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.

Charles Dew’s Apostles of Disunion has established itself as a modern classic and an indispensable account of the Southern states’ secession from the Union. Addressing topics still hotly debated among historians and the public at large more than a century and a half after the Civil War, the book offers a compelling and clearly substantiated argument that slavery and race were at the heart of our great national crisis. The fifteen years since the original publication of Apostles of Disunion have seen an intensification of debates surrounding the Confederate flag and Civil War monuments. In a powerful new afterword to this anniversary edition, Dew situates the book in relation to these recent controversies and factors in the role of vast financial interests tied to the internal slave trade in pushing Virginia and other upper South states toward secession and war.

David French warns of the potential dangers to the country—and the world—if we don’t summon the courage to reconcile our political differences. Two decades into the 21st Century, the U.S. is less united than at any time in our history since the Civil War. We are more diverse in our beliefs and culture than ever before. But red and blue states, secular and religious groups, liberal and conservative idealists, and Republican and Democratic representatives all have one thing in common: each believes their distinct cultures and liberties are being threatened by an escalating violent opposition. This polarized tribalism, espoused by the loudest, angriest fringe extremists on both the left and the right, dismisses dialogue as appeasement; if left unchecked, it could very well lead to secession. An engaging mix of cutting edge research and fair-minded analysis, Divided We Fall is an unblinking look at the true dimensions and dangers of this widening ideological gap, and what could happen if we don't take steps toward bridging it. French reveals chilling, plausible scenarios of how the United States could fracture into regions that will not only weaken the country but destabilize the world. But our future is not written in stone. By implementing James Madison’s vision of pluralism—that all people have the right to form communities representing their personal values—we can prevent oppressive factions from seizing absolute power and instead maintain everyone’s beliefs and identities across all fifty states. Reestablishing national unity will require the bravery to commit ourselves to embracing qualities of kindness, decency, and grace towards those we disagree with ideologically. French calls on all of us to demonstrate true tolerance so we can heal the American divide. If we want to remain united, we must learn to stand together again.

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.

From journalist and historian Richard Kreitner, a "powerful revisionist account"of the most persistent idea in American history: these supposedly United States should be broken up (Eric Foner). The novel and fiery thesis of Break It Up is simple: The United States has never lived up to its name—and never will. The disunionist impulse may have found its greatest expression in the Civil War, but as Break It Up shows, the seduction of secession wasn’t limited to the South or the nineteenth century. It was there at our founding and has never gone away. With a scholar’s command and a journalist’s curiosity, Richard Kreitner takes readers on a revolutionary journey through American history, revealing the power and persistence of disunion movements in every era and region. Each New England town after Plymouth was a secession from another; the thirteen colonies viewed their Union as a means to the end of securing independence, not an end in itself; George Washington feared separatism west of the Alleghenies; Aaron Burr schemed to set up a new empire; John Quincy Adams brought a Massachusetts town’s petition for dissolving the United States to the floor of Congress; and abolitionist William Lloyd Garrison denounced the Constitution as a pro-slavery pact with the devil. From the “cold civil war” that pits partisans against one another to the modern secession movements in California and Texas, the divisions that threaten to tear America apart today have centuries-old roots in the earliest days of our Republic. Richly researched and persuasively argued, Break It Up will help readers make fresh sense of our fractured age.