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^R C H IV E S
OF THE
STATE OF NEW JERSEY.
FIRST SERIES
"Vol. A^.
This volume was compiled 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 :
Nathaniel Niles, CKn,
Marcus L. Ward,
Joel Parker,
W. A. Whitehead.
DOCUMENTS
RKLATINO TO TUL
COLONIAL HISTORY
OF THE
STATE OF NEW JERSEY,
EDITED BY
WILLIAM A. WHITEHEAD,
Corresponding Secretary ol' the New Jersey Historical Society: Author of
East Jersey Under the Proprietary Governments ; Contrilnitions
to the Early History of Perth Araboy and the Surround-
ing Country ; Editor of the Papers of Lewis Mor-
ris, and of an Analytical Index to the
Colonial Documents of New
Jersey, etc., etc.
VOLU]ME V.
ADMINISTRATIONS OF GOV. BURNET, GOV. MONTGOMERIE, PRESIDENT LEWIS
MORRIS, GOV. COSBY, PRESIDENT ANDERSON AND PRESIDENT HAMILTON.
17^20 irar.
NEWARK, N. J. :
DAILY ADVERTISER PRINTING HOUSE.
1882.
^ 1* €)3
(Boc)
DEC 19 1904
D.ofO,
•c ' «' ''-'='
t ' c c «
• c c
PREFACE.
This volume contains the remainder of the docu-
ments relating to the Union Era, or period during
which New York and New Jersey were in charge of
the same governors, which were thought, by the
Editor, worthy of preservation in this form. The
remaining volumes will commence with the adminis-
tration of Governor Lewis Morris in 1738, and include
the whole of the Provincial Era, ending with the War
of Independence.
SOURCES
WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED-,
Public Record Office, London, England.
Documents relating to the Colonial Hislory of the State of
New York.
Rutherfurd Collection of Manuscri2)ts.
Manusc7'ipts of New Jersey Historical Society.
Manuscripts of William A. Whitehead.
Smith's History of New Jersey.
CONTENTS.
PAGE.
1720— May 31.— Communication from the Lords of Trade to the
King— with the draft of Instructions to Governor
Bumet 1
" Sept. 27.— Adilitional Instructions to Governor Burnet, rela-
tive to acts authorizing Bills of Credit 3
1731_]\larch 21.— Letter from the Lords of Trade to Gov. Burnet,
relative to the fees of James Smith, Secretary of
New Jersey 4
" May 20.— Letter from Secretary Popple to Messrs. Joshua
Gee (Pennsylvania) and Edward Richier (New Jer-
sey), relative to Islands in the Delaware - 6
" June 10.— Letter from Charles Carkesse to the Secretary of
the Lords of Trade— about the exportation of Cop-
per Ore from New Jersey to Holland 7
'« — . — Letter from Governor Burnet to the Lords of
Trade 8
" June 20.— Letter from the Lords of Trade to the Lords Com-
missioners of the Treasury, enclosing the foregoing
letter ^
*' Aug. 1. — Letter from Governor Burnet to the Lords of Trade. 10
•' «' 5.— Opinions of the Attorney General and Solicitor Gen-
eral, as to the ownership of the Islands in the
Delaware River; with extracts from Charters of
King Charles II and William Penn 15
" Sept. 1.— Representation of the Lords of Trade on Petition
of Charles Gookin for Islands in Delaware River.. 18
" —.—Report of tlie Condition of New JerA^y in America. 20
" Nov. 30. — Additional Instraction to Governor Burnet — rela-
tive to the Clergy of the Church of England 23
1732 — Mar.-May— Speeches and Addresses during the New Jersey
Asesmbly commencing March 7th, 1 722 24
" May 17.— Order in Council relative to Islands in the Dela-
ware '^^
'( '< 25.— fictter from Governor Burnet to the Lords of
Trade — on Now Jorsev affairs 32
Ylli CONTEXTi^.
PAGE.
1734 — April 20. — Minute of Council when Mr. Anderson was sus-
pended, i-eceived with the foregoing letter 34
" May 24. — Memorial of John Gosling to the Lords of Trade —
relative to Leasing the Mines in America 36
" " 31. — Description of the Island of Burlington, in Dela-
ware Kiver 38
" — . — List of the Islands in the Delaware River 41
" June 14. — From the Lords of Trade to the King — in relation
to the Islands in the Delaware River. . 43
" " 3. — Additional Instruction to Governor Burnet — rela-
tive to the enforcement of the acts regulating Trade
and Navigation - 46
" July 18. — Letter from Secretary Popple, of the Lords of
Trade, to Governor Burnet — relative to vacancies
in the New Jersey Council .- 51
" " 19. — Order' in Council appointing James Alexander and
James Smith to fill vacancies in the New Jersey
Council 52
" Oct. 3. — Governor Burnet to the Lords of Trade — transmit-
ting sundry acts of the New J ersey Assembly _ . . . _ 53
" — . — Letter from James Alexander to Ex-Governor
Robert Hunter 55
" Dec. 12. — Letter from Governor Burnet to Lord Ctirteret —
relating to Gold and Silver Mines in New Jersey. 64
1723 — May 9. — Letter fi'om the Council of West Jersey Proprietors
to James Alexander 67
" " 24. — Memorial of Merchants and others to the Lords of
Trade — relating to jsroper improvements in the pro-
duction of Naval Stores in the Colonies ... 68
" July 9. — Letter from the Lords of Trade to Governor Bur-
net 70
" " 23. — Additional Instruction from the Lords Justices to
Governor Burnet — restricting the appi'oval of pri-
vate acts 71
" Sept. 10.— Attorney General's Report to the Lords of Trade-
on proposed alterations in the Constitution of the
New Jersey Assembly
70
Nov. 30. — Opinion of the Attorney General and Solicitor Gen-
eral as to the ownership of Gold and Silver Mines
in New Jersey 74
Dec, 16. — Letter from Governor Burnet to the Lords of Trade
about New Jersey affairs 75
— . — Address of the New Jersey Representatives to the
King 77
" 31. — Report of Mr. West, one of His Majesty's Council,
on several acts of the New Jersey Assembly 79
CONTENTS. IX
PAGE.
1734_Jan. 7. — The Lords of Trade to the King — respecting the
manner of electing represientatives to the Assembly, 83
" May 12. — fjetter from (lovernor Burnet to the Lords of
Trade — referring to acts passed in the New Jersey
Assembly .- 86
" — . — Reasons for the act passed in New Jersey entitled
an act for an additional support of the Govern-
ment, transmitted in foregoing letter. .. 94
1725 — Jan. 2. — Letter from Governor Burnet to the Lords of
Trade— announcing the death of Chief Justice
Trent 97
1723 . — A Scheme showing the method of issuing, applying
and sinking Bills of Credit made current in New
Jersey, enclosed in Governor Burnet's letter of
May 12tii, 1724 98
1725 . — Letter from Charles Dunster to one of the Proprie-
tors in England, respecting various individuals 100
'* Nov. 24. — Letter from Governor Burnet to the Lords of
Ti'ade — relating to acts passed by the New Jersey
Assembly 104
172C— Jan. 26. — Letter from Galfridus Gray to the Lords of Trade —
relating to a method of protection from the
encroachments of the Indians 107
" Feb. 10. — Second memorial from Mr. Gray relating to the
insults of the Indians 112
" June 2. — Letter from Governor Burnet to the Lords of
Trade — about certain returns 117
" " 28. — Letter from the Lords of Trade to Governor Bur-
net— about Gold and Silver Mines said to have
been found in New Jersey 120
" July 5. — Additional Instruction to the GoA^ernors — relative
to Suspension of Sentences 122
" " 23. — Proclaraatiou of Governor Burnet — against the
exercise of any authority by Peter Son mans as
Receiver of Quit-Rents -_ 124
" Aug. 9. — Order in Council relating to Ecclesiastical Jurisdic-
tion in the Plantations 126
" Dec. 20. — Letter from Governor Burnet to the Duke of New-
castle— relating to Mines, Bills of Credit, etc 129
1727 — Aug. 24. — Letter from Governor Burnet to the Duke of New-
castle—had proclaimed George II 130
" Aug. 26. — Letter from Governor Burnet to the Lords of
Trade — had proclaimed George II in Perth Amboy
the day before 131
1725 — Sept. 3. — Account of money received and paid by the Treas-
urer of West Jersey from September, 1720 133
X CONTEJSTTS.
PAGE.
1736 — Oct. — . — Account of money received and paid by the Treas-
urer of East Jersey from December, 1703 143
1725 — Aug. 27. — An account of £3,000 raised by an act of the
Assembly of New Jersey and paid out by Michael
Kearny, Treasurer of the Eastern Division 146
1726 — Oct. 31 . — An account of money received and paid by the sev-
eral Collectors to Michael Kearny Treasurer of the
Eastern Division, which money is to be sunk 149
1735 — Aug. 37. — An account of interest money paid by the several
Commissioners of the Loan Oilice to the Treasurer
of the Eastern Division and expended by him
during 1725 150
1 718-1 72G — Negroes imported into New Jersey 152
1726 — Dec. 1. — Value of New Jersey paper money in New York.,. 153
" " 15. — Value of New Jersey paper money in Perth Amboy, 154
1727— March 2.— Prom the Lords of Trade to Governor Burnet—
about New Jersey paper money and other matters. 156
'* " 23. — Additional Instruction to Governor Burnet — rela-
tive to appeals. . 157
" May 3. — [nstruetions to the Governors ordered, relative to
the Suppression of Vice and Immorality in the
Provinces 159
1727 — May 13. — Letter from Governor Burnet to Secretary Popple —
about New lersey affairs 163
1726 . — Census of the Province of New Jersey _-. 164
1726 — June 30. — Letter from Governor Burnet to the Lords of
Trade — about the aisjjlication of Interest Money.. 165
1727— Aug. 23.— From the Lords of Trade to the King with Com-
missions of Governor John ]\[ontgomerie 167
" Sept. 8. — Letter from Governor Montgomerie to the Lords of
Trade — sending bills for confirmation 167
" " 28. — Instructions for Governor Montgomerie 169
" Nov. 4. — Letter from ex-Governor Robert Hunter to James
Alexander 179
" " 27. — Warrant for new seals for the Plantations... 180
•• Dee. 18. — Letter from Governor Burnet to the Lords of
Trade — enclosing New Jersey documents 181
1728 — Feb. 29. — Appointment of Robert Lettice Hoojjer as Chief
Justice of New Jersey 183
" March 24. — Letter from David Rycroft, of Barbadoes, to Messrs
John Parker and Andrew Johnston — Governor
Montgomerie on his way to the Province 183
" May 6. — Letter from Governor Montgomerie to the Lords of
Trade— announcing his arrival after five months'
voyage. 184
CONTENTS, XI
PAGE.
1728 — Auff. 7. — Address of the Chief Justice, Second Judge Grand
J ury, etc. , to the King 185
" Aug. 10. — Letter from ox-Governor Robert Hunter to James
Alexander — relative to his property in New York
and New Jersey - 187
" " 13. — Letter from Governor Montgomerie to the Lords
of Trade, enclosing acts of Assembly 189
" July 3. — Letter from ex-Governor Burnet to the Lords of
Trade — relating to recent acts of the New Jersey
Assemblv 190
" Nov. G. — Representation of the Lords of Trade to the King —
recommending CJommissioners for trying Pirates in
the Plantations 196
" " 14. — Memorial of James Smith, Secretary of New Jersey,
relative to his fees 198
" " 20. — Letter from the Lords of Trade to Governor Mont-
gomerie— relative to the act appi'opriating a por-
tion of the Interest Money paid into the Treasury. 300
*' " 25. — Letter from James Alexander to t'adwallader Col-
den — relating to Petei- Sonmans 202
" " 27. — Letter from Sir William Keith to the Secretary of
the Lords of Trade — relative to certain manufac-
tures in the Plantat ions 203
" " 30. — Letter from Governor Montgomerie to the Lords of
Trade 206
" Dec. 5. — Representation of the Lords of Trade to a Commit-
tee of the Privy Council — about certain manufac-
tures in the Plantations 207
" May 8. — Proceedings of the Council of Proprietors of West
Jersey — relative to the appointment of a Surveyor
General 211
" " 8. — Letter from John Burr to James Alexander — rela-
tive to his appointment as Surveyor General of
West Jersey 212
" Dec. 5. — From the Lords of Trade to the King — submitting
an act of the Assembly foi* i-uuning the partition
line between East and West Jersey 213
" " 12. — Letter from Lord Viscount Towiishend to the Lords
of Trade — with a discourse by Sir William Keith
on the state of the Plantations 214
1729 — Jan. 27. — Letter from James Alexander to Governor William
Burnet — about the relative authority of the Plan-
tation assemblies 230
" April 20. — Letter from Governor Montgomerie to the Lords
of Trade — about New Jersey affairs 234
XU CONTENTS.
PAGE.
1729— May 20.— Lotter from Cadwallader Golden to James Alex-
ander— relating to a proposition from the " Society
for the Propagation of the Gospel in Foreign
Parts " to establish a library for the use of New
York and neighboring colonies - 237
" " 22. — Order of Council, approving the act of New Jersey
Assembly for running the Division Line between
East and West Jersey 243
" June 25. — Letter from Mr. Lowndes to Sir William Keith —
about the manufacture of pot and pearl ashes in
the Plantations and Sir William's answer. . 245
" July 9. — Letter from the Lords of Ti-ade to Governor Mont-
gomerie — about certain acts passed by the New
Jersey Assembly 247
" Aug. 2. — Letter from Governor Montgomerie to the Lords of
Trade — about the act for appropriating a part of
of the Interest Money paid into the Treasury 249
1730 — Feb. 3. — Letter from James Alexander to ex-Governor Hun-
ter— referring to the death of ex-Governor Burnet
and New Jersey affairs 261
" March 17. — Additional Instruction to the Governor of the
Plantations — to support the Bishop of London and
his Commissaries 204
" April 24. — Letter from the Lords of Trade to Governor Mont-
gomerie— relative to the appropination of Interest
money 266
" May 20. — Letter from Governor Montgomerie to the Duke of
Newcastle — about New Jersey Copper Ore 267
" " 22. — Letter from Governor Montgomerie lo the Lords of
Trade — about New Jersey affairs 209
" July 4. — Petition to the King from the New Jersey Assem-
bly— asking for a separate Governor from New
York 270
" " — . — Memorial of James Alexander, Surveyor General
of New Jersey to Governor Montgomerie — relative
to the action of the West Jersey Proprietors respect-
ing his office 273
1730— July 30. — Letter from Thomas Smith to the Secretary of
State — asking to be appointed Governor of New
Jersey. 278
" Sept. 9. — Answer of the Council of Proprietors of West Jer-
sey to the Memorial of James Alexander of July.. 278
" " 17.— Letter from John Parker, of Perth Amboy, to the
Rev. William Skinner — asking him to prepare mot-
toes for the seal of the city of New Brunswick 283
CONTENTS. XIU
PAGE.
1730 — Sept. 17. — Answer of Rev. Williaiu Skinner to the foregoing
letter 284
" Nov. 20. — Letter from Governor Montgomerie to the Lords of
Trade — in relation to several acts passed by the
New Jersey Assembly 385
" Dec. Id. — Opinion of the Attorney and Solicitor General in
relation to Pines and Recoveries 39 1
" " 21. — Letter from Governor Montgomerie to Secretary
Popple 391
1731 — Feb. 4. — Letter from Thomas Penn to James Alexander —
recommending John Ferdinand Paris as agent for
the Province 393
'/ June 30. — Letter from Governor Montgomerie to the Duke of
Newcastle — recommending John Rodman to be
of the Council 393
" July 1. — President Van Dam of New York to the Lords of
Trade — informing them of the death of Governor
Montgomerie the previous night 394
" " 19. — President Lewis Morris to the Duke of New New-
castle— informing him of the death of Governor
Montgomerie ... 295
" " 18. — Address and Memorial of the Council of New Jer-
sey to Lewis Morris — enclosed in the foregoing
despatch 896
" " 21. — Communication from the Lords of Trade to Gov-
ernor Montgomerie — about certain acts of the
Assembly 303
'" Sept. 15. — Comjnunication from Richard Partridge, agent for
New Jersey to the Duke of Newcastle — relating to
the desire of the people of New Jersey for a sep-
arate Governor 303
' " " — . — Memorial of Richard Partridge to the Lords of Trade,
relating to bills referred for the King's approval.. 304
1731 — Dec. — . — Memorial from the Felt Makers' Company to the
Lords of Trade — asking for the prohibition of the
maniif acture of hats in the Plantations 306
1733 — Jan. 17. — Memorial of Thomas Coram to the Lords of Trade
— against the passage of any laws prejudicial to the
manufactures of the Ivingdom 308
" June 3. — Letter from President Morris to the Duke of New-
castle in relation to the separate government lor
New Jersey 314
•' Oct. 20. — Letter from Governor Cosby to the Duke of New
castle. 330
'« Dec. 18. — Letter from Governor Cosby to the Duke of New-.
XIV CONTENTS.
PAGE.
castle — referring to changes in the Council of New-
York 332
1732 — i)ee. 18. — Letter from Governor Cosby to Under Secretary
De La Faye — relating to the removal of James
Alexander from the Council of New Jersey 325
1733 — March 19. — Letter from James Alexander to John Ferdinand
Paris in London — referring to Governor Cosby 327
" April 20. — Letter from Governor Cosby to the Duke of New-
castle— referring to his removal from office of
Lewis Morris _ 329
' May 10. — Order of Council appointing William Provoost one
of the Council of New Jersey 346
" Aug. 8. — Additional Instruction to Governor Cosby— admit-
ting John Peagram, Surveyor General of the
Customs, to be one of the Council of New Jersey.. 347
" " 27.— Letter from Lewis Morris to the Lords of Trade-
about the proceedings of Governor Cosby 349
" Nov, 8. — Letter from James Alexander to Robert Hunter —
about Governor Cosby 359
" Dec. 4. — Letter from James Alexander to Secretary Poiii:)le
— about New Jersey affairs 3G0
1734 — June 17. — Letter from Governor Cosby to the Lords of Trade
— transmitting certain acts of the New Jersey
Assembly 364
" '• 19. — Reasons of Governor William Cosby for removing
Chief Justice Lewis Morris 366
" Aug. 7.— Letter from Governor Cosby to the Lords of Trade
— recommending John Schuyler for the Council of
New Jersey 374
" Nov. 1. — Petition of the Merchants of Bristol, against a New
Jersey act laying a duty on Copper Ore exported —
Order of the Committee of Council thereupon 376
" Dec. 3.— Report of Fran: Fane to the Lords of Trade, rela-
tive to an act of New Jersey for regulating fees
passed in 1733 . 377
" Dec. 6.— Letter from Governor Cosby to the Lords of Trade
about James Alexander and Lewis Morris 395
" " 7. — Letter from Governor Cosby to the Lords of Trade
recommending several changes in the Council of
New Jersey 402
1735 .—Petition to the Lords of Trade against an act of the
New Jersey Assembly regulating Fees, etc 403
" Aug. 6.— Letter from Richard Partridge, agent of New Jer-
sey, to Secretary Popple — about Export Duty on
Copper Ore 406
" " 28.— Address from the Lords of Trade to the Queen—
CONTENSS. XV
PAGE.
relating to comphiints made against James Alex-
ander, Lewis Morris and Rip Van Dam 408
1735 — Aug. 28. — Letter from John Sharpe, Solicitor, etc., to Secre-
tary Popple, with his reasons for the non-approval
of an act of the New Jersey Assembly of Angus c,
1733, for making £40,000 in Bills of Credit 410
" Oct. 11. — Reply of Richard Partridge to tlie objections of
Solicitor Sharpe to the New Jersey act for making
£40, 000 in Bil Is of Credit 416
" '' 16. — Letter from Robert Hunter Morris to James Alex-
ander— about the complaints of Gov. Cosby against
New Jersey Couneilmen 431
" Nov. 6. — Petition of Lewis Morris to the King in Council — in
relation to the charges made against him by Gov.
Cosby 433
1736 — March 15. — Letter from Rev. Wm. Skinner, of Perth Amboy,
to Sir Wm. Keith — announcing the death of Gov-
ernor Cosby and urging him to apply for the
vacant position 435
1735 — Nov. 26. — Order of the King in Council, declaring the Rea-
sons for removing Chief Justice Morris insufficient 437
1736— March 16. — Letter from President George Clarke, of New York,
to the Duke of Newcastle — informing him of the
death of Gov. Cosby 438
" " 19. — Letter from John Anderson, President of the Coun-
cil of New Jersey, to the Duke of Newcastle — giving
notice of the death of Governor Cosby, and that the
government had been assumed by him 440
" " 18. — Petition of the President and Council, the Speaker
and divers members of the General Assembly of
New Jersey to the King — asking lor the appoint-
ment of a Governor separate from New York —
enclosed in the foregoing letter 441
" " 19. — Petition from the Grand Jury of Middlesex County
to the King— praying for a separate Governor 444
" April 8. — Letter from John Hamilton, President of the Coun-
cil of New Jersey, to the Lords of Trade — relating
to the death of President Anderson and his own
assumption of the Government 445
" May 5.— Letter from Sir William Keith, Bart., to the Duke
of Newcastle — applying for the Governorship of
New Jersey 446
" " 34. — Order of the Lords of the Committee of Council,
referring a petition of Mr. Partridge, agent for
New Jersey — praying to have a distinct Governor
for that Province 448
XVI CONTENTS.
PAGE.
1736 — Aug. 4. — Memorial ol' Sir Win. Keith — relating to the neces-
.sity of separating the Government of New Jersey
from that of New York 450
" " 5. — Reasons for appointing a separate Governor for
New Jersey, offered to the Loi-ds of the Committee
of Council 451
" Oct. 25. — Letter from Secretary Popple to President John
Hamilton — relative to vacancies in the Council of
New Jersey 454
" " 25. — Letter from Lewis Morris to the Duke of Newcas-
tle— in support of his claim to the Presidency of
the Council of New Jersey 458
" " 20. — Minute of Council of New Jersey, referred to in
foregoijig letter. _ 463
" • ' 25. — Two Proclamations issued by Lewis Morris as Presi-
dent of the Council of New Jersey — adjourning the
Assembly and altering the public prayers 464
1736 — Oct. 31. — Report of four of the Council of New Jersey to
President Hamilton — on the demand of Col. Lewis
Morris for the Chief Authority 474
" " 26. — Letter from John Hamilton to the Duke of New-
castle— relative to the claims of Lewis Morris 467
" Nov. 5. — Letter from Lewis Morris to the Lords of Trade —
relating to his claims to the Presidency of the
Council of New Jersey ^ 472
" " 22.— Letter from President Hamilton to the Duke of
Newcastle — about the proceedings of Mr. Morris.. 478
" Oct. 29. — Proclamation by President Hamilton enclosed in
foregoing letter 469
1737— Jan. 25. — Letter from the Lords of Trade to the Duke of New-
castle— abotit the difficulties in New Jersey 479
" March 25. — Letter from President Hamilton to the Secretary of
the Lords of Trade — complaining of Lewis Morris. 481
" June 22. — Letter from the Lords of Trade to President Ham-
ilton— informing him of the appointment of Lord
Delaware to be Governor of New York and New
Jersey 490
" June 23.— Letter from Lewis Morris to the Duke of Newcastle 491
" " — .—Communication from Lewis Morris, relating to his
difficulties with President Hamilton, enclosed in
the foregoing letter 492
" July 6. — Advertisement of the West Jersey Society, giving
notice of an intended application to Parliament to
vest all their lands in Trustees to be sold 508
J737 . — Memorandum about the Government of New York
and New Jersey „, ,,,..,-^ 511
NEW JERSEY
COLONIAL DOCUMENTS.
Communication from the Lords of Trade to the King —
ivith the draft of Instructions to Governor Burnet.
[From P. R. O. B. T. New Jersey, Vol. XIV, p. 27.]
To the King's most Excell* Majesty;
May it please your Majesty.
Your Majesty having been pleas'd to approve the
Com'issions for W™ Burnet Esql' to be your Majesty's
Governor of New York and Nev^ Jersey in America;'
We now humbly lay before your Majesty the Draughts
of Instruct? for him for those Governments which are
to the Same purpose as the last Governor had; Except
iWiLLiAM Burnet— deriving his Christian name from William, Prince of Orange,
who stood sponsor for him in baptism— was the son of the celebrated Gilbert
Burnet, Bishop of Salisbmy, mider whom, and Sir Isaac Newton, he received his
education, which was subsequently improved by travelling and intercoiu-se with
distinguished men. He received his appointment as Governor of New Jersey
April 19th, 1720, having exchanged a position he held in the Customs, with his
friend Governor Hunter, who resigned in his favor. His acquaintance with Hunter
was of great advantage to him as it supplied him with information as to the char-
acter, abilities and influence of those with whom he was to be brought in contact,
but, as he in many respects differed mdely from his predecessor, it is not surpris-
ing that he should not have secured the favor of some of Hunter's warmest friends.
He reached New York in September, ITSO, his commission being published at Perth
Amboy on the 3;3d, and his administration commended itself to the approval of the
people generally both in that province and New Jersey, although it was his oppo-
sition to commercial projects affecting the interests of certain prominent individ -
uals in the former province, that led to his transfer to the government of Massa-
chusetts Bay, which took place, as wiU be found stated in the text, in 1728.
2
2 ADMIJflSTRATION OF GOVERNOR BURifET. [1720
that there being two Vavancies in the Council of New
York, We have added the Name of John Johnston and
Francis Harrison to the List of Councillors for that
Province, and three Vacancies in the Council of New
Jersey, we have added the Names of John Johnson
jun- for the Eastern Division of that Province & John
Reading & Peter Baird for the Western Division of
the same Province, they having been recom'ended to
Us as Persons fitly qualify'd to serve y!' Majesty in
that Station: We also lay before your Majesty the
It is said that Burnet in early life was inclined to infidelity, but subsequent
associations led him to abandon the erroneous opinions he had formed, and it is
believed that when he came to America he was a consistent Christian. Divinity
became a favorite study and rendered him, at least in his own estimation, a theo-
logian of distinction. " He was a firm believer of the truth of revealed religion,"
says Dr. Chandler, " but a bigot to no particular profession among Christians, and
laid little store upon modes and forms." This was characterized by one of his cor-
respondents as "not the thing in the world most for his advantage," as it led him to
adopt such a course toward the ministers of the Church of England as incurred
the displeasure of the ecclesiastical authorities at home. The Bishop of London
complained that clergymen already provided with his license to preach in the
colonies were subjected to examinations by the Governor himself. The mode
adopted by him, is said to have been, the confinement of the candidate in a room
by himself furnished with a Bible only, and within a certain time he was required
to furnish a satisfactory sermon from a text given him. " I have seen a great
many complaints against Governors " wrote Richard West to him in 1724, but then
nobody was surprised, because I could always give some pecmiiary reasons for
what they had done. You sm-ely are the first who ever brought himself into
difficulties by an inordinate care of souls; and I am sure that makes no part of
your commission." Soon after coming to America, Burnet commenced writing
" An Essay on Scripture Prophecy, Wherein it is Endeavored to Explain the
Three Periods Contained in the XII. Chapter of the Prophet Daniel. With some
Arguments to make it Probable that the First of the Periods did Expire in the
year 1715." It did not bear the author's name, nor the place of publication, the
imprint being simply " Printed in the year MDCC5XIV."' The only copy known to
exist is in the Library of the Massachusetts Historical Society. It is a small quarto
of 167 pages. The Governor made Astronomy one of his studies, and the trans-
actions of the Royal Astronomical Society for 1724, contain a commimication
from him on the Eclipse of Jupiter's Satellites.
Governor Bumet was large of stature, combining with frank manners a digni-
fied demeanor, and possessing a countenance in which intelligence, amiability and
good humor were conjoined. A portrait of him hangs in the Senate chamber at
Boston and two miniature sketches by John Watson, the old New Jersey artist, are
in the possession of the Editor of these volumes. He died on September 7th, 1729.
leaving four children. His eldest son, Gilbert, by his first wife, retm-ned to Eng
land; a daughter, Mary, and two sons, William and Thomas, by his second wife,
who was daughter of Cornelius Van Home, of New York, returned to that city. —
Contributions to the Early History of Perth Amboy, pp. 156-168. Chandler's Life
of Dr. Johnston, 41, 327, 328.— Ed.
1720] admi:n'istration- of governor burxet. 3
usual Draughts of Instructions relating to the Acts of
Trade & Navigation.
All which are most humbly submitted
J. Chetwynd
Whitehall ^ C: Cooke
May 31f 1720 ) J: Molesworth
T. Pelham
M. Bladen,
[The Instructions are omitted, as they were similar
to those given to previous Governors, excepting as to
the names of the Councillors, viz: Lewis Morris,
Thomas Gordon, John Anderson, John Hamilton,
Thomas Byerly, David LyeU, John Parker, John
Wells, John Hugg, John Johnston Jun., John Read-
ing, Peter Baird.]
Additional Instructions to Governor William Burnet
of Neiv Jersey, relative to Acts authorizing Bills
of Credit.
[From Original in Library of New Jersey Historical Society.]
By the Lords Justices,
W. Cant, Parker, C. Additional Instruc-
TowNSHEND, P. TioNS to William Burnet
Newcastle, Esqf His Majesty's Cap-
Devonshire, tain General & Governor
J. Craggs. in Chief of His Majesty's
Province of New Jer-
sey in America ; Or to the Commander in
Chief of His Majesty's Province of New
Jersey for the time being. Given at
4 ADMINISTEATION OF GOVERNOR BURISTET. [1721
Whitehall the twenty-Seventh day of
Septem?" 1720, m the Seventh Year of His
Majesty's Reign.
Whereas Acts have been passed in sum of His Maj-
esty's Plantations in America for Striking Bills of
Credit, and issuing out the Same in lieu of mony, in
Order to discharge their publick Debts, and for other
purposes, from whence Several inconveniences have
arose; It is therefore His Majesty's Will and Pleasure
that for the future you do not give your Assent to, or
pass any Act in His Majesty s' Province of New Jersey
under Your Government, whereby Bills of Credit may
be Struck or issued in lieu of mony, or for payment
of mony, either to you the Governor, or to the Com-
mander in Chief, or to any of the Members of His Maj-
esty's Council, or of the Assembly of the said Province
of New Jersey, or to any other person whatsoever,
without a Clause be inserted in said Act declaring that
the same shall not take Effect, until the Said Act shall
have been approved and confirmed by His Majesty;
Excepting Acts for raising and Settling a pubUck Rev-
enue for defraying the necessary Charge of the Gov-
ernm* of the said Province of New Jersey, according
to the Instructions already given you.
By Their Excellencys Command
Ch. De la Faye
Letter from tJw Lords of Trade to Governor Burnet,
relative: to the fees of James Smithy Secretary of
New Jersey.
IFroin P. R. O. B, T. New Jersey, Volume XIV. page 10-'. ]
March the 21^* iTfi
To W"' Burnet Esq!"
M- James Smith Seer? to the Province of New Jer-
sey, who has been very well recommended to Us, be-
1731] ADMIXISTRATION OF GOVEENOR BURNET. 5
ing a great sufferer by some Acts pass'd in New Jer-
sey which so lessen the Fees and Perquisites of the
several offices he enjoys there, that they do not now
yield a tolerable Subsistance; And he having dehver d
to Us two Memorials upon that Subject, Copies where-
of are here inclosed. We desire that You wovild move
the first Assembly, after your Receipt thereof, in the
most effectual Manner, that they wou'd either re-es-
tablish the Fees of his sev! Offices upon the ancient
foot, or find out some other equivalent to prevent his
being a sufferer for the faults of his Predecessor; for
We are inform'd by Brigad- Hunter, that these Laws
were design'd & calculated as a Punishment to the
then Secretary' who had been guilty of notorious
Crimes, and that the Judges of the Supreme Court had
represented to him, that the Act for shortning Law
Suits and regulating the Practice of the Law, was en-
tirely destructive to their Jurisdiction and unfit to be
contiinied; but in Case the Assembly shall not comply
with what seems so reasonable, then We desire, you
wou'd examine into the Matter, and send Us a true
State of the Case, and particularly an Account of what
the Fees were, before the passing of the Acts men-
tion'd in his Memorials, & Avhat they are reduc'd to
since, that proper measures for his Relief may be taken
here. So We bid you heartily farewell, and are
Your very loving Friends and humble Serv'f
Westmoreland.
J: Chetwjmd.
Whitehall, March 21'' 17i P: Doeminique.
F. Pelham.
M: Bladen.
Edw'! Ashe.
' Jeremiah Basse.— Ed.
ADMINISTRATIOK of governor BtJRlSrET. [1721
Letter from Secretary Popple to Messrs. Joshua Gee
{Pennsylvania), and E. Richier (New Jersey), rel-
ative to Islands in the Delaware.
iFpi.ti P. R, O. 3. T. Proprieties Entry, Vol. XXXI, p. -ir,.]
U to M^" Gee & M^ Richier relating to Cap^ Gook-
ins Pet° for a Grant of some small Islands
in the River Delaware between Pennsyl-
vania & the Jerseys.
To M'; Joshua Gee
Sir,
His Majesty having been pleas'd to refer to the
Lords Comm'f for Trade & Plantations, a Pet" of Cap*
Charles Gookin, late Gov!' of Pennsylvania, praying
for a Grant of some small barren Islands lying in
Delaware River, between Pennsylvania & the Jerseys;
And the said Cap* Gookin having desir'd to be heard
by his Council upon the said Petition; their Lord'!' have
appointed Friday next at ten of the Clock in the
Morning for that Purpose, and have com'anded me to
acquaint you therewith, that You may also come with
your Council, if you have any thing to object against
the said Petition in behalf of New Jersey [Pennsyl-
vania].
I am, Sir,
Your most humble Serv*
Whitehall, May 20*? 1721. W™ Popple
the hke L!" was writ to M^ Richier, N : Jersey.
[The report of the Lords of Trade followed, but is
here omitted, as it enters into a subsequent document
from the Council, under date of May I7th, 1722. — Ed,]
1721] ADMINISTRATIOX OF GOVERNOR BURNET.
Letter from Charles Carkesse to the Secretary of the
Lords of Trade about the exportation of Copper
Ore from New Jersey to Holland.
[From P. R. O. B. T.. New Jersey, Vol. U, D 104.]
L're from Mr Carkesse, inclosing the Copy of a
L're from Mi" Francis Harrison, Sm^veyor at
N: York, relating to the carrying Copper
Oar from N. Jersey to Holland.
Inclosed is Copy of a Letter which the Comm" of
His Ma""* Customs have received from M- Francis
Harrison Sm-vey"" at New- York relating to the carrying-
Copper Oar from thence to Holland and the Comm'.'
desire you will please to lay the same before the Right
Hon^!° the Lords Comm"".^ for Trade & Plantac'ons
which is what I have in com'and to signify to you.
I am
Sir Your most humble Servant
Cha Carkesse
Customh" Lond? 10 June 1721
M' Popple
Copy. New York April IT"' 1721
Hon''f^ Gentlemen
Having by Capt" Smith in the Ship Beaver who left
this place the 15''' Xber: last Signified to your Hon? by
mine of the 12*'' of Same Month that I was apprehen-
sive that the Copper Care which now rises very rich
and in great plenty in a New-discover'd mine of one
M'; Schuyler in New- Jersey' would soon be carried into
the Channell of our trade to Holland this is now to
acquamt the Hon''."' Board that there is Shipt on Board
the Snow-Unity Robert Leonard Master for Holland
' Presumed to have been at Belleville (then Second River) near Newark.— Ed.
8 ADMINISTRATION OF GOVERNOR BURNET. [1731
one hundred and ten Casks of Said Copper Oare which
we have not as I can find any law at present to prevent
I am with the Greatest Eegard Hon"!*' Gentlemen
Your most Obedient most faithfull humble Serv!^
Sign'd Francis Harrison
To William Popple Esq!' Secretary to the E' Hon^l'' the
Lords Commf for Trade & plantations These
Letter From Governor Burnet to the Lords of Trade.
[From N. Y. Col. Doets., Vol. V, p. .585.]
My Lords
I received your Lord'ps of the 28 December last and
was very glad to have your Lordships aiDprobation of
my continuing the same Assembly of New York I
have found the good effects of it of which I have given
particulars formerly and as they are now sitting I hope
I shall find them in the same dispositions of which I
have no doubt.
I wish I could say the same thing of the Assembly
of New Jersey who have sat about 4 months to no
manner of purpose, they began with refusing to sit at
all, and desired to be dissolved for they were not a
legal Assembly I at last perswaded them to meet but
to no effect, but to show that they would not serve
either the Government or the Country which after
four months patience obliged me to dissolve them,
when I am prepared I will send your Lordships, the
printed speeches and addresses during that sitting
which contain the full History of it and make your
Lordships some proposal concerning them. * * *
with the greatest respect My Lords,
Your Lordps most obedient & dutiful Serv*
1721] ADMINISTRATION OF GOrERNOR BURNET.
Letter from the Lords of Trade to the Lords Commis-
sioners of the Treasury, inclosimj the foregoing
Letter.
I From P. R. O. B. T. New Jersey, Volume XIV, page 105.]
L^ to M'". Lowndes relating to Copper Oar being
carry"* from New Jersey to Holland.
To W"" Lowndes. Esq^ Secretary to the Right
jjQj^bie ye Lords Commiss'? of y*" Treasury.
Sir,
The inclos'd Copy of a Letter from M!" Francis Har-
rison, Surveyor of the Customs at New York, to the
Hon^!'" the Com'iss';' of His Majesty's Customs, dated
at New York the 17'i' April last, relating to Copper
Oar being shipt from the Province of New Jersey for
Holland, having been read to my Lords Commf for
Trade & Planf they com'and me to transmit the same
to you, and to desire you will lay it l)efore the R.'
Hon''!'' the Lords Comm? of his Majesty's Treasury for
their Directions therein; and as there is no law to pre-
vent the carrying of Oar from the Plantations, the
Lords Com'iss? of Trade think that this Practice may
be of such Consequence to His Majesty's Revenue, that
it do's desire to be consider'd in Parliament in order
to be prevented by some act to be pass'd for that pur-
pose. I am, Sir,
Your most humble Serv?
W. Popple:
Whitehall, June 20V' 1721.
10 ADMIKISTRATIOK OF GOVERKOR BURNET. [1721
Governor Burnet to the Lords of Trade.
[From P. R. O. B. T. New Jersey. Vol. HI. E 1.]
L'" from W Burnet Gov^ of New Jersey & New
York
New York Aug: 1'* 1Y21
My Lords
I now send your Lordships in print the speeches &
addresses during the Sitting of the Late Assembly in
Jersey I have added a Letter from your Lordships in
iTll to Brigadier Hunter on the Subject of amend-
ments made by a Council to Mony Bills, which will
Serve as a just censure to that part of this Assembly's
conduct I have also printed the Act which was Sent
up by this Assembly for y? supjDort of Government
with the amendments made thereto by the Council,
which the Assembly not only rejected but ordered the
Council not to amend the Said Bill, which is a new
way of treateng the Council & of a piece with their
behaviour to me These I have printed at my own
charge that the country may have a History of all
that past of any moment & may be undeceived as to
any misrepresentation which the Assembly ever have
Endeavored to make of one [our?] proceedings & I
believe this will have a good effect in a new election.
I like wise Send your Lordships the minutes of
Council of that province from six month before the
Day of my arrival till now. I believe this will be
thought rather more than enough concerning a Session
of assembly, where no one Bill past. But proper
measures taken on this occasion may be of lasting use,
and as this province has always been full of restless
unreasonable men, who have given your Lordships a
great deal of uneasiness in Brigadier Hunters time I
hope you will take effectual methods to shew them
1721] ADMINISTRATION OF GOVERNOR BURNET. 11
that they are dependant on the government at home.
& that I shall be Supported, when they shew their
disregard to the Kings instructions & when I assert
them, and even refuse a revenue at the expence of
breaking them.
I need not here be particular in Shewing wherein
this conduct of their's has appeared & what I have
done to bring them right to do this would be to repeat
almost all that is continued in the annexed printed
Sheets especially in my last Speech to them in page:
14''', 15 & IH.
The minutes of Council serve to give a full light to
the whole proceeding & shew that the chief in-
strument of their ill humour w^as a professed Jacobite
[George Willocks by name] to whom on Information
of his practises I tendered the oath and on his refusal
took Security for his good behaviour. This man was
continually conversing with them and souring their
temper, while he was at Bridlington in the beginning
of the Session, and afterwards at pert Amboy where
he lives, and where the Sessions ended; the Comicil
having advised me to remove them, that I might yet
try them a httle longer, & at the same time be near
enough to New York to meet the Assembly there & to
divide my time between them for a few^ weeks The
distance between York & Amboy is but 30 miles,
whereas between York and Bridlington is 80, but this
was of no effect & so at last I dissolved them Of 24
Members I had 9 firm to my interest, and 13 deter-
mined by mutual promise, to Stand out against me &
two wavering, so that with some management I do
not despair of working a change.
I now come to observe to your Lordships what easy
remedys might be tryed & I believe would be effectual
to discourage this turbulent spirit for the future & to
procure good choice of a new Assembly
Fii'st, if your Lordships will please to obtain His
12 ADMINISTRATION OF GOVERNOR BURNET. [1721
Majestys dissallowance of the two acts so prejudicial
to the Secretaiys office, & so long desired by M-' Smith.
It would be of great use against another Session for
they would take it as a check to them for flying in the
face of the Government & an instance of the care that
is taken at home to Support the officers, when they
are doing all their endeavours here to Starve them. &
it is never to be expected that they wiU repeal these
laws themselves, for they would be glad to have no
officers in the province nor a governour neither, unless
he were of their own appointing tho their own feuds
made them weary of such a one formerly & would do
so again, if they had their desire.
Another remedy I hope your Lordships will think
fit to approve, both as very promising in order to
make the next election better, and likewise as what is
really but an act of Justice if there were not any other
consideration, It is My Lords a Small alteration in the
16^1* Instruction relating to the choice of an assembly
in New Jersey The Instruction first setthng the elec-
tion of representatives was that all the freeholders in
East Jersey should meet & chuse twelve men, and
those in West Jersey meet and chuse twelve more But
this method was found inconvenient & thereupon the
present Instruction was given in the L'.' Cornburys
time, by which In East Jersey The town of perth Am-
boy chuses two, & each of the five countys in that
division chuses two. & in West Jersey The town of
Bridlington chuses two, & each of the four Countys in
that division (which were only so many when this
Instruction was first given) chuse two, & the town of
Salem two. But since this regulation was made My
Lords the Division of West Jersey has spread so much
in settlements to the northward that Brigadier Hunter
found it necessary to divide one of those four Countys
& to take out of it a new County which is called Hun-
terdon & which is now as Large & populous as any of
1721] ADMINISTRATION OF GOVERNOR BURNET. 13
the rest, which has no members to represent it, but
the inhabitants continue to vote in BridUngton County
as the did before they v^ere taken out of it. This I
humbly conceive is a hard ship upon them, & it would
put the two divisions on a more equal foot, if each of
the (now) five Countys in West Jersey chose two
members, as the five in East Jersey do and as the
town of Salem obtained members plainly for no other
reason than because the was at that time one County
less in West than in East Jersey, So now that reason
ceasing, it Seems unreasonable that they should any
longer have so great a priviledge above their neigh-
bours for this Salem is a very poor fishing village of
about twenty houses and not above 7 or 8 voters ; &
now beside these general observations, I can acquaint
your Lordships that the members of this Salem have
in the last assembly been the ringleaders of the oppo-
sition made to the government, and are the more
insolent in their conduct because, they are sure of
being re-elected, through the fewness of their electors,
which they can manage, tho the rest of the Country
were ever so much against them; on the other side the
County of Hunterdon are now in a very good temper,
& would send very loyal men if they may have the
priviledge of a choice
I have thus fully laid the matter before your Lord-
ships & its consequences & must humbly beg your
Lordships resolution upon it with his Majestys In-
structions to compleat the affairs, if your Lordships
think proper to apply for them, with all convenient
dispatch because till this or some other measure be
taken, Such as your Lordships think fit I cannot rea-
sonably expect a good election, which makes the sup-
port of government stand entirely still in that province
without any provision, I can think of no objection to
that proposal, but one, which I humbly conceive your
examination will be found rather an argument for it
14 ADMINISTKATION OF GOVEENOE BUENET. [1721
It may be alledged that an act has been passed in
That province in my Lord Lovelaces time, in pursu-
ance of the instruction novr in force, and therefore
that there is a Bar put to the proposed alteration.
But My Lords in the first place, this act is now only
to be found in print, (pag: 5"' chap: 11"' of the printed
acts which I send herewith) The original not being to
be found on record in Jersey, or at New York and is
supposed to be carryed away among my Lord Love-
laces papers. Nor was any Duplicate of it ever sent
home for approbation, as your Lordship will find upon
Search to be fact. & this is so well know to be the
case of several other acts as well as this that in Briga-
dier Hunters time, There was a Bill brought in to
the Assembly to enact all those printed acts whose
original were lost, but this Bill was rejected as irregu-
lar in its nature: And My Lords if this act was extant
upon record it would be void ipso facto because it is
contrary in many things to the ten our of the instruc-
tion & is thereby null till confirmed by his Majesty,
according to the express words of that Instruction, &
here to avoid repetition, if your Lordships are willing
to see this more fully prooved I beg leave to refer to
pag: 4 & 5"' where the titles of this & another act
are inserted & the instruction set down at length, &
to pag: 9*'' & ](>"' where in answer to the seventh
resolve of the Assembly the whole matter is fully
argued.
I have now trespassed very much on your Lordships
time, & should do So much more If I desired your
Lordships to peruse the annexed printed papers — But
I thought it my duty to Send them that my conduct
might be fully justified & that I might prevent any
false colour or groundless misrepresention, which
some mahtious persons may possibly make to 3^our
Lordships.
And now that I have dwelt so long on the Jersey
1721] ADMINISTRATION OF GOVERNOR BURNET. 15
affairs I will not presume to trouble yoar Lordships
with any thing at present concerning this province
but only in a few words acquaint your Lordships
That the Assembly is just now broke up. passing sev-
eral acts. We agree very well & this province is as
remarkably quiet & happy & affectionate to me as the
other is the reverse.
I am very impatient for yom* Lordships Commands
in answer to my account of the former Session of this
Assembly & shall transmit the minutes & acts of this
Session as Soon as they can be got ready I am with
gTeat respect
My Lords Your Lordships Most dutifull
& most obedient humble Servant
W. Burnet.
Opinion of Attorney General and Solicitor General, as
to the ownership of the Islands in the Delaivare
River.
[From P. R. O. B. T. New Jersey, Volume n, D 105.]
M^ Attorney & SolP^ Gen^'.^ Opinion whether the
IsPf in Delaware River, and the River, be-
long to y*' Crown or to either of the Prov-
inces, New Jersey or Pennsylvania. Dated
y^ 5*^^ August 172L
To THE Eight Hono'ble the Lords Commissioners of
Trade and Plantations.
May it 2^1 ease your Lordships.
In obedience to yo'- Commands Signfy'd to us by MV
Popple by his Letter of the 30^" of June last Whereby
he transmitted to us the annex't Coppy of two Clauses
Extracted out of the Charter of New Jersey and Pen-
sylvania whereby the Boundaries of those provinces
16 ADMINISTKATION OF GOVERNOK BURNET. [1721
are Ascertain'd & thereupon desired our opinion
Whether Delaware Eiver or any part thereof or the
Islands therein lyeing are by the said Clauses Con-
veyed to either of the s*J Provinces, or Whether the
Eight thereunto doth Still remain in the Crown — We
have perused the said Clauses and have been Attended
by the Agents of the parties who claim the Province of
Pensilvania and their Counsel who laid before us a
Coppy of the Letters Patents Granting the said Prov-
ince and have heard what hath been alleadged on
both Sides and upon Consideration of the Whole mat-
ter are of opinion that no part of Delaware Kiver or
the Islands lyeing therein are Compriz'd within the
Granting words of the said Letters patents or of the
said annex't Extract of the Grant of New Jersey; but
we conceive that the Right to the same still Remaines
in the Crown
All which is humbly Submitted to your
Lord Ships Judgement
Rob: Raymond
Aug* 6^^ 1Y21. ' Phi Yorke
Extract of King Charles the 2'^f Grant of New
Jersey &g in America to the Dnke of York,
Dated March 12*!^ 1664.
By these Presents for Us Our Heirs & Successors do
give & grant unto Our Dearest Brother James Duke of
York His Heirs and Assigns All that Part of the Main
Land of New England beginning at a certain place
called or known by the Name of S' Croix, next ad-
joyning to New Scotland in America, and from thence
extending along the Sea Coast unto a certain place
call'd Pemaquie or Pemaquid, and so up the River
thereof to the farthest Head of the same, as it tendeth
Northwards, and extending from thence to the River
1721] ADMINISTRATION OF GOVERNOR BURKET. 17
of Kinibiquie and so upwards by the shortest Course to
the Eiver Canada Northward; And also all that Island
or Islands commonly call'd by the several Name or
Names of Mattawacks or Long Island, situate lying &
being towards the West of Cape Codd, And the Nar-
row Higansets, abutting upon the Main Land between
the Two Rivers there call'd or known by the several
Names of Connecticut & Hudsons River, together also
with the said River call'd Hudsons River and all the
Lands from the West Side of Connecticut River to the
East Side of Delaware Bay, And also all those several
Islands call'd or known by the names of Martyn Vine-
yards and Nantukes other Nantuket together with aU
the Lands, Islands, Soils, Rivers, Harbours, Mines,
Minerals, Quarries, Woods, Marshes, Waters, Lakes,
ffishings, Hawkings, Hunting & ffowling, and all
other Royalties, Profits, Commodities & Heredita-
ments to the said several Islands, Lands & Premises
belonging & appertaining with their & every of their
appurtenances and all &, other Estate, Right, title &
Interest, Benefit, Advantage, Claim & Demand of in
or to the said Lands & premises or any part or parcel
thereof. And the Reversion or Reversions, Remainder
& Remainders together with the Yearly & other Rents
Revenues & profits of all & singular the said premises
& of every part and parcel thereof &cf
Extract of M"" W" Penns Charter from King
Charles the 2f for Pennsylvania, Dated 4*1"
March 1680.
Have given, granted and by this Present Charter for
Us, Our Heirs & Successors, do give & grant unto the
said WilHam Penn His Heirs & Assigns All that Tract
or Part of Land in America with all the Islands there-
3
18 ADMIJSriSTKATION OF GOVERNOR BURNET. [1721
in contain'd as the same is bounded on the East by
Delaware River fi'om Twelve miles Northward of New-
castle unto the 43 Degrees of Northern Latitude if the
said Eiver extends so far Northward But if the said
River shall not extend so far Northward, Then by the
said River so far as it shall extend, And from the Head
of the said River the Eastern Bounds are to be deter-
min'd by a Meridian Line to be drawn from the Head
of the said River unto the 43'1 Degree, The said Lands
to extend Westward 5 Degrees in Longitude to be
computed from the said Eastern Bounds, And the said
Land to be bounded on the North by the Beginning of
the 43 Degree of Northern Latitude, On the South by
a Circle drawn at 12 Miles Distant from Newcastle
Noi'thwards & Westwards unto the Beginning of the
40 Degree of Northern Latitude, And tlien by a
straight Line Westward to the Line of Longitude
abovemention'd.
Representation of the Lords of Trade on Petition of
Charles Gookin for Islands in Delaivare River.
I From P. R. O. B. T. Proprieties, Volume XXXI, page ^'38.1
Rep: upon the Petition of Cap* Gookin, for a
Grant of some small Islands in Delaware
River, between Pennsylvania & N: Jersey.
1721 Sep:" the 1^:*
To THE King's most Excell"" Majesty.
May it please your Majesty.
In Obedience to your Ma.f f* Order in Council, of the
8V' of Jan7 LYIi)'. W^e have consider'd the Petit"? of Cap^
Charles Gookin, late Deputy Governor of Pennsyl-
vania, therein referr'd to Us, setting forth his many
Years faithfuU Service in the Army, wherein he lost
his Rank on Account of being preferr'd to the Gov-
1721] A DMINTST RATION OF GOVERXOR BURXET. 19
ernm' of Pennsylvania, and for supporting the dignity
whereof he expended what small Fortune he had be-
fore saved; And thereupon humbly praying in Regard
thereto, that Your Majesty wou'd be graciously pleased
to bestow on him a Grant under such moderate Quit-
Rent as your Maj7 shall think proper, of some small
Islands lying waste and unhabited in the midst of
Delaware River, between the Provinces of New Jersey
& Pennsylvania in America, not included in y* Grants
of either of the said Provinces, from the Crown; And
having thereupon heard M^ Cox, in behalf of the Pro-
prietors of New Jersey, as likewise several Persons in
behalf of those who claim the Propriety of Pennsyl-
vania; And the Petitioner by his Counsel, and had the
Opinion of your Maj^f* Attorney & Sollicitor General
upon y*" Clauses in the Charters of the said Provinces
of New Jersey & Pennsylvania, whereby the Bound-
aries of those Provinces are ascertain'd; We humbly
represent to your Majesty;
That it appears to Us from the Report of your
Maj'f Attor"> & SoU^ GenI, that no part of Delaware
River, or the Islands lying therein, are compriz'd
within y* granting words of y' s'! Clauses of y' fore-
mention'd Grants; But that the Right to the same still
remains in y*" Crown, And y* your Maj*- may grant all
or any part of the said Isl'l* if your Maj'f shall so
think fit.
But whereas it hath been represented to Us, that
several Settlements & Improvements have allready
been made on some of the s"! Islands by your Majesty's
Subjects in those Parts, who wou'd be greatly pre-
judiced if your Majesty shouVl grant away the said
Islands to any other Persons; We wou'd therefore
humbly offer, that if your Majesty shou'd be graciously
pleas'd to grant Cap' Gookin any of the Islands iu the
River Delaware, that such of them as are & were settled
and imnroved by any of your Majesty's Subjects, be-
20 ADMINISTRATION OF GOVERNOR BURNET. [1721
fore the Pet? Application to your Majesty for a Grant
thereof, be excepted out of y*" said Grant; And that
the present Occupiers be allowed to continue in Pos-
session thereof on Condition that they do pay an
An'ual Quit-Rent for the Same to your Maj*/. It
wou'd likewise be necessary that no Clause or Matter
contain'd in this Grant, shou'd extend to deprive any
of your Majesty's Subjects from the ffree navigation
and Fishery of the said River.
We are likewise of Opinion that the said Cap* Gook-
in shou'd be lay'd under proper Restrictions to settle &
cultivate the Lands to him granted within a reasonable
time, and that a Quit-Rent be reserv'd thereon; And
that the Gov* of such Islands when granted, be an-
nex'd to that of New Jersey, which Province is more
immediately under your Majesty's Governm* than that
of Pennsylvania.
All which is most humbly submitted.
J: Chetwynd.
J: PULTENEY.
Whitehall, Sep'; 1«M721. ' M: Bladen.
EdwP Ashe.
Report of the Condition of Neiv Jersey in America in
n21.
From Entry P. R. 0. B. T. Plantations General. Vol. XXXIV, p. 33(3. i
[From a] Representation upon the State of His
Majesty's Plantations on the Continent of
America [from the Lords Commissioners
for Trade and Plantations Septem"" S**" 1 72 1].
To THE Kings most Excell'' Maj'"'
May it please Your Majesty
'X- -sf- •3f * * •;;- -;f -x- *
The Governm? of New Jersey is bounded on the East
by Man-Hattons Island and Long Island and part of
1721J ADMINISTRATION OF GOVERNOR BURXET. 21
y* Sea. and part by Hudson's River. On the West by
Delaware Bay or River, which parts it from Pensyl-
vania and Southward to the Main Ocean, as far as
Cape May at the Mouth of the said Delaware Bay; and
to the Northward as far as to the Northermost Branch
of the said Bay or River of Delaware, which is in 4 1
Degrees 40 Minutes of Latitude; & crossing over
thence in a Strait Line to Hudson's River in New York,
and is in 41 Degrees of Latitude as appears by their
Charter.
The Proprietors of this Province did formerly ap-
point a Govern^ for the Same; But in the Year 1702,
they Surrendered their Right of Governm*. to Her late
Majesty; & the Gov^ of New York hath ever since
that time been appointed likewise Gov^ of this Prov-
ince, but they have Still a Separate Council of 12 per-
sons appointed by the King, & an Assembly of 24
persons chosen by the people, who make their own
Laws.
The greatest Number of the Inhabitants are Quakers,
of which y" Council and Assembly chieflj'' consist.
This Province raiseth by their Assembly about
ISOO'*' P Amium, for the Support of their Goveinment:
but they think it a Hardship to pay a Salary to a Gov-
ernor who resides in another Province, and would be
willing to raise Still a further sum for the Maintenance
of a Gov^, who could reside amongst them, w'^I' they
conceive wou'd greatly advance the Trade and Welfare
of this Country.
This Province produces all sorts of Grain or Corn;
the Inhabitants likewise breed all sorts of Cattle in
great quantities with which they supply the Merchants
of New York & Philadelphia, to carry on their Trade
to all the American Islands, but were they a distinct
Governni: (having very good Harbours) Merchants
would be encouraged to settle amongst them & they
might become a considerable Trading People; whereas
32 ADMIlsriSTRATION OF GOVERKOR BURNET. [1721
at present they have few or no Ships but Coasting
Vessels, & they are Supply'd from New York & Phil-
adelphia with English Manufactures, having none of
their own.
The Inhabitants daily increase in great Numbers
from New England and Ireland, and before this in-
crease the Militia consisted of about 3000 Men.
There are but few Indians in this Governm! and
they very innocent and Friendly to the Inhabi-
tants, being under the Command of the 5 Nations of
Iroquois, and this Plantation not lying Exposed, as
some other British Colonies do, they have hitherto
built no Forts.
There is a great quantity of Iron Ore, and some
Copper in this Province.
They have only two Patent Officers viz* an Attorney
General & a Secretary; and as all Patent Officers ap-
pointed in Great Britain are generally unwelcome to
the Plantations, so by several Acts of Assembly their
Fees are So reduced (especially the Secretary's) that
they are not sufficient for his subsistance.
J 721]
ADMINISTRATION OF GOVERNOR BURNET.
:>3
Additional Instruction to Governor William Burnet
— relative to the Clergij of the Church of Eng-
land.
(From tlie original in the Library of New Jersey Historical Society.]
Royal
Seal.
Additional In-
struction to Our
Trusty and Wel-
beloved William
Burnet Esq'- Our
Captain General
& Governor in
Chief in and over
Our Province of
Nova Caesaria or
New Jersey in
America at Our
Court at St.
James's, the 30''^
Day of November
1721, In the
Eighth Year of our Reign.
Whereas by our Instructions to you for the Govern-
ment of Our Said Province of New Jersey, Dated the
third Day of June 1720, in the Sixth Year of our Reign:
You are Empowered by the first part of the Seventy
Sixth Article thereof, to prefer any Minister to any
Ecclesiastical Benefice in that Province, who produces
a Certificate from the Right Reverend Father in God
the Lord Bishop of London, or some other Bishop, of
his being confoi'mable to the Doctrine & Discipline of
the Church of England, and of a good life and conver-
sation: It is nevertheless Our Will and Pleasure; that
you do not prefer any Minister to any Ecclesiastical
Benefice in that Province, without a Certificate from
24 ADMINISTRATION OF GOVtlRNOR BURNET. [l723
the Right Reverend Father in God the Lord Bishop of
London of his being conformable to the Doctrine &
Disciphne of the Church of England, and of a good
life and conversation,
G. R.
Speeches and Addresses during the New Jersey As-
sembly commencing the 7th of March, 1722.
[From Smith's History of New Jersey, p. 414.]
The Governor's Speech
Gentlemen,
The choice which the country has made of you to
represent them, gives me a happy opportunity of
knowing their sentiments; now when they have been
fully informed of mine in the most publick mamier, I
have no reason to doubt, that after so much time
given them to weigh and consider every particular,
you bring along with you their hearty resolutions to
support his majesty's government, in such an ample
and honourable manner as will become you to offer,
and me to accept; and in doing this, I must recom-
mend to you, not to think of me, so much as of the
inferior officers of this government, who want your
care more, and whose salary have hitherto amounted
to a very small share of the publick expence. I can-
not neglect this occasion of congratulating you upon
the treasures lately discovered in the bowels of the
earth, which cannot fail of circulating for the general
good, the increase of trade, and the raising the value
of estates; and now you are just beginning to taste of
new blessings, I cannot but remind you of those which
you have so long enjoyed, and without which all other
advantages would but have encreased your sufferings,
under a Popish King, and a French government.
1723] ADMIXISTRAtlOX OF GOVERNOR BURXET. 25
You can ascribe your deliverance from these, to
nothing hut the glorious revolution, begun by king
William the third, of immortal memory, and com-
pleated by the happy accession of his present majesty,
king George, to the throne of Great Britain, and his
entire success against his rebellious subjects at home,
and all his enemies abroad.
To this remarkable deliverance, by an over-ruling
hand of providence, you owe the preservation of your
laws and liberties, the secure enjoyment of your prop-
erty, and a free exercise of rehgion, according to the
dictates of your conscience: These invaluable blessings
are visible among us, and the misery of countries
where tyranny and persecution prevail, so well known,
that I need not mention them, to raise in your minds
the highest sense of your obligations to serve God, to
honom* the king, and love youi" country.
W. BURXET.
The Assembly's Address.
May it please your Excellency:
We gladly embrace this opportunity, to assure your
excellency, that our sentiments and those we repre-
sent, are one and the same, chearfully to demonstrate
our loyalty to our sovereign king George, submission
to his substitute, and readiness to support his govern-
ment over us in all its branches, in the most honour-
able manner the circumstances of this province will
allow; which we hope your excellency will accept of,
tho' it fall short of what the dignity of his majesty's
governor and the inferior officers of the government
might expect, were the province in a more flourishing-
condition.
We thankfully acknowledge your excellency's con-
gratulation, and doubt not when the imaginary treas-
ures (except mr. Schuyler's) becomes real, the country
will not be wanting in their duty to his majesty m
'26 ADMINISTRATION OF GOVERXOR BURNET. [l7'22
making your excellency, and the officers of the gov-
ernment partakers of the advantage.
We doubt not but your excellency will extend your
goodness to countenance any proposal that may tend
to the publick utility.
We hope your excellency will excuse us in faUing
short of woi'ds, to express our thankful acknowledge-
ments to God Almighty and those under him, who
have been instruments in working deliverance to that
glorious nation to which we belong, from popery;
tyranny and arbitrary power, wishing it may always
be suppHed with great and good men, that will endeav-
our then- utmost to maintain his majesty's royal au-
thority, and assert and defend the laws, liberties and
properties of the people, against all foreign and domes-
tic invaders.
We beg your excellency to believe the sincerity of
our thoughts, that there are none of his majesty's sub-
jects that entertains hearts mor loyal and affectionate,
and desire more to testify their duty, gratitude and
odedience to their sovereign king George his issue, and
magistrates in their respective degrees, than doth the
representatives in his majesty's province of New- Jer-
sey.
John Johnston, speaker.
[The Sessions continued about two months; the sup-
port was settled at £500 p' year, for five years; the
Governor after passing that and several other bills,
dismissed the House with the following speech.]
The Governor's Speech.
Gentlemen
I have so many reasons to thank you for your pro-
ceedings in this affair, that should I mention them all,
1122] ADMINISTRATION OF GOVERNOR BURNET. 27
time would not suffice me; two I cannot but acknowl-
edge in a most particular manner; the acts for the
chearful and honourable support, and for the security
of his majesty's government in this province.
I cannot but say, that I look upon the latter as the
noblest present of the two; as I think honour always
more than liches: The world will now see the true
cause of our misunderstandings in the last assembly,
and that we met in the innocency and simplicity of
our hearts: that the enemy had sown such seeds of
dissention among us, that defeated all our good pur-
poses, and made us part with a wrong notion of one
another.
It has pleased God now to discover the truth, and
no man in his sober senses can doubt that the hand of
Joab was then l)usy, as it is now certain that it has at
this time.
It is a peculiar honour to me to be thus justified in
all my conduct by the publick act of the whole legis-
lature; and God knows my heart, that I am not fond
of power, that I abhor aU thoughts of revenge, and
that I study to keep a conscience void of offence to-
wards God and towards man.
After the publication of the acts, I desire you to re-
turn to your house, and after having entered this
speech in your minutes, to adjourn yourselves to the
first day of October next; that tho' it is not probable
we should meet so soon, it may not be out of our
power if occasion should be.
May 5, 1722. W. Burnet.
2S ADMINISTRATTOK OF GOVERNOR BURNET. [17^2
Order in Council relative to Islands in the Delaware.
[From P. R. O. B. T. Proprieties, Vol. II., R. 14.1
Order in Council, of the 11^^ Instant, upon a
Eeport of this Board on Capt° Gookin's
Petf for some IsP^ on Delaware River.
Eecd May 24*^ 1722.
r *) At the Court of S* James's the 17*?" day
] \ of May 1722.
Present
The Kings most ExcellT Majesty in Coun-
CILL.
Upon reading this day at the Board a Report from
the Right Hono'":* the Lords of the Committee of his
Maj*7 most Hono*'!'' Privy Councill, dated the 3'f of
this Instant in the Words following viz* —
""His Majesty having been pleased by his Order in
"Councill of the 28*!' of December last, to referr unto
"this Committee, a Report from the Lords Com-
' ' miss'f of Trade and Plantations upon the Petition of
" Cap* Charles Gookin late Deputy Gov! of Pensilvania,
which setts forth, his many Years faithfuU Services
in the Army wherein he lost his Rank on Account
of being preferred to the said Government, And for
"Supporting the Dignity whereof he had Expended
' ' great Part of his Fortune, and humbly prays in
"regard thereto, that his Majesty wou'd be graciously
" pleased to bestow upon him a Grant of Some Islands
' ' lying in the midst of Delaware River between the
"Provinces of New Jersey and Pensilvania in America,
"not included in the Grants of either of the said
"Provinces: — By which Report the said Commissi
1722] ADMINISTRATION OF GOVERNOR BURNET. 29
"represent, that they have heard the Pet' by his
"Councill, and also some Persons who claim the Pro-
" priety of Pensilvania and New Jersey, and taken the
' ' Opinion of M'; Attorney and M"; Sollicitor Generall,
"whereby it appears, that no Part of Delaware River
"or the Islands lying therein, are Comprized within
' ' the aforementioned Grants, but that the right to the
" Same stiU remains in the Crown, and that his Maj'f
"may Grant all or any of the said Islands if his Maj^f
" shaU so think fitt: And the said Comm7 farther
" Represent, that severall Settlements & Improvem?
' ' have been represented to them to have been made on
" Some of the said Islands by his Majestys Subjects in
"those parts, who would be prejudiced if his Majesty
"should Grant away the said Islands to any other
"Persons; And they therefore humbly offer that if
"his Majesty should be graciously pleased to Grant
" Cap^: Gookin, any of the Islands in the River Dela-
' ' ware, that such of them as are, and were Settled
"and imi)roved by any of his Majesty's Subjects before
"the Petf Application to his Maj'f for a Grant thereof,
' ' be Excepted out of the said Grant, And that the said
' ' present occupiers be allowed to Cbntinue in Posses-
"sion thereof, on Condition that they do pay an
"annual Quit Rent for the same to his Majesty; And
"that nothing be Contained in such Grant to Extend
"to Deprive His Majestys Subjects from the free
"Navigation and Fishery of the said River; And fur-
" the said Cap* Gookin be laid under proper Restric-
"tions to Setle and Cultivate the Lands to him
" Granted within a reasonable Time, and that a Quitt
" Rent be reserved thereon, And that the Government
" of such Islands when Granted be annexed to that of
New Jersey; Which Province is more immediately
under his Maj'f^ Governni: than that of Pensilvania:
"And his Majesty— having been also pleased by his
" Order of the Same Date to referr unto this Commit-
30 ADMINISTRATION OF GOVERNOR BURNET. [1722
tee, An humble Petition of the said Cap* Gookin
relating to that Part of the said Eeport about except-
ing the improved Islands, representing, the Same
might be attended v^ith very ill Consequences, And
praying that he may have a Grant of all the Islands
in Delaware River, on Condition that he allows such
Improvers for all their Improvements made, as shall
be adjudged upon a Survey by indifferent Persons
chose for that Purpose, and which will prevent the
Improvers being prejudiced, and that it may be
described, what shall be deemed Improvements
within the meaning of Such Condition: And also
another Petition of the Widow and Executrix of
WiUiam Penn Esq: deceased, late Proprietary Govi
of Pensilvania alledging, that the said Islands lye
next to Pensilvania, and that they have been
Esteemed Part of that Province, and therefore pray-
ing to be heard against any Grant being made
thereof and Confirm her Right to the Same.
"Their Lordships pursuant to his Maj*[® said Orders
took the whole matter into Consideration, and heard
the said Petf by their Councill learned in the Law,
And Do Agree, humbly to offer to his Majesty, That
it appears, upon the Representation of severall Gen-
erall Officers and of the Earl Cadogan then present,
That the Pet*; Cap*. Gookin had Served the Crown
many Years with greatly Fidelity: That as to the
Islands in the River Delaware, It did plainly appear,
that they were not Comprehended within the Boun-
daries of either of the two Provinces of Pensilvania
New Jersey, but that the same remain in the Crown,
But in regard Some of them were represented to
have been Setled and Improved before the Pet'; Capt :
Gookins present Application for a Grant: — Their
Lord P." are of Opinion, that when his majesty shall
please to Grant the said Islands, it would be proper,
the Board of Trade should particularize, which of
1723] ADMINISTRATION- OF GOVERNOR BURNET. 31
" the said Islands appears to them to be improved, and
"to Consider, whether it would be most proper, that
" the Persons who have improved such Islands, should
" be quieted in the Possession thereof paying a Quitt
"Rent to the Crown or whether they should be
" allowed a Compensation for their said Improvements
"by such Person as Yo'; Maj'f shall think proper to
" make a Grant of the said Islands to, and in what
"manner Such Compensation shall be setled: And
" Their Lord"?' are further of Opinion that when his
"Majesty shall please to Grant the said Islands, that
"the Government thereof should be annexed to the
" Province of New Jersey; And that no Clause or Mat-
' ' ter contained in Such Grant should Extend to De-
"prive any of his Majesty's Subjects from the free
' ' Navigation and Fishery of the said River Delaware,
"And that the Grantee be laid under proper Restric-
' ' tions to Setle and C*ultivate the Said Islands within
" a reasonable Time, and that a Quitt Rent be reserved
"thereon to his Majesty.
His Majesty in Councill taking the said Report into
Consideration, Is pleased to Approve thereof, and to
Order, pm'suant thereto, that the Lords Commissi of
Trade and Plantations, do particularize, which of the
said Islands appear to be im])roved, and Consider,
whether it would be most proper that the Persons who
have improved Such Islands should be Quieted in the
Possession thereof paying a Quitt Rent to the Crown,
or whether they should be allowed a Compensation
for their said Improvements by Such Person to whom
his Majesty shall think proper to Grant the Same, and
in what proper manner such Compensation may be
setled, And make Report thereof to his majesty at this
Board. —
Robert Hales.
32 ADMINISTRATION OF GOVERNOR BURNET. [1732
Letter from Governor Burnet to the Lords of Trade
— on New Jersey affairs.
[From P. R. O. B. T., New Jersey, Vol. III. E 7. 1
Letter from Mf Burnet to the Board
New York 25"^ May 1722
My Lords,
I have the honour of your Lordships Commands of
the 22'' February, relating to the Acts in Jersey which
are now repealed, and ShaU take Effectual Care; to
pubhsh it in such manner as to set the Secretary Office
in possession of his just Pretensions.
A Cabal of Wicked People in Jersey headed by
George WiUox [Willocks] a Jacobite had contrived in
this last Sessions just now over, among many other
Laws to hurt the Prerogative, one particularly to de-
stroy the secretary s Office, which was entitled "An
' 'Act to oblige Clerks and other Officers that keep
" Records to give Security for y'' performance of their
" respective Offices.
In a former Act to this Effect passed in 12° et 13°
Reginae Annae Entituled "An Act for Acknowledging
' ' & recording of Deeds & Conveyances of Land with-
in each respective County of this Province one of the
Acts now disallowed and to which I beg leave to refer
myself the Secretarys Office was distinctly excepted in
a Clause by itself, but in this last there is no Excep-
tion & it runs . . . any Laws to the Contrary in any-
wise notwithstanding — which Words would have re-
pealed y*" Clause in the former Act, if the last had
past.
I send here annex'd a Copy of that last BiU. as it
came up to the Councill passed by the Assembly; upon
which I was informed it was George Willox's [Wil-
locks] drawing by the Person who copyed it from his
1732] ADMINISTRATION OF GOVERNOR BURNET. 33
handwriting, which led me to examine that pei'son be-
fore y' C^ounnil and upon that followed that Minute of
Councill where the whole Discovery appears & that
upon one of the Councill justifying this Jacobite plot
I suspended him which I hope his Majesty will ap-
prove That Minute of Councill is hereto likewise an-
nexed as are my printed Speeches & the printed Act
for the Security of his Majesties Government which
the Assembly passed upon my sending them y'' above
mention'd Minute of Councill as they have likewise an
Act for the Support of Government for five Years, &
of themselves a Majority of them -told me they w^ere
very easy at my laying aside all their factious Bills,
among which is that of w^hich I send a written Copy
for that they were deceived into them by their Speaker
& his Councillour George Willox | Willocks J & did not
desire them to pass. So that I have gained their Ap-
probation in every thing & have by their own Act ob-
tained a Censure upon all my enemies & a Justifica
tion of my own proceedings, I hope Your Lordships
will by this perceive what disappointed me before &
where the whole Blame ought to lye.
I sent them likewise an x\ct W' the Councill passed
in Order to disallow those very Acts which Your Lord-
ships have now obtained a repeal of from his Majesty
but the Season being too advanced & there arising
severall Query s which required time to answer, they
begged then to be dismissed & that they would be
ready to go upon it effectually when they met again &
were in Generall well disposed to serve Mr Smith.
This obliges me to thank Your Lordships for taking
this Trouble from me by effecting it at home.
I must now acquaint Your Lordships y' there are
three Vacancies which I humbly recommend to Your
Lordships to be filled up in the Councill of New Jer-
sey.
1. One in the Eastern Division by M' Gordons Death,
4:
34 ADMINISTRATION OF GOVERNOR BURNET. [1722
to which I recommend M'^ James Alexander Surveyor
General of that Province
2. Another in the Western Division by y^ Constant
Absence & entire Incapacity of Speech & all Business
of M' Byeiiy, to which I recommend M' James Smith
Secretary of the Province.
3. And a third in the Eastern Division by the Sus-
pension if approved of M' Anderson, as appears by the
annext Minute of Councill to which I recommend M'
William Eires now Treasurer for y^ Eastern Division.
I have not yet been to get y'^ Minutes of Councill &
of the Assembly fairly transcribed nor their Acts en-
grossed to be transmitted to Your Lordships but will
do it by the next Conveyance & in the meantime re-
main with profound respeat.
My Lords, Your Lordships most Dutifull and
Obedient Servant
W. Burnet.
Minute of Council when Mr Anderson was Sus-
pended, rec^ with M?" Burnets L'" of 25^^
May 1722.
At a Councill held at Perth Amboy April y® 20,
1722.
Present
His Excellency William Burnet Esq!" Govern. &.
Lewis Morris
Thomas Gordon
John Anderson
I
David Lyell ^ Esq'"
John Parker
John Johnston
Peter Bard
The Governour inform'd this Board that M' Brad-
ford attended without and had a matter of importance
jio inform this Board of,
1722] ADMINISTRATION OF GOVERNOR BURNET. 35
and accordingly the Governour Sent for M"" Bradford
in, and asked him whether the Bill which was brought
into the house of Representatives Intituled An Act to
oblige Clerks and other Officers that keep Records to
give Security for the performance of their respective
Offices, was his handwriting, M! Bradford said it was,
The Gov!" asked him, from whose handwriting he
had copyed y' s? Bill, M"^ Bradford said from George
Willox's [Willocks'l as he believed, of all w*":" he was
readv to take his Oath.
The Gov^ernour asked M' Bradford who had directed
him to copy the said Bill, M"" Bradford said it was
Docter Johnston who had desired him to copy the
same.
The Governour observed to the board of what ill
Consequence it was to his Majesties Government to
consult with professed Jacobites concerning the f ram -
ing of Laws, that George Willox [Willocks], had re-
fused taking the Oaths, of Allegiance to his Majesty
when they were tendered to him, and therefore must
be looked on as an Enemy to y" Governm^ after some
further Discussion on y' same Subject, M' Anderson
said, he did not take him (meaning as is agreed by all
the board M"" Willox [Willocks] ) to be an Enemy to the
Governm^ upon which Words the Governour did sus-
pend M"" Anderson from sitting & acting in his Majes-
ties Councill, till his Majesties Pleasure be further
known &, said that his reason for so doing was that he
thought that it was inconsistent with his Duty as a
Councillor & a good Subject to justifie a person in the
manner he had done, who had given publick proofs of
his Disaffection to his Majesty King George and the
protestaut Succession as Establisht b}^ Law.
36 ADMINISTRATION OF GOVERNOR BURNET. [1722
Memorial of John Gosling to the Lords of Trade, — rel-
ative to Leasing the Mines in America.
[From P. R. O. B. T. New Jersey, Vol. III. E 0.]
Mem! of John Gosling, proposing an Instruction
to all Governors in America, Empowering
them to let to Farm or Licence persons up-
on reasonable Conditions the Advantages
that may accrue upon the Discovery of
Royal Mines there: Dated May 24*^ 1722.
To the Right honoixible Lords of Trade and Planta-
tions at Whitehall London.
May y" 24*^ (1722)
New Jersey or nova Cesaria To y"" Right honorable
the lords of trade and plantations this memoriall
humbly presented; and Sets forth to your lordships
that by the Eoyall Grant of Charles the Second to his
brother then duke of York; I finde the said Dukes
Grant of New Jersey or nova Cesaria in America the
mines mineralls Royaltyes powers &c were Granted to
the Lord Barkley and Sr: George C^artreet within the
same by w*^'' words in y^ Said Grant the purchaserers
of them; Generally Conceived that all the Royall
mines of Silver and Gold mixt or unmixt; where there-
by Granted and invested in them and theire assignes
for Ever; but of late there haveing been Severall mines
of Very Valluable Metle Discovered in pensilvania &
new Jersey and the Collonies adjacent w''!' hath given
occasion of disputes whether the Said mines; by Ver-
tue of those Generall words; are Granted to the i3res-
ent proprietors of the soyle or not; the w^" your Lord-
ships will best Judge of; now for as much as it
becomes faithfull and Loyall Subjects of the best of
Kings and lovers of theire Country and Nation; to ad-
1732] ADMIXISTRATION OF GOVERNOR BURXET. 37
vertize You of things of Great Importance; I therefore
do beg leave in all humble manner to lay before your
lordships that those Collonies; perticularly new Jersey
are found Severall Rich mines Consisting of Silver and
Gold unmixt or mixt with other Mettalls; and the dis-
coverers for fear of Censures are pleased So farr as
may be in their power to Conceale them untill they
Can see whether any meanes may be found to Secure
to themselves Such a proportion of them; in Case
Your lordships shall Conceive them not allready
Granted as may render it of Some proffit to the owners
of lands and discoverers of mines; I Crave leave there-
fore further to lay before Your Lordships that there is
reason to Beleive; that were there Suitable Encorage-
ment given to his Majesty's Subjects in America it
will be found in time Equall to new Spain; in Royall
mines to the Enabling of people in them to purchase
and use very much more of the Growth and Manufac-
tories of Great Brittian to the Great Encrease of trade
and the Revenue and Riches of the Crown and King-
dom as well as strength; I therefore presume to let
Your lordships Know that some persons in these parts
haveing the like Knowledge of these Rich mines'now
Discovered and a Just Expectation of many new Dis-
coveries are Contriveing here & In what manner they
may finde meanes to Gain Grants from his Majesty of
the Said Royall mines in the Severall parts of america
and the persons that act as agejents here for Severall
of the Companyes of Mineors In Great Brittian have
not withstanding theire acting in Generall with Caution
Given sufficient Cause to suspect theire advizeing
theire Companyes to get those Grants; and and there-
by to Monopolize them to the use and benefit of them-
selves and theire Companyes by that meanes; I
humbly Conceive it will be a Great prejudice to his
Majesty as to his Revenues the trade of the Kingdom
and the Common Benefit of his Majestys subjects both
38 ADMINISTKATION OF GOVERNOR BURNET. [1722
at home and abroad; if Such Grants should be ob-
tained by private persons and Companyes; it is there-
fore humbly submitted to your Lordships Considera-
tion whether if by his majestys Royall Instructions to
be Given to the severall Governors in America; they
might be Enabled to Grant lyeciencies for a terme of
years for digging and working the Mines; Reserveing
some part to his majesty to be paid in Either oar or Metle
to his majesty's Governors, Collectors or Such agejents
as his majesty and his Royall Successors shall appoint
in titleing the proprietor of Land to hold at least three
fifth parts; Discoverer at least one fifth part and a fifth
part Cleare of Charge to his said Majesty; and whether
an Act of parliament to some such like purpose with a
Grant of his Moste Sacred Majesty to some such like
purpose; would not be of the utmoste importance and
security of the mines; and So Enrich them; as to En-
rich the nation to whose interest in Generall Such En-
coragements will undoubtedly prove ; if private Grants
and MonopiHzers are by Some Such or other safe and
proper Meanes prevented; all which is in the moste
humble man" Submitted to Your lordships by Your
humble servant
John: Gosling
Description of the Island of Burlington, in Delaivare
River.
I From P. R. O. B. T. New Jersey. Vol. HI. E t J
Description of the Islf of Burlington on Dela-
ware River given by Col:" Cox. May .'3 If
1722.
Thai on the first Settlement of the Town of Bur-
lington, the Island opposite to it in Delaware River,
was by consent of M! Billings the Proprietary of West
1722] ADMINISTRATIOX OF GOVERXOK BURNET. 39
Jersey Survey'd by one Stacy a Considerable Proprie-
tor (and ever since calFd Burlington or Stacys Island)
and by him given to the said Town for a publick Com-
mon and Place of Diversion, whither the Inhabitants
ussually resort to Walk and refresh themselves on
ffine Weather & Holy days The Town being for the
most Part inclos'd by Creeks Marshes, and Sand HiUs,
which deprives them of the above Conveniencys on the
Continent. So that should his Majesty think ffitt to
dispossess the Town of this Island, and Grant it to any
private Person, the Inhabitants would lose One of the
greatest Comforts of their Lives, and be made So
uneasy, that the Rents of their Houses would Consid-
erably ffall, Many Familys would retire to other
Parts, and the Town in a manner be almost depopu-
lated.
Besides that the Trade of the Town (which is the
Capital of the Province) would be thereby greatly dis-
courag'd, If not totally destroy 'd; and the Building of
Vessels (which is One of its main Supports) be Soon at
an End. Add to this that on the Shoar of the s?
Island, They gather All the Balast for their Shippmg
and Smaller Vessels, which is not to be procured in
any other Place nearer than Ten or Twelve Miles fur-
ther up the River, And then it must be purchas'd at
any Rates the Proprietors of the Island, or any other
Land from whence it is to be fetch'd shall please to
exact, which by Experience are Knowm to be very
excessive and burthensom—
Moreover when the Indians are Sent for, or come
down of their own Accord, to treat with the Govern-
ment, or to Sell their Lands (as they often do in Con-
siderable Numbers) This Island is the usual Place
appointed for their Residence till their Buisiness is
finish'd, and they are order'd home again. The Offi-
cers of the Government and Inhabitants not tliinking
it prudent, or to Stand with their Security, that They
should continue in the Town espetially by night.
40 ADMINISTRATION OF GOVERNOR BURNET. [172:3
This Island when in possession of the Dutch, before the
English had any footing there ; was j" usual Residence
of the Dutch Governour; who built a Smal Fort at j"
Point next Burlington in which he placed four Cannon
to Command both Channels of the river & down it as
far as his shott wou'd reach He Likewise clear'd &
ditch'd in eighteen Acres of Marsh, where he made
Hay & Graz'd his Cattle, & the foundation of the
House, the Banks of y'' Marsh & great Part of a toler-
able Good Orchard, are remaining there to this Day —
Sometime before, & during y" time of this Petition-
ers Application to his Majesty for the Islands in Dela-
ware Eiver, the Inhabitants of Burlington being Igno-
rant, and no ways apprehensive of Such a Sadden
unexpected Attack upon them, were at the Charge
and Trouble of laying out and Cutting Ten or Twelve
Walks or Vista's from a Small rising Ground about
the Center of the Island, by which They had at once a
Prospect Up and down the River, of different Parts of
the Town of Burlington, and of that of New Bristol
over against it on the Pensilvania Shoare. This work
has been further encourag'd and improved by the
pressent Governour his Ex^ W"' Burnett Esqr, who
Spar'd no Pains or Costs to render the Place Still more
pleasant & delightful; He almost dayly Visited it,
during his Residence in BurHngton, and Sometimes
diverted himself therein (when he could obtam a Re-
laxation from the more weighty Affairs of the Govern-
ment) almost whole Days together. Besides As it
may Some time or other Happen, from the favour of
his Majesty, or the Circumstances of Affairs, that a
Govenour may be appointed immediately Commis-
sion'd for this Province Seperate from any other, who
shall be order'd Constantly to reside therein, There is
no Doubt to be made, but Burlington will be the Chief
Place of his residence, & that the Assembly will raise
Mony to build him a House there, or Purchase a very
Large & fine one already built at the Point of the
1722] ADMIXISTRATIOX OF GOVERNOR BURNET. 41
Town opposite to the Island, which to my knowledge,
has been oft discours'd of & Design VI to be Effected,
Whensoever it shall so happen that they have a Gov-
ei'nour of their own Constantly to Dwell & Continue
in the Province. This Island will then be of a great
Convenience & Service to the Governers as well as the
Town, the Trees on it will Supply him w'^ Timber for
Repairs, Wood for ffencing, & ffewel for fifire; and
the Marshe Land belonging to it when cleared will
maintain his Horses and Cattle w*? Grass and Hay.
Nutten Island over ag- the City of New York, tho'
often begg'd of the Crown, was never yet gi'anted or
alienated, because it is found to be many Ways Useful
and necessary for the Service of that City, the Fort, &
the Governour: The Same Reasons may be alledg'd,
and will hold Good on the Part of Burlington or
Stacys Island, besides the Several others before men-
tioned, which are humbly submitted &c
List of the Islands in the Delaware River.
I From P. R. O. B. T., New Jersey. Vol. III. E .5.]
An Account of the Islands lying in DeLaware
River Particularizing the same and dis-
tinguishing the Improved Islands from the
unimproved and describing in what the
Improvements consist —
Fatls^'**^^ ^'^""'"'^ "''''^ *^''' ) ^^^^^^y unimproved
No building on it — not
Banked being a high Isl-
and— CoU Cox has heard
Byles Island |-itt has been let for: £12:
a year but knows not that
itt is or ever was so lett of
his own knowledge
42
ADMIN^ISTRATION OF GOYERNOR BURNET.
[1722
A Small Marshy Island •,
between Byles and Bid- '. Wholly unimproved
dies Island- \
Biddies or Pensbury Isl-
and
Burlington or Staceys
Island
Burdons Island
Fairman's Island
Used for Grazing Cattle
by Biddle and as Coll Goo-
kin Says by Severall others
Uninhabited and unset-
tled but alledged to be
used as a Place of Pleasure
for Burlington — vide Coll
Coxes Papers
An Old decayed House
upon itt some small part
of itt cleared and Cattle
Grazed there.
Wholly miiniproved and
uninhabited
Two httle Shifting Isl
ands or Mudd Banks
Unimproved and pro-
duces nothing but Sedge
which the Inhabitants of
}-the Jerseys and Philadel-
phia * ^ promiscuously cutt
formerly but tlie Islands
are over flowed each tide.
All Marsh with Shrubs
upon itt and a little House
Hollanders Creek Island j- Built the reonby M!' Story
[Stacy:'] and some small
parj; improved.
Qu: if in DeLaware
League Island & Hogg l ^i^^^" - Unimproved en -
Island I tirely and overflowed with
J water
Three little Islands near ) » n • , i
™ - All unnnproved
lenecum )
1722]
ADMINISTRATION OF GOVERNOR BURNET.
43
Carpenters Island near
the Mouth of Schuylkill
River
Improved by a handsome
House and in many other
f Particulars. Questioned
I whether in Delaware or
) Schuylkill River.
Improved by a Good
Tenecunck by the Side , ^ouse and Orchards and
of the River
Tenecunck in the Mid
die of the River
Two Islands on the
Eastern Shore opposite to
Chester
j much cleared Land
I Uninhabited unimprov-
j^^ed bears reed only and
j overflowed every Tide
Fishers Island
Uninhabited and unim-
proved and overflowed
1 Not known by Coll Cox
nor Coll Gookin to be in
the River Delaware
Mem""' There are Severall other Islands in the
River which cannot be particularized or any account
given of 'em.
From the Lords of Trade to the King— in relatw)) to
the islands in the Delaware River.
IFrom P. R. O. B. T., Proprietors, Entry Fol. 81, p. 248.1
Repf upon an Order of Council, of W^ last
Month, in Relation to Cap* Gookin's Petitf
for some Islands on Delaware River.
To THE King's Most Excell:' Majesty.
May it please your Majesty,
In Obedience to your Majesty's Order in Council to
Us, bearing Date the ITS" Day of the last Month,
44 ADMINISTRATION OF GOVERNOR BURNET. [1722
whereby We are directed to particularize what Isll''
lying in the River Delaware, between your Majesty's
Provinces of New Jersey & Pennsylvania, appear to
be improv'd, and whether it wou'd be most proper
that the Persons who have improv'd such Islands,
shou'd be quieted in the Possession thereof, paying a
Quit Rent to the Crown, Or whether they should be
allowed a Compensation for their said Improvements
by such Person to whom your Majesty shall think
proper to grant the same, and in what manner such
Compensation may be settled? We have got what In-
formation We could, of the Condition the said Islands
are now in, which according to the most perfect List
of their Names that has been laid before Us are as
follows,
A httle Island next the Falls.
Byles Island.
A small marshy Isl? between Byles & Biddies Isl-
and.
Biddies or Pensbury Island.
Burlington or Stacy's Island,
Burden's Island.
Fairman's Island.
Two little shifting Isl'!' or Mud-banks.
Hollanders Creek Island.
League Island & Hogg Island.
Three little Isr!** near Tenecunck.
Carpenters Islf near the mouth of Schuylkill River.
Tenecunk, by the Side of y" River.
Tenecunk in y*" middle of the River.
Two Islands on the Eastern Shore opposite to
Chester.
Fishers Island,
of the foregoing List, Hollander's Creek Island,
Carpenter's Isl'! near the Mouth or Schuylkill River &
Tenecunk, by the Side of the River, and Fishers' Isl-
and, are the only Islands which appear to Us have
17:^2] ADMINISTRATION OF GOVERNOR BURNET. 45
had any considerable Improvements made upon them,
and upon further Examination We are humbly of
Opinion they cannot properly be called Islands ly-
ing within the River Delaware; For altho' some part
of them be washed by the said Eiver, yet they lye
close to the Pennsylvanian Shore, and are chiefly sur-
rounded by other Waters flov^ing from that Pi'ovince;
And if it should hereafter appear that they are not
alkeady included in the Charter of Pennsylvania, We
should humbly propose your Majesty might be gra-
ciously pleas'd to grant them to the present Possessors
repectively, under a reasonable Quit-Rent.
