I'

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THE

LOYALISTS OF AMERICA

AND

THEIE TIMES:

From 1620 to 181(>.

Q1

BY EGERTON RYERSON, D.D., LL.D.,

Chief Superintendent of Education for Upper Canada from 18UU to 1876.

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IN TWO VOLUMES.

VOL. II.

TORONTO:

WILLIAM BRIGGS, 80 KING STREET EAST;

JAMES CAMPBELL & SON, AND

"WILLING & WILLIAMSON.

MONTREAL: DAWSON BROTHERS.

1880.

Enteked, according to the Act of the Parliament of Canada, in the year One thousand eight hundred and eighty, by the Rev. Egerton Kyerson, D.D., LL.D., in the Office of the Minister of Agiiculture.

^^

CONTENTS.

CHAPTER XXVII.

Alliance between Congress and France not productive of the effect anticipated ; efforts of the british government for reconcilia- TION WITH THE Colonies 1-16

PAGE

Alliance deferred twelve months by France after it was applied for by Con- gress, until the King of France was assured that no reconciliation would take place between England and the Colonies 1

Lord Admiral Howe and his brother, General Howe, Commissioners to confer with Congress with a view to reconciliation ; their power limited ; Con- gress refuses all conference with them, but the vast majority of the Colo- nists in favour of reconciliation 2

Reasons of the failure of the two Commissioners 4

New penal laws against the Loyalists 5

Three Acts of Parliament passed to remove all grounds of complaint on the part of the Colonists, and the appointment of five Commissioners ; Lord North's conciliatory speech ; excitement and opposition in the Commons, but the bills were passed and received the royal assent 6

Lord North's proposed resignation, and preparations for it 8

Opinions of Lords Macaulay and Mahon as to the success of a commission ; proposed terms of reconciliation if appointed and proposed by the Earl of Chatham 8

The large powers and most liberal propositions of the five Royal Commissioners

for reconciliation between the Colonies and the Mother Country 11

The refusal of all negotiation on the part of Congress ; bound by treaty to the King of France to make no peace with England without the consent of the French Court 12

The three Acts of Parliament, and proposals of the five Commissioners of all that the Colonists had desired before the Declaration of Independence ; but Congress had transferred allegiance from England to France, without even consulting their constituents 12

Appeal of the representative of France to the Canadians to detach Canada

from England (in a note) , . , 12

iv CONTENTS.

PAGE

Sycophancy of the leaders of Congress to France against England 13

The feeling of the people in both England and America diiferent from that of

the leaders of Crongress 14

The war more acrimonious after the alliance between Congress and the King of France and the failure of the British Commissioners to promote recon- ciliation between Great Britain and the Colonies 16

CHAPTER XXVIII.

Complete Failure of the French Fleet and Army, under Count

D'ESTAING, TO assist THE CONGRESS 17-32

Count D'Estaing arrives in America with a powerful fleet and several thousand

soldiers 17

Anchors off Sandy Hook for eleven days ; goes to Long Island by Washington's advice, and sails up Newport River, whither he is pursued by the Lord Admiral Howe with a less powerful fleet ; the ships, with 4,000 French soldiers and 10,000 Americans, to land and attack the British on Long Island, who were only 5, 000 strong 17

The two fleets separated by a storm ; only fighting between individual ships. . 18

Count D'Estaing, against the remonstrances and protests of American officers,

determines to sail for Boston Harbour for the repair of his ships 18

Bitter feeling and riot between the American sailors and citizens and French

seamen and soldiers in the streets of Boston 19

Raids in New England by British expeditions (in a note) 19

Differences between Count D'Estaing and the American officers as to the mode

of attacking the British on Long Island 19

Early in November Count D'Estaing with his fleet quitted the port of Boston and sailed for the "West Indies, thus disappointing the hopes of the Americans from the French alliance 20

Count D'Estaing, though strengthened by the fleet of Count De Grasse, could

not be induced to come to close fight with Admiral Byron 21

The French take St. Vincent 21

Count D'Estaing complained of by the Americans to the French Court, which

orders him to return to the American coasts and assist the Colonists 22

D'Estaing arrives suddenly on the American coasts with twenty-two sail-of-the- line and eleven frigates and six thousand soldiers ; his magnificent plans and expectations 22

D'Estaing arranges with General Lincoln to attack Savannah and rescue the province of Georgia, and afterwards other Southern provinces, from the British 23

Account of the Siege of Savannah, and the defeat of the French and their

American allies ; result of the contest 24

Mutual recriminations and jealousies between the French and American

officers ; Count D'Estaing sails with his fleet for France 25

Why this minute account of Count D'Estaing's abortive expeditions to America ; the barren results of the first two years' alliance between Con- gress and the King of France, by Dr. Ramsay 27

Spain joins France against England in 1779 28

CONTENTS. V

PAGE Low state of the American army and finances; discouragement and despon- dency of the Americans in 1780 28

The degeneracy of Congress in 1778, as stated by General Washington 29

Depreciation of public credit ; sale of the confiscated j)roperty of " Tories "... 30

CHAPTER XXIX.

1780 A YEAR OF WEAKNESS AND DISASTER TO THE AMERICAN CAUSE, AND OF SUCCESS TO THE BRITISH 32-41

Depression of American finances 32

Weakness of Washington's army 32

La Fayette returns from France with a loan of money and reinforcements of

naval and land forces 33

The British receive naval reinforcement of war ships, and become superior to

the French 33

Failure of the French reinforcements 33

Sir Henry Clinton goes South ; besieges and takes Charleston 34

Conditions of the surrender and treatment of the inhabitants, as stated by Dr.

Eamsay and misrepresented by Mr. Bancroft 35

Sir Henry Clinton's bad administration and bad proclamation in South Caro- lina ; his exaggerated statements of his success ; re-embarks at Charleston

for New York 36

Expeditions to secure the universal submission of the people ; but they

weakened the cause of the British in the hearts of the people 36

The military power of Congress reduced and crushed in the Southern States . . 37 Lord Cornwallis's antecedents, and those of Lord Rawdon (afterwards Marquis of Hastings); but their severe policy unjustifiable and injurious to the

British cause 38

Military proceedings in the North also unfavourable to the Congress ; its con- fessed weakness and gloomy prospects 40

Appeal of Congress to France for men and money as their only hope 40

Washington's despondency without French aid (in a note) 41

Mr. Hildreth, the historian, on the gloomy state of American affairs at the close of the year 1780, though the English victories and rule did not at- tract the hearts of the people to the British cause 41

CHAPTER XXX.

The French and Congress Allies recover Virginia ; surrender of Lord Cornwallis ; results 42-52

General Washington and the French Commander plan an expedition to the

South 42

' Sir Henry Clinton deceived as to their design 43

Count De Grasse sails for the Chesapeake with a fleet of 28 ships and 7,000

French troops 43

Remarkable march of the allied army, five hundred miles from New York to Virginia, without committing any depredations whatever upon the inha- bitants, even in the season of fruits 43

VI CONTENTS.

PAGE

Plan of tlie siege of York Town 44

Earl Comwallis's measures of defence 44

Position and strength of the allied forces, and their process of operations 45

Lord Cornwallis's courageous and protracted defence ; is disappointed of

promised reinforcements from New York 45

Lord Cornwall is capitulates to superior forces 45

Conditions of capitulation 46

Circumstances ot the Loyalists 46

Groundless boastings of American orators and writers over the surrender of

Lord Cornwallis, commanding but a small part of the British forces 47

The unrivalled skill and courage of Washington undoubted, as well as the bravery and endurance of his soldiers ; but the success of the siege of York Town chiefly owing to the French, but for whose ships, artillery and land forces. Lord Cornwallis Avould have been the conqueror, rather than con- quered, in this famous siege and battle 47

The resources of England ; the peace party opposed to the continuance of the

American War irrespective of the Battle of York Town 48

The war party and corrupt administration at length defeated in the House of

Commons, after repeated and protracted debates and various intrigues . . 50 Change of Government, and end of Lord North's twelve years' administration 51 Seven years' war and bloodshed, and an unnatural alliance would have been prevented, liberty secured, and the united life of the Anglo-Saxon race saved, had Congress, in 1776, adhered to its previous professions (in a note) 52

CHAPTER XXXI.

Change of administration in England ; change of policy for both England and the Colonies ; peace negotiations at Paris ; cause OF the United Empire Loyalists ; change of ministry ; the King compelled to yield 53-65

Names of the new Ministers ; death of the Marquis of Rockingham, the Premier, succeeded by the Earl of Shelburne, in consequence of which several Ministers resign, and are succeeded by others, among whom was Pitt, as Chancellor of the Exchequer (in a note) ko

Correspondence between Dr. Franklin, at Paris, and the Earl of Shelburne

which led to negotiations for peace k^

Parliament does not pass an Act to authorize peace with America until three

months after the accession of the new Ministry c^

Dr. Franklin proposes to include Caimda in the United States ka

English and American Commissioners meet at Paris and hold protracted nego- tiations, with many delays, in regard to terms of peace Kg

Two most difficult questions of the treaty— The fishing grounds of Newfound- land and the Loyalists

It was agreed that the Americans should have the right to take fish on the Banks of Newfoundland, but not to dry or cure them on any of the King's settled dominions _

Preamble and articles of the treaty (in a note) ' f.„

The most important question of the Loyalists .... ' f.'t

CONTENTS. Vll

PAGE

They constituted the majority of the population of the Colonies at the begin- ning of the contest 57

It was at length agreed that the Congress should recommend to the several States to compensate the Loyalists ; but Dr. Franklin anticipated no suc- cess from it, as of course he did not desire it 58

Dr. Franklin's counter-scheme to defeat the proposition of the English Com- missioners, who gave way 58

Dr. Ramsay on the Loyalists being " sacrificed " to their sufferings 59

Mr. Hildreth on the same subject 61

What was demanded for the Loj^alists had been sanctioned by all modern

civilized nations in like circumstances 61

How honourable to the United States to have imitated such examples 62

The fallacy of the plea or pretext that Congress had no power to grant an

amnesty and compensation to the Loyalists 62

Severe censure of the royal historian, Dr. Andrews, upon the English Com- missioners for having agreed to sacrifice the Loyalists (in a note) 62

" All jjarties in the Commons unanimously demand amnesty and indemnity

for the Loyalists." (Bancroft, in a note) 62

Dr. Franklin and his colleagues outwitted the English Commissioners not only

in regard to the Loyalists but also in regard to immense territories 6S

Deplorable condition of the Loyalists during the war ; utter abandonment by

the English Commissioners 64

CHAPTER XXXII.

Obigin of Republicanism and hatbed of Monakchy in America ; Thos, Paine, sketch of his life, character, and writings, and their

EFFECTS 66-71

CHAPTER XXXiri.

The hiring of Foreign soldiers and employment of Indians in the Civil War 72-84

The policy of the British Ministry in employing foreign soldiers and Indians

in the war with the Colonies deprecated by all classes in England and

America and throughout Europe 72^

Violent opposition in Parliament to the hiring of foreign troops ; exasperation

in the Colonies (in a note) 73

Unreliable and bad character of the Hessian mercenaries 74

Remarks upon the bad policy of employing them, and their bad conduct, by

the royal historian (in a note) 74

The employment of Indians still more condemned and denounced than the

hiring of foreign troops 74

Employment of Indians by both the French and English during the war of

1755-63, between France and England 75

At the close of the war the French authorities recommended the Indians to

cultivate the friendship of England 75

Both Congress and the English sought the alliance and co-operation of the

Indians ; misstatements of the Declaration of Independence on this b

Vlil CONTENTS.

PAGE subject (in a note) ; the advantages of the latter over the former in con- ciliating the Indians ' ^

The employment of the Indians in every respect disadvantageous to England . . 76

English Generals in America individually opposed to the employment of the

Indians in the military campaigns '6

Failure, if not defeat, of General Burgoyne's army by the bad conduct, and

desertion, of his Indian allies 76

But Washington and Congress, as well as the English Government, sanc- tioned the employment of the Indians in the war, and the first idea of thus employing them originated with the first promoters of revolution in Massachusetts 77

Omissions of American writers to state that the aggressions and retaliations of the Congress soldiers and their coadjutors far exceeded in severity and destruction the aggressions and retaliations of the Indians on the white inhabitants 77

Many letters and biographies of actors in the Revolution show that very much of what was written or reported during the Revolution against the Eng- lish Loyalists and Indians was fictitious or exaggerated 78

Proceedings of the Provincial Congress of Massachusetts (before the affairs of Concord and Lexington) to enlist and employ the Indians against the British 79

General Washington, under date of July 27th, 1776, recommends the employ- ment of Indians in the revolutionary cause 80

The Americans have no ground of boasting over the English in regard to the

employment of Indians and their acts during the war 81

Efforts of General Burgoyne to restrain the Indians, who were an incumbrance to his army, and whose conduct alienated great numbers of Loyalists from the British cause 82

The conduct and dread of the Indians roused great numbers to become recruits in General Gates' army, and thus rendered it far more numerous than the army of General Burgoyne (in a note) g3

American invasion and depredations in the Indian country the latter part of

1776, as stated by Dr. Ramsay g^

The invasion unprovoked, but professedly as a "precaution " to "prevent all future co-operation between the Indians and British in that quarter "

bordering in Virginia, North and South Carolina, and Georgia 84

Complete destruction of Indian settlements ; their country a desolation 84

CHAPTER XXXIV.

The Massacre of Wyoming ; four versions of it by accredited Ameri- can Historians, all differing from each other ; the facts inves- tigated AND FALSE STATEMENTS CORRECTED 85-9<?

The original inflated and imaginary accounts of the " Massacre of Wyominf^ " 85

Four versions of it by accredited historians

The account given by Dr. Ramsay

Remarks upon Dr. Ramsay's account ' _^

Description of Wyoming

Mr. Bancroft's account of the " Massacre " * „„

CONTENTS. IX

PAGE

Mr. Tucker's brief account of the " Massacre " 90

Mr. Hildreth's more intelligible and consistent account of the " Massacre ". . 90 Remarks on the discrepancies in four essential particulars of these four

accounts 94

Supplementary remarks, founded on Colonel Stone's refutation of the original fabulous statements of the "Massacre," in his '^ Life of Joseph Brant,

i')icluding the Border Wars of the American Revolution " 98

CHAPTER XXXV.

American retaliation for the alleged "Massacre of Wyoming," as naekated by american historians 99-122

Destruction of Indian villages and settlements for several miles on both sides

of the Susquehanna by the Americans 99

Attack in retaliation "by Indians and Tories" on Cherry Valley, but more

than revenged by Colonel G. Van Shaick on the settlements 99

The destruction of Indian villages and other settlements to the extent of " several miles on both sides of the Susquehanna," more than an equival- ent revenge for the destruction of Wyoming (in a note) 100

This only the beginning of vengeance upon the Indian settlements on the

part of the "Continentals ; " cruelties compared 100

General Sullivan's expedition, and destruction of the towns, settlements, crops,

and orchards of the Six Nations of Indians, as stated by Dr. Andrews. . . 100

The same expedition, as stated by Mr. Bancroft, Mr. Hildreth, Mr. Holmes,

and Dr. Ramsay 102

Further examples of "retaliation," so-called, inflicted upon the Indians and

their settlements (in a note) 106

The "Tories," driven among the Indians as their only refuge, treated as

traitors ; their conduct and duty 108

Colonel Stone's account in detail of General Sullivan's expedition of exter- mination against the Six Nations of Indians 108

Dr. Franklin's fictions on the massacre and scalping of the whites by Indians, in order to inflame the American mind against England ; his fictions recorded as history 115

Injustice done to the Indians in American accounts of them ; their conduct

compared with that of their white enemies 119

CHAPTER XXXVI.

Situation and treatment of the Loyalists during the War. . . .123-138

Summary of the condition and treatment of the Loyalists 123

The relation of both parties before the Declaration of Independence 123

How the Declaration of Independence changed the relations of parties both in

England and America ... 123

At the Declaration of Independence the adherents to England the largest part

of the population of the Colonies 124

Elements of their affectionate attachment to England 125

Their claims to have their rights and liberties respected . . , ; 125

X CONTENTS.

PAGE

Their position and character stated by Mr. Hildreth ; abused by mobs and

oppressed by new Acts and authorities 125

John Adams the prompter and adviser for hanging "Tories ;" bis letter to

the Governor of Massachusetts on the subject 127

First scene of severity against Loyalists at Boston ; new American maxim of

morals for not forgiving " Tories " 127

Treatment of Loyalists in New York, Philadelphia, Virginia, and other places 128

Kindness of the French officers and soldiers after the defeat of Lord Cornwallis 129

APPENDIX TO CHAPTER XXXVI.

State Legislative and Executive acts against the Loyalists 130

Rhode Island ; Connecticut 130

Massachusetts 131

New Hampshire ; Virginia ; New York 131

New Jersey ; Pennsylvania ; Delaware 132

Maryland ; North Carolina ; Georgia 132

South Carolina 134

Remarks on the Confiscation Acts and policy of the several States mentioned. 136

CHAPTER XXXVII.

Tkeatment of the Loyalists on their applications foe redress after THE Revolution 139-144

Impolicy of such persecuting proceedings on the part of the States, by an

American writer 141

APPENDIX "A" TO CHAPTER XXXVII.

Review of the principal characteristics of the American Revolution, and re- marks on the feelings which should now be cultivated by both of the former contending parties, by Mr. J. M. Ludlow 145

APPENDIX "B" TO CHAPTER XXXVII.

Reflections of Lord Mahon on the American contest ; apology for George III. ; unhappiness of Americans since the Revolution ; unity of the Anglo- Saxon Race 154

CHAPTER XXXVIII.

Treatment of the Loyalists by the British Government and Par- liament AFTER THE REVOLUTION , 159-182

PART FIRST.

Proceedings in Parliament ; refusal of the States to compensate the Loj^alists as proposed in the Treaty of Peace, and contrary to the example and prac- tice of civilized nations jgg

CONTENTS. XI

PAGE

In the House of Commons, Mr. "Wilberforce, Lord North, Lord Mulgrave, Secretary Townsend, Mr. Burke, Mr. Sheridan, Mr. Norton, Sir Peter Burrell, Sir William Bootle, and other members of Parliament, spoke on

the subject 160

In the House of Lords, Lords Walsingham, Townsend, Stormont, Sackville,

Loughborough and Shelburne, also advocated the claims of the Loyalists. 163 Grounds of the responsibility of Parliament to the Loyalists for compensation 164

Unpopular and unprecedented omissions in the terms of Peace 164

Fallacy of the argument of advocates of the Treaty 165

PART SECOND.

Agents in England of the Loyalists ; proceedings of the Parliamentary Com- mission ; results 166-182

CHAPTER XXXIX.

The Loyalists driven feom the United States to the British Pro- vinces 183-190

CHAPTER XL.

Brief sketches of some individual Loyalists in the British Pro- vinces; first settlers in Canada, and how they travelled hither 190-208

1. Samuel Anderson; 2. Rev. John Bethune ; 3. Doanes five brothers; 4. Stephen Jarvis ; 5. Wm. Jarvis ; 6. David Jones ; 7. Jonathan Jones 8. Captain Richard Lippincott ; 9. The McDonalds; 10. John McGill 11. Donald McGillis ; 12. Thomas Merritt ; 13. Beverley Robinson 14. Beverley Robinson, jun. ; 15. Christopher Robinson ; 16. Sir John Beverley Robinson ; 17. Sir Charles Frederick Pliillipse Robinson ; 18. Morris Robinson; 19. John Robinson; 20. Roger Morris; 21. Allen McNab ; 22. Luke Carscallian ; 23. John Diamond ; 24. Ephraim Tisdale; 25. Lemuel Wilmot

Dr. Canniff's account of the migration of the first Loyalists from Lower Can- ada, and settlement on the North Shore of the St. Lawrence, and in the country round and west of Kingston 204

CHAPTER XLI.

First settlement of Loyalists in the British Provinces especially OF Upper Canada, their adventures and hardships, as v^ritten

BY themselves OR THEIR DESCENDANTS 208-270

First settlement of the first company of Loyalists at the close of the Revo- lutionary War, in and near Kingston, Upper Canada, by the late Bishop Richardson, D.D 208

First settlement of Loyalists in Nova Scotia, by a gentleman of that Pro- vince 211

Xii CONTENTS.

PAGE

Colonel Joseph Robinson, his adventures and settlement, by the late Hon.

E. Hodgson, Chief Justice of Prince Edward Island 213

Robert Clark, his sufferings in the Revolutionary War, and settlement in

the Midland District, U. C; by his son, late Colonel John C. Clark 216

Captain William B. Hutchinson, his sufferings and settlement in Walsing-

ham, County of Norfolk, U. C. ; by his grandson, J. B. Hutchinson, Esq. , , 218

Patriotic feeling and early settlement of Prince Edward County and neighbor- ing Townships ; by Canniff Haight, Esq 219

Colonel Samuel Ryerse, his adventures, settlement, and character, in the County of Norfolk ; in letters by his son, the late Rev. George J. Ryerse; and in a memorandum, including a history of the early settlement of the County of Norfolk, and recollections of the war of 1812-1815; by Mrs. Amelia Harris, of Eldon House, London, U. C 226

Colonel Joseph Ryerson, his adventures, sufferings, and settlement in the

County of Norfolk, U. C. ; by an intimate friend of the family 257

Note. Colonel Samuel Ryerse and Colonel Joseph Ryerson were brothers, and both officers in the British army during the Revolutionary War ; but in the commission of the former, his name was spelled Ryerse ; and it being difficult at that time to correct such an error, he and his descendants have always spelt their name Ryerse, though the original name of the family, in the records of New Jersey, in Holland, and previously in the history of Denmark, is Ryerson

Interesting piece of local history ; by the Rev. Dr. Scadding 259

Loyalty and sufferings of the Hon. John Monroe ; by his son 261

Sufferings of the U. E. Loyalists during the Revolutionary War ; vindica- tion of their character including that of Butler's Rangers their priva- tions and settlement in Canada ; by the late Mrs. Elizabeth Bowman Sphon, of Ancaster, in the County of Wentworth, U.C., together with an introductory letter by the writer of this history 264

CHAPTER XLII.

