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Book
xiv, 221 pages ; 25 cm.
  • Introduction
  • A government without citizens
  • The rise and fall of a slaveholder's republic
  • Schools of citizenship
  • Defining loyalty in an age of emancipation
  • Loyalty under fire
  • It looks much like abandoned land
  • Epilogue.
This is the story of how Americans attempted to define what it meant to be a citizen of the United States, at a moment of fracture in the republic's history. As Erik Mathisen demonstrates, prior to the Civil War, American national citizenship amounted to little more than a vague bundle of rights. But during the conflict, citizenship was transformed. Ideas about loyalty emerged as a key to citizenship, and this change presented opportunities and profound challenges aplenty. Confederate citizens would be forced to explain away their act of treason, while African Americans would use their wartime loyalty to the Union as leverage to secure the status of citizens during Reconstruction. In The Loyal Republic, Mathisen sheds new light on the Civil War, American emancipation, and a process in which Americans came to a new relationship with the modern state. Using the Mississippi Valley as his primary focus and charting a history that traverses both sides of the battlefield, Mathisen offers a striking new history of the Civil War and its aftermath, one that ushered in nothing less than a revolution in the meaning of citizenship in the United States.
(source: Nielsen Book Data)9781469636320 20180514
Law Library (Crown)
Book
pages cm
  • Machine generated contents note:
  • Introduction: A Civil War Of, By, and For Lawyers?
  • Prologue: The Inseparability of Politics and Law: The First Lincoln-Douglas Debate
  • Chapter One: The Contested Legality of Secession
  • Chapter Two: A Tale of Two Cabinets and Two Congresses
  • Chapter Three: In Re Merryman and its Progeny
  • Chapter Four: Was Secession a Crime?
  • Chapter Five: An Emancipation Proclamation
  • Chapter Six: "A New Birth of Freedom"
  • Epilogue: The Lawyers' Reconstruction
  • Conclusion: The Lawyers' Civil War in Retrospect.
"In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on which side has an argument that one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws, " such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. Uncivil Warriors focuses on these lawyers' civil war: the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both sides in the Civil War had their complement of lawyers, and eminent legal historian Peter Hoffer, provides coverage of both sides' leading lawyers. In positions of leadership, they struggled to make sense of the conflict and, in the course of that struggle, they began to glimpse into a new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors focus on the legal side of America's worst conflict will reshape our understanding of the Civil War itself."-- Provided by publisher.
Law Library (Crown)
Book
xx, 364 pages ; 24 cm
  • James Buchanan and John J. Crittenden
  • Declarations of Secession
  • U.S. House of Representatives, Journal of the Committee of Thirty-Three
  • Proposals to Amend the U.S. Constitution
  • Three Congressional Speeches.
"Five months after the election of Abraham Lincoln, which had revealed the fracturing state of the nation, Confederates fired on Fort Sumter and the fight for the Union began in earnest. This documentary reader offers a firsthand look at the constitutional debates that consumed the country in those fraught five months. Day by day, week by week, these documents chart the political path, and the insurmountable differences, that led directly--but not inevitably--to the American Civil War. At issue in these debates is the nature of the U.S. Constitution with regard to slavery. Editor Dwight Pitcaithley provides expert guidance through the speeches and discussions that took place over Secession Winter (1860-1861)--in Congress, eleven state conventions, legislatures in Tennessee and Kentucky, and the Washington Peace Conference of February, 1861. The anthology brings to light dozens of solutions to the secession crisis proposed in the form of constitutional amendments--90 percent of them carefully designed to protect the institution of slavery in different ways throughout the country. And yet, the book suggests, secession solved neither of the South's primary concerns: the expansion of slavery into the western territories and the return of fugitive slaves. What emerges clearly from these documents, and from Pitcaithley's incisive analysis, is the centrality of white supremacy and slavery--specifically the fear of abolition--to the South's decision to secede. Also evident in the words of these politicians and statesmen is how thoroughly passion and fear, rather than reason and reflection, drove the decision making process. "-- Provided by publisher.
"The re-telling of the fateful five months between Lincoln's election and the firing on Fort Sumter that started the American Civil War is often compressed in order to get on with the dramatic story of the war itself. Designed as a documentary reader for college-level courses, Secession Revealed provides a treasure trove of primary sources that take readers day by day and week by week through the constitutional debates over slavery and slaveholders' rights that culminated in secession. Disagreements over the return of fugitive slaves, the protection of slavery in the western territories, and the carrying of slaves into free states and territories were the three major issues on the table. The inability of the country to resolve these different perceptions of constitutional authority and rights led to the secession of the South and the onset of war in the spring of 1861. Reader Tim Huebner said, "If there are any lessons the reader takes away from the editor's introduction, they are that slavery and white supremacy drove the South's decision to secede and that the decision making process involved a great deal more passion and fear than reason and reflection.""-- Provided by publisher.
Law Library (Crown)
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. Cynthia Nicoletti 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).
(source: Nielsen Book Data)9781108415521 20171218
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)
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)