Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-08-18

1 W4sHrGrON, August, 1861
GENEEAL-The important question Of the proper
disposition to be made Of fuitives from service in
the States in insurreetiOn against the federal gov
] ernment, to which you have again direcIed my at
tentiOn in your letter of July 23, has received my
most attentive consideration. It is the desire Of the
President that all the existing rights IN al the States
be fully respected and maintained. The War now
prosecuted on the part of the federal governments
war for the UniOn for the preservation OF ali con-
sttutonal rights Of States. and the citizens OF the
States IN the Union. Hence no question can arise
as to fugitYes from service within the states and
Territories in which the authority Of the Unon IS
fully;aeknowledged. The ordinary form Of juiicial
proceedings must be respected By military and civil
authorities alike for the enforcement Of legal forms.
But in the States wholly in part under nsurree>
tenary control, where the laws Of the United Sa.es
far opposed and resisted that they cannot be
eeeually enforced it is obvious that the rights de
pendent upon the execution Of those laws must
temporarily fail and il is equally obvious that the
rights dependent the laws Of State within which
military operations are conducted must be necessa-
riy subordinate to the military exgeneis created by
the insurrectou II not wholly forfeited BY the tea
sonable conduct of parties claiming them. To this
the general rule Of right 10 services forms ex-
ception. The act Of Congress, approved August 8,
1861, declares that II persons held 70 service shall
be employed in hostility to the United States the
right TO their services shall be forfeited. and such
persons shall he discharged therefrom Il follows,
of necessity, that cham can be recognized by the
military authority Of the Union for the services Of
such persons when fugitiyes.
A more difficult question IS presented in respect
70 persons escaping from the service of loyal mas
ters Il is quite apparent that the laws Of the State
under which only the service of such fugitiyes can
be claimed, must needs be wholly or almost wholly
suspended. As to the remedies by the insurrection
and the military measures necessitated by It il is
equally apparent that the substitution Of military
for judicial measures for the enforcement Of such
claims must be attended by great Inconvenience,
embarrassments and inquiries. Under these Cir
cumstanees it seems quite clear that the substantial
rights of local masters are still best protected By
receiving such fugitiTes as well as fugitives from
dislOyal masters, i1tO the service Of the United
States, and employing them under such OrganiZa-
tons and such occupations as circumstances msy
suggest or require. Of course a record should be
kept showing a name and description Of the fugi
tyes the name and character, as loyal or disOysl,
Of the master, and such facts may be necessary
to correct understanding Of the circumstances Ia
each case after tranquility shall have been restored
Upon the return of peace Congress will, doubtless,
properly provide for all the persons it has received
into the service of the Union, and for Just com
pensatiOn to loyal masters. In this way only, It
would seem, can the duty and safety Of the govern
ment and the Just rights Of al be fully Feconcled
anu harmOnized.
You will therefore, consider yourself instructed
to govern your future action in respect TO fugitves
from service by the premises herein stated, and
viii report, from time TO tlme and at least twice ID
0aOA HOhlA1 1OuH aCtlou AZ s-S p AS"ii-S9 - -
partment You Will, moreover, neither authorize
nor permit any interference BY the troops under
your eOmmaud with the servants Of peaceful Citl-
zens in house or fsld, nOT viii you In any way
such servants TO leave the lawful service
Of their masters; nor will ysu, except IN cases
where the public good may seem 70 require It. pre-
vent the voluntary return of any fugiuyes TO the
service from which be may have escaped. l am,
very respectfully, your obedient servant,
SIMON CAMERON Sec. Of War.
To Meior General Butler, commanding Depart
nent of Virginia, Fortress Monroe.