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 THE 
 
 CASE and CLAIM 
 
 O F T H E 
 
 AMERICAN LOYA|IStS 
 
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 CASE and CLAIM 
 
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 AMERICAN LdVALiSTS 
 
 IMPARTIALLY STAtEfi AND CoNSIl5ERfiO, 
 
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 1 N T R O D U C T 1 O N. 
 
 ., . ** ... ( ( ■ • • • _ " . 
 
 THE Affairs of the American Loyitlifts have 
 been long enveloped in doubt and uncef 
 tainty. Deprived o( their fortunes, in confeqticncc 
 of their fidelitv to the State, and deftitutc of that 
 jufticc which h due to them from Society, they 
 Icnew not where to look for it. Although their 
 right to an indemnification for the lo0es they 
 had fuftaincd, and the facrifices they had made 
 to the Public fafety, in obedience to the com^ 
 mands of thair Sovereign, was clear and indif- 
 putablf i yet, during the war^ ic wai impoiUble 
 
 
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 to forefec, whether they were to obtain it upon a 
 final fuppreflion of the rebellion, or in a paci- 
 lication between the State and the revolters j or, 
 whether they (hould be obliged to appeal to the 
 laws of their Country, and to the juftice of the 
 Nation, for aconnpenfation. During this uncer- 
 tainty, they have patiently waited for* events > 
 and many of them have fubfifted, by the aid of 
 the ftricleft oeconomy with the utmoft difficulty, 
 on the temporary provifion which Government 
 has becii pleafcd to make them. , ^ ,^ . , , ■ 
 
 But as thofe doubts are now removed by a 
 treaty with The United States oi Kvntr'icZy in which 
 tio indemnification whatever is fecured, they are 
 obliged to feck for relief where the laws of the 
 Society, and the principles of natural jullicc, di- 
 reft, and where now it is only to be found. 
 They fay obliged, becaufe, moft certain it is, that, 
 befides a reluctance to become in the leaft bur- 
 denfome to their fellow- fubj efts In Great Bri- 
 tain, they would have preferred a rcftoration to 
 their rights and fortunes, in thtf country where 
 their natural, as well as fecial, connexions were 
 formed, to any other compenfation whatever. 
 
 Thus they find themfelves under the neceflity 
 
 of ftating their Cafe, and of fiibmitting theiT 
 
 Claim, to the confideration of thofe, in'whora 
 
 'the conftitution of the Society has placed the 
 
 ■power of redrefs. 
 
 - THE 
 
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 E 
 
 AMERICAN LOYALISTS. 
 
 PREVIOUS to the year 1774, a rebellion of 
 a fin&iular and mofl: dangerous nature had 
 been growing to maturity in North America. 
 Its aim was nothing lefs than the annihilation of 
 the foye^eign rights of Parliament, and the efla- 
 bliftirtient of new independent fovereignties in 
 their (lead. In that year it brokfe out with d. fu- 
 perior degree of violence, A part dj th** people 
 only were concerned in it: a great paft ad- 
 hering to their allegiance, and confiding in the 
 proteftion due to them from the State, i^efuftd to 
 have any connefiion with it; and m^ny, both by 
 their declarations and aftions, oppofcd it: bur, 
 being neither prote<5led nor alTifted in their oppo- 
 (ition. and having no legal authority to fubdue 
 
 B 2' -^ • ■ '"tto: 
 
 
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 the rifing fcdition hyforce^ they had it not in thcl 
 power to rcfift it with effeSf, Mobs were raifcd i 
 lawlcfs committees and conventions were formed i 
 the rights of legiflation, of judicial enquiry, fen- 
 tence, and execution, were aflumed ;; the au- 
 thority of the Crown, to which the faithful citr* 
 zen could only look foi prote^ion, was deilroyed ; 
 and many were tarred> feathered, and otherwifc 
 eruelly treated. Such was the prevalence bf the 
 power, and the violence of the infurgents, that, 
 in a little time, the well-affefled were difarmed ; 
 the King's forts difnuntled^ the governors, and all 
 the officers of Government, who had continued 
 faithful to their trufts, aqd all others who had 
 given an open oppoficion to their meafures, were 
 either imprifined, w compelled to fetk an afyluih 
 in exik from their families. • • 
 
 
 Early in the year 1775, Ws Majefty was 
 pleafed to communicate this lawlefs and feditious 
 date of the colonies to both Houfes of Parlia- 
 ment. After full deliberation, the Lords and 
 CommonncMcftrredm a0uring his Majefty, << That 
 *' it was tht'ir J!xt refolution, at the hazard of their 
 " iives and properties, to ftand by his Majefty 
 *< againft all rebellious attempts, in maintenance 
 *« of his juft rights, and of the tw» Houfes of Par- 
 *' liantent" And the aids were accordingly 
 granted for that pHrpofu 
 
 In 
 
t i 1 
 
 ! In purAiance of thcfe fpiritcd meafures of the 
 Parliament, his Majedy, on the ajd of Auguft, 
 in the fame year, publifhed a Proclamation at 
 St. James's, in which, after- reciting that ** an 
 *< open and avowed rebellion** cxiAed in Ame- 
 rica as the reaibn of the Proclamation* he adds, 
 " To the end, therefore, that none of our fubje^ 
 *' may ne^le^ or violate their duty through igno* 
 " ranee thereof, or through any Ji^ir^/ of the pro* 
 *' te^tion which the Itnv will afford to their loy* 
 <' alty and zeal, we have thought Bt, by the ad- 
 '• vice of our Privy Council, to ifluc this Proclar 
 5< matton, hereby declaring, that not only all 
 our officers civil and military, are obliged to ex» 
 ert their utmoji ende^pvours to fupprefs the re« 
 " bellion ; but that nU the fubjeSs of our rea]m» 
 " and the dominions theoeunto beioiiging, are 
 " bound by law, to be aiding and affifting in 
 " the fupprej/ion of the rebellion^ and to difclofc 
 *' and make known all traiterous confpiraciesand 
 " atter^pts againfl: our Crown and dignity. And. 
 ** we do accordingly firiSly charge and command 
 " all our officers, civil and military, mdallotktr 
 *' our obedient ^V ^''Jf^^ fuhjfi&h %o ufe their 
 '* utmofi endeavours to withitfjad ^ fupprefs 
 " fuqh rfkelU^n" Uf.. . [ ^ ,., . t . 
 
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 Thk Proclamation. was tranfmitted by his Ma* 
 jefty's Secretary of State to the feveral Governor* 
 
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 o^the Colonies, with an order to publidj it; and 
 it was accordingly publifhed. 
 
