Circa1865

By May of 1862, Lincoln demanded more troops from Northern governors who responded that their citizens “had developed an immunity to patriotic appeals,” and some other inducement than oratory was required. This was to begin the North’s descent into the hiring of well-paid mercenaries with which to subdue the truculent American South. During the war, the US government would pay – with its fiat money greenbacks – roughly $750,000,000 in recruitment bounties for soldiers.

Bounties Produce Bounty-Jumpers

“[Northern] governors were finding that Lincoln’s threat of a draft a compelling reason to raise men. An exception, however, was found in Ohio, where blunt Governor John Brough did not face the problem of reelection in 1864. Freed from the political anxieties that weighed upon his colleagues, Brough had time to think of the costs of the recruiting program.

Under the threat of Lincoln’s draft, States, counties and townships had been giving bounties, bidding higher and higher for the lives of men, until it was possible for a potential soldier to obtain a thousand dollars for joining the army. The local communities were bankrupting themselves to avoid the draft of their citizens. The system, as Brough saw it, was destroying the confidence of the people in the government, was compounding corruption and undermining patriotism.

Brough’s solution, however, was political suicide: Let the States fill their quotas by their own drafts and let them agree to a common bounty policy. When Stanton reported to Congress that the governors asked for delays in drafting, Brough hastened to disclaim any such intention. The financial situation was bad, and recruiting had ceased: Brough wanted the draft made promptly.

But more than he wanted a draft, Brough wanted an end to the war. The bounty-bought enlistments did not produce soldiers; they only contributed bounty jumpers.”

(Lincoln and the War Governors. William B. Hesseltine. Alfred A. Knopf, 1955. Pp. 349-350)

Ironically, New York’s Irish Brigade was led by Thomas Meagher, a rebellion leader in the 1848 drive for Irish independence. Captured and sentenced to death – though commuted to life in prison – he escaped to America and organized a unit of New York Irishmen. Many Irish emigres served in the Southern armies, greatly concerned that northern victory would bring a flood of emancipated slaves northward to obtain the low-paying jobs on which they depended.

His brigade was decimated at Fredericksburg in December 1862 while advancing on Lee’s well-defended position at Marye’s Heights with 1600 men and soon retreating with barely 1000 able to walk. After further decimation at Chancellorsville and Gettysburg, Meagher’s brigade was reduced to well-under regimental strength with 600 men.

Postwar, Meagher was appointed Secretary of State for the Montana Territory by Andrew Johnson, and later as Territorial Governor. He fell off a steamboat and drowned in 1867 under mysterious circumstances, believed to be intoxication, suicide or possibly a political murder.

Irish Brigade

“At Fredericksburg the Irish Brigade was almost wiped out. When it became apparent to [its] leader that there was no prospect of being allowed to recruit new members for the New York regiments of the brigade, it was decided to consolidate the three regiments with perhaps 300 effective men into a battalion of six companies and muster out [unneeded] officers. General Meagher had previously asked leave to resign, as his brigade no longer existed except in name.

Meagher thought it a mockery to keep up a brigade with the few men left and great wrong to consolidate regiments that had attained great renown. Although its 63^rd Regiment served through the Wilderness Campaign – its ranks being recruited by the addition of three new companies and by augmentations – as a distinctive Irish organization it may be regarded as nonexistent after Meagher’s resignation.”

(Foreigners in the Union Army & Navy. Ella Lonn. LSU Press, 1951. p. 122)

In late-March 1861 it was believed by most Americans in the South – even those devoted to political independence from the north – that the policy of secession was the surest way of securing a redress of grievances from northerners – and hopefully bring them back to respecting constitutional principles. Lincoln’s proclamations of war came instead, backed by troops from northern States.

A Northern Conspiracy

“In late March 1861 the understanding in Washington was that the newly inaugurated president had determined to withdraw all United States forces from the limits of the newly formed Confederate States.

It was at this juncture, however, that seven Northern Governors hastened to Washington, and then and there organized their “Conspiracy,” and by appeals to Mr. Lincoln, and tendering to him their organized military forces, caused him to change his policy and to adopt theirs, which aimed at an entire overthrow of the Constitution of the United States and the federative principles of government upon which it was based.

It was by and through its active agency that Mr. Lincoln’s policy was changed, though not communicated to the Confederate States commissioners who were left with peaceful assurances from Lincoln’s Secretary of State, Seward.”

(A Constitutional View of the Late War Between the States, Vol. II. Alexander H. Stephens Sprinkle Publications, 1994 (original 1870), p. 354)

Gen. Henry Halleck told his invasion forces in 1861 that Southerners “have been warned that we come to oppress and plunder. By our acts we will undeceive them.”

