Until Every Drop of Blood Is Paid: A More Radical American Civil War

Thomas1195

Banned
Hmmm...now that would be fascinating to read, if done well...:) Has anyone ever done one?

It's always difficult to plot out a "had he lived" timeline especially in such a tumultuous period. It's just my sense that there was an inherent moderation to Pym's character that would have made it very hard for Pym to take that step, even after all of Charles's actions in captivity. After all, a majority of MP's were still unwilling! And plenty of the MP's Pride purged did not trust Charles, either - they were nonetheless still unwilling to take the dramatic step of killing him.
I mean, the moderate MPs still clung in vain to the chance of pardoning Charles and getting away with it, just like how the majority of them kept trying to negotiate with Charles in vain even when it was clear that the King must be militarily subdued - something Pym recognized from the start. So, Pym would go on with execution not because he wanted it, but because he would see the writing on the wall (the NMA and Cromwell clamoring on the field - those that held true power - would have exercised their power had he pardoned Charles).

Pym IOTL died of cancer, while Hampden was killed in battle. So, it's easier to plot a Hampden surviving TL - Hampden would be even more likely to go down the execution path than Pym, and unlike Cromwell he was a major Parliament leader with political influence/prestige only surpassed by Pym, so like Pym he could have also steered other MPs towards voting to execute Charles.
 
I mean, the moderate MPs still clung in vain to the chance of pardoning Charles and getting away with it, just like how the majority of them kept trying to negotiate with Charles in vain even when it was clear that the King must be militarily subdued - something Pym recognized from the start.

I think it's one thing to decide (as, I agree, Pym and Hampden did) that the king would have be military defeated, at least to some degree, to counter his attempts to claw away power from Parliament; it's another, much more radical thing to say that monarchy itself must be destroyed to do so. It's my contention (andnot just mine, but in many of his biographers and scholars - see Lotte Glow, for example) that there is a fundamental moderation in Pym's character that his readiness to pursue the military option can mask. I'm reluctant to push comparisons with Lincoln too far for obvious reasons, but there is a certain element of that with him, too - a ready willingness to resort to military force to restore order and the Union, but mostly his instincts as we see them unfold in 1860-65 were moderate: to keep slavery intact (if territorially restricted) if possible, despite his distaste for it; to pursue a very mild reconstruction afterward if not.

Ultimately, I grant, this is a question that can never be definitively settled, because Pym died five years before the crisis reached that point.

But I don't want to bog down Red's thread with any more sidebar about about the English Civil War, so I'll be happy to let you have the last word, if you want it.
 
But I don't want to bog down Red's thread with any more sidebar about about the English Civil War, so I'll be happy to let you have the last word, if you want it.
I mean, unless @Red_Galiray has a problem with it, I'm liking this tangent quite a bit.
It's not entirely irrelevant and it's leagues better than some of the other tangents the thread has gone on.
 
I suppose the question is how much events on the 'wild western front' had any influence on the war in the east.

Speaking of Texas, I often read about how Kirby Smith basically ran the place as an independent country after the Union took the entire Mississippi and cut him off from the rest of the confederacy. I've never managed to find anything that goes into detail about how the Kirby Smithdom was run. Will it play any role in this TL's future?

The fate of Texas has a lot to do with whether France invades Mexico or not, and I haven't decided whether to butterfly that away or retain it.

Got a question in the Pennsylvania campaign Lee sold free black people into slavery in the south if said campaign surely that can be the the excuse used to have him and all his ilk hanged.

I have also considered that, you know? Hanging him for treason may be tricky, but if Congress creates a criminal code that includes war crimes as actions punishable by execution, then perhaps it would be possible to hang him for kidnapping Blacks or allowing his troops to massacre Unionists. But I have not decided yet because, as discussed previously, it's hard to make such trials without making them balconies from which Lee, Breckenridge and Davis can make their case and without turning them into martyrs.

Brings another question how in general were southern unionists treated by the confederates?

Terribly, as we will see soon...

Now, in Red's timeline, the war is different enough that you can butterfly away Appomattox, and the chief executive - whoever he is at the time - can decide the policy up front, and use that to shape whatever terms he will allow his commanders to offer Lee et al in terms of surrender. I do think you have to assume that if the administration makes plain that it plans to prosecute and hang (if comvicted) all senior Confederate officials and military officers for treason, then you will have to bank on there being few surrenders, and that your armies will have to fight them until they're destroyed in detail. You may end up not taking many of them alive.

