[CHAPTER I]
A Public, not a Civil, War
The war of 1861–65 was in fact a revolution. Had the South succeeded in the purposes with which that war was undertaken it would have divided the American Republic into two separate and independent confederations of states, the Union and the Southern Confederacy. The North having succeeded, no such division was accomplished, but none the less was a revolution wrought as has been suggested in the introductory chapter of this work.
Familiarly, and by way of convenience, we are accustomed to call this "The Civil war," in contra-distinction from those other wars in which the American power has been arrayed against that of foreign nations. But the term "Civil war," as thus applied, is neither accurate nor justly descriptive. In all that is essential to definition this was a public and not a civil war and it is necessary to a just understanding of the struggle and its outcome to bear this fact in mind. Otherwise the entire attitude and conduct of the Federal government toward its antagonist must be inexplicable, inconsistent and wanting in dignity.
The Southern States asserted and undertook to maintain by a resolute appeal to arms, their right to an independent place among the nations of the earth. In the end they failed in that endeavor. But while the conflict lasted they so far maintained their contention as to win from their adversary a sufficient recognition of their attitude to serve all the purposes of public rather than civil war.
They instituted and maintained a government, with a legislature, an executive, a judiciary, a department of state, an army, a navy, a treasury, and all the rest of the things that independent nations set up as the official equipment of their national housekeeping.
Not only did foreign powers recognize their right to make war, not as rebels but as legitimate belligerents entitled to all the consideration that the laws of civilized war guarantee to nations, but the United States government itself made similar recognition of the South's status as a power possessed of the right to make war.
At the outset there was quibbling of course, and a deal of playing for position. But in view of the obvious facts all this quickly gave way to a perfectly frank recognition on both sides of the truth that there was legitimate public war between the North in the name of the Union and the South organized as the Southern Confederacy; that the struggle involved the question of the independence of the South on the one hand and the indissolubility of the Federal Union on the other; that the conflict was the result of an entirely legitimate appeal to arms for the decision of questions which no other arbitrament could decide; and that the contest must be fought out not as a struggle between constituted authority on the one hand and insurrection on the other but as a controversy between two powers, each of which was legitimately entitled to assert its contentions and to maintain its attitude by every means known to civilized war.
All this was reflected, while the war lasted, in the treatment of men captured on either side as prisoners of war; in negotiations for the exchange of prisoners with full recognition of military rank on either side; in the issue, the observance and the enforcement of paroles; in safe conducts frequently granted and always honorably respected; in agreements for the immunity from arrest of medical officers and other non-combatants; in the humane and civilized arrangements made between opposing generals for the equal care of the wounded of either army by the surgeons of both, and in a score or a hundred other ways.
And when the war was over both sides fully recognized and emphasized its character as a legitimate public war and not in any respect as an insurrection. When the broken fragments of the organized armies of the South surrendered, there was an end of the controversy. The Southern people made no effort to prolong the struggle in irregular ways, as they easily might have done. They set their faces against all attempts to inaugurate a guerilla warfare, a thing which would have been easy to them. Under the advice of General Lee and their other great leaders the soldiers of the Confederacy accepted the surrender of the Confederate armies as a sovereign act that made an end not only of the war but of their right to make war. By their immediate return to ways of peace and by their sincere acceptance of the terms offered in Mr. Lincoln's promptly issued amnesty proclamation they marked and emphasized their view that they had been engaged, not in a disorderly insurrection, but in a legitimate, public war, the military end of which marked the end of their right to carry on hostilities of any kind or character.