from Part II - The Judiciary at War, 1812–1816
Published online by Cambridge University Press: 28 August 2025
In 1812, the courts were again thrust into the center of international conflict. Decades of resentment over British domination prompted the United States to embark upon what many Americans thought of as the nation’s “second war for independence.” It was one the United States was unprepared to fight. Longstanding distrust of permanent military establishments left the nation unable to counter British armed might, especially on the water. Privateers were a potential solution, but Congress and the Madison administration were unequal to the task of regulating the United States’ private navy. Responsibility fell to the judiciary, even though Jeffersonians had spent the previous decade attacking the courts for their supposed undermining of republican principles. As the revolutionary generation had learned, judicial enforcement of the laws of maritime war was critical to maintaining the nation’s international credibility. And the courts’ disposition of ships and goods captured by American privateers kept the nation’s war machine running. By marrying government authority to private enterprise, judges made it possible for the United States to reassert its standing as a sovereign and independent nation.
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