receives an Allowance of 100 a Y r from the Treasury. His Wife is an American
& lives at Portsmouth. His property has not been confiscated but is all in the
poss n of the family. He had an Order to go out again with Lord Dunmore
when he rec d the 500.
But not being on the List of American Sufferers He
could not get his Passage Money & that was the reason of his not going out.
Bounty 500 in
Determin d y e Memorial of James Graham
22 d of June 1785. !. r>i 20 th of Tune 1785.
James Graham the Claimant sworn. J
Is a Native of Scotland & went to America first in 1755. Settled there as
A Loyalist. a Merch* & left America in 1771 & came to London & settled here as a Merch*.
In 1778 He went to America partly on business & partly to amuse himself. He
went to South Carolina where he was called upon to take an Oath to the States
which he refused & he was order d to quit the Country. He went to S* Augustine
& afterw ds came to Savannah during the siege & remain d there till we took
Charlestown & then came to Eng d where he has resided ever since. He is now
in trade here the firm of the House Graham & Simpson. He bore Arms at the
siege of Savannah but in no Corps in common with many others.
John Jamieson sworn.
Knew M r Graham s property on Hutchinson s Island. Says it was valuable
& worth 12 per Acre without the Buildings which were considerable. Never
remembers Land in his Life sold upon the Island for 12 per Acre. If it had
been sold for 12 or any other Sum per Acre probably the Money would have
been paid by instalments in two or three Years.
Can t speak to the 90 Acres or the uncultivated Tracts.
Knew the Land on the Island but does not know what Stock M r Graham
had. Can t tell what it would cost to put it into a State of Cultivation. ^Knows
that some people have talked of 8 or 10 per Acre but cannot tell. Says it must
have cost a great deal speaks positively with certainty to its costing more than
.1000 but won t go farther & when asked whether it would cost 1500 he pauses
about giving an Answer to it.
Determin d the Memorial of Rev d Will m Andrews
20 th of June 1785. TTT-IV A j i /-i 2O th of June 1785.
William Andrews the Claimant sworn.
Is a Native of Ireland & went to America in 1770 as a Missionary under the
Society for propagating the Gospel. In 1773 He obtain d a Living from Lord
( 387 )
Dunmore in Southampton County. He obtain d the Living which he has lost A Loyalist,
in 1779 the Living of Portsmouth. They required of him to conform in 1779
but he refused it & would not pray for the Congress. In 1776 He was Rector
of Suffolk & he was threaten d in the Reading Desk if he pray d for the King
by a Rebel Col 1 . However he did pray for him. In 1780 He was knocked down
because he was an Enemy to Independence. He left Suffolk & went to Ports
mouth in order to get out of the Country. When he changed Livings He was
obliged to desist from praying for the King. His Wife was a great Rebel & her
friends were the Occasion of his having preferment. She is now dead. Upon
Gen 1 Arnold coming to Portsmouth he join d him & he continued with the
Army till York Town was taken & was Chaplain to the Garrison of Portsmouth
6 York Town. He was tried for his Life in 1781 & banished from that Country.
He has an Allowance of .80 a Y r from the Treasury which he has rec d from the Bounty 80 a Y r .
io th of Oct r 1782 & he now continues to receive it.
Says the Living of Suffolk was about 10 a Y r less than that of Portsmouth. Living 150 a Y r .
Thinks the Living of Portsmouth was worth ^235 a Y r . Colonel Dundas being
called upon recollects that he had the living of Portsmouth & that the Glebe
was said to be valuable.
Says that there is a Rebel Clergyman appointed to his Living.
Being asked whether he has any Witnesses to produce who may be material
to his Case He states what he meant them to prove & upon reconsidering the
Matter & being told that what the Witnesses would speak to is not very material
He says he does not propose to call any Witnesses.
Memorial of Philip Barton Key Determin d the
-r>,. r T> -rr ., 01 . 21 st of Tune 1785. 22 d of June 1785.
Philip Barton Key the Claimant sworn.
Is a Native of Maryland. Lived in Anapolis when the rebellion broke out.
He was studying the Law & was under Age. In 1775 He refused to sign the A Loyalist.
Association. In 1777 when the British fleet went by he was called upon
by the Rebel Gov r to arm & he refused. Sir Rob 1 Eden quitted in 1776 & the Bore Arms &
British fleet pass d by in Aug* 1777. He was frequently called upon to serve receives Half Pay
in their M a & always refused & never in any one instance conformed to their of a Capt n .
