CHAPTER VIII

GENERAL OBSERVATIONS

The curse of Negro slavery affected the whole English speaking world;

and that part of the world where it was commercially profitable

resisted its abolition. The British part of this world does not need

to assert any higher sense of justice and right than had those who

lived in the Northern States; and it may well be that had Negro slave

service been as profitable in Canada as in the Cotton States, the

heinousness of the sin might not have been more manifest here than

there. Nevertheless we must not too much minimize the real merit of

those who sought the destruction of slavery. Slaves did not pay so

well in Canada as in Georgia, but they _paid_.

It is interesting to note the various ways in which slavery was met

and finally destroyed. In Upper Canada, the existing slaves, 1793,

remained slaves but all those born thereafter were free, subject to

certain conditions of service. There was a statutory recognition of

the existing status and provision for its destruction in the

afterborn. This continued slavery though it much mitigated its

severity and secured its downfall in time. But there were slaves in

Upper Canada when the Imperial Act of 1833 came in force. The Act of

1793 was admittedly but a compromise measure; and beneficial as it was

it was a paltering with sin.

In Lower Canada, there was no legislation, and slavery was never

formally abolished until the Imperial Act of 1833; but the courts

decided in effect if not in form that a master had no rights over his

slave, and that is tantamount to saying that where there is no master

there is no slave. The reasoning in these cases as in the Somerset

case may not recommend itself to the lawyer but the effect is

undoubtedly, "Slaves cannot live in Lower Canada."

In Nova Scotia, there was no decision that slavery did not exist.

Indeed the course of procedure presupposed that it did exist, but the

courts were astute to find means of making it all but impossible for

the alleged master to succeed; and slavery disappeared accordingly.

In New Brunswick the decision by a divided court was in favor of the

master; but juries were of the same calibre and sentiments in New

Brunswick as in Nova Scotia and the same results were to be

anticipated, if Nova Scotian means were used; and the slave owners

gave way.

In the old land, judicial decision destroyed slavery on the British

domain; but conscience and sense of justice and right impelled its

destruction elsewhere by statute; and the same sense of justice and

right impelled the Parliament of Great Britain to recompense the

owners for their property thus destroyed. If there be any more

altruistic act of any people in any age of the world's history I have

failed to hear or read of it.

In the United States, slavery was abolished as a war measure. Lincoln

hating slavery as he did would never have abolished it, had he not

considered it a useful war measure. No compensation was paid, of

course.[1] Everywhere slavery was doomed and in one way or another it

has met a deserved fate.

WILLIAM RENWICK RIDDELL

JUSTICE OF THE SUPREME COURT OF ONTARIO,

OSGOOD HALL, TORONTO,

February 5, 1920

FOOTNOTES:

[1] I had with the late Hon. Warwick Hough of St. Louis, Missouri, who

had been an officer in the Southern Army, several conversations on the

subject of slavery. He gave it as his firm conviction that, had the

South succeeded in the Civil War, it would shortly have itself

abolished slavery and sought readmission to the Union. His proposition

was that the power and influence of the planter class was waning,

while the manufacturers, merchants and the like were increasing in

number and influence and they would have for their own protection

abolished slavery. I have not met a Northerner or a Canadian who

agreed with this view; but a few Southerners have expressed to me

their general concurrence with my friend's proposition.

BOOK REVIEWS

_Africa and the Discovery of America._ Volume I. By LEO WIENER,

Professor of Slavic Languages and Literatures at Harvard

University. Innes & Sons, Philadelphia, Pa., 1920. Pp. i-xix,

1-290.

The present volume is the first of a series in which Professor Wiener

will show that Arabicised Negroes, chiefly Mandingoes, brought to

America as slaves, profoundly influenced the culture of the Indians,

and were an important, if not always direct factor in establishing the

_modus vivendi_ between the Indians and the Europeans, which made

practicable the colonization of the New World.

The book is packed with valuable data, newly discovered, and brought

together for the first time. It should be read slowly, and read

through at least twice before judgment is passed on it. With the first

reading comes a shock. One learns that the _Journal of the First

Voyage_, and the _First Letter of Columbus_ are literary frauds,

though containing material which came from Columbus's own pen, and

that tobacco, manioc, yams, sweet potatoes and peanuts are not gifts

of the Indian to the European. Yet with a more intimate study of the

subject matter, the conviction increases that the author has built

upon the bed-rock of fact, and that his position is unassailable.

It is impossible, within the limits of a review, to do more than to

emphasise the most important of his discoveries. In his studies of the

_First Letter_, and of the _Journals_ giving account of the first and

the second voyages of Columbus, Professor Wiener seeks to determine

how much testimony they give pertaining to Indian names and things,

after the elimination of all that is not Indian. The non-Indian

elements are of two sorts; the names of the Islands, and the words for

"gold," etc. Columbus, dominated by the fixed idea, that, sailing

westward, he would find a short cut to India, China and Japan, began

with the first sight of land, to be engrossed with the task of

identifying each newly discovered country with some island or district

of the Far East, named on his maps. He was an ignorant man, though he

knew Ptolemy and Marco Polo by heart, credulous, uncritical, not

consciously dishonest, but unready to correct false impressions caused

by his ignorance and gullibility. His notes, as may be seen from a

reproduction of a page of his manuscripts (facing p. 38), were in an

execrable hand. The forger of the _Journal of the First Voyage_ was no

puzzle expert, and made mistakes in deciphering scrawls. Thus, for

example, the note _Giaua min._, _i.e._, Java minor, was read

_Guanahin_, the same destined to masquerade as _Guanahani_, the Indian

name of the first island sighted on October 12, 1492.

Perhaps the best specimen of such ghost-words in the _Journal_ is the

name _Carib_. This is nothing but Marco Polo's _Cambalu_, the capital

of the Grand Khan, successively misread as Canibal, Caniba, Cariba. So

also, "canoe" is a ghost-word, traced to a misreading of _scaphas_ as

_canoas_ in the manuscript, or the Gothic text of the Latin version of

the First Letter. It is interesting to learn that _maize_, in the

forms _masa_, _maza_, ultimately from Portuguese _mararoca_, is the

African name for Guinea corn. The transference of the name from Guinea

corn to Indian corn, "rests on a misunderstanding of a passage in

Peter Martyr's _First Decade_" (p. 123).

The question arises whether or not there had been a colony of

Europeans, with African slaves in America, before the arrival of

Columbus.

Fray Ramon Pane, Oviedo, and Las Casas give _conico_ as the Indian

word for "farm, plantation." This is clearly the Mandingo _kunke_

"farm." The Indian word for "golo," according to the Journal entry for

January 13, 1493, is _caona_. It is found also in the name of _Cacique

Caonabo_, called in the _Journal of the Second Voyage_ "master of

mines,"--the name being explained in the Libretto as "lord of the

house of gold." Now the words for "gold" in the Negro languages are

mostly derived from Arabic _din[=a]r_, which, through Hausa _zinaria_,

and Pul _kanyera_, reaches Vei as _kani_. Evidently _canoa_, written

also _guani_, is nothing but this Vei word. In "Cacique Caonabo," we

have three Mande words in juxtaposition. _Cacique_ is not far removed

from _kuntigi_, Soso _kundzi_, "chief,"--_caona_, that is _kani_, is

"gold," and _boi_, from Arabic _beii_, _bai_, is "house." The chance

that three such words should be identical in the dissimilar languages

of Africa and America, is _nil_. The words are African, though

represented as belonging to the spoken language of the New World.

Moreover, Ramon Pane, in the account he wrote for Columbus of the

Indian religion, gives as Indian words, the Mande _toto_, "frog," and

the Malinke _kobo_, "bug." What is more important, he imputes to the

Indians, a knowledge of the terrible West African itch, or _craworaw_,

which he calls by the supposed Indian name _caracaracol_. The critic

faces a dilemma. Either Ramon Pane lied, or he told the truth. Either

he fabricated stories of Indians, which he drew from books or

manuscript relations by Spanish and Portuguese traders, who were

writing about Negroes in Africa, or there had been in Hispaniola, a

pre-Columbian colony of European adventurers, with their African

slaves, who taught the Indians the Negro words for "farm, gold, frog,

bug, itch," etc., and also African folk-lore. No other hypothesis is

possible.

