QfarneU Ititcerattg Eihratg Stljata. ^tm fork Q^,r^JU^^xX^,uC^.rr^<^£^ Cornell University Library El 95 .S55 William Shirley, Governor of Massachuset olin 3 1924 032 746 657 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032746657 WILLIAM SHIRLEY Governor of Massachusetts, 1741-1756 A HISTORY Volume I GEORGE ARTHUR WOOD, A. M. Asaiitant Profeator of American Mistory Ohio Stale University SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN THE Faculty of Political Science Columbia University NEW YORK 1920 F\4c\S4i^ COPYKIGHT, 1920 BY GEORGE ARTHUR WOOD MY WIFE MY INSPIRATION TO PERSEVERANCE IN EFFORT AND MY LOYAL AND EFFICIENT CO-WORKER TABLE OF CONTENTS PACE CHAPTER I Lares and Penates ii CHAPTER II The English PoUtical and Administrative Background 15 CHAPTER III Services as Advocate-General 35 CHAPTER IV The Downfall of Governor Belcher 63 CHAPTER V Taking Up the Reins of Government 92 CHAPTER VI The Salary Question and the Problem of Defense no CHAPTER VII Establishing an Imperial Policy 132 CHAPTER VIII Reforms, Chiefly Economic 155 CHAPTER IX Meeting the Outbreak of War 181 CHAPTER X Measures for Defense— Annapolis 202 CHAPTER XI Lotusburg — Organizing a Coup 220 5 6 TABLE OF CONTENTS PACE CHAPTER XII Louisburg— Preparations 257 CHAPTER XIII Louisburg— The Expedition 281 CHAPTER XIV Planning tlie Conquest of Canada 295 CHAPTER XV The Conquest of Canada Undertaken and Abandoned 315 CHAPTER XVI The Tide in America Changes , 338 CHAPTER XVII Fighting for the Status Quo 359 CHAPTER XVIII Politics Versus Gratitude 375 CHAPTER XIX The Harvest of the War — Reimbursement for the Louisburg Expe- dition 398 Bibliography 414 Index 425 PREFACE Pahadoxically, Governor \Mlliam Shirley has enjoyed the reputation of something approximating if not actually exanplifying greatness, while the history of his time has been r^arded as one of monotony and heaviness rdieved by occasional dramatic incidents which stood out in higher relief because of the obscurity in which a gray twilight has enveloped their background. The judgment has been generally expressed that the period of colonial history within which Shirley's career falls, that lying between the English Revolution and the events just before the American Revolution, is without great intrinsic significance. Re- cently, however, a considerable number of monographs have been written dealing with matters falling within this period and the time is perhaps approaching when the darkness in which it has been shrouded will be dissipated. Meanwhile the writer ventures the judgment that it is not a gulf sep- arating significant periods of history, not a no man's land in which the historical student is likely to happen upon dis- aster, but a field whose essential significance is likely to re- ceive an increased recognition with the passage of time. Without intensive study of it a proper evaluation cannot be made of the merits of the imperial policies of Ei^laiid under the house of Orange and the early Hanoverians nor of the reactions of the colonists to those policies which ulti- mately led to the American Revolution. The present study was imdertaken without other plan 7 8 PREFACE than to place a colonial administrator in his proper setting. As the material for the work was collected it became aj^- parent that Shirley was more truly an imperial than a colcwi- ial figure, despite geographic limitations. This fact made necessary an attempt to present an imperial backgroimd. It also furnished the guide to the method of treatment. This has been directed toward the production of a picture of colonial problems in a process of evolution in an im- perial setting ; necessarily often partial and even fragmentary in scope but dealing with parts which found their unity in political, economic and social forces which bound together two hemispheres, making the Atlantic something more than an English lake. Along with this unity, representing the established and the " usual " in the English imperial system, there is a lesser unity, that of the Americans standing for a polity made up of elements some of which were wholly English and unchallenged at home and others rather de facto than regular and accepted. The latter, including those elements which the home government did not seriously attempt to regulate and those which they failed in the ef- fort to control, make up the stream of forces which should prove most significant to the student of the causes of the American Revolution. It is perhaps needless to say that while Shirley has proved a very interesting personality he has been of the great- est service to my work by his connection with so wide a range of activities and in such significant ways that his public life included some of the most important phases of the history of his times. The period of Shirley's active career covered by this volume is that from 1 731 to 1749, the first decade spent as a lawyer and much of it as advocate-general of the court of ▼ice-admiralty for the northern district, land the latef period as governor of Massachusetts. In each period his PREFACE 9 activity and influence were much more extensive than the offices held would suggest. For my introduction to Shirley I am indebted to the late Professor Herbert L. Osgood of Coltombia University. It was also my privilege to collect considerable of my material in Boston under his general supervision and to sit at his side in the Public Record Office in London where he shared with me the use of the fresh proof-sheets of volume II of Professor Charles M. Andrews' guide to the materials for American history in that depository. The work of composition had been begun but had not been carried far enough to receive the criticism which Professor Osgood was so richly equipped to give before his last sacrifice on be- half of historical scholarship had been made. Professor \A'illiam A. Dunning of Columbia University has given very valuable assistance and counsel in the prep- aration of the manuscript for the press. I ami deeply in- debted to Professor Henry R. Spencer of Ohio State University for his many very helpful suggestions for the improvement of the manuscript. Professor Arthur M. Schlesinger, of the State University of Iowa, Professor Charles C. Huntington of Ohio State University and Pro- fessor Ehner B. Russell, of the University of Nebraska, have each read portions of the earlier chapters of the volume, making valuable suggestions, chiefly as to form. The last also very kindly placed in my hands references to Shirl^ material in the Public Record Office which had come to his notice there while investigating another subject The extent to which I am indebted to the first of the two volumes of Shirley correspondence edited by Mr. Lincoln appears from the frequent references to its contents. This stud}'^ would not have been possible along the lines which have been followed without the light thrown upon almost all questions of importance by unpublished documents lO PREFACE in the Public Record Office. Great assistance has also been received from manuscript material in the Massachusetts Archives, in the early court records of Massachusetts, and in several other collections listed in the bibliographical note at the end of the volume. George A. Wood. Ohio State University, February 23, 1920. CHAPTER I Lares and Penates Ample records which reverent historians of the Shirley family have patiently collected make it obvious that the governor was a gentleman connected by blood with many noble families, among whose members were some even of royal descent.'- These aristocratic connections, however, 1 The family emerges from the mists of tradition in the person of one iSaswalo or Sewallis de Eatingdon, who rouses interest by possessing large estates in four different counties just after the conquest of England by William the Norman. After two generation® the head of the house of Sewallis chose to call himself by the surname Shirley, after one of his estates in Derbyshire, and from this time forth (save for a lapse of a generation) the family was known under the Shirley name. -Later Shirleys acquired through marriage Wiston and Preston in Sussex which were the chief manors of the younger line from which the future governor sprang. The alliances of the Shirleys with numer- ous noble families, in addition to bringing considerable landed estates to them, also gave them an enviable social position in the England of that day. Although the governor's line was a younger one it shared in the importance arising from alliances of elder lines, with the royal Plantagenet line of England through the earls of Essex, with those of the dukes of Buckingham, Norfolk and Rutland, and with those of the earls of Bath and Northampton. The governor's own line, in a much more modest way, acquired local importance in Sussex by intermarriage with neighboring nobility, among whom was included a descendant, five generations removed, of Llewellyn, Prince of Wales. An ancestor of Governor Shirley, of the same generation as Llewellyn, was the father- in-law of Thomas de la Warr, governor of Virginia in 1609. References for this note will be found in : Shirley, Stemmata Shirleiana (Westminster, 1841), pp. 2-247, passim; Burke, A Genealogical and Heraldic History of the Landed Gentry of Great Britain (London, 1914), p. 1708; The Victoria History of the Counties of England, Warwickshire (London, 1904), vol. i, pp. 281-282, 327; Ancestor, 1902, no. 3, pp. 214-218; Shirley, Lower Eatington (London, 1869), pp. 6-22; Collins, Peerage of England (London, 1779), vol. i, pp. 267-278. 12 WILLIAM SHIRLEY— A HISTORY were auxiliary to native ability and intense application in bringing to Shirley distinction in life, for without the latter qualifications it is not conceivable that he would ever have risen to high station. In an age in which the normal grounds for political preferment ranged from personal friendship to bribery or treason, a career of large accomplish- ment, based primarily upon merit, was distinctly unusual. Governor Shirley's political fortunes seem to have been nourished, aside from his record as a public servant, largely by the fruits of alliances contracted by his own branch of the family (that in Sussex) within four generations of his own times.^ More especially, it is apparent that the alliances and succeeding intimacy between the Sussex Shirleys and the Pelhams constituted a vital factor in the friendly envir- onment in which Shirley won success. In truth an essential fact in Shirley's career as a public man was his success in securing from Thomas Pelham-HoUes, Duke of Newcastle, 1 The Pelhams, with whom the Shirleys were connected by marriage, while possessed of large estates in many parts of England, were pri- marily a Sussex family. Thomas Pelham-HoUes, the Duke of New- castle, who became Shirley's patron, had his seat there. Shirley's an- cestors were related to those of the duke, and other alliances between the Pelhams and the Sussex branch of the Shirley family had been formed within four generations of the governor's time. The great- grandfather of the duke married a Shirley and there is evidence of great intimacy between the families during the lifetime of this ancestor. Second only to the alliances with the Pelhams in importance were those of the Shirleys with the Onslows. Their coimection with this family was even closer than with the Pelhams. The chief representa- tive of the Onslow family in Shirley's day was Arthur Onslow, Esquire, Speaker of the House of Commons. His ancestor, fourth removed in the direct male line, had married Isabel Shirley of Preston, apparently of the governor's line. The above facts relating to the connection between the Shirleys and the Pelhams and Onslows will be found in Collins, op. cit., vol. vii, pp. 242-252, and vol. viii, pp. 122-134. Cf. also, British Historical Manti- scripts Commission Report (London, 1874-1917), vol. xiv, appendix ix, p. 476- LARES AND PENATES 13 his potent backing.^ This raised him, though somewhat tardily, to an official eminence ensuring a sufficient field of activity for an able and ambitious man, and maintained him in it until he had impressed his personality upon affairs of large import. No especial lustre, however, attended the entrance of the future governor into this world. As the descendant of members of a younger line, he found the effect of earlier advantageous marriages upon the fortunes of his ancestors almost completely neutralized. The lowest ebb of material well-being was perhaps reached by his paternal grandfather, an apparently landless younger son. His father, William Shirley, presumably retrieved the situation somewhat by becoming a merchant of London. He also established his own status (and that of his son) as a country gentleman, by marrying the heiress of Ote Hall, Wivelsfield, Sussex.^ It was to such moderate prospects as these that William Shirley was born at Preston in Sussex in 1694, and even these became less flattering with the death of his father only seven years later.* The future governor, however, received a liberal educa- tion. He studied first at Cambridge and then was bred to the law at the Inner Temple.^ Seven^ years were spent at 1 Shirley, in addition to a personal acquaintance with the duke, also had prominent friends who were on free terms with him and well ac- quainted with the whole Pelham family. Massachusetts Historical So- ciety Collections, sixth series, vols, vi and vii. Belcher Papers (Boston, 1893-1894), pt. ii, pp. IS4, 525; The Correspondence of William Shirley (Lincoln, ed., New York, 1912), vol. i, p. 10. 'This estate, which later fell to the governor, was apparently not ex- tensive. Cf. Publications of the Colonial Society of Massachusetts, vol. xii, p. 45. 'Stemmata Shirleiana, p. 242. *In the Inner Temple Book of Admissions from 1670 to J750, p. 1321, there is an entry (translated below from the Latin) stating that " Wil- liam Shirley, gentleman, son and' heir of William Shirley, late of Lon- 14 WILLIAM SHIRLEY— A HISTORY the Temple, and some time before he was called to the bar in 1720 ' be married Frances Barker, daughter of Francis Barker, of London. It thus happened that when he began practicing law in London, two daughters had been bom to them, pledges of the numerous offspring who were later to bless and embarrass them. Nine years later their family included five daughters and three sons. The first eleven years of his practice of his profession were spent in London, where he is also said to have held an office." These years seem to have been productive of more re- putation than wealth, for upon his departure for America to better his fortunes he was able to secure solid recom- mendations from men prominent in the British government and at the London bar testifying to his professional at- tainments and aptitude.* Like many another Englishman of slender fortune he turned to the colonies in America in the hope of finding a more ready road tO' success under the freer conditions of the new world. Possibly the adventure in the ruder society of America was prompted in part by a financial catastrophe.* In that environment we shall a little later find him, first as a private citizen practicing law and not long after as an officeholder under the crown. don, merchant, deceased, was generally admitted into the fellowship of this society in consideration of three pounds, six shillings and eight pence." The date of his admission was October 28, 1713. 1 July 3d., Inner Temple List of Barristers, from 1590-, p. 388. 'Hutchinson, History of Massachusetts (Boston and London, 1795- 1828) , vol. ii, p. 358. 'There are references to his recommendations in Bel. Ps., pt. i, pp. 20-22, 25, 32-33, 44, 452-453. * Governor Belcher, of Massachusetts, in 1740, while Shirley was being recommended as his successor, amiably suggested that he had been told that Shirley went to America "after being drowned in the South Sea" (South Sea Bubble), but His Excellency named no authority for the as- sertion. Bel. Ps., pt. ii, p. 525. CHAPTER II The English Political and Administrative Background The period in which Shirley lived wag a time of vigorous constitutional evolution. The scope of the constitutional changes which were occurring may be indicated by the state- ment that while formerly the Stuarts had assumed mastery of the nation, the nation now employed a monarch.^ In explanation of the effects of the changes in the system of government we hear much of prime ministers, cabinet coun- cils and leaders in the House of Commons, while the monarch, who seemed superficially to direct the state, is, in the time of the early Georges, presented as essentially a liveried flunky of the nation. The interpretations of this period of English political life fall largely into two groups stressing respectively the passing of the powers of the crown, and the beginnings of demo- cratic rule. Broadly speaking, the first of these proces- ses was already completed when George the First neglected to attend meetings of his ministers, and the second had not yet truly begun until a much later epoch. It seems a far cry from autocratic monarchy to thorough- going democracy. A sudden change from one to the other has, it is believed, never been accomiplished save by violent revolution, if even by that means. Fortunately it is not nec- * The first two Georges were not entirely devoid of influence upon affairs domestic or foreign but their power of direction was not con- siderable except in the foreign field, and even there partly because of their interests in Hanover. IS l6 WILLIAM SHIRLEY— A HISTORY essary to assvime that the English constitution has bridged the gulf between them with a single span. That it did not do so is too obvious to escape recognition, explicit or im- plicit, by many writers. It has been pointed out repeatedly that the aristocracy of great landholders held a position of great influence after the fall of the Stuarts until the pre- miership of the elder William Pitt and even later. But no historian has yet adequately written the history of the supre- macy of the Whig oligarchy. Yet it has recently been recognized that the ascendancy of this group of powerful landholders was the central fact in the political history of England from 1714 until the elder Pitt inaugurated a more national policy. The Whig supremacy wholly includes! Shirley's connection with public affairs in the portion of his career with which we are concerned in this volume. Generally speaking, the policies of ministers in this period were not formed to meet the desires of either king or na- tion. They were, to be sure, intended to keep either from protesting too loudly, since either might, if so disposed, cause much inconvenience. Nevertheless, the substance of power rested with a clique or faction of the aristocracy,' ^ The custom followed until recently of building the history of the period primarily around institutions which to the minds of present day readers connote conditions which belong before or after that time, rather than about the Whig political machine of the day, is doubtless largely dnie to the facts, first, that the ruling aristocracy used extensively the political machinery which they found, and second, that the cabinet and the prime minister, whose offices were evolved largely during the Whig ascendancy, were later associated with a popular system of government Much concerning the Whig machine appears in many writers upon the period, but the inwardness of it has not been revealed. An article upon "The Duke of Newcastle and the Election of 1734" in the English Historical Review for July, i8p7, by Basil Williams, based chiefly upon the Newcastle Papers, suggests how greatly our knowledge of the actual government of England in that period might be increased by a clear analysis of the contents of this collection and of the papers of other political leaders of the time. Notable contributions to our knowledge POLITICAL AND ADMINISTRATIVE BACKGROUND 17 which retained control of the government throughout the period. It is with this dominating group that this sketch so far as it touches English politics, is chiefly concerned. The group changed in personnel through death, and less fre- quently through desertion, but the membership was notice- ably stable and some of its leaders remained in power for long periods of time. The leadership of the group was sometimes in a single man and sometimes in an informal political partnership of two or more members. The most influential leaders of the group held high offices of state and combined the administration of government with the functions of the present-day political boss. They were members of the privy council and of that smaller body which was, in one aspect, the real council of state, and in another, an executive committee of the Whig aristocracy organized as a political party. This body came to be known as the cabinet council, and has developed into the present cabinet. Today the cabinet is responsible to the House of Com- mons and through it tO' the nation. At that time it would have been nearer to the truth to say that the House of Com- mons was responsible to the cabinet council and to its as- sociates and subordinates who managed the Whig party. The House of Commons sometimes repudiated individual leaders but it did not challenge the Whig machine, for the reason that it was part of it. The king must perforce ac- cept the Whigs and work with them; for their opponents, the Tories, had favored the return of the Stuarts, and in- fluential members of that party continued to intrigue to that end after the Hanoverians were established on the throne. of phases of political affairs in the trme of the Whig supremacy by Von Ruville, Basil Williams (c/. supra and also his Life of Pitt [London, 1914]), Alvord and E. R. Turner, still fall short of a clear exposition of the political system of the time. 1 8 WILLIAM SHIRLEY— A HISTORY Party lines followed largely the lines of division between social classes, with a minor portion of the aristocracy at- tached to the Tories/ Parties at that time, however, had no necessary relationship to the will or the interests of the nation as a whole. The franchise was far from having a democratic basis, and its exercise under the influence of vested interests was accompanied by wholesale corruption. It would be just to say in general that seats in the House of Commons and the votes of their holders were alike merchandise. This left the control of public affairs ultimately in the hands of the Whig aristocrats, who^e great resources made it always feasible for them to secure enough votes to perpetuate their control. The small body of voters ex- acted such profits from the ruling class as their privileges allowed, while the general public remained more or less uninterested spectators of the proceedings. The bounds of the political influence of the different mem- bers of the Whig aristocracy have never been accurately determined, but all authorities agree that a position of pri- macy as a party manager belongs to the Duke of New- castle. The duke was less influential personally with other leaders of his party than were some of his contemporaries, but he was par excellence the winner of elections. His; vast' wealth, including huge estates in several counties, gave him such strength in the political system of his time that he was indispensable to' all administrations from that of Sir Robert Walpole to and including that of Pitt. From 171 7 to 1766 he held high office in the government with but rare interruptions. Whenever he was allowed to retire to private life he was promptly recalled. Yet no one has discovered 1 The Whigs outside the large landed interests included the dissenters and the higher trading and commercial classes, while the country gentle- men and country clergy, who hated dissenters, and the agricultural classes who were jealous of traders, supported the Tories. POLITICAL AND ADMINISTRATIVE BACKGROUND 19 in the Duke of Newcastle a genius for leadership, nor es- pecially able statesmanship, nor even more than moderate intellectual gifts of any sort. The inference seems irresis- tible, therefore, that his eminence in the history of his times was due in considerable measure if not primarily toi accidents oi birth and fortune. The fact that the duke's hereditary advantages have impressed historians more forcibly than has his skill in utilizing them is a striking commentary ugon the character of the political system of his day. The Duke of Newcastle is not an attractive figure as he appears for the most part in the writings of his contem- poraries. Most of his literary contemporaries, however, were among his political opponents. It is to be presumed, under the circumstances, that the consummately ridiculous conduct attributed to him partakes of the nature of carica- ture. It may easily be supposed that Newcastle illustratedl the type of man who would furnish endless anecdotal material for political partisans of the Horace Walpole variety, although some of the traits attributed to him, such as vanity and fussy mannerisms, are not incompatible with high abilities. It is difficult, however, to believe that the person who was by general testimony, even if of his enemies, verbose in speech, inaccurate in statement and confused in thought, and unstable in his attitude toward men and meas- ures, was a man of the highest qualities of mind and heart. Probably the most attractive characteristic of the duke, outside of his purely private life, was his patronage of young men of talent who lacked independent fortunes. A' notable example is afforded by the case of Philip Yorke, whom Newcastle helped to make successively chief justice, member of the privy council and lord chancellor, and who, after becoming Lord Hardwicke, remained the duke's coim- sellor and friend. In a somewhat similar spirit Newcastle 20 WILLIAM SHIRLEY—A HISTORY played the part of patron, protector and friend to* Shirley during most of his career in America/ The English history which has been written of the time of Newcastle has been largely biographical, perhaps be- cause there were no men in England in that day great enough to create a national theme which would seem impressive. It was a sort of English middle age in which acta ministro- riim made up the staple oi the accounts of the period. Foreign policy was continually complicated by the insistent stress placed by the reigning house upon its second-rate German principality of Hanover. Domestic policy was clogged by the course of masterly inactivity of the landhold- ing aristocracy, watchful lest the sleeping English dog mistake their vested interests for a bone. Consistency of policy was exemplified by uniform efforts tO' chloroform the nation into quiescence while any problems which demanded solution were disposed of with a minimium of disturbance and change. Passing by this welter of inconsequences it is evident that the future of the nation lay not with the landed interest, who were distinctly provincial in spite of the necessity then upon them of sponsoring such English policy as existed, but with the merchants and others who, concerned in interests beyond seas, fostered at once trade and dominion. The evolution of England from a kingdoim' into an empire, how- beit an immature one, was already a fmt accompli. The vital national interests had become distinctly imperial in 1 Lecky's History of England in the Eighteenth Century (New York, 1878-1887), vol. ii, p. 477, contains the following caustic comment on the career of Newcastle: "Newcastle is certainly the most remarkable in- stance on record of the manner in which, under the old system, great possessions and family or parliamentary influence could place and main- tain an incapable man in the first position in the state." In the pages following is a most unflattering estimate of Newcastle's public career in all its aspects. For a more favorable view cf. Harris, Life of Hard- wicke (London, 1847), vol. i, p. 427. POLITICAL AND ADMINISTRATIVE BACKGROUND 21 nature. Between that time and the present there have been two periods of vigorous empire^building, one before and one after the American Revolution. Shirley's American career falls within the first of these periods and had an important relationship to the expansion that signalized it. Shirley, therefore, appeared against this imperial back- ground when, by coming to Massachusetts, he entered the sphere of activity of Governor Jonathan Belcher, of Mas- sachusetts and New Hampshire. From the imperial point of view Belcher's administration, which began in August, 1730, was an experiment in killing provincial perversity with kindness. The notoriously intractable province of Massachusetts Bay had been forced into subdued ways by her efficient but unloved son, Joseph Dudley, governor from 1702 to 171 5. His successor, Samuel Shute, governor from 1716 toi 1728, was an Englishman. After a time, he set the provincials by the ears, and finding it uncomfortable in Massachusetts! retired to England in 1723, in which safe retreat he re- miained for more than five years until the end oi his term, while his deputy, Lieutenant-Governor Dummer, a native of Massachusetts, administered the province. There fol- lowed a brief and stormy administration under another Englishman, William Burnet, ending at his death in 1729. Shute had petitioned the king that the salary of the governor be fixed for the future, and he had then (April 10, 1726) been directed to urge the assembly in the strongest terms to settle " a fixed and honourable salary .... not toi be less than f 1,000 sterling per annum from Massachusetts Bay." ^ This led later to a spirited battle with the assembly. This contest in which Shute had taken part before leaving Massachusetts was in abeyance while he was in England '>■ Acts of the Privy Council, Colonial Series (Hereford, 1910-1912), vol. iii, p. 107. The abbreviation "A. P. C." will be used. 22 WILLIAM SHIRLEY— A HISTORY but was renewed with increased vigor under Burnet.^ The violence of the contest and the lack of success of the govern- ors alarmed the Duke of Newcastle, then the secretary of state in charge of colonial affairs, leading him to believe Massachusetts wished "to throw off their dependency on the crown." Such a design might be dealt with by refer- ring the matter to Parliament, but the ministers " wished that extremity might be avoided." Therefore Burnet was pri\'-ately notified to ask for a grant for his own administra- tion only. The maneuver was understood by the agents of the province in England, and the people of Massachusetts through them became convinced that threats made to take the matter before Parliament would not be fulfilled, and further that if the subject should come up the con- tention of the colonists would probably be sustained." In connection with this controversy Jonathan Belcher emerged as a leading character. He was a wealthy Boston merchant, who had been engaged in the slave trade, had served seven years in the council of the province as a " pre- rogative man," in Governor Shute's administration, and had been reelected under Burnet, but negatived by the governor. Thereupon Belcher experienced an " instantaneous conver- sion " to the popular view and became intimate with the leading anti-administration members of the assembly. He presently presided over a town meeting in Boston at which it was unanimously voted to instruct the representatives of the town in the assembly to vote against settling a salaiy on the governor. Then Belcher was chosen to serve jointly with the previous agent of the assembly, Francis Wilks, to 1 Hutchinson, op. cit., vol. ii, pp. 301-321 ; Dickerson, American Colonial Government (Cleveland, 1912), pp. 185-186. • Chalmers, An Introduction to the History of the Revolt of the American Colonies (Boston, 184S), vol. ii, pp. 128-129; Dickerson, op. cit., p. 186 and note 423. POLITICAL AND ADMINISTRATIVE BACKGROUND 23 present the case of that body against Burnet before the privy council. While this cause was pending in England news came of the death of Burnet, and Belcher with his accus- tomed facility underwent another " instantaneous conver- sion," this time tO' a clear advocacy of the king's preroga- tive in America/ According to his own statement Belcher owed his ap- pointment to Lord Townshend, whose good-will he after- ward retained. He also enlisted in his behalf former Governor Shute, who gave up in his favor an opportunity to resume the governorship, and that of Francis Wilks, who was influential at court. In his application he ignored the board of trade and secured the support of their super- iors.' Belcher took office under somewhat peculiar conditions of official backing; for his special patron, Townshend, re- tired from the post of secretary of state almost at the time his protege began to serve, and Townshend's brother-in-law, Sir Robert Walpole, then prime minister, never showed especial liking for the governor. Doubtless the rivalry between Walpole and Townshend preceding the retirement of the latter predisposed Sir Robert against Belcher, and Martin Bladen, the chief figure at the board of trade, com- bined devotion to the prime minister with a dislike, which 1 References for the contents of the prec"eding paragraph are found as follows: List of Vernon-Wager Manuscripts in the Library of Congress (Washington, 1904), p. 23; Bel. Ps., pt. i, pp. xvi-xvii; Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay (Boston, 1869-1918), vol. ii, p. 523; A. P. C, vol. iii, pp. 253-236; vol. vi, pp. 208-209; British Historical Manuscripts Commission, nth Report (London, 1887), App. 4, pp. 273-274; Hutchinson, op. cit., vol. ii, p. 318; Chalmers, op. cit., vol. ii, p. 132. ' For the circumstances antecedent to and attending Belcher's ap- pointment, cf. Hutchinson, op. cit., vol. ii, pp. 294, 329; Matthews, Notes on the Massachusetts Royal Commissions (Cambridge, 1913), p. 63, note S; Bel. Ps., pt. ii, pp. 16-18, 101-106, 138, 479. 24 WILLIAM SHIRLEY— A HISTORY he made no effort to conceal, for the Massachusetts gover- nor who had presumed to disregard his influence.^ Bdcher, in fact, was a man without a patron among the high of- ficials at home, and from the start a scarcely veiled hostility- existed between him and the board of trade. Belcher's pronounced efforts to attach himself to the Duke of New- castle, and to follow a neutral course which would cause resentment from neither ministers nor Parliament were the natural results of the difficulties of his position.* Belcher from the beginning attempted to create a political machine at court which would safeguard his tenure of office. Wilks had added to his influence at court by joining Belcher in the measures which had made the latter an acceptable candidate for governor.'* He was also privately Belcher's representative and apparently fully in his confidence while still remaining agent for the Massachusetts assembly.* Openly the governor was represented in London by his brother-in-law, Richard Partridge, and his son, Jonathan - For the political conditions at home accompanying Belcher's ac- cession, cf. Coxe, Memoirs of the Life and Administration of Sir Robert Walpole, earl of Or ford (London, 1816), vol. ii, pp. 378-390; His. Mss. Com., nth Rep., App. iv, p. 120; T. Townshend to Hard- wicke, printed in " The Materials for the Study of the English Cabinet in the Eighteenth Century," by E. R. Turner in American Historical Association Report for 191 1, vol. i, p. 96; Inees, A History of England and the British Empire (London, 1913-1915), vol. iii, p. 136. 'For Belcher's backing at home and the relations betw^een leading English statesmen of the day, cf. the references in note supra, and Bel. Ps., pt. i, pp. 32, 38, 61 note, 123-126, 225, 265, 279, 282, 311, 380-381, 404. 3 Cf. supra, p. 23. *Bel. Ps., passim. Wilks continued to hold this position as agent for the assembly until his death in 1742. {Bel. Ps., pt. i, p. 33 note.) When, however, there arose opposition to him in the assembly, they apparently not regarding him as sufficiently devoted to their interest, Belcher used his influence to have him retained. Ibid., p. 505; pt. ii, pp. 2:5-216. POLITICAL AND ADMINISTRATIVE BACKGROUND 25 Belcher, Jr., then a student at the Temple/ In reality they and Wilks formed a trinity in the governor's interest. In many instances they were able to serve those whom they represented by a common policy. Belcher kept up his alliance with ex-Governor Shute and the latter's kinsman, Lord Barrington, by making a protege of John Boydell, formerly Shute's private secretary.^ He also constantly busied himself by correspondence, by send- ing presents, and by securing introductions for his son to influential persons in England, and cultivating good rela- tions wherever possible.* As Belcher's methods became known in England the board of trade followed a policy which resulted in creating checks upon him in America. Sir Robert Walpole perhaps without deliberate intent promoted the same end by insist- ing upon the naming of Benjamin Pemberton as clerk of the naval office at Boston.* It is noticeable, however, that appointments such as this strengthened the influence of the prerogative in America, and particularly in regard to mat- ters which were likely to come under admiralty court juris- diction, such as the king's woods and the acts of trade. Belcher began his administration at a time when New- castle, as secretary of state for the southern department, was assuming control in large measure of the patronage and of the policy of the English government in the colonies. The board of trade was in this period an advisory body ^ Bel. Ps., pt. i, p. 79. *Cf. The Boston Gazette, Oct. 15, 1722, quoted' in Matthews, op. cit., p. 68; Bel. Ps., pt. i, pp. 4, 114, 209-210; Suffolk Files, Nos. 38108, 3829r7, 40572, 41140, 41249, 43204, 43S7I, 44365, 45562, 45596, 47200, 47446, 47465, 47491, 47964, 48393, 50894, 51013. 'Bel, Ps., passim. *The facts of the Pemberton affair from Belcher's point of view are to be found in ibid., pp. 376, 385-386, 413; Pt ii, PP- I55-IS6, 167-169. 26 WILLIAM SHIRLEY— A HISTORY with but limited influence of a positive sort. Its most active member, Martin Bladen, was commonly known as: " Trade " in distinction from his colleagues who were dub- bed the " Board." ' Newcastle, in spite of his great strength in Parliament, must work with others to maintain the majority there which was the requisite foundation for a strong ministry; hence he was disposed to avoid bringing up questions of colonial policy that might divide and weaken the government's support in the legislature. Were another course adopted the Whig oligarchy might be compelled to obey Parliament instead of ruling it.^ However, adminis- trative authority in colonial matters lay in practice almost wholly with Newcastle and not with the board of trade.^ A plan for unifying and regulating the colonies had been vaguely conceived by English statesmen almost from the beginning of the colonial period and had been intermittently undertaken with energy by the various functionaries whoi served in sequence as spokesmen for the crown in colonial affairs during the periods of Stuart and Orange rule. The project remained in abeyance under the first two kings of the House of Hanover, apparently through inertia or lack of power rather than through sympathy with the diversity and the disconcerting unmanageableness of the existing governments in the colonies. The Stuarts, after all, were not clever enough, nor aside from Charles I valiant enough, to play the part of auto- crats. Had they been so, doubtless the colonies would have been confronted with the task of maintaining their autonomy in local affairs against the naked prerogative of the crown a century, more or less, before the third George 'Dickerson, op. cit., pp. 37-38; Kellogg, "The American Colonial Charter" in Am. His. Assoc. Rep. for 1903, vol. i, p. 222. 2 Cf. supra, pp. 15-18. 'Dickerson, op. cit., pp. 112-114; Kellogg, loc. cit., p. 225. POLITICAL AND ADMINISTRATIVE BACKGROUND 27 and his ministers raised the issue through Pariiament. Asl things stood, half measures were in order. As the crown did not venture in general to override the colonial charters, efforts were made tO' revoke them, first by judicial action, since such a method alone was in harmony with the dignity and politicial theory of the Stuarts; later under the saffron imperialism; of their Dutch successors revocation was sought through act of Parliament. To be sure, James II with unwonted hardihood, if little prudence, provoked the nation to decree that he should be the last of his line, and at the moment of his fall was not only asserting his prerogative boldly in England but was building a highly centralized and autocratic political struc- ture under his personal representative in America, the ground for which had been prepared by a mingling of judicial and mere prerogative action against charters; but this was only an expiring gesture, for after the flight of James from England the conception that the king's pre- rogative, might dominate the nation, never found general acceptance either in England or the colonies. This conception gave place tO' that of a monarchy con- stitutionally safeguarded to hold the prerogative to a limited exercise. The logical end of that road was democracy; but the nation being as yet unready for this, a basis for a stable regime was found, with the accession of the House of Hanover, by placing the government in the control of the Whig oligarchy, somewhat less irresponsible than an untrammelled king. While the Whig leaders thus held the .proxies of king, Parliament and people for public affairs, they saw the utility of playing the part of a constitutional government. This policy was prudent even though they were primarily interested in maintaining their own power. To insure against its fall they avoided allowing the king, with whose rule they were in the popular mind associated, 28 WILLIAM SHIRLEY— A HISTORY to give his approval to measures savoring more strongly of personal government than the jealous Parlia:ment and people would regard as in keeping with his largely ceremonial station. With a like motive the Whig leaders refrained from raising issues of policy in Parliament which might be unpopular in the nation. Like all rulers not stupid who are reputed to be irresponsible, they recognized a potential power in the nation tO' hold them accountable. Thus Newcastle, along with the other members of the Whig clique, was actually limited in many ways in his poli- tical action by considerations of expediency. As secretary of state for the southern department he not only was the administrative head for the colonies but also shared responsibility for home and foreign affairs. Ag the chief English executive for the colonies he named the royal officials there ^ and later directed their policy in both civil and military affairs by correspondence, and dealt with issues raised by the colonists. Aside from the function of the board of trade in passing upon colonial laws, the secretary of state for the southern department need not consult them, nor abide by their advice when consulted. In Newcastle's! time the earlier practice of referring nearly every matter of importance relating toi the colonies to the board was not ob- served and he relied for important matters more largely upon the advice of the committee of the privy council," meaning, substantially, the more active members of the privy council acting as a smaller council to recommend action for the full ^ However, the various departments of the English government, such as the treasury and the admirahy, had, in practice, much influence in selecting appointees to offices in America •whose functions related di- rectly to the work of those departments. - A. P. C, vol. iii, pp. vii, ix ; Turner, " The Development of the Cabinet, 1688-1760," pt. i, in Am. His. Rev., vol. xviii, pp. 758-760; 'Russell, The Review of American Colonial Legislation by the King in Council (New York, 1915), pp. 82-83; Kellogg, loc. cit., pp. 222, 225. POLITICAL AND ADMINISTRATIVE BACKGROUND 29 body, who usually accepted the recommendations made. Bladen's influence as a member of the board, therefore, was probably due largely to ability, diligence, long ex- perience with colonial questions, and activity along the line of colonial policy in the House of Commons. The board of which he was a member could claim neither force nor prestige.^ The increase of colonial business handled by the privy council in the same period in which the board of trade be- came as a body less and less active and influential indicates an increased centralization of authority in colonial matters. Aside from the question O'f Newcastle's qualifications for administration or success as an administrator, such a cen- tralization would undoubtedly O'ffer an opportunity for over- coming in a measure those defects in the government of the colonies arising from division of responsibility and the cum- brousness of procedure in England. In the decade preceding Belcher's elevation to the gover- norship, there was indeed a serious effort to force the settle- ment of salaries upon provincial governors by the assem- blies. Beyond this, however, the privy council was content to deal with efforts on the part of colonial governments tj extend their powers, with violations of the rights of the crown by the people of the colonies, or the denial of private rights there, and with efforts to settle boundary disputes. The policy was on the whole defensive or mediatory rather than aggressive, static rather than dynamic' The issue affecting the rights of the crown which bulks largest in the dealings of both privy council and board of 1 Dickerson, op. cit., pp. 37-38, 188-189. • For the substance of measures affecting the colonies considered by the privy council in this period and the policy adopted toward them, cf. A. P. C, vol. iii, passim; Dickerson, op. cit., pp. 181-189. Cf. also, supra, pp. 21-22. 30 WILLIAM SHIRLEY— A HISTORY trade with the New England colonies in that period related to the king's woods. It was also the issue with which Mr. Shirley dealt most largely during the decade which he spent in America before his governorship. The value of the pine forests of New England and ad- jacent districts as sources of supplies, especially masts, for the royal navy, had been understood from the beginning of settlement in Massachusetts Bay. An early visitor to the country published in England a glowing eulogy of the forest resources of that district. Within a generation of the set- tlement the English government was taking an active interest in promoting in New England the production of naval stores. The best masts were from New Hampshire untii the available supply there had been depleted, but there were also fine ones in Maine. The latter fact had not escapedl the notice of Edward Randolph, the arch-enemy of Ngw England, while serving as surveyor of woods and timber in Maine in 1656.^ Naturally enough, when a new charter for Massachusetts Bay was granted in 1691, including within that province the territory known as Maine, there was in- serted in the document a clause, reserving for the crown " all trees of the diameter of twenty- four inches and upwards of twelve inches from the ground growing upon any soil or tract of land within our said province .... not heretofore granted to any private persons." ^ Early efforts to enforce this reservation were weak and largely ineffective, and much timber soi reserved was cut and sold for private profit by the colonists.^ That the ministry was already in earnest in promoting the 1 Lord, Industrial Experiments in the British Colonies of North America (Baltimore, 1898), Johns Hopkins University Studies in His- torical and Political Science, extra vol. xvii, pp. 1-3, 87. 'Acts and Resolves, vol. i, p. 20. ' Lord, op. cit., pp. 87-88. POLITICAL AND ADMINISTRATIVE BACKGROUND 31 sea power of Great Britain, and thereby her commerce and weahh, by securing a better supply of naval stores from America, appeared in October, 1721, when the subject re- ceived especial attention in the king's speech upon the open- ing of Parliament/ Governor Shute in the course of a general arraignment of the ^Massachusetts assembly in 1725 included as its first item a complaint of their conduct in relation to waste in the woods. This complaint led to a condemnation of their action in the matter by the attorney-general and solicitor- general and a report of the committee of council in favor of employing " all proper legal methods .... to assert Your Majesty's Royal authority and prosecute all such who have contemned the same, unless a due obedience be paid to Your Majesty for the future." - This show of severity did not daunt the provincials. In 1727 the privy council, in connection with the estab- lishment of civil government in Nova Scotia (which that body then held to include the country between the Kennebec and St. Croix rivers), as a royal province directly under the crown, took up the question of the preservation of the woods there. The destruction of the woods in New Hamp- shire had proceeded so far that the question of the pre- servation of the mast trees in all New England was now a critical one. The efforts of the home government to solve the problem centered about a new surveyor-general of the woods, David Dunbar, who was named in 1728.^ The new surveyor-general was sent to America to assume his duties in IMay, 1729, after extended and unfruitful con- sideration of the problem of the woods and the northeastern 'Brisco, The Economic Policy of Robert Walpole, Columbia Uni- versity Studies in History, Economics and Public Law, voL xxvii (New York, 1907), pp. 156-157- M. P. C, vol. iii, pp. 92-94, 102-103. '/6id., pp. 152, 183-185, 187. 32 WILLIAM SHIRLEY— A HISTORY frontiers of New England by the board of trade and the privy council. He was under the impression that he was to be commissioned as governor of a new province, bearing the name Georgia and lying betYv^een the Kennebec and St. Croix rivers. By rash action upon his arrival he precipi- tated a conflict with the province of Massachusetts concern- ing jurisdiction over that district. The upshot of the mat- ter was an opinion by the attorney-general and solicitor- general that the claim of Massachusetts to control of the territory was good, and Dunbar was left in an extremely uncomfortable position. His lot was hardly ameliorated by his appointment as lieutenant-governor of New Hampshire for the professed purpose of giving him added influence as surveyor-general of the woods/ since in that capacity he entered upon a most violent quarrel with Governor Belcher in the course of which they clashed at nearly every possible point. Belcher not only at the time of the inception of' his quarrel with Dunbar, but repeatedly later, wrote in a heated manner to the board of trade and to persons in high office in Eng- land, complaining of Dunbar's behavior and urging that he be removed from his position as lieutenant-governor of New Hampshire.^ The implied reflections upon the officials 'On this episode, cf. Maine Historical Society Collections, second series, vol. ix, pp. 342-344, 352-354, 357-358, 359, 368, 373-374, 449-450; vol. X, pp. 450-453, 466, 468-469; vol. xi, pp. 31, 115; A. P. C, vol. iii, pp. 184-189, 275-283, 306-307; vol. vi, pp. 122-125, 194; Calendar of Treasury Papers, 1556-1728, preserved in Her Majesty's Public Record Office, Jos. Redington, ed. (London, 1868-1889), 1708-1714, pp. 489-490. Secondary accounts are in Johnston, A History of the Towns of Bristol and Bremen in the State of Maine, including the Pemaquid Settlement (Albany, 1873); Willis, "Scotch-Irish Immigration to Maine," in Me. His. Soc. Colls., vol. vi ; Williamson, A History of the State of Maine, from its first Discovery, A. D. 1602, to the Separation, A. D, 1820, inclusive (Hallowell, 1832), vol. ii, pp. 169-178; Sullivan, The History of the District of Maine (Boston, 1 795), pp. 389-394. ' Bel. Ps., passim. POLITICAL AND ADMINISTRATIVE BACKGROUND 33 at home for having named Dunbar, and for keeping him in ofifice doubtless had the natural effect upon their ininds and tempers, especially as a complaint by Dunbar regarding trade conditions in Massachusetts had already been sent to the board of trade and apparently also came to the attention of Newcastle/ Dunbar's declaration in another letter to the board of trade a few months later, that evasions and violations of the Acts of Trade at Boston were " connived at," ^ must have raised serious doubts as to Belcher's loyalty to the crown. In truth, when we consider together Belcher's policy, the complaints about him first by Dunbar and later by others, and the cool, not to say critical attitude of the home government, especially the board of trade, toward him, it is not too much to say that he was imder suspicion and on the defensive from the start. His treatment by the home government is the more striking when compared with their attitude toward Dunbar.' In fairness to Belcher it should be said not only that he was in a difficult situation but also that the position he took regarding the eastern country was at least legally correct, as was shown by the opinions of the law officers of the crown. Nevertheless, he might wisely have contented him- self with protesting against the action of the crown, pend- ing the decision of the issue. Instead of this he asserted a jurisdiction then in dispute, and was met by a peremptory order of the privy council that he remain quiet, an order which, in the nature of things, had to be issued before he had a chance to be heard.* Thus his course hurt him in 'Pitman, The Development of the British West Indies, 1700-1763 (New Haven, 1917), p. 215 and note 59. 'Ibid., p. 21S and note 61. ' Cf. Me. H. S. Colls., loc. cit., vol. xi, pp. gs, I3i-i33> I34. 183-185. *A. P. C, loc. cit., p. 306. Doubtless Belcher might without disaster have delayed the inspecti»c of all forts under his control (which served 34 WILLIAM SHIRLEY— A HISTORY England; but any other course would have hurt him in New England by making him seem to stand for royal rather than colonial interests. In truth, Belcher's conduct in this matter, as in many others, is much more easily ex- plained from the point of view of a man of his antecedents than from that of a royal governor. From the New England point of view as well as from that of the home government, the country east of New Hamp- shire was taking on a new importance. Not only was the shifting of the mast industry from the Piscataqua to Fal- mouth (the present Portland, Maine) in 1727,^ of great importance in connection with that business in itself, but it was accompanied by a more active development of the eastern country generally, particularly along the seaboard and navigable rivers to a point beyond the Kennebec. The movement included the clearing of forests,^ the settling of lands, the promotion of shipbuilding,* and a general pushing back of the frontier. As this condition appeared, the Mas- sachusetts government naturally felt an increased interest in keeping the control of the evolution in its own hands, and in that respect Governor Belcher acted the part not only of a Boston merchant but also of a patriotic New-Englander. as an excuse for action in the eastern country) even though this duty was prescribed by royal instruction. Me. H. S. Colls., loc. cit., vol. xi, p. 7. 'Weeden, Economic and Social History of New England (Boston, 1890), vol. ii, p. 578. •The clearing of the forests was stimulated largely by the bidding of the French against the English West Indies for the New England lumber supply. Pitman, op. cit., pp. 216-222, 254 (note 29). •Aside from the large fleet of New England: trading vessels which were usually built there, New England was building many vessels for sale to the French and Spanish. (Ibid., pp. 214-215, 255, note.) Massa- chusetts was said in 1731 to employ " some forty thousand tons of shipping in the foreign and coastwise trade, about half of which traded to Europe." Brisco, op. cit., p. 203. CHAPTER III Barrister and Advocate-General Inasmuch as Mr. Shirley went tO' America hoping for the patronage of Governor Belcher, which, if granted, would result in a public career, he stepped at once, upon landing at Boston with his family on October 27, 1731, into the atmosphere of political intrigue by which the governor was surrounded. Shirley's arrival did not cause a ripple upon the placid stream of the governor's policy. To the numerous letters of introduction endorsing Mr. Shirley's professional attain^ ments and abilities. Belcher replied with protestations of his readiness to serve their bearer, phrased with gradations of warmth appropriate to the relative eminence of their re- spective writers. In replying to Shirley's chief patron, New- castle, the governor made an acknowledgment, cordial in tone but formal in content, and a pledge of assistance to his protege large in scope but slight in specific promises, and then passed adroitly to other matters, public and private. Meanwhile nothing more tangible was offered to Shirley than a recommendation of him "(for a pleader) to the sev- eral setts of Judges of the Courts in both my governments," and Belcher confided to his confidant and unofficial agent, Francis Wilks, that he did not expect the impecunious Eng- lish barrister to prosper.^ 1 Letters containing the account of Shirley's arrival and of the gov- ernor's consequent action are found in Bel. Ps., pt. i, pp. 20, 23, 32-33, 44, 60, 88, 452-453, 455, 461. 35 36 WILLIAM SHIRLEY-A HISTORY For the present, therefore, the needy Shirley, who had been advised to remove to Boston, " having prospect of a numerous offspring," was to battle like any plebeian for a living in a provincial environment not likely to be altogether friendly. Newcastle, his patron, the busy public man in Eng- land, was apparently not uninterested nor insincere in his friendship, but preoccupied, and embarrassed by other claims when patronage in America was to be distributed.^ For a decade Shirley led the professional life of one " learned in the law " in New England in the period in which that profession was producing the minds and the legal theories which were to be applied a generation later to the problems of the Revolution. Among New England lawyers his position was a distinguished one, but he was not in harmony with the legal evolution in the midst of which he lived, being loyal to the English rather than the New English conception of law, especially when those concep- tions were in conflict.^ Despite his sturdy English point of 1 See on this phase of iShirley's experience, Hutchinson, Hist, of Mass., vol. ii, p. 358; Sh. Cor., vqI. i, pp. 9, 12, 18; Bel. Ps., pt. i, p. 25; Pt. ii, p. 525- ' The legal system of New England before independence still offers a profitable field for investigation. Features which would repay further research are the development of a distinctively New England common law, the relations between the courts of New England and the British government in its various departments, the evolution of court procedure and legal forms, and the history of the stream of legal traditions and attainments which can be traced directly from the leading contemporaries of Shirley at the Massachusetts bar, such as John Read, Robert Auch- muty, Jeremiah Gridley, Edmund Trowbridge and Benjamin Pratt, through the generation of lawyers who won fame in revolutionary days, the most noted of whom were James Otis, Oxenbridge Thatcher, John Adams, William Cushing and Josiah Quincy, and continuing after the Revolution in the persons of Theophilus Parsons, Francis Dana, Rufus King, Christopher Gore, Harrison Gray Otis, 'Royall Tyler and Joseph Story, and finally producing the great apostle of American union and nationality, Daniel Webster. Much material relating to this subject will be found in the Suffolk Files, the Massachusetts Archives and the Acts BARRISTER AND ADVOCATE-GENERAL 37 view, however, his New England neighbors came to feel both liking and admiration for him. At the start the public career of the newly arrived bar- rister, almost isolated from influences at home, was ob- viously conditioned in almost every way by the attitude of Governor Belcher toward him. This attitude was a part of the governor's public policy. At first, Mr. Shirley was merely a pawn in the governor's struggle for political mas- tery in New England, but after a decade, as the issues got beyond Belcher's control, the quiet but forceful English- man was ready to take up the task of administration with a different vision and a different policy. In the midst of the party strifes, the personal enmities, and the hypocrisies of Belcher's administration, Shirley re- mained, until the major part of it had passed, outwardly a neutral. To play such a part with success would have been, without integrity, difficult, without much penetration and prudence impossible. However, this neutrality on Shirley's part, though cor- rect in form and reciprocated by the governor, differed little in substance from political enmity, since the newcomer worked with all his might throughout Belcher's governor- ship, in opposition to the chief policies which the latter's measures were calculated to promote. Meanwhile, each professed the fullest loyalty to the crown. and Resolves of the Province of Massachusetts Bay. Considerable in- formation upon it appears in works by Warren, Washburn, Knapp, Davis, Thayer, John Adams, Swift, Bell and White, in the Diaries of Benjamin Lynde and Benjamin Lynde, Jr. (Boston, 1880), ed. by F. E. Oliver, and in many other works dealing with the history of the period. Aside from the stores of official records in London there are indications of the English influence upon the American legal system in general in A, P. C, Col. Ser., and in the works of Chalmers, Francis Fane, Kellogg and Dickerson, while valuable contributions to our knowledge of phases of this subject are found in those of Spencer, Russell, Schlesinger, Hazeltine and Reinsch. The titles of works referred to in this note will be found in the bibliographical note at the end of the volume. 38 WILLIAM SHIRLEY— A HISTORY In the controversy over the eastern country Belcher served New England merchants and the possessors of lands in that district whose titles were derived from royal grants. He also upheld the Massachusetts jurisdiction there. His attitude toward New England commercial interests was further revealed in connection with admiralty-court affairs. It was of still more importance that he touched therein upon the chief issue between the crown and the colonists. The admiralty court was a piece of driftwood at which the home government caught for support of its policies in the flood of colonial hostility. Its jurisdiction had been detached from that of the governors under the impression that the loyalty of the latter to the king was being too severely tried by colonial public opinion and other forms of influence. In Massachusetts, which Martin Bladen pene- tratingly characterized as a " kind of commonwealth, where the king is hardly stadtholder," ^ admiralty courts labored under more than usual difficulties. The creation of an admiralty-court jurisdiction apart from the other branches of the provincial governments con- ferred upon those courts independence at the expense of prestige. As they now ceased to function through the ex- ecutive and drew their authority from the admiralty in England, although a direct attack upon them through the colonial legislatures was made more difficult, attacks through the provincial courts were with more difficulty repelled. It was claimed by royal officials that these courts were authorized by an obscure act of Parliament,^ but their only clear foundation was in the king's prerogative.^ As has 1 Bladen to Newcastle, Oct. 8, 1740, C. O. $ 899, 376. 2 7 and 8 William III, c. 22. Attorney-General Northey gave an opinion that this act did not authorize admiralty courts in the planta- tions but recognized them as already existing there. Chalmers, Opinions, p. SOI. 2 Commissions for vice-admiralty officers in Massachusetts vi^ere sub- BARRISTER AND ADVOCATE-GENERAL 39 already been indicated, the days of unquestioned preroga- tive government vi^ere past in both England and America.^ A part of the struggle in England over such government had been waged between the admiralty and the common-law courts or courts of record, and the common-law courts had won a jealously-guarded victory over the king's prerogative. In reality, therefore, the crown was fighting over again in America a battle which it had lost in England, disguising the issue under the cloak of special conditions.^ The contest was waged in America along the same lines as in England, the common-law courts employing legal weapons to hold the admiralty courts in check. More than a decade before Belcher became governor these " encroach- ments upon the jurisdiction of the admiralty " had gone so far in Massachusetts and elsewhere in America that the commissioners of the admiralty regarded the influence of these courts there as practically nil. Shortly after this opinion was formed, the board of trade referred the tangled question to Mr. West, counsel to the board, who in a spirit of justice and fairness placed the ad- miralty and common-law court jurisdictions respectively upon the same bases in England and America, and sup- ported the right of the common-law courts in the latter to issue prohibitions of proceedings in the admiralty courts.' mitted by the board of trade on March 6, 1701. " List of Reports and Representations ... of the Board of Trade," ed. by C. M. Andrews in Am. His. Assoc. Rep. for 1913, vol. i, p. 353, and Calendar of State Papers . . Colonial Series, 1701, § 215. ^ Cf. supra, p. 27. 'It was said that in America admiralty courts should be created and given power to try cases without juries, since it was impossible other- wise to secure convictions for offenses against the acts of ParUament restricting American economic freedom. A. P. C, vol. vi, p. 194. ' For a brief discussion of the development of the admiralty courts in America, cf. Kellogg, op. cit., pp. 227, 259-267; also Chalmers, Opinions, PP- 513-518; Chalmers, Revolt, vol. i, pp. 274-275; Dickerson, op. cit., pp. 121-122. 40 WILLIAM SHIRLEY— A HISTORY ■Since this attitude merely resulted in placing the board of trade and the admiralty at odds upon the issue and did not bring an abandonment by the ministry of efforts to maintain the jurisdiction of the admiralty courts in Amer- ica, the path of the governor of Massachusetts was not made less tortuous thereby. Probably, however, Belcher was not greatly disturbed by the situation. He thoroughly understood New England political conditions and had much knowledge of those in England. Inasmuch as his concep- tion of statecraft was successful intrigue,^ it was but nat- ural that he should have sought the favor of both parties to the contest. Dunbar's complaint to the board of trade that violations of the Acts of Trade were " connived at " at Boston,^ bore against the governor and even more pointedly against the officials who dealt directly with matters of trade at that port. Prominent among them were the judge of the ad- miralty court, Nathaniel Byfield,^ and his subordinate 'He suggested this Machiavellian political philosophy in the words, " Secrecy is the soul of business." (,Bel. Ps., vol. i, p. 492.) His practice suggests that he regarded secrecy and duplicity as kindred spirits. 2 Cf. supra, p. 33. 2 Judge Byfield was a native of England, of clerical ancestry, a resident of New England more than half a century before Belcher's administra- tion, a prosperous merchant, a self-taught lawyer and judge of the common law courts in New England, six times negatived as a coun- cillor by different governors, a speaker of the Massachusetts assembly in 1693, supposed by Randolph to be " strict in ye Observacon of ye Acts of Trade," and hence judge of admiralty from 1703 to 1715, but later superseded for political reasons, again judge of admiralty in 1729, a zealous supporter of the popular party, it is alleged for the purpose of satisfying ambition and revenge, and accused of mendacity by the distinguished Jeremiah Dummer. He was allied by marriage with Gov- ernor Belcher. Washburn, Sketches of the Judicial History of Massa- chusetts (Boston, 1840), pp. 176, 178-183; Kellogg, loc. cit., p. 264; Hutchinson, op. cit., vol. ii, pp. 213, 227; Spencer, Constitutional ConAict in Massachusetts (Columbus, 1905), p. 37. BARRISTER AND ADVOCATE-GENERAL 41 officials. Byfield, now nearly an octogenarian, jointly with his subordinates, presented to Belcher soon after his arrival as governor a memorial, the tenor of which seemed to testify to their zeal for the interests of the crown. This paper de- nounced the recent encroachments of the provincial courts upon the admiralty court, called on the governor to support it against such encroachments, and declared the full inten- tion of the memorialists to state their grievances to the king in council.^ Presumably no appeal was made to the king in council,^ and about a year later Belcher, remov- ing from the Suffolk county court of common pleas two staunch upholders of royal interests, made the venerable Byfield chief justice of it and named as associate justice the versatile Boston physician, Dr. Elisha Cooke, equally ready to prescribe for the physical and political ills of the populace. During the next two years these astute jurists sat together upon that bench in a harmony outwardly undis^ turbed by Cooke's persistent enmity to the admiralty-court jurisdiction.^ Shirley must soon have seen that the effort to promote royal interests through the admiralty court in New England without a radical change in the personnel and policy of the ^Suffolk Files, 30398. 'No reference to such a memorial appears in the A. P. C. 'For Belcher's elevation of Byfield and Cooke, cf. Washburn, op. cit., pp. 179-180, 325, 329, 330-331 ; Hutchinson, op. cit., vol. ii, p. 336. Dunbar had complained to the home government three months before Belcher reached Boston against both Byfield and Cooke; against the former as superannuated and ignorant or partial to the country; against the latter as a popular champion who pleaded all cases against the crown in the admiralty court. (Me. H. S. Colls., loc. cit., vol. xi, p. 26.) Cooke was by heredity the chief foe of the king's prerogative and the chief champion of popular rights in Massachusetts. Father and son of the same name were marked men in the eyes of the home government. They were especially active in promoting the popular uprising against Shute which led that governor to retire to England. 42 WILLIAM SHIRLEY— A lUSTORV officeholders there under the crown was little unlike the task of Sisyphus. Nevertheless, as an Englishman, with that instinctive, conservative fidelity to his ideals which has throughout the ages made men of that race saints, heroes or fools, he without hesitation and regardless of colonial opposition began attempting to put in practice those con- ceptions of colonial administration generally held by Eng- lishmen of the official class in America. Devotion to the prin- ciples of those laws of England which were a|)p'lied through the king's prerogative to the plantations, was evidently a car- dinal tenet of his political philosophy.^ Shirley, however, in following this course was listening to ambition as well as to principle, and avowed tO' the officials at home and to Belcher his intention to win recognition through services to the crown. His earliest case bearing upon controversial questions accomplished little more than tO' aline him clearly with the prerogative party in New England." ' Shirley's attitude in America was consistently loyal to the prevailing ministerial view in England of the binding force of the king's preroga- tive in the colonies, as exercised by his officials there, and during Belcher's administration this attitude appeared prominently in the English barrister's support of the claims of the admiralty court. Shirley perhaps had considerable familiarity with the civil law, essential as a basis for admiralty court practice, since he brought among his recom- mendations to Governor Belcher one from Dr. Exton Sayer, advocate- general of the admiralty and a noted English lawyer. Bel. Ps., vol. i, pp. 452-453. Concerning Dr. Sayer, cf. A. P, C, vol. iii, pp. 202-203, 283, 895; iChalmers, Revolt, vol. ii, p. 128; List of Vernon-Wagcr MSS., pp. 27, 30. ,, ' In a case in which he was employed a few days after his arrival by the Massachusetts assembly to aid some destitute Palatine immigrants he cut sharply athwart the current o( public opinion by bringing suit in the admiralty court, but counter suits developing in the prcivince courts he seems to have been unable to secure justice for his clients. The story of the Palatines and the efforts to obtain redress in their behalf appear in documents found in the Suffolk Files and in the SulTolk court records as follows: Suffolk Files, nos. 333-H, 33260, 33060, 34065, 32932; BARRISTER AND ADVOCATE-GENERAL 43 Belcher's kinsman, Judge B}^eld, of the admiralty court, and his intimate enemy, Dr. Cooke, took seats together upon the bench of the Suffolk County Court of Common Pleas, on December 9, 1731. Almost at once the grand jury impanelled by this court, over which Byfield then began to preside, sought, at the instigation of his versatile colleague Cooke, to show how it could be used to undermine the ad- miralty court of which Byfield still continued the head. Such procedure was a novelty, since the inferior courts of the province did not possess the right to interfere with pro- ceedings in the admiralty court. Cooke, however, through the grand jury, charged the officials of the admiralty court with " unjustly and extorsively " exceeding the fees fixed for their services by a provincial law. The aim was plaus- ibly stated by Shirley to be " to destroy the court totally by sinking the perquisites and fees of the judge from about thirty pounds a year sterling to fifteen." This was in truth only one phase of a concerted attack upon the king's prerogative in Massachusetts at that time. Other phases appeared in efforts to open the way for an expansion of the powers of the assembly by abridging the prerogative powers of the governor as defined in his in- structions. The attack upon the admiralty court seemed to be intended as a form of intimidation to promote the suc- cess of other daring measures hereafter referred to. Byfield, who seems to have felt no inclination to oppose Cooke until the latter sought to curtail his income as judge Massachusetts Admiralty Records, vol. iii, p. 106; Minute Book, Suffolk Superior Court of Judicature, 1731, 1733 (March 4, 1731/2) ; ihid., Barn- Mahle and Dukes, Plymouth. 1731, 1732, 1734, 1736, 1738, 1740 (April 18, 172^^- Cf. also, Massachusetts Archives, vol. xli, fol. 132; IMassa- chusetts Journal of the House of Representatives, June 23, 1732, p. 35, July 7, 1732, pp. S9-60; Massachusetts Council Records, vol. ix, pp. 257, 352. 