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What does the term "contraband" refer to?


What does the term "contraband" refer to?

You may have noticed, or may notice, after reading this note, that the characters use the seemingly innocuous term "contraband" or "contrabands".

For those who don't know, the seemingly innocuous term "contraband" refered to the human beings who were held as slaves, in the breakaway states, who escaped, and made it to the Union held areas, or who had lived in a region the Union captured.

Weren't they automatically free, once they made it to the Union areas? My understanding is that they were able to enjoy a measure of de facto freedom, they were not, until the Emancipation Proclamation, one hundred percent free. My understanding is during the decades prior to the civil war southern legislators had been able to convince Congress to pass laws that authorized bounty hunters to go to free states to recapture runaway slaves, who weren't fully free until they made across the US border into British North America. Upper Canada, what is now Ontario, was the first jurisdiction in the British Empire to outlaw slavery, around 1790.

Does this mean that if some or all of the secessionist states had negotiated a peaceful return to the Union that those individuals the Union classified as contraband, while at war, might have faced being involuntarily returned to their former bondage? I dunno. At some point Lincoln's policy became unconditional surrender, which suggests no slave state could negotiate a return to the Union. But if Lincoln had died earlier, or the war had gone on longer, a new President could have dropped the unconditional surrender, putting the fate of the so-called "contrabands" up in the air.

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Legally there was no justification for keeping them free until the 13th Amendment other than the fact that they could basically be classified as valuable war material.

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Legally there was no justification for keeping them free until the 13th Amendment other than the fact that they could basically be classified as valuable war material.
Are you sure?

James Green, Emma's dad, the owner of the hotel, wasn't receiving any rent. In order to receive his rent he had to swear some kind of oath of loyalty to the Union. Green's dilemma was that he also owned property in the Confederate zone, and that property would be seized by the Confederate government if he did swear loyalty to the Union.

That kind of implied that all the property of southerners who wouldn't swear that loyalty oath was forfeit -- including their slaves.

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Property/"property" considered an asset to the war effort could be seized when it fell under the control of the enemy. Slaves were an asset that allowed the South to keep fighting, so the Union was justified in not returning the slaves. If the war ended, there wouldn't be a war effort so the justification for refusing to return slaves would be nonexistent.

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The Union Army never paid for the use of the Hotel. The Green family did, finally, receive some funds -- decades later.

I wonder, if compensation to the Greens took so long, maybe that suggests escaped slaves would also have had decades to evade their former owners, if they were from states that arranged a separate peace


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Contraband was a term used to refer to slaves who had escaped to union lines. Doing so would not necessarily have led legally to freedom. Prior to the Civil War there had been a series of fugitive slave laws which allowed owners to seek to recover their escaped slaves.

But Northerners balked at the idea of having to hand back slaves to "traitors" in the South, especially when the Confederacy was using slaves to construct fortifications and other military structures.

The idea of contraband came from Benjamin Butler, a lawyer and Union general originally stationed in Virginia. Under the laws of war at the time, beliggerants could legal confiscate enemy property that might be useful to the enemies war effort. This property was known as contraband. Butler came up with the idea of applying this legal designation to the human property which was flooding into his fort in Virginia.

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