WASHINGTON, August 8,
1861.
Maj. Gen. B. F. BUTLER,
Commanding Department of Virginia, Fortress Monroe.
GENERAL: The important question of the proper disposition to
be made of fugitives from service in States in insurrection against the Federal
Government to which you have again directed my attention in your letter of July
30* has received my most attentive consideration.
It is the desire of the President that all existing rights
in all the States be fully respected and maintained. The war now prosecuted on
the part of the Federal Government is a war for the Union and for the
preservation of all constitutional rights of States and the citizens of the
States in the Union. Hence no question can arise as to fugitives from service
within the States and Territories in which the authority of the Union is fully
acknowledged. The ordinary forms of judicial proceeding which must be respected
by military and civil authorities alike will suffice for the enforcement of all
legal claims. But in States wholly or partially under insurrectionary control
where the laws of the United States are so far opposed and resisted that they
cannot be effectually enforced it is obvious that rights dependent on the
execution of those laws must temporarily fail; and it is equally obvious that
rights dependent on the laws of the States within which military operations are
conducted must be necessarily subordinated to the military exigencies created
by the insurrection if not wholly forfeited by the treasonable conduct of
parties claiming them. To this general rule rights to services can form no
exception.
The act of Congress approved August 6, 1861, declares that
if persons held to service shall be employed in hostility to the United States
the right to their services shall be forfeited and such persons shall be
discharged therefrom. It follows of necessity that no claim can be recognized
by the military authorities of the Union to the services of such persons when
fugitives.
A more difficult question is presented in respect to persons
escaping from the service of loyal masters. It is quite apparent that the laws
of the State under which only the services of such fugitives can be claimed
must needs be wholly or almost wholly suspended as to remedies by the
insurrection and the military measures necessitated by it. And it is equally
apparent that the substitution of military for judicial measures for the
enforcement of such claims must be attended by great inconveniences,
embarrassments and injuries.
Under these circumstances it seems quite clear that the
substantial rights of loyal masters will be best protected by receiving such
fugitives as well as fugitives from disloyal masters into the service of the
United States, and employing them under such organizations and in such
occupations as circumstances may suggest or require. Of course a record should
be kept showing the name and description of the fugitives, the name and the
character as loyal or disloyal of the master, and such facts as may be
necessary to a correct understanding of the circumstances of each case after
tranquility shall have been restored. Upon the return of peace Congress will
doubtless properly provide for all the persons thus received into the service
of the Union and for just compensation to loyal masters. In this way only it
would seem can the duty and safety of the Government and the just rights of all
be fully reconciled and harmonized.
You will therefore consider yourself as instructed to govern
your future action in respect to fugitives from service by the principles
herein stated, and will report from time to time — and at least twice in each
month — your action in the premises to this Department. You will, however,
neither authorize nor permit any interference by the troops under your command
with the servants of peaceful citizens in house or field, nor will you in any
way encourage such servants to leave the lawful service of their masters, nor
will you except in cases where the public safety may seem to require prevent
the voluntary return of any fugitive to the service from which he may have
escaped.
I am, general, very
respectfully, your obedient servant,
SIMON CAMERON,
Secretary of War.
_______________
* Not Found.
SOURCE: The War of the Rebellion: A Compilation of
the Official Records of the Union and Confederate Armies, Series II, Volume
1, (Serial No. 114), p. 761-2
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