Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-08-14
Letter from secretary Cameron to General
Butler.
WLsHTNaToN, August DO, ID

nAttNNe
WASHINGTON, August 10, 1861.
GEHEaAL:-The important question of the
proper disposition to be made OF tugitves
rom service In iusurrsctiOR against the ted
eral government, to which you have again
directed my attention in your letter Of Jnly
20, has received my most attentive consider
atiJn. 1t is the desire of the President that
all existing rights in all the States be fully
respected aud maintained. The war now
prosecuted on the part Of the federal govern
ment is a war for the Union, for the preser-
vstion Of all constitutional rights Of States,
and the citizens Of the States Of the Union.
Hence no question can arise es to fugitiVes
from service within the States and Territories
in which the authority Of the Union is fully
acknowledged. The ordinary form OF judi
cial proceedings must be respected by militia
~ and civil authorities alike for the enforce
ment Of legal forms. But in the States
wholly or in part under insurrectionary con-
troll where the laws Of the United States are
so far opposed and resisted that they cannot
be efectually enforced, it is obvious that the
/ rights dependent upon the execution of those
laws must temporarily fall, and it is equally
obvious that the rights dependent on the laws
| Of the State within which military operations
are conducted must be necessarily suboFdi-
nate to the military exigencies created by the
sinsnrreetion, il not wholly forfeited by the
reasonable conduct OF parties claiming them.
To this the general rule of right to services
forms an exception. The act of Congress,
approved August c, 1861, declares that If
persons held TO service shall be employed in
hostility to The United States, the right to
their services shall be forfeited, and such per-
sons shall be discharged thereirom. It fol-
lows, of necessity, that no claim can he re-
cognized by the military authority of the
Union for the services of such persons, when
fugitives.
A more difficult question is presented in
respect to persons escaping from the service
OF loyal masters. II is quite apparent that
the laws of the State under which only the
service Of such fugitiSes can be claimed, must
needs be wholly, or almost wholly, suspend
ed. As to the remedies by the insurrectiou
and the military measures necessitated by it.
it is equally apparent that the substitution Of
military for judicial measures for the enforce
ment of such claims must be attended by
great inconvenience, embarrsssments and
inquiries. Under these circumstances il
seems quite clear that the substantial rights
of local masters are still best protected by re-
. ceiving such fugitives, as well as fugitives
from disloyal masters, into the service of the
United States, and employing them under
such organizations and such occupations al
Circumstances may suggest or require. o
course q record should be kept showing {
name and description of the iugitives; the
, name and the character, as loyal or disloyal
|, of the master, and such facts as may be ne
cessary to a correct understanding of the cir
> cumstances of each case, after tranquility
shall have been restored. Upon the return
: of peace Congress win, doubtless, properly
l provide for all the persons it has received
: into the service of the Union, and for jus
: compensation to loyal masters. In this wa!
only, it would seem, can the duty and tn
/ safety OF the government and the just right
:. of all be fully reconciled and barmonized.
. You viii, therefore, consider yourself in
!. structed to govern your future action in fc
spect 70 fugitives from service by the premi
ses herein stated, and will report from tim
4 to time, and at leest twice in each month
: your action in the premises to this depart
|, ment. You will, however, neither authoriz
4 nor permit any interference by the troop
! under your command with the servants q
peaceful citizens in house or field, lor vii
4 you in any way encourage such servants t
= leave the lawful service of their masters
! nor will you, except in cases where the pub
A lie good may seem to require il, prevent tn
voluntary return of any fugitives to the ser
: vice from which be may have escaped.
am, very respectfully, your obedient ser
want. SIMON CAMERON,
Secretary of War.
To Major General Butler, commanding De
}, partment of Virginia, Fortress Monroe.