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I wish I could entertain the same hopes of the proceedings of the Colonies to the Southward and Westward of the New Jerseys for promoting his Majesty's Service, as I have of the others: I have wrote most pressing Letters to them all, founded upon the Example set them by the Massachusetts Bay, and the Necessity of his Majestys Service.1

As his Majesty's Sloop Hornet will Sail for England in a few Days, I Shall have the Honour, Sir, to write more at large to you by that Opportunity; and would only add here that Lt. Colonel Ellison, whom his Majesty was pleas'd to appoint Colonel of the late Sir Peter Halket's Regiment being dead, the Command of that Regiment is again vacant; and As this Appointment of his Majesty hath not taken Effect, I think it my Duty not to post to that Command, as my Commission allows me to do, but let it continue vacant untill the Arrival of his Majesty's Commission to fill it up; begging leave in the mean time to express the very great Opinion I have of Lt. Colonel Gage as an Officer, who would discharge his Duty in that Post, if such should be his Majesty's pleasure, with the greatest Honour and good Abilities.

I have the Honour to be with the Highest Respect,

Sir,

Your most Humble, and most

Obedient Servant.

W. SHIRLEY.

P.S. Preparations of all Kinds are making in this Government with the utmost Vigour for opening the Campaign as early as possible in the Spring against Crown Point.

Rt. Honble. Henry Fox,

one of his Majesty's principal Secretaries of State}

Endorsed:

Boston Febry. 24th. 1756.

GOVR. SHIRLEY.

R. April 21st.

1 See Shirley to Sharpe, Dec. 30 and Feb. 23, ante, pp. 370 and

396.

WILLIAM SHIRLEY TO WILLIAM PEPPERRELL 1

SIR,

Boston, Febry. 26th, 1756.

Mr. Alexander waits upon you with the late General Braddock's Appointment of me to the Command of the Expedition against Niagara; By which you will find I have no Allowance made by him for my own Pay as Commander in Chief, or Staff Officers settled for me; that was done by H. R. H. the Duke at Home; I find likewise upon Perusal of General Braddock's Letters to me that a Major General can't take the Field with a less Command than that of two Regiments of Regulars; and that his taking a Command consisting of Provincial Regiments without two of the Kings Regiments join'd with them is irregular, and no Staff is ever granted for such a Command.

The parting with two of the Regiments of Regulars to you would reduce me to the same Force, I had with me at Oswego the last Year which was two weak for me to act with upon Lake Ontario at that Time; And as for that Reason, and likewise on Account of the Opinion and Advice of the Councils of War which I held at New York, that was given me upon this Article, And the Letters I have wrote to the Secretaries of State and War concerning the Force I would proceed with to Oswego this Year Which Letters had slipt my Memory when we talk'd together; Sparing two Regiments of Regulars would expose me to Censure, I don't think it in my Power to do it.

I never proposed your going without one Regular Regiment at least and that upon having a Provincial One given me in the Room of it which I find from yourself and Others, the Assembly will find Difficulty in doing: But their consenting to that would not make the Matter regular.

As these Matters turn out thus upon my Perusal this Morning of my Papers relative to them, I thought it neces1 P. R. O., C. O. 5, 46. A transcript is in the Library of Con

gress.

sary to apprize you of them for your own Consideration: For it would expose and hurt both of us to do an improper Thing in so delicate an Affair.

I am with great Truth and Esteem

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Copy of a Letter from Majr. Genl. Shirley to Sir Willm: Pepperrell,

Boston, Septr: [sic] 26th: 1756.

in Sir W: Pepperrell's Letter of April 19th: 1756.

SIR

WILLIAM SHIRLEY TO ROBERT HUNTER

MORRIS 1

Boston, 29th February, 1756.

Yesterday late in the Evening I received the Favour of your Letter dated the 16th Instant, inclosing a Copy of the Assemblys Address to you on the 11th containing a Remonstrance against the Practice used at present by the officers now recruiting within your Province of entertaining indented Servants.

