Circa1865

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

Lieber’s Puzzling Code of War

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

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

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

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

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

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

An American Chamber of Horrors

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

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

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

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

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

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

Col. Joseph Newton Brown led the Fourteenth South Carolina Volunteers in the Gregg-McGowan Brigade at Gettysburg, and later at Spotsylvania. At Gettysburg’s Seminary battle his regiment lost heavily from enemy artillery, losing over 200 in killed and wounded out of 475 carried into action.  After the war Col. Brown became Anderson, South Carolina’s first millionaire, who built an imposing home on three acres of land on North Main Street in 1890. It was demolished in August, 1953.

Letter from Gardner’s Corner, South Carolina, Nov. 11, 1861

“Dear Mother, We marched from Pocotaligo yesterday and arrived at dark. This place is a junction of two roads which the enemy must pass in going to Charleston if they land anywhere east of the Salt River Ferry. We are ordered to retreat from this point in case of an attack by an overwhelming force. We passed [some] poor fellows yesterday evening . . . [who] barely escaped from being taken prisoners and had to leave all their baggage, tents and provisions and in fact brought nothing but their muskets with them.

But the worst remains to be told. The terror stricken inhabitants have left their homes and property in the possession of the enemy. We met them all the way and with tears in their eyes they encouraged us to strike for their homes and fireside. The ladies would talk to the meanest looking private and tell him the enemy was in his front and to meet them as became Carolinians.  The richest and finest dressed lady would ask the soldier if he was willing to fight for her.

You cannot imagine the dreadful state of things existing here. Plantations are deserted and Negroes by hundreds wandering through the country without a master or anyone to tell them what to do or where to go. The railroad trains are all crowded with women and children and the men have shouldered their guns, leaving all things else to take care of themselves.

Beaufort is deserted by the inhabitants and the enemy occupies it at his pleasure. The Negroes were left in the town and as soon as the whites had departed they broke open the stores and groceries and are now reveling in drunkenness and disorder. One man left his little children and went to hunt a place for their safety and on his return found a drunken Negro beating one of them nearly to death. The promise of freedom will ruin many a one which the master has depended on as faithful.

Direct [your letters] to Pocotaligo, Beaufort District, S.C. My love to all. Trusting that the God of Sumter and Manassas will be with South Carolina’s sons in the conflict before us, we will put our reliance in Him. I will write as often as circumstances will permit.

Your affectionate son, Joseph N. Brown

(A Colonel at Gettysburg and Spotsylvania, Varina D. Brown, The State Company, 1931, pp. 39-40)

A prewar antiwar Democrat in the Massachusetts legislature who “regularly spoke out against the abolition of slavery”, Benjamin Butler of Massachusetts rose in rank from militia officer but only noted for his lack of military skill. Earning the title “Beast” at occupied New Orleans in 1862, his command there and elsewhere were marred “by financial and logistical dealings across enemy lines, some of which probably took place with his knowledge and to his financial benefit.”

Lincoln’s General, Ben Butler

“[Lincoln’s private secretary John] Hay had some characteristic references to another notoriety of that period – Benjamin F. Butler – whom he met at Point Lookout in January, 1864.

“In the dusk of the evening,” he writes, “Gen’l Butler came clattering into the room where Marston and I were sitting, followed by a couple of aides. We had some hasty talk about business: he told me how he was administering the oath at Norfolk; how popular that was growing; children cried for it; how he hated Jews; how heavily he laid his hand on them; ‘a nation that the Lord had been trying to make something of for three thousand years, and had so far utterly failed.’ ‘King John knew how to deal with them – fried them in swine’s fat.’

At Baltimore we took a special car and came home. I sat with the General all the way and talked with him about many matters . . . He says he can take an army within thirty miles of Richmond without any trouble; from that point the enemy can either be forced to fight in the open field south of the city, or submit to be starved into surrender . . . He gave me some very dramatic incidents of his recent action in Fortress Monroe, smoking out adventurers and confidence men, testing his detectives, and matters of that sort. He makes more business in that sleepy little Department [of the James] than anyone would have dreamed was in it.”

At that sort of work Butler undeniably excelled; at fighting, his achievements were restricted to the feats he boasted he could perform when the enemy was at an entirely safe distance.”

(The Life and Letters of John Hay, Volume I, William Roscoe Thayer, Houghton Mifflin Company, 1908, pp. 142-143)

Marianna, Florida was a peaceful west Florida town of prewar Whigs who bitterly opposed their State’s secession. Aware of the theft and destruction Northern forces had visited upon other Florida towns, Marianna made ready to defend their homes. Though a disaster for the town, the old men and boys succeeded in causing sufficient casualties to thwart the enemy advance to Tallahassee, and force its retreat to Pensacola.

