The Trials of Allegiance

The Trials of Allegiance PDF

Author: Carlton F.W. Larson

Publisher: Oxford University Press

Published: 2019-08-30

Total Pages: 320

ISBN-13: 0190932759

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The Trials of Allegiance examines the law of treason during the American Revolution: a convulsive, violent civil war in which nearly everyone could be considered a traitor, either to Great Britain or to America. Drawing from extensive archival research in Pennsylvania, one of the main centers of the revolution, Carlton Larson provides the most comprehensive analysis yet of the treason prosecutions brought by Americans against British adherents: through committees of safety, military tribunals, and ordinary criminal trials. Although popular rhetoric against traitors was pervasive in Pennsylvania, jurors consistently viewed treason defendants not as incorrigibly evil, but as fellow Americans who had made a political mistake. This book explains the repeated and violently controversial pattern of acquittals. Juries were carefully selected in ways that benefited the defendants, and jurors refused to accept the death penalty as an appropriate punishment for treason. The American Revolution, unlike many others, would not be enforced with the gallows. More broadly, Larson explores how the Revolution's treason trials shaped American national identity and perceptions of national allegiance. He concludes with the adoption of the Treason Clause of the United States Constitution, which was immediately put to use in the early 1790s in response to the Whiskey Rebellion and Fries's Rebellion. In taking a fresh look at these formative events, The Trials of Allegiance reframes how we think about treason in American history, up to and including the present.

Backcountry Democracy and the Whiskey Insurrection

Backcountry Democracy and the Whiskey Insurrection PDF

Author: Linda Myrsiades

Publisher: University of Georgia Press

Published: 2024-04-15

Total Pages: 495

ISBN-13: 0820366250

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Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges’ bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people. Myrsiades captures the agitation-propaganda efforts mounted by rebel communities and groups together with petitions and speeches in the rebel assemblies in demonstrating that popular culture offered a clear politico-legal justification within the rebel movement on the unofficial side of legal culture. Myrsiades thus presents a holistic picture of the legal culture of the rebellion. Her examination denies the common perception that the rebel movement was incoherent and chaotic and presents an alternative view that its perceptions are a necessary correlative to understanding how treason law functioned and what its critical elements were in the late-eighteenth century, serving as a lesson for democracy in the present era.