;^:^ c — rt /•"' THE HISTORY O F MASSACHUSETTS, FROM THE FIRST SETTLEMENT THEREOF IN 1628, UNTIL THE YEAR 1750..;^, By THOMAS HUTCHINSON, Efq. Late Governor of Massachusetts. Hifteria, non oftentationi, fed fidci, Teritatique componitur. Pirn, EpiJI. L. 7. E. 33. IN TWO VOLUMESid^ VOL. IL With additional Notes and Corrections, PRINTED AT BOSTON, Br MANNING and LORING, For THOMAS and ANDREWS, No. 45, A^fw^tfry-^/r^^r/j^^^^w, 1795' CONTENTS. Page 5H£ Preface, 5 Chap. I. From the Charter in 1691, until the Ar- rival of Governor D u d l e y, />2 1 7 o 2 , 9 Chap. II. From the Arrival of Governor Dudley, y^ in 1702, to the Arrival of Governor Shute, ^ in iyi6, 124 - Chap. III. Fro7n the Arrival of Governor Shute, ^ in iyi6, to the Arrival of Governor Belcher, ^ in i73^:> 197 ^ ^ Chap. IV. Fro?n the Arrival of Governor Belcher, in 1 730, /o the Reimburfement of the Charge of the Expedition againji Cape Breton, and the Aboli- tion of Paper Money ^ in 1749, 331 ^ APPENDIX. ^^ No. I. A Summary of the Affairs of the Colony of New-Plym^outh, from the firfl Settlement until the Incorporation with Massachusetts, l5fc. in one Province, 404 No. IL The Examination of Mrs. Ann Hutchin- son at the Court at Newtown, November, 1637, ' 423 PREFACE. JL he conftitution and hiftorical occurrences of the Colonies in America become, every day, more and more, fubjeds of fpeculation in Great Britain. To this I attribute the favourable reception given there to my Hiftory of the Colony of Maffachu- fetts, which I intended merely for the benefit of my own countrymen, and to preferve among them the remembrance of fads but little intereft- ing to the reft of the world. The perufal of the materials from which I compofed my work, efpecially the letters and pa- pers of our firft planters, afforded me a very fenfiblc pleafure. We are fond of prolonging our lives to the utmoft length. Going back to fo familiar an acquaintance with thofe who have lived before us, approaches the neareft to it of any thing we are capable of, and is, in fome fort, living with them. I was fo pleafed with their company, that the further enjoyment of the fame kind of pleaf- ure was inducement enough to colled: and perufe materials for the Hiftory of the Province of Maf- fachufetts from the year 1692, when we concluded the Hiftory of the Colony. I found that a little more time than the bare perufal required, would be fufficient to arrange the materials and reduce them vi PREFACE. them to order, and I fet about it with a view to render thenl of ufc to pofterity. I had proceeded as far as the year 1730, when a misfortune befel me which had Hke to have rendered my paft labour of no effedl, and to have prevented me from pro* ceeding any farther. The ftamp-adt had difturbed the minds of the people of America. In fuch a ftate of affairs, the vicious, the abandoned, have a peculiar opportunity of gratifying their corrupt affections of envy, malice and revenge. I had in public and private, in every way and manner which appeared to me the moft prudent, endeav- oured to fhew the inexpediency of an ad: of parlia- ment of this nature ; but an unaccountable jeaioufy of the contrary had been infufed into the minds of the populace, and, being thus mifguided, they expreffed their refentment and rage by breaking into my houfe, deftroying and fcattering all my furniture, books, papers, &c. The fober, virtuous part of the Province expreffed the greateft detefta- tion of this ad: of violence, and few or none ven- tured to juffify or approve of it. The lofs ^yhich 1 fuftained, as far as it was repairable, by his majr efty's molt gracious recommendation to the Prov- ince and their generous grant in confequence of it» both which in this public manner I moft gratefully ackuovv'ledge, has been repaired or compenfated ; but the lofs of many papers and books, in print as well as manvifcript, befides my family memor nals, never can be repaired. For PREFACE. Til For feveral days, I had no hopes of recovering any confiderable part of my Hiftory, but by the great care and pains. of my good friend and neigh- bour, the reverend Mr. Eliot, who received into his houfe all my books and papers which were favcd, the whole manufcript, except eight or ten fliects, w^ere collcded together, and although it had lain in the ftreet fcattered abroad feveral hours in the rain, yet fo much of it was legible as that I was able t^ fupply the reft and tranfcribe it. The moft valu- able materials were loft, fome of which I defigned to have publiftied in the Appendix. I pray God to forgive the adtors in and advifers to this moft favage and inhuman injury, and I hope their pof. terity will read with pleafure and profit what has fo narrowly efcaped the outrage of their anceftors. The hazard which attends fuch papers, together with the requeft of many of my friends, induced me to publifli my manufcript fooner than I intended. I have carried down the ftory to the year 1 750, but that part which relates to the laft twenty years in a more general way, being deprived of fome papers which would have enabled me to render it more particular and circumftantial. Some of my friends of the colony of New- Plymouth took it unkindly that I faid no more of their affairs in the firft part of my Hiftory. My principal objedt was the Maflachufetts Colony ; be- fides, I never could meet with many papers relative to Vlll PREFACE. to Plymouth. From fuch papers as I have been able to obtain, I have prepared the beft fummary i could, to which I fhall give a place iri the Ap- pendix. I have endeavoured to avoid ofFence to any pcr- fons or families, as far as my obligations to truth would permit. We ihall never be all of one mind in our polit- ical principles. I defire no more candour from thofe who differ from me, than I ever have been, and ever fhall be ready to fhew to them* THE HISTORY O F MASSACHUSETTS CHAP. I. Fro7n the Charter in 1691, until the arrival of Governor Dudltj in iyo2, A BRIEF recapitulation of the rife and progrefs of the MafTachufetts colony, may not be an improper introduclion to this Second Part of our Hiilory. The firft planters of the MafTachufetts colony removed to America, expecting there to enjoy civil and religious liberty in a greater degree than their fellow-fubjefts at that time enjoyed it in England. The country to which they removed, was claimed by the crown of England, by right of difcovery. The property of a very large tra6t, in which MafTachufetts is contained, had been grant- de to a certain corporation called the council of Plym- outh in Devon. This council made a grant of MafTa- chufetts to Sir Henry Rofwell and others, who intended to fend out planters and fervants to be under the direc- tion of the proprietors in England. An incorporation was thought necefTary, and a charter was obtained from king Charles, which, fome manufcripts fay, coil the com- pany two thoufand pounds flerling.* The principal un- dertakers were Puritans. Planters and minifters, of the fame perfuafion, together with fervants, cattle, and all neceffaries * " I paid 50I. and Mr. Eaton lool. and fundry other merchants the fame fums refpeftively fcr the purchafe cf the charter, we being members of the corporatia* for N. E." John Davvi^trt' s iett. to Joon Gotten, N. Huven, 24. 4"^' 65. Vol. II. B m THE HISTORY OF [Chai*. f. neceffarles for beginning a colony, were fent over j the' expenle of which was very great. Subfcriptions were fiowly paid, and a cloud arofe, very early, upon the af- fairs of the colony ; but it was foon difpelled by a pro- pofal from Johnfon, V/inthrop, and feveral other Puritans of good families and eftates, to remove to America ;• provided they might carry the charter with them, and manage the affairs of the colony without any dependence upon fuch of the company as fiiould remain in England. This, by feme, was thought irregular ; but, after conful- tation, it was agreed to- The removal of fo many perfons of character, induced a great niimber of others, of the fame opinions^' who were not of the company, to remove- with or tbiiow after them, and put themfelves under their protedion and- governments They complained of the then reigning prince, that he deprived his fubje£ls of their jufl rights, and had i>o regard to the great charter of the kingdom. What dependence then could ration- ally be placed upon a fpecial charter to a fntall part of his fubjects in America r They were foon convinced that it was an infufficient fecurity, A circnmftantial account of an attempt to vacate it the fecond' year after their re- moval, we have in a letter to the governor Irom^EmanueF Downing, father of Sir George Downing.-* In 1638, a foymal demand was niade of the furrender of their charccr,. which was refufed, and other proceed- ings followed, which would have iffued in a final decifive judgment carried inco execution, and probably have prov- ed fatal to the plantation, if the change of affairs in En- gland had not prevented. Upon this change the colony became a favourite. The principal men were the inti- mate friends of the leading, members of parhament, Pym, Hambden, kc, who had been engaged with them, and from time to time were expefted to join them. Whilft Cromwell ruled, he (lie wed them all the indulgence they defired. Erom 1640 to 1660 they approached very near to an independent commonwealth ; and, during this period, completed * Tills was a very f nfiblc letter, and I intended to have printed it, but It was unfertunately dellioyv.'^f. Chap. I.] MASSACHUSETTS. it completed a fyftem of laws and government, the plan of which they had before laid and began to execute. In this they departed from their charter ; and inftead of making the laws of England the ground work of their code, they preferred the laws of Mofes ; and, notwith- flanding the charter knew no reprefentative body,* they eftablifhed one ; and, although it gave them no power to judge and determine capital offences, they gave this pow- er to the judicatories they erected. This laft pr6vifion became necelTary, from their diflance from the judicato- ries in England ; but I know not how to excufe the per- fecution of all who could not conform to their religious ef- tabhfhments, when their charter granted toleration to all . Chriftians, except Papifts. For the firft thirty years, although the governor and af- fiftants were annually chofen by the body of the people, yet they confined themfelves to the principal gentlemen of family, eftate, underifanding and integrity ; but, as one faid, who lived at that time when king Charles command- ed them to fill up their numbers in government, which they had negleded, the new perfons empowered were Dii minorum gentium ; and one of their divines told them in public, they were in danger of being undone by creeping flatefmen. Upon the reftoration, not only Epifcopalians, but Bap- tifts, Quakers, Gortonifts, &c.t preferred complaints againfl the colony ; and although, by the intereft of the earl of Mancheiler and lord Say, their old friends, and of fecretary Morrice, all Puritans, king Charles confirmed their charter, yet he required a toleration in rehgion and an alteration in civil matters, neither of which were fully complied with. The heirs of Ferdinando Gorges and of John Mafon alfo complained, that, by a liberal conftruc- tion, MalTachufetts had extended their bounds to compre- hend the provinces of Maine and New Hampfhire. Com- mifTioners * Dcuglafs in his Summar)', p. 409. ift. part, fpeaks of reprefentativcs of town- fliips in the old charter. He is erroreous. f Several perfors who have obferved in the firft volume a reference to a manu- fcript hiftory of the trial of Mrs. Hutchinfon, for her religious tenets, exprcffcd their coni-trn that it was not printed ; v/e Ihall give it a place in the <4ppendix to this volume. ♦ . r B2 t2 THE HISTORY OF [Chap. I. mifTioners were fent over in 1665, to fettle the bounds of the colonies, and to make inquiry into their flate in general. Malfachufetts denied their authority, and pro- nounced the commiflion a violation of their charter. Notwithftanding the ads of parHament for regulating and reftraining the plantation trade, a conflant trade was carried on with foreign countries for contraband and enumerated commodities. This gave great offence. There was no cuftom-houfe. The governor was the na- val officer, with whom or his deputy all veflels entered and cleared. The governor, being annually eleded by the people, was the more eafily difpofed to comply with popular opinions. It feems to have been a general opin- ion that ads of parliament had no other force than what they derived from ads made by the general court to ef- tabhfh or confirm them. This could not confifl with the charter. By this, they could make no laws repugnant to the laws of England.* Had the corporation continu- ed within the realm, as was intended, the company and every member mufl undoubtedly have been fubjed to the law of the land. Upon complaint made by Edward Randolph, who firll came over in 1 6y6^ and by the repeat- ed orders from the crown to conform to the ads of trade, they pafTed an ad or law of the colony, declaring that thole ads fhould be executed there. For feveral years, they were threatened with the lofs of their charter. Ran- dolph was unwearied in foHciting againfl them.f By re- peated addreifes and agencies, they endeavoured to ex- culpate themfelves, but to no purpofe.' In 1684, t>y a judgment or decree in chancery, their charter was declar- ed forfeited, and their liberties were feized into the king's hands 5 and whatever opinions fome had formed, that their * This claufe has been conflrued, by fome, in another colony (Rhode Ifland") to intend the common law only, and not ilatutes, efpecially notfuch as were made after the date of their charter. f Mr. Randolph had the principal flxare in bringing forward the quo warranto againft the charter, which fccms to have rendered him odious, more than the fhare he had in the fucceeding admiriiftration as one of Sir Edmund's council. When he was imprifoned and applied for bail, tiic houfe of reprefcntatives, June 25, 1689, voted "That Mr. Edward Randolph is not bailable, he having broke a capital law of this colony in endeavouring and accomplifliing the fabvcrfion of our government, and having been an evil counfellor." :; cAvA.'] MASSACHUSETTS. 13 their fubjection depended upon mutual compad between the crown and the colony, they were forced to fubmit to fuperior power and to fuch form of government as king Charles the fecond, and his fucceflbr king James thought fit to eftablilh. Upon the firfl advice of the landing of the prince of Orange, they re-affumed their charter, and earneflly folicited a rc-eltablifhment of it, with fome nec- effary additional powers : but the king could not be pre- vailed upon to confent to it. A new charter was obtain- ed ; from the arrival of which, this fecond part of their hiilory is to be carried on. But before we proceed, it will be proper to obferve the difference between the new and the old charter, with re- fpedt to the territory and to the powers of government. I The new province contained the whole of the old colony, • without any dedu6lion or referve ; and to this were added the old colony of New Plymouth, the province of Main, the province of Nova Scotia, and all the country between ^the province of Main and Nova Scotia, as far northward as the river St. Lawrence, alfo Elizabeth, iilands, and the iflands of Nantucket and Martha's Vineyard. A vafl ex- pofed frontier mud bring heavy burthens upon a govern- ment. In the courfe of fixty years, the province of Maf- fachufetts hath been at greater expenfe and hath lofl more of its inhabitants than all the other colonies upon the continent taken together. The two colonies of Maffachufetts and New Plymouth were tolerably well peopled ; but the province of Maine had never been (locked with inhabitants ; and, juft before the new incorporation, had been depopulated by the wars with French and Indians. The whole province of Nova Scotia was deftitute of Britifli inhabitants ; and although there were feveral thoufand French, who had been lately conquered, yet they were a burden, and there could be no dependence placed upon their fidelity. From the time of the conqueft of Nova Scotia, the MafTachufetts colony had confidered the inhabitants as a part of the colony, and had given commiflions and inflruftions to perfons for the exercife of government there. All the lands between the province of Maine and Nova Scotia were 14 THE HISTORY OF [Cha# L were uninhabited, except at and near Pemaquid, where there were a few fcattering Englifh ; and upon the prin- cipal rivers, the Penobfcot, Machias and Norridgawock Indians had their wigwam?. The bounds of this vafl ter- ritory were underftood, to be the river St. Lawrence oa the north, the colonies of Rhode Iftand and Connecticut on the fouth, the Atlantic on the eaft, and the South Sea on the weft ; but within thefe limits lay the provinces of New Hampfhire* and New York. In the controverfies with feveral of the other governments, it has been urg- ed againfl MaiTachufetts, that their weflern boundary could be extended no farther than \yhere the line met with Rhode Ifland or Connecticut, The words in the charter are, ^'From the Atlantic towards the South Sea, or weftward as far as the colonies of Rhode Ifland, Connedti- cut and the Narraganfet country." The MafTachufetts colony was the northern boundary of Rhode Ifland and Connecticut ; it was impofTible, therefore, the new prov- ince which contained the whole of the old colony Ihouldt generally be bounded weft upon either of thofe colo- nies : and it would be a ftrange conftrudion, to fuppofe a corner of Rhode Ifland colony, which is but a few miles from the Atlantic, to be the utmoft limits the prov- ince was to extend weflward ; for it could then contain but a very fmali part of the old colony of MafTachufetts, whereas the whole is exprefsly included. The only fenfe the words can bear, undoubtedly is this, viz. that the province fhall extend as far towards the South Sea or weft- ward as Rhode Ifland or Connecticut do extend. Narra- ganfet c<5untry, although it lies between Rhode Ifland and Connecticut, is mentioned after Connecticut, becaufe it ^ was * Whilft the event of MafTachufetts, felicitations was uncertain, NewHampfhire lay dill. Samuel Allen, who clainned the foil ^by purchothrop were of good families in that colony. Alcot and** • Daniel, or Donnell, were of the province of Maine. Davis, of the country farther caft or Sagadchoc ; he had been commander of the fort at Cafco, where he -v^as taken prifoner and carried to Canada. However dry this account may appear to foms readers, it may not be difagretable to others, and perhaps may excite a laudable am- bition in fome of the defendants of the firft mugiftrates to merit the honours of their unccftors ; for although places and titles in the colonies are not herclitary, yet a^trh paribus, the defccndaiits of fuch as have done worthily have fome cLiim to be diftin- g'uifhed, " namfi q'As ab infuiite estate habet caufam crleoritatis et nominit, etui a patre cccsp- tum - " 'in bune etuli Bmnium eonjitiuniur.'* C:c. de ()ff,(iis. ii THfe HISTORY OF [Chap. L of laws, which magiftrates ufed to have. The confufioji the country was in from the fuppofed witchcrafts, feems to have occafioned an adjournment of the general court on the 2d of July, to the fecond Wednefday in October ; very little pubhc bufmefs having been done during the feffion. The great nolfe which the New England witchcrafts made throughout the Englifh dominions, proceeded more from the general panic with v/hich all forts of perfons were felzed, and an expedation that the contagion would fpread to all parts of the country, than from the number of perfons who were executed, more having been put to death in a fmgle county in England, in a Ihort fpace of time, than have fuffered in all New England from the firft fettlement until the prefent time. Fifteen years had paifed, before we find any mention of witchcraft among the Enghfh colonifls. The Indians were fuppofed to be worfliippers of the devil, and their pov^^ows to be wiz- ards. The firfl fufpicion of witchcraft among the Enghfh, was about the year 1645 ; at Springfield, upon Connecli- cut river, feveral perfons were fuppofed to be under an evil hand, and among the refl two of the minifler's chil- dren.* Great pains were taken to prove the fads upon feveral perfons charged with the crime, but either the na- ture of the evidence was not fatisfaftory, or the fraud was fufpecled, and fo no perfon was convided until the year 1650; when a poor wretch, Mary Oliver, probably wea- ry of her hfe from the general reputation of being a witch, after long examination was brought to confefTion of her guilty but 1 do not find that flie was executed. Whilfl this inquiry was making, Margaret Jones was executed at Ch^edown ;t and Mr. Hale mentions a w^oman at Dor- chefter, and another at Cambridge about the fame time, who all at their death afferted their innocence. Soon after, "^Hugh Parfons was tried at Springfield, and efcaped death. | In 1655, Mrs. Hibbins, the afTiftant's widow, was hanged ' at Bofton.§ In 1662, at Hartford, in Connedicut, (about 30 miles from Springfield, upon the fame river) one Ann Cole, a young woman who lived next door to a Dutch family, * Johnfon. t Vol. I. f Vol. I. § Vol. I. i692.3' I^ASSACHUSETTS. 25 family, and no doubt had learned fomething of the lan- guage, was fuppofed to be poflefled with demons, who fometimes fpake Dutch and fometimes Englilh, and fome- times a language which no body underftood, and who held a conference with one another. Several miniflers, who were prefent, took down the conference in writing, and the n'ames of feveral perfons mentioned in the courfe of the conference, as actors or bearing parts in it ; particu- larly a woman, then in prifon upon fufpicion of witchcraft,, one Greenfmith, who upon examination confeffed, and appeared to be furprifed at the difcovery. She owned that fhe and the others named had been familiar with a demon, who had carnal knowledge of her,* and although file had not made a formal covenant, yet llie had promif- ed to be ready at his call, and was to have had a high frolic at Chrillmas, when the agreement was to have been figned. Upon this confeflion Ihe was executed, and two more of the company were condemned at the fame time.t In 1669, Sufanna Martin, of Salifbury, was bound over to the court, upon fufpicion of witchcraft, but efcaped at that time.j; '■f^'^ In 1671, Elizabeth Knap, another ventriloqtm^ plann- ed the people of Groton in much the fame manner as Ann Cole had done thofe of Hartford ; but her demon was not fo cunning, for inftead of confining himfelf to old women, he railed at the good minifter of the town and other perfons of good character, and the people could not then be prevailed on to believe him, but be- Heved the girl, when fhe confeffed fhe had been deluded, and that the devil had tormented her in the fhape of good perfons ; and fo fhe efcaped the punifhment due to her fraud and impoflure^' In * The Egyptians fuppofe a divine fpirit may pofiibly approach a woman and pro- duce in her the principles of generation ; but on the other fide, that it is impoflible lor man to have any i'uch intcrcourfe with a goddefs. It is however altogether irrational, to believe that any god or dnn Putman ! who hurt you ? A. Goodman Procter and his wife too. Af- terwards, fome of the afflicted cried, There is Prowler going to take up Mrs. Pope's feet ; and her feet were immediately taken up. Q^ What do you fay, Goodman Procter, to thefe things? A. I know not. I am innocent. Abigail Williams cried out. There is Goodman Procter going to Mrs, Pope, and immediately faid Pope fell into a fit. You fee the devil vv^ill deceive you ; the children could fee what you was going to do before the woman was hurt. I v/ould advife you to repentance, for the dev- il is bringing you out. Abigail Williams cried out again, There is Goodman Proder going to hurt Goody Bibber ; and immediately Goody Bibber fell into a fir. There was the like of Mary Walcot, and divers others. Benjamin Gould gave in his teftimony, that he had fccn Goodman Corey and his wife, Procter and his wife, Goody Cloyfe, Goody Nurfe, and Goody Griggs in his chamber lafl Thurfday night. Elizabeth Hubbard was in 54 THE HISTORY OF [Chap. I. 5n a trance during the whole examination. During the examination of Elizabeth Proder, Abigail Williams and Ann Putman both made offer to ftrike at faid Prober ; but when Abigail's hand came near, it opened, whereas it was made up into a hfl before, and came down ex- ceeding lightly, as it drew near to faid Profter, and at length with open and extended fingers touched Prober's hood very lightly. Immediately Abigail cried out, her fingers, her fingers, her fingers burned, and Ann Putman took on moil grievouily, of her head, and funk down." '^ Salcm, Jprii iith^ ^69,3. Mr. Samuel Paris was de- fired by the honourable Thomas Danforth, deputy gov- <'3rnor, and the council, to take in writing the aforefaid ex- aminations, and accordingly took and delivered them in ; ^nd upon hearing the fame, and feeing what was then ieen, together with the charge of the afflided perfons, ^vere by the advice of the council all committed by us. John Hawthorne, ^ ^j^^ft,„j^_., No wonder the whole country was in a conflernation, when perfons of fober lives and unblemiilied charaders were committed to prifon upon fuch fort of evidence. Nobody was fafe. The mod efFe61:ual way to prevent an accufation was to become an accufer ; and according- ly the number of the atili£led increafed every day, and the numxber of the accufed in proportion, who in general perfifted in their innocency ; but, being flrongly urged to give glory to God by their confellion, aud intimation being given that this was the only way to fave their lives, •^nd their friends urging them to it, fome were brought to own their guilt. The firft confefuon upon the files is of Deliverance Hobbs, May nth, 1692, being in prif-r on. She owned every thing fhe was required to do. The confeiTions rauliiphed the witches ; new companions were always mentioned, who were immediately fent for and examined. Thus more than an hundred women, many of them of fair characters and of the mofi: reputable families, in the towns of Salem, Beverly, Andover, Bille- yica, he. were apprehended, examined, and generally committed jb92.j MASSACHUSETTS. 35 committed to prifon. The confeflions being much of the fume tenor, one or two may fervc for fpccimens. ^^The examination and confeffion (Stb Sept. 1692) 0/ Mary 0/good, zvife of Capt, Of^ood, of Andovcr^ taken before jfohn Hawthorne and other their Majejiies* jufiicea. ' SHE confcfics, that about eleven y^^ars ago, when fhe was in a melancholy ftate and condition, flie ufed to wall: abroad in her orchard ; and upon a certain time fhe faw the appearance of a cat, at the end of the houfc, which yet fhe thought wa^s a real cat. However, at that time, it diverted her from praying to God, and inftead thereof file prayed to the devil ; about which time fhe made a covenant with the devil, who, as a black man, came to her and prefented her a book, upon which ihe laid her finger and that left a red fpot : and that upon her fignlng, the devil told her he was her god, and that (lie fhould ferve and v^^orfhip him, and flie believes fhe confented to it. She fays further, that about two years agone, (lie was carried through the air, in company with deacon Frye's wife, Ebenezer Baker's wife, and Goody Tyler, to five- mile pond, where llie was baptized by the devil, who dip- ped her face in the water, and made her renounce her former baptifm, and told her fhe muft be his, foul and |)ody, forever, and that fhe mud ferve him, Vvhich fhe promifed to do. She fiiys, the renouncing her firfl bap- tifm was after her dipping, and that flie was tranfported back again through the air, in company with the fore- named perfons, in the fame manner as fhe went, and be- heves they were carried upon a pole. (^ How many perfons were upon the pole ? A. As I faid before, viz. four perfons and no more but whom flie had named above. She confefles fhe has afflided three perfons, Johu Sawdy, Martha Sprague and Rofe Fofler, and that fhe 4id it by pinching her bed clothes, and giving confent the devil fhould do it in her fhape, and that the devil could, not do it without her confent. She confefTes the affliding perfons in the court, by the glance of her eye. She fays^ as fhe' was coming down to Salem to be examined, fhe and the reft of the company with her flopped at Mr. Phil- lips's to refrefh themfelves, and the aflli^lcd perfons, be- in^ 36 THE HISTORY OF [Chap. L ing behind them upon the road, came up juil as (he was mounting again, and were th^n afflided, and cried out upon her, fo thai Ihe was forced to flay until they were all pad, and faid fhe only looked that way towards them. O. Do you know the devil can take the fhape of an inno- cent perfon and afflid ? Ao I believe he cannot. Q. Who taught you this way of witchcraft ? A. Satan, and that he promifed her abundance of fatisfaftion and quietncfs in her future (late, but never performed any thing ; and that ihe has lived more miferably and more difcontented fmce than ever before. She confeffes further, that fhe herfelf, jn company with Goody Parker, Goody Tyler and Goody Dean, had a meeting at Mofes Tyler's houfe, lafl Monday night, to afflict, and that llie and Goody Dean carried the ihape of Mr. Dean, the minifler, between them, to make perfons beheve that Mr. Dean afflided. (^ What hinder- ed you from accompUfhing what you intended ? A. The Lord would not fufFer it fo to be, that the devil fhould affli^L in an innocent perfon's fliape. (^ Have you been at any other witch meetings ? A. I know nothing thereof, as I fhall anfwer in the prefence of God and his people ; but faid, that the black man flood before her, and told her, that what fhe had confeiTed was a lie ; notwithfland- ing, fhe faid that v/hatfhe had confeffed was true, and there- to put her hand. Her hufband beijig prefent was aO:ed, if he judged his wife to be any way difcompofed. He an- fwered, that having Hved with her fo long, he doth not judge her to be any ways difcompofed, but has caufe to believe what fhe has faid is true. When Miftrefs Ofgood was firfl: called, fhe afflided Martha Sprague and Rofe Fofler by the glance of her eyes, and recovered them out of their fits by the touch of her hand. Mary Lacey and Betty Johnfon and Hannah Pofl faw Miflrefs Ofgood ^f- fliding Sprague and Fofter. The faid Hannah Pofl and Mary Lacey and Betty Johnfon, jun. and Rofe Fofler and Mary Richardfon were afflided by Miflrefs Ofgood, in the time of their examination, and recovered by her touch- ing of their hands, " I underwritten, being" appointed by authority to take this examination, do teflify upon oath, taken in court, that this 1692.] MASSACHUSETTS. 37 this is a true copy of the fubflance of it, to the befl of my knowledge, 5th Jan. 1692-3. The within Mary Ofgood was examined before their Majefties' jullices of the peace in Salem. Atteft. 'John Higginfon^ Jult. Pac.'' A miferable negro woman, charged by fome of the girls with affliding them, confelTed, but was cunning enough to bring the greatefl fhare of the guilt i>pon her miflrefs. ** Salem, Monday, July 4, 1692. The examination of Candy ^ a negro ijuoman^ before Bartholomew Gedney and John Hawthorne^ Efq*rs. Mr. Nicholas Noyes alfo pre/bit. " Q^ CANDY ! are you a w^itch ? A. Candy no witch in her country. Candy's mother no witch. Candy no witch, Barbados. This country, miflrefs give Candy witch. Q^ Did your miftrefs make you a witch in this country ? A. Yes, in this country miilrefs give Can- dy witch. Q^ What did your miftrefs do to make you a witch ? A. Miflrefs bring book and pen and ink, make Candy write in it. Q^ What did you write in it ? — She took a pen and ink, and upon a book or paper made a mark. Q^ How did you affli£l or hurt thefe folks, where are the puppets you did it with ?■ — She alked to go out of the room and fhe would (liew or tell ; upon which flie had hberty, one going with her, and fhe prefently brought in two clouts, one with two knots tied in it, the other one ; which being feen by Mary Warren, Deliverance Hobbs and Abigail Hobbs, they were greatly affrighted, and fell into violent fits ; and all of them faid that the black man and Mrs. Hawkes and the negro flood by the puppets or rags and pinched them., and then they were alBided, and when the knots were untied yet they continued as aforefaid. A bit of one of the rags being fet on fire, the afHi6led all faid they were burned, and cried out dreadful- ly. The rags being put into water, two of the aforenamed perfons were in dreadful fits almoftchoaked, and the other was violently running down to the river, but w^as flopped. Attefl. John Hazvthorne, Jufl. Peace." Mrs. Hawkes, the miflrefs, had no other way to fave her life but to confefs alfo. Mr. Hale, the minifler of Beverly, who has the charac- ter of an impartial relator, acknowledges that the confef- fors 38 THE HISTORY OF [Chap. I. fors generally went off from their confefllons ; fome fay- ing they remembered nothing of what they had faid, others that they had belied themfelves, &c. but he thinks, if the times had been calm, the condition of the confeflbrs might have called for a melius inquirendum ; and thiiiks it remark- able that children and grandchildren fliould confirm their parents' and grandparents' confeiTion,in[lancing in the cafe of Goody Fofter, her daughter Mary Laeey, and grand daughter Mary Lacey, jun. ^and that other children fiiould accufe their own parents, as in^ the cafe of Richard Carrier, a lad of eighteen years of age. Thefe con- feffions are preferved, and a few extradls from themi will ihew they were forced from them, through fear 6f iofmg their lives if they refufed ; and their fear, in fome,- was fo great as to difordcr their brains, and they fcarce knew what they faid. *' 2 1 ft July, 1 692. BeforB Major Gidney^ Mr, Hawthorne:, Mr, Corwin and Capt, Higgw/on. " (^ GOODY Fofter ! you remember we have three times fpoken with you, and do you now remember what, you then confeffed to us ? You have been engaged in very great wickednefs, and fome have been left to hardnefs of heart to deny ; but it feems that God will give you more favour than others, inafmuch as you relent. But your daughter here hath confeffed fome things that you did not tell us of* Your daughter was with you and Goody Carrier, when you did ride upon the ftick. A. I did not know it. (^ How long have you known your daughter to be engaged ? A. I cannot tell, nor have I any knowl- edge of it at all. Q. Did you fee your daughter at the meeting ? A. No. Q^ Your daughter faid ihe was at the witches meeting, and that you yourfelf ftood at a diftance off and did not partake at that meeting ; and you faid fo alfo ; give us a relation from the beginning until now. A. I know none of their names that were there, but only Goody Carrier. CX Would you know their faces if you faw them ? A. I cannot tell. Q^ Were there not two companies in the field at the fame time ? A. I remember no more. Mary Warren, one of the afHided, faid that Goody Carrier's ihape told her, that Goody Fofter had made 1692.] MASSACHUSETTS. ^f made her daughter a witch. Q^. Do not you acknowl- edge that you did fo about thirteen years ago ? A. No^ and I know no more of my daughter's being a witch than what day I ihall die upon. (^ Are you wiihng your daughter fhould make a full and free confeilion ? A. Yes. Q^ Are you willing to do fo too ? A. Yes. Q^ You cannot exped peace of confcience without a free conleflion. A. If I knew any thing more, I would fpeak it to the utmoft.- Goody Lacey, the daughter, called in, began thus ; Oh ! mother ! how do you do ? We have left Chriit, and the devil hath gat hold of us. How^ Ihall I get rid of this- evil one ? I defire God to break my rocky heart that I may get the vidory this time. (^ Goody Foller ! you cannot get rid of this fnare, your heart and mouth is not open. A. I did not fee the devil, I was praying to the Lord. (^ What Lord ? A. To God. O^ What God do witches pray to ? A. I cannot tell, the Lord help me, Q^ Goody Lacey ! had you no difcourfe with your mo- ther when riding ? A. No, I think I had not a word. Q^ Who rid foremofl on that flick to the village ? A. I fuppofe my mother. Goody Fofter faid, that Goody Carrier was foremofl. (^ Goody Lacey ! how many years ago lince they were baptized ? A. Three ot four years ago, I fuppofe. Q^ Who baptized them ? A. The old ferpent. Q^ How'did he do it ? A. He dipped their heads in the w^ater, faying, they were his, and that he had power over them. (^ Where was this ? A. At FalPs- river. Q^ How many were baptized that day ? A. Some of the chief; I think there were fix baptized. Q^ Name them. A. I think they were of the higher powers.* Mary Lacey, the grand-daughter, was brought in, and Mary Warren fell into a violent fit. Q^ How dare you 'come in here, and bring the devil with you, to afllict thefc poor creatures ? Lacey laid her hand on Warren's arm, and fhe recovered from her fit. Q. You are here accufed of pradifmg witchcraft upon Goody Ballard ; which way do you do it ? A. I cannot tell. Where is my mother that made me a witch, and I knew it not r Q^ Can you look upon that maid, Mary Warren, and not hurt her ? * k was time t« ftop. 40 THE HISTORY OF [Chap. L her ? Look upon her in a friendly way. She, trying fo to do, ftruck her down with her eyes. Q^ Do you ac- knowledge now you are a witch ? A. Yes. Q^ How long have you been a witch ? A. Not above a week. (^ Did the devil appear to you ? A. Yes. Q^ In what Ihape ? A. In the fhape of a horfe. Q^ What did he fay to you ? A. He bid me not to be afraid of any thing, and he would not bring me out, but he has proved a har from the be- ginning. CX "When was this ? A. I know not ; above a week. Q^ Did you fet your hand to the book ? A. No, Q^ Did he bid you worfliip him ? A. Yes ; he bid me alio aiTii£t perfons. You are now in the way to obtain mercy if you will confefs and repent. She faid, The Lord help me. (^ Do not you defire to. be faved by Chriil ? A. Yes. Then you mud: confefs freely what you know in this matter. She then proceeded. I was in bed, and the devil came to me, and bid m.e obey him and I Ihould want for nothing, and he v/ould not bring m^e out. Q^ But hovv^ long ago? A. A little- more than a year. C)^ Was that the firll: time ? A. Yes. Q^ How long was you gone from your father, Vv'hen you ran away ? A. Two days. Q^ Where had you your food ? A. At John Stone's. (^ Did the devil appear to you then, when you was abroad ? A. No, but he put fuch thoughts in my mind as not to obey my parents. CX Who did the devil bid you affli6l ? A. Timothy Swan. Richard Car- rier comes often a-nights and has me to affli6l perfons. (^ Where do ye go ? A. To Goody Ballard's fome- times. Q^ How many of you were there at a time ? A. Richard Carrier and his mother, and my mother and grandmother. Upon reading over the confelTion fo far. Goody Lacey, the mother, ov/ned this lad particular. (^ How many more witches are there in A^ndover ? A. I know no more, but Richard Carrier.'^ Carrier, at firll, denied all, but was followed until he was brought to accufe his mother, much in the fame man- ner with Fofler's daughter and grand-daughter. It is urged by the writers of that day, as a principal part of the evidence againft Mr. Burroughs, the mnnifter, that feven or eight of the confelTors witneiTed againft him. 1692.3 MASSACHUSETTS. 41 him. It will appear from the examinations, that the con- feffion was drawn from the examinants by the court. " (^ Mary Lacey ! was there not a man alfo among you at your meeting ? A. None but the devil. Q^ What fhape was the devil in then ? A. He was a black man, and had a high-crowned hat. Q^ Your mother and your grandmother fay, there was a minifter there. How many men did you fee there ? A. I faw none but Richard Car- rier. Q^ Did you fee' none elfe ? A. There was a min- ifter there, and I think he is now in prifon. Q^ Were there not two* minifters" there ? A. Cannot tell. C^ Was there not one Mr. Burroughs there ? A. Yes." Carrier's examination is in this manner ; the quefllons are omitted. " We met in a green which was the min- ifter's paiture — — We were in two companies at lafl^ > I think there was a fevv^ men with them 1 heard Sarah Good talk of a minifter or two One of them was he that has been at the eaflward, his name is Burroughs, and is a little man. I remember not the other's name." Margaret Jacobs had been brought to accufe herfelf, and then to charge Burroughs, the minider, and her own grandfather ; but, flruck with horror, chofe to lofe her own life rather than perlifl in her confefFion ; and beg- ged forgivenefs of Burroughs before his execution, who is faid to have freely forgiven her ; and recanted all fhe had faid againfh her grandfather, but in vain as to his life. Her own Hfe was faved by a diforder in her head, which prevented her trial at the firfl court ; but before the next court, fhe made a formal recantation of all fhe had con- feffed, and delivered it to the judges. " The * Mr. Deane, one of the minifters of Attdover, then near fourfcore, feems to have heen in danger. He is tenderly touched in feveral of the examinations, which might he owing to a fair charader, and he may be one of the perfons accufed, who caufed a difcourageraent to further profccutions. " Deliverance Deane being alked why fne and the reft brought in Mr. Deane as affliding pcrfon?, fhe anfwered, it was Satan's fubtilty, for he told her he would put a fham upon all thefe things, and make people believe that he did afflisft. She faid Mrs. Ofgood and fhe gave their confent the devil fhould bring Mr. Deane's fliape to afflicl. Being aflced again if Mrs. Ofgood and fhe aded this bufmefs, fhe faid yes," Mr. Deant wa* much be- holden to this woman. Vol, II. D , 42 THE HISTORY OF [Chap. L " The humble declaration of Margaret Jacobs unto the honoured court now fitting at Saleniyjhezveth^ " THAT whereas your poor and humble declarant be- ing clofely confined here in Salem gaol for the crime of witchcraft, which crime, thanks be to the Lord, I am al- together ignorant of, as will appear at the great day of judgment. May it pleafe the honoured court, I was cried out upon by fome of the polTeired perfons, as aifliding them ; whereupon I was brought to my examination, which perfons at the fight of me fell down, which did very much flartle and affright me. The Lord above knows I knew nothing, in the lead meafure, how or who alHicled them ; they told me, without doubt I did, or elfc they would not fail down at me ; they told me if I would not confefs, I fhould be put down into the dungeon and would be hanged, but if I would confefs I fhould have my life ; the \yhich did fo affright me, with my own vile wicked hearty ta fave my life made mc make the like confefTion I did, which confeflion, may it pleafe the honoured court, is altogeU^r falfe and untrue^ The very firft night after I had made eatifeflion, I was in fuch horror of confcience that I could not fleep, for fear the devil fnould carry me away for telling fuch horrid lies* I was, may it pleafe the honoured court, fworn to my confefTion, as I underfland fmce, but then, at that time^ w^as ignorant of it, not knowing what an oath did mean. The Lord, I hope* in whom I truft, out of the abundance of his mercy, will forgive me my falfe forfwearing myfel£ What I faid was altogether falfe, againfl my grandfather^ and Mr. Burroughs, which I did to fave my life and t» have my liberty ; but the Lord, charging it to my con* fcience, made me in fo much horror, that I could not contain nlyfelf before I had denied my confeflion, which I did, though I faw nothing but death before me, choofmg rather death with a quiet confcience, than to live in fuch horror, which I could not fuSer. Where, upon my de- nying my confefTion, I was committed to clofe prifon, where I have enjoyed more felicity in fpirit a thoufand times than I did before in my enlargement. «And 1692.] MASSACHUSETTS. 45 " And now, may it pleafe your honours, your declarant having, in part, given your honours a delcription of my condition, do leave it to your honours pious and judicious difcretions to take pity and compalFion on my young and tender years ; to adt and do with me as the Lord above and your honours fhall fee good, having no friend but the Lord to plead my caufe for me ; not being guilty in the lead meafure of the crime of witchcraft, nor any other fm that deferves death from man ; and your poor and humble declarant fhall forever pray, as fhe is bound in duty, for your honours happinefs in this life, and eternal felicity in the world to come. So prays your honours declarant* Margaret JacolsJ'* The recantation of feveral perfons in Andover will Ihew in what manner they w^ere brought to their confef. fions* *' WE whofe names are underwritten, inhabitants of Andover ; whenas that horrible and tremendous judg- ment beginning at Salem village in the year 1692, by fome called witchcraft, firfl: breaking forth at Mr. Paris's houfe, feveral young perfons, being feemingly afflided, did accufe feveral perfons for afflicting them, and many there believing it fo to be, we being informed that, if a perfon was fick, the afflided perfon could tell what or who was the caufe of that ficknefs : Jofeph Ballard, of Andover, his wife being Tick at the fame time, he either from himfelf or by the advice of others, fetched two of the perfons, called the affllQed perfons, from Salem vil- lage to Andover, which was the beginning of that dread- ful calamity that befel us in Andover, believing the faid accufations to be true, fent for the faid perfons to come together to the meeting houfe in Andover, the afflidled perfons being there. After Mr. Barnard had been at prayer, we were bhndfolded, and Our hands v/ere laid up- on the afflicted perfons, they being in their fits and falling into their fits at our coming into their prefence, as they ■faid ; and fome led us and laid our hands upon them, and then they faid they were well, and that we were guilty of affliding them. Whereupon we were all feized, as prif- D 2 onerS;, 44 THE HISTORY OF [Chap. L foners, by a warrant from the juftice of the peace, and forthwith carried to Salem. And, by reafon of that fud- ,den furprifal, we knowing ourfclves altogether innocent of that crime, we were all exceedingly aftoniflied and amazed, and conilernated and affrighted even out of our reafon ; and our nearefl and deareit relations, fjeeing us in that dreadful condition, and knowing our great danger^' apprehended there was no other way to fave our lives, as the cafe was then circumllanced, but by our confefling. ourfelves to be fuch and fuch perfons as the afflided rep- refented us to be, they, out of tendernefs and pity, per- fuaded us to confefs what we did confefs. And indeed that confeiTion, that it is faid we made, was no other than wh^t was fuggefted to us by fome gentlemen, they telling us that we were witches, and they knew it, and we knew it, which made us think that it was fo ; and our under- llandings, our reafon, our faculties almofl gone, we were not capable of judging of our condition ; as alfo the hard meafures they ufed with us rendered us incapable of mak- ing our defence, but faid any thing and every thing which they defired, and moil of what we faid was but in effedl a confenting to what they faid. Some time after, when we were better compofed, they telKng us what we had confelTed, we did profefs that we were innocent and ig- norant of fuch things ; and we hearing that Samuel Ward well had renounced his confeffion, and quickly after condemned and executed, fome of us were told we were going after WardwclL " Mary Of good ^ Deliverance DanCy Sarah Wil/on, Mary Tiler ^ Abigail Barker ^ Hannah Tiler. '^* The teflimonial to thefe perfons' charadlers by the prin- cipal inhabitants of Andover, will outweigh the credulity lof the juftices who committed them, or of the grand jury which found bills againft them. " To the honoured court of AJfize held at Salenu " The humble addrefs of fever al of the inhabitants of Andover^ ^' May it pleafe this honoured court, " WE being very fenfible of the great fufferings our neighbours have been long under in prifon, and charita- bly judging that many of them are clear of that great tranfgreflion 1692.] MASSACHUSETTS. 45 tranfgreffion which hath been laid to their charge, have thought it our duty to endeavour their vindication fo far as our tcftimony for them will avail. The perfons, in whofe behalf we are defired and concerned to fpeak fome- thing at prefent, are Mrs. Mary Oigood, Eunice Frye, Deliverance Dane, Sarah Wilton and Abigail Barker, who are women of whom we can truly give this charader and commendation, that they have not only lived among us fo inoffenfively as not to give the leaft occafion to any that know them to fufpect them of witchcraft, but by their fober, godly and exemplary converfation have obtained a good report in the place, where they have been well ef- teemed and approved in the church of which they are members. " We were furprifed to hear that perfons of known in- tegrity and piety were accufed of fo horrid a crime, not confidering, then, that the mod innocent were liable to be fo mifreprefented and abufed. When thefe women were accufed by fome alHided perfons of the neighbour- hood, their relations and others, though they had fo good grounds of charity that they fliould not have thought any evil of them, yet through a mifreprefentation of the truth of that evidence that was fo much credited and improved againfl people, took great pains to perfuade thetn to own what they were, by the afflicled, charged w^ith ; and in- deed did unreafonably urge them to confefs themfelves guilty, as fome of us who were then prefent can teflify. But thefe good w^omen did very much aflert their inno- "cency ; yet fome of them faid they were not without fear left Satan had fome way enfnared them, becaufe there was that evidence againfl them which then was by many thought to be a certain indication and difcovery of witch- craft, yet they ferioufly profeffed they knew nothing by themfelves of that nature. Neverthelefs, by the unweari- ed fohcitations of thofethat privately difcourfed them, both at home and at Salem, they were at length perfuaded publickly to own what they were charged with, and fo fub^ mit to that guilt which we ftill hope and believe they are clear of. And, it is probable, the fear of w^hat the event might be, and the encouragement that, it is faid, was fug- ecllcd 45 THE HISTORY OF [Chap. I. gefted to them, that confefTing was the only way to obtain favourj might be too powerful a temptation for timorous women to withftand, in the hurry and diftradion that wc have heard they Vv^ere then in. Had what they faid againft themfelves proceeded from convidion of the fa6t, we fhould have had aothing to have faid for them ; but we are induced to think that it did not, becaufe they did foon privately retrad what they had faid, as we are informed ; and, while they were in prifon, they declared to fuch as they had confidence to fpeak freely and plainly to, that they were not guilty of what they had owned, and that what they had faid againft themfelves was the greatefl grief and burden they laboured under. Now, though we cannot but judge it a thing very fmful for innocent perfons to own a crime they are not guilty of, yet, con- Udering the well ordered converfation of thofe women while they lived among us, and what they now ferioufly and conflantly affirm in a more compofed frame, we can^ not but in charity judge them innocent of the great tranf-. greffion that hath been imputed to them. As for the reft of our neighbours, who are under the like circumftances with thefe that have been named, we can truly fay of them, thac, while they lived among us, we have had no caufe to judge them fuch perfons as, of late, they have been repre- fented and reported to be, nor do we know that any of their neighbours had any juft grounds to fufpedl them of that evil that they are now charged with, Dudley Bradjlreet 'John Abbot ^ fen, Elizabeth Rite Francis Dane, fen, Samuel Blanchard Wm, Peters *Thomas Barnard Wm, Ballard Samuel Peters Tho, Chandler^ fen, Thomas Hoofer Walter Wright yohn Barker John Hooper Hooker Ofgood tlenry Ingolls^fen, Wm, Abbot Benja, Stevens Wm, Chandler, fen, "James Rujfell Ann Bradjlreet Samuel Martin Oliver Holt Joanna Dane Stephen Parker John Preffon Eliza* Stevens Samuel Ingolls Francis Dane, Jun, Eliza, Barnard Ephraim Stevens George Abbot Phebe Robinfon Daniel Poore Wm, Chandler, jun, Hannah Chandler John Ingolls John Chandler Hannah Dum i592.] MASSACHUSETTS. 47 Henry IngoUs^jiin* Jofeph Robin/on Bridget Chandler yohn Frieyfen. Thomas Johnfo7i Mary John/on James Frie Tho. Johnfon^jun, Robert Rujfel John AJlebee Andrew Peters Mary RuJelJ* Samuel Holt Mary Peters Among the confefling witches I find Dorothy Falkener, a child of ten years, Abigail Falkener of eight, and Sarah Carrier between feven and eight. " Sarah Carrier's Confejfion^ Augufi the iithy 1696. *' IT was afked Sarah Carrier by the magiflrates or juftices, John Hawthorne, Efq. and others ; How long haft thou been a witch ? A. Ever fmce I was fix years old. Q^ How old are you now ? A. Near eight years old; brother Richard fays I fhall be eight years old in No- vember next. (^ Who made you a witch ? A My mother ; fhe made me fet my hand to a book. Q^ How did you fet your hand to it ? A. I touched it with my fingers and the book was red, the paper of it was white* She faid fhe never had feen the black man ; the place 'where (he did it was in Andrew Fofter's pafture, and Eliz- abeth Johnfon, jun. was there. Being aflced who was there befide, fhe anfwered her aunt Toothaker and her coufm. Being afked when it was, (he faid, when fhe was- baptized. Q. What did they promife to give you ? A. A black dog. Q^ Did the dog ever come to you : A. No. C^ But you faid you faw a cat once : what did that fay to you ? A. It faid it would tear me in pieces if I would not fet my hand to the book. She faid her mother baptized her, and the devil or black man was not there, as (he faw, and her mother faid when (lie baptized her. Thou art mine forever and ever and amen. Q. Hov/ did you afHiO: folks ? A. I pinched them, and me faid file had no puppets, but fhe went to them that flic af- flided. Being afked whether fhe went in her body or her fpirit, fhe faid in her fpirit. She faid her mother carried her thither to afHid. (^ How did your mother carry you when fhe was in prifon ? A. She came like a black cat. (^ How did you know that it was your mother ? A. The cat told me fo that fhe was my moth- er. She faid fhe afflided Phelp's child laft Saturday, and Elizabeth 4B THE HISTORY OF [Chap. L Elizabeth Johnfon joined with her to do it. She had a wooden fpear, about as long as her finger, of Elizabeth Johnfon, and fhe had it of the devil. She would not owix that fhe had ever been at the witch meeting at the village. This is the fubftance. Attefl. Simon Willard:* This poor child's mother then lay under fentence of death, the mother of the other two children was in prif- on, and foon after tried and condemned, but upon her confefTion reprieved, and finally pardoned. I meet with but one perfon in near an hundred whofe examinations are upon file, that v/as difmiffed after having been once charged, for which he might thank one of the girls who would not agree with the reft in the accufation. " The eamnination of Nehe?niah Abbot ^ at a court at Salem 'Village^ by John Hawthorne and Jonathan Corwin, E/q*rs, 2 2d Aprils 1692. WHAT fay you, are you guilty of witchcraft, of which you are fufpeded, or not ? No Sir, I fay before God, before whom I ftand, that I know nothing of witch- craft. Who is this man? Ann Putman named him. Mary Walcot faid fhe had feen his fhape. What do you fay to this ? I never did hurt them ? Who hurt you, Ann Putman ? That man. I never hurt her. Ann Putman faid, he is upon the beam. Jufl fuch a difcov- ery of the perfon carried out, and flie confefTed ; and if you would fmd mercy of God, you mufl confefs. If I fhould confefs this, I mud confefs what is falfe. Tell how far 'ou have gone, who hurts you ? I do not know, I am abfolutely free. As you fay, God knows. If you will confefs the truth, we defire nothing elfe, that you may not hide your guilt, if you are guilty, and therefore confefs if fo. I fpeak before God that I am clear from this accufation. What, in all refpeds ? Yes, in all re- fpeds. Doth this man hurt you ? Their mouths were flopped. You hear feveral accufe you, though one can- not open her mouth. I am altogether free. Charge him not unlefs it be he. This is the man, fay fome, and fomc fay he is very like him. How did you know his name ? 1692.] MASSACHUSETTS. 49 name ? He did not tell me himfelf, but other witches told me. Ann Putman faid. It is the fame man, and then ihe was taken with a lit. Mary Walcot, is this the man ? He is like him, I cannot fay it is he. Mercy Lewis faid. It is not the man. They all agreed, the man had a bunch on his eyes. Ann Putman, in a fit, faid, Be you the man ? ay, do you fay you be the man ? did you put a mid before my eyes ? Then he was fent forth till feveral others* were examined. When he was brought in again, by reafon of much people and many in the windows fo that the accu- fers could not have a clear view of him, he was ordered to be abroad, and the accufers to go forth to him and view him in the light, which they did, and, in the prefencc of the magillrates and many others, difcourfed quietly with him, one and all acquitting him, but yet faid he was like that man, but he had not the wen they fav/ in his appari- tion. Note, he was a hilly-Biced man, and flood Ihaded by reafon of his own hair, fo that for a time he feemed to fome by- (landers and obfervers to be confiderably like the perfon the afflided did defcribe. " Mr. Samuel Paris, being defired to take in writing the examination of Nehemiah Abbot, hath delivered it as aforefaid, and upon hearing the fame did fee caufe to dif- mifs him. John Ha'ujtborne, 7 ^^^^^^^.j. Jona, Lorwin^ 3 We fee, from the preceding examinations and confef- fions, the method of proceeding preparatory to the trial of the accufed perfons. For three or four months, the afflicted generally con- fined themfelves to their own neighbourhood, in their ac- cufations. In the examinations there is fometimes men- tion made of flrangers, whofe fhapes or fpectres were un- known to the afflided. The hrfl accufed, in any other county, was Mrs. Gary, wife of Mr. Nathaniel Gary, a principal inhabitant of the town of Gharlellown. He, as foon as he heard of it, carried his wife to Salem village, fuppofmg file would not be known to the affli«Sled. They happened to arrive jufl as the juftices were going into the meeting houfe, where they held their court to exam- ine pxifoncrs. All the prifoners, which were brought in, were 50 THE HISTORY OF [Chap. L were accufed, and the girls fell into fits as ufual; but Mrs. Gary came in and fat Xvithout any notice, except that one or two of the affiided came to her and alked her name. After the examination, her hufband went to the tavern, intending there to difcourfe with one of the girls, whom he heard had accufed his wife. John, the Indian, v/ho pretended to be one of the afflided, was a fervant in the h^ufe. Two of the girls were foon brought in, and inftead of giving any opportunity of difcourfmg with them, they tumbled about the floor, crying out, Gary, Gary, and a warrant came to apprehend her ; the Indian joining with the two girls in the charge. No bail could be admitted, nor was it to any purpoTe to make any de- fence, and fhe was ordered to the prifon in Bofton ; but, upon the requeft of her hufband, was removed to Cam- bridge gaol, where flie was kept in irons] Afterwards, when the trials came on at Salem, her?hufband went there to fee how they were managed, and he thought the only chance his wife had for her life, was by an efcape, which, by fome means or other, he effected, and fled with her to New York, where governor Fletcher entertained them very courteoufly. They petitioned, I fuppofe before the efcape, that {he might be tried in the county where fhe lived. If the court thought they were held to try the fa6t in the county where it was committed, there feems to have been room for an argument, her body being in Middlefex at the fame time that her fpe£tre and the body of the afliiO;ed perfons were in Eflex. Mrs. Gary was committed about the middle of May, Towards the end of the month, Gapt. John Alden, of Boflion, was accufed, who was thereupon fent down to . Salem. He had been many years commander of a floop in the colony fervice, employed for fupplying the forts eafl: with provifions and fliores ; and although, upon his fir ft appearing, the ju dices allowed that he always had the charader of an honeft man, yet one of them, Gidney, foon after, let him know he then faw reafon to think otherwife of him. Alden, in his account, fays, that the accufer firft pointed to another man and faid nothing, but that the man who held her fl:ooped down to her ear, and then 1692.] MASSACHUSETTS. 5X then fhe cried out, Alden, Alden. All were ordered in- to the flreets, and a ring made, and then ilie cried, out. There Jiands Alden, a boldfelloiv, ivith his hat 07i, fells povjder andjhot to the Indians^ lies ivith thefqnaijs and has papoofesy life. He was immediately taken into cuflody of the mar- fhal and required to deliver up his fword. A further ex- amination was had in the meeting-houfe, and his hands were held open by the officer, that he might not pinch the afflifted, who were flruck down at the fight of him, and made their ufual cries ; all which the juflices deemed Sufficient grounds for committing him to gaol, where he lay fifteen weeks, and then he was prevailed on by his friends to make his efcape, and to abfent himfelf until the confternation fhould abate, and the people recover the ufe of their reafon. Although the number of prifoners had been increafing*, from February until the beginning of June, yet there had been no trials. The charter was expeded from day to day, and the new conftitution of government to take place. Soon after its arrival, commiffioners of oyer and terminer were appointed for the trial of withcrafts. By the charter, the general aifembly are to conftitute courts of jufLice, and the governor with the advice of council is to nomi- nate and appoint judges, commiffioners of oyer and ter- miner, &c. but whether the governor, with advice of council, can conftitute a court of oyer and terminer, with* out authority for that purpofe derived from the general aflembly, has been made a queftion ; however, this the moil important court to the life of the fubje£i: which ever was held in the province, was conftituted in no other manner. It was opened at Salem the firft week in June. Only one of the accufed, Bridget Bifhop, alias Oliver, was then brought to trial. She had been charged with witch- craft twenty years before. The accufer, upon his death bed, confefled his own guilt in the accufation ; but an old woman, once charged with being a witch, is never after- wards wholly free from the accufation, and (lie being, be- fides, of a fradious temper, all the lolTes the neighbours met with in their cattle and poultry, and accidents in over* letting their carts, &c. were attributed to her fpite againd them. 52 THE HISTORY OF [Chap. L them, and now fuffered to be teftified againft her. This evidence, together with the teftimony of the afflided, and of the confelTors, what they had heard from the fpedres arid feen of her fpeclre, and an excrefcence, called a teat, found upon her body, were deemed by court and jury plen- ary proof, and (lie was convided, and on the loth of June executed. The further trials were put off to the adjourn- ment, the 30th of June. The governor and council thought proper, in the mean time, to take the opinion of feveral of the principal minifters upon the flate of things as they then flood. This was an old charter practice. They gave their opinion as follows.* ' *' The return of feveral min'iflers^ confulted by his excellency and the honourable council upon the prefent witchcraft in Salem village, Boflon^ June i^th^ 1692. '' I. THE afflided flate of our poor neighbours, that are now fuffering by moleflations from the invifible world, we apprehend fo deplorable, that we think their condition calls for the utmofl help of all perfons in their feveral capacities. " 2. We cannot but, with all thankfulnefs, acknowl- edge the fuccefs which the merciful God has given to the fedulous and affiduous endeavours of our honourable rul- ers, to defeat the abominable witchcrafts which have been committed in the country, humbly praying, that the dif- covery of thofe myflerious and'mifchievous wickedneffes may be perfeded. " 3. We judge that, in the profecution of thefe and all fuch witchcrafts, there is need of a very critical and exquif- ite caution, left by too much credulity for things received only upon the devil's authority, there be a door opened for a long train of miferable confequences, and Satan get an advantage over us \ for we fhould not be ignorant of his devices. " 4. As in complaints upon witchcrafts there may be matters of inquiry which do not amount unto matters of prefumption, * I fancy this muft be what Douglafb had heard fomething of, and calls by miftake ** the addrefs of many of the very popular but very weak minifiers or clergy to Sir W. P. a very weak governor, with thanks for what was already done, and exhort- ing him to proceed." t592.] MASSACHUSETTS. 53 prefumption, and there may be matters of prefumptiort which yet may not t)e matters of convidlion, fo it is necef- fary, that all proceedings thereabout be managed with an exceeding tendernefs towards thofe that may be com- plained of, efpecially if they have been perfons formerly of an unblemifhed reputation. " 5. When the firll inquiry is made into the circum- fiances of fuch as may lie under the jull fufpicion of witch- crafts, we could wifh that there may be admitted as little as poffible of fuch noife, company and opennefs as may too hallily expofe them that are examined, and that there may be nothing ufed as a ted for the trial of the fufpecled, the lawfulnefs whereof may be doubted by the people of God; but that the directions given by fuch judicious writers as Perkins and Bernard, may be obferved. " 6. Prefumptions whereupon perfons may be commit- ted, and, much more, convictions ■whereupon perfons may be condemned as guilty of witchcrafts, ought certainly to be more confiderable than barely the accufed perfon's be- ing reprefented by a fpectre unto the afflicted ; inafmuch as it is an undoubted and a notorious thing, that a demon may, by God's permiffion, appear, even to ill purpofes, in the (hape of an innocent, yea, and a virtuous man. Nor can we efleem alterations made in the fufferers, by a look or touch of the accufed, to be an infallible evidence of guilt, but frequently Hable to be abufed by the devil's legerdemain. " 7. We know not whether fome remarkable afrronts given the devils, by our difbelieving thofe teflimonies w^hofe whole force and ftrength is from them alone, may not put a period unto the progrefs of the dreadful calam- ity begun upon us, in the accufation of fo many perfons, whereof fome, we hope, are yet clear from the great tranf- greflion laid to their charge. " 8. Neverthelefs, we cannot but humbly recommend unto the government,, the fpeedy and vigorous profecutions of fuch as have rendered themfelves obnoxious, according to the directions given in the laws of God, and the whole- fome ftatutes of the Englifh nation, for the detection of witchcrafts." The ^4 THE HISTORY OP [Chap. L The judges feem to have paid more tegard to the lafl article of this return, than to feveral which precede it ^ for the profecutions were carried on with all poflible vig- our, and without that exquifite caution which is propofed* At the firfl trial, there was no colony or provincial law againfl v/itchcraft in force. The ilatute of James the firfl mud therefore have been confidered as in force in the province, witchcraft not being an offence at common law* Before the adjournment, the old colony law, which makes witchcraft a capital offence, was revived, with the other local laws^ as they v/ere called, and made a law of the province. At the adjournment, June 30, five women were brought upon trial, Sarah Good, Rebekah Nurfe, Sufannah Mar-^ tin, Elizabeth How, and Sarah Wilder. There was no difHculty with any but Nurfe. She was a member of the church and of a good chara ed the fecretary of the colony of Connedicut.* Mrs. Hale, wife to the minifter of Beverly, wasa^ufed alfo ; ^ which caufed her hufband to alter his judg^nt, and to be lefs active in profecutions than he had been. At the court in January, the grand jury found bills againft about fifty for witchcraft, one or two men, the reft women ; but upon trial, they v/ere all acquitted, except three of the w(*cft characters, and thofethe governour re- prieved for mb king's mercy. All that were not brought * upon trial he ordered to be difcharged.f- Such a gaol delivery ^ ^" As to what you mention, concerning that poor crcr.ture in your town that is affli(5led, and mentioned my name to yourfelf and fon, I rtturn you hearty thanks for your intimation about it, and for your charity therein mentioned ; and I have great caufe to blefs God, who, of his mercy hitherto, hath not left, nie to fall into fuch^an horrid evil.'* ExtraSi of a Ltiir from fecretary Allen to Inc. Mather ^ Harlfcrtly 1 8 March, 92-3. ^. fc V ♦ f It is faid^tJie governor's lady, vaWn Sir William was ahfent, faved one poor woman from^nkl. " in Sir William 'jPbfence, his lady, I fuppofe upon account of her name's bein^ Mary, (William and Mary) was foiicited fur a favoiu: in behalf *62^ THE HISTORY Of [Ci^ap. L #' '0 delivery was made this court, as has never been known at any other time in New-England, I» Several perfons had been charged and imprifoned in the county of Middlefex alfo, and at the firfl court at Charlef- town they were brought to trial, but the jury acquitted them all. Somt.of the court were diffatisfied. The juries changed fooner than the judges. However, it was not long before one, at leafl, of the judges of the firfl court of oyer and terminer was fenfible of his error. Mr. Sew- all, at a public fafl, gave in to the minifter a bill, acknowl- edging his error in the late proceedings, and defiring to humble himfelf in the fight of God and his people. It is faid that the chief jullice, Mr. Stoughton, being informed of this aftion of one of his brethren, obferved for himfelf that, when he fat in judgment, he had the fear of God be- fore his eyes, and gave his opinion according to the befl of his underftanding ; and although it might appear after- wards that he had been in an error, yet he faw no neceffi- ty of a pubhc acknowledgment of it. ^ One of the minifters, who, in the tim.e of it, was fully convinced that the complaining perfons were no impof- tors and who vindicated his own cond iQ; and that of the court in a narrative he pubUflied, remarks not long after, in his diary, that many were of opinion that innocent blood had been fhed. None of the pretended afflided were ever brought upon trial for their fraud, fome of them proved profligate perfons, abandoned to all vice, others pafTed their days in obfcurity or contempt. The opinion which prevailed in New-England, for ma- ny years after this tragedy, that there was fomething pre- ternatural in it, and that it was not all the ^e61: of fraud and impofture, proceeded from the relu<^am:e in human nature to rejeift errors once imbibed. As the principal adors went off the flage, this opinion has gradually leffen- ed ; of a woman committed by one of the judges, on accufation of witchcraft, by a formal warrant under his hand and feal, and in clofe prifon for trial the next aflizes, then not far off. The good lady, propria 'virtute, granted and figned a warrant for the faid woman's difcharge, which was obeyed-by the keeper, and the woman lives ftill for aught I know. Truly I did not believe' this ftory, till I Hiv^ a cojpy of the mittimus and difcharge, under the keeper's hand, attefted a true copy, for which difcovery the keeper was difchargcd from his truft and put out of his employmerit, as he himfel( told xne, M. S. later. 1692.] MASSACHUSETTS. 63 ed ; and perhaps it is owing to a refpe£l to the memory of their immediate anceftors, that many do not yet feem to be fully convinced. There are a great numbeir of perfons who are willing to fuppofe the accufers to have beea un- der bodily diforders which affected their imaginations. ^ This is kind and charitable, but feems to be winking the truth out of fight, A little attention mufl force convI(ftion that the whole was a fcene of fraud and impodure, began by young girls, who at firfl: perhaps thought of nothing more than being pitied and indulged, and continued by adult perfons, who were afraid of being accufed themfelves. The one and the other, rather than confefs their fraud, fufFered the lives of fo many innocents to be taken away, through the credulity of judgejiSnd juries.* It was propofed that the members of the general court fhould, during the recefs, confider of fuch laws as were necefTary to be eflabli/hed ; for the a£t reviving the colony laws was to continij.e in force no longer than until No- vember, 1692. This was a work of great importance, and required the wifeft heads, and ought to have been committed to feledt perfons upon a preconcerted plan, the whole of which each perfon fliould have kept in view ; for want thereof the people of the province have been fufFerers ever fmce ; the conflruclion of many laws has been doubtful and va- •* lying, it being impoiTible to reconcile the feveral parts to any general principle of law v/hatfoever. Befides, being pafTed one after another, as they happened to be brought in, and fent to England for allowance, fome were difap- proved ; others, which depended upon or had fome con- nexion with thofe which were difapproved, were allowed : "whereas, if one complete code or fyflem had been prepar- ed and fent to England, fuch alterations would have been propofed as might finally have ifTued in a well-digefted confiftent body 'bf laws ; and d, tem.porary provifion might , hayfe *Thc general court, about twenty years after, upon the petitions of the relations ©f thofe who had been executed, and of ftveral perfons who had been chaj-ged and fled, and whofe goods had been feized, made grants for and in conftdera^on of the loffes fuftained ; but the petitioners alleged, that they bore no proportion to the real damage. Philip Eaglifn, a merchant in Sakm, received £.300. He computed his damages at £. 1500. Inquiry was made by a conan^ittce, and they profcffed t« report fuch furas as each petitioo^ bad fun'ercJ. * * » 64 THE HISTORY OF . [Chap. I, have been made, un^il this perpetual rule fhould be fettled. Seven years had palled, and four different a6:s had been fent, one after another, to England, for eftablifhing courts of juftice, before the royal approbation could be obtained. , It was the pradice of the adminiilration then, and it feem^, at that time to have been well enough received in the prov-. ince,* to point out, either in the order difallowing laws, or to the agent who prefe^ied thern, the particular excep- tions, and to propofe fuch alterations as might render them acceptable, except in fuch cafes where the law in all * its parts was difapproved. f The legiilature confiding of many of the fame perfons who had compofed the j^iilature under the old charter, we find the fame fpirit,.;^ rnoft of the laws which were firll paifed, as had been in the colony laWs. The hrft ad was a fort of magna charta^ alfei ting and fetting forth their general privileges, and this claufe was among the reft ; > ^' No aid, tax, tallage, aifelfment, cuftom, loan, benevo- ^ lence or impofition whatfoever, fhall be tlaid, affeifed, impofed, or levied on any of their majeilies' fubjeds, or their eftates, on any pretence whatfoever, but by the ad and confent of the governor, council and rcprefenta- tives of the people aifembled in general court." The other parts of the ad were copied from magna charta. This * " I am alfo obliged to acknowledge your Lordfliip's favour In making known the reafons of the repeal of divers adls and laws made within this province, which is of good information and direction unto the general affembly in their new making of others to thofe purpofes." Extr.from Lt. Gov. Stoughton s letter to lords oftrade^ Sept, 30, 1697. , . Jf* f ^By Poyning's ad, fo called, it is provided, " that no parliament be hereafter holden in the faid land of Ireland, but at fuch feafon as the king's lieutenant and • council there firft do certify the king, under the great fe^l of that land, the caufes ana 4(#* confiderations, and all fuch aifts as them feemeth fhould pafs in the fame parliament,jj* ' ^ and fuch caufes, confiderations and a6ts afhrmed by the king and his council to be '^ ^>' • good and expedient fqr that land." By an ad of the parliament of England 3d and 4th Phli. & Mar. it was determined, that the meaning of the words " good and ex- pedient for that land" was, that the ads fent to England mi^ht be pafTed in fuch form and tenor as fent over, or that any part of them migh^* changed and altered before they were fent back to Ireland t6 be pafled by the parUament there. A quef- | tion, however, was ftarted in the 12th of K. James I. and it was referred to the chief juftice, (Sec. to confider both the Irilh and Engliili ad, and although it may feem dif- ^ ficult to include corredion and alteration in affirmation, yet, it was certain, the ad ^ of Phil. & Mar. had fo explained it ; and thus, although the ads themfelves are to be originally drawn or propofed in Ireland, yet the amendments or alterations, which may be as material as the ads themfelves, originate in England. This feems uncon- flitutional in an Euglifh government. It is not certain, however, that there may not be conveniences arifing hereby to the people of Ireland fufficient to balance ail inconveniences. 1692.] MASSACHUSETTS. 6s This was foon dif;^lo\^d. So was an acl for punlfliing capital offenders ; amongfl whom are ranked idolaters, bkl'phemers and incefluous perfons, and, what the benig- nity of the common iaw makes manllaughtcr, was by this acl exprefsly declared to be wilful murder. This law was framed from the judicial laws of Mofes. Divers other acls, which difcovered the fame fpirit, met with the fame fate. The danger they had been in from Sir Edmund Andros's calling their titles in queftion, I imagine mud have occafioned an ad for quieting polleirions ; declaring that three years quiet poffeffion fhould give a title, with the ufual favings of infants, &c. This probably was thought too fhort a term, and therefore difallowed ; as was aUb an act for the equal diilribution of iniblvents' ef- tates ; the rule of law for paying debts according to their nature and degree was thought preferable ; but the people having never been ufed to this, it would have been very inconvenient, and'^^ftpon further trial the aft, or one to the ^fame purpofe, was allowed. It is indeed difficult to affigu a fufficient reafon, why not only one fet of creditors of a deceafed infolvent fliall be paid their full debts to the ex- clufion of all others ; but even an executor or adminiflra- tor fliall ha^c it in his power to pay himfelf, to the exclu- fion of othS^s^whofe debts were of the fame nature. Other acts .which were paffed were appro"\i^d,^viz. one for prevention of frauds and perjiriies, conformable to the ftatute of Charles the fecond ; others for punilhing crim- inal offences, in many parts mitigating the penalties at common law ; for the obfervation of the Lord's day ; fol- Aenjnizing marriages by a miniffer or a juftice of peace ; fciettlement ancj fupport of miniffers and fchool-maders ; Sr^gulating towns and counties ; requiring the oaths ap- pointed inflead of the oaths of allegiance and fupremacy, as alfo the oaths of officers ; effablilhing fees ; afcertain- ing the number and regulating the houfe of reprefenta- tives ; and divers other afts of immediate neceffity and I general Aility, which have l^een in force ever fmce ; but none of more univerfal influence than the aft for fcttle- ment of the eftates of perfons dying inteftate. In a new country the l^gth of time an eftate has been in a family cannot 66 THE HISTORY OF [Chap. L cannot be urged for the further continuance of it ;* where improvements are continually making, the perfonal ef- tate is continually changing into real, which increafes the natural injufUce of one child's taking the real eftate of the parent, to the exclufion of the other children ; it was therefore thought reafonable, that the real as well as perfonal eftate of a parent fhould be equally dillributed among his or her children, faving to the eldefl fon, either from the rule in the law of Mofes, or a fuppofed ju(l claim from primogeniture, a double lliare. The a£t there- fore, in general, was planned upon the jflatute of diftribu- tions, but gave two fhares to the eldefl fon, and undoubt- % ediy in the diftribution among the children of an inteftate, refpeQ:ed real effates in like manner with perfonal j the widow had her thirds in the real for life only. ^ It is evident, that the principal point in view was to make real eftates partible among the children of an inteftate, and that they never confidelred the full opera- tion of the claufe in the flatute, and which is alfo brought into the ad, providing, that where there are no chil- dren the whole ettate fhall go to the next of kin to the inteftate.f The new government, as we have obferved, found * themfelves in a ftate of war. The authorif^^^of the col- ony had appointed EUfha Hutchinfon, who was one of the afTiflants and chief oiKcer of the regiment of Bofton, to be commander of the forces. He was at Portf- mouth, in New-Hampfhire, when the charter arrived, and s had difpofed his men upon the eaftern frontiers, fo as to cover the few inhabitants which remained there af-^ * In Ruffia, it is faid, they dlftlnguifh between lands that have been a long tidlflV in a family and thofe of late original. " Lands, that have not been above tweitty'^ years in a family, fali to the younger children proportionably with the eldeft/* f^oyage to the northern coajls of Europe. fr- f Accordingly, for more than thirty years after t^^ pafling this law, it was the prevailing pradlce, I am not fure it was fo in every inftance, for real eftates to de- jfcend and be diftributed by the courts of probate as at common law, the inftance- of ♦ ' » children of an inteftate only excepted. At length by judgments at common law, firft the half blood, then the fatlier and the mother have been determiiiedlo be entitleji||fc: to the real in like manner with the perfonal eftate. General entails have been ad- " judged, notwithftanding, not to be partible. I fuppofe, upon this principle, that by this ait the eommon law is altered only with refped to inteftate eftates, and takes place in davifes as if it had not been made. It had been exprefsly declared, in the laws of Plymouth colony, that lands in fee fimple fliould go to alhthe fons, the eldeft a «[ouble Ihare, but entails Ihould go according to the laws of England, j6g2,2 MASSACHUSETTS.' * 67 ter the deflruclion of York. CaptaiR Convers, with fif- teen men, was polled in a garrifon houfe at Wells, called Stortr's garrifon ;* and about as many more were on board, two iloops, which went from Bollon with provifions. About the loth of June, the inhabitants were alarmed by their cattle runmng home from the woods in a fright, and fome wounded. This notice caufed the feveral fam- ilies to betake themfelves immediately to this one houfe, where they were fcarce lodged when an army of French and Indians, of three or four hundred,, furrounded the houfe. A French officer, Labrocree, was commander, and Madockewando^ Moxus, Egeremet, and other noted Indian chiefs were under him. They tirit attempted the garrifon houfe ; but having no cannon, they were repulf- ed and went to the iloops. The river v/here they lay is not above eip;hteen*or twenty ^feet broad, but the banks /helve away fo that they could not leap aboard. I'hey fet the Hoops on /ire feveral times with fe arrows, but the fire was as often extinguiflied, and, aftTr a variety of con- trivances to Ihelter themfelves from the Englifli iliot, they gave over and returned to the garrifon, where they had no better fuccefs. The women not only tende(J the men with ammunition and other neceffaries, but many* of them took their mulkets and fired upon the enemy. Very- good terms were offered the garrifon if they would fun- render, but ho regard was paid to them ; -4x1 army of French and Indians were not to be trufted. Being drove again from the garrifon, they made a fecond attempt upon the floops by a fire raft, which fortunately drove afliore and broke, without any damage to the veifels. ,. Having fpent eight and forty hours in this way, they withdrew, with tbe lofs of Labrocree, their commander, and fome * Coh Stgg^, the prefent poffelTor, kept up the ftocl?adoes, and one or more of the flankarts unnnince the year 1760, rather as a memorial thin neceffary defence. . We may ohferve here, that, in every frontier fettlcment there were more or lefs frarrifon houfes, fome with a flankart at two oppofite angles, others at each corn<;r of the houfe ; fome houfes furrounded with pallifadoes, others which were fmaller built with fquare timber, one piece laid horizontally upon another, and loop-holes in every fide of the houfe ; and, befides thefe, generally in any more confiderablc plantuLion there was one principal garrifon houfe, capable of contair^jte" foldiers fent for the de- fence of the plantation, and the families near, whofe houfe:*5|^re not fortified. It was thought juftifidble and neceffary, whatever the general rule of law might be, to erc€t fuch forts, caflles or bulwarks as thefe upon a mun's own ground, withofi*- ccmmiri .:» •r fpecial licenfe therefor. 68 ' THE HISTORY OF [Chap. L, few of the men. In their retreat, they wreaked their malice in torturing a poor Englifhman, John Diamond, who was taken prifoner in paffmg from the Hoops to the fort, and in killing all the cattle they could find. Sir William Phips was charged by his inftrudiions to build a ftrong fort at Pemaquid. This he performed the fir ft fummer, going down in perfon. The country in general difliked it. They have been reproached for grudging at fo fmall an expenfe for their own fafety ;* but this was not the principal caufe of their averfion to a fort here. It anfwered no other purpofe than to keep polfeflion of that particular harbour, and was not conve- nient for a poft for any marching parties, who from time to time were fent out for difcovery of the enemy, nor for the fettlers of the frontiers to retreat to. The miniftry, I think, had a view in it, which the people of the province feem not to have confidered, viz. preventing the French from claiming Ai^die as a derelid country, and perhaps taking pofTeflion of it ?.s fuch. However, the fort was built and a very refpedable one, and a garrifon main- tained there at the charge of the province. The French immediately formed a defign, or profecuted what was be- fore defigned, to poffefs themfelves of the place. Two Ihips of war, le Poli and I'Envieux, under Iberville, were to attempt the place by fea, whilft Villebone,g^with a body of Indians, did the fame by land. The fhips%ame late in the fall, and finding an Englifh veffel at anchor under the guns of the fort, and having no pilots, nor any body ac- quainted with the coaft, they thought it prudent to retreat. The Indians had aifembled in great numbers, and' were very much diflatisfied, depending upon driving away their troublefome n^eighbours the Elnglifh. The French, at Que* bee, fuppofed thefe extraordinary preparations, which fruftrated their attempt, were caufed by the intelligence which two deferters, who had been fpirited away by Mr. Nelfon, gave to the authority in Malfachufetts, but this was a'miftake.f Whilfl * Difcovery and fettlei||fent of the Engllfli in America, In Harris's collection. 't Charlevoix, and YpCl. Hill. Maff.p. 378. 1693.] MASSACHUSETTS. 69 Whilft the governor was at Pemaquld, building the fort, he fent major Church, the celebrated commander in Phil- ip's war, with part of th^ forces to Penobfcot, and upon his return he ordered? him to Kennebeck. 'Chjftrch took three or four prifoners and fome plunder at Penobfcot, and difcovered a great number of Indians ; but«fer want of whale-boats could not purfue'them. At Kennebeck, he burned a fort which the Indians had at Taconnick, and deftroyed their corn, but neither killed nor took prifoners* any of the enemy. We meet with nothing elfe memorable this year rela- tive to the frontiers. The Indians had not been very active ; they were fenfible of their ill treatment from the French, who had often abandoned them, and^it was tah)^ influence of the priefts and the bigotry of^JtJie Indians to the Romifli religion, which prevented theW'forfaking the French interefl and adhering to the Englifii ; befides, the Englifh had feveral of their principal peopje prifoners at Bofton, of whofe redemption they were very defirous, and had no hopes of accomplifhing it except by a treaty of peace. ' **'\,/ The appointment of counfellors in the charter was in confequence of the nomination made by Mr. Mother, the agent. *JPerhaps he was \tell enough pleafed,riij^.the time of it, with having it in his power to diltinguilh hk friends fome of whom he afterwards thought ungratefi^l 'to him ; and thofe who had formerly been in, and now thought themfelves injured, as foon as they were reftored, fhewed their refentment ; and he ufed to fay he hadibeen more unkindly treated, from time to time, by the council than any other men in the province. j^The eletlion in May, 1693, was the firfl opportunity the country had of fhew- ing their own fenfe of Mr. Mather's nomination. Wil- liam Stoughton, Thomas Danforth, John Pynchon, Elifha Cooke, Ifaac Addington, William Browne, Nathaniel Thomas, John Saffin, Francis Hook and Charles Froft were ^leded counfellors, (the fix firfl: named had^been af- fillants, but were left out of the charter) and Simon Brad- flreet, Samuel Appleton, John Joyliffe, Adam Winthrop, Richard Middlecot, Jofeph Lynde, Samuel Hayman, Stephen * yo THE HISTORY OF [Chap. L rk Stephen Mafon, Thomas Hinckley and Job Alcot were left out of the counciL^^ Stoughton, the lieutenant-^gov- ernor, had a£led as a counfellor all the year ,1692, al- though fm^fc were twenty-eight, wkhout him ; the depu- ty-govepor ufed to be confidered as an afliftant under the oiSfch artery* but it was now thought proper to choofe him one of the twenty-eight. They were not fure of always having a heutenant governor fo agreeable to the people as he was. The governor refufed his con- fent to Mr. Cooke. He had oppofed, when he w^as in England, the appointment of the governor. He was however in real efleeni with the people, and the negative v/as impolitic. Repeatii^ applications had been made for a naval force to be fent- from England, fuiiicierit in conjundlion with land forces to be railed in New-England and New-York, for the redudion of Canada, but without fuccefs ; other affairs . of the war not permitting this, though deemed importaiit, to be engaged in. In 1692, it was reiblved there Thouid be an expedition the next year.f A^iieet was to be employed in the winter in reducing Martinico, and, having performed that fervice, was to go to Boflon, there to take on board a body of land forces under Sir William Phips, and fo proceed to Quebec. H^ Quebec been th4 only objed", and reafonable notice given to the colonieSj'^there was reafon to exped fuccefs. By' the '' fleet's * The agents tliought the cafe to be the fame under the new charter. I'his w^t the reafon whji.in the firft draught the deputy-governor as well as the council was to be annually ele«5led by the aiTembly, when the governor was" appointed by the crown. f " It has pleafed the king, cut of his great goodnefs and difpofition for the wel- fare of all his fubjedls, to fend a confiderable ftrength of Ihips and men into the Weft-Indies, and to direct Sir Francis Wheeler, the admiral, to fail to New-En- gland from' the Caribbee iflands, fo as to be there by the laft of May or middle pf June at fartheft, with a ftrength fufficient to overcome the enemy, if joined and feccnded by the forces of New-England. I mean fuch a fupply of ftiips, men and provifion as may fccure a conqueft of Nova-Scotia and Canada, the only means to make Nevv--England happy and fecure hereafter. There never can be fuch an occafion for you to affift with your beft perfuafion, or for the people of New-En- gland to Ihew their zeal for their religion alid love to their king and country. His majefty has taken care, befides the fhips of war, to fend you a thouland expe- rienced foldiers, if their number be not diminiflied by their fervice in the Weft-In- dies, under a commander Who has looked the fame enemy in the face, and will ftiew an example Worthy to be foUov.-ed. Sir William Phips, I fuppofe, will be at the head of the New-England volunteers, and will eaiily acquiefce, according to the rules of war, in leaving the chief command as his majefty has determined it." Extr. from Blayth'waH'''s letter to J. Mather ^ %0 Ft-b. 9Z-3. 1693.3 MASSACHUSETTS. 71 fleet's going to the Weft-Indies, the whole defign was blafted. If licknefs had not weakened them, the force would ftili have been infufliclent for the redudion of Martinico ; but the mortahty was fo great, that before Sir Francis Wheeler, the commander in chief, came to * Bofton with the fleet, June nth, he had buried 1300 out of 2100 failors, and 1800 of 2400 foldiers. It may well be fuppofed the admiral had done with the thoughts of the Canada expedition.* The land army, perhaps, might have been recruited, but a fupply of feam^n cciuld not be obtained. Befides, not the leaft: preparation had been made ; he brought the news himlelf of his propofed attempt. The letters dated in February, the velfel being by fome means or ot?her delayed or beat off tlie coafl:, did not arrive until July. ' In an affair of fuch importance and jipL a time of war, notice might well have been ex- ^e£led by many different conveyances. Sir Francis fet- tled with the government a plan for another year, viz. 2000 land forces to be fent from England, and 2000 more to be raifed in the colonies, the fhips and forces from England to be at Canfo by the firfl of June, where the forces from the colonies were to be ready for them 5 the whole force to go up the river, there to divide, and attack Montreal and Quebec at the fame time. Confid- ering the ftate Canada was then in, this feems to have been no injudicious plan. A rendezvous at Bofton would have been known at Quebec, by perfons from the fron- tiers, before a fleet could have gone up the river. With Canfo (Cape Breton not being then fettled) the French in Canada had lets communication : the whole force go- -^ ing up the river was not lefs judicious. Former and later attempts h:;ve fhewn, how uncertain the mutual aid • would have been of an army up the river and another inarching within land. The diflemper which had been in the fleet fpread in f Boflon and was more malignant than ever the fm.all- pox had been, or any other epidemical ficknefs which had been in the country before j and many families left the X * He aflccd the opinion of the governor and council, whether they thought •he ftrength he then had was fuSicient, and they gave their opinijn tjiat it \v»* »ot. ♦ * 72 ' ' THE HISTORY OF ** [Chap. I. the town and refided in the country, until the infedion ceafed. The moieilations upon the f'rontlers this year were not very great. Preparations were made for carrying on , the war. Captain Convers, v^ho had behaved well, was appointed with a major's commiffion to the command of the forces eaftward. With a fmall army of four or five hundred men, he marched to Taconick, on Kenne- beck, but met with none of the enemy, except one party which he furprifed not far from Wells. On his return, he madi fome flay at Saco river ; and about two leagues up the river, on the weflern fide, near the falls, a very proper ftation, he built a (lone fort, an irregular penta- gon with a tower. This was in the heart of the Indians' hunting ground at that time, and was thought to have ac- celerated a treaty of peace. An apprehenfion prevailed among them, at the fame time, that the Iroquoisy iM ftigated by the Englifh, would fall upon them. Thurry, a French mifiionary at Penobfcot, fpared no pains to prevent it, but they w^ere ineffedutl. The In- dians fued for peace, and the Englifh were glad of a ref- pite from war. Pemaquid being appointed for the place of treaty, on the nth of Auguft the articles were figned, and hoftagcs delivered by the Indians as a fecurity for their fidelity. This fecurity could not be obtained from them in later treaties. It was inefFe£lual at this time. Charlevoix has not truly reprefented this traiffadion. He may have been mifmformed by the Indians who have always kept from the French, as far as they could, the fubmiflions made to the Enghili. He fays, Sir WiUiam Phips had engaged a few of the Abenakis to a fort of an accommodation, and that two of their chiefs in the month of May* had promifed that they would conclude upon articles of peace, and gave two hoftages for the perform- ance of their promife ; and that Phips came in perfon to Pemaquid to have finifhed the affair, if de VilHeu, a French cfEcer, had not by his diligence prevented ; for being fee* onded by the priell Thurry, he found out the fecret of recovering [ * Phips was at Pemaquid in May, 1694, and there obtained from Madockewan- 4o a deed of the lands at St. George's river. See Waldo s defence of Leveret's claims X736,/. 24-] *T^93-3 MASSACHUSETTS. recovering Madockewando, who had declared in favour of the Englilh, and prevailed upon him to ralfc two hun- dred and fifty men and make a defcent upon Pifcataqua river, ^6 miles from Boflon. Charlevoix has brought the treaty, made in 1693 ^^^^^ i^94i ^rid by calling it only a propolal for a treaty, has given a glofs to the whole allair, and extenuated the perfidy of the Indians in their hoftili- ties foon after, and the guilt of the prieft in exciting them. Upon the weftern frontiers, in the fummer of this year, the Indians, led on by the French, made what the latter call /a petite guerre upon our new fettlements, but forces conftantly kept up prevented any remarkable deftruftion. Whilfl the government had their hands and hearts full in providing for their own defence, they were called upon to provide their quota of men for the defence of New- York. Mr. Stoughton, in Sir William's abfence eaflwarJ, excufed the province from concerning itfelf therewith, in a letter to Lord Nottingham, Oct. 20, 1693. "I CRAVE leave further to acquaint your lordfliip, that the governor of New- York having written unto his excellency the governor here, (Ignifying his appointment of a meeting at New- York, upon the fird Wednefday of this month, of commifTioners from the feveral govern- ments of New-England, Virginia, &c. to concert and agree upon a certain quota of men and money for the defence of Albany, &c. in obfervance of their majellies' commands ; it happened to be at fuch a time and under fuch a con- juncture of affairs here, that no m.eet perfons could be pro- cured to attend that Congrefs. Much may be faid to ex- cufe this province from contributing towards the charge of maintaining and defending the frontiers belonging to New-York, being at fuch a confiderable diflance from the frontiers of this province far more large and expofed, which have been defended and maintained at their own charge, and many thoufand pounds more fpeiit in the fup- port and defence of New-Hampfliire. Vv'ere the whole account of the charge of the war to be proportioned among the feveral colonies, it would plainly appear, upon a right computation, that we have not been fo forward to com- VoL. IL F plain 74 THE HISTORY OF [Chap. L plain of the burden as fome of our neighbours ; but it is hoped a true and impartial reprefentation of this matter will apologize for us unto their majefties, that we be not included in the charge at New-York.'** Sir William Phips's rule was fliort. His condu61-, when captain of the ihip of war, is reprefented very much to his advantage j but further talents v/ere necelfary for the good government of a province. He was of a benev-* olent, friendly difpofition ; at the fame time quick and pafTionate. A clofe attachment to his friends engaged him in a difpute with the collector of the cuftoms ; and provocation, both from the collector and the captain of a man-of-war, caufed him to break out into fome indecent failles of paflion and rage, and to treat both of them in fuch a manner as v/as diihonourable to him. Mr. Brenton, a young gentleman of a principal family in Rhode-Ifland government, had been appointed colleiSor for the port of Boflon. This was before the eftablifhment of cuflom- houfes in the plantations by a£i: of parliament. The peo- ple thought it enough to enter and clear at the naval-of- fice, and queflioned the authority of the colledor.f The governor l3eing the naval-officer, and afting by his dep- uty, did not difcountenance this opinion of the people^ A veflel * A new appointment was made in I7CO, in which MalTachufetts and New- Hampfliire were left out. Neither of them had the intended efFetft. New- York Iiad fu/Tercd greatly by the deftrudion of Schenectady, and Albany was thought to be in danger. Thefe apportionments were principally for the fake of that province. The next war they provided for their own fecurity by a neutrality which carried the whole force of the enemy upo-n their neighbours. f Under the firft charter the a^s of trade had not been duly regarded. In l68r, Xdward Randolph came over with a commiffion as colle<3:or. Soon after the gener- al court paffed a law for ereiiling a naval office, which Randolph reprefented as done in oppofition to him. After tJie charter was vacated, divers xjeffels from Malaga, &c. were feized and condemned for illicit trade, and Randolph makes no complaint of being impeded in the execution of his office during that time ; but upon his return to England after the revolution, he gave in a lift of near thirty veffels which had been guilty of breaches of the adts of trade, and prayed that he might be reftored to the office of collector ; and the agents v/ers required by the lords of the council to make anfwer. They denied the fait as to many of the veffels, and exculpated the government as to the reft, alleging that the general court had declared that they would ftri(itly obferve the adts of trade, and, that none might plead ignorance, had ordered them all to be publiffied. Sir WiUiam Phips appointed one Benja. Jackfon it)aval-officer. The fenfe of the people upon the oSicer of coUedlor will appear from the following extract of a letter to the agents. " Mr. Brenton, their majefties' colle6tor, has been endeavouring to impofe upon the government, by obliging all mafters of fhips and other veffels to enter and clear with him, thereby burdening the people with unneceffary and unreafonable fees, ef whick 1594-] MASSACHUSETTS. 75 A veflfel arrived from the Bahama-iflands with a load of fuflic, for which no bond had been given. Col. Foiler, a merchant of Boflon, a member of the council, and fafh friend to the governor, bought the fuflic at fuch price that he was loth to give up the bargain. The collcdor feized the vefiel and goods ; and upon Profiler's reprcfv^nt- ation to the governor, he interpofed. There v/as at that time no court of admiralty. By the charter, the king referved admiralty jurifdidion, but no court had been conflituted. I have a manufcript, fent at that time to England, which fays, the governor imagined, that, by virtue of his commifTion for vice-admiral, he had a right to fit as judge, and that he condemned feveral prizes, and among the reft the St. Jofeph, brought in by a pri- vateer of the Leeward-iflands, which the captain vvould have carried thither for condemnation, but was not per- mitted. Be this as it may, it is certain that Sir William took a more fummary way of deciding this cafe, and fent an order to the colle6^or to forbear meddling with ths goods ; and upon his refufal to obferve orders, the gov- ernor went to the wharf, and, after warm words on both fides, laid hands upon the colleiStor, but with what de- gree of violence was controverted by them. The gov- ernor prevailed, and the vefTel and goods were taken out of the hands of the collector. There had been a mifunderfranding alio between the governor and captain Short, of the Nonefuch frigate. In their paflage from England, a prize was taken ; and Short complained that the governor had deprived him of part of his fiiare or legal intereft in her. Whether there were grounds for it, does not now appear. The captains of men-of-war, flationed in' the colonies, were in thole days required to follow fuch inflruftions as the governors gave them, relative to their cruizes and the protection of the trade of the colonies ; and the governor by his com- milTion had power, in cafe of anv great crime committed which complaints have been frequently ni'dcle. We do not find any adl of parlia- ment requiring the fame, there being nothing of the growth or produce of this province from whence any cuiloms arlfe, and the governors of the feveral planta- tions are efpecially enjoined by law to take care that tlie acts of trade and naviga- tion be duly obfcrved, under a fevere penalty for thsir uegkil." Litter to H. Af' t^rftand C, Fhi^s^ Fil>. il, 16^2-3. F2 -6 THE HISTORY OF [Chaf, I. By any of the captains of men-of-war, to fufpend them, aiid the next officer was to fucceed. The governor re- quired captain Short to order part of the men belonging to the Nonefuch upon fome fervice, which I do not find iiientioned, probably to man fome cruizer, there being many pick^eroons about the eaflern coaft, but he refufed to do it. This was ilF taken by the governor; and meeting captain Short in the ftreet, warm words pafled, and at length the governor made ufe of his cane and broke Short's head. Not content with this, he committed him to prifon. The right of a governor to commit by his own v/arrant had not then been queftioned. From the prifon he removed him to the caflle, and from thence on board a merchant veflel bound to London, to be de- livered to the order of one of their majeflies' principal fec- r.etaries of Hate ; giving the mailer a warrant or authori- ty fo to do. The veflel by fome accident put into Portf- mouth in New-Hampihire.. Sir William, who feems to have been made fenfible of fome irregularity in thefe pro- ceedings, went Vo Portfmouth, required the mailer of the merchantman to return him the warrant, which he tore to pieces, and then ordered the cabin of the iliip to be open- ed, fecured Short's cheits', and examined the contents., Short was prevented going home in this veiTel, and went to New- York, to take paifage irom thence for England ; but Sir F. Wheeler arriving fo on after at Boflon fent for him and carried, him home with him. The next officer fucceeded in the command of the ihip, until a new captain arrived from England. Short was reilored to the com- mand of as good a ihip, Brenton's complaint was made to the lords of the treaRiry about the fame time, and re- ferred to the board of trade, and both came before the king, who was folicited immediately to difplace the gov- ernor. This the king refufed to do without hearing what he had to fay in his defence ; and he was ordered to leave his government, and make an anfwer in England. The governor's friends in New-England excufed him by the great provocation he received, both from the captain o£ the man-of-war and the colledor. This would ferve bet- ter to excufe a private perfon than the governor of a prov- ince.