Identifying Violations

Transcription

Identifying Violations
TR
TEACHER RESOURCES
• Background on Civil
War Prison Camps
SR
• Background document
on the Lieber Code
• If Your Students Ask…
Note
Teachers are encouraged
to share Teacher
Resources with students
in order to provide
TR
historical
information and
context for discussion
purposes.
SR
STUDENT RESOURCES
• The Account of
Confederate Private
John R. King, Prisoner
of War
at Elmira, New York
• The Account of Union
Private Thomas Mann,
Prisoner of War at
Andersonville, Georgia
• What Are the Basic
Rules of the Lieber
Code?
• Worksheet: Which
Lieber Code Rule Was
Violated?
In the lesson “The Lieber Code: Limiting the Devastation of War,” students explored
why rules are needed to regulate armed conflict. They also learned about how basic
rules of international humanitarian law (IHL) emerged during the American Civil War.
They will have been introduced to the humanitarian impact the war had on prisoners,
wounded soldiers and civilians and will naturally apply their insights and knowledge
to this lesson.
In this lesson, students go on to consider why people violate IHL, also known as the
law of war, and who bears the responsibility for ensuring that the rules are respected.
Using statements from the journals of two Civil War soldiers who fought in combat
but finished as prisoners of war, this lesson prompts students to identify violations of
the Lieber Code as well as standards of human dignity and to reflect on the reasons
given for those violations. Students trace the way in which one violation can set
off a chain reaction of violations and brainstorm ways to prevent or to limit such
violations.
OBJECTIVES
l
To be able to identify violations of the Lieber Code and basic standards
of human dignity
l
To be able to identify the basic needs of prisoners of war
l
To be able to identify how prisoners of war and their captors have great
influence over each other
l
To recognize examples of the way in which one violation leads to
another
PREPARATION
Choose which passages (from the accounts of John King and Thomas Mann) to use
in steps 1 and 2.
Consider using various teaching methods such as discussion, brainstorming, roleplaying or small groups, and using stories, photos and videos. These are presented
in the EHL Methodology Guide, which can be found at www.redcross.org/ehl. If
possible, view the relevant chapter of the training film for teachers (Module 3).
TIME
One 45-minute session
• Interaction Worksheet:
Observations, Reactions
and Questions
www.redcross.org/ehl
Identifying Violations | 1:1
The Lesson
1. WHICH RULE OF the Lieber code WAS VIOLATED? 15 minutes
Divide the class into pairs of students, and assign two or three or more of the
statements from “The Accounts of John King or Thomas Mann” to each pair.
Instruct the students to identify the various violations of the basic rules of the Lieber
Code contained in each statement, using “What are the Basic Rules of the Lieber
Code?”
Students may also identify anything else that they consider to be a basic violation of
their sense of human dignity as well as those instances where the Lieber Code or
human dignity was upheld.
Note
If time is short, limit the
number of statements
per pair of students and
select statements where it
is clear there has been a
violation.
Ask them to record their answers in ‘Chart A’ on the worksheet, “Which Lieber
Code Rule Was Violated?” Individually, students should note their reactions on their
Interaction Worksheet during discussions with their partner.
Also, have students study the statements assigned to them and find the reasons that
people give, or the reasons that they can imagine these people giving, for violating
a particular rule.
Have the class then examine together what the various reasons or explanations given
by people have in common. One way to do this might be to group similar-sounding
explanations together, by category. For example: lack of resources, revenge and
military necessity. The worksheet provides an example using statement 4 (Private
John King).
2. HOW ONE VIOLATION LEADS TO ANOTHER 15 minutes
Ask the class to find statements that show a link between one violation, and another
that is a consequence of it.
Have pairs or combined pairs of students discuss violations of the Lieber Code that
lead to more violations and ask them to fill in the appropriate columns in ‘Chart B’
on the worksheet. Have students also indicate the Lieber Code Rules that were
violated.
For example: when one side cuts back on rations or clothing given to the prisoners
that it is keeping in retaliation for news that its own prisoners held by the enemy are
suffering from neglect, for whatever reason.
Have students report on the chains of consequences that they have identified.
1:2 | Identifying Violations
ADDITIONAL
RESOURCES
A corresponding lesson
asks students to consider
why people violate
modern IHL and who
bears the responsibility for
ensuring that these rules
are respected. It can be
found in Module 3 of the
Exploring Humanitarian
Law curriculum at www.
redcross.org/ehl.
A lesson introducing
students to the basic
rules of modern IHL—
Exploration 2A “Limiting
the Devastation of War”
—can be found in
Module 2 of EHL.
Corresponding lessons
from the American Civil
War can be found in The
American Civil War—A
Humanitarian Perspective
at www.redcross.org/ehl.
Refer to lessons: “The
Lieber Code: Limiting the
Devastation of War” and
“Planning a Camp for Civil
War Prisoners.”
3. HOW THE BASIC RULES CONTINUE TO EVOLVE 10 minutes
Compare the basic rules of the Lieber Code with the basic rules of modern IHL. In
general, what are the similarities and differences? How have the basic rules evolved
and matured?
Use the table “What are the basic rules of international humanitarian law” on page 17
of EHL Module 2 available at www.redcross.org/ehl. If time allows, identify treaties
that have developed since the Lieber Code and have students discuss what they
limit. Use the fact sheet “Development of International Humanitarian Law” available
at www.redcross.org/ihl.
3.close 5 minutes
Discuss:
y Can you think of examples from the news of situations of escalating violence or
increasing suffering?
y Have you ever been in a situation where you have observed one harmful act
leading to another or one helpful act leading to another?
y What are your questions?
KEY IDEAS:
• Violations of IHL and the laws of war often set off a chain reaction,
leading to further violations.
• People give various reasons for the violations of the laws of war that
take place.
• There are several ways to prevent violations of the laws of war and to
limit the consequences of those violations.
• Prisoners of war and their captors both have responsibilities for the
humanitarian conditions that exist in camps.
• Both Northern and Southern prisoner of war camps had problems
that could have been avoided, but also had successes where the
treatment of prisoners was greatly improved.
• Since the development of the Lieber Code, the modern rules of IHL
have continued to evolve and mature.
Sources:
“Teacher Resource: Background on Civil War Prison Camps”
Prisoner of war camp map from Andersonville National Historic Site, National Park Service http://www.nps.gov/history/nr/twhp/wwwlps/less
ons/11andersonville/11locate1.htm
Wagner, Margaret E. (editor). 2002. “Prisons and Prisoners of War” in The Library of Congress Civil War Desk Reference, 2002. 587-596.
Print.Stonesong Press Inc. New York, N.Y. and the Library of Congress.
Byrne, Thomas E. “Elmira’s Prison Camp: 1864-65,” Chemung County Historical Journal. (originally published, September 1964)
Andersonville National Historic Site, Andersonville, GA. www.nps.gov/ande
“Andersonville Civil War Prison Historical Background”, National Park Service. http://www.nps.gov/seac/histback.htm
“Teacher Resource: Background Document on the Lieber Code & If Your Students Ask …”
Carnahan, Burrus. 1998. Lincoln, Lieber and the Laws of War: The Origins and Limits of the Principle of Military Necessity. American Journal
of International Law, 92 (213). Washington, D.C. The American Society of International Law (ASIL).
“General Orders No. 100, Instructions for the Government of Armies of the United States, in the Field (the Lieber Code).” International
Committee of the Red Cross. http://www.icrc.org/ihl.nsf/INTRO/110?OpenDocument.
Hartigan, Richard. 1983. Lieber’s Code and the Law of War. Chicago, Ill. Precedent Publishing.
Perry, Thomas Sargeant (ed.). 1882. The life and letters of Francis Lieber. Boston: James R. Osgood and Co. Reprinted in 2006 by Lawbook
Exchange, Clark, N.J.
Solis, Gary. 2010. The Law of Armed Conflict, International Humanitarian Law in War. New York, N.Y. Cambridge University Press.
“Student Resource: The Account of Confederate Private John R. King”
“My Experiences in the Confederate Army and in Northern Prisons.” Written from memory by John R. King.
Reprinted in 1994 by great-granddaughter, Martha Stump Benson. Stonewell Jackson Chapter No. 1333, United Daughters of the Confederacy, Clarksburg, W.V., Copyright 1917.
“Student Resource: The Account of Union Private Thomas Mann”
Cornell University Library Windows on the Past Serial: The Century; a popular quarterly Volume 0040 Issue 3 (July 1890)
Title: A Yankee in Andersonville [pp. 447-461] Author: Mann, T. H. http://digital.library.cornell.edu/cgi/t/text/pagevieweridx?c=cent;cc=cent;rgn=full%20text;idno=cent0040-3;didno=cent0040-3;view=image;seq=00457;node=cent0040-3%3A1
Cornell University Library Windows on the Past Serial: The Century; a popular quarterly Volume 0040 Issue 4 (Aug 1890)
Title: A Yankee in Andersonville [pp. 606-623] Author: Mann, T. H. Collection: Journals: Century (1881 - 1899)
http://digital.library.cornell.edu/cgi/t/text/pageviewer-idx?c=cent;cc=cent;rgn=full%20text;idno=cent0040-4;didno=cent00404;view=image;seq=00616;node=cent0040-4%3A1
Possible Extension Activities
COMMUNICATION
Write a paper about the violation of the basic rules of the Lieber Code that your class
chose to work on as a group. In your paper, evaluate some of the suggestions made
by your class to prevent such violations or to limit their consequences.
