[46] _Ibid._, p. 486.

[47] _American Historical a.s.sociation Report_, Vol. I, pp. 273-298.

[48] _American State Papers_, Vol. I, p. 501.

[49] _Ibid._, p. 509.

[50] _American Historical a.s.sociation Report_, Vol. I, pp. 273-298.

[51] _Annals of Congress_--4th Session, 1795-96, p. 1006.

[52] Halleck, _Elements of Law_, p. 358.

[53] _Ibid._, p. 359.

[54] Wheaton's _Edition by Dana_, page 441.

[55] _American State Papers--Foreign Relations_, Vol. II, p. 46.

[56] _American State Papers--Foreign Relations_, Vol. II, p. 48.

[57] Moore, _Digest of International Law_, Vol. V, page 372.

[58] _Ibid._, page 375.

[59] _Ibid._, pp. 375-376.

[60] _American State Papers--Foreign Relations_, Vol. IV., p. 106.

[61] This proclamation was:

"Whereas it has been represented to me that many persons now resident in the United States have expressed a desire to withdraw therefrom, with a view of entering his Majesty's service, or of being received as Free Settlers in some of his Majesty's colonies

"This is therefore to give notice

"That all those who may be disposed to emigrate from the United States will with their families be received on board his Majesty's ships or vessels of war or at the military ports that may be established upon or near the coast of the U.S. where they will have their choice of either entering his Majesty's sea or land forces, or of being sent as Free Settlers to the British possessions in North America or the West Indies where they will meet all due encouragement.

"Given under my hand at Bermuda this 2nd day of April, 1814.

"By Command of VICE ADMIRAL WILLIAM BALHETCHET "ALEX. COCHRANE."

_Niles Register_, Vol. VI, p. 242.

[62] Article I, Treaty of Ghent:

"There shall be a firm and universal peace between His Britannic Majesty and the United States, and between their respective countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties as hereinafter mentioned. All territory, places, and possessions whatsoever taken by either party from the other during the war or which may be taken after the signing of this treaty excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the artillery or other public property originally captured in the said forts or places and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persons which in the course of the war may have fallen into the hands of the officers of either party, shall be as far as may be practicable forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands on the Bay of Pa.s.sama-Quoddy as are claimed by both parties shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the t.i.tle to the said islands shall have been made in conformity with the fourth article of this treaty. No disposition made by this treaty as to such possession of the islands and territories claimed by both parties, shall in any manner whatever be construed to effect the right of either...."

[63] _American State Papers, Foreign Relations_, Vol. III, p. 750.

[64] _Ibid._, Vol. III, page 751.

[65] Moore's _International Arbitration_, page 350.

[66] _Naval Chronicle_, Vol. XXIV, page 213.

[67] Moore's _International Arbitration_, p. 352.

[68] _American State Papers_, Vol. IV, p. 105.

[69] _Ibid._, p. 108.

[70] _American State Papers_, Vol. IV, p. 126.

[71] Moore's _International Arbitration_, p. 363.

[72] _American State Papers, Foreign Relations_, Vol. V, p. 214.

[73] Maryland, 714; Va., 1721; S.C., 10; Ga., 833; La., 259; Miss., 22; Del., 2; Ala., 18; D. C., 3--page 801, Vol. V, _American State Papers_.

[74] Moore, _International Arbitration_, p. 377.

[75] _Ibid._, p. 377.

[76] _American State Papers, Foreign Relations_, Volume VI, page 344; 746.

[77] _Ibid._, Vol. VI, p. 746.

[78] _American State Papers, Foreign Relations_, Vol. VI, p. 348.

[79] _Ibid._, Vol. VI, p. 352.

[80] _Ibid._, Vol. VI, p. 372.

[81] _Ibid._, Vol. VI, p. 339

[82] _American State Papers, Foreign Relations_, Vol. VI, page 855.

[83] _Four Statutes at Large_, page 269.

THE NEGRO IN POLITICS[1]

A treatise on the Negro in politics since the emanc.i.p.ation of the race may be divided into three periods; that of the Reconstruction, when the Negroes in connection with the interlopers and sympathetic whites controlled the Southern States, the one of repression following the restoration of the radical whites to power, and the new day when the Negro counts as a figure in politics as a result of his worth in the community and his ability to render the parties and the government valuable service.

While the echoes of the Civil War were dying away, the South attempted to reduce the Negro to a position of peonage by the pa.s.sage of the black codes. Many northern men led by Sumner and Stevens, who at first tried to secure the cooperation of the best whites, became indignant because of this att.i.tude of the South and were reduced to the necessity of forcing Negro suffrage upon the South at the point of the bayonet, believing that the only way to insure the future welfare of the Negro was to safeguard it by giving him the ballot. Under the protection of these military governments, the Negroes and certain more or less fortunate whites gained political control. The southern white men, weary and disgusted because of the outcome of their attempts at secession, maintained an att.i.tude of sullenness and indifference toward the new regime and accordingly offered at first very little opposition to the Negro control of politics. The Negroes, upon their securing the right of suffrage, however, turned at once to their former masters for political leadership,[2] but the majority of these southern gentlemen refused to "lower their dignity" by political a.s.sociation with the Negroes. The few southern gentlemen who did affiliate with the Negroes were dubbed "scalawags" by their former friends and cast out of southern society.