Continuation of the history of the province of Massachusetts Bay : from the year 1748 [to 1765]. With an introductory sketch of events from its original settlement

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CONTINUATION

OF THE

HISTORY

OF THE

PROVINCE

O F

MASSACHUSETTS BAT,

FROM THE YEAR 1748.

V/ITH AN

INTRODUCTORY SKETCH OF EVENTS FROM

.

ITS ORIGINAL SETTLEMENT.

By GEORGE RICHARDS MINOT,

If ellovr of the American Academy of Arts and Sciences, ani
Member of the Mafiachufetts Hiftorical Society.

VOL. I.

accotDing to aa of Congreft.

BOSTON:
Printed by MANNING & LORING.

••HM^^n^^^HMM*

FEB. 1798.

J

XX

A S

1 I

T O

JOHN ADAMS, LL. D.

PRESIDENT,

JOSEPH W I L L A R D, D- D. LL. D,

VICE-PRESIDENT ;

The COUNSELLORS and FELLOWS

OF THE

AMERICAN ACADEMT

O F

ARTS AND SCIENCES;

THE FOLLOWING

WORK

IS MOST RESPECTFULLY

SDetiicatet),

SY THEIR HUMBLE SERVANT,

GEO. R. MI NOT.

C O N T E N T S.

CHAP. I.

• -.- of fettling New-England~0bfervation on the

char afters of the frft planters— Council of Plymouth —
Charter of Charles I. — Laws, puni/hments^ and judicial
Courts — Ecclefiajlical fyftem — General obfervation on tie
•whole ..... ^

CHAP. II.

Lofs of the Charter - - - •> 35

CHAP. III.

Androfs*i ad'tJiiniftration — Charter of William and Mary —
Controverjies about the inftruftions for fettling and fix-
ing the Governor's falary - "53

CHAP. IV.

Military char after of the people — Philip's war — Various
expeditions — Taking of Cape Breton in 1745 — Peace
of Aix-la-G appelle in 1748 63

CHAP. V.

Debt of the Province — Origin and progrefs of Paper
Money — Land Bank — Bills of credit redeemed — Pro-
ceedings of the Houfe of Reprefentathes in the cafe of
James Allen, Efqtiire — Drought — Conference with the
Delegates from the Penobfcot Indians - 8 1

CHAP. VI.

Governor Shirley embarks for England — Affairs pending
there — Peace with the Penobfcot Indians — Difpute with
the Pigwackets fettled — Claims of France and En-
gland to Nova-Scotia — Military operations there — So-
ciety for promoting induftry—Propofals for fending
Btfhops to America— A quarrel with Indians at Wif-

ca/et-

CONTENTS.

- — Attack upon the Eaftern fdtlsments by the C.-:*
r.adian Indians — Law prohibiting Theatrical Enter-
tainments— Expenfe of the civil lift - ! I o

C H A P. VI I.

of Parliament for reftreining bills of credit in thf
Colonies — Complai?it cf tag ll'ejl- Indian fugar planters
againft the Northern Colonies— Cejfation cf hcfliliiits
againft the E after n Indians— Meafures fir civilizing
the Mohawks — Controversy refpetling the right of ap-
pointing the Attorney-General— Aft cf Parliament ta
prevent the ersfiing of Siitting-mills— Small-Pox — Cc i-
ference ^ith the Eaftern Indians — Governor Shirley
returns — The Treaty with the Indians renewed 145

CHAP. VIII.

Comparative view of the policy ', fit nation > and ciahis cf
the French and Englijl? In America-— Kofi Hit its com-
menced between them in the Weftern Territory — Ex-
pedition to Kennebcck—The building of forts there 175

CHAP. IX.

Meeting of Commifjioners at Albany — Their plan of
Union — Debates on it in tic General Court — Excife
Bill— Objections to it by the people— Cafe of Daniel
Fow/e and others for puUiJl:ir.g a Lib el— -Indians in-
vade Stockbridge - iS8

CHAP. X.

The taking cf the French forts in Neva-Scotia, and
removal of the Neutrals - - - 216

C H A !\ XI.

Plan of military operations for the year 1755-— Supply
of the treafnry — Laiv prohibiting correfpondence rwiih
the French fct*!tments—Anfw to the Governor's

iieffagc

CONTENTS.

upon the fiibjetl of furmfoing the regular
troops with provifions — Caufes operating to weaken
ihe force of the Britiflj Colonies — Shirley departs for
Ofwego — War declared againjl the Eajlern Indians —
The Penobfcots attacked 22%

CHAP. XII.

Braddock's defeat — Diefkaifs unfuccefsful attack upon
the Provincials under General Johnfon — General Court
addrefs the King and fend Commiflioncrs to Albany —
The army fent againjl Crown-Point difcharged — The
uttack upon Niagara fruftrated—Obfervatio?! on the
military operations of the year — Earthquake 248

CHAP. XIII.

Plan of operations for the year 1756 — Governor Shirley
returns to Bojlon — Obftrvation on the refources of tht
SritiJJ} Colonies to maintain a war — Objections to the
mode of oppofing the French — General Court demand
ajjijlance from the crown—They agree to raife another
army againjl Crown-Point — General Shirley recalled—
Aft of Parliament empowering foreign Protejlants to
ferve as officers in A?nerica - - 263

CHAP. XIV.

The army fent againjl Crown-Point joined ly the reg~
ulars — Mode of ailing together fettled — Forts at Of-
wego taken ly the French — The Engliflj army put on
the defence — Reimburfement money arrives — Reinforce*
merits ordered — Governor Shirley embarks for England-—
Conduil of the General Court towards hi?n — His char-
after — Campaign clofed — Mifcellamons matters

PREFACE.

A SENSE of the obligation incumbent on
every one, to devote his leifure time and
means of information to fome object of general
utility, has excited this attempt to continue the
Hiftory of Maffachufetts Bay for a fhort period.
As an effort of duty, it is offered without referve j
as a completion or the defired tafk, it will doubt-
lefs need many corrections, of which the writer
could not avail himfelf until he had ventured upon
the public attention : and, in this view, he pre-
fents it with apprehenfions, and unbounded re-
liance on the reader's candour. The difficulty
of hiftorical refearch increafes with the obfcurity
of the period treated of ; and if fame or reward
were to be preferred to the neceffary labour of
connecting a feries of tranfactions, it is evident
that a more brilliant and productive fpace of
time might have been felected, where facts would
have prefented themfelves from numerous and
familiar records, and where reflection would
have emanated from the interefting operation
and magnitude of events. But the more re-
markable and amuiing eras are, for thefe, among
other reafons, fecure from oblivion, and it is only
the barren tracts, where the fprings of future
important tranfactions lie thinly fcattered, and
which are neceffary to be explored merely to
connect more fruitful regions of inflruction and
amufement, that are in danger of neglect. In
travelling through fuch a fpace, the paffenger
ftiould be indulged to relieve himfelf by review-
ing paft fcenes, and deviating into neighbouring
and more pleafant departments, wherever the
courfe of his fubjecl: will allow.

To

viii PREFACE.

To purfue a chronological narrative, in all the
variety of incidents which ariie, general and lo-
cal, permanent and tranfitory in their effects.,
many of them of that doubtful defcription which
feems too trifling to be mentioned, and yet too
important to be omitted, will neceffarily occafion
diflimilarity of flyle, and produce an unequal ef-
fect upon the reader. But it is not a romance,
or a feiecled piece, that is to be narrated ; it is a
faithful and minute detail of occurrences in 'a
country, young, fecluded, and jufl imprefling it-
felf on the attention of the elder world.

It is to be regretted that a valuable fource of
information, the plantation-office in England, is
not eaiily to be made ufe of here. Yet as it may
never fall to the lot of the fame perfon to avail
himfelf of records and other documents in both
countries, it is thought bed not to fupprefs, on
this account, the attainments made only in one.
What is offered in a bufmefs of general concern
is open to the examination of all, and he who is
fo fortunate as to obtain further and better means
of knowledge, is under an obligation to correct
the errors and add to the refult of inquiries, con-
fefFecHy made under partial advantages. The
manner in which this may be done is more in-
tending to the reviewer, than to him who is
the fubject of obfervation ; fince the .candour or
feverity of criticifm, however it may affect the
character of its author, cannot increafe or di-
rmnilh the merits of the work which he invefti-
gates.

January i, 1798.

?•*

CONTINUATION OF THE HISTORY

OF THE

PROVINCE

O F

MASSACHUSETTS BAY.

CHAP. I.

Caufes of fettling New-England — Obfervation
on the char afters of the Jirfl planters — Coun-
cil of Plymouth — Charter of Charles L —
Laws, pitni/lomentS) and judicial Courts —
Ecclefiqftical Jjftem — General obfervation on
the whole.

HE prevailing motive to the
fettlement of New-England,
| is generally known to have
been an invincible defire and
fixed refolution, to enjoy
that moft eflential right of mankind, the free

B exercife

10

».

cxercife of confcience in matters of religion*
The reformation in England under Henry
VIII. though founded ofteniibly on the prin-*
ciple of purifying the Chriftian worfhip from
the fcandalous abufes of the Romifh church,
did not, in facl, ferioufly engage the royal
intereft further than it refpeded the fuprem-
acy of the Pope as the great ecclefiaftical
head of the kingdom. This point being
gained, the principles of the real reformers
had few patrons ; and, as they were the
enemies of defpotic monarchy, to which the
vanquifhed Catholics were not unfriendly,
they became, at length, more perfecuted by
the government and hierarchy which fprung
from the ruins of papal power, than even
the votaries of the Pope himfelf. In the
reign of Elizabeth, refufal to conform to the
cftablifhed church was firft made punifhable
by fevere fines, and then by death itfelf ;
*3Eiiz.ch.i. and any unlawful aflembly under colour of
ch. i. a.' the exercife of religion, was forbidden on
the fame penalty.

Upon the acceffion of her diflembling fuc-
ceffor James I. the non-conformifts, allured
by the circumftance of his education among
Prefbyterians in Scotland, fuffered their

hopes

II

hopes to revive. But he demonftrated, as
his predeceflbrs had done, that the favourite
religion of the crown was that which moft
favoured defpotic power : and they found
him fo far from accommodating the difcipline
of the church to the ideas of Proteftant non-
conformifts, that he eftablifhed the canons,
by which the Puritans or the moft zealous
of the reformers who were diftinguifhed by Nealc<3
that name, were fubje&ed to excommunica-
tion ; that is, not only a fufpenfion from
church livings, but a difconnexion from the
congregation of the faithful, an incapacity of
fuing for their debts, imprifonment for life,
unlefs they made fatisfadion to the church,
denial of Chriftian burial, and, if we may ufe
the words of an ardent writer, an exclufion
as much as lay in the power of the court*
from the kingdom of heaven.

Such {everities drove many valuable fubjefts
from the kingdom into the Netherlands, and
other countries, of Europe ; and finally, fo
firmly were they attached to their form of
religion, that a number who had fled to Hol-
land, fearing the corrupting influence of
other fe£ts, conceived the adventurous idea of
fettling in America ; and actually arrived at

New-

It

New-Plymouth in the year one thoufand fix
hundred and twenty.

The lot of the Puritans, who, at lad, were
compofed both of the diflenters from the
eftablifhed church, and the oppofers of def-
potic monarchy, and whofe name was mali-
cioufly ufed by courtiers to include the moft
knavifh enemies of either, was defignated by
a remarkable fpecies of perfecution. They
were purfued by fuch relentlefs tyranny, as
one would fuppofe, would be moft gratified
by driving them from their country and what-
ever is deareft to man, and yet were either
too much refpeded or feared to be fuffered
even to banifh themfelves without molefta-
tion. Reftri&ions were laid upon their
A. D. 1608 efcape, and whilft fome had fled to foreign
1 I4' countries, others were not fo fortunate as to
obtain this dreadful privilege, but were de-
tained as hoilages for the good conduct of
their brethren abroad. The effects of the
political and religious principles of the great
body of this party who remained in England,
w^re matured and unfolded in the fubfequent
reign, when monarchy was laid at their feet ;
and no wonder if the feelings of fuch of them
as crofled the Atlantic, were commenfurate
with the ideas of thofe who were detained at
home. The

The feverity of religions persecution in-
ereafed under Charles I. who was governed
by the deteftable maxims of archbimop Laud,
which furnifhed further expedients for pur*
fuing the Puritans. Among others, a fyftem
of fports and recreations on the Lord's day,
which had been originated in the laft reign,
was revived and eftabliihed by the King.
This meafure was directly calculated both to
obviate the objections of the Roman Catho-
lics to the fuppreffion of feafls and revels,
and to wound the feelings of the Puritans,
and embarrafs their clergy ; as they were re-
markable for a ftrict attention to the fourth
commandment, ftill fo decently obferved by
their defcendants. The magiftrates had
found thefe fports, which confifted of dancing,
leaping, vaulting and various other games,
to be introductory of profanation, and at-
tempted to fupprefs them ; but, fo great was
the zeal of the court to root out puritanifrn
(which, from the flrict obfervation it enjoined *
of the Lord's day, they conceived tended to
diminifh the feaft days of the church) that
the reprefentations of the magiftrates were
overruled, and the order eftahlifhing the book
of fports was directed to be read in every
parilh. This was a net to entangle the clergy,

and

it

and many loft their livings for confcientioufly
refufmg to read the order. In fhort, it be-
came evident, in the ftar-charnber language
of the Earl of Dorfet, that to be guilty of
drunkennefs, uncleannefs or any lefs fault
might be pardonable ; but that the fin of
puritanifm and non-conformity was without
forgive nefs.

In fuch a {Situation of affairs, when it was
difficult to fay whether tyranny triumphed
moft in, church or ftate, a number of emi-*
grants embarked for America, and fettled at;
Salem in Maffachufetts Bay, in the year one
thoufand fix hundred and twenty-eight,
They foon extended themfelves to Bofton and
its neighbourhood, and the increafmg troubles
in England recruited their numbers,, until they
themfelves became a ftock for population, and
began to colonize upon the river Connecticut,

In aid of an infurmountable defire of pre-
ferving the purity of their religion, and
freely exercifmg the rights of conscience,
thefe fettlers admitted a fpirit of commerce
and agriculture as neceflary to their plans.
Merchants became aflbciated with them :
nor was it derogatory to the principles of
their cmigra-tion to entertain a hope that,

whilft

the caufe of religion was ferved with
fo much hazard, fuccefs might alfo attend an
honeft attempt at hufbandry and traffic. But
the encouragement from this fource was tri-
fling indeed. The fettlers at New-Plymouth
were thrown upon a more northern and lef*
prornifing fhore than the place of their defti-
nation, and it does not appear that the com-
pany of Maffachufetts Bay ever made any
dividend of profits. To the fpirit of religion
therefore we muft afcrihe their perfeverance.
Had they been placed on the extenfive wa-
ters of the St. Lawrence or the Hudfon,
where the articles of traffic were to be col-
lected from immenfe and almofl exhauftlefs
regions, or in the more fouthern climates,
where the fpontaneous exuberance of the foil
would promife an early return to the labours
of the hufbandman, the common motives of
commerce and gain might be fuppofed to
have eflfe&ually aided the fpirit of emigra-
tion ; but where neither of thefe exifted, and
inftead of them ficknefs and famine were
holding up the fate of preceding adventurers,
the hope of enjoying in peace, what exceed-
ed all earthly confiderations in value, muft
have been the eflential caufe of their adher-
ing fo inflexibly to their perilous undertaking.

Thefe

Thefe being the caufes which impelled the
colonifts of Maffachufetts Bay to crofs the
Atlantic, let us Iketch a few leading fa£bs in
their early hiftory, and make fome general
obfervations upon them, in order to prepare
ourfelves for the more laborious and minute
detail of that particular period, which is the
profefled fubjed; of the prefent work.

Although the emigration of the American
colonifts from the different European nations
eventually produced the nobleft revolution ia
the minds of men and in political power that
the world has ever witnefled, yet we muft
not be furprifed to find its operation con-
fined in the beginning, and its advances grad-
ual in proportion to the greatnefs of the event
which was to take place. The fettlers in
Maflachufetts Bay, we have feen, left their
parent country in an age when, comparing it
with fubfequent periods, it may rather be faid
that error was falling than that truth was
eftablifhed ; when the rights of fociety were
but unfolding, and kings, after having re-
lieved their fubjecls from the more dread*-
ful tyranny of ariftocratic power, were
grudgingly conceding, as privileges, what
men afterwards underftood to be their own,
independent of royal favour ; when religion

was

J7

Was but juft emancipated from the hand of
popery, and the relative importance of fcho-
laftic learning, and the myfteries of doctrine
with refpect to practical piety, had fcarcely
fettled to their proper level ; #nd, above all,
^when the great revelation of preferving the
fpiritual and temporal kingdoms diflinfl;, had
not operated upon the reafon of tire Euro-
pean world.

It muft not then be expected, that the great
advantages derived from the fettlement of this
cbuntry to the civil and religious liberties of
mankind, were wholly owing to the perfonal
characters of the firft planters : thefe indeed^
were to a high degree exemplary, and the
experience of the greateft abufes of political
and ecclefiaflical power, in their own cafe,
had made them proper inftruments to intro-
duce a new fyftem to the world. But they
cannot be fuppofed to have been entirely un-
influenced by the habits and ideas of the
country which they had left ; and among a
long train of virtues, we are obliged to con-
fefs that, retaliating their injuries upon their
perfecutors, they did not give religious toler-
ation her merited rank. Yet thofe who fo
boldly ftepped out from an old fociety, filled

C witb

i8

with oppreilions and diffracted by periecu-
tions, to the unbiafled government of them-
felves, and thus proved to mankind experi-

i

mentally the \vhole extent of their claims to ,
freedom ; although they might have but par-
tially anticipated the benefits which they were
about to deliver to pofterity, and for a mo-
ment, might have taken a retrograde courfe
in their progrefs to liberty, muft neverthelefs
forever hold an envied ftation in the view of
mankind.

After feveral grants of territory upon the
continent of North-America had been made
by the crown of England, and fome attempts

d NOV to fettle it nad Prov£d ineffectual, King James I.

1620. Jn the eighteenth year of his reign, erected
a body politic or Council in the town of
Plymouth in the county of Devon, confifting
of forty refpeftable adventurers. To them
he granted New-England, including fo much
of that continent as lies from forty to forty-
eight degrees of northern latitude, and as,
continuing that breadth through the main
land, extends from fea to fea. At the fame
time he gave to this body politic ample
powers for the planting and governing of
this territory, by laws agreeable to thofe of

the

the realm of Engla.ni!, as nearly as circutn-
ftances would permit. The Council of Ply m-
outh thus eftablifhed, in the third year of
King Charles I. granted the country which
may be called Maflkchufetts proper, extending
from three miles northward of Merrimack
River to three miles fouthward of Charles
River, unto Sir Henry Rofwell and others, 4th.
who alfo received a charter from that King 4th.yi.chM.
confirming their grant, and vefting them
with powers of jurifdidtion over the country.

This charter, from the omiffions of feveral
powers neceffary to the future fituation of
the Colony, fhows us how inadequate the
ideas of the parties were to the important
confequences which were about to follow
from fuch an a£t. The Governor, with the
affiftants and freemen of the company, it is
true, were empowered to make all laws not
repugnant to thofe of England ; but the pow-
er of impofmg fines, mulcts, imprifonment
or other lawful correction, is exprefsly given
according to the courfe of other corporations
in the realm ; and the general circumftances
of the fettlemeut, and the practice of the
times, can leave us no doubt that this body
politic was viewed rather as a trading com-

• pany

pany refiding within the kingdom, than,
what it very foon became, a foreign govern-*
ment exercifmg all the eflentials of fovereign-
ty oyer its f objects. The removal of the
charter to Maflachufetts Bay began to unfold
the defeds of it, and the confequences of the
fettlement there. So many of the inhabit-
ants were made free of the company, that it
became impoffible for t{ie whole to ad ia
making the laws, and hence arofe the necef-
fity, perhaps top the firft idea, of a reprefent-
ative body among them. This they created
of their own motion in fix years after the
grant of their charter, which was wholly filen,t
upon fo important an inftitutipri. The high-
efl ad of fovcreign authority likewife became
neceflary to be exercifed upon criminals in
the privation of life, concerning which the
charter made no mention : but the govern-
ment undertook to inflid capital punifh^
ments-. without recourfe to the crown for adr
ditional powers, In the fame manner did
they fupply a defecT: of authority to ere£t ju-
dicatories for the probate of wills ; to con-
ftitute courts with admiralty jurifdidion ; to
impofe taxes on the inhabitants ; and to cre-
ate towns and other bodies corporate.

All

2T

All authority being thus given by the
people, and exercifed by tlie government of
their own deftim:, in the form prefcribed by

C * 'A »

the charter for every neceffary purpofe o.t
fociety, there feemed to be nothing but the
force of habits and prejudices, formed in En-
gland, to preferve diilinctions ?riid unequal
privileges among the dalles of citizens ; and
little more than an undefined allegiance to
the King, the form of fwearing to which the
Colony dared to dLfpute* to prevent its being
an independent republic. Many dignified
characters were aware of this ; and, appallecl
at the hazard of lofing their fuperiority, fo
much more furely recognized by the confti-
tution of the mother country, declined emT
barking for this unfettled world. ^

But fuca was the force of thefe habits
prejudices, and fo prone are mankind to place
unlimited confidence in their government,
when unprovoked by the usurpation and
abufe of power, that the people of Mafla-
chufetts may be faid to have fubmitted to a
fyftem of laws by which the freedom of ac-

tion

* See certain proposals mack by Lord Say and other per-
fbns of quality, as conditions of' their removing to Nevr-
England. Hutch. Vol. I. Appendix, No. 2.

tion was abridged, and to have voluntarily-
yoked themfelves to an ecclefiaftical author-
ity, by which the rights of confcience loft, for
a time, the very principles that their emigra-
tion had avowed, It would ill become the
defcendants of thefe adventurous heroes to
look back with reproach upon inftitutions
from which they are now deriving the mo ft
tranfcendent bleffings ; but it would ftill
more ill become them to mow a diftruft of
the prevailing merits of their anceftors, by an
attempt to conceal defects which are incident
to human affairs ; defects too fo exceedingly
overbalanced, upon the whole, by wifdom,
perfeverance and fucceis. Let us then obferve,
that having their own government fecured by
the right of election, all their fears arofe from
that of England ; and being of the fame fen-
tiinents with their clergy, they feemed to con-
template no encroachments upon their re-
ligious privileges but from the hierarchy there..
Common misfortune and danger having uni-
ted them at this early period in opinion and
intereft, the government became rather a vol-
untary effort of felf prefervation, than an im-
pofing act of authority. The great refine-
ment of fecuring the rights of the minority
was not fearched for where all were agreed ;
and .jdiilft the community was unreftrained

by

by foreign tyranny, the idea of its becoming
an inftrument of oppreflions within itfelf,
was not prefented ftrikingly to view. The
general freedom was the firft objed: ; it re-
mained for pofterity, by the checks and divif-
lons of power which have fmce been more
fully adopted in political conflitutions, to
guard againft evils which the higheft mutual
confidence, and a common exertion to pre-
ferve the enjoyment of their own religious
opinions, the only expected reward of all their
labours, prevented our forefathers from an-
ticipating.

A body of men receding from the eftab*
lifhed government and religion of a country ^
cannot be fuppofed to have carried with them
any great affe&ion for its laws, nor to have
been provided with many affiftants profeflion-
ally {killed in its judicial inftitutions. The
want of fuch counfel is acknowledged by the
General Court, and had they been pofleffed
of all the jurifprudence of the old world, the
peculiarity of their fituation would have ren-
dered it a partial directory. Under fuch cir-
cumftances, the immediate exigencies of their
affairs could not but dictate local regulations ;
and the general principles of government

would

Would naturally be fuggefte'd from that rc-
fpected guide of their confidences and morals^
which they had followed through fo many
trials. They therefore adopted the Bible as
their principal code of law, and declared as
an article in their bill of rights, that no man
imroduftiori fhould fuffer but by an exprefs law fufficiently
publifhed, yet in cafe of a defect of law in
ny particular inftancej by the word of God*

It is obvious to all in the" prefent age, that
the peculiarities of the Jewifli nation muft
render their jurifprudence inapplicable, in a
variety of infiances, to a people fo differently
circumftanced ; arid the rights of individuals
could gain nothing by neglecting the experi-
ence of mankind in former judicial proceed-
ings, where they were in any degree fimilar
to the cafes which might arife. The code of
laws became marked with many additional
Capital crimes, unknown as fuch to thofe of
England ; and fmaller offences were multi-
plied with rigorous exactnefs. As this fever-
ity had for its object an exemplary purity of
morals and religion, which mould extend to
every perfon in fociety, it, of courfe, reached
the more private actions of its members, and
included all the relationflbips fubfifting be-
tween them.

Their

1L

Their capital offences were idolatry, witch-
Craft, blafphemy, murder, befdality, fodomy,
adultery, man-ftealinz, bearing falfe witnefs,

/ • Laws pnnt-

conip'uacy and rebellion, curfing or fmiting a ed l66°-
parent unlefs when negle&ed in education, or
provoked by extreme and cruel correction,
rebellious and ftubborn conduct in a fon, dif-
obeying the voice and chaftifement of his
parents, and living in notorious crimes, rape
and arfon ; other offences were alfo made
capital upon a fecond or third convidion, and
the degree of the offence was, in fome in-
ilances, increafed by the circurnftance of its

being committed on the Sabbath,

i

In the inferior claffes of crimes were
many peculiar to the fituation of the Colony,
efpecially with regard to fumptuary regula-
tions, and the enforcing of induftry. In
thefe there are ftrong proofs of the difpofition
which prevailed, of mewing refpeft to partic-
ular defcriptions of families, by diftindions ia
their favour.

Their punifhments bore a refemblance to
the general rigour of their penal code, and
were fometimes, even in capital cafes, left to id. page 67,
the difcretion of their judges. There is a

D law

law on the fubjecl of torture, which is a ftairi
rather upori the volume in which it is re-
corded, than upon the practice of the coun-
try ; to the honour of which it may be faid,
that the ufe of this ftatute has been fo little
contemplated, that it became wholly obfolete.-
This law prohibits torture generally, but ex-^
cepts any cafe in which the criminal is firft
fully convicted by clear and fufficient evi-
dence ; after which, if it be apparent from
the nature of the cafe, that there be confeder-
ates with him, he may be tortured, yet not
with fuch tortures as are barbarous and in-
human. The very terms of this- ftatute
feem to difarm it of the power of injuring,
and would render it, if it were in force, a
lefs dreadful engine of inhumanity, than the
pqine forte et dure of the Englifh law.

The rigour of juftice extended itfelf
well to the protection of the rights of prop-
erty, as to the moral habits of the people ;
and a remarkable inftance of this is ihewn in
the power given to creditors over the perfons
of their debtors. The law admitted of a free-
man's being fold for fervice to difcharge his
dejpts, though it would not allow of the facri-
fice of his time, by his being kept in prifon,
unlefs fome eftate was concealed*

The

The Governor and Affiftants were the
firft judicial court ; to this, inferior jurif-
didtions were added ; and, upon the lloufe
of Reprefentatives coming into exiftence, the
judicial authority was fhared by them, as (in
the words of their law) the fecond branch of
the chief civil power of this Commonwealth.
The fubordinate jurifdi&ions were the indi-
vidual magiftrates, the commifficners of towns,
and the county courts. Thefe feem, in forne
fenfe, to have a£ted as- the deputies of the
General Court, fmce in difficult points, they
were allowed to ftate the cafe without the
names of the parties, to that court, and re-
ceive its declaration of the law,:

t

The perpetual controversy incident to di-
viding power among feveral orders difpro-

• i i TIT. See laws

portionate in their numbers, took place be- A. D. 1643
tween the Affiftants and Reprefentatives, to I 53'
Whether they fhould vote in feparate bodies
or collectively, became a ferious difpute. As,
by a defect in the conftitution, they held both
legislative and judicial authority, it was at laft
compromifed, that, in making the laws, the
two Houfes mould vote feparately, with a
negative upon each other ; but, in trying
caufes, in cafe they fiiould differ in this mode,
they fhould proceed to determine the qucl-

tion by voting together.

As

As in their government hereditary claims
were rejected, their public officers being all
periodically chofen from the body of the free-
men, and without regard to diilincl: orders,
fo in the defcent and diftribution of the real
and perfcnal eftates of inteftates, the exclufive
cjairn of any one heir was not admitted, but
equal divifion was made among all, refer ving
only to the eldeft fon a double portion. This,
efpecially in cafe of a numerous family, which
is not an uncommon inftance in a young
country, effectually prevented the undue ac-
cumulation of property. Thefe two regula-
tions may be faid to be the great pillars, on
which republican liberty in Maffachufetts is
fupported.

There was an ineftimable advantage gain-
ed to the caufe of freedom by a law of 1641,
which declares the lands of the inhabitants
free from all fines and licenfes upon aliena-
tion, heriots, wardlhips, and the whole train
of feudal exactions, which have fo grievouf-
ly opprefled mankind in other parts of the
world. They tendered hofpitality and fuc-
cour to all Chriftian ftrangers flying from the
tyranny or oppreffion of their perfecutors, or
from famine, wars, or the like compulfory

caufe,

caufe, and entitled them to the fame law and
juitice as was adminiftered among themiclves.

But whilft they thus ferupuloufly regulated
the morals of the inhabitants within the
Colony, and offered it as an afylum to the
opprefied among mankind, they neglected
not to prevent the contagion of diffirnilar
habits and heretical principles from without.
A law was made in the year 1637, that none
ihould be received to inhabit within the ju-
rifdidion, but fuch as mould be allowed by
feme of the magiftrates ; and it was fully un-
derfcood, that, differing from the religious
tenets generally received in the country, was
as great a difqualificaticn as any political
opinions whatever. In a defence of this or-
der it is advanced, that the apoftolic rule of
rejecting fuch as brought not the true doc-
trine with them, was as applicable to the
Commonwealth as the Church ; and that even
the profane were lefs to be dreaded than
the able advocates of erroneous opinion*

LS.

The platform of Church government
which they fettled, was ? the Congregational
mode, connecting the feveral churches tor
gether to a certain degree, and yet exempt-

ing each of them from any jurifdiftion by
way of authoritative ceniure, or any church
power extrinfic to their own. This was
evidently oppofed to the hierarchy; and, in
order to fecurc to thernfelves the rights which
they had been denied in England, they pro-
jecled the fame expedient which was praclif-
ed there, of uniting what ought forever to be
feparate, the Church and the State. Accord^
ing to the notion of the times, it was confid-.
ered as an eflential teft of a true church, that
it could be moulded to the civil government ;
and they had been reproached by the advo-.
cates for the eftablimment at home, that theirs
was incapable of fuch a union. How un-*
founded this reproach was, foon became evi-.
dent : though the intellect of man has fmce>
in its progrefs in this country, firft difcoveiv
ed the abfurdity of religious tefts, and wiped
away this blot upon human reafon, whilft the
mother country remains, in this refpecr., itt
ker ancient abfurdity..

f

No man could be qualified either to ele<3y
or be elected to office, who was not a church
member, and no ch.irch could be formed but
by a licenfe from a magiftrate ; fo that the
civil and ecclefiaftical powers were intimately

combined*

combined. The clergy were coniulted about
the laws, were frequently prefent at the paff-
ing of them, and by the neceffity of their in-
fluence in the origination, derrionftrated how
much the due execution of them depended
upon their power*

But the error of eftablifliing one rule for
all men in eccleiiaftical policy and difciplinc
(which experience has proved cannot be
maintained even in matters of indifference)
could not fail of difcovering itfelf in very
ferious inftances as the fociety increafed.
The great body of the Englifh nation being
of a different perfuafion in this refped:, num-
bers belonging to their church, who carne
into the country, neceflarily formed an op-
pofition, which, as they had the countenance
of the King, could not be crufhed like thofd
of other fe&aries. It became a conftant
fubjeft of royal attention, to allow freedom
and liberty of confcience, efpecially in the ufe
of the book of common prayer, and the rights
of facrament and baptifm as thereby prefcrib-
ed. The law confining the rights of free-
men to church members was at length re-
pealed ; and pecuniary qualifications, for
fuch as were not church members, with good

morals,

iriorais, and the abiurd requliite of orthodoxy
of opinion, to be certified by a clergyman,
were fubitituted in its piace. But the great
afcendancy which the Congregationalifis had
gained over every other feet, made the chance
of promotion to ofHce, and the iliare of in-
fluence in general, very unequal ; and was,
without doubt, one of the moft important
caufes which confpirecl to the lofs of the
charter.

Upon the whole, although if we examine
thefe political and ecclefiailical fyftems, efpe-
cially when taken in connexion with each
other, upon the free principles of jurifpru-
dence and religious toleration, they muft ap-
pear alarmingly dangerous to the rights of
individuals ; and, although there were acts of
feverity exercifed by the government, efpe-
cially upon petitioners for redrefs of griev-
ances growing out of their conilitution,
which would not be endured at the prefent
day ; yet the peculiar circumftances under
vvhic-h this handful of emigrants were placed,
rendered their government lefs ineligible at
firft, than we mould be led to fuppofe. They
had all felt or were obnoxious to the penal-
ties which, during feveral reigns^ had been

annexed

33

annexed to non-conformity and oppofition to
the church of England ; and had procured
permiffion to leave the kingdom rather on
the principle of riddance than favour. The
dictates of felf-defence therefore might well
be expected to direct their meafures in mat-
ters of public worfhip. The wildernefs which
they had entered was a contemptible mare of
dominion, compared with the fair inheritance
which they had left the mother church at
home : and, having unlimited confidence in
their own government, it was natural that
they mould avail themfelves of every expedi-
ent to fecure their confciences againft the op-
preffions of that from which they had fled.
Nor is it to be wondered, fmce the fpirit of
the age feemed to confider fome church-
eftablifhment as neceflary to all governments,
that they preferred their own to that of their
enemies. The rigorous fyftern which they
adopted, confidered as it refpected them-
felves, certainly evidences a kind of heroifm
in virtue, a felf-martyrdom in the caufe of
morals and religion, which muft ever rank
them foremoft amongft the moft zealous advo-
cates for thefe important objects ; and confid-
ering it as it refpected the reft of mankind, of
whom they may be faid to have been the re-

E prefentatives,

34

prefentatives, in a common caufe the moft
beneficiary that the world could be political-
ly interefted in, if it wanted latitude and ac-
commodation to extend its bleffings immedi-
ately to many, who, in this view, rightfully
claimed them, the misfortune may be rather
attributed to the nature and operation of
things than to any culpability on their part.
It mould be realized that their policy was
rather to eflablifh a Chrifdan community of a
particular kind, and to preferve it pure from
any foreign principles, efpecially religious,
than to form a great fociety either for fplen-
dour or power. Their fettlement was rather
a flight to the defart from religious perfecu-
tion and for the propagation of the gofpel,
than an emigration upon political or national
principles. In this nafcent ftate of a revolu*
tion in favour of human happinefs, it is im-
poffible not to obferve with admiration, the
peculiar aptitude of their character to the
purpofes which Providence had deftined them
to effect. They had a wildernefs to culti-
vate, a foe to fubdue, who united the inftinct
and fiercenefs of the brutal creation with the
fagacity of human reafon. The European
fel Clements in their neighbourhood were gen-
erally hoftile 5 and, what feemed ftill more

afflicting,

35

afflicting, a conflant watch \vas to be kept
upon their mother country to prevent en-
croachments upon thofe liberties which they
had placed themfelves, in this forlorn fitua-
tion, to protect. Under fuch circumftances,
the ftrength and firmnefs of their fpirit \vas
their only refource. Lefs rigour would have
difqualilied them for difcharging the heavy
duties which they had to perform ; and per-
haps, more liberality would have introduced
fectaries, who would have weakened the
community by divifions, and profligates, who
would have corrupted it by vice.

C H A P. II.

Lofs of the Charter.

r I^HE nrft great political alteration which
the Colony underwent, was occafioned by
the lofs of its charter in the year 1684. In
examining the reafons of this change in their
conftitution, it will be proper to remark, that
the manner in which they left their native
country ; the valuable confideration which
they gave for their new pofleffions, firft to
the Council of Plymouth, and afterwards to

the

the natives ; the want of all protection and
aid from the government of England, when
ftruggling with the difficulties of their fettle-
ment, and the cruel warfare of favages ; the
trifling circumftances on which the claim of
the crown was founded to this vacant dwell-
ing place in the earth ; all confpired to give
them ideas of independence fcarcely compat-
ible with any degree of allegiance to the King ;
whilft on the other hand, whether from a de-
fire of freeing the realm of fubje&s whom he
confidered as its enemies, or from a want of
forefight of the full extent of his grant under
the future circumftances of the Colony, or
from whatever motive, the King had conceded
by his charter, fo much power to the colonifts,
at leaft according to their conftruction of it,
as left him little or no control over thefe dif-
tant fubje&s. In fearching for the caufes of
the lofs of the firft charter, thefe circumftances
feem greatly to explain the fubjecl:. Inciden-
tal occafions and events ferved to direct the
manner in which the controverfy was con-
ducted ; but whilft rights exifted fo incon-
fiftent with the prerogatives of the monarch,
as they had been generally underftood by
him, they could not but be deftined by one
means or another to be deftroyed : and it

happened,

happened, that the fpirit and inflexibility of
the colonifts at this early period rather tended
to furnifh opportunies for this defign to take
effect, than to overcome the power of the
crown.

The firft attempt upon the charter was
made in the year 1635, when Sir Ferdinando
Gorges, to whom the province of Maine had
been granted, and Capt. Mafon, the proprietor
of lands between that province and MafTa-
chufetts, projected a plan of dividing New-
England into twelve lordfhips, under the di-
reftion of a general governor. This bufi-
nefs feems to have made great progrefs at
court, but never to have produced any real
divifion of the country, or material injury to
the rights of the fettlers,

In the fame year a commiflion was iflued
to the great officers of the crown, at the head
of whom was archbifhop Laud, for the regu-
lation of the Colonies, which, among other
things, contained a power of revoking any
patent or other writing, or any privileges or
liberties granted by the crown concerning the
planting of the Colonies. In 1638, an order
was tranfmitted by them to governor Win-

throp

throp to fend over the patent ; and they were
threatened, in cafe of refufal, to move his Maj-
efty to re-aiTunie the whole plantation into his
hands. A procefs was carried a great length
againft the charter, but no judgment finally
given againft all the patentees. The General
Court fent an humble addrefs, in which they
dared not queftion their lordihips' power, but
prayed for his Majefty's clemency. The
caufe of the order as exprefled in it, was the
frequent petitions and complaints of the plant-
ers and traders in New-England, for want of
a fettled and orderly government there. Per-
haps the real caufe was owing to the effects of
the fettlement on the prerogatives of the crown,
which the removal of the patent had, by this
time, made evident.

Thefe petitions and complaints, which never
ceafed to rife up againft the country till the
charter was deftroyed, proceeded from various
caufes. It was the misfortune of New-En-
gland, that the geography of the country was
fo little known to thofe who claimed the
propriety of it in England, that the bounds
of their grants never could be afcertained,
nor any rational conftruftion be put upon
them, without throwing them upon each .

other,

39

other, and fo raifmg a multitude of interfering
claims. The Colony was therefore in difpute
with all its bordering neighbours ; and from
the nature of thefe controversies, perhaps too
from the fuperior ftrength and influence of
the Colony, there could be no probability of
their being terminated to the fetisfa&ion of
all the parties. This ferved to excite the
other Colonies, as well as individual grantees,
to complain againft Maflachufetts to the crown.

To this clafs of complainants we may add
particular perfons who were luppofed to fuf-
fer from the judicial decifions of their govern-
ment ; the natives of the country who ex-
preffed their difcontent at what they afferted
to be breaches of faith and intolerable oppref-
fions ;* and the various diffenters, who could
not but arife in a community fo particular m
the fundamental principles of its political and

•religious conftitution.

.