356, 369; M'assachusetts Historical Society Proceedings, vol. iv, pp. 354-356; Bel. Ps., pt. i, pp. 109, 479; Acts and Resolves, vol. xi, p. 631. 44 WILLIAM SHIRLEY— A HISTORY of admiralty, now employed Shirley as counsel. Cooke's plans were defeated by the latter, who secured an appeal to the privy council despite the refusal of the superior court of the province to allow one. This court, after continuing a number of cases against officials of the admiralty court from session to session, " the attorney-general being indis- posed and not able to attend in person," in November, 1732, before the privy council had granted an appeal, dismissed all these cases at one time, without recording the grounds for their action. Before the appeal was granted, also, By- field was dead, which doubtless prevented the prosecution of it before the privy council.^ The result in this matter was not decisive on the issue be- tween crown and province. But Shirley had employed a method of procedure which he was to use again in even more important matters for the defense of the prerogative. He proceeded upon the theory that in all cases of impor- tance, regardless of the sum involved, the court of last resort was the privy council, in which his patron sat as the king's minister for colonial affairs. As counsel for parties concerned he appealed several cases involving public issues to the highest tribunal at home. This directly antagonized the Massachusetts policy, which sought to prevent appeal to the king in council and to make the superior court of the province in practice the court of last resort for all cases coiming under its jurisdiction. Shirley's theory was in har- mony with the existing legal relationships between province and empire; the policy of the province was prophetic of con- ditions to' come with independence. Meanwhile Belcher introduced a superficial change of policy. By winking at commercial practices condemned by 1 For this affair, cf. Suffolk Files, 33104; Minute Book, Suffolk Sup. Ct. of Jud., 1731, 1733; A. P. C, vol. iii, p. 384; Sh. Cor., vol. i, p. 3;. Washburn, op. cil., pp. 158-159, 319. BARRISTER AND ADVOCATE-GENERAL 45 Dunbar, by forming an alliance with Cooke, by making early solicitation of the home government for permission to accept annual grants of salary from the assembly in viola- tion of his instructions, and by other measures popular in the province, he avoided prolonged friction with the assem- bly/ In doing so he practically surrendered to the assem- bly, whose dependent he in substance became. Such perhaps was his intention from the beginning. But Belcher in the nature of things could not be the leader of the assembly, and Cooke, the idol of the people, although friendly to a compliant governor, continued to fight the prerogative no less audaciously than under more conscientious executives. Oil and fire cannot long remain quiescent together and the alliance between the governor and Cooke was about a year old when the former began to show signs of combustion. In May, 1731, Cooke inspired an appHcation by the as- sembly to the privy council for the withdrawal of the in- structions to the governor said to call for a limit on issues of paper money, a fixed salary for the governor, and a transfer of the treasury " from the care of the House of Representatives " tO' " the governor and council." Shortly after followed the attack on the admiralty court referred to above, made perhaps by way of emphasis of Cooke's other projects. This was quickly followed in 1732 by a petition of the assembly to the privy council covering the first and third items of that of the preceding year, with in- structions to Wilks that if it should be denied, an appeal should then be made to the House of Commons. Belcher's opposition at Whitehall to the assemibly's petitions protected his reputation with the ministry, although he referred to Cooke, their author, without aversion in a ^ On Belcher's handling of the salary question, cf. Bel. Ps., pt. i, pp. 42-43 and passim; Hutchinson, op. cit., pp. 337-338; A. P. C., vol. iii, pp. 261-264; 'Chalmers, Revolt, vol. ii, p. 139. 46 WILLIAM SHIRLEY— A HISTORY letter denouncing them to his agent in England, Francis Wilks. However, in the following year there came not only the expected condemnation of the position of the assembly from the privy council, but also a severe denun- ciation from the House of Commons. This shows, con- trary to what seems to have been the general impression,, that the Massachusetts government appealed to the House of Commons, not for legislation, nor for direct action of any sort, but only that the House " become intercessors for them with His Majesty." ^ Thereupon Belcher deftly re- moved Cooke from his judgeship and was gratified to see that the erstwhile popular idol, by partaking of his official bounty, had lost the sympathy of the masses. The people of Boston barely saved him from political death by electing him to the assembly by a margin of one or two votes.' 1 Cf. ibid., p. 135. The action by the Commons follows : "A memorial of the Counsel and Representatives of the province of the Massachusetts Bay was presented to the House, and read; laying before the House the difficulties and distresses they labor under, arising- from a royal instruction given to the present governor of the said province, in relation to the issuing and disposing of the publick monies of the said province; and moving the House to allow their agent to be- heard, by coimsel, upon this affair ; representing also the difficulties they are under, from a royal instruction given, as aforesaid, restraining the- emission of bills of credit; and concluding with a petition, that the House will take their case into consideration, and become intercessors for them with His Majesty, that he would be graciously pleased to with- draw the said instructions, as contrary to their charter, and tending, in their own nature, to distress, if not ruin, them. " Resolved, that the complaint contained in this memorial and petitiotr is frivolous and groundless, an high insult upon His Majesty's govern- ment, and tending to shake off the dependency of the said colony upon this kingdom, to which, by law and right, they are, and ought to be, subject- "Resolved, that the said memorial and petition be rejected." Journal of the House of Commons, May 10, 1733, vol. xxii, p. 145. ' For the episode of the addresses, cf. Bel. Ps., pt. i, pp. 226-228, 229- 230; Sh. Cor., vol. i, p. 4; A. P. C, vol. iii, pp. 326-334; Palfrey, Com- pendious History of A'ew England (Boston, 1884), vol. iv, pp. 50-52; Hutchinson, op. cit., vol. ii, p. 338; Chalmers, Revolt, vol. ii, pp. 135-139. BARRISTER AXD ADVOCATE-GENERAL 47 Belcher's policy was still to seek approval both at home and in the province, and he scored a point when the assem- bly, convinced of the impossibility of gaining at home the points covered by the addresses, gave up the contest there. Also the discrediting of Cooke helped to make the gover- nor's path easy. Upon Bjrfield's death in 1733, Belcher named Shirley judge of admiralty during pleasure. After serving for a brief period Shirley arranged with Belcher to exchange positions with Robert Auchmuty, then advocate-general of the court. Auchmuty held the post of judge until after Shirley became governor, and manifested somewhat the same spirit that was exhibited by the venerable Byfield. Shirley realized that the post was worth less than nothing to an honest supporter of the prerogative, in view of the hostility of the assembly and of prospective clients; and that, if administered to the satisfaction of the assembly, it must probably be a millstone about the neck of a man am- bitious for a career under the crown. He made it clear to the Duke of Newcastle that should the home government provide a salary for the post, instead of making it dependent upon fees, he would be glad to hold it. ^leanwhile he was too shrewd to accept responsibility without independence of provincial officials, and Belcher, having failed to make him his satellite or to place him where the upper and nether millstones of the British ministry and local opinion respec- tively would presumably reduce him to dust, deplored to Newcastle that " there is hardly any place here in the gift of the governor worth Mr. Shirley's notice." ^ Shirley's new post as advocate-general was that of the prosecuting officer of the court of vice-admiralty for the 1 Facts relating to Shirley's brief judicial career are found in Massa- chusetts Admiralty Records, vol. iii, pp. 135, 136; C. 0. 5 752; ihid., 899, 74; Sh. Cor., vol. i, pp. 2-4; Bel. Ps., pt. i, pp. 300, 309-310. 48 WILLIAM SHIRLEY-A HISTORY northern district. His chief duties related to the enforce- ment of the Acts of Trade and of the acts of Parliament for the protection of the royal rights in the New England woods. He took office just in time to assume the task of enforcing the Molasses Act of 1733, and is said to have labored faithfully to that end despite strong opposition; but his most conspicuous and doubtless his most important services related to the king's woods. His labors in support of English rights were diverse, arduous, costly of time and money in traveling over the district extending from Rhode Island to Maine, and injurious to his practice of law. These conditions he endured without compensation in the form of salary or fees, even without a lawyer's slight fee when, as he alleged was often the case, he acted upon his own initiative. His proceedings in connection with the king's woods were even less palatable to those affected than in the case of the enforcement of the Acts of Trade; but, as always, Shirley sought to serve at the same time his native country and himself.^ Shirley now enjoyed the independence which is possessed by those too poor to be despoiled.^ Only a boycott of the Elnglishman by provincial clients could check him in his support of the crown, and since he proved both trustworthy and likable, that was not undertaken. He lost some clients, no doubt, but he also became permanent counsel for one of the wealthiest and one of the most litigious merchants and ^ For the nature of his new position and of his service in it, cf. C. 0. 5 752; ibid., 899, 74. 'His post as advocate-general was perhaps as unprofitable as that of judge of admiralty would have been, but it was one in which he prob- ably could not be successfully attacked before the home government if efficient in the discharge of duty, while had he remained in the latter post judgments in favor of the crown would have lost him clients, while those in favor of defendants could be represented as due to corrupt bargains with those who profited thereby. BARRISTER AND ADVOCATE-GENERAL ^g landowners in New England, Samuel Waldo. His for- tunes were reduced, and judging by the tone of appeals by himself and Mrs. Shirley for his advancement to a lucrative position, desperate; yet he managed to sustain his family until promotion came.^ In his activity as advocate-general Shirley touched upon and came to comprehend the nature of the basic differences between New England and the home government. He also came to understand Belcher's political system. Since Bel- cher contributed next to nothing to the upholding of royal interests in New England save when such action was nec- essary to his security in office, it was inevitable that those who, like Shirley and the surveyor-general of the woods, were earnest in upholding British interests there should distrust the governor or openly quarrel with him. To un- derstand the course of Shirley one must first understand the policy of Belcher and that of the provincial statesmen of his day. The basic policy of Belcher was to remain popular in New England by allowing to its people that which they were most insistent upon possessing, opportunity to develop the natural resources of their country and to utilize them freely through commerce. The knowledge that the gov- ernor favored this policy, in connection with sundry devices of political strategy, kept the Massachusetts assembly usu- ally willing to vote annual grants, howbeit influenced by a prudent economy and a growing dislike of Belcher as years passed. In New Hampshire this policy drew to the sup- port of Belcher a minority made up of, first, a small group of propertied men, whose prosperity was dependent upon success in evading the laws for the protection of the woods, 'Records of a long list of cases conducted by Shirley for Samuel Waldo, which were in several instances appealed to the king in council, are found in the Suffolk Files. The straits to which he and his family were reduced appear from Sh. Cor., vol. i, pp. •>, 38. 50 WILLIAM SHIRLEY— A HISTORY and second, a rough and well-nigh lawless contingent of woodsmen, whose livelihood was secured by supplying the sawmill and ship-owners with the chief source of income to all alike, namely, the trees reserved for the crown. On the other hand, Belcher alienated from him the majority of the people of New Hampshire, chiefly upon the boundary issue, since he aided Massachusetts in the con- troversy. Local patriotism in New Hampshire kept a ma- jority of the assembly there consistently hostile to Belcher when his policy was once understood, but the governor, as the protagonist of his section, represented a larger patriot- ism. For the general interests of New England would be promoted by confining the royal province of New Hamp- shire to narrow limits, or still better by absorbing it within the much freer government of Massachusetts Bay. Belcher's indirect methods exemplified highly developed art. They not only prevented the contemporary home gov- ernment from getting a clear view of his intentions, but they also effectually obscured the vision of the old-school historians of New England, so that a lucid and compre- hensive narrative of his administration is still to be written.^ Massachusetts had been developing since her foundation an imperial policy which tended toward the absorption of all New England. After the colonies to the south of her had organized their governments under royal charters and were too firmly established to be submerged and too free ^ His contemporary, Hutchinson, did not attempt to give such an ac- count, not improbably because he was on intimate terms with Belcher and had supported his policy in regard to the New Hampshire Boundary and other matters, and because he was, despite his later service as a royal governor and his loyalty to the crown at the 'Revolution, in essen- tial sympathy with the Massachusetts position under Belcher. Cf. Bel. Ps., pt. ii, pp. 77, 334, 336, 341-343, 380, 386-390, 4P9. 426, 522, 523, 537, 542; The Diary and Letters of His Excellency, Thomas Hutchinson, Esq., ed. by P. O. Hutchinson (Boston, 1884-1886), vol. i, p. 51; Hutch- inson, Hist, of Mass., vol. ii, pp. v, 331-358. ■• BARRISTER AND ADV0CATE-9ENERAL SI to be a menace to her institutions, she reached out toward a dominion of northern New England which, if her measures had been unchecked, would logically have become a great commonwealth, under the Massachusetts charter, stretching from New York to the St. Croix river or beyond, and from Connecticut to Canada. This ambitious program, indi- cated by the logic of events, was in this period opposed in New England chiefly by New Hampshire, influenced by a local patriotism, and by the personal aspirations of politi- cians who could not hope for distinction under Massa- chusetts. The Massachusetts policy had been rudely interrupted when the arbitrary Andros came to New England as the last emissary of Stuart absolutism, and the interruption was made permanent when New Hampshire was not included in the territory of Massachusetts under the second charter. There now gradually developed a substitute policy of un- obtrusive penetration to the northward, under the guise of occupying lands claimed by New Hampshire but said to belong to Massachusetts under the extremely inconclusive boundary stated in the Massachusetts charter. This was easier to carry out since one governor presided over both provinces. The encroachments upon New Hampshire whereby that little province was well-nigh surrounded by a rising tide of settlement were merely a part of the general policy of ex- pansion in which Massachusetts was engaged. Another portion of this movement was taking place in disregard of British restrictions in the country east of New Hampshire. Massachusetts in the colonial period had established a government which displayed a marvelous degree of central- ized power under frontier conditions. The carefully directed expansion of the colony and province which followed the first dispersion of the early settlers in search of homes had 52 WILLIAM SHIRLEY— A HISTORY been carried out through the progressive incorporation of towns by the legislature where and when it seemed wise; these towns, under the supervision of the colonial govern- ment, serving in many instances as the marches of the commonwealth. By a process familiar to students of the evolution of in- stitutions, Massachusetts now adapted this old machinery for colonization and local government to new conditions. Elisha Cooke was the provincial statesman who saw the opportunity and animated New England to seize it. In its earlier stages Cooke's strategy was directed pri- marily toward the settlement and control of the former province of Maine. The jurisdiction of Massachusetts there was clear, but Cooke desired the organization of towns as a means of insuring beyond a peradventure that the New Englanders should enter into the land and possess it, in- cluding the mast trees which the crown so eagerly sought to reserve. The Massachusetts officials were also charged with seeking the same ends in laying out towns in districts claimed by New Hampshire, in addition to the obvious effort to secure jurisdiction over the territory. This process was well begun while Shute was governor, and a phase of the activities of the Massachusetts assembly in Maine led to his return to England in 1723 to register his vigorous complaint against the attitude of the province toward the king's woods.^ ^ Cooke had evolved the interesting theory that in lands now held by Massachusetts Bay in Maine, although a part of her domain and as yet mostly ungranted by her to private persons, it was neverthe- less beyond the power of the crown to reserve mast trees, inasmuch as that district in its entirety had been in private ownership through the proprietorship over it granted to Sir Ferdinando Gorges, which proprietorship, iCooke declared, had been passed on by purchase to the colony of Massachusetts before 1691. Cooke held further that the rights of the colony of Massachusetts to Maine had been vested in the province by the inclusion of that territory within its limits by BARRISTER AND ADVOCATE-GENERAL 53 Even as Shute voiced his complaint the process was going on apace all along the northern frontiers under the not un- friendly eye of his lieutenant-governor, William Dummer, a native of the province, too prudent to violate his instruc- tions conspicuously, but too sympathetic with his country to object to the negation of their spirit. In 1727, just asl the contractor for masts for the crown was being forced by the scarcity of suitable trees tO' shift his base of opera- tions from New Hampshire tO' Casco Bay in Maine, the Massachusetts assembly proposed to survey a line of townsi to extend from Berwick on the New Hampshire frontier to Casco Bay. It had been proposed in the preceding year, but not voted by the council, that surveys be made for lines of towns extending from Northfield on the Connecticut tO Dunstable on the Merrimac, and from Dunstable north on both sides of the Merrimac to Penacook or Concord. This proposal was now joined with that for a line of towns in Maine. The lower house did not then succeed in getting] adoption of wholesale plans for promoting colonization through committees to be named for the purpose, but sur- veys for the various lines of towns were then made and the plans were later quietly put into effect from time to time by the creation of single towns. the charter of 1691. Under this theory Cooke was buying and selling lands in the Maine forests, even outside townships, regardless of the reservation of mast trees. The province government, however, was giving as much color of law as possible to private claims by the granting of townships in the mast country, as a kind of argument could be made that such grants made the trees within them private property even though the grant came after 1691. For this phase of the New England situation, cf. A. P. C, vol. iii, PP- 93-94; vol. vi, p. 164; Matthews, op. cit., pp. 66-67; Hutchinson, op. cit., vol. ii, pp. 223-225, 228-230, 260-261; Bel. Ps., pt. i, p. 194; Sullivan, op. cit., pp. 111-154, 159-165, 179, 284-304 and appendix; Lord, op. cit., pp. 113-115; Andrews, "List of 'Representations," Am. His. Assoc. Rep. for 1913, vol. i, p. 368. 54 WILLIAM SHIRLEY— A HISTORY This plan was extended for more intensive encroachment upon New Hampshire as the efforts of the latter to secure a settlement of the boundary dispute became more strenu- ous. In 1736 a committee was named to survey and grant to settlers and to supervise the settlement of a double line of towns from Penacook to the falls of the Connecticut and another line southward upon the eastern bank of the river from that point to Winchester, thirteen in all. By an early grant of Penacook, by rewarding the descendants of those who had fought in previous wars with grants of newly surveyed townships, many of which were in the area in dispute Itvith New Hampshire, 'and by the crefeition of three towns on Ashuelot river, fourteen other townships; in New Hampshire had been granted by Massachusetts be- fore commissioners for the settlement of the line met at Hampton, August i, 1737. These hastily-made grantsi were not yet fully settled when the boundary award nega- tived the ambitions of Massachusetts to confine New Hamp- shire to a harbor and its immediate hinterland. However, the alleged purpose of settling the more advanced lines, the defense of the frontiers, could no doubt have been more effectively attained under the control and with the backing of the immeasurably greater resources of Massachusetts. As it turned out, a considerable body of Massachusetts set- tlers who had found homes in New Hampshire, gave much needed strength to its frail structure, and made appreciably easier the political leadership which the larger province main- tained of its weaker neighbor until after the Revolution.' Belcher's share in these matters will make a prettier study in intrigue for a future biographer than usually falls to the 1 For the expansion in Maine and the encroachments upon New Hampshire cf. New Hampshire Provincial and State Papers (Concord, etc., 1867-191S), vols, iv, xix, xxiv; A. P. C, vol. iii, p. 184; Fry, New Hampshire as a Royal Province (New York, 1908), pp. 243-261. BARRISTER AND ADVOCATE-GENERAL 55 lot of the historical investigator. He was clearly partisan in the interest of Massachusetts, though representing himself at home as sympathetic with New Hampshire, and he omit- ted no obvious device to prevent a settlement unfavorable td Massachusetts Bay. He understood that a victory for New Hampshire would presage his removal as governor of that province, and perhaps from his post in Massachusetts. To that extent he appears less the patriot and more the parasite upon the body politic. Shirley was not at first drawn directly into this controversy. Later, when hostility broke out between the two men, he testified to the methods of administration in New Hampshire employed by Belcher in connection with his fight there to maintain his supremacy as governor, and thus became an important factor in discred- iting the latter at home. While Belcher and the popular party in Massachusetts/ were thus mutually helpful tO' their respective interests, a situation developed in the country east oi New Hampshire which caused much wrath to both, and gave an opportunity to Shirley to render a service to the crown both considerable and conspicuous. The train for this eruption had been laid by the conflict between provincial and imperial interests there, in the interplay of which private interests had sustained an important part. While Dunbar, as de facto' governor of the mythical prov- ince O'f Georgia, was causing fury and misgivings tO' the people of Massachusetts in general and to the individuals who' possessed more or less valid titles to lands in the areal afflicted by his harsh measures in particular, Samuel Waldo came forward as the Sir Galahad of New England and the protagonist for the grantees of lands in dispute. Having been assured of a generous reward if successful in securing recognition of the title to the lands east of the Kennebec claimed by himself and others, Waldo set out for England. 56 WILLIAM SHIRLEY— A HISTORY He was then described by David Dunbar as one of " Dr. Cook's violent ones," and his petition to the privy council was on behalf of a group of proprietors which included Cooke, the steady opponent of the king's prerogative. Despite this handicap in the eyes of the English government Waldo possessed some elements of strength in his applica- tion. He was the agent in New England of the contractor for masts for the royaJ navy, he appeared on behalf of vested interests, always tenderly regarded by the privy council, and he was not a representative of the provincial govern- ment, always suspected of improper motives. The privy council, after considering the claims of pro^ prietors in the disputed district, known as Sagadahoc, the memorial of the Massachusetts general court claiming juris- diction over it and the opinions upon the whole ma:tter of the attorney-general and solicitor-general, indorsed the claims of private individuals to lands there and the right of the Massachusetts government to general jurisdiction over it. This judgment, however, was only partially a victory for the province. Under the provincial charter this territory was under the control of the provincial government but could not be granted to private individuals without the consent of the crown. As a result settlements there had been made by private initiative under authority of royal grants made be- fore the country came under Massachusetts control, and these had been known as plantations or " towns " without being incorporated as such.^ While Dunbar was uprooting the settlements there, the provincial government had attempted to assert a doubtful jurisdiction over the region through the officials of York ' A clash of interest between the grantees and the province developed which in a later stage took the form of litigation involving the crovim and the province. At this point Shirley appeared as the representative of the crown's interests. BARRISTER AXD ADVOCATE-GEXERAL -y County. This was met by an order in council of Xovember 12, 1730, forbidding the exercise of the authority of Massa- chusetts in the district during the pendency of the issue with Dunbar. The decision of the privy council on Waldo's peti- tion, while recognizing that Sagadahoc lay within the juris- diction of Massachusetts, explicitly pointed out the charter provision limiting the right of the province to grant lands there to individuals. Therefore when the crown recognized the title of Waldo and others to lands in this district, inas- much as their settlements had not been incorporated as towns it asserted for the proprietors of these settlements a freedom to proceed with their plans. In the nature of the case this gave them semi-independence of the provincial government ; for the officials could not specify conditions of settlement such as were placed in town charters, or maintain the same closeness of supervision that was exercised over the for- mally incorporated towns.^ Waldo now held a large area east of the Kennebec, was a royal agent known to be interested in the preservation of mast trees, and began applying his restless energy and ambi- tion to the execution of large plans for the settlement and development of the domain which had been awarded him. He soon encountered difficulties in his undertakings in the eastern country and attributed his troubles with some reason to Belcher's influence. Before the end of 1733 the twoi men were on terms similar to those previously existing be- tween the governor and David Dunbar. Throughout the remaining years of his governorship Belcher in letters to his friends and to officials at home showered wrath, scorn and innuendo upon this antagonist, who in return made the 1 For the controversy over titles and jurisdictions in Sagadahoc, cf. supra, p. 32; A. P. C, vol. iii, pp. 275-2?3; vol. vi, pp. 225-230; ^fe. H. S. Colls., loc. cit., vol. xi, pp. 2-3, 20-21, 25-29. 152-153 ; Lord, op. cit., pp. 51-55; Palfrey, History of Nezi.' England (Boston, 1858-1890), vol. iv, pp. 568-569 ; Hutchinson, op. cit., vol. ii, pp. 339-340- 58 WILLIAM SHIRLEY— A HISTORY care of his estate an avocation, conducted in large measure through the hands of Shirley, and his vocation the ending of Belcher's career as governor/ In the summer of 1733 Duabar sought to make peace with the governor and at the same time proposed to bring the country about Pemaquid under the Massachusetts authori- ties. Upon the withdrawal of the garrison to Nova Scotia Belcher seized the apparent opportunity to abate the opposi- tion of his chief opponent in America. Soon after, Belcher's hopes of securing the appointment of a different lieutenant-governor for New Hampshire were dashed by news from home, and he then turned tO' schemes for persuad- ing Dunbar to resign. Meanwhile the governor and hisi lieutenant were superficially friendly. Soon it appeared that the governor had not reduced his claims to control in New Hampshire, or changed his policy in matters relating to Dunbar's duties as surveyor-general, and that the latter proposed merely a personal rapprochement but continued his claims and opposition to the governor in England, and his support of royal interests in America. So it fell out, that while Waldo was being exasperated, the governor, upon receiving favorable accounts of the atti- tude of officials at home toward his conduct, deliberately broke again with Dunbar, which resulted in a general al- 1 The difficulties of Waldo in the Penobscot country were, at least superficially, largely through the Indians, who annoyed his settlers and threatened his settlements. {Me, H. S. Colls., loc. cit., vol. xi, pp. 149-172.) They seem, however, to have been secretly encouraged to oppose Waldo's claims by interested whites. (Shirley to Board, Mar. 12, 1744, C. O. 5 884, Ff, 23.) Belcher later made the inadequate explanation that he was prevented by treaties formerly made with the Indians from supporting Waldo's claims. For the development of the feud between Waldo and Belcher, cf. Bel. Ps., passim; Sh. Cor., vol. i, p. 8; A''. H. Pr. Ps., vol. iv, pp. 14^15, 846; vol. xviii, pp. 6-7, 37, 159-160; Palfrey, Comp. Hist., vol. iv, pp. 136-137; Johnston, op. cit., p. 472; WiUiamson, op. cit., p. 177. BARRISTER AND ADVOCATE-GENERAL 59 liance of his enemies in New England led by Elisha Cooke, Dunbar and Waldo. This was the turning point of Belcher's career, for from this time the opposition of all faithful servants of the crown in New England was reenforced by the personal animosity of a group of able imen whose cherished plans had been shattered by the governor. They ultimately made his posi- tion untenable in England. Contemporaneously with the development of the feud between Waldo and Belcher, which in its public aspect re- lated to the administration of the lands between the Ken- nebec and the Penobscot, the Massachusetts legislature be- came aggressive in forwarding their plans for the domina- tion of the former province of Maine, lying between the Kennebec and New Hampshire.^ This activity of the Massachusetts legislature was in the nature of a challenge to the representatives of the king's prerogative in the country west of the Kennebec and was accompanied by the governor's efforts to establish the pro- vincial control over the eastern country through the officials of York county. If he should succeed, the future develop- ment of the country east of the Kennebec would naturally be directed by the province rather than by the crown. The challenge was quickly accepted, probably the more quickly because o.l recent happenings east of the Kennebec. Waldo acting for Gulston, the contractor for masts for the royal navy, at some time during the winter of 1733-4, sent workmen into a tract of woodland located in Berwick with directions to cut certain mast trees growing there which 1 On November 6, 1733, the two houses of the legislature named a joint committee to supervise the settlement of Berwick, Maine, close to the New Hampshire border, on the western end of the line of towns planned in 1727, to extend from Berwick to Casco Bay. Cf. supra, p. S3; Jour., p. 106; Cf. Recs., vol. xv, p. 470. Cf. also, SulHvan, ^/>. cit., pp. 245-248. 6o WILLIAM SHIRLEY— A HISTORY had previously been viewed and " allov^red " for masts by Dunbar as surveyor-general. The trees were accordingly cut, whereupon this defiance of the popular theory that the crown had no' right to mast trees within any township, was at once taken up by the alleged owner of the tract upon which the trees stood. The result was a legal battle in which suit was brought) against the workmen and prosecuted against one of them. Thereupon Waldo requested Shirley to defend his employee, and when both the inferior and superior courts of the prov- ince decided against him, advanced the money to pay the execution, and also to support an application for an appeal to the privy council. This application, upon Shirley's peti- tion, was allowed by that body despite the refusal of the superior court to' permit an appeal. The issue was won by Waldo in law before the privy council, but the decision proved unenforceable in America at this time because of the essential refusal of both courts and governor to take steps to carry it out, despite the peremptory mandate of the privy council to both. This case, that of Frost v. Leighton, was a test case in which the real parities in interest were, on the one side the crown's officials concerned in the preservation of mast trees, and on the other the province of Massachusetts Bay, in- cluding all branches of its government. The litigation was not welcome to the province, but was unavoidable unless it was ready to admiit defeat when Waldo and Dunbar car- ried the issue into the townships in defiance of the Massa- chusetts polity in the frontier districts. The province made it a public issue by supplying Frost with funds with which tol maintain his defense against the appeal to the privy council. The net result of the efforts to enforce the decision was for the time being the enunciation by the superior court of a thinly veiled claim to judicial independence of the privy BARRISTER AND ADVOCATE-GENERAL 6l council, on grounds to be found in the provincial charter and the laws enacted under it. The conclusion of the case was reached only after Shirley became governor.^ \^''hile this issue was being contested in England the im- mediate advantage as well as the probable ultimate advant- age was so palpably with the provincials that all persons interested in the exploitation of the woods displayed a new boldness. This appeared aotably in the affair in New Hampshire in the spring of 1734 known as the Exeter riot. Dunbar, after the truce between himself and Belcher had been dissolved, remained in New Hampshire in the effort to enforce the king's rights in the woods. A crisis came in April, 1734, when Dunbar, while in the performance of his official duty, was insulted by men in the woods, apparently loggers. At about the same time, also, he, as surveyor- general, sent some men to Exeter to act for him and they were viciously assaulted by a group of unknown roughs. Dunbar then assumed the position of acting governor in the absence of Belcher, but the New Hampshire cotmcil re- fused to act with him to bring the offenders to justice. Belcher, although professing to uphold law and order, so proceeded that no one was arrested for the offense, and the lumber from condemned logs which was at issue was ' For accounts of the case of Frost v. Leighton from the point of view of constitutional law, cf. articles by Andrew McFarland Davis in the Am. His. Rev., vol. ii, pp. 229-240, and in the Pub. Col. Soc. Mass., vol. iii, pp. 246-264, and for a more concise discussion, Schles- inger, in the Political Science Quarterly, vol. xxviii, pp. 434-437. The action of the privy council in the case is given- in A. P. C, vol. iii, pp. 461-470. Cf. also Shirley to the Admiralty, May 6, 1739, Ad. I, 3817; Bel. Ps., pt. ii, pp. 250, 276; Popple to Attorney-general and SoUcitor-general, Sept. 18, 173 [S], C. 0. 5 9i7, 146; ditto to ditto, Jan. 15, 1736, C. 0. S 917, ISS; ditto to ditto, Feb. 18, 1736, C. O. 5 917, 137; Frost to General Court, Dec. 17, I73S, Ad. I, 3817; Popple to Wager, Feb. 12, 1736, C. O. 5 917, iS6; Popple to Attorney-general, May 4, 1736, C. 0. 5 9I7. 166. 62 WILLIAM SHIRLEY— A HISTORY carried off before any effective action was taken by the governor ito secure it for the crown. The evidence is strong that the New Hampshire local officials as well as a large majority of the council were then not only loyal membersl pi Belcher's political machine, but also in sympa:thy with, and very often personally interested in, the lucrative business of turning the king's mast trees into merchandise. This affair was inevitably followed by complaints by Dunbar at home against the governor and by complaints by the governor's supporters in New Hampshire against the surveyor-general, the latter apparently being prepared with the governor's knowledge and not improbably at his instiga- tion.^ During the remaining years of Belcher's administration the frontiers of New England continued to be the scenes of successful encroachmfint upon the legal rights of the crown in the woods, and the venomous feud between governor and surveyor-general dragged on its wearisome length. The lawless loggers of the frontiers had won a victory ; but the governor, encitmbered by ministerial observation, was rid- ing to a fall which was inevitable despite the obtuseness-, irresolution and dilatoriness of the officials at home. The chief forces which were to bring about his overthrow had already been set in motion. The governor's humiliation and Shirley's coincident success will be the theme of the succeeding chapter. '■ Cf. upon this episode, Shirley to the Admiralty, May 6, 1739; Dunbar to iShirley, Apr. 29, 1734; Matthew Livermore to Shirley, May 2, 1734; Dunbar to Shirley, May 3, 1734; and Dunbar to Belcher, June 20, 1734, all in P. R. 0., Ad. I, 3817. Cf. also, Bel. Ps., pt. ii, pp. 45-92, passim; N. H. Pr. Ps., vol. iv, pp. 678-680, 840, 872, 874; vol. xviii, pp. 52-57; Bell, History of the Town of Exeter (Exeter, 1888), pp. 72-75. CHAPTER IV The Downfall of Governor Belcher After Dunbar appeared to seek friendly relations with Belcher in the summer of 1733, the latter gave every evi- dence of believing that he had won at all points, and con- fided to his trusted lieutenant in New Hampshire, Richard Waldron, that he would from this time follow a new policy. This, it seemed, was to be one of proscription of all who were not submissive to the governor's will. He professed to have letters from England showing a high degree of approval of his administration. The governor, however, was oversanguine. Shortly after he announced this policy, he learned that letters from Newcastle and Lord Wilming- ton formally approving his administration could not be secured, and his position was still further embarrassed when complaints of the ugly-looking happenings in New Hamp- shire in the following spring reached England. Before these matters were known in England, however, the board of trade, under the leadership of Bladen, had subjected his agents, Richard Partridge and Jonathan Belcher, Jr., to marked humiliation at a hearing. A report of the affair circulated in America even alleged that the son had been forbidden ever tO' appear again before the board.^ From this time the governor on the whole held his own in America until the closing years of his administration, ■■ For this phase of Belcher's policy and its results, cf. Bel. Ps., pt i, pp. 317, 404; pt. ii, pp. 196, 227-230, 506, 513, S24, 556; List of Vernon- Wager Mss., pp. 45, 46, 47, 50. 63 64 WILLIAM SHIRLEY— A HISTORY but gradually lost control of the situation in England, where his enemies concentrated their attack upon him. Aside from the inertia of the clumsy and intricate British sys- tem of colonial administration, always favorable to a governor imder attack (if ably represented in England), Belcher now relied chiefly upon two of the king's ministers. Sir Charles Wager, First Lord of the. Admiralty, and Lord Wilmington, President of the Privy Council. With the former he was on terms of some intimacy, which the gover- nor relied on to secure support for his acts from other members of the cabinet. Lord Wilmington, a personage of much dignity but also of much inertia, seems never to have reached a clear judgment as to Belcher's reliability as a royal servant until the latter was about to be removed from his governments. During the earlier phases of the governor's contest with his enemies Shirley maintained an attitude correctly impartial. He worked officially with Dunbar as surveyor-general but without obvious personal animus toward the governor. When Dunbar stopped ships loaded with boards sawed from logs condemned for the king's use, when passing the fort at the outlet of the Piscataqua, and asked Shirley's opinion of his power to do it, the advocate-general expressed doubt of his right, and the sun-eyor-general desisted. Shortly after, however, when Dunbar asked his opirfion as to his right to serve as acting-governor of New Hampshire in the absence of Belcher from the province, Shirley upheld his right so to serve. The governor, always ready to purchase support with petty and showy baubles, secured Shirley's oral and written advice regarding his son's procedure as a student at the Temple, and finding Shirley favorable to Dunbar's claims, admonished his son to answer Shirley's letter " in the strongest politest manner." ^ 1 B«lcher illuminates these matters in the following pages of his cor- THE DOnWFALL OF GOVERNOR BELCHER 65 The governor, however, was prepared to offer no largess to the struggling barrister beyond the unsubstantial specie of fair words. Shirley evidently saw that he could neither count upon the governor's support, nor, at that time, attack him openly with safety. Dunbar, when he sought Shirley's opinion upon the points at issue between himself and Belcher, was meditating an early trip to England to carr}- his com- plaints before the ministers there; but he did not go at once.^ Hence Shirley's opinion did not receive the prominence in England that it might otherwise have had. Shirley had almost from his arrival sought promotion to a lucrative office in America, at first with no better title than his capacity and the duke's friendship. Shortly after his arrival in Zvlassachusetts, Mr. Bradley, the king's attorney- general in New York, hearing that Shirley was applying for his post upon a " mistaken " report of his death, pleaded on behalf of himself, his wife and seven children that he might not " loose " his position so long as he behaved " un- blameably " in it. Mr. Bradley's vested interest in his posi- tion WcLs not disturbed. When Dunbar planned to dispose of his positions as sun'eyor-general of the woods and sur\-eyor of the king's lands in Xova Scotia in 1733. Shirlej' tried to arrange to purchase the commissions, but Dunbar finally retained them. When in the next year the collector- ship of the customs in Rhode Island was vacant, applica- tion was made to Newcastle on Shirley's behalf for that post; but although the duke remembered him kindly the post was bestowed elsewhere. Belcher had another candi- date, but he seems not to have been appointed. \\''ith per- severance and apparent optimism which one must admire respondence: pt. i. pp. 80-Si, 128, 186; pt. ii, pp. 54-35- 66, 82, 92 and note, 98, 122. 125. 126, 147. 154. 155. 161. Cf. also -V. H. Pr. Ps., vol. iv, p. 874; Dunbar to Shirley. Apr. 29. 1734. Ad. I. 5S17 : Shirley to Dunbar, May 6, 1734, Maine Historical and Genealogical Recorder, vol. vi. p. 504. 1 Dunbar to Shirley, April 29, i734- --^i- I- ^^^7- 66 WILLIAM SHIRLEY— A HISTORY Shirley soon after sought through the Duke of Newcastle a salary as advocate-general of the court of admiralty. Belcher on this occasion recommended that Shirley be al- lowed " some salary." No action at home seems to have followed this application. Two years later appeared the best opportunity which had yet arisen for him to get his claims considered at home. The belief that things were radically wrong with the king's woods in New England apparently was now generally held by the ministry. Thereupon Newcastle wrote Belcher with convenient vagueness urging that he care for the woods, and later Sir Charles Wager asked the governor to send over the draft of a bill to be passed by Parliament for the protection of the woods. Shirley's services and training as advocate-general made him a well-qualified person to draft the measure requested and Belcher therefore acted reason- ably, if astutely, in directing him to prepare it. Shirley pre- pared a draft of an act providing for vigorous procedure against mill men and shipowners concerned in sawing con- demned logs or transporting away the lumber from them' without the direction of the surveyor-general or his de- puties. That this opportunity might be turned to full ac- count he arranged that Mrs. Shirley should serve as the mes- senger to deliver the draft to the Duke of Newcastle, and also to deliver a letter from Belcher recommending that Shirley be allowed a salary as advocate-general. In this letter Belcher courteously damned Shirley's draft with care- fully restrained disparagement which leaves the reader un- able to assert with confidence whether the " honour and rep- utation " which he declared had characterized the career of Mr. Shirley in America were to be understood as the qualities which might be expected in a Caesar or in a Brutus. A few months later Shirley appeared again as the pro- tagonist for the crown's rights in the woods. He now THE DOWNFALL OF GOVERNOR BELCHER 67 transmitted to the diJce a case prepared for the opinion of the attorney-general and solicitor-general bearing upon the rights of the crown in the former province of Maine. He further suggested the purchase of the rights of Air. Usher in that district, if they should be found valid,^ and finally ventured to suggest the somewhat grandiose project of unit- ing New Hampshire, the former province of ]\Iaine and the country east of the Kennebec in a single royal province. He expressed confidence that this could be accomplished by proper management without causing difficulty for the ministry. This case was presented by Dimbar to the board of trade, and by their direction was submdtted to the auditor of the plantations. No record of further action upon it appears, although the statement of the value of the eastern country seems to have remained in the minds of the board-* The needy barrister at the beginning of 1737 caught at a chance to apply for the post of attorney-general of Virginia reported vacant by death. Once more he suffered disap- pointment.= ^ The Mr. Usher referred to was apparently a son of John Usher, a merchant of Boston and former lieutenant-governor of New Hamp- shire. The elder Usher had purchased the province of Maine from the grandson of Sir Ferdinando Gorges, the original grantee, and transferred his title, so far as possible, to the colony of Massachu- setts Bay in 1678. Later Mr. \\'est, as counsel for the board of trade, gave his opinion that the colony did not possess the power under its charter to purchase Maine. If this opinion represented good law the title to Maine had, since its transfer to John Usher, been vested in him and his heirs. Shirley seems to have referred to this alleged title in his letter to the duke. Cf. Qialmers, Opinions, pp. 133-137. *Cf. Dunbar to Board, Feb. 8, 1743, C. O 5 883, Ee, 75. 'For Shirley's eflforts to secure office and salary previous to Mrs. Shirley's arrival in Eiigland, cf. C. O. 5 1093, no; Sh. Cor., voL i, pp. 4-S, 6-8, 10-11; Shirley to Newcastle, Xov. 19, 1734 C. O. 5 899, 74^ Bel. Ps„ pt. ii, pp. 33, 38, 460; Belcher to Newcastle, Nov. 26, 30, 1734,. C. O. 5 899; Belcher to Newcastle, July 8, 1736, C. O. 5 899, 164; Shirley to Newcastle, July 19, 1736, C. O. 5 899, 171; Draft of bill to- be passed by Parliament, C. 0. 5 899, 184; Shirley to the King, C. 0. 5 752- 68 WILLIAM SHIRLEY— A HISTORY Meanwhile Mrs. Shirley entered upon her mission in England as her husband's representative with great energy", ability and tact. She probably reached London in the early autumn of 1736. She found the Duke of Newcastle at first too busy to be approached, but got Shirley's petition be- fore him through his more accessible brother, Henry Pelham. Meanwhile she had made the acquaintance and secured the backing of the chief men on the board of trade. The duke had told his brother that he would do' what he could for Mr. Shirley, and she was info^rmed that the next step would be a reference of the petition to the admiralty or to the board of trade. Preferring the latter to Belcher's friend. Wager, at the admiralty, she wrote a letter to the duke begging that the reference might be to Bladen and his associates, who, she stated, were " well informed of the affair, and much disposed to assist me in it." Her appeal was filled with the humility of helplessness and the energy of desperation. It won her point and the matter was re- ferred to the board of trade. At the same time Mrs. Shirley made an alternative plea that Mr. Shirley be named secretary of New York, should that post become vacant. This proved tO' be one more phantom opportunity. Relatively rapid action was secured upon the petition for a salary and on May 19, 1737, the board reported in favor of granting the petition. The absence of further record of official action upon the matter indicates that either op- position or mertia appeared in the privy council. Perhaps it was not much after this that Mrs. Shirley petitioned the commissioners of the treasury for Mr. Shir- ley's appointment to " the post of collector of the customs at the port of Boston, or some other of like value, as soon as any vacancy shall happen." In November, 1737, a con- ference was arranged between the duke, Mr. Pelham and Sir Robert Walpole upon the subject of a " petition of Mr. THE DOWNFALL OF GOVERNOR BELCHER 69 Shirley." Since posts in the customs service in Americai came under Sir Robert's jurisdicton, it is not unhkely that the petition related to the collectorship at Boston. Not improbably, also-, the duke referred tO' the same matter on July 23, 1738, when he assured Mrs. Shirley he would " re- peat my solicitations to Sr Robert Walpole, for the employ- ment that you formerly mentioned tO' me, which is in the gift of the Treasury." Apparently at this time, or earlier the duke recommended Shirley " to His Majesty for some post in the customs in America." Meanwhile, Mrs. Shirley, at her first audience with New- castle, perhaps early in 1737, had mentioned the position of naval officer at Boston. This was a post which Belcher had given to his son-in-law, Byfield Lyde, upon assuming the governorship, and when later directed by the ministry to appoint a Mr. Pemberton tO' perform its functions had done so with an ill grace, followed by repeated efforts to restore his son-in-law to his former sinecure. On January 2, 1738, Shirley wrote to Newcastle upon the subject. He had information that a prominent financier and dissenter, Holden, acting for Belcher had secured a half promise from Sir Robert Walpole that his son-in-law, Mr. Lyde, should be restored tO' his post. When, therefore, Mr. Lyde sailed for England tO' plead his cause, Shirley appealed tO' the duke on his own behalf in case any change should be made. Shirley added that the governor, in an effort tO' prevent him from applying for the post, " threatens me with his displeasure, if I do; and tells me, if I should succeed, he shall be very troublesome to me." He therefore begs " that I may not be left in a situation which may expose me td the ill usages of this or any future governor." Thus, ap- parently, did Belcher and Shirley fall out. Since Shirley burned his bridges behind him in making this application, it is not surprising to find that some time 70 WILLIAM SHIRLEY— A HISTORY before midsummer of 1738 Mrs. Shirley was applying to the duke on his behalf for " the government of New Eng- land." But it was not a propitious time, and the duke soon answered with assurances of good will indeed, but with the statement that he knew nothing of a probable vacancy in the government of New England nor of a vacancy in the position of naval officer. However, he pledged his support to secure his appointment as chief justice of New York, in case the incumibent of that office should be removed. This, with his promise already noted to seek again Sir Robert Walpole's backing for a position for Shirley under the treasury, was all the duke was able to do for his protege at that time. It was apparent, however, that Newcastle was now gen- uinely interested in the fortunes of the Shirleys and was committed to the support of his application for some finan- cial amelioration through the government, and that Bel- cher's position was now sufficiently weak at home to lead Mrs. Shirley to suppose that he might soon be displaced.^ Belcher's position at home was indeed becoming un- comfortable. His subordination of New Hampshire in- terests to those of Massachusetts, especially in regard to the boundary dispute, had resulted in the naming of an agent of the New Hampshire assembly to seek a settlement of the 1 For matters relating to the efforts chronicled above on Shirley's behalf from Mrs. Shirley's arrival in England, cf. Sh. Cor., vol. i, pp. 8-12; Board of Trade to the King, May 19, 1737 (Prof. Andrews' reference to this report of the board of trade in Am. His. Assoc. Rep. for 1913', vol. i, p. 378, describes it as dealing with " Mr. Shirley's petition for a fixed salary as attorney-general." Mr. Shirley's office was that of advocate-general) ; Thomas Pelham tO' , Nov. 3, 1737 and Frances Shirley for Wm. Shirley, to the Commissioners of the Treasury, all in C. O. S 752; Board of Trade to Newcastle, May 19. 1737, C. O. 5 917, 218; Shirley to Newcastle, Jan. 2, 1738, C. 0. 5 899, 239; N. H. Pr. Ps., vol. xxiii, p. 186. Cf. also. Palfrey, Comp. Hist, vol. iv, p. 136. THE DOWNFALL OF GOVERNOR BELCHER 71 boundary and later to seek also the naming of a separate governor for New Hampshire. John Rindge, a New Hampshire merchant with business in London, was originally given this commission, October 7, 1731, and he served his cause well by enlisting as his successor, John Thomlin- son, a London merchant of remarkable energy, ability and soundness of judgment, who was approved for the post, January 11, 1734.^ His success in securing a settlement of the boundary question in a manner favorable to New Hampshire was one of the severest blows to Belcher's policy and prestige. Moreover, Belcher seems to have acted with doubtful wisdom upon his accession in demanding that his lieutenant- .governor in New Hampshire, John Wentworth, renounce all claim to salary there save so far as he might receive it as the governor's bounty. It was said that the death of the proud but helpless lieutenant-governor, December 2, 1730^ after only a brief tenure under the arrogant Belcher was one of heartbreak at treatment which he could not effectively resent. However, his son, Benning Wentworth, became a bitter opponent of Belcher's administration in New Hampshire, and, going to England on business, joined the gathering clans of the governor's enemies in London. Also Theodore Atkinson, a prominent man and son-in-law of Lieutenant-Governor John Wentworth, turned against Belcher, and with Dunbar's backing was forced into the governor's council against his protest, and vigorously fought him until he was removed. David Dunbar, also, after re- miaining a thorn in Belcher's side in New England until 1737,- decided to appeal to the ministers at home in person in favor of an effective policy of protection of the king's woods. In doing so the chief onus of his discontent fell upon Belcher. In fact, Dunbar, upon arriving in London, 1 N. H. Pr. Ps., vol. iv, pp. 612, 655. 72 WILLIAM SHIRLEY— A HISTORY made a general onslaught upon the governor charging him openly with disloyalty to the imperial government and its policies. Samuel Waldo, also, after involving Belcher in the case of Frost V. Leighton, forgathered with the other insur- gents in London. Still another addition was made tO' the London junto, when the Massachusetts assembly, dissatisfied with the ser- vice of Belcher's henchman, Francis Wilks, as their agent, sent over, without the governor's approval, Christopher Kilby as their special agent. Earlier efforts to send Samuel Waldo in the same capacity had failed. Other enemies in England of less influence contributed their voices to the general outcry, and also some in Americai by correspondence advanced grievances against the facile but unpopular governor. Elisha Cooke, the great democrat, could not command a hearing at home. However, it was a different case when Paul Dudley, son of Governor Joseph Dudley of Massachusetts, having been judged unsuited to a seat in the council by Belcher, made coimplaint to his friend and patron, Horatio Walpole, brother of the prime minister. Dudley also charged that Belcher obstructed him in the affairs of his office as deputy-auditor under his patron. The latter in consequence became the consistent enemy of Belcher so long as he retained his governorship. Horatio Walpole also* resented Belcher's failure to secure success in some matter which he intrusted tO' him.^ ^ For the assembling of Belcher's enemies in England, and the early cooperation of those there and at home, cf. Bel. Ps., pt. ii, pp. 204, 209, 215-216, 222-225, 231-233, 235-237, 248-249, 252, 264-268, 317, 351, 382, 385, 394-395, 398, 491, 508, 521, 526; N. H. Pr. Ps., vol. iv, pp. 569, S7I, 587, 612, 650, 759; Suffolk Files, no. 100135; Adams, Annals of Portsmouth (Portsmouth, 1825), pp. 155-156; Brewster, Rambles about Portsmouth, etc. (Portsmouth, 1859-1869), sec. ser., p. 62; Collins,. op. cit., vol. i, p. 418. THE DOWNFALL OP GOVERNOR BELCHER 73 The efforts to advance Shirley and those tO' remove Bel- cher were not at first joined, but they had entirely congru- ous ends in view. The evidence regarding the attitude of Shirley toward the efforts to remove Belcher like that re- garding Belcher's deserts is conficting. Nevertheless many essential facts can be established.^ It is daubtless true that Belcher's enemies planned ta secure his removal from both his governments, but recog- 1 One must use with caution practically all contemporary accounts dealing with matters affecting Belcher's removal, for they were written by New Englanders or by men concerned in public affairs in England who in the nature of things could not be impartial. In particular the testimony of Thomas Hutchinson should be used with reserve. This warning is necessary because practically all writers have accorded to Hutchinson high esteem for accuracy and impartiality, a judgment which is not here, in general, called in question. In regard to this matter, howtever, he was a partisan, and himself bore a part in the events he attempts to evaluate, going to England as the agent of landowners and inhabitants interested in saving what might be from the wreck of Massachusetts' imperial ambition after the New Hamp- shire boundary Hne had been settled to the advantage of the little province on the north. He also took with him a special power of attorney from Belcher, interested himself in keeping the governor in office, and had letters of introduction from him to men eminent in England. Moreover, Hutchinson was then a young man, and spent only about a year in England, too short a time to permit even a veteran statesman to fathom all the currents and eddies of English politics ; yet he gives an unqualified and circumstantial account of the devices by which he alleges Belcher was removed from office. There appears in the Mass. His. Soc. Proc, vol. iii, p. 216, a reference to letters from Shirley to Waldo, said to show complicity of Shirley in some of the means, characterized by implication as unscrupulous, used to remove Belcher. No trace of these letters has been found. Cf. Bel. Ps., pt. ii, pp. 341-343, 380, 386-387, 389, 409, 426, 429. 522, 537, 542; Hutchinson, op. cit., vol. ii, pp. 3S5-3S8; A. P. C, vol. iii, pp. 597-601; "Board of Trade Report, June 12, 1741," Am. His. Assoc. Rep. for 1913, vol. i, p. 380; Hosmer, The Life of Thomas Hutchinson, etc. (Boston, 1896), p. 17 and passim; The Diary and Letters of Thos. Hutchinson (Boston, 1884- 1886), vol. i, pp. 51-52; Tyler, The Literary History of the American Revolution (New York, 1897), vol. i, pp. 10- II, vol. ii, pp. 394, 405. 74 WILLIAM SHIRLEY— A HISTORY nizing the most vulnerable spot inthe political anatomy of this reputed Achilles, at first concentrated their attacks upon his conduct in New Hampshire. Their weapons were per- haps envenomed, but it is doubtful if they were more so than were Belcher's own. In any case it is clear that the primary and the most substantial grievance which then came to light lies at the door of Belcher in employing duplicity and intrigue to defeat the effort of New Hampshire to se- cure a settlement of the boundary controversy. Indeed, the need of a drastic measure of relief was obvious to all candid witnesses of his administration of the province of New Hampshire.^ The attack upon Belcher in connection with New Hamp- shire dated almost from the beginning of his administra- tion, but increased vigor in the onset upon the governor ap- peared after Dunbar reached England in 1737. Both he and Thomlinson made complaints against Belcher. The former charged him with various alleged delinquencies ; the latter detailed the sparring between the governor and his opponents over the putting in execution of the orders from home for the settling of the boundary, culminating in the proroguing of the New Hampshire assembly until too late to comply with directions for presenting their case to the boundary commissioners. Little more occurred during the year save the sending of a letter to Lord Wilmington, dated December 5, 1737, in the handwriting of Governor Belcher's secretary and signed by nine ministers of Boston and vicinity. This de- nounced as a " malicious libel " a report seen in " public prints," " pretended to be written at Boston," which it was said alleged "an universal joy, thro'out this province upon the news of His Majesty's appointing a new governor 1 Ample foundation for this judgment appears in the records of the New Hampshire legislature while Belcher was governor. THE DOWNFALL OF GOVERNOR BELCHER 75 over US, more especially among the better sort of people, and ministers of all sorts." These ministers requested that Belcher be continued. This letter certainly took the edge off the alleged report referred to, if it did not leave the governor in a stronger position than before.^ The signs were clear, however, that a struggle was com- ing. The storm broke in February of the following year when the privy council on the same day, referred tO' the committee an appeal by Thomlinson on behalf of the people of New Hampshire from the award of the boundary com- mission, and a petition from the house of representatives of New Hampshire complaining of the proceedings of the governor and council for several years past, particularly regarding the botindary commission, requesting that Thom- linson might be permitted to furnish proofs and praying that speedy relief might be given. A copy of this petition was promptly sent to Belcher for his answer. In the midsummer the exceptions of Massachusetts Bay to the boundary settlement arrived, and Thomlinson' s coun- sel appeared in opposition to^ them. At almost the same time Samuel Waldo, apparently scent- ing the changed atmosphere at home, sailed for England, and upon his heels there appeared a letter to the Duke of Newcastle of an unusual type. This contained a denuncia- tion of Belcher, an indorsement of Waldo's mission to. England and a hope that Shirley might be made governor. It was signed with the name but not in the handwriting of J. Bowden, one of the richest merchants in Boston. The contents of this letter and the fact that the signature was not genuine much confused the situation.^ 1 For the campaign of 1737 against Belcher and his policy, cf. Dunbar to Board of Trade, July 20, 1737; Thomlinson to Board of Trade, Aug. 24 1737, both in C. O. S 752; His. Mss. Com. nth Rep., app. 4, p. 279. 2 This letter was dated at Boston, July 27, 1738, and referred to the 76 WILLIAM SHIRLEY— A HISTORY Waldo, upon his arrival, followed very much the course outlined for him by the spurious Mr. Bowden. Some de- recent departure of Samuel Waldo for England " in order to lay be- fore His Majesty in Council the great grievances, and damage he hath sustained, by our present Governor Belcher's opposing his settlements of the eastern lands, near Nova Scotia; which he the said Waldo was about to do, and hath been already at more than £30,000 this currency, expence in attempting a settlement there which would be of the great- est service to this country as a barrier against the French and Indians, and also a great advantage to Great Britain . . ." It continued that " most of the considerable men here wishes him all success, and hopes he will deliver us from the mean fellow, that hath tyrannized so long over us, to the surprize of everybody that knows him, or that formerly knew him ." It brought a strong indictment against his treatment of New Hampshire and the king's woods there, mentioned a recent " most grievous complaint " against him from that province and asserted " everybody here knows what is set forth in that com- plaint is strictly true." The writer saw hopes ahead for New Hampshire, " but what hopes we of this province have of getting ridd of him I dare not say . . ." He finally reached the point of asserting on behalf of himself and many of the best and most considerable subjects there that they hoped Waldo "will obtain the government of the Massachusetts for Mr. Shirley who is generally agreed on by all people and partys here to be a gentleman the best calculated to make this a happy and flourishing and also a dutyfull people, of any gentleman that ever appeared in this country being universally loved, and esteemed, by all sorts of people, for his great knowledge in the laws of the country and for his integrity and candore," etc. He as- sured the duke Mr. .Shirley was " the most likely to bring this country to obey all and every of His Majesty's Instructions, of any I know in the world, and let me add, that if it should be his and our good fortune that he should be appointed our governor, I will promise your Grace that not only myself, but allso a great number of the most considerable men in this town, will heartily assist him in getting the sallery settled, according to His Majesty's instruction. And my Lord Duke, let me say the thing will be done directly, should Mr. Shirley be the man." He then accused Belcher of abusive references to the prime minister, Lord Harrington, Lord Wilmington and others in the presence of the writer and Lieutenant-Governor Dunbar, of which he was surprised Dunbar did not write Newcastle. With final reference to the governor as " this sad fellow " and to Shirley as "the only man they could wish for" as governor, this strange epistle closed. THE DOWNFALL OF GOVERNOR BELCHER yy tails of his proceedings in England are in dispute. Waldo himself afterward asserted that he went to England, after failing to compromiise his differences with Belcher, upon Shirley's advice not to> trust the governor, that he went wholly in Shirley's interest (he afterward presented an ac- count to Shirley of expenses incurred while there) and that " I told your excellency before I embarked my intentions in your favor," " tho at the same time, I had a view to the protection of my own property." Shirley on the other hand affirmed that while in England Waldo was upon his own business, but added : " I fully acknowledge many proofs of your attachment to me there." ^ What seems the probable motive of Waldo in going to England was set forth by Shirley on one occasion thus : In 1736 the assembly approved a complaint of some Penobscot Indians against Waldo while the latter was trying tO' ex- tend his settlements in the eastern country, these Indians seeming tO' have been stirred up and encouraged by some secret practices. Upon the recommendation of the as- sembly Belcher assured the Indians that neither Waldo nor any other should have the countenance of the Massachusetts government in making any settlements there until it was satisfied that the Indian title had been justly extinguished. As a result Waldo was unable to pursue his settlements, broke openly with Belcher, and seems not unnaturally to have sought satisfaction in having him removed.^ Waldo conferred with Mrs. Shirley upon his arrival, apparently at once, and later declared that she was greatly dispirited and " had given over all expectation of success." • Evidently Waldo's mission was for their joint benefit, to be secured chiefly through the substitution of Shirley for Belcher in the governor- ship, but later on each very humanly refused to admit that his own interest had been the primary consideration in the self-appointed en- voy's mind. 2 Cf. Shirley to Board, Mar. 12, 1744, C. 0. S 884, Ff, 23. 78 WILLIAM SHIRLEY— A HISTORY Waldo undoubtedly worked for Shirley's interests in Eng- land, and for a time Shirley communicated with Newcastle through him. Later, however, a kinsman of Shirley's be- came hi^ agent and secured a promise of his appointment to the governorship of Massachusetts.^ Probably not long after the Bowden letter was written someone in New England (not improbably Belcher) com- plained of Auchmuty as judge of admiralty because, in suits relating to condemned logs and lumber, he gave conflicting decisions in cases tried at the same time and upon the same evidence. This resulted in a reprimiand to Auchmuty from the admiralty dated November 6, 1738. In the same com- mtunication, however, was a statement of a complaint by Dunbar about conditions affecting the king's woods and particularly the events connected with the Exeter Riot, in which the responsibility for conditions was placed upon the governor and ofificers named by him or through his influence. " These matters " the lords of the admiralty thought " very extraordinary, and desire that you and His Majesty's Advo- cate will examine intO' and acquaint them with what you know or can learn upon this subject and likewise whether the surveyors are negligent, defective, or make wrong use of their power." ^ For the year 1738 the result of the attacks on Belcher ' Waldo asserted to Shirley that he " did expect to be backed by some powerfuU interest of your friends, but was greatly disappointed and had not I assure you any assistance from them; but on the con- trary they were timorous of the consequence of your appointment and would do nothing." It is clear that this was not an essentially true statement, as appears from Sh. Cor., vol. i, pp. 15-16, 18; T. West- ern to Newcastle, Sept. 27, 1740, C. O. 5 Sgg, 355; Frances Shirley to Newcastle, Sept. 20, 1740, C. O. 5 899, 354; :Shirley to Newcastle, Sept. 18, 1740, C. O. 5 899, 3si. "This letter seems to have been drafted by Dunbar and to be in the handwriting of his copyist. THE DOWNFALL OF GOVERNOR BELCHER yg by his enemies was inconclusive; but ground was prepared for a vigorous campaign later. '^ In January, 1739, Thomlinson made a frontal attack by presenting a petition of complaint against Belcher and pray- ing that New Hampshire might have a government separate from that of Massachusetts Bay. In the same month the Quakers in England bestirred themselves, presenting an appeal through Richard Partridge, himself a Quaker, to pre- vent Belcher's removal from his governorship. Early in March Shirley was writing tO' Newcastle. He first assured the duke that he had most promptly taken ac- tion recommended by him; in the preceding October to ad- just a claim of Sir Thomas Prendergast against Robert Auchmuty, judge of the court of admiralty.^ Shirley then denounced the letter to Newcastle signed J. Bowden of which he had just heard, as counterfeit. He asserted further that when this letter was written he knew nothing of any application to the duke to make him governor of Massachusetts, that " the thing itself was not then in my 1 In the fall Wilks and Partridge fruitlessly sought to get Thomlin- son's petition dismissed, but suffered the dismissal of a petition of their own protesting on behalf of Massachusetts Bay against the boundary settlement; while in December the solicitor for the New Hampshire house of representatives obtained an order directing that the house of representatives or persons designated to act for them be allowed to make copies of the public records of the province which they thought necessary for their case against the governor, and that the secretary should attest them and the governor seal them with the seal of the province. For the above happenings of 1738, cf. A. P. C, vol. iii, pp. 592-594; C. O. 5 899, 250; Ar., vol. Ixxiii, fols. 494-495, SoS, S06-508; Secretary of the Admiralty to Auchmuty, Nov. 6, 1738, and Dunbar to Secretary Burchett, Nov. 16, 1738, both in Ad. I, 3817- 2 Belcher, who had excellent motives for involving both Shirley and Auchmuty in unpleasant relations, seems to have sought to use the incident to injure both. Cf. Shirley to Newcastle, Apr. 18, 1742, C. 0. 5 900, 51 ; Newcastle to Belcher, Oct. 9, I735> C. 0. 5 899, 48. 