^i C_&y,i.ei:i./?/^t^.af_,./yy^ ^i'du j^yyl^^ ^yr^it-r^'^^-'--^ioi(2 . fl.e.^ f8'ss:_ A.ROHIVES STATE OF lEW JERSEY. FIRST SERIES, Vol. IX. This volume was compfled and edited by authority of the State of New Jersey, at the request of the New Jersey Historical Society, and under the direc tion of the following committee of that Society : Nathaniel Niles, C/i'n, Joel Parker, William Nelson, Garret D. W. Vroom, Frederick W. Ricord, DOCUMENTS RELATING TO THE OOLOISriAL HISTOEY STATE OF NEW JERSEY. EDITED BY FREDERICK W. RICORD AND WM. NELSON. V^OLXJJME IX. ADMINISTRATIONS OE PRESIDENT JOHN READING, LIEUTEN ANT-GOVERNOR THOMAS POWNALL, GOVERNOR FRANCIS BERNARD, GOVERNOR THOMAS BOONE, GOVERNOR JOSIAH HARDT, AND PART OF THE ADMINISTRA TION OF GOVERNOR WILLIAM FRANKLIN. 1757-1767. NEWARK, N, J. : DAILY ADVERTISEK PRINTING HOUSE, 1885. CORRECTIO.XS A.\D AUDITIONS. Page 1,3.— " Mowsons," evidently an error of the copyist for " Moccasons." 135.— Line seven from bottom, for "prod," evidently an error of the copyist for "procl.," i. e., proclamation money. " 250.— The Bocument given is from Vol. LXXXIX, N. Y. Col. MSS. " 325.— In first line of note, for '"Judges," read "Judge," i. e., Samuel NeviU. 318.— " Bartington " is probably a clerical error for "Burlington." 3;39. — In the first line of the note, after " Governor Lewis Mon'is," insert " his father-in-law." In line twenty-one of the note, for "Judge John Field," read "Judge John Fell." " 310.— In line six of the note, for "76., 20," read '•'¦Record Christ Church, 26." ^79.- In line fifteen of the note, for " simple," read " single." " 394. — In lines tbree and four of the note, omit the words " In 1747 he was ap pointed member of the Comicil." In line fourteen, for "father," read "great uncle, Dr. Eichard Smith." CONTENTS PAGE. 1757 — Sept. 23. — Letter from Thomas Pownall, Lieutenant-Gov ernor of New Jersey, to the Secretary of the Lords of Trade, acknowledging the receipt of the Resolu tions of the House of Commons of May 28, 1757 1 '¦ 23. — Letter from Lieutenant-Governor Pownall of New Jersey to John Reading, President of the Council, on leaving the government in his hands. 3 33. — Address of the Council of New Jersey to Thomas Pownall, Esq., Lieutenant-Governor and Comman der-in-Chief of the Colony of New Jersey, and his answer 4 " 34. — Address of the Corporation of the City of Perth Amboy to Lieut". -Governor Pownall, and his answer 6 " — Oct. 7. — Letter from Ijieutenant Williara Skinner to his father, Rev. William Skinner, informing him of his promotion from the Provincial to the Royal troops. . 8 '¦ — Retum of Stores at Schenectady, Nevv York, made by Col. John Parker, 1757 10 " — Nov. 16. — Order ot the Lords of the Committee of Council for Plantation Afifairs, referring to the Board of Trade a petition of the Agent for the Assembly of New Jersey, praying that the Governor may be di rected to assent to a bill for emitting £60,000 in Paper Bills of Credit 11 ¦' " 25. — Letter from William Skinner to his father. Rev. William Skinner, giving an account ofhis promotion from the Provincial to the Royal troops 14 ¦ ' — License to Joseph Price as Branch pilot 18 •' — Warrant settling the ranlv of Provincial officers in North America .-. --- 19 17.58 — Jan. 37. — Order of his Majesty in CouncD approving a Rep resentation of the Lords of Trade, proposing Francis Bernard, Esq., to be Govemor of New Jersey, and directing a Commission to be prepared 31 vi CONTENTS. PAGE, 1758- -Draft ot the Commission of Francis Bernard as Govemor of New Jersey, submitted to the Attorney ^^ and Solicitor General " '• -Feb. 31.-Report of the Lords ol Trade upon the petition ot the Agent of New Jersey, respecting a bill for issuing £89.000 in Paper Bills of Credit. " 23.— Representation to the King from the Lords ol Trade, with a draft of General Instructions and those relating to Trade, tor Francis Bernard. Governor of New J ersey .__ --- 35.— Memorial of Richard Partridge, Agent for New Jersey, respecting a bill passed by that Colony for emitting £89,000 in Bills of Credit 107 •• —March 10.— Letter from John Reading, Acting Governor, to WilUam Denny HO " " 11.— Letter from Governor Pownall. of Massachusetts, to President Reading .. -.-- HI " •' 33.— Letter from the Lords Commissioners for Trade and Plantations to the Attorney and Solicitor Gen eral, enclosing questions upon whioh their opinion is desired 112 " —June 9.— Report ot the Lords of Trade to the Privy Council upon a second remonstrance of the Agent of New Jersey respecting a bill prepared by the Assembly authorizing the issue of £89,000 in Bills of Credit... 113 " " 30. — Letter from Governor Francis Bernard to the Lords of Trade, giving an account ot his arrival in his government, ete 116 " — July 3. — Letter from Governor Bernard to the Lords of Trade, giving an account of his visits to different parts of his government and his interview with Gov ernor Denny and General Forbes iu regard to the Indian invasion . 130 " " 7. — Letter from Governor Bernard, announcing the death ot Mr. Ainsley, Chief -J ustice of New Jersey.. 124 " " 7.— Message from Governor Bernard to the Minisink Indians 125 " —Aug. 24. — Letter from Governor Bernard to the Lords of Trade — Had prorogued the Assembly — Vacancies in the Council— Indian affairs, etc. 126 31.— Letter from Governor Bernard to the Lords of Trade, enclosing copy of message trom the Asserably 129 " " 31.— Letter from Governor Bernard to tho Lords of Trade, respecting the manner of the Assembly's pass ing Bills of Credit during the time of war, with his CONTENTS. Vll PAGE. observations upon the necessity of a Special Instruc tion to empower him to pass such bills 131 1758— Sept. 15. — Letter from Governor Bernard to the Lords of Trade, relating to the necessity, should the war con tinue, of a special power from his Majesty for raising money _ 137 " — Oct. 31. — Letter from Governor Bernard to the Lords of Trade, giving an account of the Conferences held at Easton with the Chief Sachems and warriors of sev eral nations of Indians ._ 139 " — Nov. — . — An estimate for raising, paying and clothing a regiment of 1,000 men; the bills of credit outstand ing, and the amount sunk each year 143 " — Dec. 7. — Representation to the King from the Lords of Trade, inclosing Copies of Letters and papers received from Govemor Bernard, relative to a law tor issuing Bills ol Credit without a suspending clause 147 '¦ •• 9. — Extract from a Letter from Secretary Pitt to Gover nor Bernard of New Jersey, urging preparations for the invasion of Canada. _ 149 " " 13. — Order of Kiug and Council, approving the appoint ment of Charles Read and John Smith as members ot the New Jersey Council, in place of John Reading and Thomas Leonard 151 1759 — Feb. 8. — Letter from the Lords of Trade to Governor Ber nard, in answer to several of his communications 152 " " 8. — Report of the Lords of Trade to the Lords of the Privy Council, with the draft of an instruction to Govemor Bernard, relative to the passing paper BiUs ol Credit 156 " — March 6. — Speech of Governor Bernard to the Legislature of / New Jersey .: 159 " " 14. — Answer to the above.- -. 162 " " 15. — Address of Governor Bernard to the Legislature. . 163 '1 " 20. — Letter from Govemor Bernard to Secretary Pitt, relative to the unanimity and despatch manifested by the New Jersey Assembly, in carrying out the King's Commands --- 166 " " 21. — Letter from Governor Bernard to the Lords of Trade, informing them that the Assembly had passed a bUl for raising one thousand men, and a bUl for their support - — .-- 168 II " 30. — Letter from Governor Bernard to the Lords of Trade, containing his observations upon the Money Bills passed for extraordinary purposes, etc 170 B Vlll CONTENTS. PAGE. 1759— April 38.— Letter from Colonel John Parker to Lewis John son, referring to the co-operation of the Indians m the campaign, with which he was connected 173 •' —May 33.— Representation from the Lords of Trade to the King, proposing Nathaniel Jones as Chief-Justice in the room of WiUiam Aynesley, deceased 173 " —June 15.— Letter from Governor Bernard to the Lords of Trade, informing them that the New Jersey Regiment had arrived at Albany, and that he had laid out a town for the Indians in Buriington County, gi-eatly to theii' satisfaction . 1^'* " —Aug. 38.— Letter from Governor Bernard to the Lords of Trade, concerning the pretentions of Eobert Himter Morris to the ofaee of (Mef-Justice of New Jersey... 176 ¦' —Oct. 11.— Order of the CouncU ol New York for the arrest of Sussex County men for alleged trespass— Northern Boundary dispute -- 178 '' — Nov. 11.— Letter Irom the Sheriff of Orange County, relum ing the above order. -. 183 " " 13.— Circular Letter to aU his Majesty's Governors, inclosing a printed copy of proclamation for a general thanksgiving 188 " " — . — Of&cers of the New Jersey Regiment in the French War, 1758, 1759 184 " " 14. — Letter from the Lords of Trade to Governor Ber nard, acquainting him that the King had been gra ciously pleased to approve of his being appointed Governor of Massachusetts Bay 188 " " 37. — Order of His Majesty in CouncU, approving a Rep resentation of the Lords ot Trade, proposing Thomas Boone to be Governor of New Jersey 189 ¦' " 37. — Representation from the Lords of Trade to the King, with the draft of a Commission tor Thomas Boone to be Governor of New Jersey 190 " — Dec 14. — Letter from the Loj'ds of Trade to Governor Ber nard, on the pretentions of R. H. Morris to assume the ofBce of Chief -Justice of the Province 191 1760— Feb. 13. — Representation Irom the Lords of Trade to the King, with the draft of general instructions, and those relating to trade, for Thomas Boone, Governor ot New Jersey 193 ¦' " — . — Commission to Thomas Boone, Govemor of New Jersey 194 " " — . — Commission to Thomas Boone as Vice-Admiral of New Jersey igg CONTENTS. ix PAQB. 1760— Feb. 14.— Letter from Thomas Boone, of South Carolina, to the Lords of Trade, acknowledging the honor con ferred upon him by his appointment as Governor of New Jersey 205 " " 32.— Letter from Mr. Robert Hunter Morris to Gover nor Bernard, showing why he ought to have been permitted to resume his office of Chief-Justice, and inclosing a copy of his patent appointing him to that office _ 206 " 25. — Letter from Govemor Bernard to the Lords of Trade, expressing his gratitude for his appointment as Govemor of Massachusetts Bay — the solemnization of a day of thanksgiving — Mr. Morris' claims to the office of Chief-Justice 209 " —March 33.— Letter from Governor Bernard to the Lords ol Trade with the Proceedings of the Suprerae Court in relation to the claim of Mr. Morris to the offlce of Chief- Justice 313 " " 34. — Letter from Thomas Boone of South Carolina to the Lords of Trade, acquainting them with his inten tion to embark in a few days in order to assume the Govemment of New Jersey 318 " " 36. — Letter from Governor Bernard to Secretary Pitt, inclosing his address to the CouncU and Assembly, together with the Answer of the Assembly. 219 " " 39. — Letter from Govemor Bernard to the Lords of Trade, commenting on the BUl for raising troops in the Province 334 " — June — . — Petition of the Earl of Stirling and others to the King for payment of £7000 purchase money for Long Island, granted to their ancestors 336 " " 17. — Representation from the Lords of Trade to His Majesty, respecting the dispute between Robert Hunter Morris and Nathaniel Jones for the office of Chief -Justice of New Jersey ... 330 " — July 15. — Letter from Governor Boone to the Lords of Trade informing them of his arrival in New Jersey. 234 " — Aug. 10. — Letter from Robert Hunter Morris to Governor Boone, setting forth the state of the dispute between him and Mr. Jones for the office of Chief-Justice 335 " — Sept. 3. — Letter from Govemor Boone to the Lords ot Trade, transmitting the foregoing letter from Robert Hunter Morris 338 ' — Order from Secretary Pitt to continue the use of the former Seal of New Jersey. -- 339 X CONTENTS. PAGE. 1760— Oct. 33.— Letter frora Governor Boone to Secretary Pitt in regard to the imputed illegal trade in New Jersey... 340 39.— Representation from the Lords of Trade to the King, inclosmg a draft of a proclamation for pro claiming hira in the American Colonies 341 39.— Circular Letter from the Lords of Trade to the Governors ot North America informing them that warrants for using the old Seals, etc., were in course of preparation 243 30.— Representation from the Lords of Trade to the King with a draft of instructions to the Governors in America relating to the alterations in the prayers forthe royal family 344 " —Nov. 31.— Warrant to David Price to impress vessels to trans port troops to New Jersey — - 346 " —Dec. 3.— Letter from the Lords of Trade to His Majesty's Engraver of Seals, with directions for engraving new ones for the Colonies 247 " " 15. — Letter from Governor Boone to the Lords of Trade, referring to the amicable proceedings of the last Assembly 348 1761 — Jan. 13. — Letter from Governor Boone to the Secretary of the Lords of Trade in relation to the defective postal arrangements in the Province 349 " — Feb. — . — Petition of Philip Swartwout and others — Northern Boundary dispute 350 " " 13. — Letter from President Colden of New York to Govemor Boone — Northern Boundary dispute 353 " — March 17. — Order of CouncU directing the Lords of Trade to prepare warrants for continuing Christopher Coates and Joseph WarreU in their respective offices of Secretary and Attorney-General of New Jersey 257 " — Extract from a letter from Rev. David Bostwick relative to the death of Samuel Davis, fourth Presi dent of the College of New Jersey 258 " " 20. — Order of CouncU approving of the representation from the Lords of Trade proposing that Josiah Hardy be appointed Govemor of New Jersey 359 " —AprU 8. — Letter from Govemor Boone to the Lords of Trade stating what had been done in New Jersey towards raising additional men for the service of the year 1761, and as to other matters 260 " " 8. — Letter from Governor Boone to Secretary Pitt relating to the action of the Assembly of New Jersey 261 CONTENTS. xi PAGB. 1761 — April 14.— Order in Council approving a Commission for Josiah Hardy, Esq., to be Govemor of New Jersey. . 263 " " 16.— Letter from Mr. Charles Boone to the Lords of Trade, praying that his brother. Governor Boone, be allowed to visit England before going to assume the Government of South Carolina 363 " " 17. — Representation to his Majesty relative to the dispute between Mr. Jones and Mr. Morris for the office of Chief- Justice of New Jersey 364 " " 29. — Letter from the Secretary to the Postmaster-Gen eral to Secretary Pownall, inclosing a letter from Benjamin Franklin relative to the Post Routes in New Jersey 385 " —Commission of Josiah Hardy to be Governor of New Jersey 270 " — May 6. — Representation to his Majesty from the Lords ol Trade, with draft of General Instructions, and those relating to Trade, for Josiah Hardy, Governor of New Jersey 373 " " 34. — Letter from Captain Wm. Skinner to his brother, Cortlandt Skinner, giving an account of the assault and landing upon the island ol Belle Isle by the English forces . 377 " — June 5. — Letter from Governor Boone to the Lords of Trade, transmitting acts of the New Jersey Assembly — decUned issuing new Commissions to the Govemment offices 379 " " 13. — Commission of Josiah Hardy to be Vice-Admiral of New Jersey 380 " " 16. — Representation of the Lords of Trade to the King with the naraes of sueh persons as were thought proper to be inserted in the Coraraission for trying Pirates 383 " " 25. — Order in CouncU approving the draft of Instruc tions for Josiah Hardy, Governor of New Jersey. 385 " — July 7. — Address of the House ol Representatives to Gov emor Boone, complimenting his administration 387 " 7. — Answer of Governor Boone to the same 388 " " 34. — Orders, Rules and Instructions to be observed by the Receiver-General of the several Colonies in America .. 289 '¦ " 38. — Letter from Governor Boone to the Lords of Trade, informing thera that an Act had been passed for con tinuing a part of the New Jersey Regiment, and that he had suspended Mr. AntUl, one of the Council 399 Xll CONTENTS. PAGE. 1 761— Aug. 30. —Letter from Governor Boone to the Lords of Trade, giving an account of the seizure and condemnation of a vessel and cargo engaged in illicit trade •. . . 300 " —Sept. 16.— Representation from the Lords of Trade to the King, with a draft of instructions to the Govemors of the Colonies, relative to an alteration in the prayers for the Koyal Family 303 " " 31.- Letter from Governor Boone to the Secretary of State, with congratulations on the King's intended marriage 304 " —Oct. 30.— Letter from Governor Boone to the Lords of Trade relative to his receiving leave of absence before pro ceeding to South Carolina 305 " — Nov. 13. — Letter frora Secretary PownaU to the Secretary to the Lords Commissioners of the Treasury, inclosing a copy of Governor Boone's letter of August 30, rela tive to the seizure of a vessel engaged in ilUcit trade 306 " 23. — Order of the King in Council approving of a rep resentation of the Lords of Trade relative to the pass ing of Patents for Lands upon the Mohawk river, and the granting Judges' Commissions during good behavior 308 " 23. — Letter from Governor Hardy of New Jersey to the Lords of Trade, announcing his arrival in the Prov ince, and asking to have the suspension of Edward Antill confirmed 316 35.— Articles of Association to work Royal Mines in New Jersey or elsewhere ... 318 —Dec. 3.— Communication frora the Lords of Trade to the King, with draft of nistruotions to the Governors of the Colonies as to the settlements on the border, and as to the tenure of Commissions granted to Judges and other officers __ 321 3.— Order in Council directmg Instructions to be sub mitted for the King's signature, in relation to grant ing lands and Judges' Commissions 324 13.— Letter from the Eari of Egremont, Secretary of State, to the Colonial Governors in America, in rela tion to raising additional troops 330 33.— Representation from the Lords ot Trade to the King, recommending the disapproval of two Acts passed in New Jersey in AprU, 1761 331 1763— Jan. 2.— Order in Council for removing Edward AntUl from his seat in the CouncU of New Jersey, and for ap pointing John Stevens a Councillor in his room 335 CONTENTS. xiii PAGE. 1763— Jan. 6.— Letter from (Captain) George Otter to Lewis John ston, relative to an Island on the right hand side be twixt Burlington and Bristol— Sir Jeffrey Amherst had acquitted himself with great honor— Reported that Parliament would tax their good subjects in America 337 " —Commission of Richard Saltar as Third Justice of the Supreme Court of New Jersey. 340 " —Memorial of Nathaniel Jones to the Earl of HiUs- borough. Secretary of State, in regard to the diffi culties in New Jersey 343 " —Jan. 30.— Letter from Governor Hardy to the Lords of Trade informing them that he had appointed Mr. Morris Chief- Jus tice, and Messrs. NevUl and Saltar Second and Third Judges, and referring to a bUl before the Assembly for laying a duty on the importation of Negroes 345 " " 33. — Letter from Govemor Hardy to the Earl of Egre mont, relative to the duty on imported Negroes, and the Commissions of Govemment offlcers. 347 " — March — . — Memorandum of case referred to the Attorney and Solicitor-General, as to whether Governor Hardy's ap pointments of Judges during good behavior are vaUd. 349 " " 17. — Letter from Secretary of the Lords ol Trade to Sir Matthew Larab, desiring hira to prepare a draft of a bUl for the punishment of murder committed within the Admiralty jurisdiction in the Plantations ... 351 " " 33. — Commission of John Brainerd, as Superintendent and Guardian of the Indians at Brotherton ... 355 " " 33. — Commission for Siu-rogates in the Western and Eastem Division of New Jersey. 359 " " 37. — Letter from the Secretary of the Lords of Trade to Robert Wood, inclosing a representation from that body, asking for the removal of Governor Hardy 360 ¦ " — April 29. — Letter from Govemor Hardy to the Secretary of State, on the declaration of war against Spain 363 " — June 33.— Letter from Governor Hardy to Secretary Pownall — The Commissions during good behavior had been relinquished by the Judges — Robert Hunter Morris strongly recommended for Chief -Justice — The death of Andrew Johnston expected 364 " — .July 8. — Sir Jeffrey Amherst to the Commanding Offlcer at Elizabethtown (Captain Elias Dayton) — Gov. Hardy had informed him that upwards of twenty men were ready at Elizabethtown to embark for Albany — Or ders them to do so 365 xiv CONTENTS. PAGE. 1763— July 16. — Letter from Governor Hardy to the Lords of Trade, announcing the death of Andrew Johnston, and recommending Stephen Skinner to be his suc cessor as Treasurer of East Jersey, and three other gentlemen for the CouncU 366 " —Aug. 30.— Letter from the Earl of Egremont to the Lords ot Trade, announcing His Majesty's appointment of WilUam Franklin to be Governor of New Jersey 368 " —Sept. 1.— Commission of WUliam Franklin as Govemor of New Jersey 368 " " 3. — Commission of WiUiam Frankhn as Vice-Admiral of New Jersey 373 " " 11. — Letter from the Earl of Egremont to Governor Hardy, informing him of his removal from the Gov ernment of New Jersey 374 " " 37. — Representation from the Lords of Trade lo the King, inclosing a draft of instructions for the Gover nors, relative to an alteration in the prayers for the Royal FamUy 375 " — Oct. 9. — Letter from Govemor Hardy to Mr. Pownall, announcing the appointment of Mr. White as Judge of the Admiralty in the room of Mr. Lewis Morris, deceased .. . 377 " — Dec. 3. — Letter from Governor Hardy to the Earl of Egre mont, acloiowledging the receipt of the letter relative to his removal from offlce 379 1763 — Jan. 18. — Answer of the Attorney-General to the queries pro pounded, as to the validity of Govemor Hardy's appointments ._ 880 " — April 37. — Letter from Secretary Pownall to Attorney-General Yorke, relative to the holding of lands in America by aliens __. 883 " — May 3. — Letter from Govemor Hardy to the Lords of Trade, inclosing acts and pubUc papers, with observations thereupon 383 " " 10. — Letter from Governor Franklin to the Lords of Trade, acquainting them with his arrival in New Jer sey, and notifying them of three vacancies in the CouncU of that Province. 383 " —June 27.— Letter from Governor Franklin, inclosing Minutes ol CouncU, and six acts passed 388 " —July 19.— Letter from Governor Franklin to the Lords of Trade, informing them that the Indians had re-com menced hostilities in the back country, and that measures for protection against them hadbeen taken. 391 CONTENTS. XV PAGE. 1763 — July 19.— Letter from Governor Franklin to the Earl ot Egremont, relative to appointing a day of thanksgiv ing, and to the renewal ot hostUities by the Indians 893 " — Aug. 31. — Order in CouncU, approving of Samuel Smith and John Ladd, Bsqs., to be of the Council in New Jersey 394 " —Oct. 21.— Letter from the Lords of Trade to Gov. Frank lin, relative to issuing certain sums of paper money for providing a house for the Governor 396 " — Nov. 8. — Letter frora Secretary Pownall to Str Fletcher Norton, SoUcitor-General, desiring his opinion as to whether aliens, not naturalized, can acquire property or lands in America, either by purchase, grant or leave of the Crown 397 " — Dec. 5. — Letter from Governor FrankUn to the Lords of Trade, in regard to his proceedings with the Assem bly, respecting the means of repeUing the hostUities of the Indians 398 1764 — Jan. 30. — Letter from Governor Franklin to the Lords of Trade, relative to an act for raising levies for the de fence of the Province, and to other acts lately passed there 400 " — Feb. 8. — Letter from Governor Franklin to the Lords of Trade, relative to the transmission of public papers, the revenues, and issuing a sum of money in paper bills for erecting public buildings 403 " " 9. — Representation from the Lords of Trade concern ing bounties upon hemp ; the paper currency ; duties upon beaver skins, and upon whale fins 405 " " 20. — Coraraission of Charles Read as Chief-Justice ol New Jersey 424 " " 28. — Letter from Governor Franklin to the Lords of Trade, announcing the death of Chief-Justice Mor ris, and the appointment of Charles Read to succeed him ; also recommending Richard Stockton to supply the vacancy in the Council 436 " — March 6. — Letter from Governor Franklin to the Lords of Trade, relative to raising levies; also to some acts passed by the Assembly, and to Mr. Ashfield's claim to precedence in the Council over Mr. Ogden 438 " " 6. — Letter from Governor Franklin to the Earl of Halifax, relative to raising troops, and inclosing a copy of a letter from General Gage ' 431 " — April 38. — Letter from Governor Franklin to the Lords of Trade, transmitting papers, and informing them of a report that the Six Nations of Indians are likely to xvi CONTENTS . PAGB. render aid that will end the Indian war for the summer -- 1764— May 11.— Ordinance tor holding tbe Supreme Court lor the Province of New Jersey - - - - - ^34 12.— Letter frora Secretary HaUfax to Govemor Frank lin, expressing the King's satisfaction with his zeal in protecting the frontier settlements of New Jersey. 439 " 38.— Report from the Lords of Trade, with draft of in structions to the Govemors in America in regard to fees taken in the several offices of government there. 440 " —July 3.— Representation ol the Lords ot Trade to his Maj esty, proposing Frederick Smyth and James Parker CouncUlors in the room of Mr. Morris and Mr. Sal tar, deceased - 442 " " 5.— Representation of the Lords of Trade relative to the Lottery lately made by Peter Gordon 443 " 13.— Letter from the Lords of Trade to Gov. FrankUn, recommending Messrs. Parker and Smyth as mem bers of the CouncU, and the latter as Chief -Justice ; also relative to a duty upon the importation of Negroes, and to the dispute between Mr. Ogden and Mr. Ashfield 444 " " 20. — List of Comraissioners for running the boundaries between New Jersey and New York 447 " — Aug. 11. — Circular Letter trom the Earl of Halifax, announc ing the resolution of the House of Commons to charge certain stamp duties in the Colonies and Plantations 448 " " 34. — Letter from Robert Ogden to Courtlandt Skinner, inclosing a copy of resolutions of the Massachusetts Assembly, and advising that all the Colonies should unite to keep ofl the threatened blow of imposing taxes, duties, etc. 449 " — Sept. 13. — Letter from Joseph Sackett, Jr., to Courtlandt Skinner, relative to the Common Lands in the Island of Sekakus, in Bergen County 451 21. — Letter of thanks from Governor Franklin to the Eariof HaUfax 453 ¦' — Oct. 3.- -Opinion ot Wm. Samuel Johnson as to the owner ship of the Common Lands set off to the Island of Sekakus 454 '' " 4. — Letter from Governor Franklin to the Lords of Trade, relative to the Assembly, the Agent, and two acts passed in the Province of Nevv Jersey , _ 4gfj 10. — Letter from Governor Franklin to the Lords of CONTENTS. xvn PAGE. Trade, with enclosures, relative to the complaint of Captain Kennedy in regard to the Common Lands of Bergen 459 1764— Oct. 17. — Comraission of Frederick Smyth as Chief-Justice of New Jersey _ 475 " " 13. — Letter from Govemor Franklin to the Lords of Trade, relative to the act for the partition of Bergen 478 " " 38. — Letter from Governor Franklin to the Earl of Halifax, inclosing the Attorney-General's list of the instrumen ts made use of in New Jersey 479 " " — . — Letter from Jaraes Parker to Govemor Franklin, acknowledging the receipt of his Majesty's Mandaraus to be one of the Council of New Jersey 483 " — Nov. 8. — Letter from Governor Pranklm to the Earl of Halifax in relation to the illicit Trade in New Jersey 484 " " 8. — Letter from Govemor Franklin to the Earl of Halifax, relative to the measures, proposed by the Postmaster-General, for improving correspondence between the several Colonies 485 " " 12. — Letter from Governor Franklin to the Earl of Halifax, informing him that Frederick Smyth had been appointed Chief- Justice 486 •' — Dec. 7. — Letter from John PownaU to Governor Franklin, relative to the Lottery lately made by Peter Gordon. 487 1765— Feb. 31.— Letter from Governor Franklin to the Eari of Halifax, inclosing a petition from the principal pos sessors of the Islands in the Delaware, praying to be annexed to the Province of New Jersey. . . 488 " — Aug. 8. — Letter from Gov. Franklin to the Lords of Trade, informing them that the Assembly had granted Bounties for raising Hemp and SUk ; with remarks on an Aot for regulating the practice of the law 490 " — Sept. 14. — Letter from Secretary Conway to Govemor Frank lin, relative to the petition from the principal posses sors ot the Islands in the Dela,ware . 492 " " 33. — Letter from Governor Franklin to Secretary Con way, relative to the Act for estabUshing a Stamp Duty in America, with inclosures 49? •' —Oct. 10,— Letter from Governor FrankUn to the Lords ol! Trade relative to the ferment among the People of America with respect to the Starap Act 499 " " 13.— Letter from Lieutenant-Governor Colden to Secre tary Conway 500 X " 24. — Letter from Secretary Conway to Governor Frank lin relative to the proceedings of the Colonies, and XVlll CONTENTS. PAGE. authorizing him to caU upon the commander of the land and naval forces tor assistance 501 1765— Nov. 12.— Representation from the Bishop of London to the Lords of Trade, desiring their Instructions to the Governor of New Jersey, that Marriage Licenses may be directed only to a Protestant Minister of the Gospel 504 " " 13.— Letter from Governor Franklin to the Lords of Trade relative to the seditious spirit from the neigh boring Colonies appearing in New Jersey, and the agreement among the lawyers not to act under the Stamp Law 305 " " 30.— Letter from Governor Franklin to Secretary Con way relative to the Stamp Act, and the troubles therefrom, inclosing Minutes of the Council in regard thereto.. 507 " — Dec. 12. — Letter trom the Lords of Trade relative to the Representation from the Bishop of London in regard to Marriage Licenses 520 " •' 17. — Letter from Governor FrankUn to Benjamin Franklin in relation to the success of Col. Croghan with the Indians 521 " " 18. — Letter from Governor Franklin to the Lords of Trade respecting the difficulties labored under with regard to the Starap Act. 534 1766 — Jan. 7. — Letter frora the Lords of Trade to the Duke of Grafton, with papers containing information respect ing the Riots in America resulting from the Stamp Act 536 " " 14. — Letter from David Ogden to PhUip Kearney, rela tive to a meeting of the lawyers to consult in regard to the resumption of business under the Stamp Aot. . 581 " " 39.— Report frora the Lords of Trade, relative to the Annual Expence of the several establishments of the Colonies in North Araerica and the West Indies 533 " —Feb. 30.— The Attitude of the lawyers of New Jersey towards the Stamp Act 536 " " 30. — Determination of the New Jersey lawyers to resume their practice regardless of the Stamp Act— Action of the Sons of Liberty 546 8-— Letter frora Colonel WiUiam Skinner to James Parker, informing him of the action of Parliament m relation to the Stamp Act 548 " —March 1.— Circular Letter from Secretary Conway, announc ing the progress made in Parliament for the repeal of the Stamp Act 549 CONTENTS. XIX PAGB. 1766 — March 81. — Cirt-ular Letter from Mr. Conway, transmitting copies of Acts of Parliament, for securing the depen dency of the Colonies on the Mother Country, and for the repeal of the Stamp Act 550 " — June 12. — Circular Letter from the Duke of Richmond, trans mitting an Act of Parliament to indemnify such per sons as have incurred the penalty of the Stamp Act. 553 '• 19. — Letter from Governor Franklin to Secretary Con way, transmitting a copy of his speech to the Coun cU and Assembly, congratulating them on the repeal of the Stamp Act; also the address of those bodies to His Majesty. 555 " " — . — Replyof the Council to the abovementioned speech. 562 '¦ — Aug. 1. — Circular from the Lords of Trade to Govemors in America, requiring an account of the several manu factures carried on in their respective governments. . 563 " " 3. — Proclamation of the Governor of New York, rela tive to the robbery of the East Jersey Treasury 564 " " 9. — Additional instruction to the Govemors in America, regulating their correspondence 566 " — Sept. 10. — Letter from Governor Franklin to the Lords of Trade, transmitting votes of the Assembly, and laws passed at the last session. 567 " " 11. — Letter from Governor Franklin to the Duke of Richmond, acknowledging receipt of Acts of Parlia ment, relative to America 568 " " 13.— Circular letter from the Earl of Shelburne, relative to complaints conceming the murdering of Indians under British protection 569 " " 13. — Letter from Secretaiy Shelburne to Governor Frank Un, conveying the King's approval of the conduct of the people of New Jersey, and his own during the late disturbances 570 " " 35. — Letter from Henry WUmot to Cortlandt Skinner, relative to his appointment as agent of the Province. 571 " — Dec. 11. — Circular Letter to Govemors in America, request ing an exact estimate of the annual charge of raain taining the entire establishraent of their respective Provinces; also the mode of imposing quit-rents, and of granting lands 573 " " 16. — Letter from Governor Franklin to the Barl of Shelburne, conceming the murders and violences committed on the Indians, and the Act for Supply ing the Barracks .. 574 " " 33. — Letter from Govemor Franklin to the Earl of XX CONTENTS. PAGB. Shelburne, announcing the trial and execution of one Seymour for murdering an Oneida Indian 578 1766 — Dec. 38.— Account by Governor Franklin of the Standing Salaries annually granted to the ofHcers of the gov ernment of New Jersey .. 579 1767 — Jan. 30. — Letter from John Stevens to James Parker, giving the naraes of a Commission, just arrived, for settling the Une between New York and New Jersey 581 " " 38. — Petition of Peter Hasenclever & Corapany to the Earl ol Shelburne, praying that they may be allowed to purchase lands at St. Maurice 583 " — Feb. 31. — Letter from Governor Franklin to Secretary Shel burne, relative to the annual charges in the Province, as weU as to the Quit-Rents 586 " —AprU 3.— Order referring the petition of Mr. WUmot, Agent for New Jersey, to the King, for alterations in the list of Commissioners for settling the boundary Une. 588 " " 13. — Letter from Governor Franklin to Secretary Shel burne, transmitting a list of the fees taken in the dif ferent offices in the Province of New Jersey 592 " " 13.— Order in CouncU approving of fourteen Seals for the several Colonies in America ... 618 16.— Report of the Lords of Trade of the Establishment of ,the Salaries of Governors, Judges and other principal officers of justice in the American Colo- "'•^s 619 30.— Letter from the Board of Admiralty to Secretary Shelburne, relative to the establishment of Admiralty Courts in the Colonies 630 " —May 33.— Letter from Secretary PownaU to Mr. WUmot, rel ative to changes in the Ust of Commissioners lor set tling the boundary question _ 632 " —June 3.— Representation from the Board of Trade, relative to the Commissioners for settling the boundary line, with a list of the same gg3 10.— Letter from Gov. Franklin to Benjamin Franklin 635 35.-Report of the Attorney and Solicitor General to the Lords of Trade, relative to an act for preserving ships whioh may happen to be forced on shore, or _^ ^^ stranded upon the coast of England or of its Colomes 638 3fa.-0rder m CouncU approving the draft of the Com mission to settle the boundary between New York and New Jersey " -July 18.-Letter from Secretary Shelbume'to Gov! FrankUn", conveying the King's displeasure with the Assembly CONTENTS. XXI PAGE. for avoiding obedience to an Act of ParUament in re gard to punishing mutiny and desertion 636 1767 — July 34. — Draft of an Instruction to the Governors of North America, forbidding any alteration in the number of the Assembly 637 " — Aug. 26. — Order in CiouncU approving an Instruction requir ing the Govemor of New Jersey not to assent to any law touching the number, duration, etc., of the Assembly.. 638 , " — Oct. 6. — Letter from Govemor Franklin to Secretary Shel burne, acknowledging the receipt of an aot for grant ing certain duties in the British Colonies, and the new Seal of New Jersey 640 " " 23. — Letter from Gov. Franklin to Benjamin Franklin, in relation to rumors of an attempt to have the Gov ernor removed 640 '• " 23. — Letter from Governor Franklin to Secretary Shel burne, relative to the inequality ot the expense of quartering troops in the Colonies 643 NEW JERSEY COLONIAL DOCUMENTS. Letter from Thomas Pownall, Lieutenant-Governor of New Jersey, to the Secretary of the Lords of Trade. [From P. E. O. B. T., New Jersey, Vol. 8, 1. 47.] New Jersey: Teenton Sept: 23'^ 1T57. Sir, I beg Leave to acknowledge the Eeceipt of Tour Letter dated WhitehaU June the 3'' enclosing a Copy of the Resolutions of the House of Commons of the 23-^ of May last. The Sence of that Honorable House will have little effectual Influence here, unless the People have Eeason to think that such a Eesolution is introductory to some Act of Parhament, that may restore the Kings Govern ment, to the just Form in which His Majesty has, by His .several Charters and Commissions, established them. And under the situation that His Majesty's Governors are at present, the Bringing any of the Crown's Eights into Dispute with the People is the sure Way to lose them. I hope however, that I shall be able to maintain the 2 ADMINISTRATION OF PBKSIDENT READING. [1^5"^ Administration of my Government in as good a Form as I received them from the Hands of my Predecessors. I have the Honor to be. Sir, Your most obed' & Most humble Servant, T. Pownall.' To J PownaU Esq. Secretary to y^ R' Hon''^ Board of Trade &c Le.tter of Lieut. -Gov. Pownall of New Jersey to John Reading, President of the Coimcil— on leaving the Government i-ii his hands- [From P. R. O. B. T. New Jersey, Vol. 8, 1. 56.] Teenton Sept': 23"^ 1757. Sir, Being appointed by His Majesty's Commission to me as Lieutenant Governor of His Province of New Jersey to administer (in Case of the Death of the Gov ernor in Chief) the Powers contained in His Majesty's Commission & Instructions to His Governor; and knowing how essential to the Peace & Property, and consequently the Liberties of the Subject, a due Execution of the Powers of Government as granted by the Crown to this Province is, I did immediately repair to this Province upon my first hearing of the Death of Governor Belcher. The Government must 1 Thomas PowNAiL, of Everton house, Bedfordshire, was son of William PownaU, Esq., and was born in 1720, He was hrother of John Pownall, the Secretary of the Lords of Trade, through whose influence he was appointed, in 1755, Lieutenant- Governor of New Jersey, Governor Belcher at that time being quite infirm. He succeeded Mr. Shirley as Governor of Massachusetts in 1757, and on Govemor Bel cher's death that year, visited New Jersey in order to assume the government of that province also, but finding it impracticable to retain the administration of both provinces at the same time, he retin'ned to Boston. In November, 1759, he was nominated for the government of South Carolina, but he does not appear to have entered upon the duties of that ofllce. He retm-ned to England in June, 1760, and is not nientioned as having again visited America, with whose history, geography and polity he had made himself thoroughly acquainted and wrote several works thereon. He became a member of Parliament, and fllled several other important positions, and died on the 36th of February, 1805, in the 85th year of his age.— Dr. O'Callaghan i-n, N. Y. Col. Docts., Vol. VI., p. 1009.— Ed. 1757] ADMINISTRATION OF PRESIDENT READING. 3 at aU Times upon my Absence from the Province de volve upon the Eldest Councellor. I was therefore extreamly happy upon my Arrival to find it in the Hands of a Gentleman so worthy as Yourself. I must acquaint You Sir, that I have given my Consent to 5 Eesolves of the two Houses of Legislature for Eaising One Company of a Hundred Eangers as asked by Lord Loudoun for His Majesty's Service. The Necessity of His Majesty's Service in my Government of the Mass achussetts Bay, requires my immediate Eeturn to that Province. The Administration here by His Majesty's Commands devolves on you upon my Departure from this Province; To your Wisdom & Care I recommend His Majesty's Service and the Peace & Interest of the Proviuce. I am extreamly sorry for your own Sake, and that of the Province that you are in so ill State of Health, & so feeble a Condition of Body, but I trust by God's Favour you wiU be able to carry on the ordi nary Administration of Government, and tho' the Journey from Boston to this Province be long & fatigu ing, Yet if any matter extraordinary, or of such a Nature as requires more vigorous Execution than your weak State of Health will enable you to go thro with I wiU upon Notice from you at a Moments Warning, repair hither to the Aid & Service of the Province. I have y" honor to be &c T. Pownall To the Honble John Eeading' Esq': Presid' of His Majesty's Province New Jersey. ^ President Reading was the son of and Elizabeth, his wife, Qualsers, who emigrated from England on account of the persecution to which their people were subjeoted.-Firsf Century of Hunterdon County, by the Eev. George S. Mott, D. D„ 1878, p. 88. They setted within ADMINISTRATION OP PRESIDENT READING. [1757 Address of the Council of New Jersey to Thomas Pownall, Lieut.-Governor, and his Answer. [From P. R. O. B. T. New Jersey, Vol. 8, 1. 57.] To THE HONOUEABLE ThOMAS PoWNALL EsQ"^ Lieutenant Governor and Commander in Chief of His Majesty's Colony of New Jer sey. The Humble Address of His Majesty's Council of said Colony. May it Please Your Honour. We His Majesty's Council of the Colony of New Jer sey, beg Leave to congratulate Y ou on Your Arrival here. Your midertaking so long a Journey and leav ing the Weighty Government to which His Majesty has been pleased to appoint You, in Order to establish the Government in this Colony, which was for some the precincts of Gloucester, of which coimty the elder Reading was Clerk and Recorder from 1687 to 1711, and possibly longer. —J^irst Settlers of Newton Tovmship, by John Clement, 1877, pp. 29, 95, 14.3, 245, 291 ; Leaming and Spicer, 536, 544, 553, 566; Beminiscences of Old Gloucester, by Isaac Mickle, 2d ed., 1877, p. 47. In 1697 he was a member of the House of Representatives of West Jersey {N. J. Archives, H, 146), and in 1702 was recommended for a seat in the Council of the United Province. — lb., 486. He was one of the West Jersey Council of Proprietors in 1706-7, and probably continuously thereafter, as in 1711 he was still a Proprietor, and was Cler]£ to the Council of West Jersey Proprietors.— lb., xn, 221; IV, 62. In 1711 Governor Hunter directed u commission to be issued to Mr. Eeading as one of the Supreme Court Judges of the Province.— Ib., IV, 140. He was again recommended in 1711 and in 1712 for a seat in the Governor's Council, and in 1713 the recommendation was approved {lb., 62 163, 171, 182-3), and he continued to enjoy the dignity tmtil his death which appears to have occurred in 1717. — lb., 333. In 1695 he became the owner of the ferry at Gloucester Point, and carried on the ferry under a Ucense from the county until 1707. — First Settlers of Newton Township, soO. From the map of Gloucester and suburbs, drawn by Thomas Sharpe in 1689, and published in Miokle's " Reminiscences of Old Gloucester," Sd ed.. p. 40, Eeading appears to have been a large property owner in and about that town. He, with William Biddle and William Mills, was sent in 1703 to purchase the great tract of I'-n 000 acres, between tlie Raritan and Delaware. His residence was bumed d ' ¦ 1711, which doubtless occasioned his removal from Old Gloucester to his tr t ' f 1757] ADMINISTRATION OF PRESIDENT READING. 5 Days unsettled, thro' the Eeluctance of the Gentleman on whom the Administration devolved, by His Majes ty's Eoyal Commission and Instructions, to lay him self under a Necessity at and advanced Age to appear in Pubhck Character, and a Scene of Business, was a Favour more than We cou'd Expect. And We esteem Your Coming to take upon Your self the Administration, as an evident Proof of Your Zeal for His Majesty's Service, and of Your Eegard for this Province, for which we Eeturn You our hearty Thanks, and doubt not but the Colony will consider themselves under an Obligation for so singular an In stance of Your Care. By Order of the Board SeptT 23'i 1757 lajid above LambertviUe, where he died, aud was buried in the grounds of the Buclringham Friends' Meeting, in Bucks County, Ferm.— First Century of Hunter don County, p, 29; First Settlers of Newton Township, 291. The statement that he was a member of the Council of West Jersey that met at BurHngton in 1683 is not borne out by the list given in Leaming and Spicer, for that year. the son, was bom June 6th, 1686, and died Nov ember 7th, 1767. He and his sister Elsie, when children, were taken to England by their mother to be educated. She remained with them nine years, attending to their education, the father living tn this country. On the retum of the son it was found that he had embraced the doctrines of the Presbyterians, to wliich he was ardently attached all his Ufe, He married Mary Eyerson, a sister of Joseph Ryerson, then a Lieuten ant in the British service, iSabine''s Loyalists, II, 250,] He succeeded to the greater part of his father's estate, and followed his father's occupation. In 1712 to 1715 he surveyed tracts for parties in Burlington, who were locating lands through the Amwell Valley, under the gi-ants of the dividend of 1703. At the same time,with an eye to a valuable purchase, which a surveyor would be supposed to have, he secured for himself 600 acres along the South Branch, two miles from Fleming. ton, where afterwards, on a beautiful site, he buUt the Reading homestead, now (1878) occupied by Philip Brown, He is said to have planted the walnut trees grow - ing there. He owned three mill properties, including the farms now (1878) in pos session of Barton, StothofE, Deats, Ewing, Clark and Brown, He was one of the flrst Trustees of Princeton College. His name is at the head of the Mst in 1748,— History ofthe' College of New Jersey, by John Maclean, 1877, 1, 48. His influence 6 ADMINISTRATION OF PRESIDENT READING. L ANSWER. Gentlemen . I thank You for Your obliging Congratulations. Your kind Acceptance of My Services cannot but be very agreable to rae. IVCy Duty to His Majesty and the Province Demand my Considering the Service, not the Trouble. And You may be assured that I wQl, at aU Times, give my utmost Attention to the Interest and Welfare of the Province, and wiU at aU Times be ready to attend its Service. Address of the Corporation of the City of Perth Am boy to Lieut. -Gov. Pownall, and his Answer. [From P. R. O. B. T. New Jersey, Vol, 8, 1, 58,] To THE HoN^'''' Thomas Pownall Esq' Lieut. Governour and Commander in Chief of His Majesty's Colony of New Jersey &c. May it Please your Honour, We the Mayor Eecorder and Aldermen of the City of Perth Amboy beg leave to Congratulate your Honour upon your Accession to the Government of the Massachusetts Bay in New England and your Ar rival to this His Majesty's Government of New Jersey and services and money were freely bestowed to lay the foundation of religious privileges, educational advantages and national freedom, upon which we are now building. He had seven sons and three daughters. Five of the sons settled near him, and perpetuated the moral and religious influence of their sire. They were prominent in church matters, and took a lively interest in the revolutionary strug gle. The youngest, Thomas, was a captain in the third battalion of the Jersey brigade; and three grandsons were commissioned in the same service. Mi-. Read ing's oldest daughter, Ann, married the Eev. Charles Beatty, one of the first graduates of the old Log College, of Neshaminy, Pennsylvania, He was a co worker with the Tennents in this State, and a prominent clergyman all his life. They were the progenitors of a numerous line of descendants, some of whom have been conspicuous in church and state. On the female side, eight married Presby terian ministers. One of the sous, General Johu Beatty, was in the Eevolutionary 1757] ADMINISTRATION OF PEESIDENT READING. 7 In comeing to which your Honour has shown that Dis tance is no Hindrance to your Zeal for the good of those you are appointed to Govern and that no Fatigue can check that indefatigable Application your Honoui* has always shown for His Majesty's Service. We can't but Eegret your Honour's short Stay among us, since we might with the greatest Eeason hope from your Honour's Knowledge and AbiUties as weU as from the Trust His Majesty reposes in you that your Eesidence ainong us might be of the great est Consequence to our Welfare but as your Honour's Care for His Majesty's Government of the Massachu setts requires your immediate Eeturn. We heartily wish your Honour a prosperous Journey and happy Arrival in that Government, where we hope your war, and so was his brother. Colonel Erkuries Beatty, Elizabeth, another daughter of President Reading, married John Hackett, from whom Hackettstown derived its name." -First Centui-y of Hunterdon County, pp, 28-31, In 1719, Mr. Eeading was one of the commissioners to adjust the northern boundary with New Tork {Archives, IV,, 394), aud in 1740 was appointed to a Uke service in settling the line between Massachusetts and Ehode Island, — Papers of Governor Lewis Morris, 1852 p, 99; N. Y. Col. Docs., VI., 168, He was recommended in 1718 for a seat in the Council {lb., V,, 521), and was appointed in 1720 {lb., V„ 521), serving thereafter until 1758, In 1728 he was named as one of the commissioners for West Jersey to try pirates, who then abounded along the Atlantic coast, — Archives, V,, 197, On the death of President John Hamilton, June 17, 1747, Mr, Reading, as the senior Councillor, became President of the Council, and assumed the duties of Govemor (76., VI,, 462), but gladly surrendered the seals to Governor Belcher two months later.— 76,, VH., 11, When Govemor Belcher died, August 31, 1757, President Reading was in his seventy-third year, and was " very bad of a Sore Leg," so that it was out of the question for him to attend the meetings of the Legislature, to take upon himself the active duties of the Administration, and he strenuously begged to be allowed to resign, to which the friends of Eobert Hunter Morris would have gladly assented, as this would have left the Administration in that gentleman's hands. However, as it could not be settled that a Councillor could resign without the Eoyal assent, Mr, Eeading with great reluctance quaUfled as acting-Governor, and took upon himself the administration (76., VHI,, Pt, 2, pp. 259-270), which he retained practicaUy until the arrival of Governor Bernard, in June, 1758, Six months later he was relieved from his offtcial duties by the appointment of Charles Eead in his stead as Councillor, (See post, under date December 12, 1758.) "At the ripe age of eighty-one his long, useful and honored career ended, amid the quiet of that beautiful spot whioh, under his cultivation, had emerged from a forest into a garden. By the side of Hunterdon's ancient thoroughfare, the Old York Eoad, in the graveyard ot the old Amwell church, his ashes lie,"— Tfte Bev. Dr. Mott, ut supra. The autograph given as that of President Eeading, in Vol. VI,, of these Archives, pp. 142 and 463, and in Vol, VH., p, 25, is that of his father,— [W. N.] ADMINISTRATION OF PMSIDENT READING. [1757 Honour will stUl afford us that Protection and Favour which we naay reasonably expect from that Candor and Generosity which wiU always move you to do good to those who are committed to your Care. Perth Amboy September 34'? 1757 [answ:er<] Gentlemen, Your GratefuU Sense of my Endeavors to do my Duty towards y" Province cannot but be very agreable to me & I am oblig'd to you for your kind Congratu lations, Tho' y^ Necessity of His Majesty's Service in my Government of Massachusetts-bay wiU remove my Eesidence from amongt you, yet nothing shall ever re move my attention from y" Interest & Welfare of y° Province of New Jersey. And I wiU alway stand ready to give my Personal Attendance in the Province whenever any matter shall arise that may require it. T. Pownall Letter from William Skinner to his father at Perth Amboy— Had received a Commission as Lieu tenant in the Regular Army in Cornwallis's Regi7nent. [From MSS. of Wm. A. Whitehead, in possession of N, J. Hist, Soc] London 7th October 1757 Dear Sir I have the pleasure to acquaint you that I rece'd a letter from my Lord Barrington yesterday in which he told me that I was appointed a Lieut' in GeneraU CornwaUis Eegiment, and take place of all the Lieut'^ appointed in Consequence of the present augmentation, which is an additional Lieut to every Company in his 1757] ADMlNtSTEATION OF PRESTDENT EEADING. 9 Majesty's Service. General CornwaUis' Eegiment Con sists of two Battallions. The first is gone upon this Secret Expedition, the other is quartered at Gosport. I consulted with my friends whether I should accept of it or not, who all advised me to take it. The Duke of Grafton, my Lord Harford, and many others tryed to get me a Company before they went out of Town, but there were so many trying for Companys (who had a better right to expect it than I had) and were obliged to accept of Lieuf, that I thought it better to accept of my Lord Barrington's offer, and trust to the Inter est I have for my farther promotion. There Came advise yesterday that our fleet had taken an Island near Eochfort, and also Island Aye near Bourdeaux with little opposition, and that they are now upon their way back, but I Cant say it of a certain ty, for there are different acccounts every day. * * * All the ofiicers and men of Coll. Schuyler's Eegiment are arrived at Plymouth excepting Coll. Schuyler and Doctor Stakes who are kept at Quebeck for reasons unknown to every body. Before the people landed at Plymouth, I had applyed to my Lord Barrington, Secretary of War, and told him that part of the New Jersey Eegiment were taken at Oswego, and expected that they would be sent to Plymouth or Portsmouth, in the next exchange from France and should be obliged to his Lordship if he would order them to be subsisted as soon as they landed. His answer was that he had nothing to do with the Provincial Troops, but advised me to write to Mr. Pitt, Secretary of State, which I did, and Mr. Pitt wrote to Mr. Partridge, Agent for the Province of New Jersey, who wrote Mr. Pitt that he could do nothing for them without orders from the Province, upon which I wrote another letter to the Secretary of State, and told him that it was very cruel that so many fine feUows who had served their Country for two years past should be so neglected lo ADMINISTRATION OF PRESIDENT READING- [1757 by their Mother Country as to want Common neces sarys of Ufe, and at the same time told him that it the Government of England would not subsist them and send them back to America upon their expence, I did not doubt but the Province of New Jersey would pay it, upon which I got an order for their subsistence and also to send them to America. * * * Affectionately &c W? Skinner. Return of Stores at Schenectady, New Yorh, made by Col. John Parker, 1767. [From the Original, among the MSS, of G, D, W, Vroom,] Firelocks 270— Cartouch boxes iOO. Powder horns 400. Tents with Tent poles 100. Camp Kettles 80. Powder 1400 Wt Lead 3000 Eeemes of cartridge paper 16 Drums 8 Drum heads 10. N. B. I think the men had better have pouches instead of powder horns as they are always loosing the baU they have in their pockets. The pouches if approved of to be made after the form of the Eoyal Americans — ¦ John Parker, the son of John Parker, a member of Govemor Burnet's Co.,„nii 1719-1732, was born November 7, 17'39, received a mercantile education sevJlT midshipman, 1715-50, and was at sea during the next four years. In the camp • 1757] ADMiNISTRATKiN OF PRESIDENT READING. 11 Order of the Lords of the Committee of Council for Plantation Affairs, referring to this Board a Petition of the Agent for the Assembly of New Jersey, praying that the Governor be directed to assent to a Bill for emitting £60,000 i7i Paper Bills of Credit. [From P. E, 0 B, T, New Jersey, Vol. 8, 1. 46,] At the Council Chamber Whitehall the 16^= OF NoVEjyUBEE 1757. L, s, i By the Right Honourable the Lords of of the Committee of Council for Planta tion Affairs. His Majesty having been pleased, by His Order in Council of the 9'^ of this Instant, to referr unto this Committee the humble Petition of Eichard Partridge, Agent for and in behalf of the House of Eepresenta tives of the Colony of New Jersey in America, humbly Praying, for the Eeasons therein contained, That His Majesty wiU be graciously pleased to signify His Eoyal Pleasure to the Governor or Commander in Chief of the said Colony, for the time being, to give his Assent to a Bill prepared by the said House of Eepresenta tives, in March last, Entituled "An Act for making " Current Sixty Thousand Pounds in BiUs of Credit, "to be emitted on Loan within the Colony of New of 1755-6 against the French he commanded a company in the fourth battaHon of the Eoyal Americans, and after Col, Schuyler's capture at Oswego succeeded to the command of the New Jersey troops who had escaped capture. In July, 1757, he was at Port William Henry, with the ranis of colonel, and in seeking to attack the advance guard of the French at Ticonderoga, with three hundred and fifty men, was ambushed, losing all but about eighty of his party. He died 1762, at Port Eoyal, in the West Indies, where he had engaged in active service against the French, — Whitehead's History of Berth Amboy, etc., 130-133; Gordon's History of New Jersey, 127-8,— W, N. 13 ADMINISTRATION OF PRESIDENT READING- [1757 "Jersey, The Interest whereof to sink the further Sum "of Twenty Nine Thousand Pounds, to be also made "Current for the Immediate Service of the Crown it "the same should be needed, otherwise for the Eelief "of the said Colony." The Lords of the Committee this day took the same into their Consideration, and are hereby pleased to referr the said Petition (a Copy whereof is hereunto annexed) to the Lords Commis sioners for Trade and Plantations, to consider thereof, and Eeport their Opinion thereupon to this Committee. W. Sharpe To Georg-e the Second King oe G-reat Brit ain &c^ IN Council. The Petition of Eichard Partridge Agent for and in behalf of the House of Representa tives of the Colony of New Jersey in Ainerica. Humbly Sheweth That the said House of Eepresentatives in General Assembly met, have represented that the continued Distresses of this the Kings dutiful and loyal Colony oblige them to renew their Application, That the King would be graciously pleased to accept of the little Assistance they are capable of giving, towards carrying on the War against the Common Enemy in those Parts, in a Manner that will best promote the End, and at the same time considerably lighten the Burthen of the King's willing Subjects. That the Paper Currency within this Colony has ever preserved its Credit, and, when emitted on Loan, has been of the greatest Advantage to Om- Settlers having enabled many Hundreds of them to begin and go on with Improvements, that might otherwise 'have been either ruined in a Goal, or in a great Measure 1757] ADMINISTRATION OF PRESIDENT READING. 13 useless to the Community; It has contributed greatly to the Value of Lands, and the Increase of the Kings Dominions in those Parts, and is generaUy acknowl edged to have been greatly beneficial to this Young Colony tn several other Eespects, having been ever emitted on a Fund incapable of depreciating or deceiv ing; As such they humbly presume to offer a Bill for the Kings Eoyal Approbation, Entituled "An Act for "making current Sixty Thousand Pounds in Bills of "Credit to be emitted on Loan within the Colony of "New Jersey, The Interest Whereof to sink the fur- " ther Sum of Twenty Nine Thousand Pounds to be "also made Current for the immediate Service of the "Crown, if the same should be needed, other- "wise f or the EeUef of the said Colony" Signed by Eob' Lawrance Speaker, dated IT"' of March 1Y57 Which BUl the said Assembly hath sent over to the Petitioner (and is ready to be produced) being formed on the same Plan, and intended in the same Manner in every respect as the former Acts, but this Variation, That the Interest Money has heretofore been applied to the Support of this Government of New Jersey, but is now designed to be a fund for Sinking the Sum of Twenty Nine Thousand Pounds to be immediately prepared, and to be ready to be appUed for Your Maj estys Service for carrying on the present War in such Manner as the Legislature of this Colony shaU find necessary. This Method for providing against next Summers or future Campaigns is the more expedient as the real Distress in which the War has already involved this Colony, both in defending itself against the Indians, in Furnishing at least the said Colonys Proportion of Men for Services Abroad, and in diverse other Ee spects, are such as require an Exertion of every Pru dent Measure to prevent their being disabled from assisting the Common Cause hereafter, and thereby 14 ADMINISTRATION OF PRESIDENT READING- [ 7 run the Eisque of declining in the Affections of their Gracious Sovereign, a Calamity they would by all Means willingly to avoid — And therefore it is most humbly Prayed that the King would be graciously pleased to signify His Eoyal Pleasure to the Governor or Commander in Chief of the said Colony for the time being for giving his Assent to the said Bill Which is humbly Submitted London Nov!" 8. 1757. Eich? Partridgb Letter from Lieutenant WiUiam Skinner to his father, Rev. William Skinner, of Perth Amboy — giving an account of liis promotion from the Provincial to the Royal troops. [From a copy among manuscripts of W, A, Whitehead, from the original in the possession of Lord Gage, Lieutenant Skinner's grandson,] Gosport Novr 25'." 1757 Dear Sir I have the pleasure to acquaint you that I am a Lieut' in the first BattaUion of General CornwaUis's Eegiment & have Nine or Ten under me. The diffi cultys I mett with in Arriving to that rank are more than you can Imagine. When I gott to London which was some time in June last, I made up my Provincial Eegimentals, drew up a memorial and presented it to my Lord Barrington the Secretary at Warr, The an swer I gott from him was quite contrary to what I ex pected, for his Lordship told me that he pitied my Case but could do nothing for me, because I was a Provin cial Officer, and of Consequence not under his Depart ment, this answer chagreened me much, aud what other step to take I cou'd not tell, but being deter 1757] ADMINISTRATION OF PEESIDENT EEADING. 15 mined to try every method, and lucky for me at that time, getting acquainted with M' Fitzroy, Brother to the Duke of Grafton, who was a courting Miss Warren, I was resolved to petition the King, which I did at a time when the Court was in Mourning forthe Queen of Prussia, and as every Officer that has a petition to deUver goes iu his Eegimentals, I did the same, when I entered into the first room, whom shou'd I meet, but the Yeoman of the Guards who came up to me in a rough manner, and told me the Court was in Mourn ing, and that my Dress -v^as not suitable to the times, and cou'd not be admitted, the answer I gave him was very short, which was, that I had a Petition to deliver the King, and was determined to see him, and passed him Immediately, and gott into a Eoom where there was a large Levy of most of the Nobility in England. I looked about me for my good Friend Fitz-Eoy, who I at last Discovered, and spoke to him, he went direct ly to my Lord Harford, the Duke of New Castle, Lord Lennox, and many others, and told them I was a Ee lation of Lady Warrens, and a friend of his, and In troduced me to them which made every body else in the Levy room Inquisitive to know who I was, and my Business, which my good friend told them. The next thing was to know where I should place myself and in what manner I shou'd present my Petition to the King ; w-hich my Lord Harford was so kind as to In struct me in, and took the trouble to place me himseU which was by the door that the King passed through to his bed chamber, and ordered me when the King returned that way, to kneel upon my right knee and present it to him, which I did with great Eesolution, and a genteel posture, considering where I was born, when I presented it, the King stopped and looked at me, took it out of my hand went into his Bed Chamber and did me the honour of reading it himself, upon which my Lord Harford came to me and told me, that 16 ADMINISTRATION OF PRESIDENT EEADING. [1757 he did not doubt but that it would succeed, for says he the King has read your Petition which I never knew him to do before, for Lord in waiting always reads it to the King. This Eeception gave me great Encom-agement, and went home weU satisfied. Three Days after that I attended My Lord Barringtons Levy, and asked him whether the King had spoken to him about me, his Lordship told me that he had, and re peated the Words as the King spoke them, which were, that one Cap' Skinner an American, belonging to a Provincial Eegiment had DeUv'' a Petition, I Uke the the Mans looks, he is fitt to serve me, provide for him. Immediately, upon which I asked his Lordship whether I should gett what I petitioned for, he told me he did not know, but that I shou'd be provided for Immediately I waited three Months and Eec'^ a let ter from his Lordship, teUing me that he had the pleasure to acquaint me that I was appointed a Lieu' in Gen' CornwaUis Eegiment, and made the Eldest in y" Augmentation. I waited on him and told him I would not accept of it, for I thought, my serving re quired something better, but at last took it, with the promise that I should be soon promoted. The next thing was to gett my Brother' provided for, and how to do that I did not know, for he had gott the same answer from my Lord Barrington that I had first, and was advised by M"- Pitz Eoy to petition my Lord Anson for a Lieu"- in the Marines, which so far succeeded, that he gott the promise of the first Vacan cy, and as there was a search expedition going on, I . John Skinner entered the Provincial service at the same time with his brother, became a Lieutenant in his company and was taken prisoner with Mm at Oswego. 70th Reiwnt ; . -T- P™"'"'"'' *° ^ Captaincy, became a major in the 70th Eegiment, returned with it to England, and remained there during the Eevolu- rrriefaTSr"/pr,"T' *° ^""^"'='^' '°°'^ "^ ''^ -^-^-^ at^Amboy, atd married a daughter of Philip Kearny, and died there in December, 1797 -SeeCon- tributions to the Early History of Berth Amboy, p, 119,_Ed. 1757] ADMINISTRATION OF PRESIDENT READING. 17 advised him to go a Volunteer in my Lord Loudon's Eegiment which he did and did duty in the Grenadier Compy, his Behaviour there was so agreeable to the officers, that when they Eeturned they Petitioned my Lord Barrington that he should be appointed to that Eegiment, where he is now an Ensign. To relate the trouble I have mett with in getting Subsistance for the Provincial Troops, as they landed from Old and New Prance would be too Tedious to mention, but can't help telling you that M' Partridge the Agent for our Province, is a Dammed ScoundreU, aU that he would do, was this, if M"^ Pitt -y" Secretary of State (to whom I had wrote several letters about subsisting the Provincials and sending them to Amer ica) would advance money to the Provincial Officers for their Subsistence, he would give his note for y" sum, to be p" out of the next Cash he had in his hands belonging to the Province, but wou'd not advance it himself, tho he is worth at least £30000 SterUng— he is much such another as old John Watson.' Therefore not fitt for the Post he is Intrusted with. * * * * In the last letter I wrote you I begged it as a partic ular fa.vor that you wou'd send me a Negro boy of about 12 or 13 years old, whom I have promised to M Fitz Eoy (if he is younger so much the better) Pray Indulge me with one, for a present of that kind will be of more Service to my Bro' and me, than you can Imagine, lett him be sent by a Man of Warr, to Lady Warrens Cavendish Square London Be so good as he write M'' Fitz Eoy and thank him for his goodness to me and my Bro'' for [I] do assure [youJ there is no body here that I am so much obliged to as I am to him. There are more Eeg" to be sent to America in the ' John Watson, the artist, an old resident of Perth Amboy, whose penurious habits gained for him among his neighbors the titles of miser and usurer.— Conf ri ft utions to the Early History of Perth Amboy, p, 126,— Ed. 18 ADMINISTRATION OF PRESIDENT EEADING. [1757 Spring, and in aU probability this wiU be one as it lyes so convenient to Embark which I hope may be the Case that I may once more have the happiness to see America * * * * Dear Sir Your Most affectionate and Dutiful Son W" Skinner License to Joseph Price as Branch Pilot. [Prom New York Colonial MSS., Vol. LXXXV, p, 47,] We the Subscribers appointed Master and Wardens of the Port of New York by Virtue of an Act of the Governor CounceU and General Assembly of this Province lately made Entituled [An Act for regulating the Pilots- and Establishing their Pilotage between Sandy Hook and the Port of New York and other purposes therein mentioned] Do hereby Certify that We having Examined Joseph Price of the ProAdnce of East New Jersey Boatman (According to the Direc tions of the said Act) do find him duly Qualified for the Office of a Branch Pilot — As Witness our Hands and Seals this Fourteenth Day of December In the year of our Lord One thousand Seven hundred and fifty Seven. Jas P Earmer [l. s.J Jas. Jauncey [l. s.] Leonard Lispenard [l. s. Jn? Waddell [l. s. Jn? Leake [l. s.] EichP Jeepery [l. s.] 1757] ADMINISTRATION OF PRESIDENT READING. 19 Warrant settling tlie Rank of Provincial Officers in North America. [From New York Colonial MSS,, fol, 60,] George R. [l. s.j Whereas by our Warrant bearing date the twelfth day of November 1754 in the twenty-eighth year of our Eeign We were pleased to declare, that all Troops serving by Commission signed by Us or by om- General Commanding in chief in North America, shall take Eank before aU Troops which may serve by Com mission from any of the Govemors, Lieutenant or Deputy Governors or Presidents for the time being of our Provinces in North America; and that the General and Field Officers of the Provincial Troops should have no Eank with the General and Field Officers, who serve by Commission from Us, But that all Captains and other Inferior Officers of Our Forces, who are or may be employed in North America, are on all Detach ments, Courts Martial or other Duty, wherein they may be joined with officers Serving by Commission from the Governors, Lieutenant or Deputy Governors, or Presidents for the Time being of the said Provinces to Command and take Post of the said Provincial officers of the like Eank, tho' the Commission of the said Provincial Officers of the like Eank should be of Elder date. And Whereas by another Warrant bear ing date the twelfth day of May 1756 in the Twenty ninth year of our Eeign We were pleased, further to declare, that all General and Field Officers serving by Comraission from the Governors, Lieutenant or Deputy Governors or Presidents of the Council for the Time being of our Provinces in North America should take Eank as eldest Captains on all Detachments, Courts Martial or other Duty, wherein the said General and Field Officers may be employed in North America, in Conjunction with our Eegular Forces And Whereas 20 ADMINISTRATION OF PRESIDENT EEADING. [1757 notwithstanding the Regulations above recited. Diffi culties have arisen with regard to the Rank ot the Provincial Officers, when acting in Conjunction with our Regular Forces; And We being wilUng to give due Encouragement to Officers serving in Our Provincial Troops, are hereby pleased to declare, that it is our WiU and Pleasure, that, for the future, aU General Officers and Colonels serving by Commission from the Governors, Lieutenant or Deputy Governors or Presi dents of the Council for the Time being of our Prov inces and Colonies in North America shall on all De tachments, Courts Martial or other duty, wherein they may be employed in Conjunction with our Eegular Forces take Eank next after all Colonels serving by Commissions Signed by Us, though the Commissions of such Provincial Generals and Colonels should be of elder date : And in Uke manner that aU Lieutenants Colonels, Majors, Captains and other Inferior Offlcers serving by Commissions from the Governors, Lieuten ant or Deputy Governors or Presidents of the Council for the time being of our said Provinces and Colonies in North America shall on all Detachments, Courts Martial or other duty, wherein they may be employed in Conjunction with our Eegular Forces, have Eank next after all Officers of the Uke Eank serving by Commissions Signed by Us or by our General Com mander in chief in North America, though the Com missions of such Provincial Lieutenant Colonels, Majors, Captains and other Inferior Officers should be of elder date to those of like Eank signed by Us or by our said General. Given at our Court at St. James's the thirteenth day of December 1757 in the thirty first Year of our Eeign. By his Majesty's Command W. Pitt New York. A true Copy of the Original Exam^ by Geo Banyar D Secry 1758] ADMINISTRATION OF PRESIDENT READING. 21 Order of His Majesty in Council approving a Repre sentation of the Lords of Trade, proposing Fran cis Bernard to be Governor of New Jersey and directing a Commission to be prepared. [From P, E, O. B, T,, New Jersey, Vol, 8, 1, 60,] At the Court at S'' James's the 27^.= day of January 1758 1"[ Present The Kings most Excellent Majesty IN Council Upon reading this day at the Board, a Eepresentation from the Lords Commissioners for Trade and Planta tion, dated the 26'^ of this Instant, Proposing that Francis Bernard Esq?' may be appointed Captain Gen eral and Governor in Chief of the Province of New Jersey, in the room of Jonathan Belcher Esq' deceased. His Majesty in Council approving thereof, is pleased to Order, as it is hereby Ordered, that the said Francis Bernard Esq!' ' be constituted and appointed Captain ,J?^T2V. c-^^J^S^Tt-^iK^^-O^ was descended from a re spectable family in Eng land, had been educated at Oxford, and was engaged in the profession of the Law at the time of his appointment, being a Proctor or SoUcitor at Doctor's Commons in London, He landed at Perth Amboy 'Wednesday, June 14th, 1758, from "His Majesty's Ship the Terrible," on board of which he had come from England, hav ing with him his wife and family, and the papers of the day furnish a very partic ular accoimt of his reception in the Province. On the second day after his arrival, attended by the members of his Council, the Mayor and other authorities of the City, the Govemor proceeded to the town haU and pubUshed his commission in the usual mode, by causing it to be read aloud in the presence and hearing of the assembled multitude. The ensuing day the Corporation of the City waited upon him, and, by Samuel NeviU, the Mayor, presented him with the usual complimen tary address, and the Corporation of EUzabeth the same day went through the same ceremony, Burlington, sharing with Amboy the honors of govemment, it was necessary that his commission should also be proclaimed there. He started 22 ADMINISTRATION OF PRESIDENT EEADING. [1758 General and Governor in Chief of His Majesty's said Province of New Jersey, in the room of the said Jona than Belcher Esq? deceased. And that the said Lords Commissioners for Trade and Plantations, do prepare a Draught of a Commission, and Warrant for passing the same under the Great Seal, and also Draughts of Instructions for the said Francis Bernard, and lay the same before His Majesty at this Board for His Eoyal Approbation. W. Blair. therefore from Amboy on the 21st June, escorted .by most of the inhabitants of note, and on his arrival at New Brunswick was received by the city authorities, James Hude, the Mayor, presenting their written address. The next morning he proceeded to Princeton, and the Trustees were prepared to introduce bim into Nassau Hall. He was conducted through the building, shown the curiosities, and was then honored by an oration from one of the students in Latin, to wliioh, we are told, " his Excellency returned an elegant and poUte Latin answer extempore;" an undertaking which few, if any, of his predecessors or successors would have ventured upon. After receiving and replying to an address from the Trustees, the Govemor proceeded on to BurUngton, arriving there the same day, and again experienced the gratification of having "his knowledge in the law, justice and candor" eulogized by the Corporation, the minister and vestry of the Church adding their congratulations. Governor Bernard took up his residence in Perth Amboy, and merits a conspicuous niche in the gallery of New Jersey Govemors, and greater consideration than he has hitherto received at the hands of historians. His character is thus summed up by EUiott iu his Biographical Dictionary: "He was sober and temperate, and had flne talents for conversation it the subject pleased him. He had an extensive knowledge of books, and memory so strong as to be able to refer to particular passages with greater facility than most men of erudition. He would sometimes boast that he could repeat the whole of the plays of Shakespeare. He was a friend of literature, and interested himself greatly in favor of Harvard College, when Harvard HaU with the library and philosophic apparatus were destroyed by flre; after which he presented to it a considerable part of his own private library. The building whioh now bears the name of Harvard is a specimen of his taste in architecture. * * « He was a behever in the prmciples of Christianity, the effect of study as well as of education, and was regular m his attendance upon pubhc worship; attached to the Church of England, but no bigot, * * * when in the country attending service at the nearest Congre- Cn^ nnCf ¦« ^'^^7™f'^<'« »* ^^^eton CoUege in their address to Govemor fn wb^t wat if ^f™^;-'^,'^^ Ij^^g ^^oyn, himself a friend of that institution, but of Nettlehon e Ti, r ,' ?•' ^"^^<^'i"^'^«y became Sir Francis Bernard, Baronet of Nettlehouse in Lmcolnshire.-Contributions to the Early Historu of Berth ;ilfnfeT;erencf;rKrj:rsey-E:'"^^"^ '^™^^"*'"^ - ^°"^ ™"'™^* *° ^'^ strtgrbr::nTetLr:nte^:s:/o7rer r *" '-- -•°-'*'^^ emor Bernard, naturally siding wittX L J. ^^'''"' ^^''^'^^ m^v^e&. and Gov ceedingly Obnoxious toLp:s^rorLnL«rthrL:Str^^^^ 1758] ADMINISTRATION OE PRESIDENT READING. 23 Draft of the Commission of Francis Bernard as Gov ernor of New Jersey, submitted to the Attorney or Solicitor General. [From P, R. O, B, T, New Jersey, Vol, 16, page 25.] George the Second by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith, &c. To Our trusty and Wellbeloved Francis Bernard Esq' Greeting: We reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Francis Bernard, of our especial Grace certain Knowledge and meer motion, have thought fit to constitute and appoint, and by these Presents do constitute and appoint you the said Francis Bernard to be Our Cap" General and Governor in Chief in & over Our Province of Nova Csesarea or New Jersey, Viz: the Division of East and West New Jersey in America, public prints. — Parton's Life of Franklin, n., 563; Gordon's New Jersey, 132, In a pamphlet pubUshed by Governor Bernard in London in 1774, he quotes from addresses of the Massachusetts Legislature to himself to show that the kindliest relations^xisted between him and them untU he attempted to enforce the stamp act in 1765, which, by the way, he says he was opposed to passing. In June, 1769, that legislature petitioned the king for his removal, on charges almost purely poUtical, and in August he sailed for England to contest the matter, with such suc cess, that in March, 1770, the petition was dismissed by his Majesty's privy council, — Select Letters on the Trade and Government of America, etc., by Governor Ber nard, London, 1774, pp, 89-130. However, he never returned to America, He had some time before this been knighted, John Adams says bitterly : "At such times you wiU see a Govemor of a Province, for unwearied industry iu his endeavors to ruin and destroy the people, whose welfare he was under every moral obUgation to study and promote, knighted and ennobled," — T^'orfcs, 11,251, The summary sketch of Governor Bernard, given by Mr. Adams in his " Novanglus," is interest ing, though unjustly severe: " Bernard was the man for the purpose of the Junto. Educated in the Ughest principles of monarchy ; naturally daring and courageous ; skilled enough in law and poUcy to do mischief, and avaricious to a most infamous degree ; needy, at the same time, and having a numerous family to provide for, he was an instrument suitable in every respect, excepting one, for this Junto to em ploy. The exception I mean was blunt frankness, vei-y opposite to that cautious cunning, that deep dissimulation, to which they had, by long practice, disci pUned themselves. However, they did not despair of teaching him this necessary artful qtiaUty by degrees, and the event showed that they were not whoUy unsuc cessful in their endeavors to do it."— 'Works, IV, 21.— "W, N, 24 ADMINISTRATION OF PEESIDENT READING. [1758 which we have thought fit to reunite into one Province and settle under one entire Government. And We do hereby require and command you to do and execute aU things in due manner, that shaU be long unto your said Command and the Trust We have reposed in you, according to the several Powers and Directions granted or appointed you by this present Commission, and the Instructions and Authorities herewith given you, or by such further Powers, In structions and Authorities as shaU at any time here after be granted or appointed you under Our Signet and Sign Manual or by Our Order in Our Privy Coun cil, and according to such reasonable Laws and Stat utes, as now are in Force, or hereafter shall be made and agreed upon by you, with the Advice and Consent of Our CouncU and the Assembly of Our said Province under your Government, in such manner and form as is hereafter expressed. And Our WiU and Pleasure is, that you the said Francis Bernard, after the Publication of these Our Letters Patents, do in the first Place take the oaths appointed to be taken by an Act passed in the first Year of Our late Eoyal Father's Eeign, entituled, An Actfor the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs ofthe late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales and his open and secret Abettors: As also that you make and subscribe the Declaration men tioned in an Act of ParUament made in the 25'.'? Year of the Eeign of King Charles the Second, Entituled an Act for prevent ing Dangers which may happen from Popish Recusants, and Ukewise that you take the usual Oath for the due Execution of the office and irust ot Our Captain General and Governor in Chief m and over Our said Province of Nova Ccesarea or New Jersey; as weU with regard to the due and impartial 175i^] ADMINISTRATION OF PRESIDENT READING. 25 Administration of Justice, as otherwise; and further that you take the Oath requir'd to be taken by Gov ernors of Plantations to do their utmost, that the sev eral Laws relating to trade and the Plantation be ob served; which said Oaths and Declaration Our Council in Our sail Province or any three of the Members thereof, have hereby fuU Power and Authority, and are required to tender and administer unto you, and in your Absence to Our Lieutenand Governor, if there be any upon the Place; all which being duly perform ed. You shall administer to each of the, Members of Our said Council, as aiso to Our Lieutenant Governor, if there be any upon the Place, the Oaths mentioned in the said Act, entituled, an Actfor the further Secur ity of His Majesty's Person and Government and the Succession of the Cro-wn in the Heirs of the late Prin cess Sophia being Protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors; You shall also cause them to make and subscribe the af oremention'd Declaration, ¦and administer to them the Oath for the due Execu tion of their Places and Trusts. And We do hereby give and grant unto you full Power and Authority to suspend any of the Members of Our said Council, from sitting, voting and assisting therein, if you shaU find just Cause for so doing. And if it shaU at any time happen, that by the Death, Departure out of Our said Province, or suspen sion of any of Our said Councillors or otherwise, there shall be a Vacancy in Our said Council, any three whereof We do hereby appoint to be a Quorum; Our WUl and Pleasure is, that you signify the same unto us by the first opportunity, that We may under Our Signet and Sign Manual constitute and appoint others in their Stead. But that Our Affairs may not suffer at that Distance, for Want of a due Number of Coiincillors, if ever it 26 ADMINISTRATION OF PRESIDENT READING. [1758 shaU happen that there be less than seven of them re siding in Our said Province; We do hereby give & grant unto you the said Francis Bernard fuU Power and Authority to chuse as many Persons out of the Principal Freeholders, Inhabitants thereof, as will make up the fuU Number of Our said CouncU to be seven, and no more; which Persons so chosen and ap pointed by you, shaU be to aU intents and purposes Councillors in Our said Province, untiU either they shaU be confirmed by Us, or that by the Nomination of Others by Us under Our Sign Manual and Signet, Our said Council shall have seven or more Persons in it. And We do hereby give and grant unto You fuU Power & Authority, with the Advice and Consent of Our said Council, from time to time as need shaU re quire, to summon and call general AssembUes of the said Freeholders and Planters within your Govern ment, in manner and form as shaU he directed in Our Instructions, which shaU be given you together with this Our Commission. And Our Will and Pleasure is, that the Persons thereupon duly elected by the Major Part of the Free holders of the respective Counties and Places, and so returned, shall, before their sitting, take the Oaths mentioned in the said Act, entituled, an Act for the further Security of His Maj'f^ Person and Government andthe Succession ofthe Crown in the Heirs ofthe late Princess Sophia being Protestants, And for ex tinguishing the hopes of the pretended prince of Wales and His open and secret Abettors ; as also make and subscribe the aforementioned declaration, or being of the people called Quakers, shaU take the Affirmation, and make and subscribe the declaration appointed to be taken and made instead of the Oaths of AUegiance, Supremacy and Abjuration, by an Act passed within Our said Province of Nova Ceesarea or 1758] ADMINISTRATION OF PEESIDENT READING. 27 New Jersey, in the first Year of our Eeign, entituled, an Act prescribing the Form.s of Declaration of Fidelity, the Effect of the Abjuration, Oath and Affir mation, instead of the Forms heretofore required in such Cases ; and for repealing the former Acts in the like Cases made & provided ; which Oaths, Affirma tion & Declaration You shall commissionate fit Per sons under Our Seal of Nova Cassarea or New Jersey to tender and administer unto them; and until the same shall be so taken, made & subscrib'd, no person shaU be capable of sitting though elected. And We do hereby declare that the persons so elected and quali- fyed shall be caU'd and deemed the General Assembly of that Our Province. And you the said Francis Bernard, with the Consent of Our said Council, [and] Assembly or the Major Part of them respectively, shall have full Power and Author ity to make, constitute and ordain Laws, Statutes and Ordinances for the pubhck Peace, Welfare & good Government of Our said Province and of the People and Inhabitants thereof, and such others as shall re sort thereto, and for the Benefit of Us, Our Heirs and Successors; which said Laws, Statutes and Ordinances are not to be repugnant, but as near as may be agre able unto the Laws and Statutes of this Our Kingdom of Great Britain; provided that aU such Laws, Statutes and Ordinances, of what Nature or duration soever, be, within three Months or sooner after the making thereof, transmitted unto Us under Our Seal of Nova Csesarea or New Jersey, for Our Approbation or dis aUowance of the same, as also Duplicates thereof by the next Conveyance. And in case any or aU of the said Laws, Statutes and Ordinances (being not before confirm'd by Us) shaU at any time be disaUow'd and not approved, and so signified by Us, Our Heirs or Successors under Our or their Sign Manual and Signet, or by Order of Our 28 ADMINISTRATION OF PRESIDENT READING. [1758 or their Privy CouncU unto you the said Francis Ber nard or to the Commander in Chief of Our said Prov ince for the time being, then such and so many of the said Laws, Statutes and Ordinances as shaU be so dis allowed and not approved, shaU from henceforth cease, determine and become utterly void and of none Effect, any thing to the contrary thereof notwithstanding. And to the end that nothing may be passed or done by Our said CouncU or Assembly, to the Prejudice of us. Our Heirs and Successors, We Will & Ordain, that you the said Francis Bernard shaU have and enjoy a Negative Voice in the making and passing of all Laws, Statutes and Ordinances, as aforesaid. And you shaU and may likewise from time to time, as you shaU judge it necessary, adjourn, prorogue and dissolve all General Assemblies, as aforesaid. And Our further Will & Pleasure is, that you shall and may use and Keep the Publick Seal of Our Prov ince of Nova Csesarea or New Jersey, for sealing aU things whatsoever that pass the Great Seal of Our said Province under your Government. And We do further give & grant unto you the said Francis Bernard full Power and Authority from time to time and at any time hereafter, by Yourself or by any other to be authorized by you in that behalf, to administer and give the abovementioned Oaths and Affirmations to all and every such Person and Persons as you shall think fit, who shall at any time or times pass into Our said Province or shall be resident or abiding there. And We do further by these Presents give and grant unto you the said Francis Bernard full Power and Authority with the Advice and Consent of Our said CouncU, to erect, constitute and appoint such & so many Courts of Judicature and publick justice within Our said Province under your Government as you and they shall think fit and necessary for the 1758] ADMINISTRATION OF PRESIDENT EEADING. 29 hearing and determining all causes, as well Criminal as Civil, according to Law and Equity, and for award ing of Execution thereupon, with all reasonable and necessary Powers, Authorities, Fees and Privileges belonging thereto; as also to appoint and commission ate fit Persons in the several parts of your Government to administer the Oaths mentioned in the aforesaid Act, Entituled, a?i Act for the further Security of Our Person and Government and the Succession of the Croivn in the Heirs ofthe late Princess Sophia being Protestants, and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors ; as also to tender and administer the afore said Declarations and Affirmations unto such Persons belonging to the said Courts as shall be obUged to take the same. And We do hereby authorize and impower You to constitute and appoint Judges (and in Cases requisite Commissioners of Oyer and Terminer,) Justices of the Peace, and other necessary Officers and Ministers in Our said Province for the better Administration of Justice and putting the Laws in Execution, and to administer or cause to be administered unto them such Oath or Oaths as are usuaUy given for the due Execu tion and Performance of Offices and Places, and for the clearing of Truth in Judicial Causes. And We do hereby give and grant unto you fuU Power and Authority where you shall see Cause, or shall judge any offender or offenders in criminal Mat ters, or for any Fines or Forfeitures due unto Us, fit Objects of Our Mercy, to pardon aU such Offenders, and to remit aU such Offences, Fines aud Forfeitures, Treason and WUlful Murder only excepted, in which Cases you shaU likewise have Power upon extraor dinary Occasions to grant Eeprieves to the Offenders, untiU and to the Intent Our Eoyal Pleasure may be Known therein. 30 ADMINISTRATION OF PRESIDENT EEADING. [1758 And We do by these Presents authorize and im power you to coUate any Person or Persons to any Churches, Chapels or other Ecclesiastical Benefices within Our said Province, as often as any of them shaU happen to be void. And We do hereby give and grant unto you the said Francis Bernard by yourself or by your Captains and Commanders by you to be authorized, full Power and Authority to levy, arm, muster, command, and imploy all Persons whatsoever residing within Our said Prov ince of Nova Csesarea or New Jersey undei- your Gov ernment, and, as Occasion shaU serve, to march from one place to another, or to embark them for the re sisting and withstanding of aU Enemies, Pirates and Eebels, both at Sea and Land, and to transport such Forces to any of Our Plantations in America (if neces sity shaU require) for the Defence of the same against the invasion or Attempts of any of Our Enemies, and such . Enemies, Pirates and Eebels, if there shall be occasion, to persue and prosecute in or out of the Limits of Our said Province and Plantations or any of them; and, if it shaU so please God, them to vanquish, apprehend and take, and being taken either according to Law to put to Death, or Keep and preserve alive at your Discretion, & to execute Martial Law in time of Invasion or other times when by Law it may be ex ecuted, and to do and execute all and every other thing and things which to Our Captain General and Gov ernor in Chief doth or ought of Eight to belong. And We do hereby give and grant unto you full Power & Authority, by and with the Advice and Con sent of Our said Council, to erect, raise and build in Our said Province of Nova Csesarea or New Jersey such and so many Forts and Platforms, Castles, Cities, Boroughs, Towns and Fortifications, as You by the Advice aforesaid shall judge necessary; and the same or any of them to fortify and furnish with Ordnance Ammunition, and aU sorts of Arms fit and necessary 1758] ADMINISTRATION OF PRESIDENT READING. 31 for the security & Defence of our said Province, and by the Advice aforesaid the same again or any of them to demoUsh or dismantle as may be most convenient. And for asmuch as divers Mutinies and Disorders may happen by Persons shipped and imploy'd at Sea, during the time of War, and to the end that such as shaU be shipped & imployed at Sea during the time of War, may be better govrn'd and order'd; We do hereby give and grant unto You the said Francis Bernard fuU Power and Authority to constitute and appoint Captains, Lieutenants, Masters of Ships and other Commanders and officers, and to grant unto such Captains, Lieutenants, Masters of Ships and other Commanders and officers. Commissions to execute the Law Martial, during the time of War, according to the Directions of an Act passed in the 22"? year of Our Eeign, entitled, an Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of his Majestys' Ships, Vessels and Forces by >Sea; and to use such proceedings, Authori ties, Punishments, Corrections and Executions upon any offenders, who shall be Mutinous, Seditious, Dis orderly or any way unruly, either at Sea or during the time of their Abode or Eesidence in any of the Ports, Harbours, or Bays of Our said Province, as the Cause shall be found to require, according to Mar tial Law and the said Directions, during the time of War, as aforesaid. Provided that nothing here in con tain'd shaU be construed to the enabUng you, or any by your Authority, to hold plea or have any Jurisdic tion of any offence. Cause, Matter or Thing com mitted or done upon the high Sea, or within any of the Havens, Eivers or Creeks of Our said Province under your Government, by any Captain, Commander Lieutenant, Master, officer, Seaman, Soldier or other Person whatsoever, who shall be in actual Service and pay, in or on Board any of Our Ships of War or other Vessels acting by immediate Commission or Warrant 32 ADMINISTRATION OF PRESIDENT READING. [1758 from our Commissioners for executmg the office of Our High Admiral, or from Our High Admiral of Great Britain for the time being under the Seal of Our admiraUy; but that such Captain, Commander, Lieu tenant, Master, offlcer. Seaman, Soldier, or other Per son so offending, shaU be left to be proceeded against and tryed as their offences shaU require; either by Commisson under Our Great Seal of Great Britain, as the Statute of the 28*? of Henry the eight directs; or by Commission from Our said Commissioners for executing the office of Our High Admiral; or from Our High Admiral of Great Britian for the time being, according to the aforemention'd Act for amending, explaining and reducing into one Act of parliament the Laws relating to the Government of His Majestys' Ships, Vessels and Forces by Sea, and not otherwise. Provided nevertheless that all Disorders and Mis- deameanors committed on Shore by any Captain, Com mander, Lieutenant, Master, officer, Seaman, Soldier or other Person whatsoever, belonging to any of Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commission ers for executing the office of Our High Admiral, or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be tryed and punished according to the Law of the place where any such Disorders, offences and Misdemeanours shaU be committed on Shore, notwithstanding such offen der be in Our actual Service and born in Our Pay on Board any such Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commissioners for executing the office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid, so as he shall not receive any protection for the avoiding Jus tice for such offences committed on Shore, from any pretence of his being imployed in Our Service at Sea. Our further WiU & Pleasure is, that aU publick 1758] ADMINISTRATION OF PEESIDENT READING. 33 Money raised or which shaU be raised by any Act hereafter to be made within Our said Province, be issued out by Warrant from You, by and with the advice & Consent of Our CouncU, and disposed of by you for the Support of the Government, and not otherwise. And We do hereby give you the said Francis Ber nard fuU Power and Authority to order and appoint Fairs, Marts and Markets, as also such and so many Ports, Harbours, Bays, Havens and other Places for the Convenience and Security of Shipping and for the better Loading and unloading of Goods and Merchan dize, as by you, with the Advice and Consent of Our said Council, shaU be thought fit and necessary. And We do hereby require and command all Officers & Ministers Civil and Military, and aU otUer Inhabi tants of Our said province to be obedient, aiding and assisting unto you the said Francis Bernard in the execution of this Our Commission, and of the Powers and Authorities herein contain'd; And in Case of your Death or Absence out of Our said Province, t'o be Obe dient, aiding and assisting unto such Person as shaU be appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said province, to whom We do therefore by these presents give and grant all and singular the powers and Authorities herein granted to be by him executed & enjoyed during Our pleasure, or until your arrival within Our said province. And if upon your Death or Absence out of Our said province there be no person upon the place commis- sionated or appointed by us to be Our Lieutenant Gov ernor or Commander in Chief of Our said province. Our WUl & Pleasure is, that the eldest Councillor whose name is first placed in Our said Instructions to you, and who shaU be at the time of your Death or Absence residing within Our said province of New Jersey, shall take upon him the Administration of the Government, 3 34: ADMINISTRATION OF PRESIDENT READING. [1'<'58 & execute Our said Commission and Instrui^ions and the several Powers and Authorities therein contain'd, in the same Manner and to aU Intents and purposes as other Our Governor or Commander in Chief of Our said province shou'd or ought to do, in Case of your. Absence untili you return, or in aU Cases untiU Our further Pleasure be Known therein. ¦ And We do hereby declare, ordain and appoint, that you the said Francis Bernard shall and may hold, exe cute and enjoy the office & Place of Our Captain Gen eral and Governor in Chief in and over Our province of Nova Caesarea or New Jersey, together with aU and Singular the Powers and Authorities hereby granted unto you for and during Our WiU and Pleasure. In Witness whereof We have caused these our Letters to be made Patents. Witness Ourself at Westminster the day of 1758 in the thirty first year of Our Eeign. And for so doing this shaU be your War rant. Given at Our Court at S' James's the day of 1758 in the thirty flrst year of Our Eeign. Report of the Lords of Trade upon the Petition of the Agent of New Jersey, respecting a Bill for issuing £89,000 in paper Bills of Credit. [From p, E, O, B, T., New Jersey, Vol, 16, Page 55,] To the Right Hon"?'' the Lords of the Committee of His Majesty's most Hon""?^ Privy Council for Plantation Affairs. ' My Lords, Pursuant to Your Lordships Order dated the 16 of hnmhif fe ^^ ^^''^ ^^^""^ ^^*o Our Consideration the humble Petition of Eichard Partridge, Agent for & in 1758] ADMINISTRATION OF PRESIDENT READING. 36 behalf of i,be House of Eepresentatives of the Colony of New Jersey, humbly praying, for the Eeasons therein contain'd that His Majesty wiU be gracipusly pleased to signify his Eoyal Pleasure to the Governor or Commander in Chief of the said Colony for the Time being, to give his Assent to a BiU prepared by the said House of Eepresentatives In March last, inti- tulated, an Act for making current £60,000 in Bills of Credit, to be emitted on Loan within the Colony of Neiv Jersey, the interest whereof to sink the further Sum o/ £29,000, to be also made current for the imme diate Service of the Croivn if the same should be needed, otherwise for the Relief of the said Colony. And hav mg been attended by the said Agent & his Counsel, & heard what they had to offer in Support of the Peti tion, yVe beg leave to acquaint your Lordships, that this Bill appears to us to be Uable to many very mate rial objections. 1'* by the manner in which the Clause of appropriation is expressed, the House of Eepresenta tives seem to have assumed to themselves not only a power or joining with the Govf & Council in the dis posal & issuing the money granted for his Majesty's Service, but Ukewise to have made themselves judges of the Ser-vices to which it is to be appUed. 9,'^}^ The Surplus of the interest arising from the Loan of the BiUs of Credit, which shall remain after sinking the £29,000 granted for his Majesty's Service, is to be substituted as a Fund for sinking BiUs of Credit heretofore emitted, in lieu of Taxes which have been already estabUsh'd for that purpose. 3<"5' The BUls of Credit are declared to be legal Ten ders in payment of aU Debts & Contracts. With respect to the first of these objections. We must observe that the Assembly's assuming to them selves a Eight to join in the disposal & issuing of publick money is in aU Cases a deviation from the fundamental Principles of the Constitution of that 36 ADMINISTRATION OF PEESIDENT READING. [1758 Colony, as estabUsh'd by His Majesty's Commission & Instructions. That, independent of this considera tion, as the Services to be performed by this Grant ought not to be in their nature either local or provin cial, the Assembly cannot be the proper judges of them; & therefore the money granted by this BiU to his Majesty's Use ought to have been appropriated to such Services in general, as Bis Majesty or the Com mander in Chief of his. Forces in America should think proper to direct or recommend, to be issued & disposed of by Warrant of the Govf & CouncU to such Services only. With respect to the 2" of these objections, it will be necessary to state to your Lordships, that in the Years 1755, 1756, & 1757, paper BiUs of Credit, to the Amount of £82,500, have been issued & made current for five years, & Taxes are imposed to constitute a Fund for sinking them within that term. That by substituting the Interest of this Loan in Lieu of those Taxes, the provision made for sinking them -within a reasonable time wiU be set aside, & the currency of them protracted to a much longer time, which is such a violation of the Publick Faith, as has in other Colo nies always produced a Depretiation of the Credit of the Paper Currency, and was one of those Evils which gave rise to the necessity of the Act of ParUament passed in the Year 1750 for restraining the Paper Cur rency in the four Colonies of New England. With regard to the third objection; the making BiUs of Credit legal Tenders in all payments is contrary to the sense of Parliament, as express'd in their Eesolu tion s of the 5*? of April 1740, & in the above mentioned Act passed in the year 1750, as we have frequently had occasion to observe in former Eeports; in which we have declared, that, tho' a Paper Currency may be advantageous to a Trading Colony, yet that it ought never to be admitted, unless it can be effected without 1728] ADMINISTRATION OF PRESIDENT READING. 37 enforcing the legaUty of the Tender of the BiUs so to be issued; which we are of opinion is by no means impractible, if some part of the Interest raised upon such Bills should be appropriated to support their Cir culation; & this Method, We beUeve might not only be easily and successfully pursued, but wou'd be Uke wise with the strictest propriety an application of the whole & every part of the money so raised to the pub- Uck Service. But however this be, We were of opinion in our former Eeports, & stiU continue to be so, that the Inconveniences of making BUls of Credit legal Tenders so greatly overbaUance the advantages which can accrue to the Publick from the Interest of them, that the latter ought not to be accepted, unless the former can be avoided. Having stated to your Lordships the Objections to which this Bill appears to be Uable with such Observa tions as have occur'd to Us in support of them, it only remains for Us to take Notice of the two principal Eeasons assigned in the Preamble of the BUl for estab Ushing this Paper Currency, namely, the inabiUty of the People in their present circumstances to carry on Trade or even their DeaUngs for the Common neces saries of Life, & to continue their Assistance to the common cause in carrying on the War against his Majesty's Enemies. With respect to the first of these Eeasons, we find, upon enquiry into the present State of the paper cur rency in New Jersey, that the Bills now outstanding & current in that Colony amount in the whole to about £107,000; & as that sum appears to Us suffi ciently large for all purposes in the ordinary Course of commercial Dealings, we conceive there can be no room to pretend an immediate necessity of that sort. As to the Plea of necessity arising from their InabUity to contribute towards the Prosecution of the War, it may be obviated by His Majestys' permitting his Gov!' 38 ADMINISTRATION OF PEESIDENT EEADING. [1758. .to give his Assent to any BiU or Bills for issuing such QuantUy of Paper Currency as may be necessary for defraying the expence of such miUtary Services, as ShaU be required by His Majesty or his commander m Chief in America; provided the Credit of such Bills be pronerly ascertain'd & Funds be estabUsh'd for sinking them within a reasonable time not exceeding flve years, conformable to the Directions perscrib'd m the Uke Cases by His Majestys' Instructions to his late Govr of the Province of New York. We are, My Lords, &c Dunk Halifax. T. Pelham. SoAME Jenyns. WhitehaU W. G. Eamilton. Feb? 21. 175S W. Slopee. Representation to the King from the Lords of Trade with a draft of General Instructions and those re lating to Trade for Francis Bernard Governor of New Jersey. [From P. R. O, B. T., New Jersey, Vol. 16, p, 64.] Whitehall, Feb'y 23, 1758. To THE King's most Excellent Majesty. May it please your Majesty, In obedience to your Majesty's Order in Council dated the 27"' of Jan7 last. We have prepared Draugts of General Instructions & of those which relate to the observance of the Acts of Parliament for the Encour agement & Eegulation of Trade & Navigation, for Francis Bernard Esq' whom Your Majesty has been 1758] ADMINISTRATION OF PRESIDENT READING. 39 pleased to appoint Captain Genj & Governor in Chief of your Majesty's Province of New Jersey: In which Draughts we have made alterations from the Instruc tions given by your Majesty to Jona? Belcher Esq!' the late GovF of that Province, in the following Eespects. There being but eleven Persons appointed by your Majesty to be of your Council in New Jersey, We have in the first Article of this Draught of Gen! Instruc tions, added the namfe of W? Alexander Esqy, who has been recommended to Us as a person quahfied to supply the Vacancy. We have omitted the 19'? Article of the former in structions, whereby the Governor was du-ected not to give Assent to any Act for issuing Paper Bills of Credit, upon any Account whatever, unless a Draught of such Act was pre"viously transmitted for your Maj esty's Directions, or a Clause inserted in it, suspending its Execution tiU your Majesty's Pleasure should be Known thereupon. As such an Instruction might deprive the Legislature of New Jersey of the Means of providing for any MUitary Services, or sudden Eraer gency, which may arise in time of War, it appeared to Us improper to be continued in the present Conjunc ture, We have therefore inserted in its place the 22" Article of the present Draught, which is exactly con formable to the Instruction given by your Majesty to your late Gov.f of New York whereby he is permitted to assent to Acts for issumg paper Currency in Cases of Emergency & for Military purposes in time of War. upon such Conditions & under such Eegulations as are prescribed in the like Cases by the Act of ParUament pass'd in the Year 1750 for restraining the paper Cur rency in the four Colonies of New England. " We have also omitled in gen! aU such Articles of the Instructions given to the late Govf, as appeared to Us to have become obsolete, useless or improper, and have inserted such Articles of the Instructions given to the 40 ADMINISTRATION OF PRESIDENT READING. [175-8 Governors of your Majesty's other Colonies, as seem weU adapted to the Situation- & Circumstances of New Jersey, making the same conformable to what has been approved by your Majesty in the Instructions given to such of the said Governors as have been lately appointed. The Draught of Instructions for the observance of the Acts of Parliament for the Encouragement & Eegulation of Trade and Navigation, is made conform able to the Instructions which have been approved and given by your Majesty for the Uke Purposes to other Governors on the Continent of North America. AU which is most humbly submitted. Dunk Halifax James Oswald Soame Jenyns W. G. Hamilton W^ Sloper. INSTEUCTIONS to Our Trusty and Well beloved Francis Bernard Esq! Our Captain General and Governor in Chief in and over Our province of Nova Csesarea or New Jersey in America. Given at Our Court at S? James's the day of 1758 in the thirty first day of Our Reign. 1=.' With these Our Instructions your wiU receive Our Commission under Our Great Seal of Great- Britain, constituting You Our Capt" General and Gov ernor in Chief in and over Our province of New Jer sey, You are therefore with all convenient Speed to repair to Our said Province, and being there arrived. You are to take upon you the Execution of the Peace and Trust We have reposed in You, and forthwith to call together the Members of Our Council in and for 1758] ADMINISTRATION OF PRESIDENT READING. 41 that province, viz? Jn? Eeading, Eobert Hunter Morris, Edward AntiU, James Hude, Andrew Johnston, Peter Kimbold, Thomas Leonard, Eichl Salter, David Ogden, Lewis Ashfield, Samuel Woodruffe and W?" Alexan der Esq" 2"! And you are with all due Solemnity to cause Our said Commission to be read and pubUshed at the said Meeting of Our CouncU, which being done, You shall then take and also administer to each of the Members of Our said CouncU the Oaths mention'd in an Act pass'd in the first Year of His late Majesty Our Eoyal Father's Eeign, entituled, aji Act for the further Security of His Majesty's Person and Government and the Succession of the Croivn in the Heirs of the late princess Sophia being Protestants, and for extinguish ing the hopes of the pretended prince of Wales and His' open and secret Abettors : as also make and subscribe and cause the Members of Our said Council to make and subscribe the Declaration mentioned in an Act of ParUament made in the 25"" Year of the Eeign of King Charles the second, entituled, an Act for preventing Datigers which may happen by Popish Recusants; And you, and every of them, are Ukewise to take an Oath for the due Execution of your and their places and Trusts with Eegard to your and their equal and impar tial Administration; of Justice; and you are also to take the Oath required by an Act pass'd in the 7 & 8 Years of the Eeign of King WilUam the 3" to be taken by Governors of Plantations to do their utmost that the Acts of Parliament relating to the plantations be observed. 3. You shaU administer or cause to be administered the Oaths mentioned in the aforesaid Act, entituled, an Act forthe further Security of His Majesty's Per son and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protes tants, and for extinguishing the Hopes of the pretended 43 ADMINISTRATION OF PRESIDENT READING. [1758 Prince of Wales, and his open and secret Abettors; to the Members and officers of the CouncU and Assem bly, and to aU Judges, Justices, and aU other Persons, that hold any Office or Place of Trust or Profit in the said Province, whether by virtue of any patent under Our Great Seal of this Kingdom, or the PubUck Seal of New Jersey, or otherwise; And you shall also cause them to make and subscribe the aforesaid Declaration; without the doing of aU which you are not to admit any person whatsoever to any pubhck Office, nor suf fer those who have been admitted formerly, to con tinue therein. 4. You are forthwith to communicate to Our said Counpil such and so many of these Our Instructions wherein their Advice and Consent are required, as likewise all such others from time to time as you shall find convenient for Our Service to be imparted to them. 5. You are to permit the Members of Our said Coun- bil to have and enjoy Freedom of Debate and Vote in aU Affairs of publick Concern, that may be debated in Council. 6. And although by Our Commission aforesaid We have thought fit to Direct, that any three of Our Councillors make a Quorum, it is nevertheless Our Will and Pleasure, that you do not act with a Quorum of less than five Members, unless upon extraordinary Emergencies, when a greater Number cannot be con veniently had. 7. And that We may be always informed of the Names and Characters of Persons fit to supply the Vacancies that shaU happen in Our said CouncU, you are from time to time, when any Vacancies shaU hap pen in Our said CouncU, forthwith to transmit unto Our Commissioners for Trade and Plantations, in order to be laid before Us, the Names of three persons, In habitants of the Eastern Division, and the Names of three other Persons Inhabitants of the Western Divis- 1758] ADMINISTRATION OF PEESIDENT READING. 43 ion, of Our said Province, whom you shall esteem the best quaiifyed for that Trust. 8. Ajtd whereas by Our Commission You are im power'd, in Case of the Death or Absence of any of Our Council of the said Province, to fill up the Vacan cies in Our said Council to the number of seven, and no more; you are from time to time to send to Our Commissioners for Trade and Plantations, in order to be laid before Us, the Name or Names and Qualities of any Member or Members by you put into Our said CouncU by the first conveniency after your so doing. 