voted by the General assembly of this Province to be Commissary to go with the Voluntiers raisd in this Province for the Expedition. against Canada - That he was to have Ten Pounds month - That he Servd in that Capacity from the fifteenth day of July 1746 untill the thirty first day of october 1747 being Sixteen Months three weeks & four days amounting unto the Sum of one hundred and Sixty nine Pounds That your Petitioner could not engage in any other business until he was dischargd from his duty as commissary aforesd which was not untill the 31st day of october 1747 Wherefore your Petitioner most humbly Prays your Excellency & Honours to allow him the Sd Sum of one hundred & Sixty nine Pounds for his Service aforesaid and your Petitioner as in Duty bound shall ever Pray &c Samuel Penhallow March 8th 1747 [1748] In Council read & ordred to be Sent to the Honble House March 10th 1747 Theodore Atkinson Sery [Shirley to Wentworth.] [Belknap Papers, Vol. II., p. 263.] Boston, March 15th 1747-8 Sir I am favour'd with your Excellency's by the last Post, inquiring after the Pay, which Mr. Knowles & I have allow'd Pilots retain'd for the Expedition. But as I had not retain'd any, it did not occur to me, so that we did not think of it, & I don't find that article charg'd in any accts that have been transmitted to me yet: But doubtless it is a proper one. Having sold the bills wch I have drawn for the Pay of the men at 800 pre cent advance, I have paid 'em hitherto at the Rate of 850 for 100, reserving the other 50 as a fund for contingencies, such as Medicines &c. wch could not otherwise be paid off; & what overplus there may be, if any, shall be in the end distributed among 'em, wch I mention to your Excellency having before wrote that I thought they must have been paid off at 8 for I only concerning wch I had a long contest with the Buyers of the Bills. This will be deliver'd you by Lieut Gerrish, who informs me that he has enlisted three men out of Berwick for Annapolis Royal, who have pay due 'em in the Expedition agst Canada for service in Col° Atkinson's Regiment : & I shall be oblig'd to your Excellency if you will order 'em to be forthwith paid that they may go upon Duty. Their names are Moses Ward, Walter Abbot and John Goodwin. He also informs me that your Excelly would not permit him to enlist a man within your Governm1 for his Majesty's service at Annapolis: In wch I have told him that I believe he misunderstood you, & Strictly charg'd him not to report it, as what I apprehended must put an Intire stop to raising men for his Majesty's service in all other Governmts upon the Continent. Your Excelly has seen his Majesty's Orders to Mr. Knowles & me for retaining a number out of the American Levies sufficient for the Defence of Nova Scotia wch he & I determin'd could not be less than 500; & I have since very lately receiv'd the most strict orders from his Majesty that can be conceiv'd to use my utmost Endeavour for the security of that Province: I suppose those Orders can't be constru'd to mean that I sh'd raise all the men within my own Government, nor is it reasonable I should or practicable if I was to attempt it; & I suppose his Majesty's Right to raise men within all his Colonies for his service is not doubted; It has not yet been disputed by any of his Governours in the case of Sir Wm. Pepperill's & my Regiment and Gov' Thomas allow'd the Officers of four Regiments to recruit, as I am inform'd within his Governm at the same time, viz. Gov Trelawney's, Gen1 Dalzell's, Sir Wm. Pepperell's & my own; so clear was he in that point, nor did I in the least discourage Recruiting for Dalzell's Regiment within my own Government when Sir Wm. Pepperell & I had but just begun to raise men for our own Regiments. I might add that your Excellency is sensible that the Province under your own Government is principally interested in the preservation of Nova Scotia, & on that account ought to contribute its proportion of men towards it, wth this Province: But that will not be the case; - For I have hitherto enlisted for Nova Scotia wholly within my own Government, and I have raised there between 2 & 300 men, and it is not probable that Lieutenant Gerrish would have pick'd up 20 of your men, if he had been permitted to have enlisted within your Excys Government. I would desire nothing of your Excellency that sho'd put you to the least Inconveniency; & can't but hope that raising a few men in your Province for his Majesty's service upon this occasion will not. Nor should I have given you this Trouble if I was not apprehensive that your Excellys Refusal to suffer any men's being rais'd there for this particular service would be of the most prejudicial consequence to his Majesty's service in general upon all occasions, for Soldiers. within every one of his Colonies upon the Continent; For every Government will think they have an equal Right & the Same Reason to hinder the enlisting of Soldiers for the King's service with your Excellency, & probably follow your Example & so the King would be shut out from raising men for the Preservation of any part of his American Dominions, wch he certainly has as good a Right to do within his Northern Colonies, as within any other part of his Do minions. I am with great Regard, Sir, Your Excellencys most Obedient Humble Servant, P. S. I shall take it as a favour, if your Excellency will give Lieut Gerrish leave to make trial for a few men for the sake of avoiding much greater disservice to his Majesty's Interest, y" even the want of the men, wch he may pick up in your Government would be. His Excellency Gov' Wentworth. [4-55] [Summons to the Council to Attend a Court of Admiralty in Faneuil Hall, 1748.] Province of the Massachusetts Bay By his Excellency the Governour, To the Honourable the Members of His Majesty's Council for the