 
 ./)!. L-}i< ...1 
 
 Authorised by thefe proceedings of the Crown, 
 and both Houfes of Parliament, General Gajgc, 
 the Commander in Chief of the Britifli forces in 
 America, in order to diflfuade the fcditioiis fronri 
 their lawlefs dcfign, and to remind and call u^ori 
 the loyal and faithful inhabi cants to diichar^^ 
 their duties as fubjedls, in compliance with th6 
 Royal command, iiTued his Proclamation in the 
 fame year. In this Proclamation he offers a par- 
 don " to all thofe who ihoald lay down their arms, 
 " and return to tht\r duiifs as fubjeSls-, and at 
 «« the fame time declares, that all others wha 
 «« fimld proteSi ajfijiy fupply'y conceal^ or correfpond 
 «' with the infurgents, (houid ht treated as re- 
 
 •< BELS and TRAITORS." ! j ,* . '^\ ^-w;;:' ** 
 
 ' Notwithstanding thefe Proclamations J thefe 
 pofitiveand folemn Calls by the higheft authority 
 of the State, ftri5ily commanding the well-affefted 
 part of the people to ufe their " Ktmofl endea- 
 vours to fjditbftand and fupprefs the febellnn j'* the 
 military force then in America was not'compcteht 
 to take the field, or oppofe the torrent of the re- 
 voltcrs, nor to give the aid and protection due to 
 thole who fhould attempt to withftand it : or, if it 
 was competent, no effectual exertions wcie made 
 
 io 
 
 to 
 
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 to that end. Pro teuton and alleg'tante afe reeifrocai 
 duties between the State and the fuhjeQ \ but a fuk- 
 je£i is not bound to endanger his life and Jbis pro- 
 P£RTY, before- the State is in readinefs to ajfiji andfup- 
 port him. The obligation of protcclion is there- 
 fore the primary duty : but yet no force deemed 
 llifficienc to " withjiand'* the revolters arrived, 
 until twelve months after thefe Proclaoiations. 
 On the other hand, the power of the infurgents fo 
 rapidly increafcd, as to embolden tlicm to fct up 
 a number of independent fovcreignties, claim- 
 ing and exercifing the powers of life and deasb 
 over all within their jurifdic^ions, who Ihoul^ op- 
 pofc their meafures. r<tt ■ijun . -. '.. uj r :.ii;. ;: 
 
 Those who are poflcflcd of the leaft candour 
 will perceive, and humanity will be fhocked ar, 
 the critical ,and dangerous predicament into which 
 thcfe reverfe tranfaiftions of the contending par- 
 ties involved th^ loyal and faithful fubjccts of the 
 Crown. On the one hand, though deftitutf: of that 
 prote^ion a.nd fupport vjhich they had a right to 
 cxped from the State, they were called upoo 
 «* to with/land and fupprefs the rebellion i* and if 
 -they even *' correfpundcX* with tlie Infurgents, 
 who; were a co^uinual guard over their actions 
 .and exprcfiions, they were declared " rebels and 
 .traitors" to Governtyient j and, on the other hand, 
 they were fubjeCt to the fanguinary laws, attain'- 
 Jmi and prcfaiptions of thofe who held, dsfaUo^ 
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 the fovereign powers of the country j and wlio 
 had, i« /j&«y iurn, paflcd laws, declaring it High 
 ^reafen againft tiicir ufvjrpation, to aidy affifl, dr 
 even to correffond with the fubjedts of Great Brie 
 tain. 
 
 That a great number of Loyalifts have been 
 ever ready, under proper fupport, to allift in fup« 
 prefTing the rebellion at the rifle of their lives 
 and fortunes, and have fufFered great opprelllons 
 and miferies on account of their attachment to 
 Great Britain, are fa6ls well knowii to thousands. 
 For the prefent, they appeal £br the truth of this 
 aflertion to the numerous infurre^ions in favour 
 of the Britifh Government, by great bodies of 
 Loyalifts in the Carolinas, Virginia, Marylandji 
 the Delaware Counties, and New Jerfey i to the 
 numerous offers of their afTiftance to the Britilh 
 generals ; and, in particular, to the Memorial 
 made to his Majefty, through his Secretary of 
 State, offering, by their own forces to reduce 
 three Provinces to the peace of the Crown, pro- 
 vided they were fupplied with arms and ammu<^ 
 nition, and the army undejr Walhington (hould 
 be kept from molefting them. And they further 
 appeal to the official letters of Generals Howe, 
 Clinton and Cornwallis, and likewife to a Pro- 
 clamation publiflied by General Burgoyne in the 
 year 1777, in the following words: "To the 
 •* eyes and cars of the tcmpcra{c part of the Pub^ 
 
 «• lie. 
 
t 9 1 
 
 *' lie, to the breads of fuffering THOvsAiiijsm the 
 
 «< provinces, be the melancholy appeal,— Whe* 
 
 ** ther the prefcnt ynnatural rebellion has not 
 
 " been made a foundation of the complete^ Syjiem 
 
 " of Tyranny that ever God, in his difpleafure, 
 
 •* fuffered for a time to be exercifed over a fro- 
 
 •* ward and ftubborn generation ? Arbitrary //»- 
 
 " prifonment, confif cation of property, perfecution and 
 
 ,*' torture, unprecedented in the inquifition of the 
 
 ** Romifh churchj are among the palpable enor- 
 
 *« mities th?it verify the affirmative, Thefe are 
 
 «' inflifted by Aflbmblies and Committees, who 
 
 " dare to ftyle themfelves Friends to Liberty, 
 
 *« upon the mofl faithful fubjeSfs, without diftinc- 
 
 ^^ tion oi age orfex, for tlie fole crime, often for 
 
 ** the fcle fufprcion, of having adhered in principle 
 
 " to the Government under which they were 
 
 " born, and to whichj by every tie human and 
 
 " divine, they owe allegiance. To confummate 
 
 *' thefe (hocking proceedings, the profanation of 
 
 '' religion is added to the mod profligate profti- 
 
 " tution of common fenfe. The confciences of 
 
 " men are fet at nought, and multitudes arc 
 
 " COMPELLED, not Only to bear arms agaihft their 
 
 «' Sovereign, but alfo to fwear allegiance to an 
 
 •« ufurpation they abhor *" 
 
 Int 
 
 • Even Paint, the noted party writer for Congrefs, has, in a jjam- 
 phlet juft publiflied by StoekJple, given a teftimony as to the munien 
 and fufferifigt of the Americaa Loyalifts, His words arc : '« The 
 " Bhtif!> have loft their intereft in America with the difaflfefted. [L e. 
 •* the LojaHp.'\ There is no »iew fcene left foi- dclufion j and the 
 
 C " THOU. 
 
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 In this calamitous and forlorn fituatton, fa 
 juftly defcribfd by a General upon the fpot, a 
 great number of the people, though they remain- 
 ed under the rebel ufurpation, continued un- 
 moved in their duty to the Britifli Government : 
 many of thefe, being particularly circumftanced 
 in refpedl to their local fituations and connexions; 
 many having religious fcruples, in regard to the 
 lawfulnefs of .;ar ; and many, very many, from 
 a rational and juftifiable prudence, waiting for 
 the promifed fupport and proteSiion, But there 
 were many others of a more firm and determined 
 fpirit, who, relying on the proteftion due to 
 them from the Society, and folemnly renewed by 
 the affuranccs of MAJESTY itfelf, obeyed, with 
 cheerfulnefs and firmnefs, the pofitive injunftions 
 of their Sovereign. Thefe men did not hefitate, 
 at the firft opportunity, to dcfert their neareft 
 and deareft connexions, to abandon their eftates, 
 to rifk their ALL in the fervice of their country, to 
 come over to the Britifh generals, and to tender 
 their afliftance in fupprefling a rebellion which 
 threatened its ruin. 
 
