Page:Memoir, correspondence, and miscellanies, from the papers of Thomas Jefferson - Volume 1.djvu/171

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some observations on that subject. ‘The reputation and interest of our country, in general, may be affected by such a measure: it would, therefore, hardly be deemed an indecent liberty, in the most private citizen, to offer his thoughts to the consideration of the Executive. The locality of my situation, particularly in the» neighborhood of the present barracks, and the public relation in which I stand to the people among whom they are situated, to- gether with a confidence, which a personal knowledge of the mem- bers of the Executive gives me, that they will be glad of informa- tion from any quarter, on a subject interesting to the public, induce me to hope that they will acquit me of impropriety in the present representation. , By an article in the Convention of Saratoga, it is stipulated, on the part of the United States, that the officers shall not be sepa- , rated from their men. I suppose the term officers, includes general ____as well as regimental officers. As there are general officers who » command all the troops, no part of them can be separated from these officers without’ a violation of the article: they cannot, of course, be separated from one another, unless the same general officer could be in different places at the same time. It is true, the article adds the words, ‘as far as circumstances will admit.’ This was a necessary qualification ; because, in no place in Ame- rica, I suppose, could there have been found quarters for both offi- cers and men together ; those for the officers to be according to their rank. So far, then, as the circumstances of the place where they should be quartered, should render a separation necessary, in order to procure quarters for the officers, according to their rank, the article admits that separation. And these are the circum- stances which must have been under the contemplation of the par- ties; both of whom, and all the world beside (who are ultimate judges in the case), would still understand that they were to be as near in the environs of the camp, as convenient quarters could be procured ; and not that the qualification of the article destroyed the article itself, and laid it wholly at our discretion. Congress, indeed, have admitted of this separation ; but are they so far lords of right and wrong as that our consciences may be quiet with their dispensation? Or is the case amended by saying they leave it op- tional in the Governor and Council to separate the troops or not? At the same time that it exculpates not them, it is drawing the Governor and Council into a participation in the breach of faith. If indeed it is only proposed, that a separation of the troops shall be referred to the consent of their officers; that is a very differ- ent matter. Having carefully avoided conversation with them on public subjects, I cannot say, of my own knowledge, how they