The Limits of Sovereignty
The Limits of Sovereignty

Author: Daniel W. Hamilton

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 240

ISBN-13: 0226314863

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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

With Malice Toward Some
With Malice Toward Some

Author: William Alan Blair

Publisher: UNC Press Books

Published: 2014

Total Pages: 430

ISBN-13: 1469614057

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With Malice toward Some: Treason and Loyalty in the Civil War Era

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 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.

Bitterly Divided
Bitterly Divided

Author: David Williams

Publisher: The New Press

Published: 2010-04-16

Total Pages: 321

ISBN-13: 1595585958

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The little-known history of anti-secession Southerners: “Absolutely essential Civil War reading.” —Booklist, starred review Bitterly Divided reveals that the South was in fact fighting two civil wars—the external one that we know so much about, and an internal one about which there is scant literature and virtually no public awareness. In this fascinating look at a hidden side of the South’s history, David Williams shows the powerful and little-understood impact of the thousands of draft resisters, Southern Unionists, fugitive slaves, and other Southerners who opposed the Confederate cause. “This fast-paced book will be a revelation even to professional historians. . . . His astonishing story details the deep, often murderous divisions in Southern society. Southerners took up arms against each other, engaged in massacres, guerrilla warfare, vigilante justice and lynchings, and deserted in droves from the Confederate army . . . Some counties and regions even seceded from the secessionists . . . With this book, the history of the Civil War will never be the same again.” —Publishers Weekly, starred review “Most Southerners looked on the conflict with the North as ‘a rich man’s war and a poor man’s fight,’ especially because owners of 20 or more slaves and all planters and public officials were exempt from military service . . . The Confederacy lost, it seems, because it was precisely the kind of house divided against itself that Lincoln famously said could not stand.” —Booklist, starred review

The Rivers Ran Backward
The Rivers Ran Backward

Author: Christopher Phillips

Publisher: Oxford University Press

Published: 2016

Total Pages: 528

ISBN-13: 0195187237

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Most Americans imagine the Civil War in terms of clear and defined boundaries of freedom and slavery: a straightforward division between the slave states of Kentucky and Missouri and the free states of Illinois, Indiana, Ohio, and Kansas. However, residents of these western border states, Abraham Lincoln's home region, had far more ambiguous identities-and contested political loyalties-than we commonly assume. In The Rivers Ran Backward, Christopher Phillips sheds light on the fluid political cultures of the "Middle Border" states during the Civil War era. Far from forming a fixed and static boundary between the North and South, the border states experienced fierce internal conflicts over their political and social loyalties. White supremacy and widespread support for the existence of slavery pervaded the "free" states of Ohio, Indiana, and Illinois, which had much closer economic and cultural ties to the South, while those in Kentucky and Missouri held little identification with the South except over slavery. Debates raged at every level, from the individual to the state, in parlors, churches, schools, and public meeting places, among families, neighbors, and friends. Ultimately, the pervasive violence of the Civil War and the cultural politics that raged in its aftermath proved to be the strongest determining factor in shaping these states' regional identities, leaving an indelible imprint on the way in which Americans think of themselves and others in the nation. The Rivers Ran Backward reveals the complex history of the western border states as they struggled with questions of nationalism, racial politics, secession, neutrality, loyalty, and even place-as the Civil War tore the nation, and themselves, apart. In this major work, Phillips shows that the Civil War was more than a conflict pitting the North against the South, but one within the West that permanently reshaped American regions.

Secession on Trial
Secession on Trial

Author: Cynthia Nicoletti

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 359

ISBN-13: 1108415520

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This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Lincoln and Freedom
Lincoln and Freedom

Author: Harold Holzer

Publisher: SIU Press

Published: 2007-08-27

Total Pages: 288

ISBN-13: 9780809327645

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Lincoln’s reelection in 1864 was a pivotal moment in the history of the United States. The Emancipation Proclamation had officially gone into effect on January 1, 1863, and the proposed Thirteenth Amendment had become a campaign issue. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment captures these historic times, profiling the individuals, events, and enactments that led to slavery’s abolition. Fifteen leading Lincoln scholars contribute to this collection, covering slavery from its roots in 1619 Jamestown, through the adoption of the Constitution, to Abraham Lincoln’s presidency. This comprehensive volume, edited by Harold Holzer and Sara Vaughn Gabbard, presents Abraham Lincoln’s response to the issue of slavery as politician, president, writer, orator, and commander-in-chief. Topics include the history of slavery in North America, the Supreme Court’s Dred Scott decision, the evolution of Lincoln’s view of presidential powers, the influence of religion on Lincoln, and the effects of the Emancipation Proclamation. This collection effectively explores slavery as a Constitutional issue, both from the viewpoint of the original intent of the nation’s founders as they failed to deal with slavery, and as a study of the Constitutional authority of the commander-in-chief as Lincoln interpreted it. Addressed are the timing of Lincoln’s decision for emancipation and its effect on the public, the military, and the slaves themselves. Other topics covered include the role of the U.S. Colored Troops, the election campaign of 1864, and the legislative debate over the Thirteenth Amendment. The volume concludes with a heavily illustrated essay on the role that iconography played in forming and informing public opinion about emancipation and the amendments that officially granted freedom and civil rights to African Americans. Lincoln and Freedom provides a comprehensive political history of slavery in America and offers a rare look at how Lincoln’s views, statements, and actions played a vital role in the story of emancipation.