{Transcriber's Note: The following paragraphs contain a number of

characters with diacritical marks which are represented as follows:

[=a] a-macron

[=o] o-macron

[=e] e-macron

[>e] e-caron

[>z] z-caron}

The documentary and philological history of tobacco smoking and the

cultivation of edible roots, shows additional convincing evidence of

the influence of Africa on the culture of America in the colonial

period. Columbus never saw the Indians smoking tobacco. According to

the _Journal of the First Voyage_, on October 15, 1492, an Indian

brought him a ball of earth and certain precious dried leaves. On

November 16, two Spaniards reported that the Indians, carrying

firebrands and leaves, used them to "take incense." In the _Journal of

the Second Voyage_, Columbus (this part of the Journal is definitely

ascribed to him by his son) writes of Indians spreading powder on a

table, and sniffing it through a forked reed, thereby becoming

intoxicated. Now the first account is suspiciously like a book-story

of Oriental hashish-taking.--the second has no implication of smoking

at all, while the third describes nothing but the process of taking a

sternutatory. Indeed this last account is clearly based on a book

account, in which there was a play on the Arabic words _tubb[=a]q_

"styptic" and _tabaq_ "table." Ramon Pane, when he tells of Indians

sniffing the powder, calls it _caboba_, a mere Italianisation of the

Arabic _qasabah_ "reed," transferring the name of the inhaler to the

drug. Smoking tobacco through a forked reed of the sort described, has

been proved by trial, to be impossible. As late as 1535, Oviedo is

unable to tell a straightforward story of Indians smoking tobacco, but

he adds the significant fact that the Negroes in the West _Indies_

smoked and cultivated tobacco. Negroes, by the way were first allowed

to come to America in 1501,--two years later, Ovando, the governor of

Hispaniola complained that they joined with the Indians to make

trouble. By 1545, "smoking had become fairly universal in America" (p.

127). It cannot be argued that half a century is too short a time for

a new vice to become so widespread. Consider the case of banana

culture. Oviedo says that the first bananas were introduced into

America in 1516. Within twenty years, the fruit was universally

cultivated, while the Spanish name _platano_ has survived in a large

number of derivatives in the Indian languages.

As far as the linguistic history of the tobacco-words in the Indian

languages is concerned, it leads back to an eastern origin. In Arabic,

_tubb[=a]q_ means "styptic." Tobacco leaves were used as a styptic by

the Indians of Brazil in the sixteenth century. The Low Latin

equivalent of the Arabic _tubb[=a]q_ "styptic," is _bitumen_, whence

Portuguese _betume_, and French _betun_, _petun_. "The French

traders," says Professor Wiener, "at the end of the sixteenth century,

carried the word and the Brazilian brand of tobacco to Canada, and

_petun_ became imbedded in several Indian languages. The older Huron

word for "tobacco" is derived from the Carib _yuli_, which itself is

from a Mandingo word. Thus, while the Carib and Arawak influence is

apparent in the direction from Florida, to the Huron country, the

Brazilian influence proceeds up the St. Lawrence. The whole Atlantic

triangle between these two converging lines was left uninfluenced by

these two streams, and here, neither Carib nor Brazilian words for

"tobacco," nor the moundbuilders' craft have been found. Here the

"tobacco" words proceeded northward from Virginia, where the oldest

form of the words is an abbreviated Span. _tabaco_, or Fr. _tabao_ (p.

191). The Carib _yuli_ "smoke," is found in Carib and Arawak, side by

side with derivatives of Mande _tama_, _tawa_, which are also in the

Algonkian languages. The fact that the Hurons, apparently the first

Indians to plant tobacco, have no native word for the plant is

significant. It shows that the Hurons learned to smoke from the

Arawaks or Caribs, then already under Negro influence, and at a time

prior to the introduction of the tobacco-plant into Canada by the

French. When we consider, then, that tobacco is native to Africa, that

_tubb[=a]q_ and _petun_ are the ancestors of the Indian names for the

weed, that by 1503, Negroes in large numbers were living in America,

deserting their masters to join the Indians, that the Negroes in

America smoked and raised tobacco, the conclusion is inescapable that

tobacco smoking was discovered and taught by them to the Indians and

the Europeans.

"The tobacco-pipe in America," says Professor Wiener, "began its

career as a Mandingo amulet" (p. 184). This statement will distress

the American archaeologists, but the arguments in support of it cannot

be overcome. A counter-claim of pre-Columbian antiquity for pipes

found in the mounds cannot be made, since it is so clearly shown that

the mounds are not prehistoric, but were fortifications erected along

the lines of communication from Florida to the Huron country, to

protect the overland trade established in the beginning of the

sixteenth century.

In the _Journal of the First Voyage_, we find mention of _ajes_ and

_niames_, as name of edible roots, but the account hopelessly confuses

reports of yams, sweet potatoes and manioc. Neither yams nor sweet

potatoes are native to America, and both bear in America, only African

names. Oviedo indeed, says distinctly, that the _name_ is "a foreign

fruit, and not native to these Indies,"--also, that "it came with that

evil lot of Negroes, ... of whom there is a greater number than is

necessary, on account of their rebellions" (pp. 203-4). Now in Africa

the yam (Dioscorea), cultivated before the coming of the Europeans, is

known by names derived from Arabic _arum_ and _gambah_, _e.g._, Ewe

_ad[>e]_, _ad[>z]e_, Mandingo _nyambe_, Malinke _nyeme ku_,--whence

the supposed Indian names, _aje_, _age_, _niame_, _igname_, used

indiscriminately of any edible roots. The African names of the manioc

have come from Arabic _'uruq_ "roots," notably in the Congo languages,

_y[=o]ka_, _y[=e]ke_, _edioko_, plural _madioka_, whence, as the plant

was introduced into America, it was known there as _vuca_, _mandioca_.

As to sweet potatoes and peanuts, the former were cultivated in Asia

before the discovery of America, while the latter, mentioned by Ibn

Batutah as an article of food in Africa, took to the New World, their

African names _mandube_, _goober_ and _pinder_ (compare Mozambique

_manduwe_, Basunde _nguba_, Nyombo _pinda_). Professor Wiener's

conclusion is that manioc culture was taught to the Brazilian Indians

before 1492 by Portuguese castaways, who knew of the economic

importance of the plant in Africa, while the peanut, spreading north

and south from the Antilles, may also have reached America a few years

before Columbus.

The numerous full-page illustrations are extremely helpful in aiding

the reader to a clear understanding of difficult points in the

discussion.

The book is epoch-making. To all seekers of the truth, the coming of

the second volume, in which Professor Wiener will deal exhaustively

with the Negro element in Indian culture, will be an eagerly

anticipated event.

PHILLIPS BARRY, A.M., S.T.B.

CAMBRIDGE MASSACHUSETTS

* * * * *

_A Comparative Study of the Bantu and Semi-Bantu Languages._ By

SIR HARRY H. JOHNSTON, G.C.M.G., K.C.B., D.Sc. (Cambs). Oxford:

at the Clarendon Press, 1919, pp. 815, 2 sketch maps.

The author of this monumental work, in the opinion of the reviewer, is

in himself a composite of many of the capacities, which, combined or

singly in her subjects have made the greatness of Britain. He has been

a great colonial administrator, a distinguished African explorer; he

is a talented artist, and has recently astonished the literary world

by producing what H. G. Wells declares to be one of the best first

novels he has ever read. The contributions of Sir Harry Johnston to

the sciences of botany, zoology, and anthropology are truly

prodigious. It is in the last named field that his major interests

have lain, and a succession of important works have established him as

the foremost authority upon the ethnology of Africa and upon the

anthropology of the Negro race.

This ponderous volume on the Bantu and Semi-Bantu languages is the

first part of a work which represents the fruit of many years of study

of multitudinous African languages and dialects. The major portion of

the book consists of illustrative vocabularies of 366 Bantu and 87

Semi-Bantu languages and dialects with an extensive bibliography. A

competent criticism of this portion of the work can be made by no one

but a philologist with a special knowledge of African languages. The

present reviewer does not possess these qualifications. Nevertheless

it is obvious to any student of Africa that the publication of this

work places a mine of useful information at the disposal of the

linguist, the grammarian, and the missionary, and will also be

invaluable to the student of African ethnology and to the physical

anthropologist.

The first chapter sketches the history of research into the Bantu

laguages. The contributions of various philosophists are appraised.