 <• ^Ai 
 
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 In his Tylajefty's Proclamation before-mention- 
 ed, the reciprocal obligations between the State 
 and the Subject had been juftly and clearly de- 
 
 •' THOUSANDS who have been rulnti by adhtring ttthem, and have 
 " now to quit the betilements they had acquired, and be conveyed 
 " like tranfpoits [ctnviat] to cultivate the deferts of Augujline and 
 *< Nsva Scotia, has put an end to all farther expe^lations of aid." 
 
 7 fined. 
 
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 II 
 
 1 
 
 fined. The People had been called upon to dif- 
 charge the duties of Subjedls, " in with/landing 
 and fuppreffing the rehellion" and they had been 
 aflured, that " the law would afford protedion 
 to their loyalty and zeal." But Lord Vifcount 
 Howe, one of his Majefty*s Commiflioners ading 
 under the authority of Parliannent, publilhed a 
 Proclamation in the year 1776, and, as a further 
 and efpecial encouragement to the Loyalifts, 
 exprefsly affured them, that " due conftderction 
 ^' Ihould be had to the meritorious fervices of all 
 ** perfon§ who fhould aid or ajftft in reftoring the 
 "public tranquillity; sind thsit tvcry fuitable en^ 
 ** couragement Ihould be given for promoting fuch 
 <* meafures as IhaU be conducive to the eftablilh- 
 ** ment of legal government and peace, in pur- 
 " fuance of his Majefty's moft gracious intcn- 
 
 «« tions. 
 
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 In the fame year two other Proclamations were 
 publiihed by Lord and General Howe, and a 
 Declaration in the year following, by the latter 
 calling on the People to discharge their duties 
 
 as SUBJECTS. 
 
 In the year 1778, the Earl of Carlide, Wil- 
 liam Eden and George Johnftone, Efqrs. were 
 appointed by his Majefty, under the authority of 
 an Ad of Parliament, as Commiflioners to treat 
 
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 with the revolters. Thefe Commiflionfrs, after 
 they had been at Philadelphia and New York, 
 and made full inquiry into the ftate and temper 
 of the Colonies, gave ample teftimony of the 
 numbers and fufFerings of the Loyalifts, and of 
 the obligation of the State to give them fupport 
 and protection. This Teftimony is to be feen in 
 their letter to Henry Laurens, Efqj the Prefidcnt, 
 and other Members of the Congrefs : " Although, 
 ** fay they, we have no doubt of his Majefty's 
 " difpofition to remove every fubjeft of uncafi- 
 " nefs from the Colonies, yet there are circum- 
 **■ ftances of precaution againft our ancient ene- 
 *« mies, which, joined to the regard that muftr^be 
 " paid to the fafety of many, who, /row affeSiion 
 " to Great Britain, have expofed themfclves to 
 ** fuffer in this conteft, and to whom Great Britain 
 *' OWES SUPPORT at EVERY EXPENCE of blood and 
 ** treafure" 
 
 In the fame year, after the evacuation of 
 Philadelphia, the Congrefs, for certain political 
 Reafons, did, by their refolve, recommend to 
 the Rebel States to repeal the fanguinary laws 
 made againft the Loyalifts, and to reftore them 
 to their properties. The Loyalifts alfo, conceiv- 
 ing that they were about to be deferted by the 
 ^ritifti arms, and hoping, through the intereft of 
 their friends, that they might obtain the reftitu- 
 tion recommended by the Congrefs, memeriali- 
 '■ • • zed 
 
[ 13 i 
 
 <C 
 
 <c 
 
 X- 
 
 2cd the CommifTioners on the propriety of their 
 purfuing the meafures neceffary to that end. 
 But the Commiflioners anfwered, " That they 
 ^' could not countenance any meafure, tending 
 to a reconciliation with his Majefty's rebellious 
 SuhjeSis, upon ternns inconfiftent with thofe 
 •' already propofed to the American Congrefs ; 
 " nor give fanftion to atrjf a£iy by which the 
 •* fubjedt of the State may be led to rtf- 
 ** nounce his allegiance to his Majefty, or to join 
 '' with his enemies." Thus the Loyalifts, 
 when they had a profpeft of their recover- 
 ing the lofles and facrifices they had made 
 in the caufe of Great Britain, were forbid to take 
 any meafures for that purpofe ; and were left de- 
 ftitute of all hope of refiitution, but in a fup- 
 preffion of the rebellion, ov o{ eompenfation^ but 
 in the laws and juftice of the Nation. 
 
 While the fame CommifTioners were thus aft- 
 ^" ing in purfuance of their duty to the Crown, they 
 were further careful in urging the Loyalifts to a 
 fteady perfeverance in their allegiance. They 
 ilTued their Manifefto and Proclamation, dircdt- 
 ed to " The Congrefs, the feveral Aflemblies, 
 •« and all other the free Inhabitants of the Colonies 
 *' of every rank and denomination." In this Ma- 
 nifefto they declare to the Congrefs, " That they 
 *' are refponfible to their countrymen, to the 
 " world, and to God, for the continuance of the 
 
 " war. 
 
[Hi ' 
 
 •f • war, and for all the miferies with which it muft 
 *f be attended." ^ ': ; 
 
 ■;} . 
 
 • •' -t ■ 
 
 t;'-' 
 
 S. " ■ 
 
 After calling upon ihe general affemblies, and 
 conventions of the Colo .lies, to confider their offers 
 of peace, they add, *' It has not been, nor is it 
 ^' our wifli to feek ',ne objects which we are com- 
 *» rpiflioned to purfue, by fomenting popular di- 
 *' vifions and cabals j but it is both ourwifli and 
 •* our duty to encourage ond fupprt any men, or 
 ** bodies of men, in their return of loyalty to 
 ** our fovereign, and of afFeclion to our fellow- 
 «* fubjeds." They further add, «« If, however, 
 •* there are any who think, notwithftanding thefe 
 •< reafonings, the independence of the Colonies will, 
 ** in the refult, be acknowledged by Great Britain j 
 <* to them we anfwer, without referve, that we nei- 
 *' ther poflefs nor expert powers for that purpofe : 
 «» and if Great Britain could ever have funk fo 
 •* LOW as to adopt fuch a meafure, we fhould not 
 *« have thought ourfelves compellable to be the 
 «* injlruments in making a concejfton which would, 
 «* in our opinion, be calamitous to the Colonies 
 ** to whom it is made, and difgr.aceful, as well as 
 •* calamitous, to the country from which it is re- 
 ** quired," 
 
 Having urged thefe, with a variety of other 
 arguments, to difiuade and deter the feditious 
 from their lawlefs revolt, and to encourage the 
 Loyalifts in a perfeft reliance on the faith and 
 
 protedion 
 
 i 
 
protc£lion of the Britifli Government, they call 
 on the people of America *« to vie with each other 
 " in eager and cordial endeavours to fecure their 
 " own peace, and to promote and ellablifli the 
 ** profperity of their country, 'nd the general 
 " weal of the empire.*' And they further, in an ex- 
 prefs and particular manner, apply to, and 
 command, " all officers civil and military, and 
 •< all other bis Majefiy's loving fuhje£fs whatever^ 
 " to be aiding and affifting unto them in the exe- 
 *• cution of their Manifefto and Proclamation, 
 •« and all matters therein contained." 
 
