1783 at RockinghamBlack Refugees and the Crisis of American Freedom Search

The Clause

Between Yorktown and the peace, the founders tried to get back the people who had freed themselves, and wrote that demand into the treaty that ended the war. British commanders refused to return people they had promised freedom. (1781 to 1783)

The short version

  1. After Yorktown, Washington’s headquarters ordered Black people in the town collected and returned.
  2. Congress told its peace negotiators to press for the return of people carried off.
  3. Article VII of the treaty barred the British from “carrying away any Negroes or other Property.”
  4. At New York the British refused, and about 3,000 people sailed free.

Yorktown

· October 1781

After the British surrender, hundreds of Black people who had sought freedom with the British were inside the captured town. Washington’s headquarters ordered them collected.

A
“others have attempted to impose themselves upon the officers of the French and American Armies as Freemen”
B
“not to suffer any such negroes or mulattoes to be retained in their Service but on the contrary to cause them to be delivered to the Guards”
After Orders, October 25, 1781. The order gathered people by color and presumed them enslaved; Virginia’s agent would give passes “to return to their Masters.”Library of Congress, George Washington Papers, Varick Transcripts, Letterbook 6, pp. 68 to 69.See the whole document, every page →

A different Sukey and her children

Sukey, about 50, a cook, and her children George Wilks, about 30, a bay pilot; Sal, about 25, a weaver; Ben, about 15; and Rachel, about 12, were taken on Chesapeake Bay and put aboard a French warship. Their enslaver asked Washington for help, and Washington wrote the French admiral asking that they be “sent back to their Master.” What became of the family is not recorded.

This Sukey is not the Sukey Sparrow of Board 1.

The instruction

· Philadelphia, September 1782

On James Madison’s motion, Congress told its peace negotiators that “many thousands” of enslaved people had been carried off, and to press for their return.

“that Many thousands of slaves & other property to a very great amount have been carried off or destroyed by the Enemy”
Madison’s motion, September 10, 1782, in his hand, marked “passed.” The third paragraph was struck and replaced.National Archives, Papers of the Continental Congress, Item 36, vol. 1, p. 379.See the whole document, every page →
Clarke no · Condict no · Witherspoon ay
New Jersey’s votes. Abraham Clark and Silas Condict voted no; John Witherspoon, president of the college at Princeton, voted aye. The record does not say why.Same item, p. 380 (roll call).See the whole document, every page →
9states voted aye
2voted no: Maryland and New Jersey
The full roll-call page.National Archives, Papers of the Continental Congress, Item 36, vol. 1, p. 380.See the whole document, every page →

The words

· Paris, November 30, 1782
A
“without causing any Destruction, or carrying away any Negroes or other Property of the American Inhabitants”
B
“and shall also Order & cause all Archives, Records, Deeds & Papers” … to be restored
Article VII, page 13 of the American original of the definitive treaty, signed September 3, 1783.National Archives, RG 11, Treaty Series 104.See the whole document, every page →

On the last day of the talks Henry Laurens, an American commissioner, added the words. The British were to withdraw their forces without carrying away people, and to return captured papers.

Papers were to be given back; people were only not to be carried away. The same words stood in the definitive treaty of September 3, 1783.

The American claim

American negotiators claimed that people who had escaped to the British remained enslaved and demanded their return.

The British answer

British commanders held that people who had come in under the proclamations were free, and would not break that promise.

The men who wrote the words. Benjamin West’s unfinished painting of the American commissioners, begun in 1783: John Jay, John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin, secretary (left to right). The British negotiator, Richard Oswald, never sat. Laurens had made his fortune importing enslaved Africans at Charleston; Oswald was part owner of a slave-trading fort in Sierra Leone.Winterthur Museum, gift of Henry Francis du Pont (1957.0856).
The signatures and seals, last page of the American original.National Archives, RG 11, Treaty Series 104.See the whole document, every page →

The clause fails

· New York and Princeton, 1783
  1. May 6, 1783 · Orangetown

    Washington asked for the people by name. Sir Guy Carleton, the British commander, answered that those who had come within British lines under the proclamations were free. His officers registered every Black passenger so that Britain could answer any claim later.

  2. Every Wednesday · Fraunces Tavern

    A joint board of British and American commissioners heard claims, through the weeks Washington spent at Rockingham. The ships kept sailing.

  3. May 1783 · the waterfront

    Virginia’s agent Hugh Walker reported home that he was not allowed to take anyone without their consent (see the letter).

  4. August 23, 1783 · Princeton

    The day Washington moved into Rockingham, Virginia’s delegates in Congress at Nassau Hall wrote home of “a glaring infringement of the 7th Article.”

  5. Judith Jackson’s case, 1783

    Judith Jackson of Norfolk, Virginia, had escaped in 1779. A Virginia Loyalist who said he had bought her pulled her off a ship; the board sent her case to Carleton. She sailed for Nova Scotia on November 30. The claimant carried her child back to Virginia. In 1784 she headed a household at Birchtown. Her own words →

  6. November 1783 · New York

    The British evacuation fleet left New York in late November. About 3,000 Black passengers had sailed free since April.

“I was not allowed to take any Slaves without their own consent, & they are taught not to come here”
Walker to the governor of Virginia, May 23, 1783.Library of Virginia, GLR04619.See the whole document, every page →

Two different clauses

People sailed free despite American demands for their return. In 1787, a different provision required the return of people escaping slavery between states. The next chapter connects that constitutional clause to Rockingham and the people associated with it.