Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1861-08-16
CONTRABAND QUESTION.

be employed IN tile United States Ser
uice
WAsuINGroN, Aug. II. The follow
ing letter has been dispatched to General
Butler by the Secretary of War:
WASHINGTON, Aug, 1861.
General: The important question of
the proper disposition to be made of fu-
gitives from service in the States in in
surrection against the Federal Govern
ment, to which you have again directed
my attention, in your letter of July 20,
has received my most attentive consider
alton. tbs the desire of the President
that all existing rights in all the State be
fully respected and maintained. The
war now prosecuted on the part of the
Federal Government is war for the
Union, for the preservation of all the
Constitutional rights Of the States and
the citizens of the States in the Union,
hence no question can arise as to fugi-
tives from service within the States and
Territories in which the authority of the
Union is fully acknowledged. The Or
binary forms of judicial proceedings must
be respected by the military and civil
authorities alike for the enforcement of
! legal forms. But in the States wholly
or in part under insurrectionary control,
where the laws Of the United States are
so opposed and resisted that they cannot
be elicctually enforced, it is obvious that
the rights dependent upon the execution
Of these laws must temporarily fail, and
it is equally obvious that the rights de-
pendent on the laws OF the States within
which military operations are conducted
must necessarily be subordinate to the
military exigencies created by the insur-
rection, if not wholly forfeited by the
reasonable conduct of the parties claim
ing them. To this the general rule Of
the right to service forms an exception.
The act of Congress, approved Aug. 6,
1861, declares that if persons held to SER
vice shall be employed in hostility to the
United States the right to their services
shall be discharged therefrom. 1t follows
of necessity that no claim can be recog-
nized by the military authority 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. 1t is quite APP
parent that the laws of the State under
which only the services Of such fugitives
can be claimed must needs be wholly su-
perceded, as to the remedies, by the in
surreetion and the military measures ne
cessitated by it and it is equally appar-
ent that the substitution Of military judi
cal measures for the enforcement of such
claims must be attended by great incon-
venience, embarrassments and injuries.
Under these circumstances, il seems
quite clear that the substantial rights Of
loyal masters are still best protected by
receiving such fugitives, as well as fugi-
tives from dsloyal masters, into the SER
vice of the United States and employing
them under such organizations and in
such occupations as circumstances may
suggest or require. OF course a record
should be kept showing the names and
characters, as loyal or disloyal, of the mas
tiers, and such facts as may be necessary
to a correct understanding of the circum-
stances of each case.
After tranquility shall have been re-
stored upon the return of peace, Congress
will doubtless provide for all the persons
thus received into the service of the I'm
ion and for a just compensation to
loyal masters. In this way only would
it seem can the duty and safety of the
Government and just rights of all be fully
reconciled and harmonized. You will
therefore consider yourself instructed to
govern 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 De-
partment. You will however, neither
authorize nor permit any interference by
the troops under your command with the
servants of peaceable citizens in house
or field, nor will you in any manner en-
courage such citizens to leave the lawful
service of their masters, nor viii you,
except in cases where the public good
may seem to require it, prevent the vol
untary return of any fugitive to the ser
vice from which he may have escaped.
1 am, very respectfully, your o'bt. servant,
SIMON CAMERON, Secretary of War
To Major General BUTLER, commanding Depart
ment of Virginia, Fortress Monroe.
ryyr II