 Thus encouraged by the refolutions and a<5ls 
 of the Britifti Parliament, thus continually called 
 upon by his Majefty, his Commiflioners and Ge- 
 nerals afting in his name, and under the autho- 
 rity of Parliament, and firmly relying upon the 
 eftablilhed rights of citizens, and the Royal and 
 national faith fo repeatedly pledged for their pro- 
 teftion and indemnification, the Loyalifts, who 
 now claim the juftice due to them as fubje(5ts, 
 did not hefitate refpefting the part they were 
 bound to take. The protedlion and juftice due to 
 them from the State, and the duty they owed in 
 return, were always before them. Impreft with 
 a perfect confidence in the firft, they reiblvcd not 
 to be deficient in the laft. Neither the allure- 
 ments of the higheft promotions and honours, 
 nor the moft beneficial emoluments of office, 
 
 - . often 
 
*\ 
 
 i 
 
 !li- 
 
 [ 16 ] 
 
 often proffei'ed to them, nor the threats and in- 
 timidations of the mod cruel and defpocic autho- 
 rity, inceffantly held out to them, nor the terrors 
 of fanguinary laws, and confequent executions^ 
 could move their attachment and allegiance to the 
 fovereignty of this country j and therefore, in 
 obedience to the calls of their Sovereign, they 
 took a decided part in the caufe of th( fellow- 
 fubjedts in Great Britain. 
 
 In dired confequence of this virtuous and me- 
 ritorious condudb, their perfons have been attaint- 
 ed, their eftates confifcated, fold, and appro- 
 priated to the ufe of the rebel ufurpation ; and 
 many of them, pofTeiTed of affluence and a degree 
 of happinefs, furpaflcd by that of no people in any 
 country upon earth, have devoted the whole of 
 their fortunes and their felicity to a religious ob- 
 fervance of the conditions and duties of fociety, 
 find to the national fafety. 
 
 ..'• . j.Ut, 
 
 » # 
 
 THE 
 
 h ■ 
 
 t I 
 
t *7 1 
 
 
 ,'t 
 
 .mt 
 
 € L A I M 
 
 
 .:'^ > ic, ,".^u\:^ OF THE .: •••t.'ii- £ui 'o iLGt 4: 
 
 » ^. (^ " «^ «a 
 
 AMERICAN LOYALISTS. 
 
 i ' 
 
 IN the preceding ftatc of fails, we haVe cdn- 
 didly rcprcfcntcd the Cale of the American 
 Loyalifts. It now remains^ that we confider the 
 Claim which they have upon their fellow-citizens^ 
 'l^y the eiiablifhed law^ of all focieties, and, in par^ 
 ticulaf, by thofe of Great Britain. This we will 
 endeavour to do, with the itridlefl regard to 
 truth* and juftice. 
 
 _ fc • »-^ I 
 
 The great aim and end of civil fociety is pro- 
 teAion of the pcrfons and properties of individuals^ 
 by an equal contribution to whatever is necciffary to 
 attain and fccure it. Fori fince all the indi- 
 viduals who compofe the union are. to partake of 
 its protedlion, and of every other benefit refulting 
 ■from iti nothing can be more juft, tfian that the 
 ixpences, burthens, andfacrifces, necfeflfary to pre- 
 fcrve it, fliould be eqfiially diftributcd and prrf- 
 ^ortionably fuftaincd by all. 
 
 fi 
 
 N<» 
 
1» 
 
 %■■ 
 
 I 
 
 No man in his fenfcs would enter into a fociety 
 where a contrary law or principle was eftablilh- 
 cd. Should there be found one among the va- 
 rious forn'vs of Government, in which an indivi- 
 dual might be compelled to rifquc his perfon in 
 its defence, wiihotit being paid for it, or to incur 
 a lofs of his eftate without a compenfatiorii or even 
 to bear an unequal burthen of the cxpences and fa- 
 cnfices ncccflary to be made for the public Jafety, 
 where would be its public juftice ? Men would 
 juftly prefer a Itate of nature, with all its inci- 
 dental mifchicfs, to fuch a fbciety : for they would 
 readily perceive, that that proteftion and equal 
 juftice, for which they had furrcndcrcd up their 
 natural liberty, was not to be found in it. In- 
 deed> this principle of ^j«^/^'w/?/Vtf d^nd individual 
 fecurity is damped in the nature^ and is of the 
 eJencCi of all civil focieties, and pervades all their 
 laws, whether fundamental or municipaK 
 
 In the civil inllitutes of every focicty, wc find 
 it an eftabliflied rule, that all facrificcs made by 
 individuals, for the benefit or accomnnodation ol 
 othersj fhall be equally fuftaincd by all thofe who 
 
 partake of it. 
 
 " . •* 
 
 If two or more men lliip merchandize in the 
 fame bottom, and the property of one of thein is 
 thrown into the fea to fave the (hip and the reft of 
 the cargo, the lofs fliall be averaged, and equally 
 fuftained by all the owners, 
 
 4 i» 
 
t «9 1 
 
 
 If a houfe is pulled down, or a piece of ground 
 taken from an individual, for the public benefit 
 or convenience, the value ihall be paid to tiic 
 owner by a contribotion or, tax laid upon all to 
 whofc convenience it is appropriated. ,{.,;^ ' 
 
 1\1J.} 
 
 ,1... 
 
 Such being the law in regard to the property 
 of individuals when felled on for the ufe of a par- 
 ticular diftrid, or number of perfons, it would be. 
 firange indeed if it were otherwife, in regard to 
 property, fei^ed.pn, or facriftqed by individuals to 
 the common fafety or advantage of the vibolefodety. 
 The abfurdity is too grofs, and the injuftice too 
 flfjanifeft, ever to have b^en a part of any political 
 fyftem. In bpth cafps the individual is equally 
 entitled to a cocnpenfation, and it ipufl: be allow- 
 ed, that in the latter the fociety at large is the 
 inoft able to make, it j and reafon, and the prin- 
 ciples pf natural juftice, equally demand it ia 
 
 s%l; UA' 
 
 •i'^. 
 
 There is no fundamental law of ciyil fociety 
 inore clearly eftablilhed, or better underftood, 
 than th^t of trcnfcendentd. propriety, or eminent 
 domain, By this law, the fupreme power of every 
 ^tate is authorifcd to take and difpofe of the wealth 
 and property of individuals, when it becomes ne- 
 (ejfary tQ,ihe pullic fafety. But the fame law en- 
 joins that power 'fo. mzk^ fyll compenfation for th? 
 property taken or given up, to the owne^ of 
 
 P 2 ir» 
 
it> and obliges the fociety to furnifli the metnt of 
 doing it. Ic is a maxinn founded in this law, af 
 well as one of natural juftice, ^i fentit commodutr 
 fentitt debet et onus — thofe who (hare the benc- 
 iits refuhing from any particular thing ought to 
 Ihare the burthens neceflary to obtain and fccurc 
 it : and therefore, as all the individuals arc in- 
 tercfted in the public welfare, it has been the uni- 
 verfal practice of nations to compcnfatc their pri- 
 vate fubjefls out of the public purfe, for the facri- 
 ficcs made on the command of the Sovereign tQ 
 the public fajety. 
 
