to this letter. yours, &c. SIR, I have the honor to be, Gentlemen, (Answer to the foregoing.) TO H. STRACHEY, ESQ. Passy, Nov. 6, 1782. We have been honored with your favor of the 5th instant, and as our answer to a letter we received from Mr. Oswald on the same subject contains our unanimous sentiments respecting it, we take the liberty of referring you to the inclosed copy of that answer. We have the honor to be, sir, your most obedient servants, &c. SIR, COPY OF THE LETTER TO MR. OSWALD. Nov. 6, 1782. In answer to the letter you did us the honor to write on the 4th instant, we beg leave to repeat what we often said in conversation, viz. that the restoration of such of the estates of 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. Besides, sir, as this is a matter evidently appertaining to the internal polity of the separate states, the Congress by the nature of our constitution have no authority to interfere with it. As to your demand of compensation to those persons, we forbear enumerating our reasons for thinking it ill founded in the moment of conciliatory overtures it would not be proper to call certain scenes into view, over which a variety of considerations should induce both parties at present to draw a veil. Permit us therefore only to repeat, that we cannot stipulate for such compensation, unless on your part it be agreed to make retribution to our citizens for the heavy losses they have sustained by the unnecessary destruction of their private property. We have already agreed to an amnesty more extensive than justice required, and full as extensive as humanity could demand. We can therefore only repeat, that it cannot be extended further. We should be sorry if the absolute impossibility of our complying further with your propositions on this head, should induce Great Britain to continue the war, for the sake of those who caused and prolonged it. But if that should be the case, we hope that the utmost latitude will not be again given to its rigors. Whatever may be the issue of this negotiation, be assured, sir, that we shall always acknowledge the liberal, manly, and candid manner in which you have conducted it, and that we shall remain, with the warmest sentiments of esteem and regard, your most obedient and very humble servants. SIR, TO RICHARD OSWALD, ESQ. Passy, November 26, 1782. You may well remember that in the beginning of our conferences, before the other commissioners arrived, on mentioning to me a retribution for the loyalists whose estates had been forfeited, I acquainted you that nothing of that kind could be stipulated by us, the confiscations being made by virtue of laws of particular states, which the Congress had no power to contravene or dispense with, and therefore could give us no such authority in our commission. And I gave it as my opinion, 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. Understanding however from you, that this was a point your ministry had at heart, I wrote concerning it to Congress, and I have lately received the following: "By the United States in Congress assembled. September 10, 1782. "Resolved, that the secretary for foreign affairs be, and is hereby directed to obtain as speedily as possible authentic returns of the stores and other property which have been carried off or destroyed in the course of the war by the enemy, and to transmit the same to the ministers plenipotentiary for negotiating a peace. "That in the mean time the secretary for foreign affairs inform the said ministers, that many thousands of slaves, and other property to a very great amount, have been carried off or destroyed by the enemy; and that, in the opinion of Congress, the great loss of property which the citizens of the United States have sustained by the enemy will be considered by several states as an inseparable bar to their making restitution or indemnification to the former owners of property, which has been or may be forfeited to, or confiscated by any of the states. "In consequence of these resolutions, and the circular letters to the secretary, the assembly of Pennsylvania then sitting passed the following act, viz. The state of Pennsylvania in general assembly. Wednesday, September 18, 1782. "The Bill intitled 'An Act for procuring an estimate of the damages sustained by the inhabitants of Pennsylvania, from the troops and adherents to the king of Great Britain during the present war,' was read a second time. "Ordered to be transcribed and printed for public consideration. "Extracts from the minutes, "PETER Z. LLOYD, "Clerk of the general assembly." "Bill intitled 'An Act for procuring an estimate of the damages sustained by the inhabitants of Pennsylvania, from the troops and adherents of the king of Great Britain during the present war.' "Whereas great damages of the most wanton nature have been committed by the armies of the king of Great Britain or their adherents, within the territory of the United States of North America, unwarranted by the practice of civilized nations, and only to be accounted for from the vindictive spirit of the said king and his officers. And whereas an accurate account and estimate of such damages, more especially the waste and destruction of property, may be very useful to the people of the United States of America, in forming a future treaty of peace, and in the mean time may serve to exhibit in a true light to the nations of Europe the conduct of the said king, his ministers, officers, and adherents, to the end, therefore, that proper measures be taken to ascertain the damages aforesaid, which have been done to the citizens and inhabitants of Pennsylvania, in the course of the present war, within this state: "Be it enacted by the representatives of the freemen of the commonwealth of Pennsylvania, in general assembly met, and by the authority of the same, that in every county of this state, which has been invaded by the armies, soldiers, and adherents of the king of Great Britain, the commissioners of every such county shall immediately meet together, each within their county, and issue directions to the assessors of the respective townships, districts, and places within such county, to call upon the inhabitants of every township and place to furnish accounts and estimates of the damages, waste, spoil, and destruction, which have been done and committed as aforesaid, upon the property, real or personal, within the same township or place, since the first day of......, which was in the year of our Lord 177., and the same accounts and estimates to transmit to the said commissioners without delay. And if any person or persons shall refuse or neglect to make out such accounts and estimates, the said assessors of the township or place shall, from their own knowledge, and by any other reasonable and lawful methods, take and render such an account and estimate of all damages done or committed as aforesaid. "Provided always, that all such accounts and estimates, to be made out and transmitted as aforesaid, shall contain a narrative of the time and circumstances, and, if in the power of the person aggrieved, the names of the general or other officer, or adherent of the enemy, by whom the damage in any case was done, or under whose orders the army, detachment, party, or persons committing the same, acted at that time, and also the name and addition of the person and persons whose property was so damaged or destroyed: and that all such accounts and estimates be made in current money, upon oath or affirmation of the sufferer, or of others having knowledge concerning the same; and that in every case it be set forth, whether the party injured had received any satisfaction for his loss, and by whom the same was given. "And be it further enacted by the authority aforesaid, that the said commissioners having obtained the said accounts and estimates from the assessors of the several townships and places, shall proceed to inspect and register the same in a book to be provided for that purpose, distinguishing the districts and townships, and entering those of each place together; and if any account or estimate be imperfect or not sufficiently verified and established, the said commissioners shall have power, and they or any two of them are hereby authorised to summon and compel any person whose evidence they shall think necessary, to appear before them at a day and place to be appointed, to be examined upon oath or affirmation, concerning any damage or injury as aforesaid; and the said commissioners shall, upon the call and demand of the president or vice-president of the supreme executive |