The Confederate Jurist

The Confederate Jurist
Author: William C. Gilmore
Publisher: EUP
Total Pages: 176
Release: 2023-02-28
Genre:
ISBN: 9781474482011

A legal biography of Judah P. Benjamin (1811-1884): Jewish lawyer, US Senator, Confederate statesman, political exile, leader of the English Bar, inspiration for Benjamin's Sale of Goods and distinguished jurist With a foreword by Stephen C. Neff, Professor of War and Peace, University of Edinburgh This is the first biography written from a legal perspective on the public life of Judah P. Benjamin (1811-1884); a prominent figure in the common law world in the second half of the 19th century. Drawing on a range of primary source materials including newspaper articles, case law and extensive archival research in the UK and USA, it charts his rise as a lawyer first in the mixed legal system of Louisiana and then nationally. In 1853 he was the first person of Jewish heritage to be offered nomination to the US Supreme Court - an honour he declined. Benjamin was also a member of the US Senate, a slave owner and a supporter of Southern secession. In the Civil War he served continuously in the Confederate Cabinet initially as Attorney General, then as Secretary of War and finally as Secretary of State. Following the victory of the Union he fled America, a fugitive. In political exile in England he requalified as a Barrister at Lincoln's Inn. Within a decade he had written a scholarly and long-enduring treatise on commercial law and become the undisputed advocate of choice in appeals before the House of Lords and the Privy Council. This book considers the extraordinary career of this distinguished jurist and reflects upon his legal legacy. Key features: -Based on extensive research in the UK and USA, it draws on a broad range of primary source materials, including British and American newspapers - Reflects on some of Benjamin's most significant cases - Provides insights into the personal and professional qualities which permitted him to fashion two separate legal careers in different continents - Clarifies how Benjamin's two notable contributions to legal literature, first in Louisiana and then in England, provided a springboard for his rise as a practitioner in each jurisdiction - Outlines his high profile, controversial, political career in America which was bookended by his accomplishments in the law in - Reflects upon Benjamin's enduring legacy as a jurist in contrast to his diminishing visibility in American political history William (Bill) Gilmore is Emeritus Professor of International Criminal Law in the University of Edinburgh and a former Dean and Head of its School of Law. In 2017 he was awarded the medal of honour of the Council of Europe for his contributions to European efforts to counter money laundering and the financing of terrorism. This is his second book of legal history.

Lincoln and Citizens' Rights in Civil War Missouri

Lincoln and Citizens' Rights in Civil War Missouri
Author: Dennis K. Boman
Publisher: LSU Press
Total Pages: 373
Release: 2011
Genre: History
ISBN: 0807138258

During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.

Uncivil Warriors

Uncivil Warriors
Author: Peter Hoffer
Publisher: Oxford University Press
Total Pages: 241
Release: 2018-05-01
Genre: History
ISBN: 0190851783

In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both the North and the South had their complement of lawyers, and Hoffer provides coverage of each side's leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors' focus on the central of lawyers and the law in America's worst conflict will transform how we think about the Civil War itself.

Rebellion in the Temple of Justice

Rebellion in the Temple of Justice
Author: Warren Moise
Publisher: iUniverse
Total Pages: 200
Release: 2003-09
Genre: History
ISBN: 0595295754

Ghost Courts of the War Between the States In 1860, news of Abraham Lincoln's election arrived in Charleston like a fire alarm. In the United States courtroom on Chalmers Street, the grand jury simply refused to go on. All eyes are on the judge. In a dramatic moment, Judge A.G. Magrath, tears off his robes and tells jurors and spectators that, rather than continuing under tyranny, his Temple of Justice is forever closed. Thus in this long-since forgotten room took place the first official act of disunion, predating the Ordinance of Secession by over a month and lighting the fuse that lead to war. Preserving a piece of history few knew existed, trial attorney Warren Moise takes the reader back in time to the courts and law practice of a different era. Ride into the frontier town of Spartanburg by night with two tired lawyers where to their surprise they see hundreds of sweating men fighting bare-fisted in the flickering torch light. Just as important, learn the never-before documented role of the bench and bar in the battle for secession and of the Confederate States court, where the CS Attorney prosecuted former US Attorneys James L. Petigru and Edward McCrady for contempt because they defied Confederate law.

The Crisis

The Crisis
Author:
Publisher:
Total Pages: 64
Release: 2002-01
Genre:
ISBN:

The Crisis, founded by W.E.B. Du Bois as the official publication of the NAACP, is a journal of civil rights, history, politics, and culture and seeks to educate and challenge its readers about issues that continue to plague African Americans and other communities of color. For nearly 100 years, The Crisis has been the magazine of opinion and thought leaders, decision makers, peacemakers and justice seekers. It has chronicled, informed, educated, entertained and, in many instances, set the economic, political and social agenda for our nation and its multi-ethnic citizens.

Women’s War

Women’s War
Author: Stephanie McCurry
Publisher: Belknap Press
Total Pages: 321
Release: 2019-04-15
Genre: History
ISBN: 0674987977

Winner of the PEN Oakland–Josephine Miles Award “A stunning portrayal of a tragedy endured and survived by women.” —David W. Blight, author of Frederick Douglass “Readers expecting hoop-skirted ladies soothing fevered soldiers’ brows will not find them here...Explodes the fiction that men fight wars while women idle on the sidelines.” —Washington Post The idea that women are outside of war is a powerful myth, one that shaped the Civil War and still determines how we write about it today. Through three dramatic stories that span the war, Stephanie McCurry invites us to see America’s bloodiest conflict for what it was: not just a brothers’ war but a women’s war. When Union soldiers faced the unexpected threat of female partisans, saboteurs, and spies, long held assumptions about the innocence of enemy women were suddenly thrown into question. McCurry shows how the case of Clara Judd, imprisoned for treason, transformed the writing of Lieber’s Code, leading to lasting changes in the laws of war. Black women’s fight for freedom had no place in the Union military’s emancipation plans. Facing a massive problem of governance as former slaves fled to their ranks, officers reclassified black women as “soldiers’ wives”—placing new obstacles on their path to freedom. Finally, McCurry offers a new perspective on the epic human drama of Reconstruction through the story of one slaveholding woman, whose losses went well beyond the material to intimate matters of family, love, and belonging, mixing grief with rage and recasting white supremacy in new, still relevant terms. “As McCurry points out in this gem of a book, many historians who view the American Civil War as a ‘people’s war’ nevertheless neglect the actions of half the people.” —James M. McPherson, author of Battle Cry of Freedom “In this brilliant exposition of the politics of the seemingly personal, McCurry illuminates previously unrecognized dimensions of the war’s elemental impact.” —Drew Gilpin Faust, author of This Republic of Suffering