 PuFFENDORF, in explaining the force ^nA extend 
 of this law, tells us, «* It will be confciled, agree- 
 ** able %o natural equity, that when contributions 
 *' are to be made for the prefervation of fome par- 
 *'.ticular thing, every man ihould pay bis quota ; 
 «• and one (hould not ht forced to bear more of the 
 " burthen than another. And the fame holds to he 
 " equity alfo in Commonwealths. But becaufe the 
 *f State of a Conqmonwealth nnay be fuch, that 
 «•' either fome preffing ngcejfity will npt give leave; 
 " that every particular fubjed*-s quota fhould be 
 «5 colle^ed, or elfe, that the public may be fouiid 
 " to want the ufe oi fomething in the pofleflion df 
 forne private fubjei5t, it muft be allowed, thkt 
 thbfbvereign power may feize upon it, to ^.nfwec 
 '' tht necej/ities of the State: hut then all aboifi 
 *« the proportion that was due from the proprietors 
 
 ft 
 
 te 
 
i; ai 1 
 
 i§ is to be rif undid to tbem hy the reft of thefuh* 
 
 To illuf^rate the principles here laid down, the 
 fame author mentions the following examples : 
 
 A Sovereign may proftrate the houfcs a^ 
 fences, or lay open the fields or gardens of pri- 
 vate men, to make room for ramparts or ditches^ 
 if it be neceflary to the fortification of a town. 
 
 , In fieges, houfes or trees may be proHrated or 
 cut down, to deprive the enemy of (belter, 
 
 Ijf privatp men lay by materials for their own 
 ILife^ fuch material^ may be feized and made ufe of 
 in fprtiftcj^tions, ., . ^ ... , . . , 
 
 ' Ir, in a general fcarcity, the flore-houfes and 
 granaries of private men are ftiut up, they may 
 be ppenpd to fppply the neccflitiespf the people. 
 
 The private coffers of individuals, who fee the 
 State in extremity^, and will not lend their money 
 to relieve it, may be feized on and rifled. Cyrus 
 did fo, engaging to make rejiitution, and it was held 
 lawful and juiiifiable : but the condud of the in- 
 debted and bankrupt Caefar, in compelling the 
 |lomans to lend him iponey, and refolving never 
 fppay it, has been ever conderpned as unlawful i 
 
 * Pvi^hdorf, b. viii. c. r. f. J,* 
 
 ^9X 
 
I 
 
 ( 
 
 ^ i 
 
 ^fH' 
 
 I. 
 
 nttt^bicaufe he compelled them to make the loan, 
 
 but becaufe he rcfolved not to repay it, . ,*>« - *-' 
 
 ,:!lF,riber^ ia no other means of faving a focicty 
 but thac of dcftroying a part or diftridi of ir, the 
 fovereign may lay it wafte, and remove whatever 
 may be ferviceable to the enemy out of it. 
 
 . ; AxL thcfe aifls, with many others, arcjuftifiable 
 under the fundamental law l'^ eminent domain, com-* 
 mon to all civil fucieties, and not inconfiftent 
 with the compadl of union which men enter into 
 when they oblige. themfelves to perform the du- 
 ties of citizens : for the public fafety is the fu- 
 preme law of civery State; and the rights, privi* 
 leges, and properties of private men, rhuft yield 
 to the neceffities of the Commonwealth. But, 
 ** however (lays Puffcndorf, when treating on the 
 *^ cafes we have mentioned under this law), zvitb- 
 " out difpute, they thai: have lojl or facrificed their 
 "fortunes to ♦"he puhUc fafety in fuch extremities, 
 " ought to have a rejlitution or fatisfa^ion made 
 " them, af f(ir (is, it is possiBtE ly the Cgmmon^ 
 
 (( 
 
 we^Ub 
 
 # »» 
 
 ■The fame author, and indeed every other on 
 the fubjed, further exprefsly agree, that under 
 this lav/ of eiviner.t doma'w, if a prince is com- 
 pelled, by mceffity, to alienate in a treaty a part of 
 bis dominions, the ioifes of individuals, whofc^ 
 
 • Puffindorf, V. yill. Ct v. f. 7, 
 
 . >*• 
 
 fortupei 
 
i>3 i: 
 
 .3<;v 
 
 fortunes are Tacrificed to the niitional fafetyt niuGt 
 be made good by the nation j and therefore wc find 
 that, to avoid or leflcn tlie weight offuch lofles, 
 it has ever been ufual, where it could pofliblf 
 be done, to ftipulate in the treaty, that the indi- 
 viduals (hall be rejlored to their property, or, if 
 not taken from them, (hall retain it, with liberty 
 to difpofe of it to the beft advantage, and to return 
 with the proceeds of it to the fociety of which 
 they are members. The reafon of this is, bc«- 
 caufe a fociety cannot cafl off, or finally abandon, 
 one of its citizens, who has faithfully performed 
 the conditions of fociety, without Ms confenty while 
 he claims the rights and benefits due to him as 
 fuch, andjs capable of enjoying them, 
 
 " Wha^^^ power (fays PufFendorf) the Common- 
 •* wealth hath to excufe or cede the goods^of pri- 
 " vate fufa^efts upon a pacification, muft be dif- 
 «« covered from the nature of tnanfcendental pro* 
 priety j upon the force of which the goods and for* 
 tunes of. private men may be given up whenever 
 ** the necej/ities of the Stale zi'id public inter eji re- 
 " quire it : but with this confideration, that the 
 State is obliged to male good fuch lofles to the 
 fubje£f out of the public i "venue, either imme* 
 " diately, or at leaft as foon as pebble. But whe- 
 *' ther a particular fubje£l/s goods may be ex- 
 •' cufed or taken from him, muft, in a monarchy, 
 (;. e. an nbfolute monarchy) be determined 
 by tlic prince; and the whole body of the 
 
 fubjecls^ 
 
 (t 
 
 <c 
 
 €€ 
 
 CC 
 
 C( 
 
 S€ 
 
 €< 
 
i I 
 I 
 
 11 II 
 
 I 
 
 »■ k; 
 
 I 
 
 I 
 
 
 C H 1 
 
 *^ fubjeds, upon his commakd, is ohUged to mak^ 
 ** fatisfaiiiofi to the pcrfons that have fuftaincd 
 *« lofs upon the public account beyond his own 
 
 proportion 
 
 ♦ »» 
 
 •^ BuRLAMAQui, when treating upon the fame 
 fubjedt, fays, " That it is really a maxim of na- 
 *.< tural equity, that when contributions are to be 
 " made for the necejftties of the State, every man 
 ** ou^t to pay his quotas and Ihould not ht forced 
 *^ to bear more of the burthen than another." _ 
 
 \-l,l)'y.-i\r\ Vi'Wl:.; ; 1 V ' 
 
 VI 
 
 •}\'i 
 
 .t I ; ' .i* ««. »* I I ».,*0 
 
 " And fmce \i may happen, that the preffirig 
 «« wants of the State may oblige the Sovereign to 
 « feize on foitlethVng in the poflefllbn of forrte 
 « private fubjedt, it is juft, in thefe cafes, that 
 ** the proprietors Ihould be indemnified either by 
 " their fellow fubjeSts, or by the Exchequer ^ for 
 «« what exceeds his proper Ihare, at kaji as near 
 
 The faiiie author, when treating of the right 
 ,of the fove reign to alienate by /r^<?/y the domi- 
 nions of the State, further adds, Th^t '* as for 
 *' the effects of a private fuhjeSl ceded ^ith the 
 «« territory, the Sovereign, as fuch, has a tran- 
 ** fcendental or fupereminent right to difpofc of 
 <« the goods and fortunes of private men ; con* 
 
 viil. f. 3. 
 