Gov*. When he refused in Aug fc 1777 They insisted upon his not coming within
7 Miles of Navigable Water. In consequence of which he left the province in
Dec r 1777 & join d the Army in Philadelphia. Sir W m Howe gave him per
mission to raise a C & he rais d 40 Men & had a Comm n of Capt n dated in March
1778 which Comm n he produces. He served in that Corps of Maryland Loyalists
till Dec r 1782 when he came home on Acc fc of his health & has been here & in France
ever since. He applied to the Treasury for an Allowance but he receives none.
He has the Half pay of a Capt n . He had Pay in that Country. He was indicted
& attainted of High Treason in 1777 (produces a Copy of it). That Attainder
has never been taken off & his Lands have been confiscated in Consequence
His Brother was a firm Rebel. It was not recommended to the two Brothers
to take different sides.
( 388 )
James Brooks sworn.
Knew the Claimant & his father in America. Says that he muster d with
the Americans for a very short time for the latter end of 1775 & the beginning
of 1776. Does not know or to have heard that he refused to sign the Association.
The elder Brother took the other side. He recollects his refusing to take up
Arms for the Americans when the British fleet was there. His father had a con
siderable landed Estate & died in 1770. And left a Will not executed by which
the personalty would pass. Recollects a Deed drawn in 1775 by which the
elder Brother gave sev 1 tracts of Land to the Younger. The Witness wrote the
Deed. Recollects the names of all the Estates in the Deed. But can t value them.
Says when persons take Grants from the Proprietors of Maryland they generally
pay is. an Acre besides the fees. Thinks the fees upon such Grants would not
amount to more than .5 or 6 per Grant. Says it was not the Custom for the
proprietors to bind them to cultivate. There was a great extent of uncultivated
Lands in the province of Maryland & still remains a great Quantity of ungranted
Lands. This Deed was executed in the Month of Sept r 1775.
Determin d the Memorial of Susannah Marshall
22 d of June 1785. c i_ i\/r -L 11 ^i rvi 21 st of Tune 178^.
Susannah Marshall the Claimant sworn. J
Is a Native of Wales & went to America in 1774. Her Husband was an
She & her Irishman. They went to Baltimore & they carried out about 500 S. They
Husband Loyalists. k e p t a Lodging House. Her Husband left her in 1775. He refused to go with
the rebels to demand the Arms of Sir Rob* Eden. 1 Her Husband soon after
went to Providence & the West Indies & he died. He refused to take any part
& therefore he could not stay in the province. They obliged her to keep several
rebel soldiers till 1776. When Lord Dunmore issued a proclamation She refused
& was obliged to quit her House otherwise she would have been tarr d & feathered.
When she refused to take these Soldiers the Rebels seized a great many of her
40. goods to the amo* of .50 S. They put a Stop to her Debts to the amount of
.100 more. She sold the remaining effects afterwards for Money with which she
afterwards bought Flour Hams &c. She sold all sorts of spirituous Liquors.
When she sold her effects she put her Hams &c on board & took three Frenchmen
on board. She was taken by James Wallace 2 & her Cargo was condemn d & sold.
In 1777 She had about ^800 C. in paper Money with which she bought the
Hams &c. She came to Eng d in Oct r 1777. In June 1783 She had an Allowance
Bounty 20 a Y r . of 20 a Y r which she continues to receive. She never had an Allowance before.
Will" 1 Lloyd sworn.
Knew M rs Marshall & her Husband at Baltimore. They were both loyal.
They kept a Lodging House & sold Liquors. The Witness was at Baltimore
after she quitted it. Has heard that her House was Damaged but never heard
what Damage. Remembers her selling her furniture & going to the Head of Elk.
Remembers that she had several American Soldiers & Sailors & believes they
quarter d more upon her than if she was Inclined to them. They were looked
1 April 28, 1775. See Steiner, op. cit., p. 90.
2 b. 1731, d. 1803. He became Captain in 1771 and was knighted in 1777.
( 389 )
upon to be people of Property has heard that they were supposed to be worth
.800 C. Says he knew their House & it was tolerably well furnished.
Memorial of William Hest Determin d y 6
\ir-ir u- t, rM 22 d of Tune I78c;. 22 d of June 1 785.
William Hest the Claimant sworn. J
Is a Native of Eng d & went to settle in America in 1763 & settled at Charles-
town. When the troubles broke out He was always loyal. He left the Country A Loyalist but
because he would not take the Oath of Abjuration. Never sign d any association, served in the
He refused the Oath in 1778 & was order d to leave the Country. He never American M a till
bore Arms for us. But he was obliged to turn out in their M a when Sir Peter
Parker was off the town. Says he took a Gun which would not go off to prevent
his being insulted. Never served afterwards. He quitted Charlestown in 1778
in July with Sir Edm d Head. Was permitted to sell his property & he converted
it into Rice & embarked it on board the Hope. He came to Eng d in 1778. He
applied to the Treasury for temporary Support but his Application was negatived.
