GIFT OF MARY JVCK^CH
CORRESPONDENCE OF WILLIAM SHIRLEY
THE MACMILLAN COMPANY
NEW YORK - BOSTON • CHICAGO DALLAS • SAN FRANCISCO
MACMILLAN & CO., LIMITED
LONDON • BOMBAY • CALCUTTA MELBOURNE
THE MACMILLAN CO. OF CANADA, LTD.
TORONTO
GOVERNOR OF MASSACHL
AND
MILITARY COMMANDER IN
1731-1760
WILLIAM SHIRLEY
1694-1771 GOVERNOR OF MASSACHUSETTS
BY
1741-1756
FROM THE ORIGINAL BY HUDSON
OWNED BY JOHN ERVING, ESQ., NEW YORK
FURNISHED THROUGH THE COURTESY OF
MRS. ANSON P. ATTERBURY NEW YORK SOCIETY OF THE COLONIAL DAMES OF AMERICA
TWO VOI.CME* VOL. I
MIL! AN COMF
10! *
4 HI-"*
CORRESPONDENCE OF WILLIAM SHIRLEY
\\ GOVERNOR OF MASSACHUSETTS
AND
MILITARY COMMANDER IN AMERICA 1731-1760
EDITED UNDER THE AUSPICES OF THE NATIONAL SOCIETY OF THE COLONIAL DAMES OF AMERICA
BY
CHARLES HENRY LINCOLN, PH.D.
TWO VOLUMES VOL. I
gork
THE MACMILLAN COMPANY
1912
All rights reserved
a
COPYRIGHT, 1912, BY THE MACMILLAN COMPANY.
Set up and electrotyped. Published April, 1912.
Norwood Prtit
J. S. Gushing Co. — Berwick & Smith Co. Norwood, Mass., U.S.A.
CONTENTS
PAGE
SHIRLEY TO DUKE OF NEWCASTLE, DECEMBER 6, 1731 . i Thanks the Duke for his recommendation to Governor
Belcher.
SHIRLEY TO DUKE OF NEWCASTLE, JULY i, 1733 . . . 2 Reasons for refusing post of Judge of Admiralty offered
by Belcher.
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 4, 1733 • • 4 Asks appointment as Surveyor-General of Woods in
America or of Surveyor of Lands in Nova Scotia. SHIRLEY TO DUKE OF NEWCASTLE, DECEMBER 22, 1736 . 6 Massachusetts intends to contest Crown's right to
King's Woods fit for the Navy. MRS. SHIRLEY TO DUKE OF NEWCASTLE, MARCH 2, 1736/7 8
Position desired for her husband. SHIRLEY TO DUKE OF NEWCASTLE, JANUARY n, 1737/8. 10
Requests post as Attorney-General of Virginia. MRS. SHIRLEY TO DUKE OF NEWCASTLE, JULY 19, 1738. n
Asks post of Naval Officer in New England for Shirley. DUKE OF NEWCASTLE TO MRS. SHIRLEY, JULY 23, 1738 . 12
Hopes to obtain an appointment for her husband. SHIRLEY TO DUKE OF NEWCASTLE, MARCH 3, 1738/9 . . 13 Denies participation in plan to oust Governor Belcher
from office. MRS. SHIRLEY TO DUKE OF NEWCASTLE, MARCH 13,
1739/40. 15
Appointment of Shirley as Governor of New Hamp shire.
DUKE OF NEWCASTLE TO SHIRLEY, APRIL 5, 1740 ... 17 Expedition against the West Indies. Dissatisfaction
with Governor Belcher.
SHIRLEY TO DUKE OF NEWCASTLE, MAY 12, 1740 ... 20 Loyalty of New England to the Crown. Hopes to be of service to the King.
261179
CONTENTS
PAGE
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 4, 1740 . . 22 Assistance offered Governor Belcher in promoting new levies has been declined.
*LORDS OF TRADE, JUNE 25, 1741 28
Draft of commission to Shirley as Governor of Mas sachusetts.
MRS. SHIRLEY TO DUKE OF NEWCASTLE, JULY 5, 1741 . 37 As to the appointment of a Naval Officer at Boston.
LORDS OF TRADE TO DUKE OF NEWCASTLE, JULY 22, 1741 38 Transmit instructions for Shirley as Governor of Mas sachusetts.
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 23, 1741 . . 39 Acknowledges appointment as Governor. Conditions in province.
LORDS JUSTICES TO SHIRLEY, SEPTEMBER 10, 1741 ... 43 General instructions as Governor of Massachusetts.
LORDS JUSTICES TO SHIRLEY, SEPTEMBER 10, 1741 ... 73 Instructions as to Navigation and Trade Laws.
SHIRLEY TO DUKE OF NEWCASTLE, OCTOBER 17, 1741 . ^6) Conditions in province. Land Bank scheme.
SHIRLEY TO DUKE OF NEWCASTLE, JANUARY 23, 1741/2 . 79 Royal instructions. Suppression of Land Bank. Re cruits in province.
SHIRLEY TO LORDS OF TRADE, APRIL 30, 1742 .... 83 Provincial bills of credit. Effect of act against silver scheme and Land Bank.
SHIRLEY TO DUKE OF NEWCASTLE, MAY 4, 1742 ... 86 Promises diligence for his son as naval officer. Speaks favorably of Secretary Willard.
SHIRLEY TO LORDS OF TRADE, JUNE 23, 1742 .... 87 Regarding settlement of salary upon him.
SHIRLEY TO DUKE OF NEWCASTLE, SEPTEMBER 15, 1742 . [89 / Suppression of Land Bank. Forts in the East. Com mands regarding Josiah Willard.
SHIRLEY TO LORD PRESIDENT OF THE COUNCIL, NOVEMBER
i, 1742 ; • 93
Ordnance for Castle William. Expeditions against Pemaquid and the Spanish West Indies.
SHIRLEY TO LORDS OF TRADE, JANUARY 24, 1742/3 . . 95 Massachusetts bills of credit.
CONTENTS
SHIRLEY TO LORDS OF TRADE, JANUARY 30, 1742/3 . . Land Bank scheme. Acts passed under Belcher gov ernment not presented for approval of Crown.
SHIRLEY TO LORDS OF TRADE, MARCH 19, 1742/3 . . . 101 Opposition to act to ascertain value of money.
SHIRLEY TO LORDS OF TRADE, NOVEMBER 7, 1743 . . . 107 Concerning the Land Bank. Incloses act for approval
of Crown. ^FRANCE, DECLARATION OF WAR AGAINST GREAT BRITAIN,
MARCH 15, 1743/4 112
SHIRLEY TO DUKE OF NEWCASTLE, MARCH 19, 1743/4 • JIS Ten companies of snow-shoe men raised for Indian war fare. Will put provincial forces in good condition.
SHIRLEY TO DUKE OF NEWCASTLE, MARCH 23, 1743/4 • Ix^ Thanks of Massachusetts for stores received.
> GREAT BRITAIN, DECLARATION OF WAR AGAINST FRANCE,
MARCH 29, 1744 117
xDuKE OF NEWCASTLE TO SHIRLEY, MARCH 31, 1744 . . 121 Incloses declarations of war between Great Britain and France.
SHIRLEY TO GENERAL COURT OF MASSACHUSETTS, MAY 31,
1744 122
Defense of Annapolis Royal until arrival of British forces.
, SHIRLEY TO DUKE OF NEWCASTLE, JUNE 2, 1744 . . . 125 Has proclaimed the war between Great Britain and France.
SHIRLEY TO JOHN STODDARD, JUNE 2, 1744 127
Declaration of war against France. Proceedings on the frontier.
SHIRLEY TO JOHN STODDARD, JUNE 3, 1744 I28
Order for enlistment of troops for defense of western frontier.
SHIRLEY TO JOHN STODDARD AND OTHERS, JUNE 8, 1744 . 129 Commission as Massachusetts representatives at Albany.
SHIRLEY TO DUKE OF NEWCASTLE, JULY 7, 1744 • • • I3I Probable French attack on Annapolis Royal. Arrival of women and children from Canso. Letter from governor of Louisbourg.
CONTENTS
PAGE
SHIRLEY TO LORDS OF TRADE, JULY 25, 1744 .... 134
Security of Annapolis Royal. Exchange of prisoners with French. Proposals for neutrality of New Eng land and Cape Breton.
SHIRLEY TO LORDS OF TRADE, AUGUST 10, 1744 . . . 138 Measures taken for defense of Massachusetts. Treaty with Indians renewed. Bills of credit.
GREAT BRITAIN, CROWN, SEPTEMBER 6, 1744 142
Order in Council approving conduct of Shirley.
GREAT BRITAIN, CROWN, SEPTEMBER 9, 1744 144
Royal instructions to Shirley, allowing emission of over
£3000 in bills of credit for the war.
SHIRLEY TO DUKE OF NEWCASTLE, SEPTEMBER 22, 1744 145 Arrival of French ships at Louisbourg. Probable attack upon Annapolis Royal. Equipment of priva teers by Massachusetts.
SHIRLEY TO BENNING WENTWORTH, SEPTEMBER 24, 1744 149 Escape of two counterfeiters from Salem gaol.
SHIRLEY TO LORDS OF TRADE, OCTOBER 16, 1744 . . . 150 Vessels sent to Annapolis Royal. Relations with Cape Sable and St. John's Indians.
SHIRLEY TO BENNING WENTWORTH, NOVEMBER 10, 1744 I5I Importance of Louisbourg to America is to be shown in England.
SHIRLEY TO JONATHAN LAW, NOVEMBER 19, 1744 . . . 152 Outlook to be kept for English deserters from Castle William.
SHIRLEY TO DUKE OF NEWCASTLE, DECEMBER 7, 1744 . 153 Forwarding a pipe of wine.
SHIRLEY TO BENNING WENTWORTH, DECEMBER 20, 1744. 154 Massachusetts and New Hampshire to act together in any war.
DUKE OF NEWCASTLE TO SHIRLEY, JANUARY 3, 1744/5 • 1SS Directions as to proceedings against the French.
SHIRLEY TO DUKE OF NEWCASTLE, JANUARY 5, 1744/5 • 157 Arrival of provisions and clothing at Annapolis Royal. Fortifications to be erected on island off Castle William.
SHIRLEY TO GENERAL COURT OF MASSACHUSETTS, JANUARY
9> 1744/5 *59
Urges an attack upon Cape Breton.
viii
CONTENTS
PAGE
SHIRLEY TO DUKE OF NEWCASTLE, JANUARY 14, 1744/5 • *6i Advantages to the French of Cape Breton and Louis bourg. Reduction of the latter necessary for safety of Nova Scotia, Annapolis Royal, etc.
SHIRLEY TO JUSTICES OF THE PEACE AND OTHER OFFICERS,
JANUARY 14, 1744/5 J66
Instructions to assist Benning Wentworth in execution of office of Surveyor-General of the King's Woods.
SHIRLEY TO GENERAL COURT OF MASSACHUSETTS, JANUARY
19, 1744/5 167
Expedition against Louisbourg and Cape Breton.
SHIRLEY TO GENERAL COURT OF MASSACHUSETTS, JANUARY
23, 1744/5 167
Argues in favor of an attack upon Louisbourg.
MASSACHUSETTS GENERAL COURT, JANUARY 25, 1744/5 . 169 Resolutions in reply to Shirley's proposals for an attack upon Louisbourg.
SHIRLEY TO JONATHAN LAW, JANUARY 29, 1744/5 • • • I7I Proposals for an expedition against Louisbourg.
SHIRLEY TO WILLIAM GREENE, JANUARY 29, 1744/5 • • I72 Same.
SHIRLEY TO THE LORDS OF THE ADMIRALTY, JANUARY 29,
, 1744/5 173
Same.
SHIRLEY TO BENNING WENTWORTH, JANUARY 31, 1744/5 177 Same.
SHIRLEY TO BENNING WENTWORTH, FEBRUARY 2, 1744/5 178 Further emissions of paper money.
SHIRLEY TO BENNING WENTWORTH, FEBRUARY 3, 1744/5 17% Acknowledges aid promised for Louisbourg expedition.
SHIRLEY TO GEORGE THOMAS, FEBRUARY 4, 1744/5 • • 179 Aid furnished by New Hampshire and Rhode Island against Louisbourg. Need of naval assistance.
SHIRLEY TO RICHARD CUTT, JR., FEBRUARY 5, 1744/5 • l%1^ Instructions for enlistment of volunteers.
SHIRLEY TO SUPERVISORS OF ENLISTMENTS, FEBRUARY 13,
, 1744/5 l82'
Same.
SHIRLEY TO WILLIAM PEPPERRELL, FEBRUARY 13, 1744/5 l%3 Enlistment of soldiers in York County.
iz
CONTENTS
PAGE
WILLIAM PEPPERRELL TO SHIRLEY, JULY 4, 1745 . . . 232 Capitulation of Louisbourg. Departure of John Rous for England.
SHIRLEY TO WILLIAM PEPPERRELL, JULY 7, 1745 . . . 234 Approves terms of capitulation. Considers it necessary for Pepperrell to remain with the troops. Will come to Louisbourg later.
SHIRLEY TO WILLIAM PEPPERRELL, JULY 7, 1745 . . . 236 Instructs Pepperrell not to agree to Warren's desire to command on land. Further reinforcements are raised for expedition.
SHIRLEY TO WILLIAM PEPPERRELL, JULY 9, 1745 . . . 238 Designates the Ccesar for the Rhode Island seamen.
SHIRLEY TO LORDS OF TRADE, JULY 10, 1745 .... 239 An account of the reduction of Louisbourg.
SHIRLEY TO PENOBSCOT AND NORRIDGEWALK INDIANS, JULY
12, 1745 247
Duplicity of the French. Confidence to be placed in the English.
JOSIAH WlLLARD TO JONATHAN LAW, JULY 12, 1745 • • 248
Convoy ready for Louisbourg. Indian outbreak in New Hampshire.
SHIRLEY TO WILLIAM PEPPERRELL, JULY 16, 1745 . . . 249 Plans to come to Louisbourg in the Hector. Hopes Pepperrell will not leave the service at present.
WILLIAM PEPPERRELL TO SHIRLEY, JULY 17, 1745 • • • 250 Agreement with Warren. Condition of Colonial troops. Awaits with impatience the coming of Shirley.
SHIRLEY TO DUKE OF NEWCASTLE, JULY 21, 1745 . . . 251 Repairs upon fortifications at Louisbourg and expenses of maintaining a garrison at that point.
SHIRLEY TO JABEZ BRADBURY, JULY 22, 1745 • • • • 253 Relating to the Penobscot Indians and hostilities on the St. George's River.
SHIRLEY TO DUKE OF NEWCASTLE, JULY 27, 1745 . . . 254 Cares of government have affected his health and for tune.
SHIRLEY TO WILLIAM PEPPERRELL, JULY 29, 1745 . . . 256 Is about to sail for Louisbourg. Supplies will be for warded. Pride in behavior of Massachusetts troops.
CONTENTS
PAGE
JABEZ BRADBURY TO SHIRLEY, JULY 29, 1745 .... 261
Outbreak among the Penobscot Indians. [Need for
assistance.
WILLIAM PEPPERRELL TO SHIRLEY, AUGUST 6, 1745 . . 262 French and Colonial forces in Canada. Inadequacy of
supplies. Dissatisfaction among the troops. SHIRLEY TO BENNING WENTWORTH, SEPTEMBER 2, 1745 . 264 Conditions among provincial forces. Probable effort of French to retake Louisbourg necessitates large gar rison.
SHIRLEY TO DUKE OF NEWCASTLE, SEPTEMBER 27, 1745 . 265 Appreciates royal approval of capture of Louisbourg. Fortress to be put in state of defense. Warren for governor of city.
SHIRLEY TO WILLIAM PEPPERRELL, OCTOBER 2, 1745 . . 271 Continuance of soldiers of Louisbourg expedition in the royal service.
SHIRLEY TO WILLIAM PEPPERRELL, OCTOBER 7, 1745 • • 272 Requests appointment of Christopher Kilby as agent of regiment formed from Pepperrell's troops.
SHIRLEY TO DUKE OF NEWCASTLE, OCTOBER 28, 1745 . 273 Official account of the Louisbourg expedition.
SHIRLEY TO DUKE OF NEWCASTLE, OCTOBER 29, 1745 . 280 On his return to New England recommends a garrison of four thousand for Louisbourg. Sale of European commodities should be increased.
SHIRLEY TO DUKE OF NEWCASTLE, NOVEMBER 6, 1745 . 287 Valuable services of officers in Louisbourg expedition.
SHIRLEY TO LORDS OF TRADE, NOVEMBER 16, 1745 . . 291 Proposals for maintaining control of Louisbourg and Canada.
SHIRLEY TO DUKE OF NEWCASTLE, NOVEMBER 20, 1745 . 291 Request for coal land in Cape Breton.
SHIRLEY TO WILLIAM PEPPERRELL, NOVEMBER 22, 1745 . 292 Proposes the dismissal of Edward Eveleth.
SHIRLEY TO DUKE OF NEWCASTLE, DECEMBER 14, 1745 . 293
Conditions at Louisbourg. Two American regiments to be organized on English establishment. Importance of French post at Crown Point.
SHIRLEY TO BENNING WENTWORTH, DECEMBER 17, 1745 300 Abundant Colonial business to occupy the winter.
CONTENTS
PAGE
SHIRLEY TO BENNING WENTWORTH, DECEMBER 31, 1745 301
Action upon appropriation bills as presented. SHIRLEY TO BENNING WENTWORTH, JANUARY 20, 1745/6 302 Information from Governor Clinton regarding an attack
upon Crown Point. WILLIAM PEPPERRELL AND PETER WARREN TO SHIRLEY,
JANUARY 28, 1745/6 303
Weakness of garrison at Louisbourg through sickness.
Need of additional forces and renewal of provisions. SHIRLEY TO BENNING WENTWORTH, JANUARY 30, 1745/6 306
Enlarged powers for New Hampshire officials. SHIRLEY TO BENNING WENTWORTH, FEBRUARY 9, 1745/6 307 Requests permission to recruit his regiment in New
Hampshire.
WILLIAM PEPPERRELL TO SHIRLEY, FEBRUARY 20, 1745/6 308 Arrangements for recruiting two regiments on the Eng lish establishment.
SHIRLEY TO WILLIAM PEPPERRELL, MARCH I, 1745/6 . . 310 Conditions at Louisbourg. Arrangements for relief of
garrison.
WILLIAM PEPPERRELL TO SHIRLEY, MARCH 20, 1745/6 . 312 Arrival of troops from Great Britain. Progress in en listment of Colonial regiments.
SHIRLEY TO WILLIAM PEPPERRELL, APRIL I, 1746 . . . 313 Advises Pepperrell to keep informed regarding regi mental recruiting.
WILLIAM PEPPERRELL TO SHIRLEY, APRIL 6, 1746 . . . 314 Transportation of troops. Dissatisfaction of officers at
Louisbourg. SHIRLEY TO BENNING WENTWORTH, APRIL 23, 1746 . .316
Enlistment of volunteers in New Hampshire. WILLIAM PEPPERRELL AND PETER WARREN TO SHIRLEY,
MAY 6, 1746 317
Not prudent to weaken garrison at Louisbourg. Will
send troops home only as replaced by volunteers. SHIRLEY TO BENNING WENTWORTH, MAY 27, 1746 . . . 318 Appointment of commissioners to meet others from
New York.
SHIRLEY TO BENNING WENTWORTH, MAY 31, 1746. . . 319 Comments upon letter from Duke of Newcastle.
SHIRLEY, PROCLAMATION, JUNE 2, 1746 323
Enlistments for expedition against Canada.
CONTENTS
PAGE
SHIRLEY TO BENNING WENTWORTH, JUNE 6, 1746 . . . 324 Congratulations on success with New Hampshire assem bly.
SHIRLEY TO BENNING WENTWORTH, JUNE 8, 1746 . . . 326 Selection of officers for provincial troops.
SHIRLEY TO DUKE OF NEWCASTLE, JUNE 18, 1746 . . . 327 Thanks the Duke for recommending him to command. Suggestions as to policy to be followed in Acadie.
SHIRLEY AND PETER WARREN TO WILLIAM GREENE, JULY 4,
1746 . • 329
Expedition against Canada.
SHIRLEY TO DUKE OF NEWCASTLE, JULY 7, 1746 . . . 332 Importance of Quebec in a conquest of Canada.
SHIRLEY TO DUKE OF NEWCASTLE, JULY 28, 1746 . . . 334 Necessity of British naval control of mouth of St. Law rence.
SHIRLEY TO BENNING WENTWORTH, JULY 29, 1746 . . . 335 Provision for troops prior to their embarkation.
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 15, 1746 . . 336 Best method of securing loyalty of Nova Scotia.
PAUL MASCARENE TO SHIRLEY, AUGUST 20, 1746 . . . 337 French movements in eastern Canada.
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 24, 1746 . . 339 Advises against the abandonment of Cape Breton. Great annoyance caused by French at Crown Point. SHIRLEY AND PETER WARREN TO BENNING WENTWORTH,
AUGUST 25, 1746 342
Campaign against Canada, with emphasis on movements
against fortresses on lakes George and Champlain. SHIRLEY TO GENERAL COURT OF MASSACHUSETTS, SEP TEMBER 9, 1746 346
Dangers in Nova Scotia and from fortress at Crown
Point. MASSACHUSETTS GENERAL COURT TO SHIRLEY, SEPTEMBER
10, 1746 . . . . 350
Diversion of provincial forces from Nova Scotia to
Crown Point. SHIRLEY AND PETER WARREN TO BENNING WENTWORTH,
SEPTEMBER 12, 1746 351
Most advantageous employment of New Hampshire forces.
CONTENTS
PAGE
SHIRLEY TO PAUL MASCARENE, SEPTEMBER 16, 1746 . .354 Loyal French need not fear transportation.
SHIRLEY TO BENNING WENTWORTH, SEPTEMBER 20, 1746 355 Danger from French fleet.
SHIRLEY AND PETER WARREN TO BENNING WENTWORTH,
SEPTEMBER 23, 1746 356
Grant of men by New Hampshire for defense.
SHIRLEY TO BENNING WENTWORTH, SEPTEMBER 29, 1746 357 Warning to Admiral Lestock of danger from the French.
SHIRLEY AND PETER WARREN TO WILLIAM GREENE, OCTO BER 14, 1746 358
Urge Rhode Island to send reinforcements to Nova
Scotia.