 • PufFendorf, b. viii. t. 
 
 f rarrama(|ui, Pol. Law, part iii. c. 5. f. 27, tti 
 
 " fequentl}^ 
 
X H ] 
 
 « fequently he may give them up as often as the 
 «* public advantage or neceffity requires itl but 
 ** with this confideration, that the State ought to 
 <* indemnify the fubje^for the lofs he has fuftaified be* 
 ** yond his own proportion* ** • - 
 
 Monfieur de Vattel, in his Treatifc on the Law 
 of Nations, and indeed every other authOi on the 
 fubjed, gives the fame explanation of the law of 
 eminent Domain^ and eftablilhes the dodrinc of 
 compenfation here laid down. " The right (fays 
 " he) which belongs to the fociety or the fovereign, 
 <* ofdifpofing, in cafe of neceffity, and for the 
 *< public fafety of all the wealth contained in the 
 " State, is called the eminent Domain, It is evi- 
 " dent, that this right is, in certain cafes,, ne- 
 " ceflary to him who governs, and confequently 
 *' is a part of the fovereign power. When, therc- 
 «* fore, it difpofes, in a cafe of neceffity of the pof- 
 " fej/ions of a community, or an individual, the aliena- 
 " tion will be valid. But justice demands, that 
 " this community, or this individual, be recompenfed 
 " out of the public money ; and, if the treafury is 
 " not able to pay it, all the citizens are obliged to 
 " contribute to it : for the expences of a State 
 *' ought to be f upper ted equally, and in a juji pro- 
 " portiov. It is in this, as in the throwing mer- 
 ** chandize over-board tofave the vejfel f.** 
 
 i 
 
 • Bnrhinaqut, part iv. c. xiii. f. 6. 
 
 f Vattel on the Law of Nations, b. i. c. x. f. 242. 
 
 E 
 
 Many 
 
I ! 
 
 ^ . t « j%.^. 
 
 ' 1 
 
 [ 46 ] 
 
 Many precedents, both ancient and modern, 
 founded on the law of eminent Domain, might be 
 adduced from the uniforoi pradicc of States to 
 ill uftrate this truth : ^ ' 
 
 In the civil war which happened in Spain in 
 the fifteenth century, and which ended in the 
 independence of the States of Holland, the prin- 
 ciple of national juftice here contended for was 
 ftridljr fulfilled. The war had continued near 
 half a century. The attainders and profcriptions 
 were numerous in proportion to the duration of 
 the warj and yet when the belligerent powers 
 met to treat of peace, confcious of the juftice, as 
 well as found policy, of indemnifying thofe who 
 had fuffered more than their own proportion, by 
 iojOTcs during the war, among a variety of other 
 equitable articles, it was finally ftipulated. That 
 all real eftates which had been " fcized, expofqd 
 ** to fale, or profcribed, on account of the war,** 
 fhould be reitored to the former owners j and 
 .that for all goods fcized and fold by the public 
 officers, the owners Ihoula have the goods re- 
 turned, or receive fix pounds and a quarter yearly 
 for every hundred pounds. ,•'^^^^ .\ , , , . 
 
 In the Treaty of Utrecht, care was taken to 
 reftore the Honors and Domain of Chaitelberauk 
 to the family of Hamilton j and the Honors and 
 Domains of Auhigny to the family of Richmond, 
 

 In 
 le 
 
 [ a? ] 
 
 At the termination of the laft war, when France 
 ceded the province of Canada to Great Britain, 
 Ihe was fo tenacious of the .fafcty and protection 
 of her Subjefls, that fhe infilled on, and it was 
 accordingly agreed, that the Canadians (hould 
 retain their property, and that fuch as did not 
 chufc to become the fubjefls of Great Britain, 
 but wifhed to return to their former allegiance, 
 ihould have a right to difpofc of their property to 
 the beft advantage, and to tranfport its pro- 
 duce unmolefted to :heir own Society. At the 
 fame time, the like ftipulation was made in the 
 ceffion of New Orleans to Spain. ■ ; a >, ' } 
 
 Whbrb the nature and iflfuc of the war 
 have not admitted of thefe kinds of indemnifica- 
 tion, it has ever been the uniform praftice of 
 nations to make a compenfation out of the public 
 treafury. In thefe a<^s of public juftice, fo con- 
 fident with the nature and fafety of Society, and 
 fo neceflary to the encouragement a:nd fupport of 
 its members, in their fidelity to the State, the 
 American Sufferers contemplate with pleafure, 
 that Great Britain has been furpafled by none. 
 Of this truth, a -perufal of her hiflory will afford 
 abundant demonftration. 
 
 In the year 1689, by the i W. & M. c, 9, 
 all the Protellants who had continued faithful in 
 their allegiance to the Britifh Government, during 
 
 E z the 
 
!i 
 
 1,1' 
 
 
 «^ v^ A-: 
 
 
 i 
 
 i I 
 
 I ! 
 ■ ( 
 
 ; i 
 
 ' ! 
 
 iU 
 
 t ^8 3 
 
 the rebellion in Ireland, and h^d incurred a forfeit- 
 ure of their eftates under the ai5ts of the rebel 
 parliament, were '* rejiored to their poffeffions, 
 as well ecclefiaftical as temporal, in the fame 
 manner they were held before the rebellion.** 
 
 «c 
 
 « 
 
 f In the year 1709, during the wars of Queen 
 Anne, the French had invaded Nevis and St, 
 Chriftophers, and committed great depredations 
 on the inhabitants. By a ftatute pafled in that 
 year, the Parliament granted 103,003/, f i/. 4^. 
 as a compenfation to the Sufferers for the lofTes 
 fuftained by thofe depredations* . 
 
 >> ( 1 
 
 i In the year 17 15, by the i Geo. c. 44. After 
 reciting " the loyalty and zeal which the cjty of 
 *' Glafgow had Ihewn," in expending a fum pf 
 money in putting *? themfelvcs in a pofture of dc- 
 ** fence againft the rebels and traitors," the Par- 
 liament, in confideration of their loffes and cx- 
 pences, granted to the City a duty upon ale and 
 beer for the fpacp of twenty-three years, a§ a 
 compenfation, • . . 
 