The other problem you would have to deal with is that many Union Army officers were quite opposed to such a policy, and they included the likes of Grant and Sherman. You may well have to clean house of the senior army ranks up front to eliminate the danger of opposition from that quarter - I mean, a danger that could even potentially involve a military coup. This could be doable, but you would have to realize that the talent pool of radical Republican officers willing to accept a hardline policy like that was a lot smaller.

So it's not like it's not doable, but I think the policy has to be decided up front, and you just have to be willing to live with the war being longer and more expensive - and the postwar occupation of the South likewise.

And I we end up going down that route we may end with a totalitarian United States with political purges and under military control and that would be kind of a mess...

Personally, I think the best course of action for the senior Confederates is to give them two options:

1. Have them swear an oath of loyalty to the US and allow them to live a quiet, retired life, with the strict stipulation they never be allowed to hold political, military, or judicial office ever again. If you can convince any of them to be publicly in favor of Reconstruction, all the better.
2. Exile them. Allow them to leave with their money and possessions to wherever they want, and forbid them from ever returning to the US under any circumstance.

As much as I might hate the whole lot of them, hanging them is just going to turn them into martyrs. Even imprisoning them would only increase sympathy for them, as happened IOTL with Jefferson Davis.

Breckenridge, quite surprisingly, accepted the results of the war, and men like Lee may be able to remain silent. But Davis and others are dangerous because they will create a Lost Cause narrative that would be prejudicial to the fate of Reconstruction. I'm leaning towards semi-voluntary exile, but nothing's settled yet.

Seems alot of people are active in this thread, so I'm going to ask this there any way the native americans can get a better treatment than otl due to this alt civil war or they is too hard to stop there destruction.

I am sympathetic towards them, but Lincoln, for all I admire him, was terrible when it comes to Native American affairs. I don't see a more Radical Lincoln trying to preserve their lands, to be honest. Perhaps a more radical conception of citizenship and rights may result in changes in the future, but in the short term I see nothing but tragedy.

I would add a stipulation, that they must do so under military supervision. If that needs to be explicitly stated, anyway.

I wouldn't be surprised if they actively started sabotaging their properties if they had them seized. Not on an organized level, maybe, but spontaneous acts of spite and desperation would have a lot of propaganda value to any of the die-hard ex-confederates.
Bitter aristocrats leaving nothing behind wouldn't surprise me.

I wouldn't be surprised either.

Invasion of the North you say? I smell Gettysburg folks!

Something even bigger.

Did Grant issue General Order No. 11 yet, or was it Butterflied away?

For those of you who don't know, General Order No. 11 expelled all the Jews from Grant's military district (parts of Tennessee Mississippi, and Kentucky), as allegedly Jews were heavily involved in the illegal cotton trade. It was widely condemned by the Jewish community, members of Congress, and the press. Lincoln did countermand the order within a month, and Grant later expressed regret for issuing the order, but suffice it to say it was a big black mark in Grant's record.

Grant did issue the order, it's just that I didn't know how to weave it into the narrative and the chapter was already rather long.

3) I will say that I fear you may be underrating just how much damage this many major setbacks may do to Union morale by this point. In OTL, I don't think the North was ever quite as close to breaking as many have liked to argue; but I think it has to be said that there *was* a breaking point, and in the war as you have it to date, I really think there would have been an appreciable chance of blowback that the Lincoln Administration might have struggled hard to grapple with (notice how hedged my words are here). I couldn't assign a percentage to it; but I do think the risk of giving the South some extra big die rolls early on to get that hard war policy you want does come with some very real risks.

So, I don't have any problem with criticism. I welcome it, in fact! I'm quite a novice when it comes to writing, and there are plenty of people here who know more than me. You in special, @Athelstane are a very knowledgeable person. I am afraid I have strained disbelief when it comes to how far both Union and Confederacy are willing to go. One possible justification is that both fear enormously more threatened due to events like Dred Scott being purely Southern or Kansas being forced to accept the Lecompton constitution, but you are quite right that we're probably approaching the breaking point. I am not against a rewrite if it proves necessary. I could make the Kentucky campaign a greater Union victory and make Vicksburg a more ambiguous draw. Ultimately, some artistic license is to be expected for this is not a "hard" timeline but one with a specific objective and thus events serve that objective.

