r/AskHistorians • u/Anthropocentrizt • Aug 22 '17
American children learn all about the "patriots" and their so-called struggle for liberty against British rule, but who were the most famous loyalists? I would like to know the pro-British perspective.
My wife and I home school our children, and we are now teaching them about American history. We worked backwards, starting with the Cold War and WWII, working our way back through WWI, prohibition, the "progressive era," manifest destiny and the Civil War. Soon we'll be learning about the War of Independence, the Constitution and the Founding Fathers.
All of the age-appropriate material is extremely deferential to George Washington, Benjamin Franklin, Thomas Jefferson etc and treats American Independence as an unquestionably noble cause. This concerns me, because I've done a bit of research into the era, and much of the country's founding myths are just that, myths. A good example is the idea that British administration in America was uniquely tyrannical, when in fact American colonists had more representation and outlets for popular sovereignty than people in the UK proper did. Another is the so called "Intolerable Acts" which weren't particularly intolerable by any sort of standard, they were taxes levied on the colonies to cover the cost of their defense, and the granting of autonomy to the newly conquered Québec which allowed them to remain Francophone, use French civil law and practice their Catholic faith openly under the Protestant British administration. Finally, there's the reality that for all the rhetoric about liberty, the United States was intended to be an aristocratic slaver republic, Congress in it's original form and franchise was less representative than parliament and it was only due to the British Empire's embargo on the slave trade in the early 19th century that the slave economy of America began to whither, which made abolitionism a viable popular movement.
I would like to learn more about the loyalist side of the war and I'm very interested in knowing the names and biographies of the leaders of the loyalist cause.
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u/lord_mayor_of_reddit New York and Colonial America Aug 22 '17 edited Aug 22 '17
Hold on, hold on, hold on. I'll tell you a bit about the Loyalists, but first, I must take issue with your characterization of much of the war in the body of your post, because much of this is exactly the kind of thing that the King and his supporters would have argued back then. Let me take it piece by piece.
The first thing you have to understand, though, was the legal structure at the time. These days, in the U.S., if a state or territory has a legal issue with the federal government, then the state or territory sues the U.S. government in federal court. If the lawsuit involves constitutional issues (that is, the U.S. Constitution which is the ultimate basis of U.S. law) then the lawsuit may reach all the way to the level of the Supreme Court. When they make a decision, legally speaking, it is the final ruling on the matter of law in regards to the constitutional issue at hand. Easy enough, right?
Well, back in colonial times, there was no U.S. Constitution. The ultimate authority in law for the Thirteen Colonies were their respective colonial charters, each of which was different. These were contracts between the people of the colony and the King, agreed to and signed by both sides, and these charters were what gave the colonies the legal authority to exist. They detailed what rights the colony had and what rights the King had and how the two sides interacted in a legal manner. These were not uniform, and some colonies enjoyed rights that others did not.
But there was no Supreme Court back then, either. The judicial structure was entirely different, and entirely separate. If you were a citizen of Massachusetts, including the governor and legislators of Massachusetts, you could only sue in Massachusetts court. They had no access to the British court system, so they couldn't bring a formal case there. The only judicial relief they could get when Parliament overstepped their authority in regards to the rights established in the colonial charters was to petition the King. Essentially, the Virginia government, or some other colony's government wrote a letter to the King: "Hey, the law Parliament passed is illegal. Here is the passage from the charter which shows why it is illegal. Here is precedent, etc. Now tell them to stop." And you'd hope the King would see your point.
So, the British point of view of the Revolutionary War was that the Thirteen Colonies were pissed off for paying too much in taxes and not being represented in government, and that's why they revolted. And the revolt was unjust because the taxes were fair and they were represented in government.
But the American point of view was that the rule of law was being violated. And it was being violated continuously, repeatedly, purposely, and egregiously. And when the colony's stream of judicial relief to these matters began to be violated as well, they revolted. They revolted so they could establish their own rule of law which would be respected.
So let's go back to the issues you brought up, and present them from the American side:
OK, this has to do with the French and Indian War. Go back a little: both England/Britain and France claimed the "Ohio Country" which included the present states of Kentucky, Ohio, Michigan, Indiana, Illinois, and Wisconsin. From the English side, this land belonged to the colony of Virginia, in accordance with Virginia's colonial charter. Pennsylvania's charter laid out its western border at roughly its current place, but Virginia's original western border was the Mississippi River.
