The Atlantic Monthly, Volume 08, No. 49, November, 1861

How unlike in all respects are the relations of these States to each other and to the Union! Drawn together after dark days and severe trials,—solemnly pledged to each other by the people whom the Union raised to a full citizenship in the Republic,—bound by a compact designed to be without limitation of time,—lifted by their consolidation to a place and fame and prosperity which they would never else have reached,—mutually necessary to each other's thrift and protection,—making a nation adapted by its organic constitution to the region of the earth which it occupies,—and now, by previous memories and traditions, by millions of social and domestic alliances, knit by heart-strings the sundering of which will be followed by a flow of the life-blood till all is spent,—these terms are but a feeble setting forth of the relations of these States to each other and to the Union. Some of these States which have been voted out of the Union by lawless Conventions owe their creation to the Union. Their very soil has been paid for out of the public treasury. Indeed, the Union is still in debt under obligations incurred by their purchase.

How striking, too, is the contrast between the character and method of the proceedings which originated and now sustain the Rebellion, and those which initiated and carried through the Revolution! The Rebellion exhibits to us a complete inversion of the course of measures which inaugurated the Revolution. "Secession" was the invention of ambitious leaders, who overrode the forms of law, and have not dared to submit their votes and their doings to primary meetings of the people whom they have driven with a despotic tyranny. In the Revolution the people themselves were the prime movers. Each little country town and municipality of the original Colonies, that has a hundred years of history to be written, will point us boastfully to entries in its records showing how it instructed its representatives first to remonstrate against tyranny, and then to resist it by successive measures, each of which, with its limitations and its increasing boldness, was dictated by the same people. The people of Virginia, remembering the ancient precedent which won them their renown, intended to follow it in an early stage of our present strife. They allowed a Convention to assemble, under the express and rigid condition, that, if it should see fit to advise any measure which would affect the relations of their State to the Union, a reference should be made of it, prior to any action, to the will of the people. The Convention covertly and treacherously abused its trust. In secret session it authorized measures on the strength of which the Governor of the State proceeded to put it into hostile relations with the Union. When the foregone conclusion was at last farcically submitted to the people, a perjured Senator of the National Congress notified such of them as would not ratify the will of the Convention, that they must leave the State.

Once more, in our Revolution, holders of office and of lucrative trusts in the interest of England were to a man loyal to the Home Government, and our independence was effected without any base appliances. In the work of secession and rebellion, the very officials and sworn guardians of our Government have been the foremost plotters. They have used their opportunities and their trusts for the most perfidious purposes. Nothing but perjury in the very highest places could have initiated secession and rebellion, and to this very moment they derive all their vigor in the council-chamber and on the field from forsworn men, most of whom have been trained from their childhood, nurtured, instructed, and fed, and all of whom have been fostered in their manhood, and gifted with their whole power for harming her, by the kindly mother whose life they are assailing. If the Man with the Withered Hand had used the first thrill of life and vigor coming into it by the word of the Great Physician to aim a blow at his benefactor, his ingratitude would have needed to stand recorded only until this year of our Lord, to have been matched by deeds of men who have thrown this dear land of ours into universal mourning. Yet our English brethren would try to persuade us that these men are but repeating the course and the deeds of the American Revolution!

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THE WILD ENDIVE

  Only the dusty common road,    The glaring weary heat;  Only a man with a soldier's load,    And the sound of tired feet.  Only the lonely creaking hum    Of the Cicada's song;  Only a fence where tall weeds come    With spikèd fingers strong.  Only a drop of the heaven's blue    Left in a way-side cup;  Only a joy for the plodding few    And eyes that look not up.  Only a weed to the passer-by,    Growing among the rest;—  Yet something clear as the light of the sky    It lodges in my breast.

THE CONTRABANDS AT FORTRESS MONROE

In the month of August, 1620, a Dutch man-of-war from Guinea entered James River and sold "twenty negars." Such is the brief record left by John Rolfe, whose name is honorably associated with that of Pocahontas. This was the first importation of the kind into the country, and the source of existing strifes. It was fitting that the system which from that slave-ship had been spreading over the continent for nearly two centuries and a half should yield for the first time to the logic of military law almost upon the spot of its origin. The coincidence may not inappropriately introduce what of experience and reflection the writer has to relate of a three-months' soldier's life in Virginia.

