The Express.
London, England, 1861-08-26 00:00:00

THE NORTH AND THE SLAVES.

The American Secretary of War had replied to
General Butler's request for instructions as to the
disposal of slaves taking refuge with the Federal
forces to the following effect :

It is the desire of the President that all existing rights
all the states be fully respected and maintained. The
war now prosecuted on the part of the Federal govern-
ment is a war for the Union ; for the preservation of all

constitutional rights of States, and the CitiZOOS of the States
in the Union. Hence no question can arise as to fugitives
from service within the States and territories-itiTaertrie
authority of the Union is fully acknowledged. The eedimay
forms of judicial proceedings must be respected lby military
and civil authorities alike, for the enforcement of legal
forms. Bat in the States wholly or in part seder
insurrectionary control, where the laws of the
United States are so far opposed and resisted
that they cannot be effectually enforced, it is ob-
' vious that the rights dependent upon the execution
of those laws must temporarily fail ; and it is equally
obvious that the rights dependent on the laws of the
State within which military operations are conducted
must be necessarily subordinate to the military exigen-
cies created by the insurrection, if not wholly forfeited,
by the treasonable oonduct of parties claiming them.
To this, the general rule of right to services forms an ex-
ception. 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
shill be forfeited, and such persons shall be discharged
therefrom. It follows, of necessity, that no claim can be
recognised 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 service of such
fugitives an be claimed must needs be wholly, or almost
wholly, suspended as to the remedies, by the insurrection
and the military mamma necessitated by it, and it is
equally apparent that the substitution of military for
bemeasures for the enforcement of such claims must
be attended with great inconveniences, embarrassments,
and injuries. Under these circumstances it seems quite
clear that the substantial rights of local masters are still
best protected by receiving such fugitives as well as fugi-
tives from disloyal masters, into the service of the United
States, and employing them under such organisations and
such occupations as eircumstanois may suggest or require.
Of course, a record should he kept, showing a 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 cane, after tranquillity shell have been restored. Upos
the return of mace Congress will doubtless properly pravide
for all the poisons tlaui received iuto the service of the Union,
sad for a 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 harmonised.
You will therefore consider yourself instructed to govern
your future action in respect to fugitives from services by
the premises herein stated, and will reportfrom time to time,
and at least twice in each month, your action in the pre.
mises, to this department. You will, however, neither
authorise nor permit any interference by the troops under
your roinmaed with the servants of peaceful citizens iu •
house or field, nor will you in any way encourage such ser-
vants toi leave the lawful service of their mestere. Nor will
you, except in cases where the public good may seem to
require it, prevent the voluntary return of any fugitive to
the service from which he may have escaped.
DAY OF FASTING, HUMILIATION, AND
PRAYER.—A PROCLAMATION BY THE PRESI-