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Constitutionalism in Africa
Constitutionalism in Africa
Edited by
C HA R L E S M F OM BA D
AND
N IC O ST EY T L E R
1
3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.

It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© The several contributors 2021
The moral rights of the authors have been asserted
First Edition published in 2021
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in

a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
Number C01P0000148 with the permission of OPSI
and the Queen’s Printer for Scotland
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2020944745
ISBN 978–0–19–289477–9
DOI: 10.1093/oso/9780192894779.001.0001
Printed and bound by
CPI Group (UK) Ltd, Croydon, CR0 4YY
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
Stellenbosch Handbooks in African
Constitutional Law
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of
constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa
that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule.
The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces
of democratization and new hopes for the establishment and entrenchment of constitutional govern-
ance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious
discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism
in Africa.
Although comparative constitutional law has become a major field of legal scholarship, most of the
extensive research that has been carried out has focused on long-established democracies. The only
African country that has attracted sustained research interest from a comparative law perspective
is South Africa. The few books that present perspectives on African comparative constitutional law
focus narrowly and exclusively on developments in either anglophone, francophone, or arabophone
Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound
and far-reaching constitutional developments. Little comparative research has been carried out to
understand the nature of these constitutional changes, to review their impact on the ethos of constitu-
tionalism on the continent, and to explore prospects for the future.
The overriding objectives of the Stellenbosch Handbooks in African Constitutional Law series are,
first, to stimulate interest in comparative constitutional research and the different constitutional tra-
ditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research,
and practice. In this way, the series intends to fill the huge gap in the existing literature on compara-
tive African constitutional law as well as point to directions for future research. Second, each volume
will bring together high quality innovative and original material from diverse perspectives written by
scholars and legal practitioners drawn from the different constitutional traditions operating on the
continent. In this respect, each volume will strive to cover anglophone, arabophone, francophone,
hispanophone, and lusophone Africa. In many respects, this will ensure that African voices are heard in
the global constitutional debate. Third, because most African countries share many common features,
such as the colonial legacy, geographical proximity, and social, economic, political, and cultural condi-
tions, the books in the series adopt a comparative approach that highlights gaps and good practices in
a manner that will provide a rich source of authoritative information for promoting an inter-African
legal dialogue and the cross-fertilization of ideas between different constitutional traditions. Finally, the
books in the series are intended to act as a repository for the accumulation of knowledge, experience,
and expertise on the continent. Each handbook stands alone and is intended to provide an invaluable
source of authoritative reference material for academics, researchers, students at all levels, as well as legal
practitioners and policy-makers.
Preface
This fifth book in our Stellenbosch Handbooks in African Constitutional Law series,
is the outcome of the sixth Stellenbosch Annual Seminar on Constitutionalism in
Africa (SASCA). As in the past, it was organised by the Institute for International
and Comparative Law in Africa (ICLA) of the Faculty of Law, University of Pretoria,
the South African Research Chair in Multilevel Government, Law and Development
(SARChI) at the Dullah Omar Institute, University of the Western Cape, and the
Stellenbosch Institute for Advanced Study (STIAS). This was done in partnership with
the Konrad Adenauer Stiftung (KAS) Rule of Law Programme for Sub-Saharan Africa.
The seminar took place from 4 to 7 September 2018.
The theme of the sixth seminar was ‘Democracy, Elections, and Constitutionalism
in Africa’. The participants examined how the fledgling foundations of African consti-
tutionalism could sail through the stormy seas of authoritarian revival and prevent the
democratic recession spiralling into a depression. They examined a number of intricate
issues concerning the role of elections in fostering democracy and constitutionalism.
Some of the issues looked at included how we could design systems that will ensure that
elections on the continent are genuinely competitive and reflect a real contest between
competing approaches to nation-building, rather than a contest between perceived en-
emies; or again, how we could we reduce the cost of losing an election and encourage
incumbents and opposition parties to accept defeat and continue to play by the rules of
the democratic game. Whilst there are no easy and obvious answers to the numerous
questions that arise, they nevertheless are important and urgent issues that need to be
seriously interrogated. This is because, even if constitutionalism and democracy may
not be working well today in Africa, there is no better alternative.
This seminar, like the previous ones, attracted eminent and emerging young consti-
tutional scholars from across Africa and abroad. A key objective of these seminars con-
tinues to be our desire to encourage and mentor up-and-coming scholars concerned
with constitutional law and its practice in Africa. This important goal is reflected in
the inclusion of chapters in this volume written by young scholars who participated in
the seminar. We have also endeavoured, in line with the fundamental objective of this
series, to secure papers that would cover a cross-section of the continent’s regions and
legal traditions.
We would like to acknowledge and thank a number of persons and institutions that
made this book possible. First, the seminar would not have taken place without the
financial support provided by Swedish Riksbankens Jubileumsfond to STIAS to fund
the SASCA programme. We would like to thank in particular the director of STIAS,
Professor Edward Kirumira, and his predecessor, Professor Hendrik Geyer, and the
Coordinator of Strategic Initiatives, Professor Johann Groenewald, for their enthusiasm
viii Preface
and guidance. We also like to acknowledge the assistance of the very able Mrs Nel-
Mari Loock for all the practical arrangements. Second, we are grateful to the director of
ICLA, Professor Christof Heyns, for his unstinting support for this project. Dr Lukman
A Abdulrauf of the Faculty of Law, University of Ilorin, Nigeria, and Dr Michelle
Maziwisa, Postdoctoral Fellow of the SARChI Chair in Multilevel Government, Law
and Development, at the Dullah Omar Institute, who also provided excellent assist-
ance in the management of the chapters as well as casting a critical eye on their content.
Third, we would like to acknowledge support provided by the South African Research
Chairs Initiative of the Department of Science and Technology and National Research
Foundation, through the South African Research Chair in Multilevel Government,
Law and Development. Fourth, we much appreciate the financial and advisory support
provided by KAS. Fifth, thank you to all the peer-reviewers who helped in ensuring the
quality of the end product. Sixth, we would also wish also to thank Andre Wiesner for
his incisive editorial eye. Finally, special thanks go to OUP staff, especially Mr Jamie
Berezin and Mr Ashirvad Moses.
Charles M Fombad and Nico Steytler

Pretoria and Cape Town
June 2020
Table of Cases
INTERNATIONAL AND REGIONAL COURTS
African Court of Human and People’s Rights

Actions Pour la Protection des Droits de L’Homme (APDH) v The Republic of
Côte d’Ivoire, Application No. 001/2014, Judgment, 18 November 2016��88
Ingabire Victoire Umuhoza v Republic of Rwanda; Application No. 003/2014,
Judgment, 24 November 2017 ��211
Court of Justice of the East African Community

East African Civil Society Organization Forum v The Attorney General of the Republic of
Burundi, The Commission Electorale Nationale Indépendante and The Secretary
General of the East African Community, Reference No.2 of 2015��70
International Criminal Tribunal for Rwanda

Akayesu Case (Prosecutor v Akayesu) (Judgment) 96-4-T, T Ch I (2 September 1998)��204
Media Case (Prosecutor v Nahimana, Barayagwiza and Ngeze; (Judgment and Sentence)
99-52-T (3 December 2003)��209
NATIONAL JURISDICTIONS
Benin
Constitutional Court of Benin, Judgment No. DCC 06-074, 8 July 2006��72
Democratic Republic of Congo

Case No. RCE 001/PR.CR, Decision, 19 January 2019 (unreported)��369
Ghana
Nana Addo Dankwa Akufo-Addo and Others v John Dramani Mahama and Others,
Supreme Court of Ghana, Judgment, 29 August 2013�� 365, 367, 379, 384
Kenya
Centre for Rights Education & Awareness (CREAW) v Attorney General, [2015] eKLR,
http://kenyalaw.org/caselaw/cases/view/111102/��424
Centre for Rights Education & Awareness and Two Others v Speaker the National Assembly,
[2017] eKLR, http://kenyalaw.org/caselaw/cases/view/133439/��424
Federation of Women Lawyers of Kenya (FIDA-K) and Five Others v Attorney-General and
Another, High Court Petition No. 102 of 2011, [2011] eKLR��503
Kenneth Stanley Matiba v Daniel Toroitichi Arap Moi and Others, Civil Application
No. NAI 241 (1993) [Election Petition No. 27 of 1993]��373
Mwai Kibaki v Daniel Toroitichi Arap Moi, Court of Appeal Civil Application No. 172
[Election Petition No. 1 of 1998] ��373
National Gender & Equality Commission v Majority Leader, County Assembly of Nakuru and
Four Others; Jubilee Party and Another (Interested Parties), [2019] eKLR��426
xii table of cases
Odinga and Another v Independent Electoral and Boundaries Commission and Others,
[2017] eKLR��144
Principle of Gender Representation in the National Assembly and the Senate, In the Matter of
the, [2012] eKLR, http://kenyalaw.org/caselaw/cases/view/85286/ ��424
Raila Amolo Odinga v Independent Electoral and Boundaries Commission and Others,
Supreme Court Petition No. 5, 3 and 4 of 2013��369–7, 384, 386, 389
Raila Amolo Odinga and Another v Independent Electoral and Boundaries
Commission and Others, Presidential Petition No. 1 of 2017 ��386
Speaker of the National Assembly v Centre for Rights Education & Awareness and
Seven Others, [2019] eKLR��427
Lesotho
Kananelo Mosito and Others v Qhalehang Letsika and Others, Court of Appeal
(Civil) 9/2018��385
President of the Court of Appeal v Prime Minister and Others, Court of Appeal
(Civil) 62/2013��385
Malawi
Arthur Peter Mutharika and Another v Saulos Klaus Chilima and Another, MSCA
Constitutional Appeal No. 1 of 2020, [2020] MWSC 1, 8 May 2020��145, 392
Saulos Klaus Chilima and Another v Peter Mutharika and Others, Constitutional
Reference No. 1 of 2019��391
Namibia
Panduleni Filemon Bango Itula and Others v Minister of Urban and Rural Development and
Others, Case No. A 1/2019 (February 2020)��380
Rally for Democracy and Progress and Others v Electoral Commission of Namibia and
Others, Supreme Court of Namibia, Case no. SA/12/2011, Appeal Judgement, 25
October 2012 ��160
Rally for Democracy and Progress and Others v Electoral Commission of Namibia and
Others, Case No. A01/2010 ��365, 374
Nigeria
Al-Hassan v Ishaku [2016] 10 NWLR (Pt. 1520) 230��340
Amaechi v Independent National Electoral Commission (INEC) and Others,
Supreme Court of Nigeria, Case No. SC 252/2007, Judgment, 18 January 2008,
[2008] 5 NWLR (Pt. 1080) 227�� 340, 370, 388
Atiku Abubakar and Others v Umaru Musa Yar’adua and Others, Supreme Court of Nigeria,
Case No. SC.72/2008, Judgment, 12 December 2008 ��384
Awolowo v Shagari and FEDECO [1979] NSCC 87��380
Buhari v Obasanjo [2005] 13 NWLR (Pt 941) 1��380
Constitutional Rights Project and Another v Nigeria (2000) AHRL 191 (ACHPR 1998)��389
INEC v Musa [2003] 3 NWLR (Pt. 806) 72��340
Marwa v Nyako [2012] 6 NWLR (Pt. 1296) 200��340
Muhammadu Buhari and Others v Olusegun Obasanjo and Others, Supreme Court of
Nigeria, Case No. SC.133/2003, 17 NWLR (2003)��384, 388
Nyesom v Peterside [2016] 1 NWLR (Pt. 1492) 71��340
Rwanda
Democratic Green Party of Rwanda v Attorney General (Application), Supreme Court of the
Republic of Rwanda (July 2015), at www.rwandagreendemocrats.org/sites/globalgreens.
