believes he might have held those Offices or better if he would have changed
his Principles. Says that any person might have remain d there quiet without
taking any Oath. Thinks he never made a sacrifice of his principles. He admits
that he has been in Company with him when he has either drank Gen 1 Washing
ton s health or assented to it. Believes he never held any Office under any
Assembly except under the authority of Great Britain.
Daniel Wolston sworn.
Is a Subject of Great Britain. Knew M r Brooks in Anapolis. He knew
him in 1775. He has always look d upon him to be a good Subject. Says he
was a very quiet & peaceable Man but does not believe he ever took any part
with the Rebels.
Philip Bardon Key sworn.
Is a Capt n in the Maryland Loyalists. Knows M r Brooks. He is a distant
relation of his. Says he has heard Gent n frequently say in America that if he
would have taken the Oaths he might have held Offices under their Gov*. Says
there are many instances of persons remaining in the Country who remain d
quiet. He does not believe that he ever took the Oaths or muster d but supposes
he paid the treble Taxes. Says he thinks he would have left the Country sooner
if he had not had Ties which obliged him to stay. Thinks he held the Clerkship
of the Loan Office for two or three Months after the Rebel Assembly was
established but it was merely to wind up his Acc ts & he thinks he never rec d any
Salary from them. He says he could not have left the Province sooner & have
join d the British Troops because there was an Act making it treason to leave
the province & go to any of the British Settlements he says he could not have
gone away without taking an Oath.
Memorial of Tho s Welbank
Tho a Welbank the Claimant sworn. **
This Man appears to have been heard the 14 th of Sept r 1783 at Whitehall
by M r Wilmot & M r Coke who recommended the Sum of 35 to be paid to him
in full of all bis Losses he admits to have received the Money tho he for some
time hesitated thereon. He now attends with his Claim under the Act of Par 1
amounting to 553 $s. yd. S. 200 of which is for two Horses & 250 for 5 Years
Loss of business as Stable Keeper & Horse Dealer. He is told that having rec d
the 35 in full for his Losses the Board cannot take any cognizance of his Claim.
He is therefore dismiss d & his Claim not enter d into.
( 295 )
Memorial of James Brisbane Determin d y e
T 15 u i. r-i 11 st of Tan? 1785. 5 th of March 1785.
James Brisbane the Claimant sworn. D J >
Is a Native of South Carolina & was settled at Charlestown in 1774 & 1775
living upon the Income of his plantations. He has been a marked Man from the
time of the Stamp Act. He avowed in all public places in 1775 that the province
of South Carolina was subject to British Acts of Par 1 . Admits that he took
the Oaths but says he was obliged to do it. An Association was offer d to him
in 1775. He sign d it & it was to associate ag fc all Enemies of that State. He
did it on compulsion for he must have quitted the Country. He did not mean
to act accordingly on the Contrary he laugh d at all their Oaths. M r Lawrence 1
sent to him to say that he heard he had sign d by Compulsion & if that was the
Case he might take his name out. In Oct r 1775 He was called before the
Congress. He was then asked whether he would fight ag fc British Troops having
said no He was told he might scratch his name out. He asked if by so doing
he should forfeit the protection of the State they all said no. And he scratch d
it out. In 8 Days a sentence of Banishment came out. He went to Georgia
& there he was again hunted. He came to his plantation in Carolina where
his Wife died which prevented his being persecuted so soon & he was permitted
to remain quiet till 1776. When he was sent for by the Congress in feb? to
answer the Charge ag l him. He retired to Johns Island by the advice of
M r Lawrence. 1 When Sir Peter Parker came he was called upon to go out
& refusing a Negro of his was sold to pay the fine & he sold for ^400 C. In
June 1776 He was taken up & put into close Confinement at Charlestown. He
was kept about four Months in prison when he took an Oath. He refused the
first Oath. But he took the second which was framed by M r Routledge. 2 There
was no part of it abjuring Great Britain. He did not mean to keep it no other
wise than necessity obliged him. He remain d quiet after the Oath till the Y r
1779. And he took the Oaths to this Gov fc in May 1779. There was no Com
pulsion by the British to take the Oaths. He took them from Inclination. In
1779 a P a rty of Americans broke into his House & took him prisoner & confined
him some weeks on board a prison Ship & then carried him to prison where he
remain d six weeks & then he was discharged. He staid on his plantation till
Jan? 1780 by the advice of Gov r Routledge. He then went to join the British.