The second chapter on the distribution and character of the Bantu

languages is of greatest interest to the layman and to the general

anthropologist. We are informed that the Bantu languages "constitute

a very distinct type of speech which, as contrasted with others

amongst the group of Negro tongues, is remarkable as a rule for

Italian melodiousness, simplicity and frequency of its vowel sounds,

and the comparative ease with which its exemplars can be acquired and

spoken by Europeans" (p. 15). "This one Negro language family now

covers the whole of the southern third of Africa, with the exception

of very small areas in the southwest (still inhabited sparsely by

Hottentot and Bushman tribes) and a few patches of the inner Congo

basin" (p. 15). Throughout Africa, north of the Bantu border line, the

traveller meets with numerous languages widely different and mutually

incomprehensible whereas with a knowledge of one Bantu language it is

not difficult to understand the structure and even the vocabulary of

others. The importance of this language family in Africa is therefore

obvious. The author defines clearly the special and peculiar

characteristics of Bantu languages. There follows an interesting

discussion of the origin and spread of these languages. Probably the

parent speech was spoken originally in the very heart of Africa,

somewhere between the basins of the Upper Nile, the Bahr-al-ghazal,

the Mubangi, and the Upper Benue. The archaic Bantu seem first to have

moved eastward, toward the Mountain Nile and the Great Lakes. Probably

they remained in the Nile Valley north of the Albert Nyanza "till at

least as late as three or four hundred years before Christ--late

enough to have been in full possession of goats and oxen and to have

received the domestic fowl from Egypt or Abyssinia. They then embarked

upon their great career of conquering and colonizing the southern

third of Africa" (p. 22).

The original Bantu invaders found before them in Central and South

Africa other peoples--Negroes of different types, pygmies, Bushmen,

and Hottentots. "The first great Bantu migrations undoubtedly emanated

from the vicinity of the Victoria Nyanza and the north Tanganyika, and

were directed round and not through the Congo forests" (p. 24). On the

basis of linguistic, ethnological and anthropological evidence Sir

Harry is led to deduce that at a critical period in their career the

Negro speakers of the early Bantu languages were brought under the

influence of a semi-Caucasian race from the north or northeast. This

contact gave rise to the many handsome-featured pale-skinned castes

and ruling clans in so many of the Bantu peoples.

The following statement is of great anthropological importance: "The

Bantu-speaking peoples of Africa, ... do _not_ constitute a race apart

from the other negroes or offer any homogeneity of physical type. But

on the whole they represent so much the average negro type that

'Bantu' is still in favor as a physical definition among

craniologists. In reality, they are just fifty millions of Negroes

whose speech belongs to one of the many language families of 'Negro

type'; only in this case the language family instead of being confined

in its range to a hundred villages or two hundred square miles, is

spread over the southern third of Africa--say over 3,500,000 square

miles--from the Cameroons, the Northern Congo, the Nyanzas, and the

Mombasa coast to Cape Colony and Natal" (p. 25), Bantu languages are

spoken by peoples of diverse physical types.

"Yet about the Bantu speech and the culture which accompanies it

(ordinarily) there is a suggestion, strengthened by the association of

these languages with metal working (iron more especially), with

agriculture, cultivated plants, and cattle-keeping, that adds to the

impression derived from their legends, their religious beliefs, games,

and weapons. It is thought that the Bantu language family was finally

moulded by some non-Negro incomers of possibly Hamitic affinities,

akin at any rate in physique and culture, if not in language, to the

dynastic Egyptians, the Galas, and perhaps most of all to those

'Ethiopians' of mixed Egyptian and Negro-Nubian stock that down to one

thousand years ago inhabited the Nile basin south of Wadi Halfa and

north of Kordofan." (Pp. 25-26.)

Sir Harry attributes most of the higher cultural elements associated

with the Bantu languages to the non-Negro invaders. He believes that

the Bantu invasions of southern and central Africa cannot be referred

back much earlier than the second century B. C., and that the

differentiation of the more than two hundred forms of Bantu speech

occurred subsequently and rapidly.

To the student of African ethnography this volume is a great

disappointment in one respect. The sketch map showing the distribution

of Bantu and Semi-Bantu languages is absurdly inadequate. The writer

of this review had confidently expected an authoritative large-scale

map showing the distribution of linguistic families, dialects, and

tribes. It is to be hoped that such a map will form a part of the

completed work.

E. A. HOOTON.

HARVARD UNIVERSITY

* * * * *

_History of the United States from Hayes to McKinley, 1877-1896._

By JAMES FORD RHODES, LL.D., D.Litt. Volume VIII, 1877-1896. The

Macmillan Company, New York, 1919. Pp. 484.

This is supposed to be a continuation of Mr. Rhodes _History of the

United States from the Compromise of 1850 to the Final Restoration of

Home Rule at the South in 1877_. As one, however, considers the

treatment of the former work in comparison with this recent treatise,

he must conclude that the author has not maintained the standard set

in his earlier volumes which show deeper insight and a more scientific

point of view. Persons who have looked forward to the continuation of

Mr. Rhodes's comprehensive history from the transition period of

Hayes' administration will certainly be disappointed in observing how

he has failed in tracing the threads of history, which in our time,

have become momentous. After reading the volume one is still at a loss

as to what forces in our national life the author considers as being

actually in the making during the period which the volume covers.

The work begins with a treatment of Hayes' administration setting

forth facts which have appeared elsewhere in the author's studies in

this particular period. As in other works, the author defends almost

everything Hayes did and arraigns the Reconstruction Republicans who

were opposed to him. He then presents in an unscientific way the brief

discussion of economic questions bearing on railroad rates, wages,

strikes, mobs and riots. Financial depression, the silver question and

the valuable service of John Sherman are given considerable attention.

Valuable facts are set forth in his discussion of civil service

reform, the tariff commission and the Chinese question. Too much of

the book, however, is devoted to merely political matter involving a

detailed discussion of campaigns and elections at the expense of the

economic, constitutional and diplomatic movements decidedly

influencing the history of this country.

In this work the author pays very little attention to the Negro except

as he leaves the impression that the race was justly deprived of the

suffrage and of holding office. He makes reference to the complaint of

the Republicans to show that in disfranchising the Negro in the South

to make that section solidly Democratic that every white voter in the

South thereafter possessed the political power of two white voters in

the North. He mentions also the federal election laws and the Force

Bill but finally concludes that the experiment of making the Negro a

citizen was a failure. Here again Mr. Rhodes shows his lack of

knowledge of human affairs in that he studies history only in the

present tense. No man at present is wise enough to say whether we

shall finally obtain more good than bad results from the

Reconstruction, for we are too close to that part of our history to

make a proper estimate of these events.

* * * * *

_The Negro Year Book._ Edited by MONROE N. WORK, Director of

Department of Records and Research, Tuskegee Normal and

Industrial Institute. The Negro Year Book Publishing Company,

Tuskegee Institute, Alabama, 1919. Pp. 523.

There has appeared for 1918-1919 a new edition of the _Negro Year

Book_ to which students of Negro Life and History have learned to look

for information concerning the Negro. This volume appears with a table

of contents and a useful index to the numerous facts compiled. The

volume not only covers the field of former editions but includes also

much up to date material throwing light on Negro current history. The

very first portion of the work is entitled _Fifty-three Years of

Progress, 1866-1919_. This is a statistical study of Negro schools,

Negro ownership of property, and Negro enterprise. The reader will be

interested in such information as illiteracy, music, painters, actors,

occupations, agriculture, business, and the study of crime.

The Negro Year Book is a desirable step in the right direction. Mr.

Work and his coworkers deserve unusual praise for this undertaking in

a field where for a number of years yet to come the returns must

necessarily be meagre. The work meets a long felt want of statistical

information as to exactly what the Negro people are doing. These facts

will serve not only as an inspiration to the race itself but to refute

so much misinformation often circulated to do Negroes injury. It is

earnestly hoped that the managers of this work will find it possible

in the near future to publish an annual volume and to this end the

public should give the movement unstinted support to make such an

undertaking financially profitable.

NOTES

The Carnegie Endowment for International Peace has published a

monograph entitled _Negro Migration during the War_ by Mr. Emmett J.

Scott, Secretary-Treasurer of Howard University. This is the first

effort at a detailed treatment of the movement of the Negroes from the

South to the North. It has such interesting chapters as the causes of

the migration, stimulation of the movement, the call of the

self-sufficient North, the draining of the black belt, efforts to

check the movement, the effect of the migration on the South, the

situation in the congested districts in the North and West, and

remedies for relief. Persons who have an interest in this conspicuous

event of our internal history will find it profitable to read this

volume.

