USA > New York > Loyalism in New York during the American revolution > Part 11
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Thus it appears that after 1776 the local committees, though still in existence in the counties not held by the British and occupied by them until the war closed, gradually waned in their powers and activity. They were the most effective as factors in dealing with loyalism when centralized power was weak, when laws and precedents remained to be made, and when loyalists were rendered harmless only through the activ- ity of local patriotic sentiment as expressed in an organized committee. But as a strong state government was formed and laws were passed to deal with the tories, and general committees were created to enforce the laws, the powers of the local committees were gradually absorbed by the superior bodies. With the full establishment of civil government and the opening of courts, both state and local committees dis- appear.
1 Am. Archs., 5th ser., i, 132, ii, 247, 249, iii, 228-229, 526; Four. of Prov. Conv., i, 663.
? Ibid., 898; Am. Archs., 5th ser., i, 125, 791, 1079, 1113, 1146, 1404, 1405, 1518, ii, 688, iii, 1046.
$ Ibid., i, 354, 855, 1411, 1412, 1443, 1444, 1447, 1448, 1454, 1456, 1523, 1526, ii, 597-599, 683, 1523, 1526.
+ Am. Archs., 5th ser., i, 337, 355, 626, 1030, 1556, ii, 258, 310, 373, 384, 597- 599, 829, 841, 845, 854, 963; Four. of Prov. Conv., i, 670, 766-767.
CHAPTER VII
CONFISCATION AND SALE OF THE PROPERTY OF LOYALISTS
THE idea of confiscating the property of the loyalists was a growth. It developed with the conviction that they were traitors, and was intended to be both a retribution and a punishment. It was a blow at individuals rather than at a cause or a party. Aside from the wanton fury of mobs, there was at first a decided effort made to preserve loyalist property. When the Provincial Congress ordered loyalists to be disarmed, great care was taken to have the arms ap- praised and marked, so that they, or their value, could be re- turned at the close of the war.' Washington caused the dangerous tories on Long Island to be removed, but took pains to preserve their property." When the Albany county committee authorized the arrest of Sir John Johnson, instruc- tions were given to seize all military stores, but not to injure his property. Even his papers were not to be molested.3 But after his flight, Colonel Dayton, acting on his own re- sponsibility, sacked Johnson Hall and appropriated "his cattle, his negroes, his horses, hogs, sheep and utensils of husbandry."' In the Continental Congress a resolution to retaliate so far as possible for the seizure of American ves- sels by confiscations was tabled." But as time passed the
1 Min. of Prov. Cong., iii, 73-76, Sept. 16, 1775; Am. Archs., 4th ser., v, 1638, 1646, iv, 1628-1629.
? Ibid., 5th ser., i, 1501, August 12, 1775: cf.ibid., 4th ser., v, 1696.
3 Ibid., vi, 642. + Jones, Ilist. of N. Y., i, 76.
5 Am. Archs., 4th ser., v, 1696.
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policy adopted in this matter became more severe, until all the property of loyalists, personal and real, was confiscated and sold for the benefit of the state.
In the confiscation of property England herself set the example. In 1775 parliament ordered all American ships and cargoes on the high seas to be seized and confiscated.1 Upon the arrival of Howe at New York in 1776 confiscations were made on Staten Island,? Long Island3 and Manhattan Island.4 Again and again the loyalists were promised the estates of their rebellious brothers after the war was over.5 At first only movable property was taken, but later real estate as well.6 These acts, together with the boastings and threats of the loyalists, gave the revolutionists ample occa- sion, if not justification, for their conduct.
The first act implying confiscation in New York was passed August 3, 1775. It provided that those who supplied the British should be disarmed and pay double the value of the supplies. A denial of the authority of any revolutionary body should entail the loss of arms. Those who enlisted or armed themselves " against the liberties of America," should be "confined in safe custody," and both their real and personal property should be turned over to a person ap- pointed by the nearest committee to be held in trust.1 Many arms were thus confiscated from the loyalists and properly recorded.8 This act was taken as authority for more sweep-
1 Am. Archs., 4th ser., v, 843. 16 Geo. III, c. 5. Cf. ibid., 1696.
$ Ibid., 325, 506.
? Ibid., 5th ser., ii, 325.
4 Docs. rel. to N. Y. Col. Hist., viii, 692.
& Ibid., 580; Am. Archs., 4th ser., v, 1473, vi, 1032, 5th ser., i, 1237.
' Docs. rel. to N. Y. Col. Hist., viii, 692; Am. Archs., 5th ser., ii, 325; cf. Memoirs of L. I. Hist. Soc., iii, 96, appendix.