9. And in the Choice and nomination of the Mem bers of Our said CouncU, as also of the Chief Officers, Judges, Assistant Justices and Sheriffs; You are always to take Care, that they be men of good Life, well affected to Our Government, of good Estates, and of AbiUties suitable to their Employments. 10. You are neither to augment nor diminish the Number of Our said CouncU, as it is already estab Ush'd, nor to suspend any of the Members thereof without good and sufficient Cause, nor without the Consent of the Majority of the said Council signified in Council, after due Examination of the Charge against such CouncUlor and his answer thereunto. And in Case of Suspension of any of them. You are to cause your Eeasons, for so doing, together -with the Charges and proofs against the said Persons, and their Answers thereunto, to be duly entred upon the Coun cU Books; and forth-with to.transmit Copies thereof, to Our Commissioners for Trade and Plantations, in Order to be laid before us. Nevertheless if it should happen, that you should have Eeasons for suspending any Councillor not fit to be communicated to the Council, you may in that Case suspend such Person without their Consent; but you are thereupon imme diately to send to Our Commissioners for Trade and Plantations, in Order to be laid before Us, an Account 44 ADMINISTRATION OF PRESIDENT EEADING. [1758 of your proceedings therein, with your Eeasons at large for such Suspension, as also for not communi cating the same to the CouncU, and DupUcates thereof by the next Opportunity. 11. And whereas We are sensible, that effectual Care ought to be taken to oblige the Members of Our Council to a due Attendance therein, in Order to pre vent the many inconveniences that may happen for want of a Quorum of the Council to transact Business, as Occasion may require ; It is Our Will & Pleasure, that, if any of the Members of Our said Council resid ing in the said Province shall hereafter absent them selves, from Our Said Province, and continue absent above the Space of twelve months together, -without leave from you or from Our Governor or Commander in Chief of the said Province for the time being, first obtain'd under your or his Hand and Seal, or shall re main absent for the Space of two Years successively, without Our Leave given them under Our Eoyal Sign Manual, their place or places in Our said Council shall immediately thereupon become void ; and that if any of the Members of Our said Council residing in our said Province shall hereafter wiUfuUy absent theraselves from the Council Board when duly summon'd -without a just and lawfuU Cause, and shall persist therein after Admonition, you suspend the said Councillors, so ab senting themselves, tUl Our further pleasure be known, giving timely notice thereof to Our Commissioners for Trade and plantations, in Order to be laid before Us ; And We do hereby Will and require you, that this Our pleasure be signified to the several Members of Our Council aforesaid, and that it be enter'd in the CouncU Books of Our said Province as a standing Eule. 12. And Our Will and Pleasure is, that with aU convenient Speed you caU together one general Assem bly for the enacting of Laws for the joint and mutual Good of the whole province ; that the first meeting of 1758] ADMINISTRATION OF PRESIDENT READING. 45 the said general Assembly be at Perth Amboy in East New Jersey, in case the last was at BurUngton ; And that all future General Assemblies do meet and sit at one or the other of these Places alternately, or other- -wise as You, with the Advice of Our foresaid CouncU, shall think fit in Case of extraordinary Necessity to appoint thx'^m. 13. Our Will & Pleasure is, and you are accord ingly to make the same Known in the most pubUck Manner, that the Method of choosing Eepresentatives for the future shall be, as follows; Viz* two by the In habitants — Householders of the City or Town of Perth Amboy in East New Jersey, and two by the Free holders of each of the Five Counties in the said Di 'vision of East New Jersey; Two by the Inhabitants Householders of the city or Town of Burlington in West New Jersey, and two by the Freeholders of each of the five Counties in the said Division of West New Jersey; which Persons, so to be chosen, make up to gether the Number of twenty four Eepresentatives. And it is Our furiher Will & Pleasure, that no Person shaU be capable of being elected a Eepresentative by the Freeholders of either Division, as aforesaid, or afterwards of sitting in general Assembly, who shall not have one thousand Acres of Land an Estate of Freehold in his own Eight wdthin the Division for which he shall be chosen, or have a personal Estate in Money, Goods or Chattels to value of five hundred pounds sterUng and all Inhabitants of Our said Prov ince being so quaiifyed, as afore.'^aid, are hereby de clared capable of being elected accordingly. 14. You are to choose in the passing of Laws, that the StUe of enacting the same be by the Governor, Council and Assembly and no other; You are also, as much as possible, to observe in the passing of all Laws, that whatever may be requisite upon each different matter be accordingly provided for by a 46 ADMINISTEATION OF PEESIDENT READING. '[1758 different Law, without Intermixing in one and the same Act such things as have no proper relation to each other, and you are more especially to take care, that no Clause or Clauses be inserted in or annexed to any Act, which shaU be foreign to what the Title of such respective Act imports; and that no perpetual Clause be made part of any temporary Law; and that no Act whatsoever be suspended, altered^ continued revived or repeated by general Words, but that the Title and Date of such Act so suspended, alter'd, con tinued, revived or repealed be particularly mentioned and expressed in the enacting part. 15. And. whereas several Laws have formerly been enacted in several of Our Plantations in America, for so short a time, that the Assent or refusal of Our Eoyal predecessors cou'd not be had thereupon before the time, for which such Laws were enacted, did expire; You shall not for the future give Your Assent to any Law; that shall be enacted for a less time than two Years, except in the Cases herein after mention'd. And you shaU not reenact any Law to which the Assent of Us or Our Eoyal predecessors has once been refused, without express Leave for that purpose flrst obtained from Us, upon a full Eepresentation by you to be made to Our Commissioners for Trade and Plan tations, in order to be laid before Us, of the reason and necessity for passing such Law, nor give your Assent to any Law for repeahng any other Act pass'd in Your Government, whether the same is or has not received Our Eoyal Approbation, unless You take care that there be a Clause inserted therein suspending and deferring the Execution thereof until Our Pleasure be known concerning the same. 16. And whereas great Mischiefs do arise by the Frequent passing BUls of an unusual and extraordi nary Nature and Importance in Our Plantations, which BiUs remain in force there from the time of enacting 1758] ADMINISTRATION OF PRESIDENT EEADING. 47 until Our Pleasure be signified to the contrary; We do hereby Will and require you not to pass or give your Consent hereafter to any Bill or Bills in the Assembly of Our said Province of unusual and extraordinary Nature and importance, wherein Our Prerogative, or the Property of Our Subjects may be prejudiced, or the Trade or Shiping of this Kingdom any Ways affected, until you shall have first transmitted to Our Commissioners for Trade and Plantations, in order to bs laid before Us, the Draught of such a Bill or Bills, and shaU have receiv'd Our Eoyal Pleasure thereupon, unless you take care in the passing of auy BiU of such Nature as beforementioned, that there be a Clause in serted therein, suspending and deferring the Execution thereof untUl Our Pleasure shaUbe known concerning the same. 17. You are also to take Care, that no private Act, whereby the property of private Persons may be affected, be passed, in which there is not a saving of the Eight of Us, Our Heirs and Successors, all Bodies PoUtick or corporate, and of aU other Persons, except such as are mentioned in the said Act and those claim ing by, from and under them; And further you shall take Care, that no such private Act be passed -without a Clause suspending the Execution thereof, until the same shaU have Our Eoyal Approbation. It is Uke wise Our Will and Pleasure, that you do not give your Assent to any private Act, untU Proof be made before you in Council (and entred in the Council Books,) that pubUck notification was made of the Par ties Intention to apply for such Act in the several Parish Churches, where the premises in Question lye, for three Sundays at least successively, before any such Act shall be brought into the Assembly; and that a Certificate under your hand be transmitted , with and annexed to every such private Act, signify ing that the same has passed through all the forms above mention'd. 48 ADMINISTEATION OF PRESIDENT READING. [1758 18. You are to take Care, that in aU Acts or Orders to be passed within that Our said Pro-vince, in any Case for levying Money or imposing Fines and Penal ties, express mention be made, that the same is granted or reserved to Us, Our Heirs or Successors for the PubUck Uses of that Our Pro-vince and the sup port of the Government thereof, as by the said Act or Order shall be directed, and you are particularly not to pass any Law or do any Act by Grant, Settlement or otherwise, whereby Our Eevenue may be Lessened or impaired without Our especial leave or Command therein. 19. You are not to suffer any pubUck Money what soever to be issued or disposed of, otherwise than by Warrant under your hand, by and with the Advice and Consent of Our said CouncU, but the Assembly may be nevertheless permitted from time to time to view and examine the Accounts of Money or Value of Money disposed of by Virtue of Laws made by them, which you are to signify unto them, as there shaU be occasion. 20. You are not to permit any Clause whatsoever to be inserted in any Law for the Levying Money or the Value of money, whereby the same shaU not be made lyable to be accounted for unto Us, and to Our Commissioners of Our Treasury or Our High Treas urer for the time being, and audited by Our Auditor General of Our Plantations or his Deputy for the time being. And we do particularly require and enjoyn you, under the pain of Our highest Displeasure, to take Care, that fair Books of Accounts of aU Eeceipts & payments of aU publick Money be duly kept, and the Truth thereof attested upon Oath And that aU such Accounts be audited and attested by the Auditor Gen eral of Om- Plantations or his Deputy, who is to trans mit Copies thereof to Our Commissioners of Our Treas ury or tb Our High Treasurer for the time being, and 1758] ADMINISTRATION OF PRESIDENT EEADING. 49 that you do every half Year or oftener send another Copy thereof attested by yourself to Our Commissioners for Trade and Plantations, and Duplicates thereof by the next Conveyance; In which Books shaUbe specified every particular Sum raised, and disposed of, together with the names of the Persons to whom any Payment shall be made, to the end We may be satisfied of the Eight and due appUcation of the Eevenue of Our said province with the probabUity of the increase or Dimi nution of it under every head or Article thereof. 21^-* It is Our express Will and Pleasure, that no Law for raising any imposition on Wines or other strong Liquors be made to continue for less than one whole Year, and that aU other Laws made for the supply and Support of the Government shaU be indefi nite and without Limitation, except the same be for a temporary Service, and which shall expire and have their fuU effect within the time therein prefixt. 22. Whereas Acts have been passed in some of Our This Article Plantations in America for striking BUls of was struck out ,-..-,., -, . . jji -i* £ by the Lords Credit and issumg out the same m heu ot ofthecomiou, Mouoy, and for declaring the said BiUs to & in lieu there- •' ' . , v -i-i ¦ i. ofwasinsert'd be legal Tenders m payment ot aU private the i9"> Article Qoutracts, Dobts, Duos and Demands what- of the Instruc- ^ ' ,, . iti tions given to soover, in Order to discharge their pubhck chef Esq^he D^bts and for other purposes; from whence late Gov sovcral Inconveuiences have arisen; It is in coticudr- therefore Our Will and Pleasure, that you ted i« of April ^q not givo your Assent to or pass any Act ^Bund'e in the Provmce of New Jersey under your Government, whereby BiUs of Credit may be struck or issued in Ueu of Money, unless upon sudden and extraordinary Emergencies of Government, in Case of War or Invasion, and upon no other occasion what ever, and provided that in every such Act so to be passed by you, due care be taken to ascertain the real Value of such BiUs of Credit, and that an ample and 4 50 ADMINISTRATION OF PRESIDENT READING. [1758 . sufficient fund be provided, for caUing in, sinking and discharging the said Bills within a reasonable time, not exceeding five Years; and provided also, that such Bills of Credit shall not be declared to be a legal Ten der in payment of any private Contracts, Bargains, Debts, Dues or Demands whatsoever within Our said Province; and it is Our further Will & Pleasure, that you do not upon any pretence whatsoever give your Assent to any Act or Acts, whereby the time limited or the Provision made for the calling in, sinking and discharging such paper Bills of Credit, as are already subsisting or passing in payment -within Our said Pro-vince, shall be protracted or postponed, or whereby any of them shaU be depreciated in Value, or whereby they shaU be re-issued, or obtain a new and further Currency. 23. Whereas several Inconveniences have arisen to Our Governments in the Plantations by Gifts and Presents made to Our Governors by the general As semblies; you are therefore to propose unto the As sembly at their first meeting after your Arrival, and to use your utmost Endeavour with them, that an Act be passed for raising and settUng a pubUck Eeve nue for defraying the necessary Charge of the Govern ment of Our said Province, and that therein Provision be particularly made for a competent Salary to your self as Captain General and Governor in Chief of Our said Province, and to other Our succeeding Captains General and Governors in Chief for supporting the Dignity of the same Office, as likewise due Provision for the Contingent Charges of Our Council and As sembly, and for the Salaries of the respective Clerks and other Officers thereunto belonging, as Ukewise of aU other Officers necessary for the Administration of that Goverment, and particularly that such Salaries be enacted to be paid in SterUng or Proclamation Money or in paper Bills of Credit current in that Prov- 1758] administrIation of president reading. 51 ince in proportion to the Value such Bills shall pass at in Exchange for SUver, that thereby the respective Officers may depend on some certain income, and not be lyable to have their Stipends varied by the uncer tain Value of Paper Money, and that in such Act aU Officers Salaries be fixed to some reasonable yearly Sum, except the Members of the Council and Assem bly and the Officers attending them, or others whose Attendance on the pubUck is uncertain, who may have a reasonable pay estabUshed per Diem during their Attendance only; And when such Eevenue shall have been so settled and Provision made as aforesaid, then Our express Will & Pleasure is, that neither you Our Governor, nor any Governor, Lieuten? Governor, Commander in Chief, or President of Our Council of Our said Province of New Jersey for the time being, do give your or their Consent to the passing of any Law or Act for any Gift or Present to be made to You or them by the Assembly; and that neither you nor they do receive any Gfft or Present from the Assembly or others on any Account or in any Manner whatsoever, upon pain of Our Highest Displeasure and of being recalled from that Our Government. And We do further direct and require that this Declaration of Our Eoyal WiU and Pleasure be communicated to the As sembly at their first meeting after your Arrival in Our said Province, and entred in the Eegister of Our Coun cU and Assembly, that all Persons, whom U may con cern, may govern themselves accordingly. 24. And whereas an Act of Parliament was passed in the sixth Year of the Eeign of Her late Majesty Queen Anne, intituled an act for ascertaining the Rates of foreign Coins in Her Majesty's Plantations in America, which Act the respective Governors of aU Our Plantations in America have from time to time been instructed to observe and carry into execution; And whereas notwithstanding the same. Complaints 52 administration of president e,eading. [175^ have been made, that the said Act has not been ob served, as it ought to have been, in many of Our Col onies and Plantations in America, by means whereof many indirect Practices have grown up, and various and illegal Currencies have been introduced in several of the said Colonies and plantations, contrary to the true intent and meaning of the said Act, and to the prejudice of the Trade pf Our Subjects; It is therefore Our Royal Will & Pleasure, and you are hereby strictly required and commanded, under pain of Our highest Displeasure and of being removed from your Government, to take the most effectual care for the future, that the said Act be punctually and bona fide observed and put in execution, according to the true Intent and meaning thereof. " 25. And whereas complaint has been made to Us by the Merchants of Our City of London in behalf of themselves and of several others of Our good Subjects of Great Britain trading to Our Plantations in Amer ica, that greater Duties and Impositions are laid on their Ships and Goods, than on the Ships and Goods of Persons who are Natives and Inhabitants of the said Plantations; It is therefore Our Will & Pleasure, that you do not, on pain of Our Highest Displeasure give your Assent for the future to any Law, wherein the Natives or Inhabitants of Our Province of New Jersey, under Your Government are put on a more advantageous footing, than those of this Kingdom, or whereby Duties shaU be laid upon British Shipping, or upon the Product or Manufactures of Great Britain upon any Pretence whatsoever. 26. Whereas Acts have been passed in some of Our Plantations in America for laying Duties on the Im portation and exportation of Negroes, to the great Discouragement of the Merchants trading thither from the Coast of Africa ; and whereas Acts have Ukewise been passed for laying Duties on Felons imported, in 1758] administration of president reading. 53 direct Opposition to an Act of ParUament passed in the fourth Year of His late Majesty's Eeign, for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons ; it is Our Pleasure, that you do not give your assent to or pass any Act imposing Duties upon Ne groes imported into the said province under your Gov ernment, payable by the importer, or upon any Slaves exported that have not been sold in the said Province, and contuiued there for the space of twelve Months : It is Our further Will & Pleasure, that you do not give your Assent to or pass any Act whatsoever for imposing Duties on the importation of any Felons from this Kingdom into the province under Your Gov- / ernment. 27. You are Uke-wise to examine, what Eates and Duties are charged and payable upon any Goods im ported or exported within Onr Province of Nova Cses area or New Jersey, whether of the growth or Manu facture of Our said Province or otherwise ; and you are to suppress the engrossing of Commodities, as tend ing to the prejudice of that Freedom which Trade and Commerce ought to have : And to use your best En deavours for the Improvement of Trade in those parts by settling such Orders and Eegulations therein, with the ad-vice of the Council, as may be most acceptable to the generaUty of the Inhabitants ; and to send unto Our Commissioners for Trade and Plantations, in Order to be laid before Us, yearly or oftener as oc casion may require, the best and most particular Ac count of any Laws that have at any time been made. Manufactures set up, or Trade carried on in the prov ince under your Government, which may in any wise affect the Trade and Navigation of this Kingdom. 28. You are to transmit Authentick Copies of all Laws, Statutes and Ordinances that are now made and in Force which have not yet been sent, or which 54 administration of president reading. [1758 at any time hereafter shall be made or enacted within the said province, each of them separately under the PubUck Seal unto Our said Commissioners for Trade and Plantations within three months or by the flrst Opportunity after their being enacted, together with Duplicates thereof by the next Conveyance, upon pain of Our higest Displeasure and of the Forfeiture of that year's Salary, wherein you shaU at any time or upon any pretence whatsoever, omit to send over the said Laws, Statutes and Ordinances, as aforesaid, within the tiine above limited, as also of such other penalty as We shaU please to inflict ; but if it shaU happen, that no shipping shall come from the said Province within three Months after the making such Laws, Statutes and Ordinances, whereby the same may be transmitted, as aforesaid, then the said Laws, Statutes and Ordinances are to be transmitted, as aforesaid, by the next Conveyance after the making thereof, when ever it may happen, for Our Approbation or Disallow ance of the same . 29. And Our further Will & Pleasure is, that the Copies and Duplicates of aU Acts that shaU be trans mitted, as aforesaid, be fairly abstracted in the Margin, and that in every Act there be the several Dates or re spective times when the same passed the Assembly and the Council and receiv'd Your Assent ; and you are to be as particular as may be in your Observations (to be sent to Our Commissioners for Trade and Plant ations) upon every Act, that is to say, whether the same is introductive of a New Law, declaratory of a former Law, or does repeal a law then before in being. And you are Ukewise to send to Our said Comnnssion- ers the reasons for the passing of such law, unless the same do fuUy appear in the preamble of the said Act. 30. You are to require the Secretary of Our said Province or his Deputy for the time being to furnish you with Transcripts of aU such Acts and pubUck 1758] administration of president reading. 55 Orders as shaU be made from time to time, together with a Copy of the Journals of the CouncU; and that aU such transcripts and Copies be fairly abstracted in the Margins, to the end the same may be transmitted to Our Commissioners for Trade and Plantations, as above directed, in Order to be laid before Us; which he is duly to perform upon Pain of incurring the For feiture of his place. 31. You are also to require from the Clerk of the Assembly or other proper Officer transcripts of aU the said Journals, and other proceedings of the said As sembly; and that all such transcripts be fairly ab stracted in the Margins, to the end the same may in Uke manner be transmitted, as aforesaid. 32. Whereas it is necessary that Our Eights and Dues be preserved and recovered, and that speedy and effectual Justice be administred in aU Cases relating to Our Eevenue; you are to take Care that a Court of Exchequer be caUed and do meet at all such times as shaU be needfuU; and you are upon your Arrival to inform us by Our Commissioners for Trade and Plan tations, whether Our Ser-vice may require that a Con stant Court of Exchequer be settled and estabUshed there. 33. You shaU not erect any Court or Office of Judi cature not before erected or estabUshed, nor dissolve any Court or Office akeady erected or estabUsh'd with out Our especial Order. But in regard We have been informed, that there is a great Want of a particular Court for determining of small Causes, you are to recommend it to the Assembly of Our said Province, that a Law be passed, if not already done, for the con stituting such Court or Courts for the Ease of Our Subjects there. 34. And whereas frequent Complaints have been made to Us of great Delays and undue proceedings in the Courts of Justice in several of Our Plantations, 56 administration of president reading. [1758 whereby many of Our Subjects have very much suf fered; and it being of the greatest importance to Our Service and to the Welfare of Our Plantations, that Justice be every where speedily and duly administered, and that all Disorders, Delays and undue Practices in the Administration thereof be effectuaUy prevented; We do particularly require you to take especial Care, that in aU Courts, where you are authorized to pre side. Justice be impartially administered, and that in aU other Courts established within Our said province all Judges and other Persons therein concerned do likewise perform their several duties without any Delay or partiality. 35. You are to take Care that no Man's Life, Mem ber, Freehold or Goods be taken away or harmed in Our said province, otherwise than by estabUshed and Known Laws, not repugnant to, but as much as may be agreeable to, the Laws of this Kingdom. 36. It is Our further Will & Pleasure, that no per sons be sent as Prisoners from this Kingdom, from New Jersey without sufficient Proofs of their Crimes, and that Proof transmitted along with the said Prisoners. 37. You shaU endeavour to get a Law passed (if not aUeady done) for the restraining of any Inhuman Severity, which by ill Masters, or Overseers may be used towards their Christian Servants, and their Slaves; and that Provision be made therein, that the wUffuU kilUug of Indians and negroes may be punish'd -with Death, and that a flt Penalty be imposed for the maiming of them. 38. You are to take Care that all Writs be issued in Our Name throughout Our said Province. 39. Our V/ill & Pleasure is, that you or the Com mander in Chief of Our said province for the time being, do in all civil Causes, on AppUcation being made to you or the Commander in -Chief for the time 1758] administration of president reading. 57 being, for that purpose, permit and aUow Appeals from any of the Courts of common Law in Our said province unto You or the Commander in Chief or the Council of our said Pro-nnce; and you are for that purpose to issue a Writ in the manner which has usuaUy been accustomed, returnable before yourself and the Council of Our said Province, who are to pro ceed to hear and determine such Appeal, wherein such of Our CouncU shaU be at that time Judges of the Court, from whence such Appeal shaU be so made to you Our Captain General or to the Commander in Chief for the time being, and to Our said Council, as aforesaid, shaU not be permitted to vote upon the said Appeal; but they may nevertheless be present at the hearing thereof to give the Eeasons of the Judgement given by them in the Causes wherein such Appeals shaU be made; provided nevertheless that, in all such Appeals, the Sum or Value appealed for, do exceed the Sum of three hundred pounds SterUng, and that Security be first duly given by the Appellant to answer such Charges as shall be awarded, in Case the flrst Sentence be affirmed, and if either party shall not rest satisfyed -with the judgment of you or the Commander in Chief for the time being and Council, as aforesaid. Our Will and Pleasure is, that they may then appeal unto Us in Our privy CouncU, provided the Sum or Value so appealed for unto Us exceed five hundred pounds Sterling, and that such Appeals be made within fourteen days after Sentence, & good Security given by the AppeUant, that he -wiU effectually prosecute the same, and answer the Condemnation, as also pay such Costs and Damages as shall be a-warded by Us, in Case the Sentence of you or the Commander in Chief for the time being and Council be affirmed; provided never theless, where the matter in question relates to the taking or demanding any Duty payable to Us, or to any Fee of Office, or annual Eent or other such Uke 58 administration of president reading. [1758 matter or thing, where the Eights in future may be bound, in all such cases you are to admit an Appeal to Us in Our privy Council, though the immediate Sum or value appealed for be of a less Value; and it is Our further Will & Pleasure, thai in aU cases whereby your Instructions, you are to admit Appeals to Us in. Our privy Council, execution be suspended until the final Determination of such Appeals, unless good and sufficient Security be given by the Appellee to make ample Eestitution of all that the AppeUant shall have lost by means of such judgment or Decree, in case upon the Determination of such Appeal such Decree or Judgment should be reversed, and Eestitution awarded to the Appellant. 40. You are also to permit Appeals to Us in CouncU in aU Cases of Fines imposed for Misdemeanors, pro- -vided the Fines so imposed amount to or exceed the Value of £200 Sterling, the AppeUant first gi-ving good security, that he will effectuaUy prosecute the same, and answer the Condemnation if the Sentence by which such Fine was imposed in Our said pro'vince of New Jersey, shall be confirmed. 41. You shall not appoint any person to be a Judge or Justice of the peace without the Ad-vice and Con sent of at least three of Our Council signified in Coun cil; nor shaU you execute yourself or by Deputy any of the said Offices; And it is Our further Will & Pleas ure, that all Commissions to be granted by you to any person or persons to be Judges, Justices of the Peace, or other necessary Officers be granted during Pleasure only. 42. You shall not displace any of the Judges, Jus tices, Sheriffs or other Officers or Ministers within Our said Province without good and sufficient cause, which you shaU signify in the fullest and most distinct man ner to Our said Commissioners for Trade and Planta tions, in order to be laid before Us, by the first Oppor tunity after such Eemoval. 1758] administration of president reading. 59 43. You shaU not suffer any Person to execute more Offices than one by Deputy. 44. You are, with the Advice and Consent of Our said CouncU, to take especial Care to regulate all Sal aries and Fees belonging to places, or paid upon Emer gencies, that they be within the Bounds of Moderation ; and that no exaction be made on any Occasion whatso ever ; as also that aU Tables of Fees be publickly hung up in aU places where such Fees are to be paid ; and you are to transmit Copies of all such Tables of Fees to our Commissioners for Trade and Plantations, in order to be laid before Us, as aforesaid. 45. Whereas there are several Offices in Our Planta tions, granted under Our great Seal of this Kingdom, and that Our Service may be very much prejudiced by reason of the absence of the Patentees, and by their appointing Deputies not fit to officiate in their stead, you are therefore, upon your Arrival, to inspect such of the said Offices as are in your Government, and to enquire into the Capacity and behaviour of the Persons now exercising them, and to report thereupon to Our Commissioners for Trade and Plantations, what you think fit to be done or altered in relation thereunto ; and you are upon the misbehaviour of any of the said Patentees, or their Deputies, to suspend them from the Execution of their places, till you shaU have repre sented the whole matter and receiv'd Our Directions therein ; and in case of the Death of any such Deputy, It is Our express Will & Pleasure, that you take Care the Person appointed to execute the place, untiU the Patentee can be informed thereof and appoint another Deputy, do give sufficient Security to the Patentee, or in case of Suspension to the person suspended, to be answerable to him for the Profits accruing during such interval by Death or during suspension, in Case we shaU think fit to restore him to his place again. It is nevertheless Our Will & Pleasure, that the person 60 administration of president reading. [1758 executing the place during such Suspension, shall, for his Encouragement receive the same profits as the Person dead or suspended did receive ; And it is Our further WUl & Pleasure that in Case of the Suspension of a Patentee, the person appointed by you to execute the Office, during such Suspension, shaU, for his en couragement, receive a Moiety of the Profits which would otherwise [have] accrued and become due to such patentee, giving Security to such Patentee to be answer able to him for the other Moiety, in case We shaU think fit to restore him to his place again : And it is Our further Will & Pleasure that you do countenance and give aU due encouragement to all Our Patent Of ficers, in the enjoyment of their legal and accustomed Fees, Eights, Priviledges, and Emoluments, according to the true Intent and meaning of their Patents. 46. You shall not, by Colour of any Power or Au thority hereby or otherwise granted or mention'd to be granted unto you, take upon you to give, grant or dispose of any Office or place within Our said Province, which now is or shall be granted under the great Seal of Great Britain or to v/hich any person is or shaU be appointed by Warrant under Our Signet or Sign Man ual, any otherwise than that you may, upon the Va cancy of any such Office or Place, or Suspension of any such Officer by you, as aforesaid, put in any fit person to officiate in the interval, tUl you shaU have represented the matter unto Our Commissioners for Trade and Plantations, in order to be laid before us, as aforesaid, which you are to do by the first Oppor tunity, and untiU the said Office or Place be disposed of by Us, Our Heirs or Successors, under the Great Seal of Great Britain, or untU some Person shaU be appointed thereto under Our Signet or Sign Manual, or that Our further Directions be given therein. 47. And whereas several Complaints have heretofore been by made the Surveyor General and other Officers of 1738] administration of president reading. 61 .Our Customs in Our Plantations in America, that they have been frequently obUged to serve on Juries and personally to appear in Arms, whenever the MiUtia is drawn out, and thereby are much hindred in the Exe cution of their Employments, Our Will and Pleasure is, that you take effectual Care and give the necessary Directions, that the several Officers of Our Customs be excused and exempted from serving on any Juries. 4S. And whereas the Surveyors General of Our Customs in the Plantations are impower'd in case of the Vacancy of any our Offices of the Customs by Death, Eemoval or otherwise, to appoint other Persons to execute such Offices untiU they receive further Di rections from Our Commissioners of Our Treasury, or Our High Treasurer or Commissioners of Our Customs for the time being, but in regard the Districts of the said Surveyors General are very extensive, and that they are required at proper times to visit the Officers in the several Governments under their Inspection, and that it may happen, that some of the Officers of Our Customs in the Province of Nova Cgeisarea or New Jersey, may dye at the time when the Surveyor is absent in some distant part of his District, so tliat he cannot receive Advice of such Officers Death within a reasonable time and thereby make Provision for carry ing on the Ser-vice, by appointing some other Person in the room of such Officer who may happen to die, therefore that there may be no delay given on such Occasion to the Masters of Ships or Merchants in their Dispatches, It is Our further Will & Pleasure, in case of such Absence of the Surveyor General, or if he should happen to die, and in such Cases only, that upon the Death of any CoUector of Our Custoins with in that Our Province, you shall make choice of a Per son of Known Loyalty, Experience, DUigence and FideUty, to be imploy'd in such CoUectors room for the purposes aforesaid, untUl the Surveyor General of Our 62 ADMINISTRATION OF PRESIDENT READING. [1758 Customs shaU be advised thereof, and appoint another to succeed in their places or that further Directions shall be given therein by Our Commissioners of Our Treasury, or Our High Treasurer, or by the Commis sioners of Our Customs for the time being, which shaU be first signified, taking Care that you do not under pretence of this Instruction, interfere with the Powers and Authorities given by the Commissioners of Our Customs to the said Surveyors General, when they are able to put the same in Execution. 49. Wliereas it is convenient for Our Service, that all the Surveyors Gen! of Our Customs in America for the time being should be admitted to sitt and vote in the respective Councils of Our several Islands and Provinces within their Districts as CounciUors extra ordinary, during the time of their Eesidence there. We have therefore thought fit to constitute and ap point, and do hereby constitute and appoint the Sur veyor General of Our Customs for the Northern District and the Surveyor General of Our Customs within the said District for the time being, to be Councillors extra ordinary in Our said Province. And it is Our Will & Pleasure, that he and they be admitted to sit and vote in the said Council, as Councillors extraordinary, dur ing the time of his or their Eesidence there; But it is Our Intention, if thro' length of time the said Survey or General or any other Surveyor General should be come the senior Councillor in Our said Province, that neither he nor they shall by virtue of such Seniority, be ever capable to take upon him or them the Admin istration of the Government there, upon the Death or Absence of Our Captains Gen! or Governors in chief for the time being; but whenever such Death or Ab sence shaU happen, the Government shaU devolve upon the CounciUor next in seniority to the Surveyor Gen eral, unless We should hereafter think it for Our Eoyal Service to nominate the said Surveyor General 1758] ADMINISTRATION OF PRESIDENT READING. 63 or any other of Our said Surveyors General CounciUors in ordinary in any of Our Governments within their Survey, who shaU not in the Case be excluded any Beneflt w-hich attends the Seniority of their Eank in the Council. 50. It is Our further Will & Pleasure, and you are hereby required, by the flrst Opportunity to move the Assembly of Our said Province under your Govern ment, that they provide for the Expence of making Copies for the Surveyor General of Our Customs in the said District for the time being, of aU Acts and Papers which bear any relation to the Duty of his Office; and in the mean time you are to give Orders, that the said Surveyor General for the time being, as aforesaid, be allowed a free Inspection in the pubUck Offices -within your Government of aU such Acts and papers without paying any Pee or reward for the same. 51. You are to transmit unto Our Commissioners for Trade and Plantations, with all convenient speed, in Order to be laid before Us, a particular Account of all Establishments of Jurisdictions, Courts, Offices and Officers, Powers, Authorities, Fees and Privileges, granted or settled or which shaU be granted or settled -within Our said Province, together with an Account of all the Expences attending the Establishments of the said Courts, and of such Funds as are settled and appropriated for discharging such Expences. 52. Our Will and Pleasure is, that for the better quieting the Minds of Our good Subjects Inhabitants of Our said Province, and for settUng the Properties and Possessions of aU Persons concerned therein, either as General Proprietors of the SoU, under the first original Grant of the said Province made by the late King Charles the Second to the late Duke of York, or as particular Purchasers of any Parcels of Land from the general Proprietors, you shall propose to the General Assembly of Our said Province the passing of 64 ADMINISTRATION OF PRESIDENT READING. [l768 such Act or Acts whereby the Eight or Property of the said General Proprietors to the Soil of our said Province may be conflrmed to them according to their respective Eights and Titles together with all such Quit Eents, as have been reserved or are or shall be come due to the said General Proprietors from the In habitants of Our said Province and all such Priviledges as are expressed in the Conveyances, made by the said Duke of York excepting only the Eight of Govern ment which remains in Us, And you are further to take Care that by the said Act or Acts so to be passed the particular Titles and Estates of aU the Inhabitants of that Province and other purchasers, claiming under the said General Proprietors be conflrmed & settled, as of Eight does appertain, under such Obligations as shall tend to the best and speedyest Improvement or Cultivation of the same provided always that you do not Consent to any Act or Acts to lay any Tax upon unprofltable Lands. 53. You shaU not permit any other person or per sons besides the said general Proprietors or Agents to purchase any Lands whatsoever from the Indians within the Limits of their Grants. 54. You are to permit the Surveyors and other Per sons appointed by the forementioned General Proprie tors of the Soil of that Province for surveying and recording the Surveys of Land granted by and held of them to execute accordingly their respective Trusts and you are likewise to permit and if need be aid and assist such other Agent or Agents as shall be ai^pointed by the said Proprietors for that End to collect and receive the Quit Eents which are or shall be due unto them from the particular Possessors of any Parcels or Tracts of Land, from time to time, provided always that such surveyors Agents or other Officers appointed by the said General Proprietors do not only take proper Oaths for the due Execution and performance 1758] ADMINISTRATION OF PRESIDENT READING. 65 of their respective Offices or Employments And give good and sufficient Security for their so doing, but that they Ukewise take the oaths mentioned in the foresaid Act entituled, an Actfor the further Security of His Majesty's Person and Government and the Suc cession ofthe Crown in the Heirs of the late princess Sophia being protestants ajid for the extinguishing the Hopes of the Pretended Prince of Wales and his open and Secret Abettors : as also make and subscribe the Declaration aforesaid and you are more particularly to take Care that aU Lands purchased from the said Proprietors be cultivated and improved by the pos sessors thereof. And you are to take Care that no Fees be exacted or taken by any of the Officers under you, for the Grants of Lands made by the Agents of the Proprietors, which Agents are to deUver over to you in Council DupUcates of aU such Grants to be registred in Our Council Books. 55. Whereas for some Years past the Governors of some of Our Plantations have seized and appropriated to their own use the produce of Whales of several kinds taken upon those Coasts upon pretence that Whales are Eoyal Fishes, which tends greatly to dis courage this Branch of Fishery in Our Plantations and prevent Persons from settling there, it is therefore Our WiU & Pleasure that you do not pretend to any such Claim nor give any manner of discouragement to the flshery of Our Subjects upon the Coast of the Province under your Government but on the Contrary that you give aU possible Encouragement thereto. 56. You shall not remit any flues or Forfeitures whatsoever above the Sum of ten pounds, nor dispose of any Forfeitures whatsoever, until upon signifying unto Our Commissioners of Our Treasury or Our High Treasurer for the [time ? ] being, and to Our Commis- missioners for Trade and Plantations the Nature of the Offence, and the Occasion of such Fines and Forfei- 5 66 ADMINtStRATION OF PRESIDENT EEADING. [1758 tures -with the particular Sums or Value thereof (which you are to do with all speed) you shall have receiv'd Om- Directions therein, but you may in the mean time suspend the payment of the said Fines and Forfeitures. 57. Whereas We have thought it necessary for Our Service to constitute and appoint a Eeceiver General of the Eights and Perquisites of the Admiralty. It is therefore Our Will & Pleasure that you be aiding and assisting to the said Eeceiver General; his Deputy or Deputies in the Execution of the said Office of Eeceiver General; And we do hereby require and enjoin you to make up your Accounts with him, his Deputy or Deputies of all Eights of Admiralty as you or your Officers have or shall or may receive, and to pay over to the said Eeceiver General, his Deputy or Deputies for Our Use all such Sum or Sums of Money, as shall appear upon the foot of such Accounts to be and remain in your hands, or in the Hands of any of your Officers; And whereas Our said Eeceiver General is directed, in case the Parties Chargeable with any part of such Our Eevenue, refuse, neglect or delay payment thereof, by himself or sufficient Deputy to apply to Our Governors, Judges, Attornies General or any other Our Officers or Magistrates to be aiding and assisting to him in recovering the same; it is therefore Our Will & Pleasure that you Our Governor, Our Judges, Our Attornies General and all other Our Officers whom the same may concern, do use all lawfuU Authority for the recovering and levying thereof. 58. You are to permit a Liberty of Conscience to all Persons (except Papists) so they be contented with a quiet and peaceable enjoyment of the same, not giving Offence or Scandal to the Government. 59. You shall take especial Care that God Almighty be devoutly and duly served throughout your Govern ment, the Book of Common Prayer as by Law estab lished, read each Sund.iy and Holy day and the blessed 1758] ADMINISTRATION OF PRESIDENT EEADING. 67 Sacrament administred according to the Eites of the Church of England. 60, You shaU be carefuU that the Churches aUeady buUt there be weU and orderly Kept, and that more be built, as the province shaU by God's blessing be im proved, and that besides a competent Maintenance to be assign'd to the Minister of each orthodox Church, a Convenient house be buUt at the common Charge for each Minister and a competent proportion of Land assigned to him for a Glebe and Exercise of His Indus try, and you are to take Care that the parishes be bounded and settled as you shaU flnd most convenient for the accompUshing this good Work. 61. You are not to prefer any Minister to any Eccle siastical Benefice in that Our pro-vince without a Cer- tfficate from the Eight Eeverend Father in God the Lord Bishop of London of his being conformable to the Doctrine and Discipline of the Church of England and of a good Life and Conversation, and if any person already preferr'd to a Benefice shaU appear to you to give Scandaleither by his Docrine or Manners you are to use the proper and usual means for the removal of him. 62. You are to give order that every Orthodox minister within your Government be one of the Vestry in his respective parish, and that no vestry be held without him except m Case of Sickness, or that after Notice of a Vestry summon'd he omit to Come. 63. You are to enquire whether there be any Minis ter within your Government who preaches and admin isters the Sacrament in any Orthodox Church or Chapel -^^ithout being in due Orders & to give account thereof to the said Lord Bishop of London. 64. And to the End the Ecclesiastical Jurisdiction of the said Lord Bishop of London may take place in Our said Province so far as conveniently may be. We do think fit that you give all Countenance & En- 68 ADMINISTRATION OF PRESIDENT R-BADING. [1758 couragement to the Exercise of the Same, except only the CoUating to Benefices, Granting Licences for mar riages, and probate of WiUs, which we have reserved to you Our Governor and the Commissioner in Chief of Our said province for the time being. 65. We do further direct that no Schoolmaster be henceforth permitted to come from England and to keep School in the said province -without the Licence of-the said Bishop of London, and that no other person now there or that shaU come from other parts, shaU be admitted to keep School in that Our said province of New Jersey, without your Licence first obtained. 66. And you are to take especial Care, that a Table of Marriages established by the Canons of the Church of England be hung up in every Orthodox Church and duly observed And you are to endeavor to get a Law passed in the Assembly of Our said Province (if not already done) for the strict Observation of the said Table. 67. The Eight Eeverend Father in God Edmund late Lord Bishop of London having presented a per tition to his late Majesty Our Eoyal Father, humbly beseeching him to send Instructions to the Governors of all the several plantations in America, that they cause aU Laws already made against BlaspUemy, pro- phaneness, Adultry, Fornication, Polygamy, Incest, prophanation of the Lord's day. Swearing and Drunk- eness in their respective Governments to be -vigour- ously executed. And We thinking it highly just that aU persons, who shaU offend in any of the particulars aforesaid, should be prosecuted and punished for their said Offences. It is therefore Our Will and Pleasure, that you take due Care for the punishment of the fore- mentioned Vices, and that you earnestly recommend it to the Assembly of New Jersey to provide effectual Laws for the Eestraint and punishment of all such of the aforementioned Vices against which no Laws are 1758] ADMINISTRATION OF PRESIDENT READING. 69 as yet provided, and also you are to use your Endeav ors to render the Laws in being more effectual by pro viding for the punishment of the aforementioned Vices by presentment upon Oath to be made to the temporal Courts by the Church Wardens of the seve ral parishes, at proper times of the year to be appoint ed for that Purpose. And for the further discourage ment of vice and Encouragement of Virtue and good Living (that by such Example the Infidels may be invited and desire to embrace the Christian Eeligion) you are not to admit any person to pubUck Trusts and Employments in the said Province under your Gov ernment whose Ul Fame and Conversation may occa sion Scandal. And it is Our further Will and Pleas ure that you recommend to the Assembly to enter upon proper Methods for the erecting and maintain ing of Schools, in Order to the training up of Youth to Eeading and to a necessary Knowledge of the prin cipals of EeUgion, and you are also with the Assist ance of the CouncU and Assembly to find out the best means to facUitate and encourage the Convesion of Negroes and Indians to the Christian Eeligion. 68. You shaU send unto Our Commissioners for Trade and Plantations by the first Conveyance in order to be laid before us, an Account of the present Num ber of Planters and Inhabitants, Men, Women, and Children, as well Masters as Servants free and unfree and of the Slaves in Our said province as also an yearly Account of the increase or decrease of them and how many of them are fit to bear Arms in the Militia of Our said province. You shaU also cause an exact Account to be kept of all Persons born and christned and buried, and you shaU yearly send fair Abstracts thereof to Our Commissioners for Trade and Plantations as aforesaid. 69. And We do further expressly command and require you to give unto Our Commissioners for Trade 70 ADMINISTRATION OF PRESIDENT READING. [1758 & plantations once in every year the best Account you can procure of what number of Negroes Our said province is yearly supplied -with. 70. ' You shaU take Care that aU planters and Chris tian Servants be VN^ell and fitly provided with Arms and that they Usted under good Officers and when and as often as shaU be thought fit mustred and trained whereby they may be in a better readyness for the defence of Our said province under your Government. 71. You are to take especial care that neither the frequency nor unreasonableness of their Marches, Musters, and trainings be an unnecessary Impediment to the affairs of the Inhabitants. 72. You shall not upon any Occasion whatsoever establish or put in Execution any Articles of War or other Law Martial upon any of Our Subjects, Inhabi tants of Our said province without the Ad-vice and Consent of Our Council there. 73. And whereas there is no Power given you by your Commission to execute Martial Law in time of Peace upon Soldiers in pay and that nevertheless it may be necessary that some Care be taken for the keeping good Discipline amongst those that We may at any time think fit to send into Our said province (which may properly be provided for by the legislative power of the same) you are therefore to recommend to the general Assembly of Our said province that they prepare such Act or Law for the punishing of Mutiny, Desertion and false Musters and for the better pre serving of good Discipline amongst the said Soldiers, as may best answer those Ends. 74. You are to encourage the Indians upon all Occa sions so as to induce them to trade with Our Subjects rather than any others of Europe. 75. And for the greater Security of Our province of New Jersey you^are to appoint fit Officers and Com manders in the several parts of the Country bordering 1758] ADMINISTRATION OF PRESIDENT READING. 71 upon the Indians who upon any Invasion may raise Men and Arms to oppose them tiU they shaU receive your Directions therein. 76. And whereas you will receive from Our Com missioners for Executing the Office of High AdmUal of Great Britain and of Our plantations a Commission of Vice Admiralty of Our said province of New Jersey, You are hereby requUed and directed carefully to put in execution the several powers thereby granted you. 77. And there having been great Irregularities in the Manner of granting Commissions in the planta tions to private Ships of War, You are to govern yourself whenever there shall be occasion according to the Commissions and Instructions granted in this Kingdom, Copies whereof wiU herewith be delivered you. But you are not to grant Commissions of Mar que or Eeprizal against any Prince or State or their Subjects, in Amity with us to any Person whatsoever without Our Especial Command, and you are to oblige the Commanders of aU Ships having private Commis sions to wear no other Colours than such as ai-e de scribed in Our Order of Council of the 7'!" of Jan7 1730 in relation to Colours to be worn by aU Ships and Ves sels except Our own Ships of AYar. A Copy of which Order wiU be herewith be delivered to you. 78. Whereas we have been informed that during the time of War Our Enemies have frequently got InteUi gence of the State of Our plantations by letters from private persons to their Correspondents in Great Britain taken on Board Ships coming from the planta tions, which may be of dangerous Consequence if not prevented for the future. Our Will and Pleasure is, that you signify to all Merchants, planters and others that they be very Cautious in time of War, in giving any Account by Letters of the publick State and Con dition of Our said province of New Jersey, aud you are further to give Directions to all Masters of Ships 72 ADMINISTRATION OF PRESIDENT READING. [1758 or other parsons to whom you may intrust your Let ters, that they put such Letters in a Bag with a suffi cient Weight to sink the same immediately, in Case of imminent danger from the Enemy. And you are also to let the Merchants and planters know how greatly it is for their Interest that their Letters should not fall into the Hands of the Enemy, and therefore that they should give the like Orders to the Masters of Ships in relation to their Letters. And you are further to ad vise all Masters of Ships that they do sink all Letters in Case of Danger in the manner before mentioned. 79. A7id whereas the Merchants and planters in America have in time of War corresponded and traded with Our Enemies and carried InteUigence to them, to the great prejudice and Hazard of the EngUsh planta tions. You are therefore by all possible Methods to endeavour to hinder aU such trade and Correspondence in time of War. 80. And whereas Commissions have been granted unto several persons in Our respective plantations in America, for the trying of pirates in those parts pur suant to the Acts for the more effectual Suppression of Piracy, and by a Commission already sent to Our province of New Jersey, you as Captain General and Governor in Chief of Our said province are impowered together -with others mentioned, to proceed accordingly in reference to Our said province. Our Will & Pleas ure is, that in all matters relating to pirates, you gov ern yourself according to the Intent of the Acts & Commission aforementioned. 81. V/hereas it is absolutely necessary, that we be exactly informed of the State of Defence of aU Our plantations in America, as well in relation to the Stores of War that are in each plantation, as to the forts and Fortifications there, and what more may be necessary to be built for the Defence and Security of the same. You are so soon as possible to prepare an Account ^ 1758] ADMINISTRATION OF PRESIDENT READING. 73 thereof with relation to Our said province of Nova Caesarea or New Jersey in the most particular manner, and you are therein to express the present State of the Arms, Ammunition and other Stores of War belonging to the province either in any publick Magazines or in the hands of private persons together with the State of all places either already fortified or that you. judge necessary to be fortifyed for the Security of Our said province, and you are to transmit the said Accounts to Our Commissioners for Trade and plantations, in order ,to be laid before us, as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance, which Accounts are to express the particulars of Ord nance, Carriages, BaU, Powder, and all other sorts of Arms and Ammunition in Our publick Stores at your said Arrival, and so from time to time of what shall be sent to you b bought with publick Money and to specify the time of the Disposal and the occasion thereof and other Uke Accounts half yearly in the same manner. 82. Whereas divers Acts have from time to time been passed in several of Our Colonies in America im posing a Duty of powder on every Vessel that enters and clears in the said Colonies, which has been of great Service in furnishing the Magazines with powder for the Defence of Our said Colonies in time of Danger: it is Our Express Will & Pleasure, and you are hereby required and directed to recommend to the Assembly of New Jersey to pass a Law for Collecting a powder Duty, and that the Law for that purpose be made per petual, that a certain time in the said Act, npt exceed ing twelve months, be allowed for giving Notice thereof to the several masters of Vessels trading to New Jersey, and that for the more ample Notification thereof, a proclamation be also published in your said Government declaring that from and after the Expira tion of the time Umited by the said Act for such 74 ADMINISTRATION OF PRESIDENT READING. [1758 Notice, no Commutation shaU be allow'd of but upon evident Necessity, which may some time happen, whereof you or Our Commander in Chief for the time being are to be the Judge ; in which Case the said Master shall pay the full price Gunpowder seUs for there, and the monies so collected shall be laid out as soon as may be in the purchase of Gunpowder ; and you are also to transmit every six months to Our Com missioners for Trade and Plantations, an Account of the particular Quantities of Gunpowder coUected under the said Act in your Government ; and Ukewise a , Duplicate thereof to the Master General or principal Officers of Our Ordnance. 83. You are to take especial Care, that flt Store houses be settled throughout Our said province for re cei-ving and keeping of Arms, Ammunition, and other pubUck Stores. 84. And ill Case of any distress of any of Our plant ations, you shall upon AppUcation of the respective Governors to you, assist them with what Aid the Con dition and safety of your Government wiU permit ; and more particularly in Case Our province of New York be at any time attacked by an Enemy, the As sistance you are to contribute towards the Defence thereof, whether in Men or Money, is to be according to the Quota or Eepartition which has already been signified to the Inhabitants of Our foresaid pro-raice under your Government, or according to such other Eegulation as We shaU hereafter make in that behalf, and shall signify to you or the Commander in Chiefof Our said province for the time being. 85. You shall transmit unto Our Commissioners for Trade and plantations, by the first Opportunity, to be laid before us, a Map with the exact Description of Our whole Territory under your Government, and of the several plantations that are upon it. 86. You are from time to time to give an Account, as before directed, what Strength your bordering 1758] ADMINISTRATION OF PRESIDENT EEADING. 75 Neighbours have, be the Indians or others, by Sea & Land & of the Condition of their plantations, & what Correspondence you do keep with them. 87. Yom are likewise from time to time to give unto Our Commissioners for Trade and Plantations, as aforesaid, in order to be laid before us, an Account of the Wants and Defects of Our said province ; what are the Chief Products thereof, what new improvements are made therein by the Industry of the Inhabitants or planters ; and what further Improvements you con ceive may be made, or Advantages gained by trade, and in what manner We may best Advance the same. 88. If any thing shall happen that may be of Advantage and Security to Our said province, which is not herein or by Our Commission provided for. We do hereby allow unto you, -with the Advice and Con sent of Our Council, to take order for the present therein, giving unto Our Commissioners for Trade and plantations speedy notice thereof, in order to be laid before Us, that so you may receive Our Eatifica- tion, ff We shaU approve of the same, pro-vided always that you do not by Colour of any power or Authority given you, commence or declare War without Our Knowledge and particular Commands therein, except it be against Indians upon Emergencies, wherein the Consent of Our Council shaU be had and speedy Notice given thereof unto Our Commissioners for Trade and plantations in Order to be laid before Us. 89. A7id whereas great Prejudice may happen to Our Service and the Security of Our said province under your Government by your Absence from those parts, you are not upon any pretence whatsoever, to come to Europe from your Government, without first having obtained leave for so doing under Our Signet and Sign Manual, or by Our Order in Our privy Council. 90. And whereas We have been pleased by Our Com mission to direct, m. Case of your Death or Absence 76 ADMINISTRATION OF PRESIDENT READING. [1758 from our said province, and in Case there be at that time no person upon the place commissioned or ap pointed by Us, to be Our Lieutenant Governor or Commander in Chief, the eldest CounciUor whose name is first placed in these Instructions to you, and who shaU be at the time of your Death or Absence residing within our said province, shaU take upon him the Administration of the Govemment and execute Our said Commission and Instructions and the several powers and Authorities therein contained, in the man ner therein directed; It is nevertheless Our express Will and Pleasure, that in such Case the said eldest Councillor, or President shall forbear to pass any Act or Acts such as shall be immediately necessary for the peace and Wellfare of Our said province -without Our particular Order for that purpose, and that he shall not take upon him to disolve the Assembly then ia being, nor to remove or suspend any of the Members of Our said Council nor any Judges, Justices of the peace or other Officers civil or military without uhe Advice or Consent of at least seven of the Council, and Our said President is to transmit to Our Commissioners for Trade and Plantations by the first Opportunity, the reasons of such Alterations, signed by himself and Our CouncU, in order to be laid before Us. 91. A7id whereas We are wiUing in the best manner to provide for the support of the Government of Our said Province by setting a part sufficient Allowances to such as shall be Our Governor, Lieutenant Gover nor, Commander iu Chief or President of Our Council, residing for the time being within the same ; Our WiU & Pleasure therefore is, that when it shall happen that you shall be absent from the Territory of New Jersey of which We have appointed you Governor one full moity of the Salary and of all perquisites and Emoluments whatsoever which would otherwise be come due, unto you, shaU during the time of your Absence, from the said Territory be paid and satisfyed 1758] ADMINISTRATION OF PRESIDENT EEADING. 77 unto such Governor, Lieutenant Governor, Com mander in Chief or President of Our CouncU, who shall be resident upon the place for the time being, which We do hereby order and allot unto him, towards his ^maintenance, and for the better support of the Dignity of that Our Government. 92. And you are upon all Occasions to send unto Our Commissioners for Trade and plantations only, a particular Account of aU your proceedings and of the Condition of Affairs -within your Government, in order to be laid before Us, provided nevertheless when ever any Occurrence shaU happen within your Gov ernment of such a Nature and importance as may require Our more immediate Direction by one of Our principal Secretaries of State, and also upon all Occa sions & in all Affairs wherein you may receive Our Orders by one of the principal Secretaries of State, you shall in aU such Cases transmit to the Secretary of State only, an Account of aU such Occurences & of your proceedings relative to such Orders. Orders & Instructions to Our Trusty and Welbeloved Francis Bernard Esqf Our Cap tain General & Governor in Chief in and over Our province of Nova Ceesarea or New Jersey in. Ainerica in pursuance of several Laws relating to the Trade and Navigation of this Our Kingdom of Great Britain and Our Colonies and Plantations in America given at Our Court at S- James's the day of 1758 in the thirty first Year of Our Eeign. 1'-' You shaU inform yourself of the principal Laws relating to the Plantation Trade. [Then foUows in the original document the titles of numerous navigation 78 ADMINISTRATION OF PRESIDENT READING. [1758 acts, covering several pages, which it was thought unnecessary to reproduce.] An Act for encouraging and increasing of Shipping and Navigation; made in the 12"' Year of the Eeign of King Charles the Second; An Act for preventing frauds and regulating Abuses in the Customs; made in the 13"' & 14"' Years of the said King's Eeign, An Act for the Encouragement of Trade made in the 15"" Year of the said King's Eeign; An Act to prevent planting of Tobacco in England; and for regulating the Plantation Trade, made in the 22 & 23'' Years of the said King's Eeign; an Act for the Encouragement of the Green land and Eastland Trades, and better securing the plantation Trade; made in the 25"' Year of the said King's Eeign; An Act for preventing Frauds and regu lating Abuses in the plantation Trade; made in the 7"" & 8'" Years of the Eeign of King WiUiam the 3'^; An Act for the encrease and encouragement of Seamen; made in the same Years of the said King's Eeign; An Act to enforce the Act for the increase and Encourage ment of Seamen; made in the eighth year of the said King's Eeign; an Act for raising a Sum not exceeding two Millions &c. and for settling the Trade to the East Indies; made in the 9"" & 10"' Years of the said King's Eeign; an Act, to prevent the Exportation of WooU out of Ireland and England into Foreign parts and for the Encouragement of the Woolen Manufacture in the Kingdom of England; made in the 10'" & 1 1"' Years of the said King's Eeign; An Act to encourage the Trade to Newfoundland; made in the same Years of the said King's Eeign; An Act for the more effectual Suppression of piracy; made in the 11"' & 12'" Years of the said King's Eeign; an Act to punish Governors of plantations in this Kingdom for Crimes by them committed in the plantations; made in the same years of the said King's Eeign; An Act for granting a fur ther subsidy on Wines and Merchandizes imported; 1758] ADMINISTRATION OF PRESIDENT READING. 79 made in the 2^ & 4"' Years of the Eeign of Queen Anne; An Act to permit the Exportation of Irish Linen Cloth to the plantations, &c. made in the same Years of the said Queen's Eeign; An Act for encour aging the Importation of Naval Stores from Her Maj ¦ esty's plantations in America; made in the same Years of the said Queen's Eeign; An Act for an union of the two Kingdom's of England & Scotland; made in the fifth year of the said Queen's Eeign; An Act for ascer taining the rates of foreign Coins in Her Majesty's plantations in America; made in the Sixth Year of said Queen's Eeign; An Act for the Encouragement of the trade to America, made in the same Year of the said Queen's Eeign; An Act for continuing several Impositions &c, and to limit a time for prosecution upon certain Bonds caUed in the Act plantation Bonds, made in the eighth year of the said Queen's Eeign; an Act for the Encouragement of the Trade to America; made in the 9'" Year of the said Queen's Eeign; an Act for the EeUef of Merchants importing prize Goods, from America, made in the tenth Year of the said Queen's Eeign; An Act for the further preventing Eobbery, Burglary, and other Felonies &c. and for de claring the Law upon some points relating to Pirates; made in the 4'" Year of His late Majesty Our Eoyal Father's Eeign; An Act against clandestine running of uncustomed Goods and for the more efl'ectual pre venting of Frauds relating to the Customs; made in the fifth Year of his said late Majesty's Eeign; an Act for the better securing the Lawful Trade of His Maj esty's Subjects to and from the East Indies, and for the more effectual preventing all His Majesty's Sub jects tradmg thither under Foreign Commissions, made in the same Year of His said late Majesty's Eeign; an Act for the further preventing His Majesty's Subjects from trading to the East Indies under Foreign Commissions and for encouraging and further securing 80 ADMINISTRATION OF PRESIDENT READING. [1758 the^'lawful Trade thereto; made in the seventh Year of His said late Majesty's Eeign, An Act for giving further Encouragement for the Importation of Naval Stores; and for other purposes therein mentioned; made in the eighth year of His said late Majesty's Eeign; An Act for encouragement of the Silk Manu factures of this Kingdom, &c. and for Importations of all Furrs of the product of the British plantations into this Kingdom only &c. made in the same Year of His said late Majesty's Eeign; An Act to prevent the Clandestine Eunning of Goods &c. and to Subject Copper Ore of the Production of the British planta tions to such Eegulations as other enumerated Com modities of the like production are subject to, made in the same Year of His said late Majesty's Eeign; an Act for the more effectual Suppression of piracy, made in the same Year of His said late Majesty's Eeign; an Act for encouraging the Greenland fishery, made in the tenth year of His said.late Majesty's Eeign; An Act for repealing the Duties laid upon Snuff, &c. and for giving a further Encouragement to the Green land Fishery, made in the twelfth year of His said late Majesty's Eeign; An Act to revive the Laws therein mentioned &c. for making Copper Ore of the British Plantations an enumerated Commodity, for making perpetual an Act therein mentioned for Suppression of Piracy &c. made in the second year of Our Eeign; an Act for the better preservation of His Majesty's Woods in America; and for the importation of Naval Stores from thence, &c. made in the same year of Our Eeign; An Act for reducing the Annuity or Fund of the united East India Company and for ascertaining their Eight of Trade to the East Indies; made in the same year of Our Eeign; an Act for importing from His Majesty's Plantations in America directly into Ireland Goods not enumerated in any Act of ParUament, made in the fourth year of Our Eeign; An Act for granting 1758] ADMINISTRATION OF PRESIDENT READING. 81 an AUowance upon the Exportation of British made Gunpowder; made in the same year of Our Eeign; an Act for fm^ther encouraguig the Manufacture of British SaU Cloth by taking off the Duties and Drawbacks therein mentioned, and aUowing an additional Bounty &c. made in the same year of Our Eeign; An Act for the more easy Eecovery of Debts in His Majesty's Plantations and Colonies in America, made in the same year of Our Eeign; an 'Act to prevent the Exportation of Hats out of any of His Majesty's Colonies or Plan tations in America; and to restrain the number of Apprentices taken by Hat Makers in the said Colonies or Plantations; and for the better encour aging the making Hats in Great Britain; made in the same year of Our Eeign; an Act for encourag ing the Greenland Fishery; made in the same year of Our Eeign; an Act for reviving an Act, made in the fifth year of the Eeign of His late Majesty King George the first, for better securing the lawful trade of His Majesty's Subjects to and from the East Indies &c. made in the same year of Our Eeign; An Act for the further encouragement of the Whale flshery; made in the sixth year of Our Eeign; An Act for encouraging and regulating the Manufacture of British Sail Cloth &c? made in the ninth year of Our Eeign ; an Act for laying a Duty upon Apples imported and for continuing an Act passed in the 4"' year of Our Eeign for granting an AUowance upon the Ex portation of British made Gunpowder, and for taking off the Drawback upon the Exportation of Foreign Paper and for the better securing the Payment of the Bounty on the Exportation of British made Sail Cloth; made in the 10'" year of Our Eeign; An Act to con tinue to several Acts therein mentioned, one for en couraging the Growth of Coffee in His Majesty's plantations in America, and the other for the better securing and encouraging the Trade of His Majesty's 6 82 ADMlNISTRAtaON OF PRESIDENT READING. [I'lb'S Colonies in America; made in the 11 year of Our Eeign: An Act. for taking off the duties upon woolen and Bay Yarn imported from Ireland to England and for the more effectual preventing the Exportation of Wool from Great Britain and of Wool manufactured from Ireland to foreign parts, made in the 12'" year of Our Eeign; An Act for granting a Liberty to carry Sugars of the growth produce or manufacture of any of His Majesty's Sugar Colonies in America from the said Colonies directly to foreign parts in Ships buUt in Great Britain and navigated according to Law; made in the same year of Our Eeign ; an Act to rectify a Mistake in an Act made in the 6'" year of the Eeign of His late Majesty King George the flrst for preventing frauds &c, to obviate a doubt which had arisen upon An Act made in the 7'" year of His said late Majesty's Eeign for the further preventing His Majesty's Sub jects from trading to the East Indies under foreign Commissions &c. made in the same year of Our Eeign ; an Act to continue several Laws therein mentioned &C?' and for better Securing the Lawfull Trade of His Majesty's Subjects to and from the East Indies &c. made in the same year of Our Eeign; an Act for the better Supply of Mariners and Seamen to serve in His Majesty's Ships of War and on board Merchants Ships and other trading Ships and Priva teers, made in the 13th Year of Our Eeign; an Act for the more effectual Securing and encouraging the Trade of His Majesty's British Subjects to America, and for the Encouragement of Seamen to enter into His Majesty's Service; made in the same Year of Our Eeign, an Act for continuing the several Laws therein mentioned relating to the premiums upon the Impor tation of Masts, Yards and Bowsprits, Tar, Pitch and Turpentine, to british made Sail Cloth and the Duties payable on foreign made Sail Cloth, to the Greenland and to the Whale Fishery and for granting a further 1758] ADMINISTRATION OF PRESIDENT EEADING. 83 Bounty, &c. &c. made in the same yearof Our Eeign; an Act for naturaUzing such foreign protestants and others therein mentioned as are settled or shaU settle in any of His Majesty's Colonies, in America, made in the same Year of Our Eeign; an Act for restraining and preventing several unwarrantable Schemes and undertakings in .His Majesty's Colonies and plantations in America, made in the fourteenth Year of Our Eeign ; an Act for the Encouragement and increase of Seamen and for the better and spedier Manning His Majesty's Fleets; made in the same Year of Our Eeign; an Act to revive several Acts, &c. &c. and for extending the Liberty given by the Act of the 12'" Year of the Eeign of His present Majesty for car rying Sugar of the growth of the British Sugar Colo nies in America &c. to Ships belonging to any of His Majesty's Subjects residing in Great Britain, and navi gated according to Law &c. &c. made inthe 15'" Year' of Our Eeign; an Act for further regulating the Plan tation trade &c'^ made in the same Year of Our Eeign; an Act to continue several Laws for the Encourage ment of the making of Sail Cloth in Great Britain, made in the same Year of Our Eeign; an Apt for con tinuing several Laws relating to the Exportation of British made Gunpowder to the Importation of NavaU Stores from the British Colonies in America &c. made in the 16'" Year of Our Eeign; an Act to continue the several Laws therein mentioned for preventing Theft and Eapine &c^ and for granting a Liberty to carry Sugars of the Growth, Produce or Manufacture of any of His Majesty's Sugar Colonies in America from the said Colonies directly to Foreign parts &c. mde in the 17'" Year of Our Eeign, An Act for the better Encour- ment of Seamen in His Majesty's Service and Priva teers to annoy the Eneniy made in the same Year of Our Eeign; An Act for giving a publick Eeward to such Person or Persons His Majesty's Subject or Sub- 84 ADMINISTEATION OF PEESIDEN* EEAi)ING. [17S8 jects, as shall discover a North West passage thro' Hudson's Streights to the Western and Southern Ocean of America, made in the 18'" Year of Our Reign; an Act to amend an Act made in the 11'" Year of the Eeign of King WiUiam the ThUd, entituled an Act for the more effectual Suppression of Piracy, made in the same Year of Our Eeign; an Act to continue two Acts of ParUament, one for encouraging the Growth of Coffee in His Majesty's plantations in America, and the other for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America, made in the 19'" Year of Our Eeign; an ,Act for the more effectual securing the Duties now payable on foreign made Sail Cloth imported into this Kingdom and for charging all foreign made Sails with a Duty and for explaining a doubt concerning Ships be obliged at their flrst setting out to Sea to be furnished with one compleat Set of SaUs made of British Sail Cloth, made in the same Year of Our Eeign; an Act for the better encouragement of the Trade of His Majesty's Sugar Colonies in America, made in the same Year of Our Eeign; an Act for the better securing the payment of Shares of prizes taken from the Enemy to the Eoyal Hospital at Greenwich and for preventing the Embezzlement of Goods and Stores belonging to the said Hospital, made in the 20'" Year of Our Reign; an Act to extend the pro-vision of an Act made in the 13'" Year of His present Majesty's Eeign intituled an Act for Naturalizing such Foreign Protestants and others therein mentioned as are settled or shaU Settle in any of His Majesty's Colonies in America, to for eign protestants who conscientiously scruple the taking of an Oath, made in the same Year of Our Eeign ; an Act to continue several Laws' for prohibit ing the Importation of Books reprinted abroad (See? and for better securing the lawfuU Trade of His Majesty's Subjects to and from the East Indies &c. made in the 1758] ADMINISTRATION OF PRESIDENT READING. 85 same Year of Our Eeign ; an Aet to continue several Laws relating to the Manufactures of SaU Cloth an SUk and to give further time for the payment of Duties omitted to be paid for the Indentures or Con tracts of Clerks and Apprentices, &c. &c made in the sarae Year of Our Eeign ; An Act to continue several Laws &c. relating to Eice, to Frauds in the Customs &c? and to Copper Ore of the British plantations (fee" made in the same Year of Our Eeign ; an Act for further regulating the proceedings upon Courts Martial in the Sea Service ; and for extending the DiscipUne of the Navy to the Crews of His Majesty's Ships -wrecked, lost or taken, and for continuing to them their Wages upon certain Conditions, made in the 21" Year of Our Eeign ; an Act for permitting tea to be exported to Ireland and His Majesty's plantations in America, without paying the Inland Duties charged thereupon by an Act of the 18*!" Year of His present Majesty's Eeign &c? made in the same Year of Our Reign, an Act for encouraging the making of Indico in the British plantations in America, made in the same Year of Our Eeign ; an Abt to continue and amend several Laws for the relief of Debtors &c.'' and to rectify a Mistake in an Act passed in the last Session of ParUament for continuing several Laws therein mentioned (fee? made in the same Year of Our Reign ; an Act for encouraging the people known by the name of Unitas fratrum or united Brethren, to settle in His Majesty's Colonies in America, made in the 2-2'' Year of Our Eeign ; an Act for amending, explaining & re ducing into one Act of parliament the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea, made in the same Year of Our Eeign ; an Act for the further Encouragement and Enlarge ment of the Whale Fishery, and for continuing such Laws as are therein mentioned relating thereto, and for the Naturalization of such foreign Protestants as 86 ADMINISTRATION OF PRESIDENT READING. [1758 shall serve for the time therein mentioned on board such Ships as shaU be fitted out for the said Fishery, made in the same year of Our Eeign ; an Act for en couraging the Growth and Culture of Eaw Silk in His Majesty's Colonies or plantations in America, made in the 23'' Year of Our Eeign ; an Act to Encourage the Importation of Pig & Bar Iron from His Majesty's Colonies in America, and to prevent the Erection of any MiU or other Engine for slitting or rolling of Iron ; or any plateing Forge to work with a Tilt Haramer, or any Furnace for making steel in any of the said Col onies, made in the same year of Our Eeign ; an Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use, made in the 24'" Year of Our Eeign ; An Act for the more effectual securing the Duties upon Tobacco made in the same Year of Our Eeign ; an Act for encouraging the mak ing of Pott Ashes and pearl Ashes in the British plant ations in America, made in the same Year of Our Eeign ; an Act for continuing several Laws therein mentioned relating to the proemiums upon the Im portation of Masts, Yards and Bowsprits, Tar, Pitch and Turpentine, to British made Sail Cloth and the Duties payable upon foreign Sail Cloth, and to the Al lowance upon the Exportation of British made Gun powder, made in the same Year of Our Eeign ; an Act to continue several Laws therein mentioned and for granting a Liberty to carry Sugars of the Growth, produce or Manufacture of Any of His Majesty's Sugar Colonies in America from tlie said Colonies directly in to foreign parts in Ships built in Great Britain and navigated according to Law &c. &c, made in the same year of Our Eeign ; an Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning real Es tates in that part of Great Britain caUed England, and in His Majestys Colonies and plantations in America, 1758] ADMINISTRATION OF PRESIDENT READING. 87 made in the 25'" year of Our Eeign ; an Act to restrain the making Insurances on Foreign Ships, bound to or from the East Indies, made in the same year of Our Eeign ; an .^ct to amend an Act made in the last Session of Parliament entituled an Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use ; made in the same Year of Our Eeign ; An Act for continuing the Act for the encour aging the Growth of Coffee in His Majesty's planta tions in America ; and also for continuing under cer tain Eegulations so much of an Act as relates to the proemiums upon the Importation of Masts, Yards, and Bowsprits, Tar, pitch and Turpentine, made in the' same year of Our Eeign ; An Act for continuing sev eral Laws relating to the punishment of persons going armed or disguised in Defiance of the Laws of Custom or Excise, (fee. Scc. and for encouraging the Trade of the Sugar Colonies in America, (fee. (fee. made in the 26'" Year of Our Eeign ; all which Laws you will here with receive and you shall take a solemn Oath to do your utmost that all the Clauses, Matters and things contained in the before recited Acts and in all other Acts of Parliament now in force or that hereafter shall be made relating to Our Colonies or plantations be punctuaUy and bona fide observed according to the true Intent and meaning thereof. 2'' And as by the aforesaid Act made made in the seventh and eighth years of King William the third the Officers appointed for performance of certain things mentioned in the aforesaid Act for the Encour agement of Trade, commonly known by the Name of the Naval Officers, are to give Security to the Com missioners of Our Customs in Great Britain for the time being, or such as shall be appointed by them for Our Use for the true & faithful perforniance- of their duty, you shall take Care that tlie said Naval Officers give such Security to the said Commissioners of Our 88 ADMINISTRATION OF PRESIDENT READING. [1758 Customs, or the Surveyor General of the Custoras for the Northern District, who is impower'd to take the same in the Manner thereby enjoin'd, and that he or they produce to you a Certificate from them of his or their having given Security pursuant to a Clause in the said Act, and you are not to admit any person to Act as naval Officer who does not within two Months or as soon as conveniently may be, after he has entred upon the Execution of his Office, produce a certificate of his having given such Security as aforesaid. 3'' And whereas it is necessary for the more effectual Dispatch of Merchants and others that the Naval Officers and the Collectors of the Customs should re side at the same Port or Towns, you are therefore to take Care that this Eegulation be observed, and to consult with the Surveyor General of Our Customs in what place it may be most convenient to have the Custom House flxed in each part of his District and to take Care that the Collector and Naval Officer reside wdthin a convenient Distance of the Custom House for the dispatch of Business. 4 Whereas by the said Act of Navigation no Goods or Commodities whatsoever are to be imported into or exported out of any of Our Colonies or plantations in any other Ships or Vessels whatsoever, but such as do truly and without fraud belong only to Our people of Great Britain or Ireland, or of the Built of and belong ing to any of Our Lands, Islands or Territories, as the proprietors and right-Owners thereof, and whereof the Master and three fourths of the Mariners at least are British under the penalty of the Forfeiture and Loss of all the Goods and Commodities, which shaU be im ported into or exported out of any of the said places in any pther Ship or Vessel, as also of the Ship or Vessel with her Guns, Furniture (fee. and whereas by a Clause in the aforesaid Act of Frauds no foreign built Ship, that is to say, not built in any of Our Dominions of 1758] ADMINISTRATION OF PRESIDENT READING. 89 Asia, Africa, or America, shaU enjoy the priviledge of a Ship belonging to Great Britain or Ireland, altho' owned and manned by British Subjects; (except such Ships only as shall be taken at Sea by Letters of Mart or Eeprizal, and Condemnation thereof made in Our Court of Admiralty as lawful prize, ) but aU such Ships shaU be deemed as aUens Ships, and be liable to all Duties that Aliens Ships are Uable to by Virtue of the aforesaid Act for the encouraging and encreasing of Shipping and Navigation ; and whereas by a Clause in the aforesaid Act for preventing frauds and regulating Abuses in the plantation Trade, it is enacted that no Goods or Merchandizes whatsoever shaU be imported into or exported out of any of Our Colonies or planta tions in Asia, Africa or America, or shall be laden in or carried from any one port or place in the said Col onies or plantations to any port or place to the same or to Our Kingdom of Great Britain in any Ship or Bottom, but what is or shaU be of the Built of Great Britain or Ireland, or of the said Colonies or planta tions, and wholly owned by the people thereof or any of them, and na-vigated with the Master and three fourths of the Mariners of the said places only, (except such Ships only as shaU be taken prize, and Condem nation thereof made in one of the Courts of Admiralty in Great Britain, Ireland, or the said plantations, to be navigated by the Master and three fourths of the Mariners, British or of the said plantations as afore said, and whereof the property doth belong to British Subjects) on pain of Forfeiture of Ship and Goods; and whereas by another Clause in the said Act, for the more effectual prevention of Frauds, which may be used by Colouring foreign Ships under British Names, it is further enacted that no Ship or Vessel whatsoever shall be deemed or pass as a Ship of the Built of Great Britain, Ireland, Guernsey, Jersey, or any of Our plantations in America, so as to be qualified to trade 90 ADMINISTRATION OF PRESIDENT READING. [1758 to, from or in any of the said plantations, untiU the person or persons claiming property in such Ship or Vessel shaU register in manner thereby appointed, you shall take Care and give in Charge that these Matters and things be duly observed within Our said province under your Government, according to the true Intent and Meaning of the said Acts, and the Offences (fe Of fenders prosecuted according to the Directions thereof; and where it is required that the Master and three fourths of the Mariners be British, you are to under stand that the true Intent and meaning therof is, that they shall be such during the whole Voyage, unless in Case of Sickness, Death or being taken prisoners in the Voyage, to be proved by the Oath of the Master or other Chief Officer of the Ship, and none but Our Subjects of Great Britain, Ireland or the plantations are to be accounted British. 5 Whereas by the said Act of Navigation, as the same stands amended and altered by the aforesaid Act for regulating the plantation Trade, it is enacted that for every Ship or Vessel that shall set sail out of or from Great Britain for any british plantation in America, Asia or Africa, sufficient Bond shall be given with one Surety to the Chief Officer of the Customs of Such port or Place, from whence the said Ship shaU set SaU, to the Value of £1,000, if the Ship be of less burthen than one hundred Tons, and of the Sum of £2,000, of the ship greater Burthen, that in case the said Ship or Vessel shall load any of the Commodities therein enumerated, viz. Sugar, Tobacco, Cotton, Wool, Indigo, Ginger, Fustick or other dying Wood of the growth production or Manufacture of any Brit ish plantation in America, Asia or Africa, at any of the said British plantations, the said Commodities shall by the said Ship be brought to some port of Great Britain, and be there uuloaden and put on Shore, the Danger of the Seas only excepted, and for 1758] ADMINISTRATION OF PRESIDENT EEADING. 91 aU Ships coming from any port or place to any of the aforesaid plantations, which by this Act are permitted to trade there, that the Governors of such British plan tations shall before the said Ship or Vessel be permitted to load on board any of the said Commodities, take Bond in Manner and to the Value aforesaid for each respective Ship or Vessel, that such Ship or Vessel shall carry aU the aforesaid Goods that shall be loaden on board the said Ship or Vessel to some other of the said British plantations or to Great Britain, and that every Ship or Vessel which shaU load or take on board any of the aforesaid Goods until such Bond be given to the said Governor or Certificate produced from the Officers of any Custom House of Great Britain, that such Bond hath been there duly given, shall be for feited -with her Guns, Tackle, Apparel and Furniture, to be employed and recovered as therein is directed; And whereas by the two aforementioned Acts passed in the 3" &. 4'" Years of Queen Anne, the one entituled an Act for granting to Her Majesty a further Subsidy on Wines and Merchandizes imported, and the other, an Act for encouraging the Importation of Naval Stores from Her Majesty's plantations in America, and by two other aforementioned Acts passed in the eighth Year of His said late Majesty's Eeign, the one, entituled, an Act for Encouragement of the Silk Manufactures of this Kingdom, and for taking off several Duties on Merchandizes exported, and for reducing the Duties upon Beaver Skins, pepper. Mace, Cloves and Nutmegs imported, and for Importation of aU Furs of the product of the British plantations into this Kingdom only, the other entituled, an Act t© pre vent the Clandestine running of Goods, (fee. and to subject Copper Ore of the production of the British plantations to such Eegulations as other enumerated Commodities of the like production are subject, con tinued by an Act passed in the 8'" Year of Our Eeign 92 ADMINISTRATION OF PRESIDENT READING. [1758 and is still in force, all Eice (except under the Eegula tions prescribed in the beforementioned acts of the 3^ (fe 8'" Years of Our Eeign) Melasses, Furs, Hemp, pitch- Tar, Turpentine, Masts, Yards, Bowsprits and Copper Ore are under the like Securities and penalties restrained to be imported into this Kingdom as the other abovementioned enumerated Commodities; you are therefore to take particular care and give the necessary Directions, that the true Intent and meaning of All the said Acts be strictly and duly compUed with. 6 You shaU carefully examine all Certificates which shaU be brought to you of Ships giving Security to this Kingdom to bring their Lading of plantation Goods hither, as also Certificates of having discharged their Ladings of plantation Goods in this Kingdom pursuant to their Securities, and whereas the better to prevent any of the aforesaid Certificates from being counterfeited, the Commissioners of Our Customs have thought fit to Sign the same. It is therefore Our WiU (& Pleasure, that no such Certificates be aUowed of, unless the same be under the Hands and Seals of the Customer, Collector and Comptroller of the Customs in some port of this Kingdom or two of them ; as also under the Hands of four of Our Commissioners of the Customs at London, or three of Our Commissioners of the Customs at Edinburgh, and where there shaU be reasonable Ground of Suspicion that the Certificate of having given Security in this Kingdom is false and counterfeit, in such Case you or the person or persons appointed under you shall require and take sufficient Security for the discharge of the plantation Lading in this Kingdom, and where there shall be cause to sus pect, that the Certificate of having discharged the Lading of plantation Goods in this Kingdom is false and counterfeit, You shall not cancfel or vacate the Security given in the plantations untiU you shaU be informed from the Commissioners of Our Customs in 1758] ADMINISTRATION OF PRESIDENT READING. 93 Great Britain, that the Matter of the said Certificate is true ; and if any person or persons shall counterfeit, raze or falsify any such Certificate for any Vessel or Goods or shall knowingly or wUlingly make use there of, you shall prosecute such person for the Forfeiture of the sum of five hundred pounds according to a Clause of the aforesaid Act for preventing Frauds and regulating Abuses in the plantation Trade and pursu ant to the said Act you shall take, that in all such Bonds to be hereafter given or taken in the presence under your Government, the Surities therein named be persons of known Eesidences and AbiUty there for the Value mentioned in the said Bonds, and that the Condition of the said Bonds be within eighteen Months after the Date thereof, the Danger of the Seas ex cepted, to produce a Certfficate of having landed and discharged the Goods therein mentioned in one of Our plantations or in this Kingdom, otherwise to attest the Copy of such Bonds under your Hand and Seal, and to cause prosecution thereof, And it is Our further Will & Pleasure that you do give Directions to the Naval Officer or Officers not to admit any person to be Secur ity for another, who has Bonds standing out undis charged, unless he be esteemed responsible for more than the Value of such Bonds. 1 ,And you are also to give Directions to the said Naval Officer or Officers to advise with the Collector of the port or District in taking bonds, and not to admit any person to be security in the plantation Bond, untUl approved by the said CoUector. And whereas Lists of aU Certificates granted in South Britain for the Discharge of Bonds given in the plantations are every Quarter sent to the Collectors of the Districts where such Bonds are given, the said Naval Officer or Officers is or are to take Care that no Bond be dis charged or be cancelled by him or them without first advising with the Collector and examining the said 94 ADMINISTRATION OF PRESIDENT READING. [1758 List to see that the Certificate is not forged or coun terfeited: and whereas the Surveyors General of Our Customs in America are directed to examine from time to time whether the plantation Bonds be duly and regularly discharged you are to give Directions that the Surveyor General for the Southern District be per mitted to have recourse to said Bonds as well as the Book or Books in which they are or ought to be entred, and to examine as well whether due Entry thereof be made, as whether they are regularly taken and dis charged, and where it shaU appear that Bonds are not regularly discharged, you are to order that such Bonds be put in Suit. 8 You are understand that the payment of the Eates (fe Duties imposed by the aforesaid Act for the Encour agement of tbe Greenland and Eastland Trades and for the better securing the plantation Trade on the several plantation Commodities therein enumerated doth not give Liberty to carry the said Goods to any other place than to some of Our plantations or to Great Britain only, and that not-withstanding the payment of the said Duties, Bond must be given to carry the said Goods to some of the said Plantations or to Great Britain and to no other place. 9 You sliaU every three months or oftner or other wise as there shall be opportunity of Conveyance trans mit to the Commissioners of Our Treasury or Our High Treasurer for the time being, to Our Commissi(mers for Trade & plantations and to the Commissioners of Our Customs in London, a List of aU Ships and Ves sels trading in the said province according to the form and Specimen hereunto annexed, together with a List of the Bonds taken pursuant to the Act passed in the 22" (fe 23" Years of King Charles the Second's Eeign, entituled an Act to prevent p)lanting Tobacco in Eng land and for regulating the plantation Trade. And you shall cause demand to be made of every Master 1758] ADMINISTRATION OF PRESIDENT liEADlNG. 95 at his Clearing of an Invoice of the Contents and Quality of his Lading (fee. according to the Form here unto also annexed, and to enclose a Copy thereof by some other Ship, or for want of such Opportunity, by the same Ship, under Cover sealed and directed to the Commissioners of Our Treasury or Our High Treasurer for the time being, to Our Commissioners for trade and plantations, and to the Commissioners of Dur Cus toms in London, & send another copy of the said In voice in like manner to the CoUector of that Port in this Kingdom for the time being to which such Ships shaU be said to be bound. 10 Whereas by the aforesaid Act for the Encourage ment of Trade no Commodities of the Growth, produc tion or Manufacture of Europe, except Salt for the Fishery of New England & Newfoundland, Wines of the Growrth of the Maderas or Western Islands or Azores, Servants and Horses from Ireland, and all Sorts of Victuals of the Growth and production of Ire land, and Salt to the province of Pennsylvania and New York in pursuance of two Acts, the one passed in the thirteenth Year of his said late Majesty's Eeign and the other in the third year of Our Eeign, shaU be imported into any of Our Colonies or plantations but what shaU be bona fide and without fraud laden and shipp'd in Great Britain, and in Ships duly qualified. You shaU use your utmost Endeavour for the due Ob servance thereof, and if contrary hereunto any Ship or Vessel shall import into Our said province under your Government any Commodities of the Growth production or Manufacture of Europe, but are before excepted, of which due proof shall not be made that the same were shipt or laden in,^ some port of Great Britain by producing Cocquets or Certificates under the Hands and Seals of the Officers of Our Customs in such port or place where the same were laden, such Ship or Vessel and Goods shaU be forfeited, and you 96 ADMINISTRATION OF PRESIDENT READING. [1758 are to give in Charge that the same be seized and pros ecuted accordingly. 11 And in Order to prevent the Acceptance of forged Cocquets or Certificates which hath been practised to Our great prejudice, you are to give effectual Orders, that for all such European Goods as by the said Act are to be ship'd and laden in Great Britain Cocquets for the same from hence be produced to the Collectors, or other Officers of Our Customs in Our foresaid prov ince under your Government for the time being, be fore the unlading thereof, and you shall give Order that no European Goods be landed but by Warrant from the said Collector in the presence of an Officer appointed by him, and for the better prevention of Frauds of this Kind you shall take Care that according to the said Act of Trade, no Ship or Vessel shall be permitted to lade or unlade any Goods or Commodities whatsoever untili the Master or Commander thereof shaU first have made Known to you or such Officer, or other person as shaU be thereunto authorized and ap pointed, the Arrival of such Ship or Vessel, with her Name and the Name and Sirname of the Master, and hath Shewn that she is a Ship navigated and otherwise qualify 'd according to Law, and hath delivered to you or such other person as aforesaid a true and perfect Inventory of her Lading, together with the place, or Places in which the said Goods were laden and taken into the said Ship or Vessel under Forfeiture of such Ship and Goods. 12. You shall not make or allow of any Laws, by Laws, Usages or Customs in Our said province under your Government, which are repugnant to the Laws herein before mentioned or any of them, or to any other Law aUeady made or hereafter to be made in this Kingdom, so far as such Laws relate to and men tion the said plantations, but you shall declare all such Laws, by Laws, Usages or Customs in Our said prov- 1758] ADMINISTRATION OF PEESIDENT READING. 97 ince under your Government, which are any wise repugnant to the said Laws or any of them to be iUe- gal, null and void to all Intents and purposes what soever. 13. Yo2i shaU be aiding and assisting to the CoUec tors (fe other Officers of Our Admiralty and Customs appointed or that shaU hereafter be appointed by the Commissioners of Our Customs in this Kingdom by and under the Authority and Directions of the Com missioners of Our Treasury or Our high Treasurer of Great Britain for the time being, or by Our High Ad miral or Commissioners for executing the office of High Admiral of Great Britain for the time being, in putting in Execution the several Acts of ParUament before mentioned, and you shaU cause due prosecution of all such persons as shaU any ways hinder or resist any of the said Officers of Our Admiralty or Customs in the performance of their Duty ; It is Ukewise Our Will & Pleasure and You are hereby required by the first Op portunity to move the Assembly of Our said province, that they pro-vide for the Expence of making Copies for the Surveyor General of Our Customs in Our said pro-vince for the time being, of aU Acts and papers which bear any relation- to the Duty of his Office, and in the mean time you are to give Orders that the said Surveyor General for the time being as aforesaid be aUowed a free Inspection in the pubUck Offices within your Government, of aU such Acts and papers without paying any for or Eeward for the same. 14. Whereas the Commissioners appointed for col lecting the Six pence f Month from Seamen's Wages for the Eoyal Hospital at Greenwich, pursuant to an Act of parUament passed in the second Year of Our Eeign, entituled, an Act for the more effectual coUecting in Great Britain and Ireland and other parts of his Maj esty's Dominions the Duties granted for the Support of the Eoyal Hospital at Greenwich, haven given, In- 98 ADMINISTRATION OF I>RESlt)ENT READING. [1758 structions to their Eeceivers in foreign parts for their Government therein. It is therefore Our Will & Pleasure, that you be aiding and assisting to the said Eeceivers in your Government in the due Execution of their Trusts. It). And whereas by an Act passed in the sixth year of Our Eeign, entitled, an Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies, in America, a Duty is laid on aU Eum, Melasses, Syrups, Sugar and Paneles of the produce and Manufacture of any of the plantations not in Our possession or under Our Dominion, which shall be im ported into any of Our Colonies and plantations, not withstanding which we are informed that great Quan tities of foreign Eum, Melasses, Syrups Sugars and Paneles are Clandestinely landed in Our plantations -without payment of the said Duty, Our Will & Pleas ure is, that you be aiding and assisting to the CoUec tors and other Officers of Our Customs in your Gov ernment in coUecting the said Duties and seizing aU such Goods as shaU be so clandestinely landed or put on Shore without payment of the Duty, and you shaU cause due prosecution of all such Eum, Melasses, Syrups, Sugar and Paneles as sliaU be seized for Non payment of the Duty, as weU as the persons aiding and assisting in such unlawful Importations or that shall hinder, resist or molest the Officers in the due execution of the said Law. 16, You shaU take Care that upon any Actions, Suits and Informations that shaU be brought com menced or entred in Our said province under Your Government upon any Law or Statute concerning Our Duties, or Ships, or Goods to be forfeited by reason of any unlawful Importations or Exportations, there be not any Jury but of such as are Natives of Great Brit ain or Ireland, or are born in any of Our said planta tions. 1758] ADMINISTRATION OF PEESIDENT READING. 99 17. You shaU take Care that all places of Trust in the Courts of Law or in what relates to the Treasury of Our said province under your Government be in the Hands of Our Native Born Subjects of Great Britain or Ireland or the plantations. 18. And that there may be no Interruption or Delay in Matters of Prosecution and Execution of Justice in Our Courts of Judicature within Our said pro-vince under your Government by the Death or Eemoval of any of Our Officers employed therein, untili We can be advised thereof, and appoint others to succeed in their places, you shaU make Choice of persons of Known Loyalty, Experience, DiUgence and FideUty, to be employed for the purposes aforesaid, until you shaU have Our Approbation of them, or the Nomina tion of others from hence. 19. You shall from time to time correspond with the Commissioners of Our Customs in London for the time being, and advise them of aU Failures, Neglects, Frauds and Misdemeanouis of any of the Officers of Our Customs in Our said province under your Govern ment, and shaU also advise them, as Occasion shaU offer, of aU Occurrences necessary for their Informa tion, relating either to the aforesaid Laws of Trade and Navigation to Our Eevenue of Customs and other Duties under their Management both in Great Britain and the plantations. 20. If you shall discover that any persons or their Assigns claiming any Eight or Property in any Island or Tract of Land in America by Charter or by Letters Patents, who shall at any time hereafter alien, seU or dispose of any Island, Tract of Land or propriety other than to any of Our natural born subjects of Great Britain without the Licence or Consent of Us, Our Heirs or Successors signified by Our or their Order in CouncU first had and obtained. You shaU give Notice thereof to Us and to Our Commissioners of Our Treas- ioo ADMINISTRATION OF PBESIUENT READING. [1758 ury or Our High Treasurer of Great Britain for the time being. 21. Whereas by the aforesaid Act for preventing Frauds and regulating Abuses in the plantation Trade it is provided for the more effectual prevention of Frauds which may be used to elude the Intention of the said Act by colouring foreign Ships under British Names, that uo Ship or Vessel shaU be deemed or pass as a Ship of the Built of Great Britain or IMand, Guernsey, Jersey 'or any of Our plantations in America, so as to be qualified to trade to or from or in any of our said plantations, until the Person or persons claiming property in such Ship or Vessel shaU register the same in Manner thereby directed, you shall take Care that no foreign BuUt Ship be permitted to pass as a Ship belonging to Our Kingdom of Great Britain or Ireland until proof be made upon Oath of one or more of the owners of the said Ship before the CoUector or Comptroller of Our Customs in such port, to which she belongs or upon like Proof before yourseff with the principal Officer of Our Eevenue residing in Our foresaid province under your Government, if such Ship belong to the said province ; which Oath you and the Officers of Our Customs respectively are authorized to administer in manner thereby directed, and being attested by you and them so adminstring the same, and registred in due form according to the Specimen hereunto annexed, you shaU not fail immediately to transmit a DupUcate thereof to the Commissioners of Our Customs in Lon don in order to be entred in a general Eegister to be there kept for that purpose, with penalty upon every Ship or Vessel trading to, from, or in any of Our said plantations in America, as aforesaid, an(i not having made proof of Her built and property as by the fore- mentioned Act is directed, that she shaU be lyable to such prosecution and Forfeiture as any foreign Ship 1758] ADMINISTRATION OF PRESIDENT EEADING. 101 (except Prizes condemned in Our High Court of Ad miralty) would for trading with Our plantations by the said Law be liable unto, with this Proviso that all such Ships as have been or shaU be taken at Sea by Letters of Mart or Eeprizal, and Condemnation thereof made in Our High Court of Admiralty as law fuU Prize, shaU be specially registred, mentioning the Capture & Condemnation instead of the Time and place of building, -with Proof also upon Oath the entire property is British before any such prize be aUow'd the PrivUege of a British built Ship accordmg to the mean ing of the said Act, and that no Ships Name registred be afterwards changed without registring such Ship de Novo, which by the said Act is required to be done upon any transfer of Property to another port, and deUvering up the former certificate to be cancelled under the same penalties and in like Method and in Case of any Alteration of property in the same port by the Sale of one or more Shares in any Ship after registring thereof, such Sale shaU always be acknowl edged by endorsement on the Certificate of Eegister before two Witnesses in order to prove that the entire Property in such Ship remains to some of Our Sub jects of Great Britain, if any dispute shall arise con cerning the same. 22 Whereas by the Act passed in the 21'.' Year of Our Eeign, for encouraging the making of Indigo in the British plantations in America, a Premium of six pence per pound is allow'd on the Importation of Indigo of the gro-wth of the British plantations, and there are likewise contain'd in the said Act several provisions to prevent Frauds by importing foreign plantation made Indigo or any false Mixtures in what is made in the British Plantations with a View to recover the said premium. It is therefore Our WiU and Pleasure that if there now are or hereafter shall be any plantations of Indigo -within Our said province 102 AD.\IINISTRATION OF PRESIDENT READING. [1758 under your government you do take particular Care that the said provisions be duly and punctuaUy com pUed with and do likewise from time to time transmit to Our Commissioners for trade and plantations, in order to be laid before us, an Account of aU such plantations of Indigo with the Names of the planters and the Quantity of Indigo they make, as also the Quantity of such Indigo exported from the said prov ince, distinguishing the time when exported and the port where shipped, the Names of the Vessels and the Port to which bound, and if there be any Foreign Indigo imported into the said province, it is our fur ther Will & Pleasure that, you do in Uke manner transmit an Account of such foreign Indigo imported, distinguishing the time when and the place from whence imported, together with an Account of such foreign Indigo exported and the port where shipped, the Names of the Vessels and the ports to which bound. 28 V/hereas by an Act pass'd in the tenth Year of the Eeign of King WiUiam the third, to prevent the Ex portation of Wool out of the Kingdoms of Ireland and England into foreign parts, and for the Encourage ment of the WooUen Manufactures in the Kingdom of England. It is amongst other things therein enacted, that no Wool, Woolfels, Shorthings, Northings, Wool flocks. Worsted Bay, or Woolen-Yarn, Cloth, Serge, Bays, Herseys, Says, Frizes, Druggets, Cloth Serges, Shalloons, or any other Drapery Stuffs or Woolen Manufactures whatsoever made or mixed with Wool or Wool-flocks, being of the product or Manufacture of any of the British plantations in America, shaU be laden or Laid on Board in any Ship or Vessel in any place or port within any of the said British plantations upon any pretence whatsoever, as also that no such Wool or other the said Commodities, being of the pro duct or Manufacture of any of the said British planta tions shall be loaden Upon any Horse, Cart or other 1758] ADMINISTRATION OF PRESIDENT READING. 103 Carriage, to the Intent and purpose to be exported, transported, carried or conveyed out of the said British Plantations to any other of Our plantations, or to any other place whatsoever, upon the same and like pains. Penalties and Forfeitures to and upon aU the Offender and Offenders therein -within all and every of Our said British Plantations respectively, as are provided and prescrib'd by the said Act for the Uke Offences com mitted within Our Kingdom of Ireland, you are to take effectual Care, that the true Intent and meaning thereof so far forth as it relates to you, be duly put in Execution. 24 In the Act made in the 24'" Year of Our Eeign for the more effectual securing the Duties upon Tobacco, there is a Clause to prevent Frauds in the Importation of Bulk Tobacco, enacting that no Tobacco shaU be imported into this Kingdom otherw^ise than in Cask, Chest or Case containing 460 pounds Weight of Tobacco each, under penalty of Forfeiture thereof; You shaU take Care that this Part of the said Act be made pubUck, that none may pretend Ignorance, and that the true Intent and meaning thereof be duly put in Execution within your Government. 