Circa1865

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)

The writer(s) of “Lincoln, as the South Should Know Him,” below, were comparing Sherman’s atrocities to the German invasion of Belgium in 1914. The latter may have been more British propaganda aimed at drawing the US into the war, but the point was made that Kaiser Wilhelm’s troops were kind soul’s when compared to Sherman’s bummers. And the point is well made that the commanders, Sherman and Lincoln, were ultimately responsible for the behavior and criminality of the army.

Bernhard Thuersam, www.Circa1865.com

Sherman’s Brand of Pillaging

“One of [General Joe] Wheeler’s scouts, observing Sherman’s advance, reported that during one night, and from one point, he counted over one hundred burning homes. And as to the looting, a letter written by a Federal officer, and found at Camden, S.C., and after the enemy had passed, and given in the Southern Woman’s Magazine, runs as follows:

“We have had a glorious time in this State. The chivalry have been stripped of their valuables. Gold watches, silver pitchers, cups, spoons, forks, etc., are as common in camp as blackberries. Of rings, earrings, and breastpins I have a quart. I am not joking – I have at least a quart of jewelry for you and the girls, and some A1 diamond pins and rings among them. Don’t show this letter out of the family.”

Sherman long desired burning Columbia, in the most solemn manner calling his God to witness as to his truthfulness. When, after the overwhelming evidence that he did burn it was adduced, he unblushingly admitted the fact, and that he had lied on Wade Hampton with the purpose of rendering him unpopular, and thereby weakening his cause. But a mere lie shines white against the black ground of Sherman’s character.

The necessities of war demanded that Sherman live off the country he traversed. Those elastic necessities may have been stretched to demand that he destroy even the pitiful stint of food that the South had left; that he wrest the last morsel from the mouth of the mother and babe, lest, perchance, some crumb thereof reach and nourish the men at the front.

But what necessity of war, except that brand that Sherman fathered and sponsored, demanded that the torch follow the pillager, that every home be burned, and famishing mother and babe be turned out in midwinter to die of cold and exposure?

It is a maxim of war, as it is of common sense, that the higher the rank the greater the fame or blame for any given act. Above the perpetrator stood the commander of the army. Sherman; above Sherman stood the commander-in-chief of all the Federal armies, Abraham Lincoln. If Lincoln ever discountenanced Sherman and his methods, he never gave word to it, and he was a man of many words.”

(Lincoln As the South Should Know Him, Manly’s Battery Chapter, Children of the Confederacy, Raleigh, North Carolina, 1915?, excerpts, pp. 2-8)

Below, a young Massachusetts corporal writes of the “justness and greatness of their cause” as he and his regiment invade a formerly peaceful North Carolina, and wage war against old men, women and children, in what the North falsely believed to be the “heroic spirit of the fathers of the Revolution.”

Bernhard Thuersam, www.Circa1865.com

Unleashed Brutes in North Carolina

“In The Country of the Enemy” (A Diary)

Dec. 22, 1862:

At one point the column was confronted by a spunky secesh female, who, with the heavy wooden rake, stood guard over her winter’s store of sweet potatoes. Her eyes flashed defiance, but so long as she stood upon the defensive no molestation was offered her. When . . . she changed her tactics and slapped a cavalry officer in the face, gone were her sweet potatoes and other stores in the twinkling of an eye. (page 102)

Feb 8th, 1863:

On our way back to New Bern, when in my last, I gave currency to the rumor that the object of our expedition to Plymouth was accomplished. But yesterday noon an order from headquarters addressed to our right wing, directing us to put ourselves in light marching order, with 24 hours rations of hard tack in our haversacks . . . told us something was (a) foot. We noted suspiciously the twinkle in the eye of the quartermaster, but fell in at the word of command, and were soon marching out of Plymouth on the “Long Acre Road.”

Leaving the Washington road on our right . . . we found ourselves repeating the old familiar tramp, tramp through the mud and sand and water of North Carolina, past weather-stained but comfortable looking homesteads; past small plantations, through pine woods, through creeks and over bridges.

We were not long in ascertaining the fact that we were on a foraging expedition, and if history should call it a reconnaissance, the misnomer will never restock the stables and storehouses, the bee-hives and hen-roosts, that night depleted along the road of Long Acre.  We received an early hint that we were going to capture a lot of bacon twelve miles out of Plymouth, but if the residents along the road this side that point managed to save their own bacon and things, they certainly had reason to bless their stars.

