USA > New York > Loyalism in New York during the American revolution > Part 12
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1 This was the general rule. There were exceptions. Dec. 10, 1776, the com- mittee of safety ordered part of the estate of Thomas H. Barclay sold. It was sold for £1,603 Jan. 2, 1777. No doubt there were other cases. MS. Assemb. Papers, Forfeited F.states, vol. 27, P. 35; MS. Transcript . . of the Books and Papers of . . the American Loyalists, vol. 17, P. 38.
2 MS. Revolutionary Papers, v, 143, 211.
$ Jour. of Assemb., ii, 7, 40, 46, 58, 64, 67, 74, 78, 79, 81.
4 Ibid., 83, 85, 98.
5 Ibid., 99, 102-106.
6 Ibid., iii, 19-29, 57, 80.
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if found within the state, they were to be executed. The list included two governors,' seven councillors,2 two su- preme court justices,3 one attorney-general,4 twenty-four "esquires " 5 and two of their sons,6 one mayor of New York city,7 two knights,8 four gentlemen,9 nine merchants,1º one minister," one farmer 12 and three women.13 They were scat- tered over eleven counties.14 Further, the act directed that the grand jurors of any supreme court or courts of oyer and terminer, or "general and quarter sessions of the peace," were empowered, on the oath of one credible witness that any person dead or alive was guilty of loyalism, to bring in an indictment against such person.15 If he failed to appear after
' Dunmore and Tryon.
? John Watts, Oliver De Lancey, Hugh Wallace, Henry White, John Harris Cruger, William Axtell and Roger Morris.
" George Duncan Ludlow and Thomas Jones.
‘John Tabor Kempe.
$ William Bayard, Robert Bayard, James De Lancey of New York city, Guy Johnson, Daniel Claus, John Butler, Frederick Philipse, James De Lancey of Westchester, David Colden, Daniel Kissam, Sr., Gabriel Ludlow, Philip Skeene, Benjamin Seaman, Christopher Billop, Beverly Robinson, Beverly Robinson, Jr., Malcom Morrison, Abraham C. Cuyler, Peter Dubois, Thomas H. Barclay, John Rapalje, George Muirson, Richard Floyd and Parker Wickham.
6 Andrew P. Skeene and Frederick Philipse.
' David Matthews.
" Sir John Johnson and Sir Henry Clinton.
9 Robert Kane, Robert Leake, Edward Jessup and Ebenezer Jessup.
10 James Jauncey, George Folliot, Thomas White, William McAdam, Isaac Low, Miles Sherbrook, Alexander Wallace, John Weatherhead and Henry Lloyd.
11 Charles Inglis.
12 John Joost Herkimer.
13 Mrs. Charles Inglis, Mrs. Susannah Robinson and Mrs. Mary Morris.
" Orange, Cumberland and Gloucester were omitted.
15 The sheriff of Westchester county called loyalists indicted for high treason to appear to traverse it or have their estates confiscated, August 25, 1783. They failed to appear, and their estates were forfeited. MS. Transcript of . . Books and Papers of . American Loyalists, i, 336.
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four weeks' advertising in the newspapers, he was to be de- clared guilty, and to forfeit all his property. Those who were pardoned, or who had taken the oath of allegiance, were not included. Such of the accused as were brought to the bar should have a fair trial. High treason in this act was inter- preted to mean all it included in English law. In addition, persons in territory not in possession of the British on July 9, 1776, who voluntarily joined the enemy, or who broke paroles and went over to the British, or who were allowed to go to the British on condition of returning but who failed to observe the condition, were declared guilty of high treason. Those who lived in southern New York solely to protect their property, and did not aid the enemy, were ex- empt. The confiscation of property should not prevent the trial and execution of traitors. All conveyances of property by traitors after July 9, 1776, were presumed to be fraudu- lent. All lands and rents of the crown were likewise de- clared forfeited.1
This act of attainder was passed largely through personal spite, and in order to secure property.2 The Dutchess county whigs, to the number of about 450, had petitioned the legislature for harsh measures.3 The act was drawn up by John Morin Scott and James Jay. It was opposed by many persons for its manifest unfairness. Though passed in 1779, it did not go into complete effect until four years later.4 Then it was put into force regardless of the fifth article of the treaty of peace.5 John Watts and James De Lancey
1 Greenleaf, Laws of N. Y., i, 26-38; Jones, Hist. of N. Y., ii, 510-523; cf. Four. of Assemb., iii, 112-114, 122, 125, 139, iv, 26, 36, 39, 47, 49, 50, 59, 61, 63, 79, 86, 88, 92, v, 25, 26.
