Circa1865

Apparently missing the brutal industrial slavery that flourished among them, New England abolitionists, “looking about with an eye long-trained to detect sinners,” began a moral crusade against the aristocrats of the American South who they imagined were mistreating their own laborers. All the ills of Northern society, social, agricultural and financial, were found to originate with the evil slaveholders.

Bernhard Thuersam, www.Circa1865.com

New England’s Industrial Slaves

“[The] first significant result of the coming of finance-industrial capitalism to [New England] in the years between 1815 and 1844, was the rise of a new and powerful group of business leaders, and the creation of a new and uniquely dependent body of workers.

A decline in commerce made capital available and scattered cotton mills about wherever water power could be found. Profits soared. Successful groups . . . bought up power sites, built machine shops, laid out and built whole factory towns, speculated in lands, projected canals and railroads, and found use for their surplus capital in banking and insurance.

[The Northern merchants] harsh old Calvinistic beliefs gave way to more rational and dignified ones, and their political needs found expression in the conservative doctrines of the Whig party. A new aristocracy of growing wealth and power had come into being.

The young folks who came down from the country to work in the mills soon learned that their move meant . . . Long hours . . . in a poorly ventilated, lint-filled room spent at a single task . . . They also learned that bitter competition between factories in period of depression meant longer hours, more spindles to tend, and reduced wages. To protest or to strike brought lockouts and black lists. By 1844 most New England girls had chosen the latter course, and French Canadian and Irish girls had taken their places.

Workers looked “round them upon the princely palaces and gaudy equipages of the rich” who consumed the fruits of the poor man’s labor without adding to “the common stock a grain of wheat or a blade of grass.”

And when the right to organize was denied by the courts, workers solemnly proclaimed that “the freemen of the North are now on a level with the slaves of the South, with no other privilege than laboring, that drones may fatten on your life blood.”

Sympathy for the workers was [intense]. “There is not a State’s prison or house of correction in New England where the hours of labor are so long, the hours for meals so short, and the ventilation so neglected as in the cotton mills with which I am acquainted,” wrote Dr. Josiah C. Curtis in his report to the American Medical Association.

“Where is the humanity,” asked another. “It is swallowed up in gain – for the almighty dollar, and for this, poor girls are enslaved and kept in a state little better than machinery, [but when they become unable to work they] are laid to one side and new [human] machinery procured.”

And what became of the girl who was laid aside? The Daily Democrat tells us that “while those who reaped the profits” dropped “their heads on the cologne-scented handkerchiefs on prayer and thanksgiving every Sabbath day,” the poor mill-girl came “to Boston to die in the brothel.”

“ . . . At the North, the master has a lash more potent than the whipthong to stimulate the energies of his white slaves: fear of want.” And because the Northern worker did not see his chains, he was none the less a slave.

As one man put it: “When capital has gotten thirteen hours of labor daily out of a being it can get nothing more. It would be a very poor speculation in an industrial point of view to own the [laborers], for the trouble and expense of providing for times of sickness and old-age would more than counterbalance the difference between the price of wages and the expense of boarding and clothing . . . “

“Wages,” added Orestes Brownson, “is a cunning device of the devil for the benefit of the tender conscience, who would retain all the advantages of the slave system, without the expense, trouble and odium of being slaveholders.”

(The Civil War in the Making, Avery O. Craven, LSU Press, 1959, excerpts, pp. 9-16)

Lee was not alone in seeing the masked reasons for the war prosecuted by the North and the opportunity seen in reducing the American South to a politically-weak economic colony. The bounty-enriched foreign mercenaries and displaced slaves used to fight its war of conquest were expendable tools for the task, and later employed to eradicate Indians.

Bernhard Thuersam, www.Circa1865.com

The Dollar Invades and Conquers

“Certainly he must have sensed that in the future “those people,” as he called his Northern adversaries, were determined to push aside “his people” with their aristocratic prerogatives and privileges. Despite his determination to stay out of politics both during and after the war, Lee could see the handwriting on the wall as plain as anyone, and plainer than most.

He understood that in addition to the sharp odor of gunpowder, there was the sweet smell of profits in the balmy spring air. Lincoln’s Secretary of the Treasury, visiting New York earlier that spring, had noted that many people there paid more attention to the stock market than to the casualty reports. To this a New York editor added: “Real or professed patriotism may be made to cover a multitude of sins. Gallantry in battle may be regarded as a substitute for all the duties of the Decalogue.”