If it would not be considered unsoldierly and sentimental, your correspondent might feel inclined to deprecate this business of foraging, as it is carried on. It is pitiful to see homes once, perhaps, famed for their hospitality, entered and robbed; even if the robbers respect the code of war. It is not less hard for women and children to be deprived of the means of subsistence because their husbands and sons and brothers are shooting at us from the bush. But war is a great, a terrible, an undiscriminating monster, and no earthly power may stay the ravages of the unleashed brute.

At last (about half-past ten o’clock) we halted, and were happy to be informed that the object of the expedition was accomplished. The column was near a house. After making somewhat particular inquiries we were informed that we had captured a dozen barrels of pork, and that the chaplain, as a temperance measure, had resolutely knocked in the head of a barrel of sweet cider, but not, however, until a few enterprising fellows had filled their canteens with the delicious beverage.

We were now ready to countermarch, and five o’clock this morning found us again at Plymouth, after a night march of twenty-five miles.

New Bern, Feb. 17, 1863:

We are visited occasionally at New Bern by friends from Boston. [Rev. Dr. Lothrop, who] . . . preached to the regiment on the 15th. He favored us with an admirable discourse from the words, “keep thy heart with all diligence, for out of it are the issues of life.” We need frequent reminders of the justness and greatness of our cause to keep our hearts warmly engaged in a service so full of sacrifice as this. I fear we have too little of the martyr-spirit which saves a people, and that the North must make up in numbers and treasure what it lacks in the heroic spirit of the fathers of the Revolution.”

“In The Country of the Enemy,” Diary of a Massachusetts Corporal, University Press of Florida, 1999, pp. 129-131

Author Walter Webb asserted that “The North reduced to the vanishing point the economic power of the South . . . the armies had taken much, but their damage was small in comparison with that which the politicians wrought later.” The only thing the North failed to do after the war is destroy the spiritual power and pride of the South, even after marital law, enfranchising their former slaves into rulers, and revolutionizing the Southern social structure. As Webb further relates, “This is the supreme act of degradation, one that has no parallel in world history. This was the Second American Revolution.”

Bernhard Thuersam, www.Circa1865.com

Tariffs & War Pensions of the North

“The North did not stop with settling old sectional disputes in its favor. Since 1861 it has, through control of the government, legislated for itself subsidies, pensions, privileges, and bonuses which would, if totaled, make the government expenditures of recent years seem less appalling. The most lucrative bounty that the North has conferred upon itself, largely at the expense of the other two sections, is the high protective tariff. It is true that the protective tariff was not a new problem, but one that has been long disputed in Congress.

When the tariff bill of 1828 was under consideration, a Massachusetts manufacturer, Abbott Lawrence, wrote Daniel Webster sagely about the amendments. Lawrence thought the bill improved as to woolens and some thought the bill now good enough.

“I must say,” wrote Webster’s political and economic advisor, “I think it would do much good, and that New England would reap great harvest by having the bill adopted as it now is . . . This bill if adopted as amended will keep the South and the West in debt to New England the next hundred years.”

Since the Civil War the tariff wall has been built higher and higher, not so much for a nation as around and for the benefit of a section. For seventy-five years, and more, the tariff [cornucopias] hung over the North, showering it with thousands of blessings and billions of dollars, bringing it without doubt the greatest gift that any modern government ever bestowed on one group of people at the expense of other groups.

Abbott Lawrence was right. His hundred years has passed, and almost a decade to boot, and the South and West are still in debt to the North, more deeply than they were in 1828. Less remunerative, but no less partial to the North and equally prejudicial to the South and the West, were the federal Civil War pensions.

The pension system was put into effect in 1862, about the time the first bandages were removed. After hostilities ceased pensions grew in number and in amount and in a manner most gratifying to recipients and incidental beneficiaries. No need to dwell on the frauds, lying, broomstick wives, attorneys, and perjurers.

The Grand Army of the Republic was powerful at the polls, where it won a far larger percentage of victories than it won against the armies of Lee. No politician dared deny the soldier who had saved the Union a lifelong government subsidy which was paid impartially to the pauper and the millionaire.

By 1875, the government was giving Northern soldiers $29,000,000 annually. This had jumped to $60 million in 1879, to $89 million in 1889, to $159 million in 1893, and to $180 million in 1912. The peak was not reached until 1923, when the veterans received the sum of $238,924,872.

