Gov r Martin dispatched a Messenger with a general Commission directed to the
Claimant & other persons in different parts of the province investing them with
Authority to appoint Officers & grant Commissions to all Loyal Subjects. The
Dispatch fell into the hands of a Rebel Committee soon after the Gov r had sent
it by which Discovery the Claimant & several others mention d in the Dispatch
were privately seized upon & confined Prisoners till the Defeat of the High
landers at Moors Bridge. They remain d confined upwards of 3 Weeks. Says
that he was brought to trial & dismissed in Feb? 1776. He remain d quiet at
home till Aug* 1777 when he was called upon to take the Oaths to the States
& renounce all Allegiance to the King of Great Britain which he refused to
comply with & was in Consequence thereof obliged to quit the Country in 60
Days. He waited at Newbern & Wilmington near four Months without any
Opportunity offering for his getting to New York at last he rec d Letters from his
friends at that place advising him to remain in Carolina if he could possibly do
so for the purpose of keeping up the Spirits of the Loyalists in Consequence of
which he applied to the Assembly then sitting at Newbern for leave to return
home. It was granted after having been repeatedly press d to take the Oaths
which he as constantly refused. He returned home on giving his Parole that
he would remain upon his own Estate & not interfere in the business that was
going on unless the British Troops should come to the Province. This indulgence
he attributed to the friendship of Col 1 Rochester Col 1 Hogan 2 & M r Macbeen. 3
The latter was Sheriff & the two former had been his Clerks. This indulgence
granted to him was not publickly known people imagined he had been obliged
to take the Oaths. He had a Certificate from the Sheriff that he had taken the
Oath altho in fact he had not. When he was order d to quit the Country in
Aug 1 1777 he disposed of some part of his property the remainder made over to
some of his friends but took possession again of it on his return.
On Lord Cornwallis s arrival with the Army at Hilsborough in feb y 1781
his Lordship spoke to him & observed that as he understood there were a great
many Loyalists in that part of the Country he desired he would invite his friends
to repair to the Standard agreeable to a Proclamation deliver d by his Lordship
to him. Says that he immediately put himself under the direction of Lord
1 He is mentioned by Sabine, op. cit., vol. ii, Fragments, p. 560. James Munro was evidently a man
of considerable local influence.
2 General James Hogan commanded the North Carolina contingent of the garrison which surrendered
at the capitulation of Charlestown, May 1 1, 1780.
3 ? Maclean.
( 221 )
Cornwallis & used his utmost efforts to forward the King s Service. Produces
a Copy of the Proclamation. Remain d with Lord Cornwallis s Army until the
Surrender of the Army at York Town.
He was appointed by Warrant from Lord Cornwallis & Gov r Martin Major
to the North Carolina Highlanders in April 1781. He had during Lord Corn
wallis s Stay at Hilsborough given in proposals for raising a Reg* of his own but
his Lordship quitting Hilsborough so suddenly he was prevented from so doing.
He rec d only half pay as Major from April 1781 to Dec r 1782 with Bat * & Forage
as Major. He rec d only half pay from not having rais d his Numbers of Men
when he quitted Wilmington but the Number was afterwards made up to 61
altogether. He is in expectation of being established upon the Half pay List
Colonel John Hamilton sworn. 7 th of Oct r 1784.
Has known the Claimant many Years And says that he is able to speak to
his Loyalty. Confirms the Ace* given by Major Munro of his being seized &
confined of his going to Newbern & Wilmington. And that he the Witness was
one of the Persons at New York who advised him to remain in North Carolina
if he could possibly do so in order to keep up the Spirits of the Loyalists. Witness
was made Prisoner at the same time with Major Munro but got away to New
York 2 or 3 Months before the Claimant went to Newbern. Witness heard of
what Major Munro has stated concerning the Indulgence he experienced from the
American Colonels Rochester & Hogan & M r Maclean but never heard of any
Certificate being given to him. He is confident that Major Munro never took
an Oath to the Americans & that no Man could be more firmly attached to
Great Britain. Thinks it probable he might be permitted to remain from the
influence he had in his Neighborhood which might induce them to permit
him to remain quiet & moreover the Witness was himself informed by M r Jones
who brought the Bill into the Assembly for obliging all persons to take the Oath
that he was so much hurt at seeing his best friends driven out of the Country
by the Operation of the Act that he repented that he had brought it in. Thinks
it likely the Claimant might obtain a Certificate of his taking the Oath without
taking it. The same thing was offer d to himself.
Is asked whether it was not in his Opinion extraordinary that the Claimant
should purchase Lands in 1778 & 1779. Says it was his own intention if he
could not otherwise have got rid of the Paper Currency which he was obliged
to receive for various Articles to have invested it in Lands as the safest method
of disposing of it. Does not pretend to say what was the Claim ts Motive for
purchasing. The Loyalists passed the old Proclamation Money current among
them the same as before the troubles.
Ely Branson sworn.
Knew the Claimant long before the troubles. Was acquainted with him
in 1776 & says that he was very loyal. Heard of the Claimant obtaining per
mission to remain in Carolina but does not know how he obtain d it. Says that
he was highly esteem d by every person in that part of the Country does not
believe that he ever took an Oath to the Americans & that it consists with his
1 ? Battels.
( 222 )
knowledge that many people obtain d Certificates from the Justices similar to
that which Major Munro stated to have got.
Capt n Alexander M c Kay sworn.
Knew the Claimant in 1775 or 1776. Always considered him as a Loyalist.
Heard of his being taken up and tried by the Americans. In the Y r 1777 He was
at the Claimant s House at Hilsborough was there an whole night had a great
deal of Conversation with the Claimant & found him well attached to Great
Britain. Never saw him again till 1781. Don t know how he managed to
remain in the Country so long is satisfied that he never took an Oath to the
Americans but recollects his hearing a M r Wood say that Major Munro had
managed Matters so as to be able to remain in the Province without taking the
Oaths. M r Wood was at that time attached to the American Interest. Is not
able to speak to any part of the Claimant s property.
Capt n Alexander M c Leod sworn.
Has known the Claimant since 1776. He was a very zealous Loyalist & one
of the Commissioners under Governor Martin for assembling the Loyalists.
Witness when a Prisoner was with many others at the Claimant s House who
supplied them with Provisions & such as wanted Money he gave it to. Witness
heard of the Claimant being at that time on his Parole. Says that his Interest
was so great in the Country that he obtain d the same for him & the other
Loyalists that were with him. And tho this appear d extraordinary He was
nevertheless well satisfied of Major Munro being a true Loyalist. Says again
that the Claimant s Interest in the Country was very great. Knows nothing
concerning the property. All the Loyalists consider d Major Munro as very
well attached to Great Britain.
Capt n Duncan Fletcher sworn.
Belonged to the Loyal American Regiment. His first knowledge of Major
Munro was in November 1780 at a Plantation near Hilsborough which he under
stood was the property of the Claimant. Says that the Loyalists in that part
of the Country looked upon Major Munro as their Head. The Witness was at
Hilsborough two Months heard all the Loyalists say that the Claimant was
sincerely attached to Great Britain.
Can only account for the Circumstance of Major Munro being permitted
to remain in the Country but by the great Interest he had in the Country.
Bounty 100 a Y r . N.B. No allowance was given to Major Munro at the time his Case was
heard But in our last Report an Allowance of 100 per Ann. is recommended
Memorial of the Rev d Doct r Caner *
The Rev d Doct r Caner the Claimant sworn. gth of Octr I 7 8 4-
Is a Native of England. Went to America when he was a Child to Boston.
He was settled at Boston in the Year 1775 & had a Living there called the Kings
Chapel. He quitted Boston with Sir Will Howe. He quitted it because he
could not remain. He came to Halifax with the fleet & in about a Month
1 See Additional Notes, p. 278.
( 223 )
afterwards to London. He recommended from the Pulpit obedience to Gov fc .
Believes he is about 80 Years of Age.
He had an Allowance of 100 a Y r from the Treasury when he first came Bounty 100 a Y r
over & he now continues to receive it.
House in Boston. He built it. He has no Deed. He bought the Ground
& thinks he gave 50 for it. And his House cost him about ^noo S. He made
the purchase & built the House he thinks in 1732. (Says his Memory is very bad
from an Accident which happen d to him about 2 Y rs ago & deprived him of
his Memory.) Says it was as good in 1775 as when he built it.
Says he left Liquors in his House to a considerable Amount But can t say
exactly what. He charges for it in his Schedule .53 i6j. od. He charges
12 ijs. for Kitchen furniture. He had a Chaise & Harness which he values
at ^25. He was possess d of a Library. He gives a valuation of this & many
other Articles in his Schedule which makes the personal property ^805. He
says he put down the Articles himself & that he did it when he was in a better
state of Mind than he now is.
His Living was worth about 200 a Y r . He was chosen by the People for
their Rector. Before he quitted Boston they had appointed an Assistant to him.
In the Y r 1775 the value of the Living to him was ^200 a Y r . He says he
knows his Name is in the Act of Attainder & that his House has been sold to
a Gent n of the profession of the Law.
Doct r Gardiner sworn.
Knew D r Caner very well in Boston. He was a very steady Loyalist. He
exerted himself very much both in public & private & frequently in the pulpit.
He knew his House at Boston it was commonly reported to be his property.
Knows he bought the Land. Says he built the House about 22 Y rs ago. It was
a Wooden House all but the back part of it. It was a large House. Says
a Wooden House is half worn out in 20 Y rs & therefore thinks if it was to be sold
it would not fetch more than 600 S. In this He includes the Lot of Ground
& says it would have been the full Value. Says the Situation was bad as it looked
to the Burying Ground. The House was decently furnished. Knew the picture
it belonged to the Church but being too large it was put up in D r Caner s House.
He says he had a tolerable Library thinks it was worth ^50. The Witness says
he left many Pipes of Wine in his own Cellar but he made no Charge of them
& thinks it wrong to do so. He had a Living in Boston the profit of which was
.150 S. a Y r . And he was obliged to pay out of that .37 S. a Year to a Curate
as he was infirm & could not do the whole of his Duty.
Charles Paxton Esq sworn.
Has known D r Caner for 40 Years. He conducted himself with great
Loyalty. He says he built an House in the Churchyard & it was understood
that it cost him ^1200. The Parishioners he says often talked of giving him
something towards it but believes he has never rec d a farthing. He was Rector
of the Kings Chapel the Living worth about 120 a Y r . Says that the Parish
offer d to give him an addition of .40 a Y r but he generously refused it until
( 224 )
they were out of Debt. Recollects the Picture it was presented to the Doct r
by M r Trecothick & was to have been presented by him to the Church but believes
they were to have paid him the Value of it & believes that M r Trecothick meant
that the Parish should pay him for it. Thinks the House was worth 1000.
Thinks that D r Caner did not mean to give this House to go with the Living.
Determin d y* Memorial of Peter Frye 1 Esq.
26 th of Ocf 1784. . 8 th of Oct r 1784.
reter rrye Esq the Claimant sworn.
A Zealous & men- Is a Native of Andover in New Eng d . In 1774 he was settled at Salem.
torious Loyalist & He has been an Officer under the Crown from his Youth. When the troubles
render d services in broke out He took as active a part as it was in his power to do. In 1774 He
h^Dut^as issued a Warrant to take up some Committee Men the Consequence of which
a Magistrate. was th at they privately threaten d that they would ruin him but at that time
Did not bear Arms, he was protected by the Military. When the Military were withdrawn they
were more open in their threats. He issued his Warrants as a Justice of the
peace. When he was threaten d He armed his Horse & was determin d to resist.
In the Y r 1774 in the Month of Oct r one Evening he was alarmed in the Night
& discover d his House to be in flames. He got up & escaped with great difficulty
but not without being much hurt. His House was compleatly burnt & he says
it must have been done by design As Combustibles were put into the Store.
He never found out the person who did it nor does he suspect any person in
particular. He soon after removed to Ipswich in hopes of being quiet there
but he found it impossible & was obliged to confine himself a good deal in his
own House. He remain d at Ipswich for two Years. The Clergyman of the
Parish recommended it to the Parishioners to assassinate M r Frye & all the Tories.
Soon after this he made his Escape in Aug fc 1777 & got on board a Ship. He
came to Eng d in 1779. Before he got to this Country he rec d a Letter from
Bounty 150 a Y r . Gen 1 Gage telling him that he had obtain d for him an Allowance of ^150 a Y r
Which he has rec d from Jan y 1778 & he now continues to receive it.
He says he is banished but his property is not confiscated. And he says
that notwithstanding his property is not confiscated by any known Law yet by
Taxes & expences it is very much reduced. His Wife & family are still at Salem
& she is in possession of the property which remains.
Doct r Gardiner sworn.
Knew M r Frye in America for about 15 Y rs . He was remarkably loyal.
And mentions a Vote which he gave ag* the establishment of a Congress which
he says cost him the Loss of all his Offices. Remembers the burning of his House.
Has no doubt but it was done by design. It was an old House but he thinks
it was worth ^500 S. The situation was extremely good. Says that he had all
the Offices which he has mention d. Says the Office of the Register of Probate
was given him by Gov r Hutchinson to make him amends for some of those Offices
which the people had taken from him. Says it was worth ^150 C. a Y r . No
one was a more active Loyalist or has suffer d more. He says the reason of their
permitting his Wife to remain is owing to her having no principles.
1 b. 1723, d. 1820. He signed the Address to Governor Gage on his arrival at Salem, June 1 1, 1774.
( 225 )
Doct r CalefT sworn.
Knew M r Frye both at Salem & at Ipswich. He was a very loyal Man.
His House was burnt & he believes it was owing to the loyal part he took & he
mentions the Circumstance of his granting the Warrant. Thinks he was appointed
Register in 1771 or 1772 & that it was 150 a Y r S. Justice of the Inferior C l
worth about 50 a Y r . Knew his House it was a large House & he had a good
deal of plate.
Benj n Hallowell Esq sworn.
Knew M r Frye in America. He was a very loyal Man. Mentions some Acts
of Loyalty. Says Gen 1 Gage called upon him to act & he acted as a Magistrate
when nobody else would act. Knows his House was burnt & believes it was
done by Design. He was very obnoxious to the rebels. Says it was very sur
prizing that they should permit him to remain so long amongst them but does
not believe that he ever made any sacrifice of his principles. Says he held the
Office of Register &c.
John Chandler Esq sworn.
Knew M r Frye in America. He thinks he was a very Loyal Man. Knows
no particular Acts of Loyalty as he lived 60 Miles from him. Has heard that
he was Register. He had the fees of the same Office in the County of Worcester
they were about fyo a Y r Ster. And therefore he supposes that the fees for
the County of Essex must have been 130 or 140 a Y r .
Richard Saltonstall Esq sworn.
Knew M r Frye very well. He was a very loyal Subject. He recollects his
acting as a Magistrate at Salem at the request of Gen 1 Gage this was in Aug*
1774 & the Witness knows it because he was the Sheriff of the County of Essex
& he in part executed the Warrant. Thinks his issuing the Warrant was granted
at a great risque. Has heard that his House was burnt. Says he was Register
& that he was so before he granted that Warrant.
Memorial of Niel Colbreath
Niel Colbreath the Claimant sworn. 9* of Octf I ? 8 4-
Is a Native of Scotland & went to America in 1768 to North Carolina.
When the troubles began he lived near Cross Creek upon his own plantation.
He was frequently asked by the Americans to take the Oaths. They treated
him frequently very ill. He was taken Pris r at Moors Bridge & kept 3 Days
& then they let him go home the next time he was taken he was kept Pris r five
Months. In 1779 He join d the British in Georgia. He continued with the
Army & was a Soldier afterwards till Lord Cornwallis went to York Town. He
came to Eng d about 7 Weeks ago. He has applied to the Treasury. And his Case
is ^ decided upon but not reported to the Treasury. An Allowance of 15 a Y r
will be recommended to him from the 5 th of July 1784.
When he was taken by the Americans They bit him & bit a piece out of
his Lip & bit his Legs &c.
( 226 )
Kenneth Stewart sworn.
Knew Niel Colbreath about the Y r 1775 or 1776. He first saw him at his
own plantation & then he saw him at Cross Creek. He believes him to be a very
loyal Subject. Says his Lip was not bit off when he first knew him & that he
has heard that it happen d in a quarrel between him & Little. Has been
upon his plantation. He had a new House upon it & 10 Acres clear d when he
saw it. This was either in Dec r 1775 or Jan? 1776. Can t put a Value upon it.
He saw some Cattle upon it.
James Torry sworn.
Knew Niel Colbreath in N Carolina first in 1771 or 1772. He knew him
in 1776. He was a Loyalist & was at Moors Bridge. He says he has heard that
his Lip was bit off when he was taken by the rebels. He has heard it from
himself & others & believes it. Never heard of it being bit off in a drunken
Quarrel. He has been upon his plantation & believes it to have been his own.
Has heard him say so in America. There was an House upon it & a field clear d
but he can t say how much. He saw some Cattle upon his farm. He saw two
Horses. It is currently said that it has been sold & that a rebel is in possession.
Does not know the Value of the Plantation.
Donald M c Doughal sworn.
Knew Niel Colbreath in North Carolina. He knew him at Cross Creek.
Knows that he join d the Loyalists & that he continued with the British Army
during the War. Has heard that his Lip was bit off in a Quarrel with another
Man but does not know who was the Man. He was once at his plantation.
Does not know how he became possess d but knows he was possess d of it & that
he had Cattle & Horses. Does not know how many Acres.
