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and pillaged the inhabitants of their cattle, hogs, sheep, poultry, and,
in short, of anything they could lay their hands upon. It was no
uncommon thing of an afternoon to see a farmer driving a flock of
turkeys, geese, ducks, or dunghill fowls and locking them up in his
cellar for security at night.... It was no uncommon thing for a farmer,
his wife and children to sleep in one room, while his sheep were
bleating in the room adjoining, his hogs grunting in the kitchen, and
the cocks crowing, hens cackling, ducks quacking, and geese
hissing in the cellar.... This robbing was done by people sent to
America to protect loyalists against the persecutions and
depredations of rebels. To complain was needless; the officers
shared in the plunder.” In Newtown, a Hessian soldier opened a
butcher’s shop, where he undersold all competitors, because while
they had to pay for their meat he had no such outlay. In 1781, when
the troops left Flushing, a resident of that place wrote, “There was
not a four-footed animal (a few dogs excepted) left in Flushing, nor a
wooden fence.”
We cannot wonder at the indignant words with which Mr. Jones
closes his recital of this vandalism. “If Great Britain had, instead of
governing by military law, by courts of police, and courts martial,
revived the civil law, opened the courts of justice, invested the civil
magistrates with their full power, and convened general assemblies
in New York, New Jersey, Pennsylvania, Rhode Island, Virginia, and
in South and North Carolina (as well as in Georgia, where it
produced the most salutary effects), as the rebels abandoned these
provinces and fled before the British arms; and prevented, by
severely punishing, all kinds of plunder, rapine, and pillage
committed by the army, the rebellion in all probability would have
terminated in a different manner. The empire would not have been
disgraced or dishonored, nor Great Britain reduced to the necessity
of asking pardon of her ungrateful children, acknowledging herself in
the wrong, and granting them absolute, unconditional independence.
But, alas! the very reverse of this marked every step in the royal
army in all its proceedings, and Great Britain, as well as the
Independent States of America, feel to this day the dire effects of a
conduct so very impolitic, so unmilitary, so unjustifiable, and so
repugnant to the Constitution, the spirit, the honor, and the
169
sentiments of Englishmen.
And now let us inquire how the loyalists were treated by the new
governments of the various states. Besides the irregular violence to
which the unfortunate loyalists were exposed at the hands of Sons of
Liberty and town committeemen, they were marked out for
punishment and plunder by the new state governments as they
came into existence. The State of Massachusetts proscribed three
hundred and eight persons by name, whom it condemned, if ever
found within its borders, to imprisonment and eventual banishment;
and if they ventured to return, it denounced the death penalty upon
them. Not all of these were the wealthy merchants and lawyers who
had offended the populace by their addresses to Hutchinson and
Gage; at least a fifth of the number were from the middle classes of
society, and some of them were of still humbler position. The State of
New Hampshire, small as its population was at that time, banished
seventy-six by name and confiscated twenty-eight estates. New York
attainted and confiscated the property of fifty-nine persons by name,
three of whom were women whose chief offence lay in the
attractiveness of their estates. Pennsylvania summoned sixty-two
persons to surrender themselves for trial for treason, and on their
failing to appear they were pronounced attainted, and thirty-six
estates were confiscated. In Delaware the property of forty-six
refugees was confiscated. In North Carolina, sixty-five estates were
confiscated. In South Carolina, for the offence of attachment to the
royal cause in different degrees of offensiveness, two hundred and
fifteen persons were either fined twelve per cent. of their entire
170
property, or deprived of it wholly, or banished from the country. In
Rhode Island, death and confiscation of estate were the
punishments provided by law for any person who communicated with
the ministry or their agents, afforded supplies to their forces, or
piloted the armed ships of the king; and certain persons were
pronounced by name enemies to liberty, and their property forfeited
in consequence. In Connecticut, where the loyalists were very
numerous but inclined to be quiet if they were let alone, these
offences only involved loss of estate and of liberty for a term not
exceeding three years; but to speak, write, or act against the doings
of Congress or the Assembly of Connecticut was punishable by
disqualification from office, imprisonment, and the disarming the
offender. The estates of those who sought the royal fleets or land
forces for shelter might, by law, be seized and confiscated. In her
treatment of loyalists Connecticut showed the same shrewd sense
that had characterized the proceedings of that republic from its
earliest days; and the result was seen in the fact that the loyalists,
instead of being alienated, became after the war was over some of
her best and most patriotic citizens. William Samuel Johnson, who
during part of the war, at least, was under surveillance as a
suspected Tory, but who when the war was over was one of
Connecticut’s delegates to the Constitutional Convention of 1787,
and Seabury, the author of the clever and exasperating “A. W.