In any universe, Braxton Bragg is going to be a blithering idiot.

Great work as usual!

It's a result of his own flaws of character. It's a little ironic that Breckenridge served under Bragg in OTL, and now Breckenridge is Bragg's president in here.

I could definitely see some more conservative governors or state legislatures organizing resistance to any further conscriptions or even stonewalling volunteer drives.

Also, for an idea that's really out there that I don't think is plausible but is still interesting... What if some more eccentric types try to "save" their states by suing for peace individually?

That line about the Confederates being just 75 miles south of Cincinnati and the impending R.E Lee invasion are definitely going to rattle the resolve of the people. Up to this point the people of the True North have been very insulated from the consequences of the war, the worst of the fighting has happened either in the south or in border states. They're much more detached from the war, and the moment that the real pain touches them, it will cause complications.
Nobody in Illinois wants to die over this that hasn't already signed up, and that's likely the case with many of the other states. And when people start fleeing the fighting, they might just push their state governments to declare neutrality, or even to give the Confederates right of passage so they don't burn everything down.

Those requests don't have to go through, but to hear them at all will be very disconcerting. And if some of the less faithful governments actually try anything in that direction, that could usher in and give good reason for a stronger clampdown in the face of the war entering another bloodier phase.

The thing is, the National Union is in political shambles due to some very unfortunate rolls. Cut off from political power, the only way of expressing their discontent is through violence, a glimpse of which was offered in the anti-draft riots I briefly mentioned but will later analyze in detail. Lincoln, for his part, is now convinced that all Southerners are rebels except for Unionists and that all opponents of his government are traitors who want the South to win. Perhaps not so dogmatically, since Lincoln is still a practical man, but the thing is that Lincoln will not hesitate to use all his powers to maintain public safety and the prosecution of war. Which is important because it settles two precedents: that the people can also be threats that state governments may not be able to handle, and that in that case the Federal government has the power and duty to intervene.

when ever George Thomas comes up I have to play this song

Great song! Thanks for sharing! I guess it would be the Sledgehammer of Lexington her, huh?

I am almost tempted to make the argument that with the opening disasters for the North as Red laid them out - with the Southrons swamping Maryland in short order - the odds may just be better than even that you get a critical mass of states doing exactly what you're talking about. I'm on the fence about whether Lincoln could have kept the war going.

Mind you, I'm enjoying your timeline, Red, so I'm more than happy to see how you develop it, so we can see where it can go. I might have had more northern blowback in the summer of '61 if I had been writing it, but I think you are within your rights to work from a premise that Lincoln could somehow have kept the war going in spite of it, and make it plausible.

As I said, a certain suspension of disbelief is necessary in this work, as in many other pieces of fiction. At one point I was ready to have Kentucky secede too but realized I had overplayed my hand and backtracked. I do think certain things in the early chapters could be changed to better justify why the North did not surrender (my account of the 1860 election is rather bare to say the least, and I wrote it today I would probably make it more violent so that Northerners would be convinced that Southern secession means their destruction). But I don't think I've ever crossed into ASB or impossible territory at least.

P.S. In connection with my last I would like to draw attention to this broadside published by the National Union Executive Committee (file is too big to post here) - basically, Lincoln campaign propaganda - in September 1864. The map is probably being a little generous territorially for (an oddly shrunk) Texas and Indian Territory, but otherwise, it's a fascinating snapshot in time. In particular, Red should be pillaging this relentlessly for language to stick in the mouths of his historical figures, shamelessly, because there's a gold mine of this stuff in here. "The end cannot be doubtful. Those who violated the Divine Law have incurred the penalty, and will inevitably meet the allotted punishment."

But I particularly enjoyed the summary toward the end, "Territory conquered" and "Population Recovered." When I look at all that grey Union hatching in West Tennessee and think about all the thousands of yeoman farmers had been eagerly joining up on Forrest's recruiting raids that spring and summer. "The hell I've been recovered, damnyankee!"

Thanks for the primary source. I often struggle with titles and quotes, and this will be useful.

"Amateurs study tactics, professions study strategy and/or logistics". Guess the paradoxical Rosecrans is the final form of Amateurs.

