Bleached Bones from Shiloh to Corinth

As the Civil War progressed, the Union army picked up a new innovation, burying the bodies after a battle. During prior wars, the European armies did what armies had done forever, they focused on the moment and left their dead behind. But, as the civil war commenced in 1861, the Federal government issued an order that each commander would be responsible for burying his dead. Even with this order, the Union forces often buried their dead quickly in graves which were quickly undone.

The Confederate Army issued no such order. Even if they had issued such an order, it is unlikely the Confederates had the resources to bury their dead. After the Battle of Antietam, Matthew Brady took pictures of the dead soldiers. Most of the dead soldiers we see today in his pictures are Confederates. The Northerners had already buried their dead by the time Brady took his pictures. Historian Katherine Jeffrey recounts the story that the retreating Confederate army had rescued the body of one young officer from behind enemy lines, only to leave it lying by the road along with other officers. This occurred during the Battle of Antietam (Sharpsburg) and the army was hastily pulling back to Virginia. They Confederate army lacked the wagons necessary to transport even the dead officers to a proper burial.

So, after the war, there were tens of thousands of Southern bones left lying beneath the sun unburied and unremembered. In the North, the federal government had started collecting and burying veterans in 1862. In that year, the federals set up the first veteran burial ground. Prior to 1861, fallen soldiers would have been buried at the post cemetery or in some quick grave on the prairie. But, by 1862, that simple system was quickly overwhelmed. The federal government responded by creating what we know today as national cemeteries for veterans. By 1865, there were some 30 national cemeteries for federal veterans. See National Park Service website here.

Gettysburg Battlefield

At the Battle of Gettysburg, 5,500 Southern boys were killed or suffered mortal wounds. Some 16,000 were wounded. In the ensuing retreat, hundreds of the wounded were left behind to die a slow, lingering death. Many of the dead lay in the open, to be feasted on by maggots and hogs. Those who received a shallow burial were uncovered by the heavy rains that fell soon after the battle. Two weeks after the battle, Southern bodies could be seen lying all over the battlefield out in the open, under the gray skies. One correspondent wrote:

“Day and night, rain or shine, cold or hot, there they lie. Hour by hour they die off, are carried to the trenches, a foot or two deep, in which they are to lie … and to remain there in continually increasing groups until the parties whose duty it is to come around to tend to their internment. It is awful, it is terrible, it is horrible beyond expression”

The Confederate dead at Gettysburg received a shallow burial or burial in trenches. None were buried in the national cemetery at Gettysburg. See website here.

“In the spring of 1864, there had been scattered calls in the Gettysburg Sentinel to collect the “Rebel remains,” in the name of “a common humanity,” but the pressures and politics of war-time had forestalled such.” See website here. And, how many of those 450,000 were buried? Not many. 482 dead Confederates were buried at Arlington cemetery. Arlington burials started in late 1864.

Wake County, North Carolina

There is no known figure for which or how many of the Confederate dead received a decent burial. Whatever burial the Confederate soldier received was ad hoc. For example, the ladies of Wake County, North Carolina first started making an effort to re-bury the Battle of Gettysburg dead Confederates in 1874. That means, nine years after the war, one group of women in one county made an effort to bury North Carolina bodies which had received a shallow burial at one battle. See University of North Carolina science website here. Other groups from other states also started making an effort to bury the Gettysburg dead years after the war had ended. See NPS website here.

Shiloh Battlefield

Confederate dead were left where they fell. The remains might be moved aside to gather the remains of a federal soldier, but not buried. So, advertisements appeared in the newspapers of the day seeking funds for recovering the bones of their deceased loves ones, like this ad:

“The Shiloh Burial Association, formed for the purpose of purchasing a portion of the field, where the gallant Johnson fell, for interring the Confederate dead, whose bones lie bleaching from Shiloh to Corinth, have issued an appeal to the people. The object is to obtain two hundred acres of this sacred soil, fell the timber, make a fence, and plant Osage Orange for a hedge. Contributions may be sent to S.D. Lee at Columbus, or Maj. Upshaw at Holly Springs.”

S.D. Lee was Stephen D. Lee, who served in the Confederate Army. He graduated from West Point. He was not related to Gen. Robert E. Lee. He lived in Columbus, Mississippi after the war. The statement about the bones refers to the thousands of dead from the many battles up and down the Mississippi River valley, from Shiloh, Tennessee down to Corinth, Mississippi and still further south. Mr. Lee helped create the Vicksburg National Park Association which later lead to the creation of the Vicksburg Battlefield Park. Stephen D. Lee died after giving a talk to Union veterans from Wisconsin and Iowa, regiments which he faced during the war. He was very active in planning and organizing veteran reunions.

Only in the early 1950’s, when the number of remaining Confederate veterans could be counted on one hand, were national cemeteries opened to Confederate veterans. Most Southern boys, especially in the western theater were simply left where they fell. So, in the South, those Confederate memorials took on added importance.

