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[259]

I wrote the lieutenant-general that I awaited instructions but should pursue this course until I had received them. On the 30th I received word front the Secretary of War, to whom I had duplicated my letter to General Scott. His instructions gave me no directions to pursue any different course of action from that which I had reported to him, except that I was to keep an accurate account of the value of their work.

But the local effect of the position taken was of the slightest account compared with its effect upon the country at large. The question of the disposal of the slaves was one that perplexed very many of the most ardent lovers of the country and loyal prosecutors of the war. It afforded a groundwork for discussion which yielded many excuses for those who did not desire the war to be carried on. In a word, the slave question was a stumbling-block. Everybody saw that if the work of returning fugitive slaves to their masters in rebellion was imposed upon the Union troops, it would never be done; the men would simply be disgusted and finally decline the duty. Our troops could not act as a marshal's posse in catching runaway negroes to return them to their masters who were fighting us at the same time. What ought to be done? Nobody made answer to that question. Fortuitously it was thrust upon me to decide what must be done then and there, and very fortunately a few moments' thought caused to flash through my mind the plausible answer at least to the question: What will you do? I do not claim for the phrase “contraband of war,” used in this connection, the highest legal sanction, because it would not apply to property used or property for use in war, as would be a cargo of coal being carried to be burned on board an enemy's ship of war. To hold that contraband, as well might be done, by no means included all the coal in the country. It was a poor phrase enough; Wendell Phillips said “a bad one.” My staff officer, Major Winthrop, insisted it was an epigram which freed the slaves. The truth is, as a lawyer I was never very proud of it, but as an executive officer I was very much comforted with it as a means of doing my duty.

The effect upon the public mind, however, was most wonderful. Everybody seemed to feel a relief on this great slavery question. Everybody thought a way had been found through it. Everybody praised its author by extolling its great use, but whether right or

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