But the drift of the sentiment of the army was in the direction of compromise with the slavery question. Nearly every statesman at Washington—in the White House and in the Congress—and nearly every officer in the army regarded the Negro question as purely political and not military. That it was a problem hard of solution no one could doubt. Hundreds of loyal Negroes, upon the orders of general officers, were turned away from the Union lines, while those who had gotten on the inside were driven forth to the cruel vengeance of rebel masters. Who could solve the problem? Major-Gen. Benjamin F. Butler banished the politician, and became the loyal, patriotic soldier! In the month of May, 1861, during the time Gen. Butler commanded the Union forces at Fortress Monroe, three slaves made good their escape into his lines. They stated that they were owned by Col. Mallory, of the Confederate forces in the front; that he was about to send them to the North Carolina seaboard to work on rebel fortifications; and that the fortifications were intended to bar that coast against the Union arms. Having heard this statement, Gen. Butler, viewing the matter from a purely military stand-point, exclaimed: "These men are contraband of war; set them at work." Here was a solution of the entire problem; here was a blow delivered at the backbone of the Rebellion. He claimed no right to act as a politician, but acting as a loyal-hearted, clear-headed soldier, he coined a word and hurled a shaft at the enemy that struck him in a part as vulnerable as the heel of Achilles. In his letter to the Lieut.-Gen. of the Army, Winfield Scott, 27th of May, 1861, he said:

"Since I wrote my last, the question in regard to slave property is becoming one of very serious magnitude. The inhabitants of Virginia are using their negroes in the batteries, and are preparing to send their women and children South. The escapes from them are very numerous, and a squad has come in this morning, and my pickets are bringing in their women and children. Of course these can not be dealt with upon the theory on which I designed to treat the services of able-bodied men and women who might come within my lines, and of which I gave you a detailed account in my last dispatch.

"I am in the utmost doubt what to do with this species of property. Up to this time I have had come within my lines men and women, with their children,—entire families,—each family belonging to the same owner. I have therefore determined to employ—as I can do very profitably—the able-bodied persons in the party, issuing proper food for the support of all; charging against their services the expense of care and sustenance of the non-laborers; keeping a strict and accurate account, as well of the services as of the expenditures; having the worth of the services and the cost of the expenditures determined by a board of survey hereafter to be detailed. I know of no other manner in which to dispose of this subject and the questions connected therewith. As a matter of property, to the insurgents it will be of very great moment—the number that I now have amounting, as I am informed, to what in good times would be of the value of $60,000.

"Twelve of these negroes, I am informed, have escaped from the erection of the batteries on Sewell's Point, which fired upon my expedition as it passed by out of range. As a means of offense, therefore, in the enemy's hands, these negroes, when able-bodied, are of great importance. Without them the batteries could not have been erected; at least, for many weeks. As a military question it would seem to be a measure of necessity, and deprives their masters of their services.

"How can this be done? As a political question, and a question of humanity, can I receive the services of a father and a mother and not take the children? Of the humanitarian aspect, I have no doubt; of the political one, I have no right to judge. I therefore submit all this to your better judgment, and, as these questions have a political aspect, I have ventured—and I trust I am not wrong in so doing—to duplicate the parts of my dispatch relating to this subject, and forward them to the Secretary of War.

"Your obedient servant,

"Benj. F. Butler.

"Lt.-General Scott."[81]

The letter of Gen. Butler was laid before the Secretary of War, who answered it as follows:

"Sir: Your action in respect to the negroes who came within your lines, from the service of the rebels, is approved. The Department is sensible of the embarrassments which must surround officers conducting military operations in a State, by the laws of which slavery is sanctioned. The Government can not recognize the rejection by any State of its Federal obligations, resting upon itself. Among these Federal obligations, however, no one can be more important than that of suppressing and dispersing any combination of the former for the purpose of overthrowing its whole constitutional authority. While, therefore, you will permit no interference, by persons under your command, with the relations of persons held to service under the laws of any State, you will, on the other hand, so long as any State within which your military operations are conducted remains under the control of such armed combinations, refrain from surrendering to alleged masters any persons who come within your lines. You will employ such persons in the services to which they will be best adapted; keeping an account of the labor by them performed, of the value of it, and the expenses of their maintenance. The question of their final disposition will be reserved for future determination.

