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Littlefield History of the Civil War Era
With Malice toward Some: Treason and Loyalty in the Civil War Era
Few issues created greater consensus among Civil War-era northerners than the belief that the secessionists had committed treason. But as William A. Blair shows in this engaging history, the way politicians, soldiers, and civilians dealt with disloyalty varied widely. Citizens often moved more swiftly than federal agents in punishing traitors in their midst, forcing the government to rethink legal practices and definitions. Ultimately, punishment for treason extended well beyond wartime and into the framework of Reconstruction policies, including the construction of the Fourteenth Amendment. Establishing how treason was defined not just by the Lincoln administration, Congress, and the courts but also by the general public, Blair reveals the surprising implications for North and South alike.
419 pages, Hardcover
First published January 1, 2014
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Displaying 1 - 4 of 4 reviews
May 28, 2019
It is useful to remember what history looks like before it happens, so that we do not project our understanding of the past back to distort the options that were available to take at the time. We live in an age where treason accusations fly fast and loose and where there is some significant disagreement about the way the country is headed and how it should head and who should be in charge of it, but at least we have not yet had civil conflict of the kind that we saw in the Civil War. There are a lot of ways that loyalty and treason could have been treated during the course of the Civil War, and the author does a good job in untangling the different ways in which treason was viewed and defined during this period and how it was that mercy and reconciliation ended up winning out despite the fact that it could have gone very differently--and some might even argue at present that it should have gone much harsher for those who rebelled against the United States and did not recognize Lincoln's election and the shift towards power in the North until it was too late to avoid a far worse tragedy.
In about 300 pages the author discusses his twin themes of treason and loyalty, beginning with an introduction and then discussing treason as it was viewed in the United States before the Civil War (1), and then questioned the definition of treason and whether it was expressed or implied (2) in various activities. The author discusses the Civil War as it related to the three branches of American government and the importance of the legal climate of the Atlantic world in helping to influence American practice (3) as well as the confusion and difficulties that resulted from the provost marshals and their ambiguous place (4). The author discusses the occupied south and the issues in behavior that made things difficult for all parties (5), discusses the role of the military in politics at the beginning of the war, especially in the border states (6), and the question of free elections in 1864 (7). The author discusses the complex politics of mercy after Appomattox that led to the proliferation of statues and praise for former rebels and traitors (8) while concluding with the questions of black suffrage (as well as suffrage for former rebels) and the problem of debt and the limits to which rebels could be punished in the aftermath of the Civil War (9) before the author concludes with a discussion of what ended up happening. There are also appendices included about the courts-martial records for treason (A) and disloyalty (B) during the time of the Civil War and the notices of political arrests in newspapers (C), along with notes, works cited, acknowledgements, and an index.
There are at least a few aspects of this book that will likely be quite intriguing to readers. For one, the government really leaned hard on ministers to promote a pro-government viewpoint, or at least to offer up prayers for the government. For another, a great deal of importance rested on the people on the spot in a given place in the occupied south or in the border states, since Lincoln was not focused on creating policies regarding rebels in such a way that prevented local action. The government was just not capable, then or no, of being monolithic given the way that people throughout the limited bureaucracy of the government and police order would behave in such times. For some readers, the fact that indictments for treason were made against Davis, Lee and other rebel civil and military authorities will be a surprise, but even those readers who already know and have read about such things will find much to ponder here about the complexities of loyalty in the Civil War era and how it played out for those who wanted to see loyal blacks rewarded even if it meant being merciful to unreconstructed rebels.
