April 24, 1863: Promulgation of the Lieber Code

Wednesday, April 24, AD 2013

Art. 43. Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States, such person is immediately entitled to the rights and privileges of a freeman To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of postliminy, no belligerent lien or claim of service.

Francis Lieber led a colorful life.  Born in Berlin in 1798, he enlisted in the Prussian Army in 1815 and was wounded at Waterloo.  Unable to attend a university in Berlin due to his membership in a Liberal group that opposed the Prussian monarchy, he attended Jena University and, a brilliant student, completed his dissertation on mathematics in four months in 1820.  He took time out from his academic career to fight in the Greek War of Independence in which he was severely wounded.  He served as a tutor for the son of the Prussian ambassador in Rome for a year and wrote a book about his experiences in Greece.  Receiving a royal pardon, he returned to Prussia only to run afoul of the authorities again for his Republican beliefs.  Imprisoned, he took advantage of the time to do what any good Romantic of his generation would do, he wrote a book of poetry, Songs of Wine and Bliss.

After his release he fled to England, where he supported himself by acting as a tutor.  Meeting his future wife and marrying her, the Liebers left the Old World to start a new life in the New World in 1827.  There Lieber embarked on an academic career.  In Boston he achieved notoriety for opening a school which gave instruction in swimming, a first in America.  He edited a 13 volume Encyclopedia Americana.  From 1833-1835 he resided in Philadelphia while preparing a plan of education for Girard College.  In 1835 he began a sojourn of 21 years duration at the University of South Carolina teaching history and political economics.  He retained an interest in Germany, and returned for a few months after the revolution of 1848 although his hopes that Germany would take the Liberal path he favored were quickly dashed.

From 1856-1865 he was professor of history and political science at Columbia.  In 1860 he was also appointed a professor of political science at the law school at Columbia, a post he would hold until his death in 1872.

The coming of the Civil War tragically divided Lieber’s family, just as it divided the nation.  One of his sons fought and died for the Confederacy, while his other two sons fought for the Union.  Lieber himself was a staunch advocate of the Union and an opponent of slavery.  He founded and headed the Loyal Publication Society that wrote scholarly pro-Union propaganda during the War.  He first met Lincoln at the White House in 1861 to confer upon him an honorary degree from Columbia.  Thereafter he was called to Washington frequently to consult with Lincoln, Stanton and Seward on questions of international law.

During his academic career Lieber had written many books and articles on law, politics and history that had given him an international reputation.  It is therefore not surprising that Lincoln turned to Lieber to draft a code of Law to govern the Union forces during war-time.  The Code was promulgated in General Order 100 on April 24, 1863.

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Vatican Weighs in On Middle East Christian Crisis

Tuesday, June 8, AD 2010

The Vatican  released a working paper during Pope Benedict XVI’s pilgrimage to Cyprus to prepare the way for a crisis summit of Middle East bishops in Rome. What I take away from this- along with the Holy See’s call for lifting the blockade of Gaza- is something of a vindication for my more raw views urging for a sea change in American Catholic opinion and action regarding the overall situation in the Middle East, and in Israel-Palestine in particular.

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14 Responses to Vatican Weighs in On Middle East Christian Crisis

  • We really need to get even-handed if we even want to have credibility in the larger Arab world- something the polls indicate we are sorely lacking- to be it mildly.-Tim Shipe

    “Even-handed” in relation to the Arab world of progrom-states and their target is… what, exactly?

    Hamas and extremist Jewish settler movements…

    Conjoining those two categories leads one into a muddle. Let’s have a look at how many missiles, homicide bombers, etc. the two groups, normal Hamas supporters and ‘extremist’ Jewish settlers, have used to terrorize their neighbors.

  • Bravo. There won’t be peace in the Middle East until Americans, including Catholics, stop spoiling Israel and start treating it like we treat every other nation.

    I think this is the one area of Obama’s presidency where I think Obama has been more positive than negative-though he still does too little.

    Conjoining those two categories leads one into a muddle. Let’s have a look at how many missiles, homicide bombers, etc. the two groups, normal Hamas supporters and ‘extremist’ Jewish settlers, have used to terrorize their neighbors.

    The settlers have no need of such tactics since they’re supported by the Israeli military. If they need force, they don’t strap on a bomb; they have the planes drop a bomb instead. It is unquestionable that settlers, at the behest of the government, have continued to expand and continued to take Palestinian land. This is clearly not a motive of peace but one of a desire to usurp and it ought to be opposed.

  • “The settlers have no need of such tactics since they’re supported by the Israeli military.”

    The body count would seem to indicate that the Israeli military then is doing a poor job. From 2000-2008 I believe 45 Palestinians have been killed at the hands of Settlers while 238 Settlers have been killed at the hands of Palestinians. In regard to umbrage at the Settlers, I am a bit puzzled. I have heard some people here at AC condemn Arizona’s law against Mexican illegal aliens as Nazi-like. Perhaps any moral difficulty with the Israeli Settlers could be cured if we simply consider them to be illegal aliens on the West Bank?