2 Cf. Jones, Ilist. of N. Y., i, 153, ii, 269-3c6.
3 Ibid., 528.
+ Ibid., 530, 538; Senate Journal, 115, 148, 156, 159, 166, 202, 215; cf. Jay, Life of Fay, i, 112-113.
3 Jones, Hist. of N. Y., ii, 538.
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went to England in May, 1775, and there remained, while Governor Dunmore, Governor Tryon and Sir Henry Clinton had never been anything but British subjects, yet their prop- erty was declared forfeited. All the attainted were Episco- palians.
The governor was authorized by the above act to appoint " commissioners of forfeiture " for " the great districts of the state." Seven were named-two for the southern district, embracing New York city and county, Long Island and Staten Island; one for the middle district, including the Hud- son River counties; one for the eastern district, taking in Vermont and Washington county ; and three for the western district, made up of Albany and Tryon county, and the Mohawk valley.1 They were authorized to sell all lands and houses confiscated and forfeited, and to grant deeds which should be valid against all claims. The sales were, as a rule, public, and held after due notice in the newspapers. The commissioners might divide the estates so as to sell them better, but the sale of parcels of over 500 acres was discour- aged. Sales were to be made in the counties where the lands were located, though the commissioner of the middle district was allowed to dispose of estates in New York city.2 Buyers were protected in every way and tenants were always given preference.3 Mortgages given before the Declaration of Independence were to be considered valid, but all issued after that date were to be investigated before claims arising from them were allowed. Good debts against forfeited estates were audited and paid, and those due such estates were collected. One-third of the purchase money must be
Greenleaf, Laws of N. Y., i, 127-149; Jones, Hist. of N. Y., ii, 543; cf. Laws of N. Y., ii, 310.
" Greenleaf, Laws of N. Y., i, 309.
3 Ibid., 53, Act of May 4, 1784; cf. Act of Nov. 24, 1784; Laws of N. Y., i, 422, 489.
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paid down and the rest within nine months. In the southern district the commissioners were paid for their services :14 per cent. of all sales, but elsewhere they received twenty- four shillings per day while actually employed.1 Great care was taken to prevent their speculating in lands.2 Maps and field books were made, records were kept, reports of sales were frequently sent to the governor, and deeds were regis- tered in the office of the secretary of state or of the county clerk. In all the districts except the southern, the commis- sioners began work before the treaty of peace, though the act of attainder was not put immediately into execution. On March 10, 1780, the commissioners were instructed to begin sales at once.3 Laws were passed at frequent intervals to regulate the traffic.4 Lands might be leased and rents were to be collected.5 All property was appraised before being sold.6 The office of "commissioner of forfeitures" was abolished September 1, 1788, when all the work was turned over to the surveyor-general.7 By 1782 the state had con- fiscated loyalist property in land valued at £500,000, hard money.8
John Hathorn, Samuel Dodge and Daniel Graham were appointed commissioners of forfeiture for the middle district, but by the later act of May 12, 1784, the number was re- duced to one.9 The sale of loyalist property in that district
1 The Act of March 10, 1780, allowed them $30 a day and actual expenses, This was in currency.
? Greenleaf, Laws of N. Y., i, 127-149.
3 Laws of New York, Act of March 10, 1780.
+ Ibid., i, 381-383, 422, 489, 621.
