The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1861-08-20
Important Letter from The Sec
rotary Of War 20 Cen.
Butler.

TIE fail0uins letter hHs iats 0eeh ait-
patched 70 Geaeral Buuler by lhc Sec
rotary II War
Washington, Aug =, 1861.
Cr4snf. Tie important question q
,he proper disposition TO be made Of lugi-
tites from service ia the States in insur-
restiob ae.ir.s, tbe Federal Government,
10 which you have again directed my al
tea,ioa, IN your letter Of July 20, has re-
eeised ny most attentive consideration
k II \ the desire Of The President that all
existing rights ia al the States be fully
respected and maintained. The war now
/ prosecuted on the part q the Federal Gov
eminent i a war for the Union, for the
preservation Of an the Constitutional rights
u tie States and the citizens Of the States
I ia the Union, hence no question can arise
rs to lugitiyes from service within the
/ States and Territories in which the author
ity Of The Union is fully Acknowledged
The ordinary forms Of judicial proceedings
must be respected By the military and CIV
Il authorities alike for the enforcement Of
legal forms. But in the States wholly or
in part under insurreciionary control,
where the laws Of the United States are 80
far opposed that they cannot be effectively
enforced, it Is obvious that the rights de-
pendent upon the execution Of these laws
must temporarily fail, and il is equally OBJ
yious that the rights dependent on the laws
Of the States within which military opera
lions are conducted must necessarily be
subordinate 10 the military exegiencies
created by the iusurreetion, If not wholly
forfeited by the reasonable conduct Of the
parties claiming them. TO this the gen.
eral rule Of the right to service forms an
exception. The act Of Congress approved
Aug. g. 1861, declares that If persons held
to service 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 recogniz.
ed by the military authority of the Union
to the services Of such persons when fugi.
tiyes.
A more difficult question is presented il
respect TO persons escaping from the ser
vice of loyal masters. 1t is quite appar
ent that the laws of the State under which
only the services Of such fugitiyes can be
claimed must needs be wholly or almos
wholly superseded, as to the remedies, BY
the resurrection and the military measures
necessitated by it; and it is equally appar
ent that the substitution Of military for ju
, dicial measures for the enforcement of sucl
claims must be attended by great incon
venience, embarrassments and injuries
Under these circumstances, it seems quite
clear that the substantial rights Of loya
masters are still best protected by receiy
ing such fugitives, as well as fugitiyes from
disloyal masters, into the service OF tn
United States and employing them undel
such organizations and IN such occupation
as circumstances may suggest or require
= OF course record should be kept showing
" the names and descriptions Of the fugitiyes
I, the names and characters, as loyal or dis
= loyal, of the masters, and such facts as ma
be necessary TO correct understanding 9
: the circumstances Of each case.
2 After tranquility shall have been restores
upon the return Of peace, Congress vii
: doubtless properly provide for all the PEI
: sons thus received into the service Of th
Union and for just compensation to 10y
!" al masters. In this way only it woul
= seem can the duty and safety Of the Gov
! ernmcnt and just rights of all be fully rec
: ciled and harmonized. You will therefor
. consider yourselfinstructed to govern you
future action in respect to fugiiives froI
&c service by the premises herein stated, an
y will report from time to time, and at leat
y in each month, your action in the premise
=. to this Department You will howeyel
- neither authorize nor permit any interior
:" ence by the troops under your comman
y with the servants of peaceable citizens
the house or field, nor will you in any MAJ
ncr encourage such citizens to leave ii
nc lawful service Of their master, nor will yo
v except in eases where the public good ma
y seem to require it, prevent the voluntar