The fifth article of
the agreement of the Peace Commissioners at Paris provided that Congress
should recommend the different state legislatures to show leniency and a
forgiving generosity to the Loyalists and to take measures to reimburse
them for their losses.
The gross abandonment
of the faithful minority to the spasmodic and uncertain justice, in fact
we may say, the certain injustice, of the state governments, was
severely assailed in both Houses of the British Parliament. At the
opening of Parliament the King, in his speech from the Throne, alluded
to the “American sufferers,” and trusted that Parliament would see fit
to pass measures for their compensation forthwith.
Lord North said: “I
cannot but feel for men thus sacrificed for their bravery and
principles—men who have sacrificed all the dearest possessions of the
human heart. They have exposed their lives, endured an age of hardships,
deserted their interests, forfeited their possessions, lost their
connections and ruined their families in our cause."
Lord Mulgrave said
that, in his opinion, “it would have been better that it should have
been stipulated in the treaty that Great Britain spend £20,000,000 in
making good the losses of the Loyalists, than that they should have been
so shamefully deserted, and the national honor so pointedly disgraced as
it was by the 5th Article of the Treaty of Peace with the United
States.”
Mr. Burke declared that
“to such men the nation owed protection and its honor was pledged for
their security at all hazards.”
Mr. Sheridan “execrated
the treatment of these unfortunate men, who, without the least notice
taken of their civil or 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.”
Mr. Townsend declared
that “this country would feel itself bound in honor to make them full
compensation for their losses.”
Sir Peter Burrell said
that “the fate of the Loyalists claimed the compassion of every human
heart. These helpless forlorn men, abandoned by the Ministers of a
people on whose justice, gratitude and humanity they had the best
founded claims, were left at the mercy of a Congress highly irritated
against them.”
In the House of Lords,
Lord Walsingham said that “with patience he could neither think nor
speak of the dishonor of leaving these deserving men to their fate.”
Lord Stormont asserted
that “Great Britain is bound in justice and honor, gratitude and
affection, and by every tie, to provide for and protect them.”
Lord Loughborough
declared that “neither in ancient nor in modern history had there been
so shameful a desertion of men who had sacrificed all to their duty and
to their reliance on British faith.”
Lord Sackville argued
that “peace on the sacrifice of these unhappy subjects must be answered
in the sight of God and man.”
Lord Shelburne, whose
Ministry had concluded the treaty, could only say, in reply, that he
“had but the alternative to accept the terms proposed or to continue the
war, and a part must be wounded that the whole empire might not perish.”
He also stated that he did not doubt the honor of the American Congress,
who would doubtless be just and fair in their restitution of the lands
of the Loyalists. As to how far this was likely to be the case they
might have concluded from the fact that even before the peace was signed
the State of Virginia decreed “that all demands of the British courts
for the restoration of property confiscated by the state were wholly
impossible;” and the State of New York, “that the scales of justice do
not require, nor does the public tranquillity permit, that such
adherents who have been attainted should be restored to the rights of
citizens, and that there can be no reason for restoring property which
has been confiscated or forfeited.”
Since even the mockery
of justice was denied them, the Loyalists organized an agency and
appointed a committee of one delegate from each of the thirteen states
to prosecute their claims in England.
A Board of
Commissioners was appointed to examine the claims preferred.
The claimants were
divided into six classes:
1. Those who had
rendered service to Great Britain.
2. Those who had borne arms for Great Britain.
3. Uniform Loyalists.
4. Loyal British subjects resident in Great Britain.
5. Loyalists who had taken oath to the American States but afterward
joined the British.
6. Loyalists who had borne arms for the American States and afterwards
joined the British army or navy.
The rigid rules of
examination caused much dissatisfaction and gave the Board the title of
the “Inquisition.” The inquiry lasted through seven successive years.
Their methods may be best stated in the words of their report: “Our mode
of conducting the inquiry has been that of requiring the very best
evidence which the nature and the circumstances of the case would admit.
We have demanded the personal appearance and examination of the
claimant, conceiving that the inquiry would be extremely imperfect and
insecure against fraud and misrepresentation if we had not the advantage
of cross-examining the 'party himself, as well as his witnesses, nor
have we, for the same reason, allowed much weight to any testimony which
has not been delivered on oath before ourselves. We have investigated
with great strictness the titles to real property, whenever the
necessary documents could be exhibited to us, and where they have not
been produced we ha\e required satisfactory evidence of their loss or
the inability of the claimant to procure them.”
The amount of claims
preferred was £10,358,413, and the sum granted in liquidation thereof
£3,294,452, which was distributed among 4,148 persons.
In addition to this
money satisfaction they were given land in the “country of their exile,”
and supplies and provisions for a certain time, as will be detailed in
the following chapter. |