Sect. 1. Be it therefore enacted by the Council and House of Representatives, in general court assembled, and by the authority of the same, that if either of the said persons, or any other person, though not specially named in this act, who have left this state, or either of said states, and joined the enemies thereof as aforesaid, shall, after the passing this act, voluntarily return to this state, it shall be the duty of the sheriff of the county, and of the selectmen, committees of correspondence, safety, and inspection, grand jurors, constables, and tythingmen, and other inhabitants of the town wherein such person or persons may presume to come, and they are hereby respectively empowered and directed forthwith to apprehend and carry such person or persons before some justice of the peace within the county, who is hereby required to commit him or them to the common gaol within the county, there in close custody to remain until he shall be sent out of the state, as is hereinafter directed; and such justice is hereby directed to give immediate information thereof to the board of war of this state: and the said board of war are hereby empowered and directed to cause such person or persons so committed, to be transported to some part or place within the dominions, or in the possession of the forces of the king of Great Britain, as soon as may be after receiving such information: those who are able, at their own expense, and others at the expense of this state, and for this purpose to hire a vessel or vessels, if need be.
Sect. 2. And be it further enacted by the authority aforesaid, that if any person or persons, who shall be transported as aforesaid, shall voluntarily return into this state, without liberty first had and obtained from the general court, he shall, on conviction thereof before the superior court of judicature, court of assize and general gaol delivery, suffer the pains of death without benefit of clergy.—[Passed September, 1778.]
WORCESTER RESOLUTIONS RELATING TO THE ABSENTEES AND REFUGEES.
The following votes were passed by the citizens of Worcester, May 19, 1783, and contain the substance of their doings relative to the refugees:
Voted,——That in the opinion of this town, it would be extremely dangerous to the peace, happiness, liberty and safety of these states to suffer those who, the moment the bloody banners were displayed, abandoned their native land, turned parricides, and conspired to involve their country in tumult, ruin and blood, to become subjects of and reside in this government; that it would be not only dangerous, but inconsistent with justice, policy, our past laws, the public faith, and the principles of a free and independent state, to admit them ourselves, or have them forced upon us without our consent.
Voted,——That in the opinion of this town, this commonwealth ought, with the utmost caution, to naturalize or in any other way admit as subjects a common enemy, a set of people who have been by the united voice of the continent, declared outlaws, exiles, aliens and enemies, dangerous to its political being and happiness.
Voted,——That while there are thousands of the innocent, peaceable and defenceless inhabitants of these states, whose property has been destroyed and taken from them in the course of the war, for whom no provision is made, to whom there is no restoration of estates, no compensation for losses; that it would be unreasonable, cruel and unjust, to suffer those who were the wicked occasion of those losses, to obtain a restitution of the estates they refused to protect, and which they abandoned and forfeited to their country.
Voted,——That it is the expectation of this town, and the earnest request of their committees of correspondence, inspection and safety, that they, with care and diligence, will observe the movements of our only remaining enemies; that until the further order of government, they will, with decision, spirit and firmness, endeavor to enforce and carry into execution the several laws of this commonwealth, respecting these enemies to our rights, and the rights of mankind; give information should they know of any obtruding themselves into any part of this state, suffer none to remain in this town, but cause to be confined immediately, for the purpose of transportation according to law, any that may presume to enter it.