Four months after they met, Henry and Elizabeth married secretly in Old Swede's Church in Wicaco. At 8:00 P.M. April 21, 1772 they married despite Dr. Graeme's disapproval. Only their close friends attended, including Benjamin Rush, Provost William Smith and his wife. Old Swede's Church was "incorporated by the Swedish Lutherans but also served by Episcopal minister." Elizabeth at this time was a member of Christ's Church in Philadelphia.

Four days before her marriage Elizabeth wrote to Benjamin Rush of her relationship with Henry: "If Mr. F does not himself relinquish his right over me... I am bound to be his. He says I have in my Power to ruin him Soul and Body; if one of us must fall a Victim let it be me...we are frail beings at best." She wrote that she "could not bear the reproaches of Mr. Fergusson" after giving him "false hopes and unmoaning encouragements (sic)." In a poem from this letter Elizabeth realized that she might be making a mistake by marrying against her father's wishes, but she decided," My Fate is guilty, but my Heart is free."

Dr. Graeme died in June 1772 never having learned of his daughter's marriage. Being the only surviving child, Elizabeth inherited Graeme Park. Henry, as Elizabeth's husband gained legal rights to the title of Graeme Park.

Henry, as head of the household at Graeme Park, became active in the community. On February 6, 1773, he was admitted as a member of the Hatborough Union Library to which Elizabeth already belonged. At the library's annual meeting on November 5, 1775, he was commissioned as a Justice of the Peace for Philadelphia County. He served as Magistrate under British rule and was the last to have this position under colonial government. This position would later supply him with an allowance from the British treasury.

In September 1775 Henry "sailed in a Merchant Man for Bristol; His Business was entirely of a Domestic Nature, in order to Settle some affairs with his Brother in North Britain." On this trip he transported a letter from Benjamin Franklin to a Mr. Jonathan Williams in London. In Franklin's letter he described Henry as a "Gentleman of amiable Character in this Country... I recommend him warmly to your Civilities; and likewise Mr. Stockton who goes over with him intending to study Law in the Temple." Samuel Stockton was Benjamin Rush's uncle by marriage and there is no record that he studied law in England.

While in Scotland, Henry wrote a poem entitled "Green Vale" dated 1776. It was named for property in the Highlands. He is said to have retired to Green Vale at the "end of the last war." Elizabeth copied the poem in her 1787 commonplace book.

"The Commotion of the Public increased so rapidly from that period of time that Elizabeth...wrote to Mr. Fergusson from time to time to protract his stay in Britain." Congress was recommending independence for America and by July 4, 1776 the Declaration of Independence was signed. Henry took Elizabeth's advice and remained in Europe until March 1777.

A letter identified as Henry Fergusson's handwriting was received by Benjamin Franklin on his arrival in Paris. The letter is believed to be dated December 21, 1776. Fergusson wrote to arrange a meeting with Franklin to "pay his respects" and "to make a few domestick (sic) enquires after Mrs. Fergusson and his friends in Pennsylvania."

In March 1777, Henry Hugh Fergusson "Embarked from Britain to Jamaica, where he remained a Month and from thence took Shipping from New York where he arrived the Eve proceeding the Sailing of Lord Howe's Fleet. He anxious to get Home to his Farm after so long an Absence, consulted some of his Friends in York which would be the most Eligible Method to Effect it; In Consequence of which they Advised him to go on Board the Fleet, which he did; He came by land from Brandywine. From whence he proposed Crossing over to his own house; But on Enquiry he found that was impracticable, He being rendered too Equivocal in his Political Character to pass through the Country with Safety."

Henry had accompanied Howe's troops to Brandywine and was present during the Battle of Brandywine but it is unknown whether he took an active part. Elizabeth did not know until September 25, 1777 that he was in the country That day she received a letter "Desiring (her) to meet him in Philadelphia; the next Day." The day they were to meet, the British entered Philadelphia and Elizabeth met Henry at Germantown for she "could not bear to see the British troops in Possession of the Capitol." For Elizabeth, their reunion was " damped and blasted by the mode of his return."

Elizabeth claimed that shortly after their arrival Henry requested to leave the troops to return home but Captain Macenzie, General Howe's Secretary, answered "Mr. Fergusson I am much Surpriz'd at your making such a Request and would by no means have you push it as it will by no means be granted."

Henry was dedicated to Great Britain. Prior to any known services with the British Army, he sent Elizabeth to deliver a letter from Reverend Jacob Duche to General Washington. The letter asked Washington to forgo the fight for independence. This letter would start the questioningof Elizabeth's loyalty.

On December 1, 1777 Henry was selected by Sir William Howe to be the Commissary of Prisoners for the British at Philadelphia. Prior to this, Joshua Loring was the only British Commissary of Prisoners and he was stationed in New York. Henry had told Elizabeth that "he had not a Regular Commission made out; Nor did he take the Oaths Customary on those Occasions."

