Circa1865

A bronze equestrian monument of Maj. Gen. John F. Hartranft stands majestically outside the capitol building at Harrisburg, Pennsylvania. This memorial still stands today despite Hartranft waging war against Americans in the South who fought for political independence as did their ancestors in 1776. Under the Constitution Hartranft swore fealty to, Article III, Section 3 is clear regarding treason as waging war against a State.

After the death of Lincoln, Hartranft served as a special provost marshal during the show trial and predictable convictions, including that of Mary Surratt. He afterward personally led these Americans to the gallows in early July 1865.  In 1872 he became governor of Pennsylvania governor and won a second term in 1876 despite being accused of bribing leaders of the Molly Maguires to induce members to vote for him.

Monument to a War Hero Politician

Just prior to the battle of First Manassas in July 1861, the enlistment period of then-Col. Hartranft’s Pennsylvania regiment had expired, and they returned home. Assigned as an aide to another command during the battle, he was unsuccessful in his attempt to stem the wholesale retreat of Northern soldiers. For this latter action Hartranft was to be awarded the Congressional Medal of Honor in 1886.

In April 1862, Hartranft was colonel of the 51^st PA regiment during Gen. Burnside’s invasion of North Carolina’s Outer Banks. The resulting occupation of the islands and afterward New Bern was marked by the wholesale looting and pillaging of businesses and civilians.

In May 1863, Hartranft’s 51^st Pennsylvania Regiment was near Jackson, Mississippi as Grant approached Vicksburg. At that time, the Lieber Code which would govern the conduct of northern armies in the field was being promulgated – it forbade the waging of war against innocent civilians.

At Jackson, one of Hartranft’s officers later wrote in 1866 of the 51^st Pennsylvania troops who “broke ranks and ransacked the town of Jackson for tobacco, whiskey and valuables . . . Grocery, dry goods, hat, shoe, millinery and drug stores were broken open and “cleaned out” of every vestige of their contents: private dwellings entered and plundered of money, jewelry and all else of any value were carried off; crockery, chinaware, pianos, furniture, etc., were smashed to atoms; hogsheads of sugar rolled into the street and heads knocked in and contents spilled . . . and soon some very splendid buildings were reduced to ashes.”

The writer continues: “As the 51^st Pennsylvania Regiment was marching out [of town] it made quite a ludicrous appearance, for the men were clad in female attire, some with hats having crowns a foot high, some with masks on, shawls, frock skirts, with crinoline all over instead of underneath . . . marching with bonnet and bandboxes in their hands.

They were followed by the colored females, screaming with delight and begging the “Yankees” to “gib us dat bonnit,” and “Massa, do please gib me dat frock.” By the time they reached their destination the colored ladies were in possession of nearly every particle of female wear which the men had stolen.”

(History of the Fifty-first Regiment, Pennsylvania Volunteers. Thomas H. Parker, King & Baird, Printers, 1869, pp. 85; 363-365).

The following is noted as “a summary of the report made by Tyler to Virginia Gov. Letcher on his return from Washington. The text of this report, with the letters passing between Tyler & Buchanan, was published in the Richmond Daily Dispatch, February 1861.”     The fortress was built to protect Virginia, not wage war upon it.

American Citizens Targeted

“Tyler left Washington on January 29 with the expectation of returning to the Washington Peace Convention, which was to assemble on February 4. On the day before leaving, he sent another letter to President James Buchanan, in lieu of a call which other engagements prevented. In this letter he expressed appreciation of the courtesies that had been shown him and pleasure at hearing the President’s message read in the Senate.

Tyler’s letter also spoke of a rumor that at Fortress Monroe the cannon had been put on the landward side and pointed inland. His comment of this report was “that when Virginia is making every possible effort to redeem and save the Union, it is seemingly ungenerous to cannon leveled at here bosom.”

To this letter Buchanan sent a very courteous reply, stating that he would inquire into the rumors with reference to Fortress Monroe’s cannon.”

