^ntireto iQi^cf arlanJj SDabijef The Confiscation of John Chandler's Estate. With a Portrait. 8vo, ^3.00, 7iet. Postage extra. Tracts Relating to the Currency of Massachusetts Bay, 1682- 1720. Illustrated. 8vo, ^4.00, net. Post- paid, 54.21. HOUGHTON, MIFFLIN & COMPANY BOSTON AND NEW YORK THE CONFISCATION OF JOHN CHANDLER'S ESTATE J.^/^^Si^ jCQ^^. THE CONFISCATION OF JOHN CHANDLER'S ESTATE BY ANDKEW McFARLAND DAVIS BOSTON AND NEW YORK HOUGHTON, MIFFLIN AND COMPANY ^ht fMtet^iiit pxz0y ^Cambridge 1903 Published May, igoj ioi s(^ CONTENTS CHAPTER PiOB I. IXTRODUCTORY 1 II. John Chandler, Loyalist 6 III. Legislation 25 IV. The Value of the Estate 60 V. The Papers of the Probate Files analyzed . . 71 VI. The Court Records and the Archives .... 96 VII. The London Transcripts 104 APPENDIX A. Papers on File in the Probate Court of Worces- ter County in the Case of John Chandler . 119 B. Records of the Cases of The State vs. Chan- dler IN the Inferiour Court of Common Pleas 187 C. Papers in the Massachusetts Archives relating TO the Case of John Chandler 204 D. Official Documents in the Public Record Office OF England relating to John Chandler's Claims for Temporary Support and Compensation for Losses sustained 213 CALENDAR OF PAPERS RELATING TO THE ES- TATE OF JOHN CHANDLER, AN ABSENTEE. WORCESTER PROBATE FILES. 1. Certificate of the Committee of Correspondence, etc., of the town of Worcester that John Chandler and others are absentees April 18, 1777 2. Bond of Joseph Allen, Agent, £2000, sureties Benjamin Conklin and Benjamin Greene May 7, 1777 3. Warrant appointing Samuel Curtis, Nathan Perry, and Samuel Miller of Worcester appraisers of property left by Chandler May 7, 1777 Return of appraisers January 1, 1779 Oath of Office January 2, 1778 [1779?] 4. Warrant appointing John Cutting, David Scott, and Enoch Shephard appraisers of estate in Hampshire County May 20, 1778 Oath of Office, John Kirkland August 6, 1778 Oath of Office, David Scott and Enoch Shephard September 22, 1778 5. Warrant appointing David Wilder, Timothy Boutell, and John Richardson, of Leominster, appraisers October 6, 1778 Oath of Office October 8, 1778 Return of appraisers October 8, 1778 6. Warrant appointing John Fry, Esq., Henry Bond, and Pel- atiah Metcalf of Royalston appraisers October 6, 1778 Oath of Office October 23, 1778 7. Petition of Mary Chandler November 20, 1778 8. Return of Royalston appraisers November 28, 1778 9. Return of Hampshire County appraisers December 3, 1778 Additional return December, 1778 viii CALENDAR OF PAPERS 10. Inventory of the real estate [1779] ? 11. Inventory of the personal estate April 7, 1777 Inventory of the real estate January 9, 1779 Oath of Agent March 17, 1779 12. Second petition of Mary Chandler March 17, 1779 13. Account of Joseph Allen, Agent, April 29, 1779 Jurat May 4, 1779 Order of Court May 4, 1779 14. Warrant appointing Samuel Curtis, Esq., Nathan Perry, and Samuel Brown Commissioners to examine claims September 1, 1779 Oath of Office May, 1782 15. Warrant appointing Benjamin Flagg, Esq., Nathan Perry, Gentleman, and Samuel Miller, yeoman. Commissioners to set ofe the wife's third part October 12, 1779 Oath of Office December 6, 1779 16. Report of the Commissioners to set off one third December 6, 1779 Decree of Court February 8, 1780 17. Account current of Joseph Allen, Agent, Oath of Office and allowance by Court May 2, 1780 18. Report of Commissioners to examine claims ( December 25, 1781 ( January 1, 1782 Order of Court accepting and allowing same May 7, 1782 19. Certificate of claim of John Erving May 20, 1782 20. Certificate of claim of Edmund Hood May 20, 1782 21. Bond of Indemnity, Benjamin Greene and others May 20, 1782 22. Re-appointment of Commissioners to examine claims January 10, 1783 23. Warrant appointing Samuel Salisbury, John Nazro, and Elijah Dix Commissioners to examine claims February 6, 1783 24. Warrant appointing Daniel Waldo, John Nazro, and Elijah Dix Commissioners to examine claims February 20, 1783 CALENDAR OF PAPERS ix Return of Commissioners May 20, 1783 Oath of Office June 3, 1783 Allowance by Court October 7, 1783 25. Bond of Indemnity, George Bethune et als. March 1, 1783 26. Decree of Court allowing return of Commissioners October 7, 1783 27. Account of Joseph Allen, Agent [February, 1784] Blank form of jurat and order of allowance by Court February 3, 1784 28. Receipt for Certificate of Claim April 14, 1785 29. Certified copy of resolve of Legislature authorizing appoint- ment of Commissioners to examine claim of Thaddeus and WiUiam Maccarty June 15, 1785 30. Warrant appointing Daniel Waldo, Elijah Dix, and John Nazro Commissioners to examine Maccarty claims June 1, 1787 Oath of Office July 9, 1787 Return July 10, 1787 TRANSCRIPT OF THE COURT RECORDS AT WORCESTER. Judgments entered in two cases under the Confiscation Act December 12, 1780 31. State vs. Chandler. Proceedings instituted by Levi Lincoln, appointed for that purpose by the Attorney-General, against John Chan- dler, for the confiscation of the Royalston property. 32. State vs. Chandler. Proceedings instituted by Levi Lincoln, appointed for that purpose by the Attorney-General, against John Chandler for the confiscation of certain property in and about Worcester. MASSACHUSETTS ARCHIVES. 33. Certificate of the Committee of Correspondence, Safety, and Inspection of Murrayfield as to real and personal estate of Chandler in that town May 26, 1777 z CALENDAR OF PAPERS 34. Certificate of Judge of Probate as to Report of Commis- sioners to examine claims against the estate May 8, 1782 35. Certificate of Judge of Probate to claim of George Bethone May 20, 1782 36. Extract from Certificate of Register of Probate as to names of Agents June 8, 1782 37. Certificate of Judge of Probate as to report of Commis- sioners to examine claims against the estate October 7, 1783 38. Statement of Account of Committee for the Sale of Absen- tees' Estates in Worcester County April 20, 1784 (?) 39. Receipt of Gad Peirce no date 40. Memorandum of Expenses on real estate purchased by Levi Lincoln, etc. no date 41. Bill of Probate Office June 10, 1784 42. Report of Secretary as to Warrants drawn on Chandler's Estate. LONDON TRANSCRIPTS. 43. Petition to Lord Germaine for " present support " September 2, 1776 44. Petition to Lords Commissioners of Treasury for increase February 17, 1779 45. Certificate of Robert Auchmuty October 29, 1782 46. Certificate of Thomas Flucker November 4, 1782 47. Certificate of Thomas Gage January 28, 1779 48. Certificate of Thomas Hutchinson January 28, 1779 49. Certificate of Thomas Oliver January 30, 1779 50. Certificate of Robert Auchmuty February 17, 1779 51. Minute of proceedings of Board and decision 52. Memorial to Commissioners praying for compensation February 9, 1784 53. Schedule of Chandler's property annexed to Memorial February 9, 1784 54. Supplemental Schedule March 15, 1784 CALENDAR OF PAPERS xi 55. Affidavit of James Putnam to loyalty and losses August 14, 1784 56. Affidavit of Joshua Upham to loyalty and losses August 17, 1784 57. Affidavit of Abijah Willard to loyalty and losses July 19, 1784 58. Affidavit of Ebenezer Cutler to loyalty and losses August 18, 1784 59. Affidavit of Daniel Murray to loyalty and losses August 17, 1784 60. Certified copy of the Worcester Protest June 24, 1774 61. Certificate of Gov. Hancock as to certain County Officers October 23, 1783 62. Certified copy of writ of Habere facias possessionem (Royal- ston property). Date of writ January 24, 1781 63. Certified copy of Judgment Record, Hampshire County, Confiscation suit, entered August, 1781 64. Certified copy of Writ of Habere facias possessionem (Worcester property) January 24, 1781 65. Appointment of Worcester appraisers May 7, 1777 66. Inventory of Personal and Real Estate about Worcester 67. Appointment of Leominster appraisers, October 6, and their return October 8, 1778 68. Appointment of Royalston appraisers, October 6, and their return November 28, 1778 69. Appointment of Hampshire County appraisers May 20, 1778 70. Return of Hampshire County appraisers December 3, 1778 71. Oath of Agent March 17, 1779 72. Certificate of Register of Probate October 21, 1783 73. Certified copy of the Judgment Record in the Royalston Confiscation suit December, 1780 74. Certified copy of the Judgment Record in the Worcester Confiscation suit December, 1780 75. Transcriber's note as to three duplicates xii CALENDAR OF PAPERS 76. Certificate of the Proprietor's Clerk of Murray field as to Chandler's Interest October 29, 1783 77. Certificate of Register of Deeds, Hampshire County, as to Chandler's conveyances October 31, 1783 78. Certificate of Register of Deeds, Hampshire County, as to conveyances to Chandler October 31, 1783 79. Certificate of the sale, by the Committee, of the Worcester County estate November 4, 1783 80. Letter from Chandler, enclosing Certificate showing sale of Rqyalston estate October 11, 1785 81. Certificate of Governor Bowdoin as to member of Com- mittee June 9, 1785 82. Certificate of Committee as to sale of Royalston estate June 18, 1785 83. Certified copy of Report of Committee to set off dower February 8, 1780 84. Letter from Chandler asking if further evidence is required November 10, 1785 85. Letter from Chandler enclosing certificates as to sale of his property February 28, 1786 86. Certificate of Governor Bowdoin as to members of Com- mittee January 3, 1786 87. Certificate of Committee as to sale of Worcester County property December 27, 1785 88. Certificate of Committee as to sale of Hampshire County estate November, 1783 89. Duplicate of 88 November 3, 1783 90. Memorial of Chandler praying for continuance of his allow- ance during absence from Great Britain May 1, 1787 91. Letter from Chandler as to claims against his estate August 30, 1788 92. Affidavit of Chandler as to claims against his estate August 30, 1788 93. Certified copy of the warrants drawn, claims allowed, and proceeds of sale of Chandler's estate 94. Detailed statement as to claims against the estate 95. Chandler's review of the detailed statement CALENDAR OF PAPERS xiii 96. Duplicate of letter of August 30, and enclosure. En- dorsed November 6, 1788 97. Extract from Anstey's Report 98. Extract from Alphabetical list October 31, 1787 99. Certified copy of Account current with Chandler's estate October 31, 1786 100. Extracts from volume 83, Audit Office, Loyalist series 101. Final report of Commissioners THE CONFISCATION OF JOHN CHANDLER'S ESTATE CHAPTER I INTRODUCTORY At the October meeting of the American Anti- quarian Society, 1900, a letter, written in 1828 by Mrs. Lucretia (Chandler) Bancroft to one of her daughters, was communicated. This letter was to a certain extent autobiographical, and its special inter- est lay in the picture which it furnished of the sud- den change in the fortunes of the Chandler family caused by the outbreak of the Revolution. In its pages we catch sight of the flight of the father, Colonel John Chandler of Worcester, who was a loyalist ; we note the effects upon his family of the seizure of his property ; and we cannot fail to per- ceive the responsibilities and sufferings entailed upon the children through their changed circumstances. The evident grief of the writer of the letter at the separation from her father, whose name is asso- ciated in her mind with reminiscences of domestic happiness in their old home, and is ever mentioned by her with tender regard and affectionate respect, 2 THE CHANDLER CONFISCATION must arouse the sympatliy of even the most casual reader. In a paper which was read before the Society at the same meeting, Hon. Horace Davis of San Francisco described the members of the family referred to in the letter, and set forth at some length the genealogy of the Chandler family and their connection, through the various offices which they had held, with the history and progress of Worces- ter County. A paper was communicated at the same time by myself, which was entitled " Historical Notes on the Letter," — the purpose of which was to add certain biographical facts concerning the writer of the letter, and also such information as I could obtain concerning the sequestration of the estate. The wealth of illustrative material bearing upon the seizure of the property which was disclosed by an examination of the probate files of Worcester County led to the incorporation in the paper of an account of some of the more important of these documents, and an analysis of the laws under which the proceed- ings were taken. The Hmitations imposed upon a communication at a meeting of this sort necessarily prevented more extended work in this direction, and lack of space in the pages of the published proceed- ings precluded the idea of furnishing copies of the original papers. Moreover, it was known that there were many documents in London bearing upon the case, from which additional information could un- doubtedly be obtained, so that the publication then INTRODUCTORY 3 of the material at hand would have resulted in a work avowedly incomplete. Copies of these London documents were subse- quently forwarded to the American Antiquarian Society by the late Benjamin F. Stevens, and through these, in connection with the documents on file in Worcester, the opportunity is now afforded to trace the history of the various proceedings against the Chandler estate, and simultaneously to identify with reasonable certainty the several resolves or acts under authority of which the different steps were taken. The documentary evidence bearing upon the seizure and confiscation of the estates of loyal- ists which has been preserved in Massachusetts is so full that it is quite possible there may be other cases in which the accessible papers would furnish equally vivid object-lessons of the application of this legislation, and in which an examination of the resolves furnishing authority for the official action would as well bring out the various features which the historian might consider of importance. One of the most interesting points suggested by an analysis of this legislation is the contest between those lawmakers who at the outset would have thrown off all restraint, and those more conservative, who so shaped the earHer legislation of this sort that in its phraseology, at least, it would have been justifiable in case of a reconciliation with Great Britain. It is possible, indeed, that the case of some refugee nearer Boston would, by its closer touch with the circumstances which led to some of this 4 THE CHANDLER CONFISCATION early legislation, bring forth with greater force the phase last alluded to, but it is not Hkely that any case will better illustrate the various points involved in the general legislation on the subject. It was doubtless true that so long as the legisla- tive body styled itself a Provincial Congress, it still regarded the local government as subordinate to Great Britain. Nor did the change in name to a Colonial Assembly carry with it any idea of separa- tion from the Crown. Caution was therefore natu- ral in the legislation of the provincial and of the colonial periods, and it is not surprising to find that in many of the resolves ordering the seizure of the property of loyalists, there is an underlying idea of a possible future accounting. Why this state of mind should have survived after the abandonment of the colonial theory, even though the State for a time did not adopt a constitution, is not clear, yet it was not until 1779 that the Confiscation Act was passed, although the seizure and sale of the per- sonal property and the appropriation of the rents derivable from the real estate were in the mean time accomplished through various resolves, which were ultimately superseded by an act which was euphe- mistically entitled " An Act to prevent the waste, destruction, and embezzlement of the goods or estates of such persons who have left the same and fled to our enemies for protection ; and also for payment of their just debts out of their estates." The first of the papers connected with the Chan- dler case is dated April 18, 1777, but references in INTRODUCTORY 5 subsequent papers to anterior events show that before the passage of the act to prevent the waste, destruction, and embezzlement of the goods or estates of refugees, the property of Chandler in Worcester had been seized by the committee of correspondence. Thus we have proceedings inaugurated under authority conferred by the resolves passed prior to this act, and as we examine the papers in their chronological arrangement, we find steps taken which illustrate not only every section of the act, but also the amendments to it, until finally we reach the pro- ceedings under the Confiscation Act and the sale of the real estate. There can be but httle doubt that a review of these proceedings, accompanied by copies of the original papers, will be of value to historical stu- dents. Some interest will naturally be excited in the fate of the victim of these proceedings who, driven from Worcester by the ill usage of his fellow towns- men and prohibited by legislation from returning to his former home, died a lonely exile in London. Although but little is known of his career after he went to London, we can learn something about him, and such information as is at hand will be found in the next chapter. CHAPTER II JOHN CHANDLER, LOYALIST The branch of the Chandler family to which belonged the refugee whose fortunes we are follow- ing settled in Woodstock, then a part of Massachu- setts. There were four Johns in succession, and it was through the energy of the first of them that the family fortunes began to rise. The progenitor, William Chandler of Roxbury, seems to have been incapable of taking care of himself. It was under his son John that the move to Woodstock was made, and it was due to his thrift that the second John had a fair start in life. In the paper communicated to the American Anti- quarian Society, which has already been referred to, Hon. Horace Davis says of the latter : " He accumu- lated a comfortable property ; he represented Wood" stock in the General Court, and served in the Indian Wars with some distmction as Major and Colonel. When Worcester County was formed in 1731, he was made Probate Judge and Chief Justice of the Court of Common Pleas, and he was for seven years a member of the Governor's Council." Of his personality we have but a shadowy outHne, but chance has preserved for us an address made by JOHN CHANDLER, LOYALIST 7 him to the Grand Jury on the 5th of February, 1734, at the first court of general sessions held in the first court house built by the county of Worcester. An account of the proceedings on that occasion is given in the " Weekly Rehearsal " of February 18. The speaker, whose identity with Hon. John Chandler of Woodstock was established by Rev. Dr. Bancroft,^ was evidently a man of some cultivation. He ap- proaches the subject of the dedication of the build- ing in an apologetic tone, as if he feared that his participation in the affair might be construed into an approval of " the superstitious custom used by many in the world, of dedicating or consecrating to saints or angels, places built for public use and service." His opinion was that they should dedi- cate themselves to the service of God. He praised the new court house, which, he says, exceeds " so many others in the Province built for the like ser- vice, in the capaciousness, regularity, and workman- ship thereof." He quotes from the Old Testament, asking the gentlemen of the jury wherein they " can be better instructed than in the charge given by Moses, at the command of God, to the officers of the tribes of Israel," and he winds up his charge to the jury with a stated approval of their past con- duct, which, however, he cautiously qualifies with the limitation, " as far as I have observed." This brief speech enables us to get a much clearer conception of the man than is to be derived from ^ See sermon delivered January 6, 1811, published in Worcester, 1811, note a. 8 THE CHANDLER CONFISCATION the mere rehearsal of the offices that he held, or from any narrative of his life which can be con- structed from the events known to us in connection therewith. With reference to the career of the third John, Mr. Davis says that he " moved to Worcester, where he held pretty much every office in the County. He was Selectman, Town Treasurer, County Treasurer, Sheriff, Register of Probate, Register of Deeds, Probate Judge, Chief Justice of County Courts, Representative to the General Court, Colonel in the Militia, and a member of the Governor's Council. He was also appointed by Governor Shirley, in 1754, a delegate to the proposed congress designed to concert measures for the union of the British Ameri- can Colonies. He died in 1762, wealthy and full of honors. In him the family reached its zenith." In further evidence of the prominent position which he occupied in public affairs, it may be men- tioned that he was one of the three commissioners named by the assembly in the " Act for the more speedy finishing of the Land Bank or Manufactory Scheme," which act was passed by the General Court, January 15, 1742-43. This office he ac- cepted, but the labor connected with it was found to be much more irksome than was anticipated, and the performance of the duties was practically incompatible with a residence in Worcester. He therefore resigned very soon after the organization of the commission. He also held for a number of years the office of Clerk of Courts for Worcester County. JOHN CHANDLER, LOYALIST 9 His son John, the fourth of that name, was the refugee. He was born February 26, 1720-21. To quote again from the paper of Hon. Horace Davis, " He was Selectman, Town Treasurer, Town Clerk, County Treasurer, Sheriff, Judge of Probate, and Representative to the General Court. He was also Colonel of the Worcester Regiment, and in 1757 saw active duty in that capacity." " Up to 1774," adds Mr. Davis, " Chandler's life had been one of almost unbroken prosperity, but when the storm of rebellion against England broke out, his loyalist sentiments brought him into angry opposition to popular feehng, and he was com- pelled to leave home and family and retire to Boston. When Boston fell into the hands of the Continental Army, he fled to Halifax, and thence to London, where he spent the rest of his Hf e, twenty-four years. This experience gave him in Worcester the nick- name of * Tory John,' while in England he was called the ' Honest Refugee,' because of the mod- esty of his claims against the British Government for losses sustained by reason of his loyalty." In addition to the of&ces above enumerated. Colonel Chandler was for many years a member of His Majesty's Council, and held at the time of the out- break a commission in the Court of General Sessions of the Peace. In the fall of 1774, when the bitterness of feeling engendered by the political contest then going on between the tories and those who subsequently were denominated the " patriots " became so strong that 10 THE CHANDLER CONFISCATION discussion was abandoned and threats against, and sometimes personal violence upon, the weaker party were substituted, John Chandler was living in com- fort in his spacious homestead in Worcester. Up to that time his life had been not only uniformly pros- perous, but entirely free from serious trouble. From his father he must have inherited considerable pro- perty. The various offices which he held furnished revenue, and in addition, he was interested in a store, the profits of which increased his income. He owned several farms in the immediate vicinity of Worcester, all of which, under the circumstances of life then existing in Worcester County, were easily to be rented. One of these farms he retained for his own use, and from it he could readily supply his household with a large part of the food necessary in an establishment conducted upon so generous a scale. His daughter says in the letter communicated to the American Antiquarian Society that he dis- tributed his bounties among those of his fellow citi- zens who needed help, including, indeed, among the beneficiaries some of those who afterwards joined in making life in Worcester impossible for him. There can be but little doubt that if he had died before the crisis came, he would have left behind him the reputation of an honored citizen who was well be- loved by his friends and neighbors. From the letter referred to above, we learn that there were about fifteen beds to be made up each day in the Chandler household. In a petition pre- sented by Chandler to the Lords Commissioners of JOHN CHANDLER, LOYALIST 11 the Treasury, the statement is made that the peti- tioner left behind him sixteen children. The oldest of the sixteen was then a man upwards of thirty years of age, and while it is clear that most of the children were then living at the old home, it is not probable that all of them were. Be that as it may, the household was evidently a large one, and though it is quite certain that in a New England country home the younger members of the household would have been called upon to assist in taking care of the house, still so large a family required servants. The actual staff is stated in the letter to have been a good cook, a second woman for chamber work, a gii'l to tend the youngest child, and a black girl trained to table service and household work. The house was liberally furnished, as is evident from the inventory made at the time of the appraisal of the personal property, even though the plate, the linen, and the library, previously concealed, do not appear in it.^ Mrs. Chandler had lawns and laces, and a special woman to care for them and for the Hnen. These facts, gathered from the letter, furnish us with an idea of the character of the home to which the father of the family was accustomed to come each day to his midday meal, and to which he re- turned every afternoon at the close of his labors. We can also from the same source obtain a glimpse of the household life, and can see the colonel, as he ^ These things were undoubtedly sent to Boston. Sabine says in his Loyalists that Colonel Chandler derived his means of support while in Boston from the sale of the silver. 12 THE CHANDLER CONFISCATION was generally styled, seated by the fireside smoking his pipe and caressing his little daughter. His daily after-dinner glass of wine recalls the customs of the times, and hints at the possibility of more copious indulgence when the hospitable dinner-table was sur- rounded by guests. From various sources we have evidence of the affectionate and confiding nature of the ties which bound the family together, and of the tender relations which existed between the refugee himself and his wife. Such was the home which fidelity to political principles compelled Chandler to abandon, and such were the happy circumstances of life from which he was obhged to tear himself, unless he would give adhesion to the new ideas promulgated by a party with which he had no sympathy. It was natural that he should be a loyaHst. It was inevitable that, as the time of actual outbreak approached and party lines were drawn tighter and tighter, the patriots should entertain towards him some of the feelings of abhorrence with which tories were then regarded. The decline of his popularity with his fellow citizens could not, under these circumstances, have been avoided. In his case, however, matters were brought to a crisis by two acts committed by him, which aroused the indignation of his fellow townsmen of the revolutionary party, and in the end brought humiliation upon him and upon all who were asso- ciated with him in the commission of these acts. The first of these was the signing of an address to Governor Gage ; the second, the signing of the JOHN (.rLANDLER, LOYALIST 13 famous protest by the Worcester tories against the proceedings of their fellow citizens of the patriot party, and especially against the acts of the Worces- ter committee of correspondence. There was no reason for him to suspect the im- portant results which would follow from his joining in the address to Gage, but the signing of the pro- test carried with it inevitably the consequence that it would irritate and annoy a preponderant majority of his fellow townsmen, already greatly excited and in a turbulent mood. Lincoln characterizes this protest as " one of the boldest and most indignant remonstrances of the friends of royal government among the productions of the times." ^ Clark Chandler, a son of Colonel Chandler, the town clerk, who enrolled it upon the records, was compelled publicly to expunge it, and was pubHcly admonished for recording it. Not content with this, the revolutionary party brought the matter before "The Committees of Correspondence and delegates of the several towns met in Convention," and it was " Voted : That three persons be chosen a commit- tee to acquaint John Chandler, Esq. and the other protesters, that they must follow after the judges through the ranges [ranks ? ] of the body of the people ; and that they go immediately after the judges and read their recantations." ^ Lincoln describes the enforcement of this extraor- dinary punishment in the following words : " The ^ This protest is to be found among the London transcripts, post. * Journals Prov. Cong, and Com. of Safety, etc., pp. 635, 636. 14 THE CHANDLER CONVISCATION signers of the protest had been informed by the committee of correspondence that apology for their opposition would be required from them. Forty- three of them had met the evening previous * to this visitation at the King's Arms Tavern, and having subscribed an acknowledgment of error and repent- ance and received an instrument purporting to restore them to favor, and insuring protection, they had mixed in the crowd, unsuspicious of any insult. Those who appeared were collected by the revolu- tionary magistrates, and on the arrival of Mr. Paine, were escorted through the ranks, halting at every few paces to hsten to the reading of their several confessions of political transgression. Having thus passed in review and suffered some wanton outrage of feeling, in addition to the humiliation of the procession, they were dismissed." The same convention which had decreed this de- grading ceremonial as a punishment for the expres- sion, in dignified phrase, of a set of political opin- ions, also voted, on the following day, to accept the acknowledgment made by six citizens, of whom John Chandler was one, " for aspersing the people of this county, in a late address to Governor Gage." They also voted : " That the Justices who addressed Gov- ernor Gage at the last session of the Court be brought before the convention and make and sign a declara- tion in writing, of the inadvertence of their proceed- ings." The record then goes on, " Which is done, and the declaration is as follows : — 1 August 21, 1774. JOHN CHANDLER, LOYALIST 15 " Whereas the Committee in Convention have expressed their uneasiness to a number of the justices of the common pleas and general sessions, now present in the Convention, who, in an address to Governor Gage, at their session in June last, as- persed the people of this County ; these justices, in the presence of the Convention frankly declare, that they precipitately entered into the measure ; they are sorry for it ; and they disclaim any intention to injure the character of any ; and were the same measure again proposed, they would reject it." John Chandler was, under compulsion, one of the signers of this document.^ Lincoln, speaking of the situation of the royahsts at that time, says : " Most of the protesters had been induced to make a submission. Some who refused were waylaid and cruelly beaten. A few remained obstinate and finally retired into exile. Others, un- able to separate themselves from their friends and country and to sacrifice all they held dear, were persecuted into compliance with the public will, and at length purchased safety for person and property by sohciting forgiveness in terms more humiliating in proportion to the time it was deferred." ^ The condition of afPairs portrayed in the events which have just been described brought vividly be- fore Chandler the impossibility of his remaining vdth safety longer in Worcester. His daughter puts it that he was not willing to live in altercation with those around him, but this is hardly strong enough to cover the situation. An officeholder and the son of an officeholder, who had been bred with the * Journals Prov. Cong., etc., p. 638. '^ Lincoln's History of Worcester, Hersey's reprint, p. 90. 16 THE CHANDLER CONFISCATION belief that loyalty was a duty, he could not perma- nently sacrifice his opinions, even though, to escape violence at the hands of a mob, he had purchased temporary safety by signing a recantation. He, therefore, in the fall of 1774, sought protection in Boston, where he remained upwards of sixteen months. While there he was enrolled in a company of loyalists, and cheerfully did military duty in de- fence of the town. When Boston was evacuated, he accompanied the British troops to Hahfax. In July, 1776, he went to England, and from that time down to November, 1786, he remained uninterruptedly in London. During this interval the possibility of his ever being permitted to return to his family was removed by the passage in October, 1778, of the "Act to prevent the return to this state of cer- tain persons therein named," etc. John Chandler and Rufus Chandler, his son, were therein named. If they should return in spite of the act, sheriffs, committees of correspondence, grand jurors, consta- bles, tithingmen, and other inhabitants of the town to which they might come were empowered and directed to apprehend them and take them before a justice of the peace, who in turn was directed to put them in jail until they could be deported. If they should venture to return a second time, the penalty was death. Colonel Chandler was accompanied in his exile by his son, Rufus. In 1784, he wrote to his daughter, Lucretia, " Your brother Rufus lives in my neigh- borhood. We dine together every day. It is a JOHN CHANDLER, LOYALIST 17 comfort to me." This letter is full of tender grief for his lost wife, whose death had taken place about six months before, and of gratitude to his sons for their care of his daughters. It closes with a para- graph which will bear the interpretation that, not- withstanding the " Act to prevent the return," etc., he still had a faint hope that he might be permitted some day to rejoin his family. " I long," he says, " for the happy day when I may see all my dear children, but whether I am to be so happy, time must determine. Pray God bless, keep, and preserve you. My love to all my near and dear connections." On the 25th of July, 1786, he received permission from the commissioners for inquiring into losses by American loyaHsts to receive for a period of twelve months his allowance for temporary support, during absence from Great Britain. Fortified with this assurance that his only means of livelihood would not be jeopardized by the step, he went to Nova Scotia, where he arrived in November, 1786. The permit to receive the allowance while absent from Great Britain was for twelve months only. In May, 1787, being then in Halifax, he petitioned for an extension of the permit for another twelve months. In this petition he states, " That being an old man, aged more than sixty-six years, he did not leave England with any intention of doing business, and wishes to remain in Nova Scotia only for the purpose of being with his children, having two sons in that province and a daughter married to a Mr. Putnam of New Brunswick." ^ ^ The petition is among the London transcripts, post. 18 THE CHANDLER CONFISCATION His son Rufus accompanied him on this trans- atlantic trip. The dependent condition of the father and son being distasteful to them, they went to Halifax, expecting that Rufus would be able to open a lawyer's office and earn a living. By this time (May, 1787) they had made up their minds that this was impracticable, and were about to start for An- napolis to see what chance there was in that place.^ A letter from Colonel Chandler dated Annapolis Royal, August 30, 1788, a copy of which is given hereafter among the London transcripts, shows that if they went to Annapolis when they expected to, they stayed there upwards of fifteen months. Shortly after this they must have returned to London, as the extension of the permit to receive the allowance during absence from Great Britain, which was granted upon petition, was Hmited to the 10th of October, 1788. Colonel, or as he was sonjetimes called Judge, Chandler died in London, September 26, 1800, and was buried at Ishngton. His death called forth the following obituary in the " Gentleman's Magazine " for October, 1800 : " In Edgeware-road, John Chan- dler, Esq., an American loyalist, who from his attachment to the good order and peace of society, and affection to the British Constitution, left his country, a numerous family, and affluent estate, and took refuge in Great Britain. Fully convinced of the truth and propriety of an observation of an antient writer : * Fear thou the Lord and the King, 1 Letter of Rufus, N. E. Hist, and Gen. Reg., vol. xsiv. p. 247. JOHN CHANDLER, LOYALIST 19 and meddle not with them that are given to change/ he exemplified it by a pious and loyal, a peaceful and inoffensive conduct; and died, at eighty, an honest man, a good member of society, and a pious Christian." Peter Whitney, when he published his " History of the County of Worcester" in 1793, was too close to the Revolution to say anything in favor of Tory John, who was still alive, but he thus speaks of the family : — " The Town of Worcester in particular and the County of Worcester at large were originally greatly indebted to the Hon. John Chandler, Esq. of Wood- stock, the first judge in the County, and his son, the first Col. John Chandler of Worcester, who, in pro- cess of time succeeded his father in all his offices, titles and honors, for their address, activity and en- terprise. And their names ought to be held in grateful remembrance." Just prior to the appointment in London of com- missioners to investigate the claims of American loyalists, the Board of Treasury made an independ- ent investigation. In their decision of Chandler's case they say : " This gentleman was in a most re- spectable situation in life and has been spoken well of, by every one who has spoken of him at all." ^ 1 This opinion was based upon the certificates to character and losses filed with the Board. They were furnished by ten well-known men, among whom were Governor Hutchinson, General Gage, Thomas Flucker, at one time secretary of the Province, Thomas Oliver, and Robert Auchmuty. The certificates of these gentlemen, with others, are to be found in the London transcripts, post. 20 THE CHANDLER CONFISCATION Joseph Willard, in his address before the members of the bar in 1829, speaks of the distinguished fam- ily of the name of Chandler " who had had extensive and almost unbounded sway in the County, ab primo origine." William Lincoln, in his " History of Worcester," says of John Chandler : " He was cheerful in tem- perament, engaging in manner, hospitable as a citizen, friendly and kind as a neighbor, industrious and enterprising as a merchant, and successful as a man of business." Jonathan Peele Dabney, in the " Christian Exam- iner," in July, 1847, said : " The Hon. John Chan- dler of Worcester, whose sons and daughters were as numerous as those of his royal master, and with whose family every other leading family of the region was proud to entwine itself by marriage alli- ance, sleeps far away from the town and shire of whose honors he had almost the monopoly, and the very name had there died out, as we learn from Lincoln, a full generation ago." Lorenzo Sabine, in his " Loyalists," says : " The late President Dwight spoke of Colonel Chandler and his family as distinguished for talents and virtue." ^ The American Antiquarian Society possesses a portrait of Colonel Chandler. A steel engraving of this portrait was prepared for Dr. Chandler's family genealogy, and the same plate was used for the illustration of Hersey's reprint of Lincoln's " His- 1 Sabine's Loyalists, vol. i. p. 303. JOHN CHANDLER, LOYALIST 21 tory of Worcester." The engraving bears the date of 1764, and gives Chandler's age as fifty-three. Without stopping to analyze these figures, I assumed in my paper before the American Antiquarian So- ciety at the October meeting, 1900, that they were correct, and said that although the portrait depicted a man whose career theretofore had been absolutely free from care, and whose relations with his family were shown by the repeated references in his daugh- ter's letter to the affectionate manner in which he treated her, still the impression derived as to the state of mind of the subject from the contemplation of the portrait was that of sadness. To this I added, " If the picture had been painted a few years later, one could understand this, for the time came when his loyalty to the government converted this wealthy officeholder into a proscribed fugitive, whose right to tread Massachusetts soil was by special legislation denied him, while his wife, if she would avail herself of the dower rights set out from his property for her support, was compelled to remain within the limits of the United States." I have since been informed by my brother, Hon. J. C. Bancroft Davis, that the picture was painted in London. This of course fully accounts for the sad expression which it bears. An examination of the inscription on Dr. Chandler's engraving shows that there is an error of ten years either in the date or the age. Judge Chandler was born in February, 1720-21, and his fifty-fourth year would have fallen in 1774, a year full of troubles and not a time for portrait painting. 