Chapter

Rules of War and Later Military Confiscation

John Syrett

in The Civil War Confiscation Acts

Published by Fordham University Press

Published in print April 2005 | ISBN: 9780823224890
Published online September 2011 | e-ISBN: 9780823240852 | DOI: http://dx.doi.org/10.5422/fordham/9780823224890.003.0006

Series: Reconstructing America

Rules of War and Later Military Confiscation

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The military's participation in confiscation occurred during a period of critical discussion about the rules of war. When the Civil War began, the Union forces possessed no adequate military code to guide their conduct in the conflict. The only available American guides were General Regulations for the Army, written by Winfield Scott and published in 1821, and Regulations for the Army of the United States 1861, which were inadequate to the problems that arose in the war. Lieber's Orders were conservative on property, they were much less so on slavery. The replacement of Ben Butler by Nathaniel Banks in New Orleans in December 1862 emphasized the president's moderate position on confiscating private property that was also seen in Lieber's Orders. Bates's arguments over the definition of military confiscation with Wallace and Butler typified the conflict between the civil and military branches under the confiscation acts.

Keywords: Ben Butler; Nathaniel Banks; military; Civil War; regulations; confiscation; Lieber's Orders

Chapter.  7348 words. 

Subjects: History of the Americas

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