The religious division.—The religious factor was one of the most important causes of division. An Anglican bishopric for the colonies had long been contemplated and the dissenting churches believed that the ministry was about to urge its establishment. In New England where the Congregational church was in the ascendency and in those sections where the Presbyterians and Baptists were powerful, the establishment of an episcopate was especially feared. Already the Anglican church numbered three hundred parishes in America. Throughout the colonies it was the church of the official class and in the South it was the church of the aristocracy. The southern Episcopalians were divided on the paramount political questions, but in New York the religious and political parties coincided. New York politics for many years had been factional, the De Lanceys who were Episcopalians being leaders in invariable opposition to the Livingstons who were Presbyterians. Both in New York and Connecticut those of the Episcopal faith were almost invariably Loyalists.
The Tory argument.—The Tories believed in no taxation without representation, but they differed with the Whigs in their interpretation of the word representation. The Tories accepted the English meaning which was based upon the idea that a man enjoyed representation not by the fact that he had voted for a member of parliament but by his belonging to one of the three great estates of the nation, each estate being represented in parliament. They admitted that this was an imperfect type of representation, but it was the ancient constitutional type. They believed that the relationship of the colonies to the mother country should be defined more clearly, but they did not believe that the Whigs had a right to demand a fundamental change in the constitution of the British Empire.
Moses Coit Tyler has pointed out that the other Tory arguments were based upon questions of expediency, (1) Was it expedient to reject the taxing power of parliament? (2) Was separation from the empire expedient? The Whigs argued that parliamentary taxes might become confiscatory. The Tories replied that parliament recognized the principle that all parts of the empire should be taxed equitably and justly, and that a powerful minority, which counted among its members Fox and Burke, were bent upon protecting the colonies. The Tories could see no reason for separation. They pointed out that until the beginning of 1776 the Whigs had consistently disavowed the idea of independence. Why then this sudden change? The Tories believed that concessions were about to be made which would make separation unnecessary and undesirable.
Persecution of the Loyalists.—After Lexington the Loyalists became intolerable to the Whigs. They must show their allegiance to the patriot cause or suffer the consequences. The favorite method of persecution was tarring and feathering, but riding the Tory on the liberty pole or ducking occurred frequently. Under the direction of the revolutionary committees freedom of speech was suppressed and the liberty of the press was destroyed. Any one who opposed the Association was considered an enemy; he must agree or be persecuted. When the Loyalists attempted to form counter associations, they were met with stern methods of repression. Whig clergymen held conferences in Loyalist communities to try to convert them, and obdurate places were visited by armed bands. When the Tories attempted to arm, their leaders were seized.
Congress attempts to control the Loyalists.—The Loyalists were lacking in organization, and when the governors were driven from the colonies, they lost their natural leaders. When calls for aid came from the deposed officials, many Tories formed bands and attempted to coöperate with the British forces. So serious was the situation that Congress, as early as October, 1775, recommended to the revolutionary governments that they arrest every person who might endanger the colonies or "the liberties of America." On December 30 a congressional committee reported that the Tories of Tryon County, New York, had collected arms and munitions, and that several Loyalists had enlisted in British service. Orders were issued to General Schuyler to seize the stores, disarm the Tories, and apprehend their leaders.
Congress extends the olive branch.—Congress hoped to win over a large part of the Loyalists and on January 2, 1776, it passed a pacific resolution which stated that as certain honest, well-meaning, but uniformed people had been deceived by ministerial agents, it recommended to the various committees and friends of American liberty to treat such persons with kindness and attention, to view their errors as proceeding from want of information, to explain to them the true nature of the controversy, and to try to convince them of the justice of the American cause. The colonial governments were instructed to frustrate the machinations of enemies and restrain wicked practices. It was the opinion of Congress that the more dangerous ones should be placed in custody, and to accomplish this the local authorities were given the right to call to their aid the continental troops.
The Queen's County Tories.—Immediately afterward Congress learned that the Tories of Queen's County, New York, were especially troublesome. Congress accordingly decided that they should be put outside of the protection of the United Colonies, that all trade and intercourse with them should cease, and that none of them should be allowed to travel or reside outside of that county without a certificate from the revolutionary government of New York. Violators of this provision were to be imprisoned for three months and lawyers were forbidden to try causes for them. Troops were sent into the county.
Disarming of the Loyalists.—A congressional committee which had under consideration the defence of New York, on March 14 advised the disarming of the Loyalists on Staten Island. Congress immediately ordered that eight thousand men be sent to the defence of New York and recommendation was made to all the colonies to disarm all persons "notoriously disaffected to the cause of America," or who refused to associate to defend, by arms, the United Colonies. The confiscated arms were to be used in arming troops.
THE DECLARATION OF INDEPENDENCE
The colonies advised to form temporary governments.—Up to the beginning of 1776 the Whigs disavowed the purpose or desire for independence. But in spite of the view of the conservatives, Congress had been forced to assume the direction of the war and had been called upon to advise several of the colonies regarding the course to be pursued in organizing their governments. In answer to an inquiry from Massachusetts, Congress replied that no obedience was due to the parliamentary act altering the charter, and that the governor and lieutenant-governor were to be considered absent and the offices vacant. As there was no council, the provincial convention was advised to write letters to the inhabitants of the places which were entitled to representation in the assembly, requesting them to choose representatives; and when the assembly was chosen, it was to elect councillors, "which assembly and council should exercise the powers of Government, until a Governor, of his Majesty's appointment, will consent to govern the colony according to its charter." New Hampshire was advised to call a full and free representation of the people who might establish such a form of temporary government as would "produce the happiness of the people and most effectually secure peace and good order in the province" during the dispute with Great Britain. Similar advice was given to South Carolina and Virginia.