There is likewise one other Island in the River of
Delaware called Burlington or Stacy's Island, lying
near to the Town of Burlington in your Majesty's
Province of New Jersey, and altho' no great Improve-
ments have been made thereupon, yet as we are in-
form'd that the said Island has long been made use of
by your Majesty's good subjects inhabiting y'^ Town
of Burlington, the Capitol of your Majesty's Province
of West New Jersey, and is in many respects necessary
for them; We would humbly propose to your Majesty
that a Grant thereof may be made to the said Town of
Burlington, under a reasonable Quit-Rent, and that y'
same may, by Virtue of your Maj'^'' Letters Patents,
be made a part of the said Province of New Jersey.
As to the rest of the said Islands; We do not find by
the best Enquiry We have been able to make that any
considerable Improvem*: have been made thereupon,
or that the present Possessors have had any Grant of
them from the Crown, or have paid any Quit-Rent for
the same.
V/herefore We are humbly of Opinion, tliat your
Majesty may be graciously pleas'd to grant all the said
Islands, except.
Hollander's Creek Island.
Carpenter's Islf near the Mouth of Schuylkill River.
46 ADMINISTRA'TION of governor BURNET. [17^2
Tenecunk by the side of y® River.
Fisher's Island.
And the Island of Burlington, to such Person as
shall be thought worthy of your Majesty's Royal Fav-
our, under the usual Quit-Rents; In which Case We
would humbly propose that they may likewise be made
a part of your Maj'f^ Province of New Jersey.
All which is most humbly submitted.
P: DOEMINIQUE.
M: Bladen.
E: Ashe.
WhitehaU, R: Plum'er.
June W^ 1Y22.
Additional Instruction to Oovernor William Burnet,
of New Jersey — relative to the enforcement of the
Acts regulating Trade and Navigation.
[From the Original in the Library of the New Jersey Historical Society.]
Additional Instruction to Our Trusty
& Wel-beloved, William Burnet, Esq'
Our Captain General and Governor in
Chief in and over Our Province of Nova
George R Caesarea or New Jersey in America;
Given at our Court at S! James's the
Third Day of June 1722, In the Eighth year of Our
Reign
Whereas We have been informed that a clandestine
Trade is carried on, as well by British as Foreign
Ships, from Madagascar & other parts beyond the
Cape of Bona Esperanza mthin the Limits of Trade
granted to the united East India Company directly to
Our Plantations in America, to the great detrim* of
these Realms, and in Breach of the Several Laws in
Force relating to Trade and Navigation: Our Will
1722J ADMINISTRATION OF GOVERNOR BURNET. 4?
AND Pleasure is, that you Our Governor or in your
Absence the Commander in Chief of Our Said Province
of New Jersey, do duly and Strictly observe and
cause to be observed the several good Laws and
Statutes now in force for the regulating of Trade and
Navigation, particularly the Several Acts of Parlia-
ment already mentioned in your Instrnctions, and also
those contained in the following List, Viz^
An Act passed in the Ninth and Tenth Years of the
Reign of King William the third, Entituled An Act
for raising a Sum not Exceeding two Millions upon a
Fund for payment of Annuities after the Rate of
Eight p' Cent p' Annum and for Settling the Trade to
the East Indies.
An Act passed in the Eleventh and twelfth of the
said King's Reign, Entituled An Act for the more
effectual Suppression of Piracy. —
An Act passed in the Ninth Year of the Reign of
Her late Majesty Queen Ann, Entituled An Act for
the preservation of white and other Pine Trees grow-
ing in Her Majesty's Colonies of New Hampshire, the
Massachusetts Bay and Provinces of Main, Rhode
Island & Providence Plantation, the Narraganset
Country or Kings Province and Connecticut in New
England; and New York and New Jersey in America,
for the Masting Her Majesty's Navy.
An Act passed in the fourth Year of Our Reign
Entituled An Act for the fui'ther preventing Robery,
Burglary and other Felonies, and for y' more effectual
Transportation of Felons & Exporters of WooU, and
for declaring the Law upon some points relating to
Pirates.
An Act passed in the fifth Year of Our Reign, Enti-
tuled, An Act against clandestine running of uncus-
tom'd Goods, and for the more Effectual preventing of
Frauds, relating to the Customs.
An Act passed in the same Year of Our Reign. En-
48 ADMINISTRATtON OF GOYERNOE BURKET. [1722
tituled An Act for the better securing the Lawful
Trade of His Majesty's Subjects to and from the East
Indies, and for the more Effectual preventing all His
Majesty's Subjects Trading thither under Foreign
Commissions-
An act passed in the seventh Year of Our Reign,
Entituled, 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 the Lawful Trade thereto, & for
further regulating the Pilots of Dover, Deal and the
Isle of Thanet.
An act passed in the Eighth Year of Our Reign,
Entituled, An Act for the Encouragem'; of the Silk
Manufacturers of this Kingdom, and for taking off
several Duties in Merchandizes Exported, And for
reducing y' Duties upon Beaver skins. Pepper, Mace,
Cloves, and Nutmegs Imported, and for Importatien
of all Furrs of the product of the British Plantations
into this Kingdom only, &c^
An Act passed in the same Year of Our Reign, En-
tituled, An Act to prevent the Clandestine Running of
Goods & the danger of Infection thereby, & to pre-
vent Ships breaking their Quarantine, and to subject
Copper-Oar of the product of the British Plantations
to such Regulations as other Enumerated Commodi-
ties of y° like production, are subject.
And Another Act i^assed in the same Year of Our
Reign. Entit : An Act for the more Effectual Suppress-
ing of Piracy.
(Copies of which Acts you will herewith receive)
And that if you, or Our Commander in Chief for the
time being. Shall be found neghgent or remiss in your
Duty in an Affair of so great Importance to Our Ser-
vice and the Welfare of Our Subjects: It is Our fix'd
and determined Will and Resolution, that you or such
Commander respectively be for such Offence, not only
\7'i'i] ADMIMSTHATION Ol" ( ;n V i:i; .\() !! lU' i; X Kl'. 49
immediately removed from your Employments, and be
lyable to the fine of one thousand pomids as likewise
Suffer such other Fines and Forfeitures, Fains 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's And
in order to the better Execution of the Laws and
Statutes above mentioned, upon the first notice of the
Arrival of any Ship or Ships within the Limits of any
Port of or belonging to your Government, which have
or ai'e suspected to have on Board any Negroes, Goods
or Commodities of y*" growth, produce or Manufacture
of the East Indies. Madagascar or any other parts or
places beyond the Cape of Bona Esperanza, within the
Limits of Trade granted to the united East India Com-
pany pursuant to the forementioned Act of the 9'!' and
10'.'' of King William, you shall immediately cause the
Officers of Our Customs in your Government (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 Commanders the
Officers and Sailors on Board such Ship or Ships, and
tiieir Charter parties. Invoices, Cocquits & other Cre-
dentials, Testimonials or Documents, and if they find
that such Ship or Ships came from the East Indies,
Madagascar or any other parts or places beyond the
Cape of Bona Esijeranza, within the Limits of Trade
granted to the said United East India Company; And
that there are on Board any such Goods, Commodities
or Negroes, as is above mention'd that they do give
notice to the Master or other person having then the
Command of such Ship or Ships, forthwith to depart
out of the Limits of your Government, without giving
them any relief, Support, Aid or Assistanc(\ altho' it
should be pretended that sucli Ship or Ships were, or
the same really should be in distress, want, disability
50 ADMINISTRATION OF GOVERNOR BtlRNET. [1722
Danger of Sinking, or for or upon any other reason or
pretence whatsoever. And that you Our Gov' 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 on shore, upon any
Account or Excuse whatsoever. And it is Our fur-
ther Will and 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
y'' Master or other person having the Command there-
of, as soon as conveniently may be, depart out of the
Limits of your Government, and from the Coast
thereof without Landing, Selling or bartering any of
the said Goods or Negroes, you. Our Governor or the
Commander in Chief 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 coming upon any of the
Coasts or Shores of Our said Province of New Jersey,
do belong to Our subjects, and to 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 Merchandizes loaden thereupon, and
the proceed and Effects of the same be immediately
seized, and that the Laws in such case made and Pro-
vided be j)ut in Execution with the greatest care,
dilligence and application; But if any Ship belonging
to the Subjects of any Foreign State or Potentate,
having on Board any Negroes or East India Commo-
dities shall be actually bound to some Port or Place,
in the West Indies belonging to any Foreign Prince
or State from some European Port, and such Ship
shall happen to be driven in by Necessity, and be in
real distress, the same may be supply'd with what is
absolutely necessary for Her relief; But you shall not
1722J ADMINISTRATION OF GOVERNOR BURNET. 51
take, have or receive, nor permit or suffer any person
to take, have or receive any Negroes or other the said
East India Commodities in payment or Satisfaction for
such rehef. That if any Officer of Our Customs or
other Officer Employ'd by you Our Governor or Com-
mander in Chief, in Visiting Searching or Seizing such
Ship or Sliips, Goods, Merchandize or Negroes, be cor-
rupt, neghgent or remiss in the discharge of his Duty
thei'ein, We do hereby require you to suspend him
from the Execution of His said Office, and that you do
by the ffi'st Opportunity send an Account of such Offi-
cer's behaviour to one of Our Principal Secretaries of
State; and to Our Comtnissioners for for Trade and
Plantations, that care may be taken that such Officer
be removed from his Employment, and further pun-
ished according to his Demerit. And Our further
Will & Pleasure is, that you Our Governor or Com-
mander in Chief, do constantly from time to time, and
by the first Opportunity that shall Offer, send to one
of Our Principal Secretaries of State, and to Our Com-
missioners for Trade and Plantations, true, full and
exact Accounts of your proceedings, and of all other
Transactions and Occurrences in, or about the Prov-
inces, or any of them.
G. R.
From Secretary Popple of the Lords of Trade to Gov-
ernor Burnet — relative to vacancies in the Neiv
Jersey Council.
[From P. R. O. B. T., New Jersey, Vol. XIV, p. 116.1
L'" from the Secry to Ml" Burnet, Gov!' of New
Jersey.
To M';.' Burnet, Escf;
Sir,
My Lords Com'is'' for Trade & Plant' com and me
to acquaint you, that they have recom'ended James
52 AOMINiSTKATiOy OF GtOVERXOK BURNET. [1722
Alexander & James Smith Esq'f to supply the places
of Mr Gordon & M- Byeiiy in the Council of New Jer-
sey, as you desire in your Letter of the 25'? May last;
But that as to M[ Anderson, whom You have sus-
pended: Their Lord^' have agreed to consider further
your Reasons for the s'- Suspension before they report
to his MajT thereupon. I am,
Sir, Your most Obedient & Most humble Servant,
A: Popple.
Whitehall July iS: 1722.
Copy of an Order in Council of the 19*1' July
1772 appointing James Alexander & James
Smith Esq^;^ to supply 2 Vacancies in the
Council of New Jersey Occasioned by the
Death of M"" Gordon, & Absence & Inca-
pacity of M"" Byerly, upon a Representation
of this Board of 5*^ July last
At the Court at Kensington,
the 19*:^ day of July 1722
Present
The Kings most Excell^ Majesty in Councill
Upon reading this day at the Board a Representa-
tion from the Lords Comm'^ of Trade and Plantations,
dated the 5''' of this Instant in the Words following
viz!
''M"^ Burnet Your Maj^'^ Gov:' of New Jersey hav-
" ing informed Us that there are two Vacancies in the
'• Councill of New Jersey by the Death of M' Gordon
"in the Eastern Division, and by the constant Ab-
"seiiceand incapacity of M' Byerly in the Western
"Division; We humbly take Leave to Recommend
"James Alexander and James Smith Esq" to Supply
1722] ADMIN-ISTRATION OF GOVERNOH RIKNl'-T. 53
' ' the said Vacancies, being Persons every way Quali-
"fyed to Serve your Majesty in that Station.
His Majesty in Councill taking the Same into Con-
sideration, Is pleased to Approve thereof, and to
Order, as it is hereby Ordered, that the said James
Alexander, and James Smith Esq? Be Constituted
and Appointed Members of his Majestys said Councill
of New Jersey, to supply the said Vacancies: — And
the Right Hono^l^ the Lord Carteret, One of his Maj'f
principall Secretary s of State is to prepare the usuall
Warrant or Warrants for his Majestys Royall Signa-
ture accordingly
A true Copy
Robert Hales.
Governor Barnet to the Lords of Trade — transmitting
sundry Acts of the Neiu Jersey Assembly .
IFrom p. R. O. B. T., New Jersey, Vol. UI, E. 14.J
Letter from Mf Burnet Govr of ISTew Jersey
with Observations upon Six Acts passYI
there May 5*1^ 1722.
New York Oct 'd^ 1722
My Lords
I now send your Lordships the acts which were
passed in the last meeting of the Assembly of New
Jersey, which are six in number, engrossed on parch-
ment & under the great seal of that province.
1 the first is an act for the support of Government
for five years, which is formed in the same manner
with those passed in Brigadier Hunters time except
as to the term w^iich was then usually for two years
only, & once for three.
2 the second is an act for the security of His Maj -
estvs Government: which was made to ascertain the
54 ADMINISTRATION OF GOVERNOR BURNET. [1722
manner of tendring the oaths enacted by parhament
to all suspected persons m New Jersey. It particularly
recites the dangerous consequences of disaffected per-
sons intermedling with the framing of Laws and clan-
destinely conveying such draughts so as to have them
brought in to the council or Assembly. & It orders
such delinquents to be forthwith proceeded against ac-
cording to Law.
This act was such a blow to the Jacobite party
there, that tho I have not yet made any use of it they
are become very modest and humble, & I expect httle
trouble from them for the future, I need not repeat
the occasion of passing this act of which I have already
inforni'd your Lordships fully in my letters of the
25"' May & 17"' June last.
0 The third is an act for regulating the Militia, iii
order to settle the times c»f their meeting to be exer-
cised & the penalties of the defaulters which is almost
on the same foot it- was in Brigadeer Hunters tho'
rather stricter.
■1 The fourth is an act that is intended to prevent the
MultipMcity of Law suits which was vehemently
pressed by the Assembly, and does not seem attended
with any ill Consequences.
5 The fifth is an act to prevent the Killing of Deer.
6 & the last is- a private Act
1 should have sent your Lordships these acts sooner
had it not been for my long stay at Albany where I
have met the Indians in company with the Governours
of Virginia and pensylvania, & ended every thing to
our satisfaction But could not come away till the end
of last month.
Captain Holland has since my i-eturn hither deliv-
ered me your Lordships most obiging letter of ihe 6f
June last, which contains so many instances of your
Lordships favourable sentiments of my proceeding;
that I can never sufficiently express my thankfulness
1722] ADMINISTRATION OF GOVERNOR BURNET. 55
for them, & shall endeavour to deserve their continu-
ance to the utmost of my power.
The sudden departure of this conveyance with the
application necessary to the affairs of the assembly
now sitting, obhges me to defer the account of our
transactions at Albany to my next.
I send your Lordships the prop: of the Indians in
Nanfans' time at length, it is a plain claim not only
as far as Niagara, but to the detroit called by them
Frughsaghrondie, which lyes between the Lakes Erie
& Huron.
I am with great respect, My Lord
your Lordships most dutifuU & most obedient
humble servant
W. Burnet.
Letter from James Alexander to Ex-Governor Robert
Hunter.
[From Original Draft in "Rutherfurd CoUection." Vol. IV, p. 15.]»
Honoured Sir
I had the honour of Yours of August 8"' & Aug' 10"'
by M' Hamilton. I wish it had been in my Power to
remitt Your money to greater advantage for You then
the way I have done but I assure You it w^as not. And
that other good bills in Yoi"k could not be had under
70 & 75 which I hear Sum have Paid, but this rise of
Exchange both M'- Haskel and I can assure you is not
So Suddain a thing for it was at Sixty & Sixty -five
before you left this Province and we both Dare charge
our memories So far that you have had Sixty for Your
bills and I think it was at that rate that Coll° Depeyster
• The origiual draft is in Mr. Alexander's hand-writing, but without date. It was
probably written in the Autumn of 1732.— Ed.
50 ADMlXlS'l'HATlUX OF (U)VE1;X()U lUllXET. [1722
drew upon You for jmynieut of the forces and that at
the same time Your bills with a Litle pains might
have brought Sixty five which was an argument I
used with M'"^ DePeyster against allowing Commis-
sions. You very well know Sir that bills are Pretty
hard to be gott in New York and the Governor de-
clared he could not Draw at that time under Six
months Sight and to have Stayed for Your Special
Directions for remitting would have made the remedy
worse then the disease. Therefore I was oblidged &
M'.' Haskell & I thought it most Prudent and certain to
take them from the Governour as wee Could get them;
I begg if You can think of any More advantagious
AA'-ay to Conmiand rae in it for there's nothing I shall
do more ChearfuUy then obeying Your Commands.
I am very much concerned that it should have been
insinuated to You that Divisions in these Provinces
Increase for I can with a great deal of truth and
Pleasure assure You tliat I know not nor have heard
of a time wherein has a])peared more animity good
Ukeing & Content then has in these Provinces for
almost this Year Past And that ever Since the Gover-
nours arrivall in New York he has had no Extraor-
dinary opposition or Difference there nor any other
but the Same with the Same folks & for the Same
reasons which You had and that opposition is So very
much Disminished that that Party can Scarcely cany
four Votes in the Assemljly Even with the addition of
M'." Philipse to that body wherefor you may Easily
guess how groundless that Suggestion is as to New
York which is the Chief Matter.
And as to my Sincere Sentiments about the Jersey
Difference which You're Pleased to Desire I am Sorry
to tell You they're that Doctor Jolmston is not So
clear in that mattei- as he Declares & that would he
have had no hand in them there would have been none
and what have been have only tended the more to
c; ^
1722] AUMINISTKATIOX OK (U)V HKXUH lUUNET. 51
Instill an affection to the Grovernour amongst the Peo-
ple and a Dislike to most of that his first Assembly &
their and abettors what So grossly abused
him.
It would take some Sheets to write at Length my
reasons for this opinion which would be but trouble-
some to you to read I shall therefore Confine my Self
to a few hurts [hintsd of the reasons.
You know the Doctors temper and the Inclination
to direct & if this could to you Appear how much
more to one whom he lookt on as one that ought to be
his Pupill.
The Doctor (by George willocks I believe) has been
Drawn in to be owner with Willox of Diverse Large
tracts of Land in Jersey under the name of the tenth
Part of their number of acres which tell of Late Years
never appeared tho often Suggested Particularly one
on the North Branch of Rai'iton which Contains thirty
thousand Acres of Valuable Land under the name of
ihree thousand one hundred & fifty Acres & it ap-
])eared that about the time of the Date of the Patent
for that Tract that Diverse Patents had been Delivered
blank by the Gover!" to his friends to Some more Some
fewer of which blank Patents Effingham Townley
Shewed one to hundreds of People which he found
amongst his fathers Papers and John Barely ac-
knowledged to have had Seven & that he had got the
Lands filled up in them According to the Directions
the Governour gave him and he Declared (and I verily
beleive him) that he never made an 111 use of them
whatever other people had done. To Salve this matter
before it came out the[yj Endeavoia-ed to have a Char-
ter of incorporation from You vesting the whole Lands
& Priviledges granted by the Duke of York to the
Proprietors in that corporation which was Drawn in
Such a manner as the Proprietors Liveing in and about
Amboy would have been Sure to have been the Offi-
58 ADMINISTRATION" OF GOVERNOR BURNET. [l?;;3
cers of the Corporation and had the Disposal of all
the Lands and that without any obligation (even So
much as that of an oath) to Do Justly or Render an
Account this got and an Act of Assembly Confirming
it would have Effectually Secured what Lands they
had before got and in reality given them all the rest.
The Docter and his friends bent on the Scheme &
Presumeing upon his influence with the Governour &
assembly went to Burlington to the Assembly mth
the Governour Entertaining him Very much with
his power over the Assembly how he has Defeated
Governours with their assemblys how he had gained
them their Ends when they apply ed Sc Nameing
Instances in the time of Lord Loveless and Ingoldsby
and telling him of his Power over Such and Such
members of the then Present Assembly but all this
time had not (I beleive) talkt one word of Charter
or Act to the Governour nor did not tell the Second
Day (I think) that they were at Burlington, when
the Governour and they were at Dinner at M^ Basses.
Tlje Docter Publickly at Table Said that this assembly
we must have an incorporation of the Proprietors
& • an act to Confirm if, whether it was that the
Governour Did not receive this So well as wished
or what Else could be the occasion I know not but
Some Little Dryness Soon Insued & Isaac Sharp whom
the Docter had Promised for (tho when he came up to
Burlington he had Sent his horses home) was for Dis-
olving the Assembly & going home Immediately &
headed fourteen of the Assembly for that Purpose
(Severall others of which the Docter had also prom-
iss'd for) in Pretence that it w^as the Priviledge of the
Country to have a New assembly with a New Gover-
nour and Diverse of these frankl}^ told that the Doc-
ter had given them Privately his opinion So, which
whether they S'' True or not I cannot tell but it Soon
Created a greater Suspicion together with this that the
1722] ADMTXISTRATIOX OF GOVERXOR BUKNF.T. 59
Docters friends in the Council who were a phu'aUty
did not Seem hearty in any of the Governours meas-
ures.
The Governor afterwards Suspected that the Stiff-
ness of the Assembly in Sticking to not above two
Years Support might be occasioned by the Doctor and
his friends whether it was or not I cannot tell but
Severals of them in Argument with the Governour
frankly acknowledged it was their opinion that it was
not prudent in an Assembly to give more & that the
Governour ought to be Dependant on the people which
he could not bee, had he along Support. All this time
the Docter and his friends were most conversant with
Isaac Sharp and his People in Pretence it was to gain
him & them over (tho the Governour had taken all the
Commisions from him at the Beginning) which Pre-
tence (considering the Success) could not go Down
with the Governour for a truth when he told and
Prest it to them that the Contrary measures was the
only way to do with Sharp & their measure the way
to uphold Countenance & Confirm him in his obstinacy
by and by news came that M'" Willocks was comeing
to Burlington whereupon the Midlesex Members told
the Govi'n- that he would put the assembly mad if lie
got amongst them and that you have (Particularly at
Crosswiks Desu^ed his absence from an Assembly
whereupon the Governour told the Docter if
he had any regard for his friend M^ Willocks that he
should Send to meet him to Desire him not to come
the Docter promised it and Sent But M- Willox forth-
with came to Burlington very much affronted that the
Govern-' Should Presume to desire his absence and gave
his tongue Liberty to talk openly against the Gover-
nour & to tax all his Conduct Some Part in my hear-
ing & for Several Days Isaac Sharp and his folks were
very conversant at his Lodging till one night in Com-
pany with Coll? Morris & Diverse other at the Tavern
60 ADMINISTKATIOlSr OF GOVERNOR BURNET. [1722
he was pleased to tell Coll? Morris that in three Days
time he could over Sett the Govern our whereupon
Coll? Morris at first threatened to Send him to goal but
afterwards told him to get him gone next day by ten
aClock, or Else he certainly Should. The next Day
M- Willox was brave and would not goe wherefore the
Governour about Twelve Sent a Warrant for him & had
him bound over which all Still raised the Governours
Suspicion of the Docter & his friends. The Governour
finding the Last address that that Assembly made to
be a Little Different in Stile from the rest did Sus-
pect one of the Docters friends for the Drawer of it
whom he Plainly askt the question of whether he had
not helped them in it and he frankly acknowledged
that he had given William Lawrence a draught of
one but that the Assembly had So altered it he could
not know it to be his and Severall times threatned to
get that Draught to Show to the Govern'.' but to this
Day has not as I believe. Soon after that the Gover-
nour moved the Assembly to Amboy to See what they
would Do there but there they were Turning worse
and worse Continually Conversant at Willoxs and the
Doctors & were making up a remonstrance where
upon they were Disolved.
All this time the Governor made no open breach
with the Docter but Could not think him his friend
tho the Docter all that time gave the utmost protesta-
tions of Service & friendship & Yet was Seen to take
his leave affectionately of Isaac Sharp at the Desolu-
tion of the Assembly & Isaac was heard to Promise
him that for the next Assembly he Should either come
himself, member for Salem or could Send as good a
man in his Room.
In the fall the Govern'.' C.ame Down to Amboy to
Issue writts for a New Assembly at which time the
Governour desired it as a favour of the Docter that he
would not medle himself in the Elections & particu-
I722l \nMTXISTl!ATI()N OK (JOVRHXOH BURXKT. 6l
larly that he would not oppose M- Eiers iV Harrison
for Am boy who had Been his first friends all the Last
Assembly which last I heard him Promise faithfully
not to doe but the Docter & M' Willox were very dili-
gent in vesting the Hartshornes Lawrences Ogden &
Bunell & others Yours and the Govern"".^ Enemies
Still with the Pretence for the Governours Service
And Will<^x & Andrew Johnston the Docters Son ap-
peared at Essex and voted for the Last mentioned
against the Persons the Govern" friends had Sett up
& immediately upon the back of that Sends the Doc-
ter a Letter to the Governour telling him he Designd
for his Excellencys Service to Set up for Amboy which
double dealing the Governour could no Longer bear
but frankly taxes him (by a Letter in Answer) with all
his Double Dealing with the Breach of his honour and
Promise by opposing the Amboy members & told him
that if he presisted in that resolution he would Look
upon him as the head of the Party that has all along-
opposed him and that if he was chosen & could Serve
him he would Slight his Services then began the Doc-
ter to do that openly which formerly he was Suspected
of and in a day or two after the receipt of that Letter
came up to York where for Severall days he was car-
ressed by and those of that Partys for
Severall days, every day dineing & Supping at one or
other of their houses or at -a tavern with them, all
which time he came not near the Govern' on the Elec-
tion day the Governor had Sent down some of his
friends in his Schooner to See how the Election would
goe & if Possible to gett Eirs & Harrison Chosen & to
convince the Docter & all the world that if he was
Chosen it was in opposition, but the Docter had taken
So much pains Privatly to be chosen that he had there
above three hundred freeholders most of which out of
Monmouth Somerset & Hunterdon to Whom him and
his friends had given Small lotts of Land in Amboy.
62 ADMINISTRATION OF GOVERNOR BURNET. [172:2
It happened that Day that the writt of Election was
got away from the Marshall of Amboy who thought
it Proper to get after his writt which Stopt the Elec-
tion for that time. His Excellency was very sorry for
this Accident and checked the Marshall for Carelessness
of his writt and forthwith ordered new and Due no-
tice that there might be a fair Election which accord-
ingly was had & the Docter and Andrew Radford
chosen'
The Docter was Chosen Speaker almost unanimously
and began to play his old game of Protestations of
Services but that had not Long gon on before Ogden
& Bunell & Some others whom he thought fast friends
Left him & Declared that abhorrence of him to the
Govern!' for his Double dealing and all his intruges
with them which with the Govern'.^ own fast friends
made him Strong enough to have carried almost every
thing he pleased Last Assembly all the time Slighting
the Docter the Latter part of the time of the assembly
going very Smooth & fairly turning the Canon upon
the Docter in every of his Projects — at first the Docter
had gott a bill past the assembly concerning the Trinity
& the holy Scriptures worded in Such a manner that
the Popes Inquisition would have been but a fool to it
this was rejected & in its place was past the act for
takeing the oaths to the Government — another Act
that Such persons that held offices of Profit & trust
Should give Such & Such Security for the due Per-
formance of their office worded in Such a manner that
the King or Gov'? appointment of Officers would have
been but of Little force. — Another Act was Past there
Concerning Sherriffs all which were rejected by the
Councill, Also another concerning Surveys which tho
it could not have Secured to them their vast tracts yet
1 This was the eighth Assembly, 17il-172'J. The records at Trenton make Samuel
Leonard, the member with Johnston, instead of Radford.— Ed.
1722] ADMINISTKATIOSf OF GOVKRNOR JJURXET. (j'.i
would have Secured to the Doctor about Twelve
thousand acres but was amended & Past by the Coun-
cil So as that it will bring him & M' Willocks to do
Justice concerning their Exorbitant tracts as before is
mentioned & had the Assembly but Sett a Little
Longer I believe it would have been infallibly Past by
them as amended which bill is what the Docter & his
friends have dreaded & rather then it Should be past
it is their intrest that no assembly Should ever agree
to pass any bill — And in as good friend Ship with the
GovV as possible Could be did the Assembly go home
upon an adjouriim' after giveing him the usall Support
for five Years & Since that time I beleive never was
less division or disquiet in Jersey. —
From all which You can Judge how true that Sug-
gestion is that our divisions Increase & whether Docter
Johnston can with a Safe conscience Say he had no
hand in them, well may he renounce all hand in them
for what he had has tended mucli to his dishonour &
hurt to the ruining his Intrest which before I must say
was not Small I am only heartily Sony that a Gen-
tleman for whom you had a regard Should have been
so unfortunate as to fall in with Willox in these Large
tracts and the better to keep them on failing of their
first Scheme Should almost Lye under a Necessity of
Stopping the agreem- of any Assembly for fear of
f orceing him & his friends to do Justice. * "" '• "
I'm afraid I have very much trespassed upon Your
patience in this long & but unpleasant detail however
I hope Youl pardon it because Your Commands have
Led me into it & tho I resolved brevity Yet I could
not get Sooner out of it.
* « * -X- * -A- -X- * *
Youl* Most obedient & most
Oblidged humble Serv^
(i4 ADMlXISTRATIOIsf OF GOVERlSfOR BURNET. [172;'>
Governor Burnet to Lord Carteret — relating to Gold
and Silver Mines in New Jersey.
I From P. R. O. B. T. New Jersey, Vol. Ill, E. 11.|
Extract of a Letter from GoV; Burnet to the E*
Hon^?^ the Lord Carteret, dated New York
12*^ Dec^ 1722. [rec^ with My U' Carteret'8
Letter of 12**^ Feb'"^' 1722-3]
It is confidently reported, that Silver & even Gold
Mines are to be found in New Jersey. But there must
be a great Allowance made for the humour that now
prevails to run a Minehunting, &as I have yet nothing
but very suspicious accounts of such Discoveries of
Eoyal Mines, I cannot pretend to give any opinion yet
about the truth of them.
But I am inform 'd that several persons have posi-
tively declared, that if they could be certain in whom
the Title lay, & that they should have a reasonable
share of them, they would make the discovery, &
never otherwise.
These Discourses have made me enquire into the
Grants relating to New Jersey; & what I find upon
looking into the Records is,
That K. Charles the 2? granted to the Duke of York
all that Tract of Land from S- Croix, ( w*^'' is a small
River in Acadie or Nova Scotia) to Delaware Bay,
within which Bounds New Jersey is included,
" Together with all the Lands, Islands, Soils, Rivers,
' ' Harbours, Mines, Minerals, Quarries, Woods,
" Marshes, Waters, Lakes, Fishing, Hawking, Hunt
"ing, & Fowling, & all other Royaltys, Profits, Com-
'' modities & Hereditaments to the s'' several Islands,
173'] ADMIMSTHATION OF GOVERXOR BUKXKT. 65
"Lands & premises belonging & appertaining, with
"their & every of their Appurtenances, & all our
"Estate, Right, Title, Interest, Benefit, & Advantage,
" Claim & Demand of, in, or to the s? Lands or pi-em-
"ises, or any part or parcel thereof, & the Reversion
"& Reversions Remainder, & Remainders, together
"with the Yearly & other Rents, Revenues & profits
"of the premises & of every part & parcel thereof.
The Duke of York granted New Jersey in like man-
ner to the L^' Berkeley & S'; Geo: Carteret under w^hom
the present proprietors claim.
There are in the Records of the Proprietors a great
many Patents to be found, by which the first Gov? &
some of the succeeding Gov? of the proprietors have,
together with the Lands, granted aU Silver & Gold
Mines, reserving some times one, some times another
certain share of them to the Proprietors.
And as the former Proprietors of New Jersey
thought themselves intitled to the Silver & Gold Mines,
so do the present Proprietors, notwithstanding that
these Mines were not particularly named in the Grant
from K. Charles to the Duke of York, the chief rea-
sons they give for their Claim are,
1. Because these Words "All Mines Minerals &c': &
" all other Royaltys & all our Estate &c': as they were
in a Grant from the King to his Brother must be
understood to give Silver & Gold Mines, for it could
not be thought he intended to reserve them, since the
same King in his Grant of Pensylvania & other of the
neighbouring Provinces granted all Gold & Silver
Mines, reserving one fifth. But it must be supposed
that he intended to grant them entirely to his Brother
without any reserve of any share, else he favoured
Strangers to his Blood more than his Brother, the con-
trary of which is well known.
:>^}^' Because say they, the Province of New Jersey
at the time of that Grant was almost entirely in the
5
66 ADMINISTKATION Of GOVERNOR BURNET, [1723
peaceable possession of the Indians, independant of the
Crown of England, or any other whatsoever, & these
Indians alone were intitled to the Lands &c1 and Silver
& Gold Mines in them, & by the Laws of all Nations
the K. of Great Britain had not then, or could not
claim or grant any thing in or of New Jersey, but the
liberty to treat with the Owners thereof, w';'' must at
least be intended to be fully given by that GrL,nt to
the Duke of York. And further it could not operate
than to grant what the King had. And after the pur-
chase of aU the Lands of the Indians, the purchasers
became vested with all that the Indians had to sell, in
which the Gold & Silver Mines were included.
These are the chief reasons I have heard given for
the Pi'oprietors Right to the Gold & Silver Mines,
without acknow^ledging any Reservation still vested in
the Crown.
But the generality of People are so uncertain
whether this Claim of the Proprietors is weU grounded
or not, & the opinion of Lawyers here so various, that
the discoverers of Mines don't know how to secure
themselves of a certain Share, in consideration of their
Discovery, & till it shall be known what Claim the
Crown may have, or how far the Proprietors are in-
vested with the Right to those Royal Mines, the whole
matter is likely to stand still & remain a Secret, tho'
there should be a Reality in the common Report.
If therefore this Question could be resolved by His
Ma^Y Council learned in the Law
What Right & Title is remaining to His MaV in the
Gold & Silver Mines, if such there be in New^ Jersey,
and how far the piesent Proi:)rietors have the Right in
the s-' Mines, according to the several Grants, all upon
Record in Great Britain.
Y'; Lo'.' may then possibly take into your Considera-
tion what Orders it may be proper to obtain from His
MaV to his Government of New Jersey, & what Claim
1723J ADMIN ISTUATIOX OF GOVERNOR lURNET. 67
is to be made in His Ma*!'* Name, if any such Mines
are found, or if the Royal Mines are thought to be
still entirely vested in the Crown, what Encourage-
ment His MaV will order to be given to the Discoverers.
Letter from the Council of Proprietors of the Western
Division of New Jersey to James Alexander.
[From Papers of Janses Alexander, Surveyor General, in Rutberfurd Collection.]
Burlington May 9*^ 1723
Sir,
I am Directed by the Council of proprietors to Noti-
fy Their Continuance of you as Surveyor Generall
They being well asured of your Integrity ability, &
Reddy Concurance with their orders in Such Maters
as appertaine to the Duty of your office They have
Likewise ordered Mee to advise you that the Councill
have appointed to Meet in This Town y^ Tenth day of
June next on Some very Extroardinary affairs at which
time & place They very Earnestly Request your Com-
pany & attendance. In The Mean time For Many &
urgent Reasons — which you'? undei'stand at their next
Meeting), you are Desired not to Contribute to or assist
the Managers or Commissioners of Either Devision in
Running & ascertaining the new Line Designed to be
Run and afixed by them, Till you have Mett with
Discoursed And Received furthe]- Instructions from
this Councell here
You Are Moreover Desired by the Councill to bring
with you Such papers & Drafts as are in your Custody
or Can be Readely procured by you in Relation to y'"
fixing the north partition point And other Matters
Concerning the Runing of the P? Line And if the
Managers urge or Insist on y'' Runing of the Same be-
fore the Tenth of June next or to your Kuowiedge are
68 ADMINISTRATION OF GOVERNOE BURNET. [1723
Taking Any Measures in order Thereto please to In-
form the President M' Cox Thereof in a Leter Directed
to him at M' Bustills in Burlington.
Howsoever the Councell Desire you would by the
first post Inform the president whether you Can at-
tend y*" time appointed your Complyance in which is
of very Great Consequence to the proprietors of this
De vision And will very Much increase y'^ Esteem they
have Already Entertained of you
I Am With Much Eespect your Servant
TiLAN Leeds Clark
By order of the Councell To James Alexander Esqr
in New York These
Memorial of Merchants and others to the Lords of
Trade — relating to proper improvements in the
production of Naval Stores in the colonies.
[From r. R. O. B T,, Plantations General, No. «, L. 11.]
To the Eight Hon^: '' the Lords Commiss';'' for
Trade & Plantations.
The Memoriall of the Merchants & others Trading
to his Maf" Plantations in America.
Sheweth
That by an Act past last Sessions of Parliament for
a farther Encouragement for the Importation of Na-
vall Stores from the plantations a Liberty is given to
Import Hemp, Plank Deals Sparrs & all Sorts of Lum-
ber, Duty free, And a Direction that no Pra^mium be
paid for Tarr, after the 24"' Sep!' 1724 unless it be made
From Trees prepared as the said Act describes.
That the Inhabitants of his Maj'" Plantations of New
England, New York, the Jerseys &c are very Little if
at all acquainted with the proper Methods of Sowing
or Curing Hemp, or of preparing Trees For making
1723] ADMIXISTRATION OF ftOVERNOU BURNET. GO
TaiT Fitt For Cordage Farther than From the Direc-
tions given in the said Act.
Tliat the Pra?miuni on Tarr Imported From the Plan-
tations ceasing in Sep'' 1 724- as aforesaid tis not proh-
able the Inhal^itants will prepare any Trees this Spring-
knowing the Praemium granted by the present Act
will not be allowVI unless the Tarr be made in the
Manner therein prescribd to which they are almost en-
tirely Strangers; And as these Trees after they arepre-
par'd ought to stand two Years before they are Fitt
For making Tarr, None can be Expected From the
Plantations if the Inhabitants be not Forthwith In-
structed in this New Method. Nor will any hemp be
raised there, tho' the Duty upon it, is now taken off
& that there are many thousand Acres Fitt For the
Produce of that Commodity, the Inhabitants being-
Ignorant of the Method of Sowing & Curing it.
That your Memorialists are desirous to promote, and
Carry on this Trade, whereby the Navigation of that
Kingdom will be encreas'd, & the Royall Navy as well
as the Nation in General be Supply'd with Naval
Stores From our own Plantations, which are now Im-
ported from Forreign Parts.
That they conceiving this Act will be ineffectual For
the reasons above mention'd, humbly propose some per-
son well Skilled in Raising & Manufacturing the severall
Speices of Navall Stores, And who is well acquainted
with those Countrys may be Forthwith appointed with
sufficient power to Instruct the Inhabitants & Con-
duct this Affair, which is of the greatest Consequence
to his Maj-" Dominions both here & in the Planta-
tions.
All which We submit to your Lordships Serious
Consideration
[Rec'' May 2-1-*'' 1 723] [Signed by twenty individuals]
70 ADMINlSTRATtOlSr OF GOVERNOR BURNET. [1733
From the Lords of Trade to Governor Burnet.
[From New York Col. Docts., Vol. V, p. GOV.]
To W" Burnet Esq: Gov'" of New York
Sir, [Extracts.]
****** According to your desire we recommended
Abra: Van Horn and W'" Provost to supercede M'
Abra: De Peyster and John Johnston' in his Maj^'"
Council of New York and the said Abra: V. Horn &
W'" Provost have been appointed Councillors accord-
• 1 Ai. ,V'. 4i AL Ji Ji 41 A!. J!A
mgly. " " -^ v=- * " 'v -.
The several Acts passed in New Yoi*k and in the
Jerseys which you have transmitted to us, lye now
before M' West for his opinion thereupon in point of
law And when we have his report thereupon we shall
take them into our consideration.
In your letter to us relating to the Government of
the Jerseys You give us an account of an attempt to
distroy y^ Sec""^'^ right which was prevented by you
wherein We approve of your conduct, it being agrea-
ble to your instructions on all Just and reasonable
occasions to grant your countenance and protection to
persons holding their employments by Patents from
the Crown.
' Grovernor Burnet had married a daughter of Mr. Van Home, and, under date of
June 17th, 1722. when nominating the successors to hira and John Johnston, he said
of the latter: " He has without any leave obtained imder the Hand and Seal of any
Governor or president, now resided for above two years last past in New Jersey &
has had his whole family so long established & settled there and has no thoughts of
returning to tliis province & who is besides all this the very person who has
fomented all the mischief in conjunction with Willow [Willoeks] the Jacobite."
Mr. or Dr. Jolin Johnstone was one of the passengers on board the "Mary&
Francis," that came to New Jersey in 163.5, under the auspices of George Scot,
wliose daughter Dr. Johnston married. Perth Amboy became his ijermanent resi-
dence and he died there September 7th, 1732, highly respected.— See Whitehead's
Amboy, pp. G8-71 . — Ed.
1733] ADMIIS'ISTTIATION OF OOYERXOR BURNET. 71
We have recomniended James Smith and James
Alexander Esq""' to succeed M' Gordon' and M' Byerly
in the Council of the Jerseys and his Majesty has heen
pleased to approve of them. So We bid you heartily
farewell, and are
Your very loving friends & humble Servants
Westmorland
J. Chetwynd
Whitehall July 9, 1728. T. Pelham
M. Bladen
Additional Insfruction from the Lords Justices to
Governor Burnet — not to approve of private acts
without puhlic notification of the parties.
I From Original in N. J. Historical Society Library. 1
By the Loeds Justices
W. Cant, — Macclesfield C Additional In-
Grapton — Roxburgh struction for Wil-
Cadogan — R Walpole liam Burnet Esq""
Carleton p. Captain General
*— ■— * and Governor in
j i^- s. ■ Chief in and over
*— ^— * His Majesty's Prov-
ince of Nova Csesarea or New Jersey in
America, or to the Commander in Chief of His
Majesty's said Province for the time being.
Given at Wliitehah the 23;^ Day of July 1728 in
the Ninth Year of His Maj*?"' Reign
We do hereby in His Majesty's Name, direct and
require that You do not give Your Assent to any
'Mr. Gordon died April aSth. 1~2-.'.
72 ADMI]SriSTRATIO]Sr OF GOVERNOR BURNET. [1723
Private Act until Proof be made before you in Council
(and entered in the Council Books) that Publick Noti-
fication v^as made of the Party's 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 further you are to take Care,
that for the future you do not pass any Private Act
without a Clause inserted therein, suspending the
Execution of such Act, until His Majesty's Royal
Approbation shall be had thereof.
Attorney GeneraVs Report to the Lords of Trade — on
proposed alterations in the constitution of the New
Jersey Assembly.
rFrom P. R. O. B. T. New Jersey. Vol. Ill, E 15,]
To the Right Hono'ble the Lords Coniniission-
ers for Trade and Plantations.
May it please your Lordships,
In humble obedience to your Lordships Commands
Signifyed to me by M- Popple by his Letter dated the
14^.'' day of June 1722; that I should Send your Lord-
ships my opinion, Whether His Majesty may Legally
alter the present Constitution of the Assembly in New
Jersey, in such manner as M'' Burnett His Majesty's
Governour there says in his Letter would be for His
Majesty's Service, and in what manner it might be
most properly done, (for which purpose the Extract of
M!' Burnetts letter, and His printed Speech to the As-
sembly, in which is Sett out a true Coppy of His In-
struction, And the Printed Acts of that Cbllony were
sent to me and are herewith sent back to your Lord-
ships) I have read over the said Extract of M- Burnetts
letter. His speech, and the Act of Assembly supposed
1723] ADMrXISTRAfroX OF GOVERl^OU BURNET. 73
to have been pass'd in Lord Lovelaces's time in New
Jersey — page 5. Intitled an Act for Regulating the
Qualification of Eepresentatives to serve in the General
Assembly in the Province of New Jersey — and (Con-
sidered thereof.
And I Certify your Lordships, [tliat as the Right of
sending Representatives to the Assembly, & the Quali-
fication of the Elector and Elected (for anything ap-
pearing to me) were founded Originally on the Instruc-
tions given by the Crown to the Governour of New
Jersey, and as is observed by M- Burnett has ah-eady
received alterations by different Instructions given in
Lord Cornburys time, and the Election, which before
was left in all the Freeholders of East and West Jer-
sey respectively to Chose 12: Representatives, was
altered and fixed in the Method now Established, as
those new Instructions given in Lord Corbury's time
made the Alteration which at present is in force, so I
am of opinion by the Same Reason by New Instructions
to be given by His Majesty, His Majesty may lawfully
make such new Establishments as to the Electing, and
sending Representatives to the Assembly, as M- Bur-
nett in his Letter desires, and Indeed the reasons used
by Ml' Burnett in favor of such an Alteration Seems to
me to have a great weight. — But if there had been
any Act of Assembly passed & approved by His Maj-
esty, whereby the Manner of Chosing Rep'sentatives
and the Qualifications had been fixed, that would have
had a different effect, but nothing of that nature a])-
pears to me, for as to the Act said to be passed by
Lord Lovelace, it being an Act contrary to the Instruc-
tions, and never approved by the Crown, seems to me
voyd; which MI" Burnett has observed in his Letter —
Therefore upon the whole matter, I apprehend His
Majesty may in point of Law Comply with M- Bur-
netts request in Impowering the the new County of
Hunterdon to Send 2: Representatives, — & Restrain
74 AimiNISTRATIOX OF GOVERXOR BURNET. [1T23
the Town of Salem from sending any Representatives
for the future, If it shall be His Royal Pleasure so to
do, and the Manner whereby it may be done, I conceive
it may be by His Majesty's sending- His Governour
there new Instructions for that purpose.
AU which is humbly Submitted to your Lordshp's
great Wisdom.
7'^.«^ 16: 172H Rob: Raymond.
Opinion of the Attorney General and Solicitor Gen-
eral as to the ownership of Gold and Silver Mines
in Neiv Jersey.
[From p. R. O. B. T.. New Jersey, Vol. III. E 18.]
To the Right Hono'ble the Lords Commissioners
of Trade and Plantations.
May it please your Lordships
In Obedience to your Lordships Commands Signi-
fyed to us by Ml' Popple and Requiring us to Consider
the Annexed Extract of a Letter from W. Burnet Gov-
ernour of New Jersey Dated the Twelfth day of De-
cember One Thousand Seven Hundred and Twenty
Two in Relation to Gold and Silver Mines said to be
found there. And to Report Our Opinion in point of
Law what Right and Title is Remaining to His Majes-
ty in the said Gold and Silver Mines, and how far the
present Proprietors have the Right in the said Mines
according to their Severall Grants, We have Consid-
ered the Case as Stated in the said Extract of the Let-
ter Transmitted to us, and have looked into the Chai--
ter Granted to the Proprietors of New Jersey, And
doe Certifye your Lordships that we are of Opinion
that by the said Charter only the Base Mines within
that Province passed to the Grantees, and that the
words of the Grant are not Sufficient to carry Royal
17:23] ADMIXISTRATIOX OF GOVEKNOR BtJRNET. 75
Mines, the property whereof Still Remains in the
Crown notwithstanding anything that has appeared to
us: But we begg leave to inform your Lordships that
we have not heard the Proprietors or any Person on
their behalf upon the Subject matter of this Reference
not being Directed by your Lordships soe to doe.
All which is Submitted to youi' Lordships Judgment
Rob: Raymond
P: YORKE
Novr 80, 1728.
Letter from Governor Burnet to the Lords of Trade.
(From N. Y. Coi. Docts., Vol. V. p. 700. |
New York 16 Dec 1723
My Lords [Extract.]
******* J ^j^-j j^Q^. J^g|^ return'' hither from
holding an Assembly in New Jersey where I have
obtained a fund of one thousand pounds per annum,
for ten years, for an additional support of Government,
besides about ♦>()0(J pounds more which will be due to
the publick at the end of ten years and is to be applyed
to the support of Government, when it comes in, it is
true that by this Act there is more care taken for the
time to come than the present, for the deficiency s of
the present support of Government have obliged us to
anticipate upon the four first years of the Tax of
£1,000 P" Annum
This provision for the support of Government arose
from the violent Bent of the whole body of the People
to have paper money which by my late Instruction can
only be made in Acts for the suppoi-t of Government
Now as New Jersey has little or no foreign Trade, but
only with the two neighboui'ing Colonies of New York
in ' ADMINISTRATtOISr Of GOVEllKOR BIJRNET, (iTZS
and Pensylvania which have both paper money — The
people of New Jersey can get nothmg from these
Provinces but the Paper Bills for their Produce and
yet these are not a legal Tender in Taxes or Debts
between man & man in Jersey and so they really had
nothing to pay them in and were under a necessity of
making Paper Bills of their own, which are indeed on
the best foot of any in America and are all to be sunk
in ten years time.
As I cannot at present get the acts of New Jersey
engrossed and printed soon enough to transmit to your
Lordships, I will not trouble your Lordships with the
particulars till the Spring I shall only add by way of
instance of the success of such currency, that the
Paper money of New York is now in as great value at
New York as the coin of Great Britain is at London
for an ounce of Spanish Peices of eight is worth but
six pence more than a paj^er Bill of eight shillings
which was struck from an ounce, and an ounce of
Spanish Silver is generally worth 3" or 4'' sterling more
than the Coin because of the benefit of exportation to
the East Indies and by this paper currency which I
humbly conceive is much securer than Bankers Bills
in London they carry on business among themselves
and send home all the Gold and Silver to great Britain
as it comes into them by trade when I apprehend to be
an advantage which Great Britain would not have so
much of if there was not paper among us. '" * * I am
My Lords your Ldps mo.
dutiful & obedient Servant
W Burnet
P. S.^I have got two addresses from the Printer to
send your Lordships, one in answer to my speech to
the Assembly in New Jersey which is printed in the
same sheet
Another to obtain a Cheif Justice on which being
printed they doubled his Salary, and so he is to go the
1723]
ADMINISTRATION OF GOVKRXOIl BUKNET.
77
circuit which the late Chief Justice M' Jamison was
neither able to go for age nor could afford to do it for
£100 Salary which was all they could be brought to
allow a cheif Justice residing in New York
The present Cheif Justice M'" William Trent' is uni-
versally beloved as your Lordships may observe by his
being chosen their Speaker and I doubt not will
answer my expectations in executing the office
[Received with the foregoing.]
To His Most Excellent Majesty
The most humble Address of the Governour
Council and Representatives of the Prov-
ince of New Jersey; In General Assembly
Met and Conven'd.
Most Gracious Sovereigti
We Your Majestys most dutifuU and loyall Subjects
the Governoui", Council and Representatives of your
was born in Scotland
and emigrated at an
early age from Inver-
ness to Philadelpliia,
where he became a
merchant. The house
occupied by him was
still standing a few
years ago, and at one
time was the residence
of William Peun and his family. Although not a lawyer by profession, his high
character for integrity, his sound sense and business qualifications raised him to
the bench of the Supreme Court of Pennsylvania and Speaker of the House of
Assembly of that Province. He first became interested in New Jersej- in 1V14,
wlien he purchased eight hundred acres of land, upon a portion of which the city of
Trenton, the capital of the State, now stands, perpetuating his name. In 1721,
having taken up his residence on this tract, lying on both sides of the Assanpink, he
was chosen to represent Burlington County in the New Jersey Assembly, and was
appointed Speaker in 17^.3, as stated in the text. He took his seat as Chief .lustice
of the Supreme Court at Burlington in 1724, succeeding David Jamison, but died
suddenly, from an attack of apoplexy, on December 2oth following, universally
beloved and lamented.— Field's Provincial Courts, pp. 105, 106. Watson's Annals of
Philadelphia, Vol. I, p. 165. Barber & Howe's N. J. Hist. Collections, p. ~'8'i
Raum's Trenton, p. 71.— Ed.
78 ADMIXISTRA^TION OF GOVEKNOK BURNET. [1723
Majestys Province of New Jersey in General Assem-
bly met and Convened, Do with hearts full of Joy and
Impatience to express it, lay hold on this first oppor-
tunity to Congratulate, Your Most Excellent Majesty
on the timely discovery and providential disappoint-
ment of that most wicked and detestable Conspiracy,
lately carried on against Your most sacred Person and
Eoyal family.
If we have not the honour to be among the first in
humbly addressing Your Majesty on this joyful occa-
sion, we have the Satisfaction to remember that at the
time when these traiterous designs were forming in
Great Britain, this Province gave a singular instance
of loyalty and zeal for the security of Your Majestys
Government, by passing a Law to nrevent disaffected
persons from propagating their pernicious principles
among us.
If the flattering expectations given by the Conspir-
ators in Great Britain did then encourage a few of
their faction to intermeddle clandestinely in our pub-
lick affairs. They found us prepared with Attention
to detect, and Eesolution to blast their se(^itious at-
tempts.
Our distance from Your Royal Throne, does not ren
der us wholly useless to the Defence of Your Majesty's
Kingdoms, while our Toil and our Labour contribute
to supply Your Royal Navy, But we must in vain la-
ment the small returns of service which we are ca-
pable of making for the many Blessings we enjoy
under Your Majestys wise gentle and prosperous
Reign.
When we consider the establishing a General peace
on a more solid foundation than ever was known. The
obtaining a Redress of all grievances endured on ac-
count of Religion and the removing uncharitable dis-
tinctions and animosities among Protestants, both at
home and abroad have taken their Rise in Your Maj-
1723] AI>MI>riSTRAT10X OF GOVERNOR BURNET. 79
esty's Councils, and their success is owing to, and their
accomplishment expected from Your Majestys firm
and generous Conduct, We should be unworthy of the
Character of men, Christians and Britons, if we had
not the indignation and abhorrence of those who can
be so unnatural as to disturb the Reign of a Prince
who is deservedly the Darling of the present age, and
a pattern to Posterity.
These imperfect Expressions of the Admiration,
Duty and Affection deeply engraven on our hearts
with earnest prayers. That Your Majesties Life may
be long. Your Reign undisturbed, Your Success uni-
versal. Your Royal Issue never fail, and Your virtues
be acknow^ledged in this World, as they will be re-
warded in the next. Are most humbly laid before Your
Most Excellent Majesty.
By May it please Your Majesty Your Majestys
mostDutifull and most Loyal Subjects.
Report of Mr. West, one of His Majesttfs Council, to
the Lords of Trade — on xerercd Acts of the Neir
Jersey Assembly.
IFi-oiu P. K. <). B. T. NiMv J.'isoy. Vol. 111. K W..\
M"" West's Report upon Several Acts pass'd in
New Jersey in 1719. Rec^' Dec^'' 3r.' 1723.
To the Right Honourable the Lords Commis-
sioners of Trade and Plantations.
My Lords
In obedience to your Lordships Commands I have
perused and Considered the severall followeing acts
passed in the province of New Jersey in ope Thousand
seven hundred and nineteen,
80 ADMINISTRATION OF GOVERXOR BURNET. [1723
As to the Act Entituled An Act to restrain Extrav-
agant and excessive interest.
This Acts seems to have been made pretty much in
imitation of the severall Statutes passed here at home
Concerning usury and therefore I have not any great
objection to it in point of Law But as it may be fairly
argued from the high rate of interest which money
bears in that Country That Loans of money are much
more difficult to be procured there than in England I
would beg leave to observe to your Lordships That the
makeing every Scrivener et' lyable to a penalty of
Twenty pounds who shall take any preemium for pro-
curing the Loan of money larger than after the rate of
half a Crown p'Cent seems to be something severe in
its nature and an unaccountable Deviation from the
Law of England in that Case For by the Statute of
the twelfth of the late Queen Anne C : 16 by which the
interest of money was reduced to five p'Cent Every
Scrivener et° is allowed for procuration a prasmium of
five Shillings for every hundred pound And as the
reasonableness of those pra'miums seems to be pro-
portionable to the different rates of interest The re-
duceing of their prasmium to two shillings and six
pence seems to me to be very unreasonable. I men-
tion this to your Lordships only as a Circumstance
proper for your Consideration Since I cannot say it is,
Strictly speakeing, any objection in point of Law
And as to the Act Entituled An Act for preserveing
of Oysters.
As to the preservation of Oysteis I have no Objec-
tion. Since it is Conformable to what has been form-
erly practised in England in paralell Cases But yet I
think there are several particulars in this Act which
render it not proper to be pass'd into Law. For.
1, It is Expressly intended to bind only persons Ee-
sideing not within the province.
1723] ADMINISTRATIOX OF GOVERXOR BURISIET. 81
•2. As it does not appear in the act where the Oyster
Beds lye persons not resideing in the province may
have as good a right to take them as those that do.
For if those Oyster beds are become the property of
any private persons It may so happen that person re-
sideing in another province may be owner of an
Oyster bed in the province of New Jersey In this Case
the Non Residents are deprived from makeiug that use
of their property which otherwise they would be en-
tituled unto wlien at the same time the Inhabitants of
that province are at liberty to gather them all the year
round.
3 The remedy also provided by this Act is Extraor-
dinary Since any one of the persons named in the Act
or to be named by the Governour is im powered to de-
tain and seize any Vessells belonging to Non Resi-
dent persons and upon the single oath also of one of
those persons before any two Justices of the peace
The Vessell is to be Confiscated and sold and be divided
between the King and the Informer,
To make this act just it ought to appear That none
but persons resid'eing within the province are Capable of
being owners of Oyster beds witlun it And I also
think that the persons whose Vessells are lyable to be
forfeited by this Act ought not be bound by a Sentence
pronounced in the first instance upon the single oath
of a Resident officer within the province But he ought
to have the benefitt of appealeing to some higher juris-
diction Neither do I think it just since the penalty in
some Cases may be very Considerable in point of value
That the party should in all Cases be debarr'd of the
benefit of being Tryed by a Jury for the fact upon
which the forfeiture is to arise And therefore I am of
Opinion That this act is not proper to be pass'd into
Law.
I have also perused and Considered the severall
other followeing acts pass'd in the same province in
7
82 ADMINISTRATION OF GOVERNOR BURNET. [1733
the said year one Thousand seven hundred and nine-
teen Entituled
An Act for the support of the Government from the
23f of September 1718 to the 23? of September 1720.
An Act for running the line of partition between
the Eastern and Western Divisions and for preventing
disputes Concerning the same and for secureing to the
General! proprietors of the Soil of each Division their
rights and just Claims.
An Act to Restrain Tavern Keepers and Eetailers
of strong liquors from Crediting any person more than
ten shillings -
An Act to prevent Clandestine Marriages.
An Act to prevent mistakes and irregularities by as-
sessors and Collectors.
An Act for running and ascertaining the Division
line between this province and the province of New
York.
An Act for building Rebuilding Repaireing or amend-
ing of Bridges in the respective Towns and precincts.
And
An Act to establish a Road laid out from the River
Pasaick in the County of Bergen between the Farms
of Jacob Walle'nse Van Wincle et".
To aU which I have no Objection to their being pass'd
into Law. All which I humbly Certifye to your Lord-
shipps. And am,
My Lords
Your Lordshipps most Obedient and most humble
servant.
24. DecF 1723 Richd West
1724J ADMINISTRATION OF GOVERNOK BURNET. 83
The Lords of Trade to the King — respecting the man-
ner of electing represeyitatives to the Assembly.
[From P. R. O. B. T. New Jersey, Volume XIV, page 128.]
Representation with the Draught of an Addi-
tional Instruction to W: Burnet Gov^ of
New Jersey about Altering the manner of
Electing Representatives in the Assembly.
To THE Kings most Excell?" Maj7
May it please Your MafV
Having received Several Letters from Mr Burnet
Your Maj'f Gov': of New^ Jersey, representing to Us
the necessity there is of making an Alteration in your
Maj*^'^ histructions to him, in relation to the Choice of
an Assembly there, We beg leave to represent to Your
Majesty, That by the Instruction first given for Set-
tling the Election of Eepresentatives in New Jersey it
v(ras Ordered, that all y"* Freeholders of East New Jer-
sey Should meet and choose 12 Men, and those in West
New Jersey Should meet and Choose the like Number;
But this method being found inconvenient it was
altered by an Instruction to the L' Cornbury, and
Settled in y'' following manner.
The Town of Perth Amboy in East Jersey chose 2,
and each of the five Counties in that Division chose
two. The Town of Bridlington [Burlington] in West
Jersey chose two, and each of the four Counties in
that Division chose two, as did also the Town of Salem.
Since which the Settlements of West Jersey having
Spread considerably to the Northward, Bridhngton
one of the four Counties in that District, has been
divided into two, one part retaining the old Name of
Bridling-ton, the other distinguished by the name of
Hunterdon, which are each of them as large and
84 ADMINISTRATION OF GOVERlSrOR BURNET. [l'?24
Populous as any other Counties in that Province; But
Hunterdon sends no Rej)resentatives.
Wherefore M' Burnet proposes, that the Right of
Electing 2 Members for Salem, a Small Fishing Town
in the same District with these two Counties, Should
be Suppressed, and that instead thereof the new
County of Hunterdon Should have the liberty of
choosing two Representatives, as all the other Coun-
ties both in East and West Jersey do.
Upon this Occasion, We have been attended by the
Proprietors of the Jerseys, and having discoursed with
them upon M' Burnet's Proposal, We find they have
no Objection to it. We have likewise had the Opinion
of Your Majesty's Attorney and Solicitor Gen? there-
upon, and do humbly propose that Your Majesty may
be graciously pleased to comply with M- Burnet's
request herein, for which purpose We beg leave to lay
before Your Majesty the enclosed Draught of an Addi-
tion! Instruction, which We conceive will much con-
duce to the better Settlemf of that Province.
Which is most humbly Submitted
P: DOEMINIQUE
T: Pelham
Whitehall Jan''' T"' 1723-4 M: Bladex
Rich" Plum'er
J: HOBART
Additional Instruction To Our Trusty &
Welbeloved Wl!^ Burnet Esq'" Our Cap: Gen-
eral and Govf in Chief in & over Our Prov-
ince of Nova Cassarea or New Jersey in
America Given at Our Court at S*
James's the —
In the 10*^ Year of Our Eeign
Whereas by a Clause in Our General Instructions to
you for the Government of Our Province of New Jer-
1734] ADMINISTRATIOX OF GOVERNOR BURXET, 85
sey in America the Representat®: for the General As-
sembly of that Province are appointed to be Chosen as
follows viz' Two by the Inhabitants, Householders of
the City or Town of Perth Amboy in East New Jersey,
and two by the freeholders of each of the five Counties
of the Said Division of East New Jersey; Two by y''
Inhabit* House Holders of the City or Town of Brid-
lington in West New Jersey; Two by the Inhabitants
Household'? of the Town of Salem in the s'' Division,
and two by the Freeholders of each of the four Coun-
ties in the Said Division of West New Jersey; But it
having been Represented to Us that Several inconve-
niencies have arisen from the af ores'* manner of choos-
ing Representatives. It is Our Will and Pleasure, and
you are accordingly to make y'' Same known in the
most Publick manner, that the method of choosing
Representatives for the future Shall be as follows viZ;
Two by the Inhabitants Household" of the City or
Town of Perth Amboy in East New Jersey, and two
by the Freeholders of each of the five Counties in the
S'' Division of East New Jersey; Two by the Inhabi-
tants Householders of y® City or Town of Bridlington
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 be be chosen make up
together the Number of twent[y] four Representatives,
as limitted by Our former Instructions.
86 ADMINISTRATION OF GOVERNOR BURNET. [1724
Governor Burnet to the Lords of Trade — referring
to Acts passed in Neiv Jersey Assembly.
[From P. R. O. B. T., New Jersey, Vol. HI, E 19.1
L're from Mr Burnet Govf of New Jersey & New
York. Reed July 4*\
New York May 12*^ 1724
My Lords,
I am now to transmit to Your Lordships the Acts
passed at Burlington in New Jersey on the 30*? of No-
vember last which could not be engrossed and printed
soon enough to be transmitted home by any of the
Winter Ships, and this is the first opportunity that
has offered since.
The first and principal Act passed during that Ses-
sion, and what indeed left no time or room to mind
anything else of any Importance, was,
An Act for an additional Support of this Government
and making current forty thousand pounds in Bills of
Credit, for that and other purposes therein mentioned.
The great necessity of this Act, as well to support
the Government, as to enable the People to pay the
Taxes, is setf orth in the Preamble of the Act, to which
I beg leave to refer, and to explain what is there only
mentioned in general, I must observe to your Lord-
ships,
That the Support of Government in New Jersey,
was before this Act, in all but eight hundred pounds a
year, which was so very insufficient; that some of the
Officers of the Government were not paid at the rate
of day laborers. By this Act there is a thousand
pounds a year given for ten years, by a Land Tax,
partly to enlarge the present Revenue and partly to
provide for the Continuance of it, when the former
Act expires, which wiU be two years hence.
1724] ADMINISTRATION OF GOVERNOR BURNET. 87
Besides, it appeared that, in order to pay that small
sum of eight hundred pounds a year, there was so
Httle Silver of any sort in the Country, that the Peo-
ple were forced to cut their Spanish Gold into small bits
and sometimes their rings & Ear-rings.
And likewise, That this Province having little or no
Shipping or f oi'eign Trade but relying wholly on Hus-
bandry and raising Stock, are obUged to sell it to the
Neighbouring great Markets of New York and Phila-
delphia in both which places there is a paper Currency
and where the Merchants will pay the New Jersey
People in nothing but paper Bills, that they may save
all their Gold and Silver, to send home to England far
Goods, as is their constant practise.
By all this it was manifest that New Jersey had no
way to bring in New Specie into the Province, and
the old was exhausted, and these Bills of neighbour-
ing Provinces, tho' they pass in the way of Trade;
were no legal Tender in paying the Taxes, nor in dis-
charging private debts, but had often been refused,
and would be so, unless they were made Current by a
Law in New Jersey, which were made Current by a
Law in New Jersey, which was neither so honourable,
nor safe, as to make bills of Credit of their own.
So that it remained therefore as the only way to pay
their present Taxes, or enable them to pay more, which
were necessary to support the Officers of the Govern-
ment to make Bills of their own, upon such a sure
foundation, as to answer the end proposed and to pro-
mote the Trade and Industry of the Province, in
proportion to their Neighbours who have all found the
benefit of a paper Currency, while they have kept to
their first Engagements; of which the Province of
New York is a remarkable Instance, for in fact their
Bills are now more valuable than they were upon their
first making and are valued at a par with the Coin of
England, which may thus be proved. An ounce of
88 ADMINISTRATION OF GOVERNOR BURNET. [1724
Spanish Silver of Pillar or Mexico is worth in London,
commonly three or four pence sterHng more than Eng-
lish Coin, for the benefit of Exportation to the East
Indies and the same ounce of Pillar or Mexico pieces
of Eight, is worth but sixpence in New York bills
above par, which sixpence is but four pence sterl:
These bills having been made current at eight shillf P.
ounce.
If CaroUna have suffered their Bills to fall into dis-
credit, it has arisen first from the danger of the Prov-
ince during the War with the Indians, which made
the public debts to be looked upon, as desperate; and
afterwards from their making new Acts, inconsistent
and contradictory to their first Engagements, which it
is no wonder if it has blasted their Credit.
The fall of the Bills in New England, which has
never however been anything near that in Carolina,
has arisen from their making continually greater quan-
titys of them, without any visible Method of reducing
and sinking them.
The Reason why these Inconveniences have been
totally prevented at New York, is because they have
strictly observed their first Engagements as to their
Bills, and have Been always reducing them gradually
and have been sparing in making new ones, so that at
this time there is not above fifty thousand pounds re-
maining of them, which is found insufficient to circu-
late the Trade & Business between man and man with-
in the Province, the Specie, as I observed before, being-
imported from the West Indies, and kept to be ex|3ort-
ed to Great Britain, whither it could not be all carried,
if there was not a paper Currency here at New York,
which is therefore a manifest advantage to Great
Britain.
2'iiy The deficiency of the Revenue in New Jersey and
the Want of Specie to pay the Taxes in, being the first
grounds of making bills of Credit, It was to be con-
1724] ADMIXISTRATION UI' (iUVERJiTOK BURXET. 89
sidered in the next place, in what manner it would be
consistent with his Majesties additional Instruction of
the 27'" Sept- 1720 whereby, "Acts are not to be as-
" sentedto, forstricking or issuing Bills of Credit with-
" out a Clause, declaring, that the same shall not take
" Effect, untill approved and confirmed by His Majes-
" ty Excepting Acts for raising & settling a public
" Eevenue, for defraying the necessary Charge of the
"Government of New Jersey, according to the In-
"structions already given
By which former Instructions N""** 28. The Gover-
' ' noui" is to endeavour that a public Eevenue may be
" settled, and therein provision be made for a compe-
"tent Salary for the Govern our, as likewise for the
" contingent Charges of the Council and Assembly,
"and for the Salary s of the Respective Clarks and
' ' other Officers thereunto belonging as likewise of all
"other Officers necessary for the Administration of
"that Government.
These Instructions were therefore laid down, as the
foundation of the present Act,
Accordingly, it was very apparent that there was yet
no competent provision made for the Support of that
Government, There being not so much as much as
800 £ in New Jersey annually raised for that use, for
which there is above 4< )00£ annually provided in New-
York Now there could not be a more favourable opportu-
nity to obtain of the Assembly a sufficient Revenue,
than at a time when the Country were universally
complaining of the want of paper bills for a Circulation
through the Province.
So that I thought it for His Majestys Service, and
free from all objection, that an Act should pass to this
effect, providing the whole Taxes levied by it, and all
neat profits arising from it, were applied to His Majes-
ties Revenue, as the aforesaid Instructions require,
and in which case the Act is by these Instructions al-
90 A.DMIKISTRATION OF GOVERNOR BURNET. [1734
lowed to take Effect, immmediately, and upon a full
examination of the Act itself, it will be found that this
has been strictly observed.
The money raised by the Act, consists of two
branches, one is a Tax of one thousand pounds a year,
raised for ten years, which is appropriated to the Sup-
port of His Majesties Government.
The other is the clear profit arising from the Scheme
concerning paper bills which clear profit is likewise
appropriated to the Support of His Majestys Govern-
ment.
The manner of its arising is as follows. Forty thou-
sand pounds was struck in bills of Credit, of which
4:000£ was set apart for the deficiencys of the present
Eevenue, and the other contingent Changes of Gov-
ernment, for the two years to come, and for sinking
so many old paper bills, formerly struck in New Jer-
sey, and unprovided for, in lieu of which the Posses-
sors were to have new bills with Interest to the pres-
ent time, and this 4000£ is to be sunk by the four first
years of the Tax.
The remaining 36000£ was to be let out at 5 Pr
Cent Interest, for 12 years, for the benefit of the Pub-
lick, but so, that every year 8^ P^ Cent of the Capital
was to be paid in, by the borrowers, for the first ten
years, and 7i for the last years, and these bills sunk
as fast as they come in: The Interest of this being pub-
lick money, was to be applied, first to discharge the
expence and trouble of managing the several Loan
Offices in each County, which will appear to be done
at a very moderate rate, and the remainder, which
will be more than half, to be imployed as it comes in,
to the sinking and destroying the paper bills yearly:
By which means All the said Remainder will be re-
placed again by the last moneys paid in: And thus
will arise a clear profit by the Scheme, which is like-
wise given for Support of Government. The use of
this last Method of sinking the Bills before the borrowers
1724] ADMINISTRATION OF GOVEIiNOR HUIIXET. 01
will have paid in their last Payments, is to make the
Value of them necessarily grow every year more and
more intrinsickally equal to Silver or Gold, since, as
the paper grows scarce, Specie must be found, if papers
is not and indeed for the last 6000£ to be paid in, it
certainly cannot, so much having been destroyed by
the Interest besides what has been sunk by the yearly
payments of the Principal. It is true it is provided
that at any time payments may be made in wheat, at
five pence p!" bushel under the market price of New
York and Philadelphia, but no Countryman will ever
consent to loose so much on his wheat, as long as any
Bills or Silver or Gold can be found, and it w^ould be a
great risk of Loss to the Publick, if they should re-
ceive Taxes in grain, at par, in great quantitys, un-
less publick Granarys were built, and this would re-
quire so great a Charge of management, that it has
been laid by as impracticable.
So far appears the advantage to the Publick, from
this Act: The advantage to private persons, is, that
whereas the common Interest of money is 8. p?" Cent
The Loan Offices lend money by this Act at 5 pF Cent,
upon good land Security houses or Plate, which as it
has already reduced the Law suits from several hun-
dreds to almost none at all, so it will be a great means
to assist the Industry, and increase the produce of the
Colony, which stagnated before for want of a Currency.
It is very evident, that dealings by either Barter or
Specie, are insufficient to give a quick Circulation to
the Produce, Manufacture, Trade or Business of a
place, and that may appear particularly in London,
where it is well known how^much business is managed
by Bankers Bills, and Bills of Exchange, tho' by daily
experience, the Risk and Uncertainty of such pay-
ments is felt, and indeed httle could go forward, if
Specie was always to be told, or a barter agreed on,
that suited both party equally, The same thing is true,
tho' not so evident in small places, as in great Citys,
93 ADMINISTRATIOlSr OF GOVERNOR BURKET. [1724
and it is the Complaint of the Coantys in England
remote from London, that they have not a Currency
sufficient.
There is the utmost Care taken, to secure the sink-
ing of these hills punctually, by each County standing
Security for all that is lent v^^ithin it, so that any
deficiency is to be supplyed hy an annual rate
upon the County, and the Penalty and fines, in Case
of Refusal of these bills upon Tender, are copied after
the two debt bills of New^ York, one of the 13"' of
Queen Ann, the other of the 4"' of King George, which
have both received the Royal Approbation: There is
only one thing added, which is a Penalty on a New
Jersey Inhabitant, who shall refuse the bills of his
own Province in the Neighbouring Provinces of New
York and Pensylvania, with which they have so con-
tinual an Intercourse, that such a Proceeding would
both be very dishonourable and prejudicial to the
Intercourse between these Colonys.
And indeed the foundation of these Penaltys is, that
a Province that makes bills of Credit, does thereby
erect its Inhabitants in some measure, into a kind of a
Company of Bankers, who ought in honour and Con-
science to support the Credit of the Company, both at
home and abroad, since the consent of the whole
Community was given to their being struck and issued.
I have thus gone through aU the Considerations that
seemed to me requisite to set this Act in a just light,
and now I submit them to Your Lordships for your
AiDprobation, and for your favourable Representation
to His Majesty: That if it be thought requisite, it may
obtain His Royal Confirmation, tho' I find that Acts
for the Support of Government have seldom been con-
firmed, it being taken for granted, that providing for
a publick Revenue, is agreeable to His Majesty.
But if anything should appear wrong and fit to be
amended in the Act, I hope Your Lordships will signi-
fye it to me, that I may get it altered at the next Sit-
1724] ADMIXISTRATION OF GOVERNOR BURNET. 93
ting of that Assembly, and that no such Mistake or
error may be thought a ground for dissallowing an Act
of this Consequence and Service to His Majesties Gov-
ernment, It being certain that a dissallowance of such
an Act, would ruin the Credit of New Jersey, destroy
all hopes of ever obtaining a Revenue there, and be a
means of creating a general Dissaffection among the
Inhabitants; which are Consequences which I humbly
recommend to Your Lordships thoughts, only to pre-
vent unforeseen objections, if not carrying any proba-
bility with it in my poor opinion, that this Act should
be found worthy of Censure, which to me seems the
best piece of Service, I have yet been able to contribute
to, for His Majesties Government, since I have been
in America.
I have herewith sent your Lordships a Scheme, to
explain the Design of the Act, as to the issuing, apply-
ing & sinking these Bills of Credit, which I hope will
be satisfactory.
There was another Act passed, concerning the duty
of the Commissioners of the Loan Offices, &c. which
is a Supplement to the former Act, wiiich otherwise
would have been too long, and this last Act contains
aU the necessary forms of Mortgages and other deeds,
that the Commissioners may be at a loss in any part
of their business.
The other three Acts, are, one concerning fences,
and two for naturalizing the two Persons therein
named, which were not thought worth printing, but
are hereby transmitted with the two first mentioned,
making in aU five Acts, engrossed, in parchment,
under the Great Seal of the Province of New Jersey.
I have been so tedious on this Subject, that I dare
not trouble Your Lordships with any other matter at
this time, but am
My Lords Your Lordships
Most dutiful and most obedient humble Servant
W. Burnet.
94 ADMINISTRATIO]Sr OF GOVERNOR BURNET. [1724
P: S: I herewith send Your Lordships the printed
Acts for New Jersey, and a Speech to the Assembly of
New York, who met on the 12*^ Instant, as likewise
the printed Votes for New Jersey, at their last Meet-
ing, And the Naval Officer of New York'' Accounts
from Michalmass to Ladyday Shall be sent with the
Duplicate of this, Some further Reasons by M' Alex-
ander for the Jersey Act are here enclosed.
Further Reasons for the Act pass'd in New
Jersey in 1723, Intituled An Act for An
Additional Support of this Gov* & making
current 40,000je in Bills of Credit &c
Eeced w'^^ M^ Burnet's L'" of 12: May 1724
Further Reasons, for passing an Act of New
Jersey Entituled An Act for an additional
Support of Grovernment, and making Cur-
rent forty thousand pounds in Bills of
Credit, for that and other Purposes therein
mentioned, [by James Alexander]
1 The Act for paying the Debts of the CoUony of
New York passed in the Year 1715 has had the Roy all
Assent and It makes the Currency of these bills to
Last for 21 Years So that till that time Expires New
Jersey Can have nothing from New York which is the
Chief place of its trade but paper Money and the Cur-
rency of New Jersey by this bill is to End before that
time Pensilvania which is the other Chief place to
which New Jersey has any trade have past acts for a
paper Currency for as Long a time as this Bill So that
there is hardly Any possibility of Either Supporting
Government or haveing any LawfuU tender but by
the help of this act.
1724] ADMINISTRATION OF GOVERNOR BURNET. 95
2 For want of a proper Tender for payment of Debts
before this Act the LawYers fees were more than all
the Debts that w^ere for Some time Recovered and he
that had Got anyway Indebt Could not Get out of it
again without being Harrissed and torn to jDieces at
the will of his C^reditor and his LawYer which drove
him Still farther Indebt So Remarkeable was this that
in one Small County In New Jersey (where there is
ten) there was near three hundred Actions Commenced
In the year before this bill past and So Great an
Alteration has this Act made In that very County
that to one Court which has been Since the biUs were
made Current (whereof that is only four in A Year)
there was only five actions.
3 Beforefore this act the people of business In that
province Could hardly Get So Much of the Money
oweing to them as to pay the Lawyers for Sueing for
it which very much tied up their hands from prose-
cuteing their business but Since the act their Debts
Came in with Ease and are thereby Not onely Enabled
to Go on with their former usual business but Diverse
do begin to build vessels to trade with which May be a
beGinning to have forreign Trade of their own and to
venture themselves to the West Indies for Gold and
Silver to Supply the place of the Bills When they are
Sunk which its Scarce possible for them otherways to
have Untill the New York and pensilvania biUs are
Sunk.
4 This money has Enabled Many of New Jersey to
Set about draining of Swamps (of which Jersey has a
great Many) fitt for hemp and the bent of that people
is Now very Much upon that Manufacture which
without this bill they Could Not So Easily have Gone
upon and which I hope before Many Years Pass will
Make this one of the Most Usefull Collonies to Great
Brittain by the fitness of its Soil for produceing of
hemp.
96 ADMIKISTRATION OF GOVERNOR BURNET. [1724
5 Quere if proj^er to Mention Iron for Diverse Iron
Works are Going forward
6"' It is Esteemed that above 1 of the Exportation
of New York is of the Groath of Jersey & that No
Less of the Exportation of Pensilvania is also of the
Groath of Jersey for all which they before this act
recieved No other Cash but then- paper money and the
quantity of Paper Currency In New Jersey Pensilva-
nia and New York being Nearly in proportion to the
Exportation of their own produce by that rule Jersey
would have About Jof the bills of York and Pensilva-
nia which in all are about £100000 and the i thereof
£25000 but Supposed Jersey had only £20000.
Now £20000 at 5 p^ Cent Interest by this bill is Gain
to the province of New Jersey £1000 p'' Annum &New
Jersey haveing £20000 of the biUs of Pensilvania &
New York Could be of No Less gain to the Govern-
ments of New York and Pensilvania from New Jersey
but rather more Seeing the Common Interest is Eight
p" Cent which £1000 is more than heretofore has Sup-
ported the Government of New Jersey
And why New Jersey Should be oblidged to have
the bills of New York and Pensilvania at So Great
again to them And Loss to Jersey when New Jersey
has as Good Security of their own as Either of them
And by this bill as it is Now Made have Given far
better than Either of them* for bills of their own. Will
be hard to Imagine and Unreasonable to Oblidge them
to Every province thinking It Enough to Support their
own Government and It a Slavery to be GbHdged to
Support that of their Neighbours and their own too
And this Must be the Case of New Jersey If they be
Not permitted to have bills of their own while New
York and Pensilvania have them & Longer they pro-
pose not to have them.
1725] ADMINISTRATION OF GOVERNOR lU'KNET. 9?
Governor Burnet to the Lords of Trade — announcing
the death of Chief Justice Trent.
LFrom P. R. O. B. T., New Jersey, Vol. IH, E 2-i.}
U from W: Burnett Gov'" of New Jersey &^ re-
lating to y*" Death of the Chief Justice of
New Jersey, & desiring y® person he has
nominated to Succeed in that Office may
be confirm'd. Eece'd 24*?^ Feh7 1724-5
New York 2^ January 1724. [24-5]
My Lords
Just as the Ship Samuel is going I have the certain
News, that W William Trent, Chief Justice for the
Province of New Jersey is dead.
I have nominated M'" Robert Lettice Hooper, to suc-
ceed him in that Employment, and I desire Your Lord-
ships favour in recommending him to be confirmed in
that Office by His Majesty. I am with great Respect,
My Lords Your Lordships Most obliged and
most dutiful! humble Servant
W. Burnet.
8
98
ADMINISTKATION OF GOVEENOR BURNET.
[1724
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100 ADMINISTEATION OF GOVERNOR BURNET. [1725
Charles Dunster' to One of the PropiHetors in Eng-
land— respecting various individuals.
[From a Contemporaneous Copy among the MSS. of W. A. Whitehead, in tlie hand-
writing of James Alexander.]
Eight Honourable
After a Long and Tedious voyage I arrived here the
17"' of November Last very much Indisposed. How-
ever at my arrival I Did Myself the honour to wait
upon the governour and Some other Gentlemen of this
place who Received Me very Kindly and he Told me
he had a Letter (which I dehvered My Self) from you
In My favours he Said he had sucli a veneration for
So worthy a gentleman that there was No thing In
his power to Serve me but what he would willingly do
I had the honour to Dine with him Several times and
I Do assure you that as often as I Din'd with him your
health was one of the toasts that was drank about
Never a Country was happy er of a governour than
these provinces are of him. He is Not only a Learnt
Man But one that has a peculiar Talent of Eloquence
& good Humour Suitable to his Learning he is a Man
of great generosity Supplying the Necessitous and Dis-
tributing his Justice Equally to great and Small. He
is one who has at heart the promoting the welfare of
these provinces
I Suppose there is one Instance whereof you have
heard that is by the Great Labour and C^harges he has
promoted a trade with most of the far Indian Nations,
Which Nothing Could be More detrimental to the
french Settlements Nor advantageous to ours, he had
1 Charles Dunster was largely interested in the soil of New Jereey. While in
England he was the correspondent of several prominent men of the province. He
arrived in America in November, 1734.— Ed.
1735] ADMINISTRATION OF GOVERNOR BURNET, 101
fully finished it Ere Now had it Not been for false
representations Sent home both to the Kings Councill
and your board Instigated by those here who Carried
on a Clandestine trade with Cannaday & the other
French Settlements and Indians.
The very Same he Endeavoured to Do In the Jer-
seys To Eecover the proprietors Lands from Geoi'ge
Willocks & his Society. The Minute they found this
they all turned as one Man against him (that is to Say
that C'lub) But However (thank God) he Got the better
of them all Upon which George Willocks withdrew
himself out of the province, To Philadelphia out of
pretence that his Conscience was so very Streight
That he Could Not take the oaths according to an act
of assembly
He and his associates went Some time before and
he Surveyed a tract of Land of near fourty Thousand
acres In lieu of three thousand one hundred and fifty
acres for them Now Sir I thought this Might Enlarge
his Conscience a little that he Might Not Scruple to
qualify himself. This is besides a Vast Many other
abuses which Can be proved against him, Now he Did
Not think himself So very Secure In those places But
on Munday Last the Ship Samuel Sailed from hence
for London on board of Which he went from Staten
Island But Durst Not Venture here There is gone
along with him one M"" Andrew Hamilton' a Coun-
ciller at Law and it is believed that his Main Design is
to See to procure under the broad Seal of England
TJiat Villanous Charter of Corporation of the Jerseys
(which I had the honour to Shew you) In order to
Confirm them to all their rogery To the Utter Destruc-
tion of all the proprietors. Others do Say that his
1 This Andrew Hamilton was of Philadelphia, and must not be confounded with
Andrew Hamilton who was Governor of East Jersey, etc.— the latter died in 1703.—
Ed.
102 ADMINISTRATION OF GOVERKOR BURKET. [1725
Intention is to Make Complaints of the Governour In
order to get a Separation betwixt the two Govern-
ments and a Governour for the Jerseys of his own
Chusing But I am Sure we Cannot Live happier Than
Under M' Burnet whose UnExamplary Justice to all
Men is such as we Never had before.
But if Ever it Should happen that M' Burnet be
recaird (which I hope Will Not be during My time)
We may Chance to get a Pharoah that Does Not
Know Joseph, In that Case a Separation is very Neces-
sary, But otherwise we Cannot be So well
The Jerseys is the most prolifick province of any
that is in North America affording all Necessary s of
Life In Great aboundance, and Sending vast quantitys
of flower beaf Pork Horses &c To our Neighbours of
New York and Pensilvania.
There are Several other Valuable Branches of Trade
which That Country affords which have Not been
thought of till of Late which are pipe Staves hogs
head Staves and all Manner of Lumber I hope Ere
the End of this year we Shall Carry on a trade Di-
rectly from Amboy and other parts of that province
The above named M' Hamilton is the best Lawyer
In all America and Lookt upon to be a very fine Gen-
tleman which Makes Me hope that he won't Concern
himself with that CabaU. But However Lawyers will
take their fee —
I Begg of you Sir that there May be a Little Care
taken that we May Not be Surprised as M' Alexander
was by being turned out fi'om being Attorney Genei'al
of this place without the Notice of any but that Caball
But it Seems the Devil ow'd them a Shame for he is
Made attorney General of the Jerseys amongst them,
Since which time he has perfectly Mastered all their
Rogery. He gives you his Most Humble Service and
Returns you liis Most GratefuU thanks for the honour
and friendship you have Show'd him from time to time.
1725] ADMINISTRATION OP GOVERNOR BURNET. 103
We had another rare Christian Amongst us by
Name Peter Sonmans who was obUdged to fly to Eng-
land he pretended to be agent General for the proprie-
tors of the Jerseys But who tliose proprietors are that
Signed any Such Deed I Know not, But it was Inserted
In the body that he had power from the proprietors to
Sell four thousand acres of Land Which accordingly
he went and Surveyed by virtue of that Deed In-
stead of four thousand betwixt fourty and fifty Thou-
sand
Another Rare piece of work they had amongst them
whether It was In IVIy Lord Cornbury or M' Hamiltons
time I Cant Tell but they had got So many Blank
patents for ought I Know to the Number of acres that
the Jerseys Contained and yet these three Topping
Saints were Known to be guilty of the breach of the
Seventh Commandment In their wives times
I Saw CoU: Morris Since I have been here who
Enquired very heartily of your welfare.
I Am often with M' James Smith who's grown as
Fatt as a Pork he Lives for the Most part in this City
and No thanks to him for he is as welcome to the
governours table as he is himself upon aU occasions
He promised to write to you by the Last Ship (the
Samuel)
I forgot to tell you that those Gentry and their
associates have robbed the proprietors of betwixt four
& five hundred thousand acres of the best Land as I
am Credibly Informed, — And one hundred acres with
another is worth fifty pounds a hundred
I thank god for it I have a pi-etty good Estate here
But wants above two thirds of what I ought to have
I hope you'll pardon this Long Scroul which I Send
you for your own private Information and Shall be
troublesome to you In the Same way as occasion
occurs. Our Governour will Live In the Jerseys Most
part of the Summer as he tells Me.
104 ADMIKISTRATION" OF CtOvERjfOR BUEiiTET. [1725
Give My Humble Service to M' Charles I begg you
would Lett Me hear from you and Direct for Me at the
post house In New York. I am
Eight Honourable Your Most
faithfull & Most Obedient Humble Serv*
[Endorsed] A Copy of a Lett'" I believe from Charles
Dunster to
Governor Burnet to the Lords of Trade — relating to
Acts jjassed hy the New Jersey Assembly.
[From N. Y. Col. Doets.. Vol. V, p. 706.]
New York 24*^ Nov^ 1725
My Lords [Extract.]
* * * * I * * 2a\\ now to acquaint Year Lordships
with the Proceedings of the last Sessions of Assembly
in the New Jerseys, where the publick business was
carried on, with the most unanimity that I ever Knew.
There were six Acts past there, of which the principal
was
1^' An Act for the support of the Government of His
Majesty's Province of New Jersey for five years to
commence the 23'' day of Sept' 1725, and to end the 23^'
day of Sept'" 1730.
This Act is in most respects the same with that for-
merly enacted in 1720 except that it makes more
ample provision for the Revenue than before, so that
the Officers of the Government have all of them con-
siderable additions to their ,Salarys. What enabled
the Assembly to do this without laying more burthen
of taxes on the people, was the late Act for striking
Bills of Credit, by which means there was a Sum
clearly gained by the Province by way of Interest, for
the fii'st five years amounting to 1321 pounds which
175^5] ADMINISTRATION OF GOVHUXOIi BUKNET. 105
has been applyed to inci'ease the suppoi't of the Gov-
ernment, it being sufficient for the sinking of the Bills
of Credit within the time limited if the principal as it
is to be paid in be cancelled and sunk, which has been
punctually pei'formed for the first year.
2ndiy ^^-^ ^^^ ^Q j^y ^ Duty on wheat, meal and
staves and heading of all Sorts, and bolts whereof
Staves and heading may or can be made.
This Act is intended to incourage the Manufacture
of the grain and timber of the province among them-
selves, so that the wheat may be ground and bolted
before it is exported, and the Casks of different sizes
made within the Province. This Act was formerly
past in Brigadier Hunter's time, and afterwards
repealed at the Desire of the people, but now they
think it again for their Intrest in the Eastern Division,
tho' the Western Declined its being extended to their
Division
3rdiy ^j-^ j^^j^ ^Q ascertain the size of Casks and the
standard of Weights and Measures, and to impower
the Justices of the Peace at their quarter sessions to
appoint packers for packing pi-o visions at the most
convenient landings in each respective county within
this Province. This Act is exactly like one past for
this purpose in New York; and will be of use to en-
courage the Fair Trade and prevent indirect practises
which not only are an imposition upon the people of
the Province but bring a Discredit upon their Trade in
the West Indies whither they Ship off their provisions.
^thiy ^^ j^Q^ £j^j. ^YiQ better Regulation of Elections
and laying a penalty on all Officers and other persons
whatsoever that shall by indirect practices endeavour
to obtain any Election contrary to the rights, liberties
and priviledges of the people; and the true intent and
meaning of this Act.
