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  #1  
Old 02-13-2006, 11:17 PM
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Default SPECIAL FIELD ORDERS, No. 15.

What do you think?

http://www.history.umd.edu/Freedmen/sfo15.htm
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Old 02-14-2006, 12:38 AM
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Sam:
Seems someone posted a while back their interpretation of this order in which it was claimed that the order conscripted blacks and that the promise of 40 acres.... was an empty promise.

Your posting this link should clear up the confusion.
Ole
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Old 02-14-2006, 10:58 AM
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Default Land Titles

I don't know how the order was implemented, but it seems pretty clear cut in what it directs.
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Old 02-14-2006, 12:48 PM
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Quote:
Originally Posted by Fifth Iowa
I don't know how the order was implemented, but it seems pretty clear cut in what it directs.
And for how long.
Ole
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Old 02-14-2006, 01:17 PM
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Default Special Order 15

http://www.pbs.org/wgbh/amex/reconst...03_tr_qry.html

Is currentlly doing a series on reconstruction. This topic is discussed.

On January 11th, President Lincoln sent his Secretary of War, Edwin M. Stanton, to Savannah. Stanton instructed General Sherman to set up a meeting with some of the city's black ministers. He wanted to hear how the freedmen imagined their future in the South. That evening, twenty black men entered the grand parlor as guests of Stanton and Sherman. Sixteen were former slaves. They chose Reverend Garrison Frazier, who'd purchased his freedom nine years earlier, to be their spokesman. For the first time, Federal officials conferred with freed slaves about the future of African Americans in the South.

The exchange that occurs between Sherman, Stanton, and the Union generals, and Reverend Frazier, is one of the extraordinary moments of the Civil War and the ending of the Civil War, because they asked Frazier not just, "What should we do with all these refugees?" They asked him questions about what the war meant. They asked him questions about what the Emancipation Proclamation had meant. They asked him what the presence of black troops in the Union army meant. And, in many ways, you'll find no better definition of the meaning of the Civil War in the kinds of answers that Garrison Frazier gives that day in Savannah.

Four days later, anxious to get thousands of freed slaves off his hands, and Washington off his back, General Sherman issued Special Field Order 15. It was only a temporary order, but it became one of the most controversial of the Civil War. Plantations in the rice country had been abandoned by white planters during the war. Four hundred thousand of these acres would be given over to African Americans for settlement. The huge land tract included the Sea Islands and parts of the Georgia and South Carolina coast.

Forty acres of land will be given out to each family. Plus, Sherman says, the Army's got tons of mules, which we don't really need. They're broken down from our long march. If any one wants a mule they can have one of these mules. This is the origin of that famous phrase, "forty acres and a mule."

As Campbell arrived to the island and they put the gangplank down, the island was overgrown. It's been looted by Union naval forces. The sea grass is high. There are rattlesnakes. There are alligators. He can see the slave cabins. They're also in great disrepair. Immediately upon arriving and assessing the situation there, he writes to the American Missionary Association asking for seed, asking for plows, sweet potatoes to supplement the diet, marriage licenses for the people. And he calls a meeting of the people to explain to them: "This is our home." "Beginning next week, I will divide up the land into forty acres for each of you."

The planters are holding up deeds to the islands that are two hundred years old, or one hundred fifty years old. They said, "No, wait a minute. This is a nation of laws, and see, my great-granddaddy had this deed. And yours comes from a possessory title given to you in time of war for abandoned lands? How does that affect my promise of property rights under the Constitution of the United States?"

General Howard has to tell these former slaves that the land that they thought had been given to them by the federal government now is going to be given back to the former owners. And if they want to remain there, they're going to have to sign labor contracts to work as laborers on these plantations.
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Old 02-14-2006, 03:55 PM
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Thanks for the info Buffalo-Guard,
I was wondering how they handled that "one-year-only" part of the orders. Do you suppose Sherman hoped that congress would legitimatize the military order? Or was it a magnanimous, empty gesture to shuck off the thousands of refugees? I wonder how many of the squatters managed to bring in a crop?

Ole
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Old 02-14-2006, 03:57 PM
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Quote:
The planters are holding up deeds to the islands that are two hundred years old, or one hundred fifty years old. They said, "No, wait a minute. This is a nation of laws, and see, my great-granddaddy had this deed. And yours comes from a possessory title given to you in time of war for abandoned lands? How does that affect my promise of property rights under the Constitution of the United States?"
Seems that they were suddenly devotees of the Constitution of the United States. Now the "nation of laws" means something entirely different than it did 4 years past.
Ole
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Old 02-14-2006, 07:19 PM
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Default The Constitution

Quote:
Originally Posted by ole
Seems that they were suddenly devotees of the Constitution of the United States.
An argument was made by some that secession was indeed Constitutional. (That the voluntary nature of states' membership in the United States continued after their initial affiliation.) It can be argued, I believe, that the (in)validity of that position was settled more by force of arms than by persuasive argument.
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Old 02-14-2006, 11:27 PM
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Quote:
Originally Posted by Fifth Iowa
An argument was made by some that secession was indeed Constitutional. (That the voluntary nature of states' membership in the United States continued after their initial affiliation.) It can be argued, I believe, that the (in)validity of that position was settled more by force of arms than by persuasive argument.
Historiography generally agrees (as does Akil Amar) that secession was not constitutional.
Ole
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  #10  
Old 02-23-2006, 05:19 PM
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Default Some people never study the law

It's amazing the number of people who have opinions on the law and never, never, ever study case law.

Sherman's Order 15 was a military order, which had no permanance in Federal Statute or law.

In fact all of Sherman's military orders were suspended by Secretary of War Stanton after Sherman's first agreement with General Johnston in North Carolina, on conditions of surrender.
Sherman's Order 15, would also not pass muster with the 5th Amendment.

A number of rulings by the U.S. Supreme Court declared secession unconstitutional. Texas v White and several decisions on the constitutionality of the Confiscation Acts by Congress, determined the unconstitutionality of secession.
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