"I Man belonging to Mr. Thomas Todd.

"2 Men 3 Women belonging to Mr. Henry Lewis.

"2 Men 2 Women belonging to Mr. William Pawley.

"One of the negroes is an elderly sensible man, calls himself James, and says he is free, which we have no reason to doubt the truth of. He also says that he with the rest of the Negroes were taken from a place called Georgetown." I

Pending the action of the lawful owners of these captives, the council instructed the commandant of Castle Island, Col. Paul Revere, to place out to service, in different towns, some of the Negroes, with the understanding that they should be delivered up to the authorities on their order. Some were delivered to gentleBut in the fall of 1779 quite

men who desired them as servants..

a number were still on the island, as may be seen by the following touching letter:

"The Scituation of these Negroes is pitiable with respect to Cloathing.

"OCT. 12, 1779."

"I am, Gent.

"Your very hum. Servt.

"John Hancock." a

Mass. Archives, vol. cli., pp. 292-294.

2 The indefatigable Dr. George H. Moore copied the letter from the original manuscript. The portions in Italics are in the handwriting of Hancock. I have been placed under many obligations to my friend Dr. Moore.

In the mean time some of the reputed owners of the Negroes at Castle Island had come from Charleston, S.C., to secure their property. When they arrived in Boston they secured the services of John Codman, Isaac Smith, and William Smith, who on the 15th of November, 1779, petitioned the Council for the "restitution" of slaves taken by a British privateer, and retaken by two armed vessels of Massachusetts. A committee was appointed to consider the petitions, and report what action should be taken in the matter. Two days later another petition was presented to the Council by one John Winthrop, "praying that certain negroes, who were brought into this state by the Hazard and Tyrannicide, may be delivered to him." It was referred to the committee appointed on the 15th of November. On the 18th of November, "Jabez Fisher, Esq., brought down a report of the Committee of both Houses on the petition of Isaac Smith, being by way of resolve, directing the Board of War to deliver so many of the negroes therein mentioned, as are now alive. Passed in Council, and sent down for concurrence." The order of the House is, "Read and concurred, as taken into a new draught.

for concurrence."

It is printed among the resolves of November, 1779.

Sent up

"XXXI. Resolve relinquishing this state's claim to a number of Negroes, passed November 18, 1779.

“Whereas a number of negroes were re-captured and brought into this State by the armed vessels Hazard and Tyrannicide, and have since been supported at the expense of this State, and as the original owners of said Negroes now apply for them:

"Therefore Resolved, That this Court hereby relinquish and give up any claim they may have upon the said owners for re-capturing said negroes: Provided they pay to the Board of War of this State the expence that has arisen for the support and clothing of the Negroes aforesaid."

On the 12th of April, 1780, Massachusetts passed an Act providing more effectually "for the security, support, and exchange of prisoners of war brought into the State." It declares that

"All Prisoners of War, whether captured by the Army or Navy of the United States, or armed Ships or Vessels of any of the United States, or by the Subjects, Troops, Ships, or Vessels of War of this State, and brought into the same, or cast on shore by shipwreck on the coast thereof.... all such prisoners, so brought in or cast on shore (including Indians, Negroes, and

1 Resolves, p. 131.

Molatoes) be treated in all respects as prisoners of war to the United States, any law or resolve of this Court to the contrary notwithstanding." I

The above Act was passed in compliance with a resolution of Congress, Jan. 13, 1780; and it repealed an Act of 1777, that made no provisions for the capture of Negroes.

On the 23d of January, 1784, Gov. Hancock sent a message to the Legislature, transmitting correspondence received during the adjournment of the Legislature from Oct. 28, 1783, to Jan. 21, 1784. Calling the attention of the Legislature to this correspondence, he referred to a letter from "His Excellency the Governor of South Carolina, respecting the detention of some Negroes here, belonging to the subjects of that state. I have communicated it to the Judges of the Supreme Judicial Courttheir observations upon it are with the Papers. I have made no reply to the letter, judging it best to have your decision upon it." 2 The same papers on the same day were read in the Senate, and a joint committee of both houses was appointed. The committee reported to both branches of the Legislature on the 23d of March, 1784, and the report was adopted. A request was made of the governor to furnish copies of the opinions of the judges, etc.

"CLXXI. Order requesting the Governor to write to Governor Guerard of South Carolina, inclosing the letter of the Judges of the Supreme Judicial Court, March, 23d, 1784.

"Ordered, that his Excellency the Governor be requested to write to His Excellency Benjamin Guerard, Governor of South Carolina, inclosing for the information of Governor Guerard, the letter of the Judges of the Supreme Judicial Court of this Commonwealth, with the copy in the said letter referred to, upon the subject of Governor Guerard's letter, dated the sixth October, 1783."

