ssions of both parties to the controversy were
aroused to the highest pitch, and some allowance must be made for
conditions which were different from those which existed when the
questions at issue were still matters of argument. It is impossible in
times of civil strife to cool the passions of men and prevent them from
perpetrating cruelties and outrages which would be repugnant to their
sense of humanity in moments of calmness and reflection. Both sides,
more than once, displayed a hatred of each other that was worthy of the
American Iroquois themselves. The legislative bodies were fully as
vindictive as individuals in the persecution of the Loyalists.
Confiscation of estate, imprisonment, disqualification for office,
banishment, and even death in case of return from exile, were among the
penalties to which these people were subject by the legislative acts of
the revolutionary party.

If allowance can be made for the feelings of revenge and passion which
animate persons under the abnormal conditions of civil war, no
extenuating circumstances appear at that later period when peace was
proclaimed and congress was called upon to fulfil the terms of the
treaty and recommend to the several independent states the restoration
of the confiscated property of Loyalists. Even persons who had taken up
arms were to have an opportunity of receiving their estates back on
condition of refunding the money which had been paid for them, and
protection was to be afforded to those persons during twelve months
while they were engaged in obtaining the restoration of their property.
It was also solemnly agreed by the sixth article of the treaty that
there should be no future confiscations or prosecutions, and that no
person should "suffer any future loss or damage, either in his person,
liberty or property," for the part he might have taken in the war. Now
was the time for generous terms, such terms as were even shown by the
triumphant North to the rebellious South at the close of the war of
secession. The recommendations of congress were treated with contempt by
the legislatures in all the states except in South Carolina, and even
there the popular feeling was entirely opposed to any favour or justice
being shown to the beaten party. The sixth article of the treaty, a
solemn obligation, was violated with malice and premeditation. The
Loyalists, many of whom had returned from Great Britain with the hope of
receiving back their estates, or of