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Atlantic Monthly
The Contrabands at Fortress Monroe
Vol. VIII, November 1861, pp. 626-640

Abe LincolnThe three pioneer negroes were not long to be isolated from their race. There was no known channel of communication between them and their old comrades, and yet those comrades knew, or believed with the certainty of knowledge, how they had been received. If inquired of whether more were coming, their reply was, that, if they were not sent back, others would understand that they were among friends, and more would come the next day. Such is the mysterious spiritual telegraph which runs through the slave population. Proclaim an edict of emancipation in the hearing of a single slave on the Potomac, and in a few days it will be known by his brethren on the Gulf. So, on the night of the Big Bethel affair, a squad of negroes, meeting our soldiers, inquired anxiously the way to the freedom fort.

The means of communicating with the fort from the open country became more easy, when, on the 24th of May, (the same day on which the first movement was made from Washington into Virginia,) the Second New York Regiment made its encampment on the Segar farm, lying near the bridge which connected the fort with the main-land, an encampment soon enlarged by the First Vermont and other New York regiments. On Sunday morning, May 26th, eight negroes stood before the quarters of General Butler, waiting for an audience at Fortress Monroe. 

They were examined in part by the Hon: Mr. Ashley, M. C. from Ohio, then a visitor at the fort. On May 27th, forty-seven negroes of both sexes and all ages, from three months to eighty- five years, among whom were half a dozen entire families, came in one squad. Another lot of a dozen good field-hands arrived the same day; and then they continued to come by twenties, thirties, and forties They were assigned buildings outside of the fort or tents within. They were set to work as servants to officers, or to store provisions landed from vessels, thus relieving us of the fatigue duty which we had previously done, except that of dragging and mounting columbiads on the ramparts of the fort, a service which some very warm days have impressed on my memory.  

 

Abe LincolnOn the 27th of May, the Fourth Massachusetts Regiment, the First Vermont, and some New York regiments made an advance movement and occupied Newport News, (a promontory named for Captain Christopher Newport, the early explorer,) so as more effectually to enforce the blockade of James River. There, too, negroes came in, who were employed as servants to the officers. One of them, when we left the fort, more fortunate than his comrades, and aided by a benevolent captain, eluded the vigilance of the Provost Marshal, and is now the curiosity of a village in the neighborhood of Boston.

 

It was now time to call upon the Government for a policy in dealing with slave society thus disrupted and disorganized. Elsewhere, even under- the shadow of the Capitol, the action of military officers had been irregular, and in some cases in palpable violation of personal rights. An order of General McDowell excluded all slaves from the lines. Sometimes officers assumed to decide the question whether a negro was a slave, and deliver him to a claimant, when, certainly in the absence of martial law, they had no authority in the premises, under the Act of Congress, that power being confided to commissioners and marshals. As well might a member Congress or a State sheriff usurp the function. Worse yet, in defiance of the Common Law, they made color a presumptive proof of bondage. In one case a free negro was delivered to a claimant under this process, more summary than any which the Fugitive-Slave Act provides.

The colonel of a Massachusetts regiment showed some practical humor in dealing with a pertinacious claimant who asserted title to a negro found within his lines, and had brought a policeman along with him to aid in enforcing it. The shrewd colonel, (a Democrat he is,) retaining the policeman, put both the claimant and claimed outside of the lines together to try their fleetness. The negro proved to be the better gymnast and was heard of no more. This capricious treatment of the subject was fraught with serious difficulties as well as personal injuries, and it needed to be displaced by an authorized system.

On the 27th of May, General Butler, having in a previous communication reported his interview with Major Cary, called the attention of the War Department to the subject in a formal dispatch, indicating the hostile purposes for which the negroes had been or might be successfully used, stating the course he bad pursued in employing them and recording expenses and services, and suggesting pertinent military, political, and humane considerations.

The Secretary of War, under date of the 30th of May, replied, cautiously approving the course of General Butler, and intimating distinctions between interfering with the relations of persons held to service and refusing to surrender them to their alleged- masters, which it is not easy to reconcile with well-defined views of the new exigency, or at least with a desire to express them. The note was characterized by diplomatic reserve which it will probably be found difficult long to maintain.

The ever-recurring question continued to press for solution. On the 6th of -July the Act of Congress was approved, declaring that any person- claiming the labor of another to be due to him, and permitting- such party to be employed in any military or naval service whatsoever against the Government of the United States, shall forfeit his claim to such labor, and proof of such employment shall thereafter be a full answer to the claim. This act was designed for the direction of the civil- magistrate, and not for the limitation of powers derived from military law.

That law, founded on salus reopublicae, transcends all codes, and lies outside of forms and statutes. John Quincy Adams, almost prophesying as he expounded, declared, in 1842, that under it slavery might be abolished. Under it, therefore, Major-General Fremont, in a recent proclamation, declared the slaves of all persons within his department, who were in arms against the Government, to be freemen, and under it has given title-deeds of manumission. Subsequently President Lincoln limited the proclamation to such slaves as are included in the Act of Congress, namely, the slaves of Rebels used in directly hostile service. The country had called for Jacksonian courage, and its first exhibition was promptly suppressed. If the revocation was made in deference to protests from Kentucky, it seems, that, while the loyal citizens of Missouri appeared to approve the decisive measure, they were overruled by the more potential voice of other communities who professed to understand their affairs better than they did themselves.

But if, as is admitted, the commanding officer, in the plenitude, of military power, was authorized to make the order within his department, all human beings included in the proclamation thereby acquired a vested -title to their freedom, of which neither Congress nor President could dispossess them.- No conclusive behests of law necessitating the limitation, it cannot rest on any safe reasons of military policy. The one slave who carries his master's knapsack on a march contributes far less to the efficiency of the Rebel army than the one hundred slaves who hoe corn on his plantation with which to replenish its commissariat. We have not yet emerged from the fine-drawn distinctions of peaceful times. We may imprison or slaughter a Rebel, but we may not unloose his hold on a person he has claimed as a slave. We may seize all his other property without question, lands, houses, cattle, jewels; but his asserted property in man is more sacred than the gold which overlay the Ark of the Covenant, and we may not profane it.

                                                                          

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