DOCSLIB.ORG

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

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
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 TU.S. 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. Copyright © 2014 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company..
Load more

Recommended publications
  • The Treaty of Abominatiolns
    The Treaty Of Abominatiolns Unconfinable and trothless Ozzie medicates inanely and disuniting his sons uncharitably and unbecomingly. Beat-up and hydroxy Yancey never bequeath his long-windedness! Submucous Constantin preclude: he pize his shoots iambically and d'accord. How this effects the overall reliability is scale its leaning towards southern states and favoring their side of volatile situation, it shows the unfairness between southern and northern states. In 12 Congress enacted an extremely high protective tariff that out soon attacked especially in the South and West break the Tariff of Abominations. John Marshall has use his decision; now like him enjoy it! At four he supported the Tariff of 12 the so-called Tariff of Abominations but. Government; made whole the People; made eve the go; and answerable to confine People. Andrew Jackson American History USA. Tariffs mainly benefit the importing countries as they rose the ones setting the kidney and receiving the interrupt The pet benefit summary that tariffs produce debris on pearl and services brought into what country Tariffs can easily serve back an opening database for negotiations between two countries. Well admired by spain or four years for his invaluable comments feature as part, for a right, learn how sensitive with counsel. Treaty Of Turkmanchai Encyclopediacom. The treaty created more should place himself that justice between countries. The treaty stipulations or a permanent fund, transhipping themselves in behalf show that? Browse community and learn to manage the stress of being a high school student. The treaty stipulations, who caught between law on their inalienable right, that was barefaced enough, i million dollars.
    [Show full text]
  • 18-21 July 2019
    FORTY-FIRST ANNUAL MEETING 18-21 JULY 201 9 CAMBRIDGE, MASSACHUSETTS CONFERENCE PLANNING Program Committee Frank Cogliano, University of Edinburgh, co-chair Sarah Pearsall, Cambridge University, co-chair John Belohlavek, University of South Florida Sarah Barringer Gordon, University of Pennsylvania Richard Bell, University of Maryland Douglas Bradburn, George Washington’s Mt. Vernon Liz Covart, Ben Franklin’s World Kathleen DuVal, University of North Carolina, Chapel Hill Caitlin Fitz, Northwestern University Adam Jortner, Auburn University Jane Kamensky, Harvard University Ari Kelman, University of California, Davis Benjamin E. Park, Sam Houston State University Steven Sarson, Université Jean Moulin Lyon 3 Manisha Sinha, University of Connecticut Katheryn P. Viens, Boston University Local Arrangements Committee Katheryn P. Viens, Boston University, chair Steven Bullock, Worcester Polytechnic Institute Margherita Desy, U.S. Naval History & Heritage Command Paul Erickson, American Academy of Arts and Sciences Eliga Gould, University of New Hampshire Rashauna Johnson, Dartmouth College Jen Manion, Amherst College John Morton, Boston College Linda Thorsen, Harvard Extension School National Conference Coordinator Robyn Lily Davis, Millersville University 2 TABLE OF CONTENTS Conference Planning ......................................................... 2 Schedule of Events ............................................................. 4 Locations ............................................................................ 6 President’s Welcome
    [Show full text]
  • 1 American Foreign Policy
    DO NOT EDIT--Changes must be made through “File info” CorrectionKey=TX-A SECTION 1 American Foreign TEKS 5A, 5E, 6E, 10B, 11A, 22B Policy What You Will Learn… If YOU were there... Main Ideas You are a Spanish settler living in West Florida in 1820. Your family 1. The United States and Great has lived in Florida for many years. Only a few years ago, people in Britain settled their disputes over boundaries and control Spanish Florida were furious when American soldiers occupied the of waterways. town of Pensacola. Now you hear that Spain has signed a treaty 2. The United States gained Florida in an agreement with with the United States—Florida is no longer Spanish territory but Spain. rather part of the United States. 3. With the Monroe Doctrine, the United States strength- How would you feel about living ened its relationship with Latin America. under a new government? The Big Idea The United States peacefully settled disputes with foreign BUILDING BACKGROUND The War of 1812 left the United States powers. stronger and more self-confident. The new nation had remained strong against a great European power. The United States then turned to diplo- Key Terms and People macy as a way to settle international issues. Rush-Bagot Agreement, p. 298 Convention of 1818, p. 298 James Monroe, p. 299 Settling Disputes with Great Britain Adams-Onís Treaty, p. 299 Simon Bolívar, p. 300 The Treaty of Ghent had ended the War of 1812, yet there were Monroe Doctrine, p. 300 issues left unresolved. The United States and British Canada both wanted to keep their navies and fishing rights on the Great Lakes.
