Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-08-12
LATEST NEWS.
THE sECRETARY OF WAR REPLIES
TT0 a EN- KUTLEIk ON THE CONTRA
RAND QUESTION.
BY TELEGRAPH
TO THE WORCESTER DAILY SPY

70 GEN. mUTLEIs ON THE CONTRA
BAND QUESTION.
WAsn1xGrox, Aug 1.-THE following let
ter has Just been dispatched to Gen Butler
by the secretary of war =
"WAsuINGToN August, 1861.
GENERAL,-The important question of the
proper disposition to be made of fugitives
from service in the states in instruction
against the federal government, TO which you
have again directed NV attention in your letter
of July 10Th, has received my most attentive
consideration. 1t is HE desire OF the presi
ident that all the existing rights in all
the states be fully respected and MAIN
tanned. The war now prosecuted upon
the part Of the federal government is war
for the UnOn for the preservation OF all the
constitutional rights of the states and the cit
liens OF the states, in the Unun. Hence, no
question can arise as to tugitiyes from service
within the states and territories in which the
authority of the Union is fully acknowledged.
The ordinary forms of judicial proceedings
must be respected by military and civil au.
thoriies alike for the enforcement OF legal
rights. But in the states wholly or in part
under insurrectionary control, where the laws
of the United States are so far op-
posed and resisted that they can not be
efiectually enforced, it is obvious that rights
dependent upon the execution Of those laws
must temporarily fail, and it is equally obvious
that the rights dependent on the laws of the
state within which military operations are
conducted must be necessarily subordinate to
the military exigenccs created by the insur
rection, if not wholly forfeited by reasonable
conduct of parties claiming them.
To this general rule the right to service
forms no exception. The act OF congress, APP
proved August 6, 1861, declares that il persons
all Ia, i,,k
to the United States the right to their services
shall be discharged thereirom. 1t follows of
necessity that no claim to the services OF such
persons, when tugitives, can be recognized by
the military authorities of the Union.
A more difficult question is presented in re
respect to persons escaping from the ser.
vice of loyal masters. 1t is quite APP
parent that the laws of the state under
which only the services Of such tugitives
can be claimed must needs be wholly
or almost wholly suspended as TO remedies by
the insurrection and the military measures ne
cessitated by it, aud it is equally apparent that
the substitution of military for judicial mca
sures for the enforcement of such claims must
be attended by great inconyeniences, embar-
easements, and I'M Justices. Under these cir
cum stances it seems quite clear that Substan-
tlal rights OF local masters are still best pro.
tected by receiving such fugitives, as well as
fugitives from disloyal masters, into the service
of the United States, and employing them under
such organizations and in such occupations as
circumstances may suggest or require.
Oh course record should be kept showing
the name and description of each fugitive, the
name and character, as loyal or dslOyal of the
master, and such facts as may be necessary, to
correct understanding OF the circumstances
ofeach case. After tranquility shall have been
restored, and upon the return of peace, coli
gress will doubtless properly provide for all
the persons thus received into the service OF
the Union, and for lust compensation to the
loyal masters. In this way only, it would
seem, can the duty and safety of the govern
ment, and the just rights of all be fully recon-
ciled aud harmonized.
You will therefore consider yourself in.
structed to govern your future action in re-
spect to lugitives from service by the premises
herein stated, and will report TO this depart,
ment, from time to time, and at least twice in
each month, your act in the premises. You
will, however, neither authorize nor permit
any interference by troops under your COM
mand with the servants of peaceful citizens in
a house or field, nor will you in an, way ell
courage such servants to leave the lawful SER
vice Of their masters nor will you, except in
cases where the public good may seem to re.
quire it, prevent the voluntary return of any
fugitive to the service from which he may have
escaped.
am, very respectfully your obi. servant,
SIMON CAMERON, Secretary of War.
To MAJOR GEN BUTLER.