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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.
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.
"Traces the history of emancipation and its impact on the Civil War, discussing how Lincoln and the Republicans fought primarily for freeing slaves throughout the war, not just as a secondary objective in an effort to restore the country"--OCLC
The story of how Congress helped win the Civil War-placing a dynamic House and Senate, rather than Lincoln, at the center of the conflict.
Lincoln’s reelection in 1864 was a pivotal moment in the history of the United States. The Emancipation Proclamation had officially gone into effect on January 1, 1863, and the proposed Thirteenth Amendment had become a campaign issue. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment captures these historic times, profiling the individuals, events, and enactments that led to slavery’s abolition. Fifteen leading Lincoln scholars contribute to this collection, covering slavery from its roots in 1619 Jamestown, through the adoption of the Constitution, to Abraham Lincoln’s presidency. This comprehensive volume, edited by Harold Holzer and Sara Vaughn Gabbard, presents Abraham Lincoln’s response to the issue of slavery as politician, president, writer, orator, and commander-in-chief. Topics include the history of slavery in North America, the Supreme Court’s Dred Scott decision, the evolution of Lincoln’s view of presidential powers, the influence of religion on Lincoln, and the effects of the Emancipation Proclamation. This collection effectively explores slavery as a Constitutional issue, both from the viewpoint of the original intent of the nation’s founders as they failed to deal with slavery, and as a study of the Constitutional authority of the commander-in-chief as Lincoln interpreted it. Addressed are the timing of Lincoln’s decision for emancipation and its effect on the public, the military, and the slaves themselves. Other topics covered include the role of the U.S. Colored Troops, the election campaign of 1864, and the legislative debate over the Thirteenth Amendment. The volume concludes with a heavily illustrated essay on the role that iconography played in forming and informing public opinion about emancipation and the amendments that officially granted freedom and civil rights to African Americans. Lincoln and Freedom provides a comprehensive political history of slavery in America and offers a rare look at how Lincoln’s views, statements, and actions played a vital role in the story of emancipation.
More than 150 years after the end of the Civil War, scores of websites, articles, and organizations repeat claims that anywhere between 500 and 100,000 free and enslaved African Americans fought willingly as soldiers in the Confederate army. But as Kevin M. Levin argues in this carefully researched book, such claims would have shocked anyone who served in the army during the war itself. Levin explains that imprecise contemporary accounts, poorly understood primary-source material, and other misrepresentations helped fuel the rise of the black Confederate myth. Moreover, Levin shows that belief in the existence of black Confederate soldiers largely originated in the 1970s, a period that witnessed both a significant shift in how Americans remembered the Civil War and a rising backlash against African Americans' gains in civil rights and other realms. Levin also investigates the roles that African Americans actually performed in the Confederate army, including personal body servants and forced laborers. He demonstrates that regardless of the dangers these men faced in camp, on the march, and on the battlefield, their legal status remained unchanged. Even long after the guns fell silent, Confederate veterans and other writers remembered these men as former slaves and not as soldiers, an important reminder that how the war is remembered often runs counter to history.
This is one of President Lincoln's most famous pieces of writing in which he announced during the second year of the civil war, that slaves fighting for America should become free men. It was a brave move because he was not sure how it would affect the outcome of the war but he stuck to his principles announcing that he had never felt more right in his life. It is possibly among the most important documents ever written.
One of the nation's foremost Lincoln scholars offers an authoritative consideration of the document that represents the most far-reaching accomplishment of our greatest president. No single official paper in American history changed the lives of as many Americans as Lincoln's Emancipation Proclamation. But no American document has been held up to greater suspicion. Its bland and lawyerlike language is unfavorably compared to the soaring eloquence of the Gettysburg Address and the Second Inaugural; its effectiveness in freeing the slaves has been dismissed as a legal illusion. And for some African-Americans the Proclamation raises doubts about Lincoln himself. Lincoln's Emancipation Proclamation dispels the myths and mistakes surrounding the Emancipation Proclamation and skillfully reconstructs how America's greatest president wrote the greatest American proclamation of freedom.
How is the state produced? In what ways did enslaved African Americans shape modern governing practices? Ryan A. Quintana provocatively answers these questions by focusing on the everyday production of South Carolina's state space—its roads and canals, borders and boundaries, public buildings and military fortifications. Beginning in the early eighteenth century and moving through the post–War of 1812 internal improvements boom, Quintana highlights the surprising ways enslaved men and women sat at the center of South Carolina's earliest political development, materially producing the state's infrastructure and early governing practices, while also challenging and reshaping both through their day-to-day movements, from the mundane to the rebellious. Focusing on slaves' lives and labors, Quintana illuminates how black South Carolinians not only created the early state but also established their own extralegal economic sites, social and cultural havens, and independent communities along South Carolina's roads, rivers, and canals. Combining social history, the study of American politics, and critical geography, Quintana reframes our ideas of early American political development, illuminates the material production of space, and reveals the central role of slaves' daily movements (for their owners and themselves) to the development of the modern state.