The Loyalists of America and Their Times Volume II Part 16

"2nd. Loyalists who had borne arms in the service of Great Britain--481.

"3rd. Zealous and uniform Loyalists--626.

"Total number of these three cla.s.ses--1,311.

"The number of the remaining cla.s.ses were much fewer, viz.:

"4th. Loyal British subjects resident in Great Britain--20.

"5th. Who took the oath to the Americans, but afterwards joined the British--27.

"6th. Who bore arms for the Americans, but afterwards joined the British--23.

"7th. Ditto, losses under the Prohibitory Act--3.

"8th. Loyal British proprietors--2.

"9th. Subject or settled inhabitants of the United States--25.

"10th. Claims disallowed and withdrawn--313.

"11th. Loyal British subjects who appear to have relief by the Treaty of Peace, but state the impossibility of procuring it--4.

"Mr. Pitt proposed to pay cla.s.ses 1, 2, 3, 4, 5, 6, 7, whose liquidated losses did not amount to more than 10,000 each, the full amount of their losses; and if they should exceed the sum of 10,000, to deduct the sum of ten per cent. from excess only of 10,000, provided such losses did not exceed 35,000; and if they exceeded 35,000, then fifteen per cent. from the excess of 10,000, and not above 50,000; and if they exceeded 50,000, then to deduct twenty per cent. from the excess of 10,000; and which principle, he informed the Committee, he meant to follow in every other cla.s.s.

"With regard to the 4th and 8th cla.s.ses, viz., of loyal British subjects and loyal British proprietors resident in Great Britain during the war, he did not mean to propose any deduction from the losses under 10,000; but from the losses which amounted from 10,000 to 50,000 he proposed a deduction of twenty per cent. should be made; and a further deduction from those losses amounting to above 50,000, and a still further deduction of seventy per cent. from those from 50,000 to 200,000; and so on in proportion.

"He next considered the case of those Loyalists whose losses princ.i.p.ally, if not solely, arose from their loss of office or profession, by which they had been deprived of their livelihood, or means of support, both for themselves or families. These persons were distinct from those who had been in trade or other branches of business, or gained their livelihood by their manual labour. Though these losses were not of so substantial a nature as those who lost property real or personal, yet they could not be easily reinstated in the same lucrative professions which they had enjoyed--civil employment, in the law, in the Church, or in physic--and therefore he thought them ent.i.tled to a liberal compensation. But as they were not precluded from exercising their industry and talents in this country, he proposed that all those persons who were reported by Commissioners to have lost incomes not exceeding 400 _per annum_, should receive pensions at the rate of 50 _per cent._ of such income, and 40 _per cent._ for every 100 above 400 per annum; where the value did not exceed 1,500 _per annum_, 30 _per cent._ for every 100 per annum exceeding 400; thus the _percentage_ would be governed by and diminish in proportion to the increase of the income lost.

"Having expatiated on these various cla.s.ses of claimants, Mr. Pitt said he meant to propose that the amount of these various sums should be issued in debentures bearing interest at three and a half per cent., which would be nearly equal to a money payment, and that the whole should be paid off by instalments.

"He began, therefore, by moving 'that provision should be made accordingly.'

"This plan met with general approbation and applause from all sides of the House; not only from the friends of the Minister, but from leaders of the Opposition, particularly from Mr. Fox and Mr. Burke; and Mr. Pitt congratulated the House on their concurrence with him in the plan he laid before the Committee.

"Soon after a motion was made for continuing the Act another year, for the purpose princ.i.p.ally of enabling the Commissioners to inquire into claims of certain other persons therein specified, who, it was stated, appeared to have been prevented by particular circ.u.mstances from preferring their claims before; provided the Commissioners were satisfied, by proof made on oath, with the reasons a.s.signed by those persons for not having before preferred their respective claims; and the Act pa.s.sed, including these and other purposes.

"As the Commissioners who had gone to Nova Scotia and Canada had by this time returned to England, and Mr. Anstey was daily expected from the United States, there was more than sufficient to employ the Commissioners, independent of the Act for carrying into effect the plan of relief and compensation into execution.

"The Commissioners immediately, viz., in August, 1788, proceeded with the various matters referred to them.

"Colonel Dundas and Mr. Pemberton, having returned from Nova Scotia and Canada, made a separate report of the proceedings to the Board of Treasury and the Secretaries of State;[130] but the Commissioners, before they finished their deliberations, united the proceedings of both Boards in order to give a comprehensive view of the whole.

"Mr. Anstey also having returned from the United States in September, the Commissioners took a general review of the whole of their proceedings from the commencement of the inquiry, and were thus enabled to supply any defects, to correct any mistakes, and to reconsider any points in which, perhaps, too great humanity to the individuals on the one hand, or too great anxiety to reduce claims which appeared exaggerated on the other, might have led them into error.

"Having thus wound up the business in the spring of 1789, they presented their twelfth and last Report on the 15th of May; and likewise, pursuant to the order of the House of Commons of the 10th of June, 1789, presented a statement of them to that House, comprising the whole of their proceedings in one view, specifying what had been granted by Parliament and what still remained for consideration; but as the inquiring into these claims was not completed, and the Minister thought proper to give way once more to strong applications from various persons, who had been still prevented from preferring or prosecuting their claims under the former Acts of Parliament, the Commission was renewed once more, and it was not till the spring of 1790 that the business was finally settled and adjusted by Parliament. In the beginning of April, in consequence of an order of the House of Commons, on the 31st of March, 1790, the Commissioners laid before the House a statement of the claims and losses of the American Loyalists up to the 25th of March, 1790, with the terms already granted, and of what remained for the consideration of Parliament.