Farmer” letters, who had been pulled through the mud by Sons of
Liberty at New Haven, were none the less loyal citizens of the
commonwealth and of the nation, and none the less respected by
men who had differed from them, because they had been loyal to
their convictions of duty. In Massachusetts, the feeling was much
more bitter, and, in addition to the special act already mentioned, any
person suspected of enmity to the Whig cause might be arrested
under a magistrate’s warrant and banished, unless he would swear
fealty to the friends of liberty; and the selectmen of towns could
prefer in town meeting charges of political treachery and the
individual thus accused, if convicted by a jury, could be sent into the
enemy’s jurisdiction. By a second special act the property of twenty-
nine persons, “notorious conspirators,” was confiscated; of these,
fifteen had been “mandamus” councillors; two, governors of the
province; one, lieutenant-governor; one, treasurer; one, secretary;
one, attorney-general; one, chief-justice; and four, commissioners of
customs. The State of Virginia, though passing no special acts,
passed a resolution that persons of a given description should be
deemed and treated as aliens, and that their property should be sold
and the proceeds go into the public treasury for future disposal. In
New York, the county commissioners were authorized to apprehend
and decide upon the guilt of such inhabitants as were supposed to
hold correspondence with the enemy or who had committed some
other specified acts, and might punish those whom they adjudged to
be guilty with imprisonment for three months or banishment for
seven years. Persons opposed to liberty and independence were
prohibited from the practice of law in the courts; and any parent
whose sons went off and adhered to the enemy was subject to a tax
of ninepence in the pound value of such parent’s estate for each and
every such son.
The Congress naturally left such matters largely to the individual
states, but nevertheless passed a resolution subjecting to martial law
and death all who should furnish provisions, etc., to the British army
in New Jersey, Pennsylvania, and Delaware, and resolved that all
loyalists taken in arms should be sent to the states to which they
171
belonged, there to be dealt with as traitors.
In regard to this subject of legal attainder and exile, Mr. Sabine
remarks very moderately and sensibly: “Nor is it believed that either
the banishment, or the confiscation laws, as they stood, were more
expedient than just. The latter did little towards relieving the public
necessities, and served only to create a disposition for rapacity, and
to increase the wealth of favored individuals. Had the estates, which
were seized and sold, been judiciously or honestly managed, a
considerable sum would have found its way to the treasury; but, as it
was, the amount was inconsiderable, some of the wisest and purest
Whigs of the time hung their heads in shame, because of the
passage of measures so unjustifiable, and never ceased to speak of
them in terms of severe reprobation. Mr. Jay’s disgust was
unconquerable, and he never would purchase any property that had
172
been forfeited under the Confiscation Act of New York.”
Curwen, a Salem loyalist who was allowed to return after the
war, writes in terms that, though exaggerated, yet describe the result
upon public morals of the confiscations:
“So infamously knavish has been the conduct of the
commissioners, that though frequent attempts have been made to
bring them to justice, and respond for the produce of the funds
resting in their hands, so numerous are the defaulters in that august
body, the General Court, that all efforts have hitherto proved in vain.
Not twopence in the pound have arrived to the public treasury of all
173
the confiscations.”
It only now remains to notice the treatment the unfortunate
loyalists received from their friends in England and the manner in
which the British government—for which they had sacrificed home,
friends, and property, and had embraced exile, contempt, and
penury—threw them upon the tender mercies of their opponents in
the treaty of peace. This surrender of their interests by Lord
Shelburne called out, in both Houses of the Parliament, expressions
of sympathetic indignation; but the sympathy never took any material
shape. Sheridan, in the House of Commons, execrated the treatment
of these unfortunate men, “who, without the least notice taken of
their civil and religious rights, were handed over as subjects to a
power that would not fail to take vengeance on them for their zeal
and attachment to the religion and government of the ‘mother
country.’” In the House of Lords, Lord Loughborough said, “that
neither in ancient nor modern history had there been so shameful a
desertion of men who had sacrificed all to their duty and to their
reliance upon British faith.”
