The Confederacy on Trial
The Piracy and Sequestration Cases of 1861
Landmark Law Cases and American Society
Sales Date: June 6, 2005
232 Pages, 5.50 x 8.50 in
- Published: June 2005
- Published: June 2005
In the annals of Civil War history, one overarching dispute remains unsettled: was the United States waging war against another nation or putting down an internal rebellion? In October 1861 three legal battles put this question to the test. As Mark Weitz reveals, these proceedings were instrumental in debating and ultimately shaping the Confederacy’s very identity.
Weitz takes readers to courtrooms in Philadelphia and New York, where Confederate sailors caught raiding Union vessels were tried for the capital crime of piracy. Their defense argued that they were not pirates at all but privateers acting on behalf of a sovereign nation, and thus were entitled to protection under international laws governing prisoners of war and could not be executed.
Meanwhile, in South Carolina, a number of Charleston lawyers challenged the Confederacy’s Sequestration Act. This law authorized government seizure of the property of “enemy aliens”—an action viewed by Southerners as a threat to civil liberties and states’ rights by a central government that had assumed excessive powers. By attempting to preserve long-standing Southern traditions regarding private property and due process, the lawyers highlighted the conflict between the kind of nation the Confederacy wanted to become and the nation it was compelled to be in wartime.
Weitz masterfully interweaves these stories, highlighting the extraordinary tensions between legal professionalism and the public clamor for patriotism. He shows that while the Confederacy struggled to balance its commitment to civil rights and state sovereignty with the need to wage war, the United States walked an equally fine line between officially sanctioning the new Confederacy and utilizing war powers normally directed at enemy nations. Ultimately, both sides discovered that war created irreconcilable contradictions that could not be easily resolved.
The Confederacy on Trial provides an unprecedented look at the difficulty of discerning whether a conflict is a rebellion or a war between nations while it remains undecided. Addressing crucial questions regarding civil liberties, sovereignty, and national identity, the book sheds important light on the modern-day problem of waging war and balancing constitutional protections.
"Weitz has written an excellent account of the sequestration and piracy issues that significantly affected the Confederacy's pursuit of its failed rebellion."—American Historical Review
"Besides adding to the historiography of the American Civil War, [this book] also provides a new dimension to American legal history. Weitz defines the cases as legal landmarks in that they represented a developing moment in the American legal system as lawyers had to put aside patriotic feelings for professional integrity."—Journal of Southern History
"Clearly written, nicely argued, solidly researched, and well documented, this concise book would make an admirable resource in various undergraduate courses, since it so nicely develops some of the most important contradictions of the Civil War era. Highly recommended. All levels/libraries."—Choice
"The book has the added benefit of spelling out technical aspects of legal procedure in a remarkably readable way."—H-Net Reviews
“Illuminates long neglected aspects of the legal history of the Civil War.”—Harold Hyman, author of A More Perfect Union: Constitutional Impacts of the Civil War and Reconstruction
“Rescues the 1861 piracy and sequestration cases from undeserved obscurity and adds another layer to our understanding of the constitutional history of the Confederacy and the Civil War.”—Timothy S. Huebner, author of The Southern Judicial Tradition
Introduction: “It Was as If It Were Not”
1. “And the Fame of the Dane Revive Again/Ye Vikings of the South”
2. “If They Meet It Is Only to Combat”
3. “We Shall Have No Peace Forever”
4. “A Fair and Impartial Trial”
5. “Summon the Community by Sound of Trumpet”
6. “I Lay This Offering of Age on the Altar of Justice”
7. “I Cannot Insult and Ridicule the Feelings of Millions”
8. “For God’s Sake, Leave This to the Clash of Arms”
Conclusion: “Other Unlawful Combinations”