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Lynah family history

Home > Family Tree > Dr James Lynah 1 > Revolution > Second 3

We might reasonably conclude that Dr. Lynah, having been commissioned by the British and banished from the state, would be among those leaving, but fortunately, it is not so. His regusal to accept this mass condemnation of guilt by association (probably without precedent in this country before or since) without benefit of trial or hearing brings to light the true character of the man more than any other single act or deed.

The S. C. Legislature next passed an ammendment to the Confiscation Act which reads in part as follows:

"And whereas, not withstanding the said act, on the evacuation of the garrison of Charleston by the British forces on the fourteenth day of December, last many persons whose names are mentioned in the lists annexed to the said act, relying on the leniency of the American Government and the mercy of their fellow citizens did remain and continue in Charles Town, and have surrendered themselves to the custody of the sheriff of Charles Town district, and have been confined by virtue of and in pursuance of said recited act, in the common gaol of Charles Town district, andwhereas, such persons have severally preferred their humble petitions to the Legislature of said state, asserting their innocence of any of the crimes imputed to them, and praying for a trial and full examination of their conduct, which petitions have been received and referred to by both house and Legislature." (1)

The act goes on to provide for posting of bond and stops the sale of estates.

Attached to the act is a list of persons whose cases had already been favorably determined in the Senate; and others who have been favorably reported on in the House of Representatives which includes the name of Dr. Lynah.(2) He was then paroled on bail.

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(1) Statutes at Large of S. C. Vol. IV page 553. Ammendment dated March 16, 1783. Therefore if Dr. Lynah was, as the act states, in jail he was there a maximum of 3 months.

(2) S. C. Statutes at Large Vol. VI appendix pg. 633.