ters, by which the Crown hath divested itself almost of the whole prerogative, and transferr'd it to the populace, in whom the several above mention'd powers are lodg'd, the Governours not having so much as a negative in any election of officers or Act of Legislature.

4. That the institution of these old Charter Governments in the Colonies during the state of their infancy, tho' well accommodated to draw together numbers of settlers in the beginning of the English Plantations and for the regulation of each settlement whilst it consisted of but an handfull of people, yet seems by no means well calculated for the government of them when the inhabitants considerably increas'd in numbers and wealth. The present state of the government of Rhode Island is an instance of this. The Colony is computed to have upwards of 1 inhabitants and a proportionable share of property; the reins of their government prove now so loose that a spirit of mobbism prevails in every part of it; they pay no regard to the Kings instruction, and very little or none to Acts of Parliament, particularly to Acts of Trade, in which they seem to look upon themselves as freebooters, as their government was not originally calculated for preserving their dependency upon Great Britain, they have little or no appearance of it among them now, and their example hath by degrees infected His Majesty's neighbouring governments with irregularities which they might not otherwise have gone into. I would be understood to speak this only of the natural tendency of their government. Their Assembly have given proofs of a public spirit for promoting the general welfare of His Majestys Colonies against the encroachmts of the French, and extending his dominions in America; they have a strong attachment to His Majesty's person and the Protestant Succession in his family, and likewise to the English government so far as it is consistent with the spirit of riot which reigns among them, and may be call'd rather the fault of the form of their Colony government then of the people, the most considerate of which are said to be much tir'd of it.

1 No estimate of the population is given.

5. That the unfitness of these old Charter Governments for the Colonies when they are grown up and come out of their infancy, was I suppose the reason why in the beginning of King William and Queen Mary's reign the government at home refus'd to the old Massachusett's Colony to renew their Charter which had been vacated by a judgment in the Court of Chancery in Westminster Hall in a late reign, tho' their principles and loyalty to the Crown at that time greatly recommended them to its favour; but instead of that it was thought good policy to put an end likewise to the Charter Colony of New Plymouth and to erect and incorporate the old colonies of the Massachusetts Bay and New Plymouth, together with the Provinces of Main and Nova Scotia into one Province, which is now the present Province of the Massachusetts Bay, saving that the Crown hath disannex'd Nova Scotia from it, and to grant them a new Charter, wherein the Crown hath resum'd its prerogative; and this form of government was as readily accepted by the People of the old Charter Colonies, who were in a great measure surfeited of their government and former popular privileges, then become disproportion'd to the state of the inhabitants.

The result from these observations, Sir, which I would submit to your consideration is, that if the old charter form of government, such as that is which is proposed in the Albany plan of Union, is unfitt for ruling a particular Colony, it seems much more improper for establishing a General Government and Imperium over all the Colonies to be comprized in the Union.

The only material difference between an old charter government and the Albany Plan appears to be, that by the latter it is propos'd that the Governour General shall be appointed and supported by His Majesty and have a negative in every Act of the Grand Council (as it is there called) whereas in the former the Governour is annually elected by the People, dependent upon them for his support and hath no negative in the Acts of Assembly.

This is relied upon as a most favourable circumstance on the part of the Crown in the following remarks, drawn up by

a gentleman who had a principle hand in forming the Albany Plan, vizt "That the Government or Constitution propos'd to be form'd by the plan consists "of two branc[h]es, a Presi"dent General appointed by the Crown and a Council chosen by the People or by the People's Representative which is the same thing.

"That by a subsequent article the Council chosen by the "People can effect nothing without the consent of the Presi"dent General appointed by the Crown; the Crown possesses "therefore full one half of the power of this Constitution."

"That in the British Constitution the Crown is suppos'd "to possess but one third, the Lords having their share.

"That the Constitution therefore seem'd rather more "favourable for the Crown."

But it seems an obvious answer to say that the power of the President General which in the remarks is called one half of the Power of the Constitution, is only a Negative one, stripped of every branch of the prerogative, and is at best only a preventative power in a small degree. It may controll the other half of the constitution from doing mischief by any act of theirs, but it can't prevent mischiefs arising from their inactivity, neglect or obstinacy.

