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Uncivil Warriors: The Lawyers' Civil War
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In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. Â
In a "nation of laws", such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights.Â
The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both the North and the South had their complement of lawyers, and Hoffer provides coverage of each side's leading lawyers.
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Audible Audiobook
Listening Length: 7 hours and 32 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: HighBridge Company
Audible.com Release Date: January 10, 2019
Whispersync for Voice: Ready
Language: English, English
ASIN: B07MC147TB
Amazon Best Sellers Rank:
Well written history or people you dont normally heat much about. Probably not a book for the casual civil war reader but good for most readers and even the casual fan that is okay with the new names they will read about.
A remarkable account of the legal restraints Lincoln himself put on the actions of the government during the civil war nonwithstanding his suspension of habeas corpus. Little known to the general reader is that his Cabinet was mostly lawyers .
The content is well researched, organized and interestingly presented. It is an excellent read that is relevant to today’s events. Regrettably the last paragraphs are inapposite and reek of baseless partisanship.
The Constitution established the legality of slavery. It’s not so clear on the legality of secession, caused by Southerners knowing that Lincoln would not enforce the Fugitive Slave acts of 1795 and 1850. Hoffer fails to justify Lincoln’s suspension of habeas corpus nor that secession was illegal according to the Constitution, Articles of Confederation or Articles of Union. He asks was secession a crime? He thinks that Lincoln got better legal advice than Davis. Then as now there was much fuzzy sermonizing with partisanship overriding legal arguments. There was an attempt to define and legalize war by Francis Lieber, commissioned by Stanton to write rules of war in 1862.Best of the book is some interesting biographies and history of post CW legislation with careers of lawyers N and S after the CW. These include John Sherman, Nathaniel Banks and Benjamin Butler and many more. Alexander Stephens and Judah Benjamin advocated popular sovereignty like Stephen Douglas. Along with biographies, is a listing of post civil war legislation, the 13th, 14th and 15th Amendments, the Civil Rights Act (1866), Revenue and Bankruptcy Acts (1867), Judiciary Act (1869), Conformity Act (1872), Jurisdiction and Removal Act (1869), Judiciary Act (1869), and Federal Rules of Civil Procedure (1938). Curiously, there is no mention of the Tenure of Office Act, by which Andrew Johnson was impeached.After the CW Gilded Age lawyers were indispensable in helping to preserve equality.The book is well written, with many interesting aspects, but except for extensive legislation after the war, the issues of slavery and secession were both settled by war not by law.
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