There was but too much ground given for this Act
by the conduct of the Sheriff of Burlington in favour-
106 ADMINISTRATION OF GOVERNOR BURNET. [1725
ing Coll. Cox, against a Quaker that opposed him, by
keeping the Poll open for a fortnight and adjourning
it without the consent of the other candidate to the
edge of the county, as all this was done without even
my knowledge much less my direction, the Assembly
had no difference at all with me about it, but alto-
gether among themselves where the Quaker interest
and the contrary party are nearly equal. But the par-
tiality was so visible that they agreed to provide a
Remedy against the like for the future by this Act
gti.iy ^j^ ^^^ concerning the Appointment of Com-
missioners of the Loan Office and concerning the sink-
ing of four thousand pounds of Bills of Credit.
There was an Inconveniency found in my not being
able to direct a new Commissioner to be chosen in case
of death or resignation without my coming into the
Province and calling a Council which in the Winter is
often very difficult, which is remedyed by this Act.
The Manner of sinking the four thousand pounds
applyed to the immediate support of the Government
by the Act for making the Bills of Credit, had been
Directed to be done only when the Assembly should
set, which not happening every year, it was thought
that too great a sum would lye too long by that means
in the Treasurer's hands, which this Act remedyes by
directing these Bills to be sunk before the Governor
and Council, tho' the Assembly be not sitting.
(^ihiy ^jj j^^^ prescribing the forms of Declaration of
Fidelity, Abjuration, and Affirmation instead of the
forms heretofore required in such cases. This Act
relates wholly to the Quakers and is the same to those
who bear Office and serve on Jury's as the former
Acts were, but as to other persons it gives them the
same Affirmaticai which was appointed by the last Act
of Parliament in their favour.
I have herewith enclosed to M' Popple these Acts
engrossed in parchment under the Seal of the Province,
1725] ADMiNlSTRAtlOX OF OOVEltNOR BI/KNET. 107
together with the Minutes of Council for the said
Province commencing the 20th of April 1.7:^4 and end-
ing the -23 of August 1 725, and with the Naval Officer's
Accoimts from East New Jersey from the 29"' of
September 172-1: to the 25"' of June 1725 and a Printed
Copy of the said Acts of Assembly and of their votes
1 depend on the continuance of Your Lordships
favour and protection to,
My Lords, your Lordships most obliged
and most dutiful humble Servant
W. Burnet.
Letter from Galfridus Gray to the Lords of Trade
— relating to a method of protection from, the en-
croachments of the Indians.
[From P. R. O. B. T. Plantations General, No. 8, L!H. |
Memorial of M?" Gal: Clray' proposing a Method
to prevent the Insults of the Indians.
To the Eight Honourable the Lords Commiss':
of Trade and Plantations &c:
Right Hon'!'
From a Sincere View of Serving my Country, with
the Abounding Honour to his Majestie in the Preser-
vation of all his American Subjects in all his Collonys
on that Continent from the Savage Rage of Indians
for ever, I present you with the following Scheme.
Some part of the American Countrys having been
Settled About Two hundred Years— In which time
there have been many Methods taken, as in Virginia
> With this Mem'l Mr. Gray Presented a Printed Map of the Dominions of ye
King of G. Britain on the Continent of North America~Dedica.ted to Walter
Douglas Esq. constituted Capt. GenH <Skcof ye Leeward Islands & printed in 1715.
i08 ADMINISTRATION OF GOVERNOR BURNET. [1725
and Maryland a number of People kept called Rangers
and Garrisons at Some places — And in New England
Expensive Garisons by the waterside &c? Nevertheless
very Lately we have heard of Blooddy Indian Engage-
ments, and altho the English may have had the better
Sometimes, Yet their Wars are very Expensive & the
people in Continuall fears; for those Indians Do Mis-
chief to Day in one place, and 50 Miles off to Morrow
— the Country Eyeing open no Stop can be put to their
Barbarritys No Less than 88 Subjects were Killed &
caryed away Last Year.
I humbly therefore beg Leave to Lay before the
Lords Commiss'".' of Trade &;c? the only and Effectuall
Method to prevent Such Desolations for ever here-
after.
The Method I humbly propose is to Cut a path Thro'
the woods on the Back of all his Majesties Colony s
from the head of the Bay de Chaloner, which Runes
up about 90 Miles into Nova Scotia out of S- Laurance
River From thence to the westermost Bounds of South
Carolina which is 1050 Miles, And in that Distance
place about 1000 Blockhouses, at Such Different Spaces
as I have placed them on the Plan or Draught of those
Countrys An'exed, from 4 unto 24 Miles Distance from
Each other — Such a Line v/ill be a Barrier, Boundary
& Communication And also will be of Servis for In-
telligence & Trade.
The Lords Com miss'-" of Trade well know Long And
Dear Experience hath proued to those People, that
while the Colonys Lye open to the Mercy of those Sav-
ages they can Never be Safe — whereby a Stop is put to
Improvement of Lands &C.'' which would Yeild a Great
Revenue to his Majestic.
As I have often viewed those Countrys, I humbly
presume as a Loyall Subject to propose this as the only
Method which can make his Majesties Subjects on the
Continent of America Safe in their Lives & fortunes,
1725] ADMINTISTRATION OF UOVEKNOK BURNET. iO'J
which Consideration has Emboldened me to Lay this
my opinion before you, who daily Considers the Good
of his Majesties American Subjects — And Now more
Especially the Good of [13?] Governments
Such a Method of Protection is So well known I
Need not Use any Argument Conserning the feasibility
of it, to prevent the Outrages of Savage Enimies in an
open Country — the thing may be done without any
Difficulty, All the Inhabitants being Good Axnien,
Accustomed to Clearing, & Building Loghouses.
My proposall is not the Building of a Brick wall
Like that of China or heaving up a Bank of Earth as
formerly in the Kingdom, the Romaines of which are
at this Day — Only a path Cut, and houses Built of the
Trees Cut Down in the place, Sufficient to make a
Barrier & Boundary to Such Enimies. Also Tradeing-
houses to Supply the Indians, there with Necessarys,
which would be Attended with Severall Other Con-
veniencys, first — it would prevent them from going
Beyond their Bounds on pretence of Trade — Secondly
— the Indian Trade being made Govermentable would
becum an Universall Benefit, And Support the charge
of the Said Line Also prevent the Indians from Strag-
ling Down Among the English to breed Private Quar-
rels which in time past have Ended in Publick Wars.
Thirdly — the Indian Trade being plast in the Line &
made Govermentable a Moderate price of 200 p'Cent
may be Set, insteed of the Exorbitant Rates private
Ti-aders Exact of one 1000 and more — Thus useing the
Indians kindely will Engage their Affections, And will
Also Cause a Consumption of four times as much of
the Manufactures of this Kingdom and So a Great ad-
vantage.
Drawing this proposed Line would not only make
Safe every Subject, But also Raise the value of the
Crown Lands below it which in their present State
cant be Inhabited for fear of Indians — This would also
no ADMINISTEATION OF GOVEKNOR BURNET. [1725
prevent the Indians from Attacking his Majesties Sub-
jects in his Fortifications of Annapohs Royall & Causo
which at present the Indians Attaque when they
please, KiUing & carrying away the people that In
habit Near those Garrisons — And very Lately Some
Indians Insulted Sr William Keith Governor of
Pensilvania, which is in the Center of all his Majesties
Colonys on the Continent of Americas.
The Support of this proposed Line will not Like For-
tifications (fec^^ be a Continved Charge to his Majestic
But will more then Support itSelf .
I could Easily Demonstrate the time & Expence of
this P'formance only it may require too many words,
But if requiered will not only do that, but also with
readiness Answer any Question Conserning the thing
proposed, being personally Aquainted with all his Maj-
esties American Dominions and many of the Terri-
torys belonging to other Potentates In those parts of
the world.
Not being wilhng any Longer to Trespass on the pa-
tience of the Lords Commiss'.'' of the Board of Trade I
only beg Leave to Add, that as the Union with one
Nation in Subjection was Deemed a peculiar honour
to the Late Queen I humbly presume the Not only
Uniteing, But also So Easily Subjecting more then 10
Nations by So aduantageous a Method Assuredly will
be So Matchless an honour to his Majestic, Such as No
Prince every yet obtaind
I am Right Hon^^^ With the Profoundest Respect
Your Most Obed^ Ser'
Galfridus Gray.
I could not Omit Observing to this Honourable
Board the Great Aduantage Some of those American
Lands, for which an Entire Safety is proposed. Pro-
duces Yearly To the Crown Many Acres Adds to the
Revenue from 10 unto 25 pounds p'Acre Also the
1725] ADMIXISTKATIOX OF (iOVERNOR BUKNET. Ill
Great Consumption of the Manufactures of Great
Britain A very good Author well known at the Board
of Trade; has told the world that one of the thirteen
Governments on the Continent takes off Yearly, three
hundred thousand pounds Sterle.' And when a Cer-
tain Quantity of Lands shall be made Assuredly Safe
from Indians then Severall Companys of men will be
Encouraged to Improve P'sels of Land, which in their
present State are Invalled those Lands will produce
hemp & Iron which are the Only Two things this Na-
tion Absolutely wants
A Demonstration as to time & Charge in Drawing
the Indian Barrier & Boundary Sec'' Line in America
As to the Number of Trees & Saplins in a Miles
Length Suitable for Such a path or Line it has often
been observed. And at most but 500 in Number, And
in those Countryes I have had 20 Timber Trees fit for
house Building Cut Down in one Day by a man in the
Bay of Virginia And in this Case the Great ones Need
not be Cut Down only Girdled, will Die And a Re-
markable Sight to the Indians, And of the Smaller
Sort a man do or may Cut Down 30 in a Day So Ac-
cordingly the path may be Cleard in a month — But if
four times as Long for So Good a work as Everlasting-
safety the Inhabitant can't think it Tedious.
He Suppose lloo Miles And Alow 1500
men at is pence p'day Provi-
sions Included Thus - - 750
2250 Shill^ p' day
Say tt months or - 120 Days
45000
2250
27000 0 Shills.
13500 pounds
thus far it Appears thirteen thous? 5 bund pounds
112 ADMINISTRATION OF GOVERNOR BURNET. [1735
I have Supposed a present to the Indians the 5 Na-
tions
Say 2000 Coats at 7 ShiU? - - TOO L?
Ditto 2000 hats 1 Ditto - - 100
Ditto a present to their Kings - 200
£ 1000
the above Sum - - 13500
for Contingent charge . - . . 5500
£20000
All appears to be but Twenty Thousand pounds for So
Great a P'formance Attended with So many Conveni-
encys everlasting peace And Universall Profit by the
Indian Trade, Neither Yet Obtained Since the Settle-
ment of those Countreys
Eight Hon^'' I am Your Most Humb'*^ & Obed* Ser*
Galfridus Gray
January the 26*'^ 1725
Second Memorial from M'" Gray in addition to
his Proposals for preventing in Insults of
y^ Indians in the Plantations Rec'd Febry
10*?^ 1725-6.
To the Right Honourable the Lords Comis''^ of
Trade & Plantations.
Right Hon".''
I having atended this Hon^'.'® Board on the Second of
this instant on Acco- of a Proposall by me made for
Cuting a path or Drawing a Line on the Back of all
his Majesties Colonies on the Continent of America in
order to a Gen" Safety to all his Majesties Subjects
there Inhabiting. Att which time & place I found
1726] ADMIJSriSTKATION OF GOVERNOR BURNET. 113
five Gent" attending, which are & have been Gou" of
Some of those Colonies who gave their Opinions as
foUoweth —
Gen" Nicholson Gov!" of South Carolina & formerly
of Some of the other Colonies being first Asked Gave
his Opinion that my Proposall was Right and that
South Carolina had or would make Some Such Block-
houses, to prevent French & Spanish Indians, he only
Hisitated at all those Governments coming into it
with one Consent, which I shall answer if Desired an
other time — it haveing no Direct Relation to my Pro-
jecting part — that only Relateing to the Executive
part.
Co" Spotswood Late Gov!" of Virginia Said that Gov-
erm- had Built one Such Garison Tradeing house by
which it appears those people are of my Mind what he
Hissitated at, was, that the Sum I proposed of 20
thousand pounds he thought would not P form it — to
which I answered not being in a place where the
Indians Resorted — I mean to his Assertion that the
Indian Trade was not so Profitable as I Seemed to
Beleive, those are Neither Essentials, as to the Profit
of y^ Trade or the Sum their Building after my pro-
posall justifies, altho in a wrong place.
Co" Hunter Govr Lately of New York where was
the first Instance of such a Method of Trade withe the
Indians Boasted how peaseable they had been he only
used Some Little Amusements Saying Some of the
Back Lands had Pine Trees & thick Bushes, But Did
not Say that Axes could not make a path throu them,
that Gent" has but Little Experience as to the Length
of Travels as I have had 5, 6 & 7 hundred miles in
Length in those Country s — Also he pretended that the
Indians might think the English were afraid forget-
ting that his own Governm' was the first and to this
Day — But would Say Something.
Co" Strut Gou?" of New England without Hissitation
9
114 ADxMINISTKATION OF GOVERJSTOE BURNET. [1726
Declared they were willing to Build Such Tradeing
houses And Sell Goods to the Indians to Lost. I pre-
sume meaning cheaper then one thous'^ P Cent as for-
merly.
Co" Phillips Gou!" of Annapolis Roy all &c made no
Hissitation Neither in my humble Opinion can any
Generous Lover of his Country, by all that has been
Said they make it appear I have Rightly Projected; it
assuredly is the only & Effectuall way to priserve all
his Majesties Subjects in those parts of the world from
being Insulted by the indians as in time past — also
make that Great Quantity of Crown Lands habitable,
and so, valvable.
I humbly pray this Hon''.''' Board to call to mind that
but 10 years ago North Carohna was almost wholey
Destroyed by their Indians, and 7 years Ago South
Carolina in the Same Condition, But 3 years Ago Pen-
silvania Narrowly Escaped a Blooddy Indian war by
reason their private Indian Traders first Cheated an
Indian, And then Killed him. Also but in September
Last the indians Again Threatned S'" William Keith
Gou^ of that Province, And the Governm- of New
England but the other day finished a Blooddy & Ex-
pensive war with their Indians, Nothing but Regu-
larrity in Trade Boundary & Barrier Communication
can make those Inhabiting that open and wide Coun-
try Invested with Such Neighbours safe, That the
Indians may have Bounds Set them Witness their
Last agreement 3 years ago. Agreed that if any Indian
was found below Such & Such Trees &c. without
haveing a Speciall Message to Said Goverm' they Con-
sented Such Indian Should be Imprisoned, As they
are come Such a Length they may easily be brought
further when we are got Into a Regularity.
I have Seen many Sorts of indians in many Different
Countrys, they are alowed by All to be an Active
flexable people easy Gov?3rnd with Good Usage — Those
1726] ADMINISTRATION^ OF GOVERNOR BURNET.. 115
Cannabals at Florrida by Conversation are becum So-
ciable— But to return to my Path & Barrier I shall
give Undenyable reasons that 20 foot wide will be
Sufficent and the Trees Knotched on both Sides of
Said path — Such paths or Khoads is what all the Peo-
ple in Virginia & Maryland Travell by & in paths
with knotcht Trees, And many paths not 20 foot wide —
Now I am on this Subject pleas to give me Leave to
Say the Method of the Indians Travelling, their Com-
pass is takeing Notice of the Roots of the Large Trees,
On the North Side Growes Moss, on the South side
none — In case they Loose Company as they pass they
Bow a Twig pointing y'' way they go
Also another conveniency may be found in Indians
when those Regular Steps I propose, be taken, those
that have the care of Such Garisons &c. with Ease
may bring Indians into another Course or Method of
Li\dng for the charge of 20 ShilP P annum in cloaths.
And the indians will not, only by Hunting fishing &
fowleing find themselves Provission but the English
also, many familyes now have Indians to hunt for
them for a Trifle, And many indians among the In-
habitants Learning Trades &c also Seamen, fishermen
& husbandmen And Some have Stocks of their own
15 years ago at a place Called Marthas Vineyard I
bought 25 Sheep of Indians for the valve of 12 i)ence
P Sheep — this assuredly fact, as is all I offer, And if
others that have been abroad have not taken So much
paines, Spent So much moneys and time they cant So
Know — I have been my own Supporter, Always when
plowing the Ocean, Owner & Commander of Ship &
Goods — I have been taken 3 times by the Pyrates, I
have passed throu many Difficultys to know, And all
agree with offering for my Countrys Good, I have not
a foot of Land in those Countreys But See a pecuKar
Hon' in it to his Majestic & Matchless aduatage to y"
Subject there has been hundreds of thousands that has
IIG ADMIISriSTRATION OF GOVERNOK BURNET. [1726
Travelled those Countrys Since their Settlement (by
Sea & Land) who is the man that ever Drew Such a
Scheme to prevent Pyrasy or Corrected or aded to it,
and now to prevent the Indians by Land could any add
to it for his Countrys Good He not be ofended, if
there were any Such I would not be so Ungenerous as
to put a Bush in his way — To do myself justice I will
not be afraid to Say to the Hon'^.^® Board of Trade that
I know the aduantages of Americas, I mean part of it
1700 Leagi I Need not be So Modest, as to Say as well
as any man that has Travelled those Countreys, Be-
cause I have made it appear better than all. And can
add Aboundance to what I have Said. But who
among those that would be thought to know can make
any Addition now all Countreys are Striveing to Out
witt us.
In my Scheme to prevent Pyrasy I told this Hon''!''
Board I had not been Six months at a time in one
place for almost 80 years, altho I have Lost my jour-
nals in which I took Some pains to be Particular Yet
that it may appear I have not wholly Lost my Remem-
brance, in that I Particularized every place needfull
for 1100 Leag- which has been viewed By Severall
Cap** &c of Ships of War who would in these times be
glad with an opportunity to Shew their better knowl-
edge by a personall acquaintance History & Draughts
are time Diverters, gives a Supposed Satisfaction — But
personall Views the truth, that is all the Compen-
sation I enjoy. And can give an Account of the
Situations, productions or anything that is worthy of
Note Conserning every one of the w^est Indian Islands.
Right Hon^."^ I am
Your Most Obed* Ser*
February y" 8"' 1725. [1725-6] Galfridus Gray
17201 AD>rrN"isTiiA.TroN of GOV^ERN'OII buunet. 117
Letter from Governor Burnet to the Lords of Trade —
ahoid certain returns to he made.
I From N. Y. Col. Docts., Vol.V, p. 776.]
New York, 2^ June, 1726
My Lords
[Extract.]
On the 23'' of May last I received a letter from M'
Popple dated 1'.* October 1725 containing your Lord-
ships' commands to me to be more punctual in Send-
Copys of publick papers, publick accounts and all pro-
ceedings for Your Lordships information according to
my Instructions, upon the several heads following to
each of which I will make what answer I can on so
short a notice.
The iirst head is Accounts of Receipts and Payments
of all j^ublick monys and especkdly of Quit Rents
Fines and forfeitures and Escheats
" * * Since I have received Your Lordships' com-
mands I have directed the Treasurer to prepare an ac-
count of the Revenue from 1721 when he entered on
his Office, his father who was, Treasurer before him
being lunatick and non capable of rendring any ac-
count, and signing and attesting it * '^ *
* " * When I go into New Jersey which will be
in the month I will require the like accounts from the
Treasurers of that Province all which I will send as
soon as I can obtain them.
The second head is the Number of planters and In-
Jiabitants and Accounts of Christnings and Burials
&c I had the honour to transmit to your Lordships an
account taken by the Sheriffs of the several Countys
of all the Inhabitants of the Province of New York,
118 ADMIKISTRATION OF GOVERNOR BURNET. [1726
in my letter of the 16"^ Dec/ 1723, where, if search
be made, I question not but it will be found "" * *
I would have then ordered the like accounts to be
taken in New Jersey but I was advised that it might
make the peoj^le uneasy, they being generally of a
New England Extraction and thereby Enthusiasts: and
that they would take it for a Repetition of the same sin
that David committed in numbering the people and
bring on the like Judgments. This section put me off
from it at that time, but since Your Lordships require
It I wiU give the orders to the Sheriffs, that it may be
done as soon as may be
As to accounts of Christnings and Burials I dont
find they have ever been kept regularly, and it would
be extremely difficult to bring it to bear, for here in
New York, there are not Church of England Ministers
In half of the Countys of the Province, And there are
many Dutch and some French and some dissenting
Ministers that baptise and bury, some of which keep
no account, as I have been told, and others that perhaps
do and understand no English
In New Jersey there are few Church of England
Ministers, several dissenting Ministers who keep no
accounts and many Quakers who are never baptised so
that such an Account would be no true Estimate of the
people there.
The third head is Account of Ordinance Stores arms,
all sorts of Stores of War and a State of the Forts.
I have directed the Store keeper here to prepare such
an account for this place, and I shall give the same
orders the out Garrisons
The fourth head is a Map of each Province, and an
account of the Strength &c of Your Neighbours
I have long ago directed the Surveyor General of
this Province to make out such a Map as my Instruc-
tions require, but the imperfect Drafts left in his hands
by his predecessor of the Old Surveys have hitherto
172G] ADMINISTRATION OF GOVERNOR BURNRT. 110
hindred him to compleat it as it ought to be, but I
have now given him fresh directions to go about it
with all dispatch; As to New Jersey I shall give the
same Directions to the Surveyor of that Province, but
I fear his particular Drafts of Old Surveys are still
more imperfect.
As to the Strength &c of our Neighbours I have
often given Your Lordships the fullest account I could
of the State of the French and the Indians and I shall
continue so to do for the time to come.
The fifth head is Accounts of Establishment of all
Courts, patent Offices ayid their Deputy s.
I know of no New Courts or Offices erected since my
arrival, so that I ai:)prehended that Your Lordships
were fully informed on this head, when such Courts
and Offices were established. But I shall make it my
business to give Your Lordships an Account of them
as they now stand.
The Sixth head is Wants and Defects of each Prov-
ince.
This I have done from time to time and shall con-
tinue to do according to my best apprehension, which
however I hope Your Lordships will interpret favor-
ably.
*********
I have last fall with my letter to Your Lordships of
the 24"' of November 1725 enclosed to M' Popple the
Acts of New Jersey on parchment, with the Seal, pass-
ed in August 1725, and the Minutes of Council of that
Province commencing the 26"' of April 1724, and end-
ing the 23'' of August 1725 with a printed copy of the
Votes of that Sessions * * * which I hope are
safely arrived, and of which I daily expect an account
from M'" Popple.
* ****** * *
I am with great respect My Lords Your Lordships'
most dutifuU and most obedient humble Servant
W. Burnet.
120 A-DMINISTRATiON OF GOVERNOR BURNET. [1726
Letter from the Lords of Trade to Governor Burnet —
about Gold and Silver Mines said to Jiave been
found in New Jersey.
[From P. R. O. B. T., New Jersey, Vol. XIV, p. 187.1
Letter to Mr Burnet, Gov'" of New Jersey.
Sir,
Since Our letter to you of the 9'." of July 1723, We
have received yours of the 12*.** of May 1724, and 2"!
Jan"".^ 1721 as also the Several Acts, and other public
Papers therein mentioned, which We desire you will
be punctual in transmitting for the future.
We received from the L'' Carteret, whilst Secretary
of State the Extract of a Letter from You, of the
12"' Decl" 1722, in relation to Some Gold & Silver Mines,
Said to be found in New Jersey, wherein you informed
his Ldsp, that Sev! persons have positively declared to
you, that if they would be certain in whom the Title
lay, and that they shou'd have a reasonable share of
them, they would make the Discovery, but never
otherwise.
This Matter being referred to Our Consideration,
We consulted His Majesty's Attorney and Solicitor
General thereupon, and as they have given their Opin-
ion very fully upon this Subject, We send you inclosed
a Copy of their Report for your Information'
We have considered the Act passed in New Jersey
in 1723, Entf An Act for an Additional Support of this
Government and making current 40.000'' in Bills of
Credit for that and other purposes therein mentioned.
We must take notice to you upon this Occasion,
that We are very Cautious of recommending to the
> See under date of November 30tli, 17^'3.-Ed.
1726] ADMIKISTRATIOX OF GOVERNOR BURNET. 121
King the Confirmation of any Bills of this Nature,
considering y'' many ill consequences, We have ob-
served to proceed from them; But as in this Bill
proper care Seems to be taken of the Security required
from those to whom these Bills shall be lent, and that
the Bills for the 4().0U0" to be raised by this Act, would
be Sunk in tenn Years time, if the manner prescribed
for sinking them, were punctually put in Execution,
and that there wou'd then be profit to the publick of
the sum of 5,772" We shall let this Act lye by Proba-
tionary, in hopes it may answer the end propossed by
it : But it is with some concern, that We are obliged to
observe, you have already broken in to the Apj)ropria-
tion of this Act by An Act for the Support of the Gov-
ernment of New Jersey, commencing the 23'! Sep'-' 1725,
and ending the 23". Sep!' 1730, by which you take away
from your Sinking Fund the first Year's lutrest ar-
rising upon the Bills lent out, which proceeding is a
very bad Precedent, and We apprehend will be detri-
mental to the Credit of Your Paper Mony.
Proceedings of this nature have had that Effect in
other Colonies, where at the first Setting out, they
have made very good Laws for Sinking the Paper
Bills, but have afterwards broken in upon the Funds
appropriated for that purpose: We must therefore
recommend to you, to take particular care that no
further Alteration be made in the Funds given by
the first Act for Sinking the Paper- Bills: And We Shall
let this 2"? Act likewise ly by probationary, till We
hear further from you; We observe that the whole
Provision made by this last mentioned Act for the
Service of the Governm: for 5 Years Amounts to the
Sum of 6360" 7f O:^ of which Sum 2310" 7* (>" is said to
be necessary for the first Year's Service only, which
greatly exceeds the Gen! Provision for the whole 5
Years; We apprehend this may be best Explained by
An Account of the Annual Charge and income of the
122 ADMINISTRATION OF GOVERNOR BURNET. [1726
Province, which We desire you will send Us, as also
the like Account for New York, So We bid you heart-
ily farewel and are.
Your very Loving Friends & humble Servants
Westmorland
J. Chetwynd
Whitehall June 2.^"', 172(5. T. Pelham
J. HOBART
R Plum'er.
Additional Instruction to the Governors — relative
to Suspension of Sentences.
[From P. R. O. B. T. Plantations General No. 8, L 69.]
Order in Council, directing the Board to pre-
pare an additional Instruct" to all the Gov''.^
requiring them to suspend the Execution
of any Sentence, in Case of an Appeal till
the same shall be determin'd at home.
* — >-— * At the Court at Kensington
j Seal. I the 5".'- day of July 1726.
* r^* Present
The Kings most Excell'^ Majesty in Council.
Whereas it was this day represented to his Majesty
in Council, that in One of the Articles of the Instruc-
tions given to his Governors in America, relating to
the admitting Appeales to his Majesty at this Board,
and the obhging the Appellants to give Security to
prosecute their Appeals, the following Provisoe is in-
serted. Viz* "That Execution be not suspended by
" reason of any such Appeale unto Us in any case where
' ' a Judgment first given by an inferior Court in Our
1726] ADMINISTRATION OF CxOVERNOR BURNET. 123
' ' said Province or Island shall have been confirmed by
' ' the Governor and Council" By means of which Pro-
visoe Executions have been immediately issued not-
withstanding an Appeal hath been de])ending before
his Majesty at this Board; From whence great Incon-
veniencies have arisen, where the Appellee hath be-
come insolvent or hath withdrawn himself and his
Effects from that Province, before his Majesty's
Pleasure could be known on such Appeale, and his
Majesty's Orders, for reversing the Decree or Judg-
ment appealed from, and for making Restitution of
the Estates or Effects, which had been so levyed in
Execution, have been rendered ineffectual, and the
Appellant left without any Redress. For preventing
which Mischief for the future His Majesty is hereby
pleased with the Advice of his Privy Council to Order,
that Additional Instructions be prepared for all the
Governors in America Requiring them in all Cases,
where by their Instructions they are to admitt Ap-
peales to his Majesty at this Board, that Execution be
suspended notwithstanding the said Provisoe, until the
final Determination of such Appeal, unless good and
sufficient Security be given by the Appellee to make
Ample Restitution of all that the Appellant shaU have
lost by means of such Judgment or Decree in case
upon the Determination of such Appeal such Decree
or Judgment should be Reverst and Restitution award-
ed to the Appellant — And the Lords C^ommissioners
for Trade and Plantations are to prepare the Draughts
of such Additional Instructions and present the Same
to his Majesty at this Board for his Royal Approba-
tion'
Temple Stanyan
1 Draft, etc., prepared July 28th, 1726.— Ed.
124 ADMINISTKATION OF GOVERNOR BURNET. [1726
Proclamation of Governor Burnet — against the exer-
cise of any authority hy Peter Sonmans as Re-
ceiver of Quit Bents.
[From the Original among MSS. of W. A. Whitehead.]
By His Excellency William Burnet Esq"" Cap-
tain General and Governour in Chief of
New Jersey New York and Territories
thereon Depending in America And Vice
Admirall of the Same &c
*'~ — ' — *
j L. s. [ A Peoclamation
*^ ,_ _,*
Whereas in pursuance of the Directions in his
Majesties Eoyal Instructions to me Given I did upon
Application made to me by the Generall proprietors of
the Soile of the Eastern Division of the province of
New Jersey Issue A Proclamation Notifying that the
Said proprietors had constituted And Appointed Mi"
Richard Ashfield to be their Agent Aid receiver of
such rents and Arrears of rents as were Due and pay-
able to them And did thereby require the Justices of
the Peace Sheriffs and other his majesties officers to be
Aiding And Assisting to the Said Ashfield in recover-
ing and receiveing the Said rents.
And whereas Since the Issueing of the Said Procla-
mation one Peter Sonmans has taken upon him selfe
without Any Application made to me to receive the
rents of the Said Genei'all Proprietors under pretence
of his haveing formerly had Powers from Some of the
Said Proprietors for his collecting and receiveing the
Said rents to which powers being Examined before me
in councill and the Allegations and Pretentions of the
Said Peter Sonmans for receiveing the Said rents the
Said Sonmans did not by Aiy Suficient vovchers make
out the Allegations contained in his memoriall or
1726] ADMINISTIIATION OF GOVERNOR BURNET. 125
representation made to me And it haveing not ap-
peared to me and his Majesties councill that the Said
Peter Sonmans had then Any Authority to be the
Receiver of the rents of the Said proprietors
I have therefore upon Apphcation made to me by
the Said Generall proprietors thought fitt by the
advice of his majesties councill of this province in
order to promote the peace And Security of his Majes-
ties good. Subjects And as much as may be prevent
Disputes and controversies that may Arrise touching
and. concerning these matters to PubHsh And Declare
tliat m' Richard Ashfield has taken the Oaths Ap-
pointed to be taken And Given Security According to
his majesties Directions in that behalf e contained in
his Royall Instructions to me And it not appearing to
me that the Said Peter Sonmans or Any other person
has power or authority to collect & receive the rents
of the Said GeneraU proprietors except the Said
Richard Ashfield who is constituted and Appointed for
that purpose All Justices of the peace Sheriffs and
other officers for the time being in this province are
hereby required to be Aiding helpeing and Assisting to
the Said Richard Ashfield from time to time in recov-
ing and receiveing the said Rents And Arrears of
Rents Given under my Jicmcl and Seal att Arms in
councill at Perth Amboy this twenty-third day of
July in the twelfth year of the Reign of our Soveraign
Lord George over Great Britain france And Ireland
King Anno Dom'i 1726
By his ExceUencys Command
Ja Smith Secry.
136 ADMI]SriSTEATI02!f OF GOVERNOR BURNET. [1726
Order in Council relating to Ecclesiastical Jurisdic-
tion in the Plantations.
[From P. R. O. B. T. Plantations General, Vol. X [8], L 70, Plant. Gen.l
Copy of an Order in Council of the 19*1" of
August 1726 directing a Commission to
pass under y^ Great Seal relating to y®
Ecclesiastical Jurisdiction in y^ Plan? &
appointing a Court for Hearing Appeals
pursuant to y^ s*^ Commission.
At the Court at Kensington
the 9^? day of Augf 1726
Present
The Kings most Excell^ Majesty in Council
Whereas the Right Reverend the Lord Bishop of
London did some time since humbly represent unto
his Majesty at this Board the Uncertaintys in his
Spiritual Jurisdiction over the Churches in his
Majestys Plantations and the Difficultys attending the
Exercise of the same, and prayed that the Extent of
his said Jurisdiction might be Explained and Ascer-
tained— His Majesty v^^as thereupon pleased to ref err
the Consideration thereof to a Committee of the Privy
Council — And Whereas the said Lords of the Com-
mittee did this day Report to his Majesty that having
considered of the severall Points, wherein it might be
proper for the Lord Bishop of London or his Commis-
saries to Exercise such Ecclesiastical Jurisdiction, they
had thereupon caused a Draught of a Commission to
be prepared for putting the same in Execution — Which
Draught the said Lords of the Committee humbly
1726J ADMINISTKATION OF GOVERNOR BURNET. 127
offered as proper to be forthwith past under the Great
Seal of Great Britam. His Majesty in Council taking
the same into Consideration was pleased to Approve
of the said Draught of a Commission which is here-
unto annexed and to order that the same be forthwith
past, under the Great Seal of Great Britain — And
his Majesty is hereby further pleased to Order, that
the Blanks, left in the Draught for the Names of the
persons to Compose a Court, for hearing Appeales
from any Sentences that shall be given in the Planta-
tions, by virtue of the said Commission, shall be filled
up with the names of the following Lords, Viz"; —
William Lord Arch Bishop of Canterbury and the
Lord Arch Bishop of Canterbury for the time being.
Peter Lord King Lord High Chancellor of Great
Britain and the Lord High Chancellor or Lord Keeper
for the time being.
Lancelot Lord Arch Bishop of York and the Lord
Arch Bishop for the time being.
The Lord High Treasurer for the time being.
William Duke of Devonshire Lord President of
his Majestys most Hon''.'^ Privy Council and the Lord
President of the Council for the time being.
Thomas Lord Trevor Lord Keeper of the Privy Seal
and the Lord Privy Seal for the time being.
Lionel Duke of Dorset Lord Steward of his
Majesty's Household and the Lord Steward for the
time being.
Charles Duke of Grafton Lord Chamberlain of
his Majestys Household and the Lord Chamberlain for
the time being.
Thomas Holles Duke of Newcastle — One of his
Majesty's Principal Secretaries of State and the Prin-
cipal Secretary of State for the time being.
Thomas Earl of Westmoreland
James Earl of Berkley First Commiss"; of the Ad-
miralty and the Lord High Admiral and First Com-
missioner of the Admiralty for the time being.
128 ADMINISTEATIOlSr OF GOVERNOR BURNET. [1726
Charles Lord Visco?' Townshend One of his
Majestys Pi'incipal Secretaries of State and the princi-
pal Secretary of State for the time being.
Edmund Lord Bishop of London and the Lord Bishop
of London for the time being.
Sf Spencer Compton Kn* of the Bath Speaker of
the House of Commons and the Speaker of the House
of Commons for the time being.
S? Robert Walpole Ku: of the Garter Chancellor
of the Exchequer and First Commission'! of the
Treasury and the Chancellor of the Exchequer and
first Com miss'; of the Treasury for the time being.
S^ Robert Raymond Kn*. Lord Chief Justice of his
Majestys Court of Kings Bench and the Lord Chief
Justice of the Kings Bench for the time being.
S? Joseph Jekyll Kn* Master of the Rolls and the
Master of the Rolls for the time being.
S? Robert Eyre Kn*. Lord Chief Justice of the Court
of Common Pleas and the Lord Chief Justice of the
Common Pleas for the time being,
being members of his Majesty's most Hono^'^ Privy
Council, And that any three of the said Lords do
make a Quorum. And One of his Majesty's Principal
Secretaries of State is to prepare a Warrant for his
Majesty's Royal Signature in order to pass the said
Commission under the Grreat Seal accordingly,
1720] ADMINISTRATION' OV OOVERNOR BURNET, 1^9
Letter from Governor Burnet to the Duke of Newcastle.
[Fi-om New York Col. Docts., Vol. V, p. 8C'.i. 1
New York 20**^ Dec"" 1726
My Lord.
I have already had the honour of answering Your
Grace's letter of the 7"' of July last, on the -1"' Inst: of
which letter and of all the papers contained in it
relating to the French and the Indians I have here
with enclosed copys —
I had writ to my Lord Carteret in 1722 that some
inhabitants of New Jersey had a prospect of silver
mines, but would make no discovery of them unless
they could be assured what share they should be
allowed in them, in case those mines were still in His
Majesty.
The Lords of Trade to whom this letter was referred,
have taken the opinion of the Attorney and Solhcitor
Generall, which is, that these mines are still in the
King, and did not pass to the Grantees of New Jersey.
I have not lately heard from these people nor can I
give them any encouragement to make a discovery,
unless Your Grace shall think fit to obtain his Maj*'''
instructions to me, what share His Maj'*^ will be
pleased to empower me to offer to them in case of a
discovery.
This is the first matter I mentioned to the Lords of
Trade in my letter to them, of the 19"' inst: relating to
the affairs of New Jersey, of which I herewith enclose
a copy to Your Grace.
The next thing in my letter to their Lordf' is, to
press them to consent to the application of the interest
arising upon the bills of credit in New Jersey to the
current service of the Govern* as the first interest, has
already been ; their Lords'" have objected that such a
variation from the first appropriation of the interest
10
130 ADMlNISfEATlON OF GOVERKOB BtJRNET. [lT26
which was to sink the bills, must hurt their credit,
which apprehentiou I have endevour''d to remove by
two certificates, one of the Merchants of New York,
and the other from the Merchants of Am boy in East
New Jersey, by which it apjDears, that the bills are in
better credit since this new Act altering the application
of the alteration may be safely made for the time to
come, since this new Act, altering the application of
the coraioleat without it, and that it is thought very
hard to lay new Taxes, upon the people, while there
is so much money lying dead in the hands of the
Treasurers of the Province. * '• * * -
There is a vacancy in the Council of New Jersey, by
the death of M' David LyoU,' in whose room I beg
leave to recommend to Your Grace M' Cornelius van
Horn", for His Maj'- ' appointment whom I have like-
wise proposed to the Lords of Trade in my letter of
the 19th inst: he being a person of a very good estate
and every way well qualifyed — I am with the
greatest respect
My Lord Your Graces
Most dutiful and most obedient humble servant
W. Burnet.
Governor Burnet to the Duke of Newcastle.
I From N. Y. Col. Docts., Vol. V, p. 824.1
My Lords [Extract.]
New York 24*^ Aug: 1727
Upon receiving by a private hand the printed Procla-
mation and Declaration of His ))resent Maj*'', on the
20"' inst: I did on the 21'^ proceed to proclaim His
' Mr. Lyell died January 35th, 1726, aged 55, and was buried in Topanamus Ceme-
tery, Monmouth County, where his head-stone may yet (1883) be seen. For notice
of his family see Whitehead's Contributions to the Early History of Perth Amboy,
p. 84.— Ed.
2 Nomination of Mr. Van Horn confirmed May 31st, 1727.— Ed.
172(iJ ADMINISTRATION OF GOVERNOR P.URNET. 131
Maj'-' King George the second with the usual solemnities
at New York, and am now going to the City of Perth
Amboy, in New Jei'sey to do the same. * * * *
I am with great respect Your Grace's
Most dutiful and most obliged humble Servant
W Burnet.
Governor Burnet to the Lords of Trade.
[From N. Y. Col. Docts.. Vol. V. p. 827.]
26"^ August 1427
Mij Lords,
I have Yesterday proclaimed His Majesty in Perth
Amboy in New Jersey with the usual solemnities, I
hope I may depend on Your Lordships favourable
Eecommendation to His Majesty: I know of no com-
plaints against me, nor any ground for any, nor of any
that ever were made, but by the Merchants, upon ac-
count of my Endeavours to strengthen this Province
and weaken Canada, which has been always my prin-
cipal Aim, and in which I flatter myself I have done
some service that may be an inducement to continue me
in these Governments, where I shall always make it
my study to act as becomes. My Lords,
Your Lordships' most obliged and most humble
Servant,
[Endorsed] Rec'd Dec^ 20*'' 1727'
' The delay in the receipt owing to the vessel having encountered a storm, which
obliged her to put back to refit, and she did not sail again until the latter part of
October. N. Y. Docts.. Vol. V.. p. &41.— Ed.
133
.^DMlNlSTRATiOX OF GOVERNOR BURNET.
[m(j
Account of the Money received and paid by
1720, to September, 1T25. Enclosed in the
I From p. R. O. B. T. New
An Accompt of all the Moneys Received into
ern Division of the Province of New
Toward the Support of this his Majestys
day of September one thousand Seven
Third day of September one thousand
Th
e 7reasurer of the Western Division
D
Y*
1732-3
Hunt-
erdon.
Bur-
lington.
Glouces-
ter.
To moneys rec'd of M'; Joseph Peace Collec-
tor of the said County the Sum of
To moneys rec'd of M'' Thomas Hunloke
Collr of the s? County the Sum of
To moneys rec'd of Mr Joseph Cooper Coll;'
of the s'' County the Sum of
£
77
138
95
148
36
s.
9
4
d.
2-1
'T 1
Salem.
To moneys rec'd of Mr Thomas Hill Coll!-
of the sfi County the Sum of
18
9
r,
Cape
May,
To moneys rec'd of Richard Downes Coll'! of
the said County the Sum of
Carried forward £
496
1
—
172GJ
ADMINISTRATION' OF (iOVERNOU IJUKNKT.
13;
the Treasurer of West Jersey from Scptemher, .
foregoing letter.
Jersey, Vol. DI. G 25.]
and paid out of the Treasury of the west-
Jersey from the Several Counties thereof
Governm!^ Commencing the Twenty third
hundred and Twenty and Ending the Twenty
Seven hundred and Twentv five —
Per Contra
Cr
1723
Hunt-
erdon.
Bur-
lington
Glouces-
ter.
Salem
Cape
May.
Jany 12.
14
16
By Cash p'' M'; William Trent Representa-
tive for the s'' County for his Attendance
in the Gen' Assembly P' his Warrant the
Sum of
By Do p. M!" Thos. Lambert Representative
for s'^' County P' his Warrant the Sum of. .
By Cash p'' M'' Jon'.^ Wright Representative
for the Town of Burlington for his Attend-
ance in the Gen! Assembly as P' his Warrf
the Sum of.
By D? pd Mi" John Allen RepresentatiYe of
ut Supra P' Warrt ye Sum of
By Cash pd My Sam! Cole and M!" John
Miekle Representatives of ye Said County
for their Attendance &e as P' their Warr's
for the Sum of
By Cash p^ Mv Isaac Sharp one of the Rep-
resentatives for s? County for his Attend-
ance in the Gen! Assembly P' Warr^ for
the Sum of
By Cash p^t ^,[v Bartholomew Wyat for Ditto
Bv Cash p^i Mi; John Mason for Ditto.
ByCashpti Mi' Thomas Mason for Ditto...
By Cash p;^ Mr Humphrey Hughes Repre-
sentative for s^. County for his Attendance
in ye Gen' Assemblv P' his Warr' ye Sum
of "
By Cash p'.i M'; Nathaniel Jenkins for Ditto
Bv moneys p'' Peter Bard Esq!' P' War-
'rant N? (10
By moneys p? John Wills Esq'; P' War-
rant (7
Bv moneys p*^ William White Door keeper
&cP' Warrt (16
By moneys p'' his Excellency y^ Govern';
■p' Warrant . (1
Carried forward £
1?
14
15
15
31
16
16
16
12
16
16
12
10
8
50
264
15
15
15
10
10
134
ADMINISTEATION OF GOVEENOE BUENET.
[1726
1723
Hunt-
erdon
Bur-
lington
Glouces-
ter
Salem
Cape
May
Brought forward £
To moneys rec'd of M^ Joseph Peace Coll!" of
said County the Sum of
To moneys rec'd of Mv Thomas Hunloke
GollV of Said County the sum of
To moneys rec'd of M'.' Joseph Cooper Coll';
of s? County y? Sum of
To moneys rec'd of M'' Thomas Hill CollV of
s'^ County y? sum of
To moneys rec'd of M'; Richard Downes Coll";
of s<} County the Sum of
To moneys rec'd of John Parker Peter Bard
Eobert" Lettice Hooper and Ja? Trent Esq';
the Signers of the Forty thousand pound;
in Bills of Credit made Current by Virtue
of an Act of the Gen\ Assembly of this
Province of Xew Jersey, Entituled an Act
for an Additional Support of this Govern-
ment and making Current Forty Thousand
pound in Bills of Credit for that & Other
purposes therein menc'oned to be by the
s'} Treasurer Disposed of in such manner as
in & by the said Act, & Votes of the House
of Representatives is directed, the Sum of.-
Carried forward ,
496
80
181 00
90 8
n
H
151
33
00
lOf
1000
00
2031
14
31
1726]
ADMIlSriSTRATION' OF GOVERNOR BURXET.
135
21
Feby 13
April 25
May 5
13
1733
June 14
Nov
23
Doe!"- 2
Jann- 20
22
Feb. 1
3
15
March 13
14
Brought forward . _ _ . £
By moneys p'l for y^ use of Jolni Reading
Esqr P'Warrt ." (9
By moneys p^' his Excelicy the Govern^ P'
Warrant (19
By moneys p'' Jeremiah Basse Esq"" Attry
Gen! P' Warrt (24
Bv moneys p<i for the use of M"" Kearney P'
Warrant.. (12
By moneys p^ his Excellency the Govern^ P'
Warrant (25
By moneys p^ my Self as Treasurer P' War-
rant (..
Bv moneys p*' Ja^ Smith Esq^ Secretary P'
"Warrant (21
By moneys p? D? P' Warrant (27
By moneys p<i Jo^ Warden Serj? at Arms P'
Warrant (15
Bv moneys p^ M'' John Haskoll doorkeeper
■&c P' Warrt (23
By moneys p^i M^ Bass Attorney Gen' P'
Warrant. (47
By moneys p<' his Excellency the Govern'' P'
Warrant (28
By moneys p^ for the use of Ditto P' War-
rant (31
By moneys p^ for the use of Ditto P' War-
rant (34
Bv monevs p'l M'; John Haskoll P' War-
"rant. . .' (48
By monevs p^ M'" Jamison Late Chief Justice
P' Warr!^ No 20, 26 & 29
By moneys p'.i My Self P' W^arrant (58
By moneys p? Ja? Smith Esqf Sec'ry P'
"Warrants (30 "& 33
By moneys p^ Coll Hooper's Warr^ P' Speak-
er Certificate
By moneys p? Mr Jacob Doughty P' War-
rant _ (32
Bv moneys p^ Mr Lyel P' Warrant .(4
By moneys p'' M"; Tho: Hunloke P' War-
rant (28
By moneys ^ Ml" Jenkins P' Warrant (..
By moneys p^ Francis Collins Serj!' P' War-
rant. __" .' (52
By moneys p^ Ditto P'; Warrant (38
By moneys p'.' P' Speakers Certificate to M'."
Jon!* Wright
By moneys pf' W;" White door keeper P' War-
rant (54
By moneys Paid to Jo'' Reading Esq"; P'
"Warrant N? 44
By moneys p'} Ditto P' Warrant 35
Carried forward _£
264
4
62
80
26
62
30
6
6
10
15
10
62
62
62
5
75
20
12
19
10.
10.
10.
3
10
20
10
o
10
10
10
5
5
10 ,.
10 j.
10
10
4
13
8
17
10
1020
136
ADMINISTRATION OF GOVERNOR BURNET.
[1720
1724
Hunt-
erdon
Bur-
lington
Glouces-
ter
Salem
Cape
May
1725
Hunt-
erdon
Bur-
lington
Glouces-
ter
Salem
Cape
May
Brought forward £
To moneys rec'd of M;" Joseph Peace Coll"; of
said County the Sum of
To moneys rec'd of M'; Tho? Hunloke CollV
of s'l County the Sum of
To moneys i-ec'd of Mr Joseph Coojjer CoU!"
of s^ County the Sum of
To moneys rec'd of M'; Thomas HUl Coll!"
of said County the Sum of
To moneys i"ec'd of Kichard Downes Colli' of
s^' County the Sum of
To moneys rec'd of M'; Joseph Peace Coll'; of
s[' County the Sum of
To moneys rec'd of M!' Thomas Hunloke
Coll'; of said County the Sura of
To moneys rec'd of M'; Joseph Cooper Colli"
of s"^ County the Sum of . . . _ . .
To moneys rec'd of Ml' Thomas Hill Coll'; of
s^' County the Sum of
To moneys rec'd of Ml" Richard Do\vnes Colli'
of si' County the Sum of
Carried forward
2081
51
85
59
105
21
51
85
59
100
21
14 2|
9 __..
1
15 .
12
2
14
9
15
12
3
14
2673
19
111
1720]
ADMIMSTRATION OF (iOVKUNOR lUKN'KT.
13:
liiio
IG
17
19
Mav 15
1724
June 20
July 4
9 '^'>- 3
11
Jan"- 26
Feb^ 33
Marc'i
21
Brought foi-ward.
By moneys p^ Matthew Champion P' War-
rant 27
liy moneys p*' Humphrey Hughes P' Speak-
ers Certificate
By moneys p^ Jacob Spicer Esq'." P' War-
rant. 24
By moneys p'.' Sam\ Cole Esql' P' Speakers
Certificate
By moneys pfi John Kay Esq'" P' Warrant. 25
By moneys p^ the Speaker P' Order
By moneys p? Peter Bard Esq!" P' War-
rant 45
By moneys p^ Ditto P' Warrant 10
By moneys p'^ John Wills P' Warrant 7
By moneys p? Ditto P' Warrant 43
By moneys p'' Mv Dickenson Shepperd P'
Warrant... ...38
By moneys p? Thomas Mason P' Warrant. 29
By moneys p^i Jeremiah Bass Esq!" P' War-
rant 31
By moneys p? Tho: Mason P' Certificate
By moneys p<' my Self P' Certificate from the
Speaker
By moneys p* to y? use of his Excellency P'
Warrant 37
By moneys p^ Ja? Alexander Esq'." P' War
rant ..69
By moneys p^' for the use of his Ex^y P' War-
rant 53
By moneys p'l my Self P' Warrants. .67 & G8
By moneys p<' Jas Smith Sec'rv P' War-
rants./. ."36, 39, 62
By moneys p^ myself P' Warrant 88
By moneys p^* Ja^ Smith Esq"" &c P' War-
rants.." 66, 73, 76
By moneys p'} his Excellency the GoyernV P'
"Warrant 60
Bv moneys p<> Ditto P' Warrant 64
By moneys pd M>: Haskoll P' Warrant.. .80
By moneys p^ to y9 use of M'" Jemison P'
Warrants 61, 65
By moneys p'l John Parker Esq!" for Chang-
ing old Bills
By moneys p'.' Dan! Smith for Ditto
By moneys pi' Dan'. Smith P' Warrant 34
3y moneys p^ John Mason P' Speakers Cer-
tificate
By moneys p!' John Mason P' Warrant N"26
By moneys p'.' Bartho!ome\y Wyat P' Speakers]
Certificate "
By moneys p'.' John Hugg P]sq'; P'Warrant.9
By moneys p';' Ditto P' Warrant 39
Carried forward... £i
1020
10
22
10
21
10
21
20
10
10
20
10
10
10
21
20
62
5
63
20
10
12
8
10
16
10
18 15
loL..
18| 15
I
62 10
62 10
5
50
7
31
10
21
10
21
10
21
00
00
12
5
1758
13
12
3i
9"
16
24
J 38
ADMINISTRATION OF GOVERNOR BURNET.
[1726
1735
Brought forward £
To moneys rec'd of Ja* Alexander Esq!" on
the aeco^ of the Excise the sum of
To moneys rec'd of Jeremiah Bass EsqV on
acco^ of Ditto
To moneys (reported to be in yc Treasury by
a Committy appointed to Inspect into the
Treasurer's acco**) & rec'd from the Com^
mission^* of the Loan Offices of y'' Several!
Counties of the Western Division of this
Province the sum of
To moneys rec'd of Mr Joseph Peace Colly of
the County of Hunterdon the sum of Sev
enty-four pounds and >Six peiice being the
Sum appointed the s'} County to pay tO'
wards the Tax of one Thousand pounds P
Annum for the Sinking the Bills of Credit
oi this Province Commonly called the land
Tax
To moneys rec'd of Mr Tho : Hunloke CollT
of the County of Burlington being in part
of the Sum ajipointed the said County to
pay ut supra, the sum of
2673
36
19
13
17
111
9
596
74
00
1171 9
m
3506
11*
1726]
ADMINISTRATION OF GOVERNOR BURNET.
130
April
1725
30
Mav 13
15
June 1
19
July 17
Septembl' 2
Noveinb"; 3
October 6
Jan'- 3
19
Feb-- 16
May 13
Brought forward £
By moneys p*' John Mickle P' Speakers Cer-
tificate .- -
By moneys p'' Joseph ("ooper P' Warrant,. 30
By moneys p'.' Thomas Lambert P' Speakers
Certificate
By moneys p^' Benj? Clark P' Warrant... 30
By moneys p^' Robt Eaton in Exchf of old
Bills with Intr
By moneys p^^ Ijaurence Silk in Exch^ for
one bill ...
By moneys p^^ M^ William Bradford P'
Warri 59
By moneys p? Ja? Trent Esq'; P' Warrant. 58
By moneys p^' the Chief Justice P'Warrant 75
By moneys p*! his Excellency the Govern"' P'
Warrr 72
By moneys p'' in full of y"^ Late chief Justice
*Mr Trents Warrt ... " .82
By moneys p'' to y*^ use of the Chief Justice P'
Warrt ...; .,75
By moneys p^ M'' Jemison on y^ Ball, of his
Warrt" 71
By moneys p^.' Ja'* Smith Esq^ P'Warrant. 47
By moneys p'} Peter Bard Esq!- P' Warrant 56
By moneys p'j Isaac Sharp P' Warrant 23
By moneys p'.' Ditto P' Certificate
By moneys p'' my Self as Treasur"" P' War-
rant '..-. .64
By moneys p^ M'." Bass in Exch* for old Bills
By moneys p^ Samuel Furins in Exeh^ for
old Bills the Sum of £31 : 13: 0 ^\1th Litr.
for 5 Years 3 mo & 25 days added to the
first principal makes £45 : 23. York in procl.
is
By moneys p^ M^ Hollin.slicad in Exch« for
old Bills the sum of 3£. 6 shill : with Intr.
as the Law directs
By moneys p'l my Self as P' Warrant.. N" 75
By moneys p'' William Trent Esq" Ch: Jus-
tice P'' Warrt 67
By moneys p'' to the use of Ms Excellency P'
'Warrt 43
By moneys p<* to the use of Ditto P'
"Warr!*.' 74, 81
By moneys p<' to the use of Ditto P' War-
rant.." 84
By moneys p'' to the use of Ja^ Smith P'
"Warrant 72
By moneys p? to the use of his ExceU?^ P'
Warrant 94
By moneys p'' his Excellency y^ Govern'' half
incidts P' Warrt 1
Carried forward £
1758 16
21
10
21
10
2 3
1 2
155 ..
45....
33 6
62 10
25 ....
33 i 6
7 9
20 8
45....
10 ....
15l ...
38; 13
24
4
5
00
00
0
25
00
62
10
125
00
....
62
10
10
00
62
10
250
00
...
3932 12
1
6
4
o
l.i
140
ADMINISTRATIOX OF GOVERNOR BURNET.
[1726
1725
Brought forward £
To moneys rec'd of Joseph Cooper Collr of y9
County of Gloucester Eighty five pounds
fifteen shill^ being the Sum appointed y?
s*' County to pay ut Supra, the Sum of —
To moneys rec'd of George Trenchard Collr
of the County of Salem one hundred forty
four pounds Two Shillings being the Sum
appointed ut Supra
To moneys rec'd of Richf' Downes Coll'; of
the County of Cape May thirty one pound
four Shill? and Sixpence being the Sum
appoivited ut Supra
3506
85
144
81
15 ..
3717
51
Burlington y^ 5'.'' Septeinb,' 1720
Then personally came and appeared before me" Peter Bard Esq: One of
liis Majesty's Council and Second Judge for the Province of New Jersey
in America, John Allen Esq' Treasurer of the Western Division of the
Province aforesaid who on his solemn Oath which he took on the holy
Evangelist of Almighty God Did Depose That the Accouiit herewith
Shewn is True both as to the Sums bv liim received in his Capacity above-
said of the Countv therein mentioned, and of his payments and Disburse-
ments thereof, And that the Sum of three thousand seven Imndred and
17^6
ADMIXISTUATIOX OF GOVKRXOK lURNET.
141
1725
Brouffht forward .
.£
7'"- 10
24
Nov 15
10'"- 8
Bv jnonev-s p'' Joliii Wills ICsq'' one of hi?
'Majis council P' Wart 1
Bv moneys p''John lluifgEsq"' Ditto P' War-
rant. _ ■ V. 8
Bv moneys p'' Peter Bard Esq'' ut supra P'
"Wan-t 1 -fi
By moneys p'l Jolm lieading-Esq'' ut supra P'
"Warrt IC
Bv moneys p'' Fra Collins Serjt at Arms P'
i "Warrant _...' 17
jBv moncvs p'' M'' .leukins Kepresentative
■&c P' Ccrtilicatc
By moneys p'.^ M". Humphrey Hughes P' Cer-
I tificate ....
By moneys p'.' M'; John Mason represent P'
Certificate
By moneys p'' M'; The: Mason D? P' Certifi-
cate
By inonoys p'.' M? Barth. Wyat P' Certifi-
cate ...
By moneys p^' M'.' Sara' Cook representa. P'
Certificate
By moneys p'.'M'/ John Mickle P' Certificate.
By moneys p'.' M"" Tho: Lambert P' Certificate
By moneys p^' M'.' Jonathan Wright P' Certifi
cate
By moneys p'j my Self P' Certificate
By moneys p'l M'; Malilon StaceyP' Certificate
By moneys p'.' my Self P' Warrant N^ 97
By moneys p''mv Self P' Warrant N" 103
By moneys p'.i M'; Ilaskol. .P' Warrant N^ IOC
By moneys p^ M'; Smith.. P' Warrant N? 11.
By moneys p':' Mf Bradford.P' Warrant N" 16
By moneys p't M"' Smith P' his Warr's N" 93
99, 105
By Sundry Bills of Credit Cancelled at Perth
Amboy before his Excellency the Govern';
in Councell pvirsuant to an Act of the
Gener' Assembly of this Province, Enti-
tuled an act for an additional Sujaj^ort of
this Governm^ & making Curr' Forty
Thousaiid poimds in Bills of Credit &e as
P' Receipt Dated July 14: An" Do? 1726
the Sum of. .
2932
17
11
15
10
10
23
23
21
21
21
20
20
20
20
20
9
10
5
7
19
8
18
3241
448
3G89
12
14
8
6
10
10
14
14
18
18
18
14
14
2
2
2
18
00
00
10
10
00
15
00
9
00
seventeen pounds Eight Shillings and five pence three farthings is as this
deponent verily believes Exactly what he hath rece'.'from the Countys of
Hunterdon, Burlington, Gloucester, Salem and Cape May from the
Twenty third day of September anno. Doni : t)ne thousand Seven hundred
& twenty to the Twenty third day of September one thousand Seven hun-
dred and Twenty five — Sworn before me
Peter Bard
143
ADMINISTRATION OP GOVEENOR BURNET.
[1726
Account of Money received and paid by the Treasurer
1726, enclosed in
[From P. R. O. B. T. New
Michael Kearney Treasurer of the Eastern Di-
Snpport of Governm* for
Dr.
1738-4
Dece'- 5 &
Jane": 31.
Jan'ry 6".>
D" 13
Jan'ry 22'd
Jan>y 80
1724
March 25
April 30
May 6
1724-5
Jan'- 9tii
11
22d
flfeb'v 24
flfeb'-y 25
1724
June 14 &
Aug 25
To Cash ree^i of Moses Eolfe Collector of;
Middlesex County
To Cash Recfi of Nathaniel Bonnell CoUectorj
of Essex County £109: 14: 10i|
To Cash Recti of 0° 32 : 13 : 6
To Cash rec^ of William Lawrence Jun";
Collector of Monmouth County
To Cash rec<' of Michael vanveighty Collector
of Somerset County
To Cash rec'i of William Provost Collector
of Bergen County
To the farmers of the Excise .
To the farmers of the Excise .
To Cash rec'i of Nath Bonnel Collector of
the County of Essex
To Cash )-ecci of Michi Vanveighty ColK. of
the County of Somerset... ...
To Cash reed of W™ Lawrence Junr Collec-
tor of the County of Monmouth.
To Cash rec'd of Moses Rolfe Collector of the
County of Middlesex
To Cash rec'd of Will"' Provost Collector of
the CV)unty of Bergen
To the farmers of the Excise.
To the farmers of y? Excise..
£
110
142
176
41
86
172
85
815
89
27
117
67
56
70
41
s.
10
7
13
14
]6
9
18
12
17
10
19
8
12
7i
4i
0
9
3i
4i
6
2
2
471 .-..I 10
J 720]
ADMINISTRATIOX OP fiOVKRXOK Bl'K^'ET.
143
of East Jersey from Di-cemhcr 1728 to October
forefjoing letter.
Jersey, Vol. Ill, E. i-'G.J
vision of y'' Province of New Jersey for
the year 1723-4 1724, 1725.
Cr
Decern 5 Bv his Excellency Warrt No. A 31£ 62: 10
TiuiG !By Do .' A34: 62:10
19
"ffeb
'■y 5
11
25
26
I\iarch 3
25
Apl
25
29
30
May 7
Jairrv 22
£Eeb: 3
25
& Aug 18
25
By Jereiiiiah Bass his Warrt as attorney
Gen*-." \
By Ja: Smith 2 war'*' as Clark of ye Councill
By his Excellency.^ 2 Warr'« N'.' 40 & 43. . . .
By David Jamison Chief Justice Warr'.**
By the treasurei-s Warrants
By Jno Haskell Doorkeeper of y« Councill
"Warr...
By David Jamison warr^ as < hief Justice
By Zaeh: Weeks Warr' as Serjeant at Arms.
By his Excellencys warr^ No. 40£ 62: 10
By Do warrf No.37£ 62: 10
£
By his Excellencys Warr' No A50 £62: 10
By Do ■ Warrt N? B50 £62: 10
By David Lyell warrt as Councellor for
Wages ....
By Jolm Anderson as D" for d^
By David Jamisons 4 warr;* as Chief Justice
By Ja Smith 2 warr's as Clark of y? Councill
By INlich! Kearnys warr^ as Treasurer. . .
By his Excellency 2 Warrt ^o 53 & (jq
By John Ilaskels warr' as Doorkeeper of the
Councill __
By his Excellencys 2 Warr^s N" 64 & 72.. .
By Ja Alexander 2 warr!^ as attorney Geu'J .
By ml' T rents Warrt aa Chief Justice.
By Ja Smiths Warrf* as Clark of ye Councill
By his Excellency tiie Gov!' Wari-f N'.' 74..
By Mich! Keaniy Treasurers Warr's
125
14
12
125
50
20
10
25
9
125
125
14
5
100
12
10
1251
i
5
125
20
25
12
62
15
390
o
10
10
782 6
10
10
144 ADMINISTRATIOK OP GOVERXOR BURNET. [17ii6
1725-6
Jan'>- 11
ffeb'-y 9
March 3^^
1726
Apr" 7
July 16
23
To Cash rec'i of Nath Bonnell Collector of
the County of Essex
To Cash rec^ of W'" Lawrence Jim Collec-
tor of the County of Monmouth
To Wl" Provost Collector of the County of
Bergen
To Cash rec'.' of Mich' yauveighty, Collec''
County of Somerset .
To Cash reel' p'Moses Rolfe orders Collector
of Midx County
To Cash p' moses Rolfe Collector of said
county
£
s.
104
18
117
17
56
19
27
2
52
17
27
13
386
172(5]
ADMINISTRATTOX OF GOVERXOR^BUEN KT.
145
C,
Seb-y 18
March 2
Mav 18
38
July 14
Sep. 10
By liis Excellency Warrt No. 81
BV his ExcellencV 3 Warrt* No 84 No A 91
B 91 :
By his Excell warr' No A 94
By Kobt Lett Hoopers Wai-r^ as Cliief Jus-
tice
By D<; Wan-t as Chief Justice
By D? Warrt as Chief Justice
By Mich'. Kearneys Warr* as Treasurer. __
By m'.' Trents warr* as Chief Justice
By m'; Ilaskells warrf as Door keeper of the
Council L _ - . .
£
62
s.
10
187
62
10
10
25
25
25
--
---
15
_ . _ _ 1
25
1
2
10
—
430
11
146
ADMINISTRATION OP C40YEIIN0R BURKET.
[1726
An Accoimt of '^(M)"' Baised by virtue of An Act of
Assembly passed att Burlington Anno S^. R R
Georgij arid Paid out by Michael Kearny Treas-
urer of the Eastern Division of tlie province of
Netv Jersey viz^-
1724
March 5'.''
To Josiah Ogden Warr* as Assembly Man in
1720-1 £10: ..: ..
To Do Certificate from the
Speaker as Assemblyman in
1723 21: 12: ..
£
31
10
31
18
10
10
31
10
44
27
20
6
7
21
1000
5
s.
12
d.
To W'." Eiers warr' as Asssemblyraan
To W"' Lawrence warr^ as As-
semblyman in 1720-1 £10: .-: ..
To Do warr' as assemblyman
in 1723 .£21: 6:..
6
18
To Garrat Scanck Certificate from the Speak-
er as assemblyman
20"'
To John Harrison Warr' as assembly man
in 1720-1
21
To Thos Hall do as Do in Do
12
To John Kinsey Do as Do in Do . . £ 10 : . - : .
To Do Certificate from 'ye
Speaker as assemblyman in
1723 .--.£21: 12: ..
To Jno Johnston Jun^" Warr' as Councellor
To W'" Provost Certificate from
the Speaker as assembly man
in 1723 £22: 4: ..
To Isaac Vangezen Certificate
from Do as Do in 1723 £22: 4: ..
24
8
14
4
15
G
1724
Api.i 3
To Jno Parrkers Warr' as Coun
cellorinl721 £10: ..: ..
To do Warr' as Councellor in
1723 £17: 14: ..
7tii
To Jno Hamilton warr* as
Counciinl721 £10: ..: ..
To Do as Councellor in 1723... 10: 4:..
9
To Zach Weeks warr^ as Serjeant att Arms.
ToJno Wardens Do as D? in 1721
To David Lvell as Councellor
To his Excellencys Warrant
To Samuel Leonards I)o as assemblyman...
Carried forward £
'14"
9
128G
1726]
ADMINISTRATIOK OF GOVERNOR BURNET.
u:
1724
14
Apii 19
27
May is
4tii
6
25
29
June
10
Sep'-
15
Oeto^
26
Brott forward £
To Tho? Leonard D° as assemblyman
To James Alexander Warr^ lor Services
done --. -_
To 1)0 Warr. as Councellor in 1723..:
To Jos Bonnells Warr^ as As-
semblyman in 1721 £10: -.: --
To do Certificate from the Speak-
er as assemblyman in 1723--. 21: 12: .-
To Jno Andersons Warr^ as
Councellor in 1721 £10 :
To Thos Gordon Warrant as
Councellor in 1721 10 :
as assem-
To Moses Rolfe warr'
blymanin 1721 £10: ..:
To d9 C'ertificate from Speaker
as assemblyman in 1723 £21: 12:
To Peter Bards Warr' as Second Judge
To Peter la Haupes Esq'' Warr* p't m-
Trent
To John Parkers Warr as Signor of the
Bills of Credit
To W"' Trent Warr* for additional Sallary
as Chief Justice
To Rob"^ Lett Hoopers Warr* as Signer of
y« Bills of Credit
To James Alexanders Sallary as Att'y Gen-
eral
To Mich Kearny Warr"^ as Clark of the as-
sembly
To Do Warr't for transcribing ye minutes
of the assembly..
To Do Warrt for Services done in 1721...
To Jam Smith Warr' for addiccionall Sal-
lary as Clark of the Councill
To Elisha Lawrence Warrt as Assembly man
in 1721
To Hessell petersous Warr' as do in do
To Lewis Morris his Warr' as Councell'r in
1721 _-.
To Philip Schuylers Warr' as assemblyman
in 1721
To Mich' Kearny additional Sallary as
Treasurer. .
To Jam Alexander warr's for additionall Sal-
lary as attorney Generall
To Peter Bards warr' as Second Judge
To Mich! Kearny Warr' as Treasurer
To Sundxy persons in Exchange of Old Bills
and Intrest thereon
Carried forward £
1280
21
40
21
31
20
31
25
100
45
50
45
20
28
10
20
10
10
10
10
10
5
20
25
5
844
12
13
16
2745
10 10.',
5 10*
148
ADMINISTRATIOK OF GOVERNOR BURNET.
[1726
1724
1725
Aug 18
27
Brott forward £
To W'" Trents .Warr for additional Sallary
as Chief Justice
To in' Lyell warr' for Standars and weights
for the pro\dnces vse
To Jam Alexanders Warrants for additionall
Sallary as Att'ry Generall
To Peter Bard Warr;** as Second Judge. ._
To Mich Kearneys Warrant for additionall
Sallary as Treasurer. _.
To llolit Lett Hoopers Warr^ for addition
all Sallary as Chief Justice
To Ja Smith Warr^ as Clark of the Circuits.
To m'; Trents Warr' for additional Sallary
as Chief Justice
To ni'; Smiths Warr^ as Clark of the Cir-
cuits _.
To Mich Kearny as Teasurer
To Coll Hoojjers warr? for additionall Sallary
as chief Justice
By Cash p'' by the Signers of the Bills of
Credit '.
2745
25
24
30
87
50
15
25
5
2
25
2992
3000
18
io'
10
10
14
lOi
7f
1726]
ADMINISTEATION OF GOVERNOR BUKNET.
149
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1736]
ADMINISTRATION OF GOVERNOR BURNET.
151
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AD-MIXISTEATIO]Sr OF GOVERNOE BUEKET.
1726
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II
1736] AD.MIXISTRATION OF GOVERNOR BURXET. 153
Value of New Jersey Paper Money in New York.
[From P. R. O. B. T. New Jersey. Vol. III. E -n.]
Certificate of the New York Merchants of the
Value of New Jersey Bills in Decembf 1726
rece'd with W. Burnets Letter of 19*f De-
cemf 1726.
We The Subscribers Merchants of the City of New
York Do hereby Certify That the New Jersey paper
money which was Issued the 25"' of March 1724 by
act of the Assembly of New Jersey dureing the first
year thereafter did Scarcel}^ obtain any Currency in
this province of New York & by Degrees decreased in
its value by discount upon it till it Came To pass & be
Current at the rate of 7s New jersey Money for 6s New
york money at which rate it past for Some Time &
afterwards within the first year it was Ev^en Scrupled
at that rate by one Two three or four per Cent after-
wards in the Second year of its Currency that Scruple
Evanished by Degrees & it passed Current as aforesaid
at Is New jersey for Bs New York money In this province
of New york without any Scruple That about i> months
agoe It began To be Ohosen in payment rather than
New york money at the rate aforesaid & by Degrees
there became a premium u])on it of 3'' <'»' 9'' & 12'' in
the pound to Get New jersey Money at that rate &
now there is Commonly given 6' l>'' or 12'' in the pound
to get New jersey money here as aforesaid Witnes
our hands the first day of December 1726
Richard Van Dam Rip Van Dam Abraham Van home
Garrit van home JohnVanliorneD. Provoost
Thomas Thong Jnf LeMontes Anth: Duake
Cor. Van Home S'' Floris vau Fa- And:" Teller
Nicholas Van Fa- erlingh Rob* Lurting
erling John Roosevelt Abra Boelen
Jn*^ M*:* Evers Heny Vander- Cor' Grorne
Jolm AValter spiegel Rene Net
154 ADMINISTRATION OF GOVEENOR BURNET. [1726
I Doe hereby Certify that the Subscribers of the Cer-
tificate on the other half Sheet are well known to me
to be Some of the Chief & most Substantial Merchants
of this City and that the Names Subscribed thereto is
their proper hand writ ting also well known to me &
that the facts of the Same Certificate are known not
only to me but most people of this City To be True In
*^^ * Testimony whereof I have hereunto Sett my
] L. s. (• hand & Caused the Seal of the City of New
i_^_J York to be hereunto affixed this Ninteenth
day of December 1726 Rob'' Lurting
P' Order of the Mayor Will Sharpas C
Value of New Jersey Paper Money in Perth Amhoy.
[From P. R. O. B. T., New Jersey, Vol. HI, E 28.]
Ceetificate of Perth Amboy Merchants of the
Value of New Jersey Bills in Decern!" 1726
rece'd with Mf Burnet's Letter of 19*^ De-
cern!" 1726.
We the Subscribers hereof Merchants of the City
and Port of Perthamboy hi the province of New
jersey Do hereby Certify that the New jersey
paper money which was issued the 25"' of March 1721:
by act of the Assembly of this province hath Ever
Since the Issueing thereof passed Current not only
thro' all this province but also in the province of Pen-
silvania without any Scruple or Discount thereon be-
twixt the Currency of Pensilvania & of this province
It is true that in the year 1724 there arise a Discount
betwixt the Currencys of both Said provinces & Gold
to about 15 per Cent which Continued also most of the
year 1725 But that Discount is now very Much De-
creased, & Decreaseing So that Gold may be Got for 5
or 6 per Cent Difference & in Small Sums there is no
1736] ADMINISTRATION OF GOVERNOR BURNET. 155
Defference allowed at all Neither is there any Deffer-
ence allowed in this province betwixt the Currency
here & of New York which province in the year 1724
Scrupled the Currency of this province & refused To
take it but at the rate of 7s Newjersey for 6s New york
money and Even Scrupled it at that rate by three or
four per Cent But afterwards about 9s or 10s months
agoe it began to be Chosen there in payment rather
than New york money at the rate of 7s for 6s New york
& then there Soon arose a premium of 3'* in the pound
to get Newjersey money there at that rate afterwards
«)'' in the pound Came to be given & now there is 6'' 9*^
& 12'' in the pound given at New york to Get payment
in New Jersey Money & its not Doubted by the Inhab-
itants of this province but that the people of New York
will Soon be Convinced that our Currency is upon as
good a foundation as the Currency of New york & re-
ceive it without makeing any Defference betwixt it
and their own as the Inhabitants of this province have
always done by theirs Witness our hands the Five-
teenth day of December 1726.
Andr Johnston Mich: Kearney Heron Putland
Fenw!" Lyell Char: Dunster Joseph Bonnet
Wm:WilhamsonSam' Alting J: Stevens
Henry Neale Ebenezer Lyon Jos: Ogden
Jn? Cooper Alex^ Mackdowalle
I do hereby Certify that the Subscribers of the Cer-
tificate on the Other half Sheet are weU known to me
to be Some of the Chief and Most Substantial Mer-
chants of this City and Port, and that the Names sub-
scribed thereto is their Propei- hand writting also weU
known to me and that the facts of the Same Certificate
are Likewise known to me to be True In Testimony
* "^'^* Whereof I have hereunto Set my hand &
- L.s. [ Caused the Seal of the City of Perth Amboy
* __i to be hereunto affixed This Fiveteenth day of
December 1726. John Parkek May^
156 ADMINISTEATION OF GOVEENOR BURNET. [1726
From the Lords of Trade to Governor Burnet — about
New Jersey Paper Money and other matters.
[From P. R. O. B. T. New Jersey, Volume XIV, page 115.]
Lett: to M: Burnet, Governf of New Jersey from
the Board.
Since Our Lett^ to You of the 28^:' of June 1726, We
have receiv'd Yours of the lOth*!" Decemb'l last and the
papers Sent therewith
We observe in Your Said Letter, that You desire us
to apply to His Majesty for Orders to You in relation
to the Gold and Silver Mines in New Jersey, that You
may encourage the Undertakers to make a Discovery
on Such Terms as His Majesty Shall think fit to Grant
them; Wherefore if You will transmit to us, any Pro-
posals for working the Said Mines, We will lay them
before the Lords of the Treasury, but till that be done
We do not think Our Selves fully enabled to move His
Majesty upon this Head.
We have consider'd the Two Certificates from the
Merchants of New York, and Perth Amboy, that the
Credit of the Paper Bills is considerably advanc'd as
also what you write in relation to the Encrease in
their Value, Since the Alteration you made in apply-
ing part of the Interest money arising upon the Loan,
of the 40,000^^ in Bills of Credit, made current by the
Act passed in 1 723; but We cannot finde any reason
for altering Our former Opinion with respect to the
Said Bills; the Rise of which We are more inclined to
think, is owing to the Stop put to the further applica-
tion of the Sinking Fund, than to any other reason
whatsoever, and therefore We desire You will be
1720] ADMINISTRATION OF GOVERNOK HURNET. 157
cautious how You pass any Act, for applying the Said
Sinking Fund, till all the Bills created by the Act of
1728 are Sunk, and this We conceive to be the only
Means of keeping Your paper Currency in any Credit:
We have recommended as You desir'd M' Cornelius
Van Horn to be a Councillor in New Jersey for the
Eastern Division, in the Room of M' David Lyell
deceased. So We bid Yon heartyly farewell, and are
Your very loving Friends and Humble Servants;
Westmorland.
Whitehall Maich 2' 17-J(;-7. T: Pelham.
M: Pladex.
Ed: Ashe.
R: Plumek,
Additional Instruction io Governor Burnet — relative
to Appeals.
[From the Original in the Library of the New Jersey Historical Society. |
*— * Additional Instruction for Our
^S' j- Tmsty and Welbeloved William
*^.— * Burnet Esq'' Our Captain Cleneral
George R ^^^^ Governor in Chief in and over
Our Province of Nova Cassarea or
New Jersey in America, Gia^en at Our
Court at S* James's the Twenty-Third Day of
March 1726-7 In the Thirteenth Year of Our
Reign.
Whereas by the SQ'"^ & 90*'' Articles of Our Instruc-
tions to you. We did declare Our Will and Pleasure in
manner following, Viz' " That Appeals be permitted
" to be made in Cases of Error from the Courts in Our
' ' Said Province of Nova Caesarea or New Jersey, unto
''you and the Council there, and in your Absence
158 ADMIKISTKATIOK OF GOVERNOR BURNET. [1726
" from Our Said Province, to Our Commander in Chief
"for the time being, and Our Said Council in Civil
" Causes, wherein such of Our Said Council as shall
"be at that time Judges of the Court from whence
"such Api^eal shall be made to you. Our Governor
" and Council, or to the Commander in Chief for the
"time being, and Council as aforesaid, shall not be
' ' admitted to vote upon the Said Appeal, But they
' ' may nevertheless be present at the Hearing thereof
" to give the Eeasons of the Judgment given by them
"in the Causes wherein such Appeals shall be made;
' ' Provided nevertheless that in all Such Appeals the
"Sum or Value appealed for, exceed £100 Sterling,
" and that Security be first duely given by the Appel-
" lant to answer such Charges as shall be awarded in
"Case the first Sentence be Affirmed And if either
"Party shall not rest Satisfied 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
" Council, Provided the Sum or Value so Appealed for
"unto Us do exceed £200 sterling, and that such
" Appeal be made within fourteen Days after Sentence,
' ' and that good Security be given by the Appellant,
' ' that he will effectually prosecute the same, and
"^answer the Condemnation, as also pay such Costs
" and Damages as shall be awarded by Us in Case the
"Sentence of You, or the Commander in Chief for
" the time being and Council be affirm'd, and provided
"also that Execution be not suspended by reason of
" any Such Appeal to Us, in any Case when a Judg-
" ment first given by an Inferior Court in Our Said
"Province shall have been confirm Vl by the Governor
"and Council there." And Whereas, it has been
represented to Us that by the immediate issuing of
Executions whilst an Appeal hath been depending
before Us in our Privy Council, great Inconveniences
V727] ADMINISTRATION OF GOVERNOU BURNET. 159
have arisen where the Appellee hath become Insolvent
or hath withdrawn himself and his Effects from that
Province before Our Pleasure could be known on such
Appeal, and Our Orders for reversing the Decree or
Judgment appeaFd from and for making Restitution
of the Estates or Effects which had been taken in
Execution under the same, have been rendered inef-
fectual, and the Appellant left without any Redress,
Now for preventing the like mischief for the future.
It is Our Will and Pleasure that in Cases where by
your Instructions you are to admit Appeals to Us in
Our Privy Council, Execution be Suspended notwith-
standing the Said Proviso, untill the final Determina-
tion of such Appeal, unless good and Sufficient
Security be given by the Appellee to make ample
Restitution of all that the Appellant shall have lost by
means of such Judgment or Decree in Case upon the
Determination of such Appeal, such Decree or Judg-
ment should be revers'd and Restitution awarded to
the Appellant. G. R.
Instructions to the Governor's ordered, relative to the
Supiiression of Vice and Immoral it _/j in the Prov-
inces.
LFom P. R. O. B. T., Plantations General. Vol. X, |8| L, No. 53.1
Order of Committee of Council dated y*" 8^ of
May 1727 requiring the Board to prepare
Dra*^ of Instructions to y*" Sev! Gov"^ of his
Maj*^'' Plantations, according to the prayer
of y® Petition of y*" L'^ B^ of London concern-
160 ADMINISTKATIOX OF GOVERNOR BURNET. [1727
ing y*" Laws ab* Blasphemy, Prophaneness
Adultery &c
At the Council Chamber ¥,^hitehall the 3;' day
of May 1727—
) j^ ^ / By a Committee of the Lords of His Majesty's
/ ) most Hono''!" Pj'ivy Council.
Whereas his Majesty was pleased to refer unto the
Consideration of this Committee, the Petition of Edmf
Lord Bishop of Londin, humbly beseeching his Majes-
ty to send his Instructions to the Governors of the
several Plantations tliat they cause all Laws already
made against Blasphemy, Prophaneness, Adultery,
Fornication, Polygamy, Incest, Prophanation of the
Lords day. Swearing and Drunkenness, in their re-
spective Governments, to be vigorously executed; aijd
that they earnestly recommend it to the several As-
semblies to provide effectual Laws for the Restraint
and Punishment of all such of the afore mentioned
Vices against which no Laws are as yet provided and
also if need be, to render the Laws now being, more
effectual, and to provide in the several Governments
for the Punishment of the forementioned Vices upon
Oath to the Temporal Courts by the Church Wardens
of the several Parishes at proper times of the Year to
be appointed for that purpose (As is already provided
in the Laws of Virginia) And also further humbly in-
treating his Majesty to recommend to the said Several
Governors,. the entring upon proper Methods for the
Erecting and Maintaining of Schools, where they are
wanted in order to the training up of Youth to read-
ing, and to a necessary knowledge of the Principles of
Rehgion — The Lords of the Committee this day took
the said Petition into Consideration and thinking it
1727] ADMrKISTR.VTION OF GOVERNOR BURX^ET. 161
highly just, that all Persons who shall offend in any
the Kinds aforesaid ought to be prosecuted and pun-
ished for their said Offences, are hereby pleased to Or-
der that the Lords Commiss'f for Trade and Planta-
tions, do prepare proper Draughts of Instructions for
Governors of all his Majesty's Plantations in America
upon the several Points contained in the said Petition
(which is he]'eunto annexed) And present the same to
this Committee.'
Robert Hales.
To the King's most Excellent Majesty in Council
The Petition of Edmund Bishop of London.
Humbly Sheiveth,
That about two Years since the said Bishop pre-
sented a Memorial to your Majesty in Council setting
forth that the Plantations abroad being no part of the
Diocese of London, He did not conceive himself to be
sufficiently warranted in the Exercise of Ecclesiastical
Jurisdiction therein, unless he might be empowered by
Commission from your Majesty under your Great Seal
and also humbly offering to your Majesty divers reasons
why it might not be convenient at this time, that such
Ecclesiastical Jurisdiction should be extended to the
Correction of the manners of the Laity, as well as of the
Clergy in the said Plantations: Whereupon your Maj-
esty was gracious pleased to Order a Commission to be
issued to the said Bishop, for the exercising a Juris-
diction only over the Clergy, and in some other mat-
ters which more immediately concern the Publick Wor-
ship of God, which Commission hath accordingly is-
sued.
• The instruction was prepared and submitted June 6th, 1727.— Ed.
12
162 ADMINISTKATIOJSr OF GOVERNOE BURNET. [1727
That the several Crimes and Vices of Blasphemy,
Prophaneness, Adultery, Fornication, Polygamy, In-
cest, Proi^hanation of the Lord's day Swearing and
Drunkenness, are punishable by the Ecclesiastical Laws
of this Eealm, whether committed by the Laity or the
Clergy; being detected and presented upon Oath
by Persons appointed for that purpose; which Laws
may not be executed upon the Laity in youi" Majestys
Plantations abroad nor any Presentments be made
there to any Ecclesiastical Judge for that end by reason
that the said Commission is restrained to the manners
of the Clergy oiily.
In consideration whereof, and that the said enor-
mous Crimes and Vices may be duly discountenanced
and punished in all parts of your Majesty's Dominions,
the said Bishop doth most humbly beesech your Majes-
ty that you will be graciously pleased to send your In-
structions to the Governors of the several Plantations,
that they cause all Laws already made against any of
the forementioned Vices in their respective Govern-
ments to be vigorously executed ; and that they ear-
nestly recommend it to the several Assemblies, to pro-
vide effectual Laws for the Restraint and Punishment
of all such of the forementioned Vices against which
no Laws are as yet provided; and also if need be, to
render the Laws, now in being, more effectual; and to
provide in the several Governments for the present-
ment of all the forementioned Vices upon Oath to the
Temporal Courts, by the Church: Wardens of the sev-
eral Parishes at proper times of *the Year to be ap-
pointed for that purpose (as is already provided in the
Laws of Virginia) To the end the Persons off ending-
may be duly punish'd according to the Tenor and In-
tent of the said Laws as well those which are already
made, as those which shall hei'eafter be made.
And inasmuch as the most effectual way to Suppress
Vice and Wickedness in any Nation or Country, is the
1737] ADMIXISTRATIOX OF GOVERXOR RURNET. 163
careful Education of their Youth iu the Docrines and
Principles of the Christian Faith; the said Bishop doth
most humbly intreat your Majesty, that you will be
graciously pleased to Eecommend to the several Gov-
ernors in yom* Plantations, the entring upon proper
Methods for the Erecting and maintaining of Schools,
where they are wanting in order to the training up of
Youth to reading and to a necessary Knowledge of the
Principles of Eeligion.
Letter from Governor Burnet to Secretary Popple.
[From N. Y. Col. Docts., Vol. V, p. 820.]
New York, 12*^ May 1727.
Sir
I send herewith the account of the Inhabitants of
New Jersey, which I could not get sooner. The map
of those Provinces is not yet ready, but shall be sent
in the Fall, The Surveyors say it is very difficult to
make anything of an Exact one, the surveys that have
been made often lying at a distance from any others,
that the Connexion between them must often be guess
work. This they are endeavouring to correct as well
as they can, by all the Observations they can gather
from their predecessors' papers, so that it is no wonder
it has taken time.
I am very sorry to learn from M!" Le Heup that the
Loi'ds are not disposed to give leave to apply the
Interest Money to the current service in New Jersey,
Nothing is more certain than that the money has been
rising in its value ever since the last Act applying it so
past here, and their Lordships' letter disapproving it
could have no part of that effect, for it was not known
to any when those Certificates were taken, but to a
few to whom I told it, and there was no alteration
164
ADMINISTRATION^ OF GOVERNOR BURNET.
[1727
followed upon my telling it. I have been forced to
adjourn the Assembly from the Spring 'till after har-
vest, and don't expect to meet them on any good
humour, since they must meet at their own charge,
which they are not at all used to do. I wish their
Lordships may alter their Opinion by that time upon
what I have already writ to tliem, to which I can add
nothing but what I now tell you, being unwilling to
importune their Lordships upon a point to which they
shew a dislike, I am. Sir
Your most obedient humble servant
W. Burnet.
Census of the Province of New Jersey Anno 1726,
iyiclosed in the foregoing letter.
[From P. R. O. B. T New Jersey, Vol. III. E 3.3, and N. Y. Col. Docts., Vol. V, p. 819.]
An account of the Inhabitants of the Province
of New Jersey, distinguishing their age,
sex and colour, taken in the year 1726.^
Whites.
Negroes.
Names of
CO
CO
k2
0!^
5D
S
O
COUNTYS.
"3 5?
o 1-
"S--
in cp
"3 oi
^i'Z
i^
^^
'Sa
"Z o
c O
"5
-3^
fl-^
.fS t«0
+^ +J
g^
m
^§
^^
fe OS
0) 0
fe p
H^z;
o o
Middlesex...
953
878
1016
859
3706
90
73
73
67
303
4009
Essex
993
1031
983
930
3932
93
7H
70
08
308
43:J0
Monmouth..
1231
1061
1095
1056
4440
170
90
88
85
433
4«79
Somerset . . .
582
503
403
405
1892
136
96
87
7'0
379
2271
Bergen
Burlington . .
5(59
509
556
547
3181
173
121
100
98
492
3673
1080
983
905
844
3872
80
63
53
55
357
4139
Hunterdon..
893
743
851
750
3336
43
45
32
21
141
3377
Gloccster
008
463
536
539
3135
33
31
34
37
104
3339
Salem..;
1060
801
1015
891
3837
58
38
35
25
150
3977
Cape May...
209
150
148
141
654
8
5
1
14
2581
668
8179
7176
7558
6948
39801
873
630
563
516
33442
1 Sent to the Lords of Trade by Gov. Burnet May 9th, 1727. " I now send Your
Lordships an account of all the Inhabitants of New Jersey, as they were taken by
the Sheriffs of the severall Countys. They are about three quarters of the Inhab-
itants of New York."— Ed. ■
1737] ADMINISTRATION" OF GOVERNOR BURNET. 16o
Governor Burnet to the Lords of Trade — about the
application of Interest Money.
[From P. R. O. B. T. New Jersey, Vol. Ill, E 30.]
Lre from M"" Burnet Govf of New Jersey, to the
Board, Rec'd Aug* 26 1727
New York 30*?^ June 1727.
My Lords,
I have the honour of Your Lordships letter of the
2f of March on New Jersey affairs in which I observe
that Your Lordships expect some Proposals about
Mines to be first made by the Undertakers, before His
Majesty be applyed to, and therefore I shall first wait
for such proposals, before I give Your Lordships any
further trouble on this head.
I am unfortunate in not being able to prevail with
Your Lordships to recall your Orders to me, not to ap-
ply any of tlie Interest mony to the Use of the Govern-
ment, because I find the Assembly Men very unwilling
to meet at all, or do any business at their own private
Cost and Charge, which is the Consequence of this Ke-
striction, for they cannot venture to lay higher Taxes
on the People, which would break their Interest with
them, when so much money lyes dead in the Loan
Office. And tho' I will earnestly endeavour to prevail
with them to sink the Interest money when they meet
next, I have very little hopes of succeeding in it.
I must beg leave to assure Your Lordships, that it
was not possible that the Orders Your Lordshi])s gave
me to stop the applying any more Interest money as
before could have any Effect to raise the Value of the
Money, because it was not at all known till it was com-
municated by me to a few, and no alteration at aU in
the value of the money happened about that time.
166 ADMINISTKATION" OF GOVERKOK BURNET. [1737
This I am so sure of, and that the money will not
loose anything in its Value, if the Interest, should be
again applyed to the Current Service, that I am will-
ing to acknowledge my self, to deserve Your Lord-
ships just displeasure if any such thing should hap-
pen, In Case you will please to recall your Restric-
tion. I would not importune Your Lordships upon
this head, if there was not an entirely compleat
sinking fund without the Interest, if I did not
despair of obtaining the necessary Consent of the
Assembly to sink it, and if an entire Stop in the Af-
fairs of that Province, and a disgust in the Assembly
were not the unavoidable Consequences of this Limi-
tation.