8o WILLIAM SHIRLEY— A HISTORY aim or thoughts," ^ and that no one there could reasonably have suspected him then of aspiring to the position. He intimated that he suspected the governor of being respon- sible for the letter in an effort to destroy his standing with Newcastle, saying: it may seem hard and groundless to impute so mean and im- probable an artifice to a gentleman in the highest station among us, but as I am thoroughly acquainted with his politicks, and am knowing to other instances of the like kind of treachery from him towards another 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. • Shirley's final theme was his " uneasiness at Mr. Waldo's indiscretions in his application tO' your Grace in my favour." While expressing gratitude for Waldo's good intentions, Shirley offers to- prove " that he had nO' conwnission from me to be so troublesome tO' your Grace." It seems thus that Mr. Shirley objected tO' the manner of Mr. Waldo's application on his behalf rather than to the fact, and although he did not urge his own claims for the place he apparently remained a receptive candidate. In March, Belcher was defending himself in a letter to Lord Wilmington, more notable for denials than for evidence, against charges by Thomlinson relating to the delay in settling the boundary. The governor was accused by Thomlinson of being bribed to favor Massachusetts by a grant from the assembly. Early in May, 1739, Shirley made his report to the ad- miralty upon Dunbar's complaint involving Belcher and his subordinates. In this document Shirley gave a detailed 'This passage is not found in the copy in the Sh. Cor., vol. i, p. 14, but is in the copy in C. 0. S, 899, 263. ' He may have referred to Belcher's behavior toward either Dunbar or Waldo. THE DOWNFALL OF GOVERNOR BELCHER 8 1 account of evidence which he had found against the gover- nor and his administration in New Hampshire in general, fully indorsed Dunbar and his work as surveyor-general, and declared that no evidence against the deputy surveyors had been found. The report in general was a scathing in- dictment of the governor. Auchmuty alsot reported some- what later, and presumably in much the same strain. These reports, being official records and presented at the request of the admiralty, could not be met by Belcher with his usual procedure in dealing with petitions of complaint, which was, to ask for copies and for time to answer, and later to sub- mit documentary evidence, often of uncertain authenticity, controverting the complaints. In July a memorial appeared before the privy council, signed by Joseph Gulston, contractor for masts for the royal navy, Benning Wentworth, aspirant to the governor- ship of New Hampshire, Richard Chapman and John Thom- linson, London merchants, the last being also agent for the New Hampshire house oif representatives. The purport of the document was that New Hampshire was " in a de- fenceless condition .... and praying that effectual means may be taken to protect their propertys in that province, as well as the propertys and lives of His Majestys good sub- jects residing there." As a war with Spain was approach- ing this was a matter of capital importance. No mention was made of Belcher, but when the memorial came to a hearing before the board of trade its supporters asked the separation of the government of New Hampshire from that of Massachusetts, and Thomlinson produced a letter signed by six members of the New Hampshire council and by nearly all the members of the assembly, earnestly re- questing that they might have a distinct governor. The board of trade promptly reported in favor of the request. At the end of July also there was referred to the board of 82 WILLIAM SHIRLEY— A HISTORY trade a petition of certain Irish settlers in the eastern parts of Massachusetts making complaint against Belcher/ Belcher, however, had been aware of what was going forward and in the same month his son presented a petition to the king praying that he be allowed to visit England on. matters of importance to the king's interest, the ad- vantage of the kingdom and the welfare of " these prov- inces." At about the same time his agent Partridge suc- ceeded in checking the action before the privy council, and several addresses were presented to that body from great numbers of the inhabitants of New Hampshire (amounting to about 500), " desiring to be continued under the govern- ment of their present governor." A memorial by Partridge in their behalf was also- presented. These documents were referred to the board of trade for consideration and for a new report on the whole matter. This report was presented October 17th, renewing the recom- mendation that New Hampshire have a separate governor and also suggesting that the view of the New Hampshire assembly on the matter be sought, as likewise what they would do for the support of a governor.^ Copies of this revised report were delivered to both par- ties, and after hearings upon the whole New Hampshire muddle, and time for consideration, the committee of the privy council reported that the governor had acted with great partiality in connection with the boundary controversy, had violated an order from home in that affair, and had by proroguing the assembly at a vital time deprived New Hampshire of opportunity to consider an appeal from the ^ This petition not improbably was inspired by Waldo. 'The board reported regarding the signers of the addresses on behalf of Belcher that few of them were persons of note or substance (a number signed by making their marks) and that the document was not dated or signed at any public meeting " as is usual." THE DOWNFALL OF GOVERNOR BELCHER 83 boundary award. Thus did the committee of the privy council affirm its belief that New England was suffering from a political malady which could be cured only by separating New Hampshire from its larger neighbor. Here, for the time being, the matter rested. Belcher heard that the privy council had agreed upon a report which he seemed to think would terminate his administration in New Hampshire, and conjectured that the delay in announcing] it was probably due tO' uncertainty as to the final settlement of the line between the provinces. Whether this had an] important bearing upon the matter or not, it was apparently not the chief motive for delay. Before the committee of the privy council made its report England was at war with Spain; and the crisis was too acute to suggest an immediate change of governors. The king's ministers were engrossed in planning an ex- pedition against the Spanish West Indies. Bladen upon request gave as his estimate of the number of troops which could be raised in America for the expedition, 2,500. This judgment brought out the observation that the militia of " New England and those parts have been known to be about 16 or 17 thousand men, — this lead the discorse to) press Mr. Blayden is it not possible to find more and in con- clution he did belive with proper orders to severall Gover- nors that about four thousand mout be had and according his Grace of Newcastle took minute to have the same put in Exsicution. . . ." ^ As it was decided to prepare for the expedition at once, orders were sent to Belcher as to other governors concern- ing it, and the meditated change of governors was for the time not put into effect.^ 1 Sir John Norris, Journals, Dec. 31, 1739, quoted by E. R. Turner in Am. His. Assoc. Rep. for 1911, vol.i, pp. 93-94. ' For the contest outlined above over the creation of a separate gov- 84 WILLIAM SHIRLEY— A HISTORY This left Mr. Belcher and Mr. Shirley in the samie posi- tions respectively, and the latter consequently without a salary. Mrs. Shirley was still seeking the governorship of Massachusetts for him, but was content, March 13, 1740, to acquiesce in a suggestion of the Duke Oif Newcastle that he accept "the government of New Hampshire together with the Post Office," not doubting in view of the small sum the province could pay a governor, that " the ministry will make such an additional allowance as will be necessary for the support of a governor appointed by his Majesty. . . ." In this office Mrs. Shirley professed her husband would seek to prove his fitness for the Massachusetts governorship " whenever your Grace sees proper to make a removal." For the present, however, Belcher seems to have been irremovable from either of his governments. Then, con- trary to what might have been expected from one of his reputed mentality, the Duke of Newcastle resorted to an apparently clever ;measure. Shortly after Mrs. Shirley's letter to him of March 13th, and on the same date appearing upon the instructions ^ which he sent to Belcher and other governors for raising troops for the West Indian expedition ernment for New Hampshire, cf., A. P. C, vol. iii, pp. S94-S97, 637-638, 639; Sh. Cor., vol. i, pp. 13-1S; Newcastle to Shirley, Oct. 27, 1738, C. 0. 5 899, 260; Newcastle to Belcher, Oct. 27, 1738, C. O. 5 899, 261; [Eight Quakers] to Whitworth and Corwin, Jan. 29, 1739, C. 0. 5 752; Petitions of many persons in New Hampshire received from Belcher by Partridge, Feb. 25, 1739, C. O. 5 899, 281, 282, 283, 285; Shirley to Newcastle, Mar. 3, 1739, C O. 5 899, 263; Belcher to Wilmington, Mar. 7, 1739, His. Mss. Com., nth Rep. app. 4, p. 283; Shirley to Secretary of Admiralty, May 6, 1739, Ad. I, 3817; J. Belcher, Jr., to the King, July 7, 1739, C. O. S 752; Board to Committee of Privy Council, Aug. 10, 1739. C. 0. S 917, 218; ditto to Belcher, (Sept. 9, 1739, C. O. 5 917, 284; Sir John Norris, Journals, loc. cit.; Bel. Ps., pt. ii, pp. 201-282, passim. Instructions to the governors regarding the expedition, dated Jan. S (1740] are found in C. 0. S 752- 1 Cf. supra, p. 83. THE DOWNFALL OF GOVERNOR BELCHER 85 to be commanded by Lord Cathcart, Newcastle wrote Shir- ley referring to the complaints against the Massachusetts governor's conduct in office and the applications by the ad- vocate's friends for his appointment in case of Belcher's re- moval, intimating that the failure to remove the latter at that time perhaps rested upon the implied fact " 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 ser- vants will readily concur." The duke then mentioned reports that Belcher was so! unpopular in both his governments that he would be handi- capped in raising men for the expedition, and suggested that, in case this proved true, Shirley give all possible aid to Belcher in order that his majesty's service " might not suffer through Mr. Belcher's misfortune." He further, " as a sincere friend of yours," urged Shirley to make it imi- possible for Belcher's supporters to blame him for the governor's lack of success, by freely offering his services to him. After stressing the need for raising full levies as promptly as possible, the duke continued : " If it shall appear, that your weight and influence shall have contributed to the carrying of them on, with success and dispatch, it will ef- fectually recommend you to his majty's favour; and I shall gladly take an opportunity of representing your ser- vices, upon this occasion, in the most advantageous light." Truly, Shirley's path was made smooth and clear. All 1 The Westerns were related to the Shirleys, and this was apparently an English kinsman of the duke's protege. 86 WILLIAM SHIRLEY— A HISTORY that was required was to offer friendly service to Belcher; if it were accepted, tO' render it, and if refused, to so be- have as to remove grounds for criticism of himself. Such a program in the case of a loyal and successful governor would have been uncalled-for and would have suggested gross partiality on the part of the ministry. Yet the plan itself, though offering an opportunity to Belcher's rival, might be necessary to- the success of the expedition. Shirley upon the receipt of this letter took up the task allotted him with alacrity. Meanwhile, aside from an order in council of March loth affirming the boundary of Massa- chusetts and New Hampshire awarded by the recent com- miission, matters in England lagged.^ Shirley was at this time enduring the governor's manifest displeasure, which he alleged with apparent truth some- times took the form of devising means of preventing him from performing his proper functions as advocate-general. Nevertheless he had both influence and patriotism enough to persuade the deputy surveyors-general of the woods to risk the displeasure of the navy board, and the agents of the contractor for masts toi construe liberally orders from their principal. To secure his ends Shirley promised his personal intercession with the navy board and the Duke of Newcastle for the protection of the subordinates. The action of these officials thus secured was necessary to the prompt fitting-out of vessels for the expedition. This in- cident came before Shirley received Newcastle's suggestion that he aid in furthering the expedition. ^ It was in this period or perhaps earlier that Waldo affirmed that Mrs. iShirley was so disheartened as to be ready to substitute the chief justiceship of Gibraltar for her husband's claims to the governorship. Further memorials from both sides concerned in the contest over the New Hampshire government had for their net result a vote of the privy council in May rejecting the prayer of the major part of the New Hampshire council that their province might be continued under the same person " who is governor of the Massachusetts Bay." THE DOWNFALL OP GOVERNOR BELCHER 87 Shirley's behavior in the dehcate situation in which he was placed was exceedingly able. Were he seeking either to promote the success of the expedition or to embarrass Belcher, or both, he could hardly have wrought more ef- fectively. Colonel Blakeney, who was to be adjutant-general of the •detachment of colonial troops, and Lieutenant-Governor Clarke, both at New York, supported Shirley in his efforts to raise men and otherwise toi promote the expedition, and wished him well. When only four out of thirty commis- sions for captains sent with Blakeney were awarded to the governments under Belcher, and several companies which were raised in Massachusetts were left without legal organization or equipment, the colonel informed Shirley and apparently Belcher that commissions and equipment for these unattached companies would be awarded upon their joining the expedition; but it was Shirley and not the g'overnor who by energetic efforts succeeded in continuing most of these men in the service for some time. Lord Cathcart, it seems, recommended a former officer to Blakeney as a captain, but when Shirley asked Belcher to grant him a commission, the governor refused. Belcher at first hesitated either to accept or to refuse Shirley's aid. Later, finding Shirley's activities calculated both to promote the expedition and to obscure the governor's share in it, the latter curtly requested Shirley to make no more recommenda- tions. Thereafter Shirley worked without Belcher's know- ledge in Massachusetts, New Hampshire and even Rhode Island to bring success to the Ncav England levies. He claimed credit for the raising of 600 out of 1,000 men from Massachusetts, 100 from New Hampshire, and 200 from Rhode Island. While matters were in this posture he .reported what had been done to Newcastle, who, without formally consulting 88 WILLIAM SHIRLEY— A HISTORY the board of trade, placed the documents relating to the matter in the hands of Martin Bladen of that body. The latter, after examining them, wrote the duke in substance approving Shirley's services and condemning Belcher's be- havior in the maitter of the levies/ Shortly after Bladen's letter to Newcastle, an impressive statement of Shirley's services, combined with a complaint against Belcher on several counts and a strong indorse- ment of Shirley for the post, was laid before the privy council. Before that august body had decided to act, however, Belcher had to a considerable extent altered con- ditions. Accepting the recommendation of the Massa- chusetts legislature, he dismissed from the service all the companies raised in that province, save the four for whom commissions had been provided. The ground alleged was, that arms for them had not been provided at Boston. Shirley succeeded in saving out of the wreckage one com- pany only in addition to the four with commissions. This disappointed the home authorities. Still Shirley claimed the chief credit for raising all but one of the companies still in the service. Whether this development was a factor in delaying action ^ As a practical politician Bladen added : " But I look upon these papers rather as testimonials in favour of Mr. Shirley than as matters of formal complaint against the governor; who would have a right, in that case, to be heard in his defence." He then expressed his belief " that there cannot be now any inconvenience in making an alteration in the government; and that your Grace cannot recommend to His Majesty any gentleman to succeed Mr. Belcher, that seems more capable of discharging the duty of a good Governor, or that would be more ac- ceptable to the people there, than Mr. Shirley." Bladen further wisely observed that in view of the boundary dispute with New Hampshire an honest governor succeeding Belcher in Massachusetts " must expect no favour from the people " and would be " in ,a very disagreeable situ- ation." This, therefore, as well as the interest of New Hampshire and of the crown he urged should lead to a separate governor for that province. THE DOWNFALL OP GOVERNOR BELCHER 89 in England on the governorship is not clear. There seems to have been no further reference of the matter tO' anyone before final action, and gradually the New Hampshire de- bris was cleared away preparatory to the naming of gover- nors for both provinces. December 5th the New Hamp- shire petition for a separate government was received in the committee of the privy council, and on December 27th the full council approved the report of the committee of the previous year that Belcher had acted with great partiality in the boundary matter. On April 22,, 1741, the privy council approved the re- port that New Hampshire should have a separate govern- ment. Seven days later Newcastle requested the board of trade tO' prepare a commission for Shirley as governor of Massachusetts and this was prepared and sent to the duke on May 2d. On May 6th, this draft was approved by the privy council.^ 1 The final draft bears the date of June 25, 1741, although the date July 10, 1741, had been crossed out. Andrews in his list of commissions and instructions (Am. His. Assoc. Rep. for 1911, vol. i, p. 473) gives the date as June 25, 1741, with the notation " This date is only in the index volume." The dates quoted as given in Sh. Cor., vol. i, p. 36, are found in the indorsement of the document in the P. R. 0. but in handwriting different from that of the rest of the indorsement. According to the record in the Massachusetts Archives the copy sent to Shirley was dated May 25th (CI. Re/:s., 1735-1742, p. 534). This date seems to be corrobor- ated by an interlined statement in a different hand in .Shirley's petition to the king, December 15, 1742, in C. 0. 5 900, 77. In the Patent Rolls, George II, 1741, in the P. R. O., however, the commission is entered under the date of May 16, 1741. Shirley's commission as vice-admiral is in Ar., Crown Commissions, 1628-1663, pp. 40-45, and is printed in Pub. Col. Soc. Mass., vol. ii, pp. 237-246. A quite different picture of the removal of Belcher appears in Hutchinson, Hist, of Mass. He asserts that Belcher was undermined at home by unfair means and instances successful efforts to alienate the dissenters and Lord Wilmington. It is intimated, though not stated, that something of the sort happened also in the case of Sir Charles Wager. It is true that forged letters were sent and arguments made to destroy Belcher's standing. On the other hand charges were made 90 WILLIAM SHIRLEY— A HISTORY that Belcher was concerned in the forgeries with the purpose of dis- crediting the opposition party upon the discovery of the frauds. The truth of these charges one cannot confidently affirm or deny. Many of the charges made in the forged letters, however, were in fact true, and constituted good grounds for his removal in the eyes of the English government Had the home government had at their command the sidelights upon Belcher's policy furnished by his letter-books, his ser- vice as governor in New England would have been much briefer than it was. Perhaps similar methods were employed by both sides. Some of the men who supported Shirley were not above employing indirect means, and the same was true of their opponents. Sympathy for the loser in this case is less ready because the evidence of Belcher's con- spicuous political depravity is so abundant and clear from his own letters, especially when read in the light of other contemporary evidence. Wager seems to have remained at least passively his friend and no evidence appears that Wilmington was active against him. Hutchin- son seems to have given prime importance to the efforts of Waldo and Kilby in Shirley's favor (Waldo credited Kilby with giving much aid to his efforts), and in an account which if true suggests that truth is stranger than fiction, makes the final scene of the drama center about a Coventry merchant who, influenced by Shirley's friends, controlled the election of a member of Parliament, which led the Duke of Grafton, according to his previous promise, to secure the removal of Belcher a day or two after the result was known. The Duke of Grafton, however, if willing to name a governor of Massachusetts as an incident to an election to Parliament, was not the most prominent of the king's ministers, and not intrusted with colonial affairs. Newcastle and Bladen, also, had long been pledged to the naming of Shirley, and had made their plans accordingly, and it seems unlikely that his appointment soon after this election was held, was more than a coincidence. If it was brought about as Hutchinson re- lates, it could hardly have been more than a brief season before the duke, who had the power to name colonial governors, would have re- deemed his promise and named his friend to succeed Belcher. Per- haps Hutchinson as a merchant and an unsuccessful petitioner for favors from the crown was more likely to be familiar with the current gossip of commercial circles than with the unpublished motives of the responsible members of the ministry. Finally, the opinion of Hutchin- son that Belcher's drastic measures against those interested in a finan- cial heresy in Massachusetts would, if known sooner in England, have prevented his removal, could be well founded only if the ministers of the crown were so impressed by this activity as to overlook the long series of proceedings by Belcher relating to New Hampshire which had resulted as Bladen remarked in denying that province " common THE DOWNFALL OF GOVERNOR BELCHER 91 justice." Also, since new governors for both provinces were con- sidered together and named on the same day, such a result would ap- parently have defeated the plan for a separate governor for New Hampshire, to which the ministry was fully committed. Hutchinson's narrative, it may be observed, tends to distract attention from his own share in the boundary affair, wherein he was clearly in sympathy with Belcher's position. ■For the final phase of the efforts to remove Belcher, cf. A. P. C, vol. ii, PP- S97, 638-639, 6y6; Sh. Cor., vol. i, pp. 15-36; Ar., vol. liii, fol. 69; vol. Ixxii, fols. 525, S37; vol. Ixxiii, fols. 504 et seq.; Hutchinson, op. cit., pp. 355-358; Shirley to Newcastle, May 26, 1740, C. 0. s 899, 293; June 28, 1740, C. 0. 5 8c^, 298; Sept. 18, 1740, C. 0. 5 899, 351 ; Oct. 25, 1740, C. O. 5 900, loose at end of vol.; Shirley to Belcher, Sept. 17, 1740, C. O. 5 900, loose; Sept. 27, 1740, C. O. 5 899; Oct. 2, 1740, C. O. 5 899, 446; Bladen to Newcastle, Oct. 8, 1740, C. 0. 5 899, 376; Frances Shirley to Newcastle, Sept. 20, 1740, C. O. 5 899, 354; T. Western to Newcastle, Sept. 27, 1740, C. O. 5 899, 355; Colman and Sparhawk to S. Waldo, June 4, 1740, C. 0. 5 899, 29s ; Lt.-Gov. Clarke to Shirley, July 7, 1740, C. 0. S 899, 363; July 21, 1740, C. O. 5 899, 364; Belcher to Shirley, July 21, 1740, C. 0. 5 899, 362; State of services performed by William Shirley raising troops for service of expedition under command of Lord Cathcart. Also supplying Admiral Vernon with store's for his Majesty's ships at Jamaica, received by Privy Council, Oct. 22, 1740, C. O. 5 899, 379; Board to Newcastle, May 2, 1741, C. 0. 5 917, 34i; Order in Council, Apr. 23, 1741, C. 0. 5 883, Ee, 47; Newcastle to Board, Apr. 30, 1741, State Papers Domestic, Entry Books, vol. 132. p. 73; New- castle to Belcher, Apr. 5, 1740, C. 0. 5 899, 341 ; Order in Council, May 6, 1741, C. O. 5 883, Ee, 48; Gooch to Belcher, July 8, 1740, C. 0. 5 899, 346; Belcher to Gooch, July 14, 1740, C. 0. 5 899, 349; Draft of Went- worth's commission as governor of New Hampshire, June 25, 1741, C. O. 5 199, 1-20; Bel. Ps., pt. ii, pp. 282-408, passim. For several documents upon the share of Massachusetts in the expedition against the Spanish West Indies, cf. an article by Ellis Ames on the Cartagena expedition ■under Admiral Vernon, in the Mass. H. S. Proc, vol. xviii, pp. 364-378. Considerable information upon this expedition is also to be found in Storer, "Admiral Vernon Medals, 1739-1742," in Mass. H. S. Proc, vol. Hi, pp. 187-276. Cf. also, A. and R., vol. ii, pp. 1037, 1061, 1078, 1 104. For an unflattering but perhaps biassed judgment of Thomas Hutchinson by James Otis, in which he asserts that the former's ad- vancement to many positions of importance was secured by " superficial arts of intrigue, rather than any solid parts, by cringing to governors and pushing arbitrary measures . . ," cf. Otis to Mauduit, Oct. 28, 1762, Mass. H. S. Colls., vol. Ixxiv, p. 77. CHAPTER V Taking up the Reins of Government The news of Shirley's appointment arrived by letter fromi one of the Massachusetts agents in London before his com- mission was received. Belcher acted thereupon with dig- nity, informing the legislature of the report of Shirley's appointment and expressing confidence that the general court would " do everything proper for receiving this gentle- man with all due respect and honor, when the king's commission to him may arrive." In response to this sug- gestion the assembly two days later took the initiative in naming a committee oi the two houses to take charge of the inaugural ceremonies, and in this Belcher and the council cooperated. Shirley's commission arrived August 13, 1741, more than, a month after the news of his appointment, and on the next day it was published. In accordance with the impressive customs of the time the new governor was escorted from his house in Boston to the court house by a numerous con- course of civil and military dignitaries. After the solemn reading of his commission, he took the oaths required by law and entered upon his duties as chief magistrate to the accompaniment of salvos of guns in the warships and forts: in and around Boston harbor, and volleys from the infantry assembled to do him honor.^ 1 For the events relating to the transition of the governorship from Belcher to Shirley, cf. A. and R., vol. xiii, p.. 13 ; CI. Recs., vol. x, pp. 533-536; Ct. Recs., vol. xvii (3), pp. 6, 105; Jour., July 8, p. 6; July 10, p. 8. 92 TAKING UP THE REINS OF GOVERNMENT 93 Belcher had adjourned the general court until the 17th of August, when Mr. Shirley first addressed them. His. instructions had not yet been sent to him. Their non-ar- rival gave him an opportunity to lay the foundations of good-will in his relations with the legislature before it be- came necessary to continue the inevitable contests between province and crown, over the exercise of prerogative rights. His policy then and later as it appeared in his public papers and his acts was one of mildness and firmness ap- plied with much tact. He declared that the attitude of the imperial government was one of benevolence toward its subjects, and avowed as his own aim the good of the people under him. He referred to his long residence and service among his neighbors and asserted their mutual attachment. The matters he brought at once to the attention of the legislature related first to the existing war with Spain and an impending rupture with France.^ He recommended ade- quate provision for Castle William in Boston harbor, then in a state of decay and poorly equipped, and the prohibition of the exportation of provisions to foreign dominions dur- ing the war. As to internal affairs he suggested an appeal (which he pledged himself to promote) from the recent settlement of the Massachusetts-Rhode Island boundary, a full statement of the facts regarding their paper currency to Parliament, which was then considering a means of 1 A few days later Shirley transmitted to the Duke of Newcastle a number of papers taken from a French transport belonging to an expedition under the Marquis D'Antin which had been sent on a West Indian cruise. A captured journal among the papers transmitted declared that this force was to make an attack upon Vernon's squadron at Jamaica. The writer expressed the belief that war between England and France was certain. The proposed attack was not made, probably because of the unexpected strength of Vernon's squadron. Shirley to Newcastle, Aug. 24, 1741, C. O. S 900, 4- For this episode cf. also. Declaration of war against the French king, Mar. 29, 1744, Sh. Cor., vol. i, pp. 1 18- 1 19. 94 WILLIAM SHIRLEY— A HISTORY curing the evils connected with it, and the supplying of the treasury in a way acceptable tO' the crown."- The house of representatives showed its confidence in Shirley's sincerity and judgment by soon taking up in al conciliatory spirit the matters recommended to them,^ and by returning to the governor an address expressing respect and affection with regret that " your accession to this government should be at a time when this province is labour- ing under so many difficulties and distresses." The address intimated a hope that he might lead them out of their wild- erness of troubles, and commanded sufficient optimism to observe " we must not despair of the commonwealth." The house also promptly voted the generous sum of £2,CXX) in bills of credit to Shirley to pay his expenses between his accession to the government and his removal to the province house and for the expense of making the removal.' This being approved by the council, Shirley thanked them gra- ciously.* The latter body, also, was equally prompt in congratulating the new governor upon his advancement.^ 1 Jour., Aug. 17, 1741, pp. 57-60. 'Ibid., Aug. 18, 1741, pp. 61, 62; Nov. 25, 1741, p. 113; Dec. 2, 1741, p. 117. ' Ct. Recs., vol. xvii, p. 324. *Ihid., vol. xvii (3), p. loi. ^Ibid., vol. xvii (3), p. 82. iShortly after Shirley outlined his policy to the legislature the selectmen of Boston presented an address of con- gratulation to him. They in common with all other official spokesmen of the people joined in expressions of joy too full and explicit to be other than sincere. After attributing his appointment to a " special smile of Providence," and enumerating his interests in and services to the people, they declared his "' personal accomplishments for Govern- ment are such that we can't but reflect on your advancement with singular joy and satisfaction, and esteem it as an happy presage of our future welfare.'' They closed with the hope that he might pro- mote " religion, good order and trade, among us." These objects the governor promptly assured them he would give his best efforts to promote. Records of the Boston Selectmen, 1736-42 (Boston> 18 P- 305. TAKING UP THE REINS OF GOVERNMENT 95 It was just at the close of the outpouring of laudation at his accession that Shirley sent tO' Newcastle an account of that event and of the conditions which he would have to face. He remarked upon the full and general testimony of the people's good-will " (Mr. Belcher's best wishers not excepted)," and the granting " in the most unanimous man- ner, toward defraying the expence of my equipage, &c., of a larger sum than 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." , He showed his understanding of the problems ahead by referring to the failures of his predecessors, the empty con- dition of the treasury and the opposition oi the representa- tives to the last royal instruction as to filling it, the defense- less condition of the province, public excitement and re- sentment over the land-bank scheme near the end of Bel- cher's administration, and the decrease of the value of the governor's salary under Belcher from about £1,000 sterling to £650 sterling. In spite of these conditions Shirley was not downcast, but declared that the difficulties ahead " I shall not despair of wading through in soime measure by the help of patience and moderation," even though "some disputes with the country seem unavoidable for the service of the crown, particularly with regard to the present state of the salary." He also announced the prudent intention of avoiding ai personal dispute with the province whatever public differ- ences might arise.^ In conclusion he pointed out that he probably would re- ceive no salary for a considerable period, and entered aJ '^ His position was made far easier through the fact that since the death of Elisha Cooke in 1737 (Hutchinson, Hist, of Mass., vol. ii, p. 351), no equally able and zealous popular leader had arisen to as- sume his mantle. g6 WILLIAM SHIRLEY— A HISTORY plea that his appointment of his son to the post of " Clerk of the Naval Office " be approved as a necessary means of supporting his family meanwhile/ This appointment the duke afterward approved.^ The ill-starred expedition against the Spanish West Indies, which had furnished Shirley with an opportunity to win his advancement to the governorship, encountered un- favorable conditions in Cuba in the summer of 1741, es- pecially from the pestilential climate. The commander of the land forces, Brigadier-General Wentworth, attempted, in accordance with his instructions, to secure needed re- cruits in the American colonies. For this service in New England, he sent John Winslow, captain of one of the com- panies originally raised there for the expedition. While Belcher still occupied the chair, the governor had been in- structed to aid in raising recruits upon such an occasion, and the duty now fell to Shirley. Taking up the task the governor communicated to the legislature a roseate picture of the situation of the land forces in Cuba drawn by Winslow, and pointed out the value of Cuba to the commerce of the empire and especially to that of Massachusetts, with her commercial primacy among the English colonies in America. He asked that the house provide for 500 men to complete the 1,000 first voted, of whom but one-half actually entered the service, offer a bounty tO' encourage enlistment and arrange for transporting the recruits to Cuba. These proposals the rep- resentatives seemingly met so far as possible by providing that f 18,000 in bills of the old tenoT or an equivalent should be set apart from the funds provided in the next supply of the treasury, to be applied substantially as Shirley requested! for the encouragement of recruiting. ' Sh. Cor., vol. i, pp. 3&-43- 'Ibid., p. 86. TAKING UP THE REINS OF GOVERNMENT 97 On October 9th, Shirley asked that the general court furnish the recruiting officer with necessary credit by draw- ing bills on Henry Pelham', the paymaster-general of the army, and further that a joint committee of the general court be named to carry out this business, to inspect the use of the money and the officers' accounts, and to report upon the whole affair to Mr. Pelham and General Wentworth. Three days later he suggested that a committee be named to carry out the provisions of the vote for encouraging re- cruiting by providing transports, subsistence, blankets, etc. Whether these proposals would have been acted upon favorably does not appear, for one of the inevitable dis- putes between governor and assembly intervened. The bill for supp'lying the treasury had been passed in a form to which Shirley objected at length, and without its passage nothing could be done by the legislature promptly to> pro- vide public funds for the support of the expedition. How- ever, recruiting went on, with the aid of funds advanced by Shirley, upon the security of the pledge of the legislature to pay the expenses when money was in the treasury.'- The success of the efforts to raise men in Massachusetts was limited, however, as a combination of circumstances repelled the people from enlisting. Reports had already reached the province of heavy mortality among the forces: at Jamaica' and Carthagena, and of the failure at the latter place. Many also were prevented from enlisting by the failure to supply arms at the place of enlistment, by the refusal to allow them to enlist under captains of their own 1 Shirky had secured a change in the proposed wording of the vote for encouraging recruiting whereby the funds for this purpose were not necessarily to be taken from the sum to be raised by the supply bill then preparing but from the money raised in the next supply bill passed. Therefore, although he did not approve the bill then presented, the public faith was pledged to pay these expenses when money should become available. 98 WILLIAM SHIRLEY— A HISTORY choice, and by the fear that they would not be discharged at the end of the expedition. Early in the next year, nevertheless, one hundred and fifty men had been raised, and about one hundred embarked for Cuba, while Shirley had hopes of adding one hundred more. This hope was dashed a few days later with the ar- rival of news that 1,300 of Wentworth's men had died of sickness in Cuba, and that the survivors had withdrawn to Jamaica.^ In addition to military measures against Spain, Shirley also in November, 1741, issued a " commission of marque " to Captain James Roche of the privaiteer Caesar.^ Until January 16, 1742, Shirley was obliged to steer his course without instructions from home, meanwhile pro- ceeding in general conformity to those earlier sent to Bel- cher. 1 This denouement left Captain John Winslow in an uncomfortable plight which Shirley sought to relieve by recommending him to New- castle, asking the latter to redeem a pledge by Shirley that in case the expedition came to an early end Winslow should be given military employment in England. He suggested in his behalf a captain's com- mission in England or half pay. In the latter case he would be useful in Massachusetts in the event of a war with France. Shirley to New- castle, Dec. 27, 1742, C. O. S 900, 92. For the proceedings in Massachusetts regarding Wentworth's expedi- tion after Shirley became governor, cf. lour., Sept. 23, 1741, pp. 80-82, Oct. 9, 1741, p. loi, Oct. 13, 1741, p. 103; Wentworth to Hopkins and Winslow, Aug. 12, 1741, C. O. S 899 and 900, 21 ; Wentworth to Belcher, Aug. 12, 1741, C. 0. 5 goo, 17; Shirley to Newcastle, Aug. 24 1741, C. O. 5 900, 4; Shirley's proclamation for raising troops, Oct. 16, 1741, C. O. 5 900, 22; Shirley to Newcastle Oct. 17, 1741, C. O. 5 900, 13; Shirley to Newcastle, Jan. 23, 1742, Sh. Cor., voL i, p. 81 ; Shirley to Newcastle, Jan. 28, 1742, C. O. 5 899; Shirley to Newcastle, Feb. 4, 1742, C. O. s 900, 36; Shirley to sheriffs, Feb. 10, 1742, Ar., voL Ixxii, fol. 582; Shirley to Board, Feb. 22, 1742, C. O. 5 883, Ee, 59; Apr. 30, 1742, 5"^.. Cor., vol. i, pp. 83, 84; Winslow to Shirley (Jan., 1742), Ar., voL Ixxii, fol. 581 ; ditto to ditto, Jan. 14, 1742, ibid., fol. 580. ' Shirley to Roche, Nov. 10, 1741 (and enclosures) Ad. I, 3817. TAKING UP THE REINS OF GOVERNMENT gg The board of trade, in drafting Shirley's instructions, omitted one essential power that had been granted toi his predecessor. Belcher had been authorized to approve the issue of a sum not exceeding £30,000 in paper money by the province annually for the current support and service of the government,^ without a clause suspending the operation of the acts for such issues until the pleasure of the crown should be known. It was proposed tO' withhold such au- thorization, and this, known in America before the instruc- tions arrived, amounted to- a restriction upon Shirley's free- dom of action in dealing with a supply bill. Later he learned from agent Wilks that the privy council in Septem- ber had granted the discretion originally enjoyed by Bel- cher.* Meanwhile Shirley had encountered one of his knottiest problems from both the political and economic points of view. From the latter point of view it was the problem of a badly depreciated paper currency, and from the former that of applying, in the face of determined opposition, in- structions from home intended to remedy the evils arising from large issues of paper without adequate provision for supporting their value. One of the chief reasons for unpleasantness between Belcher and the legislature during the latter part of hig administration had been his insistence that his instructions concerning paper money should be observed. These required laws fixing the amount of bills to be issued for the conduct of the government annually, and the dates at which they should be called into the treasury by taxation and destroyed.® 'For fuller discussion of the paper money question in Massachusetts than is given at this point, cf. infra, pp. 159-180. ' This privilege had later been taken from Belcher because of his con- senting to larger issues of paper money than were approved at home. A. P. C, vol. iii, pp. 695-696. ' For salient features of Belcher's differences with the assembly over lOo WILLIAM SHIRLEY— A HISTORY Through his refusal to yield, the issues of the paper currency of the province had been greatly curtailed; and as prac- tically no public money but bills oi credit was in circula- tion there, his firmness threatened a serious disturbance of business, inasmuch as a further radical reduction of the amount in circulation through the rapid drawing in of con- siderable quantities still outstanding seemed imminent.^ When Shirley inherited this condition he met the dif- ficulty squarely. The assembly passed a bill without a sus- pending clause and he promptly refused to sign it, giving his reasons in good temper and good measure. He went further and suggested amendments designed to- make the depreciation of bills of credit harmless to business. However, when he asked for a suspending clause, he struck fire from the assembly. He found them convinced that any instruction for the insertion of such a clause in a money bill was so " contrary to their charter and 'destruc- tive of all their privileges, that they seem utterly regard- less of any consequences which may ensue upon their refusal to comply with it." In view of this immovability of the assembly and the danger of a war with France in the spring (which would mean a war with Canada) with an empty treasury and a defenseless frontier, he recognized a crisis, and, giving the assembly at their request a short recess, he lost no time in laying the situation before Newcastle.^ this matter, cf. Jour., July 1 1, 1739, p. 104; Sept. 20, 1739, p. no; Sept. 21, 1739. p. 112; Oct. 5, 1739, PP- 134-136; Oct. 9, 1739, pp. 141-147; Dec. S> 1739, P- 150; Dec. 7, 1739, p. 152; Dec. 18, 1739, pp. 169-172; Dec. 27, 1739, P- 193; Jan. I, 1740, p. 200; Jan. 3, 1740, p. 206; Jan. 4, 1740, p. 208; Jan. 7, 1740, pp. 211-212; Mar. 19, 1740, p. 232. 1 The representatives challenged the instruction that ao bill for the issue of bills of credit should be passed without a suspending clause, and the result was a deadlock in which no supply bill could pass and ■z, chronic emptiness of the treasury. Cf. lour., Jan. 15, 1742, p. 174, ' Shirley to Newcastle, Oct. 17, 1741. Sh. Cor., vol. i, p. 77. TAKING UP THE REINS OF GOVERNMENT loi In his despatch he explained to the duke that, in order to avoid further insistence upon a suspending clause with- out specific directions from the crown, he thought it more for his majesty's service to lay this bill before the king for his previous approbation. He was confident that in case a suspending clause were dispensed with he could secure adoption of his proposed amendments, the most im- portant result of which would be to insure tO' a creditor the sterling value of his debt regardless of the depreciation of the currency. This, if accomplished, he observed, would make unnecessary the instructions from the crown upon the subject which were causing such a feud between crown and province. The results he foresaw were freedom of the crown from complaints due to the depreciated money and of the people from discontent, while public and private honesty would be restored.^ The voting of f6,ooo more than allowed to be current at once by Belcher's instruction he defended as consistent with the intent of the instruction, inasmuch as it would be used to pay the extaordinary expense of the West Indian expedition. He further pointed out that permission tO' act as he suggested would do good through increase of his in- fluence and the more tractable behavior of the province. The board of trade after examination, found the sug- gested provision for protecting creditors from loss through depreciation of bills of credit unobjectionable, but held it to be properly a subject for a separate bill.^ They wholly approved of Shirley's objections to the bill as passed by 1 He also observed that in a sense the bill had been suspended until the king's will was known, and queried whether he should be given permission to sign it without a suspending clause if the assembly should previously agree to his most essential amendments. ' Shirley's seventh instruction, which he did not have when the bill was passed, required that he insist that matters of different natures be dealt with in separate acts. Sh. Cor., vol. i, p. 45- 102 WILLIAM SHIRLEY—A HISTORY the assembly, and favored a strict adherence by Shirley to his instructions regarding issues of paper money. They also suggested a scheme for securing a sound currency in lieu of further issues of paper money. Their lack of en- thusiasm for his suggested solution was partly balanced by the receipt of a letter from Lord Wilmington approving his course in dealing with the supply bill. About six weeks later Shirley was informed by Wilks of the revision of the instruction regarding paper money issues so that it allowed him to consent to an act for the issuing of £30,000 in bills of credit without a suspending clause. This made possible the finding of common ground between himself and the assembly.^ Before Shirley was informed of the views of the board of trade evoked by the bill submitted for their considera- tion, he had put in operation the permission contained in his instructions,^ to consent to the issue of £30,000 in bills of credit for the annual service and support of the govern- ment. In this and an accompanying act, both passed January 15, 1742, he secured provisions for protecting 1 For the controversy over the insertion of a suspending clause in all supply bills, cf. Ct. Recs., vol. xvii (3O, p. 124; Jour., Oct. 14, 1741, pp. 104-109; Sh. Cor., vol. i, pp. 76-78; Reference of instructions by Committee of Council back to Board of Trade, Aug. 7, 1741, C. O. S 883, Ee, 44; Approval of Instructions by Lords Justices, Sept. 8, 1741, C. 0. 5 883, Ee, so; Shirley to Newcastle, Dec. 4, 1741, C. O. S 900, 25; (Reference by Lords of Committee of Council, Jan. 14, 1742, C. 0. 5 883, Ee, SS ; iShirley to Newcastle, Jan. 23, 1742, Sh. Cor., vol. i, pp. 80, 81-82; Board to Committee of Privy Council, Mar. 2, 1742, C. O. 5 918, 64; Shirley to Board, Feb. 22, 1742, C. 0. S 883, Ee, 59; Shirley to Wilmington (copy) Apr. 30, 1742, Hist. Mss. Com. nth rep., app. 4, pp. 292-294; Shirley to Newcastle, Apr. 30, 1742, C. O. 5 900; Shirley to Board, Apr. 30, 1742, Sh. Cor., vol. i, pp. 83-84; Board to Shirley, Aug. 18, 1742, C. O. s 918, 76. 2 The instructions were in his hands on Jan. 16, 1742. (Sh. Cor., vol. i. P- 79-) 'His general instructions are printed in Sh. Cor., vol. i, pp. 43-72. Ibid., pp. 73-76, contains the first of the instructions for trade but omits twenty-two others, which are in the P. R. O. TAKING UP THE REINS OF GOVERNMENT 103 creditors against depreciation of the bills since a debt had been incurred and for an early retirement of the out- standing bills. These provisions averted the displeasure of the board of trade/ The passage of these bills marked the real beginning of progress under his administration. It established a com^ promise to the advantage of both parties. It was in har- mony with Shirley's instruction limiting yearly issues of paper money, but not with another prohibiting the currency of more than £30,000 in paper money at one time. This latter was treated more or less as a dead letter.^ The legis- lation ameliorated but did not remove the evils of depre- ciated currency, and performed the absolutely necessary service of supplying funds for public purposes, which were used in part for the payment of public servants, and also for ends which the home government had much at heart, like the West Indian expedition. By bringing up the cur- rency question before the salary issue Shirley also avoided the possibility of the assembly's trading upon the desire for a salary to secure an issue of bills on their own terms, as Burnet charged that they had done under Dummer in 1727- 1728.' During the early months of Shirley's administration, also, another currency problem which he inherited from his pred- ecessor was passing through a stormy evolution. When it became evident in the spring of 1740 that Belcher would 1 Shirley to Board, Apr. 30, 1742, Sh. Cor., vol. i, p. 83; A. and R., vol. ii, pp. 1077-1085. ' Shirley interpreted this instruction as meaning that the sum in bills of credit which might circulate at one time should not exceed the value of i30,ooo sterling. This interpretation the board of trade did not accept but did not actively combat. Board to Shirley, Aug. 18, 1742, C. O. 5 918, 76; Board to Committee of Privy Council, Apr. 29, 1743, C. O. 5 918, 85. ' Davis, " The Currency and Provincial Politics," in Pub. Col. Soc. Mass., vol. vi, p. 165. I04 WILLIAM SHIRLEY— A HISTORY consent to no act for increasing or even maintaioing the existing amount of provincial paper, two groups of alleged saviours of their country came forward with proposals for supplying a medium of exchange. The two' plans evolved have been severally known as the land bank or manufactory scheme and the silver scheme.^ Neither scheme was suc- cessful, but notes were issued under both. The land-bank scheme, however, was the more popular and the more troub- lesome to deal with. Belcher did nothing effectual to oppose the land-bank and silver schemes while they were in process of formation, in spite of the requests of the Massachusetts merchants,* and his brother-in-law in London acted as aj;ent for the prom'Oters of the land bank. However, when the merchants applied to the home government for aid, and Parliament interested itself energetically in behalf of sound money in the dominions and prepared to pass an act intended to bring to an end the private currency schemes then on foot in the 1 The first was actively promoted by John Colman, a largely auto- biographical sketch of whom appears in Pub. Col. Soc. Mass., vol. vi, pp. 86-89. Cf. also, ibid., vol. iii, pp. 10, 12-14, 17. Among the other subscribers for the notes of the so-called bank were 'Samuel Adams, the elder, Robert Auchmuty, judge of admiralty, and many members of the house of representatives. Their number ultimately increased to include " between eight and nine hundred partners, chiefly countrymen." The bills issued were supposed to be secured by real estate and to be redeemable at the end of a twenty-year period " by sundry commodities therein enumerated." The second or silver scheme, chiefly promoted by Edward Hutchinson, and supported by the merchants in the effort to secure "hard money" for the province {cf. Hutchinson, op. cit., vol. ii, p. 354) proposed that the partners entering into the scheme should emit £120,000 in notes redeemable at the end of fifteen years in silver or gold at stated rates. Ar., vol. cii, fols. 49-SS; Davis, "Provin- cial Banks, Land and Silver,'' in Pub. Col. Soc. Mctss., vol. vi, pp. 12- 14, passim. ' Shirley declared that Belcher did not keep promises of action which he made to the merchants. Shirley to Newcastle, Sept. 15, 1742, Sh. Cor., vol. i, p. 91. TAKING UP THE REINS OF GOVERNMENT 105 province, Belcher suddenly became zealous for sound money. ^ The land-bank scheme was undoubtedly fatuous. It pre- cipitated a condition just short of revolution. The situa- tion over this issue was so critical when Belcher left office^ that if no other reason had existed for his removal, it would have been justified by the calming influence of a successor so level-headed and conciliatory as Shirley. It would be difficult to overestimate the extent or pos- sibilities of the public unrest which developed over the issue. One cause of the general excitement was the fact that the private bills of the sort devised by the land-bank partners seem to have been wholly legal at the time of issue, although a public currency of a similar character had depreciated so rapidly and so unceasingly that strict instructions had re- quired the governors tO' limit its quantity. The land-bank scheme did not antagonize the letter of the instructions to the governors, and these latter were regarded by the provincials as themselves encroachments upon their liberties guaranteed 1 He forbade all holding positions under the government to have anything to do with the land bank or its bills, on pain of removal from their positions, removed a number for alleged violation of this prohibition, and excluded several of those chosen to the council be- cause concerned in the scheme. The chief facts relating to these schemes and Belcher's proceedings in regard to them are found in Ar., vol. cii, fols. 4-384, passim ; Jour., Mar. 26, 1740, pp. 246-247; Mar. 28, 1740, p. 249; June 6, 1740, p. 22; June 18, 1740, pp. 43-44; June 19, 1740, p. 46; Sept. 12, 1740, p. 127; Nov. 22, 1740, p. 133; Jan. 2, 1741, pp. 186-187; Bel. Ps., pt. ii, pp. 363- 543, passim; Shirley to Newcastle, Sept. 5, 174^, Sh. Cor., vol. i, pp. 89-92; Shirley to Board, Sept. 15, 1742, C. O. 5 883, Ee, 68. ' For documents relating to a conspiracy to defy the government and compel the circulation of land bank notes by force, cf. Ar., vol. cii, fols. 154-168, 179. Cf. also An account of the Rise Progress and con- sequences of the two Late Schemes, commonly call'd the Land-hank, or manufactory scheme and the silver scheme, in the province of the Massachusetts Bay. In a letter from a gentleman in Boston to his friend in London (Boston, 1744), pp. 41-42- lo6 WILLIAM SHIRLEY— A HISTORY by their charter. There was an act of Parliament for sup- pressing such undertakings in England passed in 1720 under the salutary influence of the South Sea Bubble, but the at- torney-general, in harmony with a series of opinions by the law officers of the crown, held that this act, not specifically applied to the plantations by either Parliament or the local legislatures, did not apply there. The promoters of the scheme therefore were filled with the negative virtue always attaching toi an undertaking which has not been forbidden by law. Also there were at- tracted to it many who desired to justify the payment of debts in a currency bearing the stamp of a false standard of value by clothing the act with legality.'- Belcher's efforts at suppression were tO' these misguided folk persecution. The act of Parliament in 1741 applying the " Bubble Act " of 1720 to the plantations was, if any- thing, worse, for it purported tO' make the land bank illegal from the beginning by a retroactive enactment.^ The ef- fort of Parliament tO' protect creditors from the essential alteration through the land bank of the contracts under which debts were due them involved the destruction of the contracts which the partners in the bank believed they had legally made. Retroactive legislation, although a beneficent means of applying the lessons of experience when used with wisdom and a sense of responsibility, is, under other conditions, likely to be unjust. It appears especially un- just when it involves impairing the obligation of contracts. This feature added to the rage of the partners, whose en- ^ Some of the partners who had met their obligations, after charac- terizing the undertaking as " that unluckey and unfortinate skeeme called the land bank or manafactery," complained of the " obstinate and willful negligence or dishonest delays and deallings " of the delinquent members. The petition of the complainants is in Ar., vol. cii, fols. 243-245- ' 14 George II, c. 37. TAKING UP THE REINS OF GOVERNMENT 107 gagements with each other and with the holders of the bills were declared void, but who nevertheless found themselves ■collectively and severally liable upon demand to pay at once the face value of the bills in lawful money equal to sterling value, instead of merely responsible for the redemp- tion of the bills at the end of twenty years in merchandise, according to their original agreements. John Adams writing in middle age tO' compare the events of which he retained the vivid recollection of childhood with those in the midst of which he had recently lived declared : " The act to destroy the land bank scheme raised a greater ferment in this province than the Stamp Act did." ^ The menace to- the public peace from the land bank excitement was undoubtedly critically grave, and, had Belcher's harsh measures been continued, could hardly have been removed without an outbreak, and perhaps a premature revolution. The supposition which has been advanced that this crisis contributed tO' the shaping of the minds and the policies of the leaders of the Revolution in Massachusetts, seems to be founded upon probability.^ When Shirley came to office, therefore, just as the com- pany was struggling toward recovery from the shock ad- ministered by the action O'f Parliament, his refusal to con- tinue the harsh policy inaugurated by Belcher while at the same time discouraging the land bank by milder means un- doubtedly was based upon good sense. This mollifying influence was allowed time to modify public opinion, since he refrained from mention of the subject when he first ad- dressed the legislature. The directors thus had opportunity to demonstrate what they could accomplish through their efforts to wind up the afifairs of the partners before remedial 1 Works of John Adams, vol. iv, p. 49. ^ Davis, " Currency," etc., he. cit., pp. 171-172. Io8 WILLIAM SHIRLEY— A HISTORY legislation was attempted/ The directors acted with bad grace, indeed, but apparently in good faith. By this policy Shirley avoided arousing an antagonism which would inevi- tably have been violent, and as it would probably have made a majority of the members of the legislature his hearty enemies, it might have wrecked his administration. Shortly after the arrival of Shirley's commission the part- ners had succeeded in withdrawing and destroying over one-third of their bills and were still making efforts to draw in the rest.^ The final solution of the land bank dif- ficulty was to wait for a later season. Meanwhile Shirley's moderation and good sense had attracted the confidence and liking of the members of the house of representatives who had been supporters of the land bank. This enabled him to wean them from the support of a money bill which he declared bad and to effect a compromise of the matter with them,, whereby they substituted the supply bill of 1741. The latter provided that the periods set for the redemptioi» of bills of credit extant or to be issued should not be defer- red, and, in return for being allowed to issue £30,000 in bills of credit, the assembly also passed a bill securing to the creditor the value of his debt regardless of depreciation of the currency and providing the means for fixing the value of the paper bills at intervals of six months.^ The reins of power may well be said to have been firmly 1 The legislature proposed to take action in the summer of 1741 to- wind up the company's aflfairs, but the partners succeeded in preventing this, and they then made a voluntary effort to call in the bills through a committee of their own. Davis, " Legislation and Litigation connected, with the Land Bank of 1740," in Proceedings, of American Antiquarian Society, new series, April 1896, pp. 88-89. ' Sh. Cor., vol. i, p. 80. ' Shirley to Newcastle, Jan. 23, 1742, Sh. Cor., vol. i, p. 80; Shirley to Board, Alar. 19, 1742, Sh. Cor., vol. i, pp. 102-103; Shirley to Legis- lature, Jour., Jan. 15, 1742, p. 174; A. and R., vol. ii, pp. 1077-1085. Cf, also, supra, pp. 102-103. TAKING UP THE REINS OF GOVERNMENT 109 in Shirley's grasp when his instructions arrived in the middle O'f January, 1742; for the initial period of administration, without clear mandate from home, had been so managed by him. as to preserve the liking and support of the people and also the confidence and approval of the home govern- tnent.^ 1 The reality of Shirley's hold upon the province, in spite of his advocacy of measures distasteful to many, is attested by the address to the king sent by the legislature of Massachusetts three days after Shirley's instructions were received. This address declares : " we . . with a real sense of gratitude, acknowledge your majesty's special favour to this province in appointing William Shirley, Esquire, to be our governor of whose prudence and integrity we have for some years had experience, while in a private life, and hope to reap the fruits thereof in his more exalted station." C. O. 5 900, 35. CHAPTER VI The Salary Question and the Problem of Defense Although Shirley had come to his full estate as gover- nor with the receipt of his instructions, he was still encum- bered by difficulties handed down to him at his accession. As we have seen he had begun dealing with one of these> the problem of the bills of credit, before his instructions arrived. The working out of the solution will receive ai fuller treatment later. Another figured very prominently in the governor's re- lations with the legislature for a season, but its prominence was largely camouflage. This was the perennial question of fixing a salary for the governor. In reality the main issue was abandoned by the home government before it was raised ; for they instructed Shirley to " recommend it in the most pressing and effectual manner to the assembly to pass an act settling a fixed salary of one thousand pounds sterling per annum clear of all deductions on your self and your successors in that government," but this was followed by the qualifying phrase, " or at least on your self during the whole time of your government." Finally, as the measure which the ministry obviously expected to pass, he! was empowered, in case the assembly did not " readily comply," to accept an annual grant of the value of £i,ooa sterling, provided this were the first act of the session in which it was proposed.^ The only provision insisted on which had not been re- 1 Instructions to Shirley, art. 23, Sh. Cor., vol. i, p. 52. no THE SALARY QUESTION m quired in Belcher's time was that the salary grant should be of the annual value of £i,(X)0 sterling. Forthwith upon receipt of his instructions Shirley wrote to the duke reporting that he had at once carried out the one requiring that he should strongly recommend that the general court settle a salary of £r,ooo sterling per annum upon himself and his successors, but joined with it in the same sentence thanks to his patron for " directing the latter part of that instruction to be so qualified, as that I am left at liberty, m case the assembly should persist in their refusal to settle the salary, to take an annual allowance from 'em of £i,ooo sterl. as they shall vote it from year to year, untill his majy's pleasure shall be signified to the contrary." ^ In view of Shirley's slender resources it was indeed not merely a kindness to him but a sensible measure on the part of the home government that he should as soon as convenient have a means of support which was not in jeopardy through a disagreement between crown and prov- ince. 1 I The assembly, while declining tO' accept the instruction as binding, voted a sum which the governor accepted in 1742. After that he found it necessary to contend for grants large enough toi satisfy the terms' of his instruction. Having reached this ground upon the matter, Shirley made the suggestion to the home government that as the people, through the continued wrangling on the subject, were passionately opposed to^ the settlement of a salary, and the representatives through annual elections were extremely de- pendent upon their constituencies, the only prospect for a future settlement such as the crown desired without the interposition of Parliament, must come "not by dint of dis- pute when the people are upon their guard against it, but at 1 Shirley to Newcastle, Jan. 23, 1742, Sh. Cor., vol. i, p. 80. 112 WILLIAM SHIRLEY— A HISTORY some unexpected juncture when their settled affection for a governor may give the representatives courage to venture upon a short settlement at first, out of a personal regard to him, which might easily perhaps be followed with a settle- ment of it during his administration, from which precedent it might be difficult for the province to recede upon the ap- pointment of a new governor." ' At intervals during his administration the question came up again, always through the failure of the assembly ta increase the nominal sum voted him so that, after allowance for the depreciation of the bills of credit, his grant would equal fi,ooo sterling. In urging the necessary increase Shirley spoke with dignity and force, but always remained faithful to his resolution not to enter upon a personal quar- rel with the house. It is apparent that both parties to the controversy were aware that the victory had been won and rested with the assembly. Shirley displayed insight by rec- ognizing that so long as his salary was voted by the as- sembly, the payment of the sum demanded by his instruc- tions wasi dependent not upon the instructions i>ut upon the good will of the people and their representatives. In 1745 ^ Shirley to Board, June 23, 1742, Sh. Cor., vol. i, pp. 88-89. Shirley was obliged to refuse grants at the rate of £750 sterling and ipso sterling per annum, as he estimated, and to dissolve the assembly without receiving any salary before bringing them to grant ii,ooo per annum in accordance with the instruction, the whole discussion having covered about six months. For Shirley's controversy with the assembly over the fixing of a salary immediately following his accession, cf. Sh. Cor., vol. i, pp. 80, 85, 87-89; Shirley to Board, Oct. 21, 1742, C. O. 5 883, Ee, 66; Shirley to the King, Dec. 15, 1742, C. O. S 900, 77; Jour., Aug. 21, 1741, p. 66; Sept. 26, 1741, p. 85; Jan. 21, 1742, pp.. 185-188; Jan. 22, 1742, p. 190; Mar. 19, 1742, p. 194; Mar. 27, 1742, p. 211; Mar. 30, 1742, p. 213; Mar. 31, 1742, p. 318; Apr. i, 1742, p. 219; Apr. 13, 1742, p. 244; Apr. 16, 1742, p. 254; Apr. 20, 1742, pp. 257-258; Apr. 23, 1742, pp. 263- 263; May 28, 1742, pp. 8, 11 ; June 2, 1742, p. 17; Ct. Recs., vol. xvii (3), pp. 91-92, 124, 26s, 288, 310. THE SALARY QUESTION 113 a protest from the governor at the smallness of the grant led to an increase. The governor's protest came just after the fall of Louisburg and the house expressed "satisfac- tion in your excellency's administration, and do assure you they are always ready tO' grant such a sum for your sup- port as shall be suitable to the dignity of your station, and shall consist with the circumstances or ability of their con- stituents." ^ In the following year disagreement between the houses as to the amount led Shirley t® request that the •matter of his salary be postponed so that it might not ob- struct the preparation for the expedition then planned against Canada. When he brought the matter up again in the following January an acceptable grant was at once made without any protest as to the rights of the house.* In 1747 he accepted a grant which he considered less than it should be rather than have a controversy at a critical time when it would have badly affected matters then- pending in Great Britain (doubtless referring to the reim- bursement of the province for the Louisburg expedition).* In 1748, however, he raised the issue in strong terms, charg- ing the assembly with ingratitude in view of the reimburse- ment now assured for the Louisburg expedition. The as- sembly did not see the matter in that light, being, perhaps, more disappointed over the prospect of the return of Louis- burg to the French, than grateful for the reimbursement. The result was a warm argument in which the governor combatted the assumption that the province was not able to pay more than £1,900 in badly depreciated bills of credit. The matter went over to the next session and the dispute ^Jour., June 20, 174s, p. 44; June 21, 1745, p. 45; A. and R., voL iii, p. 241. 'lour., June 19, 1746, p. 51; June 20, 1746, pp. S3-S4; A. and R., vol. iii, p. 322. 'Jour., June 14, 1748, p. 43; A. and R., vol. iii, pp. 371-372. 114 WILLIAM SHIRLEY— A HISTORY was renewed after the assembly raised the grant to £2,000. Shirley admitted that his instructions were not binding upon the assembly but declared that they were upon himself, and argued that the assembly was not redeeming its own pledges, and was using arguments not based upon fact. The up- shot of the matter was that the house increased the grant to £2,400, approximately the figure asked, and this Shirley accepted.^ In 1749, the assembly cut £200 from the grant of the preceding year under the pretext that the province was fac- ing a prospect of calamity through drouth, and this Shirley accepted, repudiating any desire to avoid his share in " any publick calamity of the people within my government." ^ Another problem of the first importance and magnitude which had been left by Belcher for his successor to solve was that of the defense of the province in time of war. Although England was already at war with Spain, an at- tack by the Spanish upon the New England coast was a re- mote contingency. However, the mother country was more than likely soon to become embroiled with France, whose position in Canada would make attacks by land and sea upon the northern English colonies almost inevitable. The aggressive temper of the French was attested by recent encroachments upon English territory at Crown Point in New York. Official cognizance of these encroach- ments upon the English possessions only a few miles from the northwestern frontier of Massachusetts, had been taken by the government of that province as early as December, 1 73 1. There was then talk of demanding the removal of the French from their post there, tOi be followed in case o£ ^Jour., June 14, 1748^ p. 43; June 15, 1748, p. 46; June 18, 1748, pp. 52-53; June 22, 1748, p. 56; Nov. 9, 1748, p. 84; Nov. 15, 1748, pp. 96- loi ; June 24, 1749, p. 41 ; A. and R., vol. Hi, p. 422. 2 Jour., June 24, 1749, p. 41 ; A. and R., vol. iii, p. 465. THE SALARY Q VEST ION 115 their refusal by " further methods to bring them to it " through cooperation with the adjoining governments, but these plans evaporated during the following year/ and the western settlements of Massachusetts remained within easy striking distance for raiding parties from the French strong- holds. As the French and the Indians under their influence were past masters in the technique oif la petite guerre^ this was a matter worthy of consideration. Louisburg, the great French fortress and rendezvous for the trade with Canada and the Indies, was situated upon the island of Cape Breton near the entrance to the Gulf of St Lawrence and in a military sense enfiladed the English colonies of Nova Scotia and New England. It was re^ puted the American Gibraltar and the strongest fortress west of the Atlantic. Moreover, as had been the case from the early days of French settlement in America, the agents of France, imany of them Jesuit missionaries, were efficiently active on behalf of their government among the Indian tribes within striking distance of the frontier of the northern English colonies. Their potent influence insured that mas- sacre and devastation would threaten every point of the laiid frontier in case of a rupture with France. It could not be assumed that New Englanders even in their highest dudgeon would fail to comprehend these dan- gers, which were more serious now than when the horrorsi of border warfare had been experienced by their fathers. Had the issue been simply one of providing for defen* there could have been no hesitation in any quarter; but when the carrying out of measures of defense depended upon the passage of a supply bill under restrictions which aroused the combativeness of every Puritan spirit in the i/owr., Dec. 2, 1731, p. 3; D«c. 29, 1731, p. 40; Jan. i, 1732, p. 47; Jan. 27, 1732, p. 103; June 16, 1732, p. 27; June 20, 1732, p. 32; Ct. Recs., vol. XV, pp. 239-240. Il6 WILLIAM SHIRLEY— A HISTORY land, they placed freedom from irksome restraint above safety. An acrimonious controversy had been carried on between Belcher and the house in 1740 as to the form in which grants for the maintenance of seaboard fortifications should be made. Belcher challenged the customary form of such grants and insisted that the custom of naming a legislative committee to purchase materials and to employ and super- vise the workmen, although this committee was to act under the general direction of the governor, was divesting the latter of powers lodged in him by the charter. The general court claimed that such legislative supervision of the application of funds for the building and repair of forti- fications was a right always before exercised without chal- lenge.^ It is not strange, therefore, that the lower house on July 4, 1740, refused to pass " An Act for the security and defense of the frontiers." * The most that could be secured for that time were votes " for purchasing a suitable vessel to guard the coast " etc., for enlisting or impressing men tO' man it, for enlisting sixty men for Castle William, the fortress in Boston harbor, and for organizing two independent companies of eighty men each composed of the best men in the regiments of militia' nearest the Castle " for the service of that fortress in case of an attack . . • ," and that the proceeds from the truck trade with the Indians be employed for repairing forts and truck houses on the frontiers.* Votes also passed both houses in varying forms for ai comprehensive scheme of defense including the repair of 1 iShirley to Board, Oct. 25. 1742, C. O. 5 883, Ee, 72. 'Jour., June 25, 1740, p. 54; July 4, 1740, p. 76- »/&Mf., July 9, 1740, pp. 84 85; July 10, 1740, p. 90; July 11, 1740, p. 92; Ct. Recs., vol. xvii (2), pp. 383-3% 387, 368; A. and R., vol. xii, pp. 697, 698-699. THE SALARY QUESTION jiy forts and truck houses, and for loaning money to seven seacoast towns to- be used for fortifying them; but as the two houses could not reach an agreement with the governor on these matters, and there was no money in the treasury nor a prospect of raising any, these votes must be judged to have been intended for political effect.