CORRESPONDENCE OF WILLIAM SHIRLEY WILLIAM SHIRLEY TO THE DUKE OF MY LORD, The Gratitude due to yr Grace for the protection, wch yr Grace's Letter has afforded me in this distant part of the World; as well as the Justice due from me to his Excellency Governr Belcher in acknowledging the Civilities, wch I have received from him on acct of yr Grace's recommendation, will, I hope, sufficiently excuse me to yr Grace for troubling you wth a Letter from these parts, where I am lately arriv'd wth my family, and shall make it the chief Business of my Life to endeavour to merit that Notice, wth which yr Grace has been pleas'd to favour me. I have had yet but a short Acquaintance wth my Countrymen in America; But it is no small Recommendation of their good sense to me, that they think it part of their Happiness, that they are within yr Grace's province, and I have often wth much pleasure, since my arrival among 'em, heard 'em mention that distinguishing part of yr Grace's Character that the Honours & Wealth, wch the Generality of first Ministers seek to obtain by means of their publick Stations, yr Grace brought along wth you into the Service of yr Country; in which service that you may long continue is not only the wish of every true Englishman in Great Britain, 1 P. R. O., C. O. 5, 898, 249. But in every part of his Majesty's Dominions, and of none more sincerely than of, My Lord, Yr Grace's most Dutifull & oblig'd Humble Servt W. SHIRLEY. Boston, Decr. 6, 1731. P.S. At his Excellency's Desire Mr Belcher his youngest son has the Honr to deliver this into yr Grace's hands. WILLIAM SHIRLEY TO THE DUKE OF MY LORD, NEWCASTLE 1 Governour Belcher, to whom I am indebted for much civility and friendship upon yr Grace's Recommendation having inform'd me that he has given yr Grace an Account of a Vacancy here by the Death of the late Judge of the Admiralty; and that I have refus'd his Nomination to it; I take the Liberty, least I should seem not to have made a right use of that favour which yr Grace's Countenance and Goodness have procur'd for me more than any Merit of my own; to trouble yr Grace wth a short acct of the Circumstances of that post. The Jurisdiction of it is at present entirely unsettled by the Constant prohibitions of the provincial Judges in all Cases concerning Breaches of Trade, tho' never so plainly giv'n by Act of Parliamt to be try'd by the Court of Admiralty, such prohibitions being popular things, and all Officers here being Creatures of the House of Representatives, tho' naturally by their Office and Relation to the Crown they should exert themselves in favour of the prerogative and Revenue, because the House in effect pays 'em, and marks every one who is in the least suspected to be not mere slaves of theirs. In the next place there is at 1 B. M., Additional Manuscript 32688, 17. A transcript is in the Library of Congress. present an Attempt to destroy the Court totally by sinking the perquisites and fees of the Judge from abt thirty pounds a year Sterl to fifteen, and accordingly at the Instigation of a Gentleman, whose name I believe yr Grace is no stranger to, Dr. Cook of Boston, to please the populace, prosecutions Civil, and Criminal were commenc'd agt the late worthy Judge, who before his Death had spent two hundred pounds New England Currency in the Defence of himself and his Officers, and had two Cases sent home by way of Complaint, (an Appeal being deny'd him) to his Majesty in Council just before his Death, which are not yet determin'd; and all this persecution of him carry'd on notwithstanding the known Opinion of the Judges of our Superior Court, who had not courage to take the Judgmt of the point of Law upon themselves, as they were bound to do by their Oaths, but rather chose to deny him the Common Justice of considering his plea, because he would not submit to give such a plea as would bring it to the Examination of a Jury. So that to have accepted this post in it's present situation, would have reduc'd me to the hard Choice of sacrificing the Court to a mean popularity, or making a sacrifice of myself in the defence of it; the first neither honourable nor honest, and the last not prudent.1 But if there should be any prospect of these Grievances being redress'd any way by their Lordships of the Admiralty, and a support provided for the Judge in the discharge of his Duty; No one would, my Lord, be more sensible or Ambitious of the Honour of such a post; which would yet not be too late, should the sum be so alter'd, their Lordships not having yet dispos'd of it; so tho' I refus'd the Govr's. Nomination, I will with the utmost resignation submit to yr Grace's Determination for me in this matter. 1 Although Shirley was a popular official in America, he did not gain his popularity by a sacrifice of the rights of the Crown or the prerogatives of its representatives in America. He was ever a believer in a strong central government, considering it a necessity in the conditions existing in America during the struggle between the Colonists and the French. I should not have troubled yr Grace wth this Impertinent account of a little Office, had it not been for his Excellency's letter to yr Grace concerning my refusal of it; which made me jealous even of a bare possibility of being thought foolishly neglectfull of making use of an Opportunity for my own Interest, wch yr Grace's Goodness had procur'd for me. We have just receiv'd Advice by Sr. John Randal, that the House of Commons has treated Dr. Cook's late Memorial to 'em agt his Majesty's Instruction to his Govr concerning the Supply of the Treasury, with due resentmt and Indignation, wch sounds like a Thunderclap in the Ears of his Mob and the House of Representatives. His Excellency abt a fortnight ago try'd his strength wth him in Council, and turn'd him out from being Judge of the Court of Common pleas. I am, my Lord, in all Duty and Gratitude Colonel Dunbarr having wrote to Sir Robert Walpole, desiring his Majesty's leave to sell two of his Commissions, one of Surveyor Genl. of his Majesty's Woods in North America, and the other of Surveyor of his Lands in Nova Scotia, and in the mean time having sent a Genl. power to Mr. Silas Hooper a Mercht. in London to sollicit that Affair and to agree with any person at home for the Sale of the 1 B. M., Additional Manuscript 32688, 44. A transcript is in the Library of Congress, and a second copy is in Additional Manu Commissions, in case he can obtain leave to sell, upon what Terms he can get; wch I have certain knowledge of, having my self drawn the power to Mr. Hooper by the Colonel's direction, and had a particular Account of his Letter to Sir Robert from a Gentleman who read it and forwarded it to England; I once more take the liberty of troubling your Grace with a petition, begging the favour that I may have such preference in the purchase, if the Colonel has leave to sell, as yr Grace's Goodness shall think proper to give me. Both the Commissions are worth 400 lb per Ann, the Salary of each being 200 lb; And I would propose to pay the Colonel's Agent in England 600 lb upon his resignation, in case yr Grace should bestow on me the favour of being his Successor. And as the holding these posts seems precarious, one Mr. Burniston the Colonel's immediate predecessor in the survey of the Woods having been superseded by the Colonel, and another person before by Mr. Burniston within a few Years; I scarcely think that any prudent person would venture to give above 800 lb for 'em, even if they were posts at home; But as I may be mistaken, I would submit to any Terms, that shall be thought proper for me to take 'em upon; One of my Clients here having been so good as to offer Voluntarily to furnish me wth the Money for that purpose. If thro' yr Grace's Goodness I succeed the Colonel, I shall endeavour to establish my self in the posts by a faithfull Discharge of my particular Duty in the Execution of my Commissions, and a Distinguish'd Zeal in his Majesty's Service in all other respects to the utmost of my power; And should I be so happy as to be continu'd in 'em for some Years, the salary from England, with frugal Managemt, would restore my Family, and for ever command my Gratitude to yr Grace for their Happiness. In hopes that this may be an happy Crisis of my Affairs by yielding a proper Opportunity for yr Grace's Goodness to distinguish me, I am My Lord |