In the Northern States, the rapid transformation from a conglomeration of farmers to a nation of industrialists had been hastened by the war. The exclusion of Southern planters from the halls of government made the change considerably easier. Astronomical profits on wartime speculation and gouging encouraged rapid expansion. While the brave boys in [blue] shed blood on the battlefields, the crafty made profits back home.

If the drama of collapse and surrender centered in the South, the drama of growth and expansion focused on the West. Hundreds of millions of dollars would go there; the receding frontier would be whittled down by systematic attacks of the Yankee investor. The Federal government would help by showering the railroads and settlers with land and services. Mines, cattle and farming would boom. Where bayonet had never been, the dollar would invade and conquer.”

(Lee After the War, Marshall W. Fishwick, Dodd, Mead & Company, 1963, pp. 39-40)

Grant’s relentless and costly attacks on General Lee in Virginia earned him the title of “Butcher” among his own troops and was kept in command by Lincoln who was unbothered by the vast casualty numbers amassed by Grant. He quickly saw that following the Radicals after his master’s assassination was the proper path, and he was rewarded with election to the presidency, though only with the votes of freedmen herded to the polls in the South. His administration was marked with scandal, and his own vice president indicted for corruption. The following able criticism of General Grant’s claim to great generalship was published in the New York Tribune in July 1883.

Bernhard Thuersam, www.Circa1865.com

Grant Never Faced Stonewall Jackson

“To the Editor of the Tribune:

Sir, — The attitude in which General Grant has so long been posed before the world is likely to receive a severe blow from the publication of General Humphrey’s last volume of “The Campaigns of the Civil War,” of which the Tribune contained a review yesterday.

Colonel Hambley, of the British army, in his great work on the Art of War . . . speaks of General Grant as one “who was successful on a moderate terrain like Vicksburg, but whose Virginia campaign was a failure,” and elsewhere of “Grant’s useless sacrifice of ten thousand men at Cold Harbor.” This judgement is tacitly supported by General Humphrey’s book by what would seem to be a column if indisputable facts.

I understand from him that General Grant was at least seven times conspicuously and with enormous loss defeated by General Lee before the exhaustion of his war materials and the universal collapse of the Confederacy compelled the latter to surrender. These were not reported as defeats in the bulletins of the day, and some of them were even supposed to be victories, as in the case of Hancock’s magnificent attempt to break through Lee’s centre at Spottsylvania Courthouse; but they were defeats nonetheless.

Many things conspired to prevent General Lee’s victories from being decisive: The overwhelming superiority of the Union army in numbers and munitions of war, his own lack of absolutely necessary war materiel . . . and the lack of an able coadjutor like Stonewall Jackson.

One can well believe that had Jackson lived a year longer Grant would not only have been defeated, but, as a consequence of his stubborn adhesion to a single military idea, pretty nearly destroyed. Grant possessed an advantage over all his predecessors in Virginia; that he never had to contend with Jackson. The dry truth of it is that Grant lost more battles in Virginia than he ever won elsewhere.

In the tenacity with which Grant followed out a determination once fixed in his mind, perhaps no man has ever surpassed him; but it was an expensive virtue for his soldiers, as the hundred thousand men he lost in Virginia are a witness. Whether he should have been removed after Cold Harbor, a disastrous blunder only equaled by Burnside’s at Fredericksburg, is a difficult matter to determine.

Yet this man . . . received the credit of having suppressed the Confederacy; without education for or experience in civil affairs was made President for eight years; and finally was carried around the earth and exhibited to the nations as the greatest prodigy of the age.

F.P.S. College Hill, Mass., July 4, 1883”

(A Northern Opinion of Grant’s Generalship, Southern Historical Society Papers, Volume XII, 1884, J. William Jones, editor, Broadfoot Publishing, 1990, excerpts, pp. 21-22)

After the mine under Confederate lines at Petersburg was exploded in late July, 1864, the Northern assault into the crater was to be led by black troops, ordered by Gen. Ambrose Burnside, though criticized by Gen. George Meade as they were inexperienced. The black troops were not committed until after the initial assault, but intense defensive fire routed them and their white counterparts caught in the crater. It was reported that black troops were the most visible participants in the retreat and an observer recalled being brought to a halt by “terror-stricken darkies who came surging over [us] with a force that seemed almost irresistible. They yelled and groaned in despair and when we barred their progress” (Army of Amateurs, Longacre, pg. 190). Gen. Grant later stated that he was confident that the black troops would have carried the assault if they had led it, though agreeing that they were inexperienced troops.