In about 300 pages the author discusses his twin themes of treason and loyalty, beginning with an introduction and then discussing treason as it was viewed in the United States before the Civil War (1), and then questioned the definition of treason and whether it was expressed or implied (2) in various activities. The author discusses the Civil War as it related to the three branches of American government and the importance of the legal climate of the Atlantic world in helping to influence American practice (3) as well as the confusion and difficulties that resulted from the provost marshals and their ambiguous place (4). The author discusses the occupied south and the issues in behavior that made things difficult for all parties (5), discusses the role of the military in politics at the beginning of the war, especially in the border states (6), and the question of free elections in 1864 (7). The author discusses the complex politics of mercy after Appomattox that led to the proliferation of statues and praise for former rebels and traitors (8) while concluding with the questions of black suffrage (as well as suffrage for former rebels) and the problem of debt and the limits to which rebels could be punished in the aftermath of the Civil War (9) before the author concludes with a discussion of what ended up happening. There are also appendices included about the courts-martial records for treason (A) and disloyalty (B) during the time of the Civil War and the notices of political arrests in newspapers (C), along with notes, works cited, acknowledgements, and an index.
There are at least a few aspects of this book that will likely be quite intriguing to readers. For one, the government really leaned hard on ministers to promote a pro-government viewpoint, or at least to offer up prayers for the government. For another, a great deal of importance rested on the people on the spot in a given place in the occupied south or in the border states, since Lincoln was not focused on creating policies regarding rebels in such a way that prevented local action. The government was just not capable, then or no, of being monolithic given the way that people throughout the limited bureaucracy of the government and police order would behave in such times. For some readers, the fact that indictments for treason were made against Davis, Lee and other rebel civil and military authorities will be a surprise, but even those readers who already know and have read about such things will find much to ponder here about the complexities of loyalty in the Civil War era and how it played out for those who wanted to see loyal blacks rewarded even if it meant being merciful to unreconstructed rebels.
March 18, 2018
reads at some points like a whodunnit, at others like a spy novel
February 20, 2021
Even handed, fair, balanced. Better than most depictions of Lincoln's admin which either ignore the truth or whitewash it
July 19, 2014
While a stream of books are released about the militaristic nature of the Civil War, there are only a handful which deal with the nature of politics in comparison. Those books on politics rarely deal with the subject of treason but now there is an explanation of the term and how it was used during the great conflict. William A. Blair’s With Malice Toward Some deals with the issue of treason and loyalties in the war and the difficulties which it presented. This book is not only a great reference for any Civil War Historian to have on their shelf, but it is a great explanation for those who have been confused about the legal status of treason and the ways in which it was combated during the Civil War.
William A. Blair is a professor of Liberal Arts Research on U.S. History at Pennsylvania State University. He is also the director of the Richards Civil War Era Center and is an editor for the Journal of the Civil War Era which is also published by the University of North Carolina Press. With Malice Toward Some is part of the Littlefield History of the Civil War Era, a sixteen volume series which offers a comprehensive narrative of this era in United States History.
For many who read about the American Civil War, the word treason is thrown around politically quite a bit, but the realization of the effects of the word are different in their meanings than just throwing someone in prison for their treasonous acts. Blair does an excellent job defining for the reader about the many types of treason in a flowing narrative which is quite easy to read. At some points, the reader may feel as though they are reading a law textbook. This should not stop anyone from reading this book, however, since it is one of the advantages of the work. In order to understand about the types of treason, legislative and judicial law must be explained. This type of detail to aid readers is why this book shines as a work on the political front of the Civil War. But beyond treason, he talks about loyalty from both the Union and Confederate side. The constant issues of compliance with the Loyalty Oaths made by certain members of Southern society were not complied with because less than ten percent of the state had not yet given the oath. Taking the Loyalty Oath also opened up the avenue for public ridicule and the status of a social pariah. Blair also spends a chapter on explaining the use and problems with the Provost Marshalls which has been a constant state of debate over the years since the war ended. In a narrative which felt like “who will police the police,” Blair realizes the danger which ensued over the military promoted citizens who felt above the law during the state of war. Blair also deals with politics in the military before 1863 when the Laws of War went into effect, written by Francis Lieber, a German who fled his country because of dangerous political change. The 1863 Laws of War changed many of the issues going on in the army at the time, though the officers and soldiers did not care for them immediately, found solace in their statements as the war went on. Blair concludes this massive undertaking with excellent appendices giving the reader a database of all Court-Martials for treason, disloyalty and Political Arrests Reported in the Newspapers. After reading some examples of treason which I remembered from my studies, I found myself constantly reading the appendices in attempts to see if that person was listed. Overall, after reading this book, there is a better understanding of the word treason and the fine lines which had to be walked before an arrest was made. One such example comes in maritime law dealing with the issues of Privateers. When the Confederacy hired privateers, the men pirating were doing so under the contract of the Confederacy. If the United States tried them, it would be an admittance that the men were under contract from another country therefore recognizing the Confederacy as a nation. It was a fascinating bit of information unknown to most Civil War readers.