In November 1861, Gen. John Dix prepared his invasion of Virginia’s eastern shore and spoke of “giving [Virginians] them the strongest assurances of kind treatment and protection . . . they may be gained over without bloodshed.” Dix added that Virginians “have got it in their heads that we want to steal and emancipate their Negroes.” Despite these pronouncements of deliverance from despotic “rebel” rule, the reality told a different story.

A colonel of the 20^th NY Volunteers at the Outer Banks of North Carolina wrote his commanding officer: “I regret to be compelled to state that the conduct of the men and some officers of my command has been that of vandals.” The descent into total war had begun.

Not a War of Oppression

“Few northerners sought the overthrow of slavery, for although most considered the institution morally corrupting and economically stifling and wanted to halt its spread, they deemed blacks unfit for freedom in a republic.

The northern-dominated U.S. Congress of July 1861 affirmed the narrow goals of the Crittenden Resolution, which it passed with hardy a dissenting vote. It declared “that this war was waged, on our part, in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of these States, but to defend and maintain the supremacy of the Constitution and to preserve the Union, . . . as soon as these objects are accomplished the war ought to cease.”

These last twelve words reflected a fear that a prolonged war might rage out of control, burst its bonds and devour the very ideals and institutions it was meant to preserve. Lincoln himself worried that an extended conflict would “degenerate into a violent and remorseless revolutionary struggle.”

(When the Yankees Came: Conflict & Chaos in the Occupied South, 1861-1865. Stephen V. Ashe. UNC Press, 1995, pp. 25-27)

The author below records that when Gen. Hooker took command of the Army of the Potomac in late-Jan. 1863, desertions were occurring at a rate of several hundred a day – with about 25 per cent of his assumed strength missing. Senator Henry Wilson stated on the Senate floor in March 1864 that some 40,000 soldiers had already deserted despite executions occurring almost daily in that army.

Northern Desertions, 1863

“Perhaps Lee and the commanders in the South saw with the eyes of the Union scout who wrote from Virginia on November 20, 1862, that desertions form Union lines were so frequent as to be disgusting to Southerners as well.

It is about this time that Lincoln recognized and presented the situation in realistic terms. He pointed out to a group of women calling upon him that while Gen. McClellan was constantly calling for more and more troops, that deserters and furloughed men outnumbered the new recruits; and that while that general had 180,000 men on the rolls for the Antietam battle, he had had only some 90,000 with which to enter the fight, as 20,000 men were in hospitals and the rest “absent,” and that within two hours after the battle, some 30,000 had straggled and deserted.

Northern General Pope in September of that year had reported the straggling as so bad that unless something were done to restore tone to the army, it would “melt away before you know it.”

No less a figure than Gen. Halleck charged that not a few Northern soldiers voluntarily surrendered to the enemy in order to be paroled as prisoners of war. Even the vigilance of escorts and guards was materially affected by the alluring thought that captivity meant liberty and relaxation. Many Northern soldiers, according to Generals Meade and McClellan, dispersed and left during the Antietam battle.

Every Northern defeat was marked by a long line of stragglers and deserters, who, if the outcome had been different, would probably have remained to press on the advantage. And the number absent without leave in late December 1862, after Gen. Burnside’s disaster at Fredericksburg, worsened the losses and the demoralization of Lincoln’s army was complete.”

(Desertions During the Civil War. Ella Lonn. University of Nebraska Press, 1998, pg. 144-145. (original American Historical Association, 1928)

John W. Burgess of Pulaski, Tennessee was 17 years old when invading northern armies occupied his State. When Southern cavalry came to enlist him for the State’s defense, his Rhode Island-born father encouraged John to escape into the woods and northern-held western Tennessee. Reaching occupied Jackson, he and an accomplice were enlisted as scouts to lead northern cavalry against Gen. Bedford Forrest.

At war’s end John attended Amherst College in Massachusetts and became acquainted with newspaper editor Franklin Sanborn. The latter, like Burgesses father, were abolitionist northerners who had regained their sense of morality regarding Africa’s people and distanced themselves from New England’s transatlantic slave-trading past.

Treason in the South

“There was another cause of great mental distress to me in the situation in which I found myself. I was regarded by most of those whom I had grown up as a traitor to my country. It was entirely useless for me to say I recognized only the United States as my country and regarded the secession of Tennessee and its connection with the Southern Confederacy as void acts . . . Their political horizon was bounded by the frontiers of their State and their only conception of sovereignty was “State rights.”

They would turn their faces away from me with undisguised contempt and hatred whenever we met, and I was made to feel full well that I must never fall alive into the hands of the Confederate military. In such case, I was entirely and fully aware that I would not have been accorded the honor of facing the firing squad but would have been hung from the first limb which could have been reached.