Origin and Charactee of the Governments of British North America Nova Scotia 271-276

CHAPTER XLIII.

Nevt Brunswick . 277-280

CHAPTER XLIY. Prince Edward Island 280

CHAPTER XLV.

Government of Lower Canada 281-306

The famous Quebec Act, 14th Geo. III.; its provisions ; why and by whom op- posed ; opposed in the Lords and Commons, and in the Colonies ; sup- posed to have promoted the American Declaration of Independence 281

CONTENTS. Xlll

PAGE

Constitutional Act of 1791— Act 31st George III., chapter 31 285

Mr. Pitt explains the principal provisions of the Bill ; provided against the imposition of taxes in the colonies by the Imperial Parliament ; opposed by some members in the Commons ; rupture between Burke and Fox (in

a note) ; Pitt's defence of the Bill 285

The Bill becomes an Act ; separates Upper from Lower Canada ; constitutes a legislature for each province ; how the two branches of the legislature were constituted ; the representative form of government obtained by the

United Empire Loyalists 286

The Administration of the Government and Legislation in Lower Canada under

the new constitution 288

Lord Dorchester Governor-General ; first session of the Legislature ; Speakers of the two Houses ; a Speaker elected in the House of Assembly who could

speak both the French and English language 289

The Governor's first speech to the Legislature 290

The cordial and loyal response of the House of Assembly 290

Useful and harmonious legislation ; a noble example and illustration of loyalty

by the House of Assembly before the close of the session 292

The Governor's speech at the close of the session 294

Unjust statements against the French corrected (in a note) 294

Second session of the Legislature called by Lord Dorchester on his arrival from England ; his cordial reception ; beneficial legislation ; Canadians recoil

from the horrors of the French Revolution 295

French Republican agents endeavour to incite Canadians to revolt, and to ex- cite hostilities against England in the United States 297

Mutual cordiality between the Governor-General and the House of Assembly. . 297 Visit of the Duke of Kent to Lower Canada as Commander of the Forces ; his

wise and patriotic counsels ; beneficial influence of his visit and residence. 297 Lord Dorchester lays the public accounts before the Assembly; their contents; this proceeding highly satisfactory to the Assembly ; bills passed and as- sented to 298

Interval of quiet between the second and third Sessions of the Legislature ; Lord Dorchester's practical and noble speech at the opening of the third Session ; IMr. Christie's remarks upon it ; cordial answer of the House of Assembly, to whom the public accounts were transmitted, even more comprehensive and complete than those sent down the previous Session. . 299 Commissioners first appointed to adjust the revenues between Upper and

Lower Canada ; their courteous and fair proceedings on both sides 301

Gratifying close of the third Session 302

Auspicious opening, useful legislation, and happy conclusion of the fourth and

last Session of the first Parliament of Lower Canada 302

Termination of Lord Dorchester's thirty-six years connection with Canada ; review of his conduct and cliaracter by the historian Bancroft ; cordial

addresses to him, and his affectionate answers 303:

Meritorious conduct of the French Canadians 305

xiv CONTENTS.

CHAPTER XLVr.

Government of Upper Canada 307-315

PAGE

How governed and divided by Lord Dorchester before the Constitutional Act

of 1791 307

The Constitutional Act of 1791, 31 George III., chapter 31, and construction

of governments under it 307

General John Graves Simcoe the first Governor ; character of his government ; arrives at Kingston 8th July, 1792, where the members of the Executive Legislative Councils were sworn into office, and writs issued for the elec- tion of members of the House of Assembly 308

The seat of government first established at Newark, now Niagara, where a small frame liouse was built for the Governor, and in which also the first

Session of the Legislature was held 308

Number of members of the Legislative Council and House of Assembly present

at the opening of the Session ; their character 309

Number and character of the population of the country, including the Mohawk

Indians, headed by Joseph Brant 309

First Session of the first Parliament and its work 309

Remarkable speech of Governor Simcoe at the close of the Session, explanatory

of our constitution of govei-nment 310

Change of the seat of government and reasons for it 311

Governor Simcoe's work and policy ; removal to the West Indies, and aban- donment of his wise policy 311

Parliament meets at Niagara until 1797 ; its legislation ; Governor Simcoe's successor, the Hon. Peter Russell and General Hunter ; population of

Upper Canada in 1800 312

Legislation, progress, trade, custom-houses 313

Provision for one Grammar School Master in each of the eight districts 314

Emigration ; legislation ; experience of the country during sixteen years under

the new constitution 314

State of the country in 1809 314

Anticipated hostilities between Gi'eat Britain and the United States ; conclud- ing remarks on this period of Canadian history 315

CHAPTER XLVII.

War of the United States against Great Britain, from 1812 to 1815 316-317

Introductory and general remarks ; illustrations of true loyalty ; war strugo-les of England for human liberty when the United States joined the tyrant of Europe in war and invaded Canada ; comparative population of Canada and the United States ; Canada, almost unaided, successfully resists the eleven invasions of the United States against her ; phases of the war Against her

CONTENTS. XV

CHAPTER XLVIII.

Declaration of Wak by the United States against Britain, and pke- paeations for the invasion of canada 318-330

PAGE

The alleged and real causes of the war ; the Democratic party in the United States always hostile to England and her colonies, and sympathisers with every raid against Canada 318

Two alleged causes for the war by the United States ; Berlin decrees, and

answers to them by British Orders in Council results 319

Collusion between Napoleon and the President of the United States against England ; seduction and desertion of British sailors (nearly 10,000) be- sides soldiers ; the justice and acknowledged right of the British claims, and injustice and unreasonableness of the Madison Government's pro- ceedings 319

The event betweeen the war.-ships" Leopard and Chesapeake ; American mis- representations of it ; dishonest conduct of President Madison in respect to it ; noble and generous proposal of the British Government, disclaim- ing the conduct of the captain of the Leopard, and offering to compensate all parties for injuries done them by the Leopard 323

The "Henry Plot" affair ; conduct of President Madison iu respect to it ;

declaration of war by the United States 327

CHAPTER XLIX.

Declaration of War by the United States 331-336

Declaration of war, June 18, 1812 ; votes in the House of Representatives for

and against it 331

Character of the war party and its Generals 333

Opposition to the war, and reasons against it, by a State Convention of New

York 333

Address of the House cf Representatives of Massachusetts against the war 334

The Orders in Council, as administered, beneficial to American merchants. . . . 335

CHAPTER L.

Preparations made by the Canadians for their defence 337-351

War against the Canadas being contemplated in the United States 337

Preparations by Lower Canada ; Sir George Prevost succeeds Sir James Craig

as Governor-General ; his character and first speech to the Legislatiire . . 338 The loyal answer of the Assembly, and liberal provisions for the defence of the

Province 338

Organization of militia 339

American residents allowed twenty days to leave the Province 340

Second Session of the War Legislature, 16th July, 1812 ; the Governor's speech, relying upon the Province, and noble reply, and further various and liberal supplies and measures of the Legislative Assembly to meet the emergency 340

xvi CONTENTS.

PAGE

Preparations in Upper Canada for self-defence 341

General Brock calls a meeting of the Legislature, July 27, 1812 ; his stirring speech at the opening of the session ; hearty response and liberal supplies

of the House of Assembly 342

Patriotic address of the Assembly to the people of Upper Canada, and remarks

upon it 342

CHAPTER LI.

First Invasion of Upper Canada, in the Western District, by Gen- eral Hull, and his Proclamation to the Inhabitants of Upper Canada, given entire in a note 346-351

General Brock's manly and overwhelming reply to General Hull's proclamation,

in an address to the people of Canada 349

CHAPTER LII.

General Brock takes Detroit, General Hull's Army, the Territory OF Michigan, and Immense Military Stores 352-364

Incidents of this Great Achievement.

1. Smallness of General Brock's army, and the manner in which he collected it 3£3 Preparations at Windsor for the attack upon Detroit before General Brock's

arrival there 353

Crossing the river, and the surrender of Fort Detroit, &c 354

2. General Brock's council with the Indians at Sandwich before crossing the

river at Detroit ; his conversation with the great chief Tecumseh ; and after the taking of Detroit, takes off his sash and places it around Te- cumseh, who next day placed it around the Wyandot chief. Round Head ;

reasons for it given to General Brock 355

General Brock's estimate of Tecumseh, and the latter's watching and opinion

on the conduct of the former '. 356

Particulars of Tecumseh's personal history and death (in a note) 357

Surprise and taking of Michillimackinack, and other defeats, discouraging to

General Hull, before his surrender of Detroit 358

Particulars of the surrender 361

General Brock's proclamation to the people of Michigan 3g2

Kemarks on the difference in sentiment and style between this proclamation to the inhabitants of Michigan and that of General Hull to the inhabitants

of Canada 3g3

General Brock's return to York ; having in 19 days settled public legislative business, raised a little armj% taken a territory nearly as large as Upper Canada, and an army three times as numerous as his own 354

CONTENTS. XVU

CHAPTER Llir.

Second Invasion of Upper Canada at Queenston 365-371

PAGE

Crossing of the river from Lewiston to Queenston of 1,500 regular troops, who, by a private path, gain Queenston Heights ; death of General Brock ; the invaders dislodged from the Heights and driven down the banks of the river ; American militia refuse to cross the river ; American soldiers sur- render to General Sheaffe to the number of 900 men, besides officers, in- cluding General Wadsworth and Colonel Winfield Scott 365

Armistice 368

Incidents on the Niagara frontier after the death of General Brock, by Lieu- tenant DriscoU, of the 100th Regiment 368

CHAPTER LIV.

Third American Invasion of Canada 372-379

A large American army assembled ; confidence of its success 372

No reinforcements from England ; but the sacrifice and zeal of the Canadians for the defence of their country against this third and most formidable in- vasion of the year 373

The Commander-in-Chief 's (General Smyth) address to his army, given entire

in a note 373

Its effect to bring 2,000 volunteers from the State of Pennsylvania 374

The troops embark ; General Smyth does not appear ; failure of the attempted invasion ; General Smyth's flight from his own soldiers, who shoot off

their guns in disgust and indignation 375

Three armies, altogether of 10,000 men, defeated by less than 1,000 Canadian

volunteers and soldiers 378

CHAPTER LV.

An Invading Army of 10,000 men, under General Dearborn, Defeated BY Colonel De Salaberry, with 300 Canadians, at Chateauguay; Description of the Battle 380-382

The Canadian militia put in readiness to repel a second apprehended invasion, but General Dearborn does not venture it, and retires with his hosts into

winter quarters 381

The Canadian militia allowed to retire for the winter 382

The armistice between Generals Sheaffe and Smyth injurious to Upper Canada

(in a note) 382

CHAPTER LVI. Campaigns of 1813 383-425

Americans determined to conquer Canada this year 383

Disadvantage of the Governor-General of Canada from the fewness of his troops,

regulars and militia, compared with those of the invading armies 383

xviii CONTENTS.

PAGE

Three American invading armies— one consisting of 18,000 men, the second of

7,000 men, and the third of 8,000 men 384

General Proctor's slender force at Detroit

Battle of Frenchtown ; victory of Colonel Proctor ; American misrepresenta- tions respecting it corrected ^°^

Colonel Proctor promoted to be General 388

Several American plundering raids on Brockville and neighbourhood ; retalia- tory raid of the British on Ogdensburg ; town ordnance, arms, &c., taken, and vessels destroyed 388

Canadian preparations in the winter of 1813 for the season's campaign ; U. E. Loyalist regiment comes from Fredericton, New Brunswick, to Quebec, on snow shoes 390

The American plan of campaign to invade and take Canada in 1813 390

The American fleet on Lake Ontario superior to the British fleet ; attack upon York with 1,700 men, commanded by Generals Dearborn and Pike ; battle, explosion of a magazine; many of both armies killed; Canadians defeated and York taken 391

Americans evacuate York and return to Sackett's Harbour, after having

destroyed public buildings, and taken much booty 393

Americans attack Fort George, Newark (Niagara), by land and water, and after a hard fight take the town and fort, the British retiring to Queens- ton 393

General Vincent, having destroyed the fortifications on the frontier, retreats to Burlington Heights, pursued by Generals Chandler and Winder, with an army of 3,500 infantry and 300 cavalry 394

Colonel Harvey, with 700 men, surprises the whole American army at Stoney

Creek, captures their two generals and 150 men, &c 395

American army retreats in great disorder towards Fort George 396

The afi"air at the Beaver Dams; the capture of 700 American soldiers, with their officers, by a small party of soldiers and Indians the captured prisoners being five to one of their captors 397

The American army confined to Fort George and its neighbourhood 397

A small party of the British retaliate the marauding game of the Americans by

crossing the river at Chippewa, attacking and dismantling Fort Schlosser

and bringing off military stores ; and seven days afterwards, 11th July,

crossing from Fort Erie to Black Eock, and burning the enemy's block-

houses, stores, barracks, dockyards, &c 397

The two armies almost within gunshot of each other at Fort George ; but the Americans could not be drawn out to a battle, though their numbers were two to one to the British 398

General Harrison prepares to prosecute the war for recovering the Territories of Michigan ; General Proctor raises the siege of Lower Sandusky, and re- tires to Amherstburg 399

Unsuccessful expedition of Governor-General Prevost and Sir James L. Yeo against Sackett's Harbour ; Sir George Prevost orders the withdrawment of the troops, at the very crisis of victory, to the great disappointment and dissatisfaction of his oflicers and men 300

CONTENTS. XIX

Occurrences on Lake Ontario.

PAGE

Second unsuccessful attempt of Commodore Sir James Yeo on Sackett's

Harbour 401

Commodore Chauncey's expedition to the head of the lake to take Burlington Heights is deferred by the preparations of Colonels Harvey and Battersby to receive him 402

Commodore Chauncej' makes a second raid upon York (Toronto), plunders,

burns, and departs ; singular coincidence 402

The British fleet, sailing from Kingston the last day of July, with supplies for the army at the head of the lake, encounters the American fleet at Ni- agara, and after two days' manceuvring, a partial engagement ensues, in which the British capture two small vessels the Julia and Growler .... 402

A graphic account of the naval manoeuviing and battle by the American his- torian of the war, Breckenridge (in a note) 402

Encounters and tactics of the British and American fleets on Lake Ontario for

the rest of the season 404

Ocf'TJKRENCES ON LaKE ErIE AND IN THE WeST.

Fleet fitting out by Commodoi'e Perry at Presq^u' Isle (Erie) blockaded by Commodore Barclay, who, neglecting his duty and absenting himself from Presqu' Isle, allowed the American fleet to get over the bar at the mouth of the harbour, and getting into t-he lake with their cannon reshipped and completely equipped 405

Commodoi'e Barclay, the enemy too well manned and too powerful for him, sails for Amherstburg ; is pursued by Commodore Perry and compelled to fight, in which he lost his fleet, though he fought bravely 406

In consequence of the loss of the fleet on Lake Erie, the British army in pos- session of the territory of Michigan, left without resources, evacuate the territory and Fort Detroit, before an American army of 7,000 men and 1, 000 dragoons, under General Harrison 407

General Proctor retreats up the Thames ; is pursued by General Harrison, with a force of 3,000 men, including 1,000 Kentucky dragoons, and overtaken near Moravian Town, where a battle ensues, in which General Proctor is defeated with heavy loss the Indians remaining loyal, fighting longest, sufi"ering most, with the loss of their chief, Tecumseh 408

Shameful burning of Moravian Town by the Americans 410

Americans accept Indian alliance ; Americans intoxicated by these successes,

but driven from every inch of Canadian territory before the end of the year. 410

American Invasion of Lower Canada.

Defeat of an American advance invading division, and capture of two vessels, the Grotoler and Eagle, of eleven guns each, at the Isle-aux-Noix, by 108 men, under the command of Lieut.-Col. George Taylor 411

Attacks upon and capture and destruction of the American war materials, hos- pitals, barracks, &c., at Plattsburg, under Colonel Murray (General Moore retreating with 1,500 men), at Burlington (where was encamped General Hampton with 4,000 men), capturing and destroying four vessels, and

XX CONTENTS.

PAGE afterwards at the towns of Champlain and S wanton, destroying the block- houses and barracks ^'■^

These successes but preliminary to the Canadian victories of Chateauguay, and

Chrysler's Farm ^13

BATTLE OF CHATEAUGUAY.

General Hampton, with 5,000 men, defeated by the skill and courage of Colonel De Salaberry with 300 Canadians ; the battle described, and the close of it witnessed, by the Governor-General Prevost and Major-General DeWatteville 413

General Hampton with his demoralized army retires into winter quarters at

Plattsburg 417

Next expedition against Montreal by the St. Lawrence, under command of General Wilkinson, with a force of 10,000 men; the American soldiers promised grand winter quarters at Montreal 417

American army descends tlie St. LaAvrence from near Kingston in 300 boats ; is followed by a detachment of the British from Kingston, under the com- mand of Lieutenant-Colonel Morrison, wlio overtakes and skirmishes with divisions of the American army on the way ; at the American post, at the town of Hamilton, takes a considerable quantity of provisions and stores, and two pieces of ordnance 418

Battle of Chrysler's Farm.

American force engaged between 3,000 and 4,000 men ; the British forces were about 800 rank and file ; preliminaries and description of the battle, said to be the most squarely and scientifically fought battle of the war 419

Losses ; General Wilkinson's testimony as to the loyalty and courage of the

Canadians 420

General Wilkinson proceeds down the St. Lawrence with his flotilla ; disap- pointment and mortification at General Hampton's disobedience and failure to meet him at St. Regis ; crosses the St. Lawrence and retires into winter quarters at Salmon River 420

The campaign of the season terminated in Lower Canada ; the Canadian

militia dismissed to their homes with thanks and applause 421

British Victories in Upper Canada.

In December, 1813, Lieutenant-General Drummond supersedes Major-General DeRottenburgh in command of Upper Canada, and proceeds to York and the head of the Lake at Burlington Heights ; despatches Colonel Murray to arrest the predatory incursions of General McClure in the neighbour- hood of Fort George, of which he was then in possession 400

McClure's plundering the inhabitants ; his barbarous act in burniuo- the town

of Newark (Niagara), and flight to the American side of the river . . . 403

The British, under command of Colonel Murray, take Fort Niagara, the whole

garrison, and much warlike supplies ,„„

Lewiston, Manchester, Black Rock and Buflalo destroyed in retaliation for the burning of Newark (Niagara), and exposure of 400 women and chil- dren, by McClure

CONTENTS. XXI

PAGE

Proclamation issued by General Drummond, deprecating this savage mode of warfare, and declaring his purpose not to pursue it, unless compelled by the measures of the American Government 425

CHAPTER LVII.

Movements and Campaigns in 1814 The third and last year of the WAR 426-434

Two years' expensive failures of American invasions against Canada ; prepa- rations on both sides for tlie third year's campaigns 426

Volunteers, soldiers and sailors, march through the woods from New Brunswick

to Canada 426

Expression of Royal satisfaction and admiration of the loyalty and courage of the Canadians during the war, making special mention of the aifair of Chateauguay and Colonel De Salaberry 427

First American invasion of Lower Canada in 1814 ; the American soldiers, crossing Lake Champlain on the ice, attack LeColle Mill (Block-house), and are driven back by a small but heroic force of Canadians 427

General Wilkinson returns with his army to Plattsburg ; and, disappointed

and mortified at his failures, retires from the array 428

Prairie du Chien, on the Mississippi, taken by the British, and Fort Michil- limackiuack triumphantly defended against a large American force ; and Sir John C. Slierbrook, Lieutenant-Governor of Nova Scotia, reduces an extensive portion of American territorj' adjoining New Brunswick, and adds it to that Province 428

Peace in Europe ; reinforcements of 16,000 veteran soldiers from England to

Canada 430

Sir George Prevost's abortive expedition against Plattsburg censured ; recalled

to England to be tried by court-martial ; dies a week before the day of trial 330

The estimate of Mr. Christie, the Canadian historian, of the character and

policy of Sir George Prevost 431

Opening of the campaign in Upper Canada ; expedition from Kingston against Oswego, which is dismantled, its fortifications destroyed, military stores, &c. , seized 432

British fleet, supreme on Lake Ontario, blockades Sackett's Harbour ; inter- cepts supplies being sent from Oswego to Sackett's Harbour, but is unsuc- cessful in pursuing American supply boats up the Sandy Creek ; the pur- suers taken prisoners and well treated by the Americans 438

CHAPTER LVIIT.

Last Invasions and last Battles of the v^^ar 435-460

Americans, in two divisions, under command of Brigadier-Generals Scott and Ripley, cross the river and land on the Canadian side above and below Fort Erie, which is commanded by Major Buck, and surrendered without firing a shot, to the great loss of the Bi'itish, and to the great advantage of the Americans 435

General Brown, with a force of over 4,000 troops, advances down the river from Fort Erie, with a view of taking Chippewa ; is encountered by

xxii CONTENTS.