OR
Make drawings to illustrate the violation.
OR
Make posters to promote the suggestions made by your class.
ROLE PLAY
Read more of the accounts of John King and Thomas Mann and take on roles to act
out the following situations:
Congressional Committee Hearing: One or both of the prisoners is called before
Congress to testify regarding their experiences in order to help update the Lieber
Code, develop legislation to provide reparations, issue indictments or provide lessons
learned as guidance for post-Civil War reconstruction efforts.
Newspaper/Television/Radio Interview: One or both of the prisoners is/are
interviewed by a reporter.
Reunion Meeting: Both John King and Thomas Mann were captured at the Battle
of the Wilderness in May 1864. After the Civil War, many reunions were held by
soldiers from both sides to help put the war behind them. Imagine that John King and
Thomas Mann had the chance to meet, and after comparing their battle experiences,
started to talk about what happened to them as prisoners of war.
Letters Home, Letters to the Authorities: Writing as John King or Thomas Mann,
write a letter home or to anyone in authority on either side that describes your situation
and experiences at Andersonville or Elmira prison camp. What could you write that
would get past the censors to reassure loved ones, tell the truth and invite help for
you and your fellow prisoners?
Mock Trial: Many outside resources are available to support a mock trial of Captain
Henry Wirz, the commandant of Andersonville, but it wouldn’t be hard to create
roles and gather further information to conduct mock trials of others involved in the
suffering at Andersonville or Elmira. Who could be brought to trial? What would the
charges be? What evidence could be produced in support of the prosecution and
defense? Who could be called as a witness to testify on either side?
CHAINS OF CONSEQUENCES: CAN WE PREVENT VIOLATIONS OR LIMIT
THEIR CONSEQUENCES?
Have the class choose one specific violation discovered through the accounts of
John King or Thomas Mann and make a diagram of the chains of consequences that
the violation could create. Some consequences might result in many other chains of
consequences.
Note
Diagram from EHL Module
3, Exploration 3A
Have the class choose one specific violation to work on as a group. Then have them
brainstorm ways to prevent that violation or to limit its consequences.
When a list has been developed, have students evaluate their suggestions.
Possible questions:
y What consequences is each suggestion likely to have? What, in turn, would
each of those consequences lead to?
y Do you think that governments and those fighting would accept your
suggestions? Why or why not? How would you ensure their implementation?
For example: giving orders, training, monitoring, disciplining, punishing, or
making laws.
Debate
Conduct a debate on the following statement: A law that is often broken is better
than no law at all.
Assemble two teams—one to argue in favor of the statement and one to argue against
it—and a team of judges. Teams should review their class notes and other useful
resources, such as books, periodicals and the news (newspapers, radio, television).
Each team should prepare the following:
l
A five-minute presentation
l A list of points that they think the other team will make against their position
l Their responses to those points
The following ideas might be of help: the effect of often disrespecting laws, examples
of laws other than IHL that are often broken yet valued, the history of the acceptance
of laws over time, the value of a law as an ideal, the alternatives to law.
During the time allotted for planning, a third judging team should work out the criteria
for judging the debate.
Conduct the debate.
At the conclusion of the debate, the judges should summarize the points they have
heard. Then they should announce their decision and give the reasons for it.
Then, discuss the following questions:
y How do you think your debate applies to the rules of war?
y Are there other examples of rules that are valued even though they are often
broken? For example: religious laws, social customs.
OR
Debate the pros and cons of this statement by a teacher in Nigeria: Since there is
a law that forbids the army from killing civilians, there should be a law that forbids
civilians from helping the army.
While preparing your positions, consider the following points:
l
l
The consequences of your position
How to define what constitutes “helping” soldiers
“
The law sets up dykes against the incoming tide. And the tide never
goes out for long. It exerts pressure, it threatens, it breaks through at
the first opportunity. Sometimes, it sweeps away the dyke. And there
stands our law, violated and ineffective. That is its fate. Anyone who
thinks that the only true law is one which is fully respected must be
living in another world.
”
Denys de Béchillon, professor
RESOURCES
Johnson’s Island Preservation Society. http://www.johnsonsisland.org. Note: This
website provides listings of Confederate prisoners of war and the Union guard
garrison, the history of Johnson’s Island, and information on visiting the island the
prisoner of war cemetery, which overlooks Sandusky Bay in Lake Erie. The Civil
War section also includes prisoner of war letters and autograph books.
“Teaching with Historic Places,” (Andersonville). National Park Service. http://www.
nps.gov/nr/twhp/wwwlps/lessons/11andersonville/11andersonville.htm.
Brown, Dee Alexander. The Galvanized Yankees. 1986. University of Nebraska
Press.
Horigan, Michael. Elmira: Death Camp of the North. 2006. Mechanicsburg, PA.
Stackpole Books.
Schoales, Gary Parker. 1994. Justice and Dissent: Ready to Use Materials for
Recreating Five Great Trials in American History. West Nyack, N.Y. The Center for
Applied Research in Education.
“Summary Transcript of the Trial of Captain Henry Wirz,” Library of Congress. http://
www.loc.gov/rr/frd/Military_Law/Wirz_trial.html.
Styple, William B. (ed.). The Andersonville Diary and Memoirs of Charles Hopkins.
1988. Belle Grove Publishing Col., Kearny. New Jersey.
“Archaeology at Andersonville,” http://www.cr.nps.gov/seac/andearch.htm.
“Andersonville National Historic Site,” National Park Service. http://www.nps.gov/
ande/.
“A Southern View of History, the War for Southern Independence – The Other Side
of the Coin (Sons of Confederate Veterans Georgia Division) Part X – Prisoners of
War,” http://www.scv674.org/SH-10.htm.
Andersonville. 1996. (Film). Non-rated, Made for TV Movie, directed by John
Frankenheimer.
“The Horrors at Andersonville Prison: The Trial of Henry Wirz”, and “Eighty Acres of
Hell” (about the Union Prisoner of War camp, Camp Douglas, near Chicago). The
History Channel Series: Unknown Civil War Program Series.
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SR
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Background on Civil War Prison Camps
Civil War Prison Camps
Note
This teacher resource
includes background and
context for all lessons
addressing the treatment
of prisoners.
Union and Confederate Civil War prison camps:
1. Bell Isle—Richmond, Va.
9. Castle Pickney—Charleston, S.C.
2. Cahaba Prison—Cahaba, Ala.
10. Elmira Prison—Elmira, N.Y.
3. Camp Chase—Columbus, Ohio
11. Johnson’s Island—Sandusky, Ohio
4. Camp Douglas—Chicago, Ill.
12. Libby Prison—Richmond, Va.
5. Camp Florence—Florence, S.C.
13. Old Capitol Prison—Washington, D.C.
6. Camp Lawton—Millen, Ga.
14. Point Lookout—Point Lookout, Md.
7. Camp Morton—Indianapolis, Ind.
15. Rock Island—Rock Island, Ill.
8. Camp Sumter—Andersonville, Ga.
16. Salisbury—Salisbury, N.C.
Questions for Map
1. List the states with prison camps. Which of these states were Union and which
were Confederate?
2. Find Camp Sumter and describe its location in relation to other Confederate
prison camps.
3. Find Elmira Prison and describe its location in relation to other Union prison
camps.
4. What factors do you think may have influenced the placement of Civil War prison
camps?
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Civil War Prison Camp Populations
(For camps shown on the Civil War Prison Camps Map)
Union Camps
Camp and Location –
(number corresponds to location on map)
Number of
Prisoners
Planned
Total
Population
Deaths
Mortality Rate
(Deaths/Total
Population)
3. Camp Chase, Columbus, Ohio
4,000
26,000
2,260
9%
4. Camp Douglas, Chicago, Ill.
6,000
30,000
4,454
15%
7. Camp Morton, Indianapolis, Ind.
2,000
12,082
1,763
15%
10. Elmira Prison, Elmira, N.Y.
5,000
12,122
2,963
24%
11. Johnson’s Island, Sandusky, Ohio
1,000
12,000
221
2%
13. Old Capitol Prison, Washington, D.C.
500
?
457+
16%+
14. Point Lookout, Md.
10,000
50,000
3,584
7%
15. Rock Island, Rock Island, Ill.
10,080
12,409
1,960
16%
Other Northern camps holding more than 1,000 prisoners were at Fort Delaware, Del.; Alton Prison and Camp
Butler, Ill.; Louisville, Ky.; Parish Prison, New Orleans, La.; Ship Island, Miss.; Gratiot Street, St. Louis, Mo.; David’s
Island, N.Y.; and Newport News, Va.