To such charges Lord Shelburne could only reply by a feeble
appeal to the mercy of his condemners: “I have but one answer to
give the House; it is the answer I give my own bleeding heart. A part
must be wounded that the whole of the empire may not perish. If
better terms could be had, think you, my lords, that I would not have
embraced them? I had but the alternative either to accept the terms
174
proposed or continue the war.”
Lord Shelburne’s statement was correct. He had entered upon
the negotiations for peace full of sympathy for the loyalists and
resolved to make their cause the cause of England; but when, to his
attempts to obtain for them the restoration of their property and the
abolition of penal laws, was opposed a steady non possumus, his
enthusiasm for his persecuted fellow-countrymen waned; and when
at last it was plainly suggested to him that a year’s prolongation of
the war would cost more than all the loyalists’ property put together,
he consented to accept the assurance, the futility and emptiness of
which was evident upon the face of it, that “Congress shall earnestly
recommend” to the several states to repeal the laws of attainder and
confiscation which had been passed against the Tories and their
property. One of the American negotiators brusquely remarked that it
was better and more proper that the loyalists should be
compensated by their friends than by their enemies. This desertion
of their interests almost broke the hearts of some of the best and
most public-spirited of the loyalists, who had given up everything for
the cause of their country, and now saw themselves consigned to
poverty in their old age, or at the best to supplicating aid of the
British government and being exposed to all “the insolence of office
175
and the scorns that patient merit of the unworthy takes.”
It took a long time to adjust the claims and to distribute the
bounty which was doled out by unwilling officials. It was 1783 when
the war closed, but not until 1790 was the indemnity paid out to the
claimants; and then England forced her unfortunate pensioners,
made paupers by their trust in her, to accept about £3,300,000 for
losses reckoned at over £8,000,000. It is estimated that over a
thousand claimants had in the mean time perished in want and
penury. Those were on the whole more fortunate, as events proved,
who had braved it out in America than were those who had trusted to
176
the gratitude of England.
What was the loss of America was the gain to her nearest
neighbors, the coast provinces of New Brunswick and Nova Scotia.
As early as 1775 the exodus from Boston to Halifax had begun; and
when Howe evacuated the city, a large number of loyalists took
refuge with the fleet and army, and leaving all behind came to Halifax
to seek their fortunes under another sky. From that time on,
throughout the war, Halifax was the haven of refuge for persecuted
177
loyalists. At the evacuation of New York and Savannah no fewer
than 30,000 persons left the United States for Nova Scotia. Halifax
was so crowded that houses could not be had at any price, and
178
provisions were held at famine prices. From northern New York
and Vermont the loyalists crossed over into Upper Canada and laid
the foundation of that prosperous province under the vigorous
government of Governor Simcoe, who during the war had
commanded a regiment of loyalist rangers which had done efficient
179
service. With many a suffering, many a privation, these exiles for
conscience’ sake toiled to make homes for themselves in the
wilderness, and it is to them that the development of those provinces
is due. Familiar New England names meet one at every turn in these
provinces, especially in Nova Scotia. Dr. Inglis of Trinity Church, New
York, was the first bishop, and Judge Sewall of Massachusetts, the
first chief justice there. The harshness of the laws and the greed of
the new commonwealths thus drove into exile men who could be ill
spared, and whose absence showed itself in the lack of balance and
of political steadiness that characterized the early history of the
Republic. This, moreover, perpetuated a traditional dislike, grudge,
and suspicion between the people of the United States and their
nearest neighbors, men of the same blood and the same speech;
while the new-founded colonies, composed almost exclusively of
conservatives, were naturally slow, if sure, in their development.
This dislike and suspicion is now fortunately diminishing with the
lapse of years, but it was a great pity it ever was created. The men
who were willing to give up home, friends, and property for an idea,
are not men to be despised or laughed at, as was the fashion of the
generation which roared with delight over the coarse buffooneries of
Trumbull’s McFingal. They are rather men for us to claim with pride,
and to honor as Americans, Americans who were true to their
convictions of duty, confessors for their political faith.