PAGE General Riall, who is compelled to retire to the rear of his works at Chippewa ; heroism of the Lincoln Militia ^^'^

General Riall retires to Fort George, pursued by General Brown ; pillage of

the American soldiers and officers in the neighbourhood of Fort George . . 437

Both armies reinforced ; General Brown in difficulties ; retreats towards Chip- pewa ; is pursued by General Riall ; burns the village of St. David's ; makes a stand at Lundy's Lane— called Bridgewater by the Americans , 437

Battle of Lundy's Lane ; preliminaries to it 438

The battle itself ; protracted and bloody struggle ; Americans retreat to be- yond Chippewa 439

Forces engaged ; losses on both sides ; victory absurdly claimed on the Ameri- can side 441

American army retreats to Fort Erie, pursued by General Drummond, who

invests the fort ... 443

Storming the fort ; terrible conilict ; on the point of victory a magazine blown up, destroying all the British soldiers who had entered the fort including Colonels Drummond and Scott compelling the retirement of the assail- ant.s ; British losses severe 444

The enemy shut up for a month in the fort by the British investment 445

At the expiration of a month the enemy makes a sortie, inth his whole force ; surprises and destroys the batteries ; a bloody conilict ; the enemy com- pelled to return to the fort with a loss of 600 men 445

Incessant rains prevent General Drummond repairing his batteries ; he raises tlie siege and tries in vain to bring General Brown to a general engage- ment, but he evades it and evacuates Fort Erie 446

Thus terminates the last American invasion of Canada, without acquiring

possession of an inch of Canadian territory 446

Summary review of Canadian loyalty, and the causes, characteristics, and the results of the war, in an address delivered at Queenston Heights, near Brock's Monument, by the author, at the anniversary of the Battle of Lundy's Lane, July, 1875 447

CHAPTER LIX.

Miscellaneous Documents and Papers extracted from United Empire LoYALLST Manuscripts in the Dominion Library at Ottawa . . 461-464

Character of the Canadian Militia 462

American invasions of Canada and their military forces 4g2

Notice of Colonel John Clarke and his manuscript contributions 462

The treatment of Canadians by the American invaders 4^0

The Royal Patriotic Society of Upper Canada and its doings in raising and

disti-ibuting upwards of £20,000 to relieve Canadian sufferers by the war 466

CHAPl'ER LX.

State of Canada after the Close of the War ; Conclusion 459

THE

LOYALISTS OF AMERICA

AND

THEIR TIMES,

FROM 1620 TO 1816.

CHAPTER XXVII.

The War of the American Revolution after the Declaration of Independence The Alliance between the Congress and King of France The Alliance not Productive of the Effects Anticipated Efforts of the British Government for Recon- ciliation WITH THE Colonies not Successful.

It was supposed, both in America and France, that when the alliance between the King of France and Congress, referred to in the last chapter of the previous volume, became known in England, though it was not publicly avowed until February, 1778, England would be weakened and discouraged from further warlike effort, and immediately offer terms of peace, upon the ground of American independence ; but the reverse was the case.

The alliance between Congress and the King of France was kept in abeyance by the latter during more than a twelve- month after it was applied for by the agents of Congress, until after the defeat and capture of General Burgoyne and the refusal of Congress to confer with Lord and General Howe, as British Commissioners, without the previous acknowledgment by the Commissioners of the independence of the United States.*

* " While the American Commissioners were urging the Ministers of the King of France to accept the treaty proposed by Congress, they received vol. II. 1

2 THE LOYALISTS OF AMERICA [CHAP. XXVII.

Lord Admiral Howe, having spent some months with his fleet at Halifax, did not arrive at Sandy Hook nntil the 12th of July, eight days after the Declaration of Independence. " Besides the troops. Lord Howe had brought with him a document which it was hoped might render them unnecessary the Royal warrant appointing himself and General Howe Commissioners under the Act of Parliament for the pacification of America. No douht the selection of such men was most wisely made. The memory of their elder brother, who had fallen gloriously in the wars against the French in Canada, was endeared to the colonists, who had fought by his side. Both Lord Howe and the General, but Lord Howe especially, had ever since cultivated a friendly intercourse with Americans, and now entertained a most earnest wish to conclude the strife against them. But judicious as was the choice of the Com- missioners, the restricted terms of the Commission were certainly in the highest degree impolitic. Lord Howe had laboured, but vainly, to obtain its enlargement ; it amounted, in fact, to little

assurances of the good wishes of the Court of France ; but were from time to time informed tliat the important transactions required further consideration, and were enjoined to observe the most profound secrecy. Matters remained in this fluctuating state from December, 1776, till December, 1777. Private encouragement and public discountenance were alternated ; but both varied according to the complexion of news from America. The defeat on Long Island, the reduction of New York, and the train of disastrous events in 1776, which have already been mentioned, sunk the credit of the Americans very low, and abated much of tlie national ardour for their support. Tlieir subsL'fjuent successes at Trenton and Princeton effaced these impressions, and rekindled active zeal in their behalf. The capture of Burgoyne (October, 1777) fixed these wavering politics. The successes of the American cam- paign of 1777 placed them on high ground. Their enmity proved itself formidable to Britain, and their friendship became desirable to France. It was therefore determined to take tliem by the hand and publiclv espouse their cause. The Commissioners of Congress, on the 16th of December 1777 were informed by M. Gerard, one of the Secretaries of the King's Council of State, ' that it was decided to acknowledge the independence of the United States, and to make a treaty with them ; that in the treaty no advantaf^e would be taken of their situation to obtain terms which otherwise it would not be convenient for them to agree to ; that his Most Christian Majesty desired the treaty, once made, shouhl be durable, and their amity to subsist for ever, which could not be expected if each nation did not find' an interest in its continuance as well as in its commencement.'" (Dr. Ramsav's Historv of the United States, Vol. II., Chap, xv., pp. 246, 247.)

CHAP. XXVII.] AND THEIR TIMES. 3

more than the power, first, of receiving submissions, and then, but not till then, of granting pardons and inquiring into grievances.* Yet, still, since these terms had not been divulged, and were much magnified by common rumour, the name of the Commission was not ill adapted for popular effect. Had Lord Howe arrived with it a few weeks before, as he might and should have done, we are assured by American writers that an impression might have been produced by it, in some at least of the thirteen colonies, to an extent which they ' cannot calculate,' or rather, perhaps, which they do not like to own. But these few months had been decisive in another direction. During these months both the feeling and the position of the insurgents had most materially changed. "-f

" The two Royal Commissioners," says Dr. Ramsay, " Admiral and General Howe, thought proper, before they commenced their

*"MS. Instructions, May, 6th, 1776, State Paper Otfice. It is therein required as a preliminary condition, before any province shall be declared in the King's peace, that its Convention, or Committee, or Association ' which have usurped powers,' shall be dissolved."

t Lord Mahon's History of England, Vol. VI., Chajx liii., pp. 137, 138.

Lord Mahon adds : " At the beginning of the troubles, as I have already shown, and for a long time afterwards, the vast majority of the Americana had no wish nor thought of separation from the mother country. Their object was substantially, and with some new safeguards for their riglits, to revert to the same state in which they had been before the Administration of George Grenville. But the further the conflict proceeded, the less and less easy of attainment did that object seem. How hard, after what had passed, to restore harmonious action between the powers now at strife, for the people to trust the Governors appointed by the King, and for the King to trust the Assembly elected by the people. Even where the actual wrong might have departed, it would still leave its fatal legacy, rancour and suspicion, behind. Under the influence of these feelings a great number of persons in all the colonies were gradually turning their minds to the idea of final separation from the parent State. Still, in all these colonies, except only in New England, there were many lingering regrets, many deep-rooted doubts and misgivings. John Adams writes as follows : ' My dear friend Gates, all our misfortunes arise from a single source the reluctance of the Southern colonies to republican government ' (March, 1776, American Archives, Vol. V., p. 472). Here are the words of another popular leader : ' Notwithstanding the Act of Parliament for seizing our property, there is a strange reluctance in the minds of many to cut the knot which ties us to Great Britain'" (Letter of Reed to Washington, March 3rd, 1776).— 16., pp. 139, 140.

4 THE LOYALISTS OF AMERICA [CHAP. XXVII.

military operations, to try what might be done in their civil capacity towards effecting a reunion between Great Britain and the colonies. It was one of the first acts Lord Howe to send on shore a circular letter to several of the Royal Governors in America, informing them of the late Act of Parliament ' for restoring peace to the colonies, and granting pardon to such as should deserve mercy,' and desiring them to publish a declara- tion which accompanied the same. In this, he informed the colonists of the power with which his brother and he were en- trusted ' of granting general or particular pardons to all those who, though they had deviated from their allegiance, were willing to return to their duty : ' and of declaring 'any colony, province, county or town, port, district or place, to he in the peace of his Majesty.' Congress, impressed with the belief that the proposals of the Commissioners, instead of disuniting the people, would have a contrary effect, ordered them to be speedily published in the several American newspapers. Had a redress of grievances been at this late hour offered, though the honour of the States was involved in supporting their late Declaration of Independence, yet the love of peace, and the bias of great numbers to their parent State, would, in all proba- bility, have made a powerful party for rescinding the Act of Separation, and for re-uniting with Great Britain ; but when it appeared that the power of the Royal Commissioners was little more than to grant pardons. Congress appealed to the good sense of the people for the necessity of adhering to the Act of Inde- pendence."*

It was a diplomatic blunder and an unwise policy for the English Commissioners to make known to the public the re- stricted authority of their commission, instead of simply stating in general terms their commission under the authority of the Act of Parliament " for restoring peace to the colonies " On such grounds and for such an object the Congress could have offered no justifiable excuse for refusing a conference with the Royal Commissioners ; and when, in the course of the discussion it should have been found that the Commissioners could not agree with, and did not feel themselves authorized to accede to

* Dr. Ramsay's History of the United States, Vol. II Chao xJ 121, 122. '' ^' ' PP-

CHAP, XXVII.] AND THEIR TIMES. 5

all the demands of the agents of Congress, the Royal Com- missioners (both of whom were known to be friends of the colonies, and opposed to the high-handed measures of the Par- liament) could have noted the points of difference, and agreed to recommend the demands made upon them to the most favourable consideration of the King's Government : at all events, friendly intercourse and negotiations would have been opened which would have been probably followed by a suspen- sion of hostilities, if not complete reconciliation. But this was what Congress, led by John Adams and Dr. Franklin bitter enemies to reconciliation dreaded; and they very shrewdly saw and improved the imprudent exposure of the Royal Commis- sioners, by directing the publication of their circular letter and declaration in all the provincial newspapers, " that the good people of the United States may be informed of what nature are the Commissioners, and what the terms, with expectation of which the insidious Court of Great Britain had endeavoured to amuse and disarm them ; and that the few who still remain suspended by a hope, founded either on the justice or modera- tion of their late King, might now at length be convinced that the valour alone of their country is to save its liberties."

Thus all conference with the Royal Commissioners was refused on the part of the leaders in Congress ; war and blood- shed followed, and a year of disastrous defeats to the Revolu- tionists ; but the position of the Loyalists may be inferred from the resolution of the New York Revolutionary Convention, adopted a few days after the Declaration of Independence, and before the actual commencement of hostilities, and which was as follows : " That all persons residing within the State of New York, and claiming protection from its laws, owed it allegiance ; and that any person owing it allegiance, and levying war against the State, or being an adherent to the King of Great Britain, should be deemed guilty of treason and suffer death." The Convention also resolved : " That as the inhabitants of King's County had determined not to oppose the enemy, a Com- mittee should be appointed to inquire into the authenticity of these reports, and to disarm and secure the disaffected, to remove or destroy the stock of grain, and, if necessary, to lay the tvhole country waste." Such treatment of adherents to the unity of the empire, and of even neutrals, at the very com-

6 THE LOYALISTS OF AMERICA [CHAP. XXVII.

mencement of the war, goes far to account for the warfare of extermination in many places between the two parties in sub- sequent years. This mode of warfare was first instituted against the Loyalists, who acted on the defensive, and who have been loudly complained of by American historians for having afterwards, and on some occasions cruelly retaliated upon those who had driven them to desperation.

A little more than eighteen months after the Declaration of Independence, 17th of February, 1778, three Bills were intro- duced into and passed by the British Parliament, which entirely removed all the grounds of complaint made by the colonists 'in previous years, and provided for the appointment of Commis- fiioners to settle all differences between the colonies and the mother country. The first of these Bills was entitled, " For removing Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain in any of the Colonies." It expressly repealed by name the tea duty in America, and declared : " That from and after the passing of this Act the King and Parliament of Great Britain will not impose any duty, tax, or assessment whatever in any of his Majesty's (American) colonies, except only such duties as it may be expedient to impose for the regulation of commerce ; the net produce of such duties to be always paid and applied to and for the use of the colony in which the same shall be levied." " Thus," says Lord Mahon, " was the claim of parliamentary taxation fully, at last, renounced."

The second Bill was "To enable his Majesty to appoint Commissioners with sufficient power to treat, consult, and ao-ree upon the means of quieting the disorders now subsistino- in certain of the colonies, plantations, and provinces of North America." The Commissioners were to be five in number, and were invested with extensive powers ; they were to raise no diffi- culties as to the rank or title of the leaders on either side, but were left at liberty to treat, consult, and agree with any body or bodies politic, or any person or persons M'hatsoever ; they might proclaim a cessation of hostilities on the part of the King's forces by sea or land, for any time, or under any con- ditions or restrictions ; they might suspend any Act of Parlia- ment relating to America passed since the 10th of February 1763. In short, it was intimated that the Commissioners mio-ht

CHAP. XXVII.] AND THEIR TIMES. 7

accept almost any terms of reconciliation short of independence, and subject to be confirmed by a vote of Parliament.

Lord North introduced his Bills in an able and eloquent speech of two hours, in which he reviewed his own career and the several questions of dispute with the colonies.*

But though taunted from all sides, his Bills passed speedily through both Houses of Parliament. Lord Mahon remarks : " In spite of such taunts and far from friendly feelings on all sides, the Conciliatory Bills, as they have been termed, were not in reality opposed from any quarter. There was only one division on a clause moved by Mr. Powys, to repeal expressly by name the Massachusetts Charter Act. Lord North induced a large majority to vote against that clause, but agreed that the object in view should be attained by a separate measure. A Bill for that purpose was therefore introduced by Mr. Powys, and passed through Parliament concurrently with the other two. In the House of Lords the same arguments were, with little change, renewed. Lord Shelburne took occasion to declare his

* " The impression on the House that night, while Lord North was speaking, and after he sat down, is well described by the pen ot a contemporary no other, in all probability, than Burke : ' A dull, melancholy silence for some time succeeded to this speech. It had been heard with profound attention, but without a single mark of approbation to any part, from any description of men, or any particular man in the House. Astonishment, dejection, and fear ov^erclouded the whole assembly. Although the Minister had declared that the sentiments he expressed that day had been those which he always entertained, it is certain that few or none had understood him in that manner; and he had been represented to the nation at large as the person in it the most tenacious of those parliamentary rights which he now proposed to resign, and the most remote from the submissions which he now proposed to make,'

" It may be said, indeed, that there was not a single class or section within the walls of Parliament to which the plan of Lord North gave pleasure. The Ministerial party were confounded and abashed at finding themselves thus requested to acknowledge their j^ast errors and retrace their former steps. Some among them called out that they had been deceived and be- trayed. In general, however, the majority acquiesced in sullen silence. On the other part, the Opposition were by no means gratified to see the wind, according to the common phrase, taken from their sails. They could not, indeed, offer any resistance to proposals so consonant to their own expressed opinions, but they took care to make their support as disagreeable and damaging as possible." (Lord Mahon's History of England, etc., Yol, VI., Chap. Ivii., jjp. 327— 329.)

8 THE LOYALISTS OF AMERICA [CHAP. XXVII.

full concurrence in the sentiments of Lord Chatham, expressing ' the strongest disapprobation of every idea tending to admit the independence of America,' although acknowledging that future circumstances might create a necessity for such a sub- mission. Lord Chatham himself was ill with gout at Hayes, and did not appear. There was no division ; and on the 1 1th of March (1778), the King, seated on his throne, gave to all three measures the royal assent.*

Lord North and other members of his Administration were convinced that the American problem could not be solved by their own pai-ty ; that such a work could be accomplished by the Earl of Chatham alone, as he had a few years before, by his skill and energy, when the affairs of America were in a desperate state after five years' unsuccessful war with France, dispossessed France, in the short space of two years, of every inch of American territory. The Duke of Richmond advocated immediate sur- render of independence to the Americans, and peace with them, in order to avoid a war with France ; he doubted the possibility of even Lord Chatham being able to effect a reconciliation between the American colonies and Great Britain. Three- fourths of a century afterwards. Lord Macaulay expressed the .same opinion ; but Lord Mahon, in his History, has expressed a contrary opinion, and given his reasons in the following words, well worthy of being carefully read and pondered :

" In the first place, let it be remembered with what great and what singular advantages Lord Chatham would have set his hand to the work. He had from the outset most ably and most warmly supported the claims of the colonists. Some of his eloquent sentences had become watchwords in their mouths.

* History of England, etc., Vol. VI., Chap. Ivii., pp. 329, 330.

Lord Mahon adds : " Only two days previously, Lord North, who had opened his Budget on the 6th, had carried through his financial resolutions in the House of Commons, involving a new loan of £6,000,000, which was contracted on advantageous terms. Thus were funds provided to pursue the war, should that be requisite. Thus was an opening made for negotiations should they be practicable. In either case the path was cleared for a new Administration. Here then was the moment which Lord North had for some time past desired the moment when, with most honour to himself and with most advantage to his country, he could fulfil his intentions of resi<jn- ing." (Lord Mahon's History of England, Vol. VI., Chap. Ivii pp 330, 331.) ' ^^'

CHAP. XXVII,] AND THEIR TIMES. 9

His statue had been erected in their streets ; his portrait was hanging in their Council Chambers, For his great name they felt a love and reverence higher as yet than for any one of their own chiefs and leaders, not even at that early period excepting Washington himself. Thus, if even it could be said that overtures of reconciliation had failed in every other British hand, it would afford no proof that in Chatham's they might not have thriven and borne fruit.

" But what at the same period was the position of Congress ? Had that assembly shown of late an enlightened zeal for the public interests, and did it then stand high in the confidence and affection of its countrymen ? Far otherwise. The factions and divisions prevailing at their town of York (in Virginia, where they removed from Baltimore), the vindictive rigour to politi- cal opponents, the neglect of Washington's army, and the cabals against Washington's powers, combined to create disgust, with other less avoidable causes, as the growing depreciation of the paper-money, the ruinous loss of trade, and the augmented burdens of the war. Is the truth of this picture denied ? Hear then, as witnesses, the members of Congress themselves. We find in this very month of March (1778), one of them write to another on the necessity of joint exertions to "revive the expiring reputation of Congress." (Letter from William Duer, of New York, to Robert Morris, dated March 6th, 1778, and printed in the Life of Reed, Vol. I., p. 365.) We find another lamenting that ' even good Whigs begin to think peace, at some expense, desirable.' (General Reed to President Wharton, February 1, 1778.)

" When such was the feeling in America, both as regarded Lord Chatham and as regarded the Congress, it would not certainly follow that any overture from the former would be rejected on account of the disapprobation of the latter. The provinces might, perhaps, have not been inclined to the deliber- ations, or even cast off the sway of the central body, and make terms of peace for themselves. At any rate, all such hope was not precluded ; at least some such trial might be made.

" Nor does it appear to me, as to Mr. Macaulay, that there was any, even the slightest, inconsistency in Lord Chatham having first pronounced against the conquest of America, and yet re- fusing to allow her independence. After the declaration in her

10 THE LOYALISTS OF AMERICA [CHAP. XXVII.

behalf of France, Lord Chatham had said, no doubt, that America could not be conquered. Had he ever said she could not be reconciled ? It was on conciliation, and not on conquest, that he built his later hopes. He thought the declaration of France no obstacle to his views, but rather an instrument for their support. He conceived that the treaty of alliance con- cluded by the envoys of the Congress with the Court of Ver- sailles might tend beyond any other cause to rekindle British feelings in the hearts of the Americans. Were the glories of Wolfe and Amherst, in which they had partaken, altogether blotted from their minds ? Would the soldier-yeomen of the colonies be willing to fight side by side with those French whom, till within fifteen years, they had found in Canada their bitter hereditary foes ? Tliat consequences like to these that some such revulsion of popular feeling in America might, perhaps, ensue from an open French alliance, is an apprehension which, during the first years of the contest, we find several times ex- pressed in the secret letters of the Revolution chiefs ; it was a possibility which we see called forth their fears ; why then might it not be allowed to animate the hopes of Chatham ?"*

But Lord Chatham was not destined even to try the experi- ment of o'iving America a second time to England ; in a few days he fell in the House of Lords, to rise no more, with the protest on his lips against the separation of the American colonies from England. The Americans had no confidence in the professions of a Parliament and Ministry which had oppressed and sought to deceive them for twelve years. As low as the Congress had fallen in the estimation of ^ large part of the colonists, the English Ministry was regarded with uni- versal distrust and aversion. The Congress refused even to confer with the Royal Commissioners, and had sufiicent influence to prevent any province from entering into negotiations with them. All the former grounds of complaint had been removed by the three Acts of Parliament above referred to, and all the concessions demanded had been granted. The Royal Com- missioners requested General Washington, on the 9th of June (1778), to furnish a passport for their Secretary, Dr. Fercruson

* Lord Malion's History of England, Vol. VI., Chap. Ivii pp 344

347.