Confederate Camps
Camp and Location –
(number corresponds to location on map)
Number of
Prisoners
Planned
Total
Population
Deaths
Mortality Rate
(Deaths/Total
Population)
1. Belle Isle, Richmond, Va.
3,000
30,000
300+
1%
2. Cahaba Prison, Cahaba, Ala.
500?
5,000
144
3%
1,500+
18,000
2,802
16%
5. Camp Florence, Florence, S.C.
6. Camp Lawton, Millen, Ga.
?
10,299
488+
5%
8. Camp Sumter, Andersonville, Ga.
10,000
45,000
12,920
29%
9. Castle Pickney, Charleston, S.C.
150
300
?
?
12. Libby Prison, Richmond, Va.
1,000
25,000
6,276
26%
16. Salisbury, Salisbury, N.C.
2,000
15,000
3,649
25%
Other Southern camps holding more than 1,000 prisoners were at Blackshear, Ga.; Camp Oglethorpe, Macon, Ga.;
Charlotte, N.C.; Camp Ford, Tyler, Texas; Barret Factory Prison, Richmond, Va.; and Danville, Va.
Questions
1. Why were some Northern prisoner of war camps located in Confederate states?
2. What might you infer about the differences in mortality rates at different camps?
3. What might you infer about the incomplete statistics listed for some Southern
camps?
4. Statistically, how did Northern and Southern camps compare? How were they
alike? How were they different?
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Civil War Prison Camp Timeline
Background to all the lessons
Time
Frame
Key Civil War Events
April 1861
Civil War begins with the
bombardment of Fort Sumter in
Charleston, South Carolina.
July 1861
First Battle of Bull Run
April 1862
Battle of Shiloh
July 1862
Dix-Hill Prisoner Exchange
Cartel agreed to by North and
South
Sept. 1862
Battle of Antietam
Camp Sumter,
Elmira Prison, New York
Elmira was initially developed as
a barracks and training ground
for Union volunteer troops.
A preliminary Emancipation
Proclamation is issued.
Both North and South begin a
military draft.
Dec. 1862
Battle of Fredericksburg
Jan. 1863
Emancipation Proclamation
takes effect.
North begins recruiting and
training colored troops.
April 1863
Lieber Code issued by
President Lincoln as General
Orders #100
May 1863
Confederate Congress issues
a threat to deal harshly with
colored troops and their white
officers.
July 1863
Battles of Gettysburg and
Vicksburg
Draft riots in New York City
Nov. 1863
President Lincoln gives his
Gettysburg Address at the
dedication of national cemetery.
Dec. 1863
Camp Sumter construction
ordered—planned for 10,000
prisoners
Feb. 1864
First captured Union troops
arrive at Camp Sumter.
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Time
Frame
Mar. 1864
Camp Sumter,
The prison stockade is
completed and “dead line”
established. Captain Wirz takes
charge of guard force—mainly
boys under age 17 and men
over 50.
Prison population reaches
8,000.
April 1864
Prisoner exchanges cease due
to Southern refusal to an equal
exchange between colored and
white troops.
Fort Pillow massacre of colored
prisoners
May 1864
Battle of the Wilderness
Secretary of War Stanton
requests permission from
President Lincoln to limit
rations to Southern prisoners
in retaliation for the suffering of
Northern prisoners.
Health issues/overcrowding
reported to Confederate
authorities; hospital relocated
outside of stockade; guards
transferred to combat duty
as Sherman advances; and
cannons trained on stockade to
deter mass escape
20,000.
June 1864
Sherman begins drive through
Georgia toward Atlanta
Prisoner Dorance Atwater was
paroled and assigned to keep
the death register; guard force
numbers only 1,462; “Raiders”
arrested and tried; and sutler
shop opened.
Correspondence between
Secretary of War Stanton
and Colonel Hoffman directs
conversion of Elmira into a
prisoner of war camp to relieve
crowding at Point Lookout, Md.
Elmira is planned for 4,000
prisoners in barracks and 1,000
in tents.
Lt. Colonel Seth Eastman takes
charge of the camp during its
conversion.
24,000.
July 1864
Stockade expanded; prisoners
petition North to resume
exchanges; 20 percent of
guards and prisoners sick with
scurvy, gangrene or dysentery;
and Union raid to liberate camp
is repelled.
33,000.
First Confederate prisoners
arrive from Point Lookout.
Shohola train wreck kills 48
prisoners and 17 Union guards.
4,425.
5/6
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Time
Frame
Camp Sumter,
Aug. 1864
Grant refuses to resume
prisoner exchanges.
Chandler report advises the
transfer of prisoners. Union
General Seymour investigates
conditions at Andersonville and
advises against exchanges.
Maj. Evan Sanger arrives to
take charge of the hospital and
medical care; various reports
are written on concern about
the pond, clothing and diet.
Dorence Atwater begins to
secretly make a copy of the
Death Register.
Stanton requires a shipment of
cotton from the South before
issuing clothing to prisoners.
9,619.
Sept. 1864
Atlanta falls to Sherman.
Beginning of transfer of Union
prisoners to other camps
Barracks constructed at
Andersonville to house the sick
prisoners.
Oct. 1864
Nov. 1864
5,000 prisoners remain at
Andersonville.
Lincoln is reelected.
Dec. 1864
Col. Benjamin Tracy of the
17th Colored Infantry takes
command of Elmira.
Tunnel escape of 10 prisoners;
construction begins on a sluice
to flush the stagnant pond.
Construction begins on
additional shed barracks for
the winter; sluice completed in
January; Hoffman reassigned;
and Sanger reassigned in
December
Prisoners returned to
Andersonville from Camp
Lawton
Feb. 1865
Exchanges resume with a
number of sick prisoners
Prison population is 8,225.
Feb.-Mar.
1865
Mar. 1865
Andersonville population
reduced as exchanges resume
Lincoln’s second inaugural
address
Chemung River floods Camp
Elmira.
Prisoner exchanges resume.
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Time
Frame
Camp Sumter,
April 1865
Richmond falls.
SS Sultana disaster—steamer
carrying released prisoners
explodes on the Mississippi
River, killing 2,000.
Lee surrenders.
Lincoln is assassinated.
Reconstruction begins.
Last of the 12,920 prisoners to
die at Andersonville is buried in
prison cemetery.
May 1865
Captain Henry Wirz
arrested and transported to
Washington, DC
July 1865
Clara Barton accompanies the
US Army expedition to identify
the dead and mark the graves.
Aug. 1865
Captain Wirz is tried on
charges related to the
management and atrocities at
Andersonville.
Nov. 1865
Wirz is convicted and executed.
Last of Confederate prisoners
paroled, except for those in
hospital
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Background Document on The Lieber Code
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Source: Library of Congress
The 1863 Lieber Code is a military order that codifies the laws of war into 157
articles and instructs soldiers on their humanitarian obligations and prohibited and
permitted conduct during armed conflict. One of the main reasons for its importance
is that it represents the first attempt to gather the customs and usages of the laws
of war into one document.
During the American Civil War (1861-1865), Dr. Francis Lieber was commissioned
to draft the code, which was approved by a board of Union Army officers. President
Lincoln ordered that the Lieber Code be incorporated into the Union Army’s
General Orders, and in 1863 it became General Orders No. 100, Instructions for
the Government of Armies of the United States, in the Field. James Seddon, the
Confederate secretary of war, proclaimed the Lieber Code “confused, unassorted,
and undiscriminating” and partly “obsolete,” but the Confederacy later adopted the
Lieber Code for the instruction of its soldiers and commanders.
F rancis L ieber
“
I know by letters from
the West and the
South, written by men
on our side, that the
wanton destruction
of property by our men
is alarming. It does
incalculable injury.
It demoralizes our
troops; it annihilates
wealth irrecoverably,
and makes a return to
a state of peace more
and more difficult.
Your order, though
impressive and even
sharp, might be written
with reference to the
Code, and pointing
out the disastrous
consequences of
reckless devastation,
in such a manner
as not to furnish our
reckless enemy with
new arguments for
his savagery…
Outside the United States, the Lieber Code significantly influenced similar codes
issued in the United Kingdom, France, Prussia, Spain, Russia, Serbia, Argentina,
and the Netherlands and became the basis for certain international humanitarian law
(IHL) treaties. Almost 150 years later, the Lieber Code is still considered the most
important early codification of the customs and practices of war.
Francis Lieber conceived the idea of the code and was the driving force behind its
development. He felt strongly that there was a lack of regulation of the conduct of
hostilities during the American Civil War. His eldest son, Oscar, had died in June 1862
from wounds suffered at the Battle of Williamsburg while fighting for the Confederate
army. His other two sons, Hamilton and Norman, fought in the Union army.
