M. A. DE WOLFE HOWE presented the following paper:

MORE LETTERS OF WILLIAM VASSALL.

In the second volume of the Bowdoin and Temple Papers (Collections, 7th series, Vol. VI.) there are two letters (pp. 66, 105) to James Bowdoin from William Vassall, who had fled to England, interceding with the Governor to save his property from the effects of confiscation following the Revolutionary War. Three earlier letters from Vassall to Simeon Potter, the leading shipmaster of his time (1720–1806) in Bristol, Rhode Island, especially distinguished for commanding the Bristol boat which took part in the destruction of the Gaspee, have recently come to light. It is evident that Vassall was as greatly concerned for his Rhode Island as for his Massachusetts real estate. The letters are now in the possession of Mr. Nathaniel Greene Herreshoff, of Bristol, whose wife was descended from the sister of Simeon Potter, who married Mark Anthony D'Wolf, the first of his name in Rhode Island. By Mr. Herreshoff's permission the letters have been copied for the present purpose.

In substance and expression these letters have much in common with those which Vassall subsequently wrote to Governor Bowdoin. Their reference to his property in Massachusetts, and the fact that when the second letter was written Vassall knew that Potter had moved from Bristol to Swansey and was a member of the Massachusetts legislature, give sufficient reason for reporting them to this Society. It is worth noting that a copy of rhymes in Potter's handwriting preserved by a descendant of one of his sisters contains the couplet:

The man thats called a Tory,
To plague is all my glory,1

a sentiment which excites wonder at Vassall's choice of a correspondent. In the third letter it will be seen that Vassall, besides stating his case to Potter and many others, appealed to Moses Brown of Providence, who in return promised "his friendly assistance." It was Moses Brown's brother John who in 1781 had bought the Vassall farm in Bristol,2 so that

1 See "The History of Bristol, R. I.," by W. H. Munro, p. 175.
2 Ibid. p. 244.

the "friendly assistance" must have had its limitations. From John Brown the Vassall farm descended to the Herreshoff family, who still possess it.

WILLIAM VASSALL TO SIMEON POTTER.

CLAPHAM, near LONDON, April 10, 1784

DEAR SIR, I wrote you March 23 a State of my Case, and requested you would assist me in my endeavours to obtain the restitution of my Bristol farm which had been confiscated & sold. If said letter should miscarry, the following Account will inform you of Facts, and will demonstrate the cruel & unmerited treatment I have met with

I was born in Jamaica, which at the time of my birth was ever since has been, & now is subject to, & under the power & authority of the King of Great britain; therefore the King of Great britain is my liege Lord & I am his liege subject; and my natural Allegiance was due to him at my birth, & from my birth to this day, so that I was born, always have been, and now am a Real British Subject. I was removed at about 2 years of age from Jamaica to Philadelphia, and at about 4 years of age I was removed to Boston in Massachusetts State, where I was educated & where & in Rhode Island State I have lived between 50 & 60 years from choice, because I esteemed the Government & Inhabitants of Sd States: for I was not Engaged in business, and never got on [sic] farthing in Either of sd States, but I expended in s States, during my residence in them, near Fifty thousand pounds Sterling, Every farthing of which I received from my Estate in Jamaica: This clearely manifests my friendly disposition to said States. I never did anything unfriendly to Either of sd States, or to any one of the United States. I never gave, subscribed or promised a single farthing for raising Soldiers, or for or towards any hostile attempt, against the United States. I was neither an Addresser, Protester, or Associater. I was appointed a mandamus Counsellor, without my knowledge, & as soon as I knew it, I refused to accept, & was the First that refused. As soon as hostilities began between Great britain & the United States, I withdrew with my family from Boston, then in the possession of the King's Troops, to Nantucket. I staid some months at Nantucket, but fiuding all Intercourse between Jamaica & the United States was intirely cut off by the unhappy War, I removed, not from choice but from necessity, to Great britain, that I might have a communication with my Jamaica Estate, on which I depended intirely for to maintain my family. If I had removed from Nantucket to Jamaica, my Native place, and lived on my plantation, the sole property I had for the maintenance of my family, I should have removed to a place, as much

under the power of the King of Great britain as any part of the british dominion then was, or now is. The greatest part of my property lay in Jamaica, joind with Great britain, in open War against the united States, and I had a considerable property in Massachusetts & Rhode Island States, Confederated with the other American States in open War against Great britain. Being thus situated, I would ask every considerate impartial person, What I, an infirm man upwards of 60 years of age with a large family, could do? I owed natural Allegiance to the King of Great Britain, my liege Lord, and the greatest part of my property lay in Jamaica, absolutely under his power, & subject to his Authority, and I had a considerable property in Massachusetts & Rhode Island States, where I had lived between 50 & 60 years from choice, because those states were agreeable to me, & I had the highest regard & esteem for the Inhabitants, with whom I had lived happily so many years. Under these Circumstances, I greatly lamented the unhappy disastrous War between two powers, to which I bore the greatest good will, and for which I had the highest regard; and prudence, common Sense, Principle & Affection dictated to me, that the only rational and moral part I could act, was to remain Neuter, and to do nothing inimical or unfriendly to either power, which I have religiously Endeavoured to observe. If I have ever deviated from a Neutrality, it has been in favour of the United States, by Refusing to accept the mandamus Counsellorship, Withdrawing from the King's Troops, & putting myself under the protection of the United States.