Seal Province of New Hampshire & Each and Every of them Greeting. You are hereby Summoned to appear at the Courthouse in Faneuil Hall Boston upon Tuesday the third day of May next at ten o'clock in the forenoon at a Court of Admiralty then & there to be held for the Tryal of Richard James who stands charged with the Murther of one Thomas Lewis upon the High Seas within the Admirals Jurisdiction on or about the twenty fifth day of December last. Given under my hand & Seal at Boston aforesaid the fourteenth day of April in the twenty first year of the Reign of our Sovereign Lord King George the Second, Annoq Dom. 1748: [The foregoing is copied from the original. - ED.] [Shirley to Wentworth.] [Belknap Papers, Vol. II., p. 264.] W Shirley. Boston, April 26, 1748. Sir Being oblig'd to send to the Duke of New Castle's office all the accounts and vouchers of the Expense of the late intended Expedition agst Canada, pursuant to his Majty's commands to Mr. Knowles and me to collect and transmit 'em to his Grace, by the first opportunity, wch will be in abt seven days, I should be glad if your Excellency would furnish me with such Rolls, accts and vouchers in this affair as you shall think proper to transmit home of the Troops rais'd within the Province under your own Governmt, by the return of the Post. I wish your Excy joy of Mr. Knowles success agst Port Louis, (1) and the prospect there is of opening all the French Ports on that side; as also of the confirmation of Admiral Hawke's Squadron having taken the Magnanimous from the French. I am, in haste with great regard Sir, Your Excellencys most Obedient Humble servant His Excy Gov' Wentworth. [4-57] [Memorial of Captain Joseph Sherburne, 1748.] Province of า To the Honourable House of Representatives, New Hampshire of his Majesties Province of New Hampshire, in New England, (Guardians, of the Rights and Privileges, of the Inhabitants, within the same) now Convened in General Assembly. — The Memorial & Request, of Joseph Sherburne, of Portsmouth, within said Province. Humbly Sheweth, That in the Year 1744, when an Expedition was set on foot against Cape Breton, the said Joseph voluntarily enter'd into that Service, and went thither, Master of a Transport, with Troops & Stores. — That Soon after the Landing of the Troops, on that Island, a Siege was form'd, against the city of Louisbourg, in which, the Memorialist, had a full Share of Action, being Order'd by the General, to quit his Transport, and take upon him the Command, of the Cannon in the Advanced Battery, as by a Copy, of the Generalls Warrant, for that Purpose, hereunto Annexed, may Appear; in which Command, he humbly hopes, he neither disgraced himself nor Dishonoured his Country. That, some little time after, the General honoured him, with a Captains Commission, for a foot Company, to Reward his faithfull Services, as a Canoneer, and for his further Encouragement, to Continue in that Hazardous Command. That after the Surrender of Louisbourg, he was Appointed Store keeper, to his Majesties Office of Ordnance, within that Garrison; (1) Port Louis, a maritime town of Guadaloupe, West Indies. as by the Copy of a Certificate, from the General, & Admiral, hereunto Annexed, may also appear, which says, he was a very Active Officer, and Acted, with the Strictest Fidelity, Industry, & Care, & to their Intire Satisfaction. That upon his return from Louisbourg where he had Wintered, he found his Country, beating to Arms, in Order to raise a Force, for an Expedition against Canada; and thereupon (at the Request of his Excellency the Gov') he enter'd a Second time, into his Majesties Service, tho' he was then bound another way, to Seek a better Recompence, for his past Services, than he could expect to Obtain, in New England, which Design, he then laid aside, purely for the sake, of Serving his Majesty and his Country, in the new Expedition, and at the Desire of his Excellency, as aforesaid, which will in some Measure Appear, by the Copy of a Letter, from Mr Atkinson to Mr Thomlinson (in favour of the Memorialist) which is also hereunto Annexed. That his Excellency first, gave the Memorialist beating Orders; then a Commission to Command an Armed Brigantine, in an Expedition, against his Majesties Enemies, particularly the french Settlements in the Gulph of St Laurance, Quebec, and Mount Royal, & elsewhere; and afterward a Second Commission to be Captain of a Company, destin'd for the Succour of Annapolis Royal, by which, he was vested, with a double Command both by Sea & Land; That he did go to Annapolis, pursuant to the Governors Order, where he pass'd his Musters & has Certificates thereof, both from the Governor, & Commissary of War, ready to be laid before the Honourable House, if required. Notwithstanding all which & a variety of Orders, which he received from his Excellency, in his double Capacity, of Captain both by Sea & Land, & the most ready & Punctual Obedience, which he paid to them. Yet so it is, that he was lately Informed, by the Honble Mr Atkinson, Pay Master of the Troops, that his Excellency had determined, that his, the Memorialist's Pay should be that of a Lieutenant & no more; which must be Acknowledged to be such a resolve, as is eno' to Awaken Indolence, & Make, even Indifference it self Sanguine; however he Chooses to Waive any Remarks, that would Aggravate the Unkindness, with which he has been used. Upon the whole the Memorialist Humbly prays the Advisement of the Honourable House in the Premises, And that they will be pleased, to become Intercessors, in his Behalf, that he may not be disgraced, and degraded, Undeservedly, nor deny'd the pay to which his Commissions Intitle him, namely that of a Single Captain at Least, to which he humbly Apprehends both by the rules of War & Common Justice, he has an Undoubted Right. And if their |