(Divided We Stand, The Crisis of a Frontierless Democracy, Walter Prescott Webb, Farrar & Rinehart, Inc., 1937, pp. 19-20)

Lincoln’s Northern Opposition

After Sharpsburg in mid-1862, and especially Fredericksburg in late December 1862, the tremendous casualties all but stopped volunteering in the North and Lincoln considered conscription – in reality a whip to encourage enlistments. Northern governors feared electoral defeat at the hands of their constituents, which Lincoln solved by allowing paid substitutes, generous enlistment bounties and captured Southern blacks to meet State quotas.

Horatio Seymour, himself elected governor of New York during the tidal wave of Democratic Party victories in the fall of 1862, rightly felt that a majority of Northerners did not support Lincoln in his prosecution of the war. To combat Northern Democrats who questioned his war, Lincoln, his Republican governors and political generals tarred them with treasonous activities and threats of imprisonment.  Northern newspapermen who editorialized against the war found the latter a reality.

In an early October 1864 speech in Philadelphia, Seymour told his audience that the Northern armies crushing the South would imperil their own liberties, stating that “only then would the deluded people of the North see the full extent of Lincoln’s dictatorial administration – the price of the South’s conquest would be a government by bayonets.

“These victories will only establish military governments at the South, to be upheld at the expense of Northern lives and treasure. They will bring no real peace if they only introduce a system of wild theories, which will waste as war wastes; theories which will bring us to bankruptcy and ruin. The [Lincoln] administration cannot give us union or peace after victories.”

Calling attention to the fact that Senator Charles Sumner would “reduce the Southern States to the condition of colonies” – whereas the President planned to receive them back into the Union whenever one-tenth of the population should declare itself loyal – Seymour foresaw the stubborn conflict which followed the murder of one President and provoked a brazen plan to remove another.

Pointing to the words and acts of members of Congress like Thaddeus Stevens, he declared that “neither Mr. Lincoln nor his Cabinet” now had “control over National affairs.” They were powerless to induce Congress to undo all it had done; the President’s hands were now manacled.”

If the voters returned the Republicans to power, they would learn two bitter lessons: first, that it “is dangerous for a government to have more power than it can exercise wisely and well,” and second, that they could not “trample upon the rights of the people of another state without trampling on [their] own as well.”

Seymour was the Democratic candidate for president in 1868, opposing Grant.  The latter won a close victory by a majority of 300,000 votes out of 5,700,000 cast; historians credit Republican regimes in the South with disenfranchising whites while delivering the 500,000 freedmen votes which lifted Grant to victory.

(See: Horatio Seymour of New York, Harvard University Press, 1938, pp. 374-375)

After conquering and humiliating the South, the North’s next step was to re-educate the rising generations of Southern youth while herding the freedmen into the Republican Party to ensure political supremacy in the conquered region. The South’s history had to be rewritten; “its history was tainted by slavery and must be abjured,” and Southern children must learn to speak of “our Puritan fathers.”

Bernhard Thuersam, www.Circa1865.com

The South to Receive a Proper Education

“For ten years the South, already ruined by the loss of nearly $2 billion invested in its laborers, with its lands worthless, its cattle and stock gone, its houses burned, was turned over to the three millions of slaves, some of whom could still remember the taste of human flesh and the bulk of them hardly three generations removed from cannibalism. These half-savage blacks were armed.

Their passions were roused against their former masters by savage political leaders like Thaddeus Stevens [of Pennsylvania], who advocated the confiscation of all Southern lands for the benefit of the Negroes, and extermination, if need be, of the Southern white population; and like Charles Sumner [of Massachusetts], whose chief regret had been that his skin was not black.”

Not only were the blacks armed, they were upheld and incited by garrisons of Northern soldiers; by Freedmen’s Bureau officials, and by Northern ministers of the gospel, and at length they were given the ballot while their former masters were disarmed and, to a large extent, disenfranchised.

For ten years, ex-slaves, led by carpetbaggers and scalawags, continued the pillages of war, combing the South for anything left by the invading armies, levying taxes, selling empires of plantations under the auction hammer, dragooning the Southern population, and visiting upon them the ultimate humiliations.

After the South had been conquered by war and humiliated and impoverished with peace, there appeared still to remain something which made the South different – something intangible, incomprehensible, in the realm of the spirit.

That too must be invaded and destroyed; So there commenced a second war of conquest, the conquest of the Southern mind, calculated to remake every Southern opinion, to impose the Northern way of life and thought upon the South, write “error” across the pages of Southern history which were out of keeping with the Northern legend, and set the rising and unborn generations upon stools of everlasting repentance.

