House of Representatives , and brigadier general in the War of 1812 . Wade III's uncle by marriage, James Henry Hammond , was elected to the U.S. House of Representatives , Governor of South Carolina and, in the late 1850s, elected to the United States Senate . Wade Hampton III grew up in a wealthy planter family, receiving private instruction. He had four younger sisters. His

8844-709: The University of South Carolina , was named for him. In July 2021, the university's Presidential Commission on University History recommended removing his name from the building. A Hampton Park was dedicated in Charleston and another in Columbia in his honor. The historic Hampton Heights neighborhood in Spartanburg is named after him. In 1964, Wade Hampton Academy was started in Orangeburg , considered

8976-550: The measles but then succumbing to pneumonia . His share of the family fortune is inherited by Scarlett, his widow. This sad news is followed by the news of Scarlett's pregnancy. Melanie's nephew is born by the end of the year and is named Wade Hampton Hamilton in honor of Charles's leading general , as was the fashion in the South at the time. Throughout the year both Melanie and her aunt send Scarlett several invitations to join them. Melanie expresses an interest in getting to know her "sister" better and later in seeing her nephew. On

9108-482: The "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally appeared and at their usual rates. Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit

9240-479: The Cavalry Corps on August 11, 1864. For the rest of the war, Hampton lost no cavalry battles. In September, Hampton conducted what became known as the " Beefsteak Raid ", where his troopers captured over 2400 head of cattle and more than 300 prisoners behind enemy lines. In October 1864, near Petersburg, Virginia , Hampton sent his son, T. Preston Hampton, a lieutenant serving as one of his aides, to deliver

9372-592: The Confederate Army of Northern Virginia during the American Civil War . He also had a career as a leading Democratic politician in state and national affairs. By 1877 at the end of the Reconstruction era , Hampton was a leader of the Redeemers , White Southerners who successfully fought to restore white supremacy in the state. His campaign for governor was marked by extensive violence by

9504-661: The Confederate States, assassinated in the first few months of his term by a Freedom Party stalwart. Hampton is mentioned in Chapter 14, Section V of Go Set a Watchman by Harper Lee , when Jean Louise's Uncle Jack is trying to get her to understand her father Atticus's actions regarding the citizens' committee after the Brown v Board of Education 1954 Supreme Court decision. The 2021 independent film Hampton's Legion presents details of Hampton's military activity during

9636-468: The Home Guard. Scarlett sends her slave, Prissy, to find help, but is unable to find any for various reasons. Scarlett and Prissy are then left no choice but to deliver Melanie's baby themselves. The delivery is very difficult due to Melanie's health and small build. As Scarlett did, Melanie names her son Beauregard, or Beau for short, after Ashley's leading general, Pierre Beauregard . After her son

9768-867: The Inns of Court, with no undergraduate degree being required. Although the most common law degree in the United States is the Juris Doctor , most J.D. holders in the United States do not use the title "doctor". It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for " Esquire "). In French ( France , Quebec , Belgium , Luxembourg , French-speaking area of Switzerland ) and Dutch -speaking countries ( Netherlands , Belgium ), legal professionals are addressed as Maître ... , abbreviated to M ... (in French) or Meester ... , abbreviated to mr. ... (in Dutch). In Poland ,

9900-695: The Southern United States, especially African Americans being allowed to vote and participate in politics. He re-entered South Carolina politics in 1876, running in opposition to those policies. Hampton, a Democrat , ran against the Republican incumbent governor Daniel Henry Chamberlain . The 1876 South Carolina gubernatorial election was the bloodiest in the state's history. The Red Shirts used violence in every county to suppress Black voters. "An anti-Reconstruction historian later estimated that 150 Negroes were murdered in South Carolina during

10032-445: The U.S. government's use of United States Colored Troops in occupying forces in South Carolina. Hampton was offered the nomination for governor in 1865 but refused because he believed Northerners would naturally be suspicious of a former Confederate general seeking political office only months after the end of the Civil War. Hampton campaigned to ask supporters not to vote for him in the gubernatorial election . In 1868, he became

10164-427: The U.S. rear, but collided with U.S. cavalry . He received two more saber cuts to the front of his head but continued fighting until he was again wounded with shrapnel to the hip. Colonel Laurence S. Baker assumed command of Hampton's Brigade after the injury. Hampton was carried back to Virginia in the same ambulance as John Bell Hood . On August 3, 1863, Hampton was promoted to major general and received command of