Aside from Dr. Lieber, the other key figure in the creation of the code was Major Gen.
Henry Halleck, the head of the Union forces in 1862. Without Halleck’s support,
Lieber probably would not have been successful in his endeavor.
After General Orders No. 100 was published, Lieber sent Halleck a letter asking him
to issue an order clearly prohibiting the destruction of private property. Lieber was
alarmed by certain ongoing acts being committed by Union soldiers and realized the
negative impact of these acts. Although his letter was written in 1863, his words
remain relevant in the context of modern armed conflict.
”
Letter from Francis Lieber to
General Halleck, New York,
May 20, 1863
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If Your Students Ask…
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The following suggestions can be used to help students think through questions
they raise about why those who are fighting should accept and respect rules of war.
Consider using them when facilitating a classroom discussion.
1. If either Union or Confederate soldiers felt they were winning the war, why
would they obey rules that would limit their behavior?
• Look at your side’s long-term interest. Do you want to be seen by powers
outside the United States as a criminal?
• What if your side starts losing? Consider the example of the Confederates,
who thought they would not lose but did. What will happen when your people
need protection?
• Some reasons for Union soldiers to obey the rules might include respect for
human dignity, respect for legal rules (Lieber Code), to improve prospects
for peace, to maintain discipline among troops, to win the support of the
population in combat zones, and the belief that the Confederates might follow
the rules as well.
• The Confederate soldiers might be inclined to obey the rules for similar
reasons. Also, the Confederacy had a desire to earn the support of the
population in combat zones and the good opinion of Great Britain.
2. Since so many of these rules were broken during the Civil War (e.g.,
Andersonville and Elmira prisons, Sherman’s march to the sea), what was
the point of having or obeying them?
• Many of the rules were broken, but many were also respected.
• Even if imperfectly respected, these rules protected many people.
• When rules are broken, it is often because combatants have no fear of being
punished. That’s why it’s important to ensure that the military and civilians
know the rules of war—so that implementation of the rules is monitored and
laws are enforced. Note that there was very little training on the rules of
armed conflict during the Civil War compared with the training of modern
armies.
3. Why would either side waste resources to care for enemy prisoners?
• If you don’t care for prisoners from the other side, what will that mean for your
people when they are held by the enemy?
• Providing for the basic needs of prisoners is unlikely to affect your own
fighting capacity.
• Does leaving injured men and women to die on the battlefield reflect our
values and principles? Is this reflective of our society and how we wish it to
develop?
4. Since many violations occurred during the Civil War, who ensured respect
for these rules?
• Commanders, officers and soldiers who understood the value of discipline
and setting limits on the conduct of soldiers under their command.
• The United States tried Captain Henry Wirz, the Confederate commander at
Andersonville Prison in Georgia, and convicted him of war crimes for abusing
prisoners. He was hanged as a result.
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Private King joined Company B of the 25th Virginia Infantry, which was added to
Robert E. Lee’s Army of Northern Virginia just after the battle of Chancellorsville.
He saw and survived combat at Gettysburg and remained with his unit through
the retreat into and defense of Virginia until he was captured during the Battle
of the Wilderness in May 1864. He was first detained at the Union prison camp
at Point Lookout, Maryland, but was then transferred to the newly opened and
quickly overcrowded Union prison camp at Elmira, New York. He was paroled
in June 1865 and given passage home to his family in the newly created state
of West Virginia.
John King was born in 1842 in Marion County, Virginia, which is now in West
Virginia. At the time of Virginia’s secession from the Union, the county was
divided between pro-Union and pro-Confederate factions. The Union Army
occupied this area in 1862 and compelled its inhabitants to take an oath of
loyalty. John King and his family were harassed about their loyalties, and in
1863, he and his brother, Cyrus, made their way south to volunteer for the
Confederacy.
The following passages are quoted from the memoirs of John R. King, originally
published in 1917 and reprinted in 1994 by his great-granddaughter Martha
Stump Benson as “My Experiences in the Confederate Army and in Northern
Prisons.” Private King’s account was written from memory at the request of his
cousin Mrs. George C. Stone of Clarksburg, West Virginia, in her capacity as
president of the Stonewall Jackson Chapter of the United Daughters of the
Confederacy.
The account of Confederate Private John R. King from his capture at the
Battle of the Wilderness through his internment at Elmira Prison Camp
in New York
What went right and what went wrong?
The Account of Confederate Private
John R. King
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2. The 20th of May 1864, we marched through the big gate marked in
large letters, “Prisoners’ Camp” (Point Lookout Prison in St. Mary’s County,
Maryland)…. The prison at Point Lookout was located on a narrow piece of
ground about one quarter of a mile wide at the mouth of the Potomac River.
There the river is ten miles in width, the Chesapeake Bay on the other side
of the prison more than thirty miles. Our part of this prison embraced 30
or 40 acres of ground surrounded by a ten-foot wall, which was a strong
frame work spiked with two inch plan on the inside, framed in with the wall
on the outside, three feet from the top was a parapet or walk for the use of
1. Picketing with the enemy continued until the 12th of May, a misty
morning, when just a little after the break of day the enemy attacked us
with an overwhelming force. One line came in front, which we annihilated;
another line came and broke over the breastworks at the center of the
horseshoe while we were pouring it into the line in front. Standing on the
big breastworks in the rear was a long line of Yankee soldiers with bayonets
pointing at us, saying: “Boys, Surrender!” They never fired again, but stood
looking at us good-naturedly. Of course, we had to throw down our guns.
The Battle of the Wilderness began on May 5, 1864.
Given your sense of human dignity and your reading of the specific rules
established by the Lieber Code, what went right and what went wrong among
Private King’s experiences as a prisoner? (Refer to Student Resource “What
Are the Basic Rules of the Lieber Code?”)
Possible questions
Were they? The following passages are given in chronological order.
In his prologue he notes, “I could have made our sufferings and many other
things which I mentioned a great deal blacker and more bitter, but my aim
has been to give everyone all the credit they deserve, for I felt a number of
our officers in charge of the prisons had the welfare of the prisoners at heart;
however, they were in a position where they could not prevent our suffering.”
John King is also the subject of the “Oath of Loyalty” story from the lesson
“From the Perspective of Combatants” This is the rest of his story.
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5. Bathing in the bay was a source of pleasure granted to us, and we
certainly took advantage of it. It was thick with bathers every day and it was
a great relief to stand on the beach and watch the ships and small craft
pass….
4. We were fed by the contractors who were paid a certain price for each
man per day, so it can easily be seen there was room for speculation. These
contractors bought damaged rations such as pickled pork, beef, etc. from the
government at a low price and they gave us barely enough to keep soul and
body together…. It was prepared in the different cookhouses and placed on
long tables ready to be carried to the quarters. The meals were served twice
a day at 8 o’clock a.m. and at 3 p.m. A piece of light bread and a little beef
or pork, salt or fresh whichever was convenient was served in the morning
and evening, bread and soup in messpans…. Hunger necessitated our
eating this tainted food as we had nothing else….
3. I was in the tenth division, which was nearest the hospital ground. Several
pumps afforded an abundance of clear water, but it had an offensive odor
and left a coating on tin ware. A deadline two or three hundred yards out
in the water was made by driving small logs in the mud with a pile driver,
their ends showing above water at low tide. It was very dangerous to swim
beyond this deadline. Many had been shot and not a few killed for very
trifling offenses. Two days out of every three we were guarded by a gang
of…cruelsome Negroes.
the sentinels. At certain distances on the parapet, small shelter houses were
erected for the guards. The inside was laid off in streets 20 feet running
in the direction of the river. They were ditched on both sides, and rows of
round or sibley tents were placed back on either side of the street. Ten rows
of tents each holding eighteen prisoners were in our camp. A large section
was laid off for hospital grounds and for various other purposes. Another
section, which we called the officer’s Bull Pen, the one in which we were
placed, was vacant. Officers had been confined there, but were separated
from the privates and kept in another prison during our stay.
8. The prison at Elmira consisted of thirty-six acres enclosed by a wall
constructed in the same way as Point Lookout Prison. It was located a short
distance from the Chemung River in Chemung County, New York… In our
pen there was a body of water within banks very much like a river, which
occasionally became high. The North side of this body of water had a much
higher bank than the South side. Next to the river it became stagnated in
the warm season and was not healthful. Elmira was located on the west
and near the prison; there were hills on the east, which kept our minds on
the beauty and majesty of nature. The Elmira prison looked much cleaner
7. On the 27th of July we boarded a little steamer called “Favorite” which
took us out in the mouth of the Potomac. There we were put on the big
ocean steamer “Continental”…. We had not been on the ocean long until
one after another became sick and we numbered thousands…. We reached
New York harbor and lay at anchor in the mouth of the Hudson River for
nearly half a day from our big trip. We had a good view of the city where
all was hurry and bustle, then in the evening we started on the Erie R.R. for
Elmira, which is 300 miles from Jersey City. The next evening we arrived at
Elmira prison, and were assigned respective places. Here, the prison was
laid off in wards instead of divisions like Point Lookout and our squads were
in ward 39. The first to meet us were the grinning 300 who had marched
to freedom through the big gate at Point Lookout. We certainly did laugh at
them; they were there safe and secure with no more freedom than the rest
of us.
