Lieber’s Puzzling Code of War

Nearly two years into the war, Lincoln’s government announced “General Orders No. 100,” the rules under his armies would conduct their operations. Selected to write the code was Prussian emigre Francis Lieber, a fervent nationalist in Prussia who fled his country while under police investigation in 1825 for plotting to overthrow the government.  After short residence in England, he was recruited to teach at Columbia University, and in the United States “directed the ardent nationalistic emotion with which he had regarded Germany.” Lieber believed he left behind the “bureaucratic ministries and police spies,” though his new employer relied on these as well.

Lieber’s Puzzling Code of War

“But there is a puzzling side to this document that has gone largely unnoticed by historians and legal scholars. Why was it allowed to be created and adopted? One could argue that the process by which Lieber’s code of war came into being contradicted constitutional principles and the established practices of the United States.

The Constitution states that the power to declare war and, even more pertinently, to “make rules for the government and regulation of the land and naval forces” belongs with the Congress. When the [United States] created the Articles of War in 1806, it did so through congressional legislation, not executive fiat. With General Orders No. 100, the executive branch took a bolder step than many have realized, by assuming the right to determine the parameters of war making, especially the meaning of “military necessity,” without these policies originating with Congress.

As the compilation of military law and usages made its way through the bureaucracy, Lieber understood that at least a few paragraphs might benefit from “the assistance of Congress,” but added that it “is now too late.”

[Some] sections gave the executive and his generals broad powers. The instructions allowed for the bombardment of civilians feeling a siege back into towns so their suffering could force surrender more quickly; and for taking most of the property from an enemy based on military necessity.”

(With Malice Toward Some: Treason and Loyalty in the Civil War Era, William A. Blair, UNC Press, 2014, excerpt. pp. 93-94)

Mar 11, 2021 - Carnage, Patriotism, Southern Heroism, Southern Patriots    Comments Off on Mr. Murphy’s Boy

Mr. Murphy’s Boy

Battery Buchanan, named for Admiral Franklin Buchanan, CSN, is located about one mile south of Fort Fisher and provided a citadel for the fort’s garrison in case of being overwhelmed by enemy forces.  The fort finally fell in mid-January 1865. The following was an incident told in Capt. Claudius B. Denson’s “Memorial Address on General Whiting,” delivered in Raleigh on Memorial Day, 1895. It was written to Capt. Denson by Sergeant Glennan.

Denson was a Virginian who in 1858 founded the first military school in North Carolina, located at Faison in Duplin County and known as the Franklin Military Institute. With the approach of war in 1861, the cadets were among the first to offer their services to the Governor.

Mr. Murphy’s Boy

“During the bombardment of Fort Fisher, there was at headquarters a detail of couriers, consisting of youths fifteen to eighteen years of age – the bravest boys I had ever seen; their courage was magnificent.

They were on the go all the time, carrying orders and messages to every part of the fort.  Among them was a boy named Murphy, a delicate stripling. He was from Duplin County, the son of Mr. Patrick Murphy. He had been called upon a number of times to carry orders, and had just returned from one of his trips to Battery Buchanan.

The [enemy] bombardment had been terrific, and he seemed exhausted and agitated. After reporting, he said ‘Sergeant, I have no fear personally; morally, I have, because I not think I am the Christian I ought to be. This is my only fear of death.”

And then he was called to carry another order. He slightly wavered and General [W.H.C.] Whiting saw his emotion. ‘Come on, my boy,’ he said, ‘don’t fear, I will go with you,’ and he went off with the courier and accompanied him to and from the point where he had to deliver the order. It was one of the most dangerous positions and over almost unprotected ground.

The boy and the general returned safely. There was no agitation after that, and that evening he shouldered his gun when every man was ordered on duty to protect the fort from [an enemy charge]. The boy met death soon after and his spirit wafted onward to a heavenly home. The General received his mortal wound in the same contest, in the thickest of the fight.

I tried to find the remains of my boy friend, but in vain. He rests in a nameless grave, but his memory will ever be treasured.”