org/files/Amicus%20Curiae.pdf, (last accessed 2 May 2018)��214
Le Ministère Public v Ingabire, Case No. RP 0081-0110/10/HC/KIG,
Judgment, 20 October 2012 ��211
table of cases xiii
Sierra Leone
John Opong Benjamin and Others v National Electoral Commission and Others,
Supreme Court of Sierra Leone, Case No. SC. No. 2/2012, Judgment, 14 June 2013��374
South Africa
Crawford-Browne v President of the Republic of South Africa, Case No. CCT 103/10��395
Glenister v President of the Republic of South Africa [2011] ZACC 6; 2011(3)
SA 347 (CC)��395, 507
Independent Electoral Commission v Langeberg Municipality, 2001 (9) BCLR 883 (CC)��507
Mlungwana and Others v S and Another (CCT32/18), [2018] ZACC 45; 2019 (1) BCLR 88
(CC); 2019 (1) SACR 429 (CC) (19 November 2018)��502
My Vote Counts NPC v Minister of Justice and Correctional Services and Another
(CCT249/17), [2018] ZACC 17; 2018 (8) BCLR 893 (CC); 2018 (5) SA 380 (CC)
(21 June 2018)��497
New National Party of South Africa v Government of the Republic of South Africa and
Others, 1999 (3) SA 191 (CC)��505, 507
Trustees for the Time Being of the Biowatch Trust v Registrar Genetic Resources and Others
[2009] ZACC 14��385
Tanzania
Attorney-General v Reverend Christopher Mtikila (2009) AC 45��273
Reverend Christopher Mtikila v Attorney-General (1993) 1 CHRLD 11; (2005) TZHC 5. ��373
Uganda
Amama Mbabazi v Yoweri Kaguta Museveni and Others, Supreme Court of Uganda, 2016
Presidential Election Petition��378, 384
Kizza Besigye v Yoweri Kaguta Museveni and Another, Presidential Election
Petition No. 1 of 2001 ��378, 384
Kizza Besigye v Yoweri Kaguta Museveni, Presidential Election Petition No. 1 of 2006��378, 384
United Kingdom
Henry J.B. Kendall and Others v Peter Hamilton [1878] 4 AC 504��317
John Fitch v Tom Stephenson and Others [2008] EWHC 501 (QB)��375
Morgan v Simpson [1975] 1 QB 151��375
Simmons v Khan [2008] EWHC (QB)��376
Zambia
Akashambatwa Mbikusita Lewanika and Others v Fredrick Jacob Titus Chiluba
(1998) ZR 49��378, 384
Anderson Kambela Mazoka and Others v Levy Patrick Mwanawasa and Others
(2005) ZR 138�� 378, 384, 387
Hakainde Hichilema and Another v Edgar Lungu and Others, Constitutional Court,
Case No. 2016/CC/0031�� 372–3, 384
Zimbabwe
Chamisa v Mnangagwa and Others, CCZ 42/18, ZWCC 42, Judgment, 24 August 2018�� 142–4
Dongo v Mwashita and Others, HC 2969/95��122
Election Resource Centre v Charumbira and Others, HH 270-18, HC 1718/18 ��135
Mawarire v Mugabe and Others, Judgement No. CCZ 1/13, CCZ 146/2013 ��129
Morgan Tsvangirai v Mugabe and Another, Case No. SC84/05, [2006] ZWSC 73, Judgment,
14 February 2006��381
Morgan Tsvangirai v Mugabe and Others, Constitutional Application No. CCZ 71/13,
Judgment No. CCZ/20/2017, 14 February 2006��142, 382
xiv table of cases
Morgan Tsvangirai v Mugabe, Election Petition No. HC 3616/2002��381
Movement for Democratic Change and Others v Chairperson of the Zimbabwe Electoral
Commission and Another, Case No. HH37-08 EP24/08, Judgment, April 2008��381
Nelson Chamisa v Emmerson Dambudzo Mnangagwa and Others, Constitutional
Application No. CCZ42/18��383, 386
Sibanda and Another v President of the Republic of Zimbabwe and Others,
(HB 46-08), [2008] ZWBHC 28, Judgment, 8 May 2008��447
Table of Legislation
INTERNATIONAL AND Convention on the Elimination of all

REGIONAL INSTRUMENTS Forms of Discrimination against
Women 1979��438
African Charter on Democracy, Elections Convention on the Prevention and
and Good Governance 2007�� 3–4, 19, 64, Punishment of the Crime of
65, 69, 70, 79, 80, 83, 84, Genocide 1948
86, 88, 488, 509, 510 art 2��204
art 2(4)��64 ECOWAS Protocol on Democracy and
art 3(4)��73 Good Governance 2001
art 3(10)��64 Preamble��87
art 8��484 art 1��87
art 17 ��73 art 2��71
art 17(1)��127 art 2(1)��73
art 17(3)��136 art 45 ��75
art 23 ��65 Inter-American Democratic Charter 2001��85
art 23(4)��67, 69 Lomé Declaration on the Framework
art 23(5)��476 for an OAU Response to
art 25(3)��78 Unconstitutional Changes of
art 25(8)��79 Government 2000 ��4, 65, 67, 69, 72,
art 29 ��483 76, 78, 79, 83, 84, 488
art 31 ��483 Preamble��63, 64
art 31(2)��499 OAU Declaration of Mechanism
art 49 ��81 for Preventing, Managing and
Arts 23 to 26 ��64 Resolving Conflicts in Africa
Arts 24 and 25��77 (Cairo Declaration)��63
African Charter on Human and Peoples’ OAU Declaration on the Political and
Rights 1981��62 Socio-Economic Situation in Africa
art 10 ��273 and the Fundamental Changes
art 13(1)��273 Taking Place in the World 1990��63
African Charter on the Values and Protocol Relating to the Establishment of
Principle of Decentralisation, the Peace and Security Council of
Local Governance and Local the African Union
Development 2014��5, 96, 113 art 7(1)(g) ��71, 78
Preamble��92 Protocol to the African Charter on
African Union Declaration on the Human and Peoples’ Rights on the
Principles Governing Democratic Rights of Women in Africa 2003
Elections in Africa 2002 (Maputo Protocol)��438
Principle 1��73 SADC Declaration on Gender and
African Union Protocol Relating to the Development 1997��432
Peace and Security Council 2002 SADC Protocol on Gender and
art 5(2)(g) ��488 Development 2008
Beijing Declaration and Platform of (revised 2016)�� 432, 438
Action 1995��432 art 12(1)��432
Constitutive Act of the African United Nations General Assembly
Union 2000��65, 66, 82, 83, 85 Resolution 31/146 of 20 December
art 4(h)��64, 71, 75 1976��148
art 4(p)��64 United Nations General Assembly
art 23 ��64, 78 Resolution 3111 of
art 30 ��64, 65 12 December 1973��148
xvi table of legislation
Vienna Convention on the Law of Treaties 1969 Cape Verde
art 27 ��72 Constitution 1999
art 238 ��365
NATIONAL LEGISLATION
Chad
Angola
Constitution 2018��202
Constitution 1992
art 146(1)��99
Democratic Republic of the Congo
Constitution 2010��23, 99
art 2��24 Constitution 2005
art 4��24 arts 143 to 145��365
art 17 ��25 Constitution 2006�� 23, 369, 499
art 17(2)��497 art 7��25
art 17(4)��26 art 45 ��499
arts 23 to 25��25 Constitution 2015��23
arts 41 to 45��25 Electoral Law 2001
art 45 ��26 art 70 ��369
art 48 ��25 art 70bis��369
arts 52 to 56��25 art 71 ��369
arts 68 and 69 ��25
arts 109 to 112��25 Egypt
Benin
art 76 ��223
Constitution 1990��23, 72 art 190 ��252
art 40 ��499 Constitution 1980��223
art 49 ��367 art 75 ��223
art 76 ��223
Botswana Constitution 2012��225
Constitution 1966��23 Constitution 2013�� 10, 223
s 57��471 Constitution 2014�� 10, 23, 221, 223, 224,
ss 64 to 66��27 225, 226, 252, 253, 255, 498
art 6��225
Burundi art 65 ��240
art 70 ��240
Constitution 2005�� 23, 477, 495, 499 art 77 ��221
arts 89 to 91��25, 27 art 87 �� 224, 225
arts 129 and 130 ��25 art 94 ��230
art 129 �� 26, 495 art 102 ��475
art 164 �� 26, 496 art 102(2)��228
art 173 �� 25, 28, 496 art 121 ��224
arts 180 and 181 ��25 art 123 ��228
