In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.

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

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

When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.

This major addition to the history of the Civil War is a “fast-paced, fact-rich account” (The Wall Street Journal) offering a detailed look at President Abraham Lincoln’s use of clandestine services and the secret battles waged by Union spies and agents to save the nation—filled with espionage, sabotage, and intrigue. Veteran CIA correspondent Douglas Waller delivers a riveting account of the heroes and misfits who carried out a shadow war of espionage and covert operations behind the Confederate battlefields. Lincoln’s Spies follows four agents from the North—three men and one woman—who informed Lincoln’s generals on the enemy positions for crucial battles and busted up clandestine Rebel networks. Famed detective Allan Pinkerton mounted a successful covert operation to slip Lincoln through Baltimore before his inauguration after he learns of an assassination attempt from his agents working undercover as Confederate soldiers. But he proved less than competent as General George McClellan’s spymaster, delivering faulty intelligence reports that overestimated Confederate strength. George Sharpe, an erudite New York lawyer, succeeded Pinkerton as spymaster for the Union’s Army of the Potomac. Sharpe deployed secret agents throughout the South, planted misinformation with Robert E. Lee’s army, and outpaced anything the enemy could field. Elizabeth Van Lew, a Virginia heiress who hated slavery and disapproved of secession, was one of Sharpe’s most successful agents. She ran a Union spy ring in Richmond out of her mansion with dozens of agents feeding her military and political secrets that she funneled to General Ulysses S. Grant as his army closed in on the Confederate capital. Van Lew became one of the unsung heroes of history. Lafayette Baker was a handsome Union officer with a controversial past, whose agents clashed with Pinkerton’s operatives. He assembled a retinue of disreputable spies, thieves, and prostitutes to root out traitors in Washington, DC. But he failed at his most important mission: uncovering the threat to Lincoln from John Wilkes Booth and his gang. Behind these operatives was Abraham Lincoln, one of our greatest presidents, who was an avid consumer of intelligence and a ruthless aficionado of clandestine warfare, willing to take whatever chances necessary to win the war. Lincoln’s Spies is a “meticulous chronicle of all facets of Lincoln’s war effort” (Kirkus Reviews) and an excellent choice for those wanting “a cracking good tale” (Publishers Weekly) of espionage in the Civil War.

History has been kind to Robert E. Lee. Woodrow Wilson believed General Lee was a “model to men who would be morally great.” Douglas Southall Freeman, who won a Pulitzer Prize for his four-volume biography of Lee, described his subject as “one of a small company of great men in whom there is no inconsistency to be explained, no enigma to be solved.” Winston Churchill called him “one of the noblest Americans who ever lived.” Until recently, there was even a stained glass window devoted to Lee's life at the National Cathedral in Washington, D.C. Immediately after the Civil War, however, many northerners believed Lee should be hanged for treason and war crimes. Americans will be surprised to learn that in June of 1865 Robert E. Lee was indicted for treason by a Norfolk, Virginia grand jury. In his instructions to the grand jury, Judge John C. Underwood described treason as “wholesale murder,” and declared that the instigators of the rebellion had “hands dripping with the blood of slaughtered innocents.” In early 1866, Lee decided against visiting friends while in Washington, D.C. for a congressional hearing, because he was conscious of being perceived as a “monster” by citizens of the nation’s capital. Yet somehow, roughly fifty years after his trip to Washington, Lee had been transformed into a venerable American hero, who was highly regarded by southerners and northerners alike. Almost a century after Appomattox, Dwight D. Eisenhower had Lee’s portrait on the wall of his White House office. The Lost Indictment of Robert E. Lee tells the story of the forgotten legal and moral case that was made against the Confederate general after the Civil War. The actual indictment went missing for 72 years. Over the past 150 years, the indictment against Lee after the war has both literally and figuratively disappeared from our national consciousness. In this book, Civil War historian John Reeves illuminates the incredible turnaround in attitudes towards the defeated general by examining the evolving case against him from 1865 to 1870 and beyond.

"Von Drehle has chosen a critical year ('the most eventful year in American history' and the year Lincoln rose to greatness), done his homework, and written a spirited account."N"Publishers Weekly."

The Union army's overwhelming vote for Abraham Lincoln's reelection in 1864 has led many Civil War scholars to conclude that the soldiers supported the Republican Party and its effort to abolish slavery. In Emancipation, the Union Army, and the Reelection of Abraham Lincoln Jonathan W. White challenges this reigning paradigm in Civil War historiography, arguing instead that the soldier vote in the presidential election of 1864 is not a reliable index of the army's ideological motivation or political sentiment. Although 78 percent of the soldiers' votes were cast for Lincoln, White contends that this was not wholly due to a political or social conversion to the Republican Party. Rather, he argues, historians have ignored mitigating factors such as voter turnout, intimidation at the polls, and how soldiers voted in nonpresidential elections in 1864. While recognizing that many soldiers changed their views on slavery and emancipation during the war, White suggests that a considerable number still rejected the Republican platform, and that many who voted for Lincoln disagreed with his views on slavery. He likewise explains that many northerners considered a vote for the Democratic ticket as treasonous and an admission of defeat. Using previously untapped court-martial records from the National Archives, as well as manuscript collections from across the country, White convincingly revises many commonly held assumptions about the Civil War era and provides a deeper understanding of the Union Army.

If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

"James M. McPherson’s Tried by War is a perfect primer . . . for anyone who wishes to under­stand the evolution of the president’s role as commander in chief. Few histo­rians write as well as McPherson, and none evoke the sound of battle with greater clarity." —The New York Times Book Review The Pulitzer Prize–winning author reveals how Lincoln won the Civil War and invented the role of commander in chief as we know it As we celebrate the bicentennial of Lincoln's birth, this study by preeminent, bestselling Civil War historian James M. McPherson provides a rare, fresh take on one of the most enigmatic figures in American history. Tried by War offers a revelatory (and timely) portrait of leadership during the greatest crisis our nation has ever endured. Suspenseful and inspiring, this is the story of how Lincoln, with almost no previous military experience before entering the White House, assumed the powers associated with the role of commander in chief, and through his strategic insight and will to fight changed the course of the war and saved the Union.