Sabine relates the following conversation:
“‘Why did you come here, when you and your associates were
almost certain to endure the sufferings and absolute want of shelter
and food which you have now narrated?’ asked an American
gentleman of one of the first settlers of St. John, New Brunswick, a
man whose life ... was without a stain. ‘Why did we come here?’
replied he, with emotion that brought tears;—‘for our loyalty; think
you that our principles were not as dear to us as were yours to
180
you?’”
NOTES.
152
Franklin’s Memoirs (London, 1818, p. 201), (Sparks, p. 176).
“In 1754, war with France being again apprehended, a
congress of commissioners from the different colonies was by
an order of the lords of trade to be assembled in Albany; there
to confer with the chiefs of the six nations, concerning the
means of defending both their country and ours.
We met the other commissioners at Albany about the middle
of June. In our way thither I projected and drew up a plan for
the union of all the colonies under one government, so far as
might be necessary for defence, and other important general
purposes. As we passed through New York, I had there shown
my project to Mr. James Alexander and Mr. Kennedy, two
gentlemen of great knowledge in public affairs, and being
fortified by their approbation, I ventured to lay it before the
congress. It then appeared that several of the commissioners
had formed plans of the same kind. A previous question was
first taken, whether a union should be established, which
passed in the affirmative, unanimously. A committee was then
appointed, one member from each colony, to consider the
several plans and report. Mine happened to be preferred, and
with a few amendments was accordingly reported. By this plan
the general government was to be administered by a President
General appointed and supported by the Crown; and a grand
Council to be chosen by the representatives of the people of
the several colonies met in their respective assemblies. The
debates upon it in congress went on daily hand in hand with
the Indian business. Many objections and difficulties were
started, but at length they were all overcome, and the plan was
unanimously agreed to, and copies ordered to be transmitted
to the board of trade and to the assemblies of the several
provinces. Its fate was singular: the assemblies did not adopt
it, as they all thought there was too much prerogative in it; and
in England it was judged to have too much of the democratic.
The different and contrary reasons of dislike to my plan make
me suspect that it was really the true medium: and I am still of
opinion it would have been happy for both sides if it had been
adopted. The colonies so united would have been sufficiently
strong to have defended themselves: there would then have
been no need of troops from England; of course the
subsequent pretext for taxing America, and the bloody contest
it occasioned, would have been avoided.”
The plan proposed may be found in Franklin’s Works
(Sparks, i. 36), (London, 1833, v. 299); N. Y. Col. Doc., vi. 889.
The proceedings of the Congress in N. Y. Col. Doc., vi. 853,
other accounts of the Congress by members; Hutchinson, Hist.
Mass. Bay, iii. 19–25; William Smith, History of New York, ii.
180; Stephen Hopkins, A true representation of the plan
formed at Albany (in 1754) for uniting all the British northern
Colonies, in order to their common safety and defence (R. I.
Historical Tracts, No. 9). For an excellent brief statement of the
attempts at consolidation and plans suggested for that
purpose, see Winsor, Narrative and Critical History of the
U. S., v. 611.
153
The Society for the Propagation of the Gospel in Foreign Parts
was founded in 1701. A previous organization bearing a similar
name had been founded during the period of the
Commonwealth, especially for work among the aborigines in
New England, and it is to this association that we owe that
most interesting of missionary relics, Eliot’s Indian Bible. Great
interest was taken in this by the celebrated Robert Boyle, and
scholarships were endowed by Sir Leoline Jenkyns in Jesus
College, Oxford, one condition of which was that the
beneficiary should devote his life after taking his degree to
missionary work in the plantations. The reports of Commissary
Bray, who had been sent out to Maryland, of the spiritual
destitution of the American colonies and of the difficulties
under which the ministers of the Church of England labored,
led to the organization and incorporation of the Society, which
has been from that day to this an active agency in the spread
of religion and knowledge in the colonies of Great Britain.
Humphreys, Historical Account of the Society for the
Propagation of the Gospel. Hawkins, Missions of the Church of
England.
154
For a full account of this most interesting revolution, see E.
Edwards Beardsley, D. D., The History of the Church in
Connecticut. See also Life and Correspondence of Samuel
Johnson, D. D., and Yale College and the Church (History of
the American Episcopal Church, vol. i. 561). Humphreys,
Historical Account, 339.
