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the law of the land. And the legislature fhall not make 1783. any law, that fhall fubject any perfon to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury" 4. Because it furnishes a precedent of a tendency, most dangerous and fatal to the fecurity of the lives, liberties and property of the fubjects of this commonwealth." The proteft was fubfcribed by William Phillips, Nathaniel Appleton, Caleb Davis, Thomas Dawes, all of the Boston board; by Thomas Clarke, James Swan, Solomon Lovell, Ebenezer Warren, John Choate, Nathan Dane, Bailey Bartlett, James Bancroft, John Burke, Samuel Loring, James Perry, John H. Bartlet, Peter Penniman, Jacob Ludwig, Theodore Sedgwick, William King, Thompson J. Skinner, John Bacon, William Bodman, Timothy Childs, and Nathaniel Wyman.

When the recommendation from congrefs of last 1784 January the 14th, was received, various methods were practifed to prevent the good effects of it. It was roundly afferted by fome of the popular leaders, that Mr. John Adams did not wifh that the fame fhould be regarded. To counteract fuch reports, Mr. Adams's letter of September the Toth (page 350) was communicated to certain gentlemen of the fenate and house, who copied the fame themselves, the more fully to defeat fuch affertions. But even Mr. J. Adams's express declaration in favor of the tories could not influence the general court to the exercife of a becoming moderation. As to Mr. Marbois' letter (p. 333) he has privately pronounced it to be official; which he afferts exempts him from all obligation to acknowledge it: this accounts VOL. IV.

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1784 for his having difowned it to a certain gentleman who has made a confpicuous figure in congrefs.

1781.

The peace has afforded me the opportunity of gaining further information as to certain particulars relating to the war, which it may be proper to mention.

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When lieutenant colonel Tarleton approached Charlotte-ville, he dispatched a troop of horse under captain McLeod, three miles further to Mr. Jefferfon's house, with the double object of taking him and the two speakers of the fenate and delegates, prifoners; and of remaining there in vidette, as the house had a commanding view of half a score counties round about. Tarleton gave strict orders to the captain to fuffer nothing to be injured. The troop failed in their defign of making prifoners: notwithstanding which, M'Leod preferved every thing with facred care during his tarriance there of about eighteen hours. Colonel Tarleton was just as long at Charlotte-ville; when he was hurried from thence by the news of the rifing of the militia, and by a fudden fall of rain which threatened to fwell the river, and intercept his return. In general he did little injury to the inhabitants on that short and hafty excurfion, which was about 60 miles from the main army, then in Spotfylvania. Lord Cornwallis afterward proceeded to the Point of Fork, and encamped his army from thence all along the main James river to a feat of Mr. Jefferfon's, called Elkhill; and made it his head quarters for the ten days of his `remaining in that pofition. Mr. Jefferfon happily had time to remove most of his effects out of the house. His stocks of cattle, fheep and hogs, together with what corn was wanted, were used for the fuftenance *Now the American plenipotentiary at the court of Versailles.

of the army; and all his horfes, capable of fervice, were 1781. carried off. This was no other than Mr. Jefferson expected. But the throats of the horses too young for fervice were cut; his growing crops of corn and tobacco were burned, together with his barns, containing the fame articles of the preceding year, and all the fences on the plantation, fo as to leave it an abfolute wafte. Thefe things were perpetrated under lord Cornwallis's eye; the fituation of the house, in which he was, commanding a view of every part of the plantation. The reft of the neighbourhood was treated in fomewhat the fame stile; but not with that fpirit of total extermination which feemed to rage over Jefferfon's poffeffions. Wherever the army under his lordship went, the dwelling houfes were plundered of every thing which could be carried off. Hundreds of eye witneffes can prove, that his lordship's table was served with plate thus pillaged from private houses; though his lordship's character in Great Britain will forbid the belief of his fharing in the plunder. By an estimate made at the time, on the best information that could be collected, the state of Virginia loft, during Cornwallis's attempts to reduce it, 30,000 flaves; about 27,000 of whom died of the small-pox and camp fever: the rest are thought to have been partly fent to the West Indies, and partly to New York, and from thence, before the evacuation, to Nova Scotia and elsewhere. The whole devaftations occafioned by the British army, during the fix months previous to their furrender at York Town, are fuppofed to amount to about three millions fterling.

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1783-Society of Friends, to endure as long as they shall endure, or any of their eldest male pofterity; and in failure thereof, the collateral branches, who may be judged worthy of be-. coming its fupporters and members. The officers of the American army, having generally been taken from the citizens of America, poffefs high veneration for the cha-. racter of that illuftrious Roman, Lucius Quintus Cincinnatus, and being refolved to follow his example, by returning to their citizenship, they think they may with propriety denominate themselves The Society of the Cincinnati. The following principles fhall be immutablean inceffant attention to preserve inviolate the exalted rights and liberties of human nature for which they have fought and bled-and an unalterable determination to promote and cherish between the respective states union and national honor; to render permanent, cordial affection, and the spirit of brotherly kindness among the officers; and to extend acts of beneficence toward those officers and their families, who may unfortunately be under the neceffity of receiving it. The general fociety. will, for the fake of frequent communications, be divided into state societies, and those again into fuch dif tricts as fhall be directed by the ftate focieties. The state focieties fhali meet on the fourth of July annually, and the general fociety on the first Monday in May annually, fo long as they fhall deem it neceffary, and afterward at leaft once in every three years. The state. focieties are to have a president, vice-prefident, fecretary, treasurer, and assistant-treasurer. The meeting of the. general fociety fhall confift of its officers, and a reprefentation from each state fociety, in number not exceeding five, whofe expences shall be borne by their refpec,

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tive state societies. In the general meeting, the prefi- 1783. dent, vice-president, fecretary, affistant-secretary, treafurer, and affistant-treasurers-general, fhall be chofen to ferve until the next meeting. Those officers who are foreigners, are to be confidered as members in the focieties of any of the ftates in which they may happen to be. As there are and will at all times be men in the respective states eminent for their abilities and patriotism, whose views may be directed to the fame laudable objects with thofe of the Cincinnati, it fhall be a rule to admit fuch characters, as honorary members of the fociety for their own lives only: provided that the number of the honorary members does not exceed a ratio of one to four of the officers and their defcendants. The fociety fhall have an order by which its members fhall be known and distinguished, which shall be a medal of gold, of a proper fize to receive the proposed emblems, and to be suspended by a deep blue ribbon, two inches wide, edged with white, defcriptive of the union of America and France."

The fociety at the faid meeting directed, that the prefident-general should tranfmit, as foon as might be, to each of the following characters, a medal containing the order of the fociety, viz. the chevalier de la Lu zerne, the Sieur Gerard, the count d'Estaing, the count de Graffe, the count de Barras, the chevalier d'Eftouches, the count de Rochambeau, and the generals and colonels in the army; and should acquaint them, that "the fociety do themselves the honor to confider them as members," They alfo refolved, that the members of the feveral state societies should assemble as foon as may be for the choice of their officers; "that general Heath,

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