Category Court Cases
The War That Made America
This is a book of essays inspired by Gary Gallagher’s scholarship. It’s edited by Caroline Janney, Aaron Sheehan-Dean, and the late Peter Carmichael. It contains ten essays from top historians who were students of Professor Gallagher’s in addition to the introduction. After a short overview of Professor Gallagher’s professional career the editors write, “The essays […]
Abraham Lincoln Suspends Habeas Corpus
It’s been eleven years since I posted this, so I thought we should revisit it. Neoconfederates often accuse Abraham Lincoln of being a tyrant who trashed the US Constitution, and they use as Exhibit Number One his suspension of the privilege of the Writ of Habeas Corpus. The question arises, though, does this indicate a […]
The Confederacy: What Was It? The View from the Federal Courts
This article is by Professor Ludwell H. Johnson III and appeared in Civil War History, Vol. XXXII, No. 1, March, 1986, pp. 5-22. He begins with President Abraham Lincoln’s proclamation establishing a blockade of the rebellious states. “Lincoln had considered expedients other than a blockade to cut off such trade, ‘floating customs houses’ being one, […]
The Protector
The citation for this case is 79 US (12 Wall.) 700. It was decided in 1870, with Chief Justice Salmon P. Chase delivering the Opinion of the Court. We begin by setting the circumstances of the case. “This was a motion by Mr. P. Phillips to dismiss an appeal from a decree of the Circuit […]
Constitutionalism in the Approach and Aftermath of the Civil War
This book, edited by Professors Paul D. Moreno and Johnathan O’Neill, is a collection of essays in honor of Professor Herman Belz. The editors tell us, “This collection of essays examines American constitutionalism from the founding to the Progressive era. At its center is Abraham Lincoln’s statesmanship on slavery and secession. Additional essays consider issues […]
CWTR Episode 1719: Secession on Trial: The Treason Prosecution of Jefferson Davis
Here’s an excellent conversation between host Professor Gerald Prokopowicz and his guest, Professor Cynthia Nicoletti, on the case of United States v. Jefferson Davis.
Dow v. Johnson
You can find this case at 100 US 158. This is a case out of Louisiana involving US Brigadier General Neal Dow. Justice Fields provides the facts of the case: “Neal Dow, was a brigadier general in the Army of the United States during the late civil war, and in 1862 and 1863 was stationed […]
Liberty & Union
This book by Professor Timothy Huebner of Rhodes College in Memphis looks at the impact of the Civil War on American Constitutionalism. He begins by looking at slavery and the Constitution, and first writes about the Founders and the Constitution, telling us, “At least three ideological strains informed the thinking of the American founders. One […]
Treason on Trial
Robert Icenhauer-Ramirez is a lawyer who earned his Ph.D. in history. In this, his first book, Dr. Icenhauer-Ramirez looks at the fiasco surrounding the charge of treason against Jefferson Davis. The book does not have an auspicious start. I thought his Preface was atrocious. On page ix he claims, “Historians have largely ignored why the […]
Student of the American Civil War 
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