Changes in Law and Society during the Civil War and Reconstruction: A Legal History Documentary Reader / Edition 2

by Christian G. Samito

Overview

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. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

Product Details

ISBN-13:	9780809328895
Publisher:	Southern Illinois University Press
Publication date:	06/22/2009
Series:	Legal History of the Civil War Era Series
Edition description:	1st Edition
Pages:	352
Product dimensions:	6.10(w) x 9.20(h) x 0.90(d)

About the Author

Christian G. Samito, who earned a law degree from Harvard Law School and a doctorate in American history, is the editor of Commanding Boston’s Irish Ninth:The Civil War Letters of Colonel Patrick R. Guiney, Ninth Massachusetts Volunteer Infantry and “Fear Was Not in Him”: The Civil War Letters of Major General Francis C. Barlow, U.S.A, and the author of Becoming American under Fire: Irish Americans, African Americans, and the Politics of Citizenship during the Civil War Era. In addition to teaching at Boston College and Boston University School of Law, Samito practices law in Boston.

Table of Contents

List of Illustrations xiii

Introduction 1

Chapter 1 The Status of African Americans Before the Civil War 5

1 The State v. John Mann, 13 N.C. 263 (Supreme Court of North Carolina, 1829) 8

2 Commonwealth v. Thomas Aves, 35 Mass. 193 (Massachusetts Supreme Judicial Court, 1836) 11

3 Prigg v. Pennsylvania, 41 U.S. 539 (1842) 17

4 Sarah C. Roberts v. The City of Boston, 59 Mass. 198 (Massachusetts Supreme Judicial Court, 1850) 21

5 An Act to amend, and supplementary to, the Act entitled, "An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters," approved February twelfth, one thousand seven hundred and ninety-three, 9 Stat. 462 (September 18, 1850) (Fugitive Slave Act) 25

6 Solomon Northup, Twelve Years a Slave. Narrative of Solomon Northup, a Citizen of New-York, Kidnapped in Washington City in 1841 and Rescued in 1853, from a Cotton Plantation near the Red River in Louisiana (Auburn: Derby and Miller; Buffalo: Derby, Orton and Mulligan; London: Sampson Low, Son & Company, 1853) 27

7 William J. Watkins, Our Rights As Men. An Address Delivered in Boston, Before the Legislative Committee on the Militia, February 24, 1853 (Boston: Benjamin F. Roberts, 1853) 30

8 The Boston Slave Riot, and Trial of Anthony Burns, Containing the Report of the Faneuil Hall Meeting; the Murder of Batchelder; Theodore Parker's Lesson for the Day; Speeches of Counsel on Both Sides, Corrected by Themselves; Verbatim Report of Judge Loring's Decision; and a Detailed Account of the Embarkation (Boston: Fetridge and Company, 1854) 33

9 Theodore Parker, The New Crime Against Humanity. A Sermon, Preached at the Music Hall, in Boston, onSunday, June 4, 1854 (Boston: B. B. Mussey, 1854) 36

10 George Fitzhugh, Sociology for the South; or, the Failure of Free Society (Richmond, Va.: A. Morris, 1854) and Cannibals All! or, Slaves Without Masters (Richmond, Va.: A. Morris, 1857) 39

11 Dred Scott v. Sandford, 60 U.S. 393 (1857) (Opinion of Chief Justice Taney, Dissent of Justice Curtis) 42

12 Speech of James Henry Hammond to the U.S. Senate (March 4, 1858) (Congressional Globe, 35th Congress, 1st Session) 52

13 Abraham Lincoln's Speech at Chicago, Illinois (July 10, 1858) 54

Chapter 2 The Expansion of Governmental Power and the Nationalization of the Union 59

1 Lincoln's Proclamation Calling Forth the Militia and Convening Congress (April 15, 1861) 62

2 Lincoln's Suspension of Habeas Corpus (April 27, 1861) 63

3 Ex parte Merryman, 17 F. Cas. 144 (Circuit Court, D. Maryland, 1861) 63

4 Lincoln's Message to Congress (July 4, 1861) (Library of Congress) 67

5 Opinion of Attorney General Bates on Suspension of Habeas Corpus, 10 Op. Att'y Gen. 74 (July 5, 1861) 73

6 An Act to provide Internal Revenue to support the Government and to pay Interest on the Public Debt, 12 Stat. 432 (June 19, 1862) (Revenue Act) 79