^ :i594.1 MASSACHUSETTS. V / ince. The prejudices were great againfl him in England. Mr. Dudley, who was upon the fpot and defired to fuc- ceed him, heightened them. There was a llrong party againfl him alfo within the province. By negativing Mr, Cooke, he had made many of thole who had oppofed all meafures, except the reiloration of the old charter, to be his enemies. Dudley had been trying to reconcile himfelf to his countrymen ever fince the revolution : he had great family intereft. Stoughton, the lieutenant-governor, re- tained his friendfhip, and fe-cretly correfpjonded Vv^ith him^ and was very cold in Sir William's intereil.*^ They who had been in favour of the charter were for him. They v/ere the mofl numerous, but not moll; Lclive and zealous. The private letters fent to England were generally againlt him. He had a hai"d tafk to keep a majority of the general court in his favour. An addrels was pro.pofed and carried in the houfe of repreftntatives, humbly praying his majeily that the governor might not be removed ; but -of fifty mem.- bers prefent, twenty-four voted againfl it.f The non-ref- ident acl was not then in for<:e ; and it appeared that molt of the inhabitants of Bofton, who reprefented towns in the country, were againft the addrefs. The party in favour of the addrefs, to prevent farther trouble, if there fliould be further occafion for any thing to be done in hivour of the governor, brought into a bill, which was then before the houfe, a claufe rellraining towns from choormg any perfon to reprefent them in the general court other thaa freeholders and refidents wdthin fuch towns. This pro- vifion is generally looked upon as a privilege, ai>d a point gained by the people ; but it certainly was occafioned by what is commonly called the prerogative party iij govern- ment, * " In my laft I inclafe, 16:; 3-4. t M. S. ^S THE HISTORY OF [Chap. L jnentjand however falutciry,\vas defigned as an abridgment of liberty.*^ Sir William left Bofton the 17th of November. An injudicious ufe of power produced, what were judged by the crovvii, necelfary regulations, fooner than, perhaps they would otherwife. have been made, viz. the eftabhfhment of a judge of admiralty,! powers to the of- ficers of the cufloms, and the oath to the governors by the 7th and 8th of William ; and the remembrance of this, together with other a6i:s of plantation governors, might alfo caufe the power over the iliips of war to be taken from them, although it was fuffered to continue feme years after this time* The ^ " It was very fui-prifing to me to fee the laborious methods taken to obtain an. addrefs from the general affembly here, for the continuance of Sir William in the government. The cppofers vrere gentlemen principally of Boilon, v/ho were too near Sir William to tbinkwell of him, but ferved in the houfe for feveral towns and villages at fome diflance, where fome of them were born, and others had their eflates and improvements above any dwellers in the palace for which they ferved. To be rid of them all at once, a bill was brought in, or rather a claufe brought into a bill that no. man whatibever fhould ferve in the houfe of commons for any town, unlefs where he did at that time live and dv/ell, which paiTcd with the diffent of twenty-four, the- whole hoiifc coniilling of fifty, and with fome heat in the upper houfe. Sir William hereupon ruilies into the houfe of commons and drives out the non-refidents, and I am miflaken if either for eftates or loyalty they left any of their equals in that houfe.'*" X>dt:r to London, Nov. I, 1 694. Doiiglafs, whofe foible it was to fpcak well or ill of men very much as he had a. perfonal friendlhip for them, or had a perfonal difference with them, of which I may inftance more efpecially in his moft elaborate endeavours to fet Mr. Shirley in. a difadvantageous light, his laboured encomiums of feveral I choofe to avoid mention- ing, becaufe for fome of them he had other foundation, had taken up a prejudice againll the two Mathers, father and fon, and remarks upon the occafion of this adl,, *' It is faid that anno 1693, there were fome Bolton gentlemen reprefentatives for fome of the out towns, but not agreeable to the reverend I. Mather. Mr. Byfield for Eriilol is mentioned. Mr. Mather, of great intereft with the weak governor Phips, and with the devotionally bigottcd houfe, procured this a<5l." f " I find gi'eat offence taken at your governor Phips, for beating the captain of the '«ian-of-war there for not yielding his fhipmen to the governor's command elfewhere^ My fon feems to apprehend him a perfon not competent to be a governor, for fo do- ing ; and, as a commiflioner of the admiralty, feems to indulge the captain's com- plaint, and reflec5l upon the govex-nor as an adl miibecoming his pofl. I fear the confcquence of this preiudice againft the governor by our admiralty cpmmiffioners efpoufing the captain's intereft againft him, which 1 doubt will be ; and my fon feems to refleft upon the whole plantation, for choofing a governor of no better prin- ciples or pra6lices than to forget himfelf fo far as to cane or ftrike a commiffion of5- ter, none of his, which will m'dch provoke the admiralty to fe^id a judge thither, of and for the admiralty, net the governor to take his pofl." Sir Nath. Rich to I. Mather, London, Jan. 25, 1 693-4. Sir N. Rich probably mifunderfrood his fon ; the immediate motive to the ap- pointment of a judge of admiralty was not the caning of the captain, but the gover- nor's improper ufe of admiralty power. 1694-] MASSACHUSETTS. 79 The government falling into Mr. Stoughton's hands, upon Sir William's leaving the province, feems to have been adminiilered by him to good acceptance in England, and to the general fatisfa6tion of the people of the prov- ince. The rule of a lieutenant-governor it is expected will be fhort ; it is fcarce worth while to form parties againfl him within the government ; and if there lliould be any mifrule, which requires check or cenfure from England, it is of lefs confequence, his authority being fo foon to be fuperfeded. This is not the only reafon why the adminiftration of Mr. Stoughton and one of his fuc- cefTors, Mr. Dummer, have been generally well fpokcn of. They had each of them fpent fome time in England, and better knew what conduct v/ould be approved of there ; they were well acquainted with the tempers of their own countrymen ; each of them, very prudently, rather aimed at an eafy quiet adminiftration, than at any thing great and ftriking ; confidering themfelves as at helm, to kep the ifhip in its fleady courfe ; they feldom relied v/holly upon their own judgments, ading in the mod common affairs by advice of council, which ferv- cd as a juftification of any meafures which might be un- popular, or in which there might be any miftake, and yet took not away the credit of fuch as proved to be well judg- ed, and were generally applauded. At the firft election, Mr. Cooke being chofe of the council, although he had ever been of the party oppofite to the lieutenant-governor, yet he approved of the choice. The treaty, laft year, at Pemaquid, had produced near a twelvemonth's quiet to the frontiers. The French did not intend it fiiould laft fo long. They kept the Indians from reftoring the prifoners according to their engage- ments. The hoftages were no fecurity whilft the Indians had a much greater number of the Englifti in their pow- er. New hoftiUties therefore were every day expected. At length, the 1 8th of July, they fell with fury upon a village at Oyfter-river, in New-Hampfnire province, killed and carried away ninety-four, fome accounts fay about one hundred men, women and children. This was a heavyblow. The Englilli reprefent the enemy as a very great army, Charlevoix 8q the history of [Chap, t Charlevoix fays there were two hundred and fifty of Penob« fcot and St. John's Indians, befides fome of father Bigot^'s miffion,* and only one Frenchman. He adds, that twO: hundred and thirty Englifh periihed. His account of the number of the enemy is moft to be depended upon ; and our account of the lofs we fuflained. Madockewando, a Penobfcot, who was the head of the party, went with the body of his countrymen to Quebec, and prefented the fcalps to Frontenac, the governor of Canada.f We hear nothing of prlfoners. Toxus, the Norridgewock chief, with about forty of that tribe, marched along towards Merrimack-river. In their way, after an unfuccefsful at- tempt upon the houfe of one Blackford, they murdered Mrs. Cutt, the widow of prefident Cutt, and three of her people, at her farm houfe. Having croiTed Merrimack^ on the 27th of July they fell upon Groton, about forty miles from Bofton. They were repulfed at Lakin's gar- xifon houfe, but fell upon other houfes, where toe people were off their guard, and killed and carried away from, the vicinity about forty perfons. Toxus's two nephews were killed by his fide, and he had a dozen bullets through his blanket, according to Charlevoix, who adds, that he carried the fort or garrifon and then went to make fpoil at the gates of Boilon j in both which fa(5s the French, account is erroneous. In Auguft, fome (Iragglers killed ten or eleven perfons at Spruce-creek and other parts of Kittery, and knocked in the head, fcalped and left for dead a little girl named Downing, about feven years old, who was found alive the next morning, and lived many years afterwards ; and Sep- tember the 4th, Jofeph Pike, a deputy-lheriff, and another perfon with him, were ihot down between Almfbury and Haverhill. After all thefe outrages, Bomazeen, a noted Norridge- wock chief, one who had figned the treaty at Pemaquid, and yet was afterwards a principal adlor in the carnage upon the Englifh, came flraight to Pemaquid with a flag of truce, pretending he came from Canada with feveral more who were in company with him, and that he was very forry * Norridgewocks, f Charlevoix, lib. 15, 694.] MASSACHUSETTS. 81 forry for what had happened.* The commanding officer at the fort confidered them as rebels, and fent them to Bofton, after a promife or encoura<]^ement given them of fafety. The French called this Enghfh treachery.t The governinent of MalTachufetts fuppoied, that for their per-i fidy they were to be treated as land-pirates and murderers. Be it fo, yet the public faith given to them is not to be violated. This is one of thoib actions which have caufed the Englifh to be charged with injuring the Indians and provoking them to all the cruelties which have been com- mitted, as a jull return. I do not undertake to juflify it ; but think, that inftead of imprifoning Bomazeen and the reft for feveral months at Boilon, they ought to have been fet at liberty, whether we confider the atfair in a moral or political view. I know of no other adion of this fort which can be juftly charged upon the government. j We fhall * " November 19, Bomazeen, with ten or a dozen Indians, called over the bar-^ bican, defiling to fpcakwith Capt. March, and fet up a flag, by which they did im^ plicitly own themfclves enemies and breakers of the peace. We did not put out ours until an hour or two after theirs ; would have perfuaded them there was no reafon for it ; that flags were ufed between enemies in time of war, not friends in time of peace : minding them of the late agreement at Pemaquid ; but they called carncft, ly for it. We refolved to feize Bomazeen at any, rate, except pofitive violation of promife. We made no other promife before he came over but that he fliould be welcome, we fhoiild be glad of his company, wou.id treat him kindly, and do hinx no hurt. After he was feized, we told him the fame, and obferved it pundually, fo long as he ftaid here ; but withal told him we muft know who did the mlfchicf at Oyfler-river and Groton, &c. of which they made themfelves ignorant ; why th© peace was fo fcon broken and by whom ; that they muft go to Bofton and abide there till Sheepfcote John was fent to fetch in the other Sagamores, and then they ihould come again with fome of the Englifh to treat, &c. We thought it not un- lav/ful, nor culpable to apprehend fuch perfidious villains and traitors (tho;;gh under a white rag) that have fo often falfified their promife to the Englilh, viz. at Coche- co, at Cafco fort, at Oyfter-river and other places ; that make no confcience of break- ing the peace whenever it fcrves their turn, although never fo fclemnly confirmed with fubfcriptions and oaths. They have no regard to the law of nations, and therefore deferve no human refped. Eelides, we are credibly informed, they came with a certain defign to betray their maiefties' fort here, under pretence of trade, friendfhip, &c. and fo they are fallen into a pit of their own digging. Neither did we aim at any thing more than their detainment as prifoners, fuppofing fome advantage might accrue to the peer captives, if not the country thereby. If your honours judge it not fairly done, they are now in your hands to difpofe of and deal with them as may be for their majefties' honour, and as the circumftances of the cafe re- c^uire." LetL-r from Jn Flke to go-j. 13* coi^ic'U, Pemaq. 7 °fuii. 1 694. f Cliarlevoix. \ Mention is made of a defcendant of D'Aulney, governor of Acady, who fcat^ t^ed a mungrel breed in tb.at part of the country, and feveral others coming in tA Saco, at the fame time Bomazeen came to Pemaquid, and, Charlevoix fays, they were all killed j but I can find nothing of i: in any lin^liih accounts cr papers. 8a THE HISTORY OF [Chap. I. iliall be obliged to relate more unjullifiable adions of fome particular inhabitants. Sir William PHips, upon his arrival in London, was fu- ed, by Dudley and Brenton, in anions of twenty thoufand pounds damage. Sir Henry Afliurfl bailed him. What were the grounds of Dudley's adion does not appear. Sir William urged in his defence againfl Brenton, that there was no cuilom-houfe eflablifhed in the plantations by zCz of parliament, and that Brenton had no authority to compel mailers to enter and clear with him, the navaU officer, then known and eftablifhed by ad of parliament, being the only proper officer for that purpofe. Captain Short exhibited no articles in form. Sir Wil- liam's friends in New-England fuppofed his affairs in En- gland would have been all accommodated, and that he would have returned in a fhort time to his government, if death had not prevented. He laid his arrefl fo much to heart, that it was fuppofed to have brought upon him or increafed the ficknefs of which he died the i8th of February, 1694-5. After Mr. Mather and the other agents w^ho folicited the fettiement of the government left England, Sir Henry Allnirll alone appeared as agent. In 1693, Conflantine Phips (afterwards lord chancellor of Ireland) was joined with Aihurfl, and .both inflru(Sted by the general court. They v/ere both of them friendly to Sir WilHam. Mr. Dudley had been making friends, with a view to fupplant the governor while he was living ; and, upon his death, folicited for the government with freffi vigour and application,* Without lofmg his old friends, he fuccefs- fully * " Mr. D tliought himrdf as fure of being governor, as you are of my friend-i ihip. He had laid it with the D. of Leeds, Sidney, Blathwait and my lord Cutts, who hath made Portland entirely for him, and the matter fettled, and poor Sir Wil- liam Phips arrefled in an a6lion of ^^.20,000, by Mr, D's and Mr. B's affidavits, for which I was bail. I h^xc been oppofaig your grand enemies, who have got all thofe letters to recommend him from your miniflcrs. I hope he will trouble you no more. The reverfmg of Ijcifler's attainder hath I hope a train of good confe- quences. I ihall never do Nev/-England fo much good as by getting this bill pafTed. I hope the door Is nailed againfl him, and you will have the earl of Bellamont gover- nor. I could not believe what Sir Wiliiaj-n Phips told me of Mr. Stoughton and Mr, Addington. I perceive I had wrong notions of things." Sir H. Afourjl's lett. t9 Mather, May 5, 1 695. "I drev/ a bill for reverfing the attainder of Capt. Leifler, Mr. Milburn and Mr. Govcnieur, which palled the lords without oppoiition ; but when it came to the common! 1694.] MASSACHUSETTS. S^ fully applied hlmfelf to bring over fome who had been his violent entniies. He recovered the favour of many of the niinifters in New-England, and recommended himfelf, by a grave ferlous deportment, to the dilfenters in En- gland ; whilft, at the fame time, by his good fenfe and po- lite behavipur, he acquired the notice and efleem of many confiderable perfons at court. His income was very mod- erate ; and yet, with economy, he made a decent appear- ance in England, and gave feveral of his children educa- tion there, whilfl: the reft of his family was fupported by him in New-England. A vacant government had divers candidates, but it looks as if he would have carried it from the reft, if it had not been for the oppofition made by the two agents for the province, Afhurft and Phips, who were obliged to urge againft him the fliare he bore in the trial and condemnation of Leiller, at New- York ; and for the fake of laying open that affair to the prejudice of Dudley, they both of them promoted a bill in the houfe of com- mons, of which Afliurft was a member, for reverfmg Leif- ler's attainder. Mr. Dudley could ftand it no longer, and withdrew his folicitations for that time ; and foon af- ter, by the intereft of lord Cutts, obtained the place of lieutenant-governor of the Ifle of Wight, of which his lordfliip was then governor^ From that time, lord Bella- mont was looked upon as the governor of Maffachufetts, although he was not adlually appointed until the next year. The 'dCts of trade had been very little regarded in any of the colonies. Buccaniers or pirates, who in times of peace made their depredations upon Spanifti fliips and fet- tlements in America, were very numerous. They brought their plunder chiefly to New- York, and fome to other colonies. With a view to put a ftop to thefe mifchiefs, the earl of Bellamont was pitched upon as the moft proper perfoa commons, Dudley, having notice of It, made all the oppofition to It imag:Inable, which was the thing wc dcfired ; for by that means, we had f.-veral hearings before a full committee of the commons, and had the opportunity of giving a full account of thofc proceedings, and letting the world fee how great a part he adted in that tragedy. Since that, he is not fo much as talked of to be governor, but the three competitors are, the earl of Bellamont, major Bremin and colonel Layton, and I beUeve ray lord Bellamont is the moil hkcly to have it." Coi^fi. Phips to I. M. il% j, 1695. S4 THE HISTORY OF [Chap. L perfon for the government of New- York,* and, probably, to make the appointment worth accepting, as well as to render the other pm*pofes more effeas yd, inftead of />as e/itorr, and many like e)fprefliou8. 94 THE HISTORY OF [Chap. 1. Fione of them upon any occafion ever paffing fo far as New- England. Their fate at lad was hard and pitiable. But to return to our flory. Church left Chigned:o the 2oth of September, and flood with his tranfports for the river St. John's, and landed his men, not without fomc oppofition, upon the eaft fide. He took feveral prifoners, interrupted the building of a new fort at the mouth of the river, and dellroyed the materials they had prepared for it ; brought away twelve of their cannon and what plunder he met with. Being informed there was not depth of water in the river for his veflels, he made no attempt to go up to Villebon*s fort, but departed for Bofton, in- tending to touch at all the harbours and rivers upon the eaftefn coafl, in his way. Mr. Stoughton, having much at heart the removal of Viliebon from St. John's, ordered the Arundel, captain Kiggins,* who returned to Boflon the beginning of Sep- tember J the province galley, captain Southack, and a tranfport floop, captain AIden,t to go out and meet Church v/ith his forces, and attempt to drive Viliebon from his fort. A reinforcement for the land forces was fent in the tranfport, and the command of the whole given to colo- nel Hawthorn, of Salem, one of the council. This was an impoHtic meafure, unlefs any mifconduft. in Church made it neceifary that he fhould be fuperfeded ; and it is. evident, by his own account, that he was not a little mor- tified ; and although he fubmitted, it was with reluctance, and every thing went on heavily. The men alfo, having their faces towards home, were loth to turn back, but were obliged to it ; being met by the iliips not far from the river. Viliebon had timely notice of the return and reinforcement, and made the beft preparations he could for his defence. Four of the fmall veffels went up the river, and landed their men near the fort, Odlober the jzth. They raifed a battery for two field-pieces, and be- gan to fire with them and with their mufketry the fame day ; and the French made return. When night came on, which proved very cold, the Englifli lighted their fires to * Charlevoix calls him Sikik. f The fame who was imprifoned for witchcraftj when Hawthorn the colonel had been one who examined hiin. 1696.] MASSACHUSETTS. $5 to keep them from perifliing. This made them a mark for the French cannox^, which difturbed them to that de- gree, that they were obliged to put out their fires and to be expofed all night to the inclemency of the weather. They were foon difcouraged, for the next night they re- embarked ; and having joined thofe at the mouth of the river, made the bed of their way to Bofton. No notice was taken of any lofs on either fide, except the burning a few of the enemy's houfes ; nor is any fufficient reafoii given for relinquifliing the defign fo fuddenly. It is prob- able that the forces v/ere not provided with tents nor cloathing fufficient to defend them from the cold, which they had reafon to expe6t to increafe every day, and it is certain the old colonel Church v/as offended at being fu- perfeded in command. Whilft the forces which ufed to be employed for the defence of the frontiers were upon other fervice, the in- habitants kept clofe confined to their garrifons and were hindered from their labour, the Indians being upon the ■watch in every quarter, and now and then would feize or ihoot down a man who ventured to ftep out of his door. Befides thofe mentioned, in the beginning of fummer. Major Froft and his wife were killed at Berwick, as they were returning from meeting ; and two men, who went to carry the news to the garrifon at Wells, were ambuili- ed and flain. In O^lober, four foldiers were killed, be- longing to the fort at Saco. A late author fays, " a dread- ful defolation was threatened, and more for want of man- agement than power ;"* but this is not fo judicious as fome others of this author's refle<3tions. The fettlement of a nev/ country could never be effecied, if the inhabit- ants fliould confine themfelves to cities or walled towns. A frontier there mufc be, and nothing lefs than making every houfe a fort, and furnifhing every traveller with a flrong guard, could have been an effedual fecurity againfl an enemy, as greedy after their prey as a wolf, and to w^hom the woods were equally natural and familiar. An expedition againft Canada had been folicited every year fmce 1692. This year there was a more than ordi- nary * Difcovcry and fettlement of the Engllfli in N. America, in Harris's collection. 96 THE HISTORY OF [Chap. L nary dependance upon it. The bad fuccefs of the war in Europe put an end to this dependance. Intimations were given, divers ways, of a French armament from Europe by fea, and land forces from Canada to make a defcent. upon the Englilh colonies. Apphcation had been made to the French king, by the governor of Canada, in the latter part of 1695, ^^^ ^^'^^ ^^ tv/elve men-of-war, to be fent the next fpring from feveral ports in France, to en- counter an Englifli fquadrcn, wiiich it was expeded would have been at fea about that time ; and, having conquered the Englifli fnips, then to go and take B.ofton, which was reprefented to be a place of great trade ; and if they could gain pofleflion of it, they would gain by that means the fole pofreilion of thehfliery.* Nothing more was intend- ed by the French court than the poiTeilion of Newfound^ land, and the removal of the Englifh from Acadie. Both thefe were eifefted : for after Iberville had taken the fort at Pemaquid, he went with the fhips to Newfoundland, and poffefted himfelf of St. John's and the other harbours there, and made a very fuccefsful expedition. This was not only a much eafier acquifition than Bofton would have been, to a flronger fquadron than Iberville's, although it was not then one fourth part fo well fortified as it is at this time ; but, by gaining all the ports in Newfoundland, the whole colony was gained ; whereas, the gaining of Boflon v/ould not ha.ve enabled them to have poliefTed even the reil of that province nor, without a very great land army, could they have held the pofTefTion of Bofton alone one winter, againft fo great a number of inhabitants as were then ia the province.! The * Charlevoix. •f The winter of 1696 was as cold as had been k»own from the flrft arrival of thft En^ailli ; flays and loaded fieds palTmg great part o£ the time upon the ice from Bof- ton as far as kantalket. Greater loffes in trade had never been known, than what were rnet with in this year ; nor v/as there, at any time after the firft year, fo great a- fcarcity of food ; nor was grain ever at a higher price. Lord Beilamont had been expedled for two years paft. His long delay occafion- ed feme doubt, whether he had not laid afide the defign ; but, in February 1696, Mr. Blalthwait writes, " You may be in expeAation, for^ie time this fummer, of my lord Bellamont, who is now in a way of receiving his difpatches for the government of New-England, and probably of New- York too, for the better uniting our flrength againft the French and Indians. In the mean time, I hope the colony of Maffachu- felts will take care to defend themfelves againft the further encroachments of the cnsray,and protsd tlicir neiglibours of J^evv-Hampfliire, for the common intereft.'' i6gy.y MASSACHUSETTS. 97 The lafl year of the war proved more alarming to the province than any of the preceding years. An iavafion was every day expected, for feveral weeks together ; and news was brought to Eofton, that a formidable French jfileet had been feen upon the coaft. It was indeed a very critical time, perhaps equal to that when the duke d'An- viile was with a fquadron at Chibuclou. The force un- der the duke was fuperior, but the province at that time wa3 in proportion (Ironger and better able to repel it. France expeded that a very llrong fquadron v/ould be, fent from England to recover the ports in Newfoundland, which Iberville had taken the lafc year. Great prepara- tions were therefore made, to defeat fuch fquadron, and, after that, or in cafe it lliould not proceed, then to lav wafle the Englifh colonies. Frontenac, the governor of Canada, upon whom great dependance had always deferv- edly been placed, had orders to raife fifteen hundred men, prepared to march upon fliort warning ; but, at this time, the fervice for which they were intended was not comma-, nicated. He made provifion accordingly, and they would, have been already upon eight days notice. The remem- brance of this danger is loll in New-England. « Charle- voix's account will be new to mod people. " The intend- ed expedition agalnft Bollon was very well concerted, and would not have failed, as all vv^hich preceded it had done, if it had been vigoroully purfued. The king had entrulU ed the command with the marquis of Nefmond, an officer of great reputation, and had appointed for the fervice ten men-of-war, a galliot, and two frigates. Bofiion was not the only object. He had orders to be ready to leave Bred, with part of the fquadron, by the 25th of April at farthell, in order to join the other part which lay at Rochel under commodore de Magnon ; and, v;ith all poffible difpatch, to proceed to Placentia-bay in Newfoundland, that he might be beforehand of the Englifli, who it was faid were deter- mined to recover all they had lo(l the year before in that illand, and to clear it entirely of the French. If he found Placentia befieged by the Englifh, he had orders to attack them ; if they fliould be gone before he arrived, he was to follow them and giv€ them battle, whether they had fuc- ceeded 9S THE HISTORY OF [Chap. I. ceeded or not. After their defeat, he was to fail for Pe- iiobfcot ; difpatching at the fame time a packet-boat to <>uebec,* to inform count Frontenac of his route, that fo that general might meet him at Penobfcot, with fifteen hundred men, which he was to have in readinefs. As foon as the jundion was made, and the troops embarked, the fleet, without iofs of time, was to go to Bofton, and, that town being taken, it was then to range the coail: to Pifcataqua ; dellroying the fettlem.ents as far into the country as they could, and fo etfedually as that it might take the Englilh a long time to re-ellablifli themfelves. If there fliould be time left for further acquifitions, the fleet was to go to New- York, and, having reduced that city, the French American troops were to march through that colony to Canada, laying the country wafte as they went along. The king had this expedition fo much at heart, that he had given permifTion to de Nefmond to ftrengthen his fleet with the addition of certain ihips, deflined for another expedition in Hudfon's-Bay, if he fhould happen 10 meet them at Placentia and think them neceffary." We flrall next fee, from the fame author, how this en- ferprize happened to fail of fuccefs. '' As the French court had not received the news of the fiegef of Naxoat (St, John's river) when the inftruc- tions were prepared, but it happened to be brought a fhort time after, upon de Nefmond's anchoring in Rochelle road, he found orders had been fent from court to meet him there, requiring him to give the chevaHer de Villebon all that aid both of men and ftores which fhould be necef- fary to maintain him in or reflore him to his poll. When de Nefmond came to Placentia, he found there a letter waiting for him from the count de Pontchartrain, giving him intelligence of eighteen Engiifii iliips, laden with fait and ready to fail from Lifbon, under convoy of a man-of- war ; which fliips were to be employed in the cod fifliery at Newfoundland ^ and he was required to do every thing in * This fccms to Lc ths greateft defedl In the plan. The time in pafling up the river St. Lawrence, embarking the troops, and coming down to Penobfcot, from the uncertainty of that navigation, might take up the greateil part of the fummer, and render the whole defign abortive. t By the Mitfiachufetts forces. 1697O MASSACHUSETTS. 99 in his power to prevent their efcaping him. T!ie count added further, that if he fliould be fo fortunate as to beat the Englifh fleet, which was expeded to be or have been at Newfoundland, then it ^as the king's pleafure that he fhould range the eaftern coafl of Nev/foundland, and take or burn all the Englifh fhipping he could meet with. But de Nefmond departed too late to carry fo many and fo great defigns into execution. EeHdes, meeting with con* trary winds, he had above two months palUige, not arriv- ing at Placentia until the 24th of July. There he heard no news of the Englifh fleet. He held a grand council of war, in order to determine whether immediately to proceed to Bofton or not. All the voices were in the negative, and for thefe reafons, — there was no aifurancc that it could be a prudent meafure, whilft they were wholly ignorant of the fituation and circumflances of the enemy ; more- over, let there be ever fo great difpatch in giving notice to count Frontenac, the Canada forces could not be at Penobfcot before the i oth of September ; and by that time the fleet would not have above fifty days provifions left, and would be in no capacity of undertaking any thing." It was known in New-England that a formidable French fleet was at no great diftance, and the approach of it was every day expeded. There Vv^ere no great hopes of an Englifh fleet to encounter it. The inhabitants were in great confl:ernation. The lieutenant-governor of Ivlalfa- chufetts made the befl preparations he could. The mili- tia, for feveral weeks, were held in readinefs to march to the fea-ports. The cafl:le at Eofton was then but an in- confiderable fortrefs. Such additions were made as the time would admit of; and, when the danger was over, many perfons exprefled themfelves, in the accounts they gave of it to their friends, as if they had no doubt that the fhips would have been ftopped from coming up to the town. It was expelled that a great body of French and Indians from Canada would fall upon the eafiern frontiers, when the French fleet was upon the fea coafl ; five hundred men were therefore railed, and fent under major March, for the defence of that part of the province. This lao THE HISTORY OF [Cha?. L This fcheme of the French, in all probability, faved the livcs'of many of our inhabitants. The greatefl part of the fummer, the flrength of Canada, which would have been employed for our annoyance, was kept in a ftate of inaclion, w^aiting for orders to move ; and until September we were quiet, both eaftward and w'eftward. A party of the enemy then fell upon Lancafter, and killed twenty or thirty perlbns, Mr. Whiting, the roinifter of the town, being one of them.* The next year, -they began early, and in February fur- prized Andover, about twenty-five miles from Bofton, where they killed feven of the inhabitants, and took others prifoners, and burned many houfes. Among the flain was Chubb, the captain of Pemaquid fort, who lived here with his family, in a place thought to be not expofed. His death afforded as much joy to the Indians as the de- ilrudlion of a whole town, becaufe they had taken their beloved vengeance of him for his perfidy and barbarity to their countrymen. Jt is not probable, that they had any * Governor Bradflreet died at Snlem March 27tli, 1697, aged 94 or 95. We ■h?:ve had frequent. occiifion to mention him, efpeciiilly in the lirit part of our hiftory, \vh°re he appears in the chnra-ilcr of an afuflant, fecretary, agent, commiiiioner for the United Colonies, and at length governor. He feems to have been of a moder- ate genius, fuch an one as we often fee by a long courfe of Iteady inofFenfive con-» du6it rife from flep to fi:ep, but at thofe intervals when there happens to he none more fhining or enterprizing to obflruit it. He was the y.onngeft of all the afiift- antswho came over v.-ith the ftrll- charter, but had been fenior afliftant many years ticfore he atlah:eu to the chair. At length, in the 76th year of his age, k fell to his lot. It is not improbable th«t fome, who would otherwife have beeji his com- petitors, acquiefced in his advancement from the fame ccnuderatioijs that the com- petitors in the conclave at Rome have often acquiefced in the choice of a very old cardinal to the popedom; Whe.n king Charles demanded a fur'render of the charter, he was for complying. The event proved it to be eafier to re-alFurae after a forced furrender than after a judgment sgainfl: it. The king had promifed lenity upon a compiiance, and threatened all feverity if the colony forced him to a judgm.ent againft them. This influenced Mr. BradHreet. He thought it w ifdom t.o fave part of the privileges of the colony rather than lofe the whole. Befides, it was fuhmitting to •the neceiTity of the times, fubuiittlng to a power they could not reHft. Some faid if judgment went againft them, one ti}ne or other it might be reverfed. He thought that dureffi per minas migllt be pleaded to avoid their own a6l, if ever a favourable opportunity fhould offer for it. He v/as reproached for his pufiUanimity. If he was upright, the cenfure of the oppofite party iliould not tranfmit reproach to pof- terity. The mofl: tenacious are not always mod virtuous : men will fometimes, ^urfuing popular meafures, run rifques in public affairs, which they would not think prudent in their private concerns. The reafon is obvious. Their particular fliarc in the public, if the event Ihould prove unfortunate, has not equal weight upon their tninds with the appiaufe which they are fure of, fuccecd or not, for fortitude and heroifra. Bad men in this way can oftentimes alfo gratify their private affcilioK-s, -•f envy, hatrsd, and defirc of revenge, at the public expenfe. i6gS.2 MASSACHUSETTS. tot any knowledge of the place of his abode, but they fell up-* on him by mere accident. Rapin, the EngiiCi hiftorian, would have pronounced fuch an event the immediate judgment of Heaven ; Voltaire that, in this place of, fiip- pofed fafcty, the man could not avoid his deiliny. Among the prifoners was colonel Bradftreet (who ablconded ia 1692, to fave himfelf from a profecution for witchcraft) and all his family. Fortunately for them, the Indians apprehended they were piirfued by a fuperior force, and fled, leaving their prifoners to efcape. Their terror mufl: have been great, feeing there was not dme to knock the prifoners on the head, according to the ufual pradice when purfued. The enemy, upon their return home, made fome fpoii upon the town of Haverhill. In March, another party came upon the fame town, burned nine houfes, and killed and took prifoners, in the whole, about forty perfons. There wps a woman (Hannah Duilan) a heroine, made prifoner at this time, whofe (lory, although repeatedly puLs^^imed, we cannot w^ell omit. She had lain in but a week, when the Indians attacked the houfe. Her hufband, with i^cven of his children made their efcape j but the v/ife, the nurfe ajid the young infant were feized* The Indians foon beat out the infant's brains againft a tree. The two women they made to travel with them twelve miles the firft night, and to continue travelling from day to day towards an^Indian town,* the fettlement of which, as the Indians faid, had been begun a little while before, about two hundred and fifty miles from HaverhiiL When they had travelled one hundred and fifty miles, the Indians told the women there was one ceremony which could not be difpenfed with upon their arrival. They mud be dripped, and run the gantlet through the village- this difcipline has been fometimes fo cruelly adminidered, that the poor captives have funk under it. The women had been afPigned as fervants to an Indian familyf confid- ing of two men, three women, and fevei-t children, belides - * The diftance woiiM agree v/cll enough with St. Francis or Becancour ; but Charlevoix fays, this fettlement began fix or fevcn years later, in 1 704. f It was the pradlice of the Indians, after they had fell iipon the'Entrlir.i and wert OHt of danger, to divide into fmull parties or fmg^^le families, and difperi'e for the fai.; •f mare advantageous hunting ia their retuin. 102 THE HISTORY OF [Chap. I. an Englifh boy, who had been piifoner a year and an half. The terror of the Indian gantiet feems to have infpired Duflan with refolution, and (ht prevailed upon the nurfe and the Englifh boy to join with her in the deftrudion of the Indian family. The Indians kept no watch. The boy had been with them fo ionr, as to be confidered as one of their own children. From women, ordinarily, at- tempts of this fort are not to be expected. In the morn- ing, a little before day, Duflan arofe, and, finding the whole company in a found lleep, calls upon her con- federates to join with her, and with the Indian hatchets they filenced fuch as they began with, and yet took care not to make fo much noife as to awaken the reft ; and in this manner they difpatched the whole family, except a favorite boy, vvhom they defignedly left, and an old wo- man they fuppofed they had killed, but who jumped up, and with the boy made their efcape. They took off the fcalps from ten, to bring home with them. Their danger was great from the enemy and from famine, in travelHng home above an hundred miles, through thick woods and acrofs mountains and rivers ; but they arrived fafe with their trophies. They received a reward of fifty pounds from the general court, and many prefents from their neighbours ; and colonel Nicholfon fent them a valuable prefent from Maryland,* the fam.e of fo uncommon an action having foon fpread througv the continent. The lieutenant-governor, Stoughton, had held the reins four years, and had kept free from controverfy with the other branches of the legiflature. The defence of the province, by fea and land, was enough to employ the at- tention of the public. Internal difputes and controverfies in States are, ordinarily, moll effedually avoided or fuf- pended by imminent external dangers. Befides, Mr. Stoughton now flood fo well in the efteem of the people, that they chofe him, at every eledion, one of the council, although at the fame time he was commander in chief. Before the year expired, a new governor might arrive, in which cafe he would take his place as a counfelior. Sheriffs in England are named or remain in commiflion for * Nicholfon was then governor of Maryland, 1698.] MASSACHUSETTS. 103 for the peace during their fhrievalty, although the ex- ercife of their authority, as juftices, is fufpcnded for fuch time. The earl of Bellamont embarked on board one of his majefty's fhips early in the fall. The merchant veifels, which failed at the fame time for Bofton, all arrived fafe with fliort paifages ; but the man-of-war was blown off to Barbadoes, and there wintered, not arriving at New- York until fome time in May. Immediately upon the advice of his lordfhip's arrival, a committee was fent v/ith congratulations from MalFachufttts ; and, during his refidence at New- York, he was frequently confulted, and all matters of importance were communicated to him, and his advice or directions were generally follow- ed ; but the adminillration of all a6ts of government were in the name of the lieutenant-governor, as commander in chief. The party difputes, which ran high at New- York, and detained his lordfhip there about a year, do iiot come within our defign. In general we may obferve that he countenanced the Leiflerians.* This, together with the interell which had been made for Mr. Dudley in England in oppofition to his lordfhip, feems to have prej- udiced him in favour of all Dudley's enemies in New- England. Whilfl he was at New- York, he kept a con- ftant correfpondence with Mr. Cooke, one of the coun- cil for MafTachufctts, who was a principal man of that party ; and feems to have placed more confidence in him than in Mr. Stoughton, who ever remained, in his heart, attached to the Dudley party. The peace of Ryfwick was proclaimed in Bodon De- cember the 10th, 1697. '^^^ ^^'"'^ ^^'^^^ ^^^ Indians did not immediately ceafe. The beginning of the next year they fhewed themfelves at Kittery, where they killed an old man ; and at the fame time they carried away three perfons from York- In July, they appeared upon the weft- ern frontier, and took three or four prifoners at Hatneld: but the French no longer daring to atibrd them adiilance, they fpent the refl of the year in contriving a peace- Upoft • His lordfliip was one of the committee of parliament to inquire into the triuls ©f Leifler and Milbournc, and told Sir Henry Afiiuril ikaii aiC4 wc/c muxd«irud. and barbareuily murdered. i04 THE HISTORY OF [Chap. L Upon intimations given by the Indians to any of the forts or out-po(ls that they are difpofed to peace, the Englifli are very jeady to embrace the offer. The prin- cipal objed: is the recovery of the captives, which at the end of the war have generally been numerous. In Oc- tober, major Con vers and captain Akien \vere fent to •Penobicot to fettle preliminaries, one of which was to be the releafe of all priibners, but no more could be obtain- ed on this head than a promife to return all fuch as defir- ed it ; the Indians refufed to com.pel any v/ho inclined to remain wfth them. In the winter, John ThiUips, efquire, of the council, with major Convers, and Cyprian Souths ack, commander of the province galley, Vv^ent with full powers to conclude a treaty. The Indians are not very nice in acknowledging their perfidy in fuch terms as the Engliili prepare for them, and make fuch fubmiffiohs and promifes ot future fidelity as are defired. The treaty was in the fame terms with that in 1693. Several captives w^cre reiLored, and others were promJfed in the fpring ; but many remained, males and females, who mingled with Indians and contributed to a fuccefhon of favages to exercife cruelties upon the Engliili frontiers, in future wars, and perhaps upon fome of their own relations. The leaving bounds to be fettled between the Englifli and French, upon the continent, by commilTaries, and the ambiguous terms made ufe of in treaties (perhaps artfully introduced by the French) have been the caufes of new difputes between the two crowns ; and, in one inflance at leaft, have very foon brought on a new war.* The peace of Ryfwick was fcarcely proclaimed in New- England, Vvdien the inhabitants were made fenfible of the defigns of the French to make themfelves fole proprietors of the filhery, and to reftrain the Enghfli from the poflef- fion of any part of the country contained in the Maifachu- fetts charter to the eaflward of Kennebeck. It was un- derflood by the Englilh court, that, by the treaty 6f Ryfwick, ail the country weftward of Saint Croix was to remain to the Englifh, as being within the bounds of the province of Maffachufetts. The French court, immedi- ately * After the treaty of Ak la Chapelle in 1 748, t698.] MASSACHUSETTS. 105 ately after the treaty, alTerted an exclufive right to the iifhery upon the fea-ooafts, and to all the inland country.* A French man-of-war, bound from France to Port-royal, met one of our fifhfng veffels off Cape-Sables, fent for the fkipper to come on board, and caufed to be tranflated and, read to him in Englilh an order of the French king for feizing all Englifh veffels found fifliing on the coafls, and told him to give notice of this order to all other vef^ fels. Villebon, governor of St. John's river, writes fooii after to Mr. Stoughton, that he had orders from the French king his mailer to take poffeffion of and defend the whole country as far as Kennebeck.f The Norridgewock Indians, this year alfo, built a church at their chief fettlemcnt upon Kennebeck river, \vhich was complained of by the Maffachufetts government as a French encroachment ; but I know not for what rea- fon, except their having a Frenchman for their priefl caa be thought one. Reprefentations were made to the the miniffry, and the right of the Engliffi to the eafliern country as far as St. Croix was infifted upon. The lords of trade write thus to the earl of Bellamont : " As to the boundaries, v/e have always infifted and fhall infift upon the Engliffi right as far as the river St. Croix ; but in the mean while, in relation to the encroachments of the French and their building a church on Kennebeck river, that feems to us a very proper occafion for your lordffiip's urging the general affembly of Maffachufetts to rebuild the fort at Pemaquid, which they * Acadle has 'been ftretched and contraited at different times, as the French foun4 it to ferve their intereft. t " I am exprefsly ordered by his majefty to maintain the bounds between New- England and us, which are from the head of Kennebeck river unto its mouth, leaving the courfe of the river free unto both nations, and I expc6l that you will no longer confider the Indians inhabiting there as your fubjc6ts. I am informed that you have divers filhemien on our coafts, and that you permit your people to trade in the French ports. You may well cxpcft, Sir, that I Ihall feize all the Englifli who fliall be found fifhing or trading ; for you cannot be ignorant, that it is plainly prohibit- ed by the treaty between the two crowns, which you yourfelf font to me. Monf. de Bonaventure, commander of the Envicux, has alio lent you fome of your fifliing veffels, which he had taken, and acquainted you, that if they r^itumcd, cither fgr fiftiing or trading, he v/ould make prize of ttcm.**' Fillebons letttr^ Sip. <, 1698. Vol. IL H i6i THE HISTaRY OF [Chap. E they ought to have done long ago, and thereby they might have prevented this and many other inconveniences."* The French perfifted in their moleftations of the En- glifli hfhermen, and there feems to have been no great concern about it in the Englilh miniftry ; other greater affairs, in difference between the two crowns, engaged the attention, and brought on a new v/ar ; and it was well they did, for it looks very probable that this difpute about the fiffiery would not have made a breach, but if peace had continued, the French would have excluded the En» glilh, and this, valuable branch once loll might never have been recovered.. King James, always under the influence of France, had relinquifiied his right to Acadie, or Nova Scotia ; and, al- though his governor (Andros) for the fnort time the king remained afterwards upon the throne, retained the poffef- fion of Pemaquld, and challenged a right to St. Croix ; and although the friendlhip between the two m^onarchs might prevent any feverity upon the Englifh fiffiermen, yet the French infifted upon their right both to the coun- try and coafts. The war upon the revolution fufpended the difpute about title. At the treaty of Ryfwick, En- gland was not difpofed to urge any points which would re- tard the peace, and the French immediately after renewed^ the fame claim they had made under king James. Lord Bellamcnt arrived at Bofton from New- York May 26th, 1699. A nobleman at the head of the gov- ernment, was a new thing. All ranks of people exerted themfelves to fliew him refpecl, and the appearance was fo pompous, that his lordlliip thought it gave him- good rea- fon to exped a very honourable fupport from a province- fo well flocked with inhabitants, and in a ftate of fo much affluence. He took every method to ingratiate himfelf with the people. He was condefcending, affable and courteous upon all occafions. He profeffed to be of the mofl moderate principles, in rehgion and government ; although a churchman, yet far from high church, and. he * Oiftoter 30, 1 700. 1^99.] MASSACHUSETTS. 107 he attended the weekly le£lure at Boflon* with great rev- erence, and profefTed great regard and efleem for the preachers. He avoided all unneceflary tontefls with pri- vate perfons or with either branch of the legiflature. His inchnation led him to Mr. Dudley's enemies, but he did not neglect thofe who were friendly and attached to him. There was perfect harmony in the General Court whiHl he prefided. There was fomething fmgular and unparlia- mentary in his form of proceeding in council ; for he con- fidered himfelf as at the head of the board in their legifla- tive as well as executive capacity. He concerned himfelf in all their debates ;t propofed all bufmefs, and frequent- ly recommended to them to refolve into a committee upon, bills or claufes in bills ; and then, as the entries (land, he left the chair, and the committee (being ready to re- port) reafiumed : nor did he think it proper they fliould ad: as a houfe of parliament in his abfence ; but when detained at home, by meffages from time to time, direded their going into a committee and preparing bufmefs- againfl fuch time as he fhould be able to attend. This was guiding them in all their debates and refolves, as far as his influence would extend, which was not a little way ; and yet afterwards, as a feparate branch, he had his nega- tive upon ail their proceedings which were not according to his mind. This irregularity does not feem to be the mere effed of his lordlhip's authority and influence over the council. * The Grneral Court in that day ab.vays adjourned to attend the Icdnre. An anecdote or f.vo, or what the French call perfunaliter., will give us an idea of feme -parts of his lordfliip's characfler. The precife part of the country, however trcafted with refpedt in public, were not mofh agreeable for private company and more inti- mate acquaintance. Among the more liberal was one Bullivant, an apothecary, who had been a juftlce of peace under Andros. Lord Beliamont, going from the ledure to his houfe, with a great crowd round him, paffed by Bullivant Handing at his fhop door, loitering ; " DoBor^'' fays his lordfhip \'\'ith an audible voice, " yow bavt Icjl a precious fcrmon to day.''^ Bullivant whifpcred to one of his companions who ftood by him, " If I could have got as much iy being there as his lordjhip ivill,J ivould have been, there too.''^ A fpeech of his to his lady, when his table was filled with reprcfentatives from the country towns, is yet remembered: — "^Dame^-wejkotdd tr:at ihefj gentlemen ivell ; they give tis our bread" f Henry IV. fat in the houfe of lords in De la Pole's c^fe ; hut the lords proteftcd againfl the king's interpofmg in their rights and privileges. In the reign of his prc- deceflbr, Richard II. the houfes of parliament had rcfolved that the king has the ap- pointing what matters fhall be firfl handled in parliament, and, alter that, what next, and fo CB to the end of the feflion. Ha loS THE HISTORY OF CChAp. 1 council. The conflitutlon under the new charter was not fettled. They came off by degrees from their pradicc under the old charter. The governor, created by the peo- ple, ufed then to vote with the airilfcants ; and although- he had no negative, yet Be had a calling voice.* Lord Bellamont finding this t» have been the praftice, and, confidering how much it increaied his fliare in all afts of government, might be difpofed to retain it. Experience taught, v/hat was not at hrfl conceived, the great differ- ence between the privilege of propofiilg or originating and that of rejecting. In fome fucceeding adminiflrations, it has given caufe ci exception and complaint when the gov- ernor has interedcd himfelf in the debates of the council^ l?o influence their determinations and abridge them of that freedom: to which they are equally entitled with the other branches of the legillature. He was the firfl governor who imitated the lord-lie-^tenant of Ireland, in forma! fpeeches, as the king's reprefentative, to the two houfes Cfi parliament, copies of v/hich were delivered to the fpeak- er and afterwards printed- Extratls from one or two fhew they vv'ere calculated ad captanditnu The unfavourable fentiments of the inhabitants in general of the reign of ithe Stuarts were well knov/n to him ^ no fubject could be more engaging than a cenfure upon that family. He concludes his hrft fpeechy which is a very long one, in this manner. " I fhould be wanting to you and myfelf too, if I did not put you in mind of the indifpenfable du- ty and refpeft v^e owe the king, for being the glorious in- Ifrument of our deliverance from the odious fetters and chains of popery and tyranny, which has almofl over- whelmed our Gonfciences,and fubverted all our civil rights* There is fomething that is godlike in what the king hath done for us. The works of redemption and prefervation come next to that of creation. I would not be mifunder- ftood, fo as to be thought to rob God of the glory of that Itupendous ad of his providence, in bringing to pafs the late happy and wonderful revolution in England. His blefled * While Mr. Stoughton was commander in chief, he had always been chofen of the council ; it can fcarcely be fuppofed that he gave his voice as one of the cQUHcilj in. leaiilative- matters. j59<).] MASSACHUSETTS. 109 • bleiTed work it was, without doubt, and he was pleafed t® jniake king William immediately the author and inftru- ment of it. Ever fmce the year 1602, England has had a fucceflion of kings, who have been aliens in this refpecl, that they hav^e not fought our battles nor been in our in- terefls, but have been in an unnatural manner plotting and contriving to undermine and fubvert our religion, laws and liberties, till God was pleafed, by his infmite. pow- er and mercy and goodnefs, to give us a true Engiilli king, in the perfon of his prefent majefty, ivho has apon all occa- fions hazarded his royal perfon in the fronts of our battles and where there was moO: danger- He has reflored to our nation the almofl: loft charadcr of bravery and valour ; and, what is moft valuable of all, his majeily is entirely in the intereft of his people. It is therefore our duty and in- tereft to pray to God, in the moft fervent manner, that he would blefs our great king William with a long and prof- perous reign over us, to which I am perfuaded, you that are prefent and all good people will heartily fay amen.'* His laft fpeech had expreftions, ftrong enough, upon the fame ftrain. " The parting with Canada to the French and the eaftern country called Acadie, or Nova-Scotia, with the noble filhery on that coaft, were moft execrable treacheries to England, and intended, without doubt, to ferve the ends of popery. It is too well knov/n, what in- tereft that kiug favoured, who parted with Nova-Scotia, and of what religion he died." By avoiding offence to particular perfons, and by a gen- eral conformity to the caft or prevailing difpofition of the people, his lordftiip obtained a larger fum, as a falary and gratuity, not only than any of his predeceftbrs, but alfo than any who fucceeded him, when the inhabitants weie more numerous and more opulent, and money, compared with the neceifaries of life, had become lefs valuable ; for he remained but fourteen months in the province, and the grants made by the General Court amounted to ^.2500 lawful money, or ^T. 18 75 fterling. His time was much taken up in fecuring the pirates and their efFefts, which we have obferved was a great induce- ment with the king to fend him to America. Before his arrival no THE HISTORY OF [Chap. L arrival In Boflon, feveral fufpeded perfons had been feiz- ed. After thirty or forty years indulgence, there fue- ceeded a general abhorrence of buccaniering, and the buc- caniers or freebooters were hunted from one colony to another. A large fum of money was feized in the poffef- fion of one Smith, part of it foreign coins and the impref- fions unintelligible ; and he was brought upon trial, but the evidence produced being infufficient to fatisfy the jury^ he was acquitted. About the fame tim.e, one Bradifh was apprehended* He had been boatfwain's mate of a Ihip fitted out by mer- chants and tradefmen of London to India, in the inter- loping trade. The crew turned pirates ; and, having left the mafler afhore at Polonais, gave the command to Bradifh. They came to America, and lodged large fums of money and goods with perfons upon Long-Ifland and other places within and near to the government of New- York, and then difperfed ; fome to Connedicut, others to MafTachufetts, where Bradifh was taken and others of his crew, and fent to England. The vigilance ufed in pur- uiing and apprehending them, appears from the account Mr. Stoughton tranfmitted to the fecretary of flate.* But Kidd * " I have further to obferve unto your honour that, about the 19th of March lail paft, there arrived at the eaft end of Long-Ifland, in the province of New- York, the ihip or hack-boat named the Adventure, of London, burthen about three hundred and fifty tons, mounted with twenty-two guns, Thomas Gullock late commander ; which fhip failed from Gravefend the i6th day of March, 1697-8, bound to the Ifland of Borneo in India, upon an interloping trade ; being fet forth by captain Henry Tate and captain Hammond, who kept a brew-houfe in Thames-fbreet, and Mr. Samuel Shephard and the Heathcoats, merchants in London. Having proceed- ed fo far onward of the voyage as Polonais, they there flopped to water ; and the faid commander, with feveral of the ofiicers, mariners and fome paffengers being on iliore upon the faid ifland, and the boatfvvain gone on board with water, the reft of the fliip's company combined and confpired together to leave the faid commander and others v/ith him on ihore upon the faid ifland, and to run away with the fliip and lading ; which they accordingly put in execution, on the 17th day of Septem- ber lafl: paft, cut the cables and brought the fliip to fail, offering the yawl to fome of the company that refufed to join with them in the faid piracy, to tranfport them to the fliore ; which they accepted of, and feveral went off in her to the faid ifiand : tlie furgeon's mute and two other youths they forced to ftay in the fhip : the chief mate alfo, v/ith the boatfvvain and armourer, not confenting unto the faid villan- ous ad, but unwilling to go afliore at the aforefaid ifland, they gave the long-boat unto them with neccflary provifions, <5cc. three days after, being then about twenty leagues from the land, in which they went off from the filip ; the remainder of /the company on board, being five or fix and twenty m number, made choice of or«e Jofcph Bradifh. the boatiVaiii's matCj to be their corximander, 'whom they preferred fe? i599.] MASSACHUSETTS, iii Kidd was his lordfhlp's chief object. His own reputation and that of feveral of his friends depended upon his fei- zure, being the only elFedual way of removing the jeal- oufies and unjuft furmifes, not only againft feveral of the miniftry, but even againil the king himfelf. In order to fupprefs the piracies committed by Englifli fubjecls in India, &c. it was thought proper to fit out a (liip for that fpecial purpofe. Lord Rumney, Sommers and others, became adventurers, to the amount of fix thoufand pounds fterhng, and a grant was made to them of all captures, faving one tenth only referved to the king. Lord BeU lamont for liis flcill in navigation, and dirr eled tlieir courfe for Mauritius, where they fitted the (hip, took in fome frcfh provifions and two young gentlemen named Charles Seymour and John Power, who, being on a voyajj^e for India, in a fliip under die command of one captain Pye, were unhappily left behind on the faid ifland ; and from Mauritius they came about Cape bon Efpcrance and in fome fliort time after made a fharing of the money on board, which was contained in nine chefl^, flowed in the bread-room, and fet forth three or four and twenty fingle fhares, befides the captain's which was two fhares and a half. In weigiiing out the money, fome re- ceived fifteen others fixteen hundred dollars for a Cngle fhare. Tiiey afterwards made a fecond fharing of broadcloths, ferges, fcuffs and other goods on board. They ftop- pedat the ifland of Afcenfion, took ferae turtle and frefh provifions there, and thence diredled their courfe for this continent and arrived as aforefaid at Long-If.and, whfr; the faid captain Bradifh went on fhore, carried the moil of his money and fome rin-- j and jewels with him ; committed them to the care of a gentleman on faid iCund • fent a pilot on board to remove the fliip and bring her to an iHand called Gardner's- Ifland ; hut the wind not favouring them, ran over to Block-Ifland within Rhode- Ifland government ; from whence they lent two of the company to faid Pvhode-Ifland to buy a floop, but the government there, having notice that a fiiip was hnverinjf about thofe parts, fufpeded to be a pirate, feized on the faid two men and detained them ; the intelligence whereof being carried to the fhip, and fome floops bein^ dtfcried coming from faid Ifland towards the fhip, th^ company, fearing that they were manned out from thence to feize them, fortliwith came to fail and flood off t» fea ward; the floops following, came up with them,' and being informed what the floops were, permitted them to come on board and bought one of the floops and hired another to tranfport them and their money, allowing the floops' men to take ■what they pleafed out of the fhip and gat on fhr^re, fome in one place and fome in another ; landing at farm, houfe^, where they provided themfelves with horfes, and fcattered into divers parts of the country ; the aiptain, and fome other? with liim, coming into this province ; upon the firfi intelligence whereof, a proclamation was ifTued, and hue and cries fent through the province and into the neighbouring gov- ernments to purfue and feize all fuch of them as could be found, with their trcaf- ure. The captain with ten more of the company are apprehended and in cuflody here in order to a trial, who upon examination feverally confefled the particulars before recited ; and a ccnfiderable quantity of money, to the value of near three thoufand pounds, with feveral goods and merchandizes taken out of the faid fh-p are fcized. Seven or eight more arc apprehended within Connedicut gnvernment, and purfuit is making after the refl. ^ The juflices of the peace and other ofhcerg', in their refpeiftive flations, have been very vigorous in the profecution of thefe vil- lains, and the people in general have iull refentment and abhorrence of fuch vile anions, and the government here will be very zealous in the difcountcnancin"- ani yuniihing all fuch criminals." Mr, Stotightons ktt:r to Mr. Sctrrdary Fcrnon^ Af>, 12, 1699. 113 THE HiaXORY OF [Chap. L lament feems to have had the principal direction. Upon inquiry for a proper commander, Mr. Livingftone, a principal inhabitant of New-York being then in London, recommended Kidd, who had failed out of New-York ^ and, having a family there, no qu^eflion was made of his. attachment to it, and there was no fufpicion of his ever turning pirate hin^Felf. From London he went firft to. NeW'York, where he broke through the inflrudions he had received, fhipplng his men upon new^ terms y and, %vhen he arrived in India, not only connived at and fuf- fered to continue, a known pirate velfel, but committed divers alarming aces of piracy himfelf, to the endangering the amity fubfifting between the Eaft-India company and the princes in that part of the world. The leafl faid by the enemies of the adminiftration was, that, from a greedy defire of gain, an ill-judged meafure had been engaged in, which would be attended with very mifchievous con- fequences, and the malice of fonie infinuated a criminal intention in the undertaking. Where Kidd would feek an afylum was uncertain. Strangely infatuated, he came from Madagafcar to BofloUj^ and made a bold open appearance there, July the firft, this year, and fome of his crew with him. Oji the third, he was fent for by the governor, and examined before the council. What accoimt he could giv€ of himfelf does not now appear, but he was not immediately committed, and only ordered to draw up a narrative of his proceed-, ings ; which neglecling to do in the time affigned him, on the fixth he was apprehended and committed toprifon. Being a very refolute fellow, when the officer arrefted him in his lodgings, he attempted to draw his fword, but a young gentleman,* who accompanied the officer, laying hold of his arm, prevented him, and he fubmitted. Several of his men were fecured at the fame time, and advice having been fent to England, it wast thqught an affair of fo much im- portance, that a man-of-war was fent to carry them there ; where Kidd, Bradifii and divers others were condemned and executed. The party writers in England pretended, that after Kidd's arrival he had alTurance from fome anti- courtiers, * Mr. ThoiTxas Hutchinfonj afterwards for mapy years one of the council. 1699.] MASSACHUSETTS. 113 courtiers, who examined him in prifon, that his Ufe fhould be fpared if he would accufe his employers, but that he was not bad enough to comply with fuch a propofaL Lord Bellamont held two felTions of the General Court this year ; the firft, the anniverfary for the eledion of counfellors 5 the latter the 31(1 of March following, occa- fioned by a general rumour through the colonies, that the Indians (from all quarters, not only thofe upon the fron- tiers, but thofe who were fcattered through the towns in the fevcral colonies) had united and agreed, at an appoint- ed time, to fall upon the Englifh in order to a total extir- pation. The Indians were no lefs alarmed with a report, that the king had withdrawn his protection from them and ordered his fubjeds to unite in their dc{lru<^ion. Thefe reports were fuppofed to have been raifed by evil- minded perfons among the Englifh or Dutch ; but it is rnore probable, the Indians of the Six Nations,* to obtain the prefents which accomxpanied all treaties between the Englifh and them, w^ere the contrivers and managers of the whole affair. Such v/as the confternation in Maf- fachufetts, that feveral a6ls paifed the General Court for levying foldiers ; for punifhing mutiny and defertion ; for holding all the militia in readinefs to march ; and for enabling the governor to march them out of the province, which, by charter, he was reftrained from without an -a«5l of alTembly. As it happened, there was no occafion for carrying thefe laws into execution, the general terror fubfiding foon after. Soon * I remember that when the commlffioners from fevera! governments were at Al- bany, upon treaty with the Indians of the Six Nations,in the year i745,Hendrick,the Indian chief, (who afterwards loft his Ufe fighting under the Englifh when baron Dieflcau was defeated) had contrived, a little while'before the treaty, to fpread a ru- mour, among his countrymen, that the Englifh had laid a plan for their deftruAion ; and that the ammunition. Sue. were provided and fent to the frontiers, in order to make a ftroke upon them, when they leaft expecfted it. The commifiioners were fur- prifed at the general difcontent dlfcovered by the Indians, their frequent affembling and their backwardnefs in conferring with the Engiilh ; and having fome intimation of the rumour, they refolved to fearch to the bottom of it. Hendrick, finding him- ielf in danger of being difcovered, and fearing thq refentment of his own countiymen, <:ame to the commiflioncrs privately, and defired they would make no further inqui- ry ; he would undertake to quiet the Indians and remove their fears. The commif- fioners confideredhim as a neceffary man, who had been very ufeful in bringing his countrymen to agree to meafurcs propofed by the EngliHi, and thtit it was good poh-. cy not to expofe him, and left it to him to convince the reft that their fufpicions were groundlffs, v/hich he effeded in a very fhort time. EJ4 THE HISTORY OF [Chap. L Soon after the feiTion of the General Court in May,. 170O5 lord Bellamont took his leave of Maflachufetts and went to New- York, where he died the 5th of March fol- lowing. Mr. Stoughton took the chair again v/ich re- iudance. His advanced age and declining ilate of health jnade him fond of eafe and retirement. As foon as the news of the governor's death reached England, Mr. Dudley renewed his folicitations, with frefh vigour, for a po(l which he never loft fight of. By the intereil of lord Cutts, and the condefcenfion of lord Weymouth, whofe fon-in-law was a -competitor, he was cholen member for New^town, in Southampton county, in king \¥iUiam's laft parliament. This, v*/ith the place of lieutenant-governor of the Ifle' of Wight, was to be pre- ferred to all he could exped in New-England, if it had not been his native country ; but he had a paffion for laying his bones there, which equalled that of the ancient Athe- nians, and which he could not help mentioning to every New-England man who paid him a vifu ; as many fre- quently would do, from Portfmouth, where they were often detained for convo)^ When Sir Pilchard Onflow and Mr. Harley* w^ere com- petitors for the fpeaker's place, his inclination led him to the latter, from whom he had received favours ; but his favourite objed, which he was then purfuing, obliged him to comply with the court and vote for the former. He made ufe of the diifenting intereil in England to ob- tain his commifTion and to recommend him to his coun- trymen upon his arrival.! There was another difficulty ftill * We have a tradition that Mr. Harley hadfome New-England blood In him, hi* mother being a grand-daughter of Sir Richard Sakonftall. A letter from her to one of her lifters in New-England is faid to have been preferved many years after hi« death for the fake of this pafTage in it. " I am nov/ going to carry Bob up to the inns of court, to make a man of him." f " Rev. Sirs, London, Augujl 13, 170J. The juft and great concern we have for the welfare of New-England, has, upon all occafions, engaged us to improve that little intereft vve have or can make at court, in the appointment of your governor from time to time, that he may be fuch a one as may feck your good, and under whom you may be fecure and encouraged in your holy religion, ap.d alfo in your civil rights and privileges ; and fuch a one we hope and have a great deal of reafon to believe is colonel Dudley, whom the king was pleafed upon his departure to appoint your governor ; and we crave leave to acquaint you that we were very well pleafed in his majefty's nomination upon many accounts, •ur own perfoxnal kno v/lcdge cf his tharuder to be a man of karniug, prudence and iobrictjr, I70I.] MASSACHUSETTS. iic^ ftill remaining, the king was not willing to appoint a gov- ernor who he knew^ had been very obnoxious to the peo- ple. A petition was therefore procured, from fuch per- fons belonging to Maffachufetts as were then in London, and from the principal New-England merchants, praying that Mr. Dudley might be appointed governor. He had alfo the addrefs to reconcile himfelf to Mr. Mather the younger, and to obtain from him a letter favouring his caufe, which he made known to the king, and vv^hich re- moved his obje<51:ion j* and although lord Cornbury, a near fobriety, and of good acceptance with the prefent government of England for hi» faithful fervice in the Hie of Wight, and that his family, eftate and interclt h in your country. Upon the w hole, we judge it an efpecial act of the king's liivcur toward* you, that he, among fo many othirrs that always offer upon fuch accounts, fhould be determined for you. We hope and believe it is the efpecial providence of God, and fhall heartily pray that you may foon fee him and have the benefit of his good con- duvfl and care for you, and do not doubt but you will joyfully receive him and aflilt him with your prayers and advice. At all tinaes we are, Reverend Sirs, your molt aiTcdionate and humble fervants, John Quick, Jeremiah White, Robert Billio, Richard Strctton, Jofiah Chorley Norwich, Thomas Powell, minillcr Fr. Glafcocke, of the golpel, John Long, Mart. Sylvefter." Letter from dijfent'tng minijlirs in England to thi minijiers cf Alajjachiif.tts. * " I have been fo hurried in parUament, and indifpofed by my late attending committees, that I could not find leifure to write to you ; or rather, I was fo cut of humour with my ill ufage here and in New-England, for my faithful twelve years fervice, that 1 had no heart to write. I fee, he that is faithful to his religion and hi» country, mufl expedl his reward above. Before the king died, I had another hearing before the council and the king. Mr. Dudley and Mr. Phips on the one fide, and I alone on the other. Mr. Dudley produced Mr. Cotton Mather's letter, and read it to the king ; and Mr. Phips and he averred, that there was not one minifter nor one of the affembly but were impatient for his coming. I wifh you very happy under his government. As to my lord Cornbury, he was bred at Geneva, and would no more have attempted upon your religious intereft than I would. I could not be- lieve that my lord Weymouth fuould hinder his own fon-in-lav.' from being cliofen parliament-man, that Mr. Dudley, when I oppofed him, might get in, and that Mr. Blaithwait and the bifhop of St. Afaph, faould fo eameftly be for Dudley's foing, and that on purpofe to ferve the intereft of your churches. Mr. Stretton gat ;rll ih-z. non-cons to fubfcribe that letter. Poor Mr. Glafcocke wept to Ivlr. Howe for fign- ing it. Whatever you pleafe to fay or think of me, I have the teflimony of my con- fcience, that in the integrity of my heart, in tiie fight of God, I have fcrved Ntw- England with all my might." Sir H. Afcurjl t» I. J\I. March 25, 1702. Sir Henry Afhuril was miftaken in his opinion of lord Cornbury. Mr. Smith, in his hiftory of New-York, has given us an account of ihe -rbitrury fevere treatment the Diffenters received from him. A circumiiantial acco..nt of his profecuting two itinerant preachers 1 have feen, under the hand of one of them. The fouthern cole - nies being deilitute of minillers of any fort, the diffenting miniftcrs in London, with feme principal men of their congregations, made prcviUcn for the fupport of two itinerant miffionarits from Virginia to New-York, who were to be abfcnt two ii6 THE HISTORY OF [Chap.!, near relation of the late queen and the princefs Ann, being appointed for New-York, expefted Maflgichufetts alfo, yet Mr. Dudley prevailed ; and his commiffion pafled the feals. The king's death, a few months after, caufed him the trouble of taking out a new commiflion from the queen, but he had the unufual favour (hewn him of remitting mod if not all the fees. Whilft years ; and upon their return, two others were to be fent out, and fo from time t» time. The two firft were George Macnifti, from Scotland, and John Hampton, from Ireland ; but being ftrangers to America, Francis Mackennie, another minifter who had been there before, accompanied them. Beginning their miflion at Garoli-? na, they travelled northward ; and M'Nilh being left to take care of five meeting-? houfes in Sonaerfet, Maryland, the other two went on to New- York. They waited upon the governor, and v/cre civilly received ; and fome of the inhabitants who de- fired to hear them, applied to his lordfhip to give them leave to preach in the Dutch or French church, but he refufed it, and the minifters of the churches did not care to admit them againO: his mind. Mackennie, in compliance with the defires of the people, preached in a private houfe with the doors open, and a day or two after left New- York in order to preach at Newtown on Long-Ifland, where he and Hampton, who had preached in the meeting-houfe at Nev/town, were apprehended by a war- rant from the governor, carried before him, and charged with preaching in his gov- ernment without his licenfe. They replied, that they prefumed upon the liberty given by an adl of parliament the I ft of WiUiam and Mary, and had obtained cer- tificates according to tiie dircdlions of the act which they delivered him. He told them the adl v/as local, and they muft find fureties for their good behaviour, and ef- pecially not to preach any more in his government. This they declined, and were committed to cuftody, where they continued many weeks at the expenfe of forty fhillings per week. During their confinement, they applied to the minifters of Bof- ton, defiring them to reprefent their cafe to fome gentlemen in England who might appear in there behalf, which oecafioned among ethers the following letter. « Sirs, BoJloH, N. E. April i, 1707. We have lately given you fome account of the violent and illegal anions of my lord Cornbury, governor of New- York, in imprifoning two qualified prefbyterian minifters (Mr. F. M. and Mr. J. H.) for offering to attend the duties of their min* iftry in his government, under the Ihelter of the a6l of toleration. The gentlemen lay prifoners for more than fix weeks, at forty fniilings per week charges, upon a mittimus figned by my lord, not in the queen's name, and without any crime fpeci- fied. Though both my lord and the queen's attorney denied the a6l of toleration to extend unto the plantations, yet they have fince made the aft of uniformity, notwith- ilanding the claufes of limitation ia it, fo extenfive. The chief juftice, finding him- felf under a neceffity to grant the gentlemen an habeas corpus, which would have dif- charged them, my lord (from whom they have no hope of obtaining here any fatif- faftion for their falfe imprifonment all this while) ferved a new mittimus upon them. A grand jury was packed,whereof three where juftices of the peace, who had already, as fuch, appeared agalnft the prifoners ; the reft of the Englifti were high-flying churchmen, and the biggeft part were Dutch and French, M'^ho neither knew the Englifh law nor fpake the Englifti tongue, and either were dependents on my lord or fufpedled of popery. This grand jury found againft Mr. Francis Mack- ennie a bill, that on the ijd day of January he did preach and teach at the houfe of one WilUam Jackfon, where were aflembled together above the number of five perfons at one time, and did voluntarily and unlawfully ufe other rites and cere- monies and form and naanncr of divine worfliip than what are contained in a certain book entitled, the book of common prayer and adminiftration of the fa- cramentc, againft the ftatute in that cafe made and provided. Mr. John Hampton « was 1702.3 MASSACHUSETTS. n; Whilfl thefe things were tranfacling in England, the Keutenant-governor^ Mr. Stoughton, died, July 7th, 1701, at his houfe in Dorchefter. The adminiftration for the firfl time devolved upon the council. Some manufcript minutes and letters, which I have leen, about the timcy and after the fettlement of the charter, take it for granted that upon the death or abfence of the governor and lieu- tenant-governor the fenior counfellor would prefide, and an inftrudion from th^ crown has been given for that purpofe ; but the exprefnon in the charter, if it will ad- mit of this conftruftion, does not favour it. We mufl not wonder therefore, that twenty-feven counfellors did not readily give up their fhare in the adminiftration to him that happened to be the eldeft. It is a defe-fl in the conflitution ; for although-^ for certain purpofcs, fevcn: counfellors make a quorum, yet in all a6ts, as command- ers in chief, it has been judged neceifary, that fifteen (or a majority of the whole number) fhould gfve their con- fent. This mufl be extremely inconvenient, efpecially in time of war, when difpatch, often, and fecrecy, fome- times, are of great importance. Mr. was difcharged, Being a man of lefs intereft. On this bill, the faid Mr. Francis flklackennie is bound over to the court in June, when he expetils another jury of the fame complexion, and that their delrgn* is then to make a prey of him. Except a fpecdf relief be obtained, the iiTue will be, not only a vail opprefiicn on a very worthy fervant of God, but alfo a confufion upon the whole body of Diflenters in thofc colonies, where they are languilhing under my lord Cornbury's arbitrary and unaccountable government. We do therefore earneilly fohcit you, Aat you would humbly petition the queen's majefty on this occaficn, and reprefent the fufferings of the Diffenters in thofe parts cf America ;which are carried on in fo direft violation of her m.ajefty's commands, of the laws of the nation, and the com- mon rights of Englilhmen. The diftance of a thoufand leagues between England and thefe colonies, and the uncertainty of communication in this time of war, make our condition under ♦pprefTors the more infupportable, before any relief or fo much as a check to fuch a governor as my lord Cornbury can be obtained ; and befpeaks the more lively •ompaflion of thofe unto whom we cry, as we novv- do unto you to be our advocates. It is the caufe of the opprtffed that you now have to plead ; the caufc of not •nly many thoufands in America, but of a great part of the Engllfti nation, jind indeed the common caufe of humanity itfelf. You may depend upon the truth «f the reprcfentation here laid before you, and it is to be wifhed that it may be pub- Uihed unto the whole Englilh nation. Ths defircs of many of the moft eminent pcrfons In New-England, thus addref* anto you by the pen of. Sirs, To Sir H. Afhurft, Your moft humble fervant- Sir W. Afhurft, and Sif £dci« Harciion, JLondoa.'* * ii3 THE HISTORY OF [Chap. L Mr. Sroughton's father was edeemed by the people ; was coPximander in chief of the forces of the colony in the firft war againft the Pequod Indians, and after that many years a magillrate, and of a confiderable eflate for thofe times. This circumftance caufed his own natural endowments, which Vv'ere cultivated and improved by the bed education the country afforded, to be more obferved and valued. He was, in early life, a candidate for the miniflry ;* but the people judged him proper to take his father's place as a magiltrate ; then employed him as their agent in England ; and urged him a fecond time to en- gage in the fame fervice. It is no blemifn in his charac- ter that he had many oppofers. Every man, who makes it more his aim to ferve than to pleafe the people, may expecl it. From the obfervations he made in his agency, he WT.S convinced it was to no purpofe to oppofe the de- mands of king Charles ; and from the example of the corporations in England, he was for furrendering the char- ter rather than to fuffer a judgment or decree againft it. In fuch cafe, a more favourable adminiftration might be expected to fucceed it, and in better times there would be a greater chance for re-aiTuming it. He confented to ad as one of the council under Sir Edmund Andros, in hopes, by that means, to render the new form of govern- ment more eafy. By this ftep he loft the favour of the people, and yet did not obtain the confidence of the gov- ernor, who would willingly have been rid of him, feldom confulted him, and by the influence he had over the ma- jority of the council, generally carried the votes againft his mind. He joined upon the revolution with the old magiftrates, w^ho made no fcruple of receiving him, in re- , affuming the government ; but upon the eledion after- wards made by the people he did not obtain a vote. At the * Many gentlemen, before and fmce Mr. Stoughton, who have been probationers for the miniftry, have afterwards made a figure at the barj and, in the legiflative as well as executive courts of the province, gained great reputation ; and fome, who have been fettled miniflers, liave not been lefs efleemed for leaving their parifhes where an infuflBcient fupport has been afforded, or there has been other good caufc affigned ; but thefe inftances are more rare. The New-England clergy do not af- I'ume an indelible chara6ler ; however, after having been once ordained, or, to ufe one of their own a? well as a fcriptural cxpreflive ttrm,feparated to the work of the rn iniltry, there feems to be fome more fpccial reafons requifite to juftify the forfak-? ing this, than wowld be fuficieut in the cafe of a civil employment or courfe of life. ■i7cr2.^ MASSACHUSETTS. 119 the defire of the council and reprefentatives he drew up a narrative of the proceedings of Sir Edmund and his ac- complices, figned by him and feveral others of the coun- cil ;* in which they modeflly take exception to many things in the adminiftration, and exculpate themfelvcs from any fhare in them. He was nine vc'ars lieutenant- governor, and fix of them commander in chief ; had ex- perienced the two extremes of popular and abfolute gov- ernment ; and not C4ily himfelf approved of a mean be- tween both, but was better qualified to recommend it, by a diicreet adminiftration, to the people of the province. He died a bachelor. Inftead of children, he faw, before his death, a college reared at his expenfe, which took the name of Stoughton-hall.f He had good reafon to thinlc it would tranfmit a grateful remembrance of his name ta fucceeding ages. Sir Henry AfhurflJ and Conllantine Pliips had contin- ued agents for the province, in England, for ten years to- gether. Divers attempts had been made, by Mr. Math- er's friends, to- fend him again to England in the fervice of the province ; and, after Mr. Stoughton's death, the two houfes came to a refolution to cbt)ofe fom.e perfon in. the jfrovince, and fend him to England as their agent j and a great intereft was made that Mr. Mather might be the man ; but it happened that Mr. Cooke, who had not forgot their former dirference when joint agents, flood as well with the affembly at this time as he had ever done^ and had influence enough to prevent Mr. Mather from fucc ceding. * They conclude their narrative with thefe words : " Thefe are the chief matters ■^hich upon this occafion, without any undue prejudice againft any man, or dtfigix to juftify the dtfe6ts of ourfelves in the performance of our own f}iarcs of duty, but in anfvvcr to the defire fignified to us as above, we have to fet forth ; prcfeffing tru- ly, that by fuch a ftate of things as we had the experience and f-eling of, the places thr.t we held were rendered exceeding uneafy to us, and that out of a fincere refpecT: to the profperity of thefe their majelly's plantations, v/e could nyt but be very de- Crous, that through the favour of God and our fiiperiors, all due rcdrefs miglit in a good happy feal'en be obtained ; and the way of governing Englifh fubjc(5ls ii> their niajefties' dominions, without an affembly ©f the people's reprefentatives, be kanilhcd forever. William Stoughton, Walt. Winthrop, Thomas Hinklcy, Samuel Shrimpton.**" Earth. Gedney, f The foundation (lone was laid the 9th of May, 1698. ^ Sir Henry was finally diiiniired juil bffere lord BcUamea; left tha province. i'2o tHE lilSTORY OP [Chap. L faccedlng. The choice fell upon VNTaitftlU Winthropj granciroii to the firft governor of Maflachufetts and fon to the firll: governor of Connedicut, and who either out of refpeft to his family, or for fome other reafon which does not now appear, was confidered as prefident of the council^ pJthough there were many who by priority of appoint- ment, the rule generally obferved, fliould have preceded him. The French claim to the country call of the river Ken- nebeck-, and to an exclufive fifliery upon the fea-coaft, were the reafons publickly aiTigned for the choice of an agent at this time, and an addrefs to the king had paiTed the coun- cil and aiiembly^ and Mr^ AVinthrop's inflrudions were prepared. Thefe proceedings of the French were really alarming. The profefTed reafons, however, were not the true reafons. Mr. Dudley's folicitations for the govern- ment were known, and, although his inter eft in the prov^ ince was increafmg, yet, a majority of the General Court had a very ill opinion of him. Mr. Winthrop was a good fort of a man, and although he was of a genius rather inferior to either of his anceftors, yet he was popular, and the party againft Mr* Dudley wifhed to have him gover- nor. They flattered themfelves that his being acceptable to the country would, together with his family and his eftate, both which were of the firfl rate, be fufficient to recomanend him ; but they were miftaken. Winthrop was a plain honeft man. Dudley had been many years well acquainted with the cuftoms and rnanners of a courts and would have been more than a match for him. Jufl as he was about to embark, news came that Mr. Dudley was appointed governor and Thomas Povey lieutenant- governor. The reafon of Mr. Winthrop's appointment to the agency immediately appeared. The vote for his inftruclions was re-confidered, and his voyage laid afide. It was thought proper, however, that the addrefs to the king fhould be forwarded. This was fent to Mr. Phips. A fecond addrefs accompanied it, occafioned by advice of a bill being brought into the houfe of lords for difToiving charter governments. It is not probable that the Maifa- chufetts charter was the fpecial occafion of this bill. It differs ^702.] MASSACHUSETTS. i2i differs fo little from the commiiTions in the royal govern- ments, as they are called, as not to be worth notice* About this time, or a little before, the fplrit againfl: the king had caufed the re-afmmption of many grants which he had made of private eftates. If there was a fpecial prejudice againfl: colony charters, it is probable the char- ter to Pennfylvania was the mofl exceptionable. The pro- prietor was obnoxious, had abfconded a few years before upon a fufpicion of treafonable pradices, and was flill un- der a cloud. The people of Malfachufetts inflrud their agent as follows : " As to the bill, faid to be lying before the houfe of lords, for the diflblving charter governments in the plantations, we entreat you to be very w^atchflil in that matter and ufe the utmofl diligence, by all convenient means, to prevent our being comprehended in or conclud- ed by the fame. Our circumftances are different from thofe of other plantations under charter government, our firfl fettlement being wholly at our own cofl and charge ; and by our prefent fettlement we are already reduced to a more immediate dependence on the crown, his majefty having referved to himfelf the nomination of our governor, lieutenant-governor and fecretary, and a negative on our laws.'' In their addrefs to the king they thus exprefs themfelves : " And forafmuch as we are given to underflarid that, through the fuggeflions of fome perfons not well affected to charter governments, a bill has been preferred in the houfe of lords for vacat- ing charter and proprietary governments within your niajefly's plantations, we in all fubmiflion crave leave humbly to pray yoiir majefliy's grace and favour towards your good fubjedls within this your province, that no fuch fuggeflions may make an impreflion in your royal breafl to deprive us of thofe privileges which we enjoy under your majefly's mofl gracious grant, and that we may not be included in any fuch a£t to our prejudice, without having opportunity given us of being heard and fpeaking for ourfelves." The bill was dropped in the houfe of lords, and, a war with France being every day expected, the longefl fword was to determine, the points complained of in the firfl addrefs. Vol. II. I The t2Z ■ THE HISTORY OF [Chap. L The fending thefe addreffes to Phips was grievous to Afhurft.* Although he had not very fliining . talents, yet being a member of parliament, having a great family intereft, and being an honed: man and confcientious in the difeharge of his truft, he had been very ferviceable to the province. He had however the fate of mod agents* As foon as the party againfl him found they were ftrong enough, they left him out of the agency, and he made frequent complaints that they had flighted his fer vices, and neglected giving him an adequate re- ward. Ail the agents who had been employed before him, except Mr. Winilow, v/ere unfuccefsful, and feveral,: probably for that reafon, thought unfaithful. The firfl who were employed were Weld, Peters and Hibbins, in 1640. They borrowed money for the fervice of the colony, and proper care not being taken by the govern- ment for th@ payment, thefe agents, for feveral year^ after, were contending about the proportion in which they fhould pay it themfelves. Winilow, who went over in 1 6465 foon found more pi^ofitable employment ; but his allowance was fo fcant from the colony that the cor- poration for propagating the gofpel among the Indians allowed him ;{!.ioo fterling for promoting that defign^ but wrote to the government that it ought to be reftored.- Bradilreet and Norton were fent in 1660. Norton laid the reproaches he met with fo much to heart as to affedl his health and fhorten his life. In 1677 Stoughton and Bulkley were employed, and foon after their return it was faid by thofe who charged Bulkley with too great compliance with court meafures, that his fun fet in a- cloud. He died of melancholy. Stoughton was re- proached, *" Sir Henry Alhurfu was fon to Henry Afliurn:, efquire, who had a great hand" in fettling the corporation for propagating the gofpel among the Indians in New- England and parts adjacent. Sir Henry being a zealous Diflentcr, accompanied Mr. Baxter when he was brought to hig trial before a favage judge, was at the expenfc of fees for his counfel, and, after the trial, led him through the crowd and conveyed him away in a coach. Notwithftanding this, he was created a baronet in the fame reign, when Diffenters, in oppofition to the church of England, were in favour, juft before the revolution. His lady was daughter of lord Paget. He died in 1 710, leaving only one fon, Su- Henry Alhurft, who married a daughter and coheirefs of Sir Thomas Draper, of Sunninghill-park, Berklhire, and was mem- ber for Windfor in 1714, and died in 173a without ilTue, fo that the title is extin<5l:» but the defccndants of thefjrft Henry by the younger branches remain, and the family is Hill refpeflable.. S702.] MASSACHUSETTS. 123 preached, and, although he had a majority of the court ill his favour, he could not be prevailed on to rifque his reputation a fecond time. Dudley and Richards were the next, in 1682. The former managed the whole bufinefs, and bore the whole blame, but, being of a very different temper from fome of his predecellbrs, inftead of laying to heart the flight of his countrymen, he was politic enough to improve frowns at home to procure favours from abroad. Mather, Cooke and Oakes were employed to folicit the reftoration of the firft charter. In this they failed. Mather without the confent of bJs brethren accepted the prefent charter^ and although, at firfl, a majority of the court acknowledged his merit, the oppofite party foon after prevailed, and he failed of his expected reward, and complained all his life of the ingratitude of his countrymen, after having fpenx not on- ly his time but part of his eftate in public fervice. I would draw a veil over our tranfa6i:ions relative to agents, if my obligations to truth would permit me. Errors and failings, as well as laudable deeds, in pad ages, may be rendered ufefulj by exciting pofterity to avoid the one >nd to imitate the other. t *« CHAP. THE HISTORY OF [CiiAP. It CHAP. IL from the arrival cf Gover nor Dudley^ in 17025 io the atrivat of Govsrnor Shute^ in 1716. iVlR. Dudley was received with ceremony and marks:' of refpedt, even by thofe who had been his greatefl op- pofers in the reign of king. James. Winthrop, Cooke, Hutchinfon,* Fofler, Addington, Ruflfel. Phillips, Browne, Sargent, and others, who had been of the council which committed him to prifon, where he lay twenty w^eksy Were of the council when he arrived. Upon fuch polit- VA, ical changes, a general amneity is oftentimes advifeablc and necellary.. The affront and infult fliewn by Lewis XIV. not only' to the prince upon the throne, but to the Engliih nation, in proclaiming another perfon king, had rendered a war iS^With France inevitable^ before the governor left England, "ilie news of its being proclaimed arrived in a few weeks after him. Nothing ielV could be expected than a wai° with the Indians alio. Ever fmce the peace, in 1698, the governor of Canada, by his emiffaries, had been contin- ually exciting them to hoftilities ; and-juflified himfel£ upon this principle-, that the Indians having call them- felves upon the French long fmce as their prote£lors, and being proprietors of the eadern country, where the Englifli had ufurped a jurifdidion, which as far weflward as Kennebeck rightfully belonged to the French^ the En- ghfli therefore were to be confidered as intruders and in- vaders upon the jurlfdi^lion of the French, and. upon the ^property of the Indians.. ^^. The governor, in the fummer of 1703, vifited all the-| eaflern frontiers as far as Pemaquid ; taking fuch gentle-- men of the General Court with him as he thought prop-- er jt J^etthe delegates from the Indian- tribes and confirm-,,^ * Col. Hutchinfon liad the command of the caille when Mr. Dudley arrived, \i\xt\£i wa'; removed and fucceeded by lieutenant-governor Povey. I He always refufed to allow the two houfes to appoint committees to attendhimf f-poj) Jiny treaties-. y?V^ '-•if m 5703.] MASSACHUSETTS. 1^25 cd the former treaties which had been made. He had recommended, in his iirfl fpeech to the aflembly, the re- building the fort at Pemaquid ; and the gentlemen who accompanied him eaft, reported in favour of it, and their report was accepted by the council ; but tbe houfc con^ tinned of the fame mind they had formerly been, urgin;^ that all the money they could raife would be wanted foi other fervices more necefl'ary than that, and refui'ed to comply with the governor's propofal. His heart was fct upon it ; the miniflry coniin.ued their prejudice in favour of this particular fpot, and, it is not improbable, that he had given encouragement he fhouW be able to carry a point which his predeceflbrs could not, and therefore was the more mortified at the failure. The Indians upon the Mallachufetts frontiers continu- ed quiet this year, but the Nova-Scotia Indians feizcd three of the fifhing velfels belonging to this province, up- on a report that war was declared. The council attempt- ed to reco-'er them, and by the interpofitioii of Bruillonj governor of Nova-Scotia, two if not the third were rc- ftored. At the firfl eledion Mr. Dudley treated tlie houfe more cavalierly than Sir William Phips or Lord Bellamont had ever done. After the lid of counfellors cled had been, prefented, " A mefl'age was fent from his excellencv, to defire Mr, fpeaker and the houfe forthwith to attend him in the council chamber ; and, Mr. fpeaker and the houfe being come up, his excellency obfcrved to them, that in their lift of eleQ:ions prefented to him, he took notice that there Vv'^re feveral gentlemen left out that were of the council laft year/? who were of good ability, for eftate and otherwife^ to ferve her niajeity, and well difpofed thereto, and that fome others v/ho were new elected,, were not fo well qualified, fome of them being of little, or mean eftate ; and withal figniiied that he fhould ex- punge five of the name in their lilt, viz. Eliflia Cooke, and Peter Sargent, efquires, Mr. Thomas Oakes, Mr, John Safiin, and Mr. John Bradford, and difmifled the houfc, who returned to their chamber."'* Cooke had been of •-General Court record. f ,-..' 126 THE HISTORY OF [ChAp. IL ^ the council nine or ten years, had been afliflant before the revolution, married a daughter of governor Leveret, and was allied to the bed families in the province, had a better ellate than the governor himfelf, but then he had been agent in England, and difcovered greater zeal for profecuting the complaints againfl Andros, Dudley, &c. than any of his fellow agents. Sargent had married the relict of Sir William Phips. Oakes had been one of the agents in England alfo, and under the diredion of Cooke. Saffin was a principal inhabitant of Briftol, (the father of Thomas Saflin in Stepney church-yard, whofe memory the author of the Spectator has immortalized) and Brad- ford was grandfon of the firft worthy governor of Plymouth. There had been but one inftance of the governor's refufal of a counfellor fmce the charter. The right of refufal could not be difputed. Had the power been fre- quently exercifed, lefs exception would have been .taken to this inftance ; but the long difufe of it caufed the re« affumption of it upon fo many perfons at once to be more difagreeable. Oakes was of the houfe, and, notwith- flanding the negative as a counfellor, remained there ; and if he could be of any confequence, this would add to his weight. Lord Cornbury, governor of New- York, fome time ia the month of May advifed Mr. Dudley of an army of French and Indians, intending to make a defcent upon Deerfield, in MaftaGhufetts. The intelligence was brought to Albany, by fome of the praying or chriftianized Mo- hawks, who had been to vifit their friends at Cagnawaga in Canada, who formerly had belonged to the fame village about forty miles from Albany. This defign was not immediately carried into execution. Whiift every one was fearing hoftilities from the In- dians, feveral Englifhmen, pretending friendlhip toCaftine, fon of the baron de St. Caftine by an Indian woman, who now lived at Penobfcot, plundered his houfe, &c. and made great fpoil. Upon his complaint to the govern- ment, he was affured the adion fliould not go without due puniihment, and that reflitution diould be made. About 1703.] MASSACHUSETTS. T27 About the fame time, the Indians did mifchicf to fome of th& people of Kennebeck. Which a£lion was firit, I cannot afcertain. Perhaps neither of them was from re- fentment or revenge for the other. Before the end of the year, the blow threatened in the beginning of it was ftruck upon Deerfield. This was the mofl remote fettlement upon Connedicut river, except a few families at Squakheag, or Northfield, adjoining to it. Deerfield, being eafiefl: of accefs of any place upon the river, had often fuffered by fmall parties. In 1697, an attempt was made upon it, but failed of fuccefs, through the vigilance and bravery of the inhabitants, with Mr. Williams their minifler at their head. Colonel Schuyler, of Albany, had obtained information of the defigns of the enemy upon it this year, and gave notice feafonable enough to put the people upon their guard. It was af- terwards thought remaikable, that the minifler had it ftrongly imprefied upon his mind, that the town would be deftroyed. It vv'ould not have been very ftrange, if this impreffion had never been off his mipd. He warned his people of it in his fermons, but too many made light of the intelligence, and of theimpreffions whioh naturally followed. The government, upon his application, order- ed twenty foldiers as a guard. The party, which had been fitted out at Canada, confided of about three hundred French and Indians, under Hertel de Rouville, who had four brothers with him ; their father had been a noted par- tizan, but was now unable to take fo long a march. They came upon the town, the night after the 28th of Februa- ry. In the fore part of the night, and until about two hours before day, the watch kept the ftreets ; and then unfortunately went all to deep. The enemy, who had been hovering about them, and kept continually recon- noitring, perceived all to be quiet, and firil furpriied the fort or principal garrifon houfe. The fnow was fo high in drifts that they had no difficulty in jumping over the walls. Another party broke into the houfe of Mr. Wil- , liams, the minifler, who, rifing from his bed, difcovered near twenty entering. He expeded immediate death, but had the iirmnefs of mind to take down a piflol, which he alwavs ^x < 128 THE HISTORY OF ^ [Cha?. IL always kept loaded upon his teller, and to prefent it to the bread of the firft Indian who came up to him. The piftol, fortunately for Mr. Williams, fnapped only and jnifTed fire.. Had he killed the Indian, his own life no, doubt would have been taken in revenge. Being in ef- fed: difarmed, he was feized and pinioned, and kept flanding in his fhirt only in that cold feafon the fpace of sn hour. In the mean time, his, houfe was plundered, snd two of his children and a negro woman murdered. His wife and five other children w^ere fuffered to put on their clothes, and then he himfelf was albwed to drefs and prepare for a long march. Other parties fell upon other houfes in the town, and flew about forty perfons, and made about one hundred more prifoners. Sun about an hour high, the enemy had finifhed their work, and took their departure, leaving uU the houfes, out-houfes, &c. in flames. Mrs. Williams, J^had fcarcely recovered from her lying-in, and was in a weak flate. The enemy made all the hade they could, left a fuperior force fliould overtake them. The fecond day, Ihe let her huCband know fhe was unable to travel any farther, as faft as they did. He knew the confe- quence, and would gladly have remained with her and af- fi fled her ; but they had different mafters, and leave could 3iot be obtained, and he was carried from her and foon. ^fter heard that her niafler had funk his hatchet into her brains. One cannot eafily conceive of greater diftrefs than what an afFe6lionate hufband muft then have felt. About twenty more of the prifoners, in their travel to- wards. Canada, gave out, and were killed alfo.