Thomas seems like he would get his butt kicked by Lee, but he seems a pretty good choice for fighting more mediocre CSA generals.


Huh, thought supplies came down the Mississippi river. My bad.

To be fair Thomas never faced the best of the Confederacy, but instead Hood and Bragg. Only McClellan could lose against them. And yes, Grant was advancing along the Mississippi Central Railroad, so he was supplied by railroad. Sherman was supplied by river, so he did not face such problems when he went to Chickasaw Bayou.

This is the only actual critique I have to make of this timeline overall, which I like very much and am avidly following. I might question the military performances of certain characters at certain times (Hooker vs. Lee seemed to me frankly unfair to Hooker, considering how many things IOTL had to go *just right* for Lee for Chancellorsville to happen as it did), but every author has the right - indeed the obligation - to choose the competency of their characters. 1% events happen, as do knock-on impacts from butterflies, and differing historical interpretations. If it serves the overall story, then it doesn't even 100% of the time have to be 'plausible' as long as it is 'possible'. it is only when actual geography or timing becomes impossible that casual readers get the right to comment - and even then, in my view, only when also having solutions instead of just pointing out problems.

Thank you very much for the criticism! I really appreciate it, sincerely. I lacked adequate sources describing the terrain or the battles at length, so I only wrote what seemed plausible. I am glad someone with more knowledge came to lend me a hand.

I also struggled with Hooker vs. Lee, but ultimately my story needs Hooker to lose so that Lee will go north and... do some nasty stuff. I guessed that it would be somewhat realistic for someone like Hooker to freak out and perform much worse than OTL because here it must feel like he has the weight of the Union on his shoulders.

George "Sledgehammer of Lexington" Thomas

I like it. Hopefully, he will get the honor in this TL he did not in our TL.

I like the loyal Thomas. Besides, being a Virginian who decided to side against treason, I'm sure Lincoln is ready to trumped him and his performance.

In all serious though, that is a cool song you found, and this is a great TL from what I've read so far.

Thanks!

You have to wonder how many hard punches the Union can take. How will they radicalize rather than saying no mas? It is getting dicey. I thought the capture of Washington and battle of Baltimore was the high water mark but I guess it's one of those things you could argue over which was the high water mark, because the union controls more territory now.

I didn't read the comment about how Iuka may not have gone like you propose, I haven't had the time to do that. But it would have been nice to see a little more success in the West. But, it's also true that it is a few months earlier that Lee will be invading and there is still the chance for the union to get such a quick big victory the public pressure really doesn't have a huge chance to go fully against Lincoln. There was a lot of Need for build up at first, but here it can be more like a heavyweight fight without a lot of time for the union to absorb the blows before it makes some drastic counterpunches.

Which, admittedly, is why I say it would have been good to see some counterpunches that are successes during the time that the union is seeing these defeats. Because then it's easier to see that the champ isn't totally on the ropes against this TL's Drago.

This time the civil war is more of a desperate struggle where both Confederacy and Union continuously push each other against the ropes. A few updates ago some pointed out that it was implausible that the Confederacy would last much longer, now it's the opposite. As I said, I think I will rewrite the update slightly to make Vicksburg a draw and East Tennessee a bigger victory to make sure the Union does not collapse.

I know, I was expecting increased Southern atgrocities, too - like the burning of New York which was contemplated OTL late in 1864.

Regarding atrocities... well, the war is going to get much nastier. I guess I've been too squeamish, but in a couple of updates I have included vague references to war crimes that I did not describe at length because, frankly, I wouldn't know how to do so without coming across as tasteless or looking like I'm glorifying violence. The contrabands McClellan abandoned when he left the Peninsula? Many of them were massacred, whipped or resold to slavery. And the Black regiment that fought with Grant was also massacred down to the last man, with the exception of a few that survived. Guerrilla warfare in Missouri and Kansas is even worse, and guerrillas are starting to appear in Kentucky and Maryland for the Union, and also North Carolina, Northern Alabama and Texas for the Confederacy. I will describe at all, I just am looking for a way to do while convening adequately both my sympathy for the victims and just how appalling these crimes are.

