THE GENIUS OF THE EMANCIPATION PROCLAMATION
In May 1861 three escaped slaves from Virginia made their way to Fortress Monroe in Norfolk which was still under Union control. The Federal commander, General Benjamin Butler refused to return these slaves to their owners because they had had been building artillery positions for the Confederate Army along the James River. Butler coined a new term. He declared them "contraband of war". Under the Fugitive Slave Law passed in 1850 he was required by law to return these slaves to their masters. Virginia had recently seceded from the Union and he considered the state a hostile foreign country. Under the rules of war Federal law did not apply in this case. This decision by Ben Butler was at odds with Lincoln's view of the war. Lincoln didn't consider Virginia to be a foreign country. In his view Virginia was still in the Union and they had no legal right to secede. Butler's action, however; was the first step in the direction of the future Emancipation Proclamation. ...