He knew the Numbers of the British & thought they were sure to succeed. He
swears if he had thought the British would have been beat he still would have
join d them as he did. He went to Charlestown & continued till the Evacuation.
Says he was of material use to Col 1 Moncrief in shewing him a place where
a battery was built. He was appointed Sheriff which produced him 700 a Y r S.
1 ? H. Laurens.
8 John Rutledge, b. 1739, d. 1 800, was a delegate to the Continental Congress. He became President
under the new Constitution in South Carolina in March 1776 ; and in January 1779, although he had in
March before vetoed the Constitution and resigned the office of Chief Magistrate rather than take part
in closing the door to an accommodation with England , he was now recalled to be the head of the State ;
and being elected Governor and Commander-in-chief under the Constitution he had refused to approve,
he was proclaimed amidst the acclamation of the people (McCrady, S. Car. in the Rev. ljj$-8o,
p. 281). He was afterwards one of the framers of the American Constitution.
( 296 )
Bounty 120 a Y r . He had this from Col 1 Balfour. He has an Allowance of 120 a Y r from the
Treasury which he has rec d from the i st of Jan? 1783 &he now continues to receive it.
Rob 1 Rowand sworn.
The Witness staid in that Country till July 1778. He has always consider d
him as a Loyalist & he was consider d as such by the other Party. Believes that
he took an Oath. The Witness took the Test Oath. He refused to take the
Oath which M r Brisbane took. Knows that M r Brisbane had property but
can t tell how much. Says that if any Man without compulsion took the Oath
of Abjuration he ought not to be consider d as a Loyalist.
James Simpson Esq sworn.
Has known him 25 Years. Remembers his signing the Association as it
was reported & understood from common report that M r Brisbane meant in
so doing only to sign an Association to resist the Attempts of the Negroes.
Heard a Member of the Congress say that he was called before the Congress
& was told that if he had sign d inadvertently he might take his name out. He
did do so accordingly & it made him obnoxious to the Congress. Whilst the
Witness staid in the Country he never took any part with them. The Witness
staid till 1777. Supposes he must have taken an Oath. Does not know the
form of the Oath. There was an Abjuration Oath. Thinks he must have taken
it. Thinks he has sufTer d from his Attachment to this Country. He was
consider d a Man of respectable Character that is he never heard to the Contrary.
Thinks that signing the Association was more improper than taking the Oaths
because it was voluntary. Knows that M r Brisbane was Sheriff of Charlestown.
Says that would be a Bar to his return because he would be liable to Actions.
Knows his House at Charlestown it was built in direct Contradiction to a Law
of the Province & he meant to have prosecuted him for it. It was within the
range of the Batteries.
Rev d D r Hewatt sworn.
Has known M r Brisbane from the Year 1763 & he knew him in 1777 when
he left the Country. He was then consider d generally to be a Loyalist. He was
active in declaring his Sentiments. He thinks many people sign d that Associa
tion who wished well to Great Britain. Has heard that he took an Oath. He
the Witness refused. Does not think any Loyalist should have taken that Oath
& does not think that any person who took it unless upon Compulsion ought
to be called a Loyalist. Being told that M r Brisbane did all this He says he
does not consider him as a Loyalist.
James Brisbane the Claimant sworn.
He took the first Oath after he rec d a Letter from M r Lawrence which is
left at the Office. He took two or three Oaths & says he would have taken
twenty if they had pleased because they had hooked him for one Oath. He
says he took the Oath for self preservation. Says M r Hewatt was called to speak
to his Loyalty. He was from his intimacy with him perfectly conversant with
his principles & as well able as anybody to judge of his Loyalty. He was never
upon any terms with M r Lawrence after he rec d that Letter or had any Inter
course with him. Being asked why he did not produce Witnesses to his Landed
( 297 )
property He says that his property lay in such a Corner of the Country that
he does not know any person who can speak to it. He does not know a single
person here who knows anything of his property but Sir James Wright who has
some Land adjoining. He says that tho his House at Charlestown stood in
opposition to a general Law yet he had permission from one of the Commissioners
of fortifications to erect it. He has been informed that it would be of use to
him to prove this fact & that an AfP will be rec d as the person who knows the
fact is in America. M r Brisbane says he has one Child in Scotland but is a single
Memorial Of Hugh FergUSOn 1 Determin d the
d t T? Uv s : 9 th of Feby X 7 8 5-
Hugh Ferguson the Claimant sworn. 2 ol - t<eby ! 75*
Is a Native of Scotland & went to America in 1769 or 1770. He was
settled at Graham Park in Pensylvania about 19 Miles from Philadelphia when
the troubles broke out. He was living upon his own Estate. He came to Eng d A Loyalist,
in Sept r 1775 & he came away because there was no Opportunity of shewing his
Attachment to G. B. He remain d till the Spring of 1777 when he went out Did not bear Arms,
with Sir W m Howe as a Volunteer. He left M rs Ferguson in America when
he landed at the head of Elk he could not go to M rs Ferguson as it was without
the British Lines. In Nov r 1777 He was appointed Commissary of Pris rs for
which he had los. a Day & rations. He did not bear Arms. He rec d this until
the Evacuation of Philadelphia. He went with the Army to New York. He had
no Office or Emolument. He staid there till Jan y 1779. And then he came to
Eng d where he has been ever since. He saw his Wife at Philadelphia & Elizabeth
Town. M rs Ferguson is now in America & upon Graham Park. She is in
possession of a part of it. She is a Native of America. Her friends were divided
but principally with the rebels.
