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

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

From a distinguished historian of the American South comes this thoroughly human portrait of the complex man at the center of our nation's most epic struggle. Jefferson Davis initially did not wish to leave the Union—as the son of a veteran of the American Revolution and as a soldier and senator, he considered himself a patriot. William J. Cooper shows us how Davis' initial reluctance turned into absolute commitment to the Confederacy. He provides a thorough account of Davis' life, both as the Confederate President and in the years before and after the war. Elegantly written and impeccably researched, Jefferson Davis, American is the definitive examination of one of the most enigmatic figures in our nation's history.

For four crucial months in 1861, delegates from all over the South met in Montgomery, Alabama, to establish a new nation. Davis (Jefferson Davis: The Man and the Hour, LJ 11/15/91) tells their story in this new work, another example of Davis's fine storytelling skill and an indispensable guide to understanding the formation of the Confederate government. Among the issues Davis examines are revising the Constitution to meet Southern needs, banning the importation of slaves, and determining whether the convention could be considered a congress. Also revealed are the many participating personalities, their ambitions and egos, politicking and lobbying for the presidency of the new nation, and the nature of the city of Montgomery itself.

The true story of the Southern Confederacy lies in the letters, speeches, and State papers of its leaders; and its best justification will come after such historical materials have been made accessible to the truth-loving historian of the future. The private and public papers of such Southern leaders as Calhoun, Davis, and Lee will reveal, as nothing else can, the principles for which they contended, and give to posterity the true estimate of their lives and deeds. -- Introduction.

In the immediate aftermath of the Civil War, federal officials captured, imprisoned, and indicted Jefferson Davis for treason. If found guilty, the former Confederate president faced execution for his role in levying war against the United States. Although the federal government pursued the charges for over four years, the case never went to trial. In this comprehensive analysis of the saga, Treason on Trial, Robert Icenhauer-Ramirez suggests that while national politics played a role in the trial’s direction, the actions of lesser-known individuals ultimately resulted in the failure to convict Davis. Early on, two primary factions argued against trying the case. Influential northerners dreaded the prospect of a public trial, fearing it would reopen the wounds of the war and make a martyr of Davis. Conversely, white southerners pointed to the treatment and prosecution of Davis as vindictive on the part of the federal government. Moreover, they maintained, the right to secede from the Union remained within the bounds of the law, effectively linking the treason charge against Davis with the constitutionality of secession. While Icenhauer-Ramirez agrees that politics played a role in the case, he suggests that focusing exclusively on that aspect obscures the importance of the participants. In the United States of America v. Jefferson Davis, preeminent lawyers represented both parties. According to Icenhauer-Ramirez, Lucius H. Chandler, the local prosecuting attorney, lacked the skill and temperament necessary to put the case on a footing that would lead to trial. In addition, Supreme Court Chief Justice Salmon P. Chase had little desire to preside over the divisive case and intentionally stymied the prosecution’s efforts. The deft analysis in Treason on Trial illustrates how complications caused by Chandler and Chase led to a three-year delay and, eventually, to the dismissal of the case in 1868, when President Andrew Johnson granted blanket amnesty to those who participated in the armed rebellion.

Kenneth H. Williams, Associate Editor Peggy L. Dillard, Editorial Associate The autumn of 1863 was a trying time for Jefferson Davis. Even as he expressed unwavering confidence about the eventual success of the Confederate movement, he had to realize that mounting economic problems, low morale, and rotating army leadership were threatening the welfare of the new nation. Less than a year after the October 1863 Confederate victory at Chickamauga, the South relinquished Atlanta to Sherman. During the tumultuous eleven months chronicled in Volume 10, Davis retained his fervor for southern nationalism as he struggled furiously to command a war and maintain a government. As the letters contained here illustrate, he soldiered bravely on.