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      [111] On this affair, Thomas Church, Entertaining Passages (1716). The writer was the son of Benjamin Church. Penhallow; Belknap, i. 266; Dudley to , 21 April, 1704; Hutchinson, ii. 132; Deplorable State of New England; Entreprise des Anglais sur l'Acadie, 1704; Expditions faites par les Anglais de la Nouvelle Angleterre, 1704; Labat, Invasion des Anglois de Baston, 1704.

      Whatever the motives of the expedition, it left Montreal in June, under the Sieur de Lignery, followed the rugged old route of the Ottawa, and did not reach Michilimackinac till after midsummer. Thence, in a flotilla of birch canoes carrying about a thousand Indians and five hundred French, the party set out for the fort at the head of Green Bay.[347] Here they caught one Outagamie warrior and three Winnebagoes, whom the Indian allies tortured to death. Then they paddled their canoes up Fox River, reached a Winnebago village on the twenty-fourth of August, followed the channel of the stream, a ribbon of lazy water twisting in a vague, perplexing way through the broad marsh of wild rice and flags, till they saw the chief village of the Outagamies[Pg 339] on a tract of rising ground a little above the level of the bog.[348] It consisted of bark wigwams, without palisades or defences of any kind. Its only inmates were three squaws and one old man. These were all seized, and, to the horror of Pre Crespel, the chaplain, were given to the Indian allies, who kept the women as slaves, and burned the old man at a slow fire.[349] Then, after burning the village and destroying the crop of maize, peas, beans, and squashes that surrounded it, the whole party returned to Michilimackinac.[350]

      [Pg 208]Philipps was succeeded by a deputy-governor, Lieutenant-Colonel Armstrong,a person of ardent impulses and unstable disposition. He applied himself with great zeal and apparent confidence to accomplishing the task in which his principal had failed. In fact, he succeeded in 1726 in persuading the inhabitants about Annapolis to take the oath, with a proviso that they should not be called upon for military service; but the main body of the Acadians stiffly refused. In the next year he sent Ensign Wroth to Mines, Chignecto, and neighboring settlements to renew the attempt on occasion of the accession of George II. The envoy's instructions left much to his discretion or his indiscretion, and he came back with the signatures, or crosses, of the inhabitants attached to an oath so clogged with conditions that it left them free to return to their French allegiance whenever they chose.[38] Clinton to Lords of Trade, 30 July, 1750.

      The Chinese penal code of 1647 is probably the nearest approach to Beccarias conception, and nothing is more marvellous than the precision with which it apportions punishments to every shade of crime, leaving no conceivable offence, of commission or[86] omission, without its exact number of bamboo strokes, its exact pecuniary penalty, or its exact term or distance of banishment. It is impossible in this code to conceive any discretion or room for doubt left to the judicial officers beyond the discovery of the fact of an alleged crime. But what is practicable in one country is practicable in another; so that the charge so often urged against thus eliminating judicial discretion, that it is fair in theory but impossible in practice, finds itself at direct issue with the facts of actual life."Buckingham Palace,

      along for forty-seven years without changing a single idea ought toHere was an unlooked-for deliverance. Yet the danger was not over; for there was fear lest the Outagamies and their allies, hearing of the approach[Pg 283]ing succor, might make a desperate onslaught, burn the French fort, and kill its inmates before their friends could reach them. An interval of suspense followed, relieved at last by a French sentinel, who called to Dubuisson that a crowd of Indians was in sight. The commandant mounted to the top of a blockhouse, and, looking across the meadows behind the fort, saw a throng of savages coming out of the woods,Pottawattamies, Sacs, Menominies, Illinois, Missouris, and other tribes yet more remote, each band distinguished by a kind of ensign. These were the six hundred warriors promised by the Huron messenger, and with them, as it proved, came the Ottawa war-chief Saguina. Having heard during the winter that the Outagamies and Mascoutins would go to Detroit in the spring, these various tribes had combined to attack the common enemy; and they now marched with great ostentation and some show of order, not to the French fort, but to the fortified village of the Hurons, who with their neighbors, the Ottawas, had arrived just before them.


      [27] Relation des venements de la Guerre, 30 Oct., 1688.


      [15] Denonville au Ministre, 8 Juin, 1687.


      [127] Pouchot, Mmoires sur la dernire Guerre de l'Amrique Septentrionale, I. 8.