Daily national Democrat., 1861-08-24
Gen. Butler on the contraband question.

| N''N'
to Washington. He writes under date o
July so to the Secretary Of War, saying:
Up to and at the time of the order | had
been preparing for an advance movement, By
which hoped to cripple the resources of the
enemy at Yorktown, and especially by seiz-
ing large quantity of negroes who were
being pressed into their service in building
the intrenchments there | had five days
previously been enabled to mount for the
first time the first company of light artillery
which | had been empowered to raise, and
they had but a single riAed cannon, an iron
six-pounder. OF course everything must and
did Weld to the supposed eXigency and the
orders This ordering away the troops from
this department, while it weakened the posts
at Newport News, necessitated the withdra =
al of troops from Hampton, where | was then
throwing up intrenched works to enable me
to hold the town with small force, while
advanced up the York or James river. In
the village of Hampton there were large
number of negroes, composed in great
measure of the women and children OF the
men who had fled thther within my lines
for protection, who had escaped from ma
rauding parties of rebels who had been
gathering up able-to odied blacks to aid them
in constructing their batteries on the James
and York rivers had employed the men
in Hampton in throwing up intrenchments
and they were working zealously and etii-
ciently at that duty, saving our soldiers from
that labor under the CLEAN of the midday
sun. The women Were earning substantially "
their own subsistence in washing marketing
and taking care of the clothes of the soldiers,
and rations were being served out TO the
men who worked for the support of the
children But 10y the evacuation of Uamp-
ton, rendered necessary by the withdrawal OF
troops, leaving me scarcely 5000 men outside
the fort inclding the force at n Nport News,
all these black people were obliged to break
up ,their homes at Hampton, and fleeing
across the creek within my lines for pgotcc-
ton and support. Indeed it was most dis
tressing sight TO see these poor creatures,
who had trusted to the protection of the
arms of the United States and who aided the
troops of the United States in their enter
prise, TO be thus obliged to flee from their
homes, and the homes Of their masters, who
had deserted then, and become fugitives
from fear OF the return of the rebel solderV,
who had threatened to shoot the men who
had wrought for us, and to carry off the
women who had served us, to Il worse than
Egyptian bondage. | have therefore, now
within the Peninsula, this side of Hampton
Creek, 900 negroes, 800 of whom are able
bodied men, 80 of whom are men suhstan-
TALLY men past hard labor, l75 women, 225
children under the age of 10 years, 40 be-
tween 10 and 8 years, and many more COM
ing in. The questions which this state of
facts present are very embarrassing
First--What shall be done with them q?
and,
Seeond-What is their state and condi-
ton?
Upon these questions desire the instruc-
tions of the Department.
The first question, however, may perhaps
be answered 10y considering the last. Are
these men, women and children, slaves Are
the free2 Is their condition that of men,
women and children, or of proPcity,or is it a
mixed relation? What their status was un-
der the Constitution and laws we all know
What has been the effect of rebellion and a
state Of war upon that status? When ad-
opted the theory of treating the able-boded
negro, fit to work in the trenches, as property
liable to he used in aid Of rebellion, and 50
coutraband Of war, that condition Of things
was in so far met as | then and still believe,
on a le-ll and constitutional basis. But now
a new series Of questions arise. Passing hY
women, the children certainly cannot be
treated on that basis if property, they must
be considered the incumberauce, rather than
the auxiliary of an army, and, of course, in no
possible legal relation, could be treated as
contraband. Are they property? If they
were so they have been left 10y their masters
and owners, deserted, thrown away, aban-
doncd, Ike the wrecked vessel upon the
ocean. Their former possessors and owners,
have causelesslY, traitorously, rcbcjously,
and TO carry out the figure, practically all
l,n,J L.r -, L., Il
winter storms Of starvation. If lfpropcrty, do
they not become the property of their salv-
ors but we, The salvors, do not need and
will not hold such property and will assume
no such ownership; has not therefore all pro
prietary relationship ceased Have they
not become thereupon men, women and chill
dren? No longer under ownership Of any
kind, the fearful relicts Of fugitive masters
have they not by their own masters acts. and
the state of the war, assumed the condition
which we hold to be the normal one, of those
made in Gods image Is not every constitu-
tioial legal and moral requirement. as well
to the runaway master as their relinQuished
slaves, thus answered confess that my
own mind is compelled by this reasoning to
look upon them as men and woman. If not
free born, yet free manumtted, sent forth
from the hand that held them, never to be re-
claimed.
OF course if this reasoning thus imperfect
ly set forth is correyt my duty as a humane
man is very plain. | should take the same
care of these men, women and children,
hoUseless homeless and unprovided for, as
would of the same number of men, women
and children, who for their attachment to the
Union had been driven or allowed to flee
from the Confederate States. ! should have
no doubt on this question had not seen it
stated that an order had been issued by Gen
Mcdowell in his Department., substantially
forbidding all fugitives slaves from coming
within his lines or being harbored there. Is
that order to be enforced in all military de
partments? If SO, who are to he considered
fugitive slaves? Is slave 80 be considered
fugitive whose master runs away and leaves
him ? Is it forbidden to the troops TO aid or
harbor within their lines the negro children
who are found therein or the soldier, hen
his march has destroyed their means Of sub
! sistence to allow them to stGrve because he
has driven off the rebel master? Now shall
! the commander of regiment or battalion
sit in Judgment upon the question: wheth sr
any given black man has fled from his master
or his master fed Eom him? Indeed, how
are the free born to be distinguished? Is any
one more or less fugitive slave because he
has labored upon the rebel intrepchments
If he has so labored, ifI understand it, he Is
to be harbored. BY the reception of which
are the rebels most to be distressed, by talk
ing those who have wrought all their rebel
masters desired, making their battery, OF
| those who have refused to labor, and left the
| battery unmapked?
have VerV decided oDiniOns upon the