"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. 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."[603]
By the Treaty of Peace in 1783, Negroes were put in the same category with horses and other articles of property.[604]
"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."[605]
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."[606]
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."[607]
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, [l.s.]
"B. Franklin, [l.s.]
"John Jay, [l.s.]
"Henry Laurens, [l.s.]"[608]