Circa1865

The following is a glimpse of the Debates in the House of Representatives of the US during the First Session of the Fourth Congress, Part II, upon the subject of the British Treaty. Members of the House, especially those of Massachusetts and Pennsylvania were surprised that compensation for the loss of slaves by Americans during the war was not within the document. The following was written by William Renwick Riddell of Toronto, September 24, 1927.

Post-Revolution Dispute over Slaves

When Britain accepted the Treaty, Washington proclaimed it on February 2, 1796, and sent a copy to both Senate and House.

In reading these debates I was struck by the prominence given to the claims for Negroes taken away [by the British] in 1783 and earlier. This was not one of the matters as to which [negotiator] John Jay was instructed to be insistent . . . But the greatest number of protests in the House were concerning these Negroes.

Mr. Maclay of Pennsylvania, on April 14, gave as his first objection to the treaty “that it did not provide for the loss of the Negroes” (p.34). Mr. S. Lyman of Massachusetts thought that Jay should have told the British Minister at the very first interview: “You have carried off our Negroes” (p.52).

Mr. Nicholas of Virginia complained that “of the Negroes [carried off by British troops] nothing is said in the present Treaty. Some Representatives, like Mr. Hillhouse of Connecticut, thought “Negroes, horses and other property were . . . placed on the same footing and that it was as much a violation of the Treaty to carry away a horse as a Negro.” He asked, “will any man say after reviewing the circumstances, that the 7^th Article was meant to secure the restitution of Negroes and other property taken in the course of the War?”

Mr. Findley of Pennsylvania considered that “the claim for recompense for Negroes was as strong as that for the recovery of British debts and as equitable (p.177).” Mr. Holland of North Carolina thought it strange that in things that were self-evident, there should be so great a difference of opinion and that the war-emancipated Negroes should be returned to their former masters in America (p.99). Mr. Gallatin of Pennsylvania agreed and said that the British ministry had agreed to this interpretation during Mr. Adma’s embassy, but the American ‘negotiator (Jay) had for the sake of peace waived that claim.

At his day we might ask ourselves, what would be thought of the United States if they had sent back South . . . the slaves emancipated by Lincoln? In the end, for the sake of peace Britain in 1826 paid $1,204, 960 for those slaves taken, though none were returned to the US.”

(Great Britain, Canada and the Negro. Journal of Negro History, Carter G. Woodson, ed., Vol. XIII, No. 2, April 1928. pp. 188-180)