Series on Law, Society, and Politics in the Midwest

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    Surveillance and Spies in the Civil War

    Stephen E. Towne

    Surveillance and Spies in the Civil War represents pathbreaking research on the rise of U.S. Army intelligence operations in the Midwest during the American Civil War and counters long-standing assumptions about Northern politics and society. At the beginning of the rebellion, state governors in Ohio, Indiana, and Illinois cooperated with federal law enforcement officials in various attempts—all failed—to investigate reports of secret groups and individuals who opposed the Union war effort. Starting in 1862, army commanders took it upon themselves to initiate investigations of antiwar sentiment in those states. By 1863, several of them had established intelligence operations staffed by hired civilian detectives and by soldiers detailed from their units to chase down deserters and draft dodgers, to maintain surveillance on suspected persons and groups, and to investigate organized resistance to the draft. By 1864, these spies had infiltrated secret organizations that, sometimes in collaboration with Confederate rebels, aimed to subvert the war effort. Stephen E. Towne is the first to thoroughly explore the role and impact of Union spies against Confederate plots in the North. This new analysis invites historians to delve more deeply into the fabric of the Northern wartime experience and reinterpret the period based on broader archival evidence.

    The Life and Death of Gus Reed

    Thomas Bahde

    Gus Reed was a freed slave who traveled north as Sherman’s March was sweeping through Georgia in 1864. His journey ended in Springfield, Illinois, a city undergoing fundamental changes as its white citizens struggled to understand the political, legal, and cultural consequences of emancipation and black citizenship. Reed became known as a petty thief, appearing time and again in the records of the state’s courts and prisons. In late 1877, he burglarized the home of a well-known Springfield attorney—and brother of Abraham Lincoln’s former law partner—a crime for which he was convicted and sentenced to the Illinois State Penitentiary. Reed died at the penitentiary in 1878, shackled to the door of his cell for days with a gag strapped in his mouth. An investigation established that two guards were responsible for the prisoner’s death, but neither they nor the prison warden suffered any penalty. The guards were dismissed, the investigation was closed, and Reed was forgotten. Gus Reed’s story connects the political and legal cultures of white supremacy, black migration and black communities, the Midwest’s experience with the Civil War and Reconstruction, and the resurgence of nationwide opposition to African American civil rights in the late nineteenth century. These experiences shaped a nation with deep and unresolved misgivings about race, as well as distinctive and conflicting ideas about justice and how to achieve it.

    The Jury in Lincoln’s America

    Stacy Pratt McDermott

    In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Illinois, comprised an ethnically and racially diverse population of settlers from northern and southern states, representing both urban and rural mid-nineteenth-century America. It was in these counties that Lincoln developed his law practice, handling more than 5,200 cases in a legal career that spanned nearly twenty-five years. Drawing from a rich collection of legal records, docket books, county histories, and surviving newspapers, McDermott reveals the enormous power jurors wielded over the litigants and the character of their communities.

    Degrees of Allegiance

    Petra DeWitt

    Historians have long argued that the Great War eradicated German culture from American soil. Degrees of Allegiance examines the experiences of German-Americans living in Missouri during the First World War, evaluating the personal relationships at the local level that shaped their lives and the way that they were affected by national war effort guidelines. Spared from widespread hate crimes, German-Americans in Missouri did not have the same bleak experiences as other German-Americans in the Midwest or across America. But they were still subject to regular charges of disloyalty, sometimes because of conflicts within the German-American community itself. Degrees of Allegiance updates traditional thinking about the German-American experience during the Great War, taking into account not just the war years but also the history of German settlement and the war’s impact on German-American culture.

    The History of Indiana Law

    Группа авторов

    Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation. The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society. The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.

    The Rescue of Joshua Glover

    H. Robert Baker

    On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional. The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover’s brief, but enormously important, appearance in Wisconsin on the eve of the Civil War. H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom’s Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover’s rescue raised troubling questions about citizenship and the place of free blacks in America.

    Justice and Legal Change on the Shores of Lake Erie

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    Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications ­—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk. This timely history confirms the significant role played by district courts in the history of the United States.

    The Jacksonian Conservatism of Rufus P. Ranney

    David M. Gold

    Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies. Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. He advocated equality and limited government as understood by radical Jacksonian Democrats. Scholarly discussions of Jacksonian jurisprudence have primarily focused on a handful of United States Supreme Court cases, but Ranney’s opinions, taken as a whole, outline a broader approach to judicial decision making. A founder of the Ohio State Bar Association, Ranney was immensely influential but has been understudied until now. He left no private papers, even destroying his own correspondence. In The Jacksonian Conservatism of Rufus P. Ranney, David M. Gold works with the public record to reveal the contours of Ranney’s life and work. The result is a new look at how Jacksonian principles crossed the divide of the Civil War and became part of the fabric of American law and at how radical antebellum Democrats transformed themselves into Gilded Age conservatives.