22 THE CHANDLER CONFISCATION We have followed the course of the exile to the end. A word remains to be said concerning the fortunes of the family. For a little over two years it would seem that they were left in possession of the estate. Then the personal property was seized, and possession was taken of the real estate in the vicinity of Worcester by the local committee of correspondence and inspection. A portion of the household goods was assigned to the use of the family, and the remainder was sold at auction. How galling to them this was may be inferred from the comments in the letter of Mrs. Bancroft, where, speaking of her mother being present at the sale, she says : " While her furniture was sold in her own house, and the very chair on which she sat bid off from her purchase. She bore it well, and never put herself down by losing her dignity." In the ulti- mate division of the property, enough real estate, including the homestead, to make up one third of the total appraised value of the estate was assigned to Mrs. Chandler for use during her hfe, provided she remained within the United States. While this was suf&cient to protect the family from want as long as she should live, their entire relations to life were changed. In place of luxury and ease, they now had to work and to economize to make both ends meet. The death of Mrs. Chandler raised a new set of questions. All rights of the family in the real pro- perty ceased with that event. This was partially rectified by special legislation, through which the JOHN CHANDLER, LOYALIST 23 children remaining at home were put in possession of a part of the property, the details concerning which are given further on. The social prestige of the family, which is alluded to in some of the notices which have been quoted, was doubtless due in part to the wealth accumulated during successive generations of peaceful prosperity. Stripped of that wealth, the posterity of the refugee no longer held claim for social position on that ground. Yet it cannot be said that Chandler's descendants have, for that reason, failed in their hold upon the esteem of their fellow citizens. The daughter whose letter has called forth this investi- gation married Aaron Bancroft, a clergyman, who became a recognized leader in the Unitarian de- nomination, and was president of the American Unitarian Association from 1825 to 1836. He wrote a life of Washington which has gone through several editions and has been quite recently repub- lished. In the next generation, George Bancroft the historian is to be found, who filled many pubhc offices with great distinction, but whose name is better known through his literary work as the au- thor of the " History of the United States." Two of the granddaughters of the refugee were married to men, both of whom were members of Congress and governors of Massachusetts, one being in addi- tion a United States Senator. The male descendants of the next generation furnish the names of sev- eral who achieved distinction in public life, and 24 THE CHANDLER CONFISCATION others who acquired renown in the army and in the navy. The fourth generation from the refugee has contributed to the pubhc life of the country, but most of this generation are still too young to have made their mark. The fifth is represented in this world, but its history is as yet unwritten. It is indeed true that the voice of the sixth generation has been heard by a privileged few. CHAPTER III LEGISLATION An examination of the several resolves passed by the committee of safety and the provincial congress in Massachusetts, and later the resolves and statutes passed by the " assembly of the colony," will reveal the fact that there was some authority to be derived therefrom for nearly every outrage committed upon the property of the loyahsts in the name of the committees of the several towns. No such legislation exists, however, under cover of which assaults upon the person could be justified. The great dramatist represents the brawlers in the streets of Verona, even while carrying out the traditions of the houses to which they belonged, as discussing whether they had the law on their side before they would take their chances of injuring their opponents in a street fight. Not so the patriots. However scrupulous they might be in seeking the protection of the law before invad- ing property rights, they did not hesitate to maltreat offending tories in a lawless and scandalous manner. If acts of this sort were perpetrated by members of committees, they were subsequently brought under the segis of the law. Any member of any of the committees of correspondence, etc., at any time prior 26 THE CHANDLER CONFISCATION to the Declaration of Independence, who made any mistake in the seizure of property, or in apprehend- ing or confining any person, was, by a law passed for that purpose, screened from suits for damage.^ The resolves and the statutes of this period also tell the story of the progressive change of feeHng towards the loyalists which accompanied the growth of belief that the colonies might prevail, and that a separate government might be the result of the con- test then going on. Even before the first collision at arms, many loyal citizens sought protection in Boston from the abuse of their former friends and neighbors. So long as there was no form of gov- ernment except that under the charter, there was no such thing as an abandonment of property in- volved in taking such a step as this, but after the organization of the provincial congress, Massachu- setts was for a time practically under two govern- ments, the one having control in Boston, the other covering the rest of the province. When, therefore, after the battle of Lexington, citizens of the towns near Boston fled to that place, their flight was in some cases, at least, accompanied by an abandonment of property. In some instances relatives were left in charge of the homes thus deserted, but there were many prominent men who felt that personal safety was the fiirst consideration, and who, being entirely ^ An Act to indemnify and secure from prosecutions in law per- sons who, by their laudable exertions under the late government of the King of Great Britain, have exposed themselves to actions of damage, and other prosecutions, in certain cases ; passed April 10, 1780. Acts and Res. Prov. Mass. Bay, vol. v. p. 1169. LEGISLATION 27 unprepared for the unexpected situation, were com- pelled to leave their homes without having had a chance to install representatives. Property thus abandoned was exposed to pillage. Its protection was the first thought of the authorities. At that time sequestration could not have entered the mind of anybody as a possible solution for the question of its future disposition. It may be assumed, there- fore, that the sole motive which governed the first legislation touching property in this condition was the protection of the community from the excesses of evil-doers. The exposed property was a tempta- tion. There was a measure of responsibility on the part of the patriots for this exposure. It could be atoned for to some extent by assuming control of the property for the benefit of whom it might con- cern. This was evidently the spirit in which the committee of safety, May 3, 1775, instructed the quartermaster-general to pay the strictest attention that the household furniture of those persons who had taken refuge in the town of Boston might be properly secured, and disposed of in places of safety.^ ^ Acts and Res. Prov. Mass, Bay, vol. v, p. 706 ; Journals of Each Prov. Cong, of Mass. in 1774 ^^d 1775, and of the Com. of Safety, etc., p. 634. In the note to chapter 38, Laws of 1776-77, vol. v., Acts and Res. Prov. Mass. Bay, Mr. Goodell has collated not only the legislation on this point, but also much material bearing upon it. He has per- formed for us the same service in connection with chapters 24, 48, and 49, Laws of 1778-79, in the same volume, which deal with the general subject at a later date. There is more of detail in these notes than can be produced here, but their examination will dis- 28 THE CHANDLER CONFISCATION The masterful tone and the revengeful spirit of the Confiscation Act are entirely wanting here, and yet the next step taken, even though it was more than a year before the Declaration of Independence, is characterized by an apparent confidence not alto- gether warranted by the military situation, a confi- dence which analysis shows to have been after all merely apparent. This time it was the provincial congress which spoke, and on the 22 d of May for- bade all persons in this " colony " taking any deed, lease, or conveyance of the lands, houses, or estates of the refugees/ The object of this was clear enough. Refugees would, if permitted, hasten to lodge their titles in the names of relatives or friends less objectionable to the provincial congress than themselves. It will be observed that the re- solve does not undertake to prevent refugees from making such conveyances, but simply forbids others to take them. In order to make such deeds effec- tive, the grantee must have been some person who could have access to the property. This was pos- sible at that time only for such as had given in their allegiance to the provincial congress ; hence the re- solve in this form probably served its purpose. Events had advanced far enough to stir up the more radical of the patriots to a desire for aggres- sive legislation, but not far enough to reheve the close how exhaustive they are, and how little is left for the student of the subject to do. 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 706 ; Journals Prov. Cong., etc., p. 249. LEGISLATION 29 apprehensions of the timid and the conservative among the legislators. The first armed collision had already taken place, but the lesson of confidence in the courage of the undisciplined volunteers throng- ing on Cambridge Common, soon to be learned at Bunker Hill, had not then been conveyed. There was nothing which should cause even the timid to hesi- tate in the passage of a resolve to which obedience was alone expected from those who had given in their fealty to the provincial congress. There was nothing in its wording which portended confiscation, yet this compulsory retention of titles in the names of the refugees must have had some such ulterior intention. Meanwhile, the committee of safety was in closer touch with current events bearing upon this property question than was the provincial congress. Com- plaints of the waste and destruction of the property of refugees poured in upon the committee in such numbers that on the 12th of June, 1775, they called the attention of the provincial congress to the sub- ject.^ How close was the touch and how trivial were some of the affairs with which the congress and the committee concerned themselves is shown by the recommendation to the committee made by the congress in consequence of that appeal. They were requested to have the grass cut on certain of the estates of refugees in Cambridge, Charlestown, Roxbury, and Milton, and to secure it in some con- * Acts and Res. Prov. Mass. Bay, vol. v. p. 706 ; Journals Prov. Cong., etc., p. 663. 30 THE CHANDLER CONFISCATION venient place for the benefit of the colony.^ Two committees were appointed by the congress, one to take care of estates of refugees, and one to take into consideration the property of persons who had left their habitations in sundry towns in the colony, and who had "discovered " themselves to be enemies to the colony and the continent.^ On the 21st of June, 1775, the provincial con- gress recommended the selectmen and the com- mittees of correspondence of towns where any of the property of refugees was to be found to take pos- session of such property and protect it from waste. They were to keep a record of the rents and profits which they should receive, and they were to account to the provincial congress or to the assembly of the colony for what they should collect, when thereto required.^ This important resolve lies at the base of all sub- sequent legislative action down to the passage of the Confiscation Act. The underlying principles are the same as those which were subsequently elaborated into the act to prevent the waste, destruction, and embezzlement of the property of refugees. All pro- perty of refugees was to be seized, and the rents and profits therefrom were to be accounted for to the government. ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 707 ; Journals Prov. Cong., etc., p. 322. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 707 ; Journals Prov. Cong., etc., p. 337 ; Report of Com. June 17, Journals Prov. Cong., etc., p. 348. 8 Acts and Res. Prov. Mass. Bay, vol. v. p. 707 ; Journals Prov. Cong., etc., pp. 368, 369. LEGISLATION 31 The use in tliis connection of the descriptive title, " The Assembly of the Colony," calls attention to the legal theory under which the proceedings of the colonists had theretofore been conducted. There was of course no provision in the charter under which such a body as the provincial congress could have been organized. Its members were in revolt against the duly appointed representative of the Crown, but had not as yet thrown off allegiance to Great Britain, nor was the situation such that they could with confidence expect that their proceedings would eventuate in such a result. They bore the same relation to the Crown as did their ancestors when they seized and imprisoned Andros, and the name "Provincial Congress," which they adopted, was to a certain extent a misnomer, for the essence of a province was that it should have a governor appointed by the Crown. The elective body, which in the summer of 1775 was organized for legislative purposes through the instrumentahty of this con- gress, was styled an " Assembly of the Colony," and as such its first act was to legalize the doino-s of the "Provincial Congress of the Colony."^ The attitude taken in the resolve of June 21 would seem to have been too bold for some of the legislators, for on the 8th of July they secured the passage of an explanatory resolve, to the effect that the resolve of June 21 was intended to ap- ply only to such "estates as are left unimproved and void of any occupant or possessor." Other 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 415. 32 THE CHANDLER CONFISCATION estates ought not to be so treated until the refu- gees should be " regularly indicted and tried for their supposed offences." ^ The operation of the resolve differed from that produced by the one passed May 3, as follows : Instead of being re- stricted to the household furniture of those who "had taken refuge in Boston," it applied to all abandoned property in the province, and instead of the custody being turned over to the quartermas- ter-general, the property was intrusted to the care of the selectmen and committees of correspondence. The cause of these changes is obvious. To avoid insult and actual physical maltreatment, loyalists from all parts of the province had been compelled to seek safety in Boston. If, in so doing, they left behind them property without adequate provision for its care, it was plain that so narrow a description as " household furniture" might not cover aU cases. The appointment in the original resolve of the "quartermaster-general" as custodian was evidently a mere temporary makeshift. The transfer of the keepership of the seized property to the selectmen and committees of correspondence was a practical acknowledgment of responsibility, and indicated a recognition of the probable necessity for a more protracted custody and an acceptance of the self- imposed trust. Legislation with reference to abandoned property was permitted to rest in the condition laid down 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 707; Journals Prov. Cong., etc., p. 476. LEGISLATION 33 by the resolve of June 21, 1775, as amended by that of July 8 of the same year, for about ten months. The subject was, however, discussed from time to time in the legislative body represent- ing the people, whether congress or assembly, and the various propositions then introduced indicate that the representatives were becoming more and more aggressive. Thus, August 15, 1775, the house appointed a committee to examine the resolutions of the congress respecting refugees and report what was required to be done.^ Again, on the 9th of November, 1775, a resolve was passed in the same body empowering the selectmen and committees of correspondence, in towns where refugees had left estates both real and personal, to take care of the personal estate, and to sell stock which could not be kept on account of the scarcity of fodder; to take care of the produce of the farms; to keep an ac- count of their doings, and report to the court when required.^ The council amended this resolve in three ways : They wanted to have the control of the selectmen and committees limited to abandoned property ; they desired to have the report under oath ; and they wished to preserve a loophole for refugees who might have some explanation to give of their conduct. This they proposed to accomplish by defining the purpose of the required report to be ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 707 ; House Journal, p. 73. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 707; Home Journal, p. 254 ; Mass. Archives, vol. 207, No. 270. 34 THE CHANDLER CONFISCATION *' that justice may hereafter be done to the public as also to those individuals, when due inquiry can be made into their conduct." ^ Apparently these amendments were not accepta- ble to the house. The subject was again taken up by the representatives, January 5, 1776, and a com- mittee appointed to bring in a report.^ On the 8th, a resolve was submitted to the house.^ The hostihty of the refugees was set forth in the preamble in strong terms. They had left behind them estates liable to waste and perish, and in some instances had arranged to receive rents from their real estate and the proceeds of sales of their personal property. The selectmen and committees of correspondence of any town where such abandoned estates were situated were to take possession of the same ; to manage the real estate and dispose of the personal estate in such manner that no part of the rents or proceeds should get into the hands of the refugees. Proper accounts were to be kept for the information of the general court, when required. This resolve, like its predecessor, met with amendment in the council.* The most important of the changes sug- ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 708; where Mr. Goodell adds : " By the minutes upon the original resolve in the Archives, as well as by the recorded doings of the Council and House upon this resolve, on the 18th and 27th, it does not appear to have been passed, notwithstanding an entry to that effect in the so-called records of the General Court." 2 House Journal, p. 119. ' House Journal, pp. 127, 128. * For these amendments, see House Journal, January 11, 1776, p. 141. LEGISLATION 35 gested seems to convey the idea that certain patriots fleeing from Boston had arranged with loyahsts who had fled to Boston for an exchange of pro- perty. The council proposed that after the clause requiring a report to the general court, there should be added the words " to whom they are to be ac- countable, provided always, that nothing in the foregoing resolve shall extend to such estates, real or personal, as are now improved by persons late inhabitants of the Town of Boston, who have given up their estates in said town to the owners of estates on which they now dwell." This amendment was not accepted by the representatives, and at this stage the proposed legislation was apparently ar- rested. On the 14th of February, 1776, the subject was again considered by the house. A resolve was re- ported, which was duly passed and sent up for con- currence.^ This resolve was in substance the same as that which had been passed by the house Janu- ary 8, but to the clause requiring the selectmen and the committees to report their doings to the court when required by that body, these words were added : " And unto whom they shall be accountable." There was also a proviso added, to the effect that the re- solve was not to be construed to include estates which had been conveyed to persons friendly to the colony prior to May 22, 1775, the date of the pas- sage of the resolve forbidding such conveyances. 1 Acts and Res. Prov. Mass. Bay, vol. v. pp. 708, 709 ; House Jour- nal, p. 293. 36 THE CHANDLER CONFISCATION There is no record of the action taken by the coun- cil on this specific resolve, but it may be assumed that it failed of passage in that body. Meantime, the evacuation of Boston introduced a new set of problems, urgent in their nature and requiring immediate attention. The compulsory withdrawal of the English army and fleet not only affected military affairs, but the prestige gained by the Americans in consequence of this important success reacted upon the political situation. It is not strange, therefore, to find immediately after this event that thoughts of confiscation began to obtrude in the body from which all aggressive action had heretofore come. On the 19th of March, 1776, it was moved in the house that a list of the Bos- ton loyalists be made out, and an order was passed for the appointment of a committee to bring in a bni for the confiscation of the estates of persons who had aided the enemy.^ It would seem that the council was not ready for this step, for on the 25th of March the general court appointed a com- mittee to repair to Boston and make an inventory of the real and personal property belonging to the mandamus councillors, commissioners of customs, and others, open and avowed enemies to the rights and liberties of America, who, through fear of the American arms and the just resentment of their injured countrymen, had departed the town of Bos- ton ; and report the same to the court as soon as may 1 Ads and Res. Prov. Mass. Bay, vol. v. p. 1052 ; House Journal, p. 18. LEGISLATION 37 be. Meantime they were to cause such effects to be secured, so as to prevent embezzlement.^ This com- mittee found unexpected obstacles in the way of securing possession of the property of refugees, and sought for and obtained on the 3d of April, 1776, an extension of their powers.^ The resolve under which this was granted recites that the court was informed that some of the estates of the refugees were then in the occupation and possession of per- sons who had clandestinely taken the same, and others were held under pretence of gift, sale, or attachment. To secure possession of these estates, the committee was authorized to examine under oath persons suspected of having in their possession estates of refugees, in the same manner as was per- mitted by the law governing estates of intestates. The committee was also authorized to take possession of property belonging to persons in Great Britain, the management of which was, by power of attor- ney, lodged in the hands of refugees. All of this without regard to legal proceedings instituted since April 19, 1775. On the 6th of April, justices of the peace were appointed to examine loyalists whose names were on the list.^ On the 8th of the same month, the house recurred to the question of confiscation, but 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 709 ; p. 1064 ; House Journal, p. 37 ; p. 40 ; p. 41. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 709 ; House Journal, p. 75 ; Mass. Archives, vol. 208, No. 328. ^ House Journal, pp. 88, 89. 38 THE CHANDLER CONFISCATION was then held in check by the council.^ On the 9th, the house passed a resolve extending the pro- vision as to inventories of property of loyalists to all towns, and requiring committees of corre- spondence, safety, and inspection, aided by justices of the peace, to prepare lists of refugees.^ Having thus made provision for securing as far as possible the property in Boston abandoned by the refugees who accompanied the British army to Halifax, the house took up the resolve originally introduced February 14, and on the 19th of April, 1776, passed a resolve in which the council concurred on the 23d.2 The preamble asserted that certain enemies of the colony, and others who had left the colony with intent to aid the enemy, had left behind them real and personal property subject to waste. The com- mittees of correspondence, safety, and inspection, in each town where there was property of this sort which the committee beheved was the property of such refugees, were instructed to take possession of the property, and to manage the estates according to their best judgment. They were to lease the real estate for one year ; to return an inventory of the personal property and a statement giving details as to leases. Estates occupied by persons friendly to the colony, under written conveyance dated prior to 1 House Journal, p. 96. " Acts and Res. Prov. Mass. Bay, vol. v. p. 1052 ; Mass. Archives, vol. 208, No. 357 ; House Journal, p. 104. 3 ji^cts and Res. Prov. Mass. Bay, vol. v. p. 710 ; House Journal, pp. 153, 154. LEGISLATION 43 might be available for this and the other United States.^ " The Act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies for protection, and also for payment of their just debts, out of their estates," was passed in April.^ This act authorized the judges of probate to appoint agents to take possession of the property of persons who had voluntarily fled to the enemy, leaving behind them estates amounting in value to twenty pounds or upwards. Judges of probate were authorized to allow the wife and family of the refugees bedding and household furniture, and could also assign to the wife the use and improvement of one third of the real estate during the absence of the husband. The agent was to sell the personal property and pay the debts of the refugee. If there was not enough personal property to meet the debts, then recourse could be had to the real estate. Except for the purpose of paying debts, he had no power to sell real estate. Where the estates were not insol- vent, the judge of probate could make allowances out of the rents and profits of the estate for the support of the absentee's family and servants. The agent was to pay over to the treasurer of the state any balance in his hands after paying the debts of the estate, and thereafter was to account to the judge 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 711; Printed Resolves, ch. 131, p. 28 ; Mass. Archives, vol. 212, No. 213. ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 629 et seq. 44 THE CHANDLER CONFISCATION of probate by whom he was appointed. Thus mat- ters stood until the passage o£ the Confiscation Act. The flight of the refugee was treated as being equiv- alent to suicide. The agent appointed to take pos- session of the estate was given authority to manage the same " in as full and ample a manner as though the absent person was naturally dead and the said agent was appointed administrator of his or her estate." It is evidently the purpose of the act to give the agent control over the management of the real estate, but the limits of that control are only to be inferred. He is put in possession, and can receive the rents from leases made by committees under authority of the court. He can make repairs. Out of the rents and profits in his hands he can pay such sums as the court allows for the support of the family. The committees having charge of real estate were only authorized to lease for one year. Perhaps it is a fair inference that the agents' power in this respect was similarly restricted. September 19, 1778, collec- tors of taxes were stayed from proceeding against the unimproved estates of absentees.^ On the 16th of October, 1778, the power of judges of probate in the appointment of agents was extended. They were directed to exercise this power as soon as it should appear to them by information or otherwise that any persons had fled to the enemy for protection. The estates of refugees who had died since leaving home were not to be exempt, and * Printed Resolves, September session, 1778, res. 11, p. 38. LEGISLATION 45 commissioners were to be appointed to examine claims against all estates, whether insolvent or not.^ The same act was further amended in February, 1779, by the addition of a clause which empow- ered judges of probate to treat absentee executors and administrators as if dead. Appointments could be made of persons to fulfil the trusts which the absentees were unable to perform.^ Pursuant to the recommendation of Congress, the subject of confiscation was taken up by the general court in January, 1778. February 23,^ a confisca- tion act was reported, and a list of names of refugees was ordered to be prepared. This was under consid- eration for a protracted period, the details concerning which are given in the note to chapter 48, vol. v., in the Province Laws.* The passage on the 16th of October, 1778, of the act to prevent the return to this state of certain persons therein named, and others who have left this state or either of the United States and joined the enemies thereof, would seem to have been the immediate outcome of this discussion.^ The state at this time had possession of practically all the property of the refugees. The personal property had been disposed of under authority. The real estate was still under the management of the agents who had been put in charge of it. Difficul- ^ Acts and Res. Prov. Mass. Bay, vol. v. pp. 910, 911, 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 931. 8 Acts and Res. Prov. Mass. Bay, vol. v. p. 1053. * Acts and Res. Prov. Mass. Bay, vol. v. p. 1052 et seq. ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 912. 46 THE CHANDLER CONFISCATION ties of various sorts turned up, most of which were met by legislation, general in character, hut calcu- lated to meet the emergency which called it into being. The spring of 1779 was fertile with such legislation. February 19, 1779, agents who had not made returns of inventories were ordered to do so imme- diately. They were also required to make up their accounts with all possible expedition, and, after deducting such allowance to the wife, widow, or family as the judge of probate might have approved, to pay over the balance to the treasurer of the state.^ The same day another resolve was passed instructing agents to lease for circulating currency the real estate on one year leases.^ The property of subjects of Great Britain who had not resided in this state was, by resolves of date of February 20 and April 19, ordered to be turned over to the agents.^ A special resolve was passed May 1, pro- viding for the ejectment of persons improperly holding possession of the property of refugees,'* and resolves were passed May 1 and May 3 to meet the cases arising from delinquent agents.^ This review of special legislation of a general character at this period has carried us beyond the date of the passage of the two confiscation acts in which all of this legislation may be said to have 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 1000. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 1000. 3 Acts and Res. Prov. Mass. Bay, vol. v. pp. 1000, 1001. * Acts and Res. Prov. Mass. Bay, vol. v. p. 1002. 5 Acts and Res. Prov. Mass. Bay, vol. v. p. 1002. LEGISLATION 47 culminated. April 30, 1779, two bills were passed, the one directed against the estates of mandamus councillors, commissioners of customs, and certain other royal officeholders, and the other against the estates of refugees in general. In the former the estates of the named persons were confiscated with- out hearing. In the general confiscation act there were detailed provisions for the mode of trial under which the estates should be confiscated. Personal service or the ordinary substitutes lay at the base of the action, and a jury was required even in case of default. In both acts provision was made for setting aside dower for the wife or widow of the refuo-ee, out of the estate. In the proceedings under the Confiscation Act the result was simply that posses- sion in behalf of the commonwealth was given to an agent appointed for that purpose. No provision was made in the act by means of which the agent could pay debts. On the 19th of June, 1780, a committee was ap- pointed by resolve who were authorized to borrow money for the use of the state, and as security for the loans they could put lenders in possession of the real property of absentees.^ November 29, 1780, a resolve was passed for sell- ing at public auction the estates and effects of absentees.^ The proceeds were to be paid into the treasury. December 4, 1780, the Confiscation Act was 1 Resolves of Mass. 1780, res. 83, pp. 35, 36. 2 Laws and Res, of Mass. 1780-81, ch. 95, p. 183. 48 THE CHANDLER CONFISCATION amended.^ The requirement of a jury where there was no contest was dispensed with, and instead of the notification to the absentee set forth in the act as a basis for the proceedings in court, notice by publi- cation in newspapers was substituted. The personal service required in the original act on absentees who were by law prohibited from entering Massachusetts was of course a legal farce and an absurd proposi- tion, nor was it much improved by having a notice left at the last and usual abode of the absentee, nor by j)Osting it on the premises. Such absentee had, under the circumstances, no recognized interest in the proceedings, and his family had no claim except through him. Only those were legally inter- ested who might claim through some conveyance or contract which the courts would recognize as valid, and as these might not be known, publication was clearly the best way to reach them. At the time of the passage of this act, the confis- cation suits in the Chandler case were ripe for judg- ment. Taking advantage of the provision which dispenses with the jury requirement, the court, which met December 12, 1780, at once proceeded to enter up judgment in the pending cases. It was soon discovered that the act which had made it possible ^ Laws and Resolves of Mass. 1780-81 : An Act in addition to and for the alteration of some of the provisions of an Act, etc., eh. 48, p. 113. For my citations of much of the subsequent legisla- tion I have used the reprint of the laws now in progress, the title being the binders' title. This is sometimes misleading, since the years which govern it are session years, and the fall session often overlapped the calendar year. LEGISLATION 49 to get along without a jury had also upset the ser- vice of the writs upon which these cases were based. To remedy this, a special act was passed January 18, 1781, legalizing the proceedings in these suits/ The committees and agents were instructed Feb- ruary 2, 1781, not to lease property of absentees ; '^ but on the 3d of March, 1781, they were authorized to lease for one year, if they thought it was for the interest of the government.^ The act to provide for the payment of the debts due from conspirators was amended May 1, 1781. Committees appointed to sell the estates of absentees were authorized to sell at private sale to persons who had advanced money to the commonwealth, under the resolve of June 19, 1780, the estates then turned over to them as security, provided the creditor of the commonwealth made application for that pur- pose and was willing to take the estate at the ap- praised value designated by a committee appointed for the purpose.* The action taken in this last act is pecuHar, and not altogether consistent with what had just taken place, for on the 2d of March the legislature had formally passed an act to provide for the payment of debts due from conspirators and absentees and for the recovery of debts due to them, in which act they ^ Laws and Res. of Mass. 1780-81, ch. 49, p. 114. 2 Laws and Res. of Mass. 1780-81, ch, 65, p. 254 ; Res. of Mass. 1781, res. 65, p. 79. 8 Laws and Res. of Mass. 1780-81, ch. 196, p. 335 ; Res. of Mass. 1781, res. 196, p. 129. * Laws and Res. of Mass. 1780-81, ch. 52, p. 122. 50 THE CHANDLER CONFISCATION had appointed committees to sell the estates and pay the debts.^ The claims were to be examined by the committees formerly appointed by the judges of pro- bate. The sales were to be conducted as in the case of intestates. The committees for the several coun- ties were named in the act, and were authorized to sell the estates, pay the debts, and pay over what was left to the treasurer of the state. Money paid to the treasurer could be reached by warrants issued on certificates of probate judges. John Fessenden, Caleb Ammidon, and Jonathan Warner were ap- pointed for Worcester County. On the 15th of May, 1781, knowledge having been acquired that there were persons in possession of real estate of absentees who did not pay rent and others having personal property illegally in possession, a resolve was passed directing the committees appointed to sell confiscated estates in the several counties to make inquiries on these points, and report thereon.^ The same day an act was passed directing commissioners to reject all claims originating from conspirators or absentees and extending the time for proving claims against the estates, and, in order to expedite pay- ments, authorizing payment in full to creditors who would give an indemnity bond to refund jyro rata in case the proceeds of sales should be inadequate to meet all claims.^ The committees of the several counties within the 1 Laws and Res. of Mass. 1780-81, ch. 50, pp. 115 et seq. 2 Laws and Res. of Mass. 1780-81, ch. 176, p. 460. 3 Laws and Res. of Mass. 1780-81, ch. 53, pp. 123-125. LEGISLATION 51 commonwealth, appointed to dispose of confiscated estates, were on the 11th of February, 1782, in- structed to receive in payment the securities given to officers and soldiers.^ March 7, 1782, the com- mittees for the sale of estates of absentees were authorized to lease the said estates for the ensuing year.^ On the 8th of March, 1782, in order that persons might be protected who had been prevented by good reasons from prosecuting their claims against the estates of absentees, a resolve was passed, author- izing judges of probate to renew for three months the commissions of those previously appointed to examine claims. The commissioners thus reap- pointed, or others in their place, were instructed to reexamine claims.^ On the 15th day of June, 1782, an amendment was passed to the act to provide for the payment of debts due from conspirators and absentees, the purpose of which was to relieve the commonwealth from the embarrassment caused by the exemption from the operation of the original act of estates put in the hands of persons who had advanced money under the resolve of June 19, 1780. Committees were authorized to sell to lessees at an appraised value, or to others at public or private sale if the lessee refused to take the property on those terms. In cases where the proceeds of sales were inadequate to pay debts, committees were empowered 1 Laws and Res. of Mass. 1780-81, ch. 403, p. 846. 2 Laws and Res. of Mass. 1780-81, ch. 524, p. 925. 3 Laws and Res. of Mass. 1780-81, ch. 514, pp. 919-921. 52 THE CHANDLER CONFISCATION to divide such proceeds among creditors pro rata, taking bonds for the repayment of the creditor's ratable proportion.^ If it be borne in mind that the agents had been called upon to remit to the state treasurer, the character of the task of deter- mining the solvency of the estates thus imposed upon the committees will be better appreciated. In the Chandler case, several of the claims were paid by warrants drawn on the treasurer. Various resolves were passed in the summer of 1782, the purpose of which was to stimulate the settlement of estates of absentees.^ It would seem that the comphcated state of affairs brought about by the great variety of legislation bearing upon the settlement of the estates of absen- tees carried with it the penalty of suits against agents and committees in such numbers that the legislature was oblio:ed to come to their defence. This was done by the passage, March 13, 1783, of an act empowering agents and members of committees in certain cases to plead the general issue and give the acts and resolves of the general court and any special matter in evidence.^ At the time of the passage of this last act it was known in this country that George III. had announced at the opening of Parhament that a pre- 1 Laws and Res. of Mass. 1782-83, ch. 69, pp. 177-179. 2 Laws and Res. of Mass. 1782-83, ch. 88, p. 232, June 29, 1782; ch. 85, p. 229, July 1, 1782 ; ch. 113, p. 245, July 4, 1782; October 21, 1782, a resolve was passed containing unimportant instructions to committees, ch. 76, p. 308. 3 Laws and Res. of Mass. 1782-83, ch. 70, p. 179. LEGISLATION 53 liminaiy treaty of peace had been signed between Great Britain and the United States. The pro- visional treaty, conchided in November, 1782, had at last become operative through the signing in Jan- uary, 1783, of the preliminary treaties of peace be- tween Great Britain and France and Spain. The fifth article in the provisional treaty provided that Congress should recommend to the several States the revision of the laws against refugees, " so as to ren- der the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail." The first step taken by the legislature of Massachusetts in this " spirit of conciliation " was the passage, on the 2d of July, 1783, of an act to carry into execution an act made in the year one thousand seven hundred and seventy-eight, entitled an act to prevent the return of certain persons therein named. It was prescribed in the " act to prevent the return " that the Board of War should deport absentees who should venture to return to the state. That body, it was stated, was now discontinued. It was therefore provided that cases arising for consideration under that act should be examined by two justices of the peace, whose decision was to be certified to the gov- ernor. It was made the duty of the governor to cause violators of the law to be deported, and it was provided that a second return of the refugees was to be met with the penalty prescribed in the original act, which was death. Replevin suits could not be 54 THE CHANDLER CONFISCATION maintained in behalf of persons arrested under this act. Service of writs in such suits was declared to be void, and the officer making service not only became subject to a fine of ^100, but was by the very act of making the service incapacitated from making further legal service of papers. This act was to remain in force until the recommendation of Congress should be laid before the court, and a final determination thereon should be had.^ March 18, 1783, committees were authorized to lease for one year.^ June 5, the committee intrusted with the settle- ment of the accounts of committees on absentees' estates was instructed to require final settlements and to have balances paid over.