Justice in Blue and Gray
Justice in Blue and Gray

Author: Stephen C. Neff

Publisher: Harvard University Press

Published: 2010-06-15

Total Pages: 364

ISBN-13: 9780674054363

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Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction
Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction

Author: Kate Masur

Publisher: W. W. Norton & Company

Published: 2021-03-23

Total Pages: 480

ISBN-13: 1324005947

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Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day.

Thaddeus Stevens
Thaddeus Stevens

Author: Bruce Levine

Publisher: Simon and Schuster

Published: 2022-03

Total Pages: 320

ISBN-13: 1476793387

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A “powerful” (The Wall Street Journal) biography of one of the 19th century’s greatest statesmen, encompassing his decades-long fight against slavery and his postwar struggle to bring racial justice to America. Thaddeus Stevens was among the first to see the Civil War as an opportunity for a second American revolution—a chance to remake the country as a genuine multiracial democracy. As one of the foremost abolitionists in Congress in the years leading up to the war, he was a leader of the young Republican Party’s radical wing, fighting for anti-slavery and anti-racist policies long before party colleagues like Abraham Lincoln endorsed them. These policies—including welcoming black men into the Union’s armies—would prove crucial to the Union war effort. During the Reconstruction era that followed, Stevens demanded equal civil and political rights for Black Americans—rights eventually embodied in the 14th and 15th amendments. But while Stevens in many ways pushed his party—and America—towards equality, he also championed ideas too radical for his fellow Congressmen ever to support, such as confiscating large slaveholders’ estates and dividing the land among those who had been enslaved. In Thaddeus Stevens, acclaimed historian Bruce Levine has written a “vital” (The Guardian), “compelling” (James McPherson) biography of one of the most visionary statesmen of the 19th century and a forgotten champion for racial justice in America.

Act of Justice
Act of Justice

Author: Burrus M. Carnahan

Publisher: University Press of Kentucky

Published: 2007-09-21

Total Pages: 212

ISBN-13: 0813138213

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In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

Justice Rehnquist, the Supreme Court, and the Bill of Rights
Justice Rehnquist, the Supreme Court, and the Bill of Rights

Author: Steven T. Seitz

Publisher: Rowman & Littlefield

Published: 2020-07-02

Total Pages: 295

ISBN-13: 1498568866

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The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.

Seceding from Secession
Seceding from Secession

Author: Eric J. Wittenberg

Publisher: Savas Beatie

Published: 2020-06-09

Total Pages: 290

ISBN-13: 1611215072

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A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Supreme Injustice
Supreme Injustice

Author: Paul Finkelman

Publisher: Harvard University Press

Published: 2018-01-08

Total Pages: 301

ISBN-13: 0674982088

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The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.

Lincoln and Chief Justice Taney
Lincoln and Chief Justice Taney

Author: James F. Simon

Publisher: Simon and Schuster

Published: 2007-11-20

Total Pages: 338

ISBN-13: 0743250338

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The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers are vividly brought to life in this compelling story of the momentous tug-of-war between these two men during the worst crisis in American history.

The Roots of Rough Justice
The Roots of Rough Justice

Author: Michael J. Pfeifer

Publisher: University of Illinois Press

Published: 2011-04-01

Total Pages: 162

ISBN-13: 0252093097

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In this deeply researched prequel to his 2006 study Rough Justice: Lynching and American Society, 1874–1947, Michael J. Pfeifer analyzes the foundations of lynching in American social history. Scrutinizing the vigilante movements and lynching violence that occurred in the middle decades of the nineteenth century on the Southern, Midwestern, and far Western frontiers, The Roots of Rough Justice: Origins of American Lynching offers new insights into collective violence in the pre-Civil War era. Pfeifer examines the antecedents of American lynching in an early modern Anglo-European folk and legal heritage. He addresses the transformation of ideas and practices of social ordering, law, and collective violence in the American colonies, the early American Republic, and especially the decades before and immediately after the American Civil War. His trenchant and concise analysis anchors the first book to consider the crucial emergence of the practice of lynching of slaves in antebellum America. Pfeifer also leads the way in analyzing the history of American lynching in a global context, from the early modern British Atlantic to the legal status of collective violence in contemporary Latin America and sub-Saharan Africa. Seamlessly melding source material with apt historical examples, The Roots of Rough Justice tackles the emergence of not only the rhetoric surrounding lynching, but its practice and ideology. Arguing that the origins of lynching cannot be restricted to any particular region, Pfeifer shows how the national and transatlantic context is essential for understanding how whites used mob violence to enforce the racial and class hierarchies across the United States.

The Thin Light of Freedom: The Civil War and Emancipation in the Heart of America
The Thin Light of Freedom: The Civil War and Emancipation in the Heart of America

Author: Edward L. Ayers

Publisher: W. W. Norton & Company

Published: 2017-10-24

Total Pages: 426

ISBN-13: 0393292649

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Winner of the Lincoln Prize A landmark Civil War history told from a fresh, deeply researched ground-level perspective. At the crux of America’s history stand two astounding events: the immediate and complete destruction of the most powerful system of slavery in the modern world, followed by a political reconstruction in which new constitutions established the fundamental rights of citizens for formerly enslaved people. Few people living in 1860 would have dared imagine either event, and yet, in retrospect, both seem to have been inevitable. In a beautifully crafted narrative, Edward L. Ayers restores the drama of the unexpected to the history of the Civil War. From the same vantage point occupied by his unforgettable characters, Ayers captures the strategic savvy of Lee and his local lieutenants, and the clear vision of equal rights animating black troops from Pennsylvania. We see the war itself become a scourge to the Valley, its pitched battles punctuating a cycle of vicious attack and reprisal in which armies burned whole towns for retribution. In the weeks and months after emancipation, from the streets of Staunton, Virginia, we see black and white residents testing the limits of freedom as political leaders negotiate the terms of readmission to the Union. With analysis as powerful as its narrative, here is a landmark history of the Civil War.