In constant danger of capture or abduction, I spent many anxious days and sleepless nights reflecting upon my possible, and at times seemingly probably fate.”

(Reminiscences of an American Scholar, John W. Burgess, Columbia University Press, 1934; pp. 32-33)

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)

$300 Patriots and Deserters

“As a sideline to his regular clothing business, [John N.] Eitel was a recruitment broker. During the Civil War, recruitment for the [north’s] armed services fell largely into private hands. The government itself at first encouraged private recruiting by offering a two-dollar premium to any person who brought in a recruit who was accepted into service.

Gradually this led to private brokers all but taking over the supply side of the recruiting system. And nowhere were they more active than New York City, where the New York County Board of Supervisors offered a $300 bounty for volunteers and permitted another committee to use private brokers for distribution of the bounties. When a man volunteered in New York, the broker who brought him in paid the soldier a part of the bounty price agreed upon beforehand. Then the soldier would assign the whole bounty to the broker, who would collect $300 from the New York County committee. Three hundred dollars constituted a substantial sum of money in those days, and there were thousands of recruits, the bloodiest war in American history.

Opportunities for fraud were abundant in this system not only because of the middlemen and the vast sums of money involved, but also because of the rather primitive record keeping. War Department Detective Col. Lafayette Baker wrote: “Another manner of desertion, and by far more generally practiced [between May and October 1864], was by permitting recruits to desert in transit from the rendezvous in New York to the Island or receiving ships.”

The problem of northern draftees buying substitutes in 1863 bedeviled Lincoln’s unending need for troops. Historian William Marvel writes: By early September administration officials claimed that a thousand conscripts a day were arriving in the national capital, but those men came under increasingly heavy guard. Most of them had enlisted as substitutes [and were described by one New York captain as ‘the ugliest set of Devils that ever went unhung’. Thieves thickly seeded every lot, ready to stomp or stab anyone who resisted their pilfering. Sergeants were soon tying or locking up many of the rest to prevent them from running off, but they still drained away to the rear – or to the enemy.” (Lincoln’s Mercenaries, Marvel, pg. 191).

(The Fate of Liberty: Abraham Lincoln and Civil Liberties. Mark E. Neely, Jr. Oxford University Press. 1991, pp. 95-96)

The public mind of the North from April through the summer of 1865 was one of vengeance, blood and death to the “rebels.” The South was roundly blamed for “treason” as well as the horrors of Andersonville, though it was Grant – with Lincoln’s approval – who refused Southern offers of food, medicines and medical care for Northern prisoners.

The War Secretary’s Government

“The secret papers of the Lincoln administration had been kept sealed at the request of his heirs until certain persons named therein were dead. It is difficult to understand why Lincoln’s family wished to protect those at whom the finger of suspicion would have pointed by disclosure of these papers after his murder. For the papers indicated that Lincoln’s Secretary of War, Edwin M. Stanton, had prior knowledge of the reported plot of John Wilkes Booth and others at Mrs. Surratt’s boarding house in Washington, but had failed to either warn Lincoln or give him special protection.

It was obvious to observers at the time that the real beneficiary, should the plot have succeeded in killing the Vice-President and Secretary of State also would have been the Secretary of War – Stanton himself – who would have been next in line for the Presidency. Moreover, the Radical Republicans had refused to support Lincoln at the 1864 party convention, and this was the faction supported by and supporting Stanton in the disputes following Andrew Johnson’s accession.

Immediately following Lincoln’s assassination, Stanton was in full control of the government through martial law and was in charge of the trials of the so-called conspirators. While the hanging of so many persons without a civil trial did not arouse much comment abroad, the execution of Mrs. Surratt, because Booth had lodged at her house, was the subject of considerable discussion.

It is revealed in official testimony that Mrs. Surratt was offered her life if her son would give himself up. An effort was made by high members of the US government, including members of Congress, to obtain a civil trial for her. But the War Secretary refused on grounds that the executions were necessary to avert panic among the populace. This would indicate, of course, that the outcome of the military trial was predetermined.

Newspapers in France and Mexico began to refer to the Washington government as the “murderers of Mrs. Surratt.” The North’s bitterness against her son, Johnny Surratt, was heightened by the rumor that he was one of the leaders in the Confederate raid on St. Albans, Vermont, from Canada. A reward of $50,000 was offered for his apprehension but was never collected.”

(The Saga of Felix Senac: Legend and Life of a Confederate Agent in Europe. Regina Rapier, Bulletin of Art & History, No. 1, 1972. pp. 182-183)