Part IV: Contraband Slaves



DOCUMENT PACKET:

Contraband Slaves and the role of African-Americans in the Civil War:

“Contraband”: people who left the property of masters on their own and sought to join the Union cause

Source: Berlin, Ira, et. al., Eds. Free At Last: A Documentary History of Slavery, Freedom and the Civil War. New York: The New Press (1992).

The following is a report by Octave Johnson, a contraband [illegal fugitive] slave who took refuge at Camp Parapet, a Union military camp, in the Fall of 1862.

Document 1: I was born in New Orleans; I am 23 years of age; I was raised by Arthur Thiboux of New Orleans; I am by trade a cooper (barrel maker); I was treated pretty well at home; in 1855 master sold my mother, and in 1861 he sold me to S. Contrell of St. James Parish for $2,400; here I worked by task at my trade; one morning the bell was rung for us to go to work so early that I could not see, and I lay still, because I was working by task; for this the overseer was going to have me whipped, and I ran away to the woods, where I remained for a year and a half; I had to steal my food; took turkeys, chickens and pigs; before I left our number had increased to thirty, of whom ten were women; we were four miles in the rear of the plantation house; sometimes we would rope beef cattle and drag them out to our hiding place; we obtained matches from our friends on the plantation; we slept on logs and burned cypress leaves to make a smoke and keep away mosquitoes; Eugene Jardeau, master of hounds, hunted for us for three months; often those at work would betray those in the swamp, for fear of being implicated in their escape; we furnished meat to our fellow-servants in the field, who would return corn meal; one day twenty hounds came after me; I called the party to my assistance and we killed eight of the bloodhounds-then we all jumped into Bayou Faupron [swamp]; the dogs followed us and the alligators caught six of them; "the alligators preferred dog flesh to personal flesh;" we escaped and came to Camp Parapet, where I was first employed in the Commissary's office, then as a servant to Col. Hanks; then I joined his regiment.

In the early years of the war President Lincoln’s aim was to preserve the Union. Desiring to reassure unionists in the border states of Maryland, Kentucky, and Missouri, which had not seceded and allowed slavery, Lincoln promised that the army would respect the property rights of slaveholders and Union field commanders initially adhered to the president's policy. Following is a letter from a Missouri native to General William S. Harney, the commander at St. Louis, inquiring on this issue, and Harney’s response.

Document 2a: Letter from Thomas T. Gantt Saint Louis Mo. May 14, 1861.

Sir: In common with thousands…I return you the thanks of a citizen of Missouri….

….I wish to be able to answer, with the authority of your name, a question which I have already replied to on my own judgment. Last evening, a gentleman, of the highest respectability…from Greene county, Mo. asked me whether I supposed it was the intention of the United States Government to interfere with the institution of negro slavery in Missouri or any Slave State, or impair the security of that description of property. Of course, my answer was most unqualifiedly, and almost indignantly in the negative….I felt certain that the force of the United States, would, if necessary, be exerted for the protection of this, as well as any other kind of property. Will you be good enough to spare from your engrossing military duties so much time as may be required to say whether I answered correctly?

I have the honor to be, with the highest respect, your most obedient Servant. (Sgd) Thomas T. Gantt.

Document 2b: Response to Gantt from William S. Harney [St. Louis, Mo. ] May 14,1861.

Sir: I have just received your note of this date, inquiring whether, in my opinion, you were correct in replying to a citizen of Southwestern Missouri as to the purpose of the United States Government respecting the protection of negro property.

I must premise my saying that I have no special instructions on this from the War Department. But I should as soon expect to hear that the orders of the Government…[regarding] negro slaves.