art 181 ��27 art 140 �� 221, 229
arts 228 and 229 ��25 arts 141 and 142 ��223
art 268 ��27 art 142 �� 228, 236
art 284 ��28 art 152 ��227
art 154 ��231
Cameroon art 157 ��229
Constitution 1996�� 23, 27, 368 art 185 ��230
art 2(8)��24 art 186 ��233
art 3��24 art 188 ��234
art 48(1)��365 art 189(2)��230
art 49(1)��368 art 193(3)��230
art 57(2)��22 art 202 ��226
table of legislation xvii
art 203 ��226 art 47 ��301
arts 208 to 211��27 art 50(1)��301
art 208 �� 224, 234, 235 art 50(4)��172
art 209 ��234 art 50:4��172
art 210 ��253 art 50(5)��172
art 211 �� 31, 234, 238 art 51(1)��24
art 226 ��251 art 51(15)��172
art 234 ��227 art 52(2)(a) ��172
arts 248 and 249 ��224 art 54(1)�� 172, 192
art 250 ��224 art 54(2)��173
art 253 ��224 art 54(3)�� 172, 173
Law 394/1954 (Weapons and art 55(2)(d)��24
Ammunition Law)��232 art 56 �� 24, 172
Law 113/2008 (Freedom of Worship Law) ��232 art 58(3)��192
Law 34/2011 (Law Criminalizing art 73(2)��172
Attacks on Freedom of Work and art 88(2)��172
Devastating Establishments) ��232 art 102(1)��173
Law 107/2013 ��251 art 102(2)��173
Law 10/2014 (Assembly Law)��232 Anti-Terrorism Proclamation,
Law 22/2014 ��246 No. 652/2009 ��185
Law 136/2014 arts 3 to 9��321
art 1��227 Charities and Societies Proclamation,
art 2��227 No. 621/2009 ��185
Law 94/2015 (Anti-Terrorism law)��232 art 2(2) to (4)��185
Law 65/2016 ��227 Electoral Code of Conduct for Political
Law 92/2016 ��238 Parties Proclamation, No. 662/2009 ��302
Law 13/2017 �� 233, 234, 235 Electoral Law of Ethiopia Proclamation
Penal Code (Amended), No. 532/2007 �� 173, 302
art 73(2)��255 art 20(1)��173
Representation of the People Act 1983 art 25 ��305
Chapter 2��225 art 52(1)��187
Electoral Law of Ethiopia Proclamation
Eritrea (Amended), No. 532/2008 ��173
art 16(12)��174
Constitution 1997
art 28 ��173
s 28��365
art 28(2)��174
art 33 ��174
Ethiopia art 33(3)��174
1931 Constitution 1931��169 art 45 ��174
1955 Constitution (Revised) 1955 ��169 art 59 ��313
art 96 ��169 art 60 ��313
art 101 ��169 Electoral Law of Ethiopia Proclamation,
art 102 ��169 No. 111/1995 ��174
1987 Constitution (Peoples Democratic Ethiopian Electoral, Political Parties
Republic of Ethiopia) 1987 Registration and Election’s
art 6��169 Code of Conduct Proclamation,
1995 Constitution (Federal Democratic No.1162/2019�� 191, 309
Republic of Ethiopia) 1995��8, 12, 176, art 2(29)��304
171–73, 176, 180, 184, 194 art 33 ��304
art 4��171 art 44 ��304
art 25 ��173 art 45 ��304
arts 29 to 31��171 art 67(8)��309
art 29(4)��172 art 68(7)��309
art 45 �� 174, 301 art 78(4)��309
xviii table of legislation
art 81 ��309 art 19 ��304
arts 82 to 85��309 art 20 ��304
art 98 ��309 art 22 ��304
arts 100 to 104��305 Regulation to Determine the
arts 100 to 113��302 Allocation of Government
art 100(2)��306 Financial Support to Political
art 100(3)��305 Parties (Draft). No.----/2019 ��302
art 105(3)��309 art 11 ��306
art 106 ��309 art 12 ��306
art 108 ��304 art 13 ��306
art 109 ��304 art 14 ��306
art 110 ��309 art 15 ��306
arts 111 to 113��309 art 16 ��305
art 135 ��308
Freedom of the Mass Media and Gabon
Access to Information Proclamation, Constitution 2018��27
No. 590/2008 ��185 art 95 ��26
Political Parties Registration
Proclamation, No. 46/1993�� 12, 302
art 28 ��314 Ghana
Political Parties Registration Constitution 1992�� 23, 97, 499
Proclamation (Revised), Chapter 19��499
No. 573/2008 ��302 art 233 ��500
art 9��308 Constitution 1996��379
art 9(15)��308 art 33(1)��365
art 22 ��309 art 55(11)��26
arts 23 to 26��309
arts 42 to 56��302 Kenya
art 43 ��313 Access to Information Act 2016��427
art 47 ��304 s 33��404
art 48(4)��309 s 82��404
art 49 ��309 Constitution 2010�� 14, 23, 52, 373, 389,
art 49(1)��187 393, 403–28, 493, 504
art 51 ��303 Chapter 15�� 27, 505
art 51(1)(b) �� 303, 304 art 19(2)��494
art 51(3)��312 art 20 ��494
art 52 �� 303, 313 art 24 ��422
art 52(1)��303 art 24(1)��494
art 53 ��309 arts 27 and 28 ��25
arts 54 and 55 ��309 art 34 ��25
art 54(2)��310 art 38 ��24, 25
art 54(2)(b) ��303 arts 54 to 57��503
art 56(3)��309 art 55 ��24
Political Parties Registration art 67 ��504
Proclamation (Revised), art 79 ��504
No. 578/2008 �� 12, 174 art 80 ��425
art 2(7)��174 arts 81 to 92��25
arts 5 and 6��174 art 81 �� 423, 424
art 9��174 art 81(b)��503
Regulation Concerning the Procedure for art 84(3)��365
Determining the Apportionment of art 88 ��504
Government Financial Support to arts 88 to 90��505
Political Parties, Regulation art 90(2)(b) ��410
No. 5/2009 art 91(1)��497
art 18 �� 302, 304 art 91(2)(a) ��421
table of legislation xix
art 127 ��504 Mozambique
art 159(2)(d)��371 Constitution 2004��23
arts 171 to 173��504 art 50 ��27
art 215 ��504
art 228 ��504 Namibia
art 229 ��504
art 230 ��504 Electoral Act 1992
arts 233 to 236��504 s 10��374
art 237 ��504 Electoral Act 2014��380
art 246 ��504 Namibian Constitution 1990�� 23, 152, 158
arts 248 to 254��500 Chapter 12��159
art 248(2)��505 art 134(3)��159
art 249 ��27 Namibian Constitution First Amendment
art 256 ��424 Act 34 of 1998��159
art 261 ��425 Special Advisors and Regional Governors
art 261(5) to (7)��425 Appointment Amendment Act 20 of
art 261(8) and (9)��428 2010��159
County Governments Act 2012 ��426
Elections (General) Regulations Nigeria
2012��420 Constitution 1979�� 95, 337
Political Parties Act 2016 Constitution 1999�� 98, 101, 333, 344, 349
s 25��410 s 65(2)(b)��338
s 26��410 s 139��365
s 153��338
Lesotho s 156(1)��338
s 157��338
s 158(1)��338
s 22(1)��365
s 160(1)��338
Sch. 3 ��338
Malawi Constitution of the Federal Republic
Constitution 1994��102 of Nigeria (First Alteration)
s 46(2)��365 Act 2010 �� 348, 475
s 15��348
Mali s 16��348
s 22(b) ��349
Constitution 1992 Constitution of the Federal Republic
art 103 ��365 of Nigeria (Fourth Alteration)
Act 2017 ��349
Mauritius Constitution of the Federal Republic of
Constitution 1968 Nigeria (Second Alteration)
s 73��25 Act 2010 �� 348, 475
s 83(2)��365 s 9��349
Electoral Act 2010��333, 348, 349, 475, 497
ss 133 and 134�� 396, 398
Morocco
s 142�� 396, 398
Constitution 2011 Police Act 1967��347
art 7��25
art 9�� 25, 495 Russian Federation
Constitution 2012��23, 27
art 6��25 Constitution 1993��477
art 7��25
art 9��25 Rwanda
arts 28 to 30��25 Constitution 1991�� 206, 212
art 33 ��25 Constitution 2003��9, 98, 203, 212–13, 499
xx table of legislation
art 9��213 s 57�� 26, 97, 494
art 14 ��214 s 116�� 26, 495
art 33 ��213 ss 181 to 194��500
art 34 ��213 s 181�� 27, 505, 506, 508
art 52 �� 213, 499 s 181(1)��504
art 54(1)�� 213–14 ss 192 and 193��28
art 101 ��214 s 197��26
art 172 ��215 s 199��28
art 193 ��214 Promotion of Access to Information Act 2
art 196 ��214 of 2000��497
Law No. 47/2001 of 18 December 2001 South African Police Service Act 68 of 1995
instituting punishment for Chapter 6A ��395
offences of discrimination and
