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fled the country, and against these refugees various harsh laws had been enacted. Their estates had been confiscated, and their Persecution return prohibited under penalty of of Tories imprisonment or death. Many others, who had remained in the country, were objects of suspicion and dislike in states where they had not, as in New York and the Carolinas, openly aided the enemy or taken part in Indian atrocities. Now, on the conclusion of peace, in utter disregard of Congress, fresh measures of vengeance were taken against these "fawning spaniels," as they were called, these "tools and minions of Britain." An article in the "Massachusetts Chronicle" expressed the common feeling: "As Hannibal swore never to be at peace with the Romans, so let every Whig swear, by his abhorrence of slavery, by liberty and religion, by the shades of departed friends who have fallen in battle, by the ghosts of those of our brethren who have been destroyed on board of prison-ships and in loathsome dungeons, never to be at peace with those fiends and refugees, whose thefts, murders, and treasons have filled the cup of woe." Tons of pamphlets, issued under the customary Latin pseudonyms, were filled with this truculent bombast; and like sentiments were thundered from the pulpit by men who had quite forgotten for the moment their Christian duty of preaching

reconciliation and forgiveness of injuries. Why should not these wretches, it was sarcastically asked, be driven at once from the country? Of course they could not desire to live under a free government which they had been at such pains to destroy. Let them go forthwith to his majesty's dominions, and live under the government they preferred. It would never do to let them stay here, to plot treason at their leisure; in a few years they would get control of all the states, and either hand them over to Great Britain again, or set up a Tory despotism on American soil. Such was Such was the rubbish that passed current as argument with the majority of the people. A small party of moderate Whigs saw its absurdity, and urged that the Tories had much better remain at home, where they had lost all political influence, than go and found unfriendly colonies to the northward. The moderate Whigs were in favour of heeding the recommendation of Congress, and acting in accordance with the spirit of the treaty; and these humane and sensible views were shared by Gadsden and Marion in South Carolina, by Theodore Sedgwick in Massachusetts, and by Greene, Hamilton, and Jay. But any man who held such opinions, no matter how conspicuous his services had been, ran the risk of being accused of Tory sympathies. "Timeserving Whigs" and "trimmers were the

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strangely inappropriate epithets hurled at men who, had they been in the slightest degree time-servers, would have shrunk from the thankless task of upholding good sense and humanity in the teeth of popular prejudice.

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In none of the states did the loyalists receive severer treatment than in New York, and for obvious reasons. Throughout the war the frontier had been the scene of atrocities such as no other state, save perhaps South Carolina, had witnessed. Cherry Valley and Minisink were names of horror not easily forgotten, and the fate of Lieutenant Boyd and countless other victims called loudly for vengeance. The sins of the Butlers and their bloodthirsty followers were visited in robbery and insult upon unoffending men, who were like them in nothing but in being labelled with the epithet " Tory." During the seven years that the city of New York had been occupied by the British army, many of these loyalists had found shelter there. The Whig citizens, on the other hand, had been driven off the island, to shift as best they might in New Jersey, while their comfortable homes were seized and assigned by military orders to these very Tories. For seven years the refugee Whigs from across the Hudson had looked upon New York with feelings like those with which the medieval exile from Florence or Pisa was wont to regard his native city. They saw

in it the home of enemies who had robbed them, the prison-house of gallant friends penned up to die of wanton ill-usage in foul ships' holds in the harbour. When at last the king's troops left the city, it was felt that a great day of reckoning had arrived. In September, 1783, two months before the evacuation, more than twelve thousand men, women, and children embarked for the Bahamas or for Nova Scotia, rather than stay and face the troubles that were coming. Many of these were refined and cultivated persons, and not all had been actively hostile to the American cause; many had simply accepted British protection. Against those who remained in the city the returning Whigs now proceeded with great severity. The violent party was dominant in the legislature, and George Clinton, the governor, put himself conspicuously at its head. A bill was passed disfranchising all such persons as had voluntarily stayed in neighbourhoods occupied by the British troops; their offence was called misprision of treason. But the council vetoed this bill as too wholesale in its operation, for it would have left some districts without voters enough to hold an election. An "iron-clad oath" was adopted instead, and no one was allowed to vote unless he could swear that he had never in any wise abetted the enemy. It was voted that no Tory who had left the state should be permitted to return;

The Trespass

Act of New
York, 1784

and a bill was passed known as the Trespass Act, whereby all persons who had quit their homes by reason of the enemy's presence might recover damages in an action of trespass against such persons as had since taken possession of the premises. Defendants in such cases were expressly barred from pleading a military order in justification of their possession. As there was scarcely a building on the island of New York that had not thus changed hands during the British occupation, it was easy to foresee what confusion must ensue. Everybody whose house had once been, for ever so few days, in the hands of a Tory now rushed into court with his action of trespass. Damages were rated at most exorbitant figures, and it became clear that the misdeeds of the enemy were about to be made the excuse for a carnival of spoliation, when all at once the test case of Rutgers v. Waddington brought upon the scene a sturdy defender of order, an advocate who was soon to become one of the foremost personages in American history.

Of all the young men of that day, save perhaps William Pitt, the most precocious was Alexander Hamilton. He had already given promise of a great career before the Alexander breaking out of the war. He was born Hamilton on the island of Nevis, in the West Indies, in

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