The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1861-08-17
WHOLE NO. o25.


from their homes, and the homes of their
masters, who had deserted them. and be-
eeme fugitises from fear of the return of
the rebel soldiery, who bad threatened to
shoot the mon who had wrought for 10, and
TO carry Cd the women, who bad served Us
to worse than Egyptian bondage. lhavs
therefore nov within the Peninsula. this
side Of Hampton Creek, 9O0nesroea, 800 Of
whom are able bodied men, 80 Of whom ara
men substantially past hard labor. rs
women, :2.a.o children under the are az 10
years, and lao between 10 and rs vears and
many more coming in. The questions which
this state Of facts present are very embar-
rassing.
"fus.- What shall be done with them
and Sscond, What is their state and condi.
tion ~
Upon these questions I desire tho ia.
struc,ions of the Department.
"The first question, however, NAV rcr-
haps be answered by considering the last,
Are these men, women and children slave.a
Are they free. Is their condition that Of
men, women, and children, or Of property,
or Is u a mixed relations What their sta
fus was under the Constitution aud laws.
We all know. What has been the effect Of
rebellion aud a state Of war unon that
ssdtIsf When ] adopted the theory OF
treating the able-boded negro &, to work
IN the trenches, as property liable 10 DO
used 10 aid OF rebellion, and SO eontrabaua
u war, that condition Of ,hinys was in so
Tar met as then and still believe, on a le-
gal and constitutional basis. But now a
aew series OF questions arise. Passing hy
women, the children certainly cannot be
treated on that basis; il properly, they
must be considered the incumbrancs. rather
than the auxiliary Of an army ,and, Of course,
IN no possible legal relation, could be treat
ed AS contraband. Are they propertyp le
they were so, they have been left by their
masters and owners, deserted, thrown away,
abandoned, like the wrecked vessel on the
ocean. Their former possessers and own.
ers, have causlsssly, traitarauslv, rebel.
ioasls, and to carry out The figure. praesi.
caliy abandoned them to be swallowed up
by the Winter storm Of starvation. lfprop-
erty, do they not become the properly af
the salvors2 but We. their salvors. do not
need and will not hald such property and
WIZ assume no such ownership; has not
therefore all property relation ceasedp
have they not become ,hereupon men, wo.
men, and children = No longer under osn.
ership Of any kind, the fearful relics Of fu.
sitsse masters, have they not by their mas
ters' acts, aud the state Of war, assumed tho
condition, which We hali to be the normal
one, OF those made in Code image. Is not
every constitutional, legal, and moral re-
qmrement, as well to the runaway master
rs their rciinquished slaves, thus answered?
! confess that my own mind is compelled by
this reasoning to LOOK upon them as men
aud women. Ii not free born, yet free,
mannm'tted, sent forth from the hand that
held them never TO be reclaimed.
"Of course IL this reasoning thus imrer-
fectly set forth is correct, my duty as a bu-
name man Is very plain. should take tho
same care OF these men, women, and chill
dren, houseless. homeless and unproyded
Tor, as would OF the same number OF men,
women, and children, who for their attach
,nent to the Union had been driven or al.
lowed To flee from the Conf ederate States.
J should have no doubt on this question. had
! not seen II stated. TINT an order had been
issued by General McDsweil in his depart.
ment, substantially forbidding all fugitive
slaves from coming within his lines, or be.
ing harbored there. Is that order /, be en-.
forced in all Military Departments N 80,
who are to be considered fugitive slavesY
IL slave to be considered fugitive. whose
master runs away and leaves himS 10 il
forbidden to the troops to aid or harbor
WITHIN their lines the negro children who
are found therein. or is the soldier, when
his march has DESTROYED their m means of cub.
s'stencc, to allow them to starve because he
has driven of the rebel master2 Now shali
the commander Of regiment or battalion sis
IN Judgment upon the question, whether any
gwen black man has fed FROM hi. master,
or his master aed from him2 Indeed. how
are the free born to be dis,inguishedp Il
one any more or less a fugitive slave be-
cause he has labored upon the rebel in
renchments II he has 30 labored, IL I
understand it. he is TO be hsrb>fed. BY
the reception Of which. are ~ rebels must
to be distressed. by taking those who have
wrought all their rebel masters desired,
masked their battery, or those who hnve
refused to labor and left the battery un-
masked.
II have very decided opinion. uron the
subject of this order. Il does not become
me to cricicise it, and write in no spirit
of criticism. but simply TO explain the full
difficulties tina, sufronnd the enforcing of
il. II the enforcement of that order be.
comes the policy Of the Government, !, as
a soldier, shall be bound to eufprce it
II not cheerfuIly. But il left
to my own discretion, ns Won may hnvs
gathered from my reasoning. ! should take
u widely different course from that which
it indicates. .....
ain a l>ral State would put down SER
vile ip>crrection. In a state Of rebellion /
would conR.caie thar which vas used to op.
pose my arms, and take all that property,
which constituted the wealth of tha. State
and furnished the means by which the wnr
il prosecuted. beside being the csuse Of the
var; and il in so doing, IL should be objrc.
ted that human brings we're brought 10 tho
free enjoyment Of life, liberty spd the Inr-
suit of happiness, such objection might not
require much consideration.
"Pardon mo for addressing the Score
'ary Of War directly npon this question, ~
il involves come political considerations ~
we'll ~ propriety Of military action.
81 Am, Sir. voue nhedjent servant.
''BENJAMlSF. BUTLEIl's