Lonnie R. Speer
From State of the Union: New York and the Civil War
“Today, however, we realize that there were prisoner-of-war camps in the North that were as bad as any in the South. Among the worst of these was the camp at Elmira, New York. Though outwardly very different in appearance from Andersonville, and very much small in prisoner population, the conditions–and even the death rate–at Elmira were remarkably similar to those at Andersonville.”
Prof. Francis Lieber
United States War Department
“As the number of prisoners of war grew during the American Civil War and details of the terrible conditions in the prisons emerged, there was increasing political pressure for exchange of prisoners and better treatment of those imprisoned. In 1863, President Lincoln called upon Professor Francis Lieber of Columbia College to develop a set of uniform rules for the treatment of prisoners of war. The Lieber Code was issued by the U.S. War Department on April 24, 1863, as Order 100. It was a milestone in the history of war.”
New York Correction History Society
Before becoming major bases of operations in New York City correction history, Rikers and Hart Islands served as military bases for New York State’s three regiments of African-American soldiers in the Civil War. More that 4,000 Black servicemen formed New York’s 20th, 26th, and 31st regiments of what was then called the United States Colored Troops (USCT).
National Gallery of Art
The 54th Massachusetts had strong New York connections–Frederick Douglass’ two sons and the grandson of abolitionist Sojourner Truth enlisted with this regiment. “In 1862 Congress agreed to [Black] enlistment and more than 186,000 African-American men signed up. They were not paid as much as white soldiers or were not paid at all, were given poor equipment, and often ran out of supplies. To make matters worse, Confederate soldiers threatened to enslave or kill any Black soldiers they captured, and kill their white commanders. Overcoming these hardships, Black soldiers proved themselves heroically in battle. They led raids, served as spies and scouts, fought in battles, and faced some of the worst confrontations in the war.”
Daniel Ullman
Commanding General of the Corps D’Afrique
“Mr. President, from what I have heard in Washington to-day, there seem to be doubts as to the issuing of the proclamation of Freedom on the first of January. Subtle and powerful combinations are organizing, I understand, to influence your action in the premises. You and I know, from long experience, that, on no other question in America, have men been more swerved from the path of truth and justice by shrewd and cunningly devised intrigues. I hope this is unfounded, for, in my judgment, a failure, now, to issue that Proclamation would be disastrous–far worse than the loss of a great battle.”
U.S. National Archives and Records Administration
“The issues of emancipation and military service were intertwined from the onset of the Civil war. News from Fort Sumter set off a rush by free Black men to enlist in U.S. military units. they were turned away, however, because a Federal law dating from 1792 barred Negros from bearing arms for the U.S. army… By mid-1862, however, the escalating number of former slaves (contrabands), the declining number of white volunteers, and the increasingly pressing personnel needs of the Union Army pushed the Government into reconsidering the ban.”
Hon. William H. Rehnquist
U.S. Supreme Court
“The courts, for their par, have largely reserved the decisions favoring civil liberties in wartime to be handed down after the war was over. Again, we see the truth in the maxim Inter Arma Silent Leges — in time of war the laws are silent. To lawyers and judges, this may seem a thoroughly undesirable state of affairs, but in the greater scheme of things it may be best for all concerned. The fact that judges are loath to strike down wartime measures while the war is going on is demonstrated by both our experience in the Civil War and in World War II.”
John A. Marshall
From American Bastile: A History of Illegal Arrests
Military arrests took place in New York too. In Franklin County, Francis D. Flanders and his brother Judge Joseph R. Flanders, were among those taken prisoner. Refused access to the courts, they were imprisoned for four months in Fort Lafayette, New York Harbor and later in Fort Warren, Boston Harbor. A similar fate befell several other New Yorkers.
Bruce A. Ragsdale
Federal Judicial Center
“A writ of habeas corpus…serves as a citizen’s most important protection against unlawful imprisonment. The writ requires an official to bring a prisoner before a civil court and to justify the arrest and detainment of that citizen. President Abraham Lincoln’s limited authorization of military arrests and the suspension of citizens’ privilege of the writ of habeas corpus prompted the first of many public debates on the restriction of civil liberties in the face of attempts to sabotage the federal defense of the Union. “
Frank J. Williams
From State of the Union: New York and the Civil War
“If a situation were to arise again in the United States where the writ of Habeas corpus were suspended, government would probably be as ill-prepared to define the legal situation as it was in 1861. The clearest lesson is that there is no clear lesson in the Civil War–no neat precedents, no ground rules, no map. War and its effect on civil liberties remain a frightening unknown.”
