The Limits of Sovereignty


Book Description

Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.




The Glorious Cause


Book Description

The first book to appear in the illustrious Oxford History of the United States, this critically acclaimed volume--a finalist for the Pulitzer Prize--offers an unsurpassed history of the Revolutionary War and the birth of the American republic. Beginning with the French and Indian War and continuing to the election of George Washington as first president, Robert Middlekauff offers a panoramic history of the conflict between England and America, highlighting the drama and anguish of the colonial struggle for independence. Combining the political and the personal, he provides a compelling account of the key events that precipitated the war, from the Stamp Act to the Tea Act, tracing the gradual gathering of American resistance that culminated in the Boston Tea Party and "the shot heard 'round the world." The heart of the book features a vivid description of the eight-year-long war, with gripping accounts of battles and campaigns, ranging from Bunker Hill and Washington's crossing of the Delaware to the brilliant victory at Hannah's Cowpens and the final triumph at Yorktown, paying particular attention to what made men fight in these bloody encounters. The book concludes with an insightful look at the making of the Constitution in the Philadelphia Convention of 1787 and the struggle over ratification. Through it all, Middlekauff gives the reader a vivid sense of how the colonists saw these events and the importance they gave to them. Common soldiers and great generals, Sons of Liberty and African slaves, town committee-men and representatives in congress--all receive their due. And there are particularly insightful portraits of such figures as Sam and John Adams, James Otis, Thomas Jefferson, George Washington, and many others. This new edition has been revised and expanded, with fresh coverage of topics such as mob reactions to British measures before the War, military medicine, women's role in the Revolution, American Indians, the different kinds of war fought by the Americans and the British, and the ratification of the Constitution. The book also has a new epilogue and an updated bibliography. The cause for which the colonists fought, liberty and independence, was glorious indeed. Here is an equally glorious narrative of an event that changed the world, capturing the profound and passionate struggle to found a free nation. The Oxford History of the United States The Oxford History of the United States is the most respected multi-volume history of our nation. The series includes three Pulitzer Prize winners, a New York Times bestseller, and winners of the Bancroft and Parkman Prizes. The Atlantic Monthly has praised it as "the most distinguished series in American historical scholarship," a series that "synthesizes a generation's worth of historical inquiry and knowledge into one literally state-of-the-art book." Conceived under the general editorship of C. Vann Woodward and Richard Hofstadter, and now under the editorship of David M. Kennedy, this renowned series blends social, political, economic, cultural, diplomatic, and military history into coherent and vividly written narrative.







The Loyalist Problem in Revolutionary New England


Book Description

The Loyalist Problem in Revolutionary New England begins with a snapshot of the region on the eve of the Boston Tea Party. The colonists' Republican tradition helped them spark the Revolution, but their special history also threatened the unity of the United States throughout the Revolutionary War, for Loyalists tried to discredit New Englanders as a naturally rebellious people. Yet Ingersoll shows that the rebels never sought to drive the dissenters out of the new nation, and accorded them a remarkable degree of liberal toleration, with the great majority of Loyalists ultimately becoming citizens of the new states.




Unnatural Rebellion


Book Description

Thousands of British American mainland colonists rejected the War for American Independence. Shunning rebel violence as unnecessary, unlawful, and unnatural, they emphasized the natural ties of blood, kinship, language, and religion that united the colonies to Britain. They hoped that British military strength would crush the minority rebellion and free the colonies to renegotiate their return to the empire. Of course the loyalists were too American to be of one mind. This is a story of how a cross-section of colonists flocked to the British headquarters of New York City to support their ideal of reunion. Despised by the rebels as enemies or as British appendages, New York’s refugees hoped to partner with the British to restore peaceful government in the colonies. The British confounded their expectations by instituting martial law in the city and marginalizing loyalist leaders. Still, the loyal Americans did not surrender their vision but creatively adapted their rhetoric and accommodated military governance to protect their long-standing bond with the mother country. They never imagined that allegiance to Britain would mean a permanent exile from their homes.




Truth in History


Book Description

Like scholars in other fields, historians have long occupied themselves in self-justification. In a society which calibrates all measures by a single standard, the proof of scientific worth became relevance, which in turn was interpreted as a search not for truth but for political correctness. In a blistering professional critique of this tendency in academic scholarship, perhaps the first of its kind, Oscar Handlin offers an analysis that, if anything, has grown more pertinent over the past decade. In seventeen chapters, written with the brilliant assurance of a master craftsman, Handlin shows why the turn to partisanship and meaning has undermined the calling of historical research. As his new introduction makes clear, partisanship has taken the best and brightest from the field into different callings. Both widely heralded upon its initial appearance as well as attacked with vigor, Truth in History emanates from a half-century's experience of reading, writing, teaching, researching, and publishing in history and related disciplines. The passage of time has only confirmed the concerns of Handlin and the accuracy of his predictions for the field. This book will be valuable for sociologists, economists, political scientists, and historians. It is a must read for those who contemplate a life of scholarship in liberal arts.




Making Legal History


Book Description

One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.




Almost A Miracle


Book Description

In this gripping chronicle of America's struggle for independence, award-winning historian John Ferling transports readers to the grim realities of that war, capturing an eight-year conflict filled with heroism, suffering, cowardice, betrayal, and fierce dedication. As Ferling demonstrates, it was a war that America came much closer to losing than is now usually remembered. General George Washington put it best when he said that the American victory was "little short of a standing miracle." Almost a Miracle offers an illuminating portrait of America's triumph, offering vivid descriptions of all the major engagements, from the first shots fired on Lexington Green to the surrender of General Cornwallis at Yorktown, revealing how these battles often hinged on intangibles such as leadership under fire, heroism, good fortune, blunders, tenacity, and surprise. Ferling paints sharp-eyed portraits of the key figures in the war, including General Washington and other American officers and civilian leaders. Some do not always measure up to their iconic reputations, including Washington himself. The book also examines the many faceless men who soldiered, often for years on end, braving untold dangers and enduring abounding miseries. The author explains why they served and sacrificed, and sees them as the forgotten heroes who won American independence.




The Organization of American Culture, 1700-1900


Book Description

Nationality, argues Peter Hall, did not follow directly from the colonists' declatation of independence from England, nor from the political union of the states under the Constitution of 1789. It was, rather, the product of organizations which socialized individuals to a national outlook. These institutions were the private corportions which Americans used after 1790 to carry on their central activities of production. The book is in three parts. In the first part the social and economic development of the American colonies is considered. In New England, population growth led to the breakdown of community - and the migration of people to both the cities and the frontier. New England's merchants and professional tried to maintain community leadership in the context of capitalism and democracy and developed a remarkable dependence on pricate corporations and the eleemosynary trust, devices that enabled them to exert influence disproportionate to their numbers. Part two looks at the problem of order and authority after 1790. Tracing the role of such New England-influenced corporate institutions as colleges, religious bodies, professional societeis, and businesses, Hall shows how their promoters sought to "civilize" the increasingly diverse and dispersed American people. With Jefferson's triumph in 1800. these institutions turned to new means of engineering consent, evangelical religion, moral fegorm, and education. The third part of this volume examines the fruition a=of these corporatist efforts. The author looks at the Civil War as a problem in large-scale organization, and the pre- and post-war emergence of a national administrative elite and national institutions of business and culture. Hall concludes with an evaluation of the organizational components of nationality and a consideration of the precedent that the past sets for the creation of internationality.