their Evidences in writing, that for want of them his Majesty in Council may be at a loss to proceed upon hearing appeals, which is a grievance in many cases to the Subject as well as derogatory of his Majesty's Right. II. That besides the Reservation to be made of all Trees of the Diameter of 24 inches and upwards at 12 inches from the ground for the service of his Majesty's Royal Navy, there be a Reservation made in all Grants of Land hereafter to be made by the Governour and Council, or others whom his Majesty shall intrust with that Power, of all Trees which shall be of that Dimension at the time of making the Grants. The Reason of this is Evident and the want of it seems an omission in the Massachusetts Charter. 12. Whereas there are at present no Inhabitants within this province capable of receiving the abovementioned form of Government, or having Justice administered among 'em by the Courts of Judicature, according to the English Constitution; It is humbly propos'd that a proviso shall be added in the Charter, that until the French Inhabitants are acquainted in some Degree with the English Language, Customs and Governmt and are qualify'd for serving upon Juries or in the Assembly, and other posts, and a sufficient number of his Majesty's English Subjects for carrying on a Civil Governmt, according to the plan before propos'd, are settled in the same, the Governour and Council shall be invested with the power of making Statutes and Ordinances adapted to the circumstances of the province for the Ordering and Governing the French Inhabitants and new Settlers, whilst they are gathering; and for the Dispensation of.Justice among 'em in a summary way by their Deputies or other Officers, to be chosen by themselves and return'd to the Governour and Council for their Approbation, upon all small breaches of the Peace, Petit Larcenies, and other slight Criminal matters; as also in all civil causes where the cause of action does not exceed the Value of forty shillings Sterling, with appeals to be allowed to the Chief Justice, who should go the Circuit through the several Districts of Annapolis and Minas twice in every year, and the District of Schiegnecto once, to hear and determine in a summary manner, without a Jury, all causes that shall be brought before him, either Criminal or Civil; the former to be presented either by 12 Jurors in the manner of an English Grand Jury, who shall be charg'd by the Chief Justice to enquire into all offences &ca and assisted in it by the King's Attorney General or other proper Officer, or, in Default of such presentment, by an Informer in open Court and try'd instanter; for the directing and ordering the manner of which some ordinances might be forthwith compil'd for his Majesty's Royal Approbation, which might likewise serve for the Administration of his Governmt among the English and other new Setllers 'till a Body of 'em was gather'd together; out of whom as also the French Inhabitants Assemblies and Juries might be form'd, and all Officers proper for carrying on the beforementioned plan of Governmt appointed; which might be suppos'd at the end of ten years or sooner; and then this temporary form to cease, and that propos'd in the Charter to take place; of which an immediate assurance seems necessary to be given by his Majesty's granting of the Charter for the Encouragemt of new Settlers to transplant themselves into the Country. The Reason of this proposal for a temporary form of Governmt seems evidently to appear from the necessity of some such Scheme's being fram'd under the present circumstances of the Province; the successfull Execution of which, after it is perfected as much as may be in a general plan, will greatly depend upon the prudence of the Governour and Council, their knowledge of the circumstances and temper of the People, and the Opinion the Inhabitants and Settlers shall have of the Governour; as also of the Chief Justice who will be a very principal Officer in this case. All which is humbly submitted in obedience to his Majesty's Commands by WILLIAM SHIRLEY. Endorsed: In Govr Shirley's of 18 of Febry 1748. WILLIAM SHIRLEY TO THE DUKE OF BEDFORD1 MY LORD DUKE, Boston, New Engld. April 24th, 1749. Having communicated bý my Message to the Houses of the General Assembly the Intelligence I had receiv'd of the Scheme of the French to settle the Country round about their Fort at Crown Point, they sent me at the Close of the session a message in answer, which I thought it my Duty to inclose a copy of to your Grace, as what would best convey the Sense they have, (which is I believe, the same the other Colonies in New England, and in their neighbourhood likewise have) of the present situation of affairs on this Continent, with regard to their Security against the French, and the particular Incroachments now making