5 Ibid., i, 381-383, 751. In Dutchess co. 100 cleared acres rented for £30 in currency a year.
6 Ibid., 753. 7 Ibid., 822.
8 MS. Transcript of . . Books and Papers . . of the . . American Loyalists, i, 39.
9 Greenleaf, Laws of N. Y., i, 26-38, 127-149.
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began June 15, 1780, and within a year amounted to £337,- ooo in currency from lands forfeited by Beverly Robinson, George Folliot and Charles Inglis.1 The large estate of Roger Morris, amounting to 50,850 acres, was offered for sale April 20, 1781, and by June 30, 1785, 39,100 acres were dis- posed of for about £260,000, mostly in specie or its value in bills of credit, but it was not until 1819 that the surveyor general declared that all was sold .? William Bayard's estate brought to the state £7,542 for 1722 acres." The surveyor general continued the sales after 1788. From 1785 to 1808 the records are very meagre, but it is quite likely that sales were made right along. Between 1808 and 1819 about $10,000 worth of loyalists' property in Sullivan, Orange and Ulster counties, forfeited by James DeLancey, Oliver DeLancey and John Weatherhead, was sold. Altogether $1,523,000 was received in this district in currency and specie from the sale of loyalist real estate. The sales in 1780 and 178I were probably in currency, while those made later were in coin or its equivalent. On this basis the total sum reduced to Spanish silver dollars would be $575,000, or £226,400 sterling.
The three commissioners of forfeiture for the western dis- trict, John Lansing, Christopher Yates and Jeremiah Van Rensselaer, began to sell forfeited lands May 17, 1780, and by April 30, 1781 they had sold £477,396, or $1, 193,000, worth in paper money from the estates of thirteen loyalists.' Be-
1 MS. N. Y. State Treasurer's Book, 138-145.
2 MS. Abstract of Sales of Forfeited Lands, etc., in the office of the surveyor general; MS. Putnam Co. Lands Claimed by John Jacob Astor.
* MS. Assembly Papers, Forfeited Estates, vol. 26, p. 321; Laws of N. Y., i, 555.
' MS. An Account of Monies . . for Forfeited Lands . . in Assemb. Papers. Henry White, Edward Jessup, A. C. Cuyler, Guy Johnson, James De Lancey, Rob- ert Leake, Sir John Johnson, David. Colden, Daniel Claus, James Green, Malcom Morrison, Moses Holt and Alexander Crookshank. Simms, Frontiersmen of N. Y., 248, 257, estimated Sir John Johnson's estate at 50,000 acres.
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tween August 10, 1780 and May 9, 1781, the state treasurer received £9,343, or $23,400, in specie or its equivalent from the sale of the lands of four prominent loyalists.' The act of May 12, 1784, gave a new impetus to the sales, and soon the estates of twenty-two loyalists were divided into small lots and sold to several hundred persons for £328,500, or $821,000 in hard money." On November 8, 1785, 243,480 acres in this district remained unsold. This land, which was valued at £150,000, or $375,000 in standard money, was gradually sold.3 In 1788 the legislature ordered the sur- veyor general to sell the estates of four loyalists, and sales were made at intervals for some years.4 Converting the total amount of sales into standard money, the sales in this district produced about $1,250,000 or £500,000 sterling.
The three commissioners for the eastern district were re- duced by the act of May 12, 1784, to one, Alexander Web- ster. Up to that time they had sold 2,329 acres forfeited by Oliver DeLancey, 4,067 acres forfeited by Philip and Andrew Skeene, and 2,000 acres forfeited by Edward and Ebenezer Jessup. In the standard money of the day these lots were worth about $50,000.5 From October 12, 1784 to
1 MS. Assembly Papers, Forfeited Estates, vol. 26, 108-113; MS. N. Y. State Treasurer's Book, 120. Sir John Johnson, Oliver De Lancey., Guy Johnson and John Butler.
2 MS. Report of Comsrs. of Forfeiture. John Butler, Sir John Johnson, Henry White, G. Banker, Waldran Blauw, John Weatherhead, Hugh Wallace, J. Merkel, Joshua Shell, John Brown, Duncan Cameron, Patrick Carrijan, Stephen Tuttle, John Docksteeder, Wilson and Abels, Caleb Peck, John Watts, Robert Hoxley, Daniel Claus, William R. Wowen and Henry Cosby.