Though I have very lately wrote to you Sir upon this Head, and might rest the point in dispute upon your very reasonable, just and clear Answer to the Address, yet at the Instance of your Assembly to lay the Matter complained of before me for my Consideration I have reconsidered it, and

1 P. R. O., C. O. 5, 46. Inclosed in Shirley to Fox, Mar. 8 (first letter). See also 1 Penna. Arch. 2, 587, and Arch. of Md. 31, 106. A transcript is in the Library of Congress; and see Morris to Shirley of Feb. 16, ante, p. 391. For the royal warrant of George II apportioning £115,000 among the Colonies and dated Mar. 3, 1755, see N. H. Prov. Papers, 6, 543.

now transmit to you my farther Sentiments and final Determination thereon:

The Restraint I lately laid the recruiting Officers under, by forbidding them to enlist indented Servants (which the Assembly themselves referr to in their Address), must convince them how tender I am of suffering his Majesty's Service under my Care to break unnecessarily into the Contracts of these Servants with their Masters or their Assigns and depriving the latter of any part of the Service they originally indented for, though it was my settled clear opinion that the King has a Right to the Service of indented servants as well as other Voluntiers; and it is evident that a Liberty to enlist them must make the recruiting Officers Duty easier, and fill his Majesty's Regiments much sooner and at a less Expence to them, yet whilst I flattered myself with Hopes that the Officers might be able to compleat their Regiments in time for the Kings Service without entertaining indented servants, I chose to put them under this Restraint, rather than subject the Masters to the ill Conveniencies, and Hardships, which I am very sensible they frequently suffer from their Servants being indiscriminately enlisted into his Majesty's Service, for this Reason, I never allowed the Officers either of my former or present Regiment to enlist such Servants, always disapproved of the Practice of it (when unnecessary) in others, and since being invested with my present Command have forbid it in all as long as the Circumstances of his Majesty's service would admit.

But this is not now the case. Sir, his Majesty's Orders to augment his Regiments to 1000 Men each are positive; the execution of them before the opening this Years Campaign is necessary for the Preservation of his just Rights and Dominions upon this Continent against the Incroachments and Invasions of the French and to secure his Subjects from the farther Devastations, which it must otherwise be expected they will soon make within these Colonies: the recruiting Officers have represented to me, that it will be impracticable to compleat their Regiments in time for the Service, if I continue my former Restraint upon them. The season is now

far advanced and the Preparations of the Enemy to distress his Majesty's Colonies in every Part are pushing on very fast; of which the late Ravages committed at their Instigation within the Borders of Pensilvania by Indians some of which were before at peace with that Government, and others in Friendship with it should be a most alarming Proof to the Assembly.

The Assembly will not infer that because I judged it expedient to forego his Majesty's Right to the Service of indented Servants in favour of their Masters whilst I apprehended such an Indulgence would not disappoint the raising a sufficient force for repelling the Enemy from his Territories, and the protection of his Subjects in North America, it can therefore be my Judgment that it is either consistent with my Duty to the King or the safety of his subjects within these Colonies, to continue this Indulgence at a time when the great Interests of both are so apparently at Stake, and such ruinous consequences may ensue from it to all his Majesties Governments upon this Continent.

The illegality of enlisting indented Servants Sir, which is asserted throughout the Address, seems to be there ultimately founded in this Argument that every person must have the same absolute property in what he purchases, that he had in the Purchase Money: many Instances might be cited to shew that this Position is not universally true; and as to the Case of indented Servants, the supposition that the King is precluded by the Contracts between them and their Masters from the Right he before had to their Service for the Defence of his Dominions is not founded in the nature of Government, in general and is contrary to the Practice of it in the English Constitution.

A Discussion of these Points at large would lead into too wide a Field for the Compass of this Letter, it may suffice to shew what the Practice upon them is in these Colonies; and in doing this I shall confine myself to that within the province of the Massachusets Bay, the Constitution of which as it is a Charter Government, will I suppose be admitted to be decisive in this Case.

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