e
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,

I have got through the bill 'for proportioning crimes and punishments in
cases heretofore capital,' and now enclose it to you with a request that
you will be so good, as scrupulously to examine and correct it, that it
may be presented to our committee, with as few defects as possible.
In its style, I have aimed at accuracy, brevity, and simplicity,
preserving, however, the very words of the established law, wherever
their meaning had been sanctioned by judicial decisions, or rendered
technical by usage. The same matter, if couched in the modern statutory
language, with all its tautologies, redundancies, and circumlocutions,
would have spread itself over many pages, and been unintelligible to
those whom it most concerns. Indeed, I wished to exhibit a sample of
reformation in the barbarous style, into which modern statutes have
degenerated from their ancient simplicity. And I must pray you to be as
watchful over what I have no