Bill Cewcil-Froman wrote:
>
> I have a student who is working on a senior research paper on the court
> martial of Col Charles R. Jennison, of "Jennison's Jayhawkers"
fame....Specifically, I'd> like suggestions for what he might look at
that deals with Civil War-era> conflicts between military and
political authorities. Not so much the> "Lincoln and His Generals"
stuff (though that might be a place to start),> but rather books and
articles that examine how local authorities dealt> with generals with
whom they had political differences. Once we leave> the rarified air
of Washington, how much civilian control was there over> the
military? >
Mark Neely covers the imposition by field and department commanders of
martial law and their operation of military commissions without
endorsement from higher authority in THE FATE OF LIBERTY: Abraham
Lincoln and Civil Liberties (Oxford Univ. 1991). So does Dean
Sprague in FREEDOM UNDER LINCOLN (Houghton Mifflin 1965). For an in-
depth case study, look at Samuel Klaus's THE MILLIGAN CASE (1929).
[Sorry, don't have it at hand to supply a publisher]. See also
Charles Fairman on the Milligan, Yerger, and McCardle cases in VI
OLIVER WENDELL HOLMES DEVISE HISTORY OF THE SUPREME COURT:
RECONSTRUCTION AND REUNION 1864-88 PART I. What higher authority
thought may be inferred from the War Department's General Order 100,
(April 24, 1863) and Fritz Lieber's Guerrilla Parties Considered
with Reference to the Laws and Usages of War, an essay in the form of
an undated letter to General Halleck. Both are conveniently
collected in Richard Shelly Hartigan's LIEBER'S CODE AND THE LAW OF
WAR (Precedent 1982). They are also collected, less conveniently, in
THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL RECORDS OF
THE UNION AND CONFEDERATE ARMIES (1880-1902) [but I can't reach that
collection to pinpoint the series and page].
John Paul Jones
School of Law
University of Richmond
Richmond, VA 23173
Jones@UofRLaw.URich.edu