10296-461: The U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . In civil law countries, comparable organizations are known as Orders of Advocates, Chambers of Advocates, Colleges of Advocates, Faculties of Advocates, or similar names. Generally,

10428-401: The United States, India, and Pakistan. On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider. Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists , some of whom are advocates who are licensed to practice in the courts. In some civil law countries,

10560-534: The United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys, and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries. In England and Wales,

10692-509: The Wind , Scarlett O'Hara 's first husband, Charles Hamilton, serves in Hampton's regiment. As it was fashionable (according to Mitchell) to name baby boys after their fathers' commanding officers, Scarlett's son by Charles is named Wade Hampton Hamilton. In the film version of Gone With The Wind , the letter sent to Scarlett advising her of Charles' death is shown to be signed by Hampton. In

10824-432: The bar use the title "Avvocato", abbreviated in "Avv." Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law. In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court. In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have

10956-440: The boundaries placed on women, such as killing soldiers, eating scraps, and seducing her sister's beau for money, ensure the continued survival of Melanie and Scarlett's family. Even after the war, Melanie's survival and position as a Southern matron is reliant on Scarlett's disregard for social niceties, as it is Scarlett's profitable lumber mill and shops which provide Melanie's husband, Ashley, with an income and position. Without

11088-556: The campaign." Though it seems clear that supporters of Hampton included Red Shirts, prominent Hampton biographer Rod Andrew asserted that there was "no evidence that Hampton himself supported or encouraged that violence." Indeed, Benjamin Tillman, the undisputed leader of the Red Shirts, would be instrumental in removing Hampton from his Senate seat in 1890. Both parties claimed victory. For more than six months, two legislatures in

11220-627: The chair of the South Carolina Democratic Party central committee. That year, the Radical Republicans won the election . Hampton essentially ceased most overt political activity until 1876. He helped raise money for legal defense funds after the U.S. government began enforcing anti-Klan legislation of 1870 and 1871 to suppress the Ku Klux Klan 's violence against freedmen and white Republicans. He

11352-484: The city of Greenville to Spartanburg is called Wade Hampton Boulevard. There is also a fire district ( Wade Hampton Fire Department ) named in his honor placed on the east side of Greenville, adjoining the Greenville city limits, which include Wade Hampton High School. The Sons of Confederate Veterans awarded Hampton with its Confederate Medal of Honor , created in 1977. In Margaret Mitchell 's novel Gone with

11484-412: The client and then brief a barrister, usually in writing. The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case. In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In other civil law jurisdictions, like Japan,

11616-404: The client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly,

11748-449: The course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , or law professor . There are also many non-legal jobs for which legal training is good preparation, such as politician , corporate executive , government administrator, investment banker , entrepreneur , or journalist . In developing countries like India,

11880-412: The court down as a result of their inexperience. Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they draft legal papers and prepare for an oral argument. In split common law jurisdictions, the usual division of labor is that a solicitor will obtain the facts of the case from

12012-423: The current state of the law. Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving

12144-447: The defeat and retreat of the Confederates. The news of the battle reach Atlanta early but both the outcome and the fates of many of the soldiers remain uncertain for some time after. Many wait to learn news of their relatives and friends. Melanie and Scarlett have a personal interest in the fate of Ashley, whom they both love. When the first lists of casualties reaches Atlanta, both are relieved not to find Ashley among them. But their relief

12276-663: The end of the Seven Days Battles , although the brigade was not significantly engaged. After the Peninsula Campaign, General Robert E. Lee reorganized his cavalry forces as a division under the command of J.E.B. Stuart , who selected Hampton as his senior subordinate to command one of two cavalry brigades. Hampton's brigade was left in Richmond to observe McClellan's withdrawal from the Peninsula, while

12408-520: The exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. The United States, United Kingdom and Australia are exceptions, home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in law firms. Those who offer their services to members of

12540-476: The forces of Wade Hampton , known as " Hampton's Legion ". A week later Ashley follows him. In his absence Melanie accepts the invitation of Aunt Pittypat to stay with her in Atlanta. The fortunes of both women are still under the management of Uncle Henry. In Atlanta, Melanie receives two important pieces of news. Her brother has died less than two months after his enlistment, having contracted and recovered from

