ted
recommendations of Congress in their favour. Some of the States, whose
territory had been longest and most recently occupied by the enemy, were
even inclined to enact new confiscations."[65]
In each and all of these historical statements it is clearly admitted
that the claim of the Loyalists to compensation for loss of property was
founded in equity, as well as in national policy. This is sanctioned by
the admission of the American Commissioners and the recommendation of
Congress. The want of power in Congress to do what is admitted to be an
act of justice to the Loyalists is the plea for not restoring them the
property which had gone into the hands of their opponents, who were
proportionally enriched thereby. It was left to local avarice and local
resentment to deal with the property of banished exiles.
What was claimed by and in behalf of the Loyalists accorded with the
practice of even modern nations, as well as with the sentiments of
humanity. When the Dutch provinces asserted their independence of Spain,
and after a long and bloody war obtained the recognition of it, they
cordially agreed to an act of oblivion, and even restored to those who
had adhered to the cause of Spain, their property of every denomination
that had been confiscated, or the full value of it. Even Spain herself
had twice thus acted towards the province of Catalonia--first, on its
revolting from that Crown, and calling in the assistance of France; and
secondly, on its refusing to acknowledge the Bourbon family, at the
beginning of the last century. Though the inhabitants had forfeited life
and property, yet, on their return to obedience, life, possessions, laws
and immunities remained inviolate. England had conducted herself in the
same spirit towards that party in Ireland which had taken up arms in
support of James the Second. No proscriptions took place, and every man,
on submitting to Government, was admitted to the undisturbed enjoyment
of his property. Had this spirit actuated, and these examples, with many
others of like character, influenced the Americans, how much more
honourable to them, and more consistent with sound policy, to efface at
once all remembrance of internal discords, than to pursue, in the
execrable spirit of revenge and avarice, those of their countrymen who
differed from them in opinion in the late contest, and sided with Great
Britain.[66] That the plea that Congress had no power in granting
amnesty and compensat
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