    Of course I believe the preferred term would be undocumented immigrants. Someone else on the net has already taken the Israeli Settlers as undocumented immigrants concept and ran with it:

    http://bikyamasr.com/wordpress/?p=12393

  • Tim, the political leadership in the West Bank, Gaza, and the camps want no settlement that is not constructed on the ruins of the Jewish state. Deal with it, please.

  • The body count would seem to indicate that the Israeli military then is doing a poor job. From 2000-2008 I believe 45 Palestinians have been killed at the hands of Settlers while 238 Settlers have been killed at the hands of Palestinians.

    Don:

    Here is an opposing view which objects to the stats you and your favorite paper, the NYT, toss about.

    http://www.ifamericansknew.org/media/nyt-report.html

    Statistics are like “you know whats”. Everybody has one.

  • Art Deco – I agree with your post whole-heartedly.

    The Pope is wrong here. Israel can give up its blockade after he sends the Swiss Guard home. Before this flotilla stunt, did anyone know that Gaza was being blockaded? A response like this from the Holy See indicates that the stunt has worked.

    The Jews have built a beautiful, thriving country in the desert within the span a 50 years. A feat the Arabs have not managed to do in their own countries for centuries. This whole thing is about envy.

    Arab Christians are being routed by whom exactly? This is not a difficult question to answer.

  • Fuji, your calling the New York Times my favorite newspaper is almost as humorous as your citing If Americans Knew, an organization which is bitterly hostile to Israel. Paul Findley is on its board. Findley was the pro-abort and pro-PlO Republican Congressman from Springfield in my state of Illinois. Thanks to my efforts, along with the efforts of many others, he became an ex-Congressman in 1982.

    I would as soon accept a press release from Hamas as a credible source, as I would anything put out by If Americans Knew.

  • The ADL has some interesting information linked below on Alison Weir who runs If Americans Knew.

    http://www.adl.org/Israel/anti_israel/alison_weir/anti-Semitism.asp?m_flipmode=3

  • Fuji,

    You’ve completely misunderstood the purpose of the If Americans Knew “study” — it doesn’t deal at all with whether the statistics which the NY Times publishes about the Israeli/Palestinian conflict are accurate, it deals with how often deaths on each side are mentioned in the headline or the first paragraph of an article. Its claim is not that the NY Times presents false information, but that it talks more about the deaths of some people than those of others.

    An example of this would be, if one news story said, “A Hamas suicide bomber blew himself up in a shopping center, killing three Israeli adults and two children.” and then the next day another story began, “The Israeli defense minister promised to take ‘strong action’ in retaliation for the attack Monday which killed five Israelis, including two children, at a crowded shopping center,” this ‘study’ would consider that to be reporting 200% of the number of Israeli dead, since they were mentioned in two separate stories.

    Nor is the statistic that Palestinians kill more Settlers than Settlers kill Palestinians inconsistent with the fact that overall far more Palestinians have died in the conflict than Israelis, since obviously not all Israelis are settlers and not all Palestinians killed (indeed, very few) are killed by settlers.

  • You can take your rose-colored spectacles off when viewing Israel and still conclude that Hamas and other Islamofascist groups are evil. Not blindly supporting Israel is not a tacit approval of all things Arab and/or Muslim.

    In regards to this so-called peace flotilla – it is obvious that it was a false flag operation designed to denigrate Israel and it is working. In regards to Israel – they are a far better friend than Arab/Muslim states – but they are not a very good friend.

    Israel has a right to exist and to defend herself and I would argue to occupy territories the UN and the British gave to Egypt and Jordan for her defense. Who constantly gets screwed as Muslims and Arabs use the Palestinian Arabs as a tool to beat the West with? Not Israel – the Palestinian Arabs do. The people, especially the children and most especially the Christians suffer at the hands of so-called Palestinian leadership, a secular Jewish state that engages in horrible behavior and the UN and other Arab states.

    Now that we have allowed the Isalmofascists to indoctrinate generations it is practically impossible to work for peace and no one wants it anyway – no one save for possibly the Pope and the poor Christians who live in the Holy Land.

    Can peace be brokered – we can hope – but it is doubtful until the King returns. Muslims specifically never enter a permanent peace with anyone in Dar Al Harb (the House of War). They certainly won’t enter a permanent peace with Jews – Mohammad practically built his religiology on capture of booty, imperialism and slaughter of Jews. Not to mention copious copies of the Torah and Nestorian heresies.

    Strategically speaking, the USA would be fools to turn our backs on Israel – but having blind support for her is just as foolish. I don’t necessarily fault Israelis for their bad behavior, historically speaking – they were coming from a very frightening place and fear makes you do stupid things – they are nevertheless, still responsible but that does not absolve the British for solving their Jewish-problem with better PR than the Nazis. Instead of killing the Jews, the British shipped them out of England to their own homeland – neglecting to tell them they promised the same land to the Arabs that had lived there since the 7th century.