6. Near the middle of July, officers came through the prison taking the names
of all those who would apply for the oath of allegiance to the United States,
promising that those who would apply would be released. Well, about 300
made application, but I am happy to say that your humble servant was not
included. A short time after this, the 300 marched through the big gate
rejoicing. They taunted us because we were left behind, but I will tell you
more of the 300 later…. It was all right to take the oath of allegiance to
the United States as we did after we had no Southern Confederacy. The
Yankees in general had no respect for a turncoat, and those who took the
oath were always spoken of with contempt.
The Account of Confederate Private John R. King continued
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11. The management was somewhat like that at Point Lookout. The head
man inside was a major called Provost Marshall, two captains, assistant
Provost Marshall, Lieutenants and Sergeants assisted him. Our first
Provost Marshall was Major Colt, his assistants were Captain Mungery and
Captain Peck. They were good men and treated us well, but these officers
had nothing to do with feeding, clothing, and housing us. This was done
by contractors, whose ambition was to make money. They were cruel and
caused much suffering.
10. We lived in low tents for the first three months, there being no houses
and we often suffered with cold. The manager arranged the building
of houses two months after our arrival and they were completed near
Christmas. They were 100 feet long by 25 feet wide… a large door was
arranged at each end and two windows in the sides, three rows of bunks,
one above the other were built on the sides of the building, they were 6 by 4
feet with bottom made of rough plank and six-inch boards were nailed on the
outside, to prevent our falling out, shavings or bedding of any kind was not
permitted as the authorities said they produced vermin, but it mattered little
to us for we were already well supplied (with vermin). Two ventilators were
placed in each room, which provided for two stoves. At first, we had wood
stoves, but they were not satisfactory and were replaced by Burnside Coal
stoves.
9. We arrived on August 1…. Our camp was situated in the north east
quarter of the pen. The regular prison hospital was in the northeast quarter,
the big entrance of the big gate, a cross street leading to the cookhouse; all
other of the streets ran east and west. They were ditched and thrown up in
the center. The hospital grounds contained frame buildings of medium size,
tents and smaller buildings for carpenter shops where coffins were made and
other houses for the use of the sergeants and those who were compelled to
be in the prison for various purposes.
and healthier than Point Lookout, and the water was good. It was a pleasant
summer prison for the southern soldiers, but an excellent place for them to
find their graves in winter.
15. One of their (the ward sergeants) duties was to examine all letters
coming to or going from the prison; also every cent of money sent to the
prisoners was credited in a big book and should we find by reading our
letters that money had been sent we secured a written order for everything
14. At times the officers discovered some dirt or misbehavior near one of our
wards, then all the ward was given small rations as a punishment for what
one or two had done. We called these morsels of bread detailed rations
because men who were put on detail at cleaning streets or something of the
kind were given small pieces of bread, and this was all they had to eat while
working. While they were being punished, we nearly starved.
13. Each ward had a headman called a war sergeant. He went to the
cookhouse each morning to learn when to bring his ward, usually about 200
or 240 men. After securing the information he called out, “Fall in 39 and get
your rations!”. We went in a trot, canteens, buckets, tin cans, coffee pots,
rattling, old rags and strings and long unkempt hair, dirt and grey backs (lice),
cheek bones projecting for there was very little of us except skin and bones.
Our legs were spindling and weak. Here, we went over the frozen ground
and in crossing ditches, some poor fellow frequently fell. We were obliged to
leave him struggling to gain his position, as our time was limited.
12. Our rations were better after we arrived at Elmira, but they soon
decreased. We entered the cookhouse by wards, being 42 in all. Soup
was placed on long tables in mess pans. Bread and meat was served in the
morning, bread and soup in the evening. Marching to the tables two ranks
deep, the head of one column stopped at the first place, then the column
separated half of them going on each side of the table, each man stopping at
the next place and so on down the line. By the time the last man reached his
place, the first one was leaving. Each man was obligated to furnish a vessel
in which to carry his soup, it being hot, and we were given no time to let it
cool. Those who could not carry it with them did without soup. Many kinds
of vessels were used—some had canteens with the neck broken off, others
had old tin cans, coffee pots, tin buckets, or often a very small bucket which
a prisoner by the name of Morgan made to sell….
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18. Much sickness prevailed among the prisoners. In the latter part of the
winter, many came from near Mobile Bay and brought with them smallpox.
There were more than 40 cases in our ward, and many died. When seven
years of age I was vaccinated and although surrounded with it, I escaped.
There were also many cases of pneumonia, measles, and thousands of us
were afflicted with the stubborn diarrhea. The poor fellows died rapidly,
despondent, homesick, hungry and wretched. I have stood day after day
watching the wagons carry the dead outside to be buried and each day for
several weeks 16 men were taken through the gate. While the prison was
occupied by us, which was about one year, it was estimated that 3,000
men died.
17. Oil cloth and two blankets was the covering in our bunks, with a big snow
outside and the bitter wind raging around the plank building and whistling in
at the cracks. We didn’t dream of comforts and many of us had very poor
shoes. Mine were ready to be cast aside, and did not get a new pair until the
last day of February. While in the house I wrapped my feet in old rags, which
kept them warm, but in the late winter we were compelled to stand in the
snow every morning for roll call, consequently my feet and shins were badly
frozen.
16. During the winter, those who came from the South felt the cold
exceedingly and died from pneumonia. Our clothes were poor. The pants I
had when arriving at Elmira were in such a bad condition that for a long time I
wore nothing but my underwear. However, when the cold weather appeared
I was glad to welcome old pants again and after much patching they were
a great comfort. In the late winter, out-of-date government coats were
presented to us for overcoats….
we intended to buy. We never saw any money, but there was a sutler store
inside the pen where we made our purchases. Money letters were cried in a
public place and it was necessary to answer several questions before it was
considered safe to deliver the letter. The people at home never knew how
we suffered in prison. If we attempted to tell it in our letters, the censor saw
that they were not mailed.
23. Some enterprising fellow built a large framework outside near the big
gate and not more than fifty feet from the wall. The building had three floors
besides the ground floor and was called the observatory. There was no roof
and it was built for the sole purpose of observation. One on the upper floor
had a fine view of our prison and prices were regulated according to the
floor on which they stood. The building was forty feet in height. When the
22. I will tell you something of the many punishments inflicted on the soldiers;
one was wearing the barrel shirt, the big pork barrel with wooden hoops was
used, one end was out, a round hole was cut in the other end large enough
for a man’s head to pass through. The barrel was put over the body by two
men, leaving the head sticking out through the hole in the end. This he would
have to wear two hours before noon and two hours afternoon with a guard
behind him to keep him in action. Then crosses were nailed on the sides
of the barrel on which the man’s offense was painted in big, black letters.
Sometimes it was for lying, others for theft.
21. The prisoners passed the time making trinkets. Capt. Munger and Capt.
Peck (Assistant Provost Marshalls) secured the material, and after the articles
were completed they sold them in the city for the best price possible, always
remitting the money.
20. Our dead were buried outside by a detail of 16 or 17 prisoners. The
name of the company and regiment of the dead were written on a piece of
paper and put in a tightly corked bottle and buried with the corpse. All were
buried that way. Their caskets were made in the pen by prisoners detailed
for that purpose.
19. The physicians were very good, but it was impossible to save all. At one
time scurvy was among us. There were not many deaths, but it caused much
suffering. I was among the victims. It frequently attacked the mouth and
gums (which) became so spongy and sore that portions could be removed
with the fingers. Others were afflicted in their limbs, the flesh became
spotted and the pains were almost unbearable. The remedy was raw
vegetables and a medicine called chalk mixture…. During the early spring,
the 40th, 41st, and 42nd wards were converted into hospitals.
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26. As the spring passed, the number in our wards decreased. At roll call
there was no answer to nearly a third of the names. Many had died, but early
in the spring about 300 of the sick had been sent south to be exchanged. I
think the government had intended to send most of us back to Dixie in the
spring had the war not closed, but when General Lee surrendered, we then
The hospitals were flooded, and all the sick had to be taken into the city.
The dead house was on a little higher ground; therefore, the dead were not
washed away. We were confined in the higher bunks for a day or two with
nothing to eat or drink but the dirty river water. After the water receded, men
came into our ward through the doors in rowboats, passing near where we
were “roosting.” They gave us something to eat. My, but it tasted good.