25 And whereas His said late Majesty was inform'd that a clandestine Trade had been carried on as well by British as Foreign Ships from Madagascar and other Parts beyond the Cape of bona Esperanza within the Limits of Trade granted to the united East India Com pany directly to Our plantations in America, to the great Detriment of these Eealms and in Breach of the several Laws in force relating to Trade and Naviga tion, Our Will and Pleasure is, that you the said Francis Barnard or in your Absence the Commander in Chief of Our said province of New Jersey for the time being do duly and Strictly abserve and cause to be observed the several good Laws and Statutes now in force for the regulating of Trade and Navigation, 104 ADMINISTRATION OF PRESIDENT READING. [1758 particularly the several Acts of Parliament already mentioned in your general and in these Instructions, and in order to the better Execution of the Laws and Statutes abovementioned, upon the flrst Notice of the Arrival of any Ship or Ships -within the Limits of any port of or belonging to your Government, which have or are suspected to have on board any Negroes, Goods or Commodities of the Growth, Produce or Manufac ture of the East Indies, Madagasear or any other Parts or places beyond the Cape of bona Esperanza within the Limits of Trade granted to the united East India Company, pursuant to the aforementioned Act of the ninth and tenth of King William, you shaU immedi ately cause the Officers of Our Customs in your Gov ernment (and any other Officers or persons in Aid of them,) to go on board such Ship or Ships and to visit the same, and to examine the Masters or other Com manders, the Officers and Sailors on board such Ship or Ships, and their Charter Parties, Invoices, Cocquets, and other Credentials, Testimonials or Documents, and if they find that such Ship or Ships came from the East Indies, Madagasear, or any other Parts or places beyond the Cape of bona Esperanza within the Linuts of Trade granted to the said united East India Company, and there are on board any such Goods, Commodities or Negroes as is above mentioned, that they do give Notice to the Master or other Person hav ing then the Command of such Ship or Ships forthwith to depart out of the Limits of your Government with out giving them any EeUef, Support, Aid, or Assis tance, although it should be pretended that such Ship or Ships were or the same really should be in Distress, Want, DisabUity, Danger of sinking, or for or upon any other Eeason or Pretence whatsoever; and that you Our Governor or Commander-in Chief, do by no means suffer any Goods, Merchandize or Negroes from on board such Ship or Ships to be landed or brought 1758] ADMINISTRATION OF PRESIDENT READING. 105 on Shore upon any Account or Excuse whatsoever; And it is Our further Will <& Pleasure that if any such Ship or Ships being foreign having on board any such Goods, Merchandize or Negroes do not upon Notice given to the Master or other Person ha>dng the Com mand thereof as soon as conveniently may be depart out of the Limits of your Government and from the Coasts thereof without landing, selling or bartering any of the said Goods or Negroes, you our Governor or the Commander in Chief for the time being shall cause the said Ship or Ships and Goods and Negroes to be seized, and proceeded against according to Law; but if such Ship or Ships having such Goods or Negroes on board, and entring into any port or Place, or com ing upon any of the Coasts or Shores of Our said Province under your Government, do belong to Our Subjects and do break. Bulk, or sell, barter, exchange or otherwise dispose of the said Goods or Negroes or any part thereof, contrary to Law, you are to take Care that such Ship or Ships with the Guns, Tackle, Apparel and Furniture, thereof, and all goods and Merchandize laden thereupon, and the proceed and Effects of the same be immediately seized, and that the Laws in such Case made and provided be put in Execution -with the greatest Care, diligence and appU cation: but if any Ship belonging to the Subjects of any foreign State or Potentate, having on board any Negroes or East India Commodities, shall be actuaUy be bound to some place or Port in the West Indies be longing to any foreign Prince or State, from some European Port, and such Ship shall happen to be driven by necessity, and be in real Distress the same may be supplied with what is absolutely necessary for Her Eelief. but you shall not take, have or receive, nor permit or suffer any Person to take, have or re ceive any Negroes or other the said East India Com modities in Payment or Satisfaction for such EeUef; 106 ADMINISTRATION OF PEESIDENT READING. [1758 That if any Officer of Our Customs or other Officer employ'd by you Our Governor or Commander in Chief in visiting, searching or seizing such Ship or Ships, Goods, Merchandize or Negroes be corrupt, negligent or remiss in the discharge of his Duty there in. We do hereby require you to suspend him from the Execution of his sail Office and that you do by the first Opportunity send an Account of such Officers Behaviour to Our Commissioners for trade and plan tations, that Care may be taken that such Officer be removed from his Employment and further punished according to his Demerit: And Our further Will & Pleasure is, that you Our Governor or Commander in Chief do constantly and from time to time and by the first Opportunity that shall offer, send Our Commis sioners for Trade and plantations true, full and exact Accounts of your Proceedings and of all other Trans actions and Occurrencies in or about the premises or any of them, in order to be laid before Us. 26 And whereas, notwithstanding the many good Laws made from time to time for preventing of Frauds in the Plantation Trade, which have been enumerated in these and former Instructions, it is manifest that very great Abuses have been and continue stiU to be practised to the prejudice of the same, which Abuses must needs arise either from the Insolvency of Persons who are accepted for Security or from the Eemissness or Connivance of such as have been or are Governors in the several plantations, who ought to take Care that those persons who give bond should be duly pros ecuted in case of non-performance, you are to take Notice, that We take the Good of Our plantations, and the Improvement of the Trade thereof by a strict and punctual Observance of the several Laws in Force con cerning the same; to be of so great Importance to the Benefit of this Kingdom, and to the advancing the Duty of Our Customs here; that if We shaU hereafter 1758] ADMINISTRATION OF PEESIDENT READING. 107 be informed, that at any Time there shall be any failure in the due Observance of those Laws & of the present Instructions by any wilful Fault or Neglect on your part. We shall esteem such Neglect to be a breach of the aforesaid Laws; And it is Oui' fixed and determined Will & Resolution, that you or the Commander in Chief respectively be for such Offence not only imme diately removed from your Employments, and be Liable to the Fine of one thousand pounds, as likewise suffer such other Fines, Forfeitures, Pains and Penalties as are inflicted by the several Laws now in Force relating thereunto, but shall also receive the most rigorous Marks of Our highest Displeasure and be prosecuted -with the utmost severity of Law for your Offence against Us in a Matter of this Consequence, that We now so particularly charge you with. [The Instructions were approved AprU 1, 1758. — See Analytical Index to New Jersey Documents, p. 345 — W. N.] Memorial of Richard Partridge, Agent for Neiv Jer sey, respecting a Bill passed in that Colony for emitting £89,000 in Bills of Credit. [Prom P. E. 0, B. T,, New Jersey, Vol, 8, 1. 63.] To THE Lords Commiss''.^ for Trade and Plan tations The Memorial of Rich*^ Partridge Agent for the Province of Ne-w Jersey in America. Humbly sheweth That the Draft of the present BiU sent over hither by that Province (fe now before yo' Lordships "For " making current £60, 000 in BUls of Credit to be emitted " on Loan within y" Colony of New Jersey, the Inter- 108 ADMINISTRATION OF PRESIDENT READING. [1758 "est whereof to sink the further Sum of £29000 to be "also made curr' for the immediate Service of the " Crown if the same sh" be needed, otherwise for the "EeUef of the s" Colony" was prepared and sent hither for yo' previous Approbation, hoping there could be no ground to find any material Fault there with as it was calculated for the Good (fe Ease of the Province in general by preventing any new Taxes on the Inhabitants with which the Province is already loaded, supplying a greater medium in Trade by lend ing it out in small Sums under the legal Eate of Inter est there; and granting so large a Sum as £29000. for his Maj'?"' Service and by ye same Act appropriating it. That your MemoriaUst apprehends it remains no Doubt but that in such a Country as New Jersey is, paper Currency is the principal Medium of Trade, Sc in its present Exigency of a State of War the only immediate Fund to raise Money to pay their Troops, & defend their Country w'^" they have hitherto done by 5 year Acts most of them now near expiring, the Sums thereby raised are to be paid off by Taxes which are almost insupportable. That as it is aUowed a paper Currency is always useful in North America & more so upon Emergencys of Governm'; The only Two real Objections that can be raised ag" it (as yo' Memorialist humbly appre hends) must arise either from the Quantum or the Mode of raising it. As to the Quantum your Memorialist humbly appre hends it has been fuUy proved at your Board by Wit nesses of Eeputation and Credit in that Country (fe knowledge in those Affairs, That his Maj'''" loyal Prov ince of New Jersey has ever maintained its Credit in this respect, and is capable of supporting a much larger Sum than is now prayed for. And as to the Mode of doing it yo"" MemoriaUst hum bly hopes that y"' more Easy and general any Tax is 1758] ADMINISTRATION OF PRESIDENT READING. 109 (if this may be caUed one) the more it ought to be favour'd. The Money to be emitted by this Act is to be lent out on Land Security of double the Value & to be repaid by InstaUments in 16 Years, the Interest whereof is to sink the £29,000. & thereby a Tax is avoided, & by the length of Time allowed for paying in the £60,000 to be emitted on Land Security as afore said, it will hardly be felt by the Borrower; And tho' it is objected that this ought not to be made a legal Tender, Yet when it is considered if it was otherwise, it must by designing Men be unavoidably reduced in its value (fe quite render'd ineffectual; And that by this same Act it is declared, and enacted that any Deficiencies (w'" might haj)pen) shall be made good by a Provincial Tax in the manner therein di rected, it is presumed that having Land Security of double the value, (fe aU deficiencies made good by a Pro-raicial Tax it has virtuaUy the same Basis as if it was only made Curr' for 6 Years, and it is so much the better in the present Method as it is not to be sunk by a Tax or aU at once, but by easy Installments respecting the £60,000; and the £29,000. to be sunk out of the low Interest of the s" £60,000, and the Defi ciency finaUy (if any) is to be made good by a Tax. In short the difference between creating a Medium of Trade by a loan Act & that of an Act for Taxing the Inhabitants is this. That the One tends to render the Method of it entirely to the Ease and quiet of the People (fe yet answer iu a great Measure y" purposes & Exigencys of the Governm' without being Injurious to any persons whatsoever; Whereas the latter Method wUl be exceedingly Grievous, distressing (fe well nigh if not quite insupportable & add to their affiiction especiaUy when there is such a great call & Demand for a pubUck Supply in this Time of the Calamity of War. That your Memorialist humbly apprehends not any 110 ADMINISTRATION OF PRESIDENT READING. [1758 one Merch' or Gentleman whatsoever either British or North American attemping to oppose this Bill before yoV Lordships, isy" highest corroborative Circumstance of its Utility & Fitness. And therefore prays that yo'' Lordships will Eeport in Favour thereof under the present deplorable Cir cumstances of this Province they having a Number of Forces to maintain upon the Continent, and relying on the Kings paternal Goodness that such an Act might pass for their Eelief. Eich? PARTRroGE London 2" mo. or Feb. 25. 1T5S. Letter from John Reading, Acting-Governor, to Wil liam Denny. "^ [From the original among the Manuscripts of -William Nelson,] Burlington March v? 10'," 1758 S': The Inclosed Dispatches' are Duplicates of those sent to your Honour the sixth Instant which with two Letters directed to the Senior Captains of his Majesties Ships at Virginia and South CaroUna were sent to me from Com'odore Dureir to forward to the different ^Deputy-Governor of Pennsylvania, August, 1756, to November, 1759, — [W. N,] ^''Circular from Secretary -William Pitt to the Governors of Massachusett's Bay, New Hampshire, Connecticut, Rhode Islaud, New York, New Jersey. - Whitehall. Dec, 30>i> 1757." Published in N, Y, Colonial Docs,, -VEI., 339.— [W, K] ^Philip Durell, commissioned -Captain in the Royal Navy, February 6, 1742; sub sequently became Commodore, and in 1758 was dispatched to Halifax, to expedite the embarkation of the armv against Louisbourg; and on the reduction of that place (in which the Navy rendered most effective and decisive service) he was made Rear-Admiral of the Blue, and left in command of the North American station. He was very active at Quebec, and in 1762 became Vice-Admiral of the Blue, He died about 17C0,— [W. N.] 1758] ADMINISTRATION OF PRESIDENT READING. Ill Governors on the Continent The[re]fore request the Care of your Honour to dispatch the same pursuant to their perticular directions I am Your Honours most obedient Humi Servf The Honourable William Denny Esq'' Letter from Governor Pownall, of Massachusetts, to President Reading, [From the original among the MSS. of G, D, ^W, Vroom.] Boston March 11. 175 s. Sir: Yesterday I received his Majesty's Orders to co operate -with the Forces of his Province of Massachu setts Bay, -with his Majesty's Eegular Forces in a gen eral Invasion of Canada. I recommended the Matter to the General Court, and the House have this day come to an unanimous Vote to raise a sufficient Number of Men for that Purpose, and then determined that the Number they would raise should be seven thousand Men. It was thought proper that this Province should set the Example; We have set the Example; and I hope it wUl be chearfuUy foUowed by the other Govern ments without the least Delay, that we shall answer his Majesty's Expectations from Us, and that by the Blessing of God we shall Now be able to put an End to those Distresses which the Colonies have so long 112 ADMINISTRATION OF PRESIDENT READING. [1758 suffered, and wholly to extirpate their barbarous and perfidious Enemies. I do not send this to your Honor as a Circular Let ter only, which as Governor of Massachusetts bay I have sent to the several Northern Governments to whom the E? Hon"'" M'' Secretary Pitts Letter was directed; But also as my Duty as L* Governor of his Majesty's Province of New Jersey calls upon me, To recommend this Service to you (fe the Legislature of the Province in the strongest manner. I am sir Your Honor's Most obed? (fe most humble serv't T. Pownall The Hon"!" M!' President Eeading. Letter from the Lords Commissioners for Trade and Plantations to the Attorney and Solicitor General, inclosing Questions they wish ansivered. [From P, R. 0. B, T. Plantations General, No. 4, Ent: Book L., p. 138,] To His Majesty's Attorney and Solicitor General Gentlemen. I am directed by the Lords Commissioners for Trade and Plantations to send you the inclosed Questions, and to desire you will take them iuto your considera tion, and favour their Lordships with answers to them as soon as conveniently may be. I am, Gentlemen, Your most Obed' Serv' John .Pownall. Secry WhitehaU ) March 22." 1758. I 1" Question. Whether a person born in any of His Majesty's Colonys in America, whose Father was a Subject of the Crown of Great Britain, but whose 1758] ADMINISTRATION OF PRESIDENT READING. 113 Mother was a Savage Indian, is or is not to be deem'd a British Subject ? 2? Question. Whether a British Subject can legally possess Lands within the express Limits of any of His Majesty's Colonies in America, in virtue of a Grant of such Lands from the Savage Indians obtained without leave from His Majesty, or any Persons acting under His Majesty's Authority; and whether such Possession would be valid against the Possession of any other British Subject claiming the same Lands, or any part of them under a Grant or Conveyance from His Majesty or any Person acting under His Majesty's Authority; if not, what will be the proper method of supporting the Eights of the Crown in such case, & proceeding against such iUegal possession ? Report of the Lords of Trade to the Privy Council, upon the second Remonstrance of the Agent for New Jersey, respecting a Bill passed by the Assem bly authorizing the issue of £89,000 in Bills of Credit. [From P. R. O. B, T, New Jersey, Vol 16, p, 250,] To the Riglit Hon''?* ttie Lords of the Commit tee of His Majesty's most Hon*'?'' pri-yy Council for Plantation Affairs. My Lords. Pursuant to your Lordships Order dated 13*" March last, We have taken into Our Consideration the further humble petition and Eemonstrance of Eichard Par tridge Agent for and in behalf of the House of Eepre sentatives of the Colony of New Jersey, setting forth several Matters by way of Observations and Answers 8 114 ADMINISTRATION OF PRESIDENT READING. [1758 to the Objections contain'd in Our Eeport to your Lordships of the 21'-' of Feb'-^ last, upon a former Peti tion of the said Agent, humbly praying, that His Majesty would be graciously pleased to signify his Eoyal Pleasure to the Governor of the said Colony to give his Assent to a BiU prepared by the said House of Eepresentatives in March 1Y57, entituled an Act for making current £60,000 in bills of Credit to be emitted on Loa7i with irt the Colony of New Jersey, the Interest whereof to sink the further Sum o/ £29,000 to be also made Current fpr the immediate Service of the Croivn, ifthe same should be needed, otherwise for the Relief of the said Colony. And having been attended by M' Partridge and heard what he had to offer in the Sup port of the several Matters set forth in his said further Eemonstrance, We beg leave to report to your Lord ships; That we do not find in any thing which the said Agent has offer'd to Our Consideration, sufficient weight to invalidate the Force of the Objections stated in Our former Eeport; on the contrary he admits the Propriety of the two first of them, and has declared himself ready to acquiesce in any Alterations which We should think necessary to be made in those Clauses of the Bill, which respect the appropriation of the £29,000, and the application of the Surplus Interest of the £60,000 proposed to be emitted on Loan. The only Question therefore which remain'd for us to consider, in obedience to your Lordships Order, is, how far a Law of this kind may be necessary to be pass'd in New Jersey, at this time. And tn order to judge of that Question, it will be necessary to state to your Lordships the Eeasons on which such necessity is is said to be founded. Such a Law is alleged to be necessary. 1'.' To enable the Colony to contribute its Assistance in earring on the War, by Keeping on foot a Eegiment consisting of 500 Men. 1758] ADMINISTRATION OF PRESIDENT READING. 115 2*!'' On Account of the Convenience and Advan tages which will result to the internal Commerce and domestick Concerns of the Colony, by operating as a Medium of Trade and a means of promoting and ex tending Settlements and cultivation. With respect to the first of these Eeasons, We beg leave to observe to your Lordships, that the Quota of Forces, which this Colony furnishes to the Assistance of the Common Cause for the service of the current year, is le-vied and actually on foot and consequently such Ser-vices must have been provided for in some other way; so that this plea of necessity cannot exist at present. With regard to the second Eeason, We have in for mer Eeports on Bills for emitting paper Currency on Loan in this Province, and particularly in Our Eeport of the 18'" of March, 1754, humbly offer'd it as Our Opinion, that a moderate Quantity, issued on proper Security and ha-ving a proper fund for its Eedemption -within a Umited time, may operate to the Advantage of a trading Colony, and may serve to improve and extend the Settlement of it, and may also be the least burthensome Method of le-vying Money for the Sup port of Government: and We still incUne to that Opin ion. But as the Agent has declared to Us, that, should his Majesty be pleased to permit the passing of a Loan BUl in New Jersey, the Assembly, his Constituets, wiU not accept the Indulgence, unless the Bills of Credit thereby to be emitted may be declared legal Tenders in aU payments, it seemed needless to enter upon any further proposition with him upon this Sub ject, as We can by no means depart from Our former Opinion on this point, founded as it is, on so high an authority as the Sense of ParUament so fully expressed in their Eesolutions in AprU 17-10, and by the Act pass'd in 1750 for restraining paper Currency in the four Colonies of New England. 116 ADMINISTRATION OF GOVERNOR BERNARD. [1758 But if your Lordships should nevertheless judge it necessary or expedient to indulge the Colony in this particular. We would humbly offer it as Our Opinion, that an additional Instruction authorizing the Gover nor to give his Assent to such a Bill to be prepared and pass'd under proper Eestrictions wou'd be the most proper Method, as We conceive there are many Circumstances relative to & connected with the Nature of such a Bill, which, for want of a competent Knowl edge of them, cannot be properly provided for in a Draught of a Bill prepared here, but must be left to the care of the Legislature of the Colony, who alone are sufficiently acquainted with them. We are, my Lords, your Lordships (fee. Dunk Halifax. Whitehall June 9. 1758 James Oswald. SoAiME Jenyns. W. G. Hamilton. Letter from Francis Bernard, Governor of New Jer sey, to the Lords of Trade, giving an account of his arrival in his Government, etc. [From P. R, O,, B. T,, New Jersey, Vol, 8, 1. 67.] Perth Aimboy June 20. 1758 To the Right Honorable the Lords Commis sioners for Trade & Plantations. My Lords I have the honour to acquaint your Lordships That I arrived at Perth Amboy on the M'" day of June at noon after a much longer passage than was expected. I immediately issued orders for a CouncU to meet on Fryday foUowing, at which time appeared seven Gen- 1758] ADMINISTRATION OF GOVERNOR BERNARD. 117 tlemen of the Council there being but 10 now witliUi the Province. I first took and administred the oaths according to my instructions; I then laid before them Advices I had received of an irruption of the Indians on the Frontiers next Delaware. The particulars of which that have come to my knowledge are as foUows: On the 7'" of June advice being brought that a party of Indians had crossed the Delaware at Nomanack a Party of Frontier Soldiers & Inhabitants went out against them & not finding them five of the company separated from the rest re the sentiments of some of the most sensi ble men of this province with whom I have talkt on this subject. And to this argument I have to add an observation of my own (in which I may be very possi bly mistaken) which perhaps has not oecured to your Lordships. That at present the paper Bills are the only legal tender that this Province has to use, and if this is taken away there will be in use no legal tender at aU. This appears to be so from these propositions: That the GoM and Silver Coin of Great Brittain is the only Legal Tender in the American Provinces by com mon Law; that no other sort of money can be made a legal tender but by Statute; That lEngUsh Gold Sc SUver Coin is not used in the currency of this province nor to be had in any quantity sufficient for a currency; That no other money is enacted to be a legal Tender in this pro-vince but paper Bills; Therefore paper BUls are now the only practicable legal tender within this province: The common Species used in this province and the only to be met with in any quantity are either Spanish pistoles or milled pieces of eight. Of the for mer for what I can learn the Laws are wholly silent, nor could they properly be made a tender, as being un- mUled they are taken by weight & are therefore more properly a commodity than money. The latter are mentioned in the 6*'' of Ann ca. 30. which enacts that they shaU not be received at more than 6s (whereas now they must cost 7-6 prod) and nobody shall be compelled to receive them at all, so these cant be a legal tender. Prom all which I must humbly submit to your Lord ships that if the time should come when there should be no paper money in New Jersey or all the paper money should be declared to be no legal tender a pro- 130 ADMINISTRATION OF GOVERNOR BERNARD. [1758 vision must be made for some other kind of Tender. I must also submit, that whenever BiUs of credit shall be emitted that shaU not be a legal Tender, aU other BiUs should be caUed in: For it seems to me that it wUl not do to have two sorts of paper circulating at the same time the one a tender Sc the other not: One will be apt to depreciate the other. From all which I must also submit to your Lordships, that I fear this is not the most proper time to enforce a Eegulation at tended seemingly with so many difficulties. I have given your Lordships this trouble from a conviction that this is a business of the greatest con sequence to his Majesties ser-vice in this province. For if I should not receive further powers by next Spring, I shall not be able to support his Majesties ser-vice in the manner I shaU desire Sc ought to do without a breach of my Instructions. And I should be sorry to be reduced to the alternative of either being indifferent to his Majesties Ser-vice or (Usobedient to his com mands. I must beg leave to add that I have not the least Interest in this Business except what the Duty of my Office & my Zeal for his Majesties honour give me : And therefore hope that the Liberty I have taken in being thus expUcit -with your Lordships wdU be favorably considered. I have the Honour to be My Lords Your Lordships Most obedient and most humble Servant, Era. Bernard 1758] ADMINISTK.\.TION OF GOVERNOR BEliNARD. 137 Letter from Governor Bernard to the Lords of Trade relating to the necessity, should the War continue, of a special Power from His Majesty for raising Money. [From P. R. O, B, T, New Jersey, Vol, 8, 1, 77,] Perth Amboy Sep. 15. 1758 To The R* Honble The Lords Commissioners for Trade and Plantations My Lords As I could not get this Letter on board the Packet Boat before it sailed, I have an opportunity to add a very material postscript to it. Your Lordships will observe that I was uncertain of the probable expence of next year, and therefore was doubtfuU whether J24000 to be raised in the manner I have mentioned, would be sufficient to maintain the same force that we have on foot this Year; And I imagined that it would be greatly insufficient. Since this I have got from one of the Commissioners for the present Eegi ment an Estimate of the Expence of supporting the same Eegiment for the next campaign, which, as it was made out in haste may be deficient, but must certainly amount to the Sum charged. And your Lordships wiU observe that there is an exorbitant sum charged for Levy Money, which must also be charged next Year for future Levies, if the Eegiment should be disbanded on the 15'" of November next for which time only it has been raised. But if the Assembly would consent to reinlist them (for that is necessary) Sc continue them for a whole year (unless I shaU see occasion to disband them sooner) it would save according to my calculation, near £4500. But as I cannot promise that they wiU do so, the Expence 138 ADMINISTRATION OF GOVERNOR BERNARD. [1758 must be considered as if the Eegiment was to be new raised. The Expence of the Frontier Guard I have estimated from former Acts which I beUeve correspond -with the present which is not now before me and I beUeve is pretty exact. From all this Your Lordships -will observe that if the War is to continue, and we are to exert the force of our pro'vince there wiU be occasion for £42000 extra ordinary to be raised for the next year: And, as I have before shown to Your Lordships, according to the Eule of sinking the money in five years and supposing that the province can bear no greater annual charge than has hitherto been laid on it We can raise no more than £24000, and therefore, if the same Services are expected from this pro-vince which they have per formed this year there wiU be occasion for a special power from his Majesty to raise the money necessary for such services. I must therefore on behalf of the Province humbly desire that your Lordships would be pleased to interceed with his Majesty that he would graciously grant a special Instruction to me to raise by Bills of Credit on the same terms with those already enacted and now current to be sunk in the years 1764 (fe 17ti5 a Sum not exceeding £40000 to be applyed to his Majestys especial Service in the prosecution of this War I am My Lords Your Lordships most Obedient Sc most humble Servant Era. Bernard 1758] ADMINISTRATION OF GOVERNOR BERNARD. 139 Letter from Governor Bernard to the Lords of Trade, giving an account of the Conferences held at Eas ton with the Chief Sachems and Warriors of sev eral nations of Indians. [From P. E. O, B, T, New Jersey, Vol. 8, 1. 79.] Perth Amboy Oct 31. 1758 To the Right Hon'ble the Lords Commissioners for Trade & Plantations. My Lords Before I set out for the Indian treaty at Easton I wrote to your Lordships a Letter concerning the means of raising more Money for the further Service of his Majesty Sc inclosed a state of the provincial debt Sc an estimate of the Money that wiU be wanted Next Year, aU which together with the Acts of Assembly Sc Votes Sc the return of the Naval officer, I put on board the HopeweU Snow Everston Comm'', I having been disappointed in sending these things by the packet, by the sudden Manner in which she was sent away, I also before I left Amboy sent another packet enclosing the Acts of the Council during my time (fe also the Acts of Council Acts of Assembly (fe votes during the Presidents Adm'ion, w-hich last I find are now at New York waiting for a passage. As to the papers which I sent by the HopeweU I propose to send duplicates by the next packet boat. Being now returned from Easton (fe having brought aU the Indian affairs of this Province to the best set tlement they are capable of at present, I shall trouble your Lordships -with a short account of what has been done on this occasion intending nevertheless to send 140 ADMINISTRATION OF GOVERNOR BERNARD. [1758 your Lordships Copies of the Minutes of aU our pro ceedings (fe by this Packet, if it is not too quick for me. When I came into the Province, I found it subject to two general Indian claims: the one being from the Delawares Sc several other Indians on the Southern parts of the Province; the other of the Minissinks &, Opings or Pumptons on the Northern parts. The for mer was put in a good Way of Negotiation the Indian claimants having appointed 5 Indians their attorneys to act for them with full powers to release Scc, The latter had produced an Indian War or rather had afforded a pretence for the Indians making an irrup tion, of which I ad-vised your Lordships in my first Letters from hence. I also advised your Lordships that I had soon after my arrival sent a message to the Minissinks expostulating with them concerning their hostiUties, Sc inviting them to BurUngton to declare their greivances if they had any. At the meeting of the Assembly An Act was passed for granting £1600 for the satisfying the IncUan claims Sc 6 Commissioners appointed (of whicli two were of the CouncU) to act, with my consent, for that purpose. In regard to the Southern claim the Indian Attornies agreed to accept of Lands for them to settle on in lieu of the lands claimed by them. And accordingly a tract containing 3000 Acres has been purchased Sc conveyed to me & the Commissioners in trust for the Indians etc in con sideration of which they have released all their clairas to the lands Southwarci of the Earitan. And Notice has been given that All Indians that propose to reside in this Province (which according to an exact return made to me are now about 270) must resort to that tract of land which is extremely convenient for their purpose having a large Wast adjoining to it for their hunting Sc a passage to the Sea for fishing: And We 1758] ADMINISTRATION OF GOVERNOR BERNARD. 141 are going to build a Town for them, there being a Saw MiU allready there Sc a grist MiU is immediately to be erected. This Place is in the County of Burlington & adjoining to the barren Pine Land Sc out of the Way of Communication with the wilder Indians. Thus has the Southern, claim been settled to the best advantage of both parties. As to the Minissink claims I have before informed your Lordships that at Burlington I received Messen gers from the Senacas Sc Cayugans on the behalf of the Minissinks inviting me to meet them at the Treaty at Easton. And to that Place have I been carried by this business as well as by the particular desire of Gov' Denny that I would attend to assist him in the general Work of pacification. For a particular Ac count of this great Work 1 must refer your Lordships to the Minutes of the proceedings there, which I hope I shaU get to accompany this Letter. In regard to the present business I need only say that by the mediation of some of the Chiefs of the united Nations I have come to an Agreement with the Minissinks Scc & have paid them 1000 dollars, in consideration of which they have by deed released aU their claims to the Province of New Jersey, And this deed, as also the other deed of the Delawares has been witnessed by some of the chiefs of the united Nations Sc both have been pub- Usht in the presence of the 8 umted Nations (fe the several other Nations adjoining to this province as a fuU acquittal & discharge of aU Indian claims upon the province of New Jersey : And the united Nations have received from me a large belt as a perpetual Memorial of this transaction. But I do not think that I have yet compleated this business : for tho' the Indians should be in earnest in their professions (as I beUeve they are), yet, if there is not a proper intercourse carried on between them & 142 ADMINISTRATION OF GOVERNOR BERNARD. [1758 the English, they will probably change their minds. In order therefore to contribute what this Province can do towards estabUshing a good correspondence -with the neighbouring Indians I intend, with the Assistance of the Assembly to erect a trading fort on the Most Northerly point of the Province. Every person that I have spoke to on this Subject, {Sc I have advised -with some of the most knowing Persons on the continent) approve greatly of the design as highly conducive to the public Service Sc not unbeneficial to the interest of the Province. And, as I hope, I shall have nothing to ask of the Assembly but the erecting a fort Sc garri soning it the rest being, as I am advertised, to be effectually done by private Subscription, I persuade myself that I shall certainly bring this salutary work to perfection. After which I can Venture to assure the People that they wiU not probably be harrast again by Indians, unless there should be an extraordinary turn of the affairs of the Continent, which (thank God) at present We have not the least room to fear. I have thought proper to give your Lordships this short Account of what has been done in regard to the Indian Affairs particularly relating to this Pro-vince. For the rest I must refer your Lordships to the papers which I shall send wit h_ this or soon after it. ' I am My Lords Your Lordships most obedient (fe most humble Servant Era. Bernard 1758] ADMINISTRATION OF GOVERNOR BERNARD. 143 An Estimate for raising, paying and clothing a Regiment of 1000 men, the Bills of Credit out standing and fhe amount sunk each year. [From P, R, O, B. T, New Jersey, Vol. 8, 1, 73,] An Estimate for Raising Paying and Cloathing the Ne-w" Jersey Regiment of 1000 men for 8 months in 1759, taken from the Accounts in 1758. Bounty money for 970 men at £12 ... . 11640 Cloathmg(fec . . . 8340 Officers (fe mens pay for 8 months .... 14305 Total of the Eegiment An Estimate for paying Sc Subsist ing 200 men for the defence of the Frontiers for one year (fee For the pay of a Major a Cap tain 6 Lieutenants 8 Ser jants and 8 Corporals . 1149 15 Por 176 private men . 5160 — Subsisting 200 men . . 1181 5 Subsisting 50 dogs necessary for that particular service 114 1 34305 16 Total of the Frontier Guard Total of the Charge of these two Services (Contingences Sc Omissions accepted) 7605 1 3 41910 17 144 ADMINISTRATION OF GOVERNOR BERNARD. [1758 An Account of the BiUs of Credit .Outstanding in the Province of New Jersey on the 21"' of Novemb'^ 1758. In the year 1763 there was outstanding in BiUs of Credit issued in the Late War the Sum of £15302 0 4 (fe in June 1753 an Act was passed for sink ing the said Sum by Annual Pay ments of £1530 4 o| for 10 years. The first payment to be on Nov 21'' 1754 Of this remains the Sum of 7651 — 1} In April 1755 was emitted the sum of £15000. for raising Scc 500 men for his Majestys Service to be sunk by yearly payments of £5000 the first t(5 be made Nov 21"' 1757 of this re- mams the Sum of . In August 1756 was emitted the Sum of £15000 for the further supply of the Forces to be sunk by yearly pay ments of £6000 the first to be made Novemb 21 1758. Of this Eemains the Sum of In Decemb"' 1755 Was emitted for the Forces for the Defence of the fron tiers Sc building forts to be sunk Nov' 21, 1761. The Sum of . . . In June 1756 Was emitted for the further Supply of Forces (fee £2500 to be sunk NovT 21'.' 1761. & £15000 Novf 21" 1762. The Sum of . . . 5000 10000 10000 0 0 17500 In April 1757, was emitted for his Maj estys Service to be sunk Nov 21',' 1703 the sum of .... And in June 1757 was emitted for the 50151 — li 10000 1758] ADMINISTRATION OF GOVERNOR BERNARD. 145 said Service to be sunk at the same time the sum of ... . In Octob' 1757 was emitted for his Maj estys Service to be sunk by annual payments of £5000, the first to be made Nov^ 21 1768 the sum of In AprU 1758 was emitted for his Maj estys Service to be sunk by annual payments of £10000 the first to be made NoV 21" 1774. the Sum of . In August 175 S was emitted for raising (fee forces for the Defence of the Frontiers then actuaUy Invaded Sc Building another fort to be sunk Nov 21. 1760. the Sum of 5000 30000 50000 10000 155151 — li An Account of the Charge upon each Year for sink- mg the Provincial Debt of New Jersey from Novemb'^ 1758. 1759 For sinking the Eemainder of the £15302. Outstanding in 1753 . For sinking the .Eemainder of the £15000. emitted AprU 1755 . 5000 For sinking the Eem' of the £15000 emitted August 1755 . 1530 4 i 5000 — Total . . • • 1760 For smking the Eeml' of £15302 in 1753 For sinking the Eem^' of £15000 in Aug' 1755 For sinking the Eem' of £10000 emitt" Aug' 1758 . . ¦ • Total 11530 4 i 1530 4 i 5000 10000 16530 4 i 10 146 ADMINiSTRATION OF GOVERNOR BERNARD. [1758 1761 For sinking the Eem^' of £15302 in 1753 1530 4 i For sinking £10000 emitted Dec' 1755 10000 For sinking part of £17500 emitf June 1766 .... 2500 Total .... 14030 4 i 1762 For sinking the Eem' of £15302 in 1753 1530 4 i For sinking the Eem'' of £17500 em** June 1756 .... 15000 Total . . . 16530 4 i 1763 For sinking the Eem': of £15302 in 1753 15^0 1| For sinking £10o0u emitt" AprU 1767 10000 For sinking £6000 emitt" June 1757 5000 Total .... 16530 4 i 1764, 1765, 1766, 1767, There is no charge upon these Years except the Ordinary Supiiort of Govern ment which is to be added to the Charge of each other year. 1768 For sinking part of £30000 emitt" Octob 1757 .... 5000 — - 1769 For sinking the same . . . 5000 — 1770 For sinking the same . . 5000 — 1771 For sinking part of £30000 emitt" Octo 1757 5000 1772 For sinking the same . . . 5000 1773 For sinking the remainder of the same £30000 .... 5000 1774 For sinking part of £5u()()0 emitted Ap' 1758 10000 1775 For sinking the same . . 10000 1776 For sinking thesame . . . 10000 1777 For sinking the same . . J OOOO 177s For sinking the Eem'.' of the same £50000 10000 1758] ADMINISTRATION OF GOVERNOR BERNARD. 147 Representation to the King from the Lords of Trade, inclosing Copies of Letters and Papers received from Governor Bernard, relative to a Law for issuing Bills of Credit without a suspending Clause. [From P. R, O. B, T., New Jersey, Vol, 16, p, 257,] To THE King's most Excellent Majesty. May it pleasure Your Majesty. Having lately receiv'd Letters from Francis Bernard Esq' Governor of New Jersey dated in Aug'' and Sept' last, stating that in case it should be required of the said Colony to furnish any Number of Troops for His Majesty's Service in the ensuing Year, there will be a necessity for reasons contained in his Letter, that he should be empower'd to assent to a Law for issuing a certain quantity of paper- BiUs of Credit, without a Clause suspending its Execution untiU your Majesty's Pleasure can be known. We think it our Duty hum bly to lay before Your Majesty annexed Copys of the said Letters and also a Copy of a Message from the House of Eepresentatives of that Province to the Gov ernor upon this subject. We must humbly beg leave at the same time to represent to your Majesty, that the propriety or Impropriety of complying with the Governors Eequest, appears to Us to depend upon what shaU be your Majesty's Orders and Eesolutions with respect to the Extent and the Mode of carrying on the Operations of your Majesty's Arms in America in the next year. And it is Our humble Opinion, that if your Majesty should think proper to require of the said Colony to furnish any number of Troops for the General Service in America in the ensuing Year, there wiU be a necessity either of altering Your Majesty's 148 ADMINISTRATION OF GOVERNOR BERNARD. [1758 Instructions to the Governor, by permitting him to assent to a Law for issuing a certain quantity of Paper Bills of Credit without a suspending Clause, or to acquiesce in a Breach of the said Instructions as has been done in the neighbouring Colonies of New York and Pennsylvania, where the Governors have upon a Presumption of the necessity of the Service, provided for such Service, by passing Laws for issuing Paper Bills of Credit without suspending Clauses, and con trary to the Tenor of your Majesty's Instructions with respect to the duration of the Currency of such BiUs. Under these Circumstances, and in this Case, We cannot but be of Opinion that it.would be more for Your Majesty's Interest and the Advantage of the said Colony, to alter the Instructions than tacitly to acquiesce in a Breach of it, in as much as in the one case the Quantity of the Sum to be issued as well as the Limitations and Eestrictions under which it is to be issued may be ascertained, whereas in the other case the Legislature there wiU be left at large to issue it under such Eegulations both with respect to the Nature of the Security and the duration of the Currency of the Bills as they shaU think proper, which may operate to the Prejudice of the Colony, of the Trade and Commerce of this Country, and of Your Majesty's Colony's and Plantations in General. Which is most humbly submitted Dunk Halifax. James Oswald. Whitehall W. G. Bamilton. DeC:' 7, 1758 W. Slopek. 1758] ADMINISTRATION OF GOVERNOR BERNARD. 149 Extracts from a letter from Secretary Pitt to Govern or Bernard, of New Jersey, urging preparcdions for the invasion of Canada. [From New York Colonial Documents, Vol, VII,, p, 350,] [This Circular from Secretary Pitt to the Governors of Massachusetts , Bay, New Hampshire, Connecticut, Ehode Island, New York, and New Jersey, is dated at WhitehaU, 9 December, 1758. After alluding to the great advantages gained during the last Campaign, and to the King's Confidence in his faithful and brave subjects in the American Colonies, he says :] * * * * J j^^ Commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours and influence with the Council and Assembly of your province, to induce them to raise with aU possible dispatch, within your Govern ment at least as large a body of Men as they did for the last Campaign, and eveu as many more, as the number of its inhabitants may allow; and forming the same into Eegiments as far as shaU be found con venient, and that you do direct them to hold them selves in readiness as early as may be to march to the rendez-vous at Albany, or such other place, as his Maj'P Commander in Chief in America shaU appoint in order to proceed from thence in Conjunction with a body of the King's British Forces, and under the Supreme Command of his Maj'^'" said Commander in Chief in America, so as to be in a Situation to begin the Operations of the Campaign by the 1" of May if possible, or as soon after as shaU be any way practica ble, by attempting to make an irruption into Canada, as above, by the way of Crown Point, and if found practicable to attack either Montreal or Quebeck, or both of the said places successively. * * * * And 150 ADMINISTRATION OF GOVERNOR BERNARD. [1758 the better to faciUtate this important Service, the King is pleased to leave it to you to issue Commissions to such Gentlemen of your prov'", as you shaU judge from their weight and credit with the people, and their zeal for the pubUc Service, may be best disposed and able to quicken and Effectuate the speedy levying of the greatest number of men. * * * The King is further pleased to furnish aU the Men, so raised as above, with Arms, Amunition and Tents, as weU as to order provisions to be issued to the Same by His Maj'?"'^ Commissaries, in the same proportion and manner as is done to the rest of the King's forces. A sufficient Train of ArtiUery, will also be provided at His Maj'^'' expence for the Operations of the Cam paign, and the Ship, that Conveys this, carries orders for timely providing, at the King's charge, with the utmost diUgence, and in an Ample Manner, boats and Vessels necessary for the transportation of the Army on this Expedition. The whole therefore that His Maj''' Expects and requires from the Several Provinces, is, the levying cloathing and pay of the Men. * * It is His Maj'^'" pleasure, that you do, with particu lar diligence, immediately collect, and put into the best condition all the arms, issued last Campaign, which can be, any ways, rendered serviceable or that can be found within your Governt', in order that the same may be employed, as far as they wiU go, in this Exigency. I am at the same time to acquaint you, that a reasonable supply of arms will be sent from England, to replace such, as may have been lost, or have become unfit for future Service. * * * I am ettc, W. Pitt. 1758] ADMINISTRATION OF GOVERNOR BERNARD. 151 Order of the King in Council approving the appoint ment of Charles Read and John Smith as members ofthe New Jersey Council in place of John Read ing and Thomas Leonard. [From P, R, O, B, T, New Jersey, Vol, 8, 1. 78.] At the Court at St. James's the 12™ day of December 1758. Present The Kings most Excellent Majesty in Council. Upon reading this day at the Board, a Eepresenta tion from the Lords Commissioners for Trade and Plantations setting forth. That John Eeading and Thomas Leonard Esq''? two of His Majestys Council in the Province of New Jersey, have desired leave to re sign their Seats at that Board, on Account of their Age and Infirmaties; and that Charles Eead' and John Smith Esq":" have been recommended to them as Per sons every way qualified to serve His Majesty in that Station; The said Lords Commissioners therefoi'e propose, that they may be appointed of His Majestys Council in the said Province in the room of the said ' Charles Read was CoUector of Customs at Burlington, 1733-1751, and perhaps longer, — Archives, VII, 150, 381, 650; Papers of Lewis Morris, 128. He was Secre tary of the Provmce, at least from 1748 to 1760, and was again commissioned Secretary, February 16, 1783, In 1748 was recommended by Governor Belcher for a seat in the Council,— .irc/ii^es, VII, 139; VIII, Part 3, p, 257; Book AAA of Com missions, Trenton, fol, 339, 366. Judge Field says he held the place of second Judge of the Supreme Court for some months prior to the death of Chief Justice Morris, in January, 1764 ; he was appointed to succeed the latter, but in October was displaced, and occupied again the position to which he had been appointed in 1749, The appointment was recommended by Lord Stirling, but was severely criticised by William Smith, the historian, — Provincial Courts of New Jersey, by Richard S, Field, 1849, p. 158; Life of Lord Stirling, by WiUiam A. Duer, 1847, p. 80.— [W. N,] 152 ADMINISTRATION OF GOVERNOR BERNARD. [1759^ John Eeading and Thomas Leonard' — His Majesty in Council approving thereof, is pleased to Order, as it is hereby Ordered, that the said Charles Eead and John Smith Esq'? be constituted and appointed Members of His Majestys said Council in the Province of New Jersey, in the room of the said John Eeading and Thomas Leonard Esq'!"; And that the said Lords Com missioners for Trade and Plantations, do cause War rants to be prepared for that Purpose, and lay the same before His Majesty at this Board. W. Sharpe Letter from the Lords of Trade to Governor Bernard, in answer to several communications from him. [From P, R, O. B, T,, New Jersey, Vol. 16, p. 263.] Whitehall Feb'ry 8 1759 To Francis Bernard Esq" Governor of New Jersey. Sir, We have receiv'd your Letters to Us dated the 20"" June, 3" of July, 14'" & 31^' of Aug?? 15'" Septem' & 31" of Oct^ last, with the several papers transmitted with and referr'd to in them. The Situation in which you found the Province upon your Arrival, its Frontiers ravaged by a cruel and 1 Thomas Leonard came from Massachusetts, where his famUy had been smce 1633, and settled at Princeton probably as early as 1710, He soon became a very large land owner in that section of New Jersey. " He was a man weU educated for those days, and possessed as much if not more public spirit than any of his con temporaries in the community. He was almost continuaUy in office, some time Presiding Judge of Common Pleas iu Somerset County, and for nearly a quarter of a century he served as a member of the Colonial Legislature at various sessions between 1723 and 1744 from Somerset County. He was a member of the eighth General Assembly, held at Perth Amboy, He died in VlZ^."—History of Princeton and its Institutions, by Johu F. Hageman, 1879, I, 43-D; Savage's Genealogical 1759] ADMINISTRATION OF GOVERNOR BERNARD. 153 merciless Enemy, was such, as call'd upon youto enter immediately into the most vigourous Measures to put a Stop to an Evil that had already spread terror and Desolation amongst the Inhabitants. It gave us great Pleasure to find that the Measures you took for this Purpose, had so good an Effect, and it is Our Duty to express Our Approbation of them as weU of every other Step you have taken, as weU at the Treaty at Easton as since, to prevent the like Distresses for the future by a fair and honest Satisfaction given for the just Claims of the Indians, and by endeavour ing to remove every Occasion of future Quarrel and discontent. The share which the province under your Government had in the Transactions at Easton gives Us the greatest Satisfaction, that part of it which more particularly concerns them We much approve of, hoping that the whole wUl have a good Effect to ter minate our Differences with the Indians, which have been attended with such dreadfuU Calamity to the middle provinces. We have recommended Mess'? Smith and Eead to His Majesty to supply the Vacancies in the CouncU occasion'd by the Eesignation of MessV? Eeading & Leonard, His Majesty has been graciously pleas'd to approve Our Eecommendation, and has sign'd the proper Warrants for their Admission, and We hope they wiU by their Conduct and Zeal for the Service prove themselves worthy of the honour which has been done them. The Arguments urg'd by you in your Letters of Aug?? and Sept' last, to evince the necessity and pro priety of an Alteration of your Instructions concerning Dictionary of New England, 1861, HI, 78, Mr. Leonard was recommended in 1718 for a seat in the CouncU, and again In 1745, when he was appointed.— ^rc/iiues, IV, 337; lb., VI, 233, 238, He was a Presbyteiian, was one of the flrst trustees of Princeton College, appointed by Govemor Belcher m 1748; was Chairman of the first Building Committee, and laid the corner stone of Nassau HaU in VIU.— Hist. Coll. ofNeio Jersey, by Dr, Maclean, 1877, pp, 47, 104, 146.— [W. N.] 154 ADMINISTRATION OF GOVERNOR BERNARD. [1759 paper Bills of Credit, in Case his Majesty should think it necessary to require any further Services from the province in the ensuing year, were such, as appear'd to Us to require a very Serious Consideration. We accordingly enter'd upon the Consideration of this im portant Business without Delay, and having laid your Letter & papers upon this subject before His Majesty with Our humble Opinion upon them, We have this day receiv'd an Order of Council to prepare an Additional Instruction to you conformable to that Opinion, which wiU be dispatch'd to you as soon as it can pass thro' the necessary forms of Office, and will we hope arrive in time to free you from the Difficulty & Embarrassment you lay under from your Instructions as they now stand. We have now answer'd the principal points contaia'd in your Correspondence with us, but before We close our Letter it will be necessary for us to say a Word or two upon the very irregular manner in which the Acts of New Jersey for raising money for the extraordinary Services of the War, appear to us to be fram'd. By the Constitution of the Government of the Colonys, which is made as near as may be agreable to the plan and Form of the Constitution of the mother Country, all executive powers of Government are vested in the Crown and delegated to its Governors : the people have by their Eepresentatives the power of granting and appropriating all public money whatever to be rais'd for publick Services, and the mode of issuing and applying it to such Services to which it is appro priated, is by Warrant of the Governor, with the Con sent of Council, the persons appointed to receive and pay such Money are and ought to be accountable to the Crown, and their Accounts be Audited and pass'd by such Officers of the Crown as are by law estabUsh'd for that purpose. Most, if not aU of the Laws pass'd here which regulate and prescribe the mode of passing 1759] ADMINISTRATION OF GOVERNOR BERNARD. 155 Accounts of public money, and contain Checks upon those intrusted with it, extend to the Colonys, and many other additional Securitys have been added, adapted to their particular Situation and Circum stances, but by the nature and form of the Laws pass'd in New Jersey, all those powers and prerogatives of the Crown on the one Hand and the Security to the Eights and properties of the Subject on the other, are set aside. Commissioners are appointed for carrying into Execution, independent of the Governor, aU the purposes of the Acts. The Treasurers are authoriz'd and directed to issue into their hands whatever Sums they shaU require, without the Warrant or Interposi tion of the Governor, and those Commissioners and other Officers are made accountable to the Assembly only, which is by act vested with a power of passing, allowing or disaUowing such Ace'? without further or other Check or Comptrol. Such proceedings as these, must, in the end terminate in a total Disarrangement of Govern' and at once deprive the Crown of its just and legal Authority, and the Subject of that Security vhich Law and the Constitution have estabUsh'd for his Eights & property, and therefore, We sincerly hope that you wiU have it in your power by a just, fan- & candid Eepresentation of this matter, to prevail upon the people to desist from such Uregular provisions for the future, and conform with more propriety to what is the true principal of their Constitution & orig! Form of Govern? We are Sir Your most obed? hum''J'= Serv?' Dunk Halifax Eich'? Eigby W. Sloper. 156 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Report of the Lords of Trade to the Lords of the Privy Council, with the draft of an Instruction to Gov ernor Bernard, relative to the passing paper Bills of Credit. [From P. R. O. B, T, New Jersey, Vol. 16, p. 371,] To the E* Hon^!'^ the Lords of the Commf of His Majesty's most Hon''?^ Privy Council for Plantation Affairs. My Lords, Pursuant to your Lordships Order made on the Y"" instant upon Consideration of Our humble Eepresent ation to His Majesty of the T"" of Deeem!' last, humbly proposing that for the Eeasons therein contained an Alteration should be made in the Instruction given to Francis Bernard Esq? Governor of New Jersey, where by he is restrain'd from passing Acts for issuing BiUs of Credit, We have prepared the Draught of such an Instruction as We think proper to the said Governor upon this Occasion ; and We beg Leave herewith to lay the said Draught before your Lordships.' We are My Lords Your Lordships most obedient and most humble Serv'.^ Dunk Halifax. James Oswald. Soame Jenyns WhitehaU Febry S. 1759. W. G. Hamilton Instructions to Our Trusty and Welbeloved Francis Bernard Esq? Our Captain General & Governor in Chief in and over Om- province of Nova' Csesarea or ¦ This report approved by the Privy CouncU February 10, 1759.— Ed. 1759] administration of governor Bernard. 157 New Jersey in America, or to the Commander in Chief of Our said Province for the time being. Given at , Our Court at S? James's this day of 1759, in the thirty second Year of Our Eeign. Whereas by the 22" Article of Our Eoyal Instruc tions to you you are strictly charged and Commanded not to give your Assent to any Act in Our Province of New Jersey under your Government, wliereby BiUs of Credit may be struck and issued in Lieu of money, unless you take Care that a Clause be inseited in such Act, declaring that the same shaU not take Effect un tUl it shaU have receiv'd Our Eoyal Approbation and AUowance: and whereas it may be necessary for Our Service that the Eigiment of one thousand men, which has been rais'd from year to year by Our province of New Jersey, should be further continued, which, as it has been humbly represented to Us, cannot be done without a further Emission of Paper Bills of Credit, there being no other means of defraying pubUck Charges: It is therefore Our Will & Pleasure and you are hereby authoriz'd and impower'd to give your Assent to any Aet or Acts to be pass'd in Our said province for issuing the further Sum of Forty thousand pounds in paper BiUs of Credit, to be applied to the raising, subsisting and maintaimng of one Eegiment of one thousand Men, to be employ'd for Our Service in North America in such manner as We or Our Com mander in Chief of Our Forces shall think fit to direct & appoint; and also to the raising, subsisting and maintaining of two hundred men, to be divided into three Companies, and employ'd in the Defence and protection of the Frontiers of Our said province. Pro vided always, that you do take especial Care that in such Act or Acts proper and sufficient Funds be pro vided and estabUsh'd for sinking and discharging the said BUls of Credit so to be issued, in the years 1764 & 1765 at farthest. 158 ADMINISTRATION OF GOVERNOR BERNARD. [1759 And whereas in the acts pass'd of late years for rais ing Money for the publick Service of Our Province of New Jersey, a very irregular practice has prevailed,. of nominating Commissioners for carrying into Exe cution the several Services thereby directed, which Commissioners and other Officers named in the said Acts are thereby authorized to draw out of the Hands of the Treasurer such Sums as they shaU, Judge necessary, without the Warrant of Our Governor or Commander in Chief of Our said province for the time being, with the Consent of Our Council, and without being made accountable for their Conduct in the appli cation of such monies, in such manner as is prescrib'd by Law and by Our Eoyal Instructions to you in that behalf ; by which means all the Checks which have been so properly estabUsh'd for the Support of Our just Authority and for the Security of the Eights and properties of Our loving Subjects, are set aside: It is therefore Our express Will and Pleasure that you do not, upon pain of Our highest Displeasure, give your Assent to any Act for raising money for the above mention'd purposes, in which Commissioners shaU be nam'd for carrying into Execution the several Ser vices thereby directed, (unless such Commissioners shall have been previously nominated or approv'd by you) or by which the several Sums thereby granted shall be directed to be issu'd and appUed to the Services to which they shaU be appropriated, otherwise than by your Warrant, by and with the Advice and Con sent of Our CouncU, to be accounted for unto Us and Our Commissioners of Our Treasury or Our High Treasurer for the time being, and audited by Our Auditor General of Our plantations or his Deputy for the time being, according to the Directions of the 20"" Article of Our Eoyal Instructions to you in that behalf. 1759] ADltiNISTRATION OF GOVERNOR BERNARD. l59 Speech of Governor Bernard to the Legislature of New Jersey, March 6, 1759. [From P, R, O, B. T., Vol. 24, No, 24.] Gentlemen of the Council and Gentlemen of the General Assembly. I have had the honour to have His Majesty's com mands Signified to me by Mf Secretary Pitt; by which I am required to use my utmost endeavour to induce you to raise, with all possible dispatch at least as large a Body of Men as you did for the last campaign and as many more as the Number of the inhabitants of this Province may allow, to act in conjunction with His Majesty's British Forces under the command of his commander in chief in America. I have therefore called you together as soon as I Possibly could ; that you may take this great and Important business into your immediate Consideration. When we reflect upon the happy success that has lately attended his Majesty's Arms, we cannot Suffi ciently Adore the divine Providence. The Justness of his cause and the steadiness and unanimity of his Councils have produced the desired effects; and have shown that France is not so formidable as her own in solence and the timidity of her neighbours have repre sented her. In Europe by the extraordinary virtue of one Man, the great and glorious King of Prussia, Supported moderately by Great Britain we have seen the whole land force of France, assisted as it has been by its un natural aUiance with most of the Germanic & Northern Powers, repulsed and Kept at bay, by which lucky diversion whilst they have been defeated and disabled in those fields where they chose to exert their force they have rendered themselves defenceless in all other 160 ADMINISTRATION OF GOVERNOR BERNARD. [1759 parts. Hence a Terror has been Struck throughout their coasts, their fleets have been blocked up; their fortifications have been dismantled, and their Shipping has been destroyed in theU own ports; and their trade has been ruined by the cutting off their communica tion with their Colonies abroad. In Affrica they have lost the rich settlement of Sene gal; in the West Indies, we have just receiv'd certain advice that the valuable Island of Guadaloupe has been taken by our forces. In North America their only fortress of any great strength fortified to the, best ad vantage defended by a large garrison, and provided with all necessary stores has been obUged to submitt to the British Arms. And tho' another expedition had not the Success that Vvas expected yet that disappoint ment was ahnost immediately after retreived by the taking of fort Frontinac, by a Detachment of Provin cials: an event which, if it had produced no other ad vantage, than the change it has contributed to in the Minds of the neighbouring Indians, is of the greatest importance. Nor have our negotiations in America been less suc cessful than our Arms, at the Treaty of Easton (which was brought about by the wise measures of the Gov ernor of Pensylvania and in which this Province bore a considerable and honourable part) a firm peace has been concluded between the confederate Indians with Nations dependant on them, and the English; and aU matters of difference between them have been amicably and f uUy adjusted In consequence of which, by the prudent and Steady conduct of Brigadier General Forbes, the French have been obliged to abandon the Country about the Ohio; aud those very Indians who had hitherto Defended them in the possession of it, have received the EngUsh and desired to be restored to that good friendship which they formerly had with them. We are also assured by them, that many Na- 1759] ADMIISriSTRATION OF GOVERNOR BERNARD. 161 tions to the Westward and Southward of that Country intend to take this opportunity to put themselves under the protection of the British Empire; some renewing & others now first commencing an Alliance with the EngUsh Nation. Under those circumstances what have we not to hope for ? the forces that were before necessarily divided may now be conveniently united, and the Sub- duer of Louisbourgh is to Command the Invasion of Canada. With this fair prospect before you, you wou'd be injurious to yourselves as well as ungreatfuU to your King if you should not contribute aU in your power to the Common cause. Gentlemen of the General Assembly — I shaU order the letter I have receiv'd from M'' Pitt and one from Major General Amherst to be laid before you, under the Confidence expressed in them that no unnecessary communication of the designations men tioned therein shaU be made, I shaU also communicate to you some extracts from other letters from General Amherst, from all which you will perceive that it is expected that you will send into the field, this year a greater force than you did last: I must therefore earnestly recommend to you that if you think the cir cumstances of the Province will possibly admit of it, you wUl make an Addition to the Number of the forces granted by you Last year: I shall have other things to recommend to your consideration : but till you have formed your resolutions on this business, I shall not interrupt it with any lesser concerns. Gentlemen of the Council & Gentlemen of the Gen eral Assembly — I shou'd trifle with you if I was to endeavour to use any arts of persuasion on this subject; Your own breasts will furnish you with more forcible arguments for exerting yourselves to the utmost of your Power at this critical tune, than I can suggest; every motive 11 162 ADMINISTRATION OF GOVERNOR BERNARD. [1759 that can influence the human mind to action must m- cite you to this: Your honour your Interest your religion, your property; your present Safety and the preservation of your posterity. In short if you have a mind to have the freedom and independence of your Country to all future times the present is that, in which it must be Effected. Answer of the General Assembly, March 14. To his Excellency Francis Bernard Esqr Cap tain General & Governor in chief in and over his Majesty's Province of New Jersey & Territories thereon Depending in Amer ica ChanceUor & Vice Admiral in the Same &c May it Please your Excellency We His Majesty's dutifuU and Loyal Subjects the Eepresentatives of the Colony of New Jersey in Gen eral Assembly Conveined have taken M' Secretary Pitts Letter into Consideration and in pursuance of the Methods proposed have without Loss of time gone through the Necessary measures for Corapleating the Levies with all the expedition that the Nature of the Case seems to require We concur with your ExceUency that the happy Success which has lately attended His Majesty's Arms is a Sutficient Cause to adore the Divine Providence. Those who can soon forget the Differrence between the Situation of things now and but a little time past must let very distinguishing Turns of Superior direction Soon escape their Notice; and but unthankfuUy receive the blessings that infinite wisdom has been pleased to render very Conspicuous among our fellow Subjects of the English Nation, a memento that to a Considerate mind is not less extraordinary in its Nature, than it is a Standing Obligation to VigUance Sc gratitude. 1759] ADMINISTRATION OF GOVERNOR BERNARD. 163 When we reflect upon the late happy change, as restricted to Indian affairs the part your Excellency bore in the promoting and afterwards in the happy execution of the Treaty at Easton, and this tho' almost one of the first Acts of your Government, and against very Popular prejudices, we must Acknowledge your ExceUency is entitled to the thanks of the Public; The event has proved the wisdom of the action, and we hope the Success will StiU continue to evince its utUity. As it was but just to repair an oversight respecting Indian purchases in this Province, if any such there were; we cannot therefore but approve of your Excel- lencys Conduct in conjunction with the Commissioners for Indian affairs, and with Pleasure reflect that whatever Omissions there may have formerly been, the same are now compleatly Supplied And the whole Province (except a smaU claim of Tatamies and such land as the Indians hold by EngUsh Titles in the manner common to aU Freeholders) entirely exempted from Indian Claims both to our and their fuU satis faction By Order of the house Samuel Nevill Speaker House of Assembly March 14'^' 1759 Address of Governor Bernard to the Legislalure, March 15, 1759. [From P. R. O, B. T., Vol, 34, No. 24.] Gentlemen ofthe Council & Gentlemen ofthe General Assembly. I thank you for the Speedy dispatch of this impor tant business. The readiness and unanimity with which you have proceeded therein are manifest proofs of your duty to the King and Zeal for his Service. I 164 ADMINISTRATION OF GOVERNOR BERNARD. [1759 am Sensible that the Proportion of your Contribution to the common cause ought not to be reckoned by the Number of your forces only. The manner in which you cloath and furnish them and the PunctuaUty with which you compleat your Numbers (in both which you exceed almost all other Colonies) make your Men both more expensive and more Servicable; And the large Sums you are obUged to raise for this Purpose wiQ, I hope Sufficiently prove that your efforts on this occa sion are the greatest that you think the circumstances of the Province will bear. In this Ught I shall represent you to such of his Majesty's Ministers as I shaU have the honour to write to Gentlemen of the general Assembly When I spoke to you at the opening of this Session, I told you, that as soon as you had formed your resolu tions on this business I shou'd have other things to recommend to you. Accordingly I now propose to you to Consider of the Keeping up your frontier guard, the Provision for which will expire on the 21f of May next. It is a business that ought be well weighed: on the one hand, there is, to ail appearance a perfect Peace with the Indians in that Neighbourhood; and those at a distance have given Strong assurances of their intentions to live in friendship with the Enghsh. On the other hand you Know very well that those pro fessions, however sincere when they are made, are not always to be depended upon in their Consequences. Trifling Causes; a a misunderstanding with our people on the frontiers, a false report circulated with credit, a little advantage gained over us by the french or too quick a Progress in our advantages over them have at different times Occasioned the Indians to invade our frontiers when we have been lulled into a fatal Security trusting to the Sincerity of friendly professions and the faith of solemn Treaties. You wiU therefore con sider well whether it be advisable to leave the frontiers 1759] ADMINISTRATION OF GOVERNOR BERNARD. 165 entirely defenceless. However I shaU think it Proper at this particular time to disband the whole frontier guard: and if you shall think it necessary to Keep a guard on the frontiers they wiU be easily raised after the regiment is sent into the field. Another thing I have to recommend to you is to consider of some means to carry on a trade with the Neighbouring Indians. I have been assured by those that are well acquainted with Indian affairs that the firmest peace you can make with them wiU not be durable, unless you Keep up an intercom^se with them to their Advantage: and this is to be effected best by Trade which may be made to turn to your advantage also. This Trade shou'd be public and not private as the latter by its selfish and unconscionable conduct, frequently dose more harm than good. This pubhc Trade may be either managed by Commissioners on account of the Province or by an incorporate Company with a joint Stock with an exclusion of private traders, in either case the Trading House shou'd be fortified & garrisoned as weU to prevent surprise as to command respect. This shou'd be done at the charge of the province and in our case may be considered as part of the expences of the Trade, in the other as a bomity for the encouragement of it. Besides the Securing the affections of the Indians, other benefits must accrue to the Province from the introduction of a new branch of trade into it. This province is well Situated for aU the Purposes of commerce but at present wants both private Spirit and pubUck incouragement. For which reason I must further recommend to you that if you shou'd determine to estabUsh this trade you wou'd make it one of the Terms of it that after a certain time aU imports and exports thereof from and to great Britain shaU as much as possible be made directly and imraediately to and from some port of this Province 166 ADSilNISTRAOTON OF GOVERNOR BERNARt). [175^ Gentlemen In gives me great pleasure to find that my Service has been so acceptable to you and your constituents. I must not expect that my endeavours for the pubUck good wiU often have such great consequences as the Negotiations at Easton produced. But I hope I shall act with the same Spirit attention & industry in all other Public business as I did in that : And tho' Suc cess is not to be commanded I shall always endeavour to Deserve it. Letter from Governor Bernard to Secretary Pitt, re lating to the imanimity and despatch manifested by the New Jersey Assembly in carrying out the King's commands. [From P, B, O,, America and West Indies, Vol. 73.] Perth Amboy Mar 20, 1759 The R* Honble William Pitt Esq^ I have had the honour to receive your Letters of the 9'" of Dec' & the 29'" of Dec' Upon the receipt of the former, I called the General Assembly of the Province with aU possible expedition & laid before them his Majestys commands, as signified to me by your letter of the 9'" of Dec'. The Assembly having taken the same into their consideration proceeded , with uncom mon unanimity & dispatch, to raise their quota for the ensuing campaign: and accordingly I had passed an Act for raising 1000 men the day before I received your letter of the 29"' of Dec'' I never the less laid the latter Letter before both houses, by whom It was most thankfully received 1759] ADMINISTRATION OF GOVERNOR BERNARD. 167 As It is the Ambition of the People of this Province to be distinguished by their loyalty to his Majesty & Zeal for his Service, I must beg leave to submit to your honour, that the grant of 1000 Men is the great est Effort that this Province is able to make on the present occasion. For supposing the People to amount to between 70 & 80,000. The fencible Men would, in time of peace, be above 15000: But at present they cannot be near so many. This Country has had great drains from it: It has twice lost an entire Corps of 500 Men, who being carried prisoners to Canada & to France Very few have returned home again. It has been much drained by privateers & now has consider able di'aughts of battoe men made from it. So that I fear, It wUl be with dUficulty that We shall compleat our regiment of 1000 men. I must also add, that these Men are sent into the field in a different manner from those of most other provinces: they are completely cloathed in an hand some uniform & furnished with all necessaries; and they are muster'd to a Man: in both which articles several of the other provinces are greatly deficient. That I may say, that the New Jersey regiment is equal both in expence & service to 1500 of most of the other provincials. And indeed, the great sums that have been raised for the extraordinary purposes of the War, sufficiently show that this province has contributed its full share to the common cause. For since the death of Gov' Belcher in August 1757, there have been raised 140,000 pounds proclamation money, besides the ordin ary charges of the support of the government: so that, supposing the money now voted, which is 50,000 pounds, wUl carry us thro' the next campaign, (which I doubt) we expend for the yearly service of the War 10,000 pounds. Whereas the Province of Pennsylvania, which is above 5 times as populous as ours, raises but 168 ADMINISTRATION OF GOVERNOR BlSRNARb. [1759 100,000 pounds, for the same purpose. But We have had several considerable expences occasioned by the War, besides the charge of the regiment, such as pro viding quarters for the regulars, buUding barracks for 1500 men, buying 2000 stand of arms, to be ready in case of any sudden emergency, &c. Upon the whole, notwithstanding the great increase of the taxes, the Provincial Debt now exceeds 200,000; a large sum for so small a community, that has Uttle or no foreign trade. I have thought it my duty to lay before you this state of the province, & to transmit to you a Copy of the Assemblys address, together with my speech as introductory to it: that this people may be placed, in so favourable a light, as to seem to deserve a compen sation from the Parliament, which you have been pleased to give them fresh assurances of. I am, with great respect, S' Your most obedient and most humble. Servant Fra. Bernard Letter from Governor Bernard to the Lords of Trade informing them that the Assembly had passed a Bill for raising 1,000 men and a Bill for their support. [From P, R, O, B, T, New Jersey, Vol, 8, 1, 83,] Perth Amboy Mar 21. 1759 The R* Hon'ble Lords Corn's of Trade &c My Lords Having received his Majesty's orders by M' Secretary Pitt to provide for the next campaign, I caUed the Assembly together with aU possible expedition & laid 1759] ADMINISTRATION OF GOVERNOR BERNARD. 169 before them M' Pitts Letter: And they immediately proceeded to bring in a biU for raising 1000 men & passed it with a unanimity and dispatch scarce ever known before. The Quakers, instead of Voting against it, desired to be excused voting at aU, except one, who Voted for it: This reduced the dissentients, who last year were 8, to 3 only: & even these gave no obstruc tion to the biU, but only, at the last reading, entered their negative to humour their constituents. The House also brought in the support bill & passed it unanimously in the same form as last years. For the supply for the troops there have been granted 50,000 pounds to be sunk in the years 1764, 5 6 & 7. If I had had the direction of this myself, I could not have saved more than the last of these years: And as I was pressed by Gen^ Amherst to use the utmost dispatch, I did not care to run the risk of interrupting the good humour, that the house was in, for the sake of a single year. Upon the whole I may say that the pubUc business was never transacted with more harmony and good understanding than It has been in this Sessions. The Acts of Council, Votes Sc Acts of Assembly I shall transmit to your Lordships, as soon as they can be got ready. I have nothing to add but that now We are three weeks earUer in the campaign business than they were last year. I am My Lords Your Lordships most obedient Sc most humble Servant Era. Bernard 170 ADMINISTRATION OF GOVERNOR BERNARD. fl759 Letter from Governor Bernard to the Lords of Trade, containing his observations upon the Money Bills passed for extraordinary purposes. [From P, B. O, B, T., New Jersey, Vol, 8, 1. 83.] Perth Amboy Mar 30. 1759 The R* Honble Lords Comrs for Trade & Plant ations. My Lords I this day being informed that there was a packet order'd to sail from New York to England [have] this day sent away a packet for your Lordships ofiice, by express, containing among other things a Letter to your Lordships of the date of the 21" inst, wherein I informed your Lordships of what had been done by the Assembly, pursuant to his Majestys orders signified to me, by M' Secretary Pitt. In less than an hour after My Messenger was gone, I was honoured with Your Lordships Letter of the 8"' of Febry, & as it is probable that the packet boat may be delayed till I can get this into it, I will trouble your Lordships with a few more lines. The objections made to the late Money biUs of this province, for extraordinary purposes, have aUways appeared to me in the same light as they have to your Lordships ; I could not but think them as invasions of the prerogative, & dangerous in their consequences. But yet, considering the present necessities of his Majesties Service, I could not think this a proper time to endeavour to rectify these abuses. The form of the late Acts & that I have now passed for raising the forces of this province has been used aU this War. On the present emergency, I was presst by Gen' Amherst to use the utmost dispatch in raising our Eegiment ; I know myself that upon many accounts, It would be 1759] ADMINISTRATION OF GOVERNOR BERNARD. l7l raised with much more difficulty than it was last year; I therefore resolved to lose not a day (& I have not lost one) in this necessary business. With these Sen timents when I met the Assembly, I found them more unanimous & ready, than I could have expected, to contribute their utmost share to the common cause. And for the more expedition, they brought in the bill by a printed bill of the last years, to prevent all cause of altercation, Sc passed it without a word of debate. Under these circumstances, I apprehend that I should have shown more duty than discretion to have exam ined this biU too nicely, I therefore thought myself obliged, on account of the requisitions of his Majestys service to pass this bill as 'twas offered, & did not think it would be of Any service to give it any public brand. But I took an opportunity to teU aUmost all the Members in private, that when the times were more settled, I should not think myself at liberty to pass a bill of this kind. I do assure your Lordships that what you have been pleased to direct to me concerning these bills, is per fectly consonant with 'what were my thoughts thereon & what I esteemed my Duty therein: And I had in tended, when I should transmit these bills to your Lordships, to have represented the same. But, My Lords, in time of war & for the service (as we hope) of the last campaign, I thought the augmenting his Majestys forces my first duty &, if in so doing I only followed the steps of my predecessor, I trusted that I should be justified in it. And I can promise your Lordships that I shall take the first opportunity of en forcing the regulation that your Lordships direct, & doubt not but at a proper time I shall have credit enough with the Assembly to procure a dutiful sub mission to it. I am My Lords Your Lordships most obedient & most humble Servant Era. Bernard 172 ADMINISTRATION OF GOVERNOR BERlfARD. [1759 Letter from Colonel John Parker to Lewis Johnson, referring to the co-opercttion of the Indians in the campaign with which he was connected. [From Skinner and Parker Papers among the manuscripts of W. A. Whitehead, Vol. 1, No, 41.] SCHOHARY the 28':" April 1769 Dear Lewis The place where I am seems to have so Uttle communi cation with the rest of the world that I can hardly say I am in it, however it will not be long before we shall appear on the Stage again as I hear the Campaign will open much sooner than it was imagined. The Indians are very hearty on our side, the Six nations have took up the protest against the French and several nations, formerly their Allies have refus'd to assist them this Campaign; there are now a good niany of the Cocknowagoes at Sir W'f Johnsons, and its thought they'll come over to us. The French- themselves give up their Country as lost, this is Indian news I have it from one of the heads of the nation here and I believe its true as I have seen a letter from Sir W™ which mentions most of it. The six Nations have given him Niagara for a trading house & wiU assist in taking it— I am just going to dinner, deUver the inclos'd John Parker. 1759] ADMINISTRATION OF GOVERNOR BERNARD. 173 Representation from the Lords of Trade to the King, proposing Nathaniel Jones to be Chief Justice of New Jersey in the room of William Aytiesley, deceased. [From P. R, O, B. T, New Jersey, Vol, IC, p, 379.] To the King's most Excellent Majesty. May it please your Majesty, WilUam Aynesley Esqf Chief Justice of Your Maj esty's province of New Jersey, being deceas'd, And Nathaniel Jones Esqf having been recommended to us as a Person well quaUfied to serve Your Majesty in that Station, We beg leave humbly to propose to Your Majesty that he may be appointed Chief Justice of the said province in the room of the said WUUam Aynes ley Esql' deceas'd. Which is most humbly submitted. Dunk Halifax. James Oswald. Soame Jenyns. W. G. Hamilton. WhitehaU May 22? 1759 W" Sloper. 1 Nathaniel Jones was appointed May 24th, and the appointment approved on May 31st. —Ed. 174 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Letter from Governor Bernard to the Lords of Trade, irrforming ihem that the New Jersey Regiment had arrived at Albany, and that he had laid out a Town for the Indians in Burlington County, greatly to their satisfaction. [From P, R, O. B. T, New Jersey, Vol, VUI, I. 85,] Perth Amboy June 15. 1759 To the Right Honble the Lords Com'mrs for Trade & Plantations My Lords I have the honour to inform your Lordships that by the 20"" of last month I got the New Jersey Eegiment compleated & fully cloathed & accoutred, & had them all embarked by the 22? I have since received advise that they all arrived at Albany on the 27"', where they were immediately reviewed by the General & much approved of, being universally aUowed to be the best Provincial Eegiment in America. They are command ed by Col Schuyler who has under him a Very good set of officers, all of which (above the Ensigns) have served before & some for 2 or 3 campaigns. I am told that this Province is the first that has compleated its Number: nevertheless I am later than I intended, hav ing found the raising the Eegiment more difficult than I expected. When We had raised about 700, the en listments were at a stand; upon which I ordered the MiUtia to be mustered throughout the province, which raised a spirit that soon compleated the Eegiment. As soon as I had finished this business, I went to Burlington County to lay out the Indian Town there. I have before iuformed your Lordships that by agree ment with the Indians soutli of Earitan They released 1759] ADMINISTRATION OF GOVERNOR BERNARD. 175 aU their claims in the province, in consideration of a tract of 3000 Acres to be purchased for their use. This purchase was made & the Indians are removed to the place: It is a tract of Land Very suitable for this pur pose, having soU good enough, a large hunting country and a passage by water to the Sea for fishing. It is out of the way of communication with the Wild In dians; & has a saw mill upon it which serves to pro vide them with timber for their own use & to raise a Uttle money for other purposes. To this place I went with 3 of the Commissioners for Indian affairs, where we laid out the plan of a town, to which I gave the Name of Brotherton' & saw an house erected being one of ten that were ready prepared; & afterwards ordered lots of land to be laid for the Indians to clear & till, the land already cleared being to remain in common tUl they have acquired themselves separate property, by their own industry. We also made an appointment of an house & lands for a Minister, I having engaged M' Brainerd a Scotch presbyterian for that purpose, for which he is most peculiarly suited. The next day I had a conference with the chiefs, at which they expressed great satisfaction at what had been done for them, & I assured them that the same care of them should be continued & exhorted them to order, sobriety & industry. The whole Number of them at present does not amount to 200, & when We have gathered together all in the province they will not be 300. If I can but keep them from being sup plyed with rum, for which there are laws strict enough, I shall hope to make them orderly & useful Subjects. The Indians in the Northern parts of the province ' "Brotherton" was in the township of Evesham in Burlington county, but the name has disappeared from the map of the State, although its associations should have led to its retention. See Smith's New Jersey, p, 483; Nevill's Laws, Vol, II, p, 212; AUlQson's Laws, p. 221.— Ed, 176 ADMINISTRATION OF GOVERNOR BERNARD. [1759 have entirely quitted it & are gone to the Sesquehan- nah, where they live in peace with the English. There has not been the least disorder committed near oui' frontier since the Treaty of Easton: I have disbanded the frontier guard, & the Country is in great tranquil lity. I have lately constituted a towmship there by the Name of Mountagu, between the Parqualin Mount ains & the Delaware, & from the Lower Minissink Island to Cushy tunk point; a Country, that a year ago no one would Venture to Uve in. The prospect of the pubhc affairs of this Country was never so fair as it is at present: I hope that before the end of this Summer I shall be able to congratulate your Lordships upon the finishing stroke being given to our Enemies. I am. My Lords, Your Lordships most obedient & most humble Servant Era. Bernard Letter from Governor Bernard to the Lords of Trade concerning the pretentions of Robert Hunter Mor ris to the office of Chief Justice of that Province. [From P. R, O., B. T., New Jersey, Vol, 8, 1, 87,] Perth Amboy Aug 28. 1759 To the R' Honble the Com'rs My Lords Some few days ago M'' Morris arrived in this province & soon after signified to me that he proposed to re sume his office of Chief Justice by virtue of his former patent, which, he said, was not surrender'd or any otherwise determined. I told him that I should be very glad to see him on the bench, as I thought no one would fill that place better: but that I was not at 1759] ADMINISTRATION OF GOVERNOR BERNARD. 177 Uberty to permit him to enter upon the ofifice by virtue of his former patent; for that when I enter'd upon the government I found another person in possession of the office & universally acknowledged as such, and he being dead the office was become vacant; that by the appointment of M' Aynsley M' Morris's patent was actuaUy determined; & whether it was legally or not I could not take upon me to judge, as it was the act of the King & not mine or my predecessors. I represented to him the confusion that would be the consequence of his assuming this office against my protestation, and he expressed his earnest desire to do nothing that should imbarras the government. Upon which we came to the foUowing agreement; that he "should sus pend his purpose tiU I could write to your Lordships, & receive your commands : and that I would not, in the mean time, appoint another Person, unless I received the Kings command therefore. Whilst I was writing to your Lordships on this sub ject, I received advice that M' Jones was appointed Chief Justice of this province. This puts an end to the stipulation's between me & M' Morris, but makes it more necessary for me to inform your Lordships of what passed between us, & to desire your Lordships directions, in what manner I shaU act, if M"^ Morris should set up his own right & oppose that of M' Jones. I have not seen M'' Morris since this advise arrived & therefore cannot say what he will do: but I imagine he wiU contest M' Jones's appointment. I beg leave to congratulate your Lordships on the extraordinary success of his Majesty's arms in this Country. There is not a frenchman on this side the lakes to be seen, except prisoners, of which there are near 1000 in New York Connecticut Sc New Jersey: out of 30 ofificers, by which the detachment, that at tempted to relieve Niagara, was commanded, 27 are Killed or taken prisoners; they that escaped from that 13 178 ADMINISTRATION OF GOVERNOR BERNARD. [1759 rout, & the Garrisons of Venango Presqu' Isle &c hav ing destroyed their forts, are returned to Detroit. This is the consequence of the Treaty at Easton (by whicli the Senecas were brought over to the EngUsh Intrest) improved and matured by General Amherst and S' WiUiam Johnson. I am. My Lords, your Lordships most Obedient & most humble servant Era Bernard Order of the Council of New York for the Arrest of Sussex County Men for Alleged Trespass — North ern Boundary Dispute. [From New York Colonial MSS., Vol LXXXVn, fol. 1S7,] Province of New York ss. At a Council held at Fort George in the City of New York on Thursday the Eleventh day of October 1759. Peesent The Hon*!'^ James De Lancey Esq'^ Lieu* Gov ernor and Commander in Chief of the said Province & C* Mr. Kennedy Mr Smith. Mr. Horsemander Mr. Watts Mr. Chambers Mr. Walton Whereas it appears by the Petition of Wilham Cutte- back and Philip Swartwout,' in behalf of themselves 1 This petition precedes this document. The statements are repeated m the petition, dated February, 1761, See post. 1759] ADMINISTRATION OF GOVERNOR BERNARD. 179 and Anthony Westbrook and Peter Gomar, owners and Possessors of Lands at Machacomack, lying partly within the County of Ulster and partly in the County of Orange; and by the affidavits of John Morin Scott and the said WilUam Cutteback and PhUip Swartwout now read at this Board; That in the year 1755 four Ejectments were commenced in the Supreme Court of the Province of New Jersey in the Name of James Strong, on the Demise of Cornelius Westfall, against John Turnout, for the Eecovery of Land in the posses sion of or belonging to Jacobus Swartwout, Father of the Petitioner PhUip Swartwout, and to the said Peti tioner WiUiam Cutteback, Anthony Westbrook and Peter Gomar, which Lands aU lye at Machacamack aforesaid, with the ancient and long exercised jurisdic tion of this his Majesty's Province of New York, and have been held by the said Tenants and owners and those under whom they claim, by grant of this Gov ernment ever since the Settlement of that part of the Country near, if not upwards of Sixty years, and lie within this Province at the Distance of at least Fifteen Miles Northeastward of Minissink Island. That the said Tenants and owners of the said Land being convinced that the same do lye within this his Majesty's Province of New^ York, did by John M'Evers and John Morin Scott Esq'", their Council, in due form of Law put in Pleas to the Jurisdiction of the said Court, with Affidavits to support the same. That since the fyling of the said Pleas, near four years have elapsed, and no Proceedings whatever were bad in the said Causes, tiU on the 7* day of September last, at which time (the said Jacobus Swartwout being Dead and the Petitioner PhUlip Swartwout in poses- sion of the Lands held by his Father in his Ufe time) one Petrus Smoke who caUed himself Sheriff of Sussex County in the Province of New Jersey, with Eleven 180 ADMINISTRATION OF GOVERNOR BERNARD. [1759 other persons pretending to be Inhabitants of New Jersey, but in fact being aU or most of them Posessors of Lands within the ancient and long exercised Juris diction of this Province, whose names are Abraham Vanaken, Abraham Westbrook, Solomon Cuykendall, Cornelius Cole, Bryan Hammel, James Clark, Jurian WestfaU, Jacobus Vanaken, Simon WestfaU, Mat thew Terwilliger and Jacob Westfall, carae to the Iiouse of the Petitioner, Philip Swartwout, forcibly ousted the said PhiUp Swartwout out of his possession by turning hini and his Family and all his Cattle and Household Furniture, and everything else belonging to him out of the House and Lands so possessed by him : although neither he nor his said Father had ever had any opportunity of being heard by Council in support of the said Plea. That the possession of the said PhiUp Swartwout is the Southernmost possession within this Province, that has been held against the Encroachments of New Jersey; and during all the present War, part of tlie Troops in the service of this Province for the defence of the Western Frontiers have been posted at his House, as being within this his Majesty's Province of New York. That the said PhiUp Swartwout having fitted and prepared his Land for Seed before the Ouster above- mentioned, was reduced to the Necessity, rather than loose aU the Fruit of his Labor for the present year, of sheltering himself and his Family in a small Kitchen on the said Lands, where he Uves at the Mercy of those, who have ejected him, and has sowed a small part 'of his Lands at shares with them. That the Persons who represent the Eight of the said CorneUus WestfaU the Lessor of the Plaintif (who died near three years ago) have threatened to take the 1759] ADMINISTRATION OF GOVERNOR BERNARD. 181 Uke Steps in the other three Causes immediately after the next Term in New Jersey. And therefore the Petitioners humbly pray in behalf of theraselves, and those whom they represent, the Protection of this Government and such Eelief in the Premises as shall be thought meet. It is therefore Ordered by his Honour the Lieuten ant Governor, by and with the Advice and Consent of the CouncU, that the High Sherif of the County of Orange, Do and he is hereby Commanded, forthwith to apprehend the said Petrus Smoke, Abraham Van aken, Abraham Westbrook, Solomon CuykendaU, Cornelius Cole, Bryan Hammel, James Clark, Jurian WestfaU, Jacobus Vanaken, Simon Westfall, Matthew TerwUliger and Jacob WestfaU, if found on the Lands lately possessed by the said Philip Swartwout, from the possession whereof he has been ousted as afore said, or each and every of them, who shaU be found on the said Lands; and also to apprehend any other Person or Persons, who now withhold the possession of the said Lands from the said PhUip Swartwout and shaU be found thereupon ; and to put the said Philip Swartwout into the Possession of the House and Lands, from whence he hath been ousted as aforesaid: and the said Sherif is hereby further Commanded to keep each and every of the Person or Persons so appre hended as aforesaid, in safe Custody and to bring each and every of their Bodies to the City of New York, and there to deUver them to the High Sherif of the City and County of New York, who is hereby Com manded to receive the Body or Bodies of every such Person or Persons so apprehended and brought to him as aforesaid and to keep each and every of them in safe Custody, in order to be examined before this Board touching the Premises aforesaid, or until deUv ered by due Course of Law, And the said Sherif is l82 ADMINISTRATION OF GOVERNOR BERNARD. [175!) hereby Commanded if needful and necessary to raise the Posse Comitatus or Power of his County to assist in the Execution of this Order. Geo Banyar D Cl Con. Novemb' y= 9'." 1759 I Have Executed the Above Order of CouncU and put PhiUp Swartwout Into possession of the House and Lands from which he was Ousted. Dan^^ Everett Sheriff. Letter from the Sheriff of Orange County, returning the Above Order. [From New York Colonial MSS,, fol, 141.] Goshen Novemb' y"= 11'" 1759 Yours of the 11*" of October I have Eeceived With the Inclosed Order of CouncUl Which I Have Executed on the Ninth Instant By putting PhUUp Swartwout into possession of the House and Lands From Which he was Ousted; I met with no Opposition nor Pound no person on the premises. But a Woman and Five Children, Whome I Ousted, You WiU Be Good Enough to Acquaint His honour the Governor with what I Have Done in the Affair and You WUl ObUge your Most Obe'" humble Servant Dan'-'' Everett. (Addressed:) To Geo. Banyar Esq" Deputy Secret' of the Province of New York. Eead in Council the 20 Nov. 1759. 1759] ADMINISTRATION OF GOVERNOR BERNARD. 183 Circular letter to all his Majesty's Governors, inclos ing a printed copy of a Proclamation for a Gen eral Thanksgiving. IFrom P. R. O. B, T, Plantations General, No, 40, Ent, Book L., p. 171,] To Fra^ Bernard Esq"" Governor of New Jersey. Sir. It having pleased Almighty God to give signal Success to His Majesty's Arms, both by Sea and Land, particu larly by the Defeat of the French Army in Canada, and the taking of Quebec; and His Majesty having thought fit, in Acknowedgement of so great Blessings, to ap point a day of Publick Thanksgiving for the same throughout Great Britain; We herewith inclose to you His Majesty's Eoyal Proclamation for that pur pose; and it being His Majesty's Pleasure, that the Uke Publick Thanksgiving should be solemnized in all His Majesty's Colonies in America, which are so par ticularly interested in these happy Events; We do hereby signify to you His Majesty's Commands, that you do, as soon as possi'ole after the Eeceipt hereof, appoint a proper day for that purpose, to be observed throughout the Province under your Govern? with such Solemnities as are suitable to so great an Occasion. We are. Sir, Your most obedient most humble Servants; Dunk Halifax James Oswald. Soame Jenyns. Nov' IS'" 1759. W. G. Hamilton. A Uke Letter was wrote to aU His Majesty's Gov'.* in America. 184 ADMINISTRATION OF GOVERNOR BERNARD. [17o9 Officers of the Neiv Jersey Regiment in the French War, 1758, 1769. [From Book C 2 of Commissions, in the Secretary of State's Offlce, at Trenton.] A List of Officers in the New Jersey Eegiment aug mented to 1000 men.' The Commissions were given in the common form by the Hon'"''' John Eeading Esq' President &c dated in March & AprU 1758 John Johnston, CoUonel. Thomas Shaw, Lt. Col. Samuel Hunt, Major. Joseph EUis John Eiley John Salmon WiUiam Winds John Tenbrook William Douglass Samuel Harker Joseph Leonard Captains 1 The two rosters given herewith are entered together, and apparently in 1759. In 1758, "New Jersey, instead of raising reluctantly 500 men, doubled that number." —Gordon's Hist, of N. J., 131, The Act of April 4, 1768, proTided that a suffloient number of men, whites or well affected Indians, "should be raised as with that part of the Regiment which then remained, would complete one thousand effective men." — Allinson's Laws, 216, The New Jersey Regiment had been sent out at the beginning of the French War, in 1755, under command of Colonel Peter Schuyler {Allinson's Laws, 204; Gordon's N. J., 119; N J. Archives, VM., Part 2. 104), and on his capture at Fort Oswego, with a part of his Eegiment, August 14, 1756 {N. Y. Col. Docs., X., 444; 'Wynne's British Empire, H., 65), such of tbe Regiment as re mained at large fell to the command of Captain John Parker, — N. Y. Col. Docs., X,, 591, Colonel Parker and the remainder of his troops (301 offlcers and men) having been made prisoners at Fort WiUiam Henry on August 9, 1757, they were paroled on condition tbat they should not serve for eighteen months against the French, and consequently they came home,— TFi/n,)ie, II., 71-3; TVhitehead's Perth Amboy, 132; N. Y. Col. Docs., X., 617, 624, Col, Schuyler and Col. Parker were thus both disqualified from taking command of the Eegiment as " augmented " in the spring oF 1758, and hence it was, doubtless, that John Johnston was commissioned Colonel of the New Jersey troops sent to Canada in 1758, The organization was known as "Col. Johnston's Jersey Regiment" at the disastrous attack made by the British and American soldiers on the French at Ticonderoga, July 8, 1758.— A'^F, Col. Docs., X,, 733, Col, Johnston was a son of John Johnston, of Monmouth County [bom 1759] ADMINISTRATION OE GOVERNOR BERNARD. 185 Lieutenants. . Joseph Barton James Anderson Abraham Bonnel John Vandike Nathaniel HubbeU Jun'. WUliam Pew, Jun' Jonas Bedford Zepheniah Luse Ephraim MiUer Alexan'r Anderson George Coryell SUas Newcomb Ehas Dayton Josiah Banks Thomas Johnson Eeuben Hall Thomas Griffin WiUiam MaxweU Note they are not placed in the above List according to Seniority and are aU that came to my knowledge. r Ensigns. 1691, died 1733], who was a son of the noted Dr. John Johnstone, of Perth Amboy, Col. Johnston's commission hears date March 10, 1758. He was second in rank on the Oneida Station the next year, and is said to have been killed by a cannon ball at Fort Niagara in the course of the v!a.T.—TVhitehead's Perth Amboy, 71-2, Some notices of other officers of this regiment may not be amiss, Thomas Shaw was a captain under Col, John Parker in the unfortunate ambuscade made at Sab bath Day Point, July 26, 1757, and was killed at Ticonderoga, July 8, 1758.— Penn, Archives, IH,, 203; N. Y. Col. Docs., X., 733, Samuel Hunt was a captain at Sab bath Day Point, and was reported among the kiUed (Penn. Archives, HI,, 303), but in the foUowing spring he is commissioned Major, as above, and subsequentl,y be came Lieutenant-Colonel, under Col. Peter Schuyler. (See next roster.) He was Colonel of the Regiment in 1761 and 1762, {N. J. Analytical Index, 360, 366.) Lieuten ant Solomons, doubtless the John Salmon mentioned above, was reported killed at Sabbath Day Point; also Lieut. MoDaniel, probably the WilUam McDonald who figures above as Captain in the ensuing spring.— J6. Was this the Captain McDon ald who so gallantly led the attack on Fort DuQuesne (Pittsburgh) in September, 1758?— if, Y. Col. Docs., X., 902. WUUam Winds was born at Southold, L, I,, in 1727 or 1728, and removed at an early age to Morris County, N. J. , where he was a prom inent character until his death, in 1789, He was commissioned Lieutenant-Colonel in the New Jersey Continental troops, in 1775, and two years later was made Briga dier-General. A fuU sketch of this remarkable man, by the Eev. Dr, J, F, Tuttle, will be found in Proeeedings N. J, Hist. Soc, May, 1863; also in Dr, Tuttle's "Annals l86 ADMINISTRATION OF GOVERNOR BERNARD. [1759 List of Officers in the New Jersey Regiment. Peter Schuyler, Col. & Capt.' Samuel Hunt, Lieut. Col. & Capt. WUliam Douglass, Major & Capt. John Eiley Zeph'' Luse John Tenbrook Alex. Anderson i- Capts. W" McDonald Fran. Bernard Silas Newcomb Amos Ogden, C. L'. Peter Schuyler, C. L'. of Morris County," 18, and in " Centennial CoUections of Morris County," 73, See also Gen. W. S, Stryker's Roster of Jerseymen in the Eevolutionary War, 16, 65, 350, WilUam Douglas held the rank of Captain in the Sabbath Day Point fiasco, and was wounded at Ticonderoga,- Pe«ji, Archives, TU., 203; N. Y. Col. Docs., X., 733, SUas Newcombe was a resident of Cumberland County, and was a member of the Revolutionary Committee of that County, In March, 1775, but nevertheless had the temerity to drink "East India tea in his family," "in open violation of the Third Article of the said Association," and to declare that he would continue to do so, whereupon it was decided " to break off all dealings with him." A week later he confessed, in writing, his error and asked pardon for his great offence. He was commissioned Colonel iu 1776, and in 1777 rose to the rank of Brigadier-General of Militia,.— Minutes Council of Safety, 1775-6, 93, 95, 551 ; Stryker, ut supra, 64, 335, 350. Elias Dayton was one of EUzabethtown's most prominent citizens, and was a Brigadier-General in the Eevolution, — lb., 63, etc.; Hatfield's Elizabethtown, pas sim. William Maxwell, the last in the above list vf Col. Johnston's Regiment, was a member of the Sussex County Revolutionary Committee in 1774, was a member of the Provincial Congress, in 1776, from the same county, and entering the miUtary seiwice, "commanded the 'Jersey Line' during his entire term of service as a gen eral officer [1776-80], and took an active part in every battle in whieh his brigade distinguished itself, "—J/mMtes Council of Safety, 1775-6, 19, 169, et seq.; Stryker, 64, This French War served as an admirable school for training Americans to flght for their independence twenty years later,— [W, N,] ^ In 1759 (March 15), the New Jersey Legislature enacted a law providing for the emission of £50,000 Bills of Credit, to raise and equip 1,000 men, to join in the grand final campaign to conquer the French forces in America. — Allinson's Laws, 234. Col. Peter Schuyler having been exchanged, November 1, 1758 {N. Y. Col. Docs., X. 888^), was agatu called to command the New Jersey contingent at the front. Tbis offlcer stands out conspicuously as one of the most gallant, distinguished and picturesque in the miUtary annals of New Jersey. Probably the fullest account of his career may be found in Winfleld's Hudson County, 536; see also Smith's New Jersey, 493; N. J, Hist, Soc. Proceedings, I., 53, 58, 178, 179; N, Y. Col, Docs,, X., 776. No time was lost in officering the regiment. The commission to EUas Dayton " to be Lieutenant of a company of New Jersey troops, in Col. Peter Schuyler's Eegi- 1759] ADMINISTRATION OF GOVERNOR BERNARD. 187 W"' Pew Junr Josiah Banks W" MaxweU W" Falkner Walter Vantuyl EUas Dayton George Coryel Tho" Longfield Tho^ Griffon Phinehas Crane Mich' Henderson Daniel Coe GUman Freeman W" Cox Jonathan Stout Enoch Hunt John Albertis Jacob Bonnel W" Shute y Lts. Ens. ment," was signed by Govemor Bernard March 19, 1758, just four days after the passage ot the law authorizing the raising of the regiment,— JV, J. Analytical In dex, 361, Among those reported kUled at Sabbath Day Point, July 36, 1757, was Grims {Penn. Archives, 'm., 203), possibly referring to him who was after wards Ensign Thomas Griffin, in Col. Johnston's Eegiment, and Lieutenant in Col. Schuyler's Eegiment in 1759. WiUiam Shute served as Captain and Paymaster in the New Jersey troops from 1775 to the close of the Eevolutionary 'Ws^r.-Stryker, 72, 355. There was an Ensign Ogden among the Jerseymen surrendered at Oswego. -JV". Y. Doc. Hist., U., 330.— [W, N,] 188 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Letter from the Lords of Trade to Governor Bernard, acquainting him that the King had been gracious ly pleased to approve of his being appointed Gov ernor of Massachusetts Bay. [From P. R. O, B, T. New Jersey, Vol 16, p, 381.] To Francis Bernard Esqf Governor of New Jersey. Sir, His Majesty having been graciously pleased to ap prove of your being appointed Governor of the Massa- chusets Bay, in the room of Mr PownaU preferred to the Government of South CaroUna, We take this Opportunity of congratulating you upon this Mark of His Majesty's Favour; and of acquainting you, that His Majesty has also been pleased to approve of Thomas Boone Esq"^ to succeed you in the Government of New Jersey, Mf Boone is now resident in South CaroUna, but will have Orders forthwith to repair to New Jersey; and therefore his Patent and Instructions together with your own for the Government of the Massachu- sets Bay will be transmitted to you as soon as they are passed. We are. Sir, Your most obedient, humble Servants. Dunk Halifax. SoAiviE Jenyns. W. G. Eaimilton. W. Sloper. Jaimes Oswald. WhitehaU Novf 14. 1769 1759] ADMINISTRATION OF GOVERNOR BERNARD. 189 Order of His Majesty in Council, approving a Repre sentation of the Lords of Trade, proposing Thomas Boone to be Governor of New Jersey. [From P, R, O. B, T. New Jersey, Vol, 8, 1, 86,] At the Court at Sj" James's the 27: DAY OF NOVEMBER 1759 Present The King's most Excellent Majesty in Council Upon reading this day at the Board, a Eepresenta tion from the Lords Commissioners for Trade and Plantations, dated the 11: of this Instant, proposing that Thomas Boone Esqf, may be appointed Captain Gen eral and Governor in Chief of the Province of New Jersey in the room of Francis Bernard Esql' His Maj esty in Council approving thereof, is pleased to Order, as it is hereby Ordered, that the said Thomas Boone Esqf be constituted and appointed Captain General and Governor in Chief of His Majestys said Province of New Jersey in the room of the said Francis Bernard Esqf. And that the said Lords Commissioners for Trade and Plantations do prepare a Draught of a Com mission and Warrant for Passing the same under the Great Seal, and also Draughts of Instructions for the said Thomas Boone, and lay the same before His Maj esty at this Board for His Eoyal approbation. W. Sharpe 190 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Representation from the Lords of Trade to the King, with a draft of a Commission for Thomas Boone to be Governor of New Jersey. [From S. P. O. B. T., New Jersey, Vol. 16, p. 284,] To the King's most Excellent Majesty. May it please Your Majesty, In obedience to Your Majesty's Order in Council, dated this Day, We have prepared the Draught of a Commission for Thomas Boone Esq!" to be Captain General and Governor in Chief of your Majesty's Province of New Jersey, and also a Warrant for pass ing the same under the Great Seal : Which being in the usual Form, we humbly beg leave herewith to lay them before your Majesty, and shall prepare the nec essary Instructions for the said Governor, with all possible Dispatch. Which is most humbly submitted. Dunk Halifax. jAiaES Oswald. Soame Jenyns. WhitehaU NovV 27*." 1759 W. G. Hamilton. Draught of a Commission for Thomas Boone Esqf Our Will and Pleasure is, that you do prepare a BiU for our Eoyal Signature to pass Our Great Seal of Great Britain, in the Words, or to the effect following. George the second by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith &c» To Our Trusty and Wellbeloved Thomas Boone Esq^ Greeting ; Whereas We did by Our Letters 1759] ADMINISTRATION OF GOVERNOR BERNARD. 191 Patents under Our Great Seal of Great Britain bearing date at Westminster the day of 1768, in the thirty first year of Our Eeign, constitute and appoint Our Trusty & WeUbeloved Francis Bernard Esqr Cap tain General and Governor in Chief in and over Our Province of Nova Caesarea or New Jersey Viz* the Division of East & West Jersey in America for and during Our WiU and Pleasure, as by the said recited Letters Patents, relation being thereunto had, may more fuUy & at Large appear : Now Know you that We have revok'd and determin'd, and by these Pres ents do revoke & determine the said recited Letters Patents, and every Clause, Article and Thing therein contain'd. And further know you that We reposing especial Trust &c* To Our Attorney or Solicitor Gen! And for so doing this shall be your Warrant. Given at Our Court at S- James's See''. [See post, under date of January 14, 1760. — Ed. J Letter from the Lords of Trade to Governor Bernard — on the Pretentions of R. H Morris to resume the office of Chief Justice of the Province. [From P, R, O, B, T., New Jersey, Vol. 16, p. 388.] To Francis Bernard Esq"* Governor of New Jersey. Sir, We have receiv'd your Letter to Us dated the 2s"' of August last, acquainting us that Mf Morris had ap plyed to be admitted to the Office of Chief Justice in "Virtue of his former Patent. As we are entirely un-inf ormed of the Grounds and 193 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Eeasons upon which this very extraordinary pretence is founded, it is impossible for us at present to give any Directions upon the Case; But as Mf Morris's Con duct appears to Us highly to refiect upon His Majesty's Honor and Justice, in the subsequent Appointments which have been made, founded, as you wUl perceive by the inclosed paper upon M"" Morris's actual Resigna tion; We must desire that you wiU take the first Opportunity of transmitting to Us an authentick Copy the Patent or Commission by which M^ Morris claims that Ofiice, with every other information you are able to give upon the Case, that no time may be lost in lay ing a fuU State of it before His Majesty for His Royal Determination; In the mean time it wiU be your Duty to obey such Commands as you shaU have receiv'd from His Majesty under His Eoyal Sign Manual, touching the Appointment of any other person to that Office. With this you will receive a Duplicate of Our Letter to you of the 14"" of Nov^ last, notifying His Majesty's Appointment of you to the Government of the Massa chusetts Bay; and as soon as your Commission is passed, which will be in a few days, it will be trans mitted to you, together with that appointing M- Boone GovT of New Jersey in your stead; and also such Instructions as His Majesty shaU think proper to give you for your Guidance in the Execution of the Trust conferr'd upon you. We are. Sir, Your most obedf humble Servants, Dunk Halifax Whitehall ) Jaivies Oswald. Deer 14. 1759. I W. G. Hamilton. W. Sloper. 