aty of Paris and the Jay
Treaty were nullified. In response to an inquiry as to whether these
treaties, so far as they were not fully executed, terminated by the
War of 1812, the British Department of State in a communication
replied that "with respect to the treaties you are informed that they
were claimed by Great Britain at the conclusion of the Treaty of Ghent
to have terminated by the War of 1812."

Against this view the United States protested. In the decision of the
Supreme Court of the United States in the case of the Society for the
Propagation of the Gospel v. the Town of New Haven, the view was
expressed that provisions of a treaty remain in full force in spite of
war.[57] The general rule of inter-national law, however, is that war
terminates all subsisting treaties between the belligerent powers.[58]
The United States, moreover, soon acquiesced in this view, for
President Polk in his message to Congress, December 7, 1847, said, "a
state of war abrogates treaties previously existing between the
belligerents."[59] Great Britain then was legally excused by the best
authorities of the world from executing fully the provisions of the
Treaty of 1783 and the Jay Treaty of 1794.

As a result, the same policy in regard to the carrying away of Negroes
was followed during the War of 1812.[60] While the British forces were
occupying the forts and harbors of the United States, Negroes came
within their possession. Many were induced to run away while others
were captured in battles. From the Dauphin Islands-possessions
claimed to be without the limits of the newly acquired Louisiana
territory the British carried away slaves. In fact, from whatever
places the British occupied they carried away Negroes. Many Negroes
came also into the possession of the British by the proclamation of
Admiral Cochrane of Great Britain, April 2, 1814, setting such loyal
adherents free. In effect, this proclamation extended an invitation to
all persons desiring to change their slave status. Although the
proclamation[61] did not specify the Negroes, the meaning and object
of Admiral Cochrane was evidently to bring Negroes within the British
lines. Many, to be sure, responded to the proclamation. As many more,
no doubt, were carried away from the United States by the British
under the veil that they were captives in the war and, therefore, no
longer the property of American inhabitants.

With victory assured and the representatives of Great B