25. Then a flood came in the Chemung River. There had been much snow
during the winter, and early in March, the thaw caused high water. The snow
melted rapidly and soon the little Chemung was raging. The water came into
our prison higher and higher, and in a short time the smallpox hospital across
the creek had to be abandoned. The water increased and in a few hours it
reached nearly every house in the prison. The lower bunks were submerged
and the second row was threatened. We were surrounded by a wilderness of
water. A great part of the prison wall was gone, and we could see about half
of the cookhouse extending above the water. In every direction, men could
be seen hustling around in boats trying to save things.
24. A market place was located near one end of the cookhouse where the
prisoners congregated on certain days and tried to sell numberless things
to one and another. They sold rings, watch charms and many other trinkets
made by the prisoners and besides these men would cry their articles on
the market. Some tried to sell eatables… Many men, once strong would cry
for something to eat. I know from experience. A few more of us could have
worked in the carpenter shop had we agreed to take the oath of allegiance
to the United States, but we refused. Our wages would have been 5 and 10
cents per day according to our capabilities.
weather was pleasant, a great many (townspeople) went to the top to look
at us.
1. What conditions were imposed upon the prisoners by their guards and
Union authorities?
2. What conditions were imposed upon the prisoners by themselves?
3. What conditions were imposed upon the prisoners simply by
circumstances?
4. What harmful or inhumane conditions could have been alleviated by the
initiative of Union authorities or of the prisoners themselves even given the
circumstances involved?
5. Reading into Private John King’s account of his experiences in captivity,
what do you infer about the human needs of prisoners? What can you
infer about their potential for being involved in the circumstances of their
own captivity?
6. What were the most positive things that Private King observed during his
captivity?
7. What were the most negative things that Private King observed during
his captivity? According to the specific rules and principles of the Lieber
Code, could any of King’s experiences be considered war crimes or
violations of the law of war?
Guiding Questions
27. As I sat in my bunk despondent and hungry one evening early in June,
Parnell appeared, saying in a low voice: “King, you are going out on the next
load. I heard your name called today at headquarters” … The next morning,
300 of us were taken to the cookhouse and while standing together with
our right hands raised, the oath of allegiance to the U.S. was administered.
Then we were given two days rations, our paroles handed to us and we were
ready for the journey…. The U.S. government gave us free transportation
home as far as we could travel by rail or water.
knew that those who lived would return to Dixie. There was great rejoicing
and ringing bells at Elmira (in town) when the news came that Lee had
surrendered. After that, we received better treatment from the Yankees and
were not guarded so closely.
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NOTE: The numbers given in parentheses are the page numbers from “A
Yankee in Andersonville” as duplicated and published online by The Cornell
University Library Windows on the Past. The jump in page numbers results
from his account being published in two separate journals – his beginning
and then his conclusion.
Given your sense of human dignity and your reading of the specific rules
established by the Lieber Code, what went right and what was wrong among
Private Mann’s experiences as a prisoner? (Refer to Student Resource “What
Are the Basic Rules of the Lieber Code?”)
Possible Questions
The following passages are given in chronological order.
Thomas Mann is the subject of the “Captured” story in the lesson “From
the Perspective of Combatants” Private Mann volunteered for service in
the Union Army in May 1861, just after the war began with the firing on Fort
Sumter. He enlisted in the 18th Massachusetts Volunteer Infantry Regiment,
which was formed locally of “mostly schoolmates and acquaintances” from
his hometown of Wrentham, Massachusetts. His regiment was part of the
Army of the Potomac, and he served for three years and in 22 battles until
captured at the Battle of the Wilderness in May 1864. From there, he was
transported to and kept in Confederate prison camps for 10 months, starting
in Andersonville, Georgia, and ending in Florence, South Carolina, from where
he was released at the end of the war.
The following passages were quoted from the memoirs of Union Private
Thomas Mann, which were written in 1866-67 and then revised for publication
in the 1880s.
6. (449) We were searched, and robbed of everything valuable—watches,
money, knives, extra blankets, and shelter tents, they telling us we should
soon be exchanged, and could get more of the same kind. All that we were
allowed to keep, except the clothing on our backs, was our choice of an
overcoat or a woolen blanket.
5. (448) We were told by our guard that we should be exchanged in a few
days by way of Richmond and City Point. We believed it, and therefore none
of us made any attempt to escape. We arrived at Orange Court House
about one o’clock the next morning – to use an army phrase, ‘completely
played out’—and were there crowded into the jail yard, our number just
packing it full.
4. (448) After dark, a guard was detailed to march us to Orange Court
House, a distant 25 miles. We were all exhausted with the day’s fighting and
heat, and the march before us did not look very promising; for go we must,
and that too, at the point of a bayonet.
3. (448) Here I saw General R. E. Lee for the first and only time in my life.
He sat upon his horse…. He remarked as we filed past him, ‘Am sorry to see
you in this fix boys, but you must make the best of it.’ His tone was kind, and
spoken as though he really sympathized with us, as I have no doubt he did.
2. (448) Of course we surrendered, and were ordered back to the rear of
their line of battle, about two hundred yards, where we were considered
safe enough without having any special guard placed over us. We busied
ourselves for two hours in ministering to the wants of our wounded, who lay
scattered about in every direction and every possible condition of suffering,
bringing them water, and binding up their wounds to the best of our ability.
What went right and what went wrong?
A Yankee in Andersonville, the Account of Union Private Thomas Mann
1. (448 – At the Battle of the Wilderness – May 1864) In trying to move
across a miry place, together with several of my immediate comrades, we
were held fast in the mud, and before we could extricate ourselves, in our
partially exhausted condition, the “Rebs” were upon us, giving us no choice
but to surrender or be shot down.
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The Account of Union Private
Thomas Mann
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11. (450) I met prisoners from the other prisons, conveying water, who had
been confined in these tobacco houses for nearly two months, and they
looked more like ghosts than human beings – hardly able to drag one limb
after another, their skin bleached to a dead white, and their bodies thin with
the appearance of transparency…. The dispositions of old comrades were
10. (449) The quantity of our rations was now sufficient, though the quality
was doubtful; but quantity was the principal item with the majority of us,
although the stomachs of many rebelled against the coarse cornbread and
fat bacon…but the lack of fresh air during the heat of the day was the most
unbearable. A barrel of water stood on each floor, and a detail was made
from our number to keep the barrels full.
9. (449) One morning all was bustle and confusion, because we were going
to be sent South for “immediate exchange,” so we were soberly informed
by the officers of our guard. Our exchange proved to be from the open
air to the crowded, filthy rooms of a large tobacco warehouse at Danville,
Virginia…a plain, brick, three-story building. Two hundred and fifty were
packed upon each floor, giving each man a space of six by six feet, which
made it very crowded. An approach to the windows was not allowed, and
was considered to afford a legitimate target for the guard below.
8. (449) We were marched outside the village half a mile, down through
a steep gully, into a kind of natural basin containing perhaps five acres,
surrounded on all sides by high hills, and overhead the blue sky. A brook,
clear as the blue heavens above us came leaping through it from the foot of
the Blue Ridge; a prettier, more retired spot could not be imagined…. Here
we remained one week, without any serious cause for complaint except once
they neglected to issue our daily allowance of hard-bread and two ounces of
bacon. The weather was fair and warm, so we did not once think of shelter.
7. (449) About noon, we started for Gordonsville, very much lighter loaded
than the night before, and reached that place (about nine miles) in the
afternoon. A train of boxcars was waiting, and we were soon hustled on
board, packed sixty in a car. We rode thus all night, reaching Lynchburg early
the following morning.
The Account of Union Private Thomas Mann continued
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13. (451— a stopover in Charlotte, North Carolina) There were plenty of lone
widows who gathered about the train, each with a fragment of something
to sell. One had half a dozen ginger cookies in a peck basket for which the
modest sum of ten cents each was asked; another had three-quarters of a
sweet-potato pie, rather a doubtful compound, and asked only twenty-five
cents a quarter for it, in Confederate money. One of my comrades, of the
1st Michigan dickered with her for it, and finally obtained the whole three
quarters for five cents in silver. They seemed willing to take our greenbacks
in exchange for their produce, but asserted that it was a prison offense to
do so, and therefore dared not openly take them in presence of our guard.
Another of my comrades sold his watch to one of the citizens of the place
for $212 of their currency, the watch being worth in ours about six.
12. (450 — enncamped after being shipped out further south) We were
hungry and our empty haversacks only laughed at us, but about nine o’clock
a quart of flour was issued to each man; no salt to be had. Every other
man soon had a fire of small sticks started, and by a careful inventory we
discovered that about every third man was the owner of a tin plate, so we
quickly formed clubs of three for baking purposes. A stick split at one end
would grasp the plate like a pair of pincers, making a handle to our bakingdish. One kept the fire in operation by constantly feeding and blowing it;
another procured the water and mixed the dough in our tin cups, and the
third attended to the baking… by eleven o’clock, we all managed to eat a
hearty supper of unleavened, unsalted cakes….
rapidly undergoing a change. They were not so ready to help each other, and
do that for another which would in the least lessen one’s own chances or
advantages. If there was a selfish vein in one’s disposition or temperament,
that trait now began to predominate.