12672-550: The form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts. Some countries, particularly industrialized ones, have

12804-416: The general public—as opposed to those working in-house — are generally self-employed. Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialized chambers this

12936-435: The house of her aunt and sister-in-law. At first feeling awkward with the thought of living under the same roof with Ashley's wife, Scarlett progressively regains her interest in life. Partly responsible for that is Melanie's interest and affection towards her, though her occasional crushing hugs are hard for Scarlett to get used to. Melanie is serving as a volunteer nurse in the local hospital. Soon Scarlett joins her. Scarlett

13068-414: The job Scarlett provides, Ashley, and therefore Melanie, would be unable to remain in the South and continue their culture. As a result of Scarlett protecting Melanie during trials, Melanie admires and protects Scarlett as she can in social settings. Melanie being placed on a pillar by Southern society can be viewed as their worship of the time and standards of the past, with the rejection of Scarlett being

13200-436: The judiciary. They are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. The educational prerequisites for becoming

13332-806: The last three days. Melanie finds herself believed to be a widow. Turning to each other for comfort, Melanie and Scarlett reconcile. They spend that night crying in each other's arms. But the news of Ashley's death prove to have been premature. Another report informs the two women that efforts to recover his body have failed and that he is considered likely to have been captured by enemy forces. Anxious over her husband's uncertain fate, Melanie grows restless for some time. Even late at night Scarlett can hear Melanie pacing her bedroom back and forth, apparently suffering from insomnia . This practice gradually exhausts her health and at one point she even passes out in public, an unusual incident for her. Fortunately for Melanie, Rhett happens to be near and returns her home safely. Rhett

13464-402: The lawyer explains her or his fees to the client. In England, only solicitors were traditionally in direct contact with the client, but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases barristers were obliged, under what is known as

13596-489: The local hospital, Belle has found her offer being rejected. The idea is that money from such a source would be an insult to the heroic and wounded soldiers. Instead, Melanie accepts the offer. Melanie privately explains to Scarlett, who by this point has become her closest confidante, that in the process she risks her own reputation, but she reasons that the hospital needs any help it can get and that Belle's intentions are noble in this case. Meanwhile, Ashley has been serving in

13728-576: The mid-1870s, the white supremacist paramilitary group known as the Red Shirts developed chapters in most South Carolina counties. These groups acted as "the military arm of the Democratic Party." They marched in parades during campaigns, openly disrupted Republican meetings, and worked to suppress black voting in the state by violence and intimidation. Hampton opposed the Radical Republicans' Reconstruction era policies in

13860-550: The mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors . Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. Most countries in this category are common law countries, though France,

13992-538: The other hand, Scarlett is going through a state of depression . Her mother is concerned about her and finally manages to convince her to accept the invitations. Following a short visit to maternal relatives in Savannah followed by Charleston , South Carolina , Scarlett and her son, accompanied by her maid, Prissy , arrive in Atlanta during the first months of 1862. She is welcomed by Uncle Peter, aging but still determined to take care of his new charges. He brings her to

14124-436: The practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing

14256-526: The purposes of admission to the bar. Law schools in the United States and Canada award graduating students a J.D. ( Juris Doctor ) as a professional law degree. In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first, although very few people actually become lawyers that way. The methods and quality of legal education vary widely. Some countries require extensive clinical training in

14388-454: The rejection of the Southern post-war reality's need for practical survival. Melanie's fading and eventual death reflect the permanent loss of the pre-war glory, and Scarlett's final rejection of Melanie's husband indicate that the South is ready to move on from the past. Lawyers A lawyer is a person who is qualified to offer advice about the law , draft legal documents, or represent individuals in legal matters. The exact nature of

14520-568: The rest of Joseph E. Johnston 's Army of Northern Virginia down the Virginia Peninsula to aid in the Siege of Yorktown (1862) before Johnston withdrew to Richmond. On May 23, 1862, Hampton was promoted to brigadier general . At the Battle of Seven Pines on May 31, 1862, he was severely wounded in the foot, but while still under fire, he remained on his horse while the foot was treated. Hampton returned to duty in time to fill in as leader of an infantry brigade for Stonewall Jackson at

