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To: 4ConservativeJustices; fortheDeclaration
"... the slaughter of unarmed civilians by military force is - a policy adopted by the union forces."

Under no circumstances was the slaughter of unarmed civilians the policy of the United States military. Had you actually read General Orders No. 100 (Lieber Code) you would have seen the policy on Insurrection - Civil War - Rebellion in Section 10, Articles 149 to 157, inclusive.

First, no resident in a rebellious, "seceded" state was entitled to any Constitutional protections. Those states had thrown off the Constitution and were in rebellion. As such, they were subject to the Laws of War. The "Instructions for the Government of Armies of the United States in the Field" - Lieber Codes of April 1863 - sought to compile and explain the rules of war as applied to the rebellion.

Article 155 talks specifically about the policy regarding civilians:

All enemies in regular war are divided into two general classes - that is to say, into combatants and noncombatants, or unarmed citizen of the hostile government.

The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizen may further be classified into those citizens known to sympathize with the rebellion without positively aiding it, and those who, without taking up arms, give positive aid and comfort to the rebellious enemy being bodily forced thereto.

Article 156 continues:

Common justice and plain expediency require that the military commander protect manifestly loyal citizens, in revolted territories, against the hardships of the war ad much as the common misfortune of all war admits

The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens, of the revolted portion or province, subjecting them to a stricter police than the noncombatant enemies have to suffer in regular war; and if he deems it appropriate, or if his government demands of him that every citizen shall, by oath of allegiance, or by some other manifest act, declare his fidelity to the legitimate government, he may expel, transfer, imprison, or fine the revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government.

Whether it is expedient to do so, and whether reliance can be placed upon such oaths, the commander or his government have the right to decide..

Article 157 states:

Armed or unarmed resistance by citizens of the United States against the lawful movement of their troops is levying war against the United States, and is therefore treason.

"Per Lincoln's Lieber Code, the attempted assassination of President Jefferson Davis and cabinet was illegal, yet such was attempted."

Assassination is addressed in Section IX, Article 148:

The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.

With regard to the failed raid led by Col. Dahlgren, you have yet to show that Dahlgren was under "orders" to assassinate Jefferson Davis and his cabinet. His "orders," as can best be derived from the prepared speech to the raiders, was to free Union prisoners, to burn Richmond, and disrupt the confederate war effort - which is a reasonable and lawful military goal. From the "speech": "We hope to release the prisoners from Belle Island first, and having seen them fairly started, we will cross the James River into Richmond, destroying the bridges after us and exhorting the released prisoners to destroy and burn the hateful city; and do not allow the rebel leader Davis and his traitorous crew to escape."

I tend to believe that the existing papers are not faked, but given that they are real, they only show what Col. Dahlgren had in mind. This does not represent any policy or plan of the government of the United States, but only the exuberance of a young colonel.

4,456 posted on 04/06/2005 11:40:25 PM PDT by capitan_refugio
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To: capitan_refugio
Had you actually read General Orders No. 100 (Lieber Code) you would have seen the policy on Insurrection - Civil War - Rebellion in Section 10, Articles 149 to 157, inclusive.

I've read the Lieber Code - 'unarmed resistance by citizens of the United States against the lawful movement of the troops is levying war'. Of course the military determines what is lawful, eh? Is failure to provide food or shelter 'levying war'? Lieber invented this tripe to EXCUSE the atrocities committed by Union troops.

Regarding Dahlgren, you wrote:

His "orders," as can best be derived from the prepared speech to the raiders, was to free Union prisoners, to burn Richmond, and disrupt the confederate war effort - which is a reasonable and lawful military goal. From the "speech": "We hope to release the prisoners from Belle Island first, and having seen them fairly started, we will cross the James River into Richmond, destroying the bridges after us and exhorting the released prisoners to destroy and burn the hateful city; and do not allow the rebel leader Davis and his traitorous crew to escape."
"[T]o burn Richmond ... to destroy and burn the hateful city ... do not allow the rebel leader Davis and his traitorous crew to escape."

Clueless, what part of that do you not understand?

4,477 posted on 04/07/2005 6:45:54 AM PDT by 4CJ (Good-bye Henry LeeII. Rest well my FRiend. Good-bye Terri. We'll miss you both.)
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To: capitan_refugio
With regard to the failed raid led by Col. Dahlgren, you have yet to show that Dahlgren was under "orders" to assassinate Jefferson Davis and his cabinet.

And what will be required to "show" that, will rise in difficulty as more material is produced, right?

You've played this game before, capitan, and we remember.

4,492 posted on 04/07/2005 8:53:19 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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