SHIRLEY AND PETER WARREN TO WILLIAM GREENE, OCTO BER 23, 1746 359
Conditions in Nova Scotia. Commission for Edward Kinnicut.
^SHIRLEY TO BENNING WENTWORTH, OCTOBER 25, 1746 . 361 Forwards examinations of various seamen as to dangers from foreign war vessels.
SHIRLEY TO WILLIAM GREENE, OCTOBER 27, 1746 . . . 364 Reinforcements for Annapolis Royal.
SHIRLEY TO BENNING WENTWORTH, OCTOBER 28, 1746 . 365 Reinforcements sent to Annapolis Royal.
SHIRLEY TO WILLIAM GREENE, NOVEMBER 4, 1746 . . . 366 Movements of French. Need for Rhode Island troops.
SHIRLEY TO BENNING WENTWORTH, NOVEMBER n, 1746 367 Plans for campaign in Nova Scotia.
SHIRLEY TO BENNING WENTWORTH, NOVEMBER 12, 1746 . 368 Plans for expedition against Crown Point.
SHIRLEY TO JOHN STODDARD, NOVEMBER 13, 1746 . . . 370 Dismissal of troops gathered for invasion of Canada.
SHIRLEY TO PAUL MASCARENE, DECEMBER 19, 1746 . . 370 Relative to removal of French from Nova Scotia,
SHIRLEY TO BENNING WENTWORTH, DECEMBER 22, 1746 . 373 Disposition of New Hampshire forces.
BENJAMIN SEALLY AND WILLIAM FURNESS, DECEMBER 31,
/ 1746 373
Deposition regarding encounter with French fleet. French plans against Annapolis.
xvi
CONTENTS
PAGE
SHIRLEY TO PETER WARREN, JANUARY 2, 1746/7 . . . 376 Reimbursement from England for expenses of Louis- bourg campaign.
SHIRLEY TO WILLIAM GREENE, JANUARY 5, 1746/7 . . 377 Boundary disputes between Rhode Island and Massa chusetts.
SHIRLEY TO WILLIAM GREENE, FEBRUARY 7, 1746/7 . . 378 Alliance with Indians in New York dependent upon prompt action.
SHIRLEY TO WILLIAM GREENE, FEBRUARY 9, 1746/7 . . 379 Aid in Nova Scotia will enable Massachusetts to meet the situation in New York.
WILLIAM GREENE TO SHIRLEY, FEBRUARY 20, 1746/7 . . 381 Assembly declines to send troops to Crown Point or Annapolis.
JOSIAH WlLLARD TO WlLLIAM GREENE, MARCH 5, 1746/7 382
Grant by Parliament for expenses of Cape Breton expedition.
SHIRLEY TO JOHN STODDARD, APRIL 10, 1747 383
Defenses for Massachusetts frontiers.
SHIRLEY TO GIDEON WANTON, MAY 18, 1747 . . . . 384 Six Nations ready to act against French if rewarded.
Hopes Rhode Island can do something.
DUKE OF NEWCASTLE TO SHIRLEY, MAY 30, 1747 . . . 386 Instructions as to completion of regiments of Shirley and Pepperrell. Treatment to be accorded Nova Scotia. SHIRLEY TO SELECTMEN OF BOSTON, JUNE 23, 1747 . . 389
Need of wood. Wishes convoy for eastern vessels. SHIRLEY TO GIDEON WANTON, JUNE 29, 1747 .... 390
Provincial Congress at Albany in September. SHIRLEY TO GEORGE CLINTON, JULY 24, 1747 .... 392
Danger of Six Nations going over to the French. SHIRLEY TO GEORGE CLINTON, AUGUST 15, 1747 . . . 393 Importance of expedition against Nova Scotia. Re grets attitude of William Johnson toward John H. Lydius. SHIRLEY TO GIDEON WANTON, AUGUST 20, 1747 . . . 394
Arrangements for exchange of prisoners with Canada. SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 24, 1747 . . 395 French views regarding Nova Scotia.
CONTENTS
SHIRLEY TO DUKE OF NEWCASTLE, AUGUST 31, 1747 . . 397 Forwards packet by his son, for whom he requests military experience in Flanders.
SHIRLEY TO GEORGE CLINTON, AUGUST 31, 1747 . . . 398 Regarding an alliance with Six Nations.
SHIRLEY TO GEORGE CLINTON, SEPTEMBER 14, 1747 . . 399 Financial assistance from the Crown for an Indian alliance.
DUKE OF NEWCASTLE TO SHIRLEY, OCTOBER 3, 1747 . . 401 Security of Nova Scotia. Importance of Crown Point.
SHIRLEY TO DUKE OF NEWCASTLE, OCTOBER 20, 1747. . 404 The French in Nova Scotia.
SHIRLEY TO JOSIAH WILLARD, NOVEMBER 19, 1747 . . . 406 Insults of mob at Boston. Letter from Governor Knowles.
SHIRLEY, PROCLAMATION, NOVEMBER 21, 1747 .... 410 Apprehension of rioters in insurrection.
SHIRLEY TO LORDS OF TRADE, DECEMBER I, 1747 . . . 412 Riot in Boston regarding impressment.
SHIRLEY TO GIDEON WANTON, DECEMBER 28, 1747 . . 419 Meeting of commissioners at Middletown.
SHIRLEY TO DUKE OF NEWCASTLE, DECEMBER 31, 1747 . 420 General Court wishes to be relieved from impressing seamen for service on warships.
WILLIAM SHIRLEY, JR., TO DUKE OF NEWCASTLE, JANU ARY 14, 1747/8 424
Presents request of his father that John Shirley be given military experience in Flanders.
GEORGE CLINTON TO SHIRLEY, FEBRUARY 17, 1747/8 . . 425 Will endeavor to keep Indians loyal to Crown. Ex pects liberal grants from provincial assembly.
SHIRLEY TO GEORGE CLINTON, MARCH 2, 1747/8 . / . 426 Importance of expedition against Crown Point.
^HIRLEY TO GEORGE CLINTON, MARCH 22, 1747/8 . . . 427 Participation of Pennsylvania and New Jersey in cam paign against Crown Point.
x SHIRLEY TO Six NATIONS, JULY 23-27, 1748 429
Negotiations at conference at Albany.
SHIRLEY TO MARQUIS LA GALISSONIERE, JULY 29, 1748 . 437 V Position of Six Nations. Exchange of prisoners.
CONTENTS
SHIRLEY TO GEORGE CLINTON, AUGUST 13, 1748 . . . 441 Political conditions in Massachusetts and New York.
SHIRLEY AND CLINTON TO LORDS OF TRADE, AUGUST 18,
1748 449
Military and Indian affairs.
SHIRLEY TO DUKE OF BEDFORD, OCTOBER 24, 1748 . . 456 Participation of the several colonies in Canadian expe dition.
SHIRLEY TO DUKE OF NEWCASTLE, OCTOBER 28, 1748 . 457 Defense of writer's conduct in Canadian campaign.
SHIRLEY TO DUKE OF BEDFORD, JANUARY 10, 1748/9 . . 460 Payment of troops in the several colonies.
SHIRLEY TO DUKE OF BEDFORD, JANUARY 31, 1748/9. . 462 Paper currency in Massachusetts and New England.
SHIRLEY TO JAMES HAMILTON, FEBRUARY 20, 1748/9 . . 468 Preparations of French to resist English advance.
SHIRLEY TO DUKE OF BEDFORD, FEBRUARY 27, 1748/9 . 470 Submits general heads of a charter government for Nova Scotia.
SHIRLEY, PLAN FOR CIVIL GOVERNMENT OF NOVA SCOTIA. 472 SHIRLEY TO DUKE OF BEDFORD, APRIL 24, 1749 . . . 478 French plan to settle about Crown Point. Importance of Nova Scotia. Message of Massachusetts Assembly.
SHIRLEY TO MARQUIS LA GALISSONIERE, MAY 9, 1749 . 481
Status of the Abenaqui Indians. SHIRLEY TO DUKE OF BEDFORD, MAY 10, 1749 .... 485
Relations with the French in Canada and Nova Scotia.
GEORGE CLINTON TO SHIRLEY, MAY 19, 1749 .... 487 Canadian Indians being stirred up against the English. Need of diligence on part of latter.
SHIRLEY TO DUKE OF BEDFORD, JUNE 18, 1749 .... 488
Conditions in Nova Scotia.
SHIRLEY TO SPENCER PHIPS, SEPTEMBER n, 1749 • • • 4^9 Redemption of paper money in Massachusetts. Direc tions for administration of the government.
JOSIAH WlLLARD TO SHIRLEY, DECEMBER II~I9, 1749 • 492
Financial and political conditions in Massachusetts.
SHIRLEY TO DUKE OF NEWCASTLE, JANUARY 23, 1749/50 493 Vindication of writer's administration of Massachu setts. Pleasant relations with the people.
xix
CONTENTS
PAGE
SHIRLEY TO JOSIAH WILLARD, FEBRUARY 13, 1749/50 . . 498 Cessation of paper currency in Massachusetts.
SHIRLEY TO DUKE OF NEWCASTLE, MARCH 28, 1750 . . 499 Hopes to receive favors equal to those shown Cornwallis.
SHIRLEY TO DUKE OF NEWCASTLE, APRIL 10, 1750 . . 505 Services rendered to Crown in America.
WILLARD TO SPENCER PHIPS, APRIL, 1750 . . . 506 Money received from Crown is to establish new system of currency. Release of captives in Canada.
SHIRLEY TO DUKE OF NEWCASTLE, SEPTEMBER 7, 1750 . 508 Asks appointment as Governor of New York.
ILLUSTRATIONS
PORTRAIT OF WILLIAM SHIRLEY Frontispiece
A PLAN OF THE SIEGE OF LOUISBOURG, 1745 . facing page 218 AN AUTOGRAPH LETTER OF WILLIAM SHIRLEY facing page 410
INTRODUCTION
WILLIAM SHIRLEY was one of the few popular English governors in America during the Colonial period. Born in Sussex County, England, on December 2, 1694, he was de scended from an old and distinguished English family. The son of a London merchant, he was for a considerable time identified with that center of the English world as a law yer, and there acquired a good knowledge of the intrigues which characterized the Court of George II and the methods employed to secure results in the government of Great Britain. Coming to America in 1731, he, ten years later, be came a governor of Massachusetts, approved by the people of that colony and trusted by his official superiors at Lon don. The words used by Mrs. Shirley in her letter to the Duke of Newcastle, March 2, 1737, when seeking office for her husband, contained much truth : " From his own capacity and the general esteem the people have for him, he may be of great service to the Crown, and I am sure will employ his utmost ability and industry in return for any favors bestowed on him, and I may venture to say the King wants such men in America."
Shirley's experience in America during the ten years preceding his appointment as governor was a good prepara tion for his duties as chief executive of the colony, and con tributed much to the efficiency shown by him in that posi tion. As Surveyor of the King's Woods he learned the value of the forests of New England, and particularly of the tall pines reserved for use as masts in the royal navy; and the knowledge of the geography and resources of north eastern America gained when in this office served him in good stead in the defense of the country during his fifteen years of warfare against the French and Indians in his double position as governor of Massachusetts and Military Com-
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mander in America. In 1733 Shirley was offered the post of Judge of Admiralty by Governor Belcher. Writing to the Duke of Newcastle on July I of that year, he declared that the position tendered him was dependent upon the good will of the Provincial Assembly, and that for this reason he could not, as judge, adequately defend the rights of the Crown in America ; he felt himself therefore bound to de cline the honor extended him. In 1734 he became "the King's only Advocate-general in America" (i.e. all of New England except Connecticut), and on January 2, 1737-8, he applied to Newcastle for the post of Naval Officer for Massachusetts, a position which Governor Belcher's son- in-law was seeking at the hands of Sir Robert Walpole ; but he was unsuccessful in this application.
While thus acquiring a reputation as a loyal champion of the King's interests and avoiding so far as possible any open break with Belcher, Shirley gained popularity with the. people of Massachusetts and was chosen by the Assembly to serve on the commission to determine the boundary line between that colony and Rhode Island. Meanwhile the boundary dispute between Massachusetts and New Hampshire had become intense. Into the merits of this dispute or the arguments of the disputants it is unneces sary to enter, but the results of. the contest were important in determining Shirley's future. Governor Belcher retired from his post as head of the two colonies, and a little later was appointed chief executive of New Jersey. Newcastle, who appears to have promised the collectorship of the port of Boston to Mrs. Shirley for her husband, and despite that pledge had then given the position to Charles Henry Frank- land, found in Belcher's retirement an opportunity of redeem ing his promise to do something for Shirley. He could at the same time solve a colonial difficulty and reward an efficient officer, who had been selected by his constituency to serve in the settlement of a similar dispute with a sister colony and was familiar with its merits. Separating the government of New Hampshire from that of Massachusetts, Newcastle offered to Shirley the post of chief executive of
INTRODUCTION
the latter colony, and this offer was promptly accepted. Shirley entered at once upon his new duties, his appointment being made on May 16, and the draft of his commission bear ing date of June 25, 1741. His period of service as gov ernor extended to 1756, and during the year following Brad- dock's defeat and death in 1755 he was Commander in Chief of the British forces in America.
Thus far no adequate biography of Governor Shirley has been published. Mr. J. A. Doyle has given a gen eral outline of his life and work in the Dictionary of Na tional Biography, but this is merely a sketch. Bancroft, Parkman, and other American writers have reviewed the period of his governorship, but so long as the Shirley correspondence remained in large part unpublished, suffi cient basis for a true estimate of his character was lacking. The friendship of the New England governor with the royalist Hutchinson seems to have prejudiced some of Amer ica's early historians, but writers of a later period have been more impartial in their estimates. As the feeling between the mother country and her American daughter has become more friendly, the harsh judgment which American writers were only too willing to pass upon British appointments in the colonies has given place to more just appreciations. It remains true that Shirley was an office seeker, but who among his contemporaries was not ? Official favor, due in part at least to his wife's influence with Newcastle, gave him his position as governor of Massachusetts ; but had the Colonies and the Crown been as well served by other in termediaries as by William Shirley their relations would have been much more cordial than those generally exist ing during the eighteenth century. Shirley's abilities may have been disproportionate to his ambitions, but in many respects the Massachusetts governor was in advance of his time. He saw distinctly the real issue between Great Britain and France in America, and repeatedly presented the ques tion to his superiors at London, urging adequate support for Colonial effort. He discovered in the common weal the true basis of Colonial loyalty and sought to promote that
INTRODUCTION
end. Nor did he insist that all the credit for success should be his own. As he wrote Governor Wentworth of New Hampshire, when in March, 1755, he was urging the appoint ment of Sir William Johnson to command the expedition against Crown Point: "Provided his Majesty's service in so essential a point as the present one is consulted, I care not who takes the lead in any punctilios attending it."
William Shirley's work in America was confined to no single line. Succeeding Jonathan Belcher as governor of Massa chusetts in May, 1741, he carried through many civic reforms in that province for which his predecessor had labored. Perhaps the greatest of these was the establishment of a sound currency system. At Shirley's accession the rela tive values of silver and paper were as four to one. Land banks and other devices of the time were the suggested forms of relief, but Shirley considered none of them an ade quate solution of the problem. Taking advantage of a successful war, he secured compensation from Great Britain for the expense of Massachusetts in the northern campaigns, and by reserving for the redemption of Colonial paper the coin received, he succeeded in fixing the colonial currency on a specie basis, giving Massachusetts the name of "the hard money Colony," a name she bore until the Revolution.
In the field of military effort Shirley's achievements were no less admired. If not a great general he was no mean strategist, and he knew how to work with provincials. As both Great Britain and France were careless of the wel fare of their American Colonies, much depended upon the latter's capacity to care for themselves. Shirley realized this fact and sought to make united action follow union of interests. No such aid came to him as his efforts deserved or as Pitt supplied to his successors, but the New England governor accomplished much. Reconciling Admiral Sir Peter Warren and Sir William Pepperrell, and arousing enthusiasm throughout New England, Shirley gave the mother country her one great victory in King George's "war by the capture of Louisbourg. Of this expedition Doyle writes in his sketch of Shirley: "Probably every
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prudent strategist would have deemed the scheme foolhardy." In the somewhat similar case of the attack upon Quebec by Wolfe fourteen years later, Parkman, in his " Conspiracy of Pontiac," states that the problem how to invest the city or even bring the army of Montcalm to action "might have perplexed a Hannibal " ; but in each of these campaigns, as so frequently in military activities, fortune favored the attacking party. With Shirley, as with Wolfe, the bolder course led to victory, and success justified the venture. The New England governor's letter of November 6 to Newcastle shows his willingness to share the credit of his victory with his associates and subordinates in command, thus securing their continued loyalty. In the words of the author of the'" anonymous Lettre (Tun Habitant de Louisbourg the capture of the fortress " was an enterprise less of the English nation and its King than of the inhabitants of New England alone." | Gratified by Shirley's success in Cape Breton, the Ministry accepted his plans for the further conquest of Canada in 1746-1747, and America responded to the request of the Massachusetts governor with over 8000 provincial troops drawn mainly from the northern colonies. Another ener getic and profitable campaign seemed assured, and had good fortune added the cooperation of the English navy as she had in the movement against Louisbourg, Shirley might have obtained a still higher military reputation. British regulars were to cooperate with the American forces, but this portion of the plan miscarried, partly because of bad weather detaining the English fleet, and partly because of the blunders of the London government, and as a result nothing of importance was accomplished against the French in America during the remainder of the war. The corre spondence of the period is worthy of publication, however, if for no other reason than to show the extent to which Amer ica's loyalty and enthusiasm had been aroused by the success ful leadership of Pepperrell, Wolcott, and Shirley in the Louisbourg campaign. Another consequence of the Louis bourg victory was to bring forward Shirley's opinion on a question of State policy which has since then caused almost
INTRODUCTION
ceaseless discussion. How shall the treatment of Acadia by Great Britain be regarded ? The question has been an swered by poets, novelists, and historians, and has been answered in widely differing ways. The problem of the treatment of a hostile population in conquered territory is not an easy one to solve. The defense of the country was left to Shirley by the British Ministry, and it was upon Shirley that Lieutenant Governor Mascarene of Annapolis called when the English possessions seemed in danger. Shirley was the most pronounced defender of British and Colonial rights in America up to the time of Pitt and Wolfe. From the best information obtainable he believed the native population of Acadia hostile to the English. In October, 1745, he wrote to Newcastle that "all the people beside all the Indians" would join the French troops if France should invade the peninsula. The French governor of Canada shared this opinion and wrote his superiors at Paris to the same effect. In June, 1746, Shirley favored the removal of "the most obnoxious of the French inhabitants of Nova Scotia," but he did not believe in the indiscriminate removal of the natives, preferring rather to have a new population from Ulster and Hanover placed among the old, thus decreasing if not entirely overcoming the danger of insurrection. As he wrote Newcastle on November 21, 1746, his plan was that of "treating the Acadians as subjects, confining their punish ment to the most guilty and dangerous among 'em, and keep ing the rest in the country and endeavoring to make them useful members of society under his Majesty's Government." Again on July 8, 1747, speaking of Nova Scotia, Shirley ad vised that the French population of but one district be trans planted into New England. He adds: "If the 2000 New England men were to share among 'em that district upon condition of their settling there with their families in such a defensible manner as they should be directed to do ... the inhabitants of the two other districts would be constantly held to their good behavior, and by intermarriages and the spreading of the English settlement the whole province might become English Protestants." The same arguments
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are advanced by Shirley in his letter of May 8, 1754, to Sir Thomas Robinson, but they received no more attention than nine years earlier. Had the proposals of the Mas sachusetts governor been vigorously carried out by New castle, the adherence of Acadia might have been secured in 1746, the question would have been settled, and the removal of her inhabitants in 1755 avoided.
In 1749 Shirley obtained leave of absence from America, and in the following year was sent to Paris to assist in nego tiating with France a settlement of the Canadian boundary, but the negotiations were indecisive. The memorials of the French and English Commissioners "concerning the limits of Nova Scotia or Acadia," the latter signed by Shir ley and his colleague, are in the Public Record Office at London, but as they are of little interest in connection with Shirley's work in America, they have not been used in these volumes. The English memorial is dated at Paris, January n, 1751, and with the French case makes a large printed book. When in Paris, Shirley privately married the daughter of his landlord as his second wife, but this marriage impaired neither his hostility to the French, nor his loyalty to Colony and Crown. On his return to Boston in 1753 he again urged the prime minister to activity in support of Colonial effort against French hostility, and made a good beginning for an offensive campaign by conciliating the Indians and erecting fortifications along the Maine border. Meanwhile the wrangling of Newcastle and Bedford, and the mistake of Fox in angering the Duke of Cumberland, prevented singleness of purpose at London and effective action in uniting the American Colonies "by a well-con certed scheme . . . for their mutual defense " as proposed - by the New England governor in January, 1754.^ The French and Indian War followed, with the American Colonies divided in interests and jealous of each other's success.
Shirley's work in America during the period of his mili tary command, 1755-1756, compared favorably with any thing done in the British War Office. Five months before the English declaration of war he had a well-planned scheme
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for an offensive campaign prepared, with Crown Point, Niagara, and Fort Duquesne as its objective points ; but lack of support compelled its abandonment and increased the difficulties under which he labored. If there grew up a suspicion that he had been given more to do than his military experience warranted, the lack of confidence in the outcome of the war felt by Pitt in England or Sir William Johnson in America was not assuaged by Shirley's dismis sal in 1756. Newcastle distrusted all his political lieuten ants and the Colonial governments distrusted each other. America's experience with Braddock had not increased her confidence in British commanders, and difficulties as to the comparative rank of British and Colonial officers at once arose. The inefficiency of Webb and Abercromby, Shir ley's successors, each hampered by the knowledge that his command was provisional, held preparations for the war in suspense when efficiency was essential and delay ruinous. The Earl of Loudoun, succeeding to the chief command on May 20, 1756, was little better than his immediate prede cessors. Shirley had not hesitated in time of action. His energy had led him to take the initiative against Louisbourg in 1745, and he had continued the mainstay of British authority in America since that date. In Franklin's opin ion Shirley would, if continued in power, have made a campaign much superior to that of Loudoun. As to the latter's capacity in the field, Shelbourne was not far astray when he characterized him as a pen-and-ink man whose greatest energies were put forth in getting ready to begin. The estimation in which Loudoun was held by Pitt is made clear by a study of the latter's correspondence with the Colonial governors and military commanders in America, and that statesman recalled him in December, 1757, so soon
fas political conditions would allow. Regarding the capac ity of Shirley, Franklin continues in his Autobiography : "Though not bred a soldier, he was sensible and sagacious in himself, attentive to good advice from others, capable of forming judicious plans and quick and active in carry ing them into execution."
