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.

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.

A factual account of how Lincoln's lack of management skills, his vacillation over decisions of military justice, and his complete disregard for the Constitution caused the deaths of many Union soldiers off the battlefield. This book is not another biography of Lincoln, nor is it a revisionist history of the Civil War era. It is, however, a glimpse into the everyday world of the North's soldiers. Here is a frightening account of justice denied to hundreds of poor, uneducated soldiers who were tried, convicted and executed for military offenses, sometimes trivial. It is also a study of the government's misreporting of the actual number of men who were executed by court-martial order. This is the first book to study intensively the court-martial system during the Civil War and the effect of that system on the common soldier. With its careful analysis backed by detailed and fascinating documentation, Civil War Justice will be read and discussed for years to come.

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.

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.

In 1864 twelve-year-old former slave Charlotte is lucky enough to live on a plantation near Richmond, Virginia, owned by a Miss Van Lew, who hates slavery, and when Charlotte overhears a conversation she realizes that her mistress is gathering information and passing it on to the Union army; Charlotte is eager to help, (especially since her own cousin, Mary, is involved) but her enthusiasm may endanger them all--or help free 400 Union soldiers who are being moved from Richmond further south. Includes historical note, glossary, and discussion questions.

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.

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 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.

This collection of original essays and commentary considers not merely how history has shaped the continuing struggle for racial equality, but also how backlash and resistance to racial reforms continue to dictate the state of race in America. Informed by a broad historical perspective, this book focuses primarily on the promise of Reconstruction, and the long demise of that promise. It traces the history of struggles for racial justice from the post US Civil War Reconstruction through the Jim Crow era, the Civil Rights and Voting Rights decades of the 1950s and 1960s to the present day.