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Subject Area: Political Theory
Topic: The American Revolution and Constitution

PROCLAMATION CONCERNING PAROLES 1 - Thomas Jefferson, The Works, vol. 3 (Notes on Virginia I, Correspondence 1780-1782) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 3.

Part of: The Works of Thomas Jefferson, 12 vols.

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PROCLAMATION CONCERNING PAROLES1

By His Excellency, Thomas Jefferson, Esqr., Governor of the Commonwealth of Virginia

A Proclamation

Whereas during the incursions which have been made into this and other of the United States, by the forces of his Britannic Majesty, a practice hath been introduced by them, unauthorized by the law of Nations, and attempted in any age, or by any other enemy, of seizing peaceable citizens while in their beds or employed in domestic occupations, and extorting from them paroles that they will not, on pain of life and fortune, be aiding or assisting in any respect to the enemies of Great Britain; which paroles such citizens have given sometimes through ignorance and other times with wicked design, while they enjoy all the benefits of Government to shift from themselves their just share of its burthens, and it is even believed that instances have not been wanting where they have voluntarily gone in to the Enemy and tendered such paroles; and the Laws of this Commonwealth not permitting any Citizen thereof taken under such circumstances, or otherwise than when in arms by order, of a proper officer, to enter into engagements with the public enemy which may withdraw from his country those duties he owes to it. To the end, therefore, that none may be induced to the like act hereafter, through ignorance of the Law either real or pretended, apprised of their nullity at the time of giving or taking such paroles or engagements, I have thought fit, with the advice of the Council of State, to issue this my Proclamation, hereby declaring and making known, That Citizens taken or yielding themselves in the manner before described are incapable by law of contracting engagements which may cancel or supercede the duties they owe to their Country while remaining in it, and that notwithstanding such paroles or engagements, they will be held to the performance of every service required by the laws in like manner as if no such parole or engagement had been entered into.

And whereas some Citizens who have already entered into such engagements, may expect to withhold their duties under pretence of being bound in conscience, notwithstanding their legal disabilities to contract them, and it is inconsistent with the spirit of our Laws and Constitution to force tender consciences; I do, therefore farther publish and declare, That all Citizens taken or yielding themselves in the manner before described, who conceive themselves under such conscientious obligation to refuse obedience to the Laws of their Country, are hereby authorized and required, taking passports as hereafter provided, forthwith to repair to some of the posts, encampments or vessels of the forces of his Brittannic Majesty, and by surrender of their persons, to cancel such their engagements, and thereafter to do, as to themselves and those in whose power they shall be, shall seem good, save only that they shall not rejoin this Commonwealth but in a state of perfect emancipation from its enemies, and of freedom to act as becomes good and zealous Citizens, and saving also their fidelity to the Commonwealth. And all Officers Commanding Forces either of this State or of the United States, who shall be nearest in their position to the said posts, encampments or vessels of the enemy, are hereby authorized and required, paying necessary attention to times, situations and circumstances, to grant passports to all such Citizens for the purposes beforementioned.

Given under my hand, and the seal of the Commonwealth, at Richmond, this nineteenth day of January, in the year of our Lord One thousand seven hundred and eighty one, and of the Commonwealth the Fifth.

[1 ]From Calendar of Virginia State Papers, i., 445.