|
|
Lib. J. R.
& U. S.
|
indented Servants, the supposition that the King is precluded
by the Contracts between them and their Masters from the
Right he before had to their Service for the Defence of his
Dominions is not founded in the nature of Governmt, in gen-
eral & is contrary to the Practice of it in the English Con-
stitution :
A Discussion of these Points at large would lead into too
wide a Field for the Compass of this Letter, it may suffice
to shew what the Practice upon them is in these Colonies;
and in doing this I shall confine myself to that within the
province of the Massachusets Bay, the Constitution of which
as it is a Charter Government, will I suppose be admitted
to be decisive in this Case.
|
|
|
|
p. 87
|
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 em-
ployed in marching Companies or Garrison Duty for the pro-
tection 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 Expedi-
tions 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 ex-
tinguish either this Governments Right to impress them into
the before mentioned Service, or the Servants Right volun-
tarily 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
|
|
