In June 1775, the Second Continental Congress declared all loyalists to be traitors. Over the next year, state laws defined as treason acts such as provisioning the British army, saying anything that undermined patriot morale, and discouraging men from enlisting in the Continental army. Punishments ranged from house arrest and suspension of voting privileges to confiscation of property and deportation. Sometimes self-appointed committees of Tory hunters bypassed the judicial niceties and terrorized loyalists, raiding their houses or tarring and feathering them.

Were wives of loyalists also traitors? When loyalist families fled the country, their property was typically confiscated. But if the wife stayed, courts usually allowed her to keep one-third of the property, the amount due her if widowed, and confiscated the rest. Yet a wife who fled with her husband might have little choice in the matter. After the Revolution, descendants of refugee loyalists filed several lawsuits to regain property that had entered the family through the mother’s inheritance. In one well-publicized Massachusetts case in 1805, the American son of loyalist refugee Anna Martin recovered her dowry property on the grounds that she had no independent will to be a loyalist.

Tarring and feathering, property confiscation, deportation, terrorism—to the loyalists, such denials of liberty of conscience and of freedom to own private property proved that democratic tyranny was more to be feared than the monarchical variety. A Boston loyalist named Mather Byles aptly expressed this point: “They call me a brainless Tory, but tell me . . . which is better—to be ruled by one tyrant three thousand miles away, or by three thousand tyrants not a mile away?” Byles was soon sentenced to deportation.

Throughout the war, probably 7,000 to 8,000 loyalists fled to England, and 28,000 eventually found haven in Canada. Many stayed put while the war’s outcome was unknown. In New Jersey, for example, 3,000 Jerseyites felt protected (or scared) enough by the occupying British army in 1776 to swear an oath of allegiance to the king. But then the British drew back to New York City, leaving them at the mercy of local patriot committees. Despite the staunch backing of loyalists in 1776, the British found it difficult to build a winning strategy on their support.