expressing a Desire to be of every service in his power to the British Troops.
He accordingly did remain in the Country & Col 1 Dundas says that he particularly
conformed to the Instructions which were given to him.
Produces a Paper containing a particular Ace 1 of all his Exertions &c. Col 1
Dundas says that the Paper which he produces contains as far as falls within his
knowledge a very fair Acc fc of his Conduct. He came to Eng d in 1783 & applied
to the Treasury where he got an Allowance of 20 a Year which he has rec d from
Jan? 1783 & now continues to receive it. Says that Lord Dunmore advised him
to stay in the Country & to conform to their Gov* to a certain Degree. He
says he was sent for by a Magistrate in 1776 & 1777 to take an Oath but he did
not do it. However he obtain d a Certificate that he did. And he says he was
Determin d the
S^f May 1785.
A British Officer.
Determin d the
*>* of ^
A Loyalist &
render d services
Bounty 20 a Y r .
( 348 )
obliged to declare in all public Companies that he had taken the Oath. From
the time that Lord Dunmore left him being asked whether he could have join d
the British Troops sooner He says he could have left the Province sooner or at
any time. He never sign d any Association paper. Says if he had been obliged
to take the Oath or leave the Country he thinks he should have left the
Country. Does not think that any Man could have staid in the Province
at that time without taking an Oath or getting such a Certificate as he did.
Colonel Jacob Ellegood sworn.
Was not personally acquainted with the Claim* till 1778 or 1779. Always
consider d him as a friend to Gov*. He frequently called upon M r Ellegood
whilst a Prisoner on Parole & communi d what was going on.
James Ingram sworn.
Knew the Claim* in Virginia. Believes him to have been well attached to
Great Bri n . When the Witness was a Prisoner Claim* told him of his having
obtain d a Certificate of his taking the Oath but that he had not in fact taken
the Oath & believes he said true. Knew another instance of the same kind. Says
M r Tait assisted him to make his Escape & was of use to many other Loyalists.
The Earl of Dunmore sworn.
Knew James Tait perfectly well in Virginia. He came out as an Engineer
in the hopes of being employ d at a Salary of 100 a Y r . Thinks it must have
been in 1772. He came to Lord Dunmore immediately. He afterwards became
a Surveyor & rec d 600 from the Assembly to make Salt. He offer d to join Lord
Dunmore at the beginning of the War but he advised him to remain there. Thinks
he was of more use by staying as he did. Was very active in protecting Prisoners &c.
. ,, , Memorial of Colonel Boyd 1
Determm d the d -f A *1 S
7 th of My 1785. George Boyd Esq the Claimant sworn.
s g 4, i Is a Native of New Hampshire in America. In 1774 he came to Eng d but
!s & o previous to that time he was settled at Portsmouth as a Merch*. When he left
^ s *3 America the province was quiet. He was at Boston the night that the Tea was
| "o * s j destroy d. He was a Col 1 of the Light Horse rais d to escort the Gov r & paid
. by the Province. Never sign d any Association. He returned in May 1775
< * ? ^"S & was appointed one of the Council. He acted in that Situation for about
| IS n^da -5 a fortnight. Nobody acted after he ceas d to act. A File of Musqueteers took
rg ( .| , him out of his House. He was releas d the next Day & got a Passport to New
^^0 York. He rejected many offers from the Rebels never took any Oath to them.
u^ gH He arrived in Eng d in January 1776. Since which time he has never been in
D*<3 -B ^1 el America but all his family are in America.
George Boyd the Claimant sworn.
Produces a Letter from his Att^ M r Clap who has inclosed him the Ace*
1 Sabine (op. cit., vol. i, p. 247) writes : While abroad he acquired wealth. In 1787 he adjusted
his affairs and embarked for his native land full of hope. Riding was among his enjoyments, and he
procured a handsome coach and an English coachman. He died at sea, two days before the ship arrived
at Portsmouth and his remains were interred from his elegant mansion.
( 349 )
of his Losses by which it appears that Clap does not think the Claimants Estates
to be lost. Produces an Estimate of his property made in 1775 by the Claim t3
Clerk M r John Forster.
An Act of the 19* of Nov r 1778 read by which it appears that M r Boyd
is banished by name.
An Act of the 28 th Nov r 1778 whereby the Estates of many persons are con
fiscated by name but M r Boyd s name is not in that Act but he says the general
words reach him.
Another Act read pass d in 1781 to prevent persons residing here &c from
purchasing Lands in America.