He first rec d an Allowance in June 1779 of 100 a Y r with half a Year in Bounty 100 a Y r .
advance which M r Wilmot & M r Coke confirmed.
He got the whole of his property in America by his Wife admits that she
is in possession of the whole excepting such part as she has sold without his
Consent for which she has rec d 2640. She had sold it before she met him at
Philadelphia. She has appropriated it to the payment of a Debt & Legacy of
her father. He claims this Sum from this Country.
He wrote to her to send him an Ace 1 . Admits Being asked whether he
thinks it fair to charge Gov fc with the Schedule which he produces He thinks
himself entitled to what was sold in 1778 but not to any other part. He meant
to have claim d the whole. He does not know what part was sold in 1778. He
thinks the annual Value of his Estate was 3 or 400 a Y r C.
The Estate is not confiscated on the Contrary the Americans have given
it to M rs Ferguson under an Idea that the fee belonged to M rs Ferguson & believes
they knew nothing of the Sett 4 . A Copy of the Law produced by which the
State give the Estate to M rs Ferguson & they state that all the right title &c
which he acquired by Marriage is forfeited & he personally attainted.
1 There are letters to him in Hist. MSS. Comm., Am. MSS. in R. Inst., vol. i, pp. 177, 181.
( 298 )
She complain d of her Distress at that time (April 1782) & her having
a Difference with her Husband. Has great reason to think that the difference
arose from a Difference in political opinions. Thinks it highly improbable that
they sh d ever live together again if the laws were less severe.
Daniel Coxe Esq sworn.
Has known M r Ferguson some Years before the rebellion. He believes him
to be uniformly loyal. His Wife was of a different Opinion. Knows the Estate
at Graeme Park it came by his Wife. He has heard his father in law say that
he knew that M r Graeme had refused 10000 for it. It was better cultivated
than farms in general. M r Ferguson complain d to him in 1777 that she had
sold Lands without his consent. He asked his opinion whether he could not
stop her. He told him that he might by revoking the power of Att^. He
understood that the Estate was vested in D r Redman for M r Ferguson. Knows
that there is a great difference between them & that it originated from political
differences. Does not believe that they could now ever live together. Has
understood from his Wife s family that the Rebels seized upon the personal
property & sold it but does not know what they sold. In 1777 He saw the farm
& it appear d to be well attested. By the Laws of Pensylvania He would take
the Estate for Life. Thinks the Estate if settled need not be register d in
that province. Says the Assembly have vested the Estate in her. Thinks the
Americans knew nothing of the Sett 4 . Thinks there was no Collusion intended
between the Parties. Thinks that the Sett 1 was not revocable & that the
Destruction of the Deed makes no Difference. Being asked whether M r Ferguson
ought to make any Claim or what sort of Claim he should make Thinks that the
possession of the Estate in the Wife is not in his poss n . He thinks that in
M r Ferguson s Case he should have only claim d for a life Estate. Thinks there
should be no Charge of those Articles which M rs Ferguson used & consumed
between the Y rs 1775 & 1778. Says that furniture under those Sales sold very cheap.
Phineas Bond Esq sworn.
Knew M r Ferguson in 1773. He married Miss Graeme in 1772. He left
America upon political Sentiments. Believes him to be very loyal She a violent
Rebel. There was a difference between them in politics which had subsisted
some time before he came to Eng d . It was an excellent Estate. The old Man
valued it at 10000. His Interest in the Estate would have been for her Life.
