the Union is fully acknowledged. The ordinary forms of Judicial
proceeding, which must be respected by Military and Civil authorities
alike, will suffice for the enforcement of all legal claims.

"But in States wholly or partially under Insurrectionary control, where
the Laws of the United States are so far opposed and resisted that they
cannot be effectually enforced, it is obvious that rights dependent on
the execution of those laws must, temporarily, fail; and it is equally
obvious that rights dependent on the laws of the States within which
Military operations are conducted must be necessarily subordinated to
the Military exigences created by the Insurrection, if not wholly
forfeited by the Treasonable conduct of parties claiming them. To this
general rule, rights to Services can form no exception.

"The Act of Congress, approved August 6, 1861, declares that if Persons
held to Service shall be employed in hostility to the United States, the
right to their services shall be forfeited, and such Persons shall be
discharged therefrom. It follows, of necessity, that no claim can be
recognized by the Military authorities of the Union to the services of
such Persons when fugitives.

"A more difficult question is presented in respect to Persons escaping
from the Service of Loyal masters. It is quite apparent that the laws
of the State, under which only the services of such fugitives can be
claimed, must needs be wholly, or almost wholly, suspended, as to
remedies, by the Insurrection and the Military measures necessitated by
it. And it is equally apparent that the substitution of Military for
Judicial measures for the enforcement of such claims must be attended by
great inconveniences, embarrassments, and injuries.