by 'em.' As to my own sentiments upon the French incroachments at Crown Point, with the Necessity of building and garrisoning a strong fort there, if the French are to keep their fort, and settle the Country round it, and the expos'd condition, his Majesty's Colonies will be in to the Eastward 'till Nova Scotia shall be fortify'd and settled, I have taken the liberty so particularly to offer 'em to your Grace in the letter, which I had the honour to write to your Grace of the 18th of Feby, and the others referr'd to in it, that it would be giving your Grace needless Trouble to repeat 'em, or add to 'em here, except in general that I am fully perswaded, the Preservation of all his Majesty's Colonies in North America to the Crown of Great Britain will finally depend upon keeping Nova Scotia out of the possession of the French, which whilst that is done will make Canada and Cape Breton not an hundredth part of the consequences to 'em, as they would be, if they were Masters of Nova Scotia; and will keep it in the power of his Majesty to make a Conquest of both these Places, when it shall be thought proper to reduce 'em and 1 Original, P. R. O., C. O. 5, 45, p. 150. 2 An abstract of this message is printed on p. 480 following this letter. See also Shirley to Hamilton, ante, p. 468. that the preservation of Nova Scotia will depend upon it's being secur'd timely against any sudden attempt of the French, which must be expected to be made with their utmost force (prepar'd probably by degrees for that purpose) from Canada and Louisbourg, upon their first Determination to come to a Rupture with us. As to that part of the inclos'd Message, which desires me to represent to his Majesty "the Necessity that some strong Fortress should be erected and maintain'd by his Majesty as near as may be to Crown Point," I can comply with it so far, as to represent the Necessity of such a fort's being erected by his Majesty and garrison'd by him, and remaining under his immediate direction, Orders and Appointment; but though I would not suggest any thing to forclose his Majesty's favour to 'em in other parts of their Request, I can't comply with it so far, as to say I think it necessary, that it should be maintain'd at his Majesty's expence; for I think it as reasonable that it should be maintain'd at the joint charge of all the Colonies, except Nova Scotia and Newfoundland, as that the Fortifications at Portsmouth, or any Inland Fortress erected for the Defence of his Majesty's Subjects within the Realm of England, should be maintain'd at the Expence of his Subjects in England: The Circumstances of his Subjects in his Colonies upon this Continent are now such, that making 'em contribute so much towards their common Security against the Enemy, could not reasonably be thought laying the least Burthen upon 'em: And I think, My Lord, this Request of the Assembly of this Province seems evidently to demonstrate the Necessity of his Majesty's erecting and garrisoning such a Fortress, as they desire, under the Directions of his own Engineers and the Command of Officers to be immediately appointed by himself, the Soldiers likewise to be paid by him; but that a Tax for the Maintenance for it should be lay'd by Parliament upon the Colonies in such proportion, as his Majesty shall think fit, without which it will not be done; And the reasonableness of doing this for the common Protection of the Inhabitants against their Enemies, and the Security of his Majesty's Government among 'em, seems to be as clear a point as the Reasonableness of the Parliament's making Acts for securing the Benefit of the Trade of the Colonies to their Mother Country, and creating a Dependency of 'em upon her; and even of laying Taxes upon the Importation of foreign Mollasses, Rum, and Sugars in favour of the British Sugar Colonies. I am with the most Dutifull Regard, My Lord Duke, Your Grace's most Devoted, and most His Grace the Duke of Bedford. Endorsed: W. SHIRLEY. Boston, Apr. 24, 1749. B 10th June. MASSACHUSETTS GENERAL COURT, REPORT ON FRENCH ENCROACHMENTS 1 In Council and in the House of Representatives on April 18, 1749, the following Report was ordered to be accepted as an Answer to Govr. Shirley's Message of the 6th Instant. The two Houses share his Excellency's apprehensions of the French incroachments at Crown Point, and think it wise that the neighbouring Governments have been informed of this common Danger. They beg his Excellency to represent to the King how necessary it is that some strong Fortress should be erected and maintained by his Majesty as near as may be to Crown Point Fort, to prevent further French incroachments in time of peace, and to cover any Settle 1 This report is the abstract of the message referred to on p. 478. It is condensed from the original in P. R. O., C. O. 5, 45, p. 151. |