(John Tyler, Champion of the Old South. Oliver Perry Chitwood. American Political Biography Press, 1939 – pg. 438)

Historian Richard Weaver wrote that at the close of the Civil War “the side which more completely abjured the rules of chivalric combat won, and the way was cleared for modernism, with its stringency, abstractions, and its impatience with sentiment.” He added that here the Americans “proved pioneers in a field whose value to civilization is dubious.” He reminds the reader of General Sheridan’s postwar visit to the Prussian staff and suggestion that “noncombatants be treated with the utmost rigor” and opinion that the people must be left with nothing but their eyes to weep with over the war.” It then seemed but an easy step from the military policies of Sherman and Sheridan to the blitzkrieg of the Nazi’s.

The Task of Conquering the American South

“Realization that the North as a whole did not propose to regard the war as a game came as a shock to the Southern people, who had always counted the Yankees out of chivalry, but who seemingly had never reckoned what this would mean in practice.

For the north had already become industrial, middle-class and bourgeois, and if it began the war with old-fashioned conceptions, they vanished after the removal of the dramatic and colorful George B. McClellan. Thereafter the task of conquering the South became a business, an “official transaction,” which cost a great deal more in dollars and lives than had been anticipated, but which was at length accomplished by the systematic marshalling of equipment and numbers. When Gen. John Pope’s Virginia campaign gave the South its first intimation that the north was committed to total war, the reaction was indignation and dismay.

Perhaps it is not too fanciful to read in Lee’s brief sentence, “Pope must be suppressed,” a feeling that he was fighting not so much against an individual enemy as an outlawed mode of warfare. And when Sherman, Sheridan and Hunter began their systematic ravaging and punishing of civilians, it seemed to the old-fashioned South that one of the fundamental supports of civilization had been knocked out, and that warfare was being thrown back to the barbarism from which religion and chivalry had painfully raised it in the Middle Ages.

The courtly conduct of Lee and his officers to the Dutch farm wives of Pennsylvania had been perhaps too much sentimentalized, but the fact remains that these men felt they were observing a code, which is never more needful than in war, when fear and anger blind men and threaten their self-control. Sherman’s dictum that war is hell was answered by E. Porter Alexander’s remark that it depends somewhat on the warrior.

Naturally the thought of being beaten came hard to Americans priding themselves on their martial traditions, but . . . what has done more than anything else to support the unreconstructed attitude is the thought that an enemy, while masking himself under pious pretensions and posing as the representative of “grand moral ideas” dropped the code of civilization in warfare and won in a dishonorable manner.”

(Southern Chivalry and Total War. Richard M. Weaver. Sewanee Review, Vol. LIII, 1945, pp. 8-9)

Mute Reminders of the Injuries Suffered

“Let these blackened ruins remain untouched. We are not an artistic people as the Yankees claim to be, we have neither the taste nor the money for Gettysburg monuments and amphitheatrical cemeteries. Our dead heroes sleep sweetly in the bosom of the old mother, whom they died to defend, and in her poverty the old mother has not decked their resting places with precious stones and miracles of art.

We have monuments enough left by the invader. The Ionian Greeks would not rebuild the temples which their barbaric enemies destroyed; they allowed the ruins to remain as mute reminders of the injuries suffered; as must appeals to heaven for vengeance. Let us in this spirit refuse to efface these memorials of our savage foes. In after-times it will almost a patent of nobility to have a ruin in the family.”  Basil L. Gildersleeve

John Brown and his 4 surviving co-conspirators were arraigned on October 25, 1859, and the next day indicted for treason against the Commonwealth of Virginia – instigating insurrection and waging war against that State. All were found guilty on November 7^th and sentenced to hang. After Brown was hung at 11:30AM on December 2, 1859, a Virginia militia colonel in the crowd spoke: “So perish all such enemies of Virginia! All such enemies of the Union! All such enemies of the human race!”

Those States of the north providing troops for Lincoln to wage war against the States of the south, all committed treason as defined below.

What War Did Jefferson Davis Levy?

“Article III, Section 3, of the United States Constitution defines “Treason” – the only crime the Constitution does define. It is limited to two offenses:

“Treason against the United States shall only consist of levying war against Them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

In light of the events of 1861-1865 . . . and considering the attempt to ascribe to the Confederate States President crimes against the internal sovereignty of [a] State, that is, treason – a question arises, one that stumped even the authorities, even the United States Supreme Court, where now Mr. Justice Chase was successor to Roger B. Taney.