^ The house was continuing earlier unsuccessful efforts to get substantial control of military affairs through insistence upon the right of the assembly to pass upon muster rolls. The representatives finding Belcher immovable bewailed the fact that the people must part with their ancient liberty and usage or " still lie in their exposed condition. This is truly shocking ! " They further affirmed that putting public moneys into the hands of persons uncontrollable and there- fore unaccountable to> the court was " what the representa- tives in faithfulness to the liberties of their people can't comply with." ^ Aside from the obvious difficulty in securing legislation in Massachusetts for the defense of the province, a further difficulty affecting one capital item in a program of defense arose between the province and the home government. This related to plans for enlarging and equipping Castle William and for the equipment of forts upon the frontiers:, for which purpose the province hoped to benefit by the royal bounty. Of these plans, that relating to Castle William was paramount. On a previous occasion the crown had con- tributed heavy guns and ammunition for the protection of this key to the most important harbor and naval base upon the coast of the English continental colonies in America. This was done with the understanding that the province ^Jour., July 10, 1740, p. 91; July 11, 1740, P- 93- *Ct. Recs., vol. xvii (2), pp. 430, 476, 486; Jour., Dec. 5, 1740, p. 152; Dec. 13, 1740, p. 162; Dec. 23, 1740, p. 170; Dec. 26, 1740, p. 175; Dec. 31, 1740, p. 179; Jan. 2, 1741, p. 183; Jan. 8, 1741, p. I94; Apr. 6, 1741, p. 220; Apr. 7, 1741, pp. 221-222. Il8 WILLIAM SHIRLEY— A HISTORY would pay 5cx5 guineas for powder and small arms supplied at the same time/ When, therefore, the province neglected to do this, the home government kept the omission vividly in memory. In 1734, and again in 1740, Massachusetts petitioned for a repetition of the crown's benevolence, whereby Castle Wil- liam might be made adequate for the defense of the northern continental seaboard. The first of these petitions was refer- red to the board of trade but the second seems to have got- ten no further than the committee of the privy council. Another obstacle to such a gift from the crown was the neglect of the province to repair the fort at Pemaquid.^ Upon Shirley's accession, therefore, he found the problem of defense unsolved in a crisis likely to become shortly much worse. It was largely a problem of the supply of the treasury and of good will for the governor, and Shirley therefore worked to secure the necessary conditions. First he secured reports from the commanders of various forts and blockhouses on the frontiers, eastern and western, and transmitted the information thus acquired to the legislature in the fall of 1741.' These reports showed that many of the forts on the frontiers were far from substantial in physi- cal defenses and garrisons, especially the latter. As an ex- ample. Fort Frederick, at Femaquid, in spite of its important position was manned only by the commander and six un- derpaid men.* Through these reports Shirley secured the inclusion in the 1 Order in Council, Jan. 10, 1745, C. O. S 885, 115, Ff, 75. •Upon this episode, cf. A. P. C, vol. iii, pp. 421, 694, 724-725; Ar., vol. liii, fol. 92; vol. Ixxii, fols. 438-439. 'Ct. Recs., vol. xvii (3), p. 122; Jour., Oct. 2, 1741, p. 94. * Larrabee to Shirley, Sept. 14, 1741, Ar., vol. liii, fol. 98; Savage to Shirley, Feb. 23, 1742, ibid., fols. 107-108, printed in Me. H. S. Colls., sec. ser., vol. xi, p. 225 ; Savage to Shirley, Mar. 8, 1742, Ar., vol. liii, fols. 109- 1 10. THE SALARY QUESTION ng supply act of January, 1742, of an appropriation of £6,500 for the fortifications of the province.^ This was followed by his prompt recommendation to the hooise, to make effective the grant in the supply act for the defense of the province before the recess oi the court, such action being in hisi judgment necessary to> the safety Oif the province. The house, however, postponed action until the next session, ex- pressing a desire for a fuller house before acting further.'' The needs of the province now became the basis for a petition from the general court to the crown for cannon and supplies for Castle William, signed by Shirley and! heartily endorsed by him in a letter to Newcastle. A former grant to Massachusetts in the time of Governor Dudley and recent grants of such aid to New York and Pennsylvania were urged by Shirley, as well as the political advantage to be gained by increasing his influence with the people.* In the next session, pending news of action on their petition, the house attacked the problem of defense by asking the governor to direct the commander of Castle Wil- liam to inform' the house of the state of the fortress, so that they might better provide for repairs. In response the governor suggested that a committee of the two houses ac- company him upon a visit to the Castle. Thus did Shirley tactfully smooth the way for cooperation between himself and the legislature in things military, and secure an oppor- tunity for getting his views personally before the members of the committee.* VShirley to Board, Apr. 30, 1742, Sh. Cor., vol. i, p. 84; A. and R., vol. ii, p. 1078. 'lour., Jan. 21, 1742, pp. 183, 184. 'Shirley to Newcastle, Feb. 3, 1742, C. 0. 5 900, 34; A. P. C, vol. ... _ . ? f-^ I", p- 724- :;;; *For this incident, cf. Jour., Mar. 18, 1742, p. 192; Mar. 22, 1742, p. 197- I20 WILLIAM SHIRLEY— A HISTORY The result was the preparation by the house and the en- actment by the middle of April of a comprehensive scheme for the defense of the seaboard, and for scouting parties on the frontiers, the former including not only Castle William, to which the major portion of attention was given, but also considerable batteries for the defense of Boston, and others of less magnitude for the defense of eight other Massachusetts seaports, including Falmouth in Maine. Within the same period also there was passed a vote for carrying on repairs begun by order of Belcher upon the truck house or fort on St. Geprge's river in Maine.^ In securing the defense of the seaboard Shirley was not only procuring the obviously necessary, but also carrying out a part of his fifty-sixth instruction.^ Shirley's task was only well begun, however, when he secured an appropriation of £6,500 for fortifications.^ The defense of the points where batteries were as a result erected was made by no means impregnable, and other seacoast towns were vmdefended, while the defenses of the land frontiers were largely in ruins or non-existent. Most of the fund voted in the January supply bill was appropriated in the votes of the following April for fortifications,* and Shirley was not allowed by his instructions to consent to further issues of bills of credit (the only considerable means the province possessed of raising money) during that financial year, Shirley from! time to time during the spring and summer of 1742 brought up individual matters relating to defense needing attention but found the assembly efficient watch- ' Action on these appropriations is recorded in Jour., Apr. 9-10, 1742, pp. 239-242; Apr. 12, 1742, p. 243; Sept. 9, 1742, p. 77; Ct. Recs., voL :xvii (3), pp. 329-333; A. and R., vol. xiii, pp. 109-114. ^Sh. Cor., vol. i, p. 63. ^A. and R., vol. ii, p. 1078. * Cf. supra. THE SALARY QUESTION 121 dogs of the treasury. Their economical tendencies were perhaps stimu'ated by the fact that Shirley was then con- tending for a fixed salary, as well as by the difficulty attend- ing the raising of money. In June the interests of the province and the apparent need of remforcements for Fort George at Brunswick, in Maine, when urged by the governor failed to convince them.^ He brought Castle William to their attention again to suggest an increase of wages for the garrison, as a means to securing efficient men, which led to the naming of a com- mittee to investigate.^ Four days later Shirley named the lieutenant-governor and six prominent members of the legis- lature as a committee " to supervise, manage, and carry on " specified repairs at Castle William, subject toi his direc- tians. In doing so he met the legislature halfway in the matters involved in their controversy with Belcher. Later he accepted legislative committees named to act under the governor for managing the expenditure of money for mili- tary purposes. He justified this policy to the home govern- ment, by stating that the legislative committee respected rather the good economy and husbandry of public money than the governor's power.* The house at the end of June voted to reduce the number of guns to be supplied by Salem from sixteen to ten, apparently as an inducement to the town to meet the conditions of the grant.* Thus matters were progressing but slowly until after the salary imbroglio had been settled." Then with the ^Jour., June 15, 1742, p. 41; June 16, 1742, p. 43. *Ihid., June 25, 1742, p. 57. ' Shirley to Spencer Phips, etc., June 19, 1742, C. O. 5 883, Ee, 73 ; Shirley to Board, Oct. 25, 1742, C. 0. 5 883, Ee, 72. * Ct Recs., vol. xvii (3), p. 44&; ^- ond R-, vol. xiii, p. 152. • Perhaps the salary issue prevented Shirley from securing a grant in the July supply act for fortifications. Ihid., vol. iii, pp. 8-1 1 ; Ct. Recs., vol. xvii (3), P- 458- 122 WILLIAM SHIRLEY— A HISTORY diplomatic artistry in which he was an adept he set out to persuade the general court to appropriate money they did not possess, and the home government to make an exception to their restrictions upon the issue of bills of credit, in view of the obviously perilous situation of the province. In the evolution of his plans he arranged for a tour in July and August of the Maine settlements, which consisted of a land and sea frontier intermingled — a fringe along the seaboard. To inspect these outposts of New England, forming a spear head in the side of Canada, Shirley tactfully took with him a committee of the general court.^ After holding a satisfactory conference with the Penobscot Indians at St. George's river,^ they visited Peraaquid and the other postsj along the Maine shore, concluding with a visit of the com- mittee alone to Saco, deputed by the commander-in-chief to inspect and report to him to avoid the expense of a visit by himself, as he later explained to the assembly.* After this trip Shirley interpreted the eastern frontier problem in terms chiefly of two things. The first was the need of so handling the Indians as to hold them to the English in case of war,* to accomplish which he urged the selection of proper truck masters in that district, and es- pecially one at St. George's who could speak the Penobscot tongue. The other was the great value of. Maine, intrin- 'For provision by the general court for this expedition, cf. A. and R., vol. xiii, p. 158. 'These Indians had sent delegates to Boston to pay their respects to the new governor soon after his accession. CI. Recs., vol. x, p. 544. •■'Shirley, A Conference held at the Fort at St. George's, Aug. 4, 1741 (Boston, 1742). For this tour, cf. Jour., Sept. 3, 1742, pp. 70-72; Shirley to Newcastle, Aug. 30, 1742, Me. H. S. Colls., sec. ser., vol. xi, p. 251 ; Shirley to the King, Dec. 15, 1742, C. 0. S 900, 77. *This policy was enjoined upon Shirley by his fifty-first instruction. Cf. Sh. Cor., vol. i, p. 61. THE SALARY QUESTION 123 sically and as a granary for Massachusetts, and the need for defending it equally with the rest of the province.^ His wisdom and tact prevailed. Three of the four former truck masters were retired when the general court soon chose those for the ensuing year/ The general court also voted £700 from the fund raised in 1741 to be used for defenses at Piemaquid, St. George's and Saco.^ Having reached this point, Shirley made application tO' the home government for permission to consent to a special issue of £7,000 or £8,000 of bills of credit, retirable before 1746, and to be used to complete the works at Castle Wil- liam. He further pointed out that the province could not wage war against the French in case of a rupture without further emissions not allowed by his instructions, and re- quested authority in such a contingency " to consent to emission of such a stated sum in paper bills as may be thought proper in time of war, or such further discretionary sum as I shall find his [the king's] service will necessarily require." * Successive administrations before Shirley's time had been embittered by the stubborn opposition of the assembly to the execution of repeated injunctions from the crown that Pemaquid, an important stronghold near the extreme northeastern frontier, should be repaired. Shirley's per- suasion now secured this important strengthening of the frontier. Possibly the willingness of the general court to provide for it at this time was partly due to the fact that no specific instruction had been given Shirley to insist 1 Jour., Sept. 3, 1742, pp. 70-72. 2 Ihid., Sept. 7, 1742, p. 74. 3 Ihid., Sept. 9, 1742, p. 77; Ct. Recs., vol. xvii (3), p. 483; A. and R. vol. xiii, pp. 163-164. * Shirley to Board, Nov. 16, 1742, C. O. S 883, Ee, 74; Shirley to Har- rington, Lord President, Nov. 16, 1742, C. 0. 5 883, Ee, 79. 124 WILLIAM SHIRLEY— A HISTORY upon the point. ^ Probably, also, it was understood that the failure of the province to provide for it was likely to be an obstacle to success in the petition which they had made that cannon and munitions of war be donated to them bjr the crown for Castle William,.^ On the heels of the appropriation for Fort Frederick at Pemaquid, came Shirley's recommendation for the support of a chaplain for the garrison and the neighboring settlers- there as a means to encouraging settlement and strengthen- ing the defense of the place in case of attack. After further urging by Shirley and a stipulation that one-half the suns for a chaplain's salary be paid by the inhabitants, the legis- lature voted to provide for the spiritual needs of the garrison and settlers at Pemaquid.* At about the same time, being informed that English citizens were being denied the freedom of the streets in Quebec ' Shirley's own instructions contained only a general direction to- " require and press . . . fortifying all places necessary for the security of the said province by land," etc., s6th instruction, Sh. Cor., vol. i, p. 63. 'Shirley wrote to Newcastle and the lord president of the council ott November first following to present further arguments in favor of 3 grant of cannon and supplies for Castle William. To the objections which had arisen- in the committee of the privy council, that the province had not provided for the defense of Pemaquid and had not paid five hundred guineas due from them in connection with the pre- vious similar gift from the crown, he replied that Pemaquid was being' repaired and already two-thirds finished and that he was having an investigation made in regard to the previous action of the general court upon the matter of the five hundred guineas, preparatory to a statement by the Massachusetts agents in London. Shirley to New- castle, Nov. I, 1742, C. O. 5 900, 74; Shirley to the Lord President of the 'Council, Nov. i, 1742, Ar., vol. liii, fol. 138, published in Sh. Cor.^ vol. i, pp. 93-95 ; A. P. C, vol. iii, p. 725. Cf., also, Kilby to Shirley, Ar., vol. Kii, fols. 174-175. 'Jour., Sept. 10, 1742, p. 79; Nov. 19, 1742, p. 83; Dec. 30, 1742, p. 132; Shirley to Board, Sept. 15, 1742, C. 0. 5 883, Ee, 68; Shirley to Newcastle, Sept. 15, 1742, Sh. Cor., vol. i, p. 92; A. and R., vol. xiii, p. 193^ THE SALARY QUESTION 125 by the French, he ordered that all Frenchmen in Boston be taken into custody and that they leave the town within five days/ At the end of the year the governor returned to the sub- ject of Castle William, reporting that fair progress had been made but that the appropriation for the purpose had already been exceeded and the new works were still un- finished. The European situation, he said, was threatening and the completion of the works urgent; upon their com- pletion the city of Boston would be secure and probably im- mune from attack. Upon inviting a commiittee of both houses to accompany him upon a tour of inspection of the Castle, he secured within a day an appropriation of £1,100 for completing the repairs.^ This he soon followed by a mes- sage pointing out that eighty-four great guns at the Castle and twenty more hoped for from the crown by spring * were * Shirley to Newcastle, Sept. IS, 1742, Sh. Cor., vol. i, p. 92. Cf. also, Records of Boston Selectmen, 1736-1742, p. 357. 'During the preceding summer Shirley had secured from the pro- vincial secretary information regarding the precedents for providing for repairs of Castle William. Secretary to Shirley, Aug. 27, 1742, C O. S 899. For the proceedings regarding the Castle in Dec-Jan., 1742-1743, cf. Jour., Jan. 14, 1743, p. 147; Ct. Recs., vol. xvii (3), p. 612; A. and R., vol. xiii, pp. 205-206. *0n the granting of the request for these guns with the proviso that the province first pay the sum due, cf. A. P. C., vol. iii, pp. 725-726; Board to Shirley, July 6, 1743, C. 0. 5 918, 103; Sharpe to Committee ■of Council, Nov. 28, 1743, C. O. 5 884, Ff ; Order in Council, Jan. 10, I74S, C. O. S 88s, IIS, Ff, 75- The news of the success of their petition arrived before the end of winter, and governor, coBncil and house expressed gratitude and avowed "the strongest ties of duty, loyalty and affection to your sacred person and government and shall always endeavor with the utmost zeal and vigour to exert ourselves for promoting your majesty's honour and interest." (Governor, Council and House to the King, Feb. 8, 1743, C O. 5 900, 83.) Later the assembly through Shirley presented their ftanks to Newcastle for his intercession on their behalf. Shirley to Kewcastle, Mar. 23, 1744, Sh. Cor., vol. i, pp. 116-117. 126 WILLIAM SHIRLEY— A HISTORY nearly useless without trained men to handle them. He estimated that about 1 50 men were needed. This led to the revival and passage on January 15, 1743, of a bill entitled " An Act for inlisting the inhabitants of Dorchester into His Majesty's service, for the defence of Castle William, as oc- casion shall require." ^ The succeeding spring opened and was followed by the other seasons in course without the momentarily expected rupture with France. In the summer Shirley sent some Spanish prisoners to England with a statement that he was searching for all Spanish sailors to be sent home as prisoners of war, and with a warning that sailors on Span- ish prizes had by custom been disposed of in ports of the American colonies by captors as sailors for English vessels, giving them every opportunity to get information about the harbors, towns and forts in the English colonies.^ In October Shirley had news from home of increased danger of an immediate break with France. He at once executed commissions from the lords justices and the ad- miiralty by sending letters from them toi the other governors and to General Oglethorpe, and wrote to Newcastle that he would put the province in the best possible state of de- fense and guard against surprise.* Having heard also of a privateer fitted out at Cape Breton, generally supposed to be a " Frenchman," he ordered the province snow to cruise off the New England coast in ^Jour., Dec. 21, 1742, p. 122; Dec. 22, 1742, p. 123; A. and R., vol. iii, pp. 44-45. Cf. also Shirley to Board, Jan. 30, 1743, Sh. Cor., vol. i, p. 100. 2 Shirley to Newcastle, July 8, 1743, C. 0. 5 900. •Shirley to Admiralty, Oct. 11, 1743, Ad. I, 3817; Shirley to New- castle, Mar. 19, 1744, Sh. Cor., vol. i, pp. 115-116; Shirley to Newcastle, Oct. II, 1743, C. O. 5 900, 87; Shirley to Admiralty, Oct. 11, 1743, Ad. I, 3817. THE SALARY QUESTION 127 search of it.^ At the same time he sent a warning to colonels in command of the regiments of militia upon the frontiers tO' take measures to protect the frontiers and to warn the settlers there of danger.^ Almost at once h& named a committee headed by Colonel William Pepperrell and in- cluding other prominent residents of that district to take charge of fortifying the towns of York county, and another headed by Colonel John Stoddard and leading men in Hamp- shire county, tO' perform a simiilar service there- Pep- perrell and Stoddard were the chief commanders upon the eastern and western frontiers respectively and they and their committees were to exercise large discretion, taking care not to exceed the funds available.* Meanwhile further steps to complete the defense of the province had waited upon permission from home to emit bills of credit for a special fund for that purpose. Thisi permission was given willingly and in the usual leisurely fashion. By the same process Shirley's request for dis- cretion tO' approve further issues of bills of credit in the event of a French war, either a stated amount or as many as should be necessary, was disapproved. The reasoning behind the refusal was wholly characteristic of the board of trade viewpoint. They saw " no reason for such an allowance forasmuch as there is already provision, made by His Majesty's instruction for emergencies, provided the acts for such emissions have the suspending clause in ^ Shirley to Governor Greene, Oct. 10, 1743, Ar., vol. liii, fol. 162. ^Me. Hist, and Gen. Rec, vol. iii, pp. 93-94; Dame, "Life and Char- acter of Sir William Pepperrell" in Essex Institute Historical Col- lections, vol. xxi, p. 169; Shirley to Stoddard, etc., Nov. 1743, Ar., vol. liii, fol. 160, printed in Me. H. S. Colls., sec. ser., vol. xi, p. 290. 3 Shirley to Stoddard, etc., Nov. 30, 1743, New Eng. Hist, and Gen. Reg., vol. xiii, pp. 21-22; .Shirley to Pepperrell, etc., Nov. 30, 1743, Ar., vol. Ixxii, fol. 674, printed in Goodwin, Records of the Proprietors of Narragansett Township, No. I (Concord, 1871), pp. 138-139. 128 WILLIAM SHIRLEY— A HISTORY them." ^ Here appear a mingling of tenderness lest the in- structions they had drafted appear insufficient in an emer- gency, of blindness to the results of provoking a contest with the assembly over a suspending clause in the face of the enemy, and of innocence of all comprehension of the mean- ing O'f an emergency. In truth emergencies were not sup- posed to occur in colonial affairs. Colonial questions need not presume to disturb the decorum of the offices at home. In the case of the successful request of Shirley for a small emission of paper to complete the necessary defenses which might be needed at any time, even though there was full approval and more than ordinary dispatch in matters of the kind, it was nearly ten months after sending his applica- tion before Shirley was able to bring the report of his suc- cess before the legislature. It was but natural, since this seemed to meet the emergency as they saw it, that the board of trade should not see reason for more rapid action in any future emergency, unless that body were to abdicate its functions to a colonial governor, which even though the empire should fall, was unthinkable. 'Board to Committee of Council, Apr. 29, 1743, P. R. O. The whole question of permitting larger emissions of bills of credit was brought up in the privy council, Jan. 19, 1743, referred by them to the committee of council, and referred by the committee to the board of trade for report. The latter consulted the data sent in Shirley's letters upon the Massachusetts currency (c/. iShirley to Board and enclosure, ,Mar. 19, 1743, Sh. Cor., vol. i, pp. 101-107) and submitted this with their recommendation approving Shirley's request to the com- mittee of council. The latter reported to the council, whereupon the lords justices in council approved the recommendation and on June 2d, directed the board of trade to prepare instructions for Shirley ac- cordingly. The board reported them on the fourteenth and in due season the instructions were approved. This had occupied five months and eleven days. Order in Council, June 2. 1743, C. 0. 5 883, Ee, 92; Board to Lords Justices, June 14, 1743, C. O. 5 918, 96; Order in Coun- cil, June 30, 1743, C. O. s 884, Ff, 4; Board to Committee of Council, Apr. 29, 1743, C. 0. s 918, 85. THE SALARY QUESTION 129 However, it should be said, in justice to the board of trade, that its insistence upon retaining actual control of governmental action in the home offices was largely confined to commercial questions, which were supposed to be its especial province, and that long experience had shown that there was small chance of securing the ends sought by the crown through a colonial governor under pressure from a colonial legislature if he were free from restraint from home. The board of trade alsoi possessed the common British capacity of learning only by unpleasant experience. The contrast between the preliminary and the event was vivid. Shirley announced his freedom tO' accept a special emission of bills of credit, September 9, 1743. Then fol- lowed a series o^f short messages from the governor urging action for the defense of one or two or three exposed places, usually getting a grant, not always as much as asked. Then came a report through the governor that war was likely with France, and a reminder that the king had lately presented the province with twenty guns, twO' mortars and thirty-six smaller cannon. The house promptly responded to his suggestion O'f a grant for defense, and also to the hint that further defense was necessary for a number of towns on the coast and inland. In a word, it was two months and three days from the time that the matter was laid before the house tO' the enacting into law of a compre- hensive fortifications scheme, providing for the defense O'f the most exposed portions of the province on both sea and land frontiers.^ In carrying out this program for defense Shirley se- cured the services of Mr. Bastide, an engineer then em- ployed by the British government in America, especially to 1 For the material upon which this paragraph is based, cf. Jour., Sept. 9, 1743, p. 76 to Nov. u, 1743, P- 136, passim; Ct. Recs., vol. xvii (4), pp. 218-228; A. and R., vol. xiii, pp. 309-316. I30 WILLIAM SHIRLEY— A HISTORY plan and supervise the construction of works and batteries; at Castle William, Marblehead, Cape Ann, and Falmouth in Casco Bay.'^ The governor, also, after being warned by the lords justices of trouble brewing, raised ten companies oi snow- shoe men of fifty men each upon the frontiers, four oi them in York county, to be ready for instant pursuit of any hostile Indians who might make an incursion in the winter season. He likewise supervised the erection oif the line of block-houses and garrisons voted by the general court toi encircle the exposed settlements. Many of these he was informed would be completed by July next.^ Finally a small appropriation for the defense of North Yarmouth was passed March 13, 1744.^ Two days later the French king declared war. The French declaration was followed on March 29, 1744, by the reciprocal English declaration.* This was followed in turn by a general injunction from Newcastle to take all opportunities tO' distress the enemy through privateers and "in their settlements, trade and commerce." " ^Jour., Mar. 2, 1744, p. 182. 'Shirley to Newcastle, Mar. ig, 1744, Sh. Cor., vol. i, pp. 115-116; P'epperrell, etc. to Shirley, Dec. 9, 1743, Ar., vol. liii, fol. 165, printed in Me. H. S. Colls., sec. ser., vol. xi, pp. 291-292. ^Jour., Mar. 13, 1744, p. 19s; Ct. Recs., vol. xvii (4), p. 326; A. and R., vol. xiii, p. 345. 'The French king's declaration of war, Mar. 15, 1744, Sh. Cor., vol. i, pp. 112-114; Jour., May 31, 1744, p. 7; Declaration of war against the French king, Mar. 29, 1744, Sh. Cor., vol. i, pp. 117-121. 'Newcastle to iShirley, Mar. 31, 1744, Sh. Cor., vol. i, p. 122. The two declarations became known to Shirley unofficially at the same time by way of a trading vessel from Glasgow, on May 5th, thirty-seven days after the English declaration and fifty days after that of France. (Shirley to Newcastle, May 31, 1744, C. O. 5 884, Ff, 28.) The official English notification to him, however, did not reach him until June 2d (Shirley to Board, June 16, 1744, C. O. 5 884, Ff, 27). THE SALARY QUESTION 131 Fortunately Shirley, although the war crisis was already imminent, had been allowed nearly three years of grace since his accession in which to perform the miracle oi bring- ing the provincial legislature and the home government toi the same ground, by harmonizing contentions which had! resulted in the violation of the public faith and an empty treasury. In the same period he had succeeded in creating out of the ruins of the partial fortifications of the frontiers a comprehensive system of defense in tolerable condition when the war storm broke. This delay was not wholly due to the slowness of the home government as the commander of the vessel bringing the news took time to capture two prizes on the way over. Shirley to Newcastle, July 7, 1744, Sh. Cor., vol. i, pp. 131-132- CHAPTER VII Establishing an Imperial Policy The placing of adequate strongholds adequately garri- soned about the environs of Massachusetts, however, was only the outer garment of Shirley's policy. He exemplified . the belief that the proper function of a colonial governor was to be not an overseer of a plantation but a constructive statesman. He accepted the political and economic subor- dination of Massachusetts to the home government but he also recognized obligations of the home government to Massachusetts, and the rights and liberties of the province under her charter. He had the reverence of the lawyer for orderly action, and for the status quo so far and so long as protected by law. Yet although he was faithful to the letter of the law so long as its mandate did not en- danger the state or involve the destruction of fundamental human rights, he drew his inspiration from the spirit of justice and equity. He recognized the power of public opinion and took note when laws were unenforceable. He also had both the vision and the courage to act without authority when the crisis demanded it. He had an almost Prussian aptitude and liking for ef- ficiency. However, it was an Anglo-Saxon efficiency, aim- ing at the realization of the law-protected freedom of Anglo- Saxon civilization, which he loved. He represented the best and most enlightened British thought of his times in his attitude toward the colonies. His attitude is expressed in a paradox which in later 132 ESTABLISHING AN IMPERIAL POLICY 133 times has often seemed a contradiction, that the colonies were both subordinate to and integral parts of the empire. Their subordination was in theory the position of dependence which every political unit not autonomous sustains toward the sovereign state tO' which it is attached. Practically, this status was made less palatable to the colonies through the fact that, constitutionally, supreme authority rested with the Britons at home, whose interests were frequently in opposition to those of the colonists, particularly in regard to many economic questions. The colonists were legally bound by laws enacted by Parliament, a body in which they were not represented. For the legal protection of their interests and for influence upon action in England they were dependent on (i) the right of petition to king and Parlia- ment, which they shared with Britons at home; (2) the right of judicial appeal to the king in council in cases of importance; (3) the activities of agents who represented colonial governments before all officials in England con- cerned in colonial administration; and (4) rights of local self-government granted in charters from the crown or al- lowed by the instructions to royal governors where charters did not exist. The importance of this last factor was subject tO' great qualification. Instructions to governors might always be changed; and in the case cf the chartered province of Massachusetts Bay, it was assumed at home that the king's ministers might so instruct the governor as to prevent the passage of acts clearly within the competence of the provin- cial legislature under the terms of the provincial charter. This was in effect an indirect method of amending the charter. King and Parliament also claimed, but did not fully exercise, as large powers over the colonies as over the realm. The subordination of the colonies therefore was real. Its chief significance lay in the fact that the home govern- 134 WILLIAM SHIRLEY— A HISTORY ment while allowing large liberties to the colonists, now and then intervened to place under regulation some vital matter in a fashion more for the advantage of the realm than for that of the coloniets. It does not follow from this factor of selfishness that the colonies received no ad- vantage from the British connection. On the contrary, English interference in colonial affairs was not infrequently for the benefit of both the realm and the colonies, and the security of the colonies in time of war was immeasurably greater because of the British fleet and army. For purposes of defense and foreign relations generally the colonies were theoretically integral parts of the empire. Also such acts of Parliament as were declared by that body to apply to the plantations were generally admitted by the colonists to be binding upon them, in spite of frequent evasions of acts restricting their economic freedom. Shirley clearly saw the interdependence of realm and colonies, and believed that the colonies should be adminis- tered for the advantage of both. He saw that in some in- stances British measures benefited neither, and in others were unwisely harsh. His policy was calculated to avoid these defects. It was in substance, that of an imperial statesman in a colonial environment, convinced that the em- pire was built upon foundations essentially just and should endure to the mutual benefit of mother country and colonies. Perhaps his primary proposition would have been that a colony must enjoy reasonable content and prosperity in order to be truly beneficial to both the mother country and itself. Shirley was shrewd in his political measures, and enemies accused him O'f being unscrupulous. No convincing evi- dence appears that he was not sincere and actuated by a sense of duty in public and private dealings. Shirley, ob- viously, must work with the men and the conditions with ESTABLISHING AN IMPERIAL POLICY 135 which he came in contact. He always addressed the Duke of Newcastle with profound respect which often seemed to verge upon undue humility. Nevertheless, he urged his proposals and defended his measures to his patron with frankness and force. He also wrote with the air of one sure of a sympathetic hearing. His letters were calculated to appeal both to Newcastle's liking and to his judgment. Nor did he neglect so necessary a step as tO' establish pleasant relations with the private secretary of the great man, which he promoted by sending to this powerful sub- ordinate a pipe of Madeira wine.^ Similarly, a hint from the duke to Mrs. Shirley to cultivate good relations with Lord Wilmington, lord president of the privy council, led Shirley to pay successful court to that exalted personage. " Wilmington soon died and was succeeded by Lord Harring- ton, with whom Shirley also maintained pleasant relations. Shirley corresponded regularly and fully with Newcastle and the board of trade. He also wrote frequently to the admiralty upon matters relating to their department, es- pecially in time of war, and less frequently to the other ofifices in London, when matters coming under their juris- dictiou' were to- be dealt with. His correspondence was enormous and his letters were usually full and clear. At first Shirley did not enter largely intO' details in his letters to the board of trade, perhaps partly because of the pressure of business, and partly because of a desire to avoid wearying the board.' The board, however, was 1 Shirley to Andrew Stone, Dec. 8, 1741, C. 0. 5 899. 'Lord Wilmington commanded Mr. Thomlinson to inform Shirley that he would be his friend, and showed a readier approval of the early measures of his administration than did the cautious board of trade. Shirley to Wilmington, Apr. 30, 1742, His. Mss. Com., nth Rep., app. 4, pp. 292-294; (Shirley to Newcastle, May 4, 1742, Sh. Cor., vol. i, p. 86. 'He explained in January, 1743, that the details of certain mistakes in acts for issuing bills of credit "' would be too long " to include in his letter. Shirley to Board, Jan. 24, 1743, Sh. Cor., vol. i, pp. 95-96. 136 WILLIAM SHIRLEY— A HISTORY more interested than he thought in questions of administra- tion, and particularly in the problem of paper money. They were wholly enlisted in an effort to remove the evils growing out of unrestrained emissions of paper and were rather repelled by the promptness with which Shirley had approved an emission of £30,000 in such bills upon receiving per- mission to do SO', followed shortly by a request to exceed the amount allowed by his instructions. They, therefore, mingled approval with admonition,^ and in the following July requested " a clear and explicit state of the paper cur- rency as it now stands, that we may be able to judge, when there will be an end of this intricate affair." ^ In the preceding mionth, however, Shirley wrote to the board giving detailed information on the subject, which was followed by another lengthy installmient upon paper money in December of the same year.* Thus, since his policy in this instance was approved, the groundwork was laid for unqualified endorsement of his financial policy by the board, and this was accompanied by approval of the other measures which he had taken.* A necessary basis for such approval by the ministry as well as by the board of trade was'laid by substantial loyalty to his instructions not only in this capital point, but also in other matters. The board once noted that he had passed an act for the taking off of entails without a suspending clause and without a certificate that it had passed through specified stages required in the case of private acts by his seventeenth instrudtion.^ Folloiw'iing this, mild reminder 'Board to Shirley, Aug. 18, 1742, C. 0. 5 918, 76. » Board to Shirley, July 6, 1743, C. O. 5 918, 103. 3 Shirley to Board, June 29, 1743, C. O. 5 884, Ff, 9; Dec. 23, 1743, C. O. 5 884, Ff, 19. 'Board to Shirley, Aug. 9, 1744, C. O. S 918, 129. 'Board to 'Shirley, July 6, 1743, C. 0. S 918, 103; 17th instruction, Sh. Cor., vol. i, pp. 49-50. ESTABLISHING AN IMPERIAL POLICY 137 Shirley passed no more private acts during his administra- tion, with the exception of three enacted after his return from England, each granting a divorce.^ He demonstrated his regard for the rights of the crown, howbeit upon second thought, by stating his. doubt " whether a subordin- ate government has power to make an act of so extraordin- ary a nature " as a private act for the sale of some wild lands of little value belonging to twO' minors, which he had signed without reflection upon being pressed to do so while in the chair.^ He won from the board positive approval for his refusal to assent to a bill for repealing a law grant- ing a bounty for killing crows, without a suspending clause in accordance with his instructions.* He refused, in 1748 to assent tO' an excise act, signing which he deemed would violate his sixteenth instruction, inasmuch as the act was of an unusual and extraordinary nature and " the trade of Great Britain would be considerably affected thereby." * Finally, after allowing through inadvertence, as he ex- plained, some acts at the beginning of his administration to pass with the enacting clause so' worded as seemingly to imply that acts were valid merely upon passage by the general court and without approval by the crown, he usually insisted in accordance with his seventh instruction upon the wording: "Be it enacted by the Governor, Council and House O'f Representatives." ^ ^A. and R., vol. vi, pp. 161-170, passim. •Shirley to Board, Jan. 30, 1743, Sh. Cor., vol. i, p. loi. •Board to iShirley, Aug. 9, 1744, C. 0. 5 918, 129; nth instruction, Sh. Cor., vol. i, p. 47. Shirley also declined to approve another law in 1748 on similar grounds. Jour., June 23, 1748, p. 60. *Ibid., 16th. instruction, Sh. Cor., vol. i, p. 49- ' Even after this time, however, occasional acts slipped through not in conformity with the prescribed language. Cf. A. and R., vol. iii, pp. 18, 24, 38, vol. V, pp. 139-140; Shirley to Board, Aug. 30, 1742, C. 0. 5 883, Ee, 67; 'Seventh instruction, Sh. Cor., vol. i, p. 45. Cf. also, for the later history of the question, A. and R., vol. v, p. 506. 138 WILLIAM SHIRLEY— A HISTORY The preceding incidents related to instructions for which the governor was not responsible, but in one instance he suggested, although he did not request, the addition of an instruction not included among thoise prepared for him in 1741. The question at issue was primarily that of increas- ing the number of townships in the province. Shirley might have approached this question from the angle of the effect which the erection of townships had and might have in Maine in encouraging the appropriation of reserved mast trees by private persons ; but he allowed this consideration tO' remain in the background, merely referring, among other matters, to the fact that sixteen new towns were erected during Belcher's administration. Shirley did not at first oppose the formation of new townships, but consented tO' acts for the organization of Western^ and Pelham^ in that form. He may have received a hint for a different policy from a petition presented from parts of Attleboro and Rehoboth, praying that they be set off as a separate precinct instead of being erected into a new township as provided in a bill which had passed both houses.^ It is not unlikely that Shirley was stimulated to take measures to check the formation of new towns when on June 4, 1742, the house voted a joint committee of the two houses tO' investigate the progress of the grantees of townships granted since 1725, and to consider a proper en- couragement for settling them speedily. If the plan in- dicated were carried to completion there would soon be a grist of new towns to go through the legislative miill. The purpose of the house appeared in clearer outline and scope in a vote of June 21, 1743, for a joint committee to sell after February i, 1744, all lands in the townships granted 'C/. Recs., vol. xvii (3), p. 236; A. and R., vol. ii, pp. 1088- 1089. 'Jour., Jan. 15, I743. P- iS3; A. and R., vol. iii, p. 49. ^Jour., Nov. 26, 1742, p. 92. ESTABLISHING AN IMPERIAL POLICY 139 an Hampshire county, between Hampshire county and the Merrimac river, and in Maine, respectively, in case the proprietors of the same were delinquent at that time in the performance of the conditions of their grants. The council succeeded in securing the adoption of a substitute motion that there should be a committee on grants of town- ships in general " to project some suitable method for the more effectual settlement of the said grants." ^ The question came squarely before the governor in 1742, when the legislature passed bills for dividing three old townships, thereby creating three new ones. These bills Shirley refused to sign and wrote to Newcastle giving the reasons for his refusal fully. Shirley looked at the ques- tion as one of policy, affecting the constitution of the government of Massachusetts. He did not question the power of the province under the charter to erect new towns, but he believed that the right was being used to change the balance of power among the different branches of the pro- vincial government in a sense not intended by the makers of the charter, and that every beneficial end attainable by the creation of new towns could be secured equally well by ■other means. The chief points in his argument were as follows : under the charter of 1692 the members of the council were chosen by the general court. In the court's imembership the rep- resentatives vastly outweighed the council, and therefore might almost be said to be the constituents of the council. This dependence of the council upon the house suggested " a check upon if not a wrong bias in " the council in disputes between the house and the governor. The large increase in the number of representatives since 1692 had for several years past constituted an embarrassment to the government. Although normally many towns did not take advantage of ^lour., June 21-22, 1743, pp. 64, 65, 67. I40 WILLIAM SHIRLEY— A HISTORY their representation or were not fully represented, they were always prepared to double their numbers in the event of a dispute with the governor. He proposed tO' put an end to this method of increasing the number of representatives by erecting from new plantations, noit towns, but precincts, parishes or villages, with all the privileges of towns except that of sending representatives to the general court. Shirley's arraignment of the system in vogue is forceful, and, from the point of view of a prerogative man, convinc- ing. Moreover, it may be doubted whether the province needed more representatives than might be sent by the i6o towns then existing, nearly all entitled tO' tv/o representa- tives each and Boiston to four. On the other hand, if the popular feature of the government was to be maintained upon an equitable basis, the new settlements should have had a share in it proportioned tO' their numbers. Possibly such a result might have been approached by periodic redis- tribution of representation with a proviso that the total number of representatives should not be increased. To such a measure Shirley might not have been opposed. His actual scheme would not have deprived the people in new settlements of the local self-government which had been carried out through the towns, but would have prevented the development of popular strength in the legislature.^ On the whole it was clearly the belief of Shirley that the Massachusetts politicians had set to work, under the guise of providing necessary local government for new communi- ties, to undermine gradually, almost imperceptibly, the king's authority as embodied in the governor. They would ultimately leave the executive isolated even from his official advisers, who would be a royal council in name but popular 'This question arose at a time when representation in the English Parhament was far from equitable, and when no scheme for readjust- ment of it was in sight. ESTABLISHING AN IMPERIAL POLICY 141 representatives in fact. Undiluted popular control Shirley could not consider possible in a goveramient in which the imperial element was to have effective expression. The board of trade fully agreed with Shirley's judgment as to the matter and proposed an instruction tO' the governor forbidding him for the future tO' consent to the erection of new towns. This was approved by the lords justices in council and Shirley was instructed accordingly.^ The house raised the new-township issue again in the spring of 1744, by voting that the people of Lincoln, on St. George's river in Maine, be allowed tO' bring in a bill for their erection as a township. The council non-concurred and voted that the petitioners be allowed all town privileges save that of se'nding a representative. This the house re- jected, but it could not secure the adoption of its own vote.^ The position taken by the governor and council at this time was accepted in January, 1746, in the instance of Natick, which was made a precinct or parish with the local govern- ment of a town.^ Shirley, however, departed from his earlier policy in this regard after his return from England in 1753. He then signed acts for erecting three new towns in April, 1754, in violation of the instruction of 1743, and was reminded of the latter by the board of trade. Whether this change in 'The instruction is in Board to Lords Justices, July 27, 1743, C. O. 5 918, 108, printed in A. and R., vol. iii, p. 72. For this affair cf. Shirley to Newcastle, with enclosed State of the Province of the Massachusetts Bay, as to its Number of Representatives, Oct. 18, 1742, C. O. 5 900, 69; Board to Committee of Council, June 8, 1743, C. O. 5 918, 92; Order in Council, June 30, 1743, C. 0. 5 884, Ff, i ; Board to Shirley, July 6, 1743, C. 0. S 918, 103; Board to Lords Justices, July 27, 1743, C. O. $ 918, 108; A. and R., vol. iii, pp. 69-72. 'lour., Mar. 6, 1744, p. 187. 'Jour., Jan. 4, 1746, p. 144; Ct. Recs., vol. xvii (S-i), p. 222; A. and R., vol. xiii, pp. 520-S21. 142 WILLIAM SHIRLEY— A HISTORY attitude on his part was in any degree due to a belief that the representative system was inequitable when growing set- tlements were excluded from it, does not appear/ Upon receiving the instruction upon this point Shirley wrote to the board suggesting that it be extended to cover the dividing of counties for a like purpose which he found attended by inconveniences in many respects. To this the board responded by advising that he approve no more acts for dividing counties, adding that if he regarded an ad- ditional instruction forbidding it as absolutely necessary they would recommend one for the purpose tO' the king.^ However, such an instruction does, not seem to have been needed. When a bill for dividing Suffolk county, a measure extensively agitated during Belcher's administration, came before Shirley in the spring of 1744, he stated that he could not sign it as it would repeal a part of a law for settling the bounds of the counties. He ofifered, however, tO' sign an act for removing the inconveniences aimed at in any other way.^ Shirley also remained loyal to' those royal interests which had absorbed his attention while advocate-general of the admiralty. Almost at once after his appointment he named William Bollan, a very able Englishman, and later Shirley's son-in-law, as advocate-general, and this appointment was made permanent by the admiralty.* Bollan seems to have promptly made an effort to break up illegal trade but found the attempt attended by such " dis- ^For this later episode, cf. A. and R., vol. iii, pp. 728-729, 730-731, 745. 'Board to Shirley, Aug. 9, 1744, C. O. 5 918, 129. 'Jour., June 18, 1735, p. 40; Dec. 23, 1735, p. 168; Jan. 9, 1736, p. 207; June 9, 1736, p. 36; June 14, 1738, p. 35; Mar. 22, 1744, p. 208; Ct. Recs., vol. xvi, pp. 166-167, 256. * Shirley to Admiralty, Feb. i, 1742, Oct. i, 1743, Ad. I, 3817. ESTABLISHING AN IMPERIAL POLICY 143 coveries " and difficulties that Shirley ordered him tO' re- port upon the situation to the board of trade. From the statements of both Shirley and Bollan, voluntary and elicited by queries from the board of trade, as to illegal trade in the province it appears that there was a very extensive com- merce betvifeen Massachusetts and all parts, of Europe. Stress was put by Shirley upon the Holland trade, which brought in large quantities of goods from Spain. In many cases the goods brought were prohibited from being im- ported not only into the colonies but even into England, and Spanish goods especially were taboo during the war. In ex- change for these goods, Shirley declared in 1743, vessels were fitted out in Massachusetts, loaded with provisions, manned by naturalized French refugees or persons who could pass as such, and with French passes were taken to the ports of Spain. Dutch merchants were underbidding the English for the New England broadcloth market, selling their goods through New England agents. Many Massachusetts merchants and some of the richest in the country were en- gaged in this business, and they were bold enough to justify the trade publicly, thereby creating a pubHc sentiment such that any illegal trade was now approved. He sounded a warn- ing that the British trade to the colonies and their dependence upon Great Britain would be lost if care was not soon taken. The danger was emphasized by the statement that in the preceding year the illicit-trading ships from Holland at Boston were more numerous than the ships from London. He added that these illicit traders might soon become so powerful that orders and laws from England would come too late. Shirley explained that breaches of the statute of 15 Charles II, chapter 7, were not cognizable in the admiralty court, and that in the common-law courts delays, with trials in distant counties and before hostile juries, were some of 144 WILLIAM SHIRLEY— A HISTORY the difficulties encountered. Moreover, trial by jury in such cases was trying one illicit trader by his fellows or well- wishers. Excellent facilities for smuggling existed in numerous remote harbors where goods could be landed with- out observation, and masters of vessels were adepts in perjury and in making witnesses invisible. The governor suggested as a remedy, that the court of admiralty be given jurisdiction of cases under the statute referred to above, or better, that any colonial court of admiralty have jurisdiction over any breach of any act of trade. He further suggested actions of detinue against chief offenders tOi recover the cost of the goods involved, with appeals to the king in council, by which means the cases could be won.^ In this connection it is just toi observe that extensive illegal trading at Boston was not a new condition, although the war with Spain stimulated a contraband trade with her that was not necessary lin time of peace. Whlilel Shirley, as advocate-general, wa^^ showing zeal on behalf of the king's woods, he gave a position of secondary im- portance to the prosecution of illegal traders. No evidence has been found O'f collusion with them or of neglect of duty in that regard, but he, at that time, conducted no campaign against them with the purpose of stirring up the home government as he did in the case of the woods. The ex- igencies of a time of war may have led him toi stress the issue when he did. Considering Shirley's attitude through- out his career, it is doubtful if he regarded the British commercial restrictions as they applied to New England as wholly just. On the other hand he clearly believed that ' For the situation affecting illegal trade in Massachusetts cf. Shirley to Board, Feb. 26, 1743, C. O. 5 883, Ee, 86; Bollan to Board, Feb. 28, 1743, both printed in Pub. Col. Soc. Mass., vol. vi, pp. 297-304; Board to Newcastle, May 11, 1743, C. O. S 883, Ee, 88; Shirley to Admiralty, Oct. 3, 1743, Ad. I, 3817. ESTABLISHING AN IMPERIAL POLICY 145 acts passed by Parliament regulating New England trade should be obeyed and that the New England governments should loyally subordinate the commercial interests of their people to the interests of the empire, especially in time of war. His position at this time seems to have been sub- stantially that without intervention by the home government the efficient enforcement of the acts of trade was impossible.^ In the autumn o levied as to keep the amount issued under Shirley outstanding below £30,000 sterling at all times during the intervening years. The figures given by Shirley for the emissions of bills of credit for the years indicated vary somewhat from those contained in the table appended to Davis, "Currency and Banking," loc. cit., p. 443. * For convenience the value of the issue of January, 1742, is given ia (second) new tenor although the issue was in middle tenor. l8o WILLIAM SHIRLEY— A HISTORY 'Sums specified for retirement in acts for drawing in bills of credit issued under Shirley, passed or projected before December, 1743: Second Computed New Sterling Tenor Value Retired in 1742 £21,638 : o : 3^ Voted in 1743 and largely in by Dec, 1743 23,738: 4: 9?4 Total 45,376: 5 : i Proposed taxes for 1744 and 1745 equal to those for 1742 and 1743. Total issues of paper money under .Shirley to Dec, 1743 85,000 Total retired and voted to be retired in 1742 and 1743 45,376 : 5 : i Balance of issues under Shirley out- standing after tax of 1743 was in . . . 39,623 : 14 : II £26,414 : 9 : i>^ Progress in retirement of bills estimated by Shirley: Second New Old Tenor Tenor Of those left out by Belcher : by May, 1744 £400,000 by December, 1744, an additional 50,000 by December, 1744, also the sum emitted in December, 1742 to make good the deficiency of Belcher's fund £8,000 32,000 Total 482,000 By end of 1746 all other emissions under Shirley to December, 1743 240,000 Total 722,000 The data upon which this statement is based is drawn from Shirley to Board, Dec. 23, 1743, C. 0. 5 884, Ff, 19, and a "State of the out- standing bills of credit of the province of Massachusetts Bay ex- tracted from the accounts of the several treasurers for the time being from the year, 1702, to the year, 1743," C. O. 5 884, Ff, 20. CHAPTER IX Meeting the Outbreak of War The approach of the war with France had been so clearly discerned that obvious precautions had been taken before its actual arrival. Many of the steps taken for the protection of the frontiers and the coast, to cultivate good relations with the Indians, and to secure liberty to raise necessary funds have already been recounted.^ Other measures adopted before the actual break looked to the training of new Indian interpreters to replace twO' deceased and others become aged,^ and to substituting for pensions to Indian chiefs (which had not bound the tribes living within the province to' the government), gifts of powder, shot and provisions to' the tribes.* Shirley alsd asked for a grant of authority from the legislature to act for the defense O'f the province in case war began during a recess of the general court. In reply the representatives freely granted authority (which he already had through his commission and instructions) to take necessary military steps to protect the inland frontier and coast with the as- surance that he might " safely depend " that all charges in- curred for such purposes by the advice of the council would be provided for in the next supply. The assembly added, however: " Should there be a power invested in any other than the general court to infer upon the province a large ex- pense, it might be a precedent dangerous to us, altho' we 1 Cf. supra, pp. Ii4-I3i.\ M. and R., vol. xiii, p. 253; Jour., June 3, 1743, p. 29. 'IhJd., Nov. 24, 1742, pp. 93-94; Ct. Recs., vol, xvii (3), p. 602. 181 1 82 WILLIAM SHIRLEY— A HISTORY do not imagine any immediate damage would accrue to the province by such a proceeding at this time." ^ After the existence of war was known, Shirley renewed his effort to make the lower house provide for prompt action in a military emergency arising in recess of the assembly, but without effect.^ Meanwhile Shirley held the legislature in session by four adjournments from March 22d to April 28th, before dis- solution, apparently expecting notice of the outbreak of war. On May 5th he received unofficial news of the rupture which he had anticipated. He at once sent a notice of the fact to the frontier Indian tribes in alliance with Massa- chusetts ( Penoibscots, Norridgewalksi, Pligwackets, etc.), insisted upon their obligation to side with the English and assured them of protection and friendship if faithful.* There was an early demonstration of the need for the prompt exercise of discretion by some one in defending British interests in America when the French attacked the village of New England fishermen at Canso. This episode directly affected Nova Scotia instead of Massachusetts but was indirectly a blow to the latter and tO' a less extent to all New England. The primary responsibility for what hap- pened lay with the British government, for failing properly to defend her outlying possessions and for further negli- gently permitting delay in notifying her colonies in America of the outbreak of war. This delay gave M. Duquesnel, the commander at Louisburg, ample time to prepare and despatch an expedition against Canso,* before any effectual ^Jour., Apr. 27, 1744, p. 221. 'Ibid., May 31, 1744, p. 9. 5 Ibid., p. 7 and Mar. 22 to Apr. 28, passim ; Shirley to Newcastle, May 3, 1744, C. O. 5 884, Ff, 28. 'This expedition against Canso was being prepared on May 6th, a day after the news of war reached Louisburg. Shirley to New- castle, July 7, 1744, Sh. Cor., vol. i, p. 133. MEETING THE OUTBREAK OF WAR 183 stqjs (if such were possible) could be taken in New Eng- land to save it. Canso was located on a barren island off the eastern coast of No'va Scotia, about eighteen leagues from Louisburg. It had neither fort nor artillery, and since, as reported, the barracks for the men and officers and the other houses were all of unsubstantial deal, it was incapable of defense. The inhabitants were few, and the fishing industry of which it had been a center had dwindled in consequence of the Spanish war. There were four companies in the garrison, who, it was estimated, might equal eighty men. Their only security from capture and imprisonment was the chance that the French at Louisburg might not have a sufficient stock of provisions tO' support them. Under these circum- stances, Kilby, the Massachusetts agent in England, sug- gested that as the garrison was useless at CansO' it should be at once sent to Annapolis Royal. This place was held by five companies, not over one hundred effective men, and greatly needed the reinforcement, even to- hold their ground against the French inhabitants of the region, whoi were likely to^ starve the English troops unless they succeeded in getting some of the chief Frenchmen as hostages. As there were nearly 10,000 of these French inhabitants, and they could be reinforced from Canada and Cape Breton, and as communication with those districts was easy, it •would likewise be easy for the French to hold Annapolis Rbyal if taken. The motive for taking it was strong be- cause Nova Scotia, which it partly dominated, was the only certain source of provisio-ns in America for the garrison at Louisburg.^ The suggestion that the Canso garrison be transferred 'For a contemporary sketch of Canso, Annapolis Royal and the -conditions then existing in Nova Scotia, cf. "An account of Nova Scotia " annexed to Kilby to Board, Apr. 3, 1744, C. 0. S 884, Ff, 22. 184 WILLIAM SHIRLEY— A HISTORY to Annapolis Royal was made after the declaration of war, and there was no time to carry it out before an expedition from Louisburg under Captain Duvivier pounced upon the helpless denizens of Canso on May 24, 1744, accepted the inevitable surrender of Captain Heron, his men and the in- habitants, and after burning the buildings carried their prisoners including the families oi the garrison, in all seventy or more persons, to Louisburg.^ Thus France scored the first and a bloodless victory in America. In the garrison thus put hors de combat were fourteen soldiers reported incurably lame, and five veterans who were both too crippled and tooi old to fight. This nondes- cript force was generously permitted to sign terms of capitulation under which they were tO' be imprisoned at Louisburg for a year, after which they might return to New England or Annapolis Royal.^ The same terms were extended to Lieutenant Ryal, in command of a British sloop, the Mary, and his men, who' had been captured by the French expedition with the garrison at Canso, while serv- ing upon the post assigned them the preceding summer be- tween Canso and Cape Breton to prevent trade between Nova Scotia and the latter place-* 'The expedition consisted of two vessels. 'One of these a sloop carrying ninety-four men, eight carriage guns, swivels, etc., was captured about a month later by the Massachusetts guard ship in Massachusetts Bay. Shirley to Newcastle, July 7, 1744, Sh. Cor., vol. i, p. 133. 'For the condition Ekid capture of Canso, cf. Terms of surrender to Duvivier, May 24, 1744, C. 0. S 900, 96; Heron, etc., to iShirley, June 10, 1744, C. O. S 900, 104; Shirley to Newcastle, July 7, 1744, Sh. Cor., vol. i, p. 132; Shirley to Duquesnel, July 26, 1744, C. O. 5 900, 99. •Terms of surrender to Duvivier, May 24, 1744, C. 0. 5 900, 96; Shirley to Newcastle, Sept. 22, 1744, Sh. Cor., vol. i. p. 148; Shirley to Admiralty, Sept. 22, 1744, Ad. I, 3817; Shirley to Wentworth, Nov. 10, 1744, Sh. Cor., vol. i, pp. 151-152. MEETING THE OUTBREAK OF WAR 185 A week later and still before the arrival in America of official notification of the existence of war, Shirley met the Massachusetts legislature. The one engrossing topic of his speech to the legislature was defense. To their minds it meant the defense oi New England, to- his the defense of the empire as well, and no sophistry was needed to make his arguments equally telling for both. However, the group of measures which he urged upon them applied directly tO' the defense of Massachusetts : the prompt defense oi the fron- tiers that the settlers might be encouraged to stay in their settlements as a barrier for the rest of the province ; defense specifically against the Indians near the frontiers as well as the French, including Indians supposed to be in alliance with the English as well as those clearly hostile; further appropriations to complete the works of Castle William and of other fortifications well advanced but not completed ; the increase of garrisons to an adequate size ; the provision of pay for officers and men sufficient tO' secure efficient defen- ders; the fortification of Governor's Island in Boston harbor to supplement and make effective the defenses of Castle William.^ On the same day Shirley was urging measures for the security of a portion of the frontier through the home government. On that date he wrote to Newcastle (and later to the board of trade and Lord President Harrington) regarding Fort Dummer, the chief defense of New Eng- land toward the new French stronghold of Crown Point, ^Jour., May 31, 1744, pp. 7-10. Shirley had sounding's made "of the channel and water about the islands adjacent to . . Castle William" and found " that it is necessary for the province to be at the expense of raising new batteries on an island over against the Castle to pre- vent the enemy's not only forming a camp there but also bombarding the garrison from thence where their own men would be at the same time under a cover from the great artillery of the Castle." Shirley to Newcastle, May 31, 1744, C. 0. 5 884, Ff, 28. l86 WILLIAM SHIRLEY— A HISTORY urging not that Massachusetts provide for its defense, but that she be relieved oi that burden/ Fort Dummer, he pointed out, was' cfnly three or four days, march at the farthest from Crown Point, the recently built but already very strong fortress of the French which in turn was only a few leagues by easy water coimmunications from Montreal in the heart of Canada and at the head of sea-going naviga- tion of the St. Lawrence; hence the imperative need for maintaining Fort Dummer for the protection of the whole western frontier oif New England was^ clear. The river towns of Massachusetts would be the obvious points of attack for a French or hostile Indian force which might get access to^ the Connecticut valley, although smaller settle- ments in New Hampshire would in such a case be in im- minent danger, while, should the western frontier of Massa- chusetts collapse, northwestern Connecticut would be ex- posed. The Fort Dummer episode was an incident in the general and ceaseless attempt of Massachusetts in time of war to 'After explaining that Fort Dummer and one or two garrison houses beyond it (the chief one was the fort at Number 4, now Charlestown, New Hampshire), which had been built and garrisoned by Massachusetts, had now by the settlement of the boundary been awarded to New Hampshire, he recounted that at his accession the fort was garrisoned by a Massachusetts officer and twenty men under the direction and receiving the pay of that province, and that in view of the probability of war with France, in order to preserve from burning by the Indians this most important outpost for protecting New England from raids or invasion from Canada by way of the Connecticut valley, he had secured from the assembly the maintenance of the garrison there. He then gave an account of his efforts to have the support of it assumed by New Hampshire, in which he had met delay, first to allow Governor Wentworth an opportunity to press the legislature to make the necessary provision, and then through the neglect of the legislature to do so. The legislature were thus negli- gent notwithstanding they had established a civil government over the district. MEETING THE OUTBREAK OF WAR 187 induce the colonies holding the sections of the Connecticut valley on either side of her to assume an equitable share in the defense of all, they tending to rely upon the greater re- sources and the greater need of Massachusetts to lead her to play the part oi protector to the rest of New England. Massachusetts to a large extent played the role expected of her by her weaker neighbors, but often unwillingly, and in this case Shirley pointed out both that New Hampshire should justly maintain iorts on her own territory, and that it had been difficult in the past to secure the support of Fort Dummer from' the Massachusetts assembly, who' would be averse to continuing the large expense. He pledged his urgent support of what the protection of the fron- tier required, but could not hope the assembly would con- tinue to support a fort within another province. He thought this expense would prove an obstacle in the way of needed action of the assembly for the defense of the English fort- ress at Annapolis Royal in Nova Scotia, which he would also try to secure in addition to the defense of the long land and sea frontiers of the province. In writing to the board of trade in June he asked their directions regarding Ford Dummer.^ The response was. unwontedly prompt action. On August 28th, the board of trade (they having meanwhile been consulted lipon' Shirley's letters to Newcastle and Harrington on the sub- ject) reported that New Hampshire should assume the support of Fort Dummer, and that the governor of that province be directed tO' warn the assembly that upon failing to comply, the crown would be forced to restore the fort to Massachusetts with " a proper district contnguous'thereto," and that meanwhile Shirley be instructed to maintain it 'For Shirle/s discussion of this question, cf. Shirley to Newcastle, May 31, 1744, C. O. S 884, Ff, 28; Shirley to Board, June 16, 1744, C. O. S 884, Ff, 27; Shirley to Harrington, June 20, 1744, C. 0. 5 884. Ff, 2?. 1 88 WILLIAM SHIRLEY— A HISTORY until New Hampshire acted/ This was approved by an order in council of September 6, 1744/ Shirley also urged upon the legislature at the end of May measures less directly related to the defense of Massa- chusetts. One of these, a law forbidding correspondence or trade with the enemies of England, was antagonistic toi the more immediate interests of that portion of the mer- chants concerned in illegal trade. Three days earlier ( May 28th) Shirley had issued a proclamation with the advice of the council explaining the dangers incident to supplying the enemy with provisions or ammunition, and " strictly forbidding all persons whatsoever within this province " from taking any part in trade directly or indirectly with the French colonies or territories, and directing all royal of- ficials whose duty it was to supervise trade to enforce the prohibition so far as possible.'' An act for the same pur- pose was passed in June, 1744.* Shirley suggested that Parliament pass an act of the same character applying to all the plantations, since that would be necessary unless all the colonies acted, to prevent the French from securing sup- plies from their chief storehouse for the support of their American settlements, the English colonies.^ Finally he recommended as a measure of vital interest to Massa- chusetts as well as the mother country, the provision of forces immediately needed for the defense of Annapolis Royal, to hold it against the French until reinforcements could be sent from England. 'Board to Privy Council, Aug. 28, I744> C. O. 5 918, i33- 2 C. 0. S 88s, III, Ff, 74- A copy in Ar., vol. Ixxii, fols. 698-699. 'Ar., vol. Ixxii, fols. 686-687; Shirley to Nevv'castle, June 2, 1744, Sh. Cor., vol. i, p. 126; Shirley to Board, June 16, 1744, C. O. 5 884, Ff, 27. *A. and R., vol. iii, pp. 152-153. ■' Shirley to Board, June 16, 1744, C. 0. 5 884, Ff, 27. MEETING THE OUTBREAK OF WAR 189 Upon the arrival of the unofficial report of war Shirley- had acted at once for the defense of Annapolis Royal by ordering the commander of the province ship, then at Piscat- aqua in New Hampshire, to sail instantly tO' Annapolis Royal, and to put himself there for forty-eight hours under the orders of Lieutenant-Governor Mascarene. The ap- pearance of the Massachusetts province ship was intended primarily to awe the unfriendly French inhabitants into a discreet behavior.^ In the defense of Nova Scotia and the neighboring fisher- ies against French encroachment, which, if successful, would have meant constant peril for all New England shipping, the Massachusetts merchants had a heavy stake. ^ Shirley was urgent in this policy because of the fate of Canso, of which he had just learned, and because of infor- mation from' Annapolis Royal of the very bad state of affairs there. Lieutenant-Governor Mascarene, of Nova Scotia, on May 21, 1744 (three days before the fall of CansO'), sent an appeal to' Shirley * and on June 8th, following, he for- mally appealed to the governor and assembly of Massa- chusetts for aid. However, before this action was taken, Shirley had made a personal appeal to the legislature on that behalf.* The appeal of Mascarene gave a sombre picture of a garrison weak in numbers and weaker in personnel, of ruined 1 Shirley to Newcastle, May 31, 1744, C. O. S 884, Ff, 28. 'For Shirley's recommendations of May 31, 1744, relating to trade with the enemy and the defense of Annapolis Royal, cf. extract from his message in Sh. Cor., vol. i, pp. 122-124; Jour., May 31, 1744, pp. 7-10. ' The Correspondence of the Colonial Governors of Rhode Island, 1723-1775, ed. by G. S. Kimball (Boston, 1902-1903), vol. i, pp. 265-266. ^Sh. Cor., vol. i, p. 122, note; Mascarene to Shirley, Dec. 8, 1744, T I 321 ; Representation of the President of the Council of Nova Scotia to the Governor and Assembly of Massachusetts Bay, June 8, 1744, C. 0. S 884, Ff, 44. igo WILLIAM SHIRLEY— A HISTORY fortifications, of the additional weakening of their position through the fall of Canso, and of the imminent danger of attack before aid could arrive from England. This gave much force to the request that Shirley send at once at least tviTO hundred well-armed men, properly officered and victual- led, and allow them to remain as a defense until the home government could act for that end/ The assembly, seeing the French menace creeping down the seaboard from Cape Breton toward their own territory, and realizing that the settlements in the eastern' part of Massachusetts and Maine would be the next to be exposed should Annapolis Royal fall, voted on June 12, 1744, to raise two volunteer companies of sixty men each, exclusive of officers, for the immediate relief and defense of Annapolis Royal until such time as aided from home. As Shirley, in order to secure the vote for raising the men, had intimated that the crown would pay and subsist them,^ the assembly voted a bounty of £20 old tenor for enlistment, but stipulated that the men should not be subsisted nor paid by Massachu- setts and requested Shirley tO' use his influence with the conv mander at Annapolis to secure pay and subsistence for them from the crown until they were returned home.' However, after Shirley brought the matter up again the legislature, on June 20th, voted subsistence for three months for the men raised for service in Nova Scotia as well as a bounty of £20.