Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-15
Decision of the Government.

OSClSlOu Ol tuc OOVcIuuCllt.
Instructions to Gen. Butler regarding +" Con-
trabands."
NAsHINaroN, Aug. 1.-THE following let
ter has just been despatched to Gen. Butler
by the Secretary of War =
WASHINGTON, Aug 8, 1861.
GENERAL The important question of the
proper disposition to be made of fugitives
from service in States in insurrection against
the Federal Government, to which you have
again directed my attention in your letter of
July 30th, has received my most attentive
consideration.
1t is the desire of the President that all
existing rights in all the States be fully re-
spacted and maintained. The war now pros
ecuted on the palt OF the Federal Govern
ment is war for the Union, and for the
preservation of all the constitutional rights
of States 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 authority of the
Union is fully acknowledged.
The ordinary forms Of judicial proceedings,
which must be respected by military and
civil authorities alike, will suffice for the en-
forcement of legal claims. But in States
wholly or partially under insurrectienary
control, where the laws of the United States
are so far opposed ard resisted that they
cannot be effectually enforced, it is obvious
that the rights dependent on the execution of
those laws must temporarily fail, and
it it equally obvious that the right dependent
on the lsws of the States within which mill
tary operations are conducted, must be nec-
ossarily subordinate to the military exigen-
cies created by the insurrection. If not who'll
ly forfeited by the reasonable conduct Of the
parties owning them.
To this general rule, the rights to services
can form no exception. The act of Congress
approved August 9th, 1861, declares that il
persons held to.seryice shall be employed IN
hostility to the United States, the rights 10
their services shall be- forfeited, and such
persons shall be discharged tnerefrom. Ii
follows of necessity that no claim can be rec
ogn:zsd by the military authorities 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 legal masters. 1t is quite apparent that
the laws of the State under which only the
services Of such fugtives can be claimed,
must needs be wholly, or almost wholly, sus.
pended, as to remedies by the insurrection
and the military measures neeessitated by 1t,
and it is equally apparent that the substitu-
tion of military for judicial measures, for the
enforcement Of such claims, must be atten-
ded by great inconvenienees, ombarrassments
and injuries.
Under these circumstances, it seemg quite
clear that the substantial rights of loyal mas
ters will be best protected by receiving such
fugitives, as well as fugitives from dsloya
masters, into the ser vice of the United States,
aud employing them under such organiza-
tions and in such occupations as circumstan-
ces may suggest or require. Of course a
record should ba kept, showing the name
and description of the tugtives, the name
and the character as loyal or disloyal) of the
master, and such facts as may be necessary
to correct understanding of the circumstan-
ces of the case. After tranquility shall have
been restoTd upon the return of peace, Con-
gress will doubtless properly provide for all
the persons thus received into the service Of
tho Union, and for just compensation to the
loyal masters. In this way only, it
would seem, can the duty and safety of the
Government, and the just rights of all, be
fully reconciled and harmonized.
You will, therefore, consider yourself in
ssructed TO govern your future acllon, IN RS
spect to fugitives from service, by the prins
oiples herein stated, and will report from
time to time. and at least twice in each
month, your action in the premises to this
department.
You will however, neither authorize nor
permit any interference By the troops under
your command With the servants of peaceful
citizens in the house or field nor will you,
in any way encourage such servants to leave
the lawful service of their masters D3r will
you except in cases where the public safety
may seem to require it, prevent the volunta-
~ return of any fugitive to the service from
which he may have escaped.
am, General, very respectfully,
Your obedieDt servant,
(signedl SIMON CAMERON,
Secretary of War.
To Major General B. F. BUTLER, Command