(Chronicles of the Cape Fear River, 1660-1916, James Sprunt, Edwards & Broughton Printing Company, 1916, excerpt pp. 274-275)

Un-Christian Hell-Hounds in Georgia

The path of Sherman’s army across Georgia was strewn with “outrages and barbarities of the most repulsive nature” wrote Southern newspapers, with the Macon Telegraph claiming that “Southern women had been overpowered by the “lustful appetites of the hell-hounds.” The “cesspools of Northern infamy and corruption” had been dredged, it said, “in order to collect the infamous spawn of perdition sent out to despoil our country.” Sherman, by the acts of hiss men, had earned “the fame of the ravisher, the incendiary and the thief.” His men did not draw a color line as black “comfort women” followed his army.

Un-Christian Hell-Hounds in Georgia

“[Sherman’s] army continued to support its burden of Negro followers . . . despite Sherman’s admonitions. Altogether, about twenty-five thousand – four Negroes for every ten soldiers – tagged along, but about three fourths of them became disillusioned by their new “freedom” and, after a few days of starting out, began the weary trek back to their home places. When Sherman and his men came within sight of the coast, the horde had dwindled to sixty-eight hundred.

[They] were fascinated by the guns and volunteered to “tote” them for the men. In camp they looked after the pots and pans and helped out with the cooking. At night they entertained their “liberators” with their plaintive plantation melodies. And the good-looking women peddled sex.

Sherman naturally was reluctant to take on these added appetites to be satisfied. And he had a strong personal dislike for colored people. (Damn the n****r! he once exploded.)

A large number of Negroes lost their lives in a few minutes of horror and hysteria at Ebeneezer Creek. Upon approaching the creek, General Jeff Davis of the XIV Corps . . . ordered the [bridge] pontoons taken up, leaving the Negroes on the west bank. In desperation, the Negroes attempted a mass crossing. Even the few who could swim had great trouble making it . . . many were drowned.

[When] the Christian Commission asked Sherman to allow its agents – distributing literature and conducting religious services – to carry on their work among the troops, he shot back, “Certainly not . . . Crackers and oats are more necessary for the army than any moral and religious agency, and every regiment has its chaplain.”

(Those 163 Days: A Southern Account of Sherman’s March from Atlanta to Raleigh, John M. Gibson, Bramhall House, 1961, excerpts pp. 73-75)

 

Mar 6, 2021 - Antebellum Realities, Emancipation, Historical Accuracy, Indians and the West    Comments Off on Seminole Slave Property

Seminole Slave Property

In addition to the Seminole tribe, the Cherokee, Chickasaw and Creeks all held slaves prior to the arrival of Europeans, acquiring African slaves from the latter. The tribes were often brutal toward their slaves, established their own “black codes” and lived in segregated villages.

Though African slaves were emancipated in the postwar South, the sovereign status of the tribes exempted them from US legislation. A treaty of 1866 freed the black slaves of Indians.

Seminole Slave Property

“During our war with the Seminoles in Florida, in 1837 and 1838, a large number of those Indians were emigrated west of the Mississippi river. They carried with them a “considerable number of Negroes, who had been claimed and lawfully held as slaves by Indians of the tribe,” the attorney-general for the United States tells us.  At its expense, the government moved both the Indians and their “property of great intrinsic value,” and settled the tribe in the Western Territory.

There the Negroes continued “in the possession and service of their Indian masters” until 1846. A large number then went into the Federal fort pursuant to an offer of qualified freedom made by an officer in command of Federal troops. In June 1848 J.Y. Mason, former attorney-general and then attorney-general ad interim, having consideration of this case and the case of slaves captured in that [Seminole] war both by our troops and by Indians acting as our allies, said:

“The legal principles applicable to the subject appear to me to be free from difficulty. Regarded as persons, the Negro slaves had no power to contract, and therefore could not enter into any treaty or convention. Regarded as property when captured, they were to be treated as any other moveable property captured from an enemy in a land war . . .”

He then pointed out that our government had restored all captured slaves to their former masters where their “status ante bellum” was established. And in the case of the others he held that they must be returned to their former masters, saying, “I do not perceive on what principles you can interfere or deprive the Seminoles of their property, to give to their slaves any qualified freedom.”

