New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-08-20
Letter from the Federal Secretary of War
NH .-.r- to Gen. Butler.
How rHE 'eosrasBasrsn ARE 10 BE DISPOSED Of

TIRE 'coSrRABaSSs' y ARE 10 BE DISPOSED OF
On the I1th inst, Secretary Cameron dispatched
the follow ing instructions to Gen. Butler, in reply
to the famous letter of the latter:
WisHfs5roy Aug 1861.
Generd1-The important question of the proper
disposition to be made of fugtives from service in
the States in lsurrection against the Federal Gov
ernment, to which you have again directed my a.
tent5on in your letter of July co. has received my
most attentive consideration It is the desire Of
the President that all existing rights in all the
States be fully respected and maintained: The
war now prosecutet. on the part OF the Federal
Government is war for the Union, for the preser-
vation of all constitutional rights of Sates and the
citizens OF the States in the. Union. Hence no
| question can arise as to fugitives from service
within the States and Territories in which the au
| thority Of the Union is fully acknowledged. The
| ordinary form of Judicial proceedings must be
respected by military and civil authorities alike for
| the enforcement oflegal forms. But in the States
wholly or in part under insurrectionary control,
where the laws of the United States are SO far o9-
posed and resisted that they cannot be etfectualy
enforced, it is obvious that the rights dependent
upon the execution of those laws must temporarily
| fail and it is equally obvious that the rights de-
pendent on the laws of the State within which mi
tary operations are conducted must be necessarily
subordinate to the military exigencies created by
the iusurreeton if not wholly forfeited by the trea-
sonable conduct of parties claiming them. To this
the general rule of right to services forms an ex-
| ception. The act of congress, approved August.6-
1861 declares that if persons held service shall
be employed in hostility to the United States, the
right to their services shall be forfeited and such
persons shall be discharged therefrom. It follows,
of necessity, that no claim can be recognized by
the military authority OF the Union for the services
Of such persons, when fngitives. .
more difficult question is presented in respect
to persons escaping from the service Of loyal
masters It is quite apparent that the laws OF the
State under which only the service OF such fugtVes
can be claimed, must needs be wholly, or almost
wholly, suspended. As to the remedies by the in
. surrection and the military measures necessitated
byit, tits equally apparent that the substitution
military for judicial measures for the enforcement
| of such claims must be attended BY great neon
I Yeniences, embarrassments and inquiries. Under
these circumstances it seems quite clear that the
i substantial rights of loyal masters are still best
:, protected by receiving such fugtiyes, as well as
ugitives from dsloyal masters into the service OF
4 the United States, and employing them under such
a organizations and such occupations as circum-
e stances may suggest or require W course a
d record should be kept, showing name "a. ana ,a oe
"a scription of the fugitves the name and the char
l. ac.er as loyal or disloya Of the master, and sucI
If facts may be necessary to correct
a ing Of the circumstances Of each case after tran
- quality shall have been restored. Upon the return
of peace Congress WILL doubtless properly provide
for all the persons it has received into the service
m OF the Union and for just compensate to loya
80 masters. In this way only, it would seem can th
o duty and safety of the government and the jus
~ rights of all be fully reconciled and harmonlzed
M You will therefore, consider yourself instructed
m to govern your future action IN fespectto tagitVe
no from service by the premises herein stated, ant
II will report from time to time and at least tW!c
in each month your action in the premises to thi
bv department You will, however, neither anthorlz
n3g nor permit any interference by the troops unde
s ,rs your command with the servants of peaceful cit
q. zens in house or field, nor will you IN any wa
encourage such servants to leave the lawful SCI
ad vice of their masters; nor will you except 4
ed cases where the public COED may seem 70 regnir
it, prevent the voluntary return OF any fugltV
to the service from which he may have escaped.
very respectfully 5E yei SA8ER Secretary
Major General Butler commanding Department Of Virgin
| Monroe.