sectarianism�� 210, 211 Sudan
arts 5 and 6��210 Constitution 2006��99
Law No. 33bis/2003 of 6 June 2003 art 105(b) and (c) ��365
repressing the crime of genocide,
crimes against humanity and war
Swaziland
crimes ��211
Law No. 18/2008 of 23 July 2008 law ss 79 to 90��25
on the prevention and
punishment of the crime Tanzania
of genocide ideology�� 210, 211 Basic Rights and Duties Enforcement Act 1994
art 2��210 s 8(3)��275
arts 6 and 7��210 Constitution 1977
Law No. 84/2013 of 11 September 2013 art 3(1)��273
law on the crime of genocide art 3(2)��272
ideology and other related offences art 39 ��273
art 5��211 art 39(1)(c) ��273
Penal Code 2012 art 67 ��273
art 116 ��211 art 67(1)(b) ��273
Rwandese Patriotic Front Declaration 1994 art 77 ��273
art 2��212 art 77(3)��273
art 14(1)��365
Senegal art 41(7)��365
Constitution 2001��23, 27 art 60 ��25
arts 3 and 4��24 art 146(1)��99
art 146(2)��97
Seychelles Constitutional Amendment
(Eleventh) 1995 ��273
Local Government Act 2015��102 Election Expenses Act 2010��274
Local Authorities (Elections) Act 1979
Sierra Leone s 39��273
Constitution 2010 Persons with Disabilities Act 2010
art 55(1)��374 s 51��274
s 51(3)(vi) ��283
South Africa Political Parties Act 1992�� 11, 267, 274,
276, 285, 289
Constitution 1996�� 393, 493, 502
s 9(1)��272
Chapter 9�� 28, 504
s 12��277
s 2��24
s 13��277
s 7(1)��494
s 15��277
s 7(2)��494
s 16(3)(a)��286
s 19��25
s 17(2)��286
s 36��494
table of legislation xxi
s 18��277 Chapter 4��126
Political Parties Amendment Act 2018 Chapter 5��445
s 4(5)(e)��277 Chapter 12�� 27, 437, 455, 517
s 21E(1) and (2)��276 Chapter 13��504
Trustees Incorporation Act 1956 s 2��451
s 26��285 s 3��438
s 3(1)(g)��437
Tunisia s 3(2)��494
s 3(2)(a)��126
s 3(2)(b)��126
art 125 ��27
s 8(1)��439
art 127 ��28
s 8(2)��440
s 17�� 437, 438, 440, 503
Uganda s 17(1)(b)(i) and (ii)��454
Constitution 1995��71 ss 20 to 22��503
art 21 ��25 s 56�� 439, 440
art 29 ��25 s 56(2)�� 437, 454
art 33 ��25 s 61(4)��136
arts 60 to 75��25 s 67�� 25, 169
art 75 ��25 s 68��497
art 81 ��25 s 80�� 394, 493, 440
art 84 ��25 s 80(1)�� 437, 454
art 104 ��365 s 86��494
Presidential Elections Act 2005 s 88��446
s 59(6)(a)��377 s 93(1)��383
s 104(3)��446
United Kingdom s 104(4)��446
Representation of People Act 1983��375 s 105(1)��446
s 23(3)��375 s 118��433
s 48��375 s 120�� 442, 503
s 124��441
s 124(1)��503
Zambia
s 155(1)��126
Constitution 2016��95, 96 s 155(2)(d)��136
arts 101 to 105��365 s 155(2)(e)��141
art 101(5)��372 s 164(1)��141
art 101(6)��372 s 164(3)��141
art 103(2)��372 s 165��141
art 103(3)��373 s 167(2)��141
art 105(2)(b)��373 s 208(2)��135
Constitution of Zambia (Amendment) s 208(3)��135
Act 2 of 2016��365 s 210��135
s 226��28
Zimbabwe ss 232 to 263��500
Access to Information and the Protection s 232��455
of Privacy Act, Chapter 10:27, Act 5 s 233��126
of 2003�� 123, 131, 132 s 234��126
Broadcasting Services Act, Chapter 12:06, s 235��126
Act 3 of 2001��131 s 235(2)��126
Constitution 1979 (Lancaster House ss 236 and 237��506
Constitution)�� 119, 437 ss 238 to 241��504
s 34��471 ss 242 to 244��504
Constitution 1981 (Amended 2007)��471 ss 245 to 247��504
Constitution 2013�� 6, 14–16, 23, 76, 80, 96, ss 248 to 250��504
119–45, 394, 432–58, 486, ss 251 to 253��504
493, 499, 503 ss 254 to 257��504
Chapter 2��439 s 256��504
xxii table of legislation
s 281��135 Electoral Amendment Act 6 of 2018
s 282(4)��135 s 23(b) ��131
s 287��135 s 30��131
s 327(6)��438 s 36��131
Constitution of Zimbabwe Amendment General Laws Amendment Act
(No. 9) Act 31 of 1989, s 34��471 [Chapter 8:07] Act 3 of 2016��434
Constitution of Zimbabwe Amendment Legal Age of Majority Act, Act 15 of 1982��434
(No.20) Act 1 of 2013��125 Political Parties (Finance) Act [Chapter
Constitutional Court Rules 2016 2:11] Act 4 of 2001, as amended by
(Statutory Instrument 61 Act 22 of 2001 and Act 14 of 2002 ��123
of 2016) s 3(3)��130
r 55(1)��385 s 4(1)��131
Electoral Act [Chapter 2:13] Act 25 of s 6(1)��133
2004�� 131–2 s 8��134
ss 20 and 21��129 Public Order and Security Act
s 23(3)��130 [Chapter 11:17] Act 1 of 2002��123
s 67(a)��143 s 24(1)��131
s 67(A)(7)��382 s 24(6)�� 131, 132
s 72��130 Zimbabwe Gender Commission Act
s 110��138 [Chapter 10:31] Act 7 of 2015��456
s 160(g)��136 s 232��455
List of Contributors
Charles M Fombad
Professor of Law, Institute for International and Comparative Law in Africa (ICLA) and Faculty of
Law, University of Pretoria
Nico Steytler
South African Research Chair in Multilevel Government, Law and Development, Dullah Omar
Institute of Constitutional Law, Governance and Human Rights, University of the Western Cape
Adem K Abebe
Programme Officer, International IDEA, Constitution Building Programme, and Extraordinary
Lecture, Centre for Human Rights, University of Pretoria
Zemelak Ayitenew Ayele
Associate Professor, Director of the Centre for Federal and Governance Studies, Addis Ababa University
& Dullah Omar Institute of Constitutional Law, Governance and Human Rights, University of the
Western Cape
Edwin Babeiya
Senior Lecturer, History, Political Science and Development Studies, University of Dar es Salaam-DUCE
Nic Cheeseman
Professor of Democracy, International Development Department, University of Birmingham
Tinashe Carlton Chigwata
Senior Researcher, Dullah Omar Institute for Constitutional Law, Governance and Human Rights,
University of the Western Cape
Zelalem Degifie
Assistant Professor, School of Law, Wollo University, Ethiopia
Sherif Elgebeily
Head of Director’s Office, Ministry of Justice, UK Government
Jill Cottrell Ghai
Retired law teacher; now Chair, Board of Directors, Katiba Institute, Nairobi
O’Brien Kaaba
Lecturer, School of Law, University of Zambia
Makanatsa Makonese
Deputy Chief of Party, Advancing Rights in Southern Africa, American Bar Association
Henning Melber
Extraordinary Professor, Department of Political Sciences, University of Pretoria and Extraordinary
Professor Centre for Gender and Africa Studies, University of the Free State, Bloemfontein
Teresa Nogueira Pinto
PhD Candidate in Global Studies, Portuguese Institute for International Relations, Nova University of
Lisbon (IPRI-NOVA)
Rotimi T Suberu
Professor, Society, Culture, and Thought (SCT), Bennington College, United States
Another random document with
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emissaries of the United States who conducted the peace
negotiations were reluctant to consent even to this small concession;
that it was in after years represented on the American side as a mere
form of words, necessary to bring matters to a conclusion and to
save the face of the British Government; that its inadequacy was
hotly assailed in both Houses of the British Parliament; and that it
proved to be as a matter of fact in the main a dead letter.