* They were * This is not mentioned as an inflance of favagc barbarity. Their own preferva- tion often depends upon their deftroying their prifoners. Henry V. of England killed, in cold blood, the flower of France, when he fuppofed his own little army to be in danger. The Indians, after thefe onfets, always expe men knock them in the head ; which order they immedi- ately obferved. He was much blamed for this after his return, and excufed himfelf but indifferently. He fearcci^ the enemy might fail upon his men, whom he faw were olF their guard, which put him in a pallion. He went as high up the river as the falls, taking or deflroying all in his way ; miffed Chartiers, another French officer, who- lived or was ported there. The tranfports took in the forces at the harbour or mouth of the river, and carried them to Menis ; the men-of-war (landing for Port-rovaL At Menis he met with fome oppofition, the enemy firinp^ from the banks a-s he rowed up the river to the tov/n ; but he loft none of his men.. They found plenty not on- ly of frefh provifions but good liquor in the town, which occafioned fuch diforders among the men, efpecially th& Indians, that it wa-s neceffary ta ftave all the cafks which had any wine or fpirits in them, and it was done accord- ingly. Here the lieutenant of Church's own company,^ Barker, (Charlevoix calls him the lieutenant-general) and one man more were (hot down, which were all that were loft in the expedition. After plundering the inhabitants^ 'of all their goods, they fet the town on fire, and then em^ barked on board the tranfports-. The inhabitants of a village upon another branch of the river fuppofed the EngUfii to be gone, and that they fhould efcape ; but Church went back with his boats, and, going up thii branchjj. i34 THE HISTORY OF [tlHAP. 11 branch, came unexpeftedly upon the village and took what prifoners he had a mind to, and, among the reft, two gentlemen who had been fent by the governor of Port-royal to bring two companies of foldiers for the de- fence of the place againd: the men-of-war which appeared in the gut. Church gave the gentlemen leave to return, for the fake offending a meifage by them to the governor, to defire him to acqu:iint the governor of Canada, that if he did not prevent his French and Indians froiji commit- ting fuch barbarities upon poor helplefs women and chil* dren as the people of Deerfield had fuffered the lafl year, he would return with a thoufand Indians and let them loofe upon the frontiers of Canada to commit the like bar* barities there. This the French governor mud know to be a gafconade. The forces after this went up what is called the eaft- ern river, and deftroyed the fettlements there, and then returned to the tranfports, and joined the men-of-war at Port-royal ; where it was agreed, both by fea and land officers, that no attempt fhould be made. The men-of- war returned to Mount Defart harbour, and Church, with his tranfports, went up to Chigneclo. The inhabit- ants all fled, taking with them as much of their fubflance as they could carry away ; the reil they left to the mercy of the Englifli, who laid all wafle. From Chignedlo they went to Mount Defart ; the men-of-war being gone to Boilon, the tranfports followed ; and, flopping at Gafco- Bay, Church found orders lodged there, from the gov- ernor, to go up Kennebeck river as far as Norridgewock fort ; but having intelligence that it was deferted, and his men having undergone much fatigue, he thought it befl to return home. This expedition Mr. Dudley fuppofes, in his fpeech to the alTembly, ftruck great terror into the Indians, and drove them from our frontiers ; but it appears from Church's journal, that the poor Acadians, who had been fo often ravaged before, were the principal fufferers now^ and that the Indians were httle or nothing annoyed.* An * Mr. Dudley laid himfelf open to cenfure. The profeffed defign was the reduc- tion of Poi-t-royal. When it was known that this never was the real defign, it wa* 1 7^4-1 MASSACHUSETTS. 135 An exploit of Caleb Lyman, of Northampton, defervcs to be recorded. Hearing of a fmall party of Indians at Cohafs, far up Connedicut river, he went out with only five friend Indians, and, after nine or ten days* travel, came upon the enemy Indians in the night, killed feveu ©ut of nine, and the other two efcaped, but were wounded. This may be placed among the favourable years ; but the frontiers were not without annoyance. In April, an Indian fcout killed Edward Taylor, at Lamprey river, and carried his wife and child to Canada ; major Hilton with twenty men purfuing without overtaking them. They lay in wait to take colonel Waldron at Cochecho, but milled him, carrying off one of his fervants in his (lead.* July 31. About four hundred French and Indians fell upon Lancaller, and alTaultcd fix garrifon-houfes at the fame time, which made a brave defence. 1 hey burned many other dwelling-houfes and the meeting-houfe. An alarm was foon fpread, and three hundred men were in the town before night, who engaged the enemy with forne lofs on both fides. The beginning of Auguil, a party of the enemy, lying in wait, fired upon a fmall fcout going from Northampton to Weftfield, killed one man and took two prifoners 5 but more of our forces being behind^ they came up, retook the two men and killed two of the Indians. Soon after, they killed lieutenant Wyler and feveral others at Groton, and at a plantation called Nafli- cway. Almfbury, Haverhill and York, in MalTachufetts, and Exeter, Dover, and Oyiler river, in New-Hampfhire, luf- fered more or lefs this fuinmer by the enemy. The not an cafy th-ngtopcrfuade the people thr.t want of orders from tlie q'.ieen wa^trc true caui'e. A cortrelpondencc between the friends ol" the governor and the French in Acadie was fufpeii^cd, and it wasfaid the place muft be prei'ervcd for the fakeof trade, in the profits of which the governor was to have his fhare. " W^hcn Church went with his fcTccs to Port-royal hecouldcafilyhavetakcnthefort,ovdoneanything;in the world, but the reafon which he has often given for his not doing it 'u, becaufc you abfolatelr forbad him, you peremptoiily forbad him. The caufe you afirgned was, becaufc the matter had been laid before the queen, and the queen liad fent over no orders for it, and though the queeil had fent no orders we fend with a pretence to take it. But the ftory grows now too black a ftory for mc to meddle svith it The exp'-di- tion baffled The fort never fo much as demanded An eternal gravcftone lairf on our buried captives A ncfl: of hornets provoked to fly out upon us A fname call upon us that will niver be forgotten 1 dare not, I cannot meddle wiJik thefe myfteries." Cotton AUthet'i Uticr U Co-v. Dudley, "Jin. £0, 1707, * Thia ftory was a fid-02. i9S THE HISTORY OF [Chap. It The licentious pra<5lice, indulged among the feamen^ of making depredations upon foreign nations in the Eall and Weft Indies was not wholly fupprefied. John Quelch (who had been mafter of the brigantine Charles, and had committed many piratical ads upon the coafl of India) came with feyeral of his crew and landed, fome in one part" of New England, fome in another. Quelch and fix more were condemned at Bofton and executed. Some were admitted to be witnefTes for the king, fome repriev- ed, and fome pardoned. The governor, upon this occa- fion, found old prejudices againft him reviving. Reports were fpread of large fums of money falling into the hands of the governor and of his fon, the queen's advocate^ which, however groundlefs, eafily obtained credit.* Mr. Dudley's principles in government were too high for Maffachufetts people. He found it very difficult to maintain what appeared to him to be the jull prerogative of the crown, and at the fame time to recover and preferve the efteem of the country. The government had been fo popular under the old charter, that the exercife of the powers referved to the crown by the new charter was fub> mitted to with reluctance. Sir William Phips was under the influence of fome of his council and fome of the min- lilers of note, and fufFered remains of cuftoms under the old form hardly confiftent with the new. Mr. Stoughton, expecting every day to be fuperfeded, avoided all occa- fions of controverfy. Lord Bellamont, indeed, in fome inflances, alTumed more than he had right to. His quaU ity, and the high efteem at firft conceived of him, prevent* ed any controverfies during his very fliort adminiftration* Mr. Dudley fet ouj; with refolution to maintain his author- ity. The people were more jealous of him than they would have been of any other perfon. His negativing Rvc of * I h:ive taken fo many fadls and remarks, in my firft volume, from a manufcript hiftory of Mr. William Hubbard, one of the minifters of Ipfwich, that I may not omit taking notice of his death, Sept. 14, 1 704, at the age of eighty-three years ; and giving him the chara6ler he defcrved, of a man of learning, of a candid and benev- olent mind, accompanied, as it generally is, with a good degree of catholicifm ; which, I think, was not accounted the moft valuable part of his chara61er in the age in which he lived. Among his other grandchildren, Nathaniel Hubbard,efquire,fhonc with peculiar luilre, inherited his grandfather's virtues, efpecially that amiable fpirit of benevolence. He was of the council, and one of the juilkes of the fuperior court, too late in life for kis country to reap any long benefit, fW 1705.] MASSACHUSETTS. 137 ' of the council, the firfl eledion, was an upopular flroke. The next year (1704) the two houfes chofe again two of the negatived perfons, Mr. Cooke and Mr. Sargent, and the governor again refufed to approve of them. They were fuch favourites of the houle, that the fpeaker, the houfe being prefent, addrelTed his excellency and prayed him to re-confider his negative and to approve of the choice. This was out of charader, and the houfe difhonourcd themfelves, and had the mortification of being denied. This year neither of the perfons were chofen of the coun- cil, but one of them, Mr. Oakes, being chofen fpeaker of the houfe, upon the governor's being acquainted there- with, he fignified to the houfe that he difapproved of their choice, and direded them to proceed to the choice of an- other, which they refufed to do. It had been always the pradice for the governor to give diredions to the two houfes to proceed to the choice of counfellors ; but the difpute about the fpeaker prevented it at this time, the council inferted themfelves, and the queftion being put, whether it was in the governor's power, by virtue of the charter, to refufe the eledion of a fpeaker and dired: the choice of another, they determined it w'as not, and immediately joined the houfe in eleding counfellors. The next day the governor declared, that he looked upon it to be her majefly's prerogative to allow or difallow the choice of a fpeaker, but he would not delay the affembly by difputes, when the affairs of the war were fo preffmg, faving to her majefly her jufl. rights at all times. The governor had it in fpecial command to recom- mend three things to the aifembly ; the re-building the fort at Pemaquid ; the contributing to a fort at Pifcata- qua ; and the eflablifhing honourable falaries for the gov- ernor, lieutenant governor and judges of the courts. He had been preffmg thefe things from his firfl arrival, but could obtain neither of them ; and as to falaries, they not only refufed fixing a falary, but allowed him only 500I. per annum, viz. three hundred of it in the fpring and two hundred in the fall. To the lieutenant governor they gave 200I. annually, as lieutenant governor and captain of the caftle ; and although it was more than any Vol. II. K lieutenant 138 THE HISTORY OF [Chap. 11. lieutenant governor has received fince, yet he found it infufficient to fupport him, and this year, by the way of Lif- bon, v/Qut back to England and never returned to the province. A meflage from the houfe this year to the governor, though not very elegant, jQiews the fenfe they had of thefe matters. *' May it pleafe your excelleneyy " IN anfwer ta thole parts of your exceilency's fpeech at the beginning of the feffion, referring to her majefty's diredions for the building a fort at Pemaquid, contribut- ing to the charge of a fort at Pifcataqua, and fettling of falaries, we cmve leave to oier, " Imprimis, as to the building a fort at Pemaquid, we are humbly of opinion, that her majefty hath received niifreprefentations concerning the necelTity and ufefulnefs of a fort there ; wherefore this houfe^in their hu'mble ad- drefs to her majefly, dated th© 27th of March^ 17035 ^i^^ iince twice repeated, did among other things lay before her majefty our reafons why we could not comply with her expedations in that affair ; as " Firil, the Httle benefit faid fort was to us, not being, as we could difcern, any bridle to the enemy or barrier to our frontiers, being out of the ufual road of the Indians, and one hundred miles dillant from any Englifli plantation % and feemed only to make ai- anchorage for a few fifhing boats that accidentally put In there ^ but the expenfc there- on was very great, not lefs than twenty thoufand pounds*. " Secondly, the charge of the faid fort will be fuch that we cannot fee how the province can poffibly fullain it, hav* ing already laid aut feveral large fums of money in raifmg new fortifications at Caftle IHand, &c. which was fet forth in the addrefs and memorial accompanying the fame \ but we underfiiand we have been fo unhappy as that the faid addrefs and memorial did not reach her majefly's hands, becaufe proceeding from this houfe alone, although the addrelTmg. her majefly is a privilege ever allowed to the meanefi of her fubjects. We did therefore, at our feihon hi February lalt, join the council in making our humble riddrefs to her majefty upon the altair aforefaidy which we hope 1705.] MASSACHUSETTS. 139 hope hath fome time fince arrived, to her majefty's favour- able acceptance. " The fecond article is the contributing to the charge of Pifcataqua fort. The fort in that province has beea built feveral years pafl, when it was not defired or thought necelfary that this province fhould afliil them therein. I'he late reforms and reparations made of the fame, as we have been infonned, (lands that whole province about the fum of five hundred pounds, which doth not amount to the quota of feveral particular towns, within this province, towards the charge of the war one year ; and all the nav- igation and trade of this province, coming down Pifcata- qua river, have been charged with a confidcrable duty to- wards the fupport of that fort ; and this province hath always afforded fuch guards as were needful for their haul- ing of mails, timber, &;c. for her majefty's fcrvice, whilll the principal benefit and advantage of the trade hath accrued to that province. And they have never contributed any thing to the charge of our forces, forts and garrifons, or guard by fea, that are as great a fafety and defence to them as to ourfelves ; but the pubHc charge of that government has been much lefs proportionably than the charge of this; which being confidered, we hope no alTiftance will be ex- pected from us towards the charge of the faid fort. " Thirdly, as to the fetthng fixed falaries, the circum- flances of this province as to our ability to fupport the government are at times fo dilierent, that we fear the fet- tling of fixed falaries will be of no fervice to her majefly'ji interefl, but may prove prejudicial to her majefly's good fubjecls here : and as it is the native privilege and right of EngHlh fubjeds, by confent of parliament, from time to time, to raife and difpofe of fuch fums of money as the prefent exigency of affairs calls for ; which privilege we her majefty's loyal and dutiful fubjecls have hitherto Hv- cd in the enjoyment of, fo we hope and pray always to enjoy the fame under our moft gracious fovereign and her fucceffors." The governor then propofed the feveral matters to the council. ift. Whether they advifed to the building a fort at Pe- maquid. IL2 2d. Whether lAo THE HISTORY OF [Cha?. IL 2d. Whether they advifed to a contribution towards the charge of Pifcataqua fort. 'ijd. Whether they advifed to the fettling a fixed falary for the governor and lieutenant governor for the time behig. - And they gave a negative anfwer to each queflion. It was a great difappointment to be able to carry nei-* slier of thefe points, which the miniflry were very much fet upon, and which it is not improbable they were en- couraged might be obtained. Had they been matters lef$ unpopular, yet Ehe governor's v/eight at this time would have been fcarce fuflicient to have carried them through. The prejudices againfl him were great. The people in general looked upon him as an enemy, eveti to the privi- leges of the new charter. Sir Henry Ailiurft procured an original letter, WTote by the governor's fon Paul, who- was then attorney general, to Mr. Floyd, and fent it to New England, in which were thefe expreflions : — " The government and college are difpofed of here in chim- ney corners and private meetings, as confidently as can be — this country will never be worth living in for lawyers and gentlemen, till the charter is taken away— — My father and I fometjmes talk of the queen's eflabliiliing a court of chancery in this country. I have wrote about it to Mr. Blathwait." Copies were difperfed about the province, and the letter was foon after printed. Mr. Dud- ley had no reil the firfl feven years ; befides the oppofi- tion he met with m his adminiflration, endeavours were ufing foon after his arrival to fupplant him, and his ene- mies prevailed upon fir Charles Hobby (who had been knighted as fomefaid for fortitude and refolution at the tim.e of the earthquake in Jamaica, others for the further confi deration of 800L fterling) to go to England and fo- licit for the government. He was recommended to fir H. Afhurll, v/ho at firfl gave encouragement of fuccefs. Hobby was a gay man,. a free fiver, and of very different behaviour from what one Vv'ould have expeded fhould have recommended him to the clergy of New England 5 and yet, fuch is the force of party prejudice, that it pre- vails i7o5.] MASSACHUSETTS. 141 vails over religion itfelf, and fome of the mofl pious rain- iflers ftrongly urged in their letters that he might be ap- pointed their governor inftead of Dudley ; for which Afhurfl himfelf, after his acquaintance with Hobby, re- proves and cenfures them. The governor this year lent Mr. I.ivingdon, Wiiliani Dudley the governor's fon, and two or three other gen- tlemen, to Canada, for the exchange of prifoners ; who brought back with them Mr. WiUiams, the miniflcr, and many of the inhabitants of Deerfield, with other captives. Vaudreuil, the French governor, fcnt a conimilTioner to Bofton, with propofals of neutrality, which vverc commu- nicated to the general court, who did not think proper, to take any (teps towards eifefting it. They wifhed and hoped infread of a neutrality for the reduction of Canada ; whereas the employment given \o the French flrength in Europe might well caufe Vaudreuil to fear the v/ant of protection, and difpofe him to fecure himfelf by a neutral- ity. Dudley, however, kept the matter in fuipenfe with Vaudreuil for fome time ; and to the policy of his negoci- ation it was owing, that the people upon the frontiers enjoyed remarkable tranquillity, and he values himfelf up- on it in his fpeech to the general court. Charlevoix fays, " It was evident Mr. Dudley had no intention to agree, that he was along time in treaty, and at length de- clared that he could come to no agreem.ent without the confent of the other Engliih colonies ; and thereupon Vaudreuil caufed hofiilities to be renewed againll the people of New England. He adds, that the Canadians were much dilTatisfied with their governor, for fuffering Mr. Dudley's fon* to remain fome time at Quebec, under pretence of hnifliirig the treaty, and for permitting a New England brigantine to go up and down the river."t Another negociation the next year had a lefs defiral)le eifect. William Rowfe was fent in a fmall veflel to Nova Scotia as a flag of truce. He tarried there a long time, and brought back only feventeen prifoners. Being fent a fecond * Afterwards colonel Dudley, the governor's youn;reft fou, many ytrais a niemh.r of the houfe, fpeakcr, and then of the council, defcrvedly e(tcemcd and conftanti/ employed in the moft important fervlces of government. f Thomas Hinkley, cl'tjuirc, many years governor ©f Plymouth colony, d^;;^ at Barnflable aged 74. 142 THE HISTORY OF [Chap. IL a fecond time, he brought no more than feven. Much greater numbers were expelled, confidering the time fpent in procuring them. Upon his laft return, it was charged upon him, that inftead of employing his time in redeem- ing captives, he had been trading with the enemy and fup- plying them with ammunition and other (lores of war. Rowfe, upon examination, was committed to prifon. Samuel Vetch, afterwards colonel Vetch, and governor of Nova Scotia ; John Borland, a merchant of note in Bof- ton, and Roger Lawfon, were all apprehended and exam- ined, and bound to anfwer at the fuperior court. There was a general clamour through the province ; and it was ivhifpered about that the governor was as deeply concern- ed as any of the reft ; and fuch reports againft a governor as eafily obtain credit, with many, without grounds as with.* The houfe of reprefentatives took thefirft oppor- tunity of fatisfying themfelves. It was fuggefted there, that the fuperior court had no cognizance of the offence ; and that admitting Nova Scotia to be part of the province, yet it was not within the bounds of any county, and there was no authority but the general court that could pun- ifh it. (The carrying the goods from Bofton, and the confpiracy there, were not confidered.) Befides, no per- fons could be fuppofed to have the public intereft fo much at heart, and none fo like to fearch to the bottom. They thereupon refolved, that the fuperior court had not jurif- diftion, and that a parliamentary inquiry was neceflary ; and, in imitation of the houfe of commons, they framed articles of accufation and impeachment againft the fev- eral perfons apprehended, for traitcroufly fupplying the queen's enemies, &c. Thefe were figned by the fpeaker, and fent by a committee to the council, (June 25) pray- ing " that fuch proceedings, examinations, trials and judgments may be had and ufed upon and relating to the faid perfons as is agreeable to law and juftice." It was expeded that the council fhould proceed as the houfe of lords do upon an impeachment. No wonder the council did not immediately proceed. In trying a capital offence it behoved them to be well fatisfied of their jurifdidion. No * Tam Jii}i praviqtte tenax ([uam nuncia vert. ViR. f7o6.] MASSACHUSETTS. 143 No notice is taken of the affair in the council books for above a fortnight. The governor fat every day in coun- cil, and he flill continued the praclice of directing every day upon what bufmefs the council fliould proceed. It having been reported that the houfe, in their examination of the prifoners, inquired how far the governor was con- cerned, on the 9th of July they palled a vote, vindicating themfelves from an afperfion caft uport-them, as having, in the examination of the prilbners, made it the fird queftion, whether the governor was not concerned with them in the unlawful trivde ; wickedly infmuating that the houfe had fufpicion thereof, which they deelared to be utterly falfe; and they thanked his excellency for his ut- moft readinefs and forwardnefs, upon all occafions, in de- te£ling and difcouraging all fuch illegal trade and traders For this the governor gave them thanks. Before the 13th of July, the houfe were either convinc- ed that the form of proceeding \vas irregular, or elfe that they could not fupport the charge of high treafon, and ordered a bill t;o be brought in for infiicling pains and penalties ; fome moved for a bill of attainder, but the court being near rifmg, a mefTage was fent lo the governor, defiring that the prifoners charged might be kept in clofe cuflody until the next felTion, in order to further proceeding againil them. At the next feiTion^i few weeks after, the perfcns charge ed, with two or three other accomplices of lefs note, were brought upon trial before the whole court ; the govern- or's fon, Paul Dudley, the queen's attorney, fupporting the charge. The prifoners wei^e heard by council in their defence. The court pronounced them all to be guilty, and then proceeded to determine their punilhment. A committee of the two houfes reported a fine of loool. on Mr. Borland and three months' imprifonment ; 350!. on RogerLawfon and three months' imprifonment ; 400I. ou Samuel Vetch and one year's imprifonment ; loool. on William Rowfe, one year's imprifonment and incapacity of fuftaining any office of public truft ; lool. on John Philhps, jun. and one year's imprifonment ; and lool. on Ebenezer Coffin. The houfe accepted this report, wkh an 144 THE HISTORY OF [Chap. II. an addition to Rowfe's punifliment, that he fit an hour upon the gallows with a rope about his neck : but the board difagreed to and reduced all the fines except Rowfe's, and difagreed to the infamous part of his punifhment. After a conference between the two houfes, they fettled the penalties as follows, viz. on Vetch a fine of 200I. Borland 11 col. Lawfon3ooL Rowfe 1200I. and incapac- ity ; Phillips loot and CofEn 60I. all to (land committed until the fines and coils of profecution were paid ; and fix feparate ads palfed the whole court for thefe purpofes. By a claufe in the charter, the general court is empow- ered to impofe fines, imprifonments and other punifh- ments, and in confequence of this claufe the proceeding was thought to be regular ; but the queen did not think fo, and thefe acls were difallowed.* The governor was . under * " At the court at Kenfington the a4th of September, 1707, prefent the queen'a jnoft excellent majefty, his royal highnefs prince George, lord archbilhop of Can- terbury, lord Chancellor, lord Treafurer, lord Privy Seal, lord Steward, earl of Sun- derland, earl of Berkeley, lord blfhop of London, lord Coningfby, Mr. Bertie, Mr. Vice-Chamberlain, lord chief juftice Holt, lord chief juftice Trevor, Sir Charles Hedges, Mr. Vernon. ., " V/hereas by pov/ers granted under the great feal of England, to the governor cr commander in chief of her majelly's province of Maflachufetts Bay in New En- glandy in America, the governor, council and aflembly of that province are authorifed and empowered to make, conflitute and ordain laws, ftatutes and ordinances for the public peace, welfare and good government of the faid province, which laws, ftatutes and ordinances are to be (as near as conveniently may be) agreeable to the laws and ilatutes of England, and to be tranfmitted to her majefty for her royal approbation or difallowance of them. And whereas, in purfuance of faid powers, there have been paffed in the faid province, the 7th of Augufl;, fix adte, intitled, viz. An a6t for the punlfiiment of Samuel Vetch, efquire, for high mifdemeanor. An adl for the puniihment of John Borland, merchant, for high mifdemeanor. An adt for the pun- ifliment of Roger Lawfon, merchant, for high mifdemeanor. An adl for the pun^ ifhment of William Rowfe, mariner, late commander of the floop Ann, a flag of truce in the immediate fervice of her majefly's government of this province, for hig^i mifdemeanor. An ad for the puniihment of John Phillips, jun. for high mifde- meanor. An aA for the puniihment of Ebenezer Coffin, mariner, for high mifde- meanor. The faid feveral perfons above-mentioned having been accufed of trading with, the French and Indians at Nova Scotia ; which faid feveral a6ls having been perufed and well confidered by the lords commiffioners of trade and plantations, who by their report, this day read at the board, humbly reprefent their opinion, that the faid afts are not fit for her majefty's royal approbation, the crimes in the faid feveral ads mentioned being in nowife cognizable before the general aflembly there, in re- gard they have no power to proceed againft criminals, fuch proceedings being left to the courts of law there, in which they may beft be carried on by the ordinary rules and known methods of juftice : her majefty taking the fame into confideration and approving of the faid report, is gracloufly pleafed, with the advice of her privy coun- cil, hereby to declare her royal difapprobatlon and difallowance of the faid ads ; and purfuant to her majefty's pleafure thereupon, the faid ads are hereby repealed and declared void and of no effed. And her majefty is further pleafed to order, and it is accordingly hereby ordered, that the fines impofed upon the faid Samuel Vetch, John 1706-] MASSACHUSETTS. 145 under a difadvantage, any obflrud;ion to the tv/o houfes would have been improved as an evidence of the truth of the reports of his being particcps criniinis ; his compHance did not fatisfy the people. An ill imprcfllon againfl pcr- fons in authority is not eafily effaced. Several perlbns, fome in Bofton, the mod in London, figned a petition,* full John Borland, Rcp;cr Lawfon, William Rowf?, Ebcnezcr Cofnn and John Pliillips, by virtue of the afore-mcnticned adls, be rtftored and paid hack to them, they firft giving fufficient furety, not exceeding the value of the rcfpcAive fines, to frand a new legal trial at law, if theyi fhould hz prcfecuted within a year after their enter- ing into fuch fecurity ; but in cafe they be not profecutcd within the term of one year, for the crimes mentioned in the faid acfts, that the faid fccuritics be void. And the governor or commander in chief of her majefty's faid province of New England, and all others whom it may concern, are to take notice of this her rnajefly's pLafure, and yield all due obedience hereunto accordingly. £o'ivard Soui/jtvell." The power of making laws feems to be undcrftood by the lords of trade to be founded upon the commifTion to the governor. Perhaps a fomi ufed in allowing or difallowing aifls of the royal governments, without tonfidering the charter, v^as ta- ken up for Maflachufctts. * " To the queen's moil excellent maj,'{!:y. •" The tumble petition of your majejiy's mojl loyal f:bjc£isy inhabitants in your majejly s da- millions in America or trading thereto, Jhciveth^ " That colonel Jofeph Dudley, whofe arbitrary and tyrannical proceedings had expofcd him to the jufi refentments of his countrymen before the liappy revolution, hath been ncvertheleis fo fortunate as to obtain the government of the Maflachufetts colony in New England. " That your petitioners are certainly informed of divers unheard-of corruptions and opprefllons, and unjufl and partial pradices of the faid Dudley, on which they might ground many complaints againft him ; but they are fo fcnfible of the immi- nent danger which threatens your majefty's fubjefts in this and the neighbouring colonies, through his mal adminiftration, that they at this time beg leave humbly and fingly to reprefent to your majefty, ♦' That tlxe faid Dudley hath countenanced a private trade and correfpondence with your majefty's enemies, the French of Canada and the Indians which are in their intereft, and furnifliing them with ammunition and provifions- " That the perfons m.anaging the faid correfpondence pretended a voyage to New- foundland, and being arcufed of high treafon by the general affembly of New En- gland, the faid governor, by his intereft and power, .delayed their profecution till the ammunition he had lurnifhcd the enemy was ufed by them to the dcftruAion of yo'.r majefty's good fubjedts, and thai colony thereby put to thirty thoufand pounds charjre. " That many of the beft and moft prudent members of the lower houfe of repr-?' fcntatives being tired with his delays, and necelfitatcd to go home and defend th::r plantations from the enemy, he prevailed v/iththofe that remained, who were f.-ar:c a number to make a houfe, that the accufation againft his agents'ftiould be ch.\n:^i from treafon to mifdemeanor ; and they being convicfted, he laboured to mitiv :c their fines ; all which was fo apparent to the people of New England, that t:.:/ threatened to pull down his houfe. " That he had the confidence, neverthelefs, to apply to the general affembly for an addrefs to your majefty in his favour : but this application was received with a gen- eral murmur and contempt, and nothing done therein. And although hi; hath fince endeavoured to obtain your majefty's good opinion, by collecting a number of names, of perfons under his command and influence, to give him a charadtei", your petition- ers, who apprehend their wives, families and cftates to he in imminent danger under fuch a governor, do therefore humbly pray, that faid Dudley may be fpeedily remov- ed, and that your majefty would be plcafed to give fuch diredlicns thereupon as to your 146 THE HISTORY OF [Chap. II, full of inveQ:ives againfl the governor, which was prefent- ed to the queen. Upon information of this petition, the council and houfe of reprefentatives paiTed votes declaring their fenfe of the injury done the governor by the perfons figning this petition or addrefs.* Mr. Higginfon, who is at the head of the petitioners, w^as originally of New Eng- land and educated at Harvard college ; afterwards he trav- elled to the Eaft Indies, and upon his return became a merchant in London, was a member of the corporation for propagating the gofpel among the Indians of New England, 5cC. and had fo good intereft, that fome perfons of your majefly's great wifclom Ihall feem meet, and your petitioners as in duty liound fnall ever pray. Nath. Higginfon^ William Partridge* Steph. Mafon, John Caivley, Thorn. Taylor, JB. IVright, Richard Partrrdge,\ Thomas Allen ^\ Jofeph BiJkep,Hugh MuJ[on,Alex. H-olmesy Michael Wilfon, John Bur ridge y IVill. IVharion, John Hinds t,\\ Thomas Neivton, John Morton, J. IVright, Francis Clarky Jno. Bulfnch. " Read before* the queen in conncii, at Kcnfmgton, the loth of June, and ordered to be heard, at Windfor, the aSth of the fame month, before her majefty in council." Stephen Mafon was appointed one of the afliflants pr counfellors by the charter. * " Upon reading the copy of an addrefs to her majefly againft his excellency, our prefent governor, figned Nath. Higginfon, &c. Voted, that we firmly believe and are of opinion, that the allegations therein, of the governor's trading or allowing a trade with her majefty's enemies the French and Indians in their interefl:, is a fcan- ♦iajous and wicked accufation ; the contrary being always apparent to all her majef- ty's good fubjeAs under his government, more especially to this board, and in par* ticular to the general officers attending his excellency, as the fecretary and commif- fary general ; his negociations and letters with the agents or meffengers from the French governor or cpmmanders of the neighbourhood being, from time to time, laid before the council and the affembly vi^hen they have been fitting, an7. 1707.] Massachusetts. 153 ^ loath to give over the defign, and fent immediate orders ' for the forces to remain where they were, whilil he con- fidered of further meafures. March was beloved by the foldiers ; befides, his courage was not fufpeded, although his capacity for a general was called in queftion. It was not, therefore, thought proper to recal him ; to appoint a general officer over him would be as exceptionable. An expedient was pitched upon, fuggeded perhaps by the praftice of the Dutch. Three gentlemen of the council ^ were to be fent to the army, with as full powers to fuper- * intend and direct the proceedings as the governor himfelf would have had if prefent in perfon^ Colonel Hutchin- ^fon, colonel Townfend and Mr. Leverett were pitched upon for this purpofe. They embarked the middle of- July in captain Gerrilh, \vith about one hundred recruits and^ feveral deferters, who had left the army at Cafco.* ^tlpon their arrival they found parties formed ; among officers and men no fubordination ; a coldnefs in the offi- cers, and an averfion in the privates to a return to the ground they had left. But, it feems, the governor had made a point of it, that at all events the army fhould go back.f nl find a roiind robin among colonel Hutchinibh*s pa- pers, figned by a great number, peremptorily refufmg to ^ go to Port-royal ; but the ringleaders being difcovered* and fecured, whilil their fentence was under confideration, the refl: humbled themfelves and fubmitted, and the (hips of war and tranfports failed. They (lopped at Paffima- quadi about the 7th of Auguft. March's fpirits were broke and his health affetled, fo that when the dlfpofition was making for landing the army, he declared himfelf in- capable of ading, and the command was given to Wain- wright, * They were not chofen by 'the afTembly ; but to teep the power, as far as he could, in his own hands, and at the fame time obtain a grant for or acqiuefcence in the expenfe, the governor, in this and other itiftances, pitched upcn fuch pcrfons as he kntw would be acceptable. Hutchinfon and Townfend were popular men, and Leverett had been fpeaker of the houfe. f We have fo Ijttle profpedl of any fervice from the marine, after we have taken the ground, that, for the keeping it, we muft have dependence upon our other force, ^ being only feven hundred and forty-three officers and foldiers, Uck, and well ; and they are fo extremely difpirited, that we cannot look upon them equal to three hun- dred efFeiflive men. However, we have your excellency's commands, which we yield ^an abfolute obedience to, and fliall proceed." Cohntl HuHhirfon': Utter to iovfinir PuM.-y, Capo^ ittb July, I707. Vol. IL L^ 154 THE mSTORY OF [Chap. IL •UTight, the next officer. The loth of Auguft they crofT- -^^ ed over to Port-royal where they landed, but on the op- pofite fide to the fort, and in every refped in a much worfe condition than before. The nights were growing cold, the men fickenhig, and the army in general incapa- . hie of fuftaining the fatigues of a fiege. Wainwright's letter to the eommi/Tioners, Auguil 14, lliews the (late they were in : '^ Our not recovering the intended ground on the oppofite fide is^ a mighty advantage to the enemy, in that they have opportunity, and are improving it, for cafting up trenches in the very place where we defigned to land and draw up our fmall forces. Yefterday the French 5 about eight of the clock forenoon, on the fort ^ point, with a fmaii party of St. John's Indians, began to fire on our river guards and fo continued u,ntil about three afternoon ; then appeared about one hundred Indians and French upon the fame ground, who kept continually firing at us until dark. Several were Ihot through their clothes, and one Indian through the thigh. About four in the afternoon, I fuffered a number of men, about forty or fifty, to go down to the bank of the river, to cut thatch to cover their tems. All returned well, except nine of captain Dimmock's men, who were led away by one Mansfield, a mad fellow, to the next plantation to get cabbages in a garden, without the leave and againft the V/ill of his officer. They were no fooner at their plunder, but they were furrounded by at leaft one hundred French r.nd Indians, who in a few minutes killed every one of v them, their bodies being mangled in a frightful manner. ^ Our people buried them, and fired twice upon the enemy ; on which they were feen to run towards Our out-guards next the woods, which we immediately flrengthened. In- ^ deed the French have reduced us to the fame flate to which w^e reduced them, at our lafl being at Port-royal ; furrounded with enemies, and judging it unfafe to proceed , on any fervice without a company of at leafl; one hundred men. I fhal! now give you a fhort account of the flate of our people, truly, as deHvered me by do^or Ellis. There is a confiderable number of them vifited with violent flux- es, and although we have things proper to give them, yet ^■- dare^ ^% ^^^^^^ ^ 4 A^ dare riot do it ; wfe^rs taken with mighty fwellings iqi^ their throats ; ©th^rs filled with terror at the confideratioii ^ ;' of a fatal event of the expedition, concluding that in a '■ ihort time there wilJ no|: be wel} enough to carry off the fick. % ' ^' I am diflreffed to know which way to keep the Indians v t^ fteady to the fervice. They proteft they will draw ofJ^ t! ; whatever becomes of .thenj. It is truly aftonifhing to be- hold the miferable pollure and temper that n^oft of the ' army are in, befides the fmallnefs of our number, to be attacked by the enemy, which \ve ^xpei^ £very moment. ♦ ^^' I am much difordercd in my health by a great cold. ^ 1 fhall not ufe it as an argument to be drawn off myfelf, but, as you are maflers of the affair, lay before you the • true ffate of the army, which indeed is very deplorable. I fiiould much rejoice to fee fome of you here, that you ^ mig^ht be proper judges of it. ^' If we had the tranfports with us,it would be impoffible^ without a miracle, to recover the ground on the other ^ ' fide, and i believe the French have additional ftrengtl;i v £very day. In fine, mofh of the forces are in a diftreSfed ftate, fome in body and fome in mind, and the longer they are kept here on the cold ground the longer it will grow ^ ^ipon them, and, I fear, the further we proceed the yorfe ^ the event. God help us." * iCaptai-n Stukeley had given encouragement, that he 5vould lead on an hundred of his own -men ; but the bad < flate of affairs caufed him to change his mind, and he had '^i •drawn them off before the date of this letter. "* The army continued aftore jiiity -the 20th, 'vvhen they, ^, ^ -rcvembarked. The enemy then attacked them. Our aog^^ ^ counts ifay, that we killed and wounded many of the ene- J^ iivy, and -finally put them to flight. The French fay, tha^t .^ -t)oth retreated by turns. Each feem to have been glad tp' ^ •be rid of the other, i^bout fixteen ^vere killed in the whole expedition, and as many wounded. The French, fmding fo few dead bodies, fuppofed \ve thr^evv them into the fea. j^ m When the-forces rret^Fned, Mr. Dudley .put the bed ^ fiVqe Hjpon their ill fuccefs. ^n his -fpeech to the allembly If «* ^5 # ^TllE HIStcmY OF -^ "PC^iAFjt he- fays, '' Though we have not obtained all that we aefir- ed againll; tjie enemy,, yet we are to acl^nowledge the fat, ^ ^ your of God in preferving'our forces in the expedition^ 4^* aiid profpering them fo ftif as the deftrucliori of the FrencK*^ ' fSftlements and eftates. In and about Port-royal, to a gre^*-^ . ^ JF^^f ? whigh niufl need^ di^;-efs the enemy to a veryiiU ^ ^ great degree.*^^^ • _^ ^_ '• ^^ ? ikj^ court-marpal was judged neceflary^ and orderedybuflJ* ^ ^v^r met* The act of the provlhce for conftituting ^TS'rrs martia! made fo many officers requifite, that it was found impraclicable to hold one.* This muft be owing itOi'the great nuni!r)er of peribns charged, the remainder "being infuiUcient to^lry them^ Whilil: the forces were employed againfl the French, the Indians, kept haraiTingoiir' frontiers. Oyfter river^ Exeter, Kingiloh and Dover in New Hampiliire govern- ment, and Berwick, York, Wells, Winter harbour, Caf* CO, and even the inland town of Marlborough, in Maifachu- fetts, faftained lof|. The winter following paffed without • ^ inolefLation.f"^ Early ijifthe. fpnng, Mr. Littlefield, the ' lieutenant of Wells^,,traveiling to York, was taken and carried to*Canada. J'c^Teveral months after, the enemy feemed to have farfakem the frontiers. It afterwards ap-' V peared that they were colleding their forces in Canada ior fome important ftroke. Schuyler had fuch influence over the French Mohawks,- who kept a conftant trade with Albany,'that they inclined •' ^Q^aaiiore general peace with the Englifh than merely ^ #»'^thof%^f^ ^^w York. The French difcovered their indif-* J^^ '^ference, and, to keep them engaged, a grand council was ^ 'jfc-^alled at Montreal the beginning of this year, and an ex- ** , \ pedition was agreed upon, in which were to be employed V *lt the principal Indians 6f every tribe in Canada, the Abena- kis Indians, and one hundred Medi French Canadians, and a number of volunteers, feveral df whom were officers in 'v the French troops. They were to make in the whole lburv,hundred men. .^ '■ ,^< Dc Sf .*!fGovenior's fpeecli. y ♦ f Noyeml>er'^z7, 1707, died JoIv.-i Winthrop, efquire, goverftor of Conne(Siicut-. und was buried at Bofton, December 4th. The bones of John Winthrop, the firft > jjovepnor of INIaffachufetts, his fon and grandfon, two governors of Conue<5ticut, . 'Veft i#the fame tomb in the firft or oldeft burying ground. " i7oS.] MA^sAcTiU^SETlrS. ^ ^5? ^De Chaillons, at^cf Hertel de Rouville (he whofcicked . Deerfield) cominiindeJ the French, and La Peniere the Indians. To givc^the lefs alarm to the P^nglilh, the PVicnch party,' with the Algonquin and St. Francois and Hurom ■ Indians, marched by the way of the river St. Francois : L:i Perriere and the French Mohawks went by lake Cham- plain : they were^to rendezvous at lake.^Nikifjpiqijej and there the Norridgewock, Penobfcot and other eaitern in^Al dhms were to join them. They all began their march thuV 1 6th of July, but the liurons gave out and returned^bc- * fore they arrived at St. Francois river. One ortli^m had ^ ^ killed his companion by .accident, which they thouglit'an '«^ * ill omen, and that the exp-^dition would prdVe unfortunate. The Mohawks alfo pretended, that fome of ^thejr number ^ were taken fick of an ini^eclious difteiTiper, wfnch wouki ^ be communicated to the rerts'Vnd they returned Vau- dreuil, when he heard thefe accounts, fent^orders t6 his French officers, that, .although the Algotiqnin aind S1. Francois Indians fhould leave tliem alfo, yej they ihouUl go on, and fall upon fome of .our fcattered.fettlenfents. ^ When the Indians are tired of murdering^oor hclplefi^ ^ women and chjiidren, VaudreuTi employs his French offi- '' cers to do it.^ Thofe Indians, idwever, did* not^eave^ them, and, bemg about two hunclred in all^ they marcljetl between four and five hundred «niles through th^^woods to Nikipifique, where theyjfoun^ none of i^he eaftern In- dians. This was a happy dirappulutiuent fjr the En-^liih. Had the whole propofed nuiiTiber rendezvoufed there, Newbury, or perhaps Ponfinp^ih, miglft have been fur- ^ prifed and deflro^eJ ;'but the army being thu> reduced, p. Haverhill, a fmall but coiiip.ifl village was p"t(^ied upon. ** Intelligence had been carriecj. to Bolton that aA atmy of eight hundred men was-, intended for feme part of ihe frontiers, but it was uncertain which. Guards were it:i\t^ toFIaverhill as well another places ; but they wxre U31U3 in »* th^^e moil expoied'parts of the town, and the ^nemy avoided '^ them or paffed ondifcovered, a'nd the 29th of A'uguit^ about break of day, furpriffd the body of the town adjoining I ^" to Merrimack riVer, where w^re twenty or thirty houfes ' together, fevcral of which they burned, and attempted to burn ^ 158 **^%Hl^Isf 5r^^ of [Chap. U, ^ ♦feurrf' tlie meeting-houlfe, but failed. The reft of thft t houfes they ranfacked and plundered* Mr. Rolfe, the ^inifter, Wainwright, the captain of the town, and thirty '^dr forty more, the French fay above otie hundred, were ,^ killed, and many taken prifoners. Mr. Rolfe's maic^ jumped out of bed upon the alarm, and rati with his tw5 , daughters of fix or eight years old into the cellar, and' ' '^^ covered tljem with two large tubs, which the Indians neg- lected to turti over, and they were both preferved.* Three very good officers were at that time in the town, ma- *. jor Turner,! captain Price, and captain Gardner, all of Sa-» iem, but moft of their men were pofted at a diftance, and before any fufficient number could be colle£ted the mifchief was done. The enemy, however, was purfued, ovettaken and attacked jufl as they were entering the woods. The French reported when they got back that they faced about, and that our people, being aflonifhed, were all killed OT taken, except ten or twelve, who efcaped. The truth is^ that there was a brufh which lafted about an hour, and that the enemy then took to the woods, except nine who were left dead, among whom was Rouville's brother, and another officer. Many of the prifoners were alfo recov* ered. The governor, in his fpeech to the affembly, fays, * ' *' We might have done more againft them if we had fol- lowed their tracks." The return of the French Mohawks might be owing to Schuyler's negociations with them, which, it may be faid, he would have had no opportunity for, if it had not been for the neutrality between them and Albany ; btit, on the other hand, not only thofe Indians, at other timesy ^ but even the Penobfcots and Norridge,wocks were enabled, by this neutrality, to make their inroads upon us. The ^^ governor of Port-royal, in a letter to the count de Pont- chartrain, fays, " That the Michmacks were quite naked, and the KennebeckansJ and Penobfcots would have been fo too, if they had not carried on a trade with the Indians of Hudfon's river, or rather, by their means, with the Eli- glifh, * One was afterwards wife to the late colonel Hatch, of Dorchefter, and is lately ieceafed; the other ftill living, the wife of the Re-.-. Mr. Checkley, fen. of Bofton. f Afterwards colonel Turner, a principal merchant of Salem, and many year*- a member of the council. I Mo+ridgewoclis. i7o8.] MASSACHUSE^TTS. 159 glifh, who allowed a crown a pound for beaver, and fold their goods very reafonably.'* Charlevoix jullly remarks upon it, " Thus our own enemies relieved cur mod faith- ful allies when they were in necefTity, and whilll they were every day hazarding their lives in our fervice/* The Maflachufetts general court alfo, this year, in an ad- drefs to the queen, fay, " A letter from M. Vaudreuil, governor of Canada, to the late governor of Poit-royai, was fometime fmce happily intercepted, and came to our governor's hands ; wherein he writes thus, namely, that he endeavours to keep all quiet on the fide of Orange or Albany^ having command from the king his mailer not to have any quarrel with your majefly's fubjetls on that fide, or with the Mohawks, which he hath ftridly obferv- ed. And they are in a profound peace, having met with little or no lofs on the land fide, either in men or ellaies, this w^r." The enemy were fatisfied with their fuccefs at Haver- hill for this feafon, and, except now and then a llraggling Indian, none of them appeared again *upon the frontiers this fummer. The party againfl the governor Hill purfued their fcheraes in England for his removal. Afliurll engaged a committee of the kirk of Scotland, who came up to London to fettle fome affairs with the queen's council, to ufe their interefl that Dudley might be removed and a new governor appointed ; and he was very fanguine that this would do the bufinefs, and that Hobby would be ap- pointed, though not fuch a perfon as he could wiili ; but t/je earth, he fays, 7nuji help the woman : which too often means no more than ivc mu/} do evil that good may come of it. In the province, the governor's interell was fl:rength. ening. Some of the old fenators, who had been difaf- feded to him, were left out of the council. Oakes, whom he had negatived as fpeaker, and one other mem- ber for Bofl;on,^loft their eledtion, and John Clark ai^u Thomas Hutchinfon, two young gentlemen of the tovAiij who were under no prejudice againil him, came into the houfe in their flead ; and although this year Mr. Cooke was again chcfen one of the council, it was the lafl effort. 'Ihe i5o^ THE HISTORY OF [Chap. IL The governor perfifted in negativing him, and at the fame time negatived Nathaniel Paine, of Briftol ; but he had fo accuftonied them to negatives, that they gave lefs of-, fence than they virould have done after long difufe. The principal fubjed of the affembly's addrefs, which we have jufl before mentioned, to the queen, was the reduction of Canada and Acadie by an armament from England, to be alTifted by forces raifed in the colonies. Vetch, who the laft year was charged as a traitor, this year appeared before the queen and her minifters folicit- ing in behalf of the colonies ; being able to give a full information of the condition of the French in America.* Early in the fpring, Mr. Dudley was advifed, by letters from the earl of Sunderland, that the queen had deter- mined upon an expedition, and Vetch, made a colonel,, came over with inflruftions to make the neceflary prepa- rations. The plan was extenfive. The French were to be fubdued, not only in Canada and Acadie, but in New- foundland alfo. A fquadron of Ihips were to be at Bof- ton by the middle of May. Five regiments of regular troops v/ere to be fent from England, to be joined by twelve hundred men, to be raifed in Maffachufetts and Rhode liland, and the governments were to provide tranf* ports, flat-bottomed boats, pilots, and three months' pro, vifions for their own troops. V^ith this force, Quebec was to be attacked j at the fame time fifteen hundred men, propofed to be raifed in the governments fouth of Rhode Illand, which were to march by the way of the lake, were to attack Montreal. The men affigned to Maf- fachufetts to r^ife were ready by the 20th of May ;i^ and Vetch gave a certifigate under his hand, that all the govr ^ ernments * Auguft aift, this year, died Ezeklel Cheever, venerable "not merely for his great age, 94, but for having been the fchoolmafler of moft of the principal gentlemen in Bof-, ton v/ho were then upon the ftage. He is not the only mafter who kept his lamp, longer lighted than otherwife it would have been, by a fupply of oil from his fcholars. John Higgtnfon,the firll minifter of Salem, who came over with his father in 1629 at the ngQ of fourteen or fifteen, lived until the 9th of December, 1708, having alfo teen minifter of the fame church from the year 1660. His early days he fpent in ConneAicut colony, and in 164I was chaplain to Mr. Fenwick and lady Botcler, at the fort at Saybrook. Tuefday the 1 4th of December was remarked as the coldefl day ever known in the country from its firft fettlement. f The tranfports and nine hundred troops, raifed by MafTachufctts, were kept ic pay from the aoth of May to the beginning cf November. I70Q.] MASSACHUSETTS. .i6r ernments concerned had cheerfully and punclually com- plied with the orders given, except Pennfyivania !* It was left to lord Lovelace, governor of New York, to appoint the general officer t for the fifteen hundred men, but by his death the power devolved upon Mr. Ingoldlby, the lieutenant governor ; andNicholfon, who had been lieuten- ant governor of New York under Andros, and afterwards ' lieutanant governor of Virginia and Maryland5being then in America, was pitched upon as a proper perfon, and march- ed with the forces under his command as far as Wood- creek, there to wait until the arrival of the fleet at Boilon, that the attack on both places might be made at one time. The tranfports and troops lay waiting at Bofton from May to September, every day expeding the fleet. No intelli- gence coming from England, Vetch being fenfible it \vas too late to go to Canada, propofed a meeting, at New London, of the governors of the feveral colonies, to con- fider in what other way the forces railed fliould be employed againlt the enemy, that the expenfe might not be wholly loft ; but Nicholfon unexpectedly returned with his men from Wood-creek, and he and Vetch and colonel Moody met fome of the governors at Rhode Ifland. Two or three days before the Gongrefs, (Odober i ith) a fliip ar- rived at Bofton from England, with advice that the forces intended for America were ordered to Portugal, and with diredions to confult whether the forces raifed in America might not be employed againft Port-royal, the (hips of war of which there were feveral then at Bofton to be aid- ing and afiifting.J There was no great honour or profit. to be expelled by the captains of the men-of-war, if the expedition fhould fucceed, nothing more being required of them than to ferve as convoy to the tranfports, and cover to the forces at their landing ; therefore two of the frigates, whofe ftation was New York, failed immediately from * Pennfyivania, at that time, principally confifted of the people called Quakers, and we are to impute their backwardncfs to a religious principle or pcriuufion, and not to difafFedlion. [f 'I'he other governors had a voice, and concurred in his appointment.] \ It is faid in one of the articles of lord Oxford's impeachment, that an expedition againft Canada, having been frequently deliberated upon and maturely confidered in a conamittee of council, was hid afide a? dangerous and impradicable ; but there can be no doubt that an expedition was fully determined upon this year, and wus laii alide upon an unexpeded charge of affairs in Europe. ^m xsl THE HISTORY 0¥ [Chap. IL from Bofton without taking leave of any body, and the commanders of the reft, Mathews (afterwards admiral Mathews, who was then commander of the ftation Ihip at Boflon) only excepted, peremptorily refufed. As fooa as this was known to the two houfes, the court being fitting, they defired the governor to difcharge the tranfports and difband the men, it not being fafe to proceed without convoy. This was a heavy charge upon the province, without any good effed:. It was indeed late in the year for the attempt againfl Port-royal, but then the profped o£ furprifmg the enemy was fo much the greater, and if it had happened otherwife and the forces had returned with- out fubduing the place, it would have caufed but little in- creafe of the expenfe. Whilfl Nicholfon lay at Wood-creek, the governor of Canada, who had intelligtence of all his motions, fent out an army of fifteen hundred French and Indians, who left Montreal the 28th of July, N. S. and the three firfl days advanced forty leagues towards the Englifh camp ; but upon a report that they were five thoufand ftrong, and upon the march to meet the French, and there being dif- cord at the fame time among the French officers, it was thought beft to return to their advanced pofts, and wait ^ to receive the Engliih there. Had they proceeded, they 4 were equal to the Engliih, better acquainted with the country, would have come unexpeded, and the event would at lead have been doubtful for us. Charlevoix gives an inftance of the treachery of the Indians of the Six Nations, and of their intention to de- ■ftroy the whole Englidi army. Speaking of father Ma- reuilj who had been a prifoner at Albany, he fays ; — \ ''" This miHionary having bqen exchanged for a nephew of the principal officer at Albany, we learned from him all the circumftances of that affair, and to what New France owed her deliverance from the greateft danger to which fhe had been at any time expofed from that quarter.'* Then having mentioned a grand council of the Indians, held at Onondago, where all their general meetings upon important matters were held, he goes on ; " The Onondago, one of the old men of that nation, who was thp ^ 1709.] MAS ^.ACHU SETTS. 163 ^^ the fpeaker, alked whether it was out of their minds that they were lituated between two potent people, either of * '^Tiwhich were capable of totally extirpating them ; and that it would be the intereil of either to do it, as foon as they fhould have no further occafion for them, it beliovcd them therefore to be very careful that they did not lofe ^ ^ ^ their importance, which they would do, unlefs each of J • thofe people were prevented from deilroying the other. ^* This harangue made great impreflion upon the alLmbly, and it was refolved, upon this occafion, to continue the political condud which they had hitherto oKerved. Ac- w cordingly, the Iroquois, when they had joined the En- gliih army, and found, as they imagined, that it would ^^ , be ftrong enough to take Montreal, employed their whole *f ^ ^ the camp, which foon corrupted the water. The Englifh |^ never fufped:ed this treachery and continued to drink the ■* ^m water ; but it caufed fuch a mortality among them, that g^ ^ father de Mareuil and the two officers who went to fetch ^ •yC * him from Albany to Canada, judged by the graves that ^ ■' there mud have been at leaft a thoufand buried there." .^Jf . Nicholfon certainly decamped fooner than w^as exped:-v ^ ed, which caufed fome difTatisfaclion. The army was in a bad flate. I have a letter dated New York, November 4 4th, 1709, which fays, that many of the foldiers who were at the lake died as if they .had been poifoned. Although the French were in conftant expectation of being attacked themfelves, yet it did not take them off ^ from employing fome of their flrength this fummer -^ againft the New England frontiers. Iil^ April, a man waS* taken prifoner at Deerfield. In May, feveral men were furprifed and taken as they were paffmg to a fa w mill in Exeter ; and in June, one of the Rouvilles, with one hundred and eighty French and Indians, made another * ♦ attempt upon Deerfield, to deftroy or carry away prrifon-^ "Wood-creek. ri^ i;64 ' THE HISTORY OF [Chap. IL > ers the poor people, who but a little while before had re- turned from their captivity; but the enemy was difcovered at a diilance and beat off, the inhabitants bravely defending themfelves. The town of Brookfield, in the weft, and Wells, in the eaft, foon after loft fome of their people by fmall parties of Indians.* ^ 4 Nicholfon went to England in the fall, to folicit a force | againft Canada the next year, and an expedition feems to have been again refolved upon. Advice was received in New England, that in July lord Shannon, with a lifeet ^ deftined for that fervice, lay under orders for failing, but ^^ that it was feared the wefterly winds would detain him "^ until it w^as too late. Port-royat, which did not require fo great force, and which might be attempted late in the year, was afterwards made the only objed. The Dragon and Falmouth, with a bomb-ftiip and. a tender,^' and twp' or three tranfports, left England in the fpring, and Nicholfon was on board one of, them. They arrived at ' Bofton, July the 15th, and feem to have laiiiAvaiting thei^|5 ^ for orders, or until it fhould be made certain whether they were to be joined by any^ further force from En- gland.! On the 18th of September a fle^t failed from | NantaHvet for Port-royal, confifting of three fourth rates, viz. the Dragon, commodore Martin ; the Cl^efter,| Mat- thews ;t the Falmouth, Riddle ; two fifth rates, the Loe- ftaffe, Gordon, and the Feverftiam, Pafton, together with the Star bomb, Rochfort, and the Province-galley, South- ack, with fourteen tranfports in the pay of MafTachtifetts, five of Conne6licut, two of New Hamplhire and three of Rhode Ifland. Thefe, with the tender and tranfports from^ England, * Feb. 24th, 1709, Jofcph Hammond, of the council, died at Kittery. " ^ f Thefe ftiips being feen in the bay, and no certainty of any fleet intended f?oni England, the ufual fignalJor an alarm was given at the Caftle, and the militia in Bofton was kept under a^ms until evening, when news came that they were Engliih ihips. The like happened upon the arrival of a fleet of fmall merchant yeffels from Sal- tertudas a year or tv/o after, but the confternation was greater and more exten^ve. 'Ihe number of fhips fecn oil Plymouth was reported to be very great, and fome of them, it being war time, were fitted with mizen-top-gallarttfails arid fpreetfail-top- falls, and other unufual fails for merchant-men, and no doubt was made of their be-, ing capital French mefl-of-vvrar. The country were coming in, when one of the^ fmall vefTels arrived and informed of the rell. tf' t "^'lic CheHer failed a fliort time befoVe tlie rtfl as a cruifer, and joined theih o» the paflage. ,. * , *V#. ^. tyio.] MASaAGHU SETTS. * 165 ' England, made tftirty-fix fail. There was a regiment 6f " ^ marines, commanded by colonel Redding, and four regi- I5 ments raifed in New England, two commanded by fir ' Charles Hobby and colonel l\iiler of Mailachufett^ one by colonel Whiting of Connedicut, and one by colo- '^'*'\ ♦ nel Walton of New Hampfliire. Nicholfon was general and Vetch adjutant jgenelaL One tranfport, captain Taye, ran afliore at the mouth of the river and was lolt, and *i^ere' landed without any oppofition. Subercafe; the governor, had only two hundred and fixty men, and mofi: of them he was afraid to truft out of the fort, left they flioiil^ defert to the EngliOi. As the army was marching up to 'the fort, feveral men were killed by the inhabitants, who fired from their houfes and from behind their fences, and made their efcape ; and for three or four days, whilft,. ^ ^ j^the neceiliiry preparations were making by the Englifii, ..^ *^he French threw (hells and fliot from the fort, and tha bomb-fliip, on the other hand, plied the French with her o^- Ihells. ' It was commonly faid, after the return of '.the forces to Boflon, that early intimation was given to the^ Englifh that they would meet with no great difficulty, a . .. .^ >^ decent pretence for a fur render was all that was defired. '^ ' •^^. On the 29th, the governor fent out a flag of truce, pray- ;' ' ^ ihg leave for fome of his ladies, who wer6 afraid of tln^ ^ ' bombs, to be fheltered in the Engliih camp. The officer., ^ ^ „ not obferving the rules of war, was put under arreft, anU. ^ an EngHfh officer fent to the fort to acquaint the governor ^ "udth the reafons of it. The firfl of Oclober, the two en- 5 gmeers, Forbes and Redknap, had three batteries open, ' two mortars and twenty-four cohorn mortars ready, with— ' ' . in one hundred yards of .the fort, and began their firing T %, the French firing their fhot, and throwing fliells at the ^ fame tinie. The fame day, colonel Tailer and captain Abercromble were fent, with a fummons to furrender, '-. and in confequence thereof a ceilation of arms was agreqilL -• ^ upon, and the terms of the capitulation were foon fettled, ^ ^ and^e next day the following articles figned. ^ ' -it *a^ -^ •^" '' Articles m J ^ t66 THE mSTORYIOF^ ^ ' t *^ ♦ *' Articles of capitulation agreed upon for the furrender efthe ^ fort at Port-royal^ ^c, betwixt Francis Nicbolfon; efquirfy f general and commander in chief of all the forces of her ^ t • ^^^ ■' facred majefly Anne^ queen of Great Britain^ hfc. and ^A * ' monfieur Subercafe^ governor ^Is'c, for bis mofi ChriJHan ^rnaj^' . . m -^^ ^- \, THAT the garrifon fh all march out with their arms and baggage, drums beating and colours flying. 1i *'^ ^ ..r, 2. That there fhall be a lufficient number of fhips and' jjl i^ provifions to tranfport the faid garrifon to Rochel or • ^ Rochfort, by the fhorteft paflage, when they ihall be fur- ^&^; r^nifl^ed with pafTports for their return, d < 3. That I may take out fix guns and two mt)rtars5^'fuch^ ■ ^as I Ihall think fit. 4. That the officers ihall carry out all their cffeds, of what fort foeyer., except they do agree to the felling them ; ** '^ 'the payment of which to be upon good faith. t Jjjr 5. That the inhabitants, within cannon-ihot of Port •% | jj^^^y^^5 ^^^^ remain upon their eflates, with their com,' * \ % cattle and furniture during two years, in cafe they are not ^ ''■' defirous to go before, they taking the oaths of allegiance and fidelity to her facred majefty of Great Britain. j^^l 6. l^iat a veifel be provided for the privateers t)elong- ''ftg to the iHands in America^ for their tranfportation thither. 7.. That thofe who are defirous to go for Placattia in Newfoundland, fliall have leave by the neareft paflage. 3. That the Canadians, or thofe that are defirous to go %^ "Sphere, may, for during the fpace of one year. p 9. That eiFeds, ornaments and utenfils of the chapel I # and hofpital fhall be deliverd to the alrnoner. v^ ^ ^# ^^' ^ pi"oniife to deliver the fort of Port-royal into tlic W Bands of Francis NicholfoUjefquire, for the queen of Great ^Britain, within three days after the ratification of this ■ prefent treaty, w-ith all the eifeds belonging to the king, ,as guns, mortars, bombs,, ball, powder and all other fmall ferms; II. I will difcover, upon my faitb^ all the mines, fu- ^gaifes and cafemates. <^ ^^ 12. All the articles of this prefent treaty fhall be exe- Q^te^ upon good fafth, without difficiilty, and figned by ^ ' . " ^each tyio.] MASS'UCHUSETTS. 167 ^ each other at her majelly of Great Britain's camp before '*^j Port-royal fort, this fecond day of Odober, in the ninth year of her majefty's reign, ilnnoque Domini 1710. < Francis Kicholfon, Subercase. IvIemor-andum. The general declared, tliat within cannon-fhot of Port-royal, in the fifth article abovefaid,is \.o be underftood three Englifli miles round the fort, to be. Annapolis-royal, and the inhabitants within three miles to have the benefit of that article. Which perfons, male and female, comprehended in the faid article, accordiug to a lift of their names given in to the general by M. Allen, amounts to four hundred and eighty-one perfons/' h The Englifli loft fourteen or fifteen men in the expedition, befides the tvi^enty-fix drowned when the tranfport wasi loft. The fort had been neglected and was in a very bad ftate. Subercafe told the general " he was very forry for the king, his mafter, in lofmg fuch a ftrong fort and the territories adjoining.** This was the compliment to Nich- olfon, but il was in no condition to ftand a fiege. Char- levoix fays, Subercafe's character fuffered a great (liock. He mentions feveral adions w^^ich our accounts take HO notice of — " The troops being landed, and nothing to oppofe their march, went on towards the fort ; but when they came within reach oi the cannon, the governor cauf- ed io fmart a firing as put them to a ftand, killed a great many of their men, &c.** Again — " The eighth, N. S. M. Subercafe, having obferved the fpot where the enemy were about to txtOi their batteries, made fo lucky a fir^ , that Mr. Nicholfon, after having loft a great many men, was obliged to retreat." The general having left a fufficient garrifon under the command of colonel Vetch, v/ho was deftined, in cafe of fucc-efs, to the government of the country, returned with the fleet and army to Bofton, arriving there the 26th of Odober. Whilft the forces were at Port- royal, it waB thought proper, at a council of w^ar,to fend Caftine, whomi fuppofc was in the fort, and major Livingftone,to Canada, througii the country, with letters to M. Vaudreuil, acquainting him that the country of Acadie was fubdued, and that all <*< ^ J63 ; triE- HISTORY OF [CHAf-. It. the inhabitants, except fuch as were within cannon-fhot of the fort, were prifoners at difcretion ; and as the coun- cil had been informed that he had often fent out his bar- barous Indians to murder the poor innocent women and children upon the frontiers of New England, if he con- tinued that practice they would caufe the fame execution upon the people of Acadia or Nova Scotia, now abfolute- ly in their power ;* but they abhorred fuch barbarities, and hoped he would give them no further occafion to copy after him, but rather would releafe and fend home fuch prifoners as had beeti taken by the Indians. After a mod fatiguing, hazardous journey,! having three Indians for their guides, they arrived at Quebec. The governor fent his anfwer to the meffage by two parti- %'^ zans, Rouville and Dupuis, by land through Albany, that H they might be acquainted with the country and more fit ^j to be employed in making war upon any future occafioti.| The fum of the anfwer was, that Nicholfon had been fo ^ well taught the laws of war as to know that they did not y; admit of reprifals upon fuch inhabitants as had furrender- ITf e.d upon an exprefs promife of being well treated.- That rit he, Vaudreuil, never knew the French charged with inhu- manity, and he was not afraid to appeal to the Englifli prifoners, within his government, againft fuch a charge ; li* "^ they had often been redeemed from the Indians at great Htj^ expenfe^ M^, * This wonld have heen rather a harder cafe upon the poor jAcadians than any *^ they have ever been obliged to fubmit to. ^ Ajf v^ 1 1 have Livingilonc's journal. He v.'ent about the middle of 0(5lober from Port- V '^ royal to Penobfcot, where he was kindly entertained by Caftine, at his own houfe ; •-^^ " • and fr«m thciice went up the river in canoes^ until they came to an ifland where ' Z**^ * was a great bbdy of Indians, men, \vomen and children. Here an Indian, being in ' * a rage becaufe fome Englifh prifoners had run away with his canoe, feized Livihg- "^f^ llone by the throat, and would have difpatched him with a hatchet, if Ciftine had not thrown himfelf between them and refcued him. The Indians would not fuffer them to proceed for feveral days. At length, November 4th, they fet out in their canoes, and ttie next day the canoe the major was in overfet, and one of the Indian guides was drowned. Soon after, the water beginning to freeze, the ice fo jfs jj' TV( Ihattered their tender velTeiS and made the pafling fo difficult, that they were oblig- '*' ^ed to betake themfelves to the land and to travel by their compafs, through a coun* ?^try fo thick with fpruce, cedar and pine wood and underwood, as to be fcarcc k f** ji paffable, andthe greateft part of the way broken and mountainous land. They JK^ * \vere above a fortnight without the fight of the fun, the weather being ftormy ot foggy the whole time. They had fpent their provifions fix days before they came ^ A^ "■ to any French fettlement, and lived wholly upon mofs, leaves and dried berries. i J^ ; At length, tlie i6th of December, they arrived at Quebec. Mt:^ "t tCh:irlew,x. % J7IO.] lilASSACHUSETTS. i6g €xpenfe, and out of pure charity. Indeed, the Indians themfc'lves ordinarily did not treat them ill ; but let that be as it would, the French were not accountable for the behaviour of the Indians : it was not his fault that this Unfor lunate war was not over a long time ago, and all the miferies which had been the'confequence mufl be attrib- uted to thofe who had refufed the neutrality betv;cen ihe two colonies. He was very ready to agree to the exchange of prifoners, but he had not the command of thofe which were in the hands of his Indian allies. As for the menace, of delivering up the Acadians to the In- dians of Ne>v England if the Indians of New France fhould refufe to deliver the Englifh prifoners, it was contrary to all the rules of juflice and humanity, and if it fhould be carried into execution he fhould be obliged to do as much to all the Englifli he had in his power. This vras all the cffeci: of Livingflone's mod fatiguing, hazardous journey. The affair of the agency in England has, often occafion- cd a divifion and contention in the general court. They who have ferved the province well and done every thing in their power, have not done enough. If our rights and claims do not appear in the fame light to thofe v/ho judge of them in England, as they do to ourfelves, we are too apt to attribute it to the want of fkill or fidelity in thofe who appear for us. At this time, a change ia the agency was agreed upon from a different caufe. The change of the minidry in England was as alarming to New England as to any part of her riajefty's dominions. Mr. Phips was deeply engaged in the new meafures. There could not then have been any apprehenfion of his removing to Ireland ; but a whig people would not be fatisfied with a tory agent. Sir H. Affiurll never had any great powers, and he was now declining in age and health. The party that ufed to fupport him fet up his brother, fir WiUiam Affiurft, a gentleman of fuperior chara6ler and real worth. Mr. Dudley did every thing in his pow- er to prevent the choice, but when he could not prevail made a merit of accepting it. An addrels to the queen was fent to fir William, but he refufed the agency ; h« was well acquainted with the flights put upon his brother. Vol. it. M and r'-ja THE HISTORY OF [Chap; ft and the little or no reward given hiin for fo long ferviceSe When he excufed himfelf, he recommended a New En- pland young gentleman, then in London, Jeremiah Dum- mer,* who alio procured from th€ principal merchants in London, tradmg to New England, letters in his favour. He waxS not at that time acceptable to Mr. Dudley, and in a meffage to the alTembly he advifed ihem to choofe Henry Newman,! a New England man, then in London alfo, a perion of great p-robity, who had lived fome yeai^ in the duke of Somjerfet's family, and who afterwards was fecre- tary to the fociety for promoting Chriftian knowledge ; but the choice fell upon Mr. Dummer and the governor did not think proper to negative him. Mr. Dudley found means to remove the prejudice of fir \¥illram Aihurfl. From this time, all his letters are ia a dliferent (train from what they ufed to be, and he repre- fents the times to be fuch, that there was no profped: of a better governor, and advifes the people, if they could be tolerably eafy, not to run the ripK: of a change. This was^ not the only tim'e when fuch a word of advice, to this, as well as other colonies, would have been feafonable. Mr. Bummer, who was attaching himfelf to the new minillry and had great favour Ihewn him, engaged alfo in Mr. Dudley's interefl. Mr. Phips, who at firft: oppofed him, had for fome time been very friendly to him» It was a rule * Mr Dummer's grandfather, Ricliard Dummer, wa^ an afTiflant the year when Mr. Vane was governor ; but, being of the governor's party, was left out, with others of the fame fidS ; and -rved many years after, maintaining a fair character •and acquii-ing a good eftate, at Newbury. His father wa^ an a6iing juftice of peace in Boflon. Mr. Dummer, befides the advantage of bright natural parts, had been •■•/.M-y well educated. The college at Cambridge fitted him for the Univerfity of Utrecht, whcxe he fpent fome years, and received a doctor's degree. After that, he- rcturnt- d to New England : but finding no profpeA of employment there that would l>e agreeable to him, he went to England, where he arrived a little before the change of queen Anne'sminiftry. Contrary to the expectation of his countrymen and con-' ilituents, he devoted himfelf to the perfons in power, was employed by lord Boling- broke in fome fecret negociations, and had aifurances of promotion to a place of honour and profit, but the death of the queen blafted all his hopes. His letter to a noble lord upon the Canada expedition, and his defence of the New England char- ters, will tend morfe to perpetuate his memory in his country, than all his fervices in tac agency, which wci-e far from inconfiderable. Mr. Dummer conformed to his patron, lord BoHngbroke, ia religion as well as pohtics. In the latter, he left him, upon the change of time-. : in the former, he is faid to have adhered to him to the end of his life. He died in 1739. The tranflation of the travels of James Maflcy, wrote to encourage fccpticifm and infidelity, was dedicated to Mr. Dummer. SomCj. who did not know they were onginall^' wrote in French, fuppofed he was the author»- I rifr, Newman was many ytars agsnt for the proviiice of New Hampfhirs,- ^710.] MASSACHUSJETTS.. iyi rule with him to gain his enemies, he was fure of his friends. It requires much of that art and Ikill, of which he is faid to have been mafter, to render this rule, for any length of time, fuccefsful. He happened alfo, as we have obferved, when he was in England to be known to and favoured by Mr. Harley, and his interefi; there w^as lb ef- tablifhed, that he was no longer in danger, until the death of the queen caufed an entire revolution, both as to men and meafures. In the province, fome reports againi^h him were of fo grofs and criminal a nature, that although they might find fome ready to believe them at firH, yet time alone had funk the credit of them, and the remembrance of lefler matters funk with it, and the lad days of his adminiftration were his bell: days. This year, the enemy made their firft appearance, in the fpring, at York, but found the inhabitants upon their guard. In June, colonel Hilton, of Exeter, being in the woods with eighteen men, was ambufhed by a par- ty, who fired and killed the colonel and two of his com- pany, and took two prifoners, the reft efcaping. HiU ton was a good officer, and had behaved well with Church, in 1704, and upon other occafions ; but at this time was off his guard. One hundred men went out upon the alarm, but had no other fuccefs than to bring in the dead mangbd bodies to a decent interm.ent. A few days after, fixty or feventy French and Indians appeared in the fkirts of the town of Exeter, but were alarmed by the firing of a gun, and went off with four children only, which they picked up in the ftreet or road at play, to the unfpeakable diftrefs of their parents upon receiving the news. In their retreat, they killed one man and took another prifoner. They then travelled weftw^ard and kill- ed feveral of the inhabitants of Waterbury and Simfbury in Connedicut, flruck dowm upon Brookfield and Marl- borough, and from thence to Chelmsford, where major Tyng was (lain, an officer refpeded for his prudence and courage. The 2d of Auguft, about fifty Indians came upon Win- ter harbour, and hovered about the place fome time, until they had killed four or five and t^iken eight or ten M2 of 1^2 THE HISTORY OF [Chap. IL of the inhabitants. They infulted the fort, and found the garrifon too many to be taken \ but not enough to fally out and attack them. October the firft, feveral per- fons, as they were going X.Q meeting at Berwick, were waylaid, one of them killed, another had his horfe Ihot. under him, the reft efcaping. The loth of the fame- month, Bomazeen, with lixty or feventy more Indians, appeared at Winter-harbour, killed three or four and took as many captives ; one of the latter was Johnfon Harman, a noted officer in expeditions, the next war, againfl th© enemy. The Indians, after they had done the mifchief, fent a fiag of truce to the fort, and offered to ranfom their prifoners, if a veffel fiiould be fent to Kennebeck river to receive them. Our forces had been fcouring the v/oods all the fum- mer, but the parties of the enemy avoided them. To- wards winter, colonel Walton, after his return from Port- royal, with one hundred and feventy men ranged the ealtern country, and killed a Norridgewock chief and fix or eight others^ He made a fecond march to Winnepifi- aukee without any fuccefs \ but in the mean time, the Indians he was hunting after were feeking for th^ir own bloody game, more or lefs of which they met with at Cocheco, York, Weils, &c.'* After Port-royal was reduced, Nicholfon went to En- gland to folicit another expedition againll Canada ; and^ although his intention was known, there feemed to be no expectation that he would fucceed. The New England people we have obferved were all whigs, and fuppofed the tory miniftry to be determined upon a peace, and rather difpofed to fuffer France to recover part of what flie had loft, than to make further acquifition from her. And there was a general furprife at Nicholfon's return to Bof- ton, the 8th of June, with orders from the queen to the feveral governments of New England, to New York, the Jerfeys and Fennfylvania to have their quotas of men in readinefs for a fleet which was expelled to arrive a few days * July 29, 1 710, died at ErIIlol, in Maffachufctts, John Baffin, efquire, who hai fccen one of the council. Feb. 9th, 1710-11, died colonel John Fofter, one of the council from the charter, and a wealthy merchant in the town of B&llon, of a moil fair and wnbl«nifl»*A charatftcr. I71I.] MASSACHUSETTS. 173 days after, and in faift did arrive the 24th following. Thii^ was fliort warning. What was more extraordinary, ten weeks' provifion for the army was to be procured at Bof- ton. It was one reafon given for this mearure, that there might be no fufpicions in Europe of the deftination of thi^ armament. It might well be doubted whether it would be poilible to procure fuch a quantity of provifions at Bof- ton in feafon, and if it was not, it would be impofiible to proceed. This extraordinary me^fure increafed a jealoufy, began before, that it was not defigned Canada fhould be taken, and that the blame fliould be caft upon New En- gland. This jealoufy may have been as groundlefs as the charge, which Walker firfl, and after him, many other authors have brought againfl New England, for not af- fording that ready afiiilance which was expe<5l:ed ; but h certainly had this effed, to caufe, not only the govern, ment, but even private perfons to exert themfelves with more zeal and vigour than had been done upon any oth- er occafion ; and the people fubmitted, not without reluc- tance, it is true, to have their property taken from them in a way and manner which I think the people of Great Britain or Ireland, at this day, would not fubmit to. A general meeting of all the governors was appointed im- mediately after Nicholfon's arrival at New London, and they were fitting when the ileet arrived.. The aflembly happened to be fitting at Bodon when the f.rfl orders came. The governor, without delay, recommended to them a full compUance with the orders he had received. The firfl thing necelTary was money. The credit of the treafury was fo low in England, that no merchants or private per- fons here would take bills, unlefs the drawers would make themfelves refponfible, and there was nobody authorifed to draw fuch bills. The general court determined to if- fue forty thoufand pounds in bills of credit, and to lend them to merchants and others, for the term of two yeais. Thefe perfons with their bills of credit purchafed bills of exchange upon the treafury in England, which, it was hoped, before the expiration of the tv.o years, would be paid ; and if they fliould not, it would be in the power of the government to continue the loan, but there was no engagemeui 174 THE HISTORY OF [Chap. IL engagement to do it. The next difficulty to be removed was the extravagant price to which provifions had ftarted, upon the advice of this extraordinary demand. For this purpofe, an order pafled the court, dating the prices of the feveral fpecies of provifions neceffary for the fervice. The owners of the provifions fhut up their flores, or re- moved their provifions in order to conceal them. The demand, which had raifed the price, they urged, was the common chance in trade which every merchant was juft- ly entitled to. Another order foon palfed the court to imprefs all provifions, in whofe polTeiTion foever, and for this purpofe to open all doors and enter. This effe£led a general compliance. The fhort time fpent for this pur-^ pofe, and the refufal of particular perfons to fubmit at firft, caufed a charge from the officers againft the country in general, for unneceiTarily delaying the fleet and army ; cind no notice was taken of the zeal of the government and this extraordinary meafure for the removal of thefe impediments. The addition of fo many mouths had cauf- ed a fudden rife of all poultry and frefh meat, and at that feafon of the year, if the ufual confumption had continu- ed, the forces muH have failed of neceflary refrefhment. This conlideration induced many of the principal gentle- men in Bofton to deny themfelves, and to engage, while the fleet lay there, to eat fait provifions and no other in their faijiilies. The foldiers and feamen, fome of them, deferted, and were concealed by the inhabitants who were juftly cenfured for doing it ; but not fo the country ; for in all countries there are more or lefs perfons who for the fake of gain will do the fame. A law againft this offence was made, with a very fevere penalty, and a more fumma- ly way provided for trial of the offence than ever had been in any inftance before. The defertion of the men put the admiral out of temper, and he wrote the governor an an^ gry letter, in v^^hich he tells him, the fervice had been prej- udiced, rather than forwarded, fmce his arrival at Bofton, and demands from the government a fupply of men equal to the lofs. This could be done in no other way than an imprefs. The inhabitants, it muft be owned, would not havQ J7II.] MASSACHUSETTS. 175 have fubmitted to it, but in general would have preferred a prifcn on fhore to a man-of-war at fea. Befides the miftake, in the plan of this expedition, with refpedl to a fpeedy fupply of provifions at Bolton without previous notice, there was another, in prefuming that flvil- ful pilots were to be obtained there. The bed in the country were iliipmaflers, who had been once or twice up the river St. Lawrence. Thefe were employed in other bufmefs upon which their future fupport depended, and ■they w^ere averfe to leaving it ; but the government im- prefled them into the fervice, and afterwards was charged with their defect of Hiiil, which, admitting it to be true, could not be helped. The troops were all landed upon Noddle's iiland, about a mile from the town, where they were every day cxcr- cifed in a healthy. air ; and it was allowed, that men were never landed and re-embarked in better order. The land force, including two regiments from New^ England, amounted to near feven thoufand men, an army more than equal in number to that which afterwards reduced C^ie- bee, under general Wolfe ; akhough, in 171 1, it was not half fo ftrong as in 1759. The fleet which arrived at Bofton confiiled of fifteen fail of men-of-war and forty tranfports, and all faik^d again the 30th of July. Greater difpatch could not well be expeded from fuch fhort warning. Nicholfon fet out for Albany the fame day^ to take the command 0/ the forces which were to marcR by land. Nothiilg remarkable happened in the paiTage of the fleet to Gafpee, where it arrived Augufl 18, and failed again the 20th, The next day and the day after proving foggy, and the wind beginning to blow frefh at E. S. E. the fiiips brought to, W'ith their heads to the fouthward,* being out of fight of land and out of foundings. This the admiral, in his own account, fays w-as by the advice of the pilots, both Englilh and Erench, and that they were of opinion the fleet would drive into the midfl of the channel or river. The New England pilots always denied they gave fuch advice, [* Penhallow fays, the pilots advifed the admiral to bring to, with their he.sd« fa xKtfoi.thivurc, hut that he ordered thcni to the ^orth•v^-a^d. See JV^n of N. England^ 17^ THE HISTORY OF [Chap. IL advice, and declared, upon their oaths, their opinion was not followed nor regarded. Some of the principal per- fons on board one of the fhips which belonged to New England, reported, that upon the fleet's being ordered to lie with their heads to the fouthward, the v^'hole fhip's company determined they muft drive upon the north fhore, and they v/ere confirmed in their former jealoufy, that it was never intended the fleet fliould arrive at Que- bec. This, however, is incredible, and the admiral, who had not the charader of an abandoned man, v/as incapable of facrificingsthe lives of fo many men ; and it muft be prefumed he would not have thrown away his own life, which was expofed as well as the reft. The pilots from * Bofton fuppofed the admiral had a very mean opinion of them, and laid greater ftrefs upon the judgment of the French pilots, who, through ignorance or from defign,, occafioned this wrong meafure. In two or three hours after the fleet brought to, fome of the tranfports were among the breakers. Eight or nine fliips were loft upon the rocks, about midnight, one thoufand of the men that were on board drowned, and about fix or feVen hundred faved by the other fliips. All the men-of-war efcaped ; ' the admiral's Ihip is faid to have anchored, and the reft either ftood oflT or came to anchor ; and the next morn- ing, the wind fliifting to W. S. W. the admiral bore away for Spanifh river, the men-of-war and tranfports following; but, the wind fliifting again to eaft, they were eight days before they all arrived, and as they had the wind might more more eafily have gone to Quebec. In a council of war it was unanimoufly refolved, not only not to make any further trial to go up the river St. Lawrence, but alfo not to attempt any thing againft Placentia in Newfoundland ; the fleet not being fufliciently victualled for either. They failed the i6th of September, and the admiral arrived the 9th of October at Portfmouth, and the 15th his fluip, the Edgar, blev/ up ; the caufe not being known, jealous minds would fuggeft that even this was not without defign. The admiral fuppofed, in his account of the expedition, that if they had arrived at Quebec and landed their men, their misfortune would have been ftill greater } that the French ■/ I7II.] MASSACHUSETTS. 177 French v/ould either have quitted the place and carried all their provifions with them, or that they would have defended the place until the provifions of the fleet and army were Ipent, and they mud have laid down their arms ; or if they haally furrendered, it was not to be ex- pected the provifions for fo fmall a garrilbn would have Jailed any time for twelve thoufand men, and French and Englifh muil have flarved together. Vaudreuil had made the belt preparations he could for their reception, having early notice of their coming from the governor of Piacen- tia. An Enghfn prifoner, carried in there from Bofton, gave an account of Nicholfon's arrival, of the fleet that was to follow, and of the forces intended by way of the lake ; and the captain of a privateer faw the fleet within fixty leagues of Bofton. This intelligence was afterwards confirmed by an Onondago Indian, who came to Chiebec to inform of the great preparations making at Albany.* Nicholfon had made but little progrels in his march when he received the news of this difaller, and if the fleet had arrived fafe, he would have been too late to have drawn any of the French force from Quebec, before fo much of the provifions of the fleet had been fpent that it Vvouicl not have been flife to have remained any longer ; and it is well he did not proceed, for as foon as Vaudreuil had advice of fo many fhips (love, and fo many dead bod- ies with red coats drove upon the fhore, and that the river was clear of fhips, he ordered all the flrength of Canada towards Montreal and the lake Champlain, which, if Nicholfon had palTed, would have been fufScient to pre- vent his return. To complete the charge againfh MaflTachufetts, they arc fald to have reprefented the navigation to Qkiebec to be cafy and without hazard, of which they were wholly ig- norant ; for the French, after an hundred years' experi- ence, almofl every year fuffered fliipwreck, and failhig in the bay and river St. Lawrence was fo hazardous that they could hardly obtain failors for a voyage thither. The MafTachufetts people knew very well that Fhips and his fleet went up and down without difficulty, ig 1690 ; that fla^s ■ * Charlevoix, f7'S THE HISTORY OF. [Chap. iL flags of truce had frequently pafTed and re-pafled, and they iuppofed the French reprefented the pailage difBcult to deter other nations, and experience now fliews that they judged right. The American tranfports were all preferved, except one vidualler, and the crew of that were faved. The difap- pointment and lofs were grievous to New England. Some pious minds gave over all hopes of reducing Canada. So many attempts blafled, plainly indicated, as they conceive ed, that Providence never defigned the whole northern continent of America for one European nation. Upon the firfl news in England of the difafler, the blame was laid upon governor Dudley, and it was faid he would be removed, but his conduct foon appeared to have been unexceptionable.* Upon the return of the MafTachufetts troops, they gave an account of the freedom ufed by the fea and land officers^ in attributing the whole misfortune to the colonies. The forces v/ere unreafonably detained at Bofton — the provi- fions fell ihort of what was expeded-— the pilots were ig- norant and not fit to be trufted. The general court therefore thought that it was necelTary to exculpate them- felves, and that it would be prudent to lay no blame any where elfe. The governor, in his fpeech, 06lober 17, fays — " I condole with you upon the Ibrrowful difafter of the fleet and forces fent hither, by her majefly's fpecial favour, to all her good fubjecls in the provinces of North America. I have had time enough, fmce the account thereof, to confider the fev/eral articles of her majefly's commands to this government for the putting forward the -expedition, and therein I cannot charge this airembly with negle6l in any particular ; but when I perufe the journal of the proceedings, I think there was all provifion and expedition made, in every article referring to foldiers, ar- tificers, pilots, tranfports and provifions for the fervlce of her majefty's Britifli forces, as well as our own ; which I hope you will fee reafon to confider and reprefent home for our juftification, that it may be demxonfhrated that we were in Carnefl to do our duty to the utmoll, for our own benefit * Letters from London in I7ii, I7II.] MASSACHUSETTS. 379 benefit and eflablifliment, as well as her majefly's honour and jufl rights." Three of the principal pilots in the fervice were fcnt to England, to be ready to give an account of their conducl, if inquiry fhould be made. A journal of the proceedings relative to the expedition was prepared and tranfmitted, together with an addrefs* to the queen. The inilrucHons to the agent were given with prudence and caution. " it chiefly concerns us to fet forth that we have done our du- ty, by giving all afhitance in obedience to her maje(i:y*s royal commands, as we have reprefented in our humbb addrefs herewith tranfmitted to be prefented by you, and will appear by the journal and orders accompanying the fame. We comported with the fuppfies, in the large de- mands made upon us, to the utmoil of our power, beyond what we had at hrft a reafonable profpeQ: to have provid- ed timely, having fofliort notice, but made our utmoil ef- forts and happily got through the fame, in which you are to vindicate and jullify the government. " It is not our province, nor mull you enter thereinto, to fault or impeach others, for want of doing their duty, or for their condudl in that affair, any further than is ab- folutely neceffary for our own vindication. If there be jufl caufe therefor, her majefly in her princely wifdom will direcl the inquiry thereinto." The pilots waited many months in England ready to anfwer any queftions, but none were ever aiked, nor was any inquiry ever made into the caufe of the failure of the expedition. Upon the whole, it cannot be conceived that the admiral, general and principal perfons employed iu the execution of this plan, purfued any particular meaf- ures in order to defeat and overthrow it ; that thofe who projedled it in England had not good reafon to expeft, from the infufficient provifion made, that it mufl fail of fuccefs, * In this addrefs it is among; ether thinpjs afTerted, that one fifth part of the whoir inhabitants of the province capable of bearing arms, were in pay thatfummfr. The like proportion was employed two or three years fucceflively in jhe late war. This would be thought extraordinary in any State in Europe. iSo THE HISTORY OF [Chap. IL fuccefs, and at bed, were well content that it fhould, is not fo certain.* Although the pnncipal objea of this expedition was not obtained, yet, in all probability, Annapolis-royal was faved by h from falling into the hands of the French. The garrifon there v/as reduced to a handful of men. Between two and three hundred of the New England forces were kept there, after the place was reduced, and four in five were dead, and they were afraid even of the Acadians alone, without any additional flrength ; but the French court, fenfible of their miftake in not giving more atten- tion to the prefervation of that country when it was in their hands, prefled the governor of Canada in the ftrongeft manner to exert himfelf for the recovery of it, A body of troops was raifed and ready to depart from Canada, when the news arrived of the Enghih fleet and other preparations making j and the men who were defigned againft * The account which C'larlevDix gives of the French pilot docs not agree with Walker's. " There was on hoard the admiral, a French prifoner, one Paradis, an eld feaman, who was perfcdtly acquainted with the river St. Lawrence : this man cautioned him, when he was off the Seven Illands, not to venture too near the land, ajid he obhged him to make frequent tacks and to keep near the wind, which did not favour him. At length the admiral, tired cut, and perhaps fufpeding the pilot only defigned to wear out his men, refufed to come to flays, and bordered fo near ^ little ifland called the Ifle-of-eggs, that he and feven more were driven afhore by a very fudden fquall at fouth-eaft, and ftove to pieces, and but very few people were faved." I will add a brief account of the difafcer the fleet met with, from a letter of the New-England commiiTary, Sampfon Sheaf — ^" When I accepted the employment of commiffary to the New-England forces on the Canada expedition, it was in hopes of doing fome good fervice ; wherein I defigned to do my bell, and hoped witTi my diligence and bell underllanding to have been of fome ufe ; but on the 22d of Au- gull, our fleet, under the command of fir Hovenden Walker, about eight or ten leagues above the entrance of Canada river, about eleven or twelve at night, met with a difmal difailer. Ten or eleven of the Entllh tranfports run on the north fliore and were daflied to pieces againft the rocks. I hear but of one veiTel belonging to New England met with any damage. There is an eminent providence of God therein^ which doubtlefs we ought to confider ; but as to tlie iiaftrumental caufe, by whofc mifconducl, remains to be examined, and I hope will be made evident. The admi- ral and general v/ere in great danger, they faved themfelvcs and their fhips by an- choring, but loft feveral anchors. It was lamentable to hear the flirieks of the fink- ing, drowning, departing fouls. The ihip wherein I was embarked, with very great fs Id. to Mather. J96 THE HISTORY OF [Chap. IL he was fent to Leyden. He went after that into the ar- my under king William, who made him a captain, ferved under the duke of Marlborough, was a lieutenant colonel, and wounded in one of the principal battles in Flanders. He had a good acquaintance, and was well efleemed at court ; had the character of a friend to liberty, and was of an open, generous and humane difpofition. A gover- nor of his character might be fuppofed to be welcome to New England men ; but the intereft of party prevail over all other confiderations, and virtue, religion, private friendfhip and public good are all facrificed to pro- mote it.* * Feb. 14, J715-16, died at Salem William Browne, efquire, in his 78th year, an afliftant under the old charter, and one of fir Edmund Andros's council, which feems to have been the reafon of his not being nominated by Mr. Mather, and appointed by'king William under the prefent charter. This negledl naturally procured him lome votes at the firft cle6lion afterwards, and he was brought into the council and continued many years. Jan. 14th, the fame year, died at Salem Eli2Mibeth Patch, the firft born female in the old colony of Maffachufetts, fo that fhe muft have lived 86 or 87 years; and April 14th following, died at Newport Mary Godfrey, aged about 77, being the firft child born there. The longevity of the firft born in each of the three colonies is wortl% noting. — July 20, 1704, died at Marfhfield Peregrine White, aged eighty-three years and eight months, the firil born in Plymouth colony. The foUotv'ing paragraphs fasuld have been added to the note in pag£ 1 36, 'viz. The governor, in the month of March this year, [1704] returning by water from his pther government of New Hampfhire, before the brigantine in \vhich he had taken his paffage came up with Cape Ann, was furprifed with as violent a ftorm as had been known, and of as long continuance. There being advice brought to Bofton of his failing from Portfmouth, and no further intelligence of him, it was generally apprehended that the veffel muft have foundered. At length came news of his arrival in the harbour of Gloucefter, having been four days at anchor on the back of the Cape, cxpe»5ling every hour to perifh. In a proclamation for a public thankfgiving- a few days after, notice is taken of his wonderful prefervation from fliipwreck. April 4, 1 704, died at Newbury Daniel Pierce, eftjuire, of the council.- CHAP. 1716.3 MASSACHUSEtTS. 