CHAP. XXVII.1 AND THEIR TIMES. 11

with a letter from them to Congress ; but this was refused, and the refusal was approved by Congress. They then forwarded, in the visual channel of communication, a letter addressed " To his Excellency Henry Laurens, the President, and other Mem- bers of Congress," in which they enclosed a copy of their com- mission and the Acts of Parliament on which it was founded ; and they offered to concur in every satisfactory and just arrangement towards the following among other purposes :

" To consent to a cessation of hostilities both by sea and land ;

" To restore free intercourse, to revive mutual affection, and renew the common benefits of naturalization through the several parts of this empire ;

" To extend every freedom to trade that our respective interests can require ;

" To agree that no military forces shall be kept up in the different States of North America without the consent of the General Congress, or particular Assemblies ;

" To concur in measures calculated to discharge the debts of America, and to raise the credit and value of the paper circula- tion ;

" To perpetuate our union by a reciprocal deputation of an agent or agents from the different States, who shall have the privilege of a seat and voice in the Parliament of Great Britain ; or if sent from Great Britain, in tliat case to have a seat or voice in the Assemblies of the different States to which they may be deputed respectively, in order to attend to the several interests of those by whom they are deputed ;

" In short, to establish the power of the respective Legisla- tures in each particular State ; to settle its revenue, its civil and military establishment, and to exercise a perfect freedom of legislation and internal government ; so that the British States throughout North America, acting with us in peace and war under one common sovereign, may have the irrevocable enjoyment of every privilege that is short of total separation of interests, or consistent with that union of force on which the safety of our common religion and liberty depends."*

The three Acts of Parliament and the proposals of the five

* Dr. Eamsay's History of the United States, Vol. II., Cliap. xv., pp. 254, 255.

12 THE LOYALISTS OF AMERICA [CHAP. XXVIl.

English Commissioners were far in advance of any wishes

which the colonists had expressed before the Declaration ot

Independence, and placed the colonists on the footing otbng-

lishmen-all that the Earl of Chatham and Mr. Burke had ever

advocated— all that the free, loyal, and happy Dominion oi

Canada enjoys at this day— all and nothing more than was

required for the unity of the empire and of the Anglo-Saxon

race; but the leaders of Congress had determined upon the

dismemberment of the empire— had determined to sever all

connection with the elder European branch of the Anglo-Saxon

family— had determined, and that without even consulting the

constituents whom they professed to represent, to transfer

their allegiance from England to France, to bind themselves

liand and foot to France— that they would make no peace with

England, upon any terms, without the consent of the French

Court.

It may be easily conceived what an effect would be produced upon the truly national mind of both England and America by such a transition on the part of the leaders of Congress and their representatives abroad— a transition which might be called a revolution, involving new issues and new relations of parties ; for the question was no longer one of mere separation from England, much less the question of Stamp Acts, or taxa- tion without representation, or suspension of charters all acts and pretensions of this kind having been repealed and renounced ; but the question was now one of union with the hereditary foe of England and her colonies ; and the unnatural alliance contemplated the invasion of England by the French, the destruction of British commerce, the wresting from Eng- land of the West Indies as well as Canada,* and the possession

* While Count D'Estaing was at Boston repairing his shattered fleet, he was not unmindful of an essential part of his commission to detach Canada from England. " In pursuance of this design, a Declaration was published (dated the 28th of October, 1778), addressed in the name of the King of France to the French inhabitants of Canada, and of every other part of America formerly subject to that Crown. This Declaration contained the liighest praises of the valour of the Americans ; it laid before the inhabitants of Canada the mortification they must endure in bearing arms against the allies of their parent State ; it represented to them, in the strongest terms, the ties formed by origin, language, manners, government, and religion, between the Canadians and the French, and lamented the misfortune which had

CHAP. XXVII.] AND THEIR TIMES. 13

by France of whatever islands or territory her navy and army should conquer.

All this was a different thing from mere independence of the mother country. The United Empire Loyalists and advocates of colonial rights were now subject to a new allegiance, and punished as rebels and their property confiscated if they would not unite with the French against their English forefathers and brethren. So enamoured were the leaders of Congress with their new allies, that they interrupted the reading of the official letter from the British Commissioners on account of a passage which reflected upon France, and debated three days whether they should allow the remaining part of the letter to be read.*

But the feelings of all classes in England, and of a large part,

occasioned a disjunction of that colony from France ; it recalled to their remembrance the brave resistance they had made during the many wars they had been engaged in against England, especialy the last ; it reminded them of their favourite warriors and generals, particularly the valiant Montcalm, who fell at their head, in defence of their country ; it earnestly entreated them to reflect seriously on their disagreeable subjection to strangers living in another hemisphere, differing from them in every possible respect, who could consider them no otherwise than as a conquered people, and would always, of course, treat them accordingly. It concluded by formally notifying, that the Count D'Estaing was authorized and commanded by the King of France to declare, in his name, that all his former subjects in North America who should renounce their allegiance to Great Britain might depend on his protection and support." (Dr. Andrews' History of the American War, Vol. III., Chap, xxxviii., p. 171.)

* The conciliatory acts of the British Parliament and the letter of the Commissioners were referred by the Congress to a Committee of three all known to be opposed to any reconciliation with England. This Committee made, the next day after its appointment, a report which was adopted by Congress, that the British acts were merely intended to operate upon the hopes and fears of the American people, and to produce divisions among them ; " that those who made any partial convention or agreement with the Commissioners of Great Britain would be regarded as enemies ; and that the United States could hold no conference with such Commissioners until the British Government first withdrew its fleets and armies, or acknowledged the independence of the United States.'''

" This rejection of terms which they not long before would have cordially welcomed, was, no doubt, caused by the confident expectation they then had of the support and alliance of France ; and accordingly the news of that alHance soon after reached them, and diffused a general joy throughout the land." (Tucker's History of the United States, Vol. I., Chap, iii., pp. 221, 222.)

14 THE LOYALISTS OF AMERICA [CHAP. XXVII.

if not the great majority, of the colonists, were different from those of the leaders of Congress, now depleted of many dis- tinguished men who attended its previous year's sittings.*

(!• u I

The Declaration of Independence effected an alteration of sentiments in En^dand. It was esteemed by many of the most judicious persons in this country, a measure wholly unnecessary, and without recurring to which America might have compassed every point proposed by continuing its resistance to Britain on the same footing it had begun. This measure occa- sioned an alienation from its interests in the minds of many of its former adherents. It was looked upon as a wanton abuse of the success with which it had opposed the efforts of the British Ministry to bring them to submis- sion, ami as an ungrateful return for the warmth with which their cause had beeii espoused in rarliament, and by such multitudes as in the idea of many amounted to a plurality."

" The Declaration of France completed the revolution that liad been gradually taking place in the opinions of men on their being repeatedly apprised of the determination of Congress to break asunder all the bonds of former amity, and to unite themselves in the closest manner with that kingdom." (Dr. Andrews' History of the American War, Vol. III., Chap, xxxiv., pp. 82 84.)

The Declaration of France in favour of the independence ot the Ameri- can colonies, and of alliance with them, was officially communicated to the British Government the 13th of March, 1778, a few days after which the French fleet under the command of Count D'Estaing sailed from Toulon, and arrived off the coast of America in July after a long voyage of eighty -seven days. On learning the departure of the French fleet for America, the British Government sent out, in the same ships with the Peace Commissioners, orders to Sir Henry Clinton to concentrate his forces on Long Island and at New York. " The successor of Howe, Sir Henry Clinton, was," says Lord Mahon, " in character, as upright and amiable ; in skill and enterprise, much superior. Had the earlier stages of the war been under his direction, his ability might not have been without influence upon them. But it was his misfortune to be appointed only at a time when other foes had leagued against us, when the path was beset with thorns and briars, when scarce any laurels rose in view. In consequence of the impending war with France, and in conformity with the advice of Lord Amherst to the King, instructions had been addressed to Sir Henry, on the 23rd of March, to retire from the hard- won city of Philadelphia, and concentrate his forces at New York. This order reached him at Philadelphia, in tlie month of May, only a few days after he had assumed the chief command ; only a few days before, there came on shore the British Commissioners of Peace. These Commissioners miglit weU complain with some warmth, in a secret letter to Lord George Germaine, that an order so important, so directly bearing on the success of their mission, should have been studiously concealed from them until they landed in America, and beheld it in procrress of execution. Thus to a private friend wrote Lord Carlisle (one of the

CHAP. XXVII.] AND THEIR TIMES. 15

By this alliance with France the allied colonies became, as it were, a part of France, bound up in oneness wath it refusing all overtures or negotiations with the representatives of Eng- land without the approval of the French Court. The coasts, cities, towns, etc., of the American allies of France therefore became liable to the same treatment on the part of the British army and navy as the coasts, cities, and towns of France. Of this the British Commissioners informed the Congress, after the latter had declared its identity with France, and refused any further intercourse with them.*

CommissioneTs) : 'We arrived at this place, after a voyage of six weeks, on Saturday last, and found everything here in great confusion the army upon the point of leaving the town, and about three thousand of the miserable inhabitants embarked on board of our ships, to convey them from a place where they think they would receive no mercy from those who will take posses- sion after us.'"

" Thus from the first," says Lord Mahon, " the Commissioners had against them the news of a retreat from Philadelphia, and the news of the treaty of Paris ; further, they had against them, as the Opposition in England had long foreseen and foretold, the fact of tlieir connection with Lord North. Even at the outset, before their affairs could be known (June 14, 1778), one of the leaders in America, General Joseph Reed, answered a private note from one of them as follows : ' I shall only say that after the unparalleled injuries and insults this country has received from tlie men who now direct the afJ'airs of Great Britain, a negotiation under their auspices has much to struggle with.' " " How different," remarks Lord Mahon, " might have been his feelings, had they brought their Commission from Lord Chatham." (History of England, Vol. VI., Chap. Iviii., pp. 372—374.)

Lord Mahon adds : " Not any, even the smallest opening, \^'as afforded to these messengers of peace. They desired to despatcli to the seat of Con- gress their Secretary, Dr. Adam Ferguson, the well-known Professor of Edinburgh, and they applied to Washington for a passport, but Washing- ton refused it until the pleasure of Congress should be known. The Con- gress, on their part, had put forth a resolution declining even to hold any conference with the Commissioners unless, as a preliminary, they should either withdraw the fleets and armies, or else, in express terms, acknow- ledge the independence of the United States. In vain did the Commis- sioners address the President of the Congress, and entreat some considera- tion of their terms. (For tlie terms, see page 11.) To none of these terms, so tempting heretofore, would the Congress hearken ; and after their first letter, they decided in a summary manner that no further reply should be returned." lb., pp. 374, 375.

* " Finding it impossible to proceed with their negotiations, the Com- missioners prepared to re^embark for England. First, however, they issued

16 THE LOYALISTS OF AMERICA [CHAP. XXVIt

The war for a short time after this period became more acri- monious and destructive on both sides than before, as between the French and English. But this policy of devastation and retaliation was disapproved of by the British Government— was confined mostly to some certain coast towns in New England, while in the South the conduct of Col. Campbell, on the subju- gation of Georgia, was marked by lenity and generosity.

a manifesto, or proclamation, to the American people, appealing to them against the decisions of the Congress, and offering to the colonies at large, or singly, a general or separate peace. This proclamation was in most parts both ably and temperately argued. But there was one passage liable to just exceptions. The Commissioners observed, that hitherto the hopes of a reunion had checked the extremes of war. Henceforth the contest would be changed. If the British colonies were to become an accession to France, tliu law of self-preservation must direct Great Britain to render the acces- sion of as little avail as possible to her enemy. Mr. Fox and others in the House of Commons inveighed with great plausibility against this passage, as threatening a war of savage desolation. Others again, as friends of Lord Carlisle and Mr. Eden (afterwards Lord Auckland), asserted that no such meaning was implied. The error, whatever it might be, lay with the Commissioners, and in no degree with the Government at home ; for Lord North denied, in the most express terms, that his Ministers had intended to give the least encouragement to the introduction of any new kind of war in North America." (Debate in the House of Commons, Dec. 4, 1778.)

Lord Mahon's History of England, etc., Vol. VI., Chap. Iviii., pp. 376,377.

CHAP. XXVm.] AND THEIR TIMES. 17

CHAPTER XXVIII.

Complete Failure op the French Fleet and Army, under Count D'EsTAiNG, TO Assist the Congress.

The leaders of Congress were disappointed in the high ex- pectations which they had entertained from their unnatural alliance with France. Count D'Estaing left France with a much more powerful fleet than Lord Howe commanded in America, besides bringing an army of several thousand soldiers. He had expected to surprise and capture the British ships in the River Delaware ; but Lord Howe had sailed for New York several days before his arrival. Count D'Estaing pursued, and lay eleven days at anchor off Sandy Hook, not being able to get his large ships over the bar into New York harbour. He at length directed his course, by Washington's advice, to Long Island, and sailed up the Newport river, whither he was followed by Lord Howe. " An attack against the British in that quarter had been projected between the new allies. The French promised to land from their ships four thousand troops, and the Americans actually sent a detachment of ten thousand under General Sullivan. The British troops, only five thousand strong, retired within their lines at Newport.

" At these tidings. Lord Howe, whose intended successor. Admiral Byron, had not yet arrived, issued forth from the Hudson and sailed in pursuit of D'Estaing. The two fleets were on the point of engaging when separated by a violent storm ; there were conflicts between individual ships only, in which the honour of the British flag was worthily main- tained. D'Estaing now declared his fleet so far damaged by

■xmT IT .

18 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

the storm as to compel him to put into Boston harbour and refit. In this resolution he persisted, though Sullivan, Greene, and other American officers altogether denied the necessity, and even transmitted to him a written protest against it, couched in the most acrimonious terms."*

Certain it is, that the course which D'Estaing pursued on this occasion not only forced the Americans to relinquish their enterprise upon Long Island, but roused up among them a bitter feeling against the French. To such an extent was this

* " They urged D'Estaing to return with his fleet into the harbour ; but his principal otficers were opposed to the measure, and protested against it. He had been instructed to go into Boston if his fleet met with any mis- fortune. His officers insisted on his ceasing to prosecute the expedition against Rhode Island, tliat he might conform to the orders of their com- mon superiors. A protest was drawn up and sent to liim, which was signed by John Sullivan, Nathaniel Greene, John Hancock, I. Glover, Ezekiel Cornel, William Whipple, John Tyler, Solomon Lovell, John Fitconuel. They protested against the Count's taking the fleet to Boston, as derogatory to the honour of France, contrary to the intention of his Christian Majesty and the interests of his nation, destructive in the highest degree to the welfare of the United States, and highly injurious to the alliance formed between the two nations. Had D'Estaing prosecuted his original plan within the harbour, either before or immediately after the pursuit of Lord Howe, the reduction of the British post on Rhode Island (which had been in the possession of the British since 1776) would have been probable ; but his departure in the first instance to engage the English fleet, and in the second from Rhode Island to Boston, frustrated the whole." (Dr. Ramsay's History of the United States, Vol. II., Chap, xvi., p. 272.)

" Whatever were the reasons which induced Count D'Estaing to adopt that measure (of sailing with his fleet direct for Boston), the Americans were greatly dissatisfied. They complained that they had incurred great expense and danger, under the prospect of the most efl"ective co-operation ; that, depending thereon, they had risked their lives on an island, where, without naval protection, they were exposed to particular dangers j that in this situation they were first deserted, and afterwards totally abandoned, at a time when, by persevering in the original plan, they had well-grounded l>opes of speedy success. Under these apprehensions the discontented miUtia went home in such crowds that the regular army, which remained, was in danger of being cut off from a retreat. In these embarrassin<^ circumstances, General Sullivan extricated himself with judgment and ability. He began to send off his heavy artillery and baggage on the 26th and retreated from the lines on the night of the 28th." (Lord Mahon's History of England, etc.. Vol. VI., Chap. Iviii., p. 173.)

CHAP. XXVIII.] AND THEIR TIMES. 19

animosity carried that riots ensued in the streets of Boston* between the American seamen and their new allies.*f-

Even in regard to the mode of attacking the British on Long Island, differences arose between Count D'Estaing and his new American friends on questions of etiquette. Mr. Tucker says : "D'Estaing's fastidiousness on points of etiquette, and his refusal to aid in what would have given so serious a blow to the British power in America, is calculated to raise a doubt whether he was really anxious to bring the war to an imme- diate conclusion."! Early in November, Count D'Estaing, with the French squadron, quitted the port of Boston and sailed for

* " The inveteracy to the French, traditionally inherent in the lower classes of the New England people, could not be restrained from breaking out in Boston, in a manner that might have been attended with the most serious consequences to the interests of both France and America, had not the prudence of the magistracy interposed on the one hand, and the sagacity of Count D'Estaing co-operated on the other. A desperate fray happened in that city between the populace and-the French sailors, in which these were roughly handled, and had much the worse. A number of them were hurt and wounded, and some, it was reported, were killed."

" Precisely at the same time, a disturbance of a like nature happened at Charleston, in South Carolina, between the French and American seamen, but it was carried to much greater extremities ; they engaged on both sides with small arms, and even with cannon. A number of people were killed and wounded." (Dr. Andrews' History of the American War, Vol. III., Chap, xxxviii., pp. 172, 173.

t Lord Mahon's History of England, etc., Vol. VI., Chap. Iviii., pp. 380, 381.

" During this time Sir Henry Clinton sent out several expeditions in various quarters. Near Tappan, a body of American horsemen under Colonel Baylor were surprised and routed, or put to the sword. In Egg-Harbour, great part of Count Pulaski's foreign legion was cut to pieces. At Buz- zard's Bay, and on the island called Martha's Vineyard, many American ships were taken or destroyed, storehouses burned, and contributions of sheep and oxen leaded. In these expeditions the principal commander was General Charles Grey, an oflBicer of great zeal and ardour, whom the Ameri- cans sometimes surnamed the ' No-flint General,' from his common practice of ordering the men to take the flints out of their muskets, and trust to their bayonets alone. After some twenty years of further service, the veteran was raised, by the favour of his Sovereign, to the peerage as Lord Grey of Howick, and afterwards Earl Grey. His son became Prime Minister (father of the present Earl Grey), and the greatest orator who, since the death of Chatham, had appeared in the House of Lords." lb., pp. 382, 383.

X Tucker's History of the United States, Vol. I., Chap, iii., p. 231.

20 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

the West Indies, there to pursue exclusively French objects. " Deep was the disappointment and loud the animadversion of the Americans in the Northern provinces. They had formed the most sanguine hopes from the French alliance. They had found that alliance as yet little better than a name."*

The results of Count D'Estaing's expedition, and of tlje French alliance thus far, are well summed up by Dr. Ramsay in the following words : " With the abortive expedition to Rhode Island there was an end to the plans which were in this first campaign projected by the allies of Congress for co-operation. The Americans had been intoxicated with hopes of the most decisive advantages ; but in every instance they were disap- pointed. Lord Howe, Math an inferiority of force, not only pre- served his own fleet, but counteracted and defeated all the views and attempts of Count D'Estaing. The French fleet gained no direct advantages for the Americans ; yet their arrival was of great service to their cause. Besides deranging the plans of the British, it carried conviction to their minds that his Most Christian Majesty was seriously disposed to support them. The good- will of their new allies was manifested to the Americans ; and though it had failed in producing the eflects expected from it, the failure was charged to winds, weather, and unavoidable incidents. Some censured Count D'Estaing; but while they attempted to console themselves by throwing blame on him, they felt and acknowledged their obligation to the French nation, and were encouraged to persevere in the war, from the hope that better fortune would attend their future co-operation."-f- Count D'Estaing proceeded with his fleet to the West Indies, where he did nothing worthy of the large fleet, reinforced by that of Count de Grasse with several thousand troops, against the English fleet under the command

* Lord Mahon's History of England, Vol. VI., Chap. lviii.,p. 384.

Mr. Tucker remarks on this subject : " On the 3rd of November D'Estaing sailed for the West Indies, and thus ended the costly and fruitless expedition which bade fair to be decisive of the contest; and which failed first by disasters from the elements, and then from misunderstandings in which the interests of the common cause seem to have been sacrificed to paltry personal feelings on both sides." (History of the United States Vol I Chap, iii., p. 234.) ' * ''

t Dr. Ramsay's History of the United States, V<^. II., Chap, xvi., p. 275.

CHAP. XXVIII.] AND THEIR TIMES. 21

of Admiral Byron much inferior in both men and metal ; but the French admiral declined and evaded any general engage- ment, though repeatedly provoked to it. " The British fleet endeavoured in vain to compel the enemy to come to close fight ; they avoided it with the utmost circumspection and dexterity."*

It became indispensably necessary for Admiral Byron to provide a powerful convoy to the merchant shipping now on the eve of their departure for England, and whose cargoes were of immense value. Under all the circumstances, Admiral Byron determined to convoy the homeward trade with his whole fleet, till it was out of danger of being followed by Count D'Estaing or of falling in with M. de la Motte, who was on his way from France to the French islands with a strong squadron. During Admiral Byron's absence. Count D'Estaing directed an attack to be made on the island of St. Vincent, the garrison of which was very inconsiderable, and soon surrendered to the superior strength of the French, assisted by a great multitude of the Caribbee Indians, and who seized this opportunity of revenging themselves for injuries inflicted upon them by the English during the last French war.

In the meantime Count D'Estaing was still further reinforced by the arrival of the squadron commanded by M. de la Motte. His fleet now consisted of twenty-six ships of the line and twelve frigates, and his land force amounted to ten thousand men. With this powerful armament he sailed for the island of Grenada, the strength of which consisted of about one hundred and fifty regulars and three or four hundred armed inhabitants. The garrison was compelled to yield to the prodigious superiority of force against them, after a most heroic defence, in

* " Early in January, 1779, reinforcements under Admiral Byron trans- ferred maritime superiority to the British ; and D'Estaing for six months sheltered his fleet in the bay of Port Royal. At the end of June, Byron having left St. Lucia to convoy a company of British merchant ships through the passage, D'Estaing detached a force against St. Vincent, which, with the aid of the oppressed and enslaved Caribs, was easily taken. At the same time the Erench admiral made an attack on the island of Grenada, whose garrison surrendered on the 4th of July, at discretion." (Bancroft, Vol. X., Chap, xiii., p. 295.)

