355 “when it comes to defending”: Kramer, “Race-Making and Colonial Violence,” 199; see also Kramer, The Blood of Government, 134–36.
355 began to trickle back: Miller, “Benevolent Assimilation,” 88.
355 between 1,500 and 2,000 Filipinos: Ibid., 154.
355 epidemics struck: Kramer, Blood of Government, 157.
355 disguised in the uniforms: Miller, “Benevolent Assimilation,” 167–70.
356 “to kill and burn”: Kramer, Blood of Government, 145.
356 “must be made”: Trials or Courts-Martial in the Philippine Islands, Doc. no. 213, 57th Cong., 2nd sess., pp. 6–7.
356 hanged Filipino prisoners by the neck: Affairs in the Philippine Islands. Hearings Before the Committee on the Philippines of the United States Senate. Senate Doc. no. 331, 57th Cong., 1st sess., part 2 (Washington, DC: Government Printing Office, 1902), 901–02.
356 known as the water cure: See Paul A. Kramer’s brilliant article, “The Water Cure,” The New Yorker, January 25, 2008.
356 While three or four soldiers: Richard E. Welch, Jr., “American Atrocities in the Philippines: The Indictment and the Response,” Pacific Historical Review 43, no. 2 (1974): 233, 235.
356 salt water . . . or a syringe: Miller, “Benevolent Assimilation,” 251; Kramer, The Blood of Government, 201.
356 resulted in the death of the victim: Judge Advocate General George B. Davis to Secretary of War Elihu Root, Nov. 17, 1902, file 12291, box 63, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
356 fourteen instances: Welch, “American Atrocities in the Philippines,” 234.
356 administered the water cure: Affairs in the Philippine Islands. Hearings Before the Committee on the Philippines of the United States Senate. Senate Doc. no. 331, 57th Cong., 1st sess., part 2 (Washington, DC: Government Printing Office, 1902), 951.
356 Nelson A. Miles . . . heard complaints: Welch, “American Atrocities in the Philippines,” 236–37.
356 seen the water cure administered: E.g., Trials or Courts-Martial in the Philippine Islands, Senate Doc. no. 213, 57th Cong., 1st sess., 114, 119.
356 “Get the good old syringe”: Kramer, The Blood of Government, 141.
357 “so called water cure”: Miller, “Benevolent Assimilation,” 213.
357 Norman Lieber had arranged: Instructions for the Government of Armies of the United States in the Field (Washington, DC: Government Printing Office, 1898), in box 2, Papers of Brig. General Norman Lieber, 1867–1898, Records of the Office of the Judge Advocate General, record group 153, NARA.
357 presided over a new series: See A Complete List of Prisoners Under the Control of the Civil Government of the Philippine Islands, Who were tried and sentenced by General Courts-Martial, Provost Courts and by Military Commissions and Who were in Confinement in Bilibid Prison on the 1st Day of January, 1904, file no. 17546, box 90, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
357 unlawfully furnishing supplies . . . and murder: Memorandum in regard to Trials of Filipinos by Military Commissions for cruelty against soldiers, January 1, 1900 to December 31, 1901, file 12291, box 63, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
357 more than 300 enlisted men: Memorandum in regard to trials by courts-martial and military commissions of persons in or connected with the Army in the Philippine Islands for offenses against natives, file 12291, box 63, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
357 Arthur MacArthur: Annual Report of Maj. Gen. Arthur MacArthur . . . Military Governor in the Philippine Islands, in Annual Reports of the War Department for the Fiscal Year Ended June 30, 1901, Report of the Lieutenant-General Commanding the Army, House Doc. no. 2, 57th Cong., 1st sess., part 2 (Washington, DC: Government Printing Office, 1901), 91–92.
357 conformed to the terms of Old Hundred: Orders and Instructions Issued to Military Officers in the Philippines, House Doc. no. 596, 57th Cong., 1st sess. (1902), 1.
357 “form part of the ‘Instructions’”: William E. Birkhimer, Military Government and Martial Law (Kansas City: Franklin Hudson Publishing Co., 1914), 614.
357 Schofield argued openly: John M. Schofield, “Notes on ‘The Legitimate’ in War,” Journal of the Military Service Institution of the United States 2 (1881): 1, 1.
357 “squeamish humanity”: “What War Means,” Journal of the Military Service Institution of the United States 20 (1897); 34, 36.
357 international law’s formal moral symmetry: Schofield, “Notes on ‘The Legitimate,’” 5–6.
358 “no objective point” . . . “too many men”: “Impending Changes in the Character of War,” Journal of the Military Service Institution of the United States 19 (1896): 83, 88.