14652-601: The rest of the army participated in the Northern Virginia Campaign . Thus, Hampton and his men missed the Second Battle of Manassas , re-joining the army shortly thereafter; but were present on the extreme left of the Confederate line at Sharpsburg . His brigade was selected to participate in Stuart's Chambersburg Raid in October 1862, in which Hampton was briefly appointed "military governor" of

14784-507: The state claimed to be authentic. Eventually, the South Carolina Supreme Court ruled that Hampton won the election, the first Democratic governor in South Carolina since the end of the Civil War. The national election of Rutherford B. Hayes as President of the United States was settled by a compromise among Democrats, by which the national party agreed to end the Reconstruction era formally. In 1877 Hayes ordered

14916-496: The time he and his sailing ship have been smuggling supplies from the United Kingdom of Great Britain and Ireland , France , and even the port of New York Harbor to the Confederacy. Noted for his cynicism , Rhett observes that he has gained both in wealth and in appreciation by this practice. He seems to take an instant interest in befriending both young women and soon starts flirting with Scarlett. Though this provides

15048-489: The title Mecenas is used to refer to advocates and attorneys at law, although as an informal title its status is not protected by law. In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for

15180-422: The town following its surrender to the Confederate cavalry. During the winter of 1862, Hampton led a series of cavalry raids behind enemy lines and captured numerous prisoners and supplies without casualties, earning a commendation from General Lee. In November 1862, he captured 137 men of the 3rd Pennsylvania Cavalry at Hartwood Presbyterian Church . Hampton was not present at the Battle of Fredericksburg or

15312-431: The use of the title "lawyer", others do not. Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees , starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates. Therefore, in many southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as "doctor",

15444-399: The vicinity of Gettysburg, Pennsylvania , late on July 2, 1863. While just outside town, Hampton was confronted by a U.S. cavalryman pointing a rifle at him from 200 yards. Hampton charged the soldier before he could fire his rifle, but another soldier blindsided Hampton with a saber cut to the back of his head. On July 3, Hampton led the cavalry attack east of Gettysburg, attempting to disrupt

15576-473: The weapons for the unit. Hampton proved a natural cavalryman—brave, audacious, and a superb horseman. Of officers without previous military experience, he was one of three to achieve the rank of lieutenant general , the others being Nathan Bedford Forrest and Richard Taylor . Hampton's first combat came at the First Battle of Manassas , where he deployed his unit at a decisive moment, reinforcing

15708-490: The withdrawal of U.S. troops from the Southern United States, essentially leaving whites to reassert control over freedmen. After the election, Hampton became known as the "Savior of South Carolina"; he was one of those Democrats elected who were called " Redeemers ." He was re-elected in 1878 ; the Red Shirts gave support, but less violence was required. Hampton was thrown from a mule while deer hunting two days later and broke his right leg. Several weeks later, his right leg

15840-457: The wounded returning from the front. However, a number of men eligible to fight still remain in the city as part of the local militia . Melanie harshly criticizes their presence in the city, while more forces are needed at the front. Scarlett soon finds that, as passively as Melanie usually acts, she can become surprisingly passionate and even aggressive in support of her ideals. By the summer of 1862, Melanie and Scarlett have been re-acquainted to

15972-826: Was a hereditary member of the South Carolina Society of the Cincinnati . In 1838, Hampton married Margaret Preston (1818–1852). Their children were: Wade Hampton IV (1840–1879), Thomas Preston Hampton (1843–1864, killed in the war), Sarah Buchanan Hampton (1845–1886), John Preston Hampton (1846–1847), and Harriet Flud Hampton (1848–1853). In 1858, Hampton III married Mary Singleton McDuffie (1830–1874). Their children were: George McDuffie Hampton (1859–1917), Mary Singleton "Daisy" Hampton (1861–1934), Alfred Hampton (1863–1942), and Catherine Fisher Hampton (born and died 1867) Wade Hampton died in Columbia in 1902. He

16104-568: Was a push to remove Confederate symbols in the United States Capitol , including the Hampton statue. Congressional representatives voted to retain the statues. To honor Hampton for his leadership in the Civil War and the " redemption " of the state from Reconstruction-era reforms, the General Assembly created Hampton County from Beaufort County in 1878. The town of Hampton Courthouse, later shortened to Hampton ,