    What did they think was going to happen? Had a different and more balanced solution been developed between 1917 and 1947 – the current mess could have been avoided. I doubt that is what those who want a weak and unstable mid-East wanted. Lebanon and Palestine had the best chance for Christianizing the rest of the Arab and Muslim lands – however, just like the Crusader Kingdoms – the West dropped the ball on supporting them and the price is war and the shrinking of the Christian population and the ascendancy of Islam. Make no mistake – Islam is an imperial totalitarian ideology and will align with the subversive Left in the West to gain entry and then turn on their tolerant, peace-loving, pot-smoking friends.

    If anyone can broker an honest peace in the Middle-East it would be the Pope, but he may need American guns.

  • How would the gallant Turkish (NATO member) army/navy respond to the following? A bunch of Armenian-Americans (two Israeli humanitarian groups already are planning such) get up a couple tons of humanitarian aid and stage a huge guerrilla theater propaganda extravaganza of bringing it to the six Armenians not yet murdered in Turkey. Or better analogy, do it for the Kurds fighting for their independence.

    Hamas, Hizbollah, etc. will end the terror war against Israeli civilians, women and children (and the Arab women and children they use as human shields) when the last Israeli is either murdered or driven into the sea.

    The Pope ought to denounce the Holy See bureaucRAT that came up with this hateful paper.

  • I don’t think you can figure out the justice of a conflict simply by counting up bodies. However, it is a fact that far more Palestinians than Israelis have died in the conflict.

  • I’ll take the Vatican seriously on matters concerning the Middle East, if they would express themselves in the same forthright manner on other wars and conflicts that plague the globe, in particular those that concern Catholics and Christians. The Catholic Church’s hollowness in these matters could be seen most clearly at work in early 2009. In December of 2008 the Israelis invaded Gaza to put an end to the constant rocket barrage, and my how the Catholic press and heirarchy waxed eloquent, counterpoising each other with elavated talk about ‘just war’, ‘human rights’ and the rest of it, not stinting to blame the Israelis by name for all manner of wrongs real and imagined. The bishop here in Singapore (where I live) got on the bandwagon and launched an appeal for Gaza.

    Three months later, in March the Sri Lankans launched their final push into Jaffna, when the dust settled more than 20,000 civilians were dead. Given the proportion of Catholics in Jaffna, it is reasonable to surmise that the number of Catholic dead alone exceeded the total death toll in Gaza. Yet where was the Vatican in all this? Why was no appeal launched for them? Does the criteria of ‘just war’ not apply to the darker nations? Apart from generalised handwringing, nothing much was heard from our Vatican friends. No one tagged the Sri Lankan army with brutality. Their reticence doubtless owed much to the restraining hand of Msgr Malcolm Ranjith, himself a Ceylonese and thus in a position to know that the government would take out any displeasure on the Catholic Church in Sri Lanka.

    This in essence is the well established pattern of Vatican hypocrisy; when it comes to Israel, break out the tomes on jus ad bellum and set them terms that no nation in history has been able to follow, and thereby not incidentally burnish the Vatican’s own street cred with the Muslims at the expense of Jews. On the other hand, when it comes to countless attacks against Christians, from Nigeria to Pakistan to Indonesia, put out a pro forma declaration hoping that the problem goes away.

  • An aside. But perhaps an example of how diplomacy doesn’t work, or at least works poorly:

    http://www.washingtonpost.com/wp-dyn/content/article/2010/06/08/AR2010060805406.html

The Obama Administration and Freedom of Speech

Wednesday, October 7, AD 2009

George Washington-Freedom of Speech

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Founding Fathers left no doubt which freedoms they held most important.  They inserted them into the First Amendment to the Constitution.  Freedom of speech and of the press come right after freedom of religion.  These freedoms, and all the others set forth in the Constitution, are the birthright of all Americans and a precious example to the rest of the world.  That is why I am bemused by the manner in which the Obama administration appears to be indifferent to attempts to undermine freedom of speech and of the press at the UN.

Hattip to Instapundit.  In an article here at the The Weekly Standard, Anne Bayefsky, writes about the Obama administration signing on to a freedom of expression resolution.

“The new resolution, championed by the Obama administration, has a number of disturbing elements. It emphasizes that “the exercise of the right to freedom of expression carries with it special duties and responsibilities . . .” which include taking action against anything meeting the description of “negative racial and religious stereotyping.” It also purports to “recognize . . . the moral and social responsibilities of the media” and supports “the media’s elaboration of voluntary codes of professional ethical conduct” in relation to “combating racism, racial discrimination, xenophobia and related intolerance.”

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One Response to The Obama Administration and Freedom of Speech

  • Two thoughts

    1. I find it interesting that the same resolution that contains “Stresses that condemning and addressing,. . . any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, . . . .” also contains ” Recognizes that the open public debate of ideas can be among the best protections against racism, racial discrimination, xenophobia, and related intolerance, and can play a positive role in combating national, racial, or religious hatred”

    2. Given our national heritage and values, how many of us shout “there oughta be a law!” when the “Piss-Christ” is displayed? I do not include in that group people who simply point out the tasteless, offensive, sacrilegious and intolerant nature of the “work of art.”