1759] ADMINISTRATION OF GOVERNOR BERNARD. l!)3 Representation from the Lords of Trade to the King — with a Draft of General Instructions and those relating to trade for Thomas Boone, appointed Governor of New Jersey. [From P, R. O. B. T., New Jersey, Vol, 16, p. 391-3,] To the King's most Excellent Majesty. May it please your Majesty. In obedience to Your Majesty's order in Council dated the 37'-'' of Novr 1759, We have prepared Draughts of General Instructions and of those which relate to the Observance of the Acts of ParUament for the due En couragement and Eegulation of Trade and Navigation, for Thoraas Boone Esq'', whom your Majesty has been pleased to appoint Captain General and Governor in Chief of your Majesty's Province of New Jersey. In this Draught of Gen' Instructions, We have made no Alterations from the Instructions given by your Majesty to Francis Bernard Esqr the late Governor of the said Province.' The Draught of Instructions for the Observance of the Acts of ParUament for the Encouragement and Regulation of Trade, is made conformable to the In structions which have been lately approved and given by your Majesty, for the like Purposes, to the Gover nor's of others your Majesty's Colonies in North America. All Which is most humbly submitted.Dunk Halifax." Soame Jenyns. WhitehaU | W?' Sloper. \ Feb'ry 13, 1760. ^ Ed: Bacon. ' See pages 23-107 of this volume,- 13 l94 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Instructions to Thomas Boone, Governor of New Jersey. [From Book AAA of Commissions, in Secretary of State's Ofiice, at Trenton, N. J. fol. 332, 1 George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith And so forth To our trusty and well beloved Thomas Boone Esq. Greeting Whereas We did by our letters patent under our great Seal of Great Britain bearuig date at Westminster the twenty fifth day of February in the thirty first year of our Eeign Constitute and appoint Francis Bernard Esquire Captain General and Gov ernor in Chief in and over our province of Nova Cees- area or New Jersey in America for and during our Will & pleasure as by the said recited Letters Patent, Eelation being thereunto had may more fuUy and at large appear. Now Know You that We have Revoked & determined and by these Presents do Revoke and Determine the said recited Letters patent and every clause Article & thing therein contained And further know you that We Reposing especial trust and Confi dence in the prudence Courage and Loyalty of you the said Thomas Boone of our Especial Grace certain knowledge and meere Motion have thought fit to con stitute & Appoint and by these presents do constitute & Appoint you the said Thomas Boone to be our cap tain General and Governor in Chief in and over our province of Nova Ceesarea or New Jersey, to wit, the Divisions of East and West New Jersey in America which we have thought fit to unite into one province and settle under one Government And We do hereby require and command you to do & execute aU things in due Manner that shall belong unto your said Com mand and the trust We have Eeposed in you— accord- 1759] AD]yilNIS*RATION OF GOVERNOR BERNA&D. 195 ing to the several powers and directions Granted or Appointed you by this present commission and the In structions & Authorities herewith given you or by such further powers Instructions & Authorities as at any time hereafter be granted or Appointed you under our Signet and Sign Manual or by our Order in our privy CouncU and according to such Eeasonable Laws & Statutes as now are in force or hereafter shall be made & Agreed upon by you with the Advice & Consent of our CouncU and the Assembly of our said proviuce under your Government, in such manner & form as is hereafter expressed. [The rest of the Commission is verbatim, mutatis mutandis, the same as that issued to Francis Bernard. See p. 23.] In Witness Whereof We have caused these our Let ters to be made patent Witness ourself at Westmin ster the fourteenth day of January in the thirty third year of our Eeign. By writ of Privy Seal. Yorke & Yorke. The foregoing Commission was published at Amboy July 4th 1760 and at Burlington the 9th day of the same Month. Commission to Thomas Boone as Vice-Admiral of New Jersey, conferring Admiralty Jurisdictio7i, etc. [Prom Book AAA of Commissions, in Secretary of State's OfSce, at Trenton, N, J,, fol, 339,] George the second by the Grace of God of Great Britain France & Ireland King defender of the Faith &c. To our Beloved Thomas Boone Esq. our Captain 196 ADMINISTRATION OF GOVERNOR BERNARD. [1759 General & Governor in Chief of our province of Nova Csesarea or New Jersey in America Greeting We Con fiding very much in your fidelity Care & Circumspec tion in this Behalf Do by these presents Which are to continue during our pleasure only Ordain Constitute and Depute you the said Thomas Boone Esq. our Cap tain General and Governor in Chief aforesaid our Vice Admiral Commissary and Deputy in the Office of Vice Admiral in our province of Nova Ceesarea or New Jersey aforesaid and Territories thereon depending in the Eoom of Francis Bernard Esq. appointed Vice Ad miral of our province of Massachusetts Bay in New England & Territories thereon depending and in the Marritime parts of the same and thereto Adjoining whatsoever with power of taking and Eeceiving all & every the fees profits Advantages, Emoluments, Com modities and Appurtenances whatsoever due and be longing to the said Ofiice of Vice Admiral Commissary and Deputy in our said province of Nova Ceesarea or New Jersey and Territories Dependent thereon and Maritime parts of the same Sc Adjoining to them what soever According to the Ordinances & Statutes of our High Court of Admiralty of England And We do hereby Commit & Grant unto you the said Thomas Boone Esq. our power & Authority in and throughput our province of Nova Ceesarea or New Jersey afore mentioned Sc Territories thereof & Marritime Parts whatsoever Adjacent thereto and also throughout all & every the Sea Shores Publick Streams Ports Fresh Waters Eivers Creeks and Arms as weU of the Sea as of the Eivers & Coasts Whatsoever of our said prov ince of Nova Ceesarea or New Jersey & Territories de pendant thereon & Marritime Parts Whatsoever of the same and thereto Adjacent as well within Liberties & Franchises as without to take Cognizance of & proceed in aU Causes Civil & Maritime and in Complaints Con tracts Offences or suspected Offences Crimes Pleas 1759] ADMINISTRATION OF GOVERNOR BERNARD. 197 Debts Exchanges Accounts Charter parties Agreements Suits Trespasses Injuries Extortions & Demands & Businesses Civil & Maritime whatsoever commenced or to be commenced between Merchants or Between Owners & Proprietors of Ships & other Vessels & Mer chants or others Whomsoever with such Owners & Proprietors of Ships & aU other VesseUs Whatsoever Imployed or Used within the Maritime Jurisdiction of our Vice Admiralty of our said province of Nova Ceesarea or New Jersey & Territories depending on the same or between any other persons Whomsoever had made begun or Contracted for any Matter thing Cause or Business whatsoever done or to be done within our Maritime Jurisdiction aforesaid together with aU & singular their Incidents Emergencies Dependencies Annexed and connexed causes Whatsoever whereso ever or Howsoever. And such causes Complaints Contracts & other the premises abovesaid or any of them which may happen to arise be contracted had or done to hear and Determine according to the Eights Statutes Laws Ordinances & Customs Anciently Ob served And Moreover in all & singular Complaints Contracts Agreements Causes & Businesses Civil & Maritime to be performed beyond the Sea or contracted there however arising or happening and also in all & singular other Causes & Matters which in any Manner Whatsoever touch or any way Concern or anciently have & do or ought to belong unto the Maritime Jurisdiction of our aforesaid Vice Admiralty in our said province of Nova Ceesarea or New Jer sey and Territories thereon Depending & Mari time Parts thereof & to the same Adjoining what soever And generally in all and singular other Causes Suits Crimes Offences Excesses Injuries Complaints Misdemeanors or Suspected Misdemeanors, Trespasses Eegratings Forestattings & Maritime businesses What soever throughout the places aforesaid within the l'J8 ADMINISTR.ATION OF GOVERNOR BERNARD. [1759 Maritime Jurisdiction of our Vice Admiralty of our province of Nova Ceesarea or New Jersey aforesaid and Territories thereon Depending by Sea or Water or the Banks & Shores of the same however done com mitted perpetrated or Happening And also to Inquire by the Oath of Honest and LawfuU Men of our said province of Nova Ceesarea or New -Jersey & Territories Dependant thereon & Maritime parts of the same and Adjoining to them Whatsoever DweUing both within Liberties & Franchises & without as well of aU & singular such Matters & things which of Eight & by the Statutes Laws & Ordinances & Customs Anciently observed were wont & ought to be Inquired after as of Wreck of the Sea & of aU & singular the Goods & Chattels of Whatsoever Traitors Pirates Manslayers & Felons howsoever offending within the Maritime Juris diction of our Vice Admiralty of our province of Nova Ceesarea or New Jersey aforementioned & territories thereon belonging & of the Goods Chattels and Debts of AU & Singular their maintainors Accessaries Abet tors or Assistants whatsoever and also the Goods Debts & Chattels of Whatsoever person or persons Felons of themselves by what Means or howsoever coming to their Death within our aforesaid Maritime Jurisdiction Wheresoever any such Goods Debts & Chattels or any parcel thereof by Sea Water or Land in our said prov ince of Nova Ceesarea or New Jersey & Territories thereon Dependant & Maritime Parts of the same & thereto Adjacent Whatsoever as well within Liberties & Franchises as without have been or shall be found forfeited or to be forfeited or in being And Morover as well of the Goods Debts & Chattels of Whatsoever Traytors Felons & Manslayers wheresoever Offending and of the Goods Debts & Chattels of their Maintainers Accessaries Councillors Abetterors or Assistants as the Goods Debts & Chattels of aU Fugitives persons Con victed Attainted Condemned Outlawed or Howsoever 1759] ADMINISTRATION OF GOVERNOR BERNARD. 199 put in exigent for Treason Felony Manslaughter or Murther or any other Offence or Crime Whatsoever & also concerning Goods Waving Flotzon Jetson Lagon Shares and Treasures found or to be found Deodand And of the Goods & Chattels of all others Whatsoever taken or to be taken as Derelinct or by Chance found or to be found or howsoever Due or to be due and of aU other Casualty as weU in upon or by the Sea & Shores Creeks or Coasts of the Sea or Maritime parts as in upon or by aU Fresh waters Ports Publick Streams Rivers or Creeks or places overflown Whatsoever with in the Ebbing or flowing of the Sea or High Water or upon the Shores or Banks of any of the same Within our Maritirae Jurisdiction Howsoever Whensoever or by what Means soever arising happening or proceeding or Wheresoever such Goods Debts & Chattels or other the premises or any parcel thereof may or shall happen to be met with or found wdthin our Maritime Jurisdic tion aforesaid & also concerning Anchorage Lastage & BaUast of Ships & of Fishes Eoyal Namely Sturgeons 'Whales Porpuses Dolphins Eiggs & Grampuses and generally of aU other Fishes whatsoever which are of a great or Very Large Bulk or Fatness anciently by Right or Custom or any Ways appertaining or belong ing to us And to Ask require Levy take Collect re ceive and obtain and to the use of us and our Office of High Admiral of Great Britain aforesaid for the time being to keep and preserve the said Wreck of the Sea and the Goods Debts & Chattels and all & singular other the premises together with aU & aU Manner of Fines Mulcts Issues Forfeitures Amerciaments Eaii- soms & Eecognizances whatsoever forfeited or to be forfeited & pecuniary punishments for Trespasses Crimes Injuries Extortions Contempts & other Mis demeanors Whatsoever Howsoever Imposed or In flicted or to be imposed or Inflicted for any Matter Cause or thing Whatsoever in our said province of 200" ADMINISTRATION OF GOVERNOR BERNARD. [1759 Nova Ceesarsa or New Jersey & Territories thereunto Belonging and Maritime parts of the same & thereto Adjoining in any Court of our Admiralty there held or to be held presented or to be presented assessed brought forfeited or adjudged and also all Amercia ments Issues Fines Perquisites Mulcts & Pecuniary punishments Whatsoever & Forfeitures of all manner of Eecognizances before you or your Lieutenants Deputy or Deputies in our said province of Nova Ceesarea or New Jersey & Territories thereunto belong ing and Maritime parts of the same & thereto Adjacent Whatsoever happening or imposed or to be iraposed or inflicted or by any Manner assessed presented forfeited or Adjudged, or however by reason of the premises due or to be due in that behalf to us or our Heirs & Succes sors And further to take aU manner of EecognizanCe Cautions ObUgations Sc Stipulations as well to om- Use as at the Instance of any parties for agreements or Debts & other Causes whatsoever and to put the same in Ex ecution to Cause and Command them to be executed and also to Arrest & cause & command to be Arrested according to the Civil & Maritime Laws & Ancient Cus toms of our said Court all Ships persons things Goods Wares & Merchandizes for the premises & every of them and for other Causes Whatsoever concerning the same Whensoever they shall be met with or found throughout our said province of Nova Ceesarea or New Jersey & Territories thereunto belonging & Maritime parts thereof & thereto adjoining within Libertys & Franchises or without. And likewise for aU other Agreements Causes or Debts Howsoever contracted or arising so that the Goods or persons of the Debtors may be found within our Jurisdiction aforesaid & to hear & examine & finaUy determine & the same with their Emergencies Dependencies Incidents Annexed & connexed causes & Businesses Whatsoever together with all other causes civU & Maritime & complaints 1759] ADMINISTRATION OF GOVERNOR BERNARD. 301 & Contracts and all & every the Eespective premises Whatsoever above expressed according to the Laws & Customs aforesaid and by all other Lawfull Means & Methods according to the best of your Skill & Knowl edge & to Compel aU Manner of persons in that Behalf as the Case shaU Eequire to appear & to Answer with power of Using any Temporal Coertion & of inflicting any other penalty or Mulct according to the Laws & Customs aforesaid and to do and Minister Justice ac cording to the Eight order & Course of the Law sum marUy & plainly looking only into the truth of the fact and to fine Correct punish Chastize & reform & Imprison & Cause & Comraand to be imprisoned in any Goals being within our province of Nova Ceesarea or New Jersey aforesaid & Territories thereunto be longing the parties Guilty & the Contemners of the Law and Jurisdiction of our Admiralty aforesaid & Violators Usurpers Delinquents & Contumacious Ab- sentors Masters of Ships Mariners Eowers Fishermen Shipwrights & other Workmen & Artificers Whatso ever exercising any kind of Maritime Affairs according to the Eights Statutes Laws Ordinances and Custoras anciently observed & to deUver & Absolutely discharge & Cause & Command to be discharged Whatsoever persons Imprisoned in such Cases who are to be de hvered and to preserve and Cause to be preserved the PubUck Streams Ports Eivers Fresh Waters & Creeks Whatsoever within our Maritime Jurisdiction afore said in what place soever they be in our said Province of Nova Ceesarea or New Jersey & Territories there unto belonging & Maritime parts of the same & there to Adjacent Whatsoever as well for the preservation of our Navy EoyaU and of the Fleets & VesseUs of our Kingdoms & Dominions aforesaid as of Whatso ever fishes increasing in the Eivers & places aforesaid And also to keep & Cause to be executed & kept in our said province of Nova Ceesarea or New Jersey & 203 ADMINISTRATION OF GOVERNOR BERNARD. [1759 Territories thereunto belonging and Maritirae parts thereof & thereto Adjacent WTiatsoever the Rights Statutes Laws Ordinances & Customs anciently ob served and to do Exercise Expedite & execute aU & singular other things, in the premises & every of them as they by Right and according to the Laws Statutes Ordinances & Customs aforesaid should be done And Morover to Eeform Netts too close & other UnlawfuU Eiigins or Instruments Whatsoever for the catching of Fishes Wheresoever by Sea or Publick Streams Ports Eivers Fresh Waters, or Creeks Whatsoever throughout our Province of Nova Ceesarea or New Jersey aforesaid & Territories Dependent thereon & Maritime parts of the same & thereto Adjacent Used or Exercised by Water within our Maritime Jurisdic tion aforesaid Wheresoever and to punish & Correct the Exercisers & Occupiers thereof According to the Statutes Laws Ordinances & Customs aforesaid, and to pronounce promulge and Interpose aU Manner of Sentences & decrees and to put the same in Execution with Cognizance and Jurisdiction of Whatsoever other Causes civil & Maritime which Eelate to the Sea or which any Manner of Ways respect or Concern the Sea or passages over the same or Naval or Maritime Voyages or our said Maritime Jurisdiction or the places or Limits of our said Admiralty or Cognizance afore mentioned & aU other things done or to be done with power also to proceed in the same according to the Statutes Laws Ordinances & Customs aforesaid an ciently Used as well of meer office Mixed or promoted as at the Instance of any party as the case shall require & seem Convenient. And Ukewise with Cognizance Sc Decission of Wreck of the Sea great or sraaU & of the death Drowning & view of Dead Bodies of all per sons howsoever Killed or Drowned or Murthered or which shall happen to be killed drowned or Murthered or by any other Means come to their death in the Sea 1759] ADMINISTRATION OF GOVERNOR BERNARD. 203 or pubUck Streams Ports Fresh Waters or Creeks Whatsoever within the flowing of the Sea & high Water Mark throughout our aforesaid province of Nova Ceesarea or New Jersey & Territories thereon depending & Belonging Sc Maritime parts of the same and thereunto Adjacent or Elsewhere within our Mari time Jurisdiction aforesaid together with the Cogni zance of Mayhem in the aforesaid places within our Maritime Jurisdiction aforesaid & Flowing of the Sea & Water there hapning with power also of punishing all deUnquents, in that kind according to the Exigen cies of the Law & Customs aforesaid and to do exercise expedite and execute all & singular other things which in and about the premises only shall be Necessary or thought Meet according to the Eights Statutes Laws Ordinances & Customs aforesaid with fuU power of Deputing & Surrogating in your place for the prem ises one or more Deputy or Deputies as often as you shaU think fit. And also with fuU power from time to time of Naming appointing, ordaining Assigning, Making & constituting whatsoever other Necessary fit & Convenient Offices & Ministers under you for the said Office and execution thereof in our said Province of Nova Ceesarea or New Jersey and Territories thereunto belonging & Maritime part.s of the same & thereto Adjacent Whatsoever Saving always the Eight of our High Court of Admiralty of England & also of the Judge & Register of the said Court from whom or either of them it is not our intention in any thing to derogate by these presents & saving to every one who shall be wronged or grieved by any Definite Sentence or Interlocutory decree which shall be given in the Vice Admiralty Court of our Province of Nova Ceesa rea or New Jersey aforesaid & Territories thereunto belonging the Right of appealing to our aforesaid High Court of Admiralty of England Provided nevertheless 204 ADMINISTRATION OF GOVERNOR BERNARD, [1759 & under this express condition that if, you the said Thomas Boone our Captain General & Governor in Chief aforesaid shall not yearly, to wit at the end of every year between the feasts of Saint Michael the Archangel & AU Saints duly Certifie & cause to be effectually certified if you shaU be thereunto required to us & our Lieutenant Official Principal & Com missary General & Special Judge & President of the High Court of our Admiralty of England aforesaid, all that which from time to time by Virtue of these pres ents, you shall do execute coUect & receive in the premises or any of them together with your full & faithfuU account thereupon to be made in an Authen tick Form & Sealed with the Seal of our Office remain ing in your Custody, that from thence & after Default therein these your Letters Patent of the Ofifice of Vice Admiral aforesaid as above Granted ShaU be NuU & Void & of no force or Effect Further We do [in] our Name command all & singular our Governor & Jus tices Mayors Sheriff's Captains Marshalls Baihffs Keepers of aU our Gaols & Prisons Constables & other Officers & faithfuU & Liege Subjects Whatsoever & every of them as well within Liberties & Pranchises as without that in and about the Execution of the premises & every of them. They be Aiding favoring assisting Submissive & yield Obedience in all things as is fitting to you the aforesaid Thomas Boone our Cap tain General & Governor in Chief of our Province of Nova Ceesarea or New Jersey aforesaid and to your Deputy Whomsoever and to all other officers by you appointed or to be Appointed of our said Vice Admir alty in our Provmce of Nova Ceesarea or New Jersey aforesaid & Territories thereunto belonging & Mari time parts of the same & thereto adjouiing under pain of the Law, & the peril whicli will fall thereon Given cd London in the High Court of our Adrairalty of England aforesaid under the Great Seal thereof the l760] ADMINISTRATION OF GOVERNOR BERNARD. 205 thirteenth day of February in the year of our Lord. one thousand Seven Hundred & Sixty & of our Reign the thirty third. iGoDF. Lee Farrant Admiralty > ofEngland, ) EoglSter. * -X- The above Commission was published at Perth Am boy the 4tli day of July Anno Domini 1760 & at Bur lington the 9th [July] 1760 following. Chas Eead Secry, Letter from Thomas Boone, a resident of South Caro lina, to the Lords of Trade, acknowledging the honor conferred upon him by his appointment as Governor of New Jersey. [From P. R, O., B, T., New Jersey, Vol. 8, 1, 88.] Chaeles Town S° Carolina Feb : 14"^ 1760 My Lords I had the Honour of being made acquainted yester day, by a Letter from your Lordships of the 14"' of Nov' with the Character that his Majesty has been most graciously Pleased to Confer on me, and Eeceive this Testimony of his Majesty's Eoyal Favour with all Imaginable Duty and Humility, I beg to return your Lordships my warmest and most Humble Thanks for your Congratulations on this Occasion, & to assure your Lordships that I shall in Obedience to your Commands, Eepair to New Jersey with aU Possible Diligence. I have the honour to be My Lords Your Lordships most Obliged & Obedient Humble Servant Tho: Booira:. 20c ADMINISTRATION OF GOVERNOR BERNARD. [l760 Letter from Mr. Robert Hunter Morris to Governor Bernard showing why he ought to have been per mitted to resume his office of Chief Justice, and inclosing a copy of the patent appointing him to that office. [From P, R, O. B. T. New Jersey, Vol. 8, 1, 91.] Amboy in New Jersey Feb'y 22 1760 His Excellency Grov^ Bernard Sir Yowv Excellency will receive under this cover, a Copy of the Patent, appointing me Chief Justice of this Province dated in March 1738 the Tenor of which ~"you will observe is during my good behaviour. This Commission was Issued by the Unanimous Advice of His Majesty's Council, And the Appointment was per fectly agreeable to the Assembly then Setting. A little before my acceptance of the Government of Pensilvania, I wrote to the Lords Comraissioners for Trade; And among other things, desired their Lord ships would "Give me leave to resign the Office of Chief Justice," but their Lordships gave me no answer to that letter, which I esteemed a refusal to Comply with my request. And therefore upon my Arrival in New Jersey, on my way to Pensilvania I appUed to M' Belcher His Majesties then Governor, & the Coun cil. I informed them of that part of my letter to ihe board of trade, desired they would agree upon some person to Succeed me, and Offered to resign the Office in form : But both he and the Council told me that the Office of Governor of Pensilvania was not incompati ble with that of Chief Justice of Jersey, as the Prov inces were only Separated by a Eiver, and therefore did not accept of my offer to resign. 1760] ADJtiNISTRATION OF GOVERNOR BERNARD. 207 Being thus continued in the office, I frequently came from Pensilvania into New Jersey, and in part Executed it, but the affairs of that Province would not permit rae to do the whole Business of the Office. In the year 1756 I resigned the Government of Pen- sUvania, removed into this Province, and Exercised the oflfice, tiU towards the end of the year 1757, when I departed for England, with the leave of M' Eeading the then Commander in Chief. These Sir are the facts Your Excellency Seemed de sirous of being informed of, relative to that Office, as to the place itself, you must be sensible that the income of it, is now & has ever been, too inconsiderable to make me in the least anxious about it. I took the office & have held it, rather to prevent it falUng into Contempt than Expecting any Support from it, and am therefore, as I have more than once assured your ExceUency (as to myseU) Extreamly Indifferent about it, but cannot help wishing, for the sake of the province, that an Ofiice of Such Consequence and in which the people are so nearly intrested. May always be in the hands of a Man of independent fortune, & Known In tegrity I have the honour to be. Sir, Your ExceUency's most obedient and most Humble Serv^ Eob* H. Morris Copy of the Patent under Seal of N. York ap pointing Eob^ Hunter Morris Esq^ Chief Justice of New Jersey. Reel with M^: Bernard's L're of 25 Febry 1760 George the Second by the grace of God of Great Britain France and Ireland King defender of the Faith &c To Our trusty and well beloved Eobert Hun ter Morris Esq^ Greeting We reposing especial trust 30^ ADMINISTRATION OE' GOVERNOR BERNARD. [1760 and confidence in your integrity impartialty Prudence and ability Have assigned constituted and appointed and We do by these Presents assign constitute and appoint you the Said Eobert Hunter Morris to be Our Chief Justice of and in Our Province of Nova Caesarea or New Jersey in America iu the place and room of Eobert Lettis Hooper Esq'! deceased our late Chief Justice of our Said Province Giving and by these Presents Granting unto you the said Eobert Hunter Morris full Power and Authority in Our Supream Court of our Said Province to hear try and Determine all Pleas whatsoever Civil Criminal and mixed accord ing to the Laws Statutes and Legal usages of Our Said Province that are not repugnant to the Laws and Stat utes of that part of our Kingdom of Great Britain called England and according to such Laws and Stat utes of our Said Kingdom as now do or hereafter shall be made to extend to our Plantations in America; and Executions of all Judgments given in our Said Court to award; and from time to time to make Such Rules and Orders in our Said Supream Court in our Said Province for the benefit of the Inhabitants of our Said Province as you shall judge to be convenient and use- full for the more easy Speedy and impartial administra tion of Justice and the preventing of unreasonable and unnecessary delays and as near as may be agreeable to the Eules and Orders raade in the like cases in our Courts of Kings Bench Common Pleas and Exchequer in our Kingdom of Great Britain To have and to Hold and enjoy the Said Office and Place of Chief Justice of and in our Said Province of Nova Caesarea or New Jer sey in America with all and singular the rights privi ledges advantages emoluments Salarys profits fees and perquisites to the said office and place of Chief Justice belonging or in anywise appertaining or that of right ought to belong or appertain to the said office as fuUy and amply as any other Our chief Justices of Our Said 1760] ADMINISTRATION OF GOVERNOR BERNARD. 209 Province have or of right ought to have held and en joyed the Same to you the said Eobert Hunter Morris 1 for during your good behaviour in the Same In Testi mony whereof we have caused these our Letters to be made Patent and the Seal of Our Said Province to be hereunto affixed Witness our trusty and well beloved Lewis Morris Esq^ our Captain General and Governor in chief in and over our Province of Nova Caesarea or New Jersey and Territories thereon depending in America and vice Admiral in the sarae &c at our City of Perth Amboy in Our Province aforesaid the seven teenth day of March in the twelfth year of Our Reign annoq" Domini 1738. Burnet Secretarys Office at Perth Amboy in New Jersey The above is a true Copy from Book E 2. page 336 Tho? Bartow SecT Letter from Governor Bernard to fhe Lords of Trade expressing his gratitude at being appointed Gov ernor of Massachusetts Bay. — The solemnization of the Day of Thanksgiving. —Mr. Morris' claim to the office of Chief Ju.st ice. [From P. B. O. B. T. New Jersey, Vol, 8, 1. 89.] Perth Aiviboy feb 25. ITiiO The R* Honble The Lords for Trade & Plan tations My Lords I had the honour on the 15'" inst to receive your Lordships commands by letters severally bearing date Nov 13, Nov 14 & Dec 14. As to the first signifying his Majestys commands for appointing a day of thanks- 14 210 ADMINISTRATION OF GOVERNOR BERNARD. [1760 giving, I must inform your Lordships that I did ap point Thursday the 22 of NoV for a day of thanksgiv ing for the taking Quebeck & other success of his Majestys Arms. Nevertheless as We have since re ceived advice of the defeat of the french fieet by Adm' Hawke, I have issued a proclamation injoyning a thanks-giving for that happy Event on the first Sunday after receipt of Notice of the same. In regard to that dated Nov 14, signifying, that his Majesty had been graciously pleased to approve of my being appointed Governor of the Massachusets bay, I beg leave to assure your Lordships, that I have the highest sense of his Majestys favour, in distinguishing me with this public approbation of my services: and I am very much obliged to your Lordships, as weU for your favourable report of me, as for your congratula tions on the occasion As to that as to your Lordships L're of Dec 14 con cerning M'' Morris's claim of the chief justice ship, I informed My Lord HaUfax by a letter dated Dec 3 which M' Jones solicited & undertook to carry to Eng land, that M' Morris declared he would give M' Jones no trouble about the office. I now transmit to your Lordships a copy of M' Moriis's patent, & also a copy of a letter from him to me, showing his reasons for thinking he ought to have been permitted to resume his ofifice. The whole amount of which is that, as he proposed a resignation on account of his taking the government of Pennsylvania, & he quitted that gov ernment & returned to New .Jersey before your Lord ships had accepted his resignation, the reasons of it ceasing, the resignation itself was revoked. But I ob served to him that in his letter to your Lordships, He did not attribute his desire to resign the office to his taking the Government of Pennsylvania, but to his private affairs not permitting him to attend the duties of it: And therefore your Lordships could not take 1760] ADMINISTRATION OF GOVERNOR BERNARD. 211 notice of his quitting that government as a ceasing of his reasons for his resignation; if it were so he should have signified it to your Lordships & prayed leave to withdraw his resignation As he did not, aU this mis understanding has arose' from his own omission. I cannot however but be sorry that this affair was not properly understood, at a time when it might have been adjusted more easily than it can now. For M' Jones has been so unfortunate, that there is an univer sal dissatisfaction at his appointment: so that it seems to me that it will be difficult for him to hold the office, even if he wiU serve it for nothing. But, as this will depend in a great measure upon the part the Assembly wiU act in this business, I may be premature in troubUng your Lordships with my conjectures tho' founded on the greatest probabiUty Last Saturday I received his Majesty's commands from M' Secry Pitt, to provide for the Service of the next campaign : I have called the Assembly to meet on the 11"* of March. I expect they wall only pass the biU for raising the regiment, and postpone the other business tiU the arrival of M' Boone, to whom I have wrote and have proposed the end of May for his com ing here. V/hen the business of the Assembly is over I shaU acquaint your Lordships with their proceedings. 1 have the honour to be My Lords, Your Lordships most obedient & most humble Servant Fra. Bernard 212 ADMINISTRATION OF GOVERNOR BERNARD. [1760 Letter from Mr. Bernard to the Lords of Trade, con taining an account of the proceedings of the Su preme Court in relation to the claim of Mr. Bobert Hunter Morris to the office of Chief Justice. [From P. R. O., B. T., New Jersey, Vol. 8, 1. 98.] Perth Amboy Mar 22 1760 The R* Hon'ble the Lords Com'rs for Trade & Plantations My Lords Last Tuesday the Suprerae Court opened here ; in the morning of which day M"" Morris came to me and said that the people in general were so uneasy at M' Jones's taking his seat as Chief Justice, that he could not resist their solicitations for him to take the seat & thereby prevent M'' Jones. I reminded him of his promise to me that he would not interrupt M' Jones in taking his seat. He said that he entred into that en gagement upon account of his desire not to undertake any business that was like to give me much trouble : but that, as I was removing from the Province & not Uke to be affected by this contest, He thought he should be remitted of his liberty of prosecuting his right in such manner as he should see occasion. I said that, to be sure, I should release him from this engage ment so far as I was concerned : but I thought it was extended much beyond me. It seemed to me that Your Lordships had an intrest in it, as I had ac quainted you with it more as a public than a private transaction, and that M'' Jones was intrested in it, as most probably he had staid in the Country in depend ence that M' Morris would not obstruct him in taking the ofifice. He replied that his engagement was made 1760] ADMINISTRATION OF GOVERNOR BERNARD. 213 only to me and on my account & that, as my intrest in it ceased & I had released him from it, he consid ered himself as quite free from it. What afterwards passed in the Court will appear to your Lordships from the minutes of the Court, of which I shaU send an exemplification. It may seem to your Lordships that I ought to have interposed the Copy of M' Morris's Eesignation. But, besides that there was no time given for me to order the Attorney general to intervene for the King, I could not have introduced that copy, because being a copy Sc no ways authenticated, it would not have been permitted to be read in a Court, tho' its authority would be undoubted every where else. Altho' this business wUl soon cease to be my con cern yet I must think it my duty to enter a public protest on the behalf of the King against this order of the Suprerae Court. The proper method for doing this appears to be, to order the Attorney General to sue out a writ of error & bring this order before the Governor & CouncU, from whence, if there should be occasion, it may be carried to the privy Council in England either by the Attorney general or by M' Morris. This seems to be the only thing that can be done at present & probably before this can be brought to an hearing before the Governor & Council orders for the further prosecution of this business will arrive from your Lordships. I have the honour to be My Lords, Your Lordships most obedient and most humble Servant Era. Bernard P. S. M' Morris was absent from the Province for sometime (I suppose more than 2 years) before he took upon him the government of Pennsylvania ; after which he never sat as Chief Justice, tiU after he had 314 ADMINISl'RATldN OF GOVERNOR BERNARD. [1760 relinquisht that government. After that He sat once in Nov"' Term 1756, and divers times in each of the Terms in March May & August 1767. Soon after the last he went to England. On the first day of the Term in March l75s M"' Aynsley took his Seat as Chief Jus tice & sat during that Term & the next Terra in May & went the Circuit in May. Before the next Term in August M' Aynsley died : M' Morris did not take his seat upon the bench again untiU Mar 18 1760 being the first day of that Term. Copy of the Minutes of the Supreme Court of New Jersey on the Claim of M^ Morris to resume the Office of Chief Justice. Rec^ with the Gov'^ L're of 22 March 1760. George the Second by the grace of God of Great Brittain France and Ireland King de- - . - * fender of the faith &c Whereas we have inspected certain records in our Supreme court of our province of New Jersey, wherein is contained as fol lows. At a Supreme court of judicature held at Perth Amboy in and for the province of New Jersey on tues day the eighteenth day of March one thousand seven hundred and sixty. Present. The Hon''!^ Robert Hunter Morris Esq- chief -justice Samuel NeviU Esq' second justice— Nathaniel Jones Esq. offered to the Court a commission under the great Seal of the prov ince of New Jersey bearing date the sixteenth day of Noveraber one thousand seven hundred and fifty nine, appointing him chief Justice of the said province and prayed that the same might be read. Whereupon the record of a Commission dated March the seventeenth one thousand seven hundred and thirty eight appoint ing Robert Hunter Morris Esq', chief Justice of the province of New Jersey during his good behaviour in 1760] ADMINISI'RATION OF GOVERNOR BERNARD. 215 the same was read in the words foUowing George the second by the grace of God of Great Brittain France and Ireland King Defender of the faith &c To our trusty and well beloved Robert Hunter Morris Esq^ Greeting. We reposing especial trust and confidence in your integrity impartiality prudence and ability Have assigned constituted and appointed and we do by these presents assign constitute and appoint you the said Robert Hunter Morris to be our chief justice of and in our province of Nova Caesarea or New Jersey in America in the place and room of Robert Lettis Hooper Esq' deceas'd our late chief justice of our said province. Giving and by these presents granting unto you the said Robert Hunter Morris full power and authority in our Supreme court of our said province to hear try and determine all pleas whatsoever civil criminal and mixed according to the laws statutes and legal usages of our said province that are not repug nant to the laws and statutes of that part of our king dom of Great Brittain caUed England and according to such laws and Statutes of our said Kingdom as now do or hereafter shaU be made to extend to our planta tions in America, and executions of aU judgments given in our said court to award and from time to time to make such rules and orders in our said supreme court in our said province for the benefit of the inhabitants of our said province as you shall judge to be convenient and usefull for the more easy speedy and impartial administration of Justice and the pre venting of unreasonable and unnecessary delays and as near as may be agreeable to the rules and orders made in the like cases in our courts of King's bench, common pleas and Exchequer in our Kingdom of Great Brittain. To have and To hold and enjoy the said office and place of chief justice of and in our said province of Nova Caesarea or New Jersey in America with all and Singular the rights privileges advantages 2i6 ADlilNiST RATION OF GOVERNOR BERNARD. [1760 emoluments salary's profits fees and perquisites to the said office and place of chief justice belonging or in anywise appertaining, or that of right ought to belong or appertain to the said ofifice as fully and amply as any other our chief justices of our said province have or of right ought to have held and enjoyed the same to you the said Robert Hunter Morris for and during your good behaviour in the same In testiraony whereof we have caused these our letters to be raade patent and the seal of our said province to be hereunto affixed Witness our trusty and well beloved Lewis Morris Esq. our captain general and governour in chief in and over our province of Nova Caesarea or New Jer sey and territories thereon depending in America and vice admiral in the same &c at our City of Perth Amboy in our province aforesaid the seventeenth day of March in the twelfth year of our reign annoq°- domini one thousand seven hundred and thirty eight. Burnet. Then the Commission appointing Nathaniel Jones Esq"" was read as follows, George the second by the grace of God of Great Brittain France and Ireland King defender of the faith &c To our trusty and weU beloved Nathaniel Jones Esq'' Greeting. We repose ing especial trust and confidence in your integrity impartiaUty prudence and abiUty Have assigned con stituted and appointed And we do by these piesents assign constitute and appoint you the said Nathaniel Jones our chief Justice of and in our province of New Jersey in the room of WiUiam Aynsley Esq' deceas'd. To have hold exercise and enjoy the said office unto you the said Nathaniel Jones for and during our pleas ure and your residence within our said province Together with aU and Singular the rights profits privi ledges and emoluments unto the said place belonging in as fuU and ample manner as he the said WiUiam Aynsley or any other person hath formerly held or of right ought to have held and enjoyed the same with full power and authority to hold the Supreme courts 1760] ADMINISTRATION OF GOVERNOR BERNARD. 2l7 of judicature at such places and times as the same may and ought to be held within our said province. In testimony whereof we have caused these our letters to be made patent and the great seal of our said prov ince to be hereunto affixed. Witness our trusty and well beloved Francis Bernard Esq"' our captain gen eral and governor in chief in and over our province of Nova Caesarea or New Jersey and territories thereon depending in America chancellor and vice admiral in the same &c at our city of Perth Araboy in our said province the sixteenth day of November in the thirty third year of our reign. Read. Whereupon the said Nathaniel Jones Esq'' prayed to have the oath of office to be administred to him and to be admitted. Then an entry in the minutes of this court of March term one thousand seven hundred and fifty eight, at the request of Nathaniel Jones Esq' was read in these words (a commission appointing William Aynsley EsqV chief justice of the province of New Jersey was openly read Aiso other entrys shewing that WiUiam . Aynsley Esq. deceas'd Satt as chief justice for the said term of March one thousand seven hundred and fifty eight and the term next following and that M' Nevill satt as second justice of said court As the motion of Mv Jones raight effect Mv Morris he decUned giving any judgment thereon, and Mv NevUl second justice deliv ered the opinion of the court as foUows. That since the comraission to MV Morris grants him a freehold in the office of chief Justice of this province of New Jer sey, and nothing was shown legally to divest him thereof This Court therefore cannot administer the oath of ofifice to Mv Jones nor admitt him to enter into the execution of said ofifice of chief Justice, but leave his right to said office if any he has to be determined by a due course of law. Mv Morris requested David Ogden and Charles Eead EsqV' to enter his appearance. to and defend any action or suit that shaU or may be brought against him respecting this matter. In testi- 218 ADMINISTRATION OF GOVERNOR BERNARD. [1760 mony thereof we have caused the seal of our said prov ince to be hereunto affixed Witness our trusty and well beloved Francis Bernard Esq' captaiu general and governor in chief in and over our province of New Jersey and territories thereon depending in America chancellor and vice admiral in the same &c at our city of Perth Amboy the thirty first day of March in the thirty third year of our reign annoq'' Doraini one thou sand seven hundred and sixty. Letter from Thomas Boone, resident of South Caro lina, to the Lords of Trade, acquainting them with his intention to embark in a few days in order to as,sume the government of New Jersey. [From P. R. O. B, T, New Jersey, Vol, 8, 1. 95.] Charles Town S° CaroUna March 24"- 1760 My Lords In Obedience to your Lordships Comraands, Com municated to me by letter bearing date Nov' 14*, the receipt of which by two different Merchant Ships I have acknowledged, I have made aU Convenient Dis patch, and shaU Embark in a very few days for New York in a Vessell I have hired, no other speedy oppor tunity Presenting itself. I make no doubt of Arriving Sufficiently Early as by a Letter from M' Bernard of the 18* last past from Amboy, I understand the Packet Just there from Fal mouth in 38 days had not brought him my Commis sion, I shall trouble your Lordships no further at this juncture but have the honour to be My Lords Your Lordships most Obedient and most Humble Servant Tho : Boone 1760] ADMINISTRATION OF GOVERNOR BERNARD. 219 Letter from Governor Bernard to Secretary Pitt — en closing his address to the Council and Assembly, together with the answer of the Assembly. [From P. R. O, America and West Indies, Vol. 72,] Perth Amboy Mar 26 1760 The R* Honble William Pitt Esq. S' I had the honour to receive your letter of the 7"' of January on the 23*^ of febry & in pursuance of his Majesty's commands, I immediately caUed the general Assembly & communicated to them his Majesty's pleasure. They with their usual unanimity & dis patch prepared a biU for raising the same number of Men as they did for last campaign, so that I passed it yesterday & am now preparing to recruit the Eegi ment with aU possible expedition. As the People of this Province particularly desire Sc truly deserve to be seen in a favorable light by his Majesty & his Ministers, I take the liberty to enclose a copy of the Assembly's address upon this occasion with my Speech as introductory thereto ; & to assure your honour that this province will always be ready to contribute its full share to his Majestys Service I have the honour to be, with great esteem S' Your most humble and most obedient Servant Era. Bernard The Speech of His Excellency Francis Bernard, Esqf Captain General and Governour in chief in and over the Province of New Jer- 220 ADMINISTRATION OF GOVERNOR BERNARD. [l760 sey, and Territories thereon depending in America, Chancellor and Vice Admiral in the Same, &c. To the General Assembly of the said Province, met at Perth Amboy, on Thursday the 13'.'' of March, 1760. Gentlemen of the Council, and Gentlemen of the House of Representatives I am honoured with his Majesty's Commands to the same Pm-pose with those which I communicated to you last year ; to induce you to raise with all possible dispatch, within this Government, at least as large a Body of Men as you did for the last Campaign, and as many more as the Number of its Inhabitants may al low, to act in Conjunction with his Majesty's British Troops, under the Command of his Commander in chief in America, for the further Reduction of Canada. I have called you together with aU possible Expedition, that you may lose no Time of showing your Gratitude to his Majesty, by a most ready and hearty Obedience to his gracious Commands, which are Wholly dictated by his fatherly Care for the Preservation of his Sub jects on this Continent. At the Opening of the last Session, I had great Oc casion to congratulate you on the Success of his Maj estys Arms : But how rapid has the Progress of them been since ? Victories and Acquisitions have foUowed one another so close, that we not been able to keep pace with them in our Thanksgivings : We have been lost in Amazement at the great things God hath done for us, and have found our Hearts too full to express our Sense of his Mercies. The Time is now come, which a few years ago was the Object of our Wishes more than our Hopes. The exorbitant, and heretofore formidable Power of France, 1760] ADMINISTRATION OF GOVERNOR BERNARD. 221 is humbled to the dust ; her Trade lost ; her Credit sunk ; her Treasury exhausted ; and her fleets de stroyed, even to what she owned to be her last Ee- source— Canada, the inveterate and implacable Enemy of these Provinces, is hunted down ; and waits only for the March of the British army to surrender the yet unreduced Parts of it. These are (under God) the Ef fects of the Wisdom and Steadiness of his Majestys CouncUs, and the Conduct and Bravery of his Forces ; These are the fruits of those Armaments to which you have contributed your proportional, tho' smaU Share ; and these are the Encouragements, which wiU induce you to continue the same Efforts tiU the whole Work shaU be compleated. Gentlemen of the House of Representatives. I shall order the Letter I have received from Mv Sec retary Pitt, and also one from Major General Amherst, to be laid before you; from whence you will see the Necessity of furnishing your full Coraplement of men for the Service of this Year: Two Provinces on this Continent have already set the Example. I am also to inform you, that the Lords of the Treasury have, out of the money granted by the Parliaraent of Great Britain for that Purpose, allotted to this Province near Ten Thousand Pounds SterUng for its Service in the Year 1758, which is to be paid to the order of the Whole Legislature. It will therefore be proper, either by a concurrent Eesolve, or by a Clause in the Act, to give the Treasurers a Special Power to receive this money, and place it to the pubUck Account. Gentlemen, I shall have occasion to speak to you again', when ' When he transmitted to the Assembly his flnal address he said, " I do assure you that I shall leave this proviuce with regret. Yoiu' good disposition toward his Maj esty's govemment, and your kind acceptance of my services, had given me the fairest prospect of an easy and creditable administration. I had flattered myself 232 ADMINISTRATION OF GOVERNOR BERNARD. [1760 the important Business I now commit to you, has had your full Consideration. At present I have nothing more to add, but to desire you would Maintain the Credit you have acquired in the Prosecution of this War, by your Earnestness, Unanimity and Dispatch, in providing for the Speedy Ending of it. Fra: Bernard To His Excellency Francis Bernard, Esqf Cap tain General and Grovernor in Chief in and over his Majesty's Province of New Jersey, and Territories thereon depending in America, Chancellor and Vice Admiral in the same &c The humble address of the House of Eepre sentatives of said Colony, in Greneral Assembly met. May it please your Excelleticy We his Majesty's dutiful and loyal Subjects, the Eepresentatives of the Colony of New Jersey, in Gen eral Assembly conven'd. beg leave to return your that I might have done lasting service to this province in assisting to compose the differences that still prevail in it, to remove the few fears and jealousies, if any, that now remain, to rectify the little errors in pohcy which have inadvertently crept into the administration, and above all, to establish a perfect harmony in the general government, upon the surest foundation, an exact balance of the several political powers which compose it." The Assembly in their answer, appear to have been aware of his merits. Say they: "Your Excellency's leaving this govemnient, we esteem as a pubhc loss, having in our minds anticipated the happiness we had the greatest probability of enioying under your administration. Your knowledge in the profession you exer cised antecedent to bis Majesty's appointment of you to preside here, flattered us with hopes of a speedy and equitable decision of the only Utigation of consequence which exists in the Colony [an allusion to the land question, mvolving the titles and rights of the Proprietors], and your general conduct will remain gratefully im pressed on the minds of the people, who will ever consider themselves in a manner interested in your future care and happiness." He started for his government of Massachusetts Bay about the 1st of July, des tined to be far less agreeable to him than the one he was leaving. — New A-merican Magazine, published at 'Woodbridge. — En, 1760] ADMISriSTRATION OF GOVERNOR BERNARD. 223' Excellency our hearty Thanks for the early Advise you gave the Members of the General Assembly, of the Necessity of their meeting on a Matter very im portant to the Welfare of this Colony, and for your favourable Speech at the opening the Session. We assure your ExceUency, that we entertain the most grateful Sense of his Majesty's paternal Care over his Colonies, and shall exert ourselves to the utmost of our Power, to add as great a Number of Troops to his Majesty's Army, as our Circumstances wih Admit of. We esteem the great Blessings of Providence on his Majestyes Arms, as a certain Indication of the Justice of his Cause; and with the utmost Thankfulness, adore the Divine Goodness, in the extraordinary Interposi tion of Heaven in our favour. The Steadiness and Wisdom of his Majesty's Coun cils; the Confidence of the Nation in his Ministers: the Slavery of his Forces both by Sea and Land, give us the most joyful Expectations that he Will, by the favour of Providence, be enabled to Oblige the French King to submit to equitable Terms of Peace, and to restrain hira from making such unjustifiable Encroach ments on his Neighbours, as have occasioned, in their Consequences, the Euin of his Navy; loss of his Trade; the dismembering his Dominions, and the greatest Distress araong all his Subjects. The Letters from the Eight Honourable Mf Secre- .tary Pitt, and his Excellency General Amherst, laid before the house by your Excellency, convince us of the necessity of Supplying Troops for the General Service; and we have resolved to send this year a Complete and weU appointed Eegiment into the Field, to Act under the direction of his Majesty's Command er in chief, and hope that both the Officers and men wUl support the Credit and honour our Eegiment hath justly Obtained in the Course of the American Wars. '224 ADMINISTRATION OF GOVERNOR BERNARD. [1760 We shaU take effectual Care to authorize proper persons to receive and place in the Treasury, the Sum allotted for the Quota of this Colony, out of the money which the Tenderness of his Majesty and the British Parliament, for those Infant Colonies, have induced them to grant in Aid ,of the heavy Taxes to which the Vigorous Prosecution of this War has subjected the Colonies; and we most thankfully receive this Bounty. By order of the House, March 22l 1Y60. Samuel Nevill Speaker. His Excellency's Answer. Gentlemen I thank you for this dutiful Address, wherein your Loyalty and Gratitude to his Majesty, are so fuUy and forcibly expressed : 1 shall take Care to represent it so, that you may still appear in that favourable Light, in which you have been deservedly placed. Letter from Governor Bernard to the Lords of Trade — commenting on the BiU for raising troops in the Province. [From P, R, O. B. T, New Jersey, Vol. 8, 1, 94,] Perth Amboy Mar 29. 1760 R* Honble Lords Comm'rs for Trade & Planta tions. My Lords Having received his Majesties orders from M' Sec'ry Pitt to provide for the next campaign I caUed the Assembly with all possible expedition. They accord ingly met & having resolved to do no other business but bring in the bill for raising the regiment, they 1760] ADMINISTRATION OF GOVERNOR BERNARD. 225 passed that biU with great Unanimity & dispatch & I accordingly enacted it on the 25"" inst. The Bill is in the same words with the former except two special clauses at the end of it. As to the offices appointed by the biU. I named the paymaster myself having particular occasion so to do: as this was assented to against the general opinion of the house, I left it to them to appoint the Commissaries, whom I had no reason but to approve of. In regard to the times of sink ing of the money, I thought it unnecessarily prolonged & signified my disapprobation of it by a Message, in which I proposed that if they would add a clause to appropriate all the Money that had been or should be granted them by ParUament to the sinking the money now raised, the times for sinking it by Taxes might stand as it was. This being readily agreed, to I waived my objection, as it is most probable that the Money granted by ParUament alone will sink the whole sum now raised being 45,000 pounds in less than 4 years. This is the subject of the two last clauses before mentioned. As for another objectionable part of the biU, that the paymaster &c have power to draw on the treasurers without the Medium of the Governor and Council, All the reasons that I gave for complying with it last year have the same or greater force now. To which another forcible one must be added, that it would be improper for me to begin a dispute which must be left to my Successor to finish : it wiU be much better for him to chuse his own time & manner to introduce a reform, which wiU at aU times require nice conduct. The good Temper which the people of the province are now in, will appear from the addresses of the Assembly; which, tho' expressed in terms too favour able to me, must be considered as the best evidence of a general good disposition to government. I make no doubt but that M' Boone wUl be easily placed in the 15 226 ADMINIStRAOlON OF GOVERNOR BERNARD. [l760 same state of confidence & credit that I am in; as my connexions will be opened to him, and ray poUcy, as it is very simple, will be easily explained. I have not yet received the commissions, the packet boat, which is now due, not being arrived: Neither has M"' Boone fixed any time for his arrival here. Gov' Pownall writes me now, that I must, if possible be at Boston by the middle of May to be ready to open the New Assembly which raeets at the end of May. I hope there will be no danger but that M'' Boone & the Commissions will arrive before that time I have the honour to be My Lords Your Lordships raost obedient & most humble Servant Era. Bernard Petition of the Earl of Stirling and others to the King —praying for payment of the purchase money for Long Island, granted to their ancestors. [From New York Colonial Documents, Vol, VH,, p. 430.] To THE Kings Most Excellent Majesty in Council. The humble Petition of William Earl of Stir- hng, who is nearest heir male to William the first Earl of Stirling, And also to Henry the last Earl of Stirhng, who died in the year 1739, and of William Phillips Lee of the City of New York Esq'' And Mary Trumbull of East Hampstead Park in the County of Berks Sp'' which said William 1760] ADMINISTRATION OF GOVERNOR BERNARD. 227 Phillips Lee and Mary Trumbull are Heirs at Law of the said Henry the last Earl of Stirling Sheweth That His late Majesty King James the first by Let ters Patent bearing date the 3 day of November 1621, did grant to the Council for the Affairs in New Eng land in America, their successors and assigns "AU the "land of New England in America lying and being in "breadth from 40 Degrees to 48 Degrees of Northerly " Latitude, and in length of and within the breadth " aforesaid throughout the Main Land from Sea to Sea. " That the said Council did in the year 1635 among other things grant to WiUiam Alexander Earl of Stir ling, " AU that Island or Islands theretofore called by the name or names of Matawock, or long Island, and thereafter to be caUed by the name or names of Isle or Isles of Stirling, situate, lying and being to the West ward of Cape Cod or Narohigansets, within the Lati tude of Forty or forty one Degree^ or thereabouts, abutting upon the Main Land between the two Eivers there known by the several Names of Connecticut and Hudson's Eiver, with all the Islands abutting or oppo site to the same within 5 leagues of the Main. That in the year 1636 the said Earl of Stirling de puted Capt. James Forrest his Agent and Governor for the said Island, whom he, that same year, sent over with a number of People for Planting the same, who arrived safe there, and made the first EngUsh Settlement in that Country, and in a few years it be came a fiourishing Colony and aU the settlers were tenants to the Earl of StirUng. That the said WiUiam Earl of StirUng died in the year 1640 and was succeeded by his grandson WUUam, who died a few months after him, and the said last named Earl was succeeded by his Uncle Henry, who 228 ADMINISTRATION OF GOVERNOR ¦ BERNARD. [1760 did not weU understand his American affairs, yet maintained his Governors in the said Islands of Stir Ung or Long Island, and promoted the further settle ment thereof, which was frequently interrupted by the Dutch, who intruded into the same from their Colony of Nieu Netherland (now the Province of New York) But the said Earl of StirUng's New Governor Major Forrester opposing the Dutch in their attempts to settle at the West End of the said Island frequent contentions arose on that account, which were attended with a very considerable expence to the said Earl of Stirling. That in or about the year 1662 the said Major Forres ter and the Dutch Governor of Nieu Amsterdam agreed upon a conference for settling the said disputes and the said Major Forrester attended at the place appointed for that purpose, but the Dutch Governor instead of conferring with him seized his person, and put him on board a ship bound to HoUand, but the said ship being by stress of weather forced into Spithead, Major Forrester was there releived from his imprisonment by the Cap tain of an EngUsh Man of War. That this and other injuries occasioned a War between England and the United Provinces which was declared in the year 1664. That James Duke of York having a design to plant an English Colony between the Eivers of Connecticut and Delaware by the name of the Province of New York, and to drive the Dutch from their settlements at Nieu Amsterdam, and hearing much of the good ness of the soil of the said Islands of StirUng or Long Island, and of their contiguity to the Said Nieu Am sterdam, made application to Henry Earl of Stirhng for purchasing his rights and title to the same, and in the year 1663, the Earl of StirUng agreed to seU the said Island to the Duke for £7000 StirUng, but the same not being paid, he did not convey his right or title to the Duke of York. 1760] ADMINISTRATION OF GOVERNOR BERNARD. 229 That on the 12"' of March 166f James Duke of York obtained a grant from his brother King Charles the Second of all the Country between Delaware Eiver and Connecticut Eiver, by the name of the Province of New Tork, including therein the said Islands of Stirling or Long Island, and in the year 1664 King Charles the Second sent Sir Eob' Carr and Col. Eichard Nicholl with an arraed force to conquer the Dutch Colony of Neiu Netherland, which was affected the same year. That the said Earl of StirUng made frequent applica tion to the said Duke of York for the payment of the said £7000 but never could obtain payment of the sarae or any part thereof and on the IO"" day of November 1674 the Duke of York agreed in Ueu of the said £7000 to give the said Earl a Pension of £300 per annum out of the Eevenues arising from his Province of New York; but tho: frequent appUcation was made to His Eoyal Highness for the payment of the said Pension, and after he carne to the Crown the like appUcation was made to him and from time to time continued to his Successors down to the year 1712, no recompense has yet been obtained. That on the Duke of York's succession to the Crown, the said Province of New York became part of the in heritance of the Crown, and Quit Eents of the same, together with those of the said Islands of Stirling or Long Island have ever since been received by the Receiver General of His Majesty's Eevenues of the Province of New York. That the Pet" humbly apprehend, that they are, as heirs of the said Earl of StirUng intitled in Equity to the said Islands of Stirling or Long Island, or the Consideration money which was agreed to be paid for the same, but the said Islands being now inhabited and possessed by many thousands of His Majesty's good subjects who have long enjoyed th^ir e3tate3 under Grrants from His Majesty and his predecessors, or by 230 ADMINISTRATION OF GOVERNOR BERNARD. [1760 bona fide purchases from Grantees under the Crown, who have regularly paid their Quit Eents to the Eeceiver General, and to whom it would now be the greatest hardship and distress to purchase a New Title to their possessions from the Pef^ or be dispossessed of the same by Suits at Law. Your Petitioners therefore most humbly pray your Majesty would be graciously pleased to order payment to be made to them of the £7000 with the Interest thereof or to give directions that such lands inthe said Islands of StirUng or Long Island as have not been hitherto granted by the said Duke of York, afterwards King James the 2'^ or any of His successors, may be restored to your Petitioners: And the Quit Eents now arising from the lands which have been so granted, may for the future be paid to your Petitioners. And Your Pet" as in duty bound shall ever Pray &c Stirling W" Phillips Lee [June 1760] Mary Trumbull Representation from the Lords of Trade to the King respecting the Dispute between Robert Hunter Morris and Nathaniel Jones for the Office of Chief Justice in the province of New Jersey, [From P. R. O. B. T. New Jersey, Vol. 16, p. 293.] To the King's most Excellent Majesty. May it please Your Majesty, Francis Bernard EsqV Commander in Chief of Your Majesty's Proviuce of New Jersey, having in several Letters which We have lately receiv'd from him, rep resented the Difiiculties he has labour'd under, and the 1760] ADMINISTRATION OF GOVERNOR BERNARD. 231 confusion which has arisen in the Province, from a Claim set up by Eobert Hunter Morris Esq- to resume the Office of Chief Justice, to which he was formerly appointed, in Opposition to the Eight of Nathaniel Jones Esq!', whom Your Majesty was pleased to appoint to that Office in June 1759; We think it Our Duty humbly to lay before Your Majesty a State of the whole matter, to the end that your Majesty may give such Directions as shall appear expedient & necessary for bringing it to a proper and speedy Determination. It appears that, upon the Death of Eobert Lettice Hooper Esq"^ who by Your Majesty's Warrant dated the 29" of February 1Y2Y-S had been appointed Chief Justice of New Jersey, during Your Roycd Pleasure and his Eesidence in that province, Lewis Morris Esq": at that time Governor of New Jersey, did, by Letters Patent under the Provincial Seal, (a Copy whereof We humbly beg leave to annex, ) give and grant the said Offlce to Eobert Hunter Morris Esquire during his good Behaviour. By "Virtue of these Letters Patent M' Morris exer cised and enjoy'd the Office of Chief Justice, untili his return to England about the year 1753. And after re siding here considerable time, he, by his Letters to us dated the 31^.' of March 1754, "desired Leave to resign his said Office, as his private Affairs would not permit him to attend to the Duties of it." It was not tiU the beginning of the year 175Y, that we were enabled to recommend to Your Majesty a proper person to supply the Vacancy Occasion'd by this Eesignation. In the mean time M' Morris return'd to America, being appointed Lieut' Governor of Penn sylvania; and on his quitting that Government he re- pau-'d to New Jersey, and (as M'^ Bernard informs us) resumed his Seat as Chief Justice in Novemb: Term 1Y56, and in each of the Terms in March, May and Aug ust in the Year 1T57, at the latter end of which he re turn'd to England. 232 ADMINISTRATION OF GOVERNOR BERNARD. [1760 On the 16'^ of Febry 175Y, your Majesty having been pleased, in Consequence of Our humble Eepresentation, to appoint Wf Aynsley Esq' to be Chief Justice of New Jersey, he accordingly repair'd to that province, and perforra'd the Duties of his station during the Terras in March and May 1758; soon after which he died. And it is remarkable, that, during this Course of time M-' Morris neither contested the Appointment of M' Aynesley here, nor set up any Claim of prior Right in the province. Upon his Eeturn to New Jersey however in Aug*:' 1759 (at which time there was no person on the Spot appointed by your Majesty) M' Morris signified to Governor Bernard his Intention to resurae Office of Chief Justice, by Virtue of his forraer Patent, which, he said, was not Surrender'd or any otherwise deter min'd. To this Claim the Governor objected the sev eral Eeasons contain'd in his Letter to us, of the 28"" of August last, (an Extract of which We humbly beg leave to annex) and it was at length agreed between them, that M' Morris should suspend his purpose and that the Governor should not appoint any other person to the Office, untiU further Directions should be receiv'd from hence. In the mean time Nathaniel Jones Esq', whom your Majesty was pleased in June 1759 to appoint Chief Justice of New Jersey, in the room of Wf Aynsley Esq- deceased, arrived in the Province, & claimed to be admUted to that Office, in Virtue of the Royal War rant; But M'Morris insisted on his former pretensions. On the 22* of Febry last, he set forth, in a letter to the Governor, (of which We humbly beg leave to annex a Copy,) the Eeasons on which he founded those Preten sions. And on tbe IS'" of March, the first day of the Session of the Supream Court, having previously sig nified his Eesolution to the Governor, he took the seat of Chief Justice in that Court. And it appears by the 1760] ADMINISTRATION OF GOVERNOR BERNARD. 233 Minutes of the proceedings of the said Court on that day, that on M' Jones's request to take the Oath of Office and to be admitted, the second Justice, (M'.' Mor ris decUning it) deUver'd the Opinion of the Court, as foUows, "That since the Commission to M- Morris "grants to him a Freehold in the Office of Chief Jus- "tice of this province of New Jersey, and nothing was "shewn legaUy to divest him thereof; this Court there- "fore cannot administer the Oath of Office to MV Jones, "nor admit him to enter into the Execution of the "said Office of Chief Justice, But leave his Eight to " said Office, if any he has, to be determin'd by a due "Course of Law." Against this Eesolution, Mv Bernard has thought it his Duty to enter a pubUck Protest on Your Majesty's Behalf, as appears by his Letter to us of the 22" of March last, a Copy of which, together with an Extract of a preceeding Letter dated the 25"" of Febry, We humbly beg leave to annex. Having thus fully stated to your Majesty the several particulars of the Case, We have only further to offer our humble Opinion, that your Majesty should be grac iously please to referr the whole raatter to your Attorney Gen!, with Directions to consider and report what Measures are most proper to be taken in Order to sup port your Majesty's Eight of Nomination against the extraordinary and unprecedented Claim of M"' Morris. Which is most hurably submitted. Dunk Halifax. Soame Jenyns WhitehaU | W. Sloper. June 17 ? 1760 [ B'^ Elliot. 234 ADMINISTRATION OF GOVERNOR BOONE. [1760 Letter from Governor Boone tothe Lords of Trade — informing them of his arrival in New Jersey. [From P. R, O. B. T, New Jersey, Vol. 9, K, 1,] New Jersey Perth Amboy July 15'.^ 1760 My Lords I have the Honour to acquaint your Lordships that I lost no time in transporting myself hither, after I had received my Commission from on Board the Devonshire Man of war, which was Published here on Friday the 4"' with the usual Ceremony, and on the 9" foUowing at BurUngton: Nothing my Lords of moment, has occurr'd since my having assumed the administration, but I thought this Notification neces sary, of my being now actually on the Spot to Eeceive your Lordships Comraands, I have Honour to be my Lords with the utraost Eespect Your Lordships raost Obedient & most Humble Servant Tho: Boone.' at the time of his appoint ment as GoTornor of New Jersey, was a citizen of South Carohna, It is be lieved that prior to this appointment he had been a resident of the former province, although such belief is founded rather upon his own assertion than upon tradition or other testimony. The time and place of his birth, and even of his death are not definitely known, although it is almost beyond doubt that both of these events took place in England, Mr. William A. Whitehead in his '¦Contributions to the Early History of Perth Amboy," p. 177, says: "It seeras probable, however, that he was the son of Thomas Boone, Esq,, of the County of Kent, who died in the year 1749; and related in some way to two or three of the name who held important trusts under the Crown— one of them, George Boone, being Gentleman of the Bedchamber to the Prince of Wales in 1740," It is a remarkable fact that although his appointment was made November mh. 1760] ADMINISTRATION OF GOVERNOR BOONE. 235 Letter from R. H. Morris to Governor Boone, setting forth the state of the dispute between him and Mr. Jones for the office of Chief Justice. [From P. E. O, B. T,, New Jersey, Vol, 9, K. 3,] Amboy Aug'.* 10'^ 1760 To His Excellency Gov^ Boone M' Barnard having left the Province without in forming you of the Circumstances, under which the Offlce of Chief Justice is at present held; I think it my duty to lay before your Excellency, a full state of the Matter, and am happy in having an Opportunity of Submitting my Conduct on this Occasion to a Gentle man of Your Candor and understanding. In 1738 I was Appointed Chief Justice of this Prov ince, during good behaviour; and Continued in the Exercise of the Office till 1749, when at the request of his Majesty's Council, I went to England, to lay be fore the Ministry the state of the Colony, then dis turbed by frequent Eiots, and thrown into the utmost disorder and Confusion. In March 1754, Just before I was named to the Gov ernment of Pensilvania, I wrote to the Board of Trade, 1759, he did not receive his Commission until about the first of July, 1760, and did not meet the Provincial Assembly until the thirtieth of October following, nearly a year after the date ofhis appointment. In less thau six months from that time, April 14th, 1761, he was appointed Governor of South Carolina, and on the thirtieth of October of the same year was superseded by Governor Hardy, who had been appointed his successor. Govemor Boone seems to have made many warm friends during his brief career in New Jersey, and this was, doubtless, due to his genial manners and honesty of purpose, rather than to his learning and ability as a chief magistrate. He held the government of South Carolina a little more than two years, when, having been removed, he repaired to England, where for several years he held the oflce of Commissioner of the Customs. He lived through the flrst ten years of the present century, and how much longer we are tmable to say. 236 ADMINISTRATION OF GOVERNOR BOONE. [1760 desiring their Lordships "would give me Leave to Re sign the Office of Chief Justice." I had no Answer to that letter; And therefore as I Passed through New Jersey to Pensilvania, I made the same request to the Governor and Council; But they decUned Accepting my Eesignation, Saying the Offices were not incom patible, And the Provinces only separated by a Eiver. I went on then in the Discharge of the Duties of the Place, as weU as the Perplexed Affairs of Pensilvania would permit, tiU 1756, when having Eesigned that Government, I Eeturned to New Jersey, and Eemaind in the fuU Exercise of the Offlce tiU October 1757. I beg leave to Observe that in AU this time; a space of near four years, I had not the least Intimation, that the Board of Trade considerd my Request of March 1754 as a Eesignation. In October 1757, I obtained Leave frora the Presi dent of the Council to go to England; During my stay there, I Eeceived Information from America, that M' Ainsley was. Pursuant to his Majesty's Mandamus, Appointed Chief Justice of this Province: I Expressed my surprise thereon to your Predecessor, then in Lon don; And Endeavoured to see the Earl of HaUfax, but was so unfortunate as not to have an opportunity of speaking to his Lordship upon the subject. When I returned to New Jersey, M' Ainsley was Dead, and tho' I had no doubt of my Eight to Resume the Bench, Yet, as M'' Barnard apprehended it might Embarras his Adrainistration, I declined it till he should hear from England ; But He, being soon after informed of M'' Jones' Nomination, told me, / was quite at Liberty to take any measures I thought Proper, Aiid that he wish'd nothing more than to see me established upon the Bench. The Character of M"' Jones which came here before him, and the Absurdity, to say no worse, of his be haviour, after his Arrival, greatly alarmed the People of aU Ranks; And Occasioned the strongest SoUicita- i760] ADMINISTRATION OF GOVERNOR BOONE. 237 tions from the most considerate men in the Province, That I would insist on the Tenure of my Commission, and Eesume the Bench. Your Excellency wUl be the Less Surprised at the Earnestness, and Apprehensions Expressd on this Oc casion, As you are sensible the first seat in the Highest Court of Comraon Law, in the Provioce, is of great Importance to the PrivUeges and Properties of the People, and may EssentiaUy Affect the Eights and Prerogatives of the Crown It may not be iraproper here to inform your Excel lency, that the profits of the Office fall short of one hundred pounds Sterling A Year a sum, by no means adequate to the trouble and Expence attending the Employment. — I was therefore very indifferent as to the benefits arrising from the Office, But could not be so, when the PubUck safety was at stake, and the Eoyal Authority ready to faU into hands that must have brought ^it into the utmost Conterapt. — Even under these Circumstances, I did not set up my Claim with out acquainting M'' Barnard with my intentions who, m Presence of M'' Ogden and M'' Eead, Acquitted me Again, of any Engagements to him on the Occasion; and at the same tirae was Pleased to thank me for the tenderness and Eegard I had shown to his Adminis tration. For what Pass'd in Court upon M'' Jones's producing his Coraraission, I beg leave to referr your ExceUency, to the Minutes of that day, which I have the honor to inclose. My own and the Conduct of my famUy, who have been Constantly ingaged in Support of the Eoyal Authority, in these Colonies, when it stood in need of every aid, Eender it unnecessary to vindicate myself, even from the surmise of Opposition to Government; For this I may Appeal to the Minutes And papers of the Board^of Trade, and to the Eecords of this and the Neighbouring]^ Provinces of New York and Pensil- 23S ADMINISTRATION OF GOVERNOR BOONE. [l760 vania. — Besides, a People unused to the Necessary Subordinations of Government, are in danger of faU ing into LeviUing and Democratical Principles, And I am too Sensible of the Mischievious Tendency of such a Spirit, to be led into measures that might encourage it; And which, by weakening the Administration must destroy the Peace and Happiness of the Provinces. Upon the whole Sir as I know you have nothing so much at Heart, as to maintain the Dignity of the Crown and promote the Prosperity of the Province, I beg Leave to Assure your ExceUency, That whatever the Issue of this Aff an- raay be, you wiU find me ever ready to Concurr in every measure Conducive to those Salutary Ends. I have the Honor to be with Great Eespect Sir Your Excellency's Most Obed' and Most Humble Serv. '^^rtry To. H. E. Gov!- Boone Letter from Governor Boone to the Lords of Trade — transmitting the foregoing letter from R. H. Morris. [From P. E. O. B. T., New Jersey, Vol. 9, K. 2.] Perth Amboy Sept 3'' 1760 My Lords Since I had the honour of writing to your Lordships the lo'-" of July, nothing of the least Consequence has happened in this Province. The Papers which I now take the Uberty to Enclose 1760] ADMINISTRATION OF GOVERNOR BOONE. 239 to your Lordships, have been transmitted me by M' Morris, who from an apprehension that a Particular and Satisfactory Account of his Opposition to M"' Jones had never reached your Lordships, Proposed to me to Convey the Enclosed; I assented without hesitation, & the rather, because in your Lordships Letter to Gov'' Barnard of the 14'.'' of December you appear to me desirous of all Possible Information on this head, and because, I am a perfect Stranger to the Eepresenta tion that Gov!' Barnard may have given your Lord ships of this Matter, for though I requested a Sight of his Letter to your Lordships, in order to Know fully, & fix more strongly the Circumstances in my memory than the common recital in conversation which he did give me could Possibly do, (for in this Eespect M'' Monis is mistaken) Yet from huriy or Accident he Omitted it I cannot therefore think the Trouble I now give your Lordships unnecessary I have the honour to be My Lords with the utmost Eespect Your Lordships most Obedient Sc most Hum''!^ Servant Tho. Boone. Order from Secretary Pitt to continue the use ofthe former Seal of New Jersey. [From Book AAA of Commissions, in the Secretary of State's OfSce Trenton, N, J, fol. 34.5.] GrEOEGE E. Our Will Sc Pleasure is and We do hereby Authorize and Impower you to make Use of the Publick Seal made use of within our province of New Jersey, in America during the Life Time of our Dearest Grand Father the late Deceased King for Sealing aU things Whatsoever that are Used to be Sealed therewith un- 240 ADMINISTRATION OF GOVERNOR BOONE. [l760 tiU Another Seal shaU be prepared & Transmitted to our said Province duly Authorized by Us And for so doing this shall be your Warrant Given at our Court at Saville House the i!0th day of October 1760 in the first year of our Eeign. By His Majestys Command. W. Pitt. Superscribed. To our trusty and Well beloved Thoraas Boone Esq. our Captain General & Governor in Chief in and over our Province of Nova Ceesarea or New Jersey in America And in his absence to the Commander in Chief or to the President of our Council of our said Province for tlie Time being. Letter from Governor Boone to Secretary Pitt in regard to the imputed illegal Trade in New Jersey. [From P. R. 0., America and West Indies, Vol. 73.] Perth Amboy New Jersey Oct: 23? 1760 Sir I yesterday only had the Honour of Eeceiving your Letter of the 23? of August, ^relating to the Illegal Trade that has so generally Prevailed in these parts of his Majesty's Dominions; I beg leave to assure you Sir that since my Arrival in this Province, nothing of the Kind has been Connived at, nor I believe practised, and Indeed by the late Assiduity of the Cruizers in the West Indies, Sc the Kind of Civil war that has been waged by Privateers on these Traders belonging to different Provinces, the Eisks are become too consider able to aUow of its being pursued so universally or suc cessfully as formerly : Upon this Sir, & aU other Occa- 1760] ADMINISTRATION OF GOVERNOR BOONE. 241 sions I shaU Pay the Strictest Obedience to his Majesty's Commands, and as I shall be dUigent in Informing my self, so shaU I have the honour of Communicating to you the Result of my Enquiries into this Iniquitous Com merce. I have the honour to be Sir with the utmost Eespect & Deference your most Obedient & most Humble Servant Tho: Boone. Representation from the Lords of Trade to the King, inclosing a draft of a proclcmiation for proclaim ing him in the American Plantations. [From P. R. O, B, T,, Plantations General, Vol, 41, page 3.] To the Kings most Excell- M.&.fJ May it please Your Majesty, In obedience to Your Majesty's Order in Council dated the 27'*' instant, inclosing to Us the Draught of a Proclamation for proclaiming Your Majesty in your respective Plantations in America, and directing Us to prepare as many Draughts properly fiU'd up for the several & respective Colonies & Plantations there, as shaU be necessary for that purpose; We have pre pared the same accordingly, and herewith humbly lay them before Your Majesty, having added to those Proclamations prepared in the year 1727 upon the Ac cession of his late Majesty, the proper Ones for pro claiming Your Majesty in the Colony of Georgia, the Islands of Cape Breton and Gaudaloupe, and in Canada, the former which has been since erected into a Colony under the immediate Government of the Crown, and Canada, Cape Breton & Gaudaloupe sub jected to Your Majesty's Sovereignty & Dominion. 16 242 ADMINISTRATION OF GOVERNOR BOOltE. [1760 Upon this occasion We beg Leave most humbly to submit to Your Majesty, whether, for the more certain and speedy Conveyance of the said Proclamations, and of such Directions as may be sent with them, it may not be adviseable, that two smaU Vessels be dispatched on purpose, the one to New York, which wiU serve for all the Provinces on the Continent, and from thence to Cape Breton and Placentia in Newfoundland, and the other to Barbadoes, and any one of the Leeward Islands, Gaudaloupe, Jamaica and Baharaas. Which is most humbly submitted Dunk Halifax W. G. Hamilton Andrew Stone W Sloper Whereas it hath pleased Almighty God to caU to his Mercy Our late Sovereign Lord King George the Second of blessed and glorious Memory, by whose Decease the Imperial Crown of Great Britain, France and Ireland, as also the supreme Dominion and Sovereign Eight of the are solely and rightfully come to the High and Mighty Prince George Prince of Wales; We therefore the do now hereby with one full Voice and Consent of Tongue & Heart pubUsh and proclaim, that the High and Mighty Prince George Prince of Wales is, now by the Death of Our late Sovereign of happy and glorious Memory, become our only lawfull and and rightfuU Liege Lord George the Third, by the grace of God King of Great Britain, Prance and Ireland, Defender of the Faith, Supreme Lord of and aU other His late Majesty's Territories and Dominions in America; To whom We do acknowledge 1760] ADMINISTRATION OF GOVERNOR BOONK. 243 aU Faith & Constant Obedience with all hearty and humble Affection, Beseeching God, by whom Kings and Queens do reign, to bless the Eoyal Kmg George the Third with long and happy years to reign over Us. Given at God save the King. Circular Letter from the Lords of Trade to the Gov ernors in North America, informing them that warrants for using the old seals were in prepara tion. [From P. R. O. B. T. Plantations General, Vol, 41, p, 24.] To Thomas Boone Esq' Governor of New Jersey. Sir In consequence of the melancholy Event of the King's Deatli on the 25*? instant, I am directed by the Lords Commiss''.^ for Trade and Plantations, to take the Opportunity by the Packet of acquainting you, that the necessary Forms for proclaiming his present Majesty in the Colonies, together with Warrants for using the old Seals, Proclamations for continuing Offi cers in their Employments, Orders for Alteration of the Liturgy &c. &c. are preparing with all possible Dispatch, & wiU be transmitted to yourself & the rest of the Governors and Commanders in Chief of His Majesty's Colonies in America in a few Days. I am Sir, Your most Obedient humble Servant, 1760 October 29"' John Pownall Secry. N. B. A Uke Letter was sent to the Governors and Commanders in Chief of Nova Scotia N. Hampshire 244 AD.MINISTRATION OF GOVERNOR BOONli. [1760 Massachusets New York Pensylvania Maryland- Vir ginia N? Carolina S° Carolina Georgia & to y* Gov''? & Comp?' of Ehode Island Connecticut and to the Gov ernors of Barbados Jamaica Leew'' Islands & Guada loupe on the 31f inst!^ Representation from the Lords of Trade to the King, with draft of Instructions to the Govemors in America relating to the alterations in the prayers for the Royal family. [From P. R. O., B. T., Plantations General, Vol. 41, p. 26.] To the King's most Excell* MajesY May it please Your Majesty, In Obedience to Your Majesty's Order in Council of the 29'? instant, directing Us to prepare Draughts of Instructions proper to be sent to all the Governors of Your Majesty's Plantations in America relating to the Alterations in the Prayers for the Eoyal Family, We herewith humbly lay before Your Majesty the Draughts of such Instructions as We conceive proper on this Occasion for Your Majesty's Eoyal Approbation. All which are most humbly submitt? Dunk Halifax. Andrew Stone. W: G: Hamilton. 1760 October 30'-" W. Sloper. Additional Instruction to Our Trusty & weU beloved Charles Lawrence Es quire Our Ciaptain General & Governor Chief in and over Our Province of Nova Scotia or Accadia in 1760] ADMINISTRATION OF GOVERNOR BOONE. 245 America; And in his Absence to Our Lieutenant Gov ernor or Commander in Chief of the said Province for the time being; Given at Our Court at Leicester House the 30'"' of October 1760 in the first Year of our Eeign. Whereas We have been pleased by Our Order in Council of the 27'!' of October instant, (a Copy whereof is hereunto annexed) to declare our Pleasure, that in aU the Prayers, Litanies and Collects for the Eoyal FamUy, instead of the Words {their Royal Highnesses George Prince of Wales, the princess Dowager of Wales, the Duke, the Princesses and all the Royal Family.) there should be inserted, {Her Royal High ness the Princess Dowager of Wales & all the Royal Family;) Our WiU and Pleasure therefore is, that in aU the Prayers, Litanies and Collects for the Eoyal FamUy, to be used within Our Province of Nova Scotia or Accadia under your Government, instead of the Words their Royal Highnesses George Prince of Wales, the Princess Dowager of Wales, the Duke, the Princesses and all the Royal Family, there be inserted Her Royal Highness the Princess Dowager of Wales and all the Royal Family. And for the better Notice hereof in our said Pi'ovince, It is Our further Will & Pleasm'e, that you cause the same to be forthwith pubUshed in the several parish Churches & other Places of divine Worship within the said Province, and that you take Care that Obedience be paid thereto accordingly. N. B. A like Instruction was sent to the Gover'i' of N. Hampshire Massachusets Ehode Island Connecticut New York New Jersey Pensylvania Maryland Virginia N? Carohna S° Carolina Georgia Bermuda Bahamas Leew? Islands Barbados Jamaica 246 ADMINISTRATION OF GOVERNOR BOONE. [1760 Warrant to David Price to impress vessels to trans port troops to New Jersey. [From New York Colonial MSS., Vol. LXXXIX, f. 29.] By ¦ To all whom these Presents shall come or may Concerne, Greeting. Whereas a number of Vessels are required for Carry ing a Body of his Majesty's Troops from this Port to Amboy to be quartered there and in other Places in the Province of New Jersey, I have therefore thought fit to authorize and empower and I do by and with the Advice of his Majestys Council hereby authorize and empower David Price Esq''" Agent for Transports to impress into his Majesty's Service such a number of Sloops Boats and small VesseUs as shall be sufficient to carry the Troops aforesaid to Amboy or other parts of New Jersey, paying the usual Rates for the same, im pressing first such Boats and VesseUs as belong to New Jersey and the Magistrates Justices of the Peace Sherif and other Civil Officers in this City and County of New York are hereby required to be aiding and assisting in the Execution of this my Warrant to which aU Persons are to pay due Obedience at their Peril. Given under my Hand and Seal at Arms at Fort George in the City of New York the twenty first day of November 1760. ' Cadwallader Colden was then President of the Coimcil,— [B. Femow.] 1760] ADMINISTRATION OF GOVERNOR BOONE. 247 Letter from the Lords of Trade to Mr. Major, Engraver of Seals, with directions for engraving new ones for the Colonies. [From P. R. O. B. T., Plantations General, Vol. 41, Page 36.] To Mr Major His Majesty's Chief Engraver of Seals. Pursuant to His Majesty's Order in Council dated the 11'" of November last, directing you to prepare Draughts of New Seals for His Majestys Plantations in America, according to such directions as you shall receive from Us, We do hereby require you according ly, in preparing the said draughts for the several Plantations undermention'd, to observe the foUowing Directions, In aU the said Draughts you are to follow this gen eral Rule, besides the particular Directions respecting the Seal of each Colony, that His Majesty's particular Arms and foreign Titles be inserted as iu the Great Seal of this Kingdom, in order to which you are to use your Discretion in contracting the Words. The par ticular Directions for the Draught of the Seal for each are as foUow, ¦* ^ ¦* -X- -)f -» -X- -Ji- -X- New Jersey The King's Arms, Garter, Supporters, Motto and Crown with this inscription round the same, SigiUum Provinciae Nostrae de Nova Caesarea in America; and in an outward Circle this other Inscription, Georgius tertius Dei Gratia Magnce Britannice. Francice, et Hibernice Rex, Fidei Defensor, Brunsvici et Luneburgi Dux, Sacri Romani ImjJerii Archithesaurarius et Elector. By Order of the Lords Coram''" for Trade & Plantations John Pownall Secretary WhitehaU Ded' 2? 1760 248 ADMINISTRATION OF GOVERNOR BOONE. [1760 Letter from Governor Boone to the Lords of Trade- referring to the amicable proceedings of the last Assembly. [From P. B. O, B. T. New Jersey, Vol. 9, K. 8.] New Jersey Perth Amboy Dec 15*?" 1760 My Lords I have the honour to Acquaint you that the general Assembly of this Province which met the Twenty Seventh of October after a Session of near Seven Weeks Ended very Amicably; I flatter myself your Lordships wiU not disapprove of my Transactions when I transraitt you a more Particular Account of our Proceedings & Copies of the different Acts that I have Passed, which shall be done with aU Possible Expedition, Each under a separate Seal as I observe was Signified to Gov' Bernard, The Government is Supported for two years, which has not been done till now since the year 1749. The office of Chief Justice is Provided for also without the Persons being named, as was usual. This (with some Difficulty) I obtained on Account of the uncertainty I am in with Regard to the Contest M' Jones & M'' Morris, who lately has Presented me a Memorial that I Enclose your Lord ships which will Excuse my Expressing an Impatience to Eeceive Your Lordships Directions in that Matter. I have the Honour to be with the greatest Eespect My Lords Your Lordships most Obed' & most Hum''!'' Servant. Tho: Boone. 1761] ADMINISTRATION OF GOVERNOR BOONE. 249 Letter from Governor Boone to the Secretary of the Lords of Trade iu relation to the defective Post arrangements in the Province. [From P. R, O., B. T., New Jersey, Vol, 9, K, 5, 1 Perth Amboy Jan'''' 12'^ 1761 [Extract.] Sir * * * * I mean that this should be Conveyed to you by the HaUfax Packet now under sailing orders, but by the Posts not passing either through this Place, or BurUngton, the only two places where the legisla ture is ever assembled, unless upon very uncommon Occasions,' I may sometimes appear tardy to their Lordships with aU the IncUnation to be otherwise; I have already Endeavour'd by an application to L'' Bes borough to Obtain an order for the Posts passing through here as formerly, who has been Polite Enough to write me a favourable Answer, but at the Same has referr'd it to M"' Franklyn who is the -very Person as I am told, that alter'd its Route, and that too upon some Pique; If their Lordships should think Proper to mention this to the Postmaster General it would un doubtedly be Eemedied' I am Sir Your most Obedient Sc most Hum"}" Servant Tho: Boone. ' For an accomit of the mail and traveling f aciUties in New Jersey during the Colonial period see " Contributions to the Early History of Perth Amboy and Sur romiding Country," p. 267.— En, 2 This extract from the Govemor's letter was referred to Henry Potts, Secretary to the Post Master General on AprU 9, 1761,- -Ed, 250 ADMINISTRATION OF GOVERNOR BOONE. [1761 Petition of Philip Swartwout and others — Northern Boundary Dispute. [From New York Colonial MSS,, fol, 69,] To the Honourable Cadwallader Colden Esq!" president of his majesty's CounciU & Com mander in chief of the province of New York The Petition of Philip Swartwout an Inhabitant of Ulster in the province of New York. Humbly Sheweth That your Petitioner Together with one WUliam Cutteback in behalf of themselves and others Inhabi tants with in this province did some time in the month of September in the year of our Lord one Thousand seven hundred and fifty nine prefer their humble Peti tion to the Honourable James DeLancey Esq!' late Lieutenant Governor and Commander in Chief of this province therein among other things setting forth the peculiar Hardships to which your Petitioner was then exposed by reason of the prosecution of a certain action of Ejectment against your petitioner in the Supream Court of the province of New Jersey for your petitioners Lands lying within this province of New York. That your Petitioner a few days before the present ing of the said Petition iu order to prevent the intire ruin of himself and his faraily which would inevitably have ensued on a Eigorous Execution of the writ of Possession in the said Ejectraent and being unprovided with Council to advise him in so distressing a situa tion was obliged to accept of a Lease from a person Claiming under a New Jersey Title a Copy of which 1761] ADMINISTRATION OF GOVERNOR BOONE. 251 Lease is hereunto annexed. Conceiving such accept ance to be the only means of releif, until he could re sort to the Government of this province, which he soon after did by his abovementioned Petition. That such vigorous measures were taken by the said Honourable Janies DeLancey as Commander in chief of this province that your petitioner had the highest reason to hope for the undisturbed possession of his farm untU a final Settlement of the Controverted Bounds Between this province and the province of New Jersey, little Immagining himself to be in Danger from any iU use that might be made of the aforesaid Lease so extorted from him as aforesaid as long as the Government of this province should think proper to exercise a Jurisdiction, which in its extent would include your petitioners farm. And however notwithstanding the steps which were taken by the Government of this Province in Consequence of the aforesaid Petition, sundry persons who caU themselves Inhabitants of New Jersey to wit * * * Eandell Abraham Johnson Nathaniel West faU and Nicholas Emmons forcibly seized your Peti tioner being then on his farm within this province and in Virtue of a pretended writ from some court in the province of New Jersey (which however' they refused to shew or give a copy of to your petitioner) They compelled your petitioner to go with them into Sussex county in New Jersey aforesaid where they threatened to imprison your Petition unless he would enter into Bond with security in the penal Sum of Sixteen hun dred Pounds to appear at the next County Court to be held in sussex aforesaid on the third Tuesday in Feb ruary Instant to answer unto Jacob WestfaU Simon WestfaU and Deborah Davis: which Bond Your Peti tioner dreading the miseries to which an Imprisonment in this rigorous season of the year would Naturally expose him was constrained to enter into and procure 252 ADMINISTRATION OF GOVERNOR BOONE. [1761 one Johannes Westbrook to be bound with hira in the sarae. That as the said arrest was raade within this province and the said Bond obtained of your Petitioner by Duress your petitioner thinks it would be a great Hard ship should he be obliged to appear and raake his De fence in a New Jersey Judicatory in which Consider ing the Nature of the Controversy he cannot Expect Justice will be administered to him. Your petitioner therefore humbly prays that your Honour will be pleased to take him under your Protec- ion and grant him such releif in the premisses as in your Honours superior Wisdom shall seem raeet. And your petitioner shaU ever pray &Ca Philip Swartwout. City of New York Ss; The above naraed Phihp Swartwout being duly sworn Deposeth and saith that the raatters of fact contained in the above peti tion are true & further saith not. Sworn this day of { p^^^^^ Swartwout. February 1761 ) Before me Wivr. Smith. This Indenture made this twelfth day of September in the Thirty third year of the Eeign of King George the Second Anno: Dom: 1759 Between Anthony Van- natta Esq' of the first part And Philip Swartwout of the second part Witnesseth that the said Anthony Vannatta for the rents & Covenants herein after men tioned have Demised set and to farm let unto the said PhiUp Swartwout all that Lot of Land that the said PhiUp Swartwout have Summer fallowed and plowed this year. Excepting Twelve Skeaple Sowing to be taken of the lore End of the plow'd Land and the said PhiUp Swartwojat is to have twelve Skeaple' sowing ' Schepel is Dutch for bushel.— [W, N.] 1761J ADMINISTR.\TION OF GOVERNOR BOONE. 253 without paying any rent Sc he is to give every fourth Sheaf of one half he doth raise on the premisses and every third Sheaf he doth raise on the other half Excepting the said Twelve Skeaple sowing which he is to pay nothing for & the said Philip Swartwout doth hereby bind himself his heirs Executors administrators in the sum of Eight hundred Pounds Current Proc: money of N. Jersey to give Quiet & peaceable Pos session of the premisses at or before the first day of August next ensueing. Sealed & DeUvered in the | Anthony Van Etten (l. s.) presence of ) Rich"? Gardner Simon Westfall (Endorsed:) To the Honourable Cadwallader Colden EsqV (feC (feC The Petition of Philip Swartwout Complaining of the service of New Jersey process within this province of New York & praying releif. 9 February 1761 Eead in CouncU Letter from President Colden of New York to Gov emor Boone of New Jersey — Northern Boundary Dispute. [From New York Colonial MSS., fol. 71,] New York 12* February 1761 Sir. The subject of this Letter is a C^omplaint of one Philip Swartwout an Inhabitant of Orange County within this province contained in his Petition preferred to me on the 9'-" Instant a Copy of which I herewith send Your ExceUency. I am heartily sorry that the civil Officers of New Jersey by a fresh Invasion of the 254 ADMINISTRATION OF GOVERNOR BOONE. [1761 ancient and long continued Jurisdiction of this Prov ince, notwithstanding the many Complaints that have already been made of their former Conduct and the repeated Attempts on our part to put a Stop to so un justifiable a practice should stiU furnish Occasion for Animadversion . But Sir, that you may be fully acquainted with the merits of the Petitioners Cause it will be proper to in form You that his Farm in the possession of which he has succeeded his Father Jacobus is one of those few at Minisink which now remain Subject to the Jurisdic tion, and have been held under the Government, of this province ever since the first settlement of that part of the Country; the Inhabitants of many other Farms having by the unjustifiable Practices of the people of New Jersey been either persuaded or Com pelled to acknowledge another Jurisdiction. Some time in the Year one thousand seven hundred and fifty five four Ejectments were Comraenced in the Supream Court of your Province by one CorneUus Westfall against the petitioners Father and three other persons named in the other petition a Copy of which is here with also sent You, Whereupon the Defendants apphed to Council and put in pleas to the Jurisdiction of the Court therein alledging that the Lands sued for were situated within this Province. This Defence having laid those Causes at Eest for some Years, the Defend ants had great Eeason to expect that the plaintif had discontinued them untili some time in the Month of September 1759 when the Petitioner Philip Swartwout without the least Notice that his plea to the Jurisdic tion was overruled or the Service of any Eule on him self or his Council to answer over was surprized with a Writ of Possession and thus uuder a foreign Title and by process issuing out of a foreign Judicatory was forcibly divested of the possesion of Lands which had been held under the Government of this Province for 1761] ADMINISTRATIO>r OF GOVERNOR BOONE. 255 upwards of Sixty Years. Yet unjustifiable as such proceedings evidently were he, to prevent the absolute Ruin of Himself and his Family and at that Juncture seeing no other Expedient would avail, was constrained to accept of a Lease a Copy of which is also herewith sent. But having submitted to this Hardship to get rid of those who had so unjustly divested him of the possession of his Estate, and his Neighbours against whom the other three Ejectments had been commenced fearing the Uke Treatment they preferred their petition already noticed to the Honourable James De Lancey Esq' my Predecessor complaining of the Injury and praying a Eedress. What steps were taken in conse quence of that Application you will find by a Copy of the Order of the Lieutenant Governor and Council herewith also sent you, who justly considered the persons concerned in the Service of the Writ of Posses sion as lawless Eioters and therefore gave Directions for their Apprehension. However, Sir, whether thro' the Neglect of our Officers or a Sense of Guilt which put the DeUnquents on their Guard none of them were taken and the petitioner continued in the possession of his Estate until lately, when on pretence of his Non CompUance with the Terms of the above mentioned Lease he was served with a Writ on his own Estate & consequently within the ancient and long continued Jurisdiction of this Province and hurried by force into the County of Sussex within your province where in Order to Escape the Miseries of a lawless Imprison ment he by duress executed a Bond with Security for his Appearance at the inferiour Court in Sussex County on the Seventeenth Instant to answer to the plaintiffs Inhabitants of New Jersey. This, Sir, is a brief State of the petitioners Case, whose Eesidence within this province entitles him to my protection, while at the same time my Duty as his Majesty's Eepresentative in this Government will not 256 ADMINISTRATION OF GOVERNOR BOONE. [l761 suffer me to overlook so notorious a Contempt of its Authority. It is presumed and doubtless with great Eeason that while two Provinces are contending about the Extent of their Jurisdictions they should be left in possession of what from the earUest Times they have respectively enjoyed until the Eoyal Arbiter of their Differences shaU think proper to pronounce the final Decision; Whence it is easy to conceive that his Majesty wiU be highly displeased at any presumptuous Incroachraents, that may be made by the people of New Jersey upon the Jurisdiction of this Province. I therefore thought it my Duty to inform you of this late Violation of the Eights of Government in the fullest Assurance, that you will be pleased to take such Measures as will be effectual not only for the punishment of the Offenders and the prevention of future Insults but also for the speedy Eelief of the petitioner whose Attendance at the Sussex Court I persuade myself your Excellency will find means to render unnecessary. I wrote this by advice of his Majesty's CouncU for this Province, not doubting your Excellency wUl con tribute everything in your power to preserve peace & good neighbourhood between the two provinces so essentiaUy necessary for his Majesty's service and the wellfair of both. I am with the greatest regard' S' ' The last paragraph is in the handwriting of President Cadwallader Colden him- self.-[B. Fernow,] 1761] ADMINISTRATION OF GOVERNOR BOONt). 257 Order of Council directing the Lords of Trade to pre pare warrants for continuing Christopher Coates and Joseph WarreU in their offices of Secretary and Attorney General of New Jersey. [From P, R, 0, B, T,, Vol, 9, K, 7.] At the Court at St James's the 17™ day of March 1761. Present The King's Most Excellent Majesty in Council Upon reading this day at the Board a Eepresentation from the Lords Commissioners for Trade and Planta tions dated the 11'-'' of this Instant, proposing that Christopher Coates Esq' Secretary of the Province of New Jersey and Joseph WarreU Esq' Attorney General ofthe said Province, both of whom His late Majesty was pleased to appoint to those offices, may be continued in their said offices by His present Majestys Eoyal Appointment. — His Majesty in Council approving thereof is pleased to order, as it is hereby Ordered, that the said Christopher Coates and Joseph WarreU EsqP be continued in their said offices. And that the Lords Commissioners for Trade Plantations do cause War rants to be prepared for that purpose, and lay the same before his Majesty at this Board for His Eoyal Approbation W. Sharpe 17 258 ADMINISTRATiON OF GOVERirOR BOONE. [1761 Extract from a letter from Rev. David Bostwick to Rev. Joseph Bellamy — Death of Rev. Samuel Davies, fourth President of the College of New Jersey. [Presbyterian Hist, Soc, Papers, Phila,] [After having declined the appointment of President of the CoUege of New Jersey, tendered to him on the 16th of August, 1758, Mr. Davies was finally induced to accept it, having been a second time elected, May 9, 1759. He died, however, a little more than eighteen months afterward, February 4, 1761, at the early age of thirty-six. Mr. Bostwick in his letter to Mr. Bel lamy, dated at New York, March 37, 1761, says:] Mr Davies death has struck us with astonishment, and spread a gloom over the whole Country. The loss cannot be expressed. I beUeve there never was a College happier in its President, or in a more flourish ing State. He far exceeded the expectations of his best friends. As you were not personally acquainted, you can hardly conceive what prodigious uncommon gifts the God of Heaven had bestowed upon that man to render him useful to the world. * * * His Serraoh on the death of his late Majesty I purpose to Send you with this; the first irapression tho' 1000, is gone; a Second is in the press. It was the last work of a pubhc nature he ever did: * * * The people of Philadelphia have CoUected £95 per annum for five years, to Support his three sons at CoUege, and Phila delphia and New York have raised between four and five hundred pounds for the widow and two daughters, for he left very little Estate. 1761] ADMINISTRATION OF GOVERNOR BOONE. 259 Order of Council approving of the proposition from the Lords of Trade proposing that Josiah Hardy be appointed Govemor of New Jersey. [From P, R, O, B. T. New Jersey, Vol, 9, K, 6.] At the Court at Sf James's the 20: DAT OF MARCH 1761 Present The King's most Excellent Majesty in Council Upon reading this day at the Board a Eepresentation from the Lords Commissioners for Trade and planta tions dated the 17*'' instant proposing that Josiah Hardy Esq? may be appointed Captain General and Governor in Chief of His Majesty's Province of New Jersey in the room of Thomas Boone Esqf His Majesty in CouncU approving thereof, is pleased to Order as it is hereby Ordered, That the said Josiah Hardy be con stituted and appointed Captain General and Governor in Chief of his Majestys said Province of New Jersey in the room of the said Thomas Boone Esq!' And that the said Lords Commissioners do prepare a Draught of a Commission and likewise a Warrant for passing such Commission under the Great Seal, And that they do also prepare Draughts of Instruction for the said Josiah Hardy, and lay the same before His Majesty at this Board for His Eoyal Approbation. W. Sharpe 260 ADMINISTRATION OF GOVERNOR BOONE. [1761 Letter from Governor Boone to the Lords of Trade in forming them as to what had been done in New Jersey toward raising an additional number of men for the service of the year 1761 and as to other matters. [From P, R, O, B, T,, New Jersey, Vol, 9, K.13.] P. Amboy AprU 8*." 1761 My Lords I have the honour to Acquaint you that last night I passed and Act for the Eaising Six Hundred Effective Volunteers to Act under his Majesty's Commander in Chief, being as the Asserably deem it two Thirds of the Number raised in this Province last Year, but their Eegiment was or ought to have been a Thousand, I used Eepeated Efforts to Obtain the triffing addition al Number but a Eeport prevailing that the New York Assembly had voted less than the Kings Eequisition, my Endeavours were Unsuccessful; This Deficiency has Occasioned my declining to Concur with them in an address to his Majesty upon his Accession which has been Customary; I thought it a little Inconsistent, to have his Majesty's first Requisition from this Province through me denied in Part & yet to Express my Satis faction at their Conduct by Joining them in their ad dress, it appears to me necessary to Mention this to your Lordships, that whilst I resent this Want of defer ence to the Crown I might not be Supposed backward in Professing my Duty to his Majesty; I must however do the .Province this Justice to Say that they are in general in extreme good Temper, & I have promised to Set their Conduct in as favorable a Ught as I can consistently with Truth. I have also passed another act to Obviate Doubts that might arise about the VaUd- ity of our Acts passed since the Demise of his late 1761] ADMINISTRATION OF GOVERNOR BOONE. 261 Majesty, to Continue the Assembly for Six Months upon such an Event, & to render the Ordinance for the EstabUshment of Courts durable, unless aboUshed by proper Authority. Your Lordships will I hope find this Act Carefully drawn, you are too well Acquainted with our Debt in this Province, & the Manner of Eais ing Money for the Kings Service, for me to dwell on this Subject I must beg your Lordships however to RecoUect, that every Shilling given by Parliament to this Colony or to be given, was appropriated before my arrival here, I flatter myself you will think I have done weU, in having the Money now Voted laid upon the five years the least loaded, Sc approve of my having Strenuously opposed, & positively refused their Pro posal of protracting the time for their sinking this Debt beyond the Term I found their other Debts Ex tended to. Your Lordships shall have these several Acts as soon as possible. I have the honour to be My Lords Your most Obed'' & most Humble Servant Tho: Boone Letter froyn Governor Boone to Secretary Pitt — relating to the action of the Assembly of Neiv Jersey. [From P, B, O, America and West Indies, Vol 73.] Perth Aiviboy New Jersey April 8*'" 176] Sir Immediately on the Receipt of your TripUcate of the 17*? of Dec' I called together the Assembly of this Province, & Communicated to them his Majesties Comm-ands, & I now have the Honour to Acquaint you that they have granted Six Huudred Effective Men as two thirds of the Number they Eaised last year, 262 ADMINISTRATION OF GOVERNOR BOONE. [1761 but their Eegiment last year was or ought to have been a Thousand, I used Eepeated Efforts to Obtain the trifling additional Number without Avail; What has been done was with Chearfulness, & though I thought it Incoilsistent to Concur with thera in an ad dress to his Majesty as they have not fuUy come up to the Kings Eequisition, I have dismissed thera in good huraor 1 have the Honour to be Sir with the greatest Respect & deference your most Obedient & raost Hum"'^ Servant Tho: Boone Order in Council approving a Commission for Josiah Hardy, Esq. , to be Governor of New Jersey. [From P. R. O., America and West Indies, Vol, 105.] ,~— ¦* ^rj, rpjjj. Court at S?" James's the 147 [^j DAY OF April 1761 Present The King's most Excellent Majesty in Comicil Whereas the Lords Commissioners for Trade aud Plantations have this day laid before His Majesty at this Board (pursuant to His Majestys Order for that purpose) a Draught of a Commission prepared by them for Josiah Hardy Esq!' to be Captain General and Gov ernor in Chief of the Province of New Jersey, together with a Warrant for His Majestys Royal Signature for passing the said Commission under the Great Seal of Great Britain. — Which Draught of a Comraission being in the usual form. — His Majesty was pleased with the 1761] ADMINISTRATION OF GOVERNOR BOONE. 