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The Trials of Allegiance: Treason, Juries, and the American Revolution

The Trials of Allegiance: Treason, Juries, and the American Revolution

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780190932749
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥410.78
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Acknowledgments
    Introduction
    1. Treason in Colonial Pennsylvania
    The Adoption of English Treason Law
    Pennsylvania's Earliest Treason Cases
    The Outbreak of War
    The Disputes with Virginia and Connecticut
    2. Resistance and Treason, 1765-1775
    Justifying Resistance
    A Jury of One's Peers
    Identifying the Real Traitors
    3. Treason Against America, 1775-1776
    The War's First Treason Charges
    The Second Round of Treason Charges
    County Committees of Safety
    Denunciation of Enemies
    The British Legal Response to the Rebels
    Independence
    4. From Independence to Invasion, 1776-1778
    The Pennsylvania Constitutional Convention and the Treason Ordinance
    The Council of Safety and the County Committees
    Enactment of a Treason Statute
    The Case of James Molesworth and the Scope of Military Jurisdiction
    The Test Act
    Re-Opening the Courts
    The Exiles to Virginia
    The Fall of Philadelphia and Military Trials
    5. The Winding Path to the Courthouse, 1778
    Prosecutions in the County Courts
    The Attainder Statute and Property Forfeitures
    Chief Justice Thomas McKean and the Re-Opening of the Pennsylvania Supreme Court
    The Special Commission for Bedford County
    The Return to Philadelphia
    Hiring Prosecutors and Court Employees
    The Chester County Treason Trials
    6. The Philadelphia Treason Trials, 1778-1779: Forming the Jury
    The Grand Jurors
    Trial Juror Selection: The Panel and Challenges
    Trial Juror Demographics
    Trial Juror Political Activity
    7. The Philadelphia Treason Trials, 1778-1779: Trial and Deliberation
    Defendant Demographics and Political Activity
    Defense Counsel
    Charges and Defenses
    Trial Witnesses
    Evidentiary Objections
    Jury Deliberations
    The Death Penalty
    8. Resentment and Betrayal, 1779-1781
    The Newspaper Debates over the Franks Trial
    The Trial of Samuel Rowland Fisher
    Fort Wilson
    Modifications to Pennsylvania's Treason Law
    The Battle Over Detentions
    Misprision of Treason Cases before the Justices of the Pennsylvania Supreme Court
    Benedict Arnold
    The Aftermath: The Executions of David Dawson and Ralph Morden
    The Berks County Tax Revolt
    The Trials of Justin McCarty and Samuel Chapman
    9. Peace, the Constitution, and Rebellion, 1781-1800
    Treason Prosecutions after Yorktown
    Treason Cases: Summary Data
    The Escaping Prisoners Cases
    The Returning Loyalists
    The Continuing Threat of Internal Dismemberment
    Treason and the United States Constitution
    The Status of State Treason Law
    The Whiskey Rebellion
    Fries's Rebellion
    Conclusion
    Appendices
    Notes
    Index

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