Whether all or any of thefe various com-
plainants had grounds for their accufations or
not, it is foreign to our plan to examine :
and probably the mere exiftence of thefe con-
troverfies was more the caufe of the confe-
quences which followed, by affording an oc-

cafion

* Secretary Morris's Letter, 1664.

4o

cafion to examine into the ftate of the coun-
try, than the merits of the fubjeds in difpute.

After the decapitation of King Charles L
however, the confufed fituation of England
prevented any particular attention to the Col-
ony, till Cromwell's government. The very
qualities which exifted in the character of the
inhabitants to render them difpleafing to the
late King, operated as much with the Protector
in their favour ; and he diverted all the com-
plaints of their enemies againft them. Yet
he procured the Navigation Adi to be pafled
by the Parliament, which was a fource of fu-
ture difficulty to the Colony, though it was
evaded in New-England at firft, as they ftill
Hatchinfon. traded in all parts, and enjoyed a privilege
peculiar to themfelves, of importing their
goods into England free of all cuftoms.

Upon the reftoratlon of King Charles II,
the old jealoufy of their principles revived ;
and in the year 1661, they received an order
that perfons fhould be fent over to anfwer to
complaints againft the Colony, with which
they complied, and fent an addrefs by their
agents to the King,

The

The refult of this agency feemed not un-
favourable to the Colony, as they received a
letter from the King, confirming and offering
to renew their charter, tendering pardon to
all his fubje&s, except fuch as flood attainted,
for all offences ; but requiring the following
conditions, that all laws made in the late
troubles, derogatory to the royal authority and
government, fliould be repealed ; that the rules
of the charter for adminiftering the oath of
allegiance be obferved ; that the adminiflra-
tion of jnftice be in the King's name ; and
charging the government that freedom, and
liberty of confcience in the ufe of the book of
common prayer, be allowed ; that all perfons
of good and honeft lives and converfations be
admitted to the facrament of the Lord's fup-
per according to it ; with an exception,
however, to any indulgence to Quakers.
The letter alfo enjoined impartiality in the
choice of magiftrates ; that their wifdom and
integrity alone fhould be confidered, without

».

regard to any faction with reference to their
opinion or profeffion ; that all freeholders of
competent eftates, not vicious in their lives
and orthodox in religion (though of different
perfuafions concerning church government)
fhould be admitted to vote ; and that at the

F next

next General Court this letter fhould be com-
municated and publifhed.

Thefe feem to be the terms on which the
privileges of the Colony were to be continu-
ed : and we can account for their not being
promptly complied with, only by recurring
to the ideas of the colonifts, concerning the
nature and extent of their allegiance and ob-
ligations to the Britiih crown. A people
who were of opinion that their common-
wealth was eftablifhed by free confent ; that
the place of their habitation was their own ;
that no man had a right to enter into their
fociety without their permiflion ; that they
had the full and abfolute power of governing
all the people by men chofen from among
themfelves, and according to fuch law& as they
ihould fee fit to eftablifh, not repugnant to
thofe of England, they paying only the fifth
part of the ore of gold and filver that fhould
be there found, for all duties, demands, exac-
tions and fervice whatfoever ; of courfe, that
they held the keys of their territory, and had
a right to prefcribe the terms of naturaliza-
tion to all noviciates :* fueh a people, I fay,

whatever

* See the defence of the order of Court of 1637, relative
to the admiffion of inhabitants ; and their addrefs to the
King 1664*

43

whatever alterations they might make in their
polity, from reafon and conviction, of their
own motion, would not be eafily led to com-
ply with the fame changes, when required hy
a King to whom they held themfelves fub-
ject, and upon whofe authority they were
dependent, only according to their charter :
and we mall find that their compliance was,
accordingly, flow and occafional, as neceffity
impelled them to make it.

In the next feflion of the General Court,
all procefies were directed to be carried on in
his Majefty's name ; the letter was commit-
ted for confideration, till the fubfequent fit-
ting ; all the inhabitants were invited to give
their opinions upon it ; and it was ordered
to be published, but with an exprefs injunc-
tion, that all acting upon it ihould be fuf-
pended, until the next feflion fhould take
place.

The imperfect and reluctant manner in
which the King's letter of 1662 was obeyed^
or fome other caufe, occafioned a commiffion:
to be iffued (April 5th. 1664) to four perfons*
of whom one was an inveterate enemy to the
Colony, to hear all complaints and appeals in

all

44

all matters, military, criminal and civil, and to
fettle the peace and fecurity of the country,
according to their found difcretions. This
eommiffion placed the management of the
controverfy in a much more mortifying and
critical fituation than it flood before ; as not
only the merits of the difpute were to be fet-
tled, but the place and manner of fettling
them feemed derogatory to the government ;
and all the accidental mifunderftandings, natr
urally engendered by a jealoufy of their im-
portance on the part of the commiffioners,
and by an indignation at being called before
fellow-fubjecl;s$ to anfwer to every complaint
that could be folicited againft them, on the
part of the court, were added to embarrafs a
bufinefs5 otherwife fufficiently perplexed.

After the arrival of the commifEoners, the
General Court altered the law that all free-
men mould be church members, as has beeu
mentioned ; and, having refolved to bear faith
and true allegiance to hisMajefty and adhere
to their patent, they agreed upon an addrefs
to the King, in which they fet forth their
rights under their patent, and the exercife of
their own government for above thirty years ;
the aflurances of favour which they had re-c

ceived

45

ceived from the crown ; and, as for the par^
ticulars of the King's letter of 1662 of a civil
and religious nature, they faid they had ap-
plied themfelv.es to the utmoft to fatisfy his
Majefty, as far as did conilft with conference
of their duty toward God, and the juft liber-
ties and privileges of their patent. They
Ihewed the appointment of the commiflioners
with the powers they poffelTed to be againft
the fundamental privilege of their charter,
and prognosticated that, fhould they proceed,
it would end in the fubverfion of their all.
They fuggefted that the object was to gratify
fome individuals by livings and revenues,
who, however, would be difappointed in
the refult, through the poverty of the
country ; and if by taking fuch meafures, the
people fhould be driven out of the land (for
they never would coalefce in them) it would
be hard to find others who would endure the
fame. They maintained that the body of
the people were fatisfied with the govern-
ment ; and in regard to his Majefty, they ac-
knowledged a juft dependence and fubjedion
according to their charter.

This addrefs hac] no tendency to check the
progrefs of the commiflioners, who, among

many

46

many other things, urged a compliance with
all the particulars of his Majefiy's letter
of 1662.

The General .Court ordered the oath of
allegiance to be taken by all freemen and
other houfeholders in the form prefcribed by
the Charter, which ftated the allegiance as
qualified by, if not the refult of, the charter
and colonial government. As the word of
God was the rule of trying offences in their
temporal affairs, fo they directed their clergy
to make it the rule of ecclefiaftical privileges,
which they confidered as a fufficient compli-
ance with the demands for liberty of con-
fcience in matters of religion.

They declared, that hearing and determin-
ing appeals from their judgments was in-
compatible with their charter. This of ne-
ceffity led to a denial of the commiffion in a
moft eflential point : and they explicitly
avowed this denial, when the commiffioners
began to exercife their appellant judiciary
power, which the court protefted againft,
and foon terminated all further proceedings
0f this reprobated tribunal.

If

—

If the General Court a£ted with lefs com-
pliance than their fituation required, the nar-
rative of the commiffioners breathed a moft
exafperated fpirit. Even the college and
its corporation were held up as the fource of
fchifm and rebellion. Perhaps the want of
dignity and moderation was one caufe of its
not having a more immediate and decifive
operation upon the Colony. However,on the
loth, of April, 1666, the King iffued an or-
der, requiring the General Court to fend per-
fons to be heard refpe&ing the complaints
againft the Colony, and the report of the com-
jniffioners,and to receive hisMajefty's pleafure
thereon; but they declined to comply with this,
and re-aflumed the jurifdidion of the province
of Maine, which the commiffioners had put
under the government of the King, until his
pleafure fhould be known, and which the
King, by his letter to the inhabitants of Maine
of June i ith. 1664, had ordered to be reftored

to Sir Ferdinando Gorges, as the proprietor,

/

Againft this want of compliance with the
King's order, the commiffioners failed not to
proteft, though without effe£t ; but in 1676,
agents were chofen to anfwer to the com-
plaints which Gorges and Mafon preferred

againft

ll

agahift the Colony : and affairs fee'gan
wear ib ierious an afpecT:, as to influence the
meafures of the government; and in 1679^
certain difputed points were no longer main-
tained. The General CoiTrt ordered the oath
of allegiance to be taken -without refervation ;
they pafled an acl: for punifhing high treafon
with death ; they ordered the King's arms tt>
be fet up ; and, although they informed their
agents that they apprehended the laws of
trade to be an invafion of their rights, as they
were not reprefented in Parliament, yet they
yielded compliance to them alfo*

But if a moment of accommodation ever
exifted it feems now to have been pafled.
Their agents were difm-ifled with a letter from
the King of July 4th. 1679, requiring that
agents fhonld be fent over in fix months to
anfwer what was undetermined, repeating the
fubftance of the letter of 1662 ; demanding
that the Colony fliould affign to his Majefty
the province of Maine, which they had pur-
chafed of the heirs of Sir Ferdinando Gorges,
upon their being repaid the fum of £.1200
fterling, the amount of the purchafe money ;
and that they ihould resal all commiffions

for

49

for governing that part of New-Hatnpfhire
which was granted to Mafon.

Obedience was fhewn to all the requifitions
of this letter except the fending of agents,
which they excufed themfelves from doing,
on account of their poverty occafioned by
the late expenfive war, and the affigning of the
province of Maine, concerning which they
were filent. This negled was the fubjed: of
a royal letter the next year, which required
them to fend the agents in three months ;
and on the 21 ft. of October, 1681, the King
wrote again, acquainting them of complaints
that his colledor had not been able to execute
his office, and requiring that fit perfons be
fent over without delay to anfwer thefe com-
plaints, with powers to fubmit to fuch regula-
tions of government as his Majefty fhould
think fit, and that appeals fhould be admitted.

In the anfwer of the General Court they
denied the charge refpeding the colledor, but
hoped that the fubjed of admitting appeals
would be further confidered. However, the
choice of agents was to be no longer defer-
red, yet their inftrudions to the agents were,
not to do or confent to any thing that fhould

G violate

violate or infringe the liberties and privileges
granted by charter, or the government there-
by eftablifhed.

Upon infpecting the powers of the agents
in England, they were found to be inade-
quate to what was required ; and the council
ordered, that unlefs fuch fhould be fpeedily
obtained, a quo warranto fhould iflue againft
the charter. This being ftated to the Gen-
eral Court by their agents, left them to decide,
whether the interefts of the country were to
be beft ferved by refigning the government
to his Majefty's pleafure, or by (landing the
iflue of the threatened procefs. Such a dilem-
ma was truly interefting, and awakened all
the feelings of the people. The danger was
rather irritating than difmaying in its opera-
tion ; and the majority, difdaining the idea of
political fuicide, were for leaving the charter
to the direction of its fate. The General
Court agreed upon an addrefs for themfelves,
and another to be figned by the inhabitants,
to be preiented to the King by the agents, or
withheld, at their difcretion : but they were
inftrufted not to give up the deeds of the
province of Maine unlefs it would fave the

charter ;

5*

charter ; and to make no conceffions of any
charter privileges conferred on the Colony.

From this period we may date the origin
of two parties, the patriots and prerogative
men, between whom controverfy fcarcely in-
termitted, and was never ended until the
feparation of the two countries. Such as
were for adhering to their patent naturally
won the feelings of the people, and received
their confidence in proportion to their zeal ;
whilft fuch as hoped to affuage. a power which,
in their opinion, could not at this period be
overcome, were fubjecl: to the reproach of
cowardice, or felf-interefted motives,.

This appearing to be the difpofition of the
Colony, it was determined that a quo war-
ranto fhould iffue, and the agents returned to
Bofton on the 23d. of October, 1683. In a
few days after them the procefs arrived, with
a declaration from the King, that in cafe of a
full fubmiffion from the Colony before pro-
fecution, he would regulate their charter for
his fervice as well as their good, making no
further alterations than fhould be neceflary
for the fupport of his government. This pro-
pofition divided the legiflature. TheGovernor

and

and major part of the affiftants voted not to
contend in law, but to fubmit to the pleafure
of the King ; but the reprefentatives, after a
fortnight's confideration, refufed to give this
vote their concurrence ; and a letter of attor-
Hutchinfon. ney was fent to a fuitable perfon to appear
and anfwer in behalf of the Colony,

It feems that this procefs was iffued from
the Court of King's bench, where the attor-
ney was accordingly authorifed to appear ;
but for fome reafon or other proceedings were
not further profecuted there, and a fcire
facias was iffued againft the Colony from the
Court of Chancery, on the i6th. day of April,
and was not received until the return day
had expired ; by means of which, judgment
was given againft the Colony on the i8th.
Revoi. inN. June, 1 684, fubje& to an appearance and de-
fence at the next term, without their being
heard, or receiving timely notice to appear.

Thus fell the good old charter, valuable for
its defects fo happily fupplied, as well as its
powers. But with it fell not the habits it
had engendered, nor the principles which the
fettlement of the country had infpired. Thefe
were for a time flightly hidden in its fall, but

foon

53

icon fprung up again more deeply rooted,
and renovated with perennial ftrength : nor
have they ceafed to flourifh till, in their turn,
they have overrun, and probably forever
buried, every germ of defpotifm and royal
authority, in this republican foil,

CHAP. III.

Androfs*s adminiftration — Charter of William
and Mary — Controverfies about the infiruc-
tions for fettling and fixing the Governor s
falary.

^OTHING could have better juftified the
jealoufy which the people had enter-
tained of their charter-rights, however it may
increafe our admiration at the want of pliancy
in the early ftages of defending them, than the
adminiftration which fucceeded the affump-
tion of the government by the crown. James
II. who was at this time on the throne, ap-
pointed Sir Edmund Androfs Governor of
the Colony, and vefted him and his council
with all the legiflative and executive powers.
The firft appearance of this Governor was

abated

54 .. I

abated by the more dreadful idea which had
taken place, that Kirk, a moil bloody inftru-
ment of tyranny, was to have had the com-
miffion. But the fubdeties and rigour of
defpotifm foon convinced this free people of
the change that was operating in the ground-
work of their liberties. He held that their
lands had been given by the King on condi-
tions not performed ; and that, upon the lofs
of the charter, the foil reverted to the crown.
By this feudal principle, he endeavoured to
create a neceffity for the renewal of every
man's title to his real eftate, which, in fac~t,
made him the vender of the lands at his own
price ; Jfince the fees of .office for confirming
titles were at firft unlimited, and when eftab-
limeci by law, were fixed at the moft unrea-
fonable rates. He levied taxes without the
confent of the people, and punimed with
feverky fuch as refufed obedience. The
rights of the fubject in criminal trials were
grofsly violated, and the corporate powers of
the towns, the inhabitants of which were al-
lowed to meet but once annually, and that
for fpecial purpofes only, were fwept away
with the charter. The people were told by
the judges in open court, that they had no
more privileges left them, than not to be fold

for

55

for flaves, and that the benefit of the laws of
England did not follow them to the end of
the earth : and this they, in fact, found to be
true, though their diftance did not exempt
them from the penalties.

Happily for them, the revolution in the
mother country in 1688, afforded an exam-
ple which they wanted not fpirit to imitate.
Upon hearing of the Prince of Orange's land-
ing in England, whilft his fuccefs was wholly
doubtful, they aflembled in arms, imprifoned
the Governor and his aflbciates, and re-af-
fumed their government, in the form in
which it exifted under the charter. Sir Ed-
mund Androfs and his coadjutors were after-
wards fent home, to receive fuch punifhment
as the King and Parliament fhould think
meet for their crimes ; but, under pretence
of the charges exhibited againil them before
the King and Council not being figned by
the colonial agents, both parties were difmifT-
cd, and this tyrant of New-England was af-
terwards appointed Governor of Virginia.

No part of the Britifh dominions had more
to exped from the acceflion of William and
Mary to the throne than the people of Maf-

fachufetts.

fachuietts. By the privation of their charter
they were thrown upon the mercy of the
crown. Their rights feemed to be confider-
ed as fo effentially dependent upon this, that,
when it was deftroyed, they flood not upon
the footing of their brethren at home. They
conftituted no part of a Parliament, which
was the natural guardian of the national lib-
erty againft regal encroachments. They
could neither purchafe privileges by adminif-
tering to royal profuiion, nor gain an influ-
ence by adding to the weight of faction.
Placed beyond a commanding diftance, they
had only to plead their fervices in extending
the Britifli dominions, and in diffufing the
doctrines of Chriftianity among the idolaters
of the wildernefs. But a prince educated in
the military habits of King William, and with
whom the reftoring of the rights of his new
fubjedts was, perhaps, a fecondary motive, in
accepting their throne, to that of humbling a
rival crown, could not again commit all the
powers of government into the hands of the
colonifts.

The fubjeftsof difpute therefore informer
years, it was to be expeded would be fettled
in favour of the crown. Accordingly, when

at

SL

at the requeft of the colonial agents, a new
charter was granted, a fufficient guarantee was
inferted in favour of the members of the
Church of England, by a claufe allowing lib-
erty of confcience in the worfhip of God to
all Chriftians excepting Papifts ; appeals to
the King and council were fuppcrted in all
perfonal actions above three hundred pounds
fterling in value ; and the exercife of admi-
ralty jurifdiclion was referved to the crown.
But the great reftraint laid upon the Province
confided in the appointment of the Governor,
Lieutenant-Governor and fecretary by the
King ; veiling the Governor with a negative
upon all laws and elections made by the
council and houfe of reprefentatives ; and
iubj acting the laws, even when thus fanc-
tioned, to rejection by the King, within the
term of three years from their paffing. Be-
fides thofe aforementioned, the differences
between the old charter and the new, con-
fifled in an exprefs authority for exercifmg
powers which had been in conftant ufe from
fuppofed neceffary implication. Thefe were
the privilege of a houfe of reprefentatives as
a branch of the legiflature, the levying of
taxes and erecting courts for the trial of capi-
tal crimes, and the probate of wills and grant-

H ing

ing of admiaiftrations on inteftate eftates,
which were exprefsly given to the Governor
and council.

Whilfl the privileges of the people were
thus diminifhed, the territory of the Province
was enlarged. The colony of New-Plym-
outh, the province of Maine, and the coun-
try of Nova-Scotia, with the lands between
the two latter, were joined to MaflTachufetts,
and formed an extenfive tract of not lefs than,
eight hundred miles in length.

Out of this fpacious domain, the only new
refervations made were the timber fuitablc
for the mafts of the royal navy, and grants of
land between the river of Sagadahock and
the gulph of St. Lawrence and Canada rivers,
which were not to be valid without the
King's approbation.

In order to reconcile the inhabitants to
their new .charter, the nomination of the firft
Governor was left to their agents in England,
with the reftri&ion only of his being a mili-
tary character. Sir William Phips, a native of
the province of Maine, who had com-
manded the forces that took Port Royal and

conducted

59

conducted the Canada expedition in 1690,
was therefore appointed to the office. Du-
ring his fhort adminiftration, no important
difpute upon the rights of the Colony ap-
peared, and, in the abfence of the Earl of
Bellamont, who was his fuccefibr, when
Lieutenant-Governor Stoughton was com-
mander in chief, the continual hoflilities with
which the Province was furroimded, engrofT-
ed the general attention. Upon his Lord-
fhip's exercifmg the functions of his office in
perfon, the liberality of the General Court
prevented any complaints refpedting his fala-
ry ; but upon the appointment of Governor
Dudley, the crown, realizing a fecurity for
enforcing its inftrudtions to the Governors, in
their dependence upon its authority, and hav-
ing vefted them with ample powers by the
new charter, had only to render their falaries
permanent, to eftablifh its control over the
proceedings of the legiflature. He accord-
ingly produced inftrudtions, among other
things, that the falaries of the Governor and
Lieutenant-Governor, for the time being,
ihould be fettled and fixed ; but the confe-
quence of this was too well underftood for
the meafure to be adopted, and the houfe of
reprefentatives, having declared that it would

be

6o

be of no fervice to her Majefly's intereft to
comply with the inftru£tions, the council alfo
advifed directly againft it.

After Governor Shute had found his in*
ftru colons for encouraging Britifh manufac-
tures thwarted by a propofed impoft on En-
glim goods, and had fuffered a diminution of
his falary both in the nominal fum granted
to him and in the depreciation of the curren-
cy, he produced a like inftruction with no
better fuccefs. Controverfies multiplied.
His right of negativing the fpeaker of the
houfe of reprefentatives was denied, and they
a {Turned the right of adjourning for a week
without his knowledge. His powers as com-
mander in chief were ufurped by them.
They refufed granting falaries until he had
acted upon the proceedings of the General
Court ; and, in fine, rendered him fo uneafy
in his government, as to compel him to re-
turn to England with complaints againft the
Province ; of which the refult was, that the
government of the Province was obliged ta
accept an explanatory charter, dated Auguft
1 2th. 1 724, confirming the right of the Gov-
ernor to approve or difapprove of the fpeaker
of the houfe, and declaring their right of

adjourning

adjourning -without his confent to mean only
from day to day, or, at moft for a term not

exceeding two days.

The great theme of Governor Burnetts
adminiftration was the fubject of litigation, in
which his predeceflbrs had been fo unfuccefs-
ful. He entered into it fully and with fpirit*
Yet his exertions were not only ineffectual.,
but he moft probably deftroyed an amiable
life, by the exercifes and agitations of fo un-
grateful a contention.

Governor Belcher came into office with
confiderable advantages from the ftruggles of
thcfe who had gone before him : for, although
the General Court had hitherto perfevered in
refilling to eftablifh a falary, yet the contro-
verfy in other points had terminated againft
them ; and they were evidently willing to do
more, particularly as to the amount of the
grant, than when they firft entered upon the
difpute*

Finding, however, that the General Court
would not recede from their reiblution againft
fettling a falary upon the Governor fcr the
time being, he direded his exertions to pro-
curing

curing an eflablifiiment during his continu-
ance in office. But, after flattering profpe&s
of fucceeding thus far, he failed even in this,
and thenceforth gave up all ideas of carrying
the meafure. He finally obtained leave of
the crown to accept fuch fums as fhould be
granted ; and fo terminated, for this time,
one of the moft memorable conflicts between
the crown and the Province, which its politi-
cal hiftory hitherto affords. When in fub-
fequent years, the fcheme for rendering the
Governor independent of the people was
revived, in connexion with extenfive plans
for fubjngating the country, controverfies of
this nature were fuperfeded, by his being paid
immediately by the King himfelf, out of the
royal exchequer,

It was the good fortune of Governor Shir- •
ley's adminiflration, that, although parties
cxifted who had given much trouble to the
chair, and had exercifed the deepeft arts of
intrigue in difplacing Governor Belcher, yet j
he found the means of oppofing them to each
other, and gradually drawing them from the
objeds to which they were attached. But
he was foon affifted by a more fure and gen-
eral principle, in the hatred of the French and

the

the indignation entertained at their encroach-
ments. This feemed ingrafted in every
one's mind in connexion with the fafety of
the Province ; and animated all to exertions
for the effentiai fervice of the crown and
country, in which the finaller and lels hon-
ourable conliderations of party intcreits were
fwallowed up.

CHAP. IV.

Military charafter of the people — Philip's
'war — Various expeditions — 'Taking of Cape
Breton in 1745 — Peace of Aix la Chappellc
in 1748.

TN reviewing the early hiftory of Maflachu-
fetts, it is impoffible to pafs by the military
chara&er of its inhabitants. Modern igno-
rance, againft the influence of climate, the
habits of conftant danger, and the ftock from
which they originated, has, for a moment,
pretended, that they were deftitute of that
degree of courage, which is generally bellow-
ed upon the other nations of the globe. If
this groundlefs affertion had not been dif-

proved

64

proved by the victories they have fmce gain-
ed over a powerful enemy, it would {till have
remained unfounded from the train of events
in their more ancient hiitory. If it can be
confidered as an apology for this fuggeftion,
that it was founded on a comparifon of their
troops always newly levied, with forces of
long eftablifhment, the truth would be highly
exaggerated ; and a comparifon of them with
the people of any other country, under the
fame circumftances, would deftroy the affer-
tion, or in foine inftances, perhaps, completely
reverfe it.

In {ketching this part of our fubjed, one
of the moft painful ideas which occurs in con-
templating the fettlement of America by
Europeans, I mean the decayed and unim-
proved condition of the natives, will rife into
view. So irreconcileable is the Cavage mind
to a ftate of civilization, that one is almoft
led to confider it as in an inacceffible depart-
ment of nature ; too independent to be fub-
jeded to art, and rather prefuming to com-
pare its bleffings with thofe of regular fociety,
than coveting the more refined enjoyments
which the latter affords. And, as though it

was to be conceded that the favage ftate of

man

man in its full flrength is too powerful for
civilization, it is remarkable that, when the
European fettlers were introduced to New-
England, a moil definitive malady had pre-
vailed among the aboriginals, which had
made the country, comparatively, a deferted
wild, prepared for the reception of its foreign
viiitors without immediate conflict. How-
ever, the remains of the five great tribes in
this country, whofe force in their flourifhing
flate might have amounted to 18,000 war-
riors, were ftill fufficient to have exterminated
the Engliih, had it not been for the inferi-
ority of their arms ; and perhaps even this
circumftance would not have effected their
conquefl, had they preferved that mutual in-
telligence and communication which their
common intereft required. Fortunately for
the people of Maflachufetts, either the com-
. mercial and peaceable difpofition of their
tribe, or the progrefs of civilization and con-
verfion to Chriflianity, which fometimes af-
forded flattering profpects of fuccefs among
the Indians, preferved the Colony, for near half
a century, from the hoilile fhedding of blood
within its boundaries ; and fo averfe were
the natives from an appearance of war, that
when doubts of their pacific intentions were

I made

66

made known, they removed them by a faith-
ful furrender of their arms ; not that the
Colony was, during all this time, a quiet
fpedtator of the wars which were carrying on
without its limits. In 1637, it joined the
forces of Connecticut and Plymouth, employ-
ed in waging war againft the Pequods, who
inhabited a country near the mouth of Con-
necticut River, by which this martial tribe
was extinguifhed. But this conflict was at
a diftance, and peace continued at home,
whilft the principles of the gofpel were en-
circling the Colony for near fifty miles with
a converted race, who were the watchmen of
its fafety. Never were the labours of the
primeval apoftles more faithfully copied than
by the venerable Eliot, and the other miffion-
aries, who taught the doctrines of Chriftianity
to the Indians ; and never was a meafurc
adopted more prefervative of the exiftence of
the Colony. This finally defignated among
the natives its friends from its foes, and by
enervating their bloody fyftem of warfare,
threw them upon the Englifh for defence
againft the moft dreaded of all their enemies,
the cannibals, compofing the nation of Mo-
hawks. The fachems beheld their progrefs
with fo much jealoufy and terror, that they,

at

at times, endeavoured to make it an article of
treaty, that no more converfions fhould be
attempted : and, when the ufe of fire- arms
began to be underftood among the favages,
Philip, the chief of the Wamponoags, con-
templated the great objecl: of exterminating
the religion and its profeflbrs from the whole
land of his forefathers.

This fachem was the third who had head-
ed the tribe fmce the arrival of the Englifh.
He had feen his father and brother die in
fubjedion to their fovereignty, and daily
obfervation convinced him what would be
the effed: of advancing their fettlements upon
the waters and forefts which had been hither-
to ranged by his people for their fupport.
However his early predeceffors might have
afcribed the emigration of the Europeans to
the want of fuel or other fimple caufes, yet the
combined flate of their fociety, fo unlike the
loofe incorporation of his own national fami-
ly ; their exclufive mode of occupying lands,
and enjoying moveable property, fo different
from the common ufe made of the one by
the favages, and from their furtive ideas con-
cerning the other ; their power in war fo
definitive to their enemies ; the rapid in-

creaie

68

creafe of their numbers, and their fpirit of
enterprife and encroachment, exceeding even
their increafe, muft have driven him, from
fpeculative conjectures of fuch a nature., to a
realizing view of the effects which were
about to follow their fuccefs. Thefe operated
fo forcibly upon his fears and his ambition^
as to induce him to engage the furrounding
tribes in his undertaking ; and, although the
chriftianized Indians were faithful to their
fpiritual leaders, yet their numbers were com-
paratively fmall, and an. extenfive. circle of
allies were not wanting to his plans. The
murder of a converted native difclofed his
intentions, and anticipated their execution.
The frontiers of New-England, excepting the
fortunate fettlements of Connecticut, were
ftruck with fire and Daughter. Efforts of
defperate refolution, in penetrating the treach-.
erous receffes of the wildernefs, were the only
means of preferving the inhabitants from the
iubtle furprifes and mercilefs ravages of their
enemy. In this ftruggle for the country^
feats were performed on both fides, which,
had they been difplayed on a more confpicu-
ous theatre, would have excited univerfal ad-
miration. The nature of fuch a conflict is

hardly to be realized in a territory invaded by

a civilized

a civilized foe, where the regular operations
of war afford fome rule for calculating the
times and degrees of its calamities, and
where defeat is not the certain prefage of tor-
ture and death,

After a jeopardy of more than a year to
the whole fettlement, a conclufion was put
to the war on the weftern borders, by the
death of Philip, the author of all the diftrefs,
on the 1 2th. day of Auguft, 1676, and a
treaty was fettled with the e after n enemy on,
the I jth. day of November following.

But nothing feemed to be feverer in the
fortune of the Britim Colonies, than that after
they had purchafed and conquered their terri-
tory, unaided by foreign interference, the
peace which was the natural effect of their
exertions, fhould be fubjeft to be difturbed
by the broils of the parent countries ; and
that, after the bravery of their people had
relieved them from the natural ftrength of the
aboriginals, they fhould be devoted to attack
it again, when infpired with auxiliary force

from European enemies,

After

o

After an Interrupted peace, hoftilities were
openly renewed, by the eaftern tribes, in the
year 1688, and the Colony was inceflantly
harafled till after the peace of Ryfwick was
declared at Bofton, in 1697. ^n ^e fecond
year of this war, they loft their Fort at Pema-
quid ; but in 1690, they reduced Port-Royal,
taking poffeffion of near ninety leagues of fea
coaft. Encouraged by this fuccefs, with un-
equal fortune, they equipped a fleet with two
thoufand men, upon an expedition againft
the city of Quebec, the failure of which ne-
ceflitated the government of Maflachufetts
to have recourfe to paper money for relief.
In 1693, a peace was concluded upon with
the Indian enemy, who broke it in the year
enfuing ; and in 1 696, the ftrong fort at
Pemaquid, which had coft the Province im-
menfe fums, confidering its pecuniary re-
fources, was taken by the French and demol-
iihed.,

After a refpite of only five years, the ene-
my renewed their attacks at the weftward in
the year 1703, and peace was not reftored to
the Province till the treaty of Utrecht in
1713. During this period, the Maflachufetts
government fwept the coaft from Pifcataqua

to

zi

* * *

to Nova-Scotia with five hundred and fifty
men, taking the town of Menis in 1704^
and in three years afterwards, one thoufand
men were tranfported to capture Port-Royal,
who made two unfucccfsful attempts upon
that fortrefs. In the year 1710, the Province
furnifhed two complete regiments, with the
neceffary (hipping, in aid of the fquadron and
army who captured that place. They fup-
plied, with great inconvenience and diurefs
to themfelves, ten weeks provifion to the
forces under Nicholfon, who were difperfed
by fhipwreck in an expedition againft Canada
in 171 1. In fhort, in one fummer, one fifth
part of their inhabitants capable of bearing
arms had been in pay ; they are computed to
have loft from five to fix thoufand of their
youth fince Philip's war, and, of courfe, to
have fuffered by the check in their popula-
tion, not lefs than 100,000 fouls in that
period.

Thefe diftrefies formed a difproportionate
{hare of the general calamity of the Britifh.
Colonies on the part of Mafiachufetts and
New-Hampihire, who were the chief objects
of the vengeance of the enemy. They were
a fhield to Connecticut and Rnode-Iiland ;

and

21

and New-York was io fortunate as to be in
an actual ftate of neutrality for a number of
years*

Even wheri the French and Englifh kings
were at peace, the influence of the Catholic
priefts operated upon the favages to diftrefs
the Province. In the year 1720^ they com-
mitted hoflilities at Canfo, and on the 2jth.
of July, 1722, they having repeated them at
Merry-Meeting Bay, the Governor declared
war againft them. After fuffering as ufual
from their bloody ravages, the Province made
a fpirited attack upon their fettlement at Nor-
ridgewock, and entirely deftroyed it in the
year 1724; and peace was concluded in the
year enfuing.

It is not within our plan to give a minute
detail of thefe diftrefsful wars ; and moft of
our readers would be glad to be exempted
from viewing the mocking fpe&acle, were
we to exhibit it in all its terrors. It is fuffi-
cient to obferve, that the favage generally fu-
perfedes the neceffity of valour by his cun-
ning in planning the attack, which is always
made with the greateft advantage. When
he is overpowered, he fights rather with def-

pair

73

pair than courage. The manly defence of an
enemy infpires only revenge, and bravery
conquered mares the fame fate with timid
refiftance. The death of a warrior is atoned
for by the blood or flavery of a captive ; and
as fuccefs infpires not magnanimity, fo im-
potency and defeat befpeak the malignant
feelings of his heart, by high-fwoln threats
and tantalizing irony. Let us therefore be
excufed from relating the actions of fuch a
being ; the deliberate murders from which
fex or age could not refcue a vidim ; the
perfidious violations of plighted faith ; and
the black revenge, which has lafted even after
the privation of life, exercifmg its mocking
ingenuity to burlefque the remains of the hu-
man figure, by caracatures that one would be
led to fuppofe> were abhorrent to the native
fenfe of man.

After the New-England Colonies had
ftruggled, for more than a century, againft
the arms both of the aboriginals and the
French with various fuccefs^ the period arrived
when fortune was to do juftice to their val-
our, by events which operated with prevail-
ing force on the belligerent powers of Europe.
One of the firft objects of the French, at the

K opening

74

opening of the war in the year 1744, was the
capture of the province of Nova-Scotia, which
was garriibned by Maflachufetts, and had been
fecured by its protection. The ifland of Canfo
was taken, and the forces who defended it were
carried to Louifoourg, before the proclama-
tion of war was known at Boftori. Anna-
polis-Royal became then the only fortrefs
which remained to awe this contefled terri-
tory. The enemy were not infenfible of it,
and directed all their ftrength at this object
Twice the government of Maflachufetts ref-
cued it from their hands ; and, at laft, find-
ing the port of Louiibourg, in the ifland of
Cape Breton, to be the fource of conftant in*
vaiion ; and that from various circumftances,
it had become expofed, and might probably
be carried by a vigorous aflault ; they deter-
mined, at the motion of their enterprizing
Governor Shirley, to attempt to reduce it.
The expedition to effe£t this, which likewife
relieved Annapolis-Royal the third time, was
an achievement refulting from an high fpirit
of enterprize ; maintained by confiderable
refources ; and evidencing a generous partici-
pation in the war of the mother country,
which raifed a ftrong claim to her future

patronage and fuppon.

The

If

The forces employed by Maffachufetts to f -
reduce the ifland of Cape Breton confided of
upwards of 3,200 of their own men, who
were aided by 500 from Connecticut and 300
from New-Hampfhire. In addition to thefe,
300 arrived from Rhode-Ifland, but not un-
til the enemy had furrendered. Ten veffels,
of which the two largeft carried only twenty
guns each, with the armed floops of Con-
necticut and Rhode-Ifland as cruifers, confti-
tuted the whole naval force, until the arrival
of the forces at Canfo, where they were join-
ed by a fquadron of the King's ihips under
Admiral Warren. The men embarked on
the 24th. day of March, 1745, and being
landed on the ifland of Cape Breton the 3Oth.
of April, the operations were continued
againft Louifbourg until the I yth. of June the siege of

following, when it was furrendered. The
New-England men loft only 101 men, killed
by the enemy and accidental caufes, and S^ke of
about 30 who died of ficknefs ; whilft the
French were fuppofed to have loft 300, who
were killed within their walls. The ftrength
of Louifbourg, which was regularly fortified,
and garrifoned by 650 veteran troops and
1,300 effective men of the inhabitants, and
the relative confequence of the ifland as af-

fecting

76

fe£ting the other fettlements of the contend-
ing powers, places this voluntary enterprize of
New-England in an important point of view.
Cape Breton was ufeful to France in various
refpe&s. Its local connexion with the fifh-
eries, whence her naval power began to draw
a degree of refpe&ability that threatened to
rival that of her enemy, made it a commo*
dious ftation for their encouragement. Its
dividing the principal ftations of the Englifh
fifheries at Newfoundland and Canfo gave
a check to them. Louifbourg, the chief port
in the ifland, was the French Dunkirk in
America, whence privateers were fitted out
to infeft the coaft of the Britiih plantations,
and where prizes were conveyed in fafety :
The French Eaft and Weft-India fleets found
a fecure harbour here, and the fupplies of fifh
and lumber could be carried with conven-
ience from this port to their fugar colonies*.
Befides which, Cape Breton had the com^
mand of the entrance into the gulph of St.
Lawrence, which led to Canada, the increaf-
ing and favourite colony of France. If all
thefe local advantages did not accrue pofitively
to Great-Britain upon the capture of this
ifland, yet wrefting them from the hands of
her enemy, was almoft equal to it ; and there

was

77

was one of great confequence arifmg to her
from the exifting ftate of Nova-Scotia at this
time. An expedition was proje&ed by the
French to re-conquer that province. The
taking of Cape Breton fruftrated the execu-
tion of the plan, and gave the Englilh an
additional bridle over this half-revolting
country,

The exertions of New-England in this
conqueft drew the military preparations of the
contending powers the enfuing year into
America, On the one hand, Great Britain
confidered it as an important preparatory
operation to the conqueft of Canada ; and
France received an alarm from it, which led
her to feek the re-conqueft of Acadia. The
Englifh plan was to fend eight battalions of
regular forces, with thofe of New-England,
up the river St. Lawrence to Quebec ; and
the troops to be raifed in New-York, Penn-
fylvania, Maryland and Virginia, after affem-
bling at Albany, were to prpceed acrofs the
country by land to Montreal. The whole
number required of the Britifh Colonies wras
five thoufand fighting men, of which MafTa-
chufetts voted to raife three thoufand five
hundred, with an adequate fum of money

for

78

for defraying the expenfes of their transports
and provifions.

The armament from England not arriving,
the managers of the war in America con-
cluded upon an expedition againft the French
fort St. Frederick, fituated upon Crown-Point,
which lay in the route of the troops from
Albany to Montreal ; and ferved as a place
of rendezvous to the enemy, whence they
made their excurfions upon the Englifh fet-
tlements. Fifteen hundred of the Maffachu-
fetts forces marched to Albany upon this ex-
pedition.

\

On the other hand, the exertions of France
though ineffectual beyond all expectation in
a general view, yet checked the effect of the
zeal of the Britiih Colonies, in attacking her
American dominions. The Canadians and
Indians drew themfelves down from their
province, in order to co-operate with a re-
fpedable armament fitted out from Breft and
the Weft-Indies, faid to have confifted of near
half the naval force of France, for the reduc-
tion of Acadia. This induced the Gover-
nor of Maffachufetts to order fix hundred of
the provincial forces for the fupport of An-
napolis.

napolis. That part of the French fquadron,
which proceeded from the Weft-Indies, un-
der M. Conflans, not meeting the European
fleet under the Duke D'Anville, on the coaft
of Nova-Scotia, quitted the expedition. A
tempeftuous paffage delayed and fhattered the
latter ; and a multitude of unforefeen difafters
wholly deftroyed their projected conqueft :
not, however, until they had alarmed all the
fea-coaft, drawn a very large number of the
militia into Bofton, and put the Province
to the expenfe of adding very refpedable
works to the caftle in the harbour. This
event delayed the expedition againft Crown-
Point until fome of the Colonies thought it
too late in the feafon to fucceed.