197 CHAP. III. From the arrival of governor S/jute, in 1716, to the arrival of governor Belcher ^ in 1730. OOLONEL Shute arrived at Bodon, Odoberr the 4th, 1716, in a merchant-fliip, and was received with ufual parade. He made the oppofers of the bank his iirll ac- quaintance, the old governor's family in particular, and took his lodgings at Mr. Paul Dudley's, lie had receiv- ed very unfavourable imprelfions of the other party, from Mr. Belcher and Mr. Dummer, in England, and was con- frdered from his firfl arrival as an enemy to the fcheme> and the heads of the party were the heads of an oppofition, during the whole of his adminiftration. In his firil fpeech to the general court, November 7th, he puts them in mind of the bad flate of the trade of the province, an important article of any people^s happinefs, owing, as he fuppofed, to the great fcarcity of money, and recommends the con- fideration of fome effedual meafures to fupply this want, and thereby to reftore trade to a flourifhing condition. This was pointing out to them a further emiffion of gov- ernment's bills, and the reprefentatives, pleafed with fo ea» fy a method of obtaining money, foon determined upon a fecond loan of one hundred thoufand pounds for ten years, to be put into the hands of commiirioners appoint- ed for each county in proportion to th*:r taxes. This provifion being made by the government, there was the lefs pretence for private perfons or companies ifluing their bills ; but it gave no relief to the trade, the whole cur- rency foon depreciating to that degree as, with this addi- tion, to anfwer the purpofes of money very little more than if it had not been made. The governor became {^^w- fible of it, and recommended to them to provide againfl it, which they were not able to do ; and many of them would not have been willing if they had been able, be- ing in debt, and by means of the depreciation difcharging their 19S THE HISTORY OF [Chap. III. their debts by a nominal fum, perhaps of not more than one half the real vakie of the debts. He foon found the cfFeds of it upon his own falary, which they refufed to ad- vance as the bills funk, and having recommended this meafure in a public fpeech,it became more difficult after- wards to refufe repeating it. The province had been at war with the eaftern. Indians, except fome ihort intervals, for about forty years. The profpecl of a long peace between Great Britain and France encouraged us to hope for the like with the Indians, who had always been under French influence ; but their father, Ralle, a Jefuit, was conflantly iniligating them to infult and annoy the new fettlers, who, he pretended, encroach- ed upon the lands of the Indians, and by fupplying them with fi:rong drink debauched their -morals and prevented the progrefs of the good v,^ork he had began among them. A treaty or conference was thought expedient to confirm them in their friendfhip with the Englifir, and if pofTible, to dra.w them from, the Roman Catholic to theProteflant re- ligion. Thegovernor,therefore, the firfl: fummer after his arrival, in Auguft, attended by feveral of the council both of Maflachufetts and New Hampfhire and other gentlemen, met the Indians at Arowfick iiland. At the beginning of the conference, he delivered them an Englifli and an Indian bible, which he told them con- tained the religion of the Enghfli ; and at the fame time recommended to them Mr. Baxter, a minifler who went down as a milTionary, and told them he would explain the bible and inflrud them in the principles of religion. They were at no lofs for an anfwer. '' All people, they faid, loved their own minifters ; and as for the bible, they defired to be excufed from keeping it ; God had given them teaching, and if they fhould go from that, they fhould difpleafe God." They v/ere fixed in their religion, and it would have been a lofs of time to attempt to move them. The reft of the conference was upon the right of the En- glifli to fettle in that part of the country. Upon com- plaint made by the Indians of encroachments upon their lands, the governor produced one of the original deeds which had been given by their fachems. They acknowl- edged 1717^1 MASSACHUSETTS. igg edged the lands to the wefl: of Kennebeck belonged to the Engliih, but they were lure no fale had ever been made of any lands to the eaft. The governor told them, the Enghfh v/ould not part with an inch of the land which belonged to them. The Indians were fo offended that they rofe immediately, and, without any ceremony, took to their canoes and went to another illand where they had their head-quarters, leaving behind an Englifh flag which the governor had given them.* In the evening, feveral of them returned to Arowfick with a letter from Pv.alle to the governor, acquainting him that the French king did not allow, that in any treaty he had given away the land of the Indians to the Engliih, and would proted the Indians againfl the Englifii encroachments. The gov- ernor let them know, that he highly refented the infolence of the Jefuit, and the next morning ordered the fignal for failing. * Wiiviirrs. We are willinr^ to cut on our laads as far as the mil's and the coaih to Pemaquid. Governor. Tell them we defire only what is our own, and that we will iiave- We will not wiong them, but what is our own we will be mafters cf. Wiiu. It was fald at Caico treaty that no mere forts fheuld be made. Goi}. Tell them the forts arc not made for their hurt, and that I wonder they fhould fpeak againll them, when they uie for the fetuvity of both, \ve being all fi:b- jeAs of king George. Wiij. We cannot underhand how our lands have been purchafed ; what has ncenr alienated was by our gift. [His excellency hereupon ordered that a deed of iale of lands on Kennebeck river, made by fix Indian fagamores to Richard "Whar- ton, fhould be opened and exhibited to them ; which was tionc, and partly read and interpreted to them.] Wiiv. As for the wefl: Tide of Kennebeck river I have nothing to fay, but airt fure nothing has been fold on the eaft iide. Gov. I expecSl their pcfitive anfwer and compliance in the matter, that the En- glifii maybe quiet in the poiTefTion of the lands they have purchafed. Wiiv. We don't know what to think of new forts built. Gov. I have fpoke to that already, and told them they are for our mutual dcfencc. fVitv. We fkould be pleafed with king George if there was never a fort in the eaftem part?. Gw. Tell them that whereever there is a new fettlement 1 faall always order a fort, if I think it proper, and that it is for the fecurity of them and us ; and fo do the French. Are any people under the fame government afraid of being made too ftrof.^ to keep out enemies ? IVitv. We arc a little uneafy concerning thefe lands, but are willing the Englifh ftiall poffefs all they have excepting forts. Gov. Tell the«i wa will not take an inch of their land, nor will we p~rt with as inch of our own. iFliu. We fhall have fifhing and fowling where we will. Gov. It is freely confented to, and they are alTurcd of it. [Thea the Indians roie up at once and withdrew in a hafty abrupt manner, without taking leave, and left behind them their EngHIh colours, returning to the head-qi^arters at Puddlclione's iiknd.— ^-C«^«rr*B»tf at Artivfiek^ 1 71 7- £oo THE HISTORY Ol? [Chap. IIL failing; Ralle in his letters often laments the unfleadi* nefs of the Indians. They were afraid at this time of a new war. The old men were loath to quit their villages at Norridgewoek and Penobfcot, where they Hved at eafe, and encam.p in the woods, or, which was much worfe, de- pend upon the French, who, they would often fay-, treated them Hke dogs when there was no immediate occafion for their fervice* This confideration induced them to fend two of their number with a meifage to the governor, acknowledging that yefterday they had been rude and unmannerly, and earneftly defiring to fee him again* He let them know he would fee them upon no terms, unlefs they quitted their pretenfions to the lands which belonged to the Englifli. This the meffengers promifed fliould be done, and deftred that the Engliih colours which they had flighted might be returned them^ In the evening, they came again to the conference, and appointed a new fpeaker as a mark of refentment againft the former, who, they faid, had behaved ill" the day be- fore, and, without entering into any difpute about partic- ular limits or bounds, declared they were v/illing the En- gUfli fliould fettle where their predeceifors had fettled ; de- lired to live in peace and to be fupplied with neceflaries in a way of trade ; confeffed that fome of their inconfid- erate young men had offered injuries to the Englifh, and violated the treaty of Portf mouth in 17 13* After renew- ing that treaty, the conference ended. The beginning of an adminiflration in the colonies is generally calm and without ruffle. Several months paifed, after colonel Shute's arrival, without open oppofition tp any meafures. The town of Bofton at the firll election of their reprefentatives, left out fuch as had been bank men, and chofe fuch as were of the other party, but Mr. Cooke, who was at the head of the firft party, had inter- eft enough to obtain a place in council. It was foon after infmuated that the governor was a weak man, eafily led away, and that he was in the hands of the Dudleys, men of high principles in government, and it behoved the peo- to be very careful of their liberties. Mr. Cooke, who had the character of a fair and open enemy, was free in expreffing 1718.J MASSACHUSETTS. 201 €xpreffing his fentiments, and the governor was informed of fome contemptuous language in private company, with "which he was fo much offended as to procure Mr. Cooke's removal from the place of cleik to the fuperior court. A difpute happening about the fame time between Mr. Bridger,* furveyor of the woods, and the inhabitants of the province of Maine, concerning the property of the white pine trees within that province, Mr. Cooke imme- diately inferted himfelf in the controverfy, publickly pat- ronized the inhabitants, and in a memorial to the houfe of reprefentatives charged the furveyor with mal-conduCl in threatening to profecute all who without licenfe from him Ihould cut any pine trees in their own ground, which Mr. Cooke alleged they had good right to do ; and he further charged the furveyor wdth permitting fuch per- fons as would pay him for it, to cut down the trees which were faid to belong to the king. The furveyor thereupon preferred his memorial to the governor and council, juftifying himfelf in the difcharge of his truft, and complaining of Mr. Cooke, one of the members of the council, for oflicioufly concerning himlelf with the affairs of the furveyor's ofiice, and obilruciing his meafures for the fervice of the crown. Mr. Cooke had many friends in the houfe ready to fupport him, and this difpute was the beginning of the public controverfy which continued until the end of colonel Shute's admin- iflration ; parties w^re formed, new fubjects for conten- tion from time to time v/ere furniflied, until at length the governor was forced to leave the province. I do not find any vote of council upon this memiorial, but the governor efpoufed the caufe of the furveyor ; and j to ihew his refentment againft Mr. Cooke, when the lift of counfellors was prefented at the next election, dire6led his * John Bridger came to New England by way of New York in 1698, in the fame fhip with lord Bellamont. He was commiffioned, together with Benjamin Furzcr, by the comaiiflioncTS of the navy, to inquire into the ftate of the counti-y and its capacity for producing naval ftores, and they were to furvey all the woods, not merely for malls, but for oak timber for fhip-buildiug, for trees for tar, pitch and turpentine, and for land fuitabk for hemp. There being no hopes of fuccjfs from the other parts of the commiflion, it was foon confined to tiie prefcrvatioa of mafls, and, fo far only, fervsd as a precedent for fuccecding lurveyorg of iLc woods. Vol. II. O ^o^- THE HISTORY OF [Chap. IIL his fpeech to him in particular, and let him know he would excufe him from attending at the board for the enfuing year.* Mr. Cooke foon after prefented his memorial to the council, in which he juftified his own conduct, and charged Mr. Bridger with " ufing his utmoil efforts to invade the rights and propel ties of the people in the province of Maine by his exorbitant anions, as well as bafely betray- ing the trufl the crown had invefled him with, by daily felhng and bartering the very logs and timber which he gave out was the king's, his mailer, whofe bread he then ate." The council fuffered the memorial to lay upon their table, but aded nothing upon it. Afterwards, upon- the appointment of a commirtee by the houfe, they joined a committee of council to confuier in general of Mr* Bridger's conduct. This committee, in their report, juf- tified Mr. Cooke, and condemned the proceedings of the furveyor. The council put off the confideration of this report alfo, but the houfe voted their acceptance of it,- The governor, of courfe, tranfmitted to the board of trade an account of all thefe proceedings, and very foon receiv- ed * The form of pracecding" has ahvays been for a committee of the houfe to lay hefore the goverjior a lift of the counfellors eled, upon which he iignifies his confent <:«- refulal, and fends back the lift by the fecretary, which is read in council atid then' in the houfe. In the month of April, 17I7, a pirate iltip, the Whidah-, of twenty-three gun* a^id one hundred and thirty mt-n, Samuel Bellamy, commander, ventured upon the ccafl of New England'near to Cape Ccd,and after having taken feveralveffels, fevea a', the pirates v/ere put on bojrd one of them, who foon got drunk and went to fleep. The mafrer of the veilel which had been taken run her alhore upon the back of the Cape, and the feven men were fecured. Soon after, the pirate Paip in a fiorm was forced aflaore near the table land, and the whole crew, except one Englifhman and one Indian, were drowned. Six of the company, imcn trial by a fptcial court oC admiralty, were proiiounced gitilty and executed at Bollon, November 15th. The year 1717 %vas remarkable for a p '-cater mortali;:y among aged people than had at any time been known. Five of the council died within the rompafs of a year, nil of them well efteemed. John Hawthorn at Salem, May'ioth, aged 76: Andrew Belcher, Odlober 3Tfl;, aged 71. Wait Winthrop, November 7th, aged 76. riifiia Hutchinfon, December loth, aged 77 ; and Eliakim Kutchinfon, April 22, rfged 78. The lafl: four of Bofton. Henry Bering and his wife, in one grave, and another inhabitant of Bofcon, Robert Winfor, and his wife, in another, were buried the {i\xne evening, all above 70. The famous Indian warrior, Benjamin Church, who had efcaped the enemy's bullets in a great number of encounters v*'hen in the mofl imminent hazard, met death this year by a fall from his horfe, at the age of 78. Mr. Woodward, fscretary of the province, tired of a poft of much labour and Httle emolument, dilpofed of it to Jofiah Willard, efquire, w^ho obtained the royft.'» coxnmifiion,' and arrived at Eoilon from London December the 1 2th. i7l8»] MASSACHUSETTS; 203 cd an anfwer, cenfuring the houfe of reprefentatives for countenancing and encouraging P.Ir. Cooke. This being laid before the houfe, they by a vote declared that the cen- fure ot the board of trade was occafioned " by fending home the papers on one fide only, whereby their lordfliips were informed ex parte.'* The houfe had avoided any direcl attack upon the governor until this vote, many of the principal members this year being well afFecled to him ; but the party without doors, efpecially in Bofton, had been increafmg againd him, and at the next eleclion for that town, they fent all new members,* and a change was made in many other towns, unfavourable to the gov- ernor's intereft. The famous projcdlor, captain Coram, in the year 171 8, was bufy in a fcheme for fettling Nova Scotia and the lands between Nova Scotia and the province of Maine, and a petition was preferred by fir Alexander Cairnes, jfames Douglafs and Jolhua Gee, in behalf of themfelves and others, praying for a grant upon the fea-coa(l five leagues fouth-weO: and five leagues north-ealt of Chi- budo harbour, where they propofed to build a town, and to improve the country round it in raifmg hemp, in mak- ing pitch, tar and turpentine ; and they undertook to fettle a certain number of families to confill of tvv'o hundred perfons in three years, the red of his majefly's fubjedts not to be prohibited fifliing on the coafls under regula- tions. To this petition Mr. Dummer, the Madachufetts agent, objefted, becaufe of the lad claufe, which laid a redraint upon the fiiliery. The lords of trade, however^ reported in favour of it, but it dopped in council. Another petition was preferred by William Armdrong and others who had been officers and foldiers in the ar- my, " praying for a grant of the lands between Nova Scotia and the province of Maine, the faid tra^t of land having been conquered by the French in 1696 and pof- feded by them until 17 10, when it v>'as recovered by the Englifh, and, by the treaty of Utrecht, was with Nova Scotia given up by France to the BritiOi crown." The eonqued in 1696 was the taking Pemaquid fort, and hold- O 2 ing * Slilha Cooke, Oliver Noyes, Ifaiah Tay, and WiUiaaa Ci*rk. 204 THE HISTORY OF [Chap. IIL ing pofTeffion of the harbour two or three days. This, however, was made a ferious aifair, and the agent, Mr. Dummer, was feveral times heard before the lords of trade. The general court being reflrained from conveying thefe lands v/ithout confent of the crown, it v/as propofed, that if they would confent to refign the jurifdiction between Kennebeck and Penobfcot, the crown fliould confirm the property of the foil ; but upon the propofal's being com- municated to the court they inftru6ted their agent to make ilo conceflions. ^ One Sarah Watts, fetting forth that (he w'as heir at law to Thomas Gofie, deputy governor and one of the twen- ty-fix patentees of the old colony, claimed a twenty-fixth part of the colony, and the ilTues and profits for eighty or ninety years. She filed a bill of complaint in chancery agaiaft the province, and there was a commifTion of fe- queftration for feveral New England fliips in the river, which coit the owners feveral guineas each, to the fliarp- ers who had urged the woman to the fuit. The agent 'was required to anfwer the bill, which he did by declaring that if the complainant could make it appear that Thom- as Golfe was once feized of a twenty-fixth part of the col- ony, and that fhe w^as heir at law to him, which he did not believe flie was able to do, yet he verily believed that when the patentees, with others, were incorporated into a body politic, their refpedive rights ceafed and paiTed to the corporation, who had granted the lands away. The poor v/onian was at laft arrelled for debt and fent to New- gate, where fhe perifhed. The governor, in the beginning of the year 171 8, had confented to aii impofl bill which laid a duty not only up- on Weif-India goods, wines, &c. but alfo upon Enghfh manufa6lures, and a duty of tonnage upon Englilh fhips. Before the fefiion in May, the nest year, he had received an in(lru6lion from the king to give all encouragement to the manufadures of Great Britain. The houfe, how- ever, paffed a bill of the fame tenor with that of laft year,* and fent it to the council for their concurrence. An amendment * The houfe never pafs an impofl hill oi- hill for the general tax (or the fuppor-f of government for a longer term than, one year» I7I9-] MASSACHUSETTS. 205 amendment was propofed, viz. to leave out the duty upon Englifli vcflels and goods, but the houfe adhered to their bill. A conference enfued, for the houfe were net then fo exa£l as they have been fince in refufing to confer upon money bills. This produced nothing more than a propofal from the houfe to alter the word E/i^IiJh to Eu- ropean^ which, being trivial, was refufed. It fecms the governor, a little out of time, had taken the opinion of the council upon this queflion, whether, confifcent with his inftrudion, he could give his confent to the bill, which they determined he could not, if it fliould be offered to him. The houfe then tried the council with the foliov.- ing refolve ; " The houfe innit on their vote, forafmuch as the royal charter of this province gives power to the government to impofe and levy proportion^ible and rea- fonable affeffments, rates and taxes upon the eftates and perfons of all tmd every the proprietors and inhabitants of the fame, which this government has been in the free and uninterrupted exercife of ever fmce the enjoyment of the faid cherrter. Sent io tJj^ upper houfe for their concur- rence." The upper houfe was a new name for the council, and defigned as a fleer, and to intimate that they might confider themfelves in another capacity than as a privy council.* Perhaps if Cromwell's epithet for his houfe of lords had come into their minds, it v/ould have been thg other houfe. Taunts and language which tend to irritate can upon no occafion be juftihable from one branch of the legiflature to the other. Upon an agreement and harmony the intereH of the people depends. Upon dif- ferent apprehenfions of this intereft, if it be the real ob- jecl, the fevcral branches, by the perfuafive voice of rea- fon, will ftrive to convince each other, and be willing to be convinced as truth Ihall appear. The council thought themfelves unkindly treated, and by a meffage defired the houfe to alter their vote ; buc they refufed to do it, and gave their reafons for the new form. " The houfe have received new and unufual treat- ment * Whatever the ill is, the upper houfe is the caufe of it, that being the true nam« of it ; a grand jury being peers as well as tjiey. Mr. Vaagh^n in Greft JJi3i.s 4/ the korp of commons. 2o6 THE HISTORY OF [Chap. IIL inent from the board, ill. It is new and unufual for the council to give his excellency their advice upon a bill, till they have a£led in concert with the houfe in concurring or non-concurring. 2d. It is likewife new and unufual for the council to defire a free conference upon a fubjedl matter, and then, at the management, to inform the houfe that by a previous vote they had fo far engaged them- felves that they could not recede from it. 3d. It is like- wife a new and unufual method for the honourable board, after a melfage to the houfe defiring feveral amendments to a bill of rates and duties which were in a great meaf- ure agreed to by the houfe, immediately to non-concur the bill. 4th. It is likewife new and unufual for the hon- ourable board to intermeddle fo much with the grants and funds, which this houfe take to be their peculiar prov-^ ince.'* The houfe having in this manner exprelfed their refent- ment returned to their old ftyle, and then the council, by meffage, let them know that they would not give their concurrence to any bill laying a duty upon European goods, denied the charge made againll them by the houfe, of innovations, and intimated that any further meffages would only tend to increafe the mifunderftanding and re- tard the affairs of the government, and defired the houfe rather to join v/ith them in a dihgent endeavour to bring the fefiion to fuch a conclufion as fhould promote his maj- eily's honour and the intereil of the province. Several weeks having been fpent in thefe altercations, the governor thought it time, to interpofe, and, fending for the houfe to the council chamber, he made thq follow- ing mild and healing fpeech to them.-^ ^' Gentlemen y ^' MY deftgn in fending for you up at this time, is to let you know how concerned I am at the unhappy mifun- derilandings that have been for many years between the council and your houfe relating to the impoft bill, and to alfure you that no perfon here prefent can be more defir- ous of preferving the privileges of this people than myfelf, fq far as is confident with the late znflrudions I have re- ceived t7T9-J MASSACHUSETTS. 107 ceived from my royal mafler, v^hich have by his fj^ecial direclicn been laid before this court. I am fully perfiiad- ed, that to a6t any way contrary thereto, after the many debates and votes which have been upon that head, would rather deflroy than preferve thofe privileges we juilly prize. Gentlemen, I defire your feriaus confideration of what I have hinted, that fo the important affairs of the province yet lying before you may have a fpeedy and hap- py conclufion." This fpeech which, a year or two after, when the prej- udices againd the governor were at the height, would have been excepted to as irregular and anticipating mat- ters, which it would have been time enough for the gov- ernor to have declared his icrSc of v/hen they came to be laid before him, had now a good efied, and i»ie houfe the fame day refolved that a new impod bill Ihould be brought in, and that the controverted claufe in the former bill /hould be left out ; but in the preamble to their refolve they make a heavy charge againd the council for not con- curring their former bill. — " Whereas this houfe have voted and palled a bill granting to his majefty feveral rates and duties ot impofl and tonnage of {hipping, in which was included one per cent, on European merchandize, for which article or claufe the honourable council have feveral times non-con- curred the faid bill, notwithfranding all proper endeavours have been ufcd by this houfe to atlain the fame which have hitherto proved fruitlefs, whereby a confiderabls part of the revenue v/hich would have accrued to this province is for this prefent feifioji foregone, which alio tends to the depriving this government of their jud rights, powers and privileges granted by the royal charter ; Refolved," &c. The council were fond of peace, and as foon as thi^ refolve came to their knowledge, they fent a mefiage to the houfe defiring they vvould not print the reiblve in their votes, a5 it v/ould have an ill ede^l, and would oblige the council in their own vindication to reply, although they wifced that all controverfy between the two houfes might ceafe* so8 THE HISTORY OF [Chap. III. ceafe. The houfe printed it notwithftanding, and the next day the council fent the following anfwer. — " The board are very much concerned to find, among the votes of the honourable houfe, a declaration as if the council in non-concurring the bill of impoil as it was firfl framed, had dene that whereby a confiderable part of the revenue which would l^ave accrued to this province is for this prefent feffion foregone, which alfo tends to the depriv- ing this government of their jull rights, powers and priv- ileges granted by the royal charter. '' This declaration contains or implies fuch a charge as the council can by no means futFer themfelves to lie un- der, without alTerting and folemnly declaring their integ- rity ; and they are more furprifed at the imputation of doing a thing which tends to deprive this government of their juft rights, powers and privileges granted by the royal charter, becaufe on the 23d current the board fent down a meffage to the honourable houfe, ' that they were always ready and desirous to concur with the honourable houfe of reprefentatives in fuch propofals relating to an impoH: as may not tend to alter or expofe our prefent happy conflitution under the royal charter ;' fo that it was from a fmcere and juft regard to the rights, powers and privileges of this government, granted by the royal charter, that the council chofe rather to omit the duty of one per cent, on Englifh goods for this feffion. " That the council apprehended the duty of one per cent, on Englilh goods affedled the trade of Great Britain, and fo came within the meaning of his majefty*s late ad- ditional inflruciion, is certain ; and, being of that opinion, it would have been inconfiftent for the board to concur the bill of impod as it was fent up. However, they can boldly and truly fay, they have aded from a principle of duty to his majefly, love and fidelity to their country, and have nothing more at heart than the jufl:, wife and care- ful prefervation of thofe invaluable rights, pov/ers and privileges granted by the royal charter, which God long continue." This controverfy being over, the court was prorogued. Before 1720.] MASSACHUSETTS. 209 Before the next feflions in November, the governor re- ceived a reprimand from the lords juflices, the king being abfent, for confenting to the duty on Enghlli goods, ^c. by the impofl ad in 1718. This he laid before the court. The fame houfe, which had fo long contended with the council the feffion before for this claul'e in the bill, now " readily acknowledge the exceptions taken to it are jult and reafonable/' An inftrudion to the governor to fup- port the furveyor of the woods in the execution of his of- fice, which was communicated bo the houfe at the fame time, was not fo favourably received ; and in an anfwer or remonftrance occafioned by the governor's fpeech, they charge the furveyor with inflances of very grofs mal-con- du6t. What evidence they had of it does not now fully appear. The governor, by a melTage, defired they would not print their remonftrance. They fent a committee to acquaint him, they mud infift upon the right they had to make it pubhc. He made a very great miftake, and told the committee that his majefty had given him the power of the prefs and he would not fuffer it to be printed. This doctrine would have done v;ell enough in the reigns of the Stuarts : in the prefent age it is juftly exceptiona- ble ; although by the liberty of the prefs we are not to underlfand a Hberty of printing every thing, however criminal, with impunity. The houfe had no opportunity to take notice of this declaration. Upon another occa- fion they let him know they had not forgot it. The gov- ernor was fo difpleafed with the proceedings of the houfe, that he put an end to the fefiion, and they never met again. We are now arrived to the memorable year 1720. The contefts and dilfenfions in the government rofe to a greater height than they had done fmce the rehgious feuds in the years 1636 and 1637. The public affairs in general were in a very indiftereTit flate. The Indians upon the eaflern frontiers were con- tinually infulting and menacing the Englifh inhabitants, fo that but little progrefs had been made in fettling the country fnice the peace j and this year mofl of the Settle- ments ;eio the history of [Ckap. III. ments which had been begun were deferted, and a new war was every day expeded. The trade of the province declined. There was a gen- eral cry for want of money, and yet the bills of credit, which were the only money, were daily depreciating. The depreciation was grievous to all creditors, but par- ticularly diftreiTmg to the clergy and other falary men, to widows and orphans whofe eflates confided of money at interefl, perhaps juft enough to fupport them, and being reduced to one half the former value, they found them- felves on a fudden in a ftate of poverty and want. Exec- utors and adminiitrators, and all who were poifefTed of the cffeds of others in trufl, had a flrong temptation to retain them. The influence a bad currency has upon the mor- als of the people is greater than is generally imagined. Numbers of fchemes, for private and pubUc emilTions of bills, were propofed as remedies, the only effectual one, the utter abohtion of the bills, was omitted. By thefe calamities, the minds of the people were pre- ])ared for imprefiions from pamphlets, courants, and other news-papers, which were frequently publiflied, in order to convince them that their civil liberties and privileges w^ere flruck at, and that a general union was neceffary. Thefe did not pafs without anfwers, attributing all the dif- trefs in pubhc affairs to the wrath and refentment, the arts and fmifter views of a few particular perfons ; but the voice of the people in general was againfl the gover- nor. In our mother country, when difputes arife between the branches of the legifiature upon their refpeclive rights, parties are formed and the body of the people are divid- ed ; for in a well-conftituted government it is of import- ance to the people that the fliare even of the popular part of the conflitution fhould not be unduly raifed to the fup- preffion of the monarchical or ariflocratical parts. From a regard to the common interefl, therefore, in a difpute concerning prerogative and privilege, the people ordina- rily are divided in fentiment. The reafon is obvious why it is lefs frequently fo in a colony. There, the people in general confider the prerogative as an interefl, without them, feparate and diflind from the interior intereft of the J720.] MASSAC?IUSETTS. 211 the colony. This takes their attention from the iufl pro- portion of weight due to each branch in the conflitution, and caufes a bias in favour of the popular part. For the fame reafon, men fond of popular applaufe are more fure of fuccefs with lefs degree of art in a colony, than in a State not fo conne-fled, and confcquently, men who with unbiaifed judgments difcern and have virtue enough to purfue the real interefl: of their country, are more likely to be reproached and vilified. The hrft acl of the houfe of repref^ntatives was the choice of Mr. Cooke for their fpeaker. A committee was fent to the governor, at his houfe, to acquaint him with the choice. They reported, at their return, that his ex* cellency faid, " It was very well." In the afternoon, the governor being in council fent the fecretary to acquaint the houfe that he was now in the chair, and ready to re- ceive their melTage refpefting the choice of a fpeaker. They fent back an anfwer that his excellency, upon being informed of the choice in the morning, had laid " It was very well," and they had recorded his anfwer in the books of the houfe. The governor replied, that he would re- ceive no melfage from the houfe but when he was in the chair.* The houfe then propofed by meiTage to the council, to join wjth them in the bufmefs of the day, the choice of counfellors ; but upon the governor's telling their committee, who carried up the melfage, that no election fhould be m.ade until he was acquainted who was chofen fpeaker, the houfe fent a new committee to ac- quaint him with the choice they had made. The gover- nor replied to this committee, that Mr. Cooke had treated him iU as the king's governor, and therefore, according to the power given him by the royal charter, he negatived the choice, and defired they would proceed to choofe another perfon. They fent back their anfwer, that they had chofen a fpeaker, according to their known and legal privileges, and therefore infifted upon the choice ; and at the fame time they renewed their motion to the council to join with them in the eledion. The governor told the * The journal of the houfe adds, •* and that he had received no fueh mefTags $rom the houfe, and given no fuch anfwer ;" but the general court's records take n« If tice of this. 212 THE HISTORY OF [Chap. ILL the committee, thai» he had received a mefTage from the hoiiie, acquainting him with the choice they had made of a fpeaker, which choice had been negatived, and he was no fpeaker. Upon this, the houfe fent their committee to the board to acquaint them, that two meilages having been fent to propofe to the board to join in the choice of counfeliors and no anfwer having been given, they now defired to know whether the board w^ould join in the eieftion or not. If there had been any further delay on the part of the board, it is very probable the houfe Vi^ould have proceeded without them, v»^hich mud have increafed the perplexity. The governor, therefore, left the board, having firft charged the fecretary with the following meffage to the houfe : — " His excellency orders me to acquaint you,^hQ is in- formed that governor Dudley did, in the time of his gov- ^nment, difallow of a fpeaker chofen by the houfe, and that his proceedings therein were approved by the com- miffioners of trade and plantations, and that he was there- upon dire6led by the faid commiilioners to acquaint the council, that it would not be thought fit that her majefly's right of having a negative upon the choice of a fpeaker be given up, which was refer ved to her m.ajefty, as well by the charter as by the conllitution of England/' Notwithilanding the v/arm difputes in the preceding year between the two houfes, only one new counfellor was chofen, John Burrill, efquire,* of Lynn, who had been many years fpeaker of the houfe, but this year was fent to the board, in the room of Mr. Iligginfon. The houfe had been as fond of this Mr. Bur rill as of their eyes. His temperate fpirit, until now, had engaged the v/hole houfe in his favour, and from year to year procured him a gen- eral ■^.This Mr. Burri.11 bore a very fair ch2r?><5:er. I h:?ve often heard his contem- poraries applaud him for his great integrity, his acquaintance with parliamentary forms, the dignity and authority with which he filled the chair, the order and deco- rum he maintained in the debates of the houfe, his felf-denial in remaining in the houfe, from year to year, when he might have been chofen into the council, and faw others, who called him their father, fent there before him ; to fay a great deal of him in one word, there was as much iikenefsin his chara6cer to that of the right honourable perfon v.-ho fo many years filled the chair in the houfe of commons with fuch applaufe, as well can be between fmall and great. Mr. Eurrill died of the finall-pox at Lynn, Deceraber loth, 1 721. i-j^o.-] MASSACHUSETTS. 215 cral vote ; but this year the houfe were willing to part with him for a gentleman obnoxious to the governor^ which meafure, it was eafy to forefee, maft give a further occa- fion of controverfy. Two of the new elcv^ed counfellors were neratived, Nathanael Byfield, who had been foliciting in England for the government when colonel Shute was appointed, and John Clark, who was a perfon of many valuable qualities, and obnoxious only for being fi.rongly attached to Mr, Cooke, and having been a great fupportcr of the caule. After the cledion, the governor made a further attempt to bring the hcufe to a compliance by the following fpeech. " Gentlemen^ " AT the opening of this felTion you thought fit to make choice of Eliiha Cooke, efquire, for your fpeaker, and upon your reporting of it to me, I did declare rny dif- acceptance of that election, and am fn-m in my opinion that I had good right fo to do, by virtue of his majerty's commiiTxon and the powers reft^rved by the royal charter ; and am alio confirmed in it, by what I find tranfacled by the late governor Dudley during his adminiftration, and alfo by the opinion of the right honourable the lords of trade and plantations in that matter^ 1 muir further ob- ferve to you, that the perfon you have chofen had invaded the king my mafter's rights in the woods of the province of Maine, though confirmed to his majeify by an ad of the Britifli parliament ; and I have received the thanks of the right honourable the lords of trade and plantations for removing him out of the counciL lie has ill treated me, who am the king's governor, and has been ccn- fured by the council for it, which (lands upon record in the council books.* How acceptable this matter will be at home, confidering the warning we have lately had from the court of Great Britain upon the account of pxailing the impoft bill, will be worthy of your ferious reflection. Thefe things I thought necelfary to acquaint you with, and advife you to return to your houfe and choofe fome other perfon fpeaker, with a refervation of your own rights, * The co\:ncil boolcs from the cliarter were burnt in the court houfe In the year J ^4 7, and this cenrurc does not aj^pear any where but in this fpeech. «i4 THE HISTORY Ot [Chap. lit. rights, until you fhall fend to the court of Great Britain for the explanation of that part of your charter, relating to the affair of a fpeaker.*' The houfe^ immediately upon their return to their chamber, entered into a debate upon this fpeech, and the queltion being put, whether, for the reafons affigned by his excellency, the houfe will proceed to the choice of a new fpeaker, it palled in the negative, ?iemhie contradice?ite» The governor gave them no opportunity to proceed on any other bufmefs^ for the next day he fent for them up again, and after another ihort fpeeeh diilbived the court. '•^ Gentlemeii^ *' OUT of a tender regard I have for the welfare of this province^ I fhall give you the following advice be- fore we part ; that when it fhall pleafe God we meet again in a general aflembly, which flrall be as foon as pof- fible, you will not let this province fuifer by the perverfe temper of a particular perfon, but that you will choofe one for a fpeaker that has no other viev/ but that of the public good, one that fears God and honours the king^ It is irkfome and difagreeable to me to diiTolve an aflem- bly, but as matters now fland I am forced to do it, or mull give up the king my mafter's prerogative, which nothing fhall ever obhge me to do, who am the king's governor. Gentlemen, I do not think it for the honour of his majefly's government that this affembly fhould fit any longer, and therefore I fhall diiTolve you."* Writs were ilTued for a x\tw affembly, to meet the 13th df July. The governor had no great reafon to hope for a more favourable houfe. The people in general thought their privileges were attacked. The charter indeed was filent upon this point. In a difpute between the crown and the houl'e of commons in the reign of king Charles the lid. an expedient was found which feemed to avoid the acknowledgment of the right of the crown to refufe a fpeaker ; but a provincial law v,/as principally relied upon, which declares^ " that the repreientatives affembled in any great and general court fhall be the fole judges of the eleftions ♦ Neither of thefe fpeeches are printed in the journal of the houfe. The char|;e9 Tjjjon thcij- fpealcer feem to have been the reafon. ipo.} MASSACntJSETTS. -14 elections and qualifications of their own members, and may from time to time fettle, grder and purge their own houfe, and makefuch neceifary orders for the due regula- tion thereof as they Ihall fee occafion." Whether the legifiators had in contemplation the right of the houfe to choofe a fpeaker, exempt from the governor's negative, might well be quedioned, but it was urged that the du;i regulation of the houfe might very well include thi.^ right. The towns in general fent the former members. Boftom difcovered how they flood affected by leaving out Mr. Tay,who was one of thofe perfons who ferve upon a pinch ^ when a favourite cannot be carried by a party, to flop thv-, gap and prevent an oppofite candidate, and he came iu ieveral times upon fuch occafions. In his room, the towrv now chofc Mr. Clark, the negatived counfellor. The houfe was willing to fit and do bufniefs, which tlip choice of the former fpeaker would have prevented. They therefore pitched upon a perfon lefs attached to party, Timothy Lindall, one of the reprefentatives of Salem, to whom no exception was taken. The governor in his fpeech recommended a peaceabk feilion, but the houfe could not forget the late diffolution. They began with a warm meffage or remonflrancejto the governor, in which they tell him — " The lad aflembly took no great pleafure in being diifolved, before they had gone through the ulual neceflary bulinefs ; their ailbrting and maintaining their jufl right and ancient privilege of choofmg their fpeaker, and not owning his excellency's power to negative him, was nothing but what they were fi:ricl:ly obliged to ; and the new houfe are humbly of opinion, that whoever was of advice to his excellency in the matter, did not confult his majefty's intereft, nor the public weal and quiet of the government, but oificioufly endeavoured to beget unhap- py mifunderftandings between his excellency and the houfe, and break off that defirable harmony which every one ought to keep up. We earneftly hope and defne tht2 province may never have an affembly, that will willingly forego luch a valuable privilege as king William and queen Mary of ever-bleffed memory gracioufly favoured the 6iS THE HISTORY OF [Chap. IIL the province with, when they gave their royal alTent to a law direclhig and governing that affair."* Ail the iubfequent proceedings of this fliort feffion fhew how much the houfe was out of temper. 'An Indian war ufed to be univerfally dreaded. To prevent it, the €;overjior and council had been treating with three of the Penobfcot^ tribe, who were fent for or came to Boflon, and the houfe were defired to make a grant for a prefent to them, but by a vote they refufed to do it. Some time after, they ordered a fmall fum, ten pounds only. To the controveriy with the governor, and the oppofition made to the propofals which came from him, the war which foon after broke out was by the governor's friends attributed. There had been no public notaries in the province, except fuch as derived their authority from the archbifliop of Canterbury. The houfe now firfl obferved, that a no- tary public was a civil oiEcer, which by the charter was to be chofen by the general court, and ient a meflage de- firing the council to join with the houfe in the choice of fuch an officer in each port of the province. To all in- fh'uments w^hich were fent abroad, not only the attefta- tion of the notary himfelf would be neceflary, but a cer- tificate vmder the province feal, to fliev/ the authority to atteft ; the council therefore took time to confider of the expediency of appointing fuch an oi^cer, and referred the matter to the next feffion,! but the houfe immediately proceeded and chofe the ofBcers by their own votes. The arguments to prove that an officer to be chofen by the whole court could derive an authority from the ma- jority of the members of the houfe of reprefentatives, have not been preferved.J Being * In this controverfy the houfe fecm to have mifapprehended ' their own caufe, and to have laid moft ftrefs upon the weakeft argument. The analogy hetween the governor and a provincial houfe of rcprefentatives, and the king and the commons of Great Britain, they leave out of the queftion. By charter, or commifiions, the form of government is fettled, the governor reprefenting the king's perfon, the lower houfe reprefenting -the people. I fee no arrogance, whatever difproportion there may he betweeti Britain and her colonies, in fuppofmg an analogy hetween the conflitutions, except where peculiar rights or powers are otherwife fettled in the refpevSlive branches. f As a pubhc notary in the feveral ports was judged to be a neceffary officer, the council afterwards concurred with the houfe, and a choice has been ever fince annu^- ally made by the general court. :|: They fent a rnelTage the next day to the governor, to defire him to approve of the choice, but he gave them for anfwcr, that as the council did not join he did not fee how they could be fvvcrn. 3r72o.] MASSACHUSETTS. 217 Being offended with the council, the houfe fent a mef- fage, defiring, " that confidering the low circumflances of the province, no draught be made upon the trealury for expenfes at times of public rejoicing * for the fu- ture." It had been ufual to make a grant to the governor for the falary of half the year, at the beginning of the feffion. The houfe deferred it until the clofe, and then reduced it from fix to five hundred pounds, although the curren- cy was depreciated. To the lieutenant governor, they ufed to make a prefent once a year never lefs than fifty pounds ; they now reduced it to thirty-five. P>Ir. Dum- mer had fo much fpirit, that he inclofed the vote in a letter to the fpeaker, acquainting him that " having the honour to bear the king's commiflion for lieutenant gov- ernor of the province, and having been annually more than fifty pounds out of pocket, in that fervice, he did not think it for his honour to accept of their grant." The governor took no public notice of the proceed- ings of the houfe. On the 23d of July he put an end to the fefiion. During the recefs of the court (Auguu: 7th) a party of the eaftern Indians fell upon Canfo, within the prov- ince of Nova Scotia, but peopled every fummer from Maffachufetts. The Indians furprifed the Englifh in their beds, and flripped them of every thing, telling them they came to carry away what they could find lipon their own land. Three or four of the Englifh were killed. Some of the French of Cape Breton were in confederacy, and came with their vefTels the next night, and carried off the plunder, together with about two thoufand quin- tals of fifh. The Englifh veffels in the harbour were not attempted. A floop happening to arrive the next day, the mafler offered his fervice to go out and make reprifals, and being furniflied with a number of men and two or three fm^aller veffels for his conforts, for want of more ample authority, he took a commifuon from one Thomas Richards, a Canfo juftice, and went after the French and foon brought in fix or feven fmall fidiing Vol. II. P veffels, * TPhe king's birtii-day, aaceffion, cwonation, &c. i2iS THE HISTORY Ot [Chap. IIL velfels, having all of them more or lefs of the Englifli property aboard. Mr. Henfhaw, of Bollon, a principal merchant at Can- fo, went to Loiaifboxirg with a complaint to the French governor, who excufed himfelf from intermeddling, the Indians not being French fiibjecis, nor under his control. The French prifoners were fent to /' nnapolis-royal. The lofs fuflained by the Englifli was eltimated at twenty thoufand pounds currency^ The fears of the people in the eadern parts of Mafla- chufctts were increafed by this llroke upon Canfo. In a fliort time after, the cattle were deftroyed, and the lives of the owners threatened. The governor was ftill defir- ous of preferving peace, and by the advice of council fent orders to colonel Walton, the commanding officer of fuch forces as upon the alarm had been fent there, to in- form the Indians, that commiffioners fhould be fent to- treat with them-* The Indians liked the propofal and promifed.to attend the treaty. Before the time appointed, the general court met,* and the houfe paiTed a refolve, " that one hundred and fifty eiTedive men, under fuitable oCicers, be forthwith order- ed to march up to Noi ridgewock, and compel the Indiansr that lliall be found there, or in Gather thofe parts, to make full fatisfacLion for the damage they have done the Englifli, by killing their fwine and fheep or carrying them' away, or fiealing provifions, clothing, or any other way wronging them. And that a warrant be directed to captain John Leighton, high-fheriff of the county of York, who is to accompany the forces, for the appre- hending and fafe bringing Mr. Ralle to Bofton, who is at prefent refident at or near Norridgewock in Kenne- beck river in this province ; and, if he be not to be found,' that then the flierifl:' direct and command the Indians there, or in the parts adjacent, to bring in and furrender up the Jefuit to him the fheriff ; and, upon their refufal: to comply with either of the faid demands, that the com^ manding officer is to take the befl: and m.ofl effedual way to apprehend and fecure the Indians fo refiflfmg, and fafe condud them to Bofton.'* The * N«v.. ii. 1720.] MASSACHUSETTS. J19 The governor looked upon this refolve to be, 111 efre<5l, a declariition of war, and an invafion of the prerogative ; it neceflarily prevented a treaty he had agreed to hold with the Indians, and a new war mufl be the confequcnce of fuch a meafure. The council were fond of peace, and when the refolve was fent to them for concurrence, thcv rejected it. The houfe were lefs averfe to war. The charge of cari-ying it on, it was faid, would be no burden to the province ; the French now durft not join the In- dians, and this would be the mofl favourable opportunity which could be expecled to fubdue or utterly extirpate them. That the charge fhould be no burden feems to be a paradox, but a wild opinion had filled the minds of great part of the people of the province, that if bills of credit could be iffued, the advantage to trade would be fo great, that the taxes by which, at diflant periods, they were to be drawn in again, would not be felt. Many fchemes of public expenfe were projeded, and, among the relt, a bridge over Charles-river broader and much deep- er than the Thames at London or Weflminfter. I (hall take no pleafure in relating the proceedings of the general court in this and the two next years. The befl excufe I can make for the houfe is, that the attempt made to deprive them of the exclufive right of choofmcr their own fpeaker, was deemed by them a grievance ; that the royal governments infill upon this right, and there was nothing in Maffachufetts charter which took it from them ; that this attempt raifed in their minds a jealoufy of a defign againft their privileges in general, and, in. this flate of mind, they w^re more eafily prevailed upon by their principal directors, whofe principal views were to diftrefs the governor, to agree to fuch meafures as under other circumflances they mufl have difapproved. The rule, perhaps, holds flronger with political bodies than with individuals, that when juft bounds are once exceeded, the fecond flep is as eafy as the lirf]:, and fo on, until at length they are drawn by degrees to fuch cxcefTes Tis ^ per fait um^ they would have been incapa-ble of. The pubhc records of the general court are always •pen to the infpedion of any of ths members, but, that P 2 the i^6\ THE HISTORY OF [Chap. IIL the houfe might have them under their more immediate view and charge, they palled a vote, that the fecretary fliould make duplicates of all public records, and that one fet ihould be lodged in fuch place as the houfe fliould ap* point. The council, willing to have duplicates for great- er fecurity, concurred with an amendment, viz. in fuch place as the general aifeinbly fliould dired ; but this amendm.ent the houfe rejeded. The houfe, Ending the council a bar to their attempts,, refolved, in one inflance, to a6l by themfelves. There was a complaint or fuggeition,that falfe mufters were made by fome of the officers in the pay of the province. The houfe taking the affair into tonfideration, refolved, "that one or more meet perfons be appointed by this houfe, clerk of the check, who fliall, from time to time, have an in- fpedion into the forts, garrifons and forces, and take care that every one have their complement of men ; and the better to enable them to execute the truft repofed in them,, that when and fo often as they fhall fee reafon, the com- manders of the forts, garrifons and captains of any of the companies, in the pay of this government, fhall call forth their men before them, and if any do not appear, the commanding officer to' give the reafon of fuch abfent men, and that no mufler-roU fhall be accepted and paid by the treafurer, unlefs approved of by the clerk of the check." The governor did not intend to admit this offi-* cer, appointed by the houfe, into the forts, garrifons, &c. which by the charter the crown had referved to the gov- ernor, but he kept filent. To another acl of the houfe the council took exception.^ A meffage was fent by the houfe to the council to let them know they had appointed a committee to prepare a bill for levying foldiers, . " taking it to be their peculiar care.'^ Left it fhould be underftood that this was to exclude the council from concurring or non-concurring fuch bill, or from advifmg to the levying foldiers upon an emergency in the recefs of the court, the council defired the houfe to- withdraw thofe words, " taking it to be their peculiar care," which they agreed to. At this feffion, the houfe again withheld one hundred pounds from the governor's ufual half year's falary. He had 1720.] MASSACHUSETTS. -21 had pafled it over without notice before, but now he thought it proper to lay before them a royal inftru£lion to recommend to the aflerably to eftablifh a fufficient allowance for him by a fixed falary. They fent him a reply, " that they humbly conceived what was granted him was an honourable allowance, and the affair of fet- tling falaries being a matter of great weight and wholly new to the houfe and many of the members abfent, they xlid not think it proper to enter upon the conlideration of it, but defired the court might rife." The governor com- plied with their requefl.* At * The Maffachufetts province afforded fiil)jeJl; for fume part of t"hc madncfs of the people of England 'i» this remarkable year. W'ufte l.mds have an imaginary- value fet upon them, fometimes higher, fonictimes lower, and continually afford fubjeifl for bubbles among ourfelves. Mr. Dummcr raifed a bubble from the eall- cm lands, but had not time for any very great fucccfs. " It remains now that I give an account to the general court of a very confidera- b!e undertaking which I fet on foot, and have been carrying on for feveral months paft, in hopes to procure thereby many great advantages to the province. I have projedcd a fcheme to raile hemp and flax in the eaftern fionticrs of the province 0} Maine for the fupply of this kingdom. In .order te accomplilh this defign, I pro- pofed that the lands between St. Croix and Penobfcot fhoukl be granted to the undertakers and their affjgns by the crown, and that they fhould alfo hg.ve a charter of incorporation, with all reafcnabie privileges and advantages allowed them. " I fet myfclf heartily to work, and, that I might lay a good foundation, I chofe feventeen managers for carrying it en, who are ;jll peribns of great diftinAion, and attend diligently upon the birfinefs at every meeting. My iord Barringtor. is one, and colonel Bladen of the board oi trade is another, and alderman Eailis, a commlf- fioner of the cufloms, is a third. The reft are either men of note and figure in par- liament, as Mr. Young, firll commiffioner for dating the accounts of the army, or eminent citizens, as fir Juftus Beck, who is one of the greatefc merchants in the kingdom. Being thus f^rong, 1 had no reafon to take notice cf Coram ar.d friends, or to have any ^^prehenfions of what they were doing or capable of ^doi'/g agalnft me, yet, for quictnefs' fake, I fent them v/iord that, if they vi'ould withdraw their petition and give me no more trouble, they fhould find an account of profit from this undertaking beyond what they could ever expect if it v.ere to be ur.dcr their own condu<5t. Coram immediately lubmitted to my petition, but when he after- wards WHS told that I had left out of my petition the tra6l: of land between Ktnnc- beck and Penobfcot, he ran about in a mad rage, declaring he would raiher flarvc than come into it, and that the whole defign was only a trick in me to fave that fih<* country for the villanous people of New England. I have therefore fince trcatevl and a^eed with his partners and patrons by whofe inter .-ft he v/as fiipported, fo that Coram is now entirely dropped, and I have no oppofition. " Neverthelefs, it is the opinion cf the managers to reft a little till the miniflry h.is quelled th-; great number of companies that are erected every day in defiance of the late a<5t of parliament, and are lb offenfive to the government, that the bcft fchcnie in the world would fuffer Ibme difgrace by appearing at this time. I have only te add, that I have referved twenty thoufand pounds of th.- fubfcriptiou for the ufc and benefit of the province, which, when the time come?, I will put in the name of proper truftecs for that end.'"' Dum?fnt\- Uiter, Sept. 1 7, I 720. The time never came for appointing truftees for the province. The great bubble was breaking, whitli no doubt inclined the managers of t'lis finall one to {lop a llide. 'The capital was to be one hundred thoufand pounds flerling. Query, whether there arc no bubbl^i rifinj io EnjlanJ, fioui Ui« w*ftc lands of /\nn»:iciit at this day ? 222 THE HISTORY OF [Chap. IIL At the opening the next fefTion (March 15th) the gov- ernor in his fpeech recommended meafures to preve;it the depreciation of the currency, to fupprefs a' trade carried on with the French at Cape Breton, and to punifh the authors of fadious and feditious papers, to, provide a pref- ent for the Five Nations, and to enlarge his falar}^ They refafed, directly or virtually, every propofal.. To the firft the houfe tell him, in their anfwer, " they had palTed a bill for ilTuing one hundred thoufand pounds more in bills of credit.''* This alone had a dired ten- dency to increafe the mifchief ; but they add, that " to prevent their depreciation they had prohibited the buying, felling and bartering filver, at any higher rates than fet by ;i6i: oiF parHament.'' This certainly could have no ten- dency to lelTen it. Such an a6t can no more be executed than an a6; to Hop the ebbing and flowing of the fea. It would probably carry away and keep out all filver and gold. The depreciation of their currency w^ould, not^ withflanding, have been as vifible by the rife of ex- change with foreigi:i countries, and have been as fenfibly felt by every creditor among themfelves. To his other propofals they fay, " they know of no trade carried on by any people of the province with Cape Breton, and do not think any law to prevent a trade there is neceffary ; and for fediidous and fcandalous papers, the bed way to fupprefs or prevent them is, for the executive part of the government to bring the authors to condign punifhment ; and if proper meafures had been taken to difcover and punilli * Fifty thoufand pounds had been iffued the laft year, 17ZO, and diftributed to the feveral towijs in proportion to their taxes, the hills to he repaid at i limited time ; and the goverr.or feemed to approve of &:id encourage this way of iiTuing bills at hi$ iirfl: arrival, but was afterwards convinced of their mifchievous effedls. Having about ihis time received an inilru<5lion laying him under a reftraint in ifluing bills o^ credit except for ncceffary charges, unlefs by inch ac^s or orders as fliould not have cffetfl untl'I his majeity's pkafure was known, he chofe to found his obje«5tioa f the bill upon his inftru6lion. This inflrudion was not occafioned by the bad effei5l of bills upon the currency, as later inflrudlions and a6is of parliament have been, but by a complaint from mei> chants trading to New York of an a6t of aflembly there for ifluing bills equal to for- ty thoufand ounces of plate, which were all applied to the govern®r as a gratuity over and above his flated falary, to the council for pretended fervices at the revolu- tion near thirty years before, and to the houfe of reprefentatives for their fervicea. After the bills were in private hands, to revoke the acfl would work injuftice, but to prevent fucli adts in any colony for the futiue, circwkr inilrudions were ci'dergi to the fcvcrd governors. I72I.] MASSACHUSETTS. 223 punlfh the ;iuthors of a libel, called, News from Robin/on Cru/oe's ijlandy wherein the members of the houfe are grofsly refleded upon, few or none would hate dared af- terwards to publifh any thing of that nature or tendency ; but to fufler no books to be printed without iicenfe from the governor will be attended with innumerable inconve- niences and danger.* As to the Five Nations, the houfe do not know enough of their number, nor what the other governments intend to give, and therefore cannot judge what is proper for them to do ; and for the allowance to the governor, they think it as much as the honour and fervice of the government calls for, and beheve the inhab^ itants of the feveral towns through the province are of the fame mind.'* There never had been an inflance of any governor's ro- fufmg or negleding, at the beginning of the year, to ap- point a faft, in conformity to the pradice of the country, but the houfe now endeavoured to anticipate the governor, and appointed a committee to join with a committee of council to prepare a proclamation for a public fall. The council refufed to join, <>nd acquainted the houfe they could find no precedent ; but the honfe replied, that if fuch days had not the fanclion oi the whole court, peopl* would not be liable to punilhment for working or playing. The governor, vv'illing to conform to the houfe fo far as w^ould confifl with maintaining his right of iiluing proc- lamations, mentioned in the proclamation which he foon after pubhlhed, that the appointment v/as by advice of council and upon a motion from the houfe of reprcfenialives ; but the houfe refufed to meet him, and declared they had never made any fuch motion, and ordered that no mem- bers of the houfe fhould carry any proclamations to their towns, for the prefent. The day was, however, obfcrved as ufual, except that onef of the reprefentatives of Boilon yvould not attend the public worflii^, but opened his warc- houfe as upon other days. Certain perfons had cut pine trees, upon that part of the province of Maine which had not been granted by the general * This was a juft return ^> the governor's declaration, tMt the kin^ hud ^''-'t* t^riu the poA-er «f tke preis. * t J^r. V'iliiam GJark. J224 THE HISTORY OF [Chap. III. genera! court as private property. A deputy to the fur- veyor of the woods gave hceiife to cut the trees, as belong- ing to the king. The houle appointed a committee to, join with a committee of council, which joint commit- tee were to leize and fecure, for the province, the fame logs which had been cut by licenfe. The council concur- red with a " faving to his majefly all fuch rights as are referved by the royal charter and afts of parliament to trees for the royal navy.^' The houfe defired this faving might be withdrawn, not that they apprehended the refervation made in the char- ter or the proviiion by ad of parliament were of no force, but they alleged that the trees they defigned to feize were cut by one deputed by the deputy of the furveyor of the woods, and cut, not for the royal navy, but for other ufes, and therefore they did not come within reafon of the ref- ervation or provifion. Finally, upon the council's refufmg to join, the houfe appointed a committee of their own to feize the logs, and directed the attorney general to profecute thofe who had trefpaffed and made fpoil upon the province lands. After they were feized, the houfe again defired the councij to concur a vote or order for fecuring and converting the logs to the benefit of the province. This, without any judicial determination, was flill more irregular, and the council declined meddhng with them. As the time approached for ifTuing writs for a new affembly, the governor made the following fpeech to theni before their difTolution. " Gentlemc?! of the houfe of reprefentatives ^ '*' IN my fpeech at the beginning of this feffionj I gave you the reafons of my meeting you at this time. I have fince received your anfwer, which I ihall take care to tranfmit by the firft conveyance, that his majeity may fee, not only how his governor of this province is treated and fupported, but what fort of regard is paid to his own roy- al inftru6tions. I fliall alfo lay before the right honoura- ble the lords commiflioners of trade and plantations, the bill for prohibiting a trade to Cape Breton, which I rec- ommended to you feveral feflions, ^nd which had twice the I72I.] MASSACHUSETTS. 225 the concurrence of his majefty's council, but was as often thrown out in your houfe, notwithftanding the mellage that accompanied that bill. " I am very much furprifed you fliould refufe two oth- er bills, which came down from the council, the one to prevent riots, the other to prohibit the making and pub- lifhing libels and fcandalcus pamphlets, the pafTmg of which would, in my opinion, have tended both to the honour of the government and the public peace. " But Vw'hat gives me the greatefl concern is, that the proceedings of your hcufe, with refpecl to the woods in the province of Maine, are diredly contrary to the refer- vation of his majefty's right in the royal charter and an adl; of parliament, which v/ere both fet forth in my proclama- tion, dated the ift of November, 1720, for prcvtrnting the deftrudion and fpoil of his majefty's v/oods. " I could heartily wifli, that inftead of obliging me to make fuch reprefentations to the lords of trade as I fear will not be to your advantage, you had a6led with that calmnefs and moderation, which becomes the fubjeds of a prince who poffelles thofe qualities in an eminent de- gree, and which becomes the repiefentatives of a province, that, without any encroachment on the royal prerogative, enjoys as many and as high privileges as the greateft ad- vocates for liberty can defire or expect. " I mufl therefore recommend to you a loyal and peaceable behaviour, and to lay afide thofe mifunderfland- ings and animofitics that of late prevail fo^ much among you, which you will find to be your truefl and bed in- terefl." Dodor Noyes, one of the reprefentatives of Bofton, died whilll the court w^as fitting (March i6th) after a fhort illnefs. He was very flrongly attached to the pop- ular party, and highly efteemed by them, was of a very humane obliging difpofition, and in private life no man was more free from indelicacies, Mr. William Hutchin- fon who fucceeded him was alfo a gentleman of a very fair character, fenfible, virtuous, difcreet, and of an inde- pendent fortune. He began his poKtical life at a time when perfons, thus qualified, w^ere wanted for the fervice ef #26 THE HISTORY OF [Chap, III, £>f their country, to moderate the pafnons of thofe wh(? were lefs temperate and who had the lead in the houie. In general, he adhered to the popular party alfo, but liv^ cd but a Uttie while. Longer experience might probably have convinced him, that he would have fhewn his gratis tude to his conllituents more by endeavouring to convince -them that they were running to an extreme, than by en- >couraging the fame extremities himfelf. The fellion of the general court in May, this year, begarj as unfavourably as any former feffion. The houfe chofe for their fpeaker John Clarke, efquire, who the year ber fore had be.en negatived by the governor as a counfellor. To prevent a negiitive, as fpeaker, they projected a new form of meifage direiSled to the governor and council jointly, to acquaint them " that John Clarke, efquire, is chofen fpeaker of the houfe, and is nov/ fitting in the chair." This was undoubtedly a very extraordinary contempt of the governor. Mr. John White,* a gentle- man of unfpoifsd chara6i;er, had been clerk of the houfe for many yeafi. He was no zealous party man^ but hi$ mod intimate friends, who efteemed him and fought his company for the fake of his valuable accomplifhments, were ilrongly attached to the governor. This alone was enough to difmifs him, and Mr. William -Payne, brother by marriage to Mr. Cooke, and who had form.erly beeu -of the bank party, was appointed clerk in his flead. The governor was more wroth than upon any occafion before. He came to council in -the afternoon, and fent hnmediateiy for the houfe, no doubt with an intent to diilolve the court. He had feveral faithful advifers about him, and whilft the houfe w^ere preparing to come up, he fent a meifage to flop them, and to let them know he ac^ cepted their choice of a fpeaker. This was giving a con- flrudion to their meliage which they did not intend, and it was giving his confent before it was afked, but it was to be preferred to a diilolutian ^ for a diffolution of the •court, before the eledion of counfellors, according to the conftrudion the houfe havefometimes put upon the char- i:er, would have been a diliblution of the government for on^ * He died before ihe ywr was cut (Dec. lo) #f vKe fotall-pox by iniocuUtie^ I72I.] MASSACHUSETTS. 227 one year at lead, becaufe the time mentioned for the firlt election was the lafl Wednefday in May. The counlcl* lors named in the charter were to continue until others were chofen and appointed in their Itcad. I do not know of anv words in the charter which v/ould make the choice upon another day invahd, akhough that be the day more particularly deligned for that bufmefs. The houfe (hew, ed their refentment againil the lieutenant governor and Mr. Belcher, who were both left out of the council. The reil were continued. The next {lep was the appointing a committee to carry a hfl of the new cleQed connfellors to the governor ; but the committee was not to defire his approbation, though this form had never been omitted in anv one in- ftance. The governor fent the lift back and took notice of the omillion. The houfe thereupon refolved, " that confidering the fmall-pox was in Bofton, and they were very delirous the court fhould be removed to Cambridge, they would fend the lift in the ufual terms, faving their right to aflert their privileges at a miore convenient time." What privileges they had in their minds it is difhcuh now to difcover. Surely they couLd not imagine the eleclion would have been valid without his confent. The governor negatived colonel By field, the reft he con- fented to.* The court was adjourned to Cambridge. The gover- nor, in his fpeech, took no notice of paft differences. All was fair and fmooth, and all was fair in the houfe alfo the firft fortnight ; but on the 19th of June, the gover- nor's fpeech at the diffolution of the laft aflembly was ordered to be read, and a committee was, appointed " to vindicate the proceedings of the hgufe from the infmua- tions made by the governor of their want of duty and loyalty to his majefty." This committee made a report, not in the form of an addrefs or meffage to the governor, but of a narrative' and juftification of the proceedings of the * An odd aflfair happened in the houfe, this fitting of the court. One'cf the members fat down in j-rayer time. The fpcaker, after prayers, alked him the rea- fon of it. He faid he could not join with them in calling God " ot^r Fatlitr." The houfe immediately rcfolvtd, " that Philip Tabor be exptlkd this houie -3 Ji*l >Yortby tc ccntir-ue » u-itiubcr therco:.". S28 THE HISTORY OF [Cha?. IIL the lail afTembly, and the houfe accepted it and ordered it to be printed. To vindicate the pafl proceedings about the pine trees, a full confideration was now had of the feveral ads of parliament, and the refervation to the crown in the prov- ince, charter. The houfc did not deny a right in the crown to the trees, vvhiill they were Handing and fit for mails, but fuppofed that, as foon as they were felled and 4:ut into lengths fit for boards or timber only, the right of the crown ceafed, and the owners of the foil recovered or acquired a new property in them. This, it was faid, would render the provifion made for the prefervation of the trees, which at bed is fufficient, to be of no effed, nothing being more eafy than for the owners of the foil to procure the trees to be felled and cut into fhort logs, without polnbility of difcovery. However, they came to Jhe following refolution, viz, " That inafmuch as a great number of pine trees have been cut in the province of Maine, which, when fcanding, were fit for mads for the Toyal navy, but are now cut into logs of about twenty feet in length, and ' although the .cutting them Ihould be allowed to be an infringement of his majefly's rights re- ferved in the charter,' yet in the condition they are now in, being no longer capable of being ufed for mads, it is iav/ful for and behoves this government to caufe fuch logs to be feized and converted to their own ufe, and to bring the perfons v/ho cut dov;^n the trees to punilhment.'' In confequencs, and for the purpoles of this refolve, a com^ inittee was appointed, The refervarion in the charter is In thefe words- — •" For the better providing and furnifliing of malls for our royal navy, we do hereby referve to us, our heirs and fucceffors, all trees of the diameter of twenty-four inches, and up- wards of twelve inches from the ground, growing upon any foil or tra6l of land not heretofore granted to private perfons. And v/e redrain and forbid all perfons whatfo- -ever from felling, cutting or dedroying any fuch trees without the royal licenfe of us, our heirs and fuccelTors iird had and obtained, upon penalty of forfeiting one hun^ dred pounds derhng unto us, our heirs and fucccffors, for every fuch tree/* Jt ^721.] Massachusetts. 229 It was fald further upon this occafion, that ahhough the crown referved the trees and reflrained all perfons from ciUting them, which the neceflity of the trees for national ufe and fervice might be fufficient to jiiilify, yet it was not equitable to take them without a valuable coniid- eration. The crown had made an abfolute grant of the province of Maine to Gorges, from whom Pvlallachufetts purchafed. The Maffachufetts charter indeed was de- clared forfeited. Where the right was after that, mi^jht be difputed, but this was a hard judgment, and it was the plain intent of the charter in general, to rcPccre rights^ except that of the form of jurifdiftioii or adminiftration of government, to the former (late. Be this as it may, it has however been thought by fome judicious perfons, that coTifidering the extreme difficulty at prefent of convicting trefpaflers of cutting the king'*-? trees, and by fuch conviction putting a frop to the fpoil and havoc continually maldng, it -would be good policy to allow the owners or proprietors of thefe lands a fum for every tree, felled for a malt, equal to vvhat it would be worth when cut into logs for boards or timber. This would be fcarce a tenth part of the value of the tree for a mafb, and yet would take a^way the temptation to cut it for logs, and would encourage the preferving and culti- vating the young trees, which are at prefent of ieffer di- menfions. Trees that are incapable of ever ferving for mails, either from decay or other defects, although of fufficient diameter, might alfo be allowed to be cut for Jogs, and it would be no prejudice to the crown. At prefent, the trefpalTers m.ake no diflin6:ion, and trees are continually cut worth twenty pounds liicrling for a mad, which, when cut into logs, are fcarce worth twenty {hil- lings. Very few trees are cut for mails by trefpaflers. The notoriety of hauling, felling and fliipping mafls, will render it very difficult, when the burden of proof where the mads were cut fhall lie upon the pcrfon who claims the property, to efcape difcovery and conviction, whereas^, among the multitude of logs which are continually let loofe to float down rivers to faw-miils, the greatcfl part txf the trefpalTes will efcape notice. There *3b THE HISTORY OF [Cha?. tlL There are great numbers of white pines, growing in parts of the country fo remote from the fea or any river by which they can be floated to the fea, that the expenfe of brino^ins: them thither would be twenty times the value of a mail: in England. It feems unneceiTary to deprive the inhabitafits of fuch places from making ufe of the trees for tim.ber and boards, when they mull infallibly decay and die in the ground-, if they are to ferve for no other purpofe but maflsi, But to return. The houfe negiecled maldng any pro- vifion for the fupport of the governor, or the other offi- cers of the government who depend upon the court for their falarles. They waited to fee how far the governor would confent to their feveral ads and votes. On the other hand, the two houfes having chofe the treafurer, impoft officer, and other civil officers, the governor laid by the lift, and neither approved nor difapproved. V^Then the houfe fent a melTage to the council, to inquire wheth- er the governor had pafTed upon the lift, he directed the committee to tell the houfe that he fhould take his own time for it. This occaftoned a reply from the houfe, and divers meft'ages and anfwers pafted upon the fubjed* At length the houfe, by a vote, determined they would not go into the confideration of grants and allow^ances before his excellency had pafted upon the a6ls, refolves and elec- tions of that feffion. This was in plain terms avowing what the governor at firft charged them with tacitly in- tending. To have recurred to this inftance would have laid the houfe under difadvantage in the difpute, fome years after, about a ftxed falary. To compel the gover- nor to any particular meafure, by making his fupport, in whole or in part, depend upon it, is faid to be inconfiftent with that freedom of judgment in each branch of the leg- iflature, which is the glory of the Englifti conftitution. This was not all. The houfe withheld the fupport of all the other falary men, becaufe the governor w^ould not comply with the meafures of the houfe. Refentment was ftiewn againft fome of the governor's fi-iends. The agent in England, Mr. Dummer, in fome ©f his letters, had informed the court of the fentiments of tkc I72I.} MASSACHUSETTS. ^ji the miniilry upon the proceedings of the houfe of rcpre- fentatives, and of the general approbation in England of the governor's condud. A faithful agent would rather fell them the truth, than recommend himfelf to them by flattery and falle reprefentations. He lod the favour of the houfe, who, upon the receipt of thefe letters, voted, that it v/as not for the interefl of the province Mr. Dum- rner fliould be continued agent any longer, and therefore it was ordered that he iTiould be dilmiiled.* This vote they fent to the council for concurrence, who defired the houfe to inform them of the grounds and reafcns of this' difmiffion. The houfe voted the n^efiage to be unprece- dented, and infifted that the council had nothing elfe to do but to concur or non-concur, and then they non-con- curred the vote ; but this was much the fame with a dif- miflion, at lead for a time ; for an agent having no fixect falary depends upon temporary grants, which the houfe refu fed to make, after this vote. Patil Dudley, efquirc, another of the governor's friends, had the misfortune alfo of falling under the difpleafure of the houfe. Me had been chofen, by a fmall majoritv> counfellor for Sagadehoc. By the charter, it w^as necefla- ry for him to have been an hihabitant or proprietor of that part of the province for w^hich he was chofen. Hr dwelt in the old colony of Maliachufetts, It was fuggeft- ed in the houfe that he had no lands at Sagadehoc, and they appointed a committee to inquire Into this fa61:. IJpoit their applying to Mr. Dudley for evidence of his title, ho told them it was too late, they fhould have inquired be- fore * Mr. Dun-rnrr was publifliing his (Teferce of th^'^ charters nhcn this vote paiTeJ for his difmifTion. " I think it now paft ail doubt that a bill will he broujjht intf* the houfe of commons at their next fefiion to disfranchiie the charter Kovcmmcnt?, and therefore I have printed a manufcript which has lain by n>c fome time in de- fence of o'ur charters. I have dedicated it to my lord Carteret, one of his majefly'i principal fccretarics of flate, and who has the plantations under his care, for which I had his lordfliip'^s permiflion. It will come out to-morrow, and I will put up a f^-w of them under cover to vow. for the ufe of any nieniTiers of the general couit wh* may have a defire to fee what I have wrote on the fubje6t. " I expect no thanks from the afTejubly for this fervice, as I had none for thf cotinterfeit bills fent them over laft fprin-^, though I thought it an important fcr- vice. It is a hard fate upon mc, when I am doing the province and the gentlemen in it all the honour and juftice that is in my power, that fome pcrfons in the lowrr koufe Ihould tike equal pains to lefTen and expofe me. I wifh they do not preju- dice themfelvcs by it in the end. It matters very littlj whitt bcc^m^* »r me- ' d52 THE HISTORY OF [Chap. IIL fore the eledion. Perhaps he was in ah error. He went on and told the conimittee, he had a deed which he would not expofe to the houfe, but he would ihew it to two or three of the members. Upon this they fent another com- mittee, to inform him it was expeded he ihould produce his deed the next morning, to be laid upon the fpeaker's table. He replied that he would not produce his deed before the houfe, for they might pofTibly vote it infuffi- cient. in this part of the province there are fcarce any lands which have not more than one ciaimer, and it is not improbable foiiie of the members of the houfe claim- ed the lands in Mr. Dudley's deedi The vote of the houfe Would not have determined his title, but might have undue influence upon a jury in a judicial proceeding. Mvk Dudley's anfwer was unfatisfadory, and the houfe voted that it was an affront ; that his declining to produce his deeds gave fufticient grounds to believe that he was no proprietor, and it was therefore refolved that his elec- tion be declared null and void. This vote being fent to the council \va$ by them unanimouily non-concurred. No grants had been made, and no officers for the enfu- ing year had been conflituted ; the houfe, notwithftand- ing, fent a meifage to the governor to defire the courjt might rife. He refufed to gratify them. Thurfday the 13th of July had been appointed for a public faft. The members defired to be at home with their families, and on Wednefday, by a vote, they adjourned themfelves to Tuefday in the next week. The houfe of commons ad- journ for as long time, without any immediate ad: of roy- al authority, but, I prefume, never contrary to a fignifi- cation of the mind of the king ; and the adjournments over holidays are as much eflabliflied, by ancient ufage, as the ordinary adjournments from day to day, and, being conformed to by both houfes of parliament, no inconve- nience can arife. But the charter was urged by the gov- ernor to be the rule in this aifembly, not the analogy between a Maifachufetts houfe of reprefentatives and the commons of Great Britain. The governor, by charter, has the fole power of adjourning, proroguing and diffolv- ing the general court. Taken flridly, it would be extremely l72i.] MASSACHUSETTS. 233 extremely Inconvenient ; for the acl of the governor would be necefiary every day. Upon a reafonable conftrudion, therefore, the houfe had always adjourned from day to day, but never for fo great a number of days. The coun- cil, who were obliged to fpend near a week without bufmefs, unanimouily voted, upon hearing the houfe had adjourned, that fuch adjournment, Vvithout his excellency's knowledge and confent, was irregular and not agreeable to the charter. The governor afterwards made this adjournment one of the principal articles of complaint againft the houfe. Upon Tuefday, like th® firfl day of a fcflion, there was fcarcisly a houfe for bufmefs. The next morning fome Votes paffed, which were offered to the governor, and which he would not fuffer to be laid before hini, until he had fent for the houfe and told them they had made a breach upon his majefliy's prerogative, which he was under oath to take care of, and he infided upon an ac- knowledgment of their error befort they proceeded to bufmefs. The houfe, by a vote or refolve, declared they had no defign to make any breach upon the prerogative, but ac- knowledged they had made a miflake in not acquainting his excellency and the board with the adjournment. The governor obferved to them, that they had induiLri- oufly avoided acknowledging that the fole power of ad- journing, as well as proroguing and diifolving the general alfembly, is veiled in his majefty's governor by the royal charter. They thereupon agreed to the following meifage. " The houfe of reprefentatlves do truly acknowledge, that by the royal charter your excellency and the governor for the time being have the fole power and authority to adjourn, prorogue and diifolve the general court ; and the houie further acknowledge, that your excellency ought to have been acquainted with the defign and intention of the houfe in their adjournment from Wednefday the 12th to Tuefday the 18th inilant, before they did adjourn, and that it was fo defigned and cafually omitted." The houfe carefully difllnguifhed betVvecn the power of adjournin.g the general court and adjourning the houfe of Vol. II. (^ reprefentatlves. S34 ' THE KISTOfet OF [Chap, ifc reprefentatives, one branch only, and fcem to fuppofcji that their only millake was their not acquainting the gov- ernor and the board v^^ith their intention, which was by- no means fatisfaftory to thd governor, and he immediately ordered the houfe to attend him in the council chamber. The fpeaker ordered all the members of the houfe to be called in, and, expedling a difTolution, they refoived " that all the votes of the houfe in the prefent fefTion-, more efpe- cially relating to any mifunderiianding or difference that hath arifen between- his excellency and the houfe, fhall be prepared to be fent hbme, and that the fpeaker tranfmit them to William Taikr, efquire, now refident in London, or, in his abfence, to fuch meet perfons as he fhall think iit, defiling them to lay the fame before his majefty in council, or any where elfe, if n^ed require, to obviate any complaint that may be made by his excellency the gov- ernor againfl the proceedings of this houfe for their juft and neceffary vindication." So much time was taken up' in this vote, or refolve, that the governor was highly of- fended, and fent a fecond time, requiring them to attend him forthwith,- It has always been the practice of the houfe, before and frnce, upon a meflage from the gover- nor, to (top all bufmefs and go up- without delay. The fpeaker, at this time, was among the forwardelt in the oppofitiou. There v/as no need of four or five m.embers to hold him, as the fpeaker of the houfe of commons w;as once held, in the chair, until a number of ilrong refolu- tions had paifed the houfe. The governor directed his fpeech to the houfe only. " Gentlemen of the houfe of reprefentatives ^ " I AM very much concerned to find in the printed journal of the houfe, firft, an order to appoint a commit- tee to draw a memorial upon, or reprefentation of, my fpeech, made before the diffolution of the aiiembly in March laft, and afterv\^ards the memorial itfelf, figned by Mr. Cooke, in the name of the committee. " This treatment is very furprinng, from a houfe of reprefentatives that profefs fo much loyalty and refped to his majefty's government. It appears to me to be very irregular, that the prefent houfe of reprefentatives, where- ©I r72i.] MASSACHUSETTS. * -35 of John Clarke, efquire, is fpeaker^ and which confifts of a majority of new members, fliould take upon them to anfwer my fpeech made to a former houfe of reprcfcnta- lives, whereof Timothy Lindall, efquire, was fpeaker. Thefe proceedings are not only improper, but without precedent from any former alfembly. " I mufl alfo obferve to you, that you have not (liewia that refpecl which is due to me as governor of this prov- ince, by fufFering this order or memorial to go into the prefs, before it was communicated to me, which, if you had done, I could have convinced you that it would have been very much for the fervice of your conftituents, that neither the order nor the memorial fhould have appeared in print. " It is my opinion, that you will quickly be convinced how much you have been wanting in your duty and inter- efl, by difowning the authority of the right honourable board, which his majefly has conftituted to fuperintend the affairs of the province and all the other plantations. " For thefe reafons, I Ihculd have didolved the general court when the memorial firll appeared, but I was in hopes the houfe might have been brought to correv^l or expunge it. Inlf ead of making this ufe of my tendernefs, you have gone on in the mod undutiful manner to with- draw from his majefty's and your country's fervice, by adjourning yourfelves for near a week, without my knowl- edge or content, contrary to the royal charter, which ab- folutely vefts in the governors of this province the povver of adjourning, proroguing and difiblving ; and that at a time when I thought it for the interefl of the colony to adjourn you for two days only, having an affair of the greateffc confequence to communicate to the houfe, which was to perfuade you to take fome effectual meafures to prevent the plague comitig among us, there being noth- ing fo likely to bring it in as the French filk and fluffs which are conftantly brought into this province. " Thefe your unwarrantable proceedings oblige me to diffolve this affembly." This fpeech, and the diffolution which followed, further alienated the minds of the people from the governor. C^2 Scxrx -36^ THE HISTORY OF [Chap. IHv Some of his friends -wiflied he had carried his refentment no farther than putting an end to the feffion, and giving time to dehberate. There was no room tb exped a change for the better, upon anew election.' There wtis yet no open -Wcir with- the Indians, but they continued their infuks. The French infligated them, and' furnifhed them with ammunition and provifions. Gov« crnor Shute piibHfhed a proclamation requiring the inhab- itants to remain upon their eilates and keep polfeflion of the country. No wonder the proclamation was not obeyed. Tknow no authority he had to require them to remain. If the prefervation of their own property v;as not fuliicient to keep them there, it could not be expeded- they would remain merely as a barrier for the reft of the province. In the month' of Aiiguft, two hundred Indians, with' two French Jefuits,; came to George-town upon Arowfick iiland, armed and under French colours, and, after fome parley with the inhabitants, left a letter to be delivered tc the governor, in which they make a heavy charge againfl the Englifli for unjuftly imT.ding the property of the In°' dians, and takingTrom them the country which God had' given them; Ralle, their fpiritual father, was their patron alfo in- their temporal concerns^. Eithei* from a confcioufnefs of their having conveyed the country to the Englifh, or from-^ a defire of peace and quiet, they were averfe to engaging in war. When' they were at their villages, the priefts lyere continually- exciting them to a£t vigoroufly, and drive all the Englifh to the weftward' of Kennebeck ; and fuch was their influence over them that they would often- fst out from home, with great reiblution to perfift in their <.lemands, and in their parleys with the commanders of forts 3 as well as at more public treaties, would appear at firft to be very fturdy, but were foon foftened down to a- better temper, and to agree that the Englifli fhould hold the lands without moleftation. When they returned home, they gave their father an account of great firmnefs. they had fhewn in refufmg to make any conceflions, and to this we are to impute the erroneous relation of thefc treaties by Charlevoix and others. But .172^1.] M AS S A C H U S E T T S. c^^ But about this time Toxus, the Norridgcwock chief, died. When they came to choofe another Toxus, the old men, who were averfe to war, contrary to Ralle''e, mind pitched upon Ouikouiroumenit, w'ho had always been of the pacific party. They took anotlier very diJa- greeable flep, and fubmitted to lend four hoitages to Bof- ton, fureties for thdr good behaviour and for the payment of the damages the English had fuftaincd. Vaiidreuil, the governor of Canada, was alarmed, and thought it nec- effary to exert-himfelf upon. this occafion. He writes to father Rallc, of the :15th of June — " I was at Montreal, my reverend father, v/hen your letters of the -i 6th and i8th of May came to my hands, informing me of the bad ftep taken by the Norridgewocks, in choohng Quikouirou- -nienit fuccelTor to thedcceafed To.?ius, of tlie great lofs which the -whole Abenakis nation hath fuftain<:d by his death, and the divifions prevaihng among the Norridgc- wocks, many of whom, and efpecially their chiefs, have betrayed the intereft of their tribe in openly favouring the pretenfions of the Englifli to the country of Norridgc- wock. The faim hearts of your .Indians in giving hod- ages to the Englifh, to fecure payment of the damage they have fuflained, and the audacious language which they have ufed to the Indians, in order to keep paiTefiioi^ of their country and to drive you out of it, fully convinced me that every advantage v/ould be taken of the prefenc itate of affairs, to fubjedl them to the E>iglifh, if the ut- mofl care fliould not -be immediately taken ^to prevent fo great a misfortune. Without a moment's-delay, I fet out, in order to. apply myfelfto.the bufmefs at Montreal, and from thence to St. Francois and Becancour, where I pre- vailed with the Indians of thofe villages v^Igoroufly to fupport their brethren of Norridge^vvock, .and 4o fend two deputies for that purpofe, to be prefent at -the treaty, and to let the Englilh know that they w'ill not have to do with the Norridgewocks alone if they continue their inju- ries to them. The intendant and I have joined in a let* ter,to defire father la Chafe to take a journey to Norridgc- wock, in order to keep thofe Indians in their prefent dif- ^pofition, and to encourage them to behave with (irmnefs and 23S THE HISTORY OF [Chap. III. and refolution. He will alfo go to Penobfcot, to engage them to fend fome of their chiefe alfo, to be prefent on this occafion and to ftrengthen their brethren,'* Begoir, the intendant, writes at the fame time to Ralle : *' I wrote, my reverend father, to Monf. de Vaudreuil, who is at Montreal, the fentiments of father de la Chafe and my awn, viz. what we think convenient to be done, until we hear from the council of the marine whether the French Ihail join the Indians to fupport them openly aindnli the Englifli, or fliall content themfelves with fup- plying ammmiition, as the council has advifed that M. Vau- dreuil might do, in cafe the Engliih fliould enterprife any thing againft them. He thought it more proper to fend the reverend father la Chafe, than Monf. de Croifil, lieu- tenant, &c. becaufe the Enghfh can have no room to ex- cept to one mifTionary^s vifiting another, the treaty of peace not forbidding it ; whereas, if a French officer was lent, they might complain that we fent French men into a country, which they pretend belongs to them, to excite the Indians to make war upon them. " It is to be wifhed that you and your Indians may be fuffered to live in quiet until we know the king's inten- tions whether we (hall openly join the Indians if they are attacked wrongfully; in the mean time we fhall affift them with ammunition, which they may be alfured they fhall not want. " P. S. Since I wrote the foregoing, the Indians of St. Francois and Becancour have defired M. Vaudreuil that M. de Croifil may go with them to be a witnefs of their good difpofition, and he has confented to join him, with father de la Chafe." The Maffachufetts people made heavy complaints of the French governor, for fupporting and ftirring up enemies againd them in time of peace between the two crowns, but he juftihed himfelf to his own malfer. Ralle was ranked by the Englifh among the mod infamous villains, and his fcalp would have been worth an hundred fcalps of the Indians. His intrepid courage and fervent zeal to promote the religion he profelTed, and to fecure hi-s neo^ phytes or converts to the intereft of his fovereign, were the €721.] MASSACHUSETTS. £35, the principal caufes of thefe prejudices. The French, for •the fame reafons, rank him with faints and heroes. He had been near forty years a miilionary among tlie Indians, and their manner of life had become quite eaiy and agree- able to him. They loved and idolized him, and were al- ways ready to hazard their own lives to proferve his. His* letters upon various fubjedls difcover him to have been a man of fuperior natural powers, which had been improved by an education in a college of Jefuits. The learned languages he was mailer of. His Latin is pure, >cla(Iical and elegant. He had taught many of his con- verts, male and female, to v/rite, and correfponded with ■them in their own language, and made fome attempts in Indian poetry. When he v;as young, he learned to fpeak Dutch, and fo came more eafily to a fmattering gf En- g\i(h, enough to be underflocd by traders and tradefmen who had been employed in building a church and other work at Norridgewock. He correfponded, in Latin, with one or more of the miniders of Bofton, and had a great fondnefs for fliewing his talent at controverfy. Pride v/as -his foible, and he took great delight in laill^ry. The En- glifli idiom and the flat and bald Latin, in fome of his correfponde.nts' letters, afforded h-hn fubject. Some of hi.j xotemporaries, as v/ell as Cotton^ Norton, Mitchel, and •Others of the firfl nxinifbers of the country, would have .been a match for him. He contemned and often provok- ed the Englifli, and v/hen threatened with deftru^^ion by them, if they fhould £ver take Norridgev/ock, he replied — If- — . We fhall fee, by-and-by, that he met with the fame fate with others long before him, who by the like laconic and infulting anfwevs had unnecefTarily provoked their, enemies. The Englifli charge the Indians with perfidy and breach of the moft folemn engagements. The Jefuit denies it, and juftiiies their conduct from their being under dureife at fuch times, and compelled to agree to whatever terms are propofed to them ; particularly when they met gov- ernor Shute, at Arowfick, in 1717, he fays, "The body of the Norridgewocks had fully determined, that the En- glifn Ihouid fettle no farther upon Kennebeck river than a certain 24« THE HISTORY OF [Chap. TIL certain mill ; for all the pretence they had to go beyond that, was a bargain of this fort, made by fome Englifhman with any Indian he happened ,to meet with — :' I will give you a bottle of rum if you will give me leave to fettle here, or if you will give me fuch a place ; give me the bottle, fays th^e Indian, and take as much land as you have a mind to : the Englifhman afks his name, which he writes down, and the bargain is finiflied.' Such fort of bargains being urged againfl the Indians, at the treaty, they rofe in a body and went away in great wrath y and although they met again the next day and fubmitted to the governor's terms, yet v/hen they came home, all they had done was difallowed by the body of the nation and rejeded/* Whiifl the Englifh kept within the mill, the Jefuit forbad the Indians moleiiing them ; but if any fettled beyond thofe bounds, he allowed and encouraged the Indians to kill their cattle and to make other fpoil. The confideration made by the purchafers of Indian lands v/as not always fo inconfiderable as the Jefuit men- tions,and thepurchafes were from chiefs or reputed chiefs or fachems, and poflefTion had been taken and improve- ments made fqores of miles, beyond the limits he wauld reiLrain the Englifh to, more than fixty years before. The French governor, Vaudreuil, in his manufcript let- ters, and the French hiilorian, Charlevoix, in print, fup- pofe the Englifh fettlers to be mere intruders, and charge the Enghfh nation with great injuftice in difpoffefTrng the Abenakis of their country. The European nations, which have their colonies in America, may not reproach, one another upon this head. They all took po&fIion<, contrary to the minds of the natives, who would gladly have been rid of their new guefts. The befl plea, viz. that a fmail number of families laid claim to a greater part cf the globe than they were capable of improving, and to a greater proportion than the general proprietor defigned for fo few people, who therefore had acquired no fuch right to it as to exclude the refi: of mankind, will hold as w^ell for the Englifli as any other nation. The firfl fet- tlers of MaHachufetts and Plymouth were not content with this, but made confcieace of paying the natives to theij- /atisfaftioB^ 172I.J MASSACHUSETTS. 24} fatisfaftion for all parts of the territory which were not depopulated or deferted, and left without a claimer. Gorges, the original patentee of the province of Maine, made grants or conveyance of great part of the fea-coalc and rivers of that province without purchafe from the na- tives ; other parts had been purchafed from them by par- ticular perfons, and the remaining part, as well as the country eaft of i:, the government claimed by conquefi: ; but it muil be confelled, that in the feveral treaties of peace this right had not been acknowledged by the In- dians, nor infided upon by the Englifli, this controverfy being about thofe parts of the country which the luiglifh claimed by purchafe, and nq mention made of a right to the whole by conquefi. The governor, immediately after the diiTolution of the general court, ifTued writs for a new houfe of reprefenta-. tives, and the court met, the 23d of Aygud, at the George tavern, the extrejne part of Bofton, beyond the ifthmus or neck, the fmall pox then prevailing in the town. The houfe chofe Mr. Clarke, their former fpeak- cr, and informed the governor of it by mellage, and he fent his approbation, in writing, to the houfe. They palfed a refolve, that they intended no more by their melfage than to inform the governor and council ot the choice they had made, and that they had no need of the governor's approbation. The firfl act of the houfe gave new occafion for contro- verfy. They were fo near the town as to be in danger, and, inftead of defiring the governor to adjourn or pro- rogue the court to fome other place, they paflbd a vote for rem.oving the court to Cambridge, and fent it to the council for concurrence. The council non-concurred th(* vote. The governor let the houfe know, that he fliould be very ready to gratify them if he was applied to in fuch manner as fhould confifl with the fole right in him of adjourning, proroguing and diilblving the court. They replied, that they were very willing to acknowledge his right, fo far as refpecled time, but as to place, by the law of the province the court was to be held ia.Boilon, and therefore ^n a^ or order cf the t^aree branches wa^ ni?ceffary 242 ' THE IIISTOr^Y OF [Chap. Hi 3iiecefrary to remove it to any other place. They let the governor know further, that although they had convened in confequence of his fummons, yet, as m^ny of the mem- bers apprehended their iives in danger, they would leave the court and go hoirie. There was a quorum, however, who hole to rill: thdr lives rather than concede that the governor had pov/er, by his own ad;, to remove the court from Bofton to any other town in the province, or riik the confequence of refufing to remain a fuffxient number to make a houfe. The governor had received from England the opinion •of the attorney general, that he had good right to nega- tive the fpeaker, and the lords commiflioners of trade and plantations had wrote to him and fignified their approba- tion of his proceedings. Thefe papers he caufed to be laid before the houfe. The houfe drew up a remon^ fh-ance, in which -they judify their ov/n conduct and that of former aiTembiies, in their controverfies with the gov- ernor, and with a great deal of decency -declare, that, with all deference to the opinion of the attorney general, they muil flili claim the right of folely dealing and conltitut- ing their fpeaker ; and they humbly prefumed that their fo doing could :not be conilrued a flight of or difrefpeft to his majefty's inilrudions, or bearing upon the royal prerogative. The governor gave them a (liort and very moderate anfwer ; that he had made his majeily's inftruc- tions and the royal charter the rule of his adminidration ; that he did not defire to be his own judge ; the former houfe had voted to fend an account of their proceedings to England, and it would be very acceptable to him, if the prefent houfe would ilate ithe cafe and fend it home to perfons Isarned in the law, and give them diredions to appear for the houfe, that his majefty might judge between his oovernor and them ; but in the mean time it was his o duty to foilovsr his infiruclions until they were counter- manded. Here feems to have been a calm interval. The flame was abated, but the fire not extinguiflied. Frefli fuel foon caufed a frefli fiamc. The grant to the governor aficrded proper matter. It was faid the houfe were bad economiils. I72I.] MASSACHUSETTS. 