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The award-winning, New York Times–bestselling chronicle of the sensational murder trial that would be the capstone of Lincoln’s legal career. In the summer of 1859, twenty-two-year-old “Peachy” Quinn Harrison went on trial for murder in Springfield, Illinois. When Harrison’s father hired Abraham Lincoln to defend him, the case took on momentous meaning. Lincoln’s debates with Senator Stephen Douglas the previous fall had transformed the little-known, self-taught lawyer into a respected politician of national prominence. As Lincoln contemplated a dark-horse run for the presidency in 1860, this case involved great risk. A loss could diminish Lincoln’s untarnished reputation. But the case also posed painful personal challenges for Lincoln. The victim had been his friend and his mentor. The accused killer, whom Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office. Lincoln’s Last Trial vividly captures Lincoln’s dramatic courtroom confrontations as he fights for his client—but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, our history, and one of our greatest presidents. A Winner of the Barondess/Lincoln Award
On August 29, 1857, in the light of a three-quarter moon, James Metzger was savagely beaten by two assailants in a grove not far from his home. Two days later he died and his assailants, James Norris and William Armstrong, were arrested and charged with his murder. Norris was tried and convicted first. As William "Duff" Armstrong waited for his trial, his own father died. James Armstrong's deathbed wish was that Duff's mother, Hannah, engage the best lawyer possible to defend Duff. The best person Hannah could think of was a friend, a young lawyer from Springfield by the name of Abraham Lincoln. Lincoln took the case and with that begins one of the oddest journeys Lincoln took on his trek towards immortality. What really happened? How much did the moon reveal? What did Lincoln really know? Walsh makes a strong case for viewing Honest Abe in a different light in this tale of murder and moonlight. Moonlight is a 2001 Edgar Award Nominee for Best Fact Crime.
The eight people charged with conspiring to assassinate President Abraham Lincoln were tried by a military commission under military law. The author contends that this was illegal, since the civilian legal system was fully functioning. The many ways in which the defendants' rights were violated are described, as are the ways in which the trial testimony was either not accurate or not legally obtained. The trial is also compared with other incidents in which the U.S. military was used in police and judicial functions, with questionable results. The book is a warning against unchecked power by the executive branch of the government.
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.
This classic biography rescues Abe Lincoln, a shrewd practitioner of frontier jurisprudence, from schoolbook myths of Honest Abe. Anecdotal and penetrating, it portrays Lincoln the trial lawyer, the brief lawyer, the appellate lawyer, the railroad and big business lawyer, and for a time the judge. It follows him, too, into his Civil War presidency to attest to status as one of the world's truly great legal minds.
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
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.