This
surely was an interference with the institution of slavery in the
States. By the treaty of peace, Great Britain stipulated to evacuate
all the forts and places in the United States, without carrying away
any slaves. If the Government of the United States had no power to
interfere, in any way, with the institution of slavery in the States,
they would not have had the authority to require this stipulation. It
is well known that this engagement was not fulfilled by the British
naval and military commanders; that, on the contrary, they did carry
away all the slaves whom they had induced to join them, and that the
British Government inflexibly refused to restore any of them to their
masters; that a claim of indemnity was consequently instituted in
behalf of the owners of the slaves, and was successfully maintained.
All that series of transactions was an interference by Congress with
the institution of slavery in the States in one way--in the way of
protection and support. It was by the institution of slavery alone
that the restitution of slaves, enticed by proclamations into the
British service, could be claimed as property. But for the
institution of slavery, the British commanders could neither have
allured them to their standard, nor restored them otherwise than as
liberated prisoners of war.
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