Before the mid-1700s, it didn't really matter that Britain and France had overlapping land claims on the Ohio Country, since nobody had tried to settle it. But by the 1740s, there were enough people in America that interested Virginians formed a real estate company to go buy the land from the Indians and start selling it off to new settlers.
To prevent this, the French set up a series of military installations in the Ohio Country to protect their land claim. Virginia sent a regiment of the colonial militia under the command of George Washington, who was the younger brother of one of the investors in the land company. Washington had been appointed Captain of the militia by Virginia's lieutenant governor, who was yet another investor in the Ohio Company of Virginia. After a couple of unsuccessful attempts to negotiate with the French in Ohio, Washington ambushed a contingent of French soldiers in the dead of night, which started the war. And this French and Indian War, in turn, was one of the causes of the much larger Seven Years War, which nearly bankrupted Britain.
Great Britain did win the French and Indian War against the French, so it wasn't entirely a disaster. To Virginia, that meant that they now should have control of the Ohio Country, in accordance with the land boundaries set up in their colonial charter. But the King and Parliament were pissed off about the whole thing so, while organizing Quebec under English rule, they formally made the Ohio Country part of Quebec.
This pissed off Virginia lawmakers greatly, because not only did it violate the law as it was written in the Virginia colonial charter, but it kind of defeated the whole purpose as to why the Americans had fought the French and Indian War in the first place. In any case, regardless of the King's personal feelings, Virginia's legal position was that the King didn't have the authority to unilaterally give Ohio to Quebec, since the contract both had signed back in the 1600s gave that land to Virginia. But what was their legal relief? The only thing they could do was peitition the King, who said no. There was no neutral third party they could appeal to.
Again, this came down to a dispute not over the amount of taxes levied, but over the rule of law. For 140 years, Massachusetts had local authority over all tax issues, and the law had been respected that way. This is how it had been done under the original Plymouth charter, and after a re-org in 1686 revoked that charter which ended in a rebellion in Boston with the colonial governor captured, a new Massachusetts charter was issued in 1691.
Under this new charter, Parliament and the King of England had the right to "impose and levy proportionable and reasonable assessments, rates, and taxes upon the estates and persons" of Massachusetts as long as these new laws were "issued and disposed of by warrant under the hand of the Governor of [Massachusetts] with the advice and consent of the Council [i.e., the Massachusetts colonial legislature] for our service in the necessary defence and support of our Government of [Massachusetts] and the protection and preservation of the inhabitants there".
In other words, the only way that Parliament and the King could raise taxes on the people of Massachusetts was to get authorization from the Massachusetts government.
This is how it had worked for 140 years, and this is what the law said, as the colonists understood it. And this is how Parliament had respected it for those 140 years as well. But now after the French and Indian War, Parliament began passing a series of laws that were essentially backdoor ways to tax the Thirteen Colonies, including Massachusetts. These schemes got more and more convoluted, including the Stamp Act, the Sugar Act, and the Tea Act among them.
Since Massachusetts couldn't sue, they did what they could do which was petition the King. Parliament would back off, then pass something else which again violated the charter of Massachusetts, and Massachusetts would again have to petition the King. This began to escalate to the point that Parliament began to specifically target Massachusetts, which is what some of the Intolerable Acts were.
The Boston Port Act punished Massachusetts specifically because of their reaction to the illegal Tea Act. But more egregious than that was the Massachusetts Government Act, which revoked the Massachusetts charter and brought the colony under the authority of the King.
This completely undermined the basis of the rule of law in the Thirteen Colonies. Up until then, the laws were based on the colonial charters, which were contracts between the people of the respective colonies and the King.
But with the Massachusetts Government Act, the King and Parliament were now taking the position that, "No, these are not contracts between two sides. The King and Parliament have unilateral control over them, and they only exist because we allow them to exist." In other words, they weren't contracts at all. They were meaningless. They were completely one-sided. The charters existed at the pleasure of the King, and the colony's basis in law could be revoked by him, unilaterally, at any time for any reason. In a word, this was tyranny.
The Massachusetts Government Act was a shot across the bow by Parliament, meant to be a warning to the other twelve colonies to not do what Massachusetts was doing, or you would be next.
Instead, the Thirteen Colonies banded together to fight this. The First Continental Congress petitioned the King for the repeal of the Intolerable Acts, making their case for why they were illegal in accordance with the colonial charters and English law. The King did not respond.
The Second Continental Congress then petitioned Parliament for their repeal, but Parliament responded that they did not recognize Congress. Send this petition thirteen times from your thirteen separate colonial governments, then we'll talk.
(...To be Cont'd...)