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The Governor of this Province by virtue of the Power given him by the Charter for raising the Militia (of which I presume indented Servants will be allowed to be a Part in every Colony) constantly impresses such Servants to be employed in marching Companies or Garrison Duty for the protection of the Province as long as he thinks his Majesty's service shall require it, and in one or other of these Duties they are frequently kept two or three years and with the Consent of the great and general Assembly of this Province, the Governor hath Power to transport any Number of the Militia out of it either by Sea or Land to be employed against the Enemy.

When Forces were raised by the Province for the Expeditions against Cape Breton, upon the River Kennebeck, and against Crown Point, indented Servants enlisted into them in common with others; and to compleat the Reinforcements sent into the last mentioned Service many such Servants were impressed by the Government.

When others were raised within this Province in the Pay of the Crown for the Expeditions against Canada, and to remove the French from their Incroachments in Nova Scotia indented Servants inlisted into them.

These Instances I think Sir afford in the whole a clear Proof of the Kings Right to the Service of indented Servants, inhabiting the Province of the Massachusetts Bay for the defence of his Dominions, at least in North America; and that no Contract between them and the Masters can extinguish either this Governments Right to impress them into the before mentioned Service, or the Servants Right voluntarily to enlist into it: And it seems a just Conclusion to say, if this Power of taking indented Servants from their Masters for his Majesty's Service is consistent with the civil Rights of the Subject in a Charter Government, and the Property which Masters have in those servants there; it is at least equally so in Pensilvania, that the recruiting Officers in that Province should entertain such Servants when they voluntarily enlist into the Kings Regiments unless it can be show that the Pensilvania Masters have some special property in

their Servants which the Massachusetts Masters have not and which destroys his Majesty's Right to their Service for the Defence of his American Dominions against the common Enemy; but this I have before observed is not founded in the nature of Government in general and is contrary to the Practice of it in the English Constitution.

As to the enlisting of indented Servants into his Majestys Regiment upon the Establishment, whenever Officers of such Regiments have recruited within the Province of the Massachusetts Bay more or less of those Servants have ever inlisted into them particularly when recruiting Officers of the Forces employed in the Expedition against the Spanish Settlements in the West Indies, arrived there from Jamaica many indented Servants inlisted with them and were transported to Cuba.

I am not ignorant that Pensilvania hath afforded great Numbers of Recruits to the Kings forces, but am not of Opinion with the Assembly that they are equal to those which have been raised in the Province of the Massachusetts Bay, for my own and Sir William Pepperells Regiments, and the three Regiments of Nova Scotia within these fourteen Months, which may be computed at upwards of 1500 Men, besides which near 6000 have been raised within it the last year for the Expeditions against the French Encroachments in Nova Scotia and against Crown Point; and the Number of Soldiers raised in it over and above all these for the Protection of its Frontier, exceeds I believe the Body of Men employed by the Government of Pensilvania for the defence of theirs.

The Assembly complain that their Province is extreamly drained of their Labourers. I think Sir that Pensilvania hath not been near so much exhausted of them as the Massachusetts Bay hath been by his Majesty's Service: In the Expedition against Cape Breton that Province lost 2000 Men at least by Sea and Land and upwards of 500 the year following in the Protection of Nova Scotia, the employing of any considerable Body of Troops for the defence of the Frontier of Pensilvania is a new Service within that Government but

hath ever taken up a great Number of Men in time of Peace as well as War within the Massachusetts Bay. The Province of the Massachusetts Bay hath as few Slaves within it as Pensilvania, the number of its Inhabitants constantly employed in its fisheries, Ship building, Lumber Trade, and navigation greatly diminish the number of its Hands for Agriculture and other Labour; and it hath not the Benefit of those Resources for augmenting its Inhabitants from the northern parts of Germany &c. which hath for many years so greatly increased the People of Pensilvania, yet thus exhausted as it is, the Government, raises no Obstacles to the recruiting of his Majesty's Forces within it, and hath besides chearfully voted to raise a Number of Troops, which amounts to a ninth Part of its fighting Men this Year towards the Defence of his just Rights and Dominions upon this Continent; an Example which I can't but hope the Assembly will think the Interest of the Province, as well as their Duty to the Crown call upon them to follow.

