The small Virginia fort that became a beacon of hope for 10,000 enslaved Americans

Butler’s Contraband Decision at Fort Monroe

On a dark May night in 1861, three brave men changed history with a small boat and big hopes.

Frank Baker, James Townsend, and Sheppard Mallory rowed across Hampton Roads to Fort Monroe, fleeing Confederate work camps.

When their owner sent Major Cary to get them back the next day, Union General Benjamin Butler had a bold idea. Since Virginia had just left the Union, Butler called the men “contraband of war” instead of slaves.

Word spread fast. Soon, hundreds more sought freedom at the fort. The news hit like wildfire through slave communities.

Fort Monroe stands today as “Freedom’s Fortress,” where you can walk the grounds where American freedom took on new meaning.

Three Enslaved Men Faced a Life-Changing Choice

Frank Baker, James Townsend, and Shepard Mallory learned their owner planned to send them to North Carolina.

Colonel Charles King Mallory wanted them for Confederate construction work, forcing them away from their families in Hampton with no return date.

All three worked as field hands near Hampton, Virginia, living close enough to see their wives and children regularly before the war.

Colonel Mallory owned many slaves on his Elizabeth City County plantation and held power as a Virginia judge and politician.

Confederate Guards Watched Their Every Move

The three men built artillery batteries at Sewell’s Point near Norfolk, working alongside hundreds of other enslaved laborers forced into Confederate service.

The 115th Virginia Militia watched over them, carrying a flag with the words “Give me liberty or give me death” while denying freedom to the men they guarded.

The batteries they built would fire at Union soldiers across Hampton Roads harbor. Guards kept close watch on all workers to prevent escapes.

Virginia Left the Union at the Perfect Moment

On May 23, 1861, Virginia voters made it official: they joined the Confederate States of America. Union General Benjamin Butler tried to stop the vote by sending troops, but failed.

This timing proved key because Virginia no longer followed U.S. laws, including the Fugitive Slave Act of 1850. Fort Monroe became a Union island surrounded by Confederate territory.

Butler, a lawyer from Massachusetts, arrived at Fort Monroe on May 22, just one day before Virginia’s secession became official.

A Dangerous Midnight Journey Across the Harbor

Under the cover of darkness on May 23, 1861, Baker, Townsend, and Mallory stole a small boat and rowed across Hampton Roads toward Fort Monroe.

Moving at night without permission could get enslaved people killed under Confederate rule. They paddled quietly through the water, unsure if Union soldiers would help them or send them back.

The men risked capture by Confederate patrols, drowning, or execution if caught trying to escape.

Union Soldiers Didn’t Know What to Do With Them

The three men arrived at Fort Monroe early on May 24, 1861, asking for protection. They brought useful information about Confederate gun positions and troop numbers at Sewell’s Point.

Union soldiers weren’t sure what to do since no clear rules existed for handling escaped slaves when the war started. Fort Monroe stood as a place of painful history, where the first enslaved Africans arrived in 1619.

A Lawyer-Turned-General Outsmarts the Confederates

Confederate Major John B. Cary came to Fort Monroe on May 24, 1861, under a white flag to demand the return of the three men.

Cary spoke for Colonel Mallory and pointed to the Fugitive Slave Act of 1850, which required escaped slaves to be sent back. General Butler and Major Cary knew each other from the 1860 Democratic National Convention.

Butler used his legal background to come up with a clever argument against returning the men.

Butler Creates a Legal Loophole That Changes History

Butler told Major Cary that since Virginia left the Union, he had “no obligations to a foreign country, which Virginia now claims to be.”

He called the three men “contraband of war” because the Confederates used them to build military fortifications against the United States.

This wording treated enslaved people as captured enemy property with military value. Butler found a way to protect the men without directly attacking slavery itself.

Freedom Seekers Flood to the Fort

News about Butler’s decision spread quickly through enslaved communities across southeastern Virginia. By May 25, just one day later, dozens more freedom-seekers started showing up at Fort Monroe looking for protection.

Within a month, over 500 additional enslaved people made their way to Fort Monroe, following the path created by Baker, Townsend, and Mallory.

Butler wrote to General Winfield Scott on May 27 that the contraband slaves under Union protection totaled more than $60,000 in value.

Lincoln Backs the Plan While Politicians Argue

President Lincoln approved Butler’s contraband policy, though he worried about how it might affect border states still in the Union.

The policy helped Lincoln weaken Confederate military strength without declaring full emancipation. Lincoln removed other generals who tried broader freedom policies.

The War Department supported Butler’s contraband solution as other Union commanders faced similar situations with escaped slaves.

Northern abolitionists cheered the decision while Southern newspapers attacked it as theft.

Congress Makes It Official Federal Policy

Senator Lyman Trumbull from Illinois introduced a bill in July 1861 to turn Butler’s contraband decision into federal law.

After the Confederate win at Bull Run showed the war would last longer, Congress wanted to cut off the South’s access to slave labor. The First Confiscation Act passed the House 60-48 and Senate 24-11.

Lincoln signed the Confiscation Act on August 6, 1861, making contraband status the official U.S. policy.

Three Men’s Courage Transformed the Civil War

By the time the war ended, about 500,000 formerly enslaved people gained contraband status behind Union lines.

Thousands of contraband men later joined the United States Colored Troops when Black military recruitment began in 1863.

Butler’s decision laid the groundwork for the Emancipation Proclamation and eventually the Thirteenth Amendment that ended slavery.

Fort Monroe earned its nickname “Freedom’s Fortress” as contraband camps, schools, and recruitment centers sprang up.

Visiting Fort Monroe National Monument, Virginia, Virginia

Visit Fort Monroe National Monument at 30 Ingalls Road to learn about Butler’s contraband decision that made this “Freedom’s Fortress.”

Get free timed tickets at the visitor center (Wednesday-Sunday 9:30am-4:30pm) for the Casemate Museum (Tuesday-Sunday 10am-4pm). You can see Jefferson Davis’s prison cell and original fort casemates with cannons.

Join Black Heritage walking tours Sunday-Tuesday at 1pm. The park grounds are open 5am-midnight daily with free entrance.

This article was created with AI assistance and human editing.

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