Notwithstanding further orders which were issued by Sir Guy Carleton, May 12, 1783, to prevent the carrying away of any Negroes or other property of the American inhabitants many other infractions of the provision were reported.[18] Even General Washington remarked[19] that "some of his own slaves and those of friends living with him were probably carried away to New York." "If by chance," continued he, "you should come at the knowledge of any of them, I will be much obliged by your securing them so that I can obtain them again." So numerous were the violations of this part of the treaty that Thomas Jefferson, Secretary of State, in a letter written to Vergennes, the Foreign Minister of France, asked for suggestions from France in regard to the infractions of this article of the Treaty of Paris. In it, he expressed the objection of the Crown, which was to the effect that Negroes had come within the British lines under the promise of freedom and protection and that this promise was fulfilled by Great Britain in preference to the stipulation in the treaty.[20]
The situation became more aggravated. The breach between the two countries was gradually widening. Sensing this acute situation, Washington suggested that Carleton meet him in a conference at Orangetown, New Jersey, May, 1783. At one of their meetings Washington called the attention of Carleton to several resolutions passed by Congress relating to the return of all Negroes and other property of American inhabitants taken away by the British forces. Concerning these, Carleton replied that he wished to be considered as giving no construction of the treaty, but that he "conceived it could not have been the intention of the British Government by the treaty of peace to reduce themselves to the necessity of violating their faith to the Negroes who came within the British lines under the proclamation of the predecessors in command."[21] In point of fact, however, he said "delivering up the Negroes to their former masters would be delivering them up—some to execution and others to punishments which would in his own opinion be a dishonorable violation of the public faith." He concluded, nevertheless, that if the sending off of the Negroes should hereafter be declared an infraction of the treaty, "compensation ought to be made by Great Britain to the owners."[22]
In regard to the last suggestion of Carleton, Washington observed that many difficulties would arise in compensating the proprietors for their Negroes. He also thought it impossible to ascertain the value of the Negroes, for the value of a slave, contended he, "consists chiefly in his industry and sobriety." Another difficulty Washington observed was that of identifying the slave. He was of the opinion that the slave would give the wrong name of his master. Washington considered this conduct on the part of General Carleton, moreover, a departure from both the letter and spirit of the Seventh Article of the Treaty of Paris.
In answer to these contentions Carleton said that as the Negroes were free and secured against their masters they could have no inducement to conceal their true name or that of their masters. In commending compensation Carleton was of the opinion that he was pursuing a course which would operate most for the security of the proprietors. "If the Negroes were left to themselves," he remarked, "numbers of them would very probably go off and not return to the parts of the country from whence they came or clandestinely would get on board the transports in such a manner as would not be in his power to prevent." "In either case," continued Carleton, "an inevitable loss would ensue to the proprietors."[23] But as the business was then conducted they had at least a chance for compensation.
In conformity with these views, Carleton suggested that commissioners be appointed by the two countries "to agree upon the mode of compensating as well as the amount and other points with respect to which there was no provision made in the treaty." This suggestion was approved by Congress, and in compliance with it Egbert Benson, William Smith, and Daniel Parker were appointed[24] with specific instructions from Washington to "assist representatives of Great Britain in inspecting and superintending the embarkation of persons and property in fulfillment of the Seventh Article of the Treaty of Paris."[25]
These commissioners began their work immediately by examining the claim of one Phillip Lott to a Negro named Thomas Francis[26] on board a vessel called the Fair American in New York harbor and about to be carried to the island of Jamaica. Concerning this inquiry a pointed remonstrance was made to Sir Guy Carleton. After the details of the examination were presented to him, the commissioners requested Great Britain to prohibit its representatives from carrying away the Negro and to deliver Francis to Lott. Notifying Washington, June 14, 1783, of their progress, the commissioners reminded him that Sir Guy Carleton intimated an impropriety in the claim, as the property was not suggested to be in danger of being sent away. "This left room," said the commissioners, "for an idea that possibly property about to be sent away would be restored ... and we conceive it is now reduced to a certainty that all applications for the delivery of property will be fruitless and we therefore desist from them."[27]
A few days later the commissioners reported to Washington that in superintending an embarkation of fourteen transports bound for Nova Scotia "about 3000 souls, among whom were at least 130 Negroes who appeared to be property of the citizens of the United States," were carried away. They also indicated that these embarkations were made in spite of their presence and remonstrance and for this reason asked General Washington for "further directions on this subject."[28] Other reports of the commissioners to General Washington, June 17, 1783, show that on many other occasions Negroes not residing within the British lines were taken away. To the remonstrances of the commissioners, Sir Guy Carleton gave a deaf ear. They, in the meantime, wrote General Washington that they had interpreted Carleton's silence as a "determination that all future applications should remain equally unnoticed." That they realized that their efforts were fruitless goes without saying, for they confessed that their work was ineffective and that the British vessels were never subjected to any rigid inspections and it was, therefore, impossible to determine, from the register provided by Sir Guy Carleton, the exact number of Negroes carried away in those vessels.[29]
The work of the commissioners, nevertheless, was noteworthy. They called Washington's attention to the fact that Sir Guy Carleton affected to distinguish between the cases of such Negroes as came within the British lines in consequence of the promise of freedom and protection promulgated by Carleton's predecessors and such as came in either previous to the proclamations or subsequent to the cessation of hostilities. "Negroes of the first description," insisted Carleton, "were not included in the treaty." The commissioners soon realized that even this limited construction given to the article was not intended to be fulfilled by Carleton's subordinate officers. They based their contention upon the fact that printed certificates granting Negroes the privilege of embarking[30] were distributed by the commandant of New York City, "as their convenience might require."[31] These certificates fell into the hands of many persons for whom they were not intended. So loosely were they distributed that one was picked up by the commissioners who transmitted the same to General Washington.
On the other hand, the commissioners insisted that the treaty stipulated specifically that his Brittanic Majesty should withdraw all his armies, garrisons and fleets from the United States and from every port, place and harbor within the same without causing any destruction or carrying away any Negroes or other property of the American inhabitants.[32] With these two interpretations of the Seventh Article invariably insisted upon by Carleton on the one hand and the commissioners on the other an agreement was less likely to be reached and, in spite of the efforts to the contrary, the deportation of Negroes took place steadily until all the British departed.[33]
In the meantime, Congress was discussing the ratification of the Treaty of Paris. The non-observance of the Seventh Article on the part of Great Britain and the destruction worked by Carleton evoked many resolutions opposing the ratification of the treaty for the expressed reason that it did not provide for the loss of Negroes. One of these resolutions was to the effect that it was "inexpedient to concur in passing laws necessary for carrying into effect the treaty."[34] These efforts of Congress, however, like those of the commissioners were of no avail. Complaints of American citizens of the loss of their property were expressed by the representatives in Congress. They, to be sure, had their effect, for soon thereafter, Congress transferred the question of the return of Negroes to the realm of actual diplomacy.[35]