The Sun.
London, England, 1861-08-27 00:00:00

THE FEDERAL GOVERNMENT AND

THE FUGITIVE SLAVES.

By the last packet we received the letter of
General Butler asking for instructions as to the
runaway slaves in his keeping. Thc: answer of
the Secretary for War oa this important ques-
tion deserves to be given at length :
" Washington, August, 1861.
" General,—The important question of the proper dispo-
sition to be made of fugitives from service in the States in
insurrection against the Federal Government, to which you
have again directed my attention in your letter of July 20,
has received my most attentive consideration. It is the de-
sire of the President that all existing rights in all the' States
be fully respected and maintained. The war now prose-
cuted on the part of the Federal Government is a war for
the Union ; for the preservation of all Constitutional rights
of States and the citizens of 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 judi-
cial proceeding must be respected by military and civil
authorities alike for the enforcement of legal forms. But
in the States wholly or in part under insurrectionary con-
trol, where the laws of the United States are so far opposed
and resisted that they cannot be effectually enforced, it is
obvious that the rights dependent upon the execution of
those laws must temporarily fail; and it is equ ally obvious
that the rights dependent on the laws of the State within
which military operations are conducted must be necessarily
subordinate to the military exigencies created by the insur-
rection, if not wholly forfeited by the treasonable conduct
of parties claiming them. To this the general rule of righ
to services fonls an exception. The Act of Congress, ap-
proved on the 6th of August, 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 recognised lby the military
authority of the Union for tho services of such persons
when fugitives.
"A more difficult question is presented in re,spect to per-
sons 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 can be claimed mast needs be
wholly, or almost wholly, suspended. As to the remedies
by the insurrection and the military measures necessitated
by it, it is equally apparent that the substitutioze of military
for judicial measures for the enforcement of such claims
must be attended by great inconvenience, embarrassments
and injuries. Under these circumstances it seems quite
clear that the substantial rights of loyal 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 organizations and
such occupation as circumstances may suggest; or require.
Of course a record should be kept showing the. name and
description of the fugitives, the name and character, beas
loyal or disloyal, of the master, and such facts as waYees
necessary to correct the understanding of the cirenuisstantorede
of each case, after tranquillity shall have been
Upon the retura of peace, Congress will doubt
provide for all the persons thus received restored
Upon
tiheeesseprvilice of
the Union, and for a just compensationhintotc* loyal masters.
In this way only, it would seem,
of the Government and the duty and safety
just rigelli:stofeall be fully
T 00013...

ciled and harmonized.
" You will, therefore, consider yourself instructed to o•
vern your future action in respect to fugitives from service
by the premises 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 a
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 good may seem
to require it, prevent the voluntary return of any fugitive
to the service from which he may have escaped.
6, I am, very respectfully, your obedient servant,
" SiMoN CAMERON, Secretary of War.
"To Major-General Butler, commanding Department of
Virginia, Fortress Monroe."

The Gazette de Trieste states that the attempt to
launch the iron cased frigate the Salamander at that
port proved a failure. The vessel stuck fast on the ways
before reaching the water.