Another Act pass d in 1782 read for confiscating the Estates of certain
persons who being Inha ts of America have adher d to the Cause of Great Britain.
He was never called upon under any of these Acts. Cannot give a positive Answer
to this Question whether he can safely swear upon the whole that he believes
his Estate to be confiscated.
Stephen Holland Esq sworn.
Knew M r Boyd for many Years in New Hampshire. He understood that
when he returned from Eng d in 1775 he took an active part in favor of Gov fc .
He lay at his House the Evening that he quitted Portsmouth & went to New
York. Never heard anything to impeach his Loyalty. He was a Man of very
considerable property. He told the Witness that he went away sooner than
take a part with the Americans for if he had staid he must have fitted out
Privateers &c. Knew M r Clap. Does not believe that he was a Partner believes
him to have been his Clerk. Does not think there was any private Agreement
between M r Boyd & M r Clap to take different parts out of policy. Supposes
the property will not be lost. Can t speak accurately to the property. Knows
that M rs Boyd is in poss n of it. Does not consider the Estate to be confiscated
as no Proceedings have been had under any of the Acts & says the Law is so in
every province as well as Hampshire. Being asked as to the Character of Col 1
Boyd he says he has heard people speak well & ill of him but he has had transactions
with him & he always found him a very honest Man. Considers him as a very
illiterate & weak Man.
Tho s M c Donnough sworn.
Knew Col 1 Boyd in N. Hampshire before the troubles. He was admitted
in 1775 one of the Council by Mandamus & he believes he attended. Has heard
that he was threaten d & insulted. Considers him as a firm Loyalist. Has heard
some imputations upon his Loyalty but he does not think them well grounded.
Does not know anything of his property or Ships. Does not consider Col 1 Boyd s
property to be lost to him. Conceives however the general Act of Confiscation
to extend to his Case. Thinks M r Boyd a Man of tolerable good Understanding
& that he knows the difference between Sterling & Currency. He was con-
sider d as an interested Man but in general he was consider d as an honest Man.
John Lane sworn.
Has known Col 1 Boyd since the Year 1764 when the Witness was in America.
Knew him here afterwards in 1774. He always looked upon him as a loyal Man.
( 350 )
He has some little knowledge of his real Estate. He knows the place which he
purchased of M r Livius 1 tho he did not buy it till after he left America. He
has had Dealings with Col 1 Boyd as a Merch*. He sent many Ships to Eng d
more than anybody. Says he dealt in a particular manner he had always more
Money than most people in Eng d & therefore he was a very good Customer to
M r Lane & he never objected to his Accounts. Says he is a clever Man in business
but admits that he is a very illiterate Man he has had no Education. Says he
understands very well the difference between Sterling & Currency in all the
provinces. Being shewn the Acc fc which had been presented by M r Boyd & the
mistakes which had happen d between Sterling & lawful Money He says he is
of Opinion that such an Opinion could not happen from Stupidity.
Further testimony to the Memorial of Colonel Boyd
T i, TV/T 25 th of April 1785.
John Meserve sworn.
Knows a person who calls himself Col 1 Boyd but thinks he has no right to
be called so. Has known him for 40 Years. He has not a spark of Loyalty.
Has heard him say during the War that he was of a Club of Citizens who used
to meet frequently & the first Toast given was Gen 1 Washington & Success
to him. Knows he sent a Letter to M r Clap which was publickly read in America
in which he desired him to distribute Money to the Widows &c of those who
were killed in the War & he express d a Wish in that Letter that his Children
would take the part of the rebels & that he would disinherit them if they did
not. He has not a Doubt in his own mind from these Circumstances that during
the War he has frequently sent intelligence to America to the prejudice of the
Country. He did not bear the Character of an honest Man in the Country.
On the Contrary it was supposed that he would take all Advantages. His own
Certificate is read to him & being asked why he gave it Says he does not think
his Certificate imports Loyalty. He only states facts he says. Admits that he
has had Quarrels with Col 1 Boyd. He owed Money to Col 1 Boyd at that time.