INTRODUCTION
Under conditions such as have been pictured, the imme diate effects of a change of commanders upon British pros pects in America is self-evident. The progress of the war was not aided by the official declaration that no provincial officer should rank above a captain of regulars, this being the effect of a Royal order of May 12, 1756, ranking all gen eral and field officers holding provincial commissions as captains when serving with regular troops. General in dignation was aroused in America, and in certain cases the provincials declined to serve with the regulars. No such affront had been offered Pepperrell's Colonial troops during the Louisbourg campaign of 1745, and Shirley would have had no desire to anger such able lieutenants as Bradstreet, Lyman, and Winslow in the campaign of 1756, when their aid was most needed. Although treated with scant courtesy by the new commander, and charged indeed with foment ing the Colonial dissatisfaction, Shirley at this time did his best to smooth out the difficulties between Loudoun and the New England officers, and wrote strong letters to Winslow to promote harmony. Loudoun's reply to these efforts was to urge Shirley's immediate return to England, and to insist that the charges against the late commander be laid before the Massachusetts Assembly. The letters of Shirley to the English government present his defense against the charges of Loudoun so adequately that there is no need to enlarge upon the subject in this place.
As has been said, Governor Shirley knew how to work with the provincial leaders. He had little of the blustering ar rogance which Parkman finds in Braddock and Amherst. It was not merely his position as governor of the most popu lous New England colony that gave Shirley his influence with Governor Wentworth of New Hampshire, Governor Law of Connecticut, or Governor Greene of Rhode Island. He sought their assistance when it was needed and showed appreciation of their aid when given. Although Shirley's relations with New York were less pleasant, the blame for this cannot be laid wholly on the shoulders of the Massa chusetts governor, and his correspondence with Governors
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Morris, Sharpe, and Dinwiddie was most friendly. Shir ley's wisdom appears when he turns for counsel to that leader among Americans, Benjamin Franklin, at a time when that statesman's ability was unrecognized in his own province of Pennsylvania. Agreeing with Franklin that the colonists must work together if they were to work effi ciently, Shirley allowed no controversy over boundaries to interfere with united Colonial action when the latter was necessary, yet he abandoned no claim to territory when he considered the rights of Massachusetts or of the Crown endangered. In the formulation of a policy against the French in America, Shirley's work was creation not imita tion. It was pioneer work done in the face of difficulties and doubts which his successors were not compelled to meet. The New England governor received meager support from London ; his plans had to be adjusted to limited means, yet he accomplished much for British supremacy in the new world. It is upon his honesty of purpose, his prescience of the future of America, and his loyalty to Crown and Colony that William Shirley's claim to distinction rests, and upon them it rests securely. Dismissal from office did not destroy his loyalty to the King or his love for Massa chusetts. He made no effort to embarrass either Spencer Phips or Thomas Pownall, who followed him as governors at Boston, and did much, before returning to Great Britain, to aid the Earl of Loudoun, his ultimate successor in mili tary command in America. In his letter of September 13, 1756, to the several provincial governors, he urges "that it will certainly be right to strengthen Lord Loudoun as much as possible." After reaching England, Shirley was vindicated from the unwarranted charges made against him, and on January 30, 1759, he was appointed a lieuten ant general in the army. Through the Duke of New castle he obtained also the post of Governor of the Baha mas, to which he was appointed on July 24, 1761, a poor reward for his service in Massachusetts, but affording an occu pation preferable to idleness. In 1769 Shirley succeeded in turning this post over to his son, and in 1770 he returned to
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New England and settled at Roxbury, Massachusetts, where he died on March twenty-fourth of the next year, in the colony whose prosperity he had done so much to advance, and in whose welfare he had been so deeply interested.
The abundance of Shirley material available to the com piler has made it impossible to print in full even that part of the correspondence consisting of letters from the Massa chusetts governor. Shirley Manuscripts, already published and easily accessible, have, with the exception of those necessary to give an impartial presentation of their author, been confined to notes ; many have been omitted or barely mentioned. A large amount of material thus far unpub lished has been treated in the same manner. Many let ters addressed to the governor or executive officials of other colonies have been omitted, as their publication comes more properly within the field of state records or correspon dence of other individuals prominent in their respective colonies.
The correspondence here printed aims to give a clear view of William Shirley as Governor of Massachusetts and Mili tary Commander in America. In the accomplishment of this purpose some three hundred and forty letters and other manuscripts from Shirley are printed in the body of the text, and over fifty additional papers are printed or referred to in the accompanying footnotes. Many letters other than those from Shirley have been included in the main text, making a total of over four hundred and fifty manuscripts here printed. Among these are a few from his wife, whose influence with the Duke of Newcastle did so much toward securing for the governor his position at the head of the Massachusetts Bay Colony. Frances Shirley was a woman of no mean powers, and her family position gave her access to the Duke of Newcastle. A believer in her husband's ability, she impressed that belief upon the prime minister, and secured an opportunity for Shirley such as otherwise he could hardly have hoped to obtain. No more could the assistance given Shirley by Sir William Pepperrell nor the relations existing between the Massachusetts governor
INTRODUCTION
and men like Sir William Johnson, Benjamin Franklin, and the Earl of Loudoun be disregarded. To furnish a true setting for the Shirley correspondence, certain letters of those national characters have been published, but lack of space has limited their number, as it has the letters from the Duke of Newcastle and other government officials at London.
With letters from prominent men have been included some from writers less distinguished. A noteworthy writer does not necessarily mean a letter of surpassing interest, and a man of less reputation may write an extremely illumi nating account of events occurring under his immediate observation. Shirley autographs are of most weight, but occasionally it happens that what a man writes is of less importance than the replies which his letters call forth from their recipients. The subordinate can state his honest convictions to his chief and give a true account of existing difficulties when called upon by his superior officer. The leader is kept silent frequently by his sense of responsi bility for each word or opinion given or by fear of alienat ing support. From this point of view we realize the impor tance of letters from Shirley's military subordinates, such as Williams and Pepperrell, Hale and Bradstreet, and from Colonial governors, such as Wentworth, Sharpe, and Morris. An added significance for the same reason is at tached to Shirley's letters to Robinson, Fox, and their fellow officials at London. Together with the instructions and other communications received from the Home Government, these letters form the body of the correspondence here printed. About them gather the more local letters and an effort has been made to keep the local subordinate to the national. In some instances portions of long letters have been omitted, but in case of such as have been hitherto un published this has been very rarely done, and in every case it has been indicated. The editor has considered it wiser to give the whole of important letters even at the possible cost of decreasing the number included in the text rather than to risk the danger of an incomplete and possibly in accurate presentation of the writer's views.
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The importance of this series of letters here printed needs no emphasis. The significance of the fifteen years covered by Shirley's period of office is not to be lost in the brilliancy with which the Seven Years' War closed. The encouragement of a vigorous Colonial spirit was as valuable to the empire in America as was the alliance with Frederick of Prussia to the cause of Great Britain in Europe. As much as any leader of the time Shirley recognized the importance of the conflict in America and his counsels were of no mean order. In 1758 Governor Pownall of Massachusetts stated in a letter to Pitt and in words very like Shirley's what should be done, and even recalled 1748 and 1754 as the time when the forward policy should have been agreed to by the Crown. Plans very like the ones Shirley urged were the guides for the final victory over the French, and his influ ence cannot be disregarded in a search for the cause of the union of the English settlers in America against that nation and their later growth into one people.
The manuscripts printed in these two volumes have been secured for the National Society of the Colonial Dames of America from the originals in the Public Record Office and British Museum in London, from the collections of the Massachusetts Historical Society and the State Archives in Boston, from the Library of Congress in Washington, from the Historical Societies of Connecticut, Pennsylvania and Maryland, and from other widely separated sources. Important letters have been found in smaller collections, and mention should be made of the kindness shown by the librarian of the New York State Library among others, but the editor's reliance has been placed mainly on the records at London, Washington, and Boston.
All persons using this publication will appreciate the care with which Miss Mary T. Martin of London and Miss Bea trice M. Davis of Washington have examined the manu script archives of the London depositories and the Library of Congress respectively, and the accuracy with which they have made copies of such letters as were desired. In be half of the Society the editor wishes to thank Mr. Worthing-
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ton C. Ford, Editor of Publications in the Massachusetts Historical Society, Professor Charles M. Andrews of Yale Uni versity, and Dr. J. Franklin Jameson, Director of the Depart ment of Historical Research in the Carnegie Institution of Washington for help given. To each of these gentlemen the editor wishes also to acknowledge his personal debt, and particularly to the last-named scholar to whose sugges tion and assistance this publication is largely due.
CHARLES HENRY LINCOLN.
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CORRESPONDENCE OF WILLIAM SHIRLEY
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE 1
MY LORD,
The Gratitude due to yr Grace for the protection, wch yr Grace's Letter has afforded me in this distant part of the World ; as well as the Justice due from me to his Excel lency Governr Belcher in acknowledging the Civilities, wch I have received from him on acct of yr Grace's recommen dation, will, I hope, sufficiently excuse me to yr Grace for troubling you wth a Letter from these parts, where I am lately arriv'd wth my family, and shall make it the chief Business of my Life to endeavour to merit that Notice, wth which yr Grace has been pleas'd to favour me.
I have had yet but a short Acquaintance wth my Country men in America ; But it is no small Recommendation of their good sense to me, that they think it part of their Happi ness, that they are within yr Grace's province, and I have often wth much pleasure, since my arrival among 'em, heard 'em mention that distinguishing part of yr Grace's Character that the Honours & Wealth, wch the Generality of first Ministers seek to obtain by means of their publick Stations, yr Grace brought along wth you into the Service of yr Country ; in which service that you may long continue is not only the wish of every true Englishman in Great Britain,
1 P. R. 0., C. 0. 5, 898, 249.
VOL. I — B I
CORRESPONDENCE OF WILLIAM SHIRLEY
But in every part of his Majesty's Dominions, and of none more sincerely than of,
My Lord,
Yr Grace's most Dutifull & oblig'd Humble Servt
W. SHIRLEY. Boston, Deer. 6, 1731.
P.S. At his Excellency's Desire Mr Belcher his youngest son has the Honr to deliver this into yr Grace's hands.
WILLIAM SHIRLEY TO THE DUKE OF
NEWCASTLE l MY LORD,
Governour Belcher, to whom I am indebted for much civility and friendship upon yr Grace's Recommendation having inform'd me that he has given yr Grace an Account of a Vacancy here by the Death of the late Judge of the Admiralty ; and that I have refus'd his Nomination to it ; I take the Liberty, least I should seem not to have made a right use of that favour which yr Grace's Countenance and Goodness have procur'd for me more than any Merit of my own ; to trouble yr Grace wth a short acct of the Circum stances of that post.
The Jurisdiction of it is at present entirely unsettled by the Constant prohibitions of the provincial Judges in all Cases concerning Breaches of Trade, tho' never so plainly giv'n by Act of Parliamt to be try'd by the Court of Ad miralty, such prohibitions being popular things, and all Officers here being Creatures of the House of Representa tives, tho' naturally by their Office and Relation to the Crown they should exert themselves in favour of the pre rogative and Revenue, because the House in effect pays 'em, and marks every one who is in the least suspected to be not mere slaves of theirs. In the next place there is at
1 B. M ., Additional Manuscript 32688, //. A transcript is in the Library of Congress.
CORRESPONDENCE OF WILLIAM SHIRLEY
present an Attempt to destroy the Court totally by sinking the perquisites and fees of the Judge from abt thirty pounds a year Sterl to fifteen, and accordingly at the Instigation of a Gentleman, whose name I believe yr Grace is no stranger to, Dr. Cook of Boston, to please the populace, prosecutions Civil, and Criminal were commenc'd agt the late worthy Judge, who before his Death had spent two hundred pounds New England Currency in the Defence of himself and his Officers, and had two Cases sent home by way of Complaint, (an Appeal being deny'd him) to his Majesty in Council just before his Death, which are not yet determin'd ; and all this persecution of him carry'd on notwithstanding the known Opinion of the Judges of our Superior Court, who had not courage to take the Judgmt of the point of Law upon themselves, as they were bound to do by their Oaths, but rather chose to deny him the Common Justice of con sidering his plea, because he would not submit to give such a plea as would bring it to the Examination of a Jury. So that to have accepted this post in it's present situation, would have reduc'd me to the hard Choice of sacrificing the Court to a mean popularity, or making a sacrifice of myself in the defence of it; the first neither honourable nor honest, and the last not prudent.1
But if there should be any prospect of these Grievances being redress'd any way by their Lordships of the Admiralty, and a support provided for the Judge in the discharge of his Duty ; No one would, my Lord, be more sensible or Ambitious of the Honour of such a post ; which would yet not be too late, should the sum be so altered, their Lordships not having yet dispos'd of it ; so tho' I refus'd the Govr's. Nomination, I will with the utmost resignation submit to yr Grace's Determination for me in this matter. . . .
1 Althougji Shirley was a popular official in America, he did not gain his popularity by a sacrifice of the rights of the Crown or the prerogatives of its representatives in America. He was ever a believer in a strong central government, considering it a necessity in the conditions existing in America during the struggle between the Colonists and the French.
CORRESPONDENCE OF WILLIAM SHIRLEY
I should not have troubled yr Grace wth this Imperti nent account of a little Office, had it not been for his Ex cellency's letter to yr Grace concerning my refusal of it ; which made me jealous even of a bare possibility of being thought foolishly neglectfull of making use of an Opportu nity for my own Interest, wch yr Grace's Goodness had procured for me.
We have just receiv'd Advice by Sr. John Randal, that the House of Commons has treated Dr. Cook's late Memorial to 'em agt his Majesty's Instruction to his Govr concern ing the Supply of the Treasury, with due resentmt and In dignation, wch sounds like a Thunderclap in the Ears of his Mob and the House of Representatives.
His Excellency abt a fortnight ago try'd his strength wth him in Council, and turn'd him out from being Judge of the Court of Common pleas.
I am, my Lord, in all Duty and Gratitude Yr Grace's most Obedt Humble Servt.
W. SHIRLEY.
Boston N. England July I. 1733
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE l
Boston, New England, Augt. 4, 1733. MY LORD,
Colonel Dunbarr having wrote to Sir Robert Walpole, desiring his Majesty's leave to sell two of his Commissions, one of Surveyor Genl. of his Majesty's Woods in North America, and the other of Surveyor of his Lands in Nova Scotia, and in the mean time having sent a Genl. power to Mr. Silas Hooper a Mercht. in London to sollicit that Affair and to agree with any person at home for the Sale of the
1 B.M., Additional Manuscript 32688, 44. A transcript is in the Library of Congress, and a second copy is in Additional Manu script 32688, 42.
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Commissions, in case he can obtain leave to sell, upon what Terms he can get ; wch I have certain knowledge of, having my self drawn the power to Mr. Hooper by the Colonel's direction, and had a particular Account of his Letter to Sir Robert from a Gentleman who read it and forwarded it to England ; I once more take the liberty of troubling your Grace with a petition, begging the favour that I may have such preference in the purchase, if the Colonel has leave to sell, as yr Grace's Goodness shall think proper to give me.
Both the Commissions are worth 400 Ib per Ann, the Salary of each being 200 Ib ; And I would propose to pay the Colonel's Agent in England 600 Ib upon his resignation, in case yr Grace should bestow on me the favour of being his Successor. And as the holding these posts seems precari ous, one Mr. Burniston the Colonel's immediate predecessor in the survey of the Woods having been superseded by the Colonel, and another person before by Mr. Burniston within a few Years ; I scarcely think that any prudent person would venture to give above 800 Ib for 'em, even if they were posts at home ; But as I may be mistaken, I would submit to any Terms, that shall be thought proper for me to take 'em upon ; One of my Clients here having been so good as to offer Vol untarily to furnish me wth the Money for that purpose.
If thro' yr Grace's Goodness I succeed the Colonel, I shall endeavour to establish my self in the posts by a faith- full Discharge of my particular Duty in the Execution of my Commissions, and a Distinguish'd Zeal in his Majesty's Service in all other respects to the utmost of my power; And should I be so happy as to be continu'd in 'em for some Years, the salary from England, with frugal Managemt, would restore my Family, and for ever command my Gratitude to yr Grace for their Happiness.
In hopes that this may be an happy Crisis of my Affairs by yielding a proper Opportunity for yr Grace's Goodness to distinguish me, I am My Lord
Yr Grace's most Devoted, and Oblig'd
Humble Servant ,ir c
W. SHIRLEY.
CORRESPONDENCE OF WILLIAM SHIRLEY
P.S. If the Colonel should not obtain leave to sell, and should resign; I would beg yr Grace's favour for both or one of the Commissions.
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE 1
Boston, N. England, Deer. 22, 1736. MY LORD DUKE,
His Majesty's Woods in the Province of New Hampshire and the Massachusetts bay in New England being one of the most valuable productions of the plantations in North America to the Crown & esteem'd at home of such Conse quence to the Royal Navy that the parliamt has made several penal Laws for the preservation of 'em ; I thought the inclos'd case, wch is stated for the Attorney & Sollicitor Genl's Opinions might deserve yr Grace's Notice, as the care of these Woods is within yr Grace's province ; & that it was my Duty to make this Representation to yr Grace concerning 'em.
The Tract of Land in Question, wch is 120 miles square, contains the largest & most valuable part of all the King's Woods fit for the use of the Royal Navy ; and to my cer tain Knowledge the Massachusetts Governmt are deter- min'd to contest the Crown's right to 'em, & for that pur pose have maintained & supported at the Province Charge, the Defence agt the two Appeals lately brought before his Majesty in Council in the two Actions mention'd in the Inclos'd Case, & sent directions to the Agent of their Prov ince in England to take care of it.
The suppos'd Defect in the Crown's right to the Trees set forth in the case, if it should be thought so by the At torney and Sollicitor Genl, may at present be easily cur'd by purchasing in one Gentleman's right in this province, which may now be done upon reasonable Terms before the province is appriz'd of the Defect ; but if they should come
1 P. R. O., C. O. 5, 899, 185. 6
CORRESPONDENCE OF WILLIAM SHIRLEY
to the Knowledge of it, they would soon forestall the Crown in the purchase of that right, or at least render it very diffi cult to be obtain'd ; And should the people of the Province get but the Shadow of a Title to these Trees the Crown's claim to 'em, wch now labours with Difficulties, tho guarded with two penal Acts of Parliamt, would be so weakened that I don't think Workmen would be found in the province, who would venture to cut any for the service of the Crown.
Another Consequence, My Lord, which would attend the purchase of this right, if it is a good one, is this : It would then be in the Power of the Crown to unite this Tract of Land, wch of itself is a considerable one, being the best for Soil & Trees (except the other Eastern parts of the Prov ince, wch lie contiguous to it) together wth those other Eastern parts to his Majesty's Province of New Hamp shire, by wch it is bounded on the other side, & out of 'em all to form the best province in North America wch would be of a larger extent than England, & the chief, if not only Magazine of Naval Stores in New England, has the best Harbours & Bays in the King's Dominions, and is more in request wth new Settlers of all Nations at this time than any part of New England ; Whereas at present New Hamp shire wch is the only King's Province (as it is term'd here) in New England, & is surrounded with three Charter Prov inces, all thriving & flourishing, is a weakly, declining Col ony situated in the bosom of the Massachusett's Province between the Massachusett's Old bounds, & this Tract of Land, & so poor as not to be able to support a governour without being tacked to the Governmt of the Massachu sett's bay, & by that means subjected to great Inconven iences & troublesome Dispute, between the Chief Governour & Lieutent Governour.
I should not have ventur'd to launch out so far to yr Grace but that the Crown abt six years ago sent Col. Dun- barr to take possession of & settle these very Eastern parts wch I am now writing abt; & the Colonel had actually begun settlemts there in behalf of the Crown, & was making a progress in 'em, till some private persons in conjunction
7
CORRESPONDENCE OF WILLIAM SHIRLEY
with the Massachusetts Governmt petition'd his Majesty to recall his Instructions to Col. Dunbarr, & to order him to quit his possession, upon their claiming title to that tract under former grants of the Crown, wch was accordingly allow'd.
But the Massachusetts Governmt is now in a Disposi tion to restore those lands to the Crown, & have absolutely refus'd to protect the Settlers there for reasons, wch it would be too tedious to trouble yr Grace with here. And I am satisfy'd that the uniting & erecting the Province of New Hampshire, the late Province of Maine, & the other Eastern parts of New England (if Mr Usher mentioned in the inclos'd case has any title to the Province of Maine) into one province in such manner as the Crown should please, if properly manag'd & conducted, might be effected with out any trouble to the Ministry, & even with the good liking of the people here.
But if yr'Grace should be of Opinion that this is not worth the Crown's Notice ; Yet the Immediate preservation of the Crown's right to much the greatest part of the Royal Woods in America fit for the Service of the Navy, will I hope excuse to yr Grace the trouble, I have here given you.
And if it should be thought proper to purchase in Mr Usher's right ; yr Grace might depend upon the most faith- full service in this, or any other respect from My Lord
Yr Grace's most Dutifull and Oblig'd Humble Servt
WM SHIRLEY.
FRANCES SHIRLEY TO THE DUKE OF
NEWCASTLE 1 MY LORD DUKE,
I have often attempted having the Honour of Wateing on your Grace, but have met with so many Repulses at the Door that I am Oblig'd to take this way of addressing my Selfe to you.
1 B. M ., Additional Manuscript 32690, 261. A transcript is in the Library of Congress.
8
CORRESPONDENCE OF WILLIAM SHIRLEY
Mr. Pelham tells me he has deliver'd to your Grace the Petition, wherein Mr. Shirley begs he may have a Sallary for the Place of Advocate General,1 and that your Grace is so good as to Say you will do wt you can in that Affair. I am told if I do Succeed, it will be refir'd to the Board of Admiralty, or the Board of Trade ; I hope your Grace will be So good as to Send it to the latter, they being well Inform'd of the Affair, and much disposed to assist me in it. I am Inform'd your Grace has often been Inclin'd to do Somthing for Mr. Shirley, wch has given me the Courage to trouble your Grace wth this letter. I am Sencible an Husbands Charecter comes very Improperly from a Wife, but I must beg leave to Say, he is a Man of great Honour and Honisty, and I dare say will never dis credit your Graces Choice, whatever Imployment you be stow on him, from his own capasity and the General Esteem the people have for him, he may be of great Service to the Crown, and I am Sure will Imploy his utmost Ability and Industry in return for any Favours bestow'd on him, and I may venture to say the King wants Such men in America.