The Illinois Centennial Commission has published Volume V of the

_Modern Commonwealth_, a history of that State. On page 21 appears

this paragraph:

"Half way between the native stock and the foreign born stands the

Negro population, practically all of whom have drifted into the state

since the Civil War. In 1870 there were only 28,762 Negroes in

Illinois, but since that time they have been increasing steadily and,

with the exception of the decade 1880-1890, at a more rapid rate than

the white population. Especially rapid was the growth in the decade

ending with 1870, when it was 277 per cent or almost four times the

rate of increase of the white population. As a result of this influx

of Negroes the proportion which they constitute of the total

population has increased very steadily from 1.1 per cent in 1870 to

1.9 per cent in 1910. But the absolute number is still small,

amounting only to 109,049 at the last census."

The American Negro Academy has published Number 20 of its _Occasional

Papers_ containing a study of _Alexander Crummell, an Apostle of Negro

Culture_ by William H. Ferris. This dissertation sets forth not only

the main facts of the life of the subject of the sketch but gives also

some interesting history in connection with the founding of the

American Negro Academy.

Major John R. Lynch, one of the most conspicuous figures of the

Reconstruction period now living, has discovered certain errors in

the Reconstruction records published in the January number of the

Journal of Negro History, and has written the editor the following

letter to make the necessary corrections:

4352 FORESTVILLE AVENUE,

CHICAGO, May 17th, 1920.

_Editor, Journal of Negro History._

In compliance with your request I write this to point out a few

errors which appeared in the January 1920 issue of the Journal

covering the Reconstruction period.

Page 67 the name of Benjamin F. Turner appears as a member of the

43d Congress, and Jeremiah Haralson as a member of the 44th

Congress. Turner was a member of the 42d but not of the 43d

Congress.

Haralson and Rapier were members of the 43d Congress, both having

been elected in 1872.

On page 73, Rubert Gleed should be Robert Gleed. A.R. Davis

should be A. K. Davis, Dr. Stiles should be Dr. Stites, W.H.

Fonte should be W. H. Foote.

On page 74, H. M. Faley should be H. M. Foley. To the list of

Colored men elected to that Legislature should be added the name

of J. M. Wilson, of Marion County.

On the same page is the statement: "John R. Lynch elected speaker

of the House." This is incorrect. Lynch was elected speaker in

January 1872, by the Legislature that was elected in November

1871. The man who was elected speaker in January 1870, by the

Legislature that was elected in November 1869, was Judge Freeman

E. Franklin, a white Republican from Yazoo County. Shortly after

the adjournment of the first session of that Legislature speaker

Franklin died. When the second session convened in January 1871

Hon. H. W. Warren, a white Republican from Leake County was

elected speaker for the unexpired term.

Respectfully yours,

(Signed) JOHN R. LYNCH.

THE JOURNAL

OF

NEGRO HISTORY

VOL. V--OCTOBER, 1920--NO. 4

DIPLOMATIC RELATIONS BETWEEN THE UNITED STATES AND GREAT BRITAIN

BEARING ON THE RETURN OF NEGRO SLAVES, 1783-1828[1]

Diplomatic relations bearing on the Negro of the Revolutionary period

constitute one of the mooted questions of American foreign policy. Yet

although this question was then one of the disturbing factors in our

relations with Great Britain, it has hitherto passed unnoticed.[2] As

a large number of Negroes were taken from the United States by Great

Britain during the Revolutionary War there followed so much effort to

secure the return of these Negroes that the subject had to be dealt

with in the Treaty of Paris which ended the war in 1783. So numerous

were the infractions of the stipulation prohibiting the carrying off

of the Negroes and so fruitless were the discussions resulting from

the non-fulfillment of the articles in the treaty that several

diplomatic representatives were sent on missions to Great Britain, the

last of which ended with the Jay Treaty of 1794. Obviously, no

satisfactory settlement as to the Negro could then be reached. An

array of evidence from the sources[3] shows that the question was

frequently discussed and that its significance lies in its absence

from the stipulations of the Jay Treaty. It is evident, moreover, that

the United States was not satisfied with this treaty and that between

Great Britain and this country there was widening a breach which

culminated in the War of 1812, during which Great Britain committed

the same offence that she did during the war for independence.[4]

How can one account then for the unfavorable attitude of Great Britain

toward the return of the Negro fugitives? The humanitarian spirit of

Great Britain which, by the celebrated decision of Lord Mansfield in

the Somerset case in 1772 guaranteed to every man his freedom as soon

as he set foot on British soil, extended beyond the limits of the

empire. Although this decision of the judge evoked some unfavorable

comment, for slavery was the "normal condition of the Negro," his

ideas were disseminated by the military authorities defending the

Crown in America. During the Revolutionary War many of the British

commanders issued proclamations of freedom to the Negro slaves. Lord

Dunmore, the dethroned Governor of Virginia, was among the first to

issue a proclamation of freedom[5] to all Negroes who would fight for

the King. Soon thereafter, Clinton,[6] the Commander-in-chief of the

British forces in America, issued a proclamation to the same effect.

Still later, Cornwallis issued a proclamation specifying the grant of

"freedom and protection" to all Negroes who would seek his command.

Whatever motive prompted the issuance of these orders, it is evident

that the status of the Negro during this "emergency" as regarded by

Great Britain was that of a freeman.

To these proclamations many Negroes responded. For instance, General

Greene learned on Long Island that a group of Negroes aggregating two

hundred (200) had in July, 1776, sought freedom within the British

lines and had been accepted as a regiment in that vicinity.[7] He

reported, moreover, to General Washington in 1781 that enough Negroes

in North Carolina to form two regiments had sought British freedom and

protection and that they were being organized by the British.[8]

Whether they came within the British lines as a result of these

proclamations or in recognition of the laws of war "it has been

computed by good judges" says Ramsay,[9] "that at the evacuation of

one part, two hundred and forty-one Negroes and their families were

taken off to St. Lucia in one transport, the _Scimitar_; and that

between the years 1775 and 1783, 25,000 Negroes, that is, one-fifth of

all the slaves, were taken from the State of South Carolina." In

Georgia,[10] there was made a report that the loss was much greater,

probably three-fourths or seven-eighths of all the Negroes in the

State. Again, from an estimate made at the time, Jefferson observed

that about thirty thousand Negroes were taken from Virginia.[11] From

the other slave-holding States which were invaded by the British, many

other Negroes were carried away from their masters. So effectively was

the scheme carried out that fear was expressed throughout the South

less the economic position of that section would be threatened. In

consequence of such actions on the part of Great Britain, General

Washington receded from the position of excluding Negroes from the

American Army and took drastic steps in preventing the carrying away

of other Negroes by Great Britain.[12]

Considered, therefore, as an American slave in time of peace and an

American soldier in time of danger, it is no anomaly that the status

of the Negro complicated the negotiations between military

representatives of Great Britain and the United States. Extended but

fruitless negotiations ensued. A satisfactory settlement of the return

of the Negroes seemed impossible. With independence assured through

the representatives assembled, the Treaty of Paris was negotiated in

1783. Franklin urged in his communication with Oswald, 1779, that the

question as to the return of Negroes taken away by Great Britain be

adjusted immediately.[13] This suggestion was strengthened by the

support given it by the American representative, Henry Laurens, who

had been in confinement in London during the war and whose chance

arrival on the closing day gave the subject increased importance. Thus

credit for the incorporation of the article on the Negro into the

Treaty of Paris is given to Henry Laurens.[14]

By the Seventh Article of the Treaty of Paris,[15] it was stipulated

that the British troops should withdraw from the United States without

carrying away or destroying any property belonging to the citizens of

the United States. In spite of this agreement at the peace conference,

this stipulation was not fulfilled by Great Britain. Convincing

evidence of an infraction of this stipulation is seen in a letter

written by General Washington to Sir Guy Carleton, May 6, 1783, in

which the former expressed himself as being surprised to hear that

embarkations of Negroes had taken place during the whole of that

year.[16] He, moreover, expressed his private opinion to the effect

that such an action "is totally different from the letter and spirit

of the treaty." A few days thereafter the Virginia delegates in

Congress wrote to the Governor of Virginia that they would make this

the subject of a "pointed remonstrance from our minister in Europe to

the British Court with a demand for reparation and in the meantime

urge General Washington to insist on a more faithful observance of

that stipulation at New York."[17]

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]

John Adams, 1788, who, by the way, was one of the representatives of

the United States who signed the Treaty of Paris, received an

appointment as representative of this country to England to settle the

alleged violations of the Treaty of Paris. He was instructed in 1785

to press for a fulfillment of the terms of the treaty of peace on the

part of Great Britain.[36] He had little time, however, to press his

claim before representatives of Great Britain were inquiring why the

United States did not perform her part in this reciprocal contract. To

these inquiries, Adams replied that "America could not; that it was

hardly a government at all." He, moreover, informed Congress that the

reason assigned by Laurens for incorporating the Seventh Article was

that the people of the United States would be unable to comply with

the part of the treaty which respects debts unless the provision which

respects Negroes was made. "This construction," he continued, "was

never denied and that it seemed to be understood by the ministry that

on a settlement with the United States compensation must be made."