But if Your Lordships think this too much to grant
I beg at least that you would give me leave to en-
deavour to brfng the Assembly to apply half of it to
the current Service, and the other half to the sinking
fund, which tho' I doubt very much of their consent-
ing to, yet if Your Lordships are not disposed to con-
sent to more, I will labour all I can, to obtain. But
as I am ready to engage all my Credit with Your
Lordships upon the Success of what I fii'st proposed,
I hope you will not think I would venture upon such
a Proposal without knowing the Opinion of the Coun-
try and being sure of a good Event.
I humbly thank Your Lordships for Recommend-
ing Mr Cornelius van Horn to be of the Council, and
am with great Respect
My Lords Your Lordships
Most obedient and most obliged humble Servant
W. Burnet.
P : S : There is about 14000 pounds already sunk and
but 26000 left, which shows how fast the Bills De-
crease without the help of the Interest.
1727] ADMINISTRATION" OF GOVERNOR MONTGOMERIE. 167
From the Lords of Trade to the King — with Commis-
sions of John Montgomerie.
IFrom N. Y. Col. Docts., Vol.V, p. 8il.|
To THE King's Most Excellent Majesty.
May it please Your Majesty.
In obedience to your Majesty's Commands signify'd
to Us by the E' Hon'''' the Lord Viscount Townshend's
letter of the 12 instant We have prepar'd the Draughts
of Commissions for John Montgomery Esq: to be our
Captain General and Governour in Chief of the Prov-
inces of New York and New Jersey in America in the
room of William Burnet Esq: which being in the
usual form we herewith humbly lay the same before
your Majesty, and are preparing the necessary instruc-
tions for the s'' M' Montgomery, for both those Gov-
ernments, with all possible dispatch
Which is most humbly submitted
J. Chetwynd
Martin Bladen
Whitehall Aug: 23, 1727 Orlando Bridgeman
Walter Cary
From Governor Montgomerie to the Lords of Trade.
[From N. Y. Col. Docts., Vol. V, p. 832.]
To the Right Hon**^^ The Lords Commiss^'^ for
Trade and Plantations.
The humble petition of John Montg"onierie Esq*-
Sheweth
That His Majesty having been graciousl}^ pleased to
appoint Your Memoiialist His Governor of New York
& the territories depending thereon in America, He
begs leave to apply to Your Lordships for the confirm-
ing the following Bills.
www
168 ADMINISTKATIOX OF GOVERNOE MONTGOMERIE. [1727
An Act passed by the Assembly General of New
Jersey entituled an Act concerning the Duty of the
Commiss" appointed to manage the Loan Offices in
the respective Counties of this Province and for pro-
videing a Remedy in case any of the Signers of Bills
of Credits of this Province should by death or other-
wise be rendred incapable of signing the same.
And Also one other Act passed by the said Assembly
Entituled An Act for an additional Support of this
Government and making current £40000 in bills of
credit for that & other purposes therein mentioned.
And Y' Mem'' is humbly of Opinion that the Paper
Currency established by the said Act is free from all
inconveniencys which has attended that sort of mony
in other His Majesty's American Provinces this Cur-
rency being only used as a necessary remedy for the
Deficiency of Gold and Silver Specie, and thereby to
prevent a Stagnation of Commerce and to set his
Majesty's Province of New Jersey upon an equal foot-
ing with its neighbouring Colonies.
And Y'' Mem"' humbly observes to Your Lord^' that
there is in the Loan Office a very considerable sum of
money arisen by Interest upon the Bills of Credit over
& above the necessary sinking Fund, which will abso-
lutely j)ay off and discharge the said paper currency.
Which money Y"" Mem'* most humbly begs your
LordP' to permit to be apply ed to the publick Services
of the Government. For Your Mem'' hopes Y' Lord'"
would not force him upon so ungratefuU a proceeding
at his first arrival in his Government as to propose a
new tax and burthen to the Province to bear the
necessary Support of the Government, when there
lyes so much useless mony in their coffers already.
Endorsed ReC' Read Sept' S'" 1727'
1 This memorial appears to have been sent in by Mr. Montgomerie before the
receipt of his Commission or Instructions, and before he left England for New
Jersey.— Ed.
1727] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 1G9
Governor Montgomerie's Instructions.
IFrom P. R. O. B. T.. New Jersey, Vol. XIV, p. W3.\
To THE King's most Excellent Majesty.
May it please Your Majesty,
Having in Obedience to yonr Majesty's Commands
Signified to us by a Letter from the Eight HonH'® the
Lord Vis'^:' Townshend dated the 1 2"' of August last
fjrepared and transmitted with our Report of this Days
Date the Draughts of Collf Montgomery's Gen! Instruc-
tions and of those which particularly relate to the Acts
of Trade and Navigation for the Government of New
York and having now in further Obedience to Your
Majesty's said Commands prepared the Draughts of
those relating to the Acts of Trade for the Govern"'' of
New Jersey We take leave humbly to lay the same
before your Majesty with some few Alterations and
our Reasons for the same Viz* '
We have added the Preamble to the 7"' Instruction
it having already been approved of by your Majesty
in your Majesty's for the Governor of Jamaica.
We have alter 'd M- Burnets 16 Instruction in rela-
tion to the manner of choosing Assembly Men in the
Jersey's and made Col? Montgomery's 13'!' conformable
to the Additional Instruction for this Purpose approved
of by his late Majesty in Council the 23'' of January
1723-4
The 20':" Instruction is a Copy of the Gov'" of Jamai-
ca's 20 which We thought necessary to insert here be-
cause Acts for creating a Paper Currency have been
pass'd in this Province, that have taken Effect before
your Majesty's Pleasure could be declared thereupon.
' One alteration, not mentioned, is the substitution of the names of James Alex-
ander, James Smith and Cornelius Van Horn, as members of his Council in place of
those of Thomas Gordon, Thomas Bycrly and David Lyell, who were named in the
instructions of Governor Burnet.— Ed.
170 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1727
We have inserted some v^ords in Col? Montgomery's
24*." Instruction whereby he is directed not to give his
Assent to any Law for Repeahng any other Act pass'd
in his Gov'"* altho the same has not received your
Majesty's Royal Approbation without Leave for that
Purpose: This We think the more necessary because
Acts for repealing others have had their Effect before
your Majesty's Pleasure could be kno^vn thereupon.
The 38 and 39 Instructions in relation to the Dis-
posal of Fines, Forfeitures and Escheats, We have
Substituted instead of M' Burnet's 39*?' And have en-
deavour'd to make them more explicit than the said
39*.'' Instruction.
We have added the 45*." Instruction for preventing
Delays and undue proceedings in the Courts of Justice
Your Majesty having already approved thereof in
Your Instructions to Major Gen! Hunter Governor of
Jamaica.
We have omitted that Part of M' Burnets 50 In-
struction which related to the Tryal of Accessaries in
Cases of Piracy committed beyond Sea it being now
particularly provided for by the Act of Parliament
pass'd in the 8*" year of his late Majesty's Reign.
We have added the latter Part of the 51 Instruction
in relation to the Suspending the Execution of any
Sentence upon an Appeal to your Majesty in pursuance
of an Order in Council dated the 5*-" of July 1726.
We have inserted two Articles Nf 55, & 56 in rela-
tion to the Custom House Officers, Your Majesty hav-
ing already been pleased to approve the same in your
Instructions to Major Gen! Hunters Gov: of Jamaica.
We have alter'd the 81 Article of M'' Burnets In-
structions and made Col° Montgomery's (^S^^ conform-
able to an Order in Council dated the 31 of May last
upon a Petition from the Bishop of London for re-
straining and punishing the several Vices therein
mentioned.
1720] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 171
We have added the 79"' Instruction relating to the
manner of granting Commiss"^ in the Plantations to
private Ships of War, As also the SO Instruction
wliereby Col° Montgomery is directed not to grant
Commissions of Marque or Eeprizal against any of
your Majesty's AUies, without your Majestys especial
Command, Both these being Instructions to most of
your Majesty's Gov^ and in Our humble Opinion
proper and to be given to them all.
We have added the Instruction It being already an
Instruction 82 to all the Gov'.^ in America and equally
necessary in New Jersey.
We have omitted M!' Burnets 69"' Instruction it be-
ing provided for in the Instructions for Trade; In
which We have made no other Alteration than to di-
rect Col? Montgomery to transmit the Scheme therein
order'd to be sent to the Commiss" of your Majestys
Customs to the Lords of the Treasury and to this
Board according to the Tenour of the aforesaid 69 In-
struction.
We have how laid before your Majesty a State c»f
those Instructions which We have either added or left
out in the inclos'd Draught, and have made no other
Alterations except with respect to the ranging the sev-
eral Articles as near as may be in the manner Your
Majesty has already approved of in the Instructions to
Major Genl Hunter Govf of Jamaica.
AU which is humbly Submitted
Westmorland.
Whitehall Sep^/ 28^' 1727 T. Pelham.
O. Bridgeman.
W. Gary.
Instructions for Our Trusty and wellLeloved
John Montgomery Esqf Our Cap* General
172 ADMINISTKATTOK OF GOVERIST^OE MONTGOMERIE. [1727
and (jrovf in Chief in and over Our Prov-
inces of ISTova Casarea, or New Jersey in
America Given at Our Court at
the Day of in the
First Year of Our Reign.
*%t tlr tjt ^ •!( ti^ «1, ^
T* •J* •(* *J» ^Ji *!* r^ r^
[It is thought unnecessary to insert the Instructions
in full, as they were similar to those given to previous
Governors and are elsewhere previously inserted. Only
the Instructions said in the foregoing letter, to have
been altered are here inserted.]
* * * * -A- * * * -X-
Y*-' And whereas by Our Commission You are em-
powred in Case of the Death or Absence of any of
Our Council of the said Province to fill up the Va-
cancies in Our said Council to the Number of Seven
and no more. You are from time to time to send Us
as aforesaid and to Our Commiss''-^ for Trade and Plan-
tations the Name or Names and Qualities of any Mem-
ber or Members by You put into Our said Council, by
the first conveniency after your so doing.
*** ** * * * *
13. Our wiU and pleasure is any You are according-
ly to make the same known in the most publick man-
ner, That the Method of Choosing Eepresentatives for
the future shall be as follows Viz- Two by the Inhab-
itants, Householders of the City or Town of Perth-
Amboy in East New Jersey and Two by the Freehold-
ers of each of the five Counties in the said Division of
East New Jersey, Two by the Inhabitants House-
holders 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 together the
Number of 2-4 Eepresentatives; And it is Our further
1727] ADMINISTRATION OF GOVEUNOll MONTGOMERIE. 173
Will and Pleasure that no Person shall be capable of
being elected a Representative by the Fi-eeholders of
either Division as aforesaid or afterwards of Sitting
in Genj Assemblies, who shall not have one Thousand
Acres of Land of an Estate of Freehold, in his own
Right within the Division forwliich he shall be chosen
or have a personal Estate in Mony Goods or Chattels
to the Value of five hundred Pounds Sterling and all
Inhabitants of Our said Province being so qualified as
aforesaid are hereby declared capable of being Elected
accordingly, And it is likewise Our Pleasure that no
Freeholder shall be capable of Voting in the Election of
such Representatives who shall not have on [e?] hun-
dred Acres of land of an Estate of Freehold in his own
Right within the County for which he suall so Vote or
a Personal Estate in Mony Goods or Chattels to the
Value of 50 Pounds Sterling and all Freeholders in
Our said Province being so qualify 'd as aforesaid are
hereby declared capable of Voting in the Election of
Representatives which Number of Representatives
shall not be Enlarged or Diminished or the manner
of electing them (hereby declared) altered there other-
wise than by an Act or Acts of the General As-
sembly to be confirm'd by the Approbation of Us
Our Heirs and Successors, And you are therefore
to recommend to the Genl Assembly that a Law
be pass'd there for Electing a Representatives to serve
in Assemblys conformable to this Our Instructions.
******** *
20. Whereas Acts have been pass'd in some of Our
Plantations in America for Stricking BiUs of Credit
and Issuing out the same in lieu of Mony, in order to
Discharge their publick Debts, and for other purposes,
from whence several Inconveniencies have arisen it is
therefore Our Will & Pleasure that you do not give
your Assent to or pass any Act, in our said Province
of New Jersey under your Government whereby Bills
174 ADMINISTKATION OF GOVERNOR MONTGOMERIE. [1727
of Credit may be struck or Issued in lieu of Mony with-
out a Clause be inserted in such Act, declaring that
the same shall not take Effect untill the said Act shall
have been approved and confirm'd by Us Our Heirs
and Successors; And it is Our further Will and
Pleasure that you do not give your Assent to or Pass
any Act in Our said Province of New Jersey under
your Government for payment of Mony either to you
the Governor or to any Lieul' Governor or Commander
in Chief or to any of the Members of Our Council or ^
to any other Person whatsoever except to Us Our
Heirs and Successors without a Clause be hkewise
inserted in such Act, declaring that the same shall not
take Effect until the said Act shall have been approved
and confirmed by Us Our Heirs and Successors.
*********
24 And whereas several Laws have formerly been
Enacted for so short a time that Our Assent or Refusal
thereof 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 mentioned in the 19V' Article and you
shall not re-enact any Law to which Our Assent has
once been refused neither shall you give your Assent
to any Law for repealing any other Act already pass'd
in your Government altho the same has not received
Our Royal Approbation, without express leave for
that Purpose, first Obtained from Us upon a full
Representation by you to be made of the Reason &
Necessity for passing such Law.
38, You shall not remit any Fines or Forfeitures
whatsoever, above the Sum of ten Pounds, nor dispose
of any Forfeitures whatsoever, until upon Signifying
unto Our Commissi of Our Treasury, or Our High
Treasurer for the time being and to Our Commissi for
1?27] ADMINISTRATION OF GOVEllNOR MONTGOMERIE. 175
Trade & Plantations the Nature of the Offence, and
the Occasion of such Fines and Forfeitures with the
particular Sums or Value thereof (which you are to do
with all Speed) You shall have received Our Directions
therein, But you may in the mean time Suspend the
Payment of the said Fines & Forfeitures.
39. It is Our Will and Pleasure that You do not dis-
pose of Forfeitures or Escheats to anj^ Person until the
Sheriff or other Proper Officer have made Enquiry by
a Jury upon their Oaths into the true Value thereof,
and you are to take care that the Produce be duly Paid
to Our Receiver Gen' of Our said Province and a full
Account transmitted to OurCommiss'"? of Our Treasury
or Our High Treasuier for the time being and to Our
Commissi for Trade & Plantations with the names of
the Persons to whom Disposed; And Provided that in
the Grants of all Forfeited & Escheated Lands there be
a Clause ObHging the Grantee to Plant and Cultivate
three Acres of every fifty Acres within three Years
after the passing such Grant in case the same was not
so planted and Cultivated before, and that there be the
proper Savings and Reservations of Quit Rent to Us
Our Heirs ife Successors according to the Laws of Our
Province.
45. And whereas frequent Complaints have been
made to Us of great Delays and undue i^roceedings in
the Courts of Justice in several of Our Plantations
whereby many of Our Subjects have very much
suffer'd, and it being of the greatest Importance to
Our Service, and to the Welfare of Our Plantations,
that Justice be everywhere Speedily and duly Admin-
istred, and that all Disorders, Delays and other undue
Practices in the Administration thereof be effectually
prevented, We do particularly require You to take
especial care that in all Courts where you are Author-
ized to preside, Justice be impartially Administred and
176 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1727
that in all other Courts estabhshed within Our said
Province, aU Judges, & other Persons therein con-
cerii'd as hkewise perform their sevei'al Duties with-
out any delay or Pai'tiaUity.
vr vr vr tT vc "TV "iv ^ w
47. It is Our further Will & Pleasure that no Per-
sons for the future be sent as Prisoners to this King-
dom from New Jersey without Sufficient Proof of
their Crimes & that Proof be transmitted along with
the said Persons. * * * *
51. And if either party shaU not rest S^^tisfy'd with
the Judgment of You or the Commander in Chief for
the time being and Council as aforesaid Our WiU &
Pleasure is, That they may then Appeal unto Us in
Our Privy Council; Provided the Sum or Value so Ap-
pealed for unto Us, do not exceed Two hundred Pounds
Sterl: And that such Appeal be made within 14 Days
after Sentence, and that good Security be given by the
Appellant that he wiU effectually prosecute the same,
and answer the Condemnation, as also pay such Costs,
& Damages as shall be awarded by Us, in Case the
Sentence of you or the Commander in Chief for the
time being and Council be affirmed; And it is Our
further Will and Pleasure, That in all Cases whereby
Your Instructions You are to admit of Appeals to us
in Our Privy Council Execution be Suspended until the
final Determination of such Appeal unless good and
Sufficient Security be given by the Appellee to make
ample Restitution of all that the Appellant shall have
lost by means of such Judgment or Decree in case up-
on the Determination of such Appeal such Judgment
or Decree should be reversed, and Restitution awarded
to the Appellant. "• *****
56. And whereas several Complaints have been made
by the Surveyor General and the Officers of the Cus-
toms in Our Plantations in America that they are fre-
quently Obliged to serve in Juries and Personally to
172?] ADMINISTRAXrON^ OF (40VERN0E MONTGOMERIE. 177
appear in arms when ever the Mihtia is drawn out and
thereby are much hindred in the Execution 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, or personally
appearing in Arms in the Militia, unless in Cases of
Absolute Necessity, or serving any Parochial Offices,
which mayhap them in the Execution of their Duties.
50. And whereas the Surveyor Cen! of Our Customs,
in the Plantations, are impower'd in case of the va-
cancy of any of Our Officers of the Customs, by Death
removal or otherwise, to appoint other persons to Exe-
cute such Offices, until they receive further Dn-ections
from Our Commissi of Our Treasury or Our High
Treasurer or Commissf 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 might
happen, that some of the Officers of Our Customs in
the Province of Nava Ca?sarea or New Jersey, may die
at the time when the Surveyor Gen! is absent in some
Distant part of his District, so that he cannot receive
advice of such Officers Death within a reasonable time,
and thereby make Provision for carrying 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 Merch*;' in their Dispatches It is
Our further Will and Pleasure in case of such Absence
of the Surveyor Gen! or if he shou'd happen to die, and
in such Cases only, that upon the Death of any Collec-
tor of Our Customs within that Our Province you
shall make choice of a Person of known Loyalty, Ex-
perience, Diligence, & fidehty to be employd in^such
Collectors Room the purposes aforesaid, until the Sur-
13
178 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1727
veyor GenI of Our Customs shall be advised thereof,
and appoint another to succeed in their Places, or that
further Directions shall be given therein, by Our Com-
miss';^ of Our Treasury, or Our High Treasurer or by
the Commissi of Our Customs for the time being,
which shall be first Signified taking care that you do
not under any pretence of this Instruction, interfere
with the Powers and authorities given by the Com-
missi of Our Customs to the said Surveyors Genl when
they are able to put the same in Execution.
-,7 -if VT -Jf "Jf ^»- "K* "M* -Jf
60. And You are also with the Assistance of the
Council & Assembly to find out the best means to facil-
itate & encourage the conversion of Negroes and In-
dians to the Christian Keligion. * * *
79. . . And whereas there have been great Ir-
regularities in the manner of Granting Commissions in
the Plantations to private Ships of War, You are to
Govern your Self when ever there shall be Occasion
according to the Commissions & Instructions Granted
in this Kingdom, Copies whereof will be herewith de-
livered you.
80. . . But You are not to Grant Com'issions of
Marque or Reprisals against any Prince or State in
Amity with Us to any Person whatsoever without Our
especial Command. * * * * * ^-
82. . . You are to take especial Care that fit Store
houses be Settled throughout Our said Province for re-
ceiving and keeping of Arms, Ammunition and other
Pubhck Stores. ■^- * * * ^ -:r
1727J ADMrXISTKATION OF fJOVERNOR MOXT(iOMERIE. 179
Letter from ex-Gov. Robert Hmiter to Jas. Alexander.
LFrom Original in Rutherfurd Collection, Vol. I, p. 41.]
Lond: Nov'' 4 1727
Sr
I wrote to you Some time ago and have been kept
here ever Since by Sev" Accidents of pubKck and pri-
vate nature, In a few days I certainly Imbark, and
shall be glad to hear from you to Jamaica.
M' Montgomery Imbarks at the Same time, this
comes by him and I have taken care to do you Justice
w* him, he is a very honest Gentleman but will want
good Advice.
If M' Burnet is to part with the house at Amboy
which I Sold him I should be contented to have it
again at the price he pay'd unless he has added and
Improv'd In that Case you w' D' Johnston may de-
termine.
I ShaU want (when arrived) flour and Bacon and
Such Like Provisions from New York which I hope
you'U take care to Send me. I hope you have gott In
the remainder of debts due to me that may pay the
purchase Mention'd or answer y'' charge of Provisions.
I doubt much whether Your Gov' Can gett in this
Winter tho' he he resolv'd to venture I need not ask
your Advice and Assistance to him I am Satisfy'd
you'll think it your Interest to give them him In the
best manner you are Capable I hope your family is
well you may always depend on the Friendship of
Your obliged Humble Serv'
Eo: Hunter.
180 ADMINISTRATION" OF GOVERNOR MONTGOMERIE. [1737
Warrant for netv Seals for the Plantations.
LFrom P. R. O. B. T., Plantations General, Vol. XXXV, p. 53.]
Warrant from the Board to M?" Rollos His
Majesty ^s Seal Cutter to prepare new Seals
for His Majesty's Plantations in America
NovembUhe 17'^ 1727.
To M'' John Rollos, His Majesty's Seal Cutter
Pursuant to His Majesty's Order in Council of the
20*." of September last, directing Us, to cause New
Seals to be prepared for His Majesty's Plantations in
America, instead of the old ones, for Sealing all pub-
lick Instruments in the said Plantations respectively;
We do hereby require you accordingly to prepare New
Seals of the usual Size, for the Plantations under men-
tioned as soon as possible; In all which Seals besides
the following Eules; You to observe this as a general
Direction, that His Majesty's particular Arms and
Foreign Titles be inserted as in the Great Seal of this
Kingdom, In Order to which you are to use your dis-
cretion in contracting the Words,
New Jersey. The Kings Arms Garter, Supporters
Motto and Crown, with this inscription round the
Same, Sig: Provincia Nostrse de Nova Caesaria in
America, and in an outward Circle this other inscrip-
tion Georgius II' Dei Gratia Magnse Britaniae, Francice
et Hib: Rex, Fid: Defensor, Brunsvici et Luneburgi
Dux, Sacri Romani Imperij Archi Thesaurarius et
Elector'
1 The new seal was prepared and transmitted, but was lost on its way to the
Province, the ship having been cast away. Under date of December 17th, 1731,
another one was ordered.— Ed,
1738] ADMINISTRATION OF CtOVERN"OR MONTGOMERIE. 181
Letter from Governor Burnet to the Lords of Trade —
enclosing New Jersey Documents.
[From P. R. O. B. T., New Jersey, Vol. Ill, E :J5.1
Lre from M'" Burnet GoV; of New Jersey dated
at N York RecYl Janry 29*^ 1727-8
New York 18*^ DecV 1727.
My Lords
I now send to Your Lordships an Address from the
Province of New Jersey to His Majesty which M^ Le
Heup the Agent of that Province, will apply to Your
Lordships for leave to present to His Majesty under
your Lordships direction.
I have been infoi-med of His Majestie's having
appointed M' Mongomery to succeed me, and of his
having been pleased to nominate me to the Govern-
ments of the Massachusets Bay and New Hampshire,
I have writ to my Correspondent to take out my Com-
missions for those Governments, and hope to receive
them with His Majesties Instructions and Your Lord-
ships directions in the Spring if not sooner.
My Successor is not yet arrived, and as the winds
have of late proved contrary, we are very uncertain
when to expect him, I am
My Lords Your Lordships
Most dutifull and most obedient
humble Servant
W. Burnet.
P: S: I send Copies of my Speech to the Assembly
of New Jersey, and their Address to me. Your Lord-
ships will see that I recommend to them the sinking
of the Interest money according to your Orders.
182 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
Robert Lettice Hooj^er appointed Chief Justice of
Neiv Jersey by George II.
I From the Original in the Library of New Jersey Historical Society.]
Trusty and Welbeloved We greet you well
Whereas We have taken into Considera-
tion the Integrity and Ability of Our
Trusty and Welbeloved Robert Lettice
Hooper Esq^, We have thought fit hereby
to require and authorize you forthwith to
cause Letters Patents to be passed under
Our Seal of that Our Province of New
Jersey, for constituting and appointing
the said Robert Lettice Hooper, Our Chief
Justice of and in Our said Province; To
have, hold, execute and enjoy tlie said
Office unto him the said Robert Lettice
Hooper for and during Our Pleasure, and his Resi-
dence within Our said Province, together with all and
singular the Rights, Profits, Priviledges, and Emolu-
ments unto the said Place belonging in as full and
ample manner as he the said Robert Lettice Hooper,
or any other Person hath formerly held, or of right
ought to have held and enjoyed the same, with full
1728] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 183
Power and Authority to hold the Supreme Courts of
Judicature at such Places and Times, as the same may
and ought to be held within Our said Province, And
you are to cause to be inserted in Our said Letters
Patents a Clause for revoking and determining the
last Letters Patents, whereby the said Robert Lettice
Hooper was constituted Our Chief Justice of Our
Province of New Jersey aforesaid. And for so doing
this shall be your Warrant. And so We bid you
Farewell. Given at Our Court at S\ James's The
Twenty ninth Day of Febmary 1727-8 In the First
Year of Our Reign.
By His Maj'f Command
HoLLES Newcastle.
Letter from David Ri/croft, of Barbadoes, to Messrs.
John Parker and Andrew Johnston, Merchants of
Perth Amhoy. — Gov. Montgomerie on his way.
IFi-om Ciriginal among the MSS. of W. A. Whitehead.]
Barbados March the 24^^ 1727-8
Dear Sirs [Extract ]
Col. Montgomery, your Governour Saled hence last
fry day who I wish may safe arive;' I cannot help con-
gratulateing you on his Majesties Early care in apoint-
ing a Gent to be your- Governour whose greatest
pleasure seems to be in doeing Justice to all mankind
1 Under date of November 4th, 1727, Ex-Governor Hunter wrote to James Alex-
ander from London: " In a few days I shall certainly Imbark and shall be glad to
hear from you to Jamaica. Mr. Montgomry Inibarks at the same time, this comes
by him and I have taken care to do you Justice w'h him, he is a very honest Gen-
tleman but will want good Advice. * * * * i doubt much whether Your Gov'r
Can gett in this Winter tho' he be resolv'd to venture I need not ask j-our advice
and Assistance when I am satlsfyed .\ouUl think it your Intrest to give them him In
the best maner j-ou are Capable."— Kutherfm-d Collection, Vol. I, No. 41.— Ed.
184 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
I must further say I think he has been Extremely
Handsome to you all for he assure! me himself that
he caryed no dependants with him but realy thought
whatever Posts of Profitt or Honour there was to be
given he did not doubt finding Gents of Merritt
enough amongst you who had lived there some time to
fill up such Posts. ^ ^ ^ ^
I am with great Sincerity
Gent, your affect f'^ & most Obedient Servant
David Rycroft.
To John Parker & Andrew Johnstone Esq" Mer-
chants in P. Amboy New Jersey
Via Rode Island
Governor Montgomerie to the Lords of Trade.
[From N. Y. Col. Doets., Vol. V, p. 85.5.)
New York May 6"^ 1728
My Lords [Extract.]
I thought it my duty to take the first opportunity of
acquainting Your Lordships that after a tedious Voy-
age, and being five months out of England, I have ar-
rived here on the 15"' of last month. I that Day pub-
lished His Majesties Commission here, and at Perth
Amboy in New Jersey the week thereafter. -' * *
All I can yet inform Your Lordships of, as to Affairs
ill New Jersey, is that in December last Governour
Burnet met the Assembly there which ended in Feb-
ruary; several Laws were past, of which he himself
will give You a particular account. As soon as I can
have them from the Secretary I shall transmit them to
your Lordships Ingross'd under the Seal of the Prov-
ince. J hope Your Lordships will be so good as to
forgive the imperfect and indistinct accounts I have
given yon ; Hereafter I hope to convince your Lord-
1738] ADMINlSTEATION" OF GOVERNOR MONTGOMERIE. 185
ships that my whole business here shall be to"do what
is for His Majesties service, and for the good of the
provinces he has been pleased to intrust to my care, I
shall always strive to deserve Your Lordships Appro-
bation, for I am, with great respect, My Lords,
Your Lordships' most obedient
and most humble Servant,
Address of the Grand Jury, etc., of New Jersey to the
King.
[From P. R. O. America and West Indies, Vol. VII, p. HI.]
To His most Excellent Majestie George the
Second of Great Brittain, France, & Ireland,
King Defender of the Faith &c
The humble Address of the Chief Justice, Second
Judge, High Sheriff, Grand Jury, Practi-
c'oners of the Law, & the Clerk of the Peace,
at a Supream Court, held at Burlington, for
the Western Division of the Province of
New Jersey, on the Seventh day of May
1728
May it Please Your Majestie,
Amongst the rest of Your most Dutiful & Loyal
Subjects, we beg leave with all Humility, to congratu-
' John Montgomerie was a Seotcliman by birth ; reared in the army, but later in
life served as governor of the bed-chamber to George 1st before his ascension to the
throne. He held also a seat in Parliament, and his consequent association with
men of influence led to his being selected to succeed C'overnor Euinet as governor
186 ADMINISTRATION OP GOVERNOR MONTGOMERIE. [1738
late Your Majestie, upon the hopes of seeing the Pub-
lick Peace restored, (through Your wise & unerring-
conduct. )
As the important consequences of Your Majesties'
Negotiac'ons make a daily accession to Your Glory, so
they give us an agreeable prospect, of the speedy con
fining of the Power of Spain within its just Limits.
While the Faithful adherence of Your Allies, & Par-
liaments, to Your Majestie in this Juncture, give us a
very particular Satisfaction; we in this remote part of
Your Dominions, beg leave to assure Your Majesty, of
our inviolable fidehty; & what we say on this occasion
is not only our own, but the unanimous sence of all the
people of this Province, who would be thankful for a
greater capacity to show that their zeal for Your Ser-
vice, is not inferior to that of the most approved, &
Loyal of their fellow Subjects.
We can't without a rapture of thankfulness, recount
our obhgations to Your Majestie, for Your Parental
care of Your People in this Distant CoUonie, Particu-
larly for sending His Excellency John Montgomerie
Esqr to Represent Your Majestie here, not doubting
but that we shall live peaceable, & happy, under his
prudent administration.
We shall not Trespass farther upon Your Royal
Patience, but shall offer up our fervent prayers to the
King of Kings, that he will please to direct Your Maj-
esty by his unerring wisdom, & always enchne Your
heart to his Glory, & encompass Your Sacred Person
with his Favour as with a Shield, & make your Gov-
ernment an universal blessing to aU Your Dominions,
is the hearty prayers of
of New York and New Jersey, on the transfer of that functionary to Massachusetts
Bay. Not being of a contentious disposition, the pubhc affairs were dispatched by
him in a peaceful manner. His administration proved to be short. He entered
upon his duties in April, 1728, and died on July 1st, 1731, not a little lamented ; so fa-
vorable an impres.sion had his kind and humane disposition made upon the people
—Ed.
]728] ADMINISTRATION OF GOVERNOE MONTGOMEBIE. 187
(May it Please Your Majestie) Your Majestie's most
Dutiful & most Loyal Subjects & Servants
We of the Grand Jury being of the People called
Quakers agree to the matter & Substance of this Ad-
dress but make some exceptions to the Stile.
Tho: Farmar Ch: Justice
Peter Bard Second Judge
Thol Hunloke High Sh
James Trent
Jno Roberts
Thomas Middleton
W'f Trough
John Schooly
Abraham Marriott
Joseph Pearson
Jerrom Lippincott
John Stokes
Nathan Middleton
Thomas Smith
John Steward
Roger Foort
3
1-3
a
u
O
Abraham Crow
Thomas Evens
Edward Barbon
Preserve Brown
Joseph Shreve
Joseph Stokes
William Matlock
Hen. Warrington
James Lippincott
Benj. Price
Pet Evans
Edw^' Price
James Gould
Edw'! Peirce
Sam! Bustill Clk:
I 5
o
<" ►J
O oj
Letter from Robert Hunter to James AleA\ in der— rela-
tive to his Property in New York and New Jersey
&c.
[From Original in Rutherfurd Collection. Vol. I, p. .>i.l
Jamaica Aug 10 1728
Sir,
I have yours w' 7, 8 barr"^ flower G N K., and an
ace' of y' purchase of y' House at Amboy w' which 1
am much pleas'd and much oblig'd to you. I own
that I have had a sort of Impulse or Inclination of
Laying my bones In that Country where I hop'd to
Live retirVl from aU buss'nesse In y^' latter part of my
Life, neither is it quite Lost as yet But an Offer that
comes now In my way, makes me think a Little of
188 admhstistration of governor mon'tgomerie. [1728
my Childrens case with lesse regard to my Own. It is
In short This. One Orgyle a genleman of this Coun-
try who has been Some Time in that has a mind to re-
tire thither & Settle there He has here One Estate In
partnership w* one Brooks which makes at present 80
hh''*" of Sugar a year & Capable of making more w*
more Strength. He proposes That, What I have In
N York or New Jersey should be valu'd by two p'sons
One nam'd by me and y'' other by him, and his Estate
and Negroes etc: valu'd in the Same manner here and
the Balance pay'd or Secur'd to be pay'd to him to
whom it is to be due. He has a mortgage upon his
partners other half for 1Y<)0''' which he would have me
also take and It is thought That my doing so may be
of advantage to both Now whether this may prove a
bargan or not I beg you'll Send me by the first Ship a
Schedule particularly mentioning houses Lotts or
Land In N. York or N Jersey w' a guesse of your own
at y" Value that I may make Some Judgment as to y''
Expediency of my Closing w' his Offer.
I was always of Opinion that dismissing Phihpse
from y*" Council would In y*" End prove hurtfull to
M' Burnet, but he would not believe me and pretended
that he had not Intrest enough Left to gett Into any
of y'' Elections. It is Some Satisfaction that none
of My Friends whom I recommended or to whos
friendship I recommended him have ever, not-
withstanding Some discountenance ever prov'd other-
ways to him then I promis'd In their Name, He has
an honest heart and good head but over hott w'^'' I was
affray'd might Some Time hurt him; Some Letters
mentioning the good Conduct of my Friends w' Rela-
tion to him Except M' Harrison, may Explain that to
me, for Harrison writes as If he had given no Occa-
sion for that Surmise. I am told that M'' Montgom-
ery has thrown himself Intirely into y'' Arms of M'
Philipse and M' Clarke. They are able men but will
1728] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 180
neither be very popular If fav 'rites, I wish he may
find his Ace' In it. Never Mortal In that Station had
greater Occasion for Sincere friends and Good advice,
He writes to me that he is determined to follow mine
(giv'n him at London) but These are words —
I Injoy perfect health here and my Boys are as tall
as I am almost, I have Sent Thom to Sea by his own
Desire, Indeed Charles had so much The heels of him
In aU other p'ts of Learning Except y'' Mathematical
that y'' boy was Quite discourag'd. And I must tell you
(tho' there is some vanity in'tbut no partiality) Charles
is one of y" most hopefull youths I ever Knew of
his years, & a Comfort & pleasure to me Thom is In-
deed well Suited for a Camp or Fleet.
I Shall make you no Compliments for your Care &
friendship; Only If I can return it to you or the re-
motest of yours It would be a very particular pleasure
To me, For I have ever had as great at Least a pleas-
ure In returning favours as in receiving them I am
pleas'd to hear that you are above dependance, &
whilst you keep Steady to your principle you'll be so
I am Most Sincerely Yours,
Ro: Hunter.
My hearty Services to all my friends particularly,
D' Johnston, M' Morrice & Family I hope they are
now one again —
Letter from Governor Montgomerie to the Lords of
Trade.
[From N. Y. Col. Docts., Vol. V. p. 858.]
New York August 13*^ 1728
My Lords [Extracts.]
I send Your Lordships by Captain Smith Command-
er of the Beaver, the Acts past in the last Assembly
190 ADMINISTKATION OF GOVERNOK MONTGOMERIE. [1728
of the province of New Jersey, the Minutes of Council
and a letter from Governour Burnet relating to them
* * * I hope Governour Burnet's letter will fully
satisfy Your Lordships that there is no danger in ap-
plying the 5 per cent. Interest of the Jersey Bills, for
the support of his Majesties Government of that prov-
ince: The Certificates he sends are proofs that the Bills
are annually and duely sunk and that the Credit and
Value of those that remain rises, while this is the case
the art of Man will not induce the Assembly to apply
the interest any other way, and it wiU be a dangerous
thing to let such a sum remain in the Treasurer's hands
* * My Lords,
Your Lordships most obedient
and most humble Servant
J. MONTGOMERIE.
Eec'd 9 Oct; 1728.
Letter from Governor Burnet to the Lords of Trade —
relating to recent acts of the New Jersey Assembly.
[From r. E. O. B. T. New Jersey, Vol. m, E -13.]
Letter from M'" Burnet late Governor of New
Jersey containing remarks upon 12 publick
Acts passed there in 1727-8 and transmit-
ting them and other pubhck papers Rec"^
Oct^ 9**^ 1728
New York 3*^ July 1728
My Lords
I have now received His Majesties Commissions and
Instructions for the two Governments of the Massa-
chusetts Bay, and New Hampshire, and am preparing
with all possible Dispatch to go to Boston: where I
shall be very desirous of receiving Your Lordships
1T28] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 191
Commands, and shall be very regular in giving Your
Lordships full accounts of my Proceedings, from time
to time.
I have been releived in this Government by Coll:
Montgomerie, who has already acquainted Your Lord-
ships of his Arrival and has referred Your Lordships
to me for a particular account of the last Sessions of
Assembly in New Jersey, in which 12 publick Acts
were passed, and one private one,
If An Act for the making of twenty four thousand
seven hundred and sixty pounds in Bills of Credit, in
order to exchange the Bills of Credit formerly made
current in this Province, by an Act passed in the year
of our Lord 1723.
This Act makes no Increase of the paper money, but
as several counterfeit Bills had been made in Ireland,
it was necessary to print them in a new form, as is
fully recited in the Preamble: and by this Your Lord-
ships may perceive that £15,240 of the Bills are already
sunk, for the last Set were duly sunk in May last ac-
cording to the Directions of the Act, by which the
Bills were issued.
2'"/ An Act for shortning of Law Suits, and regulat-
ing the Practice of the Law.
There is one Clause in this Act, that Causes under
20. £ are not to be brought into the Supream Court,
except where Titles of Land are concerned, which was
in a Law formerly repealed, and therefore I would not
have passed it, had not the Assembly provided a Salary
for the Secretary, at whose Sollicitation only that
former Law was repealed, and who now declared that
he did not object to the passing the present one.
S'^J*' An Act for the Limitation of Actions and avoid-
ing Suits in Law.
This is only declaratory of all the Limitation Acts in
England being in force in New Jersey.
^thiy ^j-^ ^^^ £qj. ^Yiq frequent Meeting and calling of
192 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
the General Assembly of the Province, and for the
alternate sitting thereof.
I w^as very unwilling to pass a Clause in this Act,
whicTi appoints Triennal Assemblies, but finding that
the Assembly were annually chosen by the Concession
of the first Proprietors, and by an Act passed under
the Proprietors Government; and being assured that
My Lord Cornbury had an Instruction to reenact all
Laws that might be thought beneficial, It seemed to
me that the Province had a sort of Title to this Clause,
which however, is submitted to Your Lordships
whether you will recommend it for His Majesties Con-
firmation. I send herewith an Office Copy of the
Concession and Act, which induced me to comply with
the Assembly and Council in passing this Act
gthiy ^j-^ j^Q^ prescribing the forms of Declaration of
fidelity, the Effect of the Abjuration Oath, and
Affirmation, instead of the forms heretofore required
in such Cases, and for repealing the former Acts in
the like Cases made and provided.
This Act is made in Pursuance of the last Act of
Parliament for the Ease of the Quakers, and of the
Instructions given in their favour to the Governours
of New Jersey. The only Addition is, that in the
Test, they are allowed by this Act to say, that which
is commonly called the Sacrament, &'>. for they said it
was contrary to their Principle to call it a Sacrament
gthiy j^^-^ j^^^ ^Y^Q better to prevent the concealing of
Stray Cattle, Horses and Sheep.
•j-thiy ^j-^ j^^j^ £qj, preventing inalitious Pi'osecutioiis
on Indictments and other Suits of the Crown, and
rectifying sundry Abuses in the Proceeding thereon.
This is only to clear the Defendants from Costs, in
Case they are acquitted, and what gave occasion to it,
was the many illegal and vexatious Prosecutions car-
ried on by M- Bass, late Attorney General.
gthiy i^^ j^^^ £qj, appropriating a part of the Interest
1728] ADMINTSTRATION OF GOVER^rOR MONTGOMEKIE. 103
money paid into the Treasury by virtue of a Law of
this Province, to the Incidental Charges of this Gov-
ernment, and for subjecting the Residue to future
Appropriations.
Your Lordships will see by my Speech in the Begin-
ning of the Session, that I earnestly recommended it
to the Assembly to sink the Interest, according to
Your Lordships Directions to me: But I found it to
no purpose, and that they would not, nor durst not
raise a farthing on the Country while that lay unap-
])lyed. So that since I could not prevail with them to
sink it, I saw it must always lye in the Treasurers
hands, which was neither safe nor of any Use to sink-
ing the Bills, or be applyed to the Uses of Govern-
ment, which I hope Your Lordships will ajjprove,
when you consider to what a Dilemma I was reduced .
I was indeed in hopes that my Letter of the 30"'
June 1727, had satisfied Your Lordships, since I had
received no fresh Orders on that head, till I found by
Governour Montgomery that Your Lordships were
still apprehensive that the sinking fund was not com-
pleat without the Interest, and that the Credit of the
Bills would suffer by applying it another way, but I
have the Satisfaction to send Certificates of the
present Value of Jersey money, by which Your Lord-
ships will see that the value of that money still
encreases, even after the passing the Act which I am
now upon: With my Letter of 19'" Dec' 1727, upon
this Subject I sent Your Lordships authentick Certifi-
cates, that the Value of Jersey paper money was then
advanced nine pence in the pound and upwards, and
by the Certificates I now send, it will appear that it is
advanced fifteen pence in the pound and upwards, and
as to the Sufficiency of the payments of the Capital to
sink the Bills without the Interest, I endeavoured to
explain that at large in my Letter of the 19^" Dec-
172(1. and tiierefore I shall only remind Your Lord-
14
194 ADMINISTRATIOK OF GOVERN^OR MOKTGOMERIE. [l'<'38
ships, that, as by the Act S^ per Cent of the Capital is
to be paid in for 10. years, and 7^. of the Capital for
the 2. last years of the 12, This will exactly sink the
money: And if any deficiency should happen in the
private Security's, of which I have not yet heard one
Instance, the Counties are responsible for a yearly Tax
to make it good, and yet the Eepresentatives of these
Counties are so little apprehensive of being called upon
for it, that they are unanimous in rejecting this addi-
tional Security of the Interest, and impatient to apply
it another way. As I did in my Letter of the 30^'' of
June 1727, pawn my Credit to Your Lordships on the
Success of this Method of applying the Interest: And
since Your Lordships may now see from the Experi-
ment, that the money has advanced in Credit, as I
expected, I hope Your Lordships will excuse my giving
way to a Measure which I could not avoid and with-
out which, I wiU venture to say no Supply's are to be
obtained from the People of that Province.
Qthiy ^j-^ ^Q^ fQj. ^YiQ Amendment of the Law relating
to Highways and Bridges, for explaining certain
Clauses in several former Acts concerning the Power
of the Justices and freeholders therein mentioned, and
for directing the Method for raising of money to pay
for the Bridge last built over South River.
]^Qthiy j^^^ ^(2t for lessening the Salaries of the Com-
missioners appointed to manage the Loan Offices, in
the several Counties of this Province.
As the Duty of these Commissioners is much less-
ened by the Quantity of the Bills being diminished.
It was thought reasonable to reduce their Salaries,
which is a considerable Saving to the Province.
11".'^^ An Act for Vesting the Right of Election of
Representatives to serve in the General Assembly of
this Province, in the County of Hunterdon, in the
Western Division thereof, and for suspending the
Choice of the Town of Salem, until some future Pro-
vision made.
1728] ADMINISTRATION" OF OOVKRNOR MONTGOMERIE. 195
This Act was only to establish the Metliocl directed
by my last Instruction for electing Representatives in
Assembly.
12"!'^' An Act concerning the acknowledging and
registering Deeds and Conveyances of land and
declaring how the Estate or Right of a feme Covert
may be conveyed or extinguished.
The main Substance of this Act had been once passed
before, but the Repeal of it obtained by the Secretary,
who at this time declared in Council, that in Consid-
eration of the Salary provided for him by the Assem-
bly, he did not object to the passing of this Act, which
Declaration of the Secretaries Your Lordships will find
in the Minutes of Council of the 8'!' or 9*'' of February.
Besides I found that the Representation made to Your
Lordships, that this Act, and that concerning short -
ning Law Suits, had been formerly enacted only to
punish M^ Bass the Secretary, were not well grounded,
for that the Country were very uneasy at the Repeal
of those Acts, and very pressing to have the Substance
of them reenacted : And since I found that the Repeal
of those Laws was wholly founded on such a Repre-
sentation from the Secretary, and that he now declared
that he did not object to them, I hope Your Lordships
will think I was sufficiently enabled to give my Con-
sent to them .
The private Act was for naturalizing certain Persons
therein named.
This is aU that I thought worth troubling Your
Lordships with, conerning that Session of Assembly
in New Jersey, in which Your Lordships will observe
by the Minutes of Council and the Votes of the Assem-
bly, that there were more Contests than have ever
happened before, and that the Council have moderated
and refused several unreasonable things proposed by
the Assembly. I herewith enclose the printed Acts
and Votes of that Session, and Governour Montgomery
196 ADMINISTEATtON OF GtOVERNOR MONTGOMERIE. [1728
has promised me to enclose this letter in his Pacquet,
when he sends the Engrossed Acts and the Minutes of
Council, which the Secretary is preparing to deliver to
him, I am with great Respect
My Lords Your Lordships
Most dutifull and most obedient
humble Servant
W. Burnet.
Commissioners for Truing Pirates in the Plantations.
[From P. R. O. B. T. Plantations General, No. 35, Ent. Book F, p. 111.]
Representation upon an Order of Council, dated
y® 1*.^ Instant, requiring this Board to pre-
sent y? Names of Persons proper to be
inserted in the New Commissions for Try-
ing Pirates in the Plantations.
To THE King's Most Excell?" Majesty.
May it please your Majesty,
[Novem'"' the 0'" 1T2S]
In Obedience to Your Majesty's Commands Signi-
fy'd to us by your Order in Council, of the 1" Instant,
we take leave humbly to lay before Your Majesty, the
Names of those Persons which we conceive proper
to be inserted in the Commission to be Pass'd the Great
Seal, for Trying all Such Pirates as are or shall be
taken in any of your Majesty's Plantations in
America; As also Our Opinion which of those Planta-
tions may be fitly comprehended within each Commis-
sion.
[Commissioners for Jamaica, Barbadoes, Leeward
Islands, Bahama Islands, Virginia, Carolina and Mary-
land were first inserted.]
1728] ADMIXISTRATION OF GOVERNOR MOXTGOM ERIi:. 197
Commiss'.^ for New-York, East & West New-
Jersey, Pen'sylvania & Connecticut.
John Montgomerie, Esq^ Your Majesty's Captain-
General & Governor in Chief in & over Your Majesty's
Provinces of New York & New Jersey, and the Terri-
tories depending thereon in America; or the Governor
or Commander in Chief of the said Provinces for the
time being.
The Proprietor & Governor of Your Majesty's Prov-
ince of Pennsylvania, Or the C\)inniander in Chief of
Pennsylvania for the time being.
The Governor of Your Majesty's Colony of Con
necticut, for the time being.
The Vice- Admiral or Vice-Admirals of the Provinces
of New York, East & West New Jersey, Peinisylva-
nia, and of the Colonv of Connecticut, for the timy
being.
Robert Walters, Rip van Dam, John Barbjrie,
George Clarke, Francis Harrison, Cadwalader Colden,
James Alexander, Lewis Morris, Jun'" Abraham van
Horn, William Provoost, Philip Livingston and Archi-
bald Kennedy, Esq'-® Members of your Majesty's Coun-
cil in the Province of New York, during their being of
Your Majesty's said Council; And the Members of
Your Majesty's Council in the Said Province for the
time being.
Lewis Morris, John Anderson, John Hamilton, .John
Parker, John Wells, John Hugg, John Johnston, Jun!
John Reading, Peter Baird, James Alexander, James
Smith & Cornelius Van Horn Esq""' Members of Your
Majesty's Council in the Province of East & West
New Jersey during [hen- being of Your Majesty's said
Council; And the Members of Your Majesty's Council
in the said Province for the time being.
[Commissioners for Massachusetts Bay, New HauDi)-
198 ADMIKISTRATION" OF GOVERNOR MOJSTTGOMERIE. [l^^S
shire, Rhode Island, Nova Scotia, New Foundland and
Bermuda Islands then follow.]
All which is most humbly Submitted,
Westmorland.
p. docminique.
Whitehall Nov^-" y*^ 6*.'^ 1Y28. M. Bladen.
0. Bridgeman.
W. Gary.
Memorial of James Smith, Secretary of Neiu Jersey,
to the Lords of Trade — relative to his fees.
LFrom P. R. O. B, T. New Jersey. Vol. Ill, E. 44.1
Memj of James Smith Secr'y to y® Province of
New Jersey in relation to two Acts pass'cl
there in 1727 whereby he was prejudiced
mth respect to his Fees &cf rec'd from M'"
Doeminique Novem 14: 1728.
To the Right Honorable the Lords Commission-
ers for Trade and Plantations.
The Memorial of James Smith Secretary of the Prov-
ince of New Jersey Hiimhly Sheweth
That about the Year 1717: Upon a Memorial then
presented to Your Lordships, complaining of Some
hardships his Office was at that time laid under, by
means of three Acts of Assembly made in the time of
Robert Hunter Esq: then Governour, one Intituled an
Act for Shortning of Law Suits, and Regulating the
practice of the Law, an Act for Recording of deeds in
each respective County, and another Act for confirm-
ing an Ordinance for Establishing fees, which said
three acts his late Majesty was pleased to disallow
1728] ADMIXISTRATION OF GOVERNOR MONTGOMEIJIE. 199
about the Year 1721: Upon Your Lordships represen-
tation made there on.
Notwithstanding which Disallowance; the late Gov-
ernour William Burnet Esq: did, in the Year 1727: for
the Sum of Six hundred pounds given to him by the
Assembly, under the name of Incidental charges, Re-
enact the Aforesaid Laws, and caused a New Ordi-
nance to be Made in which the fees only of the Secre-
tary are Reduced very near to what they were when
first complained of.
Some objections were made in Council about Re en-
acting the Aforesaid Laws, by reason of part of a 37*^
Instruction (as by the Minutes of the S'\ of January now
Transmitted home to Your Lordships, (may more fully
appear.) To remove which; the Assembly voted to
the Secretary twenty five pounds a year, for so long
time as the Said Acts Should remain in force, in
consideration of the loss his Office would Sustain there-
by, which he is Sure will be more than Sixty pounds a
Year.
Your Memoriahst did oppose in Council as much as
he could the passing of the Said Acts, but found it
was to no purpose, and if he did not accept of the said
twenty five pounds a year, he would have nothing.
To give Such acceptance the better colour; the late
Governour insisted upon and would have an Entry
thereof made in the Minutes of Council according to
his own direction and obliged him to Sign a Copy
thereof, by which may plainly Appear the hardships
and necessity he was at that time laid under.
All which Your Memoriahst most humbly prays
Your Lordships will pleas to take into Your Considera-
tion I am with Greatest Respect
Your Lordships most Obedient Humble Serv!^
James Smith.
300 ADMINISTRATION OF GOVEENOR MOJSTTGOMERIE. [1?28
Letter from the Lords of Trade to Governor Mont-
gomerie.
[From New York Col. Docts., Vol. V, p. 870.1
To Coll: Montgomerie Gov"" of New York and
New Jersey.
Sir, [Extracts.] ^
Since our letter to you of tlie 2()"' of June, we have
received your's of the 30*'' of May and 13"' of August,
as also one w^hich you inclosed to us from M'' Burnet,
dated the 3"' of July last, with the several publick
papers therein referred to. * * * /•
We have considered M"^ Burnet's reasons for having
given his assent to the Act for appropriating a part
of the Interest Money, paid into the Treasury, hy vir-
tue of a Law of this Province, to the incidental enlarges
of this Govern^ and for subjecting the residue to future
appropriations, and we have read the certificates
which he enclosed to shew, that the Paper Bills have
risen in value, since the passing of this Act: but we
can by no means agree with him, that the interest
arising from thence, having been detained in order to
answer any deficiency, which might have happened,
has given no credit to these Bills, supposing even that
this was a fact.
We can't imagine how M'' Burnet can justify his
having given his assent to any Act for applying the
said interest money, without a clause for preventing
the said Acts taking place till his Maj'-'* pleasure could
be known thereupon or at least without having con-
sulted us, after having received a letter, wherein, we
1728] ADMIXISTKATION OF GOVEKXOK MONTGOMERIE. 201
SO sufficiently explained our thoughts upon this Sub-
ject.
We find that by the last Clause of this Act, that the
Interest money, as the same shall rise, is made appli-
cable to such uses, as the Gen' Council and Assembly
shall direct, so that should this Act remain unrepealed
till the Act for creating paper money expires, and any
deficiency should happen, a Tax must then inevitably
be laid upon that County where such deficiency shall
happen, to make good the same, but if none (should
happen, the interest arising from these Bills will then
be so much clear gain to the province. We therefore
desire you will move the Assembly to pass an Act for
repealing this last clause, and if they cant think
proper immediately to comply therewith we v/ill lay
this Act before His Majesty for his disallowance.
We are the more determined upon this point because
the gain which will accrue to the Prov'"'' cannot arise
till the Paper Money Act shall expire, and therefore,
the interest already paid in by the borrowers having
been applyed to different uses, than that to which it
was originally designed, has prevented the sinking the
same value of paper Bills as that interest would have
amounted to.
Upon this head we shall exiDect to hear from you as
soon as possible.
****** ***
Your very loving friends and humble Ser'^
^ P DOEMINIQUE.
C Bridgeman
Whitehall Novl' 20"^ 1728. W Cary
Tho? Frankland.
203 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
Letter from James Alexander to Cadivallader Colden
— relating to Peter Sonmans.
LFrom Original Draft In Rutherfurd Collection, Vol. I, p. 77.]
[Nov 25*^ 1728]
Dear Sir
[Extract]
Att Perthamboy we had hard Strugghng ag- Son-
mans & the information ag* him for a cheat in receiv-
ing the prop" quit rents without power a Special ver-
dict was found which finds he gave himself out to be
receiver produced a proclamation from Lord Cornbury
to induce them to believe lie was & received from the
people their quit rents as receiver & that he offered
not upon the tryal any Commission Letter of Attorney
or other thing appointing him * * which I think is
in effect finding him guilty.
he had also brought severall Ejectments of Consid-
erable moment one whereof was tryed & a verdict
found ag^ him & another he appeared not in but Suffer-
ed himself to be nonsuited. So that he I believe is
pretty well humbled & I hope will desist for the future
Embroihng the prop''' affairs as he has done now for
several years, this matter may be impertinent to
write to you but as its what has been most in my
thoughts Since I saw you & the consequence Some
Satisfaction to me there's some pleasure in Communi-
cating it * * * *
1728] ADMINISTIIATION OF GOVERN'OR MONTGOMEEIE. 203
Letter from Sir William Keith to the Secretary of the
Lords of Trade — relative to certain manufactures
in the Plantations.
From p. R. O. B. T. Plantations General, No. 8, L103.]
Lre from S"" W°' Keith in Answer to One writ
him the 26^^ of Nov": 1728, relatmg to y"
Silk, Linnen or Woollen Manufactures in
y^ Plantations
Nov'" 27*^ 1728
Sir
In answer to yours of the 26*'' Instant, I Shall at all
times be redely, To Satisfie the Lords Commiss" for
Trade and Plantations, in everything that is within
the Compass of my Knowlege and Power; And to the
Question Contain'd in your Letter, I Know of no Com-
pany or Society of men, that have actually Engaged
In any Project for carying on Manufactories either of
Silk, Linnen, or Woolen, But I have heard that Some
few Experiments have been made both for raising Silk,
& Working Hemp up into Sail Cloth,^ with a view, as
I Suppose, to Induce People to Enter into Some Pro-
jects of that nature; and as to any Manufactures of
Woolen, Their Lordships very well know, That it is
already prohibited by act of Parliament, from being
either Water born, or Transported by Land from one
Colony to another, So that there is no Room to form
any Considerable Project of that kind; nor did I ever
hear, that Woolen Cloth has been made in any of the
Plantations otherways. Than that 'every Farmer is by
Industry led to employ his spare time in working up
the wool of the few sheep he is obliged to keep on his
Farm, for the Improvement of his Land, for the use
304 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
of his Family, and in like maner he often Kaises a
small Quantity of Flax, which is broke or dress'cl com-
monly in the Winter Season, and Spun up into Course
Cloth by the old Women and children, for the same
use. ' I am Sir
Your most humble and most obedient Servant
W Keith
Mr. Popple
[Another letter was received by the Lords of Trade
dated November 29th, 1T28, as follows:]
My Lord.
When your Lordship pleases to consider the differ-
ent Climates, Produce and Trade of the Several Colo-
nies now Settled on the North Continent of America;
You will find that ) none of the Inhabitants to the
Southward of Pensylvania (excepting one County
called Sommerset upon the Eastern Shore of Mary-
land) have any Temptation or ability to Manufacture
either Wooll or Flax to Advantage,^ for their People
are so entirely Employ'd upon Tobacco <Sz fiice, that
they can Scarce afford time to raise Corn enougli to
Supply their Familys with Bread; But' the aforesaid
County of Sommerset does at this time make a good
deal of Cloth which may proceed partly from the soil,
not being so fit for Tobacco, and partley from its being
Inhabited by People who have been Educated &
brought up to that sort of Business in Ireland,! But in
Pen'sylvania, New Jersey, New York, Connecticut,
Rhode Island, New England, &c: It is otherways, and
I conceive the following Reasons may be assign'd why
these People have in some measure fallen into a
Minute or peddling Manufacture of Wooll and linnen
Cloth for the use of their own Families.
1'.' Their Principal Product is Stock and Grain, and
Consequently their Estates depend wholly upon good
172S] ADMINISTRATION OF aOVERNOK MONTGOMERIE. 205
Farming, and this cannot be carried on without a
Certain Proportion of Sheep (which in a good Pasture
there, Lamb twice a Year, and every Ewe generally
brings two and often three Lambs at a time) so that
the Wooll would be lost, if they did not imploy their
Servants at odd times, & chiefly in the Winter Season
to work it up for the use of their own Families.
2'! An Acre of Flax which will produce from 1(»0() to
1500 w' is easily raised, and coarse Cloth made of it,
will do twice the Service of Cloth of the same finess
that comes from any part of Europe, which in like
manner leads the Industrious Farmer to Employ his
Intervals of time in making up small parcels of such
coarse Cloth for the use of his Family, and likewise he
often raises also a small Quantity of hemj) to make
bags, plough Traces, and halters for his own use, they
being as said before, of a better Quality for lasting
than any that can be purchased in the Shops.
8'/' The Old Women and Cliildren, fit for no other
Business about a Farmer's House, are made usefull
in Carrying on a little Manufacture for the Service of
the Family, & by this means also every one is C/on-
stantly Employed within or without doors, let the
Weather or Season be ever so bad.
4*!' Grain being the chief Product by which they are
Enabled to purchase Clothing, and other European
Goods, Those Settlements which are back in the Woods
and far distant from JSTavigation have not the oppor-
tunity of a Market for Grain, which will not bear the
Charges of a Great Land Carriage, wherefore they
raise no more C^orn in such i)laces than what they
Consume themselves, by which means they can spare
more time to work up so much Wooll and Flax into
Cloth as they want for their own use.
These, My Lord, being Facts upon which the true
State of this Matter Depends, It will, I apprehend, b(3
impracticable to Restrain the People from a part of
206 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1728
their Industry which is so Essential to their Subsis
tence, unless some method can be found out to Tempt
or lead them Volentarily into another more profitable
way of Employing their Spare time, & I cannot think
of any thing, that would so Advantageously Contribute
to that end, as a Eeasonable Encouragement for them
To go upon Naval Stores fit for the Service of Great
Britain.
Give me leave further to observe to your Lordship,
ThatHhe Hire of Servants, or the purchase of them
with the expence of Maintainance and Clothing &c:
is at this time so high in America, That it is Demon-
strably impossible for any one private Family to work
up either Woollen or Linnen Cloth, But what will cost
50 p' Cent more than that which comes from Europe
for Sale, 'wherefore if they are at present only prevent-
ed from Entering into any Society for a Manufacture
of that kind, and from Transporting it to other places
for Sale (as indeed they are akeady by Act of Parlia-
ment, with respect to Woolens) it will be Sufficient to
answer every Reasonable purpose that can be propos'd
and if it at the same time they are incouraged to go
upon Naval Stores,^ such a Regulation will go the more
easily down.
Letter from Governor Montgomerie to the ■ Lords of
Trade.
[From N. Y. Col. Docts., Vol. V, p. 871.1
New York November 30*^ 1728
My Lords [Extract.]
I had the honour of Your Lordships letter of the
20^'' of June and I return my most humble thanks for
the favorable hopes you are pleased to entertain of my
Administration, and the Assurance you give me of
Your assistance and protection, which I shall always
endeavour to deserve.
l?28j ADMINISTRATION OF GOVERNOR MONTGOMERIE. 207
My last letter to Your Lordships was of the 1 3*'' of
August by Captain Smith in the Beaver, with it I also
transmitted the Minutes of Council, And Acts passed
in the last Assembly that Governour Burnet called in
New Jersey: I did not then nor shall I now presume
to make any remarks on what was done by my pre-
decessor, but I leg leave with great Submission to sug-
gest, that I think it will contribute very much towards
my carrying on successfully His Majesties Service in
New Jersey, if the obtaining the Royal Assent to the
Triennial and Quaker's Act, be at least delay'd till you
know how the Assembly of that Province behaves
when I meet them at Burlington on the 10"' of next
month. * * ^^ *
I am with great respect. My Lords,
Your Lordships most obedient
and most humble Servant,
J. MONTGOMERIE.
I beg pardon for making use of another's hand hav-
ing sprained my wrist.
Representation by the Lords of Trade to the Lords of
the Committee of the Privy Council — relating to
certain manufactures in the Plantations.
LFom P. R. O. B. T., Plantations General. No. 3.5, Ent. Book F, p. 13G.]
To the Right Honorable the Lords of the Com-
mittee of His Majesties most Honorable
Privy Council.
My Lords,
Pursuant to Your Lordships (3rder, of the 11)'!' of the
last month, directing us to lay before Your Lordships
the best Informations we can procure, whether any
Projects for promotmg the Silk, Linnen or Woollen
Manufactures in any of His Majesty's Plantations,
have been at any time carry'd on, and to what Degree
208 ADMINISTRATIOK OF GOVERNOR MONTGOMERIE. [1728
of Perfection the same may have been brought: We
take leave to acquaint Your Lordships, That we have,
upon this Occasion been attended by several Persons
who have been Governors of some of His Majesty's
Plantations, and upon Discourse with them we find,
That in the Colonies of New England, New York,
New Jersey, Connecticut, Rhode Island, Pennsylvania,
& in the County of Somerset in Maryland, the People
have fallen into the Manufacture of Woollen & Linnen
Cloth, for the Use of their own Families, but we can-
not learn that they have ever Manufactured any for
Sale in any of the Colonies, except in a small Indian
Town in Pennsylvania, where some Palatines have of
late Years settled.
The Reasons which may be assign VI, why these Peo-
ple have begun this Manufacture, are,
1^.* That the Product of these Colonies being chiefly
Stock & Grain, the Estates of the Inhabitants depend
wholly upon Farming; And as this cannot be carry Yl
on without a certain Quantity of Sheep, their Wooll
would be entirely lost, were not their Servants em-
ploy'd at leisure time of the year, but chiefly during
the Winter, in Manufacturing it for the Use of their
Families.
2'! Flax & Hemp are likewise easily rais'd, & the In-
habitants manufacture them into a coarse Sort of
Cloth, Bags, Plough- Traces, & Halters for their
Horses, which they find, do more Service than those
they have from any part of Europe.
8'! Those Settlements which are distant from Water-
Carriage, and are remotely situated in the Woods,
have no Opportunities of a Market for Grain ; & there-
fore, as they don't raise more Corn than is sufficient
for their own Use, they have more Time to manufac-
ture both Wooll & Flax for the Service of their Fami-
lies, & seem to beuuder a greater Necessity of doing it.
Upon a further Enquiry into this Matter, we don't
find that these People had the same Temptation to go
1728] AD.MIN'l.STRATIUX OF GOVEKNOK MOXTdOMERIK. 209
on with these Manufactures, during the Time that the
Bounty upon Naval Stores subsisted, having then En-
couragement to employ their leisure Time in another
way, & more profitably both to themselves and this
Kingdom; For the Height of Wages, and the great
Price of Labour in general in America, makes it im-
practicable for the People there to Manufacture Linnen
Cloth at less than 20-P' Cent more than the Rate in
England, or Woollen Cloth at less than 50-P' Cent
dearer than tliat which is Exported from thence for
Sale:
But as the small Quantities which they Manufacture
for their own Use, are a Diminution of the Exports
from this Kingdom; It were to be wish'd that some
Expedient might be fallen upon to divert their
Thoughts from Undertakings of this Nature; and so
much the rather, because these Manufactures in Pro-
cess of Time may be carry 'd on in a greater degree,
unless an early Stop be put to their Progress; and the
most natural Inducement that we can think of to en-
gage the People of America to desist from these Pur-
suits, would be to employ them in Naval Stores, where-
fore we take leave to renew our repeated Proposals,
that a reasonable Encouragement may be given for
the Making, Raising & Manufacturing of Naval Stores
of all kinds in the Plantations, from whence we may
be furnish'd in return for our own Manufactures, and
much money might be sav'd in the Balance of our
Trade with the Northern Crowns, where these mate-
rials are chiefly paid for in Specie.
If your Lordships shall be of the same Opinioji, we
beg leave to refer our Selves to our Representation of
the 20*1' of March last, wherein we have laid before
His Majesty tlie different Sentiments of all Persons
concern- d relating to the - Propagation of Naval Stores
in America, witli our Pjoi)osals what Encouragement
will be necessary to induce the People in the Planta-
15
210 ADMINISTRATIOK OF GOVERKOR MONTGOMERIE. [1728
tions to undertake the same; But whenever the Legis-
lature shaU be dispos'd to give Premiums for this Pur-
pose, it might be reasonable at the same time to pre-
vent as far as may be, the further Growth of the
Woollen & Linnen Manufactures in the Plantations by
Act of Parliament.
And notwithstanding Provision is already made by
the W Section of the 10"' & 11*" of K. WiUiam, Enti-
tled, An Act to prevent the Exportation of Wooll out
of the Kingdoms of Ireland & England into Foreign
Parts; & for the Encouragement of the Woollen Man-
ufactures in the Kingdom of England, That no Wooll,
WooUfells or Woollen Goods, &c. of the Growth or
Manufacture of any of the British Plantations in
America, shall be Exported by Land or Water, out of
the respective Plantations where they grew or were
manuf actur'd ; yet we conceive, this Law might be ex-
tended further.
And altho' it might not be reasonable to prevent the
poor Planters who have not wherewithal to purchase
British Manufactures, from Cloathing themselves by
their own Labour, yet in our humble Opinion it might
be advisable to provide, that Woollen Goods made in
the Plantations, should not be expos'd to Sale there.
The like Care in our humble Opinion should be taken
to prevent the Growth of the Linnen Manufacture in
the American Colonies, because we are inform' d that
some Palatines settled in Pennsylvania, as aforemen-
tion'd, have lately made small Quantities of Linnen
for sale there.
We are, My Lords, Your Lordships most obedient
and most humble Servants,
P. DOEMINIQUE.
M. Bladen.
0. Bridgeman.
Tho. Frankland,
Whitehall, Dec"' 5* 1728. W. Cary.
Vt2S\ ADMIKISTRATION OF GOVEKNOll MONTGOMERIE. 211
Proceedings of the Council of Proprietors of West
Jersey — relative to the appointment of a Surveyor
General.
(From Original among the Papers of James Alexander in the Rutlierfurd Collec-
tion.]
[Letter from Thomas Budd to James Alex-
ander.]
Sir: In Pursuance: of the order of the Councill of
Proprietors at their Last Meeting Place make Bold to
Inform You that ye Said Councill haueing been In-
formed y' You haue Signifyed A Designe of Declining
y^ office of Surueyor GeneraU in jf western Deuision
which put them upon thoughts of Some other person
to officate in that office and Come to a Eesult to
appoint M! John Burr: to be our Surueyor Gener" of
the aboues*^ Diuision not with any Disrespect y* we
haue to your Person or any thing that they haue to
Lay to Your Charge in not officiating your office as a
very Good & faithful! officer & hereby Signifie their
Sattisfaction with you y' way hoping y' you will Com-
ply with the following Desire of y'^ aboues'J Councill
Burlington May yf 8'!^ 1828—
At a Councill of Peoperitors: held for the
Diuision of the prouince of New Jersey at
ye house of George Willis
Present
Col^ Daniel Cox Thomas Wetherill
Joshua Yf right John Mickle
Thomas Lambai't John Hinckman
Thomas: Budd John Burr
312 ADMINISTRATION OF GOVERKOR MONTGOMERIE. [1728
Ordered that the Clarke write to James Alexander
to Desire him to Deliuer up unto John Burr who: is
Chosen Surueyor Geni" of Land for ye Properitors in
ye western Deuision of new Jersey for this Current
Year all the Books of Records of Surueys maps
Draughts & papers Relating to Land in ye aboues^
Deuision, and s'' Burrs Receipt: Shall be Said Alexan-
ders Discharge
A True Coppy: p^ me: Thomas Budd Clarke
Letter from, John Burr to James Alexander.
[From Original among the Pajiers of James Alexander in the Rutherfurd Collec-
tion. I
May the 8"! 1728
Kind jV^
The Trublesoin Occation of my Writing at this time
is occationod by the Late Proceeding of the Con" of
propritors in Appointing me To be Suru! Geni' of
Land in the Western Deuision of New Jersey; What
was Not only foreign To my Thoughts but as Disa-
greeable To my Mind; without first Knowing V/hether
or no thee Raelly Declined seruing in that office ffor
altho, thy Residing at New York May j^ossablely Ren-
der the matter More Diffical for thee To Agitate and
not Atogether So Conveniant for the people Yet the
Regulation we haue been vnder in Suruaying tfe Re-
surueying our Lands since thy Accession To that Office
may very well atone for that according To my
Thoughts: Nor haue I Any Inclination To Act or Any
ways Intermiddel in that affair without thy Consent
Thy Answer will be very Agreeable To my Desier;
who with Due Respects Remain thy Rael fr'' To Serve
When May. John Burr.
[Addressed] To James Alexander Esq' at New York.
These —
1738] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 213
From the Lords of Trade to the King — sid^niittiuq for
his approval a7i a^t of the New Jersey Assembly
for rumiing the partition line between the Eastern
and Western Divisions &c.
[From P. K. O. B. T. New Jersey, Volume XIV. p. ir,i.]
To the King^s most Excellent Majesty
May it please your Majesty
There was An Act pass'd at New Jersey in March
1719 Entitnled An Act for running the Line of Parti-
tion between the Eastern and Western Divisions &
for preventing Disputes concerning the same & for
securing to the general Proprietors of the Soil of each
Division their Rights & just Claims.
Upon which We Consulted M' West One of his late
Majesty's Council learn'd in the Law.
This is an Act wherein private Property is concern'd
& therefore We thought it would be of Service to let
the same lye by for some time, that in Case any Per-
sons should be aggriev'd thereby they might have
sufficient Opportunity to lay their Objections before
Us: But as We have received none, And as this Act
will be of Advantage to the Inhabitants of New Jersey
in general by settling their respective Titles, We hum-
bly lay the same before your Majesty for your Royal
Confirmation'
Which is most humbly Submitted
P. DOEMIXIQUE
M. Bladex
Whitehall Dec'; 5^1' 1 72s Orl? Bridgeman
W. Cary
Tho: Frankland.
' Approved by the Council under date of 32d of May, 1729. — Ed.
214 ADMINISTRATIOK OF GOVERNOR MONTGOMERIE. [1728
Lord Viscount Toivnsherid to the Lords of Trade —
with a discourse by Sir William Keith on the
State of the Plantations.
rFrom P. R. O. B. T., Plantations General No. 8. L. 105.]
L'' from the Lord ViscO: Townshend, referring
to the Board a Eep° from Sf W™ Keith late
Deputy Governor of Pennsylvania, with
Observations of the State of the Planta-
tions, and Proposals for remedying some
Defects in the Government thereof, and a
Revenue to be raised there. Reced 3 If De-
ceml"
Whitehall 12*^ Dec'' 1728.
My Lords
Having laid before the King the Observations on the
Colonys in America made by S'' William Keith, and
put into my hands by him I herewith Send them to
your Lo?^ by his Maty's Command, that you may take
the Same into consideration, and report to his Ma'-'
what use may be made of these Observations for the
benefit of his Ma*P Colonys in America
I am My Lords Y' Ld'" most humble Servant
Townshend.
R. H. L'^ Com" of Trade.
To the King's most Excell- Majesty.
May it please Your Majesty.
Since the Observations contain'd in the following
Discourse were occasionally made in Your Majesty's
and Your Royal Father's Service abroad, during the
Space of Twelve Years: I most humbly beg Leave to
1728] ADMIISriSTRATION OF GOVEENOK MONTGOMERIE. 215
lay them at Your Royal Feet, as a natural Effect of
the purest Loyalty to Your Sacred Person, & the only
m^ns which is left in my Power to serve the Publick
and to demonstrate that I am
May it please Your Majesty
Your Majesty's Most Humble most Faithful
and most Obedient Subject
William Keith.
A Shoet Discourse on the Present State of the
Colonies in America with respect to the
Interest of Great Britain.
Contents.
[I] Introduction,
[2] On a provincial dependent Government.
[3] On a British Colony in America
[4] On the Advantages arising to Britain from the
Trade of the Colonies
[5] On Some Regulations on the Plantation Trade
[6] On the Legislative Power.
[7] On the Civil Jurisdiction
[8] On the Military Strength
[9] On Taxes
[10] On the Independency of the Colonies upon each
other.
[II] On the Managem^ of the Plantation Affairs in
Engr!
[12] On a Revenue in America
[13] Conclusion.
[1] Introckiction.
Happy are the People whose Lot h is to be governed
by a Prince, who does not wholly depend upon the
Representations of others, but makes it a chief part of
216 ADMINISTKATION OF GOVERKOR MONTGOMERIE. [1728
his Delight to inspect into the Condition of his Sub-
jects according to their several Ranks & Degrees, who
from the Rectitude of his own mind distinguishes^he
true Merit of his Servants, leaving the Liberties &
Properties of his People to be equally guarded and
justly defended by a Punctual Execution of the Laws.
The unbounded Extent of Knowledge to be daily
acquired by the Judicious Enquiries & Application of
such a Prince, will soon abolish the use of Flatteiy and
pernicious Effects of all designed misrepresentations,
The Paths of Virtue and Honour with a Strict Ad-
herence to Truth, will be the only Avenues of Access
to the Sovereign's Esteem, and the Royal favors in
such a Reign, will be agreeably dispensed in Propor-
tion to the useful Conduct and true Merit of the Party.
So great an Example from the Throne will doubtless
inspire every honest Breast with a better Share of Pub-
lick Spirit, Men's thoughts will not then be so intent
on what they can get for themselves, as on what they
can do for their Country; And for Such parts of the
Prince's Prerogative and Executive Power as neces-
sarily must be intrusted with Ministers, They will ever
be thought an Advantage and Security to a Nation,
while the Conduct of the Ministry principally Shines
in the Support of Liberty, which cannot fail to gain
the Hearts & Affections of a Free people.
2 1 On a provincial dependent Governni:
When either by Conquest or Increase of People,
forreign Provinces are possessd, and Colonies planted
abroad, it is convenient and often Necessary to substi-
tute Little Provincial dependent Governments, whose
people by being infranchized &c. made Partakers of
the Liberties and Priviledges belonging to the Original
Mother State, are justly bound by its Laws, and be-
come Subservient to it's Interests as the true end of
their Incorporation.
1728] ADMIKTSTRATION OP GOVERNOR MOXTGOMERIE, 21'}'
Every Act of a dependent Provincial Government
therefore ought to terminate in the Advantage of the
Mother State, unto whom it ows it's Being, and by
whom it is protected in all its valuable Priviledges.
Hence it follows that all advantageous Pi'ojects or
Commercial Gains in any Colony, which are truly
prejudicial to & inconsistent with the Interest of the
Mother State, must be understood to be illegal, and
the Practice of them unwarrantable, because they
contradict the end for which the C^olony had a Being
and are incompatible with the Terms on w^hich the
People claim both Priviledge & Protection.
[3] On a British Colony in America.
Were these things rightly understood amongst the
Inhabitants of the British Colonies m America, there
would be less occasion for such instructions and Strict
Prohibitions as are daily sent from England to regu-
late their Conduct in many points. The very nature of
the thing would be sufficient to direct their Choice in
cultivating such parts of Industry and Commerce only
as would bring some advantage to the Interest and
Trade of Great Britain. They would soon find by
experience that this was the Solid and true Founda-
tion, whereon to Iniild a real Interest in their Mother
Country and the certain means to acquire Riches with-
out Envy.
On the other hand where the Government of a Pro-
vincial Colony is well regulated and all its business
and Commerce truly adapted to the proper End and
Design of the first Settlement. Such a Province, like a
choice branch Springing from the main root, ought to
be carefuUy nourished and it's just Interests well
guarded. No little partial Project or party Gain should
be suffered to affect it, but rather it ought to be con-
sidered and weighd in the General Ballance of the
318 ADMINISTRATION OF GOVEENOR MONTGOMERIE. [1728
whole state as an usefull and profitable Member; for
such is the end of all Colonies, and if this use cannot
be made of them it would be much better for the State
to be without them.
[4 1 On the Advantages Arising to Great Britain
from the Trade of the Colonies.
It has ever been the Maxim of all polite Nations,
to regulate their Government to the best Advantage of
their Trading Interest; wherefore it may be helpful
to take a Short view of the principal benefits arising
to Great Britain by the Trade of the Colonies.
1? The Colonies take off and consume above one
Sixth part of the Woolen Manufactures exported from
Great Britain, which is the chief Staple of England
and main Support of the Landed Interest.
2° They take off and consume more than double
that value in Linnen and Callicoes, which is either the
Product of Britain and Ireland, or partly the profit-
able Returns made by that Product carryd to f orreign
Countries.
3° The Luxury of the Colonies, which increases daily
consumes great quantities of English manufactured
Silks, Haberdashery, Household Furniture and Trink-
ets of aU Sorts, also a considerable Value in East India
Goods.
4° A Great Eevenue is raised to the Crown of Britain
by Returns made in the Produce of the Plantations,
especially Tobacco, which at the same time helps Eng-
land to bring nearer to a Ballance tlieir unprofitable
Trade with France.
5° These Colonies promote the Interest and Trade of
Britain by a vast Increase of Shipping and Seamen,
which enables them to carry great Quantities of Fish
to Spain, Leghorn Portugal, &,c't Furs, Logwood, Rice
to Holland, whei-eby they help Great Britain con-
] 728] ADMINISTRATION" OF GOVERNOR MONTGOMERTE. 219
siderably in the Ballance of Trade with those Coun-
tries.
(}°: If reasonably encouraged, the Colonies are now
in a Condition to furnish Britain with as much of the
following Commodities as it can demand, viz'
Masting for the Navy and all sorts of Timber,
Hemp, Pitch, Tar, Oyl, Rosin, Copper Ore, with Pig
& bar Iron, by means whereof the Ballance of Trade
to Russia and the Baltick may be very much reduced
in favour of Great Britain.
7° The profits arising to all these Colonies by Trade
is returnd in Bullion, or other useful Effects to G-
Britain, where the Superfluous Cash, and other Riches
acquired in America must center, which is not one of
the least Securities that Britain has to keep the Colo-
nies always in due Subjection.
8° The Colonies upon the Main are the Granary of
America, and a necessary Support to the Sugar Plan-
tations in the West Indies, which could not Subsist
without them.
By this short view of the Trade in General, we may
plainly understand, that these Colonies can be very
beneficially employed, both for Great Britain and them-
selves, without interfering with any of the Staple
Manufactures in England and considering the Bulk and
End of their whole Traffick, 'twere pity that any ma-
terial branch of it should be depressd on Account of
private and particular Interests, which in Comparison
with these cannot be justly esteemed a National Con-
cern; For if the Trade of the Colonies be regulated to
the Advantage of Britain, there is nothing more cer-
tain than that the Discouragement of any substantial
branch, for the Sake of any Company or Private In-
terest, would be a Loss to the Nation, but in order to
set this point yet in a clearer Light, we will proceed
to consider some of the most obvious Regulations on
the American Trade, for rend'ring the Colonies truly
serviceable to Great Britain.
S'^O ADMIKISTRATION OP GOVERKOR MOISTTGOMERIE. [1728
[5] Regulations in the Plantation Trade.
1? That all the Product in the Colonies for which
the Manufacture and Trade of Great Britain has a
constant deinand, be enumerated among the Goods,
which by Law must be first transported to Britain
before they can be carry'd to any market abroad.
2? That every valuable Merchandize to be found in
the English Colonies, and but rarely any where else,
and for which there is a constant Demand in Europe,
shall also be enumerated, in order to assist Great Brit-
tain in the Ballance of Trade with other Countries.
3? That all kinds of woolen Manufactures for which
the Colonies have a Demand, shall continue to be
brought, from Britain only, and Linnens from Great
Britain & Ireland.
•4? All other kinds of European Commodities to be
carryd to the Colonies (Salt excepted) Entry thereof
first to be made in Britain, before they can be trans-
ported to any of the English Colonies.
5? The Colonies to be absolutely restrain'd in their
Several Governments, from laying any manner of
Duties on Shipping or Trade from Europe or on Euro-
pean Goods transported from one Colony to another.
6? That the Acts of Parliament relating to the Trade
and Government of the Colonies, be revised and col-
lected into one distinct body of Laws, for the Use of
the Plantations and such as trade with them.
Supposing these things to be done, it will evidently
follow that the more extensive the Trade of the Colo-
nies is, the greater will be the Advantages accruing to
Great Brit" therefrom, and consequently the Enlarge-
ment of the Colonies and the Increase of their People
would still be an Addition to the National Strength,
All smaller Impi^ovements therefore pretended unto
and set up by lesser Societys for private Gain in Great
Britain or else where. Although they might have a
1?28] ADMINISTRATIOX OF (GOVERNOR MONTGOMERIE. 221
just pretence to bring some sort of publick Benefit
along witli them, yet if they shall appear to be hurtful
unto the much greater and more national Concern of
these useful and trading Colonies, tliey ought in Jus-
tice to the publick to be neglected in favour of them.
It being an unalterable Maxim that a Lesser Publick
Good must give place to a greater, and that it is of
more moment to maintain a greater than a Lesser
Number of Subjects well employed to the Advantage
of any State.
[6] On the Legislative Power.
From what has been said on the nature of Colonies
and the Restrictions that ought to be laid on their
Trade, It is plain that none of the English Plantations
in America can with any reason or good sense pretend
to claim an absolute Legislative Power within them-
selves, So that let their several Constitutions be
founded on Antient Charters, Royal Patents, Custom
by prescription oi- what other Legal Authority you
please, yet still they cannot be possessed of any right-
ful Capacity to contradict or evade the true Intent and
Force of any Act of Parliament, wherewith the Wis-
dom of (Ireat Britain may think fit to affect them
from time to time, And in discoursing on their Legis-
lative Powers (improperly so calld in a dei^endent
Government) we are to consider them only as so many
Corporations at a distance, invested with an ability to
make temporary By-Laws for themselves, agreeable to
their respective Situations and Climates, but no ways
interfering with the Legal Prerogative of the Crown
or the True Legislative Power of the mother State.
If the Governours and General Assemblies of the
several Colonies would be pleas'd to consider them-
selves in this Light, one would think it was impossi-
ble, they could be so weak to fancy, that they repre-
222 ADMINISTRATION OF GOVERNOR MONTGOMKRIE. [1728
sented the King, Lords & Commons of Great Britain,
within their httle Districts, and indeed the useless or
rather hurtful & inconsistent Constitution of a Nega-
tive Council in all the King's Provincial Governments,
has, it is believed, contributed to lead them into this
mistake; For so long as the King has reserv'd to him-
self in his Privy Council the Consideration of, and a
negative upon all their Laws, the Method of appoint-
ing a few of the Richest & proudest men in a Small
Colony, as an Upper House with a Negative on the
Proceedings of the King's Lieutenant Governor, and
the People's Representatives, seems not only to cramp
the natural Liberty of the Subject there, but also the
King's just Power and Prerogative. For it often
happens that very reasonable and good Bills some-
times proposed for the benefit of the Crown by the
wisdom of a good Governour, and at other times
offered by the People's Representatives in behalf of
their Constituents, have been lost, and the Enacting
of such made impracticable, by the obstinacy of a
Majority in the Council, only because such things did
not square with their private particular Interest and
Gain, or with the Views which they form to them-
selves, by assuming an imaginary Dignity and Rank
above all the Rest of the King's Subjects; and as to
the Security which it is pretended that either the
Crown or a Proprietary may have by Such a negative
Council, it is in fact quite other ways; for that Caution
would be much better secured if this Council was only
a Council of State, to advise with the Governour and
be Constant Witnesses of all publick Transactions, and
it cannot be thought that an Officer, who is not only
under Oaths and bonds, but answerable by Law for
his Misdeeds, & removeable at pleasure, would in the
face of Witnesses so appointed contradict a rational
advice, thereby subjecting himself to grievous penal-
ties and Losses; neither is it to be suppos'd that these
1728] ADMINISTltATION OF GOVERNOK M0NT«0M?:RIE. 223
men, if they had only the Priviledge of advising would
oppose such go(/d bills or other reasonable propositions
as they well knew they had no Legal Power to reject.
But while they find themselves possess'd of a Per-
emptory Negative, without being in any sort account-
able for their opinions, it is easy to imagine how such
a power may be us'd on many occasions to serve their
private Interest and views in Trade, as well as to
indulge the too natural propensity, which Mankind
have, especially abroad, to rule over and oppress their
poor Neighbours. Besides, an Artful corrupt Govern-
our will find Means by Preferm*^ &''■'' so to influence a
Negative Council, that knowing themselves to be
under no bonds or any other valuable Penalty to
answer the party^ aggriev'd by their opinions, they
may without risque proceed in such a manner as to
screen the Governour in many things which otherwise
he would be personally and singly bound to account
for in a legal and just way.
If then a Council of State, only to advise with the
Govern' shall ap])ear in all Emergencies and Cases that
can be proposed, to be equally useful, and not attended
vdth the Inconsistencies, Obstructions and Disadvan-
tages of a Negative Council, the one seems to be much
preferable to the other and more agreeable to that
Liberty and just Equality, which is established by
Common Law amongst English Men, and conse-
quently less productive of those Grievances and Com-
plaints, which have been so frequent hitherto from
the Plantations.
At first view it will appear natural enough for an
Englishman, who has tasted the Sweetness of that
Freedom which is enjoyd under the happy Constitu-
tion of King, Lords and Commons in Great Britain, to
imagine that a third Part should be form'd in the little
Governm'"' of the Plantations, in imitation of the
House of Lords. But if we rightly consider it, that
234 ADMINISTRATION^ OF GOVERNOR MONTGOMERIE. [1728
part of the Constitution is already most properly and
fully supplyd by the Lords of His Majesty's Privy
Council, besides let us suppose, that instead of a house
of Lords in Britain, the like number of Select Com-
moners were invested with a Power to sit apart and
to put a Negative on the Proceedings of the House of
Commons consisting of three times the number of
persons of equal Rank, and representing all the Com-
mons of Great Britain in Parliament, the Inconsist-
ency and Unreasonableness of the thing does presently
obtrude itself upon our minds; And yet such is the
very Case of that Negative, which is now practiced by
the Councils in America.
[7] On the Civil Jurisdiction.
Next to the Legislative Power, we shall proceed to
consider the Civil Jurisdiction in the Plantations,
which by their own Acts is branched out into so many
different Forms, almost in each Colony, that its'
scarce practicable to reduce them under such heads in
any one Discourse, as to make it intelligible to those,
who are altogether unacquainted with American
Affairs.
It is generally acknowledged in the Plantations,
that the Subject is entitled by birth unto the Benefit
of the Common Law of England; but then as the
Common Law has been altered from time to time, &,
restricted by Statutes, it is still a question in many of
the Amei'ican Courts of Judicature, whether any of
the English Statutes, which do not particularly men-
tion the Plantations, can be of Force there, untill they
be brought over by some Act of Assembly in that
Colony, where they are pleaded; and this creates such
Confusion that according to the Art or influence of
the Lawyers &c. Attorneys before Judges, who by
their Education are but indiffei'ently qualified for that
1728] ADMIKISTRATION OF GOVERNOR MOXTGOMERIE. 225
Service, They sometimes allows the Force of Particular
Statutes, and at other times reject the whole, especially
if the Bench is inclinable to be partial, which too fre-
quently happens in those new and unsettled Countries;
And as Mens Liberties and Properties in any Country
Chiefly depend on an impartial & equal Administra-
tion of Justice; This is one of the most material
Grievances, which the Subjects in America have just
Cause to complain of; But while for the Want of
Schools and other proper instniction in the Principles
of Moral Virtue, their people are not so well qualified,
even to serve upon Juries, and much less to act upon
a Bench of Judicature, It seems impracticable to pro-
vide a Remedy, untill a Sufficient Revenue be found
out amongst them to support the Charges of Sending
Judges from England, to take their Circuits by Turns
in the Several Colonies on the Main which if it be
thought worthy of Consideration, will appear neither
to be improper nor impracticable, and untill that can
be done, all other Attempts to rectify their Courts of
Law will be fruitless, and may be Suspended.
Courts of Chancery which are known to be neces-
sary in many Cases to correct the Severity of the
Common Law, seem to Subsist there on a most pre-
carious foot, for it does not appear that there is a
proper & Legal Authority to hold such a Court in any
of the Colonies.
Nevertheless by Custom every where some kind of
Chancery is to be found in one Form or other, so that
when a rich man designs to contest anything in dis-
pute with his poor Neighbour, if he can contrive to
bring him into Chancery, he is sure the matter will
rarely or never be brought to issue, which on many
occasions proves an intollei-able oppression, wherefore
it is hoped that so high a Jinisdiction issuing from the
Crown, will in due time be put on a more regular &
certain Estabhshment abroad.
16
226 ADMINISTRATION OF GOVERNOR MONTGOMERLE. [1728
[8] On the Military Strength.
