The Southwestern Historical Quarterly, Volume 45, July 1941 - April, 1942 Page: 310
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Southwestern Historical Quarterly
federate system. They are given fairly full treatment here
although, as already indicated, some gaps in the records are
apparent. A separate chapter is allotted to the two district
courts of Georgia, for which the records are very nearly com-
plete. The work of these Georgia courts may be regarded as
typical. The material on the territorial courts of Arizona and
the Indian Territory is new, even if not exciting; that in the
two chapters on "Courts-Martial and Military Courts" and on
"Martial Law and the Suspension of the Writ of Habeas Cor-
pus," though not new, is difficult of access and is now brought
together and clarified.
Perhaps the most interesting section of the book is that which
traces the controversy over the establishment of a Supreme
Court for the Confederate States. The temporary plan of the
Provisional Constitution proved impracticable and was never
put into effect. In the spring of 1862 bills to organize the Court
appeared in each House of Congress, but were indefinitely post-
poned or died in committee. Another, introduced in the Senate
in January, 1863, by Benjamin H. Hill of Georgia, was attacked
by a group of state rights men headed by W. L. Yancey of
Alabama who proposed to deprive the Court of all appellate
jurisdiction over cases in state courts. After the Yancey group
succeeded in eliminating this appellate jurisdiction they allowed
the bill to pass the Senate. In the House it was championed in
its original form by young A. H. Garland of Arkansas (des-
tined to become Attorney General of the United States) in a
powerful argument. Nevertheless, the bill was killed by post-
ponement. This is the first adequate account of this controversy.
Colonel Robinson has added interest to his narrative by includ-
ing the most pertinent portions of the speeches of Yancey and
Garland. He found the original manuscript of Garland's speech
in the "Confederate Archives" in Washington.
An appendix contains a list of sources and groups of specimen
documents. In addition to the general index there is also one
of courts and cases. The nature of the subject matter makes
this volume rather heavy reading, but the style is clear and it
occasionally sparkles with a sharp comment or an amusing
characterization. The few errors of fact noted are too trivial
to be mentioned.
CHARLES W. RAMSDELL.
The University of Texas.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 45, July 1941 - April, 1942, periodical, 1942; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146053/m1/344/: accessed December 15, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.