[Doc No. 43.]
REPORT.
In compliance with an act of the general assembly appointing commissioners to enquire into, and ascertain the losses sustained by the late inhabitants of the borough of Norfolk, we, Richard Kello, Joseph Prentis, Daniel Fisher and Robert Andrews, four of the commissioners named in the said act, met in the borough of Norfolk on the 8th day of September last, and proceeded in the prosecution of the trust reposed in us by adjournments ’till the 10th day of October instant. The more effectually to answer the purpose of our appointment, we summoned divers persons to give evidence touching the loss sustained by the inhabitants of the borough, the manner in which their losses happened, and if possible, to discover the persons by whom the same were occasioned. We also called upon several workmen of reputation to measure and value the buildings which had been destroyed, and who were sworn to execute their office faithfully and impartially. In the choice of these persons we were attentive to their skill and character, and were particularly careful to employ such only as, from a long acquaintance in the said borough, and their having been employed in building or repairing most of the houses therein, were best calculated to answer the purpose of our enquiry, by making a fair and honest estimate of the value of the several buildings and improvements at the time they were destroyed. Nor were we unmindful of their political character, so far as it might lead them to execute their office without affection or prejudice. The reports of the workmen are contained in the vouchers numbered from 1 to 216, in which are set down the number and value of the houses and improvements which were destroyed, as well where the proprietors appeared, as where they were absent. These claims amount to the sum of £176,426. 1. 10. and are included in a schedule hereunto annexed as part of our report: this schedule also shews the time of the destruction, and by whom they were destroyed, as far as it was in our power to ascertain these facts.
In order to procure the best information possible, as to the time and manner of the destruction of the houses within the said borough, and the suburbs thereof, we examined (upon oath,) divers witnesses, some of whom proved the burning of particular houses, others gave general information, so as to point out, with some degree of certainty, the time when, and by whom, the greater part of the buildings and improvements ins aid borough were destroyed. The former of these depositions are filed in the particular claims they were intended to support; the latter being of general nature are annexed hereto, and upon examination will give great insight into the objects of our appointment; they are numbered from 1 to 20. This part of our report relates to those houses, &c., which were destroyed before the 15th January, 1776.
With respect to such as were destroyed in the month of February following, the depositions expressly prove the burning of many; they likewise shew that others were standing but a few days before. We have also received much information from a copy of the valuation of those houses which were to be burnt as it is said by order of the honourable convention. Upon these three species of evidence, we have ventured to point out in positive terms, such property as we believe was destroyed at that time—evidence which we think (as well as the other which has been before mentioned,) as competent as the nature of the case will permit. Let it be observed, however, that upon correcting the several entries in the schedule by the valuation above mentioned, it appeared that some few buildings, (chiefly out houses,) which we had presumed, from the general tenor of the evidence received, were burnt by the troops of the state before 15th January, were not burnt until 6th February. This difference will be readily accounted for when it is considered, that in such a calamity it was hardly possible for a bystander to determine whether all the buildings on a lot were destroyed, though they might appear to be on fire; a few out houses might escape their observation, or be included in a general description. We must in duty observe, that many of the claims which are admitted in the schedule are not supported by any positive proof as to the precise day on which houses, &c., were burnt; but when it is considered that great numbers of the inhabitants had left Norfolk before the time of its destruction; that very many of them have never yet returned; and that the unhappy few who remined found sufficient employment in saving their movable property and their lives, it may be safely asserted, that the proof is better than could have been expected. Indeed great numbers of inhabitants were only tenants, and having no interest in the house, were little concerned to take notice by whom it was destroyed. Under these circumstances we are hopeful that the evidence which proves the burning of the greater part of the houses in almost every street, and the unremitting endeavours of the soldiery to burn all that came in their way, will be deemed satisfactory. This observation, however, extends only to those houses which are said to be destroyed from the first to the third of January, 1776.
The claims for personal property, whether plundered or destroyed, we have generally admitted upon the oath of the proprietors; it was hardly possible for a stranger, or indifferent person, to prove either the quantity or quality thereof, especially of furniture; yet where other testimony could be had, we have required it, and have only admitted the oath of the claimant, where no other evidence could be procured.
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Upon an inspection of the schedule, and the depositions which have been taken, it will appear that very few of the houses were destroyed by the enemy, either from their cannonade or by the parties they landed on the wharves; indeed, the efforts of the latter were so feeble that we are induced to believe most of the houses which they did set fire to might have been saved had a disposition of that kind prevailed among the soldiery, but they appear to have had no such intentions; on the contrary, they most wantonly set fire to the greater part of the houses within the town, where the enemy never attempted to approach, and where it would have been impossible for them to have penetrated.
Thus far we have endeavored to explain and support the return which we make “of the losses sustained by the late inhabitants of the borough of Norfolk.” We come now to that part of our office which we must own was exceeding difficult and distressing. To enquire into the weaknesses and failings of our fellow-citizens, and by that discovery to subject their fortunes to ruin, and their persons to contempt and detestation, was a task we could have wished to avoid. In the course of this enquiry we were generally obliged to proceed ex parte. Most of those who are accused of being inimical to the rights and interests of America, were absent, and those few who were present not knowing of the charge against them until the moment it was brought, were little prepared for defence.
We presume, however, that the information which may be obtained from the depositions on this point, will serve rather as a ground for further enquiry, then a reason for censure. We beg leave to add, that the information we received from the general character of many among those, and the conduct which they have preserved on different occasions, may make them appear as objects worthy of the favourable indulgence of the general assembly. Some of them are weak and aged, and their fears of the enemy who were at hand, their desire to secure themselves, or preserve their property for the benefit of their families, may have seduced them into a conduct for which they appear to be sincerely sorry. The dispositions relative to this part of our enquiry, are distinguished by the letters A to R, inclusive.
To distinguish the manner and amount of the whole loss as set forth in the schedule, we are to note, that 32 houses valued at £1,948, and personal property to the amount of £180, were destroyed by lord Dunmore the 30th November, 1775; that 19 houses valued at £1,616, and personal property to the amount of £1,305. 2. 6. were destroyed by the enemy the 1st January, 1776; that 3 houses valued at £114 were destroyed by the enemy on the 21st January, 1776; that 863 houses valued at £110,897. 2. 0. and personal property to the amount of £8,085. 3. 5¼. were destroyed by the troops of the state before 15th January, 1776, and 416 houses valued at £49,664. 6. 1¾. with personal property to the amount of £2,707. 7. 9. were destroyed by order of convention, in February 1776, as will appear particularly set forth in the schedule to which we refer.
R. KELLO,
JO. PRENTIS,
D. FISHER,
ROBERT ANDREWS.
Portsmouth, 10th October, 1777.