What war did Jefferson Davis levy? After all, who perverted the Constitution? Who instigated the break? Who invaded? Who attacked?

Davis failed to obtain a hearing, although the wicked charges against him were never erased but were allowed to lie against him unpurged for “every orator-patriot or penny-a-liner in the North to hurl at his head the epithet “Traitor,” as Mrs. Davis wrote.

And, ‘. . . he had asked only a fair trial on the merits; [had been held on trumped up accusations in] close confinement, with circumstances of unnecessary torture for a year and a half and constrained to live in Fort Monroe for two years, to the injury of his health and the total destruction of his interests, . . . he was denied trial while his captors vaunted their “clemency” in not executing their victim . . . These accusations were either true or false; he asked neither indulgence nor pardon, but urged a speedy trial, constantly expressing an ardent desire to meet it.’

He had been borne, unwillingly enough, to the position of Chief Executive of eight million Americans in the South who understood their rights and thought it incumbent upon them to maintain them. He had been one of the last to yield to the dread necessity of strife, and was last to leave Washington . . .”

(The Constitutions of Abraham Lincoln & Jefferson Davis: A Historical and Biographical Study in Contrasts. Russell Hoover Quynn. Exposition Press, 1959, pp. 128-129)

In 1863 Republican Senator John Sherman recalled that it was William H. Seward rather than Lincoln who ordered the seizure of Maryland’s legislators in 1861, that “the high-handed proceeding was the work of Mr. Seward, of his own mere motion, without the knowledge of Lincoln.” Seward later told a British official that the arrests had been made to influence coming Maryland elections as well. Frederick (below) was Seward’s son.

Lincoln & Seward’s Military Coup

“The Lincoln administration believed, according to Frederick Seward, that “a disunion majority” in the Maryland State house would pass an ordinance to withdraw from the Union in September 1861. Lincoln had resolved to keep that from happening. Seward recalled: “[The military was] instructed to carefully watch the movements of members of the [Maryland] Legislature . . . Loyal Union members would not be interfered with . . . but “disunion” members would be turned back toward their homes and would not reach Frederick City at all. The views of each member were well-known . . . so there would be little difficulty, as Mr. Lincoln remarked, in “separating the sheep from the goats.”

[Seward continued]: “When the time arrived . . . it was found that not only was no secession ordinance likely to be adopted, but that there seemed to be no Secessionists to present one. The two generals had carried out their instructions faithfully, and with tact and discretion . . . No ordinance was adopted, Baltimore remained quiet, and Maryland stayed in the Union.”

Many arrests of northerners at that time involved freedom of speech and freedom of the press with Seward’s State Department records citing “treasonable language, “Southern sympathizer,” secessionist” and “disloyalty” as standard reasons for arrest and confinement. Additionally, even more serious-sounding arrest reasons were vague and sometimes denoted offensive words rather than deeds: “aiding and abetting the enemy,” threatening Unionists,” or “inducing desertion,” for example. A man in Cincinnati was arrested for selling envelopes and stationery with Confederate mottoes printed on them.

When an old associate of Seward came to Washington to plead for the release of a political prisoner from Kentucky held in Fort Lafayette, the secretary of state readily admitted that no charges were on file against the prisoner. When asked whether he intended to keep citizens imprisoned against whom no charge had been made, Seward apparently answered: “I don’t care a d—n whether they are guilty or innocent. I saved Maryland by similar arrests, and so I mean to hold Kentucky.”

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, pp. 15-16; 27-30)

Martial Law is the Absence of Law

A review of the martial law imposed upon the island of Key West 1861-1865 was recently presented by a local college history teacher, and as a part of the North’s comprehensive military strategy during the Civil War. The audience was a local Civil War Roundtable (CWRT) group.

The lecturer noted the military takeover of the civilian government on the island in mid-January 1861 as the local commander, Capt. James Brannan surreptitiously barricaded his 44 men in the nearly completed Fort Zachary Taylor and turned its guns on the town. Overnight, the US military’s local friends and neighbors became an enemy to be treated with suspicion and contempt. Now fearing bombardment of their homes from the nearby fort, the residents became prisoners in their homes.

