Abiel Leonard, Yankee Slaveholder, Eminent Jurist, and Passionate Unionist


Book Description

This study details the career of a prominent 19th century Missouri lawyer and Whig politician. As a lawyer, Leonard tried thousands of cases before county circuit courts, the Missouri Supreme Court, and the United States Supreme Court. Leonard's legal career furnishes insight into the daily lives, special difficulties, and duties of frontier lawyers, circuit attorneys, and supreme court justices. The biography also illuminates the political culture of Missouri from the beginning of the Age of Jackson into the Civil War period. Elected to the House of Representatives, Leonard's efforts demonstrate how politicians participated in their caucuses, developed legislative strategies, and built consensus. Finally, it furnishes greater understanding of the complex emotional, cultural, political and economic factors that led to sharp divisions over the issues of secession and civil war in a border state. Leonard and his family experienced many of war's hardships. Despite being a slaveholder, Leonard supported emancipation as a necessary measure to hasten Union victory.




Lincoln's Resolute Unionist


Book Description

As provisional governor of Missouri during the Civil War, Hamilton Gamble (1798--1864) worked closely with the Lincoln administration to keep the state from seceding from the Union. Without Gamble and other loyal Unionist governors, the war in the West might have been lost. Dennis Boman's full-scale account of Gamble's life tells the little-known story of a prominent frontier lawyer who became chief justice of the Missouri Supreme Court and boldly dissented in the infamous Dred Scott decision. Revealing how Gamble, one of the wealthiest and most renowned citizens of pre--Civil War Missouri, fought to end slavery and to protect the integrity of the Union, Lincoln's Resolute Unionist corrects prevailing notions about solidarity among the South's antebellum elite on these issues. The slaveholding border state of Missouri figured greatly in the sectional crisis from the time of its controversial admission to the Union up through the war itself, when it was the site of internecine battles between Unionists and Confederates. The complexities of the period and of the political alliances formed then emerge clearly in Boman's biography of Gamble. A fundamental conservatism -- Gamble believed judges should interpret, not make, law -- led the southern slave owner to dissent from his colleagues' proslavery decision in Scott v. Emerson. These same principles, along with Gamble's Whig affiliation and Christian convictions, made firm his antisecessionist stance despite his proslavery predilections. Boman provides a groundbreaking analysis of Lincoln's involvement in Missouri's affairs, including his assistance to Gamble in maintaining security and passing a state ordinance for gradual emancipation. Lincoln's Resolute Unionist brings to light in a compelling fashion the meaning -- and the drama -- of the life of a key figure at a critical time in American history.




On Slavery's Border


Book Description

On Slavery’s Border is a bottom-up examination of how slavery and slaveholding were influenced by both the geography and the scale of the slaveholding enterprise. Missouri’s strategic access to important waterways made it a key site at the periphery of the Atlantic world. By the time of statehood in 1821, people were moving there in large numbers, especially from the upper South, hoping to replicate the slave society they’d left behind. Diane Mutti Burke focuses on the Missouri counties located along the Mississippi and Missouri rivers to investigate small-scale slavery at the level of the household and neighborhood. She examines such topics as small slaveholders’ child-rearing and fiscal strategies, the economics of slavery, relations between slaves and owners, the challenges faced by slave families, sociability among enslaved and free Missourians within rural neighborhoods, and the disintegration of slavery during the Civil War. Mutti Burke argues that economic and social factors gave Missouri slavery an especially intimate quality. Owners directly oversaw their slaves and lived in close proximity with them, sometimes in the same building. White Missourians believed this made for a milder version of bondage. Some slaves, who expressed fear of being sold further south, seemed to agree. Mutti Burke reveals, however, that while small slaveholding created some advantages for slaves, it also made them more vulnerable to abuse and interference in their personal lives. In a region with easy access to the free states, the perception that slavery was threatened spawned white anxiety, which frequently led to violent reassertions of supremacy.




So Conceived and So Dedicated


Book Description

Highlighting recent and new directions in contemporary research in the field, So Conceived and So Dedicated offers a complete and updated picture of intellectual life in the Civil War–era Union. Compiling essays from both established and young historians, this volume addresses the role intellectuals played in framing the conflict and implementing their vision of a victorious Union. Broadly defining “intellectuals” to encompass doctors, lawyers, sketch artists, college professors, health reformers, and religious leaders, the essays address how these thinkers disseminated their ideas, sometimes using commercial or popular venues and organizations to implement what they believed. Offering a vast range of perspectives on how northerners thought about,experienced, and responded to the Civil War, So Conceived and So Dedicated is organized around three questions: To what extent did educated Americans believe that the Civil War exposed the failure of old ideas? Did the Civil War promote new strains of authoritarianism in northern intellectual life or did the war reinforce democratic individualism? How did the Civil War affect northerners’ conception of nationalism and their understanding of their relationship to the state? Essays explore myriad topics, including: how antebellum ideas about the environment and the body influenced conceptions of democratic health; how leaders of the Irish American community reconciled their support of the United States and the Republican Party with their allegiances to Ireland and their fellow Irish immigrants; how intellectual leaders of the northern African American community explained secession, civil war, and emancipation; the influence of southern ideals on northern intellectuals; wartime and postwar views from college and university campuses; the ideological acrobatics that professors at midwestern universities had to perform in order to keep their students from leaving the classroom; and how northern sketch artists helped influence the changing perceptions of African American soldiers over the course of the war. Collectively, So Conceived and So Dedicated offers relevant and fruitful answers to the nation’s intellectual history and suggests that antebellum modes of thinking remained vital and tenacious well after the Civil War.