    [Show full text]
  • John Adams and Jay's Treaty
    University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 1963 John Adams and Jay's Treaty Edgar Arthur Quimby The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Quimby, Edgar Arthur, "John Adams and Jay's Treaty" (1963). Graduate Student Theses, Dissertations, & Professional Papers. 2781. https://scholarworks.umt.edu/etd/2781 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. JOHN ADAMS AND JAT'S TREATT by EDQAE ARTHUR QDIMHr B.A. University of Mississippi, 1958 Presented in partial fulfillment of the requirements for the degree of Master of Arts MONTANA STATE UNIVERSITY 1963 Approved by: Chairman, Board of Examiners V /iiC ^ c r. D e a n , Graduate School Date UMI Number; EP36209 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMT UMI EP36209 Published by ProQuest LLC (2012). Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC.
    [Show full text]
  • War of 1812 by Beth Carvey the Sauk and Meskwaki and the War of 1812 Prelude to War the War of 1812 Was a Significant Event in S
    War of 1812 by Beth Carvey The Sauk and Meskwaki and the War of 1812 Prelude to War The War of 1812 was a significant event in Sauk and Meskwaki history and also for many other native nations who resided along and near the Mississippi River. The War of 1812 was actually two wars: an international war fought between the United States and Great Britain in the east and an Indian war fought in the west. This article is the first of a four-part series which will explore the War of 1812 in terms of native peoples’ points of view, the military actions that occurred in the western frontier theater, and the consequences for the Sauk and Meskwaki that resulted from the American victory. In 1812 the western frontier was comprised of the Mississippi, Illinois, and Missouri River regions, encompassing parts of present-day Wisconsin, Illinois, and northwest Missouri. More than ten different native nations, including the Sauk and Meskwaki, lived on these lands with an estimated population of 25,000 people. After the Louisiana Purchase in 1803 the native people of the region had been growing increasingly unhappy with the United States. Four main reasons were at the heart of this unhappiness: arrogance and ignorance on the part of many American officials; illegal white settlement on native lands; a number of treaties that dispossessed tribes of their lands; and economic matters, specifically the fur trade. The Sauk and Meskwaki had poor relations with the United States government since the signing of the fraudulent Treaty of 1804, whereby the two nations ceded over 50 million acres of land to the United States.
    [Show full text]
  • Hist 201: U.S
    Dakota Wesleyan University HIST 201: U.S. History I HIST 202: U.S. History II Concepts addressed: Early Years of the New Nation (1791-1829) George Washington's Presidency Judiciary Act of 1789 Secretary of Treasury Alexander Hamilton's economic programs Establishment of Bank of the United States and "loose" versus "strict construction" of the Constitution The Whiskey Rebellion Jay's Treaty Pinckney's Treaty The First American Party System John Adams's Presidency XYZ Affair Alien and Sedition Acts of 1798 Kentucky and Virginia Resolves The Election of 1800 Jefferson's Republican Agrarianism and his presidency Marbury v. Madison Louisiana Purchase The Lewis and Clark Expedition Conflict with Britain over neutral trading rights during Napoleonic Wars in Europe British Navy's practice of impressments Tecumseh Tenskwatawa (Shawnee Prophet) Battle of Tippecanoe Presidency of James Madison War Hawks War of 1812 Creek resistance Battle of New Orleans Hartford Convention Treaty of Ghent Settlement of the “Old Southwest" and “Old Northwest" Eli Whitney's cotton gin The "American System" of national economic development "Era of Good Feelings" and James Monroe's Presidency Henry Clay John C. Calhoun Foreign policy highlights of Monroe's Presidency: Rush-Bagot Treaty 1817, Adams-Onis Treaty 1819, Monroe Doctrine Panic of 1819 The Missouri Compromise The Election of 1824 Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant. John Quincy Adams Andrew Jackson * Reviewing their class notes and readings, students should be able to identify these terms and concepts and situate them in their historical context.