Very bitter were the comments made in Parliament Debates in
upon these provisions in the treaty by the opponents Parliament on the
question of the
of Shelburne’s ministry. On the 17th of February, 1783, Loyalists.
the Preliminary Articles of Peace were discussed in either House. In
the House of Lords Lord Carlisle led the attack, moving an
amendment in which the subject of the Loyalists was The debate in the
prominently mentioned. The terms of the amendment House of Lords.
lamented the necessity for subscribing to articles ‘which, considering
the relative situation of the belligerent Powers, we must regard as
inadequate to our just expectations and derogatory to the honour
and dignity of Great Britain’. Various strong speeches followed, Lord
Walsingham did not mince his words, nor did Lord Townshend. Lord
Stormont spoke of the Loyalists as ‘men whom Britain was bound in
justice and honour, gratitude and affection, and every tie to provide
for and protect. Yet alas for England as well as them they were made
a price of peace’. Lord George Germain, now Lord Sackville, who
had so largely contributed to the calamitous issue of the war, was to
the front in condemning the cruel abandonment of the Loyalists. In
order to prove the futility of the terms intended to safeguard their
interests, he referred to a resolution passed by the Legislature of
Virginia as late as the 17th of December previously, to the effect that
all demands for restitution of confiscated property were wholly
inadmissible. Lord Loughborough in a brilliant speech spoke out that
‘in ancient or in modern history there cannot be found an instance of
so shameful a desertion of men who have sacrificed all to their duty
and to their reliance upon our faith’. The House sat until 4.30 on the
following morning, the attendance of peers being at one period of the
debate larger than on any previous occasion in the reign of George
the Third; and the division gave the Government a majority of
thirteen.
Meanwhile the House of Commons were also engaged in
discussing the Peace, and here Lord John Cavendish The Debate in the
moved an amendment to the Address, which was House of
Commons.
supplemented by a further amendment in which Lord
North raised the case of the Loyalists. The Government fared ill at
the hands of the best speakers in the House, of all shades of
opinion. ‘Never was the honour, the humanity, the principles, the
policy of a nation so grossly abused,’ said Lord North now happy in
opposition, ‘as in the desertion of those men who are now exposed
to every punishment that desertion and poverty can inflict because
they were not rebels,’ and he denounced the discrimination made in
the fifth article of the Peace against those who had borne arms for
Great Britain. Lord Mulgrave spoke of the Peace as ‘a lasting
monument of national disgrace’. Fox was found in opposition to
Shelburne with whom he had parted company, and on the same side
as his old opponent Lord North with whom he was soon to join
hands. Burke spoke of the vast number of Loyalists who ‘had been
deluded by this country and had risked everything in our cause’.
Sheridan used bitter words to the same effect; and even Wilberforce,
who seconded the Address on the Government side, had to own
that, when he considered the case of the Loyalists, The Government
‘there he saw his country humiliated.’ The debate went defeated.
on through the night, and when the division was taken at 7.30 the
next morning, the ministers found themselves beaten by sixteen
votes.
But the House of Commons had not yet done with the Peace, or
with the ministry. Four days later, on the 21st of Resolutions by
February, Lord John Cavendish moved five resolutions Lord John
Cavendish.
in the House. The first three resolutions confirmed the
Peace and led to little debate, but the fourth and fifth were a direct
attack on the Government. The fourth resolution was as follows, ‘The
concessions made to the adversaries of Great Britain, by the said
Provisional Treaty and Preliminary Articles, are greater than they
were entitled to, either from the actual situation of their respective
possessions, or from their comparative strength.’ The terms of the
fifth resolution were, ‘that this House do feel the regard due from this
nation to every description of men, who, with the risk of their lives
and the sacrifice of their property, have distinguished their loyalty,
and been conspicuous for their fidelity during a long and calamitous
war, and to assure His Majesty that they shall take every proper
method to relieve them, which the state of the circumstances of this
country will permit.’ A long debate on the fourth resolution ended in
the defeat of the Government by seventeen votes; and, the
Opposition being satisfied by carrying this vote of Shelburne’s
censure, the fifth resolution was withdrawn. The result ministry defeated.
of the night’s work was to turn out Shelburne and his colleagues, and
to make way for the famous coalition of Fox and North, which had
been amply foreshadowed in the debates.
It will be noted that, though the case of the Loyalists Unnecessary
was made a text for denouncing the terms of the concessions made
on the English side
Peace, the Government was defeated avowedly not in the Peace of
so much on the ground of dishonourable conduct to 1783.
the friends of England as on that of having made unnecessary
concessions. The case of the Opposition was strong, and the case of
the Government was weak, because sentiment was backed by
common sense. The Loyalists had been shabbily treated, without
any adequate reason either for sacrificing them or for making various
other concessions. That was the verdict of the House of Commons
then, and it is the verdict of history now. England had become
relatively not weaker but stronger since the disaster at Yorktown, and
the United States were at least as much in need of peace as was the
mother country. The Americans had done more by bluff than by
force, and the wholesale cession of territory, the timorous
abandonment of men and places, was an unnecessary price of
peace. The case of the Opposition was overwhelming, and it carried
conviction in spite of the antecedents of many of those who spoke
for it. North and Sackville, who declaimed against the terms which
had been conceded, were the men who had mismanaged the war.
Fox was to the front in attacking the Peace, and with reason, for he
had been the chief opponent in the Rockingham cabinet of
Shelburne and his emissary Oswald, but Fox beyond all men had
lent his energies to supporting the Americans against his own
country in the time of her trial.
What the Government pleaded in defence of the Excuses made for
articles which related to the Loyalists was first, that the policy of the
British Government
they could not secure peace on any other terms; with regard to the
secondly, that the Americans would carry out the Loyalists.
terms honourably and in good faith; and thirdly that, if the terms were
not carried out, England would compensate her friends. The first
plea, as we have seen, was rejected. The second plea events
proved to be ill founded. Congress made the recommendation to the
state legislatures which the fifth article prescribed, but Persecution of the
no attention was paid to it. ‘Confiscation still went on Loyalists in the
various states.
actively, governors of the states were urged to
exchange lists of the proscribed persons, that no Tory might find a
resting-place in the United States, and in nearly every state they
were disfranchized’.[167] The Acts against the Loyalists were not
repealed, and in some cases were supplemented. In some states life
was not safe any more than property, and the revolution closed with
a reign of terror. South Carolina stood almost alone in passing, in
March, 1784, an Act for restitution of property and permitting
Loyalists to return to the state. In Pennsylvania Tories were still
disfranchized as late as 1801.
In retaliation for the non-fulfilment of the fifth and sixth articles of
the treaty relating to the Loyalists, as well as of the fourth article by
which creditors on either side were to meet with no lawful
impediment in recovering their bonâ fide debts,[168] the British
Government, in their turn, refused to carry out in full the seventh
article under which all the places which were occupied by British
garrisons within the borders of the United States were to be
evacuated ‘with all convenient speed’; and it was not until the year
1796, after further negotiations had taken place and a new treaty,
Jay’s Treaty of 1794, had been signed, that the inland posts were
finally given up. Meanwhile the Government took in hand
compensation for the sorely tried Loyalists, redeeming the pledges
which had been given and the honour of the nation.
A full account of the steps which were taken to Compensation
compensate in money the American Loyalists is given given to the
Loyalists from
in a Historical view of the Commission for inquiry into Imperial Funds.
the losses, services and claims of the American Loyalists which was
published in London in 1815, by John Eardley Wilmot, one of the
commissioners. Compensation or relief had been going on during
the war, for, as has been seen, each stage of the war and each
abandonment of a city implied a number of refugees with claims on
the justice or the liberality of the British Government. Thus Wilmot
tells us that in the autumn of 1782 the sums issued by the Treasury
amounted to an annual amount of £40,280 distributed among 315
persons, over and above occasional sums in gross to the amount of
between £17,000 and £18,000 per annum for the three last years,
being payments applied to particular or extraordinary losses or
services. Shelburne named two members of Parliament as
commissioners to inquire into the application of these relief funds;
and they reduced the amount stated above to £25,800, but by June,
1783, added another £17,445, thus bringing up the total to £43,245.
In July, 1783, the Portland administration, which had taken the
place of Shelburne’s ministry and which included Fox and North,
passed an Act ‘appointing commissioners to inquire into the losses
and services of all such persons who have suffered in their rights,
properties and professions during the late unhappy dissensions in
America, in consequence of their loyalty to His Majesty and
attachment to the British Government’.[169] The Act was passed for
two years only, expiring in July, 1785; and the 25th of March, 1784,
was fixed as the date by which all claims were to be sent in. But the
time for settlement was found to be too short. In the session of 1785
the Act was renewed and amplified, and the time for receiving claims
was extended under certain conditions till May 1st, 1786. In that year
the Act was again renewed, and it was further renewed in 1787.