The Canadian forces determining to win-
ter in Nova-Scotia, rendered this province a
fubjecl: of continued anxiety and expenfe to
Maflachufetts. Governor Shirley refolved,
after again reinforcing the garrifon at Anna-
polis, to drive them out of Minas, where they
were feated ; and, in the winter of the year
1746, a body of troops was embarked at
Bofton for the former place. After the lofs
of a tranfport, and the greateft part of the
foldiers on board, the troops arrived ; and

re-embarked

8o

re-embarked for Grand Pre, in the diftricl of
Minas, in the latter end of December, when
the rigour of the climate might have beeri
iuppoied to have operated as a guard againft
an attack. The iffue was5 that, being can-
toned at too great diftances from each other^
and La Corne, a commander of the French^
having intelligence of their fituation, forced a
march from Schiegne£to, through a mo ft
tempeftuous fnow florin, and furprifed them
at midnight. After lofmg one hundred and
fixty of their men, in killed, wounded and
prifoners, the party were obliged to capitu-
late, not, however, upon difhonourable terms ;
and the French, in their turn, abandoned the
poft.

In September, 1747, m obedience to or-
ders from the King, the troops were difband-
ed, excepting; fo many as were riecefiary for

Gen. Court r ' J

Record*. the defence of Nova-Scotia, after having
Memoirs of created an expenfe to the Province of near
the principal f 8 Ooo fterlinp; for their fubfiftence only :

tranfafhons ^ J

of the late ancj oll ^ g^^ jay of May, 1 749, the

war, reprint- * ' /^^3

ed at Bofton Governor received the King's proclamation
for a general peace,

By

SHIRLEY. Si

By the articles of this peace, New-England
had the mortification to find her boafted
conqueft of Cape Breton taken away, in a
compromife for reftoring the French conquefts
in the Low Countries, to the Emprefs Queen
of Hungary, and the States General, and for
a general reftitution of places captured from
the other belligerent powers* This ifland
was delivered back to its former matters, on
the 1 2th. day of July, in the year 1749;
and Maflachufetts was left to calculate the
cxpenfes of her warfare.

C H A P. V.

Debt of the Province — Origin and progrcfs of
Paper Money— Land Bank — Bills of credit
redeemed — Proceedings of the Hoitfe of Re-
prefentatives in the cafe of James Allen,
Efquire — Drought — Conference with the
Delegates from the Penobfcot Indians.

HPHE war which terminated in the treaty I74s,

of Aix-la-Chappelle, on the eighteenth •
day of October, 1748, difplayed the charac-

L ter

82 SHIRLEY,

ter of the New-England Colonies in an ele-
vated point of view, and with profpe&s of
increafmg greatnefs. Before this period, as
we have fhown, there had not been wanting
in their inhabitants a zeal and fortitude, pe-
culiar to the principles on which they had
emigrated, and to the habits which they ai-
fumed upon their fettlement in the country.
They had planted a wildernefs, and the
favage tribes in their neighbourhood had
been either fo far civilized as to affociate up-
on friendly terms, or had been controlled,
conquered, and in fome inftances extermi-
nated, by the force of their arms. This too
had been effected without affiftance from the
crown which they were under, and without
involving it either in expenfe or war. When
they became objects of invafion to the French,
who had fpread themfelves in America,
through the internal paffages of the St. Law-
rence, Mifhfippi, and the intermediate lakes,
their exertions increafed with their enemies.
But in the war which commenced with
France, on the thirty-firft day of March,
1744, opportunities occurred of exhibiting
fpecimens of that ftrength and fpirit, which
afterwards contributed fo eflentially to the
aggrandizement of the mother country, and

finally

SHIRLEY. % 83

finally to their own fovereignty and inde-
pendence.

At the conclufion of this war, let us ex-
amine the Hate of the Province of Maffachu-
fetts Bay, recent from the conflict, and pre-
paring itfelf for that change of its primeval

manners and cuftoms, which wars and com-

» 7

mercial intercourfe with foreign nations, in-
creafe of population and other neceffary al-
terations in a growing country, will never
fail to produce.

Military glory is commonly followed with
national debt, and the pecuniary circumftances
of the Province were fuch as amounted to a
very liberal price for the fame acquired in
the purfuit of victory. The nominal value
of the unredeemed bills of credit was about Hutch- vol>

20. p. 435,

£.2, 200,000 currency ; the value when iflu-
ed about ^.400,000 fterling, and the provi-
fion made for redeeming them was fomewhat JJ0' *2
lefs than two hundred and fourteen thoufand
pounds of the fame money.* But the fum of
this debt ought not to be eftimated by figures

alone.

* Viz. ^*.i83,649..2s.7i: fterling, the reimburfement
money, and ^.75,000 tax, payable in pieces of eight at
us. 3d. each, equal to ^".30,000 fterling.

84 SHIRLEY.

alone. The general iituation of public affairs
afFords the ia-.-dt calculation of its total
amount. AV that part of the people who
depended upon :he income of monies loaned,
were under the diftreiTes of poverty, from its
operation. Public inititutions fupported by
funds, with which the caufe of literature and
education was intimately blended, were in a
conftant progrefs of decay. Officers and
ibldiers of the army, with all the civil officers
of the government, were paying the price of
depreciation, in a moft injurious difpropor-
tion. So violent was the effect of it upon
the clergy, to whom the parifhes were tardy
in making up the deficiency in the value of
their falaries, that the Governor told the
Governor's General Court that it feemed probable many
speech, Feb. of them would be neceffitated to betake them-
felves to fecular employments for a liveli-
hood.* Trade was, in a manner, reduced to

a ftate

* An idea of the aclual depreciation of the currency,
and of the baneful operation of it upon the happinefs of
the defencelefs part of the community, may very well be
formed from the following note in the Rev. Nathaniel Apple-
ton's Sermon, preached on the faft day in the year 1748.
" I am credibly informed of an ancient Widow, whofe
hufband died more than forty years ago, who had three
pounds a year fettled upon her, inftead of her dower ;
which three pounds would, at that day, and at the place

where

SHIRLEY. 85

a ftate of barter ; and, above all, the tempta-
tion every man was under, almoft in felf-de-
fence, to avail himfeif of an advantage in
his contract, not guarded againft by the par-
ties at the time when it was made, was daily
corrupting the morals and good faith of the
whole body of the people,

All muft have feen, though very few judg-
ed rightly of, the evils which the wrant of a
ftable medium of commerce had thus intro-
duced. The community feemed to have
been under the operation of an invifible
fcourge, until, like an envenomed adder, it
flung its own body, and increafed the caufe
of its irritation. Mutual reproach was the
refult of a misfortune for which no one or-
der of men was exclufively to blame. As
trade has the fir ft control over and is firit

affeded

where fhe lives, -procure towards her fupport the following
articles ; viz. Two cords of wood, four buihels of Indian
corn, one bufhel of rye, one bufhel of malt, fifty pounds
of pork, and fixty pounds cf beef ; which would go a con-
fiderable way towards the fupport of a fingle woman.
Now fhe can at moft demand but feventesn foill'ings and three
pence, new tenor ; which is but about an eighth part of
her original three pounds ; and be fure won't purchafe more
than half a quarter of the above neceiTaries of life : and
this fhe muft take up \yith ; becaufc there is no remedy in
law for her. And this is, in a meafure, the deplorable
•afe of manv widows in the land."

86 SHIRLEY.

Dr Apple- affe£ted by the currency, fo the merchants
ton's serm, feeme(j to ftand foremoft among the fubjecls

aforecited. J

of cenfure. Had they adhered to the laws
for fupporting the credit of the bills, by
giving no more for filver and gold than the
feveral governments had valued them at, and
fo putting no additional advance upon their
goods, the hufbandman and the tradefman,
it was laid, would not have been neceffitated
to have raifed the prices of their produce and
labour. Thefe latter were not excufed for
their indifcreet ufe of foreign luxuries. The
members of the AfTembly had their {hare of
reproach, for iffuing a currency in its nature
unftable, and incapable, in the courfe of
things, to fupport its credit ; and pious men
refolved the whole into the profanenefs and
wickednefs of the times.

This immenfe mafs of public obligation
derived its exiftence, in one fenfe, from the
neceffities of the Colony, after the unfuccefs-
ful expedition againft the province of Canada,
in the year 1690; when the plaufible idea
of only anticipating the annual tax firft in-
troduced bills of credit of an annual exiftence.
Punctuality was obferved in the redemption
of them until the year 1 704, when the pref-

fure

SHIRLEY. 87

fare of public expenfes, arifmg from diftrefs-

ful wars, induced the General Court to poft-

_ r c cies of the

pone the payment of taxes for two years at Britifh Pla
firft, afterwards for a greater number, and, at America"
length, for thirteen, until the pofcponement &c' I74°-
was at laft confined, by the operation of royal Hutch. VO
inftrudions, to the year 1741. A difcount a>p'°93*
upon the bills, in the purchafe of filver and
other articles of traffic, was the neceffary
confequence. Bills of a new tenor, and of a
greater relative nominal value, were emitted ;
but all flid down the fame lapfe of deprecia-
tion, as the probability of their being re-
deemed decreafed. Various fchemes were
propofed for calling in the aid of private
credit, which, at a time when the nature of
money was fo little underftood, did but in-
creafe the embarraffinents of the community ;
and the popularity of the bills of credit
growing with their mifchiefs, feemed to ren-
der all remedy hopelefs.

Such was the inclination of the legislature Anno
to avoid taxing the people, that a fcheme was

xxiiLcn* v oi«

formed to raife a capital upon the fecurity of l- P- 403.
individuals, and with the profits to provide
for the annual charges of the government-
They emitted ^.50,000 at firft, and after-

wards

S H I R L E Y;

wards ^.100,000 more, in bills of public
credit, which were placed in the hands of
truitees for a loan to private perfons, who
fhould be obliged to repay it, with intereft,
at itipulated periods ; and this intereft was
appropriated to defraying the public expenfes.
project: was afterwards formed by fimilar

A J

concerning

the curren- means to fupplant 2i paper currency by filver
Bmifhpian- coin. The loan was to confift of ,£.60,000,

tations in 1111 i

America,&c. and the borrowers were to be held to replace
it with fpecie. Banks became favourite ob-
jects ; and as the very remedy fuppofed the
want of money, land was the moft perma-
nent fubftitute on which it was imagined a

~n «• * credit could be raifed. There is a propofal

Diftreffed

state of the among others, printed in the year 1720, by
Bofton,with which real eftatc was to be mortgaged by

a Scheme for . ' J

a Bank, private pcrions tor the payment or the .
bills which they fhould iffue, and the profits
were to be laid out in the purchafe of filver,
as a depofit for discharging the bills, when
fufficient, and fo releafing the landed fecurity.
But when the reftriclion upon the poftpone-
ment of taxes to the year 1741, was about to
take effect, a Land-Bank was actually carried
into execution, for the oftenfible purpofe of
fupplying a currency, when the bills ©f cred-
it iffued by the government fhould be ab-

forbed.

SHIRLEY.

forbed. The fubfcribers or partners were to
pay in their intereft and principal in bills ; or
the produce and manufactures of the Province
(as taxes in former times had been in part paya-
ble) at fuch rates as the directors ihould eftab-
lifh. In order to counteract this institution,
a company was formed to iffue their private
notes, payable on demand in filver or bills of
credit equivalent, according to their current
value ; but their fcheme was ineffectual, Seelli
thouerh countenanced by Governor Belcher. speech,NoY.

/ az, 1740, &

The partners in the Land-Bank pufhed Jan-9-
the operation of their project to the great-
eft extent, and being uncontrollable by
any means within the Province, they were
diffolved by an Act of Parliament, which de- Hatclu Vot
clared the law, prohibiting fimilar inftitutidns
in England, to extend to the Britifh Plan-
tations.

If the operation of the King's inftructions,
in limiting: the period for redeeming the bills

O 1 <--'

of credit to the year 1741, and in prevent-
ing others being iflfued till the redemption
took place, but by acts fubjeet to his Majef-
ty's approbation gr.tnted previous to their
.effect, gave rife to fchemes for emitting

M fimilar

<jo SHIRLEY.

fimilar bills by private corporations, it never-
thelefs produced an arrangement with refpecT:
to thofe of the public, which was highly
productive of juftice ; and, no doubt, muft
have been a principal caufe in checking their
obferva- depreciation for four fucceffive years. They
above. had been made a fubftitute for the payment
JheHoufeof of debts in the year 1712, by fcreening the
i7e|3. a eftate and perfon of any debtor who fhould
tender them to his creditors. But in this

1743™' year, a law was pafled, enacting that bills of
credit then to be iffued fhould be valued at

ijth.Geo.' the rate of fix fhillings and eight pence for an
ounce of filver ; and that the fame fum, in
all debts to be contracted within five years
from the laft day of March, 1 742, (fpecialties
and exprefs contracts excepted) fhould be
deemed equal to the fame quantity of filver,
and fhould be paid therewith, or by bills of
credit, allowing for depreciation, if any
fhould happen. In two years afterwards, it
appearing that the bills of credit were the
moft natural ftandard for contracts to be
formed by, all debts to be contracted within
the period above fpecified (excepting as be-
fore) were ordered to be confidered as equal
only to the real value of the bills, at the time
of their being made ; but depreciation was

flill

SHIRLEY. 91

ftill allowed, from that time to the rendering
of judgment ; and by a fubfequent law, pro- ch. «!'
vifion was made for the allowance of depre-
ciation upon more ancient debts, during the
fame period of time.

»

The emiffion of bills of credit, however,
did not ceafe at this period, the wars in
Governor Shirley's adminiftration requiring voLi.P.5a*.
a quantity equal to the whole amount of the
exifting debts we have before ftated ; nor
did the laws, providing: for the allowance of

Hutch. Vol.

depreciation, extend by the practice of the *<*• p- 437-
Courts further than to debts on fpecialties,
that is, where the contract was exprefled to
be for fomething other than bills of credit ;
but on fimple contracts, which were by far
the moft numerous, no allowance was made.
And thus continued this fluctuating and
deceitful medium, taxing all clafles of inhabi-
tants infenfibly, but unequally ; drawing
away, by a kind of magic ftealth, real pro-
perty from its pofTeffors, and fubftituting
imaginary wealth in its place ; difaffecting
the people with each other, and threatening
to overwhelm pofterity with its evils, till a
caufe, which had greatly contributed to its

increafe,

92 SHIRLEY.

increafe, at lenth happily furnimed the means
of its abolition.

The efforts made by the New-England
Colonies in the late expedition againil Cape
Breton, were fo fignal, and had involved the
inhabitants in fuch deplorable perplexity and
misfortunes, that an equitable claim aroie up-
on the Parliament of Great-Britain for com-
penfation for fo unequal and beneficiary an

exertion in the common caufe.

.

The eitablifhing of this claim, and procur-
ing fatisfacHon for the expenditures of the
Province, was attended with a variety of dif-
ficulties from different caufes. Among thefe,
however, we cannot in juftice reckon a want
of liberality on the part of the Parliament,
confidering the reimburfement as it refpecled
the Louifbourg expedition alone ; and in-
deed it would have been a remarkable in-
fiance of inconfirlency, if the generofity of
a nation, who was fpending millions to fup-
port the Houfe of Auftria and the Provinces
of Holland againil France and Spain, who
gave an hundred thoufand pounds to Ruffia
only to keep a force for one year on the
herders of Livonia to afiijl his Maiefiy s allies,

«-4/ +J fc/ *s ^

and

SHIRLEY. 93

and who was opening her wealth to Hanover

with the ufual prodigality, had been checked

at the juft demand of' fome of her Colonies

to be reimburfed their expenfes in obtaining

a conqueft by land, to which the Britifh

arms had not been much accuflomed in the

courfe of this war. If it w^as of fo much

confequence to her, who fhould poffefs a part

of Italy or the barriers of the Netherlands,

as to induce her to lavifli millions upon

powers who retained but little gratitude for

the aid, of how much more confequence See c°nfid-

muft it have been to her, who pofTeffed the

erations on

of impofing

-commanding; ports in the neighbourhood of taxes on th«

' Britifh Colo-

her colonies, whofe trade would return her nies. virg.
the whole of the reimburfement within a 1765.
few months !

Accordingly, after the application of the
government of Maffachufetts Bay had fo far
obtained the affent of the King and Council,
as to induce them to determine that the
Province fhould have reafonable fatisfadion for
their expenfes, the main queftion which was Reoorttothe
brought before the Parliament refpe£ted the I:ord? of thc

Treafury oil

amount, and the manner or time of payment, the demands

r J ofthenorth-

The fums expended by Maflachufetts in this em colonies,

J December

expedition were equal to £.26 1,700.. os.. 3, in 2P>

the

94 SHIRLEY.

the Province bills of the new tenor, or
£. i83,649«.2s.7i fterling, reckoning the ex-
change at ^.142.. i os, per centum, which,
however, was fuppofmgthe bills equal to filver,
at feven {hillings and fix pence an ounce., as
expreffed in the face of them. This was the
real rate of exchange for draughts on London,
in 1 744, when the firft aft forifiuing bills of
credit for the expedition was paiTed. But
the exchange had rifen, before any grant was
effeded by Parliament, to ^,250 per centum,
of the new tenor bills, or 1000 per centum
of the old. Thefe extremes made a differ^
ence in the claim of the Province of nearly
feventy-nine thoufand pounds fterling. But
the Parliament, juftly confidering this depre-
ciation as a tax upon the people, thought
that it ought to be reimburfed them, and
voted the larger fum. However, it was
thought expedient to regulate the appropria-
tion of the money, fo that the great differ-
ence between the value of the bills of credit
when iflued, and the value at the time of
their redemption, fhould operate juftly to the
holders of them. This gave rife to varioua
projects from interefted and officious men.
Some wifhed all this difference to go to the
pofleffors of the bills, which would have been

making

SHIRLEY. 95

making the grant a fpeculation for the emol-
ument of perfons, who, perhaps, not having
had the bills in their hands any length of
time, fuffered little or nothing of the depre-
ciation. A discrimination was alfo fuggefted,
in order to make good the depreciation to
thofe who had held the bills of credit for any
considerable time, without making the fame
allowance to others ; but, befides the impoffi-
bility of afcertaining the true time the pof-
feffors had held them, this fcheme would Letters of
have unjuftly rewarded the hoarders of the to their
bills, whilft thofe who had fuffered infenfibly, 4.&&°
but as much, in the rapid circulation of the
currency, would have been denied what, of
thefe two claffes of men, they beft deferved.
It was likewife propofed, that 'the money
fhould be paid to the Province by inftalments,
having reference to the years, when it was
provided by law that the outflanding bills
fhould be called in by taxes, which would
have procraftinated the laft payment until
about the year 1754. Two more fchemes,
ftill more injurious to the country, were held
out : one, that the paper currency fhould be
redeemed by a bafe coin ; the other, that it

{hould be abforbed by bills of exchange.

j

drawn upon England, and payable there in

fpecie,

96 SHIRLEY.

fpecie, which would have annihilated the old
medium of trade, without introducing a new
one.

Such a fruitful fuojecl: for projections and
intrigues could not well be fettled by the
Parliament ; and, upon the lords of the
treafury offering to take upon themfelves the
burden of fettling the proper manner in
which the money mould be paid, the a£l
was paffed for reimburfing the Colonies,
under a general underftanding in the Houfe,
that the manner of iffuing the fpecie mould
reft with them.

When the money had thus become ftation-

terto Sec. . r .

wmard, ary, all parties had a fair opportunity or m-

1748. ' terfering in a bufmefs, which Mr. Bollan,

the indefatigable agent for the Province, in-

fifted no one but his employers had any right

to meddle with.

The merchants, and others, trading to and
interefted in New-England, preferred a peti-
Gen °court **on to ^ treaful75 ftating the evils arifing

by from the bills of credit iffued there : that it

. Bclhn.

would be very difficult for the affemblies to
agree upon an equitable rule as to the man-
ner

SHIRLEY. 97

rier in which the money mould be applied,
as perfons in the adminiftration of the gov-
ernment had purchafed the bills at a depre-
ciated value, in order to gain by the ex-
change of them for filver ; (a reflection which Letter to
the General AiTembly denied, but which they NOV. Md."'
hoped would facilitate the redemption of the
bills, according to their lowed rate) praying
that no part of the grant might be iffued,
until fome effectual meafures mould be taken
by the feveral governments for eilablifhing
fuch a rule, and putting a period to the paper
currency ; or, in cafe of their refufal or neg-
le£t> not until the whole could be regulated
by Parliament.

The attorney and folicitor-generaL after copy of their

opinion on

hearing the parties, gave their opinion, that the files Of

the G. Cour$.

the powers of the agents from Maliachuletts
and Connecticut^ being only votes of the
Affemblies, and not letters of attorney under
the feals of the Provinces, who were corpo-
rate bodies by charter from the crown, did
not give proper authority to receive the
money ; even if the agents would give bond Boiian'sLct-

i 1 r tertoHutch>

to account at the exchequer, as the lords or sept. 26.
the treafury had once propofed. The fub-
miflion of this point to the opinion of thefe

N officers,

98 SHIRLEY.

officers, was not done without exciting a fuf-
picion in the mind of Mr. Bollan, that the
whole was a contrivance to aid the miniftry
under an embarraffment, arifmg from their
having placed the payment of the money
upon unjuftifiable conditions, by the propofal
* above-mentioned ; and Mr. Kilby, the other
agent, fuppofed the money would undoubt-
edly remain in the hands of the adminiftra-
tion, till refolutions were perfected as to the
Kilty's Let- appropriation of it, which might furnifh an-
wiUaroT^ other motive to the miniftry for raifmg this
O&.I748. impediment to the paying of money, that
there was nothing on record to juftify them
in withholding.

Whilft fo much was pending upon the ap-
propriation of the money, the General Court
did not neglect their right of providing by
Hutch, vol. ]aw for the rates at which the bills of credit

2d. p. 438.

fhould be redeemed. For reafons already
mentioned, the whole benefit of the grant
arifmg from the depreciation of the bills fmce
they were firft iffued, notwithstanding they
were eftimated by the Parliament at the value
they were of at an early period, was not
given to the poffefTors of them, but was
chiefly applied to the benefit of the Province

at

SHIRLEY. 99

at large, the redemption being fixed at about

one fifth lefs than their loweft current value, JdJoeo^.

or at fifty {hillings for an ounce of filver. A> D*

As the defign of this law was the abolition
of the paper currency, and the amount of
the grant of Parliament was not fufficient for
effecting that object wholly, the refidue was
provided for by a tax of ^.75,000, payable
in bills at the rate above-mentioned : and all
future debts, after March 31, 1750, it was
declared, ihould be underftood to be made for
filver coin at fix ihillings and eight pence an
ounce ; and all debts after that time were
jnade payable in fuch coin accordingly.

But the evils of bills of credit were not to
be overcome, w^hilft the neighbouring govern-
ments had it in their power to iffue them
upon little or no foundation, and by fiiding
them into the Province, to take away its real
wealth for an imaginary value. Penalties
were therefore laid for receiving fuch bill.%
and all town officers, reprefentatives, mem-
bers of the Council, the civil and military of-
ficers of the Province, creditors taking out
executions from the courts of juftice, tav-
erners and ianholders, were obliged to iwear

thai

IOQ SHIRLEY,

\

that they had not been concerned in receiv-
ing or paying them, after the operation of the
law : and it was provided, that any inhabi-
tant who fhould be fued by a perfon belong-
ing to fuch government, fhould be allowed
to difcharge his debt in thefe bills, if poflefled
of them before the acT: fhould come into
force, excepting that this provifion fhould
ceafe in refpect to any fuch government
which fhould fink its bills of credit before the
thirty-firft day of March5 1 754.

The lords of trade reported to the Council,

x;4S>.X1' that upon the whole, it might be advifeable to

lay this ad before his Majefty for approba-

tion ; and, the mode of redeeming the bills

of credit, being thus fettled to the fatisfadtion

of the lords of the treafury, his Majefty's

order was delivered for paying the money

June 14, to gjr peter Warren, and William Bollan,

Efq. who were authorifed by the law to give

a difcharge for it in behalf of the Province.

The difficulties in effecting the important
change in the currency, which we are now
relatin arofe within the Province from the

,

s Even- friends of the old tenor money, both in the
$3, 1749. General Court and without doors. They

relied

SHIRLEY. 101

relied upon objections of the following na-
ture. That the time allowed for redeeming
the bills, which was about fifteen months,
was too fhort, and would ftimulate creditors
to purfue their debtors for the purpofe of
procuring payment in bills, in order to gain
by the exchange for illver ; that the rate of
redemption was too high, and would, there-
fore, not only tend to forward the fame evil,
but would likewife reward thofe who had
purchafed them upon principles of fpecula-
tion ; that the filver could not be retained
as a medium, and commerce would be re-
duced to a ftate of barter for want of one, as
the old medium would be withdrawn ; nor
would the means remain of paying outiland-
ing taxes. Befides which, great injuftice
would be done to the people of Maffachufetts
who would be the holders of the bills of other
governments unredeemed, and not current
by law within their Province, whilft the in-
habitants of fuch governments would receive
payment in coin for the Maffachufetts bills
in their hands.

Such were the ideas of a people ufed to a
paper currency for more than half a century,
and fo firmly were they attached to it, that

102 SHIRLEY.

it was owing to their fears alone, that the bill
for calling in this currency, which was at
firft loft in the Houfe of Reprefentatives,
finally prevailed. The bills of credit, as
they flood at that time, were redeemable by
taxes in future years ; and there was a party
among thofe who were oppofed to the law
under confideration, who wilhed to redeem

*

them gradually by filver coin at the fame
periods. This would have eventually made
them equal to gold and filver, if no further
emiffions took place ; and fuch emiffions

Hutch, vol. were under the control of the crown* No

3. p. 439.

provifion was infured for the relief of debt-
ors, in cafe of an appreciation from fuch a
caufe. This broke the oppofition ; and the
friends of the debtors, of two evils, as they
feemed to think them, chofe the law as th§
leaft.

But the people without doors preferred
their prejudices, in a great degree, in favour
of the old tenor money. Even the altera-
tion of the nominal value of the currency.

Sept. 18,

1749. Even- was held up as an objed: of odium 5 and
when the fpecie arrived, it rather occafioned
gloom than joy. The operation of an acl:
for one of the moil important and righteous

meafures

SHIRLEY.

meafures in fociety, was commenced \vith
doubts, murmurings, and even attempts at
forcible refiftance, inflead of univerfal pleafure
and applaufe.

It muft have given the higheft fatisfa&ion
to the promoters of the plan, that none of
the forebodings of the difaffected party were
realized ; but that the moft eflential interefts
of the country were greatly ferved, and the
principles of commutative juftice fettled on a
firm foundation, by the introduction of a
ftable currency ; and it is a memorable ex-
ample of fuccefs, in the caufe of probity and
true patriotifm, againft the clamours of the
difcontented pretenders to thofe virtues,
which ought always to animate honeft men
in the purfuit of their objects, when ftrug-
glkig againft the buftle and intrigues of fuch
miftaken or counterfeiting characters.

The fubjecl: of the Governor's falary,
though lefs productive of virulent proceed-
ings than formerly, was neverthelefs a flock
for oppofition to ingraft itfelf upon. His
reprefentation for augmenting his grant this
year, was followed by proceedings in the
Houfe of Reprefentatives, which, as they

involved

103

lo4 S H I R L E Y.

involved a queftion of privilege of ipeech in
its members, and of the rights of election in
the town of Bofton, and tend to (how the
ftrength and operation of the Governor's
influence, are not undeferving particular
notice*

In the debates of the Houfe, James
Efq. a member from Boilon, made the fol-
lowing remark. " Former Houfes (I do not
mean this Houfe, Mr. Speaker) have patted
many villanous refolvcs, which the Governor
unluckily gave his fiat to ; and how it came
to pafs I don't pretend to fay, but, I appre-
hend, againft his own judgment, as I humbly
conceive appears from his own fpeeches*

" And as to the argument for raifirig the
Governor's falary from the rife of provifions,
I apprehend, it came with a very bad grace
from the Governor's friends, as he had it in'
his power to prevent it ; and if the creditors
or pofieffors of the bills had a like power,
they'd have lefs reafon to complain ; and as

Independent J

Advertifer, to linking the money, I think the Governor
1749- happy that he has not funk his commiflion.'

The

SHIRLEY. 105

0

The Houfe took thefe expreffioas into
consideration, under a motion charging the
member with reflecting upon the legislature*
Mr. Allen having explained himfelf, his ex-
planation was voted to be uftfatisfadiory, and
a motion for reducing the exprefs words to
writing was negatived. After a debate upon
the form in which the next queflicn fnould
be put, it was determined thus ; " Whether
any/expreilions have been uttered by Mr.
Allen, in a late debate, reEecling upon any
branch of the Icgiflature ?" and was refolved
in the affirmative. Mr. Allen then offered
a paper as an acknowledgment, in thefe
words. " I did not think the words I deliv-
ered were any juft matter of offence ; nor
did I defign them as fuch ; nor did I im-
agine the Houfe could poffibiy take them in
fuch a fenfe: but if they Jo judge , I am for ry
for it, and that I faid them." This was
voted to be unfathfi&ory ; and the Koufe
proceeded to vote, That whereas James Allen,
Efq. a member of the Houfe, in a late debate
has uttered certain expreffions^rc//}/)/ reflecting
on His Excellency the Governor, for figning
certain late acts or refolves of the General
AiTembly, contrary to the decency required
by the Houfe in their debates, and has there-

O fore

SHIRLEY.

fore given juft caufe of offence, Refolved
that, in order to give fatisfadion, the follow-
ing acknowledgment be required from the
faid Mr. Allen, viz. " I acknowledge my ex-
preffions, in their plain, natural fenfe, con-

< tain juft caufe of offence ; and am forry I
ever made ufe of them ; and I humbly aflc
pardon.'" When Mr. Allen was ordered
into the Houfe to hear this acknowledgment,
after it was read, he defired to make a mo-
tion ; but the Speaker informing him that he
could not be heard until he had figned it, he
withdrew : upon which the Houfe voted,
that until he complied, he mould not be
allowed his feat ; but negatived a motion for
expelling him, and referred the affair to the
next fitting. Upon the meeting of the AC-
fembly about a month afterwards, a motion
was loft for Mr. Allen to be admitted into

• the Houfe, and reprimanded by the Speaker;
and it was refolved that he, for his contempt
of the orders of the Houfe, mould be expelled :
and a precept was iffued to the inhabitants of
Bofton to eleft a perfon to reprefent them in
his room.

The ele&ors were not difpofed to fide
with the Houfe in the difpute, and they, in

fad,

SHIRLEY. 107

fad:, re-eleded Mr. Allen to reprefent them.
But the Houfe would not fufier their dif-
pleafure to be evaded in this mode, and upon
the return of the precept they refolved, That
James Allen, Efq. was, when eleded by the
town of Bofton, and ilill is, incapable of a
feat in the prefent Houfe as a Reprefentative
of the faid town.

Thefe proceedings, however, operated to
exclude Mr. Allen from that Houfe only,
as, on the enfuing year, he was returned a
member from his town, and by that means
placed on a foundation, which, we prefume,
it was beyond the influence of the guberna-
torial prerogative to make, as he was con-
tinued a member until his death, which hap-
pened on the 8th. of January, 1755.

The month of June this year, was dif-
tinguifhed by exceffive heat and drought :
In Neponfet and Concord Rivers, the fifh
are faid to have perifhed from thefe caufes,
and to have been left on the banks or on the
furface of the ebbing waters in great quanti-
ties. The heat may be realized by the

thermometer's being on the i8th. at gi in

the

M

io8 ^ SHIRLEY.

11" t'ie ball-flop by Hawkefbee's fcale, and
inutes. pofed equal to 101 by Fahrenheit's.

The confequence of this extraordinary in-
temperatenefs of the climate, was a fcarcity of
provifions, infomuch that hay and other
articles were imported from Europe, and this
was neceflarily followed by an exceffive ad-
vance of the price. Mutual reproaches be-
tween the people of the town and country,
were carried to a great height ; the former
crying out upon the extortion of the latter,
whilft thefe retorted the charge, by exclaim-
ing, in their turn, againft the extravagance of
their accufers. The General Court viewed
this drought in fo melancholy a point of
light, as to order a fpecial fail to intercede
for rain ; and, confidering a connexion be-
tween the moral and phyfical evils of the
times, they recommended a prayer, that God
would rain down righteoumefs upon the
people. The fall of the year difplayed that
happy conftitution of the climate, which has
been frequently experienced in fubfequent
years, after fimilar appearances of famine.
Nature feemed to be renovated, and produced
food for the cattle, with a profufion equal tq
her late diftreffing parfimony.

The

SHIRLEY. 109

The treaty of peace, which reftored irn-r
mediate harmony to all other parts of the
Britiih empire, had not the fame kind ope-
ration .on her American Colonies. They
were ftill furrounded by favage enemies,
whofe refentments and cruelties were not to
be controlled at once by the agreement of
their allies. And the General Court did not
think it fafe to reduce the number of their

f i i «i • ,• Vote Nov. 4,

forces below 474 men, unti negociations I;48/
could be entered into and a peace purchafed
of them. Fortunately, the Penobfcot and
Norridgewock tribes gave notice of a difpo-
fition to treat, and actually fent delegates to
Bofton for that purpofe. But at a confer-
ence held with them there on the 23d. of
June, 1 749, it appearing, to ufe their, own ^"hTcen,
words, " that they brought no other creden- Court files-
tials with them than their own hearts," and
that they had no further po\ver from their
conftituents than to give affurances of their
defire for peace, the only ufe that it was
thought proper to make of this interview,
was to propofe a final treaty at Caico Bay,
in September following.

no SHIRLEY.

CHAR VI.

Governor Shirley embarks for England — Af-
fairs pending there — Peace with the Penob-
fcot Indians — Difpute with the Plgivackets
fettled — Claims of France and England to
Nova-Scotia — Military operations there — »
Society for promoting Induflry — Propofals
for fending Bljhops to America — A quarrel
with Indians at WlfcaJJet — Attack upon the
eajlernfettlements by the Canadian Indians —
Laiv prohibiting Theatrical Entertain-?
meats- — Expenfe of the civil

^ J ^HE operations of war having almoft
ceafed on the frontiers of the Province,
the abolition of the paper currency being
placed in a fure train, and its final extinguim-
ment, as well as the decifion of the queftions
refpefting boundaries, being to be effected
lefs in America than in England, Governor
Shirley obtained leave of abfence for a year
in order to return there, and embarked on the
eleventh day of September. The contro-
verfy at this time well known to have fub-
fifted between him and Brigadier-General
Waldo, who commanded the troops deftined

for

P H I P S.

for the intended expedition againft Canada,
as to the right of making up the public ac-
counts with the crown in that undertaking,
was a neceffary caufe of his voyage ; but to
become inftrumental in the right fettlement
of affairs which appeared to be fo near his
heart as thofe above-mentioned, no doubt,
created an additional motive. If fuch were
his views, he was not difappointed. The
Marquis L'Galifioniere, Governor of Canada,
and the future conqueror of Minorca, having
been appointed by the French a commhTioner
for treating at Paris relative to the unfettled
territories of the late belligerent nations in
America, Governor Shirley was appointed
for the fame purpofe on the part of the
Englifh.

This threw the chief command of the
Province on Lieutenant-Governor Phips, who
continued it until Governor Shirley's return

4

on the yth. of Auguft, 1753.

The departing letter of Shirley to his
temporary fucceffor, mows that the fpirit of
oppofition, from which former governors
had fuffered fo much, was not without its
effecT: upon him. He expreffes a folicitude,

that

112 P H 1 P S.

that meafures might not he taken in his al>*
fence, to render his government uneafy to
him upon his return : particularly that vacant
offices might not he filled unlefs indifpenfa*
hly neceffary ; that in all preferments, men
well affe&ed to the government mould be
carefully fele&ed, and that the appointments
in the courts of law mould be made only
during the Lieutenant-Governor's continu-
ance in adminiftration. And after his arrival
in England, he complained, in a letter to the
NOV. 28, fecretary, of information that a factious
749' complaint was figned againft him, in which

even two of the clergy had joined ; and fug-
gefts, that if fuch oppofition mould be made,
a neceffity might arife of exciting an Epifco-
pal intereft to counterbalance it : and further,
that if the ArTembly mould pafs an act to
deftroy their laft grant of his falaiy, which
was then unpaid, he fhould feel juftified
in making himfelf independent of them in
future in that refpect, which he thought by
no means impracticable.

In the month of January, 1749-50, Mr.
Bollan, who had arrived from England in
the month of September with the reimburfe-
nie-nt money, the great object of his agency,

having

P H I P S. 113

having been re-ele£ted, likewife departed
again for England on the bufmefs of his ap-
pointment. His perfevering and fuccefsful
labours in procuring this reimburfement for
the expenfes of the expedition againft Cape
Breton, had diftinguifhed him as a fuitable
man for obtaining further juftice for fimilar
fervices ; and his inftru&ions will give us the
beft idea of the ftate of affairs open to nego-
tiation in England.

The boundaries of the French pofleffions/
both in the Iroquois country and in Acadia,
was an object fo interefting and alarming,
that the General Court feemed to prefer the
prefent ftate of partial war, to making any
conceffions concerning them : and they ac-
cordingly impreffed upon their agent the ^
neceffity of his utmoft exertions, particularly
to prevent the French having any harbour
on the coaft of Nova-Scotia : and Governor
Shirley declared, that a defire to prevent a
wrong fettlement of the line between the two

. Shirley'*

nations, rather than a hope of eitablilhmg a Letter to
right one with the confent of the French, was NOV. as',
his great reafon for accepting his appointment I749*
treat upon the fubject.

P There

ii4 P H I P S.

There was another boundary of the Prov-
ince brought into controverfy, which the
government feems to have confidered as once
finally fettled. This was the line between
Maflachufetts and Connecticut. At an early
period, the fouthernmoft part of Charles
River was afcertained, and a line run thence
three miles fouth according to the charter ;
and at the end of this line was fixed a monu-
ment, known by the name of Woodward and
Sqffcry sjlation. Hence the line run weft, as
the needle pointed to Connecticut River, and
beyond it : and this was the reputed boun-
dary of the old Colony of Mafiachufetts.
Whilft this was fuppofed to be the boundary,
the charter of Connecticut was granted, and
that colony was bounded north on the fouth
line of Maflachufetts, whofe government ac-
cordingly granted and fettled the towns
of Suffield, Enfield and Woodftock, which
were all to the northward of the line run as
afore-defcribed. A controverfy afterwards
arifing between the two governments, com-
miffioners were appointed by each in the year
I7I3? wno agreed as to the accuracy of the,
ftation, but that the line fhould have been
run due weft. By this variation, all thefe.
three townfhips were thrown into the bounds

of

P H I P S. 1x5

of Connecticut. But in order to obviate the
injuftice and inconvenience which would
arife to MafTachufetts from a rigid adherence
to this courfe, it was agreed that the three
townfhips fhould remain to that government,
and that Connecticut fhould be compenfated
by an equivalent in other lands, the greateft
part of which was immediately received, and
fold by that colony. Thus affairs remained
until the year 1 746 ; when the inhabitants
pf the three townfhips, feeling difpofed to
revert back to Connecticut, applied to the
government there to be received under its
jurifdiction, and availed themfelves of the
circumftance of the agreement between the
two Provinces not being ratified by the crown,
nor done under its fanction ; and denied
their right to abridge the extent of the Con-
necticut charter. To procure a ratification
of this agreement by the crown, became,
therefore, an important object to the General
Court, and they accordingly included it in
•their inftructions to their agent.

Qn the fcore of pecuniary compenfations,.
the Province had further to demand, from
the national juflice, a reimburfement cf
monies advanced for the late projected ex-
pedition againft Canada ; for clothing taken

and

n6 P H I P S.

and ufed by the Governor at Louifbourg 5
and fome meafures for compelling the prov-
ince of New-Hampfhire to refund the ex-
penfes of maintaining Fort Dummer, which
by the running of the boundary line had
fallen within its jurifdi&ion,

In addition to this, the General Court
were felicitous to procure fome coercion up-*
on the Britifh governments on the continent,
in cafe of a future war ; to make a juft and
equitable apportionment of the charges of
maintaining it, which had heretofore fallen
fo unequally to the difad vantage of Mafla-
chufetts ; to prevent a renewal of the diftrefs
which had fallen upon the inhabitants in the
late war, by imprefles on board the King's
fliips ; and to effect an equitable redemption
of the bills of credit iflued by the other
governments in New-England.