Claims for a Loss of business which for some Years previous to the troubles
was at least ^500 a Y r S.
Tho s Corbett sworn.
Has known the Claimant from 1767. He avoided entering into the Dispute
at all & was neutral. Says the Laws of the Country compell d him to take up
Arms ag fc G. B. the Witness took up Arms himself. He never saw M r Hest in
Arms. Believes him to be loyal & that he quitted that Country because he
would not take the Oath. Knows that he was Part Owner of the Ship Hope
with Sir Edm d Head & M r Kincaid &c.
Memorial of James Parker 1 Esq. Determin d the
James Parker-the Claimant-sworn. 2 3 d o J une 7 8 5- 4 th of July 1785.
Swears in general to the truth of the facts set forth in his Memorial. He
says he was attach d to this Country from the beginning. Never conformed in
a single Instance to their Gov t . Has borne Arms frequently ag* the Rebels first
at Kemps Landing. Believes that he was detain d longer a Prisoner by the
French at the request of the Congress because he would be of great service to
G. B. if exchanged. This is confirmed by Certificates from Sir Henry Clinton
& the Due de Harcourt annex d to his Memorial.
Produces an Extract from an Act of North Carolina by which it appears
that his Name is in that Act. Likewise produces an Extract from another Act
in Carolina pass d in Jan^ 1785 by which all Confiscated Property then unsold
was directed to be sold & Commissioners appointed. He has no doubt but the
whole of his property in Carolina has been confiscated & sold.
He had the Office of Postmaster for some Years & in the Y r 1774 it produced To state simply
/3o a Y r but he gave it to one of his Clerks. Admits that he might have been that he v ! a f. Po ? t :
* , master of Virginia
Amoved. & a considerable
1 In Hist. MSS. Comm., Am. MSS. in R. Inst., vol. ii, p. 38, there is an order (September 22, 1779) Merchant,
to issue rations to Messrs. Parker, Crammel, and Blair and their families, being refugees from Virginia.
( 390 )
Says that in all his Concerns He thinks he might clear per Ann. 1200
a Year S.
Bounty 150 a Y r . Has long had an Allowance of 150 a Y r from the Treasury & now
Governor Martin sworn. 2 4 th of J un e I7 8 5-
Knew M r Parker in Carolina but for a short time. Says he opposed all
the Measures of the Rebellion from the beginning. Understood that he was
a very considerable Merch 4 at Norfolk & was very useful to Lord Dunmore.
He was well acquainted with him afterwards at New York. Says he attended
the Army as a Volunteer from the time that he came to New York. Says he
recommended him to Gen 1 Matthews & Gen 1 Matthews told the Witness that
M r Parker had been of material Use to him. Thinks upon the whole that he has
been of considerable Service to Gov*.
Capt n Stair Agnew sworn.
He was Prisoner with M r Parker in France. He has always heard when in
France that the reason for detaining him was that if they restored him he might
be of great use in America. This was in common with four other Gent n . Pro
duces a Letter from the Due de Harcourt to M r Parker. Has always understood
M r Parker to be a Man of Property.
Determin d the Memorial of Will m Aitcheson
2 5 th f June 1785. Lieut t Col i Ellegood sworn. 25 th of June 1785.
The Deceased The Memorial is presented in the name of Lieut 4 Col 1 Ellegood on behalf
a L ? ya , 1 i st c & . of the Widow & Children of M r Aitcheson deceased. The Widow is Sister to
render d Services. the Witness>
Certificate which is annex d to the Memorial sign d by Lord Dunmore.
Did not bear Arms. The Widow is Sister to the Witness & is in America. The Husband died
in 1776. The Witness was in Prison with him both on Ace 1 of their Loyalty.
He was uniformly loyal to the Hour of his Death. He was formerly a Merch*
in considerable business & had then a Concern in the business but the Younger
Partners attended. The Ferm of the House was Aitcheson & Parker in Norfolk
& W m Ronald & C in Virginia. He has left a Widow & 4 Children names them.
He left a Will by which he left this House to his Sister promises to send a Copy
of the Will.
The eldest Child was killed in the service of G. B. & the other Boy has lately
Thomas Macknight sworn.