"Simon Cameron, Secretary of War.

"To Maj.-Gen. Butler.

In an account of the life and services of Capt. Grier Talmadge, the "Times" correspondent says:

"To the deceased, who was conservative in his views and actions, belongs the credit of first enunciating the 'contraband' idea as subsequently applied in the practical treatment of the slaves of rebels, Early in the spring of 1861, Flag-Officer Pendergrast, in command of the frigate 'Cumberland,' then the vessel blockading the Roads, restored to their owners certain slaves that had escaped from Norfolk. Shortly after, the Flag-Officer, Gen. Butler, Capt. Talmadge, and the writer chanced to meet in the ramparts of the fortress, when Capt. T. took occasion, warmly, but respectfully, to dissent from the policy of the act, and proceeded to advance some arguments in support of his views. Turning to Gen. Butler, who had just assumed command of this department, he said: 'General, it is a question you will have to decide, and that, too, very soon; for in less than twenty-four hours deserting slaves will commence swarming to your lines. The rebels are employing their slaves in thousands in constructing batteries all around us. And, in my judgment, in view of this fact, not only slaves who take refuge within our lines are contrabands, but I hold it as much our duty to seize and capture those employed, or intended to be employed, in constructing batteries, as it is to destroy the arsenals or any other war-making element of the rebels, or to capture and destroy the batteries themselves.' Within two days after this conversation, Gen. Butler has the question practically presented to him, as predicted, and he solved it by applying the views advanced by the deceased."[82]

The conservative policy of Congress, the cringing attitude of the Government at Washington, the reverses on the Potomac, the disaster of Bull Run, the apologetic tone of the Northern press, the expulsion of slaves from the Union lines, and the conduct of "Copperheads" in the North—who crawled upon their stomachs, snapping and biting at the heels of Union men and Union measures,—bred a spirit of unrest and mob violence. It was not enough that the service of free Negroes was declined; they were now hunted out and persecuted by mobs and other agents of the disloyal element at the North. Like a man sick unto death the Government insisted that it only had a slight cold, and that it would be better soon. The President was no better informed as to the nature of the war than other conservative Republicans. On the 19th of August, 1862, Horace Greeley addressed an open letter to the President, known as "The Prayer of Twenty Millions," of which the following are specimen passages:

"On the face of this wide earth, Mr. President, there is not one disinterested, determined, intelligent champion of the Union cause who does not feel that all attempts to put down the Rebellion, and at the same time uphold its inciting cause, are preposterous and futile—that the Rebellion, if crushed out to-morrow, would be renewed within a year if slavery were left in full vigor—that army officers, who remain to this day devoted to slavery, can at best be but half-way loyal to the Union—and that every hour of deference to slavery is an hour of added and deepened peril to the Union. I appeal to the testimony of your Embassadors in Europe. It is freely at your service, not mine. Ask them to tell you candidly whether the seeming subserviency of your policy to the slave-holding, slavery-upholding interest, is not the perplexity, the despair, of statesmen of all parties; and be admonished by the general answer!

"I close, as I began, with the statement that what an immense majority of the loyal millions of your countrymen require of you is a frank, declared, unqualified, ungrudging execution of the laws of the land, more especially of the Confiscation Act. That Act gives freedom to the slaves of rebels coming within our lines, or whom those lines may at any time inclose,—we ask you to render it due obedience by publicly requiring all your subordinates to recognize and obey it. The rebels are everywhere using the late anti-negro riots in the North—as they have long used your officers' treatment of negroes in the South—to convince the slaves that they have nothing to hope from a Union success—that we mean in that case to sell them into a bitter bondage to defray the cost of the war. Let them impress this as a truth on the great mass of their ignorant and credulous bondmen, and the Union will never be restored—never. We can not conquer ten millions of people united in solid phalanx against us, powerfully aided by Northern sympathizers and European allies. We must have scouts, guides, spies, cooks, teamsters, diggers, and choppers, from the blacks of the South—whether we allow them to fight for us or not—or we shall be baffled and repelled. As one of the millions who would gladly have avoided this struggle at any sacrifice but that of principle and honor, but who now feel that the triumph of the Union is indispensable not only to the existence of our country, but to the well-being of mankind, I entreat you to render a hearty and unequivocal obedience to the law of the land.

"Yours,

"Horace Greeley."[83]