155
Franklin’s Memoirs, vol. i. pp. 218, 220. An amusing instance
of the prevailing ignorance in regard to American affairs even
among its friends is given by Benjamin Vaughan in a note in
Franklin’s Memoirs, vol. v. p. 320. “To guard against the
incursions of the Indians a plan was sent over to America (and,
as I think, by authority) suggesting the expediency of clearing
away the woods and bushes from a tract of land, a mile in
breadth, and extending along the back of the colonies.” It is
said that this plan was the contribution of Dean Tucker towards
the solution of the Indian problem of the day.
156
Jones, Hist. New York, ii. 291, 559. Political Magazine, Apr.,
1780. Hutchinson, History Mass. Bay, iii. 86–88, 166 note, 254,
293. Hutchinson’s Diary, i. 65. For reasons assigned by
Hutchinson for the patriotism of John Adams, Hist. iii. 297.
157
North American Review, lix. p. 270 (Sabine). “It may be asked,
why, when the oppressions of the mother country were so very
flagrant and apparent, there was not greater unanimity than
appears to have existed; and why a party, so large in numbers,
which in so many colonies included persons so respectable,
and hitherto so universally esteemed, was seemingly, or in
fact, averse to breaking away from British dominion. These
questions have been put to loyalists themselves. They have
answered, that, upon the original formation of parties, they
were generally regarded as the common organizations of the
ins and outs; the one striving to retain, and the other to gain,
patronage and place; and that the mass in taking sides with or
against the royal governors, were stimulated by the hopes
which politicians have always been able to excite in their
followers.”
158
Moore’s Diary of the American Revolution, i. 37–52, 138.
Massachutensis, Letters I., III., IV. Hutchinson, History of
Mass. Bay, iii. passim. A. W. Farmer, The Congress
Canvassed, p. 8. The name Tory was given first in 1763, as a
title of reproach to officers of the crown and such as were for
keeping up their authority. Hist. Mass. Bay, iii. 103.
159
Adams’s Works, ii. 362.
160
For the manner in which the temperate remonstrance of the
loyal colony of New York was treated, see Parliamentary
Register, vol. i. 467–478.
161
A specimen from a comparatively moderate article upon the
loyalists may serve to substantiate the statement of the text
(No. Am. Rev., lxv. p. 142): “The meanest, most dastardly, and
most cruel scenes and deeds of the Revolution were enacted
as the proper fruits of a civil war by a large majority of the
Tories, who remained at home, and who, as regulars, as
volunteers, in gangs, or as individual outlaws, were the
instigators of nearly every foul and atrocious act in the whole
strife. It is from these, the majority of the whole number, that
the name of Tory has received its hateful associations, which
will cling to it to the end of time. A class that includes an Arnold
and a Butler can never hope for complete redemption, at least
so long as Judas remains in ‘his own place.’”
One is glad to appeal from this intemperate and exaggerated
language to the essay upon the loyalists by Dr. George E. Ellis,
in Winsor’s Narrative and Critical History, vol. vii. It would be
as undesirable as it is unnecessary to supply, as could readily
be done, instances of gross cruelty and barbarity inflicted by
the Whigs upon the unfortunate loyalists “who remained at
home.” The Correspondence of Lord Cornwallis gives a most
painful picture of the condition of things in the South (Corr., i.
73), and the letters of Count Fersen, who cannot be suspected
of prejudice, reveal the hardly less savage condition of affairs
in the North. He says, for example, of Rhode Island (Letters, i.
40, 41):
“C’est un pays qui sera fort heureux s’il jouit d’une paix
longue, et si les deux partis qui le divisent à present ne lui font
subir le sort de la Pologne et de tant d’autres républiques. Ces
deux partes sont appelés les Whigs et les Torys. Le premier
est entièrement pour la liberté et l’independance; il est
composé de gens de la plus basse extraction qui ne possédent
point de biens; la plupart des habitants de la compagne en
sont. Les Torys sont pour les Anglais, ou, pour mieux dire,
pour la paix, sans trop se soucier d’être libres ou dépendants;
ce sont les gens d’une classe plus distinguée, les seuls qui
eussent des biens dans le pays. Lorsque les Whigs sont les
plus forts, ils pillent les autres tant qu’ils peuvent.”