Mr. Shirley My Lord Duke, is Descended from an An-
1 The petition here mentioned is probably contained in Shirley's letter of July 19, 1736, to Newcastle (C. O. 5, 899, p. 171), in which, with the suggestion of a salary, Shirley forwarded the draft of a measure for the preservation of the King's Woods. See also the paper submitted by Shirley, as Advocate General, to the Admiralty (Admiralty Section, Insular Letters 3817), showing the case against Nathaniel Gilman of Exeter, N.H., regarding the cutting of one white pine tree. Another illustration of Shirley's activity in behalf of the Crown's interests in the forests of America is his notice to Newcastle, Dec. 22, 1736 (C. O. 5, 899, p. 185), that the Massachu setts Government intended to contest the Crown's right to woods fit for use in the navy. Upon such vigilance for the interests of the navy he might well base his request for the post of Naval Officer, Jan. 2, 1737-8. The son-in-law of Governor Belcher had already requested the office from Sir Robert Walpole (C. O. 5, 899, p. 239), but the feeling between Belcher and the Shirleys was not such as to prevent the latter from seeking the place despite Mr. Lyde's earlier effort. See also Mrs. Shirley to the Duke of New castle, July 19, 1738, post, p. ii.
CORRESPONDENCE OF WILLIAM SHIRLEY
cient and good Famely in Sussex, your Graces favourite County, his Ancestors were not only Neighbours but had the Honour of an Intimacy and Friendship wth your Graces Ancestors, and I am in great hopes (from your Graces General Charecter of goodness, compassion and readiness to make your great Station a blessing to those below you) that you will not lett Mr. Shirley and Nine Children Sink in a Foreign Country. My last letters from America In form me that Mr. Clark Levtt : Governor of New York, is in great hopes of the Government of that place and So, he must quit his Secretarys Post, wch Mr. Shirley wou'd be very glad to leave Boston for. I beg pardon for presume- ing to take up So much of your Graces time, and hope you will Impute it to wt was the Real Cause, a Necessity of troubleing your Grace, or letting my Family Sink in Silence. I am my Lord Duke wth the greatest Duty and Respect your Graces Most Obedient and Most
Humble Servant March the 2d, 1736. FRA. SHIRLEY.1
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE 2
Boston, New Engld. Jany. n, 1737. MY LORD DUKE,
I am sensible how very lately I trespass'd upon yr Grace in this way; But not knowing how proper the request of
1 Frances Shirley was the first wife of William Shirley and the daughter of Francis Barker for whom she was named. She was born in England, and by reason of her family had access to and in fluence with the Duke of Newcastle. Fond of politics, and of more than usual ability in political intrigue, she was of much aid to her husband in his several promotions. His greatest success in war — the capture of Louisbourg — was secured before her death, which occurred in September, 1746. See prefatory note, ante, p. xxxi.
2 B. A/., Additional Manuscript 32691, 15. A transcript is in the Library of Congress. Here and in similar cases the old style dating is used.
10
CORRESPONDENCE OF WILLIAM SHIRLEY
my last letter might be,1 and finding by the publick Prints from Virginia that Mr Clayton the late Attorney Genl there, who is appointed by Commission from home, dy'd on the 1 8th of last November, I venture to trespass upon yr Grace once more to inform yr Grace of this Vacancy, and beg the favour that I may be appointed to succeed Mr. Clayton, wch would be a very Advantageous removal for me. After having been so troublesome, I dare not detain yr Grace a Momt longer than with the utmost sense of Grati tude and Duty to yr Grace to subscribe myself My Lord
Yr Grace's most Devoted and Obedt. Humble Servt.
WM. SHIRLEY.
FRANCES SHIRLEY TO THE DUKE OF NEWCASTLE 2
MY LORD DUKE,
I troubled your Grace some time agoe wth a letter in re lation to the Goverment of New England. If your Grace is so good as to design that for Mr. Shirley when it becomes Vacant I shou'd be very glad to wate some time for it but if neither that nor any other good thing is in View I beg leave to Mention a Post that I Spoke of the first time I had the Honour of seeing your Grace. It is the Naval Officer of New England wch I am Inform'd Mr. Loyd,3 Son in
1 His application for the post of Naval Officer of Massachusetts, ante, p. 9, note.
2 B. M., Additional Manuscript 32691, 254. A transcript is in the Library of Congress. See Newcastle's reply of July 23, following.
3 The person referred to is Byfield Lyde. He was the grand son of Judge Nathaniel Byfield and married the only daughter of Jonathan Belcher. Mr. Lyde was graduated from Harvard College in 1723, and was at this time Governor Belcher's candidate for the position of Naval Officer of New England. The Governor sought to obtain the office through Sir Robert Walpole, but was opposed by Mrs. Shirley, to whom he had given the name "Mrs. Gypsy." 6 Mass. Hist. Soc. Coll., Vols. VII and X.
CORRESPONDENCE OF WILLIAM SHIRLEY
Law to Governor Belcher is now Soliciting your Grace for. The Post is worth about 200 Ib. a year Sterling and when a Deputy is paid there will remain about 140 Ib. I am thor oughly perswaded your Grace is well Inclin'd to do som- thing for us and that if nothing better is in View your Grace will be so good as to bestow this upon Mr. Shirley I am my Lord Duke your
Graces Most Oblig'd Most
Obedient and Most Humble
Servant July the iQth, 1738 FRA. SHIRLEY.
DUKE OF NEWCASTLE TO FRANCES SHIRLEY1
Claremont, July 23d, 1738. MADAM,
I am very sincere, in assuring You of My Readiness to serve Mr. Shirley, on any proper Occasion. I don't at all know, that the Government of New England is like to be vacant, or that the Place of Naval Officer of New England is vacant ; so that I can say Nothing to either of those things. If the Chief Justice of New York should be removed, I shall not fail to recommend Mr. Shirley, to succeed to that Post ; and will repeat my Sollicitations to Sr. Robert Walpole, for the Employment, that You formerly mention'd to Me, which is in the Gift of the Treasury. I am Madam
Yr Most Obedt. Humble Servt. Mrs. Shirley. HOLLES NEWCASTLE.2
1 B. M., Additional Manuscript 32691, 262. A transcript is in the Library of Congress.
2 Thomas Pelham-Holles, Duke of Newcastle, was born in 1693, and died in 1768. During his career as minister to the king, he rose as high as First Lord of the Treasury (1754), but during the period with which we are most concerned in these volumes, he was Secretary of State for the Home Department in ministries headed by Sir Robert Walpole, Lord Wilmington, and Henry Pelham. This department included the charge of the Colonies.
12
CORRESPONDENCE OF WILLIAM SHIRLEY
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE1
Boston, N. E. March 3, 1738. MY LORD DUKE.
This Morning I had the honour of yr Grace's Commands relating to Sir Thomas Prendergast's Demand agt Mr. Auchmuty, wch I hope, I have already finished to Sir Thomas's satisfaction.
And now I must intreat yr Grace to permit me to ex press the great Concern, I am under, at receiving this Morn ing an acct of yr Grace's having been troubled wth an Impertinent Letter sign'd J. Bowden,2 containing Complts. agt Govr Belcher, and desiring that I might be put into his post ; and to assure yr Grace that it is Counterfeit. The person, whose name is borrow'd to sign this Letter with, is a Merchant of the largest Estate in this province, a French man by birth, who does not trouble his head abt anything that relates to the Governmt, is upon good Terms with Govr. Belcher, and has very little acquaintance with me ; and to bring it to the Test whether the name set to the Let ter is of his handwriting, as he is one of the Signers of our Merchants publick bills, I have sent Mrs. Shirley one of
1 B. M ., Additional Manuscript 32692, 23. A transcript is in the Library of Congress. Substantially the same letter is in C. O. 5, 899, 263. See also an unsigned letter of about eighty words re lating to Prendergast's demands, ibid. p. 260. Robert Auchmuty was Judge of the Court of Admiralty and disliked by Belcher.
2 The letter to which Shirley refers is in C. O. 5, 899, p. 250, and the person said to have written the letter was James Bowdoin the merchant, father of the later Governor Bowdoin. James Bowdoin was, as Shirley says, born in France. He was the son of Pierre Baudouin, a Huguenot refugee from near La Rochelle, born in 1676, and died in Boston, Sept. 8, 1747. 6 Mass. Hist. Soc. Coll. 10, 364.
13
CORRESPONDENCE OF WILLIAM SHIRLEY
'em to make use of for a Comparison of his handwriting with the Letter. I am also perswaded that this Letter did not come from any friend of mine, but from some person, who designed to discredit me in yr Grace's Opinion ; For if the Writer of it had really designed to serve me, and prejudice Govr. Belcher, he would, I doubt not, have consulted me as to the propriety of framing it, and sending it. And I hope I am not fall'n so low in yr Grace's Opinion as that yr Grace can think me Guilty of offering so very weak, and silly an Abuse to yr Grace's Goodness as to encourage so pitifull a Contrivance. Besides, when this was wrote, I was an utter Stranger to any Application of my friends for this Governmt ; And there is no person in this province, who could reasonably think I had any such View. There is indeed one Gentleman in the province, whose Jealousy I can't forbear mistrusting in this Affair, and who, I know, would now be glad by any Contrivance to hurt me in yr Grace's Opinion. It may seem hard and groundless to impute so mean and improbable an Artifice to a Gentleman in the highest Station among us, But as I am thoroughly acquainted wth his politicks, and am knowing to other In stances of the like kind of Treachery from him towards an other Gentleman now in England (one of which is now lying before the Board of Trade) I dare almost risque my Credit upon the Truth of my suspicion.
' Having thus broke in upon yr Grace, I must further beg leave just to mention my uneasiness at Mr. Waldo's 1 indiscretions in his Application to yr Grace in my favour : ,The Account wch he has sent me, of his intruding upon yr Grace in Sussex, and his manner of sollicking for me since, has given me no small pain. It is what I was much sur- priz'd at, and if I had been consulted in it, should never have consented to. I am well satisfy'd of Mr. Waldo's friendship for me, and hold myself much oblig'd to him for
1 Samuel Waldo was a wealthy merchant and second in com mand at Louisbourg in 1745. He was born in Boston in 1696 and acquired large land holdings in the district of Maine, where he died in May, 1759.
14
CORRESPONDENCE OF WILLIAM SHIRLEY
his good intentions ; but I can appeal to my own Letters to Mrs. Shirley,1 and Mr. Waldo's letters to me for a full proof, that he had no Commission from me to be so troublesome to your Grace.
It is impossible for me fully to express here the deep sense I have of yr Grace's late Goodness to me in the whole Course of my Application to his Majesty for annexing a Salary to my post of Advocate Genl, and also in nominating me for Chief Justice of New York,2 and there is nothing I more ardently wish for than to have an opportunity of giving a proof of my Duty and Gratitude to yr Grace, and with what an unfeign'd Zeal and Attachmt I am My Lord,
Yr Grace's most Oblig'd and
Devoted Humble Servt
WM. SHIRLEY.
FRANCES SHIRLEY TO THE DUKE OF NEWCASTLE3
MY LORD DUKE
Mr. Western has Inform'd me of a late Conversation that he has had wth your Grace by wch I find that it is your Opinion that it is not proper at this time to make an Altera tion in the Massachusits Govert. and that therefore your Grace is so good to Advise Mr. Shirley to Accept of the Govert. of New Hampshire4 together with the Post Office
1 It is interesting to read in the light of this statement Mrs. Shirley's letter to Newcastle of March 13, 1739-40, following. By that time certainly the position of Governor of Massachusetts would have been gratefully received.
2 See Newcastle to Frances Shirley, July 23, 1738, ante, p. 12.
3 B. Af ., Additional Manuscript 32693, 123. A transcript is in the Library of Congress.
4 During 1739 there had been great discontent with Governor Belcher shown throughout New Hampshire, and a movement for a government distinct from that of Massachusetts had gained
CORRESPONDENCE OF WILLIAM SHIRLEY
wch I am Inform'd are very Consistant together. This Advice I am sure Mr. Shirley is very ready to take wth the greatest Thankfullness and I will venture to say will in that Post Indeavour to Convince your Grace that he is not un deserving of the other whenever your Grace sees proper to make a removal. By the best Enquiry I can make I find that two hundred a year is the utmost that the People of N Hampshire can allow a governour. I doubt not therefore but the Ministry will make such an additional allowance as will be Necessary for the Support of a governor appointed by his Majesty in the settling of wch I flatter myself I shall have your Graces Assistance, wch, if I have, I doubt not but these two places will afford us a Comfortable Subsist- ance till your Grace shall see proper to give us further In stances of your goodness to us. And now my Lord Duke I most Humbly beg pardon for having given so much trouble about the Massachusits Governor wch I asure your Grace I had not so strongly solicited had I not had the strongest reasons given me to think that he was very unworthy of that post, I have nothing further to trouble your Grace wth at present but to beg the favour of your Grace by this proposed kindness to take the first Opportunity of deliver ing Mr. Shirley from the 111 treatment that he now meets
much headway. The Lords Commissioners for Trade and Planta tions, as a result of a memorial supported by John Thomlinson, Joseph Gulston, Navy Agent at the time, and others, reported to the Privy Council (Aug. 10, 1739) "that it would be for His Majesty's Service and the Good of the Colony of New Hampshire that it should have a distinct Governor." Others wished to be annexed to Massachusetts, and on Oct. 17 the Commissioners re considered their former report and urged that the matter be again referred to the New Hampshire Assembly and that New Hamp shire be not given a distinct government until it was known what provision would be made for a separate governor. The Com missioners reported against annexation to Massachusetts and the Privy Council upheld them. The result was the, appointment of Governor Benning Wentworth, who came to New Hampshire Dec. 13, 1741. Belknap, "History of New Hampshire," I, 255; N. H. Prov. Papers, 5, 87.
16
CORRESPONDENCE OF WILLIAM SHIRLEY
with from the Governors anger. I am my Lord Duke with the greatest Gratitude your graces
Most Obedient and Most
Obliged Humble Servant
F. SHIRLEY. March the ijth, 1740.
DUKE OF NEWCASTLE TO WILLIAM SHIRLEY1
Whitehall, April 5th, 1740. MR. SHIRLEY. (at Boston.) SIR,
This Letter will be transmitted to You by Colo. Blake- ney,2 who is charged with His Majesty's Instructions to the several Governors of the Colonys in North America, for raising a Body of Troops to join the Expedition, which is shortly to go from hence to the West Indies, under the Command of My Lord Cathcart. I conclude You will have heard, that Mr. Belcher has already received the King's Orders,3 (They having been sent from hence in Janry last) to make the necessary Dispositions for raising Men in the Provinces of Massachusets Bay, and New Hampshire ; Which I hope, He will have accordingly done, in the best Manner He has been able.
1 B. M ., Additional Manuscript 32693, 777. A transcript is in the Library of Congress.
2 William Blakeney. Folio 158 of this same manuscript con tains Newcastle's letter of April 5 to Governor Belcher. Sub stantially the same letter to the Governor and Company of Rhode Island is printed in Kimball : " Corres. Col .Govs. of Rhode Island,"
i» H3-
3 The preliminary instructions of Jan. 5, 1739-40, are printed in New Hampshire Provincial Papers, 5, 47-49. There is an inter esting letter of June 29, 1740, from George Jaffrey, Theodore Atkinson, and four others to Shirley regarding the New Hampshire levies for the expedition in C. O. 5, 899, p. 368.
VOL.I — c 17
CORRESPONDENCE OF WILLIAM SHIRLEY
You are no Stranger to the Complaints, that have been brought hither, against Mr. Belcher's Conduct, in the Administration of his Government; and Mr. Western will have acquainted You, with the Application, that has been made, by your Friends here, to procure the Government for you, in case of Mr. Belcher's Removal ; And tho' there is at present, no Resolution taken upon that Head, one Reason for which may have been, that It might not be thought adviseable to appoint a New Governor at a Time, when a Commission of such great Importance was upon the Point of being executed,) yet I may assure You, (as I have already done Mr. Western) That in case of a Vacancy of the Government of New England, I shall think of no other Person to recommend to His Majesty to fill it, but yourself ; In which I am persuaded, All the King's Servants will readily concur.
It has been represented here, by some Persons, who are not unacquainted with the Affairs of New England, That Mr. Belcher's Conduct has rendered Him so disagreeable to the People of Both the Provinces, under his Govern ment, That He will find great Difficulty, in Executing His Majesty's Orders, for raising a Number of Men within those Provinces. If there should be any Grounds for such an Apprehension, (which however, I hope, is carried too far) I doubt not but You would be ready, in that Case, to assist Mr. Belcher to the Utmost of your Power, that His Majesty's Service, in this critical Conjuncture might not suffer thro' Mr. Belcher's Misfortune. And as a sincere Friend of yours, I should think It might even be a pru dent Step for You, effectually to put it out of the Power of Those, who may wish better to Mr. Belcher than to You, to allege in his Excuse, that you had made use of the Credit and Influence, which You have acquired with the People of New England, to obstruct the Governor in the Perform ance of this Service ; And, for that Purpose, that You should take the first Opportunity, after the Receipt of this Letter, to go to Mr. Belcher, and assure Him, that you are ready and desirous to give Him all the Assistance in your
18
CORRESPONDENCE OF WILLIAM SHIRLEY
Power, in promoting, and forwarding the Levys to be made within His Government, pursuant to His Majty's Orders and Instructions to Him for that Purpose; And that You should be glad, if He would let you know, in what Manner You may be serviceable to Him therein.1
I need not tell You, of how great Importance It is to his Majty's Service, That these Levys should be made, as full, and with as much Expedition as possible ; And I shall therefore only assure You, That if It shall appear, That your Weight and Influence shall have contributed to the Carrying Them on, with success and Dispatch, It will effec tually recommend You to His Majty's Favour; And that
I shall gladly take an Opportunity of representing your services, upon this Occasion, in the most advantageous Light.2 My Regard for You, and Desire to serve You, as well as my Zeal for carrying on the Levys, in North America,
1 On this point see Shirley's letter to Newcastle of May 12, fol lowing. On June 28 Shirley wrote that he would offer to assist Governor Belcher to raise men in New Hampshire and Massa chusetts for service in the Spanish War, but that he expected a poor reception for his offers (C. O. 5, 899, p. 298). He had already written Newcastle on May 26 as to the lack of naval stores on hand and the difficulty experienced in supplying masts for war vessels (ibid. p. 293). On July 12 Governor Belcher requested Shirley to cease recommending persons for offices in the king's service, which letter was forwarded by the latter when writing to Newcastle, Aug. 4, 1740 (C. O. 5, 899, p. 310). Specific examples of men rejected by Governor Belcher are given in Robert Temple to Shirley, July 1740 (C. O. 5, 899, p. 360). Other letters bearing on the matter are those from Timothy Ruggles to Shirley, Aug. 2 (ibid. p. 374) ; Captain John Turney, Aug. 3 (ibid. p. 373); John Winslow, Aug.
II (ibid. p. 365) ; John Prescott, Aug. 18 (ibid. p. 367), and Shirley to Newcastle, Sept. 18, 1740, regarding the levies to be raised in Massachusetts (ibid. p. 351).
2 In the Colonial Office Manuscripts (P. R. O., C. 0. 5, 899) is a statement of approximately 3700 words setting forth " the services performed by William Shirley Esq. in the Assistance he gave to the raising Levies in New England for the Service of the Expedi tion under the command of Lord Cathcart," etc. This statement appears to have been the basis of such a representation as that of which Newcastle writes.
19
CORRESPONDENCE OF WILLIAM SHIRLEY
with success, which I think of such Importance to the Pub- lick, is the Occasion of my giving You this Trouble, which, I am persuaded, You will take, as It is really designed.
I am etca.
HOLLES NEWCASTLE. Endorsed:
Drat, to MR. SHIRLEY. April 5th. 1740.
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE *
Boston, N : Engld. May 12, 1740. MY LORD DUKE,
I could not be easy, after receiving my late Information of yr Grace's Exceeding Goodness to me, without troubling, you wth some Expression of my Gratitude, wch I there fore hope yr Grace will indulge me in. I must confess, upon first considering the present Obstacle to the promo tion, wch yr Grace intended to honour me with, I was at some loss, whether I should not be pleas'd wth a Delay wch would exempt me from all possible risque of being thought to have been an hindrance to his Majesty's service at this Critical Juncture. But my friends here have given me such strong Assurances, and I have since had so many proofs, that my succeeding in present to the Governmt of this province would have been no Disservice to the raising of Soldiers here and in the Neighbouring province of New Hampshire, that it now gives me some Concern to have lost one Opportunity of contributing to his Majesty's Service. Not that I should have assum'd to myself any great Merit in the Success of the present Levies ; For indeed the Eagerness, wch appears in the people here to serve in the Expedition agt the Spanish West Indies, seems to be suffict of itself, without a Govr's personal Interest, to engage 'em in it, and
1 B. M., Additional Manuscript 32693, 2/p. A transcript is in the Library of Congress.
30
CORRESPONDENCE OF WILLIAM SHIRLEY
even to surmount any disgusts, they may possibly entertain agt one ; And I am informed there is an appearance that the Levies (at least in this province) will be compleated, as soon as the Commissions shall arrive, wch are expected every Day ; And hope that even the Gentlemen of New Hampshire province, who if Disaffection to a Governt. would possi bly make 'em run so counter to their Duty to his Majesty, as to oppose the present Levies (least the success of 'em should be imputed to his present Excy's Interest among the people) would be in Danger of doing so, will not think of such unjustifiable Measures. I am sure they have been caution'd agt it and advis'd otherwise.
