Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
The proclamation issued by General Gage, in the government of the
Province of the Massachusetts Bay, declaring it treason for the
inhabitants of that province to assemble themselves to consider of
their grievances, and form associations for their common conduct on the
occasion, and requiring the civil magistrates and officers to apprehend
all such persons, to be tried for their supposed offences, is the most
alarming process that ever appeared in a British government; that the
said General Gage hath, thereby, assumed, and taken upon himself, powers
denied by the constitution to our legal sovereign; that he, not having
condescended to disclose by what authority he exercises such extensive
and unheard-of powers, we are at a loss to determine, whether he
intends to justify himself as the representative of the King, or as the
Commander in Chief of his Majesty’s forces in America. If he considers
himself as acting in the character of his Majesty’s representative, we
would remind him that the statute 25 Edward the Third has expressed
and defined all treasonable offences, and that the legislature of Great
Britain hath declared, that no offence shall be construed to be treason,
but such as is pointed out by that statute, and that this was done
to take out of the hands of tyrannical Kings, and of weak and wicked
Ministers, that deadly weapon, which constructive treason had furnished
them with, and which had drawn the blood of the best and honestest men
in the kingdom; and that the King of Great Britain hath no right by
his proclamation to subject his people to imprisonment, pains, and
penalties.
That if the said General Gage conceives he is empowered to act in this
manner, as the Commander in Chief of his Majesty’s forces in America,
this odious and illegal proclamation must be considered as a plain and
full declaration, that this despotic Viceroy will be bound by no law,
nor regard the constitutional rights of his Majesty’s subjects, whenever
they interfere with the plan he has formed for oppressing the good
people of the Massachusetts Bay; and, therefore, that the executing, or
attempting to execute, such proclamation, will justify resistance and
reprisal.
[NOTE E.]--Monticello, November 1, 1778.--[Re: Crimes and Punishment]
Dear Sir,
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