* At the same time, having received Mascarene's memorial of June 8th, Shirley appealed to the 'Shirley to General Court, May 31, 1744, Sh. Cor., vol. i, p. 123. 3 A. and R., vol. xiii, pp. 367-368'; lour., June 12, 1744, p. 28. *A. and R., vol. xiii, pp. 371, 373; Jour., June 19, 1744, p. 38; June 20, 1744, p. 41; Ct. Recs., vol. xvii (4), pp. 426, 429. MEETING THE OUTBREAK OF WAR 191 assembly to increase the number of men to be raised to 200, but failed to secure the grant asked. ^ In response to a request of the legislature in their vote of men for Annapolis, Shirley appealed tO' the neighboring governments with a view to their assisting in that enter- prise,' but this failed to bring any aid.* However, Shirley issued his own proclamation for men on June 13th.* The men were quickly raised and on July ist, Shirley em- barked more than seventy of them for Annapolis Royal under convoy of a province guard ship and reported six days later that others were expected tO' follow shortly. Mean- while things looked both worse and better at Annapolis. The French, as Shirley was informed, had raised a party of 500 Indians at Menis, not far from Annapolis, and were preparing to send a detachment of French with a large supply of small arms and two mortars, to join them. On the other hand, the engineer Bastide, whom Shirley had enabled to reach Annapolis safely at the outbreak of war, had been directing the effective labors of nearly 100 men in repairing the old works of the fort. Upon the whole, Shirley thought the crisis was probably past, although he did not propose to relax his efforts.^ For the time being the place as it proved was safe. Thus Shirley not only had placed his own house militarily in tolerable order, but also had counteracted the effects of the culpable negligence of the home government in respect to an important post. The principle upon which Shirley acted in succoring Annapolis Royal was very like that ex- ^Jour., June 19, 1744, p. 38. 'A. and R., vol. xiii, p. 367; Cor. Col. Govs, of R. I., vol. i, pp. 263-264. 'Conn. H. S. Colls., vol. xi, p. 180; Cor. Col. Govs, of R. I., vol. i, p. 263. ■* Ar., vol. Ixxii, fols. 690-691. ' ' Shirley to Newcastle, July 7, 1744, Sh. Cor., vol. i, p. 131. ig2 WILLIAM SHIRLEY— A HISTORY pressed in the maxim that an offensive is the best de- fense. To be sure Annapolis was on the defensive, but in holding it he was fighting the war largely beyond the borders oi Massachusetts, and keeping the coast and frontiers rel- atively safe through a very small expenditure of men and treasure. Safety, however, could be assured only by well fortified and adequately manned frontiers, and Shirley, while he aided Annapolis, was not less zealous to complete and man the defenses of the province. The need for this was obvious to the assembly as well as to himself. Shirley's splendid poise and vigorous leadership carried the assembly with him in a series of measures for the defense of the province, adopted with the promptness which the conditions demanded. During the first few months of the war, in fact, the legislature showed some signs of panic. The in- grained distrust of and antipathy for the prerogative on the part of the representatives was almost swallowed up in their desire to cooperate in doing the things needful for the safety of all. The keen rivalries between the merchants and the country party in the province also' were submerged and attention given without marked discrimination to both sea and land frontiers, whereby a serious breach of unity was avoided. Shirley, on his part, met the house halfway with unassuming dignity and candor, and through the pe- culiarly gracious and convincing style which usually charac- terized his public papers, made the necessary seem the inevit- able. The situation was still beset by perplexities. The de- fenses for the frontiers were not yet complete, and a gener- ous program for completing, equipping and manning them seemed almost if not quite beyond the power of the prov- ince. Shirley had been cramped in the matter of issuing bills of credit before the declaration of war and had already used his special liberty to allow an issue of £8,000 for ex- MEETING THE OUTBREAK OF WAR 193 traordinary war expenses. Meanwhile he had been granted no liberty to consent to larger issues to mneet the crisis which he had foreseen but of which the board of trade was oblivi- ous. Even wiilth such liberty, issues would be followed by complications, since there would be rapid depreciation of the bills if the date fixed for drawing them in was distant, and an increase of the already heavy tax burden of the people if the date fixed was near. The latter alternative seemed mandatory under Shirley's instructions. In the case of large issues there was no small danger that deprecia- tion would reduce the bills of credit to practical worthless- mess, and without them it seemed that the enemy would at the least force a large contraction of the commerce, fisheries and frontiers of the province, and perhaps conquer her and her neighbors. Either alternative involved huge future burdens for the people. The legislative action obtained by the governor was bet- ter and quicker than could have been expected from the cum- brous parliamentary procedure which it was necessary to employ in both houses upon even the most trifling matter requiring the grant of public money. The representatives, although including able men who conducted contests for popular rights with insight and skill, were unaccustomed to managing a legislative program of any complexity and lacked the mechanism for the task if one were presented. Consequently Shirley's program appears as a mosaic, every constituent part of which received individual and often undivided attention. Only a few points were ever pre- sented to the assembly at one time, and by dint of oc- casionally repeating proposals after an interval the gover- nor usually secured the essential things asked. The initia- tive lay almost wholly with him, the house infrequently- acting without waiting for suggestions. Since action by the house upon proposals made by way of reference to a ip4 WILLIAM SHIRLEY— A HISTORY committee was usually prompt, the way was cleared for the presentation of a succession of matters upon a series of days separated by short intervals — sometimes upon consecu- tive days. Five days after the official copy of the declaration of war was received the house named a committee to prepare a bill for " the better regulating and carrying on the affairs of the war/' ^ Soon the administration of the war activities of the province developed a sort of permanent war council in the guise of a joint committee of the two houses for de- fense. It was not apparently executive in functions further than in the giving of advice, but considered and reported upon practically all m'atters great and small relating to the war. It represented the response of the two houses to the invitation of the governor to offer such advice and assistance as were consistent with the nature of military affairs and the constitution of the government.^ Shirley at times asked the advice of this committee upon memorials and petitions, while matters relating to the war requiring legislation almost always received a reference to it, usually in response to a message from Shirley. In a legislative sense it may be said to have been a standing con- ference committee of the two houses upon war legislation in advance of action by them, and served greatly to expedite proceedings. The committee also served in a measure as a bond between Shirley and the representatives and doubt- less his tact in working with it and with the house hastened the fruition of many plans.* In addition to its membership ^lour., June 7, 1744, p. 22. 2 Ibid., June i, 1744, pp. lO-ii. 'The legislative system thus devised vsras rapid in action. Measures urged by the governor were often introduced in the house as bills on the day following his recommendation of them, and sometimes on the same day, having usually passed through the committee on defense meanwhile. Except in dealing with the more troublesome questions MEETING THE OUTBREAK OF WAR 195 on the important committee of defense, the house named special committees for temporary military functions, such as those to accompany the governor in inspecting fortifica- tions, and one for investigating the question of fortifying Governor's Island. Such committee action was usually in- vited by the governor, but when taken independently inter- fered with the efficiency of the war machine.^ Differences between the governor and council were unknown, and for a season bickering between the houses almost equally so. Differences of judgment between them were rapidly ironed out by compromise. To make room for the unwonted pressure of business due to the war the house, while refusing to defer the con- sideration of matters of a private nature which had been put upon the calendar for the June session to the follow- ing one,^ reduced the consideration of such matters to al minimum. Strangely enough Shirley and the house had in a general way exchanged positions since his accession upon the matter of large issues of paper money. At the outset he had em- ployed all his persuasion to check the inflation sentiment in the house, and when he succeeded in securing the accep- tance of the principles that the tax in any year should be large enough to prevent the issues oi that year from increas- ing the volume of paper in circulation, and that all paper should be called in within a brief term' of years after issue, this was accomplished. Now the governor placed the end the passage of such a bill through both houses might be expected within three or four days of its introduction. Committees dealing with questions relating to the war sat almost incessantly, including Sunday. 'The legislature was not ready to appropriate money for the forti- fication of Governor's Island until Oct. 24, 1744, when £500 was voted for two small batteries and a blockhouse. A. and R., vol. xiii,, pp. 397-398. 2 lour., June S, 1744. P- i7- 196 WILLIAM SHIRLEY— A HISTORY sought, the defense of the province, above the evils of paper money, and was obviously ready far to exceed the quantity which his instructions allowed as soon as the home govern- ment should permit such action. The house was not blind to the urgent needs of the hour, but saw most clearly the burden which would fall upon their constituents. It happened, therefore, that the house kept a prudent hand upon the purse strings. It frequently provided for forces and supplies in smaller quantities than asked (forc- ing Shirley to ask for augmentation) and delayed providing pay and subsistence for men in garrison until forced to do so to keep the works from being abandoned. In some cases, finding it impossible to secure funds from the assembly or the royal servants in America for vital purposes, Shirley ■cut the Gordian knot by executive action. His early rec- ominendation that 500 barrels of gunpowder be purchased in London ^ having been ignored, and the committee of the .general court for purchasing supplies having been unable to secure an adequate store O'f powder in the province, Shirley •ordered the provincial agent tO' purchase 200 barrels in Lon- don and urged that the house maintain the honor of the government by reimbursing the agent.^ This he found them loath to do.* Also when no funds were available in America with which to- purchase food and clothing for the garrison at Annapolis Royal, Shirley acted apparently without precedent by drawing bills without authority upon the lords of the treasury; but with the proceeds he kept the garrison efficient.* ^lour., June 4, 1744, p. 15. 'Ibid; Aug. 10, 1744, p. 65. ^Ibid., Aug. 10-17, 1744, pp. 65-73. * Ibid., Jan. 8, 1745, p. 165. The Journals of the house of representa- tives, the Court Records and the Council Records for the war period, passim, are the chief sources for the above picture of the way in which the different branches of the provincial government coalesced for >war purposes. MEETING THE OUTBREAK OF WAR 197 Shirley's policy, aside from the self-defense of Massa- chusetts and the protection of Nova Scotia, included efforts to secure the cooperation of New England and New York, for the purpose of making their united strength available against the common foe. Together they held a position parallel to the St. Lawrence and the Great Lakes, the great artery of communication for the French in Canada, constit- tuting an elongated base, any section of which mighr be the scene of a rapid concentration of French and hostile Lidians against the adjacent English. On June 2, 1744, Shirley having finally received official notification of war, asked the legislature to act to secure co- operation with other colonies, especially with New York and others '' whose inland borders may be exposed to the assaults of the enemy," and made the further suggestion that Governor Clinton of New York be asked to use his influence with the Indians allied with him (meaning the Iroquois) to maintain peace with Massachusetts-^ At the same time Shirley within three hours of their arrival sent on despatches to the other colonies to the southward (probably a like notification to them) by expresses overland, and persuaded the assembly to hire an express boat tO' deliver the packet addressed -O Nova Scotia.^ The house responded at once tO' his first request with a vote that despatches be sent tO' the governments of New York, Rhode Island, Connecticut and New Hampshire ask- mg aid in protecting the frontiers for the time being.^ This was followed on June 4th by the election of five com- missioners to treat with the governor of New York and representatives of the other neighboring governments for their m.utual safety and defense or annoying the enemy, ^Jour., June 2, 1744, p. 12. 'Shirley to Newcastle, June 2, 1744, Sh. Cor., vol. i, p. 126. *Joitr., June 2, 1744, p. 14; Ct. Recs., vol. xvii (4), p. 394. igg WILLIAM SHIRLEY— A HISTORY and to make treaties with Indian tribes.^ These commis- sioners were " fully authorized to treat with said govern- ments (or commissioners chosen by them respectively) either separately or conjunctively at such times and places as they shall judge best. . . ." ^ Shirley sent prompt notice of the calling of the conference, which it was suggested should be held at Albany in New York, to the governors interested. New York was the logical meeting place, that colony containing the most ex- posed highway for invasion between the English colonies and Canada and also the home of the Iroquois, the chief ^Jour., June 4, 1744, p. 15; Ct. Recs., vol. xvii (4), pp. 393-394. The commissioners were John Stoddard, the veteran commander on the vf astern frontier, the chief of the " lords of the valley " as the military leaders of the Connecticut valley were called, Jacob Wendell, Thomas Berry, John Choate and Thomas Hutchinson, (four., June 4, 1744, p. 16.) Stoddard was a power in the province in time of war, known and respected by the Indians, and a man of great ability, courage and independence of mind. In anticipation of the outbreak of war he had written Shirley about conditions upon the western frontier and suggested a plan for carrying on the war. This Shirley strongly approved and informed him that he should govern himself very much by it. At the same time he assured him that he would take care of Stoddard's own interest, which not improbably means that the governor suggested his heading the commission to confer with the other governments. Upon receiving the English declaration of war the governor wrote him of its receipt without waiting to have copies of it made that he might notify the frontier towns and settle- ments and make dispositions against surprise and for learning the movements of the enemy accordingly. (Shirley to Stoddard, June 2, 1744, Sh. Cor., vol. i, pp. 127-128.) For an interesting story of the deference shown to this imperious chieftain of the west by Shirley, cf. Dwight, Travels in New England and New York (New Haven, 1821-1822), vol. i, p. 332. 'lour., June 7, 1744 p. 21. Their commission named Albany or elsewhere in Xew York as the place and June 12th or as soon after as possible as the time for their conference. 'Commission to John Stod- dard, etc., June 8, 1744, Sh. Cor., vol. i, pp. 129-130; Conn. H. S. Colls., vol. xi, pp. 174-176. MEETING THE OUTBREAK OF WAR 199 Indian allies of the English, with whom New York was tO' hold a conference on the coming June I2th.^ New York was, of course, pleased with the arrangement, and Connecticut sent commissioners, but the other New England colonies showed no interest.' The conference with the Indians at Albany was fairly successful, resulting not merely in a renewal of pledges of friendship between the Iroquois and Massachusetts,' but ^Ibid. ^ Rhode Island was covered by her neighbors, and New Hampshire was not pleased at the prospect of taking over Fort Dummer and other frontier posts. For action upon the matter by the New England ■colonies, cf. Law to iShirley, June 19, 1744, Sh. Cor., vol. i, p. 127, note, and Conn. H. S. Colls., vol. xi, pp. 191-192 ; Willard to Greene, June 5, 1744, and Greene to Shirley, June 8, 1744, Cor. Col. Govs, of R. I., vol. i, pp. 2S9, 262; N. H. Pr. Ps., Message of House to Governor, July 3, 1744, vol. V, p. 237. 3 C/. Conn. H. S. Colls., vol. xi, pp. 185-189, 193-194, 195-197; Jour., June 29, 1744, p. 53; New York Historical Society Collections, Publication Fund, vol. ii, pp. 511, 515-522, vol. iii, pp. 129, 131, 135, 137. 138, 140; Wraxall, An abridgement of the Indian Affairs, con- tained in four folio volumes, transacted in the colony of New York, from the year 1678 to the year 1751, ed. by C. H. Mcllwain (Cambridge, 1915), Harvard Historical Studies, vol. xxi, p. 235. Massachusetts had earher sent commissioners to treat with the Six Nations in times of stress. This occurred in 1694, while Indian raids were taking place within and near her borders. In 1708, during Queen Anne's war, the Iroquois sachems proposed that a " fixt place should be appointed for the brethren of New England, Maryland, and Virginia to meet the Indians as occasion may offer, and that they "had pitched upon Albany as the proper place." This, however, was not in accord with the policy of the New York government, and in particular with that of the Indian commissioners at Albany, in keep- ing negotiations with the Six Nations as exclusively as the exigencies of intercolonial relations would permit in their own hands. As an illustration of this policy the Albany commissioners addressed the Iroquois on behalf of the other governments in 1719. In 1723 during Lovewell's war the strong interest of the Massa- chusetts government in the attitude of the Iroquois led them to seek A conference between their commissioners and the sachems of the 200 WILLIAM SHIRLEY— A HISTORY also- in a visit of two Mohawk chiefs representing the Iroquois confederacy tO' Massachusetts. These visitors Shirley persuaded to go with gentlemen acting for the prov- ince to visit each of the Indian tribes upon its eastern frontiers, and to insist that those tribes preserve a strict neutrality between the French and English during the war, upon pain of having the Mohawks join the English against them. The border Indians appeared terrified by this threat and promised " to lay their commands " upon the Cape Sable and St. John's Indians, who had lately engaged in hostilities in Nova Scotia, to desist from them. Further, on August loth, new evidence of the awe in which the Indians then held the Massachusetts government appeared with the arrival in Boston of " a chief sagamore and coun- sellor, from the Cagnawagha Indians near Canada, com- monly called the French Mohawks, with a belt of wampum from his tribe for the government of this province, in order to assure the government that the Cagnawagha In- dians had made an agreement with the Six Nations to ob- serve an exact neutrality between the French and English, and had declared to the governor of Canada, that they would not take up the hatchet on the side of the French as formerly,, and to make a treaty of peace with this government." The fruits of Shirley's vigorous policy had already ap- peared in the case of one of the eastern tribes named Pig- wackets, who had come to Boston and " put themselves and their wives, and children under his majesty's protection within this government; the men ofifering themselves to be employed in his majesty's service," something unheard of, Shirley said, since the French had " practiced upon the Indians." confederacy, and this occurred apparently without other participants. This initiated negotiations of some length at Albany and Boston resulting in neutrality of the Six Nations. For the above incidents, cf. ibid., pp. 25, 27, 62, I2S, 145-149, passim. MEETING THE OUTBREAK OF WAR 201 The governor saw in the situation a fair prospect of a general neutrality of the Indians, which would be not only a novelty but a great disappointment to the French who were reputed to have expected all the border tribes, even the Mohawks, to join themi. Since the power of the French in Canada against the English settlements always consisted largely in their ability to stir up the Indians against them, he regarded a neutrality as a great point gained. Yet he foresaw that this was likely to be a tem'porary state, es- pecially in the case of the eastern Indians, who were too weak, and too much under the influence of French mis- sionaries to be likely to remain firm in such a policy.^ Shirley later reported that some of the Pigwackets had been employed at Annapolis Ro)ral and others im the eastern part of the province and had behaved pretty well.^ ' For iShirley's dealings with the tribes between his frontiers and the French, through the Mohawks and otherwise, cf. Shirley to Board, Aug. 10, 1744, Sh. Cor., vol. i, pp. 138-140; Jour., July 18, 1744 p. S7- 'Ibid., Nov. 29, 1744, p. no. CHAPTER X Measures for Defense — Annapolis Shirley's teamwork with the legislature made effective measures for the protection of the frontiers possible; his Indian policy reduced their necessary scope. Vigor, how- ever, characterized the early measures taken. A vote was passed by the assembly on June 2d, to raise 500 men for protection of the frontiers and to increase all the garrisons. The following day Shirley sent orders to the colonels of the militia regiments stationed upon the fron- tiers to impress or enlist the men thus ordered and to post them, the whole operation requiring less than a week. A few days later these forces were augmented by 500 more men.^ Shortly afterward it was also voted to erect forti- fications between Colrain upon the western frontiers and the Dutch settlements.^ Among Shirley's early recommendations to the assembly was that they provide a guard to protect mast trees for the use of the navy, which led tO' a vote of the house requesting the captain-general to detail men to service for the protec- tion of the mast cutters.* Shirley also gave considerable emphasis to sea power in his plans for the war. The province had been modest in its naval establishment, usually limiting it to a snow, named ^Jour., June 2, 1744. p. 14 June 13, 1744, p. 30; Ct. Recs., vol. xvii (4), p. 412; Shirley to Board, Aug. 10, 1744, Sh. Cor., vol. i, p. 138. 'Jour., June 14, 1744, p. 32; Ct. Recs., vol. xvii (4), p. 413; A. and R., vol. xiii, p. 368. 'Jour., June 8, 1744, p. 24; June 14, 1744, p. 32. 2Q2 MEASURES FOR DEFENSE— ANNAPOLIS 203 the Prince of Orange. This served to guard its fairly ex- tensive coast in the absence of British warships, which were not usually stationed there. Shirley's proposals included measures to induce enlistments in the province snow, to ■encourage privateering by vessels from Massachusetts and also from other English colonies, and to' provide one or more guard ships to protect the fishery.^ The two houses voted one guard ship, carrying eighty men and six guns, to keep the fishery in operation, advising the governor to impress guns and stores in private hands to equip the sloop Orphan, which had already been impressed. This advice he in- stantly followed. Later the houses made further provision for guarding the coast. They also passed a law to en- courage privateering against the French.^ Before fall there were in the provincial service a snow, a brigantine and a sloop serving as guard ships. These, with eight or nine privateers fitted out at Boston, had taken by September 22d more than forty French vessels, besides greatly disturbing the French fishery. The fishery was attacked in part by breaking up some of their small settle- ments and " burning their works and houses as the enemy did at Canso, which kind of hostility there I perceive they now think wrong, and repent of setting the example." Among the French ships taken was at least one store ship for Canada and three or four provision ships bound for Louisburg.^ Shirley secured in June, 1744, acts " for levying sol- diers " and " to prevent soldiers and seamen in his majesty's service being arrested for debt," which prescribed the con- '/fcirf., June 8, 1744, p. 23; June 9, 1744, P- 25. 'Ibid., June 12, 1744, p. 29, June 18, 1744, p. 37; A. and R., vol. iii, pp. 143-144; Shirley to Newcastle, July 7, 1744, Sh. Cor., vol. i, pp. 132-133. 'Shirley to Newcastle, Sept. 22, 1744, Sh. Cor., vol. i, p. 148; Shirley to Admiralty, Sept. 22, 1744, Ad. I, 3817. 504 WILLIAM SHIRLEY— A HISTORY ditions under which troops were to be raised for service and protected in it from arrest.^ By this time, the first alarm having subsided, the house became critical of expenditure, and during the summer voted subsistence for the forces upon the frontiers for only a month or two at a time and limited to 200 the number of men for the western frontier to be supplied in the later period.^ Although such a policy was apparently not neces- sary to secure frequent meetings of the house, it did in fact make them inevitable. This policy of retrenchment also left the frontiers scantily manned. On October loth, the governor, in urging the renewal of the pay and subsistence of the men on the frontiers, pointed out that the Indians were restless, that they were being in- cited by the French, and that, although the relief of An- napolis Royal had probably saved the frontiers from a general attack, there was a plot on foot to secure the revolt of Nova Scotia from' England. The reply of the house was to reduce the forces upon the western frontier to sixty men to serve as scouts for four months, and to provide for re- taining only 200 men in the forts to the eastward, till November 19th. Shirley, however, was still urbane. On November 29th, he proposed in general to substitute marching forces upon the frontiers (especially adapted to the winter season) as a means of saving expense and securing earlier news of enemy movements. At the same time he suggested that pay- ing the Penobscot warriors, without asking service of them, w^ould cost hardly more than one-fourth as much as guarding against breaches) of their present neutrality, would en- courage the frontier settlers to hold their ground, which M. and R., vol. iii, pp. 144-147. 'Jour., June 29, 1744, p. 54; July 19, 1744, p. 59; Aug. 16, 1744, p. 71; A. and R., vol. xiii, pp. 378, 379, 383. MEASURES FOR DEFENSE— ANNAPOLIS 205 some were already failing to do, and would at the same time discourage the French and their allied Indians from attacks. He added that he had demanded of the Penob- scots and neighboring tribes their quota of men to serve against the Cape Sable and St. John's Indians/ and ad- vised that, in case they refused a firmi friendship, hostile measures be employed " to '"educe this handful of men to proper terms." ^ A warning sent to Shirley by the New York Indian com- missioners, apparently in the latter half of 1744, stated "that the influence of the French is so strong over the Indians living in and about Canada that they [the com- missioners] are of opinion the French will prevail on those Indians to break the neutrality they agreed to with regard to the British colonies . . . ."' This shows that the policy of keeping those Indians neutral was, as Shirley had ex- pected, proving short-lived. Even as the governor ex- plained his policy tO' the house, commissioners named by him were attempting to conduct a conference with the eastern tribes at St. George's,* but with indifferent success.' At the same time the governor reported that he had dis- charged the vessels and crews taken into the provincial ser- ' Shirley had explained to the assembly in October at their request that the participation by these tribes in attacks upon Annapolis Royal and the kiUing of some Massachusetts men had forced him to declare war upon them. To make the warfare effectual and a lesson to other tribes be urged offering a bounty for scalps and prisoners taken from them. This, after some hesitation, was done. Declaration of war against the Cape Sable's and St. John's Indians (broadside), Oct. 19, 1744, E, 10, 102, Boston PubHc Library; lour., Oct. 19, 1744, p. 98; Oct. 22, 1744, p. 99; Oct. 25, 1744, pp. 106-107; A, and R., vol. xiii, p. 399. ^Ibid., Nov. 29, 1744, p. III. 'Wraxall, op. cit., p. 237. *Jour., Dec. 11, 1744, p. 129. 'Declaration by Pepperrell for Commissioners, Nov. 29, 1744 and Commissioners to Bradbury, Dec. i, 1744, Ar., vol. xxxi, fols. 516-517. 2o6 WILLIAM SHIRLEY— A HISTORY vice because of the war crisis, as there were nO' funds for continuing them/ A financial dilemma was at hand, and Shirley took it up with the two houses. More funds, he pointed out, were needed for the treasury, and he could not consent tO' more issues o^f paper money unless a tax were laid that year to keep the sum outstanding within the limits set by his instructions. After recounting the ameliorating alterations made under his administration in the regulations by the home government for the issue of bills of credit, in- cluding the remitting of the suspending clause and freedom tO' raise extra sums for fortifications, he added : " nor have my best endeavors been wanting tO' prevent the present diffi- culty by making frequent applications tO' the offices of state for further inlargement oi my liberty to issue bills during the continuance of the present war with France." These applications, however, had not received a reply. He had done his best for the province in the matter. He then suggested that the house was able by present taxation, to ease the situation in the future. The burden, he estimated, if indebtedness continued increasing on the existing scale, would at the end of five years equal £i 15,000,, and at the end of ten years would crush the province. He further pointed out that in the last French war the tax: had been heavier per capita than so- far in this one.^ This suggestion of Shirley was too- strong doctrine for the legislators who doubtless were greatly harassed by their constituents. Their evident disgust at the situation soon appeared. On December 5th, they voted to name a committee " to consider of some proper method for the ^Jour., Nov. 29, 1744, p. 113. The general court thereupon voted after a short delay to support until further notice upon the provincial snow, the only public vessel remaining in service, a complement of six men only, including officers. A. and R., vol. xiii, p. 412. 2 Jour., Nov. 29, 1744, p. III. MEASURES FOR DEFENSE— ANNAPOLIS 207 payment of the soldiers in the service of the province." This committee was apparently directed tO' take into question " the garrisons necessary to be continued in the sei-vice of the province and the exposed settlements in the eastern parts of the province." It reported in the afternoon of the same day that 200 men " be forthwith dismissed," and that 100 men be distributed among various posts in stated propor- tions and with specified duties, while 33 men apportioned among the eastern garrisons were tO' " be dismissed." The house upon the samie day " Read and Ordered, that the above report be accepted, and that the committee appointed to prepare a bill for establishing the wages, ... of sundry persons .... in the service of the province, be directed to wait upon his excellency the captain general, and ac- quaint him with the resolution of the house upon this affair, and desire him to give his orders accordingly." ^ Shirley replied to this message at the end of three days expressing his regret " that you have entirely mistaken your province in this affair." After admitting that they and the council had the function of raising money for the support of troops he added : but as to the part of the militia out of which they are to be drawn, the posting of those soldiers when raised, and the duty upon which they are to be employed, the determination of it appertains only to the captain-general, who by the royal char- ter of this province, as well as by His Majesty's commission, has the sole government of the militia; and I believe this in- stance of intrenching upon that power (take it in all in [sic\ its circumstances) is new and without precedent in this prov- ince, since His Majesty had the appointment of a governor over it. He deprecated any breach "of that mutual confidence ^lUd., Dec. 5, 1744, P- 119- 2o8 WILLIAM SHIRLEY— A HISTORY which ought always to subsist between you and me," which he would do all that was reasonable to maintain. After further aj:ialysis of the report he expressed a hope that the house would " be sensible of your mistake." Continuing he requested that they consider further the wisdom of withdrawing thirty-three men from the eastern garrisons, which he believed would endanger the province. Pema- quid, he observed, was less effectively defended than be- fore the war with France, and weakening the other forts would invite Indian incursions. The house promptly retreated from its position and voted tO' " desire " Shirley to raise lOO men for the defense of the eastern frontiers, " if his excellency shall think proper," and to be apportioned " in such division as His Excellency shall direct." ^ Thus the way was prepared for hearty cooperation in the future. Certainly the assumption of the right to direction of military affairs by the house was in part one of the fruits of Shirley's earlier forbearance. He did not make an issue when the house named committees to regulate the expendi- ture of public money for military purposes or voted funds for the support of troops in such a form as to specify the number who were to receive pay. On the other hand Bel- cher by following the contrary course had found it im- possible for a season to secure appropriations for public pur- poses. As a means to securing the cooperation of the house in all affairs of government a man of tact and force would find Shirley's method immeasurably better, while a governor not possessed of those qualities would be un- able by any device to get effective action without surrender to the assembly. 'For Shirley's reply and the subsequent action of the house, cf. Jour., Dec. 8, 1744, p. 124. For a discussion of earlier instances of the assumption of like control of military affairs, cf. Spencer, op. cit., pp. 120- 121. MEASURES FOR DEFENSE— ANNAPOLIS 209 Meanwhile, matters outside the province were claiming no little attention. The captives taken at Canso had been at Louisburg little more than a month, before a flag of truce and a schooner from the commander there appeared at Boston bringing women and children, fourteen " lame in- curable soldiers of the Canso companies," five able-bodied prisoners who- had worked their way as able seamen, and Ensign Bradstreet (who^ had alsoi been at Canso) as the bearer of a letter from M. Duquesnel, proposing an ex- change of prisoners. Thereby the French were relieved of many moutns to feed and the English received few men capable of bearing arms.^ Provisions were short at Louisburg and the prisoners were soon suffering privations, as a consequence of which Bradstreet was made an intercessor with Shirley for the officers and their families,^ and also for the common sol- diers who had been taken at CansO', that they might be furnished with provisions necessary to keep them alive.* Shirley was very cautious about sending provisions for fear they would be used by the French, but finally sent one- third toi one-half of what was requested for the officers, re- fusing altogether to send any to- the men.* Duquesnel was desirous o the French, the con- sequent damage to them from losing it, and the correspond- ing gain that would come to England from its capture/ its strategic value during the war to French and English as a base for naval and military operations, the relative ease with which it might be captured, and a plan, prepared in some detail, for its capture. This plan proposed an attempt upon the same lines as those adopted for the Walker ex- pedition against Canada, in 171 1. It would have brought before Louisburg by the middle of April, 1745, a naval force consisting of ships of the line from) England, which should be sent in 1744 as station ships to help protect Virginia, Maryland, New York, Massachusetts and Canso, and five twenty-gun ships, the regular station ships off the above points in time of peace. In addition there would have been a military force of 2,000 regular troops from England and an equal number to- be raised by apportionment from among the colonies as far south as and including Virginia. Un- der ithis plan 1,000 men, or one-half of the American troops, would have been raised in Massachusetts. The army was to have a full siege equipment. Both fleet and army, of course, would have commanders named at home.^ Aucbmuty has sometimes been given credit for plan- ning the Louisburg expedition of 1745. The expedition which took place, however, had little relationship in origin, composition, equipment, or command, to the one proposed 'He estimated that the increased English fishing would result in the purchase in the plantations of English manufactured goods worth £2,000,000 sterling per annum from its proceeds. English possession oi Louisburg would also embarrass if not cut off communication with Canada, and lead to the absorption of the fur trade by the English, who would have the only goods available for the Indians during the war and could sell better and cheaper goods in time of peace. 'Auchmuty, op. cit., p. 6. LOUISBURG— ORGANIZING A COUP 229 by him.^ It is not at all unlikely, however, that his pro- posals made some impression upon the ministry in drawing their attention to the need for preventing the French from using their Cape Breton base effectively against the Eng- lish, and to some extent influenced the home government to support the attempt against Louisburg. Nevertheless the intention of the home government at the beginning of 1745 was to fight another essentially defensive campaign during that year in America." Just how the project which was executed for the capture of Louisburg germinated, who first visualized it as it took place, how far the man who made it a reality also con- eeived it, have been moot questions. In comment upon the numerous contradictory claims to prior and exclusive re- sponsibility for the origination of it, it may be said that there is no evidence to show that the expedition sprang full- armed from the brow of any IMars. Shirley's part in it most clearly appears by following his footsteps as he struggled to prevent the power which had its seat there from engulfing New England and the rest of the English colonies. To his mind the control of Louisburg was necessary, when possible, as a matter of defense, — to remove the menace to Nova Scotia and New England, to 'The statement of the General Evening Post of London after the capture of Louisburg (quoted by Wood, The Logs of the Conquest of Canada [Toronto, 1909], p. 59) that "The whole plan of the ex- pedition was laid, or at least concerted, in New England . . ." shows that it was generally understood at home at the time that plans presented to the ministry by persons in England could have had but a very indirect share in producing the expedition. 'Anything short of the taking of Louisburg would be essentially defensive, and there is no indication that this was seriously con- templated. Discretion allowing Commodore Warren to attack if con- ditions were favorable was aside from the announced primary purpose of his operations, which was the defense of Nova Scotia and other British interests. Cf. Newcastle to Shirley, Jan. 3, 1745, Sh. Cor., vol. i, pp. 155-156- 230 WILLIAM SHIRLEY— A HISTORY carry the frontier back to where it was before 1713. This achieved, the war would become one between the English ribbon of colonies along the seaboard and the old Canada fringing the St. Lawrence and the Great Lakes, with a tempting opportunity for Britain's might to tip the scales. All through the efforts to save Annapolis Royal, as puny in proportions as the resources which provided them, but timely, unrelaxing, and finally successful, Louisburg was always in the background. Shirley did not appear in the council chamber to deliver upon all occasions the cumulative dictuimi " Ceterum censeo esse delendam " Louisburg. Had he done so> it is not likely that Louisburg would have fallen. Shirley was not a propagandist through popular appeal, as those are who rely upon others to produce measures for realizing their aspirations. Ordinarily his appeal was for the support of a concrete program and frequently one al- ready under way, rather than a resort to a priori reasoning. It is clear that the plan for taking Louisburg was grad- ually evolved in Shirley's mind. It requires little imagina- tion to suppose that at the outbreak of war with France he regarded the taking of it as the first important step' of an aggressive war in America. It requires even less imagina- tion to infer that he had too much information and tooi sound a judgment to risk his reputation for sanity with the British ministry or the Massachusetts legislature by proi- posing the conquest of Louisburg to either in the then ex- isting state of affairs. Yet both apparently must take part in any successful attempt; for Massachusetts could not do it alone and England would not attempt it without colonial support, which would naturally come chiefly from New England. We shall see how the Louisburg four de force grew upon him. In the middle of June, while largely employed in res- cuing Annapolis Royal, Shirley wrote to the board of trade LO UISB URG— ORGANIZING A COUP 23 1 upon the importance of preventing provisions from reach- ing any of the French colonies, and particularly Louisburg, during the existing war. The soundness of this suggestion was promptly confirmed.^ On the following July 4th, there arrived in Boston a company of prisoners from Louisburg and a messenger from those remaining there appealing for food. It was doubtless from these new arrivals that Shirley secured the information which he wrote to New- castle three days later that although the people of Louis- burg had then plenty of bread and fish, they were in great want of all other provisions and would soon be in distress for lack of bread, 00 account of the numbers of people who resorted to'that port from) adjacent regions.^ The supplies sent the prisoners by Shirley in response to their appeal were scanty. In keeping the supply O'f pro- visions for the prisomers at Louisburg at a minimum he was seeking two ends, to expedite the exchange of prisoners (which the French would be the more ready to arrange on favorable terms when their support was a problem) and to reduce the garrison itself to straits.^ Regarding the same problem from^ another angle, Shirley considered the fall of Canso not so- much as a loss to the English as a benefit tO' the French in Louisburg from their increased fishery, and from the free access now theirs to the grain and livestock of Nova Scotia.* Meanwhile the situation at Louisburg had developed un- suspected possibilities. For three months in spite of a 1 Shirley to Board, June 16, 1744, C. 0. 5 884, Ff, 27. 2 iShirley to {Newcastle, July 7, 1744, Sh. Cor., vol. i, p. 133 ; Heron, etc., to Shirley, June 10, 1744, C. O. S SKX), 104; Heron, etc., to Bradstreet, June 10, 1744, C. O. S 900, 105. 'Shirley to Board, July 25, 1744, Sh. Cor., vol. i, p. 136; Shirley to Newcastle, Sept. 22, 1744, ibid., p. 147; Heron, etc., to Shirley, and accompanying data, C. O. 5 884, Ff, 43. * Shirley to Board, July *S, 1744, Sh. Cor., vol. i, p. 137. 232 WILLIAM SHIRLEY— A HISTORY shortage of provisions the commander, Duquesnel, refused to exchange prisoners. His chief reason was probably his unwillingness to allow information of the situation at Louis- burg to reach the enemy. Finally he seems to have been forced to act partly to relieve himself of the burden of feeding so many unproductive persons. Hence on Sep- tember 2 1 St, a large detachment of prisoners from Louis- burg arrived at Boston and at once Shirley hastened to re- port to the government at home the developments, expected and unexpected, at Louisburg. The expected condition was that they were "in grea;t want of provisions" (a con- dition to which he had contributed so far as possible by greatly interfering with their fishery),^ despite the fact that their capture of Canso and the consequent opening of a route to Nova Scotia had, by allowing them to secure thence 700 head of cattle and 2,000 sheep, apparently prevented their starving during the summer just past.^ The unex- pected condition at Louisburg, of which Shirley seems to have been much surprised to learn, was the presence there of a considerable fleet including six East India mer- chantmen which would normally have gone directly to France, but to escape in time of war, had been directed from the African coast to Louisburg as a safe refuge until conditions were favorable for slipping across the Atlantic home.^ •iShirley to Newcastle, Sept. 22, 1744, ibid., pp. 146, 148; Shirley to Newcastle, Dec. 8, 1744, C. O. 5 goo, 138. 'Ryal and Bradstreet to Shirley, Sept. 21, 1744, C. O. 5 900, 120. 'Shirley received an account of this fleet and forecasts of its plans from several persons who had just returned from Louisburg. The most informing and as Shirley believed most reliable account was by Lieutenant Ryal of the British warship Kinsale, and Ensign Brad- street, both of whom had been taken at 'Canso. By their statement supplemented by others it appeared that the fleet at Louisburg had the equipment of a formidable squadron. The six East Indiamen came LOUISBURG— ORGANIZING A COUP 233 The presence of this fleet at Louisburg, probably for the warm weather only but likely to be followed by similar visitations in succeeding years, completely altered the as- pect of the war in America. The naval strength O'f the French at and near Louisburg had undoubtedly been greater at all times during 1744 than that at the disposal of Massa- chusetts, but through dispersion and lack of ability to fore- cast Shirley's action had not been effective to prevent free communication between Massachusetts and Nova Scotia, or destructive forays in the vicinity o-f Louisburg. Had the cutting off of Annapolis been attempted in the earlier months, the little Massachusetts squadron would have been strong enough tO' try conclusions with the enemy. But with the coming of large warships to Louisburg, it was clear that they dominated the coast O'f the continent. From that time not only communication with Nova Scotia but the English hold upon Annapolis were continued only by the sufferance of the French at Louisburg. Up tO' this time the resources of Massachusetts had beent barely sufficient with thirty-two guns each but two of them had since been supphed with a total of fifty-four guns each. Another East India ship had also arrived from France with fifty-four guns. In addition there were at Louisburg warships in the service of France including a sixty-six- gun ship, a fifty- four-gun ship newly built in Canada and partly fitted out at Louisburg, and a twenty-four-gun ship, not counting a thirty- gun ship then at iCanada to return to Louisburg for the winter. There were also at Louisburg two small provision ships from France and three vessels carrying twenty-eight, twenty and twenty guns re- spectively, loading with furs and fish. Finally there were four priva- teers operating from that port. Neglecting the last, there were five heavily armed ships and eight of less strength then there, and a ninth moderately armed ship expected later. iRyal and Bradstreet to Shirley, Sept. 21, 1744, C. O. S 900, 120; Mason to Shirley, Sept. 20, 1744, C. 0. 5 900, 119; Richards, Nealson and De Joncourt to Shirley, Sept. 20, 1744, C. O. S 900, 124, pubUshed in Cor. Col. Govs, of R. I., vol. i, pp. 271-272; Declaration of Montgomerie and Trimble, Sept. 22, 1744, C. 0. S 900, 122. 234 WILLIAM SHIRLEY— A HISTORY to meet the situation. With the assembling of the French war dogs of the sea they became clearly inadequate. It appeared evident that Shirley's success in saving Annapolis had been partly due to the preoccupation of the French in other things, particularly in equipping, manning and des- patching the valuable East Indiamen to France under ade- quate convoy. Shirley realized also' that a force which could bottle up Annapolis would be equally potent in bottling up Boston. In fact he declared in November that one French forty-gun ship could now block up Massachusetts by cruising between Cape Cod and Cape Ann.'^ Conversely a similar English ship stationed at Canso, he said, would have kept that im- portant fishing station for the English, been in position to watch ships going to Cape Breton and shut off food supplies for the latter from Nova Scotia. Such a ship and a brigan- tine from Louisburg failed to take Annapolis in October only because Indian rangers from Massachusetts had in the nick of time rendered it impracticable for Duvivier's land forces to cooperate. Shirley, at once upon learning of the presence of the East India ships at Louisburg, appealed to Warren, commanding the English squadron at New York, to visit Annapolis "for its countenance ; " but Warren said he would not be fit for sea until fall.^ A month later, just after the visitation of Annapolis by sea from Louisburg, Mascarene appealed to Warren in a letter sent through Shirley's hands, a copy of which the latter sent home, pointing out the need for visits from a man-of-war to Annapolis, even if it were not to be stationed there, partly because all the supplies for the gar- rison then came from Massachusetts and a privateer off the 'Shirley to Admiralty, Nov. 14, 1744, ^d. I, 3817. 'Ibid. LOUISBURG— ORGANIZING A COUP 235 •coast could cut them off/ Nothing, however, served as sufficient inducement to Warren to cruise during that season in the Louisburg area. A visit from him would doubtless have been of service to the garrison at Annapolis. He could not, however, have hoped to measure strength with the squadron at Louisburg. Shirley had relied largely upon the resources of Massa- chusetts not from choice but necessity ; the same compulsion now turned his attention to means of bringing British naval power to bear upon the American war and particularly upon the core of it at Louisburg. At once upon hearing of the presence of the French fleet there and the supposed purpose to sail thence for France in late October or the middle of November, he sent notice of the facts to Newcastle and the admiralty by six different vessels. He hoped that an English fleet might be able tO' intercept and capture the Frenchm'en. To increase the likelihood of English success in this he held the French packet boats sent with a flag of truce for exchange of prisoners " as long as I decently could," that is, till the beginning oi November, on suspicion that the French prisoners would be used for these ships. ^ At the same time he summarized the situation for the ad- miralty : an English ship was needed that fall to' thwart the French in Nova Scotia; the officers at Annapolis believed that place would be attacked early in the spring ; the French at Louisburg had all the year been apprehensive of an attack by an English expedition and were in great want of provisions ; several storeships for Louisburg and Canada and many fishing and other craft had been taken by the New England vessels.^ For further information he rec- 'Mascarene to Shirley, Oct. 22, 1744, C. O. S 900, 143. 'Shirley to Newcastle, Sept. 22, 1744, Sh. Cor., vol. i, pp. 145-148; Shirley to Admiralty, Sept. 22, 1744, Ad. I, 3817; Shirley to Newcastle, Dec. 8, 1744, C. O. 5 goo, 138. 'The very modest statement made by Shirley here is supplemented 236 WILLIAM SHIRLEY— A HISTORY ommended the enclosed statements of Lieutenant Ryal and Ensign Bradstreet/ A few weeks later, on November loth, Shirley had formed hopes that Lieutenant Ryal, who was soo« to sail for England, " will be of considerable ser- vice to our part of the world, with the lords of admiralty and other parts of the ministry, from his particular know- ledge of Louisburg, and of its harbor, and of the great con- sequences of the acquisition of Cape Breton and the keeping of Cansoand Annapolis to his majesty's northern colonies." ^ At the same time Shirley sent tO' Newcastle " an accurate plan of the harbor of Louisburg at Cape Breton taken by one Captain Harrison while a prisoner there as also a good plan of the island of Cape Breton and gut of Canso." He added : " For the explanation of both which Lieutenant Ryal, who .... is well acquainted both with the strength and weakness oi all the fortifications there, as well on the land side as to the seaward, and goes home in this ship, may be useful if consulted upon it." '^ by a Massachusetts man who had been a prisoner at Louisburg. He recounts the exploits of Capt. Rouse, the commander of the little Massachusetts squadron consisting at the time of a fourteen-gun ship with 100 men and another of nearly the same istrength. With them Rouse, in August, 1744, made a descent upon Frshot, Cape Breton, and with the loss of but eighteen men, defeated and captured five vessels, carrying 450 men, including two eighteen-gun ships, and others carrying sixteen, fourteen and twelve guns, respectively. In addition he took a sixteen-gun ship at iSt. Julian's, ten ships and 306 men on the banks, retook a British ship which had been made a prize, burnt all the French houses and stores of seven different harbors, with four vessels and upwards of 800 fishing shallops, and all within a month. (Little, The State of Trade in the Northern Colonies considered; with an account of their produce, and a particular description of Nova Scotia [London, 1748], p. 79, note.) To realize the full import of this achievement it should be said that although the fact was not known to Rouse it was taking place while large French men-of-war were in the harbor of Louisburg only a few miles away. ' Shirley to Admiralty, Sept. 22, 1744, Ad. I, 3817. 'Shirley to Wentworth, Nov. 10, 1744, Sh. Cor., vol. i, p. 152. • Shirley to Newcastle, Nov. 9, 1744. C. 0. S 900, 135. LOUISBURG— ORGANIZING A COUP 237 It is therefore dear that Shirley had hopes of interesting the home government in the taking of Louisburg, and in considerable measure through an English officer who had been a captive there. How far Lieutenant Ryal suc- ceeded in interesting them in such a project does not ap- pear. The increased stress put by Shirley upon naval assistance from 'England after learning of the presence of the East India fleet and convoy at Louisburg, and his apparently greater confidence in securing it, were coincident with the creation of a substantial English interest in sending it. So long as the chief existing injury, however real, from the French at Louisburg, was to the American fishery it was a little difficult to arouse English ardor ; but when East India ships, the natural prey O'f the home fleets, eluded capture by hiding at that port, the American fortress became to an extent a European issue. Meanwhile the governor continued in October and Nov- ember to impress upon the home government the need for naval support for Annapolis Royal, the fact that one thirty- gun ship was tO' winter at Louisburg, and the likelihood of an attack upon Annapolis. In the discouragement of the hour in which Annapolis was in the greatest danger, he proposed to manage the recapture of the place if lost, with the aid of 250 regulars from home and two forty- gun ships or one fifty-gun ship with some shells., if they should arrive by February. In that case a force which he could raise in Massachusetts and the neighboring govern- ments would with this aid succeed in its recapture before any troops could be sent from France.^ On December 7th, Shirley received news O'f the sailing in the preceding month from Louisburg for France of a fleet 'Shirley to Newcastle, Oct. 21, 1744, C. 0. S 900, 132; Shirley to Newcastle, Nov. 9, 1744, C. 0. 5 900, 135. 238 WILLIAM SHIRLEY— A HISTORY of fifty-four vessels, consisting of five heavily armed ships,, one of thirty-six guns, seven of lighter armament, twenty- five ships " of little force," five snows, nine brigantines, and two schooners. Of particular interest to Shirley was the report from reliable witnesses who had been prisoners at Louisburg, that there had been taken with this flotilla three able pilots familiar with Cape Breton and adjacent coasts, for the purpose of piloting warships, transports and store- ships to reach those coasts by February or early in the spring, "with a design (as !these declarants were credibly informed) to make a descent on Annapolis Royal and to cruize on the coasts of New England." ^ Upon receipt of this interesting but not surprising in- formation Shirley not only sent a copy of the deposition containing it to the admiralty by a fast ship, but hoping that the vessel might outsail the French fleet, sent also by the master of it four copies of that document addressed to any admirals, vice-admirals or commodores of any squadron of British ships who might be met on the way over. He added for the admiralty the observations that intercepting the French storeships, recruits, etc., intended to reach Cape Breton in February would be a killing blow to the enemy as well as a protection to Annapolis Royal ; that Louisburg was then ill-manned and the Swiss of the garrison very dis- contented, and that Duvivier, who had been the leader in all the attempts against Nova Scotia during the past year, had gone over to secure the aid expected for the next spring.^ Shirley wrote tO' the same effect to Newcastle, adding that since Louisburg was then very weak in troops and short of all sorts of stores, especially of provisions, if it could not 'Declaration under oath of Major Otis Little, Captain Joshua Loring, Captains Nathaniel and Thomas Donnel, all of his majesty's province of Massachusetts Bay in New England, Dec. 7, 1744, C. O. 5 900, 142. ' Shirley to Admiralty, Dec. 7, 1744. Ad. I, 3817. LOUISBURG— ORGANIZING A COUP 239 be assisted from France before ships were sent from Eng- land to block up the harbor, it might be forced to sur- render merely by distress by the end of summer. He ad- ded that he had credible information from persons know- ing the harbor at Louisburg very well that six ships of war of from fifty to seventy guns, entering it with 1,500 to 2,000 troops to land at the same time and take the royal bat- tery at the bottom of the bay or basin in the rear, might capture the place without much difficulty. An alternative plan was that a squadron of four ships, with some small tenders, should go close to the shore, seal up the harbor and force surrender by the end of the summer. The governor suggested that without the conquest of Cape Breton by England there would be a conquest of Nova Scotia by France, with the danger of losing all the English continental colonies, and he intimated that promptness in action would probably be decisive.^ Shirley had no official assurances that aid would be sent from England, or in case it came that it would be sent in time. Nevertheless the project had been germinating rapidly at home. Kilby had been active in September and later in urging it upon the president of the privy council, Newcastle, and other members of the ministry, and it was regarded with sufficient favor to lead the Massachusetts agent " by every opportunity afterwards " to recommend " the attempt in my letters to New England, with the strongest assurances of their being supported from hence." Action by the ministry was deferred until January, how- ever, when without sending troops, " o-rders were sent to Commodore Warren at Antigua to proceed with some of the king's ships from thence to Boston where the scheme was to be formed, and from thence put into execution." This was decided upon at a season when news of the •Shirley to Nejpcastle, Dec. 8, 1744, C. O. 5 900, 138. 240 WILLIAM SHIRLEY— A HISTORY action could not readily be sent to Boston, and Shirley there- fore planned and acted somewhat in the dark.^ He had, however, received in the fall of 1744, unofficial information (even more trustworthy than that which Kilby sent) from Mr. Stone, Newcastle's private secretary. Writing from Louisburg a year later Shirley acknowledged his letter, asserting of its contents that it " first signified tO' me the promise of support from the ministry, by means whereof I have now the pleasure of dating this letter from the citadel of Louisburg." ^ Since his information was not official he could not give assurances to the Massachusetts general court that aid would be given from home, but must present such arguments as would appeal to their minds as sufficient for undertaking the expedition alone. If contrary to his expectations, no substantial force were sent from England the situation looked unpromising, for if reinforcements and supplies were thrown into Louisburg, and a substantial naval force were in its harbor it would be impregnable against any force which might be prepared in . America to take it, and from it as a base the French might drive colonial commerce (especially thait of New England), largely from the seas, pluck Nova Scotia like a ripe apple, and ravage the frontiers of the other English colonies by sea and land if not subdue them. The next campaign must be fought either in New England or in Cape Breton. For a time the qyestion which battleground should be chosen was left in the background and Shirley gave his at- tention tO' the problem of ways and means. To' this sub- ject he addressed himself in a letter to Governor Wentworth of New Hampshire on December 20th. In that he urged cooperation of the two provinces (suggested by the Massa- chusetts general assembly) in conducting the war and " that 'Kilby to Harrington, Apr. 22, 1745, C. O. S goo, loose at end. » Shirley to Stone, Nov. 13, I74S. C. O. 5 900, 280. LOUISBURG— ORGANIZING A COUP 241 we should agree together as well concerning the measures to be pursued in the action of war, as the proportion of men which each province should furnish, and of the charge to be respectively borne by them." This he foresaw would te'nd to promote the service and benefit of both provinces. He urged prompt action and, if it were favorable, the naming of commissioners for New Hampshire, unless Wentworth chose toi appear in person, " his majesty's service re- quiring us to act with the utmost vigour for the safety of his subjects in these provinces." ^ Just at the end of the year the ordnance given to the province by the home government arrived,^ and was used for the batteries recently provided on Governor's Island. Returning early in January to the subject apparently up- permost in his thoughts, the governor, with a realization of the need of driving the emergency home to the ministry, once more stressed the necessity of protecting Annapolis very early in the spring from Great Britain by one of his majesty's ships, and informed Newcastle that he was just about to send Warren in the West Indies a statement of the same need. In conclusion he added : " If any opportunity of annoying the enemy's settlements from hence shall pre- sent itself to me, your Grace may depend upon the most in- defatigable attention from me to improve it for his majesty's service." ^ 'Shirley to Wentworth, Dec. 20, 1744, Sh. Cor., vol. i, pp. IS4-IS5- The report of the joint committee of ways and means for meeting the expense of the war, which was accepted by both houses of the legis- lature, recommended that commissioners from Massachusetts be ap- pointed under commission from the captain-general to treat with the governor of New Hampshire to secure cooperation in scouting on the frontiers of the two provinces, and in annoying their enemies on sea and land. Jour., Dec. 13, 1744, p. 132. •This consisted of twenty forty-two pounders and two mortars. Winsor, Memorial History of Boston (Boston, 1881), vol. ii, pp. iio- 112 (note). 'Shirley to Newcastle, Jan. 5, 1745, Sh. Cor., vol, i, pp. 158-159- 242 WILLIAM SHIRLEY— A HISTORY This last innocent-looking- generality covered what must already 'have been a matured plan for the coming campaign. This became apparent through a message of the governor to the legislature four days later. On the preceding day he had informed them that the king would pay the troops at Annapolis from the time of their enlistment, and their sub- sistence after the first three months, that the men would be discharged upon the arrival of reinforcements from Great Britain and that their patriotism in providing for Annapolis had been praised at home. On that same day he had also- told them that New Hampshire had been called upon to sup- port Fort Dummer on pain of forfeiting the adjacent ter- ritory to Massacliusetts.^ Meanwhile the province was still struggling with the financial problem. In response to suggestions from Shirley the legislature provided a guard ship of sufficient force to guard the coast against swarms of French privateers re- ported to be then in the \A''est Indies (and which might soon be upon their coast) and undertook to maintain Fort Dum- mer until New Hampshire's answer to the order in council was known. ^ The house accompanied the vote for the former purpose, however, with a proviso that the funds be raised, if possible, without a tax on polls and estates, and followed this by proposing tonnage taxes on all Massachu- setts shipping, foreign, intercolonial, coasting and fishing, '/oio-., Jan. 8, 1745, pp. 165, 166. ' Shirley's message regarding a larger vessel for coa^t protection was sent January 4th, and is printed in Am. Ant. Soc. Proc, n. s., vol. xiv, p. 274. iShirley had recently been covering the area of Fort Dummer by detailing fifty men for service above the New Hampshire line for iscouting, and ten to be posted at Fort Dummer, out of those raised for the defense of the western frontier of i\Iassachusetts. The assembly now provided for a garrison for three months, which pro- vision Shirley expected would be extended later. Shirley to New- castle, Jan. 9, 174s, C. 0. 5, 901. LOUISBL'RG— ORGANIZING A COUP 243 and also named a committee to investigate terms for bor- rowing money for the purpose/ While these matters were being considered another finan- cial expedient was coming to fruition. The committee of ways and means had reported on December 14th in favor of a government lottery for raising £7.500. This w^as pas- sed by the two houses on January 8th, the day of Shirley's report of action indicating a benevolent attitude of the government at home toward the province, and was signed by the governor on January- 9th. ^ Shirley had then recently received notice of the permission granted him by special instruction to allow the emission of more than £30,000 of bills of credit annually for war purposes,* but had not yet had occasion to employ this free- dom. It appears from these measures that legislature and governor, in view of the heavy debt then upon the province, were agreed in a policy of avoiding if possible further direct taxes. Yet upon the day Shirley signed the lottery- bill, he took advantage of the excellent humor which his statement of the pre\nous day was calculated to produce, to lay before them a proposal which by its nature and the expense it must cause in its execution may well have surprised them. The proposal was that Massachusetts capture Louisburg. At the time, although he had imofhcial assurances of aid from England, he was unable to rely upon help from other colonies. It seemed eminently appropriate that the scheme should have been proposed on the day that a government lot- ^Jour., Jan. 4, 1745, p. 160; Jan. 8, 1745. P- 165; Jan. 9, 174S, P- 167; Jan. 16, 1743, p. 175: Shirley to legislature, Jan. 4, 1745. loc. cit, pp. 275-276. 'Jour., Dec. 14, 1744- P- 135; Jan. 8, 1745, P- 166; Ct. Recs., voL xvii (4), p. 632; A. and R., vol. iii, pp. I9S-I99, 219. 'Shirley to Newcastle, Jan. 9, 1745, C. O. 5 goi. 244 WILLIAM SHIRLEY— A HISTORY tery was approved. Yet the gamble might be even, more desperate if it were decided not to attempt the reduction of Louisburg. Shirley believed not unreasonably that the expense of holding Nova Scotia against the French while the latter held Louisburg would probably be as great as that of capturing and holding the fortress/ Moreover, un- less the home government helped, Nova Scotia probably could not be held, and if it were lost, at least part of New England would likewise almost inevitably fall to the French. But a bold blow against Cape Breton, if successful, would remove all sarious present danger to New England. A little group of four or five men who were enthusiastic advocates of the attempt upon Cape Breton had com- municated their views to Shirley and he worked with them in promoting the general scheme. Their chief spokesman was William Vaughan, of Damariscotta in Maine. Much abler but less vocal was Captain John Bradstreet, later highly commended by General Wolfe, the conqueror of Quebec.^ Bradstreet had seen much at Louisburg as a prisoner and thought the time opportune for a blow. A third. Captain Joshua Loring, had also returned from captivity there with like views as to the practicability of its 1 Shirley to Newcastle, Jan. 14, 1745, Sh. Cor., vol. i, p. 163. 'Wolfe wrote in 1758: "There are in America three or four ex- cellent men in their way. Bradstreet for the battoes and for ex- peditions is an extraordinary man." Wolfe to Lord Sackville, May 24, 1758, His. Mss. Com., 9th rep., app. 3, p. 75. A eulogy upon Bradstreet at his death declared that he "first distinguished himself in planning, and recommending to Lieutenant- .General Shirley [Shirley held this rank many years later] the design, which was in 1745 executed with equal gallantry and success by the forces of New England, against Louis tlie XVth in the conquest of Louisbourg . . ." (Rivington's Xew York Gazetteer, 'Sept. 29, 1774, quoted in N. Y. H. S. Colls., pub. fund, vol. iii, p. 248.) Bradstreet's share in the councils of the group for promoting the Louisburg ex- pedition was a prominent one. LOUISBURG— ORGANIZING A COUP 245 capture. Their group included also a 3,Ir. Kilby/ and per- haps a ilr. Vardy who was sufficiently in their confidence to place a private room at their disposal. ' William Vaughan was the first to propose the capture of the fortress by surprise. Belknap, the historian of Xew Hampshire, says of Vaughan that, " nothing being in his view impracticable," he " even proposed going over the walls in the winter on the drifts of snow." ' It is just to >.Ir. Vaughan to say that Governor Shirley made use of his proposals and his energy in supporting them to promote interest in and sentiment for the Louisburg ex- pedition, and just to the governor to add that, since his mind was not only bold but also sane, he did not contemplate accomplishing a surprise by levying and equipping an army in January, transporting it and all its accessories over wintry seas, landing it upon the ice-bound shores of Cape Breton, and marching it through or over snow drifts deep enough to form an approach to the simimit of walls thirty-six feet in height, all to be completed before the snows began to melt in the spring.^ AA'ithout going to this length the ' Probably the Thomas Kilby later commended to the Duke of Newcastle for his "indefatigable pains in assisting me with intelli- gence, and every way forwarding and promoting the expedition in a most necessary manner, whilst it was forming . . ." Shirley to New- castle, Nov. 6, 174s, Sh. Cor., vol. i, p. 289. 'For the group and its activities, cf. Vaughan to Shirley, Jan. 14, 1745, Certificate by Shirley, Mar. 18, 1745, both in C. O. 5 753. 