No. 3. To the Honorable the Senate and the Honorable House of Representatives of the Commonwealth of Massachusetts in General Court assembled, on the 22d day of October, 1785. The memorial of John Rowe, Samuel Austin, Samuel Partridge, and Samuel Dashwood, humbly shews That, when in the year 1775, the town of Boston was made a garrison by the army of the King of Great Britain, they were respectively possessed of a very great quantity of merchandize which was in their stores and shops within the town, that there being at the time or before the 17th day of March, 1776, the day when the said garrison was withdrawn, no declaration of the independence of the United States of America, all the people within as well as without the town were confessedly the subjects of the King of Great Britain, and those who necessarily remained with their property under the control, were also under the protection of the British army, and according to either the municipal laws of England and the country, or the laws by which nations at war at all times govern themselves, had a right to expect the complete protection of their persons and property from the army then within the town. The want of health, which the said Rowe then labored under, rendered it necessary that he should remove himself to some place where he could have enjoyed more tranquillity and a better air; but his removal was expressly prohibited by the commander-in-chief, as was that also of the said Samuel Dashwood. The said Samuel Austin was, during the time aforesaid, employed as a selectman of the town, and the said Samuel Partridge as an overseer of the poor, their presence in their offices were no less necessary to the comfort and relief of their fellow citizens, than to the government of the town, and their employment and attention at the request of the commander, and the supplications of the people, were arduous and unremitted. In this situation all your memorialists continued until General Howe withdrew himself from Boston. On the 10th day of March, 1776, General Howe issued his proclamation directing the people to deliver their goods on board the ship Minerva to Crean Brush, as appears by paper numbered one herewith presented. On the same day the General issued his other orders, directed to Crean Brush, authorizing and requiring him to take into his possession, all such goods as if in the possession of the American army would enable them to carry on the war, as will appear by paper number two, in consequence whereof the said Crean Brush took into his possession and carried away from the said John Rowe goods to the amount in value of two thousand two hundred and sixtysix pounds one shilling, as appears by papers numbered three and four, the originals whereof remain in the office of the Secretary of the Commonwealth, and also took and carried away from the said Samuel Austin merchandize to the amount in value of three thousand six hundred and forty-six pounds seven shillings and ten pence as appears by his account duly attested and numbered 7, 8, 9, 10 and 11; and goods of the said Partridge to the value of five hundred and thirty-six pounds sixteen shillings and a penny two farthings sterling money, as will appear by the papers, No. 12, 13 13 and 14; and from the said Samuel Dashwood merchandize to the value of four thousand, eight hundred and twenty-three pounds ten shillings, as will appear VOL. IV.-54 from papers numbered 15, 16, 17 and 18; the legal interest upon which sums has amounted to the several sums calculated and expressed at the foot of the accounts, which the memorialists have herewith separately presented. Your petitioners feeling themselves exceedingly oppressed by the loss of their property, and knowing the same to be taken by order of the government which the town was then under, had strong hopes of regaining the value of their goods upon the commencement of a peace between the two countries, and therefore, soon after the late treaty, employed an agent to prosecute the matter; but on his arrival in England he found General Howe indemnified by an act of the Parliament of Great Britain, from any action that might be brought against him, or any one acting under him in the measure aforesaid, a copy whereof is herewith presented, and numbered 19, and the last section therein is above referred to. The agent of your memorialist made application to the honorable Mr. Adams, Minister of the United States at the Court of London; but he having no instruction from Congress upon the matter, could afford him no assistance. Your memorialists do humbly conceive that as their property was taken by order of the British government, while they were under the control, and consequently, under the protection of the army of that government, and taken as they can make appear with a professed intention as well for the benefit of the British merchants, to whom your memorialists stood indebted as for the use of the army of the King of Great Britain, that the value thereof is clearly due to them within the spirit and meaning of the 4th article of the treaty of peace, and that there ought to be no legal impediment to their recovering the same, nevertheless the above mentioned act of Parliament, forbids their having a legal demand against Sir William Howe for the same by means whereof they have now, no redress, but by applying upon national principles to the Government, to which they owe allegiance. And do therefore pray your honors to grant them relief, by requesting the United States in Congress assembled to instruct their Minister at the Court of London to demand of the government there, an equivalent for the property taken, and also, by passing an act that no suit should be maintained against either of your memorialists for any money due from them respectively to any of the subjects of the King of Great Britain, until such equivalent is insured, or the act of indemnity aforesaid is repealed. As your memorialists, as citizens of this Commonwealth, have to look to your honors alone for assistance upon all matters of national right and justice, they can have no reason to doubt of your attention to their memorial, and rest satisfied that as the honor and interests of the United States stand sacredly pledged to assist each individual, where the wrongs committed by a foreign power cannot be redressed by the municipal laws of the country, they shall have the wisdom not only of this Legislature; but that of the United States in Congress assembled, to obtain them a recompence for the injury they have sustained. JOHN ROWE, SAMUEL AUSTIN, SAMUEL DASHWOOD. A true Copy, JOHN AVERY, Jr. Secretary. Attest: No. 4. An authenticated copy of a letter from Dr. Morris to Dr. Bulfinch, December 19, 1785. No. 5. Dr. Bulfinch's account. No. 6, 7, and 8. Affidavits of P. Roberts, Charles Joy, and John Hoffains for Dr. Bulfinch. No. 9. John Rowe's account. No. 10. Philip Jarvis' deposition for John Rowe. No. 12. Affidavits of Timy. Newell, and Samuel Sloan for Mr. Austin. No. 13. Samuel Partridge's account. No. 14, 15. Affidavits of Lydia Brown, E. Ivers and Ann Wheeler in favor of Samuel Par tridge. No. 16. Samuel Dashwood's invoice of goods and his testimony. No. 17, 18. Depositions of Eliza Ivers, Ann Wheeler and Isabella Welsh for Samuel Dashwood. No. 19, 20. General Howe's order to Crean Brush and Brush's examination. No. 21. General Howe's proclamation of 10th March, 1776. A printed act of parliament passed 26th November, 1774. FROM JOHN ADAMS TO JOHN JAY. Grosvenor Square, Westminster, Nov. 4, 1785. Dear Sir, Yesterday at the Minister's levee, one of the foreign Ministers put into my hands a Leyden gazette, in which I found announced to the public, an arrêt of the King of |