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Book
xii, 345 pages ; 24 cm.
  • Introduction
  • The imprisoner's dilemma
  • Two lions of the New York Bar
  • O'Conor's bluff
  • The Civil War as a trial by battle
  • The return of the rule of law
  • Speed issues an opinion
  • Public opinion and its uses
  • Thaddeus Stevens, secession, and radical reconstruction
  • Underwood and Chase
  • Secession and belligerency in Shortridge v. Macon
  • Richard Henry Dana comes on board
  • The reach of the prize cases
  • Two embattled presidents
  • O'Conor's triumph
  • Epilogue: Texas v. White and the 'settlement' of secession's constitutionality.
"This book focuses on the post-Civil War treason prosecution of Confederate President Jefferson Davis, which was seen as a test case on the major question that animated the Civil War: the constitutionality of secession. The case never went to trial because it threatened to undercut the meaning and significance of Union victory. [The author] describes the interactions of the lawyers who worked on both sides of the Davis case - who saw its potential to disrupt the verdict of the battlefield against secession. In the aftermath of the Civil War, Americans engaged in a wide-ranging debate over the legitimacy and effectiveness of war as a method of legal adjudication. Instead of risking the 'wrong' outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. White (1869)."-- Provided by publisher.
Law Library (Crown)
Book
vii, 198 pages ; 23 cm
  • The origins of a Maryland secessionist
  • Harris and secession, 1861/1863
  • Congress and the war
  • "A damning speech," the roots of a trial
  • The Democratic Party Convention of 1864
  • The military prosecution of a Congressman
  • Aftermath of the trial, 1865/1892.
In May 1865, the final month of the Civil War, the U.S. Army arrested and prosecuted a sitting congressman in a military trial in the border state of Maryland, though the federal criminal courts in the state were functioning. Convicted of aiding and abetting paroled Confederate soldiers, Benjamin Gwinn Harris of Maryland's Fifth Congressional District was imprisoned and barred from holding public office.Harris was a firebrand-effectively a Confederate serving in Congress-and had long advocated the constitutionality of slavery and the right of states to secede from the Union. This first ever book-length analysis of the unusual trial examines the prevailing opinions in Southern Maryland and in the War Department regarding slavery, treason and the Constitution's guarantee of property rights and freedom of speech.
(source: Nielsen Book Data)9781476664897 20170313
Law Library (Crown)
Book
xii, 212 pages ; 22 cm.
  • Introduction
  • The United States and its use of the people
  • The Confederacy and its legal contradictions
  • Enslaved Americans, Emancipation, and the future legal order
  • The federal government and the reconstruction of the legal order
  • The possibilities of rights
  • The power of law and the limits of rights
  • Conclusion.
Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.
(source: Nielsen Book Data)9781107401341 20161010
Law Library (Crown)
Video
1 videodisc (1 hr., 2 min.) : sound, color ; 4 3/4 in.
Chief Justice Rehnquist talks about his book on Supreme Court history, All the Laws but One, a book about wartime civil liberties. In 1861, Abraham Lincoln responded to the national threat by suspending the writ of habeas corpus. Lincoln's decision reveals a conflict in the practice of American democracy, and the Chief Justice examines the clash between the demands of a successful war effort and the compelling need to protect civil liberties. Rehnquist relates how the exigencies of wartime strain civil liberties.
Law Library (Crown)
LAW-593-01
Video
1 videodisc (57 min.) : sound, color ; 4 3/4 in.
Chief Justice Rehnquist talks about the constriction of civil liberties during wartime, specifically the U.S. Civil War, such as the writ of habeas corpus, which prevents people from being detained for any length of time without formal charges and the trial of draft dodgers by military courts.
Law Library (Crown)
Book
16, [1] pages : illustrations (some color). ; 22 cm
  • Introduction
  • GPO & Swampoodle
  • Lincoln & Defrees
  • Lincoln's visit
  • Emancipation Proclamation
  • Company F & Company G.