M rs Ferguson often consulted him as a Lawyer. There was a Deed of Trust
which he understood to be that if he survived her he was to have it & if she
survived she was to have it. M r Boudineau wrote to him (M r Bond) to procure
a release from M r Ferguson. Does not know the Date of the Sett 1 . Being
asked what sort of Estate M r Ferguson should claim he says a Life Estate at least.
Says he has frequently talked with M r F. about the imprudence of giving such
large powers in the Letter of Att?. Thinks it might be worth 200 or 250.
Thinks he has no chance of returning to his Estate both for public & private
James Parker Esq sworn.
Speaks to Loyalty only.
( 299 )
Memorial of P. Rob* Howarth l Determin d the
4 th of Feb? I78t;. I9 th of Febyi;85.
P. Rob 1 Howarth the Claimant sworn.
Is a Native of Eng d & first went to America in 1738 & remain d there till
1749 & returned to Carolina in 1750 & staid there till the troubles began. In A Loyalist.
1774 He commanded Fort Johnston near Charlestown. Commission produced
dated in 1760 & likewise the King s Warrant for the payment of a Salary of
.200 a Y r . He had likewise fees upon all Vessels coming into the Harbor. He
had always .50 a Y r from the Province. The fees from the Vessels were about
.250 a Y r . The Emoluments of his Situation altogether were about 500 a Y r .
He was at Fort Johnson when the troubles broke out. They called upon him
to take the Oaths to them but he refused. This was in 1777. He had refused
to sign the Association in 1775. He was obliged to depart the province within
60 Days after the Oath was tender d to him & he did do so. They suffer d him
to remain quiet till 1777 but they dispossess d him of his Gov 4 in Oct r 1775.
They took the fort in the night. On the 4 th of June 1776 He dined with several
other King s Officers & they were afterw ds imprison d. The Fort was in no
State of defence & it was not expected from him. He had only ten Men. He
has never had approbation or censure from the Commander. He says it was
not possible for him to come away till 1777. He rec d the 50 a Y r from the
Province till the beginning of 1777. He would have left the Province sooner
if he could but they would not permit him to go anywhere but to France or
Holland. When he came away he divested himself of all his property & gave
it to his Daughter who is now in possession of it. She is married to M r Graham
of the 64 th Reg*. He has rec d his Salary here till 1782 of 200 a Year or rather
an Allowance in lieu of it. And since the 5 th of April 1783 he has rec d an Allowance Bounty 100 a Y r .
of 100 a Y r from the Treasury & he now receives it. The Fort has been
demolished. He has done no Duty as Gov r of this Fort since 1775 and has rec d
.200 a Y r for 7 years.
He gave up his property to his Daughter to prevent its being confiscated.
He has no Half Pay. He did no Duty when he returned to Charlestown only
as Intend 4 of the board of police for which he had zos. a Day whilst it continued Loss of Office,
which was about six Months.
The Office was for Life. He gave up his rank in the Army for it. He does Salary 250 a Y r .
not apprehend that he could have been removed from his Situation without Fees .200 a Y r .
a Court Martial.
He had no Debts due to him in America & he owed nothing.
James Simpson Esq sworn.
Knew M r Howarth very well since the Year 1760. Says he behaved uni
formly loyal. He was Gov r of Fort Johnston. He had an annual Allowance
from the province of 50 a Y r . His friends blamed him for taking it because
it was generally understood that as the 200 a Y r was uncertain in its nature
1 Colonel Probart Howarth commanded at Fort Johnson. McCrady (S. Carolina in the Rev., 1780-3,
p. 585) comments on the fact that his name does not appear on the list in the Confiscation Act which
purports to contain the names of the known subjects of his Britannic Majesty. Howarth had accompanied
Governor Lyttelton in 1759 in an expedition against the Cherokees.
it would be a bad bargain as he parted with his rank in the Army. The Fort
was dismantled by us in 1775 but he thinks if we had kept America that he would
have been continued in the Situation of Gov r . Says that many fees were given
larger than the parties were obliged to give & thinks if he had only rec d the fees
which were necessarily paid it would have lessen d the value of his Office about
7S * Y.
Tho s Irvin sworn.
Was well acquainted with M r Howarth before the troubles. Considers him
as a Loyalist. Knew his Situation as Gov r of the Fort. He as Rec r Gen 1 paid
him 200 a Y r . He had .50 a Y r from the Province & several Fees all which
together he thinks made the Office worth 500 a Y r S. He consider d the Office
nearly as a sinecure for Col 1 Howarth lived in Charlestown & the fees were
collected by the Gunner.
