CHAPTER XXXII.

BRITISH INDEMNITY FOR DEPORTED SLAVES.

In this year was brought to a conclusion the long-continued

controversy with Great Britain in relation to the non-fulfilment of

the first article of the treaty of Ghent (1814), for the restitution

of slaves carried off by the British troops in the war of 1812. It

was a renewal of the misunderstanding, but with a better issue,

which grew up under the seventh article of the treaty of peace of

1783 upon the same subject. The power of Washington's administration

was not able to procure the execution of that article, either by

restoration of the slaves or indemnity. The slaves then taken away

were carried to Nova Scotia, where, becoming an annoyance, they

were transferred to Sierra Leone; and thus became the foundation

of the British African colony there. The restitution of deported

slaves, stipulated in the first article of the Ghent treaty, could

not be accomplished between the two powers; they disagreed as to

the meaning of words; and, after seven years of vain efforts to

come to an understanding, it was agreed to refer the question

to arbitrament. The Emperor Alexander accepted the office of

arbitrator, executed it, and decided in favor of the United States.

That decision was as unintelligible to Great Britain as all the

previous treaty stipulations on this same subject had been. She

could not understand it. A second misunderstanding grew up, giving

rise to a second negotiation, which was concluded by a final

agreement to pay the value of the slaves carried off. In 1827

payment was made--twelve years after the injury and the stipulation

to repair it, and after continued and most strenuous exertions to

obtain redress.

The case was this: it was a part of the system of warfare adopted

by the British, when operating in the slave States, to encourage

the slaves to desert from their owners, promising them freedom;

and at the end of the war these slaves were carried off. This

carrying off was foreseen by the United States Commissioners at

Ghent, and in the first article of the treaty was provided against

in these words; "all places taken, &c. shall be restored without

delay, &c., or carrying away any of the artillery, or other public

property originally captured in the said posts or places, and

which shall remain therein upon the exchange of the ratifications

of this treaty, or any slaves or other private property." The

British Government undertook to extend the limitation which applied

to public property to that which was private also; and so to

restore only such slaves as were originally captured within the

forts, and which remained therein at the time of the exchange of

ratifications--a construction which would have excluded all that

were induced to run away, being nearly the whole; and all that left

the forts before the exchange of ratifications, which would have

included the rest. She adhered to the construction given to the

parallel article in the treaty of 1783, and by which all slaves

taken during the war were held to be lawful prize of war, and free

under the British proclamation, and not to be compensated for. The

United States, on the contrary, confined this local limitation to

things appurtenant to the forts; and held the slaves to be private

property, subject to restitution, or claim for compensation, if

carried away at all, no matter how acquired.