243 cconomlds. To fave an hundred pounds in the govcr* no' 's ialary, they put their conftituents to the expenfe of f.vj hundred pounds for their own wages. If the gov- ernor's deiTiand was unrealbnable, the houfe may be jufti- hea, although the wages of the members for the lime fpent in the debate amounted to much more than the fum in diipjre. The currency alfo continued to depreciate ; but this is a coniiJeration wliich never had its jufi: weight. Twenty fliilhngs one year, mufL be as good as twenty fhiUings another. They received and paid their private dues and debts in bills of credit according to their denom- inations — why fliould not the government's debts be paid in the fame manner ? A majority of the houfe were pre- vailed upon to vote no more than five hundred pounds for half a year's falary, equal to about an hundred and eighty pounds flerling. The governor was irritated ; inflead of obtaining an eftabliflied falary of a thoufand pounds fterling per annum, which he had been inflruded to infift upon, his whole perquifites from the government would not alFord him a decent fupport, and they were growing leis every day by the finking of the currency in its value. The houfe, from an expectation that the governor would, from time to time, make complaints to the minif- try, voted 500I. fieri, to be paid into the hands of fuch perfons as ihould be chofcn to defend their rights in En- gland ; but the council refufed to concur the vote, be- caufe it was not CApreffed by whom the perfons fhould be chofen. At the clofe of the felTion, the houfe and council came into a vote, and the governor was prevailed with to con- fent to it, " that three hundred men fhould be fent to the head-quarters of the Indians, and that proclamation fnould be made, commanding them, on pain of being profecuted with the utmod feverity, to deliver up the Jefuits and the other heads and fomenters of their rebellion, and to make fatisfadion for the damage they had done ; and if they refufed to comply, that as many of their principal men as the commanding oflicer fliould judge meet fliould be feiz- ed, together with Ralle, or any other Jefuit, and fj^nt to Boflon ', £44 THE HISTORY OF [Chap. i& Bofton ; and if any oppofition fhould be made, force Ihould be repelled by force.'* Jlidge Sewall,* one of the council, fcrupled the lawfulnefs of this proceeding againll the Indians, and entered his dilTent. After the gener?4 court was prorogued, the goyernor, notwithftanding he liad confented to the vote, fufpended the profecution until .the Indian hoflages efcaped from the Caftle ; but a war being then deemed inevitable, orders were given for raif- ing the men. The hoftages \yere taken and fent back to their confiitenient, and then the orders were recalled. A proniife had been made by the governor to the In- dians, that trading houfes Iho.uld be built, armourers or fmiths fent down, at the xharge of the .province, and that they fhould be fupplied with pravifions, clothing, &c. for their furs and ikinsoi The comphance with this promife was expected from the general court, and at any other time it would have been thought a xvell-judged meafure ; but the unhappy controverfy with the governor would 2iot fufFer any thing from him to be approved of, and the private traders provoked the Indians by their frauds and other injuries, and it feems the governor, as well as good Mr. Sewall, fcrupled whether a declaration of war againfl: them was juft or prudeutc Tills houfe and council chofe to call the proceedings againll them a profecution for rebellion, but, if a view be taken of all the tranfaclions between the Englifii and them from the beginning, it will be difficult to fay what fort of fubjecls they were ; and it is not certain that they underftood that they had promifed any fubjedion at all. The houfe, dllfatjisfied with the governor for not carry- ing into execution a vote of the whole court, refolved at the beginning of the next lellion, " that the government has Hill fufhcient reafon for pi'ofecuting the eaftern In- dians for their many breaches of covenant." The vote being fent up for concurrence, the council defired the houfe * This gentleman was a ^ood friend to the aborigiaals of every tribe, not from ■mere humanity and compaflicn, but he v/as much inclined to think they were part of the ancient people of God, and that the ten tribes, by fome .means or other, had ftroUed into America. He was a commifl'ioner from the corporation for propagat- ing the gofpel among them, and with his own fubjlance b'.ult them a fynagogue, , iind did mauy other charitable ar^is. ,_ f Treaty ?.t Arowfick. iyl I .] M A S S xA: C H U S E T T S". J4 r hoiife to explain what they intended by prorecution, bu»: they refufed to do it, and defircd the council cither to concur or non-concur. The houfe rcfufing to explaiit their meaning, the board undertook to explain it, and con- curred the vote with a declaration that they underftood it to be I'uch a profecution as had been determined the former fellion. This no doubt was irregular in the coun- cil, and left room to queftion whether it was a vote of the court, the houfe not having agreed to it as the counci! qualified it. However, in confequence of it, a party of aien were ordered up to Norridgewock, and returned- with no other fuccefs than bringing off fome of Ralie's books and papers, his faithful difciples having taken care to fecure his perfon and to fly with him into' the woods. This infult upon their chief tovs\n, and the fpoil made up- on their prieil, will not long remain unrevenged. The fellion began at Boiton the ;i^(\ of November. The governor prorogued the court, to meet at Cambridge the 7th ; and before they proceeded to bulniefs, to avoid any difpute about the place of meeting, which would have obflrucled the important affairs of the province, he gave his confent to a- vote of the tv/o houfes, that by this in- llance of the governor's adjourning the court, no advan- tage fliould be taken in favour of his fole power of remov- ing the court from place to place. In his fpeech, he had- taken no notice of party difputes, and only recommended* to them to raife money for the fervice of the government,- and particularly of their expofed frontiers. The houfe, in their vote for fupply of the trcafury, brought in a claufe which had not been in foruier votes, and which the council fuppofed would lay fuch rcftraint upon- the money in the treafury, that it would not be in the governor's power, with their advice and confent, ^cy much as to pay an exprefs without a vote of the whole court ; they therefore non-concurred the vote, and the houfe refufed any provifion without that claufe. In the midft of the difpute, Mr. Hutchinfon, one of the members for Bofton, was feized with the fmall-pox and died in a £cw days.* The fpeaker, Mr. Clarke, was one of the moft * N9Y. 3«. . ^4^ THE HISTORY OF [Ckap. IIL mofl noted pbyficians in Bofton, and, notwithflanding all his care to cleanfe himfelf from infedion, after vifuing his patients, it was fuppofed, brought the diitemper to his brother member ; which fo terrified the court, that after the report of his being feized, it was not pollible to keep them together, and the governor found it neceffary to pro- rogue them.* At the next felhon in Marchj, the hqufc infiiiing upon the form of fupply which they had voted in the lall feillon, the council concurred. An allair happened during this feffion, which fnewed the uncertainty of the relation the Indians flood in to the Engiifh. Caftine, fon by an Indian wom.an to the baron de St. Caftine, who lived many years in the laft cenmry at Penobfcot, had appeared among the Indians, who v/ere in arms at Arowfick, By an order of court, he had been afterwards feized in the eaftern country, and brought to Eofton and put under clofe confinement. The houfe ordered, that he fliould be brought upon trial in the county of Suffolk, before the fuperior court, and that the witnefTes who faw him in arms fliould be fummcned to attend* This, no doubt, would have been trying in one county a fact committed in another. The council non-concurred, and voted to fend for witnefTes, that the court might judge in what manner to proceed againiL him ; but this was not agreed to by the houfe. Some time after, a committee was appointed to examine him. Caftine was a very fubtle fellow, and made all fair with the committee. He profeffed the highefl friendfhip for the Englilh, and affirmed that he came to Penobfcot to prevent the Indians from doing mifchief, and promifed to endeavour to influence all that tribe to keep peace. The committee therefore reported, and the two houfes accepted the report, that he fhould be fet at large. The governor approved of this proceeding. He had yet hopes of preferving peace. To have puniflied him as a traitor would have deftroyed all hopes of an accommodation. It might alfo very well be queflioned whether it would have been juftifiable. Th^ tribe or nation with which he was mixed, has repeatedly, in words of which they had no ad- equate ideas, acknowledged themfelves fubjects j but, in fad, * Nov, 17. X72I.] MASSACHUSETTS. C47 fad, in concomitant as well as precedent and fubicquent traniaciions with them, had always been confidered as' free and independent, and, although they lived wirhin the hmits of the charter, the government n^vcr made any attempt to exercife any civil authority or iuriidiclion over them, except when any of them came withih the Knglifh fettlements, and difpiKes had arifen betv/een ihem and the. Englilli fubjeds. The houie who, the lad feiTion, were for profecutin;^ the Indians, and could not reafonabiy have lappofed that they would bury, as they exprels theinfclves, the late march of theEnglifh toNorridgewock, feem, notwithftand- ing, to be fuddenly changed from vigorous meafuics for bringing them to terms, to fchemes for appeafn\^; and foftening them j and a prcfent was ordered to be lent to Bohiafeen, the Norridgewoci: captain, to engage him in- favour of the EngliOi. The fmall-pox this year made great havoc in Bofton and fome of the adjacent towns.* Having been prevent- ed fpreading for near twenty years, all born within that time, befides many who had ei'capixi it before, Vv^ere liable to the diflemper. Of five thoufand eight hundred and ei?htv-nine, which took it in 'Boflon- ei^hc hundred and forty.four died. Inoculation was introduced upon this occafior^, contrary to the minds of the inhabitants in gen- eral, and not without hazard, to the lives of thofe who promoted it, from the rage of the people. Dodor C. Mather, one of the principal miniilers of Boflon, had ob- ferved, in the philofophical tranfadions, a letter of Ti- monius from Conflantinople, and a treatife of Pylarinus, Venetian coniul at Smyrna, giving a very favourable ac- count of the operation ; and he recommended a tiial to the phyficians of the tov;n, when the fmall-pox firfl began to fprcad ; but they all declined it except dodor Boyllion^ who made himfelf very obnoxious. To iliev/ the confi- dence he had of fucceis, he began Vv^ith his own children and fervants. Mjmy fober, pious people were flruck with horror, and were of opinion that, if any of his pa- tients fhould die, he ought to be treated as a murderer. The * It was brought int« the Karbyur of Uof^on aoout the midcik «f April Ly tkc Saltsrtugas Sett. 7-'4 THE HISTORY OF [Cha?. IlL The vulgar were enraged to that degree, that his family*" was hardly fafe in his houle, and he often met with af- fronts and infults in the ftreets. The faculty, in general, difapproved his condiicl^ but doclor Douglafs made the moll zealous oppofition. He had been regularly bred in Scotland, was aikiming, even to arrogance, and in feveral fugitive pieces which he pub- lifned, treated all who difl'ered from him with contempt. He was credulous, and ea(i.ly received idle reports, of perfons who had received the fmall»pox by inoculation taking it a fecond time in the natural way, of others who perifhcd in a mod deplorable manner, from the corrupt matter, which had fo infeded the mafs of blood as to render the patient incurable. At other times, he pro- nounced the eruption from inoculation to be only*a puf- fulary f(:ve'r hke the chicken or fwine-pox, nothing anal- ogous to the fmail-pox, and that the patient, therefore, had not the leafl fecurity againfl the miaii-pox afterw^ards by ordinary infe^lion. Another praftifer, Lawrence Dalhonde, who had been a furgeon in the French army, made oath that at CremiO- na, about the year 1696, the operation was made upon thirteen foldiers, four of which died, three did not take the diifemper, the other fix hardly efcaped, and Vt^ere left with tumours, inflammations, gangrenes, &c. and that about the time of the battle of Almanza, the fmall-pox being in the army, tw^o Mufcovians were inoculated, one without any immediate efFed, but fix weeks after was feiz- ed with a frenzy, fwelled all over his body, and was fup- pofed to be poifoned, and, being opened after his death, his lungs were found ulcerated, which it was determined was caufed by inoculation. The juilices of the peace and fele6i:men of the town call- ed together the phyficians, who, after mature deliberation, came to the following conclufions. " That it appears by numerous inftances, that inoculation has proved the death of many perfons foon after the operation, and brought diilempers upon many others, which in the end have proved deadly to them. That the natural tendency oi^ infufing fuch malignant filth in the mafs of blood is to corrupt iyiu'] MASSACHUSETTS. 249 corrupt and putrify it, and if there be not a fuincient dil- char|;e of" that malignity, by the place of incidon or elfe- where, it lays a foundation for many dangerous difeafes. That the continuing the operation among us is likely to prove of the moil dangerous confequence.** The practice was generally condemned. The common people imbibed the flrongefl prejudices, and fuch as died by inoculation were no more lamented than felf-murderers. Doctor Mather, the lirft mo\'er, after having been reproached and vilified in pamphlets and news-papers, was at length attacked in a more violent way. His nephew, Mr. Walter, one of the mini iters of Roxbuiy, having been privately inoculated in the doctor's houfc in Eollon, a villain, about three o'clock in the morning, fet hre to the fuze of a granado fliell, filled with Gombufiible fluff, and threw it into the chamber where the fick man was lodged. The fuze was fortunately beat off by the paffmg of the fhell through the window, and the wild fire fpent itfelf upon the floor. It was generally fuppofed"^ that the burlling of the fheii by that means was prevented. A fcurrilous menacing writing was fafLencd to the fliell or fuze. The moderate oppofers urged, that the praclice was to be condemned, as trufting more to the machination of men, than to the all-wife providence of God in the ordi- nary courfe of nature, and as tending to propagate diftem- pers to the deflrudion of mankind, which proved it to be criminal in its nature and a fpecies of murder. The mag- iffrates, I mean thofe in Bofton, fuppcfed it had a tenden- cy to increafe the malignity and prolong the contipuance of the infection, and that therefore it behoved them to difcountenance it. At length, the houfe of reprefentatives laid hold of it, and a bill w^as brought in and paffed to prohibit all perfons from inoculation for the fmall-pox , but the council were in doubt, and the bill ffopped. Such is the force of prejudice. All orders of men, in that day, in greater or leffer proportion, condemned a Vol. II. R practice * I remember to have feen the fhell, which wus not fjld v/itii powder, tut a «iijLtur« &f briniilone with bitUTviuous matur. c:^^ THE HISTORY OF (^Cuat. M^ p] atllce which is now generally approved, and to which- many thoufands owe the prefervation of their lives. Boy] (Ion continued the praftice, in fpite of all the op- uofition. About three hundred were inoculated, in Bof- ton and-the adjacent towns. It is impoffible to determine the number which died by it. Douglal^ would have it there was one in fourteen, w^hilft the favourers of the jira^^lice v/ouki not allow more than one in feventy or eighty. It was evident, from the fpeedy eruption, that many had'taken the difren^per before they were inoculat- ed. Indeed, where peifons have continued in an infecled •jir for months together, no true judgment can ever be made of the experiment.^" The new houfe of reprefenta-tives, in May, chofe the former fpeaker, and- the governor declared his approba- tion in the fame manner he haxi done before. He nega- dved two of the ceunfellors elect, colonel Byfield and Mr,.- William Clark. Mr. Clark, being a member of the Iioufe for Bofton^ had ever adhered clofely to Mr. Cooke, - i'he governor Ihewed his refentment by refufmg to admit iiiin to the council, but did not ferve his own intereft^ Mr. Clark's oppcfitioHbeing of greater confequence in the houfe. The Indians were meditating mifchief from the time the Englllh v/-ere at Norridgewock, but committed no hoililities until June follov/ing. They came then v/ith about fixty men, in tv/enty canoes:, into- Merrymeeting: bay, and took prifoners nine families, but gave no marks of their ufual rage and barbarity. Some of their prifon- ers they releafed immediately, and others in a fhort time after. Enough were retained to be a fecurity for the re- turn of their boll ages -from Bofton. A'nother fmall party- of Indians made an attempt upon a fifliing velTel belong- ing to Ipfwich, as Hie lay in one of the eaftern harbours, but the lidiermen being armed, they killed two or three of the Indians, and the rgft retreated. The colledor of the ■' It h-appcncu, that in the fame month in winch inoculation began in Bcfton, two childrcii, a daughter, I fuppoie, of lady Alary W. Montague, and a fon of doc- tor Keith, Vi'cvii inoculated in England. Thtn an experiment was made upon fix condemned criminals. After that, tln-ee or four children were inoculated, and the A"pring follo-wiiig leveral children in the hofpitals. The fuccefs of thefe attempt* ence-ara^iid tkt like ■vvith two of the princcn^s, %Yhichr- fvic»eedetl- very favourably,. .1-72^.] MASSACHUSETTS. -51 the cuftoms at Annapolis-royal, Mr. Newton, with John Adams, fon of one of the council for Nova Scotia, were coming from thence, with captain Blin, to Bofton, and, putting in to one of the Paflimaquadies, went afliore, with other pailengers, and were all feized and made piif- oners by about a dozen Indians and as many French ; the people left on board the lioop cut their cables and fled to Bofton. Another party of Indians burned a floop at St. George's river, took ieveral prifoners, and attempted to furprife the fort. Intelligence of thefe feveral hodile acls came to Bodon whilfi; the general court w^as fitting, but there feemed- to be no difpofition to engage in war. Inflead of the former vigorous refolves, upon leiTer provocations, the lioufe propofed that a meflage fliould be fent to the Nor- ridgewock Indians, to demand the reafons of this beha- viour, reftitutionof the captives, and fatisfa£tion for dam- ages; and acquaint them that, if they refufed, cfFe<5lual methods would be taken to compel them. The hoftages given by the Indians were fent down to the eaftward, and, upon the reftoring the Englifh captives, they were to be fet at hberty. The friends of the Englifh captives v/ere importunate with the government to take meafures for their redemp- tion, and a view to effect this feems to have been the chief reafon which delayed a declaration of war. But, foon after the prorogation of the court, news came that the Indians had burnt Brunfwick, a village between Cafco- Bay and Kennebeck, and that captain Harman, with part of the forces polled upon the frontiers, had purfued the enemy, killed feveral, and taken fifteen of their guns. Immediately after this news (July 25) the governor, by advice of council, caufed a declaration of war to be pub- liflied. Foreign wars often delivered Greece and Rome from their intefline broils and animofities, but, this war furnifh- ed a new fubjedt for contention. The governor often charged the party in the houfe with affuniing the direc- tion of the war, and taking into their hands that power R 2 which ^5^ THE HISTORY OF [CnAr. I!^ v/hich the charter gives to the governor. He gave thenl a' hint in his fpeeoh (Augufl 8th) a^ the opening the next ieilioni " One thing I would particularly remark to you, which is, that, if my hands and the council's be not left nt a much greater liberty than of late they have been, I' fear our affairs will be carried on with little or no fpirit. Surely, every perfon who willies well to li4S country will think it high time to lay afide all animofities, private piques and felf-intereft, that fo v.^e may unanimoufly join in the vigoroms^ profecution of' the weighty affairs which' are now upon the carpet." The houfe, in an addrefsto the gov-ernor, flgnlfied their fentiments of the neceili ty of this declaration of war, and promifed " all neceilary and cheerful affiilance." A com= mittee of the two houfecTettled the rates of wages and pro- vifions for the forces, to which- no excepti-on was taken -^ but they vz-ent further and d-etermined the fervice in which they were to be employed, three hundred men to be fent upon an expedition to Penobfcot, and the reft- to be poft- e-d at different places on the frontie-rs^^, and qualified their report by defiring the governcr to give orders according- ly. He let them know, that the king hismafter and the royal charter had given him the folc command and direc- tion of the militia, and all the forces, which might be raifed en any emergency, and that he would not fuffer them to be under any diredion but his own and thofe officers he fliould think ht to appc?inr. The houfe mad© him no anfwer. The deftination of the mihtary forces in this manner, andniaking the eftabliOiment of their wage^ depend upon a corapliance with it^ had not been the prac- tice in former wars and adminiftrations, but the gov- ernor found he muft fubniit to it, or the frontiers would be wi-thout defence. He gave up his own opinion with refpecl to the Penobfcots, and had laid the fame plan" which the committee had reported, and he intended to profecute it, which made his compliance more eafy. The houfe being diffatisfied with major Moody, who had the command of the forces^ paffed a vote defiring the gover- nor to difmifs him. The council non-concurred this Tote, ^' becaufe he was condemned' unheard," and fubfti- tuted; high a piece of injuftice as the punifning a man without hearing what he had to fay for himfelf, and let .them know he would inquire into the grounds of their com- plaint. Several other voles .paflcd, relative to the forces., which the goyerjQor did not approve. At the next feiTion, November 15th, he recommended .51 law to prevent mutiny and d'^fertion, for want of whicii the men were daily runni^ig away. The houfe thought it necefiary to be flrfl fatisficd, whether thedefertion in th« army was not owing to the unfiiithfulnefs of the oiiicer;j, and appointed two committees, one to repair to the head- quarters on the eafliern, and the other csn the Vv'eflern frontiers, with powers lo require >the oilicers to mufler their companies, when an exact lift was to be taken of the men that appeared, an account of all deferters, and of 2l11 fuch as were abfent upon foriough, or had been dif- miflfed or had been ei^icbanged, together wkh divers other powers. They then applied ±0 the governor, to give or- ders to all in command to pay a proper deference to the vote and order of the houfe refpecling -repeated abufes and mihnanagementrS among the forces, &c. This the governor thought he had good right to except to, and he made the vote itfelf, as well as the manner in which it was to be executed, an article of complaint againfl the houfe to the Icing.; but -he was prevailed upon to ccn- fent to it, and either m.ade or intended to make this condi- tion, that the committees fliould make report to him. The houfe urged tiiis confent againfl him, but in England it was not thought a fufHcient julfification. The conceding in one poiut naturally led to a demand of the like concefTions in others. It was thought a falutary meafure to fen.] for delegates from the Iroquois, who were in friendfliip with us, and to defire them to ufe the influence they had over the eadern .Jjadians, in order to their making fatisfa<5lion for thj inju/- ries ^54 THE HISTORY OF [Chap. IIL ries. done, and to their good behaviour for the time to come. When the delegates came to Boflon, the houfe voted that the fpeech to be made to them by the governor fliould be prepared by a committee of the two houfes. The governor had prepared his fpeech, and he direded the fecretary to read it to the houfe of reprefentatives ; but this was not fatisfadory, and they fent a mefiage to defire that what the fecretary had read might be laid before the houfe. The governor refufed at firfl, but upon further confideration confented, defiring they would fpeedily re* turn it. They fent it back to him, and let him know they could not agree to it, unlefs he would fpeak in the name of the general court, and the houfe of reprefentatives might be prefent when the fpeech was delivered. This was difagreeable to him, and a novelty to, the Indians, who had always conlidered in their treaties, the governor of Pennfylvania, as \vell as the governor of New York, to be treating with them in their own names, of the name of the king, and not of their refpedive affemblies ; but he fubmitted. In confequence of the vote of the houfe in the laft fef- fion, the governor had directed an expedition to Penob- fcot, although it was not altogether agreeable to his own judgm.ent. It feem.s he had hopes of an accommodation, with that tribe at leaft. Colonel Walton, v/ho had the com- mand on the eaftern frontiers, feleded forces proper for the purpofe, and they had actually begun their march, when intelligence arrived to the colonel that Arov/fick wa'; at- tacked by a great number of Indians. He immediately fent an exprefs with orders to the forces to return, and acquainted the governor with his proceedings. The council advifed to keep the whole forces for the defence of our own inhabitants, and to fufpend acting upon the offenfive until winter, which they judged a more proper feafon for the expedition ; and the men, in confequence of this new advice, were employed in marches upon the back of the frontiers. But the houfe were diifatisfied, and fent a meffage to the governor " to defire him to or- der, by exprefs, colonel Walton to appear forthwith be- fore the houfe, to render his reafons why the orders relating :T722.] MASSACHUSETTS. 255 .relating to the expedition had not been executed/' This "was not only to take Walton from the command, as long- as the houle fhould think fit to detain him, but the orders, * relating to the expedition,' might be underRood to mean the orders which had been given by th€ houfe, and no.c what he had received from the captain general. The governor told the -committee that he would take no notice •of the meffage from the houfe unlefs it was oiherwife ex- prefled ; befides, he .and the council were well fatisficd, and he thought every body cKe was. He added, that he intended the officers fhould give an account ^ to him' of their condud. The next day (Nov. 20th) they fent an- ,other melTage to him to defire him to inform the houfe, whether he would fend for Walton as they had dell red, •He then told the committee, he would fend his anfwcr to the houfe when he thought proper. Upon this, thc\' feem to have appointed a mcilcnger to go to the eaflward, upon, what occafion does not appear, and the next day -paifed the follo\^ ing extraordinary vote. *' Whereas this houfe did on ThuxKlay laft appoint a committee to waic on his excellency the governor, praying his orders l^or colonel VvTalton's appearance before the houfe, and renew- ed their requelt lo him yefiierday, and his exceJIency has not yet [qqu caufe to comply with that vote, and the deni- al of colonel Walton's being fent for has extremely dif- ;Couraged the houfe in projecting any further fchemes for carrying on the war, under any views of fuccefs ; and this houfe, being zealoully inclined to do what in them lies to bring this people out of the calamities and perplex- ities of the prefent war, and to fpare no cofl and charge to effect fo great a good, were fome things at pi'ef^nt rem- edied : We do therefore, once more, with the greatell fmcerity and concern for our country's good, apply to your excellency for your fpeedy iiTuing your orders con- cerning colonel Walton, to be difpatched by the meifen- ger of this houfe going into thofe parts. '^ The governor did not like to be fo clofely prefTed, and ^hen the com- mittee came to his houfe, he told them he would not receive the vote, and, as it is inferted in the report and journal of the houfe, " he went Jii.- way." They iheii appoi-Qted 2s6 THE HISTORY OF [Chap. Ill, appointed their fpeaker and eight principal members, a committee to wait upon the governor and defire him to. return to the chair, "on fome important affairs which hiy before the houfe,*' but he refufed to fee the commit- tee, and dire>;e or governor, as well as thole pf a popular fi.Aion. When Richard H. had a packed parliament devoted to his will and pleafure, be procured an a(5l or order, under colour of difp^ttching bufmefs, which inveftcd the whole authority of parliament in the king, v/ith tv/elve peers and fix common'*rs. On the other hand, in 1641, the lords and commons having determined to adjourn from tlic 9th of September to the -zoth of October, appointed committees, viz. fcvcn of the lords and forty-three of the co:ii:r.oi;s, to take care, during the rscef;, of tl^e moil weighty :<.nd urgent affi^irs. ^5« ' THE HISTORY OF [Chap. IIL yerfevered. In the mean time the governor was engaged with the houfe in freih difputes. The committee of the houfe, which had been ferit to the eaftern frontiers, returned, and inflead of making their report to the governor, which was the condition of his confcnt to their authority and of his orders to the of- ficers to fubmit to themi they made their report to the houfe. This was difmgenuous. It would not do to urge that he had no right to make conditions to their votes, for he had given no confent, unlefs k was conditional, and without his confent they could have no authority.* As foon as he heard of the repott, he fent to the houfe /or his original order, which he had delivered to the committee. They anfwered that they were not poirelfed of it ; but the chairman of the committee had left an at- tefled copy on their iiles, w^hich he might have if he pleaf- ed j but he refufed the copy and infilled upon the origin- al. He then fent for John Wainwright, the chairman of the committee, to attend him in council, and there de- manded the return of the original order. Wainwright, in general, was what was called a prerogative man, but the ihoufe had enjoined him not to return the order. He ac- knowledge4 * In tlie firll year of the xcf^p of the late klnor William, a motion was made;^iii -th« houfe of commons for an addrefs to his majefty to fend perfons into Ireland tQ -take account of the numbers of the army and the provifions, which the king aiTured them he would do. Afterwards, a motion was made that the commons flic^uld fend fome of their members and of tlxeii own iiominatien. The king being informed of it fent the following meiTjge. -" IFiliiam II. " His majeily having- already declared his refolutions to profecute the war in Ire- land with the utmoft vi_p;our, and being defirous to ufe the means tliat may be mofl fatisfadory and effefiual in order to it, ib gracioufly pleafed, that this houfe do rec- ommend a number of perfi)ns, not exceeding feven, to be commifTioned by his maj- =efty, to take care of the provifions and fuch othej- pi-eparations as Ihall be neccflary for that fervice. " His majeily is further pleafed to let the houfe know, that, upon confideration A)f the addrefs of the llth of November, he gives them leave to nominate fome per- fons to go over to Ireland, to take an account of the number of the army there and -the ftate and condition of it, who fliall receive his majefty's orders accordingly." This is calltd a condefcending meffage. It is certain the houfe of commons did not think fit to take thefc powers upon them, bu-t, after a vote of thanks to his majcfty, " Refolvcd, that this houfe doth not think to reccmmend any member of this houfe to be employed in the fervice of Ireland, for the purpofes expreffed in his maj- efty's gracious mcfl'age of Saturday laft. " Refolved, that this houfe doth humbly defire to be excufed from recommending any perfons to his m:ijcfty to be employed in the fervice of Ireland ; bwt humbly leave it to his majefty's great wifdom to nominfl^e fit perfons for that fervice." 1722.] MASSACHUSETTS. 259 knowledged he had the order in his poffeflion, but defired to.be excufed from deHvering it, the houfe having dire£l^ ed him to dehver r^o original papers. The original vote of the houfe, and the governor's order in coniequencc or it, came to my hands by accident. " /;/ tJ?€ hoi^fe cf rcprcjlntat'rjcs^ Ncv. 11, 1722. *' Whereas this houfe have been informed of repeated abufes and mifmanagements among the officcrj now in pay, tending greatly to the diflionour and damage of the government, and are defiroiis to ufe all proper and fuita- ble methods for the full difcavery thereof ; and to effed: the fame have fent a committee from the houfe to inquire into thefe rumours, and report how they find things ; we the reprefentatives do mod earnellly delire your excellen- cy's orders, by the fame committee, to the commanding officer and all others in command there, to pay all proper deference to the vote and order of this houfe refpeCling that matter. John Clarke^ fpeakcr.'' ^' Boston, Nov. 17, 1722, To the officer comina72dmg 'm chief at the eajlxvard, " I do hereby give orders to the commanding officers and all other inferior officers to pay deference to the com- mittee, and do expect that the committee lay firft before me their report, as captain general, and afterwards, upon the defire of the houfe of reprefentatives, it fhall be laid before them. Samuel Shiite.'* The houfe expedled the governor would complain of them for ufurping a mxilitary power, and might refufe to part with the original votes or orders by which he had fignified his confent to it, the condition not preceding the exercife of fuch power. Soon after (Dec. i8th) colonel Walton came to town, and the houfe fent their committee to defire the governor to direct him to attend the houfe the next morning, but the governor refufed to give fuch orders, and told the committee that, if his officers were to anuver for their con- duct, it fliould be before the whole court. They then fent their door-keeper and melfenger to ^Valton, to let him know the houfe expefted his attendance. H':; went im- mediately, ip6o TKE HISTORY OF [Cha-p. HI, mediately^ but refuled to give any account of his proceed- ings without leave from the governor. The next day, AValton was ordered to appear before the whole court, and the governor fsnt a meffage by the fecretary, to ac- quaint the houfe that they might then ,alk any queitions they thought proper, relative to his condud ; but they refolved, that their intent, in fending for him, was that he fhould appear before them. The next day, he fen-t another meffage to acquaint the houfe that Walton was then before the governor and co.uncil, with his journal^ and if the houfe inclined to it, he defired them to come up, and aik any queftions they thought proper. They return- ed for anfwer, .that they did not think it expedient, for they looked upon it not only their privilege, but duty, to demand, of any officer in the pay and fervice of the government, an accouni of his management, while em- ployed by the pjablic,. This, perhaps, in general, was not the caufe of difpute, but the queflion was, whether he was culpable for oMerv- ing the orders which the governor had given contrary to the declared mind and order of the houfe. They then paifed an order for Walton forthwith to lay his journal before the houfe. This was their lad vote, relative to this affair, whilfl the governor was in the province. He had, without making it public, obtained his majefty's per- miffion to leave the province and go to England. The prejudice in the minds of the common people increafed every day. It was known to his friends, that as he fat in one of the chambers of his houfe, the window and door of a clofet being open, a bullet entered, through the win- dow and door paffages, and paflfed very near him. If fome thought this a mere accident, yet, as he knew he had many virulent enemies, he could not be without fuf- picion of a wicked delign ; but his principal intention in going home, was to reprefen<: the conduct of the houfe, to call thein to anfwer before his majefty in council, and to obtain a decifion of the points in controverfy, and there- by to remove all occafion or pretence for further difputes. His departure was very fudden. The Seahorfe man-of- war, captain Durell, lying in Nantaiket, bound to Barba- does ^721.] MASSACHUSETTS. 20* does to convoy the Saltortugas fleet, the governor v/ent on board her, Dec. 27th, intending to go from Barbadoe:> the firll opportunity, for London. Not one member of the court was in the fecret, nor indeed any perfon in the province, except two or three of his dcmedics. The wind proved contrary for three or four days, during- which, the owners of the Ihip Ann, captain Finch, v»hicl> was then loading for London, by employing a great num- ber of hands, had h^er fitted for the fea, and fent her to- Nantafket and offered the governor his paiTage in her, and he went on board and failed the firlt of [anuarv. Upon a review of this- controverfy with governor Shute, } am apprehenfive fome of my readers will be apt to doubt the impartiality of the relation. Such ftcps and fo fre- quent by one party, without fcarce any attempts by the other, are not ufual ; but I ha^^'e made the mofh diligent fearch into the conduct cf' the governor, as v/cU as th;! houfe, and I am not fenfible of having omitted any mate- rial facl, nor have I defignedly given a varnifh to the ac- tions of one party, or high colouring to thofe of the oth- er. Some will fay, it was unncceflary to pubhfh to the world tranfa6lions which tend to- fet the country in an unfavourable light. I profefs to give a trile relation of facls. I fee no difference between publifliing falfe facts for truth, and omitting any which are material for the forming a jufl conception of the reft. Colonel Shute had the charader of being humane, friendly and benevolent^, but fomewhat v/arm and fudden upon provocations re- ceived, was a lover of eafe and diverfions, and for the foke of indulging his incWnations in thofe refpeds, would willingly have avoided controverfy v/ith particular perfons or orders of men in the government ; but it was his mif- fortune to arrive when parties ran high and the oppofitiork had been violent. With great Ikill in the art of govern- ment, it might not have been impoiTible for him to have kept both parties in fufpenfe, without interefting himfelf on either fide, until he had broke their refpeclive connexions, or the animofity had fubfided ; but, void of art, with great integrity he attached himfelf to that party which appeared to him to be right, and made the other his ir- reconcileable koi ti-IE HISTORY OF [Chap. IIL Teconcileable enemies. His negativing Mr* Cooke, when chofen to the council, was no more than what he had an undoubted right to do by charter ; but the refufal to ac- cept him as fpeaker, perhaps, was- impolitic, the country in general fuppofing it to be an invafion of the rights of the houfe ; and it would have been lefs exceptionable to have diifolved them immediately, which he had a right to do, than to diilolve th^jm after an unfuccefsfui attempt to enforce his negative when his right was doubtful in the province, although not fo with the attorney and folicitor general, who fuppofed the hoiife of reprefentatives claim- ed a privilege which the houfe of commons did not; The leading m.en in the houfe of reprefentatives did not think ib. That point had not been in queflion in England iince the reign of king Charles II. when it was rather avoided than determined ; and it was not certain that the Iioufe of commons in the reign of king George I. v/ould more readily have given up the point than their predecef- ibrs in the time of king Charles. The houfe, in the oth- er parts of the controverfy, had lefs to fay for themfelveSj midy with refpeCL to the attempts upon his military au- thority*, were glad to be excufed by an acknowledgment of their having been in the wrong. The clipping his fal- ary, which, at the highefl, AvoUld no more than decently fupport him, was highly refented by him ; and I have heard his friends fay, that he would have remained in the government and waited the decifion of the other points, if the two hundred pouitds, equal to about fifty pounds fterling, the deduQion made, had been reflored.* Under * " I muft icquaint you that another thing, that gives great offence to the min- iftry, is, that they hear the governor is made uneafy in his government, anti yet they receive no complaints of his mifcondudl or mal adminiflration. Colonel Shutc .is known at court, and at the offices of (late, under the character of a very worthy gentleman, and one of a fmgular good temper, fitted to make any people happy that are under his command. When therefore they find the contrary in New England, they conclude from it that we would have no governor at all from hence, hut want to he independent of the crown. Now, though this be a ftrained and moil injuri- ous inference, yet they will not eafily he purfuaded out of it. I could not fatisfy jny confcience without mentioning this article, though I am fenfibie it will afford a handle to my enemies to reproach me, as minding the governor's interefl more than the country's." Dimmer s letter, 23^ Ap7-il, 172I. " The affairs of the country are, in the opinion of all men here, in dcfperatc cir- rumftances. I was lad night in company with the governor, who has laid his me- Tnorial before the board of trade, where it was maijtnalned ti^at the condud of the affembly fp'2.2 M A S S A C H U S E T T S. 263: Under an abfokite monarch the people are without fpirit, and wear their chains defpairing of their freedom. A change of mafters is the fum of their hopes, and, after infurreciions and convulfion^, they Itill continue flaves. In a government founded upon the principle of Hberty, as far as government and Hberty can' confift, fuch are the fweets of liberty, that we often fee attempts for a greater degree of it than will confifh with the eftabliflied conflitu- tion, although anarchy, the greateft and word of tyran- nies, may prove the confequence, untir the eyes of the people are opened and they fee the necefTity of returning to their former happy ftate of governmen^t and order. The lieutenant governor took the chair, under the dif- advantage of being obliged to- maintain the fame ca^^e which had forced hrs predecclTor out of it. Perfonal" prejudice againfl the governor was the caufe of ailuming rights referved by charter to tlie crown. The caufc nov/ ceafed, but power once affumed is not willingly part- ed with. Mr. Dummer had demeaned himfelf very dif- creetly. His attachment to the caufe of the governor loft him fome friends, and proved a prejudice to him and to his fucceflbrs ^ for it had been ufual to make an annu- al grant or allowance to the lieutenant governor, in con- fideration of his being at hand, or, as they expreffed ity ready to ferve the province, in cafe of the governor's ab- fence, but, after the tv/o or three firil years from hiS"' arrival, they withheld it. Without any mention of the unhappy (late of affairs, in a fhort fpeech to the twcy houfes- he kt them know that he would concur with them in every meafure for his majefly's fervice and the good of alTemLly in tlie affuir of tlie militia was na lefs tiian high treafon by the laws of England, as appeared to them by their o^vn printeivotcs. Their report will in a day or two be laid before tlie regency, and what ifl^c it will have there I will net prophcfy. The j^overncr fhewed me the printed votes with regard to the dedica-^ tion of the thefes-of Harvard college, at which I could not but Ihmd amazed. I fee no hopes of faving the country unlef$ the next general aiTcmbly will difavow file proceedings of the laO:. The cry of the city here runs exceedingly againfl you,- and they revive the ftory of 1641. The governor, I affure you, grieves and pities' you, but knows not hov/ to help you. The plame of this whole afTair is laid here- to Mr. C and one cr two more, who, under the notion of patriots, are likr tw be the inflruments of the lofs of that which is one of the deareft things to yoir in the world. In what light they will appear to pollerity they will do well t(t confider. What remains is only to condol-e v/ith you the dark flate of your af^ Iaij3." ■ ■■■ £xtrm(i of g letter from Mr. N^aify author tf the hifory of Neiv ErgljrJ. e54 THE HISTORY OF [Chap. III. of the province. An aged fenator, Mr. Sewail, the only perfon alive who had been an ailidant under the old char- ter, addreifed hiiiifelf to the lieutenant governor with great gravity and fniiplicity, in primitive flyle, whicli, however obfoletc, may be worth preferring* " If your honour and the honourable board pleafe to give me leave, I would fpeak a v/ord or two upon, this folemn occalion. Although the unerring providence of God has brought your honour to the chair of government in a cloudy and tempeiluous feafon, yet you have this for your encour- agement, that the people you have to do with are a part of the Il'rael of God, and you may expatl to have of the prudence and patienc^e of Mofes communicated to you foT your condudi It is evident, that our almighty Saviour counfelled the hrft planters to remove hither and fettle here, and they dutifully followed his advice, and therefore he will never leave nor forfake them, nor theirs ; fo that your honour mud needs be happy in fmcerely feeking their happinefs and welfare, which your birth and educa- tion Vv'ili incline you to do. Difficilia qu^ pidchra, I promife myfelf, that they who fit at this board will yield their fiiithful advice to your honour, according to the duty of their place." The houfe thought it neceffary to take immediate meaf- ures.for their defence and vindication in England. The governor had mentioned nothing more to the lieutenant governor than that he was em^barked and intended to return to his government early in the f^dl. This the lieu- tenant governor communicated to the council, and the council to the houfe. They fent a commiittee immediately to the lieutenant governor, to pray him to inform them what he knew of the governor's intended voyage ; but he could tell them no m$>re. They then appointed another committee " to prepare and lay before the houfe what they think proper to be done in this critical juncture, in their juft and necefTary vindication at the court at home," and a iliip, captain Clark, then ready to fail for London, was detained until the difpatches were ready. Anthony Sanderfon, a merchant of London, had been recommend- ed by Mr. Popple, of the plantation office, in a letter to. the i72j.] MASSACHUSETTS. 265 the fpeaker, as a proper pcrfon for the Province ?lgent. To him the houfe fent their papers, to be improved as they fnould order.* The 'houfe Was loth fuddenly to recede, and the day after the governor failed, they appointed a committee, to join with a committee of council, to conlider of proper ways for carrying into execution the report of a commit- tee of war. This was the province of the captain general, and the council refufed a concurrence. The houfe then palfed another vote, protefling againft carrying on an of- fenfive war, unlefs Walton, the colonel, and Moody, the major, fnould be removed, and other fuitable perfons ap- pointed. Before the council paifed upon this vote, the two obnoxious perfons were prevailed upon to write to the lieutenant governor, and defire a difmiiTion, provided they might be paid their wages ; and the letters being communicated to the council, they palTed another vote defiring the lieutenant governor to difmifs the ofiicers, agreeable to the letters received from them. This vote the houfe non-concurred, and infifted upon their own vote, which the council then non-concurred. The houfe then paiied a refolve, that, unlefs Walton and Moody were dif- miifed, they fliouid be necefiltated to drav/ off part of the forces, and fent their refolve ' to be laid upon the council table.' The lieutenant governor, by a melTage, let the houfe know, that the king had appointed him general of the forces, and that he only had the power to draw them off, aad added, that he expelled all mciTages from the houfe fhould be properly addreffed to him, otherwife he Ihould pay no regard to them. Ihe houfe w^ere fenfible they had gone too far, and appointed a committee to wait upon the lieutenant governor, to defire they might have leave to. withdraw their refolve, and declared that, how- ever expreffed, they intended only that they would not vote any further pay and fubfiftence. They perfifled, however, in their refufal to provide for the pay of the two officers, whofe difmilTicn they required, nor would they make provinon for further carrying on the war until oth- er officers were appointed. Vol. II. S Among * In November, 1721, died at Solsaa Daniel Epps, cfquirc, of the coungii. 156 THE HISTORY OF [Chaf. lit Among the other inftances of additional power to the lioufe, they had, by degrees, acquired from the governor raid council the keys of the treafury, and no monies could he ifTued without the vote of the houfe for that purpofe. This is no more than fome colonies without charters -claim »nd enjoy, but by the charter, all monies are to be paid out of the treafury ' by warrant' from the governor with- advice and confent of the council. The right of the houfe to originate all ads and orders for raifmg monies from the people, and to appropriate fuCh monies to fuch fer- vices as they thought proper, was not difputed ; but they went further, and would not admit that payment fhould be made for fuch fervices until they had judged whether they were well performed, and had paiTed a fpeclal order for fuch payment. Thus they kept every officer de- pendent, and Walton, becaufe he had not obferved their orders to go to Penobfcot, but had conformed to the (governor's orders, from v/hom he derived all the author-- ity he had to march any where, was denied his pay. Oth- er matters were alleged againil V/alton in the courfe of the difpute, but this feems to have been the principah The expofedflate which the frontiers nlufi: have been- in if the forces had been drawn oif, and they could not be kept there without pay^ induced the lieutenant gover- nor to difmifs Walton,and to appoint Thomas Weftbrookc colonel and commander in chief, whereupon an eflablifh- ment v/as fettled by the houfe, premiums were granted for Indian fcalps and prifoners, and an end was put to the feflion. The Indians, vv^e have obferved, were indigated by the- French to begin the v/ar. The old men were averfe to it. Ralie, v/ith difficulty, prevailed upon the Norridgewocks. The Fenobfcots were {cill more dinnclined, and, after hof- lilitiQS began, expreifed their defires of an accommodation. The St. Francois Indians, who lived upon the borders of Canada, and the St. John's, as alfo the Cape-Sable Indians, were fo remote as not to fear the deflrudlon of their vil- lages by the Englifh. They mixed with the Norridge- wocks and Fenobfcots, and made the war general. In the latter part cf Xuly tiie enerny furprifed Canfo and other harbours lyii^,'] MASSACHUSETTS. 267 harbours near to it, and took fixteen or feventeen fall of filhing vcfTels, all belonging to MalTachufctt.s. Governor Phillips happened to be at Canfo, and caufcd two floops to be manned, partly with volunteer faJJbrs from mer- chants' velfels which were loading with n(h,and fent them, under the command of John Eliot, of Bolton, and John Robinfon, of Cape-Ann, in queft of the enemy. Eliot, as he was ranging the coaft, elpied feven veflels in a har- bour called Winnepaug, and concealed all his men, except four or five, until he came near to one of the vefiels, which had about forty Indians aboard, who were in expedlation of another prize falling into their hands. As fobn as he was within hearing, they hoided their pendants and called out, Strike, Englilli dogs, and come aboard, for you are all priibners. Elipt anfwered, that he would make all the haftc he could. Finding he made no attempt to efcape, they began to fear a tartar, and cut their cable with in- tent to run alhore ; but he was too quick for them, and immediately clapped them aboard. For about half an hour they made a brave refillance, but, at length, fome of them jumping into the hold, Eliot threw his hand grana- does after them, which made fuch havoc, that all which remained alive took to the water, where they were a fair mark for the EngliOi Ihot. From tliis or a like ac- tion, probably took rife a common expreffion among Englifh foldiers and fometimes Englilli hunters, who, when they have killed an Indian, make their boaft of hav- ing killed a black duck. Five only reached the fliore. Eliot- received three bad wounds, and fcveral of the men were Vv^ounded and one killed. Seven veffcls, \Vith feveral hundred quintals of fifh, and fifteen of the cap- tives, were recovered from the enemy. They had fent ipnany of the prifoners away, and nine they had killed in cold blood. . The Nova Scotia Indians had the character of being more favage and cruel than the other nations. Robinfon retook two velfels, and killed feveral of the: enemy. Five« other veffeis the Indians had carried fo far up the bay, above the harbour of Malagafii, that thev were out of his reach, and he had not men fufficient to land, the enemy being very numerous. S 2 The 2£f^ THE HISTOID Y OF [Chap. IIll The lofs of fo many men enraged them, and they had" determined to revenge themfelves upon the poor fiilier- men, above twenty of whom yet remained prifoners at Malagafii harbour, and they^ were all deitined to be facri-- ficed to the manes of the llain Indians. The powowing and other ceremonies were performing, when captain- Biin, in a Hoop, appeared oil" the harbour, -and made the hgnal or Tent in a token which had been agreed upon be- tween him and the Indians, when he was their prifoner, ihould be his proteclion. Three of the Indians went aboard his veiTel, and agreed for the ranfom both of vef- fels and captives^ which were dehvered to him and the ranfom paid. In his way to Bofton he made prifoners of three or four Indians near Cape-Sables, and about the fame time captain Southack took two canoes with three Indians in eiich^ one of. which was killed and the other live brought to. Boflon. This Nova Scotia affair proved very unfortunate for the Indians. The Mailachufetts frontiers afforded them lefs plunder, but they were in lefs danger. On the i.6th- of September, between four and frfe hundred Indians were difcovered upon Arowfick ifland, by a party of fold- krs employed as a- guard to the inhabitants while at their Libour. They immediately made an alarm, by firing: fome of their guns, and the inhabitants of the ifland, by this means, had fufTicient. notice to fhelter themfelves in the fort or garrifon-houfe, and alfo to fecure part of their goods, before the enemy came upon them. They fired fome time upon the fort and killed one man, after v/hich they fell to deilroying the cattle, about fifty head, and plundering the houfes, and fet fire to twenty- fix houfes, the flames of which the owners beheld from the fort, lamenting the infufiiciency of their numbers to fally out and prevent th@ mdfchief. Thefe were the Indians which put a (top to the march to Penobfcot.* There were in the fort about forty fold- iers, under captain R.obert Temple and captain Penhal- low. Captain Temple was a gentleman, who came over from Ireland with an intent to fettle the country with a great * P'-'ge J54. J^y^'l MASSACHUSETTS. a6g great number of families from the north of Ireland, but this rupture with the Indians broke his meafures, and, having been an oiHcer in the army, colonel Shute gave him a command here. Walton and Harman upon the firft alarm made <:ll the difpatch they could, and befo-e night came to the ifiand in two v/hale-boat>; with thirty men more. With their joint force the Englifli made au attempt to repel the enemy, but the difproportion in numbers was fuch, that, in a buHi-fight or behind trecj, there was no chance, and the Euglifh retreated to the fort. The enemy drew oti' •le fame night, and pafiing up Kennebeck river, met the Province floop, and hring upon her killed the mailer, Bartholomew Stretton, and then made an attempt upon Richmond fort, and Irom •thence went to the village of Norridgewock, their head- quarters. A man was .killed at Bcrv/Ick, which was the lad mif- . chief done by the enemy this lirlt year of the war. When the general court met in May* next year, no advice had been received of any meafures taken by the governor in England. The houfe chofe their fpeaker and placed. him in the chair, without prefenting him to the lieutenant governor, which he took no notice of. They continued their claim to a iliare in the direcLion of the .war, and infifted, that if any propoir/ls of peace ihculd be made by the Indians, they ihould be communicated to the houfe and approved by them. The^y repeated alfo a vote for a committee of the two houies to meet in the re- cefs of:the court, and to fettle plans for managing the af- fairs of the war, which the heutcnant governor was to carry into execution.; but in this the council again non-concur- red. The lieutenant governor's feal being affixed to a belt given to the delegates from the Iroquois, who came to Boiton to a conference, the houfe palled a rciolve " that the feal be defiiced, and that the feal of the Prov- ince be affixed to the belt, as the committee of the two houfes have agreed," and fent the refolve to the council for their concurrence. The council, initead of concur- ring^ f Colonel Byfield, who liad been repeatedly refufod by governor SlMite, bclnor this year again chofcn to the council, tlic lieutenant governor thought nt to rcfiilif. .bis conlent alfo. 270 THE HISTORY OF [Chap. IIL ring, voted, as well they might, that the refolve contained juit matter of offence, and therefore they defired the houfe to withdraw it. This produced another refolve from the houfe Hill higher, " that the affixing a private feal * con- trary to the agreement of a committee, was a high affront and indignity to them, and therefore they very juilly ex- pected the advifers .and promoters thereof to be made known to the houfe. There was a double error in this tranfadion of the houfe, the lieutenant governor having the unqueftionable right of ordering the form of proceed- ing in treaties or conference; of this kind, and the houfe having no authority to direcl the king's feal to be appHed to any purpofe,, the governor being the keeper of the feal ; and although in common parlance called the Province feal, v/hich I fuppofe led to the miftake, yet is, properly fpeaking, the king's feal for the ufe of th^ Province. The lieutenant governor took no public exception to -any votes of the houfe this fefiion, which we mult pre- fume to be owing to his apprehenfions that, in a fliort time, a full confideration would be had in England of matters of the famxC nature during colonel Shute*s admin- iflration. Before the next feffion of the general court (Od. 23d) the agent, Mr. Sanderfon, tranfmitted to the fpeaker a copy of the heads of complaint exhibited againll the houfe for encroaching upon his majefty's prerogative in JeYen inftances. " I ft. In their behaviour with refpecl to the trees re- fer ved for mafts for the royal navy. "2d. For refufrng^to admit the governor's negative upon their choice of a fpeaker. " 3d. Affuming pov/er in the appointment of days for failing and thankfgiving. " 4th. Adjourning themfelves to a diftant day by their own ad. " 5th. Difmantling forts, and directing the artillery and v/arlike ft ores to other than the cuftody of the cap- tain general or his order. • " 6th. * This was an equivocal exprefiion. It might be called the governor's private feal, in cpntradifLinccion to the king's feal, of which he is the keeper, but it was ufed by th-: governor as a public perfon, all military commiflions, treaties, &c. be- ing in the name of the governor and under his ow^n feal, by virtue of authority de- rived from the crown. Civil commiflions and other inftruments, in the king's name and with the governor's teft, have tbs kirk's ical, appointed by him fsr the Pi:t»v- iiics, affixed to them. ^723-1 MASSACHUSETTS. ^ji '' 6th. Sufpendlng military officers and rcfafing their ^^y- . . . . . " 7th. Appointing committees ox their own to direct and mufter his majefty's foices." The houfe voted the complaint groundlefs, and order- ed one hundred poimd>5 flerling to be remitted Siindcrfo]!, to enable him to employ council to juflify the proceed- ings of the houfe. The vote being fent co the council was unanimoully non-concurred. The houfe then prepared an anfw-er^ to t'le fc.veral arti- icles of complaint, and an addrefs to the king, to which they likewife defired the concurrence or approbation of the council, but they were difapproved and fent back, ■with a vote or meffari-e that, ^' in faithfulnefs to theProv- jnce, and from a tender regard to the houfe of reprefent:- •atives, the board cannot" but declare and gi\Q as their opinion, that the anfwer is not likely to recommend this govcrnm.ent and people to the grace and favour of his majefty, but on the contrary, has a tendency to render us obnoxious to the royal difpleafure.'^ The -houfe, however, ordered the anfwer and addref^: to be figned by the fpeaker, and forwarded to i^.Ir. Sau- derfjn, to be improved as they fhould order. The council thereupon prepared a feparate addrefs t^ Jris majefty, andrtranfmitted it to the governor. The non- concurrence of council with thefe meafures of the houfe was refented, and the houfe defired to know what part of their anfwer had a teadency to render the govern menc and people obnoxious. Here the council very prudently avoided en!:>:aoin? in controvcrfy with the houfe. '' It was not their deficin to enter into a detail, but onlv to in- timate their opinion, that conndering the prefcnt circum- ftances of atlairs, fome better method might be tal:ci£ than an abfolute juilificaiion.'' They h:ui ihewn their diffatisfaclion with the conduct of the houfe, in every ar- ticle which furnidied matter for the complaint, except that of the fpeaker, and did all in their power to prevent them, but, nov/ this conduct w^as impeached, the argu- ments ufed by the council in a difpute v/ith the houfe might be fufficient to juilify the council, and fet their conduct: 272 THE KISTORY OF [Chap. IIL condud in an advantageous light, but they would flrength- en and increafe the prejudice againfl the country in gen- eral. This was an iuitance of public fpirit worthy of im- itation. The houfe then refolved, " that being apprehenfive that the liberties and privileges of the people are flruck, at by governor Shute's. memorial to his majefty, it is therefore their duty as well as intereft to fend fome fuita- ble perfon or perfons from hence, to ufe the beft method that may be to defend the conflitution and charter privi- leges." They had no pov/er over the treafury without the council, and therefore fent this vote for concurrence j but it was refufed, and the following vote pailed in coun- cil inilead of it. '^ The liberties and privileges of his majeily's good fubjeds of this Province being in danger,, at this prefent critical conjuncture of our public affairs at the court of Great Britain, and it being our duty as well as interefl to ufe the bell methods that may be in defence of the fame, and whereas Jeremiah D.ummer, efquire, the agent of this courts is a perfon of great knowledge an4 long experience ui the affairs of the Province, and has greatly merited of this peoiple by his printed defence of the charter, and may reafonably be fuppofed more capable, of ferving us, in this exigence, than any perfon that may be fent from hence, voted, that the laid Mr. agent Duni- iner be direded to appear in behalf of the province, for the defence of the charter, according to fuch inftru^fions as he fhall receive from this court." This vote plainly intimated, that by the late condudf of the houfe the char- ter of the Province was in danger, but the houfe feeni to have overlooked it, and concurred with an amendment, *^ that Mr. Sanderfon, and a perfon fent from hence, be j^oined with Mr. Dummer." The council agreed, that a perfon fhould b& fent home, but refilled to join Sanderfon. Before the houfe pafled upon this amendment, they made a further trial to obtain an independency of the council, and voted, that there fliould be paid out of the treafury, to the fpeaker of the houfe, three hundred pounds fter- ling, to be applied as the houfe Ihould order. Near three weeks were fpent in altercations upon this fubjed between the 1723.] MAS^^ACnU SETTS. 2- the council and the houfe ; at length it was agreed, that one hundred pounds fhould be at tlie diTpoial of the houfe, and two hundred to be paid to fuch agents ?s Ihould be chofen by the whole court. The houfe were in arrears to Sanderfon, which they wanted this money to difchargc, and then were content to drop him.^ The manner of choofmg civil officers had been by a joint vote or ballot of council and houfe. This gives a great advantage to the houfe, who are four times the number of the board. But to be more fure of the perfori the majority of the houfe were fond of, they chofe Mr. Cooke for agent, and fent the vote to the board for con- currence. The council non-concurred, and infu'ted on proceeding in the ufual way, which the houfe were oblig- ed to comply with. The choice, however, fell upon the fame perfon, and he failed for London the 18th of januarv. Colonel Weftbrooke, with two hundred and thirty men^ fet out from Kennebeck the nth of Febru'^iry this year, Vvith fmall veffels and whale-boats, and ranged the coaft, as far eafi: as Mount Defart. Upon his return, he v/ent up Penobfcot river, where, about thirty-two miles from the anchoring place of the tranfports, he difcovered the Indian caflle or fortrefs, walled with ftockadoes, about feventy feet in length and fifty in breadth, v.'hich inclof- ed tvrenty-thre-e well-finiihcd wigwams. Without, was a church fixty feet long and thirty broad, very decently finilhed w^ithin an;i!i with a hand that refen^.bles Sir George Trehy's, feme are faid to be already done, others markeil *^. fome intcr.dedy and icme to I' ptuT pofed ; among the latter 1 find the folio win;;-. " The aiTcmbiy or reprcientativcs of ihe people to have power to appoint a:id maintain agents on tlicir behalf in Kngland, allowing them fix hundred ppur:ds pcv '.-.CBum; though tlie governor C;ould not coa*. fent thtrevtnto.'' 274 THE HISTORY OF [Chap. IH, •open aPxd the ground fo full of water, that they could nei- ther pafs by water nor land, and having with great diffi- culty reached to the Upper Falls of Amafcoggin, they di- vided into fcouting parties, and returned without feeing any pf the enemy. An atterapt was made to engage the Six Nations and the Scatacook Indians in -the war, and commiffioners* "were fent to Albany, empowered to promife a bounty for every fcalp if they would go out againfl the enemy, but they had no further fuccefs than a propofal to fend a large number of delegates to^ofton. The commiffioners for Indian affairs in Albany had the command of the Six Nations, and would not have fuffer- ed them to engage in war if they had inclined to it. The Maflachufetts eommiljioners were amufed, and a large fum was drawn from the government in valuable prefents to no purpofe. No lefs than fixty-three Indians came to Boflon, Aup'uit 2 1 ft, the general court then fitting. A very formal conference was held with them in the pref- ence of the whale court, but the delegates would not in- volve their principals in war ; if any of their young men inclined to go out, with any parties of the Englifh, they were at liberty, and might do as they pleafed. Two young fellows offered their fervice and were &nt down to fort Richmond on Kennebeck river. Captain Heath, the commander, ordered his enfign (Coleby) and three of the garrifon to go up the river v/itb them. After they had travelled a league from the fort, they judged by the fmell of fire that a party of the enemy mufl be near. The Mo- hawks would go no further until they were ftrengthened by more men, and fent to the fort for a whale-boat, with as many men as fhe could carry. Thirteen men were fent, and foon after they had joined the fiili: party, about thirty of the enemy appeared, and after a fmart fkirmifii, fxcd to their canoes, carrying off two of their company dead or fo badly wounded as to be unable to walk, and leaving their packs behind. Coleby, who commanded the party, v^^as killed, and two others wounded. The Mo- iiav/ks had enough of the fervice, and could not be pre- vailed * William Tailsr s.nd Spencer Phlps, c%iures. 1723.] MASSACHUSETTS. 275 vailed on to tarry any longer, and were fent back to Bofton. Small parties of the enemy kept the frontiers in con^ flant terror, and now and then met with fuccefs. In April, they killed and took eight perfons at ScarbD- rough and Falmouth. Among the dead, was the ferjeant of the fort, Chubb, whom thp Indians took to be captain Harman, and no leis than fifteen of them aimed at him at the fame time, and lodged eleven bullets in his body. This was lucky for the reft, many more cfcaping to the fort than would otherwife have done. In May, they killed two at or near Berwick, one at Wells, and two travelling betv/een York and Wells. In June, they came to Roger Bering's garrifon at Scarborough, killed his wife, and took three of his children as they were pick- ing berries, and killed two other perfons. In July, Do- minicus Jordan, a principal inhabitant and proprietor of Saco, was attacked in his field by five Indians, but keep- ing his gun conflantly prefented, without firing, they did not care to clofe in with him, and after receiving three wounds he recovered the garrifon. In Auguit, the ene^ my appeared v/eftward, and the 13th killed two men at Northfield, and the next day, a father and four of his fons, making hay in a meadow at Rutland, were furprifed by about a dozen Indians. The father cfcaped in the bufhcs, but the four fons fell a prey to the enemy. Mr. ^Villard, the miniller of Rutland, being abroad, armed, fell into their hands alfo, having killed one and v^ounded another before he was flain himfelf. The laft of the month, they killed a man at Cochecho, and killed or carried away an- other at Arundel. The nth of Oclober, about fev- enty of the enemy attacked the block-houfe above North- field, and killed and wounded four or five of the Englilh. Colonel Stoddard marched immediately with fifty men from Northampton to reinforce Northfield, fifty men be- longing to Connedicut having been draw;i off the day before. Juflice fhould be done to the government of Connecticut. Their frontiers vjere covered by MafTa- chufetts, and if they had not contributed to the charge of the v/ar, it was not probable that the MaiTachufetts . people :2^h THE HISTORY OF [Chap.ITI. people would have drawn in and left Connedlcut fron- fliers expofed. Neverthelefs, they generally, at the requefl: of PylafTachufetts, fent forces, every year during the fum- mer, in this and former wa-rs, and paid their wages, the provifions being furnilhed by this governmentv In October, the enemy furprifed one Cogfwell and a. boat's crew which were with him at Mount Defart. De- cember 25tK, about fixty Indiana laid fiege to the fort, at Mufcongus or St. George's. They furprifed and took tvv'o of the garrifon, who informed them the fort was in a miferable condition ; but the chief officer there, — — Kennedy, being a bold, refolute man, the garrifon held out until colonel Wedbrooke arrived, with force fufficient to fcatter the befiegers and put them to flight. This fummer alio, July .14th, the Indians furprifed one captain V/atkins, who was on a fifliing voyage at Canfo, and killed him and three or four of hjs family upon Du- rell's ifland. Douglafs and other writers applaud the adminiftration for conduding this v/ar with great fiviM. The French could not join the Indians, as in former wars. Parties of the Engliili kept Upon the march, backwards and for- wards, but faw no Indians. Captmn Moulton went up to Norridgewock, and brought awayTome books and papers of the Jefuit Ralle, which difcovered that the French ?.vere the inftigators of the Indians to the war, but he faw none of the enemy. He came off without deftroying their houfes and church. Moulton was a difcreet as wtII as brave man, and probably imagined this inftance of his snoderation w^ould prov.ckc, in the Indians, the like fpirit -iowards the Englilli.'* The * Do6tor Incrcafe 3^»Tather, who made ;; confideraLlc figiire in tlie firft part of •f'tir hiftory, died at Bofton Auguft 23d, 17*3, in the S5th year of his age. He had isen a preacher fixty-fix years, ai^d a minifter of the fame church fixty-two years together, was many years prelident of Harvard college, hut rciidered himfelf moll co-nfpicuous in the charadler of agent for the Province in i^nglaud, where his labours -jind fei-viccs for feveral year^ \vere very great, and his reward very fmall. Auguft 25. A Nipmug Indian, John Qiiittamug, came to Eofton, and was en- itsrtaiued hy feveral gentlemen who accounted him a great prodigy. Forty years were attacked before they left the houfes, and two men were ihot down. The relt ran upon the Indians and put them to flight, leaving their packs and one of their com- pany who was killed in the IkirmiHi. One Englifliman was killed and two taken prifoners at Llatfield, another, with a friend Indian and their hoffes,w^ej;e killed between Northfield and Deerfield. This month, new^s was brought to Bbfton of the lofs of captain Jofiah Winflow* ana thirteen of his company, belonging to the fort at St. George's liver. Ther^ went out LuChcl and an half o£ .corn all the way upon Iiis r*ic"k, tnat tacre wa« then only one cellar began in the town, and that fomewhere nsi^r the common. He was in gooJ. health, his undcrftanding and memory entire, and travelled on foot ton miles a dav. He lived near the town of Woodllock. His journey to BuRon jirovtd a« fatal l» him as old Thomas Parr's journey to London, furviving it a very fhort time after his- return home, having been feuftei by feme of the principal gentlemen here as Parr htid been at London. * Captain Winflow was a young gentleman who had iufl left the college, hut hav- ing a mind formed for action, engaged in the fervice of his country and loft his life, I-Hs father v/as then of the council,. His grandfather, for many years, and hi* great-grandfather for two years, were governors of Plymouth colony. The lattery as we obiei ved in the firft part of our hiftory, died a con-miiTioncr under Cromwell. General Winflow, who had the command of the provincial forces at Fort Bdwar-i ^^ ^757>:s younger brother to captain Winflow, aird puffcffcs the fame martial- fairit. 278 THE HISTORY OF . [Chap. IIL out feventeen men in two whale-boats, April 30* The Indians, it feems, Vvatched their motions, and waited the. molt convenient time and place to attack them. The next day, as they were upon their return, they found themfelves on a iudden furrounded with thirty canoes, whofe complement mud be an hundred Indians. They attempted to land, but were intercepted, and nothing re- mained but to fell their lives as dear as they could. They made a gallant defence, and the bravery of the captain was, in an efpecial manner, applauded. Every Englifh- man was killed. Three Indians, I fuppofe of thofe call- ed the Cape-Ann Indians, who were of the company, iTi?idt their efcape, and carried to the fort the melancholy news. Encouraged by this fuccefs, the enemy made a flill greater attempt by water, feized two fhallops at the Ifles of Shoals, and afterwards other fifliing veilels in other har- bours, and among the reft a large fchooner, v/ith tv/o fwiv- el guns, which they mianned, and cruifed about the coaft. A fmall force was thought fufficient to conquer thefe raw failors, and the lieutenant governor commiflioned dodor Jackfon, of the Province of Maine, in a fmall fchooner with twenty m.en, and Silvanus Lakeman, of Ipfwich, in a (liallop with lixteen men, to go in queft of them. They foon came up v/ith them, and not long after returned, with their rigging much damaged by the fwivel guns, and Jackfon and fe.vcral of his men wounded, and could give no other account of the enemy than that they had gone into Penobfcot. The Seahorfe man-of-war, captain Durell, being then upon the Boflon ftation, the lieutenant, mafter and maf- ter's mate, each of them took the command of a fmall vefTel with thirty men each, and went after the Indians ; but it is probable they were foon tired of this new bufi- nefs, for they were not to be found, nor do we meet with any further intelligence about them. They, took eleven velfels, with forty-five m.en, twenty-two of whom they killed, and carried twenty-three into captivity. At Groton they killed one man, and left dead one of their own number. Augufl 3d, they killed three, wound- ed 17^4.1 MASSACHUSETTS. 27^ td one, and made another prifoner at Rutland. The 6th, four of them came upon a fmail houfe in Oxford, which was buiU under a hili. They made a breach in the roof, and, as one of them was attempting to enter, he received a (hot in his belly from a courageous woman, the onlv perfon in the houfc, but who had two muflvets and two piftols charged, and was prepared for all four ; but they thought fit to retreat, carrying off the dead or wounded man. The i6th, a man w^as killed at Berwick, another Yc^ounded, and a third carried away. The 26th, one was J:illed and another wounded at Northampton, and the 27th, the enemy came to the houfe of John Hanfon, one of the people called Quakers, at Dover, and killed or car- ried av/ay his wife, maid and fix children, the man him- felf being at the Friends' meeting.* Difcouraged with the ineliectual attempts to intercept the enemy, by parties of our forces marching upon the back of the frontiers, another expedition was refoived up- on, in order to furprife them in their principal village ai No: ridge wock. Four companies, connfting in the whole of two hun- dred and eight men, were ordered up the river Kennfc- beck, under captain Harman, captain Moulton, captain Bourn and lieutenant Bean. Three Indians of the Six Nations were prevailed with ta accompany our forces- The different accounts given by the French and Englifh of this expedition may afibrd feme entertainment. Char- levoix, who I fuppofe was about that time in Canada, and might receive there or from thence the account given hj liiQ Indians themfelves, relates it in this manner. "The 23d of Au.-Tuft,! 17-4, eleven hundred men^ • part Englifh, part Indians, came up to Norridgewock. The thickets with which the Indian village was furround- ed, and the little care taken by the inhabitants to prevent a furprife, caufed that the enemy were not difcovered un- til the very inftant when they made a general difchargc of * Hanlon went afterwards to Canada,' ^d redeemed kit wife, tfirec of his cbS- ilrcn, and the maid. Two of his fons were killed, a daughter of ferenteca year* of age he was obllgea to leave in tlieir hands. Tbt Indians would permit him to frc ajid converfe wiih her, tut would not part v.iLh her upoa any tcx^asJ Di&reSiuim c»wugh f ♦ f 1 2th Oli Stile. 28o THE HlSTOPvY OF FChap. Tlh of their guns, aiid their fiiot had penetrated all the Indian Vv'igwams. There were not above fifty fighting men in the village. Thefe took to their arms and ran out in confufioh, TxOt with any expe£lation of defending ths place againd an enemy who were already in poifeirion^ but to favour the efcape of their wives, their old men and children, and to give them time to recover the other fide of the river, of which the Engliih had not then poifeiTed themfelves. " The nclfe and tumult gave father Ralle notice of the danger his converts were in. Not intimidated, he went to meet the enemy, in hopes to draw all their attention to himfelf, and fecure his flock at the peril of his own life. He v/as not difappointed. As foon as Ue appeared, the Engliih fet up a great fhout, which was followed by a fnovver of fhot, and he fell down dead near to a crofs which he had erecled in the midft of the" village, ievcn Indians, who accompanied him to ihelter him wdth their own bodies, falling dead round about him. Thus died this kind fhepherd, giving his life for his fheep, after a painful miffioii of thirty-feven years. The Indians, who were all in the greati^fl: confternation at his death, imme- diately took to flight and croiled the river, fome fwimming and others fording. The enemy purfued them, until they had entered far into the woods, where they again gathered together to the number of an hundred and fif- ty. * Although more than two thoufand fiiot had been fired upon them, yet there were no more than thirty kill- ed and fourteen wounded. The Englifli, linding they had nobody left to refill them, fell firil to pillaging and then burning the wigwams. They fpared the church, fo long as was necefTary for their lliamefully profaning the facred veiTels and the adorable body of Jefus Chrilt, and then fet fire to it. At length they withdrew, with fo great precipitation that it was rather a flight, and they feemed to be flruck with a perfect panic. The Indians immedi- ately returned to their village, where they made it their firft care to weep over the body of their holy mifTionary, whilll their women were looking out for herbs and plants for * He muft mean men, women and childien, if there were bnt fifty figbtin«i men iaiill., i/^.J MASSACHUSETTS. 281 for healings the wounded. They found hlni fliot in a thoufand places, fealped, his ikull broke to pieces with the blows of hatchets, his mouth and eyes full of mud, the bones of his legs fraclured, and ail his members mangled an hundred difrcrcnt ways. Thus was a prieH: . treated in his million, at the foot of a crofs, by thcfe very men who have fo llirongly exaggerated the pretended in- humanity of our Indians, who have never made fuch car- nage upon the dead bodies of their enemies. After his converts had raifed up and oftentimes kifTed the precious remains, fo tenderly and fo juilly beloyed by them, they buried him in the fame place where, the evening before, he had celebrated the facred myfteries, ham.ely, v.here the altar flood, before the church was burnt." Befides the great error in the number of the Englifli forces, there are many cmbellifliments in this relation in favour of the Indians, and injurious to the Engliih. Not fatisfied with the journal alone whicli was given in by captain Harman, I took from captain Moulton as minute and circumflantial an account as he could give'cf tliis af- fair. The forces left Richmond fort, on Kennebcck river, the Sth of Auguft, O. S. The gtb, they arrived at Ta- conick, where they left their whale-boats, with a lieu- tenant and forty of the tv/o hundred and eight men to guard them.. With the remaining forces, the loth, they began their march by land for Norridgewock. The fame evening, they difcovered and fired upon two Indian womicn ; one of them, the dauq-hter of the well- known Bomazeen, they killed ; the other, his wife, they took prifoner. From her, they received a full account of the fiate of Norridgewock. The 12th, a little after noon, they came near to the village. It was fuppofed that part of the Indians might be at their corn-fields, which were at feme diitance, and therefore it was thought prop- er to divide this fmall army. Harman, with about eighty men, chofe to go by the way of the fields, and Moulton, with as many more, were left to march llraight to the vil- lage, which about three o'clock fuddenly opened upon them. There was not an Indian to be feen,, being ail in Vol. II. T their atz % THE HISTORY OF [Chap. IIL their wigwams. Our men were ordered to advance foft- ly, and to keep a profound filence. At length an Indian came out g£ one of the wigwams, and as he was making Avater looked round him, and difcovered the Englifh dole upon him. He immediately gave the war whoop, and ran in for his gun. The whole village, confiding of about fixty warriors, befides old men, women and children^ took the alarm, and the warriors ran to meet the Englifh,- the rell fled to fave their liveSo Moulton, inilead of fuf- fering his men to fire at random through the wigwams, charged every man not to fire, upon pain of death, until the Indians had difcharged their guns. It happened as he expe6:ed ; in their furprife they overfliot the Englifn, and not a man was hurt. The Englillr then difcharged in their turn, and made great {laughter, but every man flill kept his rank.- The Indians fired a fecond volley, and immediately f!ed towards the river.. Some jumped into their canoes, but had left their paddles in their houfes y others took to fvvimming, and fome of the tallefl could ford the river, which was about fixty feet over, and the v/aters being low, it v/as no where more than fix feet deep. The Englifh purfued, fome furnifhed themfelves with paddles, and took to the Indian canoes which were left, others waded into tht river. They foon drove the Indians from their canoes into the river, and Ihot them in the water, and they conjectured that not more than fifty of the whore village landed on the other fide, and that fome of them were killed before they reached the woodso The Englifh then returned to the town, where they found the Jef^it, in one of the wigwams, firing upon a fev/ of our men, who had not purfued after the enemy. He had an Englifli boy in the wigwam with him, about fourteen years of age, who had been taken about fix months before. This boy he fliot through the thigh, and afterwards flabbed in the body, but by the care of the furgeons he recovered. I find this a6i: of cruelty in the account given by Harman upon oath. Moulton had giv- en orders aot to kill the Jefuit, but, by his firing from the wigv/am, one of our men being wounded, a lieutenant, Jaques, ftove open the door and fliot him through the head* 1724.] MASSACHUSETTS. 283 head. Jaques excufed himfelf to his commanding ofFicerj alleging that Ralle was loading his gun, w'nen he entered the wigwam, and declared that he would neither give nor take quarter. Moultton allowed that Ibme anfwer was made by Rallii which provoked Jaques, but doubted whether it was the fame as reported, and ahvays exprefTed his difapprobation of the adion. Mog, a famous eld chief among the Indians, was fuul up in another wigwam, and firing from it killed one of the three Mohawks. His brother was fo enraged that he broke duwn the door and (hot Mog dead. The Englifh, in their rage, followed and killed, the poor fquaw and two helplefs children. Having cleared the village of the enemy, they then fell ta plundering and deilroying the wigwams. The pi tinder of an Indian town confilted of but a little corn, it being not far from harveft, a fev/ blankets, kettles, guns, and about three barrels of powder, all which was brought away. * New England Puritans thought it no facrilege to take the plate from an idolatrous Roman Catholic church, which I fuppofe was all the profanenefs offered to the facred veflels. There were fome expreffions of zeal againil idolatry, in breaking the crucifixes and other im- agery which were found there.* The church itrelf,,a few years before, had been built by carpenters from New En- gland. Beaver and other Indian furs and flvins fet up the church, and a zeal againft a falfe rehgion deftroyed the ornaments of it. Harman and the men who went to the corn-fields did not come up till near night, when the acdon was over. They ail, of both parties^ lodged in the wigwams, keep- ing a guard of forty men. The next morning, they found twenty-fix dead bodies, befides that of the Jefuit, and had one woman and three children prifoners. Among the dead >vere Bomazeen, Mog, Job, Carabefett, WilTememet, and Bomazeen's fon-in-law, all noted war- T 2 riors. * When Sir Edmund Andres was governor. In 1680, in a voya^ eaftwaril in the Rofe frigate, he put in to Penobfcot, and finding that Calline had fled^ he entered his honfe and feized and brought away a quantity of arms, ammunition and goods, which were lodged there forfupplics to the Indian enemy, but an altar with pitflur^s and other ornaments he left untouched. This might caufe fufpicions of his being a favourer of Popery, but a good Froteftant would Cdt have been culpable for thefwiie tenderncfi. 2^4 THE HISTORY QF [Chap, ift/ riors. They marched early for Taconick, being in fome pain for their men and whale-boats, but found all fafe. Chriftian, one of the Mohawks, was fent, or of his own accord returned, after they had begun their march, and fet fire to the wigwams and to the church, and then joined the company again. The 16H1, they all arrived at Rich- mond fort. Harman went to Boflon with the fcalps, and, being the chief in com.mand, was made a lieutenant colo- nel for an exploit in which Moulton was the principal actor, who had no diflinguifhing reward, except the ap- piaufe of th-Q country in genera!.* This has often been the cafe in much more important fervices. The Nor- ridgeWock tribe never made any figure fmce this blow. Encouraged by this fuccefs, colonel Weflbrooke was crdered to march v/ith three hundred men acrofs from Kennebeck to Penobfcot, v/hich he performed with no other advantage than ex-ploring the country, which before was little known. Other parties were ordered up Ama- feconti and Araarefcoggin, and a fecond attempt v/as made upon Norridgewock, but no Indians were to be found. The frontiers, however, continued to be infefted. Sep- tember the 6th, an Engliih party of fourteen went from- Bunflable in fearch 6t two men who were mifiing. About thirty Indians lay in wait, and iliot down^ fix and took three prifoners. A fecond party went out and loth two of th-eir number. The v/eftern frontier feems to have been better guarded, for, although often alarmed, they were lefs annoyed. The government increafed the premium for Indian fcalps- and captives to one hundred pounds. This encouraged John Lovewell to raife a company of volunteers, to go out upon an Indian hunting. January 5th, he brought to^ Boilon a captive and a fcalp, both which he met with- above forty miles beyond Winnepefiaukee lake. Going out a fecond time, he difcovered ten Indians round a fire^ all alleep.t H^ ordered part of his company to fire, who killed *■ Captain Moulton afterwards was, many ycai*s together, a member of the coun- cil, colonel of a regmient in the expedition to Cape Breton in 17455 a"y's Province of Mafiachufetts, iz^ THE HISTORY OF [Ckap. IIL made by the minillers for calling a fyno^ was granted in council, but the houle did not concur. Afterwards, by a vote of both houfes, it was referred to the next fefTion, to which the lieutenant governor gave his confent. Op- pofition was made by the Epifcopal miniif ers, but a doubt of fuccefs, ill the Province, caufed them to apply in En- gland, I fuppofe to the bi&op of London, f /I'he king being abroad, an inilruclion came from the lords juflice^ to furceafe all proceedings, and the lieutenant governor received a reprimand for " giving his confent to a vote of reference, and neglecting to tranfmit an account of fo remarkable a tranfadion." A flop was put to any fur- ther proceeding in the affair, nor has any attempt for a fynod been made fmce. The remainder of Mr. Dummer^s fliort adminiflration was eafy to him. The war being over, the principal ground Maffachuft-tts, afTembkd and now fitting. A inemo;iai and addrcfs humbly prcfented. As a general convention of rii'r.'jlcrs from feveral ^^arts of tbt' Province at Bof.on^ May 27, 1725. Considering the great and vifible decay of piety in the country, and the growth of ]iiany ir.ircarriages^ whtch we fear may have provoked the glorious Lord in a feries of various judgments wonderfully to diflrefs us. Confiderir.g alfo the laudable example of our pjedeceiTors to .lecoyer and eftabiifh the faith and order ig-f the gofpel in tlie churches, and provide againll what immoralities may threaten to impair them in the ^Yay of general fynods convened for that purpofe ; and confider- ing that about forty-five years haveiiovv rolled away fince thefe churches have iii€;n :iny fuch conventions — It is Jbumbly defired that the honoured gTjierai court would cxprefs their concern for the interells of religion in the country, by calling the ftv- erai churcli.es in the Province to meet by their pallors and mefTengers in a iynod, 'und from thence offer their advice upon that weighty cafe which the circuaillauce!, of the day do loudly call to be confidered What are tie mf carriages ivbereof ive have rccfon to think the judgments of Hejiven, upon us, call us to be more generally fuiftlh^ and 'what may be ihe tnof evangelical and ifecJuul expedien's to put a fop unto thofe or th.e like ffiifcurriagcs ? This pr£>pofal we hiimbly make in hopes that, if it be profecuted, it may be followed with many deiirable corj'c'iuences, v\'orthy the ftudy of thofe whom God has .made and v>s are 10 happy to enjoy as the nurfing fathers of "^ur churches. ' Cotto^i Mather y In the name of the niiniflerG afTembled in their general conventioH. f " I mufl: acqu;iint you that the bi^liop cf London has laid before tiie lords jufbicco a written authentic copy of our minillers' memorial to the general court to empower them to meet and a6t in a fynod, coni^ented to by the lieutenant governor, and their excellencies wv, very much difpleafed with his conduiSt herein, it is thought here that the cbrgy fliould not meet info public t:nd authoritative a manner without the king's confent as head of the church, and that it would be a bad precedent for Diffcntcrs here to ailc the fame privilege, which, if granted, would be a fort cf vyuig with the eftablifhed ch'jrch. It has alfo been infmuated that tliis fynod would have come to feme refoiutions to the prejudice of the church of England, if they had been permitted to convene. However this nifiy be, it is certainly my duty to apprize the affembly of it, for their better dircdlion in the approaching feffion, \vhen, I fuppofe, tlic r.iatter will be refumed." Dimmers letter, iji Seft. 1725. 5 ; 26. j[ U A S S A C H USE T T S. tcji ground of difputc, the ordering the forces, ceifed. Oth- er aftairs relative to the treaiury, the paifing upoii ac- counts and the form of fupplies, he fuifercd to go on ac- cordin,^- to the claim of the houfe. Mr. Cooke, the firii: elei^ion after his return from England, Mav, 1726, wa^ chofen of the council. This was a n^Urk of the houfe'.s; approbation of his condud in the aqency, all hough it had Hot been attended with fuccels. The lieutenant governor did not think it convenient to offend the houfe by a nej;- ative. Th-e fniall allowance made him as a falary, about two biuidred and fifty potinds ilerling per annum, he alfo acquiefced in for the fake of peace. The governor was expeded by almofl every ihip for a year of tV'/o together. but by fonie means or other Vv'as delayed until the fum.- rner of 1727, wdien he was upon the point of embarking, but the fudden death of the king prevented.* The prin- cipal caufe of delay feems to have been the infulaciencv of the falary which had been granted for his fupport, and the uncertainty whether the aiTembly would make an ad- dition to it.f Upon the acceflion of King George TI, a gentleman' who, it ii; faid, was in particular efteem with the ki?ig him- felf, was appointed governor of New York and the Jer- 9.es^ in the room of My, Burnet, whofe adminiftration had, in general, been very acceptable t-o thofe ccionies, and * " I do apt know when or on board what Trip tKe go\«<;rnor intends to cmhark. for his g')vernment. Tie fays he won't o;o hut in a ni-ia-O'-'A ar, for fcnr of mt-tlinjr ar pirate ; but .13 there is no profpecl of a kinjr's {hip going this y;!3r to' any pnrr of the continent, I behevc hit will tliink better of it, and take his paltage in capiain C^ry, who will fa.il in about a month." Ditmmers letter, %T^d ylj^rll, ^727. f "Colonel Shute baving petitioned his niajefty in council t6 fcttl"^ a fuitahle fala.. fy on him and all fhe fucceedin^ governors of Nt:w En;j;land, the lords of the privy council, inftcad of fending me a written mefiage to attend, as is ufua! in other cufc, made a peremptory order of the I Sth of February l:i!t,roqaii ing n-.c to attend their hoard on the Wcdnefclay followii^g, and not to f;\il on any pretence whrffoever. When I came, the lords fent for oolonel Shute to- go in by uimielf, an.l ul'ter, forme and Mr. Newman, the ag-iit for New liampfhire. They aikcd whetli^r, if hi> inajefly fhould think fit to fend Mr. Shute bark agtiin to his government, KbelieveJ- the country'- would receive and fupport him iiandfomely. '1 o this 1 artfwertd, that I had no inRrudions upon this fubj.d, but my private opinion was that they would ; for they Vvho had lately In fo dutif.il a manner accepted the royal exphiha- tory charter, would not fail to ihow 2 proper regard' to any perfon v/honi hipmajef- ty fliould plcafe to fend over as his reprefentative, of wiiich niv lord Tcwnfcnd particularly expreffcd his fatisfadlion. inhere was not a -r. ^94 THE HISTORY OF [Chap. lIL and approved in England. The bifliop, his father, had likewiie been a moft fteady friend to the houfe of Hano- ver. Governor Burnet's fortune being reduced in the general calamity of the year 1720, he parted wnih a place in the revenue of 1200I. per annum and received commif- fions for thefe governments, with a vievi to his retrieving his fortune in a courfe of years. He thought it hard, in. fo iliort a time, to be fuperleded ; for although the Maf-' fachufetts and New Hampfnire were given to him, yet he Was 10 part v^ith very proutable pofls for fuch as, at befl, would afford him no more than a decent fupport, an eafy adminiilration for one which he forefaw would be ex- tremely troublefome. He complained of his hard fate, and it had a vifibie eftcCt upon his fpirits. Colonel Shute •was provided for more to his fatisfa6lion than if he had returned to his governmerit, a penfion of 400I4 fleriing per annum, being fettled upon him, to be paid out of the four and a half per cent 'duty raifed in the Weft India ifiands. The Weft Indians, who would perhaps have been content if it had been applied to one of their ovv'n governors who had been fuperfeded, have taken excep- tion to the payment of it to a governor of. the northern colonies.^ The earthquake on the 29th of Odobet, 1727, al- though not confmed to Mallachufetts, was fo remarkable an event in providence that we may be excufed if we give a circumftantial account of it. About forty minutes af^ ter ten at night, when there was a ferene ftvy, and calm but Iharp air, a moft amazing noife was heard, like to the roarino; of a chimney when on fire, as fome faid, only be-^ yond comparifon greater ; others compared it to the noife of coaches upon pavements, and thought that of ten thou- fand together would not have exceeded it. The noife was judged by fome to continue about half a minute be- fore the fhock began, which increafed gradually, and was thought * The duties granted by Barbadoes and the leev/ard iflands upon their own pro- duce, to be difpofed of by the crown, are the only inftances of the kind ift the colo- r.ies. Jamaica is exempt. It was faid in parhament, in the reign of Charles U. that this duty was confenred to upon condition the planters ihould be releafed from a duty of 40wt. fugar per head referved when the king granted the lands. Jamaica was chiefly difpofed of by Cromwell, I fuppofe, free from the like burden »r charfre. V 1727.] MASSACHUSETTS. . 29^; thought to have continued the fpace of a minute before ic i was at the height, and, in about half a niiaute more, to have been at an end by a gradual decreafe. When the terror is fo great, no dependence can be placed upon the adrneafurement of time in any perfon's mind, and v/e always find very different apprehenfions of it. The noife and ihock of this and all earthquakes which preceded it in New England were obferved to come froai the w^fl: or north-weft, and go off to the eaft or fouth-eaft. At New- bury and other towns upon Merrimack river, the fhock was greater than in any other part of MaiTachulcnts, but no buildings were thrown down, part of the walls of fev- eral cellars fell in, and the tops of niany chimneys were ihook off. At New York it feems to have been equal to what it was in Malfachufetts, but at Philadelphia it was very fenfibly weaker, and, in the colonies fouthward, it grew^ lefs and icfs, until it had fpent itfelf or became infen- iihle. The feanien upon the coaft fuppofed their veflels to have ftruck upon a flioal of looi'e ballad. More gentle iliocks were frequently felf in moft parts of New England for feveral months after. There have feldom palfed above fifteen or twenty years without an earthquake, but there had been none, very violent, in the memory of any then living. There v^as a general apprehenfion of danger of deftrucfion and death, and many who had very little fenfe of religion before, appeared to be very ferious and devout penitents ; but, too generally, as the fears of another earthquake went off, the religious impreffions went with them, and they, who had been the fubjecls of both, re- turned to their former courfe of life. The trade of the province being in a bad (late, and there being a general complaint of fcarcity of money, the old fpirit revived for increafmg the currency by a further emiffion of bills of credit. It would be juit as rational when the blood in the human body is in a putrid corrupt ftate, to increafe the quantity by luxurious living in or- der to reftore health. Some of the leading men among the reprcfentatives were debtors, and a depreciating cur- rency was convenieat for them. A bill was projeded for fortifying the fea-ports. The town of Bollon was to ex- pend 596 THE HISTORY OF [Chap. IIL pend ten thdlifand pounds in forts and (lores, and to ena- ble ihem to do it, thirty thoufand pounds was to be iflued in biiis and lent to the town for thirteen years,, Salein, Plymouth, Marblehead, Charleftown, Gloucefter, and even Trurd^ on the' Cape, were all to be fupplied with bills of credit for the like purpofes. After repeated non- concurrence and loi'ig altercation, the council were pre- vailed upon to agree to the bill. ¥/hen it came to the lieutenant governor, he laid the king's inftruction before the council, and required their opinion, upon their oaths, whether, confident with the inftruttion, he could fign the bill ; and they anfwered he could not. Not only the lieutenant governor, but feveral of the council, were de- pendent upon the houfe for the grant of their falaries, and this dependence waa improved, as in divers inftanccs > it had been formerly. The houfe referred the confidera- tion of allowance to the next feffion, and defired the • court might rife. The lieutenant governor let them know, by a meffage, that he apprehended his fmall fupport was withheld from him, becaufe he would not figli a bill con- trary to his indrudions. They replied, that he had rec- ommended to them, the making provifion for fortifying the province, and now they had palTed a bill for that pur- pofe, he refufed to fign it, and they were obliged, in pru- derice and faithfulnefs to their principals, to come into a vote referring allowances and other matters to another fefhon, when a way may be found to enable the inhabit- ants to pay into the treafury again fuch funis as may be drawn out for gratuities* and allowances. After a recefs of about a fortnight, an expedient was found. Inftead of a bill for fortifying, another was prepared with a fpe- cious title — " An ad for raifmg and fettling a public rev- enue for and towards defraying the necelTary charges of the government by an emiflion of 6o,oool. in bills of credit." This was done to bring it within the words of the inilruftion, v/hich reilrained the governor from con- fenting to the ilTuing bills of credit, except for charges of government. The intereft of four per cent, or 2400I. was to be applied annually to the public charges, and gave * Gratiiity is a term not ufual with the houfe, aad feems not fo proper for pay- ment of fervices. \^2^r^ Massachusetts. ' 297 gave colour for IlTiiing the principal fum of 6o,oool. The lieutenant governor was prevailed upon to fign it, and the fame day the houfe made the grant of his falary, and the ul'ual allowance to the J%dges, mofl of whom were members of the council, and to the other officers of the government. This was afterwards alleged to be a compulfion of the lieutenant governor, and fuch of the members of council as v/cre falary men, to comply with the houfe of reprefentatives, by withholding from them their fubfiflence. The eagernefs of the body of the peo- ple for paper bills, more eafily acquired in this v/ay than the righteous way of induilry and frugality, no doubt, facilitated a compliance. The council, upon this occafion^ declined anfwering upon their oath, as counfellors, when the lieutenant gov- ernor afked their advice. They fwear that to the bell of their judgment they will at all times freely give their ad- vice to the governor for the good management of the pub- lic affairs of the government. The lieutenant governor propofed the following queflion to them in writing — • *' Gentlemen, I find it neceifary, in order to my figning the bill, entitled, an act for raifing and fetthng a revenue, &c. which has paifed both houfes, to have your advice whether I can fign the faid bill without the breach of the inflruclion of the lords juftices of Great Britain, dated the 27th of September, 1720, and the order of the lords com- mifiioners of trade and plantations, dated the 8 th of Feb- ruary, 1726-7. W, Dummer, Feb. 17, 1727." Upon which the council came to the following vote. " In council, Feb. 19, 1727 — Read, and as the council have already, as they are one part of the general court, paifed a concurrence with the honourable houfe of reprefenta- tives upon th^ faid bill, they cannot think it proper for them to give your honour any further advice thereupon, nor do they apprehend the oath of a counfellor obliges them thereto. At the fame time, they cannot but think it will be for the good and welfare of the Province, and the neceifary fupport of the government thereof, if the bill be confented to by your honour. 7. Willard^ Secretary.'