The national Republican., 1861-08-13
HOW SLAVES ARE TO BE DEALT WITH.

We subjoin in full the recent letter OF the
Secretary Of War upon the subject of fugitive
slaves coming into the lines Of General Butler
and which, Of course, must govern the conduct
of oil our generals similarly situated. 1t indi.
Gates that the policy of the Government has not
changed since the period OF the first instructions
given to General Butler in that regard, some
weeks ago.
In the intermediate time, there was an order
issued by one Of our generals here, forbidding
our army, then commencing march into Vir-
ginia, to harbor fugitive slaves within its
lines.
ltis now evident that the view which dictated
the order last referred to, was the purely mill.
tary one, that force, on the march, would be
incumbered and impeded by that sort OF add.
tion TO its numbers, and that the inference
drawn by some, tina! the policy of receiving
within the lines of our posts the fugitive slaves
of rebel masters, was given up, is not correct:
WAsHINoroN, August 8, 1861.
GENERAL: The important question Of the
proper disposition to be made OF fugitives from
service in States In insurrectlon against the
Federal Government, to which you have again
directed my attention in your letter of july
Both, has received my most attentive copsidera-
ton.
1t is the desire of the President that all ex-
isting rights, in all the States be fully respected
and maintained. The war now prosecuted on
the part Of the Federal Government is q 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 ques
tion can ari'e as to fugitives from service with
in 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 enforce.
ment Of all legal claims. But in States wholly
or partially under insurrectonary control,
where the laws Of the United States are 20 far
opposed and resisted that they cannot be
effectually enforced, 1t is obvious that rights
dependent on the execution OF those laws
must temporarily fail and it is equally oh.
vious that rights dependent on the laws of the
States within which military operations are
conducted, must be necessarily subordiuated to
the military exigencies created by the insurrec.
tion, If not wholly forfeited by the reasonable
conduct of parties claiming them. To this
general rule rights to services can form no ex.
ception.
The act Of Congress approved August 9Th,
1861, declares that il persons held to service
shall be employed in hostility to the United
States the right to their services shall be for
feited. and such persons shall be discharged
therefrom. 1t follows, of necessity, that no
claim can be recognised by the military author
ities OF the Union TO the services of such per-
sons when mgitives.
A more difficult 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 only the services
of such tugitives can be claimed, must ne Ids
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 snch
claims, must be attended by great inconve.
nierces, embarrassments, and injuries
Under these circumstances, it seems quite
clear that the substantial rights of loyal MAJ,
ters 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 NAV
suggest or require.
or course record should be kept, showing
the name and description of the fIgitives, the
name and the character, as loyal or disloyal of
the master, and such facts as may be necessary
to 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 per
sons thus received into the service of the Union
and for just compensation to loyal masters In
this way only, 1t would seem, can the duty and
safety Of tue Government and the Just rights Of
all be fully reconciled and harmonized.
Won will tharafnra cnno;da,
structed 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 in.
reference by the troops under your command,
with the fervants of peaceful citizens, In house
or field, nor will you, in auy way, encourage
such servants to leave the lawful service Of