 In the year 17 j 7, by the 4 Geo. ?. c 8^ " All 
 
 «f perfons who had continued dutiful and faithful 
 " to her Majejly, and whofe houfes or goods had 
 f* been burnt by the rebels in Scotland, or burnt 
 ?* or otherwife deftroyed at Frefton in lyancalhifc 
 " by the rebels, or his Majefty's army, fhall be 
 5* fully reimburfed and repaid their lofles by the 
 
 " refpeftiye 
 
)rfeit- 
 
 rcbcl 
 
 |flions» 
 
 fame 
 
 Ion.** 
 
 ueen 
 St. 
 atioQs 
 n that 
 
 i loiTps 
 
 After 
 city of 
 fum of 
 ! of dc- 
 be Par- 
 ing cx- 
 aleand 
 Sj a$ a 
 
 "All 
 faithful 
 ds had 
 r burnt 
 cafhifc 
 hall be 
 by the 
 
 / 
 
 t 29 3 
 
 " rcfpeftive Exchequers of England and Scot- 
 «< land." ,..,. ■.,;. ■,. :, .:•■':•- --^-^-^ 
 
 In the year 1725, Daniel Campbell, Efqj had 
 been concerned in promoting an Aft for laying a 
 duty upon Malt. A mob rofe at Glafgow, and 
 deftroyed his property : And the Parliament, by 
 the 1 2th of Geo. i. c. 27. extended the national 
 juftice even to his cafe, and ordered his Icflcs to 
 be repaid out of the produce of certain duties, 
 ** clear of all dedudtions." For, fays the Sta- 
 tute, *' the great lofles and damages fuftained, 
 ** being on account of the concern he had, or 
 *' was fuppofed to have had, in promoting the 
 " A61 for laying a duty upon Malt j it \%jujt 
 " and reafonable that the faid damages and lolFcs 
 *' Ihpuld be made good mdfle/aid to the faid Da- 
 f niel Canopbell." ' ■ ■ , 
 
 In the year 1747, a Petition by Dr. Swinton, 
 for a compenfation for fundry houfes deftroyed at 
 Chefter, in confequence of the preceding r&cU 
 lipn, the honour and juftice of the Nation was 
 fo much concerned in a compliance with it, that 
 it came down recommended by the King ; and 
 was received by the Houfe, though the time li- 
 inited for private petitions was expired. It was 
 afterwards committed to a Committee of the 
 whole Houfe ; and, by the •fame Adl which grant- 
 ed the public aids, a lum of money was given 
 ^s a compenfationt 
 
 In 
 

 I 30 ] 
 
 In the year , when the State found it 
 
 neccflary to cede to France the Ifland of St. Lu- 
 cia, annple compenfation both of honours and 
 revenue was made to the Duke of Montague, the 
 proprietor. The Order of the Bath was renewed. 
 He was created Chancellor, and enjoyed the ex- 
 tenfive emolunnents of that office. 
 
 li 
 
 
 In the year 1764, feveral tumults and infur* 
 regions, in oppofition to the authority of Par- 
 liament, took place in America. The houfes 
 and other valuable property of divers perfons, 
 who had difcharged their duty in attempting to 
 carry the A6t of Parliament for laying a Duty on 
 Stamps into execution, were dcftroyed. His 
 Majefty laid thefe lawlefs proceedings before the 
 two Houfes of Parliament. Upon due confider- 
 ation, andinftriSi conformity to the Law of Indem^ 
 nificatiotii for what a Subject has Jofl in difchar^in^ 
 his duty to the State, both houfes 
 
 Resolved, " That an humble Addrefs be prc«- 
 ** fented to his Majefty, to defire, that he would 
 <« be gracioufly pleafed to give inftruftions to the 
 <• Governors of the feveral provinces wjicre thofe 
 ♦' tumults and infr regions have happened, That 
 ** they fhould, in his Majefty*s Name, require the 
 ** Affemblies of the faid Provinces to make a pro- 
 <« per recommence to thofe who have fuffered in their 
 
 " Perfons 
 
 1 
 
 [1 
 
 ■ 
 
It 
 
 \ 
 
 [ 31 ] 
 
 •* Perfons or Properties, in confiquence of the /aid 
 " Tumults and InfurteSiions i and to afTure his 
 " Majefty that they will, upon this and all Occa- 
 ** Jions, fupport the lawful authority of the Crown 
 •* and of the rights of Parliament." ,,„, ^ ^ 
 
 And they further ■ v/. V. .v . , ... -n ■\ 
 
 Resolved, " That all his Majefty*s SubjcAs, 
 " refiding in the faid Colonics, who have mani- 
 *« fefted their defire to comply with, or to ajpft in, 
 *< carrying into execution the A6t for laying a 
 *' Duty on Stamps, or any other A£t of Parlia- 
 " ment in the Britifh Colonies in North Ame- 
 ** rica, have afVed as du4iful and loyal Suhjeils, and 
 *' are therefore entitUd to, ind will ajfuredly have, 
 " tht favour and froteSion of this Houfe," . . 
 
 In the year 1767, the Houfe of Commons took 
 into their confideration the ftate of North Ame- 
 rica i and after full deliberation, came, among 
 others, to the following Refolves, viz. :, ^; / 
 
 Resolved, " That tumults and infurredions 
 /' of the moft dangerous nature have beenraifed 
 *' and carried on in the North American Colonies, 
 /* in open defiance of the powers and dignity of his 
 '• Majefty's Government, and in manifejt viola- 
 ** tion of the legiflative authority of this king- 
 
 •, . • . • , Resolved, 
 
*•"•• 
 
 »»■•* 
 
 [ 
 
 3* 3 
 
 ' Resolved, " That fuch perfons, who, on ac* 
 " count of the dcfirc which they have manifcfted, 
 ** to comply with, or to ajfiji in carrying into cxe- 
 " cution, any adls of the legiflature of Great 
 " Britain, relating to the Britilh Colonies in North 
 ** America, have I'ufFered any injury or damage, 
 ** ought to have full and ample compen/aiioh trndc 
 «* to them for the fame by the refpective Colonies 
 " in which fuch injuries or damages were fuf- 
 «* tained." 
 
 Resolved, " That all his Majefty's fubjedls 
 *« refiding in the faid Colonics, who have mani- 
 *« fefted their defirc to comply with, or to a^Jl in, 
 *« carrying into execution any afts of the legifla- 
 ** turc relating to the faid Colonies in North 
 ** America, have afted as dutiful and loyal fuhje^s, 
 «« and are therefore entitled to, and will ajfuredly 
 ** have, the prote£iion of the Iloufe of Commons of 
 " Great Britain." '^ w -. . , . i 
 
 The fame Houfe of Commons, imprcfled not 
 only with a juft fenfe of the national juftice which 
 the Loyalifts contend for, but with the policy and 
 necejjity of holding out dijiinguifhing rewards, and 
 marks of the national favour and approbation to 
 thofe who had accepted of, and ftiould perform 
 their public trufls, ^ 
 
 Resolved, " That an humble addrefs be pre- 
 " fentcd to his Majefty, that he will be gracioufly 
 
 pleafed 
 
 (C 
 
^' plcafcd to cbnfer fome marks of his koyal favour 
 " on thofe G$vernors and Offic&s in the fcvcral 
 ** Colonics who diftinguiflied themfclves by their 
 *« zeal 2LiiA fidelity in fupporting the dignity of the 
 " Crown, the juft rights of Parliament, and the 
 ** fupreme authority of Great Britain ovef the 
 «' Colonies, during the late difturbances in Ame- 
 
 " nca. 
 
