The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1861-08-16


which. by the same order from the Lieutenant
General, was directed to furnish transporta-
ton. Up TO and az the time OF the Or,ler had
been preparing for an advance moyenent by
which hoped to cripple the resources OF the
enemy ut yorktown, aud especially by seiiing
large quantity OF negroes Who were being
! pressed into their service in building the M
treDchments there. had i've days previously
\ been enabled to mount, for the hrst time, tie
first company Of light artillery which had
been empowered a. raise, and they had but a
single rihed cannon. an iron slx-pOunder. OF
course every thing must and dill Yield to the
supposed exigency and the orders. This order
Ing away the troops from this department, NJ bile
Il weakened the post ut Newport News, neces-
sitatel the withdrawal Of the troops from Hamp-
ton, where was then throwing up entreneh,d
works TO enable me to hold the town with a
small fJrce whlls advanced up the james or
York river. In the village OF Hampton there
i were large number OF negroes, composed ia
great measure Of women and children OF the
men who had fed thitl,er within my lines for
protection. who had escaped from marauding
parties of rebels who hat been gathering mp
able boiled blacks to aid them in constructing
their batteries ON the James and York rivers.
had employed the men in Hampton in throw
ing UP intrenchments, and they were working
zealously and efficiently al that duty, saving
our soldiers from that labor under the CLEAN Of
the midday sun. The women were earning
substantially their own subsistence in washing,
marketing, and taking care of the clothes OF
the soldiers, and ratiUns were being served out
TO the men who worked for the support of the
children. But By the evacuation of Hampton,
rendered necessary By the Withdrawal OF troops.
leaving me scarcely 5000 men outside the fort,
including the force at Newport News, all these
black people were obliged TO break up their
homes at Hampton, fleeing across the creek
within my lines for protection and support
Indeed il was most distressing sight to see
Il these poor creatures, who had trusted 10 the
protection OF the arms Of the United States, and
who aided the troops Of the United States in
their enterprise, 10 be thus obliged to flee from
their homes, and the homes OF their masters,
who had deserted them, and become iugitiyes
from fear of the return Of the rebel sOldiery,
who had threaten 4 to shoot the men who had
wrought for US, and TO carry OF the women
i who had served US 10 worse than Egyptian bon
dage. have therefore now within the PENN
sula, this side Of Hampton Greek, 900 negroes,
800 of whom are able bodied men, 80 Oi whom
are men substantially past hard labor, 10 NO.
men, 225 children under the age OF 10 years,
and 10 between 10 and IL years, and many
more coming in. The questions which this
state Of facts present are very embarrassing.
First, What shall be done with theml and
SscoHd. What Is their state and condition!
Upon these questions desire the instructions
Of the Department.
The drst question. however. may perhaps be
answered by considering the last. Are these
men. women and children slaves, Are they
freel Is their condition that Of men, women,
and children, or Of property, or is IL mixed
| relatiOnl What their status was under the
Constitution and laws, We all know. What has
been the effect Of rehel,ior aud a state of war
upon that siatHsl When adopted the theory
Of treating the able bodied negro tit to work in
the trenches, rs property liable to be used in
/ all Of rebellion, and SD cOntraband Ut war,
that condition Ut things was in 80 Tar met. as
then and still believe, ON legal and constitu-
tiOnal basis. But now a new series Of ques-
tons arise. Passing by women, the children
certainly cannot be treated on that basis; IL
property, they must be considered the incum- |
brance. rather than the auxiliary of an army, |
and, Of course. in no possible legal relation,
could be treated as cOntraband. Are they prop
ertyl III they were so, they have been lett by |
their masters and owners, deserted, thrown
away, abandoned, like the wrecked vessel upon
the ocean. Their former pOSsessOrs and own
ers have causeleSsly, traitOrOusly. rebellOnsly,
aud, To carry cut the figure, practically aban-
dOned them TO be swallowed up by the winter
storm Of starvation. III property, 10 they not
become the property Of the salyOrsg but we,
their salyOrs, do not need and will not hold
such property and will assume no such owner
ship; has not therefore all proprietary relation
ship ceasedl Have they not become thereupOn
men, women, and children - No longer under
ownership Of any kind, the fearful relies of
fugitive masters, have they not by their mas
ters' acts, and the state ~ war, assumed the
condition, which We hold 10 be the normal one,
of these made in Coils image! l. not every
constitutional, legal, and moral requirement.,
as well TO the runaway masters rs To their re-
Hnquished slaves, thus answered. confess
that my own mind Is compelled by this reason
Ing tn look upon them as men and women lfI
not tree born, yet free, nlanumitted, sent forth |
from the hand that held them never to be re-
claimed.
OF course fthis reasoning thus imperiectly |
Sc; forth is correct, my duty as a humane man
is very plain. should take the same care Of
these men woman and children, hOuseeSs home
less aud unprOyided for "a | would of the same |
number OF men. women ana children, who for
their attachment 60 the Union hal been driven |
or allowed 10 dee from the Confederate States.
should have no doubt ON this question, had |
not seen il stated that an order hal been issued
by Gen. Mcdowell in his department, substan-
TALLY fOrbldding all fugitive slaves from COM
ing within his lines or being harbOred there
Is that or Ter to be enforced in all Military De
partments! II So, who are to he considered
fugitive slaves! l. a slave 10 be considered iu-
gitiye, whose master runs away and leaves him
Is il forbidden to the troops To ad or haTbOr
within their lines the negro children who are
found therein, or is the soldier, when his march |
has destroyed their means Of substance, TO al |
low them 10 starye because he has driven oil the /
rebel masterl Now shall the commander Of
regiment or battalion sit in judgment upon the
question. whether any given black man has lied
from his master, or his master lied from him p
Indeed, how are the free born To be distinguish
ell Is one any more or less a fugitive slave
L Ii. a a s.N,-.
mentsl II he has 80 labOred, il | understand
It, he is to be harbOred. BY the reception Of
which are the rebels most To be distressed, by
taking those who have wrought all their rebel
masters desired, masked their battery, or those
who have refused to labor and left the battery
unmaske,l.
have very decided opinions upon the sub
iect OF this order. IL does not become me to
eritic,se IL, and write in no spirit of criticism,
but simply to explain the full difficulties that
surround the enforcing IT, IL the enfOrcment
Of that order becomes the policy Of the Govern
ment, |, as q soldier, shall be bound To enforce
IL steadflstly II not eheerfully. But II left 10
my own discretion, as you may have gather. |
ed from my reasoning, should take widely |
different course from that which it indicates.
In q loyal State would put down seryile |
Instruction. In state OF rebellion | would
cOnhscate that which was used 10 oppose my |
arms. and take all that property which consti. |
tuted the wealth Of that State and furnished |
the means by which the war was prosecuted, |
beside being the cause Of the war; and IL, in |
81 doing, IL should be objected that human be- |
iugs were brought to the free enjoyment Of life,
liberty and the pursuit Of happiness, such ob |
lection might not require much consideration. |
Pardon me for addressing the Secretary Of
War directly upon this question, as II involves |
some political considerations as we'll as propri- |
ETY. OF military action. am, sir, your Obedi. |
ent servant, BESJANIN +. BUILER.
LITTER TO GIN. BUTLER.
WASHINGTON, Aug. IL.