3 MS. Assemb. Papers, Forfeited Estates, vol 26, p. 104.
4 A MS. Account Book, no. 2, in the surveyor general's office, is apparently a supplemental list of sales amounting to £34,500, or $86,000; cf. Laws of N. Y., i, 828. The lands of Oliver De Lancey, James Jauncey, Goldsbrow Banyor were ordered to be sold in 1788.
5 In 1785 Edward Jessup alone estimated his losses at {11,173. Can. Archs., (1881), 720; MS. Report of Sales by the Comsrs. of Forfeiture of the Eastern District, 12th May, 1784, in Assemb. Papers, Forfeited Lands, vol. 26, pp. 100, 108-113.
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August 29, 1788, the estates remaining of these same persons, and of John Tabor Kemp, John Rapelje, David Jones, Michael Hofnagle and Jonathan Jones, aggregating 62,000 acres, brought only £40,000, or $100,000, to the state.1 Later sales probably increased this amount considerably. The sums given above were equal to £60,000 sterling.
The tory property in the southern district could not be touched till the British evacuated. The commissioners, Isaac Stoutenburg and Philip Van Cortlandt, were instructed to do nothing with property, real or personal, within the ene- my's lines. The most valuable possessions of the loyalists in the state were in this district. "Two-thirds of the prop- erty of the city of New York and the suburbs belongs to the tories," wrote an observer.3 All the wealthy landowners in Queens and Richmond counties were loyalists, and a few of the richest in Kings and Suffolk counties were in the same class. On April 6, 1784, Isaac Stoutenburg was ordered to sell exclusively for gold or silver forfeited property in the metropolis and Kings county to the amount of £20,000.4 At that time he gave public notice of the sale of the estates of Hugh Wallace, George Folliot, Frederick Philipse, John Harris Cruger and others.5
From June 16, 1784 to December 24, 1787, the commis- sioners executed 339 conveyances in the city and county of New York. The property of only twenty-six loyalists, how- ever, was sold during that time, and the amount realized was
' MS. Commissioners of Forfeiture, Eastern District, in surveyor general's office; cf. Greenleaf, Laws of N. Y., i, 276-279.
" Ibid., i, 26-38.
3 Am. Archs., 5th ser., ii, 182.
" At this time silver was valued at one hundred times the face of a paper bill. Laws of N. Y., i, 621; Jones, Ilist. of N. Y., ii, 501.
" MS. Transcript . . of the Books and Papers . . of American Loyalists, vol. 1, P· 345.
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nearly £200,000. James DeLancey's property alone, con- sisting of farms, and houses and lots, brought to the state about £120,000.1 This was the largest sum realized from a single individual in the district, while the smallest amount secured was £40, from the sale of five lots and a house and lot belonging to John Grigg, of Kinderhook .? The losses of other loyalists ranged somewhere between these extremes, but in no case did the sum realized from the sale of a loyal- ist's estate equal the amount of his claim for compensation. The property of eight of these loyalists was sold because of " conviction" of treason,4 while the rest were "attainted." At least five of them lived outside of the county of New York.' The petitions sent to the British government, asking
1 Jones, Hist. of N. Y., ii, 544-556, says his estate sold for £93,769, or $234,- 200. De Lancey himself valued his estate at £56,782 sterling, and his annual income at £1,200. MS. Transcript . . of Books and Papers . . of the American Loyalists, vol. 2, p. 72, and vol. 1I, p. 78, etc.
' MS. volume of Forfeited Estates, in the recorder's office of New York city.
3 The property of Henry White, Sr., was sold for {22,536. The possessions of James Jauncey brought to the state treasury £8,445, but he judged his loss to be £12,920. MS. Transcript . . of Books and Papers . . of the American Loyalists, vol. II, p. 78. Only £8,195 was realized from the property of William Bayard, while he estimated his loss at £100,000 on one occasion and £65,274 on another. Ibid., vol. 4 and vol. 11, p. 78; cf. Can. Archs. (1886), p. 554, no. 154, 215. Oliver De Lancey's houses and lots went for £5,710, but he, like William Bayard, owned land all over the state, and estimated his loss at from £60,coo to £78,000. Ibid., vol. 4, and vol. II, p. 78. Roger Morris placed his loss at £61,891, while only £3,010 was secured for his property in the metropolis. Ibid. Like differences between the sales in New York city and the loyalists' claims for losses was true in the case of Thomas White, Waldron Blauw, Robert Bayard, Thomas Jones, John Watts, Sr., Joshua T. D. St. Croix, Frederick Phillipse, Edward Ward, Isaac Low, John Weatherfield, John Harris Cruger, Alexander Wallace, Joshua Gidney, Robert McGinnis, William Axtell, James Leonard, David Matthews and Beverly Robin- son. Ibid.