3/6
18. (454) Richard Lovell, Richard Williams, and Charles Wilmarth, who had
associated with me thus far, now proposed that we unite our stock, and thus
build a common shelter. Our combined effects consisted of two woolen
blankets, two overcoats, two case-knives…two tin cups, one tin plate, and
three canteens…we selected the best unoccupied spot for a location; with
our case-knives and hands we scooped a level place upon the hillside barely
17. (454) For convenience in drawing rations and being counted each
morning, they had been divided into detachments of two hundred and
seventy men each, and one of their own non-commissioned officers placed
over each company. Each detachment was subdivided into sections of
ninety men, with a non-commissioned officer over each.
16. (454 — In Andersonville) We joined inside the enclosure thirteen
thousand of our comrades in arms, but they were not to be recognized. They
seemed a different race of the human family, and vastly more squalid than any
I ever had seen or heard of—maciated forms, half human and half spectral,
black with filth and smoke, and swarming with vermin. As we were driven like
sheep into the stockade, they crowded about us, making inquiries faster than
they could be answered.
15. (453 — arriving at Andersonville) We had little time for thought before a
round-shouldered, blustering little man upon a white horse rode the length
of the train, and with many a curse and oath ordered us all out…after much
blustering and more cursing we were formed into two lines, giving room
for us to pass between, four deep…. Upon reaching the inclosure we
halted while a part of our number were formed into a detachment, and the
remainder were ordered to be placed upon the rolls of the older detachments
already in the pen.
14. (453 — near Augusta) We were here informed that the reason of the lack
of rations along our journey was the fact that the officers in charge depended
on chance supplies for the prisoners along the route, without sending any
notice ahead of our approach; that the inland towns could not get together
enough to ration us all without at least a day’s notice. The trains that
followed ours fared better.
SR
20. (455) Our prison was an enclosure of fifteen acres; the stockade was
built of pine logs, hewn square, set into the ground about five feet with fifteen
feet above the ground, and set side by side so closely that no space was
left between. Upon the outside of the stockade, and near the top, sentry
boxes were placed at short intervals completely around the whole. Inside
the stockade, fifteen feet from it, a slender railing was run, known as the
‘dead-line’ the sentries being ordered to shoot any person who set foot over
it or in any manner interfered with it. Every night, large fires were kindled of
torchwood, or ‘lightwood’ as it was called, forming two lines of these fires,
one on each side of the stockade, some thirty or forty feet outside, and
intended to light up the prison so that no secret movement could be made
under cover of the darkness of the night.
19. (454-5) …about the middle of the afternoon rations began to come
in. They were loaded upon wagons, each wagon drawn by two mules, and
consisted of coarse bread and old bacon. Each wagon was accompanied
by a guard while being driven within the stockade and distributing its load
at the headquarters of each detachment. The detachment sergeants issued
it in equal lots to the three squad sergeants, and they again, dividing it
as equally as possible, gave to the ninety individual men…. It would be
impossible for any man, however nice his judgment, to divide the bread and
meat into exactly even pieces…. We were all numbered, and so soon as the
rations were ready for delivery I was asked to turn my back to them; then the
sergeant would place his hand upon one of the rations at the same moment
asking me what number should have it. I called out what number I pleased;
and, not being able to see what particular ration the sergeant had his hand
upon, no one could complain that any favoritism was shown.
large enough for our number to lie upon. It was necessary that we should
have two upright poles and a cross pole, or ridgepole in order to stretch our
blankets in the form of a roof over our heads. We thoroughly searched the
whole interior of the stockade for material enough for the purpose, but could
obtain none without purchasing and we finally bargained for three poles,
each of them smaller than common beanpoles by paying a dollar and fifty
cents in greenbacks.
4/6
26. (456) The thirteen thousand prisoners that we found in the stockade
upon our arrival in May had, almost to a man, given up all hope of exchange
or of ever reaching home again, and were every day and hour simply lying
down to die. There was hardly a half-hour during the whole day and night
but that at least one was passing away to his everlasting home. They had
ceased to care for cleanliness, or to take any precautions for their health,
25. (455) We had no books, papers, or pamphlets; only a few Bibles brought
in by the prisoners. I was fortunate enough to possess a copy, which was so
well read by my comrades that nothing remained of it to bring away.
24. (455) No provision was made, until near the very close of our
incarceration at Andersonville, towards carrying off the refuse and sewerage
of our prison, and no sanitary regulations had been put in force. The filth that
accumulated through those long summer months can neither be described
nor imagined.
23. (55) In building the stockade, every tree within it had been cut, and
although made within a heavy growth of the beautiful Southern pine…not a
tree was left for a shade from the scorching Southern sun, or to furnish us
with material with which to build our own shelters, to say nothing of firewood
for cooking purposes.
22. (455) The stockade inclosed two side hills, a brook, small and muddy,
running through the valley between dividing the inclosure into nearly equal
halves…. The cook-house, where all the bread was baked and meat boiled,
stood upon this very brook, above and outside the stockade, so that all the
greasy scum, refuse, and dirt from it came floating through the inclosure that
we inhabited, upon the surface, or mixed with the water we were obliged to
drink and to use for washing. The camps of our guard were so located that
all their sewerage came down through our inclosure.
21. (455) Upon two sides of the stockade, and some two to four hundred
yards distant, were two earthworks, one upon either side, and each mounting
four cannon. These were manned at all hours of the day and night, ready at
a moments notice to pour a destructive fire of grape and canister into the
crowded pen.
SR
29. (457) The only authorized representative of the Christian religion who
possessed enough of it to visit the thirty thousand men in the prison pen
was a Roman Catholic priest, Father Hamilton, who came in quite regularly,
at least every Sabbath, for several weeks. He talked kindly to us, displaying
much sympathy for our condition, and administering the last rites of the
Church to all the dying men who would accept, without any regard to
individual beliefs.
28. (456) …there were forty or fifty tunnels in process of construction at one
time. In several instances, the operators were successful, and made good
their escape from the stockade for a few days or weeks perhaps, but were
almost invariably recaptured by the hounds and hunters. The majority of the
tunnels were a total failure, except that they served to give employment and
to keep hope alive. They were pretty sure to be discovered by our keeper
Wirz, who had the aid of traitors among our own numbers, or of spies sent
among us.
27. (456) We began to dig wells, as much for employment as anything, but
yet for the purpose of procuring more and better water. We used an old tin
plate or a split canteen for a shovel and our haversacks for buckets to elevate
the dirt. The soil was hard red clay, yet with our meager tools several wells
were dug over eighty feet deep, and one that reached one hundred feet in
depth. But the supply of water thus obtained was very small, only satisfying
the wants of the few who had the courage and pluck to dig…. Another
industry was the digging of tunnels….
though upon the arrival of our fresh-looking men they seemed to show
a little more regard for their personal appearance and health. Upon our
rallying them, some would brighten up and appear more hopeful, so that
for a few weeks the death rate was materially reduced; but as the heat
of summer advanced and the number of prisoners increased to thirty or
thirty-five thousand, our death rate rapidly grew, and it was soon a common
occurrence to carry out a hundred dead men from the stockade in one
morning. Two hundred and twelve were carried out one day in August.
5/6
33. (459) There was a sutler located within the stockade, whose
establishment contained a little flour, soda, salt, cream of tartar, pepper,
sweet potatoes, onions, etc…. Trade grew rapidly among us, and soon onehalf our number were trying to better their own condition by trading with one
another and selling to the other half. The Western troops, captured from
Sherman’s and Thomas’ commands, were not robbed of their money and
valuables, as were the Eastern troops, so there was considerable money
floating within the prison among the privileged few; but it was constantly
32. (459) About the middle of July, the stockade was enlarged by an addition
to its north end of about ten acres, which doubled our space, yet the fact
was hardly noticed. It gave us for fuel the old section of stockade, which was
rendered useless by being inclosed within the new, and ten acres more of
stumps and roots, thus affording for three or four weeks some relief for the
fuel famine.
31. (458-9) …there was pretense of cooking the rations of cornbread and
bacon; but before the 1st of July they were issued to the majority of us raw
—about one pint of coarse cornmeal and two ounces of bacon per man.
This would have been preferred, only there were no adequate measures
taken to supply us with fuel to cook it with…. In spite of all our complaints
and begging, all our grubbing for roots, after exhausting all our ingenuity,
thousands ate their cornmeal raw every day, and it certainly was not strange
that so many perished in Andersonville from diarrhea alone. Add to the raw,
coarse, cornmeal the warm, filthy water which the great mass were obliged
to drink, and one of the causes of the fearful death rate in Andersonville is
explained.