"The general result of this was, that the number of claims preferred in England and Nova Scotia was 3,225--

"Of which were examined 3,225 "Disallowed 343 } "Withdrawn 38 } 934 "Not prosecuted 553 }

"The amount of the claims preferred was 10,358,413.

"The amount of the claims examined was 8,216,126.

"The amount allowed in liquidation thereof amounted to 3,033,091.

"Of which had been provided 2,096,326.

"There remained for consideration of Parliament 936,764.[131]

"The amount of pensions paid to 204 Loyalists, on account of losses of office or profession, was 25,785 _per annum_, besides annual allowances to 588 persons, chiefly widows, orphans, and merchants, who had no means of livelihood, but had lost no real or personal estate except debts due them,[132] and which had not been gone into for reasons before given.

"As many of the Loyalists who had received pensions or allowances are since deceased, the Lords of the Treasury, by his Majesty's direction, have continued some part of those annual payments to their widows.

"Thus had the nation extended an inquiry for seven successive years into the losses of those who, from motives of loyalty to his Majesty and attachment to the British Government, had risked their lives and sacrificed their fortunes in support of the const.i.tutional dependence of the colonies on Great Britain.

"Whatever may be said of this unfortunate war, either to account for, to justify, or to apologize for the conduct of either country, all the world has been unanimous in applauding the virtue and humanity of Great Britain in rewarding the services, and in compensating, with a liberal hand, the losses of those who suffered so much for their firm and faithful adherence to the British Government."

We will conclude these extracts by giving the Commissioners' account of their mode of proceeding and the reasons for it, together with the acknowledgment of the agents of the claimants in a formal address to the King:

"The principle which has directed our mode of conducting the inquiry,"

say the Commissioners, "has been that of requiring the very best evidence which the nature and circ.u.mstances of the case would admit. We have in no instance hitherto thought fit to dispense with the personal appearance and examination of the claimant, conceiving the inquiry would be extremely imperfect and insecure against fraud and misrepresentation if we had not the advantage of cross-examining the party himself, as well as his witnesses; nor have we, for the same reason, allowed much weight to any testimony that has not been delivered on oath before ourselves. We have investigated with great strictness the t.i.tles to real property, wherever the necessary doc.u.ments could be exhibited to us; and where they have not been produced we have required satisfactory evidence of their loss, or of the inability of the claimant to procure them."[133]

The Commissioners conclude their twelfth and last Report in the following words:

"Great as is the length of time which hath been consumed in the prosecution of this inquiry, it may without difficulty be accounted for by a survey of the multiplicity and complicated nature of the objects to which the Acts of Parliament extended our scrutiny; and when to these are added the investigation (delegated to us by your lords.h.i.+ps) of the numerous claims for present relief and temporary support (which alone formed a heavy branch of business, demanding daily attention), the several reviews and modifications of pension lists, and the various other extraneous matters which have incidentally devolved upon us, we trust we shall, on due consideration of this extensive scene of employment, at least stand exculpated by your lords.h.i.+ps of inactivity and unnecessary delay. We have felt with anxious solicitude the urgency as well as the importance and delicate nature of the trust reposed in us, and to this impression our exertions towards the speedy, faithful, and honourable execution of it have been proportioned. We cannot flatter ourselves that no errors have been committed; but we have this consolation, that the most a.s.siduous endeavours have not been wanting on our part to do justice to the individuals and to the public. Supported by this reflection in our retirement from this arduous and insidious employment, we shall feel no inconsiderable satisfaction in having been instrumental towards the completion of a work which will ever reflect honour on the character of the British nation.

(Signed) "JOHN WILMOT.

"ROBERT KINGSTON.

"JOHN MARSH.

"Office of American Claims, "Lincoln's Inn Fields, "May 15th, 1789."

A proper sequel to this whole proceeding will be the following Address of the Agents for the American Loyalists, presented to the King by Sir William Pepperell, Bart., and the other agents, being introduced by the Lord of his Majesty's Bedchamber in waiting; which address his Majesty was pleased to receive very graciously, and they all had the honour to kiss his Majesty's hand:

"_To the King's Most Excellent Majesty._

"The Humble Address of the Agents for the American Loyalists.

"Most Gracious Sovereign,--

"Your Majesty's ever dutiful and loyal subjects, the agents of the American Loyalists, who have heretofore been the suppliants of your Majesty in behalf of their distressed const.i.tuents, now humbly beg leave to approach your Throne, to pour forth the ardent effusions of their grateful hearts for your most gracious and effectual recommendation of their claims to the just and generous consideration of Parliament.

"To have devoted their fortunes and hazarded their lives in defence of the just rights of the Crown and the fundamental principles of the British Const.i.tution, were no more than their duty demanded of them, in common with your Majesty's other subjects; but it was their peculiar fortune to be called to the trial, and it is their boast and their glory to have been found equal to the task.

"They have now the distinguished happiness of seeing their fidelity approved by their Sovereign, and recompensed by Parliament, and their fellow-subjects cheerfully contributing to compensate them for the forfeiture their attachment to Great Britain incited them to incur; thereby adding dignity to their own exalted character among the nations of the world, and holding out to mankind the glorious principles of justice, equity, and benevolence as the firmest basis of empire.