The reason cited for Brannan’s warlike action was overhearing “secession” talk among the residents as well as Florida’s recent decision to formally withdraw from the United States federation and become an independent State. Florida was to remain independent until it formally voted to join the Confederate States of America on April 22, 1861.

The arrival in March 1861 of more Northern troops increased armed patrols roaming the town and surveilling citizens. Arbitrary arrests were common, and Fort Taylor became an American bastille to hold prisoners of conscience. Locals, especially merchants with inventories to sell, sought favor with the military as willing informants, reporting on anyone complaining of military rule. Elected officials who disagreed with the military faced arrest and confinement, and new elections of approved candidates were held under armed supervision. Those considered “dangerous secessionists” were deported to the mainland.

What Capt. Brannan accomplished with his unilateral action, and unfortunately not pointed out by the lecturer, was to wage war against a State which is the very definition of treason in the US Constitution – Article III, Section 3. Though Brannan was applauded by his fellow officers and eventually promoted for his act, this does not absolve him of treason.

It was highly likely that Brannan was emulating Major Robert Anderson at Charleston as news of the Fort Sumter seizure could have reached him at Key West in early January. As Anderson suffered no adverse consequences for his fort seizure, Brannan perhaps saw a green light to do the same but should have been more circumspect as he certainly was aware that John Brown was hung in 1858 for waging war against Virginia – the crime being treason. Noteworthy is that Brown was tried and convicted in Virginia, where he committed his crime.

Though this speaker outlined how the island was placed under military rule, no adequate or honest discussion was provided regarding how or why military rule had suddenly materialized, how it was justified under American law, or who specifically ordered it. Martial law is generally considered to be the absence of law with arrests and detentions made at the discretion of the military commander, or those commanded by him. Missing was any explanation of how easily Northern commanders could ignore habeas corpus which was so deeply rooted in Anglo-American jurisprudence. But importantly, as Lincoln ignored the Constitution and approved the repressive actions of those like Brannan, it only encouraged more violations of the law.

The seizure of Fort Taylor came at the whim of a local military commander who was sworn to uphold the United States Constitution – and who should have clearly understood the definition of treason. Though simplistically following orders to protect the fort he was charged with commanding, the withdrawal of the State of Florida and its relationship with the United States government at Washington took precedence. After being officially advised of Florida’s decision to formally declare independence, and lacking any reason to remain on the island, which was no longer part of the United States, Capt. Brannan should have sought Florida officials to provide him with receipts for all equipment left behind before departing with his command. Though he likely would have been court-martialed for doing this, he would have been true to his oath to support the United States Constitution.

The above indicates that there is more than one viewpoint regarding this particular topic, and a more well-versed history teacher should have been able to present all credible perspectives beyond their own. In this particular case, the audience deserved a far better explanation of how military rule quickly overwhelmed a peaceful American town. The listeners were unfortunately left with a partial and limited view of this important and most revealing topic.

(For more information on this topic, see: “Key West’s Civil War: Rather Unsafe for a Southern Man to Live Here.” John Bernhard Thuersam – Shotwell Publishing and available on Amazon)

Yankees in Georgia

“I . . . reached Halifax, my sister’s place, in two and a half hours at 9AM. She unlocked the door, looked at me with a terrified air [and] all overwhelmed with distress for my danger, for they too believed the Yankees were still in the county.

Then followed the sad recital of their sufferings and losses at the hand of the Yankees. The evidences were on every side. Broken trunks, smashed bureaus, overturned wardrobes – everything topsy-turvy just as the Yankees had left them. No use to put things in order to be again disturbed. But worse, far worse than all the mental agony from fear of personal violence and insult.

The Yankees had entered the house every day for nearly two weeks. Every separate gang ransacked the house afresh, entering every room and taking whatever they desired. The mental suffering of these three ladies and of my child only fourteen-years-old during these two weeks can never be told.

As soon as I could get a word in edgewise, I told them my reasons for believing the Yankees had left the county, but at the same time my grave fears that they were returning or had already returned. If they desired to go out, they must do so immediately, [and] the wagons would be here tonight. Anything was preferable to a repetition of the dreadful suspense through which they had passed.

