The Claim of the American Loyalists. Joseph Galloway

with equal solemnity repeated in a subsequent proclamation published by Sir Henry Clinton and Vice-Admiral Arbuthnot, as his Majesty’s Commissioners to restore peace and good government in the several colonies in rebellion, on the first of June following.

      In the year 1778, the Congress, desirous of weakening the British power, and of gaining over the influence and assistance of the Loyalists, by a resolve, recommended to the several States to repeal the sanguinary laws made against them, and to restore their property which had been confiscated; and overtures were made by General Washington to take them under his protection; but although they had reason to apprehend, from the evacuation of Philadelphia by order of the British government, the subsequent movement of the troops from America to the West Indies, and the numbers in both Houses of Parliament against carrying on the war in the colonies, that they were about to be deserted by the British arms; yet, with this prospect of distress, which no language can describe, they considered their allegiance to his Majesty, and their connection with their fellow-subjects, as sacred and inviolable; the infallible consequence of which was, a more general attainder of their lives, and a confiscation of their fortunes; although, had they then withdrawn from their allegiance, they might have obtained a repeal of the laws attaining their lives, and been restored to their property. Under these circumstances, painful as they were, they never complained. Their loyalty and zeal in the cause of the State remained undiminished, or rather kept pace with their encreasing distress. All the tender ties of the parent, husband, and son, were overcome by their public virtue; nor did they desert the sinking cause of their country until she deserted it herself. Thus led forth from the rest of their fellow-subjects, by their duty to the State, their obedience to his Majesty’s command, and the assurances of both Houses of Parliament, they firmly confided in the royal faith, and the honour and justice of Parliament, that they would at all events afford them the protection due to them by law, and so solemnly promised.

      In the year 1781, the Loyalists, being alarmed at the distinction made in the articles of capitulation of York, in Virginia, between British subjects and the Loyalists who had rendered themselves amenable to the sanguinary laws of the New States, his Excellency William Franklin, Esq. Governor of the province of New Jersey, wrote to Lord George Germaine, then Secretary for the American department, on the subject. In answer to which letter, his Lordship wrote to the Governor on the 2d of January 1782, That “the alarm taken by the loyal Refugees at the fifth article of Lord Cornwallis’s capitulation is not to be wondered at. The King’s anxiety to remove the fears, and restore the confidence, of those zealous and meritorious subjects, has induced his Majesty to direct me further to express to Sir Henry Clinton (then Commander in Chief of all the British Forces in America) his royal pleasure, that he should, in his Majesty’s name, give them the fullest assurances of the continuance of his affection and regard for their happiness, and that, in all events, they may rely upon the utmost attention being shewn to their safety and welfare.”

      At length, in the year 1782, a negociation for peace was opened at Paris between the contending parties. Here it will not be denied that the Loyalists, after such strong assurances of protection by his Majesty and Parliament, had good right to expect an article would be obtained for annulling the sanguinary laws which attainted their persons and confiscated their property, and that, according to all usage on similar occasions, it would be restored to them. But in this they found themselves fatally mistaken. The American Commissioners declared they had no authority from the States to make it; and besides, if they had the authority, and the restitution was insisted on, they would also insist that Great Britain should pay for all the damages done, and property taken, by the British armies during the war, which would amount to much more than the confiscated property ^{Ref. 004}. The Minister, on the part of Great Britain, considering the state of the nation, the enormous expence of carrying on the war, and the necessity the Public was under of obtaining peace, gave up the point in dispute, and ceded the property of the Loyalists, as a recompence and satisfaction for those damages, and as the price and purchase of peace for the empire. He unconditionally confirmed the independent sovereignties of the usurpation, and with them the sanguinary laws by which the persons of the Loyalists were attainted and their property confiscated. This treaty was afterwards ratified by his Majesty, and confirmed by both Houses of Parliament.

      Such is the unexaggerated state of the facts which make up the claim of the American Loyalists. It remains to be examined, whether those who are entrusted with the sovereign authority of the British Government, are not under the most sacred obligations to protect the subject in his person and property, in all events, while he performs the duties of allegiance and fulfils the laws of the land? Whether, in the constitution of the British state, there is no law which entitles the subject to indemnity for property lost in consequence of his fidelity to the Government, or through the want of the protection due to them by law? Whether the sovereign authority may lawfully cede, in a treaty, the property of the subject without such indemnity? And whether the rights and property of the subject are so extremely precarious, and the powers of the sovereign authority so perfectly despotic, that it is authorised by law to dispose of his property, while he fulfils the duties of a faithful citizen, without his consent, on any account or to any purpose whatever, without making a just compensation?