Upon this Occasion it is some satisfaction to me that I have been so fortunate as to have had some small share in promoting his Majy's service in this Expedition (before the Arrival of the last Vessells from England) by procuring a speedy supply of stores for Admiral Vernon's Squadron at Jamaica, wch his Majy's storekeeper there had wrote for by the Admiral's Order, and the Astrea prize taken at Porto Bello 1 is this day arriv'd to fetch ; and wch would have been retarded, if I had not taken upon me to bear the Deputy Surveyor of his Majesty's Woods here harmless from any blame or Censure at the Navy board for acting as I advis'd him on this Occasion. But the particulars of this I shall not trouble your Grace wth, nor detain yr Grace longer than to assure you that however yr Grace shall be pleas'd to dispose of me, the Chief Aim, and business of my life shall be to pursue the united Interest of his Majy and the Country ; and this Rule of action I flatter myself I shall steadily ad here to, because I am perswaded, my Lord, it is the most acceptable return I can make to yr Grace for yr patronage and protection, besides it will gratify a strong ambition wch I have, to copy in my low sphere of Life, what yr Grace has long been in that Exalted station wch has render'd you a Blessing not only to the publick in general, but to private families in particular, and to none more so than
^Porto Bello had been taken by Vernon on Nov. 22, 1739.
21
CORRESPONDENCE OF WILLIAM SHIRLEY
to mine, who am with the Deepest sense of Duty and Grati tude
My Lord Duke
Yr Grace's most Dutifull,
and most Obedt. Humble Servt.
W. SHIRLEY.
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE 1
Boston, N. Engld. Augt. 4, 1740. MY LORD DUKE,
In Obedience to yr Grace's Commands, upon the Re ceipt of the Letter, with wch yr Grace honour' d me by Col. Blakeney, I sent my son to wait on Govr Belcher wth a Letter acquainting him that as I thought it the Duty of every person within his Excy's Governmts to give what assist ance he could in promoting & forwarding the new Levies, pursuant to his Majy's Instructions for raising a number of men within the two provinces, I was ready & desirous to contribute all the assistance in my power towards it, & that if his Excy would be pleas'd to let me know, in what manner I might be serviceable to him therein, I would wth great pleasure wait upon him to receive his commands in that respect, & order'd my son to beg the favour of his answer, whether he would permit me to wait upon him for that pur pose. And at the same time I sent one Mr Caverley a young Gentleman, whose father lives in very good Circumstances in this Town, & had serv'd as an Officer in Spain for eight years under the late Earl Rivers & Genl Stanhope, to offer him self to his Excy to serve as a Second Lieutent in one of the two Companies. To wch his Excy after civilly receiving my son & the young Gentleman, return'd me for Answer by word of mouth, that he would think of what I had wrote.
The day following, as we had not then one Soldier enlisted in the Province ; nor Orders issu'd out to beat up for Volun-
1P. R. 0., C. O. 5, 899, 310.
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tiers, nor Money in the Treasury to pay the Bounty, nor the Subsistence Money, wch had been voted by the Genl Court, I thought it might be of service in Expediting the Levies, if I could prevail wth Mr Caverley the father, who had been well vers'd in the business of raising recruits in England, to offer his service to his Excy to raise men for the Expedi tion, & Subsist 'em at his own Expense, till he might be reimburs'd, wch Mr. Caverley at my request very generously did in a Letter to his Excy, wch was deliver' d him by my son, wherein he desired leave to wait on his Excy, & that he would furnish him wth beating Orders, or proper powers to enlist men. And the next day I sent one Mr MacGown to wait on his Excy wth a recommendation of him for a Cap tain's post upon the Terms of his raising a Company of able Body'd, Effective Men Natives of Ireland, seventy of which he had actually engag'd, & could have rais'd the remainder & 50 more, if wanted, in a few days. This man was a very good Officer, had serv'd in this Country agt the Indians, & under E. Stairs in Scotland, & his father had been an Offi cer in K. William's service, & his Grandfather one in the service of K. Charles ; and to make my recommendation of him the more effectual, I procur'd for him the recommen dation also of Col. Winslow a Gentleman in great favour wth his Excy, who pressed the acceptance of him as one who would be of great service to his Majesty in the Expe dition. And, as one Captn Pollard is esteem'd the most fit person among the Natives of this place to serve his Majy in this Expedition and do honour to the Country in it, & is so popular a man that no person doubted his being able to raise 200 men in a short time ; and he had been courted by several of the Councill here, & others of the Govr's friends, to offer his Service to his Excy as a Captain of one of the Companies, wth an assurance that he would be accepted, but all without Effect, he having declar'd that he would accept of no Post from him, & being in such Circumstances as to be Indifferent abt the Perfermt, I thought I should do a good piece of service to his Majesty, & not unacceptable to his Excy if I could prevail on Mr Pollard to give me leave to
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offer his Service in the Expedition to him, wch I accord ingly did.
As to Mr MacGown, his Excy told him at first, if he had any occasion for him, he would send for him ; But the same day he told Col. Winslow before menton'd, & one of the Coun cil, that he would not by any means hear of MacGown, because I had recommended him, otherwise he should have had a Commission ; and hereupon the poor man dismiss'd 25 of his Countrymen, who had follow'd him to Boston, and is gone to Col. Blakeney at N. York, to whom, I am in- form'd, Ld Cathcart had recommended him in England, as a person well qualified for his Majy's Service.
As to Mr Caverley, his Excy was pleas'd to send for him, & acquaint him, that he could not grant his Request as to his Son, because I had recommended him; for if he should, he might be plagu'd wth every Pettifogger's recommenda tion, expressing likewise much resentmt at my pretending to recommend Captn Pollard to him, & to intermeddle in these Affairs ; to wch purpose he soon after sent me a Letter, tho in softer Terms, forbidding me to trouble him any further wch Letter I have inclos'd to yr Grace, subscrib'd, & di rected wth his own hand, & under his Seal, the other part of his Secretary's handwriting. — But as to Mr Caverley's Offer to raise men, his Excy told him, he would lay it be fore the Councill for their Advice, wch he did the same day, & influenced them not to accept of it for the reasons men- tion'd in their Advice to him thereupon, as will appear by a copy of it attested by the Deputy Secretary. How ever Mr Caverley's offer had this good effect wth regard to the Province that his Excy two days after issu'd out his Or ders to beat up for Voluntiers, & wth regard to his Son, that the Council esteeming the offer a well spirited thing, pre- vail'd wth his Excy to grant him a Second Lieutenancy ; and Mr Caverley soon after enlisted 50 Men towards fill ing up the Company, in wch his son was plac'd.
Upon the receipt of his Excy's Letter to me findi g that any further Offers of Assistance to him, in raising the Levies, from me, would be very disagreeable, and not only hurt my
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friends, but hinder his Majy's Service, I desisted from mak ing him any ; but I have found Opportunities of contribut ing to the Service of the Expedition in other ways, without his Excy's Knowledge. For there being but four of the thirty Commissions sent over by Col. Blakeney, allotted to Govr Belcher to fill up, when ten Companies were raising in the Province, those Captains & their Companies, who could not have any of the four Commissions, but must go to the West Indies without Commission, Cloaths or Arms upon the Govr's Certificate & Letter to Ld Cathcart, & Col. Blake- ney's Assurance that they will be received into pay, & put into Commission by him, & furnish'd with Arms & Cloaths, were exceedingly disappointed & dispirited ; & one of the Captains in the Country, who had compleated his Com pany, has actually dismiss'd his Men, & two more of 'em in this Town were upon the point of disbanding their Com panies (upon the Difficulties arising from their want of a Commission & Arms to keep their men together, as well as disgust & resentmt to the Govr, from whom they appre hend they have received ill usage), had not I us'd my In terest wth 'em to perswade & engage 'em to go into the Service notwithstanding their disappointmt & Difficulties, wch they are now determin'd & have absolutely promis'd me to do wth their two Companies, as will appear to yr Grace by Captn Turney's Letter to me, & Captn Richard's Letter to Mrs Cosby, who was well acquainted wth his Bror's family at New York. And I have a very good View of recovering the other Company, wch is actually dispers'd, to his Majy's Service, of wch I hope to give a good Account by the next Ship. And as Col. Gooch & Col. Blakeney had inform'd me by Lieutent Govr Clark that one Company of Indians would be very usefull in the Expedition, I have procur'd one to be rais'd by Captn Ruggles, & himself to go into the Service with 'em upon the prospect of a Commis sion from Ld Cathcart, as will appear from Govr Clark's, & Captn Ruggles Letters to me. What is become of the two other Companies of this Province wch were raising in the Country, I have not heard, But if I find that they are in
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Danger of Dispersing upon their disappointmt in not being put into Commission, & receiving their Arms, and Cloaths here, I shall use my utmost application to recover 'em.
As a considerable Expence has arose to the Captains by means of the too scanty Allowance of the Genl Court for Subsistence of the men, being no more than 2s 3d Sterl. a week for each man, whereby the Captns are much out of pocket, I have undertaken, & doubt not to contribute, by my friends among the Representatives & Councill towards remedying that Evill at the next meeting of the Court. And as I have had Information that Col. Blakeney had drawn bills to the amt of abt 1500 1. sterl. upon the Governmt at home, to be endors'd by Govr Belcher, for paymt of the Officers here, & that our Merchts have hesitated abt taking the bills, I have this day wrote to Govr Clark to inquire into that fact of Col. Blakeney, to whom, I am inform'd, an Express is dispatch'd on that acct, & to assure him (if there should be. occasion for it) that I will find, among my friends, purchasers for those bills, or such Indorsers, as shall make 'em market able, wch I doubt not of doing.
These are the Services, wch in Obedience to yr Grace's Commands I have attempted in this province, where I wish it had been in my Power to do more, but hope, yr Grace will make Allowance for the Disadvantages of an Opposition from the Gentleman, who has the disposal of the Commis sions ; and of Certificates & subsistence money for those Cap tains, who raise Companies without Commissions.
To make amends for my Defects in this province, I have endeavour'd to be serviceable in the neighbouring prov ince of New Hampshire, & Colony of Rhode Island ; from the former of wch I have receiv'd, in answer to an Ex press wch I sent 'em upon the rect of yr Grace's Letter, the strongest Assurance in a Joint Letter from Six Gentle men, viz. three of the Councill, two of their house of Repre sentatives (one of wch is the Speaker) & the Clerk of the As sembly, who intirely govern the Assembly, & have the chief Influence over the people of the province, that they will not only avoid all opposition to the Levies out of disaffec-
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tion to the Govr, & for fear of his raising a merit to him self by the success of 'em, but exert their utmost Interest in promoting them ; as will appear by their Letter to me ; And I doubt not of their Sincerity & Success, unless the people there are too much exasperated by the Govr's filling up all his four Commissions in the Massachusetts bay, & putting them upon the Difficulty of raising men with out one Commission, or any Arms or Cloaths for the present, wch no Colony or province besides is under. And as to Rhode Island, where I am well known by frequent visits there on his Majy's Service, as Advocate Genl, & am not without some interest among 'em, I took Occasion (being there) in the beginning of July to assure 'em that it would be a most acceptable Instance of their Duty to his Majy, & Zeal for the publick good, to contribute as much as they could towards the Service of the Expedition, where upon the Deputy Govr & Councill, wch was then sitting, appointed a Committee of three of their Members to have a Conference wth me at my Lodgings, in wch the Gentle men of the Committee assur'd me in the name of their principals, that upon my advice to 'em, notwithstanding their people had fitted out six privateers, & they had rais'd 300 men for the Expedition, wch was much more than their pro portion among the Colonies, they would proceed to aug ment their forces for the Expedition, wch they inform'd me, they believ'd they should do to 500, wch in proportion would be equal to 3,500 in our Province ; but the day follow ing news arrived by the two first Lieutents that only two Companies were demanded, & no more would be receiv'd from 'em, so that one of their three Companies must be dis- miss'd. What effect that might have upon their Councill, when I left 'em, I know not, but expect to be soon inform'd in a Letter from the Gentlemen of the Committee.
I shall trespass upon yr Grace no longer than to observe that the only Method taken by all his Majy's Govrs upon the Continent to raise Men for the Expedition has been to grant Commissions to the Captains on condition of their raising loo men each, wch is all the share the Govrs have had in
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it ; & that in the Colony of Conneticutt, soon after a Bounty was voted for 500 men, 700 gave in their names to the Governmt, & soon after the same Vote in Rhode Island Colony 300 men were rais'd, even before a Captain was nam'd in either of the Colonies, wch fact is a Demonstra tion that the success of the Levies there was owing entirely to the Spirit of the people ; and I can venture to assure yr Grace it is the Opinion of all unprejudic'd Persons here, & true in fact, that had every one of his Majy's Govrs happen'd to be turn'd out before the Executing of the Com missions for raising of men, & mere Strangers have been sent to execute 'em, not one man less would have been rais'd on that acct, provided those Govrs had not endeavoured to defeat the Service by naming Improper Captains, to whom the people had an Aversion.
I am now to ask yr Grace's Pardon for detaining you so long, & am with the greatest Duty & Gratitude, My Lord Duke,
Yr Grace's most Dutifull
& most Obedt Humble Servt
W. SHIRLEY.
The Vouchers of the facts abovemention'd I have sent to Mr Western, & desir'd him to wait on yr Grace wth them.
COMMISSION TO WILLIAM SHIRLEY, GOVERNOR OF MASSACHUSETTS1
George the Second by the Grace of God, of Great Brit ain France and Ireland King, Defender of the Faith etca. To Our Trusty and Wellbeloved William Shirley Esqr. Greeting. Whereas by a Royal Charter under the Great Seal of England bearing date the Seventh day of October in the third year of the Reign of King William the third, the Colony of the Massachusets Bay, the Colony of New Plymouth, the Province of Main in New England, the Terri-
1P. R. O., C. O. 5, 199, in. Inclosed in Lords of Trade to Duke of Newcastle, July 22, 1741.
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tory of Accadie or Nova Scotia and the Lands lying between the said Territory of Nova Scotia and the Province of Main aforesaid were United Erected and incorporated into one real Province, by the Name of Our Province of the Massachu- sets Bay in New England, and his said Majesty did thereby Grant to Our loving Subjects, the Inhabitants of Our said Province or Territory of the Massachusets Bay in New England, and their Successors, that there shall be a Governor, a Lieutenant Governor and Secretary of Our said Province and Territory, to be from time to time Appointed and Commissionated by the said King William, his Heirs and Successors, with several Privileges, Franchises and Immu nities thereby granted to Our said loving Subjects, And whereas We did by Our Letters Patents Under Our Great Seal of Great Britain bearing date at Westminster the (sic) 1 day of (sic) in the (sic) Year of Our Reign, Consti tute and Appoint Jonathan Belcher Esqr. Captain General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England, for and during Our Will and Pleasure, as by the said recited Patents, relation being thereunto had, may more fully and at large appear; Now know you, that We have revoked and determined, and by these Presents do revoke and determine, the said recited Letters Patents, and every Clause Article and thing therein contained. And further know you, that We, re posing Especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said William Shirley, of Our Especial Grace, certain knowledge and mere Motion, have thought fit to Constitute and Appoint and by these Presents do Constitute and appoint You the said William Shirley to be Our Capt. General and Governor in Chief in and over Our said Province of the Massachusets Bay in New England. And for your better Guidance and direction We do hereby require and Command you to do and exe cute all things in due manner that shall belong unto the Trust we have reposed in you, according to the several Powers and Authorities mentioned in the said Charter,
1 The date is omitted in the original. 29
CORRESPONDENCE OF WILLIAM SHIRLEY
And in these Presents, and such further Powers Instructions and Authorities as you shall receive, or which shall at any time hereafter be granted or Appointed you, under Our Sign Manual and Signet or by Our Order in Our Privy Council, in pursuance of the said Charter, and according to such reasonable Laws and Statutes as are now in force, or which hereafter shall be made and agreed upon, in such manner and form as by the said Charter is directed.
And Our Will and Pleasure is, that you the said William Shirley, after the Publication of these Our Letters Patents, do in the first place take the Oaths appointed to be taken by an Act passed in the first year of his said late Majesty's Reign, Entituled, An Act for the further Security of his Majesty's Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Prot estants and for Extinguishing the hopes of the pretended Prince of Wales and his open and Secret Abettors ; As also, that you make and Subscribe the declaration mentioned in An Act of Parliament made in the 25th Year of the Reign of King Charles the Second, Entituled, An Act for preventing dangers which may happen from Popish Recusants, and likewise that you take the usual Oath for the due Execution of the Office and trust of Our Captain General and Governor in Chief in and over the said Province, as well with Regard to the due and Impartial administra tion of Justice, as otherwise, and further that you take the Oath required to be taken by Governors of Plantations, to do their utmost that the several Laws relating to Trade and the Plantations be Observed ; which said Oaths and declarations Our Council of Our said Province, or any three of the Members thereof, have hereby full Power and Authority, and are required, to tender and Administer unto You and in your Absence to Our Lieutenant Governor of Our said Province, if there be any upon the Place, all which being duely performed, you shall administer to each of the Members of Our said Council, and to Our said Lieutenant Governor, if there be any upon the Place, the Oaths mentioned in the said Act, Entituled, An Act for
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the further Security of his Majesty's Person and Govern ment, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, And for Extinguishing the hopes of the pretended Prince of Wales and his open and Secret Abettors, As also to cause them to make and Sub scribe the foremention'd declaration, and to administer to them the Oath for the due Execution of their Places and Trusts.
As also that you Administer or cause to be administered unto all the Members that shall be Elected to serve in the General Assembly of Our said Province the Oaths mentioned in the said Act, Entituled, An Act for the further Security of his Majesty's Person and Government, and the Succession of the Crown, in the Heirs of the late Princess Sophia, being Protestants, And for Extinguishing the hopes of the pretended Prince of Wales, and his open and Secret Abettors; And likewise cause them to make and Subscribe the foremention'd declaration, and until the same shall be so taken and Sub scribed, no Person shall be capable of sitting, though Elected.
Our further Will and Pleasure is, that you shall and may keep and Use the Publick Seal of Our said Province, for Sealing all things whatsoever, that pass the Great Seal of Our said Province Under your Government.
And We do hereby give and Grant unto You full Power and Authority where you shall see Cause, and shall judge any Offender or Offenders, in Capital or Criminal matters, or for any Fines or Forfeitures due unto Us, fit objects of Our Mercy, to Pardon all such Offenders, and to remit such Fines and Forfeitures, Treason and Wilfull Murder only excepted, in which Cases you shall likewise have Power, upon Extraordinary Occasions, to Grant Reprieves to the Offenders therein, to the End and until our Pleasure shall be further known.
And We do hereby give and grant unto you the said William Shirley, by Your Self or by your Captains and Commanders by you to be Authorised, full Power and Au thority to levy, Arm, Muster, Command and Employ all Persons whatsoever residing within Our said Province and
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Territory of the Massachusets Bay in New England, and as occasion shall require to march them from one place to another, or to Embark them for resisting and withstand ing of all Enemies, Pirates and Rebels, both at Land and Sea, and such Forces, with their own Consent, or with the Consent of Our Council and Assembly, to Transport to any of Our Plantations in America, as occasion shall re quire, for the defence of the same, against the invasion or Attempts of any of Our Enemies ; and such Enemies, Pirates and Rebels, if occasion shall require, to pursue and Prosecute in or out of the Limits of Our said Province, or any part thereof; And if it shall so please God, them to Vanquish, Apprehend and take, and being taken, either ac cording to Law to put to Death, or keep and preserve alive at your Discretion.
We do further give and grant unto you full Power and Authority to Erect, raise and Build within Our Province and Territory aforesaid, such and so many Forts, Platforms, Castles and Fortifications as you shall judge necessary; And the same or any of them to Fortify and furnish with Ordnance Ammunition and all sorts of Arms, fit and neces sary for the Security and defence of Our said Province ; and from time to time to commit the Government of the same to such Person or Persons as to you shall seem meet, and the said Forts and Fortifications again to demolish or dismantle, as may be most convenient; And to do and Execute all and every other thing or things which to a Captain General doth or ought of right to belong, as fully and amply as any other Our Captain General doth or hath usually done according to the Powers hereby granted or to be granted to you.
And We do hereby give and grant unto you the said William Shirley full Power and Authority to constitute and Appoint Captains, Lieutenants, Masters and other Com manders and officers of Ships, and to grant unto such Cap tains, Lieutenants, Masters and other Commanders and Officers of Ships, Commissions to Execute the Law Martial, according to the directions of an Act pass'd in the I3th
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Year of the Reign of King Charles the Second, Entituled, An Act for the better Establishing Articles and Orders for the regulating and better Government of His Majesty's Navys, Ships of War, and Forces by Sea, and to Use such Proceed ings, Authorities, Punishments, Corrections and Execu tions upon any Offender or Offenders who shall be Muti nous, Seditious, Disorderly or any way unruly, either at Sea or during the time of their Abode or Residence in any of the Ports, Harbours or Bays of Our said Province and Territory, as the Cause shall be found to require, accord ing to Martial Law, and the said directions during the time of War, as aforesaid.
Provided that nothing herein contained shall be con strued to the Enabling you, or any by your Authority, to hold Plea or have Jurisdiction of any Offence, Cause, mat ter or thing committed or done upon the high Sea, or within any of the Havens, Rivers or Creeks of Our said Province or Territories under your Government, by any Captain, Commander, Lieutenant, Master or other Officer, Seaman, Soldier or other Person whatsoever, who shall be in actual Service or Pay in or on Board any of Our Ships of War or other Vessels, acting by immediate Commission or Warrant from Our Commissions for Executing the Office of Our high Admiral or from Our high Admiral of Great Britain for the time being under the Seal of Our Admiralty; But that such Captain, Commander, Lieutenant, Master, Offi cer, Seaman, Soldier or other Person so Offending shall be left to be proceeded against and tryed, as the merit of their Offences shall require, either by Commission under Our Great Seal of Great Britain as the Statute of the 28th of Henry the Eighth directs, or by Commission from Our said Commissrs for Executing the Office of Our High Ad miral, or from Our high Admiral of Great Britain for the time being, according to the foremention'd Act, Entituled, An Act for the Establishing Articles and Orders for the regu lating and better Government of Plis Majesty* 's Navys, Ships of War, and Forces by Sea, and not otherwise.
Provided also that all disorders and Misdemeanors com-
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mitted on Shore by any Captain, Commander, Lieutenant, Master or other Officer, Seaman, Soldier or other Person whatsoever, belonging to any of Our Ships of War, acting by immediate Commission or Warrant from Our Commis sioners for Executing the Office of Our high Admiral, or from Our high Admiral of Great Britain for the time being, under the Seal of Our Admiralty, may be tryed and Punished according to the Laws of the Place, where any such Dis orders, Offences and Misdemeanors shall be Committed on Shore, notwithstanding such Offender be in our actual Serv ice and borne in our Pay on Board any such Our Ships of War, or other Vessels Acting by immediate Commission or Warrant from our Commissioners for Executing the Office of Our high Admiral, or from Our high Admiral of Great Britain for the time being, as aforesaid, so as he shall not receive any protection for the avoiding of Justice for such Offences committed on Shore, from any Pretence of his being Employed in Our Service at Sea.