Obviously, then, both Great Britain and America understood that the

Seventh Article would be fulfilled by Great Britain only when the

Fourth, Fifth and Sixth Articles were fulfilled by the United

States.[37] This point, however, was discussed pro and con for many

months and was seldom admitted by the American diplomatic

representatives, Adams himself said that he could "get no comfort from

his mission." The construction given the Seventh Article making its

fulfillment by Great Britain contingent upon the execution of other

provisions only complicated matters.

Another mission was planned in 1789,[38] but before another

representative was appointed Washington urged upon Gouverneur Morris,

who contemplated visiting London, "to find out the reasons why Great

Britain had not complied with the Seventh Article." In a letter

written to Morris, October 13, 1789, Washington desired Morris to

converse with his Brittanic Majesty's Ministers as to whether there

was any objection to performing those articles remaining to be

performed on his part. "Learn with precision," he concluded, "what

they mean to do on this head." In compliance with this request, on

April 7, 1790, Morris interviewed the British representative, the Duke

of Leeds, who gave to him only "general assurances" for a faithful

observance of the articles and, becoming a "little embarrassed," could

not say how the matter in regard to the Negroes stood. After many days

of silence, the Duke of Leeds, April 23, 1790, "lamented every

circumstance" which delayed the fulfillment of engagements on the part

of the United States.[39] He also indicated that, if circumstances

rendered their final completion impracticable, he had no scruples in

declaring the object of Great Britain would be to "retard the

fulfillment of such subsequent parts of the treaty as depend entirely

upon Great Britain until redress is granted to their subjects upon the

specific points of the treaty itself or a fair and just compensation

for the non-performance of those engagements on the part of the United

States."[40]

Informing Washington of his progress, May 29, 1790, Morris disclosed

the fact that he was no longer contending for the return of the

Negroes, for that would involve either "breaking faith" with those

whom they had seduced by the offer of freedom or the violation of the

stipulation which they had made with the United States in the Treaty

of Paris. In presenting America's side, however, he insisted upon

compensation in order that it would not be difficult for the planters

to show that they had sustained a heavy loss from the want of men to

cultivate their lands and thereby produce the means of paying their

debts. To this the Duke of Leeds replied that he wished to "consider

the treaty subject generally" and thought that some compensation could

be mutually made. He declared, nevertheless, that he would rather

"make a new treaty than perform the Seventh Article of the Treaty of

Paris."[41]

Subsequent diplomatic negotiations between Jefferson and Hammond, the

Minister of Great Britain, indicate that Washington was not satisfied

with the status of the case after Jefferson cited specific infractions

of the Seventh Article of the treaty, enclosing documents supporting

these claims. Hammond informed the United States, November 30, 1791,

that the King had suspended the execution of the Seventh Article in

consequence of the non-compliance on the part of the United States of

the Fourth, Fifth and Sixth Articles. In short, he insisted that the

stipulations should be performed in the order in which they stood. He

stated, moreover, that the "two objects were so mutually connected

with each other as not to admit of separation either in the mode of

discussing them or in any subsequent engagements which might result

from that discussion."[42]

It was soon evident then that such extended discussions were

fruitless. This state of affairs, to be sure, could not exist very

much longer. Citizens of the United States were pressing "more

zealously" for the return of the Negroes. For almost a decade the

subject had been discussed without an amicable adjustment. In a

communication to the Congress, April 16, 1794, Washington showed that

he had grasped the situation by informing that body of the fact that

"despatches received from our minister in London contain a serious

aspect of our affairs with Great Britain." He suggested, therefore, to

the Senate that an envoy extraordinary be sent to England. To this end

Washington appointed John Jay to settle the infractions of the Treaty

of Paris.[43]

In Jay's instructions nothing was specifically said concerning the

carrying away of the Negroes by the British, but, as it appeared from

subsequent transactions, it is quite certain that the infractions of

the Seventh Article as well as those of other articles were to be

adjusted. In this wise, the "irrepressible question"--relating to the

return of Negroes carried away by Great Britain during the

Revolutionary War became one of the purposes of Jay's mission.[44]

During the negotiation with Grenville there took place many heated

debates, in which each party accused the other of the first

aggression. Meanwhile Jay ascertained, September 13, 1794, that

Grenville supported the contention held by his predecessors, that the

article of the treaty was intended to prevent depredations at the

departure of the army; that no alteration in the actual state of

property was intended by the Seventh Article; that every Negro who

strayed or escaped from the American lines and came into the lines of

the British Army became by the laws of war British property; and that

to extend the Seventh Article of the treaty to include Negroes who

came within the British lines under the proclamation of freedom was to

give it a "wider latitude than the terms of it would warrant."[45] In

short, Grenville contended that in regard to those within the British

lines before the signing of the treaty they were "left entirely

without restrictions."[46]

In reply to Grenville's argument Jay divided the subject of the

Negroes into three groups: first, the Negroes captured or disposed of

during the course of the war; second, the Negroes who remained with

and belonged to American citizens within the British lines; and third,

the Negroes who, confiding in the promise of freedom, fled from their

masters and took refuge with the British. Concerning the first two

groups, no extended discussion followed. Grenville stated, however, in

regard to the second group, that he was "not so sure." The last-named

group on the other hand, produced much pourparler, for Jay maintained

that these Negroes were "clearly comprehended by the terms of the

treaty." According to his argument, Negroes could not by "mere

flight" alter their slave character. He soon appreciated the difficult

position of England in trying to keep the pledges of freedom offered

to the Negroes and at the same time fulfill, according to the American

interpretation, the article of the treaty in regard to the return of

Negroes.

During the negotiation Jay admitted, moreover, that the carrying away

of Negroes was justifiable in view of the promises of freedom and

protection promulgated by British military representatives.[47] He

concluded, however, with the thought that "Great Britain ought not to

expect to escape the consequence of the folly of her Generals in

America." For this reason he restated the idea expressed by other

American representatives to Great Britain, that compensation should be

obtained for the Negroes carried away. In spite of Jay's change of

position Grenville persisted with unyielding opposition in the view

that such slaves were no longer American property. "On this point"

wrote Jay to Randolph, "we could not agree."

Concerning this question, Jay said, moreover,[48] that "various

articles have been under consideration but did not meet with mutual

approbation and consent." Sensing the situation Randolph declared to

Jay, December 3, that he was extremely afraid that the reasoning of

Grenville about the Negroes would not be satisfactory. "Indeed I own,"

said Randolph, "that I can not myself yield to its force." Randolph

knew of the anti-British sentiment in the South and realized that the

treaty would be opposed by the South because that section would feel

that it had been neglected,[49] should it receive no compensation for

the Negroes carried away by the British.

In a communication to Jay two weeks later it is obvious that there was

no concerted opinion even in America in regard to the much mooted

question. Jay and Randolph, for instance, differed as to whether the

slaves concerned ever became the property of Great Britain. Jay held

that the Negroes in question never became the property of Great

Britain whereas, Randolph held that while property is acquired in

movables as soon as they come within the power of the enemy, yet

"property rights thus acquired in war may by the treaty of peace be

removed."[50]

To the contention of Great Britain that the Seventh Article meant

merely an engagement against further depredations, Randolph declared

the stipulation "superfluous"; for he maintained that the mere

cessation of war meant that much. To this point, Grenville declared

the treaty "odious," if the stipulation were interpreted to include

Negroes who sought British lines under the promise of freedom and

protection "on the basis of common morality." Great Britain was not to

be expected to execute a stipulation with such an interpretation.

Obviously, then, Great Britain would not recede from her position.

Citizens of America, especially those deprived of their property, were

beginning to think that our diplomatic relations were not properly

taken care of by Jay. Expressions of disapproval of the treaty by

resolutions in the Senate evinced the temper of the people. Jay, in

the meantime was called "traitor"; his mission was declared a failure

and the treaty was attacked from many sides.