. • .

Commiflioners were fent to Falmouth, on
the 1 6th. of October, as had been concluded
upon in the month of June, and received
from the Penobfcot, Norridgewock and St.
Francois Indians, what is called their fub-
miflion and agreement, founded on Cover-
Treaty. nor Dummer's rnuch revered treaty of 1726.

By

P H I P S. 117

By this they agreed to forbear all hoftilitles
againft the Engliih ; to reftore all captives ;
to permit the Englifh to enjoy all their feN
dements and pofieffions in the eaftern parts
of the Province ; refervirig, however, all
lands, &c. not by them conveyed or pofleffed
by the Engliih, and the privilege of riming,
hunting and fowling as formerly ; that all
trade mould be under the control of th$
Maflachufetts government ; that private re-
venge of wrongs mould yield to redrefs in a
due courfe of juftice, they fubmitting to be
governed by his Majefty's laws 5 and that
the government of New-Hampfhire was in-
cluded in the treaty. The commiffioners
then figned a counterpart to this agreement,
and having made the ufual prefents, returned
to Bofton, where the Lieutenant-Governor
iffued his proclamation of peace on the 2~th.
of October following.

The conclufion of this peace was of the
jnore importance, as it facilitated the ex-
change of prifoners on the weftern borders,
upon which fubjea great difficulties had.
arifen. Twenty-fix of the Abenaqui tribe,
or as the Engliih would have them called,
Pigwackets, againft whom war had been de-

clared

ii8 P H I P 8.

clared in November, 1744, had come into
one of the out forts, and declared themfelves
fatisfied to remain with the Englifh during
the conteft, and fome of them even volun-
tarily enlifted themfelves in the expedition
againft Cape Breton. Their brethren at
home, not, probably, without the interference
of the French, affected to entertain great ap-
prehenfions, both whh refpe& to their treat-
ment, and their intentions of finally remain-
ing with their enemy. An officer was fent
by the Governor of Canada, to accompany
one of the tribe to vifit thefe converts to
Englifh fraternity, who was unfuccefsful in
his applications, to Governor. Clinton, of
New-York, and returned in no favourable
humour^ without coming to Maflachufetts.
Better ciin- This he declared he was prevented doing by
Sov.°ofhip8' Governor Clinton, who, on the other hand,
£££'' denied the affertion, and fhewed that both
March 7, {kg officer and the Indian thought it unnecef-
fary to proceed. Upon their paffage to Al-
bany, the Indiau met with ill treatment from,
the failors of the veflel in which they em-
barked, and ran away in a miferable condi-
tion. When he was found, upon approach-
ing his village, he thundered out the war-
fong, and, informing the Chiefs of his mil-
adventure,

P H I P S. 119

adventure, infpired that fpirit of revenge to
which Indians, are fo naturally prone. The
murder of fome Engliih traders, by way of
retaliation, being prevented by La Jonquiere,
he fent a fecond meflenger to the Governor
of MafTachufetts, upon the fubjedt of the
Abenaqui prifoners, and to effect the releafe
of two Indians taken by Capt. Gorham from
a party who had killed fome of his men in
whale-boats, and whom he had carried to
Annapolis : and the difcharge of thefe favages
was fo ferioufly infilled upon, as to become
an abfolute condition of the exchange of
prifoners on the weftern borders. Before
the arrival of this meflenger, however, the
fubjecT: of difpute was fortunately terminated,
by the Abenaqui re-aflbciating with their
fellow Indians, and fatisfaftion being given Letter of

^i r r\ t i Phips to Lr*

m other reipecls, at the treaty we have men-
tioned : and, upon the meflenger's appearing,
under pretence of ill health, to remain in
the Province after an anfwer was given him,
for purpofes not clearly explained, he was
conducted to Rhode-Ifland, in his way to
New-York, by the Sheriff of the county of

Suffolk, iu a ftyle extremely equivocal.

The

120 P M I P S,

The right of the Governor of Canada to
interfere in the cafe of the Abenaqui Indians,
was difputed upon the principle of their be-
ing inhabitants of a territory included within
the boundaries of Nova-Scotia, which had
been ceded to the crown of Great-Britain :
and, as thefe boundaries will conftantly recur
and intermix themfelves with very many
important fubje&s in the hiftory of Mafla-
chufetts, we truft, it wrill not be thought
foreign to our purpofe, briefly to {ketch the
outlines of the difputes concerning them.

Acadia or Nova-Scotia in its largeft extent
ever contended for, was formed by the At-
lantic ocean, which waflied it on the fouth-
eaft, and, winding up the Gulph of St. Law-
rence, furrounded it on the eaftern quarter,
then piercing into the main land by the river
of that name, in a retrograde courfe, but al-
moft parallel with its front fhore, formed the
back of the province ; which, being thus
circumfcribed by water on three fides, was
feparated from New-England on the fourth,
by the river Kennebeck flowing acrofs from
the Atlantic ocean towards the St. Lawrence.
But this immenfe tracl: had feveral natural
and imaginary fubdivifions, on which the

coatroverfies

P H I P S. 121

eontroverfies refpe&ing it materially reftecL
Within thefe boundaries is included a penin-
fula projecting into the ocean, between which
and the main land the Bay of Fundy in-
ferts itfelf. This flows up to the ifthmus
which connects the peninfula with the reft
of the continent, and this ifthmus is wafhed
on the oppofite fide by the Bay of Verte, in
the Gulph of St. Lawrence, On the inner
fide of the ifthmus is Beau Baffin ; at the
ibuth-eaftern point of the peninfula is Canfo^
oppofite to Cape Breton ; towards its north--
weftern fhore is Port Royal or Annapolis ;
upon an inlet from the Bay of Fundy, and

-

upon the next inlet eaftward, lies Minas.

The peninfula again was divided into fev-
eral parts, including certain portions of the
fea coaft, one of which, from Cape St. Mary
in the Bay of Fundy, and fo round the fhore
till it comes to Cape Canfo, comprehended
what the French infifted upon was the an-
cient Acadia ; and the remainder, including
all the fhore on the fouth fide of that bay,

r

comprehended Annapolis and the diftri&s of
Minas and Chigne&o ; the internal partition
between them and Acadia being an imaginary
line, drawn through the peninfula, and not

accurately

122 P H I P S.

accurately defined j but propofed to crofs the
points whence the waters take their courfes
in oppofite directions ; that is, towards the
Atlantic Ocean on one part, and towards the
Bay of Fundy on the other.

Whether a part of this peninfula, or the
whole of it ; or, in addition to it, a part of
the above-deicribed main land, or the whole
of that alfo, formed Acadia, was the difpute
between France and England*

The grounds on which the refpe£Hve na-
tions founded their claims, were, as appeared
by a fubfequent difcuffion, cf the following

nature.

The Engllfh conceived therrrfelves to be
the firft difcoverers and the firft adual fet-
tlers in the country. They urged againft the
Prench their own com millions to their gov-
ernors, and their exertions to extend the
country when they were poflefied of it ; the
treaty of Breda, by which the forts on the
main were furrendered to the French as a
part of Acadia ; and the conduct of Charles II.
in difregarding a diftin£Hon of Sir Thomas
Temple, the Governor of Acadia, by which

thefe

P H I P S.

thefe forts were attempted to be held as he-
longing to Nova-Scotia, as diftinguifhed from
Acadia, and in ordering the furrerider of
thofe places as belonging to the latter coun-
try, at the inftance of the King of France ;
the memorial of the French ambafiador in
1685, fetting forth, in order to deny the
right of Englifh veflels fifliing on the coaft,
that Acadia extended from Ule Per&e to
George's liland, at the mouth of St. George's
River, and various other inftances wherein
the crown of France and its fervants claimed
as Acadia, and poflefled as fuch, the territory
from Pentagoet or Penobfcot to the moft ex-
tenfive limits in difpute ; the grant of Nova-
Scotia by James I. to Sir William Alexander,
Sept. 10, 1621, which extended to the River
St. Croix on the, weft, and to the St. Law-
rence on the north, the fpace between the
St. Croix and Pemaquid being held by him
as one of the council of Plymouth under an-
other grant, by aa agreement among the
grantees, whence the name of Nova-Scotia
was communicated to all Acadia - the char-
ter of the Province of Mafiachufetts Bay,
which exprefsly extends to the Gulph of St.
Lawrence and Canada Rivers ; that France
received the fame Acadia, by the treaty of

Bre-dar

124 P H I P S.

Breda, which England at this time demand-
ed back again ; the words of the ceflion in
the treaty of Utrecht, " Nova-Scotia or
Acadia in its full extent," which if thefe
names could be fuppofed to apply to two dif-
ferent boundaries, muft include the whole ;
that if the ceflion intended only the penin-
fula, it might as well have been ceded by
that defcription ; and laftly, the treaty of
Aix-la-Chappelle, which ftipulates that all
things fhall be eftablimed on the foot they
were or ought to have been before the war.

As to the country between Penobfcot and
Kennebeck rivers, the Engliih {hewed the
commhTion of the French King's governors
to extend as far as north Virginia, or New-
England, which muft bound Acadia upon
the Englifh territories ; and that the French
infifted, when Acadia was theirs, that it ex-
tended as far weftward as the latter river :
But the Englifh had an indifputable title to
this tract, from difcovery, actual fettlement?
and continued porTeflion.

The French relied upon the conftrucSion
of the treaty of Utrecht, which ftipulated
the ceflicn of " Nova-Scotia, otherwife call-
ed

P H I P S. 125

ed Acadia, in its full extent, according to its
ancient limits ; as alfo of the town of Port
Royal, now called Annapolis Royal, and in
general of all that depend on the faid coun-
tries and iaands belonging to them." They
urged, that ceding Acacia according to its
ancient limits, was reftriclive, and defignated,
not what had, at any time, been called by
that name, but what the ancient name com-
prehended ; and Port Royal or Annapolis
being mentioned particularly, {hows that
that place was not a part of Acadia, other-
wife the exprefs mention of it \vould have
been needlefs ; that the reafon why the cef-
fion was not by the name of the peninfula
of Acadia, was becaufe that country included
only a part of the peninfula ; that if any light
was to be thrown upon the conftruction of
the treaty of Utrecht, from the principle of
the firft difcovery and fettlement of the ter-
ritory in difpute, it was in favour of the
French ; that the voyage of Sebaftion Cabot,
in 1497, when ^e difcovered Newfoundland,
was undertaken with the fole defign of feek-
ing a paffage by the North-Weft to the Eaft-
Indies, and not of forming fettlements, ajid
was not judged worthy of the attention of
England ; and the French might, with greater

reafon.

. P H I P S..

reafon, arrogate to themfelves the empire of
the Weftern Coaft of Africa ; they having
not only difcovered it in the fourteenth cen-
tury, before it was known to any other na-
tion in Europe, but traded thither, and form-*
fettlements.

As to acTtual poffeflion, they contended that
the firft French project for obtaining a fet-
tlement in America, was the attempt by the
Baron De Lery in 1518, but the firft project
of the like nature formed by the Englifh was
not till fixty-five years after, in 1583, when
Sir Humphry Gilbert went to view the Ifland
of Newfoundland,

That the firft embarkation of the inhabi-
tants of France, to attempt an eftablifhment
in America, was ia 1535, by James Carrier,
when he built a fort in Canada and took pof-
feflion of the country ; but the firft frank
plantation of the inhabitants by the Englifh,
for fettling colonies in North-America, was
not till fifty years after, in 1585, when Sir
Walter Raleigh landed about one hundred
men in the Ifland of Roanoke.

That

P H I P S. <

That the firft folid and durable fettlements
made by the French, were thofe on the coaft
of the Etehemins, in 1604, who afterwards
removed over the Bay of Fundy to Port
Royal, in 1 605 ; but the firft of all the fet-
tlements made by the Englifh was that of
Virginia, which was not begun till 1607?
when it was confined to very narrow limits ;
thofe of New-England were much later.
When Smith went to view the country in
1614, fr was only known by French names,
and he relates that that of Canada Jiifled all
the others. The Englifh did not begin any
fettlements there till 1620, at New Plym-
outh; thofe of Maffachufetts Bay, or New-En-
gland, properly fo called, were not till 1629,
twenty years after the firft French fettlemente
were made on the coaft of the Etehemins £ ^

and the foundation of Quebec, the capital of
Canada, which was laid in 160$, was twenty-
two years before that of Bofton, which was
not founded till 1630.

That France did not take the country by
the treaty of Breda as a cefiion, but as a ref-
titution, {he having been the original owner

That

128 P tt I P 3. '

That the grant to Sir William Alexander,
fo much relied upon by the Englifh, was on
condition that the country was vacant, which
was not the fact > and was alfo pofterior to
the grant of the French King to Dumonts, in
1 603 ; that this grant being void, the bounds
of the country defcribed by it under the
name of Nova-Scotia, never known to the
French till the treaty of Utrecht, became a
nullity likewife ; and fo the words " Nova*-
Scotia or Acadia," uied in that treaty, could
imply only the ancient Acadia, or part of the
peninfula ; and its being mentioned by " its
ancient limits/' was to guard againft the falfe
boundaries affigned to it by the modern
name ; that the reafon of the country of the
Etchemins being included under the name of
Acadia, was owing to a controverfy between
two French governors, after which the fuo
cefsful one took this method to extend his
dominion, and that this country had been
granted by the French crown as a part of
Canada or New France ; and feveral other
places, included by the Englifh in their Aca-
dia, had been granted only as neighbouring
countries with it.

As

P H I P S. 129

As to the weftern bounds of Acadia, the
board of trade and plantations had declared
that the limits of New-England ought of
right to extend to St. Croix Rivdr, by which
they would referve to themfelves Kennebeck
and the river Penobfcot within thofe limits ;
and now Acadia was to be brought tip to
Penobfcof ; that by the charter of 1606, the
two Virginias ought to extend no farther
than to the diftance of fifty miles along the
coafl from the place of their firft eftablim-
ment; wherefore the moft northerly fettlemenE
of them, New Plymouth, is fo far from
reaching to the St. Croix, that the charter
would not even bring it to Bofton ; that by
the charter of William and Mary, the river
Sagadahock bounds New England, to which
was added all that country to which the En-
glifh had given the name of Nova-Scotia,
and all the country fituated between that
ideal province and New-England, which was
to extend from the river St. Croix to that oi
Sagadahock. In regard to the country weft
of Sagadahock, the provincial government
was veiled with full power to make defini-
tively all the grants they mould think proper
therein ; but with refpe£t to the country eaft
©f Sagadahock, the King referred to himfelf
R the

130

Letters on
files of the
Gen. Court.
LaGallifio-
niere to
Mafcarene,
Jan. 15,

1749-
Lajonquiere

to Cornwal-
lis, 23d. Otf.

1749-
Shirley to La

Gallifio-
niere, May

9.

P H I P S.

the right of confirming them ; and whence
arofe this difference, but from its being
known in England that they had no legal
right to this country ? and, as a confirmation
of this, they did not even give it a name.

The object of the prefent work will not
admit of our taking a fuller view of this con-
troveriy ; thofe who have a curiofity to
purfue it thoroughly are referred to a collec-
tion of all the memorials refpeding it, printed
in Englifh at the Hague, in the year 1756,
from which this fketch was colle&ed.

*

Such being the unfettled limits of thefe
rival nations in Nova-Scotia, that province
neceffarily became the vi&im of their efforts
to gain foot hold within it. One great mean
which the French poflefTed was the influence
of their priefts. By the third article of the
capitulation in the year 1727, the inhabitants
of Acadia were allowed to retain their relig-
ion, and, by virtue of it, the bifhop of Que-
bec continued the right of appointing priefts,
and confidered the country as within his
diocefs. This authority, among a people
devoted to the Roman Catholic religion, was
a greater engine of power than even a {land-
ing

P H I P S. 131

ing army, and without doubt, it was effeftu-
ally ufed to fubferve the interefts of France.
Lieutenant-Governor Mafcarene, therefore,
immediately fent the prieft from Minas for
treafonable pradtices, exafted new fubmiffion
from the people of Beau-Baffin and Bay Verte,
whence the French had withdrawn a detach-
ment of their men, and took meafures for
procuring a like fubmiffion from the inhabi-
tants of St. John's River, on the north fide
of the Bay of Fundy. Of thefe proceedings
the Governor of Canada complained, and
demanded at the fame time, not only that
they ihould not be continued, but that a ref-
toration of fome prifoners hereafter-mention-
ed fhould be made ; and fuggefled that it was
neceflary to the feeurity and tranquillity of
the frontiers of Maffachufetts Bay, that his
demands fhould be complied with. This,
being communicated to Governor Shirley, he
juftified the conduct of the Englifh in his
anfwer with much fpirit, and obferved, that
if the Governor of Canada thought fit to
make himfelf a party in an Indian war againfl
him, he doubted not that his Majefty's fub-
je&s upon the continent, would be able to
make juft reprifals upon Canada, when it

fhould

132 P H I P S.

fliould be his Majefty's pleafure to have them

do it, ' ' *

-th. NOV. ^a Jonquiere, on his part, fent three de-
?749* tachments towards the entrance of the pe~
ninfula ; and feveral tribes of the St. John's
River Indians attacke4 Minas, killed and
took a party of eighteen men, and after fum-
moning the fort to furrender, and continually
firing upon it for a month, they retired,
without effecting any further injury. This
determined Cornwallis, the Governor of No-
Letter com- va-Scotia, to attempt to chaftife the favages as
phips, Dec. foon as the feafon would permit him, and he
* »JW requefted the aid of Maflachufetts in his
plans. But the Lieutenant-Governor could
not prevail upon himfelf to declare war
againft the Penobfcots, fome of whom were
fufpecled to have been concerned in this at-
tack, before they mould be heard, after fo
recently concluding a treaty with them.

Letter Com. Cornwallis appears to have entertained the
to Phips u. . ..

April 1 1, hignelt indignation at this moderate temper,
and to have exprefled it even in terms of
ftrong reproach. Neverthelefs, the General
. Aflembly voted, that they were unable to aid
in expelling the forces which had beea fent
from Canada to take pofleffion of Nova-

Scotia ;

to

A

p H i p s. 133

* j

Saotia ; and complained of the exemption of
the other colonies from the charge of defend-
ing it. But Cornwaliis, without waiting for
external aid? difpatched a party of four hun-
dred regulars and rangers, un4er the com-
mand of Major Lawrence, to diflodge the
French and Indians from Chienecto, He L"t!? Corr

o to Phips,

thought hhnielf jiifthied iri this, from the
conduct of the French prieils, in exciting tli£
Indians to the late attack, in caufins: the in-

7 ' ' - • •O

habitants of Chigne£to to fwgar allegiance to
the French King, in furring up others to re-
bellion, and in ufmg promifes and threats to
make them retire from the country under his

, . . . . • -. -' « tr *• • •

government.

.• " - • - * • .

Upon this force appearing in light, La
Corne, the French Commander, fet fire to
Beau-Baffin, carried the inhabitants, with
their effects, over the river, where he planted
the French colours, fupported them by a
force of 2,500 men, with whom he lined the
dykes, and declared that he would defend
his poft to the laft extremity. The country
from Chigne£to, along the north fide of the
Bay of Fundy to Kennebeck river, he claimed
as belonging to his Moil Chriftian Majefty ;
and it appeared to be the wifli of the French

to

134 P H I P S.

to draw the inhabitants to this trad from the
peninfula. The effe£t of this affair was, the
building of forts at Minas and Beau-Baffin
by the Englifh, and others in oppofjtion to
them, at Beau-fejour and Gafpareux, by the
French,

This fpirited behaviour of La Corne
pears to have equally irritated and furprifed
Governor Cornwallis, who termed it the
faithlefs, violent proceedings and ambitious
views of the French, of which he fent an ac-
count to England, and again called upon the
northern Britifh colonies to take vigorous
meafures to aflift him in driving them out of
his province,

Although the Maflachufetts government,
exhaufted as they were, found themfelves
unable again to diflodge the French forces
from Nova-Scotia, yet the commander in
chief held up the caufe of that province as
their own, in his letters to the Governor of
Canada, and every exertion within their
power was made. Directions were given
for afcertaining whether the Penobfcots were
concerned in the affair at Minas. Lord Col-
Till was requelted to proceed with his frigate

to

P H I P S. 135

to felze any French fettlers who might be on J?
the coaft : and the provincial armed floop 10,1750.

Aug. 49,

was put under his command upon the fame 1750.
fervice.

The diffipation of manners and the check Gsn. Court
to population necefTarily refulting from the 34^1749- *
late circumftances of the country, demanded
and received the attention both of individuals
and the government. The former eftabliih-
ed the fociety for promoting induftry and
frugality, and the latter purchafed the facto-
ry in Bofton, to forward their views ; and
granted likewife four townfhips of land for
the ufe of foreign Proteftants, permitting the
provincial frigate to be employed in their
tranfportation.

Among the laws pafled by the General
Court in the year 1749, befides thofe for
calling in the bills of credit already fpoken
of, we may notice the a£t to prevent vexa-
tious law-fuits, by which perfonal actions
were limited to the counties where one or
the other of the parties lived ; and an afl: for
punifhing offenders, who might attempt to
extort money from perfons by menacing let-
ters, a crime actually praftifed upon the

Governor,

Ij6 PHI P S.

Governor, and feveral other peirfons in this
Province and New-Hampfhire*

The onty ^n^anc^) *n later periods, of any
attempt affecting the religious liberties of the
Britiih Colonifts being made in England,
occurred in the prefent year. This confided
in the originating or reviving of a plan for
fending Bifhops to America. The political
reafon on which it was founded was the cir-
cumftarice of feveral nonjuring clergymen
in the intereft of the Pretender having come
into the country from Great-Britain, whofe
influence it was neceilary to counteract and
deftroy. But fome leading perfons in the
rhiriiftry being oppofed to it, the project was
laid afide in the Cabinet. Neverthelefs, th£
fociety for propagating the gofpel, from dif-
ferent views, no doubt, took it under their
patronage ; and cdnfidering the chief ob-
itruclion to it as arifing from a fuppofed
jealoufy in the Colonies, that introducing
ecclefiaftical jurifdiftion among them might
interfere with fome rights, which by cuftom
or by acts of their refpective affemblies were
vefted in other hands, they ftated,

I. That

, P H I P S. 137

1. That no coercive power is defired
over the laity in any cafe, but only a power
to regulate the behaviour of the clergy who
are in Epifcopal orders, and to correct and
punifh them according to the law of the
Church of England, in cafe of mifbehaviour
or neglect of duty, with fuch power, as the
eommiflaries have exercifed.

2. That nothing is defired for fuch
bifhops that may in the leaft interfere with
the dignity, or authority, or intereft of the
Governor, or any other officer of State. Pro-
bates of wills, licenfe for marriage, &c. to
be left in the hands where they are ; and no
fhare in the temporal government is defired
for bifhops,

3. The maintenance of fuch bifhops not
to be at the charge of the Colonies.

4. No bifhops are intended to be fettled
in places where the government is in the
hands of Diflenters, as in New-England, &c.
but authority to be given only to ordain
clergy for fuch Church of England congre-
gations as are amongft them, and to infped:

S into

138 P H I P S.

into the manners and behaviour of fuch cler-
gy, and to confirm the members thereof.

^

As the Province of MafTachufetts Bay
was {lightly interefted in the terms of thefe
proportions, and not at all affefted by any
\future progrefs of Epifcopacy under the royal
government, the reader, it is prefumed, will
be fatisfied with this ftatement of the fac~t,
without comment upon a fyftem fo eflential-
ly interwoven with the government of En-
gland ; but fo diftincl: and harmlefs under
the political eftablifhments of America.

The peace with the eaftern Indians was
fcarcely concluded, when an accident took
place which had nearly brought the whole
Province into a frefh ftate of war. A quar-
rel happened at Wifcaflfet, between feveral
white men and forne of the Norridgewock
tribe who are included under the general
name of Abenaquis, wherein one of the latter
was killed, and two badly wounded. The
unalterable refentment of Indians made this
event a matter of ferious concern ; and it
became more fo from a relcue of the fuppofed
murderers from the hands of juftice at Fal-
mouth, after they had been apprehended un-

der

P H I P S. 139

der the Governor's proclamation. The Im-
mediate relations of the (lain Indian appeared
to be well reconciled to complying \vith the
provifion made in the treaty for fuppreffing
private revenge, and were not averfe from
being appeafed by fultable prefents. But the
Arefaguntacooks and Weweenocks, colonies
of the Abenaquis fituated on the river St.
Francis, in French neighbourhood, feized this
occafion to influence the Pcnobfcots, and to
carry war into Maflachufetts. In purfuance

y> 1 Letter din-

of this plan, about eicrhtv Canadian Indians ton *° r^r*

r to ' Sept. 2,-},

marched, at the inftigation of the Governor 1750.
of Trois-Riviers, as it was faid, to the eaftem
parts of the Province.

In the mean time, the government was
careful to purfue the late treaty, by providing p^p7s.f Lc^
the means of executing juftice according to J^d^
law upon the fuppofed murderers. One of weeks, juiy

i . r 5> 175°-

them having been tried and acquitted in the
county of York, the General Court ordered
the two who remained, to be removed for
trial into the county of Middlefex, from an
apprehenfion, no doubt, that the prejudices of
the people in the neighbourhood of the In-
dians, would not admit of an impartial trial

in

I4o P H I P S,

in fuch a caufe. The relations and chiefs of

the injured Indians were invited to be prefent

at the trial, that they might be witnefles to

AU 2 17 o the fairnefs °f the proceedings. Thirteen of

Evening them arrived at Bofton to confer upon the

Poll. *•

fubje£t, and having accommodated the bufi-»
nefs with the Governor, they returned, ap-
parently well fatisfied.

J75o. But their family auxiliaries from Canada

did not fuffer the bufmefs to pafs off in fo

Letter Phips AIT i r O

eaiy a manner. About the iitn. 01 oeptem-
ber, they attacked the Fort at Richmond ;
375°' on the 2 1 ft. they carried off a prifoner from
New-Marblehead, and on the 25th. they
entered into the midft of the fettlement at
Georgetown, and attacked a houfe within
ca^ °f tne garrifon, fituated upon Parker's
Ifland. Here they met with an inftance of
valour, from a man who was alone in the
building, which is deferring of notice. He
defended his habitation until the favages
broke into it, and then leaping out of a back
window, fought his fafety in flight ; but the
clofenefs of the purfuit obliged him to take
to the river, and attempt the faving of his life
by fwimming to the Ifland of Arrowfick. In

this

P H I P S. , 141

this tract, however, the enemy purfued him
in a canoe, and muft have difpatched him in
the water, had it not been for his peculiar
adroitnefs and prefence of mind. In this
difadvantageous pofition, he turned upon his
purfuers, overfet their fkiff, and by this in-
genious fhipwreck threw them upon the fame
level with himfelf. When his enemies were
thus diflcdged from their float, he reached
the fhore uninjured, and effected his efcape ;
whilft they meanly exhaufted their vengeance
by burning his little houfe and hovel, in re-
turn for the effects of his valour, which, from
the blood difcovered in their tract, appeared
not to be inconfiderable. The hoftile favages
had vifited Swan-Ifiand, and, having done
what mifchief they thought to be within their Letter jabez

i i •iv i i • i r i Bradbury to

power, by killing cattle, burning houies and phips, 04,
taking prifoners, they returned with fourteen
captives to Canada.

This daring invafion of the frontiers im-
preffed the whole Province. The Governor
gave orders to alarm the neighbouring towns,
and to fend one hundred men on a fcouting
party to fcour the woods ; but the enemy
had marched off. He called the General

750*
Court

P H I P S,

Court together, and laid before them the ad-
vices he had received of hoflilities being com-
mitted. They voted 150 men to defend the
frontiers, and conceiving that this invafion was
undertaken at the inftigation of the French,
Draught of they reouefted the commander in chief to

the Letter r . , n • n i •

ordered, on trammit a letter remonltrating againit this
the Gen. .conduct, and demanding the releafe of the

Court. . r

priioners,

Letters from After the Canadian Indians had retired,

Wm. Lith-

g0w,oa. 6, t^ Norridc;ewocks and Penobfcots appeared

1750. Jabez

Bradbury, fa folicit a renewal of their trade and former

o<a. 10,

1750, and connexions; and in the fpring of the year,

LeweSquad-

ock, od.io, thofe of the St. Francis and Cagnawaga tribes
likewife intimated a difpofition for peace,

In tracing the manners and tafte of the
people, it is material to notice a temporary
law of the prefent year prohibiting theatrical
entertainments. The exhibition which gave
rife to this moral regulation, is faid to have
been played at the Coffee-Houfe, in Bofton,
by two young Englifhmen, affifled by fome
volunteer comrades from the town. The
Orphan, or Unhappy Marriage, by Otway,

was felefted for the fubjeft. Some difturb-

ances

moer.

P H I P S. 143

ances arifing at the door from the eagernefs PCI
of the inhabitants to become fpedtators, ren-
dered . the affair more notorious ; and the £•££.
Legiflature, adhering to the firft principles of
their forefathers, took occafion from it to at-
tempt the continuing and perpetuating to
pofterity, the fyftem of economy and purity,
which had fingularized the fettlement of the
country. Succeffive Legiflatures revived the
law for near half a century, until the over-
bearing zeal which difplayed two theatres in
the capital, influenced the government to
defift from the further control of fuch a pre-
vailing change in the manners of the people*

The allowance of falaries to the civil lift
for this year, including more than fix months
fervices to the Lieutenant-Governor5 but ex-
clufive of the pay of the members of the
Legiflature, and of the Governor, who was ab-
fent, amounted to£. 1 864.. 1 3..4,a fum which,
compared with the prefent expenfe of govern-
ment, rather ferves to fhow the depreciation
of money, and the neceflary extenfion of the
feveral public departments, than any devia-
tion from that principle of economy which

the

j44 P H I P S.

the moft meritorious fer vices have never re-
laxed into profufion.*

* The proportions were

To the Lieutenant Governor

Judges 750

Secretary 1 06.. 13. .4

Treafurer i86..6«.8

CommifTary 1 60

Prefident of Harvard College 1 86.. 13-4

ProfefTor of Divinity 100
Clerk of the Houfe of Reprefent. 64

Two Chaplains n

Meffenger 100

P H I P S.

CHAP. VII.

AEl of Parliament for re/training bills of credit
in the Colonies — Complaint of the Weft-In-
dian fngar planters againft the Northern
Colonies — Cejfation of hojlilities againft the
Eajlern Indians — Meofures for civilizing
the Mohawks — Controverfy refpefting the
right of appointing the Attorney-General —
A51 of Parliament to prevent the erefting of
Slitting-mills — Small-Pox — Conference with
the Eajlern Indians — Govenior Shirley re-
turns— The Treaty 'with the Indians re-
newed.

rl ^HE fyftem of Britifh adminiftration in I75IJ
•*• the government of the Colonies, which
terminated in producing fuch important
events, cannot be too minutely traced in any
ftage of its progrefs. We therefore introduce
the hiftory of the year 1751, with a recital
of two tranfactions in Parliament, which we
conceive to be of effential confequence in
this refpect ; the one as it develops the in-
trigues of the miniftry to extend the preroga-
tives of the crown ; the other as it (hows the
relative importance of the northern Colonies,

T the

P H I P S.

I

the nature of their trade, and the tenor on
which they were fuffered to carry it on : and
we fhall find that the Colonifts of Great-Bri-
tain, like the clouds that floated over her
ifland, traverfed the commercial horizon
through all its extenfive circuit, and attracted
the enriching exhalations of its various chan-
nels, only to difcharge them in fructifying
fhowers, and with unreferved profufion, into
her bofom.

In the year 1 748, a bill had been brought
July i29 into Parliament, by which all the King's in-
ftructions were to be enforced in the Colo-
nies ; but the plan was too bold to Hand
againft oppofition, when detected and fairly
explained. It fwept away all the charters
without trial or legal judgment, and eftablifh-
ed a precedent which might finally have
dragged the mother country herfelf into def-
potifm and ruin. Advantage, however, was
taken this year, of the defire of all honeft
men to abolifh the paper currencies in Amer-
ica, and a bill, formed to effect this laudable
plan, was clogged with a provifion to give
efficacy to the royal inftrudions in this par-
ticular only. The bills of credit having been
ufed as money in the Colonies, and the

King's

* /

P H I P S. 147

King's prerogative over the coin being very
extenfive, it was expected that a precedent
might be eftablifhed as it refpected this ob-
ject ; and when once admitted in fo plaufible
a cafe, might be extended to others, until the
whole views of the firft bill fhould be gradu-
ally adopted. The abufes of paper money
fyftems were a great aid to the plan, as the
abolifhing of them was fo obvioufly juft, that
a collateral or incidental point could be eafily
thrown into the current, which was fet fo
ftrongly againft thofe reprobated engines of
mifchief. The great hazard which the rights
of the Colonies were undergoing by this
fweeping claufe in favour of royal power,
which would have levelled every check
founded upon the grants and charters of the
crown, excited a proportionable oppofition
on the part of the Province. An alarm was
given, and the baneful attempt was refifted
by the provincial agent with happy fuccefs.
The acts of the crown in granting and con-
firming the foil, and eftablifhing the liberties
of the Colonifts, were too inconfiftent, with
the prefent contrivance to render both de-
pendent upon its pleafure, to ftand a fcrutiny.
An offer was at length made to leave out
Maflachufetts from the bill, and retain the

matter

148 t H I P S.

matter of the inftru£Hons, or to leave them
out and retain the Province. The agent in-
fifted upon the omiffion of both. However,
the latter alternative prevailed ; and may be
confidered as a happy efcape for the liberties
of the Province from the grafp of the crown.
Thus originated the act for regulating and
reftraining bills of credit in the Colonies, by
which no fuch money was allowed, except-
ing for the current expenfes of the year, and
in cafe of an invafion ; but in no cafe was it
to be a legal tender for the payment of debts,
on pain of difmiffion from office on the part
of any provincial governor who might affent
to it, and a perpetual incapability of ferving
in any public employment.

At the fame feffion of Parliament came on
the complaint of the Weft-India fugar plant-
ers againft the northern Colonies. This
was a very unequal conteft as it refpected the
circumftances of the parties ; the complain-
ants being one of the moft wealthy and in-
fluential clafs of fubjefts within the Britifh
dominions, whilft the accufed were known to
poflefs very moderate local advantages, and
to have little more than their induftry and

economy to boaft of.

The

P H I P S. 149

The Weft-Indians charged the northern
Colonifts with being, in fad:, the agents of
France, and other foreign nations, carrying
on commerce in Europe and America, but
efpecially to the foreign fugar Colonies, for
their benefit, and againft the intereft of the
mother country, and thus preparing the
means of finally becoming independent of
her. This general charge was detailed in
fevera! particulars, and wras as particularly
anfwered by the agent for the Maflachufetts
Bay as it refpecled that Province ; though it
mould be obferved, that Rhode-Iiland was
confidered as the principal aggreffor. It was
alleged that the tra.de was carried on in for-
eign bottoms, contrary to the act of naviga-
tion, and under colour of flags of truce, both
of which charges were denied, and the latter
retorted upon the fugar Colonies 5 but the
evidence of this was too pofitive, as it re-
fpe£ted fome of the parties concerned, to be
eafily diverted. A better ground of defence
was taken, when it was fubmitted whether it
was not the policy of a trading nation, when
at war, to fupply the enemy with any thing
which a neutral nation could fupply them
with, who would odierwife certainly benefit

the

IJ.Q P H I P S,

the enemy, and put the additional profit into
their own coffers.

/

It was alfo alleged, that the northern Colo-
nifts fupplied the French with lumber necef-
fary for their fugar works, and which they
could not procure in any other way, efpecial-
ly as the navigation of the River St. Law*
rence was too hazardous to be relied on by
them for this purpofe ; that they could find
no vent for their rum and molaffes, if the
Englifh did not take them, which they were
under no neceffity of doing ; as their own
fugar Colonies could make fufficient to an-
fwer the demand of thofe on the continent i
and but for their affording this vent, the
French might be diftreffed in their fugar
trade, and finally beaten out of all the foreign
markets in Europe. In anfwer to this it was
faid, that the whole of the French fupplies
for mill-works, &c. being already had at the
iflands, or brought from Old France, it would
by no means be impracticable to furnifli
themfelves with boards and fhingtes for their
buildings from the fame quarter, if Canada
could not do it : but it was abfurd to fuppofe,
when the French had built large {hips of war
in that province, and ufed a number of trad-

ine

P H I P S. 151

ing veflels annually up and down the river,
that they could not avail themfelves of the
lumber known to be growing there ; that
the Englifh carried about 2000 hogfheads of
rum, diftilled from French and Dutch mo-
lafles, yearly to the coaft of Guinea, which
the French would fupply if the Englifh did
not ; and perhaps would introduce it by
various channels into the Engliih Colonies ;
that the fugar iflands of the Englifh would
not find it for their intereft to increafe the
quantity of their fugar, as the price would
diminiih in proportion, nor could they make
rum and molafles enough to fupply the
northern Colonies, which was evident from
thofe articles having rifen fifty per cent, with-
in twenty years ; and this alfo proved that
the former did not want encouragement, fee-
ing they were fupplied with neceflaries for
their flaves, buildings and fugar works, at as
cheap, or a cheaper rate, than formerly ;
that as to beating the French out of foreign
markets, it could never be done whilft the
Engliih fold their fugar at the place of pro-
duce, thirty per cent, dearer than the French
fold theirs ; for if the latter were to add the
value of all the molafies which they fell the
Englifh to the price of their fugar, they

would

152 P H I P S.

would (till be able to keep them far out of
fight at foreign markets. When the Englifh
Weft-India fubje&s fhould be content with as
moderate profits in their bufmefs as thofe of
the northern Colonies were, what they had to
fay upon this head might deferve attention ;
but their prefent views could be nothing
more than to raife the price of their commo-
dities upon their countrymen.

Further objections were made, on the prin-
ciples of this trade carrying away money from
the Englifh Weft-India iflanders, who, in the
courfe of it, were obliged to pay for their
lumber in cafh, into the foreign Colonies who
might be conftrained to purchafe their lum-
ber of the Englifh with ready money only ;
that in this trade the Englifh took European
and Eaft-India commodities from foreigners,
which they ought to take only from the
mother country, and that the French did all
in their power to encourage it, knowing the
immenfe advantages which they derived
from it.

Thefe objections were anfwered by obferv-
ing, that as the Englifh wanted molafles more
than the foreign Colonies wanted their articles

in

P H I P S. 153

in exchange, conftraint did not fo much be-
long to them as to the French ; that the
charges were inconfiftent with one another,
it being in one inftance alleged, that the
northern Colonies, in the courfe of this trade,
imported goods from foreign European ports,
and in another, that they imported thofe
goods from foreign Colonies, in which the
goods muft have been obtained fo much
dearer than in Europe, that no people who
had the one means would have recourfe to
the other ; but that no fuch importation was
made from either quarter to any great value ;
and that, although the Englifh fometimes
fent money to foreign Colonies, yet, upon the
whole, they got more gold and filver by the
trade than they parted with ; that as to the
French encouraging this trade, it was fo far
from being the cafe, that the Englifh were
obliged to carry it on through the medium
of the Dutch ifland of St. Euftatia, where the
French fubjefts reforted to exchange com-
modities, in exprefs violation of their King's
edicts.

The laft objection, that there was danger
of the northern Colonies becoming by this
trade independent of the mother country,

U was

' P H I P S.

was refuted, by fhowing that trading eveit
with an enemy in time of open war, did not
create any fuch connexions and dependen-
cies as the fugar planters fuggefted. This
was evidenced in the cafe of the Dutch, who
traded with Spain when they carried on the
iharpeft war againft Philip II. and in the
wars of Queen Anne's time, when they trad-
ed alfo with the enemy. But the military
hiftory of the country which difplayed fo
zealous a fpirit againft the French, and in
which thofe who had traded moft with them
were fome of the foremoft, proved that there
was not the leaft reafon to call in queftion
the inviolable attachment of the Province of
MafTachufetts Bay to its mother country.

