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Our Secret ConstitutionHow Lincoln Redefined American Democracy$
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George P. Fletcher

Print publication date: 2003

Print ISBN-13: 9780195156287

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195156285.001.0001

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Loyalty and Betrayal

Loyalty and Betrayal

Chapter:
(p.75) Chapter 4 Loyalty and Betrayal
Source:
Our Secret Constitution
Author(s):

George P. Fletcher (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0195156285.003.0005

This chapter confronts the problem of conferring meaning on the violence of armed conflict – is it crime, or is it war? – and addresses the questions of treason and loyalty that arose during the Reconstruction as the U.S. reached for reconciliation between North and South. These oppositions are illuminated in discussions of the treatment of John Brown following his raid on Harper's Ferry; the fate of Jefferson Davis; and the problem of the Prize Cases, in which the Supreme Court determined the legality of the Southern blockade.

Keywords:   crime, John Brown, Jefferson Davis, loyalty, Prize Cases, reconciliation, Reconstruction, Supreme Court, treason, war

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