A Life of Gen. Robert E. Lee

by John Esten Cooke

And one of his brigadier-generals, Steinwehr, has seized innocent and peaceful inhabitants, to be held as hostages, to the end that they may be murdered in cold blood if any of his soldiers are killed by some unknown persons whom he designates as "bushwhackers." Some of the military authorities seem to suppose that their end will be better attained by a savage war in which no quarter is to be given, and no age or sex is to be spared, than by such hostilities as are alone recognized to be lawful in modern times. We find ourselves driven by our enemies by steady progress toward a practice which we abhor, and which we are vainly struggling to avoid.

Under these circumstances, this Government has issued the accompanying general order, which I am directed by the President to transmit to you, recognizing Major-General Pope and his commissioned officers to be in the position which they have chosen for themselves—that of robbers and murderers, and not that of public enemies, entitled, if captured, to be treated as prisoners of war. The President also instructs me to inform you that we renounce our right of retaliation on the innocent, and will continue to treat the private soldiers of General Pope's army as prisoners of war; but if, after notice to your Government that they confine repressive measures to the punishment of commissioned officers who are willing to participate in these crimes, the savage practices threatened in the orders alluded to be persisted in, we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our enemies, until the voice of an outraged humanity shall compel a respect for the recognized usages of war. While the President considers that the facts referred to would justify a refusal on our part to execute the cartel by which we have agreed to liberate an excess of prisoners of war in our hands, a sacred regard for plighted faith, which shrinks from the semblance of breaking a promise, precludes a resort to such an extremity, nor is it his desire to extend to any other forces of the United States the punishment merited by General Pope and such commissioned officers as choose to participate in the execution of his infamous order.

I have the honor to be, very respectfully, your obedient servant,

R.E. LEE, General commanding.

This communication requires no comment. It had the desired effect, although General Halleck returned it as couched in language too insulting to be received. On the 15th of August, the United States War Department so far disapproved of General Pope's orders as to direct that "no officer or soldier might, without proper authority, leave his colors or ranks to take private property, or to enter a private house for the purpose, under penalty of death."

II.

LEE'S MANOEUVRES.

General Pope had promptly advanced, and his army lay in Culpepper, the right reaching toward the Blue Ridge, and the left extending nearly to the Rapidan.

The campaign now became a contest of brains between Lee and the Federal authorities. Their obvious aim was to leave him in doubt whether a new advance was intended under McClellan from James River, or the real movement was to be against Richmond from the North. Under these circumstances, General Lee remained with the bulk of his army in front of Richmond; but, on the 13th of July, sent Jackson with two divisions in the direction of Gordonsville. The game of wits had thus begun, and General Lee moved cautiously, looking in both directions, toward James River and the Upper Rappahannock. As yet the real design of the enemy was undeveloped. The movement of General Pope might or might not be a real advance. But General McClellan remained inactive, and, on the 27th of July, A.P. Hill's division was sent up to reënforce Jackson—while, at the same time, General D.H. Hill, commanding a force on the south bank of the James River, was directed to make demonstrations against McClellan's communications by opening fire on his transports.

The moment approached now when the game between the two adversaries was to be decided. On the 2d of August, Jackson assumed the offensive, by attacking the enemy at Orange Court-House; and, on the 5th, General McClellan made a prompt demonstration to prevent Lee from sending him further reinforcements. A large Federal force advanced to Malvern Hill, and was drawn up there in line of battle, with every indication on the part of General McClellan of an intention to advance anew upon Richmond. Lee promptly went to meet him, and a slight engagement ensued on Curl's Neck. But, on the next morning, the Federal army had disappeared, and the whole movement was seen to have been a feint.