 >* 
 
 t ,.«'•» 
 
 Many more precedents of compenfation fbrfa- 
 trifices made by the private fuhjeSfy and of diftin' 
 guijhing marks of public favour to official, as well as 
 private men, might be adduced from the hiftory 
 6f all nations, and in particular from that of the 
 Britii''" ; but the luoyalifts think it unneceflary to 
 recite them ; becaufe they conclude, that it is cafy 
 for Britons to conceive, that if this was not the 
 law of Great Britain 5 if Great Britain is not 
 bound to make compenfation to individuals for 
 the facrificcs made to the public intcreft and 
 faftty, then, while it pofleffcs private, it wants 
 pubL'c juftice. The property of the people 
 would be at the abfciute difpofal of the Sove- 
 reign. For the compenfation enjoined by the 
 law of e-minait Domain is the only check upon 
 the abufe of it. That juftice and protcftion, to 
 purchafe which men give up their natural liberty, 
 would be wanting in the Britifli government. 
 Inftead of being adapted to the prefervation and 
 fccurity of its fubjciHis, it would be defpotic ; 
 - F nay 
 
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 If 
 
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 ; 
 
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 Ir' 
 
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 r 34 r 
 
 nay more, it would be a fyftcm of injuftice and 
 opprefllon. It would be a governmcnc founded 
 in principles more unjuft, dilhoneft, and oppref- 
 five, than any other upon earth : for this great 
 and equitable law of reflitution for property de- 
 voted to the public fafety, is common to the 
 mod abfolute monarchies. ^^ • ,, , ., 
 
 After fo many authorities" direiflly fupporting 
 the Cafe of the American Loyalifts, little more 
 need be faid to prove the legality and juftice of 
 their claim upon the nation. They were, and 
 yet are as perfeflly fubjefls of the Britifli State, 
 as any man in London or Middlefex. They 
 were as much bound by all the obligations and 
 duties of the ibciety, and confequently as much 
 entitled to the protection and juftice of the State j 
 and therefore, the Crown can have no greater 
 right to facrifice their property to the public 
 fefety, than that of any other fubjefl, without 
 compenfation. They have been called on by 
 their Sovereign, when furrounded by tumult and 
 rebellion, to defend the Supreme Rights of , the 
 Nation, and to aflill in fupprefiing a rebellion, 
 which aimed at their deftruftion. The have 
 received, from the higheft authority the moft: 
 folemn afllirances of prote^liotiy and even re^ 
 ward, for their " meritorious fervices" Thefe 
 Calls, and ihefe Afllirances, have been repeated 
 again and again, during the times of the great- 
 
 Cft 
 
[ 3i ] 
 
 I 
 
 tft danger, and even after many hundreds had 
 fallen vidlims to the unrelenting cruelties of the 
 Rebel States, on no other account but tliat of 
 their allegiance to their Sovereign, and fidelity 
 to their fellow- fubjeds in Great Britain. They 
 have, notwithftanding thofe cruelties, at every 
 hazard, and in the face of the mod imnninent 
 danger, obeyed thofe calls, and gcneroufly llept 
 forth in defence of the Supreme Authority of the 
 State, In direct confcquence of which, their 
 lives have been attainted, their eftates confifcated 
 and applied to the ufe of the Rebels. Thus 
 called on, and having fuffered fuch loflTcs, and 
 made fuch fucrifices to the Public Safety, they 
 conceive that they have, in an efpecial manner, 
 an inconteftible right to national juftice and pub- 
 lic prote6tion. And therefore they entertain a 
 well-grounded confidence, that thofe loffes and 
 facrifices will not be folely borne by themfclvcs, 
 but will, as they ought, by every principle oflaw 
 and natural juftice, be equally diftributed ;;nd 
 borne by the whole focicty. On them the bur- 
 then will be light and inf>gn'-ficcint \ but were ic 
 to reft on the tuftering individuals, it would be 
 unjufi in the utmcji degree^ intckrablCi and ujimerci- 
 
 Tha% a nation, confiftir.g of 9,coo,oco of 
 
 people, and pollened of more real and fubftantial 
 
 •wealth than any other ia Europe, is able to do 
 
 this 
 
.'■N^'- 
 
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 ! 
 
 
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 m 
 
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 .,' 
 
 
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 11 
 
 ^! 
 
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 1 36 1 
 
 this a(5l of natural and legal juftice, without add- 
 ing in any confiderable degree to its burdens^ 
 will not, cannot be controverted. For probably 
 lefs than Gtie-fourth part of the fum n*ceflary to 
 defray the public exigencies of a war during one 
 year, will be abundantly fufficient for this equi- 
 table purpofe : and they truft in the liberality and 
 magnaninnity of the nation, that the plan of pub- 
 lic oeconomy, fo juft and fo necefTary in every fo- 
 ciety, v^ill not be a bar to thj jiiftice they have a 
 right to claim as individual fubjedsj nor be ex- 
 tended farther, in regard to tbemy than comnnort 
 juftice requires : for they conceive that the cou- 
 fideration ot public ceconomy can have no beginning 
 until the demands of public faith and national ju- 
 ftice are fulfilled j that however ufeful and neceffary 
 it may be, at all times, and upon all occafions, it 
 can have no weight when oppofed to public juftice i 
 and that, in the nature of things, it can only regard 
 the bounties and voluntary expences of the State. 
 
 "While the American Loyalifls thus contend 
 for public juftice, they cheerfully agree, that a 
 nation is not obliged to carry on a long and un- 
 -fuccefsful war againft nuinerous and powerful 
 - enemies. They will fuppofe, without prefuming 
 to judge, that the State is reduced to the unfortu- 
 nate alternative of continuing the war « the ex- 
 pence of twenty millions yearly, or, of giving up 
 the ejlates of a number of its faithful and deferving 
 
 a fubje^Si 
 
[ 37 ] 
 
 fubje^s. Even in this cafe, they perfuadc them- 
 iclves, thatthey arr juftifiable upon the principles 
 of civil fociety, in contending, that the ju(> ob- 
 jefts of public oeconomy can only didate the 
 prudence and juftice of avoiding the greater m/, 
 ^nd by the favings oi z permanent peace y to repair 
 the loffes and facrifices it inflidls on individuals, 
 its the price of obtaining it. 
 
 His Majefty and the two Hcufes of Parliament 
 having thought it neceflary. as the price of 
 peace y or to the interefl: and Mtty of the Empire, 
 or from fome other motive of public cdn/e- 
 nience, to ratify the Independe'.ice of America, 
 without fecuring any rejiitution whatever to the 
 Loyaliftsj they conceive that the Nation is 
 bound, as well by the fundamental laws of the 
 Society, as by the invariable and eternal piin- 
 ciples of natural juftice, to make them a com - 
 penfai'.on. 
 
 Sensible of the predicament in which they 
 {land as fubjefts ; and confcious that they have, 
 on their part, by their exercifes and facrifices, 
 more than fulfilled the condidons of Civil So- 
 ciety j they would be ^/anting to themfelves, 
 and to thofe tender connexions who have, from 
 neceffity, been the unhappy companions of their 
 niisfortunes, if they did not make their claim of 
 jufticc to thofe who are authorized to grant it. 
 
 And 
 
I 
 
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 I 38 ] 
 
 And therefore they do appeal to the fundamen- 
 tal laws of the Society of which they arc mem- 
 bers, — to the juftice of their Sovereign an4 his 
 Parliamjent, and of their Fellow-fubjefbs in Greac 
 Britain, — at \vhofe injiance, in fupport of whofc 
 Sovereign Rights^ and for whofe fakes^ they have 
 loft and facrificed all that men can pofTibly lofe 
 or fuffer, life itfelf only excepted. And they 
 make this Appeal under the firmeft confidence 
 in the Liberality and Equity of the Nation, 
 that the Juftice of thfeir Claim will be acknow-- 
 ledgcd, and a Compcnfation be accordingly 
 made* 
 
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