On the morning of the 22d of May last, Major-General Butler, welcomed with a military salute, arrived at Fortress Monroe, and assumed the command of the Department of Virginia. Hitherto we had been hemmed up in the peninsula of which the fort occupies the main part, and cut off from communication with the surrounding country. Until within a few days our forces consisted of about one thousand men belonging to the Third and Fourth Regiments of Massachusetts militia, and three hundred regulars. The only movement since our arrival on the 20th of April had been the expedition to Norfolk of the Third Regiment, in which it was my privilege to serve as a private. The fort communicates with the main-land by a dike or causeway about half a mile long, and a wooden bridge, perhaps three hundred feet long, and then there spreads out a tract of country, well wooded and dotted over with farms. Passing from this bridge for a distance of two miles northwestward, you reach a creek or arm of the bay spanned by another wooden bridge, and crossing it you are at once in the ancient village of Hampton, having a population of some fifteen hundred inhabitants. The peninsula on which the fort stands, the causeway, and the first bridge described, are the property of the United States. Nevertheless, a small picket-guard of the Secessionists had been accustomed to occupy a part of the bridge, sometimes coming even to the centre, and a Secession flag waved in sight of the fort. On the 13th of May, the Rebel picket-guard was driven from the bridge, and all the Government property was taken possession of by a detachment of two companies from the Fourth Regiment, accompanied by a dozen regulars with a field-piece, acting under the orders of Colonel Dimick, the commander of the post. They retired, denouncing vengeance on Massachusetts troops for the invasion of Virginia. Our pickets then occupied the entire bridge and a small strip of the main-land beyond, covering a valuable well; but still there was no occupation in force of any but Government property. The creation of a new military department, to the command of which a major-general was assigned, was soon to terminate this isolation. On the 13th of May the First Vermont Regiment arrived, on the 24th the Second New York, and two weeks later our forces numbered nearly ten thousand.

On the 23d of May General Butler ordered the first reconnoitring expedition, which consisted of a part of the Vermont Regiment, and proceeded under the command of Colonel Phelps over the dike and bridge towards Hampton. They were anticipated, and when in sight of the second bridge saw that it had been set on fire, and, hastening forward, extinguished the flames. The detachment then marched into the village. A parley was held with a Secession officer, who represented that the men in arms in Hampton were only a domestic police. Meanwhile the white inhabitants, particularly the women, had generally disappeared. The negroes gathered around our men, and their evident exhilaration was particularly noted, some of them saying, "Glad to see you, Massa," and betraying the fact, that, on the approach of the detachment, a field-piece stationed at the bridge had been thrown into the sea. This was the first communication between our army and the negroes in this department.

The reconnoissance of the day had more important results than were anticipated. Three negroes, owned by Colonel Mallory, a lawyer of Hampton and a Rebel officer, taking advantage of the terror prevailing among the white inhabitants, escaped from their master, skulked during the afternoon, and in the night came to our pickets. The next morning, May 24th, they were brought to General Butler, and there, for the first time, stood the Major-General and the fugitive slave face to face. Being carefully interrogated, it appeared that they were field-hands, the slaves of an officer in the Rebel service, who purposed taking them to Carolina to be employed in military operations there. Two of them had wives in Hampton, one a free colored woman, and they had several children in the neighborhood. Here was a new question, and a grave one, on which the Government had as yet developed no policy. In the absence of precedents or instructions, an analogy drawn from international law was applied. Under that law, contraband goods, which are directly auxiliary to military operations, cannot in time of war be imported by neutrals into an enemy's country, and may be seized as lawful prize when the attempt is made so to import them. It will be seen, that, accurately speaking, the term applies exclusively to the relation between a belligerent and a neutral, and not to the relation between belligerents. Under the strict law of nations, all the property of an enemy may be seized. Under the Common Law, the property of traitors is forfeit. The humaner usage of modern times favors the waiving of these strict rights, but allows,—without question, the seizure and confiscation of all such goods as are immediately auxiliary to military purposes. These able-bodied negroes, held as slaves, were to be employed to build breastworks, to transport or store provisions, to serve as cooks or waiters, and even to bear arms. Regarded as property, according to their master's claim, they could be efficiently used by the Rebels for the purposes of the Rebellion, and most efficiently by the Government in suppressing it. Regarded as persons, they had escaped from communities where a triumphant rebellion had trampled on the laws, and only the rights of human nature remained, and they now asked the protection of the Government, to which, in prevailing treason, they were still loyal, and which they were ready to serve as best they could.