The papers referred to seem to have been lost, but extracts are here produced:

"GOVERNOR GUERARD TO GOVERNOR HANCOCK, 6th October, 1783.

EXTRACT. "That such adoption is favoring rather of the Tyranny of Great Britain which occasioned her the loss of these States-that no act of British Tyranny could exceed the encouraging the negroes from the State owning them to desert their owners to be emancipated — that it seems arbitrary and domination-assuming for the Judicial Department of any one State, to prevent a restoration voted by the Legislature and ordained by Congress.

1 Laws, 1780, chap. v. pp. 283, 284.

2 Journal, vol. iv. pp. 308, 309.

That the liberation of our negroes disclosed a specimen of Puritanism I should not have expected from gentlemen of my Profession."

MEMORANDUM. "He had demanded fugitives, carried off by the British, captured by the North, and not given up by the interference of the Judiciary.' 'Governor Hancock referred the subject to the Judges."

"JUDGES CUSHING AND SARGENT TO GOVERNOR HANCOCK, Boston, Dec. 20, 1783.

EXTRACT. "How this determination is an attack upon the spirit, freedom, dignity, independence, and sovereignty of South Carolina, we are unable to conceive. That this has any connection with, or relation to Puritanism, we believe is above yr Excellency's comprehension as it is above ours. We should be sincerely sorry to do any thing inconsistent with the Union of the States, which is and must continue to be the basis of our Liberties and Independence; on the contrary we wish it may be strengthened, confirmed, and endure for ever." I

By the Treaty of Peace in 1783, Negroes were put in the same category with horses and other articles of property.2

"Negroes [says Mr. Hamilton], by the laws of the States, in which slavery is allowed, are personal property. They, therefore, on the principle of those laws, like horses, cattle and other movables, were liable to become booty - and belonged to the enemy, [captor] as soon as they came into his hands. Belonging to him, he was free either to apply them to his own use, or set them at liberty. If he did the latter, the grant was irrevocable, restitution was impossible. Nothing in the laws of nations or in those of Great Britain, will authorize the resumption of liberty, once granted to a human being." 3

On the 6th of May, 1783, Gen. Washington wrote Sir Guy Carleton:

"In the course of our conversation on this point, I was surprised to hear you mention, that an embarkation had already taken place, in which a large number of negroes had been carried away. Whether this conduct is consonant to, or how far it may be deemed an infraction of the treaty, is not for me to decide. I cannot, however, conceal from you, that my private opinion is, that the measure is totally different from the letter and spirit of the treaty. But waiving the discussion of the point, and leaving its decision to our respective sovereigns, I find it my duty to signify my readiness, in conjunction with your Excellency, to enter into any agreement, or take any measures, which may be deemed expedient, to prevent the future carrying away of any negroes, or other property of the American inhabitants." 4

1 From Mr. Bancroft's MSS., America, 1783, vol. ii. Quoted by Dr. Moore.

2 Sparks's Washington, vol. viii. p. 428, note.

4 Sparks's Washington, vol. viii. pp. 431, 432.

3 Works of Hamilton, vol. vii. p. 191.

In his reply, dated New York, May 12, 1783, Sir Guy Carleton says,

"I enclose a copy of an order, which I have given out to prevent the carrying away any negroes or other property of the American inhabitants." I

It is clear, that notwithstanding the Act of the Massachusetts Legislature, and in the face of the law of Congress on the question of recaptures, Gen. Washington, the Congress of the United Colonies, and subsequently of the United States, regarded Negroes as property from the beginning to the end of the war. The following treaties furnish abundant proof that Negroes were regarded as property during the war, by the American government :"PROVISIONAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY.

"Agreed upon by and between Richard Oswald, Esquire the Commissioner of His Britannic Majesty, for treating of Peace with the Commissioners of the United States of America, in behalf of his said Majesty, on one part, and John Adams, Benjamin Franklin, John Jay and Henry Laurens, four of the Commissioners of the said States, etc., etc., etc.

“Article VII. * * * All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes or other property' of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every port, place and harbour within the same. *** "Done at Paris, Nov. 30, 1782.

"RICHARD OSWALD, [L.S.] "JOHN ADAMS,

"B. FRANKLIN,

"JOHN JAY,

[L.S.]

[L.S.]

[L.S.]

"DEFINITE TREATY OF PEACE, BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY.

6

“Article VII. * * * And His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property' of the American inhabitants, withdraw all his armies, etc., etc.,