No part of my estate, real or personal, has been confiscated by any special act made expressly for that purpose No issue has been tried by a jury respecting me, consequently no jury have by their verdict found that I had offended in the manner described in sa Act of April, 1779. No court has made up judgment against any part of my estate, as having been confiscated to the State, or ever has issued a writ of habere facias possessionem in behalf of the government & people to cause them to be seissed or possessed of any part of my estate. All these particulars sd Act of April, 1779, expressly declares shall be done and makes necessary to be done before any person can be convicted by force of sd Act to have offended in manner therein described, & for which offence his estate shall be confiscated to the State, and before any court can make up judgment and issue a writ of facias habere possessionem to cause the government & people to be seissed and possessed of any part of my estate. estate. No No part of my estate was confiscated by s Resolve of June 19, 1780, because sa Resolve expressly declares that nothing therein contained shall be construed to express the sense of government respecting the forfeiture of the estates of absentees. For proof of all the above facts I appeal to all the Acts relating to confiscation made before Nov. 10, 1784, the Resolves of the Gen' Court respecting the estates of absentees, and the Records of the Courts.

By the foregoing it is self evident, that no part of my estate, real or personal, had been confiscated before Nov. 10, 1784, either by a special Act made expressly for that purpose, or by the sd Resolve of June 19, 1780, or by the verdict of a jury on sd Act of April, 1779; that no court had made up judgment against any part of my estate, or had issued a writ of habere facias possessionem in behalf of the government & people to cause them to be seissed and possessed of any part of my estate. Notwithstanding these truths, & that the 6 Article of the Definitive Treaty

solemnly ratified by Congress January 14, 1784, expressly stipulates, that there be no further confiscations made, and that no person shall, for or on account of the part he may have taken in the present war, suffer any future loss or damage in his person, liberty, or property, the Gen' Court by an Act of Novem. 10, 1784, enacted that the estates of the persons meant, intended, or described in the Confiscation Act of April, 1779, which estates have been mortgaged by order of government, shall be considered as having been confiscated, saving the right of redemption in the legal claimers on paying & discharging the mortgage according to the true meaning & spirit of the same. Now the Confiscation Act of April, 1779, is a gen' act and does not confiscate the estate of any particular absentee by name, but expressly enacts that in order to determine who had offended in manner therein described, & that the person accused of having so offended might have his property defended in the best manner his situation would admit of, that the issue should be tried by a jury in the known & ordinary course of law, and if such jury by their verdict should find the same estate or any part thereof forfeited, then the court should proceed to judgment & issue a writ of habere facias possessionem in behalf of the government & people, to cause them to be seissed & possessed of the same, so that by this their own Act and law the person accused of having offended in manner therein described, & for which offence his estate is demanded as forfeited, has been tried by a jury, & such jury have by their verdict found that he had of fended in manner described in sd Act, & for such offence his estate or some part of it is forfeited to the State, and the court has made up judgment & issued a writ of habere facias possessionem in behalf of the government & people, to cause them to be seissed & possessed of the same, sd accused person stands innocent in law, & cannot be held or deemed to be one of the persons meant, in

