It will be seen, that, accurately
speaking, the term applies exclusively to the relation between a
belligerent and a neutral, and not to the relation between belligerents.
Under the strict law of nations, all the property of an enemy may be
seized. Under the Common Law, the property of traitors is forfeit. The
humaner usage of modern times favors the waiving of these strict rights,
but allows,--without question, the seizure and confiscation of all
such goods as are immediately auxiliary to military purposes. These
able-bodied negroes, held as slaves, were to be employed to build
breastworks, to transport or store provisions, to serve as cooks or
waiters, and even to bear arms. Regarded as property, according to their
master's claim, they could be efficiently used by the Rebels for the
purposes of the Rebellion, and most efficiently by the Government in
suppressing it. Regarded as persons, they had escaped from communities
where a triumphant rebellion had trampled on the laws, and only the
rights of human nature remained, and they now asked the protection of
the Government, to which, in prevailing treason, they were still loyal,
and which they were ready to serve as best they could.
The three negroes, being held contraband of war, were at once set to
work to aid the masons in constructing a new bakehouse within the fort.
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