So completely had Mr. Sumner acted on the idea of waiting for a moment to strike, that in two different bills introduced by him before the disaster at Bull Run, one, July 16th, entitled, “For the confiscation of property of persons in rebellion against the Constitution and Laws of the United States,” and the other, July 18th, entitled, “For the punishment of conspiracy and kindred offences against the United States, and for the confiscation of the property of the offenders,” there is no open mention of Slavery. In the first bill there is a provision for the forfeiture of “the property, real and personal, of every kind whatsoever, and wheresoever situated within the limits of the United States, belonging to any person owing allegiance to the United States, who shall be found in arms against the United States, or shall give any aid or comfort to their enemies.” The other bill contains a clause equally stringent, but general in character. But after that disaster to our arms, he was satisfied the time had come for a full exercise of the War Power, and he desired earnestly to have the President lead the way openly and without reservation.
POLICY OF FORBEARANCE.
Meanwhile the policy of forbearance was continued, giving, as Mr. Sumner thought, moral strength to the Rebellion, and postponing success. By General Orders from Head-Quarters at Washington, July 17th, Slave-Masters obtained new security for their pretended property, in the following terms.
“Fugitive slaves will under no pretext whatever be permitted to reside, or in any way be harbored, in the quarters and camps of the troops serving in this department. Neither will such slaves be allowed to accompany troops on the march. Commanders of troops will be held responsible for a strict observance of the order.”[171]
In harmony with this military order was an opinion of the Attorney-General, of July 23d, by which the marshals of Missouri were reminded that the Fugitive Slave Act must be executed.[172] Then came the correspondence between General Butler and the War Department. The former, in a letter from Head-Quarters, Fortress Monroe, July 30th, after speaking of “the able-bodied negro fit to work in the trenches as property liable to be used in aid of rebellion, and so contraband of war,” and then with unanswerable force declaring our duty to fugitive slaves, announced a definite policy as follows.
“In a state of rebellion I would confiscate that which was used to oppose my arms, and take all that property which constituted the wealth of that State and furnished the means by which the war is prosecuted, beside being the cause of the war; and if, in so doing, it should be objected that human beings were brought to the free enjoyment of life, liberty, and the pursuit of happiness, such objection might not require much consideration.[173]
To this annunciation Mr. Cameron, Secretary of War, replied, under date of August 8th:—
“It is the desire of the President that all existing rights in all the States be fully respected and maintained.”
And then, after forbidding troops to interfere “with the servants of peaceable citizens in house or field,” it was declared, as if to help the Fugitive Slave Act:—
“Nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped.”[174]