Chancellor Livingston as the "violent whigs," were uncompromising on
the question of banishing the tories, who were numerous, especially in
the Southern District. It seemed probable, therefore, if restored to
citizenship, that they would amalgamate with the _third_ party, or
that class of whigs "who wished to suppress all violence, and to
soften the rigour of the laws against the royalists."

In March, 1783, the legislature passed an act entitled "An act for
granting more effectual relief in cases of trespass." The object of
this act was to enable the whigs at the termination of the war to
recover from the tories rent for any landed estate they might have
occupied; and in cases of suit for such rent, the act declares "that
no defendant or defendants shall be admitted to plead in justification
any military order or command whatsoever for such occupancy."

Under this statute an action was commenced by Mrs. Rutgers against Mr.
Waddington, in the Mayor's Court of the City of New-York, for the
recovery of rent for the occupancy of a brewhouse and malthouse, the
property of the said Mrs. Rutgers. The cause was argued on the 29th of
June, 1784, James Duane as Mayor, and Richard Varick as Recorder,
presiding. On the 27th of August the court gave judgment "that the
plea of the defendant was good for so much of the time as he held
under the British commander-in-chief; because, in the opinion of the
court, a liberal construction of the law of nations would make it so."
As this decision involved a great principle, and would materially
affect the whigs whose property had been occupied by the tories during
the war, it produced great excitement.

A meeting of the whigs was convened on the 13th of September, 1784. A
committee was appointed, and an address to the people of the state