16236-686: Was amputated due to complications from the injury. Despite refusing to announce his candidacy for the Senate, Hampton was elected to the United States Senate by the South Carolina General Assembly on the same day his leg was amputated. He resigned from the governorship to serve two terms in the U.S. Senate until 1891. He was a conservative Bourbon Democrat who appealed to some freedmen in support of his win. From 1893 to 1897, Hampton served as United States Railroad Commissioner , appointed by President Grover Cleveland . He

16368-621: Was an active outdoor life; he rode horses and hunted, especially at his family's North Carolina summer retreat, High Hampton . All his life he took hunting trips alone into the woods, hunting American black bears with only a knife. In 1836 Hampton graduated from South Carolina College (now the University of South Carolina ) and was trained for the law, although he never practiced. His father assigned certain plantations to him to manage in South Carolina and Mississippi . The younger man also became active in Democratic state politics. He

16500-763: Was buried in Trinity Cathedral Churchyard . Statues of him were erected in the South Carolina State House building and the United States Capitol . An equestrian statue by Frederick W. Ruckstull was erected on the grounds of the S.C. state capitol in Columbia , in 1906. In the wake of the June 17, 2015, massacre at the Charleston Emanuel African Methodist Episcopal Church by white supremacist Dylann Roof , there

16632-440: Was described as a hot-tempered, fiery soldier "with a ramrod for a backbone". The two siblings are placed under the joint guardianship of Henry Hamilton and Sarah Jane "Pittypat" Hamilton, their father's brother and sister. Neither Henry nor Pittypat are married and so they consider their nephew and niece as their children. Henry is a lawyer and resident of Atlanta and the family fortune has been placed under his management. Pittypat

16764-571: Was elected to the South Carolina General Assembly in 1852 and was a state Senator from 1858 to 1861. After Hampton's father died in 1858, he inherited a vast fortune, plantations, and enslaved people. During the Civil War, Hampton served in the Confederate army, resigning from the South Carolina Senate to enlist as a private in the South Carolina Militia. The governor of South Carolina insisted that Hampton accept

16896-533: Was from a wealthy family in Charleston . After the War of 1812, his father built a fortune on land speculation in the southern states. The senior Hampton was an officer of dragoons in the War of 1812 and an aide to General Andrew Jackson at the Battle of New Orleans . The boy was the grandson of Wade Hampton (1754–1835), lieutenant colonel of cavalry in the American War of Independence , member of

17028-613: Was incorporated on December 23, 1879, to serve as the county seat of Hampton County. Across South Carolina, many towns and cities renamed streets for him. At least eight municipalities in South Carolina have a street named "Wade Hampton" ( Beaufort , Charleston , Duncan , Greenville , Greer , Hampton, Taylors , and Walterboro ) and approximately 47 towns in the state have streets named "Hampton". Two high schools in South Carolina are named Wade Hampton High School: in Greenville and in Varnville . A residence hall at Hampton's alma mater,

17160-489: Was named after Wade Hampton at Fort Crockett , built on Galveston Island , Texas. The Wade Hampton Battery was one of four coastal artillery batteries and contained two 10-inch guns. During World War II, the SS Wade Hampton , a Liberty ship named in honor of the general, was sunk off the coast of Greenland by a German U-boat . In Greenville County, South Carolina , the section of U.S. Route 29 that connects

17292-659: Was not active in the Klan. Hampton supported Matthew Calbraith Butler in the Union Reform campaign of 1870 . Other insurgent groups rapidly formed to compound the KKK. In South Carolina and other states, groups of men calling themselves "rifle clubs" formed to act as vigilantes in the years after the war. In 1876, an estimated 20,000 men in South Carolina were members of rifle clubs. Political campaigns were increasingly violent as whites tried to suppress black voting. Beginning in

17424-547: Was promoted to lieutenant general on February 14, 1865, but eventually surrendered to the United States along with General Joseph E. Johnston 's Army of Tennessee at Bennett Place in Durham, North Carolina . Hampton was reluctant to surrender and nearly got into a personal fight with U.S. Brig. Gen. Judson Kilpatrick (often called "Kill-Cavalry") at the Bennett Farm. Together with Lt. Gen. Jubal A. Early , Hampton became

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