tended, or described in sa Act of April, 1779, and the State, by this their own Act of April, 1779, has no more right to any part of his estate than the Grand Turk has: of consequence as no issue has been tried by any jury and no jury have by their verdict found that I had offended in the manner described in sa Act of April, 1779, and that for such offence any part of my estate was confiscated to the State, and no court has made up judgment and issued a writ of habere facias possessionem in behalf of the government & people, to cause them to be seissed and possessed of any part of my estate, I stand free and innocent in law, and cannot be held and deemed to be one of the persons meant, intended, or described in sd Act of April, 1779, and no part of my estate has been confiscated by force of sd Act. Now as no part of my estate had been confiscated before Novem. 10, 1784, the enacting by sd Act of Novem. 10, 1784, that my estate which had been mortgaged by s Committee by order of government, that is, by force of sd Resolve of June 19, 1780, shall be considered as having been confiscated, saving only the right of redemption upon paying & discharging the mortgage, is a glaring and most shameful violation of truth, & a new confiscation (quoad the amount of the mortgage) made by same Act in direct contravention of the 6 Article of the Definitive Treaty. I told these facts to his Excellency John Adams, Esq', and showed him sd Act of Novem. 10, 1784. To which he replied that he was sorry for it. Mr Hayley is now in possession of my house in Boston by force of sd Committee's mortgage and asks a large sum for the redemption. I would make one observation; viz., That if I should bring a writ of ejectment for possession of my house, Mr Hayley, the mortgagee, is directed by s Act of Novem. 10, 1784, to plead the gen' issue and to give the Act in evidence, and the jury on their oaths must find, and the court on their oaths must adjudge, that my house had

been confiscated quoad the amount of the mortgage, tho' they at the same time knew that it had never been confiscated in toto, or in parte, that is, the jury must find, and the court must adjudge, that a thing had been done which they knew never had been done, or they must pay no regard to s Act & look upon it as a mere nullity, an awkward dilemma.

I have been obliged to trouble your Excellency with a long detail of particulars to give a comprehensive and clear view of my case, by which I flatter myself that your Excellency will be convinced that I am greatly oppressd and ought to be relieved. Depending on your Excellency's benevolence, liberality of sentiment & sacred regard for justice, I take the liberty to request that your Excellency will be pleased to converse with my attorney Dr James Lloyd, & give him your friendly opinion, whether it is probable, or not, if I should exhibit a Memorial to the Gen' Court respecting så mortgage praying for relief, that I should succeed, and if you should think it is probable, that your Excellency will be so kind as to advise him. how to proceed. The money arising from the sale of my household furniture, amounting to about £600 lawful money, is now in the hands of Oliver Wendell, Esq. If your Excellency will advise Dr Lloyd how to proceed in his application to the Gen' Court, and will be so kind as to support his application, I believe the Gen' Court will order Oliver Wendell, Esq., to pay sd money to Dr Lloyd, as it has never been appropriated by the Gen1 Court. Though what I am soliciting for I have undoubtedly a most just right & claim to, I apprehend I shall never obtain without the assistance & support of gentlemen of great weight and influence in the Gen1 Court.

Dr Lloyd has wrote to me respecting my Kennebeck lands, as your Excellency is a great proprietor in sa lands, and knows the true state of the Company better than any other person, it will be doing me a great favour

if your Excellency will advise him as to the measures that will be most for my interest.

When any person feels himself aggrieved and greatly oppressed, it is natural for him to seek relief, and in order to succeed to solicit the assistance of those who from their rank & reputation can, and from their benevolence are disposed to befriend them; and it is probable, that when an innocent person has been oppressed by an act of a Republic, and solicits that same Republic for relief, he will not succeed, however righteous & just his cause may be, unless he is supported by gentlemen of the highest estimation in the state for their understanding and virtue. This being my real situation, I must entreat your Excellency to accept it as an apology, & hope it will induce your Excellency to excuse my freedom in troubling you with so tedious a detail of my private affairs. I am, with every sentiment of esteem and respect,

Your Excellency's most obed & hum servt.
WILLIAM VASSALL.

CLAPHAM COMMON, August 19, 1785.

I forgot in the foregoing to mention to your Excellency that the Commissioners for examining the claims of American Loyalists rigidly exact that every claimer for compensation shall give clear and full proof of his having taken an active & decided part in fav of Great Britain against the United States, and as I knew I had always been a sincere friend to them, therefore could not give any such proof, I have not exhibited a claim to government for compensation, and am the only one that I know of who has not, and I am precluded from receiving any compensation from the British Government for my losses, solely because I was a friend to the United States and would not act against them, and unless I am relieved by Massachusetts State I shall be a great sufferer, whereas those who took an active part against them will