263 advice of His Privy Council to approve thereof, and to order, as it is hereby ordered, that the Eight Honour able WUUam Pitt Esqr one of His Majestys Principal Secretarys of State do lay the said Draught of a Com mission and Warrant (which are hereunto annexed) before His Majesty for His Eoyal Signature. Hen Fane Letter from Charles Boone to the Lords of Trade praying that his brother, Governor Boone, be al lowed to visit England before going to assume the government of South Carolina. [FromP, R. O. B. T,, New Jersey, Vol, 9, K, 10,] April 16*" 1761 John Pownall Esq"" Sir It being very necessary for my Brother M' Thomas Boone to return to England on account of his private affairs before he goes to the Government of South CaroUna; to which his Majesty has been graciously pleased to appoint him, I humbly beg you would move the Lords Commissioners of Trade & Plantations, to obtain his Majesty's Eoyal Permission for that purpose: in doing which you will very much oblige Sir Your most Obed* H^'^ Ser' Chas: Boone 264 ADMINISTRATION OF GOVERNOR BOONE. [1761 Representation to his Majesty relating to the dispute between Mr. Jones and Mr. Morris for the office of Chief Justice in the Province of New Jersey. [Prom P, R, O. B, T., New Jersey, Vol, 17, page 34.] To the King's most Excellent Majesty. May it please your Majesty, Having in Our humble representation dated the 17. of June last, laid before His late Majesty a State of the claim set up by Eobert Hunter Morris Esq' to resume the Office of chief Justice of the Province of New Jersey (to which he was forraerly appointed) in opposition to the Eight of Nathaniel Jones Esq' whom His late Majesty was pleased to appoint to that Office in June 1759; And having lately received from Thonias Boone Esq' Commander in Chief of that Province, a Copy of a Memorial presented to him by the said M' Morris, setting forth the Grounds on which he thinks himself entitled to resume the Seat of Chief Justice, and praying that the matter may be deter mined by trial at Law in the Courts of Justice there. We think it Our Duty humbly to lay before your Majesty the annexed Copy of the said Memorial, and of the Letter in which M' Boone transraitted it to Us, to the End that your Majesty, being fuUy informed of the whole State of the case, may be graciously pleased to give such directions as shaU appear expedient and necessary, for bringing to a proper and speedy deter mination, a Matter, whicli is productive of much con fusion in the Province, great Difficulty to your Majesty's Governor, and great hardship to the said MT Jones. Which is most humbly submitted Sandys Andrew Stone Soame Jenyns Ed. Bacon John Yorke WhitehaU AprU 17. 1761 1761] ADMINISTRATION OF GOVERNOR BOONE. 265 Letter from Henry Potts, Secretary to the Post Master General, to Secretary Pownall, inclosing a letter from Benjamin Franklin, Joint Deputy Post Master General in North America, relating to the Post Routes in New Jersey. [From P. R. O. B. T., New Jersey, Vol, 9, K, 11,] General Post Office 29*," April 1761. John Pownall Esq'' Sir, Having laid your Letter of the 9*." Instant, with the Extract inclosed from Thomas Boone Esq: Governor of New Jersey, before His Majesty's Postmaster Gen eral: I have Their Commands to send you, in return to His Excellency's Proposed Alteration of the route of the Post through that Province, a Copy of the report I have received, from M' Franklin our Joint Deputy Postmaster General of North America, upon that Sub ject, which you wiU be pleased to communicate to the Lords Comraissioners for Trade & Plantations. I ara, Sir Your most obedient hurable Servant. Hen. Potts, Sec?' Letter frora Benjamin Franklin, Deputy Post Master General. Cravensweet April 23'' 1761 To Henry Potts Esq Sir In obedience to the Commands of His Majesty's Postraaster General, signified to me by you, I have considered Governor Boone's Letter to My Lord Bess- borough & the Extract of his Letter To John PownaU, 266 ADMINISTRATION OF GOVERNOR BOONE. [1761 Esq, Secretary to the Board of Trade, containing a Coraplaint of sorae Inconveniency to hira arising from "the, Posts not passing thro' Perth Amboy and Bur- "lington (the Eoute established by Act of ParUament) "in their way between PhUadelphia and New York"; and alledging, that "thro' this Omission it has hap- " pened and may happen again that Dispatches ' ' received by hira from the Plantation Office could not "be answered by the flrst Pacquet, whence he may ' ' sometimes appear tardy to their Lordships with aU "the Inclinations to be otherwise, &c" It is true that the Post Eoute was thro' the Towns of BurUngton and Amboy in New Jersey, before & at the Tirae of making the Act of Queen Anne for Estab Ushing the Post Office, and therefore those Towns were mentioned in the Act so far as to settle the rates of Postage betw^een them and the Cities of New York Philadelphia; but it has never been understood that the Eoute was estabUshed by such raention of those places, or that the Act bound the Post Office to con tinue the Posts in any Eoute then used, if one better & more Convenient could be found. Nor indeed would such Eestraints in an Act of ParUament relating to America, be of utility, but the Contrary, For our first settleraents there being near the Sea, the first Eoads are of course along the Coast where interrupting Waters from Bays & Inlets are more frequent, and Eivers wider and more difficult of Passage; but in Process of Time, as the People settle farther back & clear the upland Country, more convenient Roads are found, the Bays and Inlets avoided, & the Interruption of Ferries less frequent, as many Rivers are fordable up the Country that cannot be cross'd near their Mouths but in Boats, Something Uke this has been tbe Case with regard to the Old and New Roads thro' the Province of New Jersey, As soon as the New Road in the upper parts of 1761] ADMINISTRATION OF GOVERNOR BOONE. 267 that Province was open'd Travellers between Philadel phia & New York began gradually to abandon the old Eoad, which was not so convenient; and after some time, on an Application made to Col. Spotswood, then Deputy Postmaster General, the Post Eoute was also chang'd from the old Eoad to the New. This Change was made about Thirty Years ago and some Years before I had any Concern in the Office; but as it was a Matter much talk'd of at the time, I remember well the Eeasons that were given for the Change which were these, viz. That the Ferry over the Eiver Delaware from Bristol to Burlington, to be pass'd in travelling the old Eoad, was a MUe and half wide, and in Winter often incum bered with Ice, so as greatly to delay the Post. That the old Eoad, from BurUngton to Amboy was for 50 MUes chiefiy a heavy loose sand, very fatiguing to the Horses: That being thro' a barren Country, it was not well inhabited, nor the Inns weU supply'd with Pro visions: That being less travelled than formerly, there was not the same Care taken to provide suitable Ac comodations for TraveUers, so that no Gentlemen passing between New York and Philadelphia tho' desirous of riding Post, could well travel with him: That this gradual disuse of the Eoad occasion'd less Care to be taken of the Bridges which were often out of Repair, so that in Rainy Seasons crossing the Brooks & Branches of Eivers became dangerous and sometimes impracticable to the great delay and Injury of Travel lers: That the Ferry over to Amboy necessary to be pass'd on this Eoad, was near two Miles wide, being at the Mouth of Earitan Eiver, and often so rough from high Winds, or so incumbered with Ice as to be impassable for many Hours, to the great Delay of the Post as weU as other Travellers; and after the Post was got to Amboy, he had stiU three large Ferries to cross between that Place and New York, viz the Ferry 268 ADMINISTRATION OF GOVERNOR BOONE. [1761 over to staten Island, the Ferry from Staten Island to long Island 3 Miles wide, and the Ferry from Long Is land to New York; in all which Places the Ferrymen were generally very dilatory and backward to carry the Post in bad Weather, avaUing themselves of every excuse, as they were by Law to receive no Ferriage of him. On the other Hand, the new Eoad was over better Ground & kept in better Eepair; there were every where good Accomodations at the Inns; Dela ware Eiver was to be cross'd at Trenton and Raritan River at Brunswick, where they were both narrow, and the latter fordable at Low Water; and the People at Elizabeth Town Point, undertook voluntarily to have a stout Boat always ready to carry the Post & his Corapany directly to New York, by w-hich the three last mentioned Perries were avoided. The Change being accordingly made the Post went no more thro' — BurUngton & Amboy; but those Places on that Account suffered very little Inconven iency; Por an Office was stiU continu'd at each of them; and their Letters sent over to proper Places on the New Post Eoad, to be carried forward by the Post; and this was easy to do, it being only cross the Ferry from Burlington to Bristol, thro' which the Post goes; and but i Miles frora Araboy to Woodbridge thro' which he also goes. And the Letters for BurUngton were in like manner sent over to that Office from Bristol, & those for Amboy sent to that Office from Woodbridge. Tho' the Letters to and from each Place by Post were always extrearaly few, as they are Towns of Uttle or no Foreign Trade, the chief DeaUng with Araboy being with New York, & that of BurUngton with Philadelphia, to and from which Places Boats are going alraost every day, by which they always chose to send their Letters, even when the Post pass'd thro' them. On the other hand, two other large & thriving Towns, who make much more use of the Post, 1761] ADMINISTRATION OF GOVERNOR BO6NE. 269 are accomodated by it on the New Eoad, viz. Trenton Sc Brunswick; not to mention Prince Town where a CoUege is lately erected, Woodbridge & Elizabeth Town, thro' all which Places the new Road passes, and where Offices have been long estabUsh'd. It is now near 24 Years that I have been concern'd inthe Management of the Offices between Philadel phia and New York, and in aU that time have had no Complaint made to me of Inconvenience from the Posts continuing the Eoute I found thera in. And I must own rayself at a Loss to conceive the difficulty Governour Boone raentions of his Corresponding regu larly with the Board of Trade, and that ' ' Dispatches "receiv'd frora their Lordships could not be answered "by the first Pacquet, thro' the Posts Omission of "BurUngton & Amboy in their Eoute." His Excel- ency resides at Amboy, & the Letters for him which arrive at New York in the Pacquet, must be forwarded to him at farthest within three Days, as the Post goes from New York twice a Week and passes within 4 miles of Amboy at Woodbridge, where the Governor's Letters are left, aud sent to him immediately by a special Messenger from the Office there. The Post returns twice a Week from Philadelphia to New York, and passing thro Woodbridge, takes up and carries forward any Letters left there. The Pacquet stays at New York at least 20 days, and During that time the Post passes 6 times thro' Woodbridge to New York, and would carry forward any Letters the Governor should lodge at Woodbridge for that purpose. And if he happens to be at Burlington with his Assembly, the Post passes equaUy often thro' Bristol (within a MUe & half of him only just cross a Ferry) where it can not be much Trouble to send his Letters. So that on the whole I am persuaded it must appear, when duly consider'd, that his Excellency's Want of Punctuality in his Correspondence with their Lordships cannot justly be charg'd to the Account of the Post Office. 270 ADMINISTRATION OF GOVERNOR BOONE. [l76l M' Barnard, immediate Predecessor of Governor Boone tho' he also liv'd at Amboy, made no Complaint of this kind that I ever heard of. Nor did the next preceding Governor Belcher, tho' he liv'd great Part of his time at Bmdington The Governors of New Jersey have sometimes Uv'd on the New Eoad, at Trenton and at EUzabeth Town; and as there is no fix'd Place of Eesidence for Governors in that Province, future Governors may happen to chuse some of the Towns on the new Road; so that if the Post Route were chang'd to Gratify Governor Boone, the next Gover nor might desire to have it back again. And I appre hend that the Delays formerly experienced so fre quently in the Detention of the Post by the wide Fer ries in Winter, would if the old Route was resum'd, occasion great Dissatisfaction to the Governors of Pensilvania, New York & New England, who as well as the Merchants of their great Trading Towns would probably remonstrate warmly against it. Nevertheless, if His Majesty's Postmaster General should upon the whole think fit to order the old Route to be resum'd, and the new one with all the Offices so long established upon it to be drop't it is my Duty to carry their Orders into Execution, which I shall do with great Readiness and Fidelity. I am Sir Your most Obedient humble servant B Franklin Commission of Josiah Hardy to be Governor of New Jersey. [From Book AAA of Commissions, in Secretary of State's Offlce, Trenton, foL 349.] George the Third by the Grace of God of Great' Britain France & Ireland King Defender of the Faith &c. To our Trusty and Well Beloved Josiah Hardy Esquire Greeting 1761] ADMINiSTR.iTION OF GOVERNOK BOONE. 271 Whereas our late Eoyal Grand Father of Blessed Memory did by his Letters Patent under the Great Seal of Great Britain Bearuig date at Westminster the Fourteenth day of January in the Thirty Third year of his Eeign Constitute and Appoint Thomas Boone Esquire to be Captain General & Governor in Chief in and over our province of Nova Ceesarea or New Jersey iu America for and during his late Majestys Will and Pleasure as by the said recited Letters Patent Eelation thereunto being had may more fully and at large ap pear Now know you that We have Eevoked and de termined and by these Presents do Revoke and deter mine the said Recited Letters Patents and every Clause Article and thing therein Contained And further know you that We Reposing Especial Trust & Confi dence in the prudence Courage and Loyalty of you the said Josiah Hardy of our Especial Grace certain knowledge and meer Motion, have thought fit to Con stitute and appoint and by these Presents do Constitute and Appoint you the said Josiah Hardy to be our Cap taiu General & Governor in Chief in and oveT our Province of Nova Ceesarea or New Jersey (to wit) the Divisions of East and West New Jersey in America, which We have thought fit to Eeunite into One Prov ince and Settle under one Government And We do hereby Eequire and Command you to do and execute aU things in due manner, that shaU belong unto our said Command and the Trust We have Eeposed hi you according to the several Powers and directions Granted or Appointed you by this present Commission and the Instructions and Authorities herewith Given You, or by such further Powers Instruction & Authorities as shaU at any time hereafter be Granted or Appointed you under our Signet and Sign Manual or by an Order in our Privy Council and according to such Eeasonable Laws and Statutes as are now in force or hereafter shaU be made and Agreed upon by you with the Ad vice and Consent of our Council and the Assembly of 272 ADMINISTRATION OF GOYERNOR BOONE. [1761 our said Province under your Government in such manner and form as is hereafter Expressed [The remainder of the Comraission being sunilar to that given to Governor Boone, it is deemed unneces sary to insert it. It closes as foUows:] And We do hereby Declare Ordain and Appoint that you the said Josiah Hardy shaU and may Hold Exe cute and Enjoy the Office and Place of our Captain General and Governor in Chief in and over our Prov ince of Nova Ceesarea or New Jersey together with all and singular the Powers and Authorities hereby Granted unto you for and during our WUl & Pleasure In Witness whereof We have caused these our Letters to be made Patent Witness ourself at Westminster the Fourth day of May in the First year of our Reign. By writ of Privy Seal. Yorke & Yorke. This Comraission was Published at Perth Amboy on the 29th day of October 1761 And at BurUngton on the 31st day of the same Month. Representations to His Majesty from the Lords of Trade, with Drafts of General Instructions, and those relating to Trade, for Josiah Hardy, Gover nor of New Jersey, May 6, 1761. [From P. R. O. B. T., New Jersey, Vol. 17, p. 36,] To the King's most Excell' Majesty May it please your Majesty In Obedience to Majesty's order in CouncU dated the 20 of March last We have prepared Draughts of Gen eral Instructions and of those which relate to the Observance of the Acts of Parliament for the encour- 1761] ADMINISTRATION OF GOVERNOR BOONE. 273 agement and regulation of Trade and Navigation, for Josiah Hardy Esq?, whoom your Majesty has been pleased to appoint Captain General of the Province of New Jersey. In which Dra'-^ We have made no altera tions from the Instructions given by his late Majesty to Thomas Boone Esq' late Governor of the said Prov ince, except only in the following particulars. In the first Article of the present Draught of General Instructions, We have inserted the Names of twelve persons, who were aU appointed by His late Majesty to be of His CouncU in this Province. At the end of the 27*" Article of the s* Draught, We have added some words (as in the Uke Article of the Instructions which We lately prepared for the Gover nor of the other Provinces on the Continent of North America) directing the Governor to discourage and restrain aU attempts that may be made to set up any such Manufactures or Trades as are or may be preju dicial to the Commercial Interests of this Kingdom. In this Draught of General Instructions We have omitted, as in the others which we have lately pre pared, aU such Articles of the former Instructions as appeared to Us to have become useless and unnecesary, the purposes for which they were formerly given, hav ing been sufficiently provided for, by the Laws of the Province, namely the 35 Article, for the Security of the life, Umb and property of the Subject; the 36, direct ing proofs to be sent with prisoners to this Kingdom ; & the 37'? for restraining inhuman Severities towards Servants and Slaves. The Draught of Instructions relative to the observ ance of the Acts of Parliament for the Encouragement and regulation of Trade and Navigation is exactly con formable to the Instructions given by His late Maj esty, for the Uke purposes, to the Governor of this and 18 274 ADMINISTRATION OF GOVERNOR BOONE. [1761 other your Majesty's Provinces on the Continent of North America. All which is most humbly submitted Sandys Edmund Thomas Andrew Stone John Yorke SoAinE Jenyns Ed. Bacon Instructiotis to Our Trusty & Wellbeloved Josiah Hardy Esq' Our Captain General and Governor in chief in and Over Our Province of Nova Ceesarea or New Jersey in America, Given at Our Court at S-' James's the Thirtyeth Day of June 1761. in the first Year of Our Eeign. [These instructions being, with a few alterations, the same as those given to Governor Bernard, it is considered unnecessary to insert them, in full. Only such as are altered, or are additional, are here given.] 1"* With these our Instructions you wUl receive Our Commission under Our Great Seal of Great Britain, Constituting you Our Captain General and Govemor in chief in and over Our Province of New Jersey, you are therefore with all convenient Speed to repair to Our said Province, and being there arrived you are to take upon you the Execution of the place and trust We have reposed in you, and forthwith to caU together the members of Our Council in and for that Province ¦Viz* Eobert Hunter Morris, Ew"! AntiU, James Hude, Andrew Johnston, Peter Kimbold, Eichard Saltar, David Ogden, Lewis Ashfield, Samuel Woodruffe Esq'-' WilUara Alexander Esq' clairaing to be Earl of Stir ling, Charles Eead, & John Smith Esq'-^ 22 Whereas Acts have been passed in some of Our Plantations in America for striking Bills of Credit and issuing Out the same in lieu of Money, in order to dis charge their pubUck Debts & for other purposes from 1761] ADMINISTRATION OF GOVERNOR BOONS. 275 whence several inconveniences have arisen. It is there fore Our Will & Pleasure, that you do not give your Assent to or pass any Act in Our said Province of New Jersey, under your Governm* whereby BUls of Credit may be struck or issued in Ueu of money without a clause to be inserted in such Act declaring that the same shaU not take effect until the said Act shall have been approved of and confirmed by Us Our Heirs and successors. And it is Our further Will & Pleasure that you do not give your assent to or pass any Act in Our said Province of New Jersey, under your Gov emment for payment of Money either to you the Gov ernor or to any Lieut. Governor or Commander in Chief, or to any of the Members of Our CouncU or to any other person whatsoever except to Us Our Heirs and Successors, without a clause be Ukewise inserted in such Act, declaring that the same shaU not take effect until the said Act shaU have been approved alid confirmed by Us Our Heirs or Successors. **-K*-*-j«--!5--** 27*'' You are not [are to] Examine what rates & Duties are charged and payable upon any goods exported and imported within Our said Colony whether of the Growth or Manufacture of the said Colony or otherwise and you are to suppress the engrossing of Commodities as tending to the prejudice of that freedom which Trade and Commerce ought to have, and to use your best endeavours in the iraproving the Trade of those parts by settling such Orders and regulations therein, with the advice of Our said CouncU, as may be most ac ceptable to the generaUty of the Inhabitants, and it is Our Express Will & Pleasure, that you do not upon any pretence whatsoever, upon pain of Our highest displeasure, to give your assent to any Laws for set ting up any Manufactures and carrying on any Trades which are hurtfuU and prejudicial to this Kingdom, and that you do use your utmost endeavors to dis- 276 ADMINISTRATION OF GOVERNOR BOONE. [1761 courage discountenance & restrain any attempt which may be made to set up such Manufactures or EstabUsh any such Trade. * ->!¦ -Ji- •» -K -Sf- -X- * -X- [Sections 35, 36 and 37 of the instructions to Gov ernor Bernard are omitted in the instructions to Gov ernor Hardy. J 54. It is Our Will and Pleasure that you do not dispose of any Forfeitures or Escheats of any person untili the Sheriff or other projier Officer have made enquiry by a Jury upon their Oaths into the true value thereof, nor untili you shall have transmitted to the Commissioner of Our Treasury & to Our Commis sioners for Trade and Plantations, a particular Account of such forfeitures and Escheats and the value thereof, and shall have received Our directions thereupon. And you are to take care, that the produce of the said forfeitures and Escheats, in case We shall think proper to give you directions to dispose of the same, be duly paid to Our Eeceiver General .of the said Province, and a full account transmitted to the Commissioners of Our Treasury or Our High Treasurer for the time being and to Our Commissioners for Trade & Planta tions, with the names of the persons to whom disposed. And provided that in the Grants of all forfeited and Escheated Lands there be a clause obliging the Grantee to plant and cultivate three Acres for every Fifty within three years after the passing such grant, in case the same was not so planted & cultivated before and that there be the proper savings & reservations of quit Eents to Us, Our Heirs and Successors. 1761] ADMINISTRATION OF GOVERNOR BOONE. 277 Letter from Capt. William Skinner to his brother, Cortlandt Skinner, at Perth Amboy — giving an Account of the Assault and landing upon the is land of Belle Isle on the Coast of France, by the English Forces under Generals Hodgson, Craw ford and Ruf ane, and Commodore Keppell. [From the Whitehead Manuscripts,] Belle Isle y" 24*" May, 1761. Dear Cortlandt I think in my last letters to you, I acquainted you that I was going upon an Expedition to the East Indies, but was agreeably Surprised when we Anchored in BeUe Isle Eoad. Our Army consisted of about 9000 men, mariners included under the Command of Gen eraU Hodgson, Generall Crawford & Eufane, the Navy under the Command of Commodore KeppeU. On the S* of April we made an attempt to land, but were re pulsed with the loss of about 400 men KiUed, wounded and taken prisoners, which added to the natural Strength and innumerable fortifications in every part of the Island where there seemed to be the least possibUity of landing, raade every body imagine it im possible to make our landing good. Despatches were immediately sent home with an account of our bad success, but before we got an answer to that Express, we made another attempt on the 22'' of April and made good our landing with the loss of about 300 raen, and 400 of the .Eneray. Our principal attack was in tended to be made at Fort Andrew with the Choice of our troops, under the Command of General Crawford; another body of raen Consisting of Beauclerk's Gren adiers, 500 of our Eeg*, Grey's and Stewart's Indepen dents, and about 500 Mariners, under the Coramand of Col. Lambert, were designed to make a feint at an other part of the island. Col. Lambert did me the 278 ADMINISTRATION OF GOVERNOR BOONE. [1761 honor to give me the Command of the first division that landed, in which I succeeded with the loss of about 300 men; we were opposed by about 500 men, who, if they had behaved as they ought to have done, might have kiUed every man of us, for we were obUged to scramble up an Eminence, while the Eneray were upon the top of the hill, discharging their pieces at us and pelting us with stones; however, we succeeded in our landing and drove the Enemy before us. The General did me the honor of thanking me in pubUc for my behaviour, and mentioned me to Mr. Pitt, and has promised me that if a Vacancy of Lieut. Col. happens, he will recoraraend me to the King for it. We have since made our approaches and opened our batteries of 32 pounders this morning in order to make a breach, but our wise Engineers have been mistaken in their distance, and find it impracticable tiU we get 200 yards nigUer; tiU then we shall do nothing. We have a Une of CircumvaUation about the Citadel, so that not a man can come out, and hope in about ten days time we shaU be in possession of it. We have lost since we came to the Island near 900 men, & the French 1000, which reduces their number to 1.200 by the accounts of deserters. This is aU that has happen ed since we, landed, excepting an unlucky accident that happened to General Crawford who was taken prisoner in a sortie the Enemy made upon our lines in a dark night; but they met with so warm a reception that they have not attempted it since. We are alarraed here with a report that the Spaniards have assisted the French with 12 saU of the Une, in or der to relieve this place, but how true it is we do not know.- * * ¦» BeUeve me to be your ever Affectionate brother William Skinner. P. S. Lest you should not have heard of ray promo tion, I mention it now. I am Major to the E. Volun teers. 1761] ADMINISTRATION OF GOVERNOR BOONE. 279 Letter from Govemor Boone to the Lords of Trade, transmitting two public and two private acts of the New Jersey Assembly — had declined issuing new commissions to the government officers. [From P. R. O., B, T., New Jersey, VoL 9, K, 15,] New Jersey P. Amboy June 6*? 1761 My Lords I have the honour now to Send you the two PubUck, & two private Acts of Assembly which I passed last Sessions, & which in my letter of the 8*-'' of April I Gave your Lordships an Account of; after having waited the Printing them I was under necessity of Causing them to be Copied, as the different Acts by the setting of the Press run into one another, & rendered It im possible for me to Affix separate Seals, this has been the Occasion of the Delay: I have the Honour also to Send your Lordships the Copies of the Minutes of CouncU & Assembly, & beg leave to Inform your Lordships that I have been applied to, to Issue here Commissions to the Eespective officers, particularly to the Inferior Judges of the Supream Court, & to the Attorney General whose office is of little or no value, & his conduct during my administration Irreproach able; I decUned however doing anything in these matters till they were on the self same footing as my self I have the honour to be with the utmost Deference & Eespect My Lords Your Lordships most Obedient & most Hum"!^ Servant Tho: Boone. 280 ADMINISTRATION OF GOVERNOR BOONE. [1761 Commission of Josiah Hardy to be Vice-Admiral of • New Jersey. [From Book AAA of Commissions, Secretary of State's Offlce, Trenton, fol. 355.] George the Third by the Grace of God of Great Britatu France and Ireland King Defender of the Faith &c. To our Beloved Josiah Hardy Esq. our Captain General & Governor in Chief of our Province of Nova Ceesarea or New Jersey in America Greet ing We confiding very much in your Fidelity Care and Circumspection in this behalf do by these Presents which are to Continue during our Pleasure only, Or dain Constitute and depute you the said Josiah Hardy Esq. our Captain General & Governor in Chief afore said our Vice Admiral Commissary and deputy in the Office of Vice Admiralty in our Province of Nova Ceesarea or New Jersey aforesaid and Territories thereon depending and in the maritime parts of the same & thereto adjoining whatsoever with power of Taking and Eeceiving aU and every the Fees profits Advantages Emoluments" Coraodities and Appurte nances whatsoever due and belonging to the said Office of Vice Admiral Commissary and deputy in our said Province of Nova Ceesarea or New Jersey and Territories dependant thereon and Maritime parts of the same, and adjoining to them whatsoever accord ing to the Ordinances and Statutes of our High Court of Admiralty of England. And we do hereby Commit and Grant unto you the aforesaid Josiah Hardy Esq. our Power and Authority in and throughout our province of Nova Ceesarea or New Jersey aforemen tioned and Territories thereof and Maritime parts whatsoever adjacent thereto, and Also throughout aU and every the Sea Shores, Public Streams Ports, Fresh 1761] ADMINISTRATION OF GOVERNOR BOONE. 281 Waters, Eivers, Creeks, and Arms as well of the Sea as of the Eivers and Coasts whatsoever of our said Province of Nova Ceesarea or New Jersey and Terri tories dependant thereon and Maritime parts whatso ever of the same and thereto adjacent as weU within Liberties and Pranchises as without To take Cogni zance of and proceed in all causes Civil and Maritime, and in Complaints Contracts Offences or Suspected Offences, Crimes Pleas, Debts Exchanges, Accounts, Charter Parties, Agreements, Suits, Trespasses, In juries, Extortions, & Demands, and Businesses Civil and Maritime whatsoever Commenced or to be Com menced Between Merchants or between Owners and Proprietors of Ships and other Vessels and Merchants or others Whomsoever with such Owners and Proprie tors of Ships and all others Vessels whatsoever Era ployed or Used within the Maritirae Jurisdiction of our Vice Adrairalty of our said Province of Nova Ceesarea or New Jersey and Territories depending on the same, or Between any other persons whomsoever had made Began or Contracted for any matter thing Cause or Business whatsoever done or to be done within our Maritime Jurisdiction aforesaid, together with aU and singular their Incidents, Emergencies, Dependencies annexed or Connexed Causes whatsoever wheresoever or howsoever, and such Causes Com plaints Contracts and other the Premises abovesaid or any of them which may happen to Arise be Con tracted had or done to hear and determine According to the Eights Statutes Laws Ordinances and Customs Antiently Observed. [It is unnecessary to give the Commission in full, as it is, in all respects, simUar to that given to Gover nor Boone which may be found at page 195. It con cludes as follows :] Given at London in the High Court of our Admiralty 282 ADMINISTRATION OF GOVERNOR BOONE. [1761 of England aforesaid under the Great Seal thereof, the Thirteenth day of June in the year of our Lord One Thousand Seven Hundred & Sixty One, and of our Eeign the First. GoDF. Lee Fareant Register. The above Commission of Vice Admiralty was Pub Ushed at Perth Amboy, the 29th day of October 1761, And at BurUngton in said Province the 31st day of the same Month. Representation of the Lords of Trade to the King with the names of such persons as were thought proper to be inserted in the Commissions for trying pirates. [From P. R. O. B. T., Plantations General, Vol, 41, page 73.] June 16'" 1761 To the Kings most Exc* Majesty May it please Your Majesty In obedience to Your Majesty's Order in Council dated the 8*> instant, We beg Leave humbly to lay before Your Majesty the Naraes of those Persons which We conceive proper to be inserted in the Commission to be pass'd under the Great Seal, for trying aU such Pirates as are or shaU be taken in any of Your Majesty's Plantations, as also which of those Planta tions may be fitly comprehended within each Com mission. *-x--x-*-*-x--x-** Comraissioners for New York, New Jersey, Penn sylvania & Connecticut. 1761] ADMINISTRATION OF GOVERNOR BOONE. 283 Robert Monckton Esq. Captain General & Governor in Chief of Your Majesty's Province of New York and Territories depending thereon in America, or the Gov ernor or Commander in Chief of the said Province for the time being. Josiah Hardy Esq' Captain General and Governor in Chief of Your Majesty's Province of New Jersey, or the Governor or Commander in Chief of the said Province for the time being. The Proprietaries and Governors of the Province of Pennsylvania for the time being. The Vice Admirals of New York, New Jersey, Penn sylvania & Connecticut for the time being. The Flag officers or Commanders in Chief of such Squadron or Squadrons of Your Majesty's Ships of War, as shaU happen to be within the Admiralty Jurisdiction of New York, New Jersey, Pennsylvania, & Connecticut respectively for the time being. CadwaUader Colden Esq- Lieutenant Governor of the said Province of New York for the time being. Thomas PownaU Esq' Lieutenant Governor of the Province of New Jersey, or the Lieutenant Governor of the said Province for the time being. The Governor of the Colony of Connecticut for the time being. CadwaUader Colden Archibald Kennedy, Daniel Horsmanden, George Clarke, Sir WiUiam Johnson, John Chambers, WiUiam Smith, John Watts, WiUiam Walton, Josiah Martin, Oliver Delancey, and Benjamin Pratt Esquires, Members of Your Majesty's Council in the Province of New York, during their being of Your Majesty's said Council, and the Merabers of Your Majesty's Council in the said Province for the tirae being. Eobert Hunter Morris Edward Antill, James Hude, Andrew Johnson, Peter Kimbold, Eichard Saltar, David Ogden, Lewis Ashfield, Samuel Woodruff, 284 ADMINISTRATION OF GOVERNOR BOONE. [1761 WilUam Alexander, claiming -to be Earl of StirUng, Charles Eead, and John Smith Esquires, Members of Your Majesty's Council in the Province of New Jersey, during their being of Your Majesty's said CouncU, and the Members of Your Majesty's Council in the said Province for the time being. The Chief Justice in the Province of New York for the tirae being. The Chief Justice in the Province of New Jerssy for the tirae being. The Judge or Judges of the Vice Admiralty in their Provinces of New York, New Jersey, Pennsylvania, and Colony of Connecticut for the time being. The Captain & Commanders of Your Majesty's Ships of War within the Admiralty Jurisdiction of the Provinces of New York, New Jersey, Pennsylvania and the Colony of Connecticut for the time being. The Secretary of the Province of New York or his Deputy for the time being. The Secretary of the Province of New Jersey, or his Deputy for the time being. The Eeceiver General of Your Majesty's Eevenue in the Province of New York for the tirae being. The Surveyor General of Your Majesty's Customs in America for the time being. The CoUectors of Your Majesty's Plantation Duties in the Provinces of New York New Jersey & Pennsyl vania and the Colony of Connecticut, pursuant to An Act passed in the 25*." of King Charles the 2? for the better securing the Plantation Trade, for the time being. AU which is most hurably submitted Sandys Soame Jenyns John Yorke Andrew Stone. 1761] ADMINISTRATION OF GOVERNOR BOONE. 285 Order m Council approving the Draft of Instructions for Josiah Hardy, Governor of New Jersey. [From P. R. O., America and West Indies, Vol. 105,] At the Couet at Sf James's the 25"^? June 1761 Peesent To THE Kings Most Excellent Majesty in Council. Upon reading at the Board a Eeport from the Eight Honourable the Lords of the Committee of Council for Plantation Affairs dated the 18*" of this Instant in the words foUowing. viz? — '^ In Obedience io a,n Ovdiev in CouncU of the 16*" of this Instant referring to this Committee a Eeport of the Lords Commissioners for Trade and Plantations, together with Draughts of Gen eral Instructions and also of those which relate to the Observance of the Acts of Parliament for the Encourage ment and Eegulation of Trade and Navigation, pre pared by the said Lords Commissioners pursuant to Your Majestys Order in Council of the 20*" of March last, for Josiah Hardy Esq' whom Your Majesty has been pleased to appoint Captain General and Gover nor in Chief of the Province of New Jersey — The Lords of the Committee this day took the said Eeport and Draughts of Instructions into their Consideration, and do find, Thaf in the said Draughts, The said Lords Com missioners have made no Alterations from the Instruc tions given by His late Majesty to Thomas Boone Esq' late Governor of the said Province, except only in the foUowing Particulars^That in the first Article of the present Draught of General Instructions they have in- 286 ADMlNISTBAilON OF GOVERNOK BOONE. [1761 sorted the naraes of Twelve Persons, who were aU ap pointed by His late Majesty to be of the Council in this Province. That at the End of the 27*:" Article of the said Draught they have added sorae Words (as in the Uke Article of tUe Instructions which they lately pre pared for the Governors of other Provinces on the Continent of North America) directing the Governor to discourage and restrain aU Attempts that may be made to set up any such Manufactures or Trades as are or may be prejudicial to the Comraercial Interests of this Kingdom. That in this Draught of General Instructions they have omitted, as in the others which they have lately prepared, all such Articles of the for mer Instructions as appeared to have become Useless and unnecessary, the purposes for which they were formerly given having been sufficiently provided for by the Laws of the Province namely, The 35*" Article for the Security of the Life Lirab and Property of the Subject, The 36*" directing Proofs to be sent with Pris oners to this Kingdora ; and the 37*" for restraining in human Severities towards Servants and Slaves. And that the draught of Instructions relative to the Observ ance of the Acts of Parliament for the Encouragement and Eegulation of Trade and Navigation, is exactly conformable to the Instructions given by His late Maj esty for the Uke purposes, to the Governor of this and other your Majestys Provinces on the Continent of North America The Lords of the Committee upon mature Consideration of the said Draughts of Instruc - tions, and of all the aforementioned Alterations and Additions are of Opinion, that the same were not only proper but necessary to be made therein. And do there fore agree humbly to lay the said Draughts before Your Majesty for Your Eoyal Approbation.'' His Majesty this day took the said Eeport into Con sideration and was pleased, with the advice of His Privy Council, to approve thereof, and also of the said Draughts and Instructions so amended and altered. 1761] ADMINISTRATION OF GOVERNOR BOONE. 287 and to order, as it is hereby ordered, that the Eight Honourable WilUam Pitt Esq' one of His Majestys Principal Secretarys of State do lay the same before His Majesty for His Eoyal Signature. P Vernon. Address of the House of Representatives to Governor Boone, complimenting his administration, etc. i:From P. B, O. New Jersey, B, T, Vol, 25,] Burlington, July 7, 1761 May it please Your Excellency, We, His Majestys Dutfful and Loyal Subjects, the Eepresentatives of New Jersey, in General Assembly Conven'd without delay, have Taken into Consideration the providing for a Number of men to be Inlisted, pursuant to the Expectation of His ExceUency General Amherst, and done therein according to his desire, in Confidence of their being Discharged at the time Limited. Tho' we Could not be sufficiently assured, that the Number we provided for last Spring, Considering the Extream Scarcity of men among us. Could be Eaised, it is with pleasure we now Eeceive the information your ExceUency has given us, that the Eegiment is no [so ?] near Compleated; We have not in the Course of this War been Eemarkable for Defficiencies; We Entered into the Service with the View of giving our best Assistance, and with hopes of future Security, we have, tho' deeply in Debt, Continued our Endeavours: And as the Salutary prospect of a General peace Seems at Hand, notwithstanding we have had, and must here. after Struggle with heavy Taxes, when the Important point of Security against French Perfidy and Savage Cruelty, is Obtained, We doubt not of their being paid 288 ADMINISTRATION OF GOVERNOR BOONE. [1761 with Chearfulness, and the Occasion Eetained with grateful Admiration. If Common Eeport may be Credited, this is hkely to be the last Address to your Excellency; unsolicited by any AppUcations, It may, we presume, be unexpected; yet permit us to Eemark, That as we have asked nothing of you unbecoming his Majesty's Eepresenta tive to grant. You have refused us nothing we have Asked. If it is Honourable to distinguish an Admin istration, not only unsuUied, but pubUckly kind and benevolent, such an Administration as yours Demands our grateful acknowledgements; The Shortness of the time you have been among us is an Objection not in our power to Eemedy: on your Successor therefore must Eeraain our further hopes, whom we shall be happy to find EquaUy Succeeding to our Wishes. By order of the House Samuel Nevill Speaker. Answer of Governor Boone to the foregoing address. [From P. R, O, New Jersey, B. T. Vol. 35.] Burlington July 7, 1761 Gentlemen, You have given a fresh Instance of your Duty to the Crown, and Eeadiness to Promote His Majestys Measures by so Chearful and Speedy CompUance with General Amherst's Eequisition nor will your Confidence be Abused. A Common Eeport Gentlemen has been productive of a very kind Compliment to me, I have discharged my duty faithfully, and am particularly happy that a Conduct which I have pursued vdthout Difficulty should be looked upon by you with Approbation. Tho: Boone 1761] ADMINISTRATION OF GOVERNOR BOONE. 289 Crown Rules and Instructions to be observed by the Receivers General of the several colonies in Amer ica. [From P, B, O. B. T, Plantations General, No. 15, Q, 17.] Treasury Chambers 24*'' July 1761 John Pownall Esq^ Sir, By direction of the Lord's Commissioners ofhis Maj estys Treasury I send the inclosed Memorial from the Auditor of the Plantations with a draught of Instruc tions proposed by hira to be sent to the several Eeceivers of the Elings Eevenue in America. My Lords are not without some doubt upon the matter of these Instruc tions as affecting the Interest of the Colonies, and they desire the Lords Commissioners for Trade and Planta tions will be pleased to consider the same and acquaint my Lords with then- Opinion how far this draught is fit to be carried into Execution I am Sir Your very humble Servant Sam'' Martin (Enclosure Indorsed) Auditor Generals Memorial praying the annexed in- structio may be sign'd by His Majesty & by their Lordships and made fixed and standing instructions Read 17"' July 1761 referred to y" Board of Trade. To The Right Hon^!^ The Lords Commission ers of his Majestys Treasury May it please your Lordships Whereas by a Clause in my letters patent I am di rected to lay before your Lordships such observations as may appear to me to have a tendency to the benefitt 19 290 ADMINISTRATION OF GOVERNOR BOONE. [1761 and improvement of his Majestys revenues I take the Liberty to lay before your Lordships the two inclosed papers of instructions marked (No 1 & No 2) which I am of opinion cannot fail of having a beneficial effect with regard to the weU regulating and improving the management of his Majestys revenues, those marked No 1, are instructions that upon an appUcation from my Predecessor in offlce were sign'd by his Majesty King George the first and made standing rules orders and instructions for the Eeceiver General of the Casual revenues in the Island of Barbadoes and the Leeward Island but were never sent to any of the Colonys and Provinces on the Continent of America, Now as the Casual Eevenue has been but Uttle attended to in the Provinces on the Continent and may be Ukely to be entirely lost I humbly offer them to your Lordships consideration and request your Lordships interposition that the same may be not only renewed for the Island of Barbadoes and the Leeward Charibbee Islands but may be also made out & sent Ukewise to every Prov ince and Colony of the Continent of North America provided they meet with your Lordships Approbation. The paper marked No. 2 are instructions for the Eeceivers General in the Colonys which I have framed with great consideration and with advice & informa tion as to the Law points & which I am of opinion wUl greatly tend to the service of his Majesty and the iraproveraent of his revenues & therefore hope if they are approved by your Lordships that your Lordships wiU order them to be made out Sc prepared for his Majestys signature & sent to every Colony in North America I am my Lords with the most profound respect your Lords most obedient and most humble Servant E^"" Cholmondelby A. G. A. Auditor's Office 25*" June 1761 .761] ADMINISTRATION OF GOVERNOR BOONE. 291 (No 1) Orders rules & instructions which our pleasure is shall be observ'd by the Receiver General for the time being of our Casual Revenues within our Island of Barbadoes & by all other our Officers concerned for the managing recovering & improving thereof. Imprimis That although it is to be understood that our said Casual Eevenues cannot in all cases be de scribed by particular denominations yet we order & direct that aU moneys revenues or effects under the foUowing denominations shall be esteemed & taken as our Casual Eevenues and received and accounted for by our Eeceiver General thereof for the time being & by no other person or persons whatsoever, that is to say, aU ffines fforfeitures Amerciaments penaltys Escheats & costs of suit happening or arising in any of our Courts of Judicature whatsoever vdthin our said Island, or before any of our civil Magistrates there, & estreated certifyed or sent into our said Courts or any of them to be levyed & recovered for our use, also aU moneys or effects arising for our part or share in uncustomed and prohibited goods seized and condemned, or by the seizure & sale of Ships & Vessels condemned and forfeited for unlawfuU trade and importations, and Ukewise aU moneys or effects belonging to Pyrates that are or shall be seized and condemned, and our Officers and Ministers concerned are hereby strictly charged and commanded to take care that the revenues before enumerated & all other our casual Eevenues be put within the charge of our said Eeceiver, and accounted for by him & by no other person whatsoever Secondly. Our said Eeceiver is hereby coraraanded 292 ADMINISTRATION OF GOVERNOR BOONE. [1761 to use his utmost diUgence and attention in the exe cuting of the said Office and to be carefuU to inform himself from time to time of our rights & dues with respect to any the casual Eevenues described or not described as aforesaid, and as they shaU, be adjudged Sc become legaUy due to demand in our name the receipt & payment thereof, and in case the partys chargeable refuse neglect or delay payment to apply in our name to our Governour Judges Attorney Gen eral or any other our Officers or Magistrates concerned to aid & assist him in the recovering & levying thereof Thirdly That in order to our said Eeceivers being better enabled to sue for and recover aU arrears that are due or any money or effects that shaU from time to time become due to us for our said Casual Eevenue our said Eeceiver is hereby authorized & required to employ such SolUcitor as shall be appointed in this behaff by us or by our High Treasurer or any three or more of our Commissioners of the Treasury for the tirae being, and our said Eeceiver is hereby irapowered to pay to such SolUcitor, so to be appointed, for his service pains and trouble in solliciting prosecuting and recovering our said Eevenue after the rate of 4 ^ Cent for & upon all moneys to be actuaUy received by him and charged on his account, and we do hereby direct that the same be allow'd to our said Eeceiver General by the Auditor of our said Eevenue or his Deputy on his account. Fourthly In case of apparent neglect delay or indif ference of any of our Officers in giving their aid & assistance for recovering and levying the aforesaid rights of the Crown, our said Eeceiver is hereby directed to represent the same from time to time to the Governour of our said Island, who is hereby also directed to use all lawfull authority for redressing the same, and also to the Auditor of our Plantations, who is hereby directed to lay the same before our High 1761] ADMINISTRATION OF GOVERNOR BOONE. 293 Treasurer or Commissioners of our Treasury for the time being in order to his or their being fuUy apprized of the behaviour of the officers concerned in the man agement of our said Eevenue. Fifthly Our said Eeceiver is hereby directed & im powered to aUow and pay reasonable fees to any the Officers who are or shall be aiding & assisting, or by whose means any of our said Casual Eevenues shall be recovered and paid to him, & the same shaU be allowed in his account by our Auditor of the Plantations or his Deputy Provided the said fees be such as our Attorney General there shaU have allowed, and to that end our said Attorney General is hereby required to setle & adjust a table of fees to be paid for the pur poses aforesaid, which table of fees our pleasure is shaU be first approved by us & be enter'd in our said Auditor or his Deputy's Office, and to be hung up and affixed in such pubUck place or places as shall be thought necessary for the information of aU persons concerned. Sixthly. Our said Eeceiver is hereby also directed & impowered to aUow and pay unto the Discoverers of any concealed rents Eevenues Escheats or other rights of the Crown hereby declared and appointed to be withui his receipt a reward after the rate of 5 ^ Cent upon and out of aU clear moneys after all costs and charges deducted, that shall come and be paid into the hands of our said Eeceiver by means of such dis- coverys, and we do hereby direct that the same be allowed by our said Auditor or his Deputy in the said Eeceivers accounts Provided the Discoverer with our said Eeceiver do first come to the Office of our said Auditor or his Deputy, & there enter in a book to be kept for that purpose the import of such discoverys, so as the said Auditor or his Deputy may be judges of the probabiUty of our being advantaged by the dis coverys made before we are engaged in any expence or vexatious suits about the same. 294 ADMINISTRATION OF GOVERNOR BOOND. [1761 Seventhly. The proper Officers of any of the Courts of our said Island respectively are hereby directed to transmit a particular account of all fines forfeitures Amerciaments and escheats or of any other branches of our said Casual Eevenue decreed & adjudged to us in any of our said Courts to our said Auditor or his Deputy in order to our said Eeceivers being duly charged therewith. Eighthly. Our said Eeceiver is hereby directed at the end of every month to deUver into the office of our said Auditor or his Deputy a Ust or schedule signed by himseff of all moneys or effects had Sc received by him within & for such month, expressing therein under distinct columns, the day when received, of whom, upon what account, and the sums, so as our Auditor or his Deputy may from time to time be apprized of our Eevenues in the hands of our said Eeceiver, & of the ways & means by which they arise, and our said Eeceiver is hereby also directed at the end of every twelve months or at Michaelmas yearly to give into the Office of our said Auditor or his Deputy his account for such year; which account our said Auditor or his Deputy is to examine and pass in the form such accounts have used to be passed & that without delay, and we do hereby direct that our said Eeceiver shall be aUowed on such his years account after the rate of six "'^ Cent for and upon all moneys actuaUy received by him Sc charged iu such accounts in consideration of his service pains & charges in executing the said Office of Eeceiver, and we do hereby also direct that our said Auditor for his services pains & charges in examining and passing the said accounts & otherwise employing his care about recovering & managing the said revenues shaU have and receive an aUowance after the rate of five ^ Cent upon all moneys actuaUy received as aforesaid. Lastly. Our pleasure is that our Orders rules and 1761] ADMINISTRATION OF GOVERNOR BOONE. 295 instructions be entered in aU Courts Offices and places in our said Island where or before whom any our Eevenues hereby meant to be taken in charge by our said Eeceiver shaU arise or happen, so as aU our Officers and Ministers concerned without being particu larly named may be acquainted therewith, and take notice of our pleasure, and conform themselves sever ally thereunto in aU other things accordingly. Given at Court at Kensington the 12*? day of September 1721 in the 8*" year of our Eeign By his Majestys Coramand E Walpole Geo Baillie E Edgcumbe (No 2) Orders, Rules and Instructions to be observed by the Receivers Oeneral of the several Colonys and Provinces in North America 1" You are in Conjunction with the Deputy Auditor for the time being, to use your utmost endeavours to form an exact and compleat Eent EoU of his Majesty's Quit rents, and as the same cannot be done without extraordinary Trouble and Expence in taking Extracts from Eecords in PubUck Offices and County Courts, of aU Grants and mesne Conveyances of Lands here tofore Granted and Conveyed, proper Consideration shaU be had for such Service, as has been done in such Cases in other Colonies. 2? The better to enable you to carry on the Service relative to his Majesty's Lands, you are required per sonaUy or by your Deputies at all times to attend the Land Office'on Granting of Lands. 3ff You are every six months or oftener to caU upon the proper Officers of the Courts of Justice for exact ^96 ADMINISTRATiON OF GOVERNOR BOONE. [1761 Dockets of all ffines and fforfeitures imposed by such Courts, and to call upon the Sheriffs and proper Offi cers for the money levied by them accordingly, in all which Oases the Judges of the respective Courts are to interpose their Authority for the Service of the revenue. 4'? You are to take the same Measures with regard to the Courts of Admiralty in Cases of Seizures and Condemnations, where the Forfeiture is to the Crown, and to take Care that the same be accordingly paid over to you, and properly accounted for in the Audi tors Office. 5*!" That no undue preference may be given by you in payment of the Officer's Salaries, you are to take care to pay aU Salaries in due proportion to the money in your Hands, and the same rule to be observed in payment of their Arrears And where payraents of Quit rents cannot be made in Gold or Silver rated ac cording to the 6*" of Queen Ann In receiving Quit rents and the Kings dues in paper money in place of Gold and Silver. You are at all times to keep up to the Valuation of Gold and Silver as fixed by the said Act of ParUament receiving and paying in Paper money what is bona fide in aU payments adequate to so much Gold and Silver. 6'!" Whereas it is absolutely necessary for his Maj esty's Service, that you as well as the Deputy Auditor, be authorized to act as Justices of the Peace through out the Province you are therefore to apply to the Governor to nominate you accordingly Justice of the Quorum, in Case you are not already so nominated. 7'." And, for the better Collecting his Majesty's rents, you are to know that you may distrain not only upon the particular Lands, for which the Quit rents are due, but also upon all other Lands of the Kings Debtor within the Province whether the same are held imme diately under the King's Grant or otherwise. i76i] ADMINISTRATiON OF GOVERNOR BOONE. 297 8* Where no distress is to be found, and the Tenant in Arrear Uves out of the Province, the Lands them selves, or any other Effects within the Province, are hable to be taken in Execution for the Debt — The Ten ant in Arrear for Eent Living within the Province, his person, as well as Lands become Uable by way of debt. 9*-" Whereas for want of a Court of Exchequer in North Carolina, the usual and legal process at Common Law cannot Issue in Cases of Intrusion on his Maj esty's Lands, Concealment of rents, Escheats, and many other Cases relative to his Majesty's prerogative Rights and Eevenues, You are therefore in all such Cases to apply to his Majesty's Attorney General for Eedress, through the Jurisdiction incident to the Court of Chancery in such Cases by way of Informa tion or Bill, in his Majesty's behalf as his Attorney General shaU, ae'cording to the nature of the Case Advise. 10'" And altho' it be understood that the said casual revenue cannot in aU Cases be described by particular denominations, yet it is ordered and directed, that all Monies, Eevenues or Effects under the following de nominations shall be Esteemed and taken as such His Majesty's Casual Eevenues, and received and accounted for by the said Eeceiver General thereof for the time being, and by no other person or persons whatsoever That is to say. All Fines, Forfeitures, Amerciaments, Penalties, Escheats and Costs of Suit happening or arising in any of the Courts of Judicature whatsoever in the said province, or before any of the civil Magis trates there, and Estreated, Certified, or sent into the Courts, or any of them, to be levied and recovered for his Majesty's Use, also, the monies or effects, arising for his Majesty's part or share in uncustomed or pro hibited Goods seized and condemned orby the Seizures and Sales of Ships and VesseUs condemned and for- 298 ADMINISTRATION OF GOVERNOR BOONE. [1761 felted for unlawful Trade and Importations, and Uke wise All VesseUs, Monies or Effects whatsoever, be longing to the Enemy taken and condemned to his Majesty's Use as lawful Prize also all Monies, VesseUs or Effects taken from Pyrates that shall be taken and condemned, together with all Monies arising by way of Quit-rents or by way of Eight money or Considera tion money, or under whatever Denomination, whether by way of Quit rents or Fine and Consideration money, for his Majesty's Lands in the said province. And aU his Majesty's Officers and Ministers, the Governor, as weU as others, are hereby strictly charged and com manded to take Care that the revenues before enumer ated, and aU other the Kings Casual revenue whatso ever, be put within the Charge of the said Eeceiver and accounted for by him accordingly. 11'-" You are to use your utmost diligence and atten tion in the Executing of the said Office and to be care fuU to inform yourself from time to time of his Majesty's Eights and Dues with respect to any of the casual revenue described or not described as aforesaid and to demand in his Majesty's name the Eeceipt and Payment thereof, and in Case the parties chargeable refuse, neglect or delay payment, to apply to the Gov ernor, Judges, Attorney General, or any other his Majesty's Officers concerned to aid and assist you in recovery and levying thereof. 12'" In Case of apparent neglect delay or indiffer- ency in any of his Majesty's Officers in giving their aid and assistance for recovering and levying the aforesaid Eights of the Crown, You are hereby directed to represent the same from time to time to the Gover nor, who is hereby directed to use all lawfull Author ity for redressing the same, and also to our Auditor of the plantations, who is hereby directed to lay the same before the Lords Commissioners of the Treasury for the time being, in order to their being fully apprized of the behaviour of the Officers concerned therein. 1761] ADMINISTRATION OF GOVERNOR BOONE. 299 13':" These Orders, Rules and Instructions, together with such other Instructions as may heretofore or hereafter be given for the Service of the Eevenue to be entered in All Courts, Offices and Places in the said province, where or before whom any of his Majesty's Revenues hereby meant to be taken in Charge by the said Eeceiver, shall arise and happen so as that All his Majesty's Officers and Magistrates concerned, without being particularly named may be acquainted there with, and take care to conform themselves severally thereunto in all things accordingly. Given at &c. Letter from Governor Boone to the Lords of Trade, informing them that an Act had been passed for continuing a part of the New Jersey Regiments and that he had suspended Mr. Antill, one of the Council. [From P. E. O, B, T, New Jersey, Vol. 9, K, 16.] P. Amboy July 28'!' 1761 My Lords Since my last of the 5'" of June, Gen' Amherst found it Necessary to apply to me, in order that a Proportion of the Eegiment of this Province might be Continued during the Ensuing Winter, when his Majesty's Eegu lar Forces may Possibly be absent; I called therefore the asserably, & they came to an Immediate Eesolve that the Nuraber required. Sixty Four Private Men & two officers, should be Continued tiU NoV l«' 1762 un less sooner discharged; in the Providing for the men the Season of their Service has been Considered, & proper Clouthing not forgot; An Act passed without any fresh Emission of Money, for these Purposes, to which any Money that is Actually, or may Corae into the Treasury is made Uable: I have great Eeason to be 300 ADMINISTRATION OF GOVERNOR BOONE. [1761 Satisfied both with the Eeadiness and Manner of the Assembly's Coming into this measure, but the Act it self is of such an unnecessary length that it is Impos sible for me as yet to transrait it to your Lordships; neither have I as yet got the Minutes of the Assembly, those of the Council I have the honour to Enclose you, by which your Lordships will Perceive that I have Sus pended M' Antill for non Attendance as A Member of the Council, I wish this Example may be of Service, it appeared to me Necessary, & cannot be hurtful!. I have the honour to be with great Eespect My Lords Your Lordships most Obedient & raost hura"!" Servant Tho: Boone. P. S. Since writing the above I have procured print ed Copies of the Minutes of Assembly, & the Act passed in our last Session, which I have the honour to 1761. Letter from Governor Boone to the Lords of Trade — giving an account of the seizure and condemnation of a vessel and cargo engaged in illicit trade. [From P. R. O. B. T,, New Jersey, Vol. 9, K, 17,] Perth Amboy New Jersey Aug" 30'" 1761 My Lords I have deferred making your Lordships acquainted with my Proceeding against a vessel concerned in an Illegal trade, till the trial in the Court of admiralty was over, & till I could at the same tirae Communicate the Judgement that was given yesterday, by which the Vessel a Brigantine belonging to New York, her Tackle, appareU, and Furniture, and one Hundred & Fifty Seven Hogsheads of Brandy, twenty one Tierces of do. Fifty four cags or Anchors of Geneva, ten 1761] ADMINISTRATION OF GOVERNOR BOONE. 301 tierces, & ten Barrels of Starch were declared forfeited, & the Master of the Vessel adjudged to have Incurred the Penalty of one Hundred Pounds Sterling pursuant to the Act which Inflicts the same. It gives me a sincere pleasure to have Succeeded in making so pubUck an Example of a Vessel, engaged in a trade equally Injurious to the fair dealer, & the mother Country, and it is a considerable addition to my Satisfaction to my Satisfaction, that I have sur mounted those difficulties which Every Governor must Encounter, who Engages in a Cause of this kind, in a Country where a false humanity for the delinquents (Occasioned perhaps by the too general prevalence of the trade itseff) renders the procuring voluntary testi mony ahnost Impossible. It appears by the Custom house Books of New Yorky^hich I have caused to be searched, that this vessel about a year ago cleared out of that Port immediately for Hamburgh with a load of ¦ Sugar by a certificate from this Port of Perth Amboy, her owner Ensured at New York her return there, she took on board at Hamburgh besides the goods actuaUy Condemned East India goods Tea &c. The Master and Mate Acknowledged in an Examination to which sub mitted voluntarily, to have broke Bulk, & the verry goods taken out of the Vessell were actually seized at N. York, and yet notwithstanding this, they claimed, stood trial & by paying some Evidence, & Eemoving others, they made the matter so doubtfuU, that upon an appUcation from them to the Attorney Gen! for a Compromise, I was induced to make them an offer, if they would wdthdraw their Claim & suffer publick Condemnation, they might depend on my word that I would rehnquish the Intire Proportion, which the Act of Parliament aUots Governors; this they have accord ingly done and I have the honour to Acquaint the Lords Comraissioners of the Treasury of this transac tion. I Proraise myself your Lordships approbation 302 ADMINISTRATION OF GOVERNOR BOONE, [1761 of my Zeal in this affair, which I have carried through singly, & from which I am not to derive the least pecuniary Benefit, unless your Lordships do me the Honour of Eecommend me to the Lords of the Treas ury as not undeserving the King's Third, a Favour which his Majesty is sometimes most graciously pleased to Confer on Governors even in less particular Cases. I have been thus ExpUcit in order to give your Lordships a Sketch of the Disadvantages we labour under in the Exercise of this Part of our Duty, to which your Lordships wisdora raay possible suggest a Eemedy. I have the honour to be My Lords with Utraost Eespect Your Lordships most obed' & most Hum*')^ Servant Tho: Boone. P. S. I beg leave to Acquaint your Lordships that the Kings Third, for which I have presumed to SolUcit your Lordships interposition in ray Behalf, will scarce Amount to above Six Hundred Pounds. Representation from the Lords of Trade to the King, with a draft of Instructions to Governors of the Colonies, relative to the alteration in the prayers for the Royal Family. [From P, R, O., B, T,, Plantations General, Vol. 41, p. 122.] To the King's most Excell* Majesty. May it please Your Majesty, Ll Obedience to Your Majesty's Order in Council of the 11*" instant, directing Us to prepare Draughts of Instructions proper to be sent to the Governors of Your Majesty's Plantations in Araerica for an Altera- 1761] ADMINISTRATION OF GOVERNOR BOONE. 303 tion in the Prayers for the Eoyal Family, We here with humbly lay before Your Majesty the Draughts of such Instructions as We conceive proper on this Occasion for Your Majesty's Eoyal Signature. Which is most humbly submitted Sandys Ed: Thomas Andrew Stone Sept' 16: 1761 John Yorke Instruction to Our Trusty and Wellbeloved Arthur Dobbs Esquire Our Captain Gen eral and GrOvernor in Chief in and over Our Province of North Carolina in Ameri ca.^ Griven at Our Court at S- James the day of 1761 in the Year of Our Reign. Whereas we have been pleased by Our Order in CouncU of the IP;" Day of Septr instant, to declare Our Pleasm-e, that in the Morning & Evening Prayers in the Litany & in all other Parts of the publick Service as well in the occasional Offices as in the Book of Common Prayer where the Eoyal Family is appointed to be particularly pray'd for, the following Form of Words should be used viz' Our Gracious Queen Char lotte Her Eoyal Highness the Princess Dowager of Wales and aU the Eoyal Family Our Will and Pleas ure therefore is, that in all the Prayers Litanys & Col lects where the Eoyal Family is prayed for, and which are used within Our Province of North CaroUna under ' A like instmction was sent to the GoYemors of Georgia, Soutli Carolina, Vir ginia, New York, New Jersey, Massachusetts, New Hampshire, Connecticut, Rhode Island, Pennsylvauia, Maryland, Nova Scotia, Barbadoes, Jamaica, Leeward Islands, Bermuda, Bahamas, Quebec, Montreal, Cape Breton, Guadaloupe. 304 ADMINISTRATION OF GOVERNOR BOONE. [1761 Your Government the same Form and Order of Words be used as foUows viz? Our Gracious Queen Charlotte Her Eoyal Highness the Princess Dowager of Wales and aU the Eoyal Family And for the better Notice hereof in Our said Province, It is Our further WUl & Pleasure that you cause the same to be forthwith published in the several Parish Churches and other Places of Divine Worship within our said Province, and that you take Care that due Obedience be paid thereto accordingly. Letter from Governor Boone to the Secretary of State — Congratulations on the King's intended marriage. [From P. R, 0, America and West Indies, Vol, 73,] P. Amboy N. Jersey Sept 21'.' 1761. Sir I have this day the Honour of Eeceiving your Noti fication of his Majesty's Eesolution to Deraand in Mar riage the Princess Charlotte Sister of the Duke of Mecklenburg, & the Extraordinary Gazette pubUshed on that Occasion; I beg leave Sir to Join my Congrat ulations to you, with those of the most DutifuU of his Majesty's Subjects, upon this Joyfull Event, and I have the honour to be with the Utmost Eespect Sir Your most Obedient & most Humble Servant Tho: Boone. 1761] ADMINISTRATION OF GOVERNOR BOONE, 305 Letter from Governor Boone to the Lords of Trade, informing them that he had received leave of ab sence before proceeding to South Carolina but would not avail himself of it at present. [From P. R. O, B. T., New Jersey, Vol. 9, K. 19.] N. York Noyr 24'f 1761 Original Oct. 20*?* from The Jerseys My Lords 1 have the honour to Acquaint your Lordships that though it is two months since I received his Majesty's leave of Absence, yet my Inclination to deUver this Government to my Successor in its Present State of Harmony, & the doubtfuU Situation of S? Carolina to which the King has been most graciously pleased to promote me, have Prorapted me Entirely to wave making use of his Majestys Permission to go to Europe however detrimental this resolution raay be to my pri vate affairs: My Zeal for his Majesty's Service will not, I hope be unacceptable to your Lordships & I presume to promise myself your favourable Interposi tion, if hereafter in less troublesome times ray health or private Business should render a second appUcation for his Majesty's Indulgence Necessary 1 have the Honour to be with the greatest Eespect, My Lords Your Lordships raost Obedient & raost Humble Servant Tho: Boone, The L".^ Coraraissioners for Trade &" 20 306 ADMINISTRATION OF GOVERNOR BOONE. [1761 Letter from Secretary Pownall to James West, Secre tary to the Lords Commissioners of the Treasury, enclosing a copy of Governor Boone's letter of August 30, relating to the seizure of a vessel en gaged in illicit trade. [F,rom P, R. O, B, T, New Jersey, Vol 17, p, 120.] Whitehall Nov^ 13: 1761 To James West Esq*' Secretary to the Lords Commissioners of the Treasury. Sir, I ara directed by the Lords Commissioners for Trade & Plantations, to send you the inclosed Copy of a Let ter, which their Lordships have received from Thomas Boone Esq' late Governor of New Jersey, dated the 30*-" of August 1761,' contaming an Account of the Prosecution and Condemnation of a Vessel in the Admiralty Court of that Province, for iUicit Trade, and I am to desire you wiU be pleased to lay the said Letter before the Lords Commissioners of His Majes ty's Treasury. Their Lordships do not take upon thera to Judge of the propriety of M' Boone's request, that His Majesty would be graciously pleased, to grant him the Crown's share, of the Produce of the said forfeiture, but they think it incumbent upon them in Justice to M' Boone, to give it as their Opinion, that his rehnquishing his own Share of the forfeiture, in order to induce a greater facility in the Condemnation of the Vessel and Cargo, > See ante, page 300.— Ed. 1761] administration of goveror bonone. 307 is such an Example of disinterested regard to the Pub lick, in a case of very great importance to the Trade of this Country, and its Colony's, as justly entitles him to His Majesty's favour ' I am Sir Your most Obed' hum"' Servant John Pownall v' Nothing has been discovered inthe matter of legislation during Gov. Boone's brief authority in New Jersey upon which to base an enlightened estimate of his qualifications, or from which to gather correct information respecting his political sentiments. It is evident, however, that his capacity for business, his character and disposition were suoh as to attach the people to him. The Assembly's last ad dress, presented July 7, 1761, thus concludes: " If common report may be credited, this is hkely to be our last address to your Excellency. Unsolicited by any appli cations, it may be unexpected, yet permit us to remark, that as we asked nothing of you unbecoming his Majesty's representative to grant, you have refused us nothing we have asked. If it is honorable to distinguish an administration, not only unsullied but pubUcly kind and benevolent, such an administration as yours demands our grateful acknowledgements. The shortness of the time you have been among us is an objection not in our power to remedy. On your successor, therefore, must remain our hoj es, whom we shall be happy to find equally suc ceeding to our wishes," The Corporation of Perth Amboy thus addressed him on the day before the arrival of his successor: "It has ever been the custom to address Govemors on their flrst arrival, to enumerate their virtues and good qualities, and to extol their abihties for govemment, and oftentimes upon no better founda tion than the authority of common fame ; hence it too often happens, that, upon a better acquaintance, they are ready to unsay all they said and to show the greater joy upona change or removal. But with respect to you. Sir, every day has given us fresh proofs of your Excellency's abilities and upright intentions, and demands OUT sincerest acknowledgments. No selfish or lucrative schemes have appeared in your conduct, or suUied your administration ; on the contrary, all your measures have been dictated by generous and benevolent principles, and your Excellency in public Iif e has maintained that good character you so justly and universally ac quired in private,"— if. Y. Gazette. Such language from the authorities of the place where he resided— his personal associates and neighbors— must be considered indicative of more than common feelings of satisfaction, Govemor Boone was present on the arrival and installation of his successor, and did not sail from New York for South Carolina until December 3, entering upon his duties as Governor of that Colony early in January, 1762, He left there in May, 1764, being recalled in consequence of differences with the Assembly.— iV, Y. Mercury, Jime 18th, 1764. After his retum to England, Mr, Boone received an appointment as a Commis sioner of the Customs, which he held for several years. He resigned it in Septem ber, 180B,and retired to Lee Place, Kent, In 1771, his flrst wife, whom he had mar ried in South Carolina, having died or been divorced, he married a Mrs. Ponnereau of South Carolina, who died at his residence in Kent in April, 1812, The time of his own death has not been ascertained. See Hampton's Hist. Aut., p, 8; Gates Papei-s, N, Y. Hist, Soo, Library,— Comtri&aKons to the Early Histry of Perth Am- ioy, p. 176, 308 ADMINISTRATION OF GOVERNOR HARDT. [1761 Order of the King in Council, approving of a repre sentation of the Lords of Trade relative to the passing of Patents for Lands upon the Mohawk River, and the granting Judges' Commissions dur ing good behavior. [From P. R, O. B, T., Plantations General, Vol. 17, [15] Q. 21,] At the Court at Sf James's the 23? day of November 1761. ~'~''^ Present ¦ j The Kings most Excellent Maj esty in Council Upon reading this day at the Board, a Eeport from the Eight Honourable the Lords of the Committee of Council for Plantation Affairs, dated the 21^' of this Instant, in the Words foUowing — A^iz* '^Your Majesty having been pleased to referr unto this Committee a Eepresentation from the Lords Com raissioners for Trade and Plantations, dated the 11" of this Instant Setting forth, " That they have had under their Consideration several Letters and Papers which they have received from Cadwallader Colden Esq-', Lieutenant Governor, and late Commander in Chief of Your Majestys Province of New York in America, and as those Letters and Papers have reference to cer tain Measures of Government there, which have either been acted upon, or become the Subject Matter of Dis cussion, and which appear materially to affect Yom' Majestys Service and the Interest and Welfare, not only of that Province but of all other Your Majestys Colonies and Plantations in America, they thought it their indispensible Duty to lay the same before Your 1761] ADMINISTRATION OF GOVERNOR HARDY. 309 Majesty with such Observations as have occurred to them thereupon " "That the material Points to which those Papers referr, and to which the said Lords Commissioners confine their Observations are " "P?The measures which the Lieutenant Governor and CouncU have entered upon for granting Lands and making Settlements upon the Northawk [Mohawk] Eiver, and in the Country adjacent to Lake George " <(2ciiy Tj^g Proposition made to the Lieutenant Gov ernor by the CouncU to grant Commissions to the Judges during good Behaviour, the Limitation of which Commissions is by Your Majestys Instructions to aU Your Governors in America to be during Pleas ure only." "That the said Lords Commissioners shall not, upon this Occasion, take upon them to controvert the gen eral Principles of PoUcy upon which either one or other of these general Propositions is founded, but however expedient and constitutional they may appear in the abstract View and Consideration of them, Yet they apprehend, that when they come to be appUed to the present State of Your Majestys Colonies, they will appear in a very different Light, and be found, the one to be dangerous to their Security, and the other destructive to the Interests of the People, and subver sive of that PoUcy by which alone Colonies can be kept in a just dependence upon the Government of the Mother Country." "That this is the general Light in which they see these Measures, but as they are in their Nature sepa rate and distinct, so they will as the said Lords Com missioners apprehend require a separate and distinct Consideration, and therefore they liumblj' .offer to Your Majesty what has occurred to thern upon each in the Order in which they have placed them " " That it is as unnecessary as it would be tedious, to 310 ADMINISTRATION OF GOVERNOR HARDY. [1762 enter into a Detail of aU the Causes of Complaint which Our Indian Allies had against Us at the Com mencement of the Troubles in Araerica, and which not only induced them, tho' reluctantly, to take up the Hatchet against Us, and desolate the Settlement on the Erontiers, but encouraged Our Enemies to pur sue those Measures which have involved Us in a dan- erous and critical War, it wiU be sufficient for the Present Purpose to observe, that the Priraary Cause of that discontent which produced these fatal Effects was the Cruelty and Injustice with which they had been treated with respect to their Hunting Grounds, in open Violation of those Solemn Compacts by which they had yielded to Us the Dominion, but not the Property of those Lands, It was happy for Us that We were early awakened to a proper Sense of the In justice and bad Policy of such a Conduct towards the Indians, and no sooner were those Measures pursued which indicated a Disposition to do them all possible Justice upon this Head of Complaint than those Hos tilities which had produced such horrid Scenes of Dev astation, ceased, and the Six Nations, and their De pendants became at once from the most inveterate Enemies Our fast and faithfuU Friends " " That their steady and intrepid Conduct upon the Expedition under General Amherst for the Eeduction of Canada, is a striking Example of this Truth, and they now, trusting to Our good Faith, impatiently wait for that Event, which, by putting an End to the War, shall not only ascertain the British Empire in America, but enable Your Majesty to renew those Compacts by which their Property in their Lands shall be ascertained, and such a System of Eeformation introduced with respect to Our Interests and Com merce with them, as shall, at the same tirae that it redresses their Coraplaints and establishes their Eights give equal Security and Stabihty to the Eights and Interests of all your Majestys American Subjects." 1762] ADMINISTRATION OF GOVERNOR HARDY. 311 " That under these Circumstances and in this Scitua- tion, the granting Lands hitherto unsettled, and estab lishing Colonies upon the frontiers, before the Clairas of the Indians are ascertained, appears to be a Meas ure of the raost dangerous Tendency, and is more par ticularly so in the present Case, as these Settlements now proposed to be made, especially those upon the Mohawk Eiver, are in that part of the Country, of the Possession of which the Indians are the most jealous having at different times expressed in the strongest Terms their Eesolution to oppose aU Settlements thereon as a manifest Violation of their Eights." "That the Principles of Policy which the said Lords Commiss'f have laid down, are, they apprehend, in their Nature so clear and uncontrovertable, that it is almost unnecessary to add anything further to induce Tour Majesty to give iraraediate Orders for putting a stop to aU Settleraents upon the Mohawk Eiver, and about Lake George, until the Event of the War is determined, and such Measures taken thereupon, with respect to Our Indian AUies, as shall be thought expe dient, and yet it raay be proper to observe, that inde pendent of what regards Our Connection with the Indians the Conduct of those who have in forraer times been entrusted with the Adrainistration of the Government of Noav York, has, in reference to grant ing of Lands in general, been very .exceptionable, and has held forth a very bad Example to their Successors." "That the exorbitant Grants of Lands which Gov ernors, and others, have heretofore made, greatly to the Benefit of themselves, but very much to the preju dice of the Interests of the Crown, and of the People iu general, have long been the Subject of great Com plaint; And the said Lords Commissioners cannot but think, that the Lieutenant Governor, and the Coun cil, would have shewn a greater regard to Your Maj estys Interest, and the Welfare of the Province in 313 ADMINISTRATION OF GOVERNOR HARDY. [1761 General, by a pursuit of such Measures as raight hare operated to correct those Abuses, and remedy the Evils arising from so improper a Conduct in their Predecessors in Government, than by entering upon Measures for making fresh Grants and Settlements, which they have great reason to apprehend, from Information which may be depended upon, are more for the Benefit of theraselves and their FamiUes than for the Subject in general, and therefore they submit to Your Majesty whether this may not be an addi tional Eeason why speedy and positive Orders should be given for putting a Stop to Measures which appear, in every light, so destructive of Your Majesty's Inter ests, and the general Welfare and Security of the Colony. " " That with respect to the other point relative to the granting the Judges Comraissions during good Beha viour, it will be less necessary to detain Your Majesty long upon this Question, as it has been already so soleranly determined in the Case of a Law some time since passed in Jamaica, and one lately in the Pro prietary Government of Pensilvania for establishing such a Constitution " " That the Principles laid down in the Attorney and SoUicitor Generals Eeport upon the Jamaica Law, and in that of the said Lords Comraiss? Predecessors in Office upon the Act passed in Pensilvania, are so clear and expUcit, that it is almost unnecessary to add any thing thereto. But as the People of New York appear from the Lieutenant Governors Letters, to be so strenu ous upon this Point, alledging the Precedent and Ex ample of the Mother Country, The said Lords Com miss'" observe that the Cases are in no Degree SimUar." "That the Change which the Tenure of the Judges Commissions underwent at the Eevolution in this Kingdom, was founded upon the raost conclusive and repeated Proofs of arbitrary and iUegal Interposition, 1761] ADMINISTRATION OF GOVERNOR HARDY. 313 unjier the Influence of the Crown, upon Points of the greatest Iraportance to the Constitution, and the Liberty and Eights of the Subject; It was not how ever by the Tenure of their Coraraissions alone that they were rendered independant, but such Salaries were settled upon thera, as not only rendered thera less liable to be corrupted, but was an Encouragement for the ablest Men to engage in that Profession which qualified them for such high Trusts." "That the garae Circumstance does in no Degree exist in the American Colonies, where, as there is no certain estabUshed Allowance that may encourage Men of Learning and Ability to undertake such Offices, Your Majestys Governors are frequently obliged to appoint such as offer from amongst the Inhabitants however unquaUfied to sustain the Character and tho' a more fit Person should afterwards be found, yet, if the Commission was during good Behaviour, such un qualified Person could not be displaced." "That late years have produced but too many Ex amples of Governors having been obliged, for want of such an EstabUshment as might induce able Persons to offer their Service, to confer the Office upon those who have accepted it merely with a View to make it subservient to their own Private Interests, and who, added to their Ignorance of the Law, have too frequent ly become the Partizans of a factious Assembly upon whom they have been dependant for their Support, and who have withheld or enlarged that Support ac cording as the Conduct of the Judges was more or less favourable to their Interests." "That it is difficult to conceive a State of Govern ment more dangerous to the Eights and Liberties of the Subject, but aggravated as the Evil would be by making the Judges Commissions during good Be haviour, without rendering them at the same time independant of the factious Will and Caprice of an 314 ADMINISTRATION OF GOVERNOR HARDY. [1762 Assembly, The said Lords Commissioners cannot but consider the Proposition as subversive of aU true Policy, destructive to the Interests of Your Majestys Subjects, and tending to lessen that just Dependance which the Colonies ought to have upon the Govern ment of the Mother Country." " That this was in a great Degree the Opinion of the Lieu* Governor hiraself, as will evidently appear from a Letter to the said Lords Commissioners of the 2? of June last, in which he acquainted them with his having rejected a Bill passed by the Asserably for this purpose, and m^ges as a Eeason that there was no fixed Salary to the Judges, that it was dependant from Year to Year on the Pleasure of the Assembly, and that whilst they were thus dependant upon the People for their Subsistence, such a Measure might be highly Prejudicial to the just Eights of the Crown, and the Acts of Trade; That these were then the Sentiments of the Lieutenant Governor, and though the said Lords Commissioners are at a Loss to guess at the Motive which could have induced him to declare, as he does, in his Letter to them of the 12" of August foUowing, That he apprehended he should be under a Necessity of giving way to the Proposition, Yet they cannot but be of Opinion, that if under these Circum stances he should have complied with so pernicious a Proposition, he would justly have deserved Your Majestys Eoyal Displeasure." "The Lords of the Committee this da.y took the said Eepresentation into their Consideration, and agreeing in Opinion with the Said Lords Commissioners for Trade and Plantations, do humbly report to Your Majesty, that they conceive it adviseable that Your Majestys Pleasure should be made known upon the first point of granting Lands, as well in the Colony of New York as in all other Your Majestys Colonies on the Continent of America, where such Grants interfere 1761] ADMINISTRATION OF GOVERNOR HARDY. 315 with the Indians bordering on those Colonies^ — And that Your Majestys Pleasure should be raade known upon the last Point which relates to the Appointment of Judges, not only in the Colony of New York but in all other Your Majestys Islands and Colonies in America; And therefore that Your Majesty may be graciously pleased to order the said Lords Commis sioners to prepare Draughts of Instructions proper to be sent hereupon to the Governors or Commanders in Chief of aU Your Majestys Islands and Colonies in America accordingly. To the end that due Obedience be given thereto, and the Matters complained of so detrimental to the PubUck Service, Prevented for the future " His Majesty taking the said Eeport into Considera tion was pleased with the Advice of His Privy Council, to approve of what is therein proposed and accordingly to order, as it is hereby ordered, that the Lords Com miss" for Trade and Plantations do prepare Draughts of Instructions proper to be sent with respect to the first Point of granting Lands, as well to the Governor or Commander in Chief of the Colony of New York, as to the Governors or Commanders in Chief of all other His Majestys Colonies on the Continent of America, where such Grants interfere with the Indians bordering on those Colonies^ And that they do also Prepare like Draughts of Instructions upon the last Point, which relates to the Appointment of Judges, to the respective Governors and Comraanders in Chief of aU other His Majestys Islands and Colonies in America, .to the End that due Obedience be given thereto, and the Matters complained of, so detrimental to the PubUck Service, presented for the future. And that such Draughts of Instructions be laid before His Majesty at this Board for His Eoyal Approbation. Hen Fane 316 ADMINISTRATION OF GOVERNOR HARDY. [1761 Letter from Governor Hardy, of New Jersey, to the Lords of Trade, informing them of his arrival in the Province — asks to have the suspension of Ed ward Antill confirmed. [From P. B. O. B. T. New Jersey, Vol. 9, K. 20.] Perth Amboy Nov': 231 1761 The R* hon^-^^ The Lords Commissioners for Trade & Plantations. My Lords I have the honour to acquaint your Lordships, that I arrived in the Province of New Jersey the 29*" of last month' and iraraediately published his Majestys Commission in this City & two days after at Burhng- ton in the usual form, on my return frora thence to this City I summon'd a meeting of the Council aud by their advice have issued a new Coraraission of the Peace & for the Courts of Pleas in each County; this was a brother ol Sir Charles Hardy at one time Gov ernor of New York. Very little informa tion has been, ob tained respecting him and he does not appear to have had any connection with the colonies previous to his appointment to the Governor ship of New Jersey. The Neiii York Gazette of October 33, 1761, announced his arrival on board His Majesty's Ship, Alcide, with his wife and family. On the 29th he landed at Elizabethtown Point on his way to Perth Amboy, being received on his landing by Governor Boone, Lord Stirling, who had been a fellow passenger. the members of the Council, and some of the chief gentlemen and magistrates of the Borough of Elizabethtown, and the troops of Captains Terrell and Parke were put in requisition, as they had been for his predecessor, to escort him to the seat of government at Perth .Araboy. In addition to the authorities of the city, they were 1761] ADMINISTRATION OF GOVERNOR HARDY. 317 proceeding I found absolutely necessary, as there were many vacancys of Justices by deaths, & several others complained of for irregularity in their conduct, both in the execution of their office, as weU as their private lives, I thought it proper with the advice of the Coun cil to leave them out and fiU up their places with such as were well recomraended by the Gentlemen who re side in the different Parts of the Province. I have also by advice of his Majestys CouncU granted a new Com mission under the Great Seal of the Province appoint ing Courtland Skinner Esq^ Attorney and Advocate General (during pleasure) he has held this office some Years with great reputation. I intended on my arrival to have called together the General Assembly according to the twelth article of his Majestys instructions ; I found them prorogued to the first of the present month, but on consulting the CouncU & some of the members of the general Assem bly and finding them of opinion that it would be very inconvenient if I called them together before they had finished their business in the Country, and having nothing to come before them wherein his Majestys Service or the Province could suffer, I judged it proper to prorogue them to the 30*!' of this' month, when they are to meet in this City I find on the Minutes of the Council books that Gov- metby "Capt. Johnston's company of mUitia, under arms," a feature which had not entered into previous programmes, and proceeding to the court house and proclauned the Govemor's commission. The next day he was addressed by the Corporation, after whicli he left for Burlington.— iV^' Y. Gazette, November Sth. The celerity of the Govemor's movements indicates no small degree of promptness in his character, and his answers to the various addresses presented to him, show him to have been a man of few words. As a fair specimen, the following was his reply to the address of the Trustees of the College of New Jersey, September 29, 1762; " Gentlemen, 1 heartily thank you for your address. It will be at all times a particular satisfaction to me to give you every assistance in my power in promoting the prosperity of this useful seminary of leaming. Josiah Hardy. ' ' Excepting the announcement that his wife and family came with him to New Jersey no further notice of them has been discovered.— Contributions to the Early History of Perth Amboy, p. 183.— Ed. 318 ADMINISTRATION OF GOVERNOR HARDY. [1761 ernor Boone has suspended Edward Antill Esq from the Council for non Attendance tho' constantly sum mon'd ; I find on inquiry that this Gentleman wiU neither attend nor assign any reason why he does not, I therefore hope your Lordships will please to recom mend to his Majesty to confirm his suspension I am afraid I shall find it difficult to name three Gentlemen out of each division of the Province properly qualify'd for this ofifice till after tUe meeting of the Assembly, I shaU then have an opportunity of seeing more of the People, and be better able to Judge who may be fit Persons to recommended to your Lordships for this Vacancy I have the honour to be My Lords Your most hurable & Obedient Servant Josiah Hardy Articles of Association to Work Royal Mines in New Jersey or elsewhere. [From New York Colonial MSS., Vol. XC, fol. 39.] , Articles of Agreement Indented made and Concluded upon this twenty fifth day of November In the year of our Lord one thousand seven hundred and sixty one Between John Stearndall Charles Scot Thomas Cryer George Ti'aile and Johan Sebastian Stephani All at present of tlie City of New York whereas it is Thought a Eoyal Mine or Mines' may be Discovered in 1 "A twelfth branch of the Royal revenue, the right to mines, has its original from the king's prerogative of coinage, in order to supply him with materials; and, therefore, those mines wbich are properly royal, and to whicb the king is entitled when found, are only those of silver and gold." — 1 Blackstone, viii., 13. In 1793 the Attorney-General and Solicitor-General gave the opinion that by the charter granted to the Proprietors of New Jersey, " only the Base Mines within that Prov ince passed to the Grantees, and that the words of the Grant are not Sufflcient to carry Royal Mines, the property whereof StUl Remains in the Crown."— Jf. J, Archives, V, 74. From an early date, there had been rumors of silver and gold mines in New Jersey.— J6., 64, 139.— [W. N.] 1761] ADMINISTRATION OF GOVERNOR HARDY. 319 the Provinces of New York Connecticut or New Jersey in America And Whereas if such should be Discov ered it wUl be necessary that a Grant or Grants should be Obtained from the Crown to Enable the Discoverers to carry on the same for their benefit whereupon it is Covenanted granted and agreed by and between them the said John Stearndal Charles Scot Thomas Cryer George Trade and Johan Sebastian Stephani for them selves their Executors and Administrators in manner and form foUowing, first that they the said Charles Scot and Thomas Cryer shaU and wdll upon their arrival in London use ,their utmost Endeavours to Obtain a Grant from the Crown to the Parties to these Presents and their Executors Administrators and Assigns for such Royal Mine or Mines as may be dis covered in the provinces of New York Connecticut or New Jersey in America for such Time and Term and under such Profusions Limitations and reservations as the Crown wUl be favourably Pleased to Grant the same and also that they the said John StearndaU Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani and every of them their and every of theft Executors Administrators and Assigns shaU and wilKPay and Bear their respective equaU shares and Parts of aU Costs and Charges whatsoever that may attend the Obtaining the said Grant or Grants or the Endeavour to Obtain the same and in case that they the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani and every of them their and every of their Executors Administrators and Assigns shaU and will Pay and Bear their respective equall shares and parts of all such Costs Charges & Expences whatsoever as shall accrue either in searching for such Eoyal Mine or Mines or in working the sarae when Discovered and also that they the said John Stearndal Charles Scot 330 ADMINISTRATION OE GOVERNOR HARDY. [1761 Thomas Cryer George TraUe and Johan Sebastian Stephani nor either of them shaU or will seU Transfer or otherwise dispose of their or either of their share or Interest in such Grant or any Mine that may be Dis covered in Consequence thereof without first Offering the same to each and every of the other Parties to these Presents and also in Case the said Grant or Grants shall be Obtained & any Mine or Mines discov ered in consequence thereof that then the working thereof shall be under the Guidance Management and direction of the said John Stearndal and Charles Scot two of the Parties to these Presents And lastly for the true performance of aU and singular the Covenants conditions Eestrictions and Agreements herebefore in these Presents mentioned and Contained they the said John Stearndal Charles Scot Thomas Cryer George Traile and John Sebastian Stephani do hereby Bind themselves their and each and every of their heirs Executors and Adrainistrators and every of them each to the other in the Penal Sum of Ten Thousand Pounds Current Money of the Province of New York In Wit ness whereof they the said John Stearndal Charles Scot Thomas Cryer George Traile and Johan Sebastian Stephani have hereunto Subscribed their Names and Affixed their Seals in the City of New York the Day and Year first above in these Presents Written. John Stearndal (l. s.) Charles Scot (l. s.) Thomas Cryer (l. s.) George Traile (l. s.) Joh^ Sebastian Stephani (l. s.) Sealed and Delivered in tUe Presence of Us the Par ties Consenting and declaring that It was not their Intent or meaning that any Discoveries made by John Stearndal which are already under Lease to him or for 1761] ADMINISTRATION OF GOVERNOR HARDY. 331 his use or in which he is already Interested' should be within the Intent & meaning of the Preceeding Articles. Richard Morris John Crawley [Endorsed:] Copy Articles between Stearndal, Scot, Traile, Cryer & Sebastian Stephani concerning the Patenting & Ordering a Reputed Mine. Communication from the Lords of Trade to the King, with drafts of Instructions to the Governors of the Colonies, as to Settlements on the Borders likely to interfere with the Indians, and the Ten ure of Commissions granted to Judges and other officers. [From New York Colonial Documents, Vol. Vn., p. 477.] Whitehall Dec: 2. 1761. To the Kings most Excellent Majesty May it please your Majesty In obedience to your Majesty's Order in Council the 23 of last month We have prepared the Draughts of an Instruction for the Governors of such of your Maj esty's Colonies upon the Continent of North America as are under your Majesty's immediate Government and where the property of the soil is in your Majesty, forbidding them to pass Grants of or encourage settle ments upon any lands wdthin the said Colonies which may interfere with the Indians bordering thereon. ' On July 1, preceding the above agreement, Stearndal and Josiah Hornblower had leased the Schuyler copper mine, opposite Belleville, New Jersey, for the term of fourteen years, subsequently extended for ten years longer. — Josiah Hornblower and the First Steam, Engine in America, by WUliam Nelson, 1883, p. 39. -LW. N.] 21 333 ADMINISTRATION OF GOVERNOR HARDY. [1761 We have also in obedience to the said Order pre pared the Draught of an Instruction for the Governors of your Majesty's Anierican Islands, and for the Gov ernors of those Colonies on the Continent of America, which are under your Majesty's iraraediate Govern ment containing directions with respect to the tenure of the Commissioners to be by them Granted to the Chief Judges and Justices of the Courts of Judicature of the said Colonies both which Draughts, We humbly beg leave to lay before your Majesty for your Royal approbation Which is most humbly submitted Sandys Ed: Bacon George Eice Soame Jenyns. [The first mentioned draft foUowing, referring only to Nova Scotia, New Hampshire, New York, Virginia, North Carolina, South CaroUna and Georgia: and then the second which includes New Jersey.] Draught of an Instruction for the Governors of Nova Scotia New Hampshire New York, New Jersey Virginia North Carolina South CaroUna Georgia Bar badoes Leeward Islands Bermuda Bahama and Ja maica relative to the Tenure of the Commissions to be by them granted to the Judges & other Oflficers and Ministers of Justice in the said Colonies Whereas laws have been lately pass'd or attempted to be passed in several of Our Colonies in America en acting that the Judges of the several Courts of Judica ture or other chief ofificers of Justice in the said Colo nies shall hold their offices during good Behaviour And whereas the Governors or other chief Ofiicers of several other of Oiir said Colonies have granted Com missions to the Judges or other chief Ofificers of Jus tice by which they have been impowered to hold their said Offices during good Behaviour contrary to the express Directions of the Instructions given to the said 1761] ADMINISTRATION OF GOVERNOR HARDY. 333 Governors or other chief Officers by Us or by Our Eoyal Predecessors And whereas it does not appear to Us that in the present situation and Circumstances of Our said Colonies it would be either for the interest or advantage of the said Colonies or of this Our Kingdom of Great Britain that the Judges or other Chief Officers of Justice should hold their Offices during good Be haviour It is therefore Our express WiU and Pleasure that you do not upon any pretence whatever upon pain of being removed from your Government give your Assent to any Act by which the tenure of the Commissions to be granted to the Chief Judges or other Justices of the several Courts of Judicature shaU be regulated or ascertained in any manner whatever And you are to take particular care in aU Commissions to be by you granted to the said Chief Judges or other Justices of the Courts of Judicature that the said Commissions are granted during Pleasure only, agree able to what has been the ancient Practice and usage in. our said Colonies and Plantations.' ' Id the above instructions the doctrine is boldly laid down more clearly than ever before by an English ministry, that the Americans were not entitled to the same rights and privileges as their fellow-subjects residing in Great Britain. Four years later the Stamp Act was passed, on the same principle, and then the Ameri cans were aroused to the Importance of this idea, as involving all their rights as subjects of the British Crown. The second principle referred to in this document— the independence of the judiciary — attracted little attention at a time when the country was profoundly interested in the French war, but when, soon after, justice was prostituted by the appointees of the Crown, in the administration of the admiralty courts, and in the enforcement of other obnoxious legislation by ParUa ment {Marshall's Life of V/ashington, II., 73; Works of John Adams. HI., 466), the colonies awoke to the fact that their liberties were being insiduously attacked in a new and vital spot. The immediate occasion of the dispatch of December 3, 1761, was the enactment of a law by the New York legislature to make the commissions of judges hold during good behavior. The Pennsylvania Assembly had enacted such a law in f'eptember, 1759, which had received the assent of the Lieutenant- Glovemor, by advice of his coMucH.-Minutes Provincial Council of Pennsylvania, CoUmial Records VHI., 398-403. It was disaUowed by the king in Council, Septem- , her 2, 1760, on these grounds: 1, Under the charter ot Pennsylvania the appoint ment of judges was vested in the Proprietaries, and their appointments had been as good as the colony eould afford; 3, "It would excite the jealousy of the other colonies, which would demand the same advantage; " 3, It would prevent the incompetent judges from being replaced by better men as the latter came into the province; 4, "It was not expedient for the interest of either the mother coimtry or 334 ADMIN ISTRAllON OF GOVERNOR HARDY. [1761 Order in Council directing Instructions to be sub mitted for the King's signature in relation to Granting Lands and Judges' Commissions. [From America and West Indies, Vol. 105.] ( At the Couet at Sf James's the S'f DAY OF December 1761 Present The King's Most Excellent Majesty in Council Upon reading at the Board, a Report from the Lords Commiss''^ for Trade and Plantations dated the 2i of this Instant, together with two Draughts of Instruc tions prepared by them, The one for the Governors of such of His Majesties Colonies upon the Continent of North America, as are under His Majesties immediate Government, and where the Property of the SoU is in His Majesty, forbidding them to pass Grants of, or en courage Settlements upon any Lands within the said Colonies, which may interfere with the Indians bor dering thereon: And the other for the Governors of the colonies, that judges in the plantations should hold their places quamdiu se benegesserint."—Ib., 543-4, 558. The instructions to the royal Govemors of New York and New Jersey, from 1686 down to 1761 contained this provision; "You shall not displace any of the judges * • * without good and sufdcient cause signified unto us & to our committee of plantations. And to prevent arbitrary removals of judges * * * You are not to express any limitation of time in y« commissions." —N. Y. Col. Docs., HI., 371 , 687, 830; V., 180, etc. ; N. J. Archives, H., 518, etc. ; Leam ing and Spicer, 630. In 1733 Governor Cosby took it for granted that judges could not be displaced except for cause.— AT Y. Col. Does., V., 949. A remarkable instance of the recognition of this principle is the case of Chief -Justice Robert Hunter Mor ris, of New Jersey, so copiously referred to the correspondence in this volume regarding his claims to that office. He resigned: his resignation was not accepted formally, but a successor, William Aynsley, was appointed, who discharged the duties of the offlce from March, 1768, until his death in the July ensuing, when another successor was appointed. Then the Chief -Justice concluded, that as his resignation had not been accepted. It was his duty, as it happened also to be his 1761] ADMINISTRATION OF GOVERNOR HARDT. 335 His Majestys American Islands, and for the Governors of those Colonies on the Continent of America which are under His Majestys immediate Goveroment, con taining Directions with respect to the Tenures of the Commissions to be by them granted to the Chief Judges and Justices of the Courts of Judicature in the said Colonies His Majesty this day took the said Draughts of Instructions into Consideration, and was pleased with the Advice of His Privy CouncU to Ap prove thereof, And to Order, as it is hereby ordered, That the Right Honourable the Earl of Egremont, One of His Majestys Prmcipal Secretarys of State, do cause Instructions to be prepared agreable to the said Draughts (which are hereunto annexed) for the Gov ernors or Commanders in Chief of His Majestys Colo nies on the Continent of North America, and also for the Governors or Commanders in Chief of His Maj- pleasure, to resume his seat upon the bench, and the other judges decided that he had a right to do so, inas.nuch as his commission was during good behavior. Writ ing in 1756, WUliam Smith, the historian of New Tork, himself Chief -Justice of the province for many years, and the son of a Supreme Court judge, said the connnis- sions of the judges of that court " were formerly during pleasure, but of late gua-mdiu se bene gesserint."— Smith's Hist. New York, London Ed., 1776, p. 330. There appears to have been some question, however, as to their terms, and in the early part of 1761 the New Tork Legislature passed an act "to provide that the judges of the Supreme Court shall have their commissions during good behavior, ' ' but Lieutenant-Governor Colden thought it well "to have the judges removable on the kmg's pleasure, ' ' and succeeded in preventing the passage of the biU. In May fol - lowing the legislature again passed the biU, and the Governor staved it off for a time with the objection that it contained no provision for fixed salaries, but left the judges dependent from year to year on the wUl of the Assembly. He admitted that itwas "a popular biU," and finaUy assented to it with reluctance. The instruc tions above given deterred the Assembly from any further efforts in the same direc - Hon, hut that body resolutely refused to grant any salaries to the judges unless their commissions were issued during good behavior. — Journals Legislative Council of New York, 1691-1775, pp. 1435-7, 1443-51; N. Y. Col. Docs., VH., 468, 470, 484. When the Stamp Act was passed, in 1765, the Americans soon perceived that they would necessarily be dependent for the judicial interpretation and enforcement of obnox ious laws of ParUament on judges holding office at the pleasure of the king, or durante beneplacito, instead of durante se benegesserint, as was the law of Eng land. Here both the practical workings of this system of commissioning and the invidious distmction made between the Americans and their feUow British subjects in England were perceived, and thoughtful men soon saw the Importance of having a judiciary with fixed terms and fixed salaries.- Wbrfcs of John Adams, IV., 186. In that remarkable paper, "The American Claim of Rights," by WiUiam Henry Drayton, of South Carolina, dated August 10, 1774, one of the grievances set forth ( \ » \ \ s 326 ADMINISTRATION OF GOVERNOR HARCY. [l76l estys American Islands, and of those Colonies on the Continent of America which are under His Majestys immediate Government, and lay the same before His Majesty for His Royal Signature. Hen Fane Draught of an Instruction for the Governors of Nova Scotia, New Hampshire, New York, [New Jersey,] Yirginia, North Carohna, South Carolina, and Georgia, forbidding them to grant Lands or make Settlements which may interfere with the Indians bordering on those Colonys Whereas the Peace and Security of Our Colonys & Plantations upon the Continent of North America, does greatly depend upon the Amity & AlUance of the several Nations, or Tribes of Indians bordering upon the said Colonys, and upon a just and faithfuU Obser vance of those Treatys and Compacts which have been heretofore Solemnly entered into with the said Indians, by Our Royal Predecessors, Kings and Queens of this Realm. And whereas notwithstanding the Repeated Instructions which have been from time to time given by Our late Royal Granfather, to the Gov- is that " judges hold their seats at the will of the Crown, a tenure dangerous to the Uberty of the subject, and therefore justly abolished in England," and therefore he claimed: "That equaUy as the people of England are interested in the inde pendence of their judges, so are we interested in the independence of our judges; and upon principles of common and impartial justice, claim that their commissions should nm quamdiu se benegesserint." — Gibbes' Doc. Hist. South Carolina, 1764-76, pp. 15, 17. The Declaration of Independence two years later set out as one of the just causes of complaint of the Americans against their king: "He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries." When the convention of 1787 met to frame a federal Constitution, the flrst business submitted was the plan of Edmund Randolph, which included a clause that the federal judges should " hold their offices during good behavior, and receive a fixed compensation." Mr. Paterson and Mr. HamUton in their plans suggested a like provision and it was incorporated in the Constitution unanimously.— Jo«™a( of the Federal Convention, 69, 135, 131, 137, 188.— [W. N.] 1761] ADMINISTRATION OF GOVERNOR HARDY. 337 emors of Our several Colonys upon this head, the said Indians have raade and do stiU continue to make great Complaints, that Settlements have been made & Pos session taken of Lands the Property of which, they have by Treatys Reserv'd to themselves, by Persons claiming the said Lands, under Pretence of Deeds of Sale and conveyance, illegally, fraudelently and sur reptitiously obtained of the said Indians, And whereas it has Ukewise been represented Unto Us, that some of Our Governors, or other Chief Ofiicers of Our said Colonys, regardless of the duty they Owe to Us, and of the Welfare and Security of Our Colonys, have countenanced said unjust Claims and Pretensions by passing Grants of the Lands so pretended to have been purchased of the Indians, We therefore taking this matter into Our Royal Consideration, As also the fatal Effects, which would attend a Discontent amongst the Indians in the present Situation of Affairs, and being determined upon aU Occasions to support and protect the said Indians in their just Rights and Pos sessions, and to keep inviolable the Treatys and Com pacts which have been entered into with them, Do hereby strictly enjoin & Command, that neither your self nor any Lieutenant Govr, President of the Council or Commander in Chief of Our said of ' do upon any pretence whatsoever, upon pain of Our highest displeasure and of being forthwith removed from Your or his Office, pass any Grant or Grants to any Persons whatever, of any Land within or adjacent to the Territorys possessed or Occupied by the said Indians, or the Property or Possession of which has at any time been reserved to or claim'd by them : And it is Our further WiU and Pleasure, that you do publish a Proclamation in Our Name strictly enjoining and requiring aU Persons whatever who may either wiU- * Colony or Province of . — Ed. 338 ADMINISTRATION OF GOVERNOR HARDY. [1761 fuUy or inadvertantly have seated themselves upon any Lands so reserved to, or claimed by the said Indians, without any lawfuU Authority for so doing, forthwdth to remove therefrora. And in case you shall Und upon Strict enquiry to be made for that pur pose, that any Person or Persons do claim to hold or possess any Lands within Our said ' upon pretence of Purchases made of the said Indians, without a proper Licence first had & obtained, either from us or any of Our Royal Predecessors, or any Persons Acting under Our or their Authority, you are forthwith to cause a Prosecution to be carried on, against such Person or Persons, who shaU have raade such fraudu lent Purchases, to the end that the land may be recover'd by a due Course of Law. And whereas the wholesome Laws which have at different times been passed in several of Our said Colonys, and the Instruc tions which have been given by Our Royal Predeces sors, for restraining Persons from purchasing Lands of the Indians, without a Licence for that purpose, & for regulating the proceedings upon such Purchases, have not been duly observ'd ; It is therefore Our express WiU and Pleasure, that when any AppUcation shaU be made to you, for Licence to purchase Lands of the Indians, you do forbear to grant such Licence; until] you shaU have first transmitted to Us by Our Commissioners for Trade and Plantations, the particu lars of such Application, as well in respect to the Situation, as the Extent of the Lands so proposed to be purchased, and shaU have receiv'd Our further Directions therein. And it is Our further WiU & Pleasure, that you do forthvrith cause these Our In structions to you, to be made pubUck, not only within all parts of Our said ' Inhabited by Our Subjects, but also amongst the several Tribes of Indians, living ' Colony or Province. 