A Militia in an Arbitrary and tyran'ical Government
may possibly be of Service to the governing Power,
but we learn from Experience that in a free Country
it is of little Use. The people of the Plantations are,
in proportion to the Lands they possess, so few, that
Servants being Scarce and Slaves so excessively dear,
the Men are generally under a necessity there to work
hard themselves, in order to provide the Common
Necessaries of Life for their families, so that they can-
not Spare a day's time without great Loss to their In-
terest, wherefore a Mihtia there would become more bur-
thensome to the poor people than it can be in any part
of Europe. But besides it may be questioned how far it
would consist with good policy to accustom all the able
Men in the Colonies to be well exercised in Arms: It
seems at present to be more adviseable to Keep up a
small Regular Standing Force in each Province, which
might be readily augmented for a time, if Occasion
did require, and this in Case of War or Rebellion the
whole of the regular Troops upon the Continent might
without Loss of time be united or distributed at pleas-
ure, and if, as has been said before, a Suitable Revenue
abroad can be raised for the defence and Support of
Plantations, it would be no difficult matter both to
form and execute a proper Scheme of this nature.
[9] On Taxes.
Land is so plenty and to be had so very cheap in
Ameiica, that theie is no such thing as Tenants to be
found in that Country, for every man is a Landlord in
fee of what he possesses, and only pays a small Quit
or Ground Rent to the Lord of the Soil, and this makes
it impracticable to find an Assembly of such Fi-ee-
holders in any of the Colonies, who will consent to lay
any Tax upon Lands. Nor indeed is it to be expected
1728] ADMIXiSTRATlON OF GOVERNOU MONTGOMKKIE. 227
they should vohintarily agree to raise any Revenue
amongst themselves, except, what is absolutely neces-
sary for the erecting and supporting Court Houses,
Bridges, Highways and other needfull expences of
their civil Government, which is commonly levyed
upon Stock, an Excise on Forreign Liquors retaild, or
a Small Poll Tax, and the publick there is generally in
Debt, because they are extremely Jealous of Attempts
upon their Liberties, and apprehensive that if at any
time their Publick Treasury was rich, it might prove
too great a Temptation for an Artful Governor in Con-
junction with their own Representatives, to divide the
Spoil and betray them.
[10 1 On their Independency.
It must be allowd that a Share of personal Interest
or Self Love influences in some degree every man's
affections, and gives a natural impulse to all our Ac-
tions, and tho' this is most perceptible in Trade or
Commercial Affairs; yet there is not any other Trans-
action in Life that passes without it. And as it is
with men in this Case, so we find it has ever been with
all States or Bodies Politick, so long as they are inde-
pendent one upon another. The Wisdom of the Crown
of Britain therefore, by keeping the Colonies in that
Situation, is very much to be applauded, for while they
continue so, it is morally impossible that any danger-
ous Union can be formed amongst them, because their
Interests in Trade and all manner of Business being
entirely separated by their Independency, every ad-
vantage that is lost or neglected by one Colony is im-
mediatly pick'd up by another, and the Emulation that
continually subsists between them in all manner of
Intercom-se & Traffick, is ever productive of Envies,
Jealousies and Cares, how to gain upon each othei-'s
Conduct in Government or Trade; every one thereby
OOQ
28 ADMINISTRATIOX OF GOVEEKOR MOXTGOMERIE. [1728
endeavouring to magnify their Pretensions to the favor
of the Crown, by becoming more useful than their
Neighbours to the Interest of Great Britain.
[11] On the Management of Plantation Affairs
in England.
But to render the Colonies still more considerable
to Britain, and the Managem* of their Affairs much
more easy to the King and his Ministers at home, it
v^ould be convenient to appoint particular Officers in
England, only for the Dispatch of business belonging
to the plantations. For often Persons that come from
America on purpose either to complain or to support
their own just rights, are at a Loss how or where to
apply; This uncertainty does not only fatigue the
Ministers, but frequently terminates in the destruction
of the party, by his being referr'd from Office to
Office, untill both his mony and patience be quite worn
out. Such things in time may cool people's Affections,
and give them too mean an opinion of the Justice of
their Mother Country, which ought carefully to be pre-
vented; for where there is liberty the Inhabitants will
certainly expect Eight, and still have an Eye towards
obtaining it one way or other.
It may be considered therefore how far it would be
Serviceable to put all the Crown's Civil Officers in the
Plantations, of what kind soever, under the Direction
of the Board of Trade, f ]-om whom they might receive
their several Deputations or Appointments, and unto
whom they ought to be accountable both for their re-
ceipts and Management: and if a particular Secretary
was appointed for the Plantation Affairs only, or if
the First Lord Commissioner of that Board, was j)er-
mitted to have daily Access to the King, in order to
receive His Majesty's Commands in all Business rela-
ting to the plantations, the Subject applications would
1728] .VDMINISTRATION OF (iOVIiRXOR MOXTUOMEIUE. 330
be reduced into so narrow a Compass, and the Board
of Trade would also be so perfectly acquainted with
the King's pleasure, that great Dispatch might be given
even to those distant matters, without taking up too
much of the Ministry's time, and interfereing perhaps
with other more important Business; The People of
the Colonies would be pleas'd to find themselves thus
equally regarded, without giving one any undue
preference to another, and all the Rents, Customs and
Revenues and other profits in any manner arising from
the plantations, would then center in one place, where
another proper Member of the same Board might be
appointed Treasurer of that Particular Revenue, to
answer all such orders as should be issued from time
time for the Plantation Service. And as the Revenues
from America would in all probabiHty be encreasing
daily, it may reasonably be expected that the Expence
of paying the Board of Trade and other Officers
wholly employ'd in Plantation Affairs, which is now
born by the Civil List, would then more properly arise
and be discharged out of the American Fund, and the
Overplus remaining wou'd in time become a most use-
ful Stock for purchasing of Proprietary Lands, erect-
ing Forts, and extending the present Settlements as
far as the Great Lakes, or might be apply 'd to such
other Uses as his Majesty should think proper for that
Service,
[12] Of a Revenue in America.
All that has been said with respect to the Improve-
ment of the Plantations, will, it is Supposed, signify
very little, unless a sufficient Revenue can be rais'd to
Support the Needful! Expence. In order to which, it
is humbly submitted whether the Duties of Stamps
upon Parchments & paper in England, may not with
good reason be extended by Act of Parliament to all
the American Plantations,
•i30 ADMIMISTRATIOX OF OOVERXOR MOKTGOMERIE. [1728
1 1 8 I Conclusion.
When we do but cast an Eye upon the vast Tracts
of Land and immense riches, which the Spanish Na-
tion have in httle more than one Century very oddl'y
acquired in America, in so much that the Simple Priv-
iledge of tradinio- with them, on very high terms too,
is become a Prize worth contending for, amongst the
greatest Powers in Europe, we must on due reflection
acknowledge that the Preservation and Enlargement
of the English Settlements in those parts, is of the
last Consequence to the Trade, Interest and Strength
of Grreat Britain. And moreover considering how that
the Last Resort of Justice in the plantations, is solely
lodged in the King's Sacred Person, with the Advise-
m' of his Majesty's Privy Council, exclusive of West-
minster Hall or any other Judicature, The Bright'ning
of that Jewel in the Crown, may not perhaps be
thought unworthy of the present happy Reign, to
which the Improvement and future Security of so large
a part of the British Dominions, the Advancement of
Trade and universally supporting the Glorious Cause
of Liberty, seems to be reserved by the peculiar hand
of Providence.
Finis.
Letiei- from. James Alexander to Governor William
Burnet — about the relative authority of the Plan-
tation Assent hlys.
iFrom Original Draft in Rutlierfurd Collection. Vol. I. p. 158.]
May it please Your Excellency.
I had the favour of yours of Decem' W' which I
Delayed answering till now in hopes with my Answer
to have Sent you Something that at Leisure liours for
172!»J ADMiNTisTRATtox OF Governor moxTcioMkrIk. 2^1
a while past I have been doing viz a Summaiy &
reference to all that has been printed on the Late
clamours here, Also a Summary of private transac-
tions & papers concerning them Since you went from
hence with Coppies of the papers all which I Doubted
not to have had ready to Send you by this time but
one thing or other has impeded me that T have not all
ready as yet But , I could no Longer delay acknowl-
edgeing the favour of yours
I agree with your Excellency that where the reason
is the Same the Law is or ought to be the Same, but
dont think that there is the Same reason for freedom
of debateing & acting in the plantation assemblys as
in the parliament at home because in the whole par-
liament at home the Supreme power is vested, & the
Supreme power Let it be where it will cannot be
accountable to any one, neither can any of the parts
whilst Exercising that part of the pciwer properly
belonging to them, but Even there if any one part of
it Should take upon it the whole Supreme power by
any act or more of it than belongs to it I take it that
that part is accountable & answerable for it to the
other parts & the other parts have the power of right-
ing themselves Even by force, if reason can't prevail
But our plantation Legislatures are entirely Depend-
ent powers & as all Dependent powers are capable of
Committing actions criminal towards their Superiors
So for Such actions they must naturally be answerable
to, & punishable for by, their Supreriors, for Example
if a Dependent power ^vithdraws or Does acts tending
to withdraw its Dependence upon its Superior for that
act certainly must be accountable & answerable to &
punishable for by its Superior And if a whole planta-
tion assembly consisting of Governour Council &
representatives of the people be So accountable of
Consequence Every of the parts must be so >k there-
fore neither of the parts have a right to debate or act
232 ADMi]SriSTEATIOX OF GOVERXOK MOXtGOMERIE. [1729
any thing leading to withdraw their Dependence but
if they do they are answerable & punishable for it,
But I think the Resolves of the assembly here on the
25^'' of November 1727' & 30^" of July Last are of that
nature EsjDecially the Last & therefore they are
accountable for them.
But it may be Said that granting they are for these
accountable to the King yet not to the Governonrs
Council who are only their Equals in the Legislature.
I answer first Supposing they were only their Equals
yet I think its highly their Duty to DisCountenance &
Disapprove as much as is in their power of any thing
Criminal to our Superiors Least by their Silence they
might Seem to assent.
But 2''!^' I conceive the Governour by his Commission
with the advice of the Council is vested with a Differ-
ent power from that of Law makeing viz : of a Council
of State as is adjudged in the Case of Dutton in
Thomers [?] pari Cases 24 & their Duty it must be
chiefly to Examine into & remedy any thing that tends
to the alteration & Subversion of the State & I take it
1" The Assembly met in September, lT:i7. and consisted of members all ill-
affected to the Governour. The long continuance of the last Assembly, the
clamours excited by several late decrees in chancei'y, the affair of the French
church, and especially the prohibiting the Canada trade, were the causes to which
the loss of his interest is to be ascribed. Mr. Philipse, the Speaker, was piqued at a
decree in chancery against himself, wliich very much affected his estate ; no won-
der, then, that the members, who were very much influenced by him, came, on the
35th of November, into the following resolutions * * Resolved, That the creating
or exercising, in this colony, a court of equity or chancery (however it may be
termed) without consent in general assembly, is unwari'antable, and contrary to
the laws of England and a manifest oppression and grievance to the subjects, and
of pernicious consequence to their liberties and properties. Resolved, That this
house will at their next meeting prepare and pass an act to declare aud adjudge
all orders, ordinances, decrees and proceedings of the court, so assumed to be
created and exercised as above mentioned, to Ixe illegal, null and void, as by law
and right they ought to be. Resolved, That this house, at the same time, will take
into consideration whether it be necessary to establish a court of equity or chan-
cery in this colony, in whom the jurisdiction thereof ought to be vested, and how
far the powers of it shall be prescribed and limited." — Smith's History of New
York, Vol. I, pp. 268, 269. So soon as these resolutions were brought to the notice
of Governor Burnet he dissolved the Assembly. The following Spring an ordinance
was enacted which had for its object to remedy the abuses of the Court of Chan
cer>' and ^^ hich materially interfered with its usefulness. — Ed.
1739] ADMINISTRATION OF GOVERNOR MONTGOMERIE. 233
the power of our Superiors in that case is delegated to
the Governour, with the advice of the Council & that
the Governour c't C*ouncil are auswerahle to our Supe-
riors both for the not Executeing or mis Executeing of
that power, & what calling to an account can be pre-
tended here was by the Council as a Council of State
not as a part of the Legislature for assembly being
Dissolved there was no powder of Legislature at that
time in being
ffrom this reasoning I think it is or may with a litle
pains be made evident that in that particular of doing
any thing tending to withdraw a Dependence on our
Superiors our assembly here have not the right to a
freedom of Debate as for other particulars I think
theres no need to Consider them for if in that its Suffi-
cient in this Case.
I am obhdged to your Ex^ for your good opinion of
me that I could have been of Service to M"" Mont-
gomerie in Jersey but I really thought I could be of
none & therefore begged & obtained his Leave to be
Absent which I am very glad I Did because that
assembly is Dissolved without doing any thing for
their running headlong upon the matter of a Gover-
nour distinct from New York the proclamation for
dissolution is printed in our newspaper of yesterday
which I suppose you have duely.
The first Effects of malice are generally the Strong-
est & who Stands them can probably better Stand the
rest I believe M' Montgomerie is pretty well Satisfied
that the Late Efforts were only malice & that we have
resolution & innocence Enough to withstand it & not-
withstanding all their Efforts he thought proper before
he went to Jersey to renew Coldens Commission &
mine which to me Seems a pretty bold Step in him
considering who have been chiefly About him. " * *
with the utmost gratitude & regard I remain —
N York Jan'J' 27*^ 1728-9
334 AnMINISTEATION' OF GOVERNOR MONTGOMERIE. [1729
Letter from Governor Montgomerie to the Lords of
Trade— about New Jersey Affairs.
[From P. R. O. B. T. New Jersey, Vol. III. E .V^.]
Letter from Col: Montgomery Rec"^ 16*^ June
1729.
New York April 20, 1729
My Lords,
My last letter to your Lordships was of Nov'er 30*?^
sent by Captain Downing in the Alexander, of which
I enclose a duplicate your Lordships will find in it, as
exact an account as I can at present give, of the cir-
cumstances of the province of New York; and I beg
your Lordships will as soon as possible, honour me
with your commands and instructions about the par-
ticulars I have mentioned in it.
I beg leave now to inform your Lordships of the
affairs of New Jersey. When I arrived there, I found
an Assembly in being which had been called by Gov-
ernour Burnet in Nov'er 1727, and had sat one Session
at Perth Amboy, whose Acts and Minutes I transmit-
ted to your Lordships in August last. By the advice
of the Council, and to ease the province of the expense
of a New Election, I did not dissolve that Assembly,
but met them at Burlington on the 12"' of December
last. They had not been together many days, when I
heartily repented my not having called a new one, for
I found the Quakers who were more than half of the
House, so elated with the Act past in their favours the
former Session, that they were quite unadvisable and
ungovernable, having their heads full with impracti-
cable Schemes, calculated to weaken if not quite set
IT'-iO] ADMIXISTKATfOV OF (40VI;KN'()K MoXTGOMERIE. 235
aside His Majesties prerogative, and. to bring the gov-
ernment to be entirely depending upon themselves.
As a Bait to me, they consented to settle the revenue
for five years; but in a few days thereafter, without
communicating to me what they were going about,
made the Eesolves which your Lordships will find in
the minutes. When I found no application, nor ad-
di'ess to His Majesty' mentioned in them, I thought the
best method I could take, was to advise with the Coun-
cil what to do upon this occasion, and your Lordships
will find by their minutes, that they were unanimous-
ly of opinion that the Assembly's way of proceeding
was disrespectful to His Majesty and therefore advised
me to dissolve them.
In my letter of iVov'er 8o"' I presumed to advise your
Lordships, to delay obtaining His Majesties Assent to
the Quakers and Triennial Acts, till you knew how the
Assembly behaved. I hope I have convinced your
Lordships, that the Quakers do not deserve His Majes-
ties assent to the Act past in their favours. And I
beg leave here to assure your Lordsliips. that I shall
always be very far from designing to oppress that set
of people, but I refer to all the accounts from New
Jersey, ever since the government was surrendered to
the C-rown; if the Quakers there, have not been very
insolent and troublesom when they had no favour to
ask, but quiet and useful to the government, when
they had anything depending. The Acts allowing their
affirmation and declaration, were always formerly
Hmited to five years, but that in 1 725 was extended to
nine, whereof there are yet five to run, in case the Act
past in 1727 be disallowed of, in which the form of
their affirmation and declaration, is quite different
from that in England, or any other of His Majesties
Dominions except pensylvania.
As to the Triennial Act, Elections are a great ex-
pense to the province, and formei- governours have
236 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1 739
found it the work of several years, to get an Assem-
bly that had no other views, but carrying on the Sov-
eraigns service, and advancing the real interest of the
province. I believe some who preceded me, could not
have carried on the publick business so quietly and
Successfully as they did, if they had been obliged to
call a new Assembly every three years. I beg leave to
suggest one thing more to your Lordships, If His Maj-
esty gives his allowance to this Act, The Assembly of
New York will certainly expect the same favour, but
if it is rejected in New Jersey, I hope it will prevent
their insisting upon it here.
While I was writing what is above, I received your
Lordship's letter of last Nov'ei' the 20'!' the ship that
carries this being ready to sail, I shall only now assure
your Lordships, that I shall obey your commands, by
moving to the next Assembly that meets in New Jer-
sey, to repeal the last clause of the Act far appropri-
ating a part of the interest money paid &c: And by
the next occasion that goes from this, I shall endeav-
our to give your Lordships a particular account, of the
State and circumstances of that province relating to
paper Money. With great submission I leave to your
Lordships consideration, what I have proposed as to
disallowing the two Acts, and I am with the greatest
respect
Your Lordships most humble
and most obedient Servant
J. MONTGOMERIE.
1729] ADMINISTRATION" OF (iOVERNOR MONTGOMERIE. 237
Letter from Cadwallader Colden to James Alexander'
— relatimj to a proposition from the " Society for
the Propagation of the Gospel in Foreign Parts,"
to establish a library for the use of Neiv York and
the neighboring colonies.
[From Rutherfunl Collection, Vol. I, p. 119.J
Coldenham May 20'^ 1729.
Dear Sir
Since my return I have been able to turn my
thoughts but htle to what we talkt of after the
Govern' show-d us the letter he has from the Society
with an offer of a Library for the use of this & the
Neighbouring Colonies' but that I may in some Measure
free myself from the blame which I am affray'd too
many of us may deserve of thinking more of our own
litle private affairs than of those of any publick con-
cern I shall freely impart what has occurr'd to my
thoughts on this subject in hopes that some of them
may be of use in forming a good plan.
I cannot suppose that the Assembly can entirely
neglect this kind offer whereby the Society has so
much distinguished this Colony from others & there-
fore I hope the Opportunity will be taken to put them
in a humour to do something for the advancing of
Learning which has been hitherto more neglected in
1 A peculiarity of this, and other letters of Mr. Colden, is the entire absence of
punctuation of any kind, aad the utter neglect, except in vei-y few instances, of the
useful rule to " cross t's and dot i's." Putting it in type may therefore have led to
some errors iu orthography. — Ed.
- The Society adverted to was the •■ Society for the Propagation of the Gospel in
Foreign Parts." It had received as a legacy from the Rev. Dr. Millington. of Ken-
sington, England, two hundred pounds, and what was said to be a valuable library.
Having requested that the books might be sent to America, the Society forwarded
them to New York, and they became the nucleus of what was subsequently known
as the Corporation Library, traces of which are seldom met with and its history is
very obscure.— George H. Moore, Esq.— Ed.
338 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1729
this Province than any where else in the Kings
Dominions. The Arguments which seem to me most
hkely to prevail may be from the following Topics.
That by Learning Arts & Sciences are invented &
improved whereby the Manufactures & consequently
the Trade & Riches of the Country will be increased
That Religion Liberty & Learning go hand in hand so
that Slavery & Superstition could never be introduced
absolutely where Learning flourished That as great
things often proceed from a very small engine, This
may be the Beginning of a great & famous University
which will in time draw many foreigners to it for their
Education who must bring Money with them into the
Country That not only the Spirits of our own People
will thereby be Sharpened & improved but the best
Genius's among our Neighbours may be induced to
settle among us whereby we shall reap the fruits of
those that are most able to serve their Country among
them as well as of those among us That we shall
retain a considerable Influence over the most Valuable
men among our Neighbours by the Friends^'' they will
contract here during their Education & the Corre-
spondence that will be kept up afterwards with them
If we examine the late French Kings conduct in his
care of Learning we shall find that he had these things
in his view That if we neglect this offer at this time
our Neighbours will in all probability lay hold of the
Opportunity & gain all those advantages over us
which are now offered to us over them if we will but
accept of them And that the rest of the World must
think us strange Shaped Animals that take no more
care of our Children than of our Cattle that is to pro-
vide necessaries for their life only in which the brute
Beasts at least equal us if not excell us but neglect
cultivating the minds of our Children in which chiefly
we differ from the Beasts on our Plantations That we
ought to be no less concerned to secure Knowledge to
1729] ADMINISTRATIOX OF GOVKHNOR MOXTfiOMEIUE. 239
our latest Posterity than we are to secure fine Cloaths
to their Backs & Dainties to their Bellies by the Estates
we leave them & indeed if we consider rightly no Con-
trivance can secui^e our Estates to our Children with-
out establishing good Morals which is the Principal
subject of Sound Learning These & many other
Arguments no doubt will Occur to you & the means
of applying them according to the different humours
of the people that are to be dealt with Perhaps pub-
Ushing something to this purpose may be useful & tho
all our Indeavours should fail there is a pleasure in
our having done our parts so far as can be expected
from us for the good of our Country.
No Scheme can be proposed without a fund of
Money on which the assistance of the Assembly may
very reasonably be expected & some Voluntary Con-
tributions likewise The Gov* may also grant some
Lands & Ferries which in time may bring in consid-
erable rents & at i:>resent give some Reputation &
Credit to the Foundation I have something particu-
lar in my view that cannot well be applied to any pri-
vate use of w''' we shall talk at meeting if any thing-
be like to be done Something may likewise be lais'd
from the Library it self in That no books shall be lent
out but to such as shall advance yeaiiy 10s to the use
of the Library All books to be valued at 125 p'C on
their first Cost the Value to 1 )e marked upon the book
itself as well as in a Register to be kept in the Library
The person borrowing a book shall give his Note to re-
turn the book at or before such a day ( not exceeding 0
Months) in good order or to i^ay the Value of the Book
Some summary way to recover on these Notes befoi'e
a Justice of Peace or Trustee afterwards mentioned
It will be necessary to erect a Corporation or Society
for these Purposes of w''' some must be Trustees for
receiving Donations & Managem" of the Funds to con-
sist of Gent" of the Best Estates & such as are Dis-
240 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1729
tinguished by their Publick Spirit These two Qualifi-
cations I am affray 'd will not admit of a great number
nor can there be any advantage in their number unless
we suppose that a greater part of Mankind are wise &
honest than otherwise And as some of the Neighbour-
ing Colonies are to partake of the Benefit of the Li-
brary it may be useful to take some one or more of
each Colony into the number of Trustees This may in-
duce them to encourage our Undertaking by an assist-
ance of Money
It would advance the Progress of Learning if a num-
ber of Gent" were added likewise who shall Voluntaiiy
enter into the Society upon our Invitation made them
for that purpose who may be as a Council to the Trus-
tees without who's consent they may be restrain'd
from acting in matters of Moment & if these Gent" be
obliged each to furnish a paper yearly at least on some
part of the Liberal Sciences it may create in them &
others likewise a Vertuous Emulation to excell in
Knowledge & may preserve some usefull Discoveries
which otherwise may be lost for w'^.'' reason all these
papers ought to be carefully preserv'd in the Library
& such as shall be thought proper be published by or-
der of y"" Society The Society to have the sole Privi-
lege of printing & selling all papers & books belong-
ing to them by w''' the fund for promoting Learning
may be increased as y" desire of knowlege increases
It will be necessary to confine these last Members to
a certain Number who for Distinction may be call'd
Fellows for I believe the Chief reason of the London
Societie's sinking in its Reputation is their having in-
creased their number so far as to become too common
whereby no body esteems it an Honour to be of the
Society which in the french Institution is guarded
against Suppose the number of Fellows to be 12 of
w"'' number 5 to reside in y' Province 3 in Pennsylvania
2 in the Jerseys & 2 in Connecticut
l7'-i'j] ADMIMSTKATION 01- OOVEKKOK MONTCiOMEUl K. '^-il
The Trustees & fellows to continue during their good
Behaviour & residence in their respective Provinces
Good Order will require some Officers as a President
Vice President Treasurer Secretary & Library Keeper
The President Vice President & Treasurer to be annu-
ally chosen on a certain day of y*" year by the Trus-
tees & Fellows The President to be one of the Trus-
tees & the Vice President one of the Fellows The
Secretary & Library keeper to continue during their
good Behaviour & residence in y*" City of New York
which two last offices may be executed by one person
while the funds remain Low for they will require Sal-
laries
The General Meetings of the Trustees & Fellows to
be twice a j'^ear on certain times with power to adjourn
themselves from time to time as their affairs shall re-
quire The Fellows to meet once a Month in order to
read the papers communicated to them & to discourse
on Matters of Learning
The first Nomination of Trustees & Officers & Invi-
tation to the Fellows to be by y'' GoV The Trustees &
all officers to be chosen afterwards when any Vacancy
happens by the remaining Trustees & Fellows The
Invitation to fellows to be made by y*" Vice President
when a Vacancy happens among them
The Trustees & Treasurer to be accountable to y''
Gov"" & Council of y' Province I suppose the Treasurer
to be allways accountable to the Trustees
The Gov' & any of y' Council may be present at all
Meetings when they please
The Trustees to be enabled to give Sallaries to School
Masters & Teachers in the Several parts of Learning
when the funds shall become Sufficient for these pur-
poses & to erect buildings for such uses as shall be
thought necessary w'' y" consent of y" Fellows
There will be several Eules necessary to be made for
the good Gov' of y' Society w"' will require time & De-
17
242 ADMINISTRATION OF GOVEENOK MONTGOMERIE. [172'.l
liberation to frame more than the Legislature can well
take from other publick Business & therefore the trus-
tees & Fellows may be empowered to prepare such
Rules & Laws within 3 years after their first Institu-
tion as they shall think necessary w''' being approv'd
of by y" Gov'' & Council of this Province shall bind y"
Members of the Society & become fundamental so as
not to be alter'd but by y' Legislature of y" Province
I know the Intention of this will excuse a great many
faults A: therefore I shall make no Apology I am yours
V%/
[Under date of June is''^ 17:^9 Mr Alexander, in a
letter to M' Golden, thus referred to the subject. "I
believe at Least I am in hopes the Assembly will make
an act concerning the Library offered by the Society
agreeable to their Letter & they are upon terms for
purchasing what was called the ...?... Meeting
house for to keep the books in & upon Engageing John
Peter Zenger to take care of the books I find Delancy the
Philipses old & young are fond of it & So is Clarke, I
have talkt with Clarke of it & proposed the doing Some-
thing more than barely provideing for these books viz
makeing Something to the purpose of the Scheme but
he is of opinion that now the Societies Letter be only
ComjDlyed with & any thing further may be done an-
1 But few individuals in tlie Province of New York, occupied a more prominent
liosition througliout a long life than (;adwallader Colden. He was horn in IGf^S.
and was bred a physician. His first official position wai^ that of Survej'or General,
of the Province, to which he was appointed in 17311. The same year he was recom-
mended for the Council by Governor Hunter along with his friend Alexander, and
both were soon after admitted to seats therein. Other important offices were sub-
sequently filled l)y him among others that of Lieutenant Governor and Governor,and.
although meeting sometimes with opponents, accusations and abuse, yet his abil-
ities were of that order as generally to command the support of the people. The
Colonial Documents of New York furnish abundant evidence of his usefulness and
integrity. He continued to serve the Province efficiently long after he had passed
his three score years and ten. and died September 21st, 1776 in his eighty-ninth
year.— En.
17::^:)] AOMINI.STIIATIOJS' UF GOYERXOU MOATCiOMEKlJ:. 2-\')
other Session when tliere may be time to t hink & of
digest well what may be proper, Kennedy and I think
of getting Some ]iart of yonr Scheme printed in the
next weeks newspaper." — Ed.]
Order of Coiaicil, appruriiKj the Act of Nciv Jersey
Assembly for running the Division Line between
East and West Jersey.
[From P. R. O. B. T. New Jersey, Vol. Ill, E 51 ]
At the Court at Kensington
the 22*.^ day of May 172i)
Present
The Queens Most Excellent Majesty
Guardian of the Kingdom of Great Britain
and His Majestys Lieutenant within the same
His Roy all Higness )
the Prince of Wales S
Arch Bp of Canterbury
Lord Chancellor
Lord Privy Seal
Lord Steward
Lord Chamberlain
Duke of Somerset
Duke of Bolton
Duke of Rutland
Duke of Argull
Duke of Montrose
Duke of Kent
Duke of Ancastei-
Duke of Newcastle
Earl of Coventry
Earl of Grantham
Earl of Godolphin
Earl of Loudoun
Earlof Findlater
Earl of March mont
Earl of Hay
Earl of Uxbridge
Earl of Sussex
Vise' Lonsdale
Vise* Cobhani
VisC; Falmouth
Lord Wilmington
Mf Speaker
Mr Chanceir. of y' Excheq''
244 ADMINISTRATIOX OF GOVERNOR MONTGOMERIE. [1729
Earl of Westmoreland Master of the Rolls
Earl of Burlington S- Paul Methuen
Earl of Scarborough Henry Pelham Esq'-
Whereas by Commission under the Great Seal of
Great Britain, the Governor Councill and Assembly of
His Majestys Colony of New Jersey in America, are
authorized and Empowered to make Constitute and
ordain Laws Statutes and ordinances, for the Publick
Peace, Welfare, and good Government of the said
Colony, which Laws Statutes and ordinances, are to
be, as near as conveniently may be, agreeable to the
Laws and Statutes of this Kingdom, and are to be
transmitted to His Majesty for His Royall approbation
or Disallowance, And whereas in pursuance of the
said Powers, An Act hath been past in the said Colony
of New Jersey, in March 1718, which hath been
accordingly transmitted — Intituled.
" An Act for running and ascertaining the Line of
Partition or Division between the Eastern and Western
Divisions of the Province of New Jersey & for pre-
venting Disputes for the future concerning the same,
and for Securing to the Generall Proprietors of the
Soil of each of the Divisions and Persons claiming
under them their Severall and respective possessions,
Rights and Just Claims.
Which Act, together with a Representation from
the Lords Commissioners for Trade and Plantations,
have been referred to the Consideration of a Commit-
tee of His Majestys most Honourable Privy Councill:
The said Lords of the Committee this day presented
the said Act to Her Majesty at this Board with their
opinion, that the same is proper to be approved. Her
Majesty taking the samy into Consideration, was Gra-
ciously pleased, with the advice of His Majestys Privy
Councill, to Declare Her approbation of the said Act;
and pursuant to Her Majestys Royall Pleasure there-
It^O] ADMIIflSTRATlON OP fiOYERKOR MONT(iOMERIE. 245
upon Expressed, the said Act is hereby confirmed,
finally Enacted, and Ratifyed accordingly: where of
the Governor or Commander in Chief of His Majesty s
said Colony of New Jersey for the time being, and all
others whom it may Concern, are to take Notice, and
Govern themselves accordingly :
A true copy
Temple Stanyan
Letter from Mr. Lowndes to Sir William Keith — about
the Mayuifacture of Pot and Pearl Ashes in the
Plantations, and Sir W illiam's answer.
IFrom P. R. O. B T., Plantations General, No. 9, M. 5.]
L*- from M"- Tho: Lowndes to S"" W^ Keith
relating to the Prodncing of Pott Ashes &
Pearl Ashes in his Maty's Plantations, with
Sir ^Alliam's Answer Rece'd w*!" Mr Tho:
Lowndes's L:' of the 29'?^ of July 1729.
Sir
Tho' the Memorial to the Lords Comm';* for Trade
and Plantations, about Encouraging Pott Ashes from
America, is so well attested. As You see, by many of
the best Merchants upon the Exchange of London;
yet I should i-eckon my Proposal very deficient, if I
did not apply to you for Your Opinion of it
You'll please therefore to let me know, whether in
Our Parts of North America (where you have been
Governour or Travelled) there is plenty of such Wood,
as is mentioned in the Memorial.
And You'll please also to comnmnicate to Me,
whether upon any Observation of Your Own, or any
;i4:G ADMINISTRATiOK OF GOVERNOR MOKTGOMERIE. [1729
credible Experiment fi'oni others, You did ever find or
hear that there was any Defect in the Vegitable Salts
of Such American Wood, that a proper Lixivium,
from whence Pott Ash is immediately made, could not
be raised.
To prevent all Objection against the UnskillfuUness
of Our Planters, in this UsefuU Commodity, I shall
humbly propose to the Ministry, or the Lords of Trade,
that Encouragem' niay be given to a Number of Per-
secuted Protestant Familys of Poland, who are Pott
Ash Makers by Trade, and who are perfect Masters of
that Mistery, to settle in some proper Place of the
Continent of Our North America. I am Sir
Your most Obed* and most humble Servant
25*'' June 1729 [Thomas Lowndes]
[Answer from Sir William Keith. |
June 27'!' 1729
Sir
In answer to your Letter of the 25*'' Instant, I have
perused the Inclosed Memorial of the London Mer-
chants to the Lords of Trade, concerning Pott Ashes,
and I was glad to find the facts therein Represented,
so well certified.
There is I do assure you a very great plenty of that
Sort of Wood mention'd in the memorial, to be found
almost every where in the Colonies upon the Main of
America, and as to the Quality of the Wood, or the
Quantity of vegetable Salt wherewith it is Impreg-
nated, I have been told by Persons in America, who
have made some Experiments that way. That the
Wood there is much Richer in Salt than the European
Wood, so that it Requires some variation and a greater
nicety in the management of the Lixivium from
whence the Pott Ash is made.
172'.iJ ADMIXISTRATIOX OF GOVERXOR MONTGOMERIK. 'H7
I most heartily wish you Success in your Proposal,
which would be a Public Benefit every way, Because
it' the people of America, especially in the Farming
Colonies to the Northward, were Encouraged to go
upon so profitable a Manufacture, in the Winter season
when they have most Leisure, it would insensibly
draw them off from Emi)loying that part of their time
in Working up both Wooling and Linnen Cloth.
I am Sir
Your most obedient humble Serv'
W Keith
Mem!^ Lowndes had S' W Keitli's Leave to commu-
nicate this Letter
From the Lords of Trade to Governor Montgomerie —
about certain acts passed bi/ the New Jersey
Assembly.
I From P. R. O. C. T.. New Jersey. Vol. XIV. ]>. 259.1
Letter to Col: Montgomerie Governor of New
York & New. Jersey.
To Col° Montgomerie
Sir,
Since our Letter to you in relation to the Affairs of
jSIew Jersey dated the 20^1' of November last. We have
received yours of the 3()'l' of tlie same Month, and of
the 20'!' of April last, with the several Publick Papers
which you therein mention to be inclosed.
We have read the Minutes of Assembly of New
Jersey to which you refer wherein they desire a Con-
ference with the Council to consider of the most
effectual Methods for obtaining a distinct Governoi-
for that Province, And tho' Their manner of Proceed--
ing may have been sominvhat indiscret, We are of
Opinion that His Majestys Subjects especially when
348 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [ 1 729
they are Loyally Met in Assembly should not be dis-
couraged from Applying to the Crown by Address.
We have likewise Consider'd the two Acts mention'd
in your said Letter pass'd in February 1Y27-8 Enti-
tuled,
An Act prescribing the Forms of Declaration of
Fidelity the Effect of the Abjuration Oath & Affirma-
tion instead of the Forms theretofore required in such
Cases and for Repealing the former Acts in the like
Cases made & Provided.
An Act, for the frequent Meeting and Calling of the
General Assembly of this Province, And for the Alter-
nate Sitting thereof.
As to the 1-' of these We see no Reason for repealing
it either from the Impropriety of the Diction or from
the small variance between the Quakers Affirmation
prescrib'd by this Law And that prescrib'd by the Law
of England, and therefore purpose to let this Act lye
by Probational, & hope the Behaviour of the People,
will never induce the Crown to Repeal it.
But as to the other Act for Triennial Assemblies, It
is certainly a Restraint upon the Prerogative And We
therefore intend to Lay the same before His Majesty
for His disallowance.
We expect soon to hear from you that the Assembly
have Pass'd An Act for Repealing the last Clause of
the Act /or appro^wiating a Part of the Mterest Mony
paid into tJie Treasury by Virtue of a Law of this
Province to the lucideyital Charges of this Govern-
meid & for Subjecting the Resiclne to future Appro-
priations, Otherways We shall likewise Lay that Act
before His Majesty to be Repealed.
So Wo bid you heartily Farewell and are
Your very loving Friends and humble Servants
Tho: Pelham
Whitehall July 9'!' 1729 Martin Bladen
Walter Cary.
1720] AI)MI>TISTIlATION OF GOVERNOR MONTGOMERlK. 249
Governor Montfjomcrie to the Lords of Trade.
[From N. Y. Col. Docts., Vol. V, p. SSO.J
New York August 2 1729
My Lords
My last letter to your Lordships w^as of the ?>(>"' of
June, sent by Captain Tannalt in the Don Carlos
bound foi' Bristol, of which I now enclose a duplicate,
and Copies of the Papers referr'd to in it, I told your
Lordships then that the Assembly of New York was
sitting, they proceeded from the beginning of the
Session to the end of it, with great Calmness and
moderation, and were adjourned last month. As soon
as I can get the Acts transcribed, I shall send them to
your Lordships with the Votes of the Assembly, and
Minutes of Council.
What I am now to trouble your Lordships with is
in answer to your letter of November 20"' 172h.
Wherein your Lordships desire me to move the
Assembly of New Jersey, to pass an Act for repealing
the last (Jlause of the Act for appropriatin'j a part of
the Interest Money paid into the Treasury by virtue of
a Law of this Province, and for subjecting the residue
to future appropricdions. Assuring me at the same
time that if they do not think proper immediately to
comply therewith, your Lordships will lay the Act
before His Majesty for his disallowance.
I will obey your Lordships commands in aU cases,
whatever be the consequence; but by what I am going
to say, I flatter myself, that I shall set this Affair in a
clearer light, than it has hitherto appeared to Your
Lordships.
I am a stranger to the reasons vvhicli Governour
250 AnMINISTRATION OF OOVERNOR MONTGOMERIE. [1729
Burnet gave your Lordships for giving his Assent to
the Act now in question, but by your letter to me, I
find that he sent over certificates, to prove that the
Paper Bills have risen in value since the passing of
the Act appropriating &c notwithstanding this evidence
your Lordships say that you can by no means agree
with him, that the Interest arising from thence,
having been detained in order to answer any deficiency
which might have happened, has given no credit to
these Bills, with great submission to your Lordships,
I am of Governour Burnets opinion and shall as well
as I can give the reasons for my being so.
Without that further security of applying the Inter-
est to sinking of the Bills, there is good security of
their sinking in the time for which they are (by the
15''' page paragraph the :>' of the printed Act) enacted
to be current, and much better security, than any of
the Bills of Credit of the neighbouring Provinces; and
I think absolute security, if by any accident some
should remain unsunk at the end of the time, that
such deficiency will be immediately made good by
other means provided by the Act.
For when all the possible accidents by which
deficiencies can arise are considered, it will be found
that the Act has provided other sufficient means to
make them good, and that those other means must be
used to make them good, were even the interest
money cancelled as it came in. I beg leave here to
enumerate some accidents that may possibly happen.
1"' If by any accident of a bad Title, the principal
and interest cannot be raised by sale of the Estate, the
Act (in page 20) makes sufficient provision for it by
causing the deficiency to he levied forthwith yearly off
the County where the deficiency happens; so that there
can be no deficiency that way at the end of the Twelve
years.
I beg leave here to observe that this is a further
551
security than the Bills of any of the neighbouring
Colonies, or I believe any in America have: for incase
the fund for sinking their Bills don't answer, that
deficiency of their funds is left to be supplyed by
future provisions, and whether their Assemblies will
ever make such provisions, is what the receivers of
their Bills cannot be certain of.
2'"> If by another Accident any of the Commission-
sioners of the Loan Offices should break with any of
this money in their hands, not only (by the ""' page of
the Act) their securities are liable to make it (joocl,
but (by the 2(V'' page of the Act) the Count u must
immediateln lecif it. Or if any other accident can be
thought of, by which it appears to the Cancellors of
the Bills, that less Money is cancelled than ought to
be, at the time of the yearly cancelling of the Bills, the
abovementioned page 2o"' provides, that it be imme-
diately be levied of the County. So that this security
above leaves little room for any further provision by
bringing the Interest in aid or by any other way: for
that above, is in all proliability sufficient to answer
most accidents that can happen; And tho the one half
of the bills are near sunk already, yet hitherto (by the
best information I have had) there is no need of apply-
ing that provision, because the security of the borrow-
ers has alone fully answered; and as it has answered
so long, it is still growing better and better every year,
by paying off part of the principal Debt, and the same
thing standing security for the remainder, for which
it must necessarily be a better security than it was for
the sum borrowed. To be certain of the truth of this,
that the security of the Borrowers has hitherto alone
answered, I have ordered the Commissioners of the
Loan Offices to transmit to the Treasurers for me,
copies of the minutes of their proceedings, or certifi-
cates concerning that fact.
3" ^ There are no other accidents such as mistakes,
252 ADMINISTRATION OP GOVERNOR MONTGOMERIE. [1729
or frauds of the Cancellors, in counting the sums
yearly cancelled, and certifieing them to be greater
than they really were, and by cancelling counterfeits
in place of true Bills; by which accidents, some Bills
might at last remain without a fund for sinking them;
were there no provision in that case. But all the Bills
of the neighbouring Provinces, are liable to those acci-
dents, as much as New Jersey, and that without the
least provision or check against them, other than that
of an Oath; which check is not only here, but also
another which none of the other Provinces have, and
that is (in page 19"' paragraph 2') that the Tops and
bottoms of the Bills cancelled shall he hundled up,
sealed and delivered yearlij to the Treasurers to keep
&c. By which if any deficiency has happened by mis-
counting or counterfeits, it may easily be discovered;
which is not only a Spur to the Cancellors to be care-
ful of avoiding any accidents but will also make a
discovery of such accidents, and of consequence render
either the Commissioners or the Counties in which
they have happened, liable to make good the deficien-
cies.
I think it not improper to mention here, that when
some persons brought lately over from Ireland, counter-
feits of the Bills of several Colonies, New Jersey at the
first meeting of their Assembly thereafter, in the winter
before last, made an Act by which all their Bills were
new struck, in a different and more convenient form
than formerly, whereby the passing the Counterfeits
of their former Bills was effectually prevented. This
ready provision (by the best inforuiation I can have)
is more than any of their neighbouring Provinces have
hitherto made, tho their bills were counterfeited at
the same time, and plain discoveries made that they
were so. This with the great care of the Legislature
of New Jersey, in providing against frauds and Acci-
dents in making and exchangiug the Bills, as by the
1729J ADMIXISTKATION OF (iOVEUNOK MONTdO.MHKI K. "253
Act for that purpose is very evident. Togethei- with
their exceeding care (even to superogation) of the
frauds on which their Bills were first struck, as by the
Act itself plainly appears, and their going yet farther
(in page 23'' paragraph 2'') of not only prujing off their
former Bills, but also Interest at Eight p' cent p'' an-
num from the time their currency had ceased, tho' the
Assembly had voted the Treasurer in Debt, near as
much money as should have sunk those Bills, but for
that they took their course at Common Law, and sunk
them themselves. I say this carefull and honourable
proceeding of the Legislature of New Jersey about
their Bills hitherto, added to the undoubted security
for the Bills that were to pass hereafter, has given
them so good a character, that as their is no need of
the interest money to make them effectually sink, so the
detaining it, has not added nor cannot add anything
to the security or credit of them. I have said that
there is no need of the aid of the interest money to sink
the bills, in the time for which they are to be current
by the Act, because all the accidents which I can think
of that can possibly happen, whereby deficiencies may
arise, are those I have enumerated. Videlicet, by bad
Titles, by the breaking of the Commissioners, by mis-
takes or frauds in counting of the bills cancelled, and
by cancelhng counterfeits in place of true Bills; and
for all the deficiencies by those accidents, other means
are prescribed for supplying them ; so that I think a case
can scarcely be jjut to shew with any great probability,
that there can be any need, or use for any aid of the
Interest money, to sink the bills in the time prescribed
for sinking them.
What your Lordships most particularly insist upon
is, that (by the first paragraph of the Act page 25) the
interest money is expressly appJyed to the sinking of
the Bills, and it is directed to be siuik in presence of
the Governour Council and General Assembly, as to
2b4: ADMIXISTKATIOX OF (iOVERNOK M0XT(;05I£RIE. [17"^'.)
which. If this had been complyed with liitherto, and
should be complyed with hereafter, then all the bills
would have been sunk in Ten years, and there would
have been 925 pounds over and above the sinking all
of them; But (by the 3'' paragraph of the 15"' page) its
expressly enacted, that the Bills should be current
and received for twelve years, and in the Treasury for
six months after, which would be impossible if all
should sink in Ten years, so that these two parts of
the Act are so repugnant, and impossible both to be
comply'd with, should that part be comply'd with
which sinks the bills in Ten years, I am affraid the
people would say that they were deceived, and de-
barred of their expectations of having bills of their
own to make tenders of for twelve years, as well as
their neighbouring Provinces whose bills are to be
long current, and the Borrowers would be put to the
utmost difficulties, to pay in their two last years
Quotas.
For their own bills would then be sunk, there's no
probability of more silver and gold in the province at
that time, than when the act was made: and the bills
of the neighbouring provinces (which would then be
most if not all their currency) might be refused in pay-
ment, the only remedy then left to them would be their
paying in Wheat, which they are allowed to do by a
clause in the Act, at five pence a Bushell less than the
Market j)rice at New York or Philadelphia, which are
the two principal Markets for the produce of New Jer-
sey, even this way they will be loosers of at least ten
p' cent. So these and other debtors would ])r()bably
be brought to extremeties, no less than those the peo-
ple were in at the making of the Act. And to reduce
a Province to ;hese circumstances may have very bad
consequences. By the best information I can get, (and
I assure your Lordshij^s I have endeavoured to have it
from all quarters) the security by sinking the Interest
172'JJ ADMINJSTUATION OJ' (iO V KKN OK MOM(il)M KIJl K. ^^55
money, was (as the Assembly insists) a supererogation,
insisted on by Governom" Burnet, he being of opinion
that it would better estabHsh the credit of the Bills,
and comply'd with by the Assembly rather than they
should lose the Act. Which, when he demanded asup-
l)ort in the year 1725, they in their turn obliged him to
break thorough, or not be supported at all; and served
him in the same manner by the Act now in question.
But further, that clause in the 25"' page put in by
Governour Burnet against the good liking of the Assem-
bly and on which Your Lordships insist, is conceived in
such words, that it's impossible to be comply'd with or
put in execution without the presence and consent of
the Assembly, which form was probably obtained by
them, on purpose to render the clause ineffectual: for
they have ever since the making the Act, denied their
presence for that purpose, and insisted upon the appli-
cation of the Interest money otherwise: wherefore,
if it had not been, nor shall not be hereafter otherwise
applyed. It must for want of their purpose and consent
have lyen and lye dead and useless in the Treasurer's
hands, exposing them to Housebreakers to get it away
of which sort of people there's many in these provinces
occasioned by the Transporiation of Felons from Great
Biitain to the Plantations: <^f late they have commit-
ted numerous Burglaries, which is the occasion of so
many exjjedients, as may be seen in the late Act for
exchanging the money of New Jersey, for preventing
any damage that might arise by housebreaking
to the Treasurers of the Province; of which David
Lyell one of the Commissioners of the County of Mon-
mouth had felt the bad effects, to his considerable loss
of the money of that County, without being ever able
to discover the Felons who did it, tho the utmost care
was taken to find them out.
In your Lordship's letter it is further observed, that
shonld the Act in question remain unrepeaVd till the
256 ADMINISTRATION OF GOVERNOll MONTGOMEIIIE. [1729
Act for raising i)aper money expires^ and any defi-
ciency should happn)!, a Tav must then inevitably he
laid on that County, where the deficieyicy happens to
make good the same. It's very true, But no more true
of that last year than of any of the proceeding years.
For if any deficiency happens in any of the years of
sinking so much as at that time ought to be sunk, a
Tax must inevitably and immediately be laid for it
(by the 20"' page of the Act) that is the first method
prescribed for making good deficiencies, so that there's
no room, neither is there any method ]3rescribed by
the Act, for making them good out of the interest
money. And if even the interest money had been,
and were to be cancelled (according to the 25"' page of
the Act) yet a Tax must be laid by the Tenor of the
Act, not only the last, but all the years in which any
deficiency happens, to make up so that the cancelling
or not cancelling of the Interest money, the applyiyig or
not applying it to other uses, does no way affect or
cause the laying or not laying sucli Tax.
Your Lordships also observe that If the interest
money be not apply'd before the Act which creates the
paper money expires it will then be so much clear
gain to the Province. It certainly will be so if the
Treasurers be not robbed of it before that time, or some
other time, or some other accident happens not to it.
And which clear gain, with the addition of about 2000
pounds, saved by lessening the Commissioners Salaries
to one half, by an Act passed in the year 1727, would
in all amount to above 7000 pounds, And (by the tenor
of the Act in the 2'' paragraph of the 25"' page) is to be
applyed to the support of the Oovernment as the
Governour, Council and, General Assembly shall direct.
By means whereof the province would be freed from
any Taxes for support of Government while that lasted
which would be for a considerable number of years,
seing 970 pounds pays the ordinary yearly expences
1730] ATIMTN'ISTRATION OF GOVKHNOi; MONHiOM FHIE, 35T
of the Grovernment. This indeed would be great ease
to those who shall inhabit the province from the year
I78t) to the year 174o, bnt being so long disused to the
payment of Taxes, they might be loath afterwards to
come again into the use of it. And the not applying
the Interest money as it is wanted, they think to be
laying up money for supporting the Government from
seven to fourteen years hence; when the same money
more wanted to support it at present, than probably
it can be then. And that it is a doubly taxing them-
selves now, to save some of them, and more of other
people, from seven to fourteen years hence from any
taxes at all; who must then be reasonably supposed,
better able to bear a tax than the inhabitants now can,
t)ecause the province yearly encreases vastly in people
and impi/ovements, so in consequence in ability to bear
a tax. And they think it more just and reasonable
that they should then pay for supporting the Govern-
ment, than that the less able people should be obliged
to support it now, and then to.
Your Lordships mention the laying a tax for deji-
ciencies on the counties where they Jinppen as a hmd-
ship. As to that there's little room now to suspect
that it will be any great hardship, seeing the securities
have hitherto proved so good and are still gi-owing
better, but shonld it prove a hardship, yet it will be
no surprize upon the people, for it was a thing delib-
erately agreed to by the generality of them. The As-
sembly while the act was under their considera-
tion, having been adjourned a fortnight, in order
that the representatives might consult their con-
stituents upon that point, and upon the iO(>() pounds
a year Land Tax, and the Assembly did not as-
sent to that security till aftei- that consultation, and
the General Agreement of the people. By sundry
clauses in the Act, the counties have in consideration of
these taxes what was deemed an Equivalent: Such as
18
'ioS ADMIJS^ISTRATIOK OF GOVERNOR MONTGOMERlE. [1729
the approving the Securities of the Commissioners,
the chasing of new ones, several Penalties and For-
feitures, and assignments of Securities &c. and what-
ever hardship, the taxes may be, if ever there is occa-
sion for exacting them, I assure Your Lordships that
the people will look upon the detaining the interest
money unapplyed, as a much greater hardship.
From what I have said I hope it will appear to your
Lordships.
1'' That because all accidents by which deficiencies
can arise, are sufficiently provided for otherwise by
the Act, the detaining the Interest money in order to
answer any deficiency, has given no credit, nor can it
hereafter add anything to the credit and security of
the bills for more than absolute security can not be
desired, and that they have without the aid of the
Interest money.
2'''' That the clause which enacts the sinking of the
Interest Money is repugnant to another clause, which
enacts the bills to be current for twelve years and both
cannot be complyed with: and should that be com-
ply'd with which enacts the sinking of the interest
money, the people will be apt to think that they are
deceived, and reduced to great difficulties and extreme-
ties without any necessity for it.
gcuy q^\^^^ j^Y^Q clause which enacts the sinking the
Interest Money, is conceived in such words that it
cannot be put in execution without the presence of the
Assembly at the sinking them, which they deny, and
I believe wiU persist in it, therefore if the Interest
Money is not otherwise apply'd, it must remain useless
in the Treasurers hands till the Act expires, exposing
them to Robbery, and the province to the danger of
losing that money.
4*'''^ That the applying or not applying the Interest
money to other Uses, does no way affect or cause the
laying or not laying, of a Tax for deficiencies: for
17'^9| Ar»MIMSTIiAJION OK UO\ Kli N(VI; MOXTGOMEKIK. Vf)'.)
were the interest money all cancelled, as the sinking
clause directs, there would still be no less nor more
Taxes tor deficiencies, by the tenor of the Act.
5"''- That the not applying the Interest money till
the Act which creates the pai)er money expires, to
make a clear gain then to the Province will be of no
service, but rather of ill consequence to the Govern-
ment, and will be greatly prejudicial to the people
from whom that interest money arises.
6*'" • That there is little room to suspect any hard-
ships to the people for taxes for deficiencies, but should
such taxes be frequent, it would be no surpiize upon
them, they having been consulted on that point, and
generally agreed to it before it was enacted, and what-
ever hardships the tax may be, they will look upon
detaining tlie interest money as a greater hardship.
Upon the whole, I do humbly conceive, that unless
some Accidents can be imagined, that may create
deficiencies, which are not sufficiently provided for by
the Act, there is no reason for detaining the interest
money without appHcation, but at the same time I
beg leave to suggest, that if any such accidents can
with probability be imagined, then such a part of the
Interest money, as is fully adequate to the supply-
ing the deficiency that may arise by such Accidents,
ought to be preserved for that purpose; and I assure
your Lordships that if you allow me (as I hope you
will) to dispose of the Interest money for the inci-
dental chai-ges of the Government, I shall always take
care, that so much of it be reserved in the Treasurer's
hands, as will answer any deficiencies not provided for
by the Act.
I shall conclude with what I have to say on this
subject by humbly representing to your Lordships,
that if you insist on the Instruction to me of sinking
the Interest money, or detaining it in the Treasurer's
hands, till the paper credit ends, the Government of
260 ADMINISTRATiOX OF GOVERNOR MONTGOMERIP]. [1729
New Jersey will in all probability remain unsupported,
from September 1730 when the present revenue will
expire, to September 1786. And with great deference
I leave it to your Lordships serious consideration if
this is not risquing too much.
I beg pardon for troubhng your Lordships with so
long a letter, but since the supporting of His Majesty's
Government, and the peace and quiet of the Province
of New Jersey, depends upon the things I have repre-
sented, I hojDe your Lordships will excuse me, I assure
you I have stated every thing fairly and impartially,
without any regard to my own Interest, If I have not
done it so distinctly as your Lordships might expect.
I hope you will not impute it to any willful error, or to
my negligence, but to the short experience I have had
of affairs of this kind, to which, till His Majesty hon-
oured me with the Government here, I very little
applyed myself.
I shall with great impatience wait for your Lord-
ships answer, and must delay meeting the Assembly
of New Jersey, till I have it. I wish this delay may
not have bad consequences, but as I told you in the
beginning of my letter, whatever youi' Lordships com-
mands are they shall be punctually obeyed by me,
who am with the greatest respect.
My Lords Your Lordships most obedient
and most humble servant
J. MONTGOMERIE.
To the Lords Commissioners for Trade &c.
K30] ADMINISTKATTOX OF UOVEIIXOR MOXTGOMKKI K. '.'ni
Letter from James Alexander to Ev-Govenior Hunter
— referrino to the death of Ex-Govenior Buiiiet
and Neiu Jersey Affairs.
I From Original Draft in Rutherfurd ColleL-tiou. Vol. !. \t. 1.^;. |
I Endorsed] Letter to Major Gen" Hunter Sent
by Capt. Payton Feb'^ 8" 1729-80 [from
New York
May it please your Excellency
[Extracts. ]
* * * * The death of M' Burnet gave me the
greatest grief & concern of any thing I have met witli.
the world Loses therby one of the best of men, & I in
particular a most Sincere friend & one to whom I Lay
under the greatest of Obligations he w^as a man who
bating warmth was almost Avithout a fault & that by
degrees he became nearer & nearer Master of & in
time had he U\^ed would probably ha\^e been entirely
So, His Son by his first Avife (a Lively youth Gilbert
about fifteen) Avent hence to his relations from Boston,
& his Son & daughter by his Last wife (the one about
Seven &. the other Six years of age) M*" Vanhorne
brought hither & is to keep them here, his Eldest Son
was Avell provided for at home by his Grand fathers
But the tAvo younger children I am afraid are but
indifferently, the chief of what M' Burnet Left being
Some Lands in this province Avhich possibly may grow
to Some A-alue before they come of age.
******** *
1 had leave from his Excellency to be x\bsent from
the Last Assembly in New Jersey in obtaining which
I Esteemed my Self happy by being out of the Squable,
262 ADMI^'ISTRATIO?f OF GOVERXOK MOXTGOMERIE. [1730
As to the Secret Springs thereof which you desire to
know As far as I can guess I shall give you them on
the other half sheet. '
John Kinsey Son of John Kinsey formerly Speaker
of the Assembly there has become Assemblyman for
Midlesex County in his father's place for Several
Assemblys past & So was of that Assembly, M' Kin-
sey is a man of good natural parts & Sense & practices
the Law with Success & Eeputation, but he seems to
have an Extream desii-e after popularity applause & to
be Esteemed a patriot, this desire with his own abili-
ties w]iich must naturally raise an Emulation . . [^] . .
with people who seem by nature to Love to oppose
every thing that a Govern our or his friends propose
gave him in the Latter End of M' Burnet's time a
great ascendant in the assembly which was Still more
Encreased by Sundry popular acts which he proposed
& got past in M' Burnet's Last assembly Such as the
quaker affirmation act to be perpetual, assemblys to be
biennial, & Several others as popular, he also then
put the assembly upon addressing the King for a
Separate Governour for New Jersey, but M' Burnet
upon hearing of it immediately adjoui'ued the Assem-
bly & desired freely to Speak with them at his house,
when he told them it would be dishonourable in him
to permitt Such an address at that time when he
Every day Expected a Successor, & if they would not
promise to drop that matter he would not suffer them
to meet again but must dissolve them. & they haveing
So many other things of Consequence that they were
unwilling to Lose they agreed to drop their addressing
at that time, but the notion of a Separate Governour
& the great advantages it would be of to the province
Soon Spread and became the talk of Every body So
' In the copy from which the above was taken, his account Immediately follows
as here printed.— Ed.
1730] AD.MIMSTRA riON OF (JOVEKNOK .MONT(.OM KKIE. .2f'3
that it was not doubted but that the assembly would
g:o upon it at theii- first meeting again & that without
it nothing was to be Expected, & when the Asseinl)l y
was mett the Current was So Strong this way that the
only question Seemed to be whether it Should be done
in Concert before hand with the Governour or not.
Doctor Johnston & his friends who were near the half
of the house were for concerting the measures with
the Governour & obtaining his Interest in favour of
the thing & for offering a handsome Consideration to
his Exc-' for it l)ut the rest of the Assembly headed by
M- Kinsey Ofe Peter Sonmans were for no Concerting
nor Consideration other than the Addition of a three
years support to the two yeai-s Support then Estab-
lished, and they being a Majority would have carried
it in that manner had thev Sat.
But his Excellency Conceiving that the proceeding
in that manner was first Disrespectful & in the Second
place Should their Address have .its Effect he had Litle
prospect of a further Support, but that the people
would worship the riseing Sun & SUglit him He there-
fore thought proper to Dissolve them
This is the best account I can give your Excellency
of what's past & the Dissolution has no way al^ated
the inclination of the people for a Separate Governoj-
but much Encreased it, which i^ossibly (& I hope it for
his Ex- ' Sake) may take the turn to induce them to
pay handsomely for Leave to proceed to obtain what
theyre so fond of & to purchase his interest for it.
The Country is well able to do it being very mucli
increased in improvements wealth & number of inhab-
itants Since you Left this ])lace & that's what in part
has * •• * •■■ them into this inclination to be a people
by themselves, if his Excellency be guarded witli
Suffi' temper & patience (which I doubt not he will be)
T am apt to believe all will come to this good issue,
Notwithstanding Kinseys party is Likely to be more
364 ADMINISTRATION OF GOVERNOR MONTGOMERIE. [1730
numerous in the next assembly than they were in the
Last, & the rather if his Excellency before he meets
them has directions from home concerning the matter
which he Expects * * * *
Additional Instruction to the Governors of the Plan-
tations— to support the Bishop of London and his
Commissaries.
[From P. R. O. B. T. Plantations General, No. 45, Ent. Book F, 165. |
To THE King's Most Excell/^ Majesty.
May it please Your Majesty,
In Obedience to Your Majesty's Commands Signi-
fy'd to Us by his Grace y' Duke of Newcastle's Letter
of the 21*.' of the last Month, we have preparVl the in-
clos'd Draughts of Instructions to all Your Majesty's
Governors in Ameiica, (except as undermention'd) di-
recting them to support the Bishop of London & his
Commissaries in the Exercise of Such Jurisdiction as
is granted to his Lordship by Your Majesty's Commis-
sion to him.
We have not inclos'd the Draughts of this Instruc-
tion to the Governors of the Leeward Islands. Massa-
chusets Bay & New Hampshire, North & South Caro-
lina, as we intend to incorporate it in the General In-
structions we are now preparing for the Governors of
those Places:
All which is most humbly Submitted.
Edw'! Ashe. Westmorland.
Oii*? Bridgemaii. P. Doeminiquo
W. Gary. T. Pelham.
M. Bladen.
Whitehall 17'^ March 17i.
1730] AD.MIXISTKATION OF (i()\ KI;N(»I; MONTiidMKini;. 2liO
Draught of an Additional Instruction relating
to the Bishop of London's Ecclesiastical
Jurisdiction in America/
Having been graciously pleas'd to grant unto the
Right Rev? Father in God Edmund Lord Bishop of
London, a Commission under Our Great Seal of Great
Britain, whereby he is impower'd to exercise Ecclesi-
astical Jurisdiction by himseh or by such Commis-
saries as he shall appoint, in Our Several Plantations
in America; It is Our Will & Pleasure, That you give
all Countenance & due Encouragement to the Said
Bishop of London or his Commissaries in the legal ex-
ercise of Such Ecclesiastical Jurisdiction, according to
the Laws of the Island [Province] Colony under your
Government, & to the Tenor of the Said Commission,
a Copy whereof is hereunto annexed, & that you do
cause the Said Commission to be forthwith Register'd
in the Publick Records of that Our Island (Province^
Colony.
Draughts of the foregoing Additional Instruction,
were prepar'd for
Robert Hunter, Esq- - - GoV of Jamaica.
Henry Worsley . - . . . Barbadoes.
John Pitt ------- Bermuda
Woodes Rogers .--.-• Bahama's
Rich*! Phihps ----- Nova Scotia.
J"** Montgomerie - - New York & N. Jersey.
Earl of Orkney Virginia.
Ben". Leonard Calvert, - - - Maryland.
Patrick Gordon, - - - - Pennsylvania.
' Submitted to the King in Council April 20tli. and approved.— Ed.
26(i ADMIXISTRATIOX or GOVEKNOH \IOXTrT0MP:RIE. [1730
Lords of Trade to Governor Montgoinerie — relative to
the appropriation of Interest Moneif in Neiu
Jersey.
I From P. R. O. B. T. New Jersey. Vol. XIV. p. -Hii.]
Letter to Coll Montgoinerie Governor of the
Province of New Jersey & New York.
To John Montgonierie Esq'
Sir,
We have received your Letter of the 2^! of August
last & have Consider'd the Reasons offered b}" you to
induce Us to Consent to the Appropriating to the in-
cident Charges of the Government Part of the Interest
Money arising from the New Jersey Act, Intituled An
Act, for an Additional Support of the Government arid
making current Forty Thousand Pounds in Bills of
Credit for that & other Purposes therein mentioned;
Pass'd in 1728.
But We do not find those Reasons sufficient to en-
gage Us to alter our Opinion upon this Subject, and
therefore desire you would take Care that the said Act
be duly put in Execution, according to its origiiial In-
tention.
We must now remind You of Our .Letter of the 2u'."
November 1 728, wherein We desir'd You to move the
Assembly to pass An Act for repealing the last Clause
of that for cqyjjropriating part of tlte Interest Mony,
paid into the Treasury by Virtue of a Laiv of tin's
Province and for subjecting the Residue to future Aj)-
propriations; Since which time you have given us no
Account of what you propos'd to the Assembly upon
this Subject, nor what their Resolutions were; Where-
fore We must again inform you that unless We re-
ceive some Account of their Compliance in this Respect
by the first return after your Receipt of this Letter
We shall certainly lay the said Act befoie His Majes-
1730] ADMTXTSTRATiox OF (uivf:rxor moxtgomt-:kte. 2fi'7
ty for His Disallowance, being determin'd to see the
Act for creating this Paper Mony very strictly put in
Execution.
We have likewise receiv'd your Letter dated at New
York the 2(»^'' of October last promising Us to hold
Courts of Chancery, when occasion offers as former
Governors have done, And We. hope you will take
Care to comply therewith according to youi- Instruc-
tions.
We cannot finish this Letter without reminding You
of those Articles of Your Instructions Directing your
Correspondence with Us in which We think you have
been somewhat remiss, not having heard from you
since November last; We expect you should be more
punctual therein for the future as likewise in sending
Us frequent Accounts of whatever Passes in Your
Government; It being for His Majestys immediate
Service that you should do so; And that you should
constantly send Us the Pubhck Papers required by
your Instructions together with full and satisfactory
Answers to Our Circular Queries.
So We bid you heartily Farewell, and ai'e Your very
loving Friends and huml)le Servants
Westmorland.
T. Pelham.
Orl? Bridgemax.
Whitehall April 24^M73<». W. Cary.
Governor MonUjonierie to the Duke of Newcastle —
about Neiv Jersey Copper ore.
[From P. R. <>. America and West Indies Vol. 1'^, p. 0. i
Perth Amboy May 20^^' 1730
My Lord. [Extract]
* ■^ * I have " ^' * received Your Graces
Letter of March the '2^^ recommending it to me to assist
the EngUsh Copper Company, in purchasing a sufifi
2BS ADMINISTR.LTION OF GOVEHXOR MOXTPtOMERI E. ] 1 730
cient quantity of New Jersey Ore. I have had several
conferrences with the Proprietor of the Mines, I find
him unwilUng to enter into any contract here, and all
I can bring him to is to promise, that when his Ships
arrive in England with the Ore, the Company shall
have the first sight of it, which he thinks is prefer-
ring them to all others. I am with the greatest re-
spect
My Lord Your Graces most humble
and most obedient servant
J. MONTGOMERIE.
His Grace the Duke of Newcastle.
Letter from, Governor Montgomerie to the Lords of
Trade — about New Jersey Affairs.
LFrom P. R. O. B. T.. New Jersey. Vol. III. E. 57.]
Lr from Col° Montgomerie, Rec'cl Sepf 12* 1780.
Perth Amboy May 22^ 1730
My Lords
The last letter I had the honour to receive from your
Lordships was of July the 9"' 1729, which coming in
the beginning of Winter, T had not till now an oppoi--
tunity of acknowledging the receipt of it.
I have so great a desire to have my conduct approv'd
of by your Lordships, that I was very uneasie when I
read the second paragraph of your letter, because by
it I fear your Lordships think that I discouraged the
late Assembly from applying to the Crown by Address
for a distinct Governour. I assure your Lordships I
was far from doing so, on the contrary, when I was
informed of their private meetings, and had good in-
telligence of their secret consultations, which they
carefully endeavour'd to conceal from the Council and
17;{(»] AUMINrSTRATION Ol- (i<)\-i;K NOK MONTGOMERIK. 269
me: to prevent their running themselves into ahsurd-
ities, and inextricahle difficulties, I publickly delared
in all companies, and particularly to the Members, that
if the Assembly in a dutiful maimer addrest His Maj-
esty for a distinct Grovernour, I would not oppose the
Councils joyning with them, and would willingly
transmit theii* Address if they employed me to do so;
and if your Lordships will be pleased to call for my
letter of April tlie i>»V." 1729, you will hud, that the
princii^al reason 1 gave for dissolving that Assembly,
by the unanimous advice of the Council, was because
in their resolves and message, they mentioned no a im-
plication or address to the King.
I have with great anxiety waited for Your Lordships
answer to my letter of the 2' of August last and in ex-
pectation of having it before now, prorogued the As-
sembly from time to time, till I could do it no longer,
the present Revenue expiring in September next, so I
met them on the 7"' of this Month, and I send your
Lord"** a copy of what I said to them at the opening
of the Session, as also of their Address to me, I did not
in my Speech mention your Lordships instructions for
repealing the last clause of the Act for appropiiating
a part of the interest money &'', because the Act pi'o-
viding for the Incidental Charges of the Government,
(to which use the Interest money has been applyed, i
is generally the last Act of the Session, and before that
is brought in, I hope to have your Lordshijms answer
to the long letter I wrote last year upon that Subject.
I have conversed with all the Members about Your
Lordships Instruction, and endeavour'd all I could to
prepare them to comply with it, in case your Lordships
repeat your Order for my insisting upon the repeal of
the clause; I cannot say that they have given me any
encouragement to expect, that they will consent to the
sinking of the Interest money, still insisting upon this,
that the Bills sink regularly and punctually witlioutit.
270 ADMtNTSTRATIOK OF 'GOVERNOR MOXTGOMERIE. [173G
The Assembly has as yet gone upon no business of
consequence, haveing been obliged to Adjourn a week
because of the Supreani Court, which required the at-
tendance of several of the Members: The Quakers are
as numerous in this as they were in the last Assembly?
I hope they will behave now better than they did then,
and do something to deserve the great favour of hav-
ing their Bill ratified by His Majesty. M^ Kinsey one
of their profession is chose Speaker, he is a Man of
sense and honesty, has a great regard for His Majesties
Service, and the prosperity of the Province: I know
he will do all he can to keep his Brethren in a good
temper, when the Session is over I shall give your
Lordships a particular account of the proceedings of
the Assembly.
I return your Lordships my sincere thanks for the
speedy, just, and favourable report you made of the
dispute betwix M" Morris Junior and me. The remov-
ing that Gentleman from the Council Board was abso-
lutely necessary, for his whole business ever since my
Arrival, has been to set the Council, Assembly, and
me by the Ears. I shall trouble your Lordships no
further now, but I beg leave to say that I am with the
greatest respect, My Lords
3^our Lordships most humble
and most obedient servant
J MONTGOMERIE
The Right Hon^^'" the Lords Commissioners of Trade.
Petition to the King froin the New Jersey Assembly —
asking for a separate Governor from New York.
[From P. R. O. America and West Indies, Vol. XII, p. 7.]
To THE King's most Excellent Majesty.
The Humble Petition of the Representatives
1?30J ADMINISTRATION OF OOVEHNOK MONTGOMERIE. 271
of the Province of New-Jersey in America
in General! Assembly convenVl.
Most Gracious Soreraf(/ii.
Wee your Majestys most loyallaiid dutiful! Subjects
the Representatives of your Province of New-Jersey
in Generall Assembly conven'd, by the early care your
Majesty lias been pleased to shew for the Generall
benefit of all your people, are animated to believe,
that nothing which may contriV)ute to the advantage
und prosperity of this (tho' small and distant) part of
your dominions, will be denied us.
Wee tliei'efore beg leave thus to approacli your Roy-
all presence, in discharge of that duty wee owe, to
your Majesty and to our Country, in tlie most humble
manner to represent.
That tlie Inhabitants of this Colonv (formerlv a
Proprietary Government) since the surrender thereof
to the Crowne, hav^e always been tlie same Governour
with your Majestys Province of New-York, that wee
humbly apprehend it would much more conduce to the
benefit of this Province, and be no prejudice to that of
New-Yorl^, were there Governours, as are the Gov-
ernments distinct.
It is a pecuKar happiness many of our fellow sub-
jects enjoy, to be near your RoyaU person and to per-
take of the immediate influence of so good a Govern-
ment; but since our distance deprives us of that great
benefit, it might (wee humbly hope) in some degree to
be recompens'd, by having a person cloath'd with your
Majestys authority constantly residing amongst us.
This wee cannot expect whilst under the same Gov-
ernour with New York, that Government necessarily
taken up so much of our Governours time, that but a
small part of it can fall to our share: and his Residence
being chiefly there, renders application to him from
hence, on ordinarv occasions difficult, and in Extraur-
272 ADMINISTRATION OF (^OVEiKNOR MONTGOMEEIE. [1730
dinary (however willing) he may be unwilling to re-
lieve, untill the affairs of that Province \vill permitt
his coming into New-Jersey.
Under the like difficultys (and for the like reason)
we have laboured in respect to our Principall officers
who have formerly been Inhabitants of that Colony:
which not only renders them less usefull in their sev-
eral stations, but by Spending their sallarys there,
drain 'd us of money which would otherwise have cir-
culated amongst us.
Our having the same Governour with the Colony of
New York, at first, as (as wee humbly conceive) be-
cause this Province was then in its Infancy the Inhab-
itants few, and it might Justly have been thought too
heavy a burden to maintain a Governour of our own,
but Since we are now much more numerous, and are
as able and willing to Support one, as divers of our
neighbouring Colonies who enjoy that benefit; Wee
are humbly of opinion, the granting this Colony such
a Governour; might tend to encrease our wealth, and
Put us in a condition to Emulate our neighbours in
Trade and Navigation.
Wee intreat your Majesty to believe, that nothing-
wee here say proceeds from any dissatisfaction to our
present Governor; on the Contrary wee are very well
pleased with his Government and desire it may con-
tinue during your Eoyall pleasure, but all we liumbly
ask is, that when your Majesty shall think fit to put a
period to his Government, you will then graciously
condescend to bestow a distinct Governour on this your
Colony of New Jersey.
That your Majesty may long five to enjoy the Crown
you wear with ease and dehght, exceeding in honour
your Illustrious Ancestors; that when you part with
an earthly diadem, it may be to receive a Crown more
permanent and glorious; And that great Brittaiu and
these your Dominions may be always happy in a Sov-
1730] ADMIXISTKATION OF GOVERNOR MONTOOMERI K. '^To
eraigii. whose virtues are so conspicuous (as in duty
we are bound) shall be the prayers of
Divers of the Members of this Assembly being of the
People called Quakers Concurr to the matter and Sulj-
stance of this Address but make Some Exceptions to
the Stile
May it Please your Majesty,
Your Majestys most dutifull it
most Loyall Subjects,
By Oi-der of the house 4^" 5"'° 173()
John Kinsey Jun"; Speaker.
Memorial of James Alexander^ Surreijor General of
New Jersey to Governor Morifgomerie .
[From the Origfinal among the Papers of James Alexander in the Rutherfurd Col.
lection.]
To his Excellency John Montgomerie Esq. Cap-
tain General and Governour in Chief of the
provinces of New York and New Jersey
and territories thereon Depending in Amer
ica And our Admiral of the same &c.
The Memorial of James Alexander Survey!"
General of New Jersey.
Hii nihil/ Sheweth
That upon the Surrender of the Government of New
Jersey by the Proi)rietors to the Crown there wero
Sundry Instructions Stipulated to be given to the Gov-
ernours of that Province from time to time for the
better preserving the pro])rieties of the Proi)rietors in
that Province, amongst which one Instruction was to
be to this purpose
To permitt the Surveyors and other persons appoint-
ed by the General Proprietors for Surveying and Re-
19
5J'?4 ADMIKISTRATION OF GOVEENOR MONTGOMERIE. [1730
cording the surveys of Land to Execute their trusts.
And if need be to aid and assist their Officers, Provided
that they do not only take proper Oaths for the Due
Execution of their Offices, but also give good Security
for So Doing and take the Oaths appointed by Act of
Parliament and to make and Subscribe the Declaration
As by your Excellencys Instructions this Memorialist
presumes will more fully appear.
That about the year 1715 this memorialist was ap-
pointed Surveyor Gen! of New Jersey by the General
proprietors thereof who thereupon i-epresented to his
Late Majesty their appointment; And that it was of
Great Consequence to the publick peace as well as for
the Security of the property of the Subjects that the
said Office be faithfully Discharged, praying his Maj-
estys Directions to the Governour for, the time being to
give this said Officer and all Due Countenance and As-
sistance in the Discharge of his office. Whereupon
his Late Majesty by his Letter Dated the 9"' of May 1715
Did Direct the Governour for the time being to Assist
and Countenance the said Officer in the Execution of
his Office in the way that may be most Effectual to
prevent all Disputes and Divisions which may Arise
amongst the Subjects there with respect to their proj)-
ertys As to the Original of the Proprietors Commission
and Letter both whicli are Entered of Record in the
Secretary's Office of New Jersey here ready to be
produced may appear
That in the year 1715 3^our Memorialist Arrived in
New Jersey with the Said C-ommission and Letter, and
on the Seventli of November in the same year pro-
duced them in Council to the then Governour, where
your memorialist was Sworn, pursuant to the Instruc-
tion aforesaid, & gave Security & the then Governour
with the advice and Consent of the Council Issued a
proclamation forbidding all persons whatsoever Ex-
cepting your memorialist and his Deputies to Execute
1730 I ADMINISTKATIOISr OF GOVERNOR MONTGOMERIE. 2T5
said the Office of Surveyor And all officers Majesterial or
ministerial were thereby required to give your niemo-
I'ialist Suitable Countenance and Assistance in the
Execution and Discharge of his Said Office as by the
minutes ofCouncil of the Said Day and a printed
Coppy of the said proclamation here ready to be pro-
duced will appear.
That the Council of Proprietors of the western Di-
vision opposed your memorialist in the Execution of
the said Office Claiming the right of appointing the
Surveyor General, but proposed to appoint your me-
morialist if he would Accept of their appointment,
which he refused unless it were Done in Such manner
as that there might be no Disputes afterwards with
them upon that head, and accordingly they agreed to
appoint and in the year 1Y16 Did appoint your Memo-
rialist Surveyor General of the western Division of
New jersey During his good behaviour As by the ap-
pointment in the mmutes of the said Council of Pro-
prietors and a true Coppy thereof under the hand of
their Clerk here ready to be produced will appear.
That in the Year 1719 An Act of the General Assem-
bly was made wherein Sundry regulations of the office
of Surveyor General were made amongst which is one
that he give Security to the Governour in one thousand
pounds Sterling which your Memoralist Complyed
with
That your memorialist being Intituled to the said
Office as aforesaid has peaceably held and Enjoyed it
till Lately that your memorialist was Informed the
Council of proprietors of the Western Division had
taken upon themselves without any Surrender from
your memorialist or Conviction for or Even pretence of
Misdemeanour to appoint a Surveyor General in your
Memorialists room Whereupon your Memorialist then
by Letter acquainted your Excellency of his title to the
said Office hoping your Excellency would not Counte-
27r) ADMIlflSTRATIOX OF (iOVERNOR MONT(t'OMERIE. [1?30
nance the person So appointed nor ad mitt him thereto
by Administring the Oaths to him or takeing Security
According to the direction of the Instruction and Act
of Assembly aforesaid, Untill I was Legally divested
of the Said Office, which your Excellency was pleased
to say you Should not Doe.
That your Memorialist has been Credibly Informed
that Samuel Bustell Deput}^ to James Smith Esq- Sec-
retary of the province & Recorder of the Proprietors
Did take upon him (without any Delegation : from your
Excellency of the power of Admission of Surveyors as
aforesaid) to Administer the Oath or affirmations to
the person so appointed and Receive and Judge of his
Security
Upon which your Memorialist Cauzed to be repre-
sented to the person so appointed the Illegality and Ir-
regularity of his appointment and Admission Where-
upon as youi- memorialist has been Informed he was so
Convinced of the Illegality & Irregularity of the mat-
ter that he refused to take upon him the Said Office.
That your Memorialist is now^ Credibly Informed
that there is a Combination amongst Some of the
Council of Proprietors who together with all their
Ellectors are not Intituled to five proprieties, and that
in opposition to the rest of the proprietors who alto-
gether make up the hundred proprieties, again to
appoint anotlier Surveyor General, and to Get Samuel
Bustill aforesaid to admit him and to get a number of
People (amongst which it is Said the Said Samuel Bus-
till has offered to be one) to Enter into bond to war-
rant the power so appointed in the Execution of the
said Office against all Suits that may be brought
against him for so doing
That your Memorialist is also Credibly Informed that
the Said Samuel Bustill Contrary to the Duty of his
Office has taken upon him to record Certificates of
Surveys not made by your memorialist whom he well
1730] AI)Nn?^rSTHATIOV OF COVEKXOR MONTOOM KH f K. ^i7
knows to be only entitled to make them as aforesaid
and which power youi- memorialist never Delegated to
any person
That your Memoi'ialist Conceives tho the Combina-
tion aforesaid & practices of the said Sanmel Bustill
Cannot Divert your Memorialist of his Said Office Yet
they will much tend to Stiivring up Dis]mtes & Divisions
amongst the Subjects with respect to their properties
to the Endangering the j)ublic peace of the province
That your Memorialist C^onceives it his Duty to Lay
these matters before your Excellency Humbly Sub-
mitting it to your Excellency to take Such measures
in the Premises as mav be Effectual to Correct Such
usurpations of your Authority and to remedy the
above Evils & preserve the Publick Peace According
to the power Lodged in your Excellency <fe more par-
ticularly by the Instructions and Letter before men-
tioned
Ja: Alexander
New York July 27 1 730
Ordered that Samuel Bustill be served with a Copy
of the above Memorial and that he communicate that
Copy to the Council of Proprietors at their first sitting,
and that if they have any objections to any of the facts
of the Above Memorial they may represent them to me,
with all convenient speed, in order that with the said
Memorial they may be taken into consideration at the
next Council, and thereupon such measures may be
taken as by the Advice of His Majesty's Council shall
be thought proper
J. MONTGOMERIE.
Memorandum :
That on the 30"' day of July 1730 was Sanuiel Bus
till Shown this Memorial and a True Copy Theieof
(liven To him Hy me
is DeCow.
278 ADMINISTKATION OF GOVERNOR MONTGOMERIE. [1730
Thomas Smith to the Secretary of State — asking to be
appointed Governor of New Jersey.
[From P. R. C, America and West Indies, Vol. XII, p. 8.]
80 July 1730
My Lord,
Upon Certain information that a petition of the
assembly and the Inhabitants of the New Jerseys is
soon to be presented to His Majesty praying that a
Separate Government may be Established there, and a
Distinct Governour appointed over those provinces:
I make this my most humble request to your Grace;
that through your graces favour if the said petition to
be granted; I may be the person appointed Governour
of the said provinces.
My services being in a great Measure known to your
Grace incourages me uery much in this my application,
as well as the inherent pretensions I Claim to your
Graces patronage and protection from having been
honoured with the hke in a perticular manner by your
Graces Uncle John Duke of Newcastle, for whose mem-
ory and for whose friends I flatter my Self your Grace
will always Shew a Regard
I am my Lord with very great Duty and Respect
Your Graces most Obed- and most Humble Serv^
Thomas Smith
The Ansiver of the Council of Proprietors of the West-
ern Division of New Jersey to the Memoricd of
James Alexander, Esq., lately jyresented.
[From a Copy among the Papers of James Alexander in the Rutlierf urd Collection.]
To His Excellency John Montgomerie Esq'"
Cap* General and Gov'' in Chief of the
]7;50] ADMINISTRATION OF OOVKRNOR MONTGOMEHIE. JiTl»
provinces of New Jersey New York and
territories thereon Depending in America
& Vice Admiral of the Same &c
May it please ijonr Excellency:
Tin's board liaveing by your Excellency's Order Late-
ly received from M' Bustill Deputy Secretary at Bur
liugton the Coppy of a nieuiorial presented to ycnir
Excellency by James Alexander Esq- complaining of
our proceedings in appointing another person to exe-
cute the office of Surveyor General for said Division
the right of which from what he has alledged in that
memorial he Conceives to be wholy Invested in hiin-
selfe We first withall Due Submission and thankfull-
ness acknowledge your Excellency's goodness in order-
ing the said Comp' to be Couimunicated to us and next
we humbly offer to your Excell'ys Consideration the
reason of our proceedings in the point of which that
(lentleman Complains.
But that the whole affair may be better Judged of
we gladly Embrace this opportunity of representing
to your Excellency the true foundation of the Consti-
tution of this board how it was first formed and by
what power it acts which we beheve cannot at present
be done more Effectually than by humbly offering to
your Excellencys Inspection a memorial formerly
drawn up upon Occasion of an Attack made in this
board And presented to his Excellency Brigadier Hun-
ter in the Year 1713: who was pleased not only very
favourably to receive the same but from that time
Showed a hearty Inclination to Contribute what in him
Lay to Establishe the proprietary affairs of our Divi-
sion in such a foundation as might for the future pre-
vent all Difficultys on the Subject And which might
in a great Measure been happly effected And we Can-
not Doubt but from your Excellencys known benevo-
lence to mankind yon will on Considering tliat memo-
280 ADMINtSTRATlOX OF fiOVERI^OE :SrOlS^TGOMERIE. [1730
rial herewith humbly Presented, be pleased to Coun-
tenance & Encourage the Endeavours of those who
would Still Labour for the same good end And who
would think it a great happiness if under your Excel-
lencys administration it might possibly be obtained tho
it has hitherto unfortunately miscarryed Viz that the
rights of all persons claiming Lands in the Said Divi-
sion, on proprietary purchases, Sho'd be fully Ascer-
tained, and all the Disputes about the manner of ob-
taining them be for ever Determined and ended
And as that Memorial cleerly Shows the Institution
of this board we further Crave Liberty to observe That
tho' those proprietors of this Division who are resident
in England have at times Claimed a Superiority over
the rest, as Conceiving them perhaps inf eriour because
of their Less Honourable Scituation; Yet these resi-
dent here whose rights were unquestionably of Eq ua
validity, who had also the Superior meritt by venture-
ing their Lives and Estates over the ocean. And Eais-
ing by their Industry and Improvements the Lands of
the province to the value they have born: without
which they could certainly have been of very Little ,
of any
And who had further the advantage of being pres-
ent on the Spot when Every order must be put in Exe-
cution these residents here we say have C^onstantly not
only Claimed, but have Actually exercised the author-
ity and Right of Constituting all officers whatsoever
necessary for the Regulation of our proprietary affairs
here, And from hence it was that tho' James Alexan-
der brought over a Commission from those Called the
Society who have vested in them about twenty one
proprietys (not much more than one fifth of the whole
hundred that make up the Division) this board at that
time would by no means admitt of his Claim to the
Surveyor Generals Office on the foot of that Commis-
sion: Yet Conceiving a good opinion of the gentleman's
K-'^O] A i)\rTXTSTn.\Tf(i\ OK (i()\ i:i{X()i{ montuom krik. 3S1
abilities and his Capacity in all respects to Serve them
being then a resident in the province, and haveing a
a few or no avocations from Such a Chai'ge, they there-
fore thought fit to appoint him as a person wellqualli-
fied for and worthy of the trust but the Cercumstances
of his affairs, and residence being earged, and the an-
nual Ellections of our officers according to our founda-
mental Constitutions (for Information whereof we
humbly refer your Excellency as above) being altered
if not subverted in one of its most Essential parts
and proi)ertys made us think of a Change neither did
this board conceive that the appointment of another
might have proved matter of Complaint, but rather
an Ease to the Gent to be released from such a Charge
for as all officers are or Should be appointed for the
Sake of such business only as Each respective Office
was Errected for; It may be very Easily be Judged
how far the Duty of a Surveyor Greneral of the west-
ern Division of New jersey Lying on Delawar can be
Discharged by a person engaged as that Gent, is known
to be at a remote Distance
As to what is Said by the Memorialist of his being
Credibly Informed that Samuel Bustill Deputy to James
Smith Secretary and Recorder &c did take upon him
without any Delegation from your Excellency to ad-
minister Oaths or affirmations to a person we had ap-
pointed to be our Surveyor General and to receive and
J udge of the Security—
On Enquiry we found there was a writt of Dedimus
potestatem in the Secretarys office Granted under the
Great Seal of this province and Directed to James
Smith Esq' Secretary of Said province and Said Sam-
uel Bustill Authorizeing and Impowering them or
Either of them to adminster the oaths or affirmations
required by Law to all officers in the western Division
of this province Which writts of Dedinms Potestatem
have Ever been Issued and Left in the Secretarys office
282 ADMINISTEATION OF GOVERNOR MONTGOMERIE. [1730
here as well for the more Speedy Qualification in re-
spect of the Governours residence at New York
And we in exercise of the right and power that we
have Ever held and Enjoyed in that behalf e haveing
appointed the person Spoke off by the memorialist to
be our Surveyor General conceived we were within the
benefite of the Said writt to have the Oaths or affirma-
tions required by Law administei'ed to him and accord-
ingly requested the same to be done by the Said Bus-
till, as a matter of right he being intrusted and Im-
jDOwered as before observed, & the Secretary mentioned
with him being at that time absent at New York
We hope that from what we have promised to your
Excellency in affirmmance of our power of appoint-
ing Such an officer, Your Excellency will be Enduced
to think, we did not Act in that behalfe otherwise than
as we were well entituled to do and warranted in by
our Constitution And therefore that the said Bustills
Complyance with our request, will not be Imputed to
him of your Excellency as • any Subject of blame or
Acting Inconsistently with his duty but rather in Con-
formity to it as, not haveing a Judicial power to De-
termine our right of Constituting the Said officer or
in whom the title to the said office Lay —
We assure your Excellency that we do not know or
ever heard of any Combination of the said Bustill with
us as Complained off by the memorialist nor did we
ever ask the said Bustill to Come into any Association
with us in our proprietary affairs
And in respect of the other Charges against the said
Bustill mentioned by the memorialist, we beg leave to
refer your Excellency to the said Bustills own answer
who is best able to vindicate himselfe in regard of the
other facts Suggested against him by the memorialist
By order of the Council of Proprietors
Isaac Pearson Clk
Burlington t)"' of Septem"- 1730
1730J ADMINISTRATION OF (iOVEKNOR MONTfJOMIiJtIE. 283
Johu Parker of Perth Ambon to the Rev. William
Skinner — relative to the Mottoes for the Seal of
the City of Neiv Brunswick and Mr. Skinner's
an steer.
[From Original among the MSS. of W. A. Whitehead.]
To the Rev'* William Skinner
Sir
I have been divers times to wait upon you at your
own house but you were gone out, I had a favour to
Ask of you in behalf of the Corporation (that is to be)
of New Brunswick.
The Seal of the City of Perth Amboy is Engraven
on the dexter with a hunting horu And over it Arte
non Impetu. On the Sinster with a Ship riding at
Anchor in a harbour & under it Portiis optinnis.
The Seal of the City of New Brunswick is to be En-
graven on y" Dexter with a Shief of wheat and a pair
of Ballances or Scales weighing a barrel of Flower and
over it \Alma Sed jEqua\ & on the Sinster w'" a boat
riding at anchor in a river before the Town and under
it [Laeter revertor]
The favour Now asked of you is to fill up those
l)lanks' with apt words, which will be acknowledged
by the Coi'poration as well as by Your
Most Humble Serv!
izo^A/yh
p. Amboy Sep^ 17^" 1730
I should be glad If you would do it this week
' The blanks left bj' Mr. Parker in the original, have the phrases \\ ithin brackets
}84
ADMINISTRATION OF G^OVERNOR MONTGOMERIE.
1730
Answer of Rev'' William Skinner
P. Amboy Sept" 17. 1730
Sr
I have fiird up your Blanks in Such a manner, as I
think they may pass, tho' perhaps not please a nice
Ci'itick, whom indeed it is hardly possible to please.