Thefe particular objedions being anfwer*
cd, the utility of the rum trade to this Prov-
ince was fhown by fuch a thorough invefti-
gation of it in its various dependencies, a£
deferves, we think, to be literally extra&ed
from a ftate of the cafe, fmce it affords the
moft fatisfaftory commercial hiftory of the
period which we are now fpeaking of that
perhaps can be obtained.

The

P H I P S. 155

The courfe of the trade of Maflachufette
Bay is thus defcribed :

I. " A great part of the inhabitants of
jMaflachufetts Bay live chiefly by the fea,
and are employed in

" I. Fisheries.

<c 2. Navigation.

" 3, Building and providing materials for
{hips,

" By thefe employments, they depend up-
on Great-Britain for

" i. Clothes.

" 2. Materials for furnifhing their houfes,
of many kinds.

" 3, Cordage and fail cloth for equipment
of their veflels.

" 4. Lines, hooks and cables, &c. for the
fifhery.

a They are dependent on the northern
Colonies for bread corn.

" Rum is their chief manufacture ; there
being upwards of 15,000 hogfheads of rum
manufactured in the Province annually.

« This

156 P H I P S.

" This, with what they get from the En-
glilh iflands, is the grand fupport of all their
trades and fifhery ; and without which they
can no longer fubfift.

"

Rum is a ftanding article in the Indian
trade, and the common drink of all the
" i. Labourers.

.

^ 2. Timber-men.

" 3. Maft-men.

" 4. Loggers and

" 5. Fifhermen, in the Province,

" Thefe men could not endure the hard-
fhips of their employments nor the rigour of
the feafons without it,

" Rum is the merchandize principally
made ufe of to procure

" i. Corn and

" 2. Pork for ^

w i. Their fifhermen and

" 2. Other navigation.

" The beft and cheapeft provillon in this
way of life,

"This

P H I P S. 157

" This is done in winter, when there is
no catching fim, nor any other employment
for the fifhermeno

"'Then, a great number of fifhing veflels
with their men, go to North-Carolina, Vir-
ginia, Maryland, &c. there trade with rum
and molaffes for corn and pork ; which ferves
fpr a fupply for the next ieafon,

" Newfoundland has large annual fupplies
from Maffachufetts Bay of rum, molaffes,
pork, &c. without which they could not car-?
ry on the fifhery to fo much advantage.

" Halifax, at prefent, and for fome years
at leaft, muft depend on New-England for
a fupply of thofe articles, in order to carry
on the fimery ; which can only be done by
coming at thofe commodities at a moderate
price.

" The rum carried from Maffachufetts
Bay, and the other northern Colonies, to the
coaft of Guinea, is exchanged for gold and
flaves. The gold is fent to London, to help
to pay for their annual fupplies; and the
flaves are carried to the Englifh fugar Colo-
nies

158 PHIP.S.

uies, and exchanged for their commodities,
or fold for bills of exchange on Great-Britain,

" So that rum is ufeful in all their traffic,
cfpecially in fupporting the fifhery ; not only
p,s it is the common drink of perfons in that
bufmefs, but in being a mean of employing
the veflels and men at a feafon, when no
other bufmefs can be carried on by them ;
and procuring provifion for their fupplies ;
which otherwife they could not have but by
their labour at the feafon proper for fifh*
ing : But

" The neceffity of the molafles and rum
trade to fupport the fifhery, will appear in d
ftronger light, when it is confidered,

" i. That there is a large proportion (ac-
cording to the beft information now to be had,
25 per cent of the whole New-England fifh-
ery) of fifh of an inferior quality, and which
they call Jamaica and refufe fifh, and for
which there is no vent at the markets in
Europe. This is the chief article made ufe
£>f for procuring rum and molafles, not only
from the Englifh fugar iflands (which are
kept continually flocked with this fort of fifh,

and

P H I P S. 159

And with veffels waiting for their molafles)
but alfo from the foreign Colonies ; who take
off the far greater part of this fifh. Such
quantities of this fort of fifh are made, that
the whole vent in the Englifh and foreign
Colonies that can be obtained, is not always
fufficient to confume the whole, but fome-
times confiderable quantities perifh.

" 2* That in the Newfoundland fifhery1
there is alfo made a confiderable quantity of
fifh, of inferior quality, called prize fifh, and
refufe fifh ; and the greater part of their*
refufe fifh is taken off by the traders from
Maflachufetts Bay, who give them molafies,
rum, and other commodities for it, and after-
wards carry it to the foreign Colonies, and
barter it for their molafles ; and without this
trade to the foreign Colonies, the New-En-
gland traders could take off no part of it :
for there is made in the New-England fifhery
a much greater quantity of refufe fifh than
is fufficient to fupply all the Englifh fugar
iflands.

" 3. There is carried on in MafTachufetts
Bay alfo a large fifhery for mackarel, alewives
other fmaU fifh $ which are pickled, and

carried,

P H I P S.

carried, fome to the Englifh fugar iflands,
but the far greater part to the foreign Colo-
nies, particularly the Dutch.

" 4. Low prized horfes* which are pro-
duced in the country wild, without much
expenfe or labour, fome fmall articles of pro-
vifions, and fome (but according to the beft
information but little) lumber, with fome
leflfer articles, are alfo exported from MaiTa-
chufetts Bay to foreign Colonies, and ex-
changed for molaflfes, which being thus pro-
cured, is manufactured into rum for ufe$
aforementioned.

" 5. The whale fifhery is alfo greatly
affe£ted by this trade. For rum is the com-
mon drink of the perfons employed in it ;
and the veflels and men are employed and
fupported in the winter feafon by a traffic
made with rum, &c. to the neighbouring
Colonies.

" From all which, the dependencies of all
the trade and fifhery of Maflachufetts Bay on
this rum trade fully appears.

« With

P H I P S. 161

" With refpe£t to the general trade of that
Province, it ought to be obferved, that all the
produce of their cod fifli at the markets in
Spain and Portugal — all the oil they catch —
all the {hips they build — ail the freights they
make — all the money they get by fpecie or
bills of exchange — and all the profits from
every branch of their trade, centre in Great-
- Britain annually ; and yet, according to the
beft information, the whole is not fufficient,
communibus annis, to pay their mother coun-
try for the fupplies for which they depend
on it. So that the inhabitants of Maflfachu-
fetts Bay are, for their numbers, fome of the
moft ufeful fubje&s in the Bfitifh dominions ;
being, in their trade and fifhery, fome of the
greateft confumers of the natural produce of
Great-Britain, and, by their employments,
formed for its great fupport, navigation,"

Ck

c

From evidence in the caufe, when befor
the lords of trade, it appeared that Jamaica at
this time produced about 12,000 puncheons
of rum, of no gallons each, per annum;
'Barbadoes 12,000; Antigua from io5ooo to
12,000; St. Chriftopher's 6,000; Montfer-
rat 1,500 ; amounting in the whole to at
leaft 41,500 puncheons, or 4,565,000 gallons.

W From

xt>2 P H I P 5.

From authentic documents it appeared,
that the value of the goods* exported from
England to the northern Colonies, betwixt
the years 1720 and 1730, were,

To Carolina, - - £-394>3*4~ 7-5
New-England, * 1,747,05 7., 19.. a
New- York, - 657,998.. 7.. 3

Pennfylvania, - 32 1,958. .10.. 5

Virginia and Maryland, 1,591,665.. 6.. 8

^.4,7 1 2,994.. 10.. 9

And betwixt the years 1738 and 1748, as

follows, viz.

To Carolina, - ^1,24^091.. ^,. I

New-England, - 1,8 12,894..! 2., iq

New-York, - 1,2 11,243.. 14.. 5

Pennfylvania, - 704,780.. i.. 2
Virginia & Maryland, 2,507,626^18. 5

Total, Sterling, £7,481,637.. 2.. 9

It alfo appeared, that the amount of duties
paid in the northern Colonies, including the
Bahama iflands and Bermuda, (Nova-Scotia
paying nothing) upon the importation of rum ,
or fpirits, molafles or fyrups, fugar and pan-
eles of the growth and produce of any for-
eign fettlements, from the year 1733 to the
year 1 749, both merchandize and prizes, in

purfuance

P H I P S. 163

purfuance of the laws for encouraging the
trade of the fugar Colonies, was

Years. Years. Merchandize. Prize*.

'733

1734 1735 I5I- 4-9i

Jr.Chriftmas 1735 toC. 1736 292.. l$..g£

*73^ *737 220.. i. .6

'737 X73$ 68..i6..o

1738 1739 io8..n.-4

1739 J74Q 25-- °"°

1740 1741 loo,. 15. .6

1741 ,1742 722.. 7. .6 ^•I4°- J"6

1742 1743 461. .19..^ 41.. 5-9

1743 J744 234-.I7..9

1744 1745 9^" ^"9 3,08 1. .10.. 6^-

1745 1746 354..I7..7-T i24..i7-.3^

1746 1747 460.. 15. .5! i»259-

1747 1748 693.. 4-6 2,762..
1749 1,279.. °-4i i39-l6-3

Sterling, ,^.5,603.. 4«4T £>7>6i6.. 4-.2

Thefe duties were received in the follow-
ing proportions, viz,

Colonies. Merchandize. Prizes.

From the Bahama iAands, /"•777» 3»« 2f ^.1)879. .18. .5
South-Carolina, 671. .18.. i^ 3>°73" 3»*

North-Carolina, - - — — 529«» 4-«2

Virginia, ... 61.. 5.. 3^- 5^7" 7--9

Maryland, - - 63. .15.. o •

Pennfylvania, • 600.. 6..IO H4..II..9

New-Jerfey, - - 45. .16.. 6 '

New- York, 2,oo2..i2.. o •

Conne£licut, - — — — »i 98. .II. .3

Rhode-Ifland, from which")

no accounts were receiv- > — - *• • • »

ed after Michaelm. T 744, J
Maflachufetts, - 1*043.

Nova- Scotia,

Bermuda, ». « 337- o..ioi 1,020.. 6..Z

1 64 P H I P S.

At the clofe of the controverfy between
the fugar planters and the northern Colonifts
before the lords of trade, the former relaxed
in their demand of the total prohibition of
the commerce in queition, and fubftituted a
requeft that the northern Colonies only might
be prevented taking rum, fugar or molaffes in
return for their commodities, from the French
iflands, which indeed amounted to little lefs
than a prohibition : And the parties flood fo
equally balanced before Parliament this fef-
fion, that the further confideration of the fub-*
jeft was poftponed to the next.

printed The hoftilities on the frontiers of the Prov-

Treaty. . . . . ~

ince, which began to give place to pacific ap-
pearances the laft year, were fettled into a
more permanent ftate of reconciliation, by a
treaty, which was held at St. Georges in the
month of Auguft, between commiffioners on
the part of the Province, and delegates from
the Penobfcot, St. John's and Paffamaquaddy
tribes of Indians, It may not be amifs here
to obferve, that one of the perfons charged
with the murder of the Indian at Wifcaffet,
had been tried in the county of York in the
month of June preceding ; and although he

was acquitted of that crime, yet he was con-

vicled

P H I P S. 165

vicled of affaulting two other Indians, with an
intent to kill them, and was fentenced to le-
vere punifhment. How influential this meal-
ure might have been in effecting a cefTation,
of the war, is uncertain ; but no mention is
made of it at the treaty. Although the Nor-
ridgewocks, who were the moil hoitije nation,
were not reprefented at this treaty, yet the
coinmiflioners thought proper to accept the
affurances and engagements for peace which
were offered on the part of thofe. who were

JL

prefent,, under an expectation of a future in-
terview, inftead of a more general compact,
which could not at this time be obtained,
through the great diftance and even unknown
retreat of the abfent parties The Governor,
on the ftrength of this treaty, iflued his proc-
lamation for a ceffation of hoftilities, on the
third day of September.

Whilft the feveral branches of the govern- Records of

the Gen.

ment were endeavouring to promote peace court.
with the Eaftern Indians, they were no lefs
attentive to quiet thofe at the Weftward, up-
on ftill more refined and durable principles.
Having appointed comrniffioners to attend J«ne 7.
the interview with them at Albany, they at-
tempted a plan for winning over the Mo-
hawks

106 P H I P S.

hawks to civilization. They voted to pur-
chafe a trad; of land of three miles fquare in
Sheffield, and to ereS there two houfes of in-
ftru&ion for the Indian youth of either fex,
who were to be maintained at the expenfe of
the Province, fo far as the donations of Mr.
Hollis and the fociety for propagating the
gofpel might fall ihort of their fupport ; they
alfo directed that thefe youth mould be in-
ftrufted in hufbandry, and that provifion
fhould be made for fapplying the Mohawk
families, until they mould be able to realize
the produce of hdr lands : and, in order to
facilitate the communication between the two
nations, it was provided that two EnglHh
youth ihould be taught the Indian tongue at
the fame place. Sir Peter Warren, in aid of
fo charitable and humane an undertaking^
changed the appropriation of feven hundred
pounds fterling, which fell to him as com-
miffions for receiving the reimburfement
money, and which he had prefented to the
Province, from building a eourt-houfe in
Cambridge, to the education of the Mohawk
children : And a letter was fent to the gov-
ernment of Connecticut, inviting their affift-
ance in the erection of this novel feminary
of learning.

Al

P H I P S. 167

At the elections in the General Court this Records <*

the Gen,

year, a controverfy was renewed between the Couru
Council and Houfe of Reprefentatives re-
fpefting the choice of an Attorney-General
for the Province, which, as it fprung from an
ambiguity in the charter, may not be unwor-
thy of notice. It was provided by the char-
ter, that the General Aflembly fhould have
power to ere ft and conftitute judicatories for
the trial of all caufes ; and that the Governor,
with advice of Council, fhould appoint judges,
commiffioners of oyer and terminer, fheriffs,
provofts, marfhals, juftices of the peace, and
other officers to our council and courts of jitftlce
belonging. And further, that the General
Aflembly fhould name and fettle annually all
civil officers within the Province, fuch officers
excepted, the election and conftitution of
whom was referved to the King or his Gov-
ernor.

The Houfe contended, that the right of
choofing refted with the General Aflembly,
becaufe the Attorney-General was a civil of-
ficer ; that the General Court had the fole
right of creeling courts of juftice, and, of
courfe, of creating the officers conftituting it ;
but they never made the Attorney-General a

part

168 P H I ' P S.

1

part of any fuch court, which left him an of-
ficer of the whole government, and not ex-
cepted from the General Court's appoint-
ment ; that he could not be included in the
words, and other officers to our courts belong-
ing, when inferior officers, fuch as fheriffs,
&c. were exprefsly named, general terms be-
ing ufed to exprefs trivial things, fuch as
might be forgotten after enumerating great
ones ; that the reprefentatives in other char-
ter governments joined in the choice of this
officer, and it was fo under the old charter ;
that he was chofen by the General Court in
June, 1716, and the choice was confented to
by William Tailer, Efq. late commander in
chief, and it was fo in Governor Shute's and
Lieutenant-Governor Dummer's adminiftra-
tion ; and every Board fince, for thirty-five
years, had acknowledged the right of the
Houfe, by joining with them in the choice :
They alfo urged, that the negatives which
had been put upon their choice of feveral
perfons by the Governors, as had happened
in the cafe of James Otis, Efq. among others,
was an argument in their favour, as they
prefuppofed an ele&ion.

On

P H I P S. 169

On the other hand, the Council flated the
cafe generally to be thus. That in Governor
Burnet's adminiftration, he nominated Mr.
Overing, and the Council advifed and con-
fented to it. Soon after his death, the Board
were prevailed on to join with the Houfe in
the choice ; but the Governor refufed his
confent, and fucceeding Boards ever fmce
joined with the Houfe in the choice of that
officer, and their right fo to do has been de-
nied by the feveral Governors ; that the firft
appointment by Governor Burnet continued
in force until Mr. Overing's death, after
which, upon Governor Shirley's nominating
the prefent Attorney-General, Mr. Trow-
bridge, the Board very maturely deliberated
upon the affair, advifed to the nomination,
were convinced of the inconfiftent actions of
the Board in former years, determined to per-
fevere in confiftency for the future, and con-
tinued in the fame refolution.

The refult of this difpute was the fame as
had before taken place. The Houfe were
obliged to join in the choice of other civil of-
ficers, referving their right as to that of the
Attorney-General.

X As

P H I P S.

As an elucidation of the fyftem of colo-
nial government which England intended to
adopt, and of its being founded on the par-
tial idea of encouraging the Plantations in
fuch mode only as would tend to the final
profit of the mother country, and checking
every exertion which might thwart her in-
terefts though promotive of theirs in the moll
eflential concerns, we may adduce the mem-
23d.cco.iL orable acl: of the Britifh Parliament for en-
**' 29' couraging the importation of pig and bar-iron
from the Colonies in America, and to prevent
the erecting of any mill for the flitting or
rolling of iron, or any plating forge to work
with a tilt-hammer, or any furnace for ma-
king fteel in any of them. The object of
this law was to furnifli the manufactures
with iron, from a country which, inftead of
money, would take the woolens of Great-
Britain : And fo little were the interefts of the
Coloniits confuited in it, that the only obfta-
cle to the bill feerned to be from the pofleff-
ors of iron mines, woodlands, furnaces, &c.
in England, and great care was taken not to
injure them, by providing that American
bar-iron ihoulcl be imported only into London
where the market was before wholly fupplied

f7p5ro 5> with foreign iron.

This

P H I P S. 171

This arbitrary law prohibited the ere&mg
or continuing any of the machines aforemen-
tioned in the Colonies, under the penalty of
^£.200 fterling, and the Governors were di-
rected to tranfinit certificates, with very par-
ticular defcriptions of all fuch as were erect-
ed before the enacting of the law. By fuch
a certificate it appears, that there were in
Maflachufetts four of thefe prohibited ma- Minm««§

the Gen.

chines, of which two were in the town of Court.
Middleborough, one in Hanover, and one in
Milton,

The year 1752 was rendered remarkable
by the fpreading and termination of the fmall-
pox in the towns of Bofton and Charleftown.
It is well known, that Dodor Boylflon had
the merit of firft introducing the practice
of inoculation to the capital, from an ac-
count which he met with of its fuccefs in
Conftantinople, The prejudice againft this
falutary invention ran as high as fuperilition
could well carry it ; but, like other groundlefs
apprehenfions, it has been worn away by time,
and left no other effecT: behind it, than adding
to the fame of thofe whofe characters it had
mod malicioufly attempted to deftroy. The
refult of the difeafe was, that in Bofton, 5,059

white

172 P H I P S.

white perfons, and 485 blacks, fuffered them*
felvs to be feized with it in its natural courfe,
of whom 452 whites, or upwards of one in
eleven, and 62 blacks, nearly one eighth,
died. 1,970 whites, and 139 blacks, were
inoculated. Of thefe, only 24 whites, the
proportion of about one in eighty-two, and
7 olacks, not one in twenty, died. Even
this demonftration, however, did not extin-

Report of . .;

the sekdi- guifh the fcrupulous oppolition to inoculation,

men in the , • j * 11 iirni

Evening which may yet be traced, though by fall de-
clining evidence, even to the prefent time,

The annual commiffion for treating with
the Eaftern Indians was filled by the Hon.
Jacob Wendell, Samuel Watts, Thomas Hub"
bard, and Chambers Ruffell, Efquires, who
met the delegates of the Norridgewocks, Pe-
nobfcots, and St. John's tribes, at the fort at
St. Georges, on the 2oth. of Oftober, and
there, after a friendly conference, ratified and
confirmed the treaty of 1 749, which we have
particularly recited in the events of that year.
But, as though the Indian intereft were never
to be wholly fecured, the St. Francis tribe
was not included, owing, as the Lieutenant-
Governor infilled, to the influence of the
French.

The

SHIRLEY. -?73

The commiffioners at Paris not being in the
way of effecting any thing of confequence on Boiiair.
the fubjecl: of the partition lines between the jwiy ^
French and Englifh in America, Governor
Shirley was recalled from that fervice in the
month of May, 1752, and on the 7th. of Au-
guft, 1753, he arrived at Bofton, again to
take upon hinifelf the government of the Pro-
vince. His landing was marked with great
cxpreflions of joy on the part of the people ;
and he was addrefled by the Epifco.pal Cler-
gy, the Juftices of the Peace, and the Juftices
of the Inferior Court of Common Pleas for

•

the county of Suffolk, the Corporation of
Harvard College, the Houfe of Reprefenta-
tives, and the Council. In addition to which,
feveral wealthy proprietors of a little town
built at Pulling-Point for purfuing the fifli-
eries, requefted the honour of claiming his
patronage, and fhowing their confidence in
his attention to thefe important interefts of
their country, by affuming for their fettle-,
merit the name of Point Shirley.

Few perfons could have been better fltu-
ated to forefee the enfuing war than Gover-
nor Shirley, and he anticipated all the hcr-
i-ors which would attend an invafion from

the

i74 SHIRLEY.

the Indian enemy. He therefore loft na
time in preparing a commiffion to treat with
them, and to take forne leading fteps for bri-
dling their country. At the head of the com-
miiiioners we find Sir William Pepperell ; his
affociates were Jacob Wendell, Thomas Hub-
bard, John Window, Efquires, and Mr, James
Bowdoin, who met the Chiefs and others of
the Penobfcot tribe on the 2 1 ft. of September ;
and after fome cenfure for not ufmg their ut-
jnoft endeavours to effect the redemption of
the captives taken at Swan-Iiland, again went
through the ceremony of renewing and rati-
fying the treaty of 1749. When the com-
miffioners arrived at Richmond to treat with
the Norridgewock tribe, and touched upon
the fubjedt of their lands, thefe Indians ex-
printed preffed themfelves willing that the Englifh
fhould fettle all the ground below Richmond^
but none above it. They did not appear fat-
isfied that a deed had been executed by their
anceftors, or that the Englifh had erected a
truck-houfe there more than one hundred
years before, of which the ruins ftill remain-
ed. They thought the Englifh might have
intoxicated their forefathers ; they doubted
the value of the confideration ; and, in fhort,
hunting upon the lands was neceflary to

their

SHIRLEY. 175

their exiftence. They could not be brought
to fay more than that they would inquire re-
fpedting them, and would make known the
refult. After promifes to bring the captives
from Canada, the treaty of 1749 was again
renewed and ratified, and the commifiioners £e?~ ».?•
returned.

CHAP. VIII.

Comparative view of the policy , Jituation^ and
claims of the French andEnglifh in Ameri-
ca — Hojlilittes commenced between them in
the Wejlern Territory— Expedition to Ken-
nebeck — -The building efforts there,

T

HE peace which had fuBfifted between
the crowns cf France and Great-Britain fince
the year 1748, waf\ in facl", nptl ' •; more
than a truce for digefdng and ripenh^ one
of the greater! plans that European nations
had ever attended to, and for gathering
ftrength to carry it effectually into execution.
The rivalfhip cf thefe countries was placed
on a critical poife, which both apprehended
would be finally call by the preponderance
«f the certain, though remote power, which

muft,

SHIRLEY.

muft, in the deftiny of things, arife from.
America. Who ihould poffefs this country ?
was then one of the moft important quef-
tions that could be made : And,, although it
might be too latent to be interefting to the
body of either nation in Europe, yet it was
open to the view of the real politicians of
both, and from local caufes, made a more
general impreifion on the people of the
American Colonies. Excluded from all the
front coaft of North-America, the French
aimed at repairing this difad vantage by pof-
fefTmg the River St. Lawrence to the north,
and the Miffifippi to the fouth, and then con-
necting their territories through the interme-
diate lakes and waters. This, befides ena-
bling them to gall the backs of the Britifh
Colonies, would have given them the country
weft of the Apalachian Mountains, with paf-
fages by water into the Atlantic : A country
fo extenfive in territory, fo favoured in its
climate, and fo accommodated with waters
and foil, that we ought not to wonder at its
engaging the ambition .of kings, nor that,
whilft they contended for fuch a prize, by
immenfe exertions in populating and fortify-
ing America, they fliould be prevented from
reflecting, that fuch a country could not be

deftined

SHIRLEY. 177

deftined finally to be fubjeS: to any foreign
empire upon earth.

The respective powers and profpefts of
the two nations engaged in this controverfy
were fuch, as would rather have led to the
conjecture of a mutual debility in the purfuit
and a like difappointment in the refult of it,
than the decided conqueft which actually en-
fued ; and which no event has been equal to
counterpoifmg, until the ftill more important
divulfion of the prefent United States from
one of them, was fuffered to take place.

The French military enterprize and ardour
was aided by a decifion natural to the char-
acter of the nation, and reiulting from the
defpotifm of their monarchy. Their religion,
or rather their priefts, fubferved the caufe of
their government, with all the arts and influ-
ence of a fyftem, too long devoted more to
human than fpiritual purpofes. The rulers
of the mother country, and all their Colonifts
had but one obje£L No encroachments upon
charter privileges, no refiftance to the exer-
cife of difputed prerogative, no divifion of
the eftabliihed church, relaxed the common
ardour for the glory of the monarch. The

Y favages

178 SHIRLEY.

favages alfo were fraternized by an affimiht-
tion of manners, of families and of worfhip.
When the French planted a military poft, it
was not merely by a garrifon ; but they nat-
uralized the place, by a domeftic neighbour-
hood and a numerous population. This mix-
ture with the natives gave them an afcenden-
cy in their counfels and enterprizes. When
they levied war, they drew on the favage
tribes upon the frontiers of the enemy, and
after exercifing their ufual barbarities, com-
monly retreated too foon for fuccefsful pur-
fuit. The Englifh, on the other hand, relied
much on their navy, and the independent ex-
ertions of their Colonies. Thefe having gen-
erally planted themfelves without aid or en-
couragement from the mother country, were
fuffered too long to depend upon their own
protection for fupport. Mifunderftandinga
and complaints were conftantly arifing as ta
the relative force which England and her Col-
onies, and which the feveral Colonies, ought
to furnifh againft the common enemy. Irt
fliort, a diftruft of the mother country as to
the intended independence of her political off-
fpring, and a fear on their part as to her en-
croachments upon their rights, together with
internal jealoufy of one another, feemed

fatally

SHIRLEY. 179

fatally to retard and enfeeble every meafure
taken againft fo united and prompt an enemy.
Still, however, at home there was wealth, in
the new world great comparative population,
and in both, a pride of liberty with an invin-
cible fpirit, which, if not awakened until a
late hour, yet was not accuftomed to relin-
quifh its purfuit until gratified with vidory.

The claims of the two nations, and the
meafures taken by them for effecting their
views, were founded on various rights and
pretenfions, and were conducted with much
art and exertion. Thofe on the fide of Nova-
Scotia have been as minutely detailed as the
nature of this little work will admit. Thofe
on the northern and weftern lines of the Brit-
ifh Colonies were raifed on fomewhat differ-
ent grounds,. The French had the advan-
tage of a decidedly prior Settlement in the
country of New-France ; however, the En-
gliih did not fail to counterbalance this in two
ways* One was, by reftriding the right of
the French to their a&ual fettlements at the
time of the grant to the Plymouth Company,
in 1620, of all the lands between the 4oth.
and 48th. degree of north latitude, which
would have deprived them of all the country

below

i8o SHIRLEY.

below Montreal to the fouthward of the St.
Lawrence, and of all the country above Mon-
treal to the fouthward of the north bounds
pf this line. The other counter-claim was
founded on treaties with the natives. Among
thefe were five nations, fo fuperior in arms to
all others, that they might be called the Ro-
mans of the American Barbarians. They are
faid to have carried their conquefts as far as
New-England and the Utawawas River to
the eaftward, to the Hudfon's Bay Company's
territories northward, to the Illinois and Mif-
fifippi Rivers weftward,and to Georgia fouth ;
deftroying or adopting nations, and making
them vaiTals and tributaries, through all this
immenfe region, of about twelve hundred
miles in length, and feven or eight hundred
in breadth. Among others, the Tufcaroras,
the former inhabitants of the Carolinas, fled
to them for protection, in the year 1711, and
they were from that time generally known to
the Englifh by the name of the Six Nations,
and to the French by that of the .Iroquois.
With this powerful people the Englifh form^
ed a treaty in 1 664, whereby they gave their
lands, and fubmitted thcmfelves to the King
of England ; and they confirmed his Sove-
reignty over them by further treaties in 1684

and

SHIRLEY.

and 1687 ; in addition to which, the Engliih
infifted that the country cf this people was
ceded to them bv the French in the treaties cf

J

Utretcht and Aix-k-Chappelle,

Affuming this title as a good one, about
twenty forts which the French had erected,
befides block houfes or fbockade trading places,,
were unwarrantable encroachments. Such
as thofe at the north fide cf the eaft entrance
of Lake Ontario in 1 672, at Michilimackinae
in the year following ; one at Niagara Fall in
1684, and another at the fame ftreight in
1720 ; one between the lakes Erie and Hu-
ron in 1683 5 one on eack fi^e °f the lake
Michigan ; another at the weft fide of the
river Toronto, and three forts, with a forti^
ned town and citadel, called St. Frederick or
Crown-Point, at the lake and river of Iro-
quois, or Charnplaiii Lake, and Richlieu or
Sorrel River ; together with many fettlements
between the mouth of Iroquois River and
Montreal, on the fide of -the St. Lawrence, Tranfa<ai
which, with feven villages within the difputed °^c^
bounds of Maffachufetts, might have contain-
ed about thirty parifh churches.

It

ions

SHIRLEY,

It may be neceflary to obferve, that the
French geographers in their turn, limited the
rights of the Iroquois to a fouth-weft lina
drawn from Montreal to Lake Toronto, where
they alfo bounded them to the weftward, and
allowed them only the country between this
line and the Britiih fettlements, claiming, ancj
in part poffeffing, the refidue themfelves.

The claims of thefe crowns carried fo much
appearance of right on both fides, as ferved
to furniih commiffioners with ingenious and
colourable arguments for negociation, arid
their matters with decent pretenfions for de-
lay, that was intended only to prepare for a
fuccefsful appeal to the fword. At length*
complaints of injuries began to be made with
official ceremony, and caufes of forcible re-
fiftance to be affigned. This was not difficult
in fuch a controverfy, fo productive /of

tual provocation and. refentment among the
borderers, that the only embarraflment was,
how to find a pretext for overlooking wronga
until the moft convenient time for revenging
them fhould arrive.

As the difputed territory of Acadia fur-
nimed am ample field for hoftility on one
fide3 fo the country along the lakes and inter-

nal

SHIRLEY. 183

nal rivers prefented a fcene of a like nature
on that quarter. The French having taken
feveral Engliih traders on this territory, and,
after confifcating their goods, fent their per-
fons to Canada ; the Indians in their alliance
having murdered feveral Engliih fettlers on
the fame ground, and their forts and forces
being in a conftant advance, Lieutenant-Gov-
ernor Dinwiddie, of Virginia, felt himfelf con-
ftrained to fend a meflenger to the commander
of their forces on the Ohio, to inquire into the
reafons of thefe injurious proceedings. It is
a circumftance remarkable to every American,
that the man who was appointed to bear this
meflage, and to open, as it were, the great
eontroverfy which enfued, was the illuftrious
patriot, who afterwards filled the firft ftationv,'
in the immortal revolution of his country.
The anfwer which was given to him was fuch
as the nature of the difpute dictated, " that
it was French territory/5 A fort was then
erected by the Virginians to check the pro-
grefs of the enemy at the Forks of the Mo-
nongahela : This, on the ijih. of April, was
taken by the French with a very considerable
force, confifting of upwards of 600 men and
1 8 pieces of cannon, the garrifon being per-
mitted to retire. On tl^e 28th. of the fame

month,

Lithgo\v*s
Letter to
Shirley,
May 4th,
Goodwin's
Letter,
May 15.

SHI R L E Y.

month, Col. Washington killed and took a
fmall party who were approaching him under
the command of Capt. Dijonville ; but on the
3d. of July, being furrounded by vaftry fu-
perior numbers, after a manly refiftance from
1 1 o'clock in the forenoon to 8 in the even-
ing, he was obliged to capitulate, on terms
Xvhich did juftice to his own bravery and that
of his little army.

Thus were hoftilities decidedly commenced
on the continent ; and all the Colonies with
the mother country pledged, from principles
of honour and fafety, to purfue the fortune
of the fword.

The cloud fbon gathered round the fron-
tiers of Mafiachufetts Bay. The Indians
were called upon to hear a letter from Gov-
ernor Shirley on the fubjecl: of the French
being fuffered to build a fort near the head
of Kennebeck River, as was reported, and for
the difcovery of which their aid was neceflary*
But they could not be drawn into the out-
forts ; they clefifted from their uiual trade,
and put on ftrong appearances of hoftility.
The government of the Province having
agreed upon building a fort at fome fuitable
place up the river, both to fecure the com-
mand

SHIRLEY. 1 8

jnand of it, and to influence the Indian inter- /I
eft in general, fix companies of men, making
800 in the whole, were raifed and ordered to
rendezvous at Falmouth. With 500 of thefe
men, the Governor, accompanied by Col. Paul
Mafcarene as commiffioner from Nova-Sco-
tia, Major-General Window, who had the
immediate command of the forces, and other
perfons of rank, embarked at Bofton to hold June 3I-
a conference with the Indians in perfon. Up-
on his .arrival at Falmouth, he found the com- June 26.
miffioners from New-Hampfhire there. The
Norridgewocks had been waiting fome days,
but the Arfeguntacooks would not come, un-
der the pretence of two of their tribe having
been killed the laft year in New-Hampfhire,
though the more probable reafon was, the
revenge they had taken for this affair, by the
captivating of a white man with his family,
and plundering his houfe. The Norridge-
wocks at firft continued in their refolution to
refufe their confent to the building of a fort
on the lands of their anceftors ; but upon be-
ing fhewn in what manner their rights had
been formerly furrendered, they no longer
withheld it. In a few days, thirteen agents

Z from

x86 ' SHIRLEY.

from the Penobfcot tribe arrived, and ratified
Governor Dummer's treaty, together with that
made at Cafco-Bay in 1 749 : And both thefe
tribes were made fenfible, by intercepted let-
ters, of the artful and fraudulent tricks of
their Roman Catholic priefts, to involve them
in a war with the Englifh. Upon the invi-
printed tation of the Governor, they fent five of their

Journal.

young men to Bofton for the benefit of edu-
cation.

The Governor then proceeded to the
building of the fort at Taconnet Falls, and ex-
ploring the river up to the great carrying
place between the Kennebeck and the Chau-
Gaze°ttee diere, about forty miles above Norridgewock*
sept. 3d. Here, however, the forces found no fort
erected by the French : And after vifiting the
Norridgewocks, and difplaying their numbers
to fuch few other Indians as fell in their way,
they returned to Taconnet, on the 23d. of
Auguft, having performed a march of fixteen
days. The fort erected there was called Hal-
ifax, and the one at Culhenoc, Weftern. The
naming of the former was attended with fome
ceremony, and an infcription as follows :

SHIRLEY. 187

§>uoc{ fclix faitftumque fit \

PROVINCIJE MASSACHUSETTENSI ;

Hunc lapldem pofuit

GULIELMUS SHIRLEY, Gubernator^

Sub aiifplciis

ijfimi GEORGII MONTAGUE DUNK,
Comltis de HALIFAX,

Provinciarum^
Quotquot funt ditionis BRITAN

Per AMERICAM utramque^
Prtefefti atq ; Patronl illuftri
Die 3. Septembr'iS) A. D, 1754.

On the Qth. of September, the Governor
and his company arrived at Caftle William,
and the next day landed with great parade
and many congratulations at Bofton.

CHAR

SHIRLEY,

CHAP. IX.

Meeting of Commiffioners at Albany — Their
plan of Union — Debates on it in the General
Court — E&ccife Bill — Objections to it by the
people— Cafe of Daniel Foiule and others for
publijhing a Libel — Indians invade Stock~
bridge.

HE Six Nations of Indians were juftly
regarded by the Eaglilh of fo much confe-
quence, as to induce the cpmmiffioners for
plantations to direcl: a general convention of
delegates from all the governments to be held
for treating with them and fecuring their
friendfhip, particularly as they had been dif-
gujfted by negleft lately experienced from the
agents of the Province of New- York. To
this meeting, which was held at Albany, on
A the 1 4th. of June, 1 754, Maffachufetts, with
f ^five other Provinces, fent commiffioners. It
is remarkable that this government not only
empowered the commiffioners to acT: upon
the object of the letter from the lords com-
miffioners for trade and the plantations, at
whofe direction this convention was held, but

likewife

M.S. Jour-
nal in the
Library of
ths MafTa-
chufetts
Hiftorical
Society.

SHIRLEY. 189

iikewife to enter into articles of union and | *)
confederation with the other governments, for
the general defence of his Majefly's fubjects
and interefts in North-America, as well in
time of peace as of war : And the latter
part of this commiffion was net directly ex-
prefled in any other delegation excepting that
of Maryland, and the inftru&ion in that was
only to obferve what fhould be propofed by-
others upon this fubjeft.

At the convention, where about 150 men
only of the Six Nations aflTembled, the affairs
of the Indians were fully difcuffed, and their
interefts fecured by large prefents. The del-
egates ftated the title of the Englilh to their
fettlements in North-America, and the en-
croachments of the French upon them : and
concluded that their further advances fhould
be prevented ; that the Indians fhould be fe-
cured by a wife fuperinteridency, by a regu-
lation of their trade, and by building a fort
for the fafety of each nation ; that the free
navigation of the lakes fhould be maintained
by fufficient naval armaments ; that all pur-
chafes of lands made of the Indians, unlefs
when afTembled in their public councils, or
when they might be made by the govern-
ments

SHIRLEY.

within whofe jurifdidion the lands Iief
ihould be made void ; and that patentees of
large unfettled territories fhould be obliged
to fettle them in a reafonable time.

The convention further gave an opiniont
that inquiry fhould be made and redrefs afr
forded the Indians, relative to fraudulent con-
veyances of their lands ; that the bounds of
thole Colonies which extend to the South
Sea, fliould be contra&ed and limited by the
Allegany or Apalachian Mountains ; and that
there Ihould be a union of the Colonies, that
fo their counfels, treafure and ftrength might
be employed, in due proportion, againft the
common enemy.

The commiffioners of Maflfachufetts report-
ed, that a doubt arofe in the convention as to
dividing the Union, at leaft into two diftrifts,
from the great extent of territory included
within it \ but the probability that the defigns
of the enemy would require the united
ftrength and counfels of the whole Britifh
continent, and that the affairs of the Indians
would demand the direction of one undivided
power, overruled an idea which, if executed,
muft have much enfeebled, if not finally ru-
ined, the ftrength of the whole.

The

SHIRLEY. 191

The plan of union was as follows, viz. 1 1

IT is propofed that humble application be / / U v\
made for an act of Parliament of Great-firi-/^/^^
tain, by virtue of which one general govern- dtJ( ^
ment may be formed in America, including^* , * / J

all the faid Colonies : [MafTachufetts-Bay, '

New-Hampfhire, Connedicut, Rhode-Iflan
New-York, New-Jerfey, Penniylvania, Mary-
land, Virginia, North-Carolina and South-Ca-
rolina] within and under which government,
each Colony may retain its prefent conftitu-
tion,except in the particulars wherein a change
may be directed by the faid act, as hereafter
follows.

Prefident-General and Grand Council. J* VU'C/t C$
That the faid general government be ad-
miniftered by a Prefident-General, to be ap-
pointed and fupported by the crown ; and a
Grand Council, to be chofen by the reprefent-
atives of the people of the feveral Colonies,
met in their refpective aflemblies.

E/effion of Members.

