Campfire and battlefield : $b an illustrated history of the campaigns and conflicts of the great Civil WarRidpath, John Clark
History
Campfire and battlefield : $b an illustrated history of the campaigns and conflicts of the great Civil War
Ridpath, John Clark
United States -- History -- Civil War, 1861-1865 -- Campaigns; United States -- History -- Civil War, 1861-1865 -- Pictorial works
The first refusal to return fugitive slaves was made as early as May
26, 1861, by Gen. B. F. Butler, commanding at Fort Monroe. Three
slaves, who had belonged to Colonel Mallory, commanding the
Confederate forces near Hampton, came within Butler's lines that day,
saying they had run away because they were about to be sent South.
Colonel Mallory sent by flag of truce to claim their rendition under
the Fugitive Slave Law, but was informed by General Butler, that, as
slaves could be made very useful to a belligerent in working on
fortifications and other labor, they were contraband of war, like lead
or powder or any other war material, and therefore could not and would
not be delivered up. He offered, however, to return these three if
Colonel Mallory would come to his headquarters and take an oath to
obey the laws of the United States. This declaration--at once a
witticism, a correct legal point, and sound common sense--was the
first practical blow that was struck at the institution; and it gave
us a new word, for from that time fugitive slaves were commonly spoken
of as "contrabands." They came into the National camps by thousands,
and commanding officers and correspondents frequently questioned the
more intelligent of them, in the hope of eliciting valuable
information as to the movements of the enemy; but so many apocryphal
stories were thus originated that at length "intelligent contraband"
became solely a term of derision.
The next step was the passage of a law by Congress (approved August 6,
1861), wherein it was enacted that property, including slaves,
actually employed in the service of the rebellion with the knowledge
and consent of the owner, should be confiscated, and might be seized
by the National forces wherever found. But it cautiously provided that
slaves thus confiscated were not to be manumitted at once, but to be
held subject to some future decision of the United States courts or
action of Congress.
Gen. John C. Frémont, the first Republican candidate for the
Presidency (1856), who has had a romantic life, and in whose
administration, instead of Lincoln's, the war would have occurred if
he had been elected, was in Europe in 1861, and did the Government a
timely service in the purchase of arms. Hastening home, he was made a
major-general, and given command in Missouri. On the 30th of August he
issued a proclamation placing the whole State under martial law,
confiscating the property of all citizens who should take up arms
against the United States, or assist its enemies by burning bridges,
cutting wires, etc., and adding, "their slaves, if any they have, are
hereby declared free men." The President called General Frémont's
attention to the fact that the clause relating to slaves was not in
conformity with the act of Congress, and requested him to modify it;
to which Frémont replied by asking for an open order to that
effect--in plain words, that the President should modify it himself,
which Mr. Lincoln did.
Public-domain text, read in full here on John Shaqi.
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