162
Simcoe, Lt.-Col. J. G., A History of the Operations of a
Partisan Corps called the Queen’s Rangers, commanded by
Lt.-Col. J. G. Simcoe, during the war of the American
Revolution. New York: Bartlett and Welford, 1884, 8vo, pp.
328.
163
The Americans made several attempts to make use of the
Indians: Montgomery used them in his Canadian expedition;
they were in the New England army which laid siege to Boston;
in April, 1776, Washington wrote to Congress urging their
employment in the army, and reported on July 13th that,
without special authority, he had directed General Schuyler to
engage the Six Nations on the best terms he and his
colleagues could procure; and again, submitting the propriety
of engaging the Eastern Indians. John Adams thought “we
need not be so delicate as to refuse me assistance of Indians,
provided we cannot keep them neutral.” A treaty was
exchanged with the Eastern Indians on July 17, 1776, whereby
they agreed to furnish six hundred Indians for a regiment which
was to be officered by the whites. As a result of this, the
Massachusetts Council subsequently reported that seven
Penobscot Indians, all that could be procured, were enlisted in
October for one year; and in November Major Shaw reported
with a few Indians who had enlisted in the Continental service.
Winsor, Narr. and Crit. Hist., vol. vi. 656, 657. The following
brief entry in a diary will show that even among the patriot
forces savage customs sometimes found place: “On Monday
the 30th sent out a party for some dead Indians. Toward
morning found them, and skinned two of them from their hips
down for boot legs: one pair for the major, the other for myself.”
Proceedings N. J. Hist. Soc., ii. p. 31.
164
North American Review, lix. 264 (Sabine). “The opponents of
the Revolution were powerful in all the thirteen colonies; in
some of them they were nearly if not quite equal in number to
its friends the Whigs. On the departure of Hutchinson he was
addressed by upwards of two hundred merchants, lawyers and
other citizens of Boston, Salem and Marblehead. On arrival of
Gage, forty-eight from Salem presented their dutiful respects;
on his retirement he received the ‘Loyal address from
gentlemen and principal inhabitants of Boston’ to the number
of ninety-seven, and eighteen country gentlemen and official
personages who had taken refuge in Boston.” ...
* * * * *
“The division of parties in Connecticut, Rhode Island and
New Hampshire was much the same as in Massachusetts.
New York was the loyalists’ stronghold, and contained more of
them than any colony in America. While proof to sustain this
assertion can be adduced to almost any extent, we shall cite
but a single though conclusive fact; namely, that soon after the
close of the war the Assembly of that State passed a bill
prohibiting adherents of the crown from holding office, which
was objected to and returned by the Council of Revision, who,
among other reasons for their course, stated, that if it were
suffered to become a law, there would be difficulty, and in
some places an impossibility, of finding men of different
political sympathies, even to conduct the elections. In some of
the southern colonies, the loyalists were almost as numerous
as in New York. In the Carolinas it may be hard to determine
which party had the majority; and it will be found that there
were occasions when the royal generals obtained twelve or
fifteen hundred recruits among the inhabitants, merely by
issuing a proclamation or call upon them to stand by their
allegiance to “the best of sovereigns.... Few of the Carolinians
would enlist under the American banner; but after the
capitulation (of Charlestown) they flocked to the royal standard
by hundreds.” See also Sabine’s Loyalists, Introductory
Sketch; Ryerson, Loyalists of America, ii. 57, 124. For remarks
on the war, as a civil war, see Ramsay, Hist. U. S., ii. 467–9.
165
Sabine, i. 65.