That within months after the pafT-

ing of fuch act, the Houfes of Reprefentatives
that happen to be fitting within that time, or
that fhall be efpecially for that purpofe con-
vened,

i92 SHIRLEY.

vened, may and fhall choofe members for the*
Grand Council in the following proportion,
that is to fay :

Maflachufetts-Bay, 7

New-Hampiliire, 2

Connecticut, 5

Rhode-Ifland, 2

New-York, 4

New-Jerfey, 3

Pennfylvania, - 6

Maryland, 4

Virginia, 7

North-Carolina, 4
Soutfy-Carolina, - 4

48

P/tf<r£ °f firft Meeting.

Who fhall meet for the firft time, at the

city of Philadelphia, in Pennfylvania, being

called by the Prefident-General as foon as

conveniently may be after his appointment,

New Ekffion.

That there fhall be a new eledion of the
members of the Grand Council every three
years ; and on the death or refignation of
any member, his place fhall be fupplied by a
new choice, at the next fitting of the AfTem-
bly of the Colony he reprefented.

Proportion

SHIRLEY. s93

Proportion of the Members after tbejirjl three

years.

That after the firft three years, when the
proportion of money arifmg out of each Col-
ony to the general treafury can be known,
the number of members to be chofen for
each Colony mall, from time to time, in all
enfuing elections, be regulated by that pro-
portion (yet fo as that the number to be cho-
fen by any one Province be not more than
feven, nor lefs than two.)

Meetings of the Grand Council and Call.

That the Grand Council mall meet once ia
every year, and oftener, if occafion require,
at fuch time and place as they mall adjourn
to at the laft preceding meeting, or as they
mall be called to meet at, by the Prefident-
General, on any emergency ; he having firft
.obtained in writing, the confent of feven of
the members to fuch call, and fent due and
timely notice to the whole.

Continuance.

That the Grand Council have power to
choofe their Speaker : and fhall neither be
diflblved, prorogued, nor continued fitting

A a longer

194 SHIRLEY.

longer than fix weeks at one time ; without
their own confent, or the fpecial command of
the crown.

Members' Attendance.
That the members of the Grand Council
fhall be allowed for their fervices, ten (hillings
fterling per diem, during their feffion and jour-
ney to and from the place of meeting ; twenty
miles to be reckoned a day's journey.

A/pent of Prefident-General and his duty.
That the afient of the Prefident-General be
requifite to all ads of the Grand Council ;
and that it be his office and duty to caufe
them to be carried into execution.

Power of Prefident-General and Grand"
Council — ^Treaties of peace and war.

That the Prefident-General, with the ad-
vice of the Grand Council, hold or direft all
Indian treaties in which the general intereft of
the Colonies may be concerned ; and make
peace or declare war with Indian nations.

Indian Trade.

That they make fuch laws as they judge
neceflary for regulating all Indian trade.

Indian

SHIRLEY. 195

Indian Purchafes.

That they make all purchafes from the In-
dians for the crown, of lands not now within
the bounds of particular Colonies, or that
{hall not be within their bounds, when fome
of them are reduced to more convenient
dimenfions.

New Settlements.

That they make new fettlements on fuch
purchafes by granting lands in the King's
name, referving a quit- rent to the crown, for
the ufe of the general treafury.

Laws to govern them.
That they make laws for regulating and
governing fuch new fettlements, till the crown
{hall think fit to form them into particular
governments.

Raife foldiers^ and equip vejjels^
That they raife and pay foldiers, build forts
for the defence of any of the Colonies, and
equip veflfels of force to guard the coafts and
protect the trade on the ocean, lakes, or great
rivers ; but they mall not imprefs men in any
Colony, without the confent of the Legiflature.

Power to make laws, lay duties^
That for thefe purpofes they have power

«i

to

196 SHIRLEY,

to make laws, and lay and levy fuch general
duties, impofts, or taxes, as to them fhall ap-
pear rnoft equal and juft, (confidering the
Ability and other circumftanees of the inhab-
itants in the feveral Colonies) and fuch as may
be collected with the lead inconvenience to
the people ; rather difcouraging luxury, than
loading mduftry with unnecefiary burdens.

General Treafurer and particular Treafurer,
That they may appoint a general Treafurer
and particular Treafurer in each government^
when neceflary ; and from time to time may
order the fums in the treafuries of each gov-
ernment into the general treafury, or draw on
them for fpecial payments, as they find moft
convenient,

Money how to iffue.

Yet no money to iflue but by joint orders
of the Prefident-Generat and Grand Council,
except where fums have been appropriated to
particular purpofes, and the Prefident-General
has been previoufly empowered by an act to
draw for fuch fums.

Accounts.

Thai the general accounts fhall be yearly
fettled, and reported to the feveral aflemblies.

Quorum.

SHIRLEY, 197

Quorum.

That a quorum of the Grand Council, em-*
powered to a£t with the Prefident-General,
do confift of twenty-five members ; among
whom there {hail be one or more from the
majority of the Colonies,,

Laws to he tranfoiitted.
That the laws made by them for the pur-
pofes afprefaid, {hall not be repugnant, but, as
near as may be, agreeable to the laws of En-
gland, and fhall be tranfmitted to the King
in Council, for approbation, as foon as may
be after their paffing ; and if not difapproved
within three years after prefentation, to re-
main in force.

Death of the Prefident-GeneraL
That in cafe of the death of the PrefiderU-
General, the Speaker of the Grand Council
for the time being {hall fucceed, and be veil-
ed with the fame powers and authorities, to
continue till the King's pleafure be known,

Officers bow appointed,
That all military commiffion officers, whe-
ther for land or fea fervice, to act under
this general conftitution, fhall be nominated

by

198 SHIRLEY.

by the Prefident-General ; but the approba-
tion of the Grand Council is to be obtained,
before they receive their commiffions. And
all civil officers are to be nominated by the
Grand Council, and to receive the Prefident-
General's approbation before they officiate.

Vacancies how fupplied.
But in cafe of vacancy, by death, or re-
moval of any officer, civil or military, under
this conftitution, the Governor of the Prov-
ince in which fuch vacancy happens, may
appoint till the pleafure of the Prefident-Gen-
eral and Grand Council can be known,

Each Colony may defend ilfelfon emergency ,

That the particular military as well as civil
eftablifhments in each Colony remain in their
prefent ftate, the general conftitution notwith-
Handing, and that on fudden emergencies any
Colony may defend itfelf, and lay the accounts
of expenfe thence arifing before the Prefident-
General and Grand Council, who may allow
and order payment of the fame as far as they
judge fuch accounts reafonable*

*»

In contemplating this inftrument, one can
hardly fupprefs an enthufiaftic fpirit of con-

je&ure

SHIRLEY. 199

jedure upon the ftate of America and Europe, \ -j y /
had it taken place. Although it be fhort of
the prefent well-digefted and ikilful fyftem
operating upoa the United States, yet it evi-
dently fprung from the fame principles, and
if conne&ed with the ftrong government of
Great-Britain, probably would have lafted fo
long as greatly to retard, perhaps forever to
prevent, the revolution of 1776, and its ex-
tenfive confequences. Blinded by fatal na-
tional prejudices, the Britiih Colonies would
yet, perhaps, have confidered French, Span-
iards, and other foreign nations, as their nat-
ural enemies ^ and that connexion, which im-
parted bleffings of liberty, till then unknown,
to communities now by her example emanci-
pated from their political chains, might never
have been formed. The commerce of Ame-
rica, fo diffufed through new channels in Afia
and the north-weft coaft of her own continent,
might ftill have been reftrided by the hand
of monopoly : and the profpecl: of reforma-
tion by rational and deliberate means, in her
parent country, to the equal enjoyment of
civil and religious principles, which is yet to
be Uoped for, might never have opened.

The

SHIRLEY.

The apprehenfions of the Britifh cabinet,
however^ feem to have been founded on a dif-
ferent expectation. They contemplated the
plan of union as calculated too ftrongly to de-
monftrate the ability of the Colonies to defend
themfelves, whilft the control of the crown
over the admin iftration was too feeble to in-
fure its eventual fuperiority. They preferred
advancing monies to fecure their dominions,
which ihould be drawn for by the general
government in America, but raifed by their
own authority within the Colonies. Enter-
taining thefe principles, they rejected the plan
for want of fufficient powers in the throne ;
whilft the provincial governments, fearing
that the royal prerogative would have too
prevailing an influence, united in the fame
decifion from oppofite principles : and the
maturing and adopting of this important
fcheme in North-America, was referved for
her feparate and independent authority in the
year one thouiand feven hundred and eighty-
eight.

In the courfe of debating upon it in the
Houfe of Reprefentatives of MafTachufetts, an
idea prevailed of making it lefs general ; but
the general and partial plans as reported, were

both.

SHIRLEY.

both rejected, and a queftion was put, Wheth- 1 7
er it be the mind of the Houfe that there
fhould be a general union of his Majefty's
Colonies on this continent, except thofe of
Nova-Scotia and Georgia ? and it was refolv-
ed by yeas and nays in the affirmative, by
a majority nf r»nty three members, the Houfe
then confifting of feventy-eight. At length,
the consideration of the report for the general \
union was voted to be fufpended until the
members fhould have an opportunity to con-
fult their conftituents refpeding it, forty-eight
voting in the affirmative againft thirty : and
in this ftate it appears finally to have refted.

£>
Among the moft remarkable legiflative oc- IX

currences of this period in MafTachufetts, we
are to confider the bill for granting an excife
upon wines and other fpirituous liquors, and
the proceedings which followed it. This
meafure, which originated with a diviiion of
the commercial and landed inter efts, was main-
tained with an inflexibility againft oppofition,
which, in this free country, was by fome con-
ftrued into feverity. The taxes becoming
burthenfome from the great expenfes of the
Province, the Houfe of Reprefentatives en-
deavoured to relieve the polls and eftates, the

B b fubjefts

201

202 SHIRLEY.

fubje&s of what is ufually called the dry tax,
by a duty on the confumption of fpirituous
liquors. In the bill for this purpofe, with a
view to prevent the evafion of the law by the
procurement of liquors from other hands than
the licenfed retailers, an extraordinary provi-
fion was introduced for fweailng c^cry houfe-
holder, if the collector or his deputy required
it, as to the quantity confumed in his family,
not purchafed of fome licenfed perfon, in or-
der that the duties might be accounted for by
the confumer. A regulation pervading the
private circumftances of individuals fo mi-
nutely, tending fo much to the increafe of
oaths, and fubj citing all perfonsto the fearch
and examination of inferior officers, thus veft-
ed with the difcretionary ufe of power fo apt
to pervert even the moft cautious and confid-
erate of mankind, was attacked with great
force of oppofition, on all the general princi-
ples which favour the liberties of the people.
It cannot but ftrike us in a fingular manner,
that at the head of the diflenters from this
bill, againft which one of the greateft objec-
tions was the increafing of the influence of
the chair, the Governor himfelf mould appear,
June J7tii. He fent a meflage to both Houfes, in which
he denounced the plan as inconfiftent with

the

SHIRLEY. 203

the natural rights of every private family in
the community ; he exprefied his difappoint-
ment at the bill's being tacked by way of con-
dition to the ordinary excife bill ; that a vote
of non-concurrence having paffed in Council
upon the bill, a re-confideration was had at a
time when four diflentient members were ab-
fent, and when the whole number of the
Counfellors was lefs than when it was reject-
ed. He therefore recommended the printing
of the bill for the confideration of the peo-
ple, and that the Aflembly fhould take it up
again at the adjournment. This proportion
was complied with, and the bill being thus
opened for general difcuffion, became the fub-
je<3: of cenfure or approbation with the towns
and the individuals of the whole Province.

No one will haftily deny that legiflative
queftions may arife, whereon the previous
fenfe of the people is to be obtained even by
a dired: reference to their decifion : but fuch
a reference certainly fhould be made only in
unavoidable cafes, as the very aft itfelf ferves
to condemn the meafure in queftion. Be-
fides, fuch a direlidion of the duties affigned
to a legiflature, at beft argues doubt, which
may be the offspring of indolence, or of inde-

cifion,

204 SHIRLEY.

cifion, caufed, perhaps, by the balance of ob-
ftinate parties ; or, what is the worft of weak-
neflfes in any delegated body, an undue fear
of refponfibility. It is hazarding divifions
among the people, and calling upon the dif-
contented to attempt private, foreign and par-
tial purpofes, under a clamour againft public
meafures. If the people are really inclined to
fpeak under a free government, they will not
wait for fuch an invitation ; and if they are
filent, it is the beft evidence of their acquief-
cence and approbation.

When the exceptionable claufes in the ex-
cife bill were laid before the people, there
appeared many publications to influence their
judgment. In thefe, all the real objections
which lay againft the bill, and many far-
fetched and imaginary ones, were adduced.
It was held up as unconstitutional, becaufe it
defcended into the private economy of every
family, which a man ought to hold the right
of keeping fecret, as much as he had a right |
to the exclufive enjoyment of his houfe, which
was his caftle ; becaufe it obliged a man to
exculpate himfelf by oath from an innocent
a£t, contrary to the fpirit of that invaluable
maxim of law, that no man was held to con-

vid

S H I R L £ Y. 205

vict himfelf. The bill was faid to be calculated
to produce perjury and bribery, and to dimin*
ifh the force of oaths, from the frequency and
improper manner in which they might, and
probably would be, adminiftered by inferior
officers : It was oppofed to the interefts of
the fifheries, by taxing a liquor fo neceffary
to the men employed in them ; and when
once fubmitted to, would be a precedent for
taxing windows, foap and other articles, until
nothing would be left free. Increafmg the
influence of the Governor, by means of the
appointments which he might make under
this act, was held up as a probable means of
finally affecting the elections, and procuring
a venal and criminal affembly, who might
barter away the rights of the people to the
crown ; and the influence of the officers
themfelves over the fears of the people, was
whimfically difplayed, even to the endanger^
ing of conjugal fidelity, and the facrifice of
virgin innocence. The virtues of rurn were
found to be almoft equal to the poetic ideas
of the deified nectar, and the water of the
frontier fettlers was difcovered to be loaded
with a poifonous quality, by running through
marfhes and fens fpawning with frogs, againft
which rum was the only attainable antidote.

Evea

206 -.-SHIRLEY.

Even a tax upon cyder and malt was propof-
ed as preferable to the one in queftion, as this
would fall on the old fettled counties, who
were much the richeft and the leaft engaged
in defending the frontiers : Nor was the ine-
quality of the former tax, which extended
only to rum purchafed in fmall quantities, to
be remedied at fuch an expenfe, efpecially as
the advantage of the rich in purchafing a
larger quantity was confidered by the afleff-
ors in taxing them. Finally, the fpirit of
oppofition to the excife in 1733 was called
up to view ; a mob was deprecated in a way
that affefted a dread of it, and the Governor
was highly applauded, for his timely inter-
ference in faving the liberties of the people
from the dangers with which they were
threatened ; among which, we cannot fail to
remark, that of his own power was reckoned
one of the greateft.

the poor°& But the publication of the moft celebrity,
the was a pamphlet, entitled, The Monjier of
Monfters ; being a witty, farcaftic, and point-
e^ caricature of thofe members of the two

someobfer- Houfes who were materially concerned in

vations on /

the Bin for advancing or oppofmo; the bill, under the fic-

granting an

Excife, &c. tion of two aflemblies of ladies, among; whom

The Voice of

the People, the monfter in queftion was introduced.

The Crifis.

When

SHIRLEY. 207

When the General Court met, the Houfe °aobco »<•
of Reprefentatives refolved, that this pam-
phlet was a falfe and fcandalous libel, refleft-
ing upon the proceedings of that Houie in
general, and on many worthy members in
particular, in breach of the privileges thereof,
and ordered it to be burnt by the hands of
the common hangman. It was then refolv-
ed, that Daniel Fowle, the printer, fliould be
taken into cuftody, who, after examination,
was committed to the common gaol in Bof-
ton. Jofeph Ruflel, his apprentice, Zacha-
riah Fowle, a printer, and Royal Tyler, the
fuppofed author, were alfo taken into cufto-
dy. Mr. Tyler, when brought before the
Houfe, moved for coimfel, which was refut-
ed ; and upon his declining to reply further
than that he was not obliged to accufe him-
felf, he ' was ordered to remain in cuftody,
and without bail. The next day, the Houfe
refolved that Daniel Fowle was concerned in
publifhing the pamphlet, and the day after, Mr.
Tyler, pleading the diftrefled circumftances
of his family, was permitted to return to it,
upon his giving his word of honour to the

Houfe,

io8 S H I R L E Y.>

Houfe, that he would be forth coming when
by them requefted.*

The proceedings againft Daniel Fowle were
of a nature calculated to embarrafs the Houfe ;
and perhaps if fuch a fpirit as Wilkes {hewed
a few years afterwards upon a fimilar occa-
fion in England, had arifen, they would not
have been able to fave their dignity, better
than the Houfe of Commons did in that cafe,
when they found Miller, a printer of the de-
bates of the Houfe, taken out of the cuftody
of their meflenger, by the Mayor and Alder-
man of London, and the meflenger himfelf or-
dered to be committed in default of bail for
a falfe arreft.

Fowle denied their right to commit for his
fuppofed offence, unlefs in the cafe of their
own members : and in addition to this, the
Speaker's warrant directed the Keeper of the
gaol to detain him there until the further or-
der of the Houfe cf Reprefentatives, omitting
the ufual claufe, or until he be otherwife dif-
charged by order of law.

The

* It cannot, perhaps, at this day, be determined how
far Mr. Tyler was really concerned in this pamphlet ; moft
probably, however, he only countenanced the reading and
publifiiing of it. Mr. Benjamin Brandon is fuppofed by
contemporaries to have written it,

SHIRLEY. 209

The cafe became a fubjed of very general
expectation ; and, perhaps, from an apprehen-
fion that the common law was the moft fuit-
able authority to determine it, and from fome
defect in the form of the warrant, Fowle on
the 26th. was relieved from the fe verity of his
confinement, and an opportunity was given
him to go at large ; but this he refufed, faying
with St. Paul, that inafmuch as they had thruft
him into prifon uncondemned (by the law)
they might come themfelves and take him Total

T T . j . . i r eclipfe of

out. However, no judicial proceis was en- Liberty,
tered upon for his enlargement, and on the
sgth. his wife having been thrown into fits to
the endangering of her life, he ftated a requeft
to the Speaker that he might be difmifled
on this account, and that he fhould be ready
to ivalt upon him 'whenever the Speaker might
have occafion for him. He was then brought
before the Houfe, reprimanded for publifhing
the libel, and ordered to be difcharged from
gaol upon his paying cofts.

Fowle made a profejfional ufe of his fuffer-
ings, by iffuing a pamphlet, in which he fta-
ted his five days' imprifonment, forty-eight
hours of which he lay in the common ftone
gaol, in a very glaring manner : and it

C c would

210 SHIRLEY.

would have been fortunate for him had he
been contented to revenge his caufe in this
way, which proved more profitable to him,
than controverting great conftitutional quef-
tions in a court of law, againft the influence
of a ruling party in the Houfe of Reprefent-
atives. But not fatisfied with this, he com-
menced an action againft the Speaker and
Meflenger of the Houfe of Reprefentatives
and the Gaoler, as Mr. Tyler did againft the
Meflenger alone. The new Houfe, by a ma-
jority of two thirds of the members, voted
that this power of committing had often and
for a long time been e-xercifed by many for-
mer Houfes ; that the Houfe of Reprefenta-
tives of the Province were the indifputable
judges of any breach of their privileges, and
had an authority to arreft, commit and exam-
ine for fuch breaches, not only their own
members, but others. That it was the in-
difpenfable duty of the Speaker of the faid
Houfe to iffue his warrants, according to the
orders given, and of the Meflenger and Keep-
er of the Gaol to execute them ; and that
thefe fuits were an attempt againft the rights
of the people of the government, in the au-
thoritv of that Houfe to commit for a con-

* J

tempt to their reprefentative body, to fruftrate

SHIRLEY. in

all effeft cf this authority, and to introduce
diforder and confufion ; and that therefore
the officers who iffued and executed the war-
rants fhould be defended in the adion,

The divifion which exifted in the legiila^
ture upon this fubje£t was fmkingly difplay-,
ed, and affumed a very fericus afped:, when
the Houfe proceeded to make an allowance to
the committee appointed to defend the fuits.
The Reprefentatives, determined to fupport
their privileges, in a very full Houfe voted
the liberal fum of ^.1000 fterling for this
purpofe, to be drawn out as there fhould be
occafion. This vote the Council partially
non-concurred, and returned with alterations,
particularly in reducing the fum. The Houfe
refented this check, and voted that the grant
of any money muft not only originate in the
Houfe in confequence of their reprefenting
the people, but that fuch grant could not be
any way fubjed to the alteration of any other
branch of the government. The Council re-
plied that they had been in the conftant prac-
tice of 1-eflenin.g grants made by the Houfe
ever fmce the charter, but wiflied to avoid
a difpute on this point at a jundure when af-
fairs of fuch vaft importance were depending.

This

212- S H I R L E Y.

This practice the Houfe in their turn denied,
and a very earneft difpute appeared to be ri-
fing from this trifling affair, upon a conftitu*
tional queftion ; till at laft the Council remain-
ing firm in their non-concurrence, the diffi-
culty was fettled by a vote, that the officers
mould be defended at the charge of the Prov-
ince throughout the courfe of the law ; that
the committee appointed for this purpofe
ihould be paid out of the public treafury,
from time to time, fuch fums asfoould be fuf-
ficlent to enable them properly to defend the ac-
tions in the Province ; and in cafe of an ap-
peal to his Majefty in Council, that the
Agent of the Province mould defend them in
England at the public charge.

su court The event of the procefs was, that the Su-
m P£r*lor Court of Judicature finally gave judg-
mcnt in favour of the defendants, confidering
their plea in bar as good, and that Fpwle
iliould pay coft of court?

and The returns of the towns reprefented their
"- opinions upon the excife bill to be much di-
. vided ; and the Houfe not viewing them
d of ^ tne %*lt: °^ conclufive inftrudions, voted
the Houfe. ^ fa^ fhpuld not be cpnfidered. The

capital,

SHIRLEY. 213

capital, and the refpectable trading town of /IVV
Gloucefter were among the opponents of the
bill ; notwithstanding which it was enacted,
and approved by the Governor, with fome
finall amendments, which gave rife to the
Cub New Licked, and other fatirical publica-
tions. In fome of thefe, His Excellency, in j^eRe*
his turn, received the cenfure of the advocates
of liberty, founded on his verfatility of opin-
ion, which, as the general principles of the bill M , /

r ynf/vViU*^

remained the fame as at the laft feffion, was
uncharitably attributed to the anticipation of
a grant made to him very foori after the enact-
ing of it, for fervices in taking pofieffion of
Louifbourg, and in the late Kennebeck expe-
dition. But fuch was the heat of parties at
this day, that nothing more ought to be con-
cluded from this fuggeftion, than that the
grant was ill-timed,

Notwithftanding all the predictions fo dif-
mally detailed againft the excife act, the fatire
of witty pens, with fome few marks of popu-
lar ftigma on the farmers of this branch of
the revenue, feem to have been all the for-
midable confequences of it : although the
Governor was fo fearful of its inefficiency
from the odium annexed to it, that he pro-

pofed

H4- SHIRLEY.

poied a loan for defraying the expenfes of
the government the current year. The town
of Bofton alfo voted to make application in
England in order to prevent the ads obtain-
ing the royal affent, and actually chofe Chrif-
topher Kilby, Efq. their agent for that purpofe*

The Governor had fcarcely returned from
his expedition on the River Kennebeck, when
information was received of an attack upon
the oppofite quarter by a body of Indians,
fuppofed to be about fix hundred in number,
They invaded. Hoofuck, pillaged and burnt
the buildings, killed the cattle, and deftroyed
a very large quantity of grain. At Stock-
bridge, two of them attacked the houfe of
one Chamberlain, in which they met with a
manly refiftance from a perfon named Owen,
who happened to be there ; but his conflict
only ferved to enable Chamberlain and his
wife to efcape ; he himfelf at length falling
under his wounds, and dying very foon. The
Indians fcalped him, and one child, carrying
awTay another with them. This alfo foon
fuffered the fame death, upon an unfortunate
difcovery of a party being in purfuit of the
favages.

Upon

SHIRLEY.' 215

Upon inveftigation, the enemy was found

to have coniifted of the Scatecook tribe, who ton's Letter,

Sept. 8th.

had inftigated the Orondocks and others to
the invafion. Some of their allies had de-
fcended from inhabitants of Connecticut
River, who were driven away in Philip's war.
The wrhole defign had been made known
to the Governor of Canada, who probably
thought it too feafonable for the future plans
of the French, not to afford it his encourage-
ment.

The Englifh fettlers appeared after this Letter of
attack to have been difcontentecl with the woodbridge
conduCt of the inhabitants of Albany, and to thmgton,°r~
entertain fufpicions of the Stockbridge tribe ' 9t '
of Indians. The one for continuing their
trade and connexions with the Canadian fav-
ages, after hoftilities were commenced ; the
other for difcovering inaCtion and reluCtance
as to military duty beyond what had appear-
ed in former wars. The caufe of the latter
was patronized and explained by the leading
men in Stockbridge, who afcribed their cool-
nefs to mifmanagement on the part of the
white people ; the foldiers having charged
this tribe with the late murders, and threat-
ened to take their lives, in fo ferious a man-

ner?

216 SHIRLEY.

Letters of ner as to prevent their eoins: into the woods.

Col.Dwight

&T.wood- from an apprehenfion that their danger

bridge. v L

arofe more from the Englim than the Indian
enemy.

pec. 19, Upon the reprefentation of the Governor,

I/J4- r

ftating the defection of thefe Indians, the
General Court voted to receive them as fol-
diers in the fervice of the Province, and to
give them pay and fubfiftence for fix months,
and invited them either to come to the Court
to relate their grievances, or to lay them before
a committee who ihould be appointed at their
requeft.

CHAP. X.

taking of the French Forts in Nova-Scotia^
and removal of the Neutrals.

T

General A HE year 1755 commenced with prepa-
id, j^ur- rations for diflodging the French from their
encroachments in Nova-Scotia. Notwith-
ftanding this expedition was conducted in a
territory now no longer a part of MafiTachu-

fetts,

SHIRLEY. 217

fetts, yet the inhabitants of that Province were /
fo materially concerned in it, that an account
of it cannot be confidered as foreign to the
proper fubjecT: of this work ; and the peculiar
fortune of the French fettlers is fo interefting,
that an apology would not be wanting, even
if it were a digreflion.

This expedition was undertaken and con-
ducted at the expenfe of the crown. The
troops, however, were raifed in Maflachufetts
Bay, and a&ed as a diftind body, under their
own officers, with a promife of the fame pay,
and being treated in every refpect as others
in the fame fervice with them. The com-
mand of the expedition was given to Lieuten-
ant-Colonel Robert Monckton ; but the Maf-
fachufetts forces being formed into a regi-
ment of two battalions, of which Governor
Shirley was the Colonel, the command of
them was conferred on Lieutenant-Colonel John
Winflow, of Marfhfield, a gentleman of one
of the moft ancient and honourable families
in the Province, who held a commiffion of
Major-General in the militia, and whofe in-
fluence was fo great as to effect the raifmg of
2,000 men in about two months, to ferve
for the term of one year, if fo long required.

D d They

SHIRLEY.

They embarked at Bofton on the 2Oth. of
May, and arrived at the Bafon of Annapolis
Royal on the 25th. whence they failed, on
the firft of June, in a fleet of forty-one veffels
to Chignedo, and anchored about five miles
from Fort Lawrence. On the 4th. being
joined by about three hundred regulars, with
a fmall train of artillery, they marched for
the French fort Beau-fejour. When they
came to the river Muffaguafh, on the weft fide
of which the French claimed, they found a
block-houfe, with fome fmall cannon and
fwivels, and a breaft-work, with troops ju-
dicioufly pofted to oppofe their progrefs.
After a conflict of about an hour, the paffage
was effected with the lofs of only one man,
who was killed, and thirteen wounded, the
French burning their block-houfe and village.
The forces then encamped at the diftance of
about two miles from the fort ; and Lieut.
Col. Winflow, with 300 men, having diflodg-
ed a party of the enemy from an eminence
where it was defigned to fortify, advanced
within 600 yards of it. The entrenchments
were opened on the 1 2th. and notwithstanding
the fire of the fort, were advanced no yards,
gaining 85 in a ftraight direction, in one
night. On the i6tli. the enemy furrendered,

the

SHIRLEY. 215

the garrifon being allowed to march out with
the honours of war, and to be tranfported
with their effects to Louifbourg, at the ex-
penfe of the King of Great-Britain, on con-
dition of not bearing arms for fix months*
It was alfo ftipulated, that the inhabitants
fhould be left in the fame fituation as they

were in when the army arrived, and not be

/

puniihed for what they had done afterwards.
This capitulation, and the various fkirmimes
which preceded it, coft the New-England
troops but three men killed, none being mor-
tally wounded.

The fort at Gafpareau of neceffity furren-
dered after that of Beau-fejour. and was allow-

+j *

ed the fame terms. The name of the latter
was changed to Cumberland,

Three Englifh twenty-gun (hips, with a
fnow, appearing in St. John's River, under
the command of Capt. Rous, the French fet
fire to their fort and out-houfes there, and re-
linquiihed the country. One hundred and
fifty of the tribe of Indians received the offi-
cers of the fleet with tokens of friendfhip,
which terminated military operations in that
quarter.

Thefc

220 SHIRLEY.

Thefe fuccefles at fo early a ftage tif the
war, diffufed a general animation through the
Colonies, and were joyfully received as omens
of future good fortune.

The French force in Nova-Scotia being
thus fubdued, it only remained to determine
the meafures which ought to be taken with
refpeft to the inhabitants, who were about
feven thoufand in number, and whofe char-
after and fituation were fo peculiar, as to
diftinguifh them from almoft every other
community, that has fuffered under the
fcourge of war.

The allegations agamft them as a people,
and which were undoubtedly juft againfl
many of them as individuals, were thefe :
That being permitted to hold their lands,
after the treaty of Utrecht, by which the
Province was ceded to Great^Britain, upon
condition of their taking the oath of allegi-
ance, they refufed ro comply, excepting with
this qualification, that they fliould not be
called upon to bear arms in the defence of
the Province ; which qualification, though ac-
ceded to by Gen. Phillips, the Britifh con>

mander.

SHIRLEY, 221

mander, was difapprovecl of by the King :
That from this circumftance they affe&ed the
charader of neutrals, yet furnifhed the Frencli
and Indians with intelligence, quarters, pro-
vifions and affiftance in annoying the govern-
ment of the Province, and three hundred of
them were actually found in arms at the ta-
king of fort Beau-fejour : That notwithftand-
ing an offer was made, to fuch of them as
had not been openly in arms, to be allowed
to continue in poffeffion of their land, if they
would take the oath of allegiance without
any qualification, they unanimoufly refufed it.

The character of this people was mild, fru-
gal, induftrious and pious ; and a fcrupulous
fenfe of the indiffoluble nature of their an-
cient obligation to their King, was a great
caufe of their misfortunes. To this we may
add an unalterable attachment to their reli-
gion, a diftruft of the right of the Englifh to
the territory which they inhabited, and the
indemnity promifed them at the furrender of
fort Beau-fejour. Kotwithftanding which,
there could be no apology for fuch of them
as, after they had obtained the advantages of
neutrality, violated the conditions on which
they were granted, and without which, from

the

23 SHIRLEY.

the nature of the cafe, there was no juft foun-
dation to expert they would be continued.

Such being the circumftances of the French
Neutrals, as they were called, the Lieutenant-
Governor of Nova-Scotia and his Council,
aided by the admirals Bofcawen and Moftyn,
aflembled to confider of the neceflary meaf-
ures to be adopted towards them. If the
whole were to fuffer for the condud: of a part,
the natural punifhment would have been to
have forced them from their country, and left
them to go wherever they pleafed ; but from
the fituation of the Province of Canada, it was
obvious to fee that this would have been to
recruit it with foldiers, who would immedi-
ately have returned in arms upon the Britilh
frontiers. It was therefore determined to
remove and difperfe this whole people among
the Britifh Colonies, where they could not
unite in any ofFenfive meafures, and where
they might be naturalized to the government
and country.

The execution of this unufual and general
fentence was allotted chiefly to the New-
England forces, the commander of which,
from the humanity and firmnefs of his charac-
ter,

SHIRLEY. 223

ter, was the beft qualified to carry it into
effect. It was without doubt, as he himfelf
declared, difagreeable to his natural make and
temper ; and his principles of implicit obedi-
ence as a foldier was put to a fevere tefl by
this ungrateful kind of duty, which required
an ungenerous cunning, and fubtle kind of
feverity, calculated to render the Acadians
fubfervient to the Englifh interefts to the lateft
hour. They were kept entirely ignorant of
their deftiny until the moment of their cap-
tivity, and were overawed or allured to labour
at the gathering in of their harveft, which
was fecretly allotted to the ufe of their con-
querors. The orders from Lieutenant-Gov-
ernor Lawrence to Capt. Murray, who was
firfl on the ftation, with a plagiarifm of the
language, without the fpirit of fcripture, di-
rected that if thefe people behaved amifs, they
fhould be punifhed at his difcretion ; and if
any attempts were made to deftroy or moleft
the troops, he fhould take an eye for an eye,
and a tooth for a tooth, and in fhort, life for
life, from the neareft neighbour where the
mifchief fhould be performed.

The convenient moment having arrived,
the inhabitants were called into the different
ports to hear the King's orders, as they were

termed.

224 SHIRLEY.

termed. At Grand Pre, where Col. Window
had the immediate command, four hundred
and eighteen of their beft men aflembled.
Thefe being fhut into the church, (for that
too had become an arfenal) he placed himfelf
with his ofScers in the centre, and addreffed
them thus :

GENTLEMEN,

I HAVE received from his Excellency Gover-
nor Lawrence, the King's commiffion, which
I have in my hand ; and by his orders you
are convened together, to manifefl to you his
Majefty's final refolution to the French inhab-
itants of this his Province of Nova-Scotia ;
who for almoft half a century have had more
indulgence granted them, than any of his
fubje&s in any part of his dominions. What
ufe you have made of it, you yourfelves beft
know.

The part of duty I am now upon, though
neceflary, is very difagreeable to my natural
make and temper, as I know it muft be griev-
ous to you who are of the fame fpecies.

But it is not my bufmefs to animadvert,
but to obey fuch orders as I receive, and there-
fore, without hefitation, fhall deliver you his
Majefty's orders and inftrudions, namely,

"That

SHIRLEY. 225

" That your lands and tenements, cattle
of all kinds, and live ftock of all forts, are for-
feited to the crown,with all other your effeds,
faving your money and houfehold goods, and
you yourfelves to be removed from this his
Province.'3

«

Thus it is peremptorily his Majefty's or-
ders, that the whole French inhabitants of
thefe diftri&s be removed, and I am, through
his Majefty's goodnefs, directed to allow you
liberty to carry off your money and houfe-
hold goods, as many as you can without dif-
commoding the veffels you go in. I fhall do
every thing in my power, that all thofe goods
be fecured to you, and that you are not mo-
lefted in carrying them off: alfo that whole
families fhall go in the fame veffel ; and
make this remove, which I am fenfible muft
give you a great deal of trouble, as eafy as his
Majefty's fervice will admit, and hope, that
in whatever part of the world you may fall,
you may be faithful fubje<3:s, a peaceable and
happy people.

I muft alfo inform you, that it is hia Maj-
efty's pleafure that you remain in fecurity,

E e under

S H I R L E Y.

under the infpecYion. and direction of the
troops that I have the honour to command.

And he then declared them the King's
prifoners.

The whole number of perfons collected at
Grand Pre, finally amounted to 483 men and
337 women, heads of families, and their fons
and daughters to 527 of the former, and 576
of the latter, making in the whole 1923 fouls,
Their ftock was upwards of 5,000 horned
cattle, 493 horfes, and 12,887 fheep and
fwine.

As fome of thefe wretched inhabitants ef-
caped to the woods, all pofiible meafurcs were
adopted to force them back to captivity. The
country was laid wafte to prevent their fub-
fiftence. In the diftrift of Minas alone,
there were deftroyed 255 houfes, 276 barns,
155 out-houfes, ii mills and I church ; and
the friends of thofe who refufed to come in,
were threatened as the vidims of their obfti-
nacy. In fhort, fo operative were the terrors
that furrounded them, that of twenty-four
young men who deferted from a tranfport,
twenty-two were glad to return of themfelves,

the

SHIRLEY. 227

the others being fhot by fentinels, and one
of their friends who was fuppofed to have
been acceflary to their efcape, having been
carried on fhore, to behold the deftru&ion of
his houfe and effects, which were burned in
his prefence, as a punifhment for his temerity,
and perfidious aid to his comrades. Being
embarked by force of the mufquetry, they
were difperfed, according to the original plan,
among the feveral Britifh Colonies. One
thoufand arrived in MafTachufetts Bay and
became a public expenfe, owing in a great
degree to an unchangeable antipathy to their
fituation, which prompted them to reject the
ufual beneficiary but humiliating eftablifh-
ment of paupers for their children.

The campaign ended with no fmall difguil
on the part of the New-England commander
and his troops, on account of diftin&ions in
fervice made between the regulars and them,
to their prejudice ; and enlifhnents being
made out of his corps to fill up the {landing
regiments, which prevented his fulfilling his
promife to bring his men back to their towns
at the expiration of a year, a prcmife much
relied upon, and neceflary to be performed
for future exertions.

CHAP.

228 SHIRLEY.

' CHAP. XL

flan of military operations for the year 1755 — -
Supply of the treafitry — Law prohibiting
correfpondence with the French fettlements-~~
Anfwer to the Governor s mejfcige upon the
fubjecJ offurnijhing the regular troops with
pmvifwns- — Caufes operating to 'weaken the
force of the Eritijh Colonies — Shirley departs
for Ofwego — War declared againjl the Eajl~
ern Indians — The Penobfcots attacked.

r| ^HE war in America being now no longer
left to colonial efforts alone, the plan of
operations confifted of three parts. The firft
was an attack upon FortDu Quefne, condud-
ed by troops from England under Gen. Brad-
dock ; the fecond was an attempt upon the
fort at Niagara, which was carried on by
American regulars and Indians ; and the
third was an expedition againft Crown-Point,
which was fupported by militia from the nor-
thern Colonies, enlifted merely for that fer-
vice. The kft of thefe cnterprizes was pro-
pofed to the Aflembly of Maflachufetts Bay
by the Governor, who thought this a favour-
able opportunity to eftablifli a poft opening

to

-S H I R L E Y, 229

to the Britifh Colonies a channel through
which they might pour their force into the
heart of Canada. He therefore recommend-
ed to the General Court to erect a fort on a
rocky eminence on the lake, not far from the
French fort Frederick, at Crown-Point ; and
the better to divide the attention of the ene-
my, he projected a fcheme for advancing a
force up the river Chaudiere. The General
Court received this propofal from the Cover*
nor with readinefs, and fent meffengers to the
other Colonies, to induce them to aid in the
execution of it.

The whole number of men affigned for the
expedition againft Crown-Point was 3,700,
of which Maflachufetts voted to raife 1,500 ;
befides 500 by way of reinforcement, if judged
neceflary by the commander in chief, with
advice of Council ; and to thefe, 300 more
were added after the difafter of Gen. Brad-
dock. The General Court alfo voted £.600
to be applied towards engaging the Indians
of the Six Nations in the enterprize, and fup-
porting their families. In fhort, this became
a favourite enterprize, both with the General
Court and the people of Maflachufetts Bay,
not only btcaufe it originated with them, but

becaufe

230 SHIRLEY,

becaufe it was direded againft a quarter
whence (confidering the French in Nova-Sco-
tia were fubdued and difperfed) they had the
moft to fear. JJB& v>.

To prepare for fupporting thefe military
operations, a loan was granted to fupply the
treafury with £.50,000 ; of which £-17,350
were appropriated for the Crown-Point ex-
pedition, £.12,500 for forts and garrifons,
£9,500 for the Commiflary's department,
£. 7,000 for premiums, £.1,500 for fervices
unprovided for by any eftablifhment,£. 2,000
for the pay of Counfellors and Reprefenta-
tives, and £.150 for contingencies. £. i ,300
were alfo granted to the Governor.