1 Min. of Prov. Cong., ii, 314-319.
8 Ibid., iii, 113-114, 116-117. New York anticipated the Continental Congress by five months in this procedure. Almon's Remembrancer, i, 221-223. In New York city 58 loyalists were deprived of guns, pistols, cutlasses, swords and ammu- nition appraised at £203 in 1775. Cal. of N. Y. Hist. M.S.S., i, 259-261.
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ing confiscations, where the exigencies of the case seemed to demand it. To make good the bonds of escaped tories, their estates were seized.1 In Albany county loyalists' property was sold to pay for the military service they should have rendered." The Provincial Congress ordered two sloops on the Hudson, used by the ""disaffected," to be captured. Dobb's sloop was burned, and Berg's sloop was sold at ven- due for the benefit of Congress.3 The New York committee proposed to declare all goods imported in violation of the association to be forfeited.4 In August, 1776, the Conven- tion used the houses of the chief loyalists in New York city as hospitals." Such were the early examples of the appro- priation and confiscation of loyalist property.
Treason was defined by the resolutions of the Continental Congress of June 24, 1776,6 while at the same time it was declared that all the property of those who adhered to the king or abetted him in his unjust war against the states should be liable to seizure.1 These resolutions were supplemented some weeks later by the acts of the New York Convention, ex- plaining allegiance, citizenship and treason. The status of the loyalists having been clearly defined, and all doubts about the political issues removed, New York was soon ready to take the necessary legal steps to supplement the inquisitorial
' Dawson, Westchester Co., 174-177.
1 Min. of Alb. Com. Co., i, 389.
3 Am. Archs., 4th ser., iii, 569, 900, 907, 908, 910, 1016, 1267, 1300, 1303.
Ibid., iv, 692. As early as July 11, 1775, the New York committee named a sub-committee of six to attend to " the sale of two bales and two trunks of goods, the property of Benjamin Booth, imported in the ship Lady Gage . .. from London in Dec. last; also to attend the sale of boxes and goods, the property of Grey and Blakie." Am. Archs., 4th ser., ii, 1645.
' Ibid., 5th ser,, i, 1499.
6 Am. Archs., 4th ser., vi, 1431, 1720; cf. Gaine's N. Y. Gazette and Weekly Mercury. no. 1293, for a discussion of "Citizenship."
1 Am. Archs., 5th ser., i, 1590, resolution of July 24, 1776.
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program by sequestrating, confiscating and selling their property in a systematic manner for the benefit of the state.
Subsequent to July 4, 1776, confiscations became more numerous. This was work which fell naturally to the local committees. In Orange county large stores of household goods and other articles, also horses and oxen, belonging to William Bayard and other disaffected persons, were seized." A list of the estates of the tories was made out in Albany county." In Westchester county the farms, stock, tools, crops and furniture of loyalists were seized and sold before December 6, 1776.4 In Orange county, and no doubt elsewhere, commis- sioners were appointed to secure the " perishable effects " of absconded tories.5 When Colonel Hitchcock took a loyal- ist's horse, the committee of safety ordered him to keep it until the legislature took action respecting such property.6 When Thomas Barclay joined the British, the same commit- tee caused his hay, forage, stock and grain, except so much as was necessary to support his family and slaves, to be seized; but it was appraised, sold and the value deposited in the state treasury until more definite action should be taken.7
These cases became so numerous that it was felt that some additional administrative regulation was necessary to cover them, hence a committee was named to report an "ordinance for securing all estates and effects" of absconded tories.8
1 Am. Archs., 5th ser., i, 1403, 1410.
' Four. of Prov. Conv., i, 679; Am. Archs., 5th ser., iii, 347.
$ Ibid., 364.
4 Ibid., 364; Dawson, Westchester Co., 120; Hist. MSS. Miscl. Papers, xxxv, 397.
5 Am. Archs., 5th ser., iii, 1248. General Arnold also seized the effects of tories at Montreal. Ibid., 4th ser., vi, 976.