'Belknap, The History of Xcci' Hampshire . (Boston, 1813), vol. ij, P- ISS- Cf. also, Hutchinson, op. £it., vol. ii, p. 364. * Four days after the expedition was approved by the general court Shirley referred to the plan which they had considered as "' a rough, inaccurate and imperfect scheme which has been enquired into and approved of so far by the assembly as to induce 'em to make pro- vision for my carrying on the expedition," and he added that, " what- ever may come of the proposed surprise, upon which I have not the least dependence or expectation," he believed that essential success 246 WILLIAM SHIRLEY— A HISTORY expedition offered difficulties enough to satisfy the most romantic. Shirley's message of January ninth upon the subject of the taking of Louisburg, while lacking literary finish, as most of his writings do, was trenchant and was addressed to the questions in which the general court would feel the deepest interest. After adverting to the extreme inter- ference with the trade of Massachusetts in general, and the frequent captures of their provision ships and the destruction of their fishery from Louisburg, in particular, which must be expected while the existing war continued, he stated it as an axiomatic truth " that nothing would more effectually promote the interests of this province at this juncture than a reduction of that place." could be won. (Shirley to Warren, Jan. 29, 174S, Ad. I, 3817.) This plan was perhaps suggested chiefly by Bradstreet, instead of Vaughan. Shirley .said it was prepared by "a person perfectly well acquainted with the island and the harbor of Louisburg." (Shirley to Newcastle, Feb. I, 174s, C. O. 5 900, 157.) Hutchinson's statement that Vaughan " had been a trader at Louisburg," (Hist, of Mass., vol. ii, p. 364) suggests that the latter might have been possessed of personal knowl- edge of conditions at the great fortress. Vaughan's own testimony, however, makes it clear that this was not the case. He asserted that he left home in the winter of 1744-S, and traveled about Massa- chusetts and New Hampshire, " to enquire into the strength and cir- cumstances of Louisburg, and the other French settlements on, or adjoining to the Island of Cape Breton," and that he "met with several intelligent men who had been prisoners there the summer before and were good pilots; from which he learnt the strength (or rather weakness) of the enemy . . ." (Vaughan to the King, Nov., 174s, Chatham Papers, 95, P. R. O.) Vaughan, however, claimed credit for having digested the information he had secured "into a regular scheme." Ibid. Again shortly afterward Shirley informed Newcastle " as to that part of the scheme, which is proposed for taking the town by sur- prise, so many circumstances must conspire to favour it, and so many accidents may defeat it, that I have no great dependance upon it, and shall guard as well as I can by orders against the hazard that must attend it." Shirley to Newcastle, Feb. i, 1745, C. O. S 900, 157. LOUISBURG— ORGANIZING A COUP 247 He expressed confidence that each " gentleman's zeal for the welfare and prosperity of his country will sufficiently animate himj to lay hold of any favourable opportunity for procuring so inestimable an advantage and benefit to it, without any arguments from me for that purpose." An ■opportunity to accomplish this end " seems now to present itself," and this he would make clear tO' them. He then explained that according to the best information he could secure of the conditions in the town of Louisburg, of the number of soldiers and militia in it and of the situa- tion of the harbor, he had good reason tO' believe that if two thousand men were landed upon the island as soon as they could be conveniently equipped and trained (the landing being, he was credibly informed, possible in the proper place with little or nO' risk), such a number of men would, with the blessing of Divfne Providence upon their enterprise, be masters of the field at all events, and not only possess themselves of their two most im- portant batteries with ease, break upon their out settlements, destroy their cattle and magazines, ruine their fishery works, and lay the town in ruines, but might make themselves mas- ters of the town and harbour.'^ He continued : It cannot be expected that I should enter here into a detail of the manner of executing such an attempt.^ There are (I ' The copy of this document in the Ct. Rei:s., uses the word " cattle," instead of " cable " as in Sh. Cor. ''William Vaughan afterward declared that about the 7th of January, 174s, his scheme was laid by Governor Shirley " before both houses of the general assembly then sitting; and a committee was chosen of both houses to consider the affair." (Vaughan to the King, Nov., 174S, Chatham Ps, 95.) The best inference which seems possible from the facts available is that Vaughan afterward claimed the authorship of a plan for taking Louisburg, which was the outgrowth of conferences of the group among whom Bradstreet was the most important figure. 248 WILLIAM SHIRLEY— A HISTORY doubt not) some gentlemen in your house who are in a great measure judges of the practicableness of the thing in general ; which is sufficient at present; and as I am very desirous of embracing every opportunity for the service of the country, I would earnestly recommend it to you to make a suitable pro- vision for the expenses of such an expedition, which, if it should succeed no further than with respect to laying open the enemies' harbour and destroying their out settlements and works, must greatly overpay the expence of it, by its conse- quences to this province, and if it should wholly succeed, it must bring an irreparable loss to the enemy and an invaluable acquisition for this country.^ Then, followed two days of earnest debate in the assem- bly. The proposal was one which was already -in the hearts of the people of the province, and especially in those of the fishermen,- but heretofore had seemed to many so impossible of realization as to furnish no foundation for the faith which confers substance upon things hoped for. But the expedition was as yet an inert thing. The as- seihbly could not breathe the breath of life into- it, and an- swered the governor that while, " were it in any measure in the power of this province in conjunction with the other governments to effect so happy an event, we should chear- fully engage in it," they considered the attempt too hazard- ous for the province alone to undertake. They then begged Shirley to convey to the king the danger in which Massa- chusetts and her neighbors lay because of the French oc- cupation of Louisburg', and to " intreat his majesty's com- and that Shirley having later presented this plan to the assembly, Vaughan claimed much credit for the governor's action and for the later success of the expedition. Vaughan laid the scheme before Shirley and Governor Wentworth of New Hampshire about Dec. i, 1744. Ibid. ^Ct. Recs., vol. xvii (4), pp. 630-631, printed in Sh. Cor., vol. i, pp. 159-160. 'Shirley to Newcastle, Jan. 14, 174S. Sh. Cor., vol. i, p. 161. LOUISBURG— ORGANIZING A COUP 249 passionate regards tO' these his governments in reducing Cape Breton, and represent to his majesty the ready dis- position of this province as far as they are able tO' exert themselves in conjunction with the other governments on such an occasion." ^ Thus the assembly rejected the plan only as a proposal to attempt the capture single-handed and practically pledged their support of the expedition whenever the official news of the intent of the crown to support it should arrive. This vote also left the road open for reviving the matter even before the arrival of such news. Meanwhile Shirley sup- ported their request for aid from home with a vigorous despatch to Newcastle. He again pointed out that the French at Louisburg were injuring the trade of the northern colonies, capturing provisions sent thence to the English West Indies, and breaking up the fishery; that in divers ways the port was oif advantage to the French ; '■" and since' that fortress would be the key to the large future develop- ment in America under French or English control in a healthful country where future increase of population could hardly be limited, he urged the apparent necessity that the English control that place not only for the protection of Nova Scotia but also to safeguard British dominion in America. He added that the fall of Nova Scotia would mean the loss of the eastern settlements of Massachusetts and prob- ably those of New Hampshire, and would give the French such a hold upon the continent of North America as " might possibly in time make 'em. think of disputing the mastery of it with the crown of Great Britain." He even suggested 'Cf. Recs., vol. xvii (4), p. 639. This appeal appears with slight variations in iShirley to Newcastle, Jan. 14, 174S, Sh. Cor., vol. i, p. 161; C. 0. 5 900, 156. ^ Cf. supra, pp. 220-221. 250 WILLIAM SHIRLEY— A HISTORY that the reduction of Louisburg " might seem almost of itself to be near an equivalent for the expense of a French war." In conclusion he gave a picture of conditions at Louis- burg favorable to its capture, stressing the scarcity of pro- visions, the small garrison, mutinous Swiss troops, a hill favorable to attack back of the town only partly levelled by the French, and declared the real willingness of Massachu- setts toi aid to the extent of her ability, in connection with neighboring governments/ The matter, however, was not allowed to rest until the home government should act upon it, which would doubtless have been too late for results during that year. Mr. Vaughan assumed the role of chief sponsor for the plan. On the same day that Shirley wrote to Newcastle transmitting and indorsing the assembly's appeal for action by the home government, Mr. Vaughan made an effort to revive the project. He wrote Shirley of his efforts to get the group to- gether with the intention of devising ways and means of overcoming the objections urged against the plan by the as- sembly, and if this seemed to be feasible, to send a memorial to the general court asking that it be revived. This course of action was contingent upon Shirley's approval. Mr. Vaughan, however, was in nO' doubt of the essential character of his trusteeship in the matter, observing : " All Englishmen, and all friends of Great Britaiin, by me now press Your Excellency to make one push more at this time in the affan-; praying that men knowing in these affairs may be brought face to face before the opponents." ^ He avowed much public spirit and also professed ability to raise i,ooo m,en for the expedition, " if it be Your Excellency's pleasure to commit the conduct of the affair to myself." At the ' Shirley to Newcastle, Jan. 14, 1745, Sh. Cor., vol. i, pp. 161-165. 'Vaughan to Shirley, Jan. 14, 1745, C. 0. S, 753. LOUISBURG— ORGANIZING A COUP 251 same time he displayed a becoming freedom from egotism by adding : " If Your Excellency think proper to give the same to another (in case there is an opportunity) I am ready with the same diligence by day and night at my own ex- pence to encourage men to act in the affair with the utmost vigour and then retire to my own private business." ^ Apparently he thought Shirley satisfactorily equipped to carry out the undertaking if given proper suggestion and assistance.^ Nevertheless he seems to have felt some slight uncertainty as to whether Shirley would display the qualities required.^ Following this it seems that Vaughan, who until this time seemed much like a prophet crying in the wilderness, went, with the governor's approval, to Marblehead, the chief fishery town of the province, and among the fishermen and other seamen received " encouragement to furnish vessels in fourteen days for 3,500 men." More than 100 citizens of Marblehead having signed a petition for reviving the scheme for the expedition; he presented this to^ the general court on January 19th, and another signed by more than 200 principal gentlemen in Bostoo, merchants and traders, for the same purpose was presented on January 23d.* ^Ibid. Vaughan's zeal for the expedition may have arisen partly from the fact that he had large property holdings in the region of the Kennebec which were Ukely to fall into French hands if Louisburg ■ were not taken. Vaughan to the King, Nov., 174s, Chatham Ps., 95. ' " I do assure Your Excellency that I should be exceedingly pleased if Your Excellency could be the means of effecting this great work, which must be the greatest honour and estabUshment to yourself . ." Ibid. 3 He continued : " but at the same time if it can't be brought to pass here, I purpose to proceed further westward . . . where I doubt not of success." Ibid. * Ibid., a memorandum attached; Shirley to Newcastle, Feb. i, 1745, C. O. s 900, 157; Ct. Recs., vol. xvii (4), pp. 649-650, 656-657; Johnson, A Boston Merchant of 1745: or Incidents in the Life of James Gibson, volunteer at the Expedition to Louisburg; with a Journal of that 252 WILLIAM SHIRLEY— A HISTORY The first of these petitions, for which Vaughan seems to have been largely responsible for securing signers, was ac- companied by a brief message from' Shirley. In it he said he was informed that the spirit which appeared in the peti- tion " prevails all over the maritime parts of the province." He therefore recommended, in spite of the recent unfavor- able action upon the proposition, " inasmuch as a particular scheme for effecting the enterprise therein mentioned is proposed by some gentlemen (as the petitioners suggest) " that the general court " give those gentlemen an hearing by a committee of both houses, or otherwise, as you shall judge most proper, upon the practicableness of that particular pro- posal, and to determine upon it according as it shall appear to you upon the inquiry." ^ This was followed by secret sessions of the two houses as the question which seemed to involve the fate of the prov- ince was discussed. The public were not supposed to have an inkling of even the subject under discussion, but it is re- ported that one pious member, forgetting his family in the presence of his God, published the secret unawares.^ On the same day with the foregoing Shirley sent a longer message, arguing that, even though it should not prove possible to take Louisburg by surprise (as the plan presented proposed), such an expedition could still be a success. He expressed his belief that such a force of men as could be raised in Massachusetts, supported by the artillery Siege, never before published in this country (Boston, 1847), pp. 16-17. It is recorded that while the question remained in the balance Shirley, meeting a merchant of Boston on the street and finding him favorable to the expedition, set him at the task of securing the signatures of the 200 Boston merchants who joined in the petition asking that it be re- vived. This petition was hastily prepared and was the one presented to the general court on the twenty-third. Ibid. 'Ct. Recs., vol. xvii (4), p. 649. Johnson, op. cit., pp. 15-16; Hutchinson, op. cit., vol. ii, pp. 365-366; Belknap, op. cit., vol. ii, p. 155. LOUISBURG— ORGANIZING A COUP 253 that could be sent with them, could at least remain " masters of the field " against not only the garrison, but any reinforcements which might be expected from France, if the latter succeeded in landing despite such a naval force as could be sent from the province. He thought that the hope of a successful surprise need not be abandoned. In case it were not successful, however, the place might be invested until a naval force and troops from England sufficient to complete the reduction of the island could arrive, as he be- lieved they undoubtedly would if prompt news of the ex- pedition were sent home. Shirley, meanwhile, would use every means of notifying the ministry and the commanders of English squadrons in America, " from some or others of whom also we might probably have some naval force sea- sonably sent for our assistance upon such an occasion." He therefore recommended " in the strongest terms, to lay hold on the present favorable opportunity, which Providence seems to have put into' our hands, of securing to the province, by the single reduction of Cape Breton, every advantage which can contribute to its prosperity both by land and sea, and for embracing which opportunity, so general a spirit in the people seems happily tO' be raised." Upon the score of expense he felt sure that in view of the benefits to> their neighbors and Great Britain herself by its conquest, the home government would not allow Massa- chusetts to " finally bear more than its just and reasonable proportion of the burthen." Moreover, he would make ap- plications to the adjacent governments for assistance by land and sea, and Massachusetts, he believed, " might reasonably depend upon their furnishing their respective quotas to- wards this enterprise; in the success of which the interest and welfare of their provinces and colonies are likewise very nearly concerned as well as that of this province." '• ^Ct. Recs., vol. xvii (4), p. 656. 254 WILLIAM SHIRLEY— A HISTORY Thus Shirley at last presented the plan to the assembly, unable to promise specifically the aid he expected from home, but giving reason for supposing it would be sent. . It seems not unlikely that faith in the governor's integrity and judg- ment in giving so strong grounds for hoping, for such as- sistance had a larger influence upon the minds of the legis- lators than the expectation of taking Louisburg by surprise. The committee of the twO' houses upon the affair gave a critical hearing continuing for several days to two gentle- men who had been prisoners at Louisburg (perhaps Brad- street and Loring) and tO' many others who had been traders or prisoners there and knew it both in peace and war, some of whom had come from there at the beginning of the winter, and had a good knowledge of the place.'' Their testimony was, that there were not over five or six hundred regular troops in the garrison and not over three or four hundred fighting men among the inhabitants, that they had only a small stock of provisions, that there were no vessels of force in the harbor and " that the place is at this time less capable of being defended against an attack than it is probable it will ever be hereafter." Meanwhile, Shirley left the representatives wholly un- embarrassed by importunity on his part, and they devoted themselves tO' a discussion on the merits of the proposal.^ The committee after three days' deliberation formed the " opinion that it is incumbent upon this government to em- brace this favorable opportunity to attempt the reduction thereof." ^ When a vote was finally taken on January 25th, 'William Vaughan appeared to inform the committee of the facts which he had collected. Certificate by Shirley, Mar. 18, 174S, C. 0. 5 753- 'Hutchinson, op. cit., vol. ii, p. 368. 3 Report of joint committee on Louisburg expedition, Ct. Recs.r vol. xvii (4), pp. 657-659, printed in Sh. Cor., vol. i, pp. 169-170, and Pennsylvania Archives (Philadelphia, 1852-1856 and Harrisburg, 1874- 1919), vol. i, p. 666; Shirley to Newcastle, Feb. i, 1745, C. 0. 5 900, 157. LOUISBURG— ORGANIZING A COUP 255 on the adoption of the committee's report, the result was " a chearfull and almost unanimous resolution of the court tO' undertake this important business in such manner, as is par- ticularly expressed in the report of the committee accepted by the whole coutt which I herewith enclose." ^ Thus by the joint efforts of the governor and a group of enthusiastic assistants, of whom William Vaughan was most in the public eye, was the Louisburg expedition given birth." 'Shirley to Law, Jan. 29, 1745 (circular letter to all governors as far as Pennsylvania), Conn. H. S. Colls., vol. xi, p. 254, Sh. Cor., vol. i, pp. 171-172. Hutchinson, however, asserts that after the petition of the merchants concerned in the fisheries revived the affair, " a second committee, appointed upon this petition, reported in favour of it, and the 26th of January their report came before the house, who spent the day in debating it, and at night a vote was carried in favour of it by a majority of one voice only." (Hutchinson, op. cit., vol. ii, p. 368.) Shirley's contemporary statement in a circular letter to the other governments as far south as Pennsylvania which would be likely to be given wide publicity at the time seems to be in conflict with the record made by Hutchinson many years after, perhaps from memory, since the house apparently made no record of its votes on measures acted upon by it. Shirley would naturally desire to make the prospects for the expedition seem as favorable as possible ; but it seems doubtful if the governor, were he incHned to abandon his accustomed veracity, would do so in a document so likely to at once confound him before the pubhc. Belknap {op. cit., vol. ii, p. 155) asserts further, without quoting a source, that the action on the matter was taken " in the absence of several members who were known to be against it ; " a condition at which Hutchinson's narrative does not hint. 2 William Vaughan, after taking an honorable part in the expedition, although his suggestion that he be given chief command of it was not adopted, sought vigorously to secure recognition at home for his indefatigable services to promote it. In doing so he seems to have believed that he was not fairly treated by the governor and by the commander-in-chief, both of whom, historians have intimated, were actu- ated by jealousy of the irrepressible Mr. Vaughan and his leading part in the affair. This charge so far as Shirley was concerned seems not 256 WILLIAM SHIRLEY— A HISTORY to be supported by the governor's letter to Pepperrell on Mar. 23, 174s, in which he speaks of him (Vaughan) very appreciatively and kindly (,6-Mass. H. S. Colls., vol. x, pp. 120-124, Sh. Cor., vol. i, p. 195, note), nor by a certificate by .Shirley of Mar. 18, 1745, in which he testified that " William Vaughan of Damariscotta . . . was very in- strumental in setting on foot the present expedition against the French settlements on Cape Breton," with a considerable catalogue of later services in connection with the expedition. Certificate of Shirley, Mar. 18, 1745, Ar. Secretary's Book of Powers of Attorney . . . , p. 284, copy in C. O. 5 753. Vaughan, while in England, sought as a reward for his services the positions which had been held by General Phillips, as governor of Nova Scotia and colonel of the regiment stationed at Annapolis, but becoming doubtful of his success finally begged Newcastle " if I am thought unequal to the services I offer to undertake [for the settling of Nova Scotia with Protestants], I pray your Grace's favour that I may have a sum of money for my services and expenses, and be per- mitted to return home to my private affairs, that the world rnay no longer say that I was first in this affair, and the last in consideration." Vaughan to Newcastle, Feb. 28, 1746, C. O. $ 753- Vaughan was undoubtedly useful in bringing public opinion to bear, and he was a brave soldier who served gallantly as a volunteer, but the feature of surprise which he so earnestly urged was impracticable (as Shirley reahzed) and no judicious historian is likely to accept him at his own valuation. Information regarding Vaughan's share in the expedition in addition to the other material already quoted is found in certificates from Governor Wentworth of New Hampshire, General Pepperrell (June 21, 174s), and Captain David Wooster (Oct. 23, 1745), all in C. O. S 753- For a plea on his behalf cf. Goold, "Col. Wm. Vaughan of Matinicus and Damariscotta" in Me. H. S. Colls., vol. viii, pp. 302-313. The vote to undertake the expedition is found in Ct. Recs., vol. xvii (4), p. 659, printed in Sh. Cor., vol. i, pp. 169-170. CHAPTER XII LouiSBURG — Preparations The vote of the general court on January 25th fixed the main features of the expedition. The governor was asked to raise 3,000 volunteers and officer them. Each soldier en- listing was to be paid twenty-five shillings per month and to receive a blanket, one month's pay in advance, and his share of all plunder. Pledges were made for the securing of necessary warlike stores for the expedition, and for four months' provisions. A committee was to- be appointed toi procure and fit out vessels tO' serve as transports, ready to depart by the beginning of March (a scant five weeks away ) . A suitable naval force was to be provided by the general court to serve as a convoy. It was also voted " that ap- plication be forthwith made to the governments of New York, the Jerseys, Pennsylvania, New Hampshire, Con- necticut and Rhode Island toi furnish their respective quotas of men and vessels tO' accompany or follow the forces of this province." ^ While the government oi Massachusetts was agog with the splendid dream of Louisburg captain, the home govern- ment in critical mood rejected a petition from them that the province be supplied at the expense of the crown with small arms.' However, the situation in England was quite as encouraging for Shirley's plans as could be expected. '■Sh. Cor., vol. i, p. 170. 'The home government recalled that the small quantity of small arms and powder sent in 1704 had not been paid for until the province 257 258 WILLIAM SHIRLEY— A HISTORY Shirley's energy on behalf of Nova Scotia and the other English American colonies had been extended to I^ondon through Christopher Kilby, the Massachusetts agent there. Mr. Kilby late in November, 1 744, petitioned the crov^^n for two or three small cruising ships " to attempt the passage to New England (which though difficult is not impractic- able) it being absolutely necessary that one of them [more being asked for fear of accidents] should appear at An- napolis before the French ships from Europe arrive at Cape Breton and that a sufficient force may be appointed and sent forward as early as possible the next year to cover and protect your majesty's colonies in North America, or to attack the French in theirs, which may be prosecuted with the utmost prospect of success." ^ Before this had been acted upon, Newcastle had written to Shirley that for protecting Annapolis, which was likely to be attacked early in the spring, it had been decided " to employ such a strength of ships of war in those seas under the command of Coimmodore Warren as may be sufficient to protect the said province and the other neighboring colony's in North America, and the trade and fishery of his majesty's subjects in those parts and may also as occasion- shall offer, attack and distress the enemy in their settlements, and annoy their fishery and commerce." In carrying out this program Shirley was directed, in case Warren applied to him for assistance in the form oi men, provisions or ship- ping, to aid and assist him in the most effectual manner in accordance with plans to^ be worked out by consultation be- tween them, and to be ready to " concert and advise " with was compelled to do so in order to secure the supply of ordnance recently donated to them, and they declined to establish a precedent for supplying with firearms all the American colonies who should plead poverty. Order in iCouncil, Jan. 10, 174S, C. O. S 885, 115, Ff, 73. 1 Order in O., Feb. 7, I74S, C. O. 5 885, 119, Ff, 76; A. P. C, vol. iii, p. 790. LOUISBURG—PREPARATIONS 259 him in regard tO' all questions that might arise in connec- tion with his service, and especially tO' inform him as fully as possible of " the state and condition of the enemy's set- tlements and of the ships in their harbours, that he may be enabled to judge whether it may be practicable and advis- able to make an attempt upon any of the ports." ^ On January 8th, Kilby's petition was referred to the admiralty, who reported that they had " given directions for a ship of war of forty-four guns to proceed tO' Annapolis Royal in Nova Scotia with recruits on board for the regiment there and also to convoy there three other ships bound to Piscata- qua in New Hampshire, Boston in New England, and St. Johns in Newfoundland," with cannon and ordnance stores for the defense of those places, " which ship' would have proceeded on her voyage before now, had not her sailing- been deferred till the beginning of February at the particular desire of Mr. Kilby, the aforementioned agent, and other merchants concerned in the ships going thither." They added that they had under consideration sending out a proper force as early as possible, " which we hope will be sufficient not O'nly to cover and protect his majesty's colonies in North- America but even to annoy the enemy as occasion may- offer." ^ Thus despite a faux pas of Mr. Kilby, which apparently- did not ingratiate him with the authorities at home, the assistance which Shirley had asked and expected was being prepared, if somewhat tardily, for the coming American campaign. Meanwhile Shirley was planning for a campaign into which it would fit when it might arrive, and which could sustain itself until it did arrive. Shirley upon his part lost no time in taking steps tO' assure ' Newcastle to Shirley, Jan. 3, 1745, Sh. Cor., vol. i, pp. 155-156- 2 Order in CI., Feb 7, 1745, C. O. 5 885, ii9> Ff, 76; A. P. C, vol. iii^ pp. 790, 791 • 26o WILLIAM SHIRLEY— A HISTORY SO far as possible the cooperation of British naval and other forces — not only hypothetical ones from England but those actually in the American area. To this end he wrote to Commodore Warren in the West Indies explaining the plans for the expedition, the conditions at Cape Breton and the popular enthusiasm in New England. He added that he hoped to have 3,ocx) men raised in Massachusetts by the beginning of March, and to have them landed at Cape Breton soon after. Further as a means of preventing news of the expedition from reaching the French and of securing transports and seamen for the fleet promptly he had at once laid an embargo upon all shipping for thirty days. He then expressed confidence that the land forces to be raised in Massachusetts and in the neighboring govern- ments to whom he should apply for aid " will be supported by the utmost naval force which you sir can possibly spare out of his majesty's ships under your command," pointing out that upon such assistance the success of the undertaking greatly depended. Shirley then explained that he had been much encouraged in undertaking it by the hope of receiving aid from him, adding: "If the service in which you are engaged would permit you to come yourself and take upon you the command of the expedition, it would I doubt not be a most happy event for his majesty's service and your own honour." Apropos of naval possibilities at Louisburg Shirley in- formed Warren that " nothing can probably prevent our troops from making themselves m'asters of the royal battery which is the most galling battery in the harbor," and that by information of Captain Durell, two forty-gun ships, especi- ally if assisted by a bomb vessel, could silence the island battery and thus leave the harbor practically open to the fleet. Shirley stressed as the most essential condition for the LOUISBURG— PREPARATIONS 261 success of the expedition the presence of a sufficient naval force before the harbor of Louisburg before the middle of March at the farthest, not only to intercept the enemy's provision vessels but M. Du- vivier who is expected by that time with recruits and supplies for the garrison, and perhaps some troops designed against Annapolis Royal under convoy of a fifty-four and sixty-gun ship — intercepting of which last would be a killing blow in- deed to the town and garrison of Louisburg, and soon decide the affair between us and the enemy. But it will be impossible for us to muster up here a sufficient naval force for that purpose without the assistance of two fifty or forty-gun ships, which would secure the point ; and I hope if you can possibly spare 'em that you will instantly despatch 'em away upon re- ceipt of this, but if it is impracticable for you to spare two, let us have one, and perhaps we may possibly do with that, as I hope one if not two of his majesty's ships may arrive here with stores for New Hampshire and Annapolis Royal, and with recruits for the latter by the middle of March, but there is no absolute dependance to be made upon it. He explained that he was hopeful of assistance fromi Captain Gay ton (then at Boston in command of a prize taken from the French, who was to- take a load of mastsi for Admiral Knowles in June but was meanwhile at liberty) , and of Warren's approval of his giving it. He expected further to secure three twenty-gun privateers, the province snow, the Rhode Island and Connecticut sloops, and as many cruisers in addition as possible from the New York, Pennsylvania and Rhode Island governm'ents. Also' he was sending an appeal for aid to Virginia where he had heard there were stationed two English ships of forty and twenty guns, respectively. In this connection he begged Warren to send orders to them to proceed directly to his aid. He suggested that Warren's vessels proceed to Canso, which was to be the rendezvous, where a detachment of troops and information would be found. 262 WILLIAM SHIRLEY— A HISTORY He added that he was to send an account of the expedi- tion home on the morrow and that he was in hopes we may have assistance from England by the latter end of May or June, but as that will be too late for the success of the expedition we entirely rely upon you to send us in- stantly what ships you can spare, and if you should come in time to be there before the arrival of the recruits and stores from Old France, it would so far secure the point, as that if you follow soon with your other ships I am persuaded you must take the place before May is over without any other help than the ships you will find before the harbour; and if we should fail of that success, we might I think depend upon such a reinforcement from home by June as would certainly carry the place, but I doubt not of its being carryd before, if you come yourself. He then interpreted the meaning of success as being the salvation of Nova Scotia and the downfall of Canada, " which would secure his majesty the whole northern con- tinent, gaining the whole fishery exclusive of the French, increasing greatly the nursery of seamen for the royal navy, and securing the navigation of Great Britain to and from her northern colonies as far as Virginia, as which would be an equivalent for the expence of a French war let the con- tingencies of it in Europe be what they will, and I hope the procuring of these invaluable benefits to his majesty's British dominions is reserved for you." To insure the safety of vessels that might be sent he despatched two pilots with his letter and begged an early reply by the vessel that bore them. Finally, that any ships sent might be known by the land forces upon their ap- proach to Canso or Louisburg, he suggested a signal to be flown for that purpose.^ 'For the above exposition of Shirley's plans, cf. Shirley to Warren, Jan. 29, 174s, Ad. I, 3817; Shirley to Newcastle, Feb. i, 1745, C. O. S 900, IS7- LOUISBURG— PREPARATIONS 263 Shirley's vision of a wholly British North America as far as the Spanish settlements was but a prophecy of the ■dream which Pitt made real to the British nation a decade later. However, when Shirley propounded it, it was much less difficult of realization than when Pitt found it necessary to arouse every energy of the mother country to bring it to pass. In 1745 Louisburg was easily vulnerable, and in the succeeding years of the war Canada was weakly garrisoned and incapable of large or sustained effort. No formidable attacks upon the English colonies occurred during its duration. In the days of Pitt's activity, however, Canada's strength had been considerably increased, and a new fron- tier had been created to the southwest along the Alleghanies. The increased vigor of the French appeared in the disasters to the English at Oswego-, under Braddock, at Fort William Henry and at Ticonderoga. In apprising Newcastle of the venture, Shirley announced that he was already carrying the scheme into execution, and hoped to have the forces ready to embark with a train of artillery by the middle of March. This force he assured Newcastle could not fail of taking Louisburg, if the neigh- boring governments gave aid and if an adequate naval force <:ould be gotten before the town in time to prevent its being relieved from France. Even if the Massachusetts troops were forced to act alone, they would be able to win a com- plete success should they have proper naval support. He was able to report as already available a 400-ton ship of twenty guns and the province snow of sixteen guns, while he had a prospect of securing a twenty-gun ship and a twelve-gun sloop from Rhode Island and a twelve-gun sloop from Connecticut. He added that if he could have the aid of the Eltham {Captain Durell) of forty guns, Rippon's prize of twenty guns and the "' Bien Ami " prize (Captain Ga3^on) of 264 WILLIAM SHIRLEY— A HISTORY thirty-four guns, then all at Boston, they in combination with the smaller craft available would probably be stronger than the French convoy expected at Louisburg. But the first must presently convoy four mast ships to England, and the second was under orders tO' convoy a mast ship to the West Indies. The third had a like commission but could not execute it before June, and therefore Shirley hoped he and the assembly would succeed in engaging its services for the expedition meanwhile. He had been informed that ordnance stores for Annapolis and New Hampshire were expected soon, and likewise re- cruits for Annapolis, and that the admiralty planned to send guard ships tO' protect the New England coasts and fishery. He therefore hoped one or more of his majesty's ships would arrive from Great Britain and join the ex- pedition in time to intercept recruits and supplies intended for Louisburg. Moreover he had sent a packet boat ex- press to Warren which might reach him before the middle of February.^ In addition to his hopes of assistance from' Warren he reported his application to' the governments of New York, New Jersey and Pennsylvania for some privateer cruisers, and to the commanders of British ships stationed at Vir- ginia and South Carolina for assistance, from any of which sources aid might arrive in time. Thus he made clear the means by which he hoped tO' bottle up Louisburg. He sent the rough draft of a plan for the capture of the fortress, apparently the one which the assembly had acted upon,^ with an explanation of its limitations. He then 'Warren's squadron was stationed at Antigua. 'This is without doubt the plan published in Sh. Cor., vol. i, pp. 173-177; N- H. Pr. Ps., vol. V, pp. 273-274; A'ew Jersey Historical Society Collections, vol. iv, pp. 211-213. Shirley also sent a copy of it to Admiral Warren and probably to all the governors who were asked to aid the expedition. LOUISBURG— PREPARATIONS 265 outlined his own plan as follows : The transports should ga from Boston to* Canso, which was to be taken and held. The main expedition was then to proceed to " Gabarouse " or Chapeaurougc bay, about twenty leagues from Canso and two hours' march from either the town of Louisburg or the royal battery, one of the chief protections of the bay. The royal battery, usually weakly garrisoned and unpro- vided with facilities for defense on the land side, and there- fore " capable of being suddenly taken," was to be assaulted by a party of 500 men " by the help oi a fascine way and a few scaling ladders without any cannon." In case of failure in this attempt the battery was tO' be destroyed with ease and safety from a hill behind it. The position thus gained should, if tenable, be used against the town, against which alsoi the artillery brought with them should be put into play from a hill about a half-mile distant from; the fortress. In any case the royal battery was to be made use- less for the defense of the harbor against an English fleet, and if it contributed nothing to the fall of the town, the blockading fleet, if strong enough, would soon compel a surrender. If the town should be relieved, he hoped the land forces might hold their own (especially since he had at the moment been assured of aid from: New Hampshire and Rhode Island, and the expedition would probably be aided by Connecticut) until the king should have time tO' send " some battering ships able to enter the harbor and such a number of marines or other troops as he shall think proper." Meanwhile the American forces would be able to destroy the outlying set- tlements, the cattle, magazines, fishing houses, stages, shal- lops and boats, " which would most especially break up the fishery of the island for one or two years at least." In case of any unforeseen necessity of leaving Cape Bretoo before the arrival of English ships and troops, he 266 WILLIAM SHIRLEY— A HISTORY proposed to withdraw the forces to Canso^ and encamp until they received advice from England whether reinforcements were coming to their aid. If in that case aid were not sent the damage already outlined to Louisburg and its neighbor- hood would have been accomplished. Nova Scotia would be secured against invasion so long as the troops remained at Canso, and a blockhouse and battery would have been erected at the latter place tO' insure its reoccupation until the pleasure of the crown regarding it should be known. Having explained the value of Canso and plans recently made by the ordnance board tO' strengthen its fortifications, he added that Massachusetts would be unwilling to maintain a garrison there or tO' pay for resettling it " when they begin to perceive my intention in erecting the blockhouse upon it." The sudden enthusiasm in Massachusetts, he explained, was partly due tO' the opportunity to strike Louisburg while it was weak, which led to suddeni preparations, as the ad- vantage which surprise woiild give would probably be lost by more formal preparation for an expedition, " all which circumstances had so' promising an aspect that I could not avoid complying with the general spirit of the people to lay hold on so favorable an opportunity against the enemy." Finally he asked prompt directions in case Louisburg were taken before English forces arrived, whether to keep or de- molish it.^ Meanwhile Shirley was carrying forward with great energy the preparations for that part of the expedition which could be executed without action at home or by the commanders of British naval forces. By January 29th, a circular letter had been drawn up by the secretary of the province and was within two days thereafter despatched to all the governors as far south as Pennsylvania.^ This 'For the above outline of his plans and the progress he had made in realizing them, cf. Shirley to Newcastle, Feb. i, 174S, C 0. 5 900, 157. 2 Shirley to Law, Jan. 29, 1745, Conn. H. S. Colls., vol. xi, pp. 253-255. LOUISBURG— PREPARATIONS 26J document stated the action taken by Massachusetts, the strong public sentiment there for the attempt, and the " full confidence and expectation that all his majesty's govern- ments in North America, who are concerned in duty and interest as well as we, will readily join with us. . . ." The burdens already borne by Massachusetts at Annapolis were set forth, and each governor addressed was urged to secure full participation by his colony by both land and sea and as promptly as possible. Shirley explained in the circular that the plan was one he had proposed tO' and earnestly urged upon the ministry at home " before I had any thought of the thing's being attempted in this way," that he would now write pressingly to both the ministry at home and com- manders of British naval forces in American waters " to send a naval force tO' meet us and support us in our design." .Meanwhile, he stated, he had " ordered an embargo of all vessells whatsO'Cver," and had " siezed all French men among us and have endeavored to have them| kept under such safe custody as to prevent them from sending any intelligence," — measures which "will be necessary (as I apprehend) in your government." ^ Shirley's embargo, however, was not wholly efifective in suppressing news of the enterprise, as the master of a sloop who succeeded in escaping either before or in spite of the restrictions, published in Pennsylvania the interesting de- velopmients a week before Shirley's letter to- Governor Thomas was received there.^ Shortly afterward Governor Morris of New Jersey reported the probability that the facts then known everywhere in the middle colonies would reach the French in Canada by way of Albany.* ^Circular letter (Shirley to Law, Jan. 29, 174s), loc. cii. 2 Thomas to Morris, Feb. 12, 174s, A''. /. H. S. Colls., vol. iv, p. 231. 'Morris to Shirley, Feb. 22, 1745, ibid., p. 233. 268 WILLIAM SHIRLEY— A HISTORY In addition to the circular, Shirley wrote personally to the several governors to urge special considerations upon them. In the case of Rhode Island he stressed the ex- posed situation of the colony upon the sea and the induce- ment to the French to visit it in retaliation for the activity of its privateers. The messengers by whom this message was sent were charged to explain to Governor Greene the great need for having a naval force before Louisburg by the middle of March, to which force he hoped Rhode Island would contribute. He further asked for heavy artillery of which " we have not sufficient in our Castle.'"- The request tO' Rhode Island was followed by a vote to fit out that colony's sloop to join the forces before Louis- burg.^ After Connecticut had voted to^ enter heartily into the expedition,* her smaller neighbor voted to raise 150 men for land service.* The men, however, were not then raised.* Later Shirley sent an appeal for aid to a former Rhode Island client, Godfrey Malbone, offering to secure pay from Massachusetts for 500 men if they were raised in that colony. The Rhode Island assembly then voted to allow three persons to enlist men to total not more than 500 for the Cape Breton expedition, and to be reimbursed their necessary expense incurred in doing so." This brought no 'Shirley to Greene, Jan. 29, 1745, Records of the Colony of Rhode Island and Providence Plantations, in New England (Providence, 1856-1865), vol. V, p. 74, 5/1. Cor., vol. i, pp. 172-173, Cor. Col. Govs. of R. I., vol. i, pp. 298-299. Cf. also, Shirley to Morris, Jan. 29, 1745, and enclosures sent through Morris to governors Thomas of Penn- sylvania and Gooch of Virginia, A^. /. H. S. Colls., vol. iv, pp. 209-211. 'R. I. Col, Recs., vol. v, p. 100. " The Public Records of the Colony of Connecticut [1636-1776] (Hartford, 1850-1890), Feb. 26-29, 1745, vol. ix, pp. 83-89. *i?. /. Col. Recs., vol. V, pp. 102-103. ' Shirley to Newcastle, ^lar. 27, 1745, 5/!. Cor., vol. i, p. 196. *i?. /. Col. Recs., vol. V, pp. 105-106. LOUISBURG— PREPARATIONS 269 useful results, however, and the preparing of the colony- sloop was a pretense. In fact Rhode Island not only did nothing actively for the expedition, but Shirley intimated that her embargo to keep information from the enemy was not enforced.^ In May the assembly again voted tO' raise 150 men,^ but they were not ready for service until after the siege was over.' Finally, after two applications by Shirley for seamen to man a prize taken at Louisburg, Rhode Island voted a bounty to secure the enlistment of 200 seamen for that purpose.* Shirley also applied at the same time for the same purpose to New York and New Hampshire, and soon after suggested the need to^ Connecticut, but with emphasis to Rhode Island." The governors of the provinces southwest of New Eng- land as far as Pennsylvania, were cordial in their attitude to- ward the proposed expedition and sent assurances that they would use their most hearty endeavors tO' secure support for it from their respective governments." In the case of Governor Clinton of New York, although he secured no 'Shirley to Newcastle, Mar. 27, 1745, Sh. Cor., vol. i, p. 196. 'i?. /. Col. Recs., vol. V, p. 114. ' Rhode Island remained a trial to Shirley throughout the struggle for Louisburg. The ancient stronghold of spiritual and other liberty served as a hiding-place for men who had fled from ^Massachusetts after impressment whether for service for protection of the frontiers, or in the expedition. Shirley to Wanton, June 6, 174S, R. I. Col. Recs., vol. V, p. 136; Sh. Cor., vol. i, pp. 227-228, and note 3. 'Shirley to Wanton, June 6, 1745, R. I. Col. Recs., vol. v, p. 136; ibid., June l8, 1745, p. 118. 'Shirley to Newcastle, June i, 1745, C. O. 5 900, 188; Shirley to Law, June IS, 174s, Conn. H. S. Colls., vol. xi, pp. 302-304; Sh. Cor., vol. i, p. 229. •Shirley to General Court, Apr. 3, 1745, Ct. Recs., vol. xvii (4), pp. 713-719; Morris to Shirley, Feb. 20, 174S, and Thomas to Morris, Feb. 12, 174s, N. J. H. S. Colls., vol. iv, pp. 231-232. 270 WILLIAM SHIRLEY— A HISTORY aid from his assembly he promptly furnished on request " a considerable tram of artillery " to be used against the de- fenses of Louisburg/ This consisted of ten eighteen pounders.^ Clinton also sent provisions for the support of the expedition.^ Governor Morris of New Jersey regretted to inform. Shirley that the Quaker influences in both Pennsylvania and New Jersey gave little hope that the enterprise would be supported in that quarter.* His forecast was correct in both instances. However, upon a later application by Shirley to New Jersey for aid, with the statement that the king had given his support to the expedition,^ the assembly unanimously voted to transfer £2,000 held in the treasury for other purposes, to a fund for the purchase of provisions for the expedition. ° This was enacted into law June ist.^ Governor Morris explained that this unexpected action did not arise from interest in the expedition, but from a desire to empty the treasury and create grounds for demanding an issue of £40,000 in bills of credit.^ Governor Thomas of Pennsylvania combined with his cordial good-will and pledges to urge the matter upon the assembly the candid opinion that dependence upon aid out- side of New England of the varieties to which Shirley had referred would be " very wild." ° 'O. Recs., vol. xvii (4), pp. 713-719. 'Hutchinson, op. cit., vol. ii, p. 371. ' Catherwood to Morris, June 16, 1745, A'. /. H. S. Colls., vol. iv, p. 252^ 'Morris to Shirley, Feb. 20, 1745, ibid., pp. 231-232. * Shirley to Morris, May 18, 174S, ibid., pp. 241-242. •Morris to Shirley, May 24, 174S, ibid., pp. 247-248. ''Ibid., p. 249. " Morris to Shirley, June 21, 1745, ibid., p. 253 ; Morris to Phips, Sept. 2, 174s, ibid., p. 267. 'Thomas to Morris, Feb. 12, 1745, ibid., p. 231. LOUISBURG— PREPARATIONS 271 The Pennsylvania assembly went further, however, by pointing out that they had not been consulted beforehand as to undertaking the enterprise or the manner of conducting it, and that it was then too late for alterations if they were desired by other colonies. They considered that " if the design succeed, they will be entitled to but small part of the honour, if it miscarry, they may indeed be time enough to share a principal part of the disgrace." iloreover, they added, " we should think it not prudent to unite in an enter- prize where the expence must be great, perhaps much blood- shed, and the event very uncertain." ^ In May Governor Thomas, having received a letter from Shirley and another from Warren begging him to send men and provisions to Louisburg, called a session of the assembly and presented the matter to them anew." After more than a month's delay '' he elicited from them the judgment that " the enterprise against Cape Breton is a private undertak- ing of the government of New England, in which they did not think fit to consult the neighboring colonies, and wherein, if the design succeeds, they themselves will receive the principal benefit, and therefore they have no right to involve us in the expence." The assembly requested delay until specific information as to what share in the expedition had been directed from home before " coming to any further resolution in the affair." Nevertheless it placed an em- bargo upon all powder to be kept for use at Cape Breton.* In July, upon hearing of the surrender of Louisburg and being informed of Newcastle's plans of the preceding ^Minutes of the Provincial Council of Pennsylvania^ from the Or- ganization to the Termination of the Proprietary GoTernment {Mar. 10, 1683-Sept. 37, 1775] (Phila., 1851-1852), Mar. 4, 1745, vol. iv, p. 755. 'Ibid; May 27, 1745, pp. 761-762. 'Ibid., July 4, 1745, p. 763. *Ibid., July 5, 1745, pp. 763-764- 272 WILLIAM SHIRLEY— A HISTORY January for the protection oi the colonies or for attacking the French, they voted ^4,000 to purchase provisions for the king's service/ To Governor Wentworth of New Hampshire Shirley ex- pressed the opinion that that province was " more deeply interested in the event of this expedition than any of the other colonies," since without the conquest of I^ouisburg, Nova Scotia and the eastern settlements of Massachusetts must fall, leaving New Hampshire the frontier of New England, while the capture of Louisburg would mean the fall of 'Canada.^ Realizing that Wentworth might be bound by his instructions from home to refuse his assent to issues of paper money necessary to the raising of forces in New Hampshire, Shirley revealed that he himiself had re- ceived permission to consent to emergency issues of paper for necessary war purposes, expressed confidence that Went- worth would be approved rather than censured for violat- ing his instructions upon that point in the existing emer- gency,* and in response to Wentworth's request sent a copy of his own instructions upon that head for inspection.* The matter was submitted to the New Hampshire as- sembly on February ist and 2d, and they promptly passed a ^Ibid., July II, 1745, P- 764; July 22, 1745, p. 768; July 27, 1745, p. 769. 2 Shirley to Wentworth, Jan. 31, 1745, N. H. Pr. Ps., vol. v, p. 932, Sh. Cor., vol. i, p. 177. "Shirley to Wentworth, Feb. 2, 1745, N. H. Pr. Ps., vol. v, p. 933, 5/1. Cor., vol. i, p. 178; Feb. 3, 1745, AT. H. Pr. Ps., vol. v, p. 933, Sh. Cor., vol. i, pp. 178-179 (extract). 'The New Hampshire assembly proposing to put on distant years the drawing in of bills of credit for the support of the expedition, he suggested, in case the assembly would not yield, that the men raised in New Hampshire serve in the pay of Massachusetts, a lieutenant-colonel and major to be selected from New Hampshire and arms to be furnished by that province. Shirley to Wentworth, Feb. 9, 1745, A^. PI. Pr. Ps., vol. V, p. 934. LOUISBURG— PREPARATIONS 273 vote for rziising 250 men to join the expedition, afterward increasing the number to 350 men/ The action of Connecticut was more deliberate than that of New Hampshire. It was necessary to call a special ses- sion of the assembly, which sat from the 26th to the 29th of February, tO' act upon the great enterprise. By that time the participation of Massachusetts and New Hampshire troops was assured and Rhode Island had provided for fitting out her colony sloop. Connecticut thereupon de- cided tO' make it a thoroughgoing New England enterprise by joining to it a body of 500 troops,^ to be accompanied by the colony sloop as a convoy for the transports on the way to Cape Breton. The embarkation point was New London and Roger Wolcott was named to command the Connecticut levies. Afterward Wolcott was made second in command under Pepperrell, who was commissioned by Connecticut, and the force was merged with the other troops of the expedition.^ These forces were voted four months' provisions.* Upon hearing of the action in New Hampshire and the apparently favorable sentiment in Rhode Island Shirley sent out another circular letter toi the other governments, recounting what was under way in the small neighboring colonies (giving, as ilt proved, a so'miewhat over-optimistic forecast of the action toi be expected in Rhode Island), and also reporting rapid progress in Massachusetts.'' This, 1 Ibid., pp. 271, 27s, 279, 291. "A false report seems to have reached Shirley on March 6th, that Connecticut was to raise 1,000 men. Shirley to Wentworth, Mar. 6, 174s, Ai". H. Pr. Ps., vol. V, p. 940. * 6 Mass. H. S. Colls., vol. x, p. 497. * Conn. Col. Recs., Feb. 26, 29, 1745, vol. ix, pp. 83-89. ' It was sent to Connecticut, New Jersey and Pennsylvania, and probably to the others outside New England to whom appeals had been made. Shirley to Law, Feb. 4, 1745, Conn. H. S. Colls., vol. 274 WILLIAM SHIRLEY— A HISTORY however, seeitis to have had slight influence upon develop- ments. Meanwhile, Shirley was beginning to carry intO' execu- tion the program authorized by the Massachusetts general court. By March 31st, he had entered in earnest upon the task of raising the forces. It has been represented that the governor had much difficulty in selecting a suitable com- mander/ but such difficulties probably were largely political. It was hardly to be questioned that the chief command would go to a Massachusetts man, since most of the men to- serve under him would clearly be from that province. Since no- large body of New England troops had been in the field for a generation there were no available leaders experienced in the handling of such operations as were now contemp- lated. The province, however, had a military organiza- tion, the militia. The amount oi technical military trainn ang derived through it was slight, but nevertheless those units of the militia stationed or residing on or near the fron- tiers had had a taste of service in guarding against Indian depredations. It was in this service that such military leaders as Massachusetts po-ssessed had been trained. The province had two' frontiers, the eastern and the western, on either side of New Hampshire, and the two areas were entirely independent of each other in military matters. It thus happened that there was one organization in Maine and the eastern settlements and another in the Con- necticut and Housatonic valleys and adjacent territory, the respective chiefs of which knew no superior but the gover- nor, and exercised large discretion under him in time of crisis. It may be inferred that the responsibility for main- xi, pp. 255-256; Shirley to Morris, Feb. 4, 174S, N. J. H. S. Colls., vol. iv, pp. 230-231; Shirley to Thomas, Feb. 4, 1745, Sh. Cor., vol. i, pp. 179-180. 'Hutchinson, op. cit., vol. ii, p. 369. LOUISBURG— PREPARATIONS 275 taining a ceaseless guard against Indian surprises along a frontier of from fifty tO' 100 miles was calculated tO' develop some of the qualities of a successful commander. The men who' would logically be considered for the com- mand of the expedition were the men who had served in these responsible posts, Colonel William Pepperrell of Kittery in Maine and Colonel Johm Stoddard of Northamp- ton in the Connecticut valley. Of the two it is not im- probable that Stoddard was the abler, and the better fighter. On the other hand he was needed to hold secure his frontier against any diversion which might be attempted from Crown Point or Canada. Besides, Stoddard, while yet active was no longer young and might not prove equal to the fatigues attending the command of an army in the field. By contrast, Pepperrell, if leading the expedition, would be covering the frontier which he customarily commanded, and he was then in the prime of life. As a further qualifi- cation, Pepperrell had a pleasing personality, and hisi popularity among the inhabitants east O'f New Hampshire would ensure a large enlistment there for the expedition, and tO' a less extent help to- attract recruits everywhere. Shirley doubtless took note of these considerations in naming Pepperrell to the command.^ According to a time-honored story Pepperrell hesitated whether toi take the proffered honor and responsibility and finally accepted after being advised to do so by Whitefield, the evangelist, who was just then engaged in arousing the New England idealism to unprecedented instances of re- ligious fervor. By this act and by furnishing the assembling legions with a slogan of spiritual import, the great revivalist proved himself a patriot and materially aided in the secur- ^ He received his commission as lieutenant-general on January 31st. 6 Mass. H. S. Colls., vol. x, p. 497. 276 WILLIAM SHIRLEY— A HISTORY ing of men/ Thus Shirley's enterprise, to which he had given the momentum of a battering ram at the gates of Canada, became a crusade against CathoHcism, which to the New England mind of the day was pagan in spirit and sacrilegious in form. Pepperrell also received commissions from Governors Law of Connecticut and Wentworth of New Hampshire under which he was authorized to command the troops raised in those colonies for the expedition.^ The selection of the other higher ofKcers for the land forces was com- pleted by the naming of Roger Wolcott, of Connecticut, as a major-general, second in command, and of Samuel Waldo and Joseph Dwight as brigadier-generals. Waldo was second to Pepperrell in command of the Massachusetts troops.' The raising of the New Hampshire levies lagged for about two weeks, while \\''entworth and the assembly sparred over the terms for issues of bills of credit. Went- worth constantly consulted Shirley, as he continued to do whenever possible, and Shirley not being able to break the New Hampshire deadlock began to despair of any troops thence. On the fourteenth of February he repeated to Wentworth a suggestion of the ninth of that month that for fear it might prove impossible to secure troops in New 'The motto attributed to Whitefield is "Nil desperandum Christo duce." For Whitefield's connection with the expedition, cf. Philip, The Life and Times of the Reverend George White-field (Xew York, 1838), pp. 308-309; De Xormandie, "Sir Wm. Pepperrell," in 2 Mass. H. S. Proc, vol. xvii, p. 89; Johnson, op. cit., p. 24; Parsons, The Life of Sir Wm. Pepperrell (Boston, 1855), pp. 51-52. '6 Mass. H. S. Colls., vol. x, p. 497; Conn. Col. Recs., vol., ix, p. 92. => Shirley to ^^'olcott, Mar. 8, 1745, Conn. H. S. Colls., vol. ii, p. 259, Sh. Cor., vol. i, pp. 193-194; Commission to ^^^aldo, Feb. 5, 174S, C. O. 5 753; Shirley to Pepperrell, July 7, 1745, 6 Mass. H. S. Colls., vol. X, p.p. 322-324, 497, Sh. Cor., vol. i, p. 238. LOUISBURG— PREPARATIONS 277 Hampshire in her own pay Wentworth raise men to be paid by Massachusetts ; and he now suggested further that he use six blank beating orders ^ signed by Shirley for raising them. At the same time he info'rmed Wentworth : " It would have been an infinite satisfaction. tO' me, and done great honour to the expedition, if your limbs would have permitted you to have taken upon you the chief command." ^ At once activity appeared in New Hampshire. The next day after Shirley's letter was sent a reply was back from that province recording that Wentworth had succeeded in securing from the assembly a more favorable act for issues of bills of credit, and offering his services as commander-in- chief of the expedition.* There was no doubt now of Wentworth's patriotism and gallantry, sans penr de la gout. Shirley after a seemingly necessary delay during a day spent in inspecting Castle William with " a num^ber of gentlemen," expressed gratification at the posture of af- fairs in New Hampshire, suggested raising if possible and as rapidly as might be 150 men beyond the New Hampshire quota of 250 men, to be paid by Massachusetts but " ag- gregated to " the New Hampshire contingent, and promised to lay Wentworth's offer of his personal services in the expedition before his council and officers at the first op- portunity. In conclusion he said : " Should it turn out that you proceed upon this service, I do assure you it will be a great satisfaction to me." * Another letter from Shirley on the same day informed Wentworth, in the postscript : "Upon communicating your offer of your taking the command of the expedition and proceeding in it, to two or three gentle- '■ Orders for beating drums in designated localities to attract volunteers. 'Shirley to Wentworth, Feb. 9 and 14, 1/45, N. H. Pr. Ps., vol. v, PP- 934, 935- ' Shirley to Wentworth, Feb. 16, 174S, N. H. Pr. Ps., vol. v, pp. 935-936. *IMd. 278 WILLIAM SHIRLEY— A HISTORY men in whose prudence and judgment I most confide, I found 'em clearly of opinion that any alteration of the present command would be attended with great risque, both with respect to our assembly, and soldiers being entirely disgusted." ^ The provision for the New Hampshire forces was now complete, however, and although 100 of them were in the pay of Massachusetts, a total of about 350 New Hampshire men went in the expedition. A few days later Shirley wrote Wentworth to transmit to himi the order in council directing New Hampshire to provide for Fort Dummer. This had been received from home before the Louisburg expedition was proposed in Mas- sachusetts. The delay in transmission Shirley explained as due to reluctance " to divert your excellency with any new business, from the great and important affair of the ex- pedition, . . . together with the close application of my own mind to- that affair." ^ As early as February 3d, the recruiting of troops began through the Massachusetts system of authorizing selected individuals to raise companies of volunteers with the prom- ise of the command of the company when raised.' These companies were then organized into regiments under colonels named by the governor. As the men thus enlisted were taken out of the militia of the province the forces available for the defense of the frontiers were decreased in number, resulting in a real problem upon both the eastern and western borders. The difficulty, however, was much more acute to the eastward, where the settlements were sparser ^Ihid., p. 936. • Shirley to Wentworth, Feb. 2S, I74S) ibid., p. 303 ; New Hampshire Historical Society Collections, vol. i, pp. 146-147. 'Proclamation for raising troops, Feb. 3, 174S, Boston Public Library Mss., iCh. E, 10, 103 ; such a proclamation is printed in Sh. Cor., vol. i, p. 181. LOUISBURG— PREPARATIONS 279 and the enthusiasm for the expedition greater. There, partly through the influence of Brigadier-General Samuel Waldo, the settlers in the Pemaquid district and eastward, where he had established flourishing settlements, joined in the expedition with such unanimity that the fron- tier was well-nigh abandoned. Seeing this, the frontier Indian tribes took advantage of the opportunity to destroy the settlements at Lincoln and Leverett in the country east of the Kennebec.^ The expedition evoked enthusiasm everywhere in the province, and therefore detachments were rapidly raised, marched to rendezvous and there billeted and drilled until the time for general mobilization came.^ A detachment of 1 50 grenadiers for hand-grenade service was organized and trained at Boston, and a careful inventory taken of all ordnance and other military material.^ To secure neces- sary war supplies Shirley did not hesitate to impress them wherever found.* Skilled men for non-combatant services required for the expedition were eagerly sought and when necessary received exemption from military service."' The raising of men was miade the first consideration and the bestowing of offices or the raising of companies of uniform size a secondary one.® On February 17th, Shirley sent ' Certificate by Pepperrell, Mar. 4, 1747, C. O. 5 753. 'Proclamation, Feb. 13, 174S, Sh. Cor., vol. i, p. 182; Shirley to Pepperrell, Feb. 13, 1745, ibid., p. 183. ^Ibid.; (Shirley to Wentworth, Feb. 16, 174s, N. H. Pr. Ps., vol. v, pp. 935-936. VShirley to Wanton, June 24, 1745, R. I. Col. Recs., vol. v, p. 137, Sh. Cor., vol. i, p. 231 ; Ar., vol. Ixxii, fols. 709-710. 'For Shirley's' order exempting twenty iron workers from military service, April 13, 1745, cf. Pub. Col. Soc. Mass., vol. vii, pp. 89-90. •Shirley to Pepperrell, Feb. 14, I74S. Sh. Cor., vol. i, pp. 184-185; Shirley to Wentworth, Feb. 26, 174S, ibid., p. 187, N. H. Pr. Ps., vol. V, p. 936; Shirley to Pepperrell, Feb. 26, 1745, 5"^. Cor., vol. i, p. 189. 28o WILLIAM SHIRLEY— A HISTORY directions to Pepperrell to order a general mobilization from his district at Boston, where the troops would be armed and drilled/ The Massachusetts assembly acted vigorously to insure success by making the necessary appropriations for land and sea forces.^ Later they provided loyally for the debts incurred on account of the expedition.® They also freed volunteers until their return from the expedition from lia- bility to arrest for debt.* It was perhaps inevitable in view of the shortness of the time available that the strength of the expedition should be drawn almost wholly from New England. Moreover, the colonies beyond New England were outside the natural sphere of influence of Shirley, who' had at the time no basis for acting as their political mentor. Within New England, however, the Massachusetts governor, by the exercise of tact and skill in urging an issue whose intrinsic appeal throughout that region was powerful, succeeded in over- coming the ever-present jealousy and dislike of two out of three of the colonies to the north and south of her. How far the aloofness of Rhode Island was due in general to her notorious selfishness and how far to resentment over the boundary dispute, in which Shirley had been active, is not clear. 'Shirley to Pepperrell, Feb. 17, 1745, Sh. Cor., vol. i, p. 185; Feb. 18, 1745, ibid., p. 186. ^A. and R., vol. iii, pp. 199, 204. ^Ibid., pp. 245, 2SS, 261, 293. *Ibid., p. 194. CHAPTER XIII LOUISBURG THE EXPEDITION The preparation of the vessels for embarking the Massa- chusetts forces was practically complete by the end of Feb- ruary/ and the number of seamen required for the trans- ports and the armed vessels of the province was so great that Shirley had already applied to Wentworth in New Hampshire to supply the captain of a British man-of-war with twenty men needed for his crew.^ Shirley sought to have the New Hampshire forces sent tO' Boston for em- barkation,' but this plan proved inconvenient for the de- tachment from that province.* On March 8th, the Massa- chusetts forces began to embark/ Before the preparations for departure were completed Shirley sent gradually the larger part of the little Massa- chusetts navy, including three twenty-gun ships, two sixteen- gun sno'ws, and a brigantine tO' cruise off Louisburg tO' in- tercept news, recruits or supplies which might be sent there before the troops arrived." He held as convoy for the transports a snow of twenty-four guns, and other weaker vessels. He counted also upon the aid of the Connecticut colony sloop when the troops were sent thence, and was hopeful but not confident of the Rhode Island colony sloop 'Shirley to Pepperrell, Feb. 26, 1745, Sh. Cor., vol. i, p. 189. 'Shirley to Wentworth, Feb. 25, 1745, N. H. Pr. Ps., vol. xviii, p. 216, Sh. Cor., vol. i, p. 189, note. 'Shirley to Wentworth, Feb. 27, 1745, N. H. Pr. Ps., vol. v, p. 937; Mar. I, 174s, ibid.; Mar. 2, 174s, ibid., p. 938, Sh. Cor., vol. i, pp. 190-191. *Ibid. 'Shirley to Pepperrell, Mar. 8, 174S, ibid., p. 193. •Shirley to Wentworth, Mar. 27, 1745, N. H. Pr. Ps., vol. v, p. 941. 281 282 WILLIAM SHIRLEY— A HISTORY and the 150 men voted by that colony; but neither were ready at the end of March. Meanwhile the goivernor's lapplication to Commodore Warren had been only moderately fortunate. Shirley's appeal reached himi February 226. and Warren replied two days later that he had been ordered by the admiralty to proceed to New England in the Weymouth some time in March but that that vessel had been lost. In a few days, however, he would send the Lcmnceston to New England and the Mermaid to New York, pursuant to orders from home. This division of the naval strength along the sea- board, however necessary because of orders, was not con- ducive to success' at Louisburg. Shirley believed Warren free to send both vessels directly to Louisburg, and thought he should have done so, whereby the English naval force off the harbor would have exceeded any French force likely to appear. Shirley also encountered what looked much like pro- fessional jealousy (but may have been due to other causes) in the case of Admiral Knowles at Jamaica. That officer learned thait the " Bien A my Prize," which he had sent to New England partly for masts, could not secure a cargo till July, but was desired by Shirley to cruise off Louisburg till the middle of May. The admiral thereupon dispatch'd orders for the Bien Amy Prize to return to Antigua instantly without staying for masts fit for repairing the Jamaica ships, that suffered in the hurricane, which seems to have a tendency to disappoint the service at Jamaica as well as the expedition; whereas had my request of the assistance of that ship been allowed it would have answered both ser- vices.^ ' Shirley, however, at about this time was apparently still counting upon Captain Gayton, in command of the " Birn Amy," to sail for Louisburg in a few days. (Shirley to Wentworth, Mar. 27, 1745, A^. H. LOUISBURG—THE EXPEDITION 283 Despite the uncertainty of the outcome, in the absence of any naval force other than that of Massachusetts with shght reinforcements from New England, Shirley was still resolute enough to go forward, hopeful for large success, confident of valuable results even if Louisburg were re- lieved and maintained/ When the fleet was ready he issued his sailing orders for the expedition prescribing the line of battle for the ships.^ To avoid if possible the giving of warning to the enemy of the approach of the large squadron of transports and fighting ships to Cape Breton, he arranged to send a privateer and another vessel with fifty soldiers on March 27th, a day or two ahead of the fleet, to capture or destroy any small fishing sloops or shallops which might be near Cansoi, and in general tO' clear the coast of any vessels by whom news of approach of danger could reach Louis- burg.' The first squadron of the expedition took on 2,8cx) sol- diers at Nantasket on March 24th, the remaining 200 raised by Massachusetts were aboard the transports two days later, and the squadron, sailing soon after, proceeded to Canso, where they joined the New Hampshire men.* The Con- Pr. Ps., vol. V, p. 941.) Three days later, he informed General Wolcott of his disappointment in not securing Gayton to convoy the iConnecticut forces to Louisburg. (Shirley to Wolcott, Nov. 30, 1745, Sh. Cor., vol. i, p. 201.) The order to Gayton to report at once in the West Indies was very likely due to the presence there early in the spring of a strong French fleet. (Clinton to 'Morris, Apr. 12, 13, 1745, N. J. H. S. Colls., vol. iv, pp. 233-234.) This fact, however, could not be known to Shirley. 'For the situation relating to the strength and disposition of the sea power available for the expedition, cf. Shirley to Newcastle, Mar. 27, 174s, Sh. Cor., vol. i, pp. 196-199. 'Mass. Admiralty Recs., vol. v. 'Shirley to Wentworth, Mar. 10, 1745, N. H. Pr. Ps., vol. v, p. 940; ibid., Mar. 27, 1745, p. 941. *(5 Mass. H. S. Colls., vol. x, pp. 124-125; Ct Recs., vol. xvii (4), 284 WILLIAM SHIRLEY— A HISTORY necticut levies of 500 men were necessarily later, but sailed about the middle of April/ Shirley's instructions to Pepperrell gave him control of both fleet and army. These also directed the operations later carried out at Canso and St. Peter's. As to the opera- tions against Louisburg, they were what previous utterances by Shirley would suggest. They provided a plan for a surprise attack in case it were feasible, but not relying upon that method. Pepperrell was also to send news of his ar- rival before Louisburg to the British squadron at New- foundland and of the taking of the grand battery, when ac- complished, to the Duke of Newcastle.^ A few days after issuing these instructions additional ones were added by Shirley to insure, if possible, the coopera- tion of the Massachusetts vessels tO' safeguard the landing of the troops, and after the landing to secure proper com- munications between them and Boston and also between them and the provincial vessels off the coast. A final in- struction in the postscript left Pepperrell to use his own discretion in any case.^ If in view O'f the absence of assurances of adequate and timely naval support the darkness enveloping the Louisburg expedition when it left the shores of New England was relieved by few signs of dawn, the gloom only presaged the quick arrival of the sunlight. The orders from the ad- miralty to Commodore AVarren directing him to proceed with the Superhe, Launceston and Mermaid to Boston to p. 714. The New Hampshire force arrived at Canso four days ahead of the Massachusetts levies, and probably soon enough to nullify the effort to prevent the news of the approach of troops from reaching Louisburg. Hutchinson, op. cit., vol. ii, p. 371 ; supra, p. 281. ' Saltonstall to Law, Apr. 17, 1745, Conn. H. S. Colls., vol. xi, pp. 281-282. 'Shirley to Pepperrell, Mar. 19, 1743, Mass. H. S. Colls., vol. i, pp. 5-11. 