I entertain no doubt whatever that you answered the question you mention correctly. I should certainly have answered it in the same manner, and I think with the very feelings you describe. I am not a little astonished that such a question could be seriously put. Already since the commencement of these unhappy disturbances, slaves have escaped from their owners, and have sought refuge in the camps of United States troops from Northern states and commanded by a Northern General. They were carefully sent back to their owners. An insurrection of slaves was reported to have taken place in Maryland. A Northern General offered to the Executive of that State the aid of Northern troops under his own command, to suppress it….What I have cited, and my general acquaintance with the statesmanlike views of the President, makes me confident in expressing the opinion above given. Very respectfully, Your obedt. [obedient] Servant [William S. Harney]

Despite the federal order that contraband [fugitive or illegal] slaves may not be employed by Union troops, many Federal soldiers employed fugitive slaves as scouts, personal servants, and laborers. Even commanders who cared nothing about the runaways—and knew that harboring them would alienate border-state slaveholders—found fugitive slaves militarily useful. That was the dilemma facing General Alexander McDowell McCook, who appealed for guidance from his superior, General William T. Sherman. Following his letter is a response from General Sherman and General Henry W Halleck, commander of the Department of Missouri (a border state).

Document 3a: Letter from A. McD. McCook Camp Nevin, Kentucky, November 5th 1861

General: The subject of Contraband [illegal] negros is one that is looked to, by the Citizens of Kentucky of vital importance Ten have come into my Camp within as many hours, and from what they say, there will be a general Stampede of slaves from the other side of Green River— They have already become a source of annoyance to me, and I have great reason to belive that this annoyance will increase the longer we stay— They state the reasons of their running away—there masters are rank Secessionists, in some cases are in the rebel army….

I would respectfully suggest that if they be allowed to remain here, that our cause in Kentucky may be injured— I have no faith in Kentucky's loyalty, there-for have no great desire to protect her pet institution Slavery— As a matter of policy, how would it do, for me to send for their master's and deliver the negro's—to them on the out-side of our lines, or send them to the other side of Green River and deliver them up…I am satisfied they bolster themselves up, by making the uninformed believe that this is a war upon African slavery….

I have put the negro's to work— They will be handy with teams, and generally useful. I consider the subject embarrassing and must defer to your better judgment….

A. McD. McCook

Document 3b: Response to McCook from William T. Sherman: Louisville Kenty Nov 8, 1861

Sir. I have no instructions from Government on the subject of Negroes, my opinion is that the laws of the state of Kentucky are in full force and that negroes must be surrendered on application of their masters or agents or delivered over to the sheriff of the County. We have nothing to do with them at all and you should not let them take refuge in Camp. It forms a source of misrepresentation by which Union men are estranged from our Cause

I know it is almost impossible for you to ascertain in any case the owner of the negro, but so it is, his word is not taken in evidence and you will send them away I am yours

W. T. Sherman

Document 4a: Decree from Major General Halleck St. Louis, [Missouri], November 20th, 1861.

general orders, No. 3.

I. It has been represented that important information respecting the numbers and condition of our forces is conveyed to the enemy by means of fugitive slaves who are admitted within our lines. In order to remedy this evil, it is directed that no such persons be hereafter permitted to enter the lines of any camp, or of any forces on the march, and that any now within such lines be immediately excluded therefrom.

II. The General Commanding wishes to impress upon all officers in command of posts and troops in the field the importance of preventing unauthorized persons of every description from entering and leaving our lines, and of observing the greatest precaution in the employment of agents and clerks in confidential positions.

By ordee of major general HALLECK.

As the war proceeded Union Officials, and slaveholders from border states, were angry that Union commanders were not returning fugitive slaves. This did not mean that fugitive slaves in Union camps were freed, even though some commanders believed fugitive slaves should be. Following are letters and documents that illustrate the tension between Lincoln and some of his commanders. Lincoln also urged the border states to embrace a proposal for gradual emancipation, with compensation to owners, that Congress had recently approved.

Document 4b: Letter from E.P. Halsted Washington [D.C.], April 6th 1862

Sir I am directed by Gen'l Doubleday to say in answer to your letter of the 2d inst. that all negroes coming into the lines of any of the camps or Forts under his command, are to be treated as persons and not as chattels [property]….

The question has been asked whether it would not be better to exclude negroes altogether from the lines. The General is of opinion that they bring much valuable information which cannot be obtained from any other source. They are acquainted with all the roads, paths fords and other natural features of the country and they make excellent guides They also Know and frequently, have exposed the haunts of secession spies and traitors and the existance of reble organization. They will not therefore be excluded.…I am very respectfully your obt Servt.

