On February 26, 1782, the South Carolina State
Legislature met at Jacksonburgh and passed what is called the
Confiscation Act. This act was to confiscate the estates of certain
people who had befriended or aided the British during the occupation of
Charleston and to banish them from the state forever. Should they
return they were to suffer the penalty of death without the benefit of
clergy. Attached to the act was a list of names,(1) divided into six
catagories. The fifth catagory being those who had been commissioned
either civil or military, by the British. Prominent on this list was
Dr. James Lynah.(2)
On the 14th of December 1782, 3,794 civilians including
many British who had come before or during the war and a much larger
number of Loyalists(3) who, for their virtue or vices, refused to
desert the British flag, left Charleston on the British fleet. This was
nearly one-half of the white population of Charleston. It was a scene
of grief and joy. Many of the Tories, permanently bereft, so far as
they knew, of every possession, were men and women of culture and
character. They were leaving forever their homes under the stern
compulsion of duty. Those who followed the American Army into
Charleston were joyful to return to their homes, but saddened by the
grief and ruin they witnessed.(4)
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(1) Royal Gazette Mar. 20 and July 13, 1782.
(2) Those whose names were on the list, promptly headed
for the nearest tavern to determine their future course of action and
no doubt to booster their spirits, spiritually in the usual Charleston
manner. (Notice of the meeting at the Tavern was printed in the Royal
Gazette following the publication of the list.)
(3) It is quite possible that Dr. Lynah's two sons were
among these. We know that son James left
around this time--never to return, and in the City Gazette of Nov. 3,
that Edward,
son of James Lynah, arrived from N. Y. (1786)
(4) D. D. Wallace: A Short History of S. C.
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