History of the Government Printing Office, which opened its doors on Mar. 4, 1861, the same day Abraham Lincoln was inaugurated.
Law Library (Crown)
Book
465 pages ; 26 cm
  • Letter from the editor-in-chief / Erika A. James
  • Emancipation and the Proclamation : of contrabands, Congress, and Lincoln / Robert Fabrikant
  • When did Lincoln stop beating his wife? : a reply to Robert Fabrikant / James Oakes
  • James Oakes's treatment of the First Confiscation Act in Freedom National : the Destruction of Slavery in the United States, 1861-1865 / Angela M. Porter
  • Emancipation and the Second Confiscation Act : Lincoln had other ideas / Nadine F. Mompremier
  • Articles.: An albatross for the government legal advisor under MRPC Rule 8.4 / Robert Bejesky
  • A shared sovereignty solution to the conundrum of District of Columbia congressional representation / James L. Craig, Jr.
  • Religious law schools and democratic society / Jennifer L. Wright
  • Kids, cops, and sex offenders : pushing the limits of the interest-convergence thesis / David A. Singleton.
Law Library (Crown)
Book
x, 480 p., plates : ill., maps, ports. ; 25 cm.
  • "A frenzy seized my soul"
  • One bold stroke
  • "Order! Order! Order!"
  • "That demon question"
  • "Ultima thule"
  • Old Harry
  • "We have another epidemic"
  • The city of magnificent intentions
  • Deadlock
  • The godlike Daniel
  • "A great soul on fire"
  • "Wounded eagle"
  • "Secession! Peaceful secession!"
  • "A higher law"
  • God deliver me from such friends"
  • "He is not dead, sir"
  • "Let the assassin fire!"
  • Filibusters
  • "A legislative saturnalia"
  • A pact with the devil
  • "War, open war"
  • "All is paralysis"
  • The Omnibus overturned
  • "A steam engine in britches"
  • "Break your masters' locks!"
  • "It is time we should act"
  • Triumphs
  • "A scandalous outrage"
  • Epilogue: The reckoning.
The spellbinding story behind the longest debate in U.S. Senate history: the Compromise of 1850, which brought together Senate luminaries on the eve of the Civil War in a desperate effort to save the Union.
Law Library (Crown)
Book
xiii, 207 p. : ill. ; 22 cm
Law Library (Crown)
Book
18 leaves ; 28 cm
Law Library (Crown)
Book
576 p. : ill ; 24 cm.
  • Chapter 1: A Nation Announcing Itself Chapter 2: The Disillusion of Compromise Chapter 3: From Debate to Civil War Chapter 4: To War Upon Slavery: The East and Emancipation, 1861-1862 Chapter 5: Elusive Victories: East and West, 1862-1863 Chapter 6: The Soldier's Tale Chapter 7: The Manufacture of War Chapter 8: Year That Trembled: East and West, 1863 Chapter 9: World Turned Upside Down Chapter 10: Stalemate and Triumph Chapter 11: A Dim Shore Ahead Epilogue Index.
  • (source: Nielsen Book Data)9780199843282 20160608
The Civil War is the greatest trauma ever experienced by the American nation, a four-year paroxysm of violence that left in its wake more than 600,000 dead, more than 2 million refugees, and the destruction (in modern dollars) of more than $700 billion in property. The war also sparked some of the most heroic moments in American history and enshrined a galaxy of American heroes. Above all, it permanently ended the practice of slavery and proved, in an age of resurgent monarchies, that a liberal democracy could survive the most frightful of challenges. In Fateful Lightning, two-time Lincoln Prize-winning historian Allen C. Guelzo offers a marvelous portrait of the Civil War and its era, covering not only the major figures and epic battles, but also politics, religion, gender, race, diplomacy, and technology. And unlike other surveys of the Civil War era, it extends the reader's vista to include the postwar Reconstruction period and discusses the modern-day legacy of the Civil War in American literature and popular culture. Guelzo also puts the conflict in a global perspective, underscoring Americans' acute sense of the vulnerability of their republic in a world of monarchies. He examines the strategy, the tactics, and especially the logistics of the Civil War and brings the most recent historical thinking to bear on emancipation, the presidency and the war powers, the blockade and international law, and the role of intellectuals, North and South. Written by a leading authority on our nation's most searing crisis, Fateful Lightning offers a vivid and original account of an event whose echoes continue with Americans to this day.
