Secession On Trial

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

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.

“A masterwork [by] the preeminent historian of the Civil War era.”—Boston Globe Selected as a Notable Book of the Year by the New York Times Book Review, this landmark work gives us a definitive account of Lincoln's lifelong engagement with the nation's critical issue: American slavery. A master historian, Eric Foner draws Lincoln and the broader history of the period into perfect balance. We see Lincoln, a pragmatic politician grounded in principle, deftly navigating the dynamic politics of antislavery, secession, and civil war. Lincoln's greatness emerges from his capacity for moral and political growth.

The secession of the southern states from the Union was not merely a culmination of certain events; it was also the beginning of the trial of Confederate nationalism. The slaveholding elite which had led the South out of the Union now had to solidify its support among the nonslaveholding small farmers, a class that constituted the bulk of the white population.But Jefferson Davis and the new government were greatly hampered in their bid for widespread public support, partially because of the same force that had resulted in secession -- the strong states' rights predisposition of many southerners and their opposition to a strong central government -- and partially because of the great social and economic gap that separated the governed from the governors.In After Secession Paul Escott focuses on the challenge that the South's widespread political ideals presented to Jefferson Davis and on the way growing class resentments among citizens in the countryside affected the war effort. New material is included on Jefferson Davis and his policies, and interesting new interpretations of the Confederate government's crucial problems of decision making and failure to respond to the common people are offered. The result is both a fresh look at the pivotal role that strong leadership plays in the establishment of a new nation and a revealing study of how Jefferson Davis' frustrations increasingly affected the quality of his presidency.

A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

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

1865. The Civil War is over, and the South lies in ruins. But for some people, former slaveholders have not been punished enough. A cabal of powerful men, led by Charles A. Dana, the assistant secretary of war, plot to break the spirit of the South once and for all - by convicting General Robert E. Lee of treason and hanging him like a common criminal. To this end, they have convened a secret military tribunal in Lee's former home in Arlington, Virginia. Jeremiah O'Brien of the New-York Tribune, a long-time protégé of Dana's, is the only reporter allowed to attend the trial. His exclusive reports on this momentous event, and the book he intends to write, will surely make his fortune. Yet as the trial proceeds, pitting the general against his accusers, O'Brien finds himself torn between his loyalty to Dana, his love for a Confederate spy, and his growing respect and compassion for Lee himself. The young reporter is supposed to be only an observer, but, in the end, it is O'Brien who must evaluate the evidence and determine the true meaning of honor. Written by New York Times bestselling author and historian Thomas Fleming, The Secret Trial of Robert E. Lee brings to life a fascinating chapter in American history that might well have happened - and perhaps truly did.

NAMED ONE OF THE BEST BOOKS OF THE YEAR BY Jennifer Szalai, The New York Times • The New York Times Book Review • NPR • Publishers Weekly “This absorbing and important book recounts the titanic struggle over the implications of the Civil War amid the impeachment of a defiant and temperamentally erratic American president.”—Jon Meacham, Pulitzer Prize–winning author of The Soul of America When Abraham Lincoln was assassinated and Vice-President Andrew Johnson became “the Accidental President,” it was a dangerous time in America. Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre–Civil War society, if without slavery, and the pugnacious Andrew Johnson seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. It fell to Congress to stop the American president who acted like a king. With profound insights and making use of extensive research, Brenda Wineapple dramatically evokes this pivotal period in American history, when the country was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates—including complicated men like Secretary of State William Seward—as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole. Praise for The Impeachers “In this superbly lyrical work, Brenda Wineapple has plugged a glaring hole in our historical memory through her vivid and sweeping portrayal of President Andrew Johnson’s 1868 impeachment. She serves up not simply food for thought but a veritable feast of observations on that most trying decision for a democracy: whether to oust a sitting president. Teeming with fiery passions and unforgettable characters, The Impeachers will be devoured by contemporary readers seeking enlightenment on this issue. . . . A landmark study.”—Ron Chernow, Pulitzer Prize–winning author of Grant

Demonstrates the crucial role that the Constitution played in the coming of the Civil War.

"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.