22 THE LOYALISTS OF AMEKICA [cHAP. XXVni.

which no less than three hundred of the French were killed and wounded.*

The complaints of the Americans of the failure of Count D'Estaing's expedition to America, of his abandoning the expedition against Long Island, of his leaving the coasts of the Southern colonies unprotected and exposed, and proceeding to the West Indies, reached the French Court, which sent instruc- tions to Count D'Estaing enjoining him to return with all speed to the assistance of the colonies. For this purpose he left the West Indies on the 1st of September. Mr. Tucker remarks : " General Lincoln (commander of the colonial forces in Caro- lina) having informed Count D'Estaing that the British ships had gone into port to repair the damages sustained in the late engagement with his fleet in the West Indies, and that a fair opportunity was presented of destroying the British army in Georgia, with the co-operation of the French fleet, the Count immediately left the West Indies, with twenty-two sail of the line and eleven frigates. He had on board six thousand land forces, and ai-rived so unexpectedly on the coast that a British fifty -gun ship and three frigates fell into his hands. He then, in conjunction with General Lincoln, planned an attack on the town of Savannah.'i"

The arrangements for the attack having been made, the whole French fleet came to anchor at the mouth of the Savannah river on the 1st day of September. He was occupied ten days

* " Tw-o days' after the taking of Grenada," says Mr. Bancroft, " the fleet of Byron arrived within sight of the French, and, though reduced in number, sought a general close action, which his adversary knew how to avoid." (History of the United States, Vol. X., Chap, siii., p. 295.)

t History of the United States, Vol. I., Chap, iii., p. 249.

" Count D'Estaing's intentions and his hopes were, as before, directed to objects of the first magnitude. The first measure of the plan and contem- plation was to expel the British forces out of Georgia, and to place that province and the contiguous province of South Carolina, and in short all the Southern colonies, on a footing of perfect security from any future invasions by the British troops. After the accomplishment of this object, he next proposed no less than a total deliverance of America from the terror of the British arms. This was to be effected by the destrviction of the British fleet at New York. The latter part of the plan he doubted not to accomplish through the co-operation of the American army under Washington." (Dr. Andrews' History of the Late War, Vol. III., Chap, xlv., pp. 308, 309.)

CHAP. XXVIII.] AND THEIR TIMES. 23

in landing his troops and artillery ; on the 15th of September a junction was formed between the French and General Lincoln,* and with the utmost confidence of success.-f-

They determined to take the town by siege rather than by storm in the first instance.j

On the 16th of September they demanded, in a very confi- dent and haughty tone, the surrender of the town to the arms of the King of France ; but General Prevost declined sur- rendering on a general summons, and requested a specific statement of the terms of it. The Count replied that it was for the besieged to propose the terms. General Prevost re- quested and obtained twenty-four hours' suspension of hos- tilities to prepare his answer. Before the twenty-four hours

* " A junction being formed by the French and American forces, they amounted together to between nine and ten thousand men. Count D'Estaing had five thousand regulars, and near one thousand stout mulattos and free negroes, well armed. The body of Americans that joined him under the command of General Lincoln consisted of about two thousand at first, but were soon augmented to twice that number.

" To oppose this formidable strength. General Prevost (the commander of Savannah) had no more, altogether, than three thousand men ; but they were such as continual experience had shown he could place the utmost dependence on. Numbers were refugees (loyalists), whom resentment for the usage they had received exasperated to a degree that rendered them desperate." lb., p. 312.

t " As soon as the arrival of Count D'Estaing on the coast was known, General Lincoln, with the army under his command, marched for the vicinity of Savannah ; and orders were given for the militia of Georgia and South Carolina to rendezvous near the same place. The British were equally diligent in preparing for their defence. The American militia, flushed with the hope of speedily expelling the British from their southern possessions,, turned out with an alacrity which far surpassed their exertions in the previous campaign." (Dr. Eamsay's History of the United States, Vol. II.,, Chap, xvii., p. 302.)

.% " The French and the Americans encamped separately. Count D'Estaing; thought it most prudent to keep them apart. He knew by experience how apt they were to disagree ; and he hoped that, by acting asunder from each other, a reciprocal emulation would be excited. It was agreed, accordingly,, that each of them should carry on their respective approaches without interference from the other side. This method was particularly agreeable to the French, who, looking upon themselves as incomparably superior to the Americans, did not choose to divide any honour with these, to which they imagined that they alone were entitled." (Dr. Andrews' History of the- Late War, Vol III., Chap, xlv., pp. 312, 313.)

24 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

had elapsed, Lieutenant-Colonel Maitland, with several hundred men who had been stationed at Beaufort, made their way through inland channels and swamps, and joined the royal standard at Savannah ; and General Prevost gave his answer of no surrender. The French and Americans, who formed a junc- tion the evening after, resolved to besiege the town, and consumed several days in preparing for it, while the works of the garrison were hourly strengthened by great labour and skill. From the 24th of September to the 4th of October a heavy cannonade on both sides was kept up ; but the allied army, finding that they could make little or no impression on the works of the besieged, resolved on a bombardment, with a stronger cannonading than ever. On the 4th of October the besiegers opened on the town three batteries, with nine mortars, thirty-seven pieces of cannon from the land side, and fifteen from the water. The firing from these batteries lasted, with little intermission, during five days ; but the damage they did was confined mostly to the town, where some houses were ' destroyed and some women and children killed. Soon after the commencement of the cannonade, General Prevost requested permission to remove the women and children out of the town to a place of safety ; but this request was refused in offensive terms on the part of Count -D'Estaing, by the advice of General Lincoln, on the pretext that a desire of secreting the plunder lately taken from the South Carol inas was covered under the veil of humanity, but the real reason was that the sur- render of the town would be expedited by keeping the women and children in it.*

* Count D'Estaing was afterwards so ashamed of this inhuman refusal, that after the repulse of his assault upon the garrison he apologized for it, and offered the permission requested, but which was no longer needed, and therefore refused.

General Stedman, referring to this circumstance, says : " On tlie morning of the 4th of October, the batteries of the besiegers having opened with a discharge from fifty-three pieces of heavy cannon and fourteen mortars, a request was made by General Prevost that the women and children mi^ht be permitted to leave the town and embark on board vessels in the river which should be placed under the protection of Count D'Estaing, and wait the issue of the siege. But this proposal, dictated by humanity, was rejected with insult. Fortunately, however, for the inhabitants as well as the garrison, although an incessant cannonade from so many pieces of artillery was continued from th£

CHAP. XXVIII.] AND THEIR TIMES. 25

Count D'Estaing, finding that his five days' cannonading made no impression on the defensive works of the city, and his officers remonstrating against his continuing to risk so valuable a fleet on a dangerous coast, in the hurricane season, and at so great a distance from shore that it might be surprised by a British fleet, now completely repaired in the West Indies and fully manned, he decided to assault the town. The attack was commenced in three columns on the 9th, an hour before sunrise.

" Though the besieged were prepared for the assault, and their fire was very destructive, the assailants pressed on and planted (for a few minutes) the standard of both nations on the walls ; but the contest being still obstinately continued, the assailants were brought to a pause by the fall of Count Pulaski (com- manding an American corps), who received a mortal wound ; and Major Glaziers, who commanded the garrison, rushing at the head of a body of grenadiers and marines, drove back the allied troops, who were ordered to retreat. The French lost seven hundred men ; the Americans, two hundred and thirty- four. The British garrison lost only fifty-five in killed and wounded. On the 16th of October the siege was raised by the Count, who thus for the third time failed in his co-operation with the Americans, after the fairest- prospects of success."*

4th to the 9th of October, less injury was done to the houses in the town than might have been expected ; few lives were lost, and the defences were in no respect materially damaged." (Stedman's History of the American War, Vol. II., Chap, xxx., p. 127.)

* Tucker's History of the United States, Vol. I., Chap, iii., p. 250.

This disastrous attack upon Savannah was followed by mutual recrimina- tions between the French and American officers and soldiers.

" No good agreement, it has been said, subsisted between the French and Americans from the commencement of the siege, and their mutual dislike was now increased by disappointment. After the assault, the French could no longer conceal their contempt for their new allies ; they styled them 'insurgents' in common conversation and even in written memorials." (General Stedman's History of the American War, Vol, II., Chap, xxx., p. 132.)

" While the British troops were enjoying the satisfaction resulting from the success that was due to their conduct and valour, the enemy was in a condition of discontent and sullenness which had like to have terminated fatally. The Americans could not conceal their disapprobation of the whole proceedings of Count D'Estaing, nor he the contemptuous light in which he

26 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

Mr. Bancroft states the final struggle of this eventful contest, and the results and effects of it on the Southern colonies, in the following words :— " After an obstinate struggle of fifty-five minutes to carry the redoubt, the assailants retreated before a charge of grenadiers and marines, led gallantly by Maitland. The injury sustained by the British was trifling ; the loss of the Americans was about two hundred ; of the French, thrice as many. The French withdrew their ships, and sailed for France ; the patriots of Georgia who had joined them fled to the back- woods or across the river.

" Lincoln repaired to Charleston, and was followed by what remained of his army ; the militia of South Carolina returned to their homes ; its continental regiments were melting away ; and its paper money became so nearly worthless, that a bounty of twenty-five hundred dollars for twenty-one months' service had no attraction. The dwellers near the sea between Charles- ton and Savannah were shaken in their allegiance, not knowing

held them. Reciprocal taunts and reproaches came to such a height between both the officers and soldiers of either party, that it was once thought they would have proceeded to actual violence.

" A motive which strongly influenced the Americans was the jealousy they had conceived against the French commander, on account of ])is having summoned General Prevost to swrrender to the arms o/i^rance, without including those of the United States of America. They inferred from thence, that either he considered them as unworthy of the honour of being mentioned conjointly with the King of France, or that he meant to retain the province of Georgia for that Crown in case of reduction. Whichever of the two was the meaning of the French commander, it exposed him equally to the indignation of the Americans.

" To this it may be added, that the inhuman refusal of the request of General Prevost for a permission to the women and children to depart from the town of Savannah during the siege, was now by the French attributed to the Americans, whom they accused of brutality, and whose general, a French officer of rank, was loaded with the coarsest and most injurious appellations, in common with his other countrymen.

" From the day of their repulse, both the French and Americans abandoned all further prosecution of the siege.

" In this manner was the province of Georgia cleared a third time of the enemy, after the most sanguine expectations had been entertained by all America that the reduction of this province would have been a preparatory step to the expulsion of the British fleets and armies from every part of the continent." (Dr. Andrews' History of the War, etc., Vol. III., Chap xlv pp. 316—318.)

CHAP. XXVIII.] AND THEIR TIMES. 27

where to find protection. Throughout the State the people were disheartened, and foreboded desolation."*

I have given a more minute account of Count D'Estaing and his abortive expeditions to America, and of his final attack upon Savanah and its results ; how completely disappointed were the American revolutionists thus far in their unnatural alliance with France against England ; how little mutual respect or good-will, and what quarrels occurred, whenever they came or attempted to act together, whether at Boston, or Long Island, or Charleston, or Savannah ; and how much feebler the army and more gloomy the prospects of the Congress party were at the end of 1779 than they were two years before, when the alliance with France was formed. Dr. Ramsay well sums up these events as follows :

•' The campaign of 1779 is remarkable for the feeble exer- tions of the Americans. Accidental causes, which had pre- viously excited their activity, had in a great measure ceased to have influence. An enthusiasm for liberty made them compara tively disregard property and brave all dangers in the first years of the war. The successes of their arms near the beginning of 1777, and the hope of capturing Burgoyne's army in the close of it, together with the brisk circulation of a large quantity of paper-money, in good credit, made that year both active and decisive. The flattering prospects inspired by the alliance with France in 1778 banished all fears of the success of the revolu- tion, but the failure of every scheme of co-operation produced a despondency of mind unfavourable to great exertions. Instead of driving the British out of the country, as the Americans vainly presumed, the campaigns of 1778 and 1779 terminated without any direct advantage from the French fleet sent to their aid. Expecting too much from their allies, and then failing in these expectations, they were less prepared to prosecute the war with their own resources than they would have been if D'Estaing had not touched on their coast. Their army was reduced in its numbers and badly clothed.

" In the first years of the war, the mercantile character was lost in the military spirit of the times ; but in the progress of it the inhabitants, cooling in their enthusiasm, gradually returned

* Bancroft's History of the United States, Vol. X., Chap. xiii.,pp. 297, 298.

28 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

to their former habits of lucrative business. This made dis- tinctions between the army and citizens, and was unfriendly to military exertions. While several foreign events tended to the embarrassment of Great Britain,* and indirectly to the establish- ment of independence, a variety of internal causes relaxed the exertions of the Americans, and for a time made it doubtful whether they would ultimately be independent citizens or conquered subjects. "-f"

Even a year later "The military force," says Mr. Tucker, "embarked in the beginning of 1781, to maintain the cause of independence, is thus stated in (Chief Justice) Marshall's Life of Washington : ' The Southern troops, from Pennsylvania to Georgia, did not exceed three thousand men. Of the Northern troops, twelve hundred had been detached to Virginia, under La Fayette ; with these they amounted only to three thousand effective men in April. The cavalry and artillery was less than one thousand. With some small additions, the whole reached four thousand men in May. They were ill supplied with cloth- ing, and were seriously threatened with a want of provisions. The quartermaster's department was without means of trans- port," (Marshall, Vol. IV., p. 446).+

Such was the character and such the fruits of the alliance with France during the first two years of its existence ; and such was the state of the revolutionary army in 1780, and which seems to have been largely owing to the incapacity and ill conduct of the Congress itself, which had become degenerate and corrupt equal to that of any British Parliament, or of any Provincial Legislature, under any Royal Governor.§

* " In the latter part of this year (1*779), Spain decided on joining France in the war, anxious as she was to take the chance of recovering Gibraltar, Jamaica, and the Floridas." (Tucker's History of the United States, Vol. I., Chap, iii., p. 251.)

Thus England had arrayed against her two of the most powerful Gov- ernments, with the two most powerful fleets in Europe, besides the war in America.

t Dr. Eamsay's History of the United States, Vol. II., Chap, xvii., pp. 305, 306.)

J Tucker's History of the United States, Vol. I., Chap, iii., p. 282.

§ " There were never more than forty members present— often no more than twenty. These small numbers, however, by no means insured harmony, nor precluded violent and unseemly quarrels, rumours of which were not

CHAP. XXVIII.] AND THEIR TIMES. 29

Abundant evidence can be adduced in proof and illustration of this statement from the warmest partizans of Congress ; but the testimony of Washington himself is ample and indisputable. In the winter of 1778-9 he had to concert his measures with Congress at Philadelphia, and he writes from thence as follows to his friend Benjamin Harrison :

" If I were to be called upon to draw a picture of the times and of men from what I have seen, heard, and in part known, I should in one word say that idleness, dissipation, and extravagance seem to have laid fast hold of them ; that speculation, peculation, and an insatiable thirst for riches seem to have got the better of every other consideration and of every order of men ; that party disputes and personal quarrels are the great business of the day ; whilst the momentous concerns of an empire, a great and accumulating debt, ruined finances, depreciated money, and want of credit, which in its consequence is the want of everything, are but secondary considerations, and postponed from day to day, and from week to week, as if our aft'airs wore the most promising aspect. * * Our money is now sinking fifty per cent, a day in this city, and I shall not be surprised if in the course of a few months a total stop is put to the currency of it ; and yet an assembly, a concert, a dinner, a supper, that will cost three or four hundred pounds, will not only take men from acting in this business, but from thinking of it ; while a great part of the officers of our army, from absolute necessity, are quitting the service. * * I have no resentments, nor do I mean to point at particular characters. This I can declare upon my honour, for I have every attention paid me by Congress that I could possibly expect. * * But

slow in passing the Atlantic. ' For God's sake,' thus writes La Fayette from France, ' For God's sake prevent the Congress from disputing loudly together. Nothing so much hurts the interest and reputation of America.' (Letter of La Fayette to Washington, June 12th, 1779.) Thus the object of conceal- ment, unless, perhaps, for private purposes, was most imperfectly attained, although, in name at least, the deliberations of Congress at this time were secret. Historically, even the Journal which they kept gives little light as to their true proceedings. An American gentleman, who has studied that document with care, laments that it is painfuUy meagre, the object being apparently to record as little as possible." (Life of President Eeed, by Mr. William Reed, Vol. IL, p. 18.) Lord Mahon's History of England, etc., Vol. VI., Chap. Iviii., pp. 420, 421.

30 THE LOYALISTS OF AMERICA [CHAP. XXVIII.

such is the picture which from my inmost soul I believe to be true ; and I confess to you that I feel more real distress on account of the present appearances of things, than I have done at any time since the commencement of the dispute."*

Such is General Washington's own account of the character and occupation of the Congress of the United States in the third year of the revolutionary war, and in the second year of their alliance with France idleness, dissipation, extravagance, speculation, peculation, avarice, party and personal quarrels, dancing, feasting ; while the credit was reduced almost to nothing, and the army neglected and suffering.-f-

* Letter to Benjamin Harrison, December 30th, 1778. Washington's Writings, Vol. VI., p. 151, quoted in Lord Mahon's History, Vol. VI., Chap. Iviii., pp. 419, 420.

t Dr. Ramsay, referring to this depreciation of the currency, says : " The confiscation and sale of the property of Tories, for the most part, brought but very little into the public treasury. The sales were generally made on credit, and by the progressive depreciation, what was dear at the time of the pur- chase, was very cheap at the time of payment. When this measure Avas first adopted, little or no injustice resulted from it, for at that time the paper bills were equal, or nearly equal, to gold or silver of the same nominal sum. In the progress of the war, when depreciation took place, the case was materially altered.

" The aged, who had retired from the scenes of active business to enjoy the fruits of their industry, found their svibstance melting away to a mere pittance, insufficient for their support. The widow who lived comfortably on the bequests of a deceased husband, experienced a frustration of all his well- meant tenderness. The laws of the country interposed and compelled her to receive a shilling, where a pound was her due. The hapless orphan, instead of receiving from the hands of an executor a competency to set out in business, was obliged to give a final discharge on the payment of sixpence in the pound." (Dr. Ramsay's History of the United States, Vol. II., Chap, xviii., pp. 315, 316.)

"The paper-money," says Lord Mahon, "had gradually fallen to one- twentieth, to one- thirtieth, nay, in some cases to not less than one-hundredth of its nominal value ! But perhaps one practical instance may make this case clearer. In December of this year (1779), and in the State of Mary- land, an English officer received an innkeeper's bill, which in his Travels he has printed at full length, amounting in paper-money to £732 and some shillings ; and this bill he paid in gold with four guineas and a half." (Anbury's Travels, Vol. II., p. 492.) (Lord Mahon's History, etc., Vol. VI, Chap. Iviii., p. 416.)

General Washington thus describes this state of things in regard to everv man in the public service: " What officers can bear the weight of prices that

CHAP. XXVIIl.] AND THEIR TIMES. 31

Such was the progress of the war ; such the failure of the ex- peditions of the French alliance ; such the state of the revolution- ary army, and of the public credit ; and such the degenerate character and proceedings of Congress and its surroundings in the beginning of 1780 the fifth year of the civil war.

every necessary article is now got to ] A rat, in the shape of a horse, is not to be bought at this time for less than two hundred pounds, nor a saddle under thirty or forty pounds ; boots twenty, and shoes and other articles in like proportion. How is it possible, therefore, for officers to stand this with- out an increase of pay ? And how is it possible to advance their pay when flour is selling at different places from five to fifteen pounds per hundred- weight, hay from ten to thirty pounds, and beef and other essentials in like proportion ?" The depreciation still proceeding, Washington a few months afterwards says that " a waggon load of money will now scarcely purchase a waggon load of provisions." (Letters to Governor Morris, October 4th, 1778 ; and to the President of the Congress, April 23rd, 1779.)

32 THE LOYALISTS OF AMERICA [CHAP. XXIX.

CHAPTER XXIX.

1780 A Year of Weakness and Disaster to the American Cause, AND OF Success to the British Arms.

The year 1780 was inauspicious for the revolutionary cause, but auspicious for the English. The financial embarrass- ments arising from the depreciation of the paper-money engaged the anxious deliberations of Congress,* and Washing- ton's army was by no means able to cope with the northern division of the English army."f-

* " The commisgaries, greatly in. debt, had neither money nor credit, and starvation began to stare the soldiers in the face. To support his army, Washington was again obliged to resort to the harsh expedient of levying contributions on the surrounding country. Each county was called upon for a certain quantity of flovir and meat ; but as the civil authorities took the matter of supply in hand, for which certificates were given by the com- missaries on the appraisement of two magistrates, the use of force did not become necessary." (Hildreth's Histoiy of the United States, Vol. III., Chap, xi., p. 301.)

t " Washington's entire force scarcely exceeded ten thousand men, a number not equal to the (British) garrison of New York ; and even of these a considerable number were militia drafts, whose terms of service were fast expiring." 76., p. 303.

