mant and the witnesses in his behalf
separately and apart, caused much dissatisfaction, and gave the
proceeding more the character of an Inquisition than of Inquiry. It
seemed to place the claimants almost in the position of criminals on
whom rested the burden of proof to establish their own innocence and
character, rather than in that of Loyalists who had faithfully served
their King and country, and lost their homes and possessions in doing
so. Very many, probably the large majority of claimants, could not
possibly prove the exact value of each species of loss which they had
sustained years before, in houses, goods, stocks of cattle, fields with
their crops and produce, woods with their timber, etc., etc. In such a
proceeding the most unscrupulous would be likely to fare the best, and
the most scrupulous and conscientious the worst; and it is alleged that
many false losses were allowed to persons who had suffered no loss,
while many other sufferers received no compensation, because they had
not the means of bringing witnesses from America to _prove_ their
losses, in addition to their own testimony.
The chairman of the Commission admits the delay and difficulty caused by
the mode of proceeding adopted by the Commissioners. He says: "The
investigation of the property of each claimant, and of the value of each
article of that property, real and personal, could not but be attended
with a good deal of time as well as much caution and difficulty, each
claim in fact branching out into so many articles, or rather distinct
causes, in which the Commissioners were obliged to execute the office of
both judge and jury, or rather of arbitrators between the nation on one
side, and the individual on the other, whose whole patrimony as well as
character depended on their verdict."[126]
The Act passed in 1783, authorizing the inquiry, being limited to two
years, expired in July, 1785, but was renewed with some additions, one
of which was a clause to empower the Commissioners to appoint proper
persons to repair to America "to inquire into such circumstances as they
might think material for better ascertaining the several claims which
had been or should be presented to them under this or the former Act of
Parliament." The Commissioners appointed John Anstey, Esq., a
barrister-at-law, as agent to the United States, "to obtain information
as to the confiscation, sale, and value of landed estates, and the total
loss of the property of th
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