Bernhard Thuersam, www.Circa1865.com

Grant’s Sable Arm at The Crater

“Lieutenant Colonel Charles Loring, a [General Ambrose] Burnside aide who had been observing matters [at the Crater battle] all morning, was so appalled by the prospect of the black soldiers’ advancing into the confusion that he countermanded the order and raced off to report directly to [Burnside, who simply restated his previous order to attack].

The officers commanding the black troops now discovered that it was nearly impossible to advance their men in any orderly fashion. Confederate artillery ranged all surface approaches to the jump-off point . . . [but the] 30^th [US Colored Troops] was the first black regiment to advance toward the crater. “The slaughter was fearful,” one [young regimental officer] later wrote home . . . “bullets came in amongst us like hailstones . . . Men were getting killed and wounded on all sides of me.”

[Northern commander U.S. Grant] found Burnside in a small fieldwork overlooking the front. Grant wasted no time. “The entire opportunity has been lost,” he said, rapidly. “There is now no chance of success. These troops must be immediately withdrawn. It is slaughter to leave them here.” Burnside . . .”was still hoping something could be accomplished.”

[At a court of inquiry, Grant stated that] “I blame myself for one thing, I was informed . . . that General Burnside . . . trusted to the pulling of straws [as to] which division should lead [the attack]. It happened to fall on [who] I thought was the worst commander in his corps . . . I mean General [James] Ledlie.”

[Grant continued:] “General Burnside wanted to put his colored division in front [to lead the initial assault], and I believe that if he had done so it would have been a success. Still I agreed with General Meade as to his objections to that plan [that the colored division was “a new division, and had never been under fire – had never been tried . . .”].

General Meade said that if we put the colored troops in front . . . and it should prove a failure, it would then be said, and very properly, that we were shoving these people ahead to get killed because we did not care anything about them.”

(The Last Citadel, Petersburg, Virginia, June 1864-April 1865, Noah Andre Trudeau, Little, Brown and Company, 1991, excerpts, pp. 115-117; 126)

Well before African slaves populated the American South in any number, New England’s Puritans were enslaving the Indian tribes whose lands they appropriated. Also, the closed society of New England did not welcome non-Puritans, white, red or black, and once the slave’s labor was done they could be sold for profit and to labor elsewhere. This may offer a clue to New England’s future sweeping itself clean of the slave trade they had nourished and profited from, and blame the institution on the American South.

Bernhard Thuersam, www.Circa1865.com

“Strangers” and New England Slave Property

“Slavery began in New England during the first years of settlement in Massachusetts, and thus, the Puritans learned how to be slave owners immediately on arrival. As white New Englanders conquered their new settlements, they enslaved Native American populations both to control them and to draw on them for labor. Although John Winthrop did not immediately see Indians as slaves, it dawned on him quickly that they could be.

Winthrop recorded requests for Native American slaves both locally and abroad in Bermuda. Wars with the Narragansett and Pequot tribes garnered large numbers of slaves. The trading of Indian slaves abroad brought African slaves to Massachusetts shores. In 1645, Emanuel Downing, John Winthrop’s brother-in-law and a barrister, welcomed a trade of Pequot slaves for African slaves.

However, the enslavement of American Indians had a different tenor than the enslavement of Africans. The indigenous slaves represented an enemy, a conquered people, and a grave threat to [Puritan] society. African slaves represented a trade transaction, laborers without strings attached. Moreover, Indian slaves . . . served as collateral with which to negotiate with Native leaders. Further [Puritan] colonists could expel troublesome Native slaves out of the colony, or they could just control them as slave property.

[In] Massachusetts first legal code, the 1641 Body of Liberties . . . outlawed slavery among the Puritans. However, the exceptions of strangers (foreigners who lacked protection from the king) and war prisoners gave an opening to enslave other human beings.

The exception in the case of war prisoners gave the colonists direct permission to enslave Indians . . . such as in the Pequot war they had just concluded. Conveniently the slave trade had already begun to spread strangers throughout the Atlantic world.