(Signed) E. P. Halsted

Document 4c: Letter from Major General David Hunter Head Quarters Department of the South,

Hilton Head, S.C. May 9,1862.

General Orders N° 11.—The three States of Georgia, Florida and South Carolina, comprising the military department of the south, having deliberately declared themselves no longer under the protection of the United States of America, and having taken up arms against the said United States, it becomes a military necessity to declare them under martial law. This was accordingly done on the 25th day of April, 1862. Slavery and martial law in a free country are altogether incompatible; the persons in these three States—Georgia, Florida and South Carolina—heretofore held as slaves, are therefore declared forever free.

(Official) David Hunter, Major General Commanding.

Ed. W. Smith, Acting Assistant Adjutant General

Document 5: Proclamation by President Lincoln Washington [D. C. ] this nineteenth day of May,

in the year of our Lord one thousand eight hundred and sixty-two

By the President of the United States of America.

A Proclamation.

Whereas there appears in the public prints, what purports to be a proclamation, of Major General Hunter….And whereas the same is producing some excitement, and misunderstanding; therefore

I, Abraham Lincoln, President of the United States, proclaim and declare, that the government of the United States, had no knowledge, information, or belief, of an intention on the part of General Hunter to issue such a proclamation; nor has it yet, any authentic information that the document is genuine— And further, that neither General Hunter, nor any other commander, or person, has been authorized by the Government of the United States, to make proclamations declaring the slaves of any State free; and that the supposed proclamation, now in question, whether genuine or false, is altogether void….

…To declare the slaves of any State or States, free…are questions which, under my responsibility, I reserve to myself, and which I cannot feel justified in leaving to the decision of commanders in the field….On the sixth day of March last, by a special message, I recommended to Congress the adoption of a joint resolution to be substantially as follows:

Resolved, That the United States ought to co-operate with any State which may adopt a gradual abolishment of slavery, giving to such State pecuniary aid [money to compensate for the loss of slave property], to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system. Abraham Lincoln

Document 5a: The Emancipation Proclamation, January 1, 1863

By the President of the United States of America:

A Proclamation.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. […]

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defense; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: ABRAHAM LINCOLN

WILLIAM H. SEWARD, Secretary of State.

Document 6: Notice posted in Louisiana after the Emancipation Proclamation

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Part V: African American soldiers

By the end of the war, African Americans argued that their services to the nation had entitled them not only to freedom but also to civil and political rights. Black Tennesseans petitioned a convention of white unionists that was considering reorganization of the state government and the abolition of slavery.

Document 7: Petition by African Americans [Nashville, Tenn., January 9, 1865]

To the Union Convention of Tennessee Assembled in the Capitol at Nashville, January 9th, 1865:

We the undersigned petitioners, American citizens of African descent, natives and residents of Tennessee, and devoted friends of the great National cause, do most respectfully ask a patient hearing of your honorable body in regard to matters deeply affecting the future condition of our unfortunate and long suffering race.

First of all, however, we would say that words are too weak to tell how profoundly grateful we are to the Federal Government for the good work of freedom which it is gradually carrying forward; and for the Emancipation Proclamation which has set free all the slaves in some of the rebellious States, as well as many of the slaves in Tennessee.

After two hundred years of bondage and suffering…Your petitioners would ask you to complete the work begun by the nation at large, and abolish the last vestige of slavery by the express words of your organic law.

Many masters in Tennessee whose slaves have left them, will certainly make every effort to bring them back to bondage after the reorganization of the State government, unless slavery be expressly abolished by the Constitution.

We hold that freedom is the natural right of all men, which they themselves have no more right to give or barter away, than they have to sell their honor, their wives, or their children.…We love the Union by an instinct which is stronger than any argument or appeal which can be used against it. It is the attachment of a child to its parent.

Devoted as we are to the principles of justice, of love to all men, and of equal rights on which our Government is based….We know the burdens of citizenship, and are ready to bear them. We know the duties of the good citizen, and are ready to perform them cheerfully….

