American loyalists; Andros, Edmund, Sir, 1637-1714; Society of Friends -- New England; Witchcraft -- New England
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
belonged, there to be dealt with as traitors.[171]
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 been forfeited under
the Confiscation Act of New York.”[172]
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 the
confiscations.”[173]
Public-domain text, read in full here on John Shaqi.
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