358 no claims on the laws of war: Kramer, The Blood of Government, 146–47.
358 even tougher than Lincoln’s: Annual Report of Maj. Gen. Arthur MacArthur, 91–92; Kramer, The Blood of Government, 136.
358 “A short and severe war”: Kramer, The Blood of Government, 154.
358 “wage war in the sharpest”: Annual Reports of the War Department for the Fiscal Year Ended June 30, 1902 (Washington, DC: Government Printing Office, 1902), 9: 208–09.
359 giving no quarter to prisoners: Trials or Courts-Martial in the Philippine Islands in Consequence of Certain Instructions, Senate Doc. no. 213, 57th Cong., 2nd sess. (1903), p. 11.
359 “study with advantage”: “General Orders No. 100,” Duluth News-Tribune, April 29, 1902.
359 prepared a private defense: Memorandum for the Judge Advocate General, July 8, 1904, file no. 4275, box 23, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
359 immediately ordered courts-martial: Philip C. Jessup, Elihu Root (New York: Dodd, Mead, 1938), 1: 342.
359 Glenn was a member: “Maj. Gen. E. F. Glenn Will Retire Dec. 31,” New York Times, December 21, 1919.
359 even published a book: Captain Edwin F. Glenn, Hand-Book of International Law (St. Paul, MN: West Publishing Co., 1895).
359 expedition to southeastern Alaska: Gregg Jones, Honor in the Dust: Theodore Roosevelt, War in the Philippines, and the Rise and Fall of America’s Imperial Dream (New York: New American Library, 2012), 210; Guide to the Edwin F. Glenn Papers, Collection no. HMC-0116, University of Alaska.
359 judge advocate for the island of Panay: Moorfield Storey & Julian Codman, Marked Severities in Philippine Warfare: Secretary Root’s Record—An Analysis of the Law and Facts Bearing on the Action and Utterances of President Roosevelt and Secretary Root (Boston: Geo. H. Ellis Co., 1902), 62.
359 a mobile team of crack: Andrew J. Birtle, U.S. Army Counterinsurgency and Contingency Operations Doctrine, 1860–1941 (Washington, DC: Center of Military History, 1998), 118; Brian McAllister Linn, The Philippine War, 1899–1902 (Lawrence, KA: University Press of Kansas, 2000), 253, 315, 319; Kramer, “Water Cure.”
360 “for the purposes of extorting”: Welch, “American Atrocities in the Philippines,” 237.
360 “I am convinced”: “Defended the Water Cure,” New York Times, July 25, 1902.
360 justified by military necessity: Trials or Courts-Martial in the Philippine Islands in Consequence of Certain Instructions, Senate Doc. no. 213, 57th Cong., 2nd sess. (1903), p. 26.
360 “Without firing a shot”: Ibid., p. 85.
361 “No modern state”: Ibid., pp. 27, 42, 70.
361 “so instant and important”: Ibid., pp. 26–27.
361 Roosevelt commuted the sentence: Miller, “Benevolent Assimilation,” 218.
361 Ealdama: Trials or Courts-Martial in the Philippine Islands in Consequence of Certain Instructions, Senate Doc. no. 213, 57th Cong., 2nd sess. (1903), p. 25.
362 “We have been brought”: Congressional Record 35: 5795 (May 22, 1902).
362 Sherman had praised: William Tecumseh Sherman, “Military Law,”
Journal of the Military Service Institution of the United States 1 (1880): 385, 437.
362 Elihu Root celebrated: Elihu Root, “Francis Lieber,” American Journal of International Law 7, no. 3 (1913): 453–69. Root’s address was delivered by James Brown Scott after Root had to rush home because of the death of a grandchild. See “Plea for Equality of Tolls Is Made,” Oregonian (Portland), April 25, 1913.
362 “almost sacred”: Lt. Col. [Kerr?], General Staff, Acting Chief, First Division, July 8, 1904, file no. 4275, box 23, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
362 Privately published compilations: Birkhimer, Military Government, 584–614.
362 literally constructed with scissors and glue: Memorandum for the Judge Advocate General, July 8, 1904, file no. 4275, box 23, Office of the Judge Advocate General Document File, 1894–1912, record group 153, NARA.
363 “comparable in all particulars”: Theodore S. Woolsey, “The Naval War Code,” Columbia Law Review 1 (1901): 298.
363 had to be revoked: U.S. Naval War College, International Law Discussions, 1903: The United States Naval War Code of 1900 (Washington, DC: Government Printing Office, 1904).
