When the Union army got into the field at the South it was confronted by a difficult question. What should be done with the Negroes who sought the Union lines for protection from their masters? The sentiment of the press, Congress, and the people of the North generally, was against interference with the slave, either by the civil or military authorities. And during the first years of the war the army became a band of slave-catchers. Slave-holders and sheriffs from the Southern States were permitted to hunt fugitive slaves under the Union flag and within the lines of Federal camps. On the 22d of June, 1861, the following paragraph appeared in the "Baltimore American":
"Two free negroes, belonging to Frederick, Md., who concealed themselves in the cars which conveyed the Rhode Island regiment to Washington from this city, were returned that morning by command of Colonel Burnside, who supposed them to be slaves. The negroes were accompanied by a sergeant of the regiment, who lodged them in jail."
On the 4th of July, 1861, Col. Tyler, of the 7th Ohio regiment, delivered an address to the people of Virginia; a portion of which is sufficient to show the feeling that prevailed among army officers on the slavery question:
"To you, fellow-citizens of West Virginia—many of whom I have so long and favorably known,—I come to aid and protect. [The grammar is defective.]
"I have no selfish ambition to gratify, no personal motives to actuate. I am here to protect you in person and property—to aid you in the execution of the law, in the maintenance of peace and order, in the defence of the Constitution and the Union, and in the extermination of our common foe. As our enemies have belied our mission, and represented us as a band of Abolitionists, I desire to assure you that the relation of master and servant as recognized in your State shall be respected. Your authority over that species of property shall not in the least be interfered with. To this end I assure you that those under my command have peremptory orders to take up and hold any negroes found running about the camp without passes from their masters."
When a few copies had been struck off, a lieutenant in Captain G. W. Shurtleff's company handed him one. He waited upon the colonel, and told him that it was not true that the troops had been ordered to arrest fugitive slaves. The colonel threatened to place Captain Shurtleff in arrest, when he exclaimed: "I'll never be a slave-catcher, so help me God!" There were few men in the army at this time who sympathized with such a noble declaration, and, therefore, Captain Shurtleff found himself in a very small minority.
The following account of an attempt to secure a fugitive slave from General Isaac R. Sherwood has its historical value. General Sherwood was as noble a man as he was a brave and intelligent soldier. He obeyed the still small voice in his soul and won a victory for humanity:
"In the February and March of 1863, I was a major in command of 111th O. V. I regiment. I had a servant, as indicated by army regulations, in charge of my private horse. He was from Frankfort, Ky., the property of a Baptist clergyman. When the troops passed through Frankfort, in the fall of 1862, he left his master, and followed the army. He came to me at Bowling Green, and I hired him to take care of my horse. He was a lad about fifteen years old, named Alfred Jackson.
"At this time, Brig.-Gen. Boyle, or Boyd (I think Boyle), was in command of the District of Kentucky, and had issued his general order, that fugitive slaves should be delivered up. Brig.-Gen. H. M. Judah was in command of Post of Bowling Green, also of our brigade, there stationed.
"The owner of Alfred Jackson found out his whereabouts, and sent a U. S. marshal to Bowling Green to get him. Said marshal came to my headquarters under a pretence to see my very fine saddle-horse, but really to identify Alfred Jackson. The horse was brought out by Alfred Jackson. The marshal went to Brig.-Gen. Judah's headquarters and got a written order addressed to me, describing the lad and ordering me to deliver the boy. This order was delivered to me by Col. Sterling, of Gen. Judah's staff, in person. I refused to obey it. I sent word to Gen. Judah that he could have my sword, but while I commanded that regiment no fugitive slave should ever be delivered to his master. The officer made my compliments to Gen. Judah as aforesaid, and I was placed under arrest for disobedience to orders, and my sword taken from me.
"In a few days the command was ordered to move to Glasgow, Ky., and Gen. Judah, not desiring to trust the regiment in command of a captain, I was temporarily restored to command, pending the meeting of a court-martial to try my case. When the command moved I took Alfred Jackson along. After we reached Glasgow, Ky., Gen. Judah sent for me, and said if I would then deliver up Alfred Jackson he would restore me to command. The United States marshal was present. This I again refused to do.
"The same day, I sent an ambulance out of the lines, with Alfred Jackson tucked under the seat, in charge of a man going North, and I gave him money to get to Hillsdale, Michigan, where he went, and where he resided and grew up to be a good man and a citizen. I called the attention of Hon. James M. Ashley (then Member of Congress) to the matter, and under instructions from Secretary Stanton, Gen. Boyle's order was revoked, and I never delivered a fugitive, nor was I ever tried."
In Mississippi, in 1862, Col. James B. Steedman (afterward major-general) refused to honor an order of Gen. Fry, delivered by the man who wanted the slave in Steedman's camp. Col. Steedman read the order and told the bearer that he was a rebel; that he could not search his camp; and that he would give him just ten minutes to get out of the camp, or he would riddle him with bullets. When Gen. Fry asked for an explanation of his refusal to allow his camp to be searched, Col. Steedman said he would never consent to have his camp searched by a rebel; that he would use every bayonet in his regiment to protect the Negro slave who had come to him for protection; and that he was sustained by the Articles of War, which had been amended about that time.
Again, in the late summer of 1863, at Tuscumbia, Tennessee, Gen. Fry rode into Col. Steedman's camp to secure the return of the slaves of an old lady whom he had known before the war. Col. Steedman said he did not know that any slaves were in his camp; and that if they were there they should not be taken except they were willing to go. Gen. Fry was a Christian gentleman of a high Southern type, and combined with his loyalty to the Union an abiding faith in "the sacredness of slave property." Whether he ever recovered from the malady, history saith not.
The great majority of regular army officers were in sympathy with the idea of protecting slave property. Gen. T. W. Sherman, occupying the defences of Port Royal, in October, 1861, issued the following proclamation to the people of South Carolina: