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The Civil War Confiscation ActsFailing to Reconstruct the South$
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John Syrett

Print publication date: 2005

Print ISBN-13: 9780823224890

Published to Fordham Scholarship Online: September 2011

DOI: 10.5422/fordham/9780823224890.001.0001

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Rules of War and Later Military Confiscation

Rules of War and Later Military Confiscation

Chapter:
(p.88) 6 Rules of War and Later Military Confiscation
Source:
The Civil War Confiscation Acts
Author(s):

John Syrett

Publisher:
Fordham University Press
DOI:10.5422/fordham/9780823224890.003.0006

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

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