The fecurity for the re-payment of the loan
was a tax of £.36,000, to be afleffed in the
year 1756, and £.14,000 in the year follow-
ing : and, as an additional fund, the impoft
duty for the firft mentioned year, and the
unappropriated excife duties on fpirits, &c.
for the current year, together with the fecond
year's proceeds of the acT: for granting to his
Majefty feveral duties upon vellum, &c. were
pledged to the creditors of the government,

who might loan the monies,

Louifbourg,

SHIRLEY. 231

>•»

Louifoourg, the military enemy, but the
commercial friend of New-England, receiving
its fupplies from the northern Colonies, a law
was made, forbidding, under fevere penalties,
all correfpondence with any inhabitant of
that or any other French fettlement in North-
America for the fpace of four months : and
a further aft pafled prohibiting the exporta-
tion of provifions, until bonds fhould be given
for re- landing them in the Province, or in
fome other of the Britifh Colonies, to con-
tinue from the fourteenth day of June to the
twelfth of September. But thefe laws prov-
ing ineffectual, another was foon after made,
abfolutely prohibiting the exportation of mil-
itary ftores and provifions, excepting for {hips'
iife and the purpofes of the government, until
the 24th. day of July, and fuch further time
as the Governor and Council might think
proper, not exceeding the 24th. day of Sep-
tember following. Notwithftanding all thefe
laws, a conftant attention was necefiarily kept
up by the Legiflature, by interfering directly
in many fufpected cafes, and enforcing the
execution of their own ads. Such was the
rivalfhip among many traders, between the
love of commerce and the love of their
country.

The

232 S H I R L E Y.

The mmifterial plan of the war in America,
required that the Colonies fhould contribute
towards the charge of fubfifting the Britifh
forces, as well as towards raifmg and fubfift-
ing the American regular troops. The cir-
cular letter upon this fubject was laid before
the Affembly of Maffachufetts Bay, and a
compliance with it ftrongly urged upon them
by the Governor. Their anfwer to his mef-
fage, gives a particular and ftriking view of
the exertion under which the Province was
at this time ftruggling. They ftate that the
Kennebeck expedition was fcarcely over when
they undertook that to Crown-Point, whilft
the enemy was making inroads upon the fron-
tiers : that fmce the peace of Aix-la-Chap-
pelle, the Province had been at more expenfe
for preventing and removing the French en-
croachments, than all his Majefty's Colonies
beildes : that it was under engagements for
paying and fubfifting 2,400 men, occafioned
by the fituation, and defigns of the French ;
and about 3,000 more were employed in
the expedition to Nova-Scotia, and in Shir-
ley's and Pepperell's regiments : that the
Province did not amount to one eighth part
of his Majefty's intere'ft upon the continent,
either in numbers of people or property ;

and

SHIRLEY. 233

and that if all the other Colonies had railed a
force in proportion to this, their troops would
have greatly exceeded the whole force at this
time employed, his Majefty's troops and the
American regular troops included, which
torould have been fufficient to check the ad-
vances of theCanadians,whilft unfupported by
troops tranfported from France ; but whilft
fhe advanced her ftrength and treafure to
gain the dominion of this continent, they
hoped too great dependence would not be
placed on his Majefty's fubje&s in America
for their own defence ; and impelling them
into additional enterprizes, might difable
them in executing what they had actually
undertaken.

To the men on military duty as above
dated, might be added 800, afterwards voted
as a reinforcement to the Crown-Point expe-
dition, and various volunteer companies, who
marched on fcalping parties in purfuit of the
Indians, whofe fervices were occafional, ajad
their numbers not eafy to be computed.

The whole of Britifh America aflbciated
with the mother country, was now engaged
in a war againft the French, under the name

Ff of

SHIRLEY.

of removing their encroachments. As the
events of the campaign did not equal the
hopes of the Englifh, nor indeed correfpond
with the apparent ability of the armies in
motion, it may not be amifs to obferve here
ibme of the caufes which exifted to retard,
derange and enfeeble the force which had
been entrufted to the military commanders.
In doing this, we mall felecl; inftances to elu-
cidate the mode of carrying on war by a con-
federacy united on general principles, but
checked and embarrafled by a variety of in-
ternal difcordancieSa

The articles of union not having been
adopted, there was no compulfory nor effec-
tual power to act as a fupreme or common
head of the Colonies, nor to draw forth their
refources. The requifidons upon them could
therefore be made only as propofals or rec-
ommendations, the compliance with which
was optional, and if determined upon at all,
flow and unequal. Thus we have juft feen
the Colony of MafTachufetts Bay, for good
reafons, perhaps, refufe to furnifh fubfiftence
for the foreign troops 5 and a fmgular in-
ftance occurred of an expedient to fupply the
want of money in forwarding the operations

of

SHIRLEY. 235

of the army. Pennfylvania, too much inter*
cfted to ftand neuter in the war, and of too
pacific principles to furnilh troops, voted to
raife ^.10,000, to be expended in provifions
for the life of fuch forces as miirht be raifed

t — *

by the other Colonies. Thefe were appor-
tioned accordingly. There being no com-
mon treafury to furniih money for the train,
nor to pay for the tranfportation of the artil-
lery, Gen. Shirley and Lieutenant-Go vernor
Delancey undertook to borrow the neceflary
fums for that purpofe, on the credit of Mat-
fachufetts and New- York ; and in order to
fecure the reimburfem.ent of this money, the
former was reduced to the neceffity of direct-
ing theCommifiary to retain in his hands a fuf-
ficient quantity of thofe provifions, until the
deficient Colonies fhould redeem them : thus
making a loan without authority from the
borrowers, pledging the property of the debt-
ors for the re-payment without their confent,
and (if the meafure were not ratified, and the
public faith otherwife maintained than by
felling the provifions) ftarving the army to
get it in motion. The expedient no doubt wa*
necefiary, in fuch an immature confederacy,
and its operation on New-Ham pfhire ferves
to fhow ftill further, the conrufion and un~

certainty

236 SHIRLEY.

certainty of the fyftem on which the war was
conducted. That Province objected to this

i

meafure, as unjuft on general principles,
pleading the excefs of its fervices in raifing
and fupplying men beyond the eftablifhed
rule, which was founded on the proportions
of rateable polls in the feveral Colonies. Thefe
at this time feem not to have been accurately
numbered in New-Hampfhire, as Shirley, who
became himfelf an advocate for the Province
in this inftance, fays they did not then exceed
five thoufand, perhaps not more than four ;
fo that thqfe important objeds feem to have
been left to the confcience of parties inter-
efted, and to the operation of indefinite prin-
ciples,

Although the inhabitants were the beft
adapted to the irregular mode of fighting in
this country, yet when converted into foldiers,
great inconveniencies grew out of their fitua-
tion and character. Their rights precluded
all compulfion by the crown to aft beyond
certain diftances of place, the periods of their
fervice could be but fhort, and they were fub-
ject to the interference of their refpeftive gov-
ernments as to the time of marching, the ob-
jects of their deftination, and their fupplies,

Thefe

SHIRLEY. 237

Thefe obfervations, however, apply to them
only as militia ; and in this fervice an Amer-
ican General, with his army, feemed to feel
the checks of feudal reftridlions, not indeed
grounded on the vaffalage, but the freedom of
individuals. The control of the particular
governments over their refpe£tive troops had
an injurious effect, and was the caufe of feri-
ous altercation between the Colonies of Maf-
fachufetts and New-Hampfhire, in the Crown-
Point expedition. The forces of the latter,
confifting of a regiment of five hundred men
under the command of Col. Jofeph Blanch-
ard, inftead of immediately joining the army,
\vere employed, by order of their Governor,
in building a fort at Cohos, and other futile
projects, foreign to the general fervice for
which they were raifed. A rumour foon
arofe, that they had returned, upon which
a fevere letter was written by the Council of
Maflachufetts Bay, who availed themfelves of
an occafional abfence of the Lieutenant-Gov-
ernor from Bofton, to come forward as the
Executive, in which they remonftrated with
vehemence, and in very plain terms, againft
the fcheme of New-Hampfhire government
in preventing their forces, which constituted
about one eighth of the army deftined againft

Crown-Point,

*,g SHIRLEY.

«-?

Crown-Point, from joining the reft, until bat-
teries and intrenchments fhould be raifed, and
£b the greateft danger be over ; that her fepa-
rate fchemes and meafures from all the other
governments which had been acting in con-
cert, had always been matter of uneafmefs to
them ; and that had New-Hampfhire refufed
to join, they would either have raifed a greater
force, or laid afide the defign as too heavy
for them, &c. Although this letter might
have been dictated fuddenly (and under the
apprehenfions of a difaftrous event, and the
future conduct of the New-Hampfhire troops
fhewed that the danger of raifmg intrench-
ments and batteries could not be a motive of
delay with them) yet there were grounds for
ferious remonftrance, Governor Wentworth
himfelf acknowledging, in a letter to Lieuten-
ant-Governor Phips, that the troops ought to
have marched fooner, and that the prefent
time would not admit of an inquiry why
they did not, and the whole bufmefs fhows
the want of a general fuperintending power
over the Colonies.

The diftinclion among the troops, fo de-
grading to the provincial militia, obvioufly
Defeat. tended to check that combination which is

the

SHIRLEY. 239

the firft caufe of ftrength among bodies of
men. By an act of Parliament, the general
or field officers of thofe troops had no rank
with the general and field officers who ferved
by commlffion from the King ; and a captain
or other inferior officer of the Britim forces,
in all duties took poft of the provincial officers
of the like rank, though their commifiions
were of elder date : and what mud have op-
erated moft unfavourably in this refpeel: was,
that the appointments to offices among the
regular troops were extended to Americans
ib grudgingly, as to make it evident that they
were no further rewarded by commimons
than the enlifting of men made it abfolutely
neceflary. This impolicy muft have alienated
the feelings of many deferving characters,
and loft their influence to the crown. The
proceedings at the paffing of the mutiny ad
the laft year, are explanatory of this fubjecl, I75J*
as well as the general views of the miniitry.
This law contained a claufe, that all officers
and foldiers of any troops, being muftered
and in pay, raifed in any of the Britim Prov-
inces in America by authority of the refpe£tive
governments thereof, fhould at all times and
in all places, when they fhould happen to

join

SHIRLEY.

join his Majeily's Britifh forces, be liable to
martial law and difcipline as thefe forces were,
and be fubjecl: to the fame trial, penalties
and punifhrnents. Mr. Bollan, by a petition
to Parliament, ftated that his Majefty's Ameri-
can fubjecls were generally freeholders, and
perfons of fome property or bufmefs, and en-
lifted not for a livelihood, but with intent to
return to their farms or trades, as foon as the
particular fervices for which they might enlift
fhould terminate ; that the officers were per-
fons in fimilar though better circumftances,
and that all of them being chiefly influenced
to take up arms by a regard to the honour of
the King, the defence of their country, and
the prefervation of their religion and liberties,
had but little preparatory exercife for war,
and were therefore unfuitable fubjedts for the
operation of a numerous body of ftricT; rules,
adapted to the government of his Majefty's
{landing forces ; that by the charter the Gov-
ernor could not oblige them to march out of
the limits of the Province without their own
confent, or that of their General Aflembly,
nor grant commiflions to exercife the law
martial upon any of them, without the con-
fent of the Council ; and laftly, that the

claufe

SHIRLEY. 241

claufe objected to would render their time of
fervice indefinite, notwithftanding their en-
liftment fhouid be for a limited term.

However, the claufe pafled, and the moft
material confequence of the oppofition was a
difcovery of the general intention of the men
in power as to the meafures propofed for the
government of the country. The agent was
informed that the memorial, when received,
would not be entered at large on the minutes
of the Houfe, as this would be fpeaking out
to the people of America, and he had good
evidence to believe that the plan was to govern
this country like Ireland, by keeping up a
body of (landing forces with a military cheft,
and abridging the legiflative po\yers, by fome
meafure fimilar to the famous Poyning's law.
So odious did the mutiny a£l become to the
people of Maflachufetts, that the Governor,
in the year 1757, found it expedient to give
public aflurances, that the militia then called
to march to the weftern frontiers fhouid not
be confidered as fubjedt to its operation, but
as a diftincT: body acting in aid of the regular
troops.

Without particularizing further caufes of
cmbarraffment and counteraction, we may

G g obferve

SHIRLEY.

obferve in general, that they muft naturally
and infenfibly have refulted frbm a combina-
tion of interfering interefts and diflimilar
organizations of government, in which con-
tention had the chance of eleven feparate
forms of kgiflatures to excite the branches of
adminiftration againft each other ; from a
divided executive, under which exertion was
too feldom called out with alacrity, except in
the point at which danger was actually pret
cnt, and miftaken economy too often delayed
oppofing at a diftance what doubled the ex-
penfe of contending againft it at home ; from
the temptations of felfifh motives arifmg out
of the lands and trade of the Indians ; from
local confiderations of being more or lefs fhel-
tered againft the enemy by neighbouring Col-
onies ; from fingularities in religion, and
from differences growing out of the mixture
of more numerous and variant habits, than
concentered in any other people of the fame
age and increafe : To all which unpropitious
caufes, arifmg from the diftinft nature of the
feveral governments and the relative inde-
pendence of the parties allied in the war, we
may add a baneful one refulting from the
jealoufy and interefted views of individual
leaders. They formed a party under the pat-
ronage.

SHIRLEY.

rpnage or influence of the Lieutenant-Gover-
nor of New-York, which frowned upon Shir-
ley's efforts. They, fraternized his fecond
in command. Gen. Johnfon, who ftudioufly
preferred his own expedition to that againft
Niagara, from which he drew off the Indians ;
they retarded his projects by their manage-
ment, and at length he found his government
wjrefted from his hands for one of their, fa-
vourites,

One of the firft meafures which Gen,
Braddock directed upon his arrival in the
country, was a convention of the feveral Gov-
ernors to fettle the plan of military operations.
This was held at Virginia, on the I4th. of
April Gen, Shirley attended, and returned
on the 1 3th. of May, to take command of
the forces deftined for Ofwego, thence to pro-^
ceed againfl Niagara. His own regiment and
Sir William Pepperell's were to conftitute
this diviiion. He nominated to the command
of the troops marching againft Crown-Point
Major-General William Johnfon, then one
of the Council of New-York, who received
his commiffion from the Governors of the
Provinces, that fupplied the men for this fer-
rice. At his departure, Governor Shirley

received

244 SHIRLEY.

received an honourable addrefs from the
Council and Houfe of Reprefentatives, ex-
preffing their concern at his leaving the Prov-
ince at fo critical a conjuncture, when there
was news of a French fleet in this part of
America ; and frequent advices arrived of the
invafion of the frontiers by the favages : ac-
knowledging the experience they had had of
his prudent conduct in the laft war ; and re-
gretting the fuppofed neceffity of his appear-
ance at the head of the army.

Having been retarded from various caufes
exifting in fo complicated a bufmefs, he left
the Province on the 28th. of June, and after
being detained at New-York and Albany in
forwarding his men and their fupplies, arrived
at Ofwego on the 21 ft. of Auguft following.

Whilft the great expeditions were advanc-
ing, many perfons were captured, and fome
murdered by the Indians on the frontiers.
This, together with a conviction that a rup-
ture with moft of their tribes was an unavoid-
able confequence of hoftilities with France,
induced the General Court to requeft the
Governor to declare war againft the Arrafa-
guntacook Indians, and all the other tribes

eaft

SHIRLEY. 245

•

caft of Pifcataqua River, excepting the Pe-
nobfcots ; which was accordingly done, and
the ufual premiums for conducting this pecu-
liarly diftrefling kind of warfare were prom-
ifed to the people. Companies of volun-
teers, confiding of not lefs than thirty men,
who were out thirty days or more, unlefs
compelled to return by fome fpecial caufe,
were entitled to receive jC-ioo for every In-
dian fcalp, and ^.250 for a captive. To in-
dividuals who performed the fame fervice,
£. i oo were promifed for a fcalp, and £'ll°
for a captive. The Penobfcots were invited
to join in arms againft the others, in which
cafe fupport was offered to their invalids,
their women and children. Nine of their

c
leaders being called into the fort at St. buir's Let-

ter,Junea;.

George's to hear the Governor's letter upon
this fubjecl:, the inhabitants and garrifon rofe
in arms, and would not confent to their
going out until they had given fatisfaftion Letter rf
with refpecl to it. On this, they appeared
to comply with the propofal, and wrote to
know when they muft go againft the Indians
of Canada, who, they faid, had ftruck them
as well as the Englifh ; and fent three of
their brethren to Bofton, in order to evidence

their

246 SHIRLEY.

their fincerity. But whilft they rnanifefted
fuch a fpirit of obedience, a very melancholy
accident befel this unfortunate little tribe. A
party under Capt. James Cargiil fell in with
a number of their people as he was fcouting j
and, without taking much trouble to afcertain
whether they were friends or enemies, or
more probably, according to trie opinion of
Lieutenant-Go vernor Phips, knowing them
to be Penobfcots, attacked their company,
killed twelve, and obliged the remainder to
fave themfelves by flight. This fhameful
Invafion of a folitary Indian ally, when their

* » ' * '

aid was demanded againft their neighbours,
greatly embarrafled the government. Cargiil
was apprehended for trial ; a letter of condo-
lence was fent to the fuffering party ; their^
friends were reftored to them from Bofton ;

and the tribe was invited to come under a

/•

fafe conduct, and profecute the offenders,
againft whom the unreftrained operation of
juftice was faithfully promifed. Still, how-
ever, thefe Indians were conjured to join
their young men in the war, and advifed, for
preventing miftakes, to keep themfelves eaft
of St. George's. Nor did their misfortune
operate much in the courfe of the year to
gain the pity or affedions of the Englifli,

whilft

SHIRLEY; 347

whilft other tribes were attacking the inhab-
itants under circumftances which rendered it
impoilible to exculpate them from a fhare in
the guilt, and very difficult to difcriminate
them in the operation of inflicting the pun-
ifhment for it. A committee of both Houfes
on their letter reported, that the commander Sept.
in chief fhould be defired to proclaim war
againft them. The Council rejected the re-
port, and the Houfe unanimoufly accepted it,
and foon afterwards fent a meflage to him, that
having taken into their ferious confideration
the danger and mifchief which the people in
the Province, efpecially in the eaftern parts>
were continually expofed to from the fitua-
tion of that tribe of Indians, who had appear-
ed in open hoftility againft them, or encour-
aged and abetted their other enemies in an-
noying them ; they earneftly requefted him
immediately to iffue a proclamation to declare
war againft the tribe. The Lieutenant-Gov-
ernor, however, replied, that it being one of
his Majefty's inftructions to him, not to de-
clare war againft the Indians, without the ad-
vice of the Council, he immediately laid be-
fore them the meflage of the Houfe upon that
fubject ; and their judgment not being in fa-
your of the motion made to him. It was not

in

248 SHIRLEY.

in his power to comply with it : Notwith-
ftanding which, a few days afterwards the
Houfe repeated their requeft ; and even voted
the ufual premiums for fcalps and prifoners,
if war fhould be declared.

CHAP. XII.

BraddocJis defeat — Die/kaus unfuccefsful at-
tack upon the Provincials under General
Johnfon — General Court addrefs the King
and fend CommiJJioners to Albany — The ar-
my fent again/I Crown-Point discharged —
The attack upon Niagara frujlrated — Ob-
fervation on the military operations of the
year — Earthquake*

HPHE refult of the great military attempt
under Gen. Braddock, with upwards of
two thoufand men, againft Fort Du Quefne,
which was garrifoned with only two hundred,
is ftill generally and deeply imprefled upon
the public memory. He marched from Vir-
ginia acrofs the Alleghany Mountains, and
after eroding the Monongahela River, and
advancing to within about feven miles of his

SHIRLEY.* 249

object, he \vas ambufhed on the gth. of July
by about four hundred French and favages,
owing to his not having fufficiently attended
to the ufe of his own rangers and Indians.
About fix hundred of his officers and men
were either killed or difabled, and he himfelf
was mortally wounded. The remains of his
army retreated back to Fort Cumberland un-
der the command of Col. Dunbar, leaving a
dreadful fpe£tacle of carnage on the field,
which is ftill known by the name of their de-
voted leader. This defeat ftruck a panic
throughout the Britifh Colonies ; the effect
wrought by the fuccefs in Nova-Scotia was
wholly effaced ; and although the difgrace
fell upon Britifh troops, yet this leffened not
the difafter in the minds of a candid and fuf-
fering people. Some hopes indeed were
drawn from it, that the unrefifting inhabitants
of Pennfylvania, whom no confiderations
could as yet bring into an active part in the
war, would, when expofed by the deftru&ion
of the force which protected them from the
maffacres of the Indians, be roufed into a ftate
of defence : and experience, it was foretold,
would caufe the irregular mode of fighting to
be duly refpe&ed, fmce it appeared that the
methodical fcience of the conquered General,

H h was

SHIRLEY. /

was of no more ufe to him in fuch a fituatiori,
than the knowledge of a game of chefs ; and
the kind of difcipline praGifed in his army
rendered it formidable only to itfelf ; his
men killing one another in a crowd, and, un-
nerved by the yells of the favages, deftroying
their provifions and ftores to expedite their
flight from an unpurfuing enemy.

This defeat, among other things, had its
unpropitious effects upon the expedition
againft Niagara, under Gen. Shirley, who
was at this time at Schene&ady, forwarding
his forces to Ofwego. Many of his foldiers
and batteau-men deferted him, and the Indian
intereft declined of courfe ; notwithftanding
which, he purfued his object fteadily, endeav-
ouring, as he marched, to recover the confi-
dence and fuccour of the Six Nations.

-

The expedition againft Crown-Point was
the next, and indeed the moft interefting mil-
itary fubject which engrofled the attention
and feelings of the people. Baron Diefkau
having arrived in Canada with about 1,200
foldiers, after fuffering a lofs of feveral com-
panies of men by the capture of the Alcyde

and Lys men of war, directed his arms againft

the

SHIRLEY.

the Britiih Americans in this quarter. Ma-
jor-General Lyman having marched forward
to the carrying-place about fixty miles from
Albany, began to build Fort Edward on the
eaft fide of Hudfon's River. Gen. Jofri>
fon advanced about fourteen miles further to
the northward, at the fouth end of Lake Sa-
crament or Lake George. Tkonderoga,
which was fituated on the ifthmus between
the north end of Lake George and the fouth-
ern part of Lake Cha,mplain, fifteen miles
fhort of Crown-Point, was at this time unfor-
tified : and it was in contemplation of the
Englifh to take and keep poflfeffion of it, as
the key to their principal objeft, when Diet.
kau put them on their defence.

Upon Gen. Johnfon's informing the Col-
onies that were concerned in carrying on
his expedition, of the deficiency in the num-
bers of his own men, and the unexpe&ed
increafe of thofe advancing againft him, ths
Lieutenant-Go vernor of Maflachufetts Bay
immediately called an extraordinary conven-
tion of the General Affembly, to confider of
the neceflary meafures to be adopted in fur-
ther aid of this important and favourite enter-
prize. Upon examination it was found, that

of

252 S H I R L t Y.

of the eight hundred men voted in addition
to the original fifteen hundred, ten companies
were filled, one half of which were on their
march, and the remainder in a fituation to
proceed in a few days. The General Court
then voted to raife two thoufand more, by
enliftment, if practicable, otherwife by an im-
prefs ; and offered the requifite encourage-
ment of pay and bounty ; at the fame time
fending information of this meafure to the
other Colonies, with a requeft that they would
make proportionable exertions. They alfo
paffed a law to raife a tax of jT. 1 8,000. How-
ever, fo exhaufted were their refources, that
a committee appointed at the next feffion to
inquire what monies could be borrowed for
the ufe of the Province, reported that it was
with difficulty they could obtain ^.1,450
fterling.

Before the exertions of the Colonies could
operate to enable Gen. Johnfon to attack
Crown-Point, he was himfelf attacked in his
own quarters. Diefkau's plan was at firft
againft Ofwego, but the advance of Johnfon's
army againft Fort Frederick induced him to
alter his operations, in which, doubtlefs, he
promifed himfelf more certainty of fuccefe

from

SHIRLEY. 253

from the circumftance of the camp being def-
titute of cannon, according to his information ;
but the artillery arrived from Fort Edward
two days before his attack, of which he was
ignorant. Had not this happened, he might
have been juftified by the event, as the only
defence of the Englifh was a breaft-work of
trees, formed at the moment, without any en-
trenchment. Upon receiving information of

JL O

the enemy's approach, Gen. Johnfon had de-
tached Col. Williams with 1,000 men, who
met the French about four miles diftant ; but
being inferior in number by about Sco, they
were forced to retreat with the lofs of their
commander, who was killed. Another de-
tachment was fent out to their aid, and both
were enabled to return into camp, under a
clofe purfuit by the French. At this moment,
fo critical in the conteft, the Baron halted a
little at the diftance of 150 yards. The Pro-
vincials recovered their fpirits, and received
him with firmnefs and effect. His militia
and favages fhrunk away, and he was neceffi-
tated to order his regulars to retreat. An im~
pulfive purfuit took place. Diefkau,wounded
and alone, was made a prifoner, and his men
were difperfed. Having reached the place
where their baggage was depofited, they en-
tered

SHIRLEY.

tered into confultation about another attack.
Unfortunately for them, Capt. McGinnes,
of the New-Hampfhire forces, having been
difpatched from Fort Edward with about 200
men, bravely fell upon them in the evening,
and finifhed their overthrow. This honour,
however, he purchafed with his life.

Such a fuccefsful defence made by the
forces of the Britifh Colonifts againft a re-
fpe&able army, with which the regular troops
of France were incorporated, was an honour-
able inftance of finnnefs, deliberation and fpirit.
The policy of the times, impatience for fuc-
cefs after Braddock's difafler, and a fudden
elevation of feelings upon receiving it, mag-
nified this achievement into a fplendid vidto-
ry ; and Gen. Johnfon, who was wounded
In the engagement, received .£.5,000 fterling
from the Houfe of Commons, the title of
Baronet from the King, and a very ample
{hare of glory from the public. However, his
luccefs did not enable him to gain or even
attempt Crown-Point, nor indeed to make
any improvement of his victory, except
ftrengthening his poft by a ftockaded fort.
Much altercation took place upon this fubjecl:,
and there were not wanting thofe who charg-
ed

SHIRLEY. 255

him with fupinenefs, arifmg from a felfiih
determination not to hazard the laurels he had
won. By his letter to the General Court, it
Appears that he confidered the attack of the
enemy to have implanted a dread in his troops,
who from bad clothing, and many other
caufes, were by no means inclined to proceed
further. He was urged by the commander
m chief to prefs forward at leaft to Ticon-
deroga, and fome of his officers were for ad-
vancing. Of this he complains, attributing
it to their having unadvifedly prefled for nu-
merous reinforcements, unknown to him ;
and when they had promifed too much, were
unwilling to own in council what they knew,
and even fpoke of in private converfation.
On the gth. of Oftober, a council of war ex-
prefled a unanimous opinion, that under the
circumftances which the army was then in,
an attempt upon Ticonderoga, or any inter-
mediate paffes or pofts, was not advifeable, on
account of the want of a fufficient number of
men, and a requifite quantity of provifions.
On the i gth. notwithftanding the Maffachu-
fetts reinforcements had arrived, the council
poftponed the confideration of the fame fub-
jed, until further information could be ob-
tained.

As

Oft. I.

256 SHIRLEY.

As the General Court of MaiTachufetts' Bay-
had been foremoft in promoting the Crown-
Point expedition, and become proportionably
exhaufted of money, fo they loft no time in
making fuch ufe of the fuccefs of the troops
In beating off the French, as their neceffities
dictated. After expreffing their fatisfadtion
at the conduct of the army through the com-
mander, they drew up an addrefs to his Maj-
efty, in which they ftated their fer vices, and
prayed to be relieved under the burthen in-
curred by means of them. They pleaded
the precedent of the Cape Breton expedition ;
and prayed that his Majefty would give or-
ders for the fupport of fuch forts and garrifons
as they hoped to eftablifh, and aid them in
the further execution of their defigns. Their
agent, in his petition to the throne upon this
fubjecl:, ftated that it was owing to their great
exertions, that the Province did not contain
fo many inhabitants now as it did in the com-
mencement of the late war with France ; the
town of Bofton in particular, not having fo
large a number by a fourth part, whilft every
other Colony on the continent had greatly
increafed within the fame time.

When the commander in chief urged upon
them to join in the plan of the Affembly of

New-Jerfey,

SHIRLEY. 257

New-Jerfey, who propofed a meeting of com-
rniffioners from all his Majefty's Colonies at
New- York, to confult what might further be
done for the fecurity of his Majefty's territo-
ries againft the invafion of the French, the
fame impoverishment conftrained the General
Court to reply, that the defign of fecuring
thole territories was what his Majefty alone
was equal to project and execute, and the na-
tion to fupport } and that unlefs they could
obtain the relief which they were foliciting of
the royal bounty, they fhould be fo far from
being able to aid in removing encroachments,
as to be unable to defend themfelves. How-
ever, in their anxiety to execute what they
had begun, they voted a few weeks after- cd* *8'
wards, upon receiving letters from the com-
mander in chief and Gen. Johnfon, that it
was expedient that the army fhould proceed
immediately upon the Crown-Point expedi-
tion ; they alfo appointed commiffioners to re-
pair to Albany to correfpond with the com-
mittee of war at Bofton, the better to for-
ward fupplies to the army $ and appeared
zealoufly engaged to fupport a winter's cam-
paign. But when thefe commifli oners met
the Lieutenant-Governor and Council of
New- York with the commiflioners from

I i Connecticut,

25S SHIRLEY.

Conne&icut, it was unanimoufly agreed at
their meeting, that the army under Gen.
Johnfon fhould be difcharged, excepting fix
hundred men, who fhould be previoufly en-
gaged to garrifon Fort Edward on the great
carrying-place, and Fort William -Henry at
Lake George. Thefe garrifons were to be
paid and fubfifted in the following propor-
tions : Maffachufetts Bay 185, Connecticut
154, New-York 123, New-Hampfhire 77,
and Rhode-Ifland 61.

In this manner ended the firft Crown-Point
expedition in the prefent war, the Englifh
building two forts, and the French, notwith-
ftanding their defeat, fortifying the difputed
poft of Ticonderoga, deftined to be fo remark-
able in future years for the flaughter of the
human fpecies.

The remaining fubjecl; of general expe&a-
tion was the military operations for attacking
the French at Niagara and Frontenac, by the
forces under Gen. Shirley, the commander
in chief. After afcertaining the ftrength of
the enemy at both thefe places, he determin-
ed, out of 1,376 regulars and 120 irregulars
xvhich were with him, to fele£t 600 of the

former

SHIRLEY. 259

former and a proportion of the latter, with
the neceffary artillery, and to embark upon
his original plan, judging it advifeable to leave
all the remainder of his force at Ofwego to
ftrengthen and defend it, inftead of making a
feint againft Frontehac, as he had good rea-
fon to think that the enemy, from their num-
bers, were able, whilft he marched againft Ni-

77 O

agara, to make a defcent upon the poft which
he Ihould leave. During this embarkation,
the rains fet in with fuch fury as to diftrefs

J

his camp, diihearten and difperfe the few
Indians whom he retained, and demonftrated
the feafon for fuch an expedition, efpecially
as 400 of his men muft have gone in open
boats, to have pafTed. It was therefore unan-
imoufly advifed by a council of war, that it
fhould be laid afide, in order to be renewed
at an earlier feafon, and with additional force,
the enfuing year. The General left Ofwego
garrifoned by 700 men, with orders to exe-
cute the plan which he had formed for com-
pleting its fortifications.

Thus ended the tranfaftions of the year
X755- " A year," fays a well-informed wri-
ter of that time, " never to be forgotten in
America. It opened with the faireft profpe&s

to

26o SHIRLEY.

to thefe diftant difperfions of the Britifh em-
pire. Four armies were on foot, to remove
the encroachments of a perfidious neighbour,
and our coafts honoured with a fleet for their
fecurity, under the command of the brave
and vigilant Bofcawen. We had every thing
to exped— -nothing to fear. The enemy was
defpifed ; and we only defired a proclamation
of war, for the final deftruction of the whole
country of New France : But, how unlooked-
for was the event ! Gen. Winflow indeed
fucceeded in Nova-Scotia ; but Braddock was
defeated ; Niagara and Crown-Point remained
unreduced ; the Barbarians were let loofe from
the wildernefs ; many thoufand farms are
abandoned ; the King's fubjeds inhumanly
butchered or reduced to beggary ; one of the
Provinces (Pennfylvania) rent by inteftine
broils ; in another, (New-York) a potent
fadion laying the foundation for new difafters
In the courfe of another yean" To all which
might have been added, an impoverishment
of the public finances to a defperate ftate,
the Crown-Point expedition having coft,
on the part of Maflachufetts Bay alone,
^.79,618 8f. tyd. befides unliquidated ac-
counts to a large amount, for the charge of
the fick and wounded, the garrifons at the

two

SHIRLEY. 261

two forts of William-Henry and Edward, and { 1 0
a great ftock of provifions laid in for their
fupport,

Whilft war was raging in the double form
of European and Indian terrors through L> ,
NorthrAmerica, the fcene of a&ion was ren- '
dered (till more dreadful by an Earthquake,
more violent in its motions, and of longer du-
ration, than any heretofore experienced in
this quarter of the globe. It happened on Eoft ^
the morning of the 1 8th. day of November, *ns Pol-
and by a fingular circumftance the exad: time
was afcertained to have been at 1 1 minutes
35 fecouds after 4 o'clock. It continued at
Jeaft four minutes ; and, fhaping its courfe
from north-weft to fouth-eaft, extended its
effedts 1,900 miles. It began with an undu-
latory motion, the velocity of which was
demonftrated in Bofton by feveral remarkable
effects. Many chimnies were levelled down
to the roofs of the houfes, ; the upper part
of the walls of fome brick buildings were
thrown over ; a diftiller's ciftern was burft
by the agitation of the liquor which it con- ^ T1?"

J throp s Lee-

tained ; the wooden fpindle of the vane on jure on

Earthquakss

Faneuil-Hall was broken, and the iron ones
which fupported the vanes on many high

fteeples

262 S H I R L E Y,

fteeples were bent ; the tifual difplacing of
furniture and rocking of buildings took place
in a violent degree, and there was, on the
whole, demonftrative evidence that this was
juftly ranked foremoft among the five Great
Earthquakes of this country, the firft of which
happened in the year 1638. Such an ex-
traordinary convulfion of the earth, from the
circumftances of the people, and their caft of
character, operated ftrongly upon their minds
in a moral view ; and religion offering a con-
folation more liable than any temporal fup-
port, was reforted to with a fervour, which
diftant danger or the regular approach of mis-
fortune never infpires. The places of public
worfhip were frequently and univerfally at-
tended by all ranks of people ; and when
they became informed of the more dreadful
cataftrophe which followed the fame natural
caufes in Europe, a renewed fenfation refulted
from their efcape when apparently on the verge
of a like general destruction. The govern-
ment of Maflachufetts Bay noticed this folemn
alarm by appointing a day of humiliation and
prayer, in acknowledgment of the cliftinguifh-
ing mercy of God, and in fubmiffion to his
righteous judgments.

CHAP.

SHIRLEY. 263

• • • • ; JifaBft^ M •

CHAP. XIII.

Plan of operations for the year 1756 — Cover- | "J )"£
nor Shirley returns to Bojton — Observation

on the rcfonrces of the BritiJIj Colonies to
maintain a war- — Objections to the mode of
oppojing the Fre?ich— General Court demand
ajjijlance from the crown — They agree to
raife another army againft Crown-Point —
General Shirley recalled — Aft of Parliament
empowering foreign Protejiants to ferve as
officers in America.

fTHHE great pofts on the frontiers of the
Britiih Colonies being garrifoned, Gen.
Shirley returned to Albany, where he received
a commiffion from the lords juftices of the
kingdom as commander in chief of his Maj-
efty's forces in North-America, and from
thence he proceeded to New-York, where he
called a grand council of war on the I2th.
of December. To this the Governors of all
the Colonies were invited ; but thofe only of
New- York, Maryland, Pennfylvania and Con-
necticut affifted. At their meeting, the want
of fuccefs in the late campaign feemed to oper-
ate in favour of more vigorous and extenfive

operations,

364 SHIRLEY.

operations, rather than a difcouragement in
the planning of the next* They agreed that
10,000 men fhould be raifed for another ex-
pedition againft Crown-Point, 6,0oo for
that on Lake Ontario, 3,000 for an attack on
Fort Du Quefne, and if it ihould not inter-
fere with the other meafures, that 2,000 men
fhould advance up the river Kennebeck, de-
ftroy the fettlement adjoining the Chaudiere,
and, defcending to the mouth of that river
within three miles of Quebec, keep all that
part of Canada in an alarm.

Having waited until the middle of January
to profecute a winter's expedition againft Ti-
conderoga, which was feebly garrifoned, and
being prevented executing it by the want of
froft and fnow to aid in the tranfportation of
ftores, Gen. Shirley fet out for his own gov-
ernment, ever the foremoft and moft influen-
tial in the defence of the country, in order to
give motion to the great and difficult plan he
had conceived.

Upon his arrival there, he was received
with many marks of public congratulation.
There was an evident rivalfhip between the
Colonies of Maflachufetts Bay and New- York.
The leading men in the latter were enlifted

on

SHIRLEY.

on the fide of Gen, Johnfon, who was received
into their capital with much ceremony on ac-
count of his celebrated vidory over Dieikau.
The former was determined not to be outdone
in this refpect upon the arrival of the com-
mander in chief. In addition to military pa-
rade, an evening's repaft was provided to
drink his Majefty's health upon the occafion,
and addrefles were prefented from both
branches of the General Court, feveral cor-
porations and other public bodies of men, as
was done upon the Governor's late arrival
from Europe. The Council and Houfe of
Reprefentatives obferved, that the preferva-
tion of Ofwego and the continuance of his
Majefty's poflfeffion of the Lake Ontario was
to be attributed to the care and vigilance of
His Excellency, on the continuance of whofe
life and adminiftration the future profpects of
the Province greatly depended.

However the Britiih Colonies might have
abounded with men, and with a fpirit of. loy-
alty and firinnefs in the defence of the coun-
try, their ability to maintain an extenfive and
continued war was fmall. The means of
procuring money, that great inftrument in all
national meafures, was exhaufted in a fmgle

K k campaign,

SHIRLEY.

campaign, which is readily to be accounted
for by a moment's reflection on the nature
of their fifcal refources. Although in Mafla-
chufetts excife duties were ufed even more
freely than the ipirit of later times would ad-
mit of, yet in fo fmall a community, the con-
fumption of dutied articles, in point of rev-
enue, was trifling, and the duration of the
laws for raifing money in this way, was fliort.
Their greateft recourfe was to the direct taxes
upon polls and eftates, which very much re-
femble the voluntary contribution of individ-
uals towards any object of which they are all
in favour, and fail in punctuality at leaft, long
before the inability of the people begins, un-
lefs trie ufe to which the proceeds are applied,
be agreeable to their own conceptions of what
it ought to be. Without irrevocable grants
of taxes, founded on permanent funds, no
national credit could be raifed on which
money might be borrowed ; and the idea of
a national debt being eflablifhed among fo
young a people, could never be wifhed for
nor expected, beyond the unavoidable excef-
fes. of ordinary expenfes, if any fuch mould
unfortunately remain. Thefe confiderations
receive additional force, if we contraft the
policies of the two contending nations in Eu-
rope

SHIRLEY. 267

rope as before hinted. The one flanding
forward herfelf, and ufing her Colony only
in the way which it was natural, and not un-
profitable for it to ad: in ; the other puihing
forward her Province as principals, and rather
backing them like allies than fupporting and
maintaining them like fubje&s.