1761] ADMINISTRATION OF GOVERNOR HARDY. 329 within the same, to the end that Our Royal WiU and Pleasure in the Premises may be known, and that the Indians may be apprised of Our Determined Resolu tion to support them, in their just Rights, and invio lably to observe Our Engagements with them. Draught of an Instruction^ for the Governors of Nova Scotia, New Hampshire, New York, New Jersey, Virginia North Carolina South Carolina, Georgia. Barbadoes, Lee ward Islands Bermuda, Bahama and Ja maica relative to the Tenure of the Com missions to be by them granted to the Judges and other Officers and JVlinisters of Justice in the said Colonies. Whereas Laws have been lately passed or attempted to be passed in several of our Colonies in America, enacting that the Judges of the several Courts of Judi cature or other Chief Officers of Justice in the said Colonies shall hold their Offices during good behaviour; and whereas the Governors or other Chief Officers of several others of our said Colonies have granted Com missions to the Judges or other Chief Officers of Jus tice by which they have been impowered to hold their said Offices during good Behaviour contrary to the express directions of the Instructions given to the said Governors or other Chief Officers by us or by our Royal Predecessors; And whereas it does not appear to us that in the present situation and Circumstances of our said Colonies it would be either for the interest and advantage of the said Colonies or of this Our Kingdom of Great Britain that the Judges or other ' Transmitted to the several Govemors under date of December mh, 1761.— En. 330 ADMINISTRATION OF GOVERNOR HARDY. [1761 Chief Officers of Justice should hold their Ofiices dur ing good Behaviour. It is therefore our express wiU and pleasure that you do not upon any pretence what ever, upon pain of being removed from your Govern ment give your Assent to any Act by which the Ten ure of the Commissions to be granted to the Chief Judges or other Justices of the several Courts of Judi cature shall be regulated or ascertained in any manner whatsoever. And you are to take particular care in all Commissions to be by you granted to the said Chief Judges or other Justices of the Courts of Judicature that the said Commissions are granted during Pleasure only, agreea.ble to what has been the Ancient Practice and Usage in our said Colonies and Plantations — Letter from the Secretary of State {Earl of Egremont) to the Governors of the North American Planta tions. [From New York Colonial Documents, Vol. VH, p. 483.] Whitehall Dec^ 12. 1761. [This circular, after setting forth the impracticabihty of recruiting the Regular Regiments in North America, from Great Britain, urges the Governors of the several provinces ' 'to carry into the most speedy and Effectual Execution this Very important object " and concludes as follows:] ' 'I have also in Command from the King to acquaint you, that tho' the present Situation of Affairs, would have fuUy justified, the having required of the Prov inces, as large a number of Men as they ever have raised for any of the former Campaigns, instead of the quota, which was demanded the last year; yet, His 1761] ADMlNISiTRATlON OF GOVERNOR HARDY. 331 Maj''' considering the high importance of the Service, which makes the subject of this letter, and being de sirous to Ease the burthens of his faithful Subjects, as far as shaU be consistent with their own Safety, has been pleased to require only the same number of Men, as for the last year, in order thereby to facilitate a measure, so essential as the corapleating the Regular Regiments, by Recruits to be furnished from the Prov inces in N° America; and the King is persuaded that the said Provinces, duly sensible of His Maj"" tender and paternal care for their welfare, wUl in return, readily, and chearfuUy comply with the orders now sent you. I am ettc. Egremont. Representation from the Lords of Trade to the King, recommending the disapproved of two Acts passed in New Jersey in April, 1761. [From P. R. O. B. T. New Jersey, Vol. 17, p. 132.] Whitehall Dec 22; 1761 'J To the King's most Excellent ]\Iajesty May it please your Majesty We have had under Our Consideration two Acts passed in Your Majesty's Colony of New Jersey in April 1761, and We humbly beg leave to lay the said Acts before Your Majesty together with such Obser vations as have occurred to Us upon them. The first of these Acts is Entituled, An Act for ob viating doubts respecting the Acts of Assembly past last Session and for confirming the proceedings of the Courts of Justice in this Province since the demise of His late Majesty. 333 ADMINISTRATION OF GOVERNOR HARDY. [1761 As this Act is of a New & extraordinary nature and materiaUy affects Your Majesty's Royal Prerogative, it ought not to have been passed, without a Clause suspending and deferring it's execution, untU Your Majesty's Pleasure should have been known; This however is a defect arising entirely, frora the inatten tion of Your Majesty's Governor, and does not in Our humble Opinion Affect the Merits of the Act itself; and We mention it only to point Out to your Majesty, the Utte regard shewn by the Governors in General, of your Majesty's American Colony, to those Instructions which respect their Conduct in the pass""^ of Laws. The Objections, upon which We shaU humbly pro pose that this Act may be repealed, have reference to the particular Provisions of it, which apply themselves to three distinct Objects; P.' To establisli & confirm all Acts done by the Leg islature and by the Courts of Justice, between the decease of His late Majesty & the Proclamation of your Majesty in that Colony. 2'*.''' To continue the Session of the General Assembly which shaU have been caUed and met at any future demise of the Crown, for Six Months after the procla mation of the Successor. 3? To declare, that no Court or Office of Justice shaU be dissolved or discontinued, until the Expiration of Six Months, after any future demise of the Crown. Upon a full Consideration of these several Pro visions they appear to Us both unnecessary & inex pedient for the following Reasons; p.' because no doubt has ever arisen in any event of the nature of that referred to, nor can any doubt ever arise with any Shadow of reason to the validity of Acts done in the Name of the deceased Prince, before such decease could have been known, or legaUy pro- raulged. 2? Because the Reasons which gave rise to the Act of Parliaraent for continuing the sitting of Parharaent 1761] ADMINISTRATION OF GOVERNOR HARDY. 333 here for Six Months after the demise of the Crown do not extend in any, or at least a very smaU degree to the British Colonys 3* Because the Act of the first of Queen Anne for the support of the Dignity of the Crown, and for other purposes (which Act is declared to extend to America) has already sufficiently provided for the Case, to which the third Section of this Act extends, and as the Clause is worded, it may operate or at least may be construed to operate, to take away from your Majesty and your your Eoyal Successors, the just, legal and Constitu tional Power of Removing during the said Six Months the Judges or other Officers of the Courts of Justice in this Colony, or suspending any Commission of Assize, Oyer and Terminer, general Goal delivery or of Assosiation, Writ of admittance. Writ of Si non omnes, Writ of Assistance or Commission of the Peace, which is expressly contrary to the Tenor of the said Act of ParUament of the first of Queen Ann. The Second of these Acts is Intituled An Actfor the Relief of Francis Goelet. As this Act is in the nature of a Bankruptcy Act, with respect to the Single Case of one particular per son, it appears to Us to be of an Unusual and extra ordinary nature, and therefore the same Objection Occurs upon it which We made upon the other Act, in respect to the Governor's Conduct, in passing it without a Clause suspending its execution untili your Majesty's pleasure should have been known : But as it is also an Act materially affecting private property, the want of a suspending Clause is not an Objection merely affecting the Conduct of your Majesty's Gov ernor ; for We humbly apprehend, that this Clause was directed to be inserted in all Acts of this Nature, with a View to secure to the Subject a right of appeal to the Crown, in what ever might affect his private property, and that it is therefore a necessary quaUfica- 334 ADMINISTRATION OF GOVERNOR HARDY. [1761 tion, essential to the Legal & Constitutional VaUdity of the Act itself. Independent however of this Objection, there are others which have occurred to Us, in respect to the particular Provisions of the Act, which it is Our duty hurably to subrait to your Majesty. The Object of this Act is to discharge the Debts of Francis Goelet (the Person named in the Title) by vesting his Estate and Effects in the hands of Trus tees, to be named by the Consent of his Creditors and therefore both reason & Justice require, that such of His Creditors as may reside here in England, or in any other of the Colonys, or elsewhere, should have due * * * notice of this Act The necessity & propriety of this is indeed admitted in the second Section of the Act itself ; But as it is left intirely to the discretion of the Trustees, to give No tice to the Foreign Creditors, in such manner as they shall think proper, and no Penalty is inflicted, in case they do not give notice. We humbly apprehend this Provision is altogether nugatory and ineffectual, and this is not the only instance, in which this Act ap pears to us to be defective and improper, for it Enacts, that if Francis Goelet shaU appear to have secreted any part of his Estate & Effects, he shall not be en titled to the benefit of the Act, which is in Our Opinion a Punishment much too light and trivial, for an Of fence which the Wisdom of the Legislature here, has in all Cases of this Kind enacted to be felony. Upon the whole We humbly beg leave to propose, that both the Acts aforementioned, may receive Your Majesty's Royal Disapprobation.' All Which is most humbly submitted. Sandys Soame Jenyns Edmond Thomas Ed. Bacon ' The acts were repealed Jauuary 14, 1763. See Analytical Index, p. 365.- Ed. 1762] ADMINISTRATION OF GOVERNOR HARDY. 335 Order in Council for removing Edward Antill from his seat in the Council of New Jersey, and for appointing John Stevens a Councillor in his room. [From P. R. O., America and West Indies, Vol. 150.] At the Court at S?^ James's the 2? DAY OF January 1762 H Present The Kings ]!^ost Excellent IVEajesty in Council. Whereas there was this day read at the Board a Eepresentation from the Lords Commissioners for Trade and Plantations dated the 221 of last Month, Settmg forth. That Edward AntUl Esq^ One of His Majestys CouncU in the Province of New Jersey, hav ing during the whole Course of the Administration of Thomas Boone Esq^ late Governor of that Province refused to attend his Duty in the said Council tho' repeatedly Sumraoned, and the said Governor having in Obedience to the Directions of his Instructions sus pended hira from his seat in the said Council for such his Non Attendance, the said Lords Commissioners propose that the Suspension of the said Edward AntiU may be confirmed, and that John Stevens Esq." who ' John Stevens was bom at Perth Amboy, N. J., about 1715-17, being the son of John Stevens, who had emigrated in 1699 from Middlesex county, England, to New York, where he studied law, removing in 1714 to Perth Amboy, where he married the old est daughter of John Campbell, a prominent citizen of that town, and died in 1787. The younger John Stevens, with his brother Campbell, carried on a mercantile business, principaUy with the West Indies and Madeira Islands, and for six years sailed in command of his own vessels. In 1761 he retired from active mercantile life, devoting himself principally to the management of his extensive landed estates aud copper mmes at Rocky Hill. In 1751 he was a member of the General Assembly which met at Perth Amboy, and during the next ten years took a leading part in that body. In 1755 he was one of the committee empowered to build a chain 336 ADMINISTRATION OF GOVERNOR HARDY. [1763 has been recommended to them as weU qualified to serve His Majesty in that Station may be appointed of the said Council in the room of M' AntiU"— His Majesty taking the same into Consideration was pleased with the Advice of His Privy Council to ratify and confirm the said Suspension, and to Order as it is hereby Ordered that the said Edward Antill be removed from his Seat in the Council of the said Province, and that the said John Stevens Esq^ be constituted and appointed of block forts to protect the New Jersey frontiers agamst the incursions of the In - dians, and three years later was on the commission which negotiated a lasting peace with the Indians. From 1756 to 1760 he acted as paymaster of the " Jersey Blues," in the French War. In April, 1753, he took a town house in New York, and in 1761 purchased No. 7 Broadway, then the most fashionable neighborhood in the city, which he occupied for the ensuing ten years. Hewas one of the most prominent opposers in New York City of the obnoxious stamp act in 1765. In 1771 he built in Lebanon VaUey, Hunterdon county, N. J., a few miles south of the present Lebanon station on the Central railroad, a large and elegant residence, known as the Stevens mansion which he made his home for nearly the rest of his days. He was one of the commissioners to adjust the northern boundary in 1774. In June, 1776, he resigned his seat in the Council, and was chosen to represent Hunterdon county in the Provincial Congress which met in August, 1776. He was unanimously elected Vice-President, and was continued in that position for six years, when he was sent to Congress. He was President of the Convention of 1787, which ratified the Federal Constitution, and this appropriately closed his long and notable political career. He was a zealous EpiscopaUan, for many years a vestryman and warden of St.Feter's Church at Perth Amboy, a liberal contributor to other churches, and was a delegate to the convention whioh met at New Brunswick May 13-14, 1744, to form a union of the Episcopal churches of America. His latter days were spent with his son. Col onel John Stevens, at Hoboken, where he died in May , 1793, and was buried at the Frame Meeting House, in Bethlehem township, Hunterdon county which he had con tributed largely to build. He married, in 1748, EUzabeth, second daughter of James Alexander and sister of Lord Stirling. She survived him eight years. They had two children— John, and Mary, wife ot Chancellor Livingston of New Yor'k.-Sketch of John Stevens, by Richard F. Stevens, in the N. Y. Gen. and Biog. Becord, Oct ober, 1884, pp. 145-150.— [W. N.] 2 Edward Antill was a prominent merchant in ISTew York City in the seventeenth century. He was present at the trial of Phillip Carteret. Govemor of East Jersey, before Governor Andros, of New York, in June, 1678, for alleged riot, and was justly indignant at that travesty on justice.— iV. Y. Col. Docts., III., 315. In 1683 he was appointed with such eminent citizens as Anthony BrockhoUs, Matthias NicoUs and Stephen Van Courtlandt, to inspect and catalogue the papers in the New York Secretary's omce.— Calendar N. Y. Hist. MSS , II.. 153. In 1686 he bought a tract of eighty acres on Staten Island, which he sold in 1694.-76., 143, 343; Calendar Land Papers, 43. In 1686, being in the Jamaica and New Foundland trade, it was alleged that Governor Dongan, of New York, was improperly associated with him in his business, which, however, the Governor denied. — N. Y. Col. Docs. III., 407-8, 493. Besides dealing in the legitimate objects of trade with the West Indies he appears to have occasionally (as in 1699 and 1709) picked up an Indian woman or boy, to sell into slavery, for which he sometimes got into trouble.— CaZ. N. Y. Hist. MSS., II. , 1762] ADMINISTRATION OF GOVERNOR HARDY. 337 a Member of His Majestys said CouncU in the Province of New Jersey in the room of the said Edward Antill Aud the Right Honourable the Earl of Egremont One of His Majestys Principal Secretarys of State is to cause the usual Warrant to be prepared for His Maj estys Royal Signature accordingly. W. Blair. Letter from {Captain ?) George Otter to Lewis John ston of Perth Amboy, inquiring about the owner ship of the island ' ' on the right-hand side betwixt Burlington and Bristol," its size, etc., with a view to securing it for himself— Sir Jeffrey Amherst had acquitted himself with great honor. — Reported that Parliament would tax their good subjects in America. [From the Whitehead Manuscripts.] London 6"" January 1Y62 Sir I must now beg leave to trouble- you with great Secret Business of my own and shaU be very much obliged to you for your two Letters by the two first ships either from Philadelphia or New York. When 268, 379. Siding with his friends BrockhoUs and Bayard, in the Revolution ot 1688, he was obUged to flee from the city to escape arrest at the hands of the overzealous Jacob Leisler, and one of his vessels was robbed of four guns by the Leisler Gov ernment.— Ib., 300; N. Y. Doc. Hist., II., 41. In his will, made June 10, 1704, proved April 7, 1725, he leaves half his land lying to the north of Hudson Eiver to his wife' Sarah, and the other half to his six children— WUUam, Charles, Anna, Edward, Eliz. abeth and George. He also gives his wife all his interest in a certain proprietyship formerly purchased of David Toshack, " Laird of Minnevarre." (This individual's identity puzzled the late Mr. Whitehead not a little.— East Jersey under the Propri etors, 1st ed., p. 137: 3d ed.. 170. He is also spoken of as Moneybaird, or Monyweard, " Partner with James, Earl of Perth, and Sir George McKensie, of Tarbutt, and Proxy for them."— Jf. J. Archives, I., 460.) The wiU is witnessed by William Vesey, 338 ADMINISTRATION OF GOVERNOR HARDY. [1762 either of your Sons go to BurUngton enquire the name of that Island that lies on the Right hand side betwixt that place and Bristol, likewise what number of acres it contains; to do w'ch I would recommend it to be walked over with Mess" Kinsay and HolUngshead, or with any other of your acquaintance, those that I have mentioned are very good Tempered men and wUl readily answer any questions asked them. Likewise its Length & Bredth and how it bears, I think North & South. As likewise its distance from BurUngton and the same fiom Bristol. There is a House and Barns upon it, who built it and the man's Christ" & Sir Name that Lives in it.. I do know that Bartington claims it, but have been oft told when I was there that they had no right to it. I would desire your Son to ask those Gents with others of your acquaintance but in such a manner as not to give the least suspicion that any Body is about it for fear of giving the alarm the w'ch might cause an agent to be eraployed against Rector of Trinity Church, B. Cosens, alawyer, and WilUam Sharpas.— JV. Y. 'Wills, Lib. 10, F. 314. ^ ^-. the son of the New York, merchant, was bom in 1699 or 1700, and perhaps came into the possession of the " Laird of Minnevarre's " broad acres at Raritan landing in Middlesex county, where he spent most of his life. Mr. Whitehead refers to him as "an oddity," and relates an incident to the effect that he once regretted to his wife that the women of the day spent so much time in idleness or profitless pursuits, instead of " abiding in the fields with their maidens," gathering flax or grain. The next morning on coming down to breakfast Mr. Antill found the house deserted, and no signs of the matutinal repast. His wife had taken him at his word, and was out in the fields with her handmaidens, pulUng flax. — Whitehead's Perth Amboy, Vl^. This is only an instance of the serious, earnest view Mr. Antill took of life. In 1754 he gave £1,800 towards founding Columbia College, in the interest of the Episcopal Cliurch.— J?4si. of New York during the Eevolution, by Thoinas Jones. I., 10. He was one of the warmest friends of Christ Church, at New Brunswick, and in 1759 was one of the trustees of a lottery for the beneflt of that church.— 76., 323. When the Rev. Robert McKean, missionary at New Brunswick, removed in 1763 to Perth Amboy,he reported to the Society (in England)f or Propagating the Gospel in Foreign Parts, that " the Hon. Edward Antill, Esq., a mau of most exemplary Ufe, and singular piety, has undertaken to read prayers and a sermon every two Sundays at Brunswick, and every other two at Piscataqua, till the arrival of a missionary," and the Society voted him their thanks "for his pious labors." — Record of Christ Church, New Brunswick, N. J., bythe Rev. Alfred Stubbs, Rector, 1850, pp. 9, 26. He was a member of the General Assembly which met at Perth Amboy, October 27, 1762] ADMINISTRATION OF GOVERNOR HARDY. 339 me— I was going to petition for ten thousand acres of land Mand St John, but was too late. Am told a number of Gents have got Forty thousand acres there under my Lord Egmont the whole given to that Noble Lord. « * * I am Sir &c Geo. Otter. P. S. You wUl expect some news concerning Sir Jeffrey Amherst. Lee wrote a Pamphlet Other matter or stuff appeared in the Papers neither of w'ch had the least weight. I am told that he acquitted himself with great honor and is consulted in aU American matters, its Reported the Parliament wiU Tax their good Subjects in America. 1738, in which body he voted to sustain Governor Lewis Morris, who not unnaturally recommended him in 1740 for a seat in the CouncU. " He is a man of good Estate & Sence, and if admitted to that board, I hope and believe wiU prove anusefuU and deservingmemberof it." Hewas appointed May 39, 1741, to make a quorum of the CoimcU, and the appointment was conflrmed in 174B.—N. J. Archives, VI., 110, S33, 237; Papers of Lewis Morris, 33, 37, 138, 319, 320, 383. He was reappointed in 1746, as a member of Govemor Belcher's Council.— jlrcAJws, VIL, 6. "Mr. AntiU died iugust 15, 1770, in the 71st year of his age, and was buried near the southeast comer of Christ Church, New Brunswick. There is a large and handsome marble font in the church, on which is Inscribed : 'The gift of John Antill, Esq. , as a token ofhis affection to his native place.' The tradition in the family, however, was, that this font was presented by his father, the Hon. Edward Antill, as a votive offering, in consequence of deliverence from imminent danger."— Becord o/ Christ Church, 26. Mr. AntUl left three sons— Edward, John and Lewis. The latter two, with Margaret AntiU and others, had a survey of 30,000 acres retumed to them in 1770 by New York, of lands subsequently declared to be in Vermont, and in 1774 ' John secured 3,000 acres in westem New York, which he sold in 1776 to Robert L. Hooper, perhaps to avoid coniiscation.— CaZ. Land Papers, 504-5, 068-0. Lewis is said to have served in the American army during the Revolution, and lost his life at Brandywine.- Becord Christ Church, 26. Was he not the Dr. Lewis Antle who visited Judge John Field when the latter was a prisoner of the British in New York inim i—Onderdonk's Suffolk Co., 319. Edward had been in Canada ten years when the Revolution began, and being in Quebec in the FaU of 1775, when that city was besieged by the American troops, he refused to respond to the caU of the governor of the city to take up arms in its de fence, and was sent out to the American Unes, and gladly assigned to duty at onoe as chief engineer of the army, by General Montgomery. He was witli that gallant offlcer when he feU, and was dispatched by General Wooster to relate the particu lars to General Schuyler and the Continental Congress. He was commissioned LieutenantrColonel of Colonel Hazen's regiment, and in May, 1776, was assigned by General Amold to duty as Adjutant-General of the American army in Canada. In the foUowing December he was sent on a recmiting tour through New Jersey and the Southem States, witb the approbation of General Washmgton, and Congress 340 ADMINISTRATION OF GOVERNOR BOONE, [1763 Commission of Richard Saltar as Third Justice of the Supreme Court of New Jersey. [From Book AAA of Commissions, Secretary of State's Ofdce, Trenton, fol. 383.] George the Third by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. To Richard Saltar Esq. Greeting, We Reposing Especial Trust and Confidence in your Integrity Learn ing and AbiUty have assigned Constituted and Ap pointed, And We do by these Presents Assign Consti tute and Appoint you the said Richard Saltar to be third Justice of our Supreme Court of Judicature for our Province of Nova Ceesarea or New Jersey, Giving and hereby Granting unto you the said Richard Saltar fuU Power and Authority to hear Try and Determine aU Pleas whatsoever CivU Crirainal and Mixed accord ing to the Laws Statutes and Customs of that part of our Kingdom of Great Britain caUed England and of our said province of New Jersey and Execution of all Judgments of the said Court to Award, and to make such Rules and Orders for the Beneflt of the said prov ince as may be found Convenient and Useful as near voted him $3,000 for his expenses. — Force's American Archives, 4th series, IV., 189, 669; VI., 591, 1106; 5th series, I., 654; HI., 843, 1507, 1697, 1604, 1618. John AntiU joined the British, and became a Major in the New Jersey Volunteers. On one oc casion Edward was taken prisoner, and was confined on a prison ship. HappUy for him, John was sent to examine the prisoners, and the flrst person he saw was his own brother, whose release he soon affected.— IS., 86. In 1780 John was dis missed the service for embezzlement, but four months later was restored to the coramand of his battalion.— Jones's Hist. N. Y., H., 29. At the close of the war John was obliged to go to Canada, where he was living in 179S.— Sabine's Loyalists n., 473; Eager' s Orange County, 346. He married (1773) Margaret, daughter of Alexander Colden, son of Lieutenant-Governor Cadwallader Colden, and after her death married her sister Jsme.-Eager's Orange County, 346; N. Y. Gen. and Biog. Becord, October, 1875, pp. 171-3. A daughter of Edward AntUl, the CounciUor, mar ried the Rev. Robert McKean, which possibly accounts for the warmth of that reverend gentleman's eulogy of his father-in-law, quoted above, although she is said to have been a ' ' young lady of very gay and independent spirit, not calculated to enhance the domestic happiness of the m.issioioa,Ty."— Whitehead's Perth Amboy, 237. Mr. McKean died in 1767, and in 1773 (March 1) she was maj-ried again to McNeil. Mrs. AntiU was stUl living at this time.— Co!. N. Y. Hist. MSS., II., 805,— [W. N.] 1762] ADMINISTRATION OF GOVERNOR HARDY. 341 as may be Agreeable to the Rules and Orders of our Court of Kings Bench Common Pleas and Exchequer in that part of our Kingdom of Great Britain CaUed England To Have Hold Exercise and Enjoy the said OfSce or place of third Justice of our Supreme Court for our said Province with all and Singular the profits priviledges Sallerys Fees and Perquisites to the said Place belonging unto you the said Richard Saltar according to the Laws Statutes and Customs of that part of our Kingdom of Great Britain caUed England In Testimony whereof we have Caused these our Letters to be made Patent and the Great Seal of our said Province to be hereunto Affixed Witness our trusty and weU beloved Josiah Hardy Esq. our Cap tain General and Governor in Chief in and over our Province of Nova Ceesarea or New Jersey and Terri tories thereon depending in America ChanceUor and Vice Admiral in the same at our City of Perth Amboy the fifteenth Day of December in the Second Year of Our Reign Anno Dom. 1Y61. [Endorsed:] Be It Remembered that on the Sixteenth Day of December 1761, Richard Saltar Esq. took the Oaths & made & subscribed the Declaration appointed by Law and the Oath for his due and impartial Ex ecuting the Oflfice of third Justice of the Supreme Court of the province of New Jersey to which he is Appointed by the within Commission before me Chas. Read by virtue of a Dedimus Potestatem." Great Seal j Provmce V READ. of ( New Jersey | *^j * ' Eichard Saltar was the sou of Richard Saltar, who iu 1687 was already a promi nent and influential personage in Monmouth County, and in 1700 and 1701 was con spicuously active in supporting the popular claims for the supremacy of the NicoUs patent as against the title of the 'Pro^Tietors.- Whitehead's East Jersey, 350, 851_ Eichard Saltar, second, was bom about 1699. In 1746 he was designated as one of those who should give orders for firing the beacon lights on the Navesink High- 34^ ADMINISTRATION OF GOVERNOR HARDY. [i%2 Memorial of Nathaniel Jones to Earl of Hillsborough, Secretary of State, in regard to his difficulties in New Jersey. [From P. R. O. , America and West Indies, No. 293.] To the Eight Honourable the Earl of Hills borough One of His Majesty's Principal Secretarys of State &c. &c. &c. The most respectful Memorial of Nathaniel Jones Esquire of the Middle Temple Barrister at Law. Your Memorialist thinks himself happy on this Occasion of Addressing your Lordship on his hard Case, as his only hopes of Redress, are founded on your Lordships Known Candour, Justice, and Humanity. Your MemoriaUst hurably begs leave to inforra your Lordship that in the year 17.59, he was constituted by his late Majesty, Chief Justice of the Jerseys in North America, and Relinquished his business in the Law in England, to attend the Duty of his Office, and at a vast Expence, repaired to America, in which he was lands, to give warning of the approach of French cruisers. — JV. J. Archives, VH, 374. In 1745 Governor Lewis Morris recommended him for a seat in the CouncU {Papers of Lewis Morris, 320), and in 1748 U'erdinand John Paris pressed him for the same position, to succeed President John Hamilton, deceased. This time he was given the place, greatly to the satisfaction of James Alexander, who regarded him as a " man of good understanding."— JV. J. Archives, VH, 169, 176, 360. In 1763 Judge Charles Read recommended him for Chief-Justice, to succeed Robert Hunter Morris, who contemplated resigning.— JV. J. Archives, VHI, Part I, p. 187. In ten dering his resignation some inonthis later (March 39, 1754), Judge Morris suggested Mr. Saltar as the best man for the succession, being " a man of good understand ing and fortune, a firm friend to tbe government, and wiU act in that station with honor to himselt, and justice to the public."— JV. J. Analytical Index, 304; Provin cial Courts of New Jersey, by Richard S. Field, 1&19, p. 150. Judge Morris' resigna tion was not accepted, but Mr. Saltar was commissioned (May 3, 1754) an Associate Judge of the Supreme Court, as the records show, to succeed Charles Read, l%2] ADMINISTRATION OF GOVERNOR HARDY. 343 unhappUy obliged to break in on the future Dependance of a most Valuable Wife, and her Children, in Order to discharge the Trust reposed in him, with Dignity and Fidelity: That Robert Hunter Morris Esquire, in Open defi ance of the late King, And in Opposition to the then Governor, Francis Bernard Esquire, who entred a pro test in form, against M' Morris's proceedings, as illegal, and Unwarrantable, as he absolutely prevented your MemoriaUst, in Execution of his Ofifice. That through the heavy Expences your Memorialist hath Sustained, his whole Substance is exhausted, and he was constrained to return to England, in Vain to Attempt the Recovery of his lost business in the Law, through his.long absence abroad, which before afforded him a Competent Maintenance, nor has your Memor ialist received any Satisfaction, or Compensation whatsoever, for the above Charges, or the injury he has suffered by this disappointment, which has re duced him to Calamitous Circumstances: That your MeraoriaUst being inforraed of a Vacancy of the Office of Chief Justice of South CaroUna, Most humbly supplicates your Lordship, to consider the premises and your Memorialists perseverance, and FideUty, in his Majestys Service, And that your Lord ship wiU be pleased to Recommend him to his Majesty as an Object Meriting his Royal favour, And that he may be appointed to succeed in the above office now Vacant or have such other relief as in your Lordships benignity, and wisdom shaU seem raost raeet, And Your Memorialist wiU ever pray &c. Nathaniel Jones. resigned.— JV. J. Analytical Index, 306. In issuing new commissions to the Courts lu 1761, Govemor Hardy re-commissioned Judge Saltar. Mr. Saltar "resided for a whUe at Trenton ; also for a while at Allentown. He buUt a large, substantial house at Black Poiut, west of the Navesink river, near the place now called Seabright. He married, June 33, 1731, Hannah, daughter of Elisha Lawrence and Lucy Stout, Ms wife."— TAe Saltar Family, by J. E. Stillwell, M. D., 1883, p. 3. He died tu 1763, whfle stm a member of the CouncU.— JV. J. Analytical Index, 371.— [W. N.] 344 ADMINISTRATION OF GOVERNOR HARDY. [1762 Remonstrance of the Judges to the Earl of Halifax Janry 2;' ITfil. To the Right Hon^"' the Earl of Halifax &c. My Lords. We should not be so importunate with your Lord ships, but the bearer, M"* Jones, is as great an object of your Compassion, as ever was, he tells us, which we believe to be true; that by his Voyage to and frora America, and the great Expence he was at in provid ing necessarys for himself and Servants, suitable to his Station abroad, that he has spent aU his substance, and by his absence so long abroad, he says he has lost aU his Business, which he had here, which though not great afforded him a Competent Maintenance, so that he is now left destitute of any provision: We desire therefore that your Lordship will be so good to recommend him to some of the Offices now Vacant, or that some provision may be made for him, as we think we could not ask it, for one who deserves it so weU: We hope your Lordship wiU not consider this as a Letter of Course; for we are really concerned for this Poor Gentleman; and whatever favour you bestow on hira, we shaU Esteem it an ObUgation lain on My Lord Your Lordships most obedient and most humble Servants J: Willes E: Clive T: Parker W: Noel 1^52] ADMINISTRATION OF GOVERNOR HARDY. 345 Letter from Governor Hardy to the Lords of Trade- had re-appointed Mr. Morris Chief Justice and Messrs. Nevill and Saltar second and third Judges — and referring to a Bill before the Assembly for laying a duty on imported Negroes. [TTi-om P. R. O. B. T., New Jersey, Vol. 9, K. S3.] Perth Amboy Jan? 20V' 1^762 The R' Hon^''' The Lords Commissioners for Trade & Plantations My Lords By the last Packet I received under a blank cover his Majestys Instructions bearing date the 29"" day of September, (Urecting the alteration in the morning & Evemng Prayers in which the Royal Family are prayed for; I have accordingly caused a proclamation to be issued throughout the Province Sc the same is punct uaUy obey'd in all the Parish Churches & other places of Divine Worship. The General Assembly met on the 30"' of NovT and not having much business before them I dismiss'd them the 12"" of last month, after having assented to the BiU for the Support of Government, which they have voted to continue tiU the 21'.' day of May 1T63. Copy of which I shall order the Deputy Secretary to transcribe as also of six other bills pass'd this Sessions aU of which I vsdU send Your Lordships by the first opportunity; the General Assembly now stand pro rogued to the 16" of next month. I found by these minutes that they intended bring ing in a biU to lay a smaU duty on Negroes imported into this Province, but on a message from me acquaint ing them that his Majestys instructions would not aUow my assenting to such a Bill, they dropt it; but at the same time they represented to me the incon- 346 ADMINISTRATION OF GOVERNOR HARDY. [176S venience the Province is exposed to in lying open to the free importation of Negros," when the Provinces on each side have laid duties on them; for which reason great Numbers of NegrOs are landed in this Province every Year in order to be run into New York & Pensylvania besides overstocking this Country with Slaves of which in the general opinion there are aUeady too many. They have therefore desired I would lay this matter before your Lordships, as they look upon it as a great hardship, I could therefore wish Your Lordships would please to take into consideration & intercede with his Majesty to grant thera such relief as in his wisdom he may think fit. I must further acquaint Your Lordships, that soon after my arrival I found there was a total Stop to the Administration of Justice in the Supreem Courts, by the Judges Commissions not having been renewed since the death of his late Majesty, and a Rumour began to be spread that the Judges were not qualify'd to act. I therefore (for fear of any bad consequence, and to quiet the minds of the People who appeard much disatisfy'd) thought it best for his Majestys Ser vice as well as the good of the Province to order the Commissions to be renew'd, in the same raanner as they have hitherto been granted, which is during good behaviour; I raust observe to Your Lordships Ukewise that I found the General Assembly had come to a resolution not to make any provision for the Judges ' In 1754, John Woolman, of Bm-lington coimty, published " Some Considerations on the Keeping of Negroes, " in which he strongly insisted that slaveholding was contrary to Scripture. He thenceforward labored steadfastly among his feUow Friends to do away with slavery, and through his persistent agitation of the sub ject the Philadelphia Yearly Meeting, in 1758, sent out a deUverance on the pro priety of Friends holding slaves. In 1759 they adopted more pronounced opinions on the same subject.— T'Tooimaji's Journal, DubUn, 1794, 90^, 100. Anti-slavery sentiments were thus steadily cultivated among the Friends, and it was doubtless from this movement that the New Jersey Assembly sought to do what the Pennsyl vania Assembly actuaUy did— enact a law providing tor a duty on imported slaves. —Peim. Col. Eecords, VHI., 575-8, 601. The New Jersey Legislature enacted a sim ilar law in 17S9, imposing a duty of £15 on every imported slave sold in the Province. —Allinson's Laios, 315.— [W. N.] 1762] ADMlNISTRATIOlt OF GOVERNOR HARDY. 34'^ in the bill for Suppoi't of Government if they accepted Commissions during pleasure; I therefore hope I shall have his Majesty's & Your Lordships approbation for what I have done. 'I Ukewise found it absolutely nec essary to renew M' Morris's Commission of Chief Jus tice, and I cannot help observing that he is certaiiUy a very proper Person for this Post which ought to be held by a Man of AbiUties & character especially at this time when M'' NeviU the second and M' Saltar the third Judge are both advanced in Years & declining in health which may sometimes render them Incap able of executing their Offices in case of an Accident happening to either of these two Gentlemen which is Ukely to be expected, I should be glad to have Your Lordships directions as tis not in ray opinion for the benefit of the Province to keep these eraployments long vacant however I submit this to Your Lordships wiser determinations & am with great respect My Lords Your most Obedient Humble Servant Josiah Hardy Letter from Governor Hardy to the Earl of Egremont, relating to the Duty on Imported Negroes and Commissions of Government Officers. (Prom P. R. O., America and West Indies, Vol. 173, [190.]), Perth Amboy 22'! Jan?' 1T62. R* Hon*'?^ Earl of Egremont My Lord. By the last Packet I received two letters from M' Pitt dated the 11*" and 28'" Sept^ with the joyfuU news of his Majestys happy maiTiage, and coronation which I immediately coramunicated to the General Asserably of this Province who were then sitting. I likewise 348 ADMINISTRATION OF GOVERNOR HARDY. [l76^ had the honor of Your Lordships letter of the 9*" Octo ber acquainting me that his Majesty had been pleased to appoint you to be secretary of state for the Southern Department I sincerely congratulate Your Lordship on this occasion, and beg leave to recomment the Province of New Jersey to your patronage and protection. The General Assembly in their last Sessions brought in a biU to lay a smaU duty on Negro's imported here, which I stop'd their proceeding in by a message ac quainting them that the 26"' article of his Majestys instructions forbid my giving my assent to such a Bill, whereupon they have desired me to represent to your Lordship the Hardship they think themselves under, as the Provinces on each Side have laid such a duty which which occasions great Numbers of Negi'o's to be every year landed in this Province and are frora hence run into New York and Pensylvania, besides over stocking this Country with Slaves, of which in the general opinion there are already too many ; and pre vent in a great raeasure settling the Colony properly they therefore hurably hope his Majesty wiU be please to take their case into consideration and grant them relief, by giving me orders to assent to a biU for this purpose. I must now acquaint Your Lordship with a difficulty I found my Self under on my arrival in this Province. The time limited for aU Officers under the Government holding their Commissions being expired, the Judges of the Superior Courts look'd on themselves as not legaUy quaUfy'd to act by which means a total Stop was put to the administration of Justice in those Courts, this being represented to me as a very serious matter whicli might be attended with very bad con sequences, and that the minds of the people began to be uneasy, I therefore by the unanimous advice of his Majesty's Couucil haye renew'd the Chief Justice and second and third Judges Commission, in the same 1762] ADMINISTRATION OF GOVERNOR HARDY. 349 manner and to the same Gentlemen who have dis charged these Offices with great reputation and integ rity. I would wiUingly have postponed this affair tiU, I could receive his Majesty's Commands, but, I found the delay must occasion great inconveniences and be attended with consequences that might prove very prejudicial in carrying on his Majesty's Service, and likewise much disturb the pubUck peace; I therefore hope I shaU have the honor to receive his Majesty's approbation of what I have done; and I should be glad to know his Majestys pleasure what I am to do in case a vacancy should happen which may be ex pected from the age and infirmity of the Second and third Judges. I am with the greatest respect My Lord Your most obedient Humble Servant JosiAH Hardy Memorandum of Case referred to the Attorney and Solicitor General as to whether Governor Hardy's appointment of Judges during good behavior are vcdid. [From P. R. O. B. T. New Jersey, Vol. 17, p. 131.] Case. Case referred to the Attorney & Solicitor General By His Majesty's Letters Patent bearing date at Westminster the day of 1^61, Josiah Hardy Esq': was appointed to be Captain General & Governor in Chief of Nova Oassarea or New Jersey, and was thereby required to do and execute aU things in due manner that belong unto his said Command and the trust reposed in him, according to the several 350 ADMINISTRATION OF GOVERNOR HARDY. [1763 Powers and directions granted or appointed by his said Commission, Sc the Instructions & Authorities .therewith given him, or by such further Powers, In structions and Authorities as should at any time be granted or appointed him under His Majesty's Signet & sign manual, or by Order of His Majesty in his Privy CouncU, and according to such reasonable Laws & Statutes as were then in force, or should be raade and agreed upon by him with the Advice and Consent of the Council and the Assembly of the said Province under his Government, in such raanner and form as was therein expressed. The said Josiah Hardy was further impowered by the said Letters Patent to erect, constitute and estab lish such and so many Courts of Judicature and pub lick Justice within the said Province under his Gov ernment as he should think fit and necessary for the hearing and determining of aU Causes as weU Criminal as Civil according to Law and equity and for awarding of Execution thereupon, with all reasonable and nec essary Powers, Authorities, Fees & Privileges belong ing thereto; and also to constitute and appoint Judges and in Cases requisite Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary Officers and Ministers in the said Province for the better Administration of Justice, and putting the Laws in Execution. By His Majesty's general Instructions to the said Josiah Hardy Esq^ under His Majesty's Signet and Sign Manual, bearing date the 30"' day of June 1761, which said Instructions are referred to in, and were deUvered witli the above recited Letters Patent, it is directed, that all Commissions to be granted by him the said Josiah Hardy to any Person or Persons to be Judges, Justices of the Peace or other necessary Offi cers should be granted during Pleasure only. Some time after M' Hardy's Arrival in his Govern- 1762] ADMINISTRATION OF GOVERNOR HARDY. 351 ment, he thought fit to appoint Robert Hunter Morris Esq' to be Chief Justice, and two other Gentlemen to be second & third Judges of the supreme Court during their good Behaviour. Q. Are such Appointments of these Judges to be Judges of the Supreme Court during good Behaviour, contrary to the express Directions of His Majesty's In structions to the Governor, legal and valid Appoint ments?' Q. If such Appointments are not legal & Valid, by what Authority and in what manner may they be set aside ? [March 1762] Letter from Mr. Pownall, Secretary of the Lords of Trade, to Sir Matthew Lamb, desiring him to prepare a draft of a Bill for the punishment of murder committed within the Admiralty Jurisdic tion in the Plantations. [From P. R. O. B. T., Plantations General, Vol. 41, Page 179.] Whitehall March 17"' 1762 To Sir Mathew Lamb Bar|^ Sir His Majesty having been pleased by his Order in CouncU of the IP;" instant to direct that the Lords Commissioners for Trade and Plantations do, with the Adtice and Assistance of His Majesty's Advocate At torney & SoUcitor General, prepare, in order to be laid before ParUament, a BiU for the Tryal and Punish ment of Persons guUty of Murther within the Admir- ' See Attorney General's Answer, January 18th, 1763.— Ed. 353 ADMINISTRATION OF GOVERNOR HARDY. [1762 alty Jurisdiction in the Plantations, and it being His Majesty's Pleasure that this Business should be pro ceeded upon with aU possible Dispatch ; I am directed by their Lordships to desire that you wiU forthwith draw up the Heads of a proper BUl for this Purpose to be immediately laid before their Lordships for their Consideration and that you may be the better enabled to pursue their Lordships Directions herein, I herewith inclose to you *a Report of His Majesty's Advocate, Attorney and Solicitor General upon certain Questions stated to them in reference to the Laws as they now stand. I am Sir Your most obedient humble Servant John Pownall. A Bill for the more speedy and effectual Tryal and Punishment, in His Majesty's Colonies and Plantations in America, of Persons guilty of Murder within the Limits of the Admirals Jurisdiction. Whereas by An Act of Parliament made in the Twenty Eigth Year of the Reign of King Henry the Eighth, It is Enacted that Treasons, Felonies, Rob beries, Murders and Confederacies committed on the Sea shaU be enquired of, tryed and determined accord ing to the common Course of the Laws of this Land used for such offences upon the Land within this Realm, Whereupon the Tryal of those offenders before the Admiral or his Lieutenant or his Coraissary hath been altogether disused. And Whereas since the pass ing the said Act, Persons committing Murders on the Seas or in any Haven Creek or Place where the Ad miral has Jurisdiction in His Majesty's Colonies and Plantations in America, cannot be brought to condign Punishment without great Trouble Charge and Incon- 1762] ADMINISTRATION OF GOVERNOR HARDY. 353 venience in sending them to England to be tryed within the Realm as the said Statute directs, therefore for the removing such Inconveniences, and for the more effectual Execution of Justice upon such Persons who having committed Murders upon the Seas, within the Admirals Jurisdiction,- shaU be apprehended in or brought Prisoners to any of His Majesty's said Colonies or Plantations in America, Be it Enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Com mons in this present Parliament assembled, and by the Authority of the sarae, that from and after the first Day of July 1762 all Murders which shaU be committed upon the high Seas, or in any River, Haven, Creek or Bay where the Admiral hath Jurisdiction, may be in quired of, tryed, heard, determined, Judged, and Exe cution awarded and done within any of His Majesty's Islands, Colonies and Plantations in America in such like manner aud form as if such Offence had been committed or done upon the Land, And be it further Enacted by the Authority aforesaid, that the Gov emor, Lieutenant Governor or other Person in Chief Authority and Command for the time being, in any of His Majesty's said Islands Colonies and Plantations in America, within which any Person or Persons charged with having committed Murder upon the Seas or in any Haven, River, Creek or Bay where the Admiral has Jurisdiction shaU be apprehended or to which he she or they shall be brouglit Prisoners, is hereby author ized and required to issue a Commission under the publick Seal of the said Island Colony or Plantation directed to the Judge or Judges of the Admiralty of the said Island, Colony or Plantation for the time being, and to three or four such other substantial Per sons as the said Governor Lieutenant Governor or other Person in Chief Authority and Command shaU name and appoint to hear and determine such Offences 33 354 ADMINISTRATION OF GOVERNOR HARDY. [1762 according to the common Course of the Laws of the said Island, Colony or Plantation used for the Tryal and Punishment of Murder committed or done upon the Land, which said Commissioners or such a Quorum of them as shall be appointed by the said Com'ission shaU have as fuU and ample Power to enquire, hear, determine, adjudge, and punish such Offence as afore said, as any Coramissioners to be appointed by Com mission under the great Seal of Great Britain by virtue of the said Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth might or could have, use, exercise or enjoy in cases of the Uke Nature within the Realm of England, And be it further En acted by the Authority aforesaid, that all and every such Offender or Offenders as aforesaid, which shall be apprehended in or brought Prisoners to any of His Majesty's said Islands, Colonies or Plantations in America, shaU be liable to such Order Process Judg ment and Execution by virtue of the Comraission to be grounded upon this Act as might be awarded or given against him her or them, in case he she or they were proceeded against within the Realm of England, by virtue of any Commission grounded upon the said Statute of the Twenty Eighth Year of the Reign of King Henry the Eighth. Provided always and be it Enacted by the Authority aforesaid, that nothing in this Act contained shall be construed to prevent any Person or Persons who shaU have committed Murder upon the Seas, or in any Haven, River, Creek or Place where the Admiral has Jurisdiction and shaU not have been tryed according to this Act from being tryed for such Offence within the Realm of England according to the said Statute of the 28';'' Year of the Reign of Henry the Eighth. And be it further Enacted by the Authority afore said, that this Act shall continue and be in force for the Space of seven Years, and from thence to the end of the then next Session of ParUament and no longer. 1762] ADMINISTRATION OF GOVERNOR HARDY. 355 Com,mission of John Brainerd, as Superintendent and Guardian of the Indians at Brotherton. [From Book AAA of Commissions, Secretary of State's Ofdce, Trenton, fol. 369.] His Excellency Josiah Hardy Esquire Captain General and Governor in Chief in and over his Maj esty's Province of New Jersey and Territories thereon depending in A.merica ChanceUor and Vice Admiral in thesame &c. To the Reverend Mr. John Brainard,' ' John Brainerd was the son of the Hon. Hezekiah Brainerd, Jr. , of (Old) Haddam, Conn., where he was bom Fehruaiy 38, 1720, two years later than his famous brother, David. He was graduated from Yale College in 1746. The Rev. David Brainerd, his brother, in this year established a new mission among the Indians of New Jersey at a place he significantly called Bethel — about two miles northeast of Cranberry, in Middlesex County. He was compeUed by Ul health to leave it in the spruig of 1747, and his brother John took charge of it for him, arriving at Bethel April 15th, of that year. He was ordained to the ministry in May, 1748, and was then formaUy commissioned as missionary to the Indians, hy the Society in Scotland for Propagating (IJhristian Knowledge, his brother David having died Ootoher 9th. 1747. He remamed in this charge until the faU of 1755, when he was obliged to relinquish the work, and removed to Newark, where he remained most of the tune imtU the spring of 1759, having charge of the First Presbyterian Church m that towu, although he does uot appear to have been installed pastor. He spent nine more years among the Indians, at Brotherton, of which more hereafter, and in 1768 took up his residence at Mount HoUy, preaching to the whites. In 1775 he retumed to Brotherton, but in 1777 removed to Deerfield, Cumberland County, giving the Indians every alternate Sabbath, and preaching the rest of the time to the whites in the southem part of the State. He was a Trustee of Princeton Col lege 1754-81. He died in March, 1781, and his remains repose beneath a white marble slab in the floor of the Deerfield Church. He left one daughter, the wife of Major John Boss, of Revolutionary fame; she died in 1792, leaving three children, only one of whom left descendants.— ii/e of John Brainerd, by the Bev. Thomas Brainerd (1865), Passim; A Genui-ne Letter from, Mr. John Brainard, etc., London, 1753; Joumal of Bev. John Brainerd (1761-2), 1880; Life of Eev. David Brainerd, Passim. The name is often written Brainard, but the missionaries wrote it Brainerd themselves. John Brainerd was laboring with considerable success among the Indians at Bethel, when, in 1749, the title of the mitive occupants was attacked by Chief -Jus tice Eobert Hunter Morris, which discouraged the Indians, who in the course ot time graduaUy disposed of their lands. In 1753 it was proposed to remove them to UnadUla, Penn., but this was not carried out. In 1754 an effort was made, doubt less through Brainerd, to secure a tract of about 4,000 acres in New Jersey, for the permanent settlement of the Indians, and this was endorsed by the Society for Propagating Christian Knowledge, under whose auspices Brainerd was working. This movement failed also. In 1755 the Correspondents of the Society, at New York, reported that the Indians at Bethel would soon be dispossessed, and they recommended that the Society should either buy land or apply to the Govemment 356 ADMINISTRATION OF GOVERNOR HARDY. [1762 Greeting, Whereas by an Act of General Assembly raade and Passed in the Thirty Second year of the Reign of his late Majesty King George the Second, Intitled, An Act to Empower Certain Persons to Pur chase the Claims of the Indians to Land in this Colony, It is among other things Enacted and Provided, That the Commissioners therein named (to wit) Andrew Johnston, Richard Saltar, Charles Read, WiUiara Fos ter, and Jacob Spicer Esqr. or any three of them with the Approbation of the Governor or Commander in Chief of the Province for the time being, should Pur chase some Convenient Tract or Tracts of Land for the Settlement of such Indian Natives who had Re sided or then did Reside in the said Province South of the River. And Whereas the said Commissioners by and with the Consent & Approbation of His ExceUency Francis Bernard Esqr. then Governor in Chief of the said Province did Pursuant to the Powers to them for a grant of unappropriated land for their settlement. In 1756, again, the Corres pondents thought they had a prospect of securing such a tract, comprising about 3,000 acres, in New Jersey, admirably adapted for the purpose, m Mr. Brainerd's judgment; the cost was to be about £450, sterling, of which they had £150, and asked the parent Society for the balance. That body voted, in November, 1757, to furnish the requisite £300, but it was never forthcoming, perhaps because of another movement in the same direction. — Life of John Brainerd, 154-8, 269-286, 293-6, 465. Under date of April 16th, 1757, a number of Friends in West Jersey organized " The New Jersey Association for Helping the Indians." The first article provided that a tract of about 3,000 acres of land in Monmouth, BurUngton or Gloucester should be purchased by the Association and set apart for the use of the native Indians of Kew Jersey, forever, free of rent. Although about £175 was sub scribed for the purpose, it does not appear that the Association ever went into actual operation, but it is quite apparent that this praiseworthy movement, foUow iug up the persistent efforts of Brainerd, led the way for the action subsequently taken by the Legislature. At the Conference held at Easton, August 9, 1758, the Indians asked that a tract of land be purchased of Benjamin Spilnger, in Evesham Township, Burlington County, to be set apart for then* use, in exchange for the territorial rights claimed by the Indians south of the Raritan. Just three days later the Legislatui'e authorized the purchase, the lands to be held by Commis sioners named in the Act, and their successors, in trust, forever, for the use of the Indians. The same month three tracts were bought, cue of Benjamin Springer and two of Richard Smith, amounting in aU to nominally 1,983 acres, but actuaUy to 3,044 acres. (This was undoubtedly the tract selected by Brainerd in 1756.) The Commissioners were authorized to erect dwellings, mills, schoolhouses, etc., and to exercise a general supervision over their wards. (They do not appear to have carried out their instructions, however, for in 1761 Mr. Brainerd wi'ites that he appealed to the Legislature for aid to erect a schoolhouse, a grist mill, a black smith's shop and a smaU trading store ; but the Quaker influence in the Assembly 1762] ADMINISTRATION OF GOVERNOR HARDY. 357 given in and by the before Recited Act of Assembly did purchase of and from one Benjamin Springer a Certain Tract of Land in the Town of Evesham and County of BurUngton, since called and known by the Name of Brotherton by a Certain Indenture bearing date the Twenty Ninth day of August in the 32nd year of the Reign of our late Sovereign Lord George the Second made between the said Benjamin Springer of the one part and his said ExceUency Francis Ber nard Esq. Governor &c. the said Andrew Johnston, Eichard Saltar, John Stevens, WiUiam Foster, and Jacob Spicer, the said Commissioners of the other part. Recorded in the Secretaries Office at BurUngton in Liber 0. of Deeds page 394 may more fully and at large Appear. And Whereas a Considerable Number of Indians Sensible of the Provident Care of this Gov- deteated the project.— is/e of Brainerd, 318. It is probable that the hostility to the measure was on account of the undesirable character of the Indians.) The settlement was called Edge PUlock, Indian MiUs, or Brotherton. The last name has unfortunately disappeared from the map. It is thought that this was the first Indian Reservation established by law in the country. About 100 of the Lenni Len- ape resided on this tract for many years, gradually diminishing in thrift and num bers. In 1762 they appealed to the Legislature for aid, but vainly, and in 1796 that body appointed other Commissioners to take charge of them, and to lease out their lands for their benefit. In 1801 the Indians were invited by some of their kindred near Oneida Lake, New York, to settle among them. They accepted the Invitation, and at their request the Legislature directed the tract to be divided and sold, for their beneflt, which was done, the money going to defray the expenses of the removal of the Indians to New York, and to put something into the treasury of their hosts.— Fragmentary History of New Jersey Indians, by Samuel Aliinson, Proceedings N. J. Hist Soc, January, 1875. " The tract was located a little north west of the centre of the present Shamong Township, Burlington County, covering what is uow the vUlage of Indian Mills, on Bread and Cheese Bun."— Hist. Burling ton and Mercer Counties, 1883, p. 415, which also gives a map of the subdivision of the tract made in 1802. Sec. 7, of the Act of 1758, authorizmg the purchase of this Indian reservation, provided: "The Lands to be purchased for the Indians as aforesaid shaU not hereafter be subject to any Tax; any Law, Usage or Custom to the contrary thereof in anywise notvrithstanding."— ^iiinsom's Laws, 821. The act of 1801 authorizing the sale of the tract vras sUent as to the exemption from taxa tion, and m 1803 the local assessor, deeming that the exemption no longer existed, assessed the lands for State and county purposes. The purchasers oertioraried, and the Supreme Court in September, 1804, quashed the assessment. In December tollowmg, the Legislature passed an act repealing section seven of the act of 1758, and in 1805 the assessor again assessed the lands in question, and the Supreme Court, at the November term, 180?, affirmed the vaUdity of the assessment, holding that the exemption clause was not an irrepealable contract, and that it was merely for the beneflt of the Indians during their use and occupancy of the land. (1 Pen- ni-ngton, 301.) This judgment was affirmed by the Court of Errors, but being 358 ADMINISTRATION OF GOVERNOR HARDY. [1762 ernment have Settled themselves on the said Tract of Land called Brotherton so as aforesaid Purchased for the Uses and Purposes aforesaid. And it being neces sary, as well for the Service of the said Indians as for the Quiet of the Inhabitants being near the said Place called Brotherton, that some Person should be Ap pointed to take care of and Superintend such Indians as are already Settled or hereafter may Settle at Brotherton aforesaid. Now Know you, that I Repos ing Especial Trust and Confidence in you the said John Brainard, Do by these Presents Constitute and Appoint you the said John Brainard Superintendent an(i Guardian of the said Indians and every of them, and of the said Tract of Land CaUed Brotherton, Sub ject, Nevertheless to such Orders and Regulations as shaU or may be made Relative to the said Indians by me or the Commander in Chief of this Province for the time being, or by the Coramissioner hereinbefore mentioned or such as shall be hereafter Named and Appointed by Act of the Legislature for that purpose. Given under my Hand and Seal at Arms at Burlington this Twenty Second day of March Anno Domini, 1762. *— — * Josiah Hardy. 3 Seal at [ gy j^jg Excelleucy's Command, (/'""J Chas. Read. Secry. carried to the Supreme Court of the United States, was in 1812 reversed, that tri bunal deciding that the act of 1804 was unconstitutional, as impairing the validity of a contract. A singular fact is that lu 1814, in the face of this decision of the highest court in the land, the property was again assessed, and a stUl stranger fact is that the taxes were thereafter regularly paid, untU 1877, without objection or protest. In 1877 the assessment was again certioraried to the Supreme Court, which at the November term, 1879, afdrmed the vaUdity of the assessment, on the ground that in view of all the facts, as above, "the payment of the taxes from 1814 to 1877, without questioning the right to lay them, raised a conclusive pre sumption that by some convention with the State the right to exemption was sur rendered."— 13 '7'room, 478. Brainerd, although often seeking the recognition and aid of the authorities of the province in his important work, does not mention the above commission in any of his letters or journals which have come to light; nor is it referred to in the very complete and exhaustive biography quoted above. Perhaps as it was unaccompanied by any substantial assistance, which was so much needed by him to prosecute his laborious and self-sacriflcing task, he may have thought it unworthy of notice.— [W. N.] 1762] ADMINISTRATION OF GOVERNOR HARDY. 359 Commissions for Surrogates in the Western and East ern Divisions of New Jersey. [From Book AAA of Commissions, Secretary of State's Ofiice, Trenton, fol. 367-8.] By his Excellency Josiah Hardy Esquire Captain General & Governor in Chief in and over His Majestys Province of New Jersey and Territories thereon depend ing in America ChanceUor and Vice Admiral in the same. To Charles Read Esqr., Samuel AUtnson, & Gabriel Blond, of the City of BurUngton, John Ladd of the County of Gloucester, George Trenchard of the County of Salem, MaskeU Ewing of the County of Cum berland, Henry Young of the County of Cape May, Theophilus Severns of the County of Hunterdon, and Aaron Doud of the County of Sussex Greeting I Reposing especial Trust & Confidence in your and each of your Integrity Learning and Ability have thought fit to Constitute & appoint, and I do hereby Constitute and appoint you and each of you the said Charles Read, Samuel AUinson, Gabriel Blond, John Ladd, George Trenchard, MaskeU Ewing, Henry Toung, Theophilus Severns, & Aaron Doud, Surro gates of the Prerogative Court in the Western Division of the Province of New Jersey aforesaid. Giving and hereby Granting unto you and each of you the said Charles Read, Samuel AUinson, Gabriel Blond, John Ladd, George Trenchard, MaskeU Ewing, Henry Young, TheophUus Severns, and Aaron Doud, All Powers and Authorities to the said Office belonging, To Hold the same during my WiU & Pleasure, In Testimony wherof I have caused the Prerogative Seal of the said Province of New Jersey to be hereunto Affixed at Perth Amboy in the said Provin(5e the Twenty Second day of March in the Second Year of his Majestys Reign, and in the year of Lord One Thousand Seven Hundred and Sixty two. Chas. Read. Regr. [Prerogative Seal of New Jersey.] 360 ADMINISTRATION OF GOVERNOR HARDY. [l762 A CoMiaissiON was Granted by His ExceUency Josiah Hardy Esqr. Governor of the Province of New Jersey &c. to Charles Read Esqr. Secretary of the Province of New Jersey John Smyth, Andrew Smyth, and Jonathan Doane, of the City of Perth Araboy, Anthony White, and Jaraes Hudd Junr. of the City of New Brunswick, Robert Ogden of Elizabeth Town, Uzal Ogden and Lewis Ogden of Newark, John So- brisco of the County of Bergen, Jacob Dennis & Sam- ual Leonard of the County of Monmouth, Appointing them and each of them Surrogates of the Prerogative Court in the Eastern Division of the Province of New Jersey, To Hold the same during Will & Pleasure, Dated at Perth Amboy the Twenty Second day of March in the Second year of the Reign Annoq. Dom. 1Y62 with the Prerogative Seal thereto Affixed. Signed. Chas. Read. Regr. Secretary Pownall of the the Lords of Trade to Robert Wood, enclosing a representation from that body which had been submitted to the Council, asking for the removal of Governor Hardy. [From P. R. O., America and West Indies, Vol. 172, (190).] Whitehall, March 27*;' 17(;2 Robert Wood Esqr Sir. I am directed by the Lords Commissioners for Trade and Plantations to send you the enclosed Rep" which their Lordships have this day made to His Majesty in Council, proposing that MV Hardy GovT of New Jersey may be removed from his Gov* and to desire you will coraraunicate it to Lord Egremont. I am with great truth & respect Sir Your most Obed' and most humble Serv? J Pownall. 1763] ADMINISTRATION OF GOVERNOR HARDY. 36l Copyof Eepresentation from the B: of Trade to the King in Council, for removing M^ Hardy from the Government of New Jer sey, dated March 27*;'' 1762 for his having appointed three Judges of that Province during their good behaviour, in Disobedi ence to his Majesty's Instructions. To the Kings most Excellent Majesty, May it please your Majesty, Having lately rec? a letter from Josiah Hardy Esq' Governor of your Majesty's Province of New Jersey, dated the 20* of Janry last, acquainting Us amongst other things that he had granted a Commission to Robert Hunter Morris EsqV to be Chief Justice and also Commissions to two other Gentlemen to be second and third Judges of the supreme Court of Justice in that Province, during their good behaviour, it is our duty humbly to lay before your Majesty the annex'd extract of so much of M'' Hardy's letter as relates to this matter. We have already in Our humble Representation to your Majesty of the 11* of November last so fuUy set forth Our Opinion of the impropriety of the Judges in the Plantations holding their Offices during good behaviour and the operation, w°." in the present state of those Plantations such a Constitution would have to lessen their just and proper dependance upon your Majesty's Government that it is unnecessary for Us to add any thing further upon that head, and your Majesty's General Instructions to aU your Governors and those Instructions in particular which were grounded upon that Representation are so full and so positive that We cannot offer any thing that may in the least degree extenuate so premeditated and unpre cedented an Act of disobedience of your Majesty's 362 ADMINISTRATION OF GOVERNOR HARDY. [1762 Governor of New Jersey, in a matter so essential to your Majesty's interest and Service, not only in that Province but in all other your Majesty's American Dominions. The appointing M' Morris to be Chief Justice after the Contempt he had shown of your Majesty's authori ty, by procuring a person who had been appointed to that Offlce in consequence of His late Majesty's Warrant, to be superseded by a Judgment of that Court, ill which he claimed to preside by a bare authority of the Governor, is alone such an example of misconduct, as does, in our opinion, render the Gov ernor unworthy of the Trust your Majesty has conferred upon him. But aggravated as his Guilt is by the mode of the appointment and by the influence which it will necessary have in the neighbouring Provinces of Pen sylvania and New York, and particularly in the latter, where the utmost zeal and efforts of the Lieut- Gov ernor has been hardly sufficient to restrain the intem perate zeal and indecent opposition of the Assembly to your Majesty's authority, and Royal Deternunation upon this point: It becoraes, under these Circura stances, our indispensible duty to propose that this Gentleman may be forthwith Recalled from his Gov ernment, as a necessary example to deter others in the same situation from like Acts of Disobedience to your Majesty's Orders, and as a measure essentiaUy neces sary to support your Majesty's just Rights and authority in the Colonies and to enable Us to do Our duty in the station your Majesty has been graciously pleased to place Us in, and effectuaUy to execute the Trust coramitted to Us. Which is most hurably subraitted. Sandys E"? Eliot Soame Jenyns Geo: Rice E? Bacon John Roberts John Yorke Whitehall March 27'" 1762 1762] administration of governor hardy. 363 Letter from Governor Hardy to the Secretary of State on the declaration of war against Spain. [From America and West Indies Vol: 172 (190).] .^ Perth Amboy 29* April is(;2. The R' hon^'® the Earl of Egremont^ My Lords, I have the honor of your Lordships letter of the 7"' January by the Enterprize as also a duplicate of the same by the Packet, inclosing me his Majestys Dec laration of War against Spain, which I have accord ing to His Majesty's command caused to be proclaim ed in both divisions of this Province ; and I have taken such steps as I hope will effectually prevent the Enemy receiving any Supplys of provisions, araraun ition, or Stores from hence. In my letter of the 2 ins' I inform'd your Lordship that the Assembly of this Province had voted the full number of Men for the Provincial Regiment which is now compleat and wiU in a very few days be ready for Service I have now the pleasure to acquaint your Lordship, that on my Second Apphcation to the Assem bly they with great cheerfulness and unanimity agreed to grant the necessary encouragement for raising the Quota demanded of them by His Majesty's General for recruiting the Regular Forces, I shall therefore do every thing in my power to raise the Men as soon as possible. I shall only add that altho' Our Assembly did not see this affair in its true light at first yet as they have now comply'd with the whole of His Maj estys Requisition I humbly hope they wiU not lye under the weight of His Majestys displeasure. I am with the greatest respect My Lord Y our Lordships most Obedient & most Humble Servant Josiah Hardy 364 administration of governor Hardy. [1762 Letter from Governor Hardy to Secretary Pownall — the Commissions during good behavior had been relinquished by the Judges — R, H. Morris strong ly recommended for Chief Justice — tlie death of Andrew Johnston of the Council expected. [From P. R. O. B. T., New Jersey, Vol. 9, K, 26.] Perth Amboy 22*^ June 1762. Sir This goes by M' Barons who will send to the Office a Box containing all the BiUs passed to this time with ' the proceedings of the House of Assembly. I was in hopes to have sent Ukewise the Copy of the Journal of the Council, but I have not yet been able to obtain it from the Secretary I have the satisfaction to acquaint you that all Com missions during good behaviour are now at an end in this Province, by the Judges having determined to ac cept their Coramissions in such raanner as His Maj esty shaU think proper. M'' Morris who now acts as Chief Justice, wiU be very proud to continue in the Office if His Majesty approves of hira, if not he wiU immediately resign, but I own for the good of the Province I wish their Lordsliips would be pleased to recommend to His Majesty, to order his Mandamus appointing M' Morris to the Office, which would at once settle all future Commissions of this kind I am hourly expecting to hear of the Death of M'.' Andrew Johnston, one of the Council of this Provipce, I shall endeavour to recommend a proper person to succeed him, but it will be difficult to comply with my instructions in this particular, as I don't know of any Person in the Western Division fit for the CouncU, there are many in the East Division who will be glad of the honour, but very few that are properly quali- 1762] ADMINISTRATION OF GOVERNOR HARDY. 365 fy'd I shaU therefore hope their Lordships wiU excuse me if I do not recommend so many, when this vacancy happens, as the instruction directs. You will please to communicate to my Lords Commissioners for Trade and Plantations such part of this letter as you think proper I am with great truth Sir Your most Obedient Humble Servant Josiah Hardy Sir Jeffrey Amherst to the Commanding officer at Elizabethtown {Capt. Elias Dayton) — Gov. Hardy had informed him that upwards of twenty men were ready at Elizabethtown to Embark for Albany —Orders that they do so. (From N. J. Hist. Soo. MSS.) To the Officer Conimanding a Party of the New Jersey Troops at Elizabethtown. Governor Hardy having Acquainted me that he Ex pected Twenty men and Upwards of the New Jersey Troops to be Ready at EUzabeth Town, at this day, I Now Send a Boat to Receive you and them, & Desire you will imraediately Embark & proceed to the North Eiver, where you wiU find a Sloop ready to Receive you; And you wiU, without loss of time, proceed in her to Albany, when upon your Arrival, you will sUew these Orders to Colonel Bradstreet, or Captain Wine press & foUow & Obey such further Directions as you shaU Receive from them. Given under my Hand at Head Quarters in New York this 8'" day of July 3762. Jeff. Amherst. By His ExceUency's Command. Arthur Mair 366 ADMINISTRATION OF GOVERNOR HARDY, [1762 Letter from Governor Hardy to the Lords of Trade announcing the death of Andrew Johnston, and recommending Stephen Skinner as his successor as Treasurer of East Jersey, and three other gen- tlejnenfor the Council, etc. [From P. R. O. B. T. New Jersey, Vol. 9, K, 27.] Perth Amboy 16''^ July 1762. The Eight Hon".''' The Lords Commissioners for Trade and Plantations My Lords I am sorry to acquaint Your Lordships of the death of M" Andrew Johnston one of His Majestys Council and Treasurer of the Eastern division of this Province, this Gentlemen is a great loss to the Community both in his publick as well as private capacity, as it would be a very great inconvenience to the Proviuce to keep vacant the post of Treasurer I have appointed M' Steplien Skinner to that employment during His Maj estys pleasure, which I hope your Lordships wUl ap prove, he being well qualify'd for tlie Trust. As it will be necessary for His Majestys Service that the present vacancy in the Council should be filled up as soon as possible, I beg leave to recommend the fol lowing Gentlemen to Your Lordships Viz'', James Parker John Barbarie and John Smyth EsqV^ all resid ing in this town, they are Meu of Abilities and known loyalty to his Majesty. I am sorry it is not at present in my power to comply so far with his Majestys in structions as to send the Names of three Persons from the Western division, but I do not know of any one in that part of the Country properly quahfy'd for so im portant a trust. I must take the liberty to observe that it would be a very great convenience in carrying on the pubUck Service to have at least three of the Council 1763] ADMINISTRATION OF GOVERNOR HARDY. 367 residing here, especiaUy at this time when there are frequent occasions for their meeting; Two of them hve at New York and the others at such a distance that I cannot get them together under three days notice by sending Expresses different ways, which puts the Province to a considerable expence. I there fore hope that in the future nomination of CounciUors Your Lordships ;vpill be pleased to have some regard to their residence. Iam further to acquaint Your Lordships that the Judges of the Superior Courts have consented to resign their Commissions, during good behaviour and to act in their several stations tiU His Majesty's pleasure shaU be known, in a former letter I observed that I had revoked several Commissions of this nature granted tolhe Judges of the Comraon Pleas, by the late Governor Belchier. I am endeavouring to put the MUitia of this Province on a better footing than it has been hitherto, they should consist of about 12700 Men which with five Troops of Horse and four Companys of Cadets of about 70 Men in a Company is the only defence we have to trust to, we have no Forts mounted with Cannon to protect the harbour which is a very fine one and capable of containing large Ships. The Province is pretty secure on the land side by Pensylvaina and New York at the back of it, but we have no defense against Ships. 1 wrote Your Lordships by the Launceston Man of War the IS* of last month and by that opportunity I sent Copys of aU the BiUs past by the Assembly with Copys of their Proceedings since I came to the Admin istration, and I wUl as soon as possible send Copys of the Journals of the Council. I am with the greatest respect My Lords Your Lordships most Obedient and most Humble Servant Josiah Hardy 368 administration of governor hardy. [1762 Letter of the Earl of Egremont to the Lords of Trade, aymouncing his Majesty's appointment of William Franklin, to be Governor of New Jersey. [From P. R. O., B. T., New Jersey, Vol. 9, K. 23.] Whitehall 20*? August 1762 Lords Commissioners for Trade My Lords His Majesty having been pleased to appoint WiUiam Franklin, Esq- to be Governor of Nova Csesarea, or New Jersey, in America, in the room of Josiah Hardy, EsqV I am to signify his Majesty's Pleasure, that You should prepare Draughts of a Commission & Instruc tions for bim, in order to be laid before His Majesty for His Approbation.' I am My Lords, Your Lordships Most obedient humble Servant Egremont Commission of William Franklin, as Governor of New Jersey. [From Book AAA, of Commissions, in ttie Secretary of State's Office, Trenton, fol. 379.] GE0RC4E the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c. To our Trusty and well Beloved William Frank- ' The draft of the r^ommjssion in usual form was submitted to the Kinfj August 35th.— Ed. 1762] ADMINISTRATION OF GOVERNOR HARDY. 369 lin' Esquire Greeting: Whereas We did by our Letters Patent under our Great Seal of Great Britain bearing date at Westminster the Fourth day of May in the First year [of our] Reign Constitute and Appoint Josiah Haedy Esquire Captain General and Governor in Chief in and over our Province of Nova Ceesarea or New Jersey in America for and during our Will and Pleasure as by the said Recited Letters Patent Relation heing thereunto had may more fully & at large Appear. Now Know You, that We have Revoked and Deter mined and by these Presents do Revoke and Deter mine the said Recited Letters Patent and every Clause Article and thing therein Contained, And further Know you that We Reposing Especial Trust and Con fidence in the Prudence Courage and Loyalty of you son of Dr. Benjamin Franklin, and the last Royal Govemor of ^ New Jersey, was bom in Pennsylvania in the year 1731. He did not find a home under the paternal roof until he was about a year old, trom which time he was tenderly and carefully nurtured by his illustrious father and newly acquired mother. Manifesting a fondness for books, he was furnished with every facility for acquiring a good education, and as he grew up, took gi-eat delight in giving a helping hand in those philosophical experiments which rendered his father's name inamortal. At an early age he was appointed Clerk of the House ot Assemblj of Pennsylvania and post-master at Philadelphia. In the French war he was a Captain, and served with great credit at Ticonderoga. In 1756 he accom panied his father to England, and upon his arrival in that country entei-lng upon the study of law, was in due tune called to be a barrister. Soon thereafter the University of Oxford conferred upon him the honorary degree of Master of Arts, and, at the same time, upon his father that of Doctor of Laws. His pleasing man ners and nimierous accomplishments won for him many influential friends, among whom was the distmguished Earl of Bute, who took a lively interest in his welfare. This nobleman recommended bim to Lord Fairfax, who, without the sohcitation of himself or his father, gave him the appointment of Governor of New Jersey. This appointment is said to have been greatly deprecated by the good people of the province, but the reception of the new Govemor was not attended by any exhibi tions of disrespect or dissatisfaction. On the contrary, he and his accomplished and most estimable wife, whose maiden name was Elizabeth Downs, and whose bhth place was in the West Indies, after landing in Philadelphia, and thence pro. 24 370 ADMINISTRATION OF GOVERNOR SARDY. [1762 the said WiUiam FrankUn, of our Especial Grace cer tain Knowledge and meer Motion, have thought fit to Constitute & Appoint and by these Presents do Con stitute & Appoint you the said WiUiam FrankUn to be our Captain General and Governor in Chief in and over our Province of Nova Ceesarea or New Jersey to wit, the Divisions of East and West New Jersey in America, which we have thought fit to Reunite into one Province and Settle under one Government. And We do hereby Require and Comraand you to do and execute all things in due manner that shaU belong unto your said Command, and the Trust We have Reposed in you according to the several Powers and directions Granted or Appointed you by this Present Commission and the Instructions & Authorities here with Given you, or by such further Powers Instruc tions and Authorities as shaU at any tirae hereafter be Granted or Appointed you underour Signet and Sign , Manual or by our Order in opP^^rivy CouncU and according to such Reasonable Laws' -and Statutes as r ceeding to New Brunswick, were "escorted to the seat of govemment (Perth Amboy) by numbers of the gentry, in sleighs and by the Middlesex troop ol horse; and there received by Govemor Hardy and the members of his CouncU."— WTw'te- head's Early History of Perth Amboy, p. 188. His first place of residence was at Burlington, where he remained until October, 1774, when he removed to Perth Amboy. The increasing prosperity of the Colonies was attended by a constantly increas ing desire on the part of the Mother Country to make them a source of proflt to herself, and the measures which she took to accomplish this could not fail to engen der a spirit of discontent and even opposition among the colonists. This resulted, of course, in continual controversies between the Govemor and the Assembly, but i t is due to the Governor to say that while he was true in his allegiance to the king, his evident desire to promote the welfare of his people reconciled them very considerably to his firmness in carrying out his instmctions. Without doubt, he deeply deplored the disputes between the mother country and the Colonies, and his speeches to the Assembly indicate a sincere desire to prevent open hostilities. "It is not for me to decide," said he to the Assembly m January, 1775, "on the particular merits of the dispute, nor do 1 mean to censure those who feel them selves aggrieved for aiming at a redress of their grievances; " but to obtain this redress, he adds there are " two roads, one evidently leading to peace, and a restor- miC^ J* ?,"'"'"' tranquility, the other inevitably conducting you to anarchy, seiy and al] the horrors of civil war. " CTp to this time the mtercourse between 1762] ADMINISTRATION OF GOVERNOR HARDY. 371 now are in force or hereafter shall be made and agreed upon by you with the Advice and Consent of our CouncU and the Assembly of our said province under your Government in such manner and form as is here after expressed. [It is deemed unnecessary to insert the remainder of this Commission, which is in aU respects similar to that given to Governor Boone. It closes as follows:] And we do hereby declare Ordain Sc Appoint that you the said WUliam Franklin shall and may hold Execute and Enjoy the Ofifice and place of our Captain General and Governor in Chief in and over our prov mce of Nova Ceesarea or New Jersey together with aU and Singular the Powers and Authorities hereby Granted unto you for and during our Will and Pleas ure. In Witness whereof We have Caused these our the Govemor and the Assembly had not been unfriendly, and there was even yet a hngering attachment to the mother country. But when in April following, the news of the bloody battle at Lexington was received, a feeling of indignation took possession of nearly every one. Lord Stirhng, one of the members of the Cotmcil, accepted a military commission imder the Provincial Congress in September follow ing, and was promptly suspended by the Govemor. AU harmony between the Govemor and the Council soon came to an end. The Assembly which had been prorogued on the 20th of May preceding, was called upon by his proclamation to convene on the SOth of June. This being regarded as a contempt ol the Continental Congress, he was deprived of his salary, declared to be an enemy to his country, arrested and finally sent as a prisoner of war to Connecticut. Here he suffered imprisonment for two years and five months, when, having been released, he repaired to New York, where he became President of the Board of Associated Eoyalists. After a residence of four years in that city, he sailed for England in August, 1788. The personal estate which he was obUged to sacrifice was valued at only £1,800. This was restored to him, and an allowance of £300 per annum in addi tion to £500 yearly pension previously granted to him as being half the value of his salary and fees m America. He died November 17, 1813, at the age of 82 years. After his imprisonment Govemor FrankUn was never permitted to visit his wife, who died July 28, 1778, in the 49th year ol her age. Between his father and him selt there was no intercourse from the beginning to the end of the war. That their disagreement was genuine was beyond a doubt. Nevertheless rumors having been spread in England that it was collusive, and more poUtic than sincere, the Governor was compeUed to give evidence of his loyalty bef ore his compensation for damages and his pension were allowed. A partial reconciliation took place between himself and his father in 1784. His son, WUliam Temple FrankUn, remained with his grandfather, Doctor Benjamin Franklin, and became his hiographer. 373 ADMINISTRATION OF GOVERNOR HARDY. [1763 Letters to be made Patent Witness Ourself at West minster the Ninth day of September in the Second year of our Reign. By Writ of Privy Seal. i Great Seal ¦ __„_.,. of Great I YORKE & YORKE. Britain. This Commission was pubUshed at Perih Amboy on the 25*'' of February 1Y63, and at Burlington a few days afterwards. Commission of William Franklin as Vice-Admiral, etc., of New Jersey. From Book AAA of Commissions, in Secretary of State's Offlce, at Trenton, fol. 375 .] George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith, To our Beloved William Franklin Esquire our Captain General Sc Governor in Chief of our Province of Nova Ceesarea or New Jersey, in America, Greeting We Confiding very much in your Fidelity Care and Cir cumspection in this behalf do by these Presents, which are to Continue during our Pleasure only, do Ordain Constitute and depute to you the said William Frank lin our Captain General and Governor in Chief afore said our Vice Admiral Commissary and Deputy in the Office of Vice Admiral in our Province of Nova Cees area or New Jersey aforesaid and Territories thereon depending and in the Maritime parts of the same and thereto adjoining whatsoever, with Power of taking and Receiving aU and every the Fees Profits Advan tages Emoluraents Commodities and Appurtenances 1763] administration of governor hardy. 373 whatsoever, due and belongmg to the said Ofifice of Vice Admiral Commissary and Deputy in our said Province of Nova Ceesarea or New Jersey aforesaid and Territories dependant thereon and Maritime parts of the same, & adjoining to them whatsoever accord ing to the Ordinances & Statutes of our High Court of Admiralty of England And We do hereby Commit and Grant unto you the aforesaid William Franklin Esqr. our Power and Authority in and throughout our Province of New Jersey aforementioned and Terri tories thereof and Maritime parts whatsoever adjacent thereto. And also throughout aU and every the Sea Shores, PubUc Streams, Ports, Fresh Waters, Rivers, Creeks, and Arms as weU of the Sea as of the Rivers and Coasts whatsoever of our said Province of Nova Ceesarea or New Jersey and Territories dependant thereon, and Maritime parts whatsoever of the same and thereto adjacent as weU within Liberties and Franchises as without, to take Cognizance of and pro ceed in aU Causes Civil and Maritime and in Com plaints Contracts Offences or Suspected Offences, Crimes, Pleas, Debts, Exchanges, Accounts, Charter Parties, Agreements, Suits, Trespasses, Injuries, Ex tortions, and Demands and Businesses, Civil and Mari tirae whatsoever Commenced or to be Commenced be tween Merchant or between Owners and Proprietors of Ships and other VesseUs, or others whomsoever with such Owners and proprietors of Ships and all other VesseUs and Merchants Whatsoever Employed or used within the Maritime Jurisdiction of our Vice Admiralty of our said Province of Nova Ceesarea or New Jersey and Territories depending on the same or between any other Powers whomsoever had made began or Contracted for any matter thing cause or Busi ness whatsoever done or to be done within our Mari time Jurisdiction aforesaid together with aU & Singular their Incidents, Emergencies, Dependencies, Annexed 374 ADMINISTRATION OF GOVERNOR HARDY. [1763 & Connexed Causes whatsoever wheresoever or howso ever and such Causes Contracts Complaints and other the Premises abovesaid or any of them which may happen to and be contracted had or done to hear and determine according to the Rights Statutes Laws Or dinances and Customs Antiently Observed. [The remainder of this Commission is similar to that given to Governor Boone which may be found on page 195. It concludes as foUows] Given at London in the High Court of our Admiralty of England aforesaid under the Great Seal thereof the Third day of September in the year of our Lord One Thousand Seven Hundred & Sixty Two, and of our Reign the Second. ¦ Great Seal ~1 GoDF. Lee Farrant. Registrar of the ( Admiralty V of ( Gt. Britain ) READ. Letter from the Earl of Egremont to Governor Hardy — informing him of his removal from the Gover norship of New Jersey. [From P. R. O. America and West Indies, Vol. 77.] V^HITEHALL Sept^ 11? 1762 Gov'' Hardy. Sir, His Majesty having in consequence of the strong Representation of the Board of Trade to the King in Council, judged it expedient to put an End to your Commission of Governor of New Jersey ; I am to ac quaint you that His Majesty has been pleased to ap- 1763] ADMINISTRATION OF GOVERNOR HAEDY. 375 point William FrankUn Esq' to succeed you in that ofSce; and that M' FrankUn will repair to New Jersey, as soon as His Commission and Instructions can be expedited. I am (fee'? Egremont Representation from the Lords of Trade to the King inclosing a Draft of Instructions for the Gover nors of the several Colonies and Plantations in America for an Alteration in the Prayers for the Royal Family. [From P. E. O. B. T., Plantations General, Vol. 41, page 193.] Whitehall Sep* 27*? 1762 To the Kings most Excell? Majesty May it please your Majesty In obedience to your Majesty's order in Council of the IT'? instant, directing Us to prepare Draughts of Instructions proper to be sent to the Governors of your Majesty's Plantations in America for an Alteration in the Prayers for the Royal Family. We herewith humbly lay before your Majesty Draughts of such In structions as We conceive proper on this occasion for your Majesty's Royal Signature. Which is most humbly submitted Sandys 376 ADMINISTRATION OF GOVERNOR HARDY. [1763 Instructions to Our Trusty and Wellbeloved Arthur Dobbs Esquire Our Captain Gen eral and Governor in Chief in and over Our Province of North Carolina in Ameri ca.^ Given at Our Court at S* James the first Day of Octoberl762 in the second Year of Our Reign. Whei^eas We have been pleased by our Order in Council dated the IT'?" Day of Septr last to declare our Pleasure that iu the Morning Sc Evening Prayers in the Litany & in aU other Parts of the pubUck Service as well in the Book of common Prayer where the Royal FamUy is appointed to be particularly pray'd for, the following Form of Words should be used viz' Our Gra cious Queen Charlotte, their Royal Highnesses George Prince of Wales, the Princess Dowager of Wales and aU the Royal Family; our Will and Pleasure therefore is that in all the Prayers, Litanies and CoUects where the Royal Family is pray'd for, and which are used within Our Province of North CaroUna under your Government the same Form and Order of Words be used as follows viz* Our Gracious Queen Chariotte, their Royal Highnesses George Prince of Wales, the Princess Dowager of Wales & all the Royal FainUy; And for the better Notice hereof in our said Province, it is Our further WiU and Pleasure that you cause the same to be forthwith published in the several Parish Churches and other places of divine Worship within Om" said Province, and that you take Care that due Obedience be paid thereto accordingly. J Similar Instructions to aU the other Goyei-nors. — En. 1763] ADMINISTRATION OF GOVERNOR HARDY. 377 Letter from Josiah Hardy, Governor of New Jersey, to Mr. Pownall, itiforming the Lords of Trade of the appointment of Mr. White to be Judge of the Admiralty, in the room of Mr. Lewis Morris, de ceased, etc. [From P. R. O., B. T., New Jereey, Vol. 9, K. 28.] Peeth Amboy 9''' Oct^ 1762 ]Mr PownaU Sir I received the favor of your letter of the 11"" June, inclosing me by order of the Lords Commissioners for Trade and Plantations the printed Copy of an Act for making perpetual an Act, for the better Regulation and Government of Seamen in the Merchants Service; and for extending the provision thereof to His Majes tys Colonys in America. I should have acknowledged the receipt of your let ter before but I had not timely notice of the sailing of the Packet; I am now just return'd from meeting the General Assembly at Burlington; they have made a provision for a Company of Sixty Six Men Officers included, demanded by Sir Jeffrey Amherst for Winter Duty on the Frontiers, they likewise passed several BUls which I wUl send Copies of as soon as I can get them transcribed. By this Man of War I send a Packet containing Copies of the journals of the Council, which ought to Jiave gone before with the Bills by the Launceston but were not finish'd time enough I therefore hope my Lords Commissioners will not impute this to any neglect in me. 378 ADMINISTRATION OF GOVERNOR HARDY. [1763 By the Death of Lewis Morris' Esq at New York, the Post of Judge of the Admiralty in this Province is becorae Vacant, and altho' the business of the Admir alty Court of New Jersey is but small, inconvenience might arise from this Post not being fiUed up, I have therefore appointed Anthony White Esq' to act as Judge of the AdmUalty during pleasure; I hope my Lords Comraissioners for Trade and Plantations wUl not disapprove of this appointment, as I can make it appear that it would be much to the benefit of both Provinces that this Post should not be united in one Person — I am with great Regard Sir Your most Obedient Humble Servant Josiah Hardy. ' Lewis Mobbis was the eldest son of Govemor Lewis Morris, of New Jersey, and was born at his father's country residence, Tinton, Monmouth Country, New Jersey, September 33, IWS.— Morris Family Bible, quoted in N. Y. Gen. and Biog. Eecord, January, 1876, pp. 16, 17. In 1782, at the early age of twenty-four, he was appointed a member ot the Council of New York, which dignity he held until 1739, when he was suspended for words dropped in a dispute relating to the Governor's drafts upon the revenue.— £KsJ. New York Oity, by Mrs. Martha J. Lamb, New Tork, 1877, 1., 536; Journal Leg. Council N. Y., 479-58.5. In 1732 he was elected to the Assembly, where he remained until 1746, a continual thorn in the side of the Royal Governors. In 1737, he was chosen Speaker of the Assembly, which in that year introduced the novel rule of recording the yeas and nays on measures of legisla - tion.— Journals, 616, 680, 1746. " He was exceedingly imlike his father, the Gover nor of New Jersey; had less forensic ability, rarely indulged in offensive sarcasm, and possessed great suavity of manner, with genuine humor. As a pohtician he was wary, self-reliant, equal to any emergency, and his pluck almost reached audacity. What he once maintained he would never abanon or lay aside for an instant. He avoided speech-making, but when driven to it through any extraor dinary excitement he never lacked expression, though some of his rhetorical flights were regarded as pedantic. He had great gifts in repartee, and was singu larly entertaining in society. He was a handsome man." — Mrs. Lamb's Hist. N. Y..I., 575-6. His portrait is prefixed to the Papers of Governor Morris, having beeu mistakenly supposed to be that of his father. " Instead of a hat he used to wear upon his head a loon's skin, a large American fowl, with all its feathers."— ifisf. of N. Y., by Thomas Jones, I., 140. He was commissioned as Judge or Commissary of the Court of Admiralty, January 16, 1738, with jurisdiction in all maritime affairs in New Jersey, New York and Connecticut. After Ms death the jurisdiction was divided as suggested by Governor Hardy in the above dispatch.— SmiWi's New York, Albany Ed., 1814, p. 383; Jones, I., 140; N. Y. Col. Docts., Yin., 455. Judge Morris died July 3,1762, at Morrisania, New York, having inherited that princely estate from his father, and there hewas interred.— ifist. Westchester County, by Thomas Bolton, Jr., New York, 1848, H., 384, 311; Papers of Lewis Morris, 326-9; N. Y. Gen. and Biog. Bee, January, 1876, p. 18. He was the father of Lewis Morris, a signer ot the 1763] ADMINISTRATION OF GOVERNOR HARDY. 379 Letter from Governor Hardy to the Earl of Egremont ackhowledging the letter of his removal from Office. [From P. E. O., America and West Indies, Vol. 172 (190).] Perth Amboy 3" Dec"^ 1T62 Rt hon''^® the Earl of Egremont My Lord I have received your Lordships letter of the 11'." Sept' acquaiuting me that in consequence of a strong repre sentation from the Board of Trade to the King in CouncU, His Majesty has been pleased to put an end to my Commission as Governor of New Jersey and to appoint WUUam FrankUn Esq^ in my room what the Declaration of Independence and General in the American army during the Revolu tion; of Staats Long Morris, who joined the British, and rose to the rank of General in that service; of Governeur Morris, the American Minister to France in 1789, and of other children.— J b. Anthony Wliite, who was appointed to succeed Judge Morris in New Jersey, was the brother-in-law of his predecessor, having married Elizabeth, daughter of Gov ernor Morris. He was the descendant of a longline of successful ofBceholders, and was the father of Anthony Walton White, a New Jersey Colonel in the Revolu tion. A sketch of the family, by Miss Anna M. W. Woodhull, will be found iu the Proceedings of the New Jersey Historical Society, for May, 1882. Aword as tothe Courts of Admiralty. " The proceedmgs of this court were in English, and according to the course of the civil la,w."— Smith's New York, 383; 3 Blackstone, Cap. V., vii. "In these courts one judge presides alone. No juries have any concern there. The law and the fact are both to be decided by the same simple Judge, whose commission is only during pleasure, an 1 with whom, we are told, the most mischievous of all customs has become estabUshed, that of taking commissions on all condemnations; so tbat heis under a pecuniary temptation always against the subject."— PTorfcs of John Adams, IH., 466. By an Act of 4 George H., Cap. XV., Sec. 41, it was enacted that the jurisdiction of the Admiralty Courts in the American Colonies and plantations should extend to all forfeitures or penalties relating to trade or revenue.— ii., 508. This deprived the people of their rights underthe conunon law in many cases where they had hitherto enjoyed those rights, including the privilege of trial by jury. James Otis says sarcastically ; "The Judges of the Admiralty, those mirrors of justice, to be trusted when none of the common law courts are, have all thoir commissions from home. These, besides other fees, have so much per cent, on all they condenm, be it right or wrong, and this by act of Parliament. Yet so great is their integrity, that it never was sus pected that flfty per cent., if allowed, would have any influence on their decrees."— The Bights of the British Colonies Asserted and Proved., by James Otis, Esq., Boston, 1764, p. 53.— [W. N.] 380 ADMINISTRATION OF GOVERNOR HARDY. [1763 objections to my conduct are I cannot comprehend, as I never had the honour to see the Boards representa tion so could have no opportunity of offering any thing in my own justification; however I humbly submit to His Majesty's Commands, but I can with the greatest truth affirm that every step I have taken in the ad ministration of this Government my Sole view has been to promote His Majestys Service and the welfare of the people committed to my care. I am with the greatest respect My Lord Your Lordships most Obedient ' and most humble Servant Josiah Hardy. Anstver of Attorney-General to the Queries propound ed as to the validity of Governor Hardy's appoint ments. [From P. R. O. B. T. New Jersey, Vol. 9, K. 29.] [For the Queries propounded to the Attorney-Gen eral see page 3.51 of this Volume under date of March, 1T62.J To 1. Qu. I ara of opinion, that the appointraent of Judges of the Supreme Court, during good behaviour, instead of during pleasure, contrary to the King's In structions, in Governments subsisting solely by his Majesty's authority, is iUegal and invalid. The letters Patent empower the Governor to constitute Judges, without prescribing any thing as to the Form or mode of constituting them ; but the Instructions, which are referred to by the Letters Patent, and consequently must be incorporated into them, regulate the mode of their Constitution. I think however that altho' such 1763] ADMINISTRATION OF GOVERNOR HARDY. 381 appouitments (as have been made in New Jersey) are illegal, yet that the Judgments given and Acts done by such Judges, wUl be good, for the sake of the pub lic and of third persons, in like manner, as the Acts of Mayors and other Corporate oflficers de facto, until they are ousted or removed by a proper legal authority. To the 2'^ Qu. I am of opinion, that these appoint ments may be questioned on Actions for the Fees of office, or for recovering the Salarry, to be brought by new Judges duly appointed; but as the present Judges; before whom Such question must be tried, appear manifestly interested in Supporting their several ap pointments, I think, that the Successor to M' Governor Hardy (in case he is or shall be removed for breach of his instructions), or the Attorney General of the Pro vince ought to prefer a Petition to the King in Coun cU, stating the Facts, and that, in this case. Justice caanot be expected in the Province, the Judges them selves being the very parties interested against the Rights, Authority, and Instructions of of the King to his Governour, and therefore pra^mgr, that they may be-- removed from their offices by Order in Council. After such removal, others may be immediately nominated, whose Comissions may be framed, pursuant to the constant Tenour of his Majesty's instructions in the Royal Governments in America. Jan. 18. 1Y63. C. Yorke. 383 ADMINISTRATION OF GOVERNOR HARDY. [1763 Letter from John Pownall, Secretary of the Lords of Trade, to Attorney-General Yorke — relative to the holding of lands in America by Aliens. [From P. R. O. B. T. Plantations General, Vol. 41, p. 208.] AprU 27? 1763. To the Hon*"!® Charles Yorke His Majesty's At torney General. Sir I am directed by the Lords Coraraissioners for Trade and Plantations to desire the favor [of] Your Opinion, as soon as conveniently may be, whether as the Laws now stand, Aliens not entitled to the Privileges and Benefits of natural born Subjects of Great Britain under the Act of the 13"" of His late Majesty Cap. 1. for naturaUzing such foreign Protestants and Others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America, are capable of acquiring Property in Lands in America, either by Purchase or Grant frora the Crown. I am Sir Your most Obed? hble Serv' John Pownall Letter from Governor Hardy to the Lords of Trade — inclosing acts and public papers, with observa tions thereon. [From P. R. O. B. T. New Jersey, Vol. 9, K. 30.] Peeth Amboy 2'^ May 1763 Right Hon"!" The Lords Commissioners for Trade and Plantations My Lords By the Intrepide Man of War I send the Bills passed at the last Sessions of the General Assembly of this Province in September, there is among them one 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 383 entituled an Act for laying a duty on Negroes and Mulatto Slaves Imported into this Province, which I would not give my assent to without a suspending Clause not to take effect untUl His Majesty's Pleasure shaU be known, it may be proper likewise to inform Tour Lordships that the reason for laying a higher duty in the Western division than in the Eastern, is that in the Province of Pennsylvania the duty is Ten Pounds proclamation on aU Slaves imported, and in New York only Two Pounds currency ; this considera tion induced the Assembly to make such a difference in the two divisions. I likewise send Your Lordships a transcript of the proceedings of the Council to the time that my admin istration ended as also of the votes of the lower house of Assembly I have the honour to be My Lords Your Lordships most Obedient Humble Servant Josiah Hardy Letter from Governor Franklin to the Lords of Trade, acquainting them with his arrival in Netu Jersey, acknowledging their letter of the 9th of March, respecting the correspondence to be carried on with the Board, and notifying them of three vacan cies in the Council of that province. [From p. R. O. B. T., New Jersey, Vol. 9, K. 31.] Burlington, New Jersey, May 10'." lYGS My Lords, I ara honoured with your Lordships Letter of the 9'? of March, inclosing Copies of sundry Papers direct ing the manner in which I am to correspond with your Board, relative to the Affairs of this Province, 384 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 the Contents whereof I shaU not faU strictly , to observe. During the short time of my Eesidence here, nothing of a publick Nature has occurr'd worth communicating to your Lordships. —The reception I met with on my Arrival from all Eanks of People in the Province, was equal to my utmost Wishes. — I have not yet had a Meeting with the Assembly, but they are summon'd to sit at Amboy on the 25'.'' Instant, when I have some Eeason to think I shall be able to prevail on them to in crease the Salaries of aU the Officers of Government. There is certainly great Cause for such an Augmenta tion, as all tUe Necessaries of Life in this Country are encreas'd tn Price near Three fold to what they were Seven Years ago. I scarcely think it possible to pre vail on them, agreeable to my Instructions, to make these Salaries permanent. It seems to be a principal riveted in the Minds of all tUe Assemblies on this Continent, that none of the publick Officers ought to have any settled Salaries, but depend upon such Allow ances as may from time to time be agreed upon by the Legislature. Their own Wages, however, being in the same precarious Situation, and not to be obtain'd but by a Law, gives a Governor an Opportunity of procur ing the Salaries of Officers at the sarae time. This Matter raay perhaps be one among others which will be thought necessary to be rectify'd when the Affairs of the Colonies come under the Consideration of the King's Ministers, which probably wiU not be long first as a Peace is now settled. At present I cannot see any one good Purpose it can answer to press this Point upon them, as there is no Chance of its succeeding, and as it may possibly tend to sour their Tempers & create such Dissensions as may prevent the obtaining Points of them of much more Consequence to His Majesty's Service. I shaU not be wanting, however in making use of every favourable Circumstance as it arises, which may give the least Prospect of Success. 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 385 There is one thing in which a Governor finds him self much distress'd on his arrival here, & that is the Want of a House for his Eesidence. There is no one be longing to the Province for that Purpose, and he is generally obUg'd to remain some Months in Lodgings before he can obtain a House any ways suitable; & when he has with Difficulty procur'd one he is stUl liable to be turn'd out of it at the WiU of the Landlord. — The CouncU of Proprietors in East Jersey have lately began to erect a BuUding at Amboy which they propose when finish'd to let to the Governor for the time being. But as the Province in general seem averse to their Gov emors Uving in a House of the Proprietors, of whom they have some Jealously, they may be easily brought I beUeve to purchase and furnish this House of the Pro prietors, & to buUd & furnish another at Burlington for the Uke Purpose, together with proper Eooms for the Uses of the Council & Assembly. And, indeed, as the Governor is instructed to meet the Assembly alternately at Amboy & BurUngton, and the Province will never agree to one central Place for transacting the PubUck Business, there seeras to be a Necessity of his being provided with a suitable House at each Place, and then he may make either his chief Eesi dence, or divide his time between both, as he thinks proper. Those of the Members who are for this Scheme, are of Opinion that they should be able to carry it in the House, provided they might be aUowed to strike the Sum necessary (which they compute at 10, or 12,000£ Currency) in Paper Bills of Credit, to be sunk by a Tax the first Year after the Expiration of the Paper Money, now current, which has been struck during this War for His Majesty's Service, & which is annually calling in & sinking in large Sums by Taxes for that Purpose. As they propose that whatever Sum they grant for erecting the said Buildings shaU be en tirely appropriated to that Use, and as no Deprecia- 35 386 ADMINISTRATION OF GOyBRNOR FRANKLIN. [176.5 tion can thereby happen to the present Currency, there being considerably more than the Sum propos'd annu ally sunk by Law; and as a Paper Currency wiU be long wanted here as a Medium of Commerce, the Gold and Silver brought into the Country being constantly remitted to England to answer the Ballance due from America; I say from these Eeasons, and as there is an absolute Necessity that His Majesty's Governors in this Province, should, in order to preserve the Eespect due to their Stations, be somewhat more decently lodg'd & accommodated than they are at present, I am inclined to think your Lordships may not be averse to recommend such a Law, should it be pass'd, to His Majesty for his Eoyal AUowance. — I should be glad however, to be favour'd with your Lordships Senti ments on this Head as soon as suits your Conveniency. The many Advantages secur'd to the Nation by the Definitive Treaty, cSc the great Prospect there is of a permanent Peace, have diif us'd a general Joy among the British Inhabitants on this Side the Atlantic. And such is the Spirit of Migration now in Araerica, that should the Descendant of D' Cox (who is a Gentle man of Character & Fortune in this Province) succeed in his AppUcation for a Grant of Lands on the Missisipi, there wiU be little Occasion for any InUabitants from the Mother Country, as there might by proper Man agement be at least 20, 000 Persons procur'd to settle there from the Northern Colonies in less than five Years. — The Places of these would be soon supply'd again by the great natural Encrease of the Inhabitants of this Country, & by the Accession of Foreigners. There are now three Vacancies in His Majesty's Council of this Province, occasion'd by the Deaths of M^ Salter, M"' Johnston, & M'' Hude. It is with great Difficulty that Gentlemen of Character & Fortune suf ficient for that Station can be prevail'd upon to accept it. TUey say that the Expences they must be put to 1763] ADMINISTRATION OF GOVERNOB FRANKLIN. 