^ On the 4th of October a resolve was passed in- structing committees appointed to make sale of the estates of absentees "to surcease the sale of the said estates until the further order of the general court." ^ The definitive Treaty of Peace, executed at Paris in September, 1783, was ratified and confirmed by Congress January 14, 1784, and a broadside was thereupon issued, calHng upon all good citizens and all bodies of magistracy, legislative, executive, and judiciary, to observe its terms and carry into effect its definitive articles. The fifth and sixth articles of the treaty were similar to those bearing the same 1 Laws and Res. of Mass. 1782-83, p. 499. 2 Laws and Res. of Mass. 1782-83, ch. 175, p. 458. 8 Laws and Res. of Mass. 1782-83, ch. 10, p. 680. * Laws and Res. of Mass. 1782-83, ch. 14, p. 783. LEGISLATION 55 numbers in the provisional treaty. The former o£ these articles has been already alluded to. The latter provided that there should be no more confis- cations of the property of loyalists and no more prosecutions by reason of the part taken by them in the war. What legislation follows was carried through with a full knowledge of the character of the recommendations of Congress which were re- ferred to as impending in the last paragraph of the act of July 2. The first step taken by the legislature after it was furnished with knowledge of these recommenda- tions was to put forth efforts to close up the estates of absentees. March 16, 1784, registers of probate were ordered to return to the secretary's office before June 10 all accounts rendered by agents of such estates. If any agent had failed to render his ac- counts, registers were instructed to bring suit on his bond. Committees having absentees' estates in their hands were ordered to make a return to the secre- tary. He in turn was to report to the attorney- general if any committees were delinquent in this respect, and it was made the duty of the attorney- general to prosecute such delinquents. It was at the same time provided that there should be no further sale of estates of absentees, either as a whole or in part, until the further order of the general court.^ The first act passed in which the obligations of the treaty were distinctly recognized was the " Act ^ Laws and Res. of Mass. 1782-83, ch. 132, p. 873. 56 THE CHANDLER CONFISCATION for repealing two laws of this state, and for assert- ing the right of this free and sovereign common- wealth, to expel such aliens as may be dangerous to the peace and good order of government." This act became a law March 24, 1784.^ The preamble asserted that it was the undoubted right of the state to expel such aliens as were pos- sessed of dispositions incompatible with the safety or sovereignty of the state. It is quite possible that in the more liberal spirit of to-day we should be in- clined to assert our right to expel from the country those whose presence threatened the safety of the state, but our sympathy with the alleged principle on which the act was based would probably stop at this point, for what was meant by it was more speci- fically defined in the next sentence, in which absen- tees were pronounced to be aliens. Alas, for the hoped-for spirit of conciliation. All those who had borne arms against the state or lent money to Great Britain, and all those who were named in the Confis- cation Act, were designated as aHens, and as such ouo^ht to be excluded from the state. The admis- sion even of others of this class was declared to be full of danger to the state, but under the circum- stances it was thought that the present laws for their exclusion were not calculated to produce peace and tranquillity. Therefore the act to prevent the re- turn of certain persons therein named, and the act to carry that act into execution, the former of the year 1779, the latter of 1783, were both repealed. 1 Laws and Res. of Mass. 1782-83, p. 661. LEGISLATION 57 This of course threw the bars down and let in every- body, but to make it clear that the spirit of con- ciliation in which the legislature complied with the recommendation of Congress did not go far enough to permit the more odious of the loyalists to stay in the commonwealth after they had got there, it was then provided that absentees named in the Confisca- tion Act, or who had borne arms against the coun- try in the late war, who should return to the state with the intent to reside therein, should be reported by justices of the peace to the governor, and if they did not immediately depart from the state when thereto ordered by the governor, they were to be committed to jail. Absentees of other descriptions than the above were required to take out licenses from the governor, which licenses should run only from the end of one general court to the end of the next. The sixth article of the treaty, which provides that there should be no more confiscations, was recognized, and it was provided that lands held by claimants April 19, 1775, which had not been confiscated, should be restored unless they were pledged for the payment of debts due from absentees. From the benefit of this provision, however, those named in the Confiscation Act were excluded, or rather it would be nearer the fact to say that an attempt was made to exclude them. This was done by referring to the Confiscation Act as the " Act of 1778," an error of date which compelled subsequent legislation by way of correction. 58 THE CHANDLER CONFISCATION On the 2d of July, 1784, it was ordered that con- fiscated estates should be sold by auction for pub- lic securities. From this order estates which were insolvent were excepted.^ It was evident that the titles to the confiscated estates acquired by the pur- chasers at the auction sales were assailed, for on the 28th of October, 1784, a resolve was passed direct- ing the attorney-general to appear and defend the titles of confiscated estates.^ It has been mentioned that corrective legislation was needed to cure the hasty and erroneous descrip- tion of the Confiscation Act in the act just above described. This was accomplished November 10, 1784, by an act in addition to the former act, in which it was also provided that, where real estate of absentees had been mortgaged by the government, the equity of redemption should be regarded as having been confiscated. In the case of property leased by the government, the rentals were deemed to have been confiscated, but the claimant could de- mand the property at the termination of the lease. It was also provided in the same act that all acts of agents or committees in connection with real estate of absentees or of real British subjects, where the real estates had not been confiscated, if such acts were done according to law, should be good and vaHd. Personal estates of absentees, sold or used, were to be deemed confiscated. No action was to lie 1 Laws and Res. of Mass. 1784-85, ch. 58, p. 234. 2 Laws and Res. of Mass. 1784-85, ch. 25, p. 272. LEGISLATION 59 against an agent. If sued, he might plead the gen- eral issue and give this act in evidence.^ The same day a letter was addressed to the dele- gates to Congress, in which they were instructed to ascertain whether it would consist with the treaty for the legislature to debar British subjects and ab- sentees from recovering interest during the war. What did the expression used in the treaty, " hona- fide debt," mean ? Ought it to include interest during the war ? These questions arose under the fourth article of the treaty, which provided that no lawful imped- iment should be imposed to the recovery of debts theretofore contracted. Pending an answer which should furnish the congressional interpretation of the treaty, actions for interest were suspended until the next session of the legislature.^ When that event took place, the reply of Congress to these questions was still in abeyance. A resolve was there- fore passed on the 7th of February, 1785, continu- ing the resolve of November 10 in force until the further order of the general court.^ Whether that order has ever been made can be determined by search of the records, if any person should deem it worth while. 1 Laws 1784-85, chap. 31 — 1784, p. 105. 2 Laws and Res. of Mass. 178^-85, ^p. 300, 301. 3 Laws and Res. of Mass. 1784-85, p. 338. CHAPTER IV THE VALUE OF THE ESTATE Among the papers in the probate files are two appraisals of the real estate made at different times. Under the instructions given to the appraisers, these returns were made in " lawful money." The second of these appraisals is more than double the first, a condition of affairs which compels investigation as to its meaning. As if to help us, a third valuation of the real estate, at a still earlier date, is to be found in the London transcripts. This was made in sterling by Chandler himself, and was corroborated by the affidavits of several persons familiar with the value of the different parcels of land mentioned in the schedule. By the term " lawful money," the currency in use in New England was meant, the par value of which was six shillings to the Spanish dol- lar, or piece of eight, of seventeen pennyweight. In order to compare Chandler's valuations with those of the local appraisers, one must add thirty-three and one third per cent., the Spanish dollar being rated at 4s. 6d. in sterling, about that time. We can easily identify the farms, wood-lots, and pastures in the several inventories, and if we place them side by side, and convert Chandler's values into " lawful THE VALUE OF THE ESTATE 61 money," we shall have three appraisals of the real estate, all nominally in money of the same standard : one by Chandler giving the values in 1774 ; one by local appraisers in 1778 ; and the third also by local appraisers in 1779.^ The differences of the apprais- als will be better appreciated if presented in tabular form, and in order that we may condense the table, it will be well to dispense with shilHngs and pence and take the nearest pound. Property. Chandler's Schedule. Appraisers' Valuation. Acres from Chandler. 1774. 1774. 1778. Lawful Money. 1779. Sterling. Lawful Money. Lawful Money. Lawful Money. H 180| 17| m 70| 256 J 50 J 203 322 |200 Mansion House . . Mill Farm .... Mill Stone Hill wood- lot Cedar Swamp . , Tertnuck Pasture . Worcester Pasture . Uptown Farm . . Downtown Farm Chestnut Hill Farm . f Charlton Farm . Pews Royalston .... Hampshire County . Leominster , . , 750 1,500 52 165 248 133 1,280 ) 160 5 1,800 1,130 400 65 474 2,305 1,000 2,000 70 220 331 176 1,707 i 213) 2,400 1,507 533 87 632 3,073 2,530 2,500 4,000 80 500 260 5,500 6,500 3,500 2,000 200 1,100 8,696 1,000 5,000 12,000 255 120 1,200 800 15,000 17,700 10,000 3,000 400 1,270 8,770 1,000 10,462 13,949 35,836 76,515 * Dr, Chandler, in his Chandler Family, in treating of Colonel Chandler, introduced as an item in the 1779 inventory the total of the real estate. This error has been copied by other writers, and the conception of Chandler's wealth has been thereby greatly magnified. 62 THE CHANDLER CONFISCATION The appraisers' valuations are taken from the documents on file in the probate court. Chandler's schedule accompanied a petition to the commission- ers appointed to investigate the claims of American loyalists, and is taken from the papers in the Public Record Office, London. We have here a scale of valuation ascending as time progresses. The basis of the valuation fixed by Chandler and his friends, and also that of the 1774 appraisal of the Hampshire County appraisers, is undoubtedly silver coin, in the former case ster- ling, in the latter New England money. If silver coin is also the basis of the later valuations, we have here evidence of a condition of prosperity in Massachusetts utterly at variance with our precon- ceived notions of the distress caused by the grievous burden of war taxes, and totally inconsistent with the language used by the selectmen of Worcester in their petition to the general court for a reduction of the town's taxes in November, 1779.^ As a mat- ter of fact, it cannot be supposed for a moment that there was any general appreciation of the actual value of property in Massachusetts at that time. It follows, therefore, that the appraisers, in estimating the values which they stated in "lawful money," must have made use of a standard which was sub- ject to fluctuations.^ 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 1250. 2 Lawful money, according to its strict definition, ought not to have fluctuated. Yet we find Governor Trumbull of Connecticut saying in November, 1779 : " Their prices of 2/ & 1/6 as heretofore fixed, I understand to be in L. money, agreeable to its value in 1774." Mass. Hist. Coll., 7th ser. vol. ii. p. 451. THE VALUE OF THE ESTATE 63 Was there any other definition of lawful money to be derived from the statutes, which would have justified the use by the appraisers of the phrase in their inventories, and which would have applied to a circulating medium the depreciation of which would correspond with the advance of the appraisals ? It would seem as if the answer to the several points covered by this question ought to be revealed by an examination of the currency emissions of Massachu- setts, a study of the scale of depreciation of the cur- rency then in circulation, and a determination of the ratio of the advance made by the appraisers. If these should fail to solve the riddle, still they may be profitable through their negative results. The first paper money put forth by Massachusetts at that time was in August, 1775. Bills of credit to the amount of so much lawful money were ordered to be prepared, and on the face of the bills it was simply stated that the possessor should be paid so much lawful money by a given date. It was pro- vided that the bills should be received at the treasury and in all payments at their stated denominational value, and a penalty was prescribed for receiving or paying them at a discount. They were, therefore, practically declared to be not only lawful money but legal tenders. Shortly thereafter bills of the United States were put on a par with them by giving the former also the legal tender function, an attribute which they retained until the passage in 1780 of the act in which the official scale of depreciation was adopted. 64 THE CHANDLER CONFISCATION Meantime the colony, and afterwards the state, had from time to time emitted bills of credit bearing upon their face the term " lawful money," and had also concurrently borrowed large sums of money on the treasurer's interest-bearing notes. Beginning with December, 1776, the practice of emitting trea- surer's notes exclusively to lenders of bills of credit was abandoned, and the policy was inaugurated of issuing interest-bearing notes to meet the current oblisrations of the state. After that month, no more lawful money bills of credit were emitted. Conti- nental money and interest-bearing treasurer's notes usurped their place, and the policy of withdrawing the bills of credit altogether came under discussion. In September, 1777, the treasurer was ordered not to pay out bills of credit except those under six shil- lings in denomination.^ This was intended as a serious blow to the circu- lation of the bills, since the greater part of those which had been emitted were of the denomination of six shillings or upwards. In October, 1777, all bills for six shillings and upwards were called in for exchange for treasurer's interest-bearing notes. Various dates were from time to time assigned, be- yond which the lawful money bills of credit were not to be permitted to circulate, the last apparently being August, 1779. Before this date was reached, in June, 1779, nearly all of them were burned in the presence of a committee of the general court.^ ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 815. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 822. THE VALUE OF THE ESTATE 65 The exchange of these bills for treasury notes was apparently ordered to be made at par, showing that the lawful money bills and the interest-bearing notes had up to that time shared the same depre- ciation. Inasmuch as the continental bills were specifically recognized by legislation as being upon an equahty with the state bills of credit in the legal tender function as late as May, 1777, soon after which they became the recognized measures of value, it is probable that the scale of depreciation applies to all three of these classes of currency, up to the time when the actual withdrawal of the law- ful money bills prevented their further consideration in connection with questions of discount. The treasurer's notes find no special mention in the legislation bearing upon the question of depre- ciation, but there is every indication that they con- tinued to parallel the course of the continental bills in their downward career, although at first it was evidently thought that they would not add to the circulating mediiun. They were of large denomina- tions ; they were for short terms, and they bore in- terest. It was thought that capitalists would select them for their cash balances, but it was not realized that this would release for circulation other notes or bills of the same value. After the general court, in October, 1777, passed the act retiring the lawful money bills, they received remonstrances from many parts of the state. In reply to these the representatives in December of the same year issued an address to the people in 66 THE CHANDLER CONFISCATION which they argued that this step was of great ad- vantage because it left but one species of currency, the continental. They said that there was a neces- sity for calhng in their own currency — referring thereby to the lawful money bills — in the speediest manner. The good effects of calling in the bills, they added, " are already obvious in many respects, and nothing seems wanting but perseverance to reap the real benefit of it." ^ We have seen that some of these lawful money bills continued in circulation until the summer of 1779, but it is a fair inference from what the repre- sentatives said in December, 1777, that they were then retired in such numbers as to afford actual re- lief to the situation. It is improbable that the lim- ited number which continued to circulate could have been distinguished in any way from the currency upon which the community depended for a medium of trade. We have an official schedule of depreciation adopted by the general court in 1780,^ which by its terms applies only to United States bills of credit. Continental bills were then the measure of value adopted in the tax acts for use by the assessors, and collectors were ordered to receive them in payment for taxes.^ In this scale, the time at which the depre- ciation was first legally recognized was fixed at Janu- ary, 1777. One hundred doUars in coin were said, 1 Acts and Res. Prov. Mass. Bay, vol. v. pp. 818-820. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 1412 et seq. 8 Acts and Res. Prov. Mass. Bay, vol. v. p. 1035. THE VALUE OF THE ESTATE 67 in the scale, to have been worth at that time one hundred and five in bills. By January, 1778, the hundred and five had become three hundred and twenty-five. In 1779, seven hundred and forty-two dollars in bills were required to purchase one hun- dred in coin, while at the corresponding date in 1780, so rapid had been the advance of the price of gold that two thousand nine hundred and thirty- four dollars in bills were then required to effect the same purchase. Let us now turn to our tabular statement of the values set upon the estate in the various returns at our command. It will be seen at a glance that every item in the schedule submitted by Chandler shares in the advance, with the exception of the Cedar Swamp lot. The value of this was, probably, vested in standing timber. It is not unlikely that the lower valuation given by the appraisers in the later ap- praisals was due to the fact that the timber had been in the mean time felled. The schedule of 1778 does not contain the Millstone Hill wood-lot, and Chan- dler's schedule does not contain the Leominster land, but setting aside these omissions, the total valuation of the 1778 appraisal is about two and one half times Chandler's valuation, while the 1779 appraisal is about five and one haK times as great as Chan- dler's. The mansion house was in 1778 set down as worth exactly two and one half times what it was in 1774, and in 1779 had doubled the 1778 valua- tion. The Mill farm had doubled its value in 1778, and was worth six times the original valuation in 68 THE CHANDLER CONFISCATION 1779. The Uptown farm had increased in value nearly twofold in 1778, and in 1779 was rated over five times as high as in 1774. These examples are selected because they repre- sent the most salable of the property. It will be seen that they do not correspond with each other suf&ciently to deduce from them any specific rates of advance, but taken in connection with the rest of the table, they indicate a nominal rise in value of about threefold in 1778, and of from six to seven fold in 1779. These appraisals were made in the fall of 1778 and in December, 1779, and if we could head the column in the table January, 1778, and January, 1779, we might consider the problem solved, for at these dates three hundred and twenty- five and seven hundred and forty-two dollars in bills, respectively, were equivalent to one hundred dollars in coin. In December, 1779, when we find the ratio of the appraisals about seven for one, the scale of depreciation shows nearly twenty-six for one. It is evident that the appraisers did not use silver at par as the basis of their valuation. It is equally clear, if the appraisals are correctly dated, and if Chandler's estimate of values can be accepted as even approximately correct, that the changes in the valuations made by the appraisers did not correspond with those of the bills named in or covered by the scale of depreciation. It is certain that during the period that the " lawful money " bills of credit were in circulation, these bills, even if discredited, would have come within the statutory definition of lawful THE VALUE OF THE ESTATE 69 money. The withdrawal of nearly all of them from circulation must have made it impracticable to de- termine their discount at any given time after the withdrawal began, and thus takes away from our consideration the only form of paper money which might have given us the key with which to solve this puzzle. Up to a certain point in the progress of the discount of the paper money, we might have been compelled to consider whether the silver in cir- culation might not have paralleled the paper money in its decline. We know that in 1705 the piece of eight " of scarce fifteen pennyweight " passed for six shilHngs. It must have been true, however, that long before the first of the local appraisals was made, the discount of the paper money had become too great for even light weight and clipped coins to remain in circulation. If we cannot reconcile these valuations with any theory as to the " currency " or the " lawful money " based upon the facts as we know them, we can only arrive at arbitrary conclusions, resting not so much upon what our study has actually disclosed as upon inferences that appear to be unavoidable. It seems to me that the returns of the appraisers were intended to be made in terms of the currency then in circulation. If such was the case, then the estate must have been greatly undervalued by the local appraisers. The author of the note entitled " The Loyalists and their Fortunes," in volume vii. of Winsor's " Narrative and Critical History of America," says in a note (page 212), " They [the loy- 70 THE CHANDLER CONFISCATION alists] complained of trickery, fraud, and gross in- justice practiced towards them here. The real value of their property was underestimated in the sworn invoices sent to them." The inventories referred to herein were not sworn invoices sent to Chandler. They were returns to the judge of probate, but some of the motives which would have led to an underestimate in a statement to be used in England might have influenced these appraisers in their re- turns. At all events, if the appraisers made use of the currency which then constituted the circulating medium of the state, and if the alleged dates of the appraisals are correct, the real estate was greatly undervalued. CHAPTER V THE PAPERS OF THE PROBATE FILES ANALYZED The papers and records of this case may be clas- sified under four heads : the probate files at Worces- ter ; the records of the Inferiour Court of Common Pleas, at Worcester ; the papers in the Massachu- setts Archives ; and the documents in London, called herein the London transcripts. The first in the series in the probate files at Worcester is dated April 18, 1777, and is a certifi- cate addressed to the judge of probate, and signed in behalf of the committee of correspondence of the town by its chairman, to the effect that John Chandler and certain other persons had fled to the enemy.^ This document was prepared under section one of the act to prevent the waste, destruction, and embezzlement of the goods or estates of refu- gees,^ and conforms to the requisites of the act in setting forth a state of circumstances which would give the judge of probate jurisdiction, provided he did not insist upon a technical compliance with the language of the act. The certificate was in the following language : — 1 See Appendix for copies of the papers referred to. 2 Acts and Res. Prov. Mass. Bay, vol, v. p. 629 et seq. 72 THE CHANDLER CONFISCATION Worcester, April 18, 1777. To tlie Honorable Levi Lincoln, Esq' Judge of Pro- bate for the County of Worcester. The Committee of Correspondence, Inspection & Safety for this Town, would inform your Honor, that Agreeable to a late act of the Great and Gen- eral Court of this State, to prevent waste, destruc- tion, or embezzlement of the Estates of those persons who have left them & fled to the enemy and as by said act information must come to the Judge from the Selectmen or Committees of said Towns where said Estates are . . . The Committee for this Town in conformity to said Act would inform your Honor, that John Chandler, Esqr. has absented him- self, leaving a wife & family, that James Putnam, Esqr. has absented himself, with his whole family excepting one negro man. . . . That Rufus Chan- dler has absented himself with his wife leaving one child. . . . That Doctr. William Paine has absented himself & since sent for his wife leaving one child, ... all which persons except Mrs. Paine have been absent more than three months & said Committee verily believe have fled to the enemy. By order of the Committee of Correspondence &c for Worces- ter. John Cunningham, Chairman. The section of the act under which this certificate is drawn requires the certificate to be under the hands of the major part of the selectmen or com- mittee of correspondence, etc., authorized to make THE PROBATE FILES - 73 it, and the law also demands that the officers mak- ing it should set forth : 1st, that the refugee was an inhabitant of their town ; 2d, that he had been absent for three months or upwards ; 3d, that he left real or personal estate, within the state, to the value of twenty pounds or more ; dth, that those who furnish the certificate, upon the best informa- tion they can obtain, verily beHeve that the absent person went to the enemy ; 5th, that this act was voluntary on his part ; 6th, that he was still absent ; 7th, that he was out of the state at the time when the certificate was drawn up. This certificate totally fads to come up to the first requirement of the act. It was not under the hands of the major part of the committee of correspond- ence, etc. Moreover, the committee seem to have been in error as to the necessary premises to give them power to act in the matter. They assert in the certificate that the information given to the judge must come from the selectmen or committee of the towns in which the estates of the refugee lie. The act does not require that the estates should lie in the town, but does require that the absentee should have been an inhabitant thereof. The certificate does not set this fact forth. It also fads to allege that the abandoned estate within the state was worth twenty pounds or more. The fact that the belief on the part of the committee that the absentee went to the enemy was based upon the best intelligence they could obtain is not averred, nor is the important fact alleged that his flight was 74 THE CHANDLER CONFISCATION voluntary. The certificate does not specifically as- sert that the absentee was still absent from Worces- ter, nor that he was then out of the state. It may be said that some of these omissions were matters of inevitable inference from what was actually said, and that all of them, even the most important, were cui'rently believed. It cannot be doubted that all of these defects are merely technical, and that their occurrence in the certificate is to be ascribed to lack of skill on the part of the person who drafted the dociunent. Where jurisdiction of the courts could be acquired, in cases involving the right to the pos- session of so great an amount of property, by the mere assertion of belief to certain facts based upon the best information available, it would probably be asking too much to insist that the judges should have required a technical comphance with the law on the part of the committee, in order to gain juris- diction. It was to escape from the persecutions from his former friends and neighbors, from which he had already suffered, and which would inevitably have been continued unless he should abandon his polit- ical opinions, that Chandler, in the fall of 1774, sought safety in Boston, and it is not surprising, under these circumstances, that the omission in the certificate of the allegation on the part of the com- mittee that the flight was voluntary was overlooked by the judge of probate. Upon the filing of a certificate by the proper of- ficers, which should set forth the requisite facts, the THE PROBATE FILES 75 judge of probate was authorized and empowered to nominate and appoint a discreet person to be agent of the absentee. Such agent was required to file an inventory of the estate within three months, and was instructed to sell at public auction the per- sonal estate, except as otherwise provided for, and with the proceeds to pay creditors within the United American States. Any surplus remaining in the hands of the agent after such payments was to be paid in to the treasurer of the state. On the 7th of May, Joseph Allen was ap- pointed "Agent on the Estate of John Chandler, Esq." Allen filed a bond with two sureties, having a penalty of two thousand pounds lawful money, for the faithful performance of the duties which under the statute he was required to perform. It is through the date of this bond, and through the time fixed therein for the return of the inventory, that we are able to fix the time of Allen's appointment. The bond was dated May 7, and the agent bound him- self to file the inventory, which was, by the statute, required within three months of the appointment, "at or before the seventh day of August next ensu- ing." The bond, which is number 2 on our list, was drawn up with skill, but the blanks left to be filled in on execution still bear witness to the carelessness or incompetency of those who supervised this act. It was provided in section two of the act to pre- vent waste, etc., that persons should be appointed and sworn to appraise the estate which should come into the hands of the agent in the same manner as 76 THE CHANDLER CONFISCATION was then required in the settlement of the estates of deceased persons. The next four papers from the files are orders of the probate court appointing appraisers in Worcester, in Hampshire County, in Leominster, and in Royalston. Upon each of these documents the jurat certifying the oath which was administered to the respective appointees is duly entered.^ The appraisers were ordered severally to appraise the property in lawful money, and to make their returns as soon as conveniently might be. Special instructions were given to the Worcester appraisers as follows : " If the said absent person left a wife behind him or family you are to apprize the bedding utensils and implements of household furniture every article separately by itself, and if there are any in the family of the sd John Chandler Esqr. which he was obliged to support, who are not able to maintain themselves, you will return their names with their several inabilities and the sup- port they stand in need of." In the instruments themselves, these orders of appointment are termed warrants. The document which was issued to the Leominster appraisers contains not only the original warrant and the jurat, but also bears the return of the appraisers. There being but one piece of land in Leominster, the appraisers immediately upon ap- ^ In the warrant of the Hampshire County appraisers, the first of the appointees is named John Cutting. The oath to perform the duties was according to the jurat administered to John Kirkland. There is nothing in the papers to explain this. Kirkland is described in the jurat as " one of the appraisers." THE PROBATE FILES 77 pointment made their return, and recorded the same upon the warrant itself. The special instructions to the Worcester apprais- ers, heretofore quoted, were in recognition of the rights accruing to the family under the fifth section of the act to prevent waste, etc. Judges of pro- bate were, by that section, authorized and empow- ered " to allow bedding, utensils and implements of household furniture, necessary to the upholding of life, for the use of the wife and family of the ab- sent person." The judge could " also assign to the wife the use and improvement of one third part of the real estate, during the absence of the husband." The seventh document of the files is a petition to the judge of probate, on the part of Mary Chan- dler, November 20, 1778, requesting him to use the power lodged in his hands by the act, and assign to her one third part of the improvement of her said husband's real estate, during his absence. This petition was not granted by the judge, and as the family at this time must have been dependent upon the estate for support, we must look elsewhere for authority for the agent to apply any part of the in- come of the estate for this purpose. This is to be found in the resolve passed June 25, 1776, author- izing committees of correspondence having estates of refugees in their possession to allow for the sup- port of the famiHes so much of the improvements as, combined with the industry of the families, would provide for their comfortable support.^ In * Acts and Res. Prov. Mass. Bay, vol. v. p. 711. 78 THE CHANDLER CONFISCATION the act to prevent waste, etc., in the eleventh sec- tion, similar power is lodged in the hands of the judge of probate. He was authorized to allow out of the rents and profits of the estate, for the better support of those persons remaining in the state and demeaning themselves as faithful subjects, whom the absentee was obliged to support, such sum of money as he should judge reasonable, having regard to their ability to support themselves. The instruc- tions to the Worcester appraisers show that the judge, in drafting them, had this section in mind. The appraisers were to return the names of those in the family unable to support themselves, with their several inabilities and the aid of which they stood in need. The next documents in the files are the returns of the appraisers, other than those appointed from Leominster, whose return was made at once on the warrant of appointment. The Royalston apprais- ers, November 28, 1778, estimated the value of the real estate there at £1100. The Hampshire County appraisers first made a return of the value of the property in 1774, 1775, but the agent objected to this, and they then added what they supposed to be the additional value of the lands in December, 1778.^ The general effect of this was to increase the valuation nearly three and one half fold. ^ This Hampshire County property was the subject of protracted controversy before the General Court. It was originally purchased from the Province at public auction and conveyed by the purchaser to four grantees, Chandler being one. The purchasers petitioned for a rebate from the purchase price, and the matter was compromised THE PROBATE FILES 79 The returns of the Worcester appraisers of the real and personal estate are in separate parts and carry two dates. The detailed inventory of the personal property bears the inscription, '^ Done at Worcester, April y" 7, 1777." The return of the real estate in Worcester and vicinity is dated Janu- ary 9, 1779. Accompanying these and forming a part of the same document is the jurat entered by the judge of probate, March 17, 1779, which sets forth that the agent then made oath that the foregoing inventories together constituted a just and perfect inventory of all the estate of the said absentee, except the rents of the real estate and the proceeds of the sale of the stock. The several inventories above alluded to are contained in the papers numbered as follows : the Leominster return, 5 ; the Royalston return, 8 ; the Hampshire County return, 9; the Worcester return, 11. The oath of the agent is probably in- by an additional grant of land. There was afterwards a lengthy dis- cussion before the general court as to the duty of the proprietors to construct a bridge over Westfield River, the details of which are given, Acti and Res. Prov. Mass. Bay, vol. v. p. 1231 et seq. All of the proprietors but one were absentees, and the discussion resulted in the passage of an act, June 19, 1779, authorizing the Court of General Sessions of the Peace to build the bridge. The court was further authorized, if it was found to be necessary, to sell enough of the lands to pay for the bridge. Acts and Res. Prov. Mass. Bay, vol. V. p. 1069. They apparently did this, for a deed made by the Clerk of the Peace for the County of Hampshire in consequence of the Act of June 19, 1779, was subsequently declared void by the general court. Laws and Res. of Mass. 1780-81, ch. 56, p. 248. June 28, 1781, Lot No. 9 of the Murrayfield property was granted to Thad- deus Newton. Laws and Res. of Mass. 1780-81, ch. 1, 1781, p. 479. 80 THE CHANDLER CONFISCATION tended as a substitute for the one that he was re- quired to make, under the second section of the act to prevent waste, etc., to an inventory which it was his duty to file within three months from the time of his appointment. A comparison of the date of the appointment of the Worcester appraisers with the dates on the in- ventory returned by them shows that the detailed inventory of personal estate was made up a month before the warrant of appointment was issued, and two days before the passage of the act to prevent waste, etc., under which, by the terms of the ap- pointment, they were to act. It is clearly the inten- tion of the act that appraisers should be sworn to the faithful performance of their duties before actu- ally entering upon their work, but in this case they apparently proceeded to inventory the real estate, and after filing this and simultaneously filing the inventory of personal property previously prepared, they swore that " in executing the trust reposed in them they acted faithfully and impartially according to their best skill and judgment." The evident desire of the parties concerned in these proceedings to take no steps which were not sanctioned by some existing law calls for an exami- nation, at this point, of the possible authority for the action of these appraisers in thus taking posses- sion of the personal property at this early date. A review of some of the legislation already re- ferred to which bears upon this question, and which was enacted prior to the passage of the act to pre- THE PROBATE FILES 81 vent waste, etc., is necessary at this point, in order that we may know what officers were entitled at this time to take possession of the estate and to make an inventory of the personal property. On the 19th of April, 1776, the committees of correspondence, safety, and inspection of those towns in which there was any property belonging to refugees were, by resolve, instructed to take posses- sion of such estates, to lease the real estate for the benefit of the colony for one year, and to return in- ventories of the personal estates which should come into their possession. From the effects of this re- solve, estates which had been conveyed by refugees to persons friendly to the colony prior to March 22, 1775, were excepted. This resolve was not passed by the council until April 23, but it is occa- sionally referred to under the date of its passage in the house as above. There were other resolves passed after this date and prior to the passage of the act to prevent waste, etc., which touched upon the question of the man- agement of the property of trustees, but they were either merely explanatory or local in their character. From the 23d of April, 1776, until the 9th of April, 1777, the resolve known as the House Resolve of April 19 stood upon the statute books as the only source of the authority under which any per- son was authorized to take possession of the pro- perty of refugees elsewhere than in Boston. The inventory of personal property must, therefore, have been prepared originally for " the Colony," by the 82 THE CHANDLER CONFISCATION Worcester committee of correspondence, under that resolve.