Francis Wayland, former president of Brown University, regarded the South as “the new missionary ground for the national school-teacher,” and President Hill of Harvard looked forward to the task for the North “of spreading knowledge and culture over the regions that sat in darkness.”

The older generations, the hardened campaigners under Lee and Jackson, were too tough-minded to re-educate. They must be ignored. The North must “treat them as Western farmers do the stumps in their clearings, work around them and let them rot out,” but the rising and future generations were to receive a proper education in Northern tradition.”

(The Irrepressible Conflict, Frank Lawrence Owsley; I’ll Take My Stand, The South and the Agrarian Tradition by Twelve Southerners, LSU Press, 1977 (original 1930), pp. 62-63)

The General Payne (Paine) below was an Ohio lawyer and prewar friend of Abraham Lincoln. He was formally reprimanded for brutality toward civilians in Kentucky, and known to have allowed Southern prisoners to ride away on old horses and chasing them down to be killed.    Mrs. T.J. Latham later became president of the Tennessee Division, United Daughters of the Confederacy and State Agent for the Jefferson Davis Monument Fund. She also raised funds for the Nathan Bedford Forrest Monument.

Bernhard Thuersam, www.Circa1865.com

Terror, Looting and Banishment in Tennessee

“Mrs. Latham was married at her home in Memphis just at the beginning of the war to T.J. Latham, a young attorney and Unionist of Dresden, Tenn., their home till the close of war.

Dresden was debatable ground, subject to raids by “bushwhackers” and “guerillas,” one week by one side, and the next week by the other. These incursions, frequent and without notice, were sometimes to arrest “disloyal” citizens and always to secure every good horse, or any moveable article they could make available.

From these harassing surroundings, Mr. Latham sought refuge by making Paducah his home, but passing much of his time in New York. The notorious Gen. [Eleazer A.] Payne was in charge at Paducah, and soon became a terror to every one suspected of being a Southern sympathizer. Soon after the famous Forrest raid into Paducah, Payne’s reign became much more oppressive and unbearable. Nero in his prime did not exceed him in heartless cruelty.

The couple with whom Mr. and Mrs. Latham boarded also came from Dresden. They were highly estimable people and had a son in the army. [The gentleman] was quite old and feeble, and under excitement subject to apoplectic attacks. Payne had him arrested. [His wife] fainted and he became alarmingly excited, appealing to Mrs. Latham to go with him, fearing, he said, that Payne’s Negroes would shoot him.

She went, and the first sight that confronted her at headquarters was a lovely woman at on her knees at Payne’s feet, praying for the release of her son, who was arrested the day before while plowing in the field a few miles from the city. Being refused, she asked what in deepest anguish: “What will you do with him?”

“Have him shot before midnight, Madam, for harboring his brother, who is a Forrest Rebel,” and executed his threat.

Mrs. Latham was more fortunate, securing the release of her friend; but Gen. Payne then, addressing her, said he would pardon her and furnish carriage and the best white escort, if she would return to her home in Dresden and point out the Rebels.

Instantly she replied: “Never! Sooner than betray my country and three brothers in the army, I would die!”

Turning savagely to Mrs. Latham, he said: “You will hear from me soon, and T.J. Latham though now in New York, will be attended to. He is a fine Union man to have the impudence to visit Gen. [Napoleon] Dana, at Memphis, my commanding officer; and, with others, induce him to annul my order that no person having sons or brothers in the Southern army should engage in business of any kind in the Paducah district. I will teach him a lesson in loyalty he will remember.”

Next morning a lieutenant went to Mrs. Latham’s and ordered her to get ready, as Gen. Payne had banished her with about ten other women to Canada. He advised her that he had selected Negro soldiers as a guard. The white captain wired for meals for his “prisoners.” At Detroit the militia was ordered out to insure the safe transportation of a dozen women and children prisoners across to Windsor. On landing, John [Hunt] Morgan and many of his men and others gave them a joyous greeting, and at the hotel they sang Dixie war songs till a late hour.

Thence Mrs. Latham went to New York to join her husband. Mrs. Payne advised [her husband and others] of Payne’s despotic rule, and it was soon known to “honest old Abe” and Gen. Grant. A committee of investigation and a court-martial soon followed, with the speedy relief of Paducah of the most obnoxious and cruel tyrant.

