84. To point out the mode for the recovery of property unlawfully acquired under the British usurpation, and withheld from the rightful owners, &c. February 17, 1783.
85. Releasing certain persons from their bargains, &c. July 29, 1783.
86. For ascertaining the rights of aliens, and pointing out a mode for the admission of citizens. February 7, 1785.
87. To authorize the auditor to liquidate the demands of such persons as have claims against the confiscated estates. February 22, 1785.
88. To compel the settlement of public accounts, for inflicting penalties, and for vesting auditor with certain powers. February 10, 1787.[43]
Such is the array which illustrates the terrible earnestness of those times. In their struggle for National Independence, our fathers did not hesitate to employ all the acknowledged Rights of War; nor did they higgle over questions of form with regard to enemies in arms against them. To this extent, at least, we may be instructed by their example, even if we discard their precedents.
In the negotiations for the acknowledgment of National Independence these Acts were much considered. It does not appear, however, that their legality was drawn into question, although, as is seen, they exercised the double rights of sovereignty and of war. The British Commissioner, Mr. Oswald, expresses himself, under date of November 4, 1782, as follows.
“You may remember, that, from the very first beginning of our negotiation for settling a peace between Great Britain and America, I insisted that you should positively stipulate for the restoration of the property of all those persons, under the denomination of the Loyalists or Refugees, who have taken part with Great Britain in the present war: or, if the property had been resold, and passed into such a variety of hands as to render the restoration impracticable, (which you asserted to be the case in many instances,) you should stipulate for a compensation or indemnification to those persons adequate to their losses.”[44]
The American Commissioners, John Adams, Benjamin Franklin, and John Jay, declared in reply, that “the restoration of such of the estates of the refugees as have been confiscated is impracticable, because they were confiscated by laws of particular States, and in many instances have passed by legal titles through several hands.” As to the demand of compensation for these persons, the Commissioners said: “We forbear enumerating our reasons for thinking it ill-founded.”[45] In the course of the conference, and by way of reply or set-off, gross instances were adduced of outrages by the British troops in “the carrying off of goods from Boston, Philadelphia, and the Carolinas, Georgia, Virginia, &c., and the burning of the towns.” Franklin mentioned “the case of Philadelphia, and the carrying off of effects there, even his own library.” Laurens added “the plunders in Carolina of negroes, plate, &c.”[46] In a letter from Franklin to the British Commissioner, under date of November 26, 1782, the pretension of the loyalists was finally repelled in the plainest words.
“You may well remember, that, in the beginning of our conferences, before the other Commissioners arrived, on your mentioning to me a retribution for the loyalists whose estates had been forfeited, … I gave it as my opinion and advice, honestly and cordially, that, if a reconciliation was intended, no mention should be made in our negotiations of those people; for, they having done infinite mischief to our properties, by wantonly burning and destroying farm-houses, villages, and towns, if compensation for their losses were insisted on, we should certainly exhibit against it an account of all the ravages they had committed, which would necessarily recall to view scenes of barbarity that must inflame, instead of conciliating, and tend to perpetuate an enmity that we all profess a desire of extinguishing.…