Near 200,000 of our brethren are to-day performing military duty in the ranks of the Union army. Thousands of them have already died in battle, or perished by a cruel martyrdom for the sake of the Union, and we are ready and willing to sacrifice more. But what higher order of citizen is there than the soldier? …If we are called on to do military duty against the rebel armies in the field, why should we be denied the privilege of voting against rebel citizens at the ballot-box?…The colored man will vote by instinct with the Union party, just as uniformly as he fights with the Union army. This is not a new question in Tennessee. From 1796 to 1835, a period of thirty-nine years, free colored men voted at all her elections without question….

If colored men have been faithful and true to the Government of the United States in spite of the Fugitive Slave Law, and the cruel policy often pursued toward them, will they not be more devoted to it now than ever, since it has granted them that liberty which they desired above all things? Surely, if colored men voted without harm to the State, while their brethren were in bondage, they will be much more devoted and watchful over her interests when elevated to the rank of freemen and voters. If they are good law-abiding citizens, praying for its prosperity, rejoicing in its progress, paying its taxes, fighting its battles, making its farms, mines, work-shops and commerce more productive, why deny them the right to have a voice in the election of its rulers?

…This is not a Democratic Government if a numerous, law-abiding, industrious, and useful class of citizens, born and bred on the soil, are to be treated as aliens and enemies, as an inferior degraded class, who must have no voice in the Government which they support, protect and defend, with all their heart, soul, mind, and body, both in peace and war.

…Again, the granting of this privilege would stimulate the colored man to greater exertion to make himself an intelligent, respected, useful citizen….He would send his children to school, that they might become educated and intelligent members of society. It used to be thought that ignorant negroes were the most valuable, but this belief probably originated from the fact that it is almost impossible to retain an educated, intelligent man in bondage. Certainly, if the free colored man be educated, and his morals enlightened and improved, he will be a far better member of society, and less liable to transgress its laws. It is the brutal, degraded, ignorant man who is usually the criminal.

One other matter we would urge on your honorable body. At present we can have only partial protection from the courts. The testimony of twenty of the most intelligent, honorable, colored loyalists cannot convict a white traitor of a treasonable action….A colored man may have served for years faithfully in the army, and yet his testimony in court would be rejected, while that of a white man who had served in the rebel army would be received.

…In conclusion, we would point to the fact that the States where the largest measure of justice and civil rights has been granted to the colored man, both as to suffrage and his oath in court, are among the most rich, intelligent, enlightened and prosperous. Massachusetts, illustrious for her statesmen and her commercial and manufacturing enterprises and thrift, whose noble liberality has relieved so many loyal refugees and other sufferers of Tennessee, allows her colored citizens to vote, and is ever jealous of their rights. She has never had reason to repent the day when she gave them the right of voting.

Had the southern states followed her example the present rebellion never would have desolated their borders.

Several other Northern States permit negro suffrage, nor have bad effects ever resulted from it. It may be safely affirmed that Tennessee was quite as safe and prosperous during the 39 years while she allowed negro suffrage, as she has been since she abolished it….

[59 signatures]

And many other colored citizens of Nashville

Document 8a,b: Two parts, a, b: Letter from Major General David Hunter regarding the enlistment of African American soldiers

Hunter went on to enlist ex-slaves as soldiers without War Department authorization. When a congressional resolution sponsored by border-state representatives demanded an explanation, Hunter send a sarcastic response, referring to contraband slaves as men with fugitive masters retorted that he had no fugitive slaves under arms, only men "whose late masters are 'Fugitive Rebels.'" Hunter's sarcastic letter quickly became a featured story in the antislavery press.

Port Royal So Ca, June 23rd 1862

8a) Sir: I have the honor to acknowledge the receipt of a communication from the Adjutant General of the Army, dated June 13th 1862, requesting me to furnish you with information necessary to answer certain resolutions introduced in the House of Representatives, June 9 1862, on motion of the Hon. Mr. Wickliffe of Kentucky,—their substance being to inquire;

1st Whether I had organized or was organizing a regiment of "Fugitive Slaves" in this Department.

