The Cambridge History of English and American Literature in 18 Volumes (1907–21). rn VOLUME XVII. Later National Literature, Part II.
XXI. Political Writing Since 1850§ 14. Practical Problems of Nationality
Among the practical problems in the preservation of nationality were certain measures taken to preserve unity behind the military lines, the treatment of conquered enemies and their property, and the relations between the South and the national government. States’ rights ideas were widely disseminated in the North and West and there was also much sympathy with secession. Consequently the executive authority expanded; particularly military arrests and the denial of the writ of habeas corpus were frequent. Captured Confederates were not executed as traitors, yet Confederate property was confiscated. These matters, and the kindred question of emancipation and conscription, were the subject of extensive legal and constitutional discussion, of which Whiting’s War Powers (1862 et seq.) was the most comprehensive.