others who acquired renown in the army and in the navy. The fourth generation from the refugee has contributed to the public life of the country, but most of this generation are still too young to have made their mark. The fifth is represented in this world, but its history is as yet unwritten. It is indeed true that the voice of the sixth generation has been heard by a privileged few.

CHAPTER III

LEGISLATION

An examination of the several resolves passed by the committee of safety and the provincial congress in Massachusetts, and later the resolves and statutes passed by the "assembly of the colony," will reveal the fact that there was some authority to be derived therefrom for nearly every outrage committed upon the property of the loyalists in the name of the committees of the several towns. No such legislation exists, however, under cover of which assaults upon the person could be justified. The great dramatist represents the brawlers in the streets of Verona, even while carrying out the traditions of the houses to which they belonged, as discussing whether they had the law on their side before they would take their chances of injuring their opponents in a street fight. Not so the patriots. However scrupulous they might be in seeking the protection of the law before invading property rights, they did not hesitate to maltreat offending tories in a lawless and scandalous manner. If acts of this sort were perpetrated by members of committees, they were subsequently brought under the ægis of the law. Any member of any of the committees of correspondence, etc., at any time prior

to the Declaration of Independence, who made any mistake in the seizure of property, or in apprehending or confining any person, was, by a law passed for that purpose, screened from suits for damage.'

The resolves and the statutes of this period also tell the story of the progressive change of feeling towards the loyalists which accompanied the growth of belief that the colonies might prevail, and that a separate government might be the result of the contest then going on. Even before the first collision at arms, many loyal citizens sought protection in Boston from the abuse of their former friends and neighbors. So long as there was no form of government except that under the charter, there was no such thing as an abandonment of property involved in taking such a step as this, but after the organization of the provincial congress, Massachusetts was for a time practically under two governments, the one having control in Boston, the other covering the rest of the province. When, therefore, after the battle of Lexington, citizens of the towns near Boston fled to that place, their flight was in some cases, at least, accompanied by an abandonment of property. In some instances relatives were left in charge of the homes thus deserted, but there were many prominent men who felt that personal safety was the first consideration, and who, being entirely

1 An Act to indemnify and secure from prosecutions in law persons who, by their laudable exertions under the late government of the King of Great Britain, have exposed themselves to actions of damage, and other prosecutions, in certain cases; passed April 10, 1780. Acts and Res. Prov. Mass. Bay, vol. v. p. 1169.

1

unprepared for the unexpected situation, were compelled to leave their homes without having had a chance to install representatives. Property thus abandoned was exposed to pillage. Its protection was the first thought of the authorities. At that time sequestration could not have entered the mind of anybody as a possible solution for the question of its future disposition. It may be assumed, therefore, that the sole motive which governed the first legislation touching property in this condition was the protection of the community from the excesses of evil-doers. The exposed property was a temptation. There was a measure of responsibility on the part of the patriots for this exposure. It could be atoned for to some extent by assuming control of the property for the benefit of whom it might conThis was evidently the spirit in which the committee of safety, May 3, 1775, instructed the quartermaster-general to pay the strictest attention that the household furniture of those persons who had taken refuge in the town of Boston might be properly secured, and disposed of in places of safety.1

cern.

1 Acts and Res. Prov. Mass. Bay, vol. v. p. 706; Journals of Each Prov. Cong. of Mass. in 1774 and 1775, and of the Com. of Safety, etc., p. 534.

In the note to chapter 38, Laws of 1776-77, vol. v., Acts and Res. Prov. Mass. Bay, Mr. Goodell has collated not only the legislation on this point, but also much material bearing upon it. He has performed for us the same service in connection with chapters 24, 48, and 49, Laws of 1778-79, in the same volume, which deal with the general subject at a later date. There is more of detail in these notes than can be produced here, but their examination will dis

The masterful tone and the revengeful spirit of the Confiscation Act are entirely wanting here, and yet the next step taken, even though it was more than a year before the Declaration of Independence, is characterized by an apparent confidence not altogether warranted by the military situation, a confidence which analysis shows to have been after all merely apparent. This time it was the provincial congress which spoke, and on the 22d of May forbade all persons in this " colony" taking any deed, lease, or conveyance of the lands, houses, or estates of the refugees.1 The object of this was clear enough. Refugees would, if permitted, hasten to lodge their titles in the names of relatives or friends less objectionable to the provincial congress than themselves. It will be observed that the resolve does not undertake to prevent refugees from making such conveyances, but simply forbids others to take them. In order to make such deeds effective, the grantee must have been some person who could have access to the property. This was possible at that time only for such as had given in their allegiance to the provincial congress; hence the resolve in this form probably served its purpose.

Events had advanced far enough to stir up the more radical of the patriots to a desire for aggressive legislation, but not far enough to relieve the

close how exhaustive they are, and how little is left for the student of the subject to do.

1 Acts and Res. Prov. Mass. Bay, vol. v. p. 706; Journals Prov. Cong., etc., p. 249.