[Most] Puritans sought a homogenous society that made any kind of stranger feel unwelcome [and] Puritans’ efforts to expunge untrustworthy members with white skin were legendary. Men and women from other cultures with different skin tones posed a more complicated dilemma. The cultural differences of Africans and Native Americans automatically made them undesirable additions to the closed Puritan societies.

As King Philip’s War drew to an end in 1678 . . . [it had] brought in a huge number of [Indian] slaves. Hoping to socialize Indian children, Plymouth’s council of war forced them to apprentice in white families. The council sold hundreds more Indians to Spain, Jamaica, and the Wine Islands.”

(Tyrannicide, Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts, Emily Blanck, UGA Press, 2014, excerpts, pp. 12-14)

Indian and African slavery was a primary factor in the development of New England commercial economic prosperity, “the key dynamic force,” as colonial historian Bernard Bailyn wrote. He added that “Only a few New England merchants actually engaged in the [transatlantic] slave trade, but all of them profited by it, lived off it.” With the influx of African slaves into Puritan society, laws and codes had to be developed to cope with the “strangers.”

Bernhard Thuersam, www.Circa1865.com

Jim Crow’s New England Origins

“The rapid rise in the number of slaves at the dawn of the eighteenth century caused Massachusetts leaders to take action. Spiritually, slavery proved an obstacle for the local ministers, as some congregants began to question whether a Christian should own another Christian.

In 1693, Cotton Mather took on the challenge of Christianizing the heathen population without ending enslavement. In his 1701 pamphlet, The Negro Christianized, Mather assured nervous masters that conversion did not free the slave. Mather’s vision of slavery . . . idealized the relationship between master and enslaved . . . [and] promised that if owners mistreated their slaves “the Sword of Justice” would sweep through the colony.

In 1701, Boston, which had the largest slave population in the colony, began passing municipal laws aimed at setting standard limits on slave behavior . . . They could not drink alcohol, start fires, or assemble. So as to not hamper slave owners’ profits of property rights, slaves were whipped rather than imprisoned, a punishment that few whites suffered in the early eighteenth century.

As slaves became more numerous . . . the colony of Massachusetts responded in similar fashion to Boston by passing legislation to control the behavior of African slaves. The legislature feared that a “turbulent temper in spirit” would grow into “an opposition to all government and order.” The law targeted assemblies at night, begging, and starting fires. In the eyes of the legislators, blacks, free and enslaved, posed the greatest threat to the good order of society.

Having children was also difficult for enslaved women from New England. Masters found childbirth inconvenient and actively discouraged it, which contributed to the low birth rate among African Americans in Massachusetts.”

(Tyrannicide, Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts, Emily Blanck, UGA Press, 2014, excerpts, pp. 15-16)

The scale of New England trade to the West Indian sugar plantations was nothing short of astonishing, with nearly 80 percent of all overseas exports supporting slave-labor sugar production. By this time as well, the Narragansett region of Rhode Island and neighboring Connecticut both developed their own plantation systems employing African slaves as forced labor.

Bernhard Thuersam, www.Circa1865.com

Slaves Doing the Business of New England

“At the same time that John Winthrop left England to establish his city on the hill, another group of Puritans left England for the Caribbean. While the New England colonists shipped beaver pelts, codfish, and timber back across the Atlantic, the West Indies group ended up on Providence Island raising tobacco and cotton, using slave labor.

Europeans . . . prized sugar [that was slave-produced in the West Indies]. The crop roared its way across the Atlantic like an agricultural hurricane. It denuded islands of their forests and siphoned hundreds of thousands of Africans into slavery to feed a boundless, addicted market.

Between 1640 and 1650, English ships delivered nearly 19,000 Africans to work the fields in Barbados. By 1700, the cumulative total had reached 134,000. The pattern was repeated on other islands. Jamaica, barely populated when the English invaded it in 1655, had absorbed 85,000 African slaves by 1700. The Leeward Islands, including Antigua, took 44,000.

That same year a Boston ship made one of the earliest known New England slave voyages to Africa, delivering its cargo to Barbados. The Puritans thought about using captive labor for themselves. In 1645, Emanuel Downing, John Winthrop’s brother-in-law, advised Winthrop: “I do not see how we can thrive until we get a stock of slaves sufficient to do all our business.”

Although residents of New England and Middle Atlantic States owned slaves and trafficked in slaves, they profited more from feeding the increasingly large numbers of Africans in the West Indies and providing the materials to operate the sugar plantations and mills.

