gislature to this correspondence, he
referred to a letter from "His Excellency the Governor of South
Carolina, respecting the detention of some Negroes here, belonging to
the subjects of that state. I have communicated it to the Judges of
the Supreme Judicial Court--their observations upon it are with the
Papers. I have made no reply to the letter, judging it best to have
your decision upon it."[602] The same papers on the same day were read
in the Senate, and a joint committee of both houses was appointed. The
committee reported to both branches of the Legislature on the 23d of
March, 1784, and the report was adopted. A request was made of the
governor to furnish copies of the opinions of the judges, etc.
"CLXXI. Order requesting the Governor to write to Governor
_Guerard_ of _South Carolina_, inclosing the letter of the
Judges of the Supreme Judicial Court, March, 23d, 1784.
"_Ordered_, that his Excellency the Governor be requested to
write to His Excellency _Benjamin Guerard_, Governor of
_South Carolina_, inclosing for the information of Governor
Guerard, the letter of the Judges of the Supreme Judicial
Court of this Commonwealth, with the copy in the said letter
referred to, upon the subject of Governor _Guerard's_
letter, dated the sixth October, 1783."
The papers referred to seem to have been lost, but extracts are here
produced:--
"GOVERNOR GUERARD TO GOVERNOR HANCOCK, 6th October, 1783.
EXTRACT. "That such adoption is favoring rather of the
Tyranny of Great Britain which occasioned her the loss of
these States--that no act of British Tyranny could exceed
the encouraging the negroes from the State owning them to
desert their owners to be emancipated--that it seems
arbitrary and domination--assuming for the Judicial
Department of any one State, to prevent a restoration voted
by the Legislature and ordained by Congress. That the
liberation of our negroes disclosed a specimen of Puritanism
I should not have expected from gentlemen of my Profession."
MEMORANDUM. "He had demanded fugitives, carried off by the
British, captured by the North, and not given up by the
interference of the Judiciary.' Governor Hancock referred
the subject to the Judges."
"JUDGES CUSHING AND SARGENT TO GOVERNOR HANCOCK, Boston,
Dec. 20, 1783.
EXTRACT. "How this determination is an a
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