* Vol. ir. U 'They ^9*^ THE HISTORY' OF [Chap, fft They had given their advice or opinion, the fame fef- fion, upon the bill for fortifying, after they had pafled it,; that it was contrary to the inilruciion, and inftances of the like kind have been frequent before and fince this time. The lieutenant governbr»had a further opportunity, be- fore Mr. Burnet's arrival, of meeting the aiTembly in May for eledion of counfellors. The houfe difcovered in one indance this feffion, a dc- fire to amplify their jurifdidion^ The council and houfe had made it a practice ever fince thi* charter to unite in the choice of the treafurer, impoil officer, and other civil officers, the appointment whereof is refer ved to the gen- eral affembly. The council, being in number lefs than SL third part of the houfe, have by this means no weight in fuch elections except when there are two or more can- didates for an office fet up by the houfe, and then the balance of power, if they are united themfelves,^ may be- with them. This feems to have been an old charter prac- tice, and handed down. The two houfes, when parties' to any petition or caufe defire to be heard, often meet in^ one houfe, which no doubt alfo. came from the old char- ter, but after they are feparated, they vote feparately up- on the fubjedt matter of the hearing. In this feffion^ after a hearing of this fort, the houfe paifed a vote, ''that, when a hearing ihall be had on any private caufe before both houfes together, the fubje(^ matter fhall be deter- mined by both houfes conjunctly." They might as well, have voted that, after a conference between the two' houfes, the fubject matter fhould be determined conjund- ly. The council were fenfible this was taking from tht little v/eight they had, and unanimoully non-concurred the vote. The manner of choofmg elvil" officers is a defe£l in the conftitution, which does not feem to have been confidered. at the framing the charter, and as by charter officers mufl annually be elected, it is a defeat which muft be fubmittcd to. If either houfe fliould eled by themfelves and fend to the other for concurrence, the right of nominatioa would be fuch an advantage as neither would be willing tt ^727.] IVIASSACIIUSETTS. 299 to concede to the other. In the early days of the charter, it had been made a queflion, whether in any ads of gov- ernment the council had a negative voice, and were not rather to vote in conjunction with the houfe of reprefent- atives, and Conflantine Phips gave his opinion, that they had no negative. He feems not to have confidered, that the charter and the commillions to governors of other colonies evidently intended a iegiflature after the pattern of the Iegiflature of England, as far as the ftate and cir- cumflances of the colonies would admit. The government, under the old charter and the nev/, had been very prudent in the dillribution of the territory. Lands were granted for the fake of fettling them. Grants for any other purpofe had been very rare, and ordinarily, a new fettlement was contiguous to an old one. The fettlers themfelves, as well as the government, were in- clined to this for the fake of a focial neighbourhood, as well as mutual defence againfl an enemy. The firft fet- tlers on Connecticut river, indeed, left a great tradt of wildernefs between them and the reft of the colony, but they went ofi' in a body, and a new colony, Connecticut, was fettling near them at the fame time. Rivers were alfo an inducement to fettle, but very few had ventured above Dunftable, upon the fine river Merrimack, and the rivers in the Province of Maine had no towns at any diflance from the fea into which they empty. But all on a fudden, plans are laid for grants of vaft tracts of unimproved land, and the lafl fefnon of Mr. Dummer's adminiftration, a vote pafTed the two houfes appointing a committee to lay out three lines of towns, each town of the contents of fix miles fquare, one line to extend from Connecticut river above Northfield to Merrimack river above Dunftable, another line on each fide Merrimack as far as Penicook, and another from Nichewanock river to Falmouth in Cafco-Bay. Pretences v/ere encouraged, and even fought after, to entitle perfons to be grantees. The poflerity of all the officers and foldiers who ferved in the famous Narrag?nfeC expedition, in 1675, were the firll pitched upon, thofe who were in the unfortunate attempt upon Canada, in U 2 1690, 30© THE tllSTORY OF [Chap, ift 1690, were to come next* The government of Ne\f HanipHiire fuppofed thefe grants were made in order to fecure the poflelTion of a tract of country challenged by them as within their bounds. This might have weight with fome leading men, who were acquainted with the controverfy, but there was a fondnefs for granting land irt any part of the Province. A condition of fettling a cer- tain number of families in a few years, ordinarily was an- nexed to the grants, but the co-art, by multiplying their grants, rendered the performance of the condition im- practicable, there not being people enough within the Province willing to leave the old fettled towns, and the grantees not being able to procure fettlers from abroad. The fettlement of the Province was retarded by it, si trade of land-jobbing made many idle perfons, imaginary wealth was created, which was attended with fome of the niii'chievous eiTe^^s of the paper currency, viz. idle>nef§ and bad economy, a real expenfc was occafioned to many perfons, beiides the purchafe of the grantees* title, for every towniliip by law was made a propriety, and their frequent meetings, fchemes for fettlement, and other pre- t>aratory bufmefs, occafioned many charges. In fome few tov/ns, houfes were built and fome part of the lands cleared. In a fnort time, a new line being determined for the northern boilndary of the MaiTachufetts colony, many of thefe townfhips were found to be without it. The government of New Hampfhire, for the crown, laid claim to fome of them, and certain perfons, calling themfelveg proprietors under Mafon, to others, and the MaiTachufetts people, after a further expenfe in contefting their title, either wholly loft the lands, or made fuch compofition as the new claimers thought fit to agree to. Mr. Burnet* was received with unufual pomp. Be- fides a committee of the general court, many private gen- tlemen went as far as Briilol to wait upon him, and, be« fides the continual addition that was making in the journey, there went out of Boflon to meet him at a fmall diif ance fuch a multitude of horfes and carriages, that he entered the town with a greater cavalcade than had ever beea * H« arrived at Bofton July ijth. f72S.l MASSACHUSETTS. 501 teen fccn before or fince. Like one of his predeceflbrs, lord Bellamont, he urged this grand appearance, in his fird fpeech to the aflembly, as a proof of their ability very honourably to fupport his majefty's government, and at the fame time acquainted them with the king's inftrucVion to him to infift upon an eflablifhed falary, and his inten- tion firmly to adhere to it.*- He had aiked the opinion of a New England gentleman, who was then the miniiier of the Prefbyterian church at New York, whether the ;aflembly would comply with his inflrudion, and receiVf^ ed a difcouraging anfwer, which caufed him to reply, that he would not engage in a quarrel, or to that efi'ect j but he either received difTerent advice upon hie arrival, or for fome other reafon altered his mjnd. The afTembly feem- ^d, from the beginning, determined to v/ithfland him. To do it with better grace and a more reafonable profped: of fuccefs, the quantum of the falary, it was agreed, was not worth difputing^ It bore no proportion to the privi- lege and right of granting it for fuch time as they thought proper. The fame perfons, therefore, who, fix or feveu years before, refufed to make governor Shute, and, per- haps, the government eafy, by granting not more than five hundred pounds (lerling a year, now readily voted for a thoufand, or a fum which was intended to be equal to it. As foon as addrefies from the council and houfe, the ufual compliments upon the firft arrival of a governor, had paiTed, the houfe made a grant of '1700I. towards his fupport, and to defray the charge of his journey. In a day or two, the governor let them know he was utter^ Iv unable to give his confent to it, being inconfiftent -with his inftruclion. After a week's deliberation, a grant * " It is not eafy to cxprefs the pleafure I have had in cominor aruornr you. The commiflion with which his mcij'-fty has honoured me (however unequal to k) has hctn i-eceived in fo refpedful and noble a manner, and tlic pleniy and wealth of this great Province has appeared to me in fuch a ftrong; light, as wili not fuiTer m« to doubt of your fupporting his majefty's government by an ample, honorr?.hl<; ^nd lafting iL-^.tlement. The wifdom of parliament has made it an eftabiifiied cuftom to grant the civil lift to the king for life, and, as I am coiifiJcnt th2 rcprefentatives of the people here would be unwilling to own thcmildves out- done in duty to his majefty hy any of his fubjeols, I have reafon to hope that they will not think fuch an example has any thing in it which tJiey are not ready to imitate. I fhall lay before you his majefty's inftruclion to mc upon this fubjeA, which, as it fhall be an inviolable rule for my conduct, v/iil, without ipiuf- tion, have its due weight witk you." Qtv./^wJj 2ijh jftly, 1728. 302 THE HISTORY OF [Chaf. IIL was made of three hundred pounds for the charge of his journey, which he accepted, and another of fourteen hun- dred pounds towards his fupport, which was accompanied with a joint raelfage from the council and houfe, prepared by a committee, wherein they affert their undoubted right as Engliflmien, and their privilege by the charter, to raife and apply monies for the fupport of government, and their readinefs to give the governor an ample and honourable fupport ; but they apprehended it would be mofl for his majelly's fervice, &c. to do it without eltablifhing a fixed falary.* The governor was always very quick in his re- plies ; and once, v/hen a committee came to him with a meffage, having privately obtained a copy of it, gave the fame committee an anfwer in writing to carry back. The fame day this meffage was delivered, he obferved to them in anfwer, '' that the right of Englifhmen could never en- title them to do wrong, that their privilege of raifmg money by charter was expreffed to he ' by wholefome and reafonable laws and diredions,* confequently not fuch as. were hurtful to the conftitution and the ends of govern^ ment ; that their way of giving a fupport to the governor could not be honourable, for it deprived him of the un- doubted right of an Englifhman, viz. to ad his judgment,, or obliged him to remain without fupport, and he appeal- ed to their own confciences, whether they had not for- merly kept back their governor's allowance until other bills were paffed, and whether they had not fometimes made the falary depend upon the confent to fuch bills ; that if they really intended from time to time to grant an honourable fupport, they could have no juft objedion to making their purpofes effedual by fixing his falary ; for he would never accept of a grant of the kind they had then made." We ihall be convinced that Mr. Burnet was not a perfon who could be eafily moved from a refo- lution he had once taken up. Upon the receipt of this meffage and the peremptory declaration of the governor, the houfe found this was like to be a ferious affair, and that they fhould not fo cafily get rid of it as they hcid done of the like demands made ^Auguft 7tK, ;i723.] MASSACHUSETTS. 303 made by Dudley and Shute, and again appointed a com- mittee to join with a committee of council to confider of this meflage. The exclufive right of the houfe in origin- ating grants they have often fo far given up as to join with the council by committees to confider and report the expediency of them, the reports generally being fent to the houfe, there to be firfl aded upcm. The report of this committee was accepted In council and fcnt to the houfe, but there rejeded, and^ not being able to unite in an anfwer, the houfe tried the council with a refolve, fent to them for concurrence, the purport of which was, that fixing a falary on the governor or commander in chief for the time being would be dangerous to the inhabitants, and contrary to the defign of the charter in giving power to make wholefome and reafonable orders and laws for the welfare of the Province. This vote, in fo general .terms, the council did not think proper to concur, and declared that, although they were of opinion it might prove of ill confequence to fettle a falary upon the gover- nor for the time being, yet they apprehended a falary might be granted for a certain time, to the prefent gover- nor, without danger to the Province, or being contrary to the defign of the charter, kc. * This occafioned a -conference without effeft, both houfes adhering to their own votes, and from this time the houfe were left to manage the controverfy themfelves. They fent a melTage to the governor to defire the court might rife.t He told them, that if he Ihould comply with their defire he fhould put it out of their power to pay an immediate regard to the king's inllru^lion, and he would not grant them a recefs until they had fiiiiflied the bufinefs for which the court was then fitting. They then, in a meflage to him, declared that, in faithfulnels to the people of the Province, they could not come into an ad for eftablifliing a falary on the governor or commander in chief for the time being, and therefore they renewed their requeft that the court might rife. || Both the governor and the houfe feem to have fome referve in their declarations. Perhaps a falary during hi^ ♦ Angvft 19th. t ^Sth. I Aujuft 29th. 304 THE HISTORY OF [Chap. Ill, his admimilration would have fatisfied him, although he demanded it for the commander in chief for the time be- ing -y and the houfe do not yet fay, that they will not fet- tie a falary for a limited time. Each defired that the other would make fome concellions. Both declined, and both by long altercation were irritated j and at length, which is often the cafe, inftead of clofmg, as feemed prob- able at firlt, widened the breach, until they fixed at the oppofite extremes. The major part of the council and ^bout a fixth part of the houfe were willing to fettle a fal- ary upon Mr. Burnet for a term not exceeding three years, polTibly even fome who were finally the moll zeal- ous in the oppofition would have fubmitted to this, if they could have been fure of its being accepted, and they had been at liberty to act their judgment. Mr. Cooke had experienced the ill fuccefs of the controverfy with governor Shute, and feem.ed defirous of being upon terms with his fucceifor, who, upon his firft arrival and until the Province houfe could be repaired, lodged at Mr. Cooke's houfe ; but a friendfhip could not long continue between two perfons of fo different opinions upon civil govern- ment. The language of the governor's meffages was thought too dictatorial by the people, and particularly by- the inhabitants of Bofton, and he had been fomewhat free in his jokes upon fome of the ihop-keepers and principal tradefmen, who were then the directors of the counfels of the town, and very much influenced thofe of the houfe. An intimation in the governor's next meffage,* that, if they did not comply with the inflrudion, the legiflature of Great Britain would take into confideration the fup- port of the government, and perhaps fomething befides, meaning the charter, increafed the prejudices againfh him. The houfe now thought themfelves obliged to be more particular than they had yet been fully to alfert their rights.f This was what the governor defired, and, with- out any delay,| he fent them an anfwer. As thefe two meifages feem to begin in earnefl the argument on each fide * Auguft 29th. f Augufl 31ft. \ September 2i> 1728.] MASSACHUSETTS. 30^ fide of the queflion, we lliall infcrt them in the margin. * Not long after, the hoiifc, inftead of any advances towards a compliance, which the governor wifhed to obtain, came to refolutions upon two qaeftions which fhewcd ftill more fully * Auguf^ 31ft:, 1728. ^Thf houfc of rrprefentativcsfcnt the following mciragc to his excellency the governor. *' Afl/jy it pleafc your axcAlency^ " The reprefentativcs in general court affemhle^, before they proceed to make reply to what they received from you on Thurfday lail, rcfpcitinor their anfv/er of that morning to your mciTage of the 28th current, beg leave to recur to what the council and reprefentatives, the 7th inilant, in jrr;"at truth and fi'^cerlty, armr"^ other things, laid before your excellency, viz. — 'I'hey humbly apprehend, that hit majefty's fervice in the necefiary defence and fupport of the government and the protecStion and prcfervation of the inhabitants thereof, the two grcJt cn^rli propo£:d in the power granted to this court for the raif.ng taxes, would be befl anf.vcred without eftablifhing a falary. Your excellency wa? plco.fed to icx. U3 knov/, that the anfwcr of the houfc contained no rcafons that appeared to ^nu fuHicient why hi» majefty's 23d inllruelion might not be complied vrich, fince the fame methods that are found no ways to prejudice the riglits and liberties of the people of Great Britain, nor of other colonies, cannot prejudice thole of tiie Province. If th? rriethod prac- tifed in Great Britain is not prejudicial to the rights and liberties of the p.^ople there» it docs not therefore follow that fixing a falar-/ will not prejudice the people of thii Province. The Britifli conftitution dilfering from ours in many refpects, and other colonies coming Into any particular method, we not knowing the motives inducing them thereto, nor the feveral conftitutions of government they arc, put under, ought not to Influence or prompt us to imitate them. '* May it pleaje your excellency, " The houfc, being heartily defirous to cultivate ?. good agreement and harmony with your excellency, take this opportunity to affare you, that '.*c have, once and again, deliberately confidered your mcffage for fixing a falary, and do humbly con- ceive that it Is againft the good defign of the powers veiled and reposed iai us by the royal charter, to pafs adls purfuant to the inllruvTcions laid before us, for as much as pafling fuch acts, as we apprehend, has a dire6l tendency to weaken om* happy con-i ftitution ; for that their late majeflies king William and queen Mary, of glorious memory, were gracioufly pleafed to gratify the Inhabitants hore, and did grant to them certain powers, privileges and franchifes to be ufed and enaployed for the benefit of the people, and in the fame grant referred other powers to be ufed and cxercifed by the orown, or the governors fsnt by them, agreeable to the direftlon* and mftru(SIons contained in faid grant and their commiHions, having reference for their better guidance and direi5lIons to the feveral powers and authorities mentioned in the faid charter ; if therefore the general affembly fhould at any time come into any aft that might tend to infringe the prerogative or diflerve the crown, his maj^ cfty's governors have a negative voice on all fuch adts ; furthermore, fhould any governor Incautioufly give his confent to fuch ads, his majefty has rcfcrvcd to hlm- fclf a power to difallow the fame, but the ufe and exercifc of the other pov/ers and privileges lodged in the general aflcmbly, his majefty juftly expcds tiicy will never make ufe of them In prejudice of the riglits and liberties of the people, but at all times exert themfelvcs In defence thereof. If we refemble the Britilh conftitution, as your excellency has done us the honour to declare, we humbly apprehend that no part of the legiflature here (hould be entirely independent, as your ercelieHcy has very jufdy denoted to us, that the three dlftincl branches of the legiflature, preferv- cd in a due balance, forms the excellency of the Britifh conftitution ; and If any of thofe branches ftiould become lefs able to fupport Its own diiniity and freedom, the whole muft inevitably fuffer by the alteration. Your excellency is pleafed to fay, ^hat a fupport ^Ivcn as hag been ufual here cannot lie honouiaid.-, bci^aufo that Im- pHe» 30^ THE HISTORY OF [Chap. lit fully their fenfe of the point in controverfy. The firfl' queflion was, whether the houfe will take under confider- ation the fettling a temporary falary upon the governor or commander in chief for the time beings This pafled in plies no fort ©f confidence in the goTcmment. To -vrhich we humbly offer, that if your excellency would take notice of our grants, you would fee that the very meth- od itfelf 18 founded on nothiwg elfe, inafniuch as they always look forward and are riven to enable the governor lo go on and manage the public affairs. Thus, in th:» our firft fcfiion at your excellency's firft and welcome arriYal,theaffembly made a grant )of 1400I. to enable your excellency to manage the affairs of this Province, fully con- fiding m your condu6t. If your excellency intends that we do not put fo mucl^ confidence in you as the parliament do in our ntioft gracious foyereign, to whom the civil iifl IS granted for life (which jGod long preferve) we freely acknowledge it. Is it rcafonable or poUible that we iliould coniide in any governor whatfoevcr, fo »|uch a* in our gracious king, the common father of all his people, who is known to delight in noli dug fo much as in their happinefs, and whofe intcreft and glory, ;and chat of hii royal progeny, arc infeparable from the profperity and welfare of his people ; whereas it is raoft obvious, that neither the prolperity nor advcrfity of a pfopie affecl a governor's intcreft at all when he has once left tJiem. ^ " Your excellency goes en and declares, that the fupport of the government io this manner vlfibly depcuds on an entire compliance with the other parts of the iegiflature. Kad the governor no aurhority nor checks upon them, we mull ac- '' knowledge this to ht the cafe ; but as both the other parts have a great dependence upon the governor's difcretionary power, the council (as the pracftice ufually is) for their very being, and both they and the reprcfentatives for every law and proper acl of government, and for every penny put into and drawn out of the treafury, for their wiiole defence and fecurity in every cafe »f danger, as he i§ their captaii? general, belidcs other obvious particulars needlefs and too numerous to be named, that sf in this fmgle inftance the governor Iliould have dependence on the affem- fcly, as to his fupport, according as they fhall fee the Province able, the other thing's that they depend upon him for are fo vaftly misrc than a counterbalance.^ Jhat it cannot be thought that the commander in chief can be hereby prevented jacting according to his judgment, or remain without fupport. We affure your excellency, that it js not any exception to your pcrfon or adminiflration (which we hope other pai-ts of our condubf; have made evident) that determines u» -againft Using a friary as prefcribed, " ]\Iay it f'/ea/c your excellency ^ " Since v/e have fo many times heretofore, »nd do now in the rtoft folcmij manner, and after the moft UriA fcrutiny we are able to make in this important affair, majiifeft, that in faithfulnefs to our country we cannot think it advifeablc for this houl;; to be concerned in paffmg an ail for fixing a falary as prefcribed, we do therefore moil ardently move your excellence, ihat you would permit us to repair to our feveral homes, and not keep us fitting here in order to our a6ling contrary to our native freedom and declared judgment, and fo betraying the great tiuft and confidence ouf principals have rcpofed in us." /September 3d, 17 z8. r-The fecretary carried down to the houfe the following meffage from his excellency the governor. Gentlemen of tht houfe of reprcfentatives y It is not at all agreeable to my inclination to enter into difputes with your Jvoufe ; and, for that reafon, I have endeavoured Hitherto to be as Ihort as the im- portance of the matters v/hich I have recommended to you will allow me. But fince you have thought fit to lay fuch ftrefs on the reafons offered in your reply #f Saturday, I cannot avoid, once more for all, entering into a particular examin- ation of them, that not only yourfelves, but thofe whom you reprefent, may be en- fibled to j.udge ef the contirtverfy betweea us. Y»a liegin wish ren>iudmg mc I72S.] MASSACHUSETTS. 307 in the negative. Then this queftion was put, whether the houfc can with fafety to the people come into any other method for fupporting the governor or commander in chief for the time being, than what has been heretofore praclifed. that the council and reprefentatives apprehended ' that his majefty's fcrvice, in the neceffary deft-ncc and fupport of the government ar^d luc pvotedlion and prcijrv;i-< tion of the inhabitants thereof, the two great ends propofcd in the power granted to this court, would be heft anfwercd without citubhfhing a iixed lalary.' [t ought not to be forgotten, at the {?.ir,c time, t'-^at the council hid altered the ■words, ivould he bejiy into, Tnay be ii'dl, though you prevailed with than to recede from the amendment, and that they made this addition — ' We efteem it a great unhappinefs, tJiat his majefty fliould think our method of fupporting the gover- nors of this Province a dcfign of making them dependent on the people ;' t» •which you agreed, though nothing to that effect had been inferted in your own draught. By thefe inftances, the council appear, from the firft, to have very dif- ferent apprehenuons from you of the regard to be paid to his majcfcy's inftrucftionj and of the weiglit of his difpleafurc, which laft confideration (though the greateft part of my meffage) was not, it feems, thought by you to defcrve any room at all in fo long a repjy. But fuppolmg the council and you were agre:d, that is to fay, that two branches of the legiflature thought ic heft to keep the third entirely dependent on them, (which would b^:* a manifeft piece of partiality and injuftice) is this any reafon \A\y the third Ihould be of the fame opinion ? Or rather does it not confirm the too juft fufpicion his roajefty has of a ddign fo dangerous to his own authority ? Two branches pf legiflature can bring nothing to effe(51 withi out the third;, and, confeouently, if what feems heft to them only cannot be con- feuted to by the other, it becomes the^r duty then to conlider what next beft thing can be done, in which all three can concur ; for it does not follow that if what fome imagine beft cannot be done, therifforc nothing (hoiild be done at all. •: And fo much for what you have faid, before you proceed to rriake reply. You may perceive from what I have already expreffed, ;ipon how many account* the reafons of the houfe can never appear fufticicnt to me why his majcfty's 23d inftrudlion fhould not be complied with ; and I am far from thinking that you give any anfwer to my former reafons. You fay, ' that if the method pra6t:ifed in Great Britain is not prejudicial to the rights and liberties of the people there, it does not therefore follow that fixing a falary would not prejudice the people of this Province.' Rights and liberties are words tliat have naturally the fame nicsn-» ing in all countries ; and, unlefs you can Ihew me wherein the Britifh rights and liberties are defeAive, (which you have not done) I may conclude that they are not fo ; and in that cafe it is a natural confequence, that the methods under which they have been fo long fafe and flourifhing are moft likely to produce the fame effefts. But you fay, ' the Britim conftitution differs from yours in many re-. fpe<5ts.' 1 take the chief difference to have bee» in the ufc made of toe conftitu- tion, which has been no ways to your advantage ; for by Great Britain's keeping up to their conftitution, pubUc credit ftill continues at the height, notwithftandinjr the vaft charges and debts of the nation ; but with you, credit has fallen lower and lower in an amazing manner ; and this has proceeded plainly from the want of a fufficient check in the other branches of the leglllature to the fudden and unadvifcd meafures of former affemblies ; fo that if ever you come near the iiap}>inefs of Great Britain, it muft be by fupporting thofe parts of the legiflature which of late have bcvernor to go on and manage the public affairs.' I can fcarce believe that this is intended for -i ferious argument, fince a time no longer ago than lad winter feflion affords * plain proof to the contrary. The lieutenant governor informed tlxe houfe, in an- iwer "to th:ir meff'.ge exprefling their defire of an adjournment, ' that he had :Conr(^nted to all the a As and votes pafTed the two houfes, except the bill foi« emitting bills of credit, which he would have figned, were it confiftent with his majeily''s inftrucSlion, whicJi it was not, in the opinion of the council.' And he concludes with reminding them, ' tiiat the proper and ufual fcafon for granting fal- aries is already out-run, and that he expevSts they will^providc for the honourable fupport of the government before they rife.' The hou'fe entered into the confid* -eration of the above meffige, and after fome debate had thereon, the (lueilion was put, whether tlie houfc will now conie to the confideration of allowances ; it palT- ed in the nec-ative. Then the quefUon was put, whether the confideration of aliovvances (hall be referred to tlie n ;xt feflion of thij court ; rcfolved in the af- firmative. In tliis manner v;-as this method of grants, ' that always look forward,' brought to look dire.aiy upon the prefent bufinefs, in order to compel a compli- ance, or, if you like th^t better, to look backward by way of punilliment for a denial ;^ and fo the public amiirs were left tp aianige thsmfeives, for any care that was taken of them. Your next oblervation is not one jot a jufccr rcprefentation. of the cafe before jou. You fay, you are not for iixing a falary,' becaufeit is not reafonable or pof- fible you fnould confide in any governor whaufoever fo much as in our moft graciou? king.' As if this iniliruaion to demand a falary came from a governor and not from his majefty himfelf, and as if the falary was to be given direAly to the governor, and not to his majefty, for the ufc of his governor or commander in chief, or as if upon .'juft complaint his majefty could not or would not remove an ill governor, and, in H-^ort, as ii your doing the thing would not be altogether upon confidence in his m.vefty, and not in any governor whatfoever. The words «f refpec^ here ufed to his maj lly come with a very- ill grace, and have not that gravity in them which v/ouid be more becoming, fince in the fame breath you are difregarding his own demand and undervaluing his favour, and makin* light of his d'eciaration, ' that if you do not pay an immediate regard to his in- ftrudion he will look upon it as a manifell mark of your undutifui behaviour to kimfeif.' . You carry on the fame kind of reafoning to the end of your paper, which feems much better adapted to amufe, than to prove any thing. In the firft place, you ma^-.e a very pompous reprefentation of the governor's Authority, anti of the gi-eat dependence the other parts of the general court have ©n his difcretionary pov/cr, and call his fupport the fmgle inftance in which he has fome dependence on the affembly ; and juft after you give an odious afperfion «n an undoubted branch of the power lodged in the governor, which is '^to keep the' general court together as long as he thinks the public affairs require it.' I am kt a lofs to know whether your rnfiuu;:ti©n, that I k^cp you here in order to i728.] MASSACHUSETTS. 309 ing a falary as prefcribed. Thefe votes caufed the gover- nor to put them in mind of a letter from their agent in the year 1722, wherein he mentions that lord Carteret, in converfation, defired him to write to the aflembly not to provoke the government in England to bring their charter before the parliament, for if they did, it was his opinion it would be difTolved without oppofition, and the governor advifed them to take care their proceedings did not bring their charter into danger at that time. This caution did not prevent the houfe from preparing a flate of the controverly between the governor and them, con* cerning his falary, to tranfmit to their feveral towns, in the conclufion of which they fay, that they dare neither come into a fixed falary on the governor forever, nor for a limited time, for the following reafons. " I ft. Becaufe it is an untrodden path, which neither they nor their predeceiTors have gone in, and they cannot cer- tainly forefee the many dangers that may be in it, nor can they depart from that way which has been found fafe and comfortable. ^ " 2dly. Becaufe it is the undoubted right of all Engliih- inen, by Magna Charta, to raife and difpofe of money for the public fervice, of their ow*n free accord, without com- pulfion. » ^j(y^ •onipel you to aA contrary to your native freedom and declared judgnacnt, lit tnore injurious to me or yourfelvcs. You feem to allow the governor's prm'eri •nly fo far as he ufes them according to your plcafure ; but, in uiing your own jpowers, to teke it very ill to be direded by any body. You H-.id before, * that' the other things which the houfe depends on a governor for are fo vaftly more than a counterbalance to his fupport (you might have faid fubfiftence, and then the irony would have appeared more openly) that it cannot be thought that the commander in chief c:;n be thereby prevented adling according to his judg- ment, or remain without fupport.' As if you vrere ignorant of the aforemen- tioned proceedings of the laft winter ; and yet you are very ready to think, that to keep you fitting here is a compulficn to you to ad contrary to your Hati'/e freedom and declared judgment, and fo betray the great truft your*prin- cipals have repcfed in you. But I perfuadc myl'.-If that your faithfulnefj to your country put you above any fuch temptation. And, as I an^ ftill of opinion that you have aded upon miftaken notions, I •annot give ovef the hopes of your coming to fee things in that true light in which, I flatter myfelf, I have ftated the point in queftion ; and as ! am difpof- cd to gratify you as far as is confiftent with my duty and my honour, I hope you will confidtr what advances you can make towards a compliance, that fo the prefent fellion may not be a ncedlcfs burden to the pcopk, but ftill have • great ifTue to his majefty's and the eountry's f«rvis». tf^. BuriKt. 31® THE HISTORY OF [Cha?. IlL " " 3dly. Becaufe It muil necefTarily lelTen the dignity and freedom of the houfe of reprefentatives in making acls and ralfing and applying taxes, &c. and confequently cannot be thought a proper method to preferve that baL ance in the three branches of the legiilature which feems nece'ffary to form, maintain and uphold the conftitution* " 4thly. Becaufe the charter fully empowers the gene- ral aflemlily to make fuch laws and orders as they lliall judge for the good and welfare of the inhabitants, and if they or any part of them judge this not to be for their good, they neither ought nor could come into it ; for, as to a6: beyond or without the powers granted in the char- ter might juftly incur the king's difpleafure, fo not to ad: up and agreeable to thofe powers might juftly be deemed a betraying the rights and privileges therein granted, and if they Tnould give up this right, they would open a door to many other inconveniences.'* This reprefentation was prepared to be carried home by the feveral m.embers upon the rifing of the court, in order to their tov/ns giving their inftrudions, but, the houfe being kept fitting, it was printed and fent through the Province. The governor fent a meffage to the houfe a few days after, in which he takes their reprefentation to pieces, and in the clofe of his • melTage appeals to them whether he had not anfwered all their objedions except " the unknown inconveniences to which a door would be opened," which could not be anfwered until they could tell what they were ; and charges them with calling for help from what they had not mentioned, from a fenfe of the imperfedion of what they had, and with fending to their feveral towns for advice, and declaring, at the fame time, they did not dare follow it. It would be tedious to recite at length the feveral mef-^ fages, which palfed during the remainder of the contro- verfy, from the chair to the houfe, and from the houfe to the chair, which followed quick one upon the back of another. The fum of the argument, upon the part of the governor, was as follows : that it was highly reafona- ble he fnould enjoy the free exercife af his judgment in |he adminiftration of government, but the grants, made for ijii.^ MASSACHUSETTS. ^tt- for a fhort t:me only by the houfe, were thus limited for no other r.eafon than to keep the governor in a ftate of dependence, and with defign to withhold from him the necelTary means of fubfiflence, unlefs he would comply with their acls and refolves, however unreafonable they might appear to him ; that in fad they had treated gov- ernor Shute in this manner, and, no longer fmce than the laft year, the houle had refufed to make the ufual grants and allowances, not only to the lieutenant governor, but to other officers, until they had compelled him to give his confent to a loan of fixty thoufand pounds in bills of credit ; that a conftitution which, in name and appear- ance, confided of three branches, was ia fact reduced to one ; that it was a profefl'ed principle in the confiitutjont of Great Britain, to preferve a freedom in eadi r»f the three branches of the legillature, and it was a great favour (hewn the Province, when king Wiiiiam and queen Mary cflablillied, by the royal charter, a form of government fo analagous to the government of Great Britain ; a prin- ciple of gratitude and loyalty, therefore, ought to induce them to edablifh a falary for the governor of this Prov- ince, in order to his fupporting his dignity and freedom,. in like manner-as the parliament always granted to the king what was called the civil lift, not once in fix months or from year to year, but for life ; that this was no more than other Provinces which had no charters had done for their governors ; that there was nothing in the Prov- ince charter to exempt them from the fame obligation which other his majefty's colonies were under to fupport the government ; to be fure, they had no pretence to greater privileges by charter than the people of England enjoyed from Magna Charta, and yet no claufe of than was ever urged as an objection againft granting to the king a revenue for life ; and a power by charter to grant monies could not be a reafon againft granting them either for a limited or unlimited time. On the part of the houfe, the fubftance of their defence againft the governor's demand and his reafons in fupport •f it was, that an obligation upon au aifembly in the plan- tations gii THE HISTORY OP [Chap. IIL tations could not be inferred from the pradllce of the houfe of commons in Great Britain ; the king was the common father of all his fubjeds, and their interefts were infeparably united ; whereas a plantation governor was aiFecled neither by the adverfity nor profperity of a colony when he had once left it- — no wonder then a colony could not place the fame confidence in the governor which the nation placed in the king ; hov/ever, the grants to the governor always looked forward, and were made, not for fervices done, but, to be done. It mud be admitted, the governor is in fom.e meafure dependent upon the affembly for his falary, but he is dependent in this inftance only, whereas he has a check and control upon every grailt to any perfon in the government, and upon all laws and a61:s of government whatfoever ; nor can an exa£l parallel be drawn betv/een the conditution of Britain and that of the Province, for the council are dependent upon the gover- nor for their very being once every year, whereas the houfe of lords cannot be difplaced unlefs they have crim- inally forfeited the rights of peers ; the houfe were not to be governed by the piadice of affemblies in fome of the oflier colonies, nor were they to be dictated to^ and re- quired to raife a certain fum for a certain time and cer- tain purpofes ; this would deftroy the free-i'om which the houfe apprehended they had a right to in all their a61:s and refolves, and would deprive them of the powers giv^ en to them by charter to faife money and apply it when and how they thought proper.* Different judgments will undoubtedly be formed upon the weight of thefe rea^ fons on the one fide and the other. The mefiages of the houfe, at firft, v/ere fliort, fuppof-^ ed to have been drawn by Mr. Cooke, who never ufed many * The governor liad repeatedly urged againft theln their compelling lieutenant l^overacr Bummer to fign a bill for ilTuing 6o,oool. againft his inftru«Slion and againft kis judgment, which they had palled over without any notice ; at length they tell him, " We doubt not but the true ftate of the cafe is this, that though his honour, in the the beginning of the fePaon, thought his majeily's inftruclion forbad him coming into.it, yet, upon deliberation and advice ef the affembly, his great council, he was otherwife minded." The governor, in anfwer, afks them why he may not, with exa(5tiy the fame reafon, fay, " that 1 doubt not but the true fcate of the prelcnt cafe is this, that though the affembly, in the beginning of this feiF.on, thought that their charter forbad them coming into a falary for the governor, yet, upon deliberation and advice of his majefty, their moft gracious kir.j, by his inflrytJlion, they v/ill bs atherwifc mindsil.." 1728.] MASSACHUSETTS. 313 many words in his fpeeches in the houfe, which generally difcovered fomething manly and open, though ibmetimes fevere and bitter, and often inaccurate. In the latter part of the controverfy they were generally drawn by Mr. Welles, another member from Bofton, the fecond year of his coming to the houfe. Thefe were generally more prolix, and necefiarily fo from the length of the mellages to which they were an anfwcr. The houfe had juilice done them by their committees who managed this contro- verfy, and they were then willing to allow that the gover- nor maintained a bad caufe with as plaufible reafons as could be. ' The contending parties, for a little whll'^, endeavoured to be moderate and to preferve decorum, but it was im- pofTible to continue this temper. On the 4th of September, the houfe repeated to tlie^ governor the requell they had formerly made to rife ; but he refufed to grant it, and told them, that unlefs his maj- - elly's pleafure had its due weight with them, their delires Ihould have very little weight with him. The council, who had been for fome time out of the queftion, now interpofed and paifed a vote " that it is ex- pedient for the court to afcertain a fum as a falary for his excellency's fupport,-as alfo the term of time for its con- tinuance.*' This was fent to the houfe for concurrence. The council feem to have gone a little out of their line, but the houfe took no other notice of the vote than to non-concur it. The houfe, being kept fitting againll their will, employed part of their time in drawing up the flate of the controverfy which we have mentioned. This was not occafioned by any doubt they had them- felves, but to convince the governor that the people throughout the Province were generally of the fame mind with the houfe, and for this purpofe they thought it nec- eflary to obtain from their towns an exprefs approbation of their conduct. It was well-known, that not a town in the Province would then have inftrucled their reprefenta- tives to fix a falary upon the governor for the time being. One of the king's governments (liarbadoes) was at this time warmly contending with its governor againfl fixing Vol. IL W a falary. Ji4 THE HISTORY OF [Chap. rfL a falary. The aflembly of that illand, fome years before^ had fettled a very large falary upon a governor againft v/hom they afterwards made heavy complaints, charg- ing him with rapacioufnefs and grievous oppreffions ; and his fucceflbr having demanded the like I'ettlement upon him, they refolved to withitand the demand, and the fpirit feemed to be as high there as in Malfachufetts. This had no fmall tendency to* ftrengthen and confirm the refolation of the people here, who fuppofed their charter rather an additional privilege and fecurity againfl this demand. * There was a minor part, however, very defirous of an accommodation. The ill fuccefs of the controverfy with governor Shute v/as frefh in their minds. Many amiable quahties in Mr. Burnet caufed them to wifh he might continue their governor, and employ thofe powers and that attention which were now wholly engaged in this fmgle point, in promoting the general welfare and profperity of the Province. About a third part of the houfe of reprefehtatives and a major part of the council would have been content tO' have granted a falary for two, or perhaps three years. If \ve are to judge by his declarations, this would not have fatisfied him, and it was far fhort of his inftrudions ; but his friends were of opinion, that fuch a partial compliance ■would have produced a relaxation of the inftrudion, and iiTued in lalling agreement and harmony. The houfe made what they would have th^ governor think a fmall advance towards it. Inftead of a grant for the falary, fuppofed^ though not exprefled, for half a year, they made a grant (Sept. 20th) of three thoufand pounds,- equal to one thoufand flerling, in order to enable him to manage the affairs of the Province, and, although it w^as not exprefsly mentioned, it was generally underflood to be for a year. This was concurred by the council, but' he let it he without figning his confent, which caufed the houfe to make, at lealf, a feeming farther advance ; for on the 24th of Oftober they by a meifage entreated hint to accept the grant, and added, " We cannot doubt bu!) that fucceeding ailembhes, according to the abihty of the Province, *The affcmbly of Barbadoes, after.a long flruggle, fubmitted, but leficiied the fuia which had been fetdsd befor?. i728.] MASSACHUSETTS. 315 Province, will be very ready to grant as ample a fupport,and if they fliould not, your excellency will then have the op- portunity of (hewing your refentment/' Still this had no effed ; the governor knew how natural it would be for a future aifembly to refufe being governed by the opinion of a former ; befides the referve, " according to the ability of the Province," left fuflicient room for a further reafon for reducing the fum whenfoever n future aifembly lliould think it proper. A little before this meffage from the hoiife, the gover- nor had informed them that he was of opinion the ad!, which pafled the lafl year ilTuing fixty thoufand pounds in bills of credit by way of loan, would be difallowed, the lieutenant governor having given his confent to it diredly contrary to a royal inflruclion ; and recommended to them, as the moft likely way to obtain his majefly's appro- bation, to apply the interefl of the money arifing from the loan towards the governor's falary. This was one of thofe a^ls which have their operation fo far, before they are laid before his majefty, that great confufion may arife from their difailowance. The houfe therefore had no great fears concerning it, but it w^ould have been a fuffi- cient reafon to prevent their complying with the propofal, that it would be a fixing the falary fo long as the loans continued, and for this reafon they refufed it. The country in general, as we have obferved, v/as averfe to a compliance with the king's inftruclion, but no part more fo than the tow^n of Bofton. Generally in the col- onies where there is a trading capital town, the inhabit- ants of it are the mod zealous part of the colony in affert- ing their liberties when an opinion prevails that they are attacked. They follow the example of London, the cap- ital of the nation. The governor had frequently faid, that the members of the houfe could not ad with freedom, being influenced by the inhabitants of the town. Befides, the town, at a general meeting of the Inhabitants for that purpofe, had palled a vote, which was called the unani- mous declaration of the inhabitants of the town of Bol- ton, againfl fixing a falary upon the governor, and this vote they ordered to be printed. The governor was in W 2 great 3i6 THE HISTORY OF [Ckap. IIL great wrath, and called it *' an unnecelTary forwardnefs, an attempt to give law to the country." This feems to have determined him to remove the court out of town, and on the 24th of Oclober he caufed it to be adjourned to the 3 1 ft, then to meet at Salem, in the county of ElTex, *' where prejudice had not taken root, and where, of con- fequence, his majefty's fervice v*^ould in all probability be better anfwered/' Joc?>feiy he faid there might be a charm in the names of places, and that he was at a lofs whether to carry them there or to Concord. The houfe thought their being kept fo long fitting at Bofton a great grievance. In one of their mellages they afk the governor, " whether it has been cuftomary that the knights, burgefTes and other freemen of the land fliould be told that they are met to grant money in fuch a peculiar way and manner, and fo they fliould be kept till they had done it, and this in order to gain their good will and affent." In his reply he tells them he would confider their queftion in all its parts ; ift. " Whether freemen, kc. ihouid be told they are met to grant money." I an- .fwer, the crown always tells them fo. 2d. " In fuch a par- ticular way and manner ?" I anfwer. If you mean the way and means of raifmg money, the crown leaves that to the commons, but if you mean the pnrpofe for which it is to be granted, the crown always tells them what that is, whether it is for an honourable fupport, the defence of the kingdom, carrying on a war, or the like. 3dly. *' And fo they iliould be kept till they had done it." The crown never tells the parliament fo, that I know of, nor have I told you any thing like this, as an expedient to get the thing done. I have given you a very different reafon for not agreeing to a recefs, altogether for your own fakes, left I fhould thereby make your immediate regard to his m'4Jefty's pleafure impofTible, kc. The houfe could not eafdy be perfuaded they were kept fo long together merely for their own fakes, and thought this part of the governor's anfwer evafive of the true rea- fon, and confidered themfelves as under dureffe, whilfl at Bofton, and their removal to.Salem to be a further hard- fhip, and an earneft of wh^t was ftiil further to come, a removal 1728.] MASSACHUSETTS. 317 a removal from place to place until they were harafied in- to a compliance. 1 remember the converfation of the members of the general court, lamenting the meafures which had driven away governor Shute, who would have been eafy with a falary of about 500I. fterling granted from year to year. The fame perlons, by whole iniiu- ence his fahyy was reduced, were now prelling Mr. Bur- net to accept iooqI. in the fame way, and could not prevail. The houfe met, according to the adjournment, but immediately complained of their removal from Bollon as illegal or uncontlitutional, and a great grievance. The fame and the only reafon which was no\v given had been given before in the controverfy with governor Shute. The form of the writ for calling an alTembly, direiSled by the Province law, mentions its being to be held* at the town-houfe in Boilon j but this had been determined by the king in council to be, as no doubt it was, mere matter of form or example only, and that it did not limit the power which the crown before had of fummoning and holding affemblies at any other place. They prayed the governor, however, to adjourn them back to Boflon, but without fuccefs. I'hey endeavoured to prevail upon the council to join with them, but the council declared they were of a differ- ent opinion, and urged the houfe to proceed upon bufi- nefs, which occauoned repeated meffages upon the fubjecl ; but the whole ftrefs of the argument on the part of the houfe lay upon the form of the writ for calling the affem- bly, which the board anfwered by faying, the houfe might as well infift: that all precepts to the towns iliould go from the (heriff of Suffolk becaufe the form of the precept in the law has Suffolk ff. The alteration of place had no effect upon the members of the houfe. Votes and meifages paffcd, but no new ar- guments; the fubjecl had been exhauiled; nothing remain,- ed but a determined refolution on both fides to abide by their principles, and the houfe met and adjourned, day after day, without doing any bufmefs ; the governor was the principal fuffercr, not being allowed by the king to receive 3i8 THE HISTORY OF [Chap. IIL receive any thing towards his fupport, except in a way in which the aiTembly would not give it. The members of the court, in general, were as well accommodated at Sa- lem as Bofton, and the members of Bollon, who had not been ufed to the expenfe and other inconvenience of ab- fence from home, received a compenfation from their town, over and above the ordinary wages pf reprefenta? lives. It was a time of peace without, and a ceflation of public bufmefs, for that reafon, was lefs felt. The houfe, from an apprehenfion that their caufe was juft, and therefore that they were entitled to relief, refolv- ed to make their humble application to his majefly. Franr cis Wilks, a New England merchant in London, who had been friendly to Mr. Cooke in his agency, and v^ho was univerfally efteemed for his great probity as well as his humane obliging difpofition, was pitched upon for their agent. Mr. Belcher, who had been feveral years of the council, always clofely attached to governor Shute, and in general what was called a prerogative man, by fome accident or other became, on a fudden, the favourite of the houfe, and he was thought the propereft perfon to join with Mr. Wilks. At the lafl eledion he had been left out of the council, by what was called the country party, but now de- clared againft the governor's meafures, and became inti- mate with Mr. Cooke and other leading members of the houfe. Such inftantaneous converfions are not uncom- mon. A grant was made by the houfe to defray the charges of the agency, but this was non-concurred by the council, becaufe it was for the ufe of agents in whofe appointment they had no voice. I'he want of money threatened a (top to the proceeding, but the public fpirit of the town of Bofton was difplayed upon this occafion, and, by a fubfcription of merchants and other principal inhabitants, a fum was raifed which was thought fufficient .for the purpofe, the houfe voting them thanks, and prom- ifmg their utmoft endeavours that the fums advanced fhould be repaid in convenient time. The governor de- fired a copy of their addrefs to the king, but they re- fufed it. The 1728.] MASSACHUSETTS. 319 The only argument or reafon In the king's infi:ruft." * In his letter of March 24th, 172,8-9. •|- Dated April sj, 1729. 1728.] MASSACHUSETTS. 321 exceptionable. Indeed the members of the honfe thought themfelves aggrieved, that he would not iign a warrant upon the treafury for their pay, and his realon for refuhng it, viz. that one branch of the legiflaturc might as well go without their wages as another, they thou(>Jit infuflicient. Being drove to (traits, and obliged to his friends to aflKl him in the fupport of his family, lie thought he might be juftiiied in eftablidiing a fee and perquifite which had nev- er been known in the Province before. At New York, all veifels took from the governor a let-pafs for which there was no law, but the owners of vellels fubmnted to it, and it was faid, volenti non fit iryuriti. Lord Coke, per- haps, would not have thought even this a jullihcation.*" The governor required all mafters to take the fame paff- es here, againft their will, and demanded 6f, or 2/J fieri, for every vefTel bound a foreig^f voyage, and 4/I for coafL- ers. The flated fee by law for regi(l;ers was 6/1 but the bills having depreciated more than one half in value fincc the law was made, he required 12/I This was a very dif- ferent cafe from the other, and I do not know that it was exceptionable, but they were alike complained of as griev- ous and oppreiTive, and the governor's enemies were not difpleafed with the advantage he had given them againft him ; and upon a reprefentation made by the agents, not- withflanding the hardfliip of being retrained from receiv- ing a falary in any way except fuch as the aflembly would not give it in, yet fuch was the regard to law and juftice, that his conduct, fo far as related to the let-pafi'cs, was immediately difapprovcd. f There were other matters, befides that of the falary, to be fettled before Mr. Burnet could be eafy in his government, but this grand affair caufed the lefler to be kept off as much as poilible. One was the appointment of an attorney general. By the charter the eledlion of the civil officers, except fuch as be- long ^ " K>ng Edward JU. entered into a new device to get money, viz. that by agree- ment and confent of the merchants the king was to have 40/". of a fack of wool, &c. br.t the commons (that in troth were to bear the burden, for the merchants will not be the lofers) complained in parliament for that the grant of tiie merchants did not bind the commons, and that the cuftom might be taken according to the old order, Tv'hich in the end was granted, and that no grant ihould be made but by puriiameot." ——Co. 2d Inf.. p. 60. f Nan poiej} rexfuhJirurK rcniU-ntcm, otter an impojitisnilus. Fort«fcuc. 3^^ THE HISTORY OF [Chap. IlL long to the council and courts of juftice, is In the general allembly. Until after governor Dudley's time it had genr orally been allowed that the attorney general was an offi- cer of the courts of juftice and included in the exception, but lieutenant governor Tailer, in the year 1716, con- Xented to an eleclion made by the two houfes, and the choice had been annually made and approved ever fince, not wdthout notice from Mr. Shute of the irregularity of it, but he had fo many other affairs upon his hands that he waved this.* Mr. Burnet was determined not to part with the right of nomination, and the council were of the opinion he ought not, and refufed to join with the houfe in the eledionp There was fome altercation between the two houfes upon it, and both adhered to their principles. Another affair of more extenfive influence would have been more ftrenuoufly infifted upon. In governor Shute's adminiftration, the houfe, after long difpures with the governor and wdth the council, carried the point as to the form of fupply of the treafury, which differing, as we have already obferved, from the former practice, and, as both governor and council infifted^, from the rule prefcribed by the charter, Mr. Burnet had de- termined to return to the firft pradice. The houfe paiTed a voteforfupplyingthe treafury with tv/enty thoufand pounds, which the council concurred, the praftice having been the fame for eight or nine years together ; but the governor refufed his confent, and allured them that he would agree to no fupply of the treafury but fuch as was in pradlice before the year 1 72 1 . This declaration v^as made not long before his death. The fettlement of the point in contro- verfy remained for his fucceffor. The court was allowed a recefs from the 20th of De- cember to the 2d of April, and th^n fat until the i8th a,t Salem again, without any difpofition to comply. The new affembly for the eledion of counfellors was held at the fame place : There was a general expedation th'4 ** Governor Dudley brought with him a commiflion from the queen to his fon Paul for attorney general, with powers to appoint clerks and other officers, take fees, &c. i do not knov/ that it was pubilfhed. He was attorney general many ^ jsars, but, I fuppofe, with a copimiJion from the governor by advice of couijcil. 1729.] MASSACHUSETTS. 323 that a new fet of counfellors would be chofen. The coun- cil of the laft year had been of very different opinion from the houfe in many points. They had no doubt of the governor's power to call, adjourn or prorogue the alTem- bly to any part of the Province he thought proper, and although they were not for a fixed falary accordini'^ to the inflru^tion, yet they would have willingly confented to fettle it for longer term than a year, and foine of ther.i, during Mr. Burnet's adniiniftration ; but the houfe were moll offended v/ith the non-concurrence of their grant of money'*' to their agents. After all, only four new ccjii. fellers were elected.! Immediately after the council was fettled, the court w\as prorogued to the 2<^th of June, and having fat unto the loth of July, he prorogued them again unto the 20th of Augult, having made no fpeech at either of the felTions, or taken any notice of any bufniefs he thought proper for them to do. The reafon of this omif- fion appeared at the fefTion in Augufl. He had waitrd the • " April 10, 1729. In the houfe of reprefentatives — Refoved,that thf treafurer be dire<5ted to furnifn and fupply Francis Wilks, cfijuire, and Jonatlian Jickh>rr, efqulre, with the fum of three liundred pounds fterling, in x]\c befl manner that may be, to ferve the intereft of this Province in the affair of the humble addrefs of the houlc which has been prefented to the king's moft excellent majefly, the faid gentlemen to be accountable for the cxpenfe of the faid money.-' " April II. In council — Read and non-concurred." " In council — Ordered, that a meflage be fent down to the honourable houfe of reprefentatives to acquaint them that the board had non-concurred a refolve of the houfe, palfcd the loth current, for fupplying Francis Wilks and Jonathan Belcher, efquires, with the fum of 300I. fteriing to enable them to ferve the inttrcfl of this Province in the affair of the humble addrefs of the houfe, &c. and, as they appre- hend, for very good reafons. ft is well known that Mr. Wilks was chofen agent for the houfe of reprefentatives by a vote of the houfe only, and wa.i accordingly to obferve fuch inflruiflions as he fliould receive from them; and this w?.s one of the reafons given by the council for non-concurring a vote for allowing rool. flt^rlinor to Francis Wilk^, efquire, pafled the laft feihon, viz. December the zoth ; and it may be of ill confcquence, as tiie council judge, for them to join in fupporting any other agency that afFe6ts this Province than fuch as they are confultcd with and have confent- ;ed to from the beginning : bcfidcs which, the board look upon it as a very extraordinary pra(5ticein the honourable houfe to fend up a vote, for fupplying Meffrs. Will. 3 and Belcher to ferve the intereft of this Province in the affair of an humble addrefs, Szc, for concurrence, v/hen they never allowed the board a fight of faid addrefs till fev- eral months after the fame was traiifmitted to Great Britain and ac^.ually prefented to his majcfty in council." t Jonathan Belcher, William Dudley, Peter Thacher, and Ifaac Little, in the room of Nathanael Byfield, John Cuftiing, Symonds Hjies, and John Stoddard. The governor negatived Belcher and Little. Colonel Byfu-ld was now in favour and appointed judge of admiralty ?.ft"r Meinzie's death, Mr. Auchmuty having iri^. of£-:::t-r' a fc'.v months. {24 THE HISTORY OF [Chap. III. the iinal determination of his majefty in council, upon the report of the lords committee. This he now commmii- cated to the houfe, whereby they perceived that his con- duel v/as approved, that of the houfe condemned, and his Hiajefty advifed to lay the cafe before the parliament.'^ The * At I be totn-t at Kenfmgton^ the IZd day of May, 1 729. Prefcnt — tlie tjaecn's moft excellent majefty, guardian of the hing-dom of Great Britain and his majefcy's lieutenant within the fame, in couxicil — his royal highnefs the prince of Wales— archbifhop of Canterbnry, lord Chancellor, lord Privy Seal, lord. Stevvax-d, lord Chamberlain, ditlceof Somerfet, duke oi Bolt 0:1, dake of Rutland, duke of Argyle, duke of Montrofs, duke of Kent, duke of Ai:scafttr, duke of New- Cdftle, earl of Wcflniorland, earl of Burlington, earl of Scarborough, earl of Coven- ti-y, earl of (Srantham, earl of Godolphin, earl of Loudoun, earl of Finlater, earl of Marchraont, eari of Hay, earl of Uxbridg-e,, earl of Suffex, earl of Londfdale, vifcoynt Cobham, viicount Falmauth, lord Vv^ilniington, Mr. Speaker, Mr. Chancellor of the exchequer. Mailer of the roils. Sir Paul Methnen, Henry Pelham, efquire. Upon reading thi»'day at the board a report to his majefty from the lords of the cornmictee of his majerty's molt honourable privy council, dated the %zd. of the laft month, in the words following, viz. Your majefly having been pieafed, by your order in council of the firil of Febrn- fiTV, to refer unto this committee an addrefs from the houfe of reprefentatives of the Froviace of Ma.ffachufetts, offering the reafon and grounds of their proceed- ings and conclufions againft fettling a fixed falary of loo®!. per annum on the governor of thai: Province for die time being, according to your majcfty's inilruc- tiions to the preient governor, and complaining againft the governor for having ad- journed the ga^icrai court from Bofton to Salem ; the lords of the committee did, in obedience to your majefty's fild order, proceed the fame day to take the faid sddrefs into their confideration ; but being informed that the lords commiffioner* for trade and plantations had under their examination feveral letters from William. Eurnet, efquire, your rnajefty's governor of that Province, relating to the behaviour of the faid afientbly in this affair, the lords of the committee did thereupon fend a copy of the faid addrefs to the faid lords commiflioners, that they might have the whole matter before them, and diretSled them to report their opinion thereupon to this committee. And the faid lords commiflioners having accordingly confidered the faid feveral papers, and lieard Mr. attorney and Iblicitor general in fupport of your majefty's faid inilrudiorfs, and alfo council m behalf of the faid ailembly, have reportev-!, upon the whole — That they feeraed entirely averfe to fettle a certain falary upon the prefent governor and thofe which fhall fucceed him ; yet the faid lords conimifiioners judge it abfolutely neceifary that the affembly fliould fettle a ft:?:ed fakry of locol. ftcrling per annum, at leail, upon the governor, during the whole time of his government, it being abfolutely neceffary for your majefty's fervice that the independency of the governor upon the affembly faould be pre- ferved : x\nd that as to the complaint againft the governor for removing the affem- bly from BolKon to Salem, his majeft)'' in council, upon a former complaint of this nature againft colonel Shute, had determined that point in favour of the governor, •and therefore the lords commiflioners were of opinion the prefent governor had acled in this matter agreeable to that determination. The lords of the committee hereupon beg leave to acquaint your majefty that, notwithftariding the faid lords commiffioners for trade had fully heard all the rea- fons that w^ere offered in behalf of the faid affembly, yet the agents of the faid affembly petitioned this committee ,the 19th inftant, praying that they might be admitted to be heard before their lordfliips, who thought it proper to know upon ^vhat terms they would infift, that your majefty's attorney and folicitor general might be prepared to anfwer the fame, and they defiring to be heard upon the rea- foiis tliey had to offer why the faid affembly iliouid not fettle a fixed fafory upoa 1729.] MASSACHUSETTS. 325 The houfe received a letter at the fame time from their agents, who, it feems, had altered their opinions, and now intimated to the houfe that, notwithftanding the deter- mination or advice of the privy council, if was not likely the affair would ever be brought before the parliament. This letter the houfe ordered to be printed. The gover- nor in one of his melTages calls it '* an undeniable proof of their endeavours to keep the people in ignorance of the true ftate of their afl'airs." It feems to be preferring a prefent temporary convenience, in keeping up the fpirit of the people and diffufmg a favourable opinion of their reprefentatives, to the future real advantage of the caule ; for fuch a meafure mull weaken the hands of the agents in England and tend to bring the matter before the parlia- ment, when otherwife it might have been avoided. The governor having held feveral feffions at Sa- lem without any fuccefs, he adjourned the court, to meet the 21 ft of Auguft at Cambridge. This widened the his tnajelly's wovcroor of that Province rluring the whole time of +11-. o;ovrrnm?nt, their lordfliips appointed this diiy for hearing them thcrtu]von ; tJiey have acand- in^ly attended with their council, their lorddiips heard all that was offered oji their behalf agalnft ittilin^ fuch a fixed falary, and edfo heard Mr. attorney and folicitmr general in fupport of your majefty's faid inllru<5lions rtcommendiug it to them ; and do thereupon aojree liximbly to report to your majtily — That by the charter granted to Mafiachufetts tiie legiJlative power is veiled in a gov/:rnor, council and affembly, of whom the governor alone is nominated hy your majefty ; that the aflembly h chofcn annually by the people, and that the cotincil is Ukewiie chofen annually by the afTembly in conjimJcion with the members of the council ; that by the realbns infilled on by the council fur the affembly ia refuCng ro fettle a fixed falary, it appeared, ilie point contended for was to bring the governor appointed by your majefty over them into a dependence on their good will for his fubfillencc, which would manifeflly tend to a leiVening of his author- ity, and confequently, of that dependence which this colony ought to- have upon the crown of Great Britain, by bringing the whole legiflative jx^vvcr into the har.ds of the people. The power of ralfing taxes being by the charter granted to the general aflembly. It was from thence argued that they ought to be left at liberty for the doing or omitting it as they fhall think proper ; but the words of the chaj-Lcr ihew the intent of granting them this power to be, that they fiiould ufe it for the fervice of the crown, in the neceffary defence and fupport of your majcily's government of the faid Province, and the protedlion and prefervation of the inhabitants ; and that, therefore, the refufing or negleding to make due provlGon for the fupport of your tnajefly's governor, who is fo effential a part of the government, muft be looked upon as a<5ting contrary to the terms of the faid charter, and inconfiftt-nt with the trull repofed in them thereby. That, befides the inftnuftion given to the prefent governor by your majefty for this purpofc, inftrufitions have always been given" by your ra;ijffty's prcdeccflbrs to former governors to recommend to the aflem- bly the eftaiilifliing a falary fuitable to the- dignity of tiiat poft \ notwithftandin;^ which the aficmbly have hitherto refufed to comply therewith, although they « have 326 THE HISTORY OF [Chap. IIL the breach, and the houfe grew warmer in their votes and inefTages, and complained that they were to be compelled to meafures againft their judgment, by being harafled and drov^e from one part of the Province to another. The governor's friends obferved the elied: the eontrover- fy had upon his fpirits. In a few days he fell fick of a fever, and died at Bofton the 7th of September. Some attributed his illnefs to his taking cold, his carriage over- fetting upon the'caufev/ay at Cambridge, the tide being high and he falling into the water. The refentment which had been raifed ceafed, with people in general, upon his death. Many amiable parts of his character' revived in their minds. He had been fleady and inflexi- ble in his adherence to his inflruclions, but difcovered nothing of a grafping avaricious mind 5 it was the mode, more than the quantum, of his falary upon which he infifl- ed. The naval office had generally been a poll for fome relation or favourite of ihe governor, but colonel Tailer having been lieutenant governor, and in circumflances far frorri have t)y ac^ of afTeml'.Iy fettled a fixed falary or allowance of fix ftiillings a day on themfclves, and ten fhillings a day on the council. The prefent alTembly liave indeed offered your majeity's governor a falary equal to what was recom- mended, by your rnajefLy's inllrudlions for the time he has been with them, but it is apprehended this was done only to tempt him to give up your majefty's inftrudtions for fettling it for the whole time of his government. And here their lardihlps cannot, in juflice to Mr. Burnet, omit taking notice, that by his lieady purfuit of your majefty's infbrudllons and rejedling the tempitations offered by the affembiy, he has a<9;ed with the utmofl duty to your majefty and a jiift regard to the truft repofed in him as governor of that Province. Upon a dtie conuderatlon of all that has been offered on the part of the rt;ffembly in juftification of their refufmg to comply with your majefty's inftruc- tions, the lords of the committee cannot but agree in opinion with the lords commiffioners for trade and plantations, that it is abfolutely neceffary for your majefty's fervice, and for preferving that dependency which this colony ought to have upon Great Britain, and better fccuring a due execution of the laws for trade and navigation, that a falary of loccl. fterling per annum fhould be fettled upon the governor during the wh©le time of his government ; and confidering that the affembiy of the Province have faewn fo little regard to your majefty's inftruclions or to thofe of your royal prcdeceffors in this behalf, which the gover- nors from time to time have been direCled to lay before them, the lords of the committee do advife your majefty to lay the whole matter before the parliament of Great Britain. Her majefty this day took the faid report into confideration, and was plcafed, with the advice of his majefty's privy council, to approve thereof, and to order, as is hereby ordered, that one of his majefty's principal fccretaries of ftate fhould receive the pleafure of the crown thereupon. A true copy. Temple Sianyan, Majfachufttts general court records i729'] MASSACHUSETTS. 'y^j from affluent, he generoufly gave the poft to him, without any referve of the iifues or profits. The only inflance of his undue exa6ling money, by fome was thought to be palhated by the eitabhflied cultom of the government he had quitted. This did not juftify it. In his difpofal of pubhc offices, he gave the preference to fuch as were dif- pofed to favour his caufe, and difplaced fome for not fa- vouring it, and in fome inftances he w^ent further than good pohcy would allow. lie did not know the temper of the people of New England. They have a (Irong fcnfe of hberty, and are more eafily drawn than driven. He difobliged many of his friends by removing from his pod Mr. Lynde, a gentleman of the houfe, efleemed by botii fides for his integrity and other vakiable quahties, and he acknowledged that he could aflign no other reafon except that the gentleman had not voted for a compliance with the inilruclion. However, an immoral or unfair charafter was a bar to office, and he gave his negative to an eledion of a counfellor, in one inflance, upon that principle only. His fuperior talents and free and eafy manner of commu- nicating his fentiments made him the delight of men of fenfe and learning. His right of precedence in all com- panies facilitated the exercife of his natural dirpofuion to a great fliare in the converfation, and at the fame time * caufed it to appear more excufable.' His own account of his genius was, that it was late before it budded, and that, until he was near twenty years of age, his father defpaired of hir ever making any figure in life. This, perhaps, might proceed from the exact fevere dilcipline of the bifhop's family, not calculated for every temper alike, and might damp and difcourage his. To long and fre- quent religious fervices at home in his youth, he would fometimes pleafantly attribute his indifpofition to a very fcrupulous exact attendance upon public worfhip ; bur. this might really be owing to an abhorrence of oflentation and mere formality in religion, to avoid which, as moft of the grave ferious people of the Province thought, he approached too near the other extreme. A little more caution and conformity to the different ages, manners^ cufloms and even prejudices of dilTerent companies, would have 3^8 THE HISTORY OF [Chap. IIL have been more politic, but his open undifguifed mind Gould not fubmit to it. Being afKed to dine with an old charter fenator who^ retained the cullom of faying grace fitting, the grave gentleman defired to know which would be more agreeable to his excellency, that grace fliould be faid (landing or fitting ; the governor replied, fcanding or fitting, any way or no way, juft as you pleafe. He fome- times wore a cloth coat lined w^ith velvet. It was faid to be expreffive of his charader. He was a firm believer of the truth of revealed religion, but a bigot to no partic- ular profeffion among Chriftians, and laid Uttle ftrefs upon modes and forms. By a claufe in his lad will he ordered his body to be buried, if he died at New York, by his wife ; if in any other part of the world, in the near eft church-yard or burying ground, all places being alike to God's all-feeing eye. The aifembly ordered a very honourable funeral at the public charge. A motion at another time was made in the houfe for a grant to a governor to bear the expenfe of his lady's funeral ; a dry old reprefentative objeded to a grant for a governor's lady, had the motion been for a grant to bury the governor, he fliould have thought the money well laid out. Mr. Dummer re-alTumed the adminiftration. He did not intend to enter into the controverfy about the falary ; no advantage could arife from it, no new arguments could be ufed, the king's inftruftions were to be his rule, and he would not depart from them by accepting any grant as lieutenant governor ; but the affair having been under confideration before his majefty in council and further proceedings expected, he would wait for further intelli- gence and diredions. « The houfe were not wilhng to ad- mit that the inftrudion had any refpect to the falary of a lieutenant governor ; but if it had, they had given fuffi- cient reafons againfl it, and were determined to come into no ad; for fixing a falary. Having continued the fefTion at Cambridge until the 26th of September, he ordered an adjournment to the 29th of November, at Bofton, which was a further indication that he did not intend to prefs the inftrudion j however, at their firft coming together, he 1729.] MASSACHUSETTS. 3-9 he recommended to them a compliance with it, and upon their afluring him by a meflage, that, although they could not fettle a falary, yet they were ready to give him an ample and honourable fupport, he defired them to lofe no time about it, for he would accept of no lupport unlefs it (hould be exactly conformable to his majefty's inftruCtion. The houfe, notwithftanding, made a grant of 750I. to en- able him to manage the affairs of government. The council concurred with an amendment, addinf^ ' for the half year current,' but this being fixing a falary for half a year, the houfe rcfufed it. Upon the news of Mr. Burnet's death, Mr. Belcher applied with all his powers to obtain the commiffion for the government. Governor Shute might ha7e returned, but he declined it, and generoully gave his interefl to Mr. Belcher, who, fourteen years before, had given 50CI. fterling, which was never repaid, to facilitate colonel Shute's appointment. The controverfy which it was fup- pofed a governor muft be engaged in caufcd fewer com- petitors, and the miniftry were the more concerned to find a proper perfon. Lord Townfiiend alked Mr. Wilks, who had much of his confidence, whether he thought Mr. Belcher would be able to inrluence the people to a compliance with the king's inflructions ; he replied that he thought no man more likely. Their choofing him agent was a m.ark of their confidence in him, but it leemed natural to expect that they would be under fironger prej- udices againft him than againfl: a perfon who had never engaged in their favour. Mr. Belcher's appointment oc- cafioned the removal of Mr. Dummer from the place of lieutenant governor. A young gentleman, rvith whofe family Pvlr. Wilks was connected, (Mr. Thc^mron) Mr. Belcher had engaged to provide for, and he had no pofl in his gift worth accepting befides the naval office. To make a vacancy there, colonel Tailcr was appointed lieu- tenant governor. The pleafure, if there was any, in fu- perfeding Mr. Dummer, who had fuperfeded him before, could be no equivalent for the difference between a pofh of naked honour, and a pofl of profit which gave him a comibrtV:)le living. Mr. Dummer 's adminiftration has YoL, II. X been 33a THE HISTORY OF [Chap. Tit been juilly well fpoken of. His general aim was to do public fervice. He was compelled to fome compliances which appeared to him the lead of two evils. It leffened him in Mr. Burnetts efteem, who thought he Ihould have fliewn more fortitude ; but he retired with honour, and after fome years was eleded into the council, where, from refpeft to his former commiirion, he took the place of prefident j but being thought too favourable to the pre- rogative, after two or three years he was left out. He feemed to lay this flight more to heart than the lofs of his commilTion, and aimed at nothing more, the reft of his lifjs, than otitwi cum digniiaie^ felecting for his friends and acquaintance men of fenfe, virtue and rehgion, and enjoy- ed in W^Q for many years, that fame which, for infinitely wife reafons, the great Creator has implanted in every renerous breaft a defire of, even after death. Colonel Tailer's commiffion was received and publifhed before Mr. Belcher's arrival, and it gave him an opportu- nity of doing a generous thing for Mr. Dummer. A vote had palfed the two houfes granting him 900I. which, from a regard to his inftrudions, he had not figned, nor had he exprefsly refufed it, and the court having been ad- journed only, not prorogued, the next meeting was con- fidered as the fame feffion, and colonel Tailer ventured to fign it, not being a grant to himfelf and not againft the letter of his inftrudions, and it was really faving money to Mr. Dummer ; the grant being intended for fervices to come as well as paft, would not have been renewed, or in part oiJy. CHAP. 4-730.] MASSACHUSETTS. 33 CHAP. IV. From the arrival of governor Belcher^ in 1730, to the rei?n- burfemeni of the charge of the expedition aguinjl Cape Bre^ tony and the abolition of paper money, in 1749. J\1r. Belcher arrived the beginning of Augufl in the Blandford man-of-war, captain Prothero. We approach fo near to the prefent day, that for this reafon, as well as thofe I have mentioned in my preface, I fliall give a more general account of affairs. No governor had been received wiih a iOiew of greater joy. Both parties fuppofed'they had an intereit in him. For men to alter their principles and pradice according to their wintered, was no new thing. A flvetch of Mr. Belcher's life and character v/ill in Ibme meaiure account for his obtaining the government, for the principal events in his adminiflration, and for the lofs of his commifiion. Being the only fon of a wealthy father, he had high views from the beginning of life. After an academical education in his own country, he travelled to Europe, was twice at Hanover, and v/as i.itroduced to the courti there, at the time when the princefs Sophia was the pre- fumptive heirefs to the Britlih crown. The novelty of a Britlih American, added to the gracefulnefs of his perfon, caufed difliinguifhing notice to be taken of him, which tended to increafe that alpirhig turn of mind which was very natural to him. Some years after, he made another voyage to England, beings then engaged in mercantile affairs, which, after his return home, proved in the gen- eral courfe of them rather unfuccefsful, and feem to have fuppreffed or abated the ruHng pafilon ; but being choTcn agent for the houfe of reprefentat--, is, it revived and was gratified to the utmoft, by his appointment to the gov- ernment of Maffachufetts and Nev; Hanipfliirc, and dil- covered itfelf in every part of his adminiflration. Before he was governor, except in one inflance, he had always been a favourer of the prerogative, and afterwards he X 2 .did 33^ THE HISTORY OF [Chap. IV. did not fail of ading up to his principles. A man of high principles cannot be too jealous of himfelf, upon a fuddeii advancement to a place of power. The council never enjoyed, lefs freedom than in his time. He propofed matters for the fake of their famSlion rather than advicey rarely failifig of a majority to approve of his fentiments. He lived elegantly in his family, was hofpitable, made great fhew in drefs, equipage, &g. and although by the depreciation of the currency he was curtailed of his falary, yet he difdained any unwarrantable or mean ways of ob- taining money to fupply his expenfes. By great freedom in converfation and an unreferved eenfure of perfons whofe principles or condu£b he difapproved, he made himfelf many enemies. In a private perfon, this may often pafs with Htile notice, but from a governor it is , very hardly forgot, and fome never ceafed purfuing re- venge until they law him difplaced. The general court met the 9th of September.* The people v/aited with impatience the governor's firft fpeech. Many flattered themfelves^ that the inflrudion for a fixed falary was withdrawn ; others that, if it was continued, he would treat it rather as Dudley and Shute had done than as his immediate predecefTor ; others who did not expect a relaxation were, from curiofity, wifhing to know how he would acquit himfelf with the people, who fent him to England to oppofe the inftrudion. After pre- mifing, that the honour of the crown and inter eft of Great Britain are very compatible with the privileges and libenies of the plantations, he tells the two houfes that he had it in command from his royal mafter to compiuni- cate to them his 27th inftruclion, refpeding the govern- or's fupport ; that whilft he was in England he did every thing confiftent with reafon and jufticc for preferving and lengthening out the peace and welfare of the Province ; that they were no ftrangers to the fteps taken by his maj- efty with refpe(3: to the unhappy difpute between the late governor and them, and he hoped, after fuch a ftruggle, they would think it for the true intereft of the Province to Jf.i l; ;i.^.\ might be perfedly acceptable j that nothing prevented "* At Cambridge, the fmall-pox being in Bofton, J730.J MASSACHUSETTS. 2>33 prevented this controverfy^ and feveral other matters of dangerous confcquence, being laid before the parlia- ment, but his majefty's great lenity and goodnefs, v/hich incHned him to give them one opportunity "more of paying a due regard to what in his royal wifdom he thinks fo jufl and reafonable. Had he flopped here, perhaps, Icfs could not have been expeded from him ; but he unfortunately at- tempted to fhew the finiilitude between the cafe of Cato fhut up inUtica,andMafrachufetts under the reftraint of the roy- al inflrudlion ; commended the wifdom of Cato in making fo brave a (land for the liberties of his country, but con- demned his putting an end to his Hfe, when affairs became defperate, rather than fubmit to a power he could no longer refill ; which inftance he brought as fome illuftra- tion of the late controverfv, thouo^h he would not allow it to run parallel, Ca^far being a tyrant, and the king the protedor of the hberties of his fubjects. It was faid, upon this occafion, that the governor muft allow that the Malliichufetts aifembly had done vvifely hitherto in defending their liberties, for otherwife he had brought an inftance of a cafe in no one refpe<^ fimilar to theirs ; and if they had done fo, it was becaufe the iii- ftrudion was a mere exertion of power, and then the par- allel would run farther than he was willing to allow. The inftrudion v/as conceived in much ftronger terms than that to governor Burnet, and it is declared that in cafe the affembly refufes to conform to it, " his majefry will hnd himfelf under a neceflity of laying the undutiful behaviour of the Province before the legifiature of Great Britain, not only in this Tingle inftance, but in many oth- ers of the fame nature and tendency, whereby it manifeft- !y appears that this aftemblv, for fome years laft paft, have attempted by unwarrantable practices to weaken if not caft off the obedience they owe to the crown, and the de- pendence which all colonies ought to have on their moth- er country." And in the clofe of the inftrucfion his maj- efty expeds, " that they do forthwith comply with this propofal as the laft fignification of our royal pleafure to them upon this fubjed, and if the faid affembly fliall not think fit to comply therewith, it is our will and pleafure, and 334 THE HISTORY OF [Chap. IV. and you are required immediately to come over to this kingdom of Great Britain, in order to give us an exad account of all that {hall have paffed upon this fubjeO:, that we may lay the fame before our parliament." The houfe proceeded jull as they had done with gover- nor Burnet. They made a grant to Mr. Belcher of loooL currency for defraying the expenfe of his voyage to New England, and as a gratuity for fervices while in England ;* and fome time after they voted him a fum equal to a thoufand pounds fterling^ to enable him to manage the public affairs, &c. but would fix no time. The council concurred it with an amendment, viz. " and that the fame fum be annually allowed for the governor's fupport." This, without a fund for the payment of it, was doing little more than the houfe had repeatedly done by their declarations, that they doubted not future afferablies would make the Hke honourable piovifion for the gover- nor's fupport, according to the ability of the Province ; the amendment, notwithftanding, was not agreed to, and the houfe adhered to their own vote. This produced a fecond amendm.ent, viz. " that the fame fum Ihould be annually paid during his excellency's continuance in the government and refidence here ;" but this alfo was non- concurred. The tv/o houfes then conferred upon the fubje^L,! the governor being prefent,| and before they parted * Five hundred pounds was alfo granted to the governor for his fervices in England, as agent for the houfe of reprefentatives, and the fum of 1503L i/l, which had been advanced by merchants in Bofton and others and fupplied the agents, was alfo granted to be paid out ©f the public treafury, and to the feveral perfons refpe6lively. The honour of the governor who had fpent the money, as Well as that of the houfe, was concerned. The council, although in general the fam.e perfons who had refufed to conent to any grant of money for the ufe of an agent in the choice of whom they had no ihare, were prevailed upon by the gover- nor and the influence of a great number of the principal merchants of Eollon wh» had advanced the money, to confent to a gi'ant for the re-payment of it. The houfe expelling the like difficulty might arife upon a like occafion in future time, took this favourable opportunity of pafling a vote for the taking the fum of five hundred pounds Ilerling out of the Province treafury, and depofiting it in the bank of England for the ufe of the houfe. To this vote the council gave their concurrence and the governor his confent. H,e repented of it afterwards, when he found the agent employed by the houfe and fupported with this money was the principal pro- moter of the complaints againfl: him which caufed his removal from the gov- ernment. " - f This was a matter of money which the houfe fometimes refufe to confer upon, hut they have been unfteady in this refped:. \ It is unufual for governors to be prefent at a conference between the two houfes. "Mj. Shirley being defirous of acc^uainting hinnfelf with the aro liracuts on both fides 1730.] MASSACHUSETTS. 335 parted he made a long fpeech, expreiTing the great pleaf- ure the council had given him in the part they had taken, and his concern and furprife at the condu6l of the houfe, in running the rifk of the confequences of their refufal to comply with the inflruclion ; reminded them of the vaft expenfe which their former unfucccfsful difputes with their governors had occafioned to the Prov- ince, but ufed no arguments to convince them of the reafonablenefs of the demand and its compatibility with their rights and privileges. The fmall-pox being in the town of Cambridge, where the court fat, the houfe defired to rife, but the governor let them know he would meet them in any other town, and the fame day ordered an adjournment to Roxbury, where a bill paffed both houfes for the fupport of the gov- ernor, but not coming up to the inflrudion, the gover- nor could not confent to it. The country party in the houfe, as much a foleclfin as it is, were the moll zealous for the prerogative, and, except a few prerogative men who were always willing to fix the falary, none went fo great a length at this time towards fixing it as thofe who oppofed any one ftep towards it, under Mr. Burnet. The people in general were well pleafed with the gov- ernor. It is not improbable that he would have obtained the fettlement of a falary during his adminiftration, if it had not been in effecl a fettlement for his fucceffors alfo, for fuch a orecedent could not eafilv have been refilled. The two parties which had long fubfifted in the govern- ment were vying, each with the other, in m.eafures for an expedient or accommodation. The prerogative men were Mr. Belcher's old friends, who were pretty well fatisfied that his going over to the other fide was not from any real affedion to the caufe, and that he mud, fooncr or later, differ with thofe who adhered to it, and for this event they waited patiently. The other party, by whofe intered jn fome affair in controverfy between the two houfes, intimated to the council h's inclination to be prefent. When the houfe came up, the fpcaker, Mr. Cufhing, fee- ing the governor in the cliair, ft.irtcd back, and remaining at the door of the couiKil chamber, exprtiTed his furprife at feeing his excellency in the chair, the conference being intended between the two houfc-s only ; but if his excellency intended to reniaiq in the chair only to hear the argunicn's, he imagined the houfe would have no ob- jection to conferring in his prcfencc. This the governor confcnted to, declaiirj he ■77©ald not iiucrfcre. 335 THE HISTORY OF [Chap. IV, intereft he had been fent to England, adhered to him, expeding their reward. Accordingly, Mr. Cooke was foon appointed a juftice of the common pleas for the coun- ty of Suffolk. To make way for him and another favour^ ite, colonel Byfie|d, to whom Mr. Belcher was allied, two gentlemen, colonel Hutchinfon and colonel Dudley, were difplaced. They were both in principle fleady friends to government, and the firfl of them was a fall friend to the governor, Mr. Belcher would not have been able to advance fo many of his friends as he did, if he had not perfuaded the council that, upon the appoint- ment of a new governor, it was neceffary to renew all civil commiffions. Having obtained this point he took the moll convenient time to fettle the feveral counties. Be- fore he fettled the county of York, he recommended to the judges a perfon for clerk of the court. This officer the Province law empowers the judges to appoint. Some of them fent their excufe, being well fatisfied with the clerk they had, who was a faithful, well-approved officer ; but the governor let the judges know, if he could not ap- point a clerk he could a judge, and accordingly removed thofe who were not for his purpofe and appointed others in their (lead. * There was an inconfiftency in delaying appointments, with the principles he advanced. If new commiffions were neceffary, they were neceffary immedi- ately, and they might as well be delayed feven years as «"^-+ " Two * It was faid that when Mr. Belcher, fome years after, was ordered by the king to remove hisfon-ln-Iaw, Mr. Lyde,from the naval office, the power of appointment to which ofhce is, by a6l of parliament, given to the governor, he was advifed to 'make an excufe, Mr. Lyde being an officer who gave general fatisfadion ; but Mr. Belcher replied, that although the king could not make a naval officer, yet he could make a governor, and he v/as forced to give up his fon-in-law. Ncc lex ejl pijllor ulla. Tills was the firft inftance of an appointment made by the crown immediately to this office, and, I t^nnk, to any office in the Province, the nomination to which is by the charter and royal cpmmiiffion left to the judgment and difcretion cf the governor. f The commlfilons to civil officers being in the king's name and tefled by the governor, the renewal of fueh commiffions upon the appointment of a governor has not been praelifed fmce 'Mr. Belcher's time. It was propofed in council by his fucceflbr ; but Mr. Read, a very eminent lawyer, and, which is more, a perfon of great integrity and firmnefs of mind, being then a member of the council, brought fuch arguments againfl: the pravflice that the majority of the board refufed to confent to it. Befides this general new appointment, Mr. Belcher, in the courfe of his admini^ration, made more frequent removal* of pcrfens from office 1731.] MASSACHUSETTS. 337 - Two or three feflions palled, when little more was done, on the governor's part, than repeating iiis demand for a fixed falary, and intimating that he fliould be obliged to go to England and render an account of their beha- viour to the king. The major part of the honfe were very defirous of giving fatisfadlon to the governor and to their conflituents both, but that could not be. I\'Jr, Cooke's friends in the town of Bofton began to be jealou.^ of him. A bill was prepared, which lets forth in the pro- amble, that fettling a falary would deprive the people of their rights as Englifhmen. In the purview, after grant- ing 3400I. which was about equal to loool. {i:erling, it is further ena^ed, that as his majedy had been gracioully pleafed to appoint J. B. efquire, to be the governor, who was a native of the country, whole fortune was here, who, when a member of the council, as well as when in a pri- vate ftation, has always confulted the true intereit of his country as well as the honour and dignity of the crown ; therefore, it is mofl folemnly promifed and engaged to his mod excellent majefty, that there Ihall be granted the like fum for the like purpofe at the beginning of the M- fions in May every year during the governor's continuance in the adminiflration and refidence within the Province, provided this act fliall not be pleaded as a precedent, or binding on any future aircmbly for fixing a falary on any fucceeding governor. The bill is in Mr. Cooke's hand- writing, and it is minuted at the bottom that the governor approved of it. The governor could not imagine fo eva- five a thing could be approved in England. He might hope to improve it as being a farther advance than had been before than any governor before or fnice. .This was owiii^^ to the pufillanlmity of the council. No appointment can be made v/ithcut their advice. The v^overnor, it is true, can refufe his confent eveiy year to their eleclion, but the emolument.-; of a Maffachufetts counfcUor arc very Huall, and caii caufc no great temptation to facrilice virtue. It is faid that one of the judges of the fuperior court, expeiSiing^ to be removed, in the latter part of IVIr. Belcher's adminiltration, applied by a friend in England to lord chief jullice Willes, who fignifiel his rcfoluiion that it any judge fliould be removed, without good reafon afligncd, he would himfclf complain to his majefty againfl the governor. The freedom and independence of the judges of England is always enumerated among tlie excellencies of the con- ftitution. The Malfachufetts judges are far from independent. In Mr. Belcher's adminiftration they were peculiarly dependent upon the governor. Before and fmce they have been dependent upon the affembly for their falary, grunted annu- ally, which fometimcs has been delayed, fom. times diminilhcd, and rai'ely cfcapc* kcing a fubjc6t •£ Ucbatc and altercation. 33S THE HISTORY OF [Chap. IV. before made, and, by ufmg this argument, that it would be much more rational for the houfe to do what they now had fully in their power to do, than to make a folemn prom- ik that another houfe fhould do the fame thing, the per- formance of which promife they would not have in their own pov/er. The fcheme failed, the bill did not pafs, and from that time Mr. Belcher, defpairing of carrying his point, turned his thought to obtaining a relaxation of his inftrudion. Indead of applying himfelf, he advifed to an addrefs from the houfe, not for the withdraw of the inr ftruction, but that the governor might have leave to re- ceive the fum granted. This was allowed, but it was to be underitood that he was to infill upon a compliance with his inftruclion as much as ever. Leave for confent to particular grants was obtained two or three years, and at len^nh a p-eneral order of leave to receive fuch fums as fhould be granted. This was the iffue of the controverfy about a fixed falary. Until Mr. Belcher*s arrival, Mr. Cooke had differed from mod who, from time to time, have been recorded in hiftory for popular men. Gener- ally, to preferve the favour of the people, they mufl change with the popular air, and when we (urvey a courfe of ac- tion it will not appear altogether confident. He had the art of keeping the people fleady in the applaufe of his meafures. To be careful never to depart from the ap- pearance of maintaining or enlarging rights, liberties and privileges was all he found neceifary. As foon as he was defedive in this refped, and tried to fecure his intereft both vnth the' governor and town of Bofton, he had like to have loft both. In the eledion of reprefentatives for Bofton, in 1733 or 1734, the governor's party appeared againft him ; he had loft many of the other party by w^hat they called too great a compliance, and he had a majority, after feveral trials, of one or two votes only in fix or feven hundred. The difpute about the manner of iiTaing money out of the treafury v/as fettled unfavourably for the houfe. The charter provides, that all money fhall be iffaed by warrant from the governor v;ith advice and confent of the council. Until the year 1720 the money was brought into the treaf- ury, iy^2.'] MASSACHUSETTS. 33^ ury, by a vote or a6t originating in the houfe, and dcflined to certain purpofes,and drawn out for thofe purpofcs by war- rant from the governor w^th advice, ^:c. but after that, the houfe not only deftined the money, when put into the treafu- ry,but provided that none of it, except fome trifling fums for exprefles and the like, fhould be iffued without a vote of the whole court for payment. After fuch a vote they were will- ing the governor fhould give his warrant. This appeared iu the king to render his governor contemptible, and entire- ly to defeat the provifion in the chartev, and there was no profpedt of any relaxation of the inflrudion to the gov- ernor. When the fervants of the government had fuf- fered a long time for want of their money, the houfe pafT- ed a bill which fupplied the treafury in a way not mate- rially differing from what had been in practice before 1720. Mr. Belcher had another inflruction not to confent to the ifluing any bills of credit for a longer term than thofe were to remain current which had before been ifiued, none of which extended beyond the year 1741. It would have been but a fmall burden upon the inhabitants to have paid the charges of every year and the debt which lay upon fuch year befides, but, inftead of that v/ife meaf- ure, they fuffered one year after another to pafs with light taxes, and laid heavy burdens upon diftant years ; and the lafl year, 1741, had more laid upon it than any four or five preceding years ; and although even this was far fhort of what has been paid in fome fucceeding years, yet it was deemed an infupportable burden, and it was gene- rally fuppofed the promifes made by the acls of govern- ment to draw in the bills in that year would by fome means or other be evaded or openly violated. Mr. Bel- cher feemed determined to adhere to his initrudion, and there was an expe^lation of fome great convulfion, which was prevented by his being fuperfeded before that period arrived. The proje^: we have taken notice of, for fettling the eaitern country, captain Coram purfued until he pro- cured an order or inflru6.ion to colonel Phillips, the gov- ernor of Nova Scotia, in 1730, to take poiiefiion of the land between St. Croix and Kennebeck, and thirty men with 34© THE HISTORY OF [Chap. IV. with an officer were fent to the fort ?1 Pemaquid, built by Mafiachufetts. Colouel Dunbar, a gentleman out of em- ploy, came over about the fame time, took the command of the fort, and alTumed the government of that part of the Province, Mr. Belcher was appKed to by the propri- etors of the lands there, and the houfe of reprefentatives aflerted the right of the Province. The governor with advice of council jHued a proclamation, requiring the in^ habitants to remain in their obedience and due fubjedion to the laws and government of the Province. This feems to have been all that in prudence he could do. Some were for taking further meafures to. remove Dunbar, which, as he had a royal commiffion, however liable to exceptions, Mr. Belcher thought by no means warranta- ble. The minds of the people were inflamed, and when Dunbar came up to Boilon he perfiiled in his claim to the country, which, with reports of fohie not very decent ex- preflions of the governor, raifed the refentment of many. Perfcns of ill defign, perhaps, might have been able to have caufcd a tumult. The lands indeed were claimed by a few particular perfons, but it v/as fpread abroad that when this country Ihould be detached from the red of the Province, the fupplies of fuel to the fea-port towns would ceafe, or be burdened with heavy duties, and the poor opprelTed. It happened that Mr, Samuel Waldo, a gentleman of good capacity and who would not eafily relinquiili his right, undertook for the proprietors of the principal tra6t of the country claimed, and upon reprefentation to his majefly in council, the or- der to Phillips and the authority to Dunbar were revoked in i732, their trading flock from the horfe.