Yesterday I saw, in the Public Advertiser, a Proclamation issued by Congress, dated Janu' 14, 1784, Ratifying & confirming the Definitive Treaty in every part & Clause, Requiring & Enjoining all Bodies of Magistracy, Legislative, Executive and Judiciary to conform to it, and to carry it into Execution in Every clause & sentiment: and by an unanimous resolve They earnestly recommand to the several Legislatures, to provide for the restitution of all the Estates Rights & Properties, which have been confiscated, belonging to Real british Subjects. I presume the several Legislatures will, from a sense of Justice & for their own honour, Fulfil and Carry into Execution the definitive Treaty, and will, agreeably to the 5. article restore my Estate, to me, for I am a Real british Subject as I was born in Jamaica, as is before related. If they do not, I shall be in a much worse situation, than I should be, if I had Accepted the mandamus Counsellorship, & had taken an Active part against the United States; for If I had, I should receive a compensation from the British Government, whereas now I shall not receive any.

I was neither a freeman, nor an Inhabitant of Rhode Island State, but having a pleasant Farm at Bristol in sd State, I occasionally went to it, and staid a longer, or shorter time, as suited my Convenience :

But Boston, in Massachusetts State was the place of my settled abode; where I was taxed for my Poll, and personal Estate & Faculty: And before I left America I Let my sd Farm at Bristol, to Mess. J. Waldron & J. Cushing on shares, That all the business I had in Rhode Island state, was to receive my share of the Income of sd Farm, as P Agreement, in lieu of Rent: Therefore I owed no personal Services to Rhode Island State, but s Mess. Waldron & Cushing were accountable to s State, as they improved the Farm, for all Taxes & for all personal services for or on acct of my s Farm.

Rhode Island State, in confiscating and selling Bristol Farm, has Condemned and Treated me as a Criminal, tho' I have not Committed the least Crime against, nor have violated in any respect Any one of the Laws of said State, as clearly appears by the foregoing State of my Case. Rhode Island State, in Confiscating & Selling my s farm, has not punished me, because it is impossible there should be any punishment, where there is no Crime: for punishment is nothing else but the Effect or Consequence of the violation of a penal Law: But said State has wrongfully taken my property from me by the Iron hand of power, I find by woful Experience and to my great Loss, that there may be power where there is no right, and that power may be arbitrarily exerted, without the least shadow of reason or justice, to take from an innocent person his Estate and property, and to deprive him of His personal Rights. I sincerely wish, Dear Sir, you may never meet with the same cruel & unmerited treatment as I have met with, in having my person proscribed and my property sequestered by Massachusetts State & in having my property seized, confiscated & sold by Rhode Island State, without my having committed the least Offence against, or having violated in any one instance any of the Laws of Either of said States. It is extremely grating to a man of a liberal mind, conscious to himself of his own innocence & integrity, to be obliged to Solicit & petition for, as if it was for a favour, the Restitution of his own rightful property, which has been forcibly wrasted from him by a mere Act of arbitrary power. Place yourself in my situation, and Certainly you will feel the Truth and force of this Observation.

I say as St. Paul said on his Trial before Festus, Acts 25, Ch. 8, 10 & 11 Verses, mutatis mutandis, where our Cases differ, Neither against the Laws nor the Government of Rhode Island, or any of the United States have I offended anything at all. To Rhode Island State or Any of the United States have I done no Wrong: For if I be an offender or have committed anything worthy of Proscription & Confiscation of my property, I refuse not Proscription & Confiscation of my property but if I have done nothing worthy of Proscription & Confiscation of my property, It is impossible that any Assembly of Men or Government on

Earth should have a Right (by sorrowful experience I know they may have a power tho' they have no Right) to proscribe my person and to Confiscate my property by arbitrary ex post facto Laws. Truth & Justice are Eternal and immutable; They cannot be changed or altered in the least by the Sophistry, Assertions or Laws of fallible Men.

A Gentleman of your Understanding, Sense of justice and liberal way of thinking, must See the absurdity & cruel Injustice of all ex post facto Laws, made to punish, or more properly to injure, for Actions done before the existence of such Laws, and which have not been declared Crimes by any preceding Laws, and must detest them as unjust, oppressive and inconsistent with the fundamental Principles of a free State; as it is justly expressed in the declaration of Rights by Massachusetts, Delaware, Maryland & North Carolina States, Cited on the Other Side. I am fully persuaded, that you will cheerfully assist an Injured and Innocent person in his Endeavour to obtain Relief and on this persuasion, I take the liberty to solicit your friendly Aid. I have wrote to D' William Bradford & William Ellery, Esq' and requested their friendly assistance. If you will converse with them, probably you and they may think of some measures, which may procure me relief and may Enable me to Obtain the restitution of my Confiscated property. I shall esteem it a favour, if you will write me your opinion as to the measures I had best pursue, and whether you think it is probable that I shall by any means recover my property or not. Your friendly advice & assistance in this affair will be of Essential service to me. Mrs. Vassall & family unite in best regards to you and Mrs. Potter, and I remain with great esteem

Dear sir your most Obed hum Serv

WILLIAM VASSALL.

Massachusetts declaration of Rights, Article 24.

Laws, made to punish for action done before the existence of such Laws, and which have not been declared Crimes by any preceding Laws, are unjust, oppressive, and inconsistent with the fundamental principles of a Free State.

Delaware declaration of Rights, Article 11.

Retrospective laws for punishing Offences committed before the existence of such Laws, are oppressive, Unjust, and ought not to be made.

Maryland declaration of Rights, Article 15.

Retrospective laws, punishing Facts committed before the Existence of such Laws, and by them only declared Criminal, are oppressive, Unjust and incompatible with liberty, Wherefore no ex post facto law ought to be made.