(source: Nielsen Book Data)9780199843282 20160608
Law Library (Crown)
Book
viii, 498 p., plates : ill ; 24 cm.
  • The rights of humanity
  • The rules of civilized warfare
  • A false feeling of mercy
  • Rules of wrong
  • We don't practise the law of nations
  • Blood is the rich dew of history
  • Act of justice
  • To save the country
  • Smashing things to the sea
  • Soldiers and gentlemen
  • Glenn's brigade
  • Epilogue.
"By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. In the fateful closing days of 1862, just three weeks before Emancipation, Abraham Lincoln's top military advisors commissioned a code of rules to govern the armies of the United States in a newly intensified war effort. The code Lincoln issued the next spring helped shape the remaining two years of Civil War. Its rules on torture, prisoners of war, assassination, and more quickly became foundations of the modern laws of war and today's Geneva Conventions. Yet the hidden story of Lincoln's code, and of the decades of controversy that lay behind it, has never been told. In this masterful and strikingly original history, John Witt charts the alternately troubled and triumphant course of the laws of war in America from the Founding Founders to the dawn of the modern era, revealing the history of a code that reshaped the laws of war the world over. Ranging from the Revolution to the War of 1812, from war with Mexico to the Civil War, from Indian wars to the brutal counterinsurgency campaign in the Philippines, Witt tells a story that features presidents as well as men in the throes of battle, one that spans war-makers and pacifists, Indians and slaves. In a time of heated controversy about the nation's conduct in the war on terror, Lincoln's Code is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience. "-- Provided by publisher.
Law Library (Crown)
Book
xv, 318 pages ; 24 cm
  • Slavery in ancient Greece
  • Slavery and the Bible
  • Hugo Grotius on slavery and the law of nations (1625)
  • Somerset v. Stewart (1771-1772) and its consequences
  • John Wesley and the sins of slavery (1774)
  • The Declaration of Independence and the issue of slavery (1776)
  • Human nature and the Constitution
  • The compromises with respect to equality in the Constitution (1787)
  • States in the Constitution (1787)
  • The Federalist on slavery and the Constitution (1787-1788)
  • Hannah More and other poets on slavery (1798-1847)
  • Suppression of the international slave trade
  • John Quincy Adams and John C. Calhoun on the abolitionist petitions to Congress
  • The fugitive slave laws (1793, 1850)
  • Frederick Douglas and Uncle Tom's Cabin (1852)
  • Chief Justice Taney and the Dred Scott case (1857)
  • The Dred Scott case dissenters (1857)
  • Abraham Lincoln in Cincinnati (1859, 1861)
  • Stephen A. Douglas in Montgomery (November 1860)
  • The ordinances of secession (1860-1861)
  • The declarations of causes issued by seceding states (1860-1861)
  • The Confederate Constitution (1861)
  • Abraham Lincoln, the Civil War generals, and slavery (1861-1865)
  • Ralph Waldo Emerson and the Emancipation Proclamation (1862)
  • The Civil War amendments (1865, 1868, 1870)
  • The lost cause transformed
  • Appendix A: The Declaration of Independence (1776)
  • Appendix B: The Northwest Ordinance (1787)
  • Appendix C: The United States Constitution (1787)
  • Appendix D: The amendments to the United States Constitution (1791-1992)
  • Appendix E: The Confederate Constitution (1861)
  • Appendix F: On the relations of slaves to masters who considered them "nothings".