Commissioners were sent out to Nova Scotia, to Canada, and to the
United States. On the 6th of June, 1788, there was a debate in
Parliament on the subject of compensation, which was followed by
passing a new Act[170], the operation of which was again twice
extended, and in 1790 the long inquiry came to an end. The total
grant allowed was £3,112,455, including a sum of £253,000 awarded
to the Proprietaries or the trustees of the Proprietaries of
Pennsylvania, North Carolina, Virginia and Maryland, the Penn
family receiving the sum of £100,000 converted into an annuity of
£4,000 per annum.
It was a long drawn out inquiry, and the unfortunate Loyalists
chafed at the delay; but the outcome was not illiberal and showed
that England had not forgotten her friends. William Pitt, who as
Prime Minister carried the matter through, had been Chancellor of
the Exchequer in Shelburne’s ministry which was responsible for the
articles of the Peace, and his subsequent action testified that amid
the many liabilities of England which he was called upon to face, he
well remembered the pledges given in respect of the Loyalists of
America.
The number of claimants who applied for money compensation
was 5,072: 954 claims were withdrawn or not prosecuted, and the
number of claims examined was 4,118.[171] The very large majority
of the Loyalists therefore did not participate in the grant, but for a
great many of them homes, grants of land and, for the time being,
rations were found in Canada, where General Haldimand and after
him Guy Carleton, then Lord Dorchester, cared for the friends of
England. Among the most deserving and the most valuable of the
refugees were the members of ‘His Majesty’s The Loyalist
Provincial Regiments’, the various Loyalist corps soldiers.
raised in America, the commanding officers of which, on the 14th of
March, 1783, presented a touching and dignified memorial to
Carleton while still Commander-in-Chief at New York. They set out
their claims and services. They asked that provision should be made
for the disabled, the widows, and the orphans; that the rank of the
officers might be permanent in America and that they might be
placed on half pay upon the reduction of their regiments; and ‘that
grants of land may be made to them in some of His Majesty’s
American provinces, and that they may be assisted in making
settlements, in order that they and their children may enjoy the
benefits of the British Government’.[172]
Where did the Loyalists come from, where did they Numbers, with
places, and
go, and what was their number? The questions are destinations of the
difficult to answer. In all the states there were many Loyalists.
Loyalists, though the numbers were much larger in some than in
others, and varied at different times according to special
circumstances or the characters and actions of local leaders on
either side. New England and Virginia were to the front on the
Patriot, Whig, or Revolutionary side. In New England Massachusetts,
as always, took the lead. Here the Loyalist cause was weakened and
depressed by the early evacuation of Boston and the departure of a
large number of Loyalist citizens who accompanied Howe’s army
when it left for Halifax. Of the other New England states,
Connecticut, though it supplied a large number of men to
Washington’s army, seems to have contained relatively more
Loyalists than the other New England states, probably because it
bordered on the principal Loyalist stronghold, New York. In Virginia
Washington’s personal influence counted for much, and the King’s
governor Lord Dunmore, by burning down the town of Norfolk, would
seem to have alienated sympathies from the British side. New York
was the last state to declare for independence. New York the
Throughout the war it contained a stronger proportion principal
state.
Loyalist
of Loyalists than any other state, and of the claims to

compensation which were admitted by the commissioners quite one-
third were credited to New York. The commercial interests of the
port, traditional jealousy of New England, neighbourhood to Canada,
made for the British connexion. Family and church interests were
strong, the De Lanceys leading the Episcopalian party on the side of
the King, as against the Livingstons and the Presbyterians and
Congregationalists who threw in their lot with the Revolution. Most of
all, after Howe occupied New York, it was held strongly as the British
head quarters till the end of the war, and became the resort of
Loyalist refugees from other parts of America. In Pennsylvania the
Loyalists were numerous. Here the Quaker influence was strong,
opposed to war and to revolution. As already stated, when
Philadelphia was abandoned, 3,000 Loyalists left with the British
army. In the south the Loyalists were strong, but in the back country
where there were comparatively new settlers, many of Scotch
descent, rather than on the coast. In North Carolina parties are said
to have been evenly divided. In South Carolina, and possibly in
Georgia also, the Loyalists seem at one time to have preponderated.
When the British garrisons at Charleston and Savannah were finally
withdrawn, 13,271 Loyalists were enumerated as intending to leave
also, including 8,676 blacks. But any calculation is of little avail, for
Loyalists were made and unmade by the vicissitudes of the war. In
America, as in other countries in revolutionary times, it must be
supposed that the stalwarts on either side were very far from
including the whole population.
If it is not easy to trace where the Loyalists came from, it is equally
difficult with any accuracy to state, except in general terms, where
they all went. It was not a case of a single wave of emigration
starting from a given point and directed to a given point. For years
refugees were drifting off in one direction and another. Many went
during the war overland to Canada. Many were carried by sea to
Nova Scotia. A large number went to England. Before and after the
conclusion of the Peace there was considerable emigration from the
southern states to Florida, the Bahamas, and the West Indies. But
Canada, including Nova Scotia and New Brunswick, The Loyalists in
became the chief permanent home of the Loyalists. It Canada.
was the country which wanted them most, and where they found a
place not as isolated refugees but as a distinct and an honoured
element in the population. The coming of the Loyalists to Canada
created the province of New Brunswick and that of Ontario or Upper
Canada.
As far as dates can be given for an emigration which, was spread
over a number of years, 1783 may be taken as the birth year of the
Loyalist settlements in Nova Scotia and New Brunswick, and 1784
as that of Upper Canada. We have an accurate official account of
the Loyalists in the maritime provinces in the year 1784, entitled a
report on Nova Scotia by Colonel Robert Morse, R.E. Loyalist
[173] The scope of the report included New Brunswick, colonization of
Nova Scotia and
which was in that year separated from Nova Scotia; New Brunswick.
and it is noteworthy that the writer recommended union of the
maritime provinces with Canada, placing the capital for the united
colony in Cape Breton. The Loyalists in Nova Scotia and New
Brunswick or, as Colonel Morse styled them, the ‘new inhabitants,
viz., the disbanded troops and Loyalists who came into this province
since the Peace’, were mustered in the summer of 1784 and were
found to number 28,347, including women, children and servants.
Among them were 3,000 negroes, largely from New York. As against
these newcomers there were only 14,000 old British inhabitants, of
whom a great part had been disaffected during the war owing to their
New England connexion. Of the refugees 9,000 were located on the
St. John river, and nearly 8,000 at the new township of Shelburne in
the south-west corner of Nova Scotia. Morse gave a pitiable account
of the condition of the immigrants at the time when he wrote. Very
few were as yet settled on their lands; if not fed by the Government
they must perish. ‘They have no other country to go to—no other
asylum.’ There had been the usual emigration story in the case of
Nova Scotia, supplemented by exceptional circumstances. Glowing
accounts had been circulated of its attractions as a home and place
of refuge. Thousands who left New York after the Peace had been
signed, and before the port was finally evacuated by the British
troops, went to Nova Scotia, having to find homes somewhere. Then
ensued disappointment, hardship and deep distress; and the country
and its climate were maligned, as before they had been unduly
praised. Nova Scotia was christened in the United States Nova
Scarcity, and the climate was described as consisting of nine months
winter and three months cold weather.[174] In the end many of the
emigrants drifted off again. Some succumbed to their troubles; but
the strong ones held on, and the Loyalists made of New Brunswick
and Nova Scotia sound and thriving provinces of the British Empire.
In addition to the refugees who have been enumerated above,
some 3,000 settled in Cape Breton Island, others found homes in the
Gaspé peninsula on the Bay of Chaleurs, others again on the
seignory of Sorel at the mouth of the Richelieu river, Loyalist
which Haldimand had bought for the Crown in colonization of the
province of Ontario.
1780[175] and which had a special value from a
military point of view; but more important was the emigration to
Upper Canada and the settlement of the present province of Ontario.
Through the war the Loyalists had been coming in from the revolting
states, many of them on arrival in Canada taking service for the
Crown in the provincial regiments. When peace came, more arrived
and, with the disbanded soldiers, became colonists of Canada. In
July, 1783, an additional Royal Instruction was given to Haldimand to
allot lands to such of the ‘inhabitants of the colonies and provinces,
now in the United States of America’, as were ‘desirous of retaining
their allegiance to us and of living in our dominions and for this
purpose are disposed to take up and improve lands in our province
of Quebec’, and also to such non-commissioned officers and
privates as might be disbanded in the province and be inclined to
become settlers in it. The lands were to be divided into distinct
seignories or fiefs, in each seignory a glebe was to be reserved, and
every recipient of land was to make a declaration to the effect that ‘I
will maintain and defend to the utmost of my power the authority of
the King in his Parliament as the supreme legislature of this
province’.[176] Along the St. Lawrence from Lake St. Francis
upwards; in the neighbourhood of Cataraqui or Fort Frontenac, near
the outlet of Lake Ontario, where the name of Kingston tells its own
tale; on the Bay of Quinté in Lake Ontario; near the Niagara river;
and over against Detroit, the Loyalists were settled. The strength of
the settlements was shown by the fact that by the Imperial Act of
1791 Upper Canada was constituted a separate province. About that
date there seem to have been some 25,000 white inhabitants in
Upper Canada, but the number of Loyalists who came into the
province before or immediately after the Peace was much smaller.