No Quarter for Old Men and Beardless Boys

“On the morning of the 25^th of September, 1864, the usually quiet town of Marianna, in west Florida, of about 2,000 inhabitants, was in a state of great anxiety over the report that the “Yankees were coming.”

The church bells were rung, calling out all citizens to the court house, where a meeting was held and resolutions passed to repel the invaders. A few Confederate soldiers, then at home and on sick leave, formed the nucleus of an organization which was at once perfected. Grayheaded old men, boys under 16 years of age within the town and ten miles around, regardless of previous Union sentiment, arrived with shotguns and formed what they themselves called “The Cradle and Grave Militia company,” in all about 200, and partly mounted.  They elected Captain Norwood, a prominent Unionist, as their captain, and reported for duty . . . full of ardor and brave endeavor. [Their commander formed a defensive] line with its right at the boarding-house and the left resting at the Episcopal church.

[The enemy invader] consisted of a battalion of the Second Maine cavalry . . . and several companies of deserters, the so-called First regiment of Florida Troops, and two full companies of ferocious Louisiana Negroes, in all about 600 . . . [the enemy] detached a part of his command to flank the village, and advanced the main body directly toward the church.

An indiscriminate firing began from the Confederate front and rear, the old men and beardless boys fighting like enraged lions, disputing every inch of ground. The contest was fierce and deadly for half an hour, when [the enemy commander] ordered the church, boarding-house and a private residence opposite burned.

The militia kept their ground manfully between the two walls of flames. In the meantime the Federal flanking party gained the rear of the militia and commenced an indiscriminate slaughter, giving no quarter to anyone. The Negro companies in particular acted in a most fiendish manner. Old men and boys who offered to surrender were driven into the flames of the burning buildings; young lads who laid down their arms were cut to pieces; others picked up bodily by stalwart Negro soldiers and thrown into the seething, burning church.

The half-charred remains of several of the half-grown boys were afterward found in the ruins of the church. The Confederates scattered in every direction, every man for himself, pursued by the Maine cavalry who kept up a steady fire on them. The whole fight lasted about an hour . . . [the enemy] would return to Pensacola with their prisoners, contraband and plunder.

The day after the fight, Marianna presented a pitiable sight. The dead and wounded lay all about, and the wails and cries of mothers, wives and sisters could be heard in every direction. Women and children searched for father, son or brother in the ashes of the burnt buildings. Here and there a charred thigh or ghastly skull was disinterred from the debris.”

(Federal Incursion to Marianna, J.J. Dickison, Confederate Military History, Clement A. Evans, editor, Confederate Publishing Company, 1899, excerpts pp. 114-117)

Prominent South Carolina theologian James H. Thornwell saw the sectional conflict as not being merely between abolitionists an slaveholders,” but waged on one side by “athiests, socialists, communists, red Republicans and Jacobins, and the other by the “friends of order and regulated freedom. In one word, the world is the battleground and Christianity and Atheism the combatants.” Thornwell saw the progress of humanity as being at stake in the war.  Among Lincoln’s staunchest supporters were Karl Marx, many influential German revolutionaries who had fled the failed socialist revolutions of 1840s Europe, and New England utopians.

If Our Enemies Prevail

“Some Southerners saw such deception [as Lincoln’s] coming, James H. Thornwell, a prominent Presbyterian preacher and seminary professor in South Carolina, predicted if the South were defeated, then the North would not only revolutionize “the whole character of the government” from ‘a federal republic, the common agent of the sovereign and independent States’ to a “central despotism, with the notion of States forever abolished,’ but also would brand the South with the stigma of slavery:

“And what have we to expect if our enemies prevail? Our homes, too, are to be pillaged, our cities and property confiscated, our true men hanged, and those who escape the gibbet, to be driven as vagabonds and wanderers in foreign climes. This beautiful country is to pass out of our hands. The boundaries which mark our States are, in some instances, to be effaced, and the State that remain are to be converted into subject provinces, governed by Northern rulers and by Northern laws.

Our property is to be ruthlessly seized and turned over to mercenary strangers, in order to pay the enormous debt which our subjugation has cost. Our wives and daughters are to become the prey of brutal lust. The slave, too, will slowly pass away, as the red man did before him, under the protection of Northern philanthropy; and the whole country, now like the Garden of Eden in beauty and fertility, will first be a blackened and smoking desert, and then the minister of Northern cupidity and avarice.

There is not a single redeeming feature in the picture of ruin which stares us in the face, if we permit ourselves to be conquered.  It is a night of thick darkness that will settle upon us. Even sympathy, the last solace of the afflicted, will be denied to us.  The civilized world will look coldly upon us, and even jeer us with the taunt that we have deservedly lost our own freedom in seeking to perpetuate the slavery of others.