However But you may know my meaning in gen!
Take it thus. The first is, Alma Sed cequa — By w'''
may be meant a Certain old Gentlewoman named Ceres,
and rightly represented hj the Sheaf of wheat, display-
ing her Bounty to mankind, but yet with an equal
hand as figured by the Scales, denoting that That
Bounty extended in proportion to Industry. And
thus we may imagin to hear the Goddess say — Sum
alma Sed Sum oequa.
The next is — Laeter revertor and this I suppose to
be the Language of the boat at anchor safely returned
to the Satisfaction of the Merchants wishes (and that
is not easy) I am S' Yours
^//•M^O
written on them in the handwrit-
ing of Mr. Skinner. His sugges-
tions do not appear to liave been
carried out, for tlie Seal of New
Brunswiclc now, wliich is thought
to be the one adopted in 1730, rep-
resents an ordinary Shield sur-
mounted by an Eagle with out-
spread wings for a Crest: an arm
holding a hammer is on the dexter
side of the shield, a small sloop, oil
the sinister side; tlie motto "Pro-
bity " surmounting the whole.
The seal of Perth Amboy re-
mains the same unto this day.
The hiniting horn was introduceii
in honor of Governor Hunter, who
granted the first charter to the city
in 1718.— Contributions to the Early
History of N. J., pp. 50-.53.- Ed.
K30] ADMINISI RATION OF GOVKHNOi; MONTGOMERl P:. 285
P. S. If this will pass 'tis well, if not let me hear the
objections and I will mend y' matter if I can
W. S.
Governor Mont<jomerie to the Lords of Trade — in
relation to several Acts passed by the New Jersey
Assembly.
[From P. R. O. B. T. New Jersey. Vol. III. E .59.]
L"" from Col° Montgomerie, dated NovV 20^"' con-
taining remarks on Several Acts passed in
New Jersey in 1 730, on An Address from
thence for a Separate Governor, and excus-
ing his not transmitting the pnblick papers
Sooner. Reed Febry 27*^ 17a?.
New York NQvember 20'" IToO
My Lords
My last to Your Lordshi])s was of the 22'" of May
from Perth Araboy, and I have had the honour to
receive your letter of April the 24"'; which did not
come to my hand till the end of September, several
Weeks after the Assembly of New Jersey was Ad-
journed: It being in Answer to my letter of Septem-
ber the 2'' ) 721), I am very sorry that I had it not before
they met, or while they were sitting, for my not re-
ceiving Yom- Commands then, made me flatter myself,
that what I had represented to Your Lordships had
induced You to alter Your opinion as to the disposal
of the Interest Money, If I had not thought so, I
would not have given my Assent to the Act N° 3, of
which, and the other Acts past last Session, I shall
now give Your Lordships a particulai- Account.
N° 1. An Act for the more speedy recovery of lega-
386 ADMINISTRATION OF GOVEKXOE MONTGOMERIE. [1?30
cies, that have been or may be given in this Province,
and for Affirming such Acts of Administrators, bona
fide done, before notice of a Will.
This Act consists of two parts, the first relates to
Legacies, the Second to Letters of Administration, as
to the first part, There being no Eclesiastical Courts
in this Province, the only remedy for a Legacy given
out of a i3ersonal Estate was in Chancery, the method
of recovering in which Court, was not only tedious,
but the expence attending it did often exceed the
Legacy given: for remedying whereof, this Act gives
the Court of Common Law in the Province the Cogni-
zance thereof. As to that part of the Act which
relates to Letters of Administration, as the Law stood
before the making of this Act, where any person dyed
here, and Administration was regularly granted of his
Goods and Chattels, yet, if a Will after appeared, all
the Acts of such Administration (altho bona fide done)
were held merely void, and an Action was maintaina-
ble by the Executor, or Executors appointed by such
last Will, against any person who had purchased Goods
of such Administrator, which was highly inconvenient,
and attended with many ill consequences, for which a
remedy is provided by this Act.
N° 2. An Act for Securing the Freedom of Assem-
blies. A great Majority of the House of Representa-
tives, and particularly the Quakers, were violently
earnest for this Act, their main Argument for it was,
that by the Kings Letters Patents Authorizing the
makeing Acts in this Province, they are hereby
dir'ected to be, as near as man ^^^' agreeable, and not
repugnant to the Laws of England. And this Act pro-
viding in relation to our Assemblies, what is done in
Great Britain relating to Parliaments, must be war-
ranted by those Letters Patents, nor did they think it
affected the prerogative of the Crown any more (if so
much) as the Act for the Triennial calling of Assem-
1T30J ADMIXISTRATION OF GOVERNOR MONTGOMKRIE. 387
blies past by Governour Burnet, and (as they positively
asserted) reported by Councellor Fane as fit to be
Confirmed. When this Bill was brought up to the
Council, the Board unanimously intended to reject it,
but when they considered that there would be time to
lay it before His Majesty by Your Lordships, before it
could be reduced to practice, to keep the Assembly in
a good temper they agreed to the Act, and advised me
to give my Assent to it.
N? 3. An Act to inf orce the Payment of the Inciden ■
tal Charges of this Government, out of the Interest
Money, by a former Law of this Province subjected to
future Appropriations
^s soon as the Assembly met, I conferVl with every
one of the Members upon the subject of Sinking the
Interest Money, and told them that I was ordered by
Your Lordships, to move them to pass an act, for
repealing the last Clause of that for appropriatiiuj
part of the Interest Money paid into the Treasurt/ hij
virtue of a Lata of tJris Province, and for snbjectin</
the residue to future Appropriations: And that if,
tliis was not immediately comply'd with. Your Lord-
ships would certainly lay the said Act before His
Majesty for His Disallowance: Their general answer
was, that if I represented this Affair right to Your
Lordships, you would surely alter Your Opinion, and
not insist upon Sinking the Interest Money: They
defy'd me to shew any inconvenience that attended
such Appropriations, for the credit of their paper Cur-
rency was now as good or better, than it was at the
time of the first Appropriation. That they would this
Session, as they had done in every former one, make
strict enquiry into the circumstances of the Law
Offices, to see that the Bills be regularly Sunk, j
must do them Justice to say that indeed they did so,
and when there was the least appearance of a defi-
ciency, or rather a delaying of the payments by the
Death of some of the Managers, they immediately
288 ADMINISTRATION OF (iov?:knor montgomerie. [1730
provided a remedy, as Your Lordships will see by their
Notes. I still insisted upon their Sinking the Interest
Money, and repealing the last Clause of the ApjDropri-
ating Act; They then plainly told me, that the Govern-
ment could not be Supported, unless the Incidental
Charges of it, w^ere paid out of the Interest Money.
My having no hopes to prevail with them, was the
reason why I did not move the appeal of the above
mentioned (clause, as Your Lordships ordered me, for
I could expect nothing but a public, or perhaps a rude
refusal: Such as probably would oblige me to Dissolve
them, and I leave it to Your Lordships to Judge, in
what a Condition His Majesties Province would have
been, without any Support of Government, the one
then existing being to expire in Two Months. In
pursuance of what most of the Members told me, a
Bill was brought into the Assembly for Supporting
the Governraant for five Years, and the Contents of
this Bill, of which I am nov^^ giving Your Lordshii)s
an Account, was added to it, that they might as one
of them exprest, stand and fall together. Such a Bill
I intended to refuse at all hazards, and I believe it
would have come to that pass, if it had not been for
the prudent management of M'.' Kinsey the present
Speaker, and Doctor Johnston who was Speaker of
the last Assembly, they with great difficulty perswaded
them to separate the Bills; when they were brought
in singly, the case stood thus, I must either pass the
Bill for Defraying this Years Incidental Charges of the
Governme:it out of the Interest Money, or they would
not pass the Bill for the Five Years Support: Not
having then (in June 1780) received Your Lordships
letter in answer to mine of the 2? of September 1720, I
was in hopes, as I mentioned in the beginning of my
Letter, that your Lordships had altered Your Opinion
about the disposal of the Interest Money, otherways I
w(^uld not have presum'd to have given my Assent to
this Bill. So I beg your Lordships will put a favour-
173(1] AI)\[I\rSTRATIOX OF ftOVERNOR MOXTGOMEHTH. -iH'.)
able construction upon what I have done, witli a good
intention for His Majesties Service.
I An account of Bills, Nos. 4 to 14, inclusive, then
follows in the original, but it is thought unnecessary
to insert it. as the bills were comparatively of little
jnoment and were generally approved.]
N? 15. An Act the better to enable the Inhabitants
of this ( *olony to Sup])ort the Government, Discharge
their Engagements in the Loan Offices, and for reliev-
ing their other necessitys. by making currant Twenty
Thousand pounds in Bills of Credit.
I did not give my Assent to this Act, till a clause
was inserted suspending the force of it till his Majestys
pleasure be known,' and shall only now repeat to Your
Lordships the Arguments us'd in favour of it. The
Province of New Jersey being situate between those
of New York and Pennsylvania, and It's paper Money
being Currant in each, occasion the disposing of it thro'
the whole, so that its reckon'd that scarce a third part
continues in the Province. When the paper Currency
was enacted in the year 1725, Forty Thousand pounds
was thought little enough to maintain a Currency,
and cai-ry on Ti-ade. Much the greater part of which
being now 8unk. and the Act which rais'd it requiring
that those who borrowed it, should pay it in again in
the same Space, put the Borrowers under veiy great
difficulties to procure it, and those difficulties are
Yearly Augmenting to the Sinking of the BiUs.
Therefore the Assembly thought a further quantity
of Paper Money necessary, as well for carrying on a
Commerce with their Neighbors, as maintaining of
Trade amongst themselves, and discharging their En-
gagements in the Loan Offices.
' Approved by the King iu Council May 4, 1732, after the receipt of a memorial
from Richard Partridge, the Agent of the Province, urging its approval— dated in
September. 1731. — Ed.
20
J?90 ADMINISTKATION OF (tOVEKJS^OR iiONTGtOMERlE. [l730
Towards the end of the Session, the House of Eepre-
sentatives voted an Address to His Majesty, entreating
him, that whenever he shall please to put a period to
the Government of the present Governor, that then he
will be pleased to bestow a distinct Governonr on this
Province. At their desire I have transmitted the
Original Address to the Duke of Newcastle, and I
enclose a Copy of it for Your Lordships perusal. The
Assembly that met at Burlington in 1728 was full of
this Scheme, and their irregular way of pursuing it,
obhged me to Dissolve them: But many who were
then very hot, begin now to cool about it, and I hear
several Counties are preparing Addresses against a
Separate Governour.
I am sorry that Your Lordships should have the
least appearance of ground to complain of my being-
remiss in my correspondence, and I beg to assure
Your Lordships, that it was occasioned by not having
any opportunity of sending Letters from this for
several Months, and I intrust you will also excuse my
being so long without giving an Account of the pro-
ceedings of the Assembly of New Jersey, I could not
get the Acts and Minutes out of Printers hands till
last Week, our presses in this Country being very
slow and ill Managed.
The Assembly of the Province of New York was
Adjourned on the 29"' of October, to the Second Tues-
day in March next. I shall have their Acts, and an
Account of their proceedings ready to send Your Lord-
sliips by a Ship that will sail from this in a few Weeks.
1 am with very great Respect.
My Lords
Your Lordships most humble
and most obedient servant
J MONTGOMERIE
To the Lords (Commissioners lor Trade and Planta-
tions
1T30] ADMINISTRATION OF GOVERNOR MONTGOMEUIE. 391
Attorney and Solicitor Gi^neraVs Opii/ion — in relation
to Fines and Recoveries.
[From P. K. O. B. T. Plantations General. Vol. IX, M, 21.1
To the Right Hono'ble the Lords Commission-
ers for Trade and Plantations.
3fay it please Your Lordships.
In obedience to Your Lordships commands Signified
to us by M'.' Popple's letter of the S':" of this Month,—
whereby we are desired to give our Opinion in point
of Law, whether any Fine or Eecovery levied here will
cut off the Intail of Lands lying in the Plantations in
America; We humbly certify Your Lordships, that
w^e are of opinion, that that no Fine levied or Eecovery
suffered here of lands lying in any of the Plantations
can bar the Intail of such lands, unless the particular
Laws or Acts of Assembly of the Plantation where
such Lands lie have provided, that Fines or Recoverys
levied or suffered in England of Lands there shall have
that effect; and in that case, the Force of such Fines
and Recoverys depends upon such particular Laws or
Acts of Assembly, and must be regulated by them.
All which is humbly submitted to Your Lordships,
P. YORKE
C. Talbot.
16^'' Dec' \TM\
Letter from Governor Montgomerie to Secretary
Popple.
[From N. Y. Col. Doots.. Vol. V. pac^e 013.1
[Extract. 1
Sir
* *t * -^ J shall not trouble you with repeating
what I have said in my leters to the Lords but refer
292 ADMIJflSTRATION OF GOVERNOR MONTGOMERIE. [1730
you to them, When you come to that point of defray-
ing this year's incidental charges of the Governm' of
New Jersey out of the interest money, you will see
what difficulties I had to struggle with, and I do now
assure you, that if I had not given my assent to the Bill
enacting it, the Government of New Jersey had now
been without any support, and in as great confusion
as ever, the Govern' of New England was in the height
of their disputes with Governour Burnet. I beg to
hear from you sometimes, and I am with great
respect Sir
Your most obedient, and most humble servant
J. MONTGOMERIE.
i21 Dec^ 1730.
Mr. Popple.
[Under the same date, Governor Montgomerie wrote
to the Duke of New Castle —
' "That Assembly [of New Jersey, May 7 to July 8,
1730] voted an Address to His Majesty intreating him,
that whenever He shall please to put a period to the
government of the present Governour, that then he
will be pleased to bestow a distinct governour on that
Province. Expressing at the same time their satisfac-
tion with the present Governour, during such time as
His Majesty shall be pleased to continue him in Com-
mission. This Address they desire me to send to your
Grace, and they beg you will do them the honour to
present it to His Majesty. I am told that upon the
perusal of this address, some application has been
already made for the government of New Jersey, but
I tliink my self very Safe, trusting to His Majesties
goodness and your Grace's protection ; Especially since
the Address itself does not desire a separate Governour
while His Majesty is pleased to continue me in that
station.— N. Y. Col. Docts., Vol. V, p. 913.]
173 1 j ADMINISTRATION OF GOVERNOR MONTGOMEKIE. VJS
Letter from Thomas Peaii to James Alexander.
[From Rutherfurd Collection, Vol. [, p. 148.1
London Feb-^ 4, 1731.
Esteemed Friend
[Extract.]
I must mention one thing toj thee which is tlie
Choice of an Agent for your Province; Ferd. John
Paris has desired me to use what Little Interest I had
in recommending him to Merchants here which I did
but I cant say with what success on Richard Partridge
having oposed it. I need not inform thee how suitable
he would be for that Place when acquaint thee we
have him in that Capacity for Pennsylvania If thou
wouldst Speak to some Friends of thine in his behalf.
I dare say you would have no reason to be ashamed
of your Recommendation. * * *
I am Thy Assured Friend
Tho Penn.
Letter from Governor Montgomerie to the Duke of New
Castle.
I From N. Y. Col. Docts.. p. i)i:i.|
New York June 20 1 731
My Lord. [Extract]
"■ ■■• ■"" There is also a vacancy in His Majesties
Council in the Province of New Jersey, John Hugg,
being dead,' I beg your Grace will recommend Doctor
' '■ He was about ten years one of the council. Riding from home in tlie momiiifr
he was supposed to be taken ill about a mile from his house when gettinp: olT his
h(irse he spread his cloak on the Kround to lie down on, and having jjut his gloves
under the saddle girth, and hung his whip through one of the rings, he turned the
horse loose, which going home, put the people upon searching, wlio found him
speechless: they carried him to his house and he died that evening." -Smith's
J^listory of New Jersey, p. 4;.'4.— Ei).
294 ADMIXISTRATION OF GOVERNOR MONTGOMERIE. [1731
John Kodman to succeed him. He is well affected to
the Government, a man of sense, very much esteem'd
and has a good estate in the Province. * * *
I am vt^ith the greatest respect,
My Lord Your Graces most obedient
and most humble servant
J. MONTGOMERIE.
President Van Dam to the Lords of Trade — infoj'Viing
them of the death of Oovernor Montgomerie.
iFrom N. Y. Col. Docts.. Vol. V. p. tf21.J
New York 1 July 1731
My Lords,
I thought it my duty with all speed to acquaint
Your LordP*"' with the death of our late Governour
John Montgomerie Esq!' who departed this life last
night. And that until further orders from his
Majestie, the Govern' of this Colony is devolved upon
mee as the first of his Majesties Council here, assuring
Your LordPP' that to the utmost of my power I shall
with all faithfulness discharge my duty therein till his
Majesties orders shall arrive; and that I am with all
dutyf ull respect My Lords,
Your Lord'"'" most humble obedient servant.
The Lords Commiss' for Trade & foreign Plantations.
' For notice of Rip Van Dam .see Vol. IV. p. 108.— liu.
1731] VDMIXISTRATrOX OF PRESIDEXT MORRIS. :>0o
President Lewis Morris to the Duke of Neivcastle —
informing him of the death of Governor Mont-
gomerie.
I From P. R. O. America and West Indies. Vol. XII. p. 14.)
Perth Amboy New Jersie July W^ 1 7:u
May it Please your Grace
The Intention of this is to give your grace the
MelanchoUy account of the death of Coll? Montgomerie
our late Governour. he dyed suddainly at New York
about foure of the clock on thursday morning the first
of this month; some say of an Appolectick fit, some
say the gout with which he had been for some time
before afflicted got into his Stomach & carried him off.
the particulars of which will I presume be more fully
transmitted to your grace by the President of New
York, he was ])uried on fryday evening, on Saturday
I received the Seales and papers relating to this Prov-
ince and immediately repaired to it. but it being the
heighth of liarvest here and the gentlemen of his
Majesties councill living verry i-emote from each othei-
I could not get a councill together till the Wednesday
and then but foure of them besides my Selfe; when I
took the Oathes usuall on Such an Occasion; and at
the desire of that councill Summoned another to meet
at this place on the W^ pass'd
The Inclosed addresse or memoriall to nie which
they desire me to lay before your Grace, is what I
belieA'e they Chiefly intended by that meeting, if 1
am rightly informed what is there said to me is tlie
generall sence of the whole or by much the greatest
part of the Province; and the truth of the matters of
fact alleged by them consists with my knowledge.
296 ADMIJSflSTEATlON OP PRESIDENT MORRIS. [1731
If his Majestie should be graciously incHned to com-
ply with their desires, I humbly submit it whether it
would be inconvenient to call the Assembly to try
whether a suitable Support to call raised by them in
case they should be indulged with such a Separate
governour; which perhaps they may now have very
Vigorous resolutions to do in an ample manner, whilst
their desires are strong; and which may fiagg when
they are gratified.
The gentlemen of the Councill dwelling so remote
from each other; and all but two from this place it is
not easie to get a majority of them together.
I find there are very many officers both civill and
military wanting which I shall tiy to supply in the
best manner I can agreeably to his Majesties instruc-
tions and endeavour by my conduct to Approve
myselfe his Majesties faithfuU and loyall subject and
My Lord Your Graces most Obedient
& most humble Servant
Address and Memorial of the Coimcil of New Jersey
to Mr. Morris, their President. [Enclosed in the
foregoin,g letter. \
(From P. R. O. America and West Indies Vol. U>, p- IJJ. 1
To THE HON^:^*' Lewis Mobris Esqf President of
his Majestys Council for the Province of
' In Vol. III. p. ~>85, will be foiinil Colonel Morris' autograph as written earlier in
life. A.t what age he adopted the one given in I he text is not definitel.y known.
He sometimes wrote it larger, but, it is thought, retained the same style the
remainder of his life.— Ed.
1731] ADMINISTRATION OF PRESIDENT MORRIS. 297
New Jersey the address & Memoriall of
the Members of his Majestys said Council
Subscribing the Same.
Sir
The mallancholly Account of the Sudden death of
our late Governour gave us no small concerne but we
are not without reasonable hopes that a person of your
Capacity and great Intrest in this Province will by a
Steady application to the Publick business render the
loss of M'" Montgomerie less grievious then otherwise
it would have been.
And as wee Condole with you for his death so we
congratulate your Accession to the Government and
Shall not be wanting in our best Endeavours to render
it beneficiall to his Majesty's Subjects here (without
derogating from his Royall & Just Prerogative) and
happy and easie to yourself during your Continuance
in the administration of it: and if his Majesty shall not
think it inconsistaut with his Service to Suffer it to
longer then is usuall on such occasions we Shall Esteem
it as a great instance of his Majestys Koyall goodness
& favour unto this Pi-ovince .
The late Governour was pleased to dispence with
your attendance during the Setting of the last Assem-
bly so that you wei-e not present at the many debates
that then were concerning the Government of this
Province by a Governour Separate and distinct from
the person ap])ointed to be Governour of New York,
wliich (by the Consent of the Late Governour) at last
ended in an Address to his Majesty by the Assembly
for such Separate Governour.
Yet the knowledge you have of the Nature and cir-
cumstances of this Province and the long Experience
you have had of the methods of Government both
before and since the Surrender of it to the Crown (your
398 ADMINISTRATION OF PRESIDENT MORRIS. [1T31
having been nigh fourty years concerned in it and for
the most part at the head of the Council during that
time) makes it as we believe impossible for you to be
unacquainted with the Causes that gave rise to those
debates and the reasons which induced tlie Assembly
to make that Address.
The Generall Proprietors who were greatly Inter-
ested in the Propertie of the Soil of this Province did
upon their Surrender of the Government to the Crown
in the year 1702 concieve they were in some measure
entitled to have a governour appointed over this Prov-
ince distinct from the person that was to be Governour
of New York and the making the Same person Gov-
ernor that was also Governour of New York being-
destructive of their Intrest they understood that a dis-
tinct Governour was to be appointed and flattered
themselves with the hopes of it.
And if we are not Misinformed a person was by the
then Queen named for that purpose: But the Lord
Cornbury who had been some time before appointed
Governour of New York (and who had then Actually
departed the Kingdom with a Commission for Gov-
ernour of New York only) did by the Intrest of his
friends at Court Prevail on the Queen to alter her In-
tentions in that point and obtained lettei'S patent con ■
stituting him Governour of this Province also.
The Inhabitants soon found the 111 Effects that was
the consequence of Such an appointment and among
many other things thought blameal)le in his conduct
the then Assembly by their remonstrance to him repre-
sented the inconveniency to this Province of his long
absence from it & residence in the Province of New
York but their Complaints on that head how evei-
reasonable have not been hitherto been attended with
the desired Success nor indeed have we any room to
hope that any person Governour of New York Sup-
ported by the Large Sallary and Numerous Perquisites
1731] ADMINISTRATION OF PRESIDENT MORRIS. 299
of that Government with a Ganison at his Command
& a Sumptuous hcxbitation provided by his Majesty
for his Eesidence with Ease and Splendour will be
easily prevailed upon to have so much self denyall as to
reside for any considerable time amongst us who have
not so great conveniences for his reception and whose
coming into this Province is not only attended with an
Expence to himself but a hazard of suffering some loss
by his absence from New York.
But however convenient the Governoui-s Residence
in New York may be to himself and however imagi-
nary the Supposing of him verry much under the In-
fluence of the Councills of that Province to the Preju-
dice of this may be deemed to be yet that the almost
constant Residence of the Chief Magistrate of any
Country out of the Country to be Governed by him
lias been and alwaies will be Inconvenient and preju-
diciall to that Country we take to be appoint of so clear
and Incontestable truth and So Self Evident as to
make it needless for us to make use of Arguments to
Prove it.
It is but too Notorious a truth that the residence of
the Governours of this Province in New York and
their necessary application to the affairs of that Prov-
ince have so often occasioned almost an intire neglect
or foi'getfullness of the Concerns of this and when
Offices of the Government have beome vacant they
have often been suffered to continue so for along time
or filled with persons unfit for them to the great hurt of
the Country which we perswade ourselves would have
been otherwise had the Governours l)een upon the spot
and taken the advice of the Councill here who dwell-
ing in Several parts of the province must be better ac-
quainted \^ith both men and things then a Governour
Residing in New York can probably be it is no difficult
task to multiply instances of this kind few of the Com-
missions either Civil oi' Military having been renewed
300 ADMIXISTRATIOX OF PRESIDENT MORRIS. [1731
by the late Governour, and Some not Since the Acces-
sion of his present Majesty to the Throne of Great
Brittain whereby Severall of the Courts of Justice
have with great difficulty been kept up and the Militia
in most places remained undisciplined which in case
of an Invasion may be of bad consequence.
The Governours attending on the affairs of New
York hath made it Convenient for him to Summon the
Council to attend him in apart of the Province verry
remote from their habitations that his meeting with
them might be with the greatest ease to himself but
at the Same time could not be done by them but with
great fatigue as well as an Extraordinary Expence
and often wiien the Publick affairs of the Province
make applications to the Governour necessary Such is
the inclemency of the weather in the Winter season
that it is not Seldom Very difficult and dangerous to
apply to him at New York but Some times altogether
impracticable.
The Governours being absent for a year & oftener
for six months has been the Occasion of great Delays
in the Administi'ation of Justice both in Causes de-
pending in Chancery and in those before the Governor
and Council on writs of EiTor to the great impoverish-
ing of the parties who there seek right to have been
necessitated in order to Expedite their business to con-
sent to hearings in Chancery at the City of New York
where at a great Expence and loss of time they have
attended with their C^ouncil for that ])urpose and in
cases of appeals by writs of Error which lye before the
Governour and Council has been in this Province so
seldom is a means of protracting those causes to Such
an Extraordinary length as almost amounts to a deny-
all of Justice and renders the Judgment on which such
appeals are Brought in a manner altogether in-Effec-
tu al.
The Governours Residence in the Province of New
113 1 I ADMIXISTHATIOK OF PI! KSIDENT MOKRIS. 301
York and Expending in that place the Sallaiy raised
by this Province gives a great discouragement to the
raising the necessary Support of the (Tovernnieut the
Inhabitants Conceiving they are not without an equi-
table pi'etence that the Money raised by them Should
circulate in this Province and not be exported to an-
other this they Account in some measure detrimental!
to their trade which being but Small is the less able to
bear any discouragement.
Sir as his Majesty is the Commoii parent of all his
Subjects who are how farr soever remote from his
Royall person Equally the Objects of his Care and
Tenderness so we flatter ourselves that when he is in-
formed how inconvenient and detrimentall it is to this
Province how pi-ejudiciall to his Service to have the
Person Governour of New Jersey that is Governour of
New York his Royall Goodness will be induced to Com-
missionate Some person to be Governor of this Prov-
ince different and distinct from the person that is to
be Governor of New York & we pray that you would
be pleased to lay before one of his Majestys Principal]
Secretaries of State what has been said to you on this
head by Sir
Your very humble Servants
John Amderson
Perth Amboy July IS'.'' 17:{1 John Hamilton
John Parker.
John Johnstone. Jr.
Peter Bakd
Ja Smith
30'.? ADMINISTRATION OF PRKSIDENT MORRIS. [1731
From the Lords of Trade to Governor Montgonierie —
about certain acts of the Assembly of New Jersey.
I From N. Y. Ool. boets., Vol. V, p. 932.)
To Coll: Montgonierie
Sir [Extract.,]
* " ^ " * •" We have considered all tliat you
have urged m your several letters about the paper
cui'rency in New Jersey, for breaking in upon the
Interest, but, we must observe to you, that had not
the Assembly inserted so many prudent and cautious
provisions in the Act which created 40,000£ in paper
currency, both for sinking the Bills, and for prevent-
ing deficiencies, we would have immediately laid that
Act before his Maj'- to be repealed; and as it was upon
the faith of these provisions, which we judged effec-
tual, that we have left the Act lye by, it is not to be
imagined, We can give up any one of them, and no
prejudice can happen to the Province if these Bills, by
the due application of the Interest, should be sunk in
less time than that allowed by the Act for their cm--
rency.
As to what you mention concerning the presence of
the Assembly being requisite at the sinking of these
Interest BiUs, wherein, they refuse to assist, and that
therefore they must lye useless in the Treasurer's
hands, till the Act expires; it is an inconvenience that
arises from their disobedience to a provision in the
Law, and they must be answerable for the conse-
quence.
Having therefore often desired you would propose to
the Assembly the passing an Act to repeal that
entituled: " A.n act for appropriating a part of the
Interest money paid into the '" Treasury bj^ virtue of a
1*31] ADMINISTRATION OF PRESIDENT MORRIS. SOo
law of this Province, to the incidental charges of this
Governm", and '* for subjecting the residue to future
appropriations." As we find the Assembly do not
think pi'oper to comply therewith, we have laid this
last Act before His Maj'" for his disallowance.
The act last past for creating 2(>, (>()(>£ more in paper
Bills, now hes before M' Fane, one of His Maf" Coun-
cil, for his oi)inioii thereupon in point of Law, and as
the same can not take ])lace without His Maj"- " Royal
confirmation, we shall have reason to be cautious, how
we lay that Act before his Majesty for that purpose;
considering how ready your Assembly are, to break
into their own ap]>ropriations. Se we bid you heartily
farewell, and are Your very loving friends
and humble servants
T. Pelham,
Whitehall M. Bladen
July the 21" 17:V1. J. Brudenell.
Richard Partridge, Agent for Neir Jersey, to the
Duke of Newcastle— relating to the desire of the
of the people of Neu- Jersey for a separate Gov-
ernor.
[From P. R. O. America and WVsl Indit-s. Vi.l. XII. p. l.")a.|
To THE Duke of Newcastle.
Since the Death of Col" Montgomery late (tov'. of N.
York & N. Jersie the People of the latter Province
have represented to their President there (besides there
Address to the King before, i the great desire they
have for a Sepai'ate and distinct Govern^ to themselves
& the great inconveniency of being undei- the Gov-
ernour of N. York alledging their reasons foi' it in an
Address to the said Presid- a copy whereof I am
advised from thence they have lately tiansmitted thee.
304 ADMINISTRATION OF PRESIDENT MORRIS. [1731
Wherein they say that the Gen" Proprief' who were
greatly interested in the Property of the Soile of that
Province did upon surrender of the Governing to the
Crown in the Year 1702 Conceive they were in some
measure intituled to have a Gov!' appointed over this
Province distinct from the P'son that was to be Gov-
ernour of N-. York & the making the Same P'son
Governour that was also Gov?" of N: York being
destructive of their Intrest they Understood that a
distinct Governour was to be appointed & flattered
themselves with the hopes of it.
Wherefore (as I apprehend it ray duty) I could do
no less than humbly to request in behalf of the said
People ^3hat the matter may be so represented to the
King as that he could be pleased to Gratifie them
therein by appointing a seperate Governour over the
said Province of New Jersie which will tend to the
encouragement of their Trade, to their satisfaction and
Tranquilities — w*^'' is submitted by
Rich" Partridge
xA-gent for y' said Province
London T'"' 15"' 1731. of New Jersie
Memorial of Richard Partridge to the Lords of
Trade — relating to hills referred for the King\'i
approval.
[From P. R. O. B. T.. New Jersey. Vol. III. E. 64.]
Memorial from M?" Partridge agent for y*' Prov-
ince of New Jersey, praying that several
Acts pass'd there may be laid before y^
King for confirmation.
To the Lords Commiss"^ for Trade & Plantations
The Lords of Comittee of the Council having been
pleased to referr to you my Petition t<.) the King
1731] ADMINISTRATrON OF PRESIDEXT MORRIS. oO;")
relating to several New Jersie Acts which I ])rayd
might have the Royal Assent and confirmation per-
ticnlarly that —
To enable the ftihabitants of the said Colony to Su[)-
port their Governonr, discharge their engagements in
the L(^an office and for releiving their other necessities
by making Cnrrant Twenty Thousand pounds in Bills
of Credit which Act was not to be in force till it has
had the Royal Assent —
Wherefore I humbly intreat you would please to
report upon the said Acts pursuant to the order of
Referrence.
I have yesterday received again advice from the
Speaker of that Province that they are nmch in want
of the above-mentioned Act for emitting a paper Cur-
rantsy: Their Province is Scituated between New
York and Pensilvania and their Paper mony being-
Currant in each, occasions the dispersing it through
the whole and it's scarce a third part of it continues in
their Province so that they found £-i:(>,0()(). was full
little enough to maintain a Currantsey and carry on a
Trade, much the greater part of which (as they write)
is now sunk and the Act which raised it requiring that
those who Borrowed it should pay it in again in the
8ame Specie, put the Borrowei-s under very great
difficulties to pi-ocure it, and those difficulties will
yearly Augment by the sinking of the said Bills —
therefore as well for carrying on our Comerce with
their Neighbours maintaining a trade among them-
selves as to discharge theii- engagements in the Loan
offices a furthei- quantity of mony seems absolutely
necessarv. — all w'' is humblv Submitted
P" Rich" Partkidgk
London the of 7"«'' 11 'M
•n
306 ADMINISTRATION OF PRESIDENT MORRIS. [1731
Memorial from the Felt Makers Company to the Lords
of Tirade — asking that the inhabitants of the
Plantations be required to ivear hats made in
Great Britain.
[From P. R. O. B. T. Plantations General. Vol. IX, M, 3-3.1
To THE Right Honourable the Lords Commis-
sioners FOR Trade and Plantations
The humble Memorial of the Master Wardens
and Assistants of the Company of Felt-
makers of London in behalf of themselves
and all the Hatmakers of Great Brittain^
Most humbly Sheweth
That the making of Hats hath arrived to the great-
est Perfection in Great Brittain And as Trade hath
been by them with Great Diligence and Expence
Settled with the Inhabitants of the Plantations in
America who have heretofore been solely Supplyed
with Hats from hence in Exchange for Beavor Skins
and other the Produce of the said Plantations.
That the Inhabitants of the said Plantac'ons having
Beavor and Provisions considerably Cheaper than in
Great Brittain (not being Chargeable with Custom
1 Under date of Dec. 18th, 1733, Gov. Cosby wrote to the Lords of Trade from
New York: "The Inhabitants here are more lazy and unaetive than the world
generally supposes, and their manufacture extends no farther than what is con-
sumed in tlieir own familys, a few coarse Lindsey Woolseys f or cloathing, and
linen for their own wear. The hatt makeing: trade here seemed to promise to
make the greatest advances to the prejudice of Great Brittain, but that the Parlia-
ment having already taken into consideration, needs no more mention. Whatever
no ,v springs up that may in the least affect and prejudice the Trade or Navigation
of Great Brittain shall be narrowly inspected and annual returns of Your Lord'pps
Queries constantly sent."'- N. Y. Col. Docts., Vol. V, p. 938, About this period a
hat manufactory was established in New Jersey.— Ed.
1731] ADMINISTRATIOX OF PRESIDENT MORHIS. 307
Freight or Hazard of the Seas) hath Induced them to
Set uj) the Manufacture of making Beavor Hats and
to neglect the Business in which they might he more
beneficial to this Kingdom And thereby better Answer
the End of Settling the said Plantations And in Order
to bring the Hat making into greater Perfeccon there
they have procui'ed many of the Artificers of Great
Brittain to go to the said Plantations to w^hom the}'
give Great Rewards And the Persons Setting up the
Trade there take many apprentices for Two Years
only and have large sumes of money with them to
learne them their said Art i
That by reason of the Duty of about Six Pence per
Skin paid in Great Brittain and of Freight and other
Cliarges the Inhabitants of the said Plantations are
enabled to Serve the Foreign Markets & even send
over hats to great Brittain cheaper than the Hat-
makers can make them' by means whereof the said
Trade of hatmaking in Great Brittain now does and
will daily decline And the Navigac'on rendred useless
as to the Importation of such of the Produce of the
said Plantac'ons as were usually sent in Trade for Hats
and the making of Hats with Coney Wool wiU be
extreamly Lessened and several lands in Great Brittain
rendred of little of no Value and the whole Manufactur
of Hatmaking in this Kingdom in Danger of being-
further greatly depressed To the Impoverishment of
many Poor Family s whose Livelihood depends thereon.
Wherefore it is humbly proposed That the Inhabi-
jj, — ^ ^^ tants of the said Plantations may be pre-
seaiof A vented from Wearing or Vending any
„ „ ^, V Hats Save what are of the Manufac-
Feltmakers i
Company. ) turc of Great Brittain which will Increase
* 1 — "^ the Customs and Navigac'on and set to
work great Numbers of Poor Family s and enable the
Hatmakers to revive their said Declining Trade.
308 ADMINISTRATIOX OF PRESIDENT MORRIS. [l?32
Memorial of Thomas Coram to the Lords of Trade —
against any Jaws affecting jjrejudicially the Trade,
Manufactures and Navigation of the Kingdom.
I From P. R, O. B. T. Plantations aeneral, Vol. IX. Jl. :i1.1
To the R^ Hon^'*' the Lords Coimiiissioners For
Trade & Plantations
The Memorial of Thomas Coram mosthumbley Sheweth
That your memorialist most humbley conceives from
the humble Address of the Hon'''' the house of Com-
mons on the 5'" of May last to The King That He
would be Graceoiisly pleased to give Directions to Your
Lordships to prepare a Eeprentation to be laid before
that Hon'''' House in this Session of Parliamen' of the
State of His Majestys Colonys & Plantations in
America with respect to any Laws made, Manufac-
tures Set up & Trade caryd on there, which may affect
the Trade, Navigation and Manufactures of this King-
dome. That every good Subject who has observed
anything in the said Plantations which he believes is,
or may in time become hurtfull to the Trade Naviga-
tion & Manufactures of Great Britain, is in duty
bond to lay the same before this E* Hon''''" Board, es-
pecially since he finds your Lordships ready to receive
any Memorial for the real advantage of the Britisli
Trade & Navigation Wherefore he prays to Say
That the British Plantations in America may by
some good Law or Laws to be made for that Purpose,
be rendered much more usefull <k advantageous to, and
more im'ediatly depending on, Great Britain than
liither to they have been. By effectually hindering the
Colonies falling into our Manufactures especially such
as are the Staj^le of this Kingdome, And encourage
tlieni to Supply us as much as they can with sucli
IT-VZ] ADMIJSriSTKATIOX OF I'llESIDKNT MOKKIS. 309
Coinodities as we are Necessitated to purchase 1 Vuiii
foreigners with our Money.
That great Quantitys of Woolen Manufacturs are
now made in most of the Northern Plantations, wliich
must in Time, if not prevented grow extreamly preju-
dicial to the Manufactures of Great Britain..
Hats are already made in such quantitysrin the said
Plantations that they Export them; and the Importa-
tion of Bever Wool from thence is very much De-
clined.
Shoes are also made there with the Leather of their
own Tanning; in Great aboundance, whereby the ad-
vantages of Tanning as well as that of the Manufac-
turing y' Shoes are lost to this Kingdome. And Sev-
eral other Manufacturs Set up in the said Plantations.
That if those Manufactures are permitted to go on
for some years, it will be very difficult and may be
thought a hardship to Suppress them when very great
Numbers of hands are employd therein, Whereas they
are now but in their Infancy and may be easily re-
strained, or if thought proper, totally prohibited with-
out prejudice to them tho much to the advantage of
this Kingdome
That the Consumption of Linnen of alsorts in all the
Plantations is Amazingly Great, and is Supposed
Vastly to Exceed the Value of all the Woolen Goods
Exported thither | And all such linnen (except some
very Triftie) is the Manufacture of Germany & other
foreign Countrys, and so Consequently at the exporta-
tion of it from hence to the Plantations, Draws back
Most of the Dutys or Customs paid here at the Impor-
tation thereof. The Consequence is, that the Revenue
is so much Lessend as the said Linnen Di-aws Back
And that the Inhabitants of the Plantations liave such
goods much Cheaper than the Inhal)itants of this
Kingdome who even Bear the Burthen & Charge of
Protecting the Plantations
310 ADMINISTRATION OF REESIDENT MORRIS. [1732
It is therefore most humbly proposd to yo'" Lord-
ships
That no Drawback of Customes be allowed on any
foreign Linnen Exported to the Plantations, which
will considerably encrease the Kevenue, and promote
the Exportation of British & Irish Linnen, and which
may be a Means of encouraging the Inhabitants of
Iiiand to keep at home and be Industreous at their
own Manufactures, Doubtless some of the Merchants
or Colonys Agents (in favour of their friends in the
Plantations) would Squeakeout against this, as they
did against the Ropemakers Bill in the later part of
Queen Anne' Reigne, When the English Ropemakers
by their Petition to the Parliament, Prayed for a Law
to prevent the Drawback of any Customes paid on
Importation of foreigne Cordage, from being allowed
on Exportation to the Plantations, to Which vast
quantetys of Dutch & other Foreigne Cordage had
been Constantly Exported for the use of Great num-
bers of Ships built there & Coming there, But the
Parliament Saw fit to pass that Bill into a Law, which
is greatly to the Benefit of the British Ropemakers,
And has thereby encreased the Revenue so much as
the Customes of the Hemp & Tar for the making such
quantities of Cordage amounts to. And no manner of
Evil has accrued thereby, Nither would (as this Memo-
rialist humbley conceive) any Inconveniency arise by
taking off the Drawback of Customes on all such Lin-
nen as shall be Exported to the said Plantations
That several Sorts of East India Goods are prohibited
to be worn in Great Britain, to encourage our own
Manufactures Such goods pay but a small duty at Im-
portation, being all Sent abroad again, Great Quante-
ties of Which are Exported to the British Plantations
where they come Excessive Cheape, and so Conse-
quently interrupt the Consumption of sevei-al British
Manufactures, For Remedy whereof it is humbly Con-
cievd
1732] ■ ADM I NISTUATIOX OF PRESIDENT MOKIHS. ^ 311
That some Eeasonable duty sliould be laid on all such
East India goods Sent to the Plantations, as may bring
them on an Equality at least, with the like Goods
manufactured in Great Britain.
That as to other East India Goods and all other Goods
Whatsoever of foreigne Growth & Manufacture, there
seems no manner of Necessity that the dutys Which
are paid here at Importation should be drawn back
again when such goods are Exported to our Planta-
tions, foi- by that Means those Goods comes Cheaper to
the Inhabitants there than to the Inhabitants of Great
Britain, Which encourages the Consumption of them.
Lessens the Revenue and Discourages some of our own
Manufactures.
That the Plantations can have no just Reason to
Complain of some Regulation like this, since it only
puts them on an Equal footing with this their Mother
Country, For the freight or Carryage of a Tun of
Goods from Great Britain Thither is Generally much
Less than the Land Carryage of the like Goods from
any of our Sea Ports to any of the Midland Countys of
this Kingdome.
The Hand of Jamaica has sometimes had a Trade
with the Spainish Plantations, But for what Quante-
tys of Drawback goods, may best appear by the Col-
lectors Books return'd to the Com'' of the Customes
here; Til that be known, it cannot be guess'd what
prejudice the not allowing Drawbacks, may be to
their Trade, and if any, it may be provided against.
But the rest of the Plantations can have no such
p'tence, What they Import being only for their own
Consumption.
That if the Northern Colonys should think it hard to
be restrained or prohibited their Manufactures of Wool-
en, Hatts, Shoes, Linnen &c. Your Memorialist humbly
conceives it would be advantageous to the Publick for
to allow them Some ample Equivolent by giving them
31"2 ADMINISTRATION OF PRESIDENT MORRIS. [1733
some further encouragement to fall on heartily on
Raising Hemp & Divers other Comoditys, which we
purchas from Foreigners, for a Short Term of years,
and to permit their Whale Firrs: & Oyle to be Imported
here upon the same footing as from Greenland which
would encourage them much to Improve their Fishery
& be acceptable to the Merchants in the said Colonys
and much to the benefit of Great Britain.
And Whereas the Government has at the Publick
Expence purches'd the Province of Carolina with all
the arrears of Quitrent, of the Proprietors, and as
there are at p' sent near a Million & half of acres of the
Land Patented out under a Quitrent of 12 pence for
every hundred Acres, but the Inhabitants having paid
no Quitrent for about -20 years or More past It may be
therefore reasonable to Suppose That this Great arrear
of Quitrent is to be forgiven (which doubtless must be
the Case for the Inhabitants will never be able to pay
it) That Then the future Quitrent may be Established
upon such footing as your L''ships shall judge Equi-
table to advise his Majesty to, with a due Regard for
the Cercumstance of the Province. Would it not
therefore be worthy yo' Lordships Consideration That
the said future (^^uitrent should absolutely be paid in
Hemp fit for the use of His Majestys Navy, to Proper
Officers to be appointed to I'eceive it for that Purpose,
And such of it as should not be applyd for that Service,
to be Sold there for the Defreying the Expence of
Building Forts &c. for tlie Defence of the Province
Which is humbly Conceivd would be as acceptable t*.-
the Inhabitants as usefull to the Crowne, since it
would bring them into the way of Raysing & producing
hemp which would Cost them Nothing l)ut Labour,
Tlie Quiti'ent to be reasonable not above one quarter
of a hundred weight of Good Hemp for every one hun-
dred Acres which would be easy to them and might be
raised by their own home Negi'os Servants without
Vi3i] ADMINISTRATION OF I'K HSI DENT MOKillS. .'il."!
any hinderance to their Faniely buseness. And that
not any of the said Quit-rent, to be applyd for any-
other use, nor he paid in Money on any ])'tence
whatevei- least it should fall or be sunk by any vora-
cious Grovernor, Whereby Nither the Crowne noi' the
Pubhck (who have been at the Expence of purchasing
the Province) nor the Province itself would have any
benefit thereby; This would put the inhabitants there
on raising hemp which they have not hitherto been
prevailed on to Attenii^t, notwithstanding the encour-
agement given by Parliament Anno Dom 17<>4 which
is Still Subsisting, And this would for ever prevent
the Russians from Injuring this Kingdome with Re-
spect to their Hemp, As the Sweds did by their Tar &
Pitch before the said encouragement was given by-
Parliament for Importing Hemp, Tar & Pitch &c.
from our own Plantations They the Sweds Prohibited
any Tar & Pitch from being Exportd but in Sweds
Ships and otherwise raised those Comodeties to a very
Extreordinary & Exorbitant high Pri(;e here, in the
begining of the Reigne of Queen Ann.
There is Annually Importd from the Dominions of
Russia from o()(»() to SOOO Tunns of Hemp, purchasd
with oui- money beside what is had from Poland l)y
way of Dantzick & Coniugsburgh and from othei-
Country s, so that if the Raising — Hemp were dnely
promotd, and some few foreigiie Protestants of Divers
Nations ^ Countrys, were well encouraged to settle in
Carolina They would quickly draw over to them from
each their perticular Country, more of their friends it
would soon become a most Noble Popelous cSl benefi-
cial Country, (Ireatly advantageous to the Crowne,
By Draining of the Inhabitants from foreigne Countrys.
without any Considerable Ex[)ence to this Kingdome,
But greatly to its Advantage, by the Increase of
Trade, Navigation His Majesty's Customes & other-
wise
314 ADMINISTKATTOISI OF PKESIDENT MORRIS. [1732
All which is most humbly p'sented to your Lord-
ships Consideration And if any thing can be found
herein worthy of it, the same will be great Satisfac-
tion to
R' Hon''''^ Lords your Lordships
memorialist & most obedient Ser'
Thomas Coram
London 17"' January 1731-2
President Morris to the Duke of Newcastle — in rela-
tion to the separate Government for Neiv Jersey.
[From P. R. O. America and West Indies, Vol. 12, p. 19.J
New Jersie June 2f 1732.
My Lord.
Upon the death of Governour Montgomerie I trans-
mitted to Your Grace an Account of it from New Jer-
sie with an addi'esse that was made to me by the
Councill there, what I then wrote to your Grace was
Communicated to the Councill which 1 did to remove
any umbrage of Suspition they might possibly have
had, that I was not altogether so sanguine on the Ac-
coi,mt of a seperate Governour as themselves. — it is
very true that a separate Governour is the warm de-
sire of the greatest part of the people; but it is as true
that many are indifferent about it; and those of the
inhabitants in the neighbourhood of New York (which
are not inconsiderable) I believe are against it, and
many of them would rather choose to be anexed to
New York then to be as they are.— The foimdation for
trade in this Province is of the same nature with that
of New York, but the produce it yields is chiefly sent
to New York and Pennsylvania in return for the goods
they are supply 'd with from those places. — They ship
off some wheat & Pipe staves to forreigne markets;
1732] ADMINISTRATION OF PRESIDENT MORRIS. .'315
and this is owing to an act of the Assembly here that
layes a great duty upon those conimodoties if carried
to any of the neighbouring plantations; but this wheat
&c? is chiefly bought by the iniiabitants of New York
who send their Ships down to Jersie to load for y''
transportation of it to f orreign markets the inhabitants
of New Jersie not being as yet capable of doing of it
themselves; but think if they had agovernour of their
own seperate from that of New York many of the
merchants of New York and Pensilvania would be
lay'd under a sort of necessity to come and dwell
among them. — what that may do I cannot tell; but
at present new York and Pensilvania has much the
advantage of them with respect to Trade; and how
farre it may be consistant with his Mties service to In-
dulge them in their desires of a distinct governour is
what I dare not take the liberty of giving any Opinion
of without his Majesties expresse command, — I be-
lieve the persons a[)pointed governours of New York
have when in London thought the addition of the gov-
ernment of New Jersie of much more Valine then they
have foun'' it to be in America; the Expenses of their
attending on it generally Amounting to as much of
the proffits arising from it, and sometimes more; of
which I have heard M!" Montgomerie complaine with
some Acrimony, — The rendring governors and all other
officers intirely dependant on the people is the generall
inclination and endeavour of all the plantations in
America, and nowhere pursued with more Steadinesse
and less decency than in New Jersie, and were they
Indulg'd with a seperate governour before they had
made propper provision for his support and that of the
officers of the government he must be a man of Verry
uncommon abiUities who will be capable of working
them up to their duty. — The Province is divided into
two Divisions the Easterne and the Westerne each of
which while under the Proprietors was a distinct gov^
316 ADMINISTRATION OF PRESIDENT M0RRI8, [1732
ernment, and would be so againe were the inhabitants
to model it according to their own inclinations but in
neither of these is there any house set apart for the
governours reception nor no place but an Inn or tavern
for him to be in. Each of the divisions are desirous of
fixing the governours residence among them which
may possibly be attended with A Suitable provision in
both of them: but it is not unlikely that to defeat each
other, there may be no provision in either; and the
present inconveniency of the want of a house continue
long enough to render a (lovernour not a little uneasie.
— The gentlemen of his Majesties Councill live verry
remote from each other and most of them from either
of the Cajjitals (which consist of about two hundred
houses each taking some out houses into the Account)
and the Assembly could never be prevail'd on to make
any provision for the Expences of their meeting un-
lesse at such times when they attended the meeting of
an assembly and even then but five shillings this
money (which is about three shillings and four pence
sterling P Diem; so that it is allmost impracticable, to
get a sufficient number of them together.
There are two of them dead viz John Hugg of the
western division who dyed before M'" Montgomerie,
and John Johnstone of the the Eastern Division wlio
dyed since; one almost Superanuated viz John Wells
of the w^estern Division. I know not what names M'
Montgomerie has recomended — but I presume to trans-
mit the following to your Grace Viz.
FOR THE WESTERN DIVISION.
Thomas Lambert a quaker he has a verry good es-
tate in that Division and is a leading man among those
people.
John Allen a church man has been a member of
their assemblys is a man of interest among them is
1732] ADMINISTRATION OF PHKSIDENT MORRIS. 317
well affected to the Present Establishment — of good
tenipei- and has alwaies been instrumentall in the ser-
vice of the Government.— John Rodman a quaker a
man of good temper of a good estate in Jersie and
Pensilvania and generally well esteemed both by
(jiiakers and othei's.
Mahlon Stacy' a qnaker has been a member of
their assembly & has a good estate and interest among
the quakers, but has shewn some inclinations to popu-
larity w'^.'' being in the Councill may either take off or
apply to its propper use.
John Dagworthy. he is an honest bold man and
well affected to the Government, is of the church of
England a thriving man and at present high Sherrif of
the country in which he lives.
Richard Smith a Quaker has a good Estate and Es-
teemed a quiet inoffensive person — of these I believe
Mr Montgomerie inchned to reccomend Rodman in the
roome of Hugg deceased.
FOR THE EASTERN DIVISION.
Richard Ashfield a church man one of the generall
proprietors of the soile at present an Inhabitant of
New York.
Andrew Johnston' a church man an inhabitant of
Autograph of Mali Ion Stacy.
plMa^ <3^^^
was born in Perth Amhoy in 1004
ami early in life was enf;aged in
mercantile business in New York.
He was a son of Dr. John John-
stone and inherited most of his
father's proprietary rights, leading
to his becoming at one time Presi-
dent of the Board of Proprietors. He succeeded his fatlier as representative in the
l'ro\incial Assembly from Perth Amboy in 1730. and like him was speaker for sev-
trul sessions. In January n-19 he was chosen Treasurer of the College of New Jer-
318 ADMIN-ISTRATION OF PRESIDENT MORRIS. [1732
Perth Amboy he is a merchant, brother to John John-
ston the councell' lately dead is A modesi good man
and declines all publick Employ.
WiLiJAM Provoost of the dutch Church A mer-
chant, one of the Councill of New York lives some-
times at New York but chiefly resides at his seat in
New Jersie. — Perhaps the greatest part of the inhabi-
tants of New Jersie (were they to be consulted in this
case) would not incline, to have any person concern'd
in their councills y*^ has any interest in New York;
but, since the Assemblies are not without strong in-
clinations, and have not been wanting in their En-
deavours to Cramp the trade of New York; I most
humbly Submit it to his Majesties Judgement whether
it be prejudiciall to his service, to have such persons
who have some interest in New York, or A consider-
able interest in both Provinces to be in the Councill of
New Jersie, as a means to prevent any unreasonable
Endeavours against the trade of New York from hav-
ing their desired Effect; it being sometimes not verry
convenient for A governor, to dissent to Laws he may
dislike.
John Schuyler of the Dutch Church he is a person
of A good Estate son to that Schuyler who own'd the
copper mine and one of the three to whom the mine
was devised by the father.
Henry Leonard a church man, his father was
named of the Councill on the Surrend^ of the govern -
sey. then located at Newark, and held during his life various other offices. He died
June 24th, 17li2, in his sixty-seventh year, then being one of the Governor's Coimcil.
The historian Smith describes him as having "great equality of temper, circum-
spection of conduct, an open, yet grave, engaging mien, much goodness of heart
and many virtues both public and private," and the New York Mercury on notic-
ing his death pronounced him to be "a gentleman of so fair and worthy a charac-
ter, tliat truly to attempt to draw it would be throwing away Jwords." A pencil
sketch of him Ijy John Watson, the old Amboy artist, is in the possession of the
editor. He married Catharine, daughter of Stephanus Van Cortland, of New York,
by whom he had two sons and six daughters.— See Contributions to the Early His-
tory of Perth Amboy.— Ed.
I73;2j ADMlNiSTKATfOK' 01' PltESiT)E>fT MORRIS. .')19
ment but dyed before the Queens letters patent arived :
he is a man of a good Estate and well affected to the
present government. — Gabriel Stelle a church man
A merchant of A good landed Estate and well affected
to the Government, as are all that I have named. — if
I might presume to reccomend any one of these now
named for the Eastern Division to succeed in the place
of the deceased Councellor Johnston it should be Eich-
ard Ashfield the person first named, because being one
of the Generall Proprietors of the Soile one full 24^'' i)art
or shai'e of the Eastern Division belonging to him he
Seems something more Entituled to a Share in the
Government than any of the rest named, but this is
offered with the utmost Submission. — The Militia of
this Province is in a verry bad Condition, the late Act
for the Setlement of it makes the penalties for not
appearing in Arms so Small, that people choose to pay
them rather than appeare, & the Inhabitants here
Seem so little fond of Millitary honour that I can hard-
ly find A man willing to take a millitary Commission
and the Secretary tells me there are Severall bundles
of them lying in the Office made out by W. Mont-
gomerie which remained there during his time because
the persons named would not take them out.
I have been told (but how truly I know not) that I am
under obligations to your Grace for expressing a will-
ingness to reccommend me to his Majestie for the
Government of this Province, in case he had thought
fit to appoint a person distinct from the Governour of
New York for that Post. — Tho' I had not Vanitv to
hope any such favour, nor ambition Enough to put me
upon asking for it— Yet (which I believe your Grace is
unacquainted with) the late Queen Anne was pleas'd
to think I had Some Small share of Merrit; having at
my own no small Expencein the last of King Williams
reigne undertaken a Voyage to England to prevaile on
the Proprietors there, as I had on those here, to be
330 ADMINISTRATION Ol- GOVERNOR COSBY. [1732
willing to Surrender their Government: which was
attended with the desired 8uccesse this government
l)eiiig Surrendred to her Majestie on her Accession to
the Crown, but, I having left England soon after the
Surrender, her majesties kind intentions towards me,
were diverted by the much Superior Interest of the
then Eaiie of Rochester, in favour of his Ne]3hew the
Lord Cornbury, afterwards Eaiie of Glarendar, to
whom was sent letters Patent to new Yorke (of w"''
he was then Governour) for the Government of New
Jersie. — As I had no farther Views than the complat-
ing of that Surrender, what hapned prov'd no disap-
pointment to me: and her Majesties intended favours
engaged me by Affection as well as duty to do all the
little in my Power for her Service.
With this comes what Minutes of Councill the Clerk
had Coppyed and I am not without hopes that his
majestie will be graciously pleased to Approve of my
Conduct being done witli a View of Promoting the
publick good and his Majesties service which shall all-
ways be the Endeavour of
May it please your Grace his Majesties
faithfuU Subject, and Your Graces most
humble and most Obedient Servant
Lewis Morris,
Frovi Governor Cosby' to the Duke of Newcastle.
I From N. Y. Col. Doets.. Vol. V. p. 936. |
New York Ocf^'" y" 26*'^ 1 782
My Lord,
I have y'' honour to acquainte youi' Grace that M'
Smith Secretary of y'' Jarsys dyed last Tuesday was
' Colonel Wm. Cosby was appointed Governor of New York and New Jersey on
tlie death of Gov. Montgomerie. a draft of his commission being submitted for the
approval of the king by the Lords of Trade. February 4th. 1732. — N. Y. Col. Doets..
Vol. V, pp. 933. 9:%.-Ed.
1732] ADMINISTRATION OF GOVERNOR COSBY. 321
seven^ this is reckoned one of y*" most considerable
places belonging to these Provinces; & yett brings inn
noe more than 450£ a year, supposeing that the pos-
sesor it was to doe y*' duty himself, which y** deseased
Gent"""' never did notwithstanding he had it for above
fifteen years, it was executed by two deputies, one foi-
the East division and y*" other for West, the Secretary
himself generally living at Philadelfia, so that y* place
was to him a sinecure. In this way the Deputys gave
him suffitient security, that of y'' East paid him SO" a
year, & that of y*" West payd him, ISO" a year, which
all in sterling money makes about, 170", I have a very
good Character of the Deputys, therefore have con-
tinued them uj)on y'' same footing under my son Billy
whom I have named, untill farther orders from your
Grace, not doubting but that out of your wanted good-
ness and indulgent care of us your Grace will further
be so kind as to give it to him ; besides it will give me
a Uttle more power in that Province then I had which
I doe assui-e your Grace is greatly wanting to Gover-
nors in these parts, for y^ Secretarys and their Deputys
think themseU^es intirely independent of y*" Governers
and allmost act accordingly which is a very great
hindrance to y'' King's affairs, (I doe not spake as to
myself for I make y" right use of M' Clarke he is my
first minister) espetially at this time, since I am sorry
to inform your Grace, that y'' example and spirit of
the Boston people begins to spread amongst these
Colonys In a most prodigious manor, I had more
trouble to manige these people then I could have
imagined, however for this time I have done pritty
well with them; I wish I may come off as well witli
them of y'' Jarsys.
My Lord Augustus is with me, he is of aU y'" young-
people that I have seen the most agreeable and unaf-
fected with y'' finest notions of honesty and honour
backed with a most excelant usefull understanding,
22
333 ADMINISTRATION OF GOVERNOK COSBY. [1732
and if I mistake not will turn out a very clever man.
Grace' and the little family joyns in their humble ser-
vice to your Grace and the Duches, I have sent My
Lady Duc[hes] a live beaver, it will eat frute or roots
of any kinde, it must be keept near y' round or square
ponds.
I am My Lord
Your Grace most obliged and faithful servant
I beg my service to Miss Betty.
From Governor Cosby to the Duke of Newcastle — refer,
ring to changes in the Council of Neiv York.
[From N. Y. Col. Docts., Vol. V, p. 940.1
New York Dec"" 18"^ 1 7:^2.
My Lord,
I could not before this time do myself the honour to
transmitt to Your Grace a particular account of the
affairs of these Provinces, now I have been here above
four months, in which time I have made it my greatest
pleasure as I know it is my Duty to enquire strictly
intt) every circumstance that may any ways contribute
to the honour of the Brittish Nation, the good and
' To what influence William Cosby owed his appointment is not known. He had
been Govei-nor of the island of Minorca, and entered npon liis duties m America
suffering- from the stig:ma of a maladministration of affairs there. He arrived at
New York in September. 17:«, and his career, thougrh brief (as he died March 10th.
173(i), was louK enough to make the people inimical to him.— See Smith's New York:
N. Y. Colonial Docts.. etc.— Ed.
1732] ADMINISTRATION OF GOVERNOR COSBY. 323
safety of Trade in Generall, and welfare of these
Provinces, which by your Grace's goodness to me. 1
have the honour to command.
What principally occurs att present to trouble your
Grace with, is an alteration and filling up some vacan-
cys in the Councils both in the Provinces of New York
and Jersey's, which I beg leave to reccomend to your
Grace's Consideration.
In the Province of New York there is one vacancy
by the death of M' Robert Walters which I pray your
Grace may be supply "d by Henry Lane, Esq', a Gen-
tlemen who was tix'd upon to be reccomended to
succeed him by the late Governour just before his
death, and whom I find since my acquaintance with
him in all respects qualified, if a plentiful fortune,
good senee, and loyalty to His Majesty, will render
him acceptable.
There is also one M' William Provoost who is one of
the Council here, and to whom I am so far from
having any objection, that I should be very sorry to
part with him, were he not to hope for your Grace's
favour to transfer him to the Council in the Jersey's
where there are four vacancys, into which Province he
and his Family ai'e Lately removed, and where his
estate and fortune lyes, in his room I pray that your
Grace would be so good to appoint Daniell Horsman-
den Esq^ a gentleman of unaceptionable Merritt, and
one whose capacity and integrity I am well sattisfyed
I can depend, and who indeed was recommended to
your Grace by M' Perry one of the London MemV)ers,
before I came here: But
There is one James Alexander who I found here
both in New York ct Jerseys Councils, tho : very unfitt
to sitt in either, or indeed to act in any other capacity
where His Majesty's honour and interest are con-
cerned, he is the only man that has given me any
uneasiness since liiy ai-rival, and during the Pivsident
324 ADMIKISTKATIOK OF GOVERNOR COSBY. [1732
Van Dams administration sway'd him in every thing
that was irregular, and since has clog'd and perf)lex'd
every thing with difficultys that related to the Crown,
In that his known very bad character, would be to
long to trouble your Grace with particulars, and stuff 'd
with such tricks and opressions to gross for your Grace
to hear; in his room I desire the favour of your Grace,
to appoint Joseph Warrell Esq' one who was so well
recomended to me by Lord Malpas, before I left Eng-
land that there is little more for me to say in his
behalf that since my acquaintance with him his
behaviour has in every particular confirmed the Char-
acter given by his Lordship, and one whom I can ven-
ture to answer for to your Grace; as to the other three
vacancies in the Jerseys I must beg your Grace will
excuse my recomendation of any one till I go their
my self to meet the Assembly, which will be early in
the spring, being not very well satisfied with those
already spoke of to me, and than will make the utmost
enquiry, that I may be able to nominate proper per-
sons to your Grace;
On the removal of M' James Alexander from the
Council of New York Province I heartily recommend
Cap' William Dick Esq', one of the Captains of the
four independent Companies here, besides his personal
merrit I conceive it highly necessary (with great Sub-
mission) that a Gentleman of that Station should have
the honour of makeing one of the Council, especially
in this Province, their assistance in tlie particular
knowledge of Military affairs being very often wanted,
and I know not any one so capable as the Gentlemen
I last mentioned, I have had long experience of his
good character and he still retains it wherever he is
known, and has a good fortune in the Country & a
favourite of my Lord Stanhope in Spain.
I can assure your Grace, I have no other motives in
recomending these gentlemen but that I am well con
1732] ADMINISTRATION OF GOVERNOR COSBY. 335
vinced as well by personal observation, as the best
information I can make my self master of, that they
are every one of them men of Probity, Loyalty, Great
Fortune and interest in the Country, and indeed every
way qualified to serve their King & Country. I must
beg leave to observe to your Grace that the present
vacancys (with the remove of M' Alexander which I
flatter my self your Grace will think necessary to be
done) render the number of Councellors in both Prov-
inces Very thin, and as many of them live very remote
and some very old, tis with some difficulty I gett a
Council to attend to carry on the Kings necessary
affairs. So that I pray your Grace to endulge me with
your first leisure in appointing the above gentlemen
and shall with great pleasure wait your Graces appro-
bation by letter, as I shall have the honour of all your
Grace's commands. * * * ->^ * *
I am My Lord with all y'' Gratitude
and respect Imaginable Your Graces most obliged
and faithfull hum''*' servant
W. Cosby.
From Governor Cosby to Under-Secretary De LaFaye
— relating to the removal of James Alexander from
the Council of Nevj Jersey.
[From N. Y. Col. Docts., Vol. V, p. Ut2.|
New York Dec. Y" 18*^ 1732
D'.: Sr
The enclosed is an ace* for my Lord Duke, of what has
occur'd to me in relation to the affairs of both Prov-
inces since my arrival to this place, with some changes
in the Councils which I desire and must beg your care
and friendship in getting them done and forwarded,
now I must say something for myself, and beg your
forgiveness for not writeing since ray arrival to this
place, the hurry I was in was the occasion of my not
326 ADMINISTRATION OF GOVERNOR COSBY. [1732
acknowledgeing the many obligations I have to yoii
from the civiHtys you showed me before T left Eng-
land, I flatter myself that from the long Friendship
and acquaintance that has been between us for so
many years, will I do not doubt ^entitle me to the con-
tinuance of favour, without my begging it att this time
of da5^ therefore I shall sometimes trouble you with
my letters, I must particularly recomend to you the
removing M' Alexander, who is in the Council in
the Jerseys as well as this place, I must beg
leave to be more particular to you in his Character
than I have been in his Grace's letter, in the first place
he is very obnoxious to most in the Council, as well as
to every honest man in both Provinces, having y'
Character of a very tricking dishonest man, therefore
very unfitt to sitt in the King's Councills, I enquired
of severall Gentlemen how he came here, they said he
was a schoolmaster on board of one of His Majesty's
ships and was turned out for being a Jacobite, came
here and married a widdow with some money, turn'd
Lawyer and by his tricks and oppressions has made
his fortune upon the ruin of many an honest poor
Body, this is the Character of the Man, therefore tlie
removing of him would be very aggreeable to the peo-
ple of this Country, as well as to the ease of carrying
on His Majesty's affairs, I am extreamly pleased with
your Nephew he is a very pretty fellov/ and we are
very well together, and he is a great favourite with us.
I am to do something essential for him and his sister
Phanney in giving them some tracts of Land, which 1
will do very chearfully, and with a great deal of pleas-
ure, I desire mv service toM' Crow and M'Foi'bes, my
wife and Family gives their service to M" Delafay. 1
also desire mine, wishing you health and all manner of
prosperity as I am very faithfully D' S'
Your very affectionate
& ob^" hunib''^^ Servant
To Charles Delafay Esq"^ W. Cosby.
IT!.')] ADMIXISTIIATION OF (iOVERNOK CO-SIIV. 027
Letter from James Alexander to John Ferdinand
Paris in London.
IFnnu Orijiiiial Draft in Rutherfurd Collection, Vol. I, )>. 158.]
New York March 19^^ 1782--'}
Sir
We begin to feel what you were so kind to acquaint
me of that the hon''.'* Gentleman now our Governoui-
makes Litle Distinction betwixt power & right, of
which he has given Sundry proofs in the Small time
he has been here & one of those occasions the trouble
of this to you
Our Governour having Obtained an instruction from
the King to take half the Salary & perquisites of this
Government from the death of our former Gov' to his
arrival, he to recover it filed an English bill in the
King's name in our Supream Court, Supposing it had
Cognizance in Equity by virtue of Some w^ords in the
Judges Commissions viz to take Cognizance of all pleas
Civil Criminal & [. . f. .] as fully as the Courts of Kings
bench Common pleas & Evchequer at Westminister,
& as the Court of Exchequer at Westminister takes
cognizance in Equity therefore it was concluded our
Supream Court might, and to make the quicker de-
spatch the Gov' with the advice of the Council only
made an ordinance for Sitting from time to time in the
vacation for Despatch of matters in Equity.
To this bill the President of the Council of this prov-
ince w^ho is the Defendent pleaded to the Courts Juris-
diction in Equity for that there was neither prescrip-
tion nor any Legislative act to give it Cognizance
The plea came to hearing on Thursday Last on hear-
ing of which the Chief Justice ^vasof opinion that the
Court could not take cognizance of matters in Equity
328 ADMINISTKATION OF GOVERNOR COSBY. [1T33
seing neither prescription nor Legislative act empow^-
ered the Court.
The Second Judge was of a Contrary opinion & the
third Judge took time to next Court to give his
opinion.
The Chief Justice had yesterday a Message from
the Governour to be dehvered him verbally, but for
fear of Mistake the Chief Justice prevailed on the per-
son who Delivered it to write it Down, & Deliver it to
him, which he did, & which is very abusive telling
him he depended neither upon his Judgment nor in-
tegrity & that he was unfitt to Judge in the Kings
causes & that his manners were impertinent & a good
deal of other Such matter in hard & warm terms
The Chief Justice by name Lewis Morris has for
about 20 years past Executed that office with great in-
tegrity & Satisfaction to all people, he Enjoying that
office now by virtue of his Majesty's order under his
Signet & Sign Manual requireing the Governour to
grant him a Commission under the great Seal of this
province for that office which accordingly was done.
. But this Message with other the Governours general
behaviour gives the Chief Justice reason Sufficient to
Expect that our Governour will Suspend him from his
Said office, & will use his interest at home to have
Such Suspension approved & to Revoke his Majesty's
order aforesaid, or for an order impowering him to
appoint Some other person.
Now the Intent of this is to Request of you in his
behalf forthwitli to take all proper means, that the
Said order be not revoked nor no Suspension of him be
Confirmed nor new order for the office granted, untill
the Chief Justice be heard to Such things as may be
Objected to him.
Cap' Mathew Norris Son of Sir John Norris & Cap'
Vincent Peirce brother to M' Peirce of the Naval office
are both Sons in Law to our Chief Justice, & to whom
1?33] ADMINISTRATION OK (iOVEHNOR COSHY. 329
he now writes on this occasion & who will pay what
moneys you shall have Expended or shall i-equest in
this affair, & Join with you in adviseing what further
Steps may be proper, but as they both are Ca})tains of
men of warr they may possibly be out of town when
the Letters to them arrive, & therefore you are Desired
to neglect no time of useing all proper preventions of
those Designs at once should they be out of town.
Our Chief Justice (Morris) has been for 20 years past
also president of the Council of New Jersey, & as I
formerly requested your Carefull Eye to prevent what
designs might be Ag' him & me as members of that
Council, & ag^ me as a member of the Council of New
York, So I must reiterate the Same request, for we
need doubt of no harm that is in our Governours
power to do us by himself here or by his interest at
home.
I am Sir Your most humble Servant
Ja: Alexander.
From Governor Cosby to the Duke of Neivcastle — refer-
rincj to Lewis Moitis.
IFrom P. R. O. B. T. New York, Vol. XIX. E e, 19, caiul in N. Y. Col. Docts, Vol. V.
p. 0«.l
Letter from Col. Cosby, GoV; of New York —
relating to his having removed M!" Morris
from being Chief Justice of that Province
Reed Novem"" 29: 1733
Burlington Duplicate Ap" 2u'" 1733
My Lord
On my arrival at New York I found M- Lewis Morris
Chief Justice M'- James De Lancey Second Judge &
M'.' Fredrick Phillips the third Judge of the Su]ireme
Court of that Province the two last men of good
330 ADMINISTRATION OF GOVERNOR COSBY. [1733
Characters both as to their understanding and Integ-
rity, but the Chief Justice a man under a Generall
dishke not only for his want of probity but for his
delay of Justice, his excessive pride & his oppression
of the people these things my Lord I have been obliged
to hear without the mention of any one vertue in his
behalf. I have often expected that he would Come to
me as others before him thought it their duty to
former Governoiir's from whence I might have an
oppertunity to tell him of these complaints but whether
it be oweing to his Pride, his folly, or some unaccount-
able humour he has not been once to Visit me since I
have been here and I have no reason to think that any
admonition would have the least Effect upon him or if
it would things are come to that pass that I can no
longer suffer him to sitt upon that Bench. I will
})oint out a few of his faults, and give an Instance to
prove each, that your Grace may see I do not displace
without reason and
First, of his partiality, some years ago y' Dissenters
of the parish of Jamaica in this province brought an
Ejectment against the Church Minister, for the Church
he preached in and was posses'd of, when the tryal
came on the Defi* Council demured to y? PF" Evidence,
Morris the Chief Justice desired them to wave the
demurr-er, telling them that if the Jury found for the
Plaintiff he would grant the Def? a new tryal. the
Defendants Council were very unwilling to do it, but
however knowing the man, and fearing the worst
from him if they refused they did consent, and the
Jury found for the Plaintif the Defendants council
moved the next term (before Judgement) for a new
tryall and urged his promise he denied at first that he
gave any but when they off erd to make oath of it he
said a rash promise ought not to be kept, and never
would grant them a new tryall whereby they lost their
Church and the Dissenters have ever since liad it, its
1733] ADMIKISTRATION OF GOVERNOIt COSBY. 331
talked and believed to, that be was bribed to it, but as
I have had no proof offerd ine, I have made no inquiiy
about it his partiality however is evident
Secondly his delay of Justice the complaints of this
to are the Subjects of every days discourse in term
time especially I will single out one instance onley
wherein not onley his delay but likewise his Injustice
will appear, one Eenselaei' brought his Ejectment
against another man, which the Lawyers tell rae is
done on a feigned lease for a term of years, the cause
proceeded to issue, and a special verdict was found the
points of law were afterwards argued before him att
severall times by Councill on both sides after this they
expected and moved for Judgement term after term
"till the lease whereon the Ejectment was brought was
pretty near expiring then the PI" moved that he would
either give Judgement or enlarge the time of the lease.
But he would do neither, so the lease expired and the
PF'' lost the Benefit of his suit after a tedious attend-
ance and a vast expence.
Thirdly his oppressing the people by giving them a
great deal of trouble and putting them to a fruitless
expence both of time and money in their attendance
on the Courts, the constant method he takes in open-
ing and adjourning the Court he adjourns it to Eight
or nine in the morning but seldome opens it till twelve
one tfe two & sometimes three in the afternoon, tho
the Jurys and others who have busyness are waiting
from the hours adjourned to, not knowing when to
expect him, and fearing to be fined if they happen not
to be there: these Irregular hours proceed from sev-
erall causes, some whereof are his pride in makeing
the world wait his leisure and his intemperate drink-
ing in which he often spends whole nights this he does
in term time in the town of New York, in the Cir-
cuits it is still more intolerable for there these hours of
adjournment and sitting are not onley like those but
332 ADMINISTRATION OF GOVERNOR COSBY. [1733
the people who go forty or fifty miles from their habi-
tations, live at much greater expence and loose more
time and sometimes after Jurys have been summoned,
witnesses, supened partys attended, and all the Jus-
tices of the peace and other officers have gone to the
place appointed for holding these Courts, as by an
ordinance of Morris's own procuring they are directed
and waited there Severall days in expection of the
Chief Justice who then alone was to go the Circuits,
he has not Come to hold the Court I have beared the
demage that one County has sustained by one neglect
of holding the Circuit Courts computed at above two
hundred ])Ounds to remedy in some measure this
grievance the Assembly have since my comeing to the
Goverm' given the second Judge a Salary and now
both the Chief Justice and second Judge are obliged to
go the Circuits or forfeit their Salary besides in some
of the Northern Countys he has neglected going the
Circuit near four years.
I shall now shew him to your Grace in another light
when I had the honour to receive His Majesty's War-
rant I sent M Van Dam a copy and made a demand
of half the Salary and perquisites from Col' Mont-
gomery's death he liaving received the whole as I have
albeady informed you]' Grace, but finding that I was
to expect nothing from him I retained some lawyers
who advised me to direct a Suit to be comenced
against him in the Kings name in the Equity side of
the Exchequer for that the money must be still looked
upon as the Kings mony till I actually received it I
did so and the Attorney Generall haveing exibited his
bill Van Dam pleaded to the Jurisdiction or rather to
the very being of y" Court, and then demurred, this
the Lawyers thought so extraord^' step that they
expected the Judges would at first sight have discussed
it but the Chief Justice being willing it should be
argued the Kings Council in the vacation i^rei^ared
1733] ADMINISTEATION OF GOVERNOR COSBY. 333
themselves to speak to the whole plea but when the
day came on which it was to be argued the Chief Jus-
tice (without askeing the opinion of the other Judges)
directed them to argue onley that part of the plea
which struck at the Jurisdiction of the Court in the
Equity side of the Exchequer the Kings Council
endeavoured to excuse themselves by saying that they
had prepared Mieir argTiment against the whole plea
and that what related to that single point was so
interspersed with the others, that they Could not then
separate them however that would not satisfye him
and they were forced to speak thus unprepared the
Lawyers for Van Dam were under no Surprise for the
Arguments which they had prepared and (according
to the Custom here) wrote down were adapted to that
single point of the Coui'ts holding pleas in Equity and
as if they and Morris had wrote by inspiration they
had no sooner done reading the argument; but he
pulled out of his pocket t a paper to the very same
purpose which he had before hand prepared and wrote,
containing his opinion against the Jurisdiction of the
Court in that point Judge Delancey and Judge Phillips
astonished at what they Saw and heard resolved to
consider the point throughly and to speak to it as soon
as they Could thus ended that day's work, a few days
after Judge Delancey in a very handsome manner and
as the Kings Councill tell me with much Judgeni'
gave his opinion that the Court had power to hold
pleas in Equity M' Phillips the third Judge was not
then ready to give his opinion but on the first day of
the ensuing term he delivered it on the Same side the
question with M' Delancey that the Court had power
to hold pleas in Equity so that two of the three Judges
concurrhig, their opinion is the Opinion of the Court;
however the next day the Chief Justice coineing to
Court (for the day before when M!' Phihips delivered
his opinion he was not tliei-e) he told those two Judges
334 ADMINISTRATION OF GOVERNOR COSBY. [1733
openly and publickly upon the Bench before a numer-
ous audience that their reasons for their opinions were
mean weak and futile, tlio he had neither heard or
seen Judge Phillips's that they were only his Assist-
ants giving them to understand that their opinions or
rather judgements were of no signification but they
resented it very Sharply and Insisted of the Force and
Justice of their opinions and on thteir powers and
authority as Judges of that Court whereupon the Chief
Justice left the Bench saying that by the Grace of God
he would sitt no more there when any matters of
Equity came before them Morris for many years was
ill Effect the Sole Judge of that Court for he had onley
one Joyned with him and he a merchant but a man of
a very mean Cajjacity as I am told all that time Morris
urged the most eminent of the Lawyer's as he does not
scruple to say to comence Suits before him in the
Equity side of the Exchequer which he declined for no
other reason but because he had no Confidence in his
integrity for since that second Judge dyed and M'.'
Delancey and M'" Phillips have been on the Bench he
has no scruple. I shall stop here to make a few
remarkes on this man's behaviour in Causes between
Subject and Subject he has been extreamly dilitory in
the cause between the King and Van Dam he has been
as hasty in the first cause he asks the youngest Judge
and then the Second Judge their opinion but in this of
Van Dam's he delivers his own without askeing theirs
at all doubtless with an intent to Byass or over awe
them Formerly he was for encouraging busyness to be
brought before him in the Equity side of the
Exchequer but now he deny's the Power of the Court
When he was President of the Council of the Jerseys
he held a Court of Chancery now he say's there is no
such Court:
It would be extreamly difficult to account for these
contrary's had he not been President of the Council of
1733] ADMlNISTRATiOX OF GOVERNOR COSBY. 335
the Jerseys at the time of Montgomeries death and
received the whole Salary and perquisites there, but
being under the like cii-cumstances with Van Dam he
expects the like order, and hopeing by his partiality in
Van Dam's case to make that a President in his own
the Mystery is disclosed hence it is that the Lawyers
believe he has not onley advised the pleas but likewise
Van Dam's C^ouncil in pi'eparing their argument
against the Single point of the Jurisdiction of the
Court in matters of Equity and that they likewise saw
his opinion before he read it in Court:
Van Dam's Councill notwithstanding Morris's
opinion expected that the Court would sustain their
powder and there foi'e provided before hand some further
exceptions which the offerd as soon as Judge Phillips
had delivered his opinion the Substance whereof is
that the Governour appearing by the Kings order to be
Intrested in the Event of the Cause and it being in his
power to displace the Judges this suit ought not to pro-
ceed w4iilst that power Exists to these shifts is Van
Dam driven by his Council or rather by Morris Since
every one believes he is at the bottom of them the
Judges however would not admitt of the exceptions
and I think they so palpably reflect upon their Integrity
that they might well have shewn their resentm' more
warmly.
I cannot forbear mentioning a late instance of Mor-
ris's Insolence to one of His Majesty's Council
The Judges as well as the Lawyers not excepting
Van Dams being of opinion that the times of holding
the Supreeme Court at New York and the Circuits in
the Country might be made more Convenient both for
them and the people advised among themselves about
it, having first obtained my leave and thinking it
proper likewise that the power given to Judges by a
former ordinance for appointing Sittings of the Court
of Exchequer out of Term for the (lisi)atch of busyness
336 ADMINISTRATION OF GOVERNOR COSBY. [1733
in the Equity side of that Court should be incerted in
this ordinance the Consulted the Chief Justice upon it
who then made no objection But a day or two after
he had delivered his opinion in Van Dam's Case he
Mett M'' Kenedy one of the Council of the Province
and spoke thus to him M^ Kenedy I tell you and call-
ing upon one or two persons present I desire you will
bear Wittness that I tell M^ Kenedy that such an ordi-
nance will be brought into Councill very soon, it is an
illegal ordinance and I tell you so beforehand that you
may not give into it and what I tell you I shall tell the
rest of the Councill. M'" Kenedy answered it would be
his better way to talk with the Governour about it I
shall see the Governour to day reply'd Morris and I
will tell him so. After this the ordnance was laid
before us and passed unanimously.
I have been as short as possible in my Representa-
tions fearing to trespass much on Your Graces time or
I could have given more Instances of Morris's Injus-
tice partiality and other faults and yet before I part
with him, I shall be obliged to say much more whereby
I believe your Grace will think him undeserving of
any Countenance or office whatsoever.
His son Lewis Morris being one of the Councill be-
haved himself with that Insolence to Coll' Montgomery
that he was obliged to suspend him from his seat att
that Board whereuioon His Majesty displaced him and
appointed another in his room, those Insolent papers
which the Son then read and delivered at the Councill
Board which occasioned his suspension were it seem
drawn by his Father. Sone after my arrivall here the
Son got himself Elected an Assembly man for a Bur-
rough in the room of a deceased member and gave
all the opposition he Could to the measures the house
took to make the Governm' Easy. But when he found
the Revenue biU would pass he endeavoured to Stir up
Contentions and create misunderstandings between
K']') I ADMIXtSTRVTIOy OF GOVEKN'OK nosHV. 337
ine the Council and Assembly, liopeing by these means
to delay the revenue bill if not to defeat it but he failed
in all his attempts, one whereof was to get an Act
passed for Establishing fees, his Father however was
well pleased with his sons behaviour, for being over his
cuj^is one publick day in a large Company, wherein
Some of the leading Men of the Assembly were pres-
ent he took upon him to Condemn their Conduct in
those i:)articulars wherein they had served the Govern -
ment. and opposed his Son, and to direct them in
what Manner they ought to Exert themselves where-
in without doubt he had an eye to the Boston Assem-
bly whose spiritt begins to diffuse it self too much
amongst the other Provinces
Soon after the Chief Justice had read his opinion or
rather argument in Court. I sent to him for a Copy
of it which he said he would Send me and suspecting
that it would not be a true Copy. I sent again to him
the next day to left him know that I ex])ected he
would sign it and Certifye it to be a true Copy he said
he did not know whether he should or not that he
would think of it and from that time I had no expec-
tation of a Copy nor did i give my self any farther
trouble about it since it was not so much his opinion
that 1 took notice of as the time wherein he prepared
and spoke it I shall therefore content my Self at pres-
ent for your Graces observation from what we ct)ald
Collect from his Extraordinary Speech to make a few-
remarks upon it.
His Speech was without doubt at First made to please
the people and by way of appeal to them the things that
he strikes at being such as they by their Representatives
in A.-sembly have made bold attempts against I mean
the Court of Chancery and the Establishing of fees by
the Kings Authority the First of these the Assembly
have at Several times Voted to be against law and the
Council being doubtful! whether the Governoi- alone or
23
338 ADMINISTRATION OF GOVERNOB COSBY. [1733
the Governour and Councill were Judges of that Court
Col' Hunter that he might act without Scruple wrote
to the Board of trade as I am informed who referred
the matter to ft"" Edward Northy then Attorney Gener-
all who gave his opinion that the Governour by the
Custody of the Great Seal of the Province was the sole
Judge of that Court in Consequence whereof he acted
as such all the time of His Government and so have
all the Governours Since, And Morris himself when
President of the Councill of the Jerseys On M"" Mont-
gomeries Death Acted as Chancellor himself and giv-
ing a decree in that Court, but he knows that the peo-
ple of New Yoi'k have a greater dislike to that Court
and for different causes than the people of Jersey in
Jersey, the King has no Quit Rents to Sue for nor are
there any Grants of Land, made there as at New York
the whole province being granted under the great Seal
of England but in New York there have been great
arrears of Quit Rents recovered in the Court of Chan-
cery and all or most of the lands having been granted
by the Governour the people are apprehensive of hav-
ing the Validity of some of those Grants questioned, the
Attempt therefore to distroy that Court is popular. —
That of the fees is not so great an Eyesore, it has
served however on all occasions to add to the Number
of their complaints whenever an assembly has grown
sower, but the people regard it no otherwise then as
they would have the power in their own hands and
they have made some attempts to gett it for in the
year 1700 they passed an act for the Establishing of
fees which was rejected l)y the Queen in the same
year, and orders given to Col' Hunter who was then
appointed Governour of this Province to Establish them
with the advice of the Councill on a reasonable foot
which he did soon after his arrivall by ordinance and
they have continued ever Since on that Establishment
and on the best inquiry I can vnake. I do not find
1733] AnMINISTIJATION" OK (i()\'KKX()T{ ( OSHV. 330
that any complaint has been made to the Govei-nonr
of any Exorbitance of the fees. —
If the Court of Chancery that has hitherto Sub-
sisted could receive its fate from the Breath of this
man why may not the other Courts one After another
be dissolved in like manner, the Court of Exchequer
of which he has been a Judge ever Since he has been
Chief Justice is now given up by him and I don't see
how that can be distroyed and the others preserved his
and the other Judges Co missions Extending to all
alike, but as that would no way serve his present pur-
pose he was carefull not to touch it knowing that the
people would too plainly see their own distruction in
it for nothing less then the utmost confusion must be
the consequence Every Judgement at any time given in
any of those Courts, being of Course to be void and
this perhaps was one reason why he would not at that
time suffer the whole plea to be argued, for it does not
only strike at the Jurisdiction of the Court to heai-
Causes in Equity, but att the very being of the C^ourt,
and the (V)nstitution of the Judges, and consequently
all the Jurisdiction in all its parts.
Bnt the othei- Judges the Attorney Gen" and the
Councill retained for the King in this cause say and
are of opinion his Majesty may Establish any Courts
not repugnant to the Charter or comon Usage of the
Province S- Edw'' 2^orthy gave his o}>inion as to the
Cognisance of the Court of Chancery England what is
at ])res;ent pr<)])osed is not an Ordinance for Establish-
ing a Court of Equity, l)ut for altering the terms or
times for the Sitting of the Court and Circuits and ap-
pointing proper Sittings out of term for the E(|uity side
of the Exchequer and for the dispatch of Bussiness. but
as these aiv questions cSc Disputes foreign to my edu-
cation And way of life I shall not Enter further into
them and have but just hinted at what is said in main-
tenance of the Power of the Coui't. 1 beg leave how-
340 ADMINISTKATIOX OK GOVERXOK COSBY. [1733
ever to say to your Grace that there is an Absoiite
Necessity to insist upon the Kings Just prerogative
especially since the well fare of his Subjects is inter-
worn with it as it is in this case. —
I have said that Morris himself formerly urged the
Lawyers to comence suits in the Equity side of the
Exchequer as a speedier and less expensive way of
detei'mining matters of Equity then in the Court of
Chancery if the Subject can receive a benefitt from
that Court. I am sure it is necessary for the King's
Interest for their the Quit Rents fines forfeitures and
other dues may be sued for and recovered in less time
then in the Court of Chancery for the Governour's
being obliged frequently to meet the Jerzey Assembly
and the five nations of Indians att Albany which take
up a Considerable part of the Year Busyness cannot
be dispatch 'd in Chancery so soon as is • requisite by
means whereof the people have been encouraged to
persion in their neglect of paying their rents and other
dues att such time as they Ought but a Court of Ex-
chequer meeting with none of these interruptions may
in a shorter time determine causes whereby the Quit
rents may be brought into a more regular and Certain
method of payment a thing highly necessary and
which I am endeavouring to putt upon a good foot.
Upon the whole my lord I think it my duty to sn})-
port that Court and to maintain His Majesty's pre-
rogative to the utmost of my power. Especially at a
time where his Just and reasonable Authoi'ity is so
avowedly opposed by Our Neighbours att Boston I
l)erswade my Self that your Grace will approve of my
displacing Morris on this consideration too that it is a
necessary step to prevent the like in this province or
att least to defer other others in Authority from being
Advocates for the Boston Principles it is evident from
what has been Said that the Father on the Bench and
the Son in the Assembly act with the same views they
1733] ADMlNISTRAtlOX OF OOVERNOR COSBY. 341
are men from whom I am to expect the utmost oppo-
sition in the King's affairs & therefore onght to be
crnshed in time I shall no make a few remarks on the
printed paper which is said to be a lettei' to me.
Morris says that the Kings Conncil had liberty to
say what they thought propei- but that is so farr fi-om
the truth that he would not suffer them argue upon
the whole plea which they had prepared themselves
but singled out one point to wdiich alone he confined
them and for which they were not prepared
He says that he thought himself within the duty of
liis office in sending me the message about the Oi'di-
nance but I think rather it would have been his Duty
to have waited till the Governour and Councill had
asked his opinion or att least till the Ordnance had
been passed for if it had been an Ordinance pro-
ceeding from the Governour & Councill without any
application to them from others he could not be sup-
posed to know that wee had any such thing under our
Consideration but the truth is he did know it he was
advised with about it by the other Judges and the Law-
yers before he delivered his opinion in Van Dam's
Case and made no objection to the legality of it but
after he had delivered his opinion he thought it neces-
sary to send that message.
