Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1861-08-16
FROM WASHINGTON
Letter of the Secretary of War to
Gen. Butler in Reference to Fugi-
tive Slaves

Ut
Gen. Butler in Reference to Fugi-
tive Slaves.
WASHINGTON, August 1.-THE following
letter has just been dispatched to Gen. Butler
by the Secretary of War;
WASHINGTON, August o. 1861.
General-The important question of the
proper disposition to be made of fugitives
from service in States in instruction against
the Federal government, to which you have
again directed my attention in your letter of
July Both, has received my most attentive
consideration.
1t is the desire of the President that all ex-
listing rights in all TIE States be fully respected
and maintained. The war now prosecuted on
the part of the Federal government is war
for the Union, and for the preservation of all
the constitutional rights of States and of the
citizens of the States in the Union. Hence no
question can arise as to fugitives from service
within the States ana territories in which the
authority OF the Union is fully acknowledged :.
The ordinary forms of judicial proceeding
which must be respected by military and ciyil
authorities alike, will suffice for the enfoece-
ment of legal claims But in States wholly
or partially under insurrectionary ie3erol,
where the laws of the United States are SO far
| opposed and resisted that they cannot be
etIectually enforced, it is evident that rights
dependent on the execution of these 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 subordinate to
the military exigencies created by the insur-
rection, il not wholly forfeited by the trea-
sonable conduct of parties claiming them. -
To this general rule rights to services can
form no exception. The act Of Congress, APP
proved August 9th, 1861, declares that if
| l,,Il A. =.
hostility TO the United States the right to their
services shall be forfeited, and such persons
shall be discharged therefrom. 1t follows of
necessity that no claim can be recognized by
the military authorities of the Union to the
services of such persons when fugitives.
more diheuh question is presented in re-
| spect TO persons escaping from the service of
loyal masters 1t is quite apparent that the
laws of the State under which the service OF
such fugitives can be obtained must needs be
wholly or almost wholly suspended, as to
remedies, by theinsurrection 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 inconyeni-
ences, embarrassments and injuries.
| Under these circumstances it seems quite
clear that the substantial rights ofloyal mas
tiers will be best protected by receiving such
fugitives, as well as fugitiyes from disoyal
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 the character, as loyal or disloyal,
ofthc masters, and such facts as may be ne
cessary to IA correct understanding of the cir
cumstances of each case, after tranquility
shall have been restored. Upon the return Of
peace Congress viii doubtless provide for all
the persons thus received into the service of
the United States.