M r Aitcheson was a very intimate friend of his for many Years. He was
a very good & a very loyal Man. When Lord Dunmore was on board a Ship
M r Aitcheson join d with the people of the town in inviting Lord Dunmore
to come on Shore. He had great influence & his Example he thinks had great
weight with the people. He order d the Doors of the Court House to be broken
open that the Meeting might be held. He was an Alderman of the City. He
was imprison d for his Loyalty.
He was Partner with M r Parker in one Concern & with M r Ronald in another.
James Parker Esq sworn.
Knew M r Aitcheson very well. He was one of his Partners. He was very
loyal & more active than could be supposed as he was an infirm Man. Thinks
he render d Services by his Example & weight upon many Occasions. He is dead
& was a Pris r when he died. He has left a Wife & 4 Children & lost his eldest
Son fighting for this Country. He was likewise concern d with Ronald & C.
James Ingram sworn.
Knew M r Aitcheson very well. He was loyal he believes to the time of
his Death & believes that his Sufferings hasten d his Death. Knew his House
in Norfolk it was a very elegant House but he can t value it nor the Coach House.
His House was very well furnish d believes he lost considerably but can t tell
how much. Remembers one of his Negroes dying in the fleet. Believes he was
concern d in the Rope Walk Concern.
To the Memorial of James Simpson 1 Esq Attorney Gen 1 of South
Carolina which Case has not been heard
Earl Cornwallis sworn. 6 th of June 1785.
First knew M r Simpson at New York in 1779. Thinks him perfectly loyal.
He was employ d by the Witness in the most confidential Manner at Charlestown
whilst he was in South Carolina Sir Henry Clinton had appointed him to be
Secretary to the Commission but Lord Cornwallis found him so useful that he
begg d that he might stay longer with him. He found him a Man of perfect
Integrity & tho he had a very great property in that Country He never found
him attentive to that. Being asked whether he thinks that M r Simpson was
of great use to this Country He says he thinks he may be said to have render d
very essential Services to this Country.
Memorial of Henry Eustace M c Culloch 2 Determin d the
Henry Eustace M c Culloch the Claimant sworn. 2 ** f J une I785>
Reads an History of his Conduct during the War which is in writing & he
swears it to be true.
Certificates presented to prove the Claimant s Loyalty & read. One from
1 James Simpson was appointed Surveyor-General of Lands in 1772, He became Attorney-General
2 He was the son of Henry McCulloch, His Majesty s Surveyor, Inspector, and Controller of the
revenue and grants of land. This McCulloch speculated largely in Crown lands, with the object of paying
for them from the profit derived from importing settlers. Some three or four hundred such settlers were,
it is alleged, introduced by him. He further impaired his large fortune by furnishing these immigrants
with means. The son, however, profited by his work, as he succeeded in making good his claim to over
64,000 acres (N. M. Tiffany, Letters of James Murray, Loyalist, at p. 28). Dr. C. L. Raper would therefore
seem to be wrong in asserting (N. Carolina, 1904, p. 118) that the grants to Henry McCulloch were made
for speculative purposes, not for settlement, at least to any great extent .
It is interesting to note that Henry McCulloch was the author of a tract, Miscellaneous Representations
relative to our Concerns in America, submitted in 1761 to Lord Bute, which contained the scheme of the
Stamp Act, as adopted by George Grenville. The tract has been reprinted with an introduction by
W. A. Shaw, containing a sketch of some aspects of McCulloch s career.
( 392 )
A Zealous Loyalist,
Did not bear Arms,
200 a Y r .
300 a Y r .
Gov r Tryon D a Letter to M r Eden from him & M r Eden s Answer. Likewise
a Certificate from M r Eden. Certificate from M r Brummell. A Letter from
M r Brook Watson.
Swears to the truth of his Memorial.
Is a Native of London & went first to America in 1740. Lived in America
from 1761 to 1767. He was in Eng d till 1772 but was a Member of Council.
He went back in 1772 & returned the next Year. His father died in 1779. He
went to New York in July 1778. He went to serve this Country at all hazards.
Says he did everything in his power to prevent the rupture between the two
Countries. He returned to Eng d in 1779 with the Commissioners & had an
Allowance of 200 a Y r from the Treasury. This was augmented by M r Wilmot
& M r Coke to ^300 a Year which he now receives.
In the Month of Sept r 1777 He had the first Notice of Proceedings being
had ag* him. Never bore Arms in America.