Rumors of British mistreatment of the American prisoners was widespread. Henry took his new position seriously. Shortly after he was appointed, he went with Elias Boudinot to explore new areas of cooperation. Boudinot was Commissary of Prisoners for America. Fergusson informed him that it was the responsibility of each army to provide for their own prisoners.

Fergusson and Boudinot corresponded often. December 2,1777 Henry wrote and demanded a complete list of British prisoners and promised to send Boudinot a list of American prisoners. This information was essential to allow each army to provide provisions for their own prisoners. A month later Fergusson reminded Boudinot of the American prisoners distresses "for want of cloathing (sic)." He went on to say "I can only lament the miserable situation of these unfortunate people, and regret to see them so much neglected by those whose business it is to supply them with necessaries." Elizabeth later claimed that Henry was "induced from a principle of Humanity; to take the Office of Commissary as a temporary affair (the) Relief" of the American prisoners. Elizabeth would ask him "to Surrender himself up, (but) He pleaded Honor and Conscience."

The Confiscation Act of March 1778 gave Loyalists until April 21 to surrender. Failure to show before the Supreme Executive Council meant forfeit of all property, disinheritance for heirs, and, if captured, hanging. May 13, 1778 a Lancaster paper proscribed Henry of treason. His trial was scheduled for June 24, 1778. Elizabeth, knowing that Henry would not comply, wrote a petition to be presented the day of Henry's trial in an attempt to save her property. She tried to prove that Mr. Fergusson "was not an Inhabitant of America at any time after the Declaration of Independence, but as a subject of Britain." In October 1778 Henry's estate was "all Seized and Sold" except that which Elizabeth was allowed to retain.

June 1778 Henry left Philadelphia with Howe's troops. He was in New York for the rest of the year. In November, Sarah Barton, a friend of Elizabeth's, arrived in New York and wrote that she had met Henry on various occasions and that he was "extreamly (sic) esteemed, his prudent conduct and retire manner of life entitle him to your highest regard and affection; however unfortunate he may be thus separated from you...our conversation generally tends one way. He is greatly distress'd on your account." In the "inclement Season" of the 1779 Elizabeth went to visit Henry at the Stockton's home in Elizabethtown, New Jersey. Immediately following their meeting Henry sailed for Boston. This was the last time they saw each other. Since their marriage Henry had crossed the Atlantic Ocean six times and lived with Elizabeth little more that two years. Elizabeth, concerned for Henry, wrote that he "is now on Earth without Home or Habitation; so much has this Coming of the British done for Him."

The last direct contact they had was when Elizabeth answered Henry's request for money in 1784. After this, all contacts were through a second party, usually Elizabeth's nephew, James Young.

The last known letter by Henry was written on August 1786 to James Young. August 11 Henry had arrived in London from North England. He wrote of his concern for Mr. Young's reputation in Philadelphia. "Infamous falsehoods" had been circulating there. Henry offered to write Elizabeth "in support of Truth and a character most vilely traduced" but there existed an "unhappy state of matters" between Henry and Elizabeth which "put it out of his power to write her this occasion."

In this same letter Henry said, "I cannot but observe how hard your Aunt's Fate is to have those persons from whom she ought to draw her chief Comfort and happiness prove to her a source of Sorrow and Suffering from the Malevolence and infamy of others." It appears Henry was referring to the rumors of his having as affair. Thirteen years later in a letter to Benjamin Rush, Elizabeth expressed her concern for a Jane (McCall's) boast of her affair with Henry. Elizabeth had hoped to meet Mr. Fergusson's nephew to insist "that he should have the story from Jane's own Lips." She expressed her wish to write Henry but she could not bring herself to do so if he were "the Father of this adulterous Bastard." Henry is said to have written a reply to Elizabeth denying the affair and requesting her to join him in England.

Dr. James Rush, son of Benjamin Rush, later noted that Elizabeth was "a lady great in her day in Philadelphia, a sort of glittering gossip who bothered my father, on the subject of her husband being unfaithful." Elizabeth is a woman to be respected but much of our opinion of Henry Hugh has been colored by the consequences suffered by her from his involvement in the American Revolution. Both Elizabeth and Henry Hugh were devoted to their country during the Revolution and if the war had not started they may have been able to live a long and happy life together.

Henry Hugh was much more than a "traitor" and a "ne'er-do-well." He was able to gain respect in the community and willing to stand by his country during the Revolution. He was not passive, he took an active part in Horsham township as a director of Hatborough Union Library and as Justice of the Peace for Philadelphia. He also took as active part during the American Revolution as Commissary of Prisoners. If he had not been a loyalist or if the consequences of the war had been different, our opinion of Henry Hugh may have been a very different one.

This piece was written by Bonnie Thompson, Summer Intern at Graeme Park in 1984. Copies of her work complete with documenting footnotes are available in the History File drawer at the Site.