report on upshur 2 - Thomas Jefferson, The Works, vol. 2 (1771-1779) [1905]
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The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 2.
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report on upshur
In the House of Delegates, Thursday, Nov. 28, 1776.
Mr. Jefferson, from the Committee of Privileges and Elections, reported that the committee had, according to order, had under their consideration the petition of Arthur Upshur, to them referred, and had agreed to the following report and resolution thereupon; which he read in his place, and afterwards delivered in at the clerk’s table, where the same were again twice read, and agreed to. Your committee find that the said Arthur Upshur having several vessels on the stocks, cleared one of them out for the British West Indies on the 20th day of July, 1775, but that the said vessel was not launched until the 26th day of August; that on the 2d day of September, when the storm happened, the said vessel had no part of her loading on board; that the said vessel sailed after the 10th day of September to one of the foreign West India Islands, with a load of Indian corn; that on the 2d day of October following the Committee of the county of Accomack proceeded to inquire into the matter, and on such inquiry declared the said Upshur had violated the continental association by sending out the said vessel and ordered his case to be published in the Virginia Gazette; that after the return of the said vessel, the said Upshur (as appears by the minutes of the said committee) denying that he had intentionally violated the said association, voluntarily submitted the matter again to the determination of the committee, who, at a session held on the 8th day of January, 1776, upon farther enquiry, were of the opinion that he had violated the said association ignorantly, but that, having behaved obstinately, and ill afterwards, he ought to be fined, and they accordingly fined him 100£, which sum the said Upshur deposited with a member of the Committee. Your committee farther find, that the said petitioner hath conducted himself, both before and since the said transaction, as a friend to the American cause.
Resolved, that though the committee of Accomack were actuated by the best of motives, yet they erred in proceeding to impose the fine upon the petitioner and that therefore the said fine ought to be restored to the said petitioner by the person with whom it was deposited.
Resolved, that the said petitioner having violated the association through ignorance, and having in other respects conducted himself as a friend to the American cause, ought to be restored to the rights of dealing and intercourse with his country.
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