Another thing that has limited me somewhat is that I try to keep this TL in an idealist current, and also that it could well spiral out of control and the Confederacy ends as the United States' Ireland, needing to be held down by a bayonet because the wounds of the war are too deep to heal. I don't think a South where the Federal government violently disfranchises Whites would be inherently worse than OTL, after all, it would be just the counterpart to the Jim Crow South. But it would not be fairer, and I can't certainly call this a succesful or quasi-successful Reconstruction if the South remains in constant upheaval for decades afterwards. Nonetheless, violent atrocities committed by both sides and way worse than OTL are soon to come.

Surprised how much controversy the Union defeat in the west is causing. I don't think its particularly unlikely, and with the great contribution of Confederate partisans to the defeat it serves to show the union just how committed the south is to defending slavery and hating the north. Giving them extra impetus to beat the snot out of the southerners later in the war.

I do think so too, since in this case it's not so much that Johnston defeated Grant but the partisans did.

I mean, unless @Red_Galiray has a problem with it, I'm liking this tangent quite a bit.
It's not entirely irrelevant and it's leagues better than some of the other tangents the thread has gone on.

Yeah, I don't mind. It's an useful comparison of how wars radicalize, all the more useful because it's in Britain, which is somewhat similar to the United States.
 
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Which is important because it settles two precedents: that the people can also be threats that state governments may not be able to handle, and that in that case the Federal government has the power and duty to intervene.
And that will definitely bite labor in the ass in the future.
I'm quite a novice when it comes to writing
les humbles
One possible justification is that both fear enormously more threatened due to events like Dred Scott being purely Southern or Kansas being forced to accept the Lecompton constitution, but you are quite right that we're probably approaching the breaking point. I am not against a rewrite if it proves necessary.

This.
In this timeline there is already a very visceral example of the South going on the offensive, culturally/politically. Leaving the south alone will be much harder if people understand the stakes of the conflict to bring some personal or institutional compromise in the event of a Southern peace.
If there's a fear that the South will exact some sort of price for their victory that's more than, "give us our states, leave us alone, and maybe our slaves back" you might just put them all between a rock and a hard place.
But I don't think I've ever crossed into ASB or impossible territory at least.
Certainly not.
 
I have also considered that, you know? Hanging him for treason may be tricky, but if Congress creates a criminal code that includes war crimes as actions punishable by execution, then perhaps it would be possible to hang him for kidnapping Blacks or allowing his troops to massacre Unionists. But I have not decided yet because, as discussed previously, it's hard to make such trials without making them balconies from which Lee, Breckenridge and Davis can make their case and without turning them into martyrs.
Got a question can the confederate leadership not get military trails like the people who killed lincoln, a lot of the confederate high brass are us military traitors. If you cant punish them for the state what about towards the military?
 
I agree, it's still possible, but I think the suggested rewrite you mention of the last update willhelp.

I'd forgotten just how bad Lecompton turned things into in kansas in TTL. So, there are some good examples even without the 1860 lection getting too violent. I think it's actually *very* likely, given Chivington's nature, that he gets killed there. (He probably helps to escalate the violence in fact.0 Meaning the Sand Creek massacre is butterflied away. With the 1862 Sioux/Lakota War also butterflied, Lincoln's going to get the "I'd rather be lucky than good" award here, even though the problem witht he Navajo might still happen.

One way to do some of the worse stuff might be similar to athe way I do it describing terror groups who kidnap people nowadays, or genocidal civil wars, or what have you, when using the examples in our inner city ministry teaching time. "And, I won't tell you what all they do to these people, because we want to keep this a G rated club. :)" Sounds a bit sitcom dad-like, but you can think of how to word it so the reader gets to paint their own picture. Yes, normally inw riting the rule is "show, don't tell," but in this case, telling is fine, because the reader is already engaged enough that you don't have to show every detail.
 
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This time the civil war is more of a desperate struggle where both Confederacy and Union continuously push each other against the ropes. A few updates ago some pointed out that it was implausible that the Confederacy would last much longer, now it's the opposite. As I said, I think I will rewrite the update slightly to make Vicksburg a draw and East Tennessee a bigger victory to make sure the Union does not collapse.
While I know little about Union politics, and certainly don't know more than you do about your own TL, to me it strikes me as reasonable that the Union would continue to fight after these defeats. For one thing, they DID win in East Tennesee (Thought perhaps making that into a more decisive victory wouldn't be bad). For another, the Union still occupies most of Tennessee and the important part of Louisiana. But also, the South probably isn't in a mood to negotiate. With how radical they are, they're probably not going to stop until they've taken Kansas, Maryland, and the rest of the border states. And the union won't give THAT up without much more fighting. Maybe if Lee successfully establishes slaver control in Baltimore and puts Washington under siege again, that would make them consider quitting.