^ The paper numbered 10 in the series received from the probate office is headed " An Inventory of the real Estate of John Chandler, Esqr., late of Worcester an absentee as contained in several in- ventories taken by appraisers appointed for that purpose." It has no signature attached to it and bears no date, except one which forms a part of the Hampshire County return. It contains all the real estate and must, therefore, have been prepared after all the returns were filed. The total footing of the estimated value of the Leominster and the Worces- ter real estate is given as <£27,040, but the correct addition of the several items is £26,040. On the 17th of March, 1779, Mary Chandler re- newed her petition for the assignment to her of the use and improvement of one third of the real estate of her husband, alleging as a reason for her reap- pearance in court that the anxiety and solicitude attending the long suspense she had been in rela- tive to the premises were very disagreeable to her, for which, as well as other reasons, she was moved to make this request, which, if granted, would be of * The Worcester appraisers were Samuel Curtis, Nathan Perry, and Samuel Miller. The committee of correspondence, etc., elected March 14, 1777, was composed of John Cunningham, William Stearns, Samuel Miller, Samuel Brown, and Josiah Pierce. Collec- tions Worcester Sac. of Ant., vol. iv. p. 289. Miller was the only ap- praiser who was a member of the committee of correspondence, etc. Curtis was an assessor that year. Perry was selectman, and had 60 votes out of 61 cast at the town meeting for county treasurer. THE PROBATE FILES 83 essential service to her, as a permanent security for the support of herself and her orphan family. This petition, which is document number 12 on the list, must have been based on the act to prevent waste, etc., that being the only act existing at that date under which the judge of probate had the power to make such an assignment. The rights which she could acquire under that act were limited in their duration to " the absence of her husband." It is pathetic, therefore, to note that she asks for the assignment as a permmient security for the sup- port of herself and family. An explanation of her abandonment, at this time, of all hope that her hus- band might be permitted to return to his former home is to be found in the passage, on the 16th of October, 1778, of the "Act to prevent the return to this State of certain persons therein named, and other persons who have left this State, or either of the United States, and joined the enemy thereof." * John Chandler belonged to the class of persons who were considered of enough importance to be " therein named." His absence, therefore, must necessarily, after the passage of this act, have been regarded as permanent. On the 29th of April, 1779, the agent filed an account, number 13 on the list, charging himself with what he had received from leases during the then current year, and taking credit for disburse- ments made in behalf of the estate. On the 4th of May, oath as to the accuracy of the account was 1 Acts and Res. Prov. Mass. Bay, vol. v. p. 912. 84 THE CHANDLER CONFISCATION administered by the judge of probate, and the ac- count was duly allowed, and the agent was ordered to pay over the balance to the treasurer of the state. This action was taken in pursuance of a resolve of the general court, passed February 19, 1779, in which those agents who had not made up inventories were ordered to do so immediately. They were also required to make up their accounts with all possible expedition, and after deducting such allowance to the wife, widow, or family of the refugee as the judge of probate might have ap- proved, to pay over the balance to the treasurer of the state.^ The next paper, number 14, is an order of the probate court appointing three commissioners to ex- amine claims of creditors against the estate and re- port thereon at or before September 1, 1780. It does not appear when these commissioners executed their trust and filed their report, but there is a jurat attached to the order of court by Joseph Wheeler, a justice of the peace, certifying that in May, 1782, the within-named commissioners made solemn oath that in executing the trust reposed in them by vir- tue of the commission they acted faithfully and im- partially according to the best of their skill and ^ Acts and Res. Prov. Mass. Bay, vol. v. p. 1000. Mass. Arch., vol. 221, no. 146 ; Printed Resolves, res. cxcv. In this account the agent charges himself with rentals received from lessees in Worcester and Hampshire counties. Special authority had been given him to lease certain real property for one year at a rental to be approved by the selectmen of Worcester. Resolves of the General Assembly of the State of Massachusetts Bay, res. xxvi., April 9, 1778, p. 6. THE PROBATE FILES 85 judgment. The order appointing the commission- ers bears evidence of having been drawn up under the fourth section of the act to prevent waste, etc., which authorized the appointment of commissioners in this way in case the estate of the absentee was insolvent. The commissioners were required under this section to advertise the times and places of their meetings in such papers as the judge of probate should direct, and were to make their report in six, twelve, or eighteen months, at the discretion of the judge of probate. This report was required to be sworn to. All of these requirements were set forth in the order. Colonel Chandler's estate was not insolvent. The general evidence bearing upon this point is satis- factory enough, but if we need testimony that the estate was then regarded as solvent, it is to be found in one of the papers already reviewed. In the ac- count of the agent, the paper submitted just before the one we are considering, he incorporates the phrase, " excepting what has been allowed by the honorable judge of probate to the wife and family of the absentee." This allowance the judge was authorized to make under section eleven of the act to prevent waste, etc., in cases where the estate of the absentee was not insolvent. It follows, therefore, that notwithstanding the evident fact that the order appointing the commissioners, with its instructions as to advertising and its requirements that the list of claims should be under oath, etc., was drafted under section four of the act to prevent waste, etc.. 86 THE CHANDLER CONFISCATION the authority for their appointment was not derived from that act. It is to be found in the third sec- tion of an act in addition to an act to prevent waste, etc., passed October 16, 1778.^ This section simply authorizes the appointment of such commissioners, whether the estate is insolvent or not, without re- quiring any special method of procedure on their part, or limiting in any way the time in which they may perform their duties. The act is, however, by its terms a mere addition to the act to prevent waste, etc. It has been seen that Mrs. Chandler twice peti- tioned the probate court to have assigned to her the use and improvement of one third part of her hus- band's real estate. She was entitled, under the act to prevent waste, etc., to so much of the household property as was " necessary to the upholding life." So far as the real estate was concerned, the judge of probate had power given him under that act to assign to her use and improvement one third part of the real estate " during her husband's absence." The exercise of this power was, however, discretion- ary on his part, and he had evidently preferred to make use of the alternative power given him in the same act to make her an allowance out of the rents and profits of the estate. In May, 1779, the " Act for confiscating the estates of certain persons com- monly called absentees " ^ became a law. Under the ninth section of that act, Mrs. Chandler, having * Acts and Res. Prov. Mass. Bay, vol. v. p. 911. 2 Acts and Res. Prov. Mass. Bay, vol. v. p. 968. THE PROBATE FILES 87 remained continuously within the jurisdiction of the United States, became entitled to the improvement and income of one third part of the husband's real and personal estate (after payment of debts) during her life and continuance within the said United States. Her right to this part of the income and improvement of the estate was not only clear, but the language of the act was imperative that the pro- perty should be set off to her. " Her dower there- in," says the statute, referring to a wife situated as was Mrs. Chandler, " shall be set off to her, by the judges of probate of wills, in like manner as it might have been if her husband had died intestate, within the jurisdiction of this State." ^ It was under this section that the judge of pro- bate, on the 12th of October, 1779, appointed a committee to appraise the real estate and to set off to Mary Chandler, the absentee's wife, one third part of the said real estate, so as may be convenient for her, for her dower therein during her life and continuance within the United States of America, and what the committee so set off they were to describe by plain and lasting metes and bounds, that so confusion might be prevented upon the reversion of the dower. The committee was instructed to give notice to all concerned, and if all parties were satisfied with their proceedings, they were to signify the same by countersigning. Their commission was to be sealed up with their report and returned with all convenient speed to the register's office of pro- * Acts and Res. Prov. Mass. Bay, vol. v. p. 971. 88 THE CHANDLER CONFISCATION bate by one of themselves. This warrant appoint- ing the committee is the 15th paper in the series, and bears the jurat of the judge of probate certify- ingf that the several commissioners made oath to the faithful execution of the trust reposed in them on the 6th of December, 1779. The next document, number 16, is the report of the commissioners, dated December 6, 1779. They estimated the value of the real estate at .£76,515, more than double that given in the previous ap- praisal, and they set off to the wife as the third part of the real estate, the homestead, two pastures, a farm, a wood-lot, a pew in the meeting-house, and a ten-acre lot on the Paxton road, all of which they estimated to be worth .£25,505, exactly one third of the value assigned by them to the total real estate. They stated that the land and buildings thus set off were all in the town of Worcester. Be- neath the signatures of the commissioners the words " We consent " were written, and these were fol- lowed by the signatures of Mary Chandler and Joseph Allen, " Agent on the estate of John Chan- dler Esq. an Absentee." Then follows the order of the judge of probate, February 8, 1780, setting off the above-mentioned estate to Mrs. Chandler for and during the term of her natural life and continuance within any of the United States of America. These commissioners had nothing to do with the personal estate. An allowance of one half the household goods for the use of Mrs. Chandler had THE PROBATE FILES 89 already been made by the agent, as appears from a report subsequently made by him. A third valu- ation of the real estate at an earlier date was made by Chandler. The values given in these several inventories are not reconcilable with any theory as to the value of real estate in Massachusetts, nor if by " lawful money " the appraisers understood cur- rency, with the depreciation of the currency at the alleged dates of the later appraisals. The question of the meaning of these returns has been discussed elsewhere, and at this point nothing further need be said. The 17th paper on the files is an annual report of the agent, bearing no date itself, but containing the certificate of the judge of probate. May 20, 1780, that the agent on that date swore to the truth of the account and that the same was allowed by the court. The balance the agent was ordered to pay into the treasury of the state, " agreeable to a resolve of the great and general court for that purpose." The resolve referred to must have been the one passed February 19, 1779, which, so far as agents already duly appointed by courts of probate were concerned, merely ordered them to pay in the money " as the law . . . directs," thereby referring to the act to pre- vent waste, etc.^ Number 18 is the report of the commissioners appointed to examine the claims of creditors against the estate. The report is dated December 25, 1781, but has attached to the list of claims a certificate of 1 Acts and Res. Prov, Mass. Bay, vol. v. p. 1000. 90 THE CHANDLER CONFISCATION allowance of claims against the estate, dated January 1, 1782, signed by the commissioners, and an order of the court of probate accepting and allowing the report, dated May 7, 1782. The report is signed by the commissioners who were appointed September 1, 1779, and who, as it appears in document number 14, made oath in May, 1782, that they had faith- fully executed their trust. The two papers, 14 and 18, were evidently before the judge at the same time, and the endorsement of the jurat was made on number 14. The oath is thus thrown out of its proper chronological sequence. Numbers 19 and 20 are certificates that a certain amount is due from the estate to the claimants respectively named in the certificates. The papers are alike in form and recite the appointment of the commissioners. They each contain an allegation that the full amount of the claims is so much in silver, and that the sum of so much is due to the claimant named in the certificate. The claim described in number 20 is mentioned in the re- port which is number 18 of our list, and the total amount of claims given in this certificate agrees with the amount stated in that report. The other, number 19, refers to a claim not to be found in number 20, and gives a different sum as the total amount of claims ao:ainst the estate. From this it is evident that the commissioners made more than one return. Both certificates are dated May 20, 1782, and in both the money used is silver at the rate of six shilhngs and eightpence per ounce. THE PROBATE FILES 91 These certificates were issued under authority con- ferred by the act to provide for the payment of debts due from the conspirators and absentees and for the recovery of debts due to them, passed March 2, 1781.1 Number 21 is a bond of indemnity running to the judge of probate, given by a creditor of the estate with two sureties, and is dated May 20, 1782. It recites the fact that the committee appointed in the act to provide for the payment of debts, etc., had, under the authority conferred by that act, and by the addition to the act, paid to the creditor a claim allowed against the estate. If the estate should prove to be insolvent, the principal and sure- ties agreed to pay back " the rateable proportion " of the claim, so that aU the creditors might receive in proportion to their just demands. The authority for this proceeding is to be found in the " Act in addition to an act entitled An Act to provide for the payment of the debts," etc., which was passed May 15, 1781, in which the committees were author- ized to make such payments, provided the creditor gave his bond with sureties to refund and pay back his ratable part and proportion in case said estate should prove insolvent.^ Number 22 is a reappointment, January 10, 1782, 1 Laws and Res. of Mass. 1780-81, ch. 50, p. 115 et seq. This volume is cited by the binder's title to distinguish it more readily from the Acts and Resolves of the Province of Massachusetts Bay. It is the first of a series of reprints of the laws and resolves of the state now being issued. 2 Laws and Res. of Mass. 1780-81, p. 124, ch. 53, May 15, 1781. 92 THE CHANDLER CONFISCATION ^ of the commissioners to examine claims against the estate not before examined. It purports to have been made under authority conferred by a resolve of the great and general court dated March 7, 1782. There are numerous resolves and acts, passed from time to time to cure defects in the various acts and resolves under which these proceedings were conducted, and it happens that there was one, the date of which, in the published laws of the state, is given as March 7,^ but this deals with the question of leasing the estates by the committees appointed to sell them. There is, however, a resolve dated March 8, 1782, which seems to be the one that cov- ers the case.^ There is no endorsement on number 22 to show that the reappointed commissioners declined to serve, but the fact that number 23 is a warrant ap- pointing a fresh board of commissioners to exam- ine new claims against the estate would make this probable. The date of number 23 is February 6, less than a month after the reappointment of the old board. Three citizens of Worcester are ap- pointed therein to receive and examine claims not before examined and allowed. It is evident that one of these gentlemen refused to serve, for on the 20th of February a second warrant, number 24, was issued, naming, as commissioners, two of the 1 This was an instruction to the committees for the sale of the estates of absentees to lease any of them for the ensuing year. Laws and Res. of Mass. 1780-81, p. 925, ch. 524, March 7, 1782. 2 Laws and Res. of Mass. 1780-81, p. 919, ch. 514, March 8, 1782. THE PROBATE FILES 93 gentlemen appointed in number 23 and substituting the name of another citizen of Worcester in place of the third. The report of the commission, dated May 20, is attached to the warrant, and bears the jurat of a justice of the peace, dated June 3, 1783, certifying that the commissioners made oath that in executing the trust they acted faithfully and impar- tially according to their best skill and judgment, and the allowance by the court, October 7, 1783. The judge also appends a certificate that the report has been forwarded to the governor and council. Number 25 is another bond of indemnity dated March 1, 1783, similar to number 21. Number 26 is an order of the court of probate accepting and allowing the report of the commis- sioners reappointed to receive and examine claims against the estate. It is dated October 7, 1783, and refers to the report, dated May 20, attached to number 24. Number 27 is the report of Joseph Allen, agent on the estate of John Chandler, Esqr., an absentee. The agent charges himself in June, 1777, with cash received from the sale of cattle and with cash received from the committee of correspondence, etc., of the town of Worcester. He also charges him- self with sundry obligations given to the committee of correspondence which he had collected. These were evidently on leases.^ The balance in his hands 1 The resolve of April 19, 1776, authorized committees of corre- spondence to lease real property for one year, and instructed them to return an inventory of the personal property. The agent charges 94 THE CHANDLER CONFISCATION May 3, 1779, was £425-6-3, which he converted into £34-13-3 silver. The balance in his hands February 3, 1784, was £68-15-8, which he then apparently j)aid into court. There is an entry of this latter date which is in the form of a certificate to the effect that the agent made oath to the truth of the account ; that the account was allowed ; that the money had been received ; and that the agent was discharged. This lacks any signature, but was presumably prepared for the judge of probate. Number 28 is a receipt taken by the register of probate, April 14, 1785, on surrender of a certifi- cate of a claim against the estate. Number 29 is a certified copy of a resolve of the general court, June 15, 1785, authorizing the appointment of commissioners to examine the claim of Thaddeus and William Maccarty, the same to be paid, if allowed, out of the part of the estate set off for dower. Number 30 is a warrant, dated June 1, 1787, ap- pointing commissioners to examine this last-men- tioned claim.^ It bears the jurat of a justice of the himself with cash received in June, 1777, from sale of cattle at ven- due. These sales were probably effected under special authority conferred by resolve passed December 26, 1776, authorizing the Worcester committee to sell certain stock at public vendue. See contemporaneous publications of the resolves, December, 1776. For some reason Allen petitioned the general court for instruc- tions as to leasing certain real property in 1778, and on the 9th of April was authorized to effect the leases at a rental to be approved by the Worcester selectmen. Resolves of the General Assembly of the State of Massachusetts Bay, res. xxvi., April 9, 1778, p. 6. ^ On the 4th of June, 1785, John Chandler Williams was, by re- THE PROBATE FILES 95 peace, dated July 9, 1787, certifying that the com- missioners made oath that they would act faithfully and impartially according to their best skill and judgment in receiving and examining the claim, and also the report of the commissioners on the 10th of July, 1787. With this paper our review of the case, so far as the probate files are concerned, must cease. The action of the general court in ordering the Mac- carty claim to be satisfied out of the dower estate will recall to those who have noted the peculiarities of the different statutes that the act to prevent waste, etc., provided that the allowance to the wife should be assigned as in the case of administration upon the intestate estates. That is to say, debts must first be paid. Under the Confiscation Act her allowance was to be set off after payment of debts. Under the " Act to provide for the payment of debts," etc., one third of the real estate was to be set off to her, and creditors were to take their chances out of the two thirds. Under this special act the dower estate was to pay the whole of the claim. solve of the general court, authorized to present a claim against the estate. If allowed, it was to be paid out of the dower estate after two years from February 11, 1785. Laws and Res. of Mass. 1784- 86, ch. 9, p. 630. The Maccarty claim was in a similar way author- ized to be presented by resolve on the 15th of June. Laws and Res. of Mass. 1784-85, ch. 25, p. 638. In 1782, a claim of John Cunningham had been allowed by resolve of the general court, provided the estate paid all other creditors. This was not payable out of the dower estate. Laws and Res. of Mass. 1782-83, ch. 7, p. 190. CHAPTER VI THE COURT RECORDS AND THE ARCHIVES The records of the Inferiour Court of Common Pleas are now in the custody of the clerk of the Superior Court. From these it appears that at a term of the court held in Worcester in September, 1779, Levi Lincoln of Worcester, in the county of Worcester, attorney for the late government and people of the State of Massachusetts Bay in New England, and now the Commonwealth of Massachu- setts, having been specially appointed for that pur- pose, came into court and made two complaints against John Chandler, in both of which he set forth that a certain state of facts existed which evi- dently brought Chandler within the definition of those against whom the Confiscation Act was di- rected.^ He further alleged in each complaint that on the 1st day of January, 1775, Chandler was seized and possessed, and was then entitled to be seized and possessed, of certain real property fully ^ The complaints were based upon Chandler's flight to Boston, his remaining there after April 19, 1775, and his departure therefrom after April 19, 1775, to Great Britain, without permission of some legislative or executive authority. These substantial facts are true, but the dates given in the complaints are all wrong. THE COURT RECORDS AND THE ARCHIVES 97 described by metes and bounds in the two com- plaints, tbe one covering the property in Royalston, the other covering land in Worcester and neighbor- hood, and pews in the meeting-house. The com- plaints then allege that, " by force of the premises and the law of this State intituled ^ An Act for confiscating the estates of certain persons commonly called absentees' the said several tracts of land with their appurtenances ought to escheat, enure and accrue to the sole use and benefit of the gov- ernment and people aforesaid." The cases were continued to the session of the court in December, 1779, and the clerk of the court was ordered to make out a notification that claimants to the estate might then and there enter their claims. At the latter term of court, a deputy sheriff made return of said notification ; that in Royalston, there being no mansion house, he had posted it in a public place in the town ; in Worcester he had left it at the mansion house. No person appearing at this term to take upon him the de- fence of the suits, they were continued to the March term, 1780, at which time John Sprague appeared for the defence and the cases were continued to the June term, when Sprague appeared again. The cases were then continued to the September term, Sprague still appearing in the record as representing the defence. The cases were then continued to the December term, when defaults were taken. The following order was then entered in each case : " It is by the court considered that the said John Chan- 98 THE CHANDLER CONFISCATION dier is guilty in manner and form as alleged against him, and that the lands, tenements and heredita- ments described in the said complaint, with the ap- purtenances, privileges and easements thereunto belonging are forfeited and do escheat, enure and accrue to the sole use and benefit of the Common- wealth of Massachusetts ; and that a writ of habere facias possessionem issue in behalf of the Common- wealth aforesaid to cause them to be seized and possessed of the same."^ The Royalston estate described in the complaint comprises all the lots mentioned by the appraisers, and they can be identified by their numbers, with the exception that in the complaint the number of one of the lots is given as 91, while in the appraisal it is given as 90. There are, in addition, in the com- plaint fractional interests in lots amounting to about fifty-five acres. The property described in the Worcester com- plaint evidently includes all of the dower property. The writs of habere facias possessionem were duly issued. They were dated January 24, 1781, and were returned as executed, putting Levi Lincoln in possession, that which covered the Royalston pro- perty February 10, 1781 ; that which covered the Worcester property February 24, 1781.^ Mrs. ^ The complaint is drawn up under section four of the act for con- fiscating the estates of certain persons commonly called absentees {Acts and Res. Prov. of Mass. Bay, vol. v. p. 968), and the notification and service of the same are in accordance with the provisions of the Bame section. 2 See London transcripts, post. THE COURT RECORDS AND THE ARCHIVES 99 Chandler, being then alive, still retained possession of the property which had been assigned to her use. In September, 1783, she died, and on the 4th of October the general court authorized seven of the children to take possession and improve for their advantage that part of the real estate of their father, lying in Worcester, that was set off to their mother for the support of her and the children, until the further order of the general court.* On the 2d of July, 1784, the general court or- dered all confiscated estates to be sold by auction.^ This, of course, included the estate which had been allotted to the children until further order of the general court, but this was rectified by the passage, on the 11th of February, 1785, of a resolve con- tinuing in force the resolve of October 4, 1783, which had authorized Charles Chandler and others to take possession and improve a part of the estate of their father for the space of two years from the date of February 11, 1785, the resolve of July 2, 1784, notwithstanding.^ It was while the family was in possession under this extension of the resolve of October 4, 1783, that, by special legislation, John Chandler WilHams and Thaddeus and William Mac- 1 The names of the seven children are given in Laws and Res. of Mass. 1782-83, p. 744, Resolve on the petition of Charles Chandler and others, ch. 15, October 4, 1783. In this list the name of Samuel Chandler is included. The same resolve is published in the contem- porary publication of the Resolves of the General Court of the Com- monwealth of Massachusetts in New England, Boston, 1783, p. 47, but the name of Samuel Chandler does not appear. ^ Laws and Res. of Mass. 1784-85, ch. 58, p. 234. * Laws and Res. of Mass. 1784-85, ch. 46, p. 343. ILofC. 100 THE CHANDLER CONFISCATION carty were authorized to prove claims against the estate, the same to be satisfied, if allowed, out of the dower estate, after the two years should have expired/ On the 10th of June, 1786, on the petition of the children to the general court that the part of their father's estate which had been assigned and set off to their mother as her third be granted and confirmed to them in fee simple, it was resolved "that the prayer of the petition be so far granted that they have conferred unto them, and hereby are seized and possessed in fee simple as tenants in common, of all that part of their father's real estate which was assigned and set off to their mother for her thirds (excepting a certain parcel thereof which hath been described and granted to the county of Worcester for the purpose of erecting a goal thereon), the petitioners paying and discharging all those debts due from the said estate which have not already been paid." ^ This resolve was, on the 23d of June, repealed, and a new resolve was passed set- ting forth that the resolve recently passed failed of its beneficial intent, and putting the same parties in 1 Laws and Res. of Mass. 1784-85, eh. 9, p. 630, and ch. 25, p. 638. 2 Laws and Res. of Mass. 1786-87, ch. 13, p. 278. The gaol lot was granted to the county of Worcester on petition of the justices of the court of general sessions, February, 1785, by resolve of the general court. Laws and Res. of Mass. 1784-85, ch. 58, p. 349. The lot stood on what is now Lincoln Square, and the brook, which is now converted into a city sewer, is called Swift River in the re- solve. The title vested in the county so long as the county should continue and maintain a public gaol thereon, or should rebuild the same. THE COURT RECORDS AND THE ARCHIVES 101 possession of the same property, they " paying and discharging all those debts due from the said estate, which have not already been examined and allowed by the commissioners on the same, as reported to the judge of probate for the said county."^ There is not enough information to be extracted from the papers connected with the case to fully explain the meaning of the change in this resolve. Copies of these Court Records are numbered 31 and 32 in the calendar. There are ten papers in the " Massachusetts Ar- chives," most of them being of little value. Number 33 is a return to the general court. May 26, 1777, pursuant to the requirements of the resolve of "April 19, 1776," made by the committees of correspond- ence, safety, and inspection of Murrayfield, showing what had been accomplished in the way of selling the personal property of Chandler left in that town, and reporting a lease of real estate for one year. Number 34 is a report of the judge of probate, May 8, 1782, to Governor Hancock, embodying the report of the commissioners to receive and examine claims, which appears as number 18 in the papers of the probate files. Number 35 is a certificate of the judge of probate, May 20, 1782, as to a claim. Number 36 is an extract from a list of the names of agents, forwarded June 8, 1782, by the Worces- ter register of probate in response to an order of the general court. 1 Laws and Res. of Mass. 1786-87, ch. 47, p. 292, June 23, 1786. 102 THE CHANDLER CONFISCATION Number 37 is a report to Governor Hancock, made by the judge of probate of Worcester County, October 7, 1783, that pursuant to a resolve of the general court bearing date March 7, 1782, certain commissioners to receive and examine claims had been reappointed. The substance of the report of the commissioners is given, by which it appears that the claims returned are those given in the report which has already appeared as number 24 in the papers of the probate files. Number 38 is a statement of account of the Chandler estate with the committee for the sale of absentees' estates in the county of Worcester. The names of four purchasers are given : Levi Lincoln, Hii-am Newhall, Solomon Goodell, and Silas Howe. The column of dates contains no entry except " April 20th, 1784," which has a line drawn through it. It is probably the date of the rendering of the account. The column of dates was evidently in- tended for the several sales. The entry there of the date of the account would be an error, and this would explain its erasure. This paper furnishes the last link in the chain of evidence relating to the disposition of the estate. We have the various acts of the agent and the committees from the seizure to the confiscation, and we now are able to lodge the title of a part of the real estate in the purchasers at the auction sale. There are two papers filed in the "Archives" under the same number as the foregoing statement of account. They are vouchers connected with the THE COURT RECORDS AND THE ARCHIVES 103 returns of the committee for the sale of the ab- sentees' estates in Worcester County, but there is no entry in the account with which they can be identified. The first of these, which is numbered 39, is a receipt of Gad Pierce. The second, which is num- bered 40, is a memorandum of expense connected with the sale of the Chandler farm to Levi Lincoln. Number 41 is a bill of the probate court of Worcester County, June 10, 1784. Number 42 is without date. It is a memorandum of the warrants drawn by the governor on the treasury in favor of creditors of the estate. CHAPTER VII THE LONDON TRANSCRIPTS The late Benjamin F. Stevens wrote concerning the papers in the Public Record Office which deal with claims for compensation for losses in the Amer- ican war, as follows : — " A history of the vicissitudes, losses, custody, and preservation of the Loyalists' books and papers in the Record Office would be as romantic as inter- esting. It has usually been assumed that the Com- missioners' Entry and Minute Books have been a fairly complete recapitulation of the papers pre- sented by the respective claimants, and these volumes of Entry and Minute Books have been consecutively numbered as if fairly complete. I have found a statement by one of the Commissioners to the effect that soon after the Board of Commissioners deliv- ered their books and papers to the Government, sev- eral volumes were stolen or lost. That is a hundred years ago. The remaining books and papers were repacked and stored in official custody until they came into the Public Record Office some forty or fifty years ago. When they were unpacked they seem to have taken their present consecutive numbering." ^ 1 Proc. Am. Ant. Soc, April, 1901, pp. 171, 172. THE LONDON TRANSCRIPTS 105 It was from these books and papers that Mr. Stevens caused the transcripts to be made with which we are about to deal. In the transcriber's note of contents the pagination refers to a MS. volume presented to the American Antiquarian Society. It was thought best to leave the list undisturbed, as the papers can be easily identified, and the calendar prepared for this volume gives them in detail by numbers. When Chandler arrived in England, he was, ac- cording to his own statement, penniless. In Sep- tember, 1776, he petitioned Lord George Germaine, principal Secretary of State for the American De- partment, that present support might be provided him. This petition is the first of the London transcripts, being number 43 in the calendar. There can be but little doubt that his case was favorably considered by Lord Germaine, as we know that during his residence in London he was in receipt of aid from the British government, and it is likely that this assistance began at that time. The grants then made to the refugees were regarded as merely temporary in their nature. The first were only for three months. Then as the war was prolonged they were renewed from time to time, and thus assumed the shape of quarterly grants. In the end they became regular annual allowances.^ 1 Historical View of the Commission for enquiring into the Losses and Claims of the American Loyalists at the close of the war between Great Britain and the Colonies in 1783, by John Eardley-Wilmot, London, 1813, p. 16. 106 THE CHANDLER CONFISCATION February 17, 1779, Chandler petitioned the lords commissioners of the treasury for a further con- sideration on their part of the peculiar hardships of his case, representing to them that the allowance he then received was not adequate for his support, and that he had been compelled to incur debts which he could not discharge. In this petition, which is the second of the London transcripts, number 44 in the calendar, he set forth at some length his former circumstances, and described the events which had compelled him to flee from his home. A hearing was given him on the 26th of October. The state- ments made in his petition were corroborated by certificates from General Gage, Governor Hutchin- son, Thomas Ohver, and Robert Auchmuty. These certificates are respectively numbers 47, 48, 49, and 50. In 1782 the pensions paid the refugees had as- sumed such proportions that the board of treasury appointed a committee to inquire into the cases of all the American sufferers, both of those who were already in receipt of assistance and of those who were claiming it, and to report their opinion thereon to their lordships.^ There can be but little doubt that the petitions and certificates already mentioned were copied for the benefit of this committee, and that the copies used by the committee are those which have been preserved. The wrapper enclosing these papers is endorsed " R. 6. Nov. 1782," i. e., received 6th ' Historical View of the Commission, etc., p. 18. THE LONDON TRANSCRIPTS 107 November, 1782. Apparently, Chandler availed himself of the opportunity thus afforded in the examination of his case to fortify it by the presenta- tion of two new certificates, a second from Robert Auchmuty and one from Thomas Flucker, secretary of the province. These are numbers 45 and 46. These papers are all from bundle 73, Audit Office, loyalist series, concerning which Mr. Stevens says, " The bundles of original papers in the Audit Office series, in which alone many of the claims for compensation can now be found, owing to the loss of some of the Commissioners' books, are of varying sizes and descriptions. Bundle 73, from which most of John Chandler's transcripts are taken, is approximately a cubic foot, and contains the papers of many claimants. The papers of each individual claimant are folded together, but otherwise there is no systematic arrangement. I have endeavored to give my transcript a chronological sequence." ^ The date which should be assigned to the foregoing papers would probably be November 6, 1782, the time when they were received by the committee. The exhibits which accompany the memorials are, as a rule, copies of papers used in former proceed- ings either in England or America. Hence they antedate the papers which they accompany and to which they are necessarily subordinate. If they were introduced in their chronological sequence, it would be necessary to separate them from the papers to which they were originally appended. This 1 Proc. Am. Ant. Soc, April, 1901, p. 175. 108 THE CHANDLER CONFISCATION would destroy the clues to the history of the case. Their introduction where they belong in the presen- tation of the case before the commissioners causes several instances of apparent violation of the chrono- logical sequence in the arrangement of the papers. These were of course unavoidable, unless all pretence of following the case as it came before the commis- sioners should be abandoned. The next transcript, number 51, is from folio 122, volume 105, of the loyalist series in the Audit Office. It is a record of a meeting of a board, whether of the committee under that style or of the lords of the treasury does not appear, but prob- ably the latter. It does not bear any date, but it evidently holds its proper place in the chronological sequence, for at this meeting the certificates, which have already been described, were introduced, and in addition Harrison Gray is quoted as having testi- fied to the same general purpose. The minute of the proceedings at this meeting is followed by a record of a decision recommending an augmenta- tion of <£50 in the future. This entry is the last of the transcripts which Mr. Stevens classifies under " Temporary Support." We now come to the prosecution of Chandler's claim before the commissioners appointed under the act, and the several papers in these proceedings which follow are put by Mr. Stevens under the heading of " Compensation." By far the greater part of them are from bundle 73, which has already been described. Beginning with number 52, all the THE LONDON TRANSCRIPTS 109 transcripts up to and including number 96 are ap- parently from this source, and were furnished by Chandler to the commissioners. Before entering upon an analysis of these papers, a word or two may perhaps be permitted as to the circumstances surrounding the birth of this commission, from which one can learn to appreciate the highly cred- itable actions of the British government in assum- ing the heavy obligation of remedying the wrongs inflicted by the several states upon the exiled loy- ahsts. The work of the treasury committee of 1782 was well advanced when the treaty of peace was concluded in 1783. Every effort of the British commissioners during the negotiation which pre- ceded the treaty having failed to secure from the United States an agreement to restore the property and protect the persons of the refugees, it was understood in England and foreseen by Parhament that the fifth article of the treaty, wherein it was agreed that Congress should recommend to the sev- eral states to take such action as would promote these results, would prove to be merely perfunctory, its insertion having been made solely to show the loyalists that they had not been forgotten. Parha- ment therefore took the matter promptly in hand and passed the " Act appointing Commissioners to enquire into the losses and services of such per- sons who have suffered in their rights, properties, and possessions, during the late unhappy dissen- sions in America, in consequence of their loyalty to 110 THE CHANDLER CONFISCATION his Majesty and attachment to the British Govern- ment." ^ The committee appointed by the Lords of the Treasury had under consideration 315 cases at the time of the passage of this act, and these "as unfinished business were turned over to the new Board of Commissioners." ^ Mr. Stevens gives an interesting account of the manner in which the commissioners conducted their meetings, which is of enough importance to be re- produced in this connection. " In the ordinary course," he says, " the Commissioners would exam- ine all the papers and then would lay aside the Memorial, one Schedule of Losses, when more than one, evidences, including affidavits, and perhaps one or two certificates to be copied into the Minute Book. The Commissioners by their own hands took down the oral evidence of the claimant and usually of two or three witnesses. These Hearing Notes would also be given in the Minute Book, and lastly the Commissioners' 'Determination,' usually about one page, recapitulating the principal points of their reasons for arriving at their decisions and stating the amount awarded."