[177] It is impossible to give even the roughest estimate of the total
number of emigrants from the United States in consequence of the
war, or even of the total number of Loyalist settlers in British North
America. A census report estimates that in all about 40,000 Loyalists
took refuge in British North America.[178] Mr. Kingsford[179] thinks
that the original emigration to the British American provinces did not
exceed 45,000; a modern American writer[180] places the number of
those who came to Canada and the Maritime Provinces within the
few years before and succeeding the Peace at 60,000. Whatever
were their numbers, the refugees from the United States leavened
the whole history of the Dominion; and from the date of their arrival
Canada entered on a new era of her history and made a long step
forward to becoming a nation.
The British Government and the nation on the whole did their duty
by the Loyalists in Canada. They gave money, they gave lands, they
gave food and clothing, and they gave them a title of honour. At a
council meeting held at Quebec on the 9th of November, 1789, Lord
Dorchester said that it was his wish to put a mark of honour upon the
families who had adhered to the unity of the Empire and joined the
Royal Standard in America before the Treaty of Separation in the
year 1783; and it was ordered that the land boards should keep a
registry of them ‘to the end that their posterity may be discriminated
from future settlers’. From that time they were known as the United
Empire Loyalists; and when in the year 1884 the The United Empire
centenary of their arrival in Canada was kept, the Loyalists.
celebration showed that the memory of their sufferings and of their
loyalty was still cherished, that their descendants still rightfully
claimed distinction as bearing the names and inheriting the traditions
of those who through good and evil report remained true to the
British cause.
In the debate in the House of Commons on the American
terms of the Peace, Lord North, speaking of the persecution of the
Loyalists a political
attitude of the Americans toward the Loyalists, said, ‘I mistake.
term it impolitic, for it will establish their character as a vindictive
people. It would have become the interests as well as the character
of a newly-created people to have shown their propensity to
compassion’. The record of the treatment of the Loyalists by their
compatriots in the United States is not the brightest page in
American history. The terrible memory of the border war was not
calculated to make the victorious party lean to the side of
compassion when the fighting was over, but when all allowance has
been made for the bitterness which was the inevitable result of the
long drawn out struggle, the Americans cannot be said to have
shown much good faith or generosity in their dealings with the
Loyalists or much political wisdom. There were exceptions among
them. Men like Jay and Alexander Hamilton and the partisan leader
in the south, General Marion, gave their influence for justice and
mercy; but on the whole justice and mercy were sadly wanting. The
newly-created people, as Lord North styled the Americans, did not
show themselves wise in their generation. Their policy towards the
Loyalists was not that of men confident in the strength and the
righteousness of their cause; nor, if they wished to drive the English
out of America and, as Franklin tried in his dealings with Oswald, to
secure Canada for the United States, did they take the right course
to achieve their end. This point is forcibly put by the American writer
Sabine, whose book published in 1847 is not wanting in strong
patriotic bias. He shows how British colonization in Canada and
Nova Scotia was the direct result of the persecution of the Loyalists,
and sums up that ‘humanity to the adherents of the Crown and
prudent regard for our own interests required a general amnesty’.
[181] The Americans, for their own future, would have done well to
conciliate rather than to punish, to retain citizens by friendly
treatment not to force them into exile. Their policy bore its inevitable
fruit, and the most determined opponents of the United States in
after years were the men and the children of the men who were
driven out and took refuge in Canada.
The policy was unwise, but it was intelligible; and it Reasons for the
is the more intelligible when viewed in the light of the persecution
Loyalists.
of the
contrast furnished by the sequel to the great civil war

between the Northern and the Southern states. As time goes on and
the world becomes more civilized, public and private vendettas tend
to go out of fashion and individuals and nations alike find it a little
easier to forgive, though possibly not to forget. In any case,
therefore, the outcome of a war eighty years later than the American
War of Independence might have been expected to The American War
bear traces of kindlier feeling and broader humanity. of Independence as
contrasted with the
But there were other reasons for the contrast between later war between
the North and the
the attitude taken up by the victorious Northern states South.
towards the defeated Southern confederacy and that
of the successful Revolutionary party towards their Loyalist
opponents. The cause for which the Northerners fought and
conquered was the maintenance of the Union; the cause for which
the partisans of the Revolution fought and conquered was
separation. It was therefore logical and consistent, when the fighting
was over, in the former case to do what could be done to cement the
Union, in the latter to do all that would accentuate and complete
separation. Amnesty was in a sense the natural outcome of the later
war, proscription was in a sense the natural outcome of the earlier.
Slowly and reluctantly the revolting states came to the determination
to part company with the mother country. Having made their decision
and staked their all upon carrying it to a successful issue, they were
minded also to part company for all time with those among them who
held the contrary view. They were a new people, not wholly sure of
their ground; they would not run the risk, as it seemed, of trying to
reconcile men whose hearts were not with theirs.
Furthermore, in contrasting the two wars it will be noted that in the
later there was a geographical division between the two parties
which did not exist in the earlier case. The great civil war was a fight
between North and South; there was not fighting in each single state
of the Union. The result, broadly speaking, was a definite conquest
of a large and well-defined area where the feeling had been solidly
hostile, and the only practical method of permanently retaining the
conquered states was by amnesty and reconciliation. The War of
Independence, as already pointed out, was not thus geographically
defined. In each separate state there was civil war, local, narrow, and
bitter; and, when the end came, the solution most congenial to the
victorious majority in each small community was also a practicable
though not a wise or humane solution, viz., to weed out the
malcontents and to make good the Patriots’ losses at the expense of
the Loyalists. Union was accepted by the thirteen states as a
necessity; it was not the principle for which they contended. They
fought for separation, they jealously retained all they could of their
local independence, and each within its own limits carried out the
principle of separation to its bitter end by proscribing the adherents
to the only Union which they had known before the war, that which
was produced by common allegiance to the British Crown.
The main result of the incoming of the Loyalists was The Glengarry
to give to Canada a Protestant British population by settlers.
the side of a Roman Catholic French community; but among the
immigrants were Scottish Highlanders from the back settlements of
the province of New York, Gaelic speaking and Roman Catholic in
religion, who had served in the war and who were very wisely settled
in what is now Glengarry county on the edge of the French Canadian
districts. Here their religion was a bond between them and the
French Canadians, while their race and traditions kept them in line
with the other British settlers of Ontario. They brought with them the
honoured name of Macdonell, and in the early years of the
nineteenth century another body of Macdonells, also disbanded
soldiers, joined them from the old country. It needs no telling how
high the record of the Macdonells stands in the annals of Canada, or
how the Glengarry settlers proved their loyalty and their worth in the
war of 1812.[182]
Side by side with this Macdonell immigration, may Scheme for a
be noted an abortive immigration scheme for Upper settlement of
French Royalists in
Canada, which was not British and was later in time Upper Canada.
than the War of American Independence, but which had something
in common with the advent of the Loyalists. This was an attempt to
form a French Royalist settlement in Upper Canada under Count
Joseph de Puisaye, ‘ci devant Puisaye the much enduring man and
Royalist’,[183] a French emigré who had taken a leading part in the
disastrous landing at Quiberon Bay in 1795. In or about 1797 he
seems to have made a proposal to the British Government that they
should send out a number of the Royalist refugees to Canada. The
projected settlement was to be on military and feudal lines. ‘The
same measure must be employed as in founding the old colony of
Canada.... It was the soldiery who cleared and prepared the land for
our French settlements of Canada and Louisiana.’ The writer of the
above had evidently in mind the measures taken in the days of Louis
XIV to colonize New France, and the planting out of the Carignan-
Salières Regiment.[184] The scheme, it was anticipated, would
commend itself to the Canadians in view of the community of race,
language and religion, while to the British Government its value
would consist in placing ‘decided Royalists in a country where
republican principles and republican customs are becoming leading
features’, i. e. on the frontiers of the United States. In July, 1798, the
Duke of Portland wrote to the Administrator of Upper Canada on the
subject, evidently contemplating the possibility of a considerable
emigration to Canada of French refugees then living in England, of
whom de Puisaye and about forty others, who were to embark in the
course of the summer, would be the forerunners. The Duke laid
down that de Puisaye and his company were to be treated as
American Loyalists in the matter of allotment of land. William
Windham, Pitt’s Secretary for War, also wrote, introducing de
Puisaye to the Administrator as being personally well-known to
himself, and explaining that the object of the scheme was ‘to provide
an asylum for as many as possible of those whose adherence to the
ancient laws, religion, and constitution of their country has rendered
them sacrifices to the French Revolution’, to select by preference
those who had served in the Royalist armies, to allow them to have a
settlement of their own ‘as much as possible separate from any other
body of French, or of those persons speaking French, who may be at
present in America, or whom Government may hereafter be
disposed to settle there’, and by this comparative isolation, as well
as by giving them some element of military and feudal discipline, to
preserve to them the character ‘of a society founded on the
principles of reverence for religion and attachment to monarchy’. The
scheme was born out of due time. The coming century and the New
World were not the time and place for reviving feudal institutions. But
on paper it was an attractive scheme. Side by side with the British
Loyalists who had been driven out of the newly-formed American
republic, would be settled French Loyalists whom the Revolution had
hunted from France. Their loyalty and their sufferings for their cause
would commend them to their British fellow colonists: their kinship in
race, religion, and language would commend them to the French
Canadians, who in turn had little sympathy with a France that knew
not Church or King.