We shall perish under a cloud of reproach and of unjust suspicions, sedulously propagated by our enemies, which will be harder to bear than the loss of home and of goods. Such a fate never overtook any people before.”

(From Founding Fathers to Fire Eaters: The Constitutional Doctrine of States’ Rights in the Old South, James Rutledge Roesch, Shotwell Publishing, 2018, excerpt pp. xiv-xv)  

To his brother John Sherman on October 1, 1862, General W.T. Sherman wrote:

“I rather think you now agree with me that this is no common war — that it was not going to end in a few months or a few years. For after eighteen months the enemy is actually united, armed and determined, with powerful forces well-handled, disciplined and commanded on the Potomac, the Ohio, the Missouri. I knew, and know yet, that the Northern people have to unlearn all their experiences of the past thirty years and be born again before they will see the truth.”

Property destruction was not the complete answer. Sherman was convinced of this, since the “guerilla” attacks continued even after the example offered in the fate meted out to Randolph. There was something lacking – an element to complete the new concept of war – if the part played by the people of the South was to be eliminated.  With acceptance of the fact that destruction of property was not the final answer, Sherman’s mind leaped the gap and seized on the solution – terrorism. 

He would so thoroughly inject the shock of fear into the South that it would lead to its complete demoralization. Such demoralization would work like a slow poison, resulting in the paralysis of the Confederate armies through wholesale desertions of men returned home to assure the safety of their families. More important, dread would so sicken the people of the South that they would clamor for cessation, and to obtain relief they would exert every pressure on their government to end the war.

Here then, in Memphis, was the mold made. The months ahead would see it filled in: it would harden into the completed philosophy of total war, employing a program of devastation and waste, the turning loose on the countryside of a horde of pillagers and looters who would do their work systematically and well.”

(Merchant of Terror: General Sherman and Total War, John Bennett Walters, Bobbs-Merrill Company, 1973, excerpt pp. 65-66)

Louisiana’s tragic experience in defeat and Reconstruction produced a remarkable carpetbag governor, Henry Clay Warmoth of Illinois. One of his most notable utterances was “I don’t pretend to be honest . . . I only pretend [to be as] honest as anybody in politics . . . why, damn it, everybody is demoralized down here. Corruption is the fashion.” It has been noted that Warmoth amassed a million dollar fortune while governor with a salary of $8,000 per year.

Perpetuating Sectionalism

“From the time that Benjamin F. Butler’s troops marched into New Orleans on May 1, 1862, until the inauguration of Francis T. Nichols in 1877, Louisiana was under the heel of an oppressive radical regime.  Self-government ceased; only the Negroes, white scalawags, and carpetbaggers had voting rights. Military rule was, in effect, martial law, and whatever could not be gained politically was accomplished with the bayonet. Black votes were manipulated, and the State legislature soon comprised a great number of illiterate Negroes who did the bidding of their new masters.

US Grant . . . was a weak president, and willingly or not, he became the tool of the radical Congress. He associated himself with a group of disreputable financiers and politicians. His administration brought ruin and anarchy by overturning a society and offering no substitute for social groundwork.

The Reconstruction policy of the Radical Republicans, to which Grant gave his full support, assured the supremacy of the Northern mercantile and industrial classes in the councils of the nation. But it also created a defensive unity among the people of the South, and it kept alive the hatred between the two sections of the country.

A climate of hate, political vindictiveness, and class distinction raged, with Negroes as the political pawns. The Republican-dominated legislature passed an act making service in the “Louisiana Native Guard” compulsory for all able-bodied citizens between eighteen and forty-five. Since the organization excluded disenfranchised whites, it was a black militia. In some instances these troops were used to terrorize white communities.

Meanwhile, the average black farmer, who had been promised forty acres and a mule, received nothing. Most relied upon their former masters for succor or advice, and often freed slaves and their former masters weathered this troubled era together.”

(Louisiana Legacy: A History of the State National Guard, Evans J. Casso, Pelican Publishing, 1976, excerpt pp. 90-91)

The battle at Fredericksburg began at first light, December 13, 1862, and soon became a slaughter of Northern soldiers urged on against a near-impregnable barrier of musket and cannon-fire.  New York Times reporter William Swinton’s post-battle dispatch to the Times noted: “[The Federal soldiers] were literally mowed down. The bursting shells make great gaps in their ranks . . . flesh and blood could not endure it. They fell back shattered and broken, amid shouts and yells from the enemy.”  By nightfall, more than twelve thousand Union soldiers were killed, wounded, or missing.