^ The volume of minutes covering this case is lost. It is not hkely, however, that it would have furnished much additional infor- mation, as the presentation of the case was so fully made by means of documentary evidence, such as the memorials of Chandler, sustained by affidavits 1 23 Geo. III. cap. 80. 2 Proc. Am. Ant. Soc, April, 1901, p. 173. 3 Proc. Am. Ant. Soc, April, 1901, p. 174. THE LONDON TRANSCRIPTS 111 and accompanied by copies of the Worcester papers. The amount of the final award, which is the only thing of importance that is missing, and which, of course, would not be found in the evidence, is pre- served in the entry in the Liquidation Book, vol. 109, and is given later in the transcripts. The first of the papers under the heading " Com- pensation," number 52, is a memorial of Chandler, dated February 9, 1784, addressed to the commis- sioners appointed by act of Parhament for in- quiring into the losses and services of the American loyaHsts. In this he briefly states the basis of his claim for losses by confiscation and refers to two documents attached as exhibits. These are a copy of the Worcester protest and a schedule of his property. The schedule follows next in sequence and is num- ber 53 in the series. He gives therein a detailed list of the several parcels of real estate owned by him, to which he adds a brief statement of the confis- cated personal property. A statement of losses of income from offices and from his store follows this. The valuation of the real and personal property foots up £11,076-13-6. In the heading of the schedule the words "Valued in Sterling" occur, and over the column of figures the word " Ster- ling " is written. There can be no doubt, therefore, as to the basis of this valuation. He makes no schedule of the debts due him, saying that he sup- poses they are secured to him by the treaty of peace, but he adds a list of the property concerning which 112 THE CHANDLER CONFISCATION he has no evidence of confiscation. A list of wit- nesses whom he desires to have called to testify to his loyalty and to his losses is appended. A supplemental schedule follows, dated March 15, 1784, making certain corrections, which, with allowances for losses of income, brings up the valu- ation of the estate to £16,566-13-6. In this he announces the death of his wife and adds the name of another witness to his losses. This paper is number 54. Then follow the affidavits of James Putnam, Joshua Upham, Abijah Willard, Ebenezer Cutler, and Daniel Murray in corroboration of the accuracy of the valuations set forth in the schedule. These are numbers 55, 56, 57, 58, and 59, and were all of them sworn to before the Commissioners of Amer- ican Claims at their office, Lincoln's Inn Fields, at different dates in July and August, 1784. Number 60 is a certified copy of the celebrated Worcester protest. The interest which naturally attaches to this document is increased in this case by the fact that the certificate is contemporaneous, having been made four days after the meeting by Clark Chandler, the town clerk, who was compelled to expunge the protest from the record, and who was publicly reprimanded for having entered it. The presentation of the case involved proof of loyalty and proof of loss through loyalty. The pa- pers which have already been examined were devoted to these topics. There was no occasion for further evidence as to loyalty or character, but the commis- THE LONDON TRANSCRIPTS 113 sioners were not willing to rely exclusively upon the evidence of the refugees and their friends in the proof of pecuniary losses. They therefore sent an agent to America to collect such useful information as was possible, and they required claimants to sub- mit proof of confiscation and of values procured from America. The papers which follow are in the main those procured by Chandler from the files and re- cords of Worcester and Hampshire counties. Many of them are duplicates of those which have already been reviewed, and there are also several duplicates among the papers in the Record Office. This was probably occasioned by the protracted consideration of the case by the commissioners, which led Chan- dler from time to time to appeal for a decision, and to accompany such appeals with a few exhibits, some of which were cumulative as evidence and some were merely dupHcates. Accompanying these copies of papers in America were certificates of clerks of courts and registers of probate to the accuracy of the copies, and in turn the right of these officers to give such certificates was authenticated under the seal of the state by the governor. The duplicates and the certificates we can eliminate from further consideration. Numbers 65, 66, 67, 68, 69, 70, 71, and 83 are duplicates of papers in the Worcester probate files ; numbers 73 and 74 are duplicates of the Worcester court records; numbers 75, 89, 96, and 100 are notes by the transcriber as to duplicates among the transcripts; and number 99 is a duplicate of a paper already given in the tran- 114 THE CHANDLER CONFISCATION scripts. Numbers 61, 81, and 86 are certificates by the governor, and number 72 is a certificate by the Worcester register of probate, all four certificates beino- of the formal character above mentioned. The court records of Worcester County furnish the judgments in the confiscation suits against land in that county. Hampshire is the only other county in which Chandler owned real estate. Number 63 is a copy of the judgment in the suit instituted against the estate in that county. It will be remem- bered that the Worcester suits proceeded to judg- ment under services of the writs by leaving a copy at the last and usual place of abode, or by posting a notice on the premises, and that in consequence of the amendment to the Confiscation Act, passed while the suits were pending, both these methods of service were made illegal, and were cured by special legislation. The Hampshire suit was not begun until after the passage of this amendment, and the difficulties experienced in the Worcester cases were avoided. Some regard to the facts was had in this case, in the allegations in the declaration. It is there alleged that Chandler fled from Worcester October 1, 1774 ; Chandler says, in one of his me- morials, that since September, 1774, he has not been able to procure any support from his estate. In another he says he fled from his home in November. In another he says that soon after the outbreak in Worcester in September, 1774, he found it neces- sary for his personal safety to fly for protection to Boston. It is quite likely that this event took place THE LONDON TRANSCRIPTS 115 about the time alleged in the declaration. The al- legation as to his withdrawal from the province into parts and places under the authority or control of the king of Great Britain is to the effect that he went " to HaUfax and to New York " March 30, 1776. In this suit Thaddeus Newton intervened, claiming to own lot number 9, but in the end New- ton permitted the suit to go by default. Copies of the writs of habere facias possessionem in the two suits in Worcester County were procured by Chandler and submitted to the commission. They are numbers 62 and 64. Each of these writs bears the return of the deputy sheriff that he has put Levi Lincoln, representing the commonwealth, in possession of the property. For some reason or other, a search was made against Chandler's name in the registry of deeds of Hampshire County, both as grantor and as grantee. The returns by the register, accompanied by the certificate of the proprietors' clerk as to the lots originally assigned Chandler, furnished complete evidence as to the real estate owned by him in that county. These papers are numbers 76, 77, and 78. Evidence of the sale of Chandler's property by the committees appointed to sell the estates of absentees was furnished. These certificates are numbers 79, 82, 87, and 88. Letters from Chandler, urging action, asking what further proof was needed, and adding exhibits to the great mass of papers abeady in the hands of the commissioners, were forwarded October 11, 1785, November 10, 1785, February 28, 116 THE CHANDLER CONFISCATION 1786. These are numbered 80, 84, and 85. The pensions of the loyalists were subject to forfeiture if they left Great Britain for a protracted period. In 1786, Chandler obtained a permit for the con- tinuance of his pension for the period of twelve months, during absence from Great Britain. He visited Halifax, where some of his family Hved, and in May, 1787, submitted a memorial to the commis- sion asking for an extension of the permit. This is number 90. While in AnnapoHs Royal, sundry papers connected with the claims against the estate were submitted to him. He repHed giving such information as he possessed with regard to the several claims. This correspondence and the papers connected therewith are given in numbers 91, 92, 93, 94, and 95. Volumes 81, 82, 83, loyalist series. Audit Office, contain a part of the papers connected with the report of John Anstey, who was sent by the com- missioners " to America to collect the laws of the several states against loyalists, lists of the proscribed persons, sales, court proceedings, advertisements, and, in short, to get such official and other informa- tion as he could obtain that would be useful to the Commissioners in checking or weighing the indi- vidual claimant's evidence." ^ Numbers 97, 98, 99, and 100 are extracts from these books. The only point of interest connected with these is raised in the first of these extracts. Reference is there made to an act respecting John 1 Proc. Am. Ant. Soc. April, 1901, p. 173. THE LONDON TRANSCRIPTS 117 Chandler, passed June 28, 1781. This Is entitled " An Act for granting to Thaddeus Newton one hundred acres of land in the town of Murrayfield." The preamble recites that in 1773 Newton was entitled to a deed of one hundred acres of land in Murrayfield from Chandler, on certain conditions, which conditions he has fulfilled, but Chandler has not given a deed, therefore lot number 9 in the first division is granted to him.^ The London transcripts conclude with number 101, which is an extract from volume 109, the Commissioners' Liquidation Book, giving an ab- stract of the facts connected with the case, show- ing the amount originally claimed, the sum allowed, the amount received, and other details. Doubtless Chandler was paid in compensation for his losses, in accordance with this report. * Laws and Res. of Mass. 1780-81, ch. 1, 1781, p. 479. APPENDIX A. CERTIFIED COPIES OF THE PAPERS ON FILE IN THE PROBATE COURT OF WORCESTER COUNTY IN THE COMMONWEALTH OF MASSACHUSETTS IN THE CASE OF JOHN CHANDLER, AN ABSENTEE.i LIST OF PAPERS ON PROBATE FILES. No. 1. April 18, 1777. Complaint of Committee of Corre- epondence against John Chandler and others. No. 2. May 7, 1777. Bond of Joseph Allen, Agent, for £2000, Benjamin Conklin and Benjamin Greene, sureties. No. 3. May 7, 1777. Warrant appointing Samuel Curtis, Na- than Perry and Samuel MUler, appraisers. Return of Appraisers, Jan. 1, 1779. Jurat, January 2, 1778 [79 ?]. No. 4. May 20, 1778. Warrant appointing John Cutting, David Scott and Enoch Shephard to appraise the estate in Hampshire County. Certificate that John Kirkland took oath of office August 6, 1778. Certificate of the oath of office administered to David Scott, Enoch Shephard September 22, 1778. No. 5. October 6, 1778. Warrant appointing David Wilder, Timothy Boutell and John Richardson to appraise es- tate in or near Leominster. Jurat, Oath of Office, October 8, 1778. Inventory and appraisal, October 8, 1778. ^ Copied at Worcester, 1901. 120 THE CHANDLER CONFISCATION No. 6. October 6, 1778. Warrant appointing John Fry, Henry Bond and Pelatiah Metcalf to appraise estate in Roy- alston. Jurat, October 23, 1778, Oath of Office. No. 7. November 20, 1778. Petition of Mary Chandler for the use of one third part of her husband's real es- tate. No. 8. November 28, 1778. Inventory and appraisal of the Royalston estate. No. 9. December 3, 1778. Inventory and appraisal of the Hampshire County estate. Second appraisal by John Kirkland, December, 1778. No. 10. No date. Inventory of all the real estate. No. 11. January 9, 1779. Inventory of Personal Estate, April 7, 1777. Inventory of Worcester real estate, January 9, 1779. Jurat, Oath of Agent, March 17, 1779. No. 12. March 17, 1779. Petition of Mary Chandler for the use of one third part of her husband's real estate. No. 13. April 29, 1779. Agent's account current. Jurat and Order of Court, May 4, 1779. No. 14. September 1, 1779. Warrant appointing Samuel Cur- tis, Nathan Perry and Samuel Brown to receive and examine claims. Certificate to the oath of these officers that they acted faithfully. May 1782. No. 15. October 12, 1779. Warrant appointing Benjamin Flagg, Nathan Perry and Samuel Miller to set oflE dower for Mary Chandler. Certificate dated December 6, 1779, that they swore that they had acted faithfully. No. 16. December 6, 1779. Report of Commissioners setting o£E dower and Consent of Mary Chandler and Agent Allen. Decree of Probate Court, February 8, 1780. APPENDIX 121 No. 17. May 2, 1780. Agent's Account current. Order of allowance by Court. No. 18. December 25, 1781. Report of Commissioners ap- pointed to examine claims. Allowance of claims, January 1, 1782. Order of Court, May 7, 1782. No. 19. May 20, 1782. Certificate of John Erving's claim. No. 20. May 20, 1782. Certificate of Edmond Herd's claim. No. 21. May 20, 1782. Bond of Indemnity, £2000, Benjamin Greene, Principal, David Sanderson and Samuel Chandler, Sureties. No. 22. January 10, 1783. Warrant re-appointing Samuel Curtis, Nathan Perry and Samuel Brown to examine claims. No. 23. February 6, 1783. Warrant appointing Samuel Salis- bury, John Nazro and Elijah Dix to receive and exam- ine claims. No. 24. February 20, 1783. Warrant appointing Daniel Waldo, John Nazro and Elijah Dix to examine claims. Report, May 20, 1783. Jurat, Oath that they had acted faithfully, June 3, 1783. Certificate of approval, October 7, 1783. Certificate that report forwarded to Governor and Council. No. 25. March 1, 1783. Bond of indemnity, £552, George Bethune, Principal, William Hunt and Levi Lincoln, sureties. No. 26. October 7, 1783. Order of Court allowing report of Commissioners re-appointed to examine claims. No. 27. February 3, 1784. Account of Agent to which is ap- pended a certificate that the Agent personally appeared at that date and swore to its truth, followed by an or- der allowing account and discharging Agent, the whole unsigned. 122 THE CHANDLER CONFISCATION No. 28. April 14, 1785. Receipt for certificate of claim. No. 29. June 15, 1785. Certified copy of Resolve passed by General Court. No. 30. June 1, 1787. Warrant appointing Daniel Waldo, Elijah Dix and John Nazro to receive and examine the Maccarty claims. Jurat, Oath of Office, July 9, 1787. Jvdy 10, 1787, Report of Commissioners. [Number 1.] Worcester, April 18, 1777. To the Honorable Levi Lincoln, Esqr., Judge of Probate for the County of Worcester. The Committee of Correspondence, Inspection & Safety for this Town, woud inform your Honor, that Agreeable to a late act of the Great & General Court of this State, to prevent waste, Destruction, or embezzelment of the estates of those persons who have left them & fled to to the enemy and as by said act information must come to the Judge from the Selectmen or Committees of said Towns where said estates are — The Committee for this Town in conformity to said Act woud inform your Honor, that John Chandler, Esqr. has absented himself, leaving a wife & family, that James Putnam, Esqr. has absented himself, with his whole family excepting one negro man — That Eufus Chandler has absented him- self with his wife leaving one child, — That Doctr. William Paine has absented himself & since sent for his wife leaving one child, — all which persons except Mrs. Paine have been absent more than three months & said Committee verily beleive have fled to the enemy. By order of the Committee of Correspondence &c for Worcester. John Cunningham, Chairman. APPENDIX 123 (^Endorsement on back) 1. Case 10938 Series A. John Chandler Complaint against John Chandler et als as absentees. By Com. of Correspondence &c. April 18, 1777. Copy. Attest : (signed) George H. Harlow Register [Number 2.] Know all men by these presents that we, Joseph Allen, Esqr. Benjamin Concklin, Clerk of Leicester & Benja- min Green of Worcester, Physician, all in the County of Worcester, within the State of the /^ Massachusetts Bay in New England are holden and stand firmly bound and obliged unto Levi Lincoln, Esqr. Judge of the Probate of Wills & granting administrations within the County of Worcester and also for appointing Agents and granting letters of Agency on the estates of those who have gone over to the Enemy for protection. Agreeable to an Act of the great & General Court of this State passed the present year, in the full sum of two thousand pounds in lawful money of said State to be paid unto the said Levi Lincoln Esqr. his successors in the said office or assigns : To the true payment whereof, we do bind our- selves and each of us, our, and each of our heirs, executors and administrators jointly & severally for the whole and in the whole, firmly by these presents. Sealed with our seals. Dated the seventh Day of May Anno Domini, one thousand seven hundred & Seventy- seven. 124 THE CHANDLER CONFISCATION The condition of this present Obligation is such, that if the above bounden Joseph Allen who is appointed (and hath taken upon himself) the office of Agent on the estate of John Chandler, Esqr. who has left (and been absent from more than three months) his usual place of abode and gone over to our enemies, do make, or cause to be made a true and perfect inventory of all and singular the goods, chatties, rights and credits of the said which have or shall come to the Hands possession or knowledge of him the said Agent or into the hands and possession of any other person or persons for him and the same so made do exhibit or cause to be exhibited into the Registry of the Court of Probate for the said County of Worcester at or before the seventh day of August next ensuing and the same goods, chatties, chatties. Rights and credits and all other the goods chatties, rights and credits of, or any way belonging to the said John Chan- dler, Esq., at the time of his absenting or since, or which at any time shall come to the hands & possession of the said agent, or into the hands & possession of any other person or persons for him, do well & truly account for & settle the same according to law and further do make or cause to be made a just and true Accompt of his said Agency upon oath at or before the seventh day of May, which will be in the year of our Lord one thousand seven hundred and seventy eight and so often as he shall be required thereto by the said Judge and all the rest & residue of the said goods, chatties, rights & credits, which shall be found remaining upon the said agents accompt (the same being first examined and allowed of by the Judge or Judges for the time being of Probate of wills and granting administrations & Agencies within the County of "Worcester aforesaid) & he shall deliver and pay unto such person or persons respectively, as the said Judge or Judges by his or their decree or sentence pur- APPENDIX 125 suant to law shall limit and appoint, and shall in all respects faithfully discharge the office of an Agent of the sd. estate according to the true intent & meaning of the late Act of this State entitled an Act to prevent waste destruction and embezzlement of the estates of such per- sons as have gone over to our enemy. Then the before written Obligation to be void and of none effect, or else to abide and remain in full force and virtue. Jos. Allen (seal) Benj. Conklin (seal) Benja. Greene (seal) Sealed & delivered in presence of us, Wm. G. Maccarty. Daniel Eveleth. {Endorsement on back) 2. Case 10938 Series A. John Chandler Bond of Joseph Allen, Agent May 7, 1777 Copy. Attest : (signed) George H. Harlow Register. [Number 3.] State of the Massachusetts Bay. Worcester, ss. To Mess. Saml. Curtis, Esqr., Nathan Perry & Samuel Miller, Gentln. all of Worcester. In the County aforesaid. Greeting. You are hereby appointed & impowered by virtue of a late law of this State to take an Inventory of and according to your best 126 THE CHANDLER CONFISCATION skill & Judgement truly & justly on oath to apprize all the goods or estate which was left by or can be found belonging to John Chandler, Esqr. late of sd. Worcester who voluntarily went over to our enemies, and has been absent from his usual place of abode for the term of three months last past, and if the said absent person left a wife behind him or family, you are to apprize the bedding utensils & implements of household furniture every article separately by itself and if there are any in the family of the sd. John Chandler, Esqr. which he was obliged to support, who are not able to maintain themselves, you will return their names with their several inabilities and the support they stand in need of and you are to make return of this warrant with your doings thereon unto the Probate Office in the same County, as soon as conven- iently may be. Given under my hand & seal of Office this seventh day of May A. D. 1777. Levi Lincoln, J. Prob. Worcester, ss. To the Honble. the Judge of Probate for the County of Worcester. By virtue of the within warrant we have apprized all the goods & estate belonging to the estate of John Chan- dler, Esqr. late of Worcester, absentee (which were shewn to us by the Agent for said estate) An Inventory of which, together with the value thereof, we herewith return. Jany. 1st, 1779. S.AML. CtJRTIS Nathan Perry Appraisers. Saml. Miller Worcester, ss. Jany. 2d, 1778. Then personally ap- peared the within named Saml. Curtis, Nathan Perry & Saml. Miller and made solemn oath that in executing the APPENDIX 127 trust reposed in them they acted faithfully & impartially according to their best skill & judgment. Coram, Levi Lincoln, J. Prob. (^Endorsement on hack) 3. Case 10938 Series A. John Chandler Warrant appointing Worcester appraisers of real and personal property May 7, 1777 Report of Appraisers Jany. 1, 1779-8 ? Oath administered to appraisers Jany. 2, 1778 Copy. Attest : (signed) George H. Harlow Register. [Number 4.] State of the Massachusetts Bay Worcester, ss. To Messrs. John Cutting of Nor- wich, David Scott of Norwich & Enoch Shephard of Murrayfield, Esquires, all in the County of Hampshire & State of Massachusetts Bay in New England, (seal) You are hereby appointed & impowered by virtue of a late law of this State, on oath to take an Inventory of & (according to your best skill & judgment) truly & justly to apprize in lawful money of this State, all the goods or estate which was left by, or that can be found in the County of Hampshire belonging to John Chandler, Esqr. late of Worcester in the County of Worcester, who vol- untarily went over to our enemies & has been absent from 128 THE CHANDLER CONFISCATION his usual place of abode for the term of three months last past. Aijd you are to make return of this warrant with your doings thereon into the probate office in the County of Worcester as soon as conveniently may be. Given under my hand & seal this twentieth day of May, a. d. 1778. Levi Lincoln, J. Prob. Hampshire ss. Personally appeared John Kirkland one of the appraisers of the estate of John Chandler, Esqr. an absentee & made oath that in appraising sd. estate he would act faithfully and impartially and according to his best skill and Judgment. August 6th, 1778. Coram, Saml. Mather, Judge Probate. Hampshire, ss. Personally appeared David Scott & Enoch Shepheard two of the appraisors of the estate of John Chandler, Esqr. an absentee & made oath that in appraising sd. estate they would act faithfully & impar- tially & according to their best skill and judgment. Cor. B. Mills, Just. Pacis. Sept. 22, 1778. {Endorsement on back) 4. Case 10938 Series A. John Chandler Warrant appointing apprs. of estate in Hampshire County. May 20, 1778. Oath administered to Kirkland Aug. 6, 1778 Oath administered to Scott and Shephard, Sept. 22, 1778 Copy. Attest : (signed) George H. Harlow Register. APPENDIX 129 [Number 5.] State of the Massachusetts Bay Worcester, ss. To David Wilder, Timothy Boutell & John Richardson Gentlemen & all of Leominster, in said County, Greeting. You are hereby appointed & impowered by virtue of a late law of this State on Oath to take an Inventory of and (according to your best skill & judgment) truly & justly to apprize in lawful money of this State all the good or estate lying in a gore of land, adjoining or near to Leominster aforesaid which was left by or that can be found belonging to John Chandler, Esqr. of Worcester who voluntarily went over to enemies and has been absent from his usual place of abode for the term of three month last past, and your are to make return of this warrant with your doing thereon unto the Probate Office in the same County as soon as conveniently may be. Given under my hand this sixth day of October a. d. 1778. Levi Lincoln, J. Prob. Worcester, ss. Octr. 8th, 1778. Personally appeared before me Messrs. David Wilder, Timothy Boutell & John Richardson & severally made oath that in apprizing such goods estate belonging to John Chandler, Esqr. late of Worcester, an absentee, as shall be shewn them by Joseph Allen, Agent to said estate, they will deal truly & justly & according to their best skill & judgment. Israel Nichols, Justice Peace. An Inventory of a tract of land lying & being in a gore of land between the towns of Leominster & Westminster in the County of Worcester shewn to us this day by Joseph Allen Agent to the estate of John Chandler, Esqr. late of Worcester an absentee, as part of the estate of said Chandler, viz : — 130 THE CHANDLER CONFISCATION The above described tract supposed to con- tain one thousand acres at 20s/ pr acre £1000 Leominster, Octr. 8, 1778. David Wilder TiMO. BouTELL Apprizers. John Kichaedson (Endorsement on back) 5. Case 10938 Series A John Chandler Warrant appointing appraisers. Land near Leominster October 6, 1778 Oath administered October 8, 1778 Return made Oct. 8, 1778. Copy. Attest : (signed) George H. Harlow Register [Number 6,] State of the Massachusetts Bay. Worcester, ss. To John Fry Esqr., Henry Bond & Pelatiah Metcalf yeomen all of Royalston in the County aforesaid, Greeting. You are hereby appointed and impowed by virtue of a late law of this State to take an inventory of and (accord- ing to your best skill and judgment) truely and justly to apprise (in lawful money of this State) all the goods or estate lying in Royalston aforesaid which was left, by, or that can be found belonging to John Chandler, late of Worcester, Esqr. who voluntarily went over to our ene- mies and has been absent from his usual place of aboad, for the term of three months last past, and you are to APPENDIX 131 make return of this warrant with your doings thereon, unto the Probate office, in the same County, as soon as conveniently may be. Given under my hand, this sixth day of October a. d. 1778. Levi Lincoln, J. Prob. Worcester, ss. October ye 23d, 1778. Then the within named John Esqr., Henry Bond & Pela- tiah Metcalf personally appeared & made solemn oath to the faithfuU discharge of the within trust. Before Abel Wilder, Justice peace (^Endorsement on back) 6. Case 10938 Series A. John Chandler. Warrant appointing appraisers of estate in Royalston. October 6, 1778 Oath administered Oct. 23 Oct 23, 1778. Copy. Attest : (signed) George H. Harlow Register. [Number 7.] To the Honble. Levi Lincoln, Esq. Judge of Probate for the County of Worcester. Mary Chandler of Worcester in the County of Worces- ter, wife of John Chandler, late of Worcester, Esqr. an absentee. Requests that you would assign unto her one third part of the Improvement of her said husbands real estate dureing his absence, agreable to an act of this State, made in the year of our Lord, 1777. 132 THE CHANDLER CONFISCATION Intitled " An act to prevent the waste, destruction and Embezzelment of the goods or estates of such persons who have left the same, and fled to our enemies for protection and also for Payment of their just debts out of their estates ". Worcester, Nov. 20th, 1778. Mary Chandleb. (Endorsement on back) 7. Case 10938 Series A. John Chandler. Pet. for Assignment of one third of the improvement of her husband's real es- tate. Mary Chandler Nov. 20, 1778. Copy. Attest: (signed) George H. Harlow Register. [Number 8.] In Obediance to the within Warrant we have apprized the land of John Chandler, Esqr. late of Worcester, ab- sconded : lying in Royalston in the County of Worcester, viz. Lot. No. 103 lying on the Legg north of Winchendon 200 acres (£ 250 : : Lot No. 95 lying Ditto 200 acres 200 : : Lot No. 90 200 acres 200 : : Lot No. 52 200 acres 250 : : Lot No. 26 200 acres 200 : : Sum totle LawfuU money 1100 : : Royalston Novr. 28, 1778 JoHN FrtE Henry Bond Committe Pelatiah Metcalf APPENDIX 133 (Endorsement on back) 8. Case 10938 Series A. John Chandler. Inventory by John Fry, et als. Royalston November 28, 1778. Copy. Attest : (signed) George H. Harlow Register. [Number 9.] To the Honourable Levi Lincoln, Esqr. Judge of Pro- bate for the County of Worcester. Persuant to a Warrant of Apprizement directed to us the subscribers from your honour, we have proceeded to apprize the estate of John Chandler, Esqr. an absentee of the County of Worcester which lyeth in the County of Hampshire in the following manner, viz : £ S D Lot No. 14 House, Barn & Saw Mill & under improvement 500 Lot No. 13 Containing 100 acres at 12 pr acre Lot No. 15 containing 100 acres Do Lot No. 85 containing 100 acres at ISy pr acre Lot No. 36 containing 100 acres at 137 W ^^^^ Lot No. 9 containing 100 acres at 16V pr acre Lot No. 10 containing 100 acres at 17V P^ acre Lot No. 32 containing 100 acres at 15s pr. acre Lot No. 28 containing 100 acres at 15s/ pr acre Lot No. 29 containing 100 acres at 147 P^ ^^^^ Lot No. 59 containing 100 acres at V/ pr acre Lot No. 39 containing 100 acres at 67 pr acre at Lot No. 56 containing 100 acres /^ 87 pr. acre Lot No. 97 containing 100 acres at IIV pr acre The above lots are in the first division 60 60 65 65 80 85 75 75 70 35 30 40 55 70 80 70 90 100 80 90 134 THE CHANDLER CONFISCATION Lot No. 30 containing 200 acres at 7s/ pr acre Lot No. 31 containing 200 acres at 8s/ pr acre Lot No. 33 containing 200 acres at 7V pr acre Lot No. 24, containing 200 acres at 9s/ per acre Lot No. 25, containing 200 acres, one hundred acres under Bond for a deed at 10s/ pr acre given in May 1774 Lot No. 26 containing 200 acres at 8s/ pr acre Lot No. 27 Containing 200 acres at 9s/ pr acre Lot No. 1 containing 200 acres Bargained to Esqr. Kirkland for 12 s pr acre in 1774 120 Lot No. 71 Deed to & mortgaged by Isaac Wil- liams, Jr. at 7 s/ pr acre Lot No. 64 containing 200 acres at 8s/ pr acre The above lots are in the Second division Lot No. 6 containing 100 acres at 6/ pr acre Lot No. 7 containing 100 acres at 8V pr acre Lot No. 20 containing 95 acres at 7s pr acre Intervail lots on the west Branch marked as fol- lows, viz O. 50 acres at 12s/ pr acre P. 50 acres at 12s/ pr. acre Q. 50 acres at 12s/ pr acre Lot No. 46 omited in the second Divn. 200 acres at 6s/ pr acre 60 Undivided lands by estimation 400 acres at 3s/ pr acres 60 Sum total, errors excepted X2458 5 The Right in the Additional grant of 1200 hun- £ S D dred Acres Adjoining No. 5. containing 240 acres at 6s/ pr acre 72 Brought from the other page 2458 5 Sum total errors excepted £2530 5 70 80 30 40 33 5 30 30 30 APPENDIX 135 A true apprizement of all the estate that has come to our knowledge belonging to John Chandler, Esqr. and Absentee from Worcester which lyeth in the County of Hampshire Enoch Shepard John Kirkland Apprisors David Scott N. B. Above apprizement was valued as land was esti- mated in the year 1774 & 1775. Norwich Decmr. 3th, 1778. The lands mentioned in this inventory were apprized ac- cording to their value in the years 1774 & 1775 but this mode not being satisfactory to the Agent for the estate within mentioned, the appraisers now declare what they suppose the additional value of said lands is, at the present time, viz, December 1778. Sum brought down £2530 5 Additional value of lot No. 14 2000 ^ Ditto of lot No. 15 150 First J Ditto of Lot No. 9 290 Division | Ditto of lot No. 10 255 ^ Ditto of the remaining lots trebled 3470 10 £8695-15-0 P. Order of the other Apprizers. John Kirexand (Endorsement on tack) Case 10938 Series A 9. John Chandler Inventory by Enoch Shephard, et als. Hampshire Co. Dec. 3, 1778. Copy. Attest: (signed) George H. Harlow Register. 136 THE CHANDLER CONFISCATION [Number 10.] An Inventory of the real estate of John Chandler Esqr., late of Worcester an absentee as contained in several in- ventories taken by appraisers appointed for that purpose, Lands lying in Koyalston in the County of Worcester Lot No. 103 lying on the legg north of Wiuchendon contang 200 acres .£250-0-0 Lot No. 95 lying Do. 200 acres 200-0-0 Lot No. 90 200 acres 200-0-0 Lot No. 52 200 acres 250-0-0 Lot No. 26 200 acres 200-0-0 £1100-0-0 Lot No. 13 containing 100 acres Land lying in the County of Hampshire Lot No. 14 house, barn and sawmill and under improvements 12/ per acre Do 13/ pr 3/pr 16/ pr 7/pr 15 85 86 9 10 32 Lot No. Lot No. Lot No. Lot No. Lot No. Lot No. Lot No. 28 Lot No. 29 Lot No. 59 Lot No. 39 Lot No. 56 Lot No. 97 Do Do Do Do Do Do. Do. Do Do Do Do Do acre acre acre acre 100 acre 100 acre @ 100 acres @ 100 acres @ 100 acres @ 100 acres @ 15/ pr acre 100 acres a 15/ pr acre 100 acres @ 14/ pr acre 100 acres @ 7/ pr acre 100 acres a 6/ pr 100 acres @ 8/ pr 100 acres a 11 pr acre acre acre The above lots are in the first Division Lot No. 30 Lot No. 31 con. Do 200 acres 200 acres a 7/ per acre a 8/ pr acre 500-0-0 60-0-0 60-0-0 65-0-0 65-0-0 80-0-0 85-0-0 75-0-0 75-0-0 70-0-0 35-0-0 30-0-0 40-0-0 55-0-0 70-0-0 80-0-0 APPENDIX 137 Lot No. 33 Do Lot No. 24 Do Lot No. 23 Do bond for a deed 1774 Lot No. 26 Do Lot No. 27 Do Lot No. 1 Do 200 acres @ 7/ pr acre 200 acres @ 9/ pr acre 200 : 100 acres under ( 10/ pr acre given May 200 acres @ 8/ pr acre 200 acres a 9/ pr acre 200 acres bargained to Esqr. Kirkland @ 12/ pr acre in 1774 Lot No. 71 deeded to & mortgaged by Isaac Williams, Jr. at 7/ pr acre Lot No. 64 cong. 200 acres @ 8/ pr acre The above lots are in tbe second division Lot No. 6 cong. 100 acres @ 6/ pr acre Lot No. 7 Do 100 acres @ 8/ pr acre Lot No. 20 Do 95 acres @ 7/ pr acre Intervail lots on the west branch marked as follow viz O 50 acres @ 12/ pr acre P 50 acres @ 12/ pr acre Q 50 acres @ 12/ pr acre Lot No. 46 omitted in 2d division @ 6/ Undivided lands by estimation 400 acres 70-0-0 90-0-0 100-0-0 80-0-0 90-0-0 120-0-0 70-0-0 80-0-0 ^30-0-0 40-0-0 33-5-0 X30-0-0 30-0-0 30-0-0 60-0-0 60-0-0 £2458-5-0 £2458-5-0 The right in the Additional Grant of 1200 acres Adjog No. 5, cong. 240 a @ 6/ pr acre 72-0-0 X72-0-0 X2530-5-0 The lands in the County of Hampshire were appraised according to their value in the year 1774 but this mode not being satisfactory to the Agent for the estate within 138 THE CHANDLER CONFISCATION mentioned the appraisers now declare what they suppose the additional value of sd. land is at the present time, viz. Decer. 1778. Additional value of lot No. 14 2000-0-0 First Do of lot No. 15 150-0-0 Division Do of lot No 9 290-0-0 Do of lot No. 10 255-0-0 Do of the remaining lots trebled 3470-10-0 £8695-15-0 Land lying & being in a gore of land between the towns of Leominster & Westminster con- taing 1000 acres @ 20/ per » The Mill farm so called g ^ The farm which Thos. Jones lives on (JH The farm which Gates & Stearns lives on ns The home Lot & buildings * The Cedar Swamp near J. Trobredges The Pasture near Cat. Mowers Do near Capt. Johnsons The farm where Mr. Cunningham lives 4 pews in the Meeting house A farm in Charlton (Endorsement on back) 10. Case 10938 Series A. John Chandler Inventory of real estate made up from appraisers' return Copy. Attest : (signed) George H. Harlow Register XlOOO-0-0 4000-0-0 3500-0-0 5500-0-0 2500-0-0 80-0-0 260-0-0 500-0-0 6500-0-0 200-0-0 2000-0-0 27040 APPENDIX 139 [Number 11.] An Inventory of the personal estate belonging to John Chandler, Esqr., late of Worcester, shewn to us by the we Agent for said estate, which y^ have apprized at the sums following. Room 1 1-8 day clock at 40—1 Table 1-4/ X41- 4 8 Leather Bottomd chairs @ 2 8/ 1 looking glass £8/ 10- 8 1 round table at 1-4/ Round about chair 6/ 1-10 1 fire shovle & tongue at 6/, 1 pr. iron dogs 12/ 18 12 ching platis at £6/ 5 Delf Do at 15/ 6-15 4 glass Decanters at 16/ 2 Bowls @ 3/ 6 pictures at 1-4/ 2- 8 (vinegar cruets, Beacar glasses wine glasses and salts at XI) 1- 9 silver teaspoones <£1-16/ 1 small map 6/ 2- 2 <£66- Room 2d, 1 Bed, beding and curtngs at £11-10 11-10 1 sacking Bedstead @ 18/ 18 £ 1 small bed, bedding & Bedstead at 6 6 1 Desk at 3/ 1 desk at 12/ 1 small table @ £1 16 1 chamber table at 6/ 1 small chest 5/ 11 6 flagg Bottomd. chairs at .£1-16/ 1-16 1 small looking glass 10/ 2 quarto bibles 2 2-10 Betwen 60 & 70 volums of Octave duo- disimo and Quarto @ £40- 79-5 140 THE CHANDLER CONFISCATION Room 3d. 1 bed with Harriteene cur- tins & furniture 15 1 Bed, bedstead, coverled and Blanket at 10 1 case of draws at £15, one easey chair @X8 23 6 Harriteene Bottomd. chairs at <£9 9 1 looking glass X20, 1 chamber table £5 25 1 homespun carpet at 15/ -15 £82-15 Room 4. 1 Bed, Bedstead and calico cuttings & other furniture at 12 1 case of draws at 3, 1 toilet table at 18/ 3-18 1 chamber table at 3/ 1 looking glass 6 9 6 cain chairs at £3-12/ 1 trunk 2/ 3-14 1 Pr. window curtings at 6/ 1 broken china bowl 6/ 12 29- 4 Room 5th. 2 common Beds, bedsteads and beding, under beds &c @ £4 each 8- 1 old leather trunk & 1 old chest at 6/ each 2 old flagg bottomd. chairs at 4/ Room 6. 1 Bed, Beding & bedstead Room 7th. 1 Bed, Bedstead & Bed- ing at £5 2 old chairs @ 12/ 1 writing desk at 12/ Room 8th. 1 Bed, Bedding & Bed- stead £6 1 old chair 2/ £ Room 9. 1 Bed, beding &c. 5/ 1 bed, £ bedding 4/ 9 2 chairs at 2/ 1 Dutch glass 6/ - 8 9-8 -12 - 4 8-16 1-10 1-10 5- ' 1- 4 6- 4 6 - 2 6- 2 APPENDIX 141 Room 10th. 1 Bed, bedding &c at Mj 1 small looking glass 12/ 6-12 1 case of draws @ £4 10/ 3 chairs @ 12/ 5- 2 1 chamber table @ 8/ 7 pictures in the stair case 12/ 1 1 glass lanthorn 20/ 2 pictures @ 6/ 1- 6 1 Eound about chair @ 12/ 1 Green couch @ 48/ 3 X17- Room 11th. 2 Bellmettle skellets at 48/ 1 iron skillet 6/ 2-14 3 brass skimmers @ 6/ 1 brass cullen- der 3/ - 9 3 Brass skillets 10/ 2 tosting irons 18/ 1 flesh fork 2/ 1-10 1 Iron chaffing dish 2/8 1 brass Do 1/4 4 1 pr. brass chafing dishes 10/ 1 pr. brass candle sticks 30/ 2- 1 pr. smaller candlesticks 12/ 1 pr. small dito at 10/ 1- 2 7 Iron candlesticks 21/ 1 warming pan 18/ 1 bellows 6/ 3- 5 1 jack weights & line @ 3 1 iron grate 6/ 3- 6 1 pr Andirons 20/ 1 pr. Tongs & fire shovel 12/ 1-12 4 oval earthan dishes 12/ 2 doz. best peuter plates 7-4 7-16 2 doz. other peuter plates 3-12/ 1 cop- per coffee pot 12/ 4- 4 1 brass coffee pot 10/1 tin ditto 2/ 12 1 copper tea kittle 12/ 12 peuter dishes @M 4-12 6 iron pots 1 at 12/ 1 @ 9/ 3 at 5/ each 1-16 142 THE CHANDLER CONFISCATION 1 iron kettle @ 8/ 1 copper baking pan @ 24/ 1-12 3 flat irons @ 8/ 1 Gridiron & frying pan 12 1 morter @ 18/ 1 meal chest 1/ 2 But- ter-tubs 2/ 1- 1 1 iron crain & 4 tramels @ 3/ 1 brass kittle 40/ 5 1 brass kittle @ 48/ 1 Dio. at 40/ 2- 8 1 old square table @ 18 1 old dito @ 6/ 1 Dito. @ 6/ 1-10 1 Table a 3/ 3 Ml- 8 Room 12th. 1 large looking glass @ 20 20 8 leather bottomd. chairs .£12/ 1 round about chair 8/ 12- 8 1 square tee table X3/ 1 round ditto 8/ 4 tee pots 6/ 3-14 2 large delph & 1 china bowl broken 1- 4 3 Vinegar Cruets & 2 beakors @ 10/ 10 1 japand salver @ 12/ 2 cream collard pudding dishes 17 4 earthen dishes @ 24/ 1 china Beaker 6/ 1-10 2 large Dining tables X6/ 1 pr. brass topt andirons 48/ 8- 8 2 pictures 20/ 1 coarse flore carpet @ 10/ 1-10 1 Glass tumbler (S, 4 4 £50- 5 Stock and out dore moovables. 6 dozn. glass bottles @ £3 12/ 1 Riding shaye & harness 23-12 1 hay hook 3/ 3 haye forks @ 6/ 3 Draft chains @ 24/ each 4- 1 APPENDIX 143 1 small chain @ 6/ 2 shad shovels @ 8-5 old hoes @ 8 1- 2 " 1 dung fork @ 6/ 2 iron crow bars @ 4-16 5- 2 1 riding slaye a 24/ 1 horse @ 16 17- 4 2 Bettle rings @ 6/ 3 old siekels @ 4 1 old axe @ 6/ 16 1 sigth snath and tackling @ 6/ 6 62- 3 1 cowe a .£14/ 1 cow @ XIO 1 Dito @ 12 dito £11/ 47- 1 Dito @ 12£ 12 sheep 40/ each 36 8 6 old table cloths 36/ 12 old napkins @ 12/ 2- 8 4 old meet tubs 32/ 1 Winrowing mill £6/ 7-12 s 2 draft chains @ 48/ 1 Ox yoak staple & ring @ 12/ 3 1 old spade @ 3/ 1 iron harrow @ £6/ 6- 3 1 old cart with ye irons belonging thereto @ £8/ 8- 1 plow & irons £3 1 iron crow bar 48/ 1 cheese press 18/ 6- 6 £116- 9 Done at Worcester April ye 7, 1777 Total £572- 9 Real estate The mill farm so called @ £4000 The farm which Phinehas Jones lives on @ 3500 The farm which Jona. Gates & Charles Stearnes lives on @ 5500 The house lot near the meeting house with the Buildings standing thereon at 2500 144 THE CHANDLER CONFISCATION The cedar swamp near James Trowbridges @ 80 The pasture lying near Capt. Saml. Mow- ers @ 260 The pasture lying near Capt. Mieah John- sons 500 John The Farm whare Mr. ^^ Cunningham dwells with the buildings belonging thereto @ 6500 Four pews in the meeting house @ 200 £23615- 9- Worcester Jany. 9th, 1779. Saml. Curtis Nathan Perry Apprisers. Saml. Miller Memo. 2/3d. of a farm in Charlton estimated at two thousand pounds making in the whole twenty-five thou- sand six hundred & fifteen pounds nine shillns. {On back) Case Worcester, ss. March 17th 1779. personally appeared Joseph Allen, Agent on the estate of John Chandler, Esqr., late of Worcester as absentee & made solemn oath that the foregoing together with the three accom- panying inventory herewith exhibited contains a just & perfect inventory of all the estate of the said absentee except the rents of the real estate & the proceeds of the sale of the stock so far as has come to his the sd Agents Knowledge & that if anything further should come to his knowledge he would cause the same to be added. Coram Levi Lincoln, J. Prob. APPENDIX 145 (Endorsed on back) 11. Case 10938 Series A. John Chandler Inventory real and personal, Worcester, by Samuel Curtis et als. Personal, April 7, 1777 Real, January 9th, 1779 Oath of Agent March 17, 1779. Copy. Attest : (signed) Geobge H Harlow Register. [Number 12.] To the Hon. Levi Lincoln, Esqr. Judge of the Probate of wills, &c. in and for the County of Worcester, Whereas the subscriber has heretofore requested your honor to assign to her the use & improvement of one third of the real estate of her husband John Chandler, Esqr. late of Worcester, absentee, lying & being within this State according to a law of said State made & passed A. D. 1777, And whereas no such assignment has as yet been made, she again desires & requests that such assign- ment may be made agreeable to said law & that she may be put in possession of one third part of said estate, to have & improve the same by virtue of such assignment for her own benefit & use. The anxiety & solicitude attending the long suspense she has been in relative to the premises are very dissagreable to her, for which as well as other reasons, she is moved to make this request, which, if granted, will be of essential service to her, as a permanent security of the support of herself & her orphan family. Mary Chandler. Worcester, March 17th, 1779. 