It is printed among the resolves of November, 1779.
“XXXI. Resolve
relinquishing this state’s claim to a number
of Negroes, passed November
18, 1779.
“Whereas a number of negroes were re-captured and brought into this State by the armed vessels Hazard and Tyrannicide, and have since been supported at the expense of this State, and as the original owners of said Negroes now apply for them:
“Therefore Resolved, That this Court hereby relinquish and give up any claim they may have upon the said owners for re-capturing said negroes: Provided they pay to the Board of War of this State the expence that has arisen for the support and clothing of the Negroes aforesaid."[600]
On the 12th of April, 1780, Massachusetts passed an Act providing more effectually “for the security, support, and exchange of prisoners of war brought into the State.” It declares that
“All Prisoners of War, whether captured by the Army or Navy of the United States, or armed Ships or Vessels of any of the United States, or by the Subjects, Troops, Ships, or Vessels of War of this State, and brought into the same, or cast on shore by shipwreck on the coast thereof ... all such prisoners, so brought in or cast on shore (including Indians, Negroes, and Molatoes) be treated in all respects as prisoners of war to the United States, any law or resolve or this Court to the contrary notwithstanding."[601]
The above Act was passed in compliance with a resolution of Congress, Jan. 13, 1780; and it repealed an Act of 1777, that made no provisions for the capture of Negroes.
On the 23d of January, 1784, Gov. Hancock sent a message to the Legislature, transmitting correspondence received dining the adjournment of the Legislature from Oct 28, 1783, to Jan. 21, 1784. Calling the attention of the Legislature to this correspondence, he referred to a letter from “His Excellency the Governor of South Carolina, respecting the detention of some Negroes here, belonging to the subjects of that state. I have communicated it to the Judges of the Supreme Judicial Court—their observations upon it are with the Papers. I have made no reply to the letter, judging it best to have your decision upon it."[602] The same papers on the same day were read in the Senate, and a joint committee of both houses was appointed. The committee reported to both branches of the Legislature on the 23d of March, 1784, and the report was adopted. A request was made of the governor to furnish copies of the opinions of the judges, etc.
“CLXXI. Order
requesting the Governor to write to Governor
Guerard of South
Carolina, inclosing the letter of the
Judges of the Supreme
Judicial Court, March, 23d, 1784.