To Live and Die in Dixie


Book Description

According to the 1860 census, nearly 350,000 native northerners resided in a southern state by the time of the Civil War. Although northern in birth and upbringing, many of these men and women identified with their adopted section once they moved south. In this innovative study, David Ross Zimring examines what motivated these Americans to change sections, support (or not) the Confederate cause, and, in many cases, rise to considerable influence in their new homeland. By analyzing the lives of northern emigrants in the South, Zimring deepens our understanding of the nature of sectional identity as well as the strength of Confederate nationalism. Focusing on a representative sample of emigrants, Zimring identifies two subgroups: “adoptive southerners,” individuals born and raised in a state above the Mason-Dixon line but who but did not necessarily join the Confederacy after they moved south, and “Northern Confederates,” emigrants who sided with the Confederacy during the Civil War. After analyzing statistical data on states of origin, age, education, decade of migration, and, most importantly, the reasons why these individuals embarked for the South in the first place, Zimring goes on to explore the prewar lives of adoptive southerners, the adaptations they made with regard to slavery, and the factors that influenced their allegiances during the secession crisis. He also analyzes their contributions to the Confederate military and home front, the emergence of their Confederate identities and nationalism, their experiences as prisoners of war in the North, and the reactions they elicited from native southerners. In tracing these journeys from native northerner to Confederate veteran, this book reveals not only the complex transformations of adoptive southerners but also the flexibility of sectional and national identity before the war and the loss of that flexibility in its aftermath. To Live and Die in Dixie is a thought-provoking work that provides a novel perspective on the revolutionary changes the Civil War unleashed on American society.




The Dred Scott Case


Book Description

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom. Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff




Rebels on the Border


Book Description

Rebels on the Border offers a remarkably compelling and significant study of the Civil War South's highly contested and bloodiest border states: Kentucky and Missouri. By far the most complex examination to date, the book sharply focuses on the "borderland" between the free North and the Confederate South. As a result, Rebels on the Border deepens and enhances understanding of the sectional conflict, the Civil War, and Reconstruction. After slaves in central Kentucky and Missouri gained their emancipation, author Aaron Astor contends, they transformed informal kin and social networks of resistance against slavery into more formalized processes of electoral participation and institution building. At the same time, white politics in Kentucky's Bluegrass and Missouri's Little Dixie underwent an electoral realignment in response to the racial and social revolution caused by the war and its aftermath. Black citizenship and voting rights provoked a violent white reaction and a cultural reinterpretation of white regional identity. After the war, the majority of wartime Unionists in the Bluegrass and Little Dixie joined former Confederate guerrillas in the Democratic Party in an effort to stifle the political ambitions of former slaves. Rebels on the Border is not simply a story of bitter political struggles, partisan guerrilla warfare, and racial violence. Like no other scholarly account of Kentucky and Missouri during the Civil War, it places these two crucial heartland states within the broad context of local, southern, and national politics.




Roadblocks to Freedom


Book Description

This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all or some of their slaves. Slavery law also permitted people to win their freedom if they were held as slaves contrary to law. In this book, Fede provides a comprehensive view of how some enslaved litigants won their freedom in the courtand how many others, like Dred and Harriet Scott, did not because of the substantive and procedural barriers that both judges and legislators placed in the way of people held in slavery who sought their freedom in court. From the 17th century to the Civil War, Southern governments built roadblock after roadblock to the freedom sought by deserving enslaved people, even if this restricted the masters' rights to free their slaves or defied settled law. They increasingly prohibited all manumissions and added layers of procedure to those seeking freedomwhile eventually providing a streamlined process by which free blacks "voluntarily" enslaved themselves and their children. Drawing on his three decades of legal experience to take seriously the trial process and rules under which slave freedom cases were decided, Fede considers how slave owners, slaves, and lawyers caused legal change from the bottom up.




Lincoln and Citizens' Rights in Civil War Missouri


Book Description

During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.




Missouri’s War


Book Description

Civil War Missouri stood at the crossroads of America. As the most Southern-leaning state in the Middle West, Missouri faced a unique dilemma. The state formed the gateway between east and west, as well as one of the borders between the two contending armies. Moreover, because Missouri was the only slave state in the Great Interior, the conflicts that were tearing the nation apart were also starkly evident within the state. Deep divisions between Southern and Union supporters, as well as guerrilla violence on the western border, created a terrible situation for civilians who lived through the attacks of bushwhackers and Jayhawkers. The documents collected in Missouri’s War reveal what factors motivated Missourians to remain loyal to the Union or to fight for the Confederacy, how they coped with their internal divisions and conflicts, and how they experienced the end of slavery in the state. Private letters, diary entries, song lyrics, official Union and Confederate army reports, newspaper editorials, and sermons illuminate the war within and across Missouri’s borders. Missouri’s War also highlights the experience of free and enslaved African Americans before the war, as enlisted Union soldiers, and in their effort to gain rights after the end of the war. Although the collection focuses primarily on the war years, several documents highlight both the national sectional conflict that led to the outbreak of violence and the effort to reunite the conflicting forces in Missouri after the war.