146 THE CHANDLER CONFISCATION (Endorsement on back) 12. Case 10938 Series A. John Chandler 2nd Pet. for Assignment of the use and improvement of one-third the real estate &c. March 17, 1779. Copy. Attest : (signed) George H. Harlow Register. [Number 13.] Worcester, April 29th, 1779. The Accompt of Joseph Allen, Agent on the estate of John Chandler, Esqr. late of Worcester, an absentee, so far as relates to the leasing out said absentees real estate for the current year (excepting what has been allowed by the Honble. Judge of Probate to the wife & family of said absentee) in pursuance of a late resolve of the General Court for that purpose. The said Accomptant chargeth himself with the amount of the sums at which said real estate, lying in the Counties of Worcester & Hampshire, was leased, being 1801-16-0 And prays allowance as follows : — For expences at the house where the estate was leased £ 2 drawing & executing 28 leases 28 7 days time & expences including the charge of sending a person to the County of Hampshire to lease part of said real estate lying there in- cluding the travelling said estate into proper divisions and viewing APPENDIX 147 the situation thereof at the time of giving the leases 39 Cash pd. the vendue Mst. for his trouble 9 £78 Also for cash pd. for notifying the time & place of said sale in the Worcester & two of the Boston news papers 8- 2 X86- 2 £1715-14-0 Errors excepted. Jos. Allen, Agent on estate. Worcester, ss. May 4th, 1779. Then personally ap- peared the above named Joseph Allen, Agent as abovesd. and made solemn oath to the truth of the foregoing account. I allow thereof by which it appears he has a ballance in his hands of the sum of seventeen hundred and fifteen pounds fourteen shillings which I order him to pay unto the treasurer of this State agreeable to a resolve of the great and General Court of the seventeenth of Feby. Annoque Domini 1779. In testimony whereof I have hereunto set my hand this 4th day of May A. D. 1779. Levi Lincoln, J. Prob. ^Endorsement on back) 13. Case 10938 Series A. John Chandler Acct. Current of Joseph Allen. April 29, 1779 Sworn to May 4, 1779 Order of Court May 4, 1779 148 THE CHANDLER CONFISCATION Copy. Attest: (signed) George H. Harlow Register. [Number 14.] Worcester, ss. State of Massachusstts Bay in New (seal) England. By the Honble Levi Lincoln, Esqr., Judge of the Pro- bate of Wills & for granting letters of admr. & letters of Agency on the estates of such persons absentees who have left this State & fled to our enemies for protection since the 19th day of April A. D. 1775 leaving estate to the value of twenty pounds & for appointing comissioners to receive & examine the claims on such absentees estate, within sd. County. To Samuel Curtis, Esqr., Nathan Perry and Samuel Brown, Gentlemen all of Worcester in the County & State aforesaid Greeting. You are hereby nominated & appointed according to a law of this State, comissioners with full power & authority to receive & examine all claims & how they are made out of the several creditors to the estate of John Chandler, late of Worcester in said County, Esquire an absentee, who left this State & fled to our enemies for protection as aforesaid, and to the end said creditors may bring in their claims, you are to cause the times & places of your meet- ing to attend them by receiving & examining their claims to be made known & published by posting up the same in some public places in the shire town of the County af oresd. & by advertising the same in the Independent Chronocle printed by William Boston & in the News paper printed in Worcester, and you are to make report & to present a true list to me the said Judge upon oath of all such claims as to you upon examination appears justly due & owing APPENDIX 149 from said Absentee at or before the first day of September A. D. 1780 & afterwards to present a list as aforesaid from time to time as the said Judge may require until the final settlement of said estate when you are to make return of this Comission with all your doings thereon not before returned and all agreeable to the direction of law. In testimony whereof I have hereunto set my hand & the seal of said Court of Probate. Dated at Worcester this first day of September a. d. 1779 & in the fourth year of American Independence. Levi Lincoln, J. Prob. Worcester, ss. May 1782. Personally appeared Samll. Curtiss Esq., Nathan Perry & Saml. Brown the within named Commissioners and made solemn oath that in exe- cuting the trust reposed in them by virtue of this Com- mission, they acted faithfully and impartially according to the best of their skill and judgement. Coram, Joseph Wheeler, J. Pacis. By order of the Hon. Judge. (Endorsement on bach) 14. Case 10938 Series A. John Chandler Warrant appointing commrs. to examine claims. September 1, 1779. Oath administered May 1782. Copy. Attest : (signed) George H. Harlow Register. 150 THE CHANDLER CONFISCATION [Number 15.] Worcester, ss. State of Massachusetts Bay in New (seal) England By the Honble. Levi Lincoln, Esqr. Judge of the Probate of Wills &c. in & for the County of Worcester. To Benjamin Flagg, Esqr. Nathan Perry, Gentman, and Samuel Miller, yeoman all of Worcester in sd. County, Greeting. Pursuant to the Acts & laws of said State relating to the estates of certain persons commonly called absentees & the power & authority to me therein given, I do hereby authorize & appoint you the above-named three persons a committee on oath, to appraise all the real estate whereof John Chandler late of Worcester in said County, Esqr, an absentee was seized & possessed since the nineteenth day of April A. D. 1775 at the present true value thereof in lawful money. When you have perfected your inventory you are to set off to Mary Chandler (the said absentee's wife) one third part of the said real estate, so as may be convenient for her, for her dower therein during her life & continuance within the United States of America & what you so set off you are to describe by plain & lasting meets and bounds that so confusion may be prevented upon the reversion of the dower. When you go about your work let the Agent & all parties concerned have notice ; & if all said parties are satisfied with your proceedings let them signify the same by coun- tersigning. Finally seal up this comission with your doings thereon & return the same with all convenient speed into the Regis- ters office of Probate by some or one of yourselves. APPENDIX 151 Goven under my hand & seal of office at Worcester this twelveth day of October a. d. 1779 & in the fourth year of American Independence. Levi Lincoln, J. Prob. Worcester, ss. Deer. 6th 1779. Then personally ap- peared the within named Benja. Flagg, Nathan Perry and Samuel Miller and made solemn oath that in executing the trust reposed in them by the within warrant, that they acted faithfully and impartially according to their best skill & judgement. Coram, Levi Lincoln, J. Prob. (^Endorsement on back) 15. Case 10938 Series A. John Chandler Warrant appointing Commrs. to appraise & set off 1/3 to wife. October 12, 1779. Oath administered Dec. 6, 1779. Copy. Attest: (signed) George H. Harlow Register. [Number 16.] We the subscribers, authorized & appointed by the Hon. Levi Lincoln, Esqr. Judge of Probates for the County of Worcester to appraise all the real estate whereof John Chandler late of Worcester in said County, Esqr. an absentee was seized & possessed since the nineteenth day of April, A. D. 1775, and to sett off to Mary Chandler, the said absentees wife, one third part of said real estate, so as may be convenient for her, for her dower therein during her life continuance within the United States of 152 THE CHANDLER CONFISCATION America, have, on the day of the date hereof proceeded on said business, & have accordingly appraized said real estate as f oUoweth, viz : — The Homestead, whereon the said Mary Chandler now dwells, with the buildings thereon at The farm commonly called the Mill farm, now occupied by Josiah Gates, with the buildings thereon together with the Mill & Mill spot A pasture near Capt. Micah Johnson's A pasture near Capt. Moore's The farm occupied by Cha. Stearns & Jona. Gates with the buildings thereon A cedar swamp lying near the road leading from Worcester Meeting house to Oxford The farm whereon Rufus Chandler lately dwelt situated near the prison together with the buildings thereon A wood lot adjoining land of Charles Adams & Mill stone hill, so called containing by estima- tion 17 acres The above described lands & buildings are situ- ated in Worcester aforesaid Also a farm lying partly in Worcester & partly in Leicester now occupied by Amos Putnam to- gether with the buildings thereon at Two thirds of a farm lying partly in Charlton & partly in Oxford with two thirds of the build- ings thereon 4 pews in the Meeting house in Worcester 1 at £120 1 100 1 90 1 90 5000 12000 1200 800 15000 120 17700 255 10000 3000 400 APPENDIX 153 The following lots of land lying in Murrayfield & Norwich in the County of Hampshire No. 14 with the buildings &c. £3035 13 180 15 269 35 ... 195 36 195 9 315 10 315 32 225 28 225 29 210 59 105 39 90 56 120 97 165 30 210 31 240 33 210 24 270 23 100 26 240 27 270 1 120 64 240 71 70 6 90 7 120 20 100 Letter O 90 P 90 Q 90 No. 46 180 Undivided land 180 The right in the additional Grant of 1200 acres adjoining No. 5 216 8770 154 THE CHANDLER CONFISCATION The following lots of land lying in Royalston viz, No. 103 X290 95 230 90 230 52 290 26 230 1270 A tract of land lying & being between the Towns of Leominster & Westminster supposed to con- tain one thousand acres 1000 Total £76515 We then sett off to the wife of the said Absentee out of said real estate as her third part of the same, The Homestead whereon she now dwells ap- praised at X5000 The pasture by Capt. M. Johnson's at 1200 The pasture by Capt. Moore's 800 The farm near the prison whereon Ruf us Chandler lately dwelt with the buildings thereon 17700 The wood lot adjoining land of Charles Adams & Mill Stone hill (so called) 255 A pew in the meeting house between those of T. Paine Esqr. & Capt. Saml. Moore 100 A piece of land situated on a road leading from the Meeting house to Paxton, by estimation ten acres & bounded as follows, beginning at the corner of the wall on the southerly side of said road which is a line between land lately be- longing to said John Chandler, Esqr. & land of Wm. Jennison Stearns, beginning at the above mentioned road running southerly sixty rods on the division line between said Chandler's & said Stearns land to a stake & stones, from thence turning & running eastwardly twenty APPENDIX 155 seven rods to a stake & stones, from thence turning & running northwardly sixty rods to a stake & stones from thence turning & running on said road twenty seven rods to the first mentioned bounds which we appraise at 450 Making in the whole ^25505 The lands & buildings set off as above all lie in the town of Worcester. All which so set off we judge equal to one third part of the value of said Absentee's real estate. Dated at "Worcester this sixth day of December, a. d. 1779. Benja. Flagg Nathan Perry Committee Samll. Miller We consent Mart Chandler Jos. Allen, Agent on the Estate of John Chandler, Esq. an Absentee. Worcester Worcester, ss. (seal) To all people to whom these presents shall come Levi Lincoln, Esq. Judge of the Probate of Wills and granting administrations as also letters of Agency on the estates of absentees &c., for the County of Worcester, in the State of the Massachusetts Bay, in New England, sendeth Greeting. Whereas the commissioners by me appointed & sworn for the appraisal of all the real estate whereof John Chandler, an absentee late of Worcester in the County of Worcester, Esq, /^ was seized and possessed since the nineteenth day of 156 THE CHANDLER CONFISCATION April in the year of our Lord seventeen hundred & seventy-five: As also for the setting o£f to the use and improvement of Mary Chandler, wife of the said absentee one third of the said real estate, have made the foregoing return into the Registry of Probate for the said County, by which it appears that the whole of the said estate is valued & appraised at the sum of seventy six thousand, five hundred & fifteen pounds, and the one third of the said estate as particularly set forth, at the sum of twenty five thousand, five hundred & five pounds : Know ye, that pursuant to the acts & laws of the said State relating to the settlement of the estates of intestates & the estates of persons commonly called absentees, & the direction, power & authority to me therein given, I do hereby accept of the doings of the said Commissioners, as con- tained in the return aforesaid, by them subscribed, and order the same to be recorded, and do assign & sett off to the use & improvement of the said Mary Chandler the said absentee's wife, every & all those pieces, parts or parcels of land and farms with all the buildings tene- ments, privileges & appurtenances thereon, or thereunto anyways belonging or appertaining mentioned in the said return as sett off to the said Mary as her third of the said estate, to have & to hold the hereby set off & as- signed premises with all the members, privileges & appur- tenances thereof unto her the before named Mary for & during the term of her natural life & continuance within any of the United States of America. In testimony whereof, I have hereunto set my hand & caused the seal of Office to be affixed this eighth day of February, in the year of our Lord seventeen hundred & eighty. Levi Lincoln, J. Prob. APPENDIX 157 (^Endorsement on hack) 16. Case 10938 Series A. John Chandler Report of Commrs. to set ofE Vs part of real estate December 6, 1779 Decree of Court sustaining action of appraisers February 8, 1780 Copy. Attest : (signed) George H. Harlow Register [Number 17.] The account of Jos. Allen, Agent on the estate of John Chandler, late of Worcester, Esqr. an absentee, so far as relates to the said Agent's leasing out said absentees real estate, lying in the County of Worcester, for the current year. The sd. Accomptant chargeth himself with the amount of what said real estate leased £ for the present year being 4083- 4- And prays allowance as follows, viz for advertising said estate for sale in the Worcester & two of the Boston papers X13-10- For cash pd. Mr. Bridge Ven- due master 11 Expences at the house where sd. estate was leased 3 1 Drawg. & executing 16 leases at £3 48 4 days time & expences in ad- 158 THE CHANDLER CONFISCATION vertising the sale in different towns, attending the vendue & viewing the situation of the premises & receiving monies, 60 Fees at the probate office for framing, examining, allowing & recordg. this account & for 2 copies of the same 18 £ 153-11 Kemains £3929-13 Worcester, ss. May 2d, 1780. Then personally ap- peared Joseph Allen, Agent as abovesaid & made solemn oath to the truth of the foregoing account & producd vouchers for the payments therein contained. I allow thereof by which it appears he has a ballance in his hands of the rents of the said Absentee's estate to the amount of £3929-13 which I order him to pay unto the Treasurer of this State agreeable to a resolve of the great & General court for that purpose. Levi Lincoln, J. Prob. (Endorsement on back} 17. Case 10938 Series A. John Chandler Acct. current of Joseph Allen, Agent. Sworn to May 2, 1780. Copy. Attest : (Signed) George H. Harlow Register. APPENDIX 159 [Number 18.] Worcester, Decemr. 25th, 1781, We the subscribers appointed by the Honorable the Judge of Probates for the County of Worcester to receive & examine the claims of the several creditors upon the estate of John Chandler, Esqr., late of Worcester in the County aforesaid an absentee, have attended said service and find there is due to the following persons the sums expressed Against their respective names (viz) No. 1. To Jonathan Gates, Jnr. Worcester on account X5-12- 2. To Nathaniel Heywood, Shrewsbury on acct. 3-11- 3 To John Fisk, Worcester, on note 14- 3- 4 To Philip Donehue, Worcester on account 0-16- 5 To William Trowbridge, Worcester on Acct. 1-14- 2 6 To Edmond Herd, Lancaster, on acct. 1- 5- 8 7 To James Lloyd, Boston, on Acct. 1- 3- 8 To Benja. Green & Sons, Boston on Acct. Against John and Clark Chandler, Being the one half of the Acct. 576-14 9 To Rufus Green, Benjamin Green executor Boston estate on bonds being the one half of the bonds due from John & Clark Chan- dler, compt. 392-6-107 10 To Thomas Fayerwearther, Esqr. Cambridge, exectr. to Mary Hub- bard on Bond 135- 5- 160 THE CHANDLER CONFISCATION 11 To George Bethone, little Cam- bridge on bond 276- 12 To Daniel Bancroft, Salem on Acct. 14-18-11 13 To Benjamin Green & Sons, Boston Note & Acet. 422-19- 2 14 To Kobert Smith, Murryfield, on acct. 30-00 15 To Mary Chandler, Worcester on acct 103- 9- 4 £1979-18- IV2 Charge on Commrs. 5 10 Interest computed on Bonds notes &c. Jany. 1, 1782. The above sums are allowed by us the subscribers. Saml. Curtis Nathan Perry Commissioners. Saml. Brown. To receiving, examining, allowing & re- cording the return o£ the Commissioners, swearing the sd. commissioners and Cer- tificate of claims to the Governor 0-10-0 Worcester, May 7th, 1782. The Honorable Levi Lin- coln, Esq, Judge of the Probate of Wills &c. in and for the County of Worcester, hereby accepts of and allows the foregoing report of the Commissioners by him ap- pointed to receive and examine the claims of the creditors to the estate of John Chandler, Esq. late of Worcester, an absentee, by which it appears the whole amount of the claims exhibited against said estate as allowed by the said Commissioners is the sum of £1979-18-1-2, together with the sum of £5-1-0 due to the said commissioners for their service and the sum of ten shillings due to the APPENDIX 161 probate office for examining, accepting & recording the return of the commissioners, swearing the commission- ers &c and mailing a certificate of the claims to the Gov- enor. Levi Lincoln, J. Prob. (Endorsement on back) 18. Case 10938 Series A. John Chandler. Report of Saml. Curtis, et als, commrs. to examine claims. Dec. 25, 1781 and Jan. 1, 1782 Decree May 7, 1782 Copy. Attest : (signed) George H. Harlow, Register. [Number 19.] Commonwealth of Massachusetts. Worcester, ss . May 20th, 1782. These are to Certify all whom it may concern. That in Pursuance of the Laws of this Commonwealth, Commis- sioners have been duly appointed by the Judge of Probate, &c. for the said County of Worcester, with full Powers to receive and examine the Claims on the estate of the Honrable John Chandler Esq. late of Worcester, in said County, an absentee, and to report thereon, and that said Commissioners have agreeable to the law made their report to the said Judge of Probate, on oath, by which it appears that the sum of eight hundred and thirty pounds, three shillings & six pence Vi lawful money of this Common- 162 THE CHANDLER CONFISCATION wealth, at the rate of silver at Six shillings and eight Pence per Ounce, is the whole amount of all the claims exhibited against the estate of the said absentee and that the sum of Three hundred & thirty five pounds 6/ I-V2 Lawful money, in gold and silver, is due from said estate to The Honorable John Erving, Esq. of Boston, one of the afore- said Claimants. Levi Lincoln, Judge of Probate. (Endorsement on back) 19. Case 10938 Series A. John Chandler Cert, of claim of John Erving. May 20, 1782 Copy. Attest: (signed) George H. Harlow Register. [Number 20.] Commonwealth of Massachusetts. Worcester, ss. May 20th, 1782. These are to Certify all whom it may concern, That in Pursuance of the Laws of this Commonwealth, Commis- sioners have been duly appointed by the Judge of Probate, &c for the said County of Worcester, with full Powers to receive and examine the claims on the estate of The Honorable John Chandler, Esq. late of Worcester in said County an absentee, and to report thereon, and that said commissioners have agreeable to the law made their report to the said Judge of Probate, on oath, by which it appears that the sum of one thousand nine hundred & seventy nine pounds 18/ l-^g lawful money of this Common- APPENDIX 163 wealth, at the rate of Silver at Six shillings and eight pence per ounce, is the whole amount of all claims exhibited against the estate of the said Absentee and that the sum of one pound five shillings & eight pence lawful money, in gold and silver, is due from said estate to Edmond Herd of Lancaster one of the aforesaid Claimants. Levi Lincoln, Judge of Probate. (Endorsement on back) 20. Case 10938 Series A. John Chandler, Cert, of claim of Edmond Herd May 20, 1782. Copy. Attest: (signed) George H Harlow Register [Number 21.] Know all men by these presents, That we, Benjamin Greene of Boston, in the County of Suffolk, Merchant, David Sanderson of Petersham, Gentlemen & Samuel Chandler of Worcester trador, both in the County of Worcester & Commonwealth of Massachusetts are holden and stand firmly bound and obliged unto Levi Lincoln of Worcester in the County of Worcester, Esq ; and Judge of Probate of Wills, and for granting letters of adminis- tration for the said County of Worcester and to his suc- cessors in the said office, in the full and just sum of two thousand pounds lawful silver or gold money, of the Commonwealth of Massachusetts, to be paid unto the said Levi Lincoln or his successors in the said Ofi&ce ; to which payment well and truly to Be made, we bind ourselves, 164 THE CHANDLER CONFISCATION our heirs, executors and administrators, firmly by these presents. Sealed with our seals ; dated the twentieth day of May Anno Domini one thousand seven hundred and eighty- two. The condition of this present Obligation is such, that Whereas, John Fessenden, Caleb Ammidown and Jona- than Warner a committee appointed by the General Court of the Commonwealth of Massachusetts, to make sale of the real estates of Conspirators and absentees, in the County of Worcester for the purpose of paying the debts of such persons agreeable to a law of this Commonwealth intitled, " An act to provide for the payment of Debts due from the Conspirators and absentees, and for the recovery of debts due to them," have this day, in pursuance of the said law, and of an Act made in Addition to the same, paid to Benjamin Green of Boston in the County of Suffolk, Merchant, the sum of nine hundred and twenty pounds silver money being part of his debt and claim, duly allowed against the estate of John Chandler, Esqr. late of Worcester in the County of Worcester. The said Committee having sold the real estate of the said John Chandler, Esqr. according to the said law ; Now, if there shall appear further just claims and debts against the estate of the said John Chandler so as to cause the same to be rendered insolvent, and the said Benjamin Green, David Sanderson, & Samuel Chandler, their heirs, executors, or administrators, or any of them, shall pay back the rateable proportion of the said nine hundred & twenty pounds of such further claim or debt, paid as afore- said, to the said Levi Lincoln or his successors in said office, so that all the creditors may receive in proportion to their just demands, without fraud or delay, then this APPENDIX 165 obligation to be void, otherwise to remain in full force and virtue. Signed, sealed, and delivered in presence of Danl. Keyes Benja. Greene (seal) Joseph Washburn. David Sanderson, Jr. (seal) Saml. Chandlee (seal) (^Endorsement on back) 21. Case 10938 Series A. John Chandler. Bond of Indemnity of Benjamin Greene et als May 20, 1782. Copy. Attest: (signed) George H Harlow Register. [Number 22.] Worcester, ss. Commonwealth of Massachusetts By the Honble Joseph Dorr, Esqr. Judge of the Probate of wills, and for granting letters of administra- (seal) tion and letters of Agency on the estates of absentees &c. To Samuel Curtis, Esqr., Nathan Perrey, and Samuel Brown, Gent, all of Worcester in the Commonwealth aforesaid. Greeting. Whereas you were appointed by the Honbl Levi Lin- coln Esq. late Judge of Probate for said County to receive and examine the claims of the creditors on the estate of John Chandler, Esqr. late of Worcester, an absentee, and have made your report, but whereas it has been made to appear that there are further claims upon 166 THE CHANDLER CONFISCATION the estate of the said John which have not been exhibited, you are therefore, agreeable to a resolve of the great and General Court of the Commonwealth aforesaid. Dated March 7th, 1782, re-appointed commissioners with full power and authority to receive and examine all claims and how they are made out of the several creditors to the estate of the aforesaid John Chandler which have not allready been examined. You are to cause the times and places of your meeting to attend them for receiving and examining their claims to be made known and published by posting up the same in some publick places in the shire town of the County aforesaid, and by advertising the same in the Independence Chronicle printed by Willis in Boston and in the Newspapers printed in Worcester, and you are to make report & to present a true list to me, the said Judge upon oath of all such claims as to you upon examination appears justly due and owing from said absentee at or before the tenth Day of April a. d. 1783, When you are to make return of this commission with all your doings thereon and all according to the directions of the law. In testimony whereof I have hereunto set my hand and seal of office dated at Worcester the tenth day of January A. D. 1783, and in the seventh year of American Inde- pendence. Joseph Dorr, J. Prob. (^Endorsement on back) 22. Case 10938 Series A. John Chandler Re-appointment of Samuel Curtis et als, commrs. to examine claims not previously allowed. Jan. 10, 1783. APPENDIX 167 Copy. Attest : (signed) George H. Harlow Register [Number 23.] Worcester, ss. Commonwealth of Massachusetts, (seal) By the Honble. Joseph Dorr, Esqr. Judge of the Pro- bate of wills, & for granting letters of administration and letters of agency on the estates of absentees &c. To Samuel Salisbury & John Nazro, merchants and Eli- jah Dix, Physician, all of Worcester in the County <& Commonwealth aforesaid, Greeting. You are hereby nominated and appointed according to a late law of this Commonwealth, commissioners with full power & authority to receive and examine all claims, that have not been examined & allowed by the former commis- sioners and how they are made out, of the several credit- ors to the estate of John Chandler, late of Worcester in said County, Esqr. an absentee who left this Common- wealth and fled to our enemies for protection, since the 19th day of April A. D. 1775, and to the end that said creditors may bring in their claims, you are to cause the times and places of your meeting to attend them for receiving and examining their claims to be made known and published by posting up the same in some publick places in the shire town of the County aforesaid. And by advertising the same in the Independant Chronicle printed by Willis in Boston and in the News papers printed in Worcester. . And you are to make report and to present a true list to me the said Judge (upon oath, of all such claims as to 168 THE CHANDLER CONFISCATION you, upon examination, appears justly due and owing from said absentee that have not been examined as afore- said, at or before the sixth day of May a. d. 1783, When you are to make return of this commission, with all your doings thereon. And all agreeable to the Directions of the law. In testimony whereof I have hereunto set my hand and seal of the said Court of Probate, Dated at Worcester this sixth day of February a. d. 1783 and in the seventh ytar of American Independance. Jas. Dorr, J. Prob. (^Endorsement on back) 23. Case 10938 Series A. John Chandler Warrant appointing commrs. to examine claims. Feb. 6, 1783. Copy. Attest : (signed) George H. Harlow Register. [Number 24.] Worcester, ss. Commonwealth of Massachusetts By the Honbl. Joseph Dorr, Esqr. Judge of the (seal) Probate of Wills and for granting letters of ad- ministration, and letters of Agency on the estates of absentees &c. To Daniel Waldo & John Nazro, Merchants, and Elijah Dix Physician, all of Worcester, in the County and Com- monwealth aforesaid, Greeting. You are hereby nominated and appointed according to a APPENDIX 169 late law of this Commonwealth commissioners with full power and authority to receive and examine all claims that have not been examined & allowed by the former commissioners, and how they are made out, of the several creditors to the estate of the Honbl. John Chandler, late of Worcester in said County, Esq, an absentee, who left this Commonwealth and fled to our enemies for protec- tion since the nineteenth day of April a. d. 1775, and to the end that said creditors may bring in their claims, you are to cause the times and places of your meeting to attend them, for receiving and examining their claims to be made known and published by posting up the same in some publick places in the shire town of the County aforesaid, and by advertising the same in the Independ- ant Chronicle, printed by Willis in Boston and in the Newspapers printed in Worcester, and you are to make report, & to present a true list to me, the said Judge upon oath, of all such claims as to you upon examination, appears justly due and owing, from said absentee (that have not been examined or approved) at or before the 20th day of May a. d, 1783 when you are to make return of this commission with all your doings thereon. And all agreeable to the directions of the law. In testamony whereof I have hereunto set my hand and seal of the said Court of Probate. Dated at Worcester the 20th day of February a. d. 1783. And in the sev- enth year of American Independance. Jos. DoRE, J. Prob. Worcester 20 May 1783. In pursuance of the within commission to us directed we have examined the following claims on the estate of John Chandler, Esqr. an absentee and find due to the several persons, undermentioned, the followg. sum, viz : — 170 THE CHANDLER CONFISCATION 1783 May 6 Benjamin Greene ^6240-11- 9 Do Martha Greene principal & interest up to April 6, 1782 591 Do Sarah Greene, principal & Ints. up to March 26, 1781 42- 2- 6 Do Gardiner Williams prin- cipal & interest up to 1 May 1783 47-15 Do Charles & Saml. Chan- dler, principl. & in- terest up to May 1783 with interest till paid 125- 3- 2 X1046-12- 5 Advertising expences 1-14- Attendance 3-12- 5-6-0 1051-18- 5 Danl. Waldo , Jno. Nazro. Commisons. Elijah Dix. Worcester, ss. June 3d, 1783. Personally appeared the within named commissioners and made solemn oath that in executing the trust reposed in them by virtue of this Commission, they acted faithfully and impartially according to their best skill and judgment. Coram Joseph Wheeler, J. Pacis. By order of the Hon. Judge. (Endorsement on back) 24. Case 10938 Series A. John Chandler Warrant appointing commrs. Feb. 20, 1783 Return of Commrs. May 20, 1783 APPENDIX 171 Oath administered June 3, 1783 Oct. 7, 1783 Worcester, ss, Octr. 7th, 1783- Examined & accepted. Jos Dorr, J. Prob. This report has been certified to the Governor in Council. Pr. Jos. Dorr, J. Prob. Copy. Attest : (signed) George H. Harlow Register. [Number 25.3 Know all men by these presents, that we, George Bethune of Cambridge in the County of Middlesex, Esq. & William Hunt of Watertown in the same County, Esqr. and Levi Lincoln of Worcester, Esqr are holden and stand firmly bound and obliged unto Joseph Dorr, of Mendon in the County of Worcester, Esq ; and Judge of Probate of Wills, and for granting letters of administra- tion for the said Coimty of Worcester and to his success- ors in the said office, in the full and just sum of five hun- dred and fifty-two pounds, lawful silver or Gold money, of the Commonwealth of Massachusetts, to be paid unto the said Joseph Dorr, or his successors in the said office ; to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals ; dated the first day of March, Anno Domini, one thousand seven hundred and eighty- three. The condition of this present Obligation is such, that whereas, John Fessenden of Rutland and Jonathan War- ner of Hardwick, Esquires and Caleb Amidon of Charlton, 172 THE CHANDLER CONFISCATION yeomen all in the County of Worcester, a Committee appointed by the General Court of the Commonwealth of Massachusetts, to make sale of the real estates of con- spirators and absentees, in the County of Worcester for the purpose of paying the debts of such persons, agreeable to a law of this Commonwealth, intitled, " An act to pro- vide for the payment of debts, due from the conspirators and absentees, and for the recovery of Debts due to them," have this day, in pursuance of the said law, and of an Act made in addition to the same paid to the sd. George Bethume the sum of two hundred & seventy-five pounds being his the sd. George Bethunes debt and claim, duly allowed against the estate of John Chandler, Esq. late of Worcester in the County of Worcester an absentee. The said Committee having sold the real estate of the said John Chandler according to the said law : Now, if there shall appear further just claims and Debts against the estate of the said John Chandler so as to cause the same to be rendered insolvent, and the said George Bethune & William Hunt & Levi Lincoln their heirs, executors, or administrators, or any of them, shall pay back the rateable proportion of the said two hundred & seventy-six pounds of such further claim or debt paid as aforesaid, to the said Joseph Dorr or his successors in said office, so that all the creditors may receive in propor- tion to their just demands, without Fraud or delay, then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed and delivered in presence of Geo. Bethune (seal) Seth Hastings William Hunt (seal) Mary Ann Jones Elijah Demond to Levi Lincoln (seal) Test. APPENDIX 173 (^Endorsement on bach) 25. Case 10938 Series A. John Chandler. Bond of Indemnity of George Bethume et als. March 1, 1783. Copy. Attest : (signed) George H. Harlow Register. [Number 26.] " Worcester, ss. October 7th, 1783. The Honorable Joseph Dorr, Esqr., Judge of the Probate of Wills &c. in and for the County of Worcester hereby accepts & allows the foregoing report of the commissioners reap- pointed to receive and examine the claims of the cred- itors on the estate of the Hon. John Chandler, late of Worcester in said County, an absentee, not heretofore examined and allowed by which it appears that the amount of the claims exhibited against said estate as allowed by said commissioners is the sum of X1046-12-5 which in addition to the claims heretofore allowed is the whole of the claims exhibited against said estate, together with .£5-6-0 due to said Commissioners for their service in advertising attendance, &c. And the sum of 12/ for making out the commission ex- aming accepting and recording this report and making a certificate of the claims to his Excellency, the Govenor. Joseph Dorr, J. Prob. By order of the Hon. Judge Joseph Wheeler, Kegr. 174 THE CHANDLER CONFISCATION (Endorsement on back) 26, Case 10938 Series A. John Chandler Decree allowing report of Saml. Curtis et als, commrs. Oct. 7th 1783. Copy. Attest : (signed) George H. Harlow Register. [Number 27.] Worcester, ss. The acct. of Joseph Allen, Agent on the estate of John Chandler, Esqr. an absentee. 1777 The said accomptants chargeth himself as follows, viz: June To cash reed, for the sale of a number of cattle at Vendue <£195- 9- 6 To cash reed, of the Comte. of Corre- spondce. &c of the Town of Worces- ter 86-14- 3 1778. To Sundry obligations by the Comtee. aforesd. & which have been paid to Febry. said agent viz : — 1 against Charles Stearns & Jona. Gates for X20- 0- 1 against the same persons for 57 1 against Phineas Jones for 13- 6- 8 1 against do for 25 APPENDIX 175 1 against John Cunning- ham for 11- 8 1 against do for 54-13 1 against Josiah Gates for 50 231- 7- 8 Deer. To cash reed of the ComF of Murray- field for monies in their hands be- longing to sd. estate 53- 8- 8 To cash reed, of the Comt. for a pew leased by them to Capt. Stanton 1- 4 1779 To do reed, for lease of 3 pews com- mencing April 1778 ending April 1779 11- 5 To do reed, of Phs. Jones for lease of farm commencing April 1778 & ending in April 1779 40- To do reed, of Charles Stearns & Jona. Gates for lease of farm commencing & endg. as before 120 To do reed, of Josiah Gates for lease of a farm commencing & ending as before 41 To do reed, of John Cunningham for lease of the house &c. which he oc- cupied com. & endg. as before 40 To do reed, of Benja. Kich for lease of part of a farm in Charlton, com- mencing & endg. as before 14 X834- 9- 1 And prays allowance as follows, viz, For counterfeit Hampshire bill reed, of the commit- tee of Worcester X5- 0- For time, expences & trou- 176 THE CHANDLER CONFISCATION ble in venduing cattle, advertizemts. receiving monies & paying the same again 5 pr. cent 41-10- 1777 June For one journey from Lei- cester to Worcester to take letters of agency 0-10 1 For cash paid at the pro- bate office 10 2 For cash paid William Taylor for rates 10- 2- 5 For Journey to Worcester, procuring cattle from sundry places & assist- ance in driving them 18 3 For cash paid Phinehas Jones, keepg. cattle 3- 8- 2 4. For do pd. Chs. Stearns & Jona. Gates, ditto 2 For do paid Mr. Baldwin for searching records & making extracts of the purchases & sales of real estate by said Chandler 8 For cash pd. Selectmen of Worcester for Apprais- ing the value of rents in 1778, by order of the Genl. Court 6- 0- For cash pd. the Comtee. of Correspce. of Worcester for their trouble in man- aging the estate before the appointment of an Agent 16- 0- APPENDIX 177 5. For cash paid Wm. Moor, constable of Murrayfd. for taxes 26- 2- 8 6 pd. Phinehas Jones 3-8-2 7 paid Obadiah Newton 20 8 Paid Zebulon Kose Con- stable of Norwich, for taxes 3-15 9 Paid Thaddeus Newton 44-16- 4 10 Paid Henry Bond, Con- stable of Royalston for taxes 2- 8 11 Paid Thos. Stearns, Con- stable of Leominster for do 2- 7- 2 12 Paid Wm. Forbes, Con- stable of Norwich for do 0-12- 9 13 Paid Wm. Pyncheon, Esqr. 12 14 Paid Aaron Bascom for Constable of Murray- field, for taxes 41-12- 2 15. Paid Phinehas Jones 1-10- 16 Paid John Fry & others appraisers at Royalston 6- 4- 1779 17 Paid Saml. Curtis & others appraisers 9 18 Paid Ebenezer Wis wall 3 19 Paid John Kirkland, Esq. & others appraisers in the County of Hamp- shire 47 8 days time & expences & horse hire in May 1778 on journey to Murray- 178 THE CHANDLER CONFISCATION field & Norwich in the County of Hampshire, at M pr. day 32 3 days time & expences attending appraisers in Worcester, X4 pr. day, expences of appraisers M 16 4 days time & expences at- tending appraisers at Royalston, in Deer. 1778 at £6 24 2 days time & expences at- tendg. appraisers at Roy- alston Octo. 1778 at £5 10 Expences of appraisers at Royalston 1 20 Hampshire money &c which I now have 5-16 A journey to Roxbury & attending upon the Gen- eral Court in April 1778 for orders respecting the leasing of absentees es- tates 6 days at 4 pr. day including expences 1/2 is 12 Attending on the selectmen of Worcester & shewing the estates to be ap- praised according to or- der of the Genl. Court, 1 day & expences <£4 1/2 is 2 409- 2-10 £425- 6- 3 APPENDIX 179 Balance being X425 on May 3d, 1779 is in silvir X34-13- 3 The said accomptant charges himself with balance brought up (in silver) X34-13- 3 Also with the following obligations &c now in his possession viz : — against Ephraim Curtis for rent of a shop in Worcester for the years 1776, 1777, & 1778 4- 2- 4 Against Levi Lincoln Esqr. for rent of an office for the same years 10-19 Against Nahum Willard for rent of a pew in 1776 1- Eecd. of John Kirkland, Esq. 55 old currency, June 27, 1780 16 Reed, by do of the Committee in Mur- rayfield for rent June 27, 1780 15- 3 Reed, of Paul Gates rent for 1781 leased by auction by order of Com- tee. of Genl. Court on forfeited es- tates 25- Daniel Bigelow's Bond for rent due in 1777 18 £95- 5-10 And further prays allowance as fol- lows ; — viz, For my trouble & expences in settling receiving & paying the sum of £56-10-3 venduing &c 2-16- 3 For what was due from Ephrm. Curtis he hav- ing died & left no es- tate 4- 2- 4 180 THE CHANDLER CONFISCATION - f>>:^. - cit the pr o- ba l e umcc Msij, 1779 X6-2-6 old currency ^ -0 — &— 8- 22 Paid Amos Putnam £28-17 O. Currency 14 3 24 Paid Stearns & Gates £90, O. currency 2 10 25 Paid the Comrs. who set ofe Mrs. Chandlers 3d? 3 11 4 Paid the Comrs. expences while on sd. business 16 My own time & expences while on said business, 7 days & my horse part of said time at 15/ 5 5 One journey to Leominster of myself in June 1781 respecting trespasses said to be committed on said Chandler's land there, 2 days & horse & expences 1 10 Attce. at the probate office for settlemt. of this ac- count 4 To 3 warts, of apprize- ment 6 6 Carried over £21 15 8 Debt. Brot. forward £95- 5-10 Credit Brot. do £21-15- 8 To swearing the appraizers 10 To examining, swearing to & recording the inven- tory 18 To copying the Inventory 12 APPENDIX 181 To Warrant to set off the wives 3ds 3 To swearing the commis- sioners 1 To examing, allowing, copying and recording the return of the com- missioners to set off the wives third 11 To Commission to examine the claims of the credit- ors 2 To swearing the commis- sioners 1 To appointing an Atty. to Defend said estate 3 To making allowance to the wife out of the personal estate copying & record- ing the same 7 To receiving examining and recording the report of the commissioners for examg. claim & making report thereof to his ex- cellency the Govenor 9 To do upon the second commr. 