The point was solemnly carried before the Emperor Alexander, the

United States represented by their minister, Mr. Henry Middleton,

and Great Britain by Sir Charles Bagot--the Counts Nesselrode

and Capo D'Istrias receiving the arguments to be laid before the

Emperor. His Majesty's decision was peremptory; "that the United

States of America are entitled to a just indemnification from

Great Britain for all private property carried away by the British

forces; and, as the question regards slaves more especially, for

all such slaves as were carried away by the British forces from the

places and territories of which the restitution was stipulated by

the treaty, in quitting the said places and territories." This was

explicit; but the British minister undertook to understand it as

not applying to slaves who _voluntarily_ joined the British troops

to free themselves from bondage, and who came from places never

in _possession_ of the British troops; and he submitted a note to

that effect to the Russian minister, Count Nesselrode, to be laid

before the Emperor. To this note Alexander gave an answer which is

a model of categorical reply to unfounded dubitation. He said: "the

Emperor having, by the mutual consent of the two plenipotentiaries,

given an opinion, founded solely upon the sense which results from

the text of the article in dispute, does not think himself called

upon to decide here any question relative to what the laws of war

permit or forbid to the belligerents; but, always faithful to the

grammatical interpretation of the first article of the treaty of

Ghent, his Imperial Majesty declares, a second time, that it appears

to him, according to this interpretation, that, in quitting the

places and territories of which the treaty of Ghent stipulates the

restitution to the United States, his Britannic Majesty's forces

had no right to carry away from the same places and territories,

absolutely, any slave, by whatever means he had fallen or come into

their power." This was the second declaration, the second decision

of the point; and both parties having bound themselves to abide

the decision, be it what it might, a convention was immediately

concluded for the purpose of carrying the Emperor's decision into

effect, by establishing a board to ascertain the number and value

of the deported slaves. It was a convention formally drawn up,

signed by the ministers of the three powers, done in triplicate,

ratified, and ratifications exchanged, and the affair considered

finished. Not so the fact! New misunderstanding, new negotiation,

five years more consumed in diplomatic notes, and finally a new

convention concluded! Certainly it was not the value of the property

in controversy, not the amount of money to be paid, that led Great

Britain to that pertinacious resistance, bordering upon cavilling

and bad faith. It was the loss of an advantage in war--the loss of

the future advantage of operating upon the slave States through

their slave property, and which advantage would be lost if this

compensation was enforced,--which induced her to stand out so long

against her own stipulations, and the decisions of her own accepted

arbitrator.

This new or third treaty, making indemnity for these slaves, was

negotiated at London, November, 1826, between Mr. Gallatin on the

part of the United States, and Messrs. Huskisson and Addington

on the part of Great Britain. It commenced with reciting that

"difficulties having arisen in the execution of the convention

concluded at St. Petersburg, July 12th, 1822, under the mediation

of his majesty the Emperor of all the Russias, between the United

States of America and Great Britain, for the purpose of carrying

into effect the decision of his Imperial Majesty upon the

differences which had arisen between the said United States and

Great Britain as to the true construction and meaning of the first

article of the treaty of Ghent, _therefore_ the said parties agree

to treat again," &c. The result of this third negotiation was to

stipulate for the payment of a gross sum to the government of the

United States, to be by it divided among those whose slaves had

been carried off: and the sum of one million two hundred and four

thousand nine hundred and sixty dollars was the amount agreed upon.

This sum was satisfactory to the claimants, and was paid to the

United States for their benefit in the year 1827--just twelve years

after the conclusion of the war, and after two treaties had been

made, and two arbitrations rendered to explain the meaning of the

first treaty, and which fully explained itself. Twelve years of

persevering exertion to obtain the execution of a treaty stipulation

which solely related to private property, and which good faith and

sheer justice required to have been complied with immediately! At

the commencement of the session of Congress, 1827-28, the President,

Mr. John Quincy Adams, was able to communicate the fact of the

final settling and closing up of this demand upon the British

government for the value of the slaves carried off by its troops.

The sum received was large, and ample to pay the damages; but that

was the smallest part of the advantage gained. The example and the

principle were the main points--the enforcement of such a demand

against a government so powerful, and after so much resistance, and

the condemnation which it carried, and the responsibility which it

implied--this was the grand advantage. Liberation and abduction

of slaves was one of the modes of warfare adopted by the British,

and largely counted on as a means of harassing and injuring one

half of the Union. It had been practised during the Revolution,

and indemnity avoided. If avoided a second time, impunity would

have sanctioned the practice and rendered it inveterate; and in

future wars, not only with Great Britain but with all powers, this

mode of annoyance would have become an ordinary resort, leading to

servile insurrections. The indemnity exacted carried along with

it the condemnation of the practice, as a spoliation of private

property to be atoned for; and was both a compensation for the past

and a warning for the future. It implied a responsibility which no

power, or art, or time could evade, and the principle of which being

established, there will be no need for future arbitrations.

