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
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.
(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.