I highly recommend this book to any Civil War reader who wishes to know more about the political spectrum of the Civil War. Not only was the narrative quite flowing and easy to read, but the information in the work is unmatched on the subject of treason and loyalty. The wealth of information in the book is so massive that it deserves to be on the bookshelf of any Civil War historian. With Malice Toward Some clarifies many of the issues within Civil War texts concerning arrests and issues of treason and loyalty all around the great conflict.
Matthew Bartlett - Gettysburg Chronicle
William A. Blair is a professor of Liberal Arts Research on U.S. History at Pennsylvania State University. He is also the director of the Richards Civil War Era Center and is an editor for the Journal of the Civil War Era which is also published by the University of North Carolina Press. With Malice Toward Some is part of the Littlefield History of the Civil War Era, a sixteen volume series which offers a comprehensive narrative of this era in United States History.
For many who read about the American Civil War, the word treason is thrown around politically quite a bit, but the realization of the effects of the word are different in their meanings than just throwing someone in prison for their treasonous acts. Blair does an excellent job defining for the reader about the many types of treason in a flowing narrative which is quite easy to read. At some points, the reader may feel as though they are reading a law textbook. This should not stop anyone from reading this book, however, since it is one of the advantages of the work. In order to understand about the types of treason, legislative and judicial law must be explained. This type of detail to aid readers is why this book shines as a work on the political front of the Civil War. But beyond treason, he talks about loyalty from both the Union and Confederate side. The constant issues of compliance with the Loyalty Oaths made by certain members of Southern society were not complied with because less than ten percent of the state had not yet given the oath. Taking the Loyalty Oath also opened up the avenue for public ridicule and the status of a social pariah. Blair also spends a chapter on explaining the use and problems with the Provost Marshalls which has been a constant state of debate over the years since the war ended. In a narrative which felt like “who will police the police,” Blair realizes the danger which ensued over the military promoted citizens who felt above the law during the state of war. Blair also deals with politics in the military before 1863 when the Laws of War went into effect, written by Francis Lieber, a German who fled his country because of dangerous political change. The 1863 Laws of War changed many of the issues going on in the army at the time, though the officers and soldiers did not care for them immediately, found solace in their statements as the war went on. Blair concludes this massive undertaking with excellent appendices giving the reader a database of all Court-Martials for treason, disloyalty and Political Arrests Reported in the Newspapers. After reading some examples of treason which I remembered from my studies, I found myself constantly reading the appendices in attempts to see if that person was listed. Overall, after reading this book, there is a better understanding of the word treason and the fine lines which had to be walked before an arrest was made. One such example comes in maritime law dealing with the issues of Privateers. When the Confederacy hired privateers, the men pirating were doing so under the contract of the Confederacy. If the United States tried them, it would be an admittance that the men were under contract from another country therefore recognizing the Confederacy as a nation. It was a fascinating bit of information unknown to most Civil War readers.
I highly recommend this book to any Civil War reader who wishes to know more about the political spectrum of the Civil War. Not only was the narrative quite flowing and easy to read, but the information in the work is unmatched on the subject of treason and loyalty. The wealth of information in the book is so massive that it deserves to be on the bookshelf of any Civil War historian. With Malice Toward Some clarifies many of the issues within Civil War texts concerning arrests and issues of treason and loyalty all around the great conflict.
Matthew Bartlett - Gettysburg Chronicle
Displaying 1 - 4 of 4 reviews