— Ch. 1 · The Fort Monroe Doctrine —
Contraband (American Civil War).
~5 min read · Ch. 1 of 6
On the 24th of May 1861, three men named Frank Baker, Shepard Mallory and James Townsend crossed Hampton Roads harbor at night. They fled from Confederate-occupied Norfolk County to seek refuge inside Fort Monroe in Virginia. These three enslaved laborers had previously been forced to build an artillery battery at Sewell's Point aimed directly at the fort. Major General Benjamin Butler commanded the Union stronghold when they arrived. Butler was also a trained attorney who faced a legal dilemma regarding their status. The owners of these men demanded their return under the federal Fugitive Slave Act of 1850. Butler refused to send them back because Virginia had declared its secession from the United States. He argued that if Virginia considered itself a foreign country, then the Fugitive Slave Act did not apply. This legal maneuver allowed him to hold the men as captured enemy property rather than returning them to slavery. President Abraham Lincoln approved this policy through Secretary of War Simon Cameron. The telegraph message stated that Butler's contraband policy was officially approved by the administration.
Origins And Terminology
The word contraband appeared in general language as early as 1812 to describe illegally smuggled goods including human beings. Thomas Nast published an illustration titled Contraband of War in the New York Illustrated News on the 15th of June 1861. The drawing depicted General Butler holding a leg while keeping a Southern villain at bay. Acting Master William Budd used the term for the first time in an official US military record on the 10th of August 1861. Before this date, Butler referred to the fugitives simply as slaves in his written communications with the War Department. On the 25th of September 1861, Navy Secretary Gideon Welles issued a directive regarding persons of color commonly known as contrabands. The directive authorized pay at the rate of $10 per month plus a full day's ration for these workers. Three weeks later the Union Army began paying male contrabands at Fort Monroe $8 a month and females $4. Congress passed the Confiscation Act of 1861 in August which declared any property used by the Confederate military could be confiscated. This included enslaved people who were now classified as captured enemy property rather than legal chattel.