The Portland daily press., 1873-08-23
Borrowed Reputation.

Now "a MASSACHUSETTS soldier OF two wars
claims in the Boston Transcript that he is the
author of the military legal principle that the
slaves who sought federal protection during
the war were "contraband of war;" The
writer claims that he was commanding COM
pany at Fortress Monroe when General
Butler was commandant of the fort. Large
numbers Of slaves came to the Federal
lines, and among them a slave of Virginia
secessionist who demanded his return. He,
with many others was told by Gen. Butler,
that he could have his man and his family if
he would take the oath of allegiance to the
United States. This man was in the employ
of the writer, AMI in his conversation told the
captain that he had been empioyed in the
construction of rebel Notifications. On learn
ing this, the officer, who was lawyer, told
the coveted bondman that neither Gen. But
ler or the President could send him back to
slavery, because having been set at work as a
chattel on the Notifications of the enemy he
had been made "contraband of war;" pre-
cisely as an OK or horse used for the same pur-
pose would be. This decision came to Gen.
Butler in some way, and the officer was soon
summoned to headquarters where the scene is
described as follows:
He General Butler) was sitting at the large
table in the audience room facing the entrance
and ell his staff with officers of the fourth
q. s. ARTILLERY, ranged in a semi-crcle in front
of him. Things wore a serious aspect. 1t look
ed like a council of war. All was still as DEATH
Went directly to the General made my salute.
and said:
81 am Capt. 7, I am ordered to report
at headquarters, and report accordingly"
The General sat with his arms crossed on his
chest, mead up and countenance full of gen.
uine fury. Then, in loud and aggravated voice
he said
~ understand, Captain T, that you
have been telling the negroes here that they
can't be sent back to their masters. Noac, sir,
want to know by what authority you have told
them sop
Looking the General straight in the eye that
was on duty at the time, said:
by what authority, Gen. Butler? By the
authority of common sense"
AT this the General broke out, with the roar
like lion: ''What do you mean by that, sir?''
. The captain then explains as concisely as
possible the grounds of his judgment, and con-
tinues his narrative as follows:
At the first mention of the phrase controbaed
ofaoar, Gen: Buffers whole demeanor changed,
his arms fell upon the table before him, and his
see his face, and SO directed the most of nv ar
gument at the top of his head. Utter stiffness
pervaded the room. AS ceased speaking, 1
glanced at the clock and saw it was just eleven
waited five minutes-General Butler neither
moved nor spoke; ten mnutes-he kept the
same attitude; fifteen minutes-not word or
motion. The staff sat as silent and motonless
as statues. At last spoke:-
General Butler, have yoI any further orders
for me?'
''Oh, no, sir, no, sr. No captain; you can go
if you wish, this In voice as mild and gentle
as that of sucking dove.
went
The next day Gen. Butler issued proclama-
ton declaring the negroes contraband of war,
and confiscated to the United States-which was
Sad law inasmuch as many of the negroes had
never been engaged in overt acts of war against
the United States, or put to work on the fortif-
cations; apd some of them, quite number be-
longed to Unieu men(faithful 10 the end) But
1T was not time TO stand on trihes.