Federal War Crimes and Confederate Retaliation (1861-1865)

FEDERAL WAR CRIMES AGAINST CIVILIANS, PUBLIC WORKS USED FOR CIVILIAN PURPOSES AND PRIVATE PROPERTY

Family Deportations in Memphis, September 1862:

In an early application of the Total War doctrine justified by ‘military necessity,” General William T. Sherman issued Special Order No. 254, which assigned collective responsibility to civilians by way of guilt by association, location, or happenstance.

Order No. 254 reads:

“Whereas many families of known rebels and of Confederates in arms against having been permitted to reside in peace and comfort in Memphis, and whereas the Confederate authorities either sanction or permit the firing n unarmed boats carrying passengers and goods, for the use and benefit of the inhabitants of Memphis, is ordered that for every boat so fired on TEN FAMILIES MUST BE EXPELLED FROM MEMPHIS…”

At a minimum, this violated the constitutional guarantee against unreasonable search and seizures as well as the taking of private property without due process.  Remember, it was the Federal position that the South COULD NOT LEAVE a “perpetual” Union; therefore, under their OWN RULES, Southern citizens should still have been considered protected by the US Constitution, whose rules and regulations the Federals considered them UNABLE to separate from.

Burning of Randolph Tennessee

On October 4, 1862, Sherman had the fairly large town of Randolph Tennessee burned because sharpshooters in the vicinity of the town fired on Federal steamboats supplying his army.  In a written report to Grant, Sherman revealed the essence of his policies, which he later carried out even more viciously.He said that that the Southern population “cannot be made to love us, (they) can be made to fear us, and dread the passage of troops through their country… We must make the people feel that every attack on a road here will be resented by the destruction of some one of their towns or plantations elsewhere.  All adherents of their cause must suffer for these cowardly acts.” (John Bennett Walters, “General Sherman and Total War” The Journal of Southern History 14, No.4, November 1948, pages 462 – 463)

Expulsion of Jews and other Anti-Semitic Actions – December 1862

The fact that a large scale anti-Semitic pogrom was conducted by Federal Military Authorities is one of the great un-mentioned Union atrocities committed against civilians during the War.

In a supposed attempt to root out corruption in the cotton industry as part of a Union campaign against a black market in Southern cotton, which Grant thought was being run “mostly by Jews and other unprincipled traders” he issues General Order No. 11, which covered his military district of operation including Holly Springs, Oxford, Mississippi, and Paducah, Kentucky.

While permitting some trade, the United States licensed traders through the United States Army, which in turn created an unlicensed underground “Black Market.” Union military commanders in the South were responsible for administering the trade licenses and trying to control the Black Market in Southern cotton.

General Order No. 11 dictated that Jewish traders and their families in Holly Springs, Oxford, Mississippi, and Paducah, Kentucky leave the territory. Grant may not have intended such results; his headquarters expressed no objection to the continued presence of Jewish merchants, as opposed to cotton traders. But, the wording of the order addressed all Jews, regardless of occupation, and it was implemented accordingly.

The Orders stated:

“1. The Jews, as a class violating every regulation of trade established by the Treasury Department and also department orders, are hereby expelled from the Department [of Tennessee] within twenty-four hours from the receipt of this order.

  1. Post commanders will see to it that all of this class of people be furnished passes and required to leave, and any one returning after such notification will be arrested and held in confinement until an opportunity occurs of sending them out as prisoners unless furnished with permit from headquarters.
  2. No passes will be given these people to visit headquarters for the purpose of making personal application of trade permits.” (“Judaic Treasures of the Library of Congress: Order No. 11,” Jewish Virtual Library – http://www.jewishvirtuallibrary.org/jsource/loc/abe2.html)

In Paducah, 30 Jewish men were rounded up and sent to Cincinnati Ohio, two of which had already served in the US Army.  House to house searches were carried out looking for Jews who might be in hiding.

A group of Jewish merchants from Paducah, Kentucky, led by Cesar J. Kaskel, sent a telegram to President Abraham Lincoln in which they condemned the order as “the grossest violation of the Constitution and our rights as good citizens under it”. The telegram noted it would “place us . . . as outlaws before the world. We respectfully ask your immediate attention to this enormous outrage on all law and humanity ….” Throughout the Union, Jewish groups protested and sent telegrams to the government in Washington, D.C.

The issue attracted significant attention in Congress and from the press. Northern Democrats condemned the order as part of what they saw as the US Government’s systematic violation of civil liberties; they introduced a motion of censure against Grant in the Senate, attracting thirty votes in favor against seven opposed. Some newspapers supported Grant’s action; the Washington Chronicle criticized Jews as “scavengers … of commerce”. (Robert Michael, A Concise History Of American Anti-Semitism, p. 91)

After the war, Grant said:

“I do not pretend to sustain the order. At the time of its publication, I was incensed by a reprimand received from Washington for permitting acts which Jews within my lines were engaged in … The order was issued and sent without any reflection and without thinking of the Jews as a set or race to themselves, but simply as persons who had successfully … violated an order.”

Lincoln initially ignored the protests and the claim was made that his secretaries had simply set it aside.  Once the uproar became an issue of public outrage, Lincoln reversed the order.

However, this awful event did not prevent Jewish population of Memphis Tennessee form suffering other indignities in December 1863, when Gen. Stephan Hurlbut issued General Order No.162, which required that all clothing stores in Memphis not having his permission to keep and sell military clothing had to immediately ship such stocks of clothing North.

This Order was not only in violation of the 5th Amendment but also of the Liber Code paragraph 46 (Neither officers or soldiers are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions otherwise legitimate.)

Of the 17 clothing stores in Memphis, 15 were owned by Jews; the two non-Jewish stores were found “innocent” of violating Hurlbut’s orders.

Earlier in 1862, Sherman complained of having to deal with “Swarms of Jews” in Memphis; Gen Benjamin Butler, the Federal Commander of New Orleans wrote Secretary of War Stanton that of the “treachery” of the Jews in New Orleans and compared their profitable businesses to Judas’ 30 pieces of silver.(Official War Records, Series 1 vol. 17, page 141 and Official War Records, Series 3, vol.2, page 724)