13 6 To framing examg. copying & recording this account conres. the agent &c. 13 X26-10- 2 Balance due X68-15- 8 N. B. The one half of the personal estate contained in an inventory exhibited into the probate was delivered to 182 THE CHANDLER CONFISCATION the wife of said Absentee by order of the Judge of Pro- bate & the remainder was reed, by the Committee of Confiscation for the County of Worcester. Worcester, ss. February 3d, 1874 Personally appeared Joseph Allen, Esq. Agent as above and made solemn oath to the truth of the foregoing account & produced vouchers for the payments therein contained. I allow thereof, by which it appears he has a balance in his hands the sum of £68-15-8 which sum I have reed, of the said Agent in full, and he is thereupon discharged. (Endorsement on back) 27. Case 10938 Series A. John Chandler Final account of Joseph Allen, Agent Feby. 3, 1784. Copy. Attest: (signed) George H. Harlow Register [Number 28.] Worcester, Apl. 14th, 1785. Recvd. of Joseph Wheeler, Esqr. Reg. of Probate for the County of Worcester, a certificate of the claim upon the estate of Jno. Chandler, Esq. absentee in favour of Thos. Fayweather, Esq. of Cambridge. Pr. David Sanderson, Junk. {Endorsement on back) 28. Case 10938 Series A. John Chandler Receipt for Cert, of claim of Thomas Fayweather. Apr. 14, 1785. APPENDIX 183 Copy. Attest : (signed) George H. Harlow Register. [Number 29.] Commonwealth of Massachusetts. In Senate June 15th, 1785. On the petition of Thadeus & William McCarty. Resolved that the prayer of their petition be so far granted as that the Judge of Probate for the County of Worcester be & he hereby is authorized & empowered to appoint commissioners to examine the claim of the said Thadeus & William Maccarty against the estate of John Chandler late of Worcester, absentee ; & in case the said claim shall be allowed by the said commissioners & ap- proved of by the said judge, the same shall be paid out of that part of the said Chandler's estate that was set off for his wife's dower after the expiration of two years from the eleventh day of February 1785 that being the term for which the children of the said John Chandler are entitled to the income & improvement of the said estate by an order of the General Court of the 11th of February last. Sent down for Concurrence, Saml. Phillips ye. Presidt. In the House of Representatives 15th June, 1785. Read & Concurred. Approved Nathl. Gorham Spkr. James Bowdoim. A true copy, Attest. John Avert Junr. Secretary. 184 THE CHANDLER CONFISCATION (^Endorsement on back) 29. Case 10938 Series A. John Chandler Certified copy of resolve of Legislature authorizing Judge of probate to appoint commrs. to examine claim of Thaddeus & William Maccarty. June 15, 1785. Copy. Attest : (signed) George H Harlow Register. [Number 30.] Worcester, ss. (seal) Commonwealth of Massachusetts To Mr. Daniel Waldo Mercht. Elijah Dix, physician & John Nazro Mercht. all of Worcester in said County, Greeting. Pursuant to a resolve of the great and general Court of the Commonwealth of Massachusetts, Dated June 15th, 1785. You are hereby appointed to be commissioners, on oath, to receive and examine the claim of Doctr. Thaddeus Maccarty & Mr. William Maccarty, executors on the last will and testament of the Revd. Thaddeus Maccarty late of Worcester in said County, deceased, against the estate of the Honble. John Chandler, Esqr. late of sd. Worcester an absentee, you are to give notice to the said Thads. & William of the time & place of your meeting to attend them for that purpose. APPENDIX 185 And you are to make return of this warrant with your doings thereon unto the Registers office of Probate in the same County as soon as conveniently may be. Given under my hand & seal of office this 1st day of June A. D. 1787. Jos. Dorr, J Prob. Worcester, ss. July 9th, 1787. Messueurs David Waldo, Elijah Dix & John Nazro within named person- ally appeared & severally made oath, that in receiving & examining the within mentioned claim, they will act faith- fully & impartially according to their best skill & judg- ment. Before me, Jos. Allen, Jus. Pacis. Worcester, ss. July 10th 1787. By virtue of the within warrant we the subscribers, have examined the claim of Doctr. Thads. & William Maccarty, Exors. to the estate of the Revd. Thads. Maccarty, and it appears to us that the estate of the within mentioned John Chandler is en- debted to said estate twenty three pounds, thirteen shil- lings & eight pence, viz for sd. Chandlers note not on Interest X20- 9- 8V4 For copy of Court resolve 3 For commrs. warrant 3 For their journey to Boston & attendg. Court 2 Cost for the Commissioners 18 £23-13- 8V4 Danl. Waldo. John Nazro. Elijah Dix. 186 THE CHANDLER CONFISCATION (Endorsement on back) 30. Case 10938 Series A. John Chandler Warrant appointing commrs. to examine Maccaxty claim. June 1, 1787. Oath administered July 9, 1787 Return of Commrs. July 10, 1787. Copy Attest : (signed) George H. Harlow Register. B. A CERTIFIED TRANSCRIPT OF THE RECORDS OF THE CASES OF THE STATE VS. CHANDLER UNDER THE CONFISCATION ACT IN 1780 BROUGHT IN THE INFERIOUR COURT OF COMMON PLEAS. [Number 31.] The Commonwealth of Massachusetts. Worcester, ss. At an Inferiour Court of Common Pleas begun and held at Worcester within and for the County of Worces- ter, on the second Tuesday of December, being the twelfth day of said month, Annoque Domini One thousand seven hundred and eighty, by Adjournment from the first Tues- day of the same December, by a Resolve of the Great and General Court. Present, The Honble. Moses Gill, Esq ; 1 Justices The Honble. Joseph Dorr, Esq ; > of said and Joseph Wheeler, Esq. (special) j County. State vs. Chandler. Levi Lincoln of Worcester, in the County of Worces- ter, Esqr., Attorney for the late Government & people of the State of the Massachusetts Bay, in New England, now Commonwealth of Massachusetts, specially appointed for this purpose by Robert Treat Paine, Esqr. their At- torney General in their behalf, comes into Court further to prosecute his Complaint against John Chandler, late of said Worcester, Esqu. 188 THE CHANDLER CONFISCATION In that the said John Chandler, since the nineteenth day of April, in the year of our Lord Seventeen hundred & seventy five, viz. on the first day of April, a. d. One thousand seven hundred & seventy nine, at London, in the Kingdom of Great Britain, levied War, & conspired to levy War, against the Government & people of this Province, Colony & State, & of the United States ; and did then & there adhere to the King of Great Britain & to his fleets & armies, enemies of this said Province, Colony & State, & of the United States, & then & there did give them aid & comfort. And that the said John Chandler before the said nineteenth day of April viz. on the said first day of January, in the year of our Lord Seventeen hundred & seventy five, & after the arrival of Thomas Gage Esqr. late Commander in Chief of all his Britannic Majesty's forces in North America, at Boston, the metropolis of this State, did withdraw from Worces- ter aforesaid, his usual place of Habitation within this State, into the said Town of Boston with an intention to seek & obtain the protection of the said Thomas Gage, & of the said forces then & there being under his Com- mand. And that the said John Chandler, since the said nineteenth day of April, viz., on the first day of March in the year of our Lord Seventeen hundred & seventy nine, did withdraw without the permission of the Legis- lative or Executive Authority, of this or any other of the said United States, to the Kingdom of Great Britain then being under the acknowledged authority & dominion of the said King & that the said John Chandler since the said first day of January & the said first day of March hath not returned into any of the said United States & been received as a subject thereof. And that the said John Chandler, by reason of the premises, has freely re- nounced all civil & political relation to each & every of the said United States & is become an Alien. And that APPENDIX 189 the said John Chandler before the said nineteenth day of April, viz. on the said first day of January was seized & possessed, & now intitled to be seized & possessed, & to have, hold & demand to his own use a tract of land lying about three miles Southwestwardly from the meeting house in Koyalston, containing by estimation two hundred acres, being Lot No. 26 and bounded Eastwardly on Lot No. 31, Southwardly partly on Lot No. 25, & partly on Lot No. 22, Westwardly on Lot No. 21, Northwardly partly on Lot No. 20, & partly on Lot No. 27. — Also another tract of land situate about two miles & half Southerly from the meeting-house in Royalston aforesaid, containing by estimation two hundred acres, being Lot No. 52, & bounded as follows, beginning at the North- west corner of the same by a stake & stones, & then run- ning South on Thomas Fairweather's land to a stake & stones on Athol line, then East by Athol line to a stake & stones on land of the heirs of Nahum Greene, then North by said Greene's land to a stake & stones on Jon- athan Sibley's land, then West by said Sibley's land to a stake of stones, then on said Sibley's land to a stake of stones on Ebenezer Elliot's land, then West by said El- liot's land to the bounds first mentioned. — Also another tract of land lying in the Northeastwardly part of said Koyalston, about three miles & an half from the said meeting-house, containing by estimation two hundred acres, & being Lot No. 91, — boimded as follows, begin- ning: at the North west corner of said tract at a stake & stones on the old Province line, then running South by Lot No. 89 & Lot No. 88 & Lot No. 87 to a stake & stones on land of Michael French, then turning & run- ning by said French's land to a stake & stones, then turn- ing & running North by land of Francis Chase & Jonas Thomson to the State line to a stake & stones, then West- wardly on the State line to the first mentioned bounds. — 190 THE CHANDLER CONFISCATION Also anotlier tract of land lying in the Northeast cor- ner of said Royalston, containing by estimation two hun- dred acres, being Lot No. 95, & bounded as follows, — beginning at a stake & stones on the Northeast corner of Peirpoint's Farm, then running North on land of John Hancock Esq. to a stake & stones on the State line, then Westwardly, on the State line to a stake & stones to the corner of Lot No. 94, then running South by said Lot to a stake & stones on Peirpoint's farm, & then running East on said Farm to the first mentioned bounds. — Also another tract of land lying in a place called E. Royalston Leg. being Lot No. 103, situate North from Winchendon meeting house about three miles & an half, containing by estimation two hundred acres, & bounded as follows, viz., beginning at the Southwest corner at a stake & stones, then running East on Winchendon North line to a stake & stones, then turning & running North by Lot No. 104 to a stake & stones on the State line, then running West on the State line to a stake & stones, then turning & running South by Lot No. 102, to the first mentioned bounds. — Also one ninth part part of Lot No. 22, con- taining by estimation two hundred acres. — Also one ninth part of Lot No. 50, containing about ninety acres. — Also one ninth part of Lot No. 70, containing by estima- tion two hundred acres. — All the above said tracts or Lots of Land lying in Royalston, in the County afores'd. & bounded as above respectively described & as the same may be bounded, plotted & recorded in the Proprietors Book of Records in said Royalston, with all the privileges, appurtenances & Easements to the several tracts or Lots of land belonging to him & his heirs forever. — Also that the said John Chandler, since the said nine- teenth day of April, viz. on the said first day of March, & the said first day of April, was seized & possessed & was intitled to be seized & possessed & to have, hold & APPENDIX 191 demand to his own use, each & every of the above de- scribed tracts & Lots of land, with all the appurtenances, privileges & easements to the said several tracts or lots of land belonging to him & his heirs forever. — And the said Levi Lincoln further alledges that by force of the premises & of the law of this State intituled "An Act for confiscating the Estates of certain persons commonly called Absentees " the said several tracts & Lots of land with their appur'nces. ought to escheat, enure & accrue to the sole use, benefit & behoof of the Government & people afores'd : therefore praying the advice of the Court herein the premises, & that due process of law in this behalf may be made — as by said Complaint on file appears. — Which Complaint was exhibited to the Justices of the Inferiour Court of Common Pleas, begun & held at Worcester, within & for the County of Worcester, on the first Tuesday of September, Anno Domini One thousand seven hundred & seventy nine ; — Thereupon it was con- sidered & ordered by the Court that the said Complaint be continued to the next Inferiour Court of Common Pleas, to have been holden at Worcester, within & for the County of Worcester, on the first Tuesday of Decem- ber then next following, & which by Adjournment of the Great & General Court was held on the second Tuesday of the same December, & that the Clerk of this Court make out a notification thereof containing a description of the lands, tenements & hereditaments set forth in said Complaint, that all persons claiming sd. said Estate, or any part thereof, may then & there enter their said claim. At which last mentioned term Jonathan Rice, one of the Deputy Sheriffs within & for said County, made return of said Notification issued agreeably to the said Order in the words following, viz. — " Worcester ss. November 3d, 1779. In Obedience to the within Warrant to me directed, 192 THE CHANDLER CONFISCATION there being no Mansion house on the above described demanded premises, I have posted up an attested Copy of the foregoing Notification in a publick place in the Town in which the above described premises lie, — and have also left an attested copy of said Notification at the last & usual place of abode within this State of the within named John Chandler as the Law directs — Jonathan Eice, Dep'y. Sheriff." — And the said Levi Lincoln Esqr. appeared further to prosecute the said Complaint, & no person appearing to take upon him the Defence of this Suit, the same was further continued by order of Court to the Inferiour Court of Common Pleas, begun & held at Worcester, within & for the County of Worcester, on the last Tuesday of March last, at which last men- tioned term the said Levi Lincoln Esqr. appeared further to prosecute the said Complaint, & John Sprague, Esqr. appeared to take uj3on him the Defence of this Suit, & thereupon the same was further continued by order of Court to the next Inferiour Court of Common Pleas, begun & held at Worcester, within & for said County, on the second Tuesday of June last, when and where the said Levi Lincoln, Esqr. appeared further to prosecute the said Complaint, & the said John Sprague, Esqr. to take upon him the Defence of the same. Thereupon the said Complaint was further continued by order of Court to the Inferiour Court of Common Pleas, begun & held at Worcester, within & for sd. County, on the first Tuesday of September last, when & where the said Levi Lincoln Esqr. appeared further to prosecute the said Complaint, & the said John Sprague Esqr. to defend the same. Thereupon the said Complaint was further continued by order of Court to the Court of Common Pleas to have been held at Worcester, within & for the County of Worcester on the first Tuesday of December instant & which by a resolve of the Great & General Court was adjourned to the present time. — APPENDIX 193 And now neither the said John Sprague Esqr. nor any- other person appearing to take upon him the Defence of this Suit, Proclamation is made for any person or persons who have claim to the Estate in the said Complaint men- tioned, described & demanded, either in their own right, on on the part & behalf of the said John Chandler, or of any person whomsoever, to come & defend this Suit, & no person appearing to take upon him the defence of this Suit : — It is by the Court therefore Considered that the said John Chandler is Guilty in manner & form as in the said Complaint is alledged against him, & that the lands, tenements & hereditaments described in the said Com- plaint, with the appurtenances, privileges & easements thereunto belonging are forfeited, & do escheat, enure & accrue to the sole use & benefit of the Commonwealth of Massachusetts ; and that a writ of habere facias posses- sionem issue in behalf of the Commonwealth aforesaid to cause them to be seized & possessed of the same. [Number 32.] State vs. Chandler. Levi Lincoln, of Worcester, in the County of Worces- ter, Esqr. Attorney for the late Government & People of the State of Massachusetts Bay, in New-England, now Commonwealth of Massachusetts, specially appointed for this purpose by Robert Treat Paine, Esqr., their Attorney- General in their behalf, comes into Court further to prose- cute his Complaint against John Chandler, late of said Worcester, Esquire. — For that the said John Chandler, since the nineteenth day of April in the year of our Lord Seventeen hundred & seventy five, viz. on the first day of April, in the year of our Lord Seventeen hundred & seventy nine, at Lon- 194 THE CHANDLER CONFISCATION don, In the Kingdom of Great Britain, levied War & conspired to levy war against the Government & People of this Province, Colony & State, & against the other United States ; and that the said John Chandler did then & there adhere to the King of Great Britain & to his fleets & armies, enemies of this Province, Colony & State, & of the United States, & did then & there give them aid & comfort. — And that the said John Chandler, before the said nine- teenth day of April, viz. on the first day of January, in the year of our Lord Seventeen hundred & seventy five & after the arrival of Thomas Gage, Esqr., late Commander in Chief of all his Britannic Majesty's forces in North America, at Boston, the Metropolis of this State, did with- draw from Worcester aforesaid, his usual place of habita- tion within this State, into the said Town of Boston with an Intention to seek & obtain the protection of the said Thomas Gage & of the said forces then & there being under his Command. And that the said John Chandler since the said nineteenth day of April, viz. on the first day of March, in in the year of our Lord Seventeen hundred 0 ri it S w r^ =+-1 C o « 9 o" APPENDIX 211 [Number 39.] Massachusetts Archives, vol. 155 : 227 (2). Receiv^ of John Fessenden Esq^ The Committee for the Sale of Absentees Estates in the County of Worces- ter the Sum of Twenty Seven Shillings and five pence for the Expence at my House when Selling the land late the Property of John Chandler EsqT an Absentee. Gad Peirce [Number 40.] Massachusetts Archives, vol. 155 : 227 (3). To two Journeys to Worcester on Chandlers Estate Sold to Levi Lincoln Esq'^ from Rutland to Worcester 12 miles Each at 0/6 per mile ^ 0-12-0 To Expences on the Road 4/ ^- 4-0 John Fessendens Account <£ 0-16-0 Caleb Ammidowns Account on Chandlers farm Sold to Levi Lincoln to two Jour- neys from Charlton to Worcester 20 Miles Each at 0/6 per mile To Expences on the Road 6/ Amounting in the Whole to To one Journey to Worcester to advertise Royatson land 6/ Expences 4/ To one Journey from Rutland to Royatson To sell Chandlers Land 35 at /6 per mile Expences on the Road 8/ X 1- 0-0 0- 6-0 X 1- 6-0 0- 16-0 X2- 2-0 0- 6-0 0- . 4-0 0-17-6 0- - 8-0 3-17-6 £0-4-0 212 THE CHANDLER CONFISCATION [Number 41.] Massachusetts Archives, vol. 155 : 228. The Commonwealth of Massachusetts to the Probate Office for the County of "Worcester Dl For Sundry Servicies in settling the Estates of Absentees in said County, which have not been paid for by the Several Agents — (Viz) — Upon the Estate of John Chandler Esq' — For makeing two statements of said Estate & Certifying the same to the General Court agreeable to their Order ********* June 10'? 1874 Joseph Wheeler, Eeg"" [Number 42.] Massachusetts Archives, vol. 154 : 391-(4). Account of Warrants drawn by His Excellency the Governor on the Treasury in favor of Creditors to Ab- sentees Estates to be paid out of the proceed thereof. ********* Estate of John Chandler John Cunningham 36- 7-10 Daniel Bancroft 14-18-11 Nath? Heywood 3-11 54-17- 9 ********* John Avery, Sec^ D. JOHN CHANDLER, AMERICAN LOYALIST. HIS CLAIMS FOR "TEMPORARY SUPPORT" AND FOR "COM- PENSATION FOR LOSSES SUSTAINED," HIS MEMO- RIALS, SCHEDULES, EVIDENCES, AND PAPERS, COLLATED, EXTRACTED, AND TRANSCRIBED FROM OFFICIAL DOCUMENTS IN THE PUBLIC RECORD OFFICE OF ENGLAND BY BENJAMIN FRANKLIN STEVENS, L. H. D., A. A. S., F. S. A., AND PRESENTED TO THE AMERICAN ANTIQUARIAN SOCIETY, APRIL, 1901. TRANSCRIBER S NOTE OF CONTENTS. from Audit Office Loyal- ist series Bundle 73 Vol. 105 Temporary Support Copy of memorial to Lord G. Germain 2 Sept. 1776 7 Copy of memorial to the Treasury 11 Certificates 19-28 Commissioners' Statement in Book of Old Claims Extract 30-31 Compensation Bundle 73 Memorial 9 February 1784 " Schedule with names of Referees " Supplement to Schedule " Depositions N°° 1 to 5 of the above Referees ** Copy of Protest of the town of Worces- ter, mentioned in the Memorial above " Certified sealed copy of Writs, Judg- 35 41 59 65-116 117 214 THE CHANDLER CONFISCATION ments and Appraisements, fastened together with ribbon 127-260 Transcriber's note of duplicate of two writs and judgment 261 Bundle 73 Certificate concerning lands in Murray- field 29 Oct. 1783 263 (( Certificate concerning lands in Murray- field 31 Oct. 1783 269 (( Certificate of sale of Worcester estate 4 Nov. 1783 271 Bundle 73 John Chandler to M'. Forster 11 Oct. 1785 273 « Certificates enclosed 275-294 (( John Chandler to Mf Forster 10 Nov. 1785 295 (( John Chandler to Mf Forster 28 Feb. 1786 299 Bundle 73 Three Certificates fastened together with ribbon, enclosed in the forego- ing letter 303 Transcriber's note of a duplicate Cer- tificate 309 Bundle 73 Memorial 1 May 1787 311 <( John Chandler to Mf Munro 30 Aug. 1788 315 « Affidavit and accounts enclosed Transcriber's note of duplicate of 317 above letter and enclosure 337 Vol. 81 Extract containing reference to John Chandler 339 Vol. 82 Extract from a list of persons sustain- ing loss by forfeiture or confiscation 341 Vol. " Extract from accounts current of absen- tees estates 344-^ Vol. 83 Notes and Extract referring to John Chandler 347 Vol. 109 Item from the Commissioners' Liqui- dation Book 352-3 APPENDIX 215 (Pages 7 to 32 [Numbers 43-50 inclusive] are from Audit Oflfice Loyalist series Bundle 73 and are in a wrapper marked : — Temporary Support C T. B. Chandler John Mas. R/ . 6 NovF 1782) [Number 43.] To the Right Honorable Lord George Germaine His Majestys Principal Secretary of State for the American Department The memorial of John Chandler Esquire late of "Worcester in the County of Worcester and Province of the Massachusetts Bay in New England, but now Resident in London — Humbly Sheweth That your Memorialist, in Consequence of his Loyalty to his King and Attachment to the British Government, after Suffering the gratest Indignities and Insults from the rebellious Americans, was Obliged to leave an ample Estate and a Numerous Family in the County of Worcester, and flee for Refuge to the Town of Boston ; where he resided, under the Protection of the Kings Troops, for more than Sixteen months, and when they evacuated the Town of Boston, he went with them to Hallif ax : That your Memorialist, haveing been for Several Years of his Majestys Council (from which he had been dropped from his Opposition to many popular Proceedings) and still Continuing to be at the Head of the Militia, a Judge of the Probate of Wills and in the Commission of the Peace for said County, considered himself as under 216 THE CHANDLER CONFISCATION Stronger Obligations to use his Influence for quietting the minds of his Countrymen, and inducing them to pay a proper Submission to the Laws and Authority of Great Brittain, than if he had been in a private Station, and became proportionably more obnoxious to the People ; in Clonsequence of which he has not been able, Since Sep- tember 1774, to procure any Support from his Estate, which was and is in the Hands of the Rebells ; and that by means of this unnatural Rebellion, and on account of his Attachment to his Majesty's Government, he is now reduced to temporary Poverty. Your Memorialist therefore humbly prays your Lord- ship in whose Humanity he has the gratest Confidence, that Such present Support may be provided for him, as his Situation may be thought to require ; and Your memo- rialist, as in Duty bound, Shall ever pray. John Chandler. London September 2^ 1776 (Endorsed) Copy of Petition to Lord Germaiue [Number 44.] The following is a Copy of a Petition To the Right Honorable the Lords Commissioners of the Treasury — Presented the Seventeenth day of February Anno Domi: 1779 viz* To the Right Honorable the Lords Commissioners of the Treasury The Petition of John Chandler Esqy most humbly Sheweth That your Petitioners present Unhappy Situation com- peUs him to trouble your Lordships a second time, with APPENDIX 217 a more particular Representation of his case, and with a humble and dutiful request for farther releif, under his Uncommon and almost unexampled misfortunes. That for many years before the American Rebellion your Petitioner held Several important and respectable offices in the Province of the Massachusetts Bay ; and, with what fidelity to his King and Country he discharged the Duties of them the Certificates hereunto annexed will Sufficiently Shew : That Several of the Offices which he held being elective, and depending on the choice of the people, were considered by them as laying a peculiar Obligation upon him to Support their measures in oppo- sition to the British Government, and consequently his Refusal of that Support exposed him in a peculiar degree to the outrage and persecution of the disaffected and licentious : That, after Suffering the most cruel Insults, being de- prived of his Liberty and threatned in the most alarming manner, unless he would Sacrifice his Loyalty to the King, renounce the Worcester Protest which he had pro- moted and Signed, and adopt in its Stead a very trea- sonable League and Covenant which was offered to him, he was obliged, in order to Save himself from an igno- minious Death, to fly from his home in November 1774, and put himself under the Protection of the Kings Troops then in Boston : That he left a beloved wife and Sixteen Children to the mercy of the Rebells ; but that four of his sons soon afterwards at the Risque of their lives, also made their Escape to Boston (who are now at New York) while his eldest Son was confined to his House, and his Second im- prisoned in the common Goal of the County : That all the money your Petitioner could collect, under Such circumstances, for his own Support, was Eight Hundred thirty two pound; which sum, by Sickness 218 THE CHANDLER CONFISCATION brought upon him by his Fatigues, by a voige which he was obliged to undertake for the Recovery of his health (in which voige he was Shipwrecked, and nearly Lost his life) and by other unavoidable Accidents, he had ex- pended before his arrival in England : That, in order to give your Lordships a more perfect Idea of your Petitioners Sufferings, he thinks himself bound in duty and Justice to disclose what he did not originally intend to avail himself of or discover, namely, that the Income of his real and personal Estate, Acquired by his own honest and honorable Industry, was upwards of thirteen Hundred "^ Annum That your Petitioner very gratefully acknowledges your Lordships former Goodness to him ; but yet he humbly implores your farther Consideration of the very peculiar Hardships of his case, especially as his present Allowance with the Strictest occonomy, is not Adequate to his necessary expences, and as he has already been obliged to contract Debts which he is unable to discharge : and That this Petition is most dutifully presented, in full confidence of your Lordships Goodness and Candour, and with an humble hope that your Petitioners former Circumstances and Stile of life, together with his Rank in the Province where he resided, in which he had the Honour to serve for many Years as one of his Majesty's Councillors, till he was left out merely for his Opposition to the Seditious Proceedings of the Inhabitants will have their due weight with Your Lordships. And as in duty bound shaU ever pray John Chandler (Endorsed) Certificates & Memorial of M! Chandler R. 6? Nov 1782. APPENDIX 219 [Number 45.] I certify that I long knew John Chandler EsqF late of Worcester in the province of the Massachusetts Bay, but now of London, in which time, he was several years Sheriff of said County, Member for said town of Worcester, Judge of Probates for the county of Worcester, Colonel of the Militia and one of his Majesty's Council in the Province aforesaid ; in most of which offices he succeeded his father. And in all which departments, I always un- derstood he discharged his duty with great honor and integrity. That he always was an active and fast friend to Government ; and in consequence thereof, was obliged to quit his home and family, which was very numerous, and fly to Boston for protection. That for many years before that unhappy event, he was universally esteemed a Gentleman of a very affluent fortune for America, and lived in that stile. And though it is impossible for me to certify precisely to all the facts, by him alledged in his petition, touching his estate, yet from his known honour and veracity, as well as from general report, I declare, that I have no doubt of the same. Egbert Auchmuty October 29'" 1782. [Number 46.] At the Kequest of John Chandler EsqF I do hereby certify, that he was one of the principal inhabitants of the County of Worcester in the province Massachusetts, many years Sherrif of that County, & upon his Resignation was appointed Judge of Probate, Colonel of a Regiment, one of His Majesties Justices of the peace throughout the province, & a member of the provincial Council — he Possesed great property, had a numerous family and Very 220 THE CHANDLER CONFISCATION Early distinguislied himself in Support of the constitution for which he suffered great persecution Tho? Fluckee Secretary of the Province November I'i 1782 [Number 47.] I Certify that the Petitioner bore the Character of a firm and steady friend to Government, that he Suffered Persecution for his attachment to it, and was driven from his Estate, which by report, was considerable in the Massa- chusetts Bay and obliged to seek Protection in Boston, that he associated with others in the defence of that place, till attacked by a severe sickness he obtained my permis- sion to go to Nova Scotia. Tho? Gage Portland Place Janu' 28'^ 1779 [Number 48.] At the Request of the Petitioner I Certifye, that he sustained Several Principal civil and military offices in the County of Worcester while I was Governour of the Massachusetts Bay, as he had done for several years before — that he was by Eepute possessed of as large property as any person in the County — that I always looked upon him as a person firmly attached to Govern- ment, and have reason to believe that for such attachment he was left out of the Council of which he had been divers years a member Sackille Street ThO : HUTCHINSON Janu» 28: 1779 APPENDIX 221 [Number 49.] At the Particular request of the Petitioner to Certify his memorial I can only confirm the several Circumstances as set forth in the foregoing Certificates Signed by Lieut Gen^ Gage and Governour Hutchinson - Tho^ Oliver Bentinck Street Jan" 30 : 1779 [Number 50.] I Certifye that I Long knew the within named peti- tioner in America during which time, he was Several years Sheriff of the County of Worcester, member for the Town of Worcester, Judge of Probate for said County, CoP. of the militia, and one of his Majestys Council in the province of the Massachusetts Bay ; in most of which offices he succeeded his father, and in all which depart- ments, I always understood he discharged his duty with great Honor and Integrity, That he always was an active and fast friend to Government, and in consequence thereof was obliged to quit his home and family, which was very numerous, and fly to Boston for Protection. That for many years before that unhappy event, he was universally Esteamed a Gentleman of a very affluent fortune for America, and lived in that Stile, and though it is impos- sible for any one to certifye precisely to all the facts, by him alledged, in his petition, yet, from his known honor and veracity, I declare, that I have no doubt of the Same RobT Auchmuty - Brompton Row N° 4 FeV 17 : 1779 - Copy (Endorsed) Memorial and Mas 222 THE CHANDLER CONFISCATION Papers relating to M' John Chandler He attended 26'" Oct' was heard & examin'd [Number 51.] (From Audit Office, Loyalist Series, volume 105, folio 122.) Persons receiving Allowances under a General Minute of the Board dated the [ ] day of [ J but whose Claims are not set forth by Memorial or supported by Voucher Names Present Allowance Professions. Chandler John £100 Judge of Probat of Wills & Coll of Militia Produces Copies of Certificates of Genl Gage, Thomas Hutchinson, Tho! Oliver, & R. Achmuty, the Originals of w'^^ he delivered to J/r Rowe. Bore every Office at Worcester as the Council of the Province of Massachu- setts Bay, Judge Protest of Wills — Sheriff of the County, — Lost real & Personal property to the Value of 25000X was very ill used in Septem'" 1774 by the Rebels, when he got away to Boston, & associated for the Defence of y^ Town. Came away with the Troops has been in a very bad state of health ever since he came to Town, is 62 Years of Age, has 16 Children, 11 Sons, & 5 Daugh- ters, himself & Family all ruined — has no Children here to provide for, has nothing to depend upon but this pro- vision, except about 21X is known to M*" Flucker, & every Gentleman in the Country. — N B. tho' We are perfectly satisfied with the truths of the above particulars, wish in point of Form, to have the APPENDIX 223 Originals of the above Certificates, or to have the Copies attested. — M^ Flucker Speaks of his being one of the first Men in the County, that he lived, & having met with very hard measure, M"^ Harrison Gray, Confirms the above. DECISION. This Gentleman was in a most respectable situation in Life, & has been spoken well of, by every one who has spoken of him at all. — his property was very great being Estimated at X25,000 Sterl? besides this he has 16 Chil- dren tho' none of them are in this Country, Is 62 Years of Age, & We think his Case calls for an Augmentation of 50<£ a year in future. — Ex? (Pages 35 to 337 [Numbers 52 to 96 inclusive] are from Audit Office, Loyalist series, Bundle 73. These papers are docketed : — ) N? 443 [Compensation] John Chandler N? 2 Little Titchfield Street Memorial and Schedule N? 10. North Street Tottenham Court Road received ll"" Feb=: 1784 [Number 52.] TO THE COMMISSIONERS appointed by act of Parliamant for enquiring into the Losses and Services of the American Loyalist The memorial of John Chandler late of Worcester in the Province of the Massachusetts Bay Esq"; Humbly Sheweth That your memorialist who is a native of New England 224 THE CHANDLER CONFISCATION has been always Loyal upon principle and firmly attached to the British Government which he endeavoured to Sup- port to the utmost of his power by openly opposing from the beginning the seditions and unlawful practices which Brought on the late unhappy Dessensions in America That with this view at an early period he was Instru- mental in bringing forward an open Protest against the popular proceedings in which he was Supported by the principal People of the Town of Worcester and to render it the more effectual he and his Loyal associates caused it to be entered on the Town Records and Copies of it to be circulated thro the Country in the publick News Papers, see the Protest marked A That in September ad 1774 a mob of several Thou- sands of Armed People drawn from the neighbouring Towns assembled at Worcester for the purpose of Stop- ping the Courts of Justice then to be held there which haveing accomplished they seized your memorialist who in order to save himself from Immediate death was obliged to renounce the afore said Protest and Subscribe to a very Treasonable League and Covenant. That he soon after found it necessary for his Personal Safety to leave his numerous Family and fly for protection to Boston where, upon the commencement of the Block- ade, he did the common duty of a Patrole till prevented for want of Health. That when the Evacuation of Boston took place in March A D 1776 he went with the Kings Troops to Halli- fax taking three of his sons with him and that he came from Hallifax to England the July following while his three Sons attended the army to New York where they remained during the war often doing military duty and always giving the army all the assistance in their Power. That in consequence of his Loyalty to his Majesty and Attachment to the British Government your memorialist APPENDIX 225 besides many other Hardships and Sufferings has been compelled to quit a profitable mercantile business to give up the respectable office he held and to leave his whole Estate in the hands of the Americans who have actually Confiscated his real Property and have his personal Estate Still in their Power. All which particulars are fairly Stated in the annexed schedule by which you will be able to Judge what Losses he has Suffered in his Rights Property and Profession during the late unhappy dissensions in America in conse- quence of his Loyalty and attachment to the British Government. Your Memorialist therefore prays that his case may be taken into your consideration in order that your Memorialist may be enabled under your report to receive such aid or releif as his Losses and Services may be found to deserve John Chandler N^ 2 Little Titchfield Street Cavindish Square February 9 : 1784 - [Number 53.] A Schedule of the Estate of John Chandler Esqf Con- fiscated by the Massachusetts State refered to in the an- nexed Memorial viz* (valued in Sterling) N°l. One Acre two Eood and twenty nine perch of land in Worcester on which Stands his Mansion House two large Barns a Stable for thirteen Horses a large Granery a Chaise House one half of a large Store House and Sun- dry other Buildings held by deeds from Daniel Willard, and the Town of Worcester and the Proprietors of Sterling Worcester, see N°l valued at . . . afiiSO. 0. 226 THE CHANDLER CONFISCATION A Farm Containing one Hundred and Eighty eight acres and three Quar- ters of land well watered fenced with Stone wall and under the best Im- provement Situated in Worcester on the Road leading to Sutton known by the name of the mill Farm with a good dwelling House a large Barn and orchards two valuable Corn mills and a Bolting mill Standing on Black- stone River with a dam and the privi- ledge of raising a Pond of water held by Deeds from Zechariah Heard, Richard Heard, Elisha Rice, Francis Cutting, Joseph Hastings and Gardi- ner Chandler See N° 2 valued at . . ^1500. 0. Seventeen acres and one Rood of valuable wood land in Worcester held by Deeds from Daniel Heywood and Barzaleel Gleeson see N° 3 valued at £3 p acre £ 51.15. A Cedar Swamp in Worcester Containing Sixteen acres and a half held by Deeds from John Chandler and Gardiner Chandler see N° 4 valued at £10 p acre £ 165. 0. A Pasture in Worcester Containing Seventy acres three Quarters and Eleven perch well watered and fenced held by Deeds from Gardiner Chandler, John Frith and Lydia Chaddick see N° 5 valued at £3.10/ p acre £ 247.12. 6 A Pasture Containing twenty six acres and a half in Worcester watered and well fenced held by Deeds from Henry APPENDIX 227 Baldwin and Samuel Mower — See N° 6 valued @ £5 p acre £ 132.10. A Farm in Worcester near the Meeting House Containing two Hundred and fifty Six Acres Acres & a Quarter with a good dwelling House two large Barns an artificial Front Pond twenty three perch Long and Seven perch wide the whole well watered and fenced with Stone wall and under the best Improvement held by deeds from Jacob Hemingway & wife and Anna Rice, Joseph Blair, Daniel Heywood, Thomas Stearns, Propri- etors of Worcester two deeds Robert Blair, and Joshua Childs see N° 7 valued at X5 p acre £1280. 0. Forty acres of Land divided from the last Farm by a Town Road on which stands a large young orchard the remainder wood land held by deeds from the Town of Worcester and James Putnam Esq^ See N° 8 valued aX4. 0/ — pacre X160. 0. A Farm in Worcester near the Court House Containing two Hundred and three acres well watered and fenced with Stone wall on which Stands a large well Built Dwelling House two Barns with a Granery and Sundry other valuable buildings held in part by the last will and Testament of my late father also by deeds from my father and Gardiner Chandler see N"^ 9 valued at £1800. 0. 228 THE CHANDLER CONFISCATION A Farm situated partly in Worcester and partly in Leicester Containing three Hundred and twenty two acres & one Hundred and forty four perch well fenced and watered with a large dwelling House and Barn a large orchard and Cyder mill about fifty acres of it Covered with wood and timber the remainder under the best Improvement held by Deeds from Abisha Rice, John Gates, Samuel Waldo & others & Elisabeth and John Southgate see N*? 