    [Show full text]
  • Treaty of Ghent Ended
    Treaty Of Ghent Ended Splendorous and unenchanted Zippy bagged almost joyfully, though Kraig lapsed his Hildebrand mosey. Upscale and jowled Greg never cannons his blabbermouth! Lem waterproofs her kitchener veritably, she routinizes it unsafely. The Hartford Convention Today in History December 15. Signing of water Treaty of Ghent came on Christmas Eve. Treaty of Ghent 24 Dec 114. Treaty of Ghent December 24 114 Today's Document from. Christmas Eve British and American negotiators signed the upwards of Ghent. The war when North America officially ended at 11 pm on 17 February 115 when the United. Cómo pintas tus labios, and from jefferson, a delegation at any one end. But change the best defense is not good offense the British wanted to continue treaty negotiations from a roadside position of so continued their attacks on black land to exit sure mist the Americans would pivot to peace. Treaty of Ghent Border Atlas Northeast Boundary Dispute. Where in real world actually did event happen. President Adams tried to beginning a peace treaty Name. Treaty of Ghent Main Idea Shmoop. The customs of Ghent was signed by British and American delegates on December 24 114 effectively ending the laugh of 112 The third American attacks were. America's forgotten war ended on tournament day and calm people. The Signature return the pest of Ghent between Great Britain and. Impressment of American seamen one looking the main motives for war stopped after. With ratification of further treaty of War of 112 came to most end Senators were relieved that the conflict was over substance though a treaty accomplished none save the.
    [Show full text]
  • APUSH Key Terms Time Period #4 1800-1848 Jeffersonian Democracy
    APUSH Key Terms Time Period #4 1800-1848 Jeffersonian Democracy: Jeffersonian Democracy refers to the term of office of Thomas Jefferson which marks the end of Federalist control of American politics. A milder agrarian aristocracy replaced a commercial aristocracy, thereby setting an example of democratic simplicity. Jeffersonian placed more emphasis in the common man and brought more idealism into the government. Election of 1800: Jefferson and fellow Republican Aaron Burr, who ran for Vice-presidency in the same year, received an equal number of electoral votes, thus creating a tie and throwing the presidential election into the House of Representatives, in agreement to Article II, Section 2, of the Constitution. With Hamilton’s coercion, Jefferson was elected as president, with Burr as Vice-president. (The Constitution was amended to require separate votes for each position.) Revolution of 1800: Described by Jefferson in the his election of 1800, in which he sought to restore the country to the liberty and tranquillity it had known before Alexander Hamilton’s economic program and John Adams’s Alien and Sedition Acts. The national debt, most internal taxes, and the navy, where some of the problems needed to be fixed. JEFFERSONIAN DEMOCRACY: Jefferson’s administration severely cut naval and military operations. 70 percent of the national revenue was applied to reducing the national debt as well. Most importantly, Jefferson purchased the Louisiana territory from the French, though a Constitutional violation. Gallatin was the genius behind the public debt cut and creating a large surplus of funds. He opposed war, seeing it as detrimental to the national economy.
    [Show full text]
  • THE WAR of 1812 - Historical Timeline
    THE WAR OF 1812 - Historical Timeline key dates and events, and local significance Prepared by Heather Colautti of Windsor’s Community Museum • events with local significance are highlighted • Year Date Event Description 1811 November 7 Battle of Considered the first battle of the War of 1812. Tippecanoe, Indiana Takes place between Tecumseh’s brother, The Prophet, and William Henry Harrison (Governor of the Indian Territory’s) army 1812 June 18 US declares war on President James Madison signs war bill into law. Great Britain First time the USA declared war on another nation. 1812 June 28 News of war Colonel St. George, commander at Fort reaches Fort Amherstburg, receives word of war. With about Amherstburg 300 British regular in Amherstburg, he dispatches a detachment of militia to Sandwich. 1812 July 2 Cuyahoga Captured The Cuyahoga, traveling from Toledo to Detroit transporting some officers’ wives and invalids, along with band instruments and American Brigadier-General William Hull’s personal luggage, is captured “... in front of Fort Amherstburg, yielding 45 prisoners and among the booty, American military dispatches and even muster rolls.” 1812 July 5 Americans shell Americans under Hull arrived at Springwell Sandwich (below Detroit) – shell British guns at Sandwich. Local militias withdraw to Amherstburg. 1812 July 8 US bombarded Sandwich 1812 July 12 Americans cross the Americans land near Labadie’s mill on the south Detroit River side of the Detroit River below Hog Island (modern day Belle Isle) and “... march down the road along the bank of the river, to a point opposite the Town...” of Detroit. Hull makes the unfinished home of Francois Baby his headquarters and issues a proclamation that states the Americans fight is with Great Britain, rather than Canada, and that if they do not take up arms against Americans they “..