If you are going to do a rewrite, east Tennessee being a bigger win sounds good, but IMO the defeat at Vicksburg should stay, it shows how ferocious Southern partisans can be.
Regarding atrocities... well, the war is going to get much nastier. I guess I've been too squeamish, but in a couple of updates I have included vague references to war crimes that I did not describe at length because, frankly, I wouldn't know how to do so without coming across as tasteless or looking like I'm glorifying violence. The contrabands McClellan abandoned when he left the Peninsula? Many of them were massacred, whipped or resold to slavery. And the Black regiment that fought with Grant was also massacred down to the last man, with the exception of a few that survived. Guerrilla warfare in Missouri and Kansas is even worse, and guerrillas are starting to appear in Kentucky and Maryland for the Union, and also North Carolina, Northern Alabama and Texas for the Confederacy. I will describe at all, I just am looking for a way to do while convening adequately both my sympathy for the victims and just how appalling these crimes are.
Perhaps you have been too squeamish. Since as you have yourself stated this is a timeline more about popular radicalism and politics than military maneuvers, so the atrocities committed by people in this story are important as both causes and effects of the plot. And as such, they deserve to be addressed in more than passing. In the extreme cases and/or if the chapters don't flow well by mentioning them as they happen, it might be worth it to have a dedicated chapter later on specifically about the atrocities and extremism that this ATL has evoked. Certainly, it would be rather disturbing... but this is a story about A More Radical American Civil War. It is a story about the horror and cruelty of slavery and racism, and how desperate people fight ferociously to escape, preserve, or destroy it. Parts of it SHOULD be disturbing IMO.
Another thing that has limited me somewhat is that I try to keep this TL in an idealist current, and also that it could well spiral out of control and the Confederacy ends as the United States' Ireland, needing to be held down by a bayonet because the wounds of the war are too deep to heal. I don't think a South where the Federal government violently disfranchises Whites would be inherently worse than OTL, after all, it would be just the counterpart to the Jim Crow South. But it would not be fairer, and I can't certainly call this a succesful or quasi-successful Reconstruction if the South remains in constant upheaval for decades afterwards. Nonetheless, violent atrocities committed by both sides and way worse than OTL are soon to come.
Often in idealistic stories there is some great evil that must be defeated. Clearly there is such an evil here: the Slaver Confederacy. But if you want that idealist tone to hold up, it must be shown (or at least told) somehow just how evil the enemy is. Otherwise, if the reader is not reminded about the unquestioning righteousness of the cause the protagonists fight for, it can feel like the severe casualties they suffer to hold the enemy are pointless bloodshed and the tone just becomes more cynical instead.

Yeah, the question of how to carry out a reconstruction that doesn't cause the CSA to become America's Ireland (or worse) is a hard one. But that's for later, the war must first be won.
 
In any universe, Braxton Bragg is going to be a blithering idiot.

Great work as usual!
My favorite anecdote regarding Bragg (and I'm not sure if this is apocryphal or not, but it certainly seems in-character) is from before the war. Apparently, Bragg found himself in a frontier post as both a company commander and the battalion quartermaster. In his capacity as a company commander he requested something from stores; in his capacity as quartermaster, he refused. In his capacity as a company commander he repeated the request with an explanation of why it was justified; in his capacity as quartermaster he refused it again. In his capacity as a company commander he appealed the matter to the battalion commander, who took one look at the facts of the case and reportedly exclaimed, "My God, Mr. Bragg! You have quarreled with every man in the Army, and now you are quarreling with yourself!"
 
Got a question can the confederate leadership not get military trails like the people who killed lincoln, a lot of the confederate high brass are us military traitors. If you cant punish them for the state what about towards the military?

What I might say here is: It's worth remember what happened when someone *did* try to indict Lee for treason. Because it actually happened!

On June 7, 1865, Federal District Judge John C. Underwood indicted Lee for treason - and he did so with the support of President Andrew Johnson, whose amnesty decree in May had cagily not mentioned senior Confederate generals in the covered classes. When Lee got wind of the indictment, he immediately showed up in Richmond, prepared to go into custody, and sent off a letter to Ulysses Grant asking what was required of him - with the unspoken subtext, one assumes, of prodding Grant to suggest that the terms of his parole from Appomattox two months before should have averted this.

