Books by "William W. Freehling"
3 books found
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
In this carefully researched book William J. Cooper gives us a fresh perspective on the period between Abraham Lincoln’s election in November 1860 and the firing on Fort Sumter in April 1861, during which all efforts to avoid or impede secession and prevent war failed. Here is the story of the men whose decisions and actions during the crisis of the Union resulted in the outbreak of the Civil War. Sectional compromise had been critical in the history of the country, from the Constitutional Convention of 1787 through to 1860, and was a hallmark of the nation. On several volatile occasions political leaders had crafted solutions to the vexing problems dividing North and South. During the postelection crisis many Americans assumed that once again a political compromise would settle yet another dispute. Instead, in those crucial months leading up to the clash at Fort Sumter, that tradition of compromise broke down and a rapid succession of events led to the great cataclysm in American history, the Civil War. All Americans did not view this crisis from the same perspective. Strutting southern fire-eaters designed to break up the Union. Some Republicans, crowing over their electoral triumph, evinced little concern about the threatened dismemberment of the country. Still others—northerners and southerners, antislave and proslave alike—strove to find an equitable settlement that would maintain the Union whole. Cooper captures the sense of contingency, showing Americans in these months as not knowing where decisions would lead, how events would unfold. The people who populate these pages could not foresee what war, if it came, would mean, much less predict its outcome. We Have the War Upon Us helps us understand what the major actors said and did: the Republican party, the Democratic party, southern secessionists, southern Unionists; why the pro-compromise forces lost; and why the American tradition of sectional compromise failed. It reveals how the major actors perceived what was happening and the reasons they gave for their actions: Lincoln and Jefferson Davis, Stephen A. Douglas, William Henry Seward, John J. Crittenden, Charles Francis Adams, John Tyler, James Buchanan, and a host of others. William J. Cooper has written a full account of the North and the South, Republicans and Democrats, sectional radicals and sectional conservatives that deepens our insight into what is still one of the most controversial periods in American history.
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.