166
A. W. Farmer, The Congress Canvassed, pp. 17–19, exhibits
the manner in which delegates to Congress were chosen in
New York. “The New York City committee (a self-appointed
body) applied to the supervisors in the several counties to call
the people together and to choose committees, which
committees were to meet in one grand committee; and this
grand committee of committees were to choose the delegates
for the county or to declare their approbation of the New York
delegates, and if any county did not meet and choose their
committee it was to be taken for granted that they acquiesced
in the New York choice.” Again as to delegates chosen by the
Assemblies: “The Assembly has no legal right to act by itself
and claim to represent the people in so doing. The people are
not bound by any act of their representatives till it hath
received the approbation of the other branches of the
legislature. Delegates so appointed are, at best, but delegates
of delegates, but representatives of representatives. When
therefore the delegates at Philadelphia, in the preamble to their
Bill of Rights, and in their letter to his Excellency General
Gage, stiled their body ‘a full and free representation of ... all
the Colonies from Nova Scotia to Georgia,’ they were guilty of
a piece of impudence which was never equalled since the
world began, and never will be exceeded while it shall
continue.” Again: “No provincial legislature (even if complete)
can give them such powers as were lately exercised at
Philadelphia. The legislative authority of the province cannot
extend further than the province extends. None of its acts are
binding one inch beyond its limits. How then can it give
authority to a few persons, to make rules and laws for the
whole continent?... Before such a mode of legislation can take
place, the constitution of our colonies must be subverted and
their present independency on one another must be
annihilated.”
The logic of the loyalist writers is unanswerable, and their
legal reasoning is usually correct and precise; the fallacy of
their position was that they were in face of a revolution.
Elements had been introduced into the struggle which, like the
presence of an infinite quantity in an equation, vitiated the
reasoning, however correct the process may have been. The
author argues, for example: “To talk of subjection to the King of
Great Britain, while we disclaim submission to the Parliament
of Great Britain, is idle and ridiculous. It is a distinction made
by the American Republicans to serve their own rebellious
purposes, a gilding with which they have enclosed the pill of
sedition, to entice the unwary colonists to swallow it the more
readily down. The King of Great Britain was placed on the
throne by virtue of an Act of Parliament: And he is king of
America, by virtue of being king of Great Britain. He is
therefore king of America by Act of Parliament. And if we
disclaim that authority which made him our king, we, in fact,
reject him from being our king, for we disclaim that authority by
which he is king at all.” It may be noticed that the fundamental
Whig doctrine of the supremacy of Parliament, which is here
so strongly urged, was never understood or appreciated by
those who called themselves Whigs in America.
167
Clinton-Cornwallis Correspondence, i. pp. 263, 265.
168
Clinton-Cornwallis Correspondence, ii. pp. 308, 309.
169
Jones, Thomas, History of New York, i. 362–3, 172–176.
170
Christian Examiner, viii. pp. 127, 128 (Dabney). Curwen,
Journal, 475, 479.
171
Sabine, North American Review, lix. pp. 287, 288. Loyalists, i.
71–81. Ryerson, Loyalists of America, ii. 130, 136.
172
No. Am. Rev., lix. p. 289.
173
The Journal and Letters of the late Samuel Curwen, New York
and Boston, 1842, p. 147.
174
Parliamentary History, vol. xxiii. 411, 412, 430, 481. The
following extracts may be added to those given in the text; Mr.
Burke said: “Better to have left the whole to future negotiation,
and to have been totally silent upon the subject in the treaty,
than to have consented to have set our hands to a gross libel
on the national character, and in our flagitious article plunged
the dagger into the hearts of the loyalists, and manifested our
own impotency, ingratitude and disgrace” (p. 468). In the same
debate Mr. Lee said: “Europe, Asia, Africa and America beheld
the dismembership and diminution of the British Empire. But
this, alarming and calamitous as it was, was nothing when put
in competition with another of the crimes of the present peace,
the cession of men into the hands of their enemies, and
delivering over to confiscation, tyranny, resentment and
oppression the unhappy men who trusted to our fair promises
and deceitful words. This was the great ground of his
objection: and he called it a disgraceful, wicked and
treacherous peace; inadequate to its object, and such as no
man could vote to be honorable without delivering his
character over to damnation for ever” (p. 492).
175
Ryerson, ii. 64. Curwen’s Journal, 367. Jones, History of N. Y.,
ii. The bitterness of the mortification, and resentment at the
treatment they had received from the hands of their friends, is
well exhibited in Judge Jones’s remarkable work, which,
however trustworthy or the reverse it may be in other respects,
may be followed implicitly as an exhibition of loyalist feeling
towards the mother country.
176
Jones, ii. 645–654. Wilmot, Historical View of the Commission
for Enquiry into the Losses, etc., London, 1815. Ryerson, ii.