Again in 1855 Negro slave property belonging to Indians outside of the municipal regulations of any State, was recognized and protected by the Federal Government. Look into the adjudications in any of the Northern States and there we find that the slave was property no matter where found, and that the rules of litigation concerning property interests in him differed in no respect from those applied to any other property.”

(The Legal & Historical Status of the Dred Scott Decision, Elbert William R. Ewing, Cobden Publishing Company, 1909, excerpts pp. 176-177; 180)

Mar 6, 2021 - Prescient Warnings, Southern Statesmen, Southern Unionists    Comments Off on Washington’s Warning on Foreign Influence

Washington’s Warning on Foreign Influence

Washington’s Warning on Foreign Influence

“Against the insidious wiles of foreign influence (I conjure you to believe me, fellow citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful woes of republican government.

But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it.  Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other.

Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people, to surrender their influence.

The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfectly good faith. Here let us stop.

In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent us from running the course which has hitherto marked the destiny of nations . . . that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the postures of pretended patriotism . . .”

(The Speeches, Addresses and Messages of the Several Presidents of the United States, Robert DeSilver, editor, Thomas Town Printer, 1825, excerpts pp. 1110-112)

War for Economic Greatness

Author Philip Leigh below writes that in late March 1860 as Lincoln wrestled with the question of whether to abandon Fort Sumter and preserve peace, or commit to war, he was visited by a group of New York merchants. Their desire for profits prevailed as it was “better to pay for armed conflict now than suffer prolonged economic disaster in a losing trade war.”

War for Mercantile Greatness

“[A] low tariff Southern Confederacy was an economic threat to a truncated Federal Union, particularly considering the North’s growing expectations for economic hegemony as the South lost influence in the Government. About a month before Fort Sumter surrendered, the Boston Transcript concluded on March 18, 1861 that the South did not seceded to protect slavery, but to become the North’s economic competitor:

“Alleged grievances in regard to slavery were originally the causes for the separation of the cotton States, but the mask has been thrown off, and it is apparent that the people of the seceding States are now for commercial independence . . . the merchants of New Orleans, Charleston and Savannah are possessed with the idea that New York, Boston and Philadelphia may be shorn . . . of their mercantile greatness by a revenue system verging upon free trade. If the Southern Confederation is allowed to carry out a policy by which only a nominal duty is laid upon imports, no doubt the businesses of the chief Northern cities will be seriously injured.

The difference is so great between the tariff of the Union and that of the Confederacy that the entire Northwest [present day Midwest] must find it to their advantage to purchase imported goods at New Orleans rather than New York. In addition, Northern manufacturers will suffer from the increased importations resulting from lower duties . . .”

More than a month before South Carolina started the secession trend and about two weeks after the election, outcome was known, the Boston Herald concluded on November 12, 1860: “[Should South Carolina secede] she will immediately form commercial alliances with European countries [that] . . . will help English manufacturing at the expense of New England. The first move the South would make would be to impose a heavy tax upon the manufacturers of the North, and an export tax on the cotton used by Northern manufacturers. In this way she would seek to cripple the North. The carrying trade, which is now done by American [Northern] vessels, would be transferred to British ships.”

(Causes of the Civil War, Philip Leigh, Shotwell Publishing, 2020, excerpt pp. 133-134)

Republicans to Restore the Good Old Days

From its formation from the ashes of the Whig party in 1856, the Republican party in less than 5 years drove the Southern States to secession and engulfed the country in a devastating war which destroyed the American republic of 1789.  This party was formed in violation of Washington’s solemn warning against the formation of geographical political parties which he knew would endanger the very existence of the Union.

Republicans to Restore the Good Old Days

“The Republican leaders sought to convince the Northern voter that there would be no just cause for secession in the event of the election of the sectional president: that the Southern leaders were only bluffing and were trying to intimidate the Northern voter into voting against the dictates of his conscience.

[William] Seward, the author of the “Irrepressible Conflict” oration, explained that “the South would never in a moment of resentment expose themselves to war with the North while they have such a great domestic population ready to embrace any opportunity to assert their freedom and inflict revenge.”

He further explained that the election of Lincoln would terminate the conflict he had prophesied – not begin it. “Vote for us,” he cried, “and you will have peace and harmony and happiness in your future years.” And again he said, “When the Republicans are in office, what may we expect then? . . . I answer, “No dangers, no disasters, no calamities . . . all parties will rejoice in the settlement of the controversy which has agitated the country and disturbed its peace for so long.”

