The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
On the other hand, the Americans brought forward very strong reasons why
the Tories should not be indemnified by Congress. First, as Franklin
urged, many of them had, by their misrepresentations to the British
government, helped to stir up the disputes which led to the war; and as
they had made their bed, so they must lie in it. Secondly, such of them
as had been concerned in burning and plundering defenceless villages,
and wielding the tomahawk in concert with bloodthirsty Indians, deserved
no compassion. It was rather for them to make compensation for the
misery they had wrought. Thirdly, the confiscated Tory property had
passed into the hands of purchasers who had bought it in good faith and
could not now be dispossessed, and in many cases it had been distributed
here and there and lost sight of. An estimate of the gross amount might
be made, and a corresponding sum appropriated for indemnification. But,
fourthly, the country was so impoverished by the war that its own
soldiers, the brave men whose heroic exertions had won the independence
of the United States, were at this moment in sore distress for the want
of the pay which Congress could not give them, but to which its honour
was sacredly pledged. The American government was clearly bound to pay
its just debts to the friends who had suffered so much in its behalf
before it should proceed to entertain a chimerical scheme for satisfying
its enemies. For, fifthly, any such scheme was in the present instance
clearly chimerical. The acts under which Tory property had been
confiscated were acts of state legislatures, and Congress had no
jurisdiction over such a matter. If restitution was to be made, it must
be made by the separate states. The question could not for a moment be
entertained by the general government or its agents.
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