-, flieep, lumber, fifh, &c. of the MalTachufetts inhabitants. The merchants of Bofton therefore confederated and mutually promifed and engaged not to receive any bills of this new emillion ; bur, to provide a currency, a large number formed themfelves into a company, entered into covenants, chofe diredors, &c. and ilTued i io,cocl. redeemable in ten years, in filvcr at 10/i per oz. the then current rate, or gold in proportion, a tenth part annually. About the fame tim.e the MalTa- chufetts treafury, which had been long fhut, was opened, and the debts of two or three years were all paid at on-v? time in bills of credit ; to this was added the ordinary emillions of bills from New Hampfhire and Conneclicut ; and fome of the Bofton merchants, tempted by an oppor- tunity of felling their EngliHi goods, having broke through their engagements and received the Rhode liland bills, all the reft foon fallowed the example. All thefe emilTions made a flood of money, filver rofe from ig^C to zyf. the oz. and exchange with all other countries confequently rofe alio, and every creditor was defrauded of about one third of his juft dues. As foon as filver rofe to 27/'. the notes ilTued by the merchants payable at igf. were hoarded up, and no longer anfwered the purpofes of money. Although the currency was leftened by taking away the notes, yet 342 tHE HISTORY OF [Chap. IV. what remained never increafed in value, filver continuing feveral years about the fame rate, until it took another large jump. Thus Very great injuftice was caufed by this wretched paper currency, and no relief of any fort obtain- ed ; for by this finking in value, though the nominal fum was higher than it had ever been before, yet the currency would produce no more (lerling money than it would have done before the late emiiiions were made.* In 1 737, a controverfy which had long fubfifted betweeri the two governments of MaiTachufetts and New Hamp- fliire was heard by commillioners for that purpofe ap- pointed by the crov/n. Various attempts had been, been made to fettle this difpute, and it had been often recommended by the crown to the affemblies of the two Pfovinces to agree upon arbitrators from neighbouring governments, and to pafs acls v;hich fliould bind each Province to be fubjc^^ to their determinations. Several fuch ads paued, but they were not exadly conformable one to tlie other, or the operation of them was by fome means or other obftruded. MaiTachufetts refufed terms which afterwards they would gladly have accepted. They have done the like in other controverfies. Long poUef- fion caufed them to be loth to concede any part of the territory. New Hampfnire took its name from the grants made by the council of Plymouth to captain John Mafon. Of thefe there had been four or five, all containing more or lefs of the fame lands. Exceptions were taken to all of them, and that which was the leafl: imperfed was dated after the grant of Maflachufetts, fo that the Vv^hole contro- verfy turned upon the conftrudion of the MaiTachufetts charters. The firfl charter made the northern boundary to be three miles to the northward of Merrimack river, or to the northward of any and every part thereof. After running weflward about thirty miles from the fea, the river alters its courfe, and tends to the north, or, to fpeak with more propriety, having run from its crotch or the meeting of PemigewafTet river and Winnepifliauke pond to * William Taikr, efquire, the lieutenant governor, dying in I732,in 1733 Spen-v eer Phips, efquire, nephew by the fitter and adopted fon to Sir William Phips, fuc- ceeded. Mr. Belcher nfed his intereft for Adam Wlnthrop, effjuire. Both Winthrop and Phips ha.d been leveral years oiembers of the cowncil. T7J7-1 MASSACHUSETTS. 34^ to the fouthward about fifty miles, it then tends to the eaftward about thirty miles, until it empties into the iea. It was urged by the advocates for Mailiichufctts colony that their boundary was to be three miles to the north- ward of the northernmod part of the river, and to extend eafl: and weft from the Atlantic to the South Sea. This fwallowed up all New Hampfiiire and the greateft part of the Province of Maine. At a hearing before the king m council in 1677, the agents for MaHTachufetts, by advice, difclaimed all right of jurifdiclion beyond the three miles north of the river according to the coiirfe, and it W2s de- termined they had a right as far as the river extended, but how far the river did extend was not then cxpreTsly mentioned. It feems however not to have been doubted ^ for although at the time of the grant of the firll charter it does not appear that the courfe v/as knov/n any great diitance from the fea, yet, foon after the government was transferred from Old ICngland to New, it was as well known by the name of Merrimack as *ar as Penicook a;> it is at this day, and the tribe of Indians which dwelt there had a correfpondence with the Englifli ; and in 1639, perfons were employed by the government of Maflachu- fetts to explore that part of the country, and there are flill preferved the tePiimonies of divers perfons, declaring that they before that time alv/ays underllood the river ta be called by the fame name, from the crotch to the mouth. If the firft charter cf Maflachufetts had continued, it is not probable any different conftruclion would ever have been ilarted ; but in the new charter the boundary is- thus expreffed, " extending from the great river, com- monly called Monomack, alias Merrimack, on the north part and from three miles northward of the faid river, to the Atlantic or Weftern Sea or ocean on the fouth part, &c." The whole, however, of the old colony being in- cluded in the new Province, many years pafied without any thought of a different conftruclion of bounds in the two charters, and the difputes between Ncvvt Hampfliire and Maffachufetts, have been principally concerning the towns of SaHft)ury and Haverhill, which, when firft granted by Maffachufetts, were made to extend more than three 144 "I'^-^S HISTORY OP [Chap. IV, three miles from the river, and the part beyond the three miles remained under the jurifdidion by which they had been granted, which New HampHiire complained of. A new line, to begin three miles north of the mouth of Mernmack and fo run well to the South Sea, is a modern conil:ru£lion. Some hints had been given of fuch a line, before or about. the year 1726^ and it was fuppofed by New Hampfhire that MafTachufetts were induced thereby to make grants of townOiips betv/een Merrimack and Connedicut river, ' in order to Ilrengthen their title by pofTeiTion. Still there was a profpecl of accommodation, and, in the year 1 73 1 ,the committees from the aiTemblies of thetwoProvinces differed only upon the point of equivalents, the Maifachufetts defir- ing toretain under th^'fr jurifdidion the whole of thofe towns which lay upon tne river, and to give other lands as an , equivalent for the property ; but about the fame time the gentlemen of New Hampfhire, who had for m.any years before been at the helm, thhiking, and perhaps jultly, that they were not well treated by Mr. Belcher, determin- ed to exert themfelves to obtain a governor for that Prov- ince, and to remain no Jonger under the fame governor with MaiTachufetts. They had but little chance for this unlefs they could enlarge their bounds. The very pro- pofal of a diilind government, as it increafed the number of onicers of the crown, they thought would be a favour- able circumilance in fettling the controverfy with Maffa- chufetts. The houfe of reprefentatives of New Hampfhire, Od. 7, 3731, by a vote appointed John Rindge, efquire, a mer- chant there, who was bound to England, their agent to fohcit the fettlement of the boundaries. But their main dependence was upon Mr. Thomlinfon, a gentleman who had been in New Hampihire, and was then a merchant of note in London, and perhaps was as capable of conduc- ing their caufe as any perfon they could have pitched upon. He had the friendfliip of colonel Bladen, who at that day had great weight in the board of trade, and had conceived very unfavourable fentiments of Maifachufetts in general, and did not like Mr. Belcher the governor. He cmoloved a folicitor, Ferdinando Paris, one of the ^ ' firft t737-!] MASSACHUSETTS. 345 firft rate, and who had a peculiar talent at flurring the characters of his antagonifts. Many of his briefs which I have [Qen abound in this way. The firfl ilep in confe- quence of Mr. Rindge's petition was a queftion fent by the lords of trade to the attorney and folicitor general for their opinion, " From what part of Merrimack river the three miles from whence the dividing line between the Province of New Hampfliire and the Province of MafTa- chufetts is to begin, ought to be taken according to the intent of the charter of William and Mary." This was Ja plain intiirKition, that if the point where to begin could be fettled, nothing more was necelfary, the wefl Une daimed by New Hampfhire was to follow of courfe. i The Maifachuletts agent (Mr. Wilks) by his council would fay nothing upon the queilion, becaufe it would not de- termine the matters in difpute. Report was made, how- ever, that it ought to begin three miles iiorth of the mouth of Merrimack river. It was then propofed that commif- fioners fhould be appointed to fettle this controverfy. This the Malfachufctts people were averfe to, Unlefs they knew who they were to be. They were at the fame time afraid of its being determined in England, ex parte, if they fliould refufe to confent= A committee of the general court reported, that the agent fhould be inflru6:ed that the Province would agree to commiilioners to be appoint- ed, to fettle the controverfy, here. This report was ac- cepted, the houfe intending the commlffioners fliould be agreed upon by the two governments, fome of the com- iiiittee intending the agent fhould underftand his inflruc- tions, to conferit to the appointment of commiilioners provided they fat here or in one of the two governments. A comma after the word appointed, and after the word controverfy , "^ould give the fenfe of the houfe, the lad comma left but it might be taken in the fenfe of the com- mittee ; but as it Is mod probable the letter had no regu- lar pointing, their meaning was to be guelTed at. This was treating the agent ill, and he was cenfured by the houfe for not obferving his inftruftions. I have heard this account of the affair from fome of the committee, who excufed theraielves for this equivocal report as being Vol, II, Y neceflary 346 THE fllSTORY OF . [Chap.. IIT.. necelTary for the public fervice, the houfe not being will-* ing to confent to an explicit fubmiffion. It was made a condition of the fubmiffion that private property fhould not be affected. The miniftry in later inilances have not waited for an exprefs fubmiffion, but have appointed com- miflioners upon application from one party only. The commiffioners were all fuch as the New Hampfhire. agent propofed, five counfellors from each of the govern- ments of New York,- Rhode Ifland and Nova Scotia. With the two former governments, Maifachufetts were then in controverfy about hnes. The letter, it was faid,, was difafFecled to charter government. Connedicut, pro- pofed by Maifachufetts, was rejeded becaufe of a bias- from their trade, religion, &c. which New Hampfhire \^as afraid of. The place for the meeting of commiffion- ers was Hampton in New Hampfhire, the firfl of Auguft. The commiffioners from Nova Scotia^ with fome of Rhode liland, met at the time appointed, and were after- wards joined by Mr. Livingftone from New York, who prefided. After many weeks fpent in hearing the parties and examining their evidence, the only doubt in the com- miffioners' minds was, whether the Maifachufetts new charter comprehended the whole of the old colony. Not being able to fatisfy themfelves, and perhaps not being unwilling to avoid the determination, they agreed to make a fpecial judgment or decree, the fubftance of which was, that if the charter of William and Mary grants to Maifachufetts all the lands granted by the charter of Charles I. they then adjudge a curve hne to begin three miles north of the mouth of the river, and to keep the jfame diflance from the river as far as the crotch or part- ing at Pemigewaffet and Winnepiffiaukee, and then to rua weft towards the South Sea until it meets with his majef- ty's other governments ; but if the charter of Wilham and Mary did not contain, &c. then they adjudge a weft line to begin at the fame place three miles north of the mouth and to run to the South Sea. This point in doubt they fubmitted to his majefty's royal pleafure. The people of Maifachufetts were fure of their caufe. It was impoffible,. they thought, confiftent with common fenfe,, \rj2J-'] MASSACHUStTtS. 347 f(^nfe, that the point in doubt fliould be determined againft them. They thought it fafefl, however, to fend to ; En- gland a fpecial agent, EJmunJ Quincy, enquire, one of the council, who had been one of the court's a<^ents be- fore the commifTioners. He was joined with Mr. Wilks^ a^id Mr. Belcher by his intereft prevailed upon :he aiTem- bly to add a third, his wife's brother, Richard Partridge. Exceptions, called an appeal, were offered to the judgment of the commifTioners. Mr. Quincy died of the Imall-pox by inoculation, foon after his arrival in London ; the other two knew little or nothing of the controverfy. The commillioners, however, had rendered it as difficult to determine a line againft Maffachufetts as if they had given a general judgment in their favour. The New Hampfliire agent and folicitor thought of no expedient. In their brief, they pray the lords committee to report " that all the lands lying to the northward of Merrimack river, which were granted by the charter of king Charles 1. to the late colony ef Maffachufetts^ are not granted to the prefent Province of Maffachufetts by the charter of king William and queen Mary;" This never could have been done; At the hearing, it was thought proper to lay afide all regard to to the judgment of the commiffioners, and to proceed upon an entirely new plan. No doubt was made^ that the old colony was all included in the new ProvixicCi The queffion was, what w-ere the northern bounds of the* colony of Maffachufetts, which the council of Plymouth when they fold the territory to the patentees, and x\\c king when he granted the jurifdi6:iori, had in contempla- tion. This, it was faid, muft be a line three miles north of a river not fully explored, but whofe general courfe was fuppofed to be eafl and weft. So far therefore as it afterwards appeared that the river kept this courfe, fo far it was equitable the line ftiould continue ; but, as on the one hand if the river had altered its courfe and turned to the fouth, it would have been inequitable to have reduced the grant to a very fmall traft, fo on the other hand, when it appeared to turn to the north, it was inequitable to extend the grant and make a very large territory, and Y 7, therefore ^4^ THE HISTORY Of [Chap. IV. therefore defeat other grants made about the fame time.^ It was therefore determined that the northern boundaries of Maflachufetts fhould be a Hne three miles from the I'iver as far as Pantucket-Falls, then to run W. lo dt:g. N. Until it meets New York line. The people of Maifachufetts thought themfelves ag- grieved. They fubmitted the controverfy to commifiion- ers to be appointed by the crown, and had been fully heard. The whole proceedings of the commiffioners were fet afide, and without any notice to the government^ the controverfy was determined by a committee of coun- cil upon a new point on v/hich their agent had never been inilru61ed. And, however there might belhe appearance' of equity in the principle upon which their lordfhips pro- ceeded, yet MaffachufetJis people fuppofed, if their poflef- fion for one hundred years, together with the determina- tion of the king in council in 1677, and the acquiefcence of ail parties in this determination for about fifty years, had been urged and duly weighed, the. balance upon the- fole principle of equity would have been in their favour. It increafed their mortification to find that they had loft by this new line feveral hundred thoufand acres more than the utmofl claim ever made by New Hampfliire ; for Merrimack river from the mouth to Pantucket-Falls tend- ing to the fouth, it made a difference of four or five miles in breadth, the whole length of the Hne, between a line t&' run weft from Pantucket-Falls and a Hue weft from t-he Black Rocks. The difpute about the bounds of the Province of Maincj "which lies on the other fide of New Hampfhire, was upon the conftrudion of the word northwejiward. Maflachu- fetts urged that it was the evident defign of the grantors- of the Province of Maine to defcribe a territory about one hundred and twenty miles fquare. At that day this was? probably the reputed diftance from Newichawannock or Pifcataqua river to Kennebeck, along the fea coaft, the general courfe of which was northeaft and fouthweft, after going * The grant to Sir Henry Rofwell and others was March 19th, 1627. That to Mafon was November 7th, 1629, and was to extend fixty miles froni the fea. But the river Merrimack turning to the north after about thirty miles from the fea, if tlie Maffachufetts bounds had continued three miles diftant from the river to the' Trratcb, it v/ould comprehend more ti»an half of Mafon's graut. I737-] MASSACHUSETTS. 349 going up the two rivers to the heads, the lines were to run northweftward until one hundred and twenty miles were finiflied, and then a line back parallel to the line up- on the fea. The agents for New Hampfhire, at the court of commifTioners, infilled that every body underflood northweflward to be north a little, perhaps lefs than a quarter of a point, weft. It not being pofTible to think of any reafon for a line to run upon this courfe, MafTa- chufetts could fcarce fuppofe the New Hampfliire agents to be ferious, and imagined the commiffioners would need no other reply than that every body underftood a line running weftward to be a line from eafl: to weft, and by the fame rule of conftruchion they fuppofed northwcft- ward to be from foutheaft to north weft; that northeaftward being explained in the fame grant to be as the coaft lay, proved in fa6l to be from fouthweft to northeaft. They were, however, furprifed with the determination of the commiflioners, that northweftward intended north two degrees weft. Why not one degree or three degrees as well as two ? From this part of the judgment Maffachu- fetts appealed. The agents in England obtained the cel- ebrated doctor Halley's opinion, in writing under his hand, that in the language and underftanding cf mathe- maticians, a line to run northweftward is a liiie to run northweft ; but this opinion did not prevail, and the judgment of the commiflioners upon this point was con- firmed by his majefty in council. It behoved Mr. Belcher, the governor of both Prov- inces, to carry an even hand. It happened that the gen- eral court of Mafllichufetts, whilft it fat at Saliftjury on the occafion of this controverfy, made him a grant of 800I. currency, in confideration of the deficiency of their for- mer grants, for his falary and his extraordinarj^ expenfe and trouble in attending the court 'at a diftance from his houfe and family. Soon after this grant, he adjourned the general courts of both Provinces, in order to their determining whether to abide by the remit of the com- mifiioners or to appeal from it ; but the court of New Hanipfliire was adjourned to a day or two after the Maf- (^chufetts court, and it w^a& faid they were prevented en- tering 350 THE HISTORY OF [Chap.IV, tering the appeal within the time limited. He did not care that either affembly fhould do any bufmefs when he was abfent, and therefore intended firft to finifh the Mat- fachufetts bufmefs, and immediately after proceed to. New Ilampiliire. This afforded matter of complaint from that Province, which Mr. Belcher was called upon to anfwer, and it was determined the complaint w^as well founded, and it being urged that the 800I. was intended as a bribe to influence him to this meafure, Maflachufetts thought their own honour concerned, and joined with him in his defence, which perhaps increafed the fufpicion of guilt and haften- ed his removal. That I may finifli what relates to the controverfy between the two Provinces, I muft take no- tice of the conduct of Maffachufetts upoij the receiving his majefly's order in council. The lines, by the order^^ were to be run by two furveyors, one on the part of eacK Province, but if either Province refufed, the other was to proceed ex parte. New Hampfhire, whofe higheft expec- tations were exceeded, propofed to join, but were refufed by Maffachufetts, and thereupon appointed furveyors tQ run the lines of Maffachufetts and Province of Maine ex parte. Both lines were complained of as being run fa- vourably for New Hampfhire ; that of the Province of Maine is a fubjed of new controverfy, it having been fuggefled that the furveyor miftook the main branch of the river N'ewichawannock, which if he had purfued would have made five or fix miles In breadth to the advantage of Maffachufetts. This refufal to join proceeded from the feeble, irrefolute ftate of tlpe minds of the houfe of reprefentatives. Unwilling by any ad of their own to exprefs' their fubmifTion to what they called an unequal decree, they ran the rifl^ of its being carried into execu? tion ftill more unequally ; and yet fucceeding houfes, by a fubfequent, long-continued, paflive fubmiffion, as effec- tually fubjeded the Province as if it had been expUcitly acknowledged at firft. * * After * I may not omit mentioning tjie death of Thomas Hutchinfon, efquire, Decem- ber 3d, 1730, who had been of the council except two years from I7I4' J "vvifli that many of his pojlerity may fo juftly deferve the characTter of true friends to their country. Regsrdlcfs of the frowns of a governor or the threats of the people, he fpcke and voted according to his judgment, attaching himfelf to no party any furthe^^ Jhaji he found their meafures tended tp promote the public iatereil. :1739-1 MASSACHUSETTS. 351 After the controverfy about the governor's falary 2lnd the fupply of the treafury was finifhed, there feemed to be a general difpofuion to reft, and we hear little of a party in oppofition to the governor for feveral years to- gether. Whilft the controverfy with New Hampfhire was depending, all of every party engaged in defence of the right of the Province. Befides, Mr. Cooke, who had been many years at the head of the popular party, was worn out with fervice, and having been fome time in a declining ftate, died in the fall of 1737, and the town of Bofton were fo far from an apprehenfion of danger to their liberties, that they chofe in his ftead Mr. Wheel- wright, the commiflary-general, w^ho depended upon the governor every year for his approbation after being ele6l- ed by the council and houfe, and in 1738 three of the reprefentatives of the town had the .character of friends to government ; but towards the end of the year a great clamour arofe againft the governor for adhering to his inftrudion about paper maney, and a^ainil: the three reprefentatives, for their pernicious principles upon the fubjeft of paper money, and at the town eleclion for 1739 three others were chofen in their ftead, two* of them profefledly difafteded to the governor and promoters of popular meafures, the thirdf although of great integ- rity, and for that reafon defirous of a fi;s:ed -currency, yet in his judgment againft reducing the paper money, and a favourer of fchemes for preventing its depreciation. Many country towns foHowed the example of Bofton, and it appeared that a majority of the houfe were of the fame principles with the town members. After Mr. Belcher's arrival, the houfe, as we have obferved, had pafled a vote for depofiting 500I. fterhng in the bank of England, to be ufed as they or their fucceftbrs fliould think proper. This was concurred in council and conlented to by the gover- nor. This money, it was faid, could not be better applied than in foliciting a relaxation of the governor's inftruction concerning paper money, and Mr. Kilby, one of the Bol- ton reprefentatives, was chofen agent for the houfe, and a petition was by him prefented from the houfe to his majefty in council, but it had no eftecl. A general * James Allen and Chriflopher Kilby, t Edward BromfjclU. 35^ THE HISTQRY QF [Ckap. IV. A general dread of drawing in all the paper money without a fubflitution of any other inftrument of trade in the place of it, difpofed a great part of the Province to favour what was called the land bank or manufadory fcheniej which was began or rather revived in this year 1739, and produced fuch great and lading mifchiefs, that a^articular relation of tlie rife, progrefs and overthrow orit may be of ufe to difcourage and prevent any attempts of the like nature in future ages. By a flrange conduct in the general court, they had been ifluing bills of credit for eight or ten years annually for charges of government, and being willing to eafe each pref^nt y^ar, they had put off the redemption of the bills as far as they could ; but the governor being reftrained by his inftrudion from go- ing beyond the year 1 741, that year was unreafonably loaded with thirty or forty thoufand pounds (terling taxes, which, according to the general opinion of the people, it \vas impoflible to levy, not only on account of the large, fum, but becaufe all the bills in the Province were but jull fyfficient to pay it, and there was very little filver or gold, which by an act of government was allowed to be paid for taxes as equivalent to the bills, A fcheme was laid before the general court by the author of this hiftory, then one of the reprefentatives of Bofton, in which it wa§ propofed to borrow in England upon intereft, and to im- port into the Province, a f\im in filver equal to all the bills then extant, and therewith to redeem them from pofief- fors, and furnifh a currency for the inhabitants, and to repay the filver at diftant periods, which would render the biirden of taxes tolerable by an equal divifion on a number of future years, and would prevent the diflrefs of trade by the lofs of the only inftrument, the bills of credit, without another provided in its place. Bu^ this propofal was rejeded. "One great frailty of human nature, an inability or indifpofition to compare a diftant, though certain inconvenience or diftrefs with a prefent conveni- ence or delight, is faid by feme ftrangers, who come among us from Europe, to be prevalent in Americans, fo as to make it one of their diftjnguifliing charaderiftics. Be that as it may, it is certain that at this time a great »um-= '■^' ' ' ' ■ ■' ^ /"'■ ' ■-■ ■ ' '"' ber I740.3 MASSACHUSETTS. 353 ber of private perfons, alleging that the preceding general court having fuffered the Province to be brought into dil- trefs from which it was not in the power of their fiiccef- fors to aflbrd relief, the royal initrudion being a bar to any future eniiffions of bills until all that w^ere then extant fliould be redeemed, refolved to interpofe. Royal inflruc- tions were no bar to the proceedings of private perlbns. The projed of a bank in the year 1714 was revived. 'I'hc projector of that bank now put himfelf at the head of Icv- en or eight hundred perfons, fome few ol rank and good eftate, but generally of low condition among the plebei- ans, and of fmall eflate, and many of them perhaps infolvent. This notable company were to give credit to 150,000k lawful money, to be iiiued in bills, each perfon being to mortgage a real eflate in proportion to the fums he fubfcribed and took out, or to give bond with two. fureties, but perfonal feeiirity was not to be taken for more than iqoI. from any one perfon. Ten directors ^nd a treafurer were to be chofen by the company. Kv- ^ry fubfcriber or partner w^as to pay three per cem. interefl for the fum taken out, and five per cent, of the principal ; and he that did not pay bills might pay the produce and inanufadure of the Province at fuch rates as the diredlors from time to time fi:iould fet, and they fliould commonly pafs in lawful money. The pretence was that, by thus furnifhing a medium and inftrument of trade, not only the inhabitants in general would be better able to procure the Province bills of credit for their taxes, but trade, for^ ^ign and inland, would revive and flouriih. The fate of the projeCL was thought to depend upon the opinion which the general court fliould form of it. It was necef- fary therefore to have a houfe of reprefentatives w^ell difr pofed. Befides the eight hundred perlbns fubfcribers, the needy part of the Province in general favoured the fcheme. One of their votes will go as far in popular elections as one of the moil opulent. The former are niofl numerous, and it appeartd that by far the majority 9f the reprefentatives for 1740 were fubfcribers to or favourers of the fcheme, and they have ever iince been qiftinguiflied by the name of the land bank houfe. Men 354 THE HISTORY OF [Chap. IV. Men of efhates and the principal merchants in the Prov- ince abhorred the project and refufed to receive the bills, but great numbers of Ihop-keepers, who had lived for a long time before upon the fraud of a depreciating curren- cy, and many fmall traders, gave credit to the bills. The .^iredors, it was faid, by a vote of the company, became traders, and ililied juft what bills they thought proper without any fund or fecurity for their ever being redeemed. They purchafed every fort of commodity, ever fo much a drug, for the fake of pulhing off their bills, and by one means or other a large fum, perhaps fifty or fixty thou- sand pounds, was abroad. To leflen the temptation to re- ceive the bills, a company of merchants agreed to iflue their notes, or bills redeemable by filver and gold at difr tant periods, much hke the fcheme in 1733, and attended with no better effed. The governor exerted himfelf to blaft this fraudulent undertaking, the land bank. Not only fuch civil and military officers as were directors or partners, but all who received or paid any of the bills, were difplaced. The governor negatived the perfon cho^ fen fpeaker of the houfe, being a director of the bank, and afterwards negatived thirteen of the Hew-ele6led counfellors who were dire6lors or partners in or, reputed favourers of the fcheme. But all was infufficient to fup^ prefs it. Perhaps the major part, in number, of the in- iiabitants of the Province, openly or fecretly were well- wifliers to it. One of the directors afterwards acknowl- edged to me, that although he entered into the company with a view to the public intereft, yet when he found what power and influence they had in all public concerns, he was convinced it was more than belonged to them, more than they could make a good ufe of, and therefore unwarrantable. Many of the moft fenfible difcreet per- fons in the Province faw a general confufion at hand. The authority of parliament to control all public and pri- vate perfons and proceedings in the colonies was, in that day, queflioned by nobody. Application was therefore made to parliament for an ad to fupprefs the company, which, notwithilanding the oppofition made by their agent, was very eafily obtained, and'thereiji it was declar- ed 1740.] MASSACHUSETTS. 355 ed that the act of the 6th of king George I. chapter' the eighteenth, did, does and fliall extend to the colonies and plantations in America. It was faid the act of George I, when it palTed, had no relation to America, but another act twenty years after gave it a force even from the paif-? ing it, which it never could have had without. This was fard to be an inlfance of the tranfce^dent power of par ha-, inent. Although the company was dillolved, yet Ihe ad: of parliament gave the polTeffors of the bills a right of ad;ion againfl every partner or director for the fums ex- prefTed with intereft. The company were in a maze. At a general meeting fome, it was faid^ were for running all hazards, although the a<^ fubjected them to a prasmu- nire, but the diredtors had more prudence, and advifed them to declare that they confidered themfelves difTolved, and rnet only to confult upon fome method of redeeming their bills from the poflefTors, which every man engagecl to endeavour in proportion to his intereft, and to pay in to the directors or fome of them to burn or deftroy. Had the company iflued their bills at the value expreffed in the face of them, they would have had no reafon to complain of being obhged to redeern them at the fame rate ; but as this was not the cafe iu general, and many of the poifelfors of the bills had acquired them for half their value, as ex- prelTed, equity could not be done, and fo fiir as refpected the company, perhaps, the parHament was not very anx- ious, the lofs they iuitained being but a juft penalty for their unwarrantable undertaking if it had been properly applied. Had not, the parhament interpofed, the Province would have been in the utmolt confufion, and the author- ity of government entirely in the land bank company. Whilft Mr. Belcher, by his vigorous oppofition to the land bank, was rendering hiinfelf obnoxious to one half the people of the Province, mcafures were purfuing in England for his removal from the government. Belides the attempts which we have mentioned from New Hamp- {hire, v/hich had never been laid afide, there had always been a difaffecled party in Maflachufetts who had been ufmg what intereft they had in P^ngland againil him. Lord Wilmington, prefident of the council, the fpeake^ of 35^ THE HISTORf OF [Chap. IV, of the houfe of cammons, and Sir Charles Wager, firfl lord of the admiralty, all had a favourable opinion of Mr. Belcher, fo had Mr. Holden, who was at the head of the diffenters in England, and all upon one occafion or an- other had appeared for him. The mod unfair and indireO: meafures were ufed with each of thefe perfons to render Mr. Belcher obnoxious and odious to them. The firft inftance was feveral years before this time. A letter was Tent to Sir Charles Wager in the name of five perfons whofe hands were counter- feited, with an infmuation that Mr. Belcher encouraged the deflrudion of the pine trees referved for mafts for the navy, and fuffered them to be cut into logs fofi)oards. Forgeries of this for.t ftrike us with more horror than falfe infinu itions in converfation, and perhaps are equally mif- chievous in their efFeds. The latter may appear the lefs criminal becaufe abundantly more common. An anonymous letter was fent to Mr. Holden, but the contents of it declared that it was the letter of many of the principal miniders of New England, who were afraid to publifh their names left Mr. Belcher fhould ruin them. The charge againft him was a fecret undermining the congregational intereft in concert with commiiTary Price and dodor Cutler, whilft at the fame time he pretended to Mr. Holden and the other diffenters in England to have it much at heart. To remove fufpicion of fraud, the let- ter was fuperfcribed in writing, either in imitation of doc- tor Colman's hand, a correfpondent of Mr. Holden, or, which is more probable, a cover of one of his genuine letters had been taken off by a perfon^ of not an unblem- ifhed character, to whofe care it was committed,, and made ufeof to inclofe the fpurious one. Truth and right arc more frequently, in a high degree, violated in poHtical contefts and animofities than upon any other occafion. It was well known that nothing would more readily induce a perfon of fo great virtue as the fpeaker to give up Mr. Belcher than an inftance of corruption and bribery. The New Hampfhire agents therefore furnifhed him with the votes of the Maifachufetts alfembly, containing the grant pf 800I. and evidence of the adjournment of New Hamp- jQiire i74o.] MASSACHUSETtS.' 357 /hire afTembly, alleged to be done in confequence, nor was he undeceived until it was too late. Mr. Wilks, the Mailachufetts agent, who was in great efteem with lord Wilmington, and was really a perlon of a fair upright mind, had prevented any impreflions to Mr. Belcher's prejudice ; but it unluckily happened that the land bank company employed Richard rartridQ;e, brother by marriage to Mr. Belcher as their agent. He had been many years agent for his brother, which fact was well known to his lordfhip, but, from an expedlation of obtain- ing the fole agency of the Province by the intered of the prevailing party there, engaged zealoufly in oppoling the petitioners to the houfe of commons, and gave out bilij? at the door of the houle. It was faid that all Mr. Belcher's oppofition to the fcheme, in the Province, was mere pre- tence ; had he been in earnefl:, his agent in England Would never venture to appear in fupport of it, and this was im- proved with lord Wilmington to induce him to give up- Mr. Belcher, and it fucceeded. Still, the removfpute, wa* cxi>rcf>!y graatsd to Plymouth by Charles IL- 56d THE HISTORY OF [Chap. IT.. evidence was never produced which would have fupport- ed the Mailachuletts claim. Mr. Shirley found the afFairs of the Province in a per- plexed llate. The treafury was Oiut and could npt be open- ed without fonie deviation from the royal inilru£lions ; the bills of credit were reduced, and nothirig fubteuted as a currency in their ftead ; the land bank party carried every point in the houfe, there feemed to be a necellitjr of fecuring them, the great art was to bring them over to his meafures and yet not give in to their meafures io as to lofe his intereft with the reft of the Province and' w>ith the miniftry in England. Some of the principal of them, who knew their own importance, w'ere willing to have fome affurance of favour from him, at the fame time they engaged' to do every thing to ferve him. The firfl; flep, on their part, was the advancement of the gov- ernor's falary to the full value of loool. flerling per an- nunii This had been m oft unjuflifiably evaded all the lat- ter part of Mr. Belcher's adminiilration, by granting a funl in bills of credit without a due regard to their deprecia- tion. Mi'. Kilby, who had been very a£tive for Mr; Shir- ley's interefl and againlf Mr. Belcher, in England, was chofen agent for the Province in England^ and Mr. Wilks^ who had been agent the whole of the lall adminiftration, was laid afide; Mr. Auchmuty, who li^id been one of the land bank directors, was joined with Mr. Kilby in the affair of the Rhode Ifland line. A grant of about 200I. fieri iiig was made to John Sharpe, efquire, for hh account of charge in defending Mr. Belcher againft New Hamp- fhire's complaint to the king in council. This had beeil repeatedly refufed in Mr. Belcher's time, which gave great offence to Mr. Sharpe. It was thought extraordi- nary that Mr. Shirley fliould make it a point with the land bankers that this debt for his predecefTor fhoutd be paid ; but to take Mr. Sharpe off from Mr. Belcher and engage him for Mr. Shirley, the friends and folicitors for the latter in England had engaged that if he was appoint- ed governor Mr. Sharpens account fliould be paid. But the grand atTair to fettle was that of the bills of credit. The iniiruction was exprefs not to confent to any i74i.] MASSACHUSETTS. 36! any a£l which fhould continue the bills beyond the time fixed for their being brought in. If this was complied with, a tax mufl have been made for the whole fum extant in that year 1741. This, it was faid, would be a burden that the people would nevet bear. Mr. Shirley was lenfiblc that the intent of his inflrudion v/as the prevention of a de- preciating currency. No matter how large a fum in bills was current if their value could be fecured. If the fpirit of the inflrudion could be preferved, an exact conformity to the letter would not be required. Every fchem.e for fix- ing the value of the bills had failed. A new projecl was re- ported by a committee of the houfe and accepted, and after- wards concurred by the coun-cii and confented to by the gov- ernor. This was a fcheme to eftablifli an ideal meafure in all trade and deahngs, let the inflrument be what it would. The acl which pafTed the court declared that all contracts fliould be underifood payable in filver at 6/.SiL the ounce, or gold in proportion. Bills of a new form Were ifaied, 20/'! of which expreffed in the face of the bill three ounces of fdver, and they were to be received accordingly in all public and private payments, with this faving, that, if they fliould depreciate in their value, an addition fliould be made to all debts as much as the depreciation from the time of contract to the time of payment. Hov/ to af- certain the depreciation from time to time was the great difficulty in framing the ad. To leave it to a common jury would never do. There was fome doubt whether a houfe of reprefentatives would be v/holly unbiaiTed. At length it was agreed that the eldeft counfellor in each County fhould meet once a year and afcertain the depre- ciation. This is faid to have been the fchem.e of colonel Stoddard of Northampton, a gentleman of good fenfe and great virtue, who probably faw the defeds, but hoped to fubftitute a lefTer evil in the place of a greater. This at bed muft have been a very partial cure. It did not prevent the lofs from the depreciation of the bills in thofe perfons' hands through which they were continually paffmg. All debts, which were contracted and paid be- tween the periods when the value of the bills were fixed annually, could not be affected bv fuch fisSnz ; and un- VoL. IL Z ' lefs ^6^ THE HISTORY OF [Cha?. IV, lefs in debts of long ftaiiding, which the debtor could not pay v/ithout an attion at law, demand was not ordinarily made for depreciation ; and what rendered it of little eited: in all other cafes, the counfellors appointed to efli- mate the depreciation never had firmneis enough in any inflance to make the full allowance, but when filver and exchange had rofe 20 per cent, or more, an addition was made of four or five only. The popular cry was againft ' it, and one year when Nathaniel Hubbard, efquire, the {^Ideft counfellor for the county of Briflol, a gentleman of amiable charader, and who filled the feveral pofts he fiiftained with applaufe, en'deavoured to approach nearer to a juil allowance than had been made in former years, he felt the refentment of the houfe, who left him out of the council the next elecl:ion. In ihort, the ad neither prevented the depreciation of the bills, nor afforded relief m cafe of it, and was of no other fervice than to ferve as a warning, when an ad palTed for the eftabiiihing a fixed currency a few years after, to leave nothing to be done by any perfcn or bodies of men, or even future legiflatures, to give the ad its defigned efi'ed, but in the ad itfelf to make full provifion for its execution in every part. Even this ttd, which with its fair appearance juftified Mr. Shirley in departing from his inftrudion, and afford- ed a fupply of the treaiury for the payment of debts and future lupport of government, could not have been ob- tained if he had not prevailed with the land bank party, contrary to the inclinations of many of them^ to join in promoting it, . He made them return, by confenting to any new elec- tions that were made of any of them into the council, by reiloring now and then one and another to the polls they had been deprived of, which, though it was done by de- crees, cavued many who condemned the land bank and all who were concerned in it, to be very free in their cen- fures upon hirfi. But the great favour they expeded was relief from the ■feverity of the ad of parliament. This was to be touch- ed with great tendernefs and delicacy. Every perfon con- cerned was liable to the demands of the poffeffors of the bills. 1741.] MASSACHUSETTS. 2>^^ bills. If large demands fhould be made upon any partic- ular perfons, it fecmed but jufl that the reft fhould contrib- ute their proportion ; but no demand was given by the act to one partner againfl another in fuch cafe. A bill was therefore prepared with aprofefTed defign to carry the a(5t of parliament equitably into execution. Three com^ miflioners were appointed by the bill, with power to tax all who had been concerned in the fcheme in proportion to their interefl in it, and with the monies thus raifed to redeem the company's bills from the poffefibrs, and after the redemption' of the bills to make an equitable adjuft- ment between the members and the company. Great care was taken to avoid all oppofitlon to the a6l: of parliament ; Mr. Shirley, however, did not think proper to fign the bill until he had fent a copy of it to England, and received direclions concerning it. After it had paif- ed both houfcs, to oblige the principal land bankers, he continued the fefTion of the court by long repeated adjourn- ments many m^onths, and before the expiration of the year gave his confent to the bill. Having thus fecured a con- fiderable party in the government without lofmg thofe who had been in oppofition to them, he rendered his ad- miniftration eafy, and generally obtained from the afTem- bly fuch matters as he recommended to them. . From the Spanifli war in 1740, a French war was ex- pected every year to follow. Caftle William, the key of the Province, was not only effedually repaired, but a new battery of tv\'enty forty-two-pounders, which takes the name of Shirley battery, was added to the works, with a larger magazine than any before, and a large fupply of powder, all at the expenfe of the Province. Thke cannon, mortars, fliot and other (lores were the bounty of the crown. The forts upon the frontiers were alfo put into good order, and upon a reprefentation from Mr. Mafca- rene, commander in cliief at Annapolis in Nova Scotia, of the defencelefs ftate of that Province and the danger they were in from the enemy, Mr. Shirley, in 1 744, prevailed upon the Manachufetts aifembly to vote pay, kc. for two hundred men which were fent there, and who were the probable means of faving that country from, falling into the enemy's hands. -d,,^ 364 THE HISTORY OF [Chap. TV, But the great event In this adminlRration was the fiege and redudlion of Louifbourg. Canfo had been furprifed and taken by nine hundred men under Duvivier from LouifbouTg,* before the war with Fra;nce was known at Eofton.f With another party, Duvivier made an attempt the fame fummer upon Annapohs, but was difappointed. Many of our velfels had been taken by the French men- of-war and privateers and carried intb Louifbourg. The fiihermen had no intention to go upon their voyages the next fumm'er,"and every branch of trade, it was luppofed, mull be carried on by vellels under cohvoy. It was the general voice, in the fall of the year, that Louifbourg mull be taken, but nobody fuppofed that the united force of the colonies could take it ; application mail be made to his majefly for fea and land forces fuflRcient for the pur- pofe. As winter approached, it began to be fuggelled that it v/as not improbable the place might be furprifed or taken by a mip du main^ the. inhabitarits and garrifon be- ing fliut up within the v/alis. Some of the garrifon of Canfo, who had been prifoners, and v^ho profefled to be well acquainted wrth the fortifications and garrifon at Louifbourg, favoured this opinion, and declared that in winter the fnow often lay in dj'ifts or banks againff a par- ticular part of the wall, where there were no embrazures nor any cannon mounted ; that the cruft would bear a man's weight, and, in that part at leaft, the walls might be fcaled, and perhaps by the help of ladders It would not be diilicult in Other parts ; that the grand battery, in- tended for defence in cafe of an attack by fea, would not be capable of long refif^ing if attacked by land. Mr. Vaughan,]; w^ho had been a trader at Louifbourg, was very fanguine alfo that the place might be taken by furprife, and it was generally agreed that if they fhould be rnifla- ken yet it w'ould not be poflible for the enemy, who were fcant of provifions, to fland a fiege until the time the fup- plies ufually arrived to them from France ; and, to prevent any chanGe-vefTels from entering, a fufficient naval force might * May 13, I?44. f June ?d. war proclaimed at Bofton. \ Mr. Vaughan was called the projc(ftor of the expedition. It is probable he laid before the governor a propofal for it, and it is certain he took great pains tt • jndu'je the people to think favourably of it. 1744.] MASSACHUSETTS. 365 might be provided to cruife before the harbour. Whilfl this y/as the converfation abroad, Mr. Shirley was diligently in- quiring of thofe perfons who had been traders and of oth- ers who had been priibners there, into the condition of the place, the ufual time for the arrival of fupplies from Europe, the practicability of cruifing off the harbour, &c. He had before wrote to the miniftry, and repreftnted the neceflity of a naval force early in the fpring, for the prcl- ervation of Annapolis. If this fhould arrive he might be able to prevail with the commander to cover our forces with it. Commodore Warrea was with feveral fhips at the Leeward Iflands. It was poflible, when he was ac- quainted with the expedition^ he would come with or fend part of his force to (Irengthen it. Thefe were the only chances for a naval flrength fufficient to cope with a fmgle capital French fliip that might be bound to Louii- bourg in the fpring. The miniftry, indeed, would bv €xprefs be immediately acquainted with the expedition, if engaged in^ but Europe w^as at too great diftance to expect timely aid from thence. The plan of the expedition was, a land force of four thoufand m.en in fmall tranfports to proceed to Canfo, and the firft favourable opportunity to land at Chapeaurouge-bay, with cannon, mortars, ammu- nition and warlike (lores, ancj all other neceffaries for car- rying on a fiege j and to prevent a fiipply of provifion and ftores to the enemy, feveral veifels were to cruife oft tiic harbour of Louilbourg, as foon as the feafon of the year would permit. An eftimate w^as made of all the naval force which could be procured in this and the neighbour- ing colonies, the largelt veflel not exceeding twenty guns. With this land and lea force, it v/as faid there was a good chance for fuccefs, and if the men-of-war fhould arrive, which there was good reafon to hope for, there was all imaginable grounds to depend upon the reduction of the place. The general court being fitting the beginning of January, the governor fent a melTage to the two houfes to let them know he had fomething to communicate to them of very great importance, but of fuch a nature that the publiihing it, before they fhould come to any refolutioii ;Upon it, might wholly defeat the defign ; he therefore defired 366 THE HISTORY OF [Chap. IV. defired they would lay themfelves under an oath of fecre- cy for fuch time as each houfe fhould think proper. This they did, although it was the firfl inftance in the houfe of reprefentatives, without any fcruple, and then he communicated to them his propofed plan of the expe- dition. Many of the members, who had heard little or nothing of the converfation upon the fubjed, were ftruck with amazement at the propolal. The undertaking they thought to be vaftly too great, if there was a rational prof- peft of fuccefs. However, in deference to the recommen- dation of the governor, a committee of the two houfes were appointed to confider the propofal. Here, the propofal v/as for fever^^l days deliberated and weighed, Louifbourg, if left in the hands of the French, would infallibly prove the Dunkirk of New England ; their trade had always been inconfiderable, their hfhery was upon the decline, and for feveral years pad: they had bought hfh of the Englifh at Canfo cheaper than they could catch and cure it themfelves, both trade and fiiliery they might well lay afide, and by privateering enrich themfelves with the fpoils of New England ; and to all thefe dangers was added that of lofmg Nova Scotia, which v/ould caufe an increafe of fix or eight thoufand enemies in an inftant. The garrifon of Louifbourg was difafFeded, provifions were leant, the works mouldering and decayed, the gov- ernor an old man unflvilled in the art of war ; this there- fore was the only time for fuccefs, another year the place wDuld be impregnable. We had nothing to fear from the forces at Louifbourg ; before additional ftrength could arrive from France they would be forced to furren- der. We had, it muft be owned, no fhips of ftrength fufFicient to match the French men-of-war, unlefs, perhaps, a fmgle fhip fhould fall in by herfelf, and in that cafe five or fix of ours might be a match for h?r ; but there was no probability of men-of-war fo early, and it was very probable Englifli men-of-war from Europe or the Weft Indies v,'ould arrive before them. There was always un- certainty in v/ar, a rifk muft be run : if v/e failed we fhould be able to grapple with the difappointment, although we fliould bear the whole expenfe j but if I745-] MASSACHUSETTS. 3^7 if we fucceetled, not only the ccafts of New England would be free from moleflation, but fo glorious an acqui- fition would be of the greateft importance to Great Brit* ain and might give peace to Europe, and we might de- pend upon a reimburfement of the whole charge we had been at. On the other hand it was replied, that we had better fuffer in our trade than by fo expenfive a meafiire deprive ourfelves of ail means of carrying on any future trade ; that we were capable of annoying them in their filhery as much as they could annoy us in ours, and in a ihori time both fides would be willing to leave the fifhery un- moiefted ; that the accounts given of the works and the garrifon at Louifbourg could not be depended upon, and it was not credible that any part of the walls Ihouki be unguarded and expofed to furprife ; that inftances of dlC- affection rifing to mutiny were rare, and but few inftances were to be met with in hidory where fuch expectation has not failed. The garrifon at Louifbourg confided of reg- ular experienced troops, who, though unequal in number, would be more than a match in open field for all the raw unexperienced militia which could be fent from Ne\Y England ; that twenty cruifers at that feafon of the year would not prevent fupplies going into the harbour, it be- ing impoOible to keep any ftation for any length of time, and the weather being frequently fo thick, that a venel was not to be difcovered at a quarter of a mile's diftance ; that there was no room to expe6l any men-of-war for the cover of our troops ; that if only one lixty-gun du'p fhould arrive from France, or the French illands, ihe would be more than a match for all the armed veifels we could provide, cur tranfports at Chapeaurouge-bay would be every one deilroyed, and the army upon Cape-Breron obliged to fubmit to the niercy of the French ; that we fliould be condemned in England for engaging in fuch an afRiir without their diredion or approbation, and v/e fnould be no where pitied, our misfortunes proceeding from our own raOi and wild meafureG. To thefe argu- ments were added the uncertainty of rainng a fufBcient .number of men, or gf beinj able to procure provifions, warlii^e 568 THE HISTORY OF [Chap. IV. warlike ftores and tranfports, difcouragement from the feafon of the year, when frequently, for many days to- gether, no bufmefs could be done out of doors. Money indeed could be furnilhed, or bills of credit in lieu of it, but the infallible confequence would be the fmking the value of the whole currency, to what degree no man, could determine, but probably in proportion to. the fum iffued ; and finally, if we fhould fucceed, a general na- tional benefit would be the confequence, in which we fiiould be but fmall fharers, and far fliort of the vaft ex- penfe of treafure, and perhaps of lives in obtaining it j and if vjq failed, fuch a fhock would be given to the Prov- ince, that half a century would not recover us to our prefent ftate. After mature deliberation, a majority of the committee disapproved the propofal, and their report was accepted, and for a few days all thoughts of the ex- pedition with the members of the court were laid afide. In the mean time, the governor, who wiflied his propofal had been agreed to, but did not think it proper to prefs it any further by meffage or by privately urging the mem- bers, either directed or encouraged the carrying about a petition which was figned by many of the merchants in the town of Bofton, but principally by thofe of Saleni and Marblehead, direded to the houfe of reprefentatives, or to the two ho\ifes, praying, for reafons fet forth, among others the faving th° fifliery from ruin, they would re- confider their vote, and agree to the governor's propofal of an expedition againfc Louiibourg. A fecond com- mittee, appointed upon this petition, reported in favour of it,* and the 26th of January their report came before the houfe, who fpent the day in debating it, and at night a vote was carried in favour of it by a majority of one voice only. Never was any affair deliberated upon with greater calmnefs and moderation ; the governor indeed laid the affair before the court, but left the members free to aft their judgment without any folicitationi> and there appeared no other divifion than what was caufed by a real difference in opinion upon the true intereft of the Province. Thp * It v/as accompanied with a mefTage from the governor recommending it, and defivinj they wcuiu hear the pcrfons from whom he had received his intelligence. I745-J MASSACHUSETTS. 369 The point once fettled, there was immediately a union of both parties in the necelTary meafures for carrying the defign into execution, thofe who had oppofed it before being employed upon committees, and exeriing thcmfclvos with zeal equal to that of the principal promorers. An embargo was laid upon every harbour in tlie Province, and meflengers were immediately difpatched to the fev- eral governments, as far as Pennfylvania, to entreat an embargo on their ports, and that they would join in the expedition. All excufed them.felve3 from ai:y ihare in the adventure, except Connedicut, who agreed to raife five hundred men. New HampHiire three hundred, and Rhode Ifland three hundred. Conneclicut and Rhode Ifland alfo confenrcd their colony floops Ihould be employed as cruifers. A fmall privateer fliip, about tv;o hundred tons, and a fnow of leis burden, belonging to Ncv/port, were hired there by Maflachufetts, a nev/ fnow captain Roufe, a fnip, captain Snelling, were taken into the fervice at Boilion, which, with a fnow, captain Smeth- urft, and a brig, captain Fletcher, three Hoops, captains Sanders, Donahew and Bofch, and a fliip of twenty guns, purchafed on the (locks, captain Tyng the commodore, made the whole naval force. From the day the vote paiTed until the place was redu- ced, a feries of favourable incidents contributed to our fuccefs. They will be obvious enough in the courfe of the narrative, and will not require being fpecially remark- ed. The time for preparing was fliort. I'he winter prov- ed fo favourable, that all forts of out-door bufinefs v/as carried on as well and with as great difpatch a-^ at any other feafon of the year. In the appointment of a gen- eral officer, one qualification was confidered as efl'ential, that he (hould be acceptable to the body of the people ; the enliftment depended upon this circumllance. It was not eafy to find a perfon, thus qualified, willing to accept -the truft. Colonel Pepperell, having the ofier from the governor, was rather prelTed into the fervice than volun- tarily engaged. Befides a very great landed interefl, he was largely concerned in mercantile affairs, which mufl peceffarily fuffcr by his abfence, and this being generally known 370 THE HISTORY OF [Chap. IV. known had no fmall influence, from the example, with inferior officers and even private foldiers, to quit their lefler ailaii s, for a feafon, for the fervice of their country. Many of the private foldier3 were freeholders, and many more fons of weakhy farmers, who could have no other views in confenting to the enliftment of their children than the public intereft. Mr. Shirley had fet his heart fo much upon the expe^ dition, that many points were conceded by him which he would not have given up at any other time, and the peo- ple of the Province fubmitted to cornpuliory meafures from the government, which at another time would have been grievous and not very patiently borne. Such 6ffi«. cers v/ere nominated by the governor as the people pro- pofed or called for, becaufe they wei-j mofl likely to enlift men. inilead of a commiflary general, an officer appoint- ed by the governor, a committee of war was chofen by the two houfes out of their own members. Nothing further was heard of the royal inflrudion againfl bills of credit. Such fums as the fervice called for, and to be redeemed at fuch periods as the houfe thought proper, wei'e confented to by the governor. It foon appeared that thefe fums would vaftiy exceed what had been com- puted, and many declared that, had a right edimate been made, they fliould never have voted for the expedition, but it was now too late to go back. It was found alfo, that tranfports and veifels of war could not be engaged unlefs the government would become infurers, which, although it occafioned no additional expenfe at firft, yet, in cafe of ill fuccefs, would greatly increafe the pub^ lie debt and dillrefs. The committee of war were like- wife convinced that a fufficiency of provifions, clothing and w^ariike (lores could not be procured within the Prov- ince. Whofoever was polTefled of any of thefe- articles, by an a6t or order of government his property was fub- jected to the committee, who fet fuch price as they judg- ed equitable, and upon refufal to deliver, entered ware- houfes, cellars, &c. by a warrant for that purpofe to the fheriff, and took poifeilion. In the courfe of the prep- aration^ many vciTels unexpc£kdly arrived with more or lef« I745-] MASSACHUSETTS. 37, lefs of each of thcfc articles, and after all, the army was poorly enough provided. Ten cannon, eighteen-pound- ers, were obtained upon loan, not without dilliculty, from • New York, otherwife Mr. Shirley himfelf fccmed to dcubt \i'hether we could proceed. Some dependence wa^ pla- ced upon cannon from the grand battery, but this was too manifelt a difpofal of the fkin before the bear was caught. By force of a general exertion in all orders of men, the armament was ready, and the general, on board the Shirley fnow, captain Roufe, with the tranfports un- der her convoy, failed from Nantarket the 24th of March, and arrived at Canfo the 4th of April. The MalLichu- fetts land forces confided of three thoufand two hundred and fifty men, exclufive of commiflion officers, 'i'he New IlampQiire forces, three hundred and four, incluiling ofh- cers, arrived four days before. Connecticut, being five hundred and fixteen, inclufive, did not arrive until the 25th. The deputy governor of the colony, Roger Wol- cot, efquire, had the command, and was the fecond oili^ cer in the army. Rhode IHand waited until a better judg- ment could be m.ade of the event, their three hundred not arriving until after the place had furrendered. The 23d of March, an exprefs boat fent to commodore War* ren in the Weft Indies returned to Bofton. As this was a provincial er^jpedition, without orders from England, and as his fmall fquadron had been weakened by the lofs of tl\e Weymouth, Mr. Warren excufed himfelf from any concern in the affair. This anfwer m.uft neceffarily ftrike a damp into the governor, as well as the general and brig- adier Waldo, then next in comm.and, who Vv'ere the only perfons in the army made privy to it before the fleet failed. Several of the cruifmg veflels failed the middle of March, but they could be no protedion to the army againft two capital Ihips : if they intercepted fmall veflels it was the moll tha-t was cxpecled. A block-houfe with eight cannon was built at Canfo. Whether fome good reafon would not have been given for proceeding no further than Can- fo, if there had been a difappointment in the expefled jundion of men-of-war from the feveral quarters to which notice of the expedition had been fent, may well enough be 372 THE HISTORY OF [Chap. IV, be made a queflion. Mr. Shirley hoped, if the redu6lion of Louifboiirg was not effedted, at lead Canfo would be regained. Nova Scotia preferyed, the French hfhery broke up, and the New England and Newfoundland filheries re- flored. But on the 23d of April, to the great joy of the army, arrived at Ganfo the Eltharn of forty guns, frorn New England, by order from Mr. Warren, and on th^ 23d the commodore himfelf, in the Superb of fixty guns, with the Launcefton and Mermaid of forty each, arrived alfo. This gav.e great fpirits to all who had the fuccefs of the expedition at heart ; for although this was not a naval force to enter the harbour or annoy the forts, yet it wa$ a cover to the army and equal to any expecied force from France. It feems that, in two or three days after the ex- prefs failed from the Well Indies for Bofton, the Hind fioop brought orders to Mr. Warren to repair to Boflon, with what Ihips could be fpared, and to concert meafures with Mr. Shirley for his majefly's general feryice in North America. Upon the pafTage* to Bofton, the commodore received intelligence that the fleet had failed for Canfo, and meeting with a fchooner at feaf he fent her to Bofton, to acquaint Mr. Shirley that he would proceed to Canfo, and at the fame time fent orders to any ftiips which might be in thefe feas to join him. The Elthani was aftually under fail with the maft fleet, when an exprefs fent from Bofton \yith the commodore's orders arrived at Portf- mouth in New Hampftiire, but being followed and over- taken by a boat, the captain ordered his convoy into port again, and failed for Canfo. After a ftiort confultation with the general, the men-of-war failed to cruif^s before Louifbourg. The cruifers, before this, had intercepted feveral fmall veiTels bound in there with Weft India goods aud provifions, and had engaged the Renommee,| a French fliip of thirty-fix guns fent from France with dif- patches, and who kept a running-fight vv'ith our velTels for fome time, being able with eafe to outfail them, and after two * April 1 2th. I An excellent pilot, v/ho had efcaped for fear of being; prefled into the fervice, happened to be on board this fchooner. The commodore took him out, and it is faid would not have ventured without him. The Vigilant mufi. then have get intf LouilDouro;, and pedvaps have defeated the v.'hole defi^n. 1 AprifiSth. 1745-] MASSACiiUsfiTtS. 373 two or three attempts to enter the harbour, went back to France, to give an account of what Ihe had met with. She fell in with the Connedlicut troops, under convoy of their own and the Rhode Ifland colony Hoops, both which (he had Itrength enough to have carried, but after feme damage to the Rhode Ifland floop, fhe went her way^ The forces landed at Chapeaurouge-bay the 30th of April. The tranfports were difcovered, eariy in the morning, from the town, which was the firft knowledge of any de- fign againfl them. The cruifers had been feen every fair day before the harbour, but thefe were fuppofcd to be privateers in fearch after their trading and filliing velfels. The night before, it is faid, there was a grand ball at the fort, and the company had fcarce been allecp when they "^vere called up by an alarm. Bouladrie, a French officer, was fent with one hundred and fifty men to oppofe the landing, but the general making a feint ot landing at one place, drew the detachment there, and this opportunity was taken for landing one hundred men at another place without oppofition, although they were ibon after attack- ed by the detachment^ fix of which were killed on the fpot, and about as many more, with Bouladrie their lead- er, were taken prifoners ; the relt fled to the town, or they would foon have fallen into the hands of our men, who were landing faft one upon the back of another. The next morning after they landed, four hundred men marched round to the north-eall harbour, behind the hills, fetting fire to all the houfes and Itore-houfes, until they came within a mile of the grand battery. Some of the ftore-houfes having in them pitch, tar, and other com- buftible (tuff, caufed fuch a thick fmoke, that the garrifon w^ere unable to difcover an enemy, though but a few roods diftant ; and expeding the body of the army upon them, they deferted the fort, having thrown their powder into a well, but leaving the cannon and fhot for the fervice of the Ervghfh. A fmall party, of lefs than twenty Engiifh, firft came up to the battery, and difcovering no figns of men, fufpeded a plot and were afraid to enter ; at length, it is faid, a Cape-Cod Indian went in alone, and difcover- ed the ftatc of it to the reft of the party, juft as fome of the 374 THE HISTORY OF [Chap. IV. the French were re-hmdiiig in order to regain the poftef- fioii of it. The army found they had near two miles to tranfport their cannon, mortars, fhot, kc. through a morafs. This nuiii; be done by mere dint of labour. Such of the men as had been ufed to drawing pine trees for mafls, and thofe v/ho had the hardieft and ftrongeft bodies, were employed in this fervice. Horfes and oxen would have been buried in mud and were of no ufe. Brigadier Wal- do had the command of the grand battery. The French kept firing upon the battery from the town as well as from the ifland battery, but to little purpofe, the town being near two thoufand yards diftant and the ifland about fiXteen hundred. A conftant fire was kept from ihe grand battery upon the town with the forty-two- pounders. This greatly damaged the houfes, but Caufed io great an expenie of pov^der that it w^as thought advife^ able to ftop and leferve it for the fafcine batteries. Five of thefe were eredled, the lafl the 20th of May, called Tidcomb's* battery, with five forty-two-pounders, which did as great execution as any. Our men knew nothing of regular approaches, they took the advantage of the night, and when they heard Mr. Bafiide's propofals for zigzags and epaulements, they made merry with the terms and went on, void of art, in their own natural way. Captain Fierce, a brave officer, (landing at one of thefe batteries had his bowels Ihot away by a cannon ball, and lived juft long enough to fay, Ifs hard to die. ^hilft our people were thus bufy afhore, the men-of- war and other veiTels were cruihng off the harbour when- ever the weather would permit, and the i8th of May, the Vigilant, a French man-of-war of fixty-four guns, having five hundred and fixty men on board and flores of all forts for the garrifon, was met with by the Mermaid, whom fhe attacked, but captain Douglafs the commander, being of unequal force, fuffered himfelf to be chafed by her until he drew her under the command of the commo- dore ^* Mc.jor Tidccmb's readinefs to engage in the mofl hazardotis part of the fervice was iicknowledged and applauded. He furvived the fiege, was colonel of a regi- ment vvhf n general Johnfon was iittacked by Diclkau, and tl^ea loft his life in th«- jGsrvioc ol Lis count: y. 1745-] Massachusetts. -y^ dore and the other fhips cruifing with him, to whom, or, as fome fay, to the Mermaid (lie firuck, becaule (he had iirft met with her. This capture gave great joy to the army, not fo much for the addition m^de to cur naval force, as for the difappointment to the enemy. A propo- fal had been made, a few days before, that the men-of-war fhould anchor in Chapeaurouge-bay, and that the marines and as many faiiors as could be fpared fliould land and join the army. The Vigilant w^^uld then have got in, and we fhould have given over the fiege. Alfairs were now in fuch a (late, that our anxiety at Boftcn was much lefiened. We hoped the army might retreat with fafety, wTienever it fhould be determined to give over the fiege, for Bouiadrie, who belonged to the town of LoiiifDourg, and the marquis de la Maifon forte, commander of the Vigi- lant, who w^as well acquainted vv ith the ilace of the place, when thev came to Bofton, were fans^uinc that it would hold out longer than our men, and loon after* we had the news of a fruitlefs and perhaps a rvSii attempt upon the ifland battery by four hundred men, fixty of whom were killed and one hundred and fixteen taken prifoners. The Csefar, Snelling, one of the fhips in the provincial fervice, arrived at Boflon with letters from the general, and an application for more men and a further fupply of powder. Mafiachufetts agreed to and actually did raife four hundred men, and fent all the powder that could be purchafed, and Conned;icut raifed two hundred men ; but there w-ere neither men nor powder arrived when the fiege v/as finiihed. The Princefs Mary of fixty and the KeRor of forty guns, unexpectedly had arrived atBouonfromEnglandjand were immediately fent to join the commodore, purfuant to his general orders, and arrived before Louiibourg the 2 2d of May. This increafe of naval force occafioned conjec- tures, fome being of opinion, that, rather than the fiege fhould be raifed, the fhips would attempt to go in ; but it was generally fuppofed the hazard would be too great. It was commonly reported that colonel More of the New [* Here is a ehronolo^cal miflakc. The attempt on the ifiand tattcry wa |4»y «6' The inared from ordinary cafes, and to leave lefs room for difpute. Whether the land or fea; force had the greateH: fbare in the acquifiticn- may be judg- ed from the relation of fadts; Neither would have fuc- ceeded alone. The army, with infinite labour and fa- tigue to themfelves, haralfed and dilfreffed the enemyy and with perfeverance, a few weeks or days longer mult have compelled a furrender. It is very doubtful whether the iliips could have lain long enough before the walls to have carried the place by ftorm, or whether, notwithftand- i^ng the appearance of a defign to do it, they would have thought it advifeable to attempt it ; it is certain they pre- vented the arrival of the Vigilant, took away all hopes of further fupply and fuccour, and it is very probable the fears of a form- might accelerate the capitulation.* The * From tlie following depofition of the commodore in the high court of adjni» ralfcy, one would imagine the place had been taken by the fliips alone, " ExtraAed from the regifiry of the high court of admiralty of England, agth September, 1747. ** Notre dame de deliverance, 7 Upon the allegation given by Tyndallthe aift of Litan mafter. y March, 174,5. « Sir •*7450 MASSACHUSETTSi 379 The lofs by the enemy and ficknefs did not exceed one hundred and one men. The lofs of the fnow Prince of Orange, belonging to the Province, and fuppofed to be overfet, u-as a heavy blow upon the town c?f Marblehead, the captain and moil of the crew belonging to that town, and it is a rare thing for a Marblehead man to die with- out leaving a widow and a number of children furviving. As it was a time of year to exped French veflels from all parts to Louiibourg, the French flag was kept flying to decoy them in* Two Eaft India and one S<3uth Si;a fhfp, fuppofed to be altogether of the value of 6oo,oooL fterling, were taken by the fquadron at the mouth of the harbour, into which they would undoubtedly have entered. The army at firil: fuppofed they had acquired 1 right to the ifland of Cape Breton and its dependencies, and, until they "Were undeceived by Mr. Shirley, were for dividing the ter- ritory among the officers and men. With greater colour they might have claimed a fhare with the men-of-war in thefe rich prizes. Some of the officers expelled a claim v;ould have been laid in, but means were found to divert it, nor "Was any part decreed to the veflfels of war in the Province fervice, except a fmall fum to the brig Bofton Packet^ captain Fletcher, who being chafed by the South Sea fliip, led her diredly under the command of the guns of one of the men-of-war. It feemed to be conceded, that, as this acquifition was made under the commifTion of the gov- ernor of Maflachufetts, the exercife of government there appertained to him, until his majefty's pleafure fhould be known. •* Sir Pct^r Warren kright, vice-admiral of the white, aged forty years and up- wards, a witnefs produced and fworn — " To the firft article of the faid allegation depofes and fays, that he the faid depo- nent was appointed to command his Britannic majefty's fleet intended for the attack of the ifland of Cape-Breton, and in the year of our Lord one thoufand fevea hundred and forty-five proceeded on the faid expedition in his majefty's fhip Suptrbe from the leeward iflands, then having with him and under his command his majefty's fhips Mermaid and Launcefton, and foon after his arrival at faid ifland he was joined by his majefty's ftiips Princefs Mary, Canterbury, Chefter and Sunderland, and that after the deponent's arrival at Cape-Breton, apd before he was joined by his majefty's ftiips aforefa-id, he took and feized a French fhip of war called the Vigilant, and appointed her a fhip in his majefty's fervice and pay, and then with the alTiftance of all his majefty's Ihips aforefaid, and others of his majefty's ftiips, he did fubdue the whole ifland of Cape-Breton, and further to the faid article he knows not to depofc." There was bo claim made, for the army, to this or the other captures, which i$ the only reafon I can think of for omitting any mention of the land forces. A a 2 /jgo THE HISTORY OF [Chap. IV. known. I know of no precedent in the colonies, except that of the conqueft of Nova Scotia in 1690. It w^as neceflary then to admit this principle, the acquifition could not otl>erwife have been retained. Mr. Shirley made a voyage to Louifbourg, took the government upon him, prevailed upon a great part of the army to confent to remain in garrifon over the winter, or until regiments which were expefted arrived, engaged that their pay fliould be increafed and clothing provided, and fettled other matters to general fatisfaSiion.* Duvivier had been fent to France the winter ef 1744, to folicit a force, nor to defend Cape Breton, but to con- quer Nova Scotia, and accordingly failed the beginning of July, with feven Ihips of war for that purpofe, who were to flop at Louifbourg. This fleet took a prize bound froni Bofton to London, on board which was lieutenant gover- nor Clark of New York, and by this means they were informed of the conqueft of Louifbourg, and the ftrong fquadron there, other wife fome or all of them would alfo have probably fa^llen into the hands of the EngHfh. Upon this intelligence they went back to France. Thus Nova Scotia no doubt was^ faved by the Malfachufetts expedition. There would not have been men-of-war in thefe feas fufficient to match this fquadron. The reduction of Louifbourg by a Britilh colony, mufl have been a furprife to Creat Britain and to Frances- It caufed very grand plans of American meafures for the next year with both powers. Great Britain had in view the reduction of Canada and the extirpation of the French: from the northern continent. France intended the re- covery of Louifbourg, the conqueft of Nova Scotia, and the deftru6lion of the Englifh fea coaft from Nova Scotia to Georgia. Upon the Englifh plan, eight battalions of regular troops, with the provincial forces to be raifed in the four New England governments, were to rendezvous at Louilhourg, arid, with a fquadron under admiral War- ren, were to go up the river St. Lawrence to Quebec ^ other provincials from Virginia and the colonies north- ward ,; * Pcnnfylvania contributed 4CO0I. New York 3000I. and New Jerfcy, I thinks- t'eb&I. feme in momcy, others in provifions, for fupport of the troops. .I74t^.] MASSACHUSETTS. 3«i ward, including New York, were to rendezvous at Al- bany, and go acrofs the country to Montreal ; the land forces to be under general St. Clair. No Province had a certain number afligned, it was expeded there fhould be at lead five thoufand* in the whole. The Maflachu- fetts forces were ready to embark by the middle of July, about fix weeks from the lirfl notice- The preparations making at Brefh for America, were well known in En- gland, and a fquadron was ordered to block up that har* bour. Notwithftanding all the caution uled, the Bred fquadron flipped out, and failed to the weft ward, and it is certain no Englifh fquadron followed. Whilft we were impatiently waiting for news of the arriyal of the fleet at Louifbourg, a fifherman .comes in, fome time m Auguft, with an account of his being brought to by four French capital (hips not far from Chibuclo ; that he was required to pilot them there ; that as be lay under the ftern of one of them he read the word le Terrible, but a fog fuddenly rifmg, he made his efcape. After that fome days had paifed without any further account^ the fifherman*s nev/s was generally difcredited. It appeared fome months after, that thefe were four fhips under M. Conflans, who had efcapedf an Englifh fquadron from Jamaica, and were bound to Chibudo in order to join the Brelt fleet ; but after cruifing fome time, and meeting with ftorm$ and fogs, upon a coaft they were unacquainted with, they returned to France. The beginning of September, vefTek arrived at Boflon from Hull and Liverpool, with advice that the Brefl fleet Jiad failed, and it was fuppofed for North America, and from the middle to the latter end of the monxh frequent accounts were brought of a great fleet feen .to the weft- ward of Newfoundland, which we flattered curfelves might be Englifh as likely as French ; but oi; the 28th, an ex- prefs arrived from Louilhourg with certain advice thefe fliips were the French fleet, which it was affirmed confifted of * The colonics voted to raife men in very unequal proportions. New Hampfhire 500. Maffiichufetts .IJOO. Rhode Ifland 300. Conntdicut icco. New York }[6oo. New Jerfcys 500. Maryland 3CO. Virginia lOO. Pcnnfylvania raii«d 400, though not by an zA of government. The whole nuir.bcr Sioo. f Soiiu: fdv the Englifh efcapcd from theip. 382 THE HISTORY OF [Chap. IY, of feventy fail, fourteen of which were capital fhips^ and that there were twenty fmaller men-of-war, and the reft fire-fhips, bombs, tenders and tranfports for eight thou- fand troops » The fame day a yeifel from Jamaica arrived with advice that the four men-of-v/ar who had engaged with commodore Mitchell, were intended to join the fleet, and it was now no longer doubted that thefe were the fhips feen by the fifhermen, and it was fuppofed foon after got into Ghibudo. England was not more alarmed with the Spanifh armada in 1588, than Boflon and the other North American fea ports were with the arrival of this fleet in their neighbourhood. The firmed mind will bend upon the firfl; advice of imminent danger to its countryc Even the great De Witt fwooned when he firft opened a letter giving inteUigence of England's confederating with France to enflave the Dutch, though the next moment he recovered his natural courage and vivacity. Every pradicable meafure for defence was immediately purfued by the authority of the Maflachufetts Province, but our main dependence, under God, was upon a fquad- ron from England fufiicient, in conjunction with the fliips then at Louifbourgh, to overcome the French. It was impoflible the miniftry fhould be ignprant of the failing of this fleet, and unlefs they were willing the colonies fnould be expofed to the ravages of the enemy, it was impolTible an Englilh fquadron fhould not be foon after them.* This was the general voice. But this depend- ence failed. However, as the probabihty of the arrival of our fquadron was from day to day leffened, our ap- prehenfions of danger from the enemy leflened in fome proportion. At length, we had fuch authentic account of the diftrefles of the French, that it was not only agreed that admiral Townfend's fhips at Louifbourg were more than * It was faid admiral X,e{lock put out no lefs than feven times, but could not get to the weftward. Qthers fuppofed that an apprehenfion of French ^nelTe, pretend- ing an expedition to J^i;nerica when an invafion of Brit9.in was really intended, occa- fioned orders for the detention of Leftock's fleet until it was thought too late to pre- vent the rnifchief, and the thips were then employed in an unfuccefsful defcent upon France. The indifference of the people in England in general upon this occafion -■was wondered at by the colonills. Letters from merchants, who had debts due in the colonies equal to their whole fortunes, and which they muft have wholly loft if the French plan had been executed, fpake of the failing of this fleet as an ordinary piece of news, which would be followed with no remarkable confecjuencee. 1746.] MASSACHUSETTS. 3^3 than a match for them, and we were every day expe<^- ing to hear they had failed for Chibu6lo, but if that fhould prove otherwife, the utmofl: they would be able to effed by their grand plan would be the conqucft of Annapolis and the whole Province of Nova Scotia. If the winter did not prevent a farther progrefs, we llattered ourfelves their ilrength was not fufficiemt foj an attempt upon Bcdon, The misfortunes of this grand armament are really very remarkable. The lofs of Cape Breton filled xha J'Vench with a fpirit of revenge a^ainft the BritiHi colo- nies. The duke d'Anviiie, a French nobleman in whofe courage and coiidud great confidence was placed, was .appointed to the command of the expedition. As early as the beginning of May, the fleet was ready to fail, but .detained bv contrary v/inds until the 22d of Jun^, when it left Rochelle, and then confided cf eleven ihips of the line, thirty fmaller veflels f;om ten to thirty guns, and jranfport fliips with three thoufand one hundred and thirty land forces, commanded by monfieur Pommerit, a briga- dier general. The French of Nova Scotja, it was exped- ed, would join them, and Ramfay, a French officer, with feventeen hundred Canadians and Indians, were a^llually in arms there ready for their arrival. 'J'o this force Cour fians with the four foips froni the Wcfl ladies were to be added. It was the 3d of Ai^guil before the fieet had pafTed the Weftern Illands. The 24th they were three hundred leagues dilfant from Nova Scotia, and one of iheir fiiips complained fo much, that they burnt her^ The 111 of September, in a violent itorm, the Mars, a fixty-four gun fliip, was fo damaged in her mafo and fo ieaky that Ihe bore away for the W^d Indies,* Tind the Alcide, of fixty-four guns, which had alfo joft her top- mad, was fent to accompany her. The i5th, the Ardent, of fixty-four guns, mod of hex q-ew being hck, put back for Bred, The duke d*Anville, in the Northumberland, arrived at Chibudo the 1 2th of September, with only one ihip of the line, the Renommee and three or four cf the tranf- ports. * She went back for France, and was taken in OdIoLcr by the Nottingh;tra, captain Saumarcz, off Cnpe Clsur. 384 THE HISTORY OF [Chap. IV, ports. There he found only one of the fleet, which had been in three days, and after waiting three days, and find- ing that only three more, and thofe tranfports, had arrived, the 1 6th in the morning he died, the French f^id of an apoplexy, the EngliHi that he poifoned himfelf. In the afternoon the vice admiral, d'Eftournelle, v/ith three or four more of the line, came in. Monf. de la Jonquiere, governor of Canada, was aboard the Northumberland, and had been declared a chef d'efcadre, after the fleet left France, and by this means v/as next in command to. the vice admiral. In a council of war, the i8th, the vice admiral propofed returning to France. Four of the cap- ital fliips, the Ardent, Caribou, Mars a;^d Alcide, and the Argonaute fire-fliip, they were deprived of ; there was no news of Conflans and his fhips, fo that only feven* fhips of importance remained ; more or lefs of the land forces were on board each of the mifl^mg fhips, and what re- mained were in a very fickly condition. This motion was oppofed for feven or eight hours by Jonquiere and others of the council, \yho fuppofed that, at leafl:, they were in a condition to recover AnnapoHs and Nova Scotia, after which they might either winter fecurely at Cafco-Bay, or at worft, then return to France : The fick men, by the conflant fupply of frefli provifions from the Acadians, were daily recovering, and wpuld foon be fit for fervice. The motion not prevailing, the vice admiral's fpirits were agitated to fuch a degree as to throw him into a fever attended ;with a delirium, in which he imagined himfelf among the Enghfli, and ran himfelf through the body. Jonquiere fucceeded, who was a man experienced in war, and althoiigh above fixty, flill mpre ai^ive than cither of his predeceffors, and the expectations of the fleet and army were much raifed. From this time AnnapoHs feems to have been their chief objeft. An account, fuppofed to be authentic, having been received at Boflon of the faihng of admiral Lefl;Qck, Mr. Shipley fent an exprefs to Louiibourg to carry the intelligence. The packet boat was taken and carried into ChibuClo,! which accelerated the * Some make the number eight, and 'the Perfait to he one of them, and burnt there ; hut hi the French lift the Perfait is a fire-lhip, an^ the Caribou is laid to have been burnt. t Odlober ii. ?74<5t] MASSACHUSETTS. 385 the failing of the fleet. Mofl of the fick had died at Chi- budo, and but about one half their number remained ahve. They failed the J3th of Oclober, and tlie 15th, being near Cape Sables, they met with a violent cold florm, which, after fome intermiflion, increafed the 16th and 17th, and feparated the fleet, two of which only, '^ fifty and a thirty-fu^ gun fliip, were difcovered from the fort at AnnapoHs, where the Chelter man-of-war, captain Spry, then lay with the Shirley frigate, and a fmall vcliei in the fervice of the board of ordnance, who being dif- covered by the French to be under fail, they made off, and this was the laft of the expedition, The news of the beginning of the misfortunes of the French having reached France by fome of the returned veflels, two men- of-war were fent immediately with orders, at all events, to take Annapolis ; but the fleet had failed th^ee or four days before they arrived. Pious men faw the immediatq hand of Divine Provi- dence in the proteftion or rather refcue of the Britifli col- onies this year, as they had done in the miraculous fuccefs pf the Cape-Breton expedition the former year. "When the fummer had fo far pafled as to render it too late to profecute the expedition againll Canada, if the fleet had arrived, Mr. Shirley's enterprifmg genius led him to projed an attempt upon the French fort at Crown- point, with part of the Mall'achufetts forces in conjunclion with thofe of the other colonies ; but the alarm of the french fleet prevented until it was judged, by fome con* eerned, to be too late. Fifteen hundred of the Malfachu- fetts men were intended for Nova Scoiia upon the news of Ramfay's appearing there, and four hundred a(5lually went there, convoyed by the Chefter, and late in the fall an additional number were fent thither. Thole polled at Minas were furprifed, the firfl; day of January, by a body of French and Indians commanded by Le Corne, a French officer, and after having one hundred and fixty of their number killed, wounded, and taken prifoners, the reft capitulated, engaging not to bear arms againfl the French in Nova Scotia for the term of one year. Dc Ramfay with his troops foon after returned to Canada. * * Thomas Cufliing, eP^uiie, fpeaker of the houfe, died April ii, 1 746, univerfally J&iriented. ^6 THE HISTORY OF {;Ghap. IV. The troops raifed for the Canada expedition continued in pay until September the next year, 1 747. Some of them ferved for the defence of the frontiers, the reft were inacr tive. The inactive profecution of the war in Europe on both fides indicated peace to be near, which the next year was efxe6:ed. War had been declared in 1744 againft the Cape Sable and St. John's Indians, and in 1745 againft the Penobfcots and Norridgewocks. The frontiers did not efcape molef- tation. They fufFered lefs than in any former wars. The Indians were lelTened in number, and having withdrawn to the French frontiers, were fometimes detained for |:heir defence upon an apprehended invafion, and at other times erigaged to be in readinefs to joiji in the great de- figns againft the Englifh.^ In 1747 (Nov- 17th) happened a tumult in the town of Bofton, equal to any whi^Ii had preceded it, although far fhort of fome which have happened fince. Mr. Knowles was commodore of a number of nien-of-war then in the harbour of Nantafket. Some of the Tailors had deferted» Deferters generally flee to fome of tfee neighbouring ports^ where they are out of danger of difcovery. The commo- dore thought it reafonable that Bofton fliould fupply him with * The peace with the Indians was not fettled -until Oiloher, 1 749, when a treaty- was held at Falmouth by com-yiillloners, Thomas Hatchinfon, John Choate, Ifry.el Williams and Jamss Od^ of MaffachufettS; and Th',^odure Atkinfon and John Downing of New Hamprmre, whea the iaft treaty ip IvjLr. Dun*mer's tinje, witH fome additions, was renewed. June 19th, 1748, John Stoddard, efqu. "aampton, and at that time a mem- Iser of the hoxife of reprefsntati>re'-., died :u ■>c:i^:i. He had been feveral years mem- ber of the co;Lincil, but being in favciir of the prerogative, generall;- met with great ©ppofition, and havmg heen divers times left out, he at length declined being any lono:er the fubjedl of contention, and chofe a feat in the koufe, his town thinking it a favour that he would repreXcut them. Tl.ere have been but few men among u$ who have U ^in more generally eHecmed. His euemies would charge hira with un- coniHtutional principles, but at the farce time allow he had an upright heart. He fhined only in affairs of importance ; lefl'er matters would frequently be carried .a'Tainrh his mind by the little arts and crafts of minute politicians, which he difdained to defeat by counter-working. He was very early employed in public affairs. In 171,^ he went as a commiffary to <>acbcc for the redemption of captives, and th^ feveral governors to the time of his deatli entrufled to his dire>5lion the military affairs of the county of Hampiliire, which in time of war was peculiarly expofed. Nor was his authority lef* in civil mailers. Both military and civil authority he ufed •tt-ith great difcretion. In this la«:ter, in one inflance, ho rather exceeded, extending iit to the eccknafli.-al affairs of the town of Springfield farther than he could well juftify. Our bcft men have fometimes exceeded iu their zeal for particular fyilenis, and have endeavoured Lo promoic religion by invading natural and civil ri^hta. ' I747-] MASSACHUSETTS. 387 with as many men as he had loft, and fent his boats up to town early in the morning, and furprifed not only as ma- ny feamen as could be found on board any of the fliips, outward bound as well as others, but fv/cpt the wharves alfo, taking fome fhip-carpenters' apprentices and labour- ing land-men. However tolerable fuch a furpiife might have been in London, it could not be borne here. The people had not been ufed to it, and men of all orders refented it ; but the lower clafs were beyond meafure en- raged, and foon aflembled with fcicks, clubs, pltchmops, fvc. They firfl feized an innocent lieutenant, wlio hap- pened to be afliore upon other bufmefs. They had then formed no fcheme, and the fpeaker* of the houfe palling by, and alluring them that he knew that the lieutenant had no hand in the prefs, they fiilFered him to be led otf to a place of fafety. The mob increafmg, and having re- ceived intelligence that feveral of the commanders were at the governor's houfe, it was agreed to go and demand fatisfadion. The houfe was foon furrounded, and the court or yard before the houfe, fdled ; but many perfons of difcretion inferred themfelves, and prevailed io far as to prevent the mob from entering. Several of the officers had planted themfelves at the head of the ftair-way with loaded carbines, and feemed determined to preferve their liberty or lofe their lives. A deputy (iieritT attempting to exercife his authority, was feized by the mob and carried away in triumph and fet in the ftocks, which afforded them diverfion, and tended to abate their rage, and dif- pofed them to feparate and go to 4inner. As foon as it was dufn:, feveral thoufand people aflem- bled in king's-ilreet, below the town-houfe, where the general court was fitting. Stones and brickbats were thrown through the glafs into the council chamber. The governor, however, with feveral gentlemen of the council and houfe, ventured into the balcony, and after iilencc "was obtained, the governor in a well-judged fpeech expreif- ed his great difapprobation of the imprefs, and promifed his utmoft endeavours to obtain the difcharge of every one of the inhabitants, and at the fame time gently reprov- ed the irregular proceedings both of the forenoon and evening. • The Author. ^SS THE HISTORY OF [Chap. 1% evening. Other gentlemen alfo attempted to perfuade jthe people to difperfe, and wait to fee what ftep$ the gen- eral court would take. All was to no purpofe. The feizure and reftraint of the commanders and other officers who were in town, was infilled upon as the only effedual method to procure the releafe of the inhabitants aboard tlie (hips. It was thought advifeable for the governor to withdraw to his houfe, many of the officers of the militia and other gen- tlemen attending him. A report was raifed, that a barge from one of the fhips was come to a wharf in the town. The mob flew ,to feize it, but by miflake took a boat belong- ing to a Scotch fhip, and dragged it, with as much feem- ing eafe through the flreets as if it had been in the water, to the governor's houfe, and prepared to burn it before the houfe ; but from a confideration of the danger of fetting the town on fire, were diverted, and the boat was burnt in a place of lefs hazard. The next day the gov- ernor ordered that the military officers of Bofton Ihould caufe their companies to be muilered, and to appear in arms, and that a military watch fhould be kept the fuc- ceeding night ; but the drummers were interrupted, and the militia refufed to appear. The governor did not think it for his honour to remain in town another night, and privately withdrew to the Caflle. A number of gen- tlemen who had fome intimation of his defign, fent a, meffage to him by colonel Hutchinfon, afTuring him they would {land by him in maintaining the authority of gov- ernment and reDoring peace and order, but he did not think this fufficient. The governor \vrot& to Mr. Knowles, reprefenting the confufions occafioned by this extravagant a-d of his offi- cers ; but he refufed all terms of accommodation until the commanders and other officers on iliore were fuffii^red to go on board their (hips, and he threatened to bring up his fhips and bombard the town, and fome of them coming to fail, caufed different conjectures of his real intention. Captain Erfkine, of the Canterbury, had been feized at the houfe of colonel Brinley in Roxbury, and given his parole not to go abroaxl, and divers inferior officers had been fecured. j^^ 1747^3 MASSAGHUSETTa 389, The 17th, 1 8th and part of the 19th, the council and iioufe of reprefentatives, fitting in the town, went on with their ordihiry bufinefs, not willing to intorpofe left they fhould encourage other commanders of the navy to fu- ture ads of the hke nature ; but towards noon of the I9th5 fome of the principal members of the houfe began to think more ferioully of the dangerous confequence of leaving the governor without fupport, when there was not the lead ground of exception to his conduft. Some high fpirits in the town began to qucRion whether his retiring (liould be deemed a defertion or abdication. It was moved to appoint a committee of the two houfes to confider what was proper to be donev This would take time, and was excepted to, and the fpeaker was defired to draw up fuch refolves as it was thought neceflary tht: houfe Ihould immediately agree to, and they were paffed by a confiderable majority, and made public. " In the houfe of reprefentatives y Nov, i^th, 1747. *' Refolved — that there has been and flill continues, a tumultuous riotous aflembhng of armed feamen, fervants, negroes and others in the town of Boilon, tending to the deftrudion of all government and order. " Refolved — that it is incumbent on the civil and mili- tary officers in the Province to exert themfelves to the utmoft, to difcourage and fupprefs all fuch tumultuous riotous proceedings w'henfoever they may happen. ** Refolved — that this houfe will Hand by and fupport with their lives and eftates his excellency the governor and the executive part of the government in all endeav- ours for this purpofe. " Refolved — that this houfe will exert themfelves by all ways and means pofTible in redreffing fuch grievances as his majefty's fubjefts are and have been under, which may have been the caufe of the aforefaid tumultuous diforderly affembling together. T. Hutchinfon^ Speaker." The council paffed a vote, ordering that captain Erfkine and all other officers belonging to his majefly's fliips Ihould be forthwith fet at liberty and prote^led by the govern- ment, which was concurred by the houfe. As foon ajsi theie 390 THE HISTORY OF [Chap, m ihefe votes were known, the tumultuous fpirit began to fubfide, ThxC inhabitants of the town of Bollon affembled in town meeting in the afternoon, having been notified to tonfider, in general, what was proper for them to do up- on this occafion, and notwithftanding it was urged by- many that all meafures to fiipprefs the prefent fpirit in the people would tend to encourage the like oppreiTive z&is for the future, yet the contrary party prevailed, and the town, although they expreffed their fenfe of the great infult and injury by the imprefs, condemned the tumultu- ous riotous ads of fuch as had infulted the governor and the other branches of the legillature and committed many other heinous offences. The governor, not expelling fo favourable a turn, had Wrote to the fecretary to prepare orders for the colonels of the regiments of Cambridge, Roxbury and Milton, and the regiment of horfe, to have their officers aiid men ready to march at an hour's warning, to fuch place of rendez- vous as he fliould dired ; but the next day there was an uncommon appearance of the militia of the town of Bof- ton, many perfons taking their mufiiets who never car- ried one iipon any other occafion, and the governor was conduced to his houfe with as great parade as when he fir 11 alfumed the government. The commodore* difmiffed mofl, if not all, of the in- habitants who had been imprefled, and the fquadron failed to the joy of the reft of the town. By the expedition to Louifbourg, the preparations for the redudion of Canada, and the feveral fupplies of men for Nova Scotia, the Province had iffued an immenfe funt in bills of credit, between two and three millions, accord- ing to their denomination in the currency. The greateft part of this fum had been iifued when between five and fix hundred pounds was equal to one hundred pounds flerling, and perhaps the real confideration the govern- ment received from the inhabitants who gave credit to them was near four hundred thoufand pounds fterling ; but by thus miultiplying the bills they had fo much de- preciated, that, at the end of the war, eleven or twelve hundred [* Mr. Kno^vl?s was afterwards an admiral in the Britifli navy, and in 1 770, -being invited by the cir.picfa of Pvuflii, went into her fervice.J 1747-] MASSACHUSETTS. 391 hundred pounds were not equal to more than an hundred pounds fterling ; and the whole debt of the Province did not much exceed two hundred thoafand pound;> flerling. Thus the people had paid two hundred thoufand poundi fterling in two or three years, befides a large ium railed by taxes each year, as much as it was fuppoi'ed the people were able to pay 5 but to pay by the depreciation of the bills, although infinitely unequal, yet, as they were Ihift- ing hands every day, it was almoft iufenuble, a poiTeiTor of a Luge fum for a few days not perceiving the diiterencc in thtir value between the time when he received them and the time when he parted with them. The apprehen- fion of their depreciation tended to increafe it, and occa- ftoned a quick circulation, and for fome tlnu^ everi for Engliih goods, which ordinarily fell for the longed credit, nobody pretended to alk credit. They were con- ftantly, however, dying in fomc body^s hand, though nobody kept them long by them. Bufmefs was brilk ; men in trade increafed their hgures, but vvrere finking the real value of their flock ; and, what is worfe, by endeav- ours to fhift the lofs attending fuch a pernicious currency from one to another, fraudulent difpofitions and habits are acquired, and the morals of the people depreciate with the currency. The government was foliciting for the relmburfement of the charge in taking and fecuring Cape Breton, and by the addrefs, alliduity and fidelity of William BoUan, efquire, who was one of the agents of the Province for that purpofe, there was a hopeful profpedt that the full fum, about i8o,oooI. fterling, would be obtained. Some of the miniftry thought it fufficient to grant fuch fum as would redeem the bills ifiued for the expedition, &c. at their depreciated value, and Mr. Kilby, the other agent, feemed to defpair of obtaining more ; but Mr. Bol- lan, who had an intimate knowledge of our public affairs, fet the injuftice of this propofal in a clear light, and made it evident that the depreciation of the bills was as effectu- ally a charge borne by the people as if the fame propor- tion of bills had been drawn in by taxes, and refufed all propofals of accommodation, infilling upon the full value of the bills when iffued. He certainly has great merit for this and other fer vices, ^Ir. §92 THE HISTORY OF [(ChaK IV. Mr. Hutchlnfon, who was then fpeaker of the houfe of reprefentatives, imagined this to be a mofl favourable opportunity for aboliiliing bills of credit, the fource of fo much iniquity, and for eflablifhing a ftable currency of filver and gold for the future. About two million two hundred thoufand pounds would be outflanding in bills in the year 1749. One hundred and eighty thou- fand pounds ileriing, at eleven for one, which was the lowed rate of exchange with London for a year or two before, and perhaps the difference was really twelve for one, would redeem nineteen hundred and eighty thoufand pounds, which would leave but two hundred and twenty thoufand pounds outflanding ; it was therefore propofed that tfee fum granted by parhament fhould be fliipped to the Province in Spanifh milled dollars, and applied for tht redemption of the bills as far as it would ferve for that purpofe, and that the remainder of the bills fhould be drawn ih by a tax on the year 1749^ This would fin- ifh the bills* For the future, filver of flerhng alloy at 6/, Sd, the ounce, if payment fhould be made in bullion ; or otherwife, milled dollars at 6f each, fhould be the law- ful money of the Province, and no perfon fliould receive or pay within the Province, bills of credit of any of the other governments of New England. This propofal be- ing made to the governor, he approved of it, as founded in juftice and tending to promote th^ real interefl of the Province ; but he knew the attachment of the people to paper money and fuppofed it impradicablci The fpeakef ,^ however, laid the propofal before the houfe, where it was received with a fmile, and generally thought to be an tJtopian proje6l, and, rather out of deference to the fpeaker than from an apprehenfion of any effeft, the houfe appointed a committee to confider of it. The com- mittee treated it in the fame manner, but reported that the fpeaker fliould be defired to bring in a bill for the confideration of the houfe. When this came to be known abroad, exceptions were taken, and a clamour was raifed from every quarter. The major part of the people, in number, were no fufferers by a depreciating currency j the number of debtors is always more than the number of •I747-] MASSACHUSETTS. 