6 Jour. of Prov. Conv., i, 679. 1 Ibid., 720-721.
8 Ibid., 730, 731-733, 755; Am. Archs., 5th ser., iii, 347.
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Meanwhile the " commissioners on conspiracies" were ordered to seize the effects, money and crops of loyalists who broke their paroles.' The ordinance, as reported by the committee, on February 22, 1777, and adopted, provided that six commis- sioners should be ordered to sell the personal property of loyalists who had gone to the British and to keep the money till orders were received from the state legislature.2 Local committees were instructed to prepare lists of such property.3
Finally, on March 6, 1777, the Convention took decisive action. Three paid commissioners of sequestration, who were continued in service for seven years, were appointed for each of the counties except those in control of the British, and excepting also Gloucester and Cumberland counties." They took an oath to perform their duties honestly, fearlessly and impartially. Two constituted a quorum. They were au- thorized to seize all the personal property of those who joined the British, and after ten days' notice sell it at public vendue. The entire proceeds were to go into the state treasury, and their expenses were to be paid by the state. The families of loyalists were allowed to retain their wearing apparel, the necessary household furniture, and provisions for three months. The purpose of this measure was, by using such property for the advantage of the new state, to prevent it from going to waste or serving as supplies for the enemy.5
These committees began their work at once. To make their work more effectual the act of March 6 was soon sup- plemented by others. The Albany county commissioners resigned, and the Convention appointed ten commissioners to replace them." When the committee of Claverack district in
1 Four. of Prov. Conv., i, 760, 769, 777-778, 804, 810.
' Ibid., 811.
Ibid. 821, 827.
"The committees for these two counties were appointed later. Ibid., 861, 907.
6 Ibid., 826. 6 Ibid., 956, 967, May 30, 1777.
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Renslaerwyck complained that the county commissioners had not done their duty, the council of safety ordered it to act in their stead and with like powers.1 A new commission of two members was created for Orange county, north of the moun- tains .? The Convention filled vacancies again and again. The commissioners received orders from the Convention and the legislature to appropriate the property of certain loyalists," to lease all lands yearly at moderate rates, giving the home- less whigs the preference ;' to sell all personal property,5 to administer oaths to witnesses and punish them for contempt ;6 to send all gold and silver to the state treasurer,' to pass on the validity of sales made by loyalists before their flight,8 to suppress frauds," and "to enter any houses and places wherein they shall have reason to suspect any of the goods, chattels and effects are concealed, and to break open any building or dig up any soil "to secure them.10 The estates of traitors who had been executed were also put under their jurisdiction. No private sales were allowed." Suspecting that the commissioners were not doing their duty or were over-zealous, the legislature appointed a committee of six in 1779 to inquire into the conduct of the commissioners of Albany, Charlotte, Tryon, Dutchess, Ulster, Orange and Westchester counties.12 So severe were the commissioners in Westchester county that even General Putnam complained
1 Four. of Prov. Conv., i, 1079. ? Ibid., 1112, Jan. 8, 1778.
3 MS. Assembly Papers, Forfeited Estates, vol. 25, p. 5-7; Jour. of Prov. Conv., i, 826, 1052.
+ Ibid., 856, 883, 899, 930. April 17, 1780, John Younglove and George Palmer reported 26 loyalist farms rented at a total income of £551, and 11 farms for £638 in 1779. MS. Audited Accounts A, in Surveyor General's Office.
' your. of Prov. Conv., i, 872. 6 Ibid., 1056, Nov. 10, 1777.
1 Ibid., 1090, 1112. 8 Ibid., 930. 9 Ibid .. 930. 10 Ibid., 1092.
11 Jour. of N. Y. Assemb. (1777), 87, 92, 93. 99.
12 Ibid., iii, 19, 40, 71, 79.
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of their conduct.1 These commissioners were kept busy until after the war closed, and in order to hasten their work, the state gave them a bonus of ten per cent. on all sales made after March II, 1784.2
The most complete minutes of the sales now accessible are for Dutchess county, and will serve as a sample of what was done in all the counties. The commissioners for that county sold the personal estate of Beverly Robinson on April 21, 1777. It consisted of live stock, farm implements, house- hold articles, barn and cellar fixtures, grain, fruits, hay, cloth- ing, books and numerous other articles, which were sold for £680.3 Further confiscations and sales followed. At Fred- ericksburg the personal effects of twenty-six loyalists sold for £1,637. In Paulding's precinct £2,133 was realized from the property of twenty loyalists. In Southeast precinct the property of eighteen loyalists brought £800. In Rumbout precinct the personal estates of thirty-four loyalists were disposed of for £2,985. The personal effects of fourteen Poughkeepsie loyalists brought £1,630, and £4,906 was se- cured from thirty-six loyalists in Charlotte precinct. In Rhinebeck precinct £3,762 was raised from the personal possessions of forty-two loyalists, while Beekman's precinct returned £1,017 from the belongings of nine loyalists, and Northeast precinct reported £15,144 from sixty-seven loyal- ists. Between 1777 and 1780 the sum of £24,694 was realized from the sale of the personal property of 262 loyalists in the county. 4 By November 22, 1781, this
1 Jour. of Prov. Conv., i, 1031, Aug. 15, 1777.
1 Laws of N. Y., i, 232.
" MS. The Personal Estate of Beverly Robinson, etc., of 116 pages, in the library of N. Y. State. The book seems to have been larger, because there are references to page 119.