Sources:

West Baton Rouge Sugar Planter, Nov. 24, 1866

Katherine B. Jeffrey, First Chaplain of the Confederacy, (Baton Rouge: LSU Press 2020), p. 57, 75

The Committee of 51 and Reformers, No. 2

In 1872, after all the fighting over the New Orleans carcass, the white Democrats were becoming agitated. Some had allied with the Custom House faction, in order to get rid of Gov. Warmoth. Dozens gathered in Lafayette Square, off Canal Street. The meeting included many carpet-baggers and black Republicans, as well. It devolved into a meeting of the anti-Warmoth faction.

The State Militia

The Custom House leaders approached senior white officers in the state militia. Packard (the Custom House faction leader) and his supporters suggested the militia attack the Metropolitans guarding the state house, so as to provoke a crack-down by Federal troops. Eugene Waggaman, the commander, rightly asked Packard how he could be sure the Federal troops would not arrive and arrest the militia under the recently passed Ku Klux Klan law? Packard simply looked at him with his hands in his pockets. Waggaman, a former officer in the Washington Artillery during the war, was suspicious of the Custom House gang. Too, it simply struck him as dis-honorable to attack a force, simply as a ruse. The militia turned down the Custom House gang.

Eventually, Gov. Warmoth won. The legislators at Packard’s saloon eventually found their way back to the state house. The state house was securely guarded by the Metropolitans and the state militia.

Meanwhile, the white Democrats were more and more upset about this breakdown of government and order. They were anxious to restore New Orleans to something like normalcy. Many of them sought a middle ground, somewhere between the reactionary white radicals and the Warmoth carpet-baggers.

A group of merchants, including many members of the new Boston Club, formed the Committee of Fifty-One. They held a mass meeting on the steps of City Hall four days after the close of Mardi Gras. Thousands attended. The Committee included 162 Vice-Presidents. The Committee included the head of Leeds Foundry, Charles Leeds, prominent lawyers and doctors. It included well-known Creole African-Americans. New Orleans was unique in the South in that it had a long tradition of freed blacks who were well-educated and well-travelled. These Creole Blacks similarly sought a more stable government. The Committee also included many working class whites. The Committee included Frederick Ogden Nash, who in just a few years will lead the whites at the Battle of Liberty Place. Edward D. White, the future Supreme Court justice also joined the group.

The Reform Party

The Committee adopted resolutions supporting a return to work. The resolutions tossed aside any “Lost cause” sentimentality. They called for the creation of a new party, the “Reform” party. They called for a convention to select candidates, regardless of color and previous political association. They adopted a platform lamenting that the lack of “political sympathy” between the black and white races of Louisiana had rendered her a “victim to the most frightful spoliation and robbery.” The party platform attacked the Warmoth regime. But, they did not address the issues of sharing transportation between the races or discuss the many white and black men then supporting the Warmoth regime. That was still an issue too sensitive.

Lt-Gov. Pinchback’s newspaper, the Louisianian, criticized the Reform party as hypocritical. They would seek black support, but would not share a carriage or trolley car with a black man. Still, this was the first movement toward something like equality. Similar movements occurred across the South, as whites tired of Federal occupation.

Justin A. Nystrom, New Orleans: After the Civil War (Baltimore: Johns Hopkins Press 2010), p. 118-120

A View of the Constitution

Today, we take it for granted that secession is in some way unlawful or beyond the pale. Which is a good thing. Imagine the stock market if secession was bandied about whenever there was fussing over the national budget, or whenever there was a pandemic. But, it was not always assumed that secession or adjustment of the “united” states was beyond the pale. In William Rawle’s A View of the Constitution, (1829 2d Ed.), the author prescribed how to effect a secession in a lawful, binding way. Mr. Rawle, a well-trained lawyer for his day, lays out the requirements for a stable, effective secession:

… the secession must in such case be distinctly and peremptorily declared to take place on that event, and in such case — as in the case of unconditional secession — the previous ligament with the Union, would be legitimately and fairly destroyed. But, in either case [of a conditional or unconditional secession] the people is [sic] the only moving power

A View, p. 303

Mr. Rawle explains that by making clear the conditions for a secession, a state may secede and break that “ligament.” His book on the Constitution remained the pre-eminent text on the U.S. Constitution through the 1850’s. It remains today a primary source of information in court cases concerning the right to bear arms and the Constitutional role of militias. His views have been cited numerous times in various court cases concerning the Second Amendment, a President’s recess appointments and other Constitutional questions. Mr. Rawle was a prominent lawyer who had been a member of the Pennsylvania Assembly that ratified the Bill of Rights. See, e.g.District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, at 2805 (2008). You can read his book here.

Those crazy Southerners who viewed human chattel so important, were apparently not so crazy, after all.