159–182. Diary and Letters of Thomas Hutchinson, ii. 435–
437. Sabine, i. 86–90. In March, 1784, the number of persons
who had preferred their petitions was 2,063, and the alleged
losses £7,046,278, besides outstanding debts in America
amounting to £2,354,135. “In 1788 Mr. Pitt submitted a plan for
classifying the claimants, and of classifying and apportioning
the nature and amount of consolation to be allotted to each;
and to those whose losses had been caused principally by the
deprivation of official or professional incomes, he proposed a
system of pensions. By the 5th of April, this year (1790), the
Commissioners in England had heard and determined 1,680
claims, and had liquidated the same at the sum of £1,887,548.
It appeared, finally, that the number of applicants from
England, and from the Canadian provinces, attained to the
aggregate of 5,072, of which 954 either withdrew their
applications or failed to press them, and the sum of the losses
is stated to have been £8,026,045. Another return is made out
by Mr. J. E. Wilmot, one of the Commissioners, wherein the
amount of the claim is given as £10,358,413, and the amount
of the claims allowed at £3,033,091. The subject was again
raised in Parliament in 1821, but though there was much
sympathy expressed for the sufferings of those who had
trusted to their country to recompense their fidelity, the
sympathy exhausted itself in words.” See also Lecky, England
in the Eighteenth Century, iv. 268. Curwen, 367, 368.
177
Ryerson, ii. 127. No. Am. Rev., lix. 279. Hawkins, Missions of
the Church of England, 249. The Frontier Missionary, or Life of
the Rev. Jacob Bailey, by W. S. Bartlett, New York, 1853
(Collections of the Protestant Episcopal Historical Society, vol.
ii.). This work gives a pathetic account of the hardships and
privations undergone by the exiles in Nova Scotia, as well as a
graphic picture of the methods used by the town committees in
New England with those who adhered to the cause of the king.
178
Hawkins, Missions, 371–3. Ryerson, ii. 206. Mass. Hist. Soc.
Proceedings, Oct., 1886, p. 95. For the treatment of the
loyalists in the United States after the treaty of peace, see
especially Jones, Hist. New York, vol. ii. Roberts, Hist. of New
York, ii. 449 ff. Lecky (Hist. England in the Eighteenth Century,
iv. 267) remarks rather sharply: “The loyalists to a great extent
sprung from and represented the old gentry of the country. The
prospect of seizing their property had been one great motive
which induced many to enter the war. The owners of the
confiscated property now grasped the helm. New men
exercised the social influence of the old families, and they
naturally dreaded the restoration of those whom they had
displaced.”
179
Vide supra, Note 11.
180
No. Am. Rev., lix. 262 (Sabine). Lecky’s tribute to the loyalists
may be added: “There were brave and honest men in America
who were proud of the great and free empire to which they
belonged, who had no desire to shrink from the burden of
maintaining it, who remembered with gratitude the English
blood that had been shed around Quebec and Montreal, and
who, with nothing to hope for from the crown, were prepared to
face the most brutal mob violence and the invectives of a
scurrilous press, to risk their fortunes, their reputations, and
sometimes even their lives, in order to avert civil war and
ultimate separation. Most of them ended their days in poverty
and exile, and as the supporters of a beaten cause history has
paid but a scanty tribute to their memory, but they comprised
some of the best and ablest men America has ever produced,
and they were contending for an ideal which was at least as
worthy as that for which Washington fought. The maintenance
of one free, industrial and pacific empire, comprising the whole
English race, may have been a dream, but it was at least a
noble one.” History of England in the Eighteenth Century, iii.
418. For historical notices of the loyalists in Canada, the
following are also useful: Settlement of Upper Canada (1872),
by William Canniff; Toronto of Old (1873), by Dr. H. Scadding;
Centennial of the Settlement of Upper Canada by the United
Empire Loyalists, 1784–1884; The Celebrations at
Adolphustown, Toronto, and Niagara, Toronto, 1885.
THE END.
Transcriber’s Notes
Punctuation, hyphenation, and spelling were made
consistent when a predominant preference was found in the
original book; otherwise they were not changed.
Simple typographical errors were corrected; unbalanced
quotation marks were remedied when the change was
obvious, and otherwise left unbalanced.
The last footnote of the book (180) on page 210 had no
anchor. Transcriber added one at the end of the last
paragraph on page 198.