A Union General Found a Loophole in the Fugitive Slave Act, Causing 1 Million Slaves to Flee North

After the passage of the Fugitive Slave Act in 1850, enslaved people feared running away to the North, as their return was mandated, and they faced brutal punishment or even death upon return to deter others from escaping. But that changed during the Civil War. Black slaves in Confederate Virginia began hearing rumors that they could receive their freedom if they reached the Union’s Fort Monroe. Union General Benjamin Butler found a loophole in the Fugitive Slave Act that allowed slaves who fled to Northern lines to be treated as "contraband of war"—seized enemy property—under the Confiscation Act of 1861. This meant they would be set free instead of being returned to slaveholders. Butler did this to deplete the Confederacy's labor force and bolster Union morale by offering refuge to escaping enslaved people. Word spread across the state.

In a short time, nearly a thousand former slaves formed a camp outside the fort. Many worked to sustain the camps, growing crops like corn or cotton on nearby abandoned lands to feed themselves and generate resources. Men, women, and even children contributed to the war effort through various tasks, such as building fortifications, digging trenches, or serving as cooks, nurses, or laborers for Union troops. Freedpeople established schools, often with the help of Northern missionaries or organizations like the American Missionary Association, teaching literacy to adults and children. Other contraband camps sprang up, and by the end of the war, 800,000 former slaves had established over 200 of them.

Today’s guest is Tom Zoellner, author of “The Road Was Full of Thorns: Running Toward Freedom in the American Civil War.” We discuss how these camps fostered interracial interactions that shifted public opinion toward abolition, highlighting the agency of enslaved people in their own liberation. The Emancipation Proclamation was a delayed response to these grassroots movements, not a singular heroic act. The camps’ role in challenging slavery’s legal and social foundations helped reshape the trajectory of the Civil War.

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