And it was since that time that he quarrel d with him. Thinks if he had not
owed him Money he should have given him that Certificate. Thought he wanted
the Certificate to shew to the Commissioners. Can t say whether he thought
the Certificate would be of service to him or not. Admits that he was intimate
with him at that time. Doubts whether he should have written that Letter
to M r Forster if he had not quarrel d with Col 1 Boyd. Says that M r Boyd s
Character is very well known to M r Hale M r Little & M r Terry. He was confined
in the same place with the Witness for \ an Hour but at that time he did not
1 Livius was appointed by Lord G. Germain Chief Justice of Canada in 1775. He was described by
Carleton as greedy of power, more greedy of gain ; imperious and impetuous in his temper, but learned
in the ways of eloquence of the New England provinces, valuing himself particularly on his knowledge
of how to manage Governors (A. G. Bradley, Lord Dorchester, p. 185). (Livius had already quarrelled
in New Hampshire with the Governor Wentworth.) It should be noted that Livius was the cause of the
important decision by the Privy Council that the Governor had no right to consult an inner circle of his
Council, and thus in effect to introduce the Cabinet system (Munro, Acts of the Privy Council, Col. Series,
vol. v, pp. 467-71).
( 35i )
think him a Loyalist. Says he was taken up by a Man who had had a Quarrel
with him. Has heard of his having a Passport from the Committee to go to New
York & says the Committee would not have given such a Passport to a Loyalist.
Does not know that M r Hale has had any Quarrel with M r Boyd. Never heard
that there was any Agreement between M r Boyd & M r Clap to take different sides.
Sam 1 Hale Esq sworn.
Knows M r Meserve to be a Man of Character & Delicacy & that he would
not say a wrong thing if he knew it. Has known Col 1 Boyd from the Y r 1766.
He lived in Portsmouth himself. And he knew him when he returned from Eng d
in 1775. America was then in a flame. He return d as a Merch* & some time
after he returned he was appointed a Mandamus Counsellor under the Idea
that he was a Loyalist. But he was never esteem d there so far a Loyalist as
to run risque. He was never consider d as a Loyalist & the Witness did not
look upon him as such. Knew M r Clap he was a violent rebel he lived with
Col 1 Boyd in his House. Thinks there was no intrigue between Col 1 Boyd & that
party. Says they would never trust him. Thinks it probable that M r Boyd
may lose his property. The Province is so distress d that they cannot pay their
Quota to Congress. During the War he always appear d to be a friend to
America he has often conversed with him upon the Subject. Says that M r Boyd
is a cunning Man & apprehends that he knows the Difference between Sterling
Money & Currency. 1
Further testimony to the Memorial of Colonel Boyd
~ , T . , 13 th of May 1785.
btephen Little sworn. J
He was settled in the Town of Portsmouth. Knew M r Boyd many Years
before the troubles. He never thought him attached to Great Britain. When
he was made a Member of the Council He thinks he was a very improper Man
on Ace* of want of Education & likewise on Ace* of his political Principles. His
political principles were known to everybody. Says he was sworn into the
Council. But he consider d from his Conversation that he espous d their Cause.
Remembers his being made Prisoner. He was taken up as a Tory but when
his name was mention d to the Committee they releas d him immediately. Many
others who were taken were kept two Days & obliged to give Bonds but he was
releas d without. Never heard of his taking any Oath. Knew M r Clap he was
a Rebel. He has often heard him speak in favor of the Americans & say they
would succeed. Speaks of the Letter to M r Clap in which he desires his Children
to take part with them. Does not recollect his keeping a Store. He had two
Ships. Has heard him say that he meant to go back to America. Says he has
strong abilities in trade but he is a Man of low Education. Thinks he would
know the Value of Money. Says nobody will say that he was a loyal Subject.
1 At the outbreak of the Revolution the New England Governments . . . had issued Paper Money
for immediate use. ... By 1778 the whole system of currency had broken down hopelessly. . . . By
1780 . . . Continental money was forty to one. . . . Bancroft gives the value of the dollar " buoyed up
by the French alliance " in 1778 at 20 cents. It fell to 12^ c. in January, 1779 ; to 5 c. in April ; to
2 c. in December (W. B. Weeden, Economic and. Social History of New England, vol. ii, pp. 797-8).
It is thus apparent that Boyd s mistake was a very material one.
( 352 )
Further Testimony to the Memorial of George Boyd
Bamber Gascoigne l Esq sworn. 27 th of May 1785.
Says when he was in the Board of Trade & Plantations Col 1 Boyd came over
here in 1774 or 1775 & was recommended to him as a person of considerable
fortune & trade in the Province of New Hampshire & well attached to his
Majesty s Gov*. And who from the Extent of his trade had a great influence
in the Country. Says he gave very material Intelligence to the Board of trade
& also gave him a clear Ace 1 of the State of the Country & he asserted at the time
that if he had known the Intentions of this Country before he came over here
he had that Influence that he could turn the minds of the people there & he had
reason to think from the Enquiry he made that he had considerable Influence.