363 The man the Army chose: Donald A. Wells, The Laws of Land Warfare: A Guide to the U.S. Army Manuals (Westport, CT: Greenwood Press, 1992), 4; Geo. B. Davis, [untitled], American Journal of International Law 8, no. 4 (1914): 950–51. As far as I can tell, the only other person to make the connection between the Glenn of the water cure and the Glenn of the 1914 field manual is Dr. Andrew J. Birtle in his U.S. Army Counterinsurgency and Contingency Operations Doctrine, at p. 179. I am grateful to Dr Birtle for helping me confirm that the two references to Edwin F. Glenn were to one and the same man.
363 exiled for years to a series: I have used Glenn’s manuscript service records available in the research library edition of www.ancestry.com.
363–64 cited and argued about at length by prosecutors and defense lawyers alike: Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10, Nuernberg, October 1946–April 1949, 15 vols. (Washington, DC: Government Printing Office, 1949–53).
364 “done his work exceedingly well” . . . “continental Europe”: Davis, [untitled], 951.
364 poisons . . . contamination of water supplies: Rules of Land Warfare (1917), §176–85, at pp. 56–58.
364 “the greatest kindness of war”: Ibid., §10, at p. 14.
364 “laws of humanity”: Ibid., §4, at pp. 12–13.
364 “war crimes”: Ibid., §366, at p. 129.
364 “Military necessity”: Ibid., §13, at p. 14; see also §57, at p. 27.
Epilogue
368 willingly cause 750,000 deaths: For the new, higher death toll from the Civil War, see J. David Hacker, “A Census-Based Count of the Civil War Dead,” Civil War History 57, no. 4 (2011): 307, which raises the figure from older estimates of 620,000 deaths.
369 the life of the laws of war: Paraphrasing Oliver Wendell Holmes, Jr., The Common Law (Boston: Little, Brown, 1881), 1.
370 “a disheartening business”: James G. Randall, Constitutional Problems Under Lincoln, rev. ed. (Urbana: University of Illinois Press, 1951), p. xxx.
Illustration Credits
Illustrations from the text
Page
24 John André’s self-portrait, 1780. George Dudley Seymour Papers, Manuscripts and Archives, Sterling Memorial Library, Yale University.
66 Massacre of the American prisoners at Frenchtown on the River Raisin by the Savages under the command of the British Genl. Proctor: January 23d. 1813. William L. Clements Library, University of Michigan.
97 Savage Barbarity, from Eunice Barber, Narrative of the tragical death of Mr. Darius Barber, and his seven children, who were inhumanly butchered by the Indians (Boston: David Hazen, 1818). Courtesy of the General Collection, Beinecke Rare Book and Manuscript Library, Yale University.
107 Massacre of the Whites, from A True and authentic account of the Indian war in Florida (New York: Saunders & Van Welt., 1836). Courtesy of the General Collection, Beinecke Rare Book and Manuscript Library, Yale University.
131 N. Currier, An available candidate—the one qualification for a Whig president, 1848. Library of Congress Prints and Photographs Division.
143 Alfred R. Waud, Provost Marshal—and police of Alexandria searching and examining a prisoner of war, 1861. Morgan Collection of Civil War Drawings, Library of Congress.
159 Destruction of the privateer Petrel by the St. Lawrence, 1862. Steel engraving by Robert Hinshelwood, after painting by Paul Manzoni. Library of Congress Prints and Photographs Division.
171 Rebel assault on the Union right at Fort Donelson, from Harper’s Weekly, March 8, 1862. Courtesy of the General Collection, Beinecke Rare Book and Manuscript Library, Yale University.
189 The destruction of the city of Lawrence, Kansas, and the massacre of its inhabitants by the Rebel guerrillas, August 21, 1863, from Harper’s Weekly, September 5, 1863. Library of Congress Prints and Photographs Division.
221 Thomas Wentworth Higginson and First Sergeant Henry Williams, from Mary Thacher Higginson, Letters and Journals of Thomas Wentworth Higginson, 1846–1906 (New York: Houghton Mifflin, 1921). Courtesy of the Sterling Memorial Library, Yale University.
257 Detail from Rebel Atrocities, in Harper’s Weekly, May 21, 1864. Courtesy of the General Collection, Beinecke Rare Book and Manuscript Library, Yale University.
258 Massacre at Fort Pillow, in Harper’s Weekly, April 30, 1864. Courtesy of the General Collection, Beinecke Rare Book and Manuscript Library, Yale University.