The Claimant called in again.
Says the Man s name who bit his Lip was Little & that he did it when he
was taking him. Little was a Rebel. Swears positively to this fact & that it
was no private Quarrel between him & Little.
Determin d y e Memorial of Isabella MacDonald
26*of Ocf 1784. Isabella Mac Donald-the Claimant-sworn. ^ f Octr l ^
A Loyalist & her She is the Widow of Capt n Ja a M c Donald. Her Husband was born in
Husband an active Scotland & went to America in 1 774. He went to N Carolina & settled there.
& Zealous Loyalist. She went with him from Scotland. He refused to swear to the Americans. He
was taken Pris r at Moors Bridge & he might have procured his Liberty if he had
taken the State Oath. He was confined 2 Y rs & -~. He died at Camden of
a fever in 1780.
Certificate produced & read from Col 1 MDonald to her Husband s Loyalty
& to her being robb d & plunder d by the rebels after his Death.
She has never applied to Gov 1 for an Allowance. She has only been in Eng d
from S* Augustine about ten Days & means to make an Application.
( 227 )
Memorial of Donald M c Kinnon Determin d the
I I th of July 1785.
Donald MKinnon the Claimant sworn. 9 th of Oct r 1784.
Is a Native of Scotland. His Brother went to America in 1774. He claims The Claim 1 Heir
for his Brother Lauchlin MKinnon who is dead. He has no papers to produce. ** ^ aw & .
His Bro r died at Camden in 1780. He was then serving in the British Army. ofYaSkn^
He is his only Brother there is one Sister but he does not know where she is. McKinnon who
Produces a Certificate sign d by the Minister of the Parish where they lived by was a Loyalist
which it appears that he & Lauchlin MKinnon were Brothers. & bore Arms.
AI j i n/r Personally 85.
Alexander Morrison sworn.
Knows Donald M c Kinnon & believes him to be a Brother of Lauchlin.
Knew Lauchlin in America. He was Lieut 1 with them. He died to the South
ward about 1780 or 1781. Does not know the property further than that the
Land was his. He bought the Land just after he went over. Does not know
the Number of Acres but there was a large Clearing & a Grist Mill upon it.
Can t speak to the Value. Says the Mill was but a small one. Was twice upon
it. There were Cattle upon it but can t say how many. He says he might
pay for it as he had Money. The Land was neither very good nor very bad.
Memorial of Thomas Oliver 1 Esq. Lieut 1 Gov r of the Province of Determin d y e
Mass. Bay 26 th of 0^1784.
Thomas Oliver Esq the Claimant sworn. I2th of Octr X 7 8 4-
Is a Native of Antigua & was carried to America when he was two Y rs old A Zealous & meri-
& lived there till the troubles. He was bred to the profession of the Law but torious Loyalist
he was prevented following it. In 1774 he was appointed Lieut* Gov r of the & D r ld t hls ^ ut X as
province without any solicitation by himself. He says he foresaw the Storm crown.
& was sorry that the Situation of the Country made it necessary for him to
accept the Appointm* tho he did not hesitate to take it. And he thought he Did not bear Arms,
might be of service because he was a popular person with the people. His
motives in taking it were to serve Gov 1 . He was appointed Lieut* Gov r in Aug*
1774 upon the death of a former Lieut* Gov r . The Commission is produced
which is dated in May 1774. He thinks the troubles were began at that time.
He had a Salary of 300 a Y r & in the absence of the Gov r he had 750. He
was first molested in 1774 by a large number of people surrounding his House
& he was in their hands for 5 or 6 Hours & they threaten d him with destruction
if he did not resign the office of Pres* of the Mandamus Council. This made
him more unpopular than the office of Lieut 1 Gov r . He could not hold the
office without being President of the Man 8 Council. He had no Emolument
as a Man 3 Counsellor. He maintain d a determined resistance for sev 1 Hours
& then he gave up that Situation & the resignation was convey d to his Majesty s
Ministers & he rec d an Approbation of his Conduct from Lord Dartmouth. As
soon as he got into Boston under the protection of the Kings Troops he reassumed Loss of Office
his Office. He really thought that his Life was in danger if he had resisted. r
They never asked him to take an Oath to the Rebel State. He remain d in the
1 See Additional Notes, p. 278.
( 228 )
exercise of the Offices of Lieut Gov r &c till the Evacuation of Boston & then he
Former Bounty in went with the Troops to Halifax & from thence to Eng d in about a Month & he