The Liberty Archive FREECAPITALISTS.ORG

Illustrated Episode · Volume IV, chapter 14 · 25 December 1775

Swear it or be jailed

At night before a lit brick courthouse, a tall gaunt general holds up a paper toward three proud gentlemen with folded arms, while young soldiers with muskets and lanterns stand round them.
Newport, Christmas night, 1775. Before the Colony House, General Charles Lee demands that the town's leading Loyalists swear to take up arms for Congress. Three refuse, and Lee has them arrested and marched off to Providence. Rothbard sees a revolution that now treats serving the king as a crime and enforces loyalty oaths on its own neighbors. Chapter 14 of Conceived in Liberty.

Download the painting, full size (JPEG)CC BY 4.0

Free to reuse under CC BY 4.0: credit freecapitalists.org. How to credit.

Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

Newport swarmed with Loyalists, and by the autumn of 1775 it was a town under siege. Captain James Wallace's warships lay in the lower bay, plundering Rhode Island's shipping and threatening to burn Newport, and nearly half its people had fled. Rhode Island's government, fearful of the Tories and of a British attack from Boston, begged Washington for help, and he sent General Charles Lee. Lee marched into Newport on Christmas Day with a small party from Cambridge and a Providence cadet company. That evening he summoned the town's leading Loyalists to the Parade before the Colony House and demanded they swear an oath he had written, including a promise to take up arms if Congress called. Three refused. Lee gave them until morning, and when they would not swear he had them arrested and sent under guard to Providence. By his own letter to Congress he had done it "without any authority," because he held it necessary. Rothbard sees the beginning of something new: months earlier Rhode Island had made it a capital crime to betray the cause, and at the year's end Connecticut became the first colony to declare that serving the king was a crime. Newport's Tories were cowed. Congress, uneasy, would not order the same oath elsewhere.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. IV, ch. 14, 'Suppressing Tories in Rhode Island and Connecticut', pp. 1185-1187. CC BY 3.0. Rothbard
  2. 'General Charles Lee Imposes Oaths of Allegiance on Newport Tories, 1775', Journal of the American Revolution (2020; accessed 2026-10-02, through a fetch summary): Lee's arrival on Christmas Day, his stay at Layton's tavern, the evening summons of eight Tories, the Parade before the Colony House, the oath, the three who refused, the arrests and the week in Providence, Lee's letter to Congress ('without any authority'). Secondary source
  3. 'Major General Charles Lee Imposes Oaths of Allegiance on Newport Tories in 1775', Online Review of Rhode Island History (accessed 2026-10-02, through a search summary): Lee's remark that Newport 'swarms with Tories'; the Providence cadets who joined Lee. Secondary source