387 in England in obtaining a Mandamus, & the Expence & Trouble they raust be put to in attending the Meet ings of the Assembly at such a Distance from their own Homes, is more than adequate to the Honour. The Gent" of the Council have represented to me that it would be a considerable Conveniency to them if there were three of the Council living in or near Amboy, & three in or near Burlington; as then on such Occasions when there was no business of Import ance, but only mere Matter of Form, which requir'd a Meeting of Council, I sUould always have a sufficient number at hand, without bringing those from their Homes who Uv'd at a Distance. ^ — I am instructed to have an equal Number of CounciUors for each Divi sion, but at present there are only two for the West Jerseys, viz M' John Smith & M' Eead; and I can find but two more in that Division who are suitable to the Oflfice & willing to undertake it. These are Sam uel Smith EsqV of Burlington, & John Ladd, Esq', of Gloucester County. The first has been long in publick Offices within this Province, & a leading Member of the Asserably where he has always exerted himseU in promoting His Majesty's Measures. He has I think been before recommended by Governor Barnard & Gov' Hardy. He is now in the Assembly, but pro poses quitting it soon, and I think from his Abilities & extensive Influence in the Province he will make a very useful Member of the CouncU, & I do therefore recommend him to Your Lordships for that Purpose. M' Ladd is a Gent" of Fortune Sc unblemished Char acter, was formerly in the Assembly where he was always on the Side of the Administration, & is now one of the principal Magistrates of Gloucester County, which Ofifice he has long executed with AbiUty, & Credit to himself. He I think has likewise been recom mended to your Board by a former Governor. — As to the other Vacancy I believe there will be a Necessity 388 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 of having it fiUed by some Gentleman of East Jersey, but whom to recommend to your Lordships I know not at present; 'tis probable, however when I am at Am boy I may find some suitable Person, of which I shaU give your Lordships the earUest Intiraation. I have the Honour to be, with the greatest Eespect My Lords, Your Lordships most obedient humble Servant W" Franklin Letter from Governor Franklin inclosing minutes of Council and six acts passed in that province. [Prom P. R. O. B. T., New Jersey, Vol. 9, K. 33.] Perth Amboy, June 27*? 1763 The Right Hon''?® Lords Commissioners for Trade and Plantations. My Lords, I had the Honour of writing to your Lordships on the 10'? of last Month, acquainting you with my Arrival here, & acknowledging the Eeceipt of your Letter of the 9* of March with the Papers inclos'd. I also desired your Lordship's Sentiments with respect to the passing an Act for striking a Sum in Paper Currency for erecting suitable Buildings for the Eesi dence of the Governor, & the Meetings of the Council & Assembly; and likewise recommended Sam! Smith & John Ladd, Esq'.' of West Jersey to be of His Majesty's Council for this Province. Since which I have had a Meeting with the General Assembly. A Copy of the Minutes of Council containing the Pro ceedings of that Session, and Copies of Six Acts to which I gave my Assent, are transmitted herewith. 1. The first is for Support of Government, and is in 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 389 every respect according to the usual Form, except that 1 have prevail'd on them to increase the Salaries of the Governor, the Chief Justice & Judges, & some other Officers. The Augmentation its true is smaU, Sc no ways adequate to the increas'd Expence of Living in America: But it was aU I could at that time obtain & considering how often this Matter has been fruitlessly attempted by other Governors, it was more than I had Eeason to expect. I am now however, not without hopes that at some future Session I may prevail on them to make a stiU further Addition. — The making the Salaries permanent, agreeable to the Eoyal Instruc tions, I strongly recommended to them by my Speech at the Opening of the Session, but without Effect. The Method they are in of granting the Salaries from Year to Year only has been always customary here, & is I believe the sarae in most if not aU the other Pro vinces on this Continent. It must be a work of Time, & the Seizing of proper Opportunities, before this Matter can be effected. In the meanwhile there is a Necessity for the passing of the Support BiUs in the old Form, as otherwise many of the Officers who have Httle else but their Salaries would be deprived of their Subsistence. 2. The second Act which provides for the Payraent of the New Jersey Eegiment for the Month of Novem ber 1762, your Lordrhips will I imagine think just & necessary, as they were detain'd in the Service during that Month, and the Provision which had been made for them before was only to the Beginning of the Month. This Act is also conformable to all the Acts of that Nature pass'd during the War. 3. The 3* Act, which is for submitting the Property of Lands that are claimed in this Colony, Sc are affected by the Controversy about the Boundary with New York, to such a method of Decision as His Majesty by Commission or otherwise shaU appoint, is conformable 390 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 to the repeated Eecommendations of your Board to former Governors, & what they frequently in vain at tempted to obtain of their Assemblies. As New York has also passed an Act of a similar Nature, there re mains nothing further to be done for corapleating this desirable Work, on which the Peace & Welfare of both Colonies so much depends, but for His Majesty to ap point Comraissioners for adjusting the Matters in Dis pute, as was before done in the Case of Ehode Island & Massachusets. The Managers of the Controversy on both Sides have mutuaUy agreed upon a Number of Gentlemen wUoni they have desired Governor Monckton and myself to recommend to your Lordships in order to be nominated to His Majesty as Corarais sioners for this Purpose. They are all Gentlemen of Character & Fortune, who hold Offices under the Crown, and chosen out of some of the Colomes the most distant frora the Place in Dispute. Thomas Hutchinson, Esq' Lieut Governor of Massa chusets Bay. Peyton Eandolph, Esq' Attorney Gen! & one of the Council of Virginia. Peter Eandolph Esqr Surveyor Gen! & one of the Council of Virginia. Eichard Corbin Esq' one of the Council of Virginia. Chambers Eussell, Esq' Judge of the Admiralty in Massachusets Bay. Andrew OUver, Esq' Secretary of the Province of Massachusets Bay Mark Wentworth, Esq' one of the Council of New Hampshire Since the above Names were given in to me it has been represented by the Gentlemen concerned, that they would be glad your Lordships would have two raore Commissioners appointed, as they think it may thro' various Accidents, very probably happen that out of so sraall a Number as Seven a Meeting of Five 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 391 cannot be obtained, and this salutary Work be thereby delay'd. i. The fourth Act is for indemnifying the Province from what ever Expence the[y] may be put to in hav ing the Boundary Lines settled, and is entirely agree able to the Proposal of the General Proprietors of the Eastem Division. 5. The fifth is an Act for raising a Fund for defray ing the Damages done by Dogs, which, as it is by a Tax on those Animals, I believe wUl be a means of lessening their Numbers, an Effect much to be desired in this Country. 6. The Sixth & last Act is for naturalizing sundry Foreign Protestants, & has nothing in it different from the usual Form of Acts for that Purpose. I am, with the greatest Eespect, My Lords, Your Lordships most obedient, & most humble Servant Wm. Franklin Letter from Governor Franklin to the Lords of Tirade informing them that he will appoiyit a Day of Thanksgiving, that the Indians had re-commenced hostilities in the back country, and measures for protection against them had been taken. [From p. R. O. B. T., New Jersey, Vol. 9, K. 33.] Perth Amboy July 19, 1Y63 Right Hon"?® Lords of Trade & Plantations. My Lords, I had this Day the Honour of receiving your Lord ships two Letters of the 29'!' of April, directing the Mode of corresponding with your Board, and signify- 392 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 ing His Majesty's Pleasure to have a Day of pubUck Thanksgiving to Alraighty God observed throughout this Goverment on the happy Conclusion of a Peace, the Contents whereof I shall duely perform. I wrote to your Lordships the 27'!' of last Month in closing the Minutes of Council, & Copies of Six Acts pass'd at the last Sessions held at Amboy. And I herewith transmit a printed Copy of said Acts, and the Votes of the General Assembly. Your Lordships must have heard before this reaches you, of the Indians having again commenc'd HostiUties in the back Country near the Lakes & the Eiver Ohio. They have not yet made their Appearance in this Prov ince, but as the Inhabitants on the Northern Frontier are apprehensive of a Visit from them, I am taking such Measures as I am enabled to do for their safety. It seeras to me, however, very probable that the steps General Amherst is taking, will, together with the Indians finding that they cannot be assisted by the French, soon put a stop to their further Incursions. If this by any Accident should not happen to be the Case, it will nevertheless be a very easy Matter for the Colonies to fall upon a Method of quelling tUera before tbe Winter. As I ara fearful that this wUl scarcely reach New York in Time for the Pacquet, I can only add, that I ara, with the utmost Eespect, My Lords, Your Lordships most obedient & most humble Servant W? Franklin 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 393 letter from Governor Franklin to the Earl of Egre mont— He will appoint the Day of Thanksgiving — Fresh hostilities commenced by the Indians — is taking measures for the defence of the inhabitants on the Northern frontier. [From America and West Indies, Vol. 172 (190).] Perth Amboy July 19. 1T63 My Lord, I this Mormng had the Honour of receiving your your Lordships Letter of the 26'!^ of March, inclosing the King's Proclamation of the Peace, which I shall, agreeable to what your Lordship has signified to me, cause to be pubUshed in aU the proper Places within this Governraent. The fresh HostiUties committed by the Indians have not yet extended to this Province; but as many of the Inhabitants of the Northern Frontier are alarm'd and apprehensive of Danger, I am taking measures for putting them into a proper Posture of Defence. I am, however, in hopes that General Amherst wiU be enabled to put a Stop to the further Incursions of the Enemy, especiaUy when they find that by the late Definitive Treaty the French will be remov'd to far to afford them any Support. I have the Honour to be, with the utmost Eespect, My Lord, Your Lordship's most obedient & most humble Servant W? Franklin. 394 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 Order in Council approving of Samuel Smith and John Ladd, Esqs., to be of the Council in New Jersey. [From P. R. O., America and West Indies, Vol. 105.] At the Couet at Sf James's the 3 If DAT OF August 1763. Present The Kings most Excellent Majesty in Council. Upon Eeading this day at the Board, a Eepresenta tion from the Lords Commissioners for Trade and Plantations, dated the 4"' of this Instant, Setting forth. That James Hude and Andrew Johnston Esq''^ two of His Majestys Council the Province of New Jersey, are dead, and that Samuel Smith' and John Ladds Esq" have been recommended to them as Persons every way QuaUfied to serve His Majesty in that Station; They therefore propose that they may be appointed of the said Council in the room of the said Jaraes Hude and ^ Samuel Smith was the eldest son of Richard, son of Samuel, of Bramham, Yorkshire, England, who came to Burlington, New Jersey, in 1694. Richard was a member of the Assembly for many years. In 1747 he was appointed a member of the CouncLl, and died while attending one of the sessions of that body, at Perth Amboy, in November, 1751. The subject of this note was bom " 13th Mo., 13, 1720 " (March l.S, 1731, N. S.). Like his ancestf)rs for several generations he was a mem ber of the Society of Friends. — The Burlington Smiths, a Family History, by R. Morris Smith, Philadelphia, 1877, 10, 100-3, 309; N. J. Archives, VH., 6. He was Treasurer of the Western Division of New Jersey, as ea-rly as 1751, and perhaps before that, resigning in 1775. — Minutes Provincial Congress, 1775. pp. 137-8. He and his father had always taken the side of the people against the aggressions ot the Proprietaries, so that when Govemor Belcher, who had been repeatedly a par taker of the generous hospitalities of Samuel and John Smith, recommended the former for a seat in the Council, in 1751, to succeed his father, he was severely reprimanded by the Lords of Trade ; nevertheless, he struggled for nearly two years against admitting Lewis Morris Ashfield, who had been named for the place instead of Mr. Smith.— if. J. Archives, VH., 586, 608; VUI., Part 1, 126-7. Mr. Smith accu mulated a great deal of material for a history of New Jersey, Pennsylvania and of the Society of Friends m both those Provinces, but finaUy selected and published 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 395 Andrew Johnston Esq" deceased His Majesty in Coun cil approving thereof, is pleased to Order, as it is hereby Ordered, that the said Samuel Smith and John Ladd Esq" be constituted and appointed Members of His Majestys said Council in the Province of New Jersey, in the room of the said James Hude and Andrew Johnston Esq''-^ deceased; And that the Eight Honour- ble the Earl of HaUfax, His Majestys Principal Secre tary of State, do cause the usual Warrants to be pre pared for His Majestys Eoyal Signature. W. Sharpe only that covering the early history of New Jersey, which was printed in 1765, at Burlington, whither James Parker accommodatingly removed his printing press from Woodbridge for the purpose, returning when the task was completed. — Hist. Pmnsiilvania,'b-y Robert Proud, Philadelphia, 1797, Vol. 1,4; Proc. N. J. Hist. Soc, September, 1849, 103; History of Printing, by Isaiah Thomas, Worcester, Mass., 1810, Vol. II., 131. The original manuscripts he prepared are now in the pos session of the New Jersey Historical Society. He married, in llth mo., 1741, Jane, daughter of Joseph Kirkbride, who bore him Joseph, Abigail, Sarah, Richard. The last-named was the father of Samuel J. Smith, the " Bard of Hickory Grove."— Smiths of Burlington, 209-10; Miscellaneous Writings ofthe late Samuel J. Smith, Philadelphia and Boston, 1836, 9-10. Samuel Smith, the historian, died at Burling ton, July 13, 1776, after a short illness. The Pennsylvania Gazette, in announcing Uie death, remarked that Mr. Smith was " a worthy and useful member of the com munity. In his several public stations he acquitted himself with ability. Integrity and unblemished reputation; nor was his character less respectable, when con sidered as a member of the religious society of the people called Quakers." See also Biographical Sketch by John Jay Smith, prefixed to the reprint of Smith's History. " Of John Ladd, the father, and John Ladd, the son, much appears in the various records and traditions of their times, which proves them to have been conspicuous persons. They were prominent In the political and religious matters that sur rounded them, and the subjects of much hard talk, for which some of then' defamers appear in no very enviable position. "—J^irst Settlers of Newton Township, Old Glo-ucester County, by the Hon. John Clement, Camden, 1877, 142. The father was a practical surveyor, and assisted in laying out the city of Philadelphia for William Penn, but in compensation preferred £30 cash to a square ol land in the embryo city, which moved Penn to say, " Friend John, thou art a Ladd by name, and a Ladd in comprehension. Dost thou not know this mil become a great city."-J6., 143-5.— [W. N.] 396 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 Letter from the Lords of Trade to Governor Franklin, informing him that no objections will be made to a bill for issuing certain sums of paper money for providing a house for the Governor. [From P. R. O. B. T. New Jersey, Vol. 17, p. 180.] Whitehall Oct. 21, 1763 William Franklin Esq^ Governor of New Jersey Sir We have considered the proposal contain'd in your Letter to this Board of the 10"' of May last of issuing a Sum of Money in Paper Bills of Credit upon loan for defraying the charge of making provision for a House for the Governor, and other necessary publick buUd ings; and as tUe service appears to us reasonable and expedient. We shall have no Objection to acquiescing, as far as depends upon us, in any proper Act that may be formed for issuing such Bills, provided they are issued upon the Terms and under the regulations pre scribed in the Act of ParUament for restraining such paper Bills in the four New England Colonys, which We think a proper example for, and wish was extended to aU His Majesty's Colonies. M- Smith and Mr Ladd, recommended for the vacant Seats in in the Council, have been appointed by his Majesty, and the Warrants for such Appointments are deUvered to the Agent. We are. Sir, Your most Obed? humble Servants, Hillsborough SOAME JeISTNS E? Bacon. 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 397 Letter from Mr. Secretary Pownall to Sir Fletcher Norton, Solicitor General, desiring his opinion whether aliens not naturalized can acquire prop erty or lands in America, either by purchase, grant or leave of the Crown. [From P. R. O., B. T., Plantations General, Vol. 41, p. 309.] Nov. 8. 1763 To Sir Fletcher Norton, His Majesty's SolUcitor General Sir, I am directed by the Lords Commissioners for Trade and Plantations to desire the favour of your opinion whether, as the Laws now stand, aliens not intitled to the privileges and benefits of natural born subjects of Great Britain, under the Act of the 13'?' of his late Majesty Cap: 7, for naturalizing such foreign protes tants and others therein mentioned as are settled or shaU settle in any of His Majesty's Colonies in Amer ica, are capable of acquiring Property in lands in America either by purchase or Grant or lease from the Crown, and as it is for their Lordships Information in a matter now under their Consideration and which must be decided upon on Thursday raorning that I now propose this Question to you, their Lordships hope to be favoured with your answer before that tirae, or that you wiU be pleased to signify, that you cannot make the return so soon as desired. I am with great respect Sir &c John Pownali, 398 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 Letter from William Franklin, Esq., Governor of New Jersey, to the Lords of Trade, containing an account of his proceedings with the Assembly with respect to the means of repelling the hostilities of the Indians. [From P. R. O. B. T. New Jersey, Vol. 9, K. 34.] Burlington, Dec^ 5. 1763 My Lords, I have this moment the Honour of receiving your Lordships several Letters of the 28'.'' of Sept- & the 7"' 10'!' Sc 11'." of October, aU by the Pitt Packet. As she is to sail again in a few days from New York, and the Post which is to pass by here in less than Half an Hour wiU be the only one that can reach her, I have Uttle more in my Power at present than just to assure your Lordships of ray strict CompUance with the Di rections these Letters contain. The Assembly of this Province are now sitting, be ing summon'd on a Eequisition frora Sir Jeff. Amherst to furnish 600 Men, to join such Forces as shall be raised in New York, for marching early in the Spring into the Indian Country, in order to chastise the Sen ecas and other Savages to the Northward who are committing Hostilities against the English. I am exerting all my Endeavours to prevail on them to grant what is required: But I am apprehensive that the Ex ample of the Assembly of New York (who have post- pon'd complying with the Demand made on them till 'tis known wUat the New England Colonies will do on the Occasion) may influence this Assembly to the Uke Delay. However, I believe I shaU get tUera to raise in the raean Time 200 Men to be stationed as a Guard on the Frontier ; and I make no doubt, frora some Assurances they have given me, but that at a future Sessions they wiU comply with their Share of the Eequisition. And, indeed, unless the Colonies do 1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 399 come into some such offensive Measures as are pro posed, it will be impossible to put an End to the In dian War. The Savages have carried their Barbarities to a greater Length than ever they did before, and ap pear to aim at a total Extirpation of the English. What has been their Motive for acting in this out rageous Manner I cannot learn. Those who pretend to know most of the matter differ so widely that no Dependance can be plac'd on their Opinions. As the Indians made no formal Complaints before they com menced HostiUties, which is their general Custom ; I am incUn'd to think they have been tempted by the great Quantities of Goods which were carried into their Country. They had, during the late War, tasted the Sweets of Plunder, and had reason to think that the English rather than suffer so much as they neces sarUy must from an Indian War, would be glad to make Peace with them whenever they thought proper. Some Jealousies which were instiUed into their rainds by the French Priests and other Emissaries may like wise have contributed iu some Degree to occasion their Defection: But whatever may have been the real Cause, this is most certain, that it is in the Nature of Indians to have a thorough Contempt for the nation who would make a Peace with them without having first made them feel severely in the Vv^ar : And. of consequence, they may be expected to renew their HostUities upon every convenient Opportunity. What Sir Jeffrey Amherst's Eeasons were for not caUing on the New England Colonies I know not. I wish, however, that he had thought proper to do it, as it might have prevented this Province & New York delaying their Share of the Eequisition. General Gage, who succeeds in the Command, intends, I am informed to apply to them. If they comply on their Parts, I am in hopes we shall be ably to get together a considerable Body of Forces for an Early Spring Cara paign. 400 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Enclosed is a printed Copy of my Speech, by which your Lordships wiU see what Steps I have taken for the Defence of our Frontiers, &c. By the next Opportunity I shaU send your Lord ships an Account of aU the Transactions of this Ses sions of Assembly, as I did that of the last by the Ves sel in which Gen! Monckton went Passenger. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships most obedient & most humble Servant W^ Franklin P. S. I have wrote since my Arrival here, four let ters to your Lord"." of the foUowing Dates, viz. May 10, June 27, July 19, & Aug'.' 6, which, tho' the re ceipt of them has not been acknowledged, I suppose must have got safe to hand, as I have answers to aU the private letters I wrote by the same Opportunities. The Countess of Leicester Pacquet, which sail'd be fore the Pitt, is cast away, & the Mail said to be lost. Perhaps your Lordships may have sent some De spatches by her. Letter from Governor Franklin to the Lords of Trade relative to an actfor raising levies for the defence of the province, and to other acts lately passed there. [From P. R. O. B. T., New Jersey, Vol. 9, K. 36.] Burlington Jan-'.^ 20, 1764 To the Lords of Trade My Lords I did myself the Honour of writing to your Lord ships the 5'." of last Month, when the Assembly of this Province were sitting here. Notwithstanding all my Endeavours I could not prevaU on them to grant the 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 401 General's Eequisition of 600 Men at that Time, because the New York Assembly had before postpou'd comply ing with the Eequisition made on them, until they shoidd be acquainted vdth what Part the New England Colonies would act on the Occasion. The Assembly however gave me Assurance that as soon as the Eoyal Pleasure should be signified with regard to the Indian War, and the Determination of the other Colonies were known, they would grant aU that could be reasonably expected of them. I have since received His Majesty's Orders, in a Letter from the Eight Honourable the Earl of HaUfax, and shall in pursu ance thereof summon the Assembly, and once more press upon them the complying with the Eequisition of His Majesty's General. All that could be obtained of them at the last Session, was, to grant 10,000£ Cur rency for the Support of the MiUtia I had march'd for the Protection of the Frontiers, and to raise 200 Pro vincials to serve there until August next if necessary. The Act which was pass'd for this Purpose is exactly conformable to aU the Acts of the same Nature pass'd during the War. There is a Provision in it for strik ing a Sum to exchange the torn and defaced BiUs of former Emissions, but this makes no Addition what ever to the Currency. The Objection I made to this Act, and the Necessity I was under of passing it, your Lordships may see in the Privy Council Minutes of the 6'!' of December sent herewith. I had, moreover, Letters from Sir Jeff ery Amherst and General Gage, urging frora some InteUigence they had received, &c. the Necessity there was of something being immediate ly done for the Protection of our Frontiers, which were now become very extensive by reason of the back Inhabitants of New York & Pensylvania having abandon'd their Settlements. There were 19 other Acts passed at the last Sessions, all which I shaU transmit to your Lordships by the 402 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 first convenient Opportunity. None of them are of a new or an extraordinary Nature, unless it be the "Act to set aside the Partition of Lands in the County of Hunterdon, lately made by Virtue of a Writ of Par tition, between the sons of George Leslie deceased," Scc. This, however, being a Private Act, I did not give my Consent to it, till tUey had added a Clause sus pending the Effect thereof tiU His Majesty's Pleasure sUould be known. There is likewise an Insolvent Act, & an Act for continuing the old Militia Law. The others are chiefiy for draining Meadows, making Eoads, Bridges, &c. and were passed with the Consent of aU the Parties any ways interested therein, after due Notice given. I am, with the utraost Eespect, My Lords, Your Lordships most obedient, & most humble Servant. W? Franklin Letter from Governor Franklin, to tlie Lords of Trade, in answer to their Lordships' letters, relative to the transmission of public papers — the revenue — and issuing a sum of money in paper bills on loan, for defraying the charge of erecting public buildings. [From P. R. O., B. T., New Jersey, Vol. 9, K. 39.] Burlington, Feb'".'' 8, 1764 To the Lords of Trade My Lords Your Lordships mention, in your Letter of the 7'!" of October, that there has been a Neglect of transmitt ing the Papers and Accounts required by His Majesty's Instructions to his Governors in America. As to my- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 403 self, I have regularly sent over the Acts which were passed, and the Minutes of Council and Assembly of each Session, together with the PubUck Accounts, as soon as they could be got ready. The Custom House Accounts, indeed, have not been sent, owing to my not being able to get any Person to act Naval Officer iu the Western Division, there being scarce any Trade there; and as the Naval Ofiicer in the Eastern Division don't make above Five Pounds a Year of his Office, he thinks it scarce worth his whUe to be at the Trouble of making out the Accounts: He has, however, prom ised me to do it, so that I may have them to send by the next Ship to England. If any particular Papers or Accounts should be wanting, which ought to have been sent, either in my Time or in that of my Prede cessors, I shaU readily transrait them, upon receiving your Lordships Directions. As this Province has scarce any foreign Trade, the Inhabitants being chiefly Husbandmen, who sell their Produce at New York and Philadelphia, and there pro vide themselves with aU the European and West Indian Commodities they have occasion for, the Eevenue aris ing from the Duties of Custoras (mentioned in your Lordship's Letter of OctF 11,) must consequently be very inconsiderable. Indeed I don't see that much Revenue could be expected from any of the Colonies from that source, as the Duties laid on Foreign Eum, Sugar, & Molasses, (which are the Principal Duties) must have been intended to amount to a Prohibition; ' and they certainly soon would have had that Effect, if theybad been exacted: But the Custom House Officers (upon finding that the North American Colonies could not do without that Trade, as our own West India Islands did not afford a sufficient Supply) entered, as I am told into a Composition with the Merchants, and took a Dollar a Hogshead, or some such small matter, io Lieu of the Duties imposed by Act of Parliaiuent, 404 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Whether they afterwards remitted this Composition Money to England, or render'd any Account of it, is without my Knowledge. It seems, however, to be Agreed on all Hands, that if the Duties were lowered, they would be regularly paid, and a considerable Eeve nue arise from thence to the Crown. At present there are great Murmurings among the Merchants, and others, in North America, on account of the Stop put to that Trade; and I suppose your Lordships vdU shortly have an Application made to you for Eedress. Your Lordships Letter of the 21st of October, rela tive to the Issuing a Sum of Money in Paper BUls on Loan, for defraying the Charge of erecting PubUc Buildings, I have not yet communicated to the Assem bly, as I know they wiU not think of going into the Measure while the Indian War continues. Upon con versing, however with some of the Members, I find that they are apprehensive it will not answer, as it is restricted to the Eegulations prescribed by the Act of Parharaent for the Four New England Colonies, which limits the Currency of the BiUs to Five Years, and this is thought too short a Term to induce a sufficient Nuraber to become Borrowers. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships, most obedient, and most humble Servant W^ Franklin 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 405 Representation to His Majesty concerning the revival of the bounties upon hemp, the paper currency in American Colonies, and the duties upon beaver skins; also upon the application of the New Eng land merchants relative to the duty upon whale fins. [From P. R. O. B. T., Plantations General, Vol. 41, Page 343.] Whitehall, Febry 9'" 1764 To the King's most Excell' Majesty. May it please your Majesty, Several Memorials have been presented to us by Merchants and others interested in the commerce carried on between this Kingdom and Your Majesty's American Colonies, and concerned in those Manufac tures which have been and may be more improved and extended by the increase of raw materials from the Plantations, complaining of the obstructions which that commerce meets with from the ill regulated state and condition of the pubUck credit in some of the Colomes, and setting forth the Advantages which may be derived to this Kingdom, from a proper attention to many circurastances arising from a variety of cUmate, fertiUty of soU, & richness of produce of this vast and extensive part of your Majesty's Dominions. These Memorials relate to, Pirst, The legal tender which is stiU annexed to the paper BUls of Credit of those Colonies which are not included in the Act of the 24':^ of His late Majesty for restraining such paper BUls of Credit, and preventing the same from being legal Tender within the New England Governments. Secondly, The expediency of encouraging the im portation of Hemp from America into this Kingdom, 406 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 in order to induce the Colonies to enter more largely into the Culture of that valuable Commodity; Thirdly, The State of the duties paid upon the im portation, and the drawbacks aUowed upon the Ex portation of Beaver Skins; Fourthly, The duties now payable upon the im portation of whale Fins, the produce of the American Seas. As these several points appear to us to be of very great importance to the Commerce and Manufactures of Your Majesty's Dominions, and to the reciprocal in terests of Your Majesty's Colonies & this Kingdom; We thought it our duty to take them into our serious consideration; and having been attended by, and heard what the MemoriaUsts had to offer in support of their several Allegations, and consulted many other persons, who are interested therein, or who, by their experience or Knowledge in the Affairs of Your Majesty's Colonies, might be able to furnish us with the fuUest lights and information; We humbly beg leave to lay before Your Majesty our Sentiments upon the whole, and to submit to Your Majesty such propositions as appear to us necessary to be offered to the consideration of Par liament thereupon. The bad effect and pernicious operation of the legal Tender annexed to paper Bills of Credit are universaUy admitted, and Uave been severely felt in most of Your Majesty's American Colonies, and to shew the sense of the Merchants of the principal Cities of Great Britain upon this subject, we beg leave to subjoin their Me morials No. 1. 2. 3. 4. complaining of the losses they have sustained, and the confusion that has arisen from the introduction of this irapolitick, as weU as fraudu lent System into the Colonies of Virginia and North Carolina. We are not sufficiently inform'd to say with Cer tainty, in what manner, and from what causes this 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 407 absurd and destructive notion of converting paper BiQs of Credit into legal Currency first took it's rise, not being in possession of the antient Eecords of the Colony of the Massachusetts Bay, where we apprehend it first begun ; but we conceive, that between the years One thousand six hundred and Eighty Nine and One thousand six hundred Ninety two that Colony, growing necessitous from the expences incurred chiefly on account of Sir WiU"? Phipp's Expedition against Canada, borrowed money, in a method of which we are not particularly apprized, upon such security and under such terms and conditions, that the notes or Bills given for the same carried with them such a de gree of credit, that they passed in deaUngs and trans actions with as Uttle difficulty as Bank BiUs do now in this kingdom. The first obvious effect of these Notes thus from their credit passing in payment, was the exportation of almost aU the Gold and Silver in the Province ; and the Necessities of the Government at the same time increasing without a possibiUty of finding Funds to give sufficient Securities for the principal and interest of money to be borrowed, soon made it necessary for the Assembly to turn their thoughts to some new method of answering the pubUck Exigencies ; and the beforementioned notes being in part paid off, after having occasioned the exportation of most of the Gold and SUver, the apparent want of a medium of Trade and Commerce furnished a further pretence for a new scheme of paper Credit ; and that this is no uncertain conclusion, will evidently appear from the first Act of the general Court of the Massachusetts Bay that we are in possession of; which act, reciting the extreme scarcity of money, and want of other medium of com merce, gives an additional advantage to a new emis sion of paper BiUs of Credit, by directing that they should pass and be received in all publick Payments at i08 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 the advance and after the rate of five per Cent which additional advantages the General Court was probably induced to give from an apprehension that without such advantages these new BiUs would not carry suf ficient Credit to make tUem pass, so as to answer the general purposes of trade and government. This expedient we presume had it's effect for some years ; for we do not find any depreciation of these bills of credit from their original nominal value of one hundred and thirty six pounds for one hundred pounds sterling till the year 1705 ; when one hundred pounds sterling became worth one hundred and forty pounds Currency ; from which tirae they continued at every new emission graduaUy to depreciate, until the year 1711 ; when one hundred pounds Sterling became worth one hundred and fifty pounds Currency ; Dis putes then arising between Debtors and Creditors upon taking these biUs in payment for Debts contracted be fore the depreciation, the General Court thought fit to enact, that these paper BUls should be a legal Tender in aU payments tUl the year 1715 ; and we find after wards, that the same regulation was continued to the year 1730. The palpable fraud of this regulation in 171 1 is so glaring, that it is impossible to suppose, that the Gen eral Court was not sensible of it ; for by this law every Creditor, who had lent his money before the deprecia tion, was defrauded of the whole difference ; and as every new emission was constantly foUowed by depre ciation, the fraud was increased to such a degree, that many fair Creditors and other persons not in debt lost half or three fourths of what was due to them, and of their personal Estate. The Grievance at length became so enormous in this and in the other Colonies upon the Continent of America, almost aU of which had foUowed the exam ple of the province of the 'Massachusetts Bay iu issuing 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 409 paper BiUs of Credit, and making them legal tender, tho' upon different principles and under different regu lations; and this practice had so pernicious an opera tion, not only within the Colonies themselves, but also upon their commerce and dealings with this Kingdom, that the House of Coramons thought proper in the years 1739 & 1740 to take up the consideration of the dangerous state of publick credit in the Colonies, and to interpose in order to stop those abuses, which the Crown had in vain endeavoured to check by its own authority ; and on the 14'." of AprU 1740, upon fuU consideration thereof. They unanimously resolved. That the creating paper BiUs oi Credit and declaring them to be legal Tender in all payments had been a great discouragement to the commerce of this King dom, by occasioning a confusion in dealings, and a lessening of credit in tUose parts; And that the instruc tions given bythe Crown to the several Governors not to assent .to any Acts for making such bills of Credit without Clauses suspending their Execution untili the Crown's pleasure could be Known, ought to be en forced and duly observed. These Eesolutions however, in which the sense of one branch of the Legislature was so clearly & fully expressed, had not the effect to restrain this destruc tive practice, and the quantity of this paper Currency having been greatly increased on account of the real or pretended exigency of the service during the war with Prance and Spain, the Mischiefs of it were severely felt, as weU by the Merchants of Great Britain, as by the Colonies themselves; and occasioned another par liamentary enquiry, which produced the Act passed in the 24''' of His late Majesty for restraining such paper BiUs of Credit in the New England Governments; But we beg leave to observe to Your Majesty, that the Limitation of this Act to those Governments did not arise from any opinion which our Predecessors in 410 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 office, who supported this BiU, had entertained, that the reasonings and principle upon which it was founded were not equally applicable to the other Colonies, but from an unvdlUn gness in parUament to involve those Colonies, whose conduct had not been complained of, in a measure, that, at the same time that it restrained was intended as a just censure of the Conduct of those to which it was appUed; For that Board of Trade, which upon many other occasions, as weU as in this instance, has very eminently distinguished itself, appears to have had the clearest conviction, that this measure of declaring paper bills of Credit to be a legal Tender, was false in it's principles, unjust in it's foundation, and manifestly fraudulent in its operation. What we shaU humbly propose to Your Majesty is founded upon the same principles, which appear to have been the rule of the conduct of that Board; and our intention is not to convey censure upon any par ticular Colonys, but to suggest a general regulation, upon fuU conviction that it is necessary, as weU for the security and interest of the Colonies themselves, as of the trade and commerce of this Kingdom. It is not necessary for us to enter into many Argu ments to evince, that the practice of making paper bills of Credit a legal tender is absurd, unjust and im politic, being supported in this opinion. By the ex perience of it's effect in every Colony where it has been practiced to any great degree; By the sufferings and Losses of the Merchants trading to America, By the opinion of our ablest Predecessors at this Board; — By the Eesolutions of the House of Coraraons, and the Orders of the Crown thereupon; — By the sense of the whole Legislature expressed in the Act of the 24'!' of the late King; — And by the beneficial effect of that Act in the Colonies to which it was applied, more par ticularly in the province of Massachusets Bay; where, tho' by the extensive operation of the War in North 1764] ADMINISTRATION OF GOVERNOK FRANKLIN. 411 America they were obUged to make greater efforts in every respect, than was ever required in any former War; yet such was the state of pubUck Credit under the effect of this law, that larger suppUes were raised and with more satisfaction and faciUty than was ever Known before. It would otherwise not be very difficult to shew, that a Medium of Trade must in its nature not only be a measure of the value, but the equivalent; and that in a Country which has any foreign Trade, the equiva lent must be of a material which is universal & of in trinsic value, which paper BUls of Credit, created in any particular Country, never can be; — That different Countries must agree upon the material for this meas ure and equivalent, which they have tacitly done in favour of Gold or Silver; but never will or did, or can do so with regard to Paper; — That Gold or SUver are the materials fittest for this measure and equivalent, for several reasons too long to enumerate; and that Paper is perhaps as unfit as anything can possibly be; aU which would be enough to evince the absurdity of this measure. If we were to enter into a discussion of the Fraud & Injustice of it, we should find it only necessary to referr to effects of the depreciations in the several Colonies, where debtors have been enabled to pay their debts with three or four ShUlings in the pound, merely by Majorities of Men under that Description in the Assem blies making new and large eraissions of paper BiUs. — For these BiUs have but one property in comraon with real money, which is that the larger the quantity, the less the value with regard to other Commodities; and this perhaps may arise from the quantity effecting the credit, as in the other case the quantity overstocks the market — thus it would easily be made to appear that Fraud and Injustice are and must be the attendants upon this practice. 412 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 And as nothing can be consonant with true poUcy that is absurd and unjust, that consideration would be sufficient to shew, that this strange and deceitfuU sys tem is impolitic; but when added to this, we consider, that such a paper Currency in a coraraercial country banishes the real mediura of Trade, Gold or Silver, and that such a country is paid in paper, and pays and must pay either in Gold or Silver, or its other valuable Coraraodities, we humbly presume the art of man can not contrive any measure more ruinous & destructive to the unhappy country, where it is aUowed to take place. It will we trust appear to Your Majesty from what has been said, that the practice, which at present pre vails in those Colonies, not included in the Act of the 24'" of His late Majesty, of issuing paper Bills of Credit upon pretence either of discharging pubUck debts, defraying publick Services, or establishing a Medium of Commerce, which Bills bear no Interest, are in some cases redeemable at very distant periods, and in other cases have no fund at aU for their Eedemption, and the compelling persons by law to receive these Bills at an arbitrary, artificial and nominal value, is of the most pernicious nature, destructive of publick Credit, ruinous to the Colonies themselves, and highly injuri ous to the Commerce of this Country; and that the Complaints lately made by the Merchants of the prin cipal trading Cities in Great Britain of the prejudice which they have sustained from this practice do call for that redress from Parliament, which, as We have before observed, the Crown has in vain endeavoured to obtain for them by its own Authority. It has been urged upon this occasion, that the Com plaints of this practice are merely confined to Virginia and Carolina; and that in the middle Colonies the pub lick faith has been preserved, and no inconvenience has been found to attend this practice; but on the con- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 413 trary, that it has produced very beneficial Conse quences: This however wiU, we humbly conceive, appear upon examination not to be founded upon fact; for tho' the Credit of the BiUs in these provinces has been better supported than the Credit of those of other Colonies; yet they have never Kept to their nominal value in circulation, and have constantly depreciated to a certain degree, whenever the quantity has been increased; But if the Fact could be admitted, as 'it is stated; yet it would be no argument in favour of a practice in its nature founded in fraud and injustice, which are stamped upon the Bills themselves, by com pelling aU persons to receive that as lawfuU money which has no real intrinsic value in itself . It is this circumstance of declaring those Bills to be a legal tender, which we humbly conceive constitutes all the fraud and abuse attendant upon this practice; and that, if this was not allowed, the Colonies, when ever they should find it necessary to make use of their publick Credit, would be constrained to do it in a just and equitable raanner; and therefore we humbly sub mit to Your Majesty, whether it may not be advisable to move in parUament for a BUl to enact. That all Acts, Orders, Votes or Eesolutions, which shaU be hereafter passed or made in any of the American Colo nies, by the provision, effect or operation of which, any paper BiUs or Notes, commonly called Bills of Credit, which may be created or issued in the said Colonies, shaU be declared to be or any ways enforced as a legal Tender, shaU be nuU and void to aU intents and purposes; as also aU Acts, Votes or Eesolutions, by which the periods fix'd or Funds established for the redemption and discharge of such paper BiUs of Credit, as are now existing and passing Current in the said Colonies in virtue of any Acts, Orders, Votes or Resolutions heretofore made or passed, shaU be post poned, or anyways altered or changed; or by which 414 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 the said BiUs of Credit, or any part thereof shall be re-emitted, or obtain any new or further Currency. That any Governor, Lieutenant Governor or Com mander in Chief in any of the said Colonies, who shall give his Assent to any Act, Order, Vote or Eesolution, contrary to the abovementioned Eegulations and Limitations, shaU forfeit one thousand pounds, and be rendered incapable of serving Your Majesty in any Employment, Civil or Military. That no Bills of Credit, now existing in the Colonies and passing Current in payment there, shaU be a legal tender after the expiration of the periods fixed for their Eedemption, by the several Acts, Orders Votes or Eesolutions by which they were created and issued, and that, in cases where BiUs of Credit do exist and pass current in payments without any periods fixed, or Funds established for their redemption, such BiUs " sUaU cease to be a legal Tender from and after a cer tain time to be limited in the said BiU. The second consideration, which we beg leave to lay before Your Majesty, respects the expediency of giving encouragement to the importation of Hemp from the American Colonies; and we humbly represent to Your Majesty, that, among the many Laws which have been passed from time to time for securing to this Kingdom the commercial Advantages of the Colonies, those for encouraging the importation of Naval Stores, do, both from the wisdom of their provisions, and the benefit of their operation, deserve particular attention; The Articles, to which these Laws at present apply their encouragements, are Masts, Yards, and Bowsprits, Pitch, Tar, & Turpentine, upon the importation of which certain premiuras are paid; and of late years particular encouragement has also been given with great success to the importation of American Iron, by admitting it to be imported in Bars free of duty under stated regulations. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 415 When the Premiums upon the aforementioned Arti cles of Naval Stores were first estabUshed, that of Hemp was with great propriety included among the rest, and so continued until the year 1740; but the bounty not having in the course of many years experi ment produced any effect, it was, either from want of attention, or from despair of it's success, suffered to expire in that year. The inefficacy of this Bounty is, we conceive, chiefly to be attributed to the foUowing Causes; viz- First, That those Parts of America, which are most advantageously situated, and by nature best adapted to the Culture of this Commodity, as Nova Scotia and the Eastern parts of New England, remained during the continuance of the bounty without any consider able Settlement or Inhabitancy. Secondly, That in the other settled Colonies, where this Comraodity might have been raised, the Planters had engaged in other Articles of Culture, from which they derived a very great and more certain profit. Thirdly, That there was no encouragement to the importation of Iron from America, which is a neces sary article to alleviate the expence of the Freight of so bulky a Commodity as Hemp in so long a Voyage. These obstructions however do now, not only, no longer remain, but new prospects of advantage in this beneficial Culture are opened; for as on the one hand Nova Scotia and the contiguous parts of New England are now in great measure settled, and Your Majesty's Dominions extended by the invaluable Acquisition of Canada; so on the other hand the established Articles of produce in other Colonies, which engaged the first attention of the Planters, more especiaUy Eice and Tobacco, have been push'd to their utmost extent; and those Planters scarce find a Market for what they raise; and therefore have begun to turn their thoughts and labour to the production of other Articles, more 416 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 especiaUy of Hemp, considerable quantities of which are now actuaUy raised in Pensylvania, Virginia and the CaroUnas. From these considerations the Merchants trading to the Colonies have, in Conjunction with the respective Agents, requested by a Memorial, a Copy of which is hereunto annexed No. 5 Bundle E 18. that the bounty allowed by tbe former laws upon the iraportation of Hemp from America may be revived and enlarged for a certain time. We shaU not upon this occasion enter into a discus sion of every advantage, that will accompany the ob taining Hemp from the British Colonies; it w^Ul be suffi cient to say, that it is for the Interest of this Kingdom in every light, both poUtical and comraercial, to secure a supply of so iraportant an Article, which is not only a very valuable material of manufacture, but is also essential to the Commerce, the Strength, and the Security of this Kingdom, and for which we have hitherto remained in a dangerous state of dependance upon foreign Nations. The only consideration therefore is, whether Hemp can be supplyed from America of such quaUty, and at such price, as, all things considered, may make it adviseable to encourage its growth there, and the in troduction of it from thence into this Country. As to the quaUty of the American Hemp, it no lon ger, we presume, remains a doubt, that it is as good as that imported from Eussia; and as a proof of this, we humbly beg leave to subjoin a Copy of a report (No. 6,) Bundle E. 35, made to us by the Commission ers of Your Majesty's Navy, of the effect of several trials made in Your Majesty's Yards; by which it ap peared, that the American Hemp was in its nature of equal strength and goodness to the best Eussian Hemp, tho' inferior in some circumstances frora a want of skill and attention in the preparation of it. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 417 The main obstacle to the Importation from America of this and many other materials of Manufacture, for which we now chiefly depend upon other Countries, is the disproportion in the price, arising from the ex cessive dearness of labour in the Colonies, and from the difference tn the charge of Freight. From the best Information we have been able to procure, we flnd that, before the late war, the medium price of a Ton of Eussia Hemp at the lowest computa tion (Freight included, which is about forty shUUngs f Ton) was fi'ora Twenty one pounds to Twenty two pounds ^ Ton; and that a Ton of American Hemp could not be afforded here for less than Twenty nine pounds ^ Ton, including the Freight, which is stated at four pounds ^ Ton at the least. The difference however in the charge of the Freight arose in some degree frora the difference of shipping and method of package, it being stated, that the ships used in the Trade to the Baltick and East Country are less expensiye and more roomy, than those used in the American Trade, insomuch that, tho' a Baltick Ship, which measures two hundred Tons, will take in one hundred & seventy Ton of Hemp; yet an American Ship, of the Uke admeasiireraent, will not receive more than from one hundred & ten to one hundred and twenty Ton; and it is further stated, that they have a method in the Baltick Ships of strewing down the Hemp in the Ships hold, by which means they stow the greater quantity. Another circumstances, which has operated in some degree to aUeviate the charge of the Freight of Hemp from Eussia, has been the bringing with it a Cargo of Iron, which, at the same time that it is an Article of great intrinsic value in itself, and produces great profit to the Importer, is in it's nature, as we observed be fore, the best adapted to assort with a cargo of so light and bulky a commodity as Hemp. 37 418 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 AR these Circumstances however, which do now operate in favour of the Eussia Hemp, to the disad vantage of America, are evils which wiU, under proper encouragement, work out their own cure ; for there can be little doubt but that such encouragements wiU introduce the same sort of shipping and the same method of package, now used in the Eussia Trade ; and as most, if not aU the Colonies, where this Com modity either is or may be produced, do Ukewise pro duce Iron, equal in goodness to what we now receive from the Northern parts of Europe, the same advan tage, in point of Fi'eight, and every other that is stated to arise frora this favorable circurastance to the Hemp of Europe, will in a few years equally attend that from America. The difference in the prime cost of this material arising frora the difference in the price of labour will undoubtedly for some time have an effect to the dis advantage of the American Hemp ; and to remedy this EvU is one of the principal objects of the applica tion for this bounty ; But we have good reason to hope, that the necessity of a large bounty on this ac count will not be of long continuance, as the price of labour in general will diminish in proportion as the number of Inhabitants increases ; and as there is an immediate prospect of the culture of Hemp succeeding in Canada, where from the number of Inhabitants labour is cheaper than in other Colonies, where the nature of the Soil in many parts of it is pecuUarly adapted to the raising of this Commodity, and where the best Iron in the world is produced. There is another circumstance arising from a consid eration of this matter, which we humbly conceive to be of the greatest importance, and which appears to us greatly to favour a reasonable encouragement to the importation of this material, which is, that it is already manufactured in the Colonies, not only into 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 419 Cordage, but also into Linnen of various species ; and there is great reason to fear, that, unless some Chan nel of beneficial exportation of it, as a raw material, is soon opened, these Manufactures wiU be greatly in creased and extended, contrary to that policy, upon which the mutal Interests and Coraraerce of this king dom and the Colonies do so essentially depend. In order therefore effectuaUy to open this Channel of exportation, to encourage the introduction of a proper species of shipping, and to reduce the price of the American Herap to nearly the same level with the Hemp from Eussia, We are humbly of opinion, that Hemp imported from Your Majesty's Colonies, under proper regulations in respect to the quaUty of it, sUould be intituled to the foUowing Bounties, payable for a Term of twenty one Years, divided into three equal periods, viz': For the first seven years eight pounds ^ Ton. For the second seven years six pounds f Ton. For the third seven years four pounds ^ Ton. The third proposition, upon which we shaU humbly beg leave to submit our sentiments to Your Majesty, arises from a consideration of the present state of the duties Sc drawbacks upon Beaver Skins imported and exported ; and we humbly crave Your Majesty's per mission to lay before you the annexed Copy (No. 7) of a Meraorial presented to Us by the makers and venders of Hats in Your Majesty's Cities of London and West- mmster, stating the disadvantage they lye under from the manner iu which these duties are at present regulated. By the regulations of the duties upon Beaver Skins, as they stand at present, each Skin pays upon import ation Seven pence lo I ; and there is a drawback of four pence I, H of the said duty upon exportation. The makers and venders of Hats aUege, that these Begulatioos operate by Means of the Drawback upon 430 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Exportation to supply the French and other Foreign ers with this Material of Manufacture, at a cheaper or at least at as cheap a Eate as it can be procur'd here, loaded with the present Duty upon Importation ; so that by this Means, and by Means of other Advan tages which the French have from the Cheapness of Labour, they have been enabled to supply the Foreign Markets, more particularly those of Portugal, with Hats, which were heretofore suppUed frora this King dom ; and therefore they desire, that this Drawback upon Exportation may be taken off, and a Duty sub stituted in its Place, both upon Beaver Skins & Beaver Wool. As the MemoriaUsts, in order to support their Alle gations, as to the Decrease in the Exportation of Hats, referred themselves to the Custom House Books, we have thought proper to procure from that office an Account of the Exportation of Hats to foreign parts, in three different periods ; viz' First period, from Christmas 1735 to Xmas 1738 ; Second period, from Christraas 1750 to Xmas 1753 ; Third period, from Christmas 1759 to Xmas 1762. From these Accounts, Copies of which are hereunto annexed (No. 8. 9. 10.) it will appear to your Majesty that there is a very great Diminution in the Exporta tion of Hats to Portugal in the last period, more par ticularly in the last Year of it, when the Quantity of Beaver Hats exported to that Country, which at a Medium of the two first periods, amounted to upwards of 13,000 Dozen annually, does not amount to raore than 2,397 Dozen. This Decrease in the Exportation of Hats to Portu gal raust not, however, be charged intirely to the Ac count of any Advantage, which the Exportation- of Beaver Skins frora this Country derives from the Drawback of a part of the Duty ; it is a CircuTnstance of Disadvantage to the EngUsh Manufacturers, much 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 421 too mconsiderable to produce, of itself, such an Effect; which is rather to be attributed to the great Increase in the Price of Labour in this Country, more particu larly in the MetropoUs, and to the Discredit which, we are sorry to say, many of our Manufacturers have fallen into in foreign Markets, from a Deceit and Un fairness in their Fabrick ; It is nevertheless apparent, that the Drawback upon the Exportation of Beaver Skins, of which this Kingdom has now, by the Acqui sitions of the late definitive Treaty, almost a Monopoly, does give an Advantage to the foreign Manufacturers, that ought in Justice and poUcy to be thrown into the other Scale, if it can be done without prejudice to the Trade in general ; But it is aUeged by the Hudsons Bay Company and other Importers and Exporters of Beaver Skins, by whom we have been attended upon this Occasion, that as not much more than one half of the Beaver Skins imported are worked up in our own Manufactures, the taking off the Drawback, and im posing a Duty in Ueu thereof upon Exportation, as proposed by the makers and Venders of Hats, wiU, in its Consequences, affect their Trade in this Commod ity, by not only encouraging and encreasing the ilUcit Exportation of it from the Colonies directly to foreign Markets, but wiU also encourage the Manufacture of Hats in the Colonies, which is now carried on to a great Extent, particularly in the province of New York, contrary to that policy, which we have before mentioned in the Case of Hemp, and which is so es sential to the mutual Interests of this Kingdom and the Plantations. Prom a Consideration of these Facts and Arguments it appears to us, that the best Method of giving that Relief to the Manufacturers of Hats, which their Case appears to require, without incurring the Eisque of SmuggUng, or a Deviation in the Colonies from their true Interest, wiU be to take off the Duty now paid 423 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 upon the Importation of Beaver Skins, which we humbly conceive to be a Heavy Burthen upon Trade, and inconsistent with those general principles, which appear of late Years to have been wisely adopted by the Legislature of this Kingdom, in taking off those Duties which the Error of former times had imposed upon the raw Materials of Manufacture ; And that, in lieu of such Dutys now paid upon Importation, the following Duties should be imposed upon Exportation of Beaver Skins, viz? upon every Beaver Skin £0. 0. 7 and upon every pound of Beaver Wool £0. 1. 6. Which Duty upon Beaver Wool is proposed to be lower in pro portion than that upon the Skins, as the cutting the Wool from the pelt is in sorae Degree a Manufacture in itself, and leaves the pelt here an useful Material in another Manufacture, producing an increase in the Eevenue of Excise. We would however hurably recommend, that one penny pT Skin should continue to be paid upon aU Beaver Skins imported, in order to insure certain and regular Entries of the Quantity, and thereby enable your Majesty to judge of the true State of the Trade. We find, upon Enquiry, that some Beaver is im ported and exported, cut into smaU pieces, and passes under the denomination of Cut-Beaver; in Order, there fore, to prevent any Evasion of the payment of the duty upon Exportation, by exporting Beaver in this Shape, we would humbly recommend, that the Expor tation of Cut-Beaver should be entirely prohibited. These Alterations in the duties upon Beaver, con sidered in a Commercial View, are unanimously ap proved by all parties, by whom we have been attended upon this Occasion, excepting only with some hesita tion on the part of the Hudsons Bay Company, who, having an exclusive possession of a very great part of the Beaver Trade, have private Interests, separate from, and, there is too much reason to fear, adverse to 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 433 those of the public, the promoting of which has been the great Foundation of those Measures your Majesty has thought it advisable to pursue in the Eegulations laid down for encouraging a free and open Trade to aU your Subjects in America. We humbly hope therefore that what we have pro posed vdU have your Majesty's Approbation; and that it wiU appear to your Majesty to be not only just in its general principles, but conducive to the EeUef and Advantage of the Manufactures of this Kingdom, as far as can be reasonably expected or desired, without prejudice to the Importers & Exporters of Beaver Skins, or the hazard of increasing Smuggling. How far it may be proper or expedient, from a Con sideration of the Effect it wUl have upon the Eevenue, is a Question not before us; but we humbly apprehend, that the Loss, if any, to the Eevenue as it now stands, by such an Alteration, will be found too inconsidera ble to be put in Opposition to a Measure, so expedient in its general principle, and so necessary to the EeUef of the Manufactures of this Kingdom. . As to the proposition of taking off the duty upon the Importation of Whale Fins, the produce of the American Seas, which is the last point proposed at present to be submitted to your Majesty's Considera tion, We humbly presume it wiU appear highly rea sonable and expedient, in a Commercial View, not only as it is a Material of Manufacture, for a supply of which we do now in great Measure depend upon other Nations; but as it will be no inconsiderable Encour agement to the Whale Fishery in general in the American Seas. This Whale Fishery, which was intirely neglected bythe french, has been prosecuted with great Spirit and Vigour, since Canada has been in your Majesty's possession; in so much that great Quantities of Oil have last year been exported from this Kingdom to 424 adm1nisi?rAtion of governor franklin. [1764 France, which never happened before; and therefore we humbly subnoit to your Majesty, whether a Trade, of so rauch Advantage to these Kingdoras, is not deserving of the Eelief, which the Legislature has in its wisdom thought proper to give to the Whale Fishery of your Majesty's Subjects in the Greenland Seas; and therefore whether it may not be advisable, that the duties now paid upon the Fin of Whales, caught in American Seas, imported into this Kingdom, should be intirely taken off. AU which is most humbly submitted. Hillsborough Ed. Bacon Soame Jenyns Geo: Eice Ed. Eliot Orwell Ba]viber Gascoyne. Commission of Charles Read as Chief Justice of New Jersey. [From Book AAA ol Commissions, Secretary ol State's Offlce, Trenton, fol. 389.] George the third by the Grace of God of Britain France & Ireland King Defender of the Faith &c. To our Trusty & weU beloved Charles Eead Esq. Greeting we reposing especial Trust & Confidence in your Integrity impartiality, prudence and AbUity have assigned. Constituted & appointed and we do by these Presents assign Constitute and appoint you the said Charles Eead to be our Chief Justice of and in our Province of Nova Ceesarea or New Jersey in America. Giving and by these -Presents Granting unto you the said Charles Eead full Power and Authority in our Supreme Court of Our said Province to hear, try and 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 435 determine aU Pleas whatsoever, civU Criminal and mixed according to the Laws, Statutes & Legal Usages of our said Province that are not Eepugnant to the Laws and Statutes of that part of our Kingdom of Great Britain CaUed England and according to such Laws and Statutes of our said Kingdom as now do or hereafter shaU be made to extend to our Plantations in America, and executions of all Judgments given in our said Court to Award, and from tirae to time to make such Rules and Orders in our said Suprerae Court in our said Province for the Benefit of the Inhabitants of Our said Province as you shaU Judge to be Convenient and UsefuU for the more easy speedy aud impartial Administration of Justice, and the preventing Un reasonable & unnecessary delays and as near as raay be Agreeable to the Eules and Orders made in the Uke Cases in our Courts of Kings Bench, Comraon Pleas, and Exchequer in Our Kingdom of Great Britain, To Have and to Hold and enjoy the said Office and Place of Chief Justice of and in our said Province of Nova Ceesarea or New Jersey in America with aU and sing ular the Eights, Priveledges, Advantages, Emolu ments, Salarys, profits, fees, and perquisites to the said Ofdce & place of Chief Justice belonging or in anywise appertaining or that of right ought to belong or Appertain to the said Office, as fully an& amply as any other om- Chief Justices of our said Province have or of right ought to have held & enjoyed the same, to you the said Charles Eead for and during Our Will and Pleasure, In Testimony whereof we have caused these Our Letters to be made Patent and the Seal of our said Province to be hereunto Affixed Witness Our trusty and well beloved William FrankUn Esq. our Captain General and Governor in Chief in and over Our Province of Nova Ceesarea or New Jersey and territories thereon depending in America Chancellor aud Vice Admiral in the same &c. at our City of Perth 426 ADMINISTRATION OF GOVERNOR FRANKLIN. [l764 Araboy in our Province aforesaid the twentieth day of February in the Fourth year of our Eeign and in the year of our Lord One thousand seven hundred & Sixty Four. W]vi. Franklin. Endorsed : Memorandum that on the 21st day of February 1764 the within named Charles Eead Esq. took the Oaths and made and Subscribed the Declaration appointed by Law and an Oath of the due performance of the Office of Chief Justice of this Province of New Jersey in CounciU. The within Commission (with the above Meraoran dura) is Eecorded at Perth Amboy in Book C. No. 2 of Commissions page 267. Letter from Governor Franklin to the Lords of Trade informing them of the death of Chief Justice Robert Hunter Morris, and of the appointment of Charles Read, Esq., to succeed him ; also recom mending Richard Stockton, Esq., to supply the vacancy in the Council. [From P. R. O., B. T., New Jersey, Vol. 9, K. 40.] Burlington, New Jersey Feb'.^ 28, 1704 Eight Honourable Lords of Trade & Planta tions My Lords Eobert Hunter Morris, Esqr who acted as Chief Justice of this Province, having departed this Life on 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 427 the 27'-'' of last Month,' I did, with the unanimous Advice of the Council, appoint Charles Eead Esq ? to that Office, during His Majesty's Pleasure. This Gen tleman is one of the Council, and has for a consider able Time acted as one of the Judges of the Supream Court, with great Credit to himself. M^ NevUl the other Judge of that Court, has been long rendered in capable of Business by a Stroke of the Palsy, so that M' Read has been obliged to perform his Duty for him, in going the Circuits, &c. As there was an absolute Necessity, in order to prevent any Interruption to the usual Proceedings of the Courts of Law, that some Person should be immediately appointed Chief Justice and as M' Eead was so well entitled thereto by his Services, I hope his Appointment will meet with your Lordships Approbation. He has, I understand, been formerly recommended to your Board by Governor Barnard, for the obtaining his Majesty's mandamus appointing him Chief Justice, and I now recommend him to your Lordships as a Person well qualified by his Character, AbiUties, and Experience for that Ofifice. In August last I recommended to your Lordships, the Appointment of James Parker, Esq^ of Perth Amboy to be one of His Majesty's Council for this Province. And as the Death of MV Morris has occa sioned another Vacancy in the CouncU, I would Uke- ' William Smith, the provincial historian of New York, in a letter to Horatio Gates, describes the circumstances attending the death of Chief Justice Morris. It occurred at Shrewsbury, N. J., where he had a cousin residing, the wife of the clergyman of the parish. On the evening of the 27th of January, 1764, there was a dance in the village, at which all the respectable families of the neighborhood were present. The Chief Justice led out the clergyman's wife, danced down six couples , and then, without a word, or a groan, or a sigh, fell dead upon the floor. " Unhappy New Jersey has lost her best ornament," continues Mr. Smith; "Franklin has put Charles Read in his place upon the bench, and filled up Read's with one John Berrian, a babbling County Surveyor, not fit to be a deputy to any sheriff in Eng land." In 1778 William Smith, who had for a long time wavered, espoused the royal cause, and m 1783 left the city of New York with the liritish troops. For his fidelity to the crown he was subsequently rewarded with a high judiciary offlce at Quebec . 428 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 wise recommend to your Lordships, Eichard Stockton, EsqV to succeeed him in that Station. He is a Gentle man of the Law, eminent in his Profession, of un blemished Character, and possessed of a good Estate in the Province. His Place of Eesidence being midway between the two Seats of Government, makes it con venient for his Attendance at either. I am, with the utmost Eespect, My Lords, Your Lordships most obedient, & most humble Servant W" Franklin. Letter from Governor Franklin to the Lords of Trade relative to raising levies ; also to some acts passed by the Assembly, and to Mr. Ashfield's claim to precedence in the Council, his mandamus being of a prior date to that of Mr. Ogden. [From P. R. O. B. T., New Jersey, Vol. 9, K 41.] Burlington March 6, 1764 Eight Honourable the Lords of Trade & Plan tations. My Lords Agreable to what I wrote to your Lordships on the 20'" of January, I have had another Meeting with the Asserably, oii the Subject of the Eequisition of His Majesty's General. The New England Colonies not having come to any Determinations with regard to the Measures proposed, though they had been summon'd for that Purpose, the Assembly here, in the Bill they pass'd for raising Men, restricted the Act from being put into Execution, tiU a Majority of the Eastern Colonies should comply with what was required of 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 429 them. As this was leaving Matters in great Uncer tainty, and the Season for Action approaching fast, I rejected their Bill, and urged them strongly to pass a new one, Uraiting their Grant to what had been, or might be done during the Year, by New York alone. After some Struggle they came into my Proposal, and the Act was passed accordingly. So that as New York has already raised 800 Men, which is half of the De mand made of them, we shaU immediately raise 300, which is the same Proportion of what was required of this Province. And if New York raises more Men, as it is thought they will, we shaU likewise increase our Number. As some Men are to be reserved on the Frontiers of each Province for their Protection, I proposed to Gen eral Gage the employing the Frontier Guards of this and the neighbouring Provinces in making an Irrup tion into the Enemy's Country, so as to create a Diver sion in favour of the Operations of the Army. In answer to which I received a Letter frora the General, approving of the Proposal, a Copy whereof is enclosed. The Want of Union among the Colonies must ever occasion Delay in their miUtary Operations. The first that happens to be caU'd upon postpones coming to any Determination tiU ' tis known what the other Colonies will do; and each of those others think they have an equal Right to act in the same manner. This procrastin ating Conduct, owing to the Jealousies and Apprehen sions each Colony has lest it should happen to con tribute somewhat more than its Share, is the Eeason wby the American levies are sometimes delay'd till the Season for Action is nearly elapsed. And it is so far from saving thera any Expence in the End, that for Want of being tiraely in their Grants the first T ear, they are frequently obUg'd to be at the same Charge the Tear foUowing. Being inforraed that your Lordships had objected to 430 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 the Act for settUng the Boundary between this Prov ince and New York, on Account of one of the Agents being therein styled Earl of SterUng, we have since passed another Act for the Purpose not Uable to that Objection. We knew not here but that his Eight to that Title was settled and allowed. The other Acts passed at the last Sessions were the Support Act, an Act for naturaUzing some Germans, and an Act for draining Meadows. AU these are according to former Acts of the same kind, and wUl be transmitted to your Lordships as soon as possible. Lewis Morris Ashfield, EsqV one of the Council of this Province, has desired me to inform your Lord ships that by Mistake in the King's Instructions to me, he is named after David Ogden, Esq' though his Mandamus is of a prior Date. MV Ogden, however, says that the Date in his Mandamus has evident Marks of being altered after it was granted: That M' Chief Justice Morris (who took out both Mandamuses) got this Alteration made at the Secretary's Office after it was sent there from the Board of Trade, in order to give a Preference to his Nephew Mv Ashfield: But as the Alteration was made unknown to the Plantation Office, and as MV Ogden has been first named in aU the Governor's Instructions who have been since appointed, he hopes he shaU not lose tUe Eank he has hitherto had in the Council. I mention this matter at the Ee quest of those Gentlemen, and submit it to your Lord ships Consideration. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships most obedient, and most humble Servant Wm. Franklin 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 431 Letter from Govemor Franklin to the Earl of Halifax — relative to raising troops, and enclosing a copy of General Gage's Letter of March 2, 1764. [From P. R. O., America and West Indies, Vol. 173 (190).] Burlington, March 6, 1764 Right Hon'''^ the Earl of Halifax. My Lord, I did myself the Honour of writing to your Lord ship on the 12'.'' of January, acknowledging the receipt of your Lordship's Letter of the 19'? of October. Since which I have had a Meeting with the Assembly, and prevailed on them to raise a Number of Troops to be put under the Command of His Majesty's General, in Proportion to what has been, or may be raised by the Province of New York during the current Year. That Government having already raised 800 Men, which is half the Eequisition made of them, we shall imme diately raise a BattalUon of 300, being half the Num ber required by this Colony. If New York makes an Addition to their Forces, which 'tis thought they wiU, ours are to be increased in the same proportion. I en deavoured aU in my Power to prevail on the Assembly to grant the whole of the Eequisition at first,' without regard to what might be done by the other Colonies: Butthe utmost that I could obtain of them, was, to drop an Act they had passed, restraining their Grant till a Majority of the Eastern Colonies should come iuto the Measure, and pass another referring to what might be done by New York alone. It seems to be the Aim of raost of the Colonies on these Occasions (lest they might happen to contribute somewhat more than they think is their Quota) to postpone coming to any Determination, tiU they can be acquainted with 432 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 the Eesolutions of the others. This conduct must necessarily cause considerable Delays tn MiUtary Oper ations, so far as they depend on American Levies. By the Care that has been taken in posting Guards at proper Stations, and keeping them constantly em ployed in ranging, none of the Inhabitants of this Province have abandoned their Settlements, tho' our Frontier is become very expensive and exposed. Since the back Settlers of New York & Pennsylvania have quitted their Habitations. I send enclosed, for your Lordships Perusal, a Copy of a Letter I have just received from General Gage in answer to a Proposal of Mine for employing the Fron tier Guards in making a Diversion, which while the Army is marchiug into the Enemy's Country; As the General approves the Plan, I hope to have it soon car ried into Execution. I have the Honour to be, with the utraost Eespect, My Lord, Your Lordship's most obedient, and most humble Servant Wm. Franklin Letter from General Gage to Gov. Franklin, relative to mihtary operations, in answer to Gov. Frankhn's letter of March 6, 1764. New York, March 2^! 1764 His Excellency Gov"" Frankhn Sir By your Favour of 24'!' Ulmo. I perceive the Assem bly of New Jersey have come to a Eesolution of rais ing a Body of Troops, in Proportion to what has, or shaU be raised in the Province of New York. Gover nor Colden will have sent you the Certificate required by the Act, of the Numbers raised by this Province ; 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 433 which wiU come more properly from Him than frome me ; so that I shaU not trouble you with a Duplicate. There is the greatest Eeason to beleive that the Set tlements are more infested by the Tribes of Savages who are seated at no great Distance from the Fron tiers, than by the more powerful Nations who live at a greater Distance : And the Junction you propose of the Troops reserved for the Defence of the Frontiers of the Provinces, to make an Irruption into the Enemy's Country, wUl be of greater Service, than the Separat ing them along an Extensive Frontier, too weak in every Part, either to attack or defend. I am quite sensible of the Trouble you have taken, and the Zeal you have shewn, throughout this dis- agreable Business, for the Good of His Majesty's Ser vice, I have only now to return you my thanks for it, and to desire the Companys may be raised & cloathed Time enough to proceed to Albany, when the Navigation becomes practicable. I ara, with great Eegard, Sir, Your most obedient humble Servant Tho^ Gage Letter from Governor Franklin to the Lords of Trade, transmitting public papers and informing them of a report that the Six Nations of Indians are likely to render aid that will end the Indian war for this summer. [From P. R. O. B. T., New Jersey, Vol. 9, K 41.] Burlington, AprU 28, 1764 To the Lords of Trade My Lords. I had the Honour of writing to your Lordships the 6'? of last Month, acquainting you with the Transac- 28 434 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 tions of the Legislature here, at the Sessions in Febru ary. I now send you the Minutes of CouncU, the 1 printed Journals of the Assembly, & Copies of the Laws then passed. By the Privy CouncU Minutes, your Lordships will see the Necessity there was for passing the Supply Act in the accustomed Form. In pursuance of the said Act I have already sent the Gen eral four Companies of chosen Men well equipped for the Service. There is one Company besides now stationed on our Frontier, but Uable to the Orders of the General. If we may depend on the Eeports we have from New York, the Six Nations are Ukely to give such Assistance as will be sufificient to put an End to the Indian War this Summer. On the 12'? of last Month, I sent your Lordships the Journals and Laws of the December Sessions I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships raost obedient & most humble Servant W^ Franklin P. S. I now likewise send Copies of the Custom House Accounts for the Port of Amboy from the Time of my Arrival to the 6'." of AprU 1764 Ordinance for Holding the Supreme Court for the Province of New Jersey.^ [From Book. AAA of Commissions, Secretary ol State's Offlce, Trenton, fol. 392.] George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c. To all our Loving Subjects Inhabiting and Being 1 Compare this with the Ordinances of Lord Cornbury and Gov. Robert Hunter, given in Judge Field's "Provincial Courts of New Jersey," pp. 266-82. Also the Ordinance of 1724, lb., 275-9; and the Ordinance of 1725, lb., 287-91.— [W. N.] 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 435 withm our Province of New Jersey, and to aU others whom it doth or may Concern, Greeting, Whereas it has been Eepresented unto Our Trusty and well be loved WUUam FrankUn Esq. our Captain General and Governor in Chief in and over Our Province of Nova Ceesarea or New Jersey and Territories thereon de pending in America Chancellor and Vice Admiral in the same &c. that the times appointed by Ordinance for holding our Suprerae Court have by Experience been found to be attended with divers Inconveniences to the Inhabitants of our said Province, And Whereas Application hath been made to our said Governor and Commander in Chief for Eemedy therein and we be ing Desirous that the said Inconveniences should for the future be Eemedied have thought fit to Ordain, and We do hereby Ordain and direct that our Supreme Court for our said Province of New Jersey shaU begin sit and be held at our City of Perth Amboy at the Sev eral times foUowing (to wit) on the second Tuesday in AprU and the third Tuesday in September in Every Year ; And also that our said Supreme Court for Our said Province of New Jersey shall begin sit and be held at our City of Burlington on the first Tuesday in November and the second Tuesday in May in Every Year ; which said Court shall sit and continue to be held on and from Each of the said days on which it is to begin, daily and Every day untili the Saturday next Imraediately foUowing the Tuesday on which it is to begin ; when and on which said Saturday Our Jus tices of our said Court for the time being or any of them may adjourn Our said Supreme Court until the Next Term, unless they our said Justices or any of them upon Account of the Multiplicity of Business then Depending think it necessary and Expedient to Prolong the said Term, in aU which Cases we do here by further Ordain and Direct that our said Supreme Court shall continue to sit and be holden from the 436 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Tuesday (the comraenceraent of the said Term) to the Tuesday in the Week thereafter both days inclusive, in which Court there shall be two Eeturn Days in each of the said Terms or Sittings, to wit on the first Tues day and Thursday foUowing, or on such other day or days as the Justices of the said Court for the Time be ing or any of them in their Discretion shaU think proper and Expedient to appoint. And we do hereby fully Authorize and Impower the said Suprerae Court to have Cognizance of and to hear try and deterraine all Pleas Civil Crirainal & Mixed, and all other Actions and Suits whatsoever as fully and amply to all In tents and Purposes whatsoever as all or any of our Courts of Kings Bench, Comraon Pleas, or Exchequer in that part of Our Kmgdom of Great Britain Called England have or of Eight ought to have ; and any Person & Persons may Commence and Prosecute any Action or Suit in our said Supreme Court, and may by Habeas Corpus, Certiorari or any other Legal Writ, Eeraove any Action Suit or Plaint out of any of the Eespective County Courts, Sessions of the Peace, or any other the Inferior Courts depending or to be de pending, aud any Judgment thereupon Given or to be given in any of the said Courts Provided always that the Commencing & prosecuting any Action Suit or plaint in the said Supreme Court, and the Eeraoval of any Information or Indictment or any Cause matter or thing to be Eemovedfrom any of the County Courts, Sessions of the Peace and any other of the said In ferior Courts into the said Suprerae Court be so Cora menced Prosecuted and Eemoved According to and as near as may be Agreeable to the Laws in Force in that part of our Kingdom of Great Britain Called England and the Laws of our Province of New Jersey not Ee pugnant thereto. And We do hereby further Ordain and Direct that the Office of the Clerk of the said Su preme Court of Judicature shaU be kept by tbe Secre- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 437 tary Appointed by his Majesty under the Great Seal of Great Britain, or his Sufficient Deputy at Perth Am boy in the Eastern Division, and Burlington in the Western Division, and that aU Writs & Process of the Supreme Court of our Province of New Jersey shaU Issue out of Either of the said places Indifferently and that the Courts of Perth Amboy and Burlington shall take Cognizance of such Writs & Process accordingly, Nevertheless so that aU Actions and Causes of Action arising in Either the Eastern or Western Division of this Province are to be tried in and a Verdict given by Jurors of that Division Only in which the Cause of Action shaU Arise, as near and Agreeable to the laws Customs and Usages of our Kingdom of Great Britain as may be, and in whichsoever Division the venue is laid, there, that is to say in the Secretary's Office in Each Division shaU the Declaration Pleas, and all other pleadings in that Cause be filed. And we do further Ordain and direct, that our Justices of our Su preme Court for the time being or any of thera, shall annually and Every Year go into Every County in our said Province and there hold a Court for the trial of such Causes arising in the Several & Eespective Countys as are brought to Issue in the said Supreme Court, which Causes our said Justices or any of them is hereby empowered to hear and try by Jurors of the said Countys, and on any Verdict in any of the said Countys within our said Province Judgment to give at the Supreme Court of Judicature to be holden at our City of Perth Amboy for the Eastem Division or City of BurUngton for the Western Division which Courts for the trial of Causes shaU beheld in Our Sev eral Countys (except Cape May) for and during a Term not Exceeding five days. And We do hereby further Ordain and direct that the times & places for holding the Yearly Circuit Courts in the several Countys of our said Province for the trial of such Causes aforesaid 438 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 shall be such as are hereafter Mentioned that is to say. That the said Circuit Courts for our Countys of Ber gen, Essex, Monmouth, Somerset, Morris, & Sussex, shaU be held at such times in the Months of September and October Yearly, and at Such Places in each of the said Eespective Countys as our Justices of our said Supreme Courts for the time being or any of them shaU yearly in the next Preceding Term or any other time Appoint for that Purpose and that the said Cir cuit Courts for our Countys of Hunterdon, Gloucester, Salem, Cumberland & Cape May, shaU be held at such tiraes in the Months of AprU May or June Yearly, and at such places in Each of the said Eespective Countys as our Justices of our said Suprerae Court for the time being or any of them shall Yearly in the Next Preced ing Term or any other time Appoint for that purpose. Provided always, and it is hereby further Ordained and directed that the Causes Arising in the County of Cape May shall be tried in the County of Curaberland. And we do hereby Eequire and Command our High Sheriffs, Justices of the Peace, the mayor and Alder men of any Corporation within our Eespective Countys of our said Province, and all Officers Magisterial and Ministerial witUin our said Eespective Countys to be Attending upon our said Justices of our said Supreme Court or any of them (going the Circuit) as weU at the times of their or his Coming into and leaving the said Eespective Countys as during aU their Stay upon their Circuit within any of the said Countys on pam of our highest Displeasure And of being proceeded against According to Law, for their or any of their Neglect or Contempt of our Eoyal Authority Sc Command hereby signified. In Testimony Whereof we have caused the Great Seal of our said Province of New Jersey to be hereunto Affixed. Witness our said trusty and Well beloved William FrankUn Esqr. our Captain General & Governor in Chief in and over our said Province of 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 439 Nova Ceesarea or New Jersey and Territories thereon Depending in America ChanceUor and Vice Admiral in the same &c. at our City of BurUngton the Eleventh day of May in the fourth Year of our Eeign Annoq. Domini One thousand Seven hundred and Sixty four. Eead. Letter from Secretary Halifax to Governor Franklin, repressing the King's satisfaction with his zeal in protecting the frontier settlements of New Jersey. [From P. R. O., America and West Indies, Vol. 190.] S^ James's 12"- May 1764 WUham Frankhn Esq^ Governor of New Jersey. Sir, I have received, and laid before The King, Your Letters of the 12"' of January, and 6'* of March last: And although there is nothing in the Subject Matter of them which requires His Majesty's particular Direc tions, I take this Opportunity of giving you the Satis faction to know that His Majesty is well pleased witli the Zeal and Diligence which you have exerted in pro tecting the Frontier Settlements of Your Government, and in prevailing on the Assembly to raise a Part, at least, of the Number of Troops required of theni for the pubUck Service. I am &C'' Dunk Halifax. 440 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Report from the Lords of Trade to the Lords of the Committee of Council, with draft of an instruc tion to the Governor of the American Plantations in regard to fees taken in the several offices of Government there. [From P. R. O. B. T. Plantations General, Vol. 41, Page 403.] White Hall May 28, 1764 To the Right Hon''.''' the Lords of His Majesty's most Hon"'® Privy Council for Plantation AfEairs; My Lords, In pursuance of your Lordships Order of the 2P.' In stant, we have prepared, and herewith beg Leave to lay before your Lordships, the draught of an additional Instructoin to each of the Governors of His Majesty's Colonies and plantations, conformable to what is pro posed in our humble Eepresentation to His Majesty, relative to Fees legally estabUshed in each Govern ment; to which we have added a Clause, agreeable to your Lordships directions, requiring the said Gover nors to transmit to us exact Copies or Tables of aU such Fees. We are. My Lords, your Lordships most obedient Sc most humble Servants, Hillsborough Ed: Bacon Ed: Eliot Geo: Eice Baimber Gascoyne. Additional Instruction to Whereas frequent Complaints ha.ve been heretofore made, that exorbitant Fees have been demanded and taken in the public offices in several of our Colonies 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 441 and plantations in America for Business transacted in such ofiices; And whereas it hath been represented unto us, that there is great Eeason to apprehend, that such unwarrantable demands and Exactions are still continued in some of our Colonies, particularly on the Survey and passing patents for Lands; And whereas such shameful and illegal Practices do not only dis honor our Service, but do also operate to the prejudice of the pubUc Interests, by obstructing the speedy Set tlement of our Colonies; It is therefore Our Will and Pleasure, and you are hereby strictly enjoined and required forthwith, upon receiving these our Instruc tions to you, to cause fan- Tables of aU Fees legally estabUshed within the ^ISInaf under your Government, to be affixed up in every pubhc office within your said Goverment, and also to publish a proclamation in our Name, under the Seal of our said ^{SlmS', setting forth the Complaints and Eepresentations which have been made to us in respect to the exorbitant Fees demanded and taken in the pubhc Offices of several of our Colonies, expressing our just Indignation at such unwarrantable and dishonorable practices, and strictly enjoining and requUing aU public Ofificers whatever, in their respect ive Stations, not to demand or receive any other Fees for pubUc Business transacted in their offices, than what have been estabUsh'd by proper Authority, upon pain of being removed from their said Offices, and prosecuted with the utmost Severity of the Law. And it is our further Will and Pleasure, that you do also forthwith transmit to our Commissioners for Trade and plantations, in order to be laid before us, an exact and authentic List or Table of aU Fees allowed to, or taken by each officer respectively within the ''Suf under your Government, specifying by what Authority the Fees allowed to, or taken by each officer are estab lished, and distinguishing such, if any, as are taken without any such Authority. , 442 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Representation of the Lords of Trade to His Majesty, proposing Frederick Smyth and James Parker, Esqs., Councillors in the room of Robert Hunter Morris and Richard Saltar, Esqs., deceased. [From P. R. O. B. T. New Jersey, Vol 17, p. 183.] Whitehall July 3* 1764 To the King's most Excell* Majesty. May it please Your Majesty, Eobert Hunter Morris and Eichard Saltar Esquires, two of Your Majesty's Council in the Province of New Jersey, being deceased, and Frederick Smyth and James Parker Esq? having been recommended to us as persons every way qualified to serve Your Majesty in that Station, we beg leave humbly to propose to Your Majesty, that they may be appointed of Your Majesty's Council in the said Province in the Eoom of the said Eobert Hunter Morris, and Eichard Salter Esq? deceased. Which is most humbly submitted. Hillsborough. E? Bacon. Geo: Eice. Bamber Gascoyne. T. Dyson. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 443 Representation of the Lords of Trade to His Majesty, proposing the repeal of an act, passed in Sej^tem- ber, 1762, for rendering void the lottery lately made by Peter Gordon, etc. [From P. R. O. B. T. New Jersey, Vol. 17, p. 183.] White Hall July 5. 1764 To the King's most Excellent Majesty. May it please Your Majesty, We have had under our Consideration an Act passed in Yom' Majesty's Province in New Jersey in Septem ber 1762, intituled, " An Act for rendering void the Lottery lately made "by Peter Gordon for the sale of certain lands lying "in the County of Middlesex, and to relieve and to "secure the Trustees and Managers of the said Lottery "against any Action that is or may be brought "against them concerning the same." We have also consulted Sir Matthew Lamb, one of Your Majesty's Counsel at Law, who has reported to us, that it appears to relate to a private Transaction, in which the Legislature of this Province has no Con cern, nor ought in that Capacity to have interfered by any Act of Assembly in relation to it;— That if Peter Gordon and the Managers appointed by him to conduct the Lottery, have either by Fraud or Mistake done anything to the prejudice and loss of the Adventurers, they must justify themselves, or be made accountable for the same in a legal Course, and the Adventurers ought to be left at Liberty to make use of such Eerae- dies for their Eedress as they are legaUy intituled to, without being debarred in their proceedings by any tive Act in Favor of the Managers: — And that 444 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 he is of opininion for these reasons, that this Act should not be confirmed. And as we concur in Opinion with Sir Matthew Lamb, we beg leave humbly to pro pose to Your Majesty, that the said Law should receive Your Majesty's Eoyal Disallowance. Which is most humbly submitted. Hillsborough. Ed. Bacon. Bamber Gascoyne. J. Dyson. Letter from the Lords of Trade to Governor Franklin, approving his conduct, recommending James Par ker and Frederick Smyth to be of the Council of New Jersey, and the latter Chief-Justice — no objec tion to imposing a duty upon the importation of Negroes — Mr. Ogden and Mr. Ashfield. [From p. R. O. B. T., New Jersey, Vol. 17, p. 185.] White Hall, July 13, 1764. To William Franklin Esq'' Governor of New Jersey. Sir, As most of the Letters which we have lately receiv'd from You, and which contain anything material, do relate either to your proceedings with the Assembly upon the requisition made by the Commander in Chief of His Majesty's Forces for further aid for repelling the Incursions of the Indians, or to the orders which have been given for the due execution of the Law that lays a duty upon the Importation of foreign Eum, Sugar and Melasses, the Directions which we have to give you by this Packet lye within a narrow Compass. We observe with Satisfaction the endeavours you us'd to check the Assembly in their unconstitutional Method of providing those Services, which the Exigen- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 445 cy of the times demanded; but as they have not thought fit to alter that method, and to make their proceedings correspond with the principles of the British Constitution, it must remain for His Majesty to take such measures, as shaU appear to be necessary in a matter of so much importance to the due dependence of the Colonies upon the just Authority of the Crown. It is not only in the Laws for providing for tem porary Services, that they appear to deviate from the principles and practice established in this Kingdom; the annual Act for the Support of Government is equaUy exceptionable in many parts, for we observe, that the Salaries are payable to the Officers by name, and not for the time being, which has a direct Tendency to estabUsh in the Assembly a Negative in the nomin ation of those Oflficers, and that the said Act does of itself create appointments of Ofificers, that ought to be appointed by Commission from the Governor. We further observe, that, in the Clause appointing an Agent, he is styl'd Agent for the Province at the Court of Great Britain,' which appears to us to be a ' The Proprietaries had generally maintained an agent at London, to look after their interests belore the Lords of Trade and the Parliament, in the selection of Govemors and the regulations conceming revenue, etc. Ferdinand John Paris acted as such for thirty years or more, prior to 1759.— if. J. 47-cftii)es,Vl., 424-5, note. In 1731 the Assembly concluded to appoint an agent to attend to the inter ¦ ests ofthe people. Mr. Paris was a candidate, but Richard Partridge, a Quaker, of fair business habits but little force of character, was selected, and held the position for thirty years. Governor Morris was suspicious that he was more on the aiert for the concerns of the Assembly and the people than for the interests of the Gov emor and Council— Papers of Lewis Morris, 46, 220; N. J. Archives, V., 393, 303. As Mr. Partridge was a brother-in-law of Governor Belcher (the latter having mar ried his sister, Mary, daughter of Lieut.-Governor William Partridge, of Massachu setts), it was natural to suppose that he would now favor the royal prerogatives, especially as he was assumed to have had much to do with the appointment of the QovenLOT.— Hatfield's Elizabeth-Town, 377; Morris Papers, 46, note. On his death, in 1761, Joseph Sherwood was appointed agent.— /ft. In 1763 the Provmce was rep resented in London by Andrew Drummond & Co., Henry Drummond being the active manager— Pem«. Col. Records, IX., 47, 50. As the interests of the Colonies and of the mother country were now becoming so diverse, the British Ministry dis liked to have any interference in London with their administration of American affairs. In Massuchusetts, the Govemor refused to pay the agents appointed by the Assembly to represent the people at the court of Great Britain, assuming that the popular branch had no right to be thus represented by its own agent.- l^orfcs of John Adams, IV., 70.— [W. N.] 446 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 ridiculous Affectation in the Assembly to cloath an Ofificer, who is merely an Attorney to transact their Affairs, independent of the general Interests of the Colony, with a Character that belongs only to the Minister of a Foreign Prince. We have considered the State of the CouncU, and observing that there are two vacancies, we have recom mended James Parker Esq"" and Frederick Srayth Esq., — whom His Majesty has appointed to be Chief Justice of the Province, to supply these Vacancies. In Considering the Laws of New Jersey passed in 1762 & 1763, we have been under the necessity of pro posing the repeal an Act * * * for rendering void the Lottery lately made by Peter Gordon for the sale of certain Lands lying in the County of Middlesex; which leads us to take notice of the Practice, which has too much prevail'd in the Colony of New Jersey, of passing Laws to empower persons to set up private Lotteries. The establishing Lotteries for raising money for pubUc Services is of very doubtfuU policy, and is a measure seldora adopted except in Cases of pubhc ' James Pakkek, son of John Parker, of Perth Amboy, was bom 1785. He was Captain of one of the six companies that went from that to-vra to Canada in the campaign of 1746. He subsequently traded to the West Indies for some years. In 1771 he was Mayor of Perth Amboy.- -'Wliitheead's Perth Amboy, 133-4. That town chose him one ot its Committee of Correspondence m 1775, and also elected him to the Provincial Congress. He did not attend, and for the sake of peace removed to Hi^terdon County. Refusing upon summons of the Committee of Safety to take the oath of abjuration and allegiance, he was, August 20, 1777, ordered tobe con flned as " a person disaffected to the Stale,'' but the next day was released on giv ing secrffity to " remain at or within a mile of the Court House at Morristown." In November, 1777, he was ordered to be committed to the common jail at Morristown as a hostage for the better treatment of John Pell, member of Congress from New" Jersey, who was then a prisoner in New York, treated with great severity. Owing to Mr. Parker's ill health he was not actually confined in jail, but in '' a private room nearest the Court House, ' ' and on the last day of the year was permitted to go home, on parole.— Jimutes of Provincial Congress, etc., 177S-6, 56, 57, 58, 103, 323; Minutes of Council of Safety, 1777, 98, 116, 117, 131, 122, 140, 161-3-3-4, 173, 182. Nothwithstand ing his neutrality during the war, he stood so well with his neighbors that he was warmly urged to be a candidate for Congress in 1789. He died October 4, 1797, aged 72, aud Ues buried in St. Peter's church yard, at Perth Amboy. He was the father of James Parker, the second President of the New Jersey Historical Society, 1866-8, and who filled a large place io the history of his State for three-quarters of a cen tury.— Whitehead's Perth Amboy, 134-6.— [W. N.] 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 447 Exigency; but it does in no degree warrant the encour aging private Lotteries, which we conceive may be open to the greatest Fraud and Abuse. As we have no particular Objection to the Policy of imposing a reasonable duty upon the importation of Negroes, we should have been glad to have laid the Law passed for that purpose before His Majesty for his approbation; but as the Duty is laid payable by the Importer, and a part of it is reserved in Case of re exportation, it appears to us to be contrary in both these respects to the 26* Article of Your Instructions. The first Article of His Majesty's Instructions to You appears to us to be to aU Intents & Purposes a new appointment of the Council; and as MT Ogden is in tUat article named before M^ Ashfield it decides the prece dence in his favour. So we bid You heartily fareweU, and are &c^. Hillsborough Geo: Price. Bamber Gascoyne. T. Dyson. List of Commissioners named by Mr. Wilmot on the part of New Jersey, for running the boundaries between the provinces 'of New Jersey and New York in America. [From P. R. O., B. T., New Jersey, Vol. 9, K. 47.] July 20. 1764 1. Governor FrankUn, or the Commander in Chief for the Time being. 2. Andrew Oliver, Secretary of Massachuset's Bay. 3. Peter Eandolph, Surveyor General of the Customs of the Southern District. 4. Payton Eandolph, Attorney General of Virginia and one of the Council 5. Eichard Corbin, One of the CouncU of Virginia Henj Wilmot 448 ADMINISTRATION OE GOVERNOR FRANKLIN. [1764 Circular letter from the Earl of Halifax to the Gov ernors in North America, informing them that the House of Commons had resolved to charge certain stamp duties in the colonies and plantations. [From New York Colonial Documents, Vol. VH, p. 646.] St James's 11, August. 1764 Sir The house of Coraraons having in the last Session of Parliaraent, come to a resolution by which it is declared that, towards defraying the necessary expences of de fending, protecting and Securing the British Colonies & Plantations in America, it may be proper to charge certain Stamp duties; it is His Majesty's Pleasure, that you should transmit to me, without delay, a list of aU instruments made use of in pubUc transactions, law proceedings. Grants, Conveyances, Securities of Land or money within your Govern' with proper and Suffi cient descriptions of the Same, in order, that if ParUa ment should think proper to pursue the intention of the aforesaid resolution, they may thereby be enabled to carry it into execution, in the most effectual and least burthensome manner. If you should be unable of yourself to prepare a Ust of this kind with sufficient accuracy you wiU in such case require the assistance of His Majesty's Attorney General, or the principal Law Ofificer of the Crown within your Govern', who are the proper persons to be consulted, towards procuring the said information in the raanner required. I am ettc Dunk Halifax 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 449 Letter from Robert Ogden to Courtlandt Skinner, en closing a copy of resolutions received from the Committee of Correspondence of Massachusetts Assembly, and advising that all the Colonies should unite and exert themselves to keep off the threatened blow of imposing taxes, duties, etc. [From Skinner Papers among Manuscripts of W.' A. Whitehead, Vol. I, No. 57.] Eliz. Town 24 August 1764 C. Skinner, Esq.^ Sir The enclosed is a copy of what I Eee"" from the Gen'" appointed as a Committee by the House of Eepresent atives of the Colony of the Massachusets Bay, which I now send for your Perusal & advice ; the affair is Serious & Greatly Concerns aU the Colonies to unite & Exert themselves to the utmost to Keep of the was the oldest son of the Rev. William Skinner, origi- naUy a MacGregor, the first rector of St. Peter's Church in Perth Amboy. He was educated for the bar, studying the profession in the offlce of David Ogden, an old and distinguished practitioner at Newark, where Mr. Skinner also was established for some tune after his admission to practice. In 1752 he married Elizabeth, daughter of Philip Keamy, of Perth Amboy, and shortly after took up his residence perma nently at that place. He became eminent in his profession, his natural abilities hPing good and his oratorical powers considerably above mediocrity. He held the position of Attorney-General imtil the Revolution put an end to the authority whence it was derived. In 1761 he was elected to the Provincial Assembly a's a representative from his native city, and continued to be a prominent member of that body while it existed, being elected Speaker in 1765. During the early days of 'he struggle for independence, Mr. Skinner, like many others who in the end con nected themselves with the royal cause, was' strongly opposed to the encroach ments of the British Ministry, and he was elected Speaker in place of Robert Ogden, whose course had been displeasing to his constituents from that cause. All 29 450 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Threatening blow, of Imposing Taxes Duties &c. so Distructive to the Libertys the Colonies hitherto en joyed. As Similar Letters have been sent from Bos ton to all the Colonies, and in Consequence of which the Lieut. Gov' of New York has CaU* His Assembly together to Give them an Opportunity to send Home their Eepresentatives, therefore If you think it of Im portance Beg you would Loose no Time in Consulting M"' Nevill & Mr. Johnston on the Subject and write to His ExceUency & Desire him to Give us a Meeting as Early in September as Possible & perhaps at same time we shaU agree to pass a BUl for Striking as much money as the Loan wiU be Sufficient to Erect Pablic Buildings for the Government, which Law his influence, which was very considerable, was exerted to bring about a restora tion of the harmonious relations wliich had previously existed. Such continued to be his position until the first blood was shed at Lexington. That event, of course, caused a change in Mr. Skinner's sentiments. But the only instance discovered of his incurring the displeasure of the numerous committees of observation by which he was surrounded, consisted in his being found guilty by the Committee of Morris County, on September 28th, 1775, of having " spoken disrespectfully of the Conti nental Congress, reproaching the minute men, and charging them and the county with protecting a supposed criminal from justice." Although to this charge he made such explanations as were deemed satisfactory by the Committee, he was obliged soon after to regard his personal safety, by taking refuge beneath the English flag. He was received as an efflcient and active auxiUary, and he was soon after appointed a Bridagier-Qeneral by General Howe, with authority to raise five battalions from among the disaffected in New Jersey. His headquarters were on Staten Island, and although unable to induce many to join his standard, yet he had friends among the Provincials, who, when his personal safety was concerned, were ready to give him intelligence of the movements of the Colonial forces. After some time the General took a house at Jamaica, Long Island, and gathered his family again within it, giving them as much of his time as his offlcial duties would permit. After the Revolution, General Skinner went to England with his family, and received from the Government compensation for his forfeited estate and the half-pay of a Brigadier-General during his life. He died March loth, 1799, aged 71 years, and a tablet to his memory may be seen at St. Augustine's Church, Bristol. His wife survived him, after a union of forty-seven years, and continued to reside among her children in England and Ireland until her death. General Skinner had thirteen children, most of whom survived him. One of his daughters (Maria) mar ried in 1797 Captain (afterward General) Sir George Nugent, G. C. B., D. C. L., and accompanied her husband both to theJEast and West Indies, whither he was sent by his government to discharge important trusts; and two diaries kept by her, one for each country, have been printed for private distribution since her death. They each consist of two volumes octavo, and are very interesting. Lady Nugent died in 1831. She lett two sons and two daughters.— OriffmaZ Letters in the Possession ofthe Edit.ir ; Contributions to the Early History of Perth Amboy. — Ed. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 451 must if Ever be passed before the 29 of SepV, as that is the Limitation in the Gov" Instructions, So that no Time is to be lost. Excuse Haste & beUeve me to be D S' Yours Sincerely Da^id Ogden.' Letter from Joseph Sackett, Jr., to Cortlandt Skinner in relation to the title to the common lands belong ing to the Island of Sekakus, in Bergen County, in the possession of Edward Earle. [Prom Skmner Papers among Manuscripts ol W. A. Whitehead, Vol. I, No. 69.] New York 13 Sep? 1764 Cortlandt Skinner, Esq. Sir Please to be prepared for the Commissioners, tis the last time of Asking with us, and now is the time to be in Eeadiness. Mr. Bayard has given in to the Commissioners what his Attornies had to say in favour of his Claim. .And the matter they Chiefly insist upon is, that the words in the Articles of Agreement, with such further rights and Interest &c., mean no more than the Meadows, Creeks, Swamps &c, and not the Common Lands, as the last Grant to Earle has no Such ' Mr. Ogden was delegate from New Jersey to the Congress which met in New York, October 7, 1765, and shared with Mr. Ruggles, of Massachusetts, the imenvia- Me distinction of having dissented from the action of Congress, and withdrew from its deliberations. Being Speaker of the New Jersey Assembly, a meeting of that hody was called at his request, on the 27th of November; and thenext day he resigned that position, and his seat as a member from Essex County, and an indi rect censure was passed upon him by resolutions thanking his associates in the (Congress for the " faithful and judicious discharge of the trust reposed in them. " — ^M. Index to Col. Docts. of N. J. 452 ADMlN'ISTRATION OF GOVERNOR FRANKLIN. [l764 terms, but (as they say) Umits it to Sekakus' itself by referring to Carterets Grant in 1667. But Earle took possession by Virtue of the Articles of Agreement, and the last Grant (in my Opinion) seems to have been given merely as an acknowledgment of having re ceived the particulars (Consideration) mentioned in the Articles of Agreement. The last Grant is by no means so fuU as the first. I think referring to Car terets Grant 1667 cannot make against us in the least, for tis Common in Grants to refer to others as a proof of the Title. In the first Article of Sale to Earle please to Observe these words. Containing in Length & Breadth According to the patents from Governour Stuy vesant and Govrn' PhilUp Carteret, which I think Convey all that they were in Possession of by Virtue of those recited Grants so that the words with such further Eights and Interest, as the Same Island hath been possessed by the said Executors and the afore said Bayard, Immediately following must aim at Something which they had a right to by Virtue of Some other Grant, but if Such Expressive Language had not been in this Conveyance, the Coraraons un doubtedly must pass, where no reservation is men tioned: the Intention of the parties should be regarded, and we have proved to the Commission that the pres ent Mr. Bayard's forefathers were so far from Claim ing, that frequent Endeavours were made to purchase (of Mr. Pinhorn) a right in the Commons belonging to Sekakus. The Commons of Bergen were Granted as a lasting General Benefit to the Inhabitants; tis one of the Several PrivUeges, and (in my opinion) whosoever is entitled to the others, must be with Equal propriety 1 For a history of the Patent of Secaucus, see " History of the Land Titles in Hudson County, N. J.," by Charles H. Winfield, New Tork, 1873, 130-1, 300, 304. The Secaucus Commons were divided by Commissioners appomted by the Legisla ¦ ture for the purpose, by act ol August 26, 1764. Their field-book is given by Mr. Winfield in the work quoted, 391-309. See also the entries, post, under dates of October 3, 10, 13, 1764.— [W. N.] 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 453 to this. The Plantation on Sekakus now in the pos session of Mr. Earle does not belong to Mr. Bayard, Consequently the Commons (for there has been no reserve thereof) cannot be the property of Mr. Bayard, for it is Expressly Ordered by Charter, that when the Major Part of the freeholders shou'" agree to a division that it shou'" be to Every one according to his allot ment and Estate. I must again Beg you will (soon as possible without hurry) prepare (as your opinion) what you can offer for us. Indeed I beUeve we shou''* get the Commons without Offering any thing to the Com missioners, but we will leave nothing undone, least we may have Eeason hereafter to accuse ourselves of neglect. I am Sir your Most Obed' Jos. Sackett, Jun. Letter from Governor Franklin to the Earl of Halifax expressing his thanks for the honor of his Lord ship's letter, and his earnest desire to merit the continuance of the King's approbation. [From America and West Indies Vol: 173 (190).] Burlington Sept- 21, 1764 The Riglit Honourable Earl of Halifax My Lord I cannot enough thank your Lordship for the Honour you did me, by your Letter of the 12'!' of May, in signifying His Majesty's gracious Appiobation of my Conduct at a Time when no particular Business required your Lordship's writing. As nothing could be more obUgingly condescending in your Lordship, so nothing could afford me more Satisfaction. It is my 454 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 highest Ambition, Sc shaU be my constant Endeavour, to merit a Continuance of the Approbation of His Majesty & his Ministers. I shaU not fail making all possible Enquiry concern ing the Pirates mentioned in your Lordships Letter of the 14'." of July, which I have this Day had the Honour of receiving. Nothing has lately occurred in this Province of sufficient Consequence to mention to your Lordship. I have the Honour to be, with the utmost Eespect. My Lord, Your Lordship's most obedient & most humble Servant W"? Franklin Opinion of Wm. Samuel Johnson as to the ownership of the common lands set off to the island Sekakus, in Bergen County, then in the possession of Ed ward Earle. [From Skinner Papers among the manuscripts of W. A. Whitehead, Volume I, No. 60.] 4 Geo. 3" By act of the Gov"', Council and General Assembly of the province of New Jersey Commiss" are appointed to make partition of the Coramon Lands of the Township of Bergen, agreable to the Eule given in s" Charter, or as the said Magistrates shou''* have done. Quest". Did the Eight of Common belonging to Sikakus pass to Earle by the Grant in 1673 from Bay ard and the Execu" of Verlet, or not ? ShaU the Instru ment afterwards by the same grantors executed in 1676 from its reference to Carteret's of 30"' of Oct- 1667 be understood as limiting or explanatory of the forraer Grant ? or ought the first grant to be construed by it at all ? And to whom ought the Common Lands be- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 455 longing to Sikakus to be aparted, to the heirs of Bayard & Verlet, the original Patentees, or to their assignees, the s* Earl his heirs or Assignees ? Answ^ The freeholders of Bergen being incorporated by Gov^ Carteret's Charter in 1668, which also grants the s'* Common Lands I conceive, they took the s" Common Lands in their Corporate Capacity, and that the Estate Vested not in the Individuals but in the Corporation to be by them held for the Common use of the Inhabitants of the Town possessing the patented Lands, but with this Limitation that the same when divided shou'd be appointed to and among the free holders according to their allotments & Estates to be by them then held in severalty proportioned to their several located Lands, the Commission'.' I apprehend therefore in order to the raakeing partition pursuant to the s" Act have no occasion to Examine the mean Conveyances of the s" patended Lands any further than to determine in whom the Lands located at the Date of s'' Charter are now Vested Viz at the time of makeing Partition it not having been I apprehend necessary to use any words in such Conveyances ex pressive of the Sale or Transfer of the Eight of Com mon, but whoever the Commissioners find the patented Lands belong to by whatever Terms or Description Conveyed to them the Commons ought to be divided. the Estate or Eight in the Commons being in the Cor poration, cou'd not be transferr'd by the Individuals had the Freeholders in their Conveyances made use of the most expressive Terms for that purpose, and they are to be divided by the Tenants in possession of the par ticular Farms not as having been by them purchased of their Several Grantors, but by force only of Liraitation or Eestriction Contained in the Charter whenever the Commons shou'd be aparted they shou" be divided to the freeholders according to their Allotments & Estates whoever therefore now owns a freehold in Bergen tho 456 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 he is not strictly speaking seized of the Commons Yet since they are now to be divided he has by the Charter a Eight to have a portion of those Lands Divided to him according to his freehold aUotment and Estate, the present Proprietor of Sikakus, I conceive there fore is intitled to the proportion of Commons which must be aparted to that Freehold, and it ought to be sett out to him. But admitting the S" Corporation did not take the S'' Coramon Lands as a Body but that the Same were in Some Sort Vested in the Individuals Proprietors of the Located Lands as an appendage or appurtenant thereto, I am further of opinion (on that Supposition) that the S" Eight in Commons did pass by the Convey ances from Bayard and Verlet's Execu"' to Earle, and well Vested iu him, the Grant in 1673 having given a Compleat Discription of Sikakus Transfers the same with such further Eight and Interest as the S" Island hath been Possessed by the S* Executors and the afores" Bayard, which words are Sufficiently Compre hensive to include such Eight in Commons and must be construed most beneficiaUy for tUe Grantee, and in deed seem to have been inserted as particularly ex pressive of the Intent of the Parties to Transfer that Eight whatever it was. Nor ought the S* words I conceive to be Understood as meaning only the Meadows Creeks &c (as some may perhaps at first View imagine) because the Meadow thereunto belong ing and all the appurtenances of Sikakus in their f uU extent according to the Patents from GoV Stuyvesant and Gov"^ Carteret are mentioned before in the Same Grant, the antecedent particular description of Sikakus therefore including the Meadows Creeks &c. The S^ latter general Words, transferring a farther Eight & Interest may not be Construed to relate thereto but can be answered only by the Eights Privileges and 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 457 Immunities granted by the Charter of Bergen, among which expressly were the Commons. The Eight in Common being so fully convey'd by the Grant of 1673 Earle thereby became Seized, and the Estate so vested cou" not by any means I conceive be divested by his accepting the Second Grant in 1676 (referring to Carteret's Patent) which seems to be only a Confirmation of the former Grant or an acknowledg ment of having recev" the Consideration Money by the former Instrument agreed to be paid and to refer to Gov'' Carteret's Patent only for a more particular de scription of Sikakus the principal Estate convey'", but cannot be considered as limiting or restraining the for mer Grant (which cannot be the effect of a confirma tion but rather as ratifying aU that had been before Granted. Farther the Eight in Comraon being by the Charter in Some Sort annexed to and belonging as appendant, or appurtenant to the located Freeholds, the same may with propriety be conceived as in Effect, parcel of them ; and as such won'" pass even by the Grant (in 1676) of Sikakus with its appurtenances without express words relating to the Commons as being incident to it, and from the Nature of the Es tate, invariably to go with, and belong to it. In either View of the matter I am of Opinion that the Propor tion of Common Lands Sett out to Sikakus ought to be Divided to Earle, who I am advised is now in Pos session of that Plantation. W". Sam"^ Johnson Stratford October 2^ 1764. 458 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Letter from Governor Franklin to the Lords of Trade, in answer to their Lordship's Letter of the 13th of Jidy last, relative to the Assembly, the agent, and two acts passed in that Province. [From p. R. O. B. T. New jersey. Vol. 9, K. 55.] Burlington, New Jersey, Oct' 4, 1764. Eight Honourable the Lords of Trade and Plantations My Lords It gives me the greatest Pleasure to observe by your Lordship's Letter of the 13'*' of July, with which I am just honoured, that my Endeavours to check the As sembly in their unconstitutional Method of providing for the pubUck Services, have met with your Approba tion. Your Lordships may rely that I shall omit no Opportunity of bringing them to make their Proceed ings correspond as nearly to the Principles of the British Constitution as the Circumstances of a Colony will admit. I observe what your Lordships mention with regard to the Title given to the Agent, and shall try and have that Matter altered in the next Support Act. The Act concerning Peter Gordon-'s Lottery, which your Lordships have proposed to be repealed, was passed before my Administration; nor have I passed any Law relative to Lotteries, my Sentiments in that respect being entirely conformable to those of your Lordships. The Law for imposing a Duty on the Importation of Negroes, which your Lordships have thought proper 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 459 to disapprove, as being contrary to the 26th Article of my Instructions, was uot passed by me, but by Gov'' Hardy, as was the Lottery Act before mentioned. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships most obedient humble Servant Wf Franklin P. S. I lately sent to your Lordships The State of the Paper Currency of this Province The List of Fees taken by aU the Officers inthe Government Remarks on the Plan for regulating the Indian Trade— ^ And the Custom House Accounts. Letter from Governor Franklin to the Lords of Trade, relating to a complaint made by Captain Kennedy against an act making partition of the common lands of Bergen and enclosures. [From P. R. O. B. T. New Jersey, Vol. 9, K. 56.] Burlington Oct^ 10, 1764. Eight Honourable the Lords for Trade and Plantations. My Lords Being weU assured that Capt Archibald Kennedy of New York, has exhibited a Complaint to the Eight Honourable the Earl of Halifax, and others of His Majesty's Ministers, against an Act passed by the Leg islature of this Province, for making a Partition of the Comraon Lands of Bergen, I think it my Duty to transmit to your Lordships a Copy of the Letters I have wrote to my Lord HaUfax on the Occasion, to gether with Copies of sundry Papers referr'd to there in, that your Lordships may be the better enabled to 460 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 judge on the Merits of Capt. Kennedy's Complaint." I some time since transmitted to your Lordships the said Act : & as Capt. Kennedy (though he was at first solicitous to obtain the Act, & acquiesc'd under it) does now, I am told, contend that it ought to have been considered as a private Act, & pass'd with a sus pending Clause, I should be glad to be favoured with your Lordships Opinion on that Point. Your Lord ships wiU see upon perusing the 5'." Article of the State of Facts relative to Capt. Kennedy's Complaint against the Bergen Act, sent herewith, that such Acts have never been considered in that Light in America, Sc that many ill Consequences might ensue should the Practice be otherwise. But, however, should your Lordships be of Opinion that such Acts ought reaUy to be deem'd prwa^e Acts, & the King's Instructions respecting such Acts be Uterally comply'd with, I shaU ^ ARCHmAT.D Kennedy was the son of a prominent citizen of New York — Archi bald Kennedy, a lawyer, Receiver-General of the Province, 1732-54; member of the Council, 1739; President of that body in 1757; Collector of New Tork In 1758, etc.— N. Y. Hist. MSS., II., 475, 639, 616, 678, etc. In 1734 he acquired three hundred and eighty-three acres of land at Bergen, being part of what was formerly called the West India Company's farm. Dying June 14, 1763, he left two-thirds of the farm to his son, Archibald, and one-third to his daughter, Catharine, who, in 1765, sold her interest to her brother. The property was m htigation until 1804, when a com promise was eSeated.— Winfleld's Land Titles of Hudson County, 134; Winfleld's Hist. Hudson County, 303-14. The younger Archibald Kennedy married Oatharme, only daughter of Col. Peter Schuyler, of Petersborough, opposite Newark, on the banks of the Passaic, and lived there for some years. By her he acquired large estates in New Jersey and New York. In 1769 he married Anne, daughter of John Watts, of New Tork, who was also very wealthy. He became a Captain in the royal navy in 1757, and won much distinction in the service by his gallantry. In 1765 he refused to take on board his frigate, then at New Tork, a quantity of stamped paper, as the mob threatened to destroy his many houses in the city. For this he was superceded.— if. Y. Col. Docts., YU.., 792, 831. Being suspected of sympathy with the British cause he was arrested on the order of the Council of Safety in 1778, and ordered to remove to Sussex, but was subsequently permitted to resume his residence at Petersborough. In 1793 he succeeded his great-grand father as eleventh Earl of Cassillis, Scotland, and his oldest son became twelfth earl, and Marquis of Ailsa. He died December 39, 1794. His New Tork residence. No. 1 Broadway, was one of the most noted in that city for its historic associa tions.— ll^m^eJd's Hudson County, 312-13; Mrs. Lamb's Hist. N. Y., 655, 671; Old New York, by Dr. J. W. Francis, 1858, 15: N. Y. Col. Docts., VU., 822. The Bergen common lands was divided by commissioners appointed by the Legislature in 1765. Then- fleld-book forms the basis of Mr. Winfleld's admh-able " Land Titles of Hud- sou county."— [W. N.] 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 461 not fail doing it for the future. The Act for setting aside a Partition of Lands made between the sons of George Leslie deceased, I looked upon as truely a pri vate Act & therefore insisted upon having a Suspend ing Clause added to it, & should have done the same by the Bergen Act, if it had not been represented to me as totaUy different. I have the Honour to be, with great Eespect, My Lords Your Lordships most obedient & most humble Servant W;^ Franklin Letter to the Eight Hon"^ the Earl of Halifax, from Governor Franklin — relative to Capt. Kennedy's Complaint against the Bergen Act. Burlington Octobf 10, 1764 My Lord, As Captain Archibald Kennedy of New York has lately transmitted to your Lordship, a Complaint against an Act of this Province, intituled '^ An Actfor appointing Commissioners for finally settling and de termining the several Rights, Titles & Claims to the Common Lands of the Township of Bergen ; and for making a partition thereof in just and equitable Pro portions, among those who shall be adjudged by the said Commissioners to be intitled to the same," it is becorae necessary that I should in Vindication of my self and the other Branches of the Legislature of this Province, as well as of the Commissioners who have acted under the said Act, acquaint your Lordship with the true Circumstances of that matter. I am not inform'd of aU the Particulars of that Gen tleman's Complaint against the said Act, but only know in general that he says it is unjust, unprece dented, and Contrary to one of my Instructions. The enclosed Letters and Papers, as well as the very Act itself, wiU I imagine convince your Lordships to the 462 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 contrary. But should he have alleg'd anything that your Lordships should not find sufficiently obviated by the Papers enclosed, I hope your Lordships wiU be so condescending as to let me be acquainted with the Par ticulars; when I make no doubt I shall be able fuUy to prove to your Lordship that Cap^ Kennedy's Attempt to set aside the Act, merely because the Commission ers have not decided in his Favour, is not only unjus tifiable, but must, should he succeed, be attended with very pernicious Consequences to a Considerable Body of his Majesty's Subjects, and hurtfuU to the Publick. Having long had an Acquaintance with, and Esteem for Cap' Kennedy, I could not at first believe that he would, without having given me some intimation of his purpose, have represented anything to his Majes ty's Ministers that might ultimately affect my Charac ter or Interest. Though I had heard he had threaten'd so to do, when he found the Bergen Commissioners had not admitted his Claim to a share of the Common, yet I attributed it to the mere Effect of a sudden pas sion on his Disappointment, and for his sake, would not acquaint your Lordship with the true State of the Affair till I knew positively that he had carried his Threats into Execution. It is however, no small Satisfaction to me, that when my Conduct in the publick Station I am hon oured with is in any respect called into question that I have for my Judge a Nobleman of your Lordships Character. I have the Honour to be, with the utmost Eespect My Lord, Your Lordships most obedient & most hurable Servant W"? Franklin P. S. The Papers sent herewith to your Lordship are as follow, viz N? 1. A State of Facts relative to Cap' Kennedy's Coraplamt against the Bergen Act. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 463 N? 2. A Letter from W? Bayard, Esq' a considera ble Merchant of New York, and one of the principal Proprietors of Bergen Township. N° 3. A Letter from John Berrien Esq'- Third Judge of the Supream Court of New Jersey, and one of the Commissioners for the Division of Bergen N° 4. Another Letter from W"? Bayard, Esq^ W. 5. The Deposition of W? Bayard, EsqV before the Mayor of New York, proving that Cap- Kennedy ap proved of the Bergen Act, and was instrumental in obtaining it, &c. W. 6. A short Sketch of the Eeasons why Cap^ Ken nedy's Claira to a share of the Bergen Coramon was not admitted. Drawn up by W? Donaldson, Esq- one of the Commissioners. Note, that, if thought neces sary, a more perfect State of the Affair will be pre pared by the Commissioners at a general Meeting. State of Facts relative to Capt. Kennedy's Com plaint against the Bergen Act in the Gov"'-^ Letterof 10 Ocf 1764 State of Facts relative to Cap' Kennedy's Complaint against the "Act for appointing Commissioners for finaUy settling and determining the several Eights, Titles and Claims to the Common Lands of Bergen; and for raaking a Partition thereof, in just and equita ble Proportions among those who shall be adjudged by the said Commissioners to be entitled to the same." 1" That a large Number of the Owners and Claimers of the Coraraons of Bergen petitioned the Assembly to pass the above mentioned Act, in May 1763. 2. That the House made the foUowing Order viz : "That the Petitioners have leave tc bring in a Bill "agreable to the Prayer of their petition at the next " Sitting of Assembly, provided Publick Notice of the "AppUcation, & this Order, he published in one of the "New York Gazettes at least Six Weeks before the 464 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 "said sitting of Assembly, and no reasonable Objec- " tions then appear against the same." 3. That at the next Sessions of Assembly (which was not tUl tUe November foUowing) the Petitioners made it Appear, that they had given the Notice re quired, and had moreover caused publick Notification to be made of their Intention to apply for such an Act in the several Places of worship where the premises in question lie. 4. That no Objection being made by any Person whatever, leave was given to the Petitioners to bring in their Bill, which they accordingly did on the 21" of November, and it passed the Assembly the 29'!' of that Month. On the 7'!* of December it passed the Council, & had the Governor's Concurrence, a Clause being first added. Saving to His Majesty, his Heirs & Successors, & to the General Proprietors of the Eastern Division, all their Eights and Claims whatso ever. 5. That before the Governor Assented [to] the Act, he asked the Opinion of some of the Gentlemen of the CouncU, & others, whether the said Act ought to be considered as a private Act, Sc have a Clause added to it suspending the Execution thereof tiU his Majesty's Pleasure should be known ? To which they answered ' That Acts of a similar Nature had been Constantly ' passed, not only by the Governors of this, but of all ' the other Provinces on the Contineut, without a sus- 'p)ending Clause : That all that had been thought ' necessary in such Cases, was, the complying with the ' Spirit of the Kings Instructions relative to Private ' Acts, namely, causing due Notice to be given, & ' saving the Eights of the Crown &c aU which had 'been done in the present Case; that aU this Act ' meant, was to give Powers to Commissioners to ad- ' just and settle certain Claims at the Eequest of the ' Claimers themselves, & to make such Settlement ' binding: That as the Petitioners had made it appear 1764] ADMlNiSTRAl'lOlir OF GOVERNOR FRANKLIN. 465 " That by reason of the present undivided State of the " Commons, great and unnecessary Waste is dayly " committed by destroying the Timber growing on the "same, by which means if not prevented by a speedy " Partition of the said Commons, they will be rendered "of little Value and the Township of Bergen be re- " duced to great Distress, for want of Timber and " Fuel, it would be extremely hard indeed if the Legis- "lature were not permitted to afford them iraraediate " EeUef: That if the Owners of the Common should " be obliged to wait tiU the Act was sent over to Eng- "land, and go thro' the several Offices there, their "Estate must be damag'd to the Amount of many "Thousands, as a considerable Number of People, " knowing that such an Act was in agitation, were "now, under Pretence of having a Eight to the Com- " mons, exerting themselves to their utraost in cutting "down the Timber, in hopes of being able to carry it " off and dispose of it before the Act shall take place:" And lastly, " That if such Acts should be deem'd pri- "vateActs, and therefore have a suspending Clause " tack'd to them, the People in Araerica might almost " as weU be without a Legislature. 6. That this Act is so far from being Unprecedented, that there is scarce a Session but what Acts of the hke kind are passed. Such for Instance, are the Acts for draining & improving Meadows, laying out Eoads &c wherein Commissioners are appointed with similar Powers to those of the Bergen Commissioners. 7. That the Commissioners are Gentlemen of Abil ity & unblemished Eeputation ; some of whom reside at a distant part of the Province from the place in question, and others in New York Government. They are aU entirely disinterested, and are upon Oath for the due Execution of their Trust. 8. That neither Governor, Council or Assembly were any way interested in the affair, or had any other rao- 30 466 Ab.MftriSTtlATlON OF GOyERNOfe frAnklin. [1764 tive for passing the Act, than the securing to the Owners of the Commons their Property, and estab lishing Peace and Harmony among the People there, who were Continually disputing about their Eights. 9. That it was provided in the Act, that the Oom- sioners previous to any Partition of the said Common Lands, should give at least four Weeks pubUc Notice in the New York News Papers ; and after they had made a General Partition, they were obliged to give Twelve Weeks Notice in said Papers before they pro ceeded to make a particular division. 10. That notwithstanding so long a time elaps'd from the first Application for the said Act to its pass ing, and from its passing to its being carried into Exe cution, not a single Complaint was ever made to any part of the Legislature against it, the' they met at Amboy the February following. 11. That Cap' Kennedy the present Complainant, promoted the Application for the Act, was anxious to obtain it, approved of it when obtained, submitted his Claim chearfuUy to tUe decision of the Commissioners, was heard by his Council in Support of it, & never made the least Objection to the Law itself, or to the Commissioners, or to their Proceedings, untU after he had discovered there was some doubts about the Val idity ofhis Title. — And there is the greatest Eeason to beleive, that had the said Act been reaUy pass'd with a Suspending Clause, he would have been as much dissatisfied on that Account as any Body, and Ukewise would have used his Endeavours to have got it Con firmed by the Crown. That the said Cap' Kennedy was informed and knew that if he would apply to the Legislature of this Pro vince and point out any Injustice that had been done him by the said Act, that they would Eeadily grant him all the releif in their Power ; yet he chose rather to rely on his Interest with sundry Noblemen & Gen tlemen in the Administration in England, who, he 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 467 says, are his particular Friends, & will, he makes no doubt, have the Law totally set aside on his Account. 13. That if the said Act should be repealed, Cap^ Kennedy can have but Uttle Eeason to hope for any just Advantage thereby ; as in Order to prevent the Mischiefs and Confusion that might ensue if the re spective Claims of the Freeholders of Bergen are not adjusted another Law must be passed for that purpose, and the Affair left to the decision of Commissioners as ' being the only practicable Method And whenever that happens it wiU be impossible to find Commission^ ers whose Integrity and disinterestedness, & abiUties for that employraent can give him a better Chance for Justice than the present. 14. That as the Carrying the said Laws into Execu tion has already been attended with considerable Trouble and Expense, Sc as it is highly beneficial to the publick, as weU as to Individuals, the Owners of the Comraon have the fullest Eeliance on the Justice ofhis Majesty's Ministers, that they will not be in- strumentaU in setting the said Act aside, without giv ing thera an Opportunity of being heard on the Occa sion ; raore especially as the property of the whole Township of Bergen will be greatly Affected and dis turbed thereby. Papers referr'd to in Gov^ Franklin's Letter to Lord Halifax Eelative to Capt. Kennedy's Complaint against the Bergen Act From N° 2 to 6 inclusive. N. 2. A Letter to Governor Franklin, from William Bayard, Esq"" New York Septemb'' 10'!' 1764 Sir The Law you was pleased to give Your Assent to, at the Eequest of the principal Freeholders of the Cor- 468 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 poration of Bergen for the division of their Common Lands, which otherwise would have been in a few years totally destroy'd by wicked Persons having no Eight in the same, is now (from the Assiduity of the worthy Gentlemen who were appointed Commission ers and Acted on the same) very near brought to a final Settlement ; in so much that the first part of it is Compleated, that is the fixing the bounds, the loca tion of the Common Land to each Patent, And the Lands set apart for the defraying the Expense dis posed of at Publick Auction, conformable in every particular to the Strict Letter of the Law, and in the Prescence of the Majority of the Freeholders, who all shewed their approbation of what was done ; and as a further Proof of the same, a Number of them purchased the Land sold for the above purpose at the very high price of £7300 Proc:, with which they are fully satis- fy'd and are this day to receive the Commissioners Deed for the same, and pay the Money, which is a further proof of their Approbation of what has been done (and indeed was we to be otherwise we should be extremely UngratefuU, for no set of People in the Dis tress'd Circumstances we were in could ever have been happier in reposing the trust we did in any set of Gentleraen, as their Abilities & Integrity, were equal to the troublesome Task they undertook, and which has reaUy proved so to them) so that now there only remains the Subdivisions to be made, & Field Book filed. When I dare venture to say it wiU be one of the most Accurate things of the kind that ever was done ill America. Your Excellency when you know my Eeason wiU excuse my TroubUng You with this long Epistle, but having been at the request of the Freeholders of Bergen, as well as in support of my own Eight, One of the Acting Persons in procuring the Law and know ing the only Motive Your Excellency could have in 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 469 passing the same, was the doing of Common Justice to a set of People committed to your care, adhering strictly to his Majesty's Instructions. I think it my indespensable duty to inform you, that I hear of no one Person dissatifled with with what has been done by the Gentlemen Commissioners, in the Location of the Comraon Lands but Cap' Kennedy, who it seems holds an Estate in that Corporation under some par ticular Circumstances, which the Gentlemen Comrais sioners have not thought Intituled to a share of the Common Lands, and therefore have Excluded him. This it seems has given great Umbrage to that Gentle man which I am extremely sorry for, in so much that he has pubUckly declared he will if in his power get the whole matter set aside, and Complain against the passing of the Law as unprecedented, when to my Certain Knowledge he was as Anxious as any one of the Parties that it should pass, and when done that it should be put in Execution, and now to take measures to set it aside if possible, and if not, to Coraplain of its Irregularity, is I think somewhat Extraordinary, I therefore thought it my Duty to inform you of it, that you might give such Directions in the Matter, as to you should seem best. This gives me a double Concern, as he is a Gentle man for whom I have a very great Eegard, and Inti macy with, (therefore mean this only among Ourselves) nor do I beUeve he would Attempt a wrong thing. But We are aU to Apt to be Biassd in our Own favour, ¦where Our Interest interferes, which must Suppose to be his Case only. My best Eespects wait On you & am Your Excel- lencys, most ObUged & Very hura^!" Serv? W? Bayard His ExceW W FrankUn Esq. 470 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 N° 3. A Letter to Gov!' Franklin from John Berrien Esqf Third Judge of the Supream Court of New Jersey, & one of the Commissioners for the Division of Bergen. Eocky Hill Sep? 14'." 1764 sr I returned the Evening before last from Bergen, where the Commissioners lately met in order to sell 343 Acres of Land set apart for defraying the Charges of the General Partition of the Common Lands which was sold for the very extraordinary price of £7300 Proc: to Justice Kuyper a Magistrate of the Corpora tion, & a nuraber of the Principal Inhabitants having join'd with him in the Purchase. The People who are interested there seem to be very well Pleased with what is done upon the general Division, which is nearly Finished. But Cap? Archi bald Kennedy who possesses an Estate in that Corpor ation under very intricate Circumstances is very much dissatisfied with Our Conduct, as we have not thought proper to allot any Part of the Comraon Land to his possession {for ivhich no Patent has been produced) and I understand he doth not only blame us the Com missioners for excluding bim from a Share of the Coraraon Land, but your Excellency also for passing the Law, alledging it to be an Unprecedented Act, and said he would endeavour to have that Law Eepealed, whicli I conceive to be very ungenerous and preposter ous in hira, as I have been Credibly informed that he was very anxious as well as aiding and Assisting to have it done. M.' WilUam Bayard informed me that he would Acquaint Your Excellency with the Particu lars of this Affair, & he having sent his Letter to me to be forwarded I need not Enlarge, but think proper 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 471 to acquaint Your ExceUency, I am informed that Cap!^ Kennedy says Lord Halifax M'. Greenville M': Hunter and S''. Charles Hardy are his particular Friends, if so, and he should misrepresent the Matter, it may be weU to know from what Quarter any Attack may be Expected or Suspected, which I am in hopes he will not Expose himseff so much as to Attempt, having some Reason to believe that he only intended to deter us the Commissioners, wherein he can't succeed, and make no doubt that must be his case should he further Complain, I am w'." best Corapliraents and rauch Due Regard Your ExceUencys Most Obedient and very Humble Serv? John Berrien To His Excellency WiUiam FrankUn Esq!' N°4 A Letter to Gov- Franklin, from W"^ Bayard Esq!' New York October 1'.' 1764 Sir I am now to acknowledge the Eeceipt of Your Ex ceUencys favour the 19'.'' Ult", In consequence of which I immediately made Application to Cap? Kennedy, rel ative to the Contents thereof, who was so Candid im mediately upon my Application as to show me the Letter he had wrote to Lord Halifax on the Subject, In which I can with great pleasure inform you, he made no mention at all of your name, but in general Complained of the Hardship he was laid under by that Law in being deprived, from a Proportion of y" Allot ments of the Coramon Lands, and therefore desired his Lordship, if not already passed the Eoyal Assent, that he would oppose the same as being unprecedented. And further I asked him, if he was not Convinced that you could have had no intention in passing that Law, but in doing a Publick Good to the Petitioners, to 472 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 which he was pleased to make answer, he was con vinced You could not, and that he had wrote Nothing with that Intent ; To which I made answer, that as that was his Opinion, I thought in Common Justice to you, he should inform his Lordship in his next Letter, that he had no Complaint against your ExceUency on that Account, on which we parted ; so that your Ex cellency ma?/ wr?:^e this as Coming from Cap'. Kennedy, thro' me, if you think Necessary, of which there should be no delay as Cap' Kennedy's papers went f the Harriot Packet who saU'd the 22* Ult° so that I hope your ExceUency after writing your Letter on this head wiU have no further Trouble with it, as I can Assure You nothing Would give me greater Con cern than that that should be the Case, well knowing your only motive was that of the publick Good, which Tendency it Certainly, will have. I am. Sir, Your ExceU^^ Most Ob? Hble Serv? W? Bayard P. S. This Letter should have been answered on Ee ceipt of the Same but Cap? Kennedy was not in Town. To His ExceUency WiUiam FrankUn, Esq' N 5. Deposition of W^ Bayard Esq' before the Mayor of New York, proving that Cap' Kennedy approved of the Bergen Act, and was in strumental in obtaining it, &c. Province of New York in North America. City of New York ss: Williaim Bayard of this City Esquire, personally appeared before me John Cruger Esq^ Mayor of the said City, and being duly sworn upon the Holy Evangelists of Almighty God, saith. That being one of the principal Proprietors of a Township in New Jersey commonly caUed Bergen, and 1764] administration of governor franklin. 473 interested in an undivided share of the great Common Lands of that Township laying Waste and unimproved ; he was one of the Main Agents in Soliciting the pass ing of a late Law in that Colony appointing Commis sioners for effecting a Partition of the Commons among all the Proprietors. That he is weU assured that Law was earnestly desired by the Proprietors in General, and actuaUy petitioned for in the General Assembly. That the Commissioners appointed by it, are in high Eeputation as Men of Integrity and Understanding, and that they have executed a Great Part of the Work, not only with great Labour and Pains, but at a vast Expence, and to the Satisfaction, as the Deponent be lieves of AUmost AU concerned — That Cap? Archibald Kennedy, to whom the Deponent understands the Commissioners, for Eeasons, which the Deponent sup poses they wUl be ready to give, have not assigned a share of the Commons, is among the discontented — That the Deponent weU knows, that the said Captain Kennedy was very soUcitous for the Partition of those Common Lands — That he expressed his Desire to have them divided in that way, and was Aiding in some Measure to the passing of the Act for that Purpose — That the Deponent hath heard and believes that since the Law was passed he laid his Case and Claim before the Commissioners, and was heard by his Council; And that the Deponent was never informed that the said Cap? Kennedy, with whom he frequently con versed upon this Subject, had any Objection to the Law itseff, or to the Commissioners, or to the Process in the Execution of it, until after he had discovered, that there were some Doubts about the Validity of his Title in Bergen and Whether any Share of the Commons was due to it — And further the Deponent saith not. W"! Bayard Sworn the 8* day of Oct? 1764 before me John Cruger 474 administration op governor franklin. [1764 N" 6 A Short Sketch of the Reasons why Cap* Kennedy's Claim to a Share of the Bergen Commons was not admitted. — Drawn up in Haste by W" Donaldson Esq^ one of the Commissioners. Note, That, if thought necessary, a more perfect State of the Affair wiU be prepared by the Commis sioners at a General Meeting. As the Eeasons, upon which the Commiss"'-' rejected Cap? Kennedy's Claim to Commons; Arise from the particular circumstances under which, the Lands in Cap? Kennedy's possession. Stand — These Eeasons would be uninteUigible unless accompanied with a State of the Case, w"!* I can't draw at present, nor would I chuse to do it, without the Privacy of the other Commiss''.^ who can't possibly be got together at this time. — The Case is pecuUarly intricate. — It is most probable, the Title to the Lands, is yet in the West India Com'' of Amsf!' and thence the late M? Kennedy got into possession of them as Derelict. The Free holders of Bergen apply'd to the Comis''.' to have the Lands (in Cap? Kennedy's possession) Declared to Be part of the Common Lands of the Township, and as Such aUotted (with the other Comraon Lands) among the Patents. — The Comis'-' considered. That as he was in y'= Possession, he could not be ousted, but upon the Strength of an Ejector's Title (without any regard to the weakness or want of Title in Him) and this per haps was one of the least Eeasons, why the Commis':' chose to leave him as they found him. — As to rejecting his Claim to Coraraons, The Commis':' heard CouncU on both Sides, stated Queries, and had Answers, They maturely consider'd the whole, and determin'd frora Conscience and their best Judgeraent. They were un- 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 475 connected, disinterested, free of every possible Byas from private Views — If they were wrong Humanum est errare.^I much question M!' Kennedy's intending to try the Merits of the Commis''-' Determination — I rather apprehended his Complaint wiU be mainly founded upon the want of a Probationary Clause in the Partition law. — And as condemning that Law, will greatly affect and disturb the Property of that Township— I should think the Ministry wiU be tender, at least tUl Parties are heard, and the rather as the Execution of the Law is highly beneficial to the publick as well as the individuals concern'd and was solicited by the Freeholders interested, and the appli cation approved and consented to by Cap' Kennedy himself. Commission of Frederick Smyth as Chief-Justice of New Jersey.' [Prom Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 394.] GrEOEGE the Third by the Grace of God of Great Brit ain Prance and Ireland King Defender of the Faith &c. To our Trusty and weU beloved Frederick Smyth Esquire Greeting We Eeposing especial Trust and Confidence in Your Integrity impartiality Prudence ' Judge Smyth was probably of the Smyth family of Perth Amboy, several of whom— notably John and Lawrence — occupied various positions of prominence in the Province from an early date.— Whitehead's Perth Amboy, passim. The Judge himself occupied from 1766 to 1771 the Proprietaries' " government house" at Perth Amboy, where now stands what was formerly the " Brighton house, " at present a home for retired Presbyterian clergymen.— 76., 260. He was a vestryman of St. Peters Church in that town in 1774.— 16., 240. At the time of his appointment as Chief -Justice he was only about thirty-two years of age. He perhaps sought the offlce more for the honor than the profit attaching to it, as, although Govemor Franklin secured an mcrease of £50 m the emolvmients of the place, three years later ityielded but £300 in currency, equivalent to but £120 sterling. (SeepoS*. under dates of November 12, 1764, and April 12, 1767.) The young Chief -Justice does not appear tohave made much impression in the administration of the duties of his high and 476 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 and AbUity Have Assigned Constituted and appointed And we do by these presents Assign Constitute and appoint you the said Frederick Smyth to be our Chief Justice of and in Our Province of Nova Ceesarea or New Jersey in America; Giving and by these Presents Granting -onto you the said Frederick Smyth fuU Power and Authority to hold the Supreme Courts of Judicature at such places and Times as the same may or ought to be held within our said Province, and to hear try and determine aU Pleas whatsoever CivU Criminal and mixed according to the Laws Statutes and Legal Usages of Our said Province that are not Eepugnant to the Laws and Statutes or that part of our Kuigdom of Great Britain Called England, and according to such Laws and Statutes of our said King- responsible ofSce, and evllently was anxious to be on good terms with the attor neys who practised in his court. While firm and consistent in his loyalty to the British crown, his course during the exciting controversy over the Stamp Act won for him the good will of the Americans. He_fra,n>1v conferred with the members ?f fibP bnr as.toJLi5 proper course in the premises, intimating his personal disap- -prigal of the Act^and readily acquiesced m their Views, whereby _gieStemp Act was rendered nugatoiy Ul New JeX'sey! (See post, under date SeptemBS^19=20, 1765.) Nevertheless, the~ChlSf-JiiS^e~naturally deprecated any resort to violent measures, sind when the zealous patriots of Cumberland county, on the night of November 22, 1774, seized and burned a cargo of dutiable tea, at Greenwich, he *' gave a large charge to the Grand Jury conceming the times, and the burning of the tea, but the jury came in without doing anything," although sent out a second time.— History of the First Settlement of Salem, in West Jersey, by Robert G. Johnson. Philadelphia, 1839, 123-5; Hist. Cumberland County, by L. Q. C. Elmer, Bridgeton, 1869, 14-16. In delivering a charge to the Essex county Grand Jury, in 1774, he spoke freely of the troubled state of the times, and cautioned the people to beware of the "real tyranny" attheir doors, as more to be dreaded than the " imaginary tyranny three thousand miles distant," which gave the grand jurors an excellent opportunity to express their views of the situation, which they did in an able and most admirable "address," concluding with the hope that "no bias of self-interest; no fawning servility to those in power; no hopes of future preferment, will induce any man to damp their laudable and patriotick ardour, nor lend his helping hand to the unnatm-al and diabolical work of riveting those chains which are forging for us by that same actual tyranny, at the distance of three thousand miles."— American Archives, Fourth Series, I., 967; Minutes of Council of Safety, etc., for 1775-6, 31. It is fair to presume that after this severe rebuke the Chief -Justice conflned the expression of his views on the bench strictly to the questions pertaining to his judicial position. In 1768 he was with Gkivemor Franklin at Fort Stanwix, when the westem frontier was adjusted with the la- dians.— Jf. Y. Col. Docs., VHI., 112, 137. In 1773 he sat vrith the commissioners at Newport, R. I., to Investigate the burning of the British schooner Gaspee, by a party of Rhode Island Whigs.— Sist. American Bevolution, by William Gordon, 1764] ADMINISTRATION Oi GOVERNOR FRANKLIN. 477 dom as now do or hereafter shaU be made to extend to our Plantations in America, and Executions of aU Judgments given in our said Court to award, and from time to time to make such Eules and orders in our said Supreme Court in our said Province for the benefit of the Inhabitants of our said Province as you shall judge to be Convenient and usefull for the more easy speedy and impartial administration of Justice and the preventing unreasonable and unnecessary delays and as near as raay be agreeable to the Eules and orders raade in the Uke Cases in our Courts of Kings Bench, Common Pleas, and Exchequer in our Kmgdom of Great Britain. To have, hold execute and Enjoy the said Office unto you the said Frederick Smyth for and during our Pleasure and your Eesi dence within our said Province Together with all and singular the Eights Profits priviledges and Emolu ments unto the said place belonging in as full and Ample Manner as any other Persons liath formerly held or of Eight ought to have held and Enjoyed the same In Testimony whereof we have Caused these our Letters to be made Patent and the Seal of our said Province to be hereunto affixed. Witness our Trusty and weU beloved William Franklin Esquire our Cap tain General and Governor in- Chief in and over our said province of New Jersey and Territories thereon depending in America ChanceUor & Vice Admiral in the same &c. at our City of Burlington in our Prov- D. D., New York, 1789, I., 218-19; Historical Notes, etc., by William Griffith, Bur lington, 1836, 261. Having been appointed a member of the Council at the same time that he received his commission of Chief -Justice, in 1764, he attended the ses- aons ol that body imtil November, ITtS.— Minutes. "His reputation as a judge waah^hly respectable. "-PwumciaZ Courts in New Jersey, by Richard S. Field, New York, 1849, 181. "In 1776, when the Whigs assumed the direction of the gov- ertanent, he retired to Philadelphia. In 1779, he was informed, by direction of I«rd George Germain, that it was impossible for the Ministry to compensate Loy- slists to the extent of their losses, but yet, that an allowance of £400 would be con tinued to him. He died at Philadelphia, in 1815, aged eighty-three."— -Sabm«'s Ix>yams, n., 319 20.— [W. N.] 478 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 ince aforesaid the seventeenth day of October in the fourth Year of our Eeign, Annoque Domini One thou sand seven hundred and Sixty Four. *• ^* (Great Seal ) of the f Province > of 1 New Jersey J [Endorsed.] Be it remembered that on the 6th day of November 1764 the within named Frederick Smyth Esq. took the oaths and made and subscribed the Dec laration appointed by Act of Parliament and also an Oath for the due Execution of the Office of Chief Jus tice of the Province of New Jersey in open Court. Eead Clk Letter from Governor William Franklin to the Lords of Trade, relative to the Act for the partition of Bergen, complained of by Captain. Kennedy. [From P. R. O. B. T., New Jersey, Vol. 9, K. 57.] Burlington, New Jersey, Octi' 13, 1764 To the Lords of Trade My Lords, In the Letter I had the Honour of writing to your Lordships relative to Capt. Kennedy's Complaint, I omitted acquainting your Lordships that by the Law of this Province for estabUshing Fees, which was con firmed by the Crown on the 23"^ of November 1749 it is expressly provided, that ' ' no Bill be caUed a private '¦'¦Bill which concerns a County, Town, or Preciuct." As the Act in question concerns the whole Township 1*1^] ADMINISTRATION OF GOVERlsrOR FRANKLIN. 479 of Bergen, it cannot, consistent with the Law above- mentioned, or indeed with any Propriety, be consid ered as a, private Act. The ParUament of England passed a Law a few Years ago for dividing the Lands belonging to the London Company, in New Jersey & Pensylvania, the Plan of which was adopted by the Legislature of this Province in Passing the Bergen Act. The Province of New York I am told have a Standing Law for divid ing Lands nearly similar to the said Act, and no Per son complains of it. And indeed if the Colonies were prohibited from having those kind of Laws passed with out a Suspending Clause, there is scarce anything that would prove more detrimental to their Cultivation & Improvement. I am, with the greatest Eespect, My Lords, Your Lordships most obedient, & most humble Servant. W? Franklin Letter from Governor Franklin to Secretary of State the Earl of Halifax, inclosing the Attorney Gen eral's list ofthe instruments, etc., made use of in New Jersey, and the Secretary's Observrxtions thereupon. [From P. R. O., America and West Indies, Vol. 172 (190).] BuRi,iNGTON New Jersey, OctV 28, 1764 The Right Honourable the Earl of Halifax My Lord I take the first Opportunity of transmitting to your Lordship, the Attorney GeneraPs List of the Instru ments, &c made use of in this Province, together with 48b ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 the Secretary's Observations thereupon, pointing out such Articles in the said List as wUl bear the highest Stamp Duty. Those Gentlemen have had considerable Experience in the Publick Transactions of this Colony and have not I beUeve omitted mentioning any thing material. I have the Honour to be, with the greatest Eespect, My Lord, Your Lordship's most obedient & most humble Servant W? Franklin List of Instruments, &c made use of in the Province of New Jersey, drawn up by His Majesty's Attorney General of said Province. Oct. 27, 1764 In the Prerogative Office. — Probate of WiUs, Letters of Administration, Quietus, Marriage Licences, & Bond thereupon. Exemplifica tions of WiUs & Probate, &c. are Sometimes had to go to Neighbouring Colomes under the Seal of this Ofiice. Under the Great Seal, Patents for Townships & Corporations, Letters of Guardianship, Commissions of the Peace, Oyer & Ter miner & Goal Delivery To Sheriffs, Coroners, Sc Clerks of the Peace, in Countys, Citys and Burroughs, Com missions to Colonels, Lieu* Colonels, Majors Captains, Subalters, Adjutants, & Quarter Masters, of MiUtia, both Foot & Horse, Letters of Mart & Eeprizal, Cer tificates of Deeds, WiUs & Powers of Attorney to go beyond Sea Under the Privy Seal. BiUs of Health, Licences to Pedlars & Hawkers, on Foot & with Horse. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 481 Court of Chancery — BOIS and Answers, and aU the usual Process, Writs & Commissions of that Court, in which we copy the Chancery of England. Supreme Court, Bills of Middlesex, Latitat, Al. & Pluries, Capias, Bail pieces. Common Sc Special Declarations, and Eules of the Court; EoUs Eecords, Distringas & Venire; Executions against the Body Goods & Chattels, & against the Lands, Vend^ Exp? Attachments for Con tempt; Attachraents against absconding Persons, Affi davits to ground this Attachment; Writs of Sci. facias & Subpoena, Tickets for Witnesses, Writs of Error re turnable before the Govern"'' and Council, & this Court, of Habeas Corpus Certiorari, Eeplevin & Dower, of Partition & Eetorno Habendo, Writs of Proceedings in Common Eecovery, &c in aU which we copy the Courts of Westminster, & use the same Process. — Eecogni zances and Licences to Attorneys; These last are granted by the Gov' on Eecommendation from the Judges. — All the Proceedings in this Court, except the Declar: are on Parchment. In the Inferior Court. We use a Capais AI' & Pluries, Bail, Common Sc Special Declarations in personal Actions: in all Pro ceedings the Sarae as in the Supream Court, only the Process & all Proceedings are on Paper & the Fees less. In the Court for Tryall of Small Causes under Six Pounds, the Proceedings are by Summons, if against a Freeholder otherwise a Warrant. Issues in the nature of a Capias in this Couri : There are no regular Proceedings, the Cause is decided in a Summary Way, & Execution issues, unless either Party demands a jury of Six Men, in which Case a Venire issues to a Consta ble who Summons the Jury. 31 482 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 In the Crown Business, Informations are filed upon Orders^ of the Govemor and CouncU; these are very rare. —Indictments at the Sessions and ui the Supreme [Court].— On which issues a Capias, & after the Party has pleaded, a Venire for the Jury: Noli Prosequis are sometimes ordered by the Governor; — Informations are sometimes filed for Breaches of the Laws of Trade, as they are sometiraes in the Inferior Court. Proprietors' Office, Warrants for Unlocated Lands, Surveys thereon, and Certificate from the Surveyor General, Copies of Surveys & Warrants for Land, & Patents from the Proprietary Eecords under the Hand of the Eegister. Instruments of Conveyancing & Securitys for Lands & Money, Wills, Powers of Attorney, Deeds indented & PoU, Leases, Eeleases, Bonds, BiUs, Mortgages of Lands, BiUs of Sale & Grants of Chattels, Promissory Notes, BUls of Exchange, Indentures of Apprentice ship, Arbitration Bonds, Awards. Instruments in the Customs Permits, Cockets, &c as in the Customs in England. The Secretary's Observations on the foregoing List. That Transfers of Land are more frequent than in England: The Things that would bear the Highest Stamp will be the Transfers of Land, the Attornies Licences, & Civil Commissions, which are profitable.— The MUitia Commissions as they are never sought after, will not be accepted of if more burthened. Commissions of Oyer & Terminer, & Things issued for the Administration of Justice, can never pay, unless the Government must pay it. 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 483 The Fees of the Custom House are always collected with Difficulty from the Small Craft, & cannot bear any Charge. BiUs of Lading are omitted, of which great Quantities are used in the Colonies. Letter from James Parker to Governor Franklin, ac knowledging the receipt of His Majesty's Manda mus to be one of the Council of New Jersey. [From ttie SMnner Papers among Manascripts of W. A. "Whitehead, Vol. 1, No. 58.] P. Amboy October [1764] When Mr. Smyth caUed here on his way to Burling ton he deUvered me a letter from Mr. Sherwood inclos ing rae his Majesty's Mandaraus to be of the Council in New Jersey which accounts for ray not receiving it from my own Correspondent who I think cannot so well account for his neglect of ray request to hira to take it up at the Board of Trade. Mr. Smyth's stay at this place was but for one Ev'n- ing and I have been so Engaged at home & abroad Ever since that I have not Known of any other oppor tunity that may have offer'd since, which I hope will plead my Excuse for not having given your Excellency this Information sooner and acknowledging myself under the greatest obligation to you for having been the means of my Eeceiving This honour from His Majesty and as I know nothing can make me more acceptable to Either of you than a faithfuU discharge of this trust Eeposed in me You may be assm-ed that I shall on aU occasions use my utmost Endeavours to obtain that End. ' I am Sir Your most obedient Humble Servant James Parker. 484 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 Letter from Governor Franklin to the Secretary of State, the Earl of Halifax, in relation to illicit trade in New Jersey. [From P. E. O. America and West Indies, Vol. 172 (190).] Burlington, Nov^ 8, 1764 The Right Honourable the Earl of Halifax. My Lord I have not had any Information relative to any IlUcit Trade carried on in this Province since I had the Honour of receiving your Lordship's Letter of the 11"" of August; nor, indeed, since my Arrival in the Gov ernment, except one which I found upon Enquiry to be false and malicious. This Province has a very little Trade to any Place but New York and Philadelphia, where they seU tUeir Produce, and purchase EngUsh Goods and other Necessaries. The Surveyor General, and other Officers of the Cus toras, have, by their Vigilance, as far as I can learn, put a Stop to the greatest Part, if not the whole, of the ilUcit Trade within this District. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships most obedient, & most humble Servant W? Franklin 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 485 Letter from Governor Franklin to the Secretary of State, Earl of Halifax — relative to measures pro posed by the Postmaster-General for improving Correspondence between the several Colonies. [From P. R. O. America and West Indies, Vol. 172 [190).] Burlington, Nov^ 8, 1764 Right Honble Earl of Hahf ax My Lord I had the Honour of receiving your Lordship's Letter of the 11'-" of August, containing His Majesty's Com mands relative to the Post-Office in America. Your Lordship may rely that I shaU not fail giving all the Assistance that may be in my Power towards forwarding the Measures proposed by His Majesty's Postmaster General, for improving the Correspondence between the Several Colonies on this Continent. There is as yet no Separate Map of this Province pubUshed, but as there is one preparing I hope it wiU not be long before I shaU have it in my Power to send it your Lordships. The Deputy-Post-Masters-General of America have sent to the General Post-Office in England one of Evans's Maps of the Middle Provinces with the Post Eoads mark'd out thereon, which I saw, and thought very exact. The Posts go now very regularly three Times a week, through this Province, between PhUadelphia and New York, greatly to the Convenience and Satisfaction of the Inhabitants. A new Eoad is lately opened thro' Bergen County to a Ferry over the North Eiver to New York, by which 486 AbMINI^TilATldN OF GOVERNOR I'RANEtlN. [1764 a Bay is avoided of Eight Miles that used frequently to interrupt & delay the Posts: But the Ferries not being as yet properly managed, I shall at -the next Sessions recommend it to the Assembly to regulate that Matter, as also to build Bridges where necessary. I shall upon all Occasions be ready to aid and support the Postmasters within this Province in the Execution of their Office. I have the Honour to be, with the greatest Eespect, My Lords, Your Lordships most obedient, and most humble Servant W? Franklin Letter from Governor Franklin to the Secretary of State, informing him that Frederick Smyth, Esq. , had been commissioned Chief-Justice in obedience to His Majesty's Mandamus. [From P. R. 0., America and West Indies, Vol. 172 (190).] Burlington, Nov' 12, 1764 The Right Honorable the Earl of Halifax. My Lord I have had the Honour of receiving His Majesty's Mandamus, directing me to issue a Commission to Frederick Smyth, Esq' appointing him Chief Justice of this Province, which I have accordingly obeyed. I have Ukewise recommended him to the principal Gentlemen of the Colony, from whom he has met with a Eeception equal to his Wishes. The Profits of the Office are I think, not equal to the Dignity & Impor tance of the Station, nor to his Merit; though I have procured Fifty Pounds p' Annum to be added to it 1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 487 since my Administration. I shall do all in my power to have it still further augmented, and am not without Hopes that I shall be able to succeed in my Endeavors for that Purpose. 1 have the Honour to be, with the utmost Eespect, My Lord, Your Lordships most obedient & most humble Servant W" Franklin. Letter from John Pownal to Governor Franklin, en closing an order for repealing an act for render ing void the lottery lately made by Peter Gordon, etc. [From P. R. O. B. T. New Jersey, Vol. 17, p. 190.] Whitehall Dec^ 7. 1764 To Wilham Franklin Esq!" Governor of New Jersey. Sir, I am directed by the Lords Commissioners for Trade and Plantations to send you the inclosed Order of His Majesty in Council repeaUng an Act passed in the Province under Your Government in Sep' 1762 En tituled, An Act for rendering void the Lottery lately made by Peter Gordon for the sale of certain Lands lying in the County of Middlesex, and to reUeve and secure the Trustees and Managers of the said Lottery against any Action that is or may be brought against them con ceming the same. I am. Sir, Your most obedient humble Servant John Pownall ADMINISTRATION OF GOtERSfOR FRANKLIN. [1765 Letter from Governor Franklin to Secretary of State, the Earl of Halifax, enclosing a petition from the principal possessors of the islands in the River Delaware, praying to be annexed to the Province of New Jersey, and his remarks upon the same. [From P. B. O., America and West Indies, Vol. 172 (190).] Burlington, New Jersey, Feb"-^ 21 1765 Right Honble E. of Hahfax My Lord I have the Honour to transmit to your Lordship, a Petition to His Majesty in Council, which was delivered to me for that Purpose by the principal Possessors of the Islands in the Eiver Delaware, praying for the Eeasons therein Setforth, to be annexed to this Province. Those Islands have never, been granted by the Crown, nor annexed to any Government, and being therefore without the Eeach of the Process of any His Majesty's Courts of Justice, Malefactors frequently take Eef uge there, & even Murder has been committed in several of them with Impunity. To remove such great Nusances to the neighbouring Colonies, it seems absolutely necessary that those Islands should be plac'd under the Jurisdiction of either this Province or Pensylvania, between which they are situated; The principal Possessors of them chuse however, for many Eeasons, to have them an nexed to New Jersey, but particularly as that is a Eoyal Government. They alledge, that not withstand ing they think they have an equitable Title to the respective Islands they possess, as having paid a valu able Consideration for them to the Original Owners & Possessors, and expended large sums in their Cultiva tion & Improvement, yet in order to prevent aU Con troversy on that Head, they are desirous to receive 176,51 ADMINISTRATION OF GOVERNOR FRANKLIN. 489 Grants of Confirmation from the Crown, and, on that Condition, they are wiUing to have their Lands sub jected to any Quit Eent which shaU be thought reasonable. I doubt not but that they might be easUy brought to consent to pay at least Ten Times the usual Quit Eent reserv'd in the King's Colonies: which, with what could be raised by Leasing those Islands that are not yet occupied (of which there are several of Value) might in Time, if properly managed, produce a Eevenue nearly equal to, if not quite sufficient for the Civil EstabUshment of this Province. Now as the Crown has no Eevenues arising in this Govemment, out of which the Salaries of its Officers can be paid, and as they are rendered dependant on the Assembly for their Subsistence; I submit it to your Lordship's Consideration whether it may not be for His Majesty's Service that the Prayer of the Petitioners should be granted. 1 can with Truth assure your Lordship that in Times of the best Harmony between the Governor and People, all that he can any ways make of this Govern ment is but barely sufficient to support him suitable to his Eank in the Colony. It is impossible for him, un less he Uves in such a manner as to disgrace his Com mission, to lay up in Twenty Years as rauch as would afterwards maintain a Family with Decency. And as to the Chief Justice, his Salary is so very small that it can by no raeans afford him a Maintenance proper for a Gentleman in that Station. — The Salaries both of Governor and Chief Justice have, 'tis true, been aug mented since my Arrival, but they stiU bear no Pro portion to the encreased Expense of Living in America. It was the Purpose of M'-' Chief Justice Smyth and myself to have presented a Memorial to your Lordship, praying your Intercession with his Majesty to have us rendered more independent of the Assembly, by grant- 490 ADMINlSl'RATlON OF GOVERNOR FRANKLIN. [1765 ing us an Allowance out of the King's Eevenues in America, as has already been done to several of the Crown Officers in our Stations, But as no Eevenue arose to the Crown out of this Province, and as the Eevenues arising in other Governments might, for aught we know, be already charged to their full Amount, we agreed to defer giving your Lordship the Trouble of such an Application tiU we could be better inform'd of that Matter. However, as an Opportunity now offers of creating a new Eevenue to the Crown, which may probably be brought to answer the Pur poses above mentioned, I humbly hope your Lordship will be so good as to excuse my taking the Freedom of acquainting you with our Situation, and requesting your Interest in our Behalf. I have the Honour to be, with the utmost Eespect, My Lord, Your Lordship's most obedient & most humble Servant Wf Franklin Letter from Governor Franklin to the Lords of Trade, informing them that the Assembly had granted. bounties for raising hemp, and for the culture of silk ; also containing remarks on an Act lately passed there, for regulating the practice of the Law. [From P. R. O. B. T., New Jersey, Vol. 9, K. 58.] Burlington, New Jersey, S'!' Aug'.' 1765 To the Lords of Trade. My Lords I have the Honour to transmit to your Lordships the Minutes of CouncU, and the Acts passed at the late Sessions of the General Assembly of this Province. 1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 491 The Sessions prov'd a very amicable one, & no less than 35 Acts were pass'd, the most ever known to have been passed at any one Time within this Colony. — I prevailed on the Assembly to grant some Bounties to encourage the raising Hemp & Flax, & the Culture of Silk for Exportation to Great Britain. They have also made Provision for defraying the Expence of sur veying the Publick Eoads, iu order to their being short ened & rendered more commodious for Travelers, agreeable to my Eecommendation. I beUeve that none of these Acts contain any Thing of a new and extraordinary Nature, except it be the Act for regulating the Practice of the Law, which as it made some Innovations in the Practice, and would in some Degree Dirainish the Nuraber of Proceedings in the Courts, & thereby proportionally lessen the Revenue that would otherwise arise from the Stamp Duty which is to take Place- in November, I refused my Assent to it, unless a Clause was first added, sus pending its Effect tiU His Majesty's Pleasure should be known thereupon, which was done accordingly. — It is agreed on aU Sides, that a Law of this Nature is much wanted, as many the Lawyers have been guilty of very indirect Practices in their Profession, to the great Injury of many of the Inhabitants, But whether this Law wiU be likely to answer the Purpose, your Lord ships will be best able to judge when you hear what the Asserably (who intend to solUcit its Confirmation) have to urge in its Favour. Nothin^_extraOTdinary_has_ocra my—last ¦IjeiterToy^urXordiE^sTTh^^ sists between4be-.sev^rir~Branches^f the Legislature. ..^SirTare no Parties existing in tggce^and Quietness, Sc likely to remain so I anvwith the greatest EespectTHyTlords, Your Lordships most obedient humble servant Wf Franklin 493 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 Letter from Secretary Conway to Governor Franklin, relative to the petition from the principal possess ors of the islands in the River Delaware. [From P. R. O. America and West Indies, Vol. 190.] S'' James's, Septr 14'-" 1766. Governor Fanklin. Sir, Yours of the 2P-' February last has been received. I am only to acquaint You that the Petition from the principal Possessors of the Islands in the Eiver Dela ware has beeu laid before His Majesty's Council, and wUl have all that Attention which its Importance de serves, nor will the Eepresentations you make of the Situatioii of Yourself, & the Chief Justice, be unat tended to as I am confident that His Majesty and His Servants will be pleased to find an Opportunity of giv ing all reasonable Satisfaction to every Officer of the Crown employed in the Colonies who is attentive to His Duty there, and found deserving of such Marks of Favour as can with Justice & Propriety be granted. I am &c" H. S. Conway. Letter from Gov. Franklin to Secretary Conway — relative to the Act for establishing a Stamp duty in America, enclosing copies of letters from Wil liam Coxe, General Gage and others. [From P. R. O. America & West Indies, Vol. 172 (190).] Burlington, New Jersey Septv 23'? 1765 Rt. Honble Henry S. Conway Esq. Sir I have the Honour of receiving your Letter of the 12'!' of July, notifying your Appointment to the Sec retaryship for the Southern Department, and signify- 1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 493 ing His Majesty's Pleasure that I should, for the future, direct my Dispatches to you. Be pleased, Sir, to permit me to present my dutiful Respects & Congratulations to you on the Occasion. — You may rely. Sir, that I shall not fail transmitting to you an Account of every Matter of Iraportance to His Majesty's Service which may from Time to Time arise within this Province. The pririnipa,1 Mp.it.PT' jwHirOi f^git.at.Pg t.he. Miuds of t-jvg^People, &-M:Hi<^^d-yw^rns to ijTgrosft-all AtteniioTij is the-A:et-o£-Pariiainent~for"~estabUshing a Stamg^uty in America^ I hnri lately a M'^eting wTtlTtlieAssem- bly of this Proyjnce^and had the Pleasure ofTBndihg otiai^olonies, they were determined to conduct them- is:aar^-ecgtnT6"'"sober^TrtifulIin^ loyal Subjects^ Tlie Assena]ilyL_Qf_Massaohjissts_Bay requested them to send a Committee_to New York^JiL-. .order to join in a EemoniiErajrce'^a^nstJihe_Act-;-.but iheyjcefusedjJnThe^ manner''you_jwill_seej3y:-tha en- closed Conv of their Letter lolhe..-St>eaker. And from the whole of the Conduct of the People of this Prov ince, I ara conyijiG^d~fcl3iat altho' raany__i)f them have Objections to the Act, yet none of them would have ^^deavgured^q_^^entjtaJExec^ or Jltjierwise. The Person who was^ppointecTDistrfbuEor of Stamps for New- Jersey has, however, taken Fright at the outrageous Proceeding which have happened in other Colonies, & resigned his Office without even en deavouring to execute it, notwithstanding he had , entered into a Bond of Three Thousand Pounds Pen alty, that he would do all in his Power to carry it into Execution. He was assured from me, that he should have all the Protection which the Powers of Govern ment could afford, & that if they should prove insuffi cient I would caU upon General Gage for the Aid of the MUitary, but he could not be prevaU'd on to act, as 494 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 you wiU see. Sir, by the Copy of his Letter and my Answer, enclosed. I have, therefore gummoned aU JJie_MCTnhfiiux>f-i2aiiJiciLia.mBethm:^^ next^ (which is as soon as they can be got togeHierXin^order ^Jg-as^-feheir Advice -gQ,_the Means prop^_to_be_taken .tor the Preservation ofjhe StalirpsrwE^Ithey_arHYer In the" nieairTime, I "have wrote to the General to know if I could receive any Assistance from him, in case it should be necessary ; and he has promised that the Aid of the Military shall not be wanting. My Let ter to him, & his Answer, are enclosed. Altho' I am not particularly^-eijipoweredj_byJnstruc- tion frora His Majesty,_to_appoint an Officer for~d^is- _tributing the^Stamps^jipon the Brown: PhiUp, 5, Buckley: Eichard, 591. Budden: Captain, 524. INDEX. 647 Campbell: John, 835. CampbeU; Lord WilUam, 631. Carr: Su- Eobert, 229. Carteret: Govemor, 456. Chambers: John, 178. — One of the Com missioners to try Pirates, 283. Cholmondeley: Eobert, Letter to the Lords (tommissioners ofhis Majesty's Treasury, submitting Orders and In structions for the Eeoeiver-Geueral, 389. Clarke: George, named as one of the Commissioners for trying Pu-ates, 283. Clarke: James, 180, 181. Coates: Christopher, 257. Coe: Daniel. Ensign in the New .Tersey Eegiment, 187. Colden: CadwaUader, 246.— Petition of PhUip Swartwout to, in relation to the Northern Boundary, 250.— Letter from, to Govemor Boone, relative to Northern Boundary Dispute, 253.— Named as one of the Commissioners for trying Pirates, 283.- Eeferred to, 308, 325, 433.— Letter frora, to Secre tary Conway, relative to the Stamp Act, 500.— Eeferred to, 510.— Letter from, to Governor Franklin, relative to the Stamped Papers, 511. Cole: Cornelius, 180, 181. Collier: John, 621. Conttrack: Abraham, 117. Conway : Secretary, Letter from, to Governor Franklin, relative to the petition from the possessors of the Islands in the River Delaware, 492.— Letter to, from Lieutenant Govemor Colden, relative to the Stamp Act, 500.— Letter from, to Govemor Frank lin, authorizing him to call out the land and naval forces, 501.— Circular Letter from, announcing the progress in Parliament for the repeal of the Stamp Act, 549.— Circular Letter from transmitting Acts of Parliament for securing the dependency ol the Colo nies on the mother counti-y, an 1 for the repeal of the Stamp Act, 550.— Letter to, from Govemor Frankhn, transmitting a copy of his speech to the CouncU and Assembly on the repeal of the Stamp Act, 555. Cooper; Mr., 627. Corbin: Eichard, 390.— One of the Oom missioners to settle the Boundary Line, 447. Cornwallis; General, 8, 14, 16. Coryell: George, Lieutenant tn the New Jersey Eegiment, 185, 187. Council of New Jersey: Address (Jf, to Lieutenant Governor PownaU, 4. — Vacancies in, 126, 383 — Minutes of, 509.— Address ot, to his Majesty on the repeal of the Stamp A-ct, 558.— Eeply of to the congratulatory speech of Governor Franklin, 562.— Fees of the Clerk of, 597. Courts: Govemor's power to establish, 28, 29, 55.— Minutea of the Supreme Com-t on the claim of Mr. Morris, 214. —Court of Chancery, 297.— Tenure of the Commission of Judges, 331, 334, 339, 349.— Surrogate, 369. -Ordinance for holding the Supreme Court, 484. —Instruments uaed in the various Courts, 380.— Eemarks of Governor Fi-anklin on an Act regulating the practice ol the Law, 490.— The Courts and the Stamp Act, .605, 531, 636, 540, 546.— Fees of the Justices of the Supreme Court, 593.— Fees of the Pre rogative Court, 595. —Fees of the Clevk of the Supreme Court, 596.— Fees of the Attorney-General, 598.— Sheriff's Fees, 599.— Fees in the Court of Com mon Pleas, 600, 601.— Fees ofthe Clerk ol Assize,602.— Witnesses', Surveyors' and Jury Fees, 603.— Constables', Cryers' and Coroners' Fees, 604.— Lawyers' Fees,606.— Pees in the Court of Chancery, 609 to 616.— Admiralty Courts, estabUsment of, 621. Cox: WUUam, Bnaign in the New Jeraey Eegiment, 187. Coxe: WUUam, Letter to Gov. FranMin, 497.— Eeferred to, 514, 515, 51b, 517, 519 Crane:' Phinehas, Ensign in the New Jersey Eegiment, 187. Crawford: General, 377, 278. Crawley; John, 331. Croghan; Colonel, Deputy Agent tor Indian Affairs, 521. Cryer: Thomas, 818. Cuttebach: William, 178 179 CuykendaU: Solomon, 180, 181. D. Davis: Deborah, 251. „ .^ ^ , „,., Davies; Eev. Samuel, President of the CoUege of New Jersey, death of, 36H. Dayton: EUas, Ensign in the New Jersey Eegiment, 185, 186, 187. -Letter to, trom Su- Jeffrey Amherst, relative to troops at EUzabethtown, 365. De Lancey: .Tames, Lieutenant-Governor of New York. 178, 250, 251, 355. Delaney: Oliver, named as one ot the Commissioners for trying Pirates, 283. De Lancey: Stephen, 641. De Grey: WUUam, 629. Dennis: Jacob, Surrogate, 3bO Denny: WUUam, Letter to, from John Reading,110.— Note on, UO.— Eeferred to, 120, 141. Doane: Jonathan, Surrogate, dbO. Donaldson: WiUiam, 186, 468.--Sketch of the reasons why Captain Kennedy s claim to a share of tke Bergen Com mona waa not admitted, 4i4. Dongan: Govemor, 336. Doud- Aaron, Surrogate, 35a. Douglass: WUliam, Captam m the New Jersey Regiment, 184, 18b. iDravton: WUliam, 621. Drummond; Andrew, 446. Duncan: Alexander, 622. Dun-eU: PhUip, 110, 648 INDEX. E. Earle; Edward, 451, 4.54. Egremont; Earle of, 335.— Letter from, to the Governors of North America, relative to Military Affairs, 330.— Ee ferred to, :?37.— Letter to, from Gov ernor Hardy, relative to Duty on im ported Negroes, 347.— Letter to, from "Governor Hardy, relative to the war with Spain, 363.— Letter from, to the Lords of Trade, announcing the ap pointment of WUUara Franklin as Governor ot New Jersey, 368.— Letter from, to Governor Hardy, informing him ot his removal from the Gov ernorship, 374.-Letter to, from Gov-. ernor Iferdy, 379.-Letter to from Governor Franklin, relative to Indian hostilities, 393. EUot; John, 622. ElUot; Andrew, 682, 591, 624, 631. Ellis; Joseph, Captain m the New Jersey Eegiment. 184. Emmons; Nicholas, 351. Everett: Daniel, Sheriff of Orange Coun ty, Letter from, to George Banyar, Deputy Secretary of the Provinc» ot New York. 182. Ewing, MaskeU, Surrogate, 359. Falkner: WilUam, Lieutenant in the New Jersey Eegiment, 187. Fans: William, 633. Fauquier: Francis, Lieutenant Govemor of Virginia, 531 . Fees taken in the different offices of the Province of New Jersey, 593. Field: (Fell) John, 339. Fell: John, 446. Fitzroy; Mr., 15. 16, 17, 641. b^orbes: General, 120. Forrest: Captain James, 226. Forrester: Major, 228. Foster: WilUam, 356, 357. FrankUn: Benjamin, 349.— Letter to H. Potts, Secretary to the Postmaster- General, relating to the Post Eoutes in New Jersey, 365. — Referred to, 369, 371.— Letter to, frora Governor Frank lin, relative to the negotiations of Colonel Croghan vrith the Indians, 531. — One of the Commissioners to settle the Boundary Line between New York and New Jeraey, 582, 591 . —Member of the Court of Admiralty, 621. — Letter to, from Governor Frank lin, 625. — Commissioner to settle the Boimdary, 631.— Letter to, trom Gov emor Franklin, relative to rumors of an attempt to remove the Governor, 640. Franklin; William, appointed Governor ot New Jersey. 368. — Commission of, as Governor, 368.— Sketch of, 369.— Commission of Vice Admiral, 372.— Letter from, to the Lords of Trade, announcing his arrival in New Jersey, and notifying them of tbree vacan cies in the Council, 333.— Letter to the Lords of Trade, inclosing Minutes of Council and six acts passed by the Assembly. 388.— Letter from, to the Lords ot Trade, informing them that the Indians had re-commenced hos tilities. 891.— Letter from, to the Earl of Egremont, relative to the Indian hostUities, and the measures taken for defence, .39.3.— Letter to, from the the Lords of Trade, relative to the issuing ot certain sums ot paper money, 896.— Letter from, to the Lords of Trade, relative to repelling the hostilities of the Indians, 398.— Letter trom, to the Lords ot Trade* relative to an act for raising troops tor the defence ot the Pro-rince, 400. — Letter from, to the Lords of Trade, relative to the transmission of public papers, the revenue, and money for public buUdings, 402. — Letter from, to the Lords of Trade, informing them of the death of Robert H. Mor ris, and the appointment of Charles Read to succeed hira; also recom mending Richard Stockton to be a raember ot the CouncU, 436.— Letter from, to the Lords ot Trade, relative to raising levies; alsoto some acts of the Assembly, and to Mr. Ashfield's claim of precedence over Mr. Ogden, 428. — Letter from, to the Earl ot Hali fax, relative to raising troops, and inclosing letter ot General Gage, 431. —Letter to the Lords of Trade, an nouncing that the Six Nations of In dians, are likely to render aid that will end the Indian war for the sum mer, 433. — CompUmentary letter to, from Lord Halifax, 439. — Letter to, from the Lords of Trade, relative to James Parker and Frederick Smyth; also to the dispute between Mr. Ogden and Mr. Ashfield, and to the importa tion of Negroes, 444. — Commissioner to run the boundary Une between New Jersey and NewYork, 447.— Let ter from, to the Earl of HaUfax, ex pressing thanks for his letter, 453. —Letter to the Lords of Trade, in reply to theirs of July 13, 1764, 458.— Letter from, to the Lords ot Trade, relative to the complaint of Captain Kennedy, concerning the partition of common lands in Bergen County, 459.— Letter to the Earl of Halifax, relative to the same, 461. — Letter to, from William Bayard, relative to the same, 467.— Letter from, to WiUiam Bayard, relative to the same, 471. — Referred to. 475, 476.— Letter from, to the Lords of Trade, relative to the act for the partition of Bergen, 578.— Letter from, to the Earl of HaUfax, inclosing the Attorney-General's list of the instruments, etc., made use of in New Jersey, 470.— Letter from, to the Earl of HaUfax, announcing the appointment of Frederick Smyth to hf. Cliief-Justice, 486.— Letter to, from John Pownall, relative to Peter Gor don's lottery, 487.— Letter from, to the Earl of Halifax, relative to the INDEX. 649 Islands in the Delaware Eiver, 488.— Letter from, to the Lords of Trade, relative to bounties for raising Hemp and Silk, 490. — Letter to, from Secre tary Conway, relative to the Islands in the Eiver Delaware, 492.— Letter from, to Secretary Conway, relative to the Stamp Act, inclosing letters trom WUUam Coxe, General (3-age and others, 492.— Letter trom, to Wil liam Coxe, 497. — Letter from, to the Lords of Trade, with respect to the Stamp Act, 499.— Letter to, from Sec retary Conway, authorizing him to call out the land and naval forces. 501. — Letter from, to the Lords of Trade, relative to the troubles caused by the Stamp Act, 505.— Letter from, to Sec retary Conway, relative to the Stamp Act, inclosing Minutes of the Assem bly, 507. — Letter to, from Lieutenant- Governor Colden, relative to the Stamped Papers New Jersey, 611. — Letter to, from Archibald Kennedy, relative to the same, 513. — Letter to, trom James Hawker, relative to the same, 513. — Letters from, to Captain Hawker, 514, 519.— Letter to, from the Lords of Trade, concerning licenses for marriage, 530. — Letter from, to Benjamin Franklin, relative to the success of Colonel Croghan with thelndians, 531.- Letter from, to the Lords of Trade, relative to the Stamp Act, 534.— Eeferred to. 530.— Letter trom, to Secretary Conway, trans mitting his speech to the Council and Assembly, on the repeal of the Stamp Act, 555.— Eeply of the Coun cU to his speech, 563. — Letter from, to John PownaU, transmitting votes and laws of the Assembly, 567. — Let ter from, to the Duke of Eichmond, acknowledging receipt ot acts of Parliament, etc., 5G8, — Letter from, to the Earl of Shelburne, concerning the murders and violences committed on the Indians, 574. — Letter from, to the Earl of Shelburne, relative to the trial of one Seymour for murdering an Oneida Indian , 578.— Accoimt by of the Standing Salaries to the Offlcers of Govemment, 579. — Letter from, to Lord Shelburne, relative to the An nual Charges in the Prorince of New Jersey, 586.— Letter from, to the same, transmttting a list of the fees taken in the different offices of New Jersey, 593. — Admiralty Court, 621. — Letter to, from Secretary Shelburne , expressing the King's displeasure with the Assembly tor not obeying an act of Parliament, in regard to punishing mutiny and desertion, 688. —Letter of acknowledgment from, to Secretary Shelbume, 640.— Letter from, to Benjamin Franklin, in rela tion to rumors of attempt to remove the Governor 640.— Letter from, to Secretai-y Shelburne, relative to quar tering troops in I he Colonies, 043. FrankUn: WiUiam Temple, 371. Franklin: Mrs., 640. G. Gage; Gen. Thomas, 431.— Letter from to Gov. FrankUn, relative to miUtary affairs, 433. — Letter to trom Gov. Franklin, relative to the Stamp Act, 494. — Answer thereto, 495. Gardner: Captain, 132, 123. Gates: Horatio, 427. Germain: Lord George, 477. GUI: Michael, 622. Gilman: Freeman, Ensign in the N. J. Eegiment, 187. Goelet; Francis, 334. Gomar: Peter, 179. Gordon: Peter, Lottery made by, 344, 458.— Order to repeal the act render ing his Lottery void, 487. Gorham: Joseph, 591. Govemors of Colonies: Circular Letter to inclosiag Proclamation of thanks giving, 183.— Circular letter, in rela- fion to old seal, 348.— Instruction to relative to prayers for the Eoyal family, 244, 302.— Instructions to as to settlements on the borders likely to interfere vrith the Indians, and the tenure ot Commissions granted to the Judges and other ofdcers, 331, 336 339.— Circular letter to relative to recruits, 330.— Instructions to in re gard to prayers for the Eoyal f amUy, 375. — Instmctions relative to fees taken by several offlcers of govern ment, 440.— Circular letter to relative to the Stamp Act, 549.— Circular let ter to, transmiiting act of Parliament repealing the Stamp Act, 550.— Ch-cu- lar letter to, transmitting act to in demnity auch aa had incurred the penaltiea of the Stamp Act, 653.— Circular to, requiring acoounta ot manufactures, 563.— Instructions to, regulating correspondence, 566.— Cir cular in regard to complaints made by the Superintendent of Indian Af fairs, 669.— Circular to, requesting es timates of the annual charge of main taining the establishment ot their re spective provinces, 573.— Instruction to forbidding any alteration in the number of the Assembly, 637, 638. Grafton: Duke of, 9, 15. -Letter to frora the Lords ot Trade, transmitting papers, containing information con cerning riots in America in conse quence of the Stamp Act, 526.— Re ferred to, 641. Grant, Jr.: James, 621. Griffin: Thomas, Ensign in the N. J. Regiment, 185, 187. Guerrish: Joseph, 591. H. Hackett: John, 7. . ^ ^^ « „, HaUfax: Lord, 210, 34-4, 431.-Letter from to Gov. Franklin, complimenting his zeal in protecting the frontiers ot New Jersey, 439.— Circular letter from informing the Govemors of America that the House ot Commons had re solved to charge certain stamp duties 650 INDEX. tn the Colonies, 448.— Letter of thanks to, from Gov. Franklin, 463.— Cora plamt made to by Captain Kennedy, concemmg partition of lands m Ber gen County. 459.— Letter to from Gov. FrankUn, relative to Captain Kennedy's complaint, 461.— Eeferred to, 471.— Letter to trom Gov. Frank Un, inclosing a Ust ot the instru ments, etc., raade use of in New Jer sey, 479.— Letter to from Gov. Frank lin, relative to the appointment ot Frederick Smyth as Chiet-Justice. 486.— Letter to from Gov. Franklin, reapectmg the islands in the Dela ware, 488. HaU; Darid, 627. ^ ^ . HaU; Eeuben, Ensign in the N. J. Eegi ment, 185. Harailton: John, 7, 3-42. Haramel: Bryan, 180, 181. Hardy; Josiah, appointed Governor of New Jersey, 359.— Commission as Govemor approved by the King in Council, 262.— Commission of, 270.— Drafts of General Instructions, and those relating to Trade, 272, 374.— Coramiasion to be Vice-Admu-al, 280. —Named as one of the Commissioners for trying Pirates, 283 —Draft of In structions approved by the King in CouncU, 285.— Letter to the Lords of Trade announcing his arrival in the Province, 316.— Sketch of, 316.— Let ter trom, to the Lords of Trade, an nouncing his re-appointment of Mr. Morris Chief-Justice, and Messrs. NevUl and Saltar, Second and Third Judges; also referring to Bill for laying a duty on imported Negi-oes, 345.— Letter to the Earl ot Egre mont, relative to the duty on im- gorted Negroes, 347.— The vaUdity ot is appointment of Judges during good behaviour referred to the Attor ney-General, 349. — Commisaion from, to John Brainerd, 355. — Removal of, asked for by the Lords of Trade, .361. — Letter trom, to Secretary of State on the declaration of war against Spain, 363, — Letter from, to Secretary Pownall, relative to Mr. Morris, and the death of Andrew Johnston, 364. — Eeferred to, 365. — Letter from, to the Lords of Trade announcing the death of Andrew Johnston and recommend ing Stephen Skinner as Treasurer of New Jersey, 366. — Informed of his re moval froin office, 374.— Letter from, to the Lords ot Trade, announcing the appointment of Mr. White to be Judge of Admiralty in place of Mr. Lewis Morris, deceased, 377.— Letter from, to Earl ol Egremont, acknowl edging receipt of the notice of his remo-val from offlce, 379.-Answer to queries conceming the vahdity of his appointments, 380.— Letter from to the Lords ot Trade, Inclosmg Acts and public papers, 382.— Eeferred to, 386 459. Harford: Lord, 9, 15. . Harker: Samuel, Captam m the New Jersey Eegiment, 184. ^ ^. „ , Hasenclever; Peter, Petition to the Earl of Shelburne to be aUowed to pur chase lands at St. Maurice, 583.— Sketch of, 583. Hawker; James, Letter from, to Gov ernor FrankUn , relative to tiie Stamps for New Jersey, 513.— Answer from Governor Franklin, 514.— Letter to, trom Govemor FranMin, 519. Hawke: Admiral, 210. Hazen; Colonel, 339. Hemp ; Bounties upon, 405. Henderson: Michael, Ensign in the New Jersey Regiment, 187. HUlsborough; Earl ot, 342. Hodgson: Geneial, 377. HoUand: Samuel, 583, 591, 624, 631. HolUngshead: Mr., 338. Hooper: Eobert, Eecommended by Gov ernor Bernard as a flt person to be appointed a Member of the CouncU, 127. Hooper: Eobert Lettice, 315, 331, 339. Hopkinson; Thomas, 622. Hornblower; Josiah, 331. Horsmanden; Daniel, 178.— Named as one of the Comraissioners for trying Pirates, 283. House of Representatives of New Jersey: Address to, by Governor Barnard, 3-JO.— Address of, to Govemor Ber nard, 222.— Address ot, to Govemor Boone, 387.— Answer to, of Govemor Boone, 288. Houston; Alexander, 625. Howard: Charles, 621. HubbeU: Nathaniel, Jr., Lieutenant in the New Jersey Eegiment, 185. Hudd, Jr. : James, Surrogate, 360. Hude; James, 33.— Member of Council, 374.— Named as one of the Commis aionera for trying Pirates, 383.— Death of, 386 —Referred to, 394. Hughes; John, 516, 618. Hunt; Enoch, Ensign in the New Jersey Regiment, 187. Hunt: Sarauel, Major ot the New Jersey Eegiment. 184, 186. Hutchinson; Thomas, 390. Indians: Invasion ot, 130.— Message to from Gov. Bernard, 125. — Deputation , ot to the Governor, 128. — Gtov. Ber nard's conference with, 139. — Co-ope ration ot, 173.— Town laid out for. 174, 236. -Interference with, 331, — Ee-commenced hoatilities in the Ingersoll: Jarod, back country, 391. — Eepelling the same, 398.— Six Nations ot. 433.— Col. Croghan's negotiations with, 531. — Complaints concerning the murder ing ot, 589, 574. — Murder of an Oneida, 578. , 625, 031. INDEX. 651 Johnson: Abraham, 251. Johnson: Sir WUUam, 172, 178.— Named as one of the Commissioners for try ing pirates, 283.— Eeferred to, 533. Johnson: Wm. Samuel, Opinion of as to the ownership of the common lands set off to the Island Sekakus, 454. Johnson; Thomas, Ensign in the N. J. Eegiment. 185. Johnston: Andrew, Named as one of the Commissioners tor trying pirates, 283.— Eeferred to, 356, 857.— Death of, 364, 386, 394. Johnston: John, Colonel of the N. J. Eegiment, 184, 186, 187. Johnston: Lewis. Eecommended by Gov. Bernard as a fit person to be ap pointed a member of the Council, 137.— Letter to from Captain George Otter, 337. Johnstone; Dr. John, 185. Jones; Nathaniel, Eecommended by the Lords of Trade to be Chief-Justice, 173.— Eeferred to, 177, 310, 312, 214, 216.— Statement ot his dispute with Mr. Morris, 235, 239.— Eeferred, 348.— Eepresentation to the King concem ing, 364.- -Memorial in regard to his difficulties in New Jersey, 3-13. -Re monstrance of the Judges in behalf of, 344. Jones: Eobert, 633. Judges' Commissions, 321, 329, 349. Judges: Salaries of, 630. K. Kearney: PhUip, 16, 449.— Letter to from David Ogden, relative to a meeting of the attornies in regard to the Stamp Act, 581. Kemble: Mr., 511. Kennedy; Archibald, Complaint of con cerning partition of lands in Bergen County, 459.— Sketch ot, 460.— Letter of Gov. Franklin relative to his com plaint, 461. — State of facts concern ing his complaint,463. — Letter of Wm. Bayard relative to, 467. — Letter trom John Berrien relative to, 470. — Depo sition of Wm. Bayard in the same matter, 472 — Eeasons why his claim was not admitted, 474. — Letter from to Gov. FrankUn, relative to Stamp Act, 513.— Eeferred to, 641. Kembold: Peter, Member of CouncU, 374. —Named as one of the Commission ers for trying pirates, 383. KeppeU: Coramodore, 377. Ktnaay; Mr., 338. Kirkbride: Joseph, .395. KoUock: Shepherd, 637, 638. Kuyper: Justice, 470. L. Ladd: John, Eecommended by Govemor Bernard as a fit person to be ap pointed a raember of the Council, 127.— Surrogate, 859.— Eecommended by Gov. Kranklin as a member ot the CouncU, 387, 388.— Appointed member of the Council, .394.— Sketch of, 395.— Eeferred to, 396, 609. Lamb: Sir Matthew, 351, 443. Lawrence; Elisha, 343. Lawrance; Eobert, 18. Lawyers of New Jerse.y : Entered into an agreeraent not to aet under the Stamp Law. 505. — Proposed raeeting of, 531. —Attitude of, towards the Stamp Act, 636, 540.— Determination of, to resume practice regardless of the Stamp Act, .546.— Address to, by the Sons of Liberty, 547. Leaming: Aaron, 1-20. Lee: WiUiam PhiUps, 3-26. Legislature of Nev.' Jersey: Speech of Governor Bernard before, 159.— Ad dress of Governor Bernard to. 103. Leigh: Egerton, 621. Leisler, : Jacob, 337. Lennox: Lord, 15. Leonard: Joseph. Captain ni the New Jersey Regiment, 1S4. Leonard: Samuel, Surrogate, 860. Leonard: Thomas, Eesigns his seat in the Council. 127.— Eeferred to, 151, 1.53.— Note on, 153. Livingston: ChanceUor, 336. Longfield : Thomas, Lieutenant in the New Jersey Regiment, 187. Loudon: Lord, 17. Luse: Zephaniah, Lieutenant in the New Jerse.y Regiment, 185, 188. Lords of Trade ; Letters to, 1, 116, 130, 134, 129, 131, 137, 139, 174, 176, 305, 209, 313, 218, 324, 2;M, 338, 248, 349, 360, 263, 279, 299, 300, 305, 316, 345, 377, 883, 383, 388, .391, 398, 400, 424, 433, 444, 4.58, 459, 478, 490, 499, 504, .605, 534.- Letters from, 112, 153, 183, 188, 191, 217, 331, .398, 620, .526. --Representation from, proposing Francis Bernard to be Governor of New Jeraey, approved of by His Maj esty, 31.— Eeport of, respecting a bUl for issuing £89,000 in paper BiUs of Credit, 34.— Eepresentation from, to the King, with draft of Inatructiona for Governor Bernard, 38.— Report upon the aecond remonstrance ot Richard Partridge, respecting a bUl authorizing the issue of £89,000 in Billa of Credit, 113.— Eepresentation from, to the King, relative to a law for issuing BUls of Credit, without a suspending cl-ause, 147.— Eeport of the Privy Council, with draft of In structions to Governor Bernard, 156. Eepresentation of, to the King, pro posing Nathaniel Jones to be Chief- Justice, 173.— Representation, pro posing Thomas Boone as Governor ot New Jersey, approved by His Maj esty, 189.— Representation trom, to the King, with draft of Commission for Thomas Boone, 190.— Bepreaenta- tion from, to the King, mth draft of 652 INDEX. Instructions for Thomas Boone, 193. Representation of, to the King, re specting the diapute between E. H. Morria and Nathaniel Jones, for the offlce of Chief -Justice, 330.— Eepre sentation from, to the King, inclosing a draft of a proclamation for pro claiming him in the American Colo nies, 241.— Circular letter from, to the Governors of America, announcing that warrants for using the old seals were in preparation, 243. — Represen tations from, to the King, with draft ot instructions to the Governors in America, relating to the alterations in the prayers for the Royal Family. 244. — Directed by order of Council to grepare warrants tor continuing hristopher Coates and Joseph War reU in their offices ot Secretary and Attorney -General ot New Jersey, 257. — Propoaition of, that Josiah Hardy be appointed Governor of New Jer sey, approved by the King in Coun cil, 259. — Representation to His Maj eaty, relating to the dispute between Mr. Jones and Mr. Morris, for the offlce of Chief-Justice, 364.— Repre sentations of, to His Majesty, with drafts of general instructions, and those of trade, for Govemor Hardy, 272.— Representation of, to the King, naming peraona thought proper to be placed on the Commiaaion for trying Pirates, 283. — Eepresentation from, to the iSing, -mth draft of in structions, relative to the prayers for the Eoyal Family, 302.— Communica tion from, relative to interference with the Indiana, and the tenure of Commissions to Judges and other offlcers, 321.— Eepresentation of, rec ommending the disapproval of two acta passed by the Assembly, 831.— Eepresentation to His Majesty, ask ing for the removal of Govemor Hardy. 361 .—Representation trom, to the King, relative to alteration in the pra.yers tor the Royal Family, 375, 376.'— Eepresentation trom, to the King, relative to the bounties upon Hemp; to the paper currency, and to the duties upon Beaver Skins and upon Whale Fins, 405.— Report from, to the Lords ot the Privy CouncU, ¦with draft of instructions, relative to fees taken in the several offices of tbe American Plantations, 440. — Rep resentation of, to the King, propos ing Frederick Smyth and James Par ker as members of the Council of New Jersey, 442. — Representation of, to the King, proposing the repeal of an act for rendering void the lottery made by Peter Gordon, 443.— Report . from, to the Houae of Commons, firing a statement ot the Annual Ixpence of the several establish ments of the Colonies, 533.— Circular letter of, to the Govemors in America, requiring an account of the several manufactures, in their respective Governments, 563. — Eeport from, to the Earl of Shelburne, of the salaries of Governors, Judges and other prin- , cipal oflicers, 619.— Representation ' from, approving alterations in Ust of Commissioners for settling the boun dary line, 623.— Report to, from the Attorney and SoUcitor-General, rela tive to the act for preserving ships forced on shore or stranded, 688. M. Major: Mr., Engraver ot Seals, Direc tions to, for engraving new ones for the Colonies, 247. Manufactures; Suppressing those preju dicial to Commerce, 273.— Disadvan tages to, in England, 420.— Circular Letter requiring an account of the several manufactures carried on in the Colonies, 563.— Hasenclever & Company, manufacturers ot pig and ba.r iron, 583. Marriage Licenses, 604. Martin; Josiah, named as one ot the Commissioners for trying Pirates, 388. MaxweU; WiUiam, Ensign in the New Jersey Regiraent, 185, 186, 187. McDonald; WUliam, Captain in the New Jersey Eegiment, 185, 186. McEvers; John, 179. McKean; Rev. Eobert, 838, 340. MUitary Affairs: Warrant for settUng the rank ot Provincial Officers in North America. 19.— Estimate for raising, paying and clothing a Eegiment of 1,000 men, 143.— Preparations for the invasion of Canada urged, 149.— Rais ing a Eegiment of 1,000 men, 167, 168. —New Jersey Eegiment arrived at Albany, 174.— Officers of the New Jersey Regiment m the French War, 184. — Letter from Govemor Bernard on the BUl for raising Troops, 224.— Warrant to Darid Price to impress veasela to transport troops to New . Jersey, 246. — Raising an additional number ot troops, 260, 261. — Continu ing a part of the New Jersey Eegi ment, 299. — Letter trom the Earl ot Egremont, concei-ning, 330. — Troops at EUzabethtown, 365.-^Acts relating to, 389, 400.— Eaising levies, 428, 431, 433.— Land and naval forces to be caUed out to suppress disturbances caused by the Stamp Act, 501.— In equalities of the expense of quarter ing troops in the Colonies, 642. Miller: Ephraim, Lieutenant in the New Jersey Regiment, 185. Mills: WiUiam, 4. Mines in New Jersey: Association to work, 318. Minnevarre: Laird of, 837, 838. Mokawk River: Patents tor lands upon, 308. Monk: James, 621. Monckton: Eobert, named as one of the Coramissioners tor tr-ying Pirates, 283.— Eeferred to, 390, 400. Montague : Lord Charles, 621 Moore: Sir Henry, Governor of New York, 511.— Proclamation of, relative to the robbery of the East Jersey Index. 653 Treasury, 564.— Court of Admiralty, 621.- Referred to, 626. Morris: Charles, 583, 691, 631, 634, 681. Morris: Lewis, 216, 281, 339, 342. — De ceased, 377,— Sketch ot, 378. Morris: Eichard, 331, 621. Morris: Eobert Hunter, 7.— Pretensions of, to the offlce ot Chief-Justice, 176, 19i.— Patent appointing him Chief- Justice, 207.— Claim to the offlce of Chief-Justice. 209.— Proceedings of the Supreme Com-t lu relation to his claim, 212.— Minutes of the Su preme Court in relation to, 314.— —Letter from, to Governor Boone, stating his dispute with Mr. Jones, 235, 238.— Eefei-red to, 348.— Eepre sentation to the King, concerning, 264.— Member of Council, 274.— One ot the Commissioners for trying Pirates, 383.— Referred to, 324, 3^ 343.— Re-appointed Chiet-Justice by Governor Hardy, 345.- Eeferred to, 361, 362. — Eecommended by Governor Hardy for Chief-Justice, 364.— Ee ferred to, 371.— Death ot, announced, 426. — Circumstances attending his death, 427.— Referred to, 430, 442, 445. Murder within the Umits of the AdmiraPs jurisdiction: Bill for trial ot, 352. Murray: James, 622. N. Negroes: Duty on the importation of, 345, 347, 383, 444, 468. New Castle: Duke of, 15. Newcomb: Silas, 185, 188. NevUl: Samuel, 31, 217, 345, 437.' NichoU: Colonel Richard, 239, 621. Northumberland: Earl of, 631. Norton: Fletcher, SoUcitor-General, 397. Nugent; Sir George, 460. Ogden : Amos, 186. Ogden: David, 217, 337, 374.- Named as one of the Commissioners for trying Pirates, 283. — Precedence in the Coun cU over Mr.Ashfleld, 428. — Precedence granted to him, 444. — Note on, 451. — Referred to, 509. — Lelter trom, to Philip Kearney, relative to a meeting of the Attornies in regard to the Stamp Act, 531. Ogden: Lewis,_ Surrogate, .360. Ogden: Robert, Surrogate, 360.— Letter from, to Cortlandt Skmner, advising that the Colonies unite to keep off the threatened blow of imposing taxes, duties, etc., 449. — Note on, 451. — Letter to the Speaker ot the Massa chusetts Assembly, 496. — Eefen-ed to, 518.— Note, 625. Ogden; Uzal, Surrogate, 360. OUver: Andrew, 390.— One of the Com miasioners to settle the Boundary Line, 447, 582, 591, 634, 631. Otter: George, Letter frora, to Lewis Johnston, relative to an Island be tween Burlington and Bristol, 337. P. Paper Currency, 11, 34, 107, 113, 131, 137, 143, 147, 156, 170, 396, 405, 459. Paris: Ferdinand John, 342, 446. Parker: James, Eecommended to be a Member of the Council by Govemor Hardy, 366.— Eecommended for the same offlce by- Govemor Franklin, 437.— Proposed to the King by the Board of Trade, 442.— Eeferred to, 444. —Sketch of, 448.— Letter from, to Govemor FrankUn, acknowledging the receipt of the King's Mandamus to be one ot the CouncU, 483.— Letter to, from Colonel WUliam Skinner in regard to the Stamp Act, 548.— Letter to, trom John Stevens, giving names ot Commissioners tor settling Boun dary Line, .581.— Note, 0:6. Parker: Colonel John, Return ot Stores at Schenectady, 10.— Note on, 10.— Letter from, to Lewis Johnson, on the co-operation of the Indians, 173. —Referred to, 184. Partridge: Richard, 9.— Petition of, 11, 12.— Eeferred to, 17.— Memorial re specting a Bill for emitting £89,000 in BUls of Credit, 107.— Eeport of Lords of Trade on his remonstrance respecting Bill tor authorizmg an is.sue of £89,000 in BUls of Credit, 113. —Eeferred to, 445. Partridge: WUliam, 445. Paxton; Charies, 632. Penn: William, Referred to, 395. Percival: Hon., Spr., 621. Peters: WiUiam, 632. Pew ; William, Jr. , Lieutenant in the New Jersey Eegiment, 185, 187. Pinhom; Mr., 452. Pitt: WUliam, 9, 17, 112.— Letter from, to Governor Bernard, urging prepara tion for the invasion of Canada, 149. —Eeferred to, 161.— Letter to, frora Governor Bernard, 166.— Eeferred to, 170, 211.— Letter to, from Governor Bernard, Inclosing his address to the Legislature, 319.— Eefen-ed to, 221, 238.— Order from, relative to the Seal of New Jersey, 289.— Letter to, from Governor Boone in regard to illegal trade in New Jersey, 240.— Letter to, from Governor Boone, relative to raising troops, 361.- Eeferred to, 368, 278. Ponnereau: Mrs., 307. PownaU: John, 3.— Letter trom, to James West, Secretary of the Lords ot Treasury, 806.— Letter from, to Sir Matthew Lamb, desiring him to draft a Bill for puniahment ot murder, 851. —Letter inclosing repreaentation ot the Lords of Trade, asking tor the 654 INDEX. removal of Govemor Hardy, 360. — Letter to Attorney-General York, relative to the holding of lands in Araerica by aUens, 383.— Letter trom, to Sir Fletcher Norton, SoUcitor- General, relative to aliens acquir ing lands in America, .397.— Letter to Governor Franklin, inclosing order to repeal the act rendering void the Lottery made by Peter Gordon, 487.— Eeferred to, 529, 530.— Letter to, from Governor Franklin, transraitting votes and laws, 567. — Letter frora, to Henry Wilmot— Boimdary Question, 622. PownaU: Thomas, Letter from, to the Lords of Trade 1. — Letter from, to John Eeading, on lea-ving tbe Govern ment in his hands, 2. — Note on, 3. — Address of CouncU to, 4. — Anawer to. 6— Address of the Corporation of Perth Amboy to, 6.— Letter from, to Preaident Eeading, 111.- Eeferred to, 336. Post Offices, 349, 265. Potts: Henry, Secretary to the Post master General, inclosing letters of Benjamin Franklin, relatmg to Post Routes in New Jersey, 365. Pratt: Benja^min, Named as one of the Commissioners for trying pirates, 283 Prayers for the Royal Family, Instruc tions concerning, 303. 375, Price ; David, Authorized to impress ves sels to transport troops to New Jer sey, 246. Price: Joseph, License as Branch pilot, 17. Prorincial Offlcers: Warrant settUng the rank ol, 19. E. EandaU: Mr., 251. Randolph; Edmund, 336. Eandolph: John, 622. Eandolph: Payton, One of the Commis sioners selected to settle the boun dary line, 390, 447, 582, 591, 835, 631. Randolph: Peter, One of the Commis sioners selected to settle the boun dary Une, 390, 447, 582, 591, 624, 631. Eead: Charles, Eecommended to the Lords of Trade as a fit person to be appointed member ot the Council, 127. — One of a committee to wait on the Governor, 129. — Appointed a member of the Council, 151, 153.— Ee ferred to, 217, 237.— Meraber of Coun cil, 274. — Named as one of the Com missioners for trying pirates, 283.— Eeferred to, 342, 356, 367. — Appointed Surrogate, 359.— Eeferred to, 387.- Commission of as Chief -Justice, 424. -Notification thereof to the Lords of Trade, 426.— Eeferred to, 427, 509. Reading: Elizabeth, 3. Eeading: John, Senior, Note on, 3. Reading; John, President of the CouncU, Letter to, from Lieut. -Gov. Pownall, 2.— Note on, 5.— Referred to, 7. — Let ter trom to Wm. Denny, 110.— Letter to, from Gov. Pownall, 111. — Eesigns his seat m the CouncU, 127.— Referred to, 161, 153, 163, 184.; Eeceivers General: Crown Rules and In structions for, 389. Eichmond: Duke of. Circular letter from transraitting act ot Parliament to in demnify those who had incurred pen alties imposed upon them by the Stamp Act, 553.— Letter of acknowl edgment to trom Gov. Franklin, 568. Riley: John, Captain in the New Jersey Regiment, 184, 186. Royal Mines in New Jersey: Articles of Association to work, 318. Ruf ane; General, 377. Ruggles: Mr., 451. RusaeU: Chambers, One of the Commis sioners selected to settle the boundary Une, 582, 691, 633, 634, 631. Eyerson: Mary, 5. Eyerson; Joseih, 5. Sackett: Joseph, Jr., Letter from to Cortlandt Skinner, relative to the title to common lands on the Island of Sekakus, 451. Salaries granted to offlcers of govern ment, 579. Salraon: John, Captain in the New Jer sey Eegiment, 184, 185. Saltar: Eichard, Meraber of CouncU, 274. —Commission as Third Justice of the Supreme Court, 340, 343, 345. — Ee ferred to, 366, 357.— Death announced. 388.— Eeferred to, 442. Seot; Charles, 818. Scott: John Morin, 179. Schuyler: Peter, 9, 11, 14.— Eecommended by Gov. Bemard as a flt person to be appointed a raember of the Council, 127.— Eeferred to, 184, 185, 186. Seal ot New Jersey, 339, 243, 347, 640. Seals for the several Colonies, 618. Sekakus [Secaucus], 451.— Note on, 458. Severns; TheophUus, Surrogate, 359. Seymour: Eobert, 578. Shaw : Thomas, Lieutenant-Colonel of the New Jersey Eegiment, 184, 185. Shelbm-ne: Earl ot. Circular letter from, in relation to complaints conceming the murdering of Indians, 669.— Let ter from to Govemor FrankUn, con veying the King's approval of the conduct of the people of New Jersey during the late disturhances, 570.— Circular letter to the Governors in America, requesting an estimate of the annual charge ot maintaining the estabUshment of their respective provinces, 573.— Letter to, from Gov emor Franklin, concerning the mur ders and violences committed on the Indians, 574.— Letter to, from Gover nor FrankUn. relative to the murder of an Oneida Indian, 578.— Petition to from Peter Hasenclever, 583.— Letter INDEX. 65.5 to. from Governor FrankUn, relative to the annual charges m the Prov ince of New Jersey, 686.— Letter to, from Governor FrankUn, transmit ting a list of the fees taken in the different offlces ot New Jersey, 592.— Directed to transmit seals to the sev eral Colonies, 618.— Letter from, to Governor Franklin, conveying the King's displeasure with the Assem bly of New Jersey, 686.— Letter of acknowledgment to, from Governor Franklin, 840.— Letter to, from the same, relative to quartering troops in the Colonies, 643. Sherwood: John, 445. Ships forced on shore or stranded, Eeport on the act concerning, 629. Shute: WUliam, Ensign m the New Jer sey Eegiment, 187. Slrinner; Cortlandt. 317.— Letter to. from Robert Ogden, relative to taxes and duties. 449.— Sketch of, 449.— Letter to, trom Joseph Sackett, relative to the Island of Sekakus, 451. — Letter to, from Henry Wilmot, 573.— Eefer red to, 641. Skinner: John, 16. Skinner: Eev. WUliam, Letters to, from his son, WiUiam Skinner, 8, 14— Ee ferred to, 449. 641. Skinner: WUUam, Letters from, to his father, 8, 14. — Letter from, to Cort landt Skinner, gi-ring an account of the assault and landing upon the Island of BeUe Isle, on the coast of France, 277. — Letter from, to James Parker, announcing the action of Par Uament in regard to the Stamp Act, 548.— Eeferred to, 641. Skinner: Stephen, recommended as suc cessor to Andrew Johnston, as Treas urer of East Jersey, 866, 570. Smith: John, recomraended by Gover nor Bemard as a fit person to be ap pointed a' memberof Council, 137. — Appointed a member of Council, 151 , 153. — Eeferred to, 374. — Named as one of the Commissioners for trying pi rates, 288.— Eeferred to, 387. Smith: Eichard, 356, 394. Smith: Samuel, 387, .388.— Appointed a member of Council, 394.— Sketch of, 394.— Referred to, 396rB25. Smith: WiUiam, 151.— Naraed as one of the Commissioners for trying pirates , 383.-Eeferred to, 825, 437. Smoke: Petrus, Sheriff of Sussex County, 179, 180. Smyth: Andrew, Surrogate, 360. Smyth ; Frederick, Proposed by the Board of Trade to the King, as a member of the CouncU of New Jer sey, 442.— Eecommended to the King to be made Chiet-Justice ot New Jer sey, 444. — Commission of as Chief- Justice, 475.— Sketch of, 475, 486.— Eeferred to, 509. Smyth; John, Surrogate, 360.— Recom mended to be a meraber ot CouncU, 366.— Eeferred to, 509. Sobisco: John [Zabriskie probably]. Sur rogate, 860. Solomons [Salmon] : Lieutenant, 185. Sons ot Liberty; Address to the Gentle men ot the Law ot New Jeraey, 647. Spam: Declaration of war against, 863. Spicer: Jacob, 129, 356, 357. Springer: Benjamin, 356. Spry; Dr. WUUam, 621. Stakes ; Doctor, 9. Stamp Act: 325, 336.— Resolution of the House of Commons, concerning, -448. —Letters from Govemor FrankUn and others, relative to, 498, 494, 495, 497, 499, 500, 601, 605, 509, 511, 513, 518, 514, 517, 519, 521, 524, 526, 527, 581, 636, 540, 546, 648, 649, 650, 563, 564, 565, 656, 657, 558, 663. Eteamdall; John, 818, 821. Stephani: Johan Sebastian, 818. Stevens: John, Recommended by Gov. Bernard as a fit person to be ap pointed a member of the Council, 127.— Appointed, 385.— Sketch of, 836. — Referred to, 357, 511. — Letter from to Jamea Parker, giving the names ot the Commissioners tor settling the bcundary line, 581. Stewart: Charles, 582, 591, 834, 631. Stirling; Lord— See WilUam Alexander. Stockton: Eichard, Eecommended to be a raember ot the Council, 426. Stout: Jonathan, Ensign in the New Jer sey Eegiment, 187. Stout; Lucy, 343. Stuyveaant; Governor, 456. Supreme Court of New Jersey; Minutea of on the claim ot Mr. Morris to the office of Chief -Justice, 214. (See also Courts.) Surrogates: Commissions for, 359. Swartwout: Philip, 178 to 181.— Petition ot to CadwaUader Colden, in relation to the disputed bounds between New York and New Jersey, 250, 263. Temple: John. 582, 591, 624, "SSl. Tenbrook: John, Captain in the New Jersey Eegiment, 184, 188. TerwiUiger: Matthew, 180, 181. Toshack: David, 337. TraUe; George, 318. Trenchard: George, Surrogate, 359. TrumbuU: Mary, 226. Tryon; WUliara, 622. Tudeyscung, King of the Wyoming In dians, 121, 135. Turnout: John, 179. Vanaken: Abraham, 180, 181. Vanaken: Jacob, 180, 181. Van Cortlandt: Anne, 641. Van Cortlandt: Elizabeth, 641. Van Cortlandt: Stephen, 641. VandIke ; James, Lieutenant in the New Jersey Eegiment, 185. Vannatta; (Van Etten) Anthony, 352. Vantuyl; Walter, Lieutenant in the New Jersey Eegiment, 187. 656 INDEX. W. Walpole: Eobert, 630. Walton: WilUam, 178.— Named as one of Commissioners for trying Pirates, 283. WarreU: Joseph, 357. Warren: Sir Peter, 641. Warren: Susan, 641. Washington; General, 339. Watson: John, 17. Watts: John, 178.— Named as one of the Comraissioners for trying Pirates, 283. —Referred to, 460. Wentworth: Benning, Govemor of New Hampshu-e, 539, 628. Wentworth: John, 623. Wentworth; Mark, 390. West: James, Secretar.y of the Lords of the Treasury, 306. Westbrook: Abraham, 180, 181. Westbrook: Anthony, 178. WestfaU: CorneUus, 179, 180, 354. WestfaU: Jacob, 180, 181, 251, 254. WesttaU: Jurion, 180, 181. WestfaU; Nathaniel, 251. WestfaU; Simon, 180, 181, 251. Westfall: Uryon, 117. WethereU; Mr., 129. White: Anthony, SmTogate, 360.— Aj) pointed Judge of the Admiralty, 377. —Sketch of, 879. White: Anthony Walton, 879. Whale Fins; Duties upon, 405. WUles; E., 639. Wihnot: Benry, List ol New Jersey Com missioners named by, tor running the Boundary Line between that Prorince and New York, 447. — Letter frora, to Cortlandt Skinner, relative to his appointraent as Agent for New Jersey, 571. —Petition ot, to alter the list of (Commissioners tor running the Boundary Line, 589. — Letter from, to Secretary PownaU, 623. Winds: Wilham, Captain in the New Jersey Regiment, 184, 185. Winepress: Captain, 365. Woodruffe: Samuel, Member ol Council, 274. — Named as one ot the Commis sioners for trying Pirates, 283. — Ee ferred to, 611. Woolman: John, 348. Wooster: General, 339. Wright: James, 622. Yorke: Charles, Attorney-General; An swer of, to queries as to the vaUdity ot Governor Hardy's appointments, 380.— Letter to, from John Pownall, relative to the holding of lands in America by aUens, 382. Young: Henry, SuiTogate, 359. Zabriskie: See Sobrisco.