In this insightful book about constitutional law and slavery, George Anastaplo illuminates both how the history of race relations in the United States should be approached and how seemingly hopeless social and political challenges can be usefully considered through the lens of the U.S. Constitution. He examines the outbreak of the American Civil War, its prosecution, and its aftermath, tracing the concept of slavery and law from its earliest beginnings and slavery's fraught legal history within the United States. Anastaplo offers discussions that bring into focus discussions of slavery in Ancient Greece and within the Bible, showing their influence on the Constitution and the subsequent political struggles that led to the Civil War.
(source: Nielsen Book Data)9780739171769 20160612
Law Library (Crown)
Book
xiii, 191 p. : ill ; 23 cm.
  • Introduction
  • "Baltimore is to be the battlefield of the southern revolution" : the Baltimore riot and the formation of Lincoln's habeas corpus policy
  • "A collision of civil and military authority" : the arrest and incarceration of John Merryman
  • "Prosecute your best cases not the weak and doubtful" : the difficulty of punishing disloyalty in the loyal states
  • "Necessity is the tyrant's plea" : the Habeas Corpus Act, part I : congressional reaction to military arrests and tribunals
  • "The government must in some way sustain you in your official acts" : the Habeas Corpus Act, part II : the failure of congress to protect those waging war
  • Epilogue: "Habeas Corpus John".
Law Library (Crown)
Book
1 online resource (346 pages) : illustrations.
  • Introduction. Friends unseen: the ballad of political dependency
  • Hungry for protection: the Confederate roots of dependence
  • Slaves and the great deliverer: freedom and friendship behind Union lines
  • Vulnerable at the circumference: demobilization and the limitations of the Freedmen's Bureau
  • The great day of acounter: democracy and the problem of power in Republican Reconstruction
  • The persistence of prayer: dependency after redemption
  • Crazes, fetishes, and enthusiasms: the silver mania and the making of a new politics
  • A compressive age: white supremacy and the growth of the modern state
  • Coda. Desperate times call for distant friends: Franklin Roosevelt as the last good king?
In this highly original study, Gregory Downs argues that the most American of wars, the Civil War, created a seemingly un-American popular politics, rooted not in independence but in voluntary claims of dependence. Through an examination of the pleas and petitions of ordinary North Carolinians, Declarations of Dependence contends that the Civil War redirected, not destroyed, claims of dependence by exposing North Carolinians to the expansive but unsystematic power of Union and Confederate governments, and by loosening the legal ties that bound them to husbands, fathers, and masters. Faced with anarchy during the long reconstruction of government authority, people turned fervently to the government for protection and sustenance, pleading in fantastic, intimate ways for attention. This personalistic, or what Downs calls patronal, politics allowed for appeals from subordinate groups like freed blacks and poor whites, and also bound people emotionally to newly expanding postwar states. Downs's argument rewrites the history of the relationship between Americans and their governments, showing the deep roots of dependence, the complex impact of the Civil War upon popular politics, and the powerful role of Progressivism and segregation in submerging a politics of dependence that--in new form--rose again in the New Deal and persists today.
(source: Nielsen Book Data)9780807834442 20161213
Law Library (Crown)
Book
ix, 356 p. ; 24 cm.
  • The secession crisis and Missouri
  • The command of John C. Frémont
  • General Henry W. Halleck and the law of war
  • Military government and civil liberties
  • The struggle for Missouri and martial law
  • Civil liberties under General Samuel R. Curtis
  • Radical policies and the removal of General Samuel R. Curtis
  • Emancipation and civil liberties
  • Lincoln's showdown with the radicals
  • General William S. Rosecrans and Price's raid
  • Lincoln and the return to civilian rule in Missouri.
Law Library (Crown)
Book
xiv, 282 p. : ill. ; 25 cm.
