It is May 23, 1861.
Three enslaved men belonging to Confederate Col. Charles Mallory
of Hampton, Virginia, have escaped and arrived at Fortress Monroe,
a federal installation in the Hampton harbor.
The Civil War is now six weeks old,
having begun with the South Carolina militia’s firing
on federal Fort Sumter in Charleston Harbor on April 12.
Fortress Monroe’s commanding officer, Major General Benjamin Butler,
meets with these men and learns they were to be used
to construct Confederate fortifications.
Then, a day later, a Confederate major carrying a flag of truce approaches.
He demands the return of the men,
claiming Butler is obligated to do so
under the federal Fugitive Slave Act.
But Butler, a skilled former criminal defense attorney, refused.
‘With Virginia’s secession from the Union,’ Butler said, ‘the state is no longer a part of the US.’
‘And the Fugitive Slave Act doesn’t apply to foreign countries.’
Butler told the Confederate officer the enslaved men
were ‘contraband of war.’
[Meaning enemy property susceptible for use in military conflict.]
Under international law, contraband of war can be taken from the enemy.
And that is what Butler did, giving the enslaved men shelter at the Fort
and paying them wages for doing work there.
Word of Butler’s decree spread quickly.
Within days, dozens of enslaved people made their way to Fort Monroe.
And this began to happen at Union camps everywhere.
Eventually, about 500,000 enslaved people will seek freedom
by escaping to Union-held territory.
It was a stunning turn of events.
At the time of Butler’s decree, Lincoln had gone on record
as stating he believed he lacked the authority to abolish slavery.
And his Emancipation Proclamation was a year-and-a-half in the future.
But the floodgates had opened.
The federal government established a hundred ‘contraband camps’
for these people.
Soon, teachers from the North came to teach reading and writing
in camp schools.
Freed men living in the camps earned wages
working for the Union army.
Thousands of young men enlisted in the United States Colored Troops
to fight with the Union against the Confederacy.
The first step on a very long road to racial equality had been taken.
Not by the President.
Not by Congress.
But by a man who had seized the moment.
I’ll see you tomorrow.
— Brenda
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