Liberty in the Shadow Constitution

2017 ◽  
Author(s):  
Amanda L. Tyler
Keyword(s):  
Civil War ◽  
Habeas Corpus ◽  
Legal Tradition ◽  
The South ◽  
Criminal Process ◽  
The North

As explored in this chapter, the Confederate experience provides further evidence that English legal tradition heavily influenced the understanding of the constitutional privilege and suspension that controlled during the Civil War period. Just as in the North, the South viewed suspension as a necessary predicate to detaining persons outside the criminal process. Further, in keeping with the ratification debates and the decisions of the Marshall and Taney Courts, the Confederacy recognized the English Habeas Corpus Act as the foundation of the American constitutional privilege. Likewise, the dominant view in the Confederacy did not view suspension as justification for military trials of civilians. The South did, however, disagree over which branch of government possesses the power to suspend. Throughout the war, Confederate president Jefferson Davis never once questioned that the power resided solely in the Confederate Congress.

Reconstructing the Union and Suspending in the Name of Civil Rights

2017 ◽  
Author(s):  
Amanda L. Tyler
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Preventive Detention ◽  
Military Officers ◽  
Habeas Corpus ◽  
Legal Tradition ◽  
Criminal Process ◽  
Anglo American ◽  
Reconstruction Period ◽  
The U.S

As is explored in this chapter, resistance in the South to the post-Civil War Reconstruction Amendments to the U.S. Constitution led the victorious Union general-turned-president Ulysses S. Grant to request a suspension from his Congress in order to infiltrate the Ku Klux Klan and combat Klan violence. Studying the Reconstruction period reveals that the understanding of the constitutional privilege and suspension remained consistent with Anglo-American legal tradition. In carrying out the suspension on the ground, military officers employed their expanded powers to engage in preventive detention of Klan members and to advance the new civil rights constitutionalized in the Reconstruction Amendments, while recognizing that with the lapsing of suspension, further detention could only be justified through the criminal process. Throughout, the Reconstruction period underscores the continuing influence of the English Habeas Corpus Act on American constitutional habeas jurisprudence. Notably, however, the Reconstruction period tells a very different narrative about the ends to which the suspension power may be wielded—namely, the advancement of civil rights.

scholarly journals A República e a Monarquia em confronto: a Guerra Civil portuguesa na raia galega (1911- 1912) = The Republic and the Monarchy in confrontation: the Portuguese Civil War on the Galician border (1911-1912)

2019 ◽  
Vol 30 ◽  
pp. 97
Author(s):  
Luís Miguel Moreira
Keyword(s):  
Civil War ◽  
The South ◽  
The North ◽  
Geographical Perspective ◽  
The Republic ◽  
Sobre Todo

Resumen: La progresiva radicalización ideológica del régimen republicano, instaurado en Portugal en octubre de 1910, provocó una oposición conservadora y monárquica que se organizó en el exilio, sobre todo en el sur de Galicia. Entre octubre de 1911 y junio de 1912, estacionados en varios pueblos y villas gallegas en la raya con Portugal, los monárquicos hicieron dos incursiones en territorio portugués —el primero en Vinhais y el segundo en Chaves— con el fin de fomentar la rebelión contra régimen instaurado. Sin embargo, las tropas republicanas, más numerosas y mejor equipadas, vencieron todos los combates. En la época, este episodio de guerra civil mereció amplia cobertura periodística, particularmente por la prensa afecta al régimen republicano. Los mapas y las fotografías de la frontera fueron ampliamente utilizados para localizar e ilustrar los acontecimientos. En este texto, pretendemos reconstituir estos movimientos, proponiendo una lectura geográfico-histórica de la raya luso-gallega, en el contexto de este episodio.Palabras clave: República portuguesa, incursiones monárquicas, raya galaico-portuguesa, cartografía propaganda.Abstract: The ideological radicalisation of the republican regime, established in Portugal in October 1910, gave rise to the forming of a conservative and monarchical opposition in exile, in the south of the Spanish historic region of Galicia. Between October 1911 and June 1912, from several Galician villages not far from the Portuguese border, the monarchists made two incursions into the north of the country - the first to Vinhais and the second to Chaves - with the aim of fuelling popular uprisings and a military rebellion against the new regime. However, the Republican troops, more numerous and better equipped, won all the battles. At the time, this episode of civil war received extensive journalistic coverage particularly from the newspapers close to the republican regime. Maps and photographs of the border were widely used to locate and illustrate the events. From the historic-geographical perspective of the Portuguese-Galician border, this paper reconstitutes these movements in the broader historical context.Key words: Portuguese Republic, monarchical incursions, Portuguese-Galician border, propaganda maps.