At this juncture special mention must be made of the objections of the

southerners on the ground that the treaty did not provide for the

return of their property, while the objection of the North was not so

pressing. In fact, northerners acquiesced in the opinion of Hamilton

who had substantially the same view that Grenville had.[51] Thus we

see the first glimpse of the North becoming estranged from the South

because of the difference of opinion in regard to the Negro.

The leading source of dissatisfaction of the treaty of Jay seemed to

be a failure to get compensation for the Negroes carried away by Great

Britain. The stipulation, moreover, was not definite, for many

constructions could be placed upon it. The words of the treaty,

moreover, were too vague and uncertain to express accurately the

intention of the signers. Whether Negroes whom the British carried

away could any longer be considered American property, seemed to be

the crux of the situation. Although no definite settlement could be

reached by the two nations, authorities of international law[52] give

the case to Great Britain. One rule which was recognized by the

foremost nations of the world was to the effect that a slave escaping

in war becomes free. Concerning this Halleck says that such slaves

cannot be regained by their former masters.[53] Woolsey says that "a

slave sojourning to a free land cannot be treated as his master's

property--as destitute of jural capacity." To the same purport,

Heffter says "in no case is a state bound to allow the slavery which

subsists in others." Dana, in his edition of Wheaton's _International

Law_ supports this contention.[54]

Dissatisfied with results but not discouraged, however, Washington

appointed commissioners, December 7th, 1798, to work with

commissioners from Great Britain and proceed with the infractions of

the treaty. A short time thereafter President Adams in an address to

Congress, November 23, 1797, reported that several decisions on the

claims of citizens of the United States for losses and damages

sustained by reason of irregular and illegal captures or condemnations

of their vessels or other property had been made by the commissioners

in London, conformably to the Seventh Article of the Treaty. "The sums

awarded by the Commissioners," said he, "have been paid by the British

Government; a considerable number of other claims where costs and

damages and not captured property were the only objects in question

have been decided by arbitration, and the sums awarded to the citizens

of the United States have also been paid."[55] These decisions served

to allay the discontent in America. Still later, Adams informed

Congress that "such progress had been made in the examination and

decision of cases ... which were the subject of the Seventh Article

that it is supposed the Commissioners will be able to bring their

business to a conclusion in August of the ensuing year."[56]

No account of the final settlement of these claims, however, is found

in the sources. Dissatisfaction became more intense. Claimants were

pressing on all sides for a fair compensation for the loss of their

property. So serious was the situation that the House of

Representatives went beyond its accustomed limitation and discussed in

1798 the treaty-making power of the United States. Pressure had been

brought to bear upon the representatives of the people because the Jay

Treaty had been ratified by the President and Senate and it did not

contain a provision covering the return of the Negroes.

Further efforts, nevertheless, were made to adjust the differences

between the two countries. They, however, were of little avail. The

Republican policy of Jefferson which this country strictly followed

from 1801 to 1809 had as its basic principle that governments ought to

do as little as possible. Hence our army and navy were cut down to the

extent that the American Government could not assert itself against

foreign encroachment. Particularly in 1804 our relations with Great

Britain became worse when the Jay Treaty of 1794 by agreement was

allowed to expire. To compel Great Britain to come to terms Congress

enacted a non-important act which never had the desired effect.

Soon thereafter the continental system and the paper blockade engaged

the attention of the American Government. Negotiations had failed.

Great Britain would not make a treaty. The accumulation of injuries

called for action of some kind. To yield and say nothing meant to give

up the rights of an independent nation. For this reason Jefferson

introduced in 1807 the Embargo with which he hoped to force France as

well as Great Britain to come to terms--to recognize the United States

as a "free sovereign and independent nation." Meanwhile a spirit of

nationality was developing in the country. Soon thereafter war was

declared and waged against Great Britain to win the respect and honor

which every nation deserves.

In this state of war the provisions of the Treaty of Paris and the Jay

Treaty were nullified. In response to an inquiry as to whether these

treaties, so far as they were not fully executed, terminated by the

War of 1812, the British Department of State in a communication

replied that "with respect to the treaties you are informed that they

were claimed by Great Britain at the conclusion of the Treaty of Ghent

to have terminated by the War of 1812."

Against this view the United States protested. In the decision of the

Supreme Court of the United States in the case of the Society for the

Propagation of the Gospel v. the Town of New Haven, the view was

expressed that provisions of a treaty remain in full force in spite of

war.[57] The general rule of inter-national law, however, is that war

terminates all subsisting treaties between the belligerent powers.[58]

The United States, moreover, soon acquiesced in this view, for

President Polk in his message to Congress, December 7, 1847, said, "a

state of war abrogates treaties previously existing between the

belligerents."[59] Great Britain then was legally excused by the best

authorities of the world from executing fully the provisions of the

Treaty of 1783 and the Jay Treaty of 1794.

As a result, the same policy in regard to the carrying away of Negroes

was followed during the War of 1812.[60] While the British forces were

occupying the forts and harbors of the United States, Negroes came

within their possession. Many were induced to run away while others

were captured in battles. From the Dauphin Islands-possessions

claimed to be without the limits of the newly acquired Louisiana

territory the British carried away slaves. In fact, from whatever

places the British occupied they carried away Negroes. Many Negroes

came also into the possession of the British by the proclamation of

Admiral Cochrane of Great Britain, April 2, 1814, setting such loyal

adherents free. In effect, this proclamation extended an invitation to

all persons desiring to change their slave status. Although the

proclamation[61] did not specify the Negroes, the meaning and object

of Admiral Cochrane was evidently to bring Negroes within the British

lines. Many, to be sure, responded to the proclamation. As many more,

no doubt, were carried away from the United States by the British

under the veil that they were captives in the war and, therefore, no

longer the property of American inhabitants.

With victory assured and the representatives of Great Britain and

America assembled in Ghent, July 11, 1814, one of the first questions

for the commissioners to consider was evidently the return of the

Negroes. This question had primary consideration in the final draft of

the Treaty of Ghent. By the first article of the treaty it was

provided that "all possessions whatsoever taken by either party during

the war or which might have been taken after the signing of this

treaty shall be restored without delay and that these possessions

should not be destroyed." It specified, moreover, that artillery,

public and private property, originally captured in the forts of the

United States should not be carried away.[62]

Negroes were carried away by the British forces after the treaty was

signed as well as before. In Georgia many Negroes came into possession

of the British at Cumberland Island fortified by Admiral Cockburn.[63]

In a letter dated November 22, 1914, Joseph Cabell gave evidence to

support the above-mentioned facts when he declared that he was on

board a British squadron in Lynnhaven Bay at the time Major Thomas of

York attempted to recover his Negroes, who had gone off to the British

and that the destination of the Negroes on board the ships was a

subject of curiosity and concern. Soon, however, he learned that they

were to be sold in the Bahamas.[64] From another reliable source comes

the information that a shameful traffic had been carried on in the

West Indies.[65] Secretary Monroe presented to the Senate, moreover,

an affidavit of a Captain Williams who had been a prisoner in the

Bahamas for some time. In this he declared that he had been present at

the sale of Negroes taken from the vicinity of Norfolk and Hampton.

"This affidavit," said Monroe, "was voluntarily given and the facts

have been corroborated by a variety of circumstances."

Such information was given in the Senate. In discussing the

ratification of the treaty the Senate suggested that commissioners be

appointed to carry into effect the first article. In line with this

view John Quincy Adams, Henry Clay, and Albert Gallatin were

authorized to supervise the execution of this article. In a

communication to Secretary Monroe, Feb. 23, 1815, the commissioners

reported that "all slaves and other private property are claimed to be

delivered up."[66]

So much progress in so short a time was remarkable. To adjust all the

claims in an amicable way would hardly occur. It was soon learned by

the commissioners that "all slaves and other private property" were

delivered up by the British using as their guide a different

construction of Article I. "The construction," Monroe said, "ignored

the distinction which existed between public and private property."

Had it been intended he continued, "to put slaves and other private

property on the same ground with artillery and other public property

the terms "originally captured in the said forts or places which shall

remain therein on the exchange of the ratification of the Treaty"

would have followed at the end of the sentence after "slaves and other

private property."[67] With their construction, he contended that both

interests, the public and private would have been subject to the same

limitation. Besides, Monroe held that the restrictive words

immediately following "artillery and other public property" was not

intended to include the words "slaves and other private property." If

"the slaves and other private property" are placed on the same footing

with artillery and other public property, "the consequences must be

that all will be carried away."