+ The MS. The Personal Estate of Beverly Robinson, etc., has in it all the names of the loyalists whose estates were confiscated, and an itemized account of the sales.
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amount had increased to £75,352, and by May, 1783, the total of £99,771 had been paid to the state treasurer from Dutchess county.2
This record was repeated in most of the other counties. From June 30, 1777, to July, 1781, the commissioners for Ulster county collected £32,082." Tryon county raised £27,815 between August 31, 1777, and July, 1781.4 The sales in Westchester county during the period from July I, 1777, till May, 1784, amounted to £43,880.5 The sum of £18,494 was realized in Albany county between March 14, 1778, and May, 1782.6 Only £360 was turned into the treasury between August 29, 1778, and February, 1779, from Charlotte county." The Orange county commissioners sold personal property to the value of £38,193 between Septem- 30, 1778, and March, 1783.8 The personal possessions se- questrated and sold in seven counties brought to the state treasury £260,595.
Of sales of personal property there are no returns before 1783 from the strongholds of loyalism, New York city, Long Island and Staten Island, for the very sufficient reason that these places were till that time in the possession of the British. After the treaty of peace and the evacuation of these regions, the zeal for discovering and selling this class of property had abated. Loyalists who chose to remain under the new order of things were not molested, while most of those who emi- grated either removed or sold their personal effects. It seems, however, from petitions which were sent to England asking for compensation for losses, that after the evacuation
1 MS. State Treasurer's Book, 1775-1796, p. 77.
1 Ledger from 1775 to 1793. in State Comptroller's office, p. 106, 199.
' Ibid., 106. ៛ Ibid., 107. 5 Ibid., 107, 172.
6 Old Ledger of State Treasurer from 1775 to 1793, in comptroller's office, 131, 136.
" Ibid., 150.
8 Ibid., 146; cf. State Treasurer's Book for 1775-1796.
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of southern New York some of the loyalists did lose their personal property." The report made to the English com- missioners on loyalists' claims by E. Hardy, the agent sent to New York, March 5, 1784, gave the names of fourteen loyalists from New York city who requested compensation for an aggregate loss in personal property of £15,006.2 No doubt loyalists on Long Island and Staten Island suffered similar losses.3 Using these known figures as the basis for a conservative estimate of the total amount of money realized by the state from the sale of this class of prop- erty, it can be safely said that the sum was £300,000. The loss to the loyalists, however, would at least approximate £600,000.4
It is very difficult to convert these sums into hard money, because of the great fluctuations in the value of cur- rency. When the sales began in 1777 bills of credit could be exchanged easily for specie at a small premium,5 but by March 15, 1780, the ratio between paper money and coin
1 William Axtell had his home and furniture on Broadway sold. Sabine, 198. The personal property of Andrew Elliott in Bowery Lane was sold at auction Sept. 1783. Ibid., 404. In this same year the furniture of John Tabor Kempe was sold in New York city. Ibid., 601.
' MS. Transcript of . . the Books and Papers of . . . the American Loyalists, vol. 1, 369-371. James Houghston, Uriah Wright, Tertullus Dickinson, Thomas Spragg, Samuel Dickinson, Joshua Curry, Nathan Whitney, James Dickinson, Jesse Sturges, Ezekiel Welton, Robert Thorne, Jesse Powell, Simon La Roy and Joshua Gidney.
8 Jesse Oaks, of Suffolk co., reported a loss of $1,485, and C'apt. Samuel Hallett, of Hallett's Cove, estimated his loss at $10,730.
" This estimate is based on the fact that the loyalists' claims for losses were about double the amounts for which their property sold.
' At the outbreak of the revolution $6 in specie was worth only $7.50 in bills. This ratio lasted until the fall of 1777. Hart, Hist. of Paper Money in Am. Cols .; Gouge, Paper Money and Banking in the U. S., 26. From 1775 to 1781 New York issued £464,000 in paper money, but most of it was successfully redeemed by taxation.