4 Joshua T. D. St. Croix, Waldron Blauw, Joseph Leonard, Edward Ward, Roger Morris, Joseph Gidney, Robert McGinnis and John Grigg.
. 5 Frederick Phillipse, Beverly Robinson, Roger Morris, Thomas Jones and John Grigg.
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compensation for losses of property in New York city on ac- count of loyalty, show the names of at least eight loyalists who were not mentioned in the records of the commission- ers, with an aggregated loss of about £30,000.' The Eng- lish commissioner on loyalist claims, E. Hardy, who was sent to New York to receive testimony and make an examination, also reported the names of fourteen loyalists, who claimed a total loss of property worth approximately £14,000." The list of compensated claims has in it the names of still other loyalists from New York city." A tract of confiscated prop- erty was set aside by the commissioners of forfeiture for the residences of the officers of the state.4 Counting in all prop- erty confiscated in this county, not less than £264,000 sterling must have been realized for the benefit of the state.
Outside of New York city the records of the sales of the loyalists' property in the southern district are not very com- plete. The act of 1779 "attainted " loyalists in Rich- mond, Kings, Queens and Suffolk counties, and many others were " convicted" of treason and thus forfeited their possessions. In Kings county the commissioners sold the
1 Benjamin Booth, Lloyd Danbury, Stephen De Lancey, David Fenton, Thomas Hughes, Archibald Kennedy, Mrs. Dr. Magra, and Thomas Miller. MS. Transcript . . of the Books and Papers . . of the American Loyalists, vol. 4 and vol. II, p. 78.
* James Houghton, Uriah Wright, Tertullus Dickinson, Thomas Spragg, Joshua Curry, Nathan Whitney, Christopher Benson, James Dickinson, Ezekiel Welton, Robert Thorne, Jesse Powell, Simon Le Roy, Joshua Gidney and Theophylact Bache. Ibid.
& MS. Transcript , . of Books and Papers . . of the American Loyalists, vol. II, p. 78.
" A house aud lot in the west ward, belonging to William Axtell, was set aside for the secretary of state, and a house and lot of Henry White, in the east ward, was made the residence of the governor. Laws of N. Y., i, 759. The legislature authorized the commissioner of this district to give Thomas Paine a farm of 300 acres, forfeited by the conviction of Frederick Devoe, and located in the town- ship of New Rochelle, Westchester County. Ibid., 751. John Mckesson was also given a house and lot in the east ward, forfeited by James Jauncey, on account of his great service to the state. Ibid.
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estates of thirteen loyalists.1 Not less than fifty-two loyal- ists in Queens county lost their lands in the same way .? The sale of confiscated property began in Queens county on November 19, 1784, and within four months £14,265 was received for the estates of nine loyalists.8 Since the minutes of the further sales are lost it is impossible to say how much was actually turned into the state treasury from this county, but no doubt the sales continued for several years, and the sum realized was many times that given above. In Suffolk county the commissioners sold the property of three loyal- ists during July and August, 1784, for £8,554.4 In Rich-
1 Theophylact Bache, who lost but £488, and was able to save the rest of his property by remaining in the state, Benjamin James, Augustus Van Cortlandt, John Rapalje, who said his loss was £40,000, Whitehead Cornell, John Cornell, William Cornell, Miles Sherbrook, Colonel Richard Floyd, James Hubbard, Ste- phen Thorn, Abraham Rapalje and William Axtell, who estimated his loss at £25,710. Ibid.
