Today U.S. General Order No. 100 is published, which provides a specific code of conduct for soldiers and officers when dealing with Confederate prisoners of war and civilians. The idea behind the Orders had come from Francis Lieber, a Prussian immigrant born in Berlin whose three sons are serving in the military, though one had died in the Battle of Williamsburg, Virginia (also known as the Battle of Fort Magruder) almost a year ago on May 5, 1862. He had advised General-in-Chief Henry Halleck on the subject, and President Abraham Lincoln worked on the Order personally along with four generals and Lieber. It consists of 157 articles and establishes policies on the treatment of prisoners, civilians when found to be engaged in guerrilla warfare, exchanges, and flags of truce.
The Orders also address a crisis that was started by Emancipation of slaves in the rebellion (Confederate) states earlier in the year on January 1, which Confederate President Jefferson Davis has insisted is in violation of the customary rules of war. More importantly, Davis has dictated that the Confederate army treat black Union soldiers as criminals, not soldiers, and they are therefore subject to execution or re-enslavement if captured. The Orders, which would also be known as “The Lieber Code” and “Instructions for the Government of Armies of the United States in the Field”, specifically defends the lawfulness of Emancipation under the laws of war and insists that those same laws prohibit discrimination on the basis of color among combatants.
The Orders are the considered to be the first of its kind. Up until today nothing like this has ever been published. It will stand the test of time, as the U.S., Europe and other nations will use it in the future as the foundation for rules of war as it is gradually applied and expanded internationally.
U.S. Major General John Reynold’s men are continuing their mission to Port Conway, Virginia. Along the way his two regiments, the 24th Michigan and 84th New York, completely surprise the Confederate cavalry led by one of their most praised officers, J.E.B. Stuart. Though C.S.A. General Robert E. Lee was used to Union efforts to distract them, he is still alarmed by what occurs. He writes to Stuart that “I am afraid the cavalry was negligent. They gave no alarm; did not fire a shot; lost some public horses and two wagons. The citizens gave the alarm. I desire the matter inquired into.”
In the meantime, the U.S. Army of the Potomac remains bogged down due to swollen streams from recent rains. U.S. Commanding General Joesph Hooker cannot move his men until they can cross. So for now they wait in camp, the men unaware of where Hooker will lead them next now that winter is over and they need to be back on the move. What was once thought to be nothing more than a 90 day war has now lasted more than two years, and in the Eastern Theater it seems like little progress has been made in the goals of capturing the Confederate capital of Richmond, Virginia or obtaining the surrender of Lee’s army.
The Confederacy, like any government during war – including the U.S. government – is having difficulty raising money to keep the war in progress. Pay for the men, food, clothes, weapons, ammunition, etc.; this all costs a great deal of money. Taxes have already been put in place but collection has been difficult. Today a “tax in kind” is enacted that requires each state to collect one-tenth of their citizens agricultural product. The money will go directly to supplying the Confederate army, which has often struggled to keep its men fed, clothed and paid, especially in the western Confederate states.
In the Western Theater, U.S. Major General Ulysses S. Grant has been getting different reconnaissance information on the viability of taking Grand Gulf, Mississippi, about 30 miles from his main target of Vicksburg. Grant decides to view the situation for himself, so he and Admiral David Dixon Porter take a steamer downriver. Upon closer evaluation Grant believes he sees the key to the entire position: the northern-most bluff. Porter had earlier told Grant that he had seen fortifications on that area being constructed by slaves, but Grant notices there is no artillery yet in position that would prevent them from taking the bluff. He gives the order that he wants to make an attack in two days. Porter’s gunboats will take care of any artillery at Grand Gulf (if there is any by then) and Major General John McClernand’s men will be transported there by boats and are charged with taking the bluff. Grant’s vision is clear and he orders his officers to leave their horses and tents behind so they can move swiftly.
Just to reduce their chance of any surprises, Grant gives additional orders to McClernand to send armed reconnaissance south past the ground opposite of Grand Gulf so he can be aware of any Confederate troops or movements there. Grant has spent months trying various ways to get to Vicksburg; he is hoping this is the opening he needs.