Civilians’ Dreams

2017 ◽  
Author(s):  
Jonathan W. White
Keyword(s):  
Civil War ◽  
Home Front ◽  
The South ◽  
Difficult Situation ◽  
Men And Women ◽  
Border States ◽  
The North

Men and women on the home front experienced a wide array of dreams during the Civil War. Women in the South and Border States often dreamed of Yankee soldiers invading their homes, while women in the North dreamed of going to battle to fight. Anxiety also often manifested itself in women’s dreams, as they worried about their husbands who were far away at war. These dreams placed wives in a difficult situation. They wanted to seek comfort by sharing their bad dreams with their husbands, but they did not want to discourage or demoralize their menfolk in the army.

Afghanistan

2019 ◽  
pp. 95-106
Author(s):  
Anthony Roberts
Keyword(s):  
Civil War ◽  
Everyday Life ◽  
Fourth Century ◽  
Concerted Effort ◽  
The South ◽  
The West ◽  
The North ◽  
Central Highlands ◽  
Soviet Invasion ◽  
The Church

With Turkic and Tajik peoples to the north, Tajiks and Pashtuns in the west, ethnic Hazaras in the central highlands and the Pashtuns to the south and east, Afghanistan’s diversity stems from its history as a regional crossroads. Christianity began in Afghanistan in the fourth century and was later revived by missionaries in the frontier areas, but there was little concerted effort to spread the faith until after 1945, when the Pashtun monarchy sought to modernise Afghanistan. However, the Soviet invasion prompted fighters to repel the forces under the banner of Islam. Amidst a civil war, Christian NGO’s continued until expelled by the Taliban in 2001. The new government allowed Christian NGO’s to expand into new areas of the country. For the sake of believers’ security the most visible fellowships have been limited to foreigners. Most find it difficult to sustain everyday life in the country while openly professing Christianity due to ostracism from society. While Islam has been linked with Afghan identity, worldview has begun to change. Unfortunately, there has been an exodus of Afghan believers, usually after social and legal ostracism. Nevertheless, due to sacrifices by Afghan believers, the church is growing in numbers despite all the challenges.

Relative prosperity will prolong Libya's civil war

2016 ◽  
Keyword(s):  
Civil War ◽  
The Other ◽  
Armed Groups ◽  
The South ◽  
Content Type ◽  
The North ◽  
The Impact ◽  
Local Dominance

Significance His comments are optimistic. The other two rival administrations that are based in Libya have resisted efforts to form a unified government, while armed groups (some associated with the administrations, others independent) compete for local dominance. As a result, intermittent escalations in fighting and sporadic attacks by fringe militias continue to occur in parts of the country. Concern has grown about the impact on civilians. Impacts Bombings and outbreaks of intense fighting will remain a risk in key contested locations in the north. Clashes between militias will recur sporadically in the south. The number of migrants working in Libya and seeking to travel to Europe may increase again.

scholarly journals "Insufferably Stupid or Miserably Out of Place": F. A. P. Barnard and His Scientific Instrument Collection in the Antebellum South

2009 ◽  
Vol 39 (4) ◽  
pp. 418-443 ◽  
Author(s):  
Stephen Case
Keyword(s):  
Civil War ◽  
The United States ◽  
Scientific Instrument ◽  
Antebellum South ◽  
University Of Mississippi ◽  
The South ◽  
The North ◽  
History Of ◽  
The University ◽  
Practice Of Science