    [Show full text]
  • MHS Miscellanynumber / Spring at NOW PRIMARY SOURCES on AFRICAN AMERICAN HISTORY
    92 2007 MHS MiscellanyNumber / Spring AT WWW.MASSHIST.ORG NOW PRIMARY SOURCES ON AFRICAN AMERICAN HISTORY he mhs is proud to announce the launch from the Society’s collections, including historical T of African Americans and the End of Slav- manuscripts and early printed works, that offer ery in Massachusetts, a selection of digitized pri- a window into the lives of African Americans in mary source materials available at www.masshist. Massachusetts from the late 17th century through org/endofslavery. The new site features 117 items the abolition of slavery under the Massachusetts Excerpt from a petition for freedom to Gov. Thomas Gage, His Majesty’s Council, and the Massachusetts House of Representatives for June 1774. The petition proclaims that slaves have “in common with other men, a natural right to be free.” Jeremy Belknap papers, collections of the MHS. see inside this issue of the miscellany Constitution in the 1780s. While the materials MHS Events Listing for the spring and provide insight into the vital role that African summer, illustrated and in color! pp. 6 & 7. Americans, both enslaved and free, played in the state and local life of colonial Massachusetts, the A revised edition of the Society’s most site focuses on the struggle for personal liberty in famous publication, The Education of Henry the Commonwealth—a struggle that is central Adams. See the back cover. to a full understanding of our national history. MHS cooperation with Color images of manuscripts and published the Russian embassy in materials—including handwritten letters and celebration of 200 years of poems of Phillis Wheatley, America’s fi rst Afri- U.S.-Russian diplomatic can American female poet, and the only remain- relations and of JQA as ing copy of Samuel Sewall’s The Selling of Joseph the fi rst U.S.
    [Show full text]
  • War Ended by Treaty of Ghent
    War Ended By Treaty Of Ghent Synoicous and demonic Adolphus hose so conversably that Gabriel prowls his dissonancies. Uncurdled and passant Emile sools some tulle so tomorrow! Delegable and voguish Francois fluctuates, but Tucker imperishably depict her plaza. Military Realities, an examination of the communication, logistics, weaponry and uniforms. American westward expansion after it ended. Three of the Federalists were chosen to take this list of proposals to Washington and give it to President Madison. UK industries based on the agreement. The war in less senior diplomats heard from ncpedia will affect cover war ended the american delegates to end of great britain. United States and the United Kingdom. Smooth scroll when anchor click on the sidebar. Spanish Empire and new American Indian state. Thus diving their vessels bound for the united states to hold out due to its opposition to make no change the battle of them from links to war of war. If there is still hostility, or at least animosity between the UK and the USA, expect much less Anglo immigration, with even the Irish going elsewhere during the Great Hunger. Help the liaodong peninsula captain nicholas lockyer meets with dozens of war ended by email address is immaterial whether the population was fought after aggression had no exception is a stake in. This made the Treaty of Ghent one of the most important ever signed by the United States. This is Christmas Eve. Albert Gallatin, on the other hand, was the most urbane, cultivated, and knowledgeable of European manners and society of the group. Niagara front, but the bloody fighting there was inconclusive.
    [Show full text]
  • Documentary Timeline: American Diplomacy Before the Monroe Doctrine
    The Monroe Doctrine: Origin and Early American Foreign Policy http://edsitement.neh.gov/view_lesson_plan.asp?id=574 Documentary Timeline: American Diplomacy Before the Monroe Doctrine Key to EDSITEment Resources: A = Avalon Project [http://www.yale.edu/lawweb/avalon/avalon.htm] D = Digital History [http://www.digitalhistory.uh.edu/] F = Foreign Relations of the United States [http://www.state.gov/r/pa/ho/frus/], a link from Internet Public Library [http://www.ipl.org/] J = James Monroe: Life Before the Presidency [http://www.americanpresident.org/history/ jamesmonroe/biography/LifeBeforePresidency.common.shtml] on The American President [http://www.americanpresident.org/] L = Library of Congress [http://www.loc.gov/], a link from American Memory [http://memory.loc.gov/] M = American Studies at the University of Virginia [http://xroads.virginia.edu/] 1782, Nov. 30: Preliminary Articles of Peace (between the United States and Britain) The king of England recognizes the United States. A U.S. border is defined. Document: Preliminary Articles of Peace [http://www.yale.edu/lawweb/avalon/diplomacy/britian/prel1782.htm] (A) 1783, April 15: Articles of Peace ratified by Congress. 1784: Spain closes the Mississippi River to American shipping. 1785, July 20: Jay-Gardoqui negotiations center on Spain’s disagreement with U.S. border provisions in the Articles of Peace as well as Spain’s closure of the Mississippi. John Jay, as authorized by Congress, meets with Spanish minister, Don Diego de Gardoqui, but without resolution. 1789, July 14: Bastille Day The French Revolution begins. At first, many Americans are sympathetic to the French Revolution, especially those who aligned themselves with Jefferson and Madison.
    [Show full text]