Fighting for the Spoils, No. 1

By 1865 and the close of the Civil War, New Orleans had been occupied by Federal troops for three years. That time allowed many carpet-baggers, persons from outside the state seeking fortune, to infiltrate the city. Clay Warmoth was one such person. Former Lt-Col. Warmoth was sent to New Orleans during the occupation and stayed. By 1871, he was governor of the state, and not yet 30 years old. Gov. Warmoth made several enemies. Though he courted all factions, Republican, freed slaves, and former Confederates, it was another Republican, another carpet-bagger, who sought to elbow Warmoth side. Stephen B. Packard, a Union veteran with an undistinguished war record, secured appointment as the U.S. Marshall for New Orleans. Packard’s office was in the Custom House, a large, imposing granite building in the downtown area. Packard’s faction became known as the Custom House ring.

The Republican Party Convention

In the Summer of 1871, the two factions wrestled for control of the Republican party as the party convention approached. Warmoth, as governor, had his own semi-military force, known as the Metropolitan Police Force. The Metropolitans were a modern innovation in some respects, but they also answered only to Gov. Warmoth. They were a private militia. Marshall Packard had his own armed ruffians. The two competed for control and influence with the ward clubs all summer.

The Metropolitans Strike

At a meeting of the Tenth Ward Mother Republican club, the Metropolitans came in force, in civilian clothes. They occupied a large number of the seats, to prevent regular members from staying for the meeting. The meeting ended with a riot between the two factions. The Tenth Ward included many African-Americans. The Metropolitans who broke up the meeting and beat numerous attendees were lead by light-skinned Negroes. The Convention took place in August, 1871. Marshall Packard out-smarted Gov. Warmoth by holding the convention at the Custom House and arranging for Federal troops to provide security. The Metropolitans came to the conventions seeking to upset the proceedings. But, they were met by one well-manned gatling gun.

At the Republican convention, Packard tried to engineer a quorum in the state legislature which would impeach Warmoth. The plan collapsed only when Lt.-Gov. Dunn, a close ally of Packard’s, died. Some suspected foul play.

The Warmoth Faction is Arrested

The Louisiana state legislative session opened in January, 1872. Packard still hoped to impeach Gov. Warmoth,. A,B Pinchback, a prominent man of color was now the Lieutenant Governor. Lt.-Gov. Pinchback was a close ally of Gov. Warmoth. Warmoth engineered an invasion of the session to move aside the Speaker, George Carter, a close ally of Packard. Packard promptly swore out arrest warrants for Warmoth, Lt.-Gov. Pinchback, some dozen legislators and some of the key leaders of the Metropolitans.

The Warmoth faction, however, soon got themselves out of jail. Warmoth called in the Metropolitans to “guard” the state house and called up the state militia. The Custom House ring retreated to a saloon and organized a rival legislature. Such was Reconstruction politics in 1872 Louisiana.

For more about Gov. Clay Warmoth, see this site.

Source:

Justin A. Nystrom, New Orleans: After the Civil War (Baltimore: Johns Hopkins Press 2010), p. 104-110.

Taking the Oath

Oliver Evans was a small, young man attending law school in New Orleans when the war broke out in 1861. Attending law school was still a new thing in 1861. Oliver was one of the first. His law school friend, E. John Ellis had enlisted. Although, John Ellis was a reluctant secessionist. Ellis came from a slave holding family. The Ellis family generally opposed secession. But, like many Southerners, he enlisted when his state, Louisiana, seceded.

Oliver wanted to join his friend. He felt the pull of patriotism then resounding through New Orleans. Though barely old enough, Oliver joined in 1861, despite the protestations of his father and John Ellis. The young Oliver was small and thin. His friends did not think he could withstand the rigors of soldiering. In December, 1862, Oliver was wounded in the leg at the Battle of Murfreesboro. Oliver could not walk and was left behind when Gen. Bragg retreated. Oliver was taken prisoner and sent to a military hospital in Cincinnati. Oliver’s uncle, Caleb Evans, lived in Cincinnati. Uncle Caleb tried to provide personal medical treatment by his own doctor. But, Uncle Caleb insisted Oliver first take the oath of loyalty to the Union. The young Oliver feared for his honor. He would not take the oath. His wound festered until he was finally exchanged the following Spring.

At the Battle of Chickamauga, Oliver was wounded again, more seriously this time. Ellis looked at his young friend in the field hospital and was overwhelmed by Oliver’s willingness to sacrifice his body for a cause he believed in so deeply. Oliver joined in part to emulate his friend’s service. Now, Oliver was seriously injured. Capt. Ellis left his manservant, an enslaved African-American named Stewart to look after Oliver. A week later, the captain returned. Stewart told him Oliver had died, but he left a packet of letters for Ellis to deliver. The reluctant secessionist would in time become more ardent.

Justin A. Nystrom, New Orleans: After the War, (Baltimore: Johns Hopkins Press 2010), p. 45-46