He thinks my answer too warm and jn-oceeding
onley from the opinion he gave on that point of Law
but I believe your Grac^ will think I ought not to have
anything to say to him in Private who had so openly
attacked the Kings prerogative that I could neither
rely upon his integrity depend upon his Judgem- or
opinion nor think him a person fitt to be intrusted
with any concerns relating to the King is too plain
from what I have said above to need any further
reason but he is widely mistaken in supposing it Could
proceed from no other cause but his gi\'eing that
opinion for it was not his opinion but the time the
'.>-i2 ADMrNISTKATrON OF (TOVEltN"OR COSBY. fl?33
manner and the self interrestedness of it that I re-
sented most had he sufferd the Kings Councill to have
argued upon the whole plea as they desired and were
prepared to do and had heard Council on the other side
had he taken time as he allways had done in other
cases before he delivered his opinion or had he not
t)een president of Jerzey and alike circumstanced with
Van Dam his opinion then would have been no othei--
wise Consider'd than his want of Judgement but as he
would not suffer the Kings Councill to deliver their
argument as they had prepare:! them, as he before
hand had wrote down his o^jinion and arguments as
he had read it as soon as the Lawj'ers had done speak-
ing without asking any of the other Judges
there opinion as he thereby attempted to Byass
or overthrow the other Judges, as he told them
they were onley his Assistants thereby render-
ing their authority Contemptible in they eyes of the
people & insinuating that their Judgement or opinions
are of no signification and as his case and Van Dams
are alike ( tho the Kings order with respect to Moi-ris is
not yett come) what less then partiality could I think
him guilty of that I cannot think him fitt to be in-
trusted with the Kings concerns.
The other part of my messauage which taxed him
with shght and Contempt &? he has in some measure
acknowledged by saying that he has nevei' been but
six times in my Company, three of the times he has
mentioned and the last of them somewhat Ironic-ally
if he had mentioned a fourth he would have named all
the times he had been in my Company, and that was
about a frivilous affair att an unseasonable time for
dinner was on my table and my family and some of
the Assembly waited for me. but, I do assure your
Grace he never was once to pay me a Visit no not so
much as to welcome me into the Province the first
time I saw him was when he deliver'd the Publick
Seals of the Jerseys to me which a man of more mod-
1733] ADMIJriSTRATION OF GOVERNOR COSBY. 343
esty would not have mentioned att this time since
this short relation of his behaviour att that time veillbe
little to his advantage; about four days after my arri-
vall att Xew York I went to Amboy to receive the
Seals and to take the oaths expecting to Hnd Morris
there but he was not then come from his plantation tho
I had Sent timely notice I waited till he came and the
Expected (the Councill being assembled) that he would
deliver me the Seals, but I was told that Alexander,
one of the Council of that Province & a Lawyer too was
busy in finishing a decree in Chancery which Morris
had given and I was desired to w^ait till it was done I
then went out and walked before the door of the house
for an houi- or two. some of the Councill discovering
how I was treated and highly resenting it spoke to
Morris about it who said that the decree would soon be
finished but that if the Governour would Affix the
Seal of the Province to it, afterwards he would deliver
the Seals to him but I excused my Self and waited till
Morris had Sealed the decree, this Decree it seems was
given in a very hasty manner and before the Wittnesses
of the other side were examined it was made in favour
of Morris's sons wife or her Sister wherein Morris's par-
tiality is loudly spoken of.
Things are now gone that length that I must either
displace Morris or Sufl'er my Self to be affronted, or
what is still worse see the Kings Authority trampled
on and disrespect & irreverence to it taught from the
Bench to the people by him who by his oath and his
office is obliged to support it this is neither Consistent
with my Duty nor my Inclination to Bear and there-
fore when I return to New York I shall displace him
and make Judge Delancey Chief Justice in his room
and I am perswaded that your Grace will be of opinion
from what I have said that I ought not to Suffer him
to sitt Longer on that Bench and that I may not be
thought singular I will Instance other Governours who
have displaced Chief Justices for nnich less Cause, and
344 ADMINISTKATION OF GOVERNOR COSBY. [1733
I will go no further back then M' Hunter who turned
out M' Mompesson from being Chief Justice of Jersey
ancl made M' Jamison Chief Justice in his room after-
wards Gov' Burnett displaced M' Jamison and ap-
pointed M' Trent, upon M Trents death he api^ointed
M' Hooper and some time after displaced M' Hooper
and appointed M' Farmei' M' Delancey is a person
of a very good Estate as well as of a good chai--
acter and I promise my Self that on my recouiendation
Your Grace will be so good to obtain His Majesty's
Warrant on which a new Comission issues here' Your
Grace remembers how often M Walpole has desired
that I should hold Courts of Equity towards support-
ing the Kings prerogative as well as to recover his
right it being very Seldome done by former Governour's
here as being unpopular has made this madman op-
pose it in this Extraoi-dinary way.
I am My LoitI
[Wm Cosby]
Some extracts from the annexed Letter from Glov-
ern' Cosby relating to Morris & Courts of Equity in
New York.
* * -Ir -J5- * v^
Morris was many years in Effect Sole Judge of the
Exchequer a merchant onley being Joyn'd with him a
man of mean capacity at that time he urged a very
eminent I^awyer to comence Suits before him in the
Equity side of the Exchequer which he declined foi- no
other reason but doubt of Morris's Integrity he having
no Scruple since M' Delancey & M' Phillips's sitting on
that Bench.
' Oil June 2Gth. 1733. FerdinandJolm Paris, as Agent, filed a caveat against Mr.
31orris being removed, or suspended, without a hearing. — Ed.
IT.'J:}] ADNflXISTRATlOX OF aOVKKXOR ( OSRY. 345
The Councill formerly being doubtful! whetlier the
Govern' alone or Governour and Councill were Judge
ill Chancery Coll Hunter that he might act Safely
wrote to the Board of Trade (as I'm informed) the
matter was referred to 8' Edw' Northy then Attorney
Generall. who gave his opinion that the Governour by
the Custody of the (xreat Seal of the Province was the
Sole Judge of that Court in consequence whereof he
acted as such all the time of his Government as every
Governour have since and Morris himself when Presi-
dent of the Councill at Jersey acted on Montgomeries
death as Chancellor and made a Decree.
About four days after my arrivall I went to Amboy
to receive the Seals, and take the oaths expecting Mor-
ris who had notice but was not come, the (Jouncill
l)eing assembled we were told Alexander one of the
Councill and a Lawyer was busy finishing a Decree in
Chancery which Morris had given and I was desired to
wait till it was done I walked before the door an hour
01- two some of the Councill resented the treatment I
met with and Spoke to Morris who said if I wou'd
afterwards affix the Seal to the Decree he won VI
deliver the Seals. I excused myself and waited till
Morris had sealed the Decree this Decree was given
hastily before the Wittnesses were fully examined and
in favour of Morris's Son's wife or her Sister his Par-
tiality in this Decree is complained of.
He strikes at Courts of Equity to please the people
of New York there Eepresentatives Several! times
Voted the Court of Chancery against Law there have-
ing been great arrears of Quit Rents in New York
recovered in Chancery and all or most of the Lands
being granted by Governours the people are apprehen-
sive of haveing the Validity of some of those Grants
questioned whereas in Jersey the King has no Quit
Rents to sue for or Grants of Lands.
Moj-ris once recomended Suits in the Equity side of
346 ADMINISTRATIOX OF GOVERNOR (TOSBY. [1733
the Exchequer, as less expensive and more expeditious
than in Chancery it may therefore be necessary for
the Kings Interest in Case of Quit Rents, Fines, For-
feitures &^ the Govern' being obKged to meet the Jer-
sey Assembly and the Five Indian Nations at Albany
which may hinder dispatch of busyness in Chancery
and has occasioned a Neglect in Peoples paying there
dues whereas a Court of Exchequer meet with none of
these interruptions the Legality of this Court has been
supported by the two other Judges Delancey & Phillips.
Order in Council cqjpointing WiUiwn Provoost one of
the Council of New Jersey.
I From P. R. O. B. T. New Jersey, Vol. Ill, E,74.|
Order in Council approving a Representation of
this Board for appointing W^ Provoost A
Councillor in New Jersey in the room of
John Hugg Dec.'
At the Court at S^ James's
the 10*^ day of May 1788
Present
The Kings most Excellent Majesty
in Councill
Upon reading at the Board a Report of the Right
Hono'ble the Loi'ds of the Committee of Councill for
Plantation Affairs dated the 27 of Last Month in the
words following — Viz'
" Your Majesty ha^dng been pleased by Your Order
" in Council of the 29*" of Last Month to referr unto
"this Connnittee a Representation from the Lords
" Commiss'" for Trade and Plantations setting forth
1?33] ADMfNISTl.'ATIOX OF flOVEUXOI! POSltY. IH?
* ' that John Hugg Esq' lately a Member of Your
•' Majestys Councill in the Provmce of New Jersey is
•'(lead, and William Provoost Esq' hath been i-econi-
" mended to the said Lords Commissioners as a person
"every way Qualihed to serve Your Majesty in that
"Station, and therefore humbly proposing that he
" may be appointed to Supply the said Vacancy — The
"Lords of the Committee in Obedience to your
" Majestys said Order of Reference this day took the
''said Kepresentation into their Consideration Do
"thereupon agree humbly to Report to Your Majesty
"that they have no Objection to Your Majestys
"appointing the said William Provoost to be of Your
'' Majesty's Councill in the said Province of New Jei--
" sey in the Room of the said John Hugg.
His Majesty this day took the said Report into Con-
sideration and was pleased with the Advice of his
Privy Councill to approve thereof, and to order as it is
hereby Ordered that the said William Provoost be
Constituted and Appomted a Member of His Majestys
said Council of New Jersey in the Room of the said
John Hugg deceased; and his Grace the Duke of New^-
castle one of his Majestys Principal Secretarys of
State is to cause the usual Warrant to be prepared for
His Majestys Royall Signature accordingly.
A true Copy
W- Sharpe
Additional Instruction to Governor Coshtj — (idmitting
John Feagrani, Surveyor (reneral of the Custoni.s,
to be one of the Council in Xew Jer.set/.
IFroiii i'. H. t). H. T. New Jerst-y. Vol. XIV. ]k r,[.\
Additional Instruction to Our Trusty & Wel-
beloved William Cosby Esci". Our Captain
General and (jovernor in Chief in and ovca*
348 ADMINISTRATIOK OF GOVERXOR COSBY. [1733
Our Province of Nova Caesarea or New
Jersey in America; or to the Commander
in Chief of Our said Province for the time
being. Given at. [August 8*^ 1733]
Whereas We have thought it for Our Royal Service
that all the Surveyors General of Our Customs in
America for the time being should be admitted to sit
and vote in the respective Councils of the several
Islands and Provinces vi^ithin their Districts as Coun-
cillors extraordinary during the time of their Resi-
dence there; Now We do hereby constitute & appoint
John Peagrum Esq' Surveyor General of Our Customs
in the Northern District of Our Dominions in America,
and the Surveyor General of Our Customs within the
said District for the time being to be Councillors Extra-
ordinary in Our said Province of New Jersey and It is
Our Will and Pleasure that he and they be for the
future admitted to sit and vote in Our said Council as
Councillors Extraordinary during the time of his or
their Residence; It being Our Royal Intention if
through length of time the said John Peagrum or any
other Surveyor General should become 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 Administration of the
Government there, upon the Death or Absence of any
of Our Captains General or Governors in Chief or
Lieutenant Governors; But whenever such Death or
Absence shall happen the Government shall devolve
upon the Councilloi' next in Seniority to the Surveyor
General, unless We should hereafter think it for Our
Royal Service to nominate the said John Peagrum or
any other of Our said Surveyors General, Councillors
in Ordinary in any of Our Governments within their
Survey, who shall not in that case be excluded any
1733] ADMINISTEATIOJS' OF (JOVERXOR COSBY. 349
benefit wliicli attends the Seniority of their Rank in
the Council. It is likewise Our Will and Pleasure;
and you are hereby required, by the first Opportunity
to move the Assembly of (3ur said Province under
your Government, that they provide for the Expence
of making Copies for the said John Peagrum and the
Surveyor General of Our Customs in Our said Province
for the time being of all Acts and Papei'S which bear
any relation to the Duty of his Office, and in the mean-
time You are to give Orders that the said John Pea-
grum, or the Surveyor General for the time being as
aforesaid be allowed a free Insjiection in the Publick
Offices within your Government, of all such Acts and
Papers without Paying any Fee or Reward for the
same Ex"?
From Lewis Morris, Esq., to the Lords of Trade —
cdmid the proceedirKjs of Governor Cosby.
LFrom N. Y. Col. Docts.. Vol. V. p. 051. |
New York. 27. August 17-".a.
Mil Lords,
I do sui)pose that by this convej^ance Your I^ord'''"
will receive from his Excell" our Gov' an account of
his having disi)laced me from being Chief Justice of
this Pi'ovince, with the reasons for his doing of it.
Had he been pleased to have communicated them to
the Councill (which I cannot learne that he has done)
or to myself, I make no doubt, I should have been
able to have answered tl^em to the satisfaction of my
superiors; but since he has not done either, I have but
to much reason to believe that I am displaced for the
gratification of his causeless resentment, for, any just
cause I am sure he has not.
I have been nigh twenty years in that Office; and
350 ADMINISTRATIOX OF GOVERNOR OOSBY. [1733
was i-ecom mended in the first of the late King, by the
then Gov' Hunter to the Board of Trade, to have that
Office given me as some reward, for the faithfull ser-
vices I had done to the Crown in this Govern.*^ and that
Hon^''^ Board thought fit to recommend me to the
King, who was graciously pleased upon that recom-
mendation to conferr that Office upon me, and by his
order in Councill to direct the Gov' to issue a patent
under the seale of this Province for that purpose, and
.his present Majestie on his Accession to the Crown
was also graciously pleased by the like order to direct
my being continued in it.
The Sallary and proffits of the Office was inconsider-
able (not 100 pounds sterhng) when I came to it. 'tis
now not worth above 200 pounds sterl^ and that
increase chiefly owing to the good opinion the General
Assembly was pleased to conceive on my conduct in it.
I am now grown old in the publick service having
been for above forty years ingaged in it in New York
and Jersey.
In the year 1701 I was instrumental (at my own no
small expence) to prevaile on the proprietors of New
Jersie to make a surrender of their Govern' to the
Crown, and I have not been since so ill a servant to
the Govern' as to deserve this treatment from the
GoV, nor so behaved myselfe in my late Station of
Chief Justice as to make my i-emoval at all aggreal)le to
the peo])le. which Your Lord''" on enquiry 1 doubt not
may leai'ue from inditfei-ent persons.
I have not as yet, had any notice from tlie G(jv' of
my being displaced; but the publick voice soon brought
it to me. and a coppy of the following Minute of
Councill which one of my friends procured the next
day assured me of the truth of what was said: Viz' At
a Councill held the 23"' of August I7P>3. Present: his
Excellency, M' Clarke, M' Harrison. Doctor Colden M'
Kenedy M' Delancy— The Gov' delivered in Councill
IT33] ADMINISTRATION OF (JOVERXOR COSBY. 351
to James Delancy Esq'' a commission appointing him
Chief Justice of the province of New York in the room
of Lewis Morris Esq'".'' and also to Frederick Philhpse
Esq''' a Commission ap])ointing: him Second justice
after which thev were sworn into their sevei-all offices.''
Tho' these men were all Officers of the Govern' and
consequently depending on the GoV and fearefull of
speaking their mind, and the last of them Delancy. the
person to whom the Commission was given, makes
but the fifth Man ; yet your Lord'''" may observe that
no advice was asked (even of these Members) whether
such a change was proper to be made; but the Com-
missions were delivered to the persons, and they
sworn accordingly without evei- consulting the Coun-
cill about it who, (had they been ask'd) I believe would
not have advised the doing of it. I being pretty well
assured, that neither Colden, who well knows the
state of this province, noi- Kenedy the Collector, nor I
believe Delancy himself e would have ad\ised the
doing of any such thing. I submitte it to Your Lord'""'
better judgments, whether in this or any such like
case, it had not been more proper, and more agreable
to the meaning of his Maj''"' Instructions to have had
the whole Council present to have given their (opinions,
how fit it was to have made such a change, and to
have liad their reasons for or against the doing of it
entered in the Council B<^()kes, that his Majestie and
his Ministers might have been enabled to judge
whether such a change was for the publick service or
not. If his Excell'- has any reasons better than the
gratification of his own resentment (which I never will
believe Your Lord''" will think to be a good reason)
and doth not communicate them to the Council], it
^^^ll naturally be thouglit they are such as the Councill
are not fit to be trusted with; whether they are, or
not. Your Lord'''" will be able to judge, for I suppose
he will think himselfe obliged to give some, and the
352 ADMINISTRATION OF UOAERNOR COSBY. [1733
stale method of abuse, and calling every man that will
not become the promoter of a Governour's private
views, an Enemy to the Kings prerogative, will not at
this time of day be thought sufficient.
The reasons for displacing a Judge should (in ray
humble opinion) be not only in themselves very good,
but very evident; nothing being more distasteful than
the arbitrary removal of Judges, because every man
that has any thing he calls his own must naturally
think the enjoyment of it very precarious under such
an administration, and our Governour's conduct has
been such as fully to purswade those under his Gov-
ern' that he thinks himselfe above the restraint of any
Rules but those of his own will. I can not tell what
occasioned his difference with me unlesse it w^as an
opinion I gave on a matter in Judgement before me;
the opinion is printed and] comes inclosed. Your
Lord"*'* will see by his message to me the temper of
the Man and Judge of his abilities — My two Brethren
the Second and third Judge (as they are here term'd)
but now made the Chief Justice and Second Judge
differed with me in opinion, their reasons I never could
get in writing, but have inclosed the substance of
them. — Your LordP"' will be able to determine how
farre they are, an answer to what I said : they are as
follows: — viz' Fh-st. that some ])ower to correct the
rigor or supply the defects of the common rule or
measure of justice as essencial to, and coevall with
every well formed Constitution. :^"'' That this power
is not only supposed in the frame of the Common Law
of England, but the power itself is a part of that Law.
8'^ That the common Law of England is the undoubted
birth-right of Englishmen and doth accompany and
follow them into all Colonies or plantations deriv'd
from their Mother C^ountry. 4"' That this is an Eng-
lish Colony or Plantation and therefore the Common
Law extends hither, and consequently by tJiat exten-
1733] ADMIKISTRATION* OF GOVERNOR COSBY. :]oS
sion the power to detennine according to equity dotli
fxtend and must be lodged somewhere — .">"''' That
this power in England was originally lodged in the
Court of Exchequer. (I think my Bretherin are a little
mistaken in this part). <•"''' that the Judges of that
Court have only their nomination from the King, hut
their power and Authority from the Law. 7'- that
the Judges of the Supream Court of this Colony having
by their Commission a designation to the scmie Office,
here that the Judges in the Court of Exchequer have
iu Engl ami, they have therefore by the same law the
sa)iie authority: mhich the King by his conimission,,
can neitJier add to, nor take from tliem. 8'- That
therefore b}^ their Connnission and the Conrmon Lav-
fJiey may proceed and determine according to Equity,
and do not stand m need, of any act of Legislature to
oicihle them so to do,
I think My Lords, the bare recital of some of these
is a sufficient confutation of them, i shall not trouble
Your Lord''"*^ with any remarks upon them, I intend-
ing shortly to print some.
I am very farre from being against a Court of
Exchequer, but. whether such a Court with as large a
jurisdiction as that in England, to dispose of and man-
age his Majesties Revenues here, may be fit and conve-
nient in this Province or in any dependent Govern^
especially so remote as this, is a question too big for
me to enter into; but, with regard to the management
vmder proper regulations and restrictions would be (in
my opinion) for his Maj"''' service and the publick
good. It is not unknown to Your Lord''" that the
Governours of this Province have made gi-ants of very
large tracts of Land, almost as large as provinces, with
reservation of small and inconsiderable rents; andtho'
by an Act of the Assembly of this province passed by
the Eai'le of Bellomount. some of them were resumed,
yet that resumption did not discourage the succeeding
U
354 ADMIKISTRATION OF GOVERNOK COSBY. [1733
(lovernours had for their large if not larger grants
with reservation of as inconsiderable rents; which
grants are still subsisting. Most of the grants made
by him and some of the succeeding Governours have
for their motive chiefly the private profht of the Gov-
ernours, and the gratification of their friends (seldom
the friends of the Govern^ but) the little instruments
(^f their tyranny and oppression, and the tooles to pro-
mote their purposes. The private profitt of the Gov-
ernours arose two ways: 1" by large presents made to
the Governours by the Grantees and 2'"' not only by
large jjresents made but by admitting the Governours
to become sharers in the grants; for which purpose
they made use of the names of some of their friends,
who, after the Patent granted reconveyed to the Gov-
ernours, and no lands were admitted to be granted
unless some of these were to be parties to the Grant.
I am told the present Governour (but how truely I
do"'* know, but believe there is something in it) will
not grant any lands unlesse he comes in for one-third
of them. The lands are purchased from the Natives
by private persons who bid upon each other; and
using the Arts common to Men competitors for the
same thing, render those purchases vastly dearer than
they otherwise would be. The consequence of all this,
is, first, engrossing great Tracts of Land into few
hands '2'"' rend[ r]ing it very difiicult if not impractica-
l^le for any but a certain class of Men to come at them.
.")"' rendring them so dear that when the present to the
Govern" and his share of the lands, the large fees of
the Secretaries Office ettc for the Patent, and the
Indian purchase are deducted, it will not be worth tlie
while even of those few that can come at them, to
meddle with them, there being better lands and much
cheaper to be purchased in Jersie and Pennsylvania
without any reservation of rent or a very small one to
fix the tenure. '
it;}-')] ADMINISTRATIOX OF (U)VEHXOH (JOSBV. 355
These methods have not only liindered the natives of
this proN'ince from seLthng and impioveing it, as they
might have done, had lands heen in fewer hands and
more easilv to be come at; but realv weakened it, bv
necessitating the inhabitants to have recourse to Jersie
and Pennsylvania, and hath been a meanes that con-
tributed very much to the settlement and increase of
those provinces, in proportion to the decrease it made
in this. A Court of Exchequer with proper Officers
for the management and disposition of the King's
lands and rents, all intirely (or as much as may be)
independent on a Gov; will I think prevent this for the
future, if not go a great way to remedy in part what
is passed, which is not to be expected from a Gov'
while the Smuggling Trade of presents from an
Assembly to a Gov' subsists, and which will subsist
until some way is found to make the Governours
believe that the King's Instructions prohibiting taking
any present really mean what the words seem to
import. If I have not been misinformed the disposi-
tion of the lands in Pennsylvania were managed with
good successe by some persons independent of the
Gov' in that point and called Commiss'" of Property,
but this matter is humbly submitted to Youi- Lord''"'
better judgement.
Having just now mentioned presents to a Gov' I
send Your Lord"'" a printed pamphlet concerning a
present made by our Assembly to the present Gov' on
pretence of his stopping the Sugar Bill by his interest
with some Xoble members of the House of Lords.
This he had assurance enough to say, and our Assem-
bly folly enough to beheve. Your Lord""' best know
whether the not communicating of it, to be entered in
the Registers of the Council and Assembly, as he was
by that oi'dei'ed to do, and the taking of £looo present
from the Assembly, which that instruction forbids, be
breaches of it or nut: if thev be^ the consequences
006 -ADMIXISTRATIOX Of GOVERNOR OOSBY. [1738
attending such a conduct will lett the people (of the
Plantations at least) know whether the words of it,
viZ: "on pain of our highest displeasure and of being-
recalled from that our Govern*" — mean what they
naturally seem to import, or not; and accordingly
what judgement is to be formed of many other
Instructions, But, however that happens, tho' he had
not interest enough to stop it, as appears by the Act
being now passed, yet it is under as many obligations
as that 1000 pounds can lay him, to wink at the breach
of it, and may earn his money that way, tho' he could
not deserve it the other.
Your Lord"'^ has seen the reasons above, which
induced our Judges to exercise a jurisdiction in a cause
of Equity, in our Supream Court; here follows a
Judgement given by the third but now Second Judge
in that New Court, upon a denuu-rer which was: P^
That the King has a ])rerogative to sue in what Coui-t
he pleases. :i'"' That this power is not limited to Courts
of Equity for matters of Equity or Courts of Common
Law for matters rehevable at Common Law; but — o"'
lliat the King has a right to sue in Equity for ivhat he'
may he relieved by the Common Law, otherwise he
would have no prerogative or priviledge above his sub-
jects; for they as well as the King, may be relieved in
Equity, for matters of Equity; and in any C*ourt of
Common Law for matters rehevable at Common Law.
The sole authority relied on by the Judge to support
this oj)inion ' ' that in all cases the King might sue in
Equity for what he might be relieved by the Common
Law"'' was what one Greenfield offered in argument as
'tis in the Year book of the 39"' of Hen: <;"' fol: 2ti;
l)efore the Chancellor of that time; which case I doubt
not My Lords, the Judges, or his Maj"" Attor: Gen!
will tell Your Lord'''", does by no means warrant such
a Judgement, and that the Law 'is quite otherwise.
But thus it stands at present here, to the surprise and
1733] ADMlXl!STUATI02s OF 'iOVEKXUK COSUV. 35;
aiimzeiiient of all the Inhabitants of this province, who
tliiiik this Judgement, an intire subversion of all the
Laws and a lying aside the tryall by Juries, in all civil
cases where the King is, or his Gov' (from whom
eveiy thing is to be feared) will please to say he is
concerned, and putting the disposition of their proper-
ties into the sole hands of Judges; who, if they should
not prove proper instruments for a Governour's pur-
poses, may be soon removed as I have been and more
obsequious Men put into their places. What comes
from me. may perhaps have little or no ■ weight at all
with Your Lord""'"; and because of my particular con-
cern may be thought the effects of warmth and resent-
ment for my being removed.
I must conf esse, I have not so little of human nature
as to be without proper resentments, for a treatment
I am not conscious to myselfe of ever having in the
least deserved, or be easie to see those methods of
Govern' take place here, \az' the arbitrary removal of
Judges, that in England is so justly remembered with
the utmost detestation, by every true lover of his
("ountry, and subjects the liberties and properties of
the Inhabitants to the disposition of a Governour, very
much wanting tallents suitable to manage so great a
power with tolerable decency. I am not singular in
this opinion. I thought myselfe bound in duty as
Avell as interest to lay this matter before Your Lord''"''
who are particularly intrusted with plantation affairs,
and I please myself with the hopes tliat Your Lord'"'"
will think it necessary for his Maj'''' honour and ser-
vice, that Justice may be done to the Governour antl
to My Lords
Your Lord'"" most humble and
most obedient servant
Lewis Morris.
Postscript Sept"' 1. 1733.
On the 30"' of last month a supersedeas was sent me,
which was two days before the calling of the Councill
358 ADMINISTRATION OF GOVEKXOR COSBY. [1733
on the 23'''' as appears by the copy of the minutes of
Councill; and from that it is plain, that the Councill
was not consulted; besides I believe I am well
informed, that on the delivery of the Commissions to
the Judges in Councill, that Doctor Colden ask'd the
Gov"" whether the Councill were summoned to be
advised with on that head? if they were, he would
advise against it, as being prejudicial to his Majesties
service; to which the Gov' replyed, he did not, nor
ever intended to consult them about it; he thought fit
to do it, and was not accountable to them; or words to
that effect, I was at my owne house (if I have any
thing I can call my owne) in the Country, about ten
miles from New York when this happened, and have
not been since 100 yards any where from it; but am
told it has created so great a dissatisfaction, that a
more universal one was never known in this part of
the world; of this Your Lord'^P' may be informed if
you please by every body that goes from hence.
The most considerable of the Merchants and inhabi-
tants of the City of New York, have already volunta-
rily signed a testimonial of ray good behaviour in my
Office, during the time that T have been in it, and of
my constant and firm attachment to the present Gov-
ernf and the illustrious Royall Family on the British
Throne, which I am told will be also done by above
nine tenth's of the Inhal^itants of that City, and of
the whole province — Whether they will do it time will
discover, I am sure they can do it with a great deale
of truth, and I believe they will
I humbly beg leave to submit it to Your Lord'''"
Judgement, that I being nominated and appointed by
his Majestie in Councill, tho' not made Chief Justice
of this Province by Patent imder the Great Seale,
whether it be not m a manner tantamount, at least
with respect to the Governour's displacing of me^ and
whether the Goveriiour is not understood to be under
1733] .VDMIXISTKATIOX OF GOVERNOR COSBY. 3.")r>
the same restrictions with respect to the dis})lacing any
person ap])ointed by his Maj'"'' in Councill, as he is
wit]\ respect to the disi)lacing of a patent Officer^ The
nature of my Office, and the concerne his Maj" " sub-
jects inhabiting this province have in it, seemes to
make it reasonable that it should not be altogether
precarious. But this as I have said is offered with the
utmost submission by.
My Lords
Your Lord''" most obedient and
humble Servant
Lewis Morris
Letter fi-oiii James Ale.iander to Robert Hunter.
[From OriKi'ial ('i^l'.v ill Mr. Alexander's hanflwritiiiK in Riithcrfurd CoUectiun.l
New York Nov' « 1 788
May it please your Excellency
I Extract. I
Oiu* Cxovernoui" who came here but last Year has
long agoe given more Distaste to the ]3eople here than
T believe any (lovernour that ever this province bail
during his whole (Tovernment: he was so unhapi)y
before he Came to have the Character in England, tliat
he knew not the Difference between power and right.
& he has by many Im])rudent Action^ Since he came
here, fully Verified that Character, it would be tedious
to give a Detail of them. He has raised such a Spirit
in the peo])le of tliis province that if they cant Con-
vince him yet I believe they will give the world reason
to believe, that they are not easily to be made Slaves of
nor to be governed by Arbitrary power, &, before any
(fovernour jnobably gets any of their money, will have
their libertys & i)ropertys Secured to them by good
laws. Nothing does give a greater lustre to your vV
360 ADMINISTRATION OF GOVERNOR COSBY. [1733
M' Burnetts Administrations here than the being Suc-
ceeded by Such a man.
We Extreamly want a good and nimble piinter
which if we had he would Soon appear from the press
in his proper Colours, but Such as our press is it will
be kept employed * "■ * * * *
Inclosed is also the first of a News paper designed to
be Continued Weekly, & Chiefly to Expose him &
those ridiculous flatteiies with which M- Harrison
loads our othei- News paper: which our Governour
Claims & has the priviledge of Sufi'ering nothing to
be in but what he and M' Harrison approve of
M'- Vandam is resolved and by far the greatest part
of the province openly approve his resolution, of not
Yielding to the Governours Demand of him, he has
not as Yet Answered, nor will the Governours lawyers
be able for one while to Compell him unless they
break over all Law, & perswade the new Judges into a
contradiction of themselves, which if they do the
world shfdl know it from the press "■' " "*
Begging })ardon for my Tediousness I remain with
gratitude & regard Your Excellencys most Obliged
and most Obedient Servant
Ja Alexandek
Letter from James Alexander to Mr. Secretary
Popple.
I From Copy in Mr. Alexander's wriring in Rutherfurd Collection. Vol. I. p. 167.]
New Y^ork Dec'" 4*'^ 1 788
SI-
I am so sensible how piecious your time is to you &
what reason you have to be afraid of an impertinent
coirespondent that I have hitherto delayed Acknowl-
edging the honour you did me by yours of ffeb"^.-^ 1781-2
1733] ADMINISTRATION OK (.OVKKXOK (OSBY, 'MM
&, of the invitation you gave me of Writeing Some-
times to you till now that I think the Subject of my
letter will excuse the trouble of reading it.
Our present Go vernour at his Arrival found the Peo-
))le in as good disposition as he could wish the Assem-
bly readily granted the Support for as long a time &
as largely as ever it had been done for any Governour
& Added a present of a Thousand Pound. Our Party
Differences seemed over & every thing Seem'd to
promise an easier Admin." than any Govr had ever
met with in this place but the quite Contrary has hap-
pened. I believe yon will be pleased to have Some
Account of this Change in a different mamier from
Avhat they w^ill perhaps be laid before you in Your
Office. The fii'st disgust arose from a kind of State he
Used in receiving all Addresses whether of Civility or
busness different from what the People had been used
to even when they had persons of the first Rank for
their GoA^ernours But the great Differences took their
Rise from the Instruction he had to receive half the
Salary and Perquisites f roin Gov'. Montgomeries Death
to his own Arrival The President had received the
whole and Conceived he had a right to it and there-
fore refused to pay unless compell'd by due Course of
Law The Gov', did not think Proper to Trust his Cause
in the Courts of Common Law, but erected a New
Court of Equity by Ordinance in the Supreani Court
under the name of the Equity Side of the Exchequer
& in this Court the President was Sued in the Attorney
iien^^ name The Piesid- excepted to the Jurisdiction
The Cheif Justice was of Opinion that no Court of
Equity could be Erected without the Consent of the
Avhole Legislature but the Puisne Judges declared their
Opinion that this Court of Equity in NeAv York was
established by the Common law of England & would
not Suffer the Presid^.** Council to Argue their Plea
The Gov'' Sent a threatening Message to the Chief Jus-
362 ADMIXISTUATION' OF (JOVERNOK COSBY. [1?33
tice in which his integrity was call'd in question lie
Defended himself in Print and refused to Sit while the
Court proceeded in a course of Equity The Presid* then
Added a further exception to the Persons of the Judges
as being under the Influence of tlie Gov'.' w''" the
Judges would not receive or suffer to be read The
President likewise Demurred to the Equity of the bill
the Puisne Judge Declared his opinions that the King-
can Sue in a Court of Equity, for a matter tryable
at Common Law ct (Overrule the Denmrrer The Peo-
ple look upon the first Opinion of the Puisne Judges to
be Ridiculous & that the Second is Eversive of the
Constitution After this the Gov'' without Advice of
the Council removed the Cheif Justice and put the
Second Judge in his Room and the third Judge he
made Second without Appointing a third The People
think their liberty and property to be Precarious if
Courts can be Arbitrarily Erected with discretional
powers not Subjected to the Controul of any other
Court So likewise if the Judges be Arbitrarily removed
& others Arbitrarily appointed & the number of the
Judges arbitrarily Diminished or ..{'().. & that
of Course all other Officers must intirely Depend upon
the Will of a Gov! The late Cheif Justice had been in
that Office near twenty Years as to his integrity &
Skill in the law had Established his Character as much
01- more than any Judge in America ever did The
Puisne Judges now Cheif Justice & SecondJudge are
both Young men of no Experience or Practice in the
Law & the Second Judge has no Pretence to any kind of
Learning The Councill is Seldom CalFd & when call'd
Some Particular members are never Summoned. This
make the People think that they have no Security
from the Council because if the Gov! can induce but
three of the twelve to be of his mind he makes a
Majority of a Quorum & this is Esteemed the Advice
and Consent of the Council by this means the Opinion
1733J ADMINISTRATION- OF (iOVI':ilNM)H TOSIW. 363
of the Council has httle weight with the Peoi)le The
Ctov'^ reinoveing' the Oheif Justice without the Consent
of Council makes People think that he could not find
three that would Consent to it. ' The People likewise
think that they have lost the Security of his Majesty's
instructions to his Gov' in which they formerly trusted
it being now Openly x\dvanced and is a favouiite
Opinion that the Instructions are only a private Rule
to the Gov!" which no ])erson is to inquire into & that
all his Acts within the Genl' PoAvers of his Commis-
sion are good howeA'ei- Contrary they be to his Insti'uc-
tions The Gov? refusing to grant any Lands without
a thii'd being Secured to himself Adds to the Com-
plaints and is of 111 Consequence to the Settling of
the Country but the Appointing Indigent P' sons Sher-
iffs Strangers to the People more Especially increases
the fears of Arbitrary Designs Many other things have
Concurred to Exaspeiate the Peoples minds more than
you can think could |)ossibly happen in a first Years
Admin**" but as they are of less General Concern I
pass them over They have had this Extreme bad
Effect that they have So Rivetted an Opinion in the
peoi)les minds that the Gov' is only come for Plunder
that it will be very Difficult for him to removo it t^
the Succeeding GovP will find the Effects of it. The
Assembly met this fall but as soon as the Gov'." found
' Under the same date in a letter to Alderman Perry Mr. Alexander wrote ""Tliis
lie did without the Advice or Consent of his Majesty's Council tho by the King's in-
structions he is directed not to remove or Appoint any .Judge without their Advice
or Consent. This makes People think he could not find three hi the Council that
would Consent for as this Governour has iutioduced a new & dangerous Practice
of Calling only Such of the Coimcil that he thinks fit and as live make a Corum if
he could have got l)ut 8 to have Consented he could have Claim'd th'- Advice &
Consent of the C<Jimcil However for what reasons 1 know not he thought proper to
declare the appointment in Council & deliv'd the Judges their Commissions there I
happen'd to be present & I declar'd my Dissent the rest kept Silent none were
present but such as had Ofilices in the Covernm't * * « j Ik^UI some Offices
of more trust than profit hut which an- UsefuU to my family and I cannot help
fearing that there may be private Attempts to remove me in England I design to
write to Mr. Paris to Guai-d against them & I hope he may have timely Notice"—
Original draft in Mr. Alexander's handwriting in Rutherfurd Collection, p. 169.— Ed,
364 ADMINISTRATIOX OF GOVERXOR COSBY. [1733
their Tempers they were Adjourned So that he has
lost an Assembly likewise which at his first comeing
was the most Obsequious that ever a Gov'.' met. The
People of this Province have deservedly gained the
Character of being as easily Governed as any in the
Kings Dominions They are generally Industrious the
greatest Number of them Dutch they Seldom trouble
their heads with Politicks but Such people generally
are the most Violent when they Apprehend their lib-
ertys & propertys to be in danger & indeed we were
once afraid of their breaking out into open Violence.
I am as little Concerned in the present Differences as
it is possible for me in my Station to be I found that I
was not Capable of doing good & retired to the Coun-
try where I continue I hear what Passes & I cannot
help forming a Judgment within my Self and from
this I think it my Duty to inform you what passes
but I w^rite to you only, in your private Capacity Pre-
sumeing to take the liberty of a friend and that you
may take no further Notice of what I write than what
in Your Prudence You Shall think proper You see
what Confidence I put in you & I wish you ma}^ think
that I deserve it If in any thing I can be usefull to
you in America it will give me the greatest Pleasure
to have your Commands, for I earnestly Wish to be
Esteemed by you as
S' Your most humble
& Obedient Serv'
Ja: Alexander —
From Governor Co.'ib// to the Lords of Trade — frans-
mitting cerfni)i Acts of the Netr Jerse// Assembly.
[From P. R. O. B. T., New Jersey, Vol. IV, F, 1.]
Letter from Col° Cosby, to the Board, transmit-
ting Six Acts passYl at New Jersey in 1738,
1734] ADMIXISTRATFOX OF OOVERXOR COSBY. 3fi5
& reconimendiiig three Persons to supply
Vacancies in the Council of that Province.
Rec/' Aug. 18'" 1784
New York June the 1 7*!' 1 7 .'54
My Lords
I do my self the honour of Sending Your Lordships
b}' Cap! Smith Commander of the Beaver The six fol-
lowing acts Passed in last Asseml)ly of the Province of
New Jersey. I assure Your Lordships this is the fiist
oppertunity I had of transmitting them since they
were sent to me engrossed. [Bills numbers 1 to 5
omitted as of no moment. ]
N? () An Act for makeing Forty Thousand Pounds
in bills of Creditt
I must beg leave to remark to youi* Lordships in
respect to the act last mentioned, that tho' there were
great variety of opinions amongst the Members of the
Assembly as to the sum and manner of Striking new
bills of Creditt, they unanimously agreed that there
was a necessity for the doing of it, in some shape or
other, I represented to them in the strongest mannei-
I could how lately they had renewed their C^irrency,
and the difficulty I had in procuring it for thein, how-
ever I must say they do labour under great liardships
for want of Paper money, Upon the whole it was
sti'ongly Pressed on all sides that I could not avoid
Passing it & as on the one hand I shall always Think
it right to do all in my Power for the advancement of
their trade and to make the Province Easy, I shall on
the other Pay the utmost difference to Yoiu- Lordships
Judgment & consideration hoNA' Fan- this |)articular
circumstance will contribute to it; My Lords as there
is three Vacancys now in His Majesties Council of the
Jersey's I beg leave to recommend to your Lordship's
that you would be so good to fill up & give Commis-
366 ADMliSISTUATION OF GOVER^fOR COSBY. [1734
sion to the following Gentlemen namely, Thomas
Farmer, John Eodman, and Richard Smith who are
very much Esteemed in this CVxmtry from their wortli
honest Character as well as great Estate & every way
qualified to serve his Majesty in that Station'
I am My Lords with the greatest Respect innnaginable
Your Lordshipps most obedient and
Faithfull humble Servant
W Cosby
Reasons of (xoveriior Williain Cosby for removing
Chief Justice Lewis Morris.
IB'roiii N. Y. Col. Docts.. Vol. VI. p. 8.j
I
Reasons given by Colonel William Cosby for
removing M'' Lewis Morris from the Place
of Chief Justice of the Supreme Court of
the Province of New York 19. June 1734.
Before I mention my reasons for removing liini, I
beg leave to acquaint you witli the causes that induced
me soon after my arrival here to inquire into his
character; one is, that when I went to New Jersey, to
take the oaths as by his Majesties Instructions I am
directed, and receive from M' Moi-ris who was presi-
dent of the Council the publick seals, he made me wait
some hours walking hefoi-e the door of the Council
room before he would deliver the Seals to me, being all
that while busy in having a decree drawn up, which
he had given exparte in a cause in the Court of Chan-
ceiT, tho' he himself had never taken the oath of a
' Under date of August 22d the Lords of Trade, ackuowledgiug the receipt of tliis
letter, say: "As you have not informed us who these Councillors are, that make
the said Vacancys. we cannot propose them to be filled up, till we hear again from
you."— Ed.
11 ."54] ADMIXISTl! ATION OF ftOVETJNOU COSUY. 3C'
Chancellor. Another is, that the day I arrived at
New York, young Lewis Morris son to the late Chief
Justice did before it was known that I was so near at
hand, present a petition to the president and Council
for an ordinance to adjourn the Circuit Court of
Albany foi- some short term because his Father being
then President of the Council of Jersey waited to
deliver up the seals to me, who was then expected;
the petition was gi-anted, the.oi-dinance passed as he
desired and yet M' Mon-is did not go and hold that
Circuit Court which was loudly (;om]:)lained of and
soon reached my ears.
My reasons for removal of M' Lewis Morris from
the place of Chief Justice were:
On account of his notorious pai-tiality in the admin-
istration <^f Justice of \^■hich are the following-
instances: Some years since the dissenters in the
parish of Jamaica in this Province brought an eject-
ment against the Church of Engl'' Minister, for the
Church he preached in and was possessed of, when the
tryall came on, the defendant's Council dennirred to
the ])laintifs evidence. M' ]\loi-ris the Chief Justice
desired them to wave the demurrer, telling them, that
if the Jury found for the plaintif he would grant the
Defendants a new Tryall. The Defei;id'- Council were
very unwilling to do it, but fearing the worst if they
recused, they did ccmsent and the Jury found foi' the
])laintif. The Defend'^ Council moved the next term
before Judgment for a new tryall and urged his
promise, he denyed at first that he gave any, l)ut when
they offered to make oath of it. he said, a rash promise
ought not to be kept, and never would grant them a
new Tryall; whereby they lost their Church and the
Dissenters have ever since had it Another instance
of his partiality is this: In 1712, the Town of West-
chester conveyed to the late Chief Justice and (xeorge
Clarke Esq"' half of their midivided lands. Jacobus
308 ADMIN [STRATION OF ftOVEKNOR COSBY. [173o
van Coiii'tland and others, claiming part of these lands
(so conveyed to Morris and Clarke) went to survey
them; the people of Westchester hearing of it, applyed
as is said to Morris for advice, be that as it will, they
got the Sheriff and two Justices of the Peace viz* one
Hunt, and one Bayly, both freeholders of Westchester,
under whom Morris claimed to go on the spot and
their finding Courtland and his partners surveying ; ■
they fined them for Rioters and committed them to
prison. Courtland upon this brings his action against
Hunt and Baily; on the tryal the Defend'" Council
demurred, the plaintif's Council Joined in demurrer
and some considerable time after, the demurrer being
first argued on both sides, Morris, who was then Chief
Justice and M' Walter a Merchant the Second Judge,
gave Judgments for the Defendants, thus in effect
Morris was Judge in his own cause.
A flagrant trespass committed by him and an
instance of the dread the people had of his power,
when he was Chief Justice, I beg leave to lay before
you in a letter from M' Jamison a Lawyer of this
Town, of good repute having been formerly Chief
Justice of New Jersey and Attorney General of this
Province, till he was displaced by Gov' Burnet; his
great delay of Justice in oppressing the people and
suitors by giveing them a great deal of trouble and
putting them to a fruitless expence both of time and
money, in their attendance of the Courts; for tho' he
constantly adjourned the Courts to eight or nine in
the morning, yet he was seldom sitting 'till twelve,
one, or two, and sometimes [the Lawyers] are waiting
from the hours adjourned to, not knowing when to
expect him, and fearing to be fined if they happen
not to be there, and it is with great concern I am laid
uiider a necessity of informing you, that I can not
help imputing those irregular hours in his sittings
among several others to his pride in making the world
17;U] ADMIXISTRATIOX OF GOVKHXOK COSm'. IJC!)
waite his leisure, and his intemperate chinking in
which he often spends whole nights. This was his
behaviour in term time in the Town of New York, but
in the Circuits it was still more intolerable, for there
his hours of adjournment and sitting were not only
like those in Town, but after the Justices of the Peace
who by ordinance were obhged to attend him, while
he was in the Counties, and other people who attend
on these occasions have come to the place where the
assizes were appointed to be held, many of whom came
forty or fifty miles from their habitations, and some-
times even after Juries have been summoned, wit-
nesses subpeaned, parties attended and the Justices of
the peace and other Officers have gone to the place
appointed for holding the Circuit Courts, as by
an ordinance they are directed, and have waited
there several days in expectation of the Chief Justice,
who then alone was to go the Circuits, he has not
come to hold the Court tho' in health and able to have
done it, and I beg leave to inform you, that the dam-
age that one County viz* that of Albany sustained by
one neglect of M' Morris's holding the Circuit Court
was computed at about two hundred pounds. I shovdd
tire you, should I enter further into the particulars of
his behaviour on the Cii'cuits; two hoAvever I beg
leave to mention. Once going to Albany he delayed
his time so long that he had much ado to reach the
nearest part of the County on the day which by the
ordinance it was to be opened, but getting Just within
the borders, he opened the Court and adjourned it to
the City of Albany the next day, whether [whither^]
he went, and there again opened and adjourned to tlie
next day being the third; on that day likewise he
opened it but doubting whether the first opening and
adjournment was regular, he left the Bench without
doing any business, and yet all this time the Magis-
trates of the County, Jurymen, Suitors, and witiiesses
26
370 ADMINISTRATION OP GOVERNOR COSBY. [1734
were obliged to attend to their great expence and loss
of time. The other was in tlie same Comity, but at
another time, M' Morris having opened the Court he
adjourned it according to his custome to the next
morning, but sitting up all that night and drinking
hard he lay a bed all the next day till near sunsett,
when the people growing more uneasy at his delays,
some of his friends or his servants awaked him, he got
up and Company being admitted into his Chamber, he
asked what hour it was, they answered almost night;
how can that be, said the Chief Justice, the sun is but
Just risen, and saying so he took up his Fiddle and
played the Company a tune. These two particulars I
assure you I had from some of the Lawyers, who were
there at the times and from several other persons of
good Credit, the County was very uneasy, but not
knowing how to get redress wei'e obliged to bear it,
and in several of the Counties he has neglected to go
the Ch-cuits for many years, tho his Salary for that
very service was in 1Y15 augmented fi'om 130 to 300
pounds a year; that such neglects (especially that of
Albany in 1732) were very expensive and inconvenient
to the Counties in General as well as to those, who had
causes to be tryed: the Petition of M' Morris's own
son for adjourning the Circuit Court of Albany, will
testifye, and tho' the cause for adjourning that circuit
Court ceased on my arrival here, the very day the
Petition was read and the ordinance issued, yet M'
Morris neglected to go and hold it without acquainting
me with it, or since giving me any reason for such his
neglect; tho' the clamour of the people were very loud
on that occasion, besides young M'' Morris's petition,
the certificates of the Att: Gen' and of Clerks of the
Supreme Court, and M'' Garrisons affidavit, will be
laid before you, whereby his great delay of Justice,
his brow beating, and other ill treatment, of his
jyj^jties ^^^. Q.g^i jj-, ^Yie execution of his duty, and the
1734J ADMINISTRATIOX OF GOVERNOR C08KY. 371
great difficulty the Sheriff of a County had to summon
a Jury, from the terror the people were under of being
unnecessarily and unreasonably detained by him from
their habitations and business, at a vast expence, will
appear very fully. —
And here I beg leave to acquaint you, that M"^ Mor-
ris was under an obligation to go the Circuits, which
his predecessors were not in 1H91, a salai-y of 130
pounds a year was established by the Gov' and Coun-
cil on the Chief Justice of this Province, and so con-
tinued till 1715, during which time try alls were had at
Barr, but in 1715 the Assembly (finding that as the
Country grew populous, those try alls multiplied, and
that there would be frequent occasions for Courts of
Oyer and terminer in the Counties) resolved to aug-
ment his Salary to £800 a year for going the Circuits,
and this addition, I am informed was strongly solicited
by M'" Morris himself, he being then Chief Justice, and
a Member of that Assembly; on this foot the Salary
continued till 1726, when the Assembly struck off by
their resolves 50 pounds a year of the 300£: however
M' Burnet the then Gov' drew for his salary at the
rate of 300 pounds a year; in 1728, the Assembly on
their then settlement of the Revenue voted but 250
pounds a year for the Chief Justices salary, and Coll:
Montgomerie issued warrants for no more than the 250
pounds a year; this gave rise to some insolent papers
read and delivered in Council by M'' Morris's son then a
a Councellor, for which Gov' Montgomerie suspended
hin], and his present Maj'"' was i)leased to dismiss him
from his seat at that Board and to appoint another in
his room, yet all this did not bring M' Morris to a
sence of his duty, so that the Assembly in 1 7;>2 finding
their former resolves ineffectual, and considering the
great advantage of having the Circuits duly attended,
voted 150 pounds a year to the Chief Justice for hold-
ing the Supream Court in New York four times a year,
372 ADMINISTEATION OF GOVERNOK COSBY, [1734
and 150 pounds a year for going the Circuits, provided
he should do it yearly in the several Counties, at the
appointed times; hence it appears how much they had
the Circuits at heart, for the Assembly in 1Y26. made
the poverty of the province a pretence for their taking
of 50 pounds a year from his salary, and thus had
hopes, that so mild a treatment, would have changed
his conduct, yet the resolves of 1732 shewed that they
looked upon the benefit of having the Circuits duly
attended, more than equivalent to his holding the
Courts at the four terms in New York, for they gave
the Second Judge 75 pounds a year too, for going the
Circuits, for which there was never any provision
before. * ■"" * * * *
I beg leave further to acquaint you, that being-
informed, that M' Morris in the argument he had read
[as to the power of his Court to hold pleas in Equity,
which he denied] had used many expressions deroga-
tory of his Maj''"" Royal prerogative, I thought it my
duty to send to him for a copy of it, and that he would
sign it, and certifye it to be a true copy; to which he
returned me for answer, that he did not know whether
he should or not, that he would think of it; but instead
of complying with my request he soon after printed
and pubUshed his said argument, with a letter by way
of introduction and conclusion to me, which he very
diligently and industriously caused to be dispersed
over the whole province, one of which I beg leave to
inclose to you. The printing and publishing of which
as it was in effect appealing to the people against the
Judgement of that Court where he presided, and was
in effect arraigning the Judgement of the two other
Judges of the Court was, what in my apprehension
might be attended with very improper consequences,
and be introductive of very great inconveniencys as in
truth it has, and tho M'" Morris in the latter part of
this libellous pamphlet, for so I humbly conceive it
173-1: 1 VOMIKISTRATrON OF GOVERNTOU COSBY. 373
deserves to be stiled, very truly says, that a Judge
may innocently err in opinion, yet I can hardly think
that any Judge who should after the Judgement of a
Court was given publish in print under his hand argu-
ments against that opinion, would be Justify ed in an
action of that kind; ''•' ■"•" * * * you will Judge
whether M"^ Morris' behaviour herein ought to be con-
sidered only as an error of Judgement; for my own
part I freely own to you I thought otherwise and
thinking so I could not think him fit to be continued
any longer in the Station of his Maj"" Chief Justice;
as to the letter to me it needs no observation of mine
upon it, you vv^ill give it the consideration it deserves,
and will only beg leave to assure you, that tho' hon-
oured with his Maj"'' Commission of GoV of this
Province M'' Morris has never once showed the least
civility or respect to me, but on the contrary he made
me wait, as I have before said, hours walking before
the door of the Council room before he would deliver
me the Seals he was in possession of as President of
New Jersey, not that I assign this as a reason for
removing him, tho' it is what may be very properly
communicated to you ***** For that M'"
Morris having thus pubUcly declared he would not
hold Jurisdiction of any cause or matter in Equity, it
became absolutely necessary to remove him, since
otherwise no Revenue causes necessary to be brought
in a Court of Equity could be commenced and all mat-
ters of fraud, breach of trust and matters of accident
must go unredressed. ■"'■ "' * * *
I shall only add that things were came to that pass,
that there was a necessity I should either displace M'
Morris or suffer his Maj''"' authority to be affronted
and trampled upon and disrespected and irreverence
to it taught from the Bench to the people, by him, who
by his oath and office was obliged to support it; and as
this was neither consistent with my duty nor my
374 ADMINISTRATION OF GOVERNOR COSBY. [1734
inclination to bear I thought, his Maj*'^' service
required I sliould displace him, which I accordingly
did and made the next Judge M"' Delancey Chief Jus-
tice in his room, and I am perswaded will be of
opinion from what I have said, that I should have
been blameworthy had I suffered M"" Morris, to have
sat longer on that Bench and that you may see, I have
not exercised any new or unusual power in this prov-
ince, I will instance other Governours who have dis-
placed Chief Justices for much less cause and I will go
no further back than M"" Hunter who turned out M'"
Mompesson from being Chief Justice of the Jerseys
and made M' Jamison Chief Justice in his room, after-
wards Gov"" Burnett displaced M'' Jamison and
appointed M'" Trent, upon M"" Trents death he
appointed M'' Hooper and sometime after he displaced
M'" Hooper and appointed M' Farmer. M'" Delancey
was the next Judge on the Bench and is a person of a
very good Estate as well as of a very good Character
and in every respect qualifyed to serve his Majesty in
the station of Chief Justice of the Province having
studied the Law from the time he left the University
of Cambridge in England.
I am ettc,
W. Cosby
From Governor Cosby to the Lords of Trade — i^ecom-
niending John Schuyler for the Coviwil of Neio
Jersey.
fFrom P. R. O. B. T. New Jersey. Vol. IV, F, 11.1
Letter from Col° Cosby Gov?" of New Jersey,
recommending John Schuyler, Esq?" to sup-
ply a vacancy in y*" Council of that Prov-
1734] ADMINISTRATION OF GOVERNOR COSBY. 375
ince by the Death of Col^ Peter Baird.
Rec^ Octo^"" 23^ 1734.
My Lords
Since I had the Honour last of writing to your Lord-
ships a Vacancy in the Councill for the province of
New Jersey happening by the death of Col! Peter
Baird I take the liberty of requesting Your Lordships
favour of recom'ending to his Maj'^' John Schuyler of
that province Esq"^ to Succeed him. — The Gent" w^hom
I offer for your Lordships reconiendation is one of the
greatest riches [?] in this Country being Owner of the
great Copper Mine in New Jersey from whence are
sent yearly to the Bristol! Company considerable quan-
titys of copper Ore and a Gentm" who not only in
point of ffortune but capacity and Inclinations to
Serve his Maj'- I Esteem as the most fitt person to
Succeed Col! Baird in that Station
I therefore entreat the favour of your Lordships to
recommend this Gentm" to his Ma'tie for his Ma'ties
approbation and appointment
I am My Lords
with the greatest respects Imaginable
Y^ Ldpes Most obed' and most
faithfull humble Serv*
W Cosby
N York the 7"' Aug* 1734
;i76 ADMINISTRATION OF GOVERNOR COSBY. [1734
Petition of the Merchants of Bristol — against the
approval of an Act passed by the New Jersey
Assembly, laying a duty on all Copper Ore
exported.
I From P. R. O. 13. T. New Jersey. Vol. IV, F. l.J
Order of the Committee of Council, referring to
this Board the Petition of y'' Merch^.^ of
Bristol to His Majesty, complaining of an
Act pass'd at New Jersey in Aug^* 1734, for
ye better Support of that Governm!' by w°^
a Duty is laid on all Copper Oar Exported
from thence not directly for Great Britain.
__ At the Council Chamber Whitehall
\ , ^ I the 1'* day of November 1734
*_-,_* By the Right Honourable the Lords of
the Committee of Council for Plantation
Affairs.
His Majesty having been pleased to referr unto this
Committee the humble Petition of the Subscribing
Merchants and Traders v^ithin the City of Bristol com-
plaining of An Act past in the General Assembly of
the Province of New Jersey on the 16"' of August last
Intituled — An Act for the better Support of that ' ' Gov-
ernment'' and transmitted home for his Majestys
Eoyal Confirmation, whereby a Duty of forty Shillings
a Tonn is laid on all Copper Oar exported from theuce
not directly for Great Britain, and humbly pi-ayin^*
that they may be heard by their Counsel against the
said Act, and that His Majesty will be pleased to
1T.}4| ADMINISTKATIOX OK (JOVEKNOR COSBY. 377
Repeal the same: The Lords of the Committee this
day took the same into C'onsideT'ation and are hereby
pleased to referr the said Petition (a Copy whereof is
hereunto annexed)' to the Lords Commissioners for
Trade and Plantations to Examine into the same and
Report their 0])inion therenjion to this Committee. —
Ja*? Vernon
Letter from Mr. Fane to the Lords of Trade — refer-
riiiy to act for regulating fees passed in 1783.
IFi'oiu P. R. O. B. T.. New Jersey. Vol. IV., F. 3.]
M.^ Fane's Eeport together with Some Objec-
tions humbly offerVI against a New Jersey
Act past in August 1733, for enforceing an
Ordinance for establishing Fees, &c. Rec^
Dec^'" 3, r734.
To THE Right Hon".'^"- the Lords Commissioners of
Trade and Plantations.
My Lords,
In Obedience to your Lordships Comands Signified
to me by M'.' Popple's Letter I have Considered an Act
passed in New Jersey in 1733 Entitled an Act for the
better Enforcing an Ordinance made for Establishing
Fees and for Regulating the Practice of the Law and
have been Attended upon it, by M!" Paris wiio has
' The printing of the petition thought to be unnecessary. To it were appended
ninety-three names. Tlie objections to the act were based upon the presumed
effect thereof, " that the Imposing such a Duty may be a Great discouragement to
the seeking after the Care the same being brought home to be refined and Manu-
factured and if discouraged by a Tax abroail it will consequently lessen your
Majestys Revenue at Home, the Copper and Brass Manufactories of this Kingdom
and the Trade and Navigation to the American Plantations." Thesubject came up
again in May and August, ITS.").- Ed.
378 ADMINISTRATION OF GOVERNOR COSBY. [1734
Offered many Objections against the Confirmation of
the said Act, and as they are of various kinds I beg
leave to subjoin them to my Report and to Observe in
Generall as no Defence has been made by the Agent
of the Colony, tho he had notice of the matter being
under my Consideration that I believe the objections
are Unanswerable, v^hich is humbly Submitted by
My Lords
Your Lordship's Most Obed^ Serv^
Fran: Fane.
S'\ December 1734
Some of the Objecc'ns humbly offer'd against
his Ma*^' Allowance or Confirmation of an
Act of Assembly passed in New Jersey in
August 1733
intituled
An Act for the better enf orceing an Ordinance
made for establishing Fees, & for regu-
lating the Practice of the Law.
This Act bears, in it's front, a most popular, fashion-
able, & Specious Title, but when it comes to be lookt
into will Appear to be built upon the wrongest princi-
ples, especially in a Trading Country, where no money
is, but Credit must necessaryly be given; and to be de-
signed to Strip all the honest Cred" of the Law and
their Birthright, & of their Securitys for their Just
Debts. To the discouragement of Officers of the Cus-
toms, To the creating and reviving Suits & Contro-
versy s and particularly full of the greatest hardships
and injustice On the Professors of the Law, but with-
out detaining you too long in a preface, please to take
the following
1734] ADMINISTRATION OF GOVERNOR COSBY. 379
OBSERVATIONS
1 The V^ Obsei'vac'on to be made, upon the Bill in
generall, is, that it is pretended to establish an Ordi-
nance heretofore made by the Gov'.' for I'egulating ff ees,
but to prevent all man'er of opposic'on to the passing
of the Act in New Jersey (how reasonable soever), it
was past in a violent hurry. And this abundantly
Appears on the face of the Act it Self (without infer-
ring so from the absurdity and extravagancys w'ch we
Shall find conteined in it) ff or the Gov'.' Ordinance, w'ch
was to be Established hereby, was Signed but on the
13"' of August, That Ordinance was long in it Self,
and was afterwards to be printed and pubUshed Then
the Assembly were to take Notice of it, and to Order
in a Bill. The Bill (which was yet much longer) was
prepared and Engrossed and read three times in the
Assembly, and Sent up, and passed by the Governour
and C'ouncill, and all finished on the 16"' of the Same
August \ w'ch Space of time was Scarcely Suffic' to
write the Bill over. Notable dispatch indeed! so the
Bill passed l)efore any body could oppose it, Nay to
this hour no Copys of it have been delivered out in
New Jersey.
2 As much Dispatch as there was used in passing it
there has been more delay in Sendmg it home for it
appears on the back of the Original x\ct that tho it
was passed 16 August 1733. the Governour never
Sent it from thence till the 17*-' of June 1734. and it
did not arrive here titi August 1734, and, all this while,
this very mischeivous Act Continues in full force, as not
being yet disallowed by the Crown.
We have other Objecc'ons to be made, to the whole
Act, but they will come better, after our Objecc'ons to
the particular parts of it are Considered,
3 In the Ordinance the practitioners of the Law are
not allowed, by any means adequate, or reasonable.
380 ADMINISTRATIOK OF GOVERNOR COSB i'. [1734
ffees; for they are to have but 1^ (New Jersey Mony)
for any Affidavit, how long soever, nor but 3? hke
mony for drawing any Bd in any Cause how long so-
ever that may be ; & many other ffees are by no means
proportionate to the necessary Care and pains; but
that is not what we would dwell on.
4 By the first Enacting Clause, Any p'son whatso-
ever, not Exacting, but toM?Z(7 greater ffees or EvenRe-
wards (tho ever so voluntarily and reasonably given) is
to forfeit 20' and full costs, to be recov'rd not only by the
p'son aggreived, but by any Stranger, And, upon a sec-
ond Convicc'on (I don't know whether the Act means for
the first Offence or not, there's nothing sayd to the
Contrary) the offending party (if an AW at Law) is
for ever disabled to practise.
This is exceedingly hard, that a Suitor, who is thor-
oughly convinced of the great Labour and pains, the
great Skill and Assiduity, and the great ffidelity w'ch
his Attorney has employed "^and Shewn, to his benefit,
must not reward him for it, tho' he in his Conscience
thinks he well deserves it, for, if he does, the Attorny
must forfeit 201 & full costs, nay, be deprived of his
profession; & that at the Instance of any Stranger
who has nothing to do with the matter but may owe
some grudge to the Attorney. Besides it is restrictive
of the natural right of mankind to dispose of their own
as they think fitt, and the greatest discouragement to
Attorneys to emulate and Excell each other in their
just Care and Concern for their Clyents Advantage.
5 By the 2" Enacting Clause The Attorney is to have
no Term ffee untill, either the Term next following, or
the Term in which the Defend* is taken or the Process
Serv^l But w'ch of these is intended, no body can tell by
the Act. Suppose the Defend* taken in January Term,
is the Attorney to have a Term ffee in that Term, or
not till April Termi' The Act has not determined,
And if the Attorny takes (as he ought in Justice) a
f
1734] ADMIXISTRATIOX OF GOVERNOR COSBY. 381
Term ffee for January Term it may be sayd, under
this dubious Act, that he has contravened this Act,
and is to forfeit 201 and full Costs & to be deprived of
following his Profession.
H The 8'^ Enacting Clause is a Proviso very dark and
unintelligible, and not grammer or Sence, but we'll
break it into pieces and Consider (as well as we can)
what is the import of it, namely, that in all p'snal
Acc'ons in the Supreme, and also in the Inferior Court,
where the true and real Cause of Acc'on debt, dam-
ages Sustained, or value of the thing Demanded, does
not exceed 20J. If the Acc'on is agreed before the first
day of y' Term in which the Process is returnable, the
ffees to be taken in any Such Acc'on, Shall amount to
no more than £1, 6s, 9d in the Supreme Court, and
Is, 5d. in the Inferior Court, besides Milage, if the
Party Shall be taken or Sum'oned on the first Process;
Unless the Cause be Controverted, and then i^^ more
may be taken, in either Court.
Now this is not only fixing a Sum in Gross for all
Sorts of Acc'ons, whether Short and Common, or ever so
long difficult or extraordinary (which in it Self is
neither just nor reasonable) but it takes away those
very ffees which the Ordinance it Self established (tho'
the declared puri)ose of this Act is to enforce that Or-
dinance) as for Instance
In the Supreme Court.
£ .«. d.
An Attornej's Xo the Justicos foi" alllowiiig everv
Bill made out ac- . on
corrt'g to the Or- Writ 0, O, 0
dinance. To the CI for Sealing everv Writ. . . 0, 1, 0
For filing every Acc'on 0, 0, 9
Sheriffs Fees for Serving the Writ
or Capias. - 0, 10, 0
And for the return - - 0. 0, 9
Practic'oners of the Law making
out every Writ 0, 2, 6
t
382 ADMINISTEATION OF GOVERNOR COSBY, [1734
Dr Declarac'on in Coses., w'ch may
very well be 20 Sheets, but say 7
only 0. 7. 0
Entring such Decl. on the Eoll 0, 5, lo
Copy to be Serv'd on the party 0. 2, 0
Term Fee 0. 0. 0
Warr? of Att'y- 0. 0, 9
1, 19, 7
It is very certain that in Special Acc'ons on the
Case &5= the Dec' may be not only 7 sheets (The Sheets
by the Act are to be just as long as Our Chancery
Sheets in England) but may necessarily be a great many
more, But, if so long only, The very Ordinance itself
allov^s 1, 19, 7 as you see above, & yet by this Clause
of the Act, if the true and real Debt or damage, be
(some how or other) fixt und'" 20' Tho' the Acc'on may
be very Special, & bro' p'haps to try a right of ever so
great value, the ffees to be taken must be £1, 6s, 9d
only.
This is the Case upon this Act, if the Acc'on is agreed
before the return of the first Process — But the latter
p' of the Clause is worse yet. If the Suit be not agreed
but Controverted, Then, truely <>! more may be taken,
in either Court.
Now we have above seen a fair legal Bill of 1 , 19, 7,
if the Cause be so agreed. To w'ch, if the Cause is
Controverted, must be added the following, & many
other, particulars, thus setled by the Ordinance, viz'
To the Justices on the 1^.' Moc'on 0, 6, 0
For a writ of Enquiry 0, 3, 0
Taxing Costs l 0, 4, 0
To the Cd for a Cop of the Defend': Plea
Suppose one Sheet only 0. 0, 7
Entring Verdict & Judgment 0, 1, 0
Eeading every Evidence, suppose one
only 0, 0, G ,
1734] ADMINISTRATION OF GOVERNOU COSBY. 383
One Rule of C'uurt & one cop... .. o. 1, 3
ffiling the Roll- .- ... 0, 1. o
Swearing a Jury,. <>. 3. 0
ffor a Writ of Enquiry.. <». 1. 0
To the Sheriff for the Venire & return. 0, 4, fi
The like uu a Writ of Enquiry <>, lf>,. •>
Jurys Ifces for Tryal 0, 12, 0
On the Writ of Enquiry ... U, 12, 0
Cryer for Calling the Acc'on of the Jury
& one witness only 0, 1, I
The Practition'"' of the Law.
ARept 0, 1. II
Dv a Bo 0, 3, o
Dv & Entd Judgment 0, 5, (i
One Moc'on U, (i, U
Fee upon Tryal 0. 14, 0
A Ticket for one AVitness only ( >, (>, 0
G, 15,
All this is put at the very lowest rate, as
allowed by the Ordinance, & for this C^, 1,5, 9 (if the
Jury find und- 20 £ debt or damage, (whatsoever value
the right in Contest may be) the Fees to be taken, foi"
all this, are to be but £1 6s. 9d & 6s, in all £1, 12s, 9d.
7. The 4'.'' Clause or proviso carrys on this affair in
like extraordinary man'er, & in like dark ensnareing
dubious expressions viz*
In all such Acc'ons as afs'' in the Supreme Court
where the true and real Cause of Acc'on e.fceeds 20-^
(Now the Acc'ons afs''' are those uncr' 20^) If agreed
before the 2' Term where the Defend' shall be taken
on the 1^' Process, the ffees to be taken (exclusive of
Milage) shall Amount to 2^ 10" & no more— This tho'
the Cause be of 1(X)0^ value and the utmost length of
p'ceedings & intricasy, & yet the particular ffees ap-
384 ADMINISTRATION OF GOVERNOR COSBY. [1734
pt^*^ by the very Ordinance we see amount to £6 15s, 9d,
So the Clyent must pay his Attorney, and must
pay the Officers, Step by Step, as he go's on £6, 15, 9
out of his Pocket, according to Law, in the Shortest
easyest Case that may be (& a great deal more if the
pleadings are Long & Special) & when the Defend* has
kept him as long as ever he can out of his just Due,
Surely By Law an ^^C pit is to haVC but 50^ Costs ag* him
honest cred'r is in- Tliau w'cli there cauiiot be a greater
titled to the Legal , • , t i ,
Fees p'd out of pock- cncouragement given to dishonest
et, when he recovrs Debs'' to w^tliold payment of ther debts
his debt it j j_
nor a greater discouragement to an
Cred-' to sue for his own — There is a long unintelligable
peice of Jargon w'ch follows in this Clause, w'ch seems
to mean nothing that is material to be further observed
upon, save that in some cases (no body knows what)
6' more may be taken, if Controverted, but that in no
Sort weakens our Objecc'on
8, The 5^}" Enacting Clause (or rather Proviso) still
combats w"' the Title and declared purpose of the Act,
for it destroys instead of enforces the Ordinance — But,
to this Clause, The two former Clauses treated of ffees
to be taken, this Speaks of Fees to be taxed (w* the Act
means by the distincc'on I know not) But the Costs to
be taxed on any Judgment by Confession without a
wait of Enquiry (which writ of Enquiry & all the Ex-
pences thereon are but £1 lis, od, & that leaves the
Bills Amount at £5, 4s, 9d) shall not, in the whole.
Amount to above 3£, including the 1^.'^ Execu'con (but
excluding Milage)
If I understand this "Wg left l)ef Ol'e . . . 5. 4. 9
Clause right (w'ch I'm , ^ i i rpi t
farr from being sure To w'ch We lllUSt add lllC Ex-
of, this is a double and ecu'coil to the Judge
different pVision for „^ , , -^ ,•■
the same Case men'd ^" ^ '" Vl_ ._
in the 3d Clause of the To the SllcHfr of tllC lowest.
Act
5, 14, U
0.
• 1
0
0.
1,
0
0,
G,
0
1734] ADMINISTEATION OF GOVERNOR COSBY. 385
And this, the p'lt is to have but £3 for, at the most,
neither in the Inferior Court, nor yet in the Supreme
Court, unless the true and real Debt or damage exceed
20^ & then 4^ only
9 The Ordinance allows the Sheriff for serving every
writ 0, 10,
and 3'' a mile forward & as much backwards for every
mile beyond 8. Now Suppose the p'son at 20 miles dis-
tance (& often they are nnich farther) Then the Sher-
iffs just ffee Comes to 12' for Milage, and so much no
doubt he will expect & the P'lt or his Attorney must
pay him. After w'ch the Act, in Clause the 6'!' pro-
vides that there Shall not in the whole be taxed above
S'' Milage, be the distance w' it will.
10 The 7*'' Enacting Clause (or Proviso) again Pro-
vides that in all p'sonal Acc'ons in the Inferior Court,
if the Defend* shaU be taken or Summoned on the first
Process, tho' a Writ of Enquiry be necessary —as also
in Acc'ons undr 20' ' in the Supreme Court, the Costs,
when taxed, shall not exceed 5' besides the Costs of
S'paing an attendance of Witnesses — And for Acc'ons
of above 20^' in the Supi-eme Court, not more than
5*^, 10s, — Altho' the lowest ffees possible, appointed by
the Ordinance must be £6, 15, !) as before.
11 The s"' Clause or proviso directs that only one
Moc'on, or one Cop and Service of a Rule, shall be
taxed on any Judgm* by nil dicit non informatus or
Confession, And, if there be Tryal & Judgment,
whetlier by Verdict or Demurrer, not more than 2
moc'ons or 2 Copys & Serv: of Rule, tho' there should
be (as often there is) many more Moc'ons & Rules
12 The !>"' Clause or Proviso Shews that the Assem-
bly were aware they had (as we now Contend) greatly
Lessined the Legal ffees appt'"' by the Ordinance, &
w'ch in themselves are unreasonably Small, And there-
fore, that the Pit or his Attorney might not be the
26
o8G ADMIN [STRATIOX OF GOVEKNOR COSBY, [1734
Sufferer (w'ch we Suppose he viust be) they have
pVided a remedy, but such an One as Shews the great
Prudence & wisdom of this Assembly, how well
they had considered and digested this Popular Scheme,
for regulating ffees and amending the Law, The
remedy is no other than this That when a Cause is
finished & over, & the Bill of Costs comes to be taxed,
if the Particular ffees Charged in Such Bill by Virtue
of the Ordinance, shall exceed w^ the Act allows to be
taxed in Gross, Then — Every Officer (except the
Judges) shall p'porc'onably abate, so as to bring it
down to the Gross sum allowed to be taxed. But
when the Pit or his Attorney has" p'' the mony to
every Officer long time ago. Step by Step as the Cause
proceeded, how is it to be got back again? Are Suits
to be bro* against Each Officer in Each Acc'on to
refund 8'' or V, Or Suppose the Officers are dead or
removed into Another Province whats to be done then?
Surely no Legislature before, ever calculated so wild,
so rude, so absurd, mischievous & impracticable a
Scheme, w'ch must of absolute necessity involve every
Suitor and practiser in Endless Suits and Controver-
sys— This Clause is tagged, at the latter end, w^'' anol"
very reasonable Proviso, That even these ffees thereby
allowed, low as they are, shall not be, in all Events,
allowed; No, Only when the real Services p-form''
Amount to so much; That may be reasonable; But
then is it not as reasonable, if the real Services
p'formed Amount to more, that those shall be paid for?
No, Say the Assembly. But Surely this must destroy
all care and industry & applicac'on in the practisers of
the Law, when, let the Cause be ever so long and intri-
cate, and their Trouble ever so great, they must be p''-
only at the Comon lowedst rate, as if there were
nothing extraordinary in it,
13 The 10*!' Clause (w'ch is pt of a Proviso) is yet
more mischievous for it retrospects & provides that if
1734] ADMINISTRATION OF GOVERNOR COSBY. 387
Bills have heretofore (no bo^y knows how farr back)
been Over taxed, or any p'son thinks so, they may
Apply to the Court and have theni retaxed psuant to
this New Law and new Ordinance And this has no
restricc'on or Limitac'on in point of time
14. The 11'.'^ Clause Enacts, that, in Oi'd!' to the pty
aggrieved his obtein? Satisfac'con, where a Bill has
been taxed & (as he thinks) too high, he may demand
of his Attorny a cop' of the BiU so taxed by the Pro-
thonotary or Ma^ of the Court, & if the Attorney, on
tender of 1^ doe not give it, (tho' phaps it may have
been lost and burnt 20 y" ago when the Affair was
(thought to be) quite over & the money paid) what
then? Then the Attorney is to forfeit 10? and that,
not only to the party grieved, alone, but to any
Stranger that will please to sue for it, & full Costs of
Suit This pretty Scheme may retax every practisers
Bill, for all times past. And so many bills as he has
lost, so many 10^ he is to forfeit, & must wonderfully
prevent Suits and make people very easy and Quiet in
New Jersey — But the Clause gos on further, and if on
Moc'on the Atty does not pVluce the Orig' Bill, the
fact is to be taken as admitted, wiiether it be in his
power to p'duce it or not.
15 We skip now over the 12*'' to the 13"' Clause, in
Ord"" that we may Consid'- altogether the Sev' parts
w'ch relate to the Practisers of the Law, And this
Enacts that no pson shall be at any time hereafter
admitted to practise as an Atty but such as are Skilled
in the Law [who's to try that, not their Judges in New
Jersey Sure] of good name & & who have Served at
least 7 y'-® Apprenticeship to an Able licensed Atty, or
has Studyed the Law 4 y'.^ at least after he came of
full age — How their Judges may understand this word
admitted I know not, whether they may not pretty
fairly construe it Jpe/'m^Y^e<i. And if so, possibly the
Scheme may be to throw out and exclude the whole
388 ADMINISTRATION OF GOVERNOR COSBY. [1734
p'"sent Sett of Practisers, in Ord"" to lett in a new Sett,
who must pay so many 20' to the Gov!" for their
Licences, and so many 20^ to his Sec'^', and so many
10? to his Cheif Judge; If so. His Ex''/ may raise a
pretty sum of money & may do (as has been done in
other places) turn a bill, for the regulating the Prac-
tisers of the Law, into a money Bill.
We have now Considered so much of this unreason-
able and Absurd Act as particularly relates to the
Practisers of the Law, and some parts of it that relate
to Pl'ts too, And we may venture to say, that no gen"
rules layd down by a Legislature, for Costs of Suits,
can be just and adequate and well p'porc'oned to all
Cases. If large ffees are demanded, the Prothonetarys
& Ma" of the Several Courts, who are Acquainted
with & can look into the particular Circumstances of
each particular Cause, They, & they only, can Settle
and tax Bills, w"' equality and Justice, to the Suitor &
practiser both.
16 We go back now to the 12"' Clause, And this
relates to the Offic' of the customs ffees. Those p'sons
it seems are to be Struck at, as well as the practisers
of the Law. Those p'sons have their direcc'ons no
doubt from the Com'-* and better direcc'ons than this
Act will give them, but this Act has established their
ffees likewise, and a Collector must lereate {J\ this Law
if for every Single 6'' or -l^'i ffee (New Jersey money)
he does not write and deliver unaskt, a bill; & also, if
he doe not (when p'.') deliver a rec', & this, unaskt —
And if Either of these Sho'' be askt and refused, he
forfeits 10^ and full Costs, either to the party greived
or to any Stranger, Now as Officers of the Customs
are not much respected, especially in America, the
Crown must either provide at great charges I- times
the number it now^ has there in Ord' to comply with
this Act, or else the Officers nuist be, for evei" harrast
w*.'' Suits, and neglect their business, and be ruined.
1T34] ADMINISTRATION OF (JOVERNOK COSBY. 1^89
for not giving out So many thousands of bills and rec*?
as are necessary.
17 The U"' Clause, & w' follows it, highly affects
ev'y Merch-, Trader, Landed Man and other person
who has any Concern in that Province, For it destroys
all Credit, w'ch is what they must support themselves
by, and Takes away from all People that Security for
their debts w'ch the Com'on Law allowes, and their
Debtors expressly agreed to give them; I mean the
Security of the D'^ psons. And this is a very dangerous
Step, Since the parts of America do not abound with
people more honest and willing to pay their debts than
England may. In Short the Act Enacts That in all
Causes hereafter in the Supreme Court for ^ot gone so
und*" 20-^. The V^ process shall be a Sum'ons, here.
And an Appearance or Com'on Bail shall be accepted.
This is going a great deal furthei- than we have done
in England, And that in a place the Circumstances
whereof will by no means allow it; for, as they have
no Currency of money oi* other medium in Trade,
Credit must necessarily be given by Man to Man in
Ord' to carry on some dealings, but then, to Support
Such (yi'edit & to make men Honest & punctual. Man-
kind sho? be und!^ some terror of punishm' (as for
instance in the detention of their p'sons) if they don't
Satisfy their Credf But on the contrary this Act p'vides
that the Debtor when he has quite tired out his honest
Cred'/' patence, shall have a notice Sent him that he
may Step out of the bounds of the Province (it may be
half a mile or over a small River and avoid pay-
ing his Cred!" & laugh at him. This is a clause of a
most extraordinary nature and very much discourages
Trade, & will be of great damage to the Merch'' there
& in great Britain also — The latter part of the Clause
gives a Pl't (if he Chance finally to recover but und-
20^) in the Supreme Court, where the ffees are larger,
no more Costs than if 'twere in the inferior Court,
where the ffees are Smaller, so that a poor Pl't, who
390 ADMINISTRATION OF GOVERNOR COSBY. [1734
may be in the utmost distress & hast to recov^ a just
debt due to him in Ord' to save his own Credit, Must
(for fear of loosing his Costs in the Supreme Court if
a Jury sho-' give him but 20^} begin a tedious Suit in
the inferior Court first, & travel through that & the
Superior Court both, And foi^ w' reason is this? why
in favour to a dishonest D- least such D'- should pay
20^ extraordinary for being Sued in the Supreme Court,
And, to give such a D'.' a greater dslay, to w^''hold the
Poor Pl'ts money; So that he who has done the wrong
is to profit by it. And he who innocently Suffers the
1^.* Injury, in not being pay'd must Suffer another and
wait so much longer & travel through two Courts
instead of One, w'ch is no doubt a very wise and just
provision, but this is a trifle to w* follows
18 The 15"' Clause is astonishing beyond measure,
how it could enter into the heart of any Legislature to
Enact. A. in the County sends up to his Attorney a
bond to be put in Suit. The Attorney Sues the Obligor
and recovers Judgment, The Ma- or Sworn Offic!' of
the Court Taxes Costs. Now if this Officer of the
Court allows One Penny Costs more than this Act
directs, And this Act is so doubtful in many places,
that it may be understood different ways (pticularly
now abo* the Term ffee, w'ch is a part of the Costs)
Then the Defend' is to bring a writ of Error & to
Assign this undue taxac'on w'ch is no Act of the
partys, nor of his Attorneys, but of the Sw^orn Officer
of the Court, for Error, w'ch shall be good & the
Judgm^ is to be reversed for the same; & not only so,
but the Defend* is to recover Double Costs of Suit.
This is too Gross to need any comment, but we may
say the Assembly have been very happy in finding out
so many ways to encourage an ill Debtor and to dis-
courage the honest Cred;' For w'ch there can be but
one possible reason assigned, w'ch is a very obvious One.
1!) The 16 Clause is not quite so grievous as some
others, but here, as every where, the same tender Care
1734] ADMINISTRATION OF 'iOVERXOB COSliY. 391
of the Debtor appears, and the hke hardship & delay
upon the honest Cred' For when the PFts Cause is ripe
for a writ of Enquiry he must not take it out, but
must first bring the Defend- into Court, to know if
he'l confess Judgni' or not, And if he dos Confess
Judgm^ he shall have a stay of Execucon entred, so
that the D-' is to have all the delay he any way might
have had, but is not to pay any Costs for it, but if the
Cred'" wants dispatch, and therefore sues at once in the
superior Court, he must lose his Costs bona fide paid
out of purse according to Law, as men'' in the fore-
going Ar'cle.
20 The 17"' Clause improves upon ths, For if a Man
has severall Obligac'ons or other Causes of Acc'on
against another, w'ch can possibly be joyned in one,
it shall be a good Plea in Abatem' to 'em if they are
sued, Sev".^ and not joyned in One Acc'on and the
Defend' shall be thereupon intitled to full Costs of
Suit. This Strips every Cred'.' of his Birthright & the
Law of the Land, For his D! may have some known
visible Estate or Effects to Answer one bond, and he
may many ways conceal other and by fan- the greater
part of his Estate, Now by Law the Pl't, on two Suits,
may take out two different execuc'ons one against the
p'son and ano!' ag' the Effects, and by that means,
Only, may obtain his just due, but if he is confined to
one Suit only, he must make his Elec'con w ch Soi-t of
Execuc'on h'ell take; and thereby may leave apart, or
the whole, of his Debt, But it seems that is of small
Consequence so as the Debtor be but taken care of.
21 The IS*!' Clause doe yet out do All the preceding
Ones ffor it if 2 or 3 psons are Severally bound in one
bond for the same Debt, And the Cred'- who wants his
mony. Sues them sev'"^; that so the best of them may
pay him, as fast as they can, he must Stop and make
his Elecc'on (upon the Defend'' request) w'ch one of
them, only, h'ell pceed ag' & no proceeding to be
392 ADMINISTRATION OF GOVEEI^fOR COSBY. [1734
against any of the others till after a return of a capias
ad Satisfaciendum or fieri facias ag' such One, Now
(/onsidring the Suit to be convened in the Inferior
Court, then to go by writ of Error to the Supreme
Court, after that, by App' home to the King in Coll,
(w'ch alone will take up two years) by that time the
Pl't comes to take out Execuc'on the man he elected
may be insolvent, and the p'sons against whom he
would have pceeded, and who phaps were at first in
good Circumstances, may become insolvent too, or
gone out of the Province, And so the honest Cred!" lose
his just Debt, w'ch it seems the Assembly had rather,
Sho? be the Case, than that the D!' or his Co-obligor,
Should be put to the trifling expence of a Short Acc'on
22 The 19"' & 2(»"' Clauses Enact that a former Law
for setting off Debts shall extend to Cases where the
Debts are of different degrees or dignitys, and also
Debts due from A's Testator or Intestate may be Sett
off ag* the debt due to A in his own right, w'ch, how-
ever reasonable it may be in itself, Sho'' have had rela-
tion to all future Causes to be bro', & not have retro-
specc'on, and thereby create endless doubts and
inconveniencys in Suits at that very time de])ending.
23 The 21^' Clause Enacts that all Acts of pliam* for
aiding of impfecc'ons in pleadings Slc, All the Statutes
of leofail [?] & Statutes for Ameudm* of the Law shall
(in a lump) be in full force in the Province, where as
were it worth the while to examine Sev'-' of them
repeal others, so that this is an irregular Clause
24 The 22" Clause Directs that in All Causes Sci:
facias's ag*^ Bail to be directed into the County where
the Bail reside. And the Sheriff shall do his Utmost to
serve them & not return nihil, unless he cannot do
otherwise [This may possibly include the Kings Causes]
and if the pcess shall be directed otherwise, all the
Subsequent proceedings shall be void and set aside on
Moc'on, iv"' full Costs, and the Party greived shall
have an Acc'on ag' the Sheriff and recover Double
1734] ADMINISTRATION OF GOVERNOR COSBY. 393
Damages and full Costs, Still they take care of their
Debtors
25 The last Clause continues this Act in force for 2
y" and to the end of the next Session of Assembly,
And it appears tho' the Act was past in so much
hurry, yei it was kept from the Board of Trade One
of the two years that it was to have Continuance for.
However, Assemblys are not very frequent in New
Jersey (I think not evej-}^ year) And the Act, unless it
be disallowed, may have a long Continuance, and may
do a gi'eat deal more mischeif than it hitherto has, and
besides if it be not repealed the Assembly there may
take heart, and Continue it for a longei- time
26 The Act is a very long One, and has been spoke
to in ev'y part of it, And upon the Complexion of it in
gen" One may fairly presume that the Majority of the
Assembly were Debtors, and not Cred^f And the sum
and Substance of this their Act, tho' so long and so
much clouded and disguised with a Multitude of
words might have been couched in these 4 Short Nega-
tives and one Affirmative
We will pay no Law Fees
We will have no Law^yers
We will pay no Custom house ffees
Neither will we pay any Debts
But wel punish every man that shall p'tend to
sue for his Own.
27 Certainly there never was sucli an Act sent over,
and yet we have not done w"' our weighty objecc'ons
Upon looking into For the last Govl" M'-' Burnett past an
the former Act, here ^^t for the Sliortulng of Law Suits and
Spoke of, That preju- "^
diced the Supreme regLuatiiig the Practice and pi-actition-
court in like man'er ^^.g ^f ^^iB Law aud other Officers; w'ch
as this do s by dis-
coura^ng Suits being Act, th<*> uiid' a different Title tended
brought there-That ^^ ^^^ ^^^^^ g^^j ^^.,„ ^j^j ^ f
Act likewise discour-
aged prts to bring cqual iiature and for the same })urpose.
bf SntTLmt That Act was disaUowed by his Majesty
give Security &c. in the first year of his Reign, and for
394 ADMINISTRATION OF GOVERNOR COSBY. [1734
w* reason? Only because it was like Ano!" Act w'ch
had been formerly (before that) past & repealed by the
Crown, and had no Clause to Suspend its force till
the Crowns jDleasure known. For. by The p'sent
Gov'? Col Crosby and all other Gov" Instr'ns from
the Crown, No Act, once disallowed of, is to be re
enacted without a Proviso incerted in it Suspending
the force of the Act until approved of by the Crown.
This 3'' Act, like that Second, has no such Proviso,
And is therefore past indirect opposition to the Gov"".*
Instructions in that respect, And is more extraordi-
nary Since it is the 3^ Act of the same nature that the
Assembly have (at four years distance) attempted to
force upon the Crown, as soon as they thought the
Officers of the Crown might have forgot the former
Apphcacons.
28 Again by this Gov^ and all other Governours
Instructions No Acts of a new & extraordinary nature
are to be past without a Proviso to Sus[)end the force
of them till approved by the Crown This Act is Surely
of a new & of a very extraordinary nature throughout
(more especially in the Ar'cles herein markt 17. 18. 20.
21.) Yet has no Such Suspending Clause, and is there-
fore past, in that respect also, in plain Contradicc'on to
his Majestys Royal Ord""' and Instructions.
29 Lastly the Express power and Direcc'on given by
the Kings Com" and Instr"^ the Governour of New
Jersey and of all other Plantac'ons relating to passing-
Laws is. That they be not repugnant but as near as
may be agreeable to the Laws and Statutes of Great
Britain, But this Act is, in many instances before
observed, directly repugnant to the Laws of Great
Britain, And in that respect, likewise past, Contrary
to the Power and Authority and Instr"' given by his
Majesty to the Governour of New Jersey
Wherefore upon the whole As this Act is in its own
nature so unjust & unreasonable, in so many different
1734J ADMINISTliATlON OF GOVERNOR COSBY. 395
respects So contrary & directly opposite to the Laws
of this Land
And so plainly against the Direcc'ons & Comands
given by his Ma''' Comiss" & Instrucc'ons given by the
Gov'; of New Jersey
7/.*^ humbly hoped his Ma'?' will be graciously pleased
forthwith to declare his Royal Repeal & Disallowance
thereof.
From Governor Cosby to fJ/e Lords of Trade — about
James Alexander and Lewis Morris.
