This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.

Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.

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.

In Indian Territory the Civil War is a story best told through shades of gray rather than black and white or heroes and villains. Since neutrality appeared virtually impossible, the vast majority of territory residents chose a side, doing so for myriad reasons and not necessarily out of affection for either the Union or the Confederacy. Indigenous residents found themselves fighting to protect their unusual dual status as communities distinct from the American citizenry yet legal wards of the federal government. The Civil War and Reconstruction in Indian Territory is a nuanced and authoritative examination of the layers of conflicts both on and off the Civil War battlefield. It examines the military front and the home front; the experiences of the Five Nations and those of the agency tribes in the western portion of the territory; the severe conflicts between Native Americans and the federal government and between Indian nations and their former slaves during and beyond the Reconstruction years; and the concept of memory as viewed through the lenses of Native American oral traditions and the modern evolution of public history. These carefully crafted essays by leading scholars such as Amanda Cobb-Greetham, Clarissa Confer, Richard B. McCaslin, Linda W. Reese, and F. Todd Smith will help teachers and students better understand the Civil War, Native American history, and Oklahoma history.

From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.

In this provocative study, Robert Harrison provides new insight into grassroots reconstruction after the Civil War and into the lives of those most deeply affected, the newly emancipated African Americans. Harrison argues that the District of Columbia, far from being marginal to the Reconstruction story, was central to Republican efforts to reshape civil and political relations, with the capital a testing ground for Congressional policy makers. The study describes the ways in which federal agencies such as the Army and the Freedmen's Bureau attempted to assist Washington's freed population and shows how officials struggled to address the social problems resulting from large-scale African-American migration. It also sheds new light on the political processes that led to the abandonment of Reconstruction and the onset of black disfranchisement.

Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in