Chapter 55
"_By Order of the Board_."
In accordance with the order of the Legislature, made on the 24th of June, the president of the Board of War, Samuel P. Savage, wrote a letter to the Ma.s.sachusetts delegates in Congress, dated "War Office June 29th 1779," calling attention to the re-captured Negroes. The letter closed with the following:--
"Every necessary for the speedy discharge of these people, we have no doubt you will take, that as much expense as possible may be saved to those who call themselves their owners."
The writer was at pains to enumerate, in his letter, such slaves as he was enabled to locate.
"5 Men 4 Women 4 Boys 1 Girl belonging to Mr. Wm. Vryne.
"9 Men 1 Woman belonging to Mr. Anthony Pawley.
"1 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."[598]
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 gentlemen who desired them as servants. But in the fall of 1779 quite a number were still on the island, as may be seen by the following touching letter:--
"BOSTON, Oct'r. 12. 1779. A Return of y'e Negroes at Castle Island, Viz.:
"NEGRO MEN.
"1. ANTHONY. 6. BOBB. 11. JUNE.
2. PARTRICK. 7. ANTHONEY. 12. RHOd.i.c.k.
3. PADDE. 8. ADAM. 13. JACK.
4. ISAAC. 9. JACK. 14. FULLER.
5. QUASH. 10. GYE. 15. LEWIS.
"_The above men are stout fellows_.
"NEGRO BOYS.
"No. 1. SMART.
2. RICHARD.
"_Boys very small_.
"NEGRO WOOMEN. NEGRO GIRLS.
"No. 1. KITTEY. No. 1. LYSETT.
2. LUCY. 2. SALLY 3. MILLEY. 3. MERCY.
4. LANDER.
"_Pretty large_. _Rather stout_.
"_Gentlemen.
"The Scituation of these Negroes is pitiable with respect to Cloathing.
"I am, Gen't.
"Your very hum. Serv't.
"John Hanc.o.c.k._"[599]
"OCT. 12, 1779."
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, pet.i.tioned the Council for the "rest.i.tution" of slaves taken by a British privateer, and retaken by two armed vessels of Ma.s.sachusetts.
A committee was appointed to consider the pet.i.tions, and report what action should be taken in the matter. Two days later another pet.i.tion 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 pet.i.tion 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. Pa.s.sed in Council, and sent down for concurrence." The order of the House is, "Read and concurred, as taken into a new draught. Sent up for concurrence."
It is printed among the resolves of November, 1779.
"x.x.xI. Resolve relinquis.h.i.+ng this state's claim to a number of Negroes, pa.s.sed November 18, 1779.
"Whereas a number of negroes were re-captured and brought into
"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."[600]
On the 12th of April, 1780, Ma.s.sachusetts pa.s.sed 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 s.h.i.+ps or Vessels of any of the United States, or by the Subjects, Troops, s.h.i.+ps, or Vessels of War of this State, and brought into the same, or cast on sh.o.r.e by s.h.i.+pwreck on the coast thereof... all such prisoners, so brought in or cast on sh.o.r.e (including Indians, Negroes, and Molatoes) be treated in all respects as prisoners of war to the United States, any law or resolve or this Court to the contrary notwithstanding."[601]
The above Act was pa.s.sed 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. Hanc.o.c.k sent a message to the Legislature, transmitting correspondence received dining 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 Court--their observations upon it are with the Papers. I have made no reply to the letter, judging it best to have your decision upon it."[602] 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 HANc.o.c.k, 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 emanc.i.p.ated--that it seems arbitrary and domination--a.s.suming 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 Hanc.o.c.k referred the subject to the Judges."
"JUDGES CUs.h.i.+NG AND SARGENT TO GOVERNOR HANc.o.c.k, 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 y'r 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, rest.i.tution 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. Was.h.i.+ngton 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,--