Monroe learned, furthermore, that Mr. Baker, Charge D'affaires of

Great Britain, had placed another construction on Article I of the

treaty. In this new construction he had made a distinction between

slaves who were in British ships of war in American waters and those

in the ports held by British forces at the time of the exchange of

ratifications.[68] Monroe and the commissioners, on the other hand,

were of the opinion that the United States was entitled to all slaves

in possession of the British forces within the limits of the United

States forts or British ships of war. Concerning this opinion Baker

wrote April 3, 1815, that it could not be shown that Monroe's

construction was sanctioned by the words of the Article. "If this

construction had been known then," he remarked, "we would have

decidedly objected to it and proposed others."[69]

Accessible reports indicate that the governments of Great Britain and

the United States persisted in the constructions given by their

respective representatives. Clavelle, the Commander-in-Chief of the

British forces in the Chesapeake, claimed that the treaty meant only

such slaves or other private property should be delivered up as were

"originally captured in the forts or places to be restored." In

conformity with their construction of the Article, Clavelle refused

furthermore to restore the slaves taken from Tangier Islands, because

they were not originally captured there. The United States, on the

other hand, was of the opinion that the country was entitled to all

slaves within its limits on the exchange of the ratifications of the

treaty. The United States believed, finally, that the carrying away of

Negroes applied to both kinds of property because the word was common

to both descriptions.

By the usage of civilized nations in cases of invasion private

property with the exception of maritime captures was respected. This

meant, in effect, that none could be lawfully taken away. Influenced

by this usage Great Britain receded from her position and declared

that the claim of the United States to indemnification for her

slaves--had never been resisted. In the meantime Great Britain

declared April 10, 1816, that she could not consider any property

which had been previous to ratification of the treaty removed on

shipboard as "property forming a subject for a claim of restoration or

indemnification." In spirit, these two declarations were

contradictory. Besides they made the subject more difficult and

puzzling.

In the meanwhile the work of the commissioners continued. In their

efforts to take an inventory of the slaves so that the claims might be

adjusted, they encountered the opposition of Clavelle and Cockburn. It

was clearly evident that the efforts of the commissioners would be of

no avail. More coercive means were necessary to settle such an

extended and controversial question. In a convention of commerce

between Great Britain and the United States October 20, 1818,

representatives realized that an agreement in regard to the Negroes

was hardly possible. The representatives from the United States,

therefore, offered to refer the differences to some friendly sovereign

or State to be named for that purpose. They agreed further to consider

the decision of such a friendly sovereign or State to be "final and

conclusive."[70]

Very soon thereafter the Emperor of Russia offered to use his good

offices as mediator and after a short discussion, his proposal was

accepted. To this end there was concluded on June 30, 1822, a

convention in which the adjustment of the claims for indemnity was

left to a mixed commission. This action was followed by desultory and

extended discussions which terminated, nevertheless, in the final

disposition of the controversy. The point of difference was decided in

favor of the United States. In handing down his decision the Emperor

held that the limitations as to the restitution of public property

bore no relation to private property. In effect, he said that the

treaty prohibited the carrying away of any private property whatever

from the places and territories stipulated in Article I of the Treaty

of Ghent. He contended that "the United States was entitled to

consider as having been carried away all slaves who had been

transported from those territories on board of English vessels within

the waters of American territories and who for that reason had not

been restored."[71]

In compliance with the decision of the Emperor of Russia a mixed

commission, one commissioner and one arbitrator from Great Britain as

well as the United States met July 30, 1822, at Washington, D.C.,

under the Emperor's mediation.[72] For the United States Langdon

Cheves was the commissioner and Henry Sewell the arbitrator; for Great

Britain George Jackson was the commissioner and John McTavish the

arbitrator. George Hay was appointed, also, by the President of the

United States to give such information and support that might be

needed since individual claimants could not be present. The purpose of

the commission was to prove the average value of the Negroes at the

time of the ratification of the treaty and to determine the validity

of individual claims. In the event no agreement could be reached

recourse was had to the Emperor of Russia whose decision would be

"final and conclusive." This action was insisted upon by America,

whereas Great Britain persisted in refusing to submit such matters to

the Emperor. Their progress, as a result, was not very marked. In

considering the "definitive lists"[73] of claims these commissioners

encountered many more doubtful and intricate problems. Claims not

contained in this list were not to be taken cognizance of; nor was the

British government required to make compensation for them. With

respect to compensation, Great Britain promised to produce all

evidence which was in the possession of her naval and military

officers concerning the number of slaves carried away. It was provided

by the commission that no payment was to be made within twelve months.

September 11, 1822, the board unanimously agreed on the average value

of slaves as follows:

Each slave from Louisiana $580

Each slave from Georgia, South Carolina, Alabama 390

Each slave from Maryland, Virginia and other States 280

The next difficulty of the board occurred in regard to the allowance

of interest on claims. Concerning this point, Cheves held that a

reasonable compensation for the injury sustained should have been

granted. "A just compensation," said Cheves, "is the reestablishment

of the thing taken away with an equivalent for the use of it during

the period of detention." In reply to this Jackson held that the

convention of 1822 did not grant the commissioners the power to fix

interests and, besides, that interests not being a part of the debt

could not be allowed. Realizing the futility of his claims Cheves

offered to submit the difference to arbitration, but Jackson declined.

Equally difficult questions arose in regard to the slaves taken away

from Dauphin Island in Mobile Bay.[74] This island, controlled by the

British during the war, was later surrendered to the United States.

Concerning this Jackson held that it was not legally at the time of

the ratifications of the treaty a part of the United States, that is,

it was not a part of Louisiana but belonged to West Florida, which was

not ceded to the United States until 1819.[75] In regard to this

Cheves offered to refer these claims to arbitration, but in this view

Jackson refused to acquiesce. The situation did not become any better

even when Rufus King was sent as our minister to England to succeed

Henry Clay who became John Quincy Adams's Secretary of State.

Continued disagreement of the representatives of Great Britain and the

United States resulted. Their failure to agree upon the provisions of

the Convention of 1822--that matters under dispute be referred to

arbitration made the work of this convention of little avail. Clay's

offer of settlement was not favorably received in Great Britain. As to

a basis of compromise, Clay said that the "total number of slaves on

the definitive list was 3,601; that the entire value of all the

property for which the indemnity was claimed including interest might

be stated at $2,693,120." Realizing that this large sum would never be

secured, Clay suggested that $1,151,800 might be used as the minimum

in the negotiation. He used as a guide the fact that Parliament had

appropriated 250,000 pounds to cover the awards of the commission.

This sum, Mr. King observed also, was nearly the sum mentioned as a

minimum by Clay in his instructions to him. Even with this

information, the commissioners made little progress.

On the other hand, Mr. Vaughan, the British Envoy at Washington, said

April 12, 1826, "that His Majesty's Government regretted to find

themselves under the absolute impossibility of accepting the terms of

compromise offered by the envoy from the United States in London." He

did not admit, moreover, that the question of interest should be

referred to arbitration, but maintained that the demand was

unwarranted by the convention and unfounded by the Law Officers of the

Crown.[76] In reply to his observation, Clay informed Vaughan of the

fact that Great Britain's representatives had refused to refer many

questions to arbitration and that if this refusal to cooperate in this

regard should be upheld it would virtually be making him the final

judge of every question of difference that arose in the joint

commission.[77] This disagreement continued until 1825, when the

commissioners met to collect and weigh evidence.

Soon thereafter, Albert Gallatin, who had been appointed Envoy of the

United States to London, was authorized to treat with Canning on the

oft-discussed question. During the first interview he discovered that,

while there was a great reluctance to recede from the ground already

taken by Jackson, there was also a disposition to settle that

controversy.[78] Following the instructions given to King, Gallatin

used the 250,000 pounds as the basis of settlement. This sum he was

authorized to accept. He, however, did not make this offer known

immediately but waited for the formal offer of $1,200,000 from the

British Government; and in conformity with his instruction of a later

date, Gallatin offered as an ultimatum an acceptance of $1,204,960,

which the British Government reluctantly agreed to pay.[79]

On November 13, 1826, a convention to carry out this agreement was

concluded. The amount specified above was to cover all claims under

the award of the Emperor of Russia. It provided, moreover, that the

money was to be paid in Washington, in the current money of the United

States, in two installments; the first twenty days after the British

Minister in the United States should have been officially notified of

the ratifications of the convention, and the second August 1, 1827. In

this way the convention of 1822 was annulled, save as to the two

articles relating to the average value of slaves which had been

carried into effect, and as to the third article as related to the

definitive list which had also been carried out.[80] This ended the

work of the board. After ratification had been exchanged the board

adjourned, March 26, 1827.