And Grant swung into action.

General Grant opposed the idea of prosecuting Lee for treason. He argued that the terms agreed upon at Appomattox granted parole to the surrendering forces. They exempted Lee and his Army of Northern Virginia from further prosecution since they promised that the defeated Confederates would “not be disturbed by U.S. authority so long as they observe their parole and the laws in force where they may reside.” To turn back on these terms and indict Lee for treason would damage the reputations of both the U.S. government and General Grant personally, hindering future efforts to reunify the country. Johnson and Grant argued over the matter for four days until Grant threatened to resign his generalship. Johnson relented and on June 20 his Attorney General James Speed ordered that no paroled officers or soldiers be arrested. General Lee would be granted amnesty and not tried for treason.​

And of course if you can't try Lee, you can hardly try any other Confederate officers!* After the Underwood indictment was quashed, the only treason trial talk that remained was in relation to Davis and Confederate cabinet officials - most of which faded out by autumn, as there was no appetite for it save among the really hardline radical Republicans.

Now, that was in civil court. A military trial is only going to magnify the opposition you would get from someone like Grant in a situation like that. And remember: In the summer of 1865, Ulysses Grant was vastly more popular in the country than Andy Johnson, so you have to tread very carefully.

I believe the only way to open up this avenue is to neutralize the Union army leadership right out of the gate. It would be incumbent to authorize no terms of surrender that allow parole, or any other terms that eliminate the risk of being tried for treason; otherwise, even radical generals will feel that honor is violated by putting them on trial. But more than that, you will likely have to start making willingness to insist on such terms a requirement of senior command appointments. And be prepared to have some good generals refuse.

Now, of course the civilian officials are another story altogether....

I think the legal case for treason with Confederate officers has always been a muddy one, and not just because the premises you have to grant to make it work are not ones which a lot of senior U.S. officials were comfortable putting on the table. I would, however, like to highlight two men who presented the best case for a treason trial, and who I think actually would have faced one, if they had still been alive at the end of the war:
  • Davey Twiggs: In January 1861, Twiggs was a Georgia-born brevet major general in charge of the U.S. Army's Department of Texas, one of the most senior officers in the entire Army. What sets Twiggs apart from even the Army officers who set land speed records resigning their commissions the nanosecond their states seceded (I shall not name names) is that Twiggs didn't even bother waiting for secession: He was already in conversations with Texas officials as early as December about handing over his command. And the moment Texas seceded on February 1, Twiggs surrendered his entire command unprompted, which included 20 military installations, 44 cannons, 400 pistols, 1,900 muskets, 500 wagons, and 950 horses, valued at a total of $1.6 million. Some militia officers even thought this included the Army personnel, too, which at that time included one Lt. Col. Robert E. Lee, which would have been all kinds of crazy ironic had Lee not talked them out of it and into letting him go home to Virginia. When word reached Washington, Twiggs was dismissed from the service - he still hadn't resigned! Shortly after that, he accepted a rank as a major general in in the C.S. Army, which some suspect he'd been angling for back before his "surrender." Twiggs died during the war, so he never got a chance to stretch rope. But if Confederate officers are going to be lined up on a scaffold for treason, Davey Twiggs really deserves to be at the very front of the line.
  • John B. Floyd: Floyd is another case of a U.S. official displaying evidence of actively conspiring with secessionists to improve their military posture while still in high office. And Floyd was even more important that Twiggs: He was Buchanan's Secretary of War until he resigned on December 29, 1860. But over the previous two years he had been funneling arms and equipment into Army garrisons and arsenals in Southern states like there was no tomorrow: 15,000 muskets and rifles in late 1859 alone. There was an ugly congressional investigation...and had Floyd still been alive, life would have been deeply unpleasant for him if he was still in the country. Grant certainly would not have objected to hanging him: "Floyd, the Secretary of War, scattered the army so that much of it could be captured when hostilities should commence, and distributed the cannon and small arms from Northern arsenals throughout the South so as to be on hand when treason wanted them." Floyd, by the way, sneaked out of Fort Donelson the night before Buckner surrendered it to Grant on February 16, 1862, since the terms did not include parole, and it was well known that Floyd would face charges for corruption and treason if he ever fell back into Union hands.
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* EDIT: Notwithstanding Champ Ferguson or Henry Wirz, of course.
 