And further Our Will and Pleasure is, that you shall not at any time hereafter by Colour of any Power or Authority hereby Granted or mentioned to be Granted, take upon you to give, grant or dispose of any Office or Place within Our said Province and Territories, which now is, or shall be granted, under the great Seal of Great Britain, any further than that you may, upon the Vacancy of any such Office, or suspension of any Officer by you, put in any Person to Offi ciate in the interval until the said Place be disposed of by us, Our Heirs or Successors, under the Great Seal of Great Britain, or that Our directions be otherwise given therein.
And We do hereby require and Command all Officers and Ministers, Civil and Military, and all other the Inhabit ants of Our said Province and Territory, to be obedient, Aiding and Assisting unto you the said William Shirley, in the Execution of this Our Commission, and of the Powers and Authorities therein contained, , and in Case of your Death or Absence out of Our said Province and Territories, to be Obedient, aiding and Assisting unto such Person as shall be appointed by Us, to be Our Lieutenant Governor or
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Commander in Chief of Our said Province and Territories, to whom We do therefore by these Presents give and Grant all and Singular the Powers and Authorities herein granted, to be by him Executed and Enjoyed during Our Pleasure or until your Arrival within Our said Province.
And if upon your Death or Absence out of Our said Province, there be no Person upon the Place Commissionated or Appointed by Us to be Our Lieut. Governor or Commander in Chief of Our said Province and Territories, Our Will and Pleasure is, that Our Council of Our said Province for the time being do take upon them the Administration of the Government, and Execute Our said Commission and Instructions and the several Powers and Authorities therein contained, in the same manner and to all intents and pur poses, as Our Governor or Commander in Chief of Our said Province and Territories should or ought to do, in Case of Your Absence until your return, or in all Cases until Our further pleasure be known therein : And that in such Case the Eldest Councillor present at each meeting of the said Council shall always preside therein.
And Our Pleasure is, that you the said William Shirley shall and may hold Execute and Enjoy, the Office and Place of Our Captain General and Governor in Chief in and over Our said Province and Territories of the Massa- chusets Bay in New England, with all and Singular the Powers and Authorities hereby granted unto you, for and during Our Will and Pleasure.
And whereas there are divers Colonies adjoining to Our Province of the Massachusets Bay, for the defence and se curity whereof it is requisite that due care be taken in the time of War, We have therefore thought it further neces sary for Our Service, and for the better Protection and Security of Our Subjects Inhabiting those parts, to Consti tute and appoint, and We do by these Presents, Constitute and Appoint you the said William Shirley to be Our Cap tain General and Commander in Chief of the Militia and of all the Forces by Sea and Land, within Our Colonies of Rhode Island and Providence Plantation, the Narragansett
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Country or King's Province, and of all Our Forts and Places of Strength within the same, in time of War or imminent Danger.
And for the better Ordering, Governing and Ruling Our said Militia, and all Our Forces, Forts, and Places of Strength, within our said Colonies of Rhode Island, and Providence Plantation, and the Narragansett Country or King's Province, We do hereby give and Grant unto You the said William Shirley and in your Absence to Our Lieu tenant Governor or Commander in Chief of Our said Province of the Massachusets Bay, all and every the like Powers as in these presents are before Granted and Recited for the Ruling, Governing and Ordering Our Mili tia and all Our Forces, Forts and Places of Strength, within Our Province of the Massachusets Bay, to be Exercised by you the said William Shirley, and in your Absence from Our Territory and Dominion of New England, by Our said Lieutenant Governor or Commander in Chief of Our said Province of the Massachusets Bay, for the time being, within Our said Colonies of Rhode Island and Providence Planta tion and the Narraganset Country or King's Province, dur ing the time of War or imminent Danger as aforesaid.
In witness whereof We have Caused these Our Letters to be made Patents, Witness Our Self at Westminster the [25th] day of [June I74I]1 in the fourteenth Year of Our Reign. Endorsed :
Draught of a Commission
to WILLIAM SHIRLEY Esqr. to be Governor
of the Massachusets Bay. July 10, 1741. June 25. 1741.
1 Shirley's commission as governor appears to have been ap proved by the Privy Council on May 6, 1741. The formal date attached to the writing was, as shown by the indorsement and the text, first set as July 10 and later changed to June 25, 1741. The endeavor to induce the Privy Council to allow Shirley to assent to measures providing for free issuance of Bills of Credit continued from May, 1740, well into July, 1741. In 1730 Governor Belcher had been granted power to consent to an emission of £30,000
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FRANCES SHIRLEY TO THE DUKE OF
NEWCASTLE l MY LORD DUKE,
I have lately heard of an Opportunity of returning to America. I am much asham'd I have not Personaly re- turn'd your Grace thanks for your Goodness to us but I have hitherto Omitted it for fear I shou'd pitch upon an Improper Hour and I thought it better to Omit that part of my Duty than be troublesome.
Mr. Western Informs me that your Grace seems to think that we wou'd desire Mr. Pemberton Naval Officer for Bos ton shou'd be put out of a place wch he appears to have a right to. I think my selfe Oblig'd in my own Justification to Inform your Grace that I apprehend Mr. Pemberton to be now Actualy out for as soon as Mr. Shirleys Commission Arrives no act of Mr. Pembertons will be good so that Mr. Shirley must be Oblig'd to appoint sombody to that Post for Mr. Belchers Appointment of him reaches no farther than the time of his Govt : and I am told that even dureing that time he cou'd have turn'd him out by the Manner of his Appointing him a Coppy of wch I can procure and send your Grace if you please to Command me. I am in some pain least Mr. Shirley seeing it in this light (if he has not your Graces Commands to the Contrary) shou'd by this time have put his Son into the Naval Office for I think it Natural to sup pose that if Mr. Shirley must appoint a Naval Officer it will
annually. This power was continued to Shirley by Committee on Aug. 7, by the Privy Council itself on Sept. 8, and the In structions of Sept. 10, 1741, forbid the increase of this limit (post, p. 47). No more could be issued without the consent of the king. For an instance of this permission see Instructions to Shirley, Sept. 9, 1744, post, p. 144. On Aug. 23, 1741, Shirley acknowledged the receipt of his appointment as governor and in a lengthy letter to Newcastle gives details of the circumstances of the colony and the difficulties arising over the settlement of his salary. The letter is in C. O. 5, 900, i.
1 B. M., Additional Manuscript 32697, 282. A transcript is in the Library of Congress.
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CORRESPONDENCE OF WILLIAM SHIRLEY
be his Son. If that shou'd be the Case and I might presume to aske a Favour in Addition to your late Goodness it shou'd be that your Grace wou'd not Oblige him to turn his Son out again for in that Case it will not only be this loss of a Provi sion for our Son but wou'd lessen Mr. Shirley very much in the Eyes of the People if they shou'd see Mr. Pemberton a man who is held so very Cheap by them prefer'd to the son of Mr. Shirley who they wou'd wish shou'd have a better In terest with your Grace. As to Mr. Shirleys haveing any pre tence of right to dispose of this place I am sure he will readily submit to your Grace and I dare say it will give him more pleasure to receive it as a mark of your Graces Favour than to think it his right. I thought it my Duty to set this affair in as true a light as I cou'd and I am not without hopes that when your Grace Considers how much the Govt : is lessen'd, how large our Family and the Extraordinary ex- pence we must be at in our way of liveing, you will bestow this provission on my Son. Thus far I presume to beg but however your Grace shall determine I shall Allways Ac knowledge that whatever we Injoy of the goods of this World it is Intirely oweing to your Graces goodness and Com passion to an unfortunate Family and I hope your Grace will believe that I shall allways be with the greatest Grati tude and thankfullness
My Lord Duke your Graces Most
Oblig'd most Obedient and Most Humble Servant
Cobham, July the 5th, 1741. F* SHIRLEY-
THE LORDS OF TRADE TO THE DUKE OF
NEWCASTLE 1 MY LORD,
Having prepared a Draught of general Instructions, as likewise of those, which relate to the Acts of Trade and Navigation, for William Shirley, Esqr. whom his Majesty
1 P. R. 0., C. 0. 5, 199, 123. A transcript is in the Library of
Congress.
CORRESPONDENCE OF WILLIAM SHIRLEY
has been pleased to appoint Governor of the Massachusets Bay, We take Leave to inclose the said Draughts to your Grace, together with Our Representation thereupon, and to desire Your Grace will be pleased to lay the same before Their Excellencies the Lords Justices.1 We are, My Lord,
Your Grace's
most Obedient and most humble Servts : MONSON M. BLADEN
Whitehall, R. PLUMER.
July: 22d : 1741.} B. KEENE
His Grace the Duke of Newcastle.
WILLIAM SHIRLEY TO THE DUKE OF NEWCASTLE 2
Boston, Augt. 23, 1741. MY LORD DUKE,
On Thursday se'nnight I had the Honour of receiving his Majy's Commission appointing me his Governour of this Province, wch I had the satisfaction of seeing publish'd with as full & Genl a Testimony of the people's good Will (Mr Belcher's best wishers not excepted) as I could rea sonably expect or desire ; one instance of wch appears in the present made me by both Houses of the Genl Court in the most unanimous manner, towards defraying the Expense of my Equipage &c., of a Larger Sum than what was ever granted before upon the like Occasion ; and that done when I was upon the Spot at the time of my nomination, and of the Arrival of his Majy's Commission.
What Duty and Gratitude are owing from me to yr Grace for this Dispensation of his Majy's favour, if I could fully ex press the sentiments of my Heart in words, I should be able to declare here ; But as those would fall short of doing
1 See Instructions of Sept. 10, p. 43 following.
2 P. R. O., C. O. 5, 900, i.
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CORRESPONDENCE OF WILLIAM SHIRLEY
it, I shall instead of attempting it, give your Grace the utmost assurances of my best Endeavours to discharge my Duty to his Majesty in the most beneficial manner for the Country, wch I am satisfy'd will be the most acceptable acknowledgmts, I can make to yr Grace for all yr goodness to my family.
I am sensible, My Lord Duke, that I am now entring upon the Governmt of a province, where Col. Shute quitted the Chair, & Mr Burnett broke his heart thro the Temper and Opposition of the people ; & Mr Belcher in the midst of his Countrymen fail'd of carrying any one of those points for the Crown, wch might have been expected from him ; and that I enter upon it at a time, when an empty Treasury, an Aversion in the House of Representatives to supply it conformably to his Majy's last Instruction ; a weak and Ruinous Condition of their Fortifications, a bad Spirit rais'd throughout the Country by the Land Bank Scheme, by means of it's being conniv'd at here in it's first rise, re maining uncheck'd so long, that the imprudt manner of en deavouring to check it here afterwards by those who were at the same time endeavouring to support & countenance it at home thro Mr Partridge, only inflamed it ; & Mr Belch er's constant acceptance from year to year of a Diminished Salary, after he had obtain'd leave to take it without in sisting upon his Majesty's Instruction on that head, the value of wch is by that means sunk from abt loool. Sterl. wch had been allow'd by the Genl Court to Governr Bur nett and himself wtha promise to the former of 'em to continue as ample an Allowance, down to the Value of 650!. Sterl. wch seems to have been done by him with some particular View of his own, to secure his station by the smallness of his Salary; are what make up the present Scene of Affairs in the province, whereupon the House of Representatives tell me in their Address, that they are concern'd my Accession to the Chair should be attended with such Difficulties.
I would not have troubled yr Grace with this Detail of the Circumstances of the province (wch yet I shall not despair of wading through in some measure by the help of Patience
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CORRESPONDENCE OF WILLIAM SHIRLEY
and Moderation) if I was not fearfull that, as some Dis putes with the Country seem unavoidable for the service of the Crown, particularly with regard to the present state of the Salary, wch if not brought up again now to the Sum order'd by his Majy, and formerly conceded by the Genl Court, will be endeavoured to be reduc'd yet lower, your Grace might, when you should find me so early engag'd in any Dispute, think it might proceed from Rashness & Indiscre tion on my part, wch I shall always most carefully avoid, and whatever Disputes the Province may have with the Crown, I shall ever decline being drawn into a personal Quarrell with it. I would further beg leave to mention to yr Grace, that as there seems to be a certainty of my not being able to receive a penny of my Salary for a considerable time ; so that I must remain all that while without Support in his Majy's Service, except from the fees & perquisites of the Governmt, wch I be lieve are under the value of lool sterl pr annum, I am oblig'd to appoint my son Clerk of the Naval Office, that I may have some support from thence, wch I would not otherwise have done without first having obtain'd yr Grace's leave for it ; and there was a necessity for me to appoint some Clerk im mediately, unless I would have executed the Post myself (as I may do by virtue of the Act of Parliamt, and did for a few days) by reason that Mr Pemberton's Appointment by Mr Belcher, wch was only during his pleasure (not the King's) expir'd with his principal's Commission, so that Mr Pemberton could not have acted in that Office without a new appointment from me to be my Clerk of it ; Wherefore as the Service of the Crown really required the appointmt wch I have made, in order to support myself in the Discharge of my Duty ; and the way was clear for doing it, the Clerk ship being vacant by the Expiration of Mr Pemberton's appointment, wch he had accepted from Govr Belcher, with his principal's Commission, without my removal of him ; and I am in a worse plight to combat wth the Diffi culties of the Governmt than his Majy's three former Govrs were, who held the Governmt of New Hampshire with the Governmt of this Province, wch is now put under a separate
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Govr ; and the full Salary, fees, and profits of both Governmts united under one Govr were but a scanty Allowance for supporting the Dignity and Honour of his Majy's Governmt, and Provision for a Govr, and his family, when large. I am in hopes that your Grace under these Circumstances will not be displeas'd with what I have done, but permit me to hold the Governmt with the same Extent of all it's perquisites, wch preceeding Governrs held it with, even when N. Hamp shire Governmt was join'd with it, 'till Mr Pemberton brought an Order from his Majy commanding Mr. Belcher to appoint him Clerk of the Naval Office ; especially as Mr Pemberton has had the full Effect of that Order in the manner wch he thought fit to accept it in from Mr Belcher, tho not so full as the Terms of the Order ; and Mr Pemberton has receiv'd at least treble as much as all the Losses pretended to have been sustain'd by him from the French, when he obtain'd his Majesty's Order to Mr Belcher, amounted to; two thirds of wch losses are well known here to have been sustain'd by Merchts now living here, and all of 'em sustained by means of a Contreband Trade : But I pretend to noth ing more in this Affair, than what yr Grace's Goodness will be pleas'd to allow me, by wch Tenure I desire to hold every thing I have, as my best Claim & Title ; and will upon the least signification of yr Grace's pleasure that it shall be so, appoint Mr Pemberton, and remove my son, without any further Commands.
In the mean time that Mr Pemberton, whose whole family consists of himself and his Wife without any prospect of hav ing a child, may not be put to Difficulty in his Circumstances, I shall offer him a Post of the reputed Value of 4 or 500! a year, New England Money, in the County where he chooses to live, viz. the post of Sheriff of the County, or one better, wch he shall be put into possession of at present, if he will accept of it, and design to add something more to it, when I shall have a fair Opportunity of doing it; tho I don't know that his Circumstances require it.
That his Majesty & yr Country may long be blessed with yr Grace's Services, and that yr Grace may long continue an
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CORRESPONDENCE OF WILLIAM SHIRLEY
Honour to the Administration, & the Object of every good man's Esteem & Love, is the ardent Wish & prayer of him, who wth the most gratefull Sense of all yr Grace's Goodness to him is,
My Lord Duke
Yr Grace's most Devoted
& most Obedt Humble Servt
W. SHIRLEY. Endorsed:
Boston Augt 23. 1741
Governor SHIRLEY. # Oct. i4th
THE LORDS JUSTICES TO WILLIAM SHIRLEY1
[General Instructions] BY THE LORDS JUSTICES
Jo. Cant Instructions to William
Grafton Shirley Esqr. His Majes-
Richmond, Lenox, and Aubigny ty's Captain General and Montagu Governor in Chief in and
Hay. over the Province and Ter
ritory of the Massachusets Bay in New England, in America. Given at White hall the loth Day of September 1741 in the Fifteenth Year of His Majesty's Reign.2 —
First. With these His Majesty's Instructions You will receive His Commission under the Great Seal of Great
1 P. R. O., C. O. 5, 199, 127-168. A transcript is in the Library of Congress. The instructions were received Jan. 16, post, p. 79.
2 The names of the Lords Justices and the date and place of signature are in a different hand from the remainder of the manu script.
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Britain, Constituting You Captain General and Governor in Chief in and over His Majesty's Province of the Massa- chusets Bay, and likewise Captain General and Commander in Chief of the Militia, and of all the Forces by sea and Land within the Colonies of Rhode Island, Providence Plantation and the Narraganset Country or King's Province in New England, and of the Forts and Places of Strength within the same ; You are therefore to fit your self with all con venient Speed, and to repair to the said Province of the Massachusets Bay; And being arrived there, You are to take upon you the Execution of the Place and Trust His Majesty has reposed in You, and forthwith to call together the Members of His Majesty's Council in that Province.
2. You are with all due and usual Solemnity to cause His Majesty's said Commission to be read and published at the said Meeting, and Notification to be also given to His Majesty's Colonies of Rhode Island, Providence Planta tion, and the Narraganset Country, of the Power wherewith You are intrusted concerning the Militia, Forces and Forts within the said Colonies and Country, as aforesaid ; which being done, you shall then take and also Administer unto each of the Members of the said Council the Oaths appointed to be taken by An Act passed in the first Year of His late Majesty's Reign, Entituled An Act for the further Security of His Majesty's Person and Government and the Succession of the Crown in the Heirs of the Late Princess Sophia being Protestants, and for Extinguishing the Hopes of the Pretended Prince of Wales and his open and Secret Abettors, as also make and Subscribe, and cause them to make and Subscribe, the Declaration mention'd in An Act of Parliament made in the 25th Year of the Reign of King Charles the Second Entituled, An Act for preventing Dangers which may happen from Popish Recusants, together with an Oath for the due Execution of Your and Their Places and Trusts, as well with regard to the equal and impartial Administration of Justice, in all Causes that shall come before you, as in all other Matters ; And you are likewise to take the Oath required to be taken by Governors of Plantations,
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CORRESPONDENCE OF WILLIAM SHIRLEY
to do their utmost that the Laws relating to the Planta tions be observed.
3. You are forthwith to communicate unto the said Council such and so many of these Instructions, wherein their Advice and Consent are mentioned to be requisite, as likewise all such others from time to time as you shall find convenient for His Majesty's Service to be imparted to them.
4. You are to permit the Members of the said Council to have and Enjoy Freedom of Debate, and Vote in all Affairs of publick Concern, that may be debated in Council.
5. You are from time to time to send to His Majesty by one of His Principal Secretarys of State, and to His Commissioners for Trade and Plantations, the Names and Qualities of the Members appointed to be of the said Council by the first Convenience after such Appointment.
6. And in the Choice and Appointment of the Members of the said Council, and also of the principal Officers, Judges, Justices, Sherrifs and others ; You are always to take Care that they be Men of good life, and well affected to His Majesty's Government, and of good Estates and Abilities, and not necessitous Persons.
7. You are to Observe in the passing of all Laws, that the Style of enacting the same be, by the Governor, Council, and House of Representatives, and no other. You are also as much as possible to observe in the passing of all Laws, that whatever may be requisite upon each different Matter, be accordingly provided for, by a different Law, without intermixing in one and the same Act, such things as have no proper relation to each other ; And you are more especially to take Care that no Clause or Clauses be inserted in, or annexed to any Act, which shall be foreign to what the Title of such respective Act Imports ; And that no perpetual Clause be part of any temporary Law ; And that no Act whatever be Suspended, Altered, Revived, Continued or Repealed by general Words ; But that the Title and Date of such Act so Suspended, Altered, Revived, Continued or Repealed be particularly mentioned and expressed in the Enacting part.
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8. You are to take Care that in all Acts or Orders to be passed within that His Majesty's Province in any case for the Levying Money or imposing Fines and Penalties, express mention be made that the same is granted or re served to His Majesty, His Heirs and Successors, to the publick Uses of that Province, and the support of the Govern ment thereof, as by the said Act or Order shall be directed. And you are particularly not to pass any Law, or do any Act by Grant, Settlement or otherwise whereby His Maj esty's Revenue may be lessened or Impaired without His Majesty's especial Leave or Command therein.
9. And you are not to permit any Clause whatsoever to be inserted in any Law for levying Money or the Value of Money, whereby the same shall not be made liable to be accounted for to His Majesty and to His Commissioners of the Treasury or the High Treasurer for the time being; And Audited by the Auditor-General of the Plantations,, or his Deputy for the time being. And His Majesty does hereby particularly require and enjoyn you, upon pain of His Highest Displeasure to take Care that fair Books of Accounts of all Receipts, and Payments of all publick Moneys be duly kept, and the Truth thereof attested upon Oath, and that the said Books be transmitted every half year or oftner to His Majesty's Commissioners of the Treasury, or High Treasurer for the time being and to the Commission ers for Trade and Plantations, and Duplicates thereof by the next Conveyance ; In which Books shall be specified every particular sum raised or disposed of, together with the Names of the Persons to whom any Payment shall be made, to the End His Majesty may be Satisfied of the right and due Application of the Revenue of the said Province, with the Probability of the Increase or Diminution of it under every Head or Article thereof.
10. And it is His Majesty's express Will and Pleasure, That no Law for raising any Imposition on Wines or other Strong Liquors be made to continue for less than one whole Year; As also that all other Laws whatsoever for the good Government and Support of the said Province, be made
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Indefinite and without Limitation of time ; except the same be for a Temporary service, and which shall expire and have its full Effect within the Time therein prefixt.