In [Gen. Payne’s] desk were found letters [to his subordinates] saying: “Don’t send any more pianos or plated silver or pictures; all the kin are supplied. But you can send bed linen and solid silverware.”

(United Daughters of the Confederacy, Annual Convention at Montgomery, Alabama; Confederate Veteran, December, 1900, pp. 522-523)

The following quotation copied from the “Annual Reports, 1861-65, of the United States Sanitary Commission, appeared in the July issue of Confederate Veteran magazine in 1930. It is extracted from a published statement in Boston by Gen. Samuel G. Howe, in early 1862. He laments the lack of moral fortitude in the average Northern soldier.

Bernhard Thuersam, www.Circa1865.com

That “Superior” Army

“Our men in the field do not lack food, or clothing, or money, but they do lack noble watchwords and inspiring ideas, such as are worth fighting and dying for. The Southern soldier has what at least serves him as such; for he believes that he fights in defense of country, home, and rights; and he strikes vehemently, and with a will.

Our men, alas! have no such ideas. The Union is to most of them an abstraction, and not an inspiring watchword. The sad truth should be known – that our army has no conscious, noble purpose; and our soldiers generally have not much stomach for fight.

Look at the opposing armies and you will see two striking truths. First, the Northern men are superior in numbers, virtue, intelligence, bodily strength, and real pluck; and yet on the whole they have been outgeneraled and badly beaten.

Second, the Northern army is better equipped, better clad, fed and lodged; and is in a far more comfortable condition, not only than the Southern army, but any other in the world; and yet, if the pay were stopped in both, the Northern army would probably mutiny at once, or crumble rapidly; while the Southern army would probably hold together for a long time, in some shape, if their cause seemed to demand it.

The animating spirit of the Southern soldier is rather moral than pecuniary; of the Northern soldier it is rather pecuniary than moral.”

(Gen. Samuel Howe, US Army, February 20, 1862, Confederate Veteran Magazine, July, 1930, pg. 251)

Wartime Governor Zeb Vance of North Carolina compared the “gentler invasion of Cornwallis in 1781” with Sherman’s hordes in 1865, noting Cornwallis’s order from Beattie’s Ford, January 28, 1781: “It is needless to point out to the officers the necessity of preserving the strictest discipline, and of preventing the oppressed people from suffering violence at the hands of whom they are taught to look to for protection . . . ”

Bernhard Thuersam, www.Circa1865.com

Appalling the Horde of Genghis Khan

“Vance considered it apparent to every intelligent observer as 1865 dawned that the Confederacy was doomed. Lee was holding Richmond with what he described as “a mere skirmish line.” In twenty miles of trenches, Grant faced him with 180,000 men. Savannah had fallen and while the south still held Wilmington and Charleston, their loss was inevitable.

Sherman with 75,000 troops was preparing for the “home-stretch toward Richmond,” driving the scattered Confederate detachments – not more than 22,000 – before him. Enemy cavalry overran the interior of the Confederacy. “Nowhere,” Vance continued, “was there a gleam of hope; nowhere had there come to us any inspiring success. Everything spoke of misfortune and failure.”

Vance was most critical of the conduct of Sherman’s army and the “stragglers and desperadoes following in its wake.” He was severe in his castigation of the Federal commander.

“When a general organizes a corps of thieves and plunderers as a part of his invading army, and licenses beforehand their outrages, he and all who countenance, aid or abet, invite the execration of mankind. This peculiar arm of the military service, it is charged and believed, was instituted by General Sherman in his invasion of the Southern States.

Certain it is that the operations of his “Bummer Corps” were as regular and un-rebuked, if not as much commended for their efficiency, as any other division of his army, and their atrocities were often justified or excused on the ground that “such is war.”

Vance in his denunciation of Sherman was not able to look ahead to wars in which supposedly enlightened nations would make civilians their main target, devastate entire cities to break down morale and the will to resist, and degenerate warfare to a barbarity that would have appalled the horde of Genghis Khan.”

[Vance continued:] “The whole policy and conduct of the British commander was such to indicate unmistakably that he did not consider the burning of private houses, the stealing of private property, and the outraging of helpless, private citizens as “War,” but as robbery and arson. I venture to say that up to the period when that great march [Sherman’s] taught us the contrary, no humane general or civilized people in Christendom believed that “such is war.”

(Zeb Vance, Champion of Personal Freedom, Glenn Tucker, Bobbs-Merrill, 1965, pp. 374-376)