In the 1850s, the American scientist and educator Frederick A. P. Barnard created a collection of scientific apparatus at the University of Mississippi in Oxford, Mississippi, of a size and expense that surpassed any collection in the United States at that time. The collection, which would come to include over three hundred instruments of both American and European manufacture, was the attempt by Barnard, born and educated in the North, to bring Big Science to the South and challenge the dominance of Northern schools in science education. In this respect it failed, and the collection became a forgotten footnote in the history of Southern science. This article examines the importance of the collection in understanding science at U.S. universities before the Civil War and what Barnard referred to as the "scientific atmosphere" of the South. The first section compares the collection to others of the period, highlighting its historical uniqueness and significance. The second section uses Barnard's correspondence to construct a narrative of the collection's assembly, providing insight into the international scientific instrument market of the period as well as the difficulties he faced working in the antebellum South. Finally, an examination of Barnard's perceptions regarding intellectual isolation and the failure of his endeavor highlights differences perceived by scientists of the day concerning the practice of science in the North versus in the South prior to the Civil War.

scholarly journals Management of Jaw Injuries in the American Civil War: The Diuturnity of Bean in the South, Gunning in the North

2011 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Richard A. Pollock
Keyword(s):  
United States ◽  
Civil War ◽  
Standard Of Care ◽  
Early Experience ◽  
American Civil War ◽  
The South ◽  
The North ◽  
Short Course ◽  
Jaw Fractures

James Baxter Bean published a series of articles in the Southern Dental Examiner in 1862 describing his work with “plaster and its manipulations.” This early experience included a new way of managing jaw fractures, with customized splints uniquely based on pretraumatic occlusion. Bean's oral splints and their method of construction, using an articulator, became the standard of care in the Atlanta region during the American Civil War and, by 1864, throughout The Confederacy. In short course, Bean's approach also swept The Union, following in large part the efforts of a colleague in the North, T.B. Gunning. Thus, what began in the early 1860s in a dental laboratory in the southeast swept the continental United States and revolutionized management of jaw-fractures during, and immediately after, the American Civil War.

The Civil War in American Economic History

2018 ◽  
pp. 370-390 ◽  
Author(s):  
Roger Ransom
Keyword(s):  
Twentieth Century ◽  
Civil War ◽  
American Revolution ◽  
Economic Burden ◽  
Economic History ◽  
Economic Costs ◽  
The South ◽  
The North ◽  
Insurmountable Obstacle ◽  
American Economy

This chapter examines the following questions: How did the institution of slavery pose an insurmountable obstacle to sectional compromise? What were the “economic costs” of the war to the North and the South? How did the emancipation of four million slaves impact the American economy? What was the economic legacy of the war? The chapter argues that the war was indeed what Charles and Mary Beard termed a “Second American Revolution.” The presence of the “slave power” defeated all efforts at compromise. The wartime expenditures and loss of 750,000 men placed an economic burden that lasted into the twentieth century. Emancipation and passage of the Thirteenth Amendment in 1865 were the enduring accomplishments of the war.

British Sympathy for the South during the American Civil War and Reconstruction

2017 ◽  
Vol 97 (2) ◽  
pp. 195-219
Author(s):  
Michael J. Turner
Keyword(s):  
Civil War ◽  
American Civil War ◽  
The South ◽  
Religious Conviction ◽  
Religious Dimension ◽  
The North ◽  
Political Interests ◽  
Cultural Affinity ◽  
American Union ◽  
The Church

This article focuses on some of the religious factors that shaped the pro-Southern lobby in Britain during the American Civil War and Reconstruction. British opinion cannot be explained only in terms of class and party. In exploring other determinants, the ideas and activities of wealthy High Churchman and Conservative politician Beresford Hope offer promising avenues of inquiry, for Hope saw in the American Union, and Southern secession, a religious dimension, represented most clearly in the Episcopal Church. To the more familiar (to historians) reasons why the South gained support in Britain—relating to economic and political interests—Hope added a deeper commitment arising from a sense of cultural affinity (the “Englishness” of the South) and from religious conviction (to him the Church, and indeed Christianity, seemed stronger in the South than in the North). This indicates a belief that Britain and the South were bound together by common Christian civilization.

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