Here then lay Governor Shirley's talk, of
which he was aware, and received full evi-
dence of its weight. There were not want-
ing among the people thofe who, with fome
plaufibility at leaft, objected to the whole.
plan of oppofmg the French, by an. attack
upon Crown-Point. They faw no propor-
tionable advantage that could refult from the
expenfe of fo much money. If it fhpuld be
taken (of doing which^ from the experiment
of the laft year, there refulted, little hope) the
fort muft either be demolished or garrifoned :
if demolifhed, the, French would build another
at perhaps a tenth part of the expenfe which
the Englifti mufl be at in putting them to the
trouble ; if garrifoned, it would impoyerifh
the New-England governments to myaintaifl
the pofTeffipn of it ; or would be a greater
charge to the mother country, if me fhould

undertake it, than all Canada would be worth
• . N •

te

268 SHIRLEY.

to her. The only rational method in their
opinion, therefore, would be to beftow
ftrength and treafure upon a plan which
would be final in its effect, by attacking
Quebec itfelf, on which all other parts of
Canada depended, and which did not require
more force to fubdue it than lefs important
pofts. The magnitude of the Crown-Point
expedition alfo was faid to be vaftly fuperior
to its ultimate prcpcfed effect, it being in-
tended by the council at Alexandria as noth-
ing but a feint to draw away the force and
attention of the enemy from Fort Du Quefne,
and fo to exhauft and harafs all New-England
for the benefit of the fouthern Colonies. The
manner in which the laft campaign termina-
ted was likewife very unfatisfactory to the
people, it being difficult to convince many
that the intereft of the Colony of New-York
was not preferred to that of the whole, in
the building of two expenfive forts within
its territories, and in the protracting of a
war particularly beneficial to its inhabitants,
when a manly purfuit of a difcomfi ted enemy
might have finiihed the expedition. A cen-
fure naturally arofe out of this reflection up-
on Gen. Johnfon, who belonged to the Prov-
ince

SHIRLEY.

ince of New- York ; and this, together with
the general want of fuccefs in the war, drew
correfpondent invectives againft the com-
mander in chief, which at length hecame fo
frequent, difrefpeftful and fevere, that he fent
a meffage to both Houfes of Affembly ex-
prefsly upon the licentioufnefs of the prefs,
confidering the publications in the newf-
papers, as reflecting not only on the officers,
but on the governments concerned in the late
expedition againft Crown-Point, and recom-
mending to them to ccnfider of meafures to
prevent the publication of fuch malignant
libels, which might alienate the affections of
the feveral Provinces from each other.

The two Koufes, in their reply to this Journal Of

' . . the Houfc

meffage, demonftrated their fenfe of the inju- ofRcpre-

. r . fcntatives.

nous tendency of fuch publications, by ex-
pre fling their utter difapprcbation of the wri-
tings in queftion, and their wHlirtgnefs to
countenance a profecution, fo far as they
were an offence againft law : at the fame
time offering in a future feffion (being then
about to rife) to fupply any defeft there might
be in the provifion made againft fuch prac-
tices ; and expreffing a hope that the govern-
ment of New- York would take care to re-

ftrain

270 SHIRLEY.

ftrain the licentioufnefs of the prefs there,
where pieces of a fimilar nature had been
publifhecL

It is fcarcely neceflary to add what at this
day will be fo readily anticipated, that this
mild fuggeftion of government had not the
effeft of filencing political fcribblers, in a
free country where the conftitution throws
off its humours by its vigour. The wifdom
of man has not yet invented a fcheme which
will admit of the uncontrolled defence of
liberty, and at the fame time exclude from,
the prefs the afterifks of flander, and the
black-lined inuendoes of interefted malice.

Upon the Governor's laying before the
General Court the plan of operations agreed
on at New- York, they replied that there
never was a time in which the interefts of
the Britifli Colonies were in a more critical
fituation than the prefent, and through his
zeal, vigilance and prudence, they promifed
themfelves the fatisfaftion to fee the French
removed from their unjuft encroachments :
that by the Kennebeck and Crown-Point ex-
peditions, the debt of the Province was fo
much increafed, that its inhabitants were

ready

SHIRLEY. 271

ready to fmk under the burden of taxes in-
curred by thofe means ; and the credit of
the government had been ftretched fo far,
that they even defpaired of borrowing money
fufficient to pay off their troops lately return-
ed : that they engaged in the latter enterprize,
in humble truft and confidence that bis Maj-
efty would be gracioufly pleafed to encourage
them in it ; but if it appeared to be above
the abilities of the Province, when it was firft
undertaken, at which time it was propofed
to furnifh only 1,200 men, it muft pmve
much more fo when the troops had been aug-
mented to upwards of four thoufand : that,
early apprehenfive of this burden, they had
inftru&ed their agent to folicit relief at home,
where the Secretary of State obferved, that
the attempt upon Growft-Point was made a
part of the plan at Alexandria, and that the
proceeding in it was carrying fo far the plan
into execution, and mentioned the ample
powers given to the General, relating to the
charges occafioned by the war : that there-
fore, having the ftrength and treafure of
France employed againft them, they relied
upon His Excellency's doing every thing
within his ability to eafe them of their heavy
burden ; and that his Majefty would be

pleafed

272 S H I R L E Y.

pleafed to afford fufficient force to oppofe fo
powerful an enemy.

However, upon re-affuming the confidera-
tion of their further profecuting the expedi-
tion, they propofed, that if a fufficient fum
could be advanced for paying the foldiers
employed the laft year, and a fuitable bounty
to fuch as it fhould be found neceflary to em-
ploy the enfuing one, they would proceed
immediately to do every thing requifite on
their part towards railing the forces.

.

After they had declined to garrifon the fort
at Number Four in New-Hampfliire, on the
fame principles which induced them to decline
undertaking a new expedition, the Governor
agreed to their propofition, and loaned the
Province ^.30,000 fterling out of the King's
money in his hands, taking for fecurity fuch
grant as might be made them for their ex-
traordinary fervices by the King or Parlia-
ment, and a further collateral mortgage of a
tax to be raifed in the. two following years.

The pecuniary aid being thus fettled, the
General Court voted to raife 3,000 men to
affift in removing the encroachments of the.

French

SHIRLEY. 273

French near Crown-Point, and to thefe 500
were afterwards added. The command of all
the provincial forces in this expedition was
given by Gen. Shirley to Major-General
Winflow, who was called for that purpofe
out of Nova-Scotia, where he had conducted
with fuch approved caution and ability, as
increafed his popularity with his men, and
ftrengthened the confidence which the gov-
ernment had placed in him. Notwithftand-
ing this, there appeared a great alteration in the
facility of raifing foldiers for the fervice, ow-
ing to the various draughts which had been
made in the laft year, and the great wafte of
men which takes place in military bodies. A
bounty was offered to every one who would
enlift ; and in cafe of this encouragement prov-
ing ineffectual, it was provided that an impref*
fhould take place, which was defigned to com-
pel the party draughted to ferve perfonally
or pay a "fine. In fome cafes, every man in
a company would pay the fine, which ftill
was infufficient to raife its quota ; and in Thomas
others, the whole company would abfent JSt^ftwrn
themfelves excepting the number required, Falraouth-
who being impreffed according to law, were
found unfit for duty : fo that by returns from
Gen* Winflow on the 26th. of May, MafTa-

L 1 ciufetttr

274 SHIRLEY.

chufetts had only 2,600 men in the field, and
in the month of Auguft about 3,000, al-
though the Province had then paid the fub-
fiftence money, and furnifhed arms for a
larger number, and had advanced the bounties
for the privates of 3,500, its whole propor-
tion. This embarraffment in raifmg men,
was no doubt owing in part to a very diftreff-
ing imprefs of failors by the King's ihips, even
out of the fifhing craft, and to the unjuft de-
tention of one of the battalions of men fent
the laft year into Nova-Scotia, againft the moft
earneft remonft ranees of the government, and
a ferious caution that the diftrefles of that
country might find tardy relief, if again re-
quired from the accuftomed, but, at length,
abufed prote&ion of the Province.

Notwithftanding Gen. Shirley muft by this
time have underftood that he fhould be fuper-
feded in the chief command of all the forces
in Britiih America, and muft have felt the
weight of ill fortune and oppofition crowding
him from his, provincial fkation, yet he did not
relax in the profecution of the military oper-
ations which were before him. Having fin-
imed the feffion of the General Court on the
sift, of April, he began his journey to New-
York

SHIRLEY. a 75

York the fame day, and arrived at Albany
on the 1 3th. of May. Here he continued a
diligent command of the troops, until the ar-
rival of Gen. Abercrombie about the laft of
June, who fucceeded him in that important
ftation for a fhort time, being himfelf fuper-
feded by the Earl of Loudoun in the latter
end of July. Gen. Shirley received his recal,
in a letter from Mr. Fox, Secretary of State,
acquainting him that it was reprefented to
the King that his prefence in England might
be very neceflary to his Majefty's fervice at
that time, as he was able to give much light
and information relative to the ftate of affairs
in North- America ; and a frigate was ordered
to receive him, However, he remained ig-
norant whether or not he fhould be finally
taken from his government, to which he re-
turned on the gth, of Auguft.

It being provided by acls of Parliament,,
that foreign Proteftants, upon their refiding
in the Britifh Colonies feven years, might be
naturalized, and enjoy all the privileges of na-
tive fubjeds, excepting thofe particularly fpe-
cified, of which that of holding military com-
miffions was one ; many perfons of that de-
fcription had emigrated to North-America,

under

276 SHIRLEY.

under the encouragement of thefe laws. As
the miniftry were about to raife four {landing
regiments for the defence of the country, par-
ticularly thofe parts which were inhabited by
Quakers, who had carried their principles of
non-refiftance to fuch extravagant lengths, as
to bring the Province of Pennfylvania into im-
minent danger, they conceived the defign of
filling one of them with this clafs of new-
made fubje£ts. A law was accordingly made
to enable a number of them, not exceeding
feventy, upon taking the oath of allegiance
and complying with the other conditions pre-
fcribed by law, to ferve and receive pay as
officers and engineers in America. Two im-
portant reafons were affigned for this by the
act ; becaufe many of them had ferved in
foreign countries, and acquired experience in
the military profeflion,and becaufe the foldiers
who might enter the fervice from this clafs
of people, could not be fo well difciplined by
any other perfons, as thofe who were ac-
quainted with their language and manners.

A very zealous oppofition was raifed to
this acl: by many refpectable members of Par-
Seao!n9ch.5. liament, and the agent for the Province of
Maffachufetts Bay joined them, petitioning
the Houfe of Lords to be heard againft it.

The

SHIRLEY. $77

The reafons which they urged, fo far as they
refpefted the bill inks ultimate form, were of
the following nature. That the bill was in-
coniiftent with the act for the further fettle-
ment of the crown, and better fecuring of the
rights and liberties of the fubjecl', which ex-
prefsly provided that no foreigner, even al-
though he fhould be naturalized or made a
denizen, fhould be capable of enjoying
any office or place of truft, civil or mil-
itary ; and this provificn had been con-
fidered and reverenced as an effential and
facred part of the Britifh conftitution : that
the incorporating of thefe emigrants into a
feparate regiment would tend to keep up their
ignorance of the Englifh language, and of the
laws, orders and ufages of the country, and
prevent their uniting with the old fubjects :
that many of the fettlers, for the fake of whofe
fer vices the employment of foreign officers
was propofed, had not refided the full time
requifite by the bill to entitle them to natur-
alization, and they would, without fuch refi-
dence, be improper perfons to be made part

of his Majefty's forces : that the fuppofition
that thefe new fubjefts would be more in-
duced than the native Americans to become
part of hi; Maicfly's ftanding forces, and that

they

S H ! R L E Y.

they would be particularly ferviceable in gar-
rifon, was ill founded ; becaufe the cheapnefs
of land, the high price of labour, and the value
of civil liberty, being the • chief caufes which
prevented the Americans becoming foldiers for
life or for any indefinite time, and the new fub-
jects having come to the Colonies with an
intent to enjoy thofe great advantages, it was
probable that the fame caufes would produce
the fame effects upon their minds : or if any
of them fhould be engaged in the fervice, it
would probably be thofe who had no prop*
erty, little induftry, and whofe motive for
going to the war would arife from their idle-
nefs : that inch perfons, wanting the love
which natural-born fubjefts have for their
country, their fidelity could not be equally
fecured with that of the latter ; and that
they wrould be particularly unfit to garrU
fon the forts upon the frontiers, which were
ereded not only for their protection in parts
romote from the Englifh fettlements, but to
preferve and cultivate a good correfpondence,
and carry on a commerce with the feveral
Indian nations which frequent them, and
where all circumftances confpire to make It
neceffary that the garrifons, with every thing
elfe, appear as much Englifh as poflible :

that

SHIRLEY. 279

that the raifmg and difciplining a regiment
in the Colonies by foreign officers would be
difagreeable to the Colonies in general, and
efpecially to thofe in whom the chief ftrength
of his Majefty's arms in America lay ; to
the officers at large in the provincial corps,
as well as thofe who, after diftinguifhing
themfelves by their good behaviour, might
defire the honour and favour of receiving
thofe commiffions which were propofed to
be given to the foreigners ; to the main body
of the Americans who were in arms, whofe
general fentiments concerning foreigners were
fuch, that it would be difficult, if not impoffi-
ble, to reconcile their minds wholly to this
meafure ; fo that if a junction of this intended
regiment with the other troops mould be
requifite, there was good reafon to apprehend
fuch jealoufy, animofity and divifions would
arife, as would be deftruftive of the mutual
confidence, which is fo defirable in an army
for its fuccefs.

The magnitude of the principles adduced
in this argument, as well as the zeal with
which they were urged, feem to have been
difproportioned to the importance of the fub-
je£t : and the whole ferved only to enlarge
cloud of oppofition, which the rays of

minifterial

280 SHIRLEY.

miniflerial power had as yet flrength fufficient
to difpel, although fail defcending into the
horizon of political oblivion.

CHAP. XIV.

The army fent again/I Crown-Point joined by
the regulars — Mode of acting together fet-
tled— Forts at Ofwego taken by the French —
The Engli/h army put on the defence — Re-
imburfemcnt money arrives — Reinforcements
ordered — Governor Shirley embarks for En-
gland— Conduct of the General Court to-
wards him — His character — Campaign clof-
ed — Mlfcellaneous matters.

TF the campaign of 1755 was unfuccefsful,
that of 1756 contributed nothing towards
raifmg the military reputation of the Englifh.
The expedition to Crown-Point, it is true,
exhibited an immenfe difplay of labour, and
a ready zeal to meet the enemy. Some idea
may be formed of it in this view, if we con-
fider that the troops, provifions, and military
ftores, were to be collected from a country
extending itfalf feveral hundred miles from

Albany,

.SHIRLEY. 281

Albany, the place of rendezvous, and then to
be tranfported, partly by land and partly by
water, feventy miles by fucceffive ftages to
Fort William-Henry, through roads conftantly
to be repaired, and pervading a wildernefs,
always expofed to the fudden and unforefeen
attacks of the enemy, fo as to allow of noth-
ing being carried fafely, but with a fuperior
force. The burden of fuch an enterprize will
not be difficult to be underftood by military
men. The weight of the ordnance ftores
exceeded 200 tons ; and the calculation for
moving the provifions of the Maflachufetts
Bay alone required upwards of 480 teams.
But this" elaborate project was checked and
converted into a mere fyftem of defence, by
a fimilar though lefs bloody misfortune than
that of the laft year.

Gen. Winflow, upon reviewing his fitua- G£n xrinfp
tion, not only conceived that the numbers
actually in the field under his command,
which never much exceeded 7,000, were in-
fufficient to fecure his enterprize, but that the
whole propofed force, if collected, w^ould
fcarcely be equal to it, and therefore urged
an increafe of his men. But when the reg-
ular troops arrived from England, the army

M m appeared

SHIRLEY.

appeared to be fufficiently ftrengthened, as
the whole body of the Provincials would be
enabled to march into the country occupied
by the enemy : for the plan agreed on was,
that they fhould advance, and as they quitted
the forts and other pofts, the regulars fhould
fucceed to their ftations, and perform the
duty of the garrifons* This divifion of the
fervice appeared highly honourable to the
colonial troops, and was grounded chiefly
upon an opposition which they made to the
diftinftions exiftmg between them and the
regulars, which, although before noticed, it
may not be amifs to detail in the prefent
inftance.

Abercrombie, then commander in chief,
liaving fent for Gen. Winflow to Albany ;
ftpon his arrival there, the queftion was put
to him, What effedt the junction of his Maj-
efty*s: forces would have with the Provincials,
if ordered to join them in their intended ex-
pedition ? To which the reply of the Amer-
ican General was, that he fhould be extremely
pleafed if fuch a junction could be made, but
apprehended, that if by it the provincial offi-
cers were to lofe their command, as the men
were raifed immediately under them by the

feveral

SHIRLEY, 283

feveral governments, it would caufe an aimoft
univerfal difcontent, if not defertion, and re-
quefted leave to confult his principal officers.
At a meeting held by them, after five days
debate, they fully confirmed their General's
opinion, as putting the men under the com-
mand of other officers would be contrary to
the tenor of their enliftment, and they, of
courfe, would not be held. The officers alib
added, that if a jundion fhould defeat the
expedition to Lake Ontario this year, it would
enable the French to draw their forces from
that quarter, to reinforce the polls of Crown-
Point and Carilon, with numbers beyond
what his Majefty's troops would reinforce
the Provincials, But if it {hould not have
this effect, nor deprive their general and field
officers of the fame rank and command as
they would have if no junction took place,
in that cafe they thought it would be accept-
able to the Provincials, and promote his
Majefty's fervice. From that part of this
opinion which related to the Ontario expedi-
tion, Major-General Lyman, and nine other
members of the council, diffented, as not be-
ing a dired anfwer to the queftion propofed.
Upon the arrival of Lord Loudoun, the fame
fubjeft was revived, and the queftion was put

in

284 SHIRLEY,

in a more ferious form : Whether the troops
now raifed by the feveral Provinces and Col-
onies of New-England, and armed with his
Majefty's arms, would, in obedience to his
Majefty's commands fignified to them, act in
conjunction with his Majefty's troops ; and
under the command of his commander in
chief, in whofe hands he had put the execu-
tion of all thefe matters ? To which the pro-
vincial officers unanimoufly replied, that they
cheerfully fubmitted themfelves to Lord
Loudoun in all dutiful obedience, and were
ready and willing to act in conjunction with
his Majefty's troops, and to put themfelves
under his command, as the commander in
chief of all his Majefty's forces in North-?
America ; but as the troops raifed by the fev-r
eral Provinces and Colonies in New-England
Jiad been raifed this year on particular terms,
and had proceeded to act thus far in that form,
they humbly begge4 it as a favour of his Lord-
fliip to let thofe troops act feparately, fo far
as it was confiftent with his Majefty's fervice,
This difpute being thus fettled, the feparatc
operation of the forces was permitted, and the
Attention of both parties was fc-on called off
io a different fubject.

On

SHIRLEY. 285

On the loth, of Auguft, the enemy ap-
proached the fort at Ofwego with a force of te;; of f~hn
more than five thoufand regulars, Canadians
and Indians, and after attacking it and firing
with fmall arms until the 1 3th. they brought
up their cannon, and prepared to open a bat-
tery within 80 yards of it. Upon this, Col.
Mercer, the commander, after taking the zette.
opinion of his officers, ordered Fort Ontario
to be evacuated, and the men retired without
lofs to the old fort, againft which the enemy
opened a battery of eleven pieces of cannon
the next mornine. This was plaved off with

<— i £ - j

fuch effecl: as, after killing the Englifli com-
mander, to render the place untenable in a
few hours, according to the declaration of the
engineers. To fave an affault, the garrifon,
confifting of 1,400 men, furrendered as prif-
oners of war under Col. Lettlehales, being
then pofleffed of five months provifions.
A refpedtable naval armament on the lake fell
into the hands of the French, who were now
enabled to advance with full force againft
Crown-Point. Their policy was no lefs con-
fpicuous than the fuperiority of their arms.
Inftead of continuing the fort at Ofwego,
they demolifhed it in the prefence of the In-
dians

286 SHIRLEY,

dians of the Five Nations, to whom they rep-
refented that the French aimed only at en-
abling them to preferve their neutrality ;
and therefore deftroyed the fortrefs which
the Englifh had eredted in their country to
overawe them, difdaining themfelves to take
the fame advantage, although put into their
hands by the right of conqueft.

The misfortunes of this year produced the
fear of refponfibility and the fpirit of recrim-
ination throughout the Englifh nation, from
the prime minifter down to the loweft com-
mander. Addrefs was ufed to ihift the lofs
of Ofwego, like that of Minorca, from one
agent to another. Thofe who had laboured
againft Gen. Shirley with fo much efFeft,
preferved a eonfiftency in afcribing it to his
not ftrengthening the garrifon, to the weak-
nefs of the fortifications, and to his neglecT:
in acquainting his fucceflbr with its true fitu-
ation. Their opponents thought the cafe
fpoke for itfelf. The refiftance of the garri-
fon, who were 1,400 ftrong, and who had a
plenty of provifions, lafted for a few days
only. However the fuperiority of the enemy
might have been forefeen, it was very little
felt, as the lofs of men was too trifling to men-
tion,

\

SHIRLEY. 287

tion, and the ftate of fo important a fortrefs
could not have remained unknown for two
months to Shirley's fuccefibrs, when his con-
flant folicitude and obfervations refpedting
the fate of Ofwego were fo notorious.

This difafter produced orders from Lord
Loudoun to Gen. Winflow not to proceed in
his intended attack upon Ticonderoga at
prefent, but to guard againft the enemy's
attacking him, or advancing into the country
by South-Bay or Wood-Creek. Major-Gen-
eral Webb, with about fourteen hundred
men, took poft at the great carrying-place,
and Sir William Johnfon, with about one
thoufand of the militia, at the German Flatts,
to prevent the enemy's coming behind him.
Reinforcements were fent for from all the
Provinces, and every poffible meafure taken
to prevent the enemy over-running the coun-
try, which was thought not improbable if the
army at Lake George fhould meet with any
misfortune.

Whilft the army was preparing for action

i r • • i • • Journals of

on the frontiers, exertions were making m theHoufe of
Maflachufetts to fill up its quota, which was
yet deficient 600 men. The receipt of letters

from

283 SHIRLEY.

from Mr. Fox, Secretary of State, and the
reimburfement money for extra advances of
the laft year, gave a fpirit to recruiting, which
enabled the General Court to renew the
bounty to fuch as fhould enlift, it being found
impracticable to force the fervice further by
an imprefs. An armed floop was alfo pro-
vided to guard the fea-coaft, in conj unction
with fuch fhip of the royal navy as it was
hoped might be obtained for the fame pur-
pofe ; it being now known that war was
declared againft France on the 1 8th. of May.
The fum granted by Parliament was^. 115,000
fterling, which was apportioned in the follow-
ing manner: MaffachufettsBay^.54,ooo,Con-

Hampfhire ,£.8,000, Rhode-Ifland ;£. 7,000,
New-Jerfey ^.5,000. This money arriving at
New-York with the troops from England,
enabled the government to pay off the antici-
pation borrowed of the commander in chief,
and to replenifh the public treafury. They
had alfo the fatisfaftion to find, that the Prov-
ince had not only anticipated the King's
expectations in raifmg men, but had alfo fur-
nifhed them with provifions, which he had
ordered to be found at the national expenfe.

Before

SHIRLEY. 289

Before all the requifite levies could be for-
warded, the melancholy news arrived of the
capture of Ofwego, with the opinion of Lord
Loudoun,that he could fcarce hope to do more
than to refift the French power in his quarter.
The provincial army was fuppofed, by this
misfortune, to be left expofed to the whole
ftrength of the enemy. So interefting a dan-
ger left no hefitation as to immediate efforts.
The General Court requefted the Governor
to make a draught of 1,000 men from
the weftern regiments in the counties of
Hampfhire and Worcefter, to relieve and aid
Gen. Window's army, when he mould inform
of the motion of the French to attack him,
and mould judge it neceffary for this rein-
forcement to march.

In this declining ftate of military affairs, the
King's orders made it neceffary for Gover-
nor Shirley to embark for England. Upon
this occafion, there appears a cordial and
affectionate conduct towards him on the part
of the General Court. In their addrefs, they
exprefs their concern at being deprived of his
wife and prudent conduct. They recited,
with marks of approbation, his unwearied
application to bufmefs, efpecially in the expe-

N n dition

290 SHIRLEY.

dition againft Louiibourg ; his vigilance in
repeatedly preferring Nova-Scotia ; and his
watchful obfervation of the perfidious defigns
of the enemy ; which could not but endear
his memory to them, and recommend him to
the royal favour. The eafy manner in which
the ancient and irritating fubjeft of a fixed
falary was awakened and conduded, is a ftill
ftronger evidence of the harmony which fub-
fifted between them. In a meflage for making
provifion for his pay when out of the Prov-
ince, he reminded them that his Majefty
underflood the promife, made him by former
aflemblies during the time of the difpute
between Governors Burnet and Belcher con-
cerning a fixed falary (and upon their making
of which his Majefty was pleafed to permit
his Governors ever fince to accept of grants
of £. 1,000 fterling per annum, made annu-
ally by the aflemblies) to be, that they would
conftantly make fuch provifion for his Gov-
ernor's fupport, as well when he fhould be ab-
fent out of the Province as refident within it.
And the King, under this expectation, in-
ftruded the Governor, when he fhould be fo
abfent, that one moiety of his falary fhould
be paid to the Lieutenant-Governor towards
his maintenance, and the better fupport of

his

P H I P S.

his dignity : adding, that he produced the
inftru&ion at this time, rather to fhew the
ideas of the King as to the allowance to be
made to the Governor when out of the Prov-
ince, and that the engagements and promifes
made by former aiTemblies were binding, than
to obtain any thing by force of it. The al-
fembly avoiding altercation, paffed a vote to
allow ^.400 to the Governor, as a prefent^
for his fer vices in the government, and for
furniihing his table with fuch things as would
be for his better accommodation in his in-
tended voyage. This was prefented with an
addrefs equally friendly to him, and circum-
fpeft as to the point in queftion,

On the 25th. of September, the Governor
embarked at Bofton with the ufual military
parade, leaving the chief command of the
Province to devolve again on Lieutenant-
Governor Phips,

In taking our leave of Governor Shirley, it
cannot be uninterefting to recollect his hiftory
and character. Being a native of England,
he was there bred to the law, and came over
to America in the line of his profeflion, which
he followed until he received his commrffion
in the year 1741. This circumftance was

peculiarly

P H I P S.

peculiarly fortunate, as it of courfe prepared
him for his future official duties, by inftruct-
ing him in the character and manners of the
people, fo differing from thofe of the Europe-
ans, which he could not have well underftood
upon a recent connexion. Perhaps the molt
eminent features of his government were
formed from the knowledge which he thus
acquired, fmce of all his good qualities, his
addrefs and conciliatory habits effected the
moft, Placed in a fituation, where the jeal-
oufy of the people as to the enlargement of
the King's prerogative, was neither to be
eluded nor overawed, and where the crown
at the fame time expected him, as its repre-
Tentative, to preferve its claims entire to their
full extent, and perhaps to fubferve its views
of future encroachments, it was the height
of his good fortune, by a fpirit of accommt>-
dation, to avoid the broils which had been fo
conftantly fomenting between the chair and
the aflembly in preceding adminiftrations ;
and to direct the force of oppofition, where,
in a patriotic age, it will ever be guided,
againft the fubtlety and force of the common
enemy. The fuccefsful expedition againft
Cape Breton which he planned, and of which
he in a great meafure, directed the execution,

will

P H I P S. 293

will be a lafting memorial of an enterprizing
fpirit, which gave luftre and confequence to
the cauie of the country. The abolition of
the paper currency, under the evils of which
the other governments of New-England
laboured ib long after, owed much to his firm-
nefs and perfeverance. As a commiffioner
for fettling the boundaries between the great
contending nations in America, he is acknowl-
edged to have pofleffed information, and to
have contributed largely to the Englifh de-
fence. And, in general, it may be laid that
his difcernment as a politician, and above all,
his unremitting induftry, rendered him the
moil confpicuous and popular among the
Governors of his time.

The chief command of the Britim forces in
North-America was an appointment arduous,
intricate and full of hazard : fo various in its
duties, that it was requifite the comprehen-
five powers of the general mould be fupport-
ed by the activity of a partizan, and the re-
flricled energy of fubaltern talents ; fo ex-
tenfive in its object, that the many advantages
refulting from general arrangements were
liable to be wrefted away by the immediate
agents, whilft the evils unavoidable in any

fyftem,

294 P H I P S.

fyftem, might fall unbalanced upon the head
of the prime dire£tor. This was the fituation
inoft calculated to betray Governor Shirley,
who, however he might raife his military
plans upon a knowledge of the country, a
juft eftimate of his own refources, and a pen-
etration into the views of the enemy, did not
poflefs the alertnefs of practice, nor the vig-
our and confidence refulting from habit, which
were neceflary to carry them into execution.
In giving motion to a complicated and newly
levied force, he met with obftacles not wholly
furmountable, perhaps, by the greateft mili-
tary talents, which delayed, interrupted, and
eventually fruftrated, the projected attack up-
on the enemy. His ftation, fo unufual in
the country and fo paramount to all the offi-
cers in the Colonies, naturally drew upon him
the fcrutiny of emulation, and the unchari-
table cenfure of envy. Oppofers fprung up
\vhofe hopes were founded upon his misfor-
tunes, as their merits depended much upon
being contrafted with his miftakes. Even
private friendihip, it is faid, became treach-
erous from ambition, and a rival fprung out
of his voluntary patronage. Fortunate had it
been, if thefe enemies had found no other
ground of oppofition than the fuggeftions of

emulation.

P H I P S.

emulation. But the character of Governor
Shirley, as may be expected, had its {hades.
In military affairs, he was flow, and inapt to
feize upon the moment for fuccefs ; and at
an unpropitious hour, his ufual prudence for-
fook him in private life. Having been allied
by marriage to a refpectable family in En-
gland, whofe influence gained him his ap-
pointment, he, after the death of his wife,
and whilft he was a commiffioner at Paris,
formed a fecond matrimonial connexion, the
reverfe of the firft, as it refpected his own
dignity, and oppofed to the prejudices, if not
to the interefts of his country. If thefe
caufes had not been, fufficient to effect his
removal, the ftate of the Englifh nation, per-
haps, demanded it in the view of the minil-
try. The city of London and other places
were loudly petitioning as well againft thofe
through whofe treachery or cowardice Mahon
was loft, as thofe through whofe inactivity
the American war was fo unfuccefsful : And
it was not a fmall teftimony of his merits,
that at fo inaufpicious a moment, he was com-
pelled only to exchange his government for
the very inferior one of the Bahama Iflands.

It

296 P H I P S.

It has been alleged that he difclofed to a
leading character in America, by way of ex-
periment, the minifterial plan for taxing that
country. But as it is certain that this was
wholly laid afide during his adminiftration,
it is a favourable and not improbable con-
jecture, that his knowledge of the Americans,
and his defire to preferve their efforts againft
the French, unimpaired by a jealoufy of fuch
an inadmiffible claim, contributed much to
prevent its advancement. However, with-
out prejudice to him, it is to be obferved, that
the events which took place during his

miniftration naturally led to the great conten-
tion which tcet?sp35^Detween Great-Britain
and her Colonies. The former, by fighting
France in America, explored the country by
her armies, and appreciated its value by the
eagernefs of the enemy to poffefs it. She
alfo charged the defence of it to the Colonifts,
as neceffary for their immediate prefervation,
and thence deduced the reafonablenefs of tax-
ing them towards the national expenfes.

Governor Shirley, after ferving a number
of years under his new appointment, in which
he was fucceeded by one of his fons, returned
to Maffachufetts, and died at his former feat

in

P H I P S. 297

in Roxbury, on the 24th. day of March,
1771, and his remains were interred with
the honours of war, under the King's chapel,
in the capital. Although he had held feveral
of the moft lucrative offices within the gift
of the crown, in America, yet he left nothing
to his pofterity but a reputation, in which his
virtues greatly prevailed over his faults, and
which has not been furpafled by that of any
fucceeding Governor under the Engliih fove-
reignty.

The defenfive fyftem which had taken
place in the army in confequence of the
capture of the forts at Ofwego, required
of Gen. Winflow to fortify his carnp in the
ftrongeft manner which his pofition would
admit of. One of the two fides by which
alone the enemy could approach him with
advantage, he fecured by a dam that enabled
him to overflow a morafs with water ; the
other he encumbered by felling the trees, fo
as to retard any regular advances, and to
give him the fuperiority in the defence.
Thefe meafures were defigned to fecure Fort
William-Henry until the feafon mould be
over for a regular fiege, by which alone he
apprehended it could be taken. But a new

O o encmj

39* P H I P S.

enemy arcie, more dreadful to New-England
troops at this time, than the fwords of the
French or the tomahawks of the Indians*
This was the feall~pox, whkh broke out at
Albany. The recruits ordered to be detached
from the counties of Worcefter and Hamp-
fhire, after meeting with a check in their
march from a miftake in the iffuing of the
commiffions for their officers, were feized
with fuch a dread of this diforder, as rendered
any fervice fcarcely to be hoped for from
them at this time ; and the army at Lake
George, then on the wing, was not much lefs
affecled by it, The General Court were fo
fmpreffed with the operation which it would
probably have upon the levies, that they
jDnmafe,. requeued the Lieutenant-Governor to repre-
ient their cafe to the Earl of Loudoun, in
order that their march might be counter-
manded, as there was much more probability
of mifchievous than good confluences en-
filing,, if they fhould attempt to purfue It;

Their affiftance became unneceflary by the
termination of the campaign, and the difmif-
iion of the provincial forces, excepting the
regiment of New-York, on the nth. of No-
vember ; Fort William-Henry and the other

pofts

P H I P S. .

pofts in that quarter, being then left gavri-
ibned by the regular troops. This brought
home the fix regiments and the train of
Maflachufetts, and made it nccefTary to devife
new ways and means for paying their wages.
It was natural to have recourfe to the lame
affiftance which was obtained the lad year
under fimilar embarraffments : and a com-
mittee having been appointed to wait on
Lord Loudoun upon the general concerns of
the war, the General Court milrufted them
to folicit a loan to enable the government to
do juftice to the foldiers, and lupport the J°lirnal«-
public credit. But his anfwer was, that the
fupport of the regular forces would call for
all the public money which was then in the
treafury, and that a compliance with the de-
fire of the Province would therefore greatly
prejudice his Majefty's fervice.

The propofed expedition up tlieKennebeck,
in order to deftrpy the fettle ment adjoining;
the river Chaudiere, terminated only in a
fcouting party, which explored the country ;
and feems to have been undertaken rather
from circumftances that occurred in the courfc
of the fummer, than as a part of the great plan
originally projected. The Indians, as ufual,

kept

joo P H I P S.

kept up their lurking warfare on the frontiers,
and not without execution. In the month
Gsorge Ber- of April, a fmall party of them waylaid a
April 17, field at New-Marblehead, where the inhabit-
ants were at work, killed one man and
wounded another. A detachment immedi-
ately iffued, and purfued them fo clofely as
to have an opportunity of firing upon them,
but fucceeded no further than to take five of
their packs. Another party entered Win-
Oliver Pa-- chendon in June, and took Mr. Jofiah Fofter
and his family. A purfuit was not ordered.

/

]cft tae captives fhould be killed. In the fame
month a bolder attempt was made at FortHali-
£• ^B two Qf faQ garrifon were catching fifli
at fag FaiiS) four Indians fired, and wounded

them mortally. One returned the fire, and

f

the affiftance from the fort was fo quick as to
prevent their being fcalped. Thefe attacks
induced the General Court, in addition to
the fcouting parties eftablifhed throughout the
eaftern country, to fend a fmall force in whale-
boats up the river Amarifcoggin, to furprize
the enemy, fo as to prevent their coming
down in the fall from New Norridgewock, the
hunting ground of the Indians, and by which
thofe in the French intereft, travelled to ap-
proach the frontiers. This party meeting

with

ter,Hatfie

June 8.
Samuel

Letter, at

' rna1*"

P H I P S. 301

with no enemy, took the courfes and diftanccs
of the river to the extent of about eighty-five
miles, and fuch other observations as occurred
relating to the nature and ftate of the country.
On the firft of November, when the fcouts
were directed to be difmiffed, the government
ordered the enliftment of 150 men, to ferve
four weeks in ranging the hunting grounds of
the Indians, between the eaftern frontiers and
Canada.

In the tranfatlantic incidents of a parlia- Eollan«sLct.
mentary nature, affecting the Province of te
MafTachufetts Bay, in common with the other
Britim plantations, it is neceflary to mention
the continuation of the law called the Sugar
Aft, for the term of three years. This law,
being a temporary one, was made in the fixth
year of the reign of George II. for the better
fecuring and encouraging the trade of his
Majefty's fugar Colonies in America, and had
been continued from time to time until the
prefent year. The fubftance of it was grant-
ing a tax of nine pence a gallon on rurn and
fpirits, fix pence a gallon on molafles and fyr-
ups, and five {hillings a hundred weight on
fugars and paneles made in the American
plantations not belonging to his Majefty ; to

be

* T HIPS.

be paid on importation into the Britiih plan-
tations, before landing. The importation of
fugars, &c. except thofe of the Britifh plan-
tations, into Ireland, was alfo prohibited, unlefs
(hipped in Great-Britain ; and a drawback
was allowed on them in cafe of exportation :
The neceflary forfeitures were provided, and
made recoverable in the court of admiralty,
or any court of record, It is eafy to fee that
a tax founded on the principle of regulating
and encouraging manufactures, was too con-
venient an inftrument for the purpofe of gen-
eral revenue to be fuffered to expire ; and
the motive for continuing it, may well be fup-
pofed to have been founded rather upon the
principle of taxing the molafles trade, than
upon the complaints of the Weft-Indian fugar
planters.

The petition which the General Court, in
their folicitude to relieve the burdens of the
people, had directed to be prefented to the
King, requefting that the forts within the
Province might be garrifoned at the national
cxpenfe, was checked by their agent, who
requefted the annulling of his inftruflions
Lct- upon this fubjecl:. He fubmitted it to their

ler, Aug. 25.

coniideratkm whether, if their requcfi fhould

be

P H I P S.

be granted, the garrifon would not be ap-
pointed by the crown, with the entire direc-
tion of every thing relating to it : whether
it would not in time produce a claim to the
immediate jurifdiction and property of the
country protected by it ; and whether this
would not make an important breach in the
unity and extent of the power of government
now exercifed under the charter over the
whole Province : whether the crown would
at that time of expenfe, take upon it the par-
ticular charge of maintaining Fort Halifax,
without having further views. He alfo fub-
mitted it to their opinion, whether, as the
French from pofleffing the eaftern parts of the
Province might gain the whole of it, and even
the whole of the continent, the beft fecurity
againft this would not be to fettle thofe parts ;
and whether it did not appear from experi-
ence, that the ufe of regular troops had the
greateft tendency, at all times, to advance the
fettlement of a new country : and generally,,
whether the application to the crown to gar-
rifon the forts, was not a departure from the
{landing policy of the Province. Thefe
apprehenfions were obviated by the various
cxpenfes of the war, which did not admit of

the

304 P H I P S.

the mother country engaging in fuch a plam.
to bridle her Colonies.

Among the worthy men who lamented the
public trouKes, and who were not permitted
to view the diflant bleffings of peace, we ought
not to omit mentioning the pious and benev-
olent Jofiah Willard, Efq. Secretary of the
Province, who died on the fixth of December.
He filled that office near forty years, and part

Dr. SewalTs r . . . . - . , . . .

and Mr. or the time dilcharged the duties of a Coun-
n hi* fellor, and Judge of Probate for the county of
Suffolk, in connexion with it. An aflemblage
of good qualities ferved to difplay in him,
with peculiar happinefs, the operation of the
moral and religious principles of his forefath-
ers, and rendered his death univerfally regret-
ted, in particular by thofe who were moll
attached to the ancient fyftem of manners,
now about to yield to a general change in the
order and opinions of fociety.

END OF VOL. I.

Srt»:l- c"" J

K .

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