I have said that this article in the treaty of Ghent for

restitution, or compensation, for deported slaves was brought

to a better issue than its parallel in the treaty of peace of

1783. By the seventh article of this treaty it was declared that

the evacuation (by the British troops) should be made "without

carrying away any negroes or other property belonging to the

American inhabitants." Yet three thousand slaves were carried away

(besides ten times that number--27,000 in Virginia alone--perishing

of disease in the British camps); and neither restitution nor

compensation made for any part of them. Both were resisted--the

restitution by Sir Guy Carleton in his letter of reply to

Washington's demand, declaring it to be an impossible infamy in a

British officer to give up those whom they had invited to their

standard; but reserving the point for the consideration of his

government, and, in the mean time, allowing and facilitating the

taking of schedules of all slaves taken away--names, ages, sex,

former owners, and States from which taken. The British government

resisted compensation upon the ground of war captures; that, being

taken in war, no matter how, they became, like other plunder, the

property of the captors, who had a right to dispose of it as they

pleased, and had chosen to set it free; that the slaves, having

become free, belonged to nobody, and consequently it was no breach

of the treaty stipulation to carry them away. This ground was

contested by the Congress of the confederation to the end of its

existence, and afterwards by the new federal government, from its

commencement until the claim for indemnity was waived or abandoned,

at the conclusion of Jay's treaty, in 1796. The very first message

of Washington to Congress when he became President, presented the

inexecution of the treaty of peace in this particular, among others,

as one of the complaints justly existing against Great Britain;

and all the diplomacy of his administration was exerted to obtain

redress--in vain. The treaties of '94 and '96 were both signed

without allusion to the subject; and, being left unprovided for in

these treaties, the claim sunk into the class of obsolete demands;

and the stipulation remained in the treaty a dead letter, although

containing the precise words, and the additional one "negroes,"

on which the Emperor Alexander took the stand which commanded

compensation and dispensed with arguments founded in the laws of

war. Not a shilling had been received for that immense depredation

upon private property; although the Congress of the confederation

adopted the strongest resolves, and even ordered each State to be

furnished with copies of the schedules of the slaves taken from it;

and hopes of indemnity were kept alive until extinguished by the

treaty of '96. It was a bitter complaint against that treaty, as the

Congress debates of the time, and the public press, abundantly show.

Northern men did their duty to the South in getting compensation

(and, what is infinitely more, establishing the principle that there

shall be compensation in such cases) for the slaves carried away

in the war of 1812. A majority of the commissioners at Ghent who

obtained the stipulation for indemnity were Northern men--Adams,

Russell, Gallatin, from the free, and Clay and Bayard from the slave

States. A Northern negotiator (Mr. Gallatin), under a Northern

President (Mr. John Quincy Adams), finally obtained it; and it is a

coincidence worthy of remark that this Northern negotiator, who was

finally successful, was the same debater in Congress, in '96, who

delivered the best argument (in my opinion surpassing even that of

Mr. Madison), against the grounds on which the British Government

resisted the execution of this article of the treaty.

I am no man to stir up old claims against the federal government;

and, I detest the trade which exhumes such claims, and deplore the

facility with which they are considered--too often in the hands of

speculators who gave nothing, or next to nothing, for them. But I

must say that the argument on which the French spoliation claim is

now receiving so much consideration, applies with infinitely more

force to the planters whose slaves were taken during the war of the

Revolution than in behalf of these French spoliation claims. They

were contributing--some in their persons in the camp or council,

all in their voluntary or tax contributions--to the independence

of their country when they were thus despoiled of their property.

They depended upon these slaves to support their families while

they were supporting their country. They were in debt to British

merchants, and relied upon compensation for these slaves to pay

those debts, at the very moment when compensation was abandoned by

the same treaty which enforced the payment of the debts. They had

a treaty obligation for indemnity, express in its terms, and since

shown to be valid, when deprived of this stipulation by another

treaty, in order to obtain general advantages for the whole Union.

This is something like taking private property for public use. Three

thousand slaves, the property of ascertained individuals, protected

by a treaty stipulation, and afterwards abandoned by another treaty,

against the entreaties and remonstrances of the owners, in order to

obtain the British commercial treaty of '94, and its supplement of

'96: such is the case which this revolutionary spoliation of slave

property presents, and which puts it immeasurably ahead of the

French spoliation claims prior to 1800. There is but four years'

difference in their ages--in the dates of the two treaties by which

they were respectively surrendered--and every other difference

between the two cases is an argument of preference in favor of

the losers under the treaty of 1796. Yet I am against both, and

each, separately or together; and put them in contrast to make one

stand as an argument against the other. But the primary reason for

introducing the slave spoliation case of 1783, and comparing its

less fortunate issue with that of 1812, was to show that Northern

men will do justice to the South; that Northern men obtained for

the South an indemnity and security in our day which a Southern

Administration, with Washington at its head, had not been able to

obtain in the days of our fathers.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 32 / 166 章