7 Lincoln's Suspension of Habeas Corpus (September 24, 1862) 80

8 An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, 12 Stat. 755 (March 3, 1863) 81

9 An Act for enrolling and calling out the national Forces, and for other Purposes, 12 Stat. 731 (March 3, 1863) (Conscription Act) 82

10 Abraham Lincoln to Erastus Corning (June 1863) (Library of Congress) 83

11 Ex parte Milligan, 71 U.S. 2 (1866) 86

12 Texas v. White et al., 74 U.S. 700 (1869) 97

Chapter 3 African Americans, Emancipation, and Military Service 100

1 An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes, 12 Stat. 589 (July 17, 1862) (Second Confiscation Act) 101

2 An Act to amend the Act calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions, approved February twenty-eight, seventeen hundred and ninety-five, and the Acts amendatory thereof, and for other Purposes, 12 Stat. 597 (July 17, 1862) (Act Authorizing Black Enlistments) 103

3 Preliminary Emancipation Proclamation (September 22, 1862) 103

4 Opinion of Attorney General Bates on Citizenship, 10 Op. Att'y Gen. 382 (November 1862) 105

5 Emancipation Proclamation (January 1, 1863) 110

6 Abraham Lincoln to James C. Conkling (August 26, 1863) 111

7 Speech of Frederick Douglass from Addresses of the Hon. W. D. Kelley, Miss Anna E. Dickenson, and Mr. Frederick Douglass, at a Mass Meeting, Held at National Hall, Philadelphia, July 6, 1863, for the Promotion of Colored Enlistments (July 6, 1863) 115

8 Letter of Black Soldier James Henry Gooding to Abraham Lincoln Protesting Unequal Pay (September 28, 1863) (National Archives) 120

9 Petition of Seventy-four Members of the Black 55th Massachusetts to Lincoln Threatening Mutiny in Protest of Unequal Pay (July 16, 1864) (National Archives) 123

10 Congressional Debate Regarding Equalization of African American Soldiers' Pay (Congressional Globe, 38th Congress, 1st Session, 1864) 123

11 Transcripts of Three Civil War Courts-Martial of African American Soldiers (Sampson Goliah, Wallace Baker, and Samuel Green) 127

12 An Act to amend an Act entitled "An Act for enrolling and calling out the National Forces, and for other Purposes," approved March third, eighteen hundred and sixty-three, 13 Stat. 6 (February 24, 1864) (Act Freeing All Black Soldiers Drafted into the Army, Regardless of Whether Their Masters Were Loyal to the Union) 157

13 A Resolution to encourage Enlistments and to promote the Efficiency of the military Forces of the United States, 13 Res. 571 (March 3, 1865) (Resolution Freeing the Wives and Children of All Blacks in the Armed Forces of the Union) 158

14 Ceremonies at the Reception of Welcome to the Colored Soldiers of Pennsylvania, in the City of Harrisburg, Nov. 14, 1865, by the Garnet League (Harrisburg: Telegraph Steam Book and Job Office, 1865) 159

Chapter 4 Rights During The Civil War and Reconstruction: Potential, Change, and Opposition 164

1 Proceedings of the National Convention of Colored Men, Held in the City of Syracuse, N.Y. October 4, 5, 6, and 7, 1864; with the Bill of Wrongs and Rights and the Address to the American People (Boston: Geo. C. Rand & Avery, 1864) 168

2 An Act to establish a Bureau for the Relief of Freedmen and Refugees, 13 Stat. 507 (March 3, 1865) 183

3 An Act to incorporate the Freedman's Savings and Trust Company, 13 Stat. 510 (March 3, 1865) 184

4 George S. Boutwell, Reconstruction: Its True Basis. Speech of Hon. George S. Boutwell, at Weymouth, Mass., July 4, 1865 (Boston: Wright & Potter, 1865) 185

5 Charles B. Brockway, A Soldier's Sentiments: Speech of Capt. Charles B. Brockway, At the Great Knob Mountain Meeting, Columbia County, Pa., on Wednesday, August 30, 1865 ([Pennsylvania?]: n.p., [1865?]) 188

