Confederate Slaves in Union Hands: Legal Status
When Virginia seceded from the United States in 1861, the US Army retained control of Fort Monroe at the eastern tip of the Virginia Peninsula. During much of the American Civil War, the commander at Fort Monroe was Brigadier General Benjamin Butler, a lawyer by profession and an opponent of slavery. When slaves began escaping to Union lines at the fort, General Butler took the position that, since the Confederate states considered slaves to be chattel ("property"), and that certain individuals were property obtained by the Union through war, his refusal to return escaped slaves to masters supporting the Confederacy amounted to classifying them as "Contraband of war".
The term "contraband" in referring escaped slaves first enters the Official Records in U.S. Navy correspondence on August 10, 1861 when Acting Master William Budd of the gunboat USS Resolute uses the term (Official records of the Union and Confederate Navies in the War of the Rebellion, Series I - Volume 4: page 604).
Three slaves, Frank Baker, James Townsend and Sheppard Mallory had been contracted by their owners to the Confederate Army under General Benjamin Huger to help construct defense batteries at Sewell's Point across the mouth of Hampton Roads from Union-held Fort Monroe. They escaped at night and rowed a skiff to Old Point Comfort, where they sought asylum at Fort Monroe.
Prior to the War, slave owners could legally request their return (as property) under the federal Fugitive Slave Act of 1850. But, Virginia had seceded. General Butler, who was educated as an attorney, took the position that, if Virginia considered itself a foreign power to the U.S., he was under no obligation to return the three men. He determined to hold them as "contraband of war." When Confederate Major John B. Cary requested their return, Butler denied it. The three men worked for the Union Army but were given minimal pay.
The US Confiscation Act of 1861 clarified the issue of slaves' status during the war; it declared that Union forces could seize any property used by the Confederate military, including slaves. Many, including slaves, saw this as a means of unofficially freeing the slaves from Southerners' control, and they began to go to Union lines.
Read more about this topic: Grand Contraband Camp
Famous quotes containing the words confederate, slaves, union, legal and/or status:
“Well, you Yankees and your holy principle about savin’ the Union. You’re plunderin’ pirates that’s what. Well, you think there’s no Confederate army where you’re goin’. You think our boys are asleep down here. Well, they’ll catch up to you and they’ll cut you to pieces you, you nameless, fatherless scum. I wish I could be there to see it.”
—John Lee Mahin (1902–1984)
“Today the young actors regard their environment with rage and disgust. They regard their Master not as disciples regard their Master, but as slaves regard their Master.”
—Judith Malina (b. 1926)
“These semi-traitors [Union generals who were not hostile to slavery] must be watched.—Let us be careful who become army leaders in the reorganized army at the end of this Rebellion. The man who thinks that the perpetuity of slavery is essential to the existence of the Union, is unfit to be trusted. The deadliest enemy the Union has is slavery—in fact, its only enemy.”
—Rutherford Birchard Hayes (1822–1893)
“Lawyers are necessary in a community. Some of you ... take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the lawyer that make popular government under a written constitution and written statutes possible.”
—William Howard Taft (1857–1930)
“The influx of women into paid work and her increased power raise a woman’s aspirations and hopes for equal treatment at home. Her lower wage and status at work and the threat of divorce reduce what she presses for and actually expects.”
—Arlie Hochschild (20th century)