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The Legislation for the Confiscation of British and Loyalist Property During the Revolutionary War

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The Legislation for the Confiscation of British and Loyalist Property During the Revolutionary War THE LEGISLATION FOR THE CONFISCATION OF BRITISH AND LOYALIST PROPERTY DURING THE REVOLUTIONARY WAR By Rolfe Lyman Allen Thesis submitted to the Faculty ot the Graduate School of the University of Maryland in partial fulfillment of the requirements for the degree of Doctor of Philosophy LIBRARY. UNIVERSITY OF MARYLAND 1937 ■3 61676 UMI Number: DP70060 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMI Dissertation Publishing UMI DP70060 Published by ProQuest LLC (2015). Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code uest ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 The author desires to take this opportunity to express his gratitude to Dr, Hayes Baker-Crothers at whose suggestion this study was undertaken, and whose helpful suggestions, constructive supervision, and valuable criticism have been of* the utmost importance in its preparation. TA-BI.E OB' CONTENTS Chapter Page I. INTRODUCTION ............................... 1 II. VERMONT ................................... 12 III. NORTH. CAROLINA............. 25 IT. GEORGIA ................................... 55 V. PENNS YLVANIA............................... 77 VI. CONNECTICUT............................... 98 VII. DELAWARE......................................113 VIII. NEW HAMPSHIRE ........................ 122 IX. NEW JERSEY.................................... 138 X. MASSACHUSETTS................................ 158 XI. VIRGINIA......................................181 XII. RHODE ISLAND.................................. 197 XIII. NEW Y O R K ........... 209 XIV. MARYLAND......................................230 XV. SOUTH CAROLINA............................. 255 XVI. CONCLUSION ........... 269 XVII. BIBLIOGRAPHY.................................. 285 Chapter I. INTRODUCTION 2 It is entirely logical that students of American history should devote a great amount of time and effort to the study of the period centered about the Revolution­ ary War* The fullest understanding of that war, which by one writer has been denominated the most significant event in recent times, is essential to all who would pretend to consider any later phase of the history of the United States, since it was through the agency of the Revolution that not only was the fact of political independence and separate identity established, but there was also developed, from British provincial sources, the political institutions which became the basis of the governmental framework which has continued down to the present* The best demonstration of the general acceptance of this theory is to be found in the great body of scholarly writings treating with the historical materials of that period* A hasty examination of any bibliography of the Revolutionary period seems to reveal, in the infinite number and variety of titles, no single event, movement, group, or individual which has not been the subject of a series of investigations. The very thoroughness with which the great majority of the historical elements of this period have been considered, brings, by contrast, in­ to sharp relief the fact that one of the most significant phases of revolutionary activity has been almost complete­ ly ignored. Why the general subject of the confiscation of the property of British subjects and those colonists 3 who elected to remain loyal to Great Britain during the Revolutionary War has been permitted to rest unexplored is an historical enigma, worthy, in itself, of scholarly research* Without any pretense of issuing an authorita­ tive dictum on the mystery, it is possible that many historians, especially those writing during the earlier years of this nationrs existence, believed that any reference whatsoever to loyalism tended to reflect a certain amount of discredit upon the inhabitants of the original states. To these often far from objective writers, it is possible that even a mere mention of the fact that there was a considerable group within the colonies opposed to the "glorious contest” with the British tyranny would amount to a wanton desecration of the greatest monument of our history. It is, however, a very different matter when any explanation of the lack of attention on the part of recent investigators to this subject is attempted* Delicacy can hardly be soberly ad­ vanced as the explanation of this phenomenon in an age which has seen so many scholastic and popular darts directed at the remnants of the national ego. The formerly taboo subject of loyalism has been repeatedly examined by competent scholars, yet the matter of confiscation lies in obscurity. When the author made his first serious investi­ gations in this field, some three years agOt an examination 4 of the catalogue of the Library of Congress revealed a single, very brief paper devoted to the subject of confis- 1. cation, and in this study, only the state of Massachusetts was considered. At the present time this paper, with the exception of a thesis, by the author, on the confiscation of 2 . loyalist property in Maryland, presented in 1955, still occupies its solitary position. While attempting to discover material for the thesis cited above, the author became convinced that an attempt to organize and present some of the mass of matter re­ lated to the confiscation, by the several states, of British and loyalist property might be of value to those working in the era of the Revolution, and, at the same time, permit of an examination, from a new point of view, of the efforts of the various colonial governments, hastily transformed into state governments, to solve the vast num­ ber of problems created by the war with the mother country. It is quite obvious that no single study could or should pretend to cover the vast field of the confiscation of the property of British subjects and American loyalists by the several states in all its many phases. The origins of the 1. A.M. Davis, The Gonfiscation Laws of Massachusetts (Cambridge; <J. Wilson & Son, 1906) . £• R.L. Allen, The Confiscation of Briti sh Property by the State of Maryland During the Revolutionary War (College Park, 1955 j. 5 question of confiscation in tlie colonies, the widespread demand on the part of the "farmers and mechanics" for the confiscation of the property of those groups opposed to the Revolution, the resistance to this demand by the propertied and official classes, the provocation offered by the several British commanders in their widespread requisitioning and actual confiscation of patriot prop­ erty, the loyalists* position on the matter, the propa­ gandist activities of the various newspapers and pamphlet­ eers, both for and against the action, the character of the properties seized, the types of individuals purchasing such property, and the far reaching and many-faceted economic, political, and social readjustments caused or conditioned by the fact of confiscation all offer oppor­ tunities for the student of this period. It is to be hoped that in the near future at least some of these problems will be investigated* Faced with such a variety of possible approaches to the general subject the author, influenced by his earlier study, decided that an attempt to present, in a compact form, the story of the way the several political divisions which later formed the United States handled the problem as told by their laws, would, perhaps, be more valuable than any other system of examination. In the mass of legis­ lation on the matter of confiscation is to be found the basis for all the later results of this mode of carrying the war to as many of the enemies of the new governments as 6 possible, together with the culmination of the bitter struggle between the groups opposed to and in favor of the step* Certain advantages to be gained from this line of approach are immediately evident* Of primary importance is the fact that the many laws, related to the confiscation of British and loyalist property, are still obtainable in complete, contemporary, and legally certified form, for every one of the embryonic states involved in the war, while other available material is, at best, incomplete, and in several observed cases, definitely inaccurate and misleading. It is also apparent that the laws of the several states, in their develop­ ment from their first tentative Teachings for the desired property to their final complexity, present, directly, a clear picture of the evolutionary character of colonial and revolutionary legislation on an important subject, and less directly, a glimpse into the minds of the local leaders of these communities during a most critical period of history* The first rather timid thrusts against the enemies within and without, the exultation of the early military successes, the plunge toward despair as the trained forces of the wKing of G-reat-Britain" won victory after victory over the poorly trained and equipped and half mutinous colonial levies, the loss of faith by the patriots in their hastily erected governments and in the paper currency, backed, in most cases, only by the pledge 7 to pay of these extra-legal bodies, the demands for pay in something besides valueless certificates by deputations from the regiments,
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