10 valued at £3.10/ p acre £1130.10 Two thirds of a Farm Situated partly in Oxford and partly in Charlton in said County Containing in the whole two Hundred acres well watered and fenced with wall held in Common and undivided with Benjamin Rich with an old House and Barn Stand- ing thereon and a large orchard held by Deeds from John Chandler and Gardiner Chandler See N° 11 valued at 31 p acre £ 400. 0. Two Pews and three fifths of a Pew in Worcester meeting House held by Grant from the Town of Worcester valued @ £25 £ 65. 0. five Lotts of Land in Royalston in the Same County Containing two Hundred acres each and are lotts N° 26, 52, 91, 95 & 103 in the whole 1000 acres Also a ninth part of the follow- ing Lotts in the Same APPENDIX 229 Town viz* N° 22, N° 50 & N° 70 Containing in the whole, 490 acres a ninth part is 54 So that the whole of his Land Confiscated in that Town amounts to 1054 acres @ 9/ .£474. 6. Held by deed from the Province see N°12 A Farm in Murraysfield in the County of Hampshire Containing four Hundred acres viz* Lotts N° 9, 13, 14 & 15 on which Stands a good dwelling House large Barn and Sawmill & an orchard and Improved by mowing Ploughing and Pasturing valued at ^600. 0. Also the following Lotts in said Murrays- field and Norwich in the County of Hampshire viz* Lott N° 56, 59, 85, 86, 97, & 111 Containing one Hun- dred acres each and are in the first division 600 acres Also Lotts N° 23, 24, 26, 30, 31, 33 & 46 each 200 acres is 1400 Lott N° 27 153 Also Lott N° 6 . . . .105 Also Lott N° 7.95 acres and Lott N° 20 100 acres is 195 Also three Intervale Lotts marked O. P. & Q. 60 acres each 150 Also Lott N° 1 in y« Sec- 230 THE CHANDLER CONFISCATION ond Division Con- taining 247 Also Lott N° 64 Containing 200 Also one fifth part of 1200 acres Called the additional Grant a fifth being 240 3290 acres @ 10/ .£1645. 0. Also about four Hundred acres of Land in Murraysfield as it lyes in Comon and undivided with the Proprietors @ 3/ £ 60. 0. Total of Real Estate £10461.13. 6 Held by Grant from the Province Personal Estate Confiscated 119 Head of Horned Cattle whereof 70 were full grown the remainder young Cattle @£3 357. 0. 60 Sheep 6/18 13 Horses young and old . . 7^ 91 A Negro man Servant .... 50 Husbandry Tools of all Sorts . 50 three Carriages 40 606. 0. {^Supposed Sterling'] .£11067.13. 6 His annual Income as Judge of the Pro- bate of Wills &c for the County of Worcester £25 nine Year is . . . 225. 0. His annual Income from his Store of Mer- chandise carryed on with his Stock in Partnership with his son Clark Chandler at Least £350 p Annum nine year is 3150. 0. £3375. 0. APPENDIX 231 The Debts due to him in America he Supposes are Secured by the Treaty of peace between Great Brittain and that Country. Therefore does not mention them — Memorandum the following tracts of Land part of his Estate he has as yet no evidence of being Confiscated, viz* In Murraysfield In the County of Hampshire Lotts N« 17, 28, 32, 39 each one Hundred acres — also fifty acres of the west end of Lott N° 10 in the Same Town in the whole 450 acres In Athol in the County of Worcester a tract Containing 100 In Royalstone in the same County Lott N° 8 Containing 200 One half of the Lott N° 54 in the Same Town one half is 100 One Quarter of a tract of Land Containing 928 acres as it Lyes in Common and undi- vided with Isaac Royal James Otis and Caleb Dana Situated between Leominster and Westminster in the same County a Quarter is 232 Witnesses to his Loyalty Harrison Gray Esqf late Treasurer of the Province of the Massachusetts Bay N" 27 Rathbone place James Putnam EsqT late Attorney General for said Pro- vince N° 2 Little Titchfield Street Cavindish Square John Murray EsqF Cowbridge Glamorganshire and Abi- jah Willard EsqF N° 81 Charlotte Street Portland Chappie both members of his majestys late Council for the Same Province and Joshua Upham EsqF late aid de Camp to General SF Guy Carlton N° 7 Titch- field Street Oxford Market — Witnesses to his Losses 232 THE CHANDLER CONFISCATION the aforenamed James Putnam, Jolm Murray, Abijah Willard and Joshua Upham Esq" Also John Walker EsqF late a Cap* in his Majestys Ser- vice Lewisham Kent (Endorsed) N»443 [Compensation] John Chandler N° 2 Little Titchfield Street Memorial and Schedule N" 10 North Street Tottenham Court Road received 11'" Feb^ 1784 [Number 54.] To the Honorable the Commissioners appointed by act of Parliament for inquiring into the Losses and Services of the American Loyalists. John Chandler late of Worcester in the Province of the Massachusetts Bay EsqF Prays to be allowed to Correct the following errors in his Schedule annexed to his memorial of the ninth of February Last viz* Lott N" 15 Containing one Hundred acres part of the farm in Murraysfield Containing four Hundred acres he held by Deed from John Hannum — see the deed Lot N" 56 in said Murraysfield in the first division he held by Deed from the Proprietors, see the deed In the memorandum of said Schedule N" 17 Should have been N° 95 said Lott N° 17 having been formerly Sold. he also Prays for Leave to add to his said Schedule the annual value of his Real Estate viz!^ APPENDIX 233 N° 1 ^50. 0. 2 105. - - 5 10. - - 6 7. -. -. 52. -. -. 75 -. -. 45 - -. 12 -. - 3. - - 20 -. - £379 0. out of the above Sums was allowed to his late wife Mary- Chandler the Income of the Estates N«l . . . . £50 5 . . . . 10 6 . . . . 7 9 . . . . 75 a Pew in the meeting House 1 £U2 deduct the allowance made his said late wife for her Support during her natural life there remains .£236 p annum for nine Year is X2124. 0. Real & Personal Estate Confiscated . . 11067.13. 6 his Income of office 225. -. - his Loss in Trade 3150 - - Total 16566.13. 6 his wife dyed the 10*^ of Sep* Last. All which is Humbly Submitted John Chandler N? 2 Little Titchfield Street Cavandish Square March 15 : 1784 234 THE CHANDLER CONFISCATION He prays leave to add as a Witness to his Losses M' Ebenezer Cutler Merchant N« 393 Oxford Street (Endorsed) N° 443 John Chandler Supplement to his Schedule Copies [Number 55.] [Three VI pence Government Stamps.] I James Putnam late of Worcester in the Massachusetts Bay designing quickly to embark for Nova Scotia and New Brunswick and being requested by John Chandler Esquire late of said Worcester to testify and say what I know of his Loyalty, services and losses by means of the late Rebellion in America ; to be used on his Examination before the Commissioners appointed by Act of Parliament for inquiring into the losses and services of the American Loyalists on his Memorial &": for compensation. Do testify and declare I have known the said Chandler for more than Thirty Years last past and that he sus- tained various offices of profit and trust under government in that province where he lived, at different times was a Justice of the Peace, Sheriff of the County of Worcester, Judge of the Probate of Wills &% Colonel of a Regiment of Militia frequently Representative of the Town in the general Assembly and some Years a Member of the Coun- cil for the Province, in all which offices he conducted with APPENDIX 235 propriety and approbation and his Loyalty I never heard questioned, and I know from the commencement of the troubles between Great Britain and America he was always firm for the support and establishment of the British Government That he opposed their illegal resolves &? in the Town Meetings and resisted as much as he could all the combinations and Violences among the Peo- ple and finally to manifest to every Body his total dis- approbation of the conspiracies &° forming against the British constitution there, Some time in June One thou- sand seven hundred and seventy four he signed a Protest with above fifty other of the most respectable Inhabitants of Worcester which was published in the News papers and recorded in the Records of the Town, and that soon after the rage of the people encreased so fast that it was unsafe for any person of any Consequence who had op- posed their Violent measures to live among them and on that account it was, as he always sayed, and which I fully believe to be true, that Colonel Chandler left most of his Family and Estate at Worcester, came into Boston was there during the blockade, and at the evacuation went with the Troops to Halifax. He was possessed of a very good Estate real and per- sonal sayed to be and I believe from what I know of it was one of the best in the County I know he had a large and valuable Stock of Cattle and all Implements of Hus- bandry &*! in abundance, and during the greatest part of the time I knew him he was carrying on a considerable Trade in English Goods &^. apparently to great profit. I knew his Dwellinghouse Outhouses &*'. belonging to it. It was a large good House, well finished and in my opinion including all the Buildings which were many and valuable was worth Eight hundred pounds. His Farm down in Town near the Court house sayed to contain about two hundred acres I know very well and 236 THE CHANDLER CONFISCATION considering its situation &". being near the middle of the Town well fenced and a great proportion of it under good improvement I think was worth Six pounds per Acre exclusive of the Buildings which were good and particu- larly a very good new House then lately built and com- pleatly finished which with the other Buildings and Gardens I think were worth Eight hundred pounds. His Farm Uptown said to contain Two hundred and fifty acres with the Buildings &^. thereon I knew also very well a great proportion of it was very good Land all well fenced with Stone wall the greatest part under good Im- provement the Land was worth at least Five pounds per acre and the Building about Three hundred pounds. I know the Farm called the Mill Farm sayed to contain one hundred and eighty acres the House and Barn corn and Bolting Mills — the Lands I think were worth Four pounds per Acre the Mills standing on a good and con- stant stream and having a great supply of custom I think were very valuable, and in my opinion would clear One hundred and fifty pounds per Annum. The seventeen Acres of Woodland sayed to be by Charles Adam's I did not know particularly but was well acquainted with all the Lands near and about the place and such Lands I think worth Four pounds per Acre. I knew his Cedar Swamp and that it was as full of good cedar Timber as it could well grow and I know that Cedar was esteemed very valuable Timber and sold for a good price. I knew the Land sayed to contain Seventy acres at Tatnick in Worcester called Pasture Land and I think it was worth Five pounds per Acre. I knew the other pasture Land in the same part of the Town sayed to be Twenty six acres it was very good Land and worth Five pounds ten shillings per Acre at least. The Forty acres as it is called divided from the Up- APPENDIX 237 town Farm by the Road I knew also and Value that at Five pounds per Acre. I knew well his Farm in Worcester and Leicester called the Chestnut hill Farm, sayed to contain about Three hundred acres and the dwellinghouse and Barn thereon which were good and almost new the Lands well fenced the greatest part under very good improvement was es- teemed to be very good Land and a Valuable Farm and including every thing I think was worth Fifteen hundred pounds. The Two thirds of a Farm that he owned in Charlton I did not know much about I have passed over it many years ago and remember the Land appeared to be very good, and I have often heard it say'd it was a very good Farm. I know he had several Pews in Worcester Meeting house in good situations and supposed to be worth as much as any in the House. As to his Lands in Murray Field I know nothing but by common report, neither do I know his Lands particu- larly in Royal Stone though I have been in the Town. But can say he was reputed to be a large Proprietor in each Town and the Lands in Murray Field were reputed to be very Valuable. I am of Opinion his real Estate in Worcester including the profits of his Mills &1 was worth at least Four hun- dred and fifty pounds per Annum and this as well as the value of every Article mentioned in the aforegoing Depo- sition is made and to be understood to be in Sterling Money. James Putnam Sworn before the Commissioners of ^ American Claims at their Office in V Lincolns Inn Fields Aug* 14*.^ 1784 J Charles Monro Ass*. Secretary 238 THE CHANDLER CONFISCATION (Endorsed) 443 James Putnam's AffidJ in Support of John C banders Claim [Number 56.] [Three VI pence Government Stamps.] I Joshua Upham late of Brookfield in the County of Worcester in the late Province of Massachusetts' Bay designing quickly to embark for Nova Scotia and New Brunswick being requested by John Chandler formerly of Worcester in the County of Worcester aforesaid Es- quire to testify what I know of his former situation in Life his Loyalty and Attachment to the British Gov- ernment and the Losses he has suffered in his Rights Property &c in Consequence thereof to be used on his Examination before the Commissioners appointed bu Act of Parliament for inquiring into the Losses and Services of the American Loyalists, on his Memorial for Compen- sation — being sworn on the Holy Evangelists of Al- mighty God do depose and say That I have for many Years been well acquainted with the said John Chandler that I resided during the whole of my Life before the American War in the same County with him and know that he for many Years represented the Town of Worcester in the General Court of the Pro- APPENDIX 239 vince and was afterwards annually for several years elected a Member of his Majesty's Council and always approved by the Governor that he held and executed with Keputation the office of High Sheriff for that County by Appointment from the Governor — That he succeeded his Father in the office of Judge of Probate of Wills &c for the County which he continued to execute until the Commencement of the War — he had also for many years commanded by Com- mission from the Governor a Regiment of Militia, and was from the first of my Acquaintance with him a Justice of the Court of General Sessions of the Peace for the same County, he has been uniform in his Attachment to his Majesty's Government and openly on all Occasions opposed the Kings Enemies in the first Stages of the American Usurpation for which he was often insulted and particularly in the Year one thousand seven Hundred and seventy Four when about Five Thousand People assembled in Worcester to prevent the Sitting of the Court of Com- mon Pleas and to put a Stop to the Administration of his Majestys Government — ^ at that time I saw M^ Chan- dler with some few other Gentlemen of the same Town led in Triumph thro' the general Mob, and compell'd to submit to the Insolence and Humiliating Terms of vio- lent distracted men — soon after which It became neces- sary for him to quit his Estate and Family and put himself under the Protection of the Kings Troops then at Boston - — M^ Chandler was one of the first Families in that County — of fair Character and was possessed at the Commencement of Hostilities of a very large Landed Estate — some parts of which I have often seen and venture to estimate as follows viz* A small Tract of Land in the Center of the Town of Worcester with the Buildings including his Dwelling house Store Barns &c the Land used as a Garden and 240 ~ THE CHANDLER CONFISCATION Yard about the Buildings worth at least Eight Hundred Pounds — A Farm called Colonel Chandlers Uptown Farm In- cluding the Buildings cannot be worth less than Five Pounds an Acre — The tract of Land divided from the above Farm by a Town Road being a Wood Lot and hav- ing an Orchard on it, if taken with the Farm is worth the same Sum by the Acre A Farm called Colonel Chandler's Down Town Farm with a large Dwelling House compleatly finished and the other Buildings thereon worth at least Two Thousand Pounds — A Farm partly in Worcester and partly in Leicester called the Chestnut Hill Farm with the Buildings worth at least Four Pounds Ten Shillings an Acre The above Farms were when M"". Chandler left them in good repair well fenced chiefly with stone Wall — all Situated in and very near the Town of Worcester, the Principal Town in the County of Worcester — I know Mr Chandler owned part of the Town of Murrayfield, being a Proprietor of that Town with my Father in Law Colonel Murray — but as I never saw his Lands there I cannot testify to the value And I the Deponent do further depose and say that in the aforegoing Valuation and Appraisement I have been governed by the prises at which I think all the Estates aforesaid would have sold for in Gold or Silver Money in the Year one thousand seven Hundred and seventy Four and that the said Valuation and Appraisement is made in Sterling Money of Great Britain without favour or partial- ity and according to my best Knowledge and Ability — J. Upham Sworn before the Commissioners | of American Claims at their office V in Lincolns Fields, Aug* 17*? 1784 J Charles Monro Ass' Secretary — APPENDIX 241 (Endorsed) 443 Joshua Uphams Affidavit on John Chandlers Claim [Number 57.] [Three VI pence Government Stamps.} I Abijah Willard formerly of Lancaster in the County of Worcester, in the Province of the Massachusetts Bay in North America, Esquire, having determined to embark for the Province of Nova Scotia by the first opportunity, being requested by John Chandler formerly of Worcester, in the County of Worcester, aforesaid Esquire, to Testify to The Commissioners appointed by act of Parliament for inquiring into the losses and services of the American Loyalists, What I know of his former situation in life, his loyalty, and attachment to the British government, and the Losses he has suffered in his Rights Property &c. In Consequence thereof, being Sworn on the Holy Evan- gelists of Almighty God, do depose and say — — That I have been well acquainted with the said John Chandler for more than forty years, that during this period he was high Sheriff of said County of Worcester, Judge of the Probate of Wills &c. Colonel of the Militia, a Justice of the Peace througout the Province, a repre- sentative in the general assembly, and a member of His Majestys Council, He was allways esteemed a faithful Subject to his Majesty, and firmly attached to the British 242 THE CHANDLER CONFISCATION government, and on every occasion took an open, and active part, in opposing the Popular proceedings which brought on the late American War, and I know that by- such his general conduct, and perticalarly by Signing a Publick Protest against those proceedings, he rendered himself so obnoxious, as made it necessary for him some- time the latter end of the year 1774 to leave his family, and remove for safety to the Town of Boston, then in possesion of His Majestys Troops ; I remember that while in Boston the said John Chandler inrolled himself in a Company of associated Loyalists, and cheerfully did military duty for the defence of that Town. — I know the said John Chandlers Estate situated near the meeting house in said Worcester, supposed to contain about one Acre and three quarters of Land, there was a large well built dwelling House, two large Barns, a Stable, a Grain- ery, a Chaise house, one half of a large Store house, and sundry other buildings on the same, I believe it would have Eented for fifty pounds a year, and was well worth One Thousand Pounds. I have a general knowledge of the said John Chandlers Estate called the Mill farm, situated in said Worcester on the road leading to Sutton, said to contain about One Hundred, and eighty eight acres of good land, well fenced with stone wall, with a large dwelling house, a good Barn, two Corn Mills, and a Boulting Mill, standing on Black- stone River, which I have ever understood was the most valuable streem in that part of the country, there being a sufficiency of water for grinding at any time in the year. It is my opinion that this estate was very profitable, and would have rented for One Hundred pounds a year, and was worth Two Thousand pounds. I know the said John Chandlers estate in said Worces- ter called the Uptown farm, said to contain about Two hundred and fifty six acres, he had here a large farm APPENDIX 243 House, two large Barns, and a pretty artificial fish pond, this estate is very pleasantly situated within a quarter of a mile of the meeting house, the land was very good, and fenced with stone wall, I think it would have rented for fifty pounds a year ; and was worth Fifteen Hundred, and thirty six pounds. I am acquainted with about forty acres of Land be- longing to the said John Chandler, devided from the last mentioned estate by a Town road, where he had a large young Orchard, well fenced with stone wall, the remainder valuable wood Land, I think this Tract of Land was worth One Hundred and sixty pounds. I am well acquainted with the said John Chandlers Estate in said Worcester, called the Down Town farm, I suppose it contained about Two hundred acres of very Valuable Land, under the best improvement, and fenced with stone wall, here was a large handsome new dwelling house, (I believe as well built as any in the County) two Barns, a Grainery, with sundry other valuable buildings, and two spacious Gardens, this estate was situated in the most desirable part of the Town, near the Court House, I believe it would have rented for Seventy five pounds a year, and was worth Two Thousand pounds. I also know the said John Chandlers Estate situated partly in Worcester, and partly in Leicester called Chesnut Hill-farm, said to contain about Three Hundred and twenty acres, there was a large farm House, a Barn, a Cyder mill house, and a very valuable Orchard on the same, the Land is very good, and was well improved, I suppose this Estate would have rented for Fifty pounds a year, and was worth Twelve Hundred, and ninety two pounds. I have frequently been in Worcester Meeting house, and think the said John Chandlers Pews there, would have sold for thirty pounds each. I have often been in the Town of Royalston in said 244 THE CHANDLER CONFISCATION County of Worcester, where I allways understood the said John Chandler owned Large Tracts of Land, but I have no perticalar knowledge of his Lands there, however from my general knowledge of Royalston, and the Country adjoining, I think that unimproved Lands there on an average are worth Ten shillings an Acre. I am well acquainted with said John Chandler's Farm in Murrayfield, in the County of Hampshire, in said Province of Massachusetts Bay, containing about Four Hundred acres of very good Land, I believe about One Hundred and fifty acres were under improvement, there was a good Farm house, a large Barn, a valuable Saw mill, and an Orchard on the same, I think it would have rented for Twenty five pounds a Year, and was worth Six Hundred pounds. I am also well acquainted with the said John Chandlers, other Lands in said Murrayfield, and also his Lands in Norwich in the same County, which together with his share of the additional grant to the Proprieters of said Murrayfield, I think on an average were worth Twelve shillings an acre, Except his share of the undevided lands in the two last mentioned Towns, which I think were worth only Three shillings an Acre. And the Deponent further says, That the said John Chandler was allways supposed to be, and he verily be- lieves was, possessed of a very ample Independant fortune, and that this Valuation and appraisement is made in Ster- ling money of Great Britain, without favor or partiality, and according to his best knowledge and ability. Abijah "Willard Sworn before the Commissioners ^ of American Claims at their Office / in Lincoln's Inn Fields July 19*.^ 1784 ) John Forster Secretary APPENDIX 245 (Endorsed) 443 Abijah Willard's Aff^ in support of John Chandler's Claim [Number 58.] [Three VI pence Government Stamps.] I Ebenezer Cutler formerly of Groton in the County of Middesex in the Province of Massachusetts bay in North America having determined to embark for the Province of Nova Scotia by the first opportunity being requested by John Chandler formerly of Worcester in said Province of Massachusetts Bay — To testify to the Commissioners appointed by Act of Parliament for enquiring into the Losses & Services of the American Loyalists, all I know of his former situation in Life, his Loyalty and Attach- ment to the British Government and the Losses he has sustained in his Property in consequence thereof ; Being sworn on the holy Evangilists of Almighty God, Do depose & say — that I have known the said John Chan- dler more than twenty Years, during which Time he has held many respectable offices of Trust under his Majestys Government and was always esteemed a faithfuU Subject to his Majesty and uniformly attached to the British Gov- ernment and always opposed the measures that bro't on the late American War, I remember he signed a public Protest against those Measures, which was published in 246 THE CHANDLER CONFISCATION the News Papers that circulated through America & thereby rendered himself so obnoxious to the Kings Ene- mies, that before the nineteenth day of April 1775, he was compelled to leave his Family and remove for safety to the Town of Boston then in Possession of his Majestys Troops and I recollect that he remained within the British Lines during the Blockade of that Place & that he went from thence with the Army to Halifax — And I the said Ebenezer Cutler do further depose and say, that from some time in the Year 1763 until sometime in the Year 1771, I lived in the Towns of Northborough & Oxford in the County of Worcester aforesaid about ten Miles distance from the said John Chandlers dwelling house in said Worcester and thereby became well acquainted with his real Estate, hereafter discribed, that is to say, — I know the said John Chandlers Homstead situated near the Meeting house in said Worcester supposed to contain about one Acre & three quarters of Land, there was a very large valuable dwelling house two Store Houses, a Stable, two large Barns, and sundry other buildings on the same, I think this Estate is as well situated for busi- ness as any in the County and was worth eight hundred pounds — I also know the said John Chandlers Estate called the Mill Farm situated in Worcester aforesaid on the Road leading to Sutton, said to contain about one hundred & eighty eight Acres of Land well improved, there was a good Dwelling house a large Barn, two very valuable Corn Mills and a Bolting Mill on the same, I believe this Estate was worth sixteen hundred pounds — I also know the said John Chandlers Estate situated in said Worcester about a Quarter of a Mile from the Meet- ing house called the uptown Farm supposed to contain about two hundred & fifty six Acres of Land under good Improvement, there was a large Farm house & two large Barns on the same — I think this Estate was worth APPENDIX 247 fourteen hundred Pounds — I also know the said John Chandlers Estate in said Worcester called the down Town Farm supposed to contain about two hundred acres of very valuable Land, with a very hansome new Dwelling house, two Barns and sundry other Buildings on the same — This Estate was very advantageously situated near the Court house and I think was worth two thousand Pounds — I also know the said John Chandlers Estate situated partly in Worcester aforesaid & partly in Leices- ter called the Chest nut hill farm ; said to contain about three hundred and twenty Acres of Land, there was a good dwelling house, a Barn a Cider mill house and a very large Orchard on the same, I think this Estate was worth twelve hundred and Eighty pounds — I am also well acquainted with an Estate situated partly in Charlton & partly in Oxford in the County of Worces- ter aforesaid supposed to contain about two hundred Acres of very valuable Land remarkably well watered ; there was an old Farm house a good Barn and an Orchard on the same, This Estate was rented to a Benjamin Rich, I also understood that, it belonged to the said John Chandler and Timothy Paine Esq", and think it was worth six hundred pounds And I the s4 Ebenezer Cutler do further depose and say that the said John Chandlers Estates before mentioned were all under good Improvement & remarkably well fenced with Stone Wall, and that the said John Chandler was always reputed to be, and I verily believe was pos- sessed of a very ample independant fortune and that in the aforegoing Valuation and Appraisement I have been governed by the prices at w*'.^ I think all the Estates afore- said would have sold for in Gold or Silver money on or about the Nineteenth day of April 1775, or shortly pre- vious thereto, and that the said Valuation and Appraise- ment is made in sterling money of Great Britain without 248 THE CHANDLER CONFISCATION favor or partiality and according to my best Knowledge and Ability. Eben? Cutler Sworn before the Commissioners of American Claims at their office Lin- colns Inn Fields Aug* 18*? 1784 John Forster Secretary (Endorsed) 443 Ebenezer Cutlers Affidavit in John Chandlers Clame [Number 59.] [Three VI pence Govenunent Stamps.] I Daniel Murray formerly of Rutland in the County of Worcester in the Province of the Massachusetts Bay designing quickly to embark for Nova Scotia and New Brunswick being requested by John Chandler formerly of Worcester in the County of Worcester aforesaid Esquire To testify what I know of his former Situation in Life, his Loyalty and Attachment to the British Government and the Losses he has suffered in his Rights Property &c in Consequence thereof to be used on his Examination before the Commissioners appointed by Act of Parlia- ment for inquiring into the Losses and services of the American Loyalists on his Memorial &c for Compensa- tion — being sworn on the Holy Evangelists of Almighty APPENDIX 249 God do depose and say that I have known the said John Chandler more than Twenty Years last past during which time he held various offices of Profit and Trust under his Majesty's Government and was always reputed to be a Loyal faithful Subject to his Majesty and firmly attached to the British Government I know he always opposed the Measures which brought on the American Kebellion and remember that by reason of his many Exertions for the support and Maintenance of his Majesty's Govern- ment in America he became very unpopular and sometime the latter End of the Year one thousand seven Hundred and Seventy Four was obliged to leave his Family and Estate and remove for safety to the Town of Boston then in Possession of his Majesty's Troops. And I the Deponent do further depose and say that for more than Two Years shortly previous to the Commence- ment of the American War I lived in the Town of Worcester aforesaid and thereby became well acquainted with the said John Chandler's Keal Estate hereafter de- scribed viz* About one Acre and three quarters of Land Situated near the Meeting House in said Worcester there was a very large well finished Dwelling-house Two Storehouses, Two large Barns, a stable and many other valuable Buildings on the same and in my Opinion was well worth Eight Hundred Pounds. I also know his Farm in Worcester aforesaid called the Mill Farm said to contain about One Hundred and Eighty Eight Acres there was a large Dwellinghouse and Barn and two very profitable Corn Mills on the same and in my Opinion was worth Two Thousand Pounds. I also know his Farm in said Worcester called the Up- town Farm Situated about a quarter of a Mile from the Meeting House said to contain about Two Hundred and Fifty Six Acres there was a large Farm House and Two 250 THE CHANDLER CONFISCATION Barnes on the same and I think was well worth Twelve Hundred and Eighty Pounds. I also know his Farm situated near the Court House in said Worcester called the Down Town Farm said to contain about Two Hundred Acres there was a large new Dwellinghouse compleatly finished Two Barnes and many other valuable Buildings on the same and in my opinion was worth Two Thousand Pounds I also know his Farm Situated partly in Worcester aforesaid and partly in Leicester called the Chestnut Hill Farm said to contain about Three Hundred and Twenty Acres there was a good new Dwelling House a Barn a Cider Mill House and a large Orchard on the same and in my Opinion was worth Twelve Hundred and Eighty Pounds I also know about twenty six Acres of Land which the said John Chandler owned Situated in that part of said Worcester called Tatnick it was extraordinary Pasture Land and well worth Five pounds Ten Shillings an Acre And I the Deponent do further say that I have fre- quently been in Murray-Field in the County of Hamp- shire in the Massachusetts Bay aforesaid and am ac- quainted with the said John Chandler's Farm there said to contain about Four Hundred Acres there was a Farm- house a large Barn a Saw Mill and an Orchard on the same and in my Opinion was worth seven Hundred Pounds. I know the said John Chandler was a Proprietor in Murrayfield aforesaid and in Norwich in the County of Hampshire aforesaid and that he owned large Tracts of Land there and I think that unimproved Land in said Murray-field and Norwich was on an Average well worth Ten shillings an Acre And I the Deponent do also further depose and say that all the said John Chandlers Estates before mentioned Situated in Worcester and Leicester aforesaid were under APPENDIX 251 good Improvement and well fenced chiefly with Stone Wall, and the said John Chandler was always reputed to be and I verily believe he was possessed of a very large independant Estate and that in the aforegoing Valuation and Appraisement I have been governed by the Prises at which I think all the Estates aforesaid would have sold for in Gold or silver Money in the Year one Thousand seven Hundred and seventy Four and that the said valu- ation and Appraisement is made in sterling Money of Great Britain without Favour or partiality and according to my best Knowledge and Ability. Dan? Mukray Sworn before the Commissioners of American Claims at their Office Lincoln's Inn Fields August 17*? 1784 Charles Monro Ass^ Secretary (Endorsed) Daniel Murray' affidavit on John Chandlers Claim [Number 60.] At a Meeting of the Inhabitants of the Town of Worces- ter held there on the 20*^ Day of June a d 1774 persuant to an application made to the Select-Men by forty three Voters and Freeholders of the same Town, dated the 20*^ Day of May last, therein among other things declaring their Just apprehensions of the fatal consequences that may follow the many riotous, & seditious actions that have of late times been done and perpetrated in divers places within the Province &c the Notes and proceedings of which Meeting we deem irregular and Arbitrary. — 252 THE CHANDLER CONFISCATION Wherefore we, some of Us who were petitioners of the said Meeting and other Inhabitants of the Town here- unto subscribing : thinking it our indispensible Duty in these late days of licentiousness and distraction, in these times of disorder and confusion in too many of the Towns within this Province, to bear Testimony in the most open and unreserv'd manner, against all riotous, disorderly and Seditious practices ; must therefore now declare, that it is with the deepest concern for publick peace and order, that we behold so many who we used to Esteem sober peace- able Men ; so far deceiv'd deluded and led astray : by the artful crafty and insidious practices of some evil minded and ill dispos'd Persons who under the disguise of patri- otism, and falsely stiling themselves the Friends of Lib- erty some of them neglecting their own business an Occupations, in which they ought to be employ'd for the Support of their Families spending their time in dis- coursing of Matters they do not understand, raising and propogating falsehoods and callumnies of those Men they look upon with Envy, and on whose fall and ruin they wish to rise, intending to reduce all things to a state of tumult. Disorder, and confusion. And in persuance of the evil purposes, and practices, they have imposed on the understandings of some, corrupted the principles of Others, and distracted the minds of many, who under the influence of this delusion have been tempted to act a part, that may prove, and has already prov'd extremely preju- dicial to the Province : and as it may be fatal to them- selves, bringing into real danger, and in many instances, destroying that liberty and property we all hold so Sacred, and which they vainly and imperiously boast of defending at the Expence of their blood and treasure. — And it appears to Us that many in this Town seem to be led aside by strange Oppinions, and are prevented comeing to such prudent Votes and Resolutions, as might be for APPENDIX 253 the general good, and the advantage of this Town in par- ticular, agreeable to the request of the petitioners of this Meetins: — And as the Town has ref us'd to dismiss the Persons stiling themselves the Committee of Correspond- ence for the Town and has also refus'd so much as to call on them, to Return an Account of their past dark and pernicious proceedings — We therefore whose Names are hereunto Subscrib'd do each of Us declare and protest that it is our firm opinion that the Commities of Correspondence in the several Towns of this Province, being Creatures of Modern invention, and constituded as they be, are a publick greiv- ance : having no legal foundation ; Contriv'd by a Junto to serve particular Designs and purposes of their own ; and that they, as they have been and are now, managed, in this Town are a Nuisance ; and we fear that it is in a great Measure owing to the banefull Influence of such Committies that the Teas of Immence Value lately belonging to the East Company, were not long since, scandalously destroy'd in Boston ; and that many other enormous acts of Violence and Oppression have been per- petrated, whereby the lives of many honest worthy Men have been endanger'd and their property destroy'd. — It is by these Committies also that papers have been lately Publish'd, and are now circulating through the Province inviting and Wickedly tempting all persons to sign them ; fully implying if not expresly Denouncing the destruction of all that refuse to subscribe their unlaw- f uU Combinations, tending directly to sedition civil War and Rebellion. These and all such enormities we detest and abhor, and the authors of them we esteem Enemies of our King and Country, Violators of all Law and Civil Liberty ; Malevolent Disturbers of the Peace of Society — Sub- 254 THE CHANDLER CONFISCATION verters of the Establish'd Constitution an Enemies of Mandkind. — William Elder. Daniel Ward, John Walker, Nath Adams, Adam Walker, Jacob Stevens, Joshua Johnson Isriel Stevens , Joseph Clark Isaac Barnerd WUl? Paine Thaddeus Chamberlain John Chamberlain Will? Curtis Abel Stowel Daniel Goulding William Chandler William Campbell, Sam! Moore Jn? Mower Joseph Blair. Micah Johnson, Edmund Heard Tho' Beard Jun! Saml Mower Jacob Camberlain Sam| Bridge Andrew Duncan James Goodwin Clark Chandler Isriel Jennison Nanthan Patch Sam! Mower Jun! Isaac Moore John Chandler James Putnam, Gardiner Chandler Daniel Boyden Jn? Curtis. Thos! Baird. James Hart. Elisha Smith Tyrus Rice Nahum Willard Rufus Chandler Palmer Goulding David Moore James Heart Jun! Cornelius Stowell John Phillip Saml Brooks Isaac Willard Worcester June 24 : 1774 A True Copy — Exm"* P Clakk Chandler T Clerk {Endorsed) A Worcester Protest Copy [Number 61.] Commonwealth of Massachusetts. — To all whom it may Concern. This may certify, That Joseph Wheeler Esq' is Register of Probate of Wills &c within & for the County of Worcester in this Com- monwealth Joseph Allen Esq' of Worcester is a Clerk of the Court of Common Pleas in & for said County And Robert Breck EsqF is APPENDIX 255 a Clerk of the Court of Common Pleas in & for the County of Hampshire in said Com- monwealth — And that full Faith & Credit is & ought to be given to their several Acts & Attestations as on the annexed Papers, both in & out of Court. In Testimony whereof I have caused the Public Seal of the Commonwealth of Massachusetts to be hereto affixed this Twenty third day of October A? Dl 1783 And in the Eighth Year of the Independence of the United States of America — John Hancock By His Excellency's Command — John Avery Sec^ [Number 62.] Worcester ss — The Commonwealth of Massachusetts ©To the Sheriff or Marshal of our said County of Worcester, his Under Sheriff or Deputy, Greeting. — Whereas We, before Our Justices of Our Inferiour Court of Common Pleas, holden for & within Our County of Worcester aforesaid, at Worcester, upon the second Tuesday of December last, by adjournment from the first Tuesday of the same Month, by a resolve of the Great & General Court, by the Consideration of Our said Inferiour Court recovered Judgment for Our Title & Possession of & in the several tracts or lots of land hereafter described ; late the Estate of John Chandler, late of Worcester afore- said, EsqT an Absentee, agreeable to the tenor & form, & by virtue of an Act of the Great & General Court intitled " An Act for confiscating the Estates of certain Persons commonly called Absentees." — Viz* — 256 THE CHANDLER CONFISCATION A tract of land lying about three miles Southwardly from the Meeting house in Koyalston, containing by esti- mation two hundred acres, being lot N? 26, & bounded Eastwardly on lot N9 31. Southwardly partly on lot N° 25, & partly on lot N^ 22 Westwardly on lot N? 21. Northwardly partly on lot N° 20. & partly on lot N? 27.— Also another tract of land situate about two miles & an half Southwardly from the Meeting house in Royalston aforesaid, containing by estimation two hundred acres, being lot N° 52. & bounded as follows ; beginning at the Northwest corner of the same by a stake & stones, & then running South on Thomas Fairweather's land to a stake & stones on Athol line ; then East by Athol line to a stake & stones on land of the heirs of Nahum Greene ; then North by said Greene's land to a stake & stones on Jonathan Sibley's land; then West by said Sibley's land to a stake of stones ; then North on said Sib- ley's land to a stake of stones on Ebenezer Elliot's land ; then West by said Elliot's land to the bounds first men- tioned. Also another tract of land lying in the Northeasterly part of said Royalston, about three miles & an half from the said Meeting house, containing by estimation two hundred acres, & being lot N° 91. & bounded as follows. Beginning at the Northwest corner of said tract at a stake & stones on the old Province line ; then running South by lot N 'bo'^ ■*'oA^ O 0^ ^0' ^ <>r«->^* V^.' ""vte/ % ':^ LIBRARY OF CONGRESS III ir 11 'iiH'" II iiii . II I II I II I Hill I III 011769 225 5 ^