  • Introduction
  • The only association where black men and white men mingle on a foot of equality
  • Comradeship tried : the GAR in the South
  • The African American post
  • The black GAR circle
  • Heirs of these dead heroes : African Americans and the battle for memory
  • Memorial Day in black and white
  • Where separate Grand Army posts are unknown, as colored and white are united : the integrated post
  • Community, memory, and the integrated post
  • Comrades bound by memories many
  • And if spared and growing older
  • Liberty and union, now and forever, one and inseparable : what they remembered they won
  • The won cause at century's end
  • A story of a slaveholding society that became a servant of freedom : the won cause in the twentieth century
  • Epilogue: All one that day if never again : the final days of the GAR.
In the years after the Civil War, black and white Union soldiers who survived the horrific struggle joined the Grand Army of the Republic (GAR)--the Union army's largest veterans' organization. In this thoroughly researched and groundbreaking study, Barbara Gannon chronicles black and white veterans' efforts to create and sustain the nation's first interracial organization. According to the conventional view, the freedoms and interests of African American veterans were not defended by white Union veterans after the war, despite the shared tradition of sacrifice among both black and white soldiers. In "The Won Cause, " however, Gannon challenges this scholarship, arguing that although black veterans still suffered under the contemporary racial mores, the GAR honored its black members in many instances and ascribed them a greater equality than previous studies have shown. Using evidence of integrated posts and veterans' thoughts on their comradeship and the cause, Gannon reveals that white veterans embraced black veterans because their membership in the GAR demonstrated that their wartime suffering created a transcendent bond--comradeship--that overcame even the most pernicious social barrier--race-based separation. By upholding a more inclusive memory of a war fought for liberty as well as union, the GAR's "Won Cause" challenged the Lost Cause version of Civil War memory.
(source: Nielsen Book Data)9780807834527 20160605
Law Library (Crown)
Book
1 online resource (xvi, 292 pages) : illustrations, map.
  • Introduction: perception of war
  • Early clashes
  • Fear and reaction in the border South
  • Southern aggression in the lower North
  • Interstate diplomacy
  • Fighting against slavery in the lower North
  • The struggle for the border South
  • Fighting over the fugitive slave law
  • Pressure on the border South increases
  • From border war to Civil War.
During the 1840s and 1850s, a dangerous ferment afflicted the North-South border region, pitting the slave states of Maryland, Virginia, Kentucky, and Missouri against the free states of New Jersey, Pennsylvania, Ohio, Indiana, and Illinois. Aspects of this struggle--the underground railroad, enforcement of the fugitive slave laws, mob actions, and sectional politics--are well known as parts of other stories. Here, Stanley Harrold explores the border struggle itself, the dramatic incidents that comprised it, and its role in the complex dynamics leading to the Civil War.
(source: Nielsen Book Data)9780807834312 20161213
Law Library (Crown)
Book
xvii, 463 p. : ill. ; 24 cm.
  • Prologue : 1776 to 1857
  • The Dred Scott case
  • Virginia v. John Brown
  • Secession
  • The conflict between the chief justice and the chief executive : ex parte Merryman
  • The war at sea : international law and diplomacy
  • Ending slavery
  • The revenge trials.
Law Library (Crown)
Book
ix, 306 p. : ill., maps ; 25 cm.
  • Financial conspiracy
  • New banks
  • New bankers
  • Insider lending
  • The Unionists regain control
  • Guerrillas
  • The transformation of regional identity
  • War and the administrative state.
This highly original work explores a previously unknown financial conspiracy at the start of the American Civil War. The book explains the reasons for the puzzling intensity of Missouri's guerrilla conflict, and for the state's anomalous experience in Reconstruction. In the broader history of the war, the book reveals for the first time the nature of military mobilization in the antebellum United States.
(source: Nielsen Book Data)9780300151510 20160603
Law Library (Crown)