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Nicolay, John George, 1832-1901

"Hay's Abraham Lincoln: A History"

We are neither negro
stealers nor negro catchers," was easily construed by subordinate
officers to justify the practice of either course. _Inter arma silent
leges_. For the present, Butler was instructed not to surrender such
fugitives, but to employ them in suitable labor, and leave the question
of their final disposition for future determination. Congress greatly
advanced the problem, soon after the battle of Bull Run, by adopting an
amendment which confiscated a rebel master's right to his slave when, by
his consent, such slave was employed in service or labor hostile to the
United States. The debates exhibited but little spirit of partizanship,
even on this feature of the slavery question. The border State members
did not attack the justice of such a penalty. They could only urge that
it was unconstitutional and inexpedient. On the general policy of the
war, both houses, with but few dissenting votes, passed the resolution,
offered by Mr. Crittenden, which declared that the war was not waged for
oppression or subjugation, or to interfere with the rights or
institutions of States, "but to defend and maintain the supremacy of the
Constitution, and to preserve the Union with all the dignity, equality,
and rights of the several States unimpaired." The special session
adjourned on August 6, having in a single month completed and enacted a
thorough and comprehensive system of war legislation.


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