But though New York was in possession of the British, and strongly garrisoned, apprehensions were entertained of attacks upon the several English garrison posts in the State from invasions of marauding parties of the revolutionary army, from facilities of approach on account of the freezing over of all tlie rivers from the extreme severity of this winter. It is sino-ular that while Benjamin Franklin was leader of the Revolutionists, and now United States Minister to France, his son was one of the leaders of the Loyalists. " It was now," says Mr. Hddreth, " that the ' Board of Associated Loyalists ' was formed, of which Franklin, late Royal Governor of New

CHAP. XXIX.] AND THEIR TIMES. 33

But La Fayette, now returned from a recent visit to France, during which he had obtained from the French Court a loan of money and reinforcements of naval and land forces, Washing- ton contemplated the recovery of New York, which had long been a favourite object with him. The French squadron of seven sail of the line, and five frigates and transports, under the command of Chevalier de Ternay, arrived at Newport harbour, Long Island, on the 10th July, having on board six thousand troops, under the command of Count de Rochambeau, who, in order to prevent the repetition of previous disputes, was directed to put himself under Washington's orders ; and on all points of precedence and etiquette this was the first division of the promised reinforcements from France the French officers were to give place to the Americans. Washing- ton and Count de Rochambeau agreed upon an attack on New York. The British had in New York only four ships of the line and a few frigates ; but three days after the arrival of the French squadron. Admiral Graves reached New York with six ships of the line. Having now the naval superiority, the British, instead of waiting to be attacked, proposed to attack the French at Newport, and for which purpose Sir Henry Clinton embarked with six thousand men ; but as Sir Henry Clinton and Admiral Arbuthnot could not agree on a plan of operations, the British troops were disembarked. The fleet pro- ceeded to blockade the French ships, and the revolutionary army was obliged to remain at Newport for their protection. " News presently arrived that the F.rench second division was detained at Brest, blockaded there by another British squadron. Instead of being an assistance, the French auxiliaries threatened to be a burden; three thousand troops and five hundred militia were kept under arms at Newport to assist in guarding the French ships. Thus a third time as it seemed, almost a sort of fatality the attempt at French co-operation proved a failure."*

Sir Henry Clinton, on leaving the Count D'Estaing after his defeat at Savannah, had left the coast of Georgia with his fleet

Jersey, released by exchange from his tedious confinement in Connecticut, was made president. Washington, however, was in no condition to under- take an attack, and the winter passed off with few skirmishes." (Hildreth's History of the United States, Vol. III., Chap, xi., p. 303.) * Ih., pp. 311, 312.

VOL. II. 3

34 THE LOYALISTS OF AMERICA [CHAP. XXIX.

for France, determined to extend his military operations south, with a view completing the submission of the Southern States. Leaving the garrison of New York under the command of General Knyphausen, he proceeded in person on an expedi- tion against South Carolina, and besieged Charleston, the capital. Information had been obtained at Charleston of Sir Henry Clinton's intention two months before the arrival of his fleet and troops, and the city was fortified on all sides, and on its redoubts, lines, and batteries were mounted eighty pieces of cannon and mortars. The commander, General Lincoln, had a force of 7,000 men of all denominations under arms, and was ex- pecting large reinforcements. The army of Sir Henry Clinton was increased by a reinforcement of 3,000 men making in the whole about 9,000 men under his command.

At the commencement of the siege, the Governor of the State, by the extraordinary powers conferred upon him by the Legis- lature, issued a proclamation requiring such of the militia as were regularly drafted, and all the inhabitants and owners of jn^operty in the town, to repair to the American standard and join the garrison immediately, under pain of confiscation.

The siege commenced the 3rd of April, and was protracted to the 11th of May. The terms of capitulation proposed by each party in the earlier part of the siege were mutually declined. Cannonading continued on each side until the British opened batteries on the third parallel, played upon the American garri- son with cannon and mortars at a distance of less than a hundred yards, advanced within, twenty-five yards of the American works, and were ready for making a general assault by land and water when, on the 11th of May, " a great number of citizens addressed General Lincoln in a petition, expressing their acquiescence in the terms which Sir Henry Clinton had offered, and requested his acceptance of them. On the recep- tion of this petition. General Lincoln wrote to Sir Henry, and offered to accept the terms before proposed. The royal commanders, wishing to avoid the extremity of storming the city, and unwilling to press to unconditional submission an enemy whose friendship they wished to conciliate, returned a favourable answer. A capitulation was signed on the 12th of May, and Major General Leslie took possession of the town the

CHAP. XXIX.] AND THEIR TIMES. 35

next day. Upwards of 400 pieces of artiilery were surrendered.* By the articles of capitulation, the garrison was to march out of town and deposit their arms in front of the works, but the drums were not to beat a British march, nor the colours to be uncased. The continental troops and seamen were to keep their baggage and remain prisoners of war till exchanged. The militia were to be permitted to return to their respective homes, as prisoners on parole ; and while they adhered to their parole, were not to be molested by the British troops in person or property. The inhabitants, of all conditions, were to be considered as prisoners on parole, and to hold their property on the same terms with the militia. The officers of the army and navy were to retain their servants, swords, pistols, and baggage unsearched. They were permitted to sell their horses, but not to remove them. A vessel was allowed to proceed to Phila- delphia with General Lincoln's despatches unopened."-f-

Shortly after the capture of Charleston, Sir Henry Clinton embarked for New York with the principal part of his army ;.|

* " In the siege, tlie British lost seventy-six killed and one hundred and eighty-nine wounded ; the Americans about an equal number. The pri- soners, exclusive of sailors, amounted to five thousand six hundred and eighteen, counting all the adult males of the town." (Tucker's History of the United States, Vol. I., Chap, lii., p. 253.)

t Dr. Ramsay's History of the United States, Vol. II., Chap, xx., pp. 337, 338.

Yet in the face of the facts above stated by Dr. Ramsay, who was an officer on General Washington's staff, and afterwards member of Congress, where he had access to the official documents and letters from which he compiled his history, Mr. Bancroft makes the following statements and remarks : " The value of the spoil, which was distributed by English and Hessian commissaries of captures, amounted to about £300,000 sterling, so that the dividend of a major-general exceeded 4,000 guineas. There was no restraint on private rapine ; the silver plate of the planters was carried off ; all negroes that had belonged to the rebels were seized, even though they had themselves sought an asylum within the British lines ; and at one embarkation 2,000 were shipped to a market in the West Indies. British officers thought more of amassing fortunes than of reuniting the empire. The patriots were not allowed t^o appoint attorneys to manage or sell their estates, a sentence of confiscation hung over the whole land, and British protection was granted only in return for the unconditional promise of loyalty." (Bancroft's History of the United States, Vol. X., Chap, xiv., pp. 305, 306.)

X " Sir Henry Clinton, having left about 4,000 men for Southern service,

36 THE LOYALISTS OF AMERICA [CHAP. XXIX.

but before his departure he performed several important acts both as Royal Commissioner and as Commander-in-Chief of the army.

After the surrender of the capital, it was proposed to awe the disaffected and secure the universal submission of the people by sending out three expeditions.

" One expedition was sent by Clinton up the Savannah, to encourage the loyal and reduce the disaffected in the neighbour- hood of Augusta ; another proceeded for like purpose to the district of Ninety-Six, where Williamson surrendered his post and accepted British protection. A third and larger party, under Cornwallis, moved across the Santee towards Camden."*

These expeditions rather weakened than strengthened the influence of the British cause, as compulsion rather than con- ciliation was employed to re-establish British supremacy ; and

embarked early in June with the main army for New York. On his departure the command devolved on Lieutenant-General Cornwallis." (Dr. Ramsay's History of the United States, Vol. II., Chap, xx., p. 341.)

" They saw South Carolina apparently won back to the royal cause, and with some probability that North Carolina would follow the example. But at this crisis intelligence reached Sir Henry Clinton that the Americans upon the Hudson (under the command of General Washington) were ozi the point of receiving considerable succours ; that a French fleet sent to their aid, with several French regiments on board, might soon be expected off the New England coasts. Sir Henry deemed it his duty to provide in person for the safety of his principal charge. In the first days of June he accord- ingly re-embarked for New York, with a portion of his army ;- leaving, how- ever, about 4,000 men vmder Lord Cornwallis's command. The instructions given to Lord Cornwallis were to consider the maintenance of Charleston, and in general of South Carolina, as his main and indispensable objects ; but consistently with these, he was left at liberty to make ' a solid move,' as it was termed, into North Carolina, if he judged it proper or found it possible." (Lord Mahon's History, etc., .Vol. VII., Chap. Ixii., p. 70.)

On the eve of leaving Charleston for New York, Sir Henry reported to the British Colonial Minister, Lord Germaine : " The inhabitants from every quarter declare their allegiance to the King, and offer their services in arms. There are few men in South Carolina who are not either our prisoners or in arms with us."

* Bancroft's History of the United States, Vol. X., Chap, xiv., p. 306.

" The universal panic consequent on the capture of Charleston had sus- pended all resistance to the British army. The men of Beaufort, of Ninety- Six, and of Camden, had capitulated under the promise of security. They believed that they were to be treated as neutrals or as prisoners on parole. There remained to them no possil5ility of flight with their families ; and if

CHAP. XXIX.] AND THEIR TIMES. 37

the proclamations and orders issued by Sir Henry Clinton before his departure for New York, defeated rather than promoted the objects intended by them.*

After issuing his proclamation (for the purport of which see previous note), Sir Henry Clinton took his departure, with the major part of his army, for New York, leaving Lord Cornwallis in command with four thousand troops. -f-

they were inclined to take up arms, there was no American army around which they could rally." (Bancroft's History of the United States, Vol. X., Chap, xiv., p. 307.)

" No organized American force was now left in either of the Carolina?. The three most Southern States had not a battalion in the field, nor were the next three much better provided. The Virginia line had been mostly captured at Charleston, or dispersed in subsetpent engagements. The same was the case with the North Carolina regiments. The recent battle of Camden had reduced the Maryland line to a single regiment the Delaware line to a single company." (Hildreth's History of the United States, Vol. III., Chap, xi., p. 316.)

* " On the 22nd of May, confiscation of property and other punishments were denounced against all who should thereafter oppose the King in arms, or hinder any one from joining his forces. On the 1st of June, a procla- mation by the Commissioners Clinton and Arbuthnot, offered pardon to the penitent on their immediate return to allegiance ; to the loyal, the promise of their former political immunities, including freedom from taxation, except by their own Legislature. This policy of moderation might have familiar- ized the Carolinians once more to the British Government ; but the procla- mation was not communicated to Cornwallis so that when, three weeks later, two leading men, one of whom had been in a high station, and both principally concerned in the rebellion, went to that officer to surrender themselves under its provisions, he could only answer that he had no know- ledge of its existence.

" On the 3rd of June (the day of his departure from Charleston), Clinton, by a proclamation which he alone signed, cut up British authority in Carolina by the roots. He required all the inhabitants of the province, even those outside of Charleston, ' who were now prisoners on parole,' to take an active part in securing the royal government. ' Should thej^ neglect to return to their allegiance,' so ran the proclamation, ' they will be treated as rebels to the government of the King.' He never reflected that many who accepted protection from fear or convenience, did so in the expectation of living in a state of neutrality, and that they might say, ' If we must fight, let us fight on the side of our friends, of our countrymen of America.'" (Bancroft's History of the United States, Vol. X., Chap, xiv., pp. 307, 308.)

t " Earl (afterwards Marquis) Cornwallis was born in 1738. Early in life he had embraced the military profession, which he pursued with undeviating honour, though variable success. In him the want of any shining talents

38 THE LOYALISTS OF AMERICA [CHAP. XXIX.

" Lord Cornwallis, considering South Carolina as entirely re- annexed to Great Britain, would admit of no neutrality among the inhabitants ; but insisted on their taking the oath of alle- giance, which, however, was generally taken with reluctance by the people of the lower country. This part of the State was still further alienated by the" licentious and plundering habits of the British soldiers over a conquered country, and by the seduction of many of the slaves from their masters."*

There can be no justification of Lord Cornwallis's policy ; but there were some mitigating circumstances that palliate the severities which he inflicted. Among those who had been taken prisoners at the capture of Charleston, and professed loyalty, was, as Lord Mahon says, " One Lisle, who had not only taken the oath of allegiance, but accepted military rank as a King's officer ; waited just long enough to supply his battalion with clothes, arms, and ammunition from the royal stores, and then quietly led them back to his old friends. Highly incensed at such signal acts of treachery as Lisle's, Lord Cornwallis had recourse to some severe orders in return. The penalty of death was denounced against all militiamen

was in a great measure supplied by probity, by punctuality, by steady courage, by vigilant attention to his duties. In 1776, on the Declaratory Bill, he had shown his conciliatory temper to the colonies ; denying, with Lord Camden and only three Peers besides, any right we had to tax them while tliey remained unrepresented in the House of Commons. When, however, the war broke forth, he acted solelj"^ as became a soldier. Under Lord Cornwallis was now serving a young officer of no common spirit and daring, destined, like himself, to attain, at another period, the highest olfice that an Englishman out of England can fill the office of Governor-General of India. This was Francis Lord Rawdon, subsequently better known, first as Earl of Moira, and then as Marquis of Hastings. In the ensuing battle of Camden, where he held a second rank, he played a distinguished part ; he was not yet twenty-six years of age, and he had already gained renown five years before, in the battle of Bunker's Hill." (Lord Mahon's History, etc., Vol. VII., Chap. Ixii., p. 71.)

* Tucker's History of the United States, Vol. I., Chap, iii., p. 254.

" There was no longer any armed American force in South Carolina ; and Lord Cornwallis resorted to energetic means of preventing disaffection. All those who were found in arms after they had submitted to British protec- tion were considered as having forfeited their lives, and several of them were hung on the spot. But these severities, instead of their intended effect, produced a strong reaction." Ih., p. 256.

CHAP. XXIX.] AND THEIR TIMES. 39

who, after serving with the English, went off to the insurgents. Several of the prisoners in the battle of Camden, men taken with arms in their hands and British protections in their pockets, were hanged. Other such examples were made at Augusta and elsewhere. Some who had been living on their parole at Charleston, and who, in spite of that parole, carried on a secret correspondence with their insurgent countrymen, were shipped off to St. Augustine. A proclamation was issued, sequestering the estates of those who had been the most forward to oppose the establishment of the royal authority within the province. Perhaps these measures exceeded the bounds of justice ; certainly they did the bounds of policy. This was shown by the fatal event, when, on the overthrow of the royalist cause in South Carolina, the measures of Lord Cornwallis became the plea for other executions and for every act of oppression that resent- ment could devise."

" Within the more limited sphere of his own command, Lord Rawdon had recourse to, or at the very least announced, some measures still more severe, and far less to be justified. In a letter to one of his officers, which was intercepted, we find, for example, what follows : ' I will give the inhabitants ten guineas for the head of every deserter belonging to the volunteers of Ireland ; and five guineas only if they bring him in alive.' No amount of provocation or of precedent in his enemies, no degree of youthful ardour in himself, are at all adequate to excuse these most blamable words. When, however, he was called upon to vindicate them, Lord Rawdon declared that many of his threats were meant only ' to act on the fears and prejudices of the vulgar,' and by no means to be carried into practical effect."*

During the latter part of the year there were various skirmishes and battles between volunteer parties of Indepen- dents, under such leaders as Sumpter and Clarke, and detach- ments of the British army, with various success, but nothing which aftected the supremacy of the royal cause, though the moral influence of it was widely weakened by the arbitrary policy of the British commanders and the conduct of the British troops. The prospects of the revolution were very gloomy ,-|-

■* Lord Mahon's History, etc., Vol. VII., Chap. Ixii., pp. 75, 76.

t " While the war raged in South Carolina, the campaign of 1780, in the

40 THE LOYALISTS OF AMERICA [CHAP. XXIX.

and its leaders were much disheartened. In these circum- stances of depression and despondency, an earnest appeal was made to France for men and money,* and the transactions following show that the appeal was not made in vain, and that French ships and troops were the main instruments in deciding the battle which was followed by the acknowledg- ment of American Independence.-f-

Mr. Hildreth, referring to the close of this year, says : " So far, indeed, as related to America, Great Britain had good reason to be satisfied with the late campaign. Georgia was entirely subdued, and the royal government re-established. The

Northern States, was barren of important events. The campaign of 1780 passed away in the Northern States, as has been related, in successive disappointments and reiterated distresses. The country was exhausted ; the continental currency expiring. The army, for want of subsistence, was kept inactive and brooding over its calamities. While these disasters were openly menacing the ruin of the American cause, treachery was silently undermining it. . A distinguished officer (General Arnold) engaged, for a stipulated sum of money, to betray into the hands of the British an impor- tant post committed to his care," etc. (Dr. Ramsay's History of the United States, Vol. II., Chap, xxiv., pp. 364—377.)

* " Congress could do nothing, and confessed that it could do nothing. ' We have required,' thus they wrote to the States on the 15th of January, 1781, ' aids of men, provisions and money ; the States alone have authority to execute.' Since Congress itself made a public confession of its powerlessnegs, nothing remained but to appeal to France for rescue, not from a foreign enemy, but from the evils consequent on its own want of 'government. ' If France lends not a speedy aid,' wrote General Greene from the South to her Minister in Philadelphia, 'I fear the country will be for ever lost.' It was therefore resolved for the moment to despatch to Versailles, as a special minister, one who had lived in the midst of the ever-increasing distresses of the army, to set them before the Government of France in the most striking light. The choice fell on the younger Laurens, of South Carolina. To this agent Washington confided a statement of the condition of the country ; and with dignity and candour avowed that it had reached a crisis out of which it could not rise by its own unassisted strength. To Franklin he wrote in the same strain ; and La Fayette addressed a like memorial of ripe wisdom to Vergennes " (the French Minister for Foreign Affairs). (Bancroft's History of the United States, Vol. X., Chap., xix., pp. 417, 418.)

" Scarce any one of the States had as yet sent an eighth part of its quota into the field ; and there was no prospect of a glorious offensive campaign, unless their generous allies should help them with money, and with a fleet strong enough to secure the superiority at sea." lb., p. 425.

t It was in the latter part of this year, 1780, that the treachery of General Arnold and the melancholy tragedy of Major Andre's execution took place.

CHAP. XXIX.] AND THEIR TIMES. 41

possession of Charleston, Augusta, Ninety-Six, and Camden, supported by an army in the field, secured entire control over all the wealthy parts of South Carolina. North Carolina was full of Tories, anxiously awaiting the approach of Cornwallis. The three Southern States were incapable of helping them- selves, and those further north, exhausted and penniless, were little able to send assistance. It seemed as if the promises so often made by Lord George Germaine's American correspon- dents were now about to be fulfilled, and the rebel colonies to sink beneath the accumulated pressure of this long-protracted struggle.*

Thus, at the close of 1780, the military conflicts were almost invariably successful on the side of the British ; the resources of the revolutionists in both money and men were exhausted, and their hopes of success utterly extinguished without foreign aid. But though the British were successful on the fields of battle, they everywhere lost in the confidence, esteem, and affections of the people, even of the Loyalists. Yet the prospects of the war party of independence were gloomy indeed. General Washing- ton felt that some great achievement was necessary to revive the hopes of his fellow-countrymen, and save from' dissolution his daily decreasing army. His only hope was in aid from France. His words were :

"Without an immediate, ample, and efficacious succour in money, we may make a feeble and expiring effort in our next campaign, w all probability the period of our opposition. Next to a loan in money, a constant naval superiority on these coasts is the object the most interesting."

* Hildreth's Histoiy of the United States, Vol. III., Chap, xli., p. 331.

" Though British conquests had rapidly succeeded each other, yet no advan- tages accrued to the victors. The minds of the people vrere unsubdued, or rather were alienated from every idea of returning to their former allegiance. Such was their temper, that the expense of retaining them in subjection would have exceeded all the profits of the conquest. British garrisons kept down open resistance, in the vicinity of the places where they were estab- lished ; but as soon as they were withdrawn and the people left to them- selves, a spirit of revolt hostile to Great Britain always displayed itself ; and the standard of independence, whenever it was prudently raised, never wanted followers among the active and spirited part of the community." (Dr. Ramsay's History of the United States, Vol. II., Chap, xx., p. 363.)

4Z THE LOYALISTS OF AMEBICA [CHAP. XXX.

CHAPTER XXX,

The French and Congress Allies in 1781 Recover Virginia- Surrender OF Lord Cornwallis Results.

Under the adverse circumstances and gloom which attended and closed the year 1780, as stated in the preceding chajjter, Washington felt the necessity of doing something bold and great to revive the confidence of his countrymen and arrest the decline of his army.

Under these circumstances, a campaign of operations was devised and agreed upon by Washington and the commander of the French troops. The centres of British power in America were the army of about ten thousand men in New York, under the immediate command of Sir Henry Clinton, who was, indeed, Commander-in-Chief of the British forces in North America; and secondly, the army of Virginia, about seven ths^usand men, under the command of Earl Cornwallis; and thirdly, the gar- rison of Charleston, South Carolina, under the command of Lord Rawdon ; Savannah, the capital of Georgia, was also occupied by a British garrison. Washington's plan was to pre- tend an attack upon New York, but to make a real attack upon the army of Virginia, with the view of extinguishing British power in the Southern States. So well was the appearance of an intended attack upon New York kept up, that Sir Henry Clinton made all needful preparations for its defence, and actually ordered Lord Cornwallis to send a detachment of his men to New York to strengthen its defence; but after their embarkation for that purpose the order was countermanded, and Lord Cornwallis was allowed to retain them. Nothing could be more complete than the deception practised upon Sir

CHAP. XXX.] AND THPZIR TIMES. 43

Henry Clinton ; nor did he suspect the real intention of the allied armies until they had crossed the Hudson and were on their way, through the Jerseys, Pennyslvania, and Maryland, to Virginia.*

" In the latter end of August," says Dr. Ramsay, " the American army began their march to Virginia from the neigh- bourhood of New York. . Washington had advanced as far as Chester before he received information of the arrival of De Grasse. The French troops marched at the same time, for the same place. In the course of this summer they passed through all the extensive settlements which lie between Newport and Yorktown. It seldom if ever happened before, that an army led through a foreign country at so great a distance from their own, among a people of different principles, customs, language, and religion, behaved with so much regularity. In their march to Yorktown they had to pass through five hundred miles of a country abounding in fruit, and at a time when the most delicious productions of nature, growing on and near the public highways, presented both opportunity and temptation to gratify

* It appears, however, that in the first consultation, which " took place at Weathersfield, between Generals Washington, Knox, and Dn Portail on the part of the Americans, and Count de Eochambeau and the Chevalier Chastelhix on the part of the French, it was agreed to lay siege to New York in concert with the French fleet, which was to arrive on the coast in the month of August. Washington addressed letters to the executive officers of New Hampshire, Massachusetts, Connecticut, and New Jersey, requiring them to fill up their battalions, and to have their quotas of six thousand two hundred militia in readiness within a week after the time they might be called for. But all these States not adding five hundred men to Wash- ington's army, Sir Henry Clinton having received a reinforcement of three thousand Germans, and intelligence having been received that Count de Grasse, with a French fleet of twenty-eight ships and seven thousand troops (besides seamen), had sailed for the Chesapeake, Washington and Count de Eochambeau changed their plan of operations and determined to proceed to Virginia, and, in combination with the French fleet and soldiers, to capture the army under the command of Earl Cornwallis in Virginia. The appear- ance of an intention to attack New York was nevertheless kept up. While this deception was played off, the allied army crossed the North Eiver on August 24th, and passed on by tlie way of Philadephia through tlie inter- mediate country to Yorktown, Virginia. An attempt to reduce the British force in Virginia promised success with more expedition, and to secure an object of nearly equal importance to the reduction of New York.'> (Eamsay's History of the United States, Vol. II., Chap, xxv., pp. 448 451.)

