On the Bicentennial of the Treaty of Ghent, Reflecting on Its Slavery Clauses

CHICAGOLAWBULLETIN.COM WEDNESDAY, DECEMBER 24, 2014

Volume 160, No. 252 On the bicentennial of the Treaty of Ghent, reflecting on its slavery clauses

oday is the bicentennial possible rebellion. They wanted but returned the ship and the of the Treaty of Ghent. the slaves back or, failing that, LAW AND slaves to the French owners. On Christmas Eve 1814, compensation for their property. PUBLIC ISSUES The second important case was emissaries of His Bri- The British resisted Article I, The Antelope, 23 U.S. 66 (1825). In tannic Majesty and the but eventually agreed to it. For 1820, an American revenue cutter U.S.T formally agreed to a treaty more than 10 years, America, led captured the slave ship Antelope ending the War of 1812. by Adams, tried to enforce the off the coast of Spanish Florida. Upon ratification by Parliament clause, even seeking the help of ANN M. The American government and Congress, the hostilities end- the czar of Russia as mediator. LO U S I N claimed that the ship was trans- ed, and the “treaty of peace and Eventually, the British paid porting Africans for sale in the a m i ty ”became effective. What $1,204,960 in compensation to the U.S. The Supreme Court ordered Americans called “the second war slave owners, probably just to Ann M. Lousin has been a professor at most of the slaves repatriated to of independence”was over. make the issue go away. Appar- The John Marshall Law School since Liberia but also ruled that 30 The treaty essentially provided ently, Britain returned no slave to 1975. Before then, she was a research slaves were the property of the assistant at the 1969-1970 Illinois that each country reverted to the a former master. constitutional convention and Spanish claimants and must be position it was in before the war The other slave clause was Ar- parliamentarian of the Illinois House of sent to Florida as slaves. began in June 1812. As was the ticle X, which read: “Whereas the Representatives. Her treatise “The Illinois These two cases set the stage custom, there were provisions for traffic in slaves is irreconcileable State Constitution: A Reference Guide” for the famous case The Amistad, restitution of private property. (sic) with the principles of hu- was published in December 2009. She can 40 U.S. 518 (1841). Africans being However, this treaty also con- manity and justice, and whereas be contacted at [email protected]. transported on a Spanish slaver tained two clauses relating to both his Majesty and the United took over the ship and sought to slavery. Britain had abolished slav- States are desirous of continuing trade on humanitarian principles. return to Africa. Instead, the crew ery in 1807, and the U.S. Con- their efforts to promote its entire Britain soon began to use its brought them to New York. By stitution had prohibited the im- abolition, it is hereby agreed that “best endeavors”by seizing then, the abolitionist movement in portation of slaves after 1808. The both the contracting parties shall “s l a v e r s , ”ships carrying slaves America had gained influence. institution of slavery continued in use their best endeavors to ac- across the Atlantic. Some of these John Quincy Adams, a septuage- the U.S., however, and the slave complish so desirable an object.” were American-owned, but others narian U.S. representative with no states held great power, including Does this clause contradict Ar- were Spanish ships because Spain further political ambitions, took the power to influence the nego- ticle I? Actually, no. It was a key- did not abolish slavery until 1820. the case in the Supreme Court. tiation of the treaty. stone of British foreign policy to The U.S. began enacting One issue in The Amistad wa s The first article of the treaty eliminate the Atlantic slave trade, statutes to enforce its treaty obli- the effect of the various treaties stipulated that “all possessions” in good part because the aboli- gations. Prosecutions of slavers, entered into among the U.S., taken during the war “shall be tionist movement in Britain had whether American or foreign, be- Britain and Spain committing restored without delay,”including those countries to the abolition of “any slaves or other private prop- the slave trade. e r t y. ” Adams had come full circle. He persuaded Adams, who had once lobbied Why did John Quincy Adams, Britain to return slaves to their head of the American delegation the Supreme Court that the Africans American masters, now found his and a lifelong opponent of slavery, should be returned to Africa. The Atlantic true voice. His father once fa- agree to this clause? The most mously declared that “all men are obvious answer was that he was slave trade was doomed. created equal.”As a U.S. repre- ambitious to become president sentative, Adams lobbied to have and needed the support of slave become influential in government. gan with haphazard success. Sev- the gag rule repealed so that abo- states to achieve that goal. The U.S. also had an interest in eral cases showed a clash between litionists could present their pe- More importantly, that was the abolishing the trade. Slave owners humanitarian principles and the titions regarding slavery directly position of the U.S. government, wanted to keep the market price law, including treaties that sought to Congress. headed by a slave-owning Pres- of the slaves already in the coun- to eliminate the slave trade. Adams had come full circle. He ident James Madison. try as high as possible. The im- The first important case was persuaded the Supreme Court During the war, the British portation of slaves, which was U.S. v. La Jeune Eugenie, 26 F. Cas. that the Africans should be re- forces welcomed runaway slaves, continuing despite the constitu- 832 (C.C.D. Mass. (1822)). The ship turned to Africa. The Atlantic who even enlisted in the British tional ban after 1808, threatened was an American slaver flying a slave trade was doomed. The as- armed forces. Thousands of to cause a drop in market price. French flag. Writing for the 1st pirations of Article X of The American slaves fled to the The American abolitionist move- U.S. Circuit Court of Appeals, Jus- Treaty of Ghent were fulfilled. British. American slave owners ment, which Adams would even- tice Joseph Story decried slavery —Thanks to Victor M. Salas for feared a loss of cheap labor and tually support, opposed the slave as a violation of international law his assistance.