30. (458) The sentinels and guard at Andersonville were ‘home guards’
composed of boys from twelve to sixteen years of age, and of old men unfit
for active duty. The older sentinels were not so rash or bitter in performing
their duties, but the boys would often embrace the slightest opportunity for
maltreating us. It was a common rumor that a premium—a furlough of thirty
days – was offered for every prisoner shot by a sentinel while upon his post.
SR
36. (607) This court was quickly organized. The judge to preside was
selected by ballot, and the jury was drawn from a panel of a thousand. The
prisoners had the privilege of pleading their own case, or of employing
anyone within the stockade to plead for them. Two attorneys were selected,
from a number of that profession among us, to proceed against the
prisoners. The trial continued six or eight days. It was conducted as fairly
and honorably as was possible under the circumstances; and forty or fifty
35. (607) The gang were known as the “Raiders.” They had everything their
own way for nearly three months, when it was discovered that several of our
number had been murdered by them. This knowledge stirred us up a good
deal, and we soon sent out a petition to the authorities praying for some
interference in our behalf. They granted our request at once, and sent in
twenty or thirty of their best men, armed with revolvers, to assist us in hunting
out the desperadoes…. Some two hundred of these raiders were pointed
out by the different prisoners…. Wirz informed our leading men within the
prison that he dared not proceed against these men, either by court martial
or by any civil law that could be had in the vicinity; but that he would allow us
to organize a court, judge, and jury, and try our prisoners, as he called them,
by a court of our own; and that he would render all the assistance in his
power in guarding the prisoners for us, and in furnishing proper facilities for
executing the sentences that the court might impose.
34. (606) As the “greenbacks” (new prisoners from the Western armies)
thus increased within our prison, villainy advanced with rapid strides. An
organized band of over two hundred members, selected from the most
unprincipled and healthier prisoners, bound together by oaths, and armed
with short, heavy clubs, overran the prison-pen. They committed their
depredations every night, and became a terror to us all. They finally grew so
bold as to knock down and rob men during the day….
changing ownership and, finally, it all got into the hands of the very few,
except the greater part that found its way outside by passing through the
sutler’s shop.
6/6
After this, Captain Wirz, commandant of the prison camp at Andersonville
allowed and enabled a number of last-minute adjustments to better the situation
of prisoners. However, due to the approach of Sherman’s army, the prisoners
were transferred away to other facilities. Mann’s account goes on to detail
a number of failed attempts at escape prior to his confinement at a similarly
harsh prison in Florence, South Carolina, from where he was paroled (freed)
at the end of February 1865, when the South was on the verge of defeat and
no longer able to hold Union prisoners.
37. (608) A league had been formed by the better class of prisoners, several
days before the executions, for the purpose of protecting our lives and scant
property; and it was by the aid of this league, headed by a character known
as “Big Pete,” that these raiders were brought to justice. This league, or
‘police’ as they were called, was ever after kept up, and constituted itself into
a complete government for the stockade within the dead-line….
of the two hundred arrested were convicted of crime of some nature, and
sentenced to punishment…. Six of the number were clearly found guilty of
murder in the first degree, and sentenced to be hung within the stockade
upon two days’ notice….
SR
1. What conditions were imposed upon the prisoners by their guards and
Confederate authorities?
2. What conditions were imposed upon the prisoners by themselves?
3. What conditions were imposed upon the prisoners simply by
circumstances?
4. What harmful or inhumane conditions could have been alleviated by the
initiative of Confederate authorities or of the prisoners themselves even
given the circumstances involved?
5. Reading into Private Mann’s account of his experiences in captivity, what
do you infer about the human needs of prisoners? What can you infer
about their potential for being involved in the circumstances of their own
captivity?
6. What were the most positive things that Private Mann observed during his
captivity?
7. What were the most negative things that Private Mann observed during
his captivity? According to the specific rules and principles of the Lieber
Code, could any of Mann’s experiences be considered war crimes or
violations of the law of war?
Guiding Questions
Source: Summaries of sample articles of the Lieber Code in relation to the basic modern rules of international humanitarian law.
General Orders No. 100, Instructions for the Government of Armies of the United States, in the Field, 1863 (known as the Lieber Code).
3. Protective Emblems [Art. 115]
a.It is customary to designate by
certain flags (usually yellow) the
hospitals in places which are
or may be shelled, so that the
besieging enemy may avoid
firing on them
2. Protection of Property [Art. 35]
a.Classical works of art, libraries,
scientific collections, and
hospitals must be protected
against all avoidable damage,
even when they are located in
fortifications (military sites)
4. Treatment of Prisoners [Art. 80]
a. It is not permissible to use
violence (i.e., torture) against
prisoners in order to extort
desired information or to punish them for having given false
information
3. Treatment of Wounded Enemy
[Art. 79]
a. Every captured wounded enemy shall be medically treated,
according to the ability of the
medical staff
b. Revenge should not be
wreaked upon a prisoner by
the intentional infliction of any
suffering, or disgrace, by cruel
imprisonment, want of food, by
mutilation, death, or any other
barbarity
2. Objective of War [Art. 68]
a.Annihilation of the enemy is not
the object of war
b.Destruction of the enemy in
war should be considered a
means to a lawful objective
which lies beyond the war
c.Unnecessary or revengeful
destruction of life is not lawful
1. Treatment of Civilians [Art. 23]
a. Civilians should not be murdered, enslaved, or carried off
to distant lands
2. Treatment of Prisoners [Art. 56]
a. A prisoner should not be
subject to any punishment for
merely being an enemy
1. Military Necessity Defined
[Art. 14 and 16]
a.Military necessity refers to the
need of those measures which
are indispensable for securing
the ends of the war, and which
are lawful
b.Military necessity does not
permit cruelty—that is, the infliction of suffering for the sake of
suffering or for revenge, nor of
maiming or wounding except in
a fight, nor of torture to extort
confessions
c.Military necessity does not
permit the use of poison, nor
of wanton devastation
d.Military necessity permits the
use of deception, but does not
permit acts of perfidy
e.In general, military necessity
does not include any act of
hostility which makes the return
to peace unnecessarily difficult
Civilians and combatants who
are hors de combat must be
protected and treated humanely.
When planning or carrying out
an attack, distinction must be
made between civilians and
combatants and between civilian
objects and military objectives.
1. Protection of Civilians and their
Property [Art. 22]
a.An unarmed civilian should not
be physically harmed, as much
as the exigencies of war will
permit
b.The property and honor of an
unarmed civilian should not
be damaged, as much as the
exigencies of war will permit
The only legitimate objective of
war is to weaken the enemy’s
military forces.
treatment
Distinction
Weapons and Tactics
What are the basic rules of the Lieber Code?
SR
2. Protection for Hospitals
[Art. 116]
a.Hospitals should be requested
to identify themselves (e.g.,
displaying a yellow flag)
b.Combatants and belligerents
should not attack hospitals,
and should respect the protective flag or signals of protection
1. Civilians who accompany the
Armed Forces [Art. 50 and 53]
a.Civilians who accompany an
army for whatever purpose,
such as sutlers, editors, or
reporters of journals, or contractors, if captured, may be
made prisoners of war, and be
detained as such
b. The enemy’s chaplains, officers
of the medical staff, apothecaries, hospital nurses and servants are not prisoners of war,
unless the commander (of the
detaining forces) has reasons
to retain them
c. In this latter case, or if, at their
own desire, they are allowed
to remain with their captured
companions, they are treated
as prisoners of war, and may
be exchanged if the commander sees fit
Certain categories of people
and objects must receive
additional protection.
Specific Protection
1/2
Example: Treatment, Article 56
Example: Statement 14 (Private John King) –
Officers punished all prisoners in a ward for the
misbehavior of one or two prisoners by reducing
food rations to the point where prisoners nearly
starved.
Statement #
Statement #
Statement #
Violations
Describe the wrongful action
Worksheet: Which Lieber Code Rule was violated? Chart A
SR
Example: The officers’ harsh treatment of all the
prisoners in the ward was intended to make an
example to anyone who misbehaved or didn’t keep
their area clean.
Reasons
2/2
Example: Statement 14 (Private
John King) – Officers punished the
entire ward by reducing food rations
in order to punish several who were
misbehaving or not keeping their area
clean.
Statement #
Statement #
Statement #
Violations
Write down one wrong thing that
someone did
Example: Prison camps on both
sides withheld food in retaliation for
poor conduct resulting in inhumane
treatment for everyone. Military forces
stopped releasing or exchanging
prisoners.
Name a violation that did
(or could) follow
Worksheet: Which Lieber Code Rule was violated? Chart B
SR
Weapons and Tactics,
Articles 14 and 16
Violations
1/3
Observations:
Topic: ______________________________________________________________________________
Interaction Worksheet: Observations, Reactions and Questions
SR
Name: _________________________________________
1/3
2
Reactions:
Topic: ______________________________________________________________________________
SR
Name: _________________________________________
1/3
3
Questions:
Topic: ______________________________________________________________________________
SR
Name: _________________________________________

Identifying Violations

Transcription

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