However, the New York Herald openly accused Seward of “pussyfooting.” Seward, it asserted, was a “moderate anti-slavery man at Detroit, a radical abolitionist at Lansing, a filibusterer at St. Paul, and the Brother Seward of John Brown did not hesitate to claim to be a good conservative, Union-loving patriot in New York.”

The election of Lincoln, according to Salmon P. Chase, another of the Republican leaders, would mean a restoration of the good old days of concord and goodwill between the North and the South, Tranquility, liberty and Union under the Constitution.” [Horace] Greeley, the Republican editor whose paper had the largest circulation of any paper in the United States, solemnly assured his readers that the election of Lincoln would be like “oil on troubled waters and would promptly remove all sectional excitement.”

(The Peaceable Americans of 1860-1861: A Study in Public Opinion, Mary Scrugham, Columbia University, 1921, excerpt pp. 45-46)

Dark Forces Unleashed by War

Of the wartime and postwar Congress, shorn of Southern statesmen, author Richard Hofstadter wrote: “Before business learned to buy statesmen at wholesale, it had to buy privileges at retail.” Railroad promoters actively lobbied for land grants and other subsidies at every level of government, while choruses of Northern manufacturers demanded tariff protection from foreign competitors. The American Third Republic ended with war in 1861, waged against a new Southern agrarian republic seeking peace and prosperity for its people. With its war of independence lost, the South became a poor economic colony within a foreign political arrangement dominated by corporate interests allied with an all-powerful central government.

Dark Forces Unleashed by War

“After the Civil War several transcontinental railroads, all but the Great Northern the beneficiaries of federal land grants, were completed. Chastened by scandals connected with the government’s subsidization of these enterprises, Congress made no new land grants after 1871, but in the nostrils of many people the odor of something rotten – corruption and special, unwarranted privilege at the expense of the general public – lingered about the land-grant railroads for decades.

After the 1870s, growing numbers of huge manufacturing corporations, including such still-familiar firms as Standard Oil, Bethlehem, American Tobacco, and Armour, achieved prominence. People accustomed to dealing with small locally-owned firms had difficulty in reconciling themselves to an economy in which such corporate behemoths did much of the nation’s business.

The great corporations, known to contemporaries as “trusts” though only a few were every trusts in the strict legal sense, raised the specter of monopoly power in the market. American public opinion and legal tradition had long been hostile toward monopolies. Conspiracies in restraint of trade were unquestionably illegal under the common law.

Unsuccessful competitors complained bitterly that the “monopolists” were driving them to the wall. Customers frequently objected to real or imagined price discrimination. More than anything else, rate discrimination provoked the outrage of Midwestern shippers against the railroads. Often the criticism of a big corporation’s alleged monopoly power could be deflected by showing that the firm produced better products or services in growing volumes at ever lower prices.

But this defense, even if appropriate, did nothing to allay the charge that the great corporations subverted the democratic political process. “Corruption,” charged the Populists in the preamble to their platform of 1892, “dominates the ballot-box, the Legislatures, the Congress, and touches even the ermine of the bench.”  Henry B. Brown, an associate justice of the US Supreme Court, told the Yale law students in 1895 that “[b]ribery and corruption are as universal as to threaten the very structure of society.”

(Crisis and Leviathan: Critical Episodes in the Growth of American Government, Robert Higgs, Oxford University Press, 1987, excerpts pp. 80-81)

 

Feb 27, 2021 - Antebellum Realities, Black Soldiers, Democracy, Foreign Viewpoints, Jeffersonian America, Patriotism, Southern Statesmen    Comments Off on An Invigorating Spirit of Patriotism

An Invigorating Spirit of Patriotism

Andrew Jackson thought of himself as not an innovator or man of ideas, but that he must revive and continue Jeffersonian principles in the federal government. He was a man hostile to the clamoring abolitionist radicals and in general to the various “isms” of the North, sure to cause strife where none should be. His conception of patriotism included a determination to uphold the national honor and interests, even at the risk of war.