6 The Thirteenth Amendment (Declared Ratified December 18, 1865) 189

7 Various State Black Code Laws, Reprinted in 39th Congress, 2nd Session, Senate Executive Document No. 6, Laws in Relation to Freedmen (1867) 189

8 Mass Meeting of the Citizens of New-York, Held at the Cooper Institute, February 22d, 1866, To Approve the Principles Announced in the Messages of Andrew Johnson, President of the United States (New York: George F. Nesbitt & Co., 1866) 196

9 An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication, 14 Stat. 27 (April 9, 1866) 198

10 An Act for the Disposal of the Public Lands for Homestead Actual Settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, 14 Stat. 66 (June 21, 1866) (Southern Homestead Act) 200

11 United States v. Rhodes, 27 F. Cas. 785 (Circuit Court, D. Kentucky 1866) 201

12 In re Turner, 24 F. Cas. 337 (Circuit Court, D. Maryland 1867) 206

13 Three Reconstruction Acts (1867) 207

14 Articles of Impeachment against President Andrew Johnson (Presented to the Senate on March 4, 1868) (Supplement to the Congressional Globe, 40th Congress, 2nd Session, 1868) 214

15 American Citizenship Redefined: The Fourteenth Amendment (Declared Ratified July 28, 1868) and the Act of July 27, 1868 220

16 Benjamin P. Runkle, Address Delivered by Bvt. Col. Ben. P. Runkle, U.S.A. Chief Supt. Freedmen's Affairs, State of Kentucky, to the Freedmen of Louisville, October, 1868 (Louisville: Calvert, Tippett & Co., 1868) 223

17 The Fifteenth Amendment (Declared Ratified March 30, 1870) 226

18 Ku Klux Klan Hearings, 42nd Congress, 2nd Session, Multiple Reports (1872) 227

19 An Act to enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other purposes, 16 Stat. 140 (May 31, 1870) 232

20 An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes, 17 Stat. 13 (April 20, 1871) 234

21 Coger v. The North Western Union Packet Co., 37 Iowa 145 (Supreme Court of Iowa, 1873) 236

22 Vicksburgh Troubles, 43rd Congress, 2nd Session, House Report No. 265 (1875) 241

23 President Ulysses S. Grant to the United States Senate (January 13, 1875) (Journal of the Senate of the United States, 43rd Congress, 2nd Session) 256

24 An act to protect all citizens in their civil and legal rights, 18 Stat. Part 3, 335 (March 1, 1875) (Civil Rights Act) 258

Chapter 5 Judicial Interpretation and Limitation of the Civil War Amendments and Civil Rights Legislation 260

1 Slaughter-House Cases, 83 U.S. 36 (1873) 261

2 Minor v. Happersett, 88 U.S. 162 (1875) 272

3 United States v. Reese et al., 92 U.S. 214 (1876) 277

4 United States v. Cruikshank et al., 92 U.S. 542 (1876) 280

5 Hall v. DeCuir, 95 U.S. 485 (1878) 285

6 Strauder v. West Virginia, 100 U.S. 303 (1880) 289

7 United States v. Harris, 106 U.S. 629 (1883) 293

8 Civil Rights Cases: United States v. Stanley; United States v. Ryan; United States v. Nichols; United States v. Singleton; Robinson & Wife v. Memphis and Charleston Railroad Company, 109 U.S. 3 (1883) 297

9 Ex parte Yarbrough, 110 U.S. 651 (1884) (The Ku Klux Cases) 304

10 Plessy v. Ferguson, 163 U.S. 537 (1896) 310

Notes 325

Further Reading 327

Index 331

Editorial Reviews

Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.”—Legal History Blog

“The documents in this skillfully edited reader demonstrate with startling clarity the dramatic change the Civil War wrought in American law and society. This is one of the finest compendiums ever assembled of the legal cases, speeches, essays, and legislative acts from this period.”—Michael A. Ross, author of Justice of Shattered Dreams: Samuel Freeman Miller and the Supreme Court during the Civil War Era

 “Changes in Law and Society during the Civil War and Reconstruction provides the essential and necessary original source material for a clear understanding of the middle period of American history.  The documents, state papers, court opinions, and excellent illustrations improve our understanding of the tumultuous period of the Civil War and Reconstruction.”—Frank J. Williams, author of Judging Lincoln  

From the Publisher