Memorial of Philip Kearney
DU-V IT 4.1, m 4 th of Feb? !7 8 S-
rhilip Kearney the Claimant sworn. >
Is a Native of America & was settled at Perth Amboy as a Wine Merch 4 .
He never took any active part with the Americans. He was called upon early
in 1776 to sign an Association. He refused at first to sign it but he at last sign d
one drawn up by Gen 1 Skynner. He was called upon by them to take an Oath
but he refused it this was in 1776. The Association was to act with the Americans
as long as they acted upon Constitutional principles. He was obliged to give
Security in ^1000 that he would not act with the British. On the 4 th of July
1776 He was first taken prisoner as a Loyalist & in the Sept r following he was
brought before the Gov r & Council. He forfeited his Security & join d the
British Troops in Nov r 1776. He has remain d with the Kings Troops ever
since. He has no Services to state. He has an Allowance of 70 a Y r from the
i o th of Oct r i784.
Brig r Gen 1 Skynner sworn.
Has long known M r Kearney. He was always loyal. Admits that he
approved of their signing a paper that they were friends to Liberty & the
Constitution this was in 1775. And says he gave this advice to them as Attorney
Gen 1 . He is acquainted with his property in the Town of Amboy. Knows
the Acre Lot which was given to him by his father. Thinks that Lot in 1774
was worth ^200 or ^250 C. Knows the 15 Acres. Says it belonged to the
Claim 1 & believes he had it by his father s Will but he had it in his possession
before. He values it at 20 per Acre. Knows the 22 Acres & that they are
the property of the Claimant.
Memorial of the Rev d Gilbert Buchanan
Gilbert Buchanan the Claimant sworn. - > *
Is a Native of this Country & is now Rector of Woodmanston in Surry. He
is the only Son of John Buchanan of Maryland. He went first to America in
1773 for the purpose of settling the Affairs of the Partnership his father & he having
( 301 )
just fail d at that time. He was settled there in 1774 & 1775. In May 1774
there was a Meeting convened to consider of this proposition not to pay British
Debts. He divided ag* it & conceiv d it was ag* his Interest to do so. He
refused to enter into any Association or to take the Oaths to them. He offerd
his Services to Sir Rob 4 Eden. He quitted the Country in Aug* 1775 & arrived
in Eng d in Sept r 1775. He had no Assistance from Gov* till 1783 since which
time he has had .80 a Y r . He applied to the Treasury in 1779 but his Memorial
was never consider d his Allowance commenced in Jan* 1783. He had not the
Living when his Case was heard. He had it thro his Wife it is 150 a Y r . He
has no family but his Wife is with Child. His father & he were settled in London
as Merch ts trading to America for many years before 1773. He was sent by
the Trustees to America. He was to receive so much per Cent upon the Money
which he remitted thinks 3 per Cent. The Trustees allow d his father 500 a Y r
for five Y rs . That expired in 1778. He is the only Son of his father but he has
three Sisters married.
Richard Holland sworn.
Speaks to the Loyalty of M r Buchanan. He went in the same Ship with
him to America in 1773 & lived in the same Town with him in America & was
intimate with him. He took the side of Great Britain & declared his Sentiments
to Sir Rob fc Eden & he was consider d to be a Loyalist & he believes him to be
attached to this Country. He was obliged to take shelter at Marlborough from
the Circumstance of being consider d as a Loyalist. He refused to muster.
Believes he fought a Duel in America from political motives. Believes he could
not have remain d there unless he had retired into the back Country. Upon
the whole believes him perfectly attached to this Country.
Memorial of Abel Evans Determin d y e
AT. IT? -L n- 7*0! Feb* 1781;. 26 th ofFebyi78s.
Abel Evans the Claimant sworn.
Is a Native of America. In 1774 He was settled in Philadelphia following
the Law. He was Clerk of the Assembly & remain d so till Sept r 1776. In A Loyalist
1 775 He sign d an Association to learn the use of Arms & he did learn the Use with this Observa-
of Arms. He consider d himself in some Degree as a Serv* of the Crown & an turn that he was
Officer under the British Gov 1 . There were many resolves made in that Assembly after the
Assembly inconsistent with their Duty to this Country. He continued to hold Declaration of
that Situation in the hope that Peace might be restored. Those resolves Independence,
extended to rebellion ag l this Country. He was appointed Clerk of the Assembly
in 1776. He succeeded D r Moore but does not know why he quitted it. He