262 Alfred R. Waud, Returned prisoners of war exchanging their rags for new clothing on board Flag of Truce boat New York, 1864. Library of Congress Prints and Photographs Division.
297 [Photo of Champ Ferguson, rebel guerrilla, during his trial, with a guard of the 9th Michigan Infantry], 1865. Louis E. Springsteen Photograph Collection, Bentley Historical Library, University of Michigan.
321 Alfred R. Waud, The casemate, Fortress Monroe, Jeff Davis in prison, 1865. Library of Congress Prints and Photographs Division.
331 Adrian J. Ebell, Indian jail for Sioux uprising captives, 1862. Minnesota Historical Society.
360 The Water Cure, from Life Magazine, May 22, 1902. Courtesy of the Sterling Memorial Library, Yale University.
374 General Orders No. 100, 1863. Courtesy of the Rare Book & Manuscript Library, Columbia University.
Illustrations from the insert
Number
1. John Trumbull, General George Washington at Trenton, 1792. Yale University Art Gallery, Gift of the Society of the Cincinnati of Connecticut.
2. George Munger, [U.S. Capitol after burning by the British], c. 1814. Library of Congress, Prints & Photographs Division.
3. C. W. Peale, John Quincy Adams, 1819. Courtesy of the Philadelphia History Museum at the Atwater Kent, the Historical Society of Pennsylvania Collection.
4. Albert Sands Southworth and Josiah Johnson Hawes, John Quincy Adams, c. 1850. Image copyright © The Metropolitan Museum of Art. Image source: Art Resource, NY.
5. George Cruikshank, American Justice!! Or the Ferocious Yankee Genl. Jack’s Reward for Butchering Two British Subjects!!, 1819. Courtesy of the Tennessee State Museum.
6. Hon. Charles Sumner of Mass., c. 1855–1865. Brady-Handy Photograph Collection, Library of Congress Prints and Photographs Division.
7. Mathew Brady, [Abraham Lincoln, seated next to small table, in a reflective pose, May 16, 1861], 1861. Library of Congress Prints and Photographs Division.
8. William J. Baker, [The Secretary of State and the diplomatic corps at Trenton Falls, New York], 1863. Library of Congress Prints and Photographs Division.
9. Alfred R. Waud, [Incident in the blockade], c. 1860–1865. Library of Congress Prints and Photographs Division.
10. “Policeman Wilkes,” from Harper’s Weekly, November 30, 1861. Library of Congress Prints and Photo
graphs Division.
11. Francis Lieber, c. 1859. Courtesy of the University Archives, Columbia University in the City of New York.
12. John A. Scholten, [Portrait of Maj. Gen. Henry W. Halleck, officer of the Federal Army], c. 1860–1865. Library of Congress Prints and Photographs Division.
13. David B. Woodbury, A Negro family coming into the Union Lines, 1863. Library of Congress Prints and Photographs Division.
14. Revenge taken by the Black Army, 1805. Library of Congress Prints and Photographs Division.
15. Alexander Gardner, [Abraham Lincoln on battlefield at Antietam, Maryland], 1862. Library of Congress Prints and Photographs Division.
16. Adalbert John Volck, Worship of the North, c. 1861–1863. Photograph © Museum of Fine Arts, Boston, Gift of Maxim Karolik for the M. and M. Karolik Collection of American Watercolors and Drawings, 1800–1875.
17. Henry Louis Stephens, The Lash, c. 1863. Library of Congress Prints and Photographs Division.
18. Henry Louis Stephens, Blow for Blow, c. 1863. Library of Congress Prints and Photographs Division.
19. Francis Lieber, Class of 1862 class photograph, 1862. Courtesy of the University Archives, Columbia University in the City of New York.
20. Samuel A. Cooley, [Beaufort, South Carolina. 29th Regiment from Connecticut], 1864. Library of Congress Prints and Photographs Division.
21. Henry Louis Stephens, Make Way for Liberty!, c. 1863. Library of Congress Prints and Photographs Division.
22. Alfred R. Waud, [Black Soldier], c. 1862–1865. Library of Congress Prints and Photographs Division.
23. George N. Barnard, [Atlanta, Ga. Gen. William T. Sherman on horseback at Federal Fort No. 7], 1864. Selected Civil War photographs, 1861–1865, Library of Congress.
24. George N. Barnard, [Atlanta, Ga. The shell-damaged Ponder House], 1864. Selected Civil War photographs, 1861–1865, Library of Congress.
25. Mathew B. Brady, [Ethan Allen Hitchcock, head-and-shoulders portrait, facing front], c. 1853–1859. Library of Congress Prints and Photographs Division.
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