The flow of commerce between America, Africa and the West Indies entered history as the Triangle Trade. In its classic shape, Northern colonies sent food, livestock, and wood (especially for barrels) to West Indian sugar plantations, where enslaved Africans harvested the cane that fed the refining mills.

Sugar, and its by-product molasses, was then shipped back North, usually in barrels made of New England wood and sometimes accompanied by slaves. Finally, scores of Northern distilleries turned the molasses into rum to trade in Africa for new slaves, who were, in turn, shipped to the sugar plantations.”

(Complicity: How the North Promoted, Prolonged, Profited from Slavery, Farrow, Lang, Frank, Ballantine Books, 2006, excerpts, pp. 46-49)

Despite being one of the most scholarly men to ascend to the presidency, professional historian and political scientist Woodrow Wilson was described as being “surprisingly uninformed about foreign affairs.” After election on the promise that no American boys would die on Europe’s battlefields, he was bullied into the war by steel, munitions and financial lobbies, as well as British propaganda, while dreaming of his part in erecting a world peace that would endure forever. Washington presciently warned of foreign entanglements; Wilson’s secrecy and blunders brought nearly 117,000 American dead by 1918, and as he helped lay the foundation for a German nationalist to replace the Kaiser, another 407,000 American dead in World War Two.  It was far better to leave European intrigues to Europeans.

Bernhard Thuersam, www.Circa1865.com

Wilson Confronts Old-Fashioned Imperialism

“President Wilson apparently at first thought that American participation in the war would be confined primarily to economic and financial contributions, with the navy to help cope with the U-boat menace. As Allied needs became more fully known, however, it became apparent that victory would necessitate the training and transportation to the western front of vast numbers of American troops.

Wilson and Secretary [of State Robert] Lansing, despite subsequent denials to the Senate Foreign Relations Committee, were aware prior to the peace conference of the existence of the secret treaties among the [European] Allies which provided for territorial gains after the war. These treaties and agreements, such as the 1915 Treaty of London between the principal Allies and Italy, were not necessarily evil but were in fact the inevitable results of a coalition war.

To Wilson, however, they represented old-fashioned imperialism which would endanger the future stability and peace of the world. During his visit to America, [Britain’s Lord] Balfour had revealed most of the terms of the territorial arrangements whereby Germany’s colonies were to be apportioned among the victors and important territories in Europe and the Near East would be similarly allocated.

The only major agreement of which the major American officials were not then informed was that relating to Japan’s acquisition of the German holdings in Shantung Province, China. There can be little doubt that the president and his secretary of state knew the essential details long before the peace conference convened. The official attitude, however, remained one of indifference and formal ignorance:

“This Government is not now and has not been in the past concerned in any way with secret arrangements or treaties among European powers in regards to war settlements. As to the secret treaties [released in Russia] . . . the Department [of State] has no knowledge of their existence or their terms except through reports emanating from the Bolshevik press.”

Aware of these arrangements to divide the spoils, Wilson wrote [Colonel Edward] House that “England and France have not the same views with regard to peace that we have by any means.” Yet to discuss postwar settlement at that time would only precipitate disagreements and a probable weakening of the war effort, to the benefit of Germany.”

(The Great Departure, The United States and World War One, 1914-1920, David M. Smith, John Wiley and Sons, 1965, excerpts, pp. 85-87)

Lincoln erroneously saw Unionist Clement Vallandigham as aiding the Confederacy when the former Ohio congressman was actually aiding the Union and preserving the integrity of the United States Constitution in his dissent on Lincoln’s unconstitutional acts. Joseph Holt, Lincoln’s Judge Advocate General, was a Kentuckian and Secretary of War during James Buchanan’s administration and warm to the Radical Republicans taking power. It was he who authorized the ill-fated Star of the West expedition to resupply Fort Sumter in early January, 1861, as well as later prosecuting former Ohio Congressman Vallandigham for alleged treason for his dissent.  The latter is called a “Copperhead,” which was not a Southern supporter, but a Unionist who opposed Lincoln’s draconian methods.

Bernhard Thuersam, www.Circa1865.com

No Dissent in Lincolnian America

“In early 1863, a military commission prosecuted and convicted Clement Vallandigham, a former congressman, of treason. There is a consensus that this trial ranks among the most important in American history. The twentieth century’s leading scholars of the nation’s legal history, Lawrence Friedman, Kermit Hall and Melvin Urofsky, have all articulated that the Vallandigham trial and eventual Supreme Court determination in the case, is a rare landmark.