This severe defeat of Northern forces at the end of a year that witnessed astronomical casualties on both sides, leaves us to question Lincoln’s motives for continuing his war.  After shelling and starving the women, children and old men of Vicksburg into submission, and the wounded, dead and maimed at Gettysburg, Lincoln unleashed Sherman, Sheridan and Grant upon Americans in the South in absolute total war – war against military and civilians.

The Carnage at Fredericksburg

“It was the first of six assaults, each more futile than the last. Federal artillery assayed a covering barrage; the euphemism “friendly fire” had not yet been invented, but according to [Cincinnati Commercial reporter Murat] Halstead, “at least half of the shells” fell into the Federal ranks, “killing more of our men than the enemy.”

A large number of Federal troops – wound or otherwise – were trapped on the battlefield. [London Times correspondent Francis] Lawley presented the view from the rebel lines:

“Such a scene . . . would baffle any mortal pen to describe. In addition to the agonized cries for water, and the groans of tortured and dying men, may be heard voices, constantly growing fainter and fainter, shouting out names and numbers of their regiments in hope that some of their comrades may be within hearing . . . Their bodies, which lie in dense masses, as thick as autumn leaves, within 40 yards of the muzzles of the Confederate guns, are best evidence of their bravery as well as to the desperate plight of their bitterly deceived commanders.”

Lawley, noting the large number of European mercenaries in the Federal army, offered a particular ethnocentric comment:

“It is not likely that the full details of this battle will be generally known in the North for weeks and weeks; but if, after the failure of this last and feeblest of all the Federal attempts to reach Richmond . . . the Irish and Germans are again tempted to embark on so hopeless a venture, then it is the conclusion irresistible that, in addition to all the shackles of despotism which they are alleged to have left behind them in Europe, they have left also that most valuable attribute of humanity, which is called common sense.”

“It became apparent to all observers,” the Cincinnati editor wrote, that the fortunes of the day on our side were desperate. It was manifestly absolutely impossible for our columns of unsupported infantry to carry the terrible heights.”

(Blue and Gray in Black & White: Newspapers in the Civil War, Brayton Harris, Brassey’s, 2000, excerpts pp. 224-225; 228)

Almost immediately after war commenced the New England Emigrant Aid Company envisioned the national benefits of “transplanting friends of the Union” in conquered States and flooding them with “Energetic, loyal, liberty-loving colonists.” The promoters avowed that their goal was “to aid in the political, industrial and social regeneration of the South.” In the case of Florida, the emigrants would settle the rich soil, open resorts for invalids, and build permanent homes for “those whose delicate constitutions cannot endure the severe weather of the North.”

In early 1864, Salmon Chase’s presidential ambitions were assisted by increased military invasions of Florida to occupy more land area and establish a new State government dominated by his political appointees. They were then expected to declare Florida’s 3 electoral votes for him come November.

Economic and Political Opportunity in Florida

“Almost from the beginning of the fratricidal conflict of 1861-1865 far-seeing politicians and interested economic groups from the North began an economic invasion of the South. First, a Confiscation Act made all property used in support of the rebellion subject to seizure by the federal government. Later in 1861, despite Abraham Lincoln’s questioning of its constitutionality, Congress passed a second Confiscation Act which made the property of all Confederate officials subject to immediate confiscation by Union officials.

The authors of the Act, by a provision that gave people supporting the Confederacy sixty days to drop their support or have their property become liable to federal confiscation, struck below the upper stratum of the Southern official family and at the roots of Southern life.

Then, in the summer of 1862, Congress passed the Direct Tax Set which, once Union troops occupied rebel territory, made Southern homes, lands, farms and plantations subject to sale or seizure by the federal government if the owners failed to pay the assessed taxes.

The avowed objectives of the laws were to “relieve” rebels of their war-producing materiel and to finance the [cost of the] war; but under them Northerners could transfer Southern wealth to themselves at the same time they emasculated the South politically.

Among the most frank in expressing their desire to exploit the South and guide Southern political development were the directors of the New England Emigrant Aid Company. This company had already experimented with sending emigrants to Kansas in an effort to flood that blood-stained territory with abolitionist settlers. Now with the war hardly more than a year old, the directors saw the South as a land of opportunity for Northerners and Northern ideals.

To them, the war presented an opportune time for settling in the South Northern workmen in numbers large enough to “support presses, schools, and churches true to their own principles and to the interests of freedom.” Land for the emigrants would be no problem since the government was sure to acquire considerable quantities through confiscation and defaulted direct taxes.

The implications of these plans were great. Should they succeed, Southerners would lose both their wealth, and their voice in the national political arena.”

(Northern Plans for the Economic Invasion of Florida, 1862-1865, Robert L. Clarke, Florida Historical Quarterly, Volume XXVIII, No. 4, April 1950, excerpt pp. 262-263)