“‘Subject’ to an authority founded on the late Declaration of Independence”

During the siege of Boston, Benjamin Davis, Sr., signed up for the Loyal American Association, which appears to have been a pro-Crown militia.

We have these companies’ rolls but little other information on what they actually did, if anything. But membership is a useful yardstick for Loyalism.

According to Todd Braisted’s On-Line Institute for Advanced Loyalist Studies website, Davis was listed as a sergeant in the Third Company, headed by Adino Paddock. Hopestill Capen, a fellow Sandemanian, was also a fellow sergeant.

Benjamin Davis, Jr., joined the Second Company under Capt. Abijah Willard at the rank of private. He was around nineteen years old, thus of prime military age.

In 1776 both father and son evacuated Boston with the British military. Then they headed back to New York to be part of the British military’s return to the newly-declared independent U.S. of A. After their ship was captured, both were locked up in the Boston jail starting in July.

In the Massachusetts state archives, and published in Peter Force’s American Archives, is a long letter dated 10 Oct 1776 to James Bowdoin, who happened to be a senior member of the Massachusetts Council. The signature as transcribed was “Benj’a Davis, Jun.” However, the writer refers to “my son” and “the property which I left in my store in Boston, in March past, worth about a thousand pounds sterling,” so it must have come from Benjamin, Sr.

This letter lays out Benjamin Davis’s religious motivation for remaining loyal to the royal government, to the extent that he refused to recognize the authority of his captors, even to ask for his release:

There is a proverb that it will be well for me to attend to, as it is applicable to one in my present situation: “The fear of man bringeth a snare.” [Proverbs, 29:25] I consider myself now to be wholly in the power of the people, and that there is no legal authority for me to apply to for relief. The present distressed situation I am in, and the method pointed out to me in order to get relieved, are such as makes it necessary for me to be much on my guard, lest I get ensnared.

I am bound by God’s law to “be subject to the higher power;” [Romans 13:1] and I have much more to dread from the disobedience of his commands than I can have to fear from those who may be offended at me because I cannot in conscience be “subject” to an authority founded on the late Declaration of Independence. I am very sorry I am placed in such a situation, as though designed to compel me to take such a step for my enlargement as would be in me a breach of God’s law.

To compel me to act or do, contrary to the dictates of my conscience, any one thing that shall carry with it any authority founded on the Declaration of Independence, until the same be recognized and fully settled so as to become my duty to be “subject,” would be the same, and I see no odds, as if I was in Spain or Portugal and committed to the Inquisition as a heretick, and they were to inflict on me the most cruel tortures in order to compel me to deny the faith.

I’m sure Bowdoin didn’t expect that!

Davis pointed out that he wasn’t demanding his confiscated property since doing so would be another form of recognizing the local courts. He probably knew that also meant fewer locals would see him as an enemy.

The letter continued:

I profess myself a liege subject of his Majesty King George III, founded on this principle, that all who are born within his dominions or realm he has a claim upon as his rightful and lawful subjects; that the Provinces and Colonies in North America make a part of his realm.

I was born in this Province; of course allegiance is due from me to him, nor can it be dissolved but by his consent, or by a revolution taking place within the Kingdom, or the Government fixed and established, in which case it would be dissolved. I am bound by God’s law to “honour the King,” and to be subject to the legislative authority of Great Britain as “the higher power.”

I cannot, in any way, be aiding or assisting in any plan or scheme for bringing about any revolution in the Empire upon any pretence whatsoever, without breaking a positive law of God. But whenever any revolution does take place within the Kingdom, and the Government becomes fixed and established, be the cause that brings it about what it may, I shall then be bound in conscience to be “subject” to its authority, for they will then become the “higher power” in the Apostle’s sense.

That’s Sandemanian doctrine.

Davis said he didn’t desire “being abroad” in Boston, lest people think he was trying to convert them or spy on them; that “would be as unbecoming as to be an informer against my neighbour, who may be concerned in an illicit trade.” But he also said he hoped to “take lodgings in town.”

Finally, Davis suggested that “my son, together with myself and servant, could be exchanged for any prisoners in the hands of his Excellency General [William] Howe, at New-York.”

TOMORROW: Petitions.