The place selected for the settlement was between Toronto and
Lake Simcoe. It was chosen as being roughly equidistant from the
French settlements in Lower Canada and those on the Detroit river,
and as being near the seat of government, Toronto then York, and
consequently within easy reach of assistance and well under control.
Here a township was laid out and called Windham. De Puisaye and
his party arrived at Montreal in October, 1798, and in the middle of
November de Puisaye himself was at York, while his followers
remained through the winter at Kingston. It was a bad time of year
for starting a new settlement in Upper Canada, and possibly this was
one of the reasons why it failed from the first. Another was that de
Puisaye, who seems to have formed a friendship with Joseph Brant,
[185] divided the small band of emigrants and went off himself to form
a second settlement on or near the Niagara river. The scheme in
short never took root: the emigrants or most of them went elsewhere;
the name Windham went elsewhere and is now to be found in
Norfolk county of Ontario. De Puisaye went back to London after the
Peace of Amiens, and the project for a French Royalist colony in
Upper Canada passed into oblivion.[186]
White Loyalists were not the only residents within the present
boundaries of the United States who expatriated themselves or were
expatriated in consequence of the War of Independence, and who
settled in Canada. It has been seen that the Six Nation Indians had
in the main been steadily on the British side Loyalty of the Six
throughout the war, and that prominent among them Nation Indians and
their settlement in
were the Mohawks led by Joseph Brant. When peace Canada.
was signed containing no recognition or safeguard of
the country of the Six Nations or of native rights, the Indians
complained with some reason that their interests had been sacrificed
by Great Britain. Under these circumstances Governor Haldimand
offered them lands on the British side of the lakes; and a number of
them—more especially the Mohawks—permanently changed their
dwelling-place still to remain under their great father, the King of
England.
There were two principal settlements. One was on the Bay of
Quinté, west of Kingston, where some of the Mohawks took up land
side by side with the disbanded Rangers, in whose company they
had fought in the war, and where the township Tyendenaga recalled
the Indian name of Brant. A larger and more important settlement
was on the Grand river, also called Ours or Ouse, flowing into Lake
Erie due west of the Niagara river. Here Haldimand, by a
proclamation dated the 25th of October, 1784, found homes for
these old allies of England, the land or part of it having, by an
agreement concluded in the previous May, been bought for the
purpose from the Mississauga Indians. The proclamation set forth
that His Majesty had been pleased to direct that, ‘in consideration of
the early attachment to his cause manifested by the Mohawk
Indians, and of the loss of their settlement which they thereby
sustained, a convenient tract of land under his protection should be
chosen as a safe and comfortable retreat for them and others of the
Six Nations who have either lost their settlements within the territory
of the American states or wish to retire from them to the British;’ and
that therefore, ‘at the desire of many of these His Majesty’s faithful
allies’, a tract of land had been purchased from the Indians between
the Lakes Ontario, Huron and Erie, possession of which was
authorized to the Mohawk nation and such other of the Six Nation
Indians as wished to settle in that quarter, for them and their
posterity to enjoy for ever.
The lands allotted were defined in the proclamation as ‘six miles
deep from each side of the river, beginning at Lake Erie and
extending in that proportion to the head of the said river’. Here, in the
present counties of Brant and Haldimand, many tribesmen of the Six
Nations settled. Brant county and its principal town Brantford recall
the memory of the Mohawk leader, and such villages as Cayuga,
Oneida, and Onondaga testify that other members of the old
confederacy, in addition to the Mohawks, crossed over to British soil.
Within a few years difficulties arose as to the intent of the grant, the
Indians, headed by Brant, wishing to sell some of the lands; a further
and more formal document, issued by Governor Simcoe in 1793, did
not settle the question; and eventually a large part of the area
included in the original grant was parted with for money payments
which were invested for the benefit of the Indians. A report made in
July, 1828, and included in a Parliamentary Blue Book of 1834[187],
stated that the number of the Indian settlers on the Grand river was
at that date under 2,000 souls: that ‘they are now considered as
having retained about 260,000 acres of land, mostly of the best
quality. Their possessions were formerly more extensive, but large
tracts have been sold by them with the permission of H. M.’s
Government, the moneys arising from which sales were either
funded in England or lent on interest in this country. The proceeds
amount to about £1,500 p.a.’.
Thus a large number of the Six Nation Indians adhered to the
English connexion and left their old homes for ever: most of them
became members of the Church of England, and the first church built
in the Province of Ontario is said to have been one for the Mohawks.
[188] In the second American war, as in the first, they remained
faithful as subjects and allies; and to this day the descendants of the
once formidable confederacy hold fast to the old-time covenant
which their forefathers made with the English King.
FOOTNOTES:
[165] The text of the treaty is given in Appendix I.
[166] See the text of the treaty in Appendix I.
[167] From The Loyalists in the American Revolution, by C. H.
Van Tyne. Macmillan & Co., 1902, p. 295. The author gives in the
Appendices to his book a list of the laws passed against the
Loyalists in the various states.
[168] American creditors sued Loyalist debtors in England, while
the Loyalists’ property in America was confiscated.
[169] Act 23 Geo. III, cap. 80.
[170] 28 Geo. III, cap. 40.
[171] Wilmot’s account of the claimants and of the money
awarded is most confusing. The figures are taken from the last
Appendix, No. IX, which says the ‘claims including those in Nova
Scotia and Canada’ were 5,072. It is difficult to reconcile these
figures with those given on pp. 90-1 of the book, unless in the
latter case the claims made in Canada are omitted.
[172] See the Annual Register for 1783, p. 262.
[173] Printed in Mr. Brymner’s Report on the Archives of Canada
for the year 1884, Note C, pp. xl, xli.
[174] See The American Loyalists, by Lorenzo Sabine. Boston,
1847, Historical Essay, p. 62, note.
[175] See Shortt and Doughty, p. 495, note.
[176] Shortt and Doughty, pp. 494-5.
[177] In the volume for 1891 of Mr. Brymner’s Report on
Canadian Archives, p. 17, the ‘Return of Disbanded Troops and
Loyalists settled upon the King’s Lands in the Province of Quebec
in the year 1784’ is given as 5,628, including women, children,
and servants. The province of Quebec at this time included both
Lower and Upper Canada.
[178] Census of Canada for 1871, vol. iv; Censuses of Canada,
pp. xxxviii-xlii. See also p. 238, note below.
[179] vol. vii, p. 223.
[180] Mr. Van Tyne, The Loyalists in the American Revolution, p.
299.
[181] The American Loyalists, Preliminary Historical Essay, p. 91.
[182] See the Canadian War of 1812 (Lucas) pp. 11-15. More
than one book has been written on the Macdonells in Canada.
Reference should be made to the Report on the Canadian
Archives for 1896, Notes B and C.
[183] Carlyle’s French Revolution, Book 4, chap. ii. Carlyle
evidently thought lightly of de Puisaye. For this French Royalist
scheme see Mr. Brymner’s Report on Canadian Archives for
1888, pp. xxv-xxxi, and Note F.
[184] See Parkman’s The Old Régime in Canada, and see above,
p. 71.
[185] See the Canadian Archives Report for 1888, Note F, p. 85,
and Stone’s Life of Brant, vol. ii, p. 403 and note.
[186] On ‘A map of the Province of Upper Canada, describing all
the new settlements, townships, &c., with the countries adjacent
from Quebec to Lake Huron, compiled at the request of His
Excellency Major-General John G. Simcoe, first Lieutenant-
Governor, by David William Smyth, Esq., Surveyor-General’, and
published by W. Faden, London, April 12, 1800, ‘French Royalists’
is printed across Yonge Street between York and Lake Simcoe.
The map is in the Colonial Office Library.
[187] Entitled Aboriginal Tribes. Printed for the House of
Commons, 617, August 14, 1834, pp. 28-9. See also the House
of Commons Blue Book 323, June 17, 1839, entitled,
Correspondence Respecting the Indians in the British North
American Provinces.
[188] Before the War of American Independence, the Mohawks
had a church built for them in their own country in the present
state of New York by the British Government, to which Queen
Anne in 1712 presented silver Communion plate and a Bible. The
plate was inscribed with the Royal Arms, in 1712, of ‘Her Majesty
Anne by the Grace of God, of Great Britain, France and Ireland
and Her Plantations in North America, Queen, to Her Indian
Chapel of the Mohawks 1712’; and the Bible was inscribed, ‘To
Her Majesty’s Church of the Mohawks 1712.’ After the War of
Independence, two churches were built in Canada for the
Mohawks who had emigrated to remain under British rule, one
begun in 1785 on the Grand River at the present town of
Brantford, and one on the bay of Quinté. The Communion plate
and Bible, which had been buried by the Indians for safety during
the war, were divided, four pieces of the plate and the Bible being
brought to the Brantford Church, and three to the church on the
bay of Quinté. The Brantford Church was the first Protestant
church in Canada, and a bell, said to be the first bell to call to
prayer in Ontario, and a Royal Coat of Arms were sent out to it by
the British Government in 1786. This church, known as ‘St. Paul’s
Church of the Mohawks’, and in common parlance as the old
Mohawk Church, was in 1904, on a petition to the King, given by
His Majesty the title of ‘His Majesty’s Chapel of the Mohawks’, in
order to revive the old name of Queen Anne’s reign.

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of Loyalists than any other state, and of the claims to

contrast furnished by the sequel to the great civil war

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