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Acknowledgments ix
Introduction 1
Planting the Seed: Charles Sumner and John Quincy Adams 5
The Supreme Court on Private Property and War 25
Criminal Conspiracy or War? 41
The Union Applies the Law of War 61
The Law as a Weapon 71
Congress Acts and the Confederacy Responds 83
Military Necessity and Lincoln's Concept of the War 93
The Proclamation as a Weapon of War 117
The Conkling Letter 133
A Radical Recognition of Freedom 139
Appendixes
First Confiscation Act, August 6, 1861 143
Browning-Lincoln Correspondence, September 1861 145
Second Confiscation Act, July 17, 1862 157
Emancipation Proclamation, First Draft, July 22, 1862 163
Preliminary Emancipation Proclamation, September 22, 1862 165
Final Emancipation Proclamation, January 1, 1863 169
Notes 173
Index 191
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