44 THE LOYALISTS OF AMERICA [CHAP. XXX.

their -appetites, yet so complete was tbeir discipline, that in this long march scarce an instance could be produced of a peach or an apple being taken without the consent of the inhabitants."*

On the 14th of September, Washington and De Rochambeau, in advance of their armies and with their respective staffs of officers, arrived at Williamsburg ; and with Generals Chastellux, Du Portail, and Knox, visited Count de Grasse on board his famous ship, the Ville de Paris, and agreed on the plan ,of operations against Earl Cornwallis at Yorktown, on York river, to which the allied armies at once proceeded, for the purpose of besieging it. On the 1st day of October, General Washing- ton was able to report to the President of Congress that the investment of the place was completed. " Gloucester (on the opposite side of the river, not a mile wide there), which was held by Colonel Dundas, w^s beleaguered by some Virginian troops, and by the French legion of the Duke de Lauzun. Yorktown, where Cornwallis in person, and with his main force, commanded, saw to his left the division of La Fayette, and to his right the division of St. Simon. Other bodies of troops- filled the space between them, while Washington and Rochambeau fixed their posts near together, towards the centre. They brought up fifty pieces of cannon, for the most part heavy, by aid from the French ships, as also sixteen mortars, and they lost no time in commencing their first parallel against the town.-f- By the 9th the first parallel was completed, when the town and its defences were cannonaded and shelled. Within another week a second parallel was completed within

* Dr. Ramsay'.s History of the United States, Vol. II., Chap, xxv., pp. 450, 451.

t Lord Mahon's History of England, etc., Vol. VII., Chap. Ixiv., p. 172.

" On the other hand, Lord Cornwallis is admitted to have shown most undaunted resolution. The officers under him, and the troops, German and English, all did their duty well. For some weeks they had laboured hard, and unremittingly, in raising their defences ; and they were now prepared with equal spirit to maintain their half-completed works. But besides the enemy without, they had another within an epidemic sickness, that stretched many hundreds helpless in their pallet-beds. Nor could they hinder Washington from completing his first parallel and opening his fire upon them in the evening of the 9th of October. For two days the fire was incessant from heavy cannon, and from mortars and howitzers, throwing

CHAP. XXX.] AND THEIR TIMES. 45

three hundred yards of the defences, two redoubts stormed and taken one by the French and the other by the Americans and the further defence of the town rendered impossible.

Down to this time, the loth of October, Lord Cornwallis had expected reinforcements of ships and troops from New York ;* but he now despaired of aid from that quarter, and attempted to escape with his army in the night across the river, which was prevented by a storm, when the only alternative left him was to surrender on the best terms he could obtain. On the morning of the l7th he sent a flag of truce to Washington, proposing a cessation of arms, and a treaty for the capitulation of his post. Hostilities ceased ; the terms of surrender were discussed and agreed upon on the 18th by four commissioners, two field officers being named on each side. The army, and all that belonged to it, was svirrendered to Washington ; and the ships and seamen to Count de Grasse " (Tucker).

" All the artillery and public stores in the two forts, together with the shipping and boats in the two harbours, were to be surrendered by the English. On the other hand, private pro- shells in showers on the town, until, says Cornwallis, all our guns on the left were silenced, our works much damaged, and our loss of men considerahle. By these shells, also, the Charon, a ship of forty-four guns, together with three British transports in the river, were set in flames and consumed." lb., p. 173.

* Before the investment of Yorktown, Lord Cornwallis sent a despatch to Sir Henry Clinton, informing him of the delicacy and danger of his situation, and requesting reinforcements. On the evening of the 29th of September, Lord Cornwallis was cheered by the arrival of an express, bringing despatches from Sir Henry Clinton, dated the 24th, informing him that by the 5th of October a fleet of twenty-three sail of the line, three of which were three- deckers, with 5,000 men, rank and file, would start for his assistance. The auxiliary forces at New York were ready 'and eager to depart by the 5th of October ; but the ships were delayed by the slowness and obstinacy of Admiral Arbuthnot. -Sir Henry Clinton writes ; " We had the misfortune to see almost every succeeding day produce some naval obstruction or other to protract our departure ; and I am sorry to add, that it was the afternoon of the 19th before the fleet was fairly at sea. This was the day of Lord Cornwallis's capitulation. Five days afterwards the fleet with the 5,000 troops arrived oft" the Chesapeake, when they received the news of the sur- render of Lord Cornwallis, and sailed back to New York. Had these auxiliary forces started from New York at the time promised, the siege of Yorktown would have been raised, the allied army defeated, and Lord Cornwallis and his little army would have been victors instead of prisoners,"

46 THE LOYALISTS OF AMERICA [CHAP. XXX.

perty. of every kind was to be respected by the Americans and French. The garrisons of York and Gloucester were to march out with the same honours of war as had been granted by Sir Henry Clinton at Charleston ; the land forces to remain prisoners of the United States, and the naval forces prisoners of France. The soldiers were to be kept in Virginia, Mary- land, or Pennsylvania, and as much by regiments as possible. The general staff and other officers not left with the troops to be permitted to go to New York, or to Europe, on parole."*

The battle of Yorktown, and the surrender of Lord Corn- wallis to the arms of the French and the Americans, may be regarded as the last battle of importance of the civil war in America. American writers and orators are fond of saying that here was brought face to face on the battle-field the strength of Old England and Young America, and the latter prevailed. No statement can be more unfounded, and no boast more groundless than this. England, without an ally, was at war with three kingdoms France, Spain, and Holland the most potent naval and military powers of Europe ; while were also arrayed against her, by an "armed neutrality," Russia,

* Lord Mahon's History of England, etc., Vol. VII., Chap. Ixiv., pp. 177, 178.

" The otficers were to retain their side arms and private property of every kind, but all property obviously belonging to inhabitants of the United States to be subject to be reclaimed ; the soldiers to be supplied with the same rations as were allowed to soldiers in the service of Congress. Corn- wallis endeavoured to obtain permission for the British and German troops to return to their respective countries, under no other restrictions than an engagement not to serve against France or America. He also tried to obtain an indemnity for those of the inhabitants who had joined him ; but he was obliged to recede from the former, and also to consent that the loyalists in his camp should be given up to the unconditional mercy of their countrymen. His lordship, nevertheless, obtained (from Washington) permission for the Bonetta sloop of war to pass unexamined to New York. This gave an opportunity of screening such of the loyalists as were most obnoxious to the Americans." (Dr. Ramsay's History of the United States, Vol. II., Chap. XXV., pp. 454, 455.)

" The regular troops of France and America, employed in this siege, con- sisted of about 7,000 of the former (besides ships and seamen), and 5,500 of the latter ; and they were assisted by about 4,000 mUitia. The troops of every kind that stirrendered prisoners of war were about 7,000 ; but so great was the number of the sick and wounded, that there were only 3,800 capable of bearing arms."— /6., p. 455.

CHAP. XXX.] AND THEIR TIMES. 47

Prussia, Denmark, and Sweden. England was armed to the teeth for the defence of her own shores against threatened invasion, while her navies were maintaining in sundry battles the honour of the British flag on three seas.

A small part only of the British land and naval forces was on the coast of America ; yet there were garrisons at Savannah and Charleston, and a much larger military force at New York, under the command of Sir Henry Clinton, than that of York- town, under Lord Cornwallis. In the following campaign the English fleet was victorious over the French fleet in the West Indies, capturing the great ship Ville de Paris, and taking Count de Grasse himself prisoner. In the siege of Yorktown there were about 18,000 of the allied army of French and Ameri- cans, besides ships of the line and sailors, while the effective men under command of Lord Cornwallis amounted to less than 4,000. It was a marvel of skill and courage that with an army so small, and in a town so exposed and so incapable of being strongly fortified, and against an allied force so overwhelming, Lord Cornwallis was able to sustain a siege for a fortnight, until he despaired of reinforcements from New York.

Be it also observed, that the greater part of the forces besieging Yorktown were not Americans, but French, who supplied the shipping and artillery ; in short, all the attacking forces by water, and a duplicate land enemy the one part under the command of Count de Rochambeau, and the other part under the command of the Marquis de La Fayette. Had it not been for the French fleet and the French land forces, Washington would not have attempted an attack upon Yorktown. The success of the siege was, therefore, more French than American, though Washington had the nominal command of the allied army.

No one can doubt the undaunted courage and matchless skill of Washington, and his great superiority over any English general ever sent against him ; nor can the bravery and en- durance of his army be justly questioned ; nor the dash and boldness and gallantry of the French army. But it is idle to speak of the siege of Yorktown as a trial of strength between Young America and Old England. And it is equally incorrect to say that the resources of England, in men or money, in ships or land forces, were exhausted, or that England was compelled

48 THE LOYALISTS OF AMERICA [OHAP. XXX

to make peace in consequence of the disaster of Lord Corn- wallis. There had been a peace party, both in and out of Parliament, opposed to the American war from the beginning. That party included some of the ablest statesmen in England, and increased in strength and influence from year to year, by exposing the incompetence, extravagance, and corruption of the Administration, the failure of all their plans, and the non-fullilment of any of their promises in regard to America ; that although they could defeat the Americans in the field of battle, they had not conquered and they could not conquer the hearts of the people, who became more and more alienated from England by the very example and depredations of the British officers and soldiers. The surrender of Lord Cornwallis, the importance of which was greatly magnified, increased the intensity of English feeling against the continuance of the American war, until the peace party actually gained a majority in the House of Commons, compelled the retirement of the old and corrupt Ministry, which had been the cause of all the oppressions in the American colonies and all the miseries of the war. , Session after session, the leaders of the Opposition in both the Lords and Commons moved resolutions condemning the American war and the manner of conducting it ; the Duke of Richmond, the Marquis of Rockingham, the Earl of Shelburne in the Lords ; and General Conway, Mr. Fox, Mr. Burke, Lord John Cavendish, Mr. Hartley, Mr. Dunning (afterwards Lord Ashburton), and Sir James Lowther in the Commons. Several resolutions were introduced into the Commons condem- natory of the war in America, with a view of reducing the colonies to submission, and were defeated by small majorities in one a majority of ten, and in another a majority of only one. At length they were censured and rejected by the Commons without a division.

On the 22nd of February, General Conway moved " That an address should be presented to his Majesty, to implore his Majesty to listen to the advice of his Commons, that the war in America might no longer be pursued for the impracticable purpose of reducing the inhabitants of that country to obedience by force, and to express their hopes that his Majesty's desire to restore the public tranquillity might be forwarded and made efiectual by a happy reconciliation with the revolted colonies."

CHAP. XXX.]

AND THEIR TIMES.

49

After a lengthened debate, this resolution was negatived one hundred and ninety-three for the resolution, against it one hundred and ninety -four a majority of one for the continu- ance of the war.

The motion having been objected to as vague in its terms, General Conway, on the 27th of February, introduced another motion, the same in substance with the previous one, but varied in phraseology, so as to meet the rules of the House, and more explicit in its terms. This resolution was strongly opposed by the Ministry ; and after a long debate the Attorney -General moved the adjournment of the House: For the adjournment voted two hundred and fifteen; against it, two hundred and thirty-four majority of nineteen against the Ministry so that the original question, and an address to the King, framed upon the resolution, were then carried without a division.* The King returned a gracious but vague answer.

General Conway, after moving a vote of thanks to the King for his gracious answer, followed by moving a resolution : " That this House would consider as enemies to his Majesty and the country all those who should advise or by any means at- tempt the further prosecution of oflensive war, on the continent of North America, for the purpose of reducing the revolted colonies to obedience by force." This motion, after a feeble oppo- sition from the Ministry, was allowed to pass without a division.

It might be supposed, under these circumstances, that the Ministry would forthwith resign ; but they continued to hold on to office, which they had held for twelve years, to the great injury of England and her colonies.

* During fhe discussion on this question, it had been argued that the Americans are fed, clothed, and paid by France ; they are led on by French officers ; the French and the American armies are incorporated into one ; it was merely a locality that should give name to a war. France had formerly been fought with success in Germany, and there could be no solid objection to fighting her in America. General Conway argued that French troops did not cost more than ^£40 per man a year, while the expense of the English troops cost £100 per man a year. General Conway reminded the House that though seventy -three thousand men were voted and paid for, we had never above half that number in actual service. Government had, therefore, only to complete the regiments, and they would have more men in America than ever they had before." (Annual Register of Parliament for 1782, pp. 158—161.)

VOL. II. 4

50 THE LOYALISTS OF AMERICA [CHAP. XXX.

To bring the matter to an issue, the following resolution was moved on the 8th of March by Lord John Cavendish, seconded by Mr. Powys :

"That it appears to this House, that since the year 1775 upwards of one hundred millions of money have been expended on the army and navy in a fruitless war.

" That it appears to this House, that during the above period we have lost the thirteen colonies of America, which anciently belonged to the Crown of Great Britain (except the ports of New York, Charleston, and Savannah), the newly acquired colony of Florida, many of our valuable West India and other islands, and those that remain are in the utmost danger.

" That it appears to this House, that Great Britain is afe present engaged in an expensive war with America, France, Spain, and Holland, without a single ally.

" That it appears to this House, that the chief cause of all these misfortunes has been the want of foresight and ability in his Majesty's Ministers.*"

The facts stated in the first three of these resolutions were admitted on all sides ; the discussion, therefore, turned upon the conclusion drawn in the last resolution, the justice of which was patent to all from the uniform failure and disgrace of the policy and all the separate measures of Ministers during the whole of their administration. It was attempted to be argued, in defence of Ministers, that misfortune did not always prove misconduct ; that the failure of execution of measures might depend, not on those who planned them, but on the fault of those who were to execute them. But " this sfrovmd," savs the Parliamentary Register, " appeared so weak, even to the friends of the Administration, that it was almost entirely deserted, except by the Ministers themselves ; and the question was taken up with great art and ingenuity on other topics, as to who would succeed the Administration they were endeavouring to remove, and the diversity of opinions among them. But the efforts on the part of Ministers and their friends to create jealousies and discords among the members of the Opposition proved fruitless ; and when the final vote was proposed, the Secretary of War evaded it by moving the order of the day, which was carried by a majority of ten."

* Annual Eegister of Parliament for 1782, Vol. XXIX., p. 173.

CHAP. XXX.] AND THEIR TIMES. 51

In the interval between the 8th and 14th, every intrigue was employed to create discord among the members of the Opposition, and to bring about a coalition under the presidency of Lord North, and a resolution was moved to that effect, which was lost by a majority of only nine.

The Earl of Surrey gave notice that on the morning of the 20th inst. he would move, in substance, Lord John Caven- dish's resolution directly condemnatory of the Ministry. On that morning Lord North and the Earl of Surrey rose at the same moment, and neither would give way to the other. The general cry was " Lord Surrey, and no adjournment." As soon as the House could be reduced to order, it was moved " That the Earl of Surrey be now heard," when Lord North, having obtained the right to speak, said, " I rise to speak to the motion before the House." He observed that had he been suffered to proceed before, he believed much unnecessary heat and disorder would have been prevented. He meant no disrespect to the noble earl ; but as notice had been given that the object of the intended motion was the removal of his Majesty's Ministers, he meant to have acquainted the House that such a motion had become unnecessary. He could assure the House with authority that the present Administration was no more, and that his Majesty had come to a full determination of changing his Ministers ; and that it was for the purpose of giving necessary time for new arrangements that he meant to have moved an adjournment.

The noble lord then took leave of the House as a Minister of the Crown, and with many kind and courteous words thanked them for the honourable support they had given him during so long a course of years.*

Abridged from the Parliamentary Register for 1782, Vol. XXV., Chap, vii. See also Lord Mahon's History of England, etc., Vol. VII., Chap. Ixv.

Lord Mahon concludes his account of this Administration as follows :

" Thus ended Lord North's Administration of twelve years. It is certainly strange, on contemplating these twelve years, to find so many harsh and rigorous measures proceed from the most gentle and good-humoured of Prime Ministers. Happy, had but greater firmness in maintaining his own opinions been joined to so much ability in defending opinions even when not his own.

" Even as to the disasters and miscarriages, however, which could not be denied in his Administration, the friends of Lord North contended that in

52 THE LOYALISTS OF AMERICA [CHAP. XXX.

By such blows following each other in the Commons, in rapid succession and with accelerated force, was driven from power an Administration which had inflicted greater evils upon the Crown, the constitution, the people of England and of the colonies, than any Administration since the Revolution of ] 688.*

truth he was not answerable for them. The points in his favour were argued a few days before his fall hy Mr. George Onslow in the House of Commons. 'Why,' said Mr. Onslow, 'have we in this war with America such ill success ? Mainly,' he continued, ' from the support and countenance given in that House to American rebellion. The army of Washington had been called by the Opposition " our army ;" the cause of the Americans had been called "the cause of liberty ;" and one gentleman (this was Mr. Burke), while lavishing his praises on Dr. Franklin and Mr, Laurens, had declared he would prefer a prison with them to freedom in company with those who were supporting the cause of England.' But this vindication, though spirited, nay, though true, is fault)^ ; because, though true, it is not the whole truth ; because it overlooks what no statesman should the certainty that when free principles are at stake, dissensions will always arise in a free country." lb., pp. 209, 210.

* I have not a shadow of doubt, that had the leaders in Congress adhered to their pretensions of contending and fighting for British constitutional rights, as aforetime, instead of renouncing those rights and declaring Independence in 1776, the changes which took place in the Adminis- tration in England in 1783 would have taken place in 1777 ; for the corrupt Administration showed as strong symptoms of decline, and was as manifestly " tottering to its fall" in the parliamentary session which commenced in 1776, as it did in the session which commenced in 1782. In both cases its predictions and assured successes had been completely falsified ; in both cases the indignation of the nation was aroused against the Administration, and the confidence of Parliament was on the point of being withdrawn in 1776-77, as it was withdrawn in the session of 1782-83 ; but in 1776, the Congress, instead of adhering to its heretofore professed principles, was induced by its leaders, as related in Chapter xxvi., to renounce its former principles ; to falsify all its former professions to its advocates in England and fellow-subjects in America ; to renounce the maintenance of the constitutional rights of British subjects ; to adopt a Declaration of Independence, of eternal separation from England ; to extinguish the national life of the British empire and the unity of the Anglo-Saxon race, and seek an alliance with their own and Great Britain's hereditary enemies for a war upon their mother country, which had protected them for a hundred years against the French and Spaniards, who had also employed and rewarded the Indians to destroy them.

CHAP. XXXI,] AND THEIR TIMES. 53

CHAPTER XXXI.

Change of Administration in England Change of Policy for both England and the Colonies Peace Negotiations at Paris The Cause of the United Empire Loyalists.

During the adjournment of Parliament from the 24th to the 28th of March, the new Administration was formed, and announced in the Commons on the 28th, when the House ad- journed over the Easter holidays, to give time for the re-elec- tion of such members as had accepted office. The King first sent for the Earl of Shelburne to form a new Administration, naming some members of it ; but the Earl of Shelburne declined, as unable to form an Administration upon such con- ditions, and recommended the King to send for the Marqviis of Rockingham. The King refused to see Rockingham face to face, but requested Shelburne to be the bearer of a message to him ; but Shelburne only consented on the condition of " full power and full confidence." " Necessity," relates the King, "made me yield to the advice of Lord Shelburne." Before accepting the offer of First Lord of the Treasury, the Mar- quis of Rockingham, without neglecting some minor matters, stipulated that there should be no veto to the independence of America.* But it was nearly three months before an Act passed

* The new Cabinet was composed as follows : The Marquis of Rocking- ham, First Commissioner of the Treasury ; tlie Earl of Shelburne and Mr. Fox, Secretaries of State ; Lord Camden, President of the Council : Duke of Grafton, Privy Seal ; Lord John Cavendish, Chancellor of the Exchequer ; Admiral Keppel, raised to be a Viscount, First Commissioner of the Admiralty; General Conway, Commander of the Ydices ; Duke of Richmond, Master General of the Ordnance. Lord Thurlow was continued in the office of

54 THE LOYALISTS OF AMERICA [CHAP. XXXI.

the Commons authorizing peace with America, and the ac- knowledgment of American Independence, and it was nearly a year before the treaty for that purpose was agreed upon.

