New-York daily tribune., 1861-08-12

for the preservation of al Constitutional rg, OF
States and the citizens of the States 10 'ne onio'
Hence no question arise as 10 fngiuNee uoh a.
vice within the States and Territories ~ W. IT.
authority of the Union Is fully aGkno"IeoEeu ~
ordinary forms Of judicial proceedings niuo. e
re-pected by military and civil authorities ailhe r e
enforcement OF legal forms. But 10 tne nales Mho'y
or in part under insurreciionarF coo'roi' ~ ~"ne'g
the laws Of the United States are sU n1
and resisted that they cannot be enectuAiy enlooou'
IL Is obvions that the rights dependent upon the e1ecu
ton of those laws must temporarily 1aii-aho u Is
eoualy obyi ,us that be rights dependent on te laws
of the State within which military operations are G. u
dncted uust be necessarily subordinate TO the military
exigencies created by the insurrecon, If not wholly
forfeited by the reasonable conduct Of parties claim
ing them To this the general rule OF right to ser
yi,es forms an exception. Tie Act oi Congress- up
proved August G. 1861 declares that II persons held 10
service shal be eGToyed in hostility TO the United
States the right to their services shal be forfeited,
and such persons shall lie discharged therefrom l.
follows of necessity that claim can be recognized
by the military authority Of the Union for the ser
vices OF such persons, when fugiyes.
more difficult question l. Presented IN respect 70
persons escaping from the service OF loyal masters IL
is quite apparent that the laws of the State under
which only the service Of such fugitlves can be
claimed must needs be wholly, almost wholly, sns
Iended. As to the remedies by the insurrecti N aud
the military necessitared by II, II Is equally
apparent that the substitution OF military for Judicial
measures for tie enforcement OF such claims must Ds
10y great inconvenience,
injuries. Under these circumstances II seems quite
clear that the substantial rights of local mastes are
still best protected by receiving such iugl,
tives, as well rs fugiilyes IRON disloyd
masters, into the service of the United slale.,
and emf loving them nnder such organizations and snch
occupation circumstances may suggest or require vi
coUrse a record should be kept showing the name and
description the u-ives the and character as
loyal CIsoya Of the aster and such facts ar may
be necessary TO correct understanding OF circun-
stances OF each case after tranquility sha have teeD
restored. Upon tie return o. peace, Congress VIII
doubtless properly provide for all the persons thus re-
ceivod iuto the service OF the Union, aud for Just
compensation 10 loyal masters. In this way, only II
would SEEM can tie duty aud safety of the Govern
nent and tie just rights Of all be fully reconeiled ana
harmOlned
You will therefore consider yourself instructed 10
govern your future action In Te-pect 10 fug!ves from
service by tue Ireus herein stated, ana VIII report
from time to tine and ct least twice in each month,
your action in tue preu Les 10 tits Department iou
will, however neither authorize nor permit any
interfrren by the troops under your command WIN
the Ie iceful oiizens IN house or HELD
nor will you in any way encourage such sorvaht' !"
leave the lawful seryice Of their masters. Nor wli
you except in cases where the public good may - m
10 require IT, prevent the voluntary return OF any iug
tive TO the service from which he may havc ESCAPED
lam very reel specially, your ob-diept Servant.
SIMO y CAMERON Secretary OF Nur
To. Mai Gen BUTLER Commanding DtPstment Of Virginia,
Fortress Monroe.