'Shirley to Pepperrell, Mar. 22, 174S, ibid., pp. 12-13. LOUISBURG—THE EXPEDITION 285 concert measures with Shirley for the protection of the northern colonies ^ reached him on March 8th/ less than two weeks after his unsympathetic response to Shirley's appeal for aid.^ Upon receipt of them Warren notified Shirley promptly of their contents, his letters upon the subject reaching Boston on March 30th/ just after the Massachusetts forces sailed.^ Thereupon Shirley at once wrote Warren suggesting that he send one ship at least directly to Louisburg tO' join the squadron off the harbor. Having heard nothing further from Warren five days after the receipt of his letters announcing his coming, Shirley suspected he had sailed with his entire squadron to Louis- burg. This suspicion was verified on the iith.^ Warren acted with great energy and judgment, directing his course for Boston as ordered until within thirty leagues of that port, when, learning from: a passing vessel that the expedi- tion had sailed for Canso, he picked up a skilled pilot from' a fishing vessel and steered at once to that place, without waiting to take on supplies of food or full ordnance stores and with one vessel not wholly fit for immediate service. From Canso, after conference with Pepperrell, he proceeded at once to Louisburg, making the blockade of that place effective.'' Shortly after came Warren's order to the Bien 1 Cf. Newcastle to Shirley, Jan. 3, 1745, Sh. Cor., vol. i, pp. 155-156. ^Shirley to Newcastle. Apr, 4, 1745, C. 0. S 900, 171; Shirley to Board, Apr. 4, 1745, C. 0. 5 885, 127, Ff, 78. 2 Cf. supra, p. 282. 4 Shirley to Board, )Apr. 4, 1745, C. 0. 5 885, 127, Ff, 78; Shirlej to Newcastle, Apr. 4, 1745, C. 0. 5 goo, 171. 'Shirley to Wolcott, Mar. 30, 1745, Conn. H. S. Colls., vol. xi, pp. 272-273, Sh. Cor., vol. i, p. 201. ^For the news of Warren's course, cf. iShirley to Newcastle, Apr. 4, 174s, P. S., Apr. II, 1745, C. 0. S 900, 171. 'Shirley to Newcastle, Oct. 28, 174S, C. 0. 5 900, 245. (This portioti of this letter is omitted from the copy published in Sh. Cor., vol. i, pp. 273-279.) Hutchinson, op. cit., vol. ii, p. 372. 286 WILLIAM SHIRLEY— A HISTORY Aime and the Elthwm to proceed at once to Louisburg. Shirley by prompt action intercepted the latter as it was sailing for London/ While this squadron remained before Louisburg all uncertainty as to the English naval superiority there vanished. There was a temporary doubt whether some of Warren's vessels would not be detailed for service in the West Indies to aid Knowles, who seemed tO' be menaced by a consider- able French fleet, which might attack the British possessions there or the southern mainland ; ^ but it was decided that this interference with the Louisburg campaign was not practic- able and probably not necessary.^ Meanwhile Shirley's letter tO' Newcastle of February 1st announcing the undertaking of the expedition had reached England on March i6th. For once America fur- nished a sensation. The Duke of Newcastle was absent from London when Shirley's urgent letter arrived, but Mr. Stone, the duke's secretary, saw the need for action and " instantly lay'd my letters before his majesty." It was recognized that an emergent American question had arisen, and therefore not only did his majesty upon reading the letters approve the expedition, and refer the letters to the lords of the admiralty, but that board was hurriedly called together at eleven o'clock at night, and showed so much haste as hardly to allow Captain Loring (one of the group who had devised the much discussed plan for the expedition), whom Shirley had sent as a pilot for any vessels ordered to Louisburg, any time for sleep before being " sent tO' Portsmouth from ' Shirley to Wentworth, Apr. 15, 1745, N. H. Pr. Ps., vol. xviii, p. 224; Shirley to Admiralty, Apr. 18, 1745, Ad. I, 3817. 2 Cf. supra, p. 282. 'Shirley to Warren, Apr. 17, 1745, C. 0. 5 900, 175, Ad. I, 3817; Shirley to Newcastle, Apr. 18, 1745, C. 0. 5 900, 173; Shirley to New- castle, Apr. 30, 174s, C. 0. 5 900, 177. LOUISBURG—THE EXPEDITION 287 whence he proceeded in his majesty's ship Princess Mary on the 19th in company with some other men-of-war, directly for Cape Breton, in expectation of meeting the New England forces there." ^ Thus was the project of the admiralty of the month before to send aid to the north- ern colonies as early as possible ^ brought to an unexpectedly early fruition. With the sending of this squadron and the implied intention to send troops promptly tO' occupy and if necessary to complete the conquest of the fortress, the ex- pedition was insured against any reasonable expectation of failure, and the soundness of Shirley's judgment in seiz- ing the psychological moment for launching New England against the fortress was vindicated. He had read the miinds of his people and of the ministry aright. The Princess Mary arrived at Boston on May 5th ^ for slight repairs, whence she proceeded for Louisburg after a few days.* Without counting the forty-gun ship Hector, hourly expected, there were now available for service off Lotiisburg the vessels indicated by the appended table.^ 'Kilby to Newcastle, Apr. 3, 1745, C. O. 5 900, loose at end; Shirley to Pepperrell, May 5, 1745, Mass. H. S. Colls., vol. i, p. 25; Shirley to Wentworth, May s, 1745, N. H. Pr. Ps., vol. xviii, p. 225. 2 Order in O., Feb. 7, 174s, C. 0. $ 885, 119, Ff, 76. ' Shirley to Pepperrell, May S, 1745, Mass. H. S. Colls., vol. i, p. 25. 'Shirley to Newcastle, May 12, 1745, C. O. S 900, 179. ' Large English Ships. Guns. Total Guns. 2 60 120 1 so (reduced) 50 2 (third expected) 40 80 1 34 34 Totals . . 6 284 Smaller New England Ships. Guns. Total Guns. 4 20 80 2 16 32 I 16 (brigantine of nearly) 16 Totals.. 7 128 (approximately) 288 WILLIAM SHIRLEY— A HISTORY Meanwhile, the only French vessel which had entered! Louisburg that spring, Warren reported, was a fourteen- gun ship, loaded with wine and brandy, which had slipped through in the fog. Warren, however, in anticipation of the arrival of the large ships from England, sent to New- foundland for warships stationed there/ Even before hearing that Warren had proceeded to' Louisburg Shirley wrote to Pepperrell a suggestion which seems tO' have been based upon keen insight into the character of the men concerned. " It is a general obser- vation," the governor said, " that the land and sea forces, when joined upon the same expedition, seldom or never agree, but I am persuaded it will not be sO' between you and Commodore Warren, as any misunderstanding between you might prove fatal to his majesty's service in the expedi- tion." ^ Later friction between the two commanders, though not injurious to the success of the imdertaking, gave point to the warning.' Before this stage had been reached the land forces were also under way. No' mishap attended the transportation of the army. The Massachusetts and New Hampshire fleets were together at Canso, with the exception of a few in a neighboring harbor, by April loth. Pepperrell landed his troops and held a review on Canso hill, finding them in good condition, while there had been but three deaths among 1,400 seamen in the Massachusetts fleet.* Eighty men who 'Warren to Shirley, May 12, 174S, C. O. S 900, 187. 'Shirley to Pepperrell, Apr. 10, 174S, Mass. H. S. Colls., vol. i, p. 17, Sh. Cor., vol. i, p. 205. 'Pepperrell to Shirley, July 17, 174S, 6 Mass. H. S. Colls., vol. x, pp. 329-331, Sh. Cor., vol. i, pp. 250-251 ; iShirley to Pepperrell, July 29, 174s, 6 Mass. H. S. Colls., vol. x, pp. 338^342, Sh. Cor., vol. i, pp. 2S9-26a ^Shirley to Newcastle, Apr. 30, 1745, C. O. S 900, 177. Cf. also "Journal or Minutes made in an Expedition against Louisburg, Anno LOUISBURG—THE EXPEDITION 289 were posted there erected during the spring and summer a well-defended blockhouse with eight cannon/ The expedition was held at Canso for nearly three weeks while the exceptional quantities of ice in " Chappeaurouge " bay, where the landing on Cape Breton was tO' be made, was melting.^ Meanwhile the commander at Louisburg discovered the fleet of New England ves'sels cruising off the harbor, and suspecting a contemplated attack, brought 1,000 men from the outlying settlements into Louisburg.^ It was later learned that the presence of the expedition at Canso was known at Louisburg, which made a successful surprise improbable.* It was also later learned that the French in Canada had been informed by the Indians of the preparations in New England against Louisburg, but they were not sufficiently impressed to send reinforcements tO' the fortress, evidently counting upon its relief from France.^ Warren, having taken up his station off Louisburg, April 25th, according to a despatch to the substantial Gentle- man's Magazine, " sent for the troops at Canso to come im- mediately and join him." Meanwhile it was reported he had captured a sloop, two brigs and a ship from Martinique attempting to enter the harbor." News was received in England a few weeks later through a French vessel which had escaped from Louisburg that six men-of-war and f orty- Domini, 174S," Am. Ant. Soc. Proc, n. s., vol. xx, pp. 141-144; Shirley, lournal of the Siege of Louisburg . . . , appended to his Letter to the Duke of Newcastle, Oct. 28, 1745 (London, 1746), pp. 17-18. VShirley to Newcastle, May 21, 1745, C. O. S 900, 179; Pepperrell to Cutter, Apr. 14, 1745 and account for building fort at Canso, T i 321. ^ Shirley, lournal, loc. cit., p. 17; Shirley, Letter to the Duke, p. 4. ' Shirley to Board, July 10, 1745, Sh. Cor., vol. i, p. 242. * Waldo to Shirley, May 12, 1745, C. O. S 900. ' Shirley to Admiralty, June 17, I74S, Ad. I, 3817. * Gentleman's Magazine, vol. xv, p. 334. 290 WILLIAM SHIRLEY— A HISTORY one transports were lying before Louisburg and had taken a French sixty-four-gun ship, portending the reduction of the place at an early date/ On the 29th of April, the conditions at Louisburg war- ranting the attempt to land, the forces under Pepperrell sailed from Canso, the squadron of transports in four divi- sions convoyed by three Massachusetts vessels. In the middle of the following forenoon they reached Chapeau- rouge bay, and landed with few casualties after a brisk skirmish.^ The landing of the troops occupied two' days. That of the supplies went forward gradually and with difficulty, as there was no harbor and consequently no wharves or other conveniences, and the surf was often high. Thisi task occupied about two weeks of arduous labor.^ On the second day after their arrival 400 men were sent to the rear of the town and destroyed houses and stores with- in a mile of the grand or royal battery. This work was one of the chief defenses of the harbor, commanding its entrance as well as the citadel and town ; * nevertheless the French promptly and apparently in panic, abandioned the position. Thereupon a party of about fifteen New Englanders upon the following day took possession of it with astonishment and aplomb, and defended it against recapture with distin- guished gallantry.^ This advantage was promptly utilized by turning the guns, which required little labor to fit them; Ubid., p. 335- 'Shirley, Letter to the Duke, pp. 4-5, lournal, loc. cit., pp. 19-20. 'Ibid., pp. 2021. * Ibid., p. 21 ; Shirley, A letter, etc., op. cit., p. S ; Louisburg in 1745; the anonymous Lettre d'un Habitant de Louisbourg {Cape Breton) .. ., ed. by Geo. M. Wrong (Toronto, 1897), p. 30. '^ Ibid., p. 41; Shirley, A Letter, etc., op. cit., p. 6; Journal, loc. cit.,. pp. 22-23. LOUISBURG—THE EXPEDITION 29.I for service, against the town and the island battery at the entrance to the harbor.^ The siege was begun with a spirit which. took advantage of the obvious confusion of the garrison. The attackers, ahhough their numbers were relatively few to' withstand a determined sortie, for some time covered their base on Chapeaurouge bay only by scouts and skirmish lines, and also discouraged sorties by placing scouts close to the w^Llls.^ The New Englanders, moreover, after overcoming great difficulties in getting their cannon into place, erected five batteries in succession progressively nearer the walls of the town, until at the end of twenty-three days, the fifth was only 250 yards away, so close that the loading of the cannon had to be done under protection of musketry fire.* From this position they were able to batter a breach in the wall, beat down the west gate and greatly distress the town.* Also another battery at some, distance along the shore was. raised and joined its fire against the west gate.^ The chief immediate object of operations, after shutting- the besiegers within their walb and initiating measures', calculated to bring about a capitulation, was to open the harbor to the fleet, which from the other side of the huge- basin would be able to contribute more than any other factor- to the prompt yielding of the fortress. The key to the de- fense of the harbor was the island battery, close to the ship' channel and dominating it at point-blank range. 1 Ihid., pp. 22-23 ; 'Shirley, A letter, etc., op. cit., p. 6 ; Habitant, p. 41. 'Shirley, Journal, loc. cit., p. 22. ^ Ibid., pp. 23-27; Shirley, A letter, etc., op. cit., pp. 6-8; Habitant, pp. 44-45. *Ibid., p. 44; Shirley, Journal, loc. cit., pp. 26-27; Shirley, A letter,, etc., op. cit., p. II. ^Shirley, Journal, loc. cit., p. 28; "Journal or Minutes made in an- Expedition against Louisburg, Anno Domini, 1745," Am. Ant. Soc. Proc.^, n. s., vol. XX, p. 154. 292 WILLIAM SHIRLEY— A HISTORY The lack of soldierly training or of discretion among the New Englanders showed more clearly in the method of handling this problem than elsewhere. Only a few days after the opening of the siege a night assault upon the island battery was planned, but unfavorable weather conditions prevented a serious attempt.'^ On the evening of May 26th, however, a foolhardy assault was made, resulting in heavy losses in killed and captured.^ Meanwhile a valuable addi- tion to the resources of the besiegers had been made by the discovery of twenty-three cannon in the water near the lighthouse across the channel from the island battery.* After taking a week in which to reflect upon their reverse it was decided to erect a battery upon the lighthouse point, which commanded the ship channel and the island strong- hold. This lighthouse battery required but a few days for its completion and caused much havoc among the garrison of the island defenses.* As supplies were very low inside the fortress, its surrender seemed near if the besiegers could, despite much sickness, continue the siege. Meanwhile Warren's squadron had maintained the block- ade 'effectively. Their most important exploit was the capture of the Vigilant, a sixty-four-gun ship, which was trying to get into Louisburg with supplies, and especially munitions of war. The capture of this support from home within the sight and hearing of the garrison, convinced Louisburg that it was doomed. The captured stores, more- over, supplied the besiegers with ammunition and other equipment necessary for the prosecution of the siege. ^ ^Ibid., pp. IS2-IS3. 'Ibid., pp. 158-159; Shirley, Journal, loc. cit., p. 29; Habitant, p. 51. * " Journal or ^linutes," etc., loc. cit., p. 154. *Ibid., pp. 161, 162, 163; Shirley, Journal, loc. cit., pp. 29-31; Habitant, P- 52. ' The credit for this capture has usually been given to Warren, and LOUISBURG—THE EXPEDITION 293 As the middle of June approached, the defenses of the fortress were in a bad way. Not only had the wall been breached, the west gate destroyed and other portions of the walls nearly ruined, but the island battery had been put nearly out of commission, the grand battery was a strong- hold of the besiegers, two other batteries were untenable, one of them with all but three guns dismounted, the town was so badly damaged that but one house was unhurt, and the ammunition of the defenders was nearly exhausted/ The fleet outside, after several accessions of ships of strength, was by this time clearly too strong to be overcome by any French armament which would have been sent, and the distress of the island battery, though not yet reducing it to submission, presaged a time not far distant when the squad- ron would bring its heavy guns within the basin to harass if not destroy the fortress and town. Thoughts of capitulation were now generally entertained. On Warren's part they led tO' a fruitless suggestion from him that the fortress surrender to himself rather than to Pepperrell." It seems that the latter desired the town to surrender before the fleet had become a factor in the re- duction of it.^ The officers of the garrison at first pre- the assumption that the ships of the royal navy deserved the chief credit seems not to have been challenged by Shirley or other spokes- men for the Americans. It appears, however, from the statement of a Frenchman within the town, that but for the address of Captain Rouse of one of the Massachusetts vessels in- leading the Vigilant within reach of the English fleet, she would have escaped into Louis- burg. {Habitant, pp. 45-49, 56.) According to Hutchinson the Vigilant was lured within reach of the English fleet by Captain Douglas of the Mermaid, one of Warren's ships. {Hist, of Mass.~ vol. ii, pp. 374-375.) For other accounts of this affair, cf. "Journal or Minutes, etc., loc. cit., pp. 156, 157; Shirley, A letter, etc., op. cit., pp. 13-14; Shirley, lournal, loc. cit., p. 28. ' Shirley, lournal, loc. cit., p. 31. 'Habitant, p. 57. ^Ibid. 294 WILLIAM SHIRLEY—A HISTORY ferred to surrender to Pepperrell rather than to Warren and made advances toward that end, which, however, were: not sufficiently submissive/ After the failure with Pep- perrell, it appears that Warren was approached and that with him the terms of the capitulation were fixed.^ More- over the keys of the town were delivered to him,^ and it is reported that the intendant insisted that the marines from the fleet be the first to enter the town.* The capitulation prevented the carrying into execution of plans for a general assault upon the place which seemed not unlikely to succeed.^ Shirley's initiative had thus been crowned with success through the cooperation of New England enthusiasm and British naval power, two highly incongruous elements which perhaps Shirley alone could have brought together and made efficient in combination. Moreover, the province had been blessed by the smiles of fortune in the great lottery of war. ^Ihid., p. 59. ^ Ibid., pp. S9-6o; "Journal or Minutes," etc., loc. cit., p. 165. 'Durell, A particular account of the taking Cape Breton from the French . . (London, 1745), p. 3. *A Letter from an ofUcer of marines to Ms friend in London . . . appended to Durell, op. cit. = Habitant, p. 60; "Journal or Minutes," etc., loc. cit., p. 164; "Journal of {Roger Wolcott, at the iSiege of Louisburg, 174S," in Conn. H. S. Colls., vol. i, p. 136. CHAPTER XIV Planning the Conquest of Canada While Governor Shirley gave the impression to his con- temporaries (which has been passed on to their descendants) that he was an enthusiast, and perhaps a httle unbalanced, over the Louisburg expedition, in reality that was toi his mind but a prelude to a much greater achievement, the conquest by England of the great basin upon the flank and rear of the English colonies, with its enormous tributary lands, its unrivalled system of inland waterways and its rich fur trade. He foresaw the great future development which would occur in America, and saw that France was striving mightily to secure the mastery of the North Amer- ican continent as she had already striven for that of the European. It was a simple matter of deduction that if she once controlled America the control of Europe would soon be hers. It is interesting to note that English statesmen in the chief administrative positions at home seemed almost in- variably to suffer from a lack of imagination, which, com- bined with their real detachment from conditions in Amer- ica, resulted in a policy for the empire grotesquely out of perspective. This was not due to necessary ignorance of conditions in America, but tO' neglect or inability to compre- hend the future in the light of the past. Able and alert representatives of the crown repeatedly informed the min- istry and the board of trade, who served as a fountain of information for the ministry, of the rapid progress being made by both French and English in America by diverse 295 296 WILLIAM SHIRLEY— A HISTORY paths. These warnings led to a representation by the board of trade as early as 1720, pointing out that the French were following an aggressive policy and " one day promise them- selves an uni\-ersal empire in America, which ma)- possibly happen, if proper measures are not taken to prevent a design so destructive to the British interest and commerce." ^ But to meet this threat the suggested safeguard was merely forts on the frontier and four battalions of foot for the flanks of the English colonies in Nova Scotia and Carolina respectively." The British ministry in Shirley's time manifestly had no clear conception of the issue, imagining that to maintain the European balance was of vastly greater significance than to upset the American. They had supported the Louisburg enterprise as an excellent opening to strike at the enemy, but apparently would haA'e been even readier to strike in Europe, and probably in India. Shirley had handed Louisburg to the ministry and they had been graciously pleased to ac- cept the gift. It was extremely unlikely that they would have attempted the conquest of it upon their own initiative. It was virtually inconceivable that they would of their own volition undertake to extirpate the French in Canada. Yet, as Shirley saw, that should follow Louisburg as noonday the dawn. While the Louisburg expedition was in preparation and under way its support was apparently the all-engrossing oc- cupation of Shirley. It necessarily dwarfed his other ac- tivities for the time, but it was by no means his only vital interest. Two other matters of prime importance claimed attention; the defense of the Massachusetts frontiers while a large fraction of the fighting men of the province were at Louisburg, and plans for future aggressive warfare against M. P. C; vol. vi, p. 122. ^Ibid., pp. 124-125. PLANNING THE CONQUEST OF CANADA 297 the enemy. These two sorts of operations were different in time and method, but were essentially alike in aim; for the only means of making the frontiers of New Eng- land safe from the hostile intrusion of the French or of Indians under their influence was tO' wrest from France their base of operations in Canada. The rival settlements were too close together tO' avoid contact and each nation already felt the need for elbow room. Shirley's immediate task, however, was the defensive protection of the frontier. The expedition had not yet reached Louisburg when the veteran duke of the western marches, John Stoddard, warned that danger was looming up in that direction. He had been engaged in prudently testing the inclinations of the Six Nations and found them cool tO' the English, and in- creasingly inclined toward the French. An improbable yarn that the English and Dutch were plotting their destructioin had been plausibly presented to them and the resulting sus- picion had not been dispelled. Whereupon Stoddard suc- cinctly remarked : " These people are very numerous, and if they should be drawn to the French interest they will be worse to us than all Canada." ^ Stoddard suggested efforts hy Massachusetts to- pacify them, since the Dutch at Albany seemed incapable of doing it.^ Upon hearing this news Shirley at once renewed an earlier request to Governor Law of Connecticut for men to help defend the western Massachusetts frontier, as a measure urgently necessary, and much more valuable before an at- tack than afterward.^ However, the conditions upon the 'Stoddard to Shirley, Apr. 24, 174S, Conn. H. S. Colls., vol. xi, p. 282, (extracts) Sh. Cor., vol. i, pp. 209-211. Cf. also for the false Tumor circulated among the 'Iroquois, Wraxall, o.p. cit., pp. 241-242. 'Stoddard to Shirley, Apr. 24, 1745, loc. cit. 3 Shirley to Law, Mar. 18, 174S, Conn. H. S. Colls., vol. xi, pp. 265- 266; Apr. 27, 174s, ibid., pp. 283-284, Sh. Cor., vol. i, pp. 211-212. 298 WILLIAM SHIRLEY— A HISTORY western border did not become immediately critical, and the Nova Scotia frontier for the time held the stage. The French in Canada had assembled a strong detach- ment of Indians and French early in the spring, and actually began the siege of Annapolis with about 900 men without waiting for the arrival of sea and land forces expected from France. Shirley exerted himself to procure reinforcements for the garrison, and secured the despatch of the troops taken at Canso in the preceding spring, who, after their ex- change had been stationed at Castle William. He also ap- phed to Warreh to send assistance by sea.' The fortress was successfully maintained although Shirley had heard nothing by the middle of June of the 150 recruits expected from home for its defense.^ Meanwhile, before the end of May, the forces before Annapolis became disheartened and raised the siege. This action suggested doubts as to whether they had gone to strike Canso or to attack the besiegers of Louisburg;^ but it later appeared that they lacked the stamina for attempting either. The attack on Annapolis, however, was a shrewd move on the part of the French, even if no success was directly attained; for it had more effect upon the minds of the Indians on the New England frontier than did the Louis- burg expedition, especially when they noted the weak line of defense remaining after the expedition had decimated some of the settlements, and when they were told by the French that the enterprise had resulted in an English disaster.* 'Shirley to Newcastle, Apr. 30, 1745, C. 0. S 900, 177; Shirley to Aldridge, May 26, 1745, C. O. 5 900, 192; Shirley to Newcastle, June I, 1745, C. 0. S 900, 188. ' Shirley to Admiralty, June 17, 174S, Ad. I, 3817. 'Shirley to Newcastle, June 2, 1745, Sh. Cor., vol. i, p. 221. *The long Maine frontier was being defended in part by two scouting parties detailed from one company, each to complete its allotted cycle weekly. Ar.. vol. Ixxii, fols. 711-712. PLAHNING THE CONQUEST OF CANADA 299 r With the fall of Louisburg on June 17th, the general situa- tion for New England was vastly bettered. Both the respon- sibilities and the opportunities of the English colonies were increased; for on the one hand the New England frontier now extended from Long Island sound to Louisburg, but on the other, the fortress no longer obstructed the realization of Shirley's real purpose in hurling New England at the French stronghold. That purpose became known in England contemporan- eously with the news that New England would soon be de- manding from the French the key to her front door at Louisburg. The new project was almost if not quite as striking as the enterprise against that fortress. To explain : Mr. Shirley employed proper persons before the departure of the advice boat [for England] to sound the inclinations of the inland inhabitants of his own province, and those of the con- tiguous English governments, on an attempt, to entirely ex- tirpate the French from North America, by following the blow at Cape Breton if that should be successful, with an attack upon Canada — and by the returns that were made him it was very evident that in New England only, 10,000 men might be raised at very short notice for such an enterprise, and there is the strongest probability that his majesty's subjects in the rest of his majesty's North American provinces will heartily concur and assist therein.^ This intimation that Louisburg was but a stepping stone to Quebec and Montreal, by the occupation of which the ter- ror that lurked by night all about the inland frontier villages and hamlets of New England might be stayed forever, was calculated to arouse as much enthusiasm in the interior of that section as the downfall of Cape Breton would cause in the seaport districts. This larger aim doubtless had more influence than any other consideration in rallying to the sup- 'Kilby to [Newcastle], April 3, 1745, C. O. 5 900, loose at end. 30O WILLIAM SHIRLEY— A HISTORY port of the Louisburg expedition the folk upon the exposed frontiers of Massachusetts, New Hampshire and Connec- ticut. As soon as the sailing of the expedition for Canso gave him some measure of leisure, and the knowledge that it would have adequate naval support relieved his fears that it might fail of full success, Shirley gave his attention to plans for taking advantage of what success might be won. As a first step he wrote to Newcastle his conviction that success in the expedition then in progress would excite in the colonies of New England the greatest spirit and ardor to follow it up with an immediate attempt against the French settlements in Canada. And, he added : As all the colonies to the southward of New England as far as \'irginia inclusive are equally and some of them more en- gaged by their particular interests to join in the reduction of Canada, it seems not to be doubted that upon his majesty's recommendation of such an expedition to the several govern- ments they would most readily do it ; and indeed as there might be time after the reduction of Cape Breton in case it should be reduced soon, to fit out such an expedition here be- fore the ensuing winter if forwarded with the same despatch as has been used in that against Cape Breton, I would submit whether a more favorable opportunity could be laid hold on than in the present year.* This plan was obviously suited only to the most favorable combination of circumstances, but it was well calculated to take advantage of such a combination should it appear. \\'^hile the Massachusetts and New Hampshire forces were at Canso awaiting an opportunity to proceed to Louisburg, Shirley took the first step in America toward promoting this scheme by consulting Governor Wentworth, of New Hamp- shire, upon its practicability. Shirley raised queries upon a 1 Shirley to Newcastle, Apr. 4 1745, C. O. 5 900. PLANNING THE CONQUEST OF CANADA 301 r.umber of points, including the strength of the enemy, the desirabihty, possibility aiid nrtethod of taking Crown Point as a first step, and what support from England would be necessary. Especially, he queried whether it would not be feasible to raze all the outlying settlements of Canada and drive the inhabitants into Quebec and Montreal, and whether campaigns against these towns in succeeding years, if ac- companied by effective blockade of the seaboard, would not lead to their conquest by mere distress/ Wentworth replied in optimistic vein, assuming a ready conquest of Louisburg and favoring a further campaign for Canada with additional troops, if they could have ade- quate naval cooperation. Such an expedition could pro- ceed as far as Montreal, with " no difficulty, but at Quebec." Continuing he added : " How strong that may be, I am not able to discover." He was informed, however, that the fortress might be taken easily with 4,000 effective men. The rest of Canada could make no resistance to a good-sized force. By this plan Crown Point would become the last objective, to be taken by closing in on it fromi the Canadian ?ide. This scheme required, Wentworth thought, but two ad- ditional favoring circumstances to promote it in case of suc- cess at Louisburg. These were that " the governments as far as Philadelphia would heartily and speedily unite in this grand enterprise • . . ," and that a supply of arms from some source then unknown should be procured. These slight obstacles, however, did not deter the doughty governor from holding a " fixed opinion," that at the first news of success at Louisburg "every hand and every heart should be imploy'd in pursuing the conquest to Montreal. . . ." - 'Shirley to Wentworth, Apr. 8, 1745, N. H. Pr. Ps., vol. v, p. 949, Sh. Cor., vol. i, pp. 203-204. 'Wentworth to Shirley, Apr. 12, 1745, A''. H. Pr. Ps., vol. v, p. 950, Sh. Cor., vol. i, pp. 206-208. 302 WILLIAM SHIRLEY— A HISTORY The outstanding feature of Wentworth's reply was that he was ready to cooperate in the conquest o>f Canada when an opportunity arose, to which attitude of mind Shirley had doubtless contributed by seeking his counsel upon' the mat- ter. His aid would be useful in the launching of a future plan. Shortly afterward Kilby in England again suggested the conquest of Canada, pointing out, as a preliminary, that further naval forces should be sent to relieve the American army at Louisburg and to capture the valuable fleet which would then be there. He added that in case of success at Louisburg it would be expedient to send after the force already sent " as soon as possible ... as many ships as can be spared that a competent number may be landed at Cape Breton to be joyned with as many of the New England forces as will compleatly garrison the town," and that the remainder of the British forces proceed promptly to Boston and join troops to be raised there for the reduction of Canada, " which is the principal object in view of his majesty's American subjects, and will undoubtedly engage their utmost efforts." As further features of the plan Kilby suggested that 10,000 men be raised in America for land service, where the cost of levying and supporting them would be much less, they being already there and in pay only while serving, and he thought the colonies would bear the cost of raising them. He thought two regiments from England desirable, but if that were impracticable, one would do.^ By the time Louisburg actually fell it was manifestly chimerical to suppose that an expedition could still be set in motion against Canada that )rear. The English govern- ment had been slow in pushing the plans and had so delayed sending regulars to garrison Louisburg as to force many of 'Kilby to Harrington, Apr. 22, 1745, C. 0. 5 900, loose at end. PLANNING THE CONQUEST OP CANADA 303 the New England soldiers then in the field to remain in gar- rison there. Hence the immediate need was to hold or advance the New England frontiers until another season opened. Those frontiers were not heavily attacked in, 174S, but there was much trouble of a minor character from the Indians especially among the exposed eastern settlements, while lesser raids also took place upon the western borders.^ After the fall of Louisburg Shirley sought to quiet the eastern Indians by sending them an account of that success.^ But they were already under French influence and had begun hostilities before Shirley's message arrived." This menace, while not acute, led to a feeling in both official and private circles that the frontiersmen at Louisburg, especially those from the eastern country, should return for the defense of their homes.* Shirley, however, sent one of the Massachu- setts ships to Maine to cruise up the rivers among the settle- ments, and at the same time sent reinforcements to the western frontiers (where skulking Indians were giving trouble, although there was no organized attack) and or- dered out scouting parties to clear the woods of the foe.^ 'Shirley to Newcastle, July 21, 1745, C. 0. 5 900, 216; Shirley to Hill, July 12, 174s, N. E. Hist, and Gen. Reg., vol. xii, p. 264. * Shirley to Benobscot and Norridgewalk Indians, July 12, 1745, N. H. Pr. Ps., vol. V, p. 948, Conn. H. S. Colls., vol. xi, pp. 337-338, Sh. Cor., vol. i, pp. 247-248. 'Shirley to Newcastle, July 21, 1745, C. O. s 900, 216; Shirley to Bradbury, July 22, 1745, Cor. Col. Govs, of R. I., vol. i, p. 376, Conn. H. S. Colls., vol. xi, pp. 349-35°. -5'/i. Cor., vol. i, pp. 253-254; Shirley to Pepperrell, July 29, 1745, 6 Mass. H. S. Colls., vol. x, pp. 338-342, (extracts) Sh. Cor., vol. i, pp 25.7-259; Bradbury to Shirley, July 29, 174s, Conn. H. S. Colls., vol. xi, pp. 353-354, Sh. Cor., vol. i, p. 261. * Shirley to Pepperrell, July 29, 1745, 6 Mass. H. S. Colls., vol. x, pp. 338-342. ^Ibid. 304 WILLIAM SHIRLEY— A HISTORY Later Lieutenant-Governor Phips in the aibsence of Shirley- applied to the surrounding governments for cooperation in making war upon the eastern Indians/ As no further serious trouble developed Shirley gave the larger share of his attention for the balance of the year to keeping Louisburg safely for the crown. This required some address on his part, for after the siege was over Pepperrell and Warren dwelt together in a unity which already showed signs of disintegrating, while the New Eng- land troops were wholly united in the desire to go home at once, since the expedition was now thought to be over.^ Moreover, Warren, by taking possession of the to>wn with his marines before Pepperrell's troops marched in and by apparently overriding Pepperrell's judgment in several points was creating conditions which were not conducive to future felicity at Louisburg in several respects. The chief difficulty arose from the attitude of half- contemptuous toleration which Warren like other orthodox Englishmen assumed toward colonial society and the purely American elements which entered into it. It seemed natural to him that he should be the chief in command of the entire expedition, since he commanded the only regular English forces in it. But applying this simple formula would result in his treating Pepperrell, the general in command of all the land forces by commission from three New England gov- ernments, as an inferior. This Shirley did not propose to allow. Not only was his own prestige as the chief grantor 'Phips to Wentworth, Aug. 19, 174S, A''. H. Pr. Ps., vol. xviii, p. 232; Phips to Wanton, Aug. 19, 174S, Cor. Col. Govs, of R. I., vol. i, pp. 374-375; Phips to Law, Aug. 19, 174s, Conn. H. S. Colls., vol. xiii, pp. 29-30. 'Shirley to Newcastle, July 10, 174S, C. 0. 5 900, 198; Pepperrell to iShirley, July 4, 1745, 6 Mass. H. S. Colls., vol. x, pp. 310-313, Sh. Cor., vol. i, pp. 232-234; Pepperrell to Shirley, July 17, 1745, 6 Mass. H. S. Colls., vol. X, pp. 329-331, Sh. Cor., vol. i, pp. 250-251. PLANNING THE CONQUEST OF CANADA 305 of Pepperrell's authority involved but also the enthusiasm of the New Englanders against the French. This led to a suggestion from Shirley to Pepperrell that he should not submit to Warren's taking over the command of the place ; and he added : To say the truth I am in great pain for the mischiefs that will ensue to his majesty's service upon such an attempt, which I have mentioned to the commodore, and to prevent the danger of 'em is the chief reason of my coming to Louisburg. You must not have the least thought of quitting Louisburg till we know his majesty's pleasure concerning it. If you should desire to do it, there will be the utmost confusion and dis- order, and your king and country and own honour will suffer exceedingly. Shirley said further he was satisfied that an attempt by Warren to command the land forces " will produce great discontent here as well as in the army, and be very preju- dicial to his majesty's service in all the colonies of New England by putting an end to expeditions from hence for his majesty's service." The jealousy already appearing would in such a case " soon burst out, I am afraid, into an unquenchable flame." This view is to be contrasted with Warren's declaration that if he remained at Louisburg he should find it absolutely necessary to assume command of land as well as sea forces " in order to prevent the garrison and territo^ry from falling into the enemy's hands." Yet Shirley showed that it was no small jealousy which prompted his position regarding Warren by adding : But I hope he will live to carry one of the most principal flags in England into their harbour [Martinique], as he has carry'd his commodore's into that of Louisburg. He is too valuable a man for his country to lose yet awhile. I have as high an 3o6 WILLIAM SHIRLEY— A HISTORY opinion of his merit as you have, but he is certainly mistaken in the point I have before mentioned.^ Shortly after the foTtress fell Shirley was busy with schemes for securing permanent English settlers fcjr the island. He thought it might be best jjefjpled by fishermen and others from Massachusetts whom he proposed to attract by land grants, and by temporary exem])tion from lial^ility for debt, the last only because of the great need for settlers.^ The governor proceeded to Louisburj^ as he had planned and succeeded in preventing an outljreak amiong the soldiers who were disturbed to find garrison duty necessary if the place were not to be immediately abandoned to the enemy. The discontent had reached an acute stage when he arrived, but l>y firmness, moderation and tact, the threatened mutiny was prevented.' Louisburg, he wrote Newcastle, needed repairs and completion of the works, much battered by the sie^^e, to guard against efforts at recapture, sure to be made by France. For such an effort they might employ i,ooo 'For the facts relating to the differences between Warren and Pepperrell, cf. Shirley to Newcastle, July jo, 1745, C. 0. S 'j'Xj, 198; Shirley to Pepperrell, July 7, 1745, 6 Mass. II. S. Colls., vol. x, pp. 322-324, Sh. Cor., vol. i, pp. 236-238, 'Shirley to Board, July 10, 1745, Sh. Cor., vol. i, pp. 244-245, 246; Shirley's declaration to the Louisburg garrison, Aug. 23, 174S, C. 0. 5 900, 227. •Shirley to Newcastle, Sept. 22, 1745, C, 0. 5 'joo, 221; Shirley's declaration to the Louisljurg garrison, Aug, 23, 1745, C. 0. S 900, 227; Shirley's second declaration to the Louisburg garrison, Sept. 17, 1745, C. O. 5 900, 23s. Before leaving for Louisburg he had secured 600 men from Massachusetts, 200 from CV,innccticut, 150 from Rhode Island Uf. supra, p. 'zf/j, and note 2) and ;20 from New Hampshire to relieve the garrison, while Massachusetts was raising 400 more and Connecticut 300. This made it possible to secure the release of the sick and some especially needed for the frontiers. PLANNING THE CONQUEST OF CANADA 307 French troops in Nova Scotia as a nucleus and rally a force of the French inhabitants and Indians of 7,000 more, with a prospect of drawing perhaps 4,000 Canadians to their aid. These forces with others from France would be capable of a formidable attack upon the place. These conditions led himi to propose measures which might be effectual tO' secure a loyal population in Nova Scotia, and remove a menace to Annapolis, Louisburg and New England.^ After doing everything possible for the defense of the place and for the comfort and health of the garrison, he pro- posed to return to Massachusetts at the end of October® leaving 2,250 men in the garrison. He suggested a perman- ent garrison of 4,000 until English settlers in the neighbor- hood added to its potential strength, and after that time 3,000.^ While at Louisburg he again brought to the attention of the home government his plan for the reduction of Canada. In September he assured Newcastle that it would be easier to raise 10,000 men in the colonies " to go- upon an expedi- tion against Canada upon common pay, than 1,000 to be garrison soldiers," * while in the same month the Massachu- setts legislature, in an appeal as a result of the expedition, remarked that they hoped the capture of Louisburg " is but the beginning of your majesty's conquests as it renders it much more easy to subject or extirpate your majesty's enemies the French in Canada." '^ In October Shirley wrote upon the subject at length, re- ' Shirley to Newcastle, Oct. 29, 1745, 5"^. Cor., vol. i, pp. 281-284. ' He did not finally get away until about a month later. ' Shirley to Newcastle, Oct. 29, 1745, Sh. Cor., vol. i, pp. 280-281 ; Shirley to Bastide, Sept. 17, 1745, C. O. 5 goo, 230; Bastide to Shirley, Sept. 21, 174s, C. O. 5 900, 232; ditto to ditto, Sept. 26, 1745, C. 0. 5 900,. 234; iShirley to Newcastle, Sept. 22, 1745, f. 0. 5 900, 221. *Ihid. 'Mass. General Court to the King, Sept. 25, 1745, C. O. 5 885, 320. 308 WILLIAM SHIRLEY— A HISTORY peating and amplifying previous arguments relating to the value of the Canadian fur trade and fishery and adding that since the continent possessed so healthful a climate and had experienced so rapid an increase of population it may be expected that in one or two more centuries there will be such an addition from hence to the subjects of the crown of Great Britain, as may make 'em vye for numbers with the subjects of France, and lay a foundation for a superiority of British power upon the continent of Europe at the same time that it secures that which the royal navy of Great Britain has already at sea; and this is a remarkable difference between the other acquisitions in America belonging to the several crowns in Europe and this continent, that the others diminish the mother country's inhabitants, as Jamaica, Barbadoes, and the other southern colonies belonging to Great Britain have done, and the Spanish West Indies have done even to the ex- hausting of Old Spain.^ Thus while not able to foresee the American Revolution Shirley recognized with a good deal of insight the remark- able future development of North America. The governor then presented a plan for the conquest of Canada, by which it was suggested that 20,000 men be raised in the colonies from North Carolina to New England, both inclusive, according to quotas to be fixed by the crown. Of this force one-half or a considerable proportion should go to Quebec by sea, this expedition to be accompanied by a squadron able to blockade the mouth of the St. Lawrence, and by as many regular troops as could be spared. The other army he proposed should attack the " back of the coun- try " some time before the harvest and drive the outlying settlers into Montreal, Quebec, Crown Point and their other strongholds and then block them up. He was confident that by this plan the enemy would be forced to surrender 'Shirley to Newcastle, Oct. 29, 1745, Sh. Cor., vol. i, pp. 284-285. PLANNING THE CONQUEST OF CANADA 309 before spring by lack of provisions, while the English forces might easily be supplied with stores from New England and other colonies. Finally Shirley assured Newcastle that he would take no steps without express commands/ Meanwhile the crown had formed plans for garrisoning Louisburg by two regiments fromi Gibraltar and twoi regi- merlts of Americans on the English establishment to be commanded by Shirley and Pepperrell, as rewards in part for their respective shares in the expedition. Pepperrell was also given the unique distinction of being made a New-England-bred baronet, while Warren was made an admiral. Newcastle wrote to Shirley to inform him that the lords justices took "great satisfaction in your conduct" in connection with the expedition and that the king at Hanover had received the news of the victory " with the highest satisfaction." After informing him of the honors conferred upon Warren and Pepperrell, and of the nomi- nation of the former to be governor of Louisburg, New- castle added : I cannot conclude without assuring you of the particular satis- faction that it is to me, that one, whom I have so long known, and for whom I have so true a regard, and friendship, has had it in his power to set on foot, and carry into execution, a scheme of such importance as the reduction of Cape Breton to his majesty's obedience, is to the interest of your king and country, and to see how true a sense his majesty and all his faithful servants have of the service you have done upon this occasion. . . . And I am persuaded that his majesty would be ' He suggested a force to be apportioned as follows : North Carolina 600, Virginia 2,100, Maryland 1,000, Pennsylvania 2,500, the Jerseys 1,000, New York 4,500, Connecticut 2,100, New Hampshire 700, Massa- chusetts 4,500, Rhode Island 1,000. All expenses for the expedition save a bounty for enlistment he proposed should be paid by the crown. ('Shirley to Newcastle, Oct. 29, 174S, C. 0. S 900, 255.) This plan is not included in the extracts of the letter published in Sh. Cor., vol. i, pp. 280-286. 3IO WILLIAM SHIRLEY— A HISTORY equally disposed to show you any proper mark of his royal favour, as a proof of his gracious acceptance of your services ; for which I hope some occasion may soon happen. He then gave his assurance that upon all occasions the governor would find him ready to promote his interest to the utmost of his power/ At Shirley's later request that his reward should not be such as to degrade his services be- low Pepperrell's, since he believed they had not been es- teemed in America inferior to those of anyone else con- cerned in the expedition ^ he was commissioned to command the first of the two American regiments created.^ Upon learning of these developments Shirley generously praised Warren, Pepperrell, the men who had aided in set- ting the expedition on foot and those who had served well in it. He expressed gratification that Pepperrell and War- ren had been rewarded. But underneath the calm surface he was bitterly disappointed. In truth Shirley's recognition, aside from the counterfeit currency of verbiage which those in positions of influence at Whitehall were in many instances accustomed to utter, seemed scanty. At the end of summer in 1745, after the fall of Louisburg, he sent his son, William Shirley, Jr., to England.* Upon his arrival the younger Shirley applied on his father's behalf for his appointment to succeed General Phillips as governor of Nova Scotia and as colonel of the regiment stationed there, upon the decease of the incumbent, then soon expected, 'For the plans for garrisoning Louisburg from Gibraltar and the rewards for service in connection with the expedition, cf. Newcastle to Shirley, Aug. 10, 1745, C. 0. S 4S, I93- 'Shirley to Newcastle, Sept. 27, 1745, Sh. Cor., vol. i, p. 268. 'Cf. Shirley's commission as colonel, Aug. 31, 174S, JVar OMce Papers, 25 135, 56; Pepperrell's commission, Sept. i, 1745, ibid., 55; Newcastle to Shirley, Sept. 11, 174S, C. O. 5 45, 209. * Shirley to Newcastle, Aug. 3, 1745, C. 0. 5 900, 220. PLANNING THE CONQUEST OP CANADA 311 giving as the chief reasons for applying for the post that : ( I ) the preservation of Nova Scotia chiefly depended upon speedily settling it with loyal Englishmen, (2) these set- tlers must come froim New England, (3) Governor Shirley by residing part of the time in Massachusetts could promote such settlement, (4) since the burden of carrying out such a program must fall chiefly upon him as governor of Mas- sachusetts, whoever might be entrusted with the task, he thought it just that the honors and rewards attending it should be his also.^ In response to this application Newcastle wrote the gov- ernor : " You may be assured, that, when such a vacancy shall happen, I shall not fail to lay your pretensions before his majesty." ' Meanwhile the governor wrote to Stone, the duke's secretary, that he had " found so much anxiety, disquiet, and chagrin amidst as great success as could even be wished for " that though he did not feel free to decline any service re- quired of himi he desired tO' be a spectator only of public affairs for the future and spend the few years his impaired health would permit in ease and quiet in England, especially if he might be useful in his majesty's service there. ^ The original but unrealized intention of the ministry was that the regiments from Gibraltar should reach Louisburg before winter.* As they failed to appear Shirley's prepara- tions for holding the fortress till spring were essential. The plan of the ho'me governmient for raising the two American regiments from Pepperrell's troops at Louisburg was impracticable, especially as most of the commissions for those regiments were given to Englishmen, under whom the ' William Shirley, [Jr.] to Stone, Mar. 9, 1746, C. O. 5 900, 165. ' Newcastle to Shirley, Mar. 14, 1746, C. 0. 5 45, 217. 'Shirley to iStone, Nov. 13, I74S, C. O. 5 900, 280. ■•Newcastle to Shirley, Sept. 11, i745, C. 0. S 45, 209. 312 WILLIAM SHIRLEY— A HISTORY colonials were far from desiring to serve. Consequently Shirley and Pepperrell were obliged tO' send the few Americans they were allowed to appoint, as recruiting of- ficers as far south as Pennsylvania (English officers being useless for recruiting service in America). Meanwhile the discharge of the New Englanders at Louisburg must await the arrival of troops from some quarter to relieve them, to prevent dangerous weakening of the garrison.'- The next spring the Duke of Bedford made the ex- perience with these two American regiments the text for a sermon against creating others there upon the British es- tablishment for the future.^ Toward winter, having received no instructions regard- ing garrisoning Canso, Shirley with the approval of Warren and Pepperrell proposed to withdraw the New England troops and stores there, regarding that place as of less con- sequence when Louisburg was in English hands. He, how- ever, gave assurances that Warren and himself were taking careful measures for the security of Louisburg and Nova Scotia upon hearing of the assembling of 6,000 Canadians and Indians.^ Nevertheless in January the garrison was still at Canso, and Shirley was sending supplies to secure them against the French and Indians, who had lately raised the siege of Annapolis.* Returning in November to the subject apparently nearest his heart, Shirley pointed out that raising the men for an expedition against Canada and reaching an agreement be- tween the governments concerned as to plans, would require 1 Ibid. ; Fox to Lords of Treasury, July 24, 1746, T i 321. Shirley, however, by May or June had secured over 700 men for his regiment. Shirley to , May 10, 1746, T I 321 ; ibid., June 3, 1746. •Bedford to Newcastle, .Mar. 24, 1746, C. 0. 24 13, 48. •Shirley to Newcastle, Nov. 6, 1745, C. O. 5 900, 269. Not printed in the extract in Sh. Cor., vol. i, pp. 287-290. * Shirley to Cutter, Jan. 4, 1746, T 1 321. PLANNING THE CONQUEST OF CANADA 313 considerable time. He contrasted the difficulties in the way with the situation met in attacking Louisburg, when he was dealing substantially only with the New England govern- ments and depending only upon Massachusetts, from whom he could be sure of securing 4,000 men.^ Writing to the admiralty he urged the conquest of Canada as a means of securing Cape Breton, Nova Scotia, and the whole American continent as far as the Mississippi valley. His plan for conducting it, he added, had been sent tO' New- castle, while for suggestions as to naval preparations he re- ferred to Warren, whom he thought the best man to com- mand the sea forces, partly because he would be taken ser- iously by the colonists and would be especially influential in New York.^ A little later he reported that at a conference with the Six Nations at Albany in which representatives of New York, 'Massachusetts and surrounding colonies took part, those powerful tribes had been reclaimed to the English interest and declared themselves willing to take up the hatchet against the French. Thus a vital influence which seemed to flow directly from the success at Louisburg favored a suc- cessful attack upon Canada.^ Meanwhile he reported to Newcastle that the situation in Nova Scotia was threatening, both because of the palpable lack of loyalty of the French inhabitants and because of the prospect that the French would choose Annapolis as the objective for a strong attempt in the spring, in hopes of offsetting the loss of Louisburg. He alsoi had news from Clinton at New York that the French had plans for follow- ing the recent destruction of Saratoga by the taking of Albany (which would undoubtedly result in the defection of ' Shirley to Newcastle, Nov. 6, 1745, C. 0. S 900, 269. •Shirley to Admiralty, Nov. 16, 174S, Ad. I, 3817. 'Shirley to Newcastle, Nov. 20, 174S, C. O. 5 900, 275 ; Wraxall, op. cit., pp. 241-242, 244. 314 WILLIAM SHIRLEY— A HISTORY the Six Natio'ns) and for a general attack upon the frontiers of New York. New Jersey and Pennsylvania. He then remarked that " it is a point settled in New Eng- land that if we don't drive the French off the continent, they will one day drive the English settlements into the sea," adding that at least there would be a struggle for mastery of the continent, as a quiet partition seemed hardly possible. He beHeved, however, that Canada under English control combined with the existing English colonies could be main- tained at less expense than the latter alone. ^ In January the governor was in the midst of plans for immediately utilizing the Iroquois and the forces of the neighboring colonies against the enemies most accessible to each. But this plan did not come to fruition.^ By the following month the recruits who had been promised from home for Annapolis the preceding year had reached Boston, with stores for that garrison.^ At the same time Shirley was bringing to bear upon the ministry at home cumulative masses of information relating to conditions in Nova Scotia, stressing once more the need for securing the subjection of the French inhabitants.* Thus after his great success at Louisburg Shirley came to the eve of another campaign without news of the attitude of the home govern- ment toward his plans for it. 'For Shirley's summary of conditions and prospects at this time, cf. Shirley to Newcastle, I>ec. 23, 1745, C. 0. 5 goo, 289. 'For the facts regarding this plan, cf. Jour., Jan. 21, 1746, p. 164; Jan. 33, 1746, p. 167; Jan. 28, 1746, p. 174; Feb. 4, 1746, p. 182; Feb. 11, 1746, p. 189; Shirley to Wentworth, Jan. 12, 1746, A'. H. Pr. Ps.. vol. xviii, p. 253 ; ibid., Jan. 27, 1746, p. 254 ; Shirley to Wentworth, Jan. 20, 1746, Sh. Cor., vol. i, p. 302. 'Of the 206 who sailed from England, however, there were not over half remaining, after a severe attack of scurvy, who seemed capable of becoming effective for the garrison. Shirley to Xewcastle, Feb. 11, 1746, C. O. 5 45, 8; Shirley to Yonge, Feb. 10, 1746, T i 321. * Shirley to Newcastle, Feb. 11, 1746, C. O. 5 45, 8. CHAPTER XV Measures for the Conquest of Canada While affairs in America thus halted to permit plans for future action to be evolved the mill of the "lords " ground with its accustomed lack of speed and precision. This fact appeared in the middle of March in letters from Newcastle to the several governors in North America, stating that in case the ministry judged it advisable to attack the French settlements there, they should take the proper measures for raising a body of men within their respective provinces for that service.^ At the same time Commodore Knowles was named to succeed Warren as governor at Louisburg, thus re- leasing the latter to serve as the commander of any naval forces which might be assigned to such an expedition.' To Shirley Newcastle sent assurances that his letters had led to continued approval of his conduct. He hoped the regiments from Gibraltar were now at Louisburg, and added that Major-General Frampton's regiment was being pre- pared to join them with large supplies of ordnance stores. Warren, he said, had been ordered to consult with Shirley in Boston, in what manner his majesty's squadron may be employed with the greatest probability of success, in making any further attempt upon any of the French settlements in North Amer- ica; what number of land forces may be necessary for that purpose, and what number of men may be raised in his maj- esty's colonies of North America. And His Majesty will ex- ' Newcastle to Governors in America, Mar. 14 1746, C. 0. S 45, i. 'Newcastle to 'Shirley, Mar. 14, 1746, C. O. 5 45, 217. 31S 3i6 WILLIAM SHIRLEY— A HISTORY pect with impatience to receive yours and ilr. Warren's opinion upon this point. . . .^ This was nearly seven weeks after Shirley's plan for the conquest of Canada sent in the preceding fall (the receipt of which the duke now acknowledged) had been in his hands.^ Shirley and Warren drew up the plan suggested, with the natural consequence that it arrived too late to be of use for the campaign contemplated, whereupon it was considered at the beginning of the following year.^ Meanwhile the admiralty was engaged in digesting the papers already sent by Warren and Shirley and what other information was available upon the project for reducing Canada. The result of this research was a lengthy state- ment on March 24, 1746, from the Duke of Bedford, first lord of the admiralty, to Newcastle upon the whole proposi- ticai. Discussing at the outset the chief results to be expected from the conquest of the French continental colonies, he concluded: (i) this would forever secure for England the whole fish and fur trade there and would increase her sea forces; (2) it would leave the French unable to supply their sugar islands with provisions, limiber and other articles necessary for sugar and indigo works. Those French in- dustries would thus be ruined or it Avould be possible for English competitors to undersell them in European markets ; (3) the trade of old France would be greatly reduced; (4) France would no longer be able to build warships in America, nor to procure masts except from the " Eastland country." Her naval power would thus be kept within limits and Eng- land would be relatively strengthened in that respect; (5) it would make all the English possessions in North America 'Newcastle to Shirley, Mar. 14, 1746, C. O. 3 45, 217. ' Shirley to Newcastle, Oct. 29, 1745 (indorsed date of receipt, Jan. 25), C. O. 5 goo, 235. 'Cabinet notes, heads of business, Jan. 1747, 5". P. D., Various. MEASURES FOR THE CONQUEST OF CANADA 317 secure from the inroads to which they were now exposed. Especially, it would secure the mast country to England and would allow the better settling of eastern New England and Nova Scotia, the latter of which was then much exposed. Bedford observed that all the suggested plans agreed in proposing to have regular troops in America as early as the ice was out of the St. Lawrence, and the season sufficiently advanced for forces to take the field. This he thought would be by the end of May or the first of June, by which time he hoped the troops, train of artillery, stores, victuals and all necessaries might be in that stream. All these plans also proposed that troops be raised from all the colonies north of the Carolinas to be paid by the crown. The total and the quotas would depend much on the number of regulars to be sent from England upon whom he placed the chief reliance. The American troops he thought would be of great service (if supported by regulars) for scouring the woods " and making war in the American manner." He therefore suggested that the governors of all the govern- mentts to the north of the Carolinas be ordered to> raise men in as large numbers and as rapidly as possible. Those raised in New York and southward should rendezvous at Albany to proceed by land against Montreal as soon as they were informed that the English fleet was in the St. Lawrence. They were to serve under commanders to be named by the king. For the naval portion of the expedition he thought that in addition to the considerable fleet already in North American waters, a reinforcement could be sent from England to make up a squadron of nearly twenty ships-of-war besides bomb vessels and fire vessels. He hoped, also, for colonial vessels, which with whale boats and other small craft would be of infinite service by going ahead of the fleet in the St. Lawrence, especially as pilots for that stream were scarce and not very dependable. 3i8 WILLIAM SHIRLEY— A HISTORY Bedford said the terms proposed by Shirley's plan of October 29th for the troops raised in America, in accordance with which the Americans would pay only for recruiting them while the troops would have all the plunder and a bonus of captured lands, and would also retain their arms, were " such as I believe could never be agreed to by this country." He added that even if he believed the scheme practicable, which he did not, he should have great objec- tions to it, both because he was unwilling to trust this im- portant affair wholly to Amierican regiments, after the ex- perience they had had with them, and on account of the independence it may create in those provinces towards their mother country, when they shall see within themselves so great an army possessed in their own right by conquest, of so great an extent of country, which tho to be enjoyed by them, is yet to be attained at the expense of their mother coun- try, who is to arm, pay, cloath and subsist them. He proposed to obviate these and many other objections to Shirley's plan by placing the chief reliance upon your fleet and the troops you will send from hence, and to look upon the Americans, only as useful troops, when joined to battallions of your own which you can trust, but not to be depended on when singly by themselves either to make head against an army of the enemy, or to form a regular siege; but to be employed in scouring the woods, driving the enemy's cattle, and breaking up their plantations and settlements, which has been a kind of war they have been accustomed to. Thus spoke the head of the admiralty upon the morrow of a successful siege of one of the strongest existing fortresses, conducted by land wholly by the colonial troops he thus characterized. This had been made possible by the blockade maintained by British naval forces, but those forces had not otherwise directly contributed materially to the operations MEASURES FOR THE CONQUEST OP CANADA 319 against Louisburg. The real implication of his suggestion seems to have been that he feared the Americans would con- quer too much rather than too^ little. Bedford believed that his proposals would obviate ob- jections made by Admiral Warren against undertaking the expedition during 1746. Warren's chief objection was that the settling of quotas and the other preliminaries to the raising of so large a force in America could not be com- pleted in time. In case Bedford's plan was followed enough troops to suffice would be sent from England and raised on short notice in the colonies. Bedford was strongly for immediate action, continuing: " I believe I may in general venture to> affirm, that half the expence and trouble properly staked now, will go farther towards obtaining what we hope and wish for, than the double of it will the next year." Then the French would probably have strengthened their fortifications, collected stores and provisions, and above all, cultivated the Indians, resulting probably in alienating the Iroquois if the English had not meanwhile followed up the success at Cape Breton. He was informed that the whole standing French force in America in time of peace was only thirty companies of twenty-five or thirty m'en each, not exceeding 900 men. He thought that with the St. Lawrence blocked the country- could be forced to surrender for want of provisions by operations from Albany. He therefore urged Newcastle, in case his plan or any part of it was approved, to consult with the ablest land and sea officers and to submit his rec- ommendations to the king, so that if they were approved, immediate orders might be given for carrying them into execution, " as I think the success of it greatly depends ( I may say wholly) upon not being prevented by the alertness of our enemies." ^ ^For this very informing document, cf. Bedford to Newcastle, Mar. 24, 1746, C. O. 42 13, 48. 320 WILLIAM SHIRLEY— A HISTORY Thus it appears that Bedford, while very far from pos- sessing the viewpoint of the Americans, manifested some insight into American tendencies. Nevertheless his clear comprehension of some important factors of the American problem was vitiated by what seemed to be a thoroughly English inability on his part to grasp others. Thus he pro- posed to obviate the difficulties in the way of raising troops by quotas by, abolishing quotas and leaving each govern- ment the judge of its own capacity in that respect with full opportunity for shirking and evasion. He was perhaps similarly unpractical in demanding of the ministry, equally lacking in real interest in the problems of the American war and in energy to execute plans for solving them, a largeness and promptness oif action wholly exceeding any reasonable expectation of their performance. Bedford's attitude toward the matter also displays not only an attempt oif the head of the navy to play the role of an ex- pert in military affairs, but also a pronounced effort on his part to overshadow Newcastle and the other members of the ministry, whose supineness perhaps invited the presumption. This matter seems to mark the beginning of an abiding suspicion on Bedford's part that Shirley was not sufficiently zealous for imperial interests when they were in competition with those of the colonies. In this later period also he dis- played a tendency to oppose the governor's policies. Pos- sibly he thought the latter presuming to suggest so volu- minously how the war could be won. Perhaps, however, Bedford's opposition was quite as much to Newcastle as to Shirley. The matter was brought up in the cabinet on April 3d, and a plan which was apparently a compromise between those suggested by Shirley and Bedford respectively was in general approved.^ By April 9th, the plan for the ex- ' Cabinet notes, Apr. 3, 1746, 5". P. D., Var., bundle 5. MEASURES FOR THE CONQUEST OF CANADA 321 pedition had been approved in final form. The scheme pro- vided for 4,000 regular troops to be commanded by Lieuten- ant-General St. Clair, which with supplies of all sorts were expected to sail from England for Louisburg under con- voy of five men-of-war of the line, a fire ship and a bomb vessel, by the end of April or the beginning of INIay. Newcastle wrote to the governors of the New England colonies directing them to raise as many men as possible to serve in the king's pay and to send themi in transports to Louisburg by the middle of ]May to join the forces imder St. Clair there. These forces, in company with any which could be spared from the Louisburg garrison, were to start up the St. Lawrence by the beginning of June for Quebec. The colonial secretary also wrote to the same governors to secure as many armed vessels as possible to accompan)- the fleet which was to ser\'e in the expedition under W^arren, and also small craft of different sorts to precede the fleet up the St. Lawrence, since the pilotage was difficult and little known to the English. They were also to secure pilots if possible. St. Clair was to command all the land forces and ^^^arren the squadron, which was to be made up by agreement be- tween the latter and Vice- Admiral Townshend, who was to remain in command of the main squadron detailed for the protection of Louisburg and the Newfoundland fisheries, and to send convoys to Europe. Newcastle also wrote to Shirley and Pepperrell directing them to hasten as much as possible the completion of their regiments so that they might serve in garrison at Louis- burg during the expedition. Shirley was also directed to assist the commissary of stores in contracting for such supplies as were needed. Lieutenant-Governor Gooch of Virginia was commissioned a brigadier-general and given the command of the troops 322 WILLIAM SHIRLEY— A HISTORY to be raised in the colonies south of New England. To se- cure these forces Newcastle directed the governors of the colonies from Virginia to New York inclusive, to raise as many men as possible to be paid from England and to be at Albany or other rendezvous named by Gooch by June ist. Thence Gooch was to proceed in accordance with the plan of campaign, under orders from the commander-in-chief of the land forces, to besiege Montreal, or if that was im- practicable, to ravage the settlements between Montreal and Quebec with the aid of the Six Nations, for the purpose of starving the garrisons into submission. As to arms and clothing for the American troops, they were to be provided by the colonial governments, to whom General St. Clair was to make " a reasonable allowance " for that expense. The Americans were also to have a share of the booty and return home at the end of the ex- pedition if they desired. Shirley was to proceed to Louisburg with the Massa- chusetts troops to confer and counsel there with St. Clair and Warren, and in case they decided " that any other scheme for the reduction of Canada may be more practicable, and advisable, it will certainly be left to you there to do as you shall think oroper in that respect." Newcastle further explained that the disturbances in Eng- land attending the Jacobite rebellion and threats of invasion from France during the preceding year made it impractic- able during the winter " to be preparing for an expedition of ithis kind, which required great armaments by sea and land " which it did not seem likely could be spared from England in the immediate future. But the rebellion had collapsed, France had apparently given up the intention of invading England, and England had further security through operations in Flanders and elsewhere. Therefore MEASURES FOR THE COX QUEST OF C AX ADA 323 it now seemed both possible and opportune to send a con- siderable force. ^ Meanwhile the garrison at Louisburg. from which it was proposed to draw men for the expedition, had been badly affected by sickness and otherwise, ^lore than half of those left in it had either died or were in hospital and those fit for dut}- were less than 1,000." About the middle of ^lay Xewcastle sent a circular letter to all the governors as far south as the Cjirolinas directing them to aid St. Clair to the utmost in executing his orders.' The orders from England for raising troops for the in- vasion of Canada reached Shirlej- ^lay 26th and he at once forwarded packets presumably containing similar orders to the other governors upon the continent as far as \*irginia. In writing of the expedition to \\'entw^orth of Xew Hamp- shire, Shirlej- asked his \-iews regarding several points. The aim of these queries might have been to la}" the groundwork for a scheme whereby the conquest of Quebec would be committed to the fleet and the British regulars, while the -\merican troops would all or most of them join in a land expedition against Montreal. Or it might be to engage ^\"entworth's self-esteem as an alh' in the raising of troops in Xew Hampshire, or a combination of these aims.* Al- most at once W'entworth asked for a fuller statement of the terms upon which the expedition was to be conducted. This 'For the steps taken at home in connection vdth setting on foot an expedition for the conquest of Canada in 1746. cf. Plan of intended expedition against Canada. Apr. 9. 1746. C. O. 5 4;. 243; Xewcastle to Shirley. Apr. 9, 174c. C. O. 5 45. 229; Xewcastle to Warren. Apr. 9, 1746, C. O. 5 43, 236; Xewcastle to Gooch, Apr. 9, 1746. C. O. 5 45, 238: Xewcastle to Wanton, Apr. 9, 1746, R. I. Col. Recs., voL v, pp. 162-163. 'Shirley to Xewcastle, Dec 14, 1745. Sh. Cor., vol i, p. 293; Pepperrell and Warren to Shirley. Tan. 2S. 1746, ibid., p. 303. 'Xewcastle to Governors, May 15. 174^. C. O. 5 45. 246. 'Shirley to Wentworth, May 27. 1746, Sh. Cor., vol. i, pp. 318-319. 324 WILLIAM SHIRLEY— A HISTORY elicited from Shirley, among other things, the fact that the ultimate assignment of troops to service against Quebec or Montreal lay with St. Clair, Warren and himself/ A few days later Wentworth had secured provision by the New Hampshire assembly for raising as many men as could be gotten ready to embark by the last day of the following July.