In the meantime, " Immediately before the fall of Lord North's Ministry, in anticipation of that event, Dr. Franklin had written from Paris to Lord Shelburne with general expressions of his pacific views. On receiving that letter. Lord Shelburne, then Secretary of State, sent to Paris, as agent, Mr. Richard Oswald, a London merchant well versed in American affairs. Dr. Frank- lin readily conferred with Mr. Oswald, and put into his hands a paper drawn up by himself, suggesting that, in order to pro- duce a thorough reconciliation, and to prevent any future quarrel on the North American continent, England should not only acknowledge the thirteen united States, but concede to them the Province of Canada. Such a project was not likely to find favour in the eyes of any British statesman. Mr. Oswald, however, undertook to return to England and lay it before his chief, Dr. Franklin, at his departure, expressing an earnest hope that all future communications to himself might pass through the same hands.

" Under these circumstances, the Cabinet determined that Mr. Oswald should go back to France and carry on the treaty with " Franklin, though by no means with such concessions as the American philosopher desired."*

Lord High Chancellor, and Mr. Dunning raised to the peerage under the title of Lord Ashburton, as Chancellor of the Duchy of Lancaster. Mr. Burke was not made a member of the Cabinet, but was appointed to the lucrative ofhce of Paymaster of the Forces, and was further gratified by the appointment of his son to a small office.

About six months after the formation of the new Cabinet the Marquis of Rockingham died, and the Earl of Shelburne was appointed to succeed him, when the Duke of Richmond, Mr. Fox, and Lord John Cavendish seceded from the Cabinet, and were succeeded by Mr. Thomas Townsend and Lord Graham as Secretaries of State, while the place of Lord John Cavendish, as Chancellor of the Exchequer, was more than filled by Mr. Pitt.

* Lord Mahon's History of England, etc.. Vol. VII., Chap. Ixvi pp 265 266.

" At Paris, the negotiations had been much impeded by the resignation of Mr. Fox and the return of Grenville. These events had, in many^minds, cast a shade of doubt over the true intentions of the British Government.' Lord Shelburne, however, renewed* the most pacific assurances, sending to Paris, in place of Mr. Grenville and conjointly with Mr. Oswald, Mr. Alleyne

CHAP, XXXI.] AND THEIR TIMES. 55

After the termination of hostilities between Great Britain and the colonies, the American Commissioners evinced a desire to treat with England alone. Mr. Oswald, as early as July, 1782, wrote privately to Lord Shelburne, " The Commissioners

Fitzherbert, well known in after years as Lord St. Helens. These gentlemen acted in amity and concert with each other, although, strictly speaking, negotiation with America was, as before, the province of Mr. Oswald, and negotiation with the European Powers the province of Mr. Fitzherbert. Dr. Franklin, on the other hand, had associated with him three other American Commissioners, arriving in succession first, Mr. Jay, from Spain ; then Mr. Adams, from Holland ; and finally, Mr. Laurens, from London.

" It became, ere long, apparent to the British agents that the Courts of France and Spain were by no means earnest and sincere in the wish for an immediate close of the war. With the hope of soon reducing Gibraltar, or of otherwise depressing England, they put forward at this time either inad- missible pretensions, or vague and ambiguous words. It therefore became an object of great importance to negotiate, if possible, a separate pacification with America. At first sight there appeared almost insuperable difficulties in the way of such a scheme. The treaty of alliance of February, 1778, between France and the United States, stipulated in the most positive terms that neither party should conclude a peace or truce with England, unless with the consent of the other party first obtained. Since that time the French, far from falling short of their engagement, had gone much beyond it. To say nothing of their despatch of a fleet and army, and besides their annual loans and advances to the United States, they had made, in 1781, a free gift of six millions of livres, and in the spring of 1782 granted another to the same amount.

" On the other hand, however, there was a strong temptation to treat without delay. War, if still waged, would be mainly for French and Spanish purposes. It could be made clear that when the independence of the Americans was fully established and secured, they had no interest any more than England in continuing an unprofitable contest." J6., pp. 291 293.

" Moreover, there had sprung up in the minds of the American Commis- sioners at Paris a strong feeling of distrust and suspicion against their new allies. That feeling we find most plainly expressed by Mr. Adams in relat- ing his own conversations with Mr, Oswald. ' You are afraid,' said Mr. Oswald to-day, * of being made the tools of the Powers of Europe V ' Indeed I am,' said I. ' Wliat Powers V said he. ' All of them,' said I.

" But in the minds of the American Commissioners, the distrust against France was more vehement tJian against any other State. The best American writers of the present day acknowledge that all surmises thence arising were, in truth, ill-founded ; that the conduct of France towards the United States had been marked throughout not only by good faith and honour, but by generosity." (Lord Mahon's History of England, etc, VoL VIL, Chap. Ixvi., pp. 293, 294.)

56 THE LOYALISTS OF AMERICA [CHAP. XXXI,

of the colonies have shown a desire to treat and to end with us on a separate footing from the other Powers." " The separate negotiation thus arising was delayed," says Lord Mahon, " first by the severe illness of Dr. Franklin, and next by some points of form in the commission of Mr. Oswald. When at length the more solid part of the negotiation was commenced, the hints of Franklin for the cession of Canada were quietly dropped, with greater ease from their having been transmitted in a confidential form. It is also worthy of note that Lord Shelburne prevailed, in his desire of acknowledging the independence of the United States, by an article of the treaty, and not, as Mr. Fox had wished, by a previous declaration."

The two most difficult questions of the treaty related to the fishing grounds of Newfoundland, and the Loyalists or "Tories," as they were called. The English were unwilling to concede the use of the fishing grounds, but the Americans were firm ; the result was, that by the provisions of the treaty it was agreed that the Americans should have the right to take fish on the banks of Newfoundland, but not to dry or cure them on any of the King's settled dominions.*

* In the preamble of the treaty, it was provided that " The treaty was not to be concluded until terms of peace shall be agreed upon between Great Britain and France." By this limitation (which was a mere form, as the provisional articles were to be meanwhile binding and effective), the Americans were in hopes of avoiding, at least of softening, their French allies. " The tirst Article acknowledged in the fullest terms the independence of the United States. The second fixed their boundaries, and certainly to their advantage. The third gave their people the right to take fish on all the banks of Newfoundland, but not to dry or cure them on any of the King's settled dominions in America. By the fourth, fifth, and sixth Articles, it was engaged that Congress should earnestly recommend to the several Legisla- tures to provide for the restitution of all estates belonging to real British subjects who had not borne arms against them. All other persons were to be at liberty to go to any of the provinces and remain there for twelve months to wind up clieir affairs, the Congress also recommending the resti- tution of their confiscated property, on their repayment of the sums for which they had been sold. No impediment was to be put in the way of recovering bona fide debts; no further prosecutions were to be commenced, no further con- fiscations made. It was likewise stipulated in the seventh and eighth Articles that the English should at once withdraw their fleets and armies from every port or place which they still possessed within the limits of the United States; and that the navigation of the Mississippi, from its source to the ocean

CHAP. XXXI.] AND THEIR TIMES. 57

But the question which transcended all others in importance, with which this work has chiefly to do, was that of the Loyalists a class which, by the testimony of American his- torians themselves, constituted, at the beginning of the war, a majority of the population of the colonies. Their numbers had been greatly reduced from various causes during the war ; they had been plundered and scattered by the alternate ascen- dancy of opposite parties ; they had all of them suffered in their property and liberty ; many of them had suffered imprison- ment, and not a few of them had been executed as criminals for preferring their oath of allegiance and connection with the mother country to a renunciation of their former profession of faith, and absolute submission to a nearly self -created authority of rule and a new political creed. At the conclusion of the war, and in the treaty of peace, " the question of Loyalists or Tories," says Lord Mahon, " was, as it ought to be, a main object with the British Government to obtain, if possible, some resti- tution to the men who, in punishment for their continued alle- giance to the King, had found their property confiscated and

should be for ever free and open to both parties." (Lord Mahon's History, etc., Vol. VII., Chap. Ixvi., pp. 297, 298.)

" It is not to be supposed that the French Government could view with unconcern the studied secrecy of this negotiation. The appearances of amity were, indeed, for the sake of miitual interest, kept up on either side. But thus did the Comte de Vergennes (the French Minister of Foreign Affiiirs) unbosom himself in writing to the French Minister at Philadelphia : ' You will surely be gratified, as well as myself, with the very extensive advantages which our allies, the Americans, are to receive from the peace ; b\it you certainly will not be less surprised than I have been with the conduct of the commissioners. * * They have cautiously kept themselves at a distance from me. Whenever I have had occasion to see any one of them, and enquire of them briefly respecting the progress of the negotiation, they have constantly clothed their speech in generalities, giving me to understand that it did not go forward, and that they had no confidence in the sincerity of the British Ministry. Judge of my surprise when, on the 30th of November, Dr. Franklin informed me that Articles were signed. The reservation re- tained on our account does not save the infraction of the promise which we have made to each other, not to sign except conjointly. * * This negotiation has not yet so far advanced in regard to ourselves as that of the United States ; not but what the King, if he had shown as little delicacy in his proceedings as the American Commissioners, might have signed articles with England long before them.'"— 16., pp. 298, 299.

58 THE LOYALISTS OF AMERICA [CHAP. XXXI.

their persons banished. But from the first Dr. Franklin held out no hopes of any satisfaction on that point. ' The Commis- sioners,' he said, ' had no such power, nor had even Congress.'* Thev were willinsr that Congress should, with certain modifica- tions, recommend those indemnities to the several States ; and, as one of the negotiators from England tells us, they to the last ' continued to assert that the recommendation of Congress would have the effect we proposed.' The British diplomatists persevered in their original demand, and at one time there seemed a probability that the negotiations might break off, chiefly on this ground. Twice was Mr. Strachey, the Under- Secretary, of State, an able and experienced man, dispatched to Paris to aid Mr. Oswald with his counsel and co-operation. But at last the mind of Franklin, ever ingenious and fertile of resources, devised a counter scheme. He said that he would allow the losses which the Loyalists had suffered, provided another account were opened of the mischief they had done, as of slaves carried off, or houses burned ; new Commissioners to be appointed to strike a balance between the two computa- tions. At this formidable proposal, involving an endless train of discussions and disputes, the negotiators from England finally gave way."-!-

This account of the negotiation in regard to the United Empire Loyalists, taken from Lord Mahon's impartial history, is corroborated in all essential particulars by American his- torians. Mr. Bancroft says that " Franklin having already explained that nothing could be done for the Loyalists by the United States, as their estates had been confiscated by laws of particular States, which Congress had no power to repeal, he further demonstrates that Great Britain had forfeited every right to intercede for them by its conduct and example, to which end he read to Oswald the orders of the British in Carolina for confiscating and selling the lands and property of all patriots under the direction of the military ; and he declared definitely that, though the separate governments might show compassion where it was deserved, the American Commissioners

* It was self-contradictory to say that Congress had power to confiscate property, and yet had no power to restore it when confiscated.

t Lord Mahon's History of England, etc., Vol. VII., Chap. Ixvi., pp 295 296.

CHAP. XXXI.] AND THEIR TIMES. 59

for Peace could not make compensation of refugees a part of the treaty."

" This last demand (adequate indemnity for the confiscated property of loyal refugees) touched alike the sympathy and the sense of honour of England. The previous answer, that the Commissioners had no power to treat on the business of the Loyalists, was regarded as an allegation that though they claimed to have full power, they were not plenipotentiaries ; that they were acting under thirteen separate sovereignties, which had no common head. To meet the exigence, Shelburne proposed either an extension of Nova Scotia to the Penobscot, or Kennebec, or the Saco, so that a province might be formed for the reception of Loyalists ; or that a part af the money to be received from sales of the Ohio lands might be applied to their subsistence."

"On the 29th of November, 1782, Strachey, Oswald, and Fitzherbert, on the one side, and Jay, Franklin, Adams, and for the first time Laurens, on the other, came together for their last word at the apartments of Jay. The American Commissioners agreed that there should be no future confiscations nor prosecu- tions of Loyalists, that all pending prosecutions should be discontinued, and that Congress should recommend to the several States and their Legislatures, on behalf of refugees, amnesty and the restitution of their confiscated property." " On the 30th, the Commissioners of both countries signed and sealed fair copies of the Convention." " The treaty was not a compromise, nor a compact imposed by force, but a free and perfect solution and perpetual settlement of all that had been called in question."*

Dr. Ramsay observes : " From the necessity of the case, the Loyalists were sacrificed, nothing further than a simple recom- mendation for restitution being stipulated in their favour. * * The case of the Loyalists was undoubtedly a hard one, but unavoidable from the complex Constitution of the United States. The American Ministers engaged, as far as they were authorized, and Congress did all they constitutionally could; but this was no more than simply to recommend their case to

* History of the United States, Vol. X., Chap, xxix., pp. 555, 583, 589, 590, 591.

60 THE LOYALISTS OF AMERICA [CHAP. XXXI.

the several States, for the purpose of making them restitution. To have insisted on more, under such circumstances, would have been equivalent to saying that there should be no peace. It is true, much more was expected from the recommendations of Congress than resulted from them; but this was not the consequence of deception, but of misunderstanding the principles of the confederation. In conformity to the letter and spirit of the treaty. Congress urged, in strong terms, the propriety of making restitution to the Loyalists, but to procure it was beyond their power. * * There were doubtless among the Loyalists many worthy characters, friends of peace and lovers of justice. To such restitution was undoubtedly due, and to many such it was made ; but it is one of the many calamities incident to war, that the innocent, from the impossibility of discrimination, are often involved in the same distress with the guilty. ^

" The return of the Loyalists to their former places of residence was as much disrelished by the Whig citizens of America as the proposal for reimbursing their confiscated property. In sundry places Committees were formed, who, in an arbitrary manner, opposed their peaceable residence. The sober and dispassionate citizens exerted themselves in checking these irregular measures ; but such was the violence of party spirit, and so relaxed were the sinews of government, that, in opposition to legal authority and the private interference of the judicious and moderate, many indecent outrages were com- mitted on the persons and property of the returning Loyalists.

" Nor were these all the sufferings of those Americans who had attached themselves to the royal cause. Being compelled to depart from their native country, many of them were obliged to take up their abodes in the inhospitable wilds of Nova Scotia, or on the barren shores of the Bahama Islands. Parlia- mentary relief was extended to them ; but this Avas obtained with difficulty, and distributed with a partial hand. Some, who invented plausible tales of loyalty and distress, received much more than they ever possessed ; while others, less artful, were not half reimbursed for their actual losses."*

* Dr. Ramsay's History of the United States, Vol. II., Chap, xxvii., pp. 489, 490, 491.

CHAP. XXXI.] AND THEIR TIMES. 61

Mr. Hildreth remarks, under date of September, 1783, "that at New York a general release of prisoners had taken place on both sides ; but the necessity of finding transports for the numerous Loyalists assembled there protracted the evacuation of New York. In consequence of laws still in force against them, several thousand American Loyalists found it necessary to abandon their country. A considerable portion of these exiles belonged to the wealthier classes ; they had been ofiScials, mer- chants, large landholders, conspicuous members of the colonial aristocracy. Those from the North settled principally in Nova Scotia or Canada, provinces the politics of which their descend- ants continued to control until quite recently. Those from the South found refuge in the Bahamas and other West India islands. Still objects of great popular odium, the Loyalists had little to expect from the stipulated recommendations of Con- gress in their favour. Some of the States, whose territory had been longest and most recently occupied by the enemy, were even inclined to enact new confiscations."*

In each and all of these historical statements it is clearly admitted that the claim of the Loyalists to compensation for loss of property was founded in equity, as well as in national policy. This is sanctioned by the admission of the American Commis- sioners and the recommendation of Congress. The want of power in Congress to do what is admitted to be an act of justice to the Loyalists is the plea for not restoring them the property which had gone into the hands of their opponents, who were proportionally enriched thereby. It was left to local avarice and local resentment to deal with the property of banished exiles.

What was claimed by and in behalf of the Loyalists accorded with the practice of even modern nations, as well as with the sentiments of humanity. When the Dutch provinces asserted their independence of Spain, and after a long and bloody war obtained the recognition of it, they cordially agreed to an act of oblivion, and even restored to those who had adhered to the cause of Spain, their property of every denomination that had been confiscated, or the full value of it. Even Spain herself had twice thus acted towards the province of Catalonia first, on its

* Hildreth's History of the United States, Vol. III., Chap, xlv., p. 439.

62 THE LOYALISTS OF AMERICA [CHAP. XXXI.

revolting from that Crown, and calling in the assistance of France ; and secondly, on its refusing to acknowledge the Bour- bon family, at the beginning of the last century. Though the inhabitants had forfeited life and property, yet, on their return to obedience, life, possessions, laws and immunities remained inviolate. England had conducted herself in the same spirit towards that party in Ireland which had taken up arms in support of James the Second. No proscriptions took place, and every man, on submitting to Government, was admitted to the undisturbed enjoyment of his property. Had this spirit actuated, and these examples, with many others of like charac- ter, influenced the Americans, how much more honourable to them, and more consistent with sound policy, to efface . at once all remembrance of internal discords, than to pursue, in the execrable spirit of revenge and avarice, those of their country- men who differed from them in opinion in the late contest, and sided with Great Britain.* That the plea that Congress had no power in granting amnesty and compensation to the Loyal- ists was a mere pretext, is manifest from the fact that the Commissioners agreed that there should be no more confisca-

* The royal historian, Dr. Andrews, remarks strongly on this subject as follows :

" The demands of restitution to the Loyalists of their property confiscated during the war, for their attachment to our cause, had been refused by the American Commissioners, on pretence that neither they, nor Congress itself, could comply with it, any farther than by recommendation of it to the different States. The demand was in itself so just, and founded on so many historical precedents, that Congress could not possibly plead a want of fore- sight that it would be made. It had been usual in all ages, on the cessation of civil war, to grant a general amnesty. No other motive but that of the basest and most barbarous revenge could induce men to express an averseness to so humane and necessary a measure. Next to the cruelty of such a refusal was the meanness of those who submitted to it.

" Circumstances empowered this nation to have acted with such firmness as to compel the Americans to relax their obstinacy in this particular. Until they had consented to a generous treatment of the Loyalists, we ought to have withheld the restitution of the many strong places still remaining in our hands, and made the surrender of them the price of their acquiescence in our demands in favour of the brave and faithtiil people who had sulfered so much on our account." (Dr. Andrews' History of the Late War, Vol. IV., pp. 401, 402.)

" All parties in the Commons unanimously demanded amnesty and in- demnity for the Loyalists." (Bancroft, Vol. X., Chap, xxix., p. 586.)

CHAP. XXXI.] AND THEIR TIMES. 63

tions or proscriptions against the Loyalists ; for if the laws under which these prosecutions were instituted and confiscations made were State laws, with which Congress had no power to interfere, how could the Congress Commissioners stipulate that there should be no more confiscations or proscriptions ?

Dr. Franklin, the most experienced and ablest of the Ameri- can diplomatists, was the most crafty and overbearing against England. At the beginning of the negotiations for peace, he demurely proposed, and half converted Mr. Oswald to his pro- position, to concede Canada (which at that time meant all British North America) to the United States, though his commission related simply to the independency of the thirteen colonies ; and when the British Cabinet vetoed this extra-ofiicial and extravagant proposition, Dr. Franklin and his colleagues over- reached the ignorance and weakness of the British diplomatists by carefully constructed maps for the purpose of making the boundary lines between the proposed possessions of Great Britain and the United States on their northern and north- western frontiers. These lines were so ingeniously drawn as to take from Great Britain and include in the United States the immense and valuable territories, back settlements, and the whole country between the Alleghany Mountains and the Mississippi, and which have since become the States of Ohio, Indiana, Illinois, Iowa, Wisconsin, Missouri, Michigan, Minne- sota, etc. to not one foot of which the thirteen American colonies had the slightest claim territories ample to compen- sate Loyalists for their losses and banishment, but whose in- terests, together with these most valuable possessions, were lost to Great Britain by the subserviency of the British Commis- sioner, Oswald (a London and American merchant), who looked to his own interests, and was the subservient tool and echo of Dr. Franklin. The above territories were a part of the domain of Congress, irrespective of any State, and therefore at the abso- lute disposal of Congress. Yet, with these immense accessions of resources, the American Commissioners professed that the Congress had no, power or means to compensate the United Empire Loyalists for the confiscation and destruction of their property ! One knows not at which most to marvel the bold- ness, skill, and success of the American Commissioners, or the cowardice, ignorance, and recklessness of the British diplomatists.

64 THE LOYALISTS OF AMERICA [CHAP. XXXI.

The result of these negotiations was, that the adherents to Great Britain during the civil war were deprived of the amnesty and restoration of property upon any ground of right, as had been granted at the termination of civil strife by all civilized nations to the restoration of what had been taken from them during the war and turned over as suppliant cul- prits to the several States by whose laws their property had been confiscated, and themselves declared guilty of treason, and condemned to the death of traitors. Dr. Franklin, in the beginning of his negotiations, had proposed to give all that now constitutes British North America to the United States, and thus leave to the British Loyalists not an inch of ground on which to place their feet ; but all that was now left to them, as far as America was concerned, was to prostrate themselves as suppliants before the Legislatures of the several States, each of which was for the most part a seething cauldron of passion and resentment against them.*

* Dr. Ramsay justly remarks : " The operation of treason laws added to the calamities of the war. Individuals on both sides, while they were doing no more than they supposed to be their duty, were involved in the penal consequences of capital crimes. The Americans, in conformity to the usual policy of nations, demanded tlie allegiance of all who resided among them ; but many preferred the late royal government, and were disposed, when opportunity offered, to support it. While they acted in conformity to these sentiments, the laws enacted for the security of the new government con- demned them to death. Of all wars, civil are most to