Henry Eustace M c Culloch sworn. 2 9 th of J une I7 8 S-
Says to the Question which was asked of him yesterday how much he had
sold at different times from his Estate He now says he thinks he has sold about
8000 Acres. Leaves a paper explaining some things which pass d in his Evidence
yesterday. Produces a paper which shews the Original Order of Council made
in May 1736 giving an Authority to the Gov r to grant 120000 Acres 80000
of which were to be granted to his father. Says that great part of the Expence
was paid immediately & Interest charged upon it immediately.
Admits that Gov r Martin intercepted some Letters written by him in 1776
which being perfectly innocent were returned to him open. Says the Letters
were of a private Nature & could not be otherwise.
William Brimage sworn.
Was acquainted with M r M c Culloch before the rebellion in 1772 & 1773
& he afterwards knew him at New York in 1778. He told the Witness that
he was ready to serve Gov*. Believes him to be a firm Loyalist from everything
which pass d. Says he was consider d as a Man of very large landed property.
Has heard that he had more than 200000 Acres of Land. Never heard what
was the value of his property & cannot speak to particulars.
Colonel John Hamilton sworn.
Knew M r M c Culloch before the War. After the rebellion commenced He
did not see him till 1778 at New York when he saw a great deal of him & his
principles appear d very much devoted to his Majesty & Gov 1 . He had Oppor
tunities of shewing his zeal for the Service & he believes him to have been a firm
He was possess d of a very extensive Property in Carolina has seen many
parts of it. Many plantations were settled & he thinks they were rented. Says
those which he knew were acknowledged to be his property. Has pass d thro the
Lands in N I but can t speak to the Quantity or Value. They were looked
upon as valuable. Has known lands sell in these parts from 2s. 6d. to 30^. without
little or any improvement. Thinks that a large tract would sell for more in
proportion than a small one. He cannot speak with precision to any one tract.
( 393 )
The Land on flat River he says was particularly valuable. Has known Land
in that Situation sell for .4 per Acre.
Robert Palmer sworn. 2 * of J ul 7 V**-
Has known the Claimant upwards of 20 Years. His father was a Loyalist
& the Son he believes to be so. Knows that the father was a Man of great
property the father is dead & the Claim 1 is the only Child. He has understood
they were the best Lands in the Country but he can t speak to the Value or
give any Estimation of it. Thinks a Plantation in part clear d more valuable
than one in an uncultivated State. The Witness was Surveyor of Lands in
N Carolina & he had a Deputy in each County. Says that he has known such
Lots as these sell if divided into small Lots for a pistole per Acre & if sold in
large Quantities for a Dollar. Supposes that if a Man s property of 100000 Acres
was to be sold at once & in one Lot without adverting to the troubles l the best
Lands in the province would not sell for more than 2s. 6d. per Acre & moderate
Lands for is. 6d. per Acre. When he says this He means to say that the Money
would be meant to be paid by instalments within 2 or 3 Years & probably without
Interest. Says if divided into smaller Lots of 5000 Acres they would have fetched a
Dollar an Acre. Never recollects a very large Quantity of Land sold at one time.
Governor Martin sworn. 5 th of July 1785.
Had very little Acquaintance with M r M c Culloch. Saw him in 1773. But
cannot form any Opinion of him. Knows of no Circumstance but a Letter
which was taken at Cape Fear in April or May 1776. All Letters were directed
to be overlooked by Gov r Martin that no improper Letters might get into the
Country. Amongst these was one Letter from M r M c Culloch to Cornelius
Harnet who was a violent rebel. It seem d to be intended to conciliate the Good
Will of M r Harnet & his friends. Refers us to M r Macknight who he says knows
a great deal more of it. At that moment it (the Letter) convey d to the Governor s
mind & to his friends that M r MCulloch s Sentiments were not quite orthodox.
Believes that M r Macknight at that time thought of the Letter as he did. But
he says that his Jealousy was never confirmed by any subsequent Conduct & knows
nothing to impeach his Loyalty. This was before the Declaration of Indepen
dence. Says he was consider d to be possess d of very valuable tracts of Land
but can t speak to Quantity or Situation. Says M r Elmsley who spoke to this
property is he believes a Man of very good Character.
1 i.e. without taking into consideration the question of the Revolution.
JOHN CHANDLER (page 335).
The case of John Chandler has been exhaustively dealt with by Mr. A. McFarland Davis in The
Confiscation of John Chandler s Estate, Boston, 1903. Chandler was Selectman, Town Treasurer, Town
Clerk, County Treasurer, Sheriff, Judge of Probate, and Representative of the General Court. He was
also a Colonel of the Worcester Regiment and saw active duty in 1757. He was known in Worcester as
Tory John , and in England as the modest refugee because of the modesty of his claims. In a petition