American Legal History Research Guide

The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined.

Author Joseph Ranney explodes the myth of a unified South and exposes just how complex and fragile the postwar recovery was. The end of slavery and the emergence of a radically new social order raised a host of thorny legal issues: What place should newly freed slaves have in Southern society? What was the proper balance between states' rights and a newly powerful federal government? How could postwar economic distress be eased without destroying property rights? Should new civil rights be extended to women as well as blacks? Southern states addressed these issues in surprisingly different ways. Southern states took an active hand in shaping postwar changes, and Southern courts often defended civil rights and national reunification against hostile Southern legislators. He also profiles judges and other lawmakers who shaped Southern law during and after Reconstruction, including heretofore little-known black leaders in the South. These extraordinary individuals created a legal heritage that assisted leaders of the second civil rights revolution a century after Reconstruction ended.

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.

"In Madness, Malingering, and Malfeasance, R. Gregory Lande describes the struggle of the medical and legal professions and the U.S. government to cope with insubordination, substance abuse, and crime in the Civil War-era military." "While the requirements of military law have always differed from those of civilian law, Civil War troops did not have access to legal counsel unless they could afford to hire a lawyer themselves. The sad result was that many mentally ill, incompetent, and poor men were imprisoned for long periods or even put to death. Though a more sophisticated abuse developed after the war in the emerging field of forensic psychiatry, it would take many years for American society to reform the treatment of those deemed "criminally insane.""

In The Field of Blood, Joanne B. Freeman recovers the long-lost story of physical violence on the floor of the U.S. Congress. Drawing on an extraordinary range of sources, she shows that the Capitol was rife with conflict in the decades before the Civil War. Legislative sessions were often punctuated by mortal threats, canings, flipped desks, and all-out slugfests. When debate broke down, congressmen drew pistols and waved Bowie knives. One representative even killed another in a duel. Many were beaten and bullied in an attempt to intimidate them into compliance, particularly on the issue of slavery.These fights didn't happen in a vacuum. Freeman's dramatic accounts of brawls and thrashings tell a larger story of how fisticuffs and journalism, and the powerful emotions they elicited, raised tensions between North and South and led toward war. The result is a fresh understanding of the workings of American democracy and the bonds of Union on the eve of their greatest peril.