' Richard Hulet, Thomas Cornell, Stephen Huett, Joseph Beagle, John Kendall, John Bodin, John Hulet, Isaac Denton, Charles A. Moorsener, David Beaty, Ga- briel Ludlow, who asked {6,500 as compensation for his losses, Thomas Jones, whose losses amounted to £44,600, Archibald Hamilton, David Colden, Richard Colden, George D. Ludlow, who estimated his loss at £7,000, Whitehead Hicks, Samuel Clowes, George Folliot, who believed his loss to be {13,144, Samuel Doughty, David Kissam, Gilbert Van Wyck, John Townsend, John Polhemus, Ben- jamin Whitehead, John Shoales, Nathaniel Moore, Samuel Hallett, who lost £6,000, William Weyman, Thomas Hicks, Benjamin Lester, David Colden of Flushing, Dow Vandine, Henry Floyd, Joseph Ford, Israel Youngs, Isaac Youngs, Plum Weeks, Johannes Barnet, Thomas Place, Jr., John Hewlett, John Kissam, Jo- seph Thorne, Stephen Thorne, Thomas Thorne, Stephen Hewlett, Hewlett Town- send, Jacob Moore, John Moore and Arthur Dingey. The first thirty-four names were taken out of the MS. N. Y. Assemb. Papers, Forfeited Estates, vol. 25, pp. 268, 272, 292, 301, 316, and vol. 27, pp. 211, 327, 383. The last eighteen names are given in Onderdonk, Queens Co. in Olden Times, 66, 67.
3 Johannes Polhemus, Dow Vandine, David Colden, Daniel Kissam, Gabriel G. Ludlow, Henry Floyd, George Folliott, Joseph Ford and George D. Ludlow. On- derdonk, Queens Co. in Olden Times, 67.
4 Parker Wickham, Richard Floyd and George Muirison. MS. Abstract af Certain Lands Forfeited, etc., in Old Civil List Book in Suffolk county clerk's office.
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mond county tory property met a similar fate. Although there were many loyalists on Staten Island, still there are few records extant giving the sales of forfeited estates.1 It is very difficult even to approximate the total amount realized from the sales of forfeited estates in the southern district out- side of the metropolis, but using the few figures preserved and considering the relatively large number of loyalists whose property was sold, the total amount must have reached £200,000 in hard money. This sum would make the total for the southern district £464,000 in standard money, or $1,160,000 in Spanish silver.
In 1788 the sale of forfeited estates was entrusted to the surveyor-general of the state.2 He was ordered to dispose of the lands at the capital after eight weeks' notification in the principal newspapers of the state.3 Sales were made in this way until several decades of the nineteenth century had passed away. In 1802 a bonus of twenty-five per cent. was allowed to persons who should discover any unsold lands belonging to attainted or convicted loyalists.4 Between 1803 and 1805 the property of five loyalists sold for nearly $14,- 000.5 The work of these two years was probably repeated during the entire period from 1788 to 1808, after which sales continued at rare intervals for another decade.6
1 Mrs. and Miss Dawson had 300 acres confiscated. MS. Transcript . . of Books and Papers . . of the American Loyalists, etc., vol. 4. The MS. Court Records of Richmond co. show that the estates of Peter Alexander Alaire and John Christopher were sold as late as 1788. All of Christopher Billop's lands on Staten Island were confiscated. Sabine, 229. Both he and Benjamin Seaman were included in the general act of attainder.
1 Laws of N. Y., i, 822, Act of March 21, 1788.
3 Webster, Laws of N. Y., i, 307.
4 Ibid., ii, 47.
5 MS. deeds marked Lott and Magin Patent, in surveyor-general's office. Isaac Low, Sir John Johnson, Frederick Philipse, Beverly Robinson and Roger Morris.
6 Ibid. There are many bundles of sales, deeds, claims, appraisements, certifi- cates, etc., in the surveyor-general's office at Albany.
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The English historian, Lecky, says that "Two-thirds of the property of New York was supposed to belong to the tories." If this statement be intended to include the crown lands, as well as the forfeited estates, it is undoubtedly true. Approximating the total sales from the partial sales which are left, it seems fair to conclude that the state received one million two hundred and sixty thousand pounds in standard money, or three million one hundred and fifty thousand dollars in Spanish coin, from the sale of for- feited real estate. The total loss for personal and real estate would be nearly three million six hundred thousand dollars.2
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