An Invigorating Spirit of Patriotism

“[The] Age of Jackson appears to have been characterized by a high degree of patriotism – the patriotism of a provincial people who were virtually untouched by the internationalism of our own day and who as a whole lived close to nature and therefore perhaps had a child’s love for the homeland.

The Italian Count Francesco Arese, who traveled in the United States in 1837-38, described this invigorating spirit of patriotism, which he witnessed during a Fourth-of-July celebration in Lexington, Virginia.

After the usual fireworks, marching of the militia, and playing by the band of “Hail, Columbia” and “Yankee Doodle,” the townspeople sat down to an elaborate banquet. “There were 160-odd people,” the Count relates in his journal, “and though Americans are accused of being not too sober, I am forced to say that not a soul got drunk. After the dinner, which didn’t last over ½ hour, several toasts were drunk. The first was to “the 4th of July, 1776,” the next to General George Washington, the third to General Lafayette; and many others followed.

Among the banqueters were two old veterans that had served under Washington, one of whom was a Negro who had gone everywhere with the brave general, and for that reason, a half-century later, he was allowed the honor once every year of sitting down to the table with white men!

There was nothing, absolutely nothing in this celebration that suggested in the remotest degree that trumped-up joy, that official gaiety they gratify us with in Europe, quite contrary to our desire. Here the joy, the enthusiasm were real, natural, heartfelt. Each individual was rightly proud to feel himself an American.

Each one believed himself to share the glory of Washington, Jefferson, Marshall and all the other illustrious men whom not only America but the whole world has the right to be proud of. Oh. God, when shall my own beautiful and wretched country be able to celebrate a day like that?”

(The Leaven of Democracy: The Growth of the Democratic Spirit in the Time of Jackson, Clement Eaton, editor, George Braziller Publishers, 1963, excerpt, pp. 10-11)

An American Chamber of Horrors

In an effort to forestall a Republican “Force Bill” designed to bring reconstruction horrors back to the postwar South, fourteen spokesmen that included Zebulon Vance, Robert Stiles and Bernard J. Sage undertook to explain the Solid South to what may be termed the New North. In April 1890 they published a symposium “Why the Solid South? Or Reconstruction and its Results,” designed to appeal to the self-interest of the North’s business class and a very clear recapitulation of what Reconstruction thus far “had cost in money, public morale and cultural retardation.”

An American Chamber of Horrors

“Hilary Herbert of Alabama, who served as editor, expressed . . . in a preface: “Its object is to show to the public, and more especially to the businessmen of the North, who have made investments in the South, or who have trade relations with their Southern fellow citizens, the consequences which once followed an interference in the domestic affairs of certain States by those, who either did not understand the situation or were reckless of results.”

There followed factual histories of Reconstruction in each of the ex-Confederate States, including West Virginia and Missouri, which also had suffered from the fraud, repression and vicious partisanship of the postwar settlement. All in all, it is one of the most dismal stories ever told, unrelieved by a single ray of light, unless a revelation of how much people can endure and how they will struggle to attain their hopes even in extremis be such.

Governor Vance of North Carolina in a particularly mild and philosophic chapter pointed out that during what was supposed to be a moral and political rebirth “the criminals sat in the law-making chamber, on the bench and in the jury-box, instead of standing in the dock.” It has become the fashion nowadays to regard Reconstruction as a kind of chamber of horrors into which no good American would care to look, but Governor Vance reminded his readers that no portion of our history better deserves study “by every considerate patriot.”

From the comparatively uneventful story of North Carolina’s experience, the chronicle moves on to the wild saturnalia of South Carolina, where amid riotous spending of public funds the State House was turned into a combination of saloon and brothel. Yet the ordeal of South Carolina was matched by that of Louisiana, where in four years’ time the incredible Warmoth regime squandered an amount equal to half the wealth of the State.

“Corruption is the fashion,” Governor Warmoth, an ex-soldier who had been dishonorably discharged from the Federal army, remarked with laudable candor. “I do not pretend to be honest, but only as honest as anybody in politics.”

(The Southern Tradition at Bay: A History of Postbellum Thought, Richard M. Weaver, George Core/M.E. Bradford, editors, Regnery Publishing, 1989, excerpts pp. 330-332)

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