The three negroes, being held contraband of war, were at once set to work to aid the masons in constructing a new bakehouse within the fort. Thenceforward the term "contraband" bore a new signification, with which it will pass into history, designating the negroes who had been held as slaves, now adopted under the protection of the Government. It was used in official communications at the fort. It was applied familiarly to the negroes, who stared somewhat, inquiring, "What d' ye call us that for?" Not having Wheaton's "Elements" at hand, we did not attempt an explanation. The contraband notion was adopted by Congress in the Act of July 6th, which confiscates slaves used in aiding the Insurrection. There is often great virtue in such technical phrases in shaping public opinion. They commend practical action to a class of minds little developed in the direction of the sentiments, which would be repelled by formulas of a broader and nobler import. The venerable gentleman, who wears gold spectacles and reads a conservative daily, prefers confiscation to emancipation. He is reluctant to have slaves declared freemen, but has no objection to their being declared contrabands. His whole nature rises in insurrection when Beecher preaches in a sermon that a thing ought to be done because it is a duty, but he yields gracefully when Butler issues an order commanding it to be done because it is a military necessity.

On the next day, Major John B. Cary, another Rebel officer, late principal of an academy in Hampton, a delegate to the Charleston Convention, and a seceder with General Butler from the Convention at Baltimore, came to the fort with a flag of truce, and, claiming to act as the representative of Colonel Mallory, demanded the fugitives. He reminded General Butler of his obligations under the Federal Constitution, under which he claimed to act. The ready reply was, that the Fugitive-Slave Act could not be invoked for the reclamation of fugitives from a foreign State, which Virginia claimed to be, and she must count it among the infelicities of her position, if so far at least she was taken at her word.

The 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.

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.

On 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 of 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 despatch,—indicating the hostile purposes for which the negroes had been or might be successfully used, stating the course he had 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 republicae, 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. This reverence for things assumed to be sacred, which are not so, cannot long continue. The Government can well turn away from the enthusiast, however generous his impulses, who asks the abolition of slavery on general principles of philanthropy, for the reason that it already has work enough on its hands. It may not change the objects of the war, but it must of necessity at times shift its tactics and its instruments, as the exigency demands. Its solemn and imperative duty is to look every issue, however grave and transcendent, firmly in the face; and having ascertained upon mature and conscientious reflection what is necessary to suppress the Rebellion, it must then proceed with inexorable purpose to inflict the blows where Rebellion is the weakest and under which it must inevitably fall.

On the 30th of July, General Butler, being still unprovided with adequate instructions,—the number of contrabands having now reached nine hundred,—applied to the War Department for further directions. His inquiries, inspired by good sense and humanity alike, were of the most fundamental character, and when they shall have received a full answer the war will be near its end. Assuming the slaves to have been the property of masters, he considers them waifs abandoned by their owners, in which the Government as a finder cannot, however, acquire a proprietary interest, and they have therefore reverted to the normal condition of those made in God's image, "if not free-born, yet free-manumitted, sent forth from the hand that held them, never to return." The author of that document may never win a victor's laurels on any renowned field, but, depositing it in the archives of the Government, he leaves a record in history which will outlast the traditions of battle or siege. It is proper to add, that the answer of the War Department, so far as its meaning is clear, leaves the General uninstructed as to all slaves not confiscated by the Act of Congress.

The documentary history being now completed, the personal narrative of affairs at Fortress Monroe is resumed.

The encampment of Federal troops beyond the peninsula of the fort and in the vicinity of the village of Hampton was immediately followed by an hegira of its white inhabitants, burning, as they fled, as much of the bridge as they could. On the 28th of May, a detachment of troops entered the village and hoisted the stars and stripes on the house of Colonel Mallory. Picket-guards occupied it intermittently during the month of June. It was not until the first day of July that a permanent encampment was made there, consisting of the Third Massachusetts Regiment, which moved from the fort, the Fourth, which moved from Newport News, and the Naval Brigade, all under the command of Brigadier-General Pierce,—the camp being informally called Camp Greble, in honor of the lieutenant of that name who fell bravely in the disastrous affair of Big Bethel. Here we remained until July 16th, when, our term of enlistment having expired, we bade adieu to Hampton, its ancient relics, its deserted houses, its venerable church, its trees and gardens, its contrabands, all so soon to be wasted and scattered by the torch of Virginia Vandals. We passed over the bridge, the rebuilding of which was completed the day before, marched to the fort, exchanged our rifle muskets for an older pattern, listened to a farewell address from General Butler, bade good-bye to Colonel Dimick, and embarked for Boston. It was during this encampment at Hampton, and two previous visits, somewhat hurried, while as yet it was without a permanent guard, that my personal knowledge of the negroes, of their feelings, desires, aspirations, capacities, and habits of life was mainly obtained.