11. And whereas Laws have formerly been Enacted in Several of His Majesty's Plantations in America for so short a time, that the Royal Assent or Refusal thereof could not be had thereupon, before the time for which such Laws were enacted, did Expire; You shall not therefore give your Assent to any Law that shall be enacted for a less time than two Years, except in the Cases mentioned in the foregoing Article. And You shall not Re-enact any Law to which the Assent of His Majesty or His Royal Predecessors has once been refused, without express Leave for that purpose first obtained from His Majesty upon a full Rep resentation by you, to be made to His Majesty and to His Commissioners for Trade and Plantations of the Reason and Necessity for passing such Law, nor give your Assent to any Law for repealing any other Law passed in your Government whether the same has or has not received the Royal Ap probation, unless you take Care that there be a Clause in serted therein, suspending and deferring the Execution thereof until His Majesty's Pleasure shall be known con cerning the same.
12. Whereas Acts have been passed in some of His Majesty's Plantations in America for Striking Bills of Credit and issuing out the same in lieu of money in order to dis charge their publick Debts and for other Purposes, from whence several Inconveniencies have arisen, It is therefore His Majesty's Will and Pleasure, that you do not give your Assent to, or pass any Act in the said Province of the Massa- chusets Bay under your Government, whereby Bills of Credit may be Struck or issued in lieu of Money, without a Clause be inserted in such Act declaring that the same shall not take effect, until the said Act shall have been approved and confirmed by His Majesty, His Heirs or Successors, except only for the Annual Support and Service of the Government not exceeding Thirty thousand pounds in such Paper Bills and this Permission to continue only
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until His Majestys further Pleasure shall be known there upon, And you are to take especial care that no more than Thirty thousand pounds of such Bills be ever Current at One and the same time.
13. And whereas An Act of Parliament was passed in the 6th Year of her late Majesty Queen Anne, Entituled, An Act for ascertaining the Rates of foreign Coins in Her Majesty* s Plantations in America, which Act the respective Governors of all the Plantations in America have, from time to time been instructed to observe and carry into due Execution ; And whereas notwithstanding the same, Complaints have been made that the said Act has not been Observed as it ought to have been, in many of His Majesty's Colonies and Plan tations in America, by means whereof many indirect Prac tices have grown up, and various and illegal Currencies have been introduced in Several of the said Colonies and Plantations, contrary to the true Intent and meaning of the said Act, and to the Prejudice of the Trade of His Majesty's Subjects : It is therefore His Majesty's Royal Will and Pleasure, and you are hereby strictly required and Com manded under Pain of His Majesty's highest Displeasure and of being removed from your Government, to take the most effectual Care for the future that the said Act be punctually and bona fide observed and put in Execution, according to the true Intent and meaning thereof.
14. And it is His Majesty's further Will and Pleasure, that you do not give your Assent to, or pass any Act in the said Province of the Massachusets Bay under your Government for any Grants or Payments of an Extraordinary Nature either to you the Governor or to any Lieut. Governor or Commander in Chief, or to any of the Members of the Council or House of Representatives or to any other person whatsoever, without a Clause be likewise inserted in such Act declaring that the same shall not take Effect until the said Act shall have been approved and confirmed by His Majesty, His Heirs or Successors.
15. And whereas His Majesty is Informed that several Bills of Credit to a considerable Value, are already issued
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CORRESPONDENCE OF WILLIAM SHIRLEY
and standing out upon the foot of certain Acts heretofore passed for that purpose whereby particular Funds are provided for the calling in, and Sinking them; You are hereby especially directed to take Care that the said Bills heretofore issued be called in and Sunk according to the Periods and Provisions of the respective Acts by which they were Issued.
16. And Whereas great Mischiefs may arise by passing Bills of unusual and extraordinary Nature and Importance in the Plantations which Bills remain in force there from the time of Enacting until His Majesty's Pleasure be signified to the contrary ; His Majesty does hereby Will and require you not to pass or give your Assent to any Bill or Bills in the Assembly of the said Province of unusual or extraordi nary Nature and Importance wherein His Majesty's Preroga tive or the Property of His Subjects may be prejudiced, the Trade or Shipping of this Kingdom any ways affected, until you shall have first transmitted to His Majesty the Draught of such a Bill or Bills, and shall have received His Royal Pleasure thereupon, unless you take care in the passing of any Bill of such Nature as beforemention'd, that there be a Clause inserted therein, Suspending and deferring the Execution thereof until His Majty's Pleasure shall be known concerning the same. And It is His Majesty's Express Will and Pleasure that no Duty be laid in the Province under your Government upon British Shipping or upon the Product or Manufactures of Great Britain, and that you do not, upon pain of His Majesty's highest Displeasure, give your Assent to any Law whatever, wherein the Natives or Inhabitants of the Province under your Government are put on a more Advantageous footing than those of this Kingdom.
17. You are to take Care that no private Act be passed whereby the Property of any private Person may be affected, in which there is not a Saving of the Right of His Majesty, His Heirs and Successors, all Bodies Politick or Corporate, and of all other Persons except such as are mentioned in the said Act, and those claiming by, from or under them ; And
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further you shall take Care that no private Act be passed without a Clause suspending the Execution thereof, until the same shall have received His Majesty's Royal Approba tion ; It is likewise His Majesty's Will and Pleasure, that you do not give your Assent to any private Act until Proof be made before you in Council (and entered in the Council Books) that publick Notification was made of the Partys Intention to apply for such Act in the several Parish Churches where the Premises in Question lye, for three Sundays at least Successively before any such Act shall be brought into the Assembly ; .And that a Certificate under your Hand be transmitted with and annexed to every such private Act, signifying that the same has passed thro all the Forms above mentioned.
1 8. You are to transmit Authentick Copies of all Laws, Statutes and Ordinances that are now made, and in force, which have not yet been sent, or which at any time hereafter shall be made or enacted within the said Province, each of them separately under the publick Seal, unto His Majesty and to His said Commissioners for Trade and Plantations, within three Months, or by the first Opportunity after their being Enacted, together with Duplicates thereof by the next Conveyance, upon pain of His Majesty's Highest Displeasure, and of the Forfeiture of that Year's Salary wherein you shall at any time, or upon any Pretence what soever omit to send over the said Laws, Statutes, and Ordi nances, as aforesaid, within the time above limited ; As also, of such other Penalty as His Majesty shall please to Inflict. And you are hereby directed to take Care, that the Copies and Duplicates of the said Acts be fairly abstracted in the Margins, but if it shall happen that no Shipping shall come from the said Province within three Months after the making such Laws, Statutes and Ordinances whereby the same may be transmitted as aforesaid, then the said Laws, Statutes and Ordinances are to be transmitted by the next Conveyance after the making thereof whenever it may happen, for His Majesty's Approbation or Disallowance of the same.
19. And His Majesty's further Will and Pleasure is,
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CORRESPONDENCE OF WILLIAM SHIRLEY
that in every Act which shall be transmitted, the Several Dates or respective Times when the same passed the House of Representatives, the Council, and received your Assent, be particularly Expressed. And you are to be as Explicit as may be in your Observations (to be sent to His Majesty's Commissioners for Trade and Plantations) upon every Act, that is to say, whether the same is introductive of a new Law ; Declaratory of a former Law, or does repeal a Law then before in being, And you are likewise to send to His Majesty's said Commissioners the Reasons for the passing of such Law, unless the same do fully appear in the Preamble of the said Act.
20. You are to require the Secretary of the said Province or his Deputy for the time being, to furnish you with Tran scripts of all such Acts and publick Orders as shall be made from time to time together with a Copy of the Journal of the Council ; And that all such Transcripts and Copies be fairly Abstracted in the Margins, to the end the same may be transmitted unto His Majesty and to His Commissioners for Trade and Plantations, as above directed, which he is duly to perform upon pain of incurring the Forfeiture of his Place.
21. You are to require from the Clerk of the House of Representatives or other proper Officer, Transcripts of all the Journals and other Proceedings of the said House, fairly abstracted in the Margins, to the end the same may in like manner be transmitted, as aforesaid.
22. Whereas several Inconveniencies have arisen to His Majesty's Governments in the Plantations by Gifts and Presents made to His Majesty's Governors by the Assemblies, It is His Majesty's Express Will and Pleasure that you do not give your Assent to any Act or Order of Assembly in the said Province of the Massachusets Bay under your Government, for any Gift or Present to be made to you the Governor or Commander in Chief by the Assembly of the said Province, and that you do not receive any Gift or Present from the said Assembly, or others on any Account or in any way whatsoever upon pain of His Majesty's Highest Dis-
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pleasure, and of being recalled from that Government, except only in the manner prescribed in the following In structions.
23. Whereas His Majesty by His Instructions in the 3d Year of His Reign to Jonathan Belcher Esq his late Governor of the Province of the Massachusets Bay, did Order and Direct the said Governor to acquaint the Council and House of Representatives of the Province, that as They hoped to recommend themselves to His Majesty's Royal Grace and Favour, His Majesty expected they should Manifest the same by Establishing a fixed and Honourable Salary for the Support of the Dignity of the Governor there for the time being, and that He Deemed One thousand pounds Sterling pr Annum a Competent Sum for that purpose, to be constantly paid out of such Monies as should from time to time be raised for the Support of the Government and Defence of the Inhabitants of the said Province ; Now it is His Majesty's Express Will and Pleasure, that you rec ommend it in the most pressing and Effectual manner to the Assembly to pass An Act settling a fixed Salary of One thousand pounds Sterling pr Annum clear of all Deduc tions, on your self and your Successors in that Govern ment, or at least on your self during the whole time of your Government. But in case the Assembly should not readily comply with this His Majesty's reasonable recom mendation You may in the mean time for the Support of your Dignity as His Majesty's Governor of the said Province, and you are hereby impowered to give your Assent to such Bill as shall be Annually passed for paying to you a Salary of One thousand pounds Sterling or the Value thereof in Money of that Province, until His Majesty's Royal Pleasure shall be Signified to the contrary. Provided such Act be the first that shall be passed by the Assembly of the said Province before they proceed upon the other Business of that Session wherein such Act shall be proposed.
24. Whereas for some Years past the Governors of some of His Majesty's Plantations have seized and appropriated to their own Use the produce of Whales of several Kinds, taken
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upon those Coasts, upon pretence that Whales are Royal Fishes, which tends greatly to discourage this Branch of Fishery in the Plantations and prevents persons from Settling there; It is therefore His Majesty's Will and Pleasure, that you do not pretend to any such Claim nor give any manner of discouragement to the Fishery of His Subjects upon the Coast of the Province under your Government, but on the contrary that you will give all possible encouragement thereto.
25. And whereas great Prejudice may happen to His Majesty's service, and the Security of the said Province by your Absence from those Parts, without a Sufficient Cause and especial Leave from His Majesty; For the prevention thereof you are not upon any Pretence whatsoever to come to Europe from your Government without having first obtained Leave from His Majesty for so doing under his Sign Manual and Signet, or by Order in His Majesty's Privy Council.
26. Whereas His Majesty has been pleased by His Com mission to direct that in case of your Death, or Absence from the said Province, and in case there be at that time no Person upon the Place Commissionated or appointed by His Majesty to be his Lieutenant Governor or Commander in Chief, the then present Council of the aforesaid Province of the Massachusets Bay shall take upon them the Administration of the Government, and Execute the said Commission and the several Powers and Authorities therein contained in the manner thereby directed ; It is nevertheless His Maj esty's Express Will and Pleasure that in such Case, the said Council shall forbear to pass any Acts but what are immediately necessary for the Peace and Welfare of the said Province without His Majesty's particular Order for that Purpose.
27. Whereas an unwarrantable Practice hath of late Years been introduced into the Proceedings of the Assembly of the Province of the Massachusets Bay, of raising Money and Supplying the Current Service of the Year, by a Vote or Resolve instead of An Act of Assembly, and of reserving
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thereby to the said Assembly, a power of determining what Accounts shall, or shall not be paid even after the Service performed, expressly contrary to the Tenour of the Charter granted to that Province by His Majesty's Royal Pred ecessors King William and Queen Mary, whereby they are empowered to raise Monies for the Support of the Govern ment and for the Defence of the Inhabitants, by Act or Acts of Assembly only; And the issuing of the said Money when raised is expressly reserved to His Majesty's Governor for the time being, with the Advice and Consent of the Council of the said Province ; Now His Majesty's Will and Pleasure is, and He doth hereby require you to take care for the future that no Money be raised, or Bills of Credit Issued in the Province of the Massachusets Bay, but by Act or Acts of Assembly, in which Act or Acts, one, or more Clauses of Appropriation may be inserted, but that the pass ing all Accounts for Payment, and the Issuing of all Monies so raised, or Bills of Credit, be left to the Governor or Com mander in Chief of the said Province, with the Advice and Consent of the Council, according to their Charter, Subject nevertheless to a future Enquiry of the then present, or any other Assembly, as to the Application of such Monies. 28. And whereas His Majesty is willing in the best manner to provide for the support of the Government of the said Province, by setting apart a Sufficient Allowance to such as shall be Governor, Lieut. Governor, or Commander in Chief residing for the time being within the same ; His Majesty's Will and Pleasure therefore is, that when it shall happen that you shall be absent from the said Province, One full Moiety of the Salary and of all Perquisites and Emoluments whatsoever which would otherwise become due unto you, during the time of your Absence from the said Province be paid and satisfied unto such Lieutenant Governor who shall be resident upon the Place for the time being, which His Majesty doth hereby Order and Allot into him towards his Maintenance and for the better Support of the Dignity of that Government; Provided nevertheless, and it is His Majesty's Intent and Meaning,
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That whenever you shall think it necessary for His Service to go into the Colony of Rhode Island, to view and regu late the Militia, whereof His Majesty has appointed you Captain General and Commander in Chief; Or whenever His Majesty shall think fit to require you by His especial Order to repair to any other of His Governments, on the Continent of America for His particular Service, that then and in such Case you shall receive your full Salary, Perquisites and Emoluments, as if you were then actually residing within His Majesty's Province of the Massachusets Bay, any thing in these Instructions to the contrary in any wise notwithstanding.
29. You shall not remit any Fines or Forfeitures whatso ever, above the Sum of Ten pounds, nor dispose of any Escheats or Forfeitures whatsoever until upon signifying to the Commissioners of His Majesty's Treasury or His High Treasurer for the time being and to His Commissioners for Trade and Plantations the Nature of the Offence, and the Occasion of such Fines and Forfeitures or Escheats with the Particular Sums or Value thereof (which you are to do with all Speed) you shall have received His Majesty's Di rections therein ; But you may in the meantime Suspend the Payment of the said Fines and Forfeitures.
30. You are to transmit unto His Majesty and to his Commissioners for Trade and Plantations, with all con venient speed, a particular Account of all Establishments of Jurisdictions, Courts, Offices and Officers, Powers Authori ties Fees and Privileges which shall be granted or Settled within the said Province, together with an Account of all publick Charges relating to the said Courts.; And likewise exact and Authentick Copies of all Proceedings in such Causes where Appeals shall be lodged before His Majesty in His Council.
31. You shall likewise take especial Care with the Ad vice and Consent of the Council, to regulate all Salaries and Fees belonging to Places or paid upon Emergencies that they be within the Bounds of Moderation, and that no Exaction be made upon any Occasion whatsoever ; As also
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that Tables of all Fees be publickly hung up in all Places where such Fees are to be paid ; And you are to transmit Copies of all such Tables of Fees unto His Majesty and to his Commissioners for Trade and Plantations, as aforesaid.
32. And whereas Complaint has been made to His Majesty, that certain illegal and unaccustomed Fees on Shipping have been heretofore exacted, It is His Majesty's further Will and Pleasure, and He does hereby Strictly Command, that neither you the said Governor nor any Governor, Lieut. Governor or Commander in Chief of the said Province of the Massachusets Bay do presume to exact or demand any other Fees than what are legal and have been accustomarily taken by the Governors or Commanders in Chief of that Province, for registring of Ships and for let passes, on any Pretence or Account whatsoever.
33. You are to take Care, that no Man's Life, Member, Freehold or Goods, be taken away or harmed in the said Province under your Government, otherwise than by es tablished and known Laws, not repugnant to, but as much as may be agreeable to the Laws of this Kingdom. And that no Persons for the future be sent as Prisoners to this King dom from the Province under your Government, without Sufficient Proof of their Crimes, and that Proof transmitted along with the said Prisoner.
34. You shall endeavour to get a Law passed (if not already done) for the restraining of any inhumane severity which by ill Masters or Overseers may be used towards their Christian Servants and their Slaves, and that Provision be made therein, that the wilfull killing of Indians and Ne groes may be punished with Death, and that a fit Penalty be imposed for the maiming of them.
35. You are to take Care that all Writs be issued in His Majesty's Name throughout the said Province.
36. You are to take Care, by and with the Advice and Assistance of the said Council, that the Prisons there, if they want Reparation be forthwith repaired and put into and kept in such a Condition as may sufficiently secure the Prisoners that are or shall be there in Custody.
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37. And whereas several Complaints have been made by the Surveyor General and other Officers of His Majesty's Customs in His Majesty's Plantations in America, that they have frequently been obliged to serve on Juries, and per sonally to appear in Arms whenever the Militia is drawn out, and thereby are much hindred in the Execution of their Employments ; His Majesty's Will and Pleasure is, that you take effectual Care, and give the necessary Directions that the several Officers of the Customs be excused and exempted from Serving on any Juries or personally ap pearing in Arms in the Militia, unless in Cases of absolute Necessity, or serving any Parochial Offices which may hin der them in the Execution of their Duties.
38. And whereas the Surveyors General of the Customs in the Plantations are Impowered, in case of the Vacancy of any of the Offices of the Customs by Death, Removal or otherwise, to appoint other Persons to execute such Offices until they receive further Directions from the Commissioners of His Majesty's Treasury or the High Treasurer, or Com missioners of the Customs for the time being; But whereas the Districts of the said Surveyors General are very Exten sive, and that they are required at proper times to Visit the Officers in the Several Governments under their Inspec tion ; And that it may happen that some of the Officers of the Customs in the Province of the Massachusets Bay may Dye at the time when the Surveyor General is absent in some distant Part of his District, so that he cannot receive Ad vice of such Officer's Death within a reasonable time, and thereby make Provision for carrying on the service by ap pointing some other Person in the room of such Officer who may happen to Dye ; Therefore that there may be no De lay given on such Occasions unto the Masters of Ships or Merchants in their Dispatches, It is His Majesty's fur ther Will and Pleasure in case of such Absence of the Sur veyor General, or if he should happen to Dye, and in such Cases only, that upon the Death of any Collector of the Customs within that Province, You shall make Choice of a Person of known Loyalty, Experience, Diligence, and Fi-
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delity to be employed in such Collector's Room for the Pur poses aforesaid, until the Surveyor General of the Customs shall be advised thereof, and appoint another to succeed in their Places, or that further Directions shall be given therein, by the Commissioners of His Majesty's Treasury, or the High Treasurer or by the Commissioners of the Customs for the time being, which shall be first Signified, taking care that you do not under Pretence of this Instruction inter fere with the Powers and Authorities given by the Com missioners of the Customs to the said Surveyor General, when he is able to put the same in Execution.
39. And whereas His Majesty has been graciously pleased to constitute and appoint a Surveyor General of all His Woods in North America, with proper Deputies under him, in order the better to secure and preserve for the use of the Royal Navy, such Trees as shall be found proper for that Service, It is His Majesty's Will and Pleasure, that you be Aiding and Assisting to the said Surveyor and his Deputies ; And that you give Orders to all Officers Civil and Military that they in their several Stations and Places be aiding and assisting to the said Surveyor or his Deputies, in preventing the Destruction of the Woods in that Province or in punish ing such as shall be found offending therein.
40. You shall Administer or cause to be Administered the Oaths mention'd in the aforesaid Act, Entituled, An Act for the further Security of His Majesty9 s Person and Govern ment and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguish ing the Hopes of the pretended Prince of Wales and his open and secret Abettors, to the Members and Officers of His Majes ty's Council and House of Representatives, to all Judges, Justices, and all other Persons that hold any Office or Place of Trust or Profit in the said Province, whether by Virtue of any Patent under the Great Seal of Great Britain, or the Seal of the Massachusets Bay, or otherwise ; And you shall also cause them to make and subscribe the aforesaid Declaration, without the doing of all which you are not to admit any Person whatsoever into any publick Office, nor
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Suffer those who have been admitted formerly, to continue therein.
41. You are to permit a Liberty of Conscience to all Persons (except Papists) So they be contented with a quiet and peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.
42. His Majesty having been graciously pleased to grant unto the Right Reverend Father in God, Edmund Lord Bishop of London, a Commission under the Great Seal of Great Britain, whereby he is impowered to execute Eccle siastical Jurisdiction by himself or by such Commissaries as he shall appoint in the several Plantations in America ; It is His Majesty's Will and Pleasure, that you give all Countenance and due Encouragement to the said Bishop of London or his Commissaries in the legal Exercise of such Ecclesiastical Jurisdiction according to the Laws of the Province under your Government, and to the Tenour of the said Commission, a Copy whereof is hereunto Annexed ; And that you do cause the said Commission to be forthwith registred in the publick Records of the said Province.
43. The said Lord Bishop of London having presented a Petition to His late Majesty, humbly beseeching him to send Instructions to the Governors of all the several Planta tions in America, That they cause all the Laws already made against Blasphemy, Prophaness, Adultery, Forni cation, Polygamy, Incest, Prophanation of the Lord's Day, Swearing and Drunkenness in their respective Govern ments, to be vigorously executed ; and His Majesty think ing it highly Just, that all Persons who shall offend in any of the Particulars aforesaid, should be prosecuted and pun ished for their said Offences, It is therefore His Will and Pleasure that you take due Care for the Punishment of the Aforementiond Vices, and that you earnestly recommend to the Council and House of Representatives of the Massa- chusets Bay, to provide Effectual Laws for the Restraint and Punishment of all such of the aforementioned Vices, against which no Laws are as yet Provided ; And also you are to use your Endeavours to render the Laws in being
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more effectual, by providing for the Punishment of the aforemention'd Vices, by Presentment upon Oath to be made to the Temporal Courts by the Church Wardens of the several Parishes, or other proper Officers to be appointed for that Purpose ; And for the further Discouragement of Vice and Encouragement of Virtue and good living (that by such Example the Infidels may be invited and perswaded to embrace the Christian Religion) you are not to admit any Person to publick Trusts and Employments in the said Province under your Government, whose ill Fame and Conversation may occasion Scandal ; And it is His Majesty's further Will and Pleasure, that you recommend to the As sembly to enter upon proper Methods for the erecting and maintaining of Schools, in order to the training up of Youth to reading and to a necessary Knowledge of the Principles of Religion ; And you are also with the Assistance of the Council and House of Representatives, to find out the best Means to facilitate and encourage the Conversion of Ne groes and Indians to the Christian Religion.
