Reviewed by: Uncivil Warriors: The Lawyers' Civil War by Peter Charles Hoffer Thomas C. Mackey (bio) Uncivil Warriors: The Lawyers' Civil War. By Peter Charles Hoffer. (New York: Oxford University Press, 2018. Pp. ix, 228. $27.95 cloth; $27.95 ebook) On September 25, 1860, lawyer and Republican presidential candidate Abraham Lincoln wrote back to John M. Brockman who had asked him about the best method to becoming a lawyer. Lincoln warned Brockman that the study of the law was "laborious, and tedious" and that he should immerse himself in the study of the legal treatises such as William Blackstone's Commentaries and Joseph Chitty's Pleadings. Lincoln then warned that "work, work, work, is the main thing." Lincoln, as the Attorney-in-Chief, as well as the nation's 101,000 lawyers lent their specialized skills to the war effort for both sides of the United States Civil War. In Uncivil Warriors: The Lawyers' Civil War, Charles Peter Hoffer identifies and interprets just how much work the nation's lawyers accomplished during the war years. The book details how individual lawyers responded to the crisis of Civil War and assessed how lawyers as a group with the situation. In the Preface, Hoffer admits his biases saying the book was about "professional counsel who plotted the course of the war from the seats of power." Thus, the work of local and regional lawyers is not assessed unless their issues rose to the national public policy level. Hoffer also admits his "pro-Union bias" as the work "focuses primarily on the Union side, because as we shall see, lawyers were a more important part of Union war planning and implementation than lawyers in the Confederacy" (p. viii). As a result, the Prologue, six chapters, the Epilogue, and the conclusion resonate with the heaviest hitters of the Union war effort together with a good faith effort made to include [End Page 607] Confederate attorneys such as Benjamin P. Judah. Through this prosopography approach, Hoffer crafts a work that "is a combination of the history of professions, political history, and legal history in the Civil War Era" (p. viii). Starting with Lincoln, Hoffer raised and assessed the contribution of a "who's who" in the Civil War legal professional. A short list of the attorneys analyzed include Roger B. Taney, Benjamin R. Curtis, Stephen Douglas, Samuel Tilden, James Buchanan, T. R. R. Cobb, Alexander Stevens, Robert Toombs, Reverdy Johnson, Francis H. Wardlaw, Jeremiah Black, Patrick Cleburne, William Whiting, Francis Lieber, Humphrey H. Leavitt, and others. Hoffer did a good service in providing future students and scholars a starting point for a more in-depth assessment of not only these high-level policy makers, but also the tertiary, local, and regional attorneys who contributed to their respective war efforts. While engaging and useful for students and general readers, Hoffer makes statements that might concern more critical readers. For example, he concedes neither Lincoln nor Douglas could have anticipated the dangers of secession, however, "They should have." (p. 20). While both men were steeped in the over-heated political rhetoric of the 1850s, they "should have" foreseen the future stretches credulity. At another point in the work assessing Lincoln's Second Inaugural Address, Hoffer argues that the sermon-like quality to that address can be explained by understanding that "Lincoln was so weary, physically, psychologically, and intellectually, that he was no longer the wily lawyer" (p. 164). Perhaps, but Lincoln's speech and his positioning himself for the up-coming issues in Reconstruction suggest that Lincoln, the lawyer, still possessed his legal savvy. Thus, Hoffer's assessment receives the Scottish verdict of "not proven." Still Uncivil Warriors suggests how much is still left to research, interpret, and assess on the home fronts, in the courtrooms, and in the seats of policy making in the era of the United States Civil War. [End Page 608] Thomas C. Mackey thomas c. mackey teaches in the history department, the Brandeis School of Law at the University of Louisville, and is at work on the limits of political dissent in wartime during the Civil War. Copyright © 2020 Kentucky Historical Society
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