This left one more matter to be disposed of, that of executing the

provisions of the commission of 1826. In compliance with this Congress

passed an act, March 2, 1827, to carry out this agreement.[81] A

convention was thereby called to meet in Washington July 10th and

proceed with the consideration of claims, "allowing such further time

for the production of evidence as they should think just." As soon as

the claims were validated and the principal amounts ascertained

seventy-five per cent of the principal was paid with the explanation

that when all claims were settled, the other twenty-five per cent

would be paid, if the fund permitted it. If it did not, then the

remainder would be distributed in proportion to the sums awarded. In

these negotiations, Langdon Cheves and Henry Sewell, who had only

recently represented the United States in London, together with James

Pleasants of Virginia, were appointed commissioners. They considered

not only the claims on the definitive list but also those deposited in

the Department of State and which had not been previously adjusted.

The conflicting interests of payments and the inconclusive evidence

which were presented made the work of this convention more difficult.

The records were very poor and contained little of the information

desired. For this reason many claims were denied; especially was this

true in Maryland and Virginia.[82] Many of the claimants of other

States nevertheless were compensated. Seventy-five per cent was

granted them, the sum totalling $600,000 being paid. This condition of

affairs caused a clash among the 1,100 claimants, 700 of whose

petitions on the definitive list were examined. Many other claimants

were seeking evidence to secure compensation. They were not

successful, however, for Cheves opposed the admission of hearsay

testimony as well as the testimony of slaves. Well informed as to the

progress of the commission, Congress passed an act May 15, 1828,[83]

specifying August 31st as the last day on which the commission would

meet. Of that entire amount awarded $1,197,422.18 had been paid to the

claimants. The remaining sum was "distributed and paid ratably," to

all the claimants to whom compensation had been made. The work of the

Convention of 1827 thus ended.

ARNETT G. LINDSAY

FOOTNOTES:

[1] This dissertation is the result of the researches of Mr. A. G.

Lindsay under Dr. C. G. Woodson at Howard University during the

academic year 1919-1920 and was submitted to the Committee on Graduate

Studies in candidacy for the degree of Master of Arts. Dr. C. G.

Woodson was the chairman of this committee.

The following sources were used in the preparation of this manuscript:

_American State Papers, Foreign Relations_; _American State Papers,

Confidential Documents_; _American State Papers_, Wait's Edition;

_Annals of Congress_; _Diary of John Quincy Adams_, in his _Memoirs_;

_Diplomatic Correspondence_; Force, _American Archives_; _Journals of

Congress_; _Journals of Continental Congress_; McDonald's _Source Book

of American History_; _Niles Register_; _Treaties and Conventions_,

Edition 1889; _United States Statutes at Large_.

The following works were also consulted: John Adams, _Works_; Van

Tyne, _The American Revolution_; _American Historical Association

Reports_; Babcock, _Rise of American Nationality_; Benton, _Naval

History of England_; Channing, _History of the United States_; Ford,

_Washington's Writings_; Ford, _Jefferson's Writings_; Fiske,

_Critical Period_; Gibb, _Administrations of Washington and Adams_;

_The Journal of Negro History_; Morse, _John Adams_; _Naval Chronicle

of England_; Ramsay, _History of South Carolina_, Edition, 1809;

Sparks, _Washington_; Moore, _International Arbitration_; Moore,

_Digest of International Law_; Wharton, _Digest of International Law_,

Edition, 1887; Halleck, _Elements of Law_; Wheaton, _Elements of Law_,

Edition, by Dana.

[2] Ramsay, _History of South Carolina_, Edition, 1809, Vol. I, pp.

474-475.

[3] _American Historical Association_, Vol. I, p. 273. F. A. Ogg,

_American State Papers_, Vol. IV, p. 304.

[4] Moore, _International Arbitrations_, p. 350.

[5] Van Tyne, _American Revolution_, p. 61; Force, _American

Archives_, 4th Series, III, 1385.

[6] Proclamation--"Whereas the enemy have adopted a practice of

enrolling Negroes among their troops, I do hereby give Notice that all

Negroes taken in Arms or upon any military Duty shall be purchased for

the public service at a stated price; the money to be paid to the

captors. But I do most strictly forbid any Person to sell or claim

right over any Negroes the property of a Rebel who may take refuge

with any part of this Army. And I do promise to every Negro who shall

desert the Rebel Standard full Security to follow within the Lines any

occupation which he may think proper." Given under my Hand at

Headquarters, Phillipsburg, the 30th day of June, 1799.

H. CLINTON.

By his Excellency's Commander

JOHN SMITH, Sec.

Journal of Continental Congress, II, 26; Van Tyne, _American

Revolution_.

[7] Force, _American Archives_, I, 486, Fifth Series.

[8] _Journal of Continental Congress_, II, 26.

[9] Ramsay, _History of South Carolina_, Edition, 1809, I, 474.

[10] Moore's _Historical Notes_, 14; _Journal of Negro History_, Vol.

I, p. 117.

[11] _Jefferson's Works_, Vol. II, p. 426.

[12] Sparks, _Washington's Works_, III, 218.

[13] Channing's _History of the United States_, Vol. III, pp. 348-369.

[14] _American Historical Association Report_, Vol. I, p. 273.

[15] Article 7, Treaty of Paris.--"There shall be a firm and perpetual

peace between his Brittanic Majesty and the said States, and between

the subjects of the one and the citizens of the other, wherefore all

hostilities both by sea and land shall from henceforth cease: All

prisoners on both sides shall be set at liberty, and his Brittanic

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; leaving in all fortifications the American artillery

that may be therein; and shall also order and cause all archives,

records, deeds and papers belonging to any of the said states or their

citizens which in the course of the war may have fallen into the hands

of his officers to be forthwith restored and delivered to the proper

states and persons to whom they belong."

McDonald, _Documentary Source Book of American History_, p. 208.

[16] _American Historical Association Report, 1874_, p. 421. Waits,

_American State Papers_, Vol. I, p. 279.

[17] _Journal of Negro History_, Vol. II, pp. 411-422.

[18] Sparks, _Washington_, Vol. VIII, Appendix, p. 544.

[19] Washington to Daniel Parker in Ford's _Washington's Writing_, X,

246-247.

[20] Ford's Edition of _Jefferson's Writings_, p. 127.

[21] _Journal of Negro History_, Vol. II, p. 417.

[22] Ford, _Washington's Writings_, X, 241-243.

[23] _Journal of Negro History_, II, 418.

[24] _Diplomatic Correspondence_, Vol. XI, p. 335.

[25] Ford, _Washington's Writings_, X, 241-243.

[26] _American State Papers--Foreign Relations_, I, p. 190.

[27] _Ibid._, I, p. 191.

[28] _Ibid._, I, pp. 188-192.

[29] _American State Papers, Foreign Relations_, Vol. I, pp. 188-192.

[30] _Blank certificate_--New York, April 23, 1783.

This is to certify to whomsoever it may concern that the bearer hereof

........... a Negro restored to the British Lines in consequence of

the proclamation of Sir William Howe and Sir Henry Clinton, late

Commanders-in-chief in America; and that the said Negro has hereby his

excellency's Sir Guy Carleton's permission to go to Nova Scotia or

wherever else .......... may think proper.

By order of

BRIGADIER GEN. BUCK.

E. WILLIAMS,

Major of Brigade.

[31] _American State Papers_, Vol. I, pp. 190-192.

[32] McDonald's _Source Book of American History_, p. 208.

[33] _American Historical Association Report_, Vol. I, p. 276.

[34] _Annals of Congress_, 4th Congress, p. 970.

[35] _Report of the American Historical Association_, pp. 413-444;

_Diplomatic Correspondence 1783-1789_ (3 Vol. ed.), II, 340.

[36] Morse, _John Adams_, p. 235.

[37] _Adams' Works_, Vol. VIII, p. 303.

[38] _American Historical Association Report, 1894_, p. 422.

McLaughlin. _American State Papers, Foreign Relations_, Vol. I, p.

122.

[39] _American Historical Association Report_, 1894, p. 422.

[40] _American State Papers, Confidential Documents_, Vol. X, p. 80.

[41] _American State Papers, Confidential Documents_, Vol. X, p. 85.

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