He was appointed one of the Council at the recommendation of M r Gascoigne.
He rec d two Letters from M r Boyd after his return to America & believes he
continued firm in his Loyalty. He has reason to think from the Information
he has rec d of his Conduct that he might have been of more service to Gov 4 if
he had not been too open in his Conduct.
Further testimony to the Memorial of Col 1 Boyd
Peter Livius Esq sworn. 7 th of July 1785.
Knew Col 1 Boyd at the beginning of the troubles & before. Knew him in
Eng d in 1775 & he heard M r Gascoigne say that he was to be sent out under an
Idea that he would be of service to Gov*. And he says he thinks if he had been
well paid for it & had contracted to do anything for Gov 1 he would have kept
his word. Does not know anything to impeach his Loyalty. Has heard such
Reports. Says he had considerable property. Has had some transactions in
Money Matters with him & has a bad Opinion of him from some things which he
has seen in the Courts where he was Judge. Thinks he knows the difference
between Currency & Sterling. Has not a good Opinion of his moral Character.
Says if he has made a Charge in Sterling when he ought to have made it in
Currency that he must have done it wittingly because he must have known better.
Says from what he saw of him in the Court where he presided if the other Judges
had been of the same Opinion with him he should have directed a prosecution
for Perjury. Thinks that M r Boyd s natural wishes & Bias were in favor of that
Country & that he wished well to America. But at the same time he says that
he thinks he would have kept his word with Gov 4 if he thought that Gov* would
succeed. And he says he believes that it must have been his Opinion at the time
that he went to New Hampshire that this Country would succeed. Being desired
by the Commissioners to give his private Opinion whether from all that he knows
of M r Boyd he considers him to be a Loyalist He says No. He does not consider
him entitled to make any Claim under this Act of Par 1 as a Loyalist.
1 Bamber Gascoigne became a member of the Board of Trade in 1763. After the abolition of that
Board he was appointed Receiver-General of the Customs (Annual Register, 1763 and 1791).
( 353 )
Memorial of Joseph Adams Determin d the
Joseph Adams the Claimant sworn. 2 ^ of A ? ril I 7 8 5-
Is a Native of Cornwall. He went first to America in 1756. He had an
House & Wife at Boston & resided there occasionally but was principally at Sea. A British Subject.
He was not in America during the Y rs 1774 & 1775 his Wife & family were then
dead. He had then no property in America. He went to New York in 1776.
We were then in poss n of New York. His Loss was as a Trader at Sea. He
remain d at New York till 1777 when he sail d from New York in his own Vessel
to Philadelphia. He was employ d to supply the Army the Ship was called
the Lord Drummond. She was blown off the Coast & then went to Antigua
& was condemn d there. First charges ^156 for a Loss sustain d in 1769 Waved.
He bought the new Ship Lord Drummond in Antigua in 1778 & fitted
her out to go to Philadelphia & she was taken. He values the Ship & Cargo
He bought the Rosamond soon after at Antigua & fitted her out for New
York. She was worth with the Cargo 505. She was taken by the French
fleet off Sandy Hook going into New York. He bought the Ships for his own
Use & used them in the Way of trade & he meant to get Money by it. He knew
of the American & French War & knew that they would take him if they could.
Claims these Ships to be compensated because he lost them for his Loyalty.
He was advised by several persons to put in a Claim under the Act of Par*. He
has mention d the whole of his Case & says his Witnesses are to prove his Situation
at New York in the Years 1777 & 1778.
N.B. The Board upon considering the Case of M r Adams were clearly
of Opinion that it was not a Case at all fit to have come under the Consideration
of the Board & therefore refused to hear any Witnesses & were unanimous in
thinking that it ought be dismissed & to be reported upon as not the Case
of an American Sufferer entitled to relief under this Act of Par*.
Memorial of Edward Oxnard l Determin d f
25* of April 1785. 25 th of Ap 1 1785.
Is a Native of America & was settled at Falmouth in Massachusets as
a Trader & at the Commencement of the troubles adher d to the British Gov*.
After the battle of Lexington he was called upon by the Rebels to join them
which he refused. In May 1775 he went on board Capt n Mowatt to avoid being
confin d. He came on Shore again in a few Hours & remain d 6 Weeks without A Loyalist,
being molested. In June 1775 he came to Eng d . They insisted on his taking Did not bear
up Arms if he had staid. Arms.
