“In the course of our conversation on this point, I was surprised to hear you mention, that an embarkation had already taken place, in which a large number of negroes had been carried away.  Whether this conduct is consonant to, or how far it may be deemed an infraction of the treaty, is not for me to decide.  I cannot, however, conceal from you, that my private opinion is, that the measure is totally different from the letter and spirit of the treaty.  But waiving the discussion of the point, and leaving its decision to our respective sovereigns; I find it my duty to signify my readiness, in conjunction with your Excellency, to enter into any agreement, or take any measures, which may be deemed expedient, to prevent the future carrying away of any negroes, or other property of the American inhabitants."[606]

In his reply, dated New York, May 12, 1783, Sir Guy Carleton says,—­

     “I enclose a copy of an order, which I have given out to
     prevent the carrying away any negroes or other property of
     the American inhabitants."[607]

It is clear, that notwithstanding the Act of the Massachusetts Legislature, and in the face of the law of Congress on the question of recaptures, Gen. Washington, the Congress of the United Colonies, and subsequently of the United States, regarded Negroes as property from the beginning to the end of the war.  The following treaties furnish abundant proof that Negroes were regarded as property during the war, by the American government:—­

     “PROVISIONAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA
     AND HIS BRITANNIC MAJESTY.

“Agreed upon by and between Richard Oswald, Esquire the Commissioner of His Britannic Majesty, for treating of Peace with the Commissioners of the United States of America, in behalf of his said Majesty, on one part, and John Adams, Benjamin Franklin, John Jay and Henry Laurens, four of the Commissioners of the said States, etc., etc., etc.

“Article VII. * * * All prisoners on both sides shall be set at liberty, and His Britannic 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.* * *

     “Done at Paris, Nov 30, 1782.

                                        “RICHARD OSWALD, [L.S.]
                                        “JOHN ADAMS, [L.S.]
                                        “B.  FRANKLIN, [L.S.]
                                        “JOHN JAY, [L.S.]
                                        “HENRY LAURENS, [L.S.]"[608]

     “DEFINITE TREATY OF PEACE, BETWEEN THE UNITED STATES OF
     AMERICA AND HIS BRITANNIC MAJESTY.

“Article VII. * * * And His Britannic 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, etc., etc., etc.* * *

     “Done at Paris, Sept. 3, 1783.