The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of 4th. November last from his Excellency the Governor of Massachusetts to the Delegates of that Commonwealth in Congress—

Reports

That this Letter states in Substance—that divers Effects had by Orders of the british Commanders in Chief been taken from the Inhabitants, not as the Property of Enemies, but of Persons under their Protection, under the Idea that the former Ownership continued, and the greater Part of which was expressly engaged to be restored by those Commanders.—

That the latter Clause in a british Act of Parliament passed the 29th. November 1774 creates legal Impediments to those Owners recovering in due Course of Law the Value of their Effects so taken.—

That considering the peculiar Circumstances of this Subject, the Spirit and real Intention of that Clause, the Times and general Purposes that produced it, the Legislature is induced to believe that if Congress would instruct their Minister at the Court of London to move this Subject, properly digested, to that Court, the Governments of that Nation would so far reconsider their former Doings on it, as to remove those Impediments, or make some other Provision, whereby Right and Justice shall be done to the Parties and Individuals more immediately concerned.—

If Congress make any Application to the british Court on this Subject it can only be either for Justice or for Favor —the latter will doubtless be out of Question.—

If for Justice, two Questions arise, first whether their application can be supported on that Ground, and secondly whether it will probably be successful if it can be so Supported.

The Clause recites that “Whereas before the passing of this Act divers Persons, Vessels, Cargoes and other Effects may have been seized, detained, damaged, or destroyed, in Pursuance of Orders, Regulations, Restrictions and Limitations, heretofore issued and established by the Commanders in Chief of his Majesty’s Forces in North America, or by Persons acting under their Authority for the public Service. & for suppressing the Rebellion in North America.—

It then enacts “that all such Acts, Matters & Things shall be deemed and are hereby declared to be legal, to all Intents and Purposes whatever: And that all Actions &c: for or by Reason of any Act, Matter or Thing advised, commanded, appointed or done, with Respect to such Orders and Regulations by the said Commanders in Chief or by any Person acting under their Authority shall be discharged and made void.—”

May it not be questioned whether this Act can be construed to invalidate the Engagements or Promises of the Commanders to make Restoration?—or in other Words, can Effects taken under such Engagements be considered as coming within the View and Provision of the Statute which from the Nature of it must be construed strictly?—

If the Court and their Judges should adopt this Idea, the Matter will naturally remain as it now is, and the Application would produce nothing except perhaps an Opinion that it was premature.—

If on the other Hand they should consider all these Cases as within the Act, might they not answer that all military Violences and Injuries on both Sides were done away by the Peace, and that as these Cases were not provided for in it, they must remain as they ^then^ were?—

May they not also answer, that we pass Laws in some of the States impeding british Creditors from recovering their Debts as stipulated by the Peace; and that in another we pass Laws authorizing Actions at Law for Damages done during the War by military Order: And that while such Acts continue, such Applications should be postponed.—

Admit that Justice demands of them to remove the Impediments in Question, is it probable that they would do it.—

A Judgement of the Temper of the Nation in general, and of their Parliament in particular, may be formed from Mr. Adams Letters—And they, in the Opinion of your Secretary, represent it in a Point of View so unfavorable, as to promise no Success to such an Application, many of their Officers might be deeply affected by the Loss of that Indemnity, which they now hold on the Faith of Government and it is not likely that they will open their Treasury, and compensate the Sufferers in Question out of it, when so many Refugees, for whom they are bound to provide, are daily importuning them for Money.—

For these and a Variety of Reasons, your Secretary thinks it not probable that such an Application would be successful; and he also thinks that Congress should never demand or ask for even Justice, while they have great Reason to apprehend a Refusal, unless in Cases where they may be able and determined to compel a Compliance by Force or Retaliation.—

If a Period should arrive when both Countries shall be disposed to do away whatever may be mutually offensive or disagreeable, it is not improbable that in the moment of that good Humour, they might do something for the Sufferers under Consideration—but that Period is not yet arrived.—

Upon the whole Matter your Secretary is of Opinion, that Copies of these Papers should be transmitted to Mr. Adams; that he be instructed to sound the british Minister on the Subject, but not to bring forward any formal Demand or Representation on the Subject, unless from preceding Circumstances, he shall be induced to think, that it would have a favorable Issue; it being the Intention of Congress to refer the Time and Manner of doing it to his Prudence and Discretion.—

All which is submitted to the Wisdom of Congress—