The Assembly observe by their Address how great a quantity of Provisions their Province supplies the King's Army with, this Sir seems to be an Advantage which should make them easier under the Inconveniencies which attend his Majesty's Service in other Respects; and when they consider that all the Men which are now drawing out of Pensilvania for recruiting the Kings Forces will be employed in that part of his Service, which more immediately concerns the Protection of the Inhabitants of that Province against the growing Incroachments of the French they should as readily acquiesce in parting with some of their indented Servants, as any Charter Colony doth.

It is not necessary to enter into a minute Examination of every Part of the Deduction made by the Assembly of the mischievous Consequences, which arise to the Community from enlisting indented Servants into his Majestys Service, some of them seem too remote: when a Country is in Danger of being lost to the Enemy it is not a time for the Government of it, to enter into critical dissertations whether the enlisting of indented Servants for the Defence of it may not

have a Tendency to lessen the Importation of them into the Country for future Tillage of the Land, and to increase that of Slaves; It would certainly have been more happy for the Province of Pensilvania to have lost the Service of some of their bought Servants last year in defending their Frontiers against the Incursions of the Enemy than to have suffered the cruel Ravages and Depopulation committed by them within their Borders.

I have already acknowledged that ill Conveniencies and Hardships frequently arise to Individuals from their inlisting indented Servants into the Kings Regiments, I am as ready now as ever to do every thing in my Power consistent with his Majestys Service to remedy such as have happened or may hereafter happen in the Province of Pensilvania or elsewhere: His Majesty hath ordered his Regiments employed in North America for the Defence of his just Rights and Dominions and protection of his Subjects there to be forthwith augmented to 1000 Men each out of such of the Inhabitants of these Colonies as will inlist into his Service, he hath an undoubted Right to do this: If it can't be done without receiving indented Servants into the Regiments; to forbid the Entertainment of them or order them to be discharged without being replaced by other effective Men would very probably defeat the Service for which the Regiments were ordered by his Majesty to be augmented; which the Assembly I am perswaded will upon further Consideration think would be a most unwarrantable Proceeding in the Kings General: The only Orders I can justify sending the Officers upon this occasion which I shall take care to do, will be to release such indented Servants as are willing to return to their Masters upon having good effective Men offered in Exchange for them; As to receiving them at first into the Service in cases which shall appear extremely hard to the Officers, they are at liberty to refuse it, and will I doubt not act with discretion: the Intention of my last Orders was only to take off the Restraint I had before laid upon them against receiving any indented Servants which I should not have done if the Regiments had met with that success in their

recruiting as might have been expected. It must rest with the Assembly to ease such Masters as may notwithstanding this, sustain any great Hardship by the Loss of one or more of their servants in his Majestys Service, and if in doing that any considerable Burthen should fall upon the whole Community; upon a Representation of it to his Majesty it will doubtless have a proper Consideration given it; And this I can't but hope Sir, the Assembly will upon a cooler Thought of this Affair judge to be a more elligible Method of Proceeding, than to incite the Populace to pursue the violent Measures which the Address seems to point out to them.

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Governor Dinwiddie, at the instance of Colonel Washington, having referred to me concerning the right of command between him and Captain Dagworthy, and desiring that I should determine it, I do therefore give it as my opinion, that Captain Dagworthy, who now acts under a commission from the Governor of Maryland, and where there are no regular

1 Ford, "Writings of Washington," 1, 231; Sparks, "Writings of Washington," 2, 133. See Washington, Address to his Troops, 1756 (Va. Mag. of Hist. and Biog. 2, 343-346). Notes respecting the Militia, April and May, 1756 (Ford, "Writings of Washington," 1, 269–276), and extracts from Mem. Book at Fort Winchester, 1756-1757 (Va. Mag. Hist. and Biog. 3, 200-203). On this same date Shirley inclosed to Sharpe an extract of Dinwiddie's letter as brought to Boston by Washington, asking Shirley to determine the relative powers of Dagworthy and himself. Shirley's letter is in Arch. of Md. 6, 347, printed from the original. On Mar. 7 Sharpe thanked Shirley for his letter of Feb. 23 and his intention to give the writer command of forces in the South. Arch. of Md. 6, 351.

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