United States Code


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Secession on Trial


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This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.




Treason on Trial


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In the immediate aftermath of the Civil War, federal officials captured, imprisoned, and indicted Jefferson Davis for treason. If found guilty, the former Confederate president faced execution for his role in levying war against the United States. Although the federal government pursued the charges for over four years, the case never went to trial. In this comprehensive analysis of the saga, Treason on Trial, Robert Icenhauer-Ramirez suggests that while national politics played a role in the trial’s direction, the actions of lesser-known individuals ultimately resulted in the failure to convict Davis. Early on, two primary factions argued against trying the case. Influential northerners dreaded the prospect of a public trial, fearing it would reopen the wounds of the war and make a martyr of Davis. Conversely, white southerners pointed to the treatment and prosecution of Davis as vindictive on the part of the federal government. Moreover, they maintained, the right to secede from the Union remained within the bounds of the law, effectively linking the treason charge against Davis with the constitutionality of secession. While Icenhauer-Ramirez agrees that politics played a role in the case, he suggests that focusing exclusively on that aspect obscures the importance of the participants. In the United States of America v. Jefferson Davis, preeminent lawyers represented both parties. According to Icenhauer-Ramirez, Lucius H. Chandler, the local prosecuting attorney, lacked the skill and temperament necessary to put the case on a footing that would lead to trial. In addition, Supreme Court Chief Justice Salmon P. Chase had little desire to preside over the divisive case and intentionally stymied the prosecution’s efforts. The deft analysis in Treason on Trial illustrates how complications caused by Chandler and Chase led to a three-year delay and, eventually, to the dismissal of the case in 1868, when President Andrew Johnson granted blanket amnesty to those who participated in the armed rebellion.




Prosecution for Treason


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The Constitution defines treason as levying war against the United States, by persons who hold allegiance to the US, in other words all Americans. This author argues that violence committed against citizens by anyone who wages weather warfare (she assumes Hurricane Katrina is an example) or who sets epidemics in motion (by laboratory-created diseases such as AIDS) should be prosecuted for the crime of treason. As for the violent MK-Ultra techniques, to which thousands of children were subjected, and which Congress revealed in 1975, how is it that all the perpetrators escaped punishment? They would be properly designated not as Dr Strangelove's but as traitors. The law is clear on this.




The Treason Trial of Aaron Burr


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The Burr trial pitted Marshall, Jefferson and Burr in a dramatic three-way contest that left a permanent mark on the new nation.




The Trial of Pierre Laval


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In a stunning work combining historical memory, legal ambiguity, and profound issues of justice, J. Kenneth Brody provides a picture of France in World War II that continues to haunt the present. Architect in 1940 of Marshal Petain's Vichy French regime and its prime minister from April 1942 to August 1944, at war's end Pierre Laval was promptly arrested on charges of treason. This book tells the story of his trial. Did he betray France, or did he serve France under terrible circumstances? What was the truth of "collaboration"? This book considers the pretrial proceedings, or lack thereof, the evidence, and the arguments of the prosecution, as well as Laval's vigorous defense in the early days of the trial. Because of irregularities in the preliminary proceedings, Laval's defense counsel declined from the outset to participate in the trial. For those reasons and because of the prejudicial conduct of the prosecution, on the third day of the trial, Pierre Laval also declined to participate further. What his defense might have been in a normal pre-trial proceeding and in a fair trial are matters of conjecture. What remains clear is that political trials are a unique form of law and moral judgment. Trials and history share a common goal-the truth. Trial, judgment, and appeal are intended to produce finality. History, on the other hand, is never final. After its performance in the trial of Pierre Laval, the government of France continued its policy of concealment, even though the truth could no longer determine the outcome of the trial. Slowly, by persistence, courage, and loyalty, history's claims to truth were established. This book presents the defense that might have been presented and then relates the final judgment, its grisly execution only eleven days after the trial opened, and its aftermath. J. Kenneth Brody was a World War II naval officer aboard destroyers in the Atlantic, Mediterranean, and Pacific theaters. He practiced law in Seattle and was executive vice president of a Fortune 500 company, retiring to write the history of his era. He is the author of The Avoidable War (two volumes) and the editor of Yale, A Celebration.




With Malice Toward Some


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With Malice toward Some: Treason and Loyalty in the Civil War Era




The Law of Treason and Treason Trials in Later Medieval France


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An account of the theoretical framework, legal complexities and enforcement of the French treason law.




Treason


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Set against the framework of modern political concerns, Treason: Medieval and Early Modern Adultery, Betrayal, and Shame considers the various forms of treachery in a variety of sources, including literature, historical chronicles, and material culture creating a complex portrait of the development of this high crime.




The Lost Indictment of Robert E. Lee


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History has been kind to Robert E. Lee. Woodrow Wilson believed General Lee was a “model to men who would be morally great.” Douglas Southall Freeman, who won a Pulitzer Prize for his four-volume biography of Lee, described his subject as “one of a small company of great men in whom there is no inconsistency to be explained, no enigma to be solved.” Winston Churchill called him “one of the noblest Americans who ever lived.” Until recently, there was even a stained glass window devoted to Lee's life at the National Cathedral in Washington, D.C. Immediately after the Civil War, however, many northerners believed Lee should be hanged for treason and war crimes. Americans will be surprised to learn that in June of 1865 Robert E. Lee was indicted for treason by a Norfolk, Virginia grand jury. In his instructions to the grand jury, Judge John C. Underwood described treason as “wholesale murder,” and declared that the instigators of the rebellion had “hands dripping with the blood of slaughtered innocents.” In early 1866, Lee decided against visiting friends while in Washington, D.C. for a congressional hearing, because he was conscious of being perceived as a “monster” by citizens of the nation’s capital. Yet somehow, roughly fifty years after his trip to Washington, Lee had been transformed into a venerable American hero, who was highly regarded by southerners and northerners alike. Almost a century after Appomattox, Dwight D. Eisenhower had Lee’s portrait on the wall of his White House office. The Lost Indictment of Robert E. Lee tells the story of the forgotten legal and moral case that was made against the Confederate general after the Civil War. The actual indictment went missing for 72 years. Over the past 150 years, the indictment against Lee after the war has both literally and figuratively disappeared from our national consciousness. In this book, Civil War historian John Reeves illuminates the incredible turnaround in attitudes towards the defeated general by examining the evolving case against him from 1865 to 1870 and beyond.