Similarly, the refusal to use
blacks in the Union forces might seriously weaken the military
cause. Yet, their use might alienate the border states, and it
might be so repugnant to the South as to hinder future
negotiations.
Early in the war the North was faced with the problem of
what to do with the slaves who fled from the South into the Union
lines for safety. In the absence of any uniform policy,
individual officers made their own decisions. According to the
Fugitive Slave Act, Northern officials should have helped in
capturing and returning them. When General Butler learned that
the South was using slaves to erect military defenses, he
declared that such slaves were contraband of war and therefore
did not have to be returned. Congress stated that it was not
the duty of an officer to return freed slaves. However, on at
least one occasion, Lincoln gave instructions to permit masters
to cross the Potomac into Union lines to look for their runaway
slaves.
In August, 1861, a uniform policy was initiated with the
passing of the Confiscation Act. It stated that property used in
aiding the insurrection could be captured.
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