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My favorite anecdote regarding Bragg (and I'm not sure if this is apocryphal or not, but it certainly seems in-character) is from before the war. Apparently, Bragg found himself in a frontier post as both a company commander and the battalion quartermaster. In his capacity as a company commander he requested something from stores; in his capacity as quartermaster, he refused. In his capacity as a company commander he repeated the request with an explanation of why it was justified; in his capacity as quartermaster he refused it again. In his capacity as a company commander he appealed the matter to the battalion commander, who took one look at the facts of the case and reportedly exclaimed, "My God, Mr. Bragg! You have quarreled with every man in the Army, and now you are quarreling with yourself!"

That's my favorite, too.

And yet, Davis saw fit to give this man a senior position in the Confederate army. Just amazing.
 

Worffan101

Gone Fishin'
My favorite anecdote regarding Bragg (and I'm not sure if this is apocryphal or not, but it certainly seems in-character) is from before the war. Apparently, Bragg found himself in a frontier post as both a company commander and the battalion quartermaster. In his capacity as a company commander he requested something from stores; in his capacity as quartermaster, he refused. In his capacity as a company commander he repeated the request with an explanation of why it was justified; in his capacity as quartermaster he refused it again. In his capacity as a company commander he appealed the matter to the battalion commander, who took one look at the facts of the case and reportedly exclaimed, "My God, Mr. Bragg! You have quarreled with every man in the Army, and now you are quarreling with yourself!"
That...if it were anybody else, I wouldn't believe it.
 

Thomas1195

Banned
reluctant to push comparisons with Lincoln too far for obvious reasons, but there is a certain element of that with him, too - a ready willingness to resort to military force to restore order and the Union, but mostly his instincts as we see them unfold in 1860-65 were moderate: to keep slavery intact (if territorially restricted) if possible, despite his distaste for it; to pursue a very mild reconstruction afterward if not
However, Lincoln always seemed to be one step ahead Northern public opinion. If the North is radicalized, he would pitch a more radical plan (less radical than what the RRs wanted though) than his original 10% plan to at least capture majority opinion/support.
 
OTOH, I always love a TL in which Venice becomes the centre of Italian unification movement instead of Piedmont. We would have a more liberal Italy from get go.

Oh, undoubtedly.

But I love an independent La Serenissima even more. Damn Bonaparte. And damn that fraud plebiscite.
 
However, Lincoln always seemed to be one step ahead Northern public opinion. If the North is radicalized, he would pitch a more radical plan (less radical than what the RRs wanted though) than his original 10% plan to at least capture majority opinion/support.

No, I think you're right; but I already conceded the point upthread. I don't know if he would have gone to Ben Wade's 50%, but I can see him being pushed to something like one third, easily enough. I can even see some kind of land appropriation for freemen. It's the scaffolds I'm more skeptical he'd pursue.
 

Thomas1195

Banned
Guys, how corrupt were the Southern States in terms of governance and patronage?

If they were really corrupt, Republicans would be better off using the Civil Service Reform against them. I read through the Dutch history, and I notice that the Orangists tried to adopt separation of power and natural laws but failed because the Republicans took over those positions first. To achieve this, we would need someone like Edwin Stanton, who was very Radical but also pro-meritocracy, to lead. I am quite confident that something like Grantism would not fly with Stanton being President. The only Presidential Candidate who had strong credibility in both Civil Service Reform and Civil Rights IOTL was Garfield.
 
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Guys, how corrupt were the Southern States in terms of governance and patronage?

If they were really corrupt, Republicans would be better off using the Civil Service Reform against them. I read through the Dutch history, and I notice that the Orangists tried to adopt separation of power and natural laws but failed because the Republicans took over those positions first. To achieve this, we would need someone like Edwin Stanton, who was very Radical but also pro-meritocracy, to lead. I am quite confident that something like Grantism would not fly with Stanton being President. The only Presidential Candidate who had strong credibility in both Civil Service Reform and Civil Rights IOTL was Garfield.
Unfortunately, Stanton dies in December of 1869.

If Garfield survives the war, maybe he can be the Republican candidate in 1876?
 
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