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was 40 to 1.1 After 1781, however, efforts were made to have payments for forfeited property made in gold or silver, or the equivalent in currency.2 The monetary standard used by New York in issuing bills of credit was the Spanish silver dollar.3 Since a pound in currency was equal to $2.50, the sums given above can easily be reduced to dol- lars.4 By assuming that the sales made in 1777 and those made after 1781 were for specie, or its equivalent in currency, the amount of standard money realized from these sales was nearly $222,000.5 Taking the legal rate of exchange of June, 1778, which was 2.6 to I, as an average for the year, the sales of that year amounted to $56,350 in Spanish silver. In June, 1779, the ratio was 13 to I, and, by using that as the average for the year, the state received but $2,060 in hard money. The ratio for 1780 and 1781 was about 40 to 1, and would reduce the $315,000, which was received for loyalist property, to a little less than $8,000. The total in- come from the sale of confiscated personal effects, reduced to Spanish silver dollars, would be almost $390,000.6 This
' The scale of the depreciation of paper money was fixed by law in New York. Laws of N. Y., i, 261, 377, 328; Hickcox, N. Y. Bills of Credit, 98; Phillips, Hist. Acct. of Paper Cur., i, 33.
2 Laws of N. Y., i, 378.
3 The Spanish silver dollar had in it in 1772 417 grains. Chalmers, Hust. of Cur. in the Br. Cols., 392.
4 At this ratio the total amount realized, for instance, from the sale of seques- trated personal property in Dutchess county, would be nearly $250,000, while the total loss in the state, from the loyalists' standpoint, would be about $1,500,000.
5 From Tryon, Ulster, Dutchess and Westchester counties £27,457 was received in 1777, and from Westchester, Albany, Orange and Dutchess counties £61,338 after 1781.
6 Since coin became very plentiful in the colonies after 1780, according to Phillips, Hist. Account of Paper Currency, ii, 173, it is possible that some of the property which was purchased was paid for in hard money. In that case this sum should be increased. These estimates are based upon the supposition that the pay- ments were all made in depreciated currency. Prices of the time indicate the low
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sum was turned into the treasury of the state and used to meet the expenses of war. If translated into bullion values of the present day these figures would not be changed very materially.1
Although efforts were made after 1781 to have all busi- ness in the state transacted on a specie basis, it was not until the Act of May 12, 1784, was passed that the relative value of the various kinds of money was determined. Gold and silver were to be accepted at their "legal and current values." The bills of credit of New York and the conti- nental paper money were to be taken at the rate of one silver dollar for $120 in currency. Other special certificates and warrants were to be received on more favorable terms.2
The office of commissioner of sequestration, created March 6, 1777, was abolished May 12, 1784, and orders were given to the commissioners to render an account of their transac- tions and to turn all moneys and records over to the state. Their powers and duties then devolved on the commission- ers of forfeiture. They were released from all obligations and were guaranteed protection against suits for damage.3 So thoroughly had their work been done during the seven years of their existence that by 1784 comparatively little confiscated personal property remained to be sold.
The confiscation and sale of the personal property of loyalists was followed by a like disposition of their real estate. This course was followed partly in response to pop- ular clamor. Between August 3, 1775 and, October 22,
value of paper money. A pair of trousers sold for £35, a pair of boots for £17, a grindstone for £260, a cow for £164, a negro for {260, a bed for £76, a look- ing glass for £21, and an ox-cart for £144.
1 Cf. Sumner, The Financier and the Finances of the Am. Rev. ii, 36; Bolles, Finan. Hist. of U. S., i, 31; A pound " sterling " in this chapter does not mean British money, but simply the standard money of the colony, or $2.50.
2 Laws of N. Y., i, 740-741. " Greenleaf, Laws of N. Y., i, 45, 156, 159, 279.
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1779, the houses and lands of pronounced loyalists were seized and held in trust by the state.' The products from these estates were sold, and the rents went into the state treasury. The question of what should finally be done with forfeited lands was raised as early as 1776.2 On October 15, 1778, James Jay reported in the New York assembly the need of " an act to confiscate and make sale of all real and personal estates of such inhabitants and others who have forfeited the same to the state."3 A bill was reported Feb- ruary 26, 1779, declaring "the sovereignty of the people of this state " over all such possessions.4 It was passed, but the council of revision declared it to be repugnant to the "plain and immutable laws of justice," because it deprived inhabi- tants "of their just rights" and put the possibility of the "grossest oppression" in the hands of the commissioners. They objected to the punishment of persons without trial by jury, and the indictment of absentees for high treason. They complained that there was no provision for the return of property to the innocent, no definite instructions to the com- missioners, no provision for debts due citizens of New York by the loyalists, and that even persons who were dead when the act was passed were declared guilty of high treason and a decree of confiscation was issued against their property.5
A new bill was then prepared and became a law, Oc- tober 22, 1779.6 The act declared that fifty-nine per- sons were ipso facto guilty of felony; that they should be attainted and their property forfeited to the state;
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