As to the remark "that in the British Constitution the "Crown is supposed to possess but one third of the power, the "Lords having their share;" with the consequences drawn from it in favour of the Albany Plan; it seems a palpable error to suppose that the Peers of the Realm who are created by the Crown, weaken its influence and power in the state by their being one of the three branches of it.

It may be further observ'd that the prerogative is so much. relaxed in the Albany Plan, that it doth not appear well calculated to strengthen the dependency of the Colonies upon the Crown; which seems a very important article in the consideration of this affair.

I have I am affraid, Sir, been too diffuse in my remarks upon the Albany Plan, and it may perhaps be expected that I should offer some other plan in lieu of it.

I have turn'd my thoughts upon one, Sir, and form'd a

rough sketch of it; but as I understood the Lords Commissioners for Trade and Plantations were forming a plan themselves, I did not think it proper for me to transmit my crude sentiments to you upon so difficult and delicate a work. I am, with the highest respect,

Having lately receiv'd orders from his majesty to raise forthwith a Regiment of foot for the Defence of his majesty's Colonies in North America of which I am appointed Colonel, I would desire the favour of you to promote the Inlistment of the said men in the Regimt of Militia whereof you are Colonel. If you should be able to procure me any on the Terms herein inclos'd you will very much oblige me.2

1 L. S. without address, Mass. Hist. Society, Col. Israel Williams Manuscripts, 71 D, 107. See Robinson to Shirley, Oct. 26, 1754, Shirley to Robinson, Dec. 14, 1754, and Williams to Shirley, Feb. 1, 1755, pp. 98, 107, and 121.

2 The orders referred to by Shirley appear to have been transmitted by Secy. Fox to Shirley in his letter of Nov. 4, 1754 (War Office, Class 4, v. 50, p. 58), and are as follows:

George R.:

Whereas We have thought fit to raise a Regiment of Foot under your Command, for the Service and Defence of our Provinces in America, which is to consist of Ten Companies, of four Serjeants, four Corporals, two Drummers, and one hundred Effective Private Men in each Company, besides Commission Officers; These are to Authorize you by Beat of Drum or otherwise, to raise so many Voluntiers, in any of our Provinces in America, as shall be wanting to compleat the said Regiment to the above-mentioned numbers. And all Magistrates, Justices of the Peace, Constables, and other

I would not ask this if I had not a moral assurance that my Regiment will be employ'd in the Defence of this Province, and of Nova Scotia in case they should be wanted there to help to drive the French out of that province, and perhaps for the Demolition of the French fort at Crown Point, or driving the French from all their Settlements on this side St. Lawrence's River, and not for the Southward, and I am perfectly assur'd that the place of it's Rendezvous will be at Boston.

I can't therefore suppose that this Request will be disagreeable to you.

I am,
Sir,

Your humble Servant,

W. SHIRLEY.

SIR THOMAS ROBINSON TO WILLIAM SHIRLEY 1

SIR,

Whitehall, Jan. 23, 1755.

The King, being determined that nothing shall be wanting, towards the support of his Colonies and Subjects in North America, has commanded me to signify to you, his Majesty's our Officers whom it may concern, are hereby required to be Assisting unto you in providing Quarters, in pressing Carriages, and otherwise, as there shall be Occasion. And we do hereby further direct, that this our Order, shall remain in force for twelve months from the date hereof, and no longer.

Given at our Court, at Kensington, this 7th day of Octor, 1754, in the twenty-eighth year of our Reign.

By His Majesty's Command.

H. Fox.

To our Trusty and well-beloved William Shirley, Esqr. Colonel of one of our Regimts of foot to be forthwith rais'd for the Service and defence of our Provinces in America, or to the Officer or Officers appointed by you to raise Voluntiers for our said Regiment. 1 This is a circular letter and a copy was sent to all the governors in British America. The original is in P. R. O., C. O. 5, 211. It is printed in 2 Penna. Arch. 6, 218 and N. Y. Col. Docts. 6, 934.