393 of creditors ; and although debts on fpecialties had allow- ance made in judgments of court for depreciation of the bills, yet on fimple contracls, of which there were ten to one fpecialty, no allowance was made. Thofe who were for a fixed currency v;ere divided. Some fuppofed the bills might be reduced to fo fmall a quantity us to be fixed and (table, and therefore were for redeeming as many by bills of exchange as Ihould be thought faperfluous ; oth- ers were for putting an end to the bills, but in a gradual way, otherwife it was faid a fatal Jkcck would be given to trade. This lad was the objection of m.any men of good fenfe. DouglafSj who had wrote well upon the paper cur- rency, and had been the oracle of the anti-paper party, was among them, and, as his manner was with all who differed from him., difcovered as much rancour againfh the author and prom^oters of this new project as he had done againft the fraudulent contrivers of p?.per money emiilions; The bills, it was faid, had funk gradually in their value from 6f, lojd. to 6of. the ounce ; by this means credit- ors had been defrauded ; it was but reafonable they fhould rife gradually, that juftice might be done. But the cred- itors and debtors would not be the fame in one inflance in a thoufand, and where this was not the cafe, the injury was the fame, to oblige any one to pay more as to receive lefs than was juftly due. Others were for exchanging the bills at a lower rate than the then current price of fil- ver. The inhabitants had given credit to the govern- ment, when filver was at 30/^ the ounce, and ought to be paid accordingly. Two of the reprefentatlves of Bdfton urged their being exchanged at 30/! which would have given a mod unreafonable profit to the prefent poifefTor who had taken them at ^^ or 60/, To draw over fome of this party, concefTions were made and the bills v/ere exchanged at 50/! the ounce, inftead of ^^.^ as was at firit propofed. Some of the dire^lors and principal promoters of the land bank fchemc,* being at this time members of the general court, unexpectedly joined with the party who were for finifliing paper money, but the oppofitioa was lO Vol. IL B b great, • John Choate and Robert Hale. 391 THE HISTORY OP- [Cha>. I\^. great, that after many weeks fpent in debating and fet- tling the feveral parts of the bill, and a whole day's de- bate at laft in a committee of the whole houfe upon the expediency of paffmg the bill, as thus fettled, it was re- jeded, and the report of the committee accepted. The houfe, although upon fome occafions exceptions are taken to motions and proceedings which come before them as not' being in parliamentary form, yet are not flri£l in conforming to fome of the mod ufeful rules of parliament. A bill or motion is not only referred from- one fellion to another, but a bill, after rejeding upon a^ fecond or third reading, is fometimes taken up and pafled fuddenly the fame felFion, They have an order of the houfe, that when any affair has been confidered, it fhall- noi be brought before the houfe again^ the fame feifion, unlefs there be as full a houfe as when it was pafled upon.' This, if obfervedv, would ftill be liable to inconvenience^ as any defigning perfon might take an opportunity upoa a change of faces, the number being as great as befote^. fuddenly to carry any point ; but even this rule, like many other of what are calkd (landing orders, is too fre* quently by votes, on particular occafions^ difperifed with, which leflens the dignity of the houfe. It feems to be of no confequence to the prerogative- whet her the currency of a colony be filver or paper, but the royal inftruckions from time to time for preventing' a depreciating currency, caufed merely by a gracious re- gard to the int^reft of the people, had generally engaged- what was called the country party in oppofition to them and in favour of paper. It was the cafe at this time.- Hov/ever, the next morning', two of the members of the houfe,* zealous adherers to this party, and who had been ih-GHg oppofers of the bill, came early to the houfe to wait the coming of the fpeaker, and in the lobby let him know, that although they were not fatisfied with feveral^ parts of the bill, yet they were alarmed with the danger to the Province from the fchemes of thofe perfons who were for a gradual reduction of the bills, and by that means for raifmg the value of the currency without any provifion * Jofeph Livermore, the rcprcfcntativc of Wefton, and Samuel Witt, rcprcfcnta*- tivc of' Marlborough. 1749*1 MASSACHUSETTS. 395 provifion for the relief of debtors, and therefore they had changed their minds, and if the bill could be brought forward again, they would give their voice for it, and others who had oppofed it would do the fame. The fpeaker, who had looked upon any further attempt to be to no purpofe, acquainted them that he did not think it proper to defire any of the favourers of the bill to move for a re-confideration of it, inafmuch as it had been un- derfliood and agreed in the houfe the day before ; that if upon a full debate had, the bill fhould be rejected, no further motion fhould be made about it. As foon as the houfe met, upon a motion by one of thefe members, fec- onded by the other, the bill was again brought under con- fideration, and pafled the houfe as it afterwards did the council, and had the governor's confcnt. The provifion made by this a£t for the exchange of the bills and for ellablifhing a filver currency was altogether conditional, and depended upon a grant of parliament for reimburfement of the charge of the Cape Breton expedi- tion. This being at a diftance, and not abfolutely certain^ the adl had no fudden eftbO: upon the minds of the peo- ple ; but when the news of the grant arrived, the dif- content appeared more vifible, and upon the arrival of the money there were fome beginnings of tumults, and the authors and promoters of the meafure were threaten- ed. The government pafled an act with a fevere penalty againft riots, and appeared determined to carry the other a6t for exchanging the bills into execution. The appre»- henfion of a Jhock to trade proved groundlefs ; the hiW'^ being difperfed through every part of the ProvincCj the filver took place inllead of them, a good currency was infenfibly fubftituted in the room of a bad one, and every branch of bufinefs was carried on to greater advantage than before. The other governments, efpecially Con- necticut and Rhode Ifiand, who refufed, upon being in- vited, to conform their currency to Maffachufetts, felt a Jhock in their trade which they have not yet recovered. The latter had been the importers, for MaiTachufetts, of Weft India goods for many years, which ceafed at once. New Hampihire, after fome years, revived its bufmefs^ B b :s ari.d 396 THE HISTORY OF [Chap. IV. and increafed their trade in Englifh goods, which for- merly they had been fupplied with from Mafiachufetts. Perhaps they have rather exceeded. We Ihall hnilh this fecond part of our hiftory with a few remarks upon the trade of the Province at this day, compared with its trade in 1692. The other governments of Nev/ England, fixty or fev- enty years ago, imported no Englilli goods, or next to none, direclly from England 5 they were fupplied by the Mallachufett^ trader. Now, although our trade with Great Britain, upon the whoJe, is fuppofed to eaufe no addition to our wealth, yet, at leall fo far as we are the channel for conveying fupplies of goods to the other col- onies for their confumption, a benefit undoubtedly ac- crues. New Hampfhire, by their convenient fituation, were induced to become their own importers in a great meafure fome years before the alteration of our currency. They made their returns by fhipping lumber, &e. eafier than we did^ At prefentj they probably import Englifli goods equal to their confumption. Connecticut, until we abolifhed our bills of credit and theirs vs^ith them, contin- ued their trade with us for Englifh goods, but foon after turned great part of their trade to New York, and fome perfons became importers from England. They foon dif- eovered their error. The produce of New York is fo much the fame with that of Connedicut, that the Maffa- chufetts market will always be the befl. The importer finds it more difHcult to make his returns to England from Connedicut than from MafTachufetts. Connedicut trade therefore foon returned to the ftate it had formerly been in. Rhode Ifland,in part, became their own importers alfo^ which they ftill continue. For the other colonies on the continent. Between South CaroHna and Maflachufetts, there never has been any confiderable trade. The chief benefit from that col- ony has been the affording freights for our fhips in the European trade. North Carolina, Virginia, Maryland, the Jerfeys and Pennfylvania, until within twenty or thirty years, ufed to furnifli 17490 MASSACHUSETTS. 397 furnifli us with provifions, for which we paid them in Wefl India and fometimes Englifh goods, and with our own produce and manufadures. Philadelphia of late is become the mart for the grain of great part of Maryland, which they manufafture into flour and fupply IMalTachu^ fetts, Rhode Ifland and New Hampfliire, and take Uttic or no pay in return but money and bills of exchan;;e. It feems agreed, that the fouthern colonies as far as Virginia are defigned by nature for grain countries. It behoves us, therefore, either like the Dutch for the other nations in Europe, to become carriers for them with our (hipping, or to contrive fome articles of produce or manufacture for barter or exchange with them, rather than in vain to attempt raifmg to more advantage than they do, what na- ture has peculiarly formed them for. Our trade with the Wefl: India iilands was much more profitable to us, from the beginning of king William's to the end of queen Anne's war with France, than at any time fince. Ever fmce the peace of Utrecht it has been continually growing worfe. Barbadoes required, then, more northern produce than it does now. The other iflands, except Jamaica, have very httle increafed their demand. From the growth of the northern colonies and the new methods of living, the produce of the iilands is more than double the price it ufed to be. Perhaps tea and coffee alone caufe as great confumption of fugar, as all other ufes to which it was applied did formerly. The produce of the northern colonies is a5 low in the iflands as ever it was. Formerly their demand for northern pro- duce not only afforded us in return, rum, fugar and mo- laffes fufficient for our ov/n confumption, but left a fur- plus which, in war time efpecially, every year gave freight to fhips from Boflon to England, and paid our debts there or procured a fupply of goods from thence ; whereas at this day the whole fupply of northern produce to the Britifh iflands will not pay for one half the Wefl: India goods confumed or ufed in the northern colonies. The trade to the Dutch colonies, it is true, is fince increafed, and our goods from time to time find their way into the French iilands ^ fometimes through the Dutch, at other times. 398 THE HISTORY OF [Chap. IV, times, when French necellity calls for them, by per- mifliQn or other (jontrivances, and by this means we are able to procure the Weft India goods we want for our confumption over and above what we can obtain in pay for our produce from our own iflands. Britain herfelf fuffers, with her northern colonies, and pays, dearly by the advanced price of fugar, rum, &c. The Weft Indians, iiotwithftanding, are continuaily endeavouring to reftrain our trade with the foreign illarids a.nd colonies. If they could take of our produce as much as we have occafion for of theirs, it would appear lefs unreafonable ; or if, by our trade with the foreign colonies, the price of the pro- duce of our own iflands had fzfllen below the former rates, they might have colour for complaint , but when the vent for northern produce by means of the great in- creafe of the northern colonies, bears no proportion, from any one of them, to what it did formerly, and yet the pro- duce of the iflands is double the price it was formerly, and their eftates raifed to more than five times the value, it muft be unreafonable to burden not only the inhab- itants of the northern colonies, but of Great Britain alfo, with a ftill further advanced price of Weft India goods, and all to aggrandize the Weft India planters. Such a burden would infallibly be the effed: of a rigid execution of the laws feftraining or encumbering our trade with the French and Dutch colonies. But this is not all. If our trade with the foreign colonies be fuppreffed, and our fupplies of Weft India goods are confined to our own iflands, the balance above what they require of our pro- duce, muft be paid them in filver and gold or exchange upon England, either of which muft leiTen our returns to England, and will probably leffen our confumption of their manufa6i:ures. Charlevoix fays, the French of Can- ada live well if they can get fine clothes : if not, they retrench from the table to adorn the perfon. I think the Englifli colonifts would rather abate from their drefs than from their punch, tea, coffee, &c. If the queftion be, which is moft for the intereft of the Britifli dominions in general, to reftrain the French Amer- ican trade or to give it all pofTible encouragement, it muft i7^9-] MASSACHUSETTS.' ^,99 be given in favour of encouragement. The fpeedy ^ct- tlement of this vafl continent is generally fuppofed to be advantageous to Great Britain. Every new houfe, new farm and new fubjeft adds to the confumption of Britilh rnanufa6lures. Nothing more contributes to this fpeedy fettlement than a vent for the lumber, a great help in clearing the lands near the fea and upon navigable rivers, and for provifions the produce of fettlements when made. But, on the other hand, admit that raifmg the price of Weft India produce tends to increafe die number of plant- ations in the iflands, yet thofe plantations, althoiajjh more valuable, will never bear any proportion in number to the plantations and fettlements upon the continent, and the increafe of white fubjects will be dill Ich in propor- tion. Blacks ^at and drink nothing and wear next to nothing of Britilh manufa(S:ure. There has been a great alteration in our trade with Great Britain. At the beginning of this period and until within thirty or forty years paft, merchants and manufadurers in England Ihipped goods upon their own accounts, which were fold here upon comniiilion ; and although there was appearance of profit from the faies, yet by the lofs upon returns, moft adventurers in a courfe of years were great lofers. Difcerning perfons in Lon- don, when they faw a man going deep into tra^e to the colonies, would pronounce him fhort-lived. The trade is now upon a more certain footing for the people of England. Few goods are rent to be fold up- on commiffion. ' The manufadurer depends upon the merchant in England for his pay. The merchant re. ceives his commiflion, and generally agrees with his corr refp6ndent, for whom he is in advance, in the cv^lonies, that after fix or nine months' credit, if payment be not made, intereft fhall be allowed. Bad debts muil be ex- pelled more or lefs in all extenfive trade. Perhaps they are not more frequent in the colonies than amoug the like number of traders in England. The cod and whale fiihery are in a more ilourliliing ftate than formerly. The vclfels employed in cod fifhing have been more numerous, but they were fmall fliailops, and 4QQ, THE HISTORY OF [Ghap. IV. and one of the fchooners now employed in that fifhery take3 as much fifli in a feafon as two fhallops ufed to do.* The French are fuppofed to maintain a fiiherman at lefs cj'penfe than the Enghlli. Be it fo, the Engliih catch and make their ftfli at iels expenfe than the French, not- "withflanding. Five or fix weli-fed Marblehead or Cape Ann men, catch as much fifn as ten or twelve meagre Frenchmen in the fame time. The French find their account in taking what they call their muid or rnud fifli when the Englifh cannot. This is owing to the vent which the French markets afford for that fort of fi(h. In what they call a fedentaire, and we a fhore fifliery, we fliali aKvays outdo 'them, unl^fs the ports of the other na- tions in Europe, as well as thofe of the French, fliould be fliut againfi us. If every family in Britain fhould make one dinner in a week upon New England cod fifh, it would caufe an amazing increafe of the confumption of Britifli manufactures. It is certain, that before the war of 1744 the French fiiliery declined. They ^ed to go from Louiibourg to Canfo and buy the Enghfh fifli for the French Europear^ markets, becaufe it came cheaper to them than they could catch and make it. " ' The increafe of the confumption of oil by lamps as well as by divers manufaiSlures in Europe has been no fmall encouragement to our w^hale fifhery. The flourilhing ilate of the ifland of Nantucket muft be attributed to it. The cod and whale fifhery, being the principal fource of our returns to preat Britain, are therefore worthy not only of provincial but national attention. Formerly the trade to Newfoundland was valuable^ The increafe of the northern colonies has carried from us great part of the fupplies we ufed to make. Our late- began commerce with Nova Scotia is valuable, but will not compenfate for this lofs. The manufacture of pot-afh promnfes great benefit to the colonies. It is to be wiflied they may meet with no difcouragement. Frauds in package and adulteration cannot * 7"ne fafliion of the rjcrgh^g and falls of a fchooner is challenged as a Ne-nr England invention, the firft is faid to have been built at Cape Ann, about the year 2714, by captLiiu Andrew Robinfon. . • - ■ ■ I749-] MASSACHUSETTS. 401 cannot be of any long continuance. The lecfl th^t can be done by every government where it is manufadured, is a law to compel every perfon to fet his name, and the name of the town where he Hves, upon the caik in which he packs his pot-afli. This will ro a great way towards preventing fraud. Should the Ruflian traders combine to under -fell thofe who import from America, yet it will be confidered that the RuiTian trade is drawing every year from the nation a large balance in bullion, whereas the increafe of imports from the colonies only tends to an increafe of national exports, and the body of the nation will combine againfl the Ruflian traders. I remember one advantage from paper money. Upon the depreciation, from time to time, the wages of feamen, and the rate at which coafting veflels and others were hired, did not immediately rife in proportion to the rife of filver and exchange with London and other parts of the world. We were thus led to employ our veiTcls as carriers to and from many parts of the continent, the Weft Indies and Europe, becaufe we let them upon cheaper freight and hire than any other colony would do. The war in 1744 gave a turn to this part of bufmefs ; but we may learn from what happened then, without any premeditated plan or defign, what we are capable of, viz. navigating our velTels, efpecially if further improvements be made in the conftruction of them, with fo little ex- penfe as, like the Dutch in Europe, to become carriers for America. The advantage, in this particular inftance, of the redudion of the price of labour, Ihews us what improvements might be made in other branches of trade aid manufacture, if ever it Ihould be reduced in propor- tion to the price in Europe, compared with the price of the necelTaries of life. It was hard parting w^ith a frde open trade to all parts of the world, which Maflachufetts carried on before the prefent charter. The principal acts of parliament were made many years before, but there was no cuftom-houfe eftablifhed in the colony, nor any authority anxious for carrying thofe acts into execution. It wa) They feenied cautidufly to have referved as much of their natural Hberty as cduld be confident with the mainte- nance of government and order. This was rational, and every thinking man, when he firft quitted the (late of nature, vvould do the fame. Lord chief juftice Holt faid, in the cafe of Blankald v, Gaidy, that in cafe of an uninhabited but the bithop had further end and ufe of hin prcfence, for he nbw began to question Mr. Winflow of many thmgs, as of teaching in the church publickly, of which Mor- ton accufed him, and gave evidence that he had fcen and heaz-d him do it ; to •which" Mr. Winflow anfv>ered, that fometimes, wanting a miniiler, he did exercife his gift to help the edification of his brethren when they wanted better means, which was not often. Then about marriage, the which he aifo couxeffed, that having been called to place of magiftracy he had fometimes married fome ; and further told their lord- ililps that marriage was a civil thing, and he found no where in the word of God that it was tied to a minifter; Stgain, they were neceflitated fo to do, having for a long time together at firft no minlfter, befides, it were no new thing, for he had been fo married himfelf in Holland by the magiftrates in their State-houfe. But, in the end, to be fl-iort,l>y tkefe things, the bifhop by vehement importunity got the board at laft to confent to his commitment, fo he was carried to the fleet and lay there feventeen •weeks or thereabouts before he could gtt to be releafed. The other defign by this bufinefs and other things concurring, was fruftrated, which was no fmall blcflling to the people here." Mr. Winflow fettled at Marfiifield upon a valuable tra6l of land which now belongs to his eldeft male defcendant. A rare inftance among us. To his eftatc he gave the name of Carefwell, and from thence dated many of his letters to governor Winthrcp, with whom he was very intimate, and frequently came from thence to Bofl:on to vifit him, fometimes, perhaps, by water, but often by land, not as governors travel at this day in a chariot or polt-chaife, but for fome of the firft years At leaft, upon his feet. In the fame manner governor Endicot travelled from Salem to Bofton. I was pleafed with this paragraph of a letter from him to his fucceflbr, _ gbvcrnar Winthrop. '* Salem, 1 2th of April, 1 63 1. Right worftiipful, I did hope to have been with you in pe'rfon at the court, and to that end I put to fea yefterday and was driven back again, the wind being ftiiF a;gainft us, and, there being no canoe or boat at Sawgus (Lynn) I muft have been conftraihed to go to Myftick and thence about to Charkftown, which at this time I durft^ot be fo bold, my body being at prefent in an ill condition to wade or take cold, and therefore I defire you to pardon me." I cannot help revering our good forefathers, who cheerfully expofed themfelves to thefe hardfhlps. Mr. W inflow's foii was firft an aflTiftant, then governor of the col- ony, his grandfon one of the council for the Province, and many years at the head of the county of Plymouth, one of his great-grandfons loft his life fighting for his coun- try, (p. 27 7) and two others are now living in repute, and in ofiices of honour and truft, and there are many reputable branches of the name and family in different parts of the Pi'ovince. William Brewfter was highly efteemed by the whole company, was their ruhng elder in Holland, which feems to have been the bar to his being their o-overnor, civil and ecclefiaftical office in the fame perfon being then deemed incom- patible. Mr. Bradford gives this account of him. " After he had attained the knowledo-e of the Latin tongue and fome infight into the Greek, and fpent fome fmall time at Cambridge ; and then, being firft feafoned with the feeds of grace and virtue, he went to the court and ferved that religious and godly gentleman, Mr. Da- vlfon, divers years, when he was fecretary of State, who found him fo difcreet and faithful, that he trufted him above all other that were about him, and only employed him in ail matters of greateft truft and fecrecy. He efteemed him rather as a fon than a fervant,and for his wifdom and godlinefs, in private, he would converfe with him more like a friend and familiar than a mafter. He attended his mafter, when he was feut in ambafl'age by the queen into the Low Countries, in the earl of Leicefter's time.— He afterwards remained with him till his trouble, when he was put from hi« place APPENDIX. 41^. uninhabited country newly found out by Englifh fubje<^s, all laws in force in England are in force there, and the court agreed \vjth him. Uutil they Hiould agree upon laws fuited to. their peculiar circumftances, our PHmo- theans refolved to make the laws of England their nile of government, which, Mr. Hubbard fays, " they were willing to be fubjecl unto, although in a foreign land," and it fcems they dilTered much in this rcfpetft from the Maflachufetts colonilb, and never eltablillied any diftin»5t code or body of laws, place about the death of the queen of Scots, and feme time after, doing h'm many faithful offices of fcrvice in the time of his troubles. Afterwards he went and livcvl in the country in good efieem among his friends and the genticmen of thofe p?.rts, rfpecially the godly and religions. He was the chief of thofc that were taken at Bofton, and fuffcred the grcatcft lois. After lie came iiuo Holland he fufferci much hardfnip, having fpent moft of his means, having a great char^; => and many children, and in regard of his former breeding and courfe of life not I'o fit for- many emplcv- ments as others were, efpecially fuch as were tollfom*' and laborious, in tlie latter part of the time fpent in Holland, his outward condition was mended. He fell into a way, by reafon he had the Latin tongue, to teach many ftudcnts who had a dc fire to learn the Englifli tongue, for he drew rules to learn it after the Latin m.inner, and mar.y gentlemen, both Danes and German"?, reforttd to him, as they had time from their other ftudies, fome of them being great men's fons. Removing in:o thi^^ coun- try, thcfe things were laid afide, and a new courfe of I'vin^ muft oc fi.b.-nitted to, in which he was no way unwilling to ta!:e his part and to bear h ;s burthen with tlie ref:, living many times without bread or corn many m.snths together, many times having nothing but fiih, and often wanting that alfo, and drank novhir-c but water for matiy years together, yea, till within five or iix years of his, death, and yet he lived, by the blelTing of God, in health till very old a,x"," &c. He lived until 1643, and then died "at the age of 84. His grandfon, William Brewfter, was deacon of the church at Duxbury. Many of his pollerity, I am informed, are living in that colony. Ifaac Allerton or Alderton,the firft airillaai;, was employed feveral times to negociate mat- ters in England relative to their trade, and at length left them and fettled there. His male pofterlty fettled in Maryland. If they be extinift, Point Alderton, Avhicli took his name, will probably preferve it many ages. Miles Standilh is faid, by Mor- ton, to have been " a gentleman of Lancalhire, heir to a great eftate, furreptitiouHy detained from hi.m, his great-grandfather being a fecond or younger bvofher of the houfc of Standifii," had been a foldier in theLow Countries, and was thought, although of remarkable fmall frature, the moll proper perfon for their chief military officer as long as he lived. Many things are faid of his notable fcrength and courage. When the news of the firft Indians being killed, by him, came to Mr. Robinfon in Holland, he writes to his church to confider the difpofition of their captain, who it fecms was of a warm temper, and he hoped the Lord had ftnt him among thcni for good, if they ufcd him right ; but Mr. Robinfon doubted whether there w^as not wanting that tendernefs of the life of man, made after God's image, v.'hieh was meet, and he thought it would have been a happy thing if they had converted fome before* tiiey had killed any. It fecms Standifii was not of their church, at firiT-, and Mr. Hubbard fays he had more of his education in the fchool of Mars than in tha fchool of Clirifl. He acquired, how^ever, the efleem of the whole colony, and died in 1656, much la- mented. His farm in Duxbury retains the name of Captain's Hill to this day, and fome part of it yet remains in the poffeffion of one of his poflerity. William White was remarkable for being the father of the firfl-born child. Peregrine WTiite, who lived until 1 704. Stephen Hopkins was one of the afiiilants, and feems to have been much employed in their public affairs. Purchafe mentions one Stephen Hop- kins, one of Sir George Somers's company at Bermudas, as being difaffeAed to their civil and ecclefiaflical regulations, and a promoter of fcparation.'and not unlilrely to be the fame perfon. He was the anceftor of Mr. Hopkins of Providence, the prefent governor of Rhode Ifland. Richard Warren is mentioned by Bradford as a moil ulefal C C 2 4H A P 1? E N D I X. hws, but " added forae particular municipal laws of their own, fuitabl'e W their conlHtution, in fuch cafes -where the common law and the ftatK ttes of England could not well reach and afford them help in emergent difficulties, following the advice of Pacuvius to his neighbours of Capua,. not to cafhier their old magiflratcs till they could agree upon better to- place in their ro»m." Cartwright, who had a chief hand in i;educing puri- tanlfm to a fvflera, held, that the magiilrate was bound to adhere to the judicial law of Mofes, and might not punifh nor pardon otherwife than they prefcribed, and him the MalTachufetts people followed. It mud be allowed that, in fome itrtlances, the Plimptheans run into the fame errors with Maffachufetts people, and eftablifhed penalties difproportioned to the olTences. A young fa(5tor, who came from Virginia, was captivated with the charms of an" Indian gir^, and the effeds of a criminal converfation loon appeared. He found fufpiclons riling agalnft him, and had no other way to avoid whipping bu;t to leave the colony. Accordingly he privately departed to the colony from whence he came, where I fuppofe his offence would not have been thought very heinous-. If he had forged a deed he rriioht have efcaped with a moderate fine. I would not be underfliood to intend that fornication fhould pafs with impunity, but certainly forgery requires a more infamous punilhment. Bat this was not all. It was thought by one,* at lead, among themfelvcs, that fome enormous Sodomit- ical crimes committed by profligate perfons who had mixed among them, were ovt'ing to the fevere penalties annexed to lafcivious a<51:s, which, though lefs crirtiinal', were more fufpeded and more likely to be difcovered by their cc-nfeqiit^nccs. Wc do not condemn the laws for retraining human palTions ufeful man among them the fhort time he liv^ed, dying in 1628 ; his fon, grandfon and great-grandf'on have been lince employed in public pofts in the colony and Prov- ince. John Alden Was many years an afTiilant, arid feveral of his defccndants have fuftained public offices, and fome of them are now living : So are the defcendants of ]ohn Howland. I can give no account of the reft of this company. Timothy Ha- therly was a merchant in London, engaged with them from the beginning, and came over two or three years after the firft. He was the principal founder of the town «f Scituate, and was an affiftant : So was Thomas Willett', who cartic from London in 1 6 29, and was a principal trader with the Dutch at Manhados,and in futh efleem with them that they chofe hinl a referee to fettle their controverted boundary with the" colony of 3S'ew Haven. He lived many years after, and died at Swanzey. His fon' was one of the firft fettlers of the Narraganfet country in the beginning of this cen- tury, and his grandfon, Francis Willet, efquii'e, is a perfon of diftinguilhed chara6tcr' in that colony. William Thomas, Edmund Freeman, James Cudworth, Thomas^ tiouthworth, were all affiftants, and their families flill remain in the colony. I may not omit taking notice of Richard Bourne, an early fcttler, and a moft zealous and iridefiitigable promoter of the gofpel among the Indians, and though 1 do not find him named in the magiftracy iiimfelf, yetf two of his defcendants have been of the' council for the Province, and feveral more arc now living of very reputable charac- ters, and diftinguiflled by pofts of honeur and truft. Thefe were the founders of the colony of New Plymouth. The fettlement of this colony occafioned the fettkment of Maflachufetts, which was the fource of all the other colonies of New England. Virginia was in a dying ftate, and feemed to revive and flcurifti from the example of New England. I am not preferving from oblivion the names of heroes whofe chief merit is the overthrow of cities, provinces and empires, but the n^nesof the founders of a flourilhine town and colony, if not of the whole Britifh empire in America.. * Bradford. APPENDIX. 415 fpaffions and natural propenfities, but they will fomctlmcs, like waters clofe clammed or pent up, feek vent and break through with greater violence. They thought the magiflratcs, being God's minirters, were bound to punilh all offences in their courts in the fame proportion as the fupreme Judge would punifli them in the court of heaven. They had no fcruples cf their authority by virtue of their combination to infiid corporal puniHimeiit for le/Ter offences. They had been ten years combined before any capital offence was committed. In 1630, John Bil- lington, who had flipped in among them when they were at London, not being one of their church, lay in wait for his conipaniDn Vv'ith whom he was offended, and woufided him, fo that he died prefently after. They were in doubt of their authority to pafs f entence of death. They had jull obtained their patent from the council of Plymouth, which gave all the powers which they had authority to give ; but if the council, by their pat- ent, had no authority to infiidl capital puniihment themfcives, it mi^jht well be inquired how they could give this power to their fubftitutes. Their chief reliance, therefore, fcems to have been upon the voluntary fubr mifEon of this offender among the reil to the laws and orders of the whole body. This, from a mere moral confideration, might induce them to pro- ceed to trial and puniihment, but as they were within the dominions of Great Britain, and had no conOitutionaJ authority to erect courts of juftice, fcruples of the legality ftili remained. They therefore applied to their neighbours in Maifachufetts, and praj-ed their advice. Mr. Winthrop, having confulted with *' the able-ft gentlemen there," concurred v/ith the opinion at Plymouth, that the man ought to die and " the land be purged from blood." This was founded upon the divine command, " Whofoever fheddeth man's blood,'' &c. which was not in any cafe to be difpenfed with. Although they were not clothed with legal authority, they qbferred, neverthelefs, the forms of law, and both grand jury and pe-tty jury w'ere impannelled, and after indidtmcnt, verdii5l and fentence, the crimicnl v/as ex- ecuted. I find no fcruple afterwards of as full, authority in ail cait:s what- foever, as any of the charter governments or Xny gGvernment by royiJ commilfion, until after the refbration of king Charl,es II. Mr. Carver, the firft governor, died (uddeuly a few months after their arrival. They chofe William Bradford to fucceed him, and Ifaac AUcr- ton his afTiflant ; but gave this reafon for choofmg an afTiftant, that Mr. Bradford was upon recovery from a fit of ficknefs, and i^nable to bear the whole burden ; hov/ever, it ferved for a jirecedent, and the fame perfons were annually eleded governor and afTiifvint until 1624, when they added four perfons more for afliflants, and gave the governor a double voice, and in 1^33 two more, after which they kept to the number of feven affilbnts, until they lubmittcd to king James II. his commiflion to Andros. In feventy years they had no more than fjx different perfons governors. In popular governments, where the ele*5tions are freciuent and chmges rare, it is ordinarily a proof of a fpirit of virtue, and a prcfumption arifes that they have pitched upon perfons well qualified ; and on the contrary, frequent fhifting from one perfon to another, and from one fet of ofEcers to another, with continual animofities, contentions and flruggles between the two parties, which we have feen inlUnces of in the colonies* is a proof that this fpbit is not predominaat. Bradfuri, 414 APPENDIX. Bradford, who fucceeded Cirver, was chofen annually from 1621 unul he died in 1657, except in 1633, ^^3^ 2.n4 1644, when Edward Winflo\gr was chofen, and 1634 when Thomas Prince was chofen, who alfo fucceed- ed Bradford and was annually elected, until his deat^ in i673, when Jofias Winflow fucceeded and continued until he died in 1 680, and was fucceeded by Thomas Hinkley, who held the place, except in the interryption by Andros, until the juticlion vyith Maffachufetts in 1692. Ida not find when they firft chofe a deputy governor or gave an affift- ant the name of deputy governor, for I know of no peculiar fhare of power ; but in the latter part of the patent, William Bradford, fon to the firli: governor, is named deputy governor. The charters of the thre«r New England charter governments mentioning fuch an officer prob- ably led them to a conformity. They had no houfe of reprefentatives untij the year 1639.* There feems to have been no occafion for one before. Their number was fmail, the eleiflion of governor and affiftants annual ; they v/ere to all intents and purpofes the reprefentatives of the peoJ)Ie, and indeed, when the colony increafed, the increafing the number of affiftants might have anfwered ail the purpofes of chopfmg the fame number with an- other name. The people of MaiTachufetts had fome fpecial reafojis which the people of Plymouth hid not. They were limited by charter to eighteen alhftants. The people were not fatisfied that the whole powers 01 govern- ment Ihould be in fo few hands; They could have a remedy in no other v/ay than by creating a dif lind body of men to fliare with the governor and affiftants in acls of government. The people of Maffachufetts, from th^ beginning, endeavoured to preferve two diftinft )-anks or orders of men, gentry and commonalty.f There was a general difpofition to ele^l the governor, &c. from the former rank ; their minifters preached it as a Chris- tian and moral duty. Thar the comm.onalty, pr, as they exprefied them- felves, the generality, might come in for a fliare, they formed a new body by the name of reprefentatives, although their charter knew nothing of it. Whiiil they were few in number, fo that the whole body could affem- ble in one place, the whole were frequently convened to determine upon matters executive as well as Icgiflative.:}: When they \yei% increafed and were divided into toAvns remote from the centre, this became impradicable. They then feem to have followed the model of MaiTachufetts, the governor and affiftants being the fupreme judiciary power and fole in judging high offences, lefter offences being cognizable before inferior courts and fingle magiftrates, and in civil matters appeals alfo lay from inferior- jurifdiclions to the fupreme. I ftiall briefly touch upon their ecclefiaftical affairs. I fuppofe this peo- ple were the firit who took or received the name of Independents, which in * At the general court held the 4th of June, 1639, committees or deputies fent from each town, four from Plymouth, tv^'o from Duxborough, two from Scituate, two from Sandwich, two from Cohannet (Taunton) two from Yarmouth, two from Barnftablc. Co/orry records. In June, 1 649, it was ordered that Plymouth fhould fend only two. t Vol. I. Appendix, No. 3. ^ At a general court held the ayth of March, 1634, it was ordered that all ac- tions either of debt or trelpafs under 40/". be tried hy the governor and aflillants wltliout the trouble of the whole body. dlony reurd^, ' APPENDIX. 415 in a few years after was the name ^Iven to a body of men in England who aflumed the government there. When they firft went to Holland, they were known by the name of Brownlfls. Some of the charat^eriftic; of Brownifni they afterwards difcJaimed, and at tlie fame time difclaimed the name, which was generally odious, the chara(n:er of the founder of the fe(ft being, at beft, problematical. Befides, he renounced his principles and returned to epifcopacy. The Puritans they could not conform to, and therefore conlidered themfelves as a diftin*^ church or by themfclves independent of all other. Cardinal Bcntivoglio makes them a di(Hn(ft feft in Holland by the name of Puritans, though he was unacquainted with their inducement to leave England, and luppofes it commerce and not religion,* The Maffachufctts people refined and took die name of Con- gregationalids, although it will perhaps be difficult, at this day, to fhcw any material difference between the churches of the two colonics ; for al- though Plymouth never edabliflied by a«51: of government the Maffachufctts platform, yet in pradice they feem generally to have conformed to it. Whiift they expected their r.'nirter from Holland they were without the lacraments ; they had conftant public worfhip, their pious elder gene- rally praying and preaching, or as they then termed it prophcfying, and fometimes one or other of the brethren befl: gifted or qualified. After their minifter*s death, they made trial of four or five, but fome were of bad morals, others of principles not approved, and others met witli bet- ter offers, fo that they had no minifter fettled to their fatisfadion until Mr. John Reyner came among them in the year 1636. The whole col- ony made but one church until the year 1633, when thofe brethren who lived on the fide of the bay oppofite to the town, where Duxbury now is, broke from the refl becaufe of the difficulty of travel, and became a dif- tin6t fociety. Perhaps their being fo long without a minifler at firft, might be the rcafon why they were lefs- anxious to be furnifhed with minifters, immediately upon their fpreading and forming new towns and fetilements, than their neighbours in Maffachufetts and Connedicut. Confidering the rapid increafe of Maffachufetts and Conneclicut, it may not be amifs to give the reafons of the very flow growth of Plyn^outh, for in thirteen or fourteen years the whole colony was not becom,e too nu- merous for one middling tow^n. They had pitched upon fmie of the poorefl land in New England, and had frequent thoughts of quitting it. In 1623, their brethren write from Lej'den, and define, that fteing by God's providence '* that place fell to their jot, they would not leave it nor languifh after other places, though they had difcovered more rivers and more fertile places than where they were ;" but in 1633, they took poffeffion of Connedicut river, and built and fortified a houfe for trade, where Hartford now is, and afterwards when Maffachufetts dif- poffefTed them, they urged among other reafons for holding pofleflion, that " they lived upon a barren place where they were by neceflity caft, and neither they nor theirs could long continue upon the fame, and whv fliould * I Puritan! aneora vi fon toleratt, che fono i p'tu piir'i e / piu rigU'i Culviniji'i, i quali non vocrliono riconofcerg aiitorifa alcuna ne magijirati pvlitici fupra il governo de Uro miryiri beretici, e fono quaft tutti de Puritani d^Jnghiltjrra, che per occafion di comm^-rcio frcqucntan VOllavJa, e Is altra Provincic UniL\^ — l)clla relatione dcllc Provincic, ts^'i. 41^ APPENDIX, (hoiild they be deprived of that which they had provided and intended to rtmoye to as foon as they were able. * In the next place, the plan they fet out upon was not to make a great colony in a Httle tirae, but to preferve a pure and diftinft congregation j they neither defired any people of a different perfuafion to mix with them, nor did any fuch incline to go among them. When one of their number- was hanged ten years after the fettlement began, it was remarked that he ,had been a profane perfbn, and guilty of other mifcarriages before that for which he fuffered, and that by means of fome of his friends in London he had been fhuiHed in among them. If all in England, who called them^ felves Brownifts and Independents at that day had come over with them, they would fcarcely have made one confiderable town. Indeed, a feur years after, mofl of thofe who had before been called Puritans, were will- ing enough to own th^ fame principles with them, though they did not like the name. . We may add one caufe more, viz. that their views when they left En- gland were rather to eftablifh a factory t.^an a colony. They had no no- tion of cultivating any more'ground than would afford their own neceffary provifions, but propofed that their chief fecular employment fhould be commerce * Ml-. Bradford among the proceedings of the year 16^;^ places their poffeffion of Connecticut river. " Having had formerly converlc and familiarity with the Dutchj as is before remembered, they feeing them feated here in a barren quarter, told them of a river called by them the Frefli River, but now is known by the name of Conighticute River, which they often commended to them for a fine place both for plantation and trade, and wifhed them to make ufe of it, but their hands being full otherwife, they let it pafs j but afterwards there coming a company of banilhed Indians into thefe parts that were driven out from thence by the potency of the Pe- quods, they often folicite4 them to go thither and they fliould have much trade, ef- pecially if they would keep a houfe there, and they began to fend that way for dif- covery and trade with the natives. They found it to be a fine place, but no great Itore of trade, but the Indians excufed it by reafon of the fear they were in of their enemies. They tried divers times and not without profit, but faw the moft certainty would be by keeping a houfe there to receive the trade when it came down out of the inland. The Indians, feeing they were aot very forward to build there, foiicited them of MalTachufetts in like fort, (for their end was to be reftored to their country again) but they in the bay being lately come were not fit for the fame, and fome of their chiefs made a motion to join with the partners here to trade jointly in that river, which they were willing to embrace, and fo they would have built and put in equal flock together. A time of meeting was appointed at MalTachufetts, and fome of the chief here were appointed to treat with them, and went accordingly ; but they caft many fears of danger and lofs and the like, which were perceived to be the rnain obftacles, though they were not provided of trading goods ; I)ut thofe here offered to put in fufiicient for both, provided they would become engaged for the half and prepare againfl the next year. They confelTed more could not be oifered, fcut thanked theui and told them they had no mind to it. They then faidthey hoped it would be no ofFci^ce if they went on without thcmJ They faid there was no rea- fon they fhould, and thus the treaty broke off. Thofe here took convenient time to make a beginning tiiere, and were the firfl Englifh who both difcovered that place and built in the fame. But the Dutch began now to repent, and hearing of their purpofe and preparation, endeavoured to prevent them, and got in a little before them, and made a flight fort, and planted two pieces of ordnance, threatening to flop their paffage ; but they having made a fmall frame of a houfe ready, having a great new bark, th^y flowed their frame in her hold and boards to cover and finilh it, hav- iiij^ nails, &ZZ. fitting for their ufe 1 this they did the XHth?r that they niight haVe apref^- APPENDIX. 417 commerce v/Ith the natives ; and they entered into contra^^ with a com- pany of twenty or more merchants and others, many of them belonging to Briflol, who were to furnilh them with goods, and at the end of fcvcn years the profits were to be divided equally between the merchants in En- gland and the colonilh, all the houles and improved land to be valued in the joint (bclc. This laft circumftance was a lufficient bar to any extra- ordinary improvement of the lands. Here I cannot help remarking thiit they had a fine opportunity of making fortunes, having few or no rivals ; and the Indians were charmed with European goods, as well to adorn as to clothe themfelves, and goods fold at grc.it advance and the furs came cheap ; but a variety of misfortunes and lofles by fea for feveral years to- gether kept the balance againll them. They were but little acquainted with trade, and perhaps our forefathers were not fo worldly-minded as their pofterity have fince been. At firft they made every man a partner. Every man's perfon was valued at ten pounds* interefl in the ftock, and his whole time was to be employed for the common benefit. He that had 90I. in the general ftock, with the addition of lol. for his perfon, was to iliare ten times as piuch as he who had no fubftance at all. This was a hard bargain for the poor, and I fhould not wonder if perfons who could cnt defence againfl the Indians, who were much offended that they brought home and rcftored the right fachem of that place, called Natuwannute ; fo that they were to encounter with a double danger in this attempt, both the Dutch and tho Indians. When they came up the river, the Dutch demanded what they intended and whither they would go ; they anfwcred up the river to trade ; now their order was to go and and feat above them.r— They bid them ftrike and flay or elle they would fhoot them, and flood by their ordnance ready fitted ; they anfwered they had commiflion from the governor of Plymouth to go up the river to fuch a place, and if they did fhixit, they mull obey their order and proceed, they would not molefl them, but would go on. So they pafTcd along ; and though the Dutch threatened them hard, yet they {hot not. Coming to their place they clapped up their honlc quickly and landed their provifions, and left the company appointed and fent the baric home, and after- wards pailifadoed their houfe about and fortified themfelves better. They did the Dutch no wrong, for they took not a foot of any land they bonglit, but went to the place above them, and bought that tradt of land which belonged to thofe Indians which they carried with them and their friends, with whom the Dutch had nothmg to do." Bradford's MS. I cannot let this extract paf, without an obfervation relative to MafTachufetts. In the controverfy between New York and the two governments of Maflachufetts and Connecticut, the charters to which give them a territory v,'eft to the South Sea, except fuch parts as were poffeffed by any prince or State, the government of New York ^kims to Connedicut River, becaufe the Dutch were in pofTefTion, and it was part of the exception, and therefore the grant of it afterwards tn the duke of York was good. This manufcript of Bradford is the moft ancient memorial relative to this jart of the country which is now extant, and it appears from it that until divers year*; after the date of the MafTachufetts charter the Duf'- had no fort of poffeflion in the Frtfh or Connedicut River, nor any intention oi *"'■ tling there, but encouraged the people of New Plymouth, with whom they had begun a correfpondence and trade, to quit this fettlement and remove thither, and thereupon the Plimothean*;, ft-veral times before the year 163?, went up the river and had began a trade tliere ; but the Dutch, probably alarmed by the formidable appearance of the MafTachufetts colony, then repented of the advice they had given, purchafcd a xx-^&i in the lower part of the fiver, and would have prevented the Englifh from pafling, but failed in the attempt, and they were foon after obliged to quit the river themfelves, and iu 1 650 formally Xclinquifhed all claim or pretence to jurifdidion there. 4i8 APPENDIX. could bring nO money to put in tlie ftock were difcouraged from fettling among them. After the expiration of the feven years, and a fettleinent with' their partners In England, the principal perfons were obliged to become bound for the balance which remained in the hands of the colony or fac- tory, and from that time took the trade into their own hands, exclufive of the poorer fort, who had l])ent feven years in labour and toil, and had re- ceived fubfiftence only, and that oftentimes fcant enough. They had for eight or ten years almoft the whole fupply of the Indians who were near neighbours to them, but their greatefl: expeftations were from the eaflcrn Ir-dians, and they fet up a truck-houfe at Penobfcot and another upon Kennebeck river. The latter they found mod advantageous and fought for a grant ofa convenient tradt from the council of Plymouth, which they obtained in the year 1628, but it was " fo Itrait and il^ bound- ed," that the next year, 1629, when a grant was made of the lajids in- tended for the whole colony, the traft of country at Kennebeck was grant- ed anew, and the limits enlarged. They met with fome oppofition in 1634 from perfons employed by lord Say and lord Brook, who claimed a light of trading at the fame place with the Plymouth people, I fuppofe by a grant from Gorges, and a fray happened in which one was killed on each fide. Lord Say's company were Puritans, arid thofe of Plymouth Inde- pendents. The enemies of both reproached both for making religion the profeffed motive to colonizing, and fo foon after killing one another for the iake of beaver.* • This grant upon Kennebeck, within twelve or fifteen years part, from a different conftrudllon of the words which defcribe the limits, has been the caufe of great contention. Perhaps the relation of this aftlon by governor Bradford may afford fome light in the controverfy. I ftiall therefore caufe it to be inferted in the margin exactly as Ji find the words and points in his manufcript.f For * NoUem vl et caede pro evangelic certarl. Luth. f " I nm now to enter upon one of the faddefl things that befell them fince they coine. But before I begin it will be needful to premife fuch parte of their patente jis gives them right and priviledge at Kenebeck. As followeth. The faid counfell liath further given, granted, bargained, fold, infeoffed, allotted, afTigned and fct over, and by thefe prefents, doe clearly and abfolutely give, grante, bargane, fell, alliene, cnffeofe, allote, afligne and confirme unto the faid William Bradford, his heires, afTo- ciates, and afTigncs, All that tradle of land or part of New England in America afFore- faid, which lycth within or betweene, and extendeth it felfe, from tlie utmofl limits of Cobifeconte which adjoyneth to the river of Kenebeck, towards the wefternc ocean, and a place called the falls of Nequamkick in America aforefaid. And the fpace of 15 Engliih myles, on each fide of the faid river, commonly called Ivcnebeck river, and all the faid river called Kenebeck, that lycth within the faid limits and bounds caftward, wcflward, northward and fouthward, laft above mentioned- ; and all lands, ^rrounds, foyles, rivers, waters, flihing, &c. And by vertue of the authority to us derived by his faid late Ma"^!^ Ljres paints to take, apprehend, feife, and make prife of all fuch perfons their {hips and good?, as fhall attemptc to inhabite, or trade, with the favagc people of that countrie within the feverall prefinds, and limits of his, and their feverall plantations. Sec. Now it fo id\ out that one Hocking, belonging to the plantation of Pifcataway, ■wente with a barke, and commodities to trade in that river, and would needs prefs into their limits, and not only fo but would needs goe up the river above their houfc (towards the falls of the river) and intercept the trade that fhould come to them. He that was cheefe of the place forbad thtin, and prayed him that he would' not ©fFer APPENDIX. 419 For two or three years after their arrival all things were in common, no man having any property but what was put into tl^e common ftock and every perfon turnillied with clothing and provifions out of this ilock. A certain f bearing arms in the time of fickncfs the fii ft winter, i^oon after, the potent nation of Narragand't fent to the Engliih a bundle of arrows tiLcS: with a fnake's fkin, as a defiance and denunciation of w-.ir. The Kngliih fUied the flcin with bullets, and fent it back with this anfwer, that they had done them no wrong, did not fear them, and were provided for them, come when they would. The Narraganfets would not fuffcr the bullet* to come near them, and they were moved about from place to place, till they found their way back to the Englifh again, and the Indians remained procured a grant to himfelf for about fifty pounds, but he !:cpt it in hi:* own hands, and refJed to aflign it for Icfs than fue hundred ]>ounds. Thio ^hey juflly complained of as a great breach of truft, and attribute to it fev- ;ral lofies and difappointments he met- with in his intended voyage, v.lJch "rightencd him, and made him aifo look upon them as the punifmr.ent of bis perfidy and to relinquifh hi>s ckirfi. J do not find that thofe vvho em- Joyed him reaped any benefit from the grant. After they l;ad tlieir pat- nt in 1629, they were eafy until the reftoration ; but when Connecticut ,nd Rhode Ifland, who held their lands, or moil of them, under patpnts rom the council of Plymouth, thought it necefTary to folicit and had ob- ained a royal confirmation and charter, giving authority to govern, New Plymouth folicitcd alfo, but they were rather too late. The court began ',0 be jealous of the colonifts. Such fort of charters as had been granted, eft them, it was faid, too much to themfeives ; and althotigh they weie jiot peremptorily refufed, they were put off from time to time, and told that he only difnculty was to fettle fuch a form cf government as Ihould fecure jbeir dependence as a colony, and ihould neyerthelef^ afford to rhem libcr- es^iad privileges to their fatisfadUon. rp, • 422 APPENDIX; This was no eafy matter for both fides to agree upon. This flate of jfufpenfe made the colony more pliable and obsequious than their neigh- bours of Maflachufetts, and particularly, when the commiffioners from king Charles came to New England in 1664, Plymouth Submitted to their determination a controverfy between that colony and Rhode Ifland about bounds, and gave fatisfaclory anfwers to the Several queries propofed to them.* They received a very gracious letter frorn the king, but all ended in bond verba. We can eafily conceive of a parent State growing every day more and more popular in its government, and neverthelefs at the fame time retraining the liberties of its colonies for the fake of continuing the connexion ; but when there is a fcheme of eftablifhing abfolute power in the parent State, how can it be expefted that popular governments fhould be ellablillied in the colonies ? However, no advantage v/as ever taken of their want of authority, and their proceedings were connived at until the {general fnitDwreck of charters in 1684, when an arbitrary government was eftabliffied in the other colonies, and they could not expefl to efcape. All their hopes being ^ an end, they made as loud complaints of oppref- fion, under Andros, as any people of his government, and perhaps with as much reafon, and when the people of Ma/Tachufetts imprifoned him and rc-affumed their charter, Plymouth affuraed their old form of government alfo. Now it was that they firft fenfibiy found the want of a charter. Connedicut and Rhode Ifland, who had refigned their charters, were juf- tined, by the example of the corporations in England, in afluming them again, but Plymouth had none to afiume. Their lirft attempt was to pro- cure a charter and to continue a diftindl government. In this they could not fucceed. Perhaps, if it had been folicited in the befl: manner, they might have Succeeded, but interior divifions prevented any proper meafures being purfued. Mr. Hinkley, their governor, wrote to Mr. Mather, the Maflachufetts agent, to defire him to folicit in their behalf, but the people refufed to advance any money, and {o fmall a fum as twO hundred pounds fterlino could not be raiSed. The inhabitants of fome of the principal towns Subscribed, upon condition the whole Sum fliould be raiSed, and Some of the towns refufmg, the whole fubfcription failed. Such was the efl'eft of their divifions, that neither party would acknowledge the authority of the government when any ad pafled which they did not approve of. Mr. Wifwall, one of their minifliers, by advice of fonie gentlemen in Boflon, went to England ; but having no commilTion, and, which is more fatal to thofe who have affairs at court, no money, he never could make a public appearance, and ferved only to give offence to the mlnift:ry by offering ex- ceptions to the propofal of joining Plymouth to Mafllichufetts, and occa- fioned their being annexed to New York. It is faid they were taken out of Slaughter's commiflion by Mr. Mather's interefl:. Slaughter arrived at New York the year before Phips arrived in Mafl'achufetts, and fent his orders, copy of which I have feen, to Little Compton, In Plymouth colo- ny, in terms as high- and authoritative as if he had been their governor or depended upon being fuch. So that their jundlion with New York Seemed rather Sufj^ehded than SuperSeded until they were adually included in Mafl^achuSetts. We certainly are not in a proper temper when, becauSe we cannot ob- tain all which we think of right belongs to us, we are indifferent whether wc * Vol. I. Chap. ii. Appendix. 423 ^e retain any part of it. I dare fay there is not a man in the colony of Plymouth at this day, who does not think it a moft happy circumftancc that they were annexed to MafTachufetts rather than to New York. And ahhough at firfl there might be jealouiies of unequal diAin*51ions, upon fome occalions, in favour of Maflachufetts, yet they have long (Incc beea at an end, and the cuftoms, manners and religious oninions of the two colonies being much the fame, they mutually confider tlfemfelves as having one joint general intereft, as fully in all refpe^ls as if they had been one colony from the beginning. N^- 11. November, 1637. The Examination of H^rs, Ami Hutchlnfon at the court at Newtovjno Mr JVlnthrop, governor, MrS. Hutchinfon, you are called here as one «f thofe that have troubled the peace of the Commonwealth and the churcli- cs here ; you are known to be a woman that hatli had a great fhare in the promoting and divulging of thofe opinions that are caufcs of this trouble, and to be nearly joined not only in affinity and atfeciion v/ith fome of thofc the court hath taken notice of and paflbd cenfure upon, but you have fpo- ken divers things, as we have been informed, very prejudicial to the hon- our of the churches and minifters thereof ; and you have maintained a meeting and an affcmbly in your lioufe that hath been condemned by the general alfembly as a thing not tolerable nor comely in the fight of God nor fitting for your fex ; and notwithilanding that was cried down, you have continued the fame ; therefore v/e have thought good to fend for you to underftand how things are, that if you be In an erroneous way wc may reduce you, that fo you may become a profitable member here among us, otherwife if you be obfHnatc in your courfe, that then the court may take fuch courfe that you may trouble us no further ; therefore I would entreat you to exprefs whether you do not hold and afTent in praclice to thofe opinions and factions that have been handled in court already, that is to fay, whether you do not juftify Mr. Wheelwright's fermon and the petition. Mrs. HutchhifoTu I am called here to anfwer before you, but I hear ne things laid, to my charge. G01U I have told you fome already, and more I can tell you. : Mrs. H. Name one, Sir. Gov. Have 1 not named fome already ? Mrs. H. What have I faid or done i Gov. 424 APPENDIX; Gov. Why for your doings, this you did, harbour and cotintenahce tKofe that are parties in this fadldn that you have heard cf. Mrs. H. That's matter of confcience, Sir. Go'v. Your confcience you mufl keep, ot it muft be kept for you. Mrs H. Mufl not I then entertain the faints becaufe I muft keep my confcience ? Gov. Say that 6ne brother fhould commit felony or treafon and come to his other brother's houfe, if he knows him guilty and conceals him, he is guilty of the fame. It is his confcience to entertain him, but if his confcience comes into ad in giving countenance and entertainment to him that hath broken the law, he is guilty too. So if you do countenance thofe that are tranfgreffors of the law, you are in the fame fa(5t. Mrs. H. What law do they tranfgrefs \ Gov, The law of God and of the State* Mrs. H. In what particular ? Gov. Why in this among the reft, whereas the Lotd doth fay, Hon- our thy father and thy mother. Mrs. H. Ky Sir in the Lord. Gov. This honour you have broke in giving countenance to them. Mrs. H. In entertaining thofe did I ente;:tain them againft any aft (for there is the thing) or what God hath' appointed \ Gov. You knew that Mr. Wheelwright did preach this fermon, and thofe that countenance him in this do break a lawi Mrs. H. What lav/ have I broken \ Gov. Why the fifth commandmenti Mrs, H. I deny that for he faith in the Lordi Gov. You have joined with them in the fadion. Mrs. H. In what faction have I joined with theni \ Gov. In preferiting the petition. Mrs. H. Suppofe I had fet my hand to the petition, what thca \ Gov, You faw that cafe tried before. Mrs. H. But I had not my hand to the petition. Gov, You have counfelied them. Mrs, H. Wherein ? Gov, Why in entertaining them. Mrs. H, What breach of law is that. Sir \ Gov, Why dlfhonouring of parents. Mrs, H. But put the cafe, Sir, that I do fear the Lord and my parents, may not I entertain them that fear the Lord becaufe my parents v/IU not give me leave ? Gov. If they be the fathers of the Commonwealth, and they of another religion, if you entertain them then you difhonour your parents and are juftly punifhable. Mrs, H, If I entertain them, as they have difiionoured their parents I do. Gov, No, but you, by countenancing them above others, put honour upon them. Mrs. H, I may put honour upon them as the children of God, and as they do honour the Lord. Gov, We do not mean to difcourfe with thofe of your fex but only this % APPENDIX, 4^5 this ; you do adhere unto them, and do endeavour to fct forward this fas- frion, and fo you do difliont)ur us. Mrs. H, 1 do acknowledge no fuch thing, neither do I think that I ever put any difhonour upon you. Gov. Why do you keep fuch a meeting at your houfc as you do every week upon a fet day ? Mrs. H. It, is lawful for me fo to do, as it is all your pravflices ; and can you find a warrant for yourfelf, and condemn mc for the fiime ^hing ? The ground of my taking it up was, when I firft came to this land becaufe I did not go to fuch meetings as thofe were, it w.is prefently reported that. 1 did not allow of fuch meetings, but held them unlawful, and therefore in that regard they faid I was proud and did defpife all ordinances ; upon that a friend came unto me and told me of it, and 1 to prevent fjcli afperJions took it up, but it was in praflice before I came, therefore 1 v/as fiot the firft. Gov. For this, that you appeal to our pra<5lice, 3^ou need no confuta- tion. If your meeting had anfwered to the foriiier it had not b^en aften- five, but I will fay that there was no meeting of women alone, but ypur meeting is of another fort, for there are fometimcs men amon^ you. Mrs. H. There was ncvet any man v.ith us. Gcv. Well, admit there was no man at your meeting and that you was forry for it, there is no warrant for your doings, and by what warrant do you continue fuch a courfe ? Mrs. H. I conceive there lies a clear rule in Titus, that the elder Women fliould znflruft the younger, and then I muft have a time whereia 1 muft do it. Gdv. All this i grant you ; I grant you a time for it ; but what is this to the purpofe, that you, Mrs. Kutchinfon, muft call a company to- gether from their callings to come to be taught of you ? Mrs. H^ Will it picafe you to anfwer me this, and to give me a rule, for then I will willingly fubmit to any truth. If any come to my houfe to be inftruc5ltd in the ways of God, what rule have I to put them away ? Gov. But fuppofe that a hundred men come unto you to be inftruflcd, will you forbear to inilru^ them ? Mrs. H. As far as 1 conceive I crofs a rule in it. Gov. Very well, and do you not fo here ? Mrs. H. No, Sir, for my ground is they arc men. Gov, Men and women all is one for that ; but fappofc that a man ihould come and fay, Mrs. Hutchinfon, I hear that you are a woman that God hath given his grace unto, and you have knowledge in the worcL^f God, I pray inftnidl me a little ; ouolit you not to inlhulain}y. She %vas ver)' tender at the firft. Some of our l»rethreji did defire to put this upon proof, and then her words upon that were — The fear of man is a fnare, why fliould I be afraid ? Thefe were her v/ords. I did then take upon me to arte her this queftion. What difference do you conceive to be between your teacher and us ? §he did not requeft us that we fhould prc- ferve her from danger, or that we fliQuld be filent. Br-lcdy, flic toM me there was a wide and broad difference between our brother Mr. Cotton and ourfelves. I defired to know the difference. She anfwercd that he preaches the covenant of grace and you the covenant of v/orks, and that you are not able minifters of tlic New Tcflament, and know no more than the apoftles did before the refarrection of ChrilL. I did then put it to her, What do you conceive of fuch a brother ? She anfy/ered he had not the feal of the Spirit. And other things we aflced her, bi^t gcfieral'y tlic frame of her courfe was this, t^iat fic did coneeive that wc were not abie jniniftcrs of the gofpel. And that day being pafl, our brother Cotton was forry that fhe fhould lay us under a covenant of works, and QOuld have wifhed flie had not done fo. The eiders being there prefent v/c did charge them with her, and the teacher of the place fjid they v/ould fpeak furtiier with her, and after fome time flie anfwered that we were gone as far as the apoflles were before Chriff's afcenfion. And fmce that we have gone with tears feme of us to her. Mrs. H. If our paftor would flicw his writings you fliould fee what I faid, and that many things are not fo as is reported. Mr. JVilfon.* Sifter Hutchinfon, for the writings you fj)eak of 1 have them not, and this I muft fay, I did not write down all that was faid and did p^fs betwixt one and another, yet I fay what is written I will avouch. Dep. ^Qv. I defire that the other elders will fay what Mr. Peters halh faid. Mr. IVchL\ Being defired by the honoured court, that wliich our brother Peters hath fpoken was the truth, and things were fpoken as he hath related, and the occafion of calling this fifter and the paiT.vges that were there among us. And myfelf aficing why flie did caft fuch af])erf)ons upon the minifters of the country, ^though we were poor finful men, and for ourfelves we cared not, but for the prpcious doftrine we held forth Vv'e could not but grieve to hear that fo blafphemed. She at that time v/as fparing in her fpeech. I need not repeat the things, they have been truly related. She f^iid the fear of man is a fnare and therefore I will fpeak freely, and (lie fpake her judgment and mind freely as was before related, that Mr. Cotton did preach a covenant of grace and we a covenant of works. And * Paftor or one of the minlfccrs of Bofton. I Minifler of Rtxburjr. He wrote th»-hillory of antinombniifm. 436 APPENDIX. And this I rerneniber flis Taid, we could not preach a covenant of grace becaufe we were not fealed, and we were not able minifters of the Ne>sr Tefbment, no more than were the difciples before the refurredtion of ChrilL . r ■ Mr. Phillips.^ Tor my own part I have had little to do m thefe things, only at that time 1 was there, and yet not being privy to the ground of that which our brother Peters hath mentioned, but they procuring me to go along with them, telling me that they were to deal with her ; at firft fhe was unwilling to anfwer, but at length ihe faid there was a great deal of difference bet^ween Mr. Cotton and we. Upon this Mr. Cotton did fay that he could have wifhed that fhe had not put that in. Being aiked of particulars, fhe did inftance in Mr. Shephard that he did not preach a covenant of grace clearly, and flie inftanced our brother Weld. Then I aflced her of myfelf (being fhe fpake rafhly of them all) becaufe fh^ never heard me at all. She likewife faid that we were not able miniflers of the New Teftament, and her reafon was becaufe we were not fealed* Mr. Simmes.f For my own part, being called to fpeak in this cafe to difcharge the relation wherein I fknd to the Commonwealth and that which 1 (bnd in unto God, I fhall fpeak briefly. For my accjuaintance with this perfon I had none in our native country, only I had occafion to be in her company once or twice before I came, where I did perceive that fhe did flight the minifters of the word of God. But I came along with her in the fhi-, and it fo fell out that we were in the great cabin together, and therein did agree with the labours of Mr. Lothrop and myfelf, only there wifs a fecret oppofition to things delivered. The main thing th&t was then in hand was about the evidencing of a good eftate, and among the reft about that place in John concerning the love of the brethren. That which I took notice of was the corruptnefs and narrownefs of her opinions, which 1 doubt not but I may call them fo ; but fhe faid, whep fhe came to Bofton there would be fomething more feen than I faid, for fuch fpeeches w?re cafl about and abufed as that of our Saviour, I have many things to fay, but you cannot bear them now. And being come, and flie defiring to be admitted a member, I was defired to be there, and then Mr. Cotton did give me full fatisfadlion in the things then in queftion. And for things which have been here fpoken, as far as I can remember, they are the truth, and when I aflved her what fhe thought of me, fhe faid, Alas, you know my mind long ago ; yet I do not think myfelf difparaged by her teftimony ; and I would not trouble the court, only this one thing 1 fhall put in, that Mr. Dudley and Mr. Haines were not wanting in the caufe after I had given notice of her. Mr. IVilfon. 1 defire you would give me leave to fpeak this word, becaufe of what has been faid concerning her entrance into the church. There was fome difficulty made, but in her anfwers fhe gave full fatisfac- tion to our teacher and myfelf, and for point of evidencing juftification by fanaification flie did not deny, but only juftificatiou mufl be firft. Our teacher told her then, that if flie was of that mind fhe would take away the fcruple ; for we thought that matter, for point of order we did not greatly ftand upon, becaufe we hoped flie would hold with us in that truth as well as the other. j^^^ * Miniiler pf Watertown. f Minifter of C^arleftpT/n. APPENDIX. 431 Mr. Shtpharrl.* I am loth to (peak in this aflcmbly concerning this igentlcwonian in qucftxon, but I can do no Icfs tlian f])cak wliat my con* fcience fpeaks unto me. For perfonal reproaches I take it a man's wif- vlora to conceal. Concerning the reproaches of the miniflry of ours there hath been many in the country, and tliis hath been my thoughts of that. I-.et men fpeak what they will, not only againfl pcrfons but •gainfl minillry, let that pafs ; but let us ftrivc to fpeak to the cvn- fciences of men, knowing that if we had the truth with us wc ih;iil not need to approve our words by our pra<5tice and our minidry to the hearts of the people, and tliey fliould fpeak for us, and therefore I hiive fi..tisf cd myfclf and the bretliren with that. N;.>w for that v/liLch concerns this gentlewoman at this time, I do not well remember every particular, only this I do remember, that the end of our meeting was to fatisfy ourfelves m iome points. Among the reft, Mrs. Hutchinfun was deiired to fpcr.k her thoughts concerning the miniiters of the Bay. Now I remember tliat ihe faid that we were not able miniders of the New Tellaipent. I fcllov/cd her with particulars ; flic inftanced myfelf, as being at the Icdure and hearing me preach when as I gave fome means whereby a Chriftian miglit come to the afTurance of God's lo.ve. She irJlanced that I was not fealed. I faid why did flie fay fo. She faid, becaufe you put love for an evidence. Now I am fure fiie was in an error in this ^seech, for if aflyjancc be ;.n holy eftatc, then I am fure there are not graces wanting to evidence it. Mr. Eliot. \ I am lo^h to fpend time, tiierefore I Ihall confcrit to what hath been faid. Our brethren did entreat us to write, and a few things I did write, the fubftance of which hath been hejc fpoken, and I have it in writing, therefore 1 do avouch it. Mr. Sbi^hariL I dcfire to fpeak this word, it may be bui a flip of her tongue, and I hope fuc will be forry for \X.f ai?d then we fliall be glad of it. Dcp. gov. *I called thcfe witncifes, and yoa deny them. You fee they have proved this, and you deny this ; but it is clear. You faid they preached a covenant of w^orks, and that they were not able minillers of the New Tcftament ; now there are two other tilings that you did affirm, which were, that the fcriptures in the letter of them held forth nothing but a covenant of works, and iikewife that thufe that were under a covenant of works capnot be faved. Mrs. H. Prove that I faid fo. Gov, Did you fay fo ? Mrs. H. No, Sir, it is your conclufion. Dep. gov. What do 1 do charging of you, if you deny what is fo fully proved. Gov. Here are fix undeniable mlnifters who fay it is true, and yet you deny that you did fjiy that they did preach a covenant of works and that they were not able minillers of the gofpcl, and it appears plainly that you have fpoken it ; and wheieas you fay that it was drawn from you in a way of friendiliip, you did profefs then that it was out of confcience that you fpakc and faid, The fear of man is a fnare, wherefore ihould I be afiaid ? I will fpeak plainly and freely. , r . * Minifter of Cambridge. f MinlfLvr of Roxbr.ry. 432 APPENDIX. ilfrj. H. Tha^ I aafolutely deny, for the firft queftion was thus an- fwered by me to them. They thought that I did conceive there was a difference between them and Mr. Cotton. At the firft I was fomewhat referved, then Taid Mr. Peters, I pray anfwer the queftion direftly, as fully and as plainly a$ you dellre we fhould tell you our minds. Mr?. Hutchin- fon, we come for plain dealing, and telling you our hearts. Then I faid I would deal as plaialy as I could ; and whereas they fay I faid they were under a covenant of works and in the ftate of the apoflles, why thefe two fpeeches crofs one another. I might fay they might preach a covenant of works as did the apoftles, but to preach a covenant of works and to ba Tinder a cove-nant of works is anether bufinefs. Dtp. goii. There have been fix witnefies to prove this, and yet you deny it. Mrs. H. I deny that thefe were the firfl: words that were fpoken. Gov, You make the cafe worfe, for you clearly fhew that the ground ef your opening your mind was not to fatisfy theip, but to fatisfy your own Confcience. Mr. Peters. We do not deGre to be fo narrow to the court apd the gentlewoman about times and feafons, whether firfl: or after, but faid it v/as. Dep. gov. For that other thing I mentioned, for the letter of the fcripture that it held forth nothing but a covenant of works, and for the latter that we are in a ftate of damnation, being under a co\-epant of works,, or to that efFe(5l, thefe two things you alfo deny. Now the cafe rtands thu^. About three quarters of a year ago I heard of it, and fpeaking of it, there came one to me who is not here, but will affirm it if need be, as he did to me, that he did hear you fay in fo many words. He fet it down under his hand, and I can bring it forth when the court pleafes. His nan^e is fubfcribed to both thefe things, and upon my peril be it if I bring you not in the paper and bring the mini[|er (meaning Mr. Ward) to be depofed. 'Gov. What fay you to this ; though nothing be diredlly proved yet you hear it may be. Mrs. H. I acknowledge ufing the words of the apoftle to the Corin- thians unto him, that they that were miniflers of the letter and not the Spirit did preach a covenant of works. Upon his faying there was no fuch fcripture, then I fetched the bible and Ihewed him this place, 2 Cor. iii. 6. He faid that was the letter of t;he law. No, faid I, it is the letter of the gofpel. Gov, You have fpoken this more than once then. Mrs. H.. Then upon further difcourfe about proving a good eftate, and holding it out by the manifeftation of the Spirit, he did acknowledge that to be the neareft way ; but yet, faid he, will you not acknowledge that which we hold forth " to be a way too whereip we may have hope ; no, truly, if that be a way, it is a way to hell. Gov. Mrs. Hutchinfon,-the court you ice hath laboured to bring you to acknowledge the error of your way, fo that you might be reduced ; the time now grows late ; we fhall therefore give you a little more time to confider of it, and therefore dellre that you attend the court again in the morning. ^^^^^ APPENDIX. 43S The n'e:!!t mcrn'ikg. Gov. We proceeded the lafl: night as far as we could in hearing of this caufe of Mrs. Hutchinfon. There were nnt. t 434 A P P E N D I X. were fpoken in private are carried abroad to the public, and thereupon they do under\ralue the niinlfters of congregations. Air. Brotvn.* I defire to fpeak. If I miftake not, an oath is of a high nature, and It is not to be taken but in a controverfy, and for my fart I am afraid of an oath, and fear that we fhall take God's name in vain, for we may take the witnefs of thefe men without an outh. Mr. Endicot. I think the minifters are fo well kaown unto us, that we need not take an oath of them, but indeed an oath is the end of all ftrife. Mrs. H. There are fome that will take their oaths to the contrary. Mr. Endkot. Then it fliall go under the name of a controverfy, ther«r fore we defire to fee the notes and thofe alfo that will fwear. Gov. Let thofe that are not fatisfied in the court fpeak. Many fay^-We are not fatisfied. Go'u. I would fpeak this to Mrs. Hutchlpfon. If the minifters fhall take an oath will you fit down fatisiied f Mrs. H. I can't be, notwithftanding oaths, fatisfied agalnft my own confclence. Mr. Stoiighton. \ I am fully fatisned with this that the minifters do ipcak the truth, but now in regard of cenfure I dare not hold up my hand to that, becaufe it is a courfe of juftlce, and I cannot fatisfy myfelf to proceed fo far in a way of juftlce, and therefore I (hould defire an oath in this as in all other things. I do but fpeak to prevent offenoe if I Ihould not hold up my hand at the cenfure, unlefs there be an oath given. Mr. Peters. We are ready to fv/ear if we fee a way of God In it. {^Here was a parley between the deputy governor and Mr. Stoughton about the oath.] Mr. Endicot. If they will not be- fatisfied y/ith a teftimony, an oath •will be in vain. Mr. Stoughton. I am perfuaded that Mrs. Hutchlnfon and many other godly-minded people will be fatisfied without an oath. Mrs. H. An oath. Sir, is an end of all ftrife, and It is God's ordir nance. Mr. Endicot. A fign It is what ref}>e one fcripture after another, but all this while there is no ufe of the mlniftry of the word nor of any clear call of God by his word ; but the groundwork of her revelations is the immediate revelation of the Spirit, and not by the miniflry of the word, and that is the means by which flie hath very much abufed the country that they fliall look, for reveLitions and' are not bound to the miniftry of the word, but God will teach them by immediate revelations, and this hath been the ground of ull thcfc tuinuiLs and troubles, and I would that thofe were ail cut off from us that trouble us, for this is the thing tliat hath been the root of all the niifchicf. Court, We all confcnt v/ith you. Gov, Ey, it is the mod defperate cnthuCafm In die world, for nothing' but a word comes to her mind, and then an application is made which is nothing to the purpofe, and this is her revelations, when it is inipofTible but that the word and Spirit ihould fpeak the fume thing. Mr, Endlcot, 1 (peak in reference to Mr. .Cotton. I am tender of you. Sir, and there lies much upon you in this particular, for the anfwer of Mr. Cotton doth not free him from that way which his laft anfwer did bring ujxDn him, therefore I befeech you that you'd be pleafed tQ. fpeak a word to that which Mrs. Hutcliinfon hath fpoken of her revela- tions as you have heard the manner of it. Whether do you witiiefb for her or again ft her. Mr. Cotton, This is that I fald. Sir, and nxy anfwer is plain, tl^t if fhe doth look for deliverance from the hand of God by his providence, and. the revelation be in a word or accord irg to a word, that 1 cannot deny. Mr, Em'i'uct, You give "me fatisfadion. Dep, go'iK No, no, he gives me none at all. Mr, Cotton. But if it be in a way of miracle or a revelation without the word, that I do not afTcnt to, but look at it as a delufion, and I think fo doth flie too as I underltand her. Dep. gov. Sir, you weary me and do not fatibfy me. Mr. Cotton. I pray. Sir, give me leave to exprefs myfelf, In that fenfe that fiie ^eaks I dare not bear witnefs againd It. Mr. NoiL-ell. 1 think it is a dcvilifli delufion. Gov. Of all the revelations that ever I read of I never read the like ground laid as is for this. The enthufiafb and Anabaptifts had nevct the like. Mr. Cotton. You know. Sir, that their revelations broach new m?t- ters of faith and do6lrine. Gov. So do thefe, and what may they breed more if they be let alone ? I do acknowledge that tltere are fuch revelations as do concur with tlic word, but there hath not been any of this nature. Dep. gov, I never faw fuch revelations as thefe among the Anabal)t;^I<^, therefore am forry that Mr. Cotton lliould iiand to juftify her. Mr. Peters, I can fay the fame, and this runs to enthufiafm, and I think that is very difputable which our brother Cotton hath fpoken \_^uaTTt'ing'] an immediate promife that he v/ill deliver them \_-zuanting'] in a day of trouble. Gov. It overthrows all. Dep. gov. Thefe diilurbances that have come among the Germans have been all grounded upon revelations, and fo they that' have v'entcii them 444 APPENDIX. them have ftlrred up their hearers to take up arms againfl their prince and to cut the throats of one another, and thefe have been the fruits of them, and whether the devil may infpire the fame into their hearts here I know not, for I am fully perfuaded that Mrs. Hutchinfon is deluded by the devil, becaufe the Spirit of God fpeaks truth in all his fervants. Gov. I am perfuaded that the revelation (he brings forth is delufion. [All the court but fome two or three minifters cry out, we all believe it — v/e all believe it.] Mr. End'icot. J fuppofe all the world may fee where the foundation of all thefe troubles among us lies. Mr. Eliot. I fay there is an expectation of things promifed, but to, have a particular revelation of things that flull fall out, there is no fuch thing in the fcripture. Go%K We will not limit the word of God, Mr. Collicut.'^ It is a great burden to us that we differ from Mr. Cot-, ton, and that he fliould juftify thefe revelations. I would entreat him to anfwer concerning that about the deftrudlion of England. Gov. Mr. Cotton is not tailed to anfwer to any thing, but we are to deal with the party here ftanding before us. Mr. Bartholomew^. My wife hath faid that Mr. Wheelwright was not acquainted with this way until that fhe imparted it unto him. Mr. Broavn. Inafinuch as I am called to fpeak, I would therefore fpeak the mind of our brethren. Though we had fufficient ground for the cenfure before, yet now fhe having vented herfelf and I find fuch flat contradi(5tIon to the fcripture in what rtie faith, as to that in the firft to, the Hebrews — God atjundry ttm^s /pake to our fathers — For my part 1 underhand that fcripture and other fcriptures of the Lord Jefus Chrift, and the apoftle writing to Timothy faith, that the fcripture is able to make one perfed — therefore I fay the mind of the brethren — T think fhe deferves DO iefs H cenfure than hath been already pafl, but rather fomething more, for this is the foundatior^ of all mifchief and of all thofe baflardly things which have been overthrowing by that great meeting. They have all come out from this curfcd fountain. Gov.^ Se'eing th.e court hath thus declared itfelf, and hearing what hath been laid laid to the charge of Mrs. Hutchinfon, and efpecially what fhe by the providence of God hath declared freely without being aflied, if tnerefore it be the mind of the court, looking at her as the principal caufe of all our trouble, that they would now confider what is to be done to her . • -^ Mr. Coddlngton. I do think that you are going to cenfure, therefore I dcfire to fpeak a word. Gov. I pray you fpeak. Mr. Coddlngton. There is one thing obje^ed againfl the meetings. What if ihe defigned to edify her own family in her own meetings, may none elfe be prefent ? Gov. U you haT'e nothing d^c to fay but that, it is pity, Mr, Coddlng- ton, that you fhould interrupt us in proceeding to cenfure. Mr. Coddmgton. I would fay more. Sir, another thing you lay to her charge is her fpeech to the elders. Now 1 da^'^ot fee any clear witnefs again^ * A deputy, ! know not for what town, but I take him to be an inhabitant of ^pftpn ^nd a principal merchant. APPENDIX. 44S againft her, and you know it is a rule of the court that no man may be a judge and an accufer too. I do not fpeak to difparage our elders and their callings, but I do not fee any thing that they accufe her of witnefled againft her, and therefore I do not fee how flie (hould be cenfured for that. And for the other thing which hath fallen from her occafionally by the Spirit of God, you know the Spirit of God witnefles with our fpirits, and there is no truth in fcripture but God bears witnefs to it by his Spirit, therefore I wowld entreat you to confider whether thofe things you have alleged againft her deferve fuch cenfure as you are about to pafs, be it to banishment or imprifonment. And again here is nothing proved about the elders, only that flie faid they did not teach a covenant of grace fo clearjy as Mr. Cotton did, and that they were in the (late of tiie apoftlcs before the afcenfion. Why I hope this may not be offcnfive nor any wrong to them. Gov. Pafs by all that hath been faid formerly, and her own fpeechcs have been ground enough for us to proceed upon. Mr. Coddington. I befeech you do not fpeak fo to force things along, for I do not for my own part fee any equity in the court in all your pro- ceedings. Here is no law of God that fhe hath broken nor any law of the country that fhe hath broke, and therefore deferves no cenfure, and if Ihe fay that the elders preach as the apoftles did, why they preached a covenant of grace, and what wrong is that to them ? for it is without queftion that the apoftles did preach a covenant of grace, though not with that power, till they received the manifeftation of the Spirit ; therefore I pray confider what you do, for here is no law of God or man broken. Mr. Harlahnden. Things thus fpoken will flick. I would therefore that the afiembly take notice that here is none that condemns the meeting of Chriftian women ; but in fuch a way and for fuch an end that it is to be detefted. And then though the matter of the elders be taken away, yet there is enow befides to condemn her, but I ihall fpeak no further. Dep. gov. We fliall be all fick with failing. Mr. Colburr:. I diffent from cenfure of banifliment. Mr. Stoughton. The cenfure which the court is about to pafs in my confcicnce fs as much as fhe deferves, but becaufe flie defires witnefs and there is none in way of witnefs, therefore I fiiall defire that no otfence be taken if I do not formally condemn her, becaufe fhe hatli not been for- mally convicted as others are by witneffes upon oath. Mr. Codd'ington. That is aYcruple to me alfo, becaufe Solomon faith, every man is partial in his own caufe, and her3 is none that accufes her bat the elders, and fhe fpake nothing to them but in private, and I do not know what rule they had to make the thing public ; fecret things ought to be fpoken in fecret, and public things in public ; therefore I tiiink Uiey have broken the rules of God's word. Gov. What was fpoken in the pref-. ce of many is not to be made fecre:. Mr. Ccddingtcn. But that was fpoken but to a few and In private. Gov. In regard Mr. Stoughton is not fiitisficd, to the end all fcniples may he removed we lliall defire the elders to take their oaths. [Here now was a great whifpering among the miniders, fo;-ae drew buck., others were animated on.] Mr. 446 APPENDIX. Mr» Eliot. If the court calls us out to fwear we will fwear. Gov. Any two of you will ferve. Mr. StGughton. There are two things that I would look to difcharge my confcience of, ifh to hear what they telHfy upon oath, and 2dly, to ■ Gov. It is required of you, JMro Weld and Mr. Eliot. Mr. Weld and Mr. Eliot. Vie fliall be willing. Go^. We'll give them their oaths. You fliall fwear to the truth, and Mr. Peiers held up 1 nothing but the truth, as far as you know. So help his hand alfo. j you God. What you do remember of her Ipeak, pray fpeak. Mr. Eliot. I do remember and I have it written, that which fhe fpake firft was, the fear of man is a fnare, why fhould flie be afraid, but would fpeak freel}^ The queftion being aflced whether there was a differ- ence between Mr. Cotton and us, flte faid there was a broad difference. I would not flick upon words — the thiing fhe faid — and that Mr. Cotton did preach a covenant of grace and we of works, and fhe gave this reafon-— to put a work in point of evidence is a revealing upon a work. We did labour then to convince her that our dodlrine was the fame with Mr. Cot* ton's : She faid no, for we were not fealed. That is all that I fliall fay. Gov. What fay you, Mr. Weld ? Mr. Weld. I will fpeak to the things themfelves— thefe two things I am fully clear in- — fhe did make a difference in three things, the firfl I was not fo clear in, but that fhe faid this I am fully fure of, that we were rot able minifler's of the New Teflament, and that we were not clear in our experience becaufe we were not fealed. Mr. Eliot. I do further remember this alfo, that flie faid we were not able minifters of the gofpel becaufe we were but like the apoflles before tlie afcenfion. Mr. Coddington. This was, I hope, no difparagement to you. Gov. Well, we fee in the court that fhe doth continually lay and unfay things. Mr. Peters. I was much grieved that fhe fliould fay that our miniflry was legal. Upon which we had a meeting as you know, and this was the fame fhe told us, that there was a broad difference between Mr. Cot- ton and us. Now if Mr. Cotton do hold forth things more clearly than we, it was our grief we did not hold it fo clearly as he did, and upon thofe grounds that you have heard. Mr. Coddington. What wrong was that to fay that you were not able minifters of the New Teflament, or that you were like the apoflles— . mcthinks the comparifon is very good. Gov. Well, you remember that fhe faid but now that fhe fliould be deUvercd from this calamity. MS'. Cotton. I remember flie faid fhe fliould be delivered by God's providence, whether now or at another time fhe knev/ not. Mr. Peters. I profefs I thought Mr. Cotton would never have took her part. Mr. Stoughton. I fay now this teflimony doth convince me in tlie thing, and I am fully fatisfied the words were pernicious, ^d the frame of her .fpirit doth hold forth the fame. Gov. APPENDIX. 447 Gov, The court hath already declared themfclvcs fatlsfied concerning the things you hear, and concerning the troublefomenefs of her fpirit and the danger of her courfe amongfl: us, which is not to be fuffcrcd. There- fore if it be the mind of the court that Mrs. Hutchinfon, for thefe things that appear before us, is unfit for our fociety, and if it be the mind of the court that (he ftiall be banifhcd out of our hberties and imprifoned till ihe be fent away, let them hold up their hands. All but three. Thofe that are contrary minded hold up yours. Mr. Coddington and Mr. Colburn, only. Mr. Jennifon.'^ I cannot hold up my hand one way or the other> and I Ihall give my reafon if the court require it. Gov, Mis. Hutchinfon, the fentence of the court you hear is, that you are banifhed from out of our jurifdidion as being a woman not fit for our fociety, and are to be imprifoned till the court (hall fend you away, Mrs* H. I defire to know wherefore I am banifhed ? Gov. Say no more, the court knows wherefore, and is fatisfied* * A deputy, I fuppofe, of Ipfwith. N D E X. A. ACADIANS, their fuffcrlngs, page 93. Addington, Ifaac, fecretary, his death, t^i. Admiralty, judge of, firll appoihted, 78. iAgents, Conftantine Phips, 82. Waitftill Winthrop, 120. Sir William Afhurft, 169, Jeremiah Dummcr, 170. Anthony Sundcrfou, 464. E. Cooke, 27 -j. Francij Wilks, 318. Jonathan Belcher, .31S. Chriftophcr Kilby, 351. William Hol- land, 391. Remarks upon the agency, 122. Alden, captain John, accufed af witchcraft, and imprifoncd, jo. Allen, fecretar)' of Connetfticut, 61. Andover, troubles there, 44, 50. Andros, Sir Edmund, his death, 189-. Alhurft, Sir Henry, his death, 122. Sir William chofen agent, 169. B. Banic, private, 188, 352. Belcher, Jonathan, agent, 318. Governor, 329. Arrives, 331. Removed, judged and retaliated, 336. Oppofcs the land bank, 255- Falfely charged, 356. Difplaced, 358. Bellamont, lord, governor, 84. Arrives at New York, 103. At Bollon, 106. His charadler^ io6 to no. Death, 114. Bills of credit, 189, 222, 302, 340^. 361. Abolilhed, 392. Bbllan, William, his great fcrvices, 391. Bomazeen, a noted Indian Chief, 84, 149. Borland, John, his trial, 142. Bofton, great tumult there, 386. Bounds of the fecond charter, 17, Boylftonc, Zabdiel, prornotes inoculation in EoHon, 247. Bradflreet, gbverrtor, refigns to Phips, 20. Death and charaAer, loo. Brenton, Jahleel, controvcrfy with Sir William Phips, 74. Bridger, John, furveyor of woods, 202. Bullivant, one of Andros' juflices, his reply to lord Bellamont, 107. Burnet, William, governor, 294. Arrives, 300. Controverfy with tkc houfe, 30I to 304. Death, 326. Burrill, John, his charaifter, 212, 172, 180. C. Canada expedition, 95. Unfuccefsful, 172 to iSo, and 357 to 3O©, Candy, a negro witch, 37. Cape Breton expedition, 364 to 380. Carrier, Sarah, a witch child, 47. Cary, Mrs. imprifoned, and efcape», 50. Caftine, Baron, 89, 133, 286. Charter purchafed, 9. Charlevoix, erroneous, 72, 80, 85, 236, 279. Cheever, Ezekiel, his death, 160. Church, Benjamin, his adions in eallern parts, 69. Expedition to Chigncdo, 91. Superfeded and offended, 95. Expedition, 133. Death, 202. Chubb, captain, furrctiders Pcniaquid, 89. Cruelty, 90. Killed, loo, Clark, John, fpeaker, 226. CoUedors of cuftoms firft eftabliflicd, 73. Conneaicut line fettled, 183. €«nvers V*L. II. F f 450 N Convers, captain, 67, 72. " ' , Cooke, Eiifha, negatived, 70. Begins the controverfy with governor Shute, aoo. Chofen fpcaker and negatived, 211. Ag^"^> ^73' Proceedings in England, 288 to 291. Returns, 293. Death, 351. Coram, Thomas, projector, ao^. Coj-nbury, lord, perfecutes difienters, 115. Cory, Giles, preffed to death, 60. Council of MaiTachufetts, their powers by charter, 15, 16, 1 7. Nominate civil officers, 20. The firfl counfellors, 20. The firft eledion, 69. Aflume govern- ment, 117, 191. D. Deanc, Francis, accufed of witchcraft, and efcapes, 41. D'x^nville, duke of, his expedition, 381. Davis, Silvanus, counfellor, 21. Decrficld dcftroyed by the French, izy. Douglafs, erroneous, 29, 52, 78. Dudley, Jofeph, foHcits for the government of New York, 82. Member of Par- liament, 83. Governor, 116. Negatives five counfellors, 125. Severely cenfured, 134, 135, 140, 1455 148. In danger in a ftorm, 196. Gains friends, 170. Superfeded by the council, 196. By colonel Tailer, 193. Character, 193. .t Dudley, Paul, offends the hoiife, 2^31. Dummer, Jeremiah, agent, 170. Raifes a bubble in 1 7 20. Slighted by the houfe, 231. Dummer, William, lieutenant governor, 263. Reprimanded, 291. Retires, and his charailer, 329. Dunftun, Hannah, an heroine, loi. E. Earthquake, memorable, 294. Expedition, French, defigned againft Boflon, 380. Agalrifl Canada, 172, 357. Ag?.infl Louifbourg, 364. Eire, in Bollon, in 1711, 181. F. Fofler, John, his death, 172. French, immediately after peace, take meafures for war, 104. Frontenac, governor of Canada, appointed to command forces ag,ain{l New En- gland, 97. G. George the firfl proclaimed with unufual marks of joy, 190. Goodwin, John, his children bewitched, 24. H. Hale, Sir Matthew, with trials, a precedent for New England, ly. Hale, John, his wife accufed, &c. 61. Hammond, major, taken prifoner, 85. Karley, Mr, tradition of him, 1 14. Harman, captain, his expedition, 279. Haverhill deftroyed, 157. Hawthorne, John, examines witches, 34. Hinkley, Thomas, governor of Plymouth, his death, 141. Hobby, Sir Charles, folicits for the government, 140. Higginfon, John, his death, 160. Higginfon, Nathaniel, 146. Houfe of reprefentatives offended with governor Shute for negativing their fpcaker, 219. Infert themfelves in difpute about pine trees, 223. Withhold part of the governor's fulary, 220. Adjourn for fix days, 232. Take the diredlion of the war, 243. Remarks upon their conducfl, 261. Order Ueutenant gov- ernor's fcal to be defaced, 270. Accept an explanatory charadcr, 290. Hubbard, William, 136. Hubbard, Nathaniel, 136, 362, HutchLnfon, INDEX. 451 Hutchliifon, Eliflia, commander In chief of forces, 66, 153. Dies, 0.02, Hutchtnfon, Eliakim, his death, 202. Hutchinfon, William, his charader, 225. Hutchiulon, Thomas, arrefts Kidd, 1 1 2. Death and charadlcr, ;^s^. J. Jacobs, Margaret, accufes Iwrfelf and p;randfathcr of vi-itchcrsft, and thrn rer:rille takes the Newport, captain Paxton, 88. The fort at Pemaquid, 89. Increafc of the colonies, remai Us, i<^y. Indians alarm the colony, 113. Deftroy Deerfield, 127. Haverhill, 157. Treadi- erou"!, 162. Indians, eailern treaty of peace with them, 72, IC4, 182, 198, 287, 288. IIof> tilitics, 302 to 305, 306 to 316. Inoculation in Bofton, 251, 273 to 276, 277 to 286. Invafion, French, threatened, 97. Judges, dependent, 337. Kidd, the famous bucaneer, feized at Bofton, 112. Kilby, Chriftopher, reprtfentative, 351. Agent, 351. Knovvles, admiral, imprefs made by him at Bofton, 386. L. Land bank, 188, 352. Laws framed from the judicial of Mofes, 63 to 66. Lawfon, Roger, tried for fupplylng the French and Indian enemies, 141, Lieutenant governor confidered as a counfeilor, though not cleCla', 70. Lovewell, captain, 284. Louifooiyg, expedition againft it, 364 to 380. Lyman, Caleb, his exploit, 135. Lothrop, the minifter, 430. M. Maine, province of, made part of MafTachufetts province, 13. Marts for royal navy, 229. Mather, Increafcr, his death, 276. Mather, Cotton, the firft mover in favour of inoculation, 247. Moulton, colonel, behaves well at Norridgcwock, 279. N. Newfoundland taken by the French, 96. New Hampfhire boundary line fettled, 342. New Plymouth, a fummary of then affairs, 404 to 423. New York, neutrality with the French, 129. Nicholfon, Francis, 161 to 164, 172. Norridgewock, fuccefsful expedition there, 279. Notaries public, firft chofen, 2x6. Nova Scotia made part of MafTachufetts province, 13. AiTalrs there, 87, 93, 164, to 169. Noyes, Oliver, his death, 225. O. Ofgood, Mar}', examination, 35. Recantation, 44. TcTcimoniul, 44. P. Paris, Samuel, witchcraft begins in his family, 29. Too officious in profccutions, 31. Patch, F-liza, her deatli, 196. Paxton, captain, tiiken in the Nev^'port man of war, 88. Pemaquid, a fort there, 68. Taken, 88. Poffeffed by Dunbar, 340. Phips, Sir Willianr., public entry as governor, 19. Fncourages profecutlon of witches, 28. A warrant from his lady, 61. Quarrels with colleiftor and a captain of a man-of-war, 74. Ordered to England, 76. Dca'Ji, 82. Phips, Conftantinc, agent, 82. Drew the bill for reverfing Leiilcr's attainder, 82. Removed from agency, 169. Phips, Spencer, lieutenant governor, 79. Plalfted, 452 t N D E X. i^laifted, colonel, his fon taken the day he was married, l8 ji Port Royal attempted, ijo, 155. Taken, 166. Province of Maffachufetts, its bounds, 14. Pyni, John, intimate with the firft planters j 10. Qulttamug, John, a very old Indian, 276. . R. Ralle, father, ai8, 237. His character, 238. Killed, a8«» Randolph, Edward, voted a capital offender, I a. Read, John, his character, 2>Cr^- Pvhode Illand line fettled, 358. Rohiiifon, John, minifter, 407. Andrew, his exploit, 267- Rowfe, William, tried and fined. 14a. Ruflfel, James, an afTiflant, ao. S. Saint Francois fettled by eaftern Indians, 131; Saltonflall, Nathaniel, 20. Salary fixed, controverfy, 301. Salem, court removed there, 316. Sanderfon, Anthony, agent, 264. iSchuyler, colonel, friendly, 131, I48, 156. Sewall, Samuel, 62, 264. , , Sheaffe, Sampfon, his letter about Canada expedition, 180. Shirley, William, fxicceeds Belcher, 358. Forms an expedition agalnft Loulfbourg, 363. Retires to the caftle, 388. Houfe of reprefentatives refolve to ftand by him, 389. Returns to town, 590. Shutc, Samuel, governor, 195. Arrives, 197. Controverfy with houfe of repre- fentatives, 209. Negatives the fpeaker, 21 1. DifTolves the court, 235. Leaves the province fuddenly, 260. Exhibits articles againft the houfe, Q,yo. Succeeded by governor Burnet, 294. Shute's charader, 261. Small Pox among the Etiglifli, 247- Stoddard j John, 286, 386. Speaker, difpiite about him, 137. , Stoughton, William, pfofecutes witches, 28. Comtnarider in chief, 79, 114. Death, 117. His charader, 118. T. Tailer, William, lieutenant governor, 1 81, 330. l5ies, 342. Trade, in 1750, 396. Temple, captain Robert, comihahder of forces eaftward, a68; Trees, referved by charter, 229. V. Vetch, Samuel, tried, 143. Colonel of forces agalnft Canada, 160. Govcrner of Nova Scotia, 167. W. Warren, commodore, 372. His teftlmony, 378. Weftbrook, colonel, 266, 273. Wheeler's, Sir Francis, expedition, 70, White, Peregrine, firft-born child, his death, 196. Whiting, Mr. a minifter, killed, lOO. •Wilks, Francis, agent, 318. Willard, Jofiah, fecretary, 202. Winflow, captain, Jofiah, killed by Indians, 277* Winthrop, Waitflill, agent, 1 20. Death, 202. Women at Oyfter River, gallant, 1 48. Witches executed, 55, 59, 60, \ * 3 ■■