2nd Whether any authority had been given to me from the War Department for such organization;—and

3rd Whether I had been furnished by order of the War Department with clothing, uniforms, arms, equipments and so forth for such a force?

Only having received the letter covering these inquiries at a late hour on Saturday night, I urge forward my answer in time for the Steamer sailing today (Monday)…

To the First Question therefore I reply that no regiment of "Fugitive Slaves" has been, or is being organized in this Department. There is, however, a fine regiment of persons whose late masters are "Fugitive Rebels,"—men who everywhere fly before the appearance of the National Flag, leaving their servants behind them to shift as best they can for themselves.— So far, indeed, are the loyal persons composing this regiment from seeking to avoid the presence of their late owners, that they are now, one and all, working with remarkable industry to place themselves in a position to go in full and effective pursuit of their fugacious and traitorous proprietors.

To the Second Question, I have the honor to answer that the instructions given to Brig. Gen. T. W. Sherman by the Hon. Simon Cameron, late Secretary of War, and turned over to me by succession for my guidance,—do distinctly authorize me to employ all loyal persons offering their services in defense of the Union and for the suppression of this Rebellion in any manner I might see fit, or that the circumstances might call for. There is no restriction as to the character or color of the persons to be employed, or the nature of the employment, whether civil or military, in which their services should be used. I conclude, therefore that I have been authorized to enlist "Fugitive Slaves" as soldiers could any such be found in this Department.— No such characters, however have yet appeared within view of our most advanced pickets,—the loyal slaves everywhere remaining on their plantations to welcome us, aid us and supply us with food, labor and information.— It is the masters who have in every instance been the "Fugitives", running away from loyal slaves as well as loyal soldiers, and whom we have only partially been able to see,—chiefly their heads over ramparts, or, rifle in hand dodging behind trees,—in the extreme distance.— In the absence of any "Fugitive Master Law", the deserted Slaves would be wholly without remedy, had not the crime of Treason given them the right to pursue, capture and bring back those persons of whose protection they have been thus suddenly bereft.

8b (See biography above.)

Letter from Major General David Hunter regarding the enlistment of African American soldiers

[3rd Whether I had been furnished by order of the War Department with clothing, uniforms, arms, equipments and so forth for such a force?]

To the Third Interrogatory, it is my painful duty to reply that I never have received any Specific authority for issues of clothing, uniforms, arms, equipments and so forth to the troops in question,—my general instructions from Mr. Cameron to employ them in any manner I might find necessary, and the military exigencies of the Department and the country, being my only, but in my judgment, sufficient justification. Neither have I had any Specific authority for supplying these persons with shovels, spades and pick axes when employing them as laborers, nor with boats and oars when using them as lightermen,—but these are not points included in Mr. Wickliffe's Resolution.— Tb me it seemed that liberty to employ men in any particular capacity implied with it liberty, also, to supply them with the necessary tools; and acting upon this faith, I have clothed, equipped and armed the only loyal regiment yet raised in South Carolina.

I must say, in vindication of my own conduct, that had it not been for the many other diversified and imperative claims on my time and attention, a much more satisfactory result might have been hoped for; and that in place of only one, as at present, at least five or six well-drilled, brave and thoroughly acclimated regiments should by this time have been added to the loyal forces of the Union.

The experiment of arming the Blacks, so far as I have made it, has been a complete and even marvellous success. They are sober, docile, attentive and enthusiastic, displaying great natural capacities for acquiring the duties of the soldier. They are eager beyond all things to take the field and be led into action; and it is the unanimous opinion of the officers who have had charge of them, that in the peculiarities of this climate and Country they will prove invaluable auxiliaries,—fully equal to the similar regiments so long and successfully used by the British Authorities in the West India Islands.

In conclusion I would say it is my hope,—there appearing no possibility of other reinforcements owing to the exigencies of the Campaign in the Peninsula,—to have organized by the end of next Fall, and to be able to present to the Government, from forty eight to fifty thousand of these hardy and devoted soldiers.— Trusting that this letter may form part of your answer to Mr Wiekliffe's Resolutions, I have the honor to be, most respectfully, Your Very Obedt Servt.

[David Hunter]

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