The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1863-01-13
STOLEN AND DEPoRTED SLAVES.

ihe I'VE" Aoik Heraid IN q late article on Lin
coins Emancipation Proclamation, which il de-
clares can have no effect, except where there are
armies in position to carry it out, has the follow
ing paragraph:
"The Constitution defines treason and prescribes
the mode of Furnishing it. Whole communities
cannot be legally made traitors by proclamafions,
nor their property seized and copfiscated; and If
Congress passed fifty laws on the subject they
would have no legal efficacy Consequently, II
slave property should be taken away from the citi
.ens of the United States by Generals of the army
In virtue of the proclamation Of the President, the
property must be restored or paid for by the Uni
ted States Government unless the persons from
whom it bad been taken should be convicted of
treason in court Of law, and after full and fair
! trial"
The Herald is correct. The slaves taken from
our citizens during the war will have to be &C.
counted for at its end either BY restoration or in
| demnty. The matter will not admit of controvcr.
sy for, in addition to the obvious propriety of such
course, the exact question has been adjudicated
by the United States and stands on record against
| them. At the end of the Revolutionary War, and
again at the close of the warof 1912, this point
came up, and it was settled in the Treaty of Peace
of 17S3 and in the Treaty of Ghert in 1914, in
favor of the restitution Of slaves abducted by mill
| tary authority from the South A Southern con-
temporary, who has taken the trouble to refer to
the record, presents the following abstract of his
tory touching the case:
at is true that Great Britain long and strenu.
ousy resisted the fument Of these articles in the
two treaties, and as to the first, finally succeeded
by wearing out the patience of the American Gov
ernment in causing the claim to be waived or drop
ped. During the revolution, thousands of slaves
were carried away by the British upon precisely
the grounds as is now done by the Yankee Gen
erals, to wit for the purpose Of weakening and
annoying their enemies, and because property
of enemies slaves were lawful prizes Of war
History presents with another parallel between
British policy and Yankee policy and its results
Ii informs us that in Virginia alone, q 900 ne
s,roes taken from their masters perished Of disease
in British camps The same destruction OF life
is now going on in Yankee camps from disease, ex-
posure, prvation and neglect.
The statesmen of the Union never remained
satisfied with the inexecution of the treaty of
1888 In fhe seventh article Of that treaty, it was
specially stipulated that the evacuation (by the
British treoops) should be made "witbout carrying
away any negroes or other property belonging to
the American inhabitants" Yet thousands were
carried away without restitution or compensation.
The Congress of the Confederation, and afterwards
the Federal Government, continued to insist on
indemnity until the claim became obsolete BY be-
ing waived at the conclusion Of jays Treaty of
1871. But what Gen. Washington's admiuistra-
tion contended for in vain conceded after
protractcd negotiation and struggle after the war
Of 1912.
The United States Commissioners at Client
provided against this old difficulty in the first
ticle of the treaty, iu these words: "All places
taken &c, shall be restored without delay, &c, or
carrying away of the artillery, or other public !
property originally captured in the said port. or
places, or any slaves Or other private property"
Plain as this provision was, Great Britain made |
it the subject Of long continued controversy with
the United States, and after seven years Of vain |
efforts to come to an understanding, the two pow
ers were unable to accomplish it, and it was agreed
to refer the question to arbitrament. The Empe-
ror Alexander Of Russia accepted the post of ar
bitraor and decided in favor Of the United States
The decision of the Emperor was as unintegible
Great Britain the treaty stipulation had been.
second misunderstanding gave rise to another
negotiation which ended in agreement to pay
the value of the deported slaves. This took place
in 1927, John Q. Adams being President, and |
some twelve hundred thousand dollars being the !
amount of the indemnity.
The case was solenlnly presented TO the Empe- |
ror Alexander, the United States represented by
Mr. Henry Middleton, the minister, and Great |
Britain by Sir Charles Bagct-the Counts Nc:scl-
rode and Cape D'Istrias receiving the arguments
to be laid before the Emperor. His Majesty's de-
cision peremptory, 'tbat the United States
are entitled to just indemnGcation from Great |
Britain for all private property carried away by |
the British forces and for all such slaves as were
carried away &c. Explicit was the decision, |
the British minister raised the point that it did |
not apply to slaves who voluntarily joined the |
British troops to obtain their freedom aud he sub
mitt.d note TO be laid before the Emperor on
that point. "To this note, says Mr. Benton in
his Thirty Years View alexander gave an.
swer which is a model of categorical reply 10 un-
founded dubitation." 1t was again against Great
Britain, and that Power having ex hausted every
diplomatic prctext for delay, and being bound to
obey The arbitrament of the Emperor, concluded
convention for carrying the decision into effect
The value of deported slaves settled BY CON-
mission and paid into the United States Treasury,
aud at the commencement Of the session Of Con-
gress 1827-'28, PIesdent J. O. Adams was able
to communicate the fact Of the settlement of this
important dispute"
The important bearing Of this scrap of Ameri-
can history as precedent upon the issues of tho
present struggle cannot be better illustrated than
by quoting from Dir Benton, and remembering
that he wrote before the present contest began:
"The sum received was large, and ample TO pay
the damages; but that the smallest part OF the
advantage gained - The example and che Psnc,Pie
were the main points-tbe enforcement OF such
demand against government so powerful, and
after so much resistance, and the condemnation
which it carried, and the responsibility which il