John Jay Papers
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To John Jay from Egbert Benson, 19 March 1777

From Egbert Benson

Fish Kill—March 19th. 1777—

Dr Sir

We have this day wrote to Convention that Persons going to New York might be prohibited from taking all their Apparel and Furniture and you doubtless will hear the Letter read— We have not subjoined our Reasons as We proposed only to suggest the Matter and leave it entirely to be determined by Convention as they shall think best without an Attempt to influence their Judgment; It appeared however worth while to send an Express, as We expect the Gentry Daily and if the Measure should be approved of the sooner the better, and we should like to have the Resolution before they have an Opportunity of applying for a Pass—1

Mr: Robinson (as you will perceive by his Letter of which We sent You a Copy) is gone off and most of the others are determined to go likewise—2 Is this right? Have We nothing to fear from this Spirit and such Examples? May not the former become more universal than We wish and the latter render going to the Enemy honorable, and may not the Enemy from the Effect of both receive a considerable Accession of Strength before We are aware of it? These People have taken a decisive part and consequently will become desperate— Can they not by Means of Emissaries do more Mischeif while out of Reach than when at Home in Your Power and under the Fear of being punished if detected? To Me I must own it appears in numberless respects very unwise— I do not like to see our Councils versatile and fluctuating it argues Weakness, and therefore do not wish to see an entire new System adopted, but if the present could be helped by way of Amendment it might be well— However We do not mean to dictate and shall satisfied with the Determination of Convention be it what it will, and tho’ possible not quite agreeable to our own private Sentiments, be assured You will not find Us upon that Score the least remiss— We are determined to persevere and as the Resolutions are so they shall be executed—

From the inclosed Paper You will see a Clause in our Original Draft of the Letter, but which upon Reflection We omitted, it being out of our Department and might carry with it the Air of being forward and meddlesome— Is there not the same Reason why the Families of those already with the Enemy should be sent them and as that these who are going should be obliged to take theirs with them.

This will be delivered to You by Mr. Robinson’s Servant who calls on You for an Answer to his Letter— We have sent a Copy of the Letter to the Com[missio]n: of Sequestration3

Least the Copy We have sent You might have miscarried We have sent You the Original. You will please to return it to [us] again— Yours &c

E. Benson

ALS, NNC (EJ: 5488). Addressed: “John Jay Esqr.” Endorsed: “. . . abt. Mr Robinson &c.” Enclosure: Dft of Benson et al. to the New York Convention, 19 Mar. 1777, not located.

1For the resolution of 7 Mar. 1777 providing for the expulsion of Loyalists who declined to take the oath of allegiance to the state of New York, see above, Beverly Robinson to JJ, 4 Mar., n. 1. Benson, Melancton Smith, and Jacobus Swartwout were named to the Commission for Detecting Conspiracies on 11 Feb. 1777. Minutes of the Committee and First Commission for Detecting Conspiracies, 1776–1778 description begins Dorothy C. Barch, ed., Minutes of the Committee and of the First Commission for Detecting and Defeating Conspiracies in the State of New York, Dec. 11, 1776–Sep. 23, 1778 with Collateral Documents: To Which Is Added Minutes of the Council of Appointment, State of New York, April 2, 1778–May 3, 1779 (2 vols.; New-York Historical Society, Collections, vols. 57–58; New York, 1924) description ends , 1: xiv–xv. In their letter to the convention of 19 Mar., Benson, Smith, and Swartwout expressed doubts about the wisdom of allowing Loyalists to join the enemy and pointed out: “By the terms of the resolution they [the nonsubscribers] are to be permitted to take with them their apparel and furniture. We could wish they were restricted to such only as is necessary, and leave us to determine that from the particular circumstances of each person. . . . The obstinate and inveterate spirit indicated by such a conduct, we conceive has precluded these people from all indulgence, and numbers of them have clothing and bedding more than is requisite for their immediate use, and much wanted in the present exigencies of the country.” Upon receiving this letter on 21 Mar., the convention resolved that the commissioners be “instructed to use a discretionary power in granting the indulgences” to those who chose to go behind British lines and that those who left “be not suffered to carry with them more apparel and household furniture than are necessary for their comfortable accommodation.” JPC description begins Journals of the Provincial Congress, Provincial Convention, Committee of Safety and Council of Safety of the State of New-York (2 vols.; Albany, N.Y., 1842) description ends , 1: 844; 2: 398.

2See above, Beverly Robinson to JJ, 4 Mar. The commission minutes of 18 Mar. 1777 record this action: “A Letter from Beverly Robinson Esqr of the 4th Inst to John Jay Esqr. . . . Ordered that a Copy thereof be sent to the Com. of Sequestration in Dutchess County.”

On 5 Mar. 1777 Robinson crossed British lines to join his eldest son in New York City. Nine days later he was granted a warrant to raise a Loyalist regiment in New York, and before the end of the month, he had aided British military intelligence operations. NN: American Loyalists’ Claims Transcripts, 43: 203–7; Minutes of the Committee and First Commission for Detecting Conspiracies, 1776–1778 description begins Dorothy C. Barch, ed., Minutes of the Committee and of the First Commission for Detecting and Defeating Conspiracies in the State of New York, Dec. 11, 1776–Sep. 23, 1778 with Collateral Documents: To Which Is Added Minutes of the Council of Appointment, State of New York, April 2, 1778–May 3, 1779 (2 vols.; New-York Historical Society, Collections, vols. 57–58; New York, 1924) description ends , 1: 204–5, 283; Robert Troup to JJ, 29 Mar., below.

3On 6 Mar. 1777 the New York Convention created county commissioners of sequestration throughout the state to supervise the seizure and sale of the personal property of Loyalists who had joined the British. JPC description begins Journals of the Provincial Congress, Provincial Convention, Committee of Safety and Council of Safety of the State of New-York (2 vols.; Albany, N.Y., 1842) description ends , 1: 826.

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