But in none of the treatise’s does Holt’s role as Vallandigham’s “prosecutor,” or the participating judge advocates emerge. Indeed, as recently as 2008, a well-researched study on Lincoln’s relationship to the Supreme Court only briefly notes Holt’s role in the entire process.

Melvin Urofsky summed up the Judge Advocate General’s role as, “simply informing the [Supreme Court] that it could inhibit neither Congress nor the President in prosecuting the War.” This is an oversimplification and the importance of Holt’s participation in Vallandigham’s trial is more than symbolic.

Holt, an officer in the War Department argued the case to Supreme Court, rather than the attorney general. This reflected how militarized the law had become and how politicized the Judge Advocate General’s Department was becoming.

[Gen. Burnside’s General Order 38 regarding treason contained] controversial prohibitions aimed at stifling dissent to the war. Most problematic was a section which stated: “The habit of declaring sympathies for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested, with the view toward being tried as above stated, or sent beyond our lines into the lines of their friends.”

This part of the order conflicted with the Bill of Rights’ recognition of freedom of speech as an inalienable right. [Burnside] intended to ferret out the leaders of subversive organizations [as there were] already acts of public discontent within the Ohio Department . . .

[Burnside’s judge advocate aide Major James Cutts included] allegations [that] Vallandigham referred to the war as “wicked, cruel and unnecessary,” and that the war was “fought for the freedom of the blacks and enslavement of the whites.” [Vallandigham] had publicly accused the [Lincoln] administration of negotiating with the South in bad faith . . . [and] that Lincoln planned to “appoint military marshals in every district and restrain the people of their liberties, to deprive them of their rights and privileges.”

On his own, Lincoln arrived at a novel solution. If, he reasoned, Vallandigham aided the Confederacy, he should be expelled from the Union and reside with them. Holt approved of this course of action.”

(Law in War, War as Law: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865, Joshua E. Kastenberg, Carolina Academic Press, 2011, excerpts, pp. 103-106; 110)

In the following study of Francis Lieber’s General Orders No. 100, which claimed to guide the US military in its war upon the South, was the author’s comment that “Perhaps the most significant element of Lieber’s treatise that betrays the lack of attention to US law comes down to this observation: there is no specific reference to the United States Constitution in General Orders No. 100.” Francis (Franz) Lieber was a German revolutionist who fled his home in 1827, settling in Boston. He lost a son in the War Between the States, who fought for the South.

Bernhard Thuersam, www.Circa1865.com

Opening the Door to Barbarism

“Two years into the conflict, after countless thousands of soldiers had died . . . the United States announced the rules by which it conducted the fighting. These regulations took the form of a document bearing the nondescript title of General Orders No. 100, instructions for the government of the armies of the United States in the field, which was compiled by a professor at Columbia College. Francis Lieber was a German émigré, a classical liberal forced by political persecution from his native country.

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 nation 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 a right to determine the parameters of war making, especially the meaning of “military necessity,” without these policies originating with Congress.

As early as August 1861, he went on record in a public letter to Attorney General Bates concerning why the government could treat Confederates as belligerents without recognizing their nationhood. He had seized upon the rationale that became commonplace in the administration – and that owed itself to international precedents – that humanitarian reasons dictated exchanging prisoners and operating under the rules of war.

Reactions to [Lieber’s work] were predictable, with Republicans mostly supportive and administration opponents either ambivalent or hostile. The New York Herald . . . found some policy commendable . . . but stated flatly that “the inhabitants of the Southern States are not alien enemies, but citizens of the United States in insurrection, and consequently the alleged law of nations does not apply.”

Meanwhile, Confederate Secretary of War James Seddon and President Jefferson Davis found nothing to praise in the instructions, pointing out how the definition of “military necessity” opened the door to barbarism. Seddon said the order was “the handicraft of one much more familiar with the decrees of the imperial despotisms of the continent of Europe than with Magna Charta, the Petition of Rights, the Bill of Rights, the Declaration of Independence, and the Constitution of the United States.”

(With Malice Toward Some: Treason and Loyalty in the Civil War Era, William A. Blair, UNC Press, excerpts, pp. 93-96; 98)