He was a Storekeeper & had been settled in business about eight Years before
the Rebellion. His reason for coming to Eng d was that he apprehended he could
not stay with Safety. The Town of Falmouth was burnt in 1775 after he came
to Eng d . He was insulted & ill treated before he came to Eng d which was in
Aug* 1775. When he came to Eng d he applied to the Treasury & after he had
1 E. Oxnard was a member of the New England Club of American Loyalists in London (see Curwen,
( 354 )
Bounty 100 a Y r . been here a Y r & | He rec d 100 a Y r & | a Y r in advance & he now continues
to receive it.
Tho s Cummings sworn.
Has known M r Oxnard since the Y r 1769. In 1774 He was keeping a Store
in partnership with Kent. They were in very good business & he consider d
them as Men of Substance. Says that M r Oxnard was always esteemed a Loyalist
& he thinks him one. Kent he thinks was as much a Loyalist as Oxnard. He
helped him to rescue Capt n Mowatt when he was attacked by the Mob. Saw
the Shop of Oxnard & Kent six Days before the fire it was middlingly stocked.
He look d upon him to be worth more than ^500. He was in credit. Does
not know that the Partners ever had any Quarrel about Politics but he has heard
Kent check his Partner for being so open. Does not know whether M rs Oxnard
was a Loyalist or not.
N.B. Capt n Mowatt was to have attended as a Witness but being obliged
to go before he was called in he said he should return. However the Board
were of Opinion that it was not necessary to examine him at any future time
& that there was sufficient Evidence before us to enable us to decide upon the
Case of M r Oxnard.
Determin d the Memorial of Will 1 " Smith
3 o th of Ap 1785. t /* 26 th of April 1785.
Will m Smith the Claimant sworn.
Is a Native of Eng d & went to America in 1769 to settle as a Merch* & was
A Loyalist. in that Situation at the Commencement of the troubles. He never bore Arms
but he attended the first Meeting & upon all Occasions conducted himself as
a Loyalist & was on that Ace* treated with Contempt & threaten d & was drove
from the Town of Baltimore in Dec r 1776. Produces an anonimous paper to
shew that he was in danger. He quitted the Town of Baltimore upon this but
he returned in Six Weeks. He join d Sir W m Howe at the head of Elk when he
removed he was pelted out of the Town for his Loyalty. They called upon
him to take an Oath but he never took any Oath. Went to Philadelphia & came
Bounty 100 a Y r . to Eng d on ace* of his health in 1778. He has an Allowance of 100 a Y r which
he rec d from the 25* of March 1778 & he now continues to receive it.
George Chalmers Esq sworn.
Knew M r Smith very well. He was very loyal & universally so consider d.
Remembers his Rope Walk near Baltimore Town. There was a Dwelling House
Sheds &c. Can t speak to the Value. He was a Man of very fair Character.
The Witness says it is probable that persons may recover their Debts.
N.B. A Strong Certificate from Sir Rob 1 Eden had been left with his papers
Uriah Forest sworn.
Knew nothing of Smith till lately. Recollects the Rope Walk which he held
with buildings &c & says it was confiscated & sold. Can t speak to the Value
of it before the troubles. It appears to have been sold for 1541 in 1781 in
Specie or Continental Money. Continental Money was at that time 3 or 5 for
( 355 )
one. Says the Premises were not in very good repair. Thinks the Money given
for it was not worth more than 500.
Memorial of Archibald M Kay 1 Determin d the
Archibald M Kay-the Claimant-sworn. f 8 * of A P ril ^ ^ oi Ma ? ^
Is a Native of America was born in Carolina remain d at home till 1781
& until that time took no part on either side. He join d Lord Cornwallis at
Cross Creek. He stood his Draughts at different times & never was drawn but
once & then he got a Man to serve for him. He never took the Oaths but was A Loyalist,
treble tax d. He never served with the rebels. He says he forged a Certificate Bore Arms.
to get an House can t recollect but he believes the Man s name whom he forged
was Smith. He served in the Militia after he join d Lord Cornwallis. When
Wilmington was evacuated he was a prisoner & afterwards made his Escape into
Charlestown where he remain d till the Evacuation & went to East Florida &
when he knew the Spaniards were to have East Florida he went to Halifax. He
came to Eng d in Nov r last. He obtain d an Allowance of 30 a Y r from the io th
of Oct r 1784 & he now continues to receive it. Says he was only 18 Y rs of Age
when his father was banished in 1777 for not taking the Oaths of Allegiance.