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in his majesty's plantations and colonies in America, which made houses, lands, negroes, and other real estates affets for the payment of debts. It was paffed in 1732, upon the petition of the English merchants trading to the colonies, who complained, that in Virginia and Jamaica, a privilege was claimed to exempt their houses, lands, tenements, and negroes, from being extended for debt: the lords of trade at the fame time represented, that the affemblies of those colonies could never be induced to diveft themselves of these privileges by any act of their own. But whatever objections were made to the above acts, no general measure was adopted to obtain their repeal. They continued in being; but the hatters act was difregarded; and methods were devised for felling the prohibited trees, when the neighbourhood wanted a fupply. The operation of the act defigned for the benefit of creditors, was too often, as in other countries, weakened or evaded by the dishonest debtor. Men of principle gave themselves little concern about its existence, as they had nothing to fear from it, and knew that the fame was intended to prevent perfons being cheated out of their property.

The fugar colonifts combined together, and obtained an act against the trade carried on from the British northern provinces to the Dutch and French colonies, for foreign rum, fugar, and molaffes. The act paffed in 1733, and laid a duty of nine-pence a gallon on rum, fix-pence a gallon on molaffes, and five pounds on every hundred weight of fugar, that came not from the British West-India islands, and were brought into the northern colonies. It was profeffedly defigned as a prohibition from the foreign iflands; but did not anfwer.

It was found expedient, and for the general benefit, to admit of the molaffes, &c. being moftly run into the colonies, without infifting upon the duties, or making frequent feizures. The act unhappily produced an illegal fpirit of trading; but was continued by fubfequent ones down to 1761; when the duty on the molaffes was reduced to three-pence, to prevent its being run any longer. The act did not appropriate the monies to be raifed by the duties, fo that when, in length of time, there was a fum in the hands of the receiver worth remitting, a demur enfued as to the application of it.

The monies produced by this and other acts, were not confidered as real taxes, either by the colonies or the mother country. But fome perfons wifhed to have taxes impofed upon them, which would neceffarily produce many good pofts and places in America for courtiers; and during the war with Spain, which broke out in 1739, a scheme for taxing the British colonies was men- 1739. tioned to Sir Robert Walpole. He fmiled, and faid, "I will leave that to fome of my fucceffors, who have more courage than I have, and are lefs friends to commerce than I am. It has been a maxim with me, during my administration, to encourage the trade of the American colonies in the utmoft latitude; nay, it has been neceffary to pass over fome irregularities in their trade with Europe: for, by encouraging them to an extenfive growing foreign commerce, if they gain 500,000l. I am convinced, that in two years afterward, full 250,000l. of their gains will be in his majesty's exchequer, by the labor and produce of this kingdom, as immenfe quantities of every kind of our manufactures go thither; and as they increase in their foreign Ame

rican trade, more of our produce will be wanted. This is taxing them more agreeably to their own conftitution and ours."

Had the fcheme for taxing the colonies been attempted, it would have occafioned a ferment, that must have prevented thofe exertions in the common caufe, which were given into by the New Englanders, especially the Bay-men, fo the inhabitants of the Massachusetts Bay are frequently called.

War being declared against Spain, a requifition of troops was made to the Massachusetts, and a larger number raised and embarked on his majesty's fervice than was required, of whom, fcarce one in fifty returned. 1744. Upon receiving the declaration of war with France, the general court, then fitting, made immediate provifion for raifing forces for Annapolis in Nova Scotia: they happily arrived in feason, and were the probable means of saving the country. Divers times afterward, Nova Scotia, when attacked by the French, was relieved by the Bay-men; fo that during that unprofperous war, poffeffion was always kept of it for the crown of Great Britain.

3745.

But the most important fervice to be mentioned, is the reduction of Louisburgh. Governor Shirley's heart was set upon effecting it. He prevailed upon the two houses to lay themselves under an oath of fecrecy; and then communicated his plan of the expedition. A committee was appointed to confider it, and were feveral days in deliberating. After mature confideration, a majority disapproved of the propofal. The report was accepted, and the members of the court laid afide all thoughts of the expedition. By the governor's influence probably, as well as with his approbation, a petition

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from a number of merchants was presented to the house of representatives, praying a re-confideration of their vote, and their agreement to the governor's propofal. A fecond committee reported in favor of it. The report was debated in the house the whole day. It is remarkable, that Mr. Oliver* fell down, and broke his leg, while going to the house, with a full defign of oppofing the expedition. His prefence would have made a majority, and overfet it; but this accident occafioned his abfence; and upon the divifion in the house at night, the numbers were equal. The speaker, Thomas Hutchinfon, efq; t was called upon to give the cafting vote; which he did in favor of it, though he oppofed it when in the committee. He was, probably, prevailed upon. thus to vote, that he might fecure the favor of the governor, and render himself the more popular.

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The point being now fettled, there is an immediate Jan. union of both parties; and all are equally zealous in carrying the defign into execution. Meffengers are dispatched as far as Pennsylvania, to entreat the junction of the feveral governments in the expedition. All excuse themselves, except Connecticut, New Hampshire, and Rhode Island. The first agrees to raise 500 men, the other two 300 each. Connecticut and Rhode Island confent also, that their colony floops fhall be employed as cruifers.

The time for preparing is fhort. But the winter proves fo favorable, that all kinds of out-door business is carried on as well, and with as great difpatch, as at any other season. The appointment of a general officer is of the utmost confequence. He must be acceptable *The prefent lieut. governor [1772.] + The prefent governor [1772.]

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to the body of the people; the inlistment depends upon this circumftance. It is not eafy to find a perfon, thus qualified, willing to accept. Colonel Pepperrell has the offer from the governor; but is rather preffed into the fervice, than engages voluntarily. His example, in quiting for the prefent his extensive mercantile bufinefs, has confiderable influence; and induces inferior officers, and even private foldiers, to quit their fmaller concerns, for the fervice of their country. Governor Wentworth, of New Hampshire, offers afterward to take the command of the expedition. Two or three gentlemen of prudence and judgment, are confulted upon the occasion, by governor Shirley, who finds them clearly of opinion, that any alteration of the prefent command would be attended with the greatest risk, of entirely difgufting both the Maffachusetts affembly and foldiers t. By the efforts of a general exertion in all orders of men, the armaApr. ment is ready, fails, and arrives at Canfo the fourth of 4 April. The Bay-men confift of 3,250 troops, exclufive

of commiffion officers. The New Hampshire forces, 304, including officers, arrived four days before. The Connecticut, being 516 inclufive, arrive on the twentyfifth. The 300 Rhode Islanders do not arrive till the place has furrendered.

Toward the end of the month, commodore Warren arrives from the West Indies, with a fixty gun fhip, and two of forty; and joins another of forty, which had reached Canfo the day before, in confequence of his orders, received while under fail from Portsmouth in New Hampshire on her way to Britain. The men of war fail immediately to cruife before Louisburg. The forces Grandfather of the prefent Sir William Pepperrell [1787.] + Governor Shirley's Letter of February 16, 1744.

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