44. You shall send an Account to His Majesty and to His Commissioners for Trade and Plantations by the first Conveyance, of the present Number of Planters and In habitants Men, Women and Children as well Masters as Servants free and unfree, and of the Slaves in the said Province ; As also Yearly Accounts of the Increase or De crease of them and how many of them are fit to bear Arms in the Militia of the said Province.
45. You shall also cause an exact Account to be kept of all Persons Born, Christened and Buried, and you shall Yearly send fair Abstracts thereof to His Majesty and to His Commissioners for Trade and Plantations, as afore said.
46. You shall take Care that all Planters and Christian Servants be well and fitly provided with Arms, and that they be listed under good Officers and when, and as often as shall be thought fit, mustered and trained, whereby they may be in a better readiness for the Defence of the Province under your Government.
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47. But you are to take especial Care that neither the frequency nor Unreasonableness of remote Marches, Mus ters and Trainings be an unnecessary Impediment to the Affairs of the Inhabitants.
48. You shall not upon any Occasion whatsoever establish or put in Execution any Articles of War or other Law Mar tial, upon any of His Majesty's Subjects Inhabitants of the said Province, without the Advice and Consent of the Coun cil there.
49. And whereas there is no Power given you by your Com mission to execute Martial Law in time of Peace, upon Soldiers in pay, and yet nevertheless it may be necessary that some Care be taken for the keeping of good Discipline amongst those that His Majesty may at any time hereafter think fit to send into the said Province, (which may properly be provided for by the Legislative Power of the same) you are therefore to recommend unto the General Assembly of the said Province that (if not already done) they prepare such Act or Law for the punishing of Mutiny, Desertion, and false Musters, and for the better preserving of good Disci pline among the said Soldiers as may best answer those Ends.
50. And whereas by His Majesty's Commission for the Government of the said Province of the Massachusets Bay, He has given you all the Powers and Authorities of any Captain General over His Majesty's Colonies of Rhode Island, Providence Plantation and the Narraganset Country or King's Province, His Majesty's Royal Pleasure and In tention is, that in time of Peace, the Militia within each of the said Colonies be left to the Government and Dis position of the respective Governors of the same, But so as nevertheless in Case of apparent Danger or other Exigency, you do at all times take upon Your self the Superior Com mand of those Forces, as in the said Commission is directed.
51. You are to encourage the Indians upon all Occasions, so that they may apply themselves to the English Trade and Nation rather than to any other.
52. And whereas you will receive from His Majesty's
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Commissioners for executing the Office of High Admiral of Great Britain and of the Plantations a Commission con stituting you Vice Admiral of the said Province of the Massachusets Bay, You are hereby required and directed carefully to put in Execution the several Powers thereby granted you.
53. And there having been great Irregularities in the man ner of granting Commissions in the Plantations to private Ships of War, you are to govern yourself whenever there shall be Occasion according to the Commissions and In structions granted in this Kingdom, Copies whereof will be herewith deliver'd you ; But you are not to grant Com missions of Marque or Reprizal against any Prince or State, or their Subjects in Amity with His Majesty, to any Person what-soever without His Majesty's especial Command, and you are to oblige the Commanders of all Ships having pri vate Commissions or Letters of Marque or Reprizal, to wear the same Ensign as Merchant Ships, and a red Jack with the Union Jack in a Canton at the upper Corner next the Staff.
54. Whereas it is absolutely necessary that His Majesty be exactly informed of the State of Defence of all his Plan tations in America, as well in Relation to the Stores of War that are in each Plantation as to the Forts and Fortifications there, and what more may be necessary to be built for the Defence and Security of the same ; you are so soon as pos sible to prepare an Account thereof with Relation to His Majesty's said Province in the most particular manner; And you are therein to express the present State of the Arms, Amunition and other Stores of War belonging to the said Province, either in any publick Magazines or in the Hands of private Persons, together with the State of all Places either already fortified, or that you Judge necessary to be fortified for the Security of His Majesty's said Province; And you are to transmit the said Accounts to His Majesty and to His Commissioners for Trade and Plantations, As also a Duplicate thereof to His Majesty's Master General or Principal Officers of his Ordnance, which Accounts are
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to express the particulars of Ordnance, Carnages, Ball, Powder and all other Sorts of Arms and Amunition in His Majesty's publick Stores at your Arrival, and so from time to time of what shall be sent to you or bought with the pub- lick Money, and to Specify the time of the Disposal and the Occasion thereof, and other like Accounts half Yearly in the same manner.
55. You are to take especial Care that fit Storehouses be Settled in His Majesty's Province of the Massachusets Bay, for receiving and keeping of Arms, Amunition and other publick Stores.
56. And whereas His Majesty's Royal Predecessors have been constantly at great Charge in sending thither and maintaining Ships of War to Cruize upon the Coasts of that Province, in order to their Protection against Enemies by Sea ; You are therefore to require and press the Council and House of Representatives vigorously to exert themselves in fortifying all Places necessary for the Security of the said Province by Land, and in providing what else may be neces sary in all Respects for their further Defence; In order whereunto you are also to cause a Survey to be made of all the considerable Landing Places and Harbours within the said Province, and with the Advice of His Majesty's said Council to erect in any of them such Fortifications as shall be necessary for their Security and Advantage.
57. You shall transmit to His Majesty and to His Com missioners for Trade and Plantations, by the first Oppor tunity, a Map with the exact Description of the whole Terri tory under your Government, with the several Plantations and Fortifications upon it, and you are likewise to use your best Endeavours to procure a good Map to be drawn of all the Indian Country in the Neighbourhood of His Majesty's Plantations in those Parts, marking the Names of the sev eral Nations as they call themselves, and are called by the English and French, and the Places where they Inhabit, and to transmit the same in like manner.
58. You are from time to time to give an Account, as be fore directed, what Strength your Neighbours have (be they
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Indians or others) by Sea and Land, and of the Condition of their Plantations, and what Correspondence you do keep with them.
59. And in case of any Distress of any others of His Majesty's Plantations, You shall, upon Application of the re spective Governors thereof to you, assist them with what Aid the Condition and Safety of the Province under your Government can permit; And more especially in case the Province of New York be at any time Invaded by an Enemy, You are to call upon the Council and House of Represen tatives of the Massachusets Bay to make good in Men (or Money in lieu thereof) their Quota of Assistance according to the Repartition formerly sent thither, assuring them that in case of the like Invasion of the Province of the Massachu sets Bay, they will be mutually assisted from New York.
60. You are to examine what Rates and Duties are charged and payable upon any Goods Imported and Exported within the said Province, whether of the Growth or Manufacture of the said Province or otherwise ; And you are to Suppress the Engrossing of Commodities as tending to the Preju dice of that Freedom which Trade and Commerce ought to have ; And to use your best Endeavours in the Improving the Trade of those Parts by Settling such Orders and Regu lations therein, with the Advice of the said Council, as may be most acceptable to the Generality of the Inhabitants ; And to send unto His Majesty and to His Commissioners for Trade and Plantations Yearly or oftner, as Occasion may require, the best and most particular Account of any Laws that have at any time been made, Manufactures set up or Trade carry'd on in the Province of the Massachusets Bay, which may in any wise affect the Trade and Naviga tion of this Kingdom.
61. And you are to give all due Encouragement and In vitation to Merchants and others who shall bring Trade unto the said Province, or any way contribute to the Advantage thereof; and in particular to the Royal African Company, and other His Majesty's Subjects trading to Africa.
62. Whereas His Majesty has been informed that during
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the time of War His Enemies have frequently got Intelli gence of the State of the Plantations by Letters from pri vate persons to their Correspondents in Great Britain, taken on Board Ships coming from the Plantations, which has been of dangerous Consequence : His Majesty's Will and Pleasure therefore is, that you signify to all Merchants, Planters and others, that they be very cautious in time of War, whenever that shall happen, in giving any Account by Letters of the publick State and Condition of the Province of the Massachusets Bay; And you are further to give Directions to all Masters of Ships or other Persons to whom you may intrust your Letters, that they put such Letters into a Bag with a Sufficient Weight to Sink the same immedi ately in case of imminent Danger from the Enemy ; And you are also to let the Merchants and Planters know how greatly it is for their Interest, that their Letters should not fall into the Hands of the Enemy, And therefore that they should give the like Orders to Masters of Ships in relation to their Letters ; And you are further to Advise all Masters of Ships, that they do Sink all Letters in case of Danger in the Manner beforementioned.
63. And whereas in the late Wars the Merchants and Planters in America did correspond and trade with His Majesty's Enemies, and carry Intelligence to them, to the great Prejudice and Hazard of the British Plantations, you are therefore by all possible Methods to endeavour to hin der all such Trade and Correspondence in Time of War.
64. Whereas by the 5th and 6th Articles of the Treaty of Peace and Neutrality in America, concluded between Eng land and France the 6/16 Day of November 1686, The Subjects and Inhabitants of each Kingdom are prohibited to Trade and Fish in all Places possessed or which shall be possessed by the other in America, and that if any shall be found trading contrary to the said Treaty, upon due proof, the said Ship shall be confiscated ; But in case the Subjects of either King shall be forced by Stress of Weather, Enemies or other Necessity, into the Ports of the other in America, they shall be treated with Humanity and Kind-
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ness, and may provide themselves with Victuals and other Things necessary for their Sustenance and Reparation of their Ships, at reasonable Rates ; Provided they do not break Bulk, nor carry any Goods out of their Ships, Exposing them to Sale, nor receive any Merchandize on Board, under Penalty of Confiscation of Ship and Goods ; It is therefore His Majesty's Will and Pleasure, that you Signify to all His Subjects under your Government the Purport and In tent of the abovesaid two Articles ; And that you take partic ular Care that none of the French Subjects be allowed to trade from their said Settlements to the Province under your Government, or fish upon the Coasts thereof.
65. Whereas Commissions have been granted unto sev eral Persons in His Majesty's respective Plantations in America for the trying of Pirates in those Parts, pursuant to the Acts for the Effectual Suppression of Piracy; And by a Commission already sent to the Province of the Massa- chusets Bay, you (as Captain General and Governor in Chief of the said Province) are empowered together with others therein mentioned to proceed accordingly, in refer- rence to the said Province ; His Majesty's Will and Pleasure is, that in all Matters relating to Pirates you Govern your self according to the Intent of the said Acts and Commission.
66. Whereas His Majesty has thought it necessary for His Royal Service to constitute, authorize and appoint a Receiver General of the Rights and Perquisites of the Ad miralty, It is his Express Will and Pleasure that you be Aiding and Assisting to the said Receiver General, his Deputy or Deputies in the Execution of the said Office of Receiver General, and does hereby enjoin and require you to make up your Accounts with him, his Deputy or Deputies of all Rights of Admiralty (Effects of Pirates included) as you or your Officers have received, or shall or may receive for the future, and to pay over to the said Receiver General, his Deputy or Deputies for His Majesty's Use, all such Sum or Sums of Money as shall appear upon the foot of such Ac counts to be and remain in your Hands or in the Hands of any of your Officers ; And whereas the said Receiver Gen-
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eral is directed in case the Parties chargeable with any Part of such Revenue, refuse, neglect or delay Payment thereof by himself or Sufficient Deputy, to apply in His Majestys Name to the Governors, Judges, Attorneys General or any others His Majesty's Officers or Magistrates, to be aiding and assisting to him in recovering the same ; Now you the Governor, the Judges, the Attorney General and all other His Majesty's Officers whom the same may concern are hereby required to use all lawful Authority for the recovering and levying thereof.
67. Whereas it is very necessary for His Majesty's Serv ice that there be an Attorney General appointed and Set tled who may at any time take Care of His Majesty's Rights and Interests within the said Province, you are with all con venient Speed to Nominate, with the Advice and Consent of the Council or Assistants, a fit Person for that Trust ; And whereas His Majesty has been informed that the General Court have taken upon them to Name this Officer, You are therefore to signify to them, that His Majesty conceives that Nomination to be his undoubted Right, And you are not to Suffer any Person to Act in that Station but such as shall be Nominated by you, as aforesaid.
68. And whereas an Act was passed here in the 3d and 4th Years of Queen Anne, Entituled, An Act for encouraging the Importation of Naval Stores from Her Majesty' }s Plantations in America, and another passed in the 9th Year of the said Queen's Reign, Entituled, An Act for the Preservation of White and other Pine Trees growing in Her Majesty9 s Colonies of New Hampshire, the Massachusets Bay, and Province of Main, Rhode Island and Providence Plantation, the Narraganset Country or King's Province, and Connecticut in New England, and New York and New Jersey in America, for the Masting Her Majesty's Navy; And also An Act passed in the 8th Year of his late Majesty's Reign, Entituled, An Act giving fur ther Encouragement for the Importation of Naval Stores, and for other Purposes therein mentioned; Yet nevertheless His Majesty has been informed that great Spoils are daily com mitted in His Woods, in the Province of Main, and other
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Parts within your Government of the Massachusets Bay, by Cutting down and converting to private Use, such Trees as are or may be proper for the Service of the Royal Navy ; And it being necessary that all such Abuses which tend so evidently to deprive His Majesty of those Supplies, be ef fectually redressed ; It is His Majesty's Will and Pleasure, that you take Care and give in Charge, that the said Acts as also that, passed in the 2d Year of His present Majesty's Reign Entituled, An Act for the better Preservation of His Majesty's Woods in America and for the Encouragement of the Importation of Naval Stores from thence, and to encourage the Importation of Masts, Yards and Bowsprights from that Part of Great Britain, called Scotland, and every Clause, Article and Proviso therein be Strictly and duly comply'd with.
69. You are to take all possible Care in the granting of any Lands within the Province under your Government not already disposed of, that such Limitations and Methods be observed as may best tend to the Safety and due Im provement of the said Province.
70. You are from time to time to give unto His Majesty and to His Commissioners for Trade and Plantations, as aforesaid, an Account of the Wants and Defects of the said Province, what are the chief Products thereof, what New Improvements are made therein by the Industry of the Inhabitants or Planters, and what further Improvements you conceive may be made or Advantages gained by Trade, and which way His Majesty may contribute thereunto.
71. If any thing shall happen which may be of Advantage or Security to the said Province under your Government, which is not herein or by your Commission provided for, His Majesty doth hereby allow unto you with the Advice and Consent of the said Council to take Order for the pres ent therein, giving to His Majesty by One of His Principal Secretaries of State, and to the foresaid Commissioners for Trade and Plantations, Speedy Notice thereof, that so you may receive His Majesty's Confirmation if He shall approve the same, Provided always and His Majesty's Will and
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Pleasure is, that you do not by any Colour of any Power or Authority hereby given you, commence or declare War without His Majesty's Knowledge and particular Commands therein, except it be against Indians upon Emergencies, wherein the Consent of the Council shall be had, and Speedy Notice thereof given to His Majesty, as aforesaid.
72. Whereas Disputes and Controversies have for many Years subsisted between His Majesty's loving Subjects of the Province of the Massachusets Bay and New Hampshire in New England, in regard to the Boundaries between the said Provinces And whereas His Majesty was pleased by his Order in Council dated 22d January 1735, to direct that Commissioners should be appointed to mark out the divid ing Line between the said Provinces, and also by His Order in Council of the 9th February 1736, to direct that a Com mission should be prepared and passed under the Great Seal (which said Commission was accordingly issued out) for Authorizing such Commissioners to meet within a limited time, "to mark out the Dividing Line between the said Provinces, with Liberty to either Party who should think themselves aggrieved by the Determination of the said Commissioners, to appeal therefrom to His Majesty in Council ; Which said Commissioners did make their Report in the following Words."
"In Pursuance of His Majesty's aforesaid Commission, the Court took under Consideration the Evidences, Pleas and Allegations offered and made by each Party, referring to the Controversy depending between them, and upon Mature Advisement on the whole, a Doubt arose in point of Law, And the Court thereupon came to the following Resolution Vizt.
"That if the Charter of King William and Queen Mary, dated October the 7th in the third Year of their Reign, grants to the Province of the Massachusets Bay, all the Lands which were granted by the Charter of King Charles the first, dated March the 4th in the fourth Year of his Reign, to the late Colony of the Massachusets Bay, lying to the Northward of Merrimack River, Then the Court
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adjudge and determine that a Line shall run Parallel with the said River at the Distance of three English Miles North, from the Mouth of the said River, beginning, at the Southerly Side of the Black Rocks, so called, at low Water Mark, and from thence to run to the Crotch or Parting of the said River, where the Rivers of Pemigewasset and Winnepiseokee meet, and from thence due North three English Miles, and from thence due West towards the South Sea until it meets with His Majesty's other Governments which shall be the Boun dary, or dividing Line between the said Provinces of the Massachusets Bay and New Hampshire on that side; But if otherwise, then the Court Adjudge and determine, that a Line on the Southerly Side of New Hampshire beginning at the Distance of three English Miles North from the Southerly Side of the Black Rocks aforesaid at low Water Mark, and from thence running due West up into the main Land towards the South Sea, until it meets with His Majesty's other Governments, shall be the Boundary Line between the said Provinces on the side aforesaid ; Which point in doubt with the Court, as aforesaid, they humbly Submit to the wise Consideration of his most Sacred Majesty in his Privy Council, to be determined according to His Royal Will and Pleasure therein ; And as to the Northern Boun dary between the said Provinces, the Court resolve and determine that the dividing Line shall pass up thro the Mouth of Piscataqua Harbour, and up the Middle of the River, into the River of Newickwannock (Part of which is now called Salmon Falls) and thro the Middle of the same to the furthest Head thereof, and from thence North, two De grees Westerly until One hundred and twenty Miles be finished from the Mouth of Piscataqua Harbour aforesaid, or until it meets with His Majesty's other Governments, And that the dividing Line shall part the Isles of Shoals, and run thro the Middle of the Harbour between the Is lands to the Sea on the Southerly Side ; And that the South- westly Part of the said Islands shall lye in and be accounted Part of the Province of New Hampshire, And that the North easterly Part thereof shall lye in and be accounted Part of
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the Province of the Massachusets Bay, and be held and en joyed by the said Provinces respectively in the same Manner as they now do, and have heretofore held and enjoyed the same ; — And the Court do further adjudge that the Cost and Charge arising by taking out the Commission, as also of the Commissioners and their Officers, Vizt. The two Clerks, Surveyor and Waiter, for their Travelling Expences and attendance in the Execution of the same, be equally born by the said Provinces."
And whereas Appeals from the Determination of the said Commissioners have been laid before His Majesty, by the Agents for the respective Provinces of the Massachusets Bay and New Hampshire, which said Appeals have been heard before the Committee of Council for hearing Appeals from the Plantations, who, after having Considered the whole Matter, and heard all Parties concerned therein, did report unto his Majesty as their Opinion, "That the North ern Boundaries of the said Province of the Massachusets Bay are and be a Similar Curve Line, pursuing the Course of Merrimack River at three Miles distance on the North Side thereof, beginning at the Atlantick Ocean, and ending at a Point due North of a Place in the Plan returned by the said Commissioners called Pantucket Falls, and a Strait Line drawn from thence due West cross the said River, un til it meets with his Majesty's other Governments, And that the rest of the Commissioners said Report or Deter mination be Affirmed by His Majesty, which said Report of the said Committee of Council, His Majesty hath been pleased with the Advice of His Privy Council to Approve, and to Declare, Adjudge and Order, That the Northern Boundaries of the said Province of the Massachusets Bay are and be a Similar curve Line, pursuing the Course of Merrimack River at three Miles distance on the North Side thereof, beginning at the Atlantick Ocean and ending at a Point due North of a Place in the Plan, returned by the said Commissioners called Pantucket Falls, and a Strait Line drawn from thence due West cross the said River, till it meets with His Majesty's other Governments, and to
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Affirm the rest of the Commissrs. said Report or Determina tion ; Whereof the Governor or Commander in Chief of His Majesty's said Provinces for the time being, as also His Majesty's respective Councils and Assemblies thereof, and all others whom it may concern, are to take Notice."
It is therefore His Majesty's Will and Pleasure, and you are hereby required and enjoined, under Pain of His Majes ty's Highest Displeasure and of being removed from your Government, to take especial Care that His Majesty's Commands in this Behalf be executed in the most effectual and expeditious Manner, to the End that His Majesty's good Intentions for promoting the Peace and Quiet of the said Provinces may not be frustrated or delayed. You are likewise hereby directed to communicate this Instruction to the Council and House of Representatives of His Majesty's said Province of the Massachusetts Bay, and to cause the same to be entred in the Council Books thereof.
And for your further Information herein An Authentick Copy of the Plan returned by the said Commissioners is hereunto annex'd.
73. You are upon all Occasions to send unto His Majesty by One of His Principal Secretaries of State, and to the Commissioners for Trade and Plantations a particular Ac count of all your Proceedings and the Condition of Affairs within your Government.
I.C.
G.
R. L. and A.
M.
I.1
Endorsed :
Draught of Instructions
to William Shirley Esqr. Govr. of Massachusets Bay. Sepr. loth 1741.
1 The initials of the signers are in another hand. 72
CORRESPONDENCE OF WILLIAM SHIRLEY
THE LORDS JUSTICES TO WILLIAM SHIRLEY1
[Instructions for Trade] BY THE LORDS JUSTICES
J. Cant Orders and Instructions to
Grafton William Shirley Esqr. His
Richmond, Lenox and Aubigny Majesty's Captain General Montagu and Governor in Chief in
Hay. and over the Province and
Territory of the Massachu- sets Bay, in New England, in America, In pursuance of several Laws relating to the Trade and Naviga tion of the Kingdom of Great Britain and His Maj esty's Colonies and Plan tations in America. Given at Whitehall the loth day of September 1741. in the fifteenth Year of His Maj esty's Reign.2
First. You shall inform yourself of the principal Laws relating to the Plantation Trade, Vizt. the Act for the en couraging and encreasing of Shipping and Navigation, made in the I2th Year of the Reign of King Charles the Second, the Act for preventing Frauds and regulating Abuses in His Majesty' }s Customs, made in the I4th Year of the said King's
1 P. R. O., C. O. 5, 199, 171-205. A transcript is in the Library of Congress. These Instructions for Trade are verbally the same as those given Benning Wentworth, Governor of New Hampshire, July 21, 1741.
2 The names of the Lords Justices and the