Everywhere people complained of hard times. Discouragement and ill-humor
displaced the buoyant optimism with which peace had been heralded. "What
is independence?" asked a writer in _A Shorter Catechism_. "Dependence
upon nothing" was the cynical answer. In many States the popular
discontent found vent in a vindictive crusade against the Tories. Even
sober-minded citizens shared the general detestation of these
unfortunate people. In the heat of war Washington had declared them to
be "abominable pests of society" who ought to be hanged as traitors.
The States had quite generally confiscated their property and in some
cases had passed acts of attainder against them. In communities like New
York, which had long remained in the hands of the British, the popular
animosity was exceedingly bitter. To aid those citizens who had been
dispossessed of their estates, the legislature passed the Trespass Act,
which permitted suits for the recovery of property that had passed into
the hands of the enemy upon the flight of the owners. The terms of the
act were in flat contradiction to the treaty of peace. Further to aid
claimants, it was provided that no military order could be pleaded in
court in justification of the seizure of property.
In a famous case brought before the Mayor's Court of New York by the
widow Rutgers to recover her property from Joshua Waddington, a wealthy
Tory, Alexander Hamilton appeared as counsel for the defendant. It was a
daring act which brought down upon him the unmitigated wrath of the
radical elements. Nevertheless, in an opinion which has considerable
interest for students of constitutional law, the court ruled that the
Trespass Act, "by a reasonable interpretation," must be construed in
harmony with the treaty of peace, which was obligatory upon every State.
It was not to be presumed that the legislature would intentionally
violate the law of nations. The judgment of the court therefore, was in
favor of the defendant. With chagrin and resentment the popular party
declared that the court had set aside a law of the State and had
presumed to set itself above the legislature. Wherever the radicals got
the upper hand, confiscation was the order of the day; and even where
the conservatives succeeded in restraining their radical brethren from
legislative reprisals, no Tory was safe from the assaults of
irresponsible mobs. Thousands took refuge in flight, to the infinite
delight of the wits in the coffee-houses who jested of the "Independence
Fever" which was carrying off so many worthy people.
Public-domain text, read in full here on John Shaqi.
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