In the afternoon I walked over to my own place to see Calder, the overseer. I received from him a detailed and most doleful account of [my] losses and the behavior of the negroes. Every living thing taken or destroyed, all the horses, the mules, the hogs (of which there were 100 head), cattle, chickens, ducks, every wheeled vehicle, also much corn, but none of the rice and cotton.

The negroes throughout the country he represents as in a state of complete insubordination – no work of any kind done. The Yankees had not only stripped him, Calder, of everything but had personally maltreated him and his family. They have treated overseers everywhere, I hear, harshly, and the negroes too take the opportunity of showing their dislike. To me and Sister’s family the negroes are extremely kind and considerate, even affectionate. Sister and her family are served as usual, and even more kindly and faithfully than usual.”

(‘Ware Sherman: A Journal of Three Months Personal Experience in the Last Days of the Confederacy. Joseph LeConte. LSU Press, 1999. Original 1937. pp. 29-32)

The following is excerpted from a review of author Michael Fellman’s “Citizen Sherman: A Life of William Tecumseh Sherman (Random House, 1995). The reviewer is John Y. Simon of the Southern Illinois University at Carbondale, 1996.

Sherman’s Final Solution

“In 1875, a fellow officer reported to [General] Sherman that Indians in Florida were receiving training as soldiers and might eventually return to police their tribes [out West]. Sherman wrote in response that this experiment, if successful, might present a “final solution to the Indian problem.” (pg. 260). Sherman could write that that some Indians were “more to be pitied than dreaded” and others deserved pursuit with “vindictive earnestness” to the point of “extermination, men, women and children.” (pg. 264).

What is termed “total war” can be said to begin with the birth of the modern state, in which war became an instrument of national policy. Though the north’s “Lieber Code” of early 1863 clearly protected civilians from the barbarous acts of invading northern armies, senior officers such as Sherman had evolved their own personal philosophy of war clearly at variance with official pronouncements. Despite the “Code”, Sherman’s brutal conduct found no opposition from Lincoln or Grant.

Americans Civilians Suffer Total War

“The march of the Federals into our State,” says a writer in the Columbia [South Carolina] Phoenix, “was characterized by such scenes of license, plunder and conflagration as showed that the threats of the northern press, and that of their soldiery, were not to be regarded as mere brutum fulmen.

Daily, long trains of fugitives lined the roads, with wives and children, and horses and stock and cattle, seeking refuge from their pursuers. Long lines of wagons covered the highways. Half-naked people cowered from the winter under bush-tents in the thickets, under the eaves of houses, under the railroad sheds and in old cars left along the route. All these repeated the same story of suffering, violence, poverty and nakedness. Habitation after habitation, village after village – one sending up its signal flames to the other, presaging for it the same fate – lighted the winter and midnight sky with crimson horrors.

“No language can describe, not can any catalogue furnish, an adequate detail of the widespread destruction of homes and property. Granaries were emptied, and where the grain was not carried off, it was strewn to waste under the feet of the [Yankee] cavalry, or consigned to the fire which consumed the dwelling. The negroes were robbed equally with the whites of food and clothing. The roads were covered with butchered cattle, hogs, mules, and the costliest furniture. Valuable cabinets, rich pianos, were not only hewn to pieces, but bottles of ink, turpentine, oil, whatever could efface or destroy, were employed to defile and ruin. Horses were ridden into the houses.

“The beautiful homesteads of the parish country . . . were ruined; ancient dwellings of black cypress, one hundred years old, which had been reared by the fathers of the Republic – men whose names were famous in Revolutionary history – were given to the torch as recklessly as were the rude hovels; choice pictures and works of art from Europe, select and numerous libraries, were all destroyed.

The inhabitants, black no less than white, were left to starve, compelled to feed only upon the garbage to be found in the abandoned camps of the northern soldiers. The corn scraped up from the spots where the horses fed has been the only means of life left to thousands but lately in affluence.”

(The Desolate South, 1865-1866. John T. Trowbridge; Gordon Carroll, ed. Little, Brown and Company, 1956, pp. 294-296)