^ As an inducement to men in that province to enlist, Shirley promised to use his influence to have many of them assigned to the land expedition.' Meanwhile Shirley had secured a vote from the Massa- chusetts general court for raising 3,000 men for the ex- pedition.* Thereupon he promptly issued his proclamation for raising the men authorized, upon the ternis prescribed by the home government and with provision by the provin- cial government for a bounty and for necessaries not other- wise available. ° Soon, also, he had begun issuing beating orders for raising troops.' A few days after the vote for raising 3,000 men, something seems tO' have damped the ardor of the legislature. Hesitancy appeared in a vote toi stay further proceedings in relation tO' providing transports and other necessaries for the troops for the expedition. This Shirley refused to accept without explanation of their 'Shirley to Wentworth, May 31, 1746, ibid., pp. 321-322. 'This action was taken on June 4th. Cf. N. H. Pr. Ps., vol. v, pp. 430-431- 'Shirley to Wentworth, June 6, 1746, Sh. Cor., vol. i, pp. 324-325. *Iour., May 31, 1746, p. 15; Ct. Recs., vol. xvii (S-i), p. 427; A. and R., vol. xiii, p. 594. 'Proclamation for raising troops, June 2, 1746. The copy of the document in the Suffolk Piles 61899, and the printed copy in C. 0. 5 901, 209, as well as the copy in Ar., vol. Ixxii, fol. 718, are free from the error in spelling noted in Sh. Cor., voL i, p. 324. "Shirley to Stanbury, June 8, 1746, T i 321. MEASURES FOR THE CONQUEST OF CANADA 325 intentions, since the vote seemed to frustrate earlier plans. The vote had already delayed progress and he requested vig- orous measures.^ This tactful prodding was followed by a vote to raise £25,000 for the expenses of the expedition.* It is not strange that doubts appeared as to, the future of this expedition — troops for which could be raised in Amer- ica only at the beginning of summer to cooperate with Eng- lish forces which had not yet arrived ; and plans for which would be decided upon only at the moment that the expedi- tion should be set in motion, by three persons, all O'f whom were English officials and two of whom were presumably not sympathetic toward colooial forces. All that Shirley could do' to turn the energies which he had sought to create for intercolonial action into- this new channel could not make the prospect look encouraging. Moreover, Shirley himself had serious doubts; for in a letter tO' Newcastle while the levies were being raised, he referred to the possibility of a " disappointment in the present attempt for the reduction of Canada." Nevertheless, the die was cast and the task of preparing for the expedition was undertaken with energy. There was an enthusiasm among the youth of the province for the attempt to destroy the continuing menace to the frontiers. At an early date the lower house thought it necessary to appoint a committee to prevent children under sixteen from enlisting for the expedition.' The committee of war of the two houses became the center of measures for equipping the expedition, being empowered by the governor upon re- ^Jour., June 10, 1746, pp. 32-33. ^Ibid., June 11, 1746, p. 25; Ct. Recs., vol. xvii (5-1), p. 456; A. and R., vol. iii, p. 292. 'Jour., June 13, 1746, p. 40. 326 WILLIAM SHIRLEY— A HISTORY quest of the two' houses, to impress transports, provisions and other necessaries for the forces/ The governoir urged members of the legislature when returning home for a recess at the end of June to aid en- listments in their counties. He added that Canada was the Carthage of the northern colonies, and that a merely defen- sive war against the French and Indians if continued for a, few years would be insupportably costly. But it was necessary to secure the troops even more quickly than a like number had been raised for the Louis- burg expedition, if they were to be in time to accomplish their task. Shirley therefore hastened the process by en- listing the men in service on the frontiers, who preferred going on the expedition to service imder the province, and then impressed men from the militia to take their places.^ This caused protest on the part of the house,^ but Shirley defended his action while promising it should not be carried further.* Meanwhile the pulse oif the continent had been rising. However dubious might be the prospects for success, the crown had sent commands for raising troops, they were to be paid by the home government, and the goal was the destruction of the hated French in Canada. As usual Rhode Island proved a poor gauge for the colon- ies at large. She voted tO' raise three companies of lOO men each and to send the colony sloop,'' but only loo were made ready to embark." ^Ibid., June 19, 1746, p. 51; Ct. Recs., vol. xvii (S-i), p. 475- 'Jour., July IS, 1746, pp. 73-74. 'Ibid., July 16, 1746, pp. 75-76. *Ibid., July 17, 1746, p. 79. 'R. I. Col. Recs., vol. v, pp. 172, I73- • Greene to Shirley and Warren, July 18, 1746, Sh. Cor., vol. i, p. 330, not3, R. I. Col. Recs., vol. v, p. 187. MEASURES FOR THE CONQUEST OP CANADA 327 Connecticut acted with her usual moderate zeal by at first voting 600 men, " or more if they shall o£fer them- selves." ^ Getting warmed to the task in hand a few weeks later she increased the number to 1,000, and if any of the companies should be incomplete, the governor was author- ized to impress men to fill them.^ New York showed her interest by voting 1,600 men/ Although Governor Morris had intimated that the Quaker -sentiment of New Jersey had been proof against the temp- tation to aid in reducing Louisburg, it proved no bar to voting 500 men to help conquer Canada, and a prospective ofHcer who had raised 100 men in excess o'f those voted was apparently directed to the governor of New York/ Pennsylvania, more consistently non-combatant than her neighbor, provided for no itroops, but passed an act granting £5,000 for the king's use.' This sum the governor em- ployed in raising four companies of men for the expedition." Meanwhile Warren went to Boston' at the end of June to consult with Shirley. St. Clair had not arrived and the circumistances eloquently proclaimed the necessity of an -agreement upon at least a tentative plan. St. Clair was to ^Conn. Pr. Recs., vol. ix, p. 211. ^ Ibid., pp. 231-232, 233. * Documents Relative to the Colonial History of the State of New York (Albany, 1853-1887), vol. vi, p. 657. '"Minutes of the Council of iNew Jersey, Aug. 13, 1746," in Docu- ments relating to the Colonial History of the State of New Jersey, New Jersey Archives (Newark, etc., 1880-1918) , vol. vi, p. 371 ; Alexander and Morris to Board, Dec. 24, 1746, ibid., p. 419. *Min. Pr. CI. Pa., vol. v, p. 49. 'Ibid., p. 52. Parkman refers to the raising of these men in full accordance with the indirectly expressed desire of the assembly (ibid., p. 43) and with public money, as being accomplished through a popular movement. Parkman, A Half Century of Conflict (Boston, 1892), vol. ", P- 153- 328 WILLIAM SHIRLEY— A HISTORY be appealed to upon his arrival for approbation and was to be asked to come to Boston to save time. Warren and Shir- ley addressed a circular letter to the different governors pointing out the ripeness of the hour both for striking the French and for raising troops and exhorting them to consider themselves as one body united in the common cause in which, if any one particular colony should exert itself be- yond either its just proportion or abilities, it may (we doubt not) be depended upon that the exceedings of such colony will be made up to it, either by an average to be afterwards settled among all the colonies concerned or by a reimbursement from his majesty or the Parliament of Great Britain.^ They also' attempted by a method of informal assignment to secure something approaching quotas of armed vessels from the various colonies.* Shirley was then hoping to have the Massachusetts forces ready to proceed by July 20th, and the Connecticut and Rhode Island forces planned to rendezvous at Boston to pro- ceed with them.^ Shortly after this effort to spur on the latent energies of the other colonies, Shirley wrote to his patron, reporting progress. He stated that he had collected all the informa- tion possible to serve as a basis for a plan of operations against Canada, and had sent copies of his tentative scheme to governors Clinton of New York, Thomas O'f Pennsyl- vania, and Gooch of Virginia. He suggested sending a 'Shirley and Warren to Greene, July 4, 1746, R. I. Col. Recs., vol. v, p. 185, Sh. Cor., vol. i, pp. 329-330; 'Shirley to Newcastle, July 7, 1746, C. O. S 901, 14, (not in extract in Sh. Cor., vol. i, p. 332) . ^Ibid.; Shirley and Warren to Wentworth, July 4, 1746, N. H. Pr. Ps., vol. v, p. 818; iShirley and Warren to Thomas, July 4, 1746, Pa. Ar., vol. i, pp. 689-691. 'Shirley and Warren to Greene, July 4, 1746, R. I. Col. Recs., vol. v, pp. 185-186; Greene to Shirley and Warren, July 18, 1746, ibid., p. 187. MEASURES FOR THE CONQUEST OF CANADA 329 body of io,cxx) men, English and colonial (he hoped the lat- ter might be raised in New England), by way of the St. Lawrence, and a force of 3,000 or 4,000, to be raised out- side of New England, by land against Montreal. He ad- vised againsit attempting to send a larger detachment by the difficult land route, believing that such a force would be adequate for a diversion, to assist those proceeding against Quebec. He thought the transports would be in good season for a campaign up the St. Lawrence if they could leave Louisburg by August loth. In case the troops and ships could winter in Canada (as to the advisability o-f which he was undecided) he hoped success might be certain. Other details for which he was providing related to pilots, charts of the St. Lawrence and the maintaining of communications between the different forces.^ Shirley believed the capture of Quebec would result in the submission of Montreal before the following spring, and in case neither were taken he was informed troops could be quartered in buildings on the Isle of Orleans near Quebec. He was convinced that an effective blockade of the mouth of the St. Lawrence was essential to success. He estimated the fighting men of Canada as including 500 regulars, 10,000 to 15,000 militia and 500 to 800 Indians.^ Meanwhile interesting situations were developing on the European side of the Atlantic. These were, substantially, that France was preparing a large squadron at Brest with a considerable body of troops, and that the British ministry had developed a state of complete paralysis in connection with the proposed expedition. It was not likely that the Brest fleet was aimed at England, and it was more than likely that it was prepared for the task of retrieving the disaster • Shirley to Newcastle, July 7, 1746, C. O. S 901, 14 (not in extract in Sh. Cor., vol. i, pp. 332-334)- 'Ibid., Sh. Cor., vol. i, pp. 332-334- 330 WILLIAM SHIRLEY— A HISTORY to French arms in America during the preceding year, yet inaction pervaded the ministry. Kilby, the Massachusetts agent, on July ist presented a memorial urging the need of supporting the expedition in America. For this purpose he suggested that such part of the troops which had been prepared for it as could be spared from other uses should be retained in readiness to proceed to America in case news thence should show they were needed.^ The troops were for the time held inactive, but were not sent to America. Meanwhile the absence of direct news left Americans to infer the state of affairs from- the unbroken silence of the ministry. A result of the inaction at home was that the levies in the colonies were bringing together bodies of troops without properly authorized heads or effective organization. At the end of July Shirley was apparently still proceeding upon the supposition that the expedition was being seriously intended by the ministry. He then represented to Newcastle that progress was halting, especially because of the lack of commissions, the lateness of the season and a bad impression made by the retaining of American troops so long in gar- rison at Louisburg. As a result the number raised would not be as large as expected. He now estimated there would be less than 4,000 men from New England and less than 2,800 from the five other governments. He continued with suggestions for a late campaign, lasting through the winter if necessary. He also observed that proper quotas could not be secured until the crown directed them to be raised. Admiral Townshend, he reported, had paid no attention to the blockading of the St. Lawrence.^ This policy was perhaps due tO' a desire to have the ships together at Louis- burg, to meet the expected Brest squadron. Shirley sug- ' Kilby to Newcastle, July I, 1746, C. 0. 5 753- 2 Cf. supra, p. 329. MEASURES FOR THE COXQUEST OF CAXADA 331 gested that if it was intended for America it was probably ordered to Canada or x^nnapolis rather than to Louisburg. In Nova Scotia it would have a convenient base against the latter fortress in a friendly country where numerous allies were to be had. News from Xova Scotia also showed a spirit of defiance on the part of the inhabitants in expecta- tion of an armament from France/ Meanwhile the ^lassachusetts preparations went on. An increase in the vessels provided for the expedition was made in late July," and at the same time the house refused to listen to the protest of masters against the enlistment of Indian and negro slaves for the expedition.* August 5th, Shirley reported to the house that there were " above 2,000 already enlisted and more continually offering themselves." The house, however, refused to take necessary steps for the carr}'ing on of the expedition in the absence of definite information from home that it was to take place, and ulti- mate!}' they declined to provide for the transportation of ISIassachusetts troops after October ist.* Meanwhile the wind seemed to have veered in England, for Kilby intimated in the latter part of August that the ex- pedition had been revived, and claimed to have had as much influence as any private person in bringing it about, " after it was laid aside." ° •For this effort to adapt the expedition to a winter campaign, cf. Shirley to Xewcastle, July 28, 1746, C. O. 5 901, 17 (extract in Sh. Cor., vol. i, pp. 334-335). 'four., July 22, 1746, p. 85; July 24. 1746, pp. 90-91; Ct. Recs., vol. xvii (s-i), pp. 533-534- 'Jour., July 25, 1746, p. 92. *Ibid., Aug. 5. 1746, p. 95a; Aug. 6, 1746, p. 96a; Aug. 7, 1746, p. loi; Aug. 12, 1746, pp. 107-108; Aug. 13, 1746, p. 109; Shirley to Committee of War, .-Vug. 9, 1746, Ar., vol. liii, fol. 203. ' Kilby to Hancock, Aug. 25, 1746. Boston Public Library Mss., Ch. F, I, 49- 332 WILLIAM SHIRLEY— A HISTORY Kilby, however, was over-optimistic. The resuscita- tion of the expedition was only apparent. There were forces at work to prevent its proceeding which do not clearly appear. Newcastle afterward made a statement which is far from adequate as an explanation. He de- clared that the troops for the American enterprise were em- barked at Portsmouth by the end of May and were under orders to sail with the first fair wind, but that contrary winds having kept them from sailing for a considerable time, " Admiral Lestock and Lieutenant-General St. Clair about the middle of August last laid before His Majesty their opinion they could not that season get farther than Boston." This was several weeks after the Brest squadron had pro- ceeded tO' America. The responsibility for the hesitation in the period in which it seemed clearly practicable to get the expedition to sea presumably lay at the door of the ministry. That sapient group of statesmen decided, a& Newcastle reported, tO' have it remain in England until the following spring. It was assumed that upon proceeding then it would be ready to undertake operations " as early in the year as though they had wintered at Boston," and that the troops after wintering in Ireland would be in better con- dition. And in the meantime more information was expected from Shirley and Warren to enable the ministry to judge more certainly whether the force provided for the expedition might be sufficient for the end proposed. Therefore all of those officers' letters were carefully examined and consid- ered, and, Warren happening to arrive in England just as this important matter was being discussed,^ he was called 'This was apparently at the end of 1746 or the beginning of 1747, as Warren seems not to have left America until late in 1746. Shirley and Warren to Greene, Boston, Oct. 23, 1746, R. I. Col. Recs., vol. v, p. 195, Sh. Cor., vol. i, pp. 359-361 ; Shirley to Lords of the Treasury, Jan. I, 1747, T I 324; Shirley to Warren, Jan. 2, 1747, Sh. Cor., vol. i, p. 376. MEASURES FOR THE CCXQIIST OF C-IXADA 333 in. The kir.g'j servants then iind:~g diai he believed dia; more ice:; chari had previously been supj>:'sed were iiecessar}- ':• success, arid thai ii vcould "?i then be p-^ssible to raise diat many in America in time :;• proceed ±a: seas-Xi (1747^ the king decided, though very unwiLir.gly. to lay aside the plan for sending Si. Clair's expedition cc X onh _\rnerica. Tnis was necessaiy- because there had no: been -ime since Warrens arrival iwr " any possibility in other respects." to provide in that session of Parhament " for such a great command by sea and land, and such an innnense expense as mnst be incurred by it." Besides, trcc'ps we^ needed for a large force in Flanders, and a furdier contingent and a considerable squadron were required 10 defend HcJland. which also made it more dificuli to send any considerable land and sea forces to -\iiLerica at that time. Therefore. since great and extensive conqnests in Xorth -\nterica vvere for the present inqtracticaUe. measures were forthwith con- sidered for the defense of the English possessions there and for doing what incidental damage 10 the French was feas- ible. A plan f c r sending a na\"al force over under Vrarren had been aoproved, but the adniiralrv had represented that in view of a French armarnent at Brest, the honte nee: might be too weak if ihey were immediately seir. Therefore tltey would be held, with the exceprion of r.vo ships of the line. nzvl news had been receive>d that the Brest scuadrtn or pan of it had sailed for America, ^\~hen such news was re- ceived Warren wotild be at once despatched after it. with a sunicient force to defend the English possessions on that continent. This force would include the remainder of Frantpton s regiment, a part of which -^^s already in gar- rison at Louisborg'. Meanwh-l!e the colonies in -\merica vrere conmended to 334 WILLIAM SHIRLEY— A HISTORY the care of Shirley and Knowles/ who were jointly to plan, supply the wherewithal, and execute; to meet the French forces already in America, and tO' be prepared to meet any coming from Europe. Nova Scotia and Louisburg were to receive their especial guardianship. But as "the ex- pense of these Americans [who had been raised for the Canada expedition in the preceding year] is very great " it was directed that aside from such as might be needed in ad- dition to other forces there for protecting those places, which Newcastle hoped would be " a small number," Shirley and Knowles should " thank them, in such manner as you think proper, and immediately discharge them upon the best and cheapest foot you can." They were tot consult with the different governors upon the manner of doing it, and to send home an immediate account of their proceedings. Upon receiving their report with vouchers, the accounts would be laid before Parliament for payment. They were especially enjoined to. discharge the men " as cheap as possible." It was intimated that the men who had not marched out of their own colony, should not receive full pay. As a seeming step toward the defense oif Nova Scotia Lieutenant Governor Mascarene was to be ordered by the secretary a.t war to follow his previous custom O'f obeying* orders from Shirley and Knowles in matters referring to the defense of his province. Further, as the treasury was complaining that bills drawn upon them in America were very irregular, Shirley and Knowles were directed that no further draught be made in that manner. Evidently aside fromi the limitations already noted Shirley and Knowles were to have carte blanche, for Newcastle added : It is impossible to send you more particular directions for 1 Warren's successor as governor at Louisburg. MEASURES FOR THE CONQUEST OF CANADA 335 your conduct; his majesty's view and intention is, tliat you should with the force you have, put Acadia and Louisburg in the best condition of defense, and if the enemy send any force from Europe, to make any new attempt in North America, in that case, Rear-Admiral Warren will immediately follow them. Having presented these necessary details the duke turned to regrets and appreciation. It was impossible tO' send word until it was finally determined what to do in America that year, " and as that has varied often and necessarily changed, according to the preparations carrying on by the French in Europe . . ," it would have been useless to have written sooner/ However, the colonial secretary was deeply regretful that the attempt upon Canada had proved impracticable for that year and observed " that would have been a glorious work." ^ Thus the ministry reached their first stable decision re- garding the proposed conquest of Canada, that no con- ^ After reaching the conclusion that the season was too far advanced to allow the expedition to proceed in 1746, it had been decided by the ministry to use its forces for a descent upon the coast of France, and then to utilize them for the following year in America. Admiral Lestock's Instructions, Aug. 26, 1746, Hardzvicke Papers, M'tsccllaney Mss., 75, 6, Neiv York Public Library. The degree of despatch employed by Newcastle is illustrated by the fact that not only had Admirals Anson and Warren, who were referred to in the beginning of the letter as preparing for sea, met a French fleet and captured six men-of-war and some armed Indiamen in part destined for America before its close, but the duke was able to enclose an account of the engagement printed by authority. This victory, however, made a further attempt by the French to send an armament to America that year improbable. A few transports escaped, but New- castle believed that they had few or no troops, and were accompanied by no ships of force. For an account of this engagement, cf. Anson to Stone, May 28, 1747, C. O. S goi, 124; Boston Weekly Post Boy, Aug. 3, 1747- 'For this belated conclusion of an unattempted enterprise, cf. New- castle to Shirley, May 30, 1747, C. O. 5- 45, 247 (extract, Sh. Ccur., vol. i, pp. 386-389) ; Newcastle to Knowles, C. O. 5 45, 258. 336 WILLIAM SHIRLEY— A HISTORY quest should for the present be attempted, more than a year after giving orders that it should forthwith be undertaken/ Meanwhile Shirley and Warren were left for several months after it was apparent that no expedition could proceed in the year 1746 with no explanation of the situa- tion and with no instructions for their conduct. Whe'n Warren returned to England, presumably to use his personal influence to secure adequate provision for the conquest during the succeeding season, Shirley was left the sole trustee in America, of the crown's discretion regarding such an expedition. He was then allowed to remain uninformed for many months longer before the truth, which he could not fail to suspect, was verified, on Aug. 14, 1747, by a letter from the ministry.^ And while awaiting this notifi- cation the troops were neither in service nor out of it, but a great burden upon the colonies, and the lack of action was a source of irritation to the people. At the time that Kilby was sending what proved unre- liable news tO' America the plot was thickening there. This was apparent when news reached Shirley at or just after the time of his struggle to secure the embarkation of the ex- pedition, that some French men-of-war had entered the St. Lawrence, and that several of their transports were ex- pecting to rendezvous in Bay Verte in Nova Scotia, thereby menacing Annapolis and the rest of the peninsula. He fore- saw that the occupation of Nova Scotia would enable the French to bring against Louisburg a force twice as large as that which took it from them. He had also' heard that some French vessels had entered " Jebucto'" harbor to aid the French inhabitants to erect fortifications there. These developments led him to urge Admiral Townshend in com- ^ Cf. supra, pp. 321-322. 2 Shirley to Clinton, Aug. 15, 1747, Sh. Cor., vol. i, p. 393. " More often spelled Chebucto. It is the site of the present Halifax. MEASURES FOR THE CONQUEST OF CANADA 337 mand of the fleet at Louisburg tO' take steps to prevent the French from getting a footing at Chebucto, Bay Verte, or any neighboring harbors, to suppress the French inhabitants in Nova Scotia, and to protect Annapolis.'- With this compulsory change in the character of the campaign, the attempt upon Canada was abandoned in America, unless the home government should revive it. > Shirley to Townshend, Aug. 14, 1746, C. 0. 5 7S3- CHAPTER XVI The Change of the Tide in America Shirley now seemed securely hobbled between the pro- ceedings of the ministry and those of the general court. Possibly that condition was not unwelcome to most of the ministry, for his exploit at Louisburg had been more ap^ plauded than rewarded. Moreover, Bedford, who obviously had miuch influence in war policies, had shown clearly that the demonstration of independent power given by New England on that occasion was regarded with jealous distrust by him. Possibly, underneath the unconscionable indeci- sion which the ministry were apparently displaying, Bed- ford and perhaps others were not unwilling that matters should be so shaped in America that the aggressive Shirley should not be able to play too' fully the part of a Caesar in the Canadian Gaul. It is possible that the provision of the plan of campaign suggested by Bedford, that the American levies should be raised without quota,^ whereby it was made as certain as any merely administrative device could well make it that the troops raised from the colonies should by themselves be in- adequate for the task of duplicating in Canada the coup at Louisburg, was not based upon stupidity but upon shrewd foresight. There were, indeed, embarrassments connected with the Brest squadron and otherwise which may explain to an extent the delays in England. These difficulties, however, do not throw any appreciable light upon the behavior of the •^ Cf. supra, p. 317. 338 r THE CHANGE OF THE TIDE IN AMERICA 339 English government toward the American project. They directed the assembhng of a large array in America, post- poned for a year the pljm in which that force was to play a part, and meanwhile left the men responsible for prepara- tions in America for months without an inkling as to whether the plans had been changed or abandoned. It is not to be supposed that there was real suspicion of Shirley's loyalty to the home government, but there was un- doubted distrust of the means which he was employing in its service. While busy with the difficulties about him Shirley, who had evidently become convinced that another campaign would be needed tO' win Canada, drafted both a report upon the present operations and a suggestion of future lines of procedure. He stressed particularly the fixing of suitable quotas for the different colonies, and especially for those south of New England, since they had notoriously shirked in the campaigns of the last twO' years. He reported further that Warren and himself agreed that the conquest of Canada could not be successfully accom- plished with less than 20,000 men, 18,500 of whom should go by sea to the St. Lawrence, where 10,000 should besiege Quebec, 8,000 go on to take Montreal and 500 in small vessels hold the river between those places open to the Eng- lish and closed to the French. To insure success the follow- ing year, if the expedition devised for this year did not proceed, he suggested that directions be sent to all the governments to have assigned quotas filled, by impressment if necessary, and to transport the men to Louisburg by a fixed date early in the spring, to join a fleet and regular troops in an attack upon Quebec.^ Shortly after this Shirley was moved to write to New- • Shirley to Newcastle, Aug. 22, 1746, C. O. 5 901, 126. 340 WILLIAM SHIRLEY— A HISTORY castle again by a report that Admiral Knowles, governor at Louisburg, had advised the home government to demolish the fortifications there, to fill up the harbor, and to abandon the island, and that he was expecting orders to do so. This led Shirley to observe that there was another very good harbor at St. Ann's on the east side of the island, which might be fortified by the French with the same strength and ease as Louisburg had been. At the same time he pointed out that Crown Point was clearly within the limits of the English colonies. This stronghold commanded the approach to Montreal by way of Lake Champlain and the Indians were issuing thence and harassing the frontiers of New England and New York. He therefore suggested, in case it should not be captured before the war ended, that it might be stipulated in the treaty of peace that it be turned over to the English. He further urged that the English insist that their limits extend as far north as 48° north lati- tude, according to the limits of the grant by King James to the Council of Plymouth.^ The irresolution of the English policy in America was so patent that it could not escape the notice of the French and Indians upon the frontiers, and this, combined with the news of large preparations in France, naturally stimulated aggression. Even as Shirley and Warren, in search of expert advice, consulted Stoddard,^ his frontier was the scene of the heaviest attack which had come upon it during the war. Earlier raids upon the frontier facing Crown Point and Canada were now followed by an attack in con- * Shirley to Newcastle, Aug. 24, 1746, Sh. Cor., vol. i, pp. 339-341. It appears by Harrington to Trevor, June 20, 1746, that England had been negotiating for the return of Cape Breton to France for several months before Shirley wrote. Hardwicke Papers, Miscellaney Mss., yj 13, New York Public Library. 'Warren and Shirley to Wentworth, Aug. 25, 1746, 6 Mass. H. S. Colls., vol. X, p. 482, Sh. Cor., vol. i, p. 345. THE CHANGE OP THE TIDE IN AMERICA 341 siderable force directed at the chief Massachusetts fortress protecting the Housatonic and Connecticut valleys. The garrison at Fort Massachusetts, in the present town of Adams held out gallantly against 500 French ^ but were forced to surrender when their ammunition was exhausted.^ This disaster emphasized the nature of the issue which Shirley had already recognized as something different from the conquest of Canada. Canada, thanks tO' the watchful waiting of the English ministry, was beginning toi con- quer Massachusetts. Hence, a few days later, Shirley cut the Gordian knot in a message to the legislature. He an- nounced that as there was no news of the sailing of the British troops it was probable that they had not sailed by the middle of June. He added that Admiral Warren and himself were informed by persons acquainted with the St. Lawrence ^ that it was too late in the season to attack Quebec with reasonable hope of success. As the American forces were raised, were in the king's pay and almost ready for action, he believed it within the instructions and the general plan of operations for General St. Clair, Admiral Warren and him- self to direct an attack upon Crown Point, the key to Canada on the land side.* He added that, barring sudden instruc- tions to the contrary. Admiral Warren and himself, in the absence of St. Clair, had decided on this plan.^ This at- 'Lydius to Stoddard, Nov. 24, 1746, C. O. S 901, 90. 2 August 20, 1746. Daniel Warren to the General Court, Nov. 4, 1747, Ar., vol. Ixxiii, fol. 4. " Colonel Stoddard of Massachusetts and Colonel Atkinson of New Hampshire. Cf. supra, p. 340, note 2. * Shirley had suggested this plan to Warren. Shirley to Newcastle, Aug. 22, 1746, C. O. 5 901, 26. *The carrying out of this plan was made simpler from the adminis- trative point of view when Lt.-Gov. Gooch sent word early in August that his health prevented him from taking command of the troops from 342 WILLIAM SHIRLEY— A HISTORY tempt, if successful, would be a great protection tO' the western frontiers against the Indians. It would alsoi pre- vent the disaster of a defection of the Six Nations, and put them into active service/ Shirley also expressed the hope that the success of this expedition would facilitate the con- quest of Canada during the following year.^ The immediate result of this message was feverish activ- ity by the house to prevent any unnecessary expense through the clearly defunct expedition against Canada.' Shirley and Warren had already appealed to New Hampshire, Rhode Island and Connecticut for their cooperation in the expedition thus announced.* Shirley also requested Clinton to get artillery in readiness for use against Crown Point, and proposed to send ordnance stores from Massachusetts." In a few days Shirley returned to the subject and an- nounced that commissioners sent by Massachusetts to Al- bany " had succeeded, jointly with New York, in making a the more isouthern colonies. Thereupon, Brig.-Gen. Waldo of Massa- chusetts, a hearty supporter of Shirley's policies, was named by the latter and Warren to succeed him. Warren and Shirley to Newcastle, Oct. i6, 1746, C. O. 5 901. ^Jour., Aug. 27, 1746, p. u6. ^ Shirley to Newcastle, Aug. 22, 1746, C. 0. 5 901, 26. 'Jour., Aug. 28, 1746, p. 117; Aug. 29, 1746, p. 119. 'WaEren and Shirley to Wentworth, Aug. 25, 1746, 6 Mass. H. S. Colls., vol. X, pp. 482-485, Sh., Cor., vol. i, pp. 342-345 ; Warren and Shirley to Greene, Aug. 25, 1746, Cor. Col. Govs, of R. I., vol. ii, pp. 3-8; Whipple to Shirley and Warren, Aug. 29, 1746, ibid., pp. 8-9; Warren and iShirley to Law, Aug. 25, 1746, Conn. I-I. S. Colls., vol. xiii, pp. 288- 292 ; Law to 'Shirley and Warren, Sept. 2, 1746, ibid., pp. 292-294. 'Warren and Shirley to Wentworth, Aug. 25, 1746, Sh. Cor., vol. i, p. 345. 'Shirley found difficulty in securing action by the general court ap- proving the sending of these commissioners to Albany with suitable presents to the Indians and full authority to act. No other colony provided similar presents except Virginia, which voted £400 sterling for that purpose. Shirley to Newcastle, Aug. 22, 1746, C. 0. 5 901, 26. THE CHANGE OF TUE TIDE IN AMERICA 343 treaty with the Six Nations, by which the latter were to co- operate against Crown Point/ He therefore asked prompt provision for the campaign against that place. To give point to his appeal, he declared that the presence of the French there caused the bad conditions upon the western frontiers exemplified by the disaster at Fort Massachusetts, and the plundering at Northampton, of which he had re- ceived information by letter the night before." Thereupon the legislature provided for transporting 2,000 men to the Hudson river. ^ By a later vote, however, the provision was to be for 1,500 men only.* A complication appeared when Shirley proposed that in view of the preparations being made by (the French, seem- ingly against Annapolis or Louisburg, men raised for the Canada expedition who were not fitted for long marches in the woods should be detached for service in the defense of these places. They were to be joined with others whom he hoped to secure from New Hampshire and Connecticut. He also hoped to secure a naval force, in part from Admiral Townshend, to accompany them in an attack upon the French in Nova Scotia before the latter became too strong.^ The legislature, however, failed to respond, and Shirley brought the subject up again a few days later with solemn emphasis. He explained that the crisis in Nova Scotia ' Wraxall, op. cif., pp. 247-248. 'Jour., Sept. 3, 1746, pp. 122-123. '/Wd., p. 124. ''Ibid., Sept. 12, 1746, p. 138. 'Mascarene had lately written that he had only about 220 effectives in his garrison and that many of the recent recruits from England were of little value. As his barracks would hardly hold more, his plan was to use troops in the field, thus avoiding the crowding of quarters. IMascarene to Shirley, Aug. 20, 1746, 6 Mass. H. S. Colls., vol. x, pp. 479-482 (extracts, Sh. Cor., vol. i, pp. 337-339). For Shirley's proposals to the legislature, cf. Jour., Sept. S, 1746, pp. 127-128. 344 WILLIAM SHIRLEY— A HISTORY was not known when the enterprise against Crown Point was proposed. He had now learned that thirty French officers, including the Chevalier de Ramsay, an officer of distinction from Canada, were in the district of Menis, and that several French transports had gone to Bay Verte, while two large French ships were at Chebucto. The evidence altogether was conclusive that an attack on Annapolis was in preparation.^ He believed the French forces could be dispersed without difficulty, but that if left undisturbed they would win over the French inhabitants and make a formidable attack upon the garrison with the support of artillery, besides creating fortified positions by which to hold the rest of the country. He sketched the disastrous results tO' the English from such neglect in connection with Maine, New Hampshire, the mast country, the fishery, and the attitude of the Indians. He even prophesied, in case Nova Scotia were lost and New England could not regain iit, that the crown might ]ye forced, if possible, to exchange Cape Breton for it, to again secure a barrier for New Eng- land against the French. As to the Crown Point expedi- tion, he hoped there would be forces enough tO' carry on both that and one against the French in Nova Scotia.^ The reply of the general court voiced profound discour- agement. They had gone as far in taxing the financial and fighting strength of the province as the people could bear; they were now scarcely able to resist the attacks of the French and Indian enemy. However, if Shirley wished to employ part of the forces raised for the Canada expedition in Nova Scotia the legislature did not object, provided that 'That Shirley's deduction of the nature of the plans of the French was probably correct appears by Vice-Admiral Anson to Stone, May 28, 1747, C. O. S 901, 124, The reference is to the campaign of the following year, but it is probable that operations were planned on the same lines in 1746. 'Jour., Sept. 9, 1746, pp. 131-134, Sh. Cor., vol. i, pp. 346-349. THE CHANGE OF THE TIDE IN AMERICA 345 1,500 men were sent against Crown Point, that none of those going to Nova Scotia be kept there after the campaigu bad closed, and that the expenses of the expedition should not fall upon the province/ Meanwhile Shirley wrote a letter to Mascarene for the purpose of having it published among the people of Nova Scotia, to assure them that he knew nothing of a rumored plan of the English government to deport them generally from their homes. He added that he would properly rep- resent their case to the king to secure his favor and protec- tion for those who' were loyal and peaceable. He stated, however, that if disloyal they must expect the same treat- ment that would be accorded other English subjects under the same circumstances.^ By this means he reduced the probability cf revolt on the part of the French inhabitants, and therefore the need for English troops. Just at this juncture, when the absence of English forces seemed to be reducing Shirley almost to his role of 1 744 as the guardian of Nova Scotia, a new factor suddenly dis- turbed all calculations. The campaign which was expected to develop a supposedly triumphal thrust by England at the vitals of Canada now disclosed a French Juggernaut ready to ride ruthlessly over the English colonies. Shirley had foreseen, what the English ministry apparently refused to credit, that France would not accept the loss of Louisburg without an earneslt effort tO' retrieve herself. To be sure, the home government learned that a French fleet f romi Brest and elsewhere had put to sea about June 20th. ^ Admiral Les- ^lour., Sept. 10, 1746, p. 13s, Sh. Cor., vol. i, p. 350. 2 Shirley to Mascarene, -Sept. 16, 1746, Sh. Cor., vol. i, pp. 354-355. 'Townshend and Knowles to Shirley and Warren, Sept. 11, 1746, Conn. H. S. Colls., vol. xiii, pp. 301-302 ; Deposition of Lawrence Payne, Sept. 19, 1746, C. O. 5 901, 48. Payne, who had been a prisoner at Hispaniola, had heard the news of their approach there. 346 WILLIAM SHIRLEY— A HISTORY tock was expected to pursue it with an English squadron but was diverted from that task to join with St. Clair in an expedition to the French coast, where they were tO' create a diversion in favor of the forces in Flanders.^ It cannot be supposed that Shirley counted implicitly upon a serious effort from home for the conquest of Canada, either before or after the English government directed that it should be undertaken. His original plan was devised with the intention of making dependence upon such assistance largely unnecessary. What might have been accomplished under such a plan, had it been accepted without qualification at home and adequate quotas asisigned to the different colonies, cannot be stated. However, it is not possible to doubt that the English colonies would in that case have been in a better position to meet the crisis now approaching than that in which they were after the mischievous alteration, if- not deliberate obstruction, by the English government. In view of what must have been Shirley's mental reserva- tions regarding the action at home it seems probable that his zeal in continuing enlistments after the probability of an effective expedition was past, his urgency that the troops be transported tO' Louisburg, and then that transports be fitted out for use when required, the proposed expeditions against Crown Point and against the French in Nova Scotia, all had in view the stimulating of the colonists to raise, equip and maintain in the field as adequate a force as pos- sible, and in as favorable a situation as possible, either for an expedition against Canada, or to meet the French on- slaught which he foresaw in case the English allowed the initiative to pass tO' their opponents. It was now about to be demonstra]ted that such prepara- tions were those which the French plans would suggest. 'Admiral Lestock's Instructions and Journal, Hardwicke Papers, Miscellaney Mss., 75 6, 7, New York Public Library. THE CHANGE OF THE TIDE IN AMERICA 347 The French fleet had a long passage but approached the coasts south of the Gulf of St. Lawrence about September I3t. The English at Louisburg seem to have received, on September 8th, the earliest news reaching any place of im- portance, of the presence of a large French squadron in their vicinity.^ Their information indicated a very large armament under the Due D'Anville, including eighteen war- ships and numerous transports, in the total nearly seventy vessels. It was reported also that there were 8,000 troops aboard." It appeared that the immediate danger was some- what lessened by the fact that there had been much sickness and a large number of deaths in the long passage. The fleet, also, had been scattered by a storm just before reach- ing the coast, whereby one small vessel had been wrecked on the Isle of Sable. Thus far, no indication of the destina- tion of the expedition as a whole was available, and Town- shend sent a ship along the shore of Nova Scotia to seek in its harbors further information. He likewise hastened to strengthen the defenses of Louisburg and to notify Shir- ley that if the attack were against Massachusetts he would send all the aid he could spare. ^ 1 One French vessel was taken on August 2Sth while trying to enter the St. Lawrence; another bound thither was wrecked on the Isle of Sable, September 3d. A Marblehead fishing boat saw three large warships in adjacent waters on September 7th. Townshend and Knowles to Shirley and Warren, Sept. 11, 1746, Conn. H. S. Colls., vol. xiii, pp. 301-302. 'Another report which reached New York a few days later credited D'Anville with having 26 warships and 40 transports carrying 15,000 troops, and with bringing with him siege equipment and all the French prisoners sent to France after the surrender of Louisburg. Later re- ports by prisoners held by the forces under D'Anville put the number of his ships higher, one witness saying there were 97 at the start, in- cluding 30 men-of-war. The same person estimated the troops at 7,000 or 8,000. Declaration of Sanders, Oct. 22, 1746, C. O. $ poi, 66; Deposition of Rene Het, Sept. 15, 1746, C. O. S 901, 46. 'Townshend and Knowles to Shirley and Warren, Sept. n, 1746, ■Conn. H. S. Colls., vol. xiii, pp. 301-302. 348 WILLIAM SHIRLEY— A HISTORY Meanwhile the news was brought to Boston by fishermen who had seen the fleet September 9th and loth, about ten leagues west of Chebucto, the present Halifax. At this time Shirley thought the squadron might be a part of the Brest fleet intended to attack Nova Scotia, and perhaps Louisburg, and afterward defend Canada. Thereupon he suggested to Newcastle, in case the French made an imme- diate and successful attack upon Nova Scotia, and St. Clair arrived in time with a fleet, that his troops be used at once to recover it. At the same time Shirley was sending )to Chebucto a man who had undertaken to enter the mouth of the harbor in a whale boat for the purpose of securing for Townshend at Louisburg news of the strength of the French fleet. ^ Just at this time when dangers seemed to be thickening about him and plans brilliant in conception were falling about his ears like a house of cards through the maladroit ex- ecution of the home government, Mrs. Shirley, his compan- ion and helpmeet, died. In the preceding year, while his great coup at Louisburg was in preparation, his beloved daughter Frances had been snatched from him,^ while now the mother, whose aid and encouragement had contributed much to his success, was likewise taken away.^ But the urgency of the crisis allowed nO' leisure for the indulgence of his grief. News received at New York indi- cated that a French fleet in the West Indies had received orders tO' proceed upon a secret mission. The action of the commander in securing pilots for the North American Qoast^ implied a purpose to join D'Anville's squadron. The same informant had been assured that the huge armament was directed against Newfoundland and Cape Breton.* On ' Shirley to Newcastle, Sept. 19, 1746, C. O. 5 901, 33. 2 Shirley to Pepperrell, Feb. l8, 174S, Sh. Cor., vol. i, pp. 185-186. 'On Aug. 31, 1746. * Deposition of Rene Het, .Sept. 15, 1746, C. 0. S 901, 46. THE CHANGE OF THE TIDE IN AMERICA 349 September 19th there arrived in Newport, R. I., a prisoner of war (from San Domingo) who testified that four French men-of-war, which had come there from France, had gone north to join the Brest fleet shortly before he sailed for New England. This fleet itself, be declared, had as its primary object the capture and maintenance oi Cape Breton, and if too late to succeed there, it proposed to attack Boston/ This was uncomifortably interesting news and, taken in connection with other reports from New York and elsewhere of the magnitude of the fleet, ^ looked quite as though a descent upon the New England coast was intended. This impression was strengthened by a deposition affirming that four French ships near the Nova Scotia shore were sailing southward, declaring that they were bound tO' Annapolis, but inquiring the location of Cape Sable and Cape Cod.^ Steps had been taken immediately upon receiving news that the squadron was upon the Cape Sable shore for send- ing 300 men to reinforce Annapolis.* These plans were not abandoned, and New Hampshire was urged to send 200 more men.^ In making these dispositions Shirley was acting upon the strength of the assurances, contained in " British prints" which had reached him, that St. Clair with a squad- ron and British troops would shortly arrive at Louisburg." 'Deposition of L. Payne, Sept. 19, 1746, C. 0. S 901, 48. 2 The report was that thirty sail had been seen about fifteen leagues •west of iChebucto harbor on the Cape Sable shore, about 150 leagues from Boston, sixty from Louisburg, and eighty from Annapolis. Shirley to Newcastle, Sept. 19, 1746, C. O. $ 901, 33. Cf. also, Shirley to New- castle, Sept. 29, 1746, C. 0. 5 901, 39. For further data regarding the size of the fleet, cf. Admiral Lestock's Journal, loc. cit. 'Deposition of Ingersoll and Lufkin, Sept. 22, 1746, C. O. S 901, 47. 'Shirley to Newcastle, Sept. 19, 1746, C. 0. 5 901, 33. ^Warren and Shirley to Wentworth, Sept. 23, 1746, Sh. Ccr., vol. i, p. 357. ° Shirley to Newcastle, Sept. 29, 1746, C. 0. S 901, 39. 35° WILLIAM SHIRLEY— A HISTORY For the defense of the New England coast, however,. Shirley, although convinced of the improbability of in- vasion,^ had already made prodigious efforts to prevent a successful surprise.^ He wrote to Governor Thomas of Pennsylvania urging the preparation of as large a land and sea force as possible to be ready to sail to Rhode Island " upon the first advice of the approach of the enemy." * Similar appeals were made to the other colonies between Pennsylvania and Massachusetts,* but he received little or no aid from them.'^ The general court was not in session, and Shirley, before he was able to consult them, exercised his full authority as commander-in-chief under his commission. Thereby he trenched upon functions which in ordinary times would have been accorded to that august body. He issued orders for completing the works at Castle William and Governor's Island and for supplying them with needed cannon and good garrisons. He also ordered the mobilization of the militia, with the exception of those serving upon the frontiers, to proceed at once to the defense of Boston. As a further security he took steps for protecting the ship channel, while the town built batteries for its own defense.* The regiment Ubid. 'Shirley to Wentworth, .Sept. 20, 1746, Sh. Cor., vol. i, p. 355. 'Min. Pr. CI. Pa., vol. v, p. 55. *Jour., iSept. 30, 1746, pp. 143-145. 'Shirley to Newcastle, Dec. 11, 1746, C. 0. S 901, 87. ^ Jour., Sept. 30, 1746, pp. 143-145. The defenses of the town against a fleet were elaborate, including not only hulks to be sunk in the channel, but a cable boom across it and a squadron of armed ships behind these obstructions, while the enemy in attempting to force an entrance would be under the direct fire of the Castle. Shirley realized that Boston might be battered into ruins and laid under contribution if the fleet once passed the defenses, but believed troops could not be landed, as he would have 15,000 good men within twenty-four hours' march of Boston to oppose them. Shirley to Newcastle, iSept. 29, 1746, C. 0. S 901, 39- THE CHANGE OF THE TIDE IN AMERICA 351 commanded by Colonel Plaisted of Salem was called out for the defense of that town and the neighboring shores of Essex county/ As the enemy did not immediately appear, he sent half of the militia home to help get in the harvest with orders to be ready to march upon an alarm, and upon request of the legislature agreed on October ist to send home those living in and near Boston upon the same conditions.^ By way of adjustment Shirley brought into play the troops in the king's pay, ordering 500 of them under Brig. -Gen. Dwight to the western frontiers, and the rest to do garrison duty at Castle William and Governor's Island, thus reliev- ing the militia who had been stationed there. ^ Meanwhile the behaviour of the French fleet, in remain- ing for about twenty days in nearly the same position off the Nova Scotia coast and not far from the point where an English fleet would be likely to approach land, led to the belief that they might be lying in wait for the fleet expected under Lestock. Hence Warren and Shirley sent four ves- sels to attempt to deliver despatches to Lestock at sea, ap- prising him of the situation.* While seeking to guide the English admiral safely to the shores of America and while apparently absorbed in the de- fense of Boston, Shirley was also writing to Newcastle to stress the supreme importance oi Nova Scotia to England. He declared that province more essential to the empire than Cape Breton, for upon its fall the French might be en- couraged to undertake the conquest of the continent, even ' Plaisted to Jenks, Sept. 22, 1746, N. E: His. and Gen. Reg., vol. ix, p. 204. 'Jour., Sept. 30, 1746, p. 14s; Oct. i, 1746, p. 146. 'Ibid. 'Warren and 'Shirley to Lestock, Sept. 27, 1746, Cor. Col. Govs, of R. I., vol. ii, pp. 16-19, Conn. H. S. Colls., vol. xiii, pp. 320-322; Sept. 29, 1746, ibid., p. 324; Shirley to Wentworth, Sept. 29, 1746, Sh. Cor., vol. i, p. 358. 352 WILLIAM SHIRLEY— A HISTORY though the war might thereby be protracted for several years at great cast to France. England, however, could reduce Canada toi a feeble state by closing the mouth of the St. Lawrence (by which it re- ceived its sustenance). So long as the English held Nova Scotia, provided Cape Breton could be kept from the French, the latter was of little importance to Great Britain. Nevertheless, as the French had fortified it in violation of a solemn agreement, when yielded to them in exchange for Placentia in Newfoundland, it seemed inadequate to merely destroy the fortifications there or to pledge the French not to rebuild them.^ Upon the whole he thought that whenever the interest of the empire made it appear advisable to give up Cape Breton, say at the winding up of the war, it would not be difficult for England to retake it at will. This conclusion, however, was subject to the provisos that the English keep Nova Scotia, that the inhabitants there be put on the footing of loyal subjects, and especially that the present Halifax be fortified and a setdement made there instead of at Canso. On the other hand, the combined control of Nova Scotia, Cape Breton and Canada by the French would be fatal to the English colonies. Further, it was advisable to secure Crown Point in the treaty of peace. As to- the reduction of Canada, if undertaken the next year, he thought the regular troops should number at least 8,000 and the colonials 20,000. He observed that the will- ingness of the French to risk the destruction of most of their ships of the line while upon the present expedition seemed to be a measure of the value put by them upon their 1 Newfoundland was ceded to England and the French claim to Cape Breton was recognized by the treaty of Utrecht, but tliat pact, ap- parently contrary to Shirley's impression, allowed France to fortify it. Cf. H. of C. Jour., vol. xvii, p. 329. THE CHANGE OF THE TIDE IN AMERICA 353 interests in North America, and particularly upon the re- duction of Nova Scotia/ As the popular apprehension of an attack upon Massa- chusetts gradually waned with the inaction of the French fleet,^ Shirley took further steps to relieve what seemed the desperate plight of Nova Scotia/ He allotted for the de- fense of it 600 men from those raised for the Canada ex- pedition, secured 300 more from Governor Wentworth of New Hampshire, and in company with Warren appealed to Governor Greene of Rhode Island to send the same number from his province.* While these measures were still in progress Shirley in conjunction with Warren sent home a fully developed plan for a campaign against Canada during the following year. The inaction of the home government had allowed the golden hour in which Canada was probably within easy grasp to elapse. France was now upon her guard and it must therefore, it seemed, be a sterner task, especially if Nova Scotia were lost. Hence, the estimates of forces needed now included eighteen ships of the line, frigates, sloops, fire ships, bomb ketches and tenders. Of these it was proposed that twelve ' For this calm though urgent discussion of the situation as it appeared in the presence of EVAnville's armament, cf. Shirley to Newcastle, Sept. 29, 1746, C. O. S 901, 39- 'The threat from D'Anville's expedition made a tremendous impres- sion upon the public mind at the time. This was testified to by an eye- witness who declared : " I remember the spirit here when the Duke D'Anville's squadron was upon this coast, when 40,000 men marched down to Boston, and were mustered and numbered upon the Common, com- plete in arms, from this province only, in three weeks ..." Extract of a letter from a gentleman in London, Jan. 21, 1775, Force, American Archives., 4th ser., vol. i, col. 1168. ' Shirley to iNewcastle, 'Sept. 29, 1746, C. 0. 5 901, 39. * Shirley and Warren to Greene, Oct. 14 1746, R. I. Col. Recs., vol. v, p. 192. 354 WILLIAM SHIRLEY— A HISTORY ships O'f the line with frigates, sloops, fire ships and trans- ports should go up to Quebec, while the remaining six ships of the line with two or three sloops and frigates should re- main to watch Louisburg and the mouth of the St. Lawrence, and to furnish news of any enemy movements. There should be at least 8,000 regulars from England, with a large train of artillery and siege materials, and the force should be provisioned for twelve months while a supply for four months more should be stored at Louisburg. In case Canada were not reduced in one summer campaign he pro- posed that wooden barracks be erected for the troops from materials which should be provided. It was suggested that the colonies should raise 22,000 troops, to be apportioned according to population, the quotas to be filled by drafts from the militia by the governors if necessary, unless prevented by charter privileges. In such cases the governors were to be directed to urge most pres- singly necessary action by the legislatures to provide for the raising oif the quotas allotted. Twelve thousand colonials were to proceed with the fleet to Quebec and the remainder by land against Montreal. The colonials should serve under American ofificers from generals down, whether proceeding by sea or land. At the end of the campaign arms and equipment supplied the Americans should be stored for future service in the differ- ent colonies in proportion to the number of men furnished by each, and the arms captured from the enemy should be divided among the troops. It was moreover proposed that the Americans upon reach- ing the enemy's country be clothed in British uniforms to make them appear like regulars, which they would soon become. Aside from the marines, three-fourths of the sea- men should also be armed with muskets, cutlasses and pistols, and the whole ships' crews should be trained to the use of THE CHANGE OF THE TIDE IN AMERICA 355 small arms and grenades. The Americans should also be kept from contact with the regulars as much as possible. Equal and joint command of the expedition by comn manders of the land and sea forces was recommended. As a special contribution to the expedition, New England was to furnish 6,000 pairs of snowshoes, as many moccasins, and 5,000 haitchets. It was thought armed vessels from the colonies would be useful, as also light armament upon fifty or sixty sloops and schooners among the American trans- ports would be necessary to fit them for river service on both sides of Quebec. The expedition was to rendezvous at Louisburg or Spanish river by May loth, to proceed to the St. Lawrence by May 25th, where they were to assemble at Tadousac. To avoid delay in securing funds from legislatures tot meet any expenses which it should be decided to have paid by the colonies the project proposed that the generals-in-chief and the governors be allowed to draw bills on the treasury at home for necessary sums. In such cases notice was to be given to the colonial governments that after the expedi- tion was over each of them would be expected to bear al reasonable share of the expense.^ 'The following table shows the quotas and service proposed for the- different colonies. Colonies Men for the Expedition To Go By Sea To Go By Land Total New Hampshire 500 500 1,000 Massachusetts 2,000 2,000 4,000 Rhode Island 1,000 i,ooo-. Connecticut 1,000 1,500 2,500- New York 1,000 2,000 3,000 New Jersey 500 1,000 1,500 Pennsylvania 2,000 3,000 S,ooo Maryland 1,500 1,500 Virginia 2,500 2,500 For the above plan for the 1747 campaign, cf. Warren and' Shirley to Newcastle, Oct. 12, 1746, C. O. 5 901, 51. 356 WILLIAM SHIRLEY— A HISTORY The best conjecture as to the authorship of the scheme just given seems to be that Warren was largely responsible for that part relating to the fleet and that Shirley similarly suggested most of the features dealing with land operations. On the day following the date of this plan, Shirley wrote the duke personally upon conditions. After expressing the ■opinion that the French would not remain at Chebucto long in view of bad conditions in the fleet he urged that the Eng- lish government should not rebuild Annapolis nor strongly fortify Canso, but should develop at Chebucto a fortress and port which, with its fine harbor, would be worth ten times as much to the province as Annapolis, " and particul- arly remove the great dread of the ill consequences of Cape Breton's returning into the hands of the French, if the ex- igency of afifairs in Europe should inevitably require that, ■more than anything else that can be thought of, except the reduction of Canada." ^ A few days earlier the situation regarding D'Anville's fleet was brought to a crisis. The news now available led Shirley to doubt the intent of the Frenchman tO' do' more than make a show of force against Annapolis,^ before leav- ing the region. Nevertheless, near the middle of October, ihe sending of further forces to Annapolis (then standing a siege from Canadians and Indians) was temporarily in- terrupted by the declaration of a prisoner released fromi Chebucto, representing conditions much more favorably for the French than the facts warranted.^' The caution prac- > Shirley to Newcastle, Oct. 13, 1746, C. O. 5 901, S7- 'Shirley to Newcastle, Oct. 23, 1746, C. 0. 5 901, 64; Foster's d€clara- ■tfon, Oct. 24, 1746, C. O. S 901, 69; 'Shirley to Wentworth, Oct. 25, 1746, Sh. Cor., vol. i, pp. 362-363. * Shirley to Newcastle, Oct. 23, 1746, C. O. S goi, 64; Shirley and Warren to Greene, Oct. 23, 1746, R. I- Col. Recs., vol. v, p. 195; Sh. Cor., vol. i, p. 360; Mascarene to Shirley and Warren, Oct. 26, 1746, C. 0. ■3 901, 72. THE CHANGE OF THE TIDE IN AMERICA 357 ticed was no doubt greater after a list of the fleet found upon a French prisoner at New York showed how huge the armament had been upon its leaving France.^ A few hours later, however, fuller news revealed that the grand fleet, so imposing in appearance was but a weakling in reality, wholly unable tO' meet an opponent of considerable strength. It was then discovered that the sickness on board the fleet had left them almost wholly helpless. Before most of the fleet reached ChebuctO' the commander, D'Anville,. died, perhaps of grief,' though it was suspected that he had taken poison. So much dis,sension followed that the second in command fell upon his sword and apparently committed suicide, whereupon he was succeeded by M. La Jonquiere. Ill fortune did not cease tO' follow the squadron, for while on the way to Annapolis it picked up one of the ves- sels sent out by Shirley to^ warn Admiral Lestock of the pres- ence of the French fleet and learned from sailors aboard! it that Lestock was hourly expected. The French then at once abandoned all thought of an attempt on Annapolis, turned southward, and separated the forty-one vessels of which the fleet now consisted into twoi squadrons. One of these proceeded to- France and the other to the West Indies. Almost immediately after this change of course they encountered a severe storm from which they suffered severely in their weakened condition.^ Being unable to man all their vessels they burnt several, including a fifty-gun ship, before their departure." The forces before Annapolis 'Lieutenant-governor and Council of New York to Shirley, Oct. i, 1746, enclosed in Shirley to Newcastle, Oct. 13, 1746, C. O. 5 901, S7- 'For the conditions in the French fleet, cf. Memorandum of Stephen Brown, Oct. 24, 1746, C. O. 5 901, 65; Deposition of Seally and Furness, Dec. 31, 1746, Sh. Cor., vol. i, pp. 373-375; Statement of Harmon and Deas, Oct. 24, 1746, C. 0. S 901, 67; (Shirley to Newcastle, Oct. 23, 1746, C. O. 5 901, 64. 'Ibid. 358 WILLIAM SHIRLEY— A HISTORY now promptly broke up and raised the siege, leaving Shirley once more the savior of Nova Scotia/ Thus the great thrust by France in America in 1746 came to an end, leaving both Nova Scotia and Louisburg to the English and the situation substantially unchanged. That this was true, however, was the equivalent of a victory for the English, since the latter kept both their conquest at Louisburg and their allies, the Iroquois. The loyalty of the latter was maintained somewhat dubiously '' during the following winter,' and they were still ready for the war path against the French the next spring.* 'How toiShirley and Warren, Oct. 27, 1746, C. 0. 5 901, 75; Mascarene to Shirley, Oct. 27, 1746, C. 0. 5 901, y6; Gorham to Shirley, Oct. 27, 1746, C. O. 5 901, 74- ' Shirley's repeated urging of an attack upon Crown Point was chiefly to prevent the defection of the Six Nations, which he foresaw in case nothing were done by the English after announcing a campaign against Canada. Shirley to Newcastle, Dec. 11, 1746, C. 0. S 901, 87. •Lydius to Stoddard, Nov. 24, 1746, C. O. 5 goi, 90; Johnson to Lydius, Jan. 26, 1747, R, I. Col. Recs., vol. v, p. 210; Shirley to Greene, Feb. 7, 1747, ibid., p. 209, Sh. Cor., vol. i, pp. 378-379. 'Shirley to Wanton, May 18, 1747, R. I. Col. Rees., vol. v, pp. 216-217, Sh. Cor., vol. i, pp. 384-386. CHAPTER XVII Fighting for the Status Quo After the fiasco of D'Anville's expedition, Shirley re- ported to the admiralty that since many French ships had reached Canada in 1746 with stores, etc., and perhaps troops, it would require a stronger force the following year to sub- due it/ Evidence of increased vigor in Canada appeared at Thanksgiving time when it was learned that 1,200 French were being sent thence to Nova Scotia to conduct a spring campaign with the aid of the Indians and of forces ex- pected from France.^ Shirley at that time had been busy for nearly a month in preparing an expedition intended to drive the French out of their haunts in Nova Scotia, forestall such an expedition as was now in preparation, and firmly establish the English control there.* Upon this errand he sent 800 men,* a de- tachment of whom under Lieutenant-Colonel Noble occupied Menis, the former base of the Canadians. His force was smaller than expected, however, because of the shipwreck of some Massachusetts and Rhode Island forces and the disobe- ' Shirley to Admiralty, Nov. i, 1746, Ad. I, 3818. Information secured when Admiral Lestock captured one of D'Anville's ships off the coast of France in the fall of 1746, after its return from America, showed that nine ships of the convoy were loaded with arms and ammunition destined for 'Canada. Admiral Lestock's Journal, loc. cit. 'Lydius to Stoddard, Nov. 24, 1746, C. 0. 5 901, 90. •Shirley to Greene, Nov. 4, 1746, R. I. Col. Recs., vol. v, p. 203, Sh. Cor., vol. i, pp. 366-367. 'Shirley to Admiralty, Jan. lo, 1747, Ad. I, 3818; Shirley to Greene, Jan. S, 1747, Cor. Col. Govs, of R. I., vol. ii, pp. 34-3S, Sh. Cor., vol. i, p. 378. 3S9 360 WILLIAM SHIRLEY— A HISTORY dience of orders by a New Hampshire captain. This diffi- culty Shirley attempted to remedy by securing the despatch of further forces from New Hampshire and Rhode Island. Those colonies might more readily send men to Menis than to Crown Point, for the expedition against which all avail- able Massachusetts troops were needed.^ The task in Nova Scotia was now placed ahead of the capture of Crown Point, although the plan for the latter was not abandoned.^ Fruition of the Crown Point project was made impossible by the appearance of smallpox among the forces of New York and the southern colonies at and near Albany. This discouraged both the sending of New England troops to join themi and, for the time, the attempt itself.^ While these plans were under way Shirley found it nec- essary to combat the influence of a definite report that Knowles at Louisburg, with the cooperation of the Massa- chusetts governor, was intending to drive, all the French in- habitants out of Nova Scotia in the following spring. This, following the similar report earlier 'in the year, would naturally lead to their adherence bodily to the French cause. This report he met, with no great hope of success, by as- surances that he had presented their case as favorably as possible to the English government, and that he believed a favorable answer might be expected.* New Hampshire and Rhode Island failed to furnish rein- forcements for Nova Scotia, with serious results ior Noble and his troops at Menis, This force was lulled into a false security by the apparent inaccessibility of their position in 'Shirley to Wentworth, Feb. 9, 1747, N. H. Pr. Ps., vol. xviii, pp. 299-301 ; Shirley to Greene, Feb. 9, 1747, R. I. Col. Recs., vol. v, pp. 210-21 1, Sh. Cor., vol. i, pp. 379-381. 'Shirley to Wentworth, Nov. 11, 1746, Sh. Cor., vol. i, p. 368; Nov. 12, 1746, ibid., pp. 368-369, * Jour., Dec. 30, 1746, pp, 184-187. * Shirley to Mascarene, Dec. 19, 1746, Sh. Cor., vol. i, pp. 370-372. FIGHTING FOR THE STATUS QUO 361 the midst of the winter season. As a result they were sur- prised on January 31st and a considerable number killed (including the commander) and taken prisoners, by a force which would probably have been driven out of the peninsula had the troops asked for been sent/ After this reverse Mascarene suggested (i) an effort to drive the French out (with slight apparent hope of success without larger forces), (2) the punishment of the inhabi- tants who had received them, by devastation of the invaded districts, ( 3 ) the seizure of hostages from the inhabitants in case the enemy retired. He further suggested that the in- habitants might be transplanted, to prevent the French from increasing their subjects on English soil.^ Meanwhile Shirley was busy once more in securing a sea and land force sufficient to repossessi the peninsula. He also repeated to Newcastle a proposal made in the preced- ing year for the building of strong blockhouses at Menis and SchignectO', which, had they then existed, might have prevented the disaster tO' Noble's force. He also now urged an even larger establishment at Chebucto. He said these measures, with defenses at Annapolis and Canso, would ade- quately secure the province with garrisons totaling 1,000 men. He planned tO' secure the necessary men from the balance of General Phillips' regiment, the personnel of which had been increased, with the addition of some Indian ran- gers. To emphasize his suggestions he asserted that Nova Scotia was of most importance to the crown of all its prov- inces upon the continent.* 1 Mascarene to Shirley, Feb. 8, 1747, C. O. 5 goi, 103; Feb. 20, 1747, C. O. 5 901, 108; Feb. 21, 1747, C. O. S 901, 107; Shirley to Newcastle, Feb. 27, 1747, C. 0. S goi; Goldthwait to Shirley, Mar. 2, 1747, C. O. 5 901, 105; Shirley to Newcastle, .Mar. 9, 1747, C. 0. S 901, 106; lour., Mar. s, 1747, pp. 257-258. 'Mascarene to Shirley, Feb. 21, 1747, C. O. 5 753. 'Shirley to Newcastle, Feb. 27, 1747, C. 0. 5 901. 362 WILLIAM SHIRLEY— A HISTORY Two months later the governor, jointly with Admiral Knowles, made similar recommendations, but with the ad- ditional suggestions (i) that a strong fort should be built at Bay Verte which would command the isthmus upon which the Canadians and the inhabitants of St. John's usually landed when invading the peninsula, (2) that Che- bucto seemed to be designed by nature to be the chief harbor of Nova Scotia. Measures based upon these suggestions, they observed, would gO' far toward making that province the barrier of the English colonies, as it should be, instead of allowing it to remain the key for giving the enemy ad- mission into* them. Meanwhile Massachusetts troops were again in Menis, although there were prospects of renewed invasion which Knowles' fleet was too weak tO' prevent. The little naval force which Shirley and Knowles could muster by their joint efforts was being sent to* Bay Verte to capture some French vessels there, and thus check attempts on the prov- ince from Canada.' February saw Shirley pressing again for action against Crown Point, as a means of encouraging the Six Nations to act against the French.^ Although Connecticut would do nothing, he would have sent the available Massachusetts troops if New York had been willing to cooperate. How- ever, a sudden change in opinion by the New York council prevented Governor Clinton from doing so, and therefore the attempt was abandoned for that winter. The governor hoped that all might still be well, if the Indians were not alienated, and if the expedition against Canada were car- ried out during the coming season.® 'Shirley and Knowles to Newcastle, Apr. 28, 1747, C. O. 5 901, 20. ' Shirley to Greene, Feb. 7, 1747, R. I. Col. Recs., vol. v, p. 209, Sh. Cor., vol. i, pp. 378-379. 'Shirley to Newcastle, Feb. 21, 1747, C. 0. 5 901, 93. FIGHTING FOR THE STATUS QUO 363 The spring which now opened found the English cause in America at a low ebb. Shirley took steps to strengthen both the western and eastern frontiers of his province (the laiter of which had now been contracted by withdrawal of settlers to Damariscotta) in an effort to avoid experiences like that at Fort Massachusetts/ Meanwhile Admiral Knowles at Louisburg reported that his sea forces were so reduced that he was alike powerless to destroy French priva- teers infesting the waters of Nova Scotia and to keep open communication between Louisburg and Boston. He further stated that Ramsay, still in Nova Scotia, was expecting re- inforcements from both Canada and France. He also testi- fied that the New England troops, despite their reverse, had been the salvation of that province during the past winter.^ The one favorable feature of the situation was that the Six Nations were eager for the fray. They were kept keyed up largely through the influence of William Johnson and John Lydius, the agents of New York and Massachu- setts." While America was thus neglected England exerted many times the strengith probably required to tip the balance there in her favor to maintain an indecisive contest upon the con- tinent of Europe.* In June the annual French onslaught was preparing in Nova Scotia.^ However, the Massachusetts assembly had 'Shirley to Stoddard, Apr. 10, 1747, Sh. Cor., vol. i, pp. 383-384; Shirley to Waldo, Apr. 13, 1747, Ar., vol. Ixxii, fols. 739-741. Cf. supra, pp. 340-341- 'Knowles to Newcastle, Apr. 26, 1747, C. O. S 901, 109. *