I From N. Y. Col. Docts.. Vol. VI, p. 30.1
My Lords
I have very long declined laying before your Lord-
ships the behaviour of a certain Member of his Majes-
ty's Council here, while I had the least hopes of his
return to his duty, upon this prospect I have been born
with many inconveniences his dangerous conduct still
growing upon my patience til his Majesty's Service and
the safety of this Province demanded that I shou'd ex-
plain this man to your Hon''' Board
M' James Alexander is the person whome I have too
much ocation to mention, at my first arrival I found
that the late President Van Dam had employed him in
the payment of the forces, and for that reason I showed
him all the Civility in my power, but no sooner did
Van Dam and the late Cheif Justice Morris (the later
especially) begin to treat my Administration with rude-
ness and ill manners, then I found Alexander to be at
the head of a scheme to give all imaginable uneasi-
ness to the Governm^ ' by infusing into and making
the worst impressions in the minds of the people, A
Press sup})orted by him and his party began to sworm
lUnder date of June 19th,-' Gov. Cosby wrote, " Van Dam is very old, past the u.se
of his own reason and given up intirely to the management of Morris & Alexander.
— N. Y. Col. Docts., Vol. VI, p. 7.— Ed.
396 ADMINISTEATION OF GOVERNOE COSBY. [1734
with the most verulent libels, Scurrilous and abusive
pamphlets publish'd against the Ministry, and other
persons of Great honnour and quality in England were
reviv'd and reprinted here, with such alterations as
served to incense and enrage the people against the
Governour, the Council, the Assembly and all Magis-
trates in general, no man in his Majesty's Service tho'
many had been ten and twenty years, in the same em-
ployments was spar'd, all were equaly made the ob-
jects of rage and fury with a deluded and unreason-
able mob, and that some of them were not made a
Sacrifice to this fitt of madness, is matter of M'onder
to themselves as well as to many others some of these
peapers giving very plain hints, also that the Govern-
our was in no greater Safety then his friends.
Cabals were form'd against the Government and a
meeting of their factious men is still held several nights
in the week "at a private lodging which I have discov-
ered Alexander always p'sent and Morris, till he lately
fled privately for England, in great fear as tis publick-
ly reported least the printer of their Seditious libel
should discover him, for these reasons it is, that I have
not lately requir'd Alexanders presence in Council
One particular and remarkable instance of the most
abominable and detestable villany that ever was com-
mitted, I shall barely mention referring your Lord-
ships to are poi^t of a f uUConnnitte of the Council of this
Province which I send enclos'd, the person whose life
Caracter and fortune were struck at, is M- Harison one
of the eldest Members of that Board, y' Lordships will
see where the Instrument intended to destroy him was
dropp'd, how found & by whose vilanous blank affi-
davit (a common practice with Alexander and Morris)
the same was imputed and charged to him at that
Critical Junctui^e, when the passions of the people who
were to be his tryers, were rais'd to the highest pitch
against all who avowedly declared their resolution, to
1734] ADMINISTRATION OF GOVERNOR COSBY. 397
stand or fall in a steady active opposition to the
enemies of the Government M' Harison has for
twenty -six years past, been employ'd in very consid-
erable trusts, by the Gov^ tho' with little profit to
himself his sturdy adherence to tlie present Establish-
ment, his known and long experienc'd fidelity, to Lord
Lovelace, M' Hunter and his successors here recom-
mended him to me, while x\lexander, Morris and the
disaffected party were thereby become his mortal
enemies, and thus resolved to make him the first
offering to a licentious Mob, who have very much
injurd' him in his cii'cumstances, tho' I with mine and
the fav'" of his friends in England have us'd all power
and just means to support him under the highest
injustice, and most cruel oppression, and I confess it
is with pleasure I see him again gathering Spirit and
ability to erect himself against the enemies of the
Government.
My Lord at this distance from England I am not
able to trace the facts, but I am assured that this
Alexander (some years since a teacher of navigation
on board of one of his Majesty's Shi})i)S) was turned
away and dismissed from the Service for disaffec-
tion to the protestant Succession, and refuseing the
Oath's to the Govern m^ some of his intimates on
board having discover'd Inm to his Commander, and
now while 1 am writeinu', after the Council had order'd
certain Seditious libels, tending to open rebellion, to be
burnt by the hands of the common Hangman, that the
printer of them be committed to the Common Goal,
and prosecuted by the Attorney Gen" and a proclama-
tion issued by their unanimous advice (a Grand Jury
also having presented the same libels) with a reward
of fifty pounds for the discovery of the Author of
them, this man James Alexander has apeared as the
printers Council and attorney for several successive
days before the Cheif Justice James De Lancy Esq:
398 ADMINISTRATION OF GOVERNOR COSBY. [1734
attended by William Smith Att-' at Law, another
declared incendiary, and one Jansen and Aldeman
chosen as their audacious libels set forth in opposition
to, and in a different interest from that of the Govern-
ment, for these reasons I intreat your Lords'ps to
intercede with his Majesty that a Member of Council
whose behavour has declar'd him to be in an inti-est
opposite to that of the Crown, who is dayly inciteing
the unthinking people to sedition, riot and insurrec-
tion by blackening and asperseing his fellow Members
of that board, and all others whose loyalty and integ-
rity have recommended them to my predecessors and
myself, may be removed from a seat to which he is
the greatest disgrace and dishonour, and I hope y'"
Lordships will be so good to move his Majesty in ord''
that a Commission be granted for John Moor to suc-
ceed James Alexander as Counciller in the Province of
New York; as I have in another letter given you a
Caracter of M!" Moor, I will not here trouble your Lord-
ships with a repetition of it
My Lords the removal of Lewis Morris late cheif
Justice of this Province has already been of conse-
quence to his Majesty's affairs here, his successor
James De Lancy Esq; having upon some very impor-
tant occations exerted himself with so great prudence,
steadiness and resolution as has in great measure
allay'd the heats of the Common people, and defated
the factious designs of his predeceser, enrag'd at this
worthy Gentlemans conduct and success, and almost
distracted with the disapointment Morris is privately
embark'd for England laden with complaints, false
affidavits, and certificates of his behavour, some (as is
said) forged and all glean'd from the meanest labour-
ers, tradesmen and Artificers neither he nor his con-
federates having with all their wicked Acts, been able
to seduce any men of honour, credit or reputation,
except a very few whose principals and inclinations
1734] ADMINISTRATION OF GOVERNOR COSBY. 399
wanted no incitement to create disorder and confusion,
upon the weak hopes they had entertain'd and which
they have often spoke out, that a new Parhament
v^ould introduce a New Ministry, and that something
more would follow, which I shall unwillingly name to
your Lordships, unless I see a continuance of their
misbehaviour, which I do not expect now the principle
incendary has left them to the support of Alexander
whose credit is growing very low
My Lords I had scarce set foot in New Jersey when
M'^ Morris declar'd he wou'd never appear in Councill
while I remained Govern'.' he had been President there
after the death of Coll Montgomerie, and had acted
with a very high hand, and in the most arbitrary
manner he had turn'd several good and loyal old Ser-
vants and Officers in the County out of employments
without the consent of his Majesty's Council, and in
open contempt of the royal orders and instructions, to
make room for sons in law and other relations, he sat
and acted as Chancellor, and made a decree without
regular notice given, or hearing of the party's, while
in that and this Province, ever since I came hither, he
has been loudly declaiming against all Governors who
have hitherto sat as Chancellors and assureing the
Country that no decrees of that Court or any other
Court of equity here are binding on the subject, and
that his Majesty has no right to establish any such
Court here, your Lordships well knowes the conse-
quence of these doctrines, and to the leasure of your
Hon''''' Board I must resign then them and the
Authors of them, amongst whome I mustreckon Van
Dam or at least as a publisher who frequently prosti-
tutes his name to the same purposes, tho' his capacity
will not admit that I should believe him to be writer
of even their mean performances, your Lordships have
ah-eady been pleased to inquire into his conduct, which
as I doubt not will merit your displeasure in such
400 ADMINISTRATION OF GOVERNOK COSBY. [1734
manner as to have him in no farther power or
authority here, therefore I beg leave to recommend
Paul Richards to be put in his room as Counciller,
whos caracter I have already sett fourth in another
letter if I were not assured that the change will be
very much for his Majesty's Service and to the publick
satisfaction, I trouble your Lordships no further on
that head
My Lords I have had thoughts of sending your
Lordships the detale of perticulars in M'' Morris's
beheavour but I satt a more Just value upon your
Lortlships time, and if any thing of that kind should
attend you, it shall be in a separate paper, one thing I
belive he will complain of, that I have not Summon'd
him to Council of late in New Jersey, My Lords his
residence is always in this Government, and whenever
the Assembly meets in New Jersey, the method is to
issue out a proclimation requireing the attendance of
the Council likewise, who stay with me upon the spot
dureing the whole Session, it being impracticable as
they live very remote from each other, as well as from
the place, where the Assembly s are by law alternately
to sit, to call them together upon the necessary emer-
gency (their distances from each other, as well as from
these places being so great) if they were to separate at
pleasure as the Council of New York does, the
Majority of whome reside in this Cit}^ and to these
proclimations neither Morris nor Alexander who is of
the Council there as well as here, have ever pay'd th(^
least regard since the seventh of August 1 732 which
was seven days after my arrival
My Lords the Just value I have for the Provinces
which I have the honnour to govern, the earnest
desire I have to see their Inhabitants enjoy in peace
and quiet the blessings of his Majesty's mild and Glo-
]-ious Administration and those great liberty's and
priviledges which they held by his Royal bounty, will
1734] ADMrWrSTRATIOX OF GOVERNOR rOSBV. 401
always incline me to do for them while I am among
them, and to wish them well whenever I am to leave
them, No greater Service can I doe them at present
then to use all my credit with your Lordships, that
you would be pleased to move his Majesty in order
that a Commission be granted to Robert Lettice Hooper
Cheif Justice of the Jersey's to succeed Lewis Morris
as one of his Majesty's Council in the Jerseys a person
who truly affectionate to his Majl* royal house and in
very great esteem and reputation in his country. My
Lords I must not omit to inform your Lordships that
a mislead populace in this City had in September last
elected their annual Ma jist rates and chosen their
Aldermen and Common Councel, out of such as were
followers of the leaders above named, they very soon,
though to late, began to reflect upon their own folly
and madness in throwing out of office several Gentle-
men of the best fortunes and greatest influence here,
who were their own constant employers and Cheif
support, pubhckly wishing that they could recall those
weak papers which Morris and Alexander have pre-
vailed upon them to sign, without aprehending their
design or intention of them.
My Lords if you are pleased to assist these my
requests I solemnly assure your Lordships that you
will lay the highest obligations ui)on many thousands
of his Majestys best and most loyal subjects in both
Provinces, that you will secure the fidelity of all, and
at the same time, do a thing for which I and my suc-
cessoi's shall ever be obliged to your Lordships
New York I am my Lords, with the greatest
Dec: the (? 1734 respect imaginable Y' Lordships
Lords of Trade &c Most obed- hum'^'''' Serv'
W. Cosby.
End:*: Rec'^ Jan: the 22 ITSi
Read Aug^' the 14 1735.
27
402 ADMINISTRATION OF GOVERNOK COSBY. [1734
Governor Cosbij to the Lords of Trade — recommend-
ing several changes in the Council of New Jer'sey,
etc.
[From N. Y. Col. Docts., Vol. V, p. Hi.]
My Lords,
[Extract.]
" * * In my letter which I did myself the hon-
our to write to your Lordships of the 17 of June last,
I recommend three Gentlemen to witt, Coll? Thomas
Farmer, Docter John Rodman and M' Richard Smith ;
I begg pardon My Lords It was a mistake the three
persons deceased were not named, whom they ware to
be succeeded by, it should have been thus Coll Farmer
to succeed John Johnson who first died, M' Rodman in
the room of John Parker and Mr. Smith in the
room of James Smith Since then I took the liberty
to recom'end John Schuyler in the room of Coll Peter
Baird deceased, I must beg leave to observe to your
Lordshipps that I recom 'ended Coll Provoost who
succeeded M' Hogg who dyed in Coll Montgomerie's
time, In one of my letters which goe with this to your
Lordships I have given reasons for the removal of
Lewis Morris from the Council which I hope your
Lordships will approve of: I would then begg you
would move his Majesty that Robert Lettice Hooper
Cheif Justice of the Province may be appointed Coun-
cillor to succeed Lewis Morris * "" " "'
I hope your Lordships will be so good for the many
reasons I have given for the removeing Rip Van Dam
and James Alexander from the Councill of this Prov-
ince, that you will be pleased to move his Majesty that
Paul Richard and John Moore may be Councillors in
their room, being two Gentlemen who are greatly be-
loved and esteemed for their worthy Caractors and
1734] ADMINISTRATION OF GOVERNOR COSBY. 403
ability's they also having great possessions in land as
well as very great share in carrying on the trade of
this Province, I could not recom'end two fitter to serve
his Majesty in his Council my Lords:
■X- * * * 'X- *
My Loi'ds it is Just now come into my head, that it
is not unlikely but that M' Morris, who is gone over
may say, that there was sent a Sergant with a file of
men to stop him, so farr from it that I do assure you
my Lords, if he had sent to me for a pass to goe for
England I would have readily have granted to him
your Lordships well know that desersion is very com-
mon where there are Soldiers and often they desert
and get on board Sloops and ships that goe from hence,
a Cap" mist a man, and found that he had deserted
and had intelligence, that he went to the Hook on the
Jersey side in order to gett on board Capt" Payter, the
Capt" himself saying two or three days before there
had been a man bargaining with him for his passage
upon which the Cap" sent down a Sergant with a file
of men in order to take him in case he should attempt
to goe on board at the Hook this my Lords is the truth
of the whole matter
I am my Lords with the greatest respect Imagi-
nable Your Lordships most obed* and most
humble Servant
W. Cosby
New York the 7 Dec'" 1734.
To the Lords of Trade
Petition against an Act of the New Jersey Assemhty
regulating Fees, etc.
[From P. R. O. B. T. New Jersey, Vol. IV, F, 2]
Peticbn for a Report against the New Jersey Act
for the better enforceing an Ordinance, &c.
404 ADMINISTRATION OF GOVERNOR COSBY. [1734
pass'd in August 1733 Rec? from Mr. Paris
7* 1734
To the Right Honourable the Lords Commission,
ers for Trade and Plantations.
The humble Petition of James Alexander, John
Chambers, Willam Smith, Joseph Murray, & Abra-
ham Lodge Esq'* of the Province of New Jersey in
America.
Sheiveth
That on the 13'." of August 1733. his Ma'^^ Governor
of Nev^ Jersey Sign'd an Ordinance for regulating Fees
in that Province, which was a very long one & was to
be printed & pubhshed afterwards,
Nevertheless so soon as upon the 16"' of the same
August, a much longer Act of Assembly was finally
Passed there reciting the said Ordinance at full length,
& bearing a Specious Title, namely, An Act for the
better enforceing an Ordinance made for establishing
Fees, & for regulating the practice of the Law.
That the said Act was not transmitted from New
Jersey till above Ten months after the passing, but
being at length transmitted, your Petic'oners instantly
attended the Councill to this Board with a great num-
ber of Objections to Every Single part of this Law,
ariseing Upon the face of the Act itself. And your
Petic'oners are informed that he has made some Report
upon the s'' Act to your Lo'pps.
That the s'' Act, notwithstanding its Specious Title,
is calculated throughout the whole, to prevent & deterr
every honest Creditor from Sueing for or recovering
his Just debts & punishes & discourages by all the
ways that could be invented, each person who shall
sue for his own, but at the same time gives all Sorts of
1734] ADMINISTRATION OF GOVKRNOR COSBY. 406
Encouragement delay & temptation to dishonest Debt-
ors to avoid paying their debts.
And is conceived to strip every Creditor, not only of
the Law of this Kingdom & his Birthright, but also
to take from them those very Security s for their debts
which their Debtors themselves had stipulated & ex-
pressly agreed to give them, to the great discourage-
ment of all Trade & Credit: And Contains man v other
unreasonable hardships
Insomuch that your Petn" are advised the Same
Act appears to be Passed, Contrary to 'Law, & to the
Governors Comission & Instrac'ons, & to be of a
most unusual & extraordinary Nature
That the s*^ Act has now been in force ever since
August 1733 (having no Suspending Clause therein)
And so long as the same continues in force your
Petn'? nor any other Creditor can safely sue to recover
their just debts.
Wherefore your Petn" humbly pray your Lordshipps
That you will please forthwith to take the s'' Act into
your Consideration And to Report the same to his
Majesty as proper for his Royal Disapprobation & Dis-
allowance, Or, otherwise, that your Petn'^'' may be
heard before your Lordships ag^ the s^ Act And your
Petn" shall ever pray
XMJOiUi
for the Petitioners
406 ADMINISTRATION OF GOVERNOR COSBY. [1735
Letter from Richard Partridge, Agent of New Jersey ,
to Secretary Popple — about Export Duty on Cop-
per Ore.
LFrom P. R. O. B. T., New Jersey, Vol. IV. F, 10.]
L'" from M"" Partridge in Vindication of the Act
laying a Duty on Copper Ore Exported to
the other Plantations'
Secretary Popple
The short notice I had for the defence and support
of y^ New Jersie Act Intituled an Act For the further
Support of the Government, would scarce allow me
time to be sufficiently prepared as I ought to have
been, and therefore I take the liberty to communicate
to thee some further observations that have since oc-
curred, but whether or no they may be in season I
shall submit to thy consideration, which areas foil.'
That they allways put Copper Ore up in Casks (as
Merchand') when they ship it off, & not in loose bulk
as they do Ballass.
That Ships of 100 Tuns burthen & under may load
with that Comodity, only putting a few light Goods
atop, as several have done and sailed for Bristol.
That Ships frequently go to Amboy from New York
to take in Casks of Copper Ore without paying any
duty, only giving Bond According to y'^ Act, and then
return to N. York, take in y'' rest of their Loading
' The objections of the Merchants of Bristol were based upon the fact as stated
in a letter from'Mr. Fane to the Lords of Trade that " when the Merchants cannot
get an opportunity of Exporting their Copper Ore directly from Jersey to Great
Britain they carry it to some of the Neighboring Provinces for that purpose; and
thei'ef ore the imposing of this duty is not only an Evasion of the Laws in being but
it is also highly prejudicial to the Trade and Navigation of this Kingdom,"— Ed.
1735] ADMINISTRATION OF GOVERNOR COSBY. 407
(provided they do not Land it) and proceed to Great
Britain.
That some Ships have loaded at Amboy with Staves
Timber &c and come with it directly to some Port in
y^ West of Engl"
The substance of these Informations I had lately
from Cap' Tho^ Smith y*" oldest com and' in the N. York
Trade now in London who I doubt not will Testifie
to the Truth of them when ever he is required.
And now as I conceive no Act of Trade is infringed
by our s^ Act nor any prohibition or duty imposed on
the said Ore coming directly from New Jersie, but the
Port there left intirely open & free for ye expoitation
of it from thence to Great Britain, I' humbly hope the
Lords of Trade will not Report their opinion to the
King in Council for repealing the Act.
Or if the Governo' should be directed to get it re-
pealed there I am. realy of opinion he will not be able
with all the Skill and Rhetorick he is capable off to
prevail with the People to re Enact the other parts of
it (alone) whereby y'* paym' of His Salary is directed
and appointed, which will in such Case therefore be-
come very precaiious and occasion a danger of his
being intirely deprived of that support which the
King could not but expect should be granted to enable
him to transact y'' Affairs in y" administration of the
Government there.
I have not yet had a Copy of the Bristol Petition
against the aforesaid Act I beg therefore thou w^ouldst
favour me vdth it who am
Thy Friend
R^ Partridge
Lond? 6*'^ ^ or Aug* y^ 6'," 1735
pray lay this before the Lords of Trade
M)8 ADMINISTRATION OF GOVERNOR COSBY. [1?35
Address from the Lords of Trade to the Queen —
relating to complaints made against James Alex-
ander, Lewis Morris and Rip Van Dam.
[From Official Copy in Rutherfurd Collection, Vol. IV, p. 41. J
To the Queens most Excell* Majesty Guardean
of the Kingdom of Great Britain and his
Majesty's Lieutenant within the same
May it Please Your Majesty
We have received a Letter from Coll Cosby His
Majesty's Grovernor of the Province of New York
dated the 6 of December last, in which he complains of
the Factious Disaffected and illegal behaviour of W
James Alexander, a Member of his Majesty's Councils
in New York and New Jersey, and Rip Van Dam Esq'
late Commander in Cheif and President of the Council
at New York, which complaints are Supported by
several Papers printed at New York, and by a Report
of His Majesty's Council there, transmitted to us upon
this Occasion by CoF Cosby
Col. Cosby acquaints us in his Letter that the said
Alexander, and his party, have set up a printing press
at New York, where the most virulent Libels, and
most Abusive Pamphlets, published against the Min-
istry and other Persons of Honour in England, have
been re-printed, with such Alterations as Served to
inflame the People against the Severall Branches of
the Legislature and the Administration in that Prov-
ince.
That factious Cabals are secretly held Severall times
a Week in New York, at which Alexander is always
Present, as Morris was before his coming Privately to
England.
1735J ADMINISTRATION OF (iOVEKXOK COSBY. 409
That a black and malicious Attempt hath been made,
by the said Alexander, against M' Harrison, a Member
of His Majesty's Council at New York, and a Person
of Sworn Loyalty by charging him with a Capital
Crime, of which he hath been fully acquitted by a
Committee of His Majesty's Council, and by the Grand
Jury in that Province, who refused to find the Bill
against him upon the Affidavits of the said Alexander
and one Smith, who acted in (concert with him upon
that Occasion.
That the said Morris, whilst President of the Council
in the province of New Jersey, Acted in the most
Arbitrary manner, having turned out severall loyal
Old Servants and Officers, without Consent of the said
Council, in contempt of His Majesty's Instructions, to
make way for his near Relations; that he hath Sat
and Acted as Chancellor, and made a Decree without
giving regular Notice or hearing the Partys concerned,
and that, nevertheless, he hath loudly declaimed, both
in New York and New Jersey, against his Majesty's
Governors, who have Sat as Chancellors Affirming
publickly that no Decrees of the Chancery, or any
other Court of Equity, were binding on the Subject,
and that his Majesty had no Right to Establish any
such Court in those Provinces.
Col: Cosby further Acquaints Us, that Rip Van
Dam, Morris, Alexander, and others of their party,
appear, by their behaviour, to be Disaffected to His
Majesty's Government, and are, daily, exciting the
People to Sedition and Riott; for which reasons we
take leave humbly to propose to Your Ma^'' that the
said Van Dam may be deprived of his Seat in His
Majesty's Council of New York, & the said J\Iorris of
his Seat in the Council of New Jersey, and the said
Alexander of his Seats in both those Councils, and
that John Moor and Paul Richards Esq""^ may be
appointed of His Majesty's Council in New Yoi'k, in
410 ADMINISTEATION OF GOVERNOE COSBY. [1735
the Room of Rip Van Dam and James Alexander, And
that Robert Lettice Hooper Cheif Justice of the Prov-
ince of New Jersey, and Joseph Warrell Esq- may be
appointed of the Council in New Jersey, in the room
of the afs'" Lewis Morris and James Alexander; the
said John Moor, Paul Richards, Robert Lettice Hooper,
and Joseph Warrell Esq""*" having been recommended
to us as Persons every way qualified to Serve his
Majesty in those Stations.
All which is most humbly Submitted
FiTz Walter
T. Pelham
Whitehall Aug' 28*'' 1735. R. Plumer
Ja. Brudenell.
From John Sharpe, Solicitor, c&c, to Secretary Pop-
ple, with his reasons for the non-ax^proval of an
act of the New Jersey Assembly of August, 1738,
for making £40,000 in Bills of Credit.
[From P. R. O. B. T. New Jersey, Vol. IV. F, 13.]
Reasons humbly submitted to the Considera-
tion of the Right Honourable the Lords
Commissioners for Trade and Plantations
Against
An Act passed in the Province of New Jersey
on the 16*?" of August 1733 Entituled an
Act for making 40000^ in Bills of Credit
First For that the said Province of New Jersey have
heretofore Issued out (;0000£ of Paper Bills of Creditt
30000£ whereof are still subsisting and by so great an
Increase of Paper Credit as 40000£ more which is
1735] ADMINISTRATION OF GOVERNTOR COSBY. 4L1
created by this Act the Credit of the former Bills is
greatly lessened as the Security for calling in the said
Bills is by such an Addition of Paper Credit greatly
diminished for tho' some of the old Bills of the Prov-
ince were before the making of this Act in Advance
above the Bills of Credit of its Neighbouring Province
New York and might have held their Credit if due
Care had been taken about the Fund setled for sinking
the same and their Intention to decieve the Merchants
trading with them had not appeared in their desire to
add such a large Sume in Additional Paper Bills yet by
such Addition their old Bills are now hardly at a Par
with those of New York the Merchants and Traders
being very unwilling to receive 'em in payment for
their Goods or in discharge of their debts owing them
by the Inhabitants of New Jersey and it has been
observed that since the passing of this Act the Inhabi-
tants of New Jersey preferr the Bills of New York to
their own.
It is also material to observe that the Inhabitants of
New Jersey are very greatly Indebted to the Merchants
who deal with 'em and as they cannot have these Bills
of Credit out of the Province Treasury or Loan Office
but by mortgaging their Lands for the same, and upon
failure of payment to their Loan Office their Lands are
gone and they are deprived of that Estate upon the
Credit of which they were so considerably trusted by
the Merchant, and the Merchant has nothing left to
resort to but these Bills of Credit Avhich are of very
httle if any Value to the Mei'chant as they have no
Currency any where but in the ProAince of New Jer-
sey and consequently the Merchants their Creditors
when they have received the same have no way to
circulate 'em not being able to buy Merchandize with
the same in New Jersey to make returns to Great
Britain, so that should this Bill pass it must inevitably
cause great and grievous Damage to the Merchants
413 ADMINISTRATION OF GOVERNOll COSBY. [1735
and prove the Ruin of many of 'em who have ahnost
their all due in New Jersey and imediatly sink their
Bills to at least 30£ P Cent less than those of New
York, It is therefore humbly hoped their Lordships
will not advise his Majesty to give his Assent to an
Act for striking so much paper money which would so
grievously hurt many of his Loyal Subjects and in the
End prove of Infinite Damage to the Province itself.
2'*-^^' By this Act the Bills of Credit thereby made
current are made Obligatory to be taken in all Pay-
ments and Tenders between Man and Man for 16
years and are yet made Obligatory in payments to the
Comissioners and Treasurer in the Act menc'oned but
for 6 months only which is very unequal and unrea-
sonable and tends greatly to the discredit of these Bills.
grdiy ^ Tender of these Bills is by this Act made
effectual in Law for the paym^ or discharge of any
debt which by contract entered into previous to the
said Act was mutually stipulated between the Parties
should not be paid in Bills of Credit but should be paid
in Sterling money or in Silver money of America or
any other Species Gold Silver or Plate which is very
prejudicially to affect private property by an ex post
facto Law and for the Legislature to dissolve and
release Parties from the Contracts they have entred
into and to make new Contracts binding between
Party and Party not only different from but directly
the reverse of what they entred into between them-
selves contrary to the Law of the Land and the reason
and nature of things and is exercising a Power never
attempted by the Legislature here and which in the
Consequence of it is destructive of all Faith and Com-
erce between Man and Man as it makes any Agree-
ment or Contract they may enter into precarious and
incertain.
4"'' ■ By this Act the Penalties inflicted on those who
offend ag- the Provisions of it are not mentioned and
1735] ADMINISTRATION OF OOVEKNOR COSBY. 413
incerted in the Act itself as they ought to have been
and are no otherwise ascertained than by reference to
several former Acts, which is too loose and uncertain
a manner of Inflicting Penalties of any kind especially
of a severe nature as these are.
5"?'^ By this Act if any Person shall ask a greater
price for anything by him her or them offered to sale
or shall do any other Act Matter or Thing to lessen
the Value of the Bills such Person is made lyable to
the same penalties as one who refuses to take 'em in
payment at all or even as one who counterfeits those
Bills. Which is a most unreasonable and unequal
Provision as it makes no difference in the Degrees of
Punishm' between refusing to take the Bills in Pay-
ment and counterfeiting the Bills tho the difference is
so vastly great between one Offence and the other, and
as it Inflicts the same punishment where there is no
Offence as the highest Offender is lyable to, for it can
hardly be considered as an offence to ask a greater
price for any Comodity than a Person will take and
yet in such a Case the Seller of the Comodity is lyable
to the same Penalties as if he had been guilty of forgo-
ing the Bills themselves — And the subjecting a Person
to the same penalties as guilty of forging the Notes
for asking a greater price for any thing by him offered
to sale or for doing any other Act Matter or Thing so
as to lessen the Value of the Bills is subjecting the
Subject to penalties in so loose general and uncertain
a way that the most Innocent person may be lyable to
be ruined and undone
By this Act if a Person be Indicted for Counterfeit-
ing any of these Bills th<> the Fact be alledged in the
Indict m^ to be done in any one certain place and on
the Tryal the Fact be not proved as laid, yet if the fact
be proved to have been done in any other place thu not
in any County of the Province or within the Province
It is Enacted that the Party shall suffer in such and
414 ADMINISTRATION OF GOVERNOK COSBY. [1735
the same manner as if the Fact was alledged and
proved to have been done in some County of the
Province and the Jurys on the Tryals of all such
foreign Actions shall be returned from the Body of
the County of Burlington and Middlesex or one of
them.
This part of the Act is concieved to be highly unjust
in it self, and directly contrary to the Laws of Eng-
land, no Person being lyable by the Laws of England
to be tryed for an Offence of this nature committed
out of the Kingdome
And it is most unreasonable that when a Person is
charged in his Indictm- with having comitted a certain
fact in a certain place and is prepared to make his
Defence accordingly that Evidence should be given of
his doing it at another place of which he had no
Notice and consequently could not be prepared to
make his defence and from which if he had had pre-
vious Notice he might have been able to have freed
himself and shewn his Innocency —
It is likewise highly unreasonable that a Fact of this
Kind should be tiyed in any other manner than by a
Jury of the C^ounty in which the Fact is charged to be
comitted and the depriving the Party accused of this
benefit is to deprive him of the right he is Entituled to
by the Law of the Land. It being the Birth-right of
every Englishman to be tryed by a Jury of the Neigh-
bourhood where the Fact is supposed to be
There seems likewise to be an Inconsistency in this
Clause of the Act the beginning of the Clause requir-
ing the Indictm* to alledge the Fact to be done where
in truth the same was done and yet in the following
part of it declaring if the Fact be proved to be done in
any other place it shall be sufficient
The Clause to prevent Frauds of Executors or
Administrators is in no respect calculated to answer
that end and is an unintelligible as well as unneces-
1735] ADMINISTRATIOK OF GOVERNOR COSHY. -ilo
sary Provision it seeming to be calculated with a View
to put an Explanation and Construction upon Wills
thereafter to be made and to be declarative of the
Intentions of Testators in Wills thereafter to be made
which is an absurd Attempt and no ways the Office of
the Legislature And the Act likewise lays a Restraint
on the Executor from permitting a Sale to be made of
the Mortgaged Premises and disables the Executor
from making any Conveyance thereof from the
Devisee in case of a personal Estate sufficient to pay
the Debts of the Testator whereas by the Law of the
Land an Executor or Ad'strator as such has nothing
to do with or any power over the Real Estate of his
Testator but only over his personal Estate
The Clause in relation to a Mortgagors dying Intes-
tate and to oblige his Heir at Law to make good
deficiencys tends greatly to weaken and destroy the
Fund made for the sinking and paying off the Bills of
Credit as it in effect discharges the mortgaged Premises
in the hands of the Infant Heir from being lyable to
the payment of the money due on the Bills for which
the same was made a Security and instead thereof
only makes the Infant Heir personally lyable on his
attaining 21
For all which reasons It is humbly hoped the Lords
Comissioners of Trade and Plantations will see suffi-
cient cause to advise his Majesty to repeal the s? Act —
416 ADMINISTRATION OF GOVERNOR COSBY. [1735
Reply of Richard Partridge to the objectiofis of
Solicitor Sharpe to the New Jersey Act for
snaking £40,000 in Bills of Credit.
[From P. R. O. B. T., New Jersey, Vol. IV, F, 14.]
A Reply to the Reasons alledged in behalf of
Severall Merchants of Bristol [by John
Sharpe Solicitor]
Against
An Act passed in the Province of New Jersey
August 16. 1733. Entituled An Act for
. Making £40000. in Bills of Credit. '
1 Obj. The Substance of the first Objection is, That
Such an Increase of Bills of Credit as £40000, whilst
£30000: of former Emissions is Still Subsisting, must
lessen the Credit of former Bills, because the Security
for recalling those Bills will be greatly diminish'd.
Reply. Its hard to concieve in what Instance, this
new Emission can possibly Affect any former Security
for recalling the Subsisting Bills of Credit. The Ob-
jection would have some Colour: if the Act in question
had repealed former Acts of Emission, or had pro-
tracted the Periods for Sinking the Oiitstanding
£30000, But when the Act in every Clause confirms
and corroborates all former Acts of Emission, and
makes Still more effectual provisions for recovering
the Bills upon Loan at their Stated periods. The
Objection can have no ground or Colour at all: The
Act considers the Neglects and Deficiencies of former
> Richard Partridge under date of August 13th, 1735, presented to the Board of
Trade his reasons in support of five clauses objected to by Mr. Sharpe. It is thought
unnecessary to print the article, as this covers the whole ground. — Ed.
1735] ADMINISTRATION OF GOVERNOR rOSBY. 417
Loan Commissioners, provides for the Election of Nevi^
Conlmissioners to inspect the Mismanagements of the
Old and invests them with pow^er to demand all for-
mer Bills of Credit, and upon their default, they are
made Subject to the same pains and Penalties as in
former Acts directed: The Act has expressly taken
Care, that the Old Securities shall not be weakned by
any Loans upon a Prior Mortgage, for it enjoins the
Commissioners to examine the title and value of the
premises otfer'd in Mortgage, and to See that
the Lands are free of all Incumbrance s, by M^hich
Clause they are absolutely restrain'd from lending any
New Sums, upon a Mortgage Subject to the payment
of any of the Old Bills of Credit. The Argument
drawn from the fall of Credit of the New Jersey Bills
in the Province of New York, does not in the least
Support the point of the Objection; " that a New
Eniissio)! will Affect the Old Securities;'''' For then
the Case must be the same in Philadelphia where the
New Jersey Bills have obtain'd an Equal Currency,
and it is not pretended that they have lost any part of
their Credit in that Province; which they must have
done, if the Old Securities were by this Act made
liable to Diminution: Credit in many Cases is Arbi-
trary, and often depends upon Fancy and humour, and
as the Province of New Jersey is under no Injunctions
to make Money for New- York, or any of their Neigh-
bouring Provinces, but only for the Support of theii-
own Trade and Government, so they can no ways be
Answerable for the defect of Credit (if there is any) in
any other Province than New Jersey itself: All other
Provinces had their Election at first to recieve the
Bills of Nevv Jersey, or not as they thought proper;
and their recieving them in Other Provinces: and the
Credit they gain'd in New York above the Bills of their
own Pro^dnce is an indis])utable Argument, of the
Validity of the Fund for sinking tlie Bills and the
;>8
418 ADMINISTKATION OF GOVERJfOK COSBY. [1735
great Opinion of it in those Provinces and this Act has
not at all Alter'd the Case, for there has been no New
Emission in Consequence of it nor can there be till the
Act recieves his Majesty's Approbation: So far is the
Province of New Jersey from any Intention by this
Act to decieve the Merchants trading with them; that
it's plain they have taken Care to confirm their hopes
& to Strengthen the Securities, for where the Mort-
gages are found deficient, the Sums due upon them are
to be levied upon the Several Counties of the Prov-
ince The New York Bills have obtain'd their Credit
upon the Strength of the New Jersey Bills in the time
of their full Currency, and now the Periods are ad-
vancing for Sinking all the Old Bills, it's no Wonder,
they begin to lose their Credit in New York, and that
the People of New Jersey now prefer the New York
Bills to their own; And this will continue to be the
Case should there be no Emission, for by the Circula-
tion of the New Jersey Bills in the Provinces of New
York and Philadelphia New Jersey has been drain'd
of More than two thirds of their own Specie, that
they have now Scarce any Medium of Commerce left
with their Neighbours, or Trade among themselves,
and it is almost out of the Power of the Borrowers or
Mortgagors, to discharge their Engagements (which
are for the Same Species) in the Loan Office: so that
the very mischief complaind off, the not Sinking the
Old Bills, can't possibly be remedy'd without greatly
protracting the periods, or an Immediate Emission of
More :
In Answer to the Observation upon the Debt of the
Inhabitants of New-Jersey, to the Merchants dealing
with them. Its plain. That Lands can never be the
Medium of Trade, and it's difficult to imagine that the
Merchants should with their Eyes Open carry on a
Commerce with a Country that can yield Em no re-
turns, and that they have all along reap'd no profits,
1^35] ADMIXISTRATTON OV (iOVRKXOK COSBY. 411)
found no Account in their Traffick, and have plac'd
their whole Confidence in the Lands of their Corre-
spondents; audit can hardly be thought that they were
not Sensible till this juncture, that the Bills of the
Province w^ould be of no Use to them, and that All
their Trade to New Jersey for Want of Merchandable
Eeturns was insignificant and to no purpose: But if
the Merchants have plac'd their Confidence in the
Lands, it's impossible to See how this Act will in the
least disappoint them : For if the Lands are in Mort-
gage to the Merchants, The Mortgagors can never bor-
row of the Commissioners upon the Credit of those
Lands, for the Act directs the Loan Commissioners to
give publick Notice of their Intentions to lend, that
prior Mortgagees may come in & prove their Claims;
and the Lands are to be free of all Incumbrances, and
it can never be denied that a Prior Mortgage is an In-
cumbrance; so that the Lands mortgag'd to the Mer-
chants will (notwithstanding this Act) remain liable to
foreclosure, upon Non-payment of the Principal and
Interest of their Debts: But if the Lands are not in
Mortgage to the Merchants, their Confidence is merely
Imaginary, and its impossible they should ever resort
to the Lands at all, as long as their Correspondents
continue to make them the Tender of their Debts in
the legal Currency of the Province; the Repeal there-
fore of this Act can put 'Em in no better Circumstances
than they were, before the Act had any Being; unless
the Merchants mean to have all the Money of the
Province sunk at Once, in Order to make the Lands
of Necessity liable to the Discharge of the Contracts,
and so to render the Condition of their Debtors des-
perate and Irretrievable: — In this part of the Objec-
tion its' alledg'd That the Bills of New Jersey have no
Credit or Currency at all in the Neighbouring Prov-
inces or in any Other Place besides New Jersey itself;
which does not seem to coincide with the fii'st part of
420 ADMIXiSTRATiON Of GOVERNOE COSBY. [1735
the Objection, for there, the Bills of New Jersey had
obtained a Credit in New York even beyond the Bills of
their own Province. Both parts can't possibly be true;
But if the Bills of New Jersey have a Currency in the
Neighbouring Provinces (as it is plain from the pre-
amble of the Act, and. from the preceding part of the
Argument in behalf of the Merchants they have) then
Altho' it should be granted that New Jersey can yield
the Merchants no Keturns, Yet with the New Jersey
Bills they may purchase Merchandable Comnioditys
either in New York or Philadelphia, and with them
make remittances to Great Brittain: There can be no
imaginable Prejudice then to the Merchant by this Act,
should it recieve the Royal Approbation, but if there
should be any, As the Merchant must have been ac-
quainted before with the Circumstances of the Province,
and the Medium of their Trade, so the Traffick He
maintain'd was entirely Voluntary, and consequently
it would be hard to reheve a few private Gentlemen at
the Expence & Ruin of a whole Province, or the far
greater part, Who have never been concern'd in Com-
merce at all; for the Husbandman and other Labour-
ers, must all be laid open to the most grievous Distress
and Irretrievable Calamity, if the Subsisting Bills
should be sunk without this new Emission to Answer
the pressing Emei^gencies of the Province. It's there-
fore humbly hop'd that their Lordships will advise his
Majesty to give his Assent to this Act in order to pre-
vent the fatal Consequences that must inevitably attend
the repeal of it, to many of his Loyal Subjects, and
expose a whole Province to Ruin.
Reply io 2"'^ Objec: The Second Objection is grounded
upon a Mistake & Misunderstanding of the Words and
meaning of the Act itself, for the Act is not so un-
equal and Unreasonable as to make the Bills of Credit
obligatory in all payments and Tenders between Man
and Man for Id: Years, and yet to be obhgatory upon
1735] ADMIXISTRATION OF GOVERNOR (OSliV, 4;i I
the Commissioners and Treasurer for H Months only,
from the Commencement of the Act; But the Clause
has a directly different Intention, and in Order to i)re-
serve the Bills in greater Credit, very reasonably and
equally provides That " The Bills of Credit shall be and
continue Current for and during the Term of 16 Years
"(from the date of the said Bills) betv^een Man and
''Man, but by the Commissioners and Treasurers of
"the respective Divisions of the Province they shall be
"recieved for ('» months hereafter (clearly meaning
"for 6 Months after the Expiration of the Term of 16:
" Years) and no longer; " That the Clause is calculated
to guard against any Surprize upon the Inhabitants
when the Term is expir'd: and gives the Bills Credit
with the Treasurer and Commisssioners for 6 Months
longer than with private Persons —
Reply to the 3'' Objec: The Clause relating to Tender
is of Absolute Consequence to the Credit and Cur-
rency of the Bills of New Jersey, For, To make the
Bills current, and yet to leave all persons at Liberty to
accept or refuse them in Tenders as they think proper
is in Effect to establish the End without the Means:
And Altho' the Act, has a retrospect to aU past Con-
tracts, yet it Obliges the Creditor to no more, than
what He would have been bound to, even at Common
Law, by former Acts of that Province, and by the
Reason and Policy of every Civil Government: It nurst
be granted, That Parties have no Original Right to
Stipulate Contracts in Contradiction and defyance of
the Laws of a whole Community, For it's a Universal
Maxim, and must extend to all Political Constitutions
" Conventio privatorum juri publico nunquam potest
''derogare." And it's plain, that Contracts of this
Nature fly in the Face of the Province & the Legisla-
ture there, for whilst former Acts of Assembly. Ap-
proved by his Majesty, have declar'd (in the Same Man-
ner as the Act in Question ) That the Bills of the Pro v.-
422 ADMINISTRATION OF GOVEEXOR COSBY. [1735
ince shall have Credit and be current with every
private Person, and shall be accepted in all Tenders
whatever; These Contracts declare That They shall
have no Credit, shall not be current, and that a Tender
and Eefusal of them shall not be a Legal Payment: It
can hardly be alledg'd at Common Law, That an
Obligor to a Bond, condition'd for Payment in foreign
Coin (& with respect to New Jersey 'All Money except
the Current Bills of the Province must be deem'd for-
eign) should not at the Day of Payment be at Liberty
to make Tender Moneta Legahe Anghse, And that a
Eefusal of Such a Tender would not amount to Pay-
ment: The Language of the Reports and Lavv-Books
is quite otherwise, and in Davie's Reports Fo. IS. its
expressly declar'd, That .if a Feoffment upon Condition
(or Mortgage) is made at a Time when a purer or more
Weighty Metal is current, and before the Day of Pay-
ment, Coin of a Baser Alloy is establish'd by Procla-
mation, The Mortgagor shall be at Liberty to make
Tender of the baser Coin, and it shall be good, tho' the
Contract was made while a more valuable Money was
current, and the Creditor depended upon Payment in
the Same Specie: The Law is by no means ex post
Facto, because former Acts as effectually establish'd
the Credit of the Subsisting Bills, and as much oblig'd
all Parties to accept them in Tenders, as the present;
and If Contracts have been enter'd into, since the
making of former Acts, to the Exclusion of the Cur-
rent Money of the Province in Payments, Such Con-
tracts can hardly be thought Valid, and Originally
binding upon the Obligor, as they are directly Opposite
to the Laws of the Province, & ' ' Quod contra Legem
"factum est pro infecto habetur." This Clause of
Tenders is merely declaratory of former Acts and of
the Law of New Jersey in Other Cases, or rather the
Clause has no Operation at aU, since former Acts are
Still in Being, and this Clause makes no new Provi-
1735] ADMINLSTRATIOX OF GOVERNOR COSBY. |:?3
sion. and does but express What formei- Subsisting
Acts had done before; and what is imply 'd in the Very
Consent of the People by their Representatives to the
currency of the Bills, or in the Authority of that Legis-
lature to give them a Credit and Circulation: "Ex-
pressio Eorum quae tacite insunt Nihil Operatur."
The Clause can't be said to establish any New^ Con-
tract between Man & Man, or to release Parties from
Contracts they had enter'd into previous to the Act it-
self, but the Obligees (doubtless from an Advantage
Over the Necessities of their Obligors) have obtain'd
Bonds condition'd for payment in a particular Specie
to the Exclusion of the Current Money of the Prov-
ince contrary to the Law of the Land, to the Reason
and Nature of things: and which, should they once
bind, must bring their Money into Absolute discredit,
and from the great Scarcity of Silver, Gold & other
Coin in the Province, throw the Debtor into inex-
pressible Difficulties, and make it impossible for Him
ever to discharge his Contract: The Nature of the Con-
tract remains the Same (even upon Supposition that
former Acts had not made the same Provision for
Tenders as the present) for the Clause does not make
a direct Condition of the Bond collateral to the Bond
itself: It only requires that Parties shall recieve law-
full Money in Lieu of Lawfull Money; Tliat instead of
Seventeen Ounces Ten Penny Weight of Silver, they
shall recieve Six Pounds equall to Seven Ounces Ten
penny Weight of Silver; and if this is to Change the
Nature of Contracts then All Acts of Parliament and
Proclamations here that make foreign Coin the Cur-
rent and Lawfull Money of the Realm: change the
Nature of previous Contracts, for there i-an be no
Doubt that a Tender of Such Money will be good in all
payments, even of Stipulations before those Statutes
or Proclamations: If a Refusal of these BiUs, in ])rivate
Contracts should be allowxl, it must be destructive of
424 ADMINISTRATION OF GOVERNOR COSBY. [1735
the publick Faith, and the Medium of Commerce in
that Province and render their C^redit with the Inhabi-
tants entirely precarious and Uncertain.
Reply to the 4*?" Objec: Tho' the Penalties are
inflicted by Reference to precedent Acts, yet they are
in no respect loose and Uncertain; and the Legislature
here have in Several Acts of Parliament inflicted
Penalties by Reference to precedent Statutes: The Sole
Reason why the Law requires Penalties to be certain,
is, That Offenders may never plead Misconusance or
Ignorance, But it can scarce be Urg'd, That an
Offender or Criminal would ever be permitted to plead
Ignorance of a publick Act or Statute, in Being; to
which All the People are Parties, and gave thek Con-
sent by their Representatives: If therefore former
x\cts of New Jersey to which the present Act refers,
have their Being and remain unrepeal'd, they continue
(as they were before) Publick Laws under the Consent
of the whole Province by their Deputies, whereof all
Persons are bound to take Notice, & always suppos'd
to be conusant, & therefore can never plead Ignorance;
so that if the Penalties are sufficiently ascertain'd in
the Acts to which this has reference, the Inhabitants
must be fully acquainted with the Nature of those
Penalties, and can never be said to Offend ignorantly:
It is not pretended that this Act repeals former Acts
of Emission for as it is entirely in the Affirmative &
has no Negative Clauses, but Several Continuing ?nd
confirming Ones, The Rule of Law respecting Acts of
ParHament, must hold in relation to these Acts of
Assembly, " That an Act in the affirmative shall never
11 Co' 63 b I'^P^al or Abrogate a precedent affirmative
Dr. Fosters Statutc:" Aiid the very reference of this Act
^^^' to former supposes their Continuance: —
Acts of Parliament have frequently inflicted Penal-
ties by reference only to precedent Statutes in Being,
without Specifying the Penalties, or any other Ascer-
1-735] ADMINISTRATION OP (iOVERNOR COSRV. 435
taiuing than by those Acts to which the Subsequent
Ones refer: By 37 Hen': 8: eh: 2o. Sect. 2. A Penalty
is inflicted upon all Persons who should sell Wines at
any Other than limited Prices, by Reference only to
the 2S Hen: S: ch 14.— By 8 Geo. 1. ch. 18 Sect ?22.
Copper Ore is made an Enumerated C-ommodity under
the like Securities, Pains and Penalties, as are provided
by 12 Car'. 2. ch. 18. Sect' 18—25 Car'. 2. ch 7. 3 & 4'"
Annse. ch. 5. Sect' 12 and all the Penalties of those
Acts are of a Severe Nature, and yet they are no
otherwise ascertained in the Body of the Act that
inflicts them, than by reference to the Several Statutes
recited: The manner therefore of inflicting these
Penalties is in no Sort loose and Uncei-tain, for the
Act does but continue those penalties which were
inflicted by former Acts, and were well known to
every Member of the Province :
Reply io o^^ Objec': This Act does not Subject Per-
sons who shall lessen the Value of the Bills by inhans-
ing the Market Prices of Commodities, to the same
Penalties, as those who refuse the Bills in Tenders or
Counterfeit them; For the Act does not connect the
Crimes, But the whole Clause is in the disjunctive,
and provides that All the Offenders shall bo subject to
the same Pains Penalties and Forfeitures as in respect
to the former Bills by the said former Acts are recited;
so that if former Acts inflicted Separate Penalties
Separate degrees of Punishment, for the Several Sepa-
rate Crimes, this Act in Consequence of its Reference
to the former, does the same, and can never be taken
to inflict equall degrees of Punishment, by enacting,
that All the Offenders shall be punish'd in the same
Manner as by former Acts directed: Its' undoubtedly
the Office of every Legislature to preserve the Credit
of publick Money, the Sinews of all Government, and
to restrain Persons from bringing it into Contempt,
either by Counterfeiting, Refusing in Tenders, or by
426 ADMINISTRATION OF GOVERNOR COSBY. [1735
extending the Prices of Commodities beyond the Usual
and Stated Markets: Lessening the Vahie is the Crime;
Forging Refusing in Tender, Inhansing the Prices of
Goods, are but the Several Ways and Methods of
lessening the Value: If the Position advanc'd in the
Objection, ''That Raising the prices of Commodities
"ad libitum of the Seller, is hardly to be consider'd as
''an Offence," was to prevail; The publick might be
prejudic'd, and the Poor Oppress'd at Pleasure; &
Such an Uncertainty in the Value of Goods must pave
the Way to Universal Want and Penury; For if the
Purchaser has not Substance sufficient to reach the
Despotick Demands of the Seller, He must Starve for
Want of Common Necessaries: And All the Laws and
Statutes in Being against Monopolies, Regrating,
Ingrossing and forestalling of Markets, would become
Useless and Insignificant, for their Sole Design is to
guard against Oppression of the publick by inhansing
the prices of Commodities; and the Law according to
Lord Hales in his Pleas of the Crown Fo. 152, Stiles
the Very Attempting to raise the prices of Merchan-
dize a kind of forestalling the Market; And to preveut
Such an Attempt Acts of Parliament have in frequent
Instances Stated the prices of particular Commodities,
as Wines &c:' — The Roman Law has distinguished it
with the Name of Crimen Annouce fraudatce, and the
Lex Julia Inflicted a Severe penalty upon the Offender;
And Among the Athenians it was Crimen Capitas to
Suppress the Sale of any Commodity, and to ask a
greater price than Any Pei-son can afford to give is in
effect to Suppress the Sale of the Commodity itself:
The Crime is double as it is both an Abuse of the
Market, and depreciates the very Medium of Traffick
and Commerce: The Objection indeed artfully alledges
that it can be no Offence to Ask a greater i)rice for a
Commodity than a Person will give; But when the
price of a Necessary Commodity is advanc'd to such a
17351 ADMINISTKATIOX OF (iOVKKXOH COSBY. 4"2T
heighth as absolutely to impoverish the Purchaser if
He Strikes the Bargain, and to plunge Him into the
Utmost extremities and Famine itself, if He does not;
In such a C-ase it can't he said that the Purchaser has
his Election, for let whatever be the Price, there can
be no doubt under the Dilemma, that He will rather
chuse to take the Commodity, than to Starve : —
In Answer to the Objection to the Manner of Trials
instituted by this Act; Its' certain, that All Trials are
to conform to the Nature of Offences: Counterfeiting
of Bills is a kind of transistory Crime, and may be as
well committed, & with much more Secrecy out of the
Province than in it, and if Only those who forg'd Bills
within the Province should be Uable to the Penalties
of the Act, it would in effect give Licence to Counter-
feit the Bills in a different Province, and then tho'
they should come and Utter those very BiUs in New
Jersey, if they are to be indicted only in the place
where they counterfeited them, they must pass with
Impunity: The Legislature here have frequently
Adapted the Manner of Trials to the Nature & Quahty
of Crimes; and directed Criminal & CajHtal Prosecu-
tions for Facts committed out of the Realm: — By 35.
Hen. 8: ch: 2. Treasons, Misprisions and Concealments
of Treason, committed in any foreign Dominions, are
made triable by the Kings Conimissionei's or in tiie
Kings Bench in England— By the 1 & 2" of Philip &
Mary. ch. 11. If any Person counterfeits Money out
of the Realm, and brings it into England, it is a
Treason for which the Offender is triable bv Commis-
sioneis or the King's Bench; and yet in these Cases
the Life of the Subject is concern'd, that a Jury of the
Neighbourhood must be of infinite more Consequence
to Him, than where his Property only is in Danger:
The Seeming Inconsistency complain'd off in this
Clause is easily clear'd up, and the plain Meaning is,
That If the Fact is alledg'd in the Indictment to be in
428 ADMINtSTKATIOX OF GOVEENOK COSBY. [1735
a particular place or County, and upon Evidence it
Appears to be done in another Place or County, and
the Party is fully convicted of the Crime; The Convic-
tion shall not be Void, nor Judgment Arrested for
Want of Alledging with Nicety the Place, where upon
Proof the Fact appears to have been committed: —
Counterfeiting is the Substance of the Indictment: the
Manner, the time and the place are mei'e Circum-
stances; and if the Party is clearly convicted, Place &
Every thing Else are quite immateiial: — By the
Conviction its justly presum'd that the Defendant
could not have clear'd Himself of the Crime, tho' He
might possibly have prov'd that He did not commit
the Crime in that particular place which the Indict-
ment Alledg'd, and even in that Case He must be Sub-
ject to a New Indictment—
The Clause to prevent Frauds of Executors &
Administrators is a clear, intelligible and necessary
Clause, calculated to restrain Executors and Adminis-
trators from taking the Surplus of the personal Estate
to their own Use, in Cases where their Testators have
devis'd away the Mortgag'd Premises, till they have
discharg'd the Mortgage after payment of Other Debts
and Legacies: The Clause is in SupjDort of the Wills
and Intentions of Testators, and provides for the dis-
charge of the Mortgage with the Surplus of the
personalty in Aid and Benefit of the Devisees, and
without such an express Clause, the Profits of the
Mortgaged Premises would still remain Subject in the
hands of the Devisees, contrary to the plain Intent of
the Testator to the payment of the Loan Debt, and the
Executors could not be compell'd to redeem the Mort-
gage, but would become possessed of the Surplus in
Fraud of the Devisees: Courts of Equity here have
indeed apply'd the personal Estate in favour of the
Heirs at Law (after payment of Debts and Legacies)
to exonerate the Mortgage, but as this can't be the
1 ::'..") I ADMINISTRATION OF 'iOVEKNOft COSin . 4^0
caso in New Jersey whei-e they have no Courts of
Equity, it becomes necessary for the Legislature there
to provide for an equitable Construction of Wills in
the Courts of Common Law, and especially where they
affect the Securities of the publick Money of the
Province: Xor is there the least Appearance of
Absur(hty in such an Attempt for the Act don't frame
Wills, nor make any Construction upon the Face of
them in prejudice of the Testator's Intention, but all
along in Support of it, & under this Limitation, " That
" the Intent of the Testator be not otherwise expressed,
"That the Devisees themselves shall discharge the
"Mortgage:"' The Legislature here have in many
Instances put an Explanation upon Wills, and the
Stat' of the M & ;-55 Hen: s: chap. 5. Entituled A Bill
concerning the Explanation of Wills, is throughout, a
Statute declarative of the Intentions of Testators:
The Clause restraining Executors from permitting a
Sale of the Mortgag'd Premises, plainly means. That
If Executors will not Apply the Surplus of the per-
sonal Estate so as that the Devisees must be oblig'd to
Sell the Mortgag'd Premises, in order to discharge the
Mortgage, which would be a permission of the Sale in
the Executors, that then the Devisees shall recover
double Damages of the Executors, which is the Appa-
rent Sense of the Act from the Words of the Clause,
If the Executor or Executors having Sftjp'ciei/f Effects
shall permit &c' — The Succeeding Clause disabling
Executors from making any Conveyance of the Mort-
gag'd Premises is only (as appears from the express
W^ords of the Act) in Cases where the Executors shall
become Purchasers of the Mortgag'd Lands, That they
shall be Seiz'd for the Use of the Devisees, and All
Subsequent Conveyances shall be held fraudulent and
Void against Such Devisees: — It is therefore humbly
hop'd That this Clause is in every \)'^ivi Consistent,
Intelligible, and tending to prevent Frauds of Execu-
tors, and to preserve the Intentions of Testators: —
430 ADMINISTEATION OF GOVERNOR OOSBY. [1735
The Clause in relation to a Mortgagors dying Intes-
tate, and Obliging his Heir at Law to make good
Deficiencies, has no sort of Tendency to weaken the
Security for Sinking the Bills of Credit: For, if there
be a Surplus of Personal Estate, that and the Profits
of the Mortgaged Premises are to be Apply'd immedi-
ately in Exoneration of the Mortgage; But if the
personal Estate and Profits are not sufficient the Heir
at Law when he Attains 21: is to make good the
Deficiencies with Interest, and if He does not, The
Lands in Mortgage are of consequence subject to fore-
closure; The Clause, in favour of Infants and heirs at
Law, of whom Courts of Law and Equity have always
been tender, does but suspend the foreclosure of the
Mortgage, till the Infant is of Age & can inspect his
Affairs with Judgment and Discretion, and then in
Case of Deficiencies, by the Words of the Act, He is to
be compell'd to make 'Em up with Interest either per-
sonally or by Sale of the Mortgaged premises:—
For all which reasons and in Consideration of the
excellent Fund establish'd for the Security of the Bills
to be emitted. It is humbly hop'd that The Lords
Com'issioners for Trade and Plantations will See
Sufficient Cause to advise His Majesty to give his
Royal Approbation to the Said Act.
The foregoing has been drawn up by my Councel
learned in the Law and is humbly Submitted —
RichP Partridge
Lond° s''^"- y ii^" 17:55
1T35J ADMIXISTKATIOX Ul" GOVEUXOIl COSBY. 431
Letter from Robert Hunter Morris to James Alex-
ancle)-.
IFroin Original in Unrlu-rfin-rl i 'ollcction. Vol. IV, j). (2.1
[Westminster October y^ 1 «^^ 1 735 1
Dear Sir
I was the other day in the City and was there told
that Cosby had removed three of the Councill of New
York from their seats at that Board this account sur-
prised me not Having Heard the least roomer of it
before and I imagined it was done at New York for
some new Cause to ine unknown, I went Directly to
Paris to know if He Had Heard anything of it and
whether he had Entred Caveats in the several! offices
to prevent their removal from being confirmed here?
He told me He had Heard Just as much of it and in
the same manner that T had but intend'! to Enquire at
the Plantation office to know if any thing of that kind
was come there and said He had Entred Caveats in the
several offices a long time ago. We after that went to
the Plantation office and there found that Cosby had
wrote to that board — and set forth that Lewis Morris
President of the Councill for the Province of new Jer-
sie Rip Van Dam President of new York and James
AUexander a member in both those Councils were
Disafected to His Majesties Person and Government
that they Hold Nightly Coriispondence and secret
meetings to distress his majesties government in those
Provinces that they had sat up a Printing Press in
new York and had Printed and retailed out [to] the
People those libels which in England were Calculated
to disturb the minds of His Majesties good subjects,
upon the whole that they Had left no measures un-
433 ADMINISTRATION OF GOV^ERNOR COSBY. [1735
tr3''ed whereby they Could disturb and render f rusterate
his (m'' Cosbies) Just designs, this relation of the gov-
ernour is verified by a letter or representation of the
Council, but of which Province I Know not : the Board
of trade upon the Credit of M! Cosbies letter and the
representation of the Council Have made a report to
the King in Councill, and advise his Majestie to re-
move those gentlemen m'.' Morris from the Councill of
new Jersie; m'.' Van Dam from that of new York:
and m'.' Allexander from both this repor twas given in
on monday last e.t a general Council Held at Kinsing-
ton, and upon a letter from my father to my Lord
President the day before the Council it was refered to
a committee: on tuesday I attended the Councill office
to Know what was done in it and found it was re-
fer'd and on the next Committee T shall have a Copy
of the Board of trades report and shall send one over
by the first Conveyance after it —
My father's affair now begins to Draw near a de-
termination— it is to be the first Cause Heard and
there will be a Committee soon After the Kings ar-
rival which is now daily Expected S'' Charles wager
having been gone above a fortnight to Convey Him
over *^**vfvv^vj
I forgot to tell you that the governours letter was
dated in December last and was Committed to the Care
of the Duke of new Castle who has been all this time
striving to get the report of the bord of trade upon it,
and Could not do it before my Lord Westmoreland
was much against it as being unjust to Condemn the
Parties unheard and without giving them an oppor-
tunity to Justifie their Conduct Esj^ecially when there
was a Caveat Enter'd in their office against such a re-
moval. Blagdon and Dockmineque were also against
it but my Lord Westmoreland being removed from the
Board and Dockmineque being Dead my Lord fitz
waiter and another new member made in the roome of
1736] ADMINISTRATION OF GOVERNOR COSBY. 433
Docknieneque were fond of obligeing the secretary of
state and so got a report in favour of ni- Cosby as I
have related
We have no news stiring at present, " "' * "
my father, M' Pearse and my sister are all well and
Desire there loves to you and the Family. I beg my
Duty to my mother and Am Dear Sir
Your most Affectionate Humble Servant
Rob? BunJ Morris:
This Comes by way of Boston
recomended to m- Iskvl.
Petition of Lewis Morris of New Jersei/ to the King.
[From an Official Copy in the Rutlierfurd (Jollection, Vol. IV, p. 29.]
To THE Kings Most Excellent Majesty in Council
The humble Petit'on of Lewis Morris of your
Majesty's Province of New Jersey in
America Esquire
Sheweth
That Your Petitioner hath one of the most consid-
erable Real Estates in the said Province and hath at
all times been Zealously well Affected to youi- Majesty
& the Succession in your Majesty's Royal House.
That Your Pet^ hath been a Member of the Council
in the said Province for above 40 years past, Even be-
fore the Proprietors Surrendered their Government to
Your Majesty's Crown And which Surrender was pro-
cured & Effected by the Application & at the great
Expence of Your Petitioner And from the time of
such Surrender which is between 30 & 40 years past,
Your Petitioner hath had the Honour of being Eldest
Councellor or President of Your Majestys Councill in
New Jersey & Executed many other Posts & Offices
29
434 ADMIHISTKATIOK OF GOVERNOR COSBY. [1736
of the highest Trust in that & the Neighbouring Prov-
ince, And during that Space the Government lias more
than once devolved upon & been Executed by your
Petitioner to the General Satisfaction of the Inhab-
itants.—
That Your Petitioner is informed that William Cosby
Esquire your Majesty's Governor of New Jersey hath
Sent over some (Jharge hither to your Majesty or
Your Commissioners for Trade and Plantations against
Your Petitionei' tending to remove him from his Post
in Your Majesty's Councill of New Jersey.
That Y our Petitioner hath never Seen or heard what
such Charge Consists of, much less has Your Petitioner
ever had any Opportunity whatsoever of being heard
to the same in his Defence.
Wherefore your Petitioner most humbly beseecheth
your Ma'.^ That after so very long & Faith full Dis-
charge of his Duty in your Majestys Service in many
Stations, he may not be Disraist from the Same in his
decline of Life, unheard, and by Representac'ons made
ag- him behind his Back, But that your Majesty in
your Great Goodness will be graciously ])leased to
allow him to have Copys of any such Charge or Eep-
resentac'on in Order to Defend himself against the
same before he be removed or Suspended from Your
Majestys Council in New Jersey.
And Your Petv (as in the utmost Duty bound) Shall
ever Pray &
6 Novem'.' 1735, The Foregoing Petition was referred
by his Maj"' in Councill to the Conmiittee of Councill
for Plantation Affairs.
At the Council Chamber Whitehall the 17"' of
Nov": 1735 By the Eight Hono'ble the Lords of the Com-
mittee of Council for Plantation Affairs
Upon Motion this day made by M'' Paris Sollicitor
for Lewis Morris Esq-' It is Ordered by their Lordships
that a Copy be granted of the Eepresentation made to
his Majesty by the Lords Commiss'-'' for Trade and
1736 J ADMINISTRATION OF GOVERNOR COSBY . -tSo
Plantations for removing the said Lewis Morris from
his Place in the Council of New Jersey.
W. Sharpe.
[A similar petition i.i behalf of James Alexander,
who had been inforiDed that charges had been made
against him as a Member of the Councils of both New
York and New Jersey, was presented on the same day.
—Ed.]
From Reverend Wm. Skinner, of Perth Amboy, to Sir
WiUiam Keith — announcing the death of Governor
Cosby and urging him to apply for the vacant
position.
[From P. R. O. America ttud West Indies, Vol. XII, p. 40.]
Letter from M'' Skinner to Sir William Keith
Amboy March y^ 15*^ 1735-6
Sr
The 12"' of this Instant I wrot to you via Antegua,
not knowing then of any other opportunity, and now
by this I resume what I said then viz' Our Gover-
nour Co" Cosby died the Tenth of this Instant, worried
out of his life by a Sett of men, whose names it is
needless to mention; and it is well if their malice is
ended w"' his death. For if they employ'd a Press
merely to throw aU the dirt they could devise, even
while the Gentleman was upon a Death-bed, and that
for three months at least, and his Hfe every Day
despaired of; if the melancholy abodings of his Dis-
tress'd family and the tears of his Lady could not then
prevail with y'm to be better natured, it is in vain to
think, they will forbear to be outragious still, if it is
in their dower so to be — But be that as it will The
Province of New Jersey is resolved to apply for a
Separate Governour. The Council is to meet in two
or three daies time, and the Assembly will be called
together as soon as possible, but to gain time you will
430 ADMINISTRATION OF GOVERNOR . COSBY. [1730
first, have recommended to your care The Councils
Memorial expressing the Sence of the people, and Soon
after you will hear from the Assembly, whose thoughts
(I dare Say) will be the Same for the whole province
is bent upon having a Separate Governour, and Say
they will support him as becomes his character. I
beheve they are in good earnest, but to render the
Support effectual, and them a hapyjy people, much
will depend upon the address and capacity of the first
Governour that is appointed, for if he can but render
himself acceptable to the people, every thing will be in
his power. ^ — I heartily wish you may have sufficient
Interest w*'' your Eoyal Master, and those great men
about his Throne to obtain this Goverm' for yourself,
for the Cry, yea the prayer here is, May it be his
Majesties pleasure to Send us S' W'" Keith for our
Governour. ' S' you are well acquainted w"' most of
us, and no Stranger to our affairs; You know what
Confidence this people put in you, and that it would
be in your power to bring y'm to any terms, so that
whatever might be another Gentlemans fate, you can
apprehend no difficulty in getting a Competent Sup-
port. Try then what you can do in this matter, and I
shall conclude This as I did my last viz' May you find
friends, and this opprest jDeople will
I sincerely am S. Your most humble and
and Most obedient Servant
^: ^y//»«?0
1 Under date of May 5th, 1736. Sir Wm. Keith made application for tlie appoint-
ment through the Duke of Newcastle.— Ed.
2 The Rev. William Skinner was the first rectnr of St. Peter's Cluuvh, Perth
Amboy. He was a MacGregor by birth and among those of that (.Ian proscribed
after the rebellion of 1715. Obliged to leave Scotland, he assumed the name of a
friend in Edinburgh, and came to America via the West Indies. He subsequentlv
returned to England and was ordained by the Bishop of London. Iiaving pursueil
his theological studies in Philadelphia. While in England he was apiiointed jMissioii-
ary to Perth Amboy and entered upon his labors in September, 11:^3. He died in
1758, aged 71.— See Contributions to the History of Perth Amboy, p. 100.- Ed.
173G] ADMINISTRATION OF GOVERNOR COSBY. 43t
Order of the King in Council declaring the Reasons
for removing Chief Justice Morris insufficient.
IFrom N. Y. Col. Docts.. Vol. VI, page 36.]
At the Court of S* James's the 26 day of Nov""
1735 Present — The Kings Most ExcelP
Majesty in Council
Upon reading at the Board a Report from the Lords
of the Committee of His Majestys most Honorable
Privy Oomacil for Plantation affairs dated the 7^'' of
this ins' in the Words following viz'
Your Majesty having been pleased by your order in
Council of the 23"' Nov 1733 to referr unto this com-
mittee the humble Petition of Lewis Morris Esq"" set-
ting forth that he hath held the office of Chief Justice
of His Majestys Province of New York in America for
about twenty years during which time he discharged
his duty with the utmost integrity; That in August
1733 CoP Cosby the present Governor of that Province
issued a Supersedeas to the Petitioners Commission of
Chief Justice without assigning to the Petitioner any
reasons for the same That conceiving his character to
be greatly affected by being thus removed and that as
the said Governor is required by your Matys Instruc-
tions not to displace Judges without good and sufficient
Cause to be returned to your Majesty and also to the
Lords Commissioners for Trade and Plantations He
therefore most humbly prayed to be allowed copys of
the reasons for his removal returned by the said Gov-
ernor and that he might be heard in his Defence
against the same and in case it should appear that the
said reasons were not good & sufficient that then he
might be restored to his said office — The Lords of
438 ADMINISTRATION OF PRESIDENT ANDERSON. [173G
the Committee in Obedience to your Matys said order
of Reference did on the 8^^ of January following take
the said Petition into their consideration and thought
proper to order that the said Governor should forth-
with transmit to this Committee his reasons for
removing the said Petitioner from his office of Chief
Justice which he having accordingly done the Lords of
the Committee this day took the whole matter into
their consideration and heard counsel as well on behalf
of the Petitioner as of the said Governor and do there-
upon agree humbly to report to your Maty as their
opinion that the Reasons so transmitted were not
sufficient for removing the Petitioner from His office
of Cheif Justice of your Matys Province of New York
His Majesty this day took the said report into His
Royall consideration and was pleased with the advice
of His Privy Council to approve thereof
A true Copy
Ja Vernon
Letter from Presideyit George Clarke to the Duke of
Newcastle — informing him of the death of Gov-
ernor Cosby.
[From N. Y. Col. Docts.. Vol. VI, p. 46.]
New York March 16*^ 17i
May it Please your Grace
[Extract.]
As it is my duty I humbly presume to acquaint your
Grace that Governor Cosby after a sixteen weeks sick-
ness dyed the tenth of this month. Two days after he
was taken ill he summoned a Council and suspended
M' Van Dam from his seat in the Council Board in
1736] ADMIMSTUATIOX OF PRESIDENT ANDEIiSON. 439
consequence whereof the administration of the Gov-
ernment of this Province devolves on me
About an hour after the Governors death al] the
Council who were in town met in the Council Cham-
ber, and having caused his Majesties Commission and
Instructions to Governor Cosby with his suspension of
M' Van Dam to be read they all except M' Alexander
declared their opinion that the administration of the
Government devolved on me and accordingly adminis-
tered the oath to me, M' Alexander said he was not
prepared to give his opinion, but after I was sworn he
concurred with the rest in adviseing me to issue a
proclamation signifying the Governor's death and con-
tinuing all officers in their Posts.' ,. * * *
During the whole course of the Governor's illness
the restles faction here have been very active to pre-
pare the mob for an Insurrection, and the soberest and
best men have not been without their apprentions
of some rash attempt however I have reason to hope
that by a mild and prudent conduct I shall be able to
restrain the first sallys of the peoples heat and to
reclaim them to their due obedience, and in some rea-
sonable time to restore tranquility to the Province to
which nothing will so much contribute as his Majes-
ties dismissing Morris from his pretensions to his Chief
Justiceship and Van Dam and Alexander from the
Council, these are the heads of the factions, these are
the men who declaim against the King's j)rerogative,
who poison the minds of the people, who libel the
Governor and all in authority in weekly printed papers
1 Under date of April 7th President Clarke informed the Lords of Trade tliatMr.
Alexander had caused a paper to be printed and published entitled " Notice of
James Alexander, to the effect that he never advised or consented to Mr. Clarke's
taking on him the a Iministration of the Government. New York March 24, ITo.ViJ."
And under date of May 3d Mr. Clarke wrote: "Mr. Alexander thu he has been
constantly summoned ever since the Governors death has never attended the
Council since that day that the Governor dyed, and when he was present. & acted
after I was sworn, tho' he has since confidently denyed it in print."' And imder
dates of July 26th and October 7th, gives similar information.— Ed.
440 ADAIINISTKATIOX OF PRESIDENT ANDERSON". [1736
and who have endeavored to distres the Governor in
his Just administration, I am bold to affirm to your
Grace, pardon my Lord, the expression, that if these
men are continued in their stations this Province will
be very unhappy, as on the contrary if they are dis-
missed the Spirit of faction will dye. those who have
been misled by them will leave them and I shall have
the honor to inform your Grace, that tranquility and
harmony will be restored and the people brought to
their former duty and obedience to his Majesties Just
prerogative. * ''■ * *
My Lord Your Graces most humble
most obedient and most dutiful Servant
Geo Clarke
To his Grace the Duke of Newcastle
Letter from John Anderson^ President of the Council
of New Jersey, to the Duke of Neivcastle, giving
notice of the death of Governor Cosby, and that
the government had been assumed by him.
I From P. R. O. America and West Indies. Vol. XII. p. 35. 1
Perth Amboy in New Jersey
March 19*^ 1735 [1735-6]
My Lord
I Beg your Grace to Believe it is with the utmost
Concern I am Oblidged to Give Your Grace Tliis
Trouble on the sad Occasion of the Death of His Late
Excellency Colonel Cosby who to the Regret of All
Good Men Died on the K*'" Inst, as no Doubt Your
Grace will otherways l)e particularly Infoimed.
I Have the Honour to be at the Head of the Council
in this Province, I Have Called Them Together &
pursuant to His Majesty's Royal Comission and
Instructions to His Late Excellency Have Taken the
17.'56] ADMINISTRATION OF PRESIDENT ANDERSOK. 441
administration of this Government upon me till His
Majesty's Pleasure be further known.
We Presume to Transmit to Your Grace The
Enclosed petition to the King which We Humbly Beg
Your Grace to Lay before His Majesty; & Tho' There
are but Few of the Members of the Assembly now in
Town to Sign it. We assure Your Grace it contains
the Unanimous Sense of the People of this Province &
but a Small part of the Hardships and Difficultys They
have long Laboured Under,
We were happy in a Large Share of His Late Excel-
lency's Favour & affection, and, for His Sake I Hum-
bly Presume to Hope for Your Grace's Patronage and
Powerfull Intercession for Our Relief.
I am with the most Profound Respect
My Lord Your Grace's Most Humble and
Most Obedient Servant
John Anderson
Our Supream Court being now Sitting The Grand
Jury have also Drawn up an Humble Petition to His
Majesty, & Have Desired me to Transmit the Same to
Your Grace.
To THE Kings most Excellent Majesty
The humble Petition of yoiir Majestys Presi'
dent and Council of Your Province of New
Jersey, The Speaker and Diver.se of the
Members of their General Assembly on
behalf of themselves and others the Inhab-
itants of the said Colony. [Enclosed in the
foregoing letter.]
Sheweth
That upon the Surrender of the Government of this
Province to Your Majestys Royal Predecessor Queen
442 ADMINISTKATION OF PRESinENT ANDERSON. [1736
Anne the Proprietors and Inhabitants of this Colony
had great reason to hope The Governour then
appointed over this Province would have been distinct
from the Person that was to be Governour of New
York, But to the great disappointment of this Colony
the person then Governour of New York was also
appointed Governour of this Province, and the Several
persons who have since been appointed Governours of
New York have also at the same time been appointed
Governours of this Province.
That the great value of the Government of New
York beyond that of New Jersey (Your Petitioners
humbly Conceive) has always induced the Governor of
both for the time being not only to prefer New York
to this Province for his almost continual Residence,
but often to prefer the Interests of that Colony to the
great prejudice of this, And should it be Your Majes-
ties pleasure to continue Us under the same Governour
with the Province of New York We have too great
reason to fear the like inconveniences will ensure to
the great detriment of this Colony.
Thdt the absence of the Governour for the time
being from this Proviiice some times for a whole year
together ha? too often occasioned almost an intire
neglect of the affairs of this Government and great
delays in the Administration of Justice both in causes
depending before the Governour in Chancery and
those before the Governor and Council! on Writts of
Error and other ways to the great impoverishing of
the parties who there seek right and to the great dis-
couragement of Your Majesty's Loyall Subjects of this
Province.
Til at altho' the application heretofore made on the
behalf of this Province for i-elief in the premises have
proved ineffectual Yet as We are Sensil^le Your
Majesty is the Com'on Parent of all Your Subjects that
they are equally the objects of Your Royal care and
1736J A1)M1^■I8THATI0^' UK PKESIDENT ANDERSON,
443
Tenderness, Your Petitioners flatter themselves tliat
when Your Majesty shall be informed how inconve-
nient and detrimental it is to this Your Province and
how prejudicial to Your Majesties Service to have the
Same person (xovernour of New Jersey that is Gover-
nour of New York, And that the Inhabitants of this
Your Majesty's province are equally willing and able
to Support a distinct Governour with diverse of the
Neighbouring Colonys who Enjoy that benefitt under
Your Majesty, That You in Your Eoyal goodness will
be induced at this luncture on the occasion of the
death of his Excellency William Cosby Esq!' late our
Governour to grant us our humble prayer.
May it therefore Please Your Majesty in Your great
Clemency and goodness to Releive your dutifull and
Loyall Subjects the Inhabitants of this Your P]*ovince
in the premises by Com'issionating some person to be
their Governour Different and Distinct from the Per-
son that is to be Governour of Your Province of New
York.
And Your Petitioners (as in duty bound) shall ever
pray &ca.
I Concurr with]
the Matter and
Substance of this
Address but (being
one of the People
called Quakers)
have Some Excep- . „. -^
tions to the Style. AND^^ JoHNSTON
jAf HUDE
March 18*!" James Grove
1735
John Kinsey, Speaker
John Anderson
John Hamilton
Jn° Reading
Ja: Alexander
Cor: Van Horne
Th? Farmar
444 ADMINISTRATION OF PRESIDENT ANDERSON. [1736
Draft of a Petition from the Grand Jury of Middle-
sex County, praying for a Separate Governor
I From Original among the MSS. of \V. A. Whitehead. 1
To THE King's Most Excellent Majesty.
The Humble Petition of the Grand Jury Re-
turned to Serve at the Supreme Court of
Judicature held at the City of Perth Amboy
in the County of Middlesex for your Maj-
esties Province of New Jersey.
Most Gracious Sovereign.
We your Majesties Dutifull & Loyal Subjects the
Grand Jurrors of the County Aforesaid on behalf of
our Selves & Other the Inhabitants of this your Prov-
ince beg^ Leave in humble manner to Approach Your
Royal Presence to Joyn our Prayers with those of
your Majesties Councill of this your Provmce (now met
on the occasion of the Deth of Coll: Cosby our Late
Governour ) that your Majesty will be gratiously Pleased
to appoint us a Governour Distinct and Separate from
the Person who Shall be Appointed Governour of Your
Majesties Province of New York
The Disadvantages and Inconveniences winch we
have Long Laboui'ed under by Reason of our being
under the Same Governour with the Province of New
York & the Inclinations and xA.bilities of the Inhabi-
tants of this Colony to Support a Distmct and Sei)arate
Governour of our own (If your Majesty Shall be pleased
to Grant us one) are So fully and Justly Set forth, in
the petition already presented to your Majesty from
your Majesties Councill and the general Assembly of
this province on the Same Occasion that we Shall not
propose to Repeat them here, and we humbly hope the
1730] ADMINIStRATION OF PRESIDENT HAMILTON. 445
haidsliips we Labour under will apear from them So
Coiis))iciious as may induce your Majesties Royal
Goodness and (Condescension to indulge your Majesties
Province in this their humble Petition by Graciously
granting to them A Separate and Distinct Governour
and they as in Duty and Gi-atitude bound for So Signal
a Marke of your Royal Favour Shall pray for your
Majesties Long life and happy Reign
Dated at Perth Amboy
V" !!»"' March lTP.5-«;.
From John Hamilton, President of the Council of New
Jersey, to tlie Lords of Trade — relating to the
Death of Fresident Anderson and his own assump-
tion of the Government.
[From P. R. <). B. T. New Jersey. Vol. IV. F, 23. |
Letter from Mf Hamilton, Presid* of" Council
and Commander in Chief at New Jersey,
giving AccO: of Presid* Anderson's Death,
and his taking the Governni: upon him.
Rec^ June 15"\
[Amboy New Jersey April 8**^ l7r5G]
My Lords,
It is my Duty to Acquaint your Lordships that on
the 28*." of March last John Anderson Esq'- (Who on
the death of His Late Excellency ColP Cosby was
President & Commander in chief of New Jersey) dyed
here upon whose death the Administration of the Gov-
erment of this Province devolves upon me as Eldest
Councellor which Office I Shall Endeavour to Execute
with the greatest fidelity <Sz. zeal for his Majestys Ser-
vice and the Ease & benefit of His Subjects here
It is Likewise my Duty to Inform Yours Lordships
4-i6 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
that there are but few Couiicellors resideing in this
Province and one of those (M'- Wells) So very Old &
Infirm he has not been Able to Attend his Duty in
Councill for Some years, I know the Governor or
Commander in Chief has Liberty to Fill up to the
Number Seven And Accordingly Gov' Cosby did to
make up the Number Admitt William Provoost and
Thomas Farmar Esq? but I shall not willingly take
that upon me unless Some pressing Occasion Obliges
my Calling An Assembly which Att present I see no
necessity for.
Coll Cosby told me Almost A year before his death
he had recommended to your Lordships John Seylor
[Schuyler] John Rodman & Richard Smith Esq'' I
shall Only Add they are Gentlemen of Worth and
fortune And that I have the honour to be with the
Greatest Regard
My Lords Your Lordships most humble
and most Obedient Servant
The Lords Com? for Trade & Plantations
From Sir Will /am Keith, Bart., to the Duke of
Neivcastle — applying for the Governorship of New
Jersey.
IFrom P. R. O.. America ami West luflies. Vol. XII. p. .•5i».|
Sf W™ Keith [applying | to be Govf of New
Jersey
May S*'^ ir.Sfi
My Lord
It was in Sep' last twelve months that I had the
Hon"^ to make my humble application to your Grace,
1T66] ADMINISTEATIOX OP PRESIDENT HAMILTON, 44?
To favour my being appointed His Majestys Lieuten-
nant Governour of New Jersey in America; But your
Grace declininj^ at that time to approve of Seperating
the Government of that Smal Province from New-
York dureing M' Cosbys Administration I reddily
desisted from further RoHcitation liumbly Submitting
as it was my duty to your Grace's Sentiments and
IncHnation
The certain accounts of JM' Cosbys Death gives me
room with great humility to renew my former appli-
cation to y' Grace, and as it is a thing which his Mat'"
did formerly approve of, I humbly hope your Grace
will be So good, In regard to my diligent application
heretofore in the public Service and my long attend-
ance at London out of Bussiness to Favour me with
your Countenance on this occasion, presumeing that
my Capacity & character will be certified to your
Grace by Sir Robert Walpole; The Duke of Montague
and Sir Charles Wager; I beg leave to acknowlege my
Self to be with the most profound Respect and Sub-
mission
My Lord
y Graces most dutyfull and
most obedient humble Servant
W Keith'
His Grace the Duke of Newcastle &?
ISiR William Keith. Bart., previous to 1717. was Sui-veyor General of the Cus-
toms in America. In Ma}' of that year he succeeded i^'olonel Gookin as Governor
of Pennsylvania, and held that position until June 22d. 172C, when he was succeeded
by Sir Patrick Gordon. From 1728 he resided in England, and preceding pages
show that he endeavored to excite the interest of the Government in different
manufactures in the colonies, with what success does not appeal-. Proud, in his
History of Pennsylvania (II. p. 177), says he was '• a good solicitor of popularity,"'
possessing and practicing those arts which seldom fail to ])lease the populace; but
in Pennsylvania sacrificed thereby the interest of the Proprietors. He wrote a his-
tory of the British Plantations in America, the first part of which, referring to Vir-
ginia, was printed in 1738, It is not known that any more was published. Sir
William was prompted to make this application by a letter from the Rev. William
Skinner, of Perth Amboy, given on a preceding page (43.5). He died in 1749.
A miniature sketch of him by John Watson is in the writer's possession.— Ed.
448 ADMINISTRATIOISr OF PRP^SIDENT HAMILTO^T. [1736
Order of the Lords of the Committee of Council,
referring to the Lords of Trade a petition of Mr.
Partridge, Agent for New Jersey, praying to have
a, Governor for that Province distinct from New
York.
IFroin P. R. O. B. T.. New Jersey, Vol. IV, F. ■X.\
At the Council Chamber Whitehall
the 24 day of May 1736
By the Eight Hon^ble the Lords of the Com-
mittee of Council for Plantation Affairs
His Majesty having been pleased to referr unto this
Committee the Humble Petition of Ricliard Patridge
Agent for the Province of New Jersey in America,
Praying for the Reasons therein set forth, that when
His Majesty shall be pleased to appoint another Gov-
ernor for New York, The Province of New Jersey
may not be put under His Administration, but that
some other Person may be appointed Governor of New
Jersey —
The Lords of the Committee this Day took the same
into consideration, and are hereby pleased to referr the
said Petition together with the papers thereunto
annexed, to the Lords Commissioners for Trade and
Plantations to Examine into the same, And Report
their opinion thereupon to this committee
W- Sharpe
To George the Second King of Great Britain in
Council The Petition of Rich^ Patridge
Agent for the Province of New Jersey in
America
Hnmhly Sheweth
That as tliy Subjects of the said Pi-ovince of New
1730] ADMIXISTRATIOX OF I'HESIDENT HAMILTON'. 44'.)
Jersey did in the Year 1780 send over an Address to
the Kin^, humbly praying they might have a Gov-
ernor appointed to themselves seperatly from that of
New York a Copy whereof is hereunto annexed, ' Thy
Petitioner apprehends he cannot faithfully dischai'ge
the Trust reposed in him as Agent without humbly
representing That should the said Province be favour'd
in what they so earnestly desire it would tend to
encrease their Wealth and put them into a Condition
the better to promote Trade and Navigation whereas
on the other Hand to be continued under the Adminis-
tration of the Gentleman that is or shall be appointed
Governor of New York they will Labour under great
discouragments and Difficulties as they have done for
several Years past as will further and more at Large
appear by a Copy of a Representation made to Lewis
Morris Esq- soon after the death of Governour Mont-
gomery from some of the Gentlemen of the Council of
the said Province in the Year 1731 hereunto also
annexed — "
That thy Petitioner is informed the General Pro-
prietors of the said Province of New Jersey who were
greatly Interested in the property of the Soile as well
as that of the Government did upon their Surender of
the Government to the Crown in the year 17(»2 con-
ceive they were in some measure (by the terms of the
said Agreement) Intituled to have a Governour
appointed over this Province distinct from that of
New York and flatter'd themselves with the hopes Sz
expectation of it accordingly. Wherefore thy Peti-
tioner in the Name and behalf of the said Province of
New Jersey humbly prays that the King Would be
be Graciously pleased to favour the said Province in
granting their humble Request that whenever thou
• See page 270.
- See page 2'JG.
30
450 ADMINISTRATION OF IMtESIDENT IIA.MILTON. [173G
shalt be pleased to appoint another Governoiir forNevv
York the said Province of New Jersie may not be
concluded under his Administration, but that such a
Person may be Commissionated for them seperatly as
thou shall see meet for that office —
EicH? Partridge
London
Memorial from Sir Wm. Keith — relating to the neces-
sity of separating the Government of New Jersey
from that of New York.
IFrom P. R. O. B. T. New Jersey. Vol. IV, F, 18.]
To The Right Hon'^^^ The Lords Commiss''' for
Trade & Plantations The Memorial of Sir
W^ Keith Bar*
Humbly SJioiveth
Tliat when your Memorialist left America in the
year 1728, many of the principal Inhabitants of New
Jersey, to whom your Memorialists character and Con-
duct for nine years, as Governour of the neighbouring-
province of Pensylvania was perfectly well known,
apply'd themselves to him Intreating That upon his
return to Britain, he would favourably Represent, and
inforce the sd applications to the Crown for a Seperate
Government from New York.
That your Memorialist haveing had many opportu-
nities of being well acquainted with the Country of
New Jersey, as well as with the Just grounds of their
Coni])laint, how Impracticable it is for any Governour
of New York, faithfully to discharge the duty of that
Office to both Provinces.
And your Memorialist understanding that several
Petitions have been transmitted from New Jersey on
this Subj(^ct are now by a Reference from the Privy
Council befor your Lordships for your Report thereon
1730] ADMINISTRATION OF PRflSIDENT HAMILTON. 451
Your Memorialist therefor humbly presumes, in
behalf of the Public Service, as well as In compassion
to the natural and just Rights of His Mat'" good Sub-
jects the Inhabitants of New Jersey, to offer himself
as a Person wlio from a true knowledge of Things, and
the present circumstances of that Country, can vouch
for and explain most of the Facts Containd in the
several Petitions afoi-esaid from New Jersey, now
under your Lordships Consideration; and also with
your Lordships permission, to offer such further Argu-
ments as he humbly Conceives, will demonstrat, not
only the Reasonableness, but even necessity of Releiv-
ing the poor People of New Jersey from the Great
Inconveniencies they must labour under, so long as
they Continue to be made dependent on The Govern-
ment of New York, all which is most humbly Sub-
mitted by
Right Hon"'' Your Lordships most humble
and most obedient Servant
August 4*!' 1736. W Keith
This Paper was read the 4: of Aug? 1736, and S^ Wf
was heard by M- Pelham & S[ 0: Bridgeman, but
there not being a full Board, this Paper is not men-
tioned in the Minutes nor the Conversation between
S!" W|" and them, and M- Partridge the Agent.
Reasons; for appointimj a separate Governor for
New Jersie, received from Mr. Partridge.
Reasons Humbly offer'cl why a Seperate Gov-
ernoiir should be appointed for New Jer-
sey, and ordered constantly to reside there,
as well as Councellors and all other Officers.
The want of which ruins Trade, abates the price and
value of Land, and Depopulates the Province.
452 ADMINISTKATION OF PRESIDENT HAMILTON. [1730
There being no Naval Officer, no Vessel can be
Registered, without going to New- York, and from
some parts of the Province, it will cost at least Ten
pounds
Acts for preserving the Timber, for the encouraging
Building of Ships, cannot be procured lest it may
prejudice the Trade and Navigation of New York.
The consumption of Provisions, and Manufactures
from hence, is nothing so considerable as it would be,
if a Governour and all the Officers were Inhabitants
in the Province.
People from Europe and other Provinces in America
are unwilling to settle a Colony, which is dependent
on another, which is lyable to great Inconveniences.
The Governour Chief Justice, Second Judge, and most
of the Gentlemen of His Majestys Council, are paid
and attended at New York ^vith their Salary and Fees,
out of the Province, in ready money which ought to
circulate in New Jersey, and would, if these Officers
liv'd there.
No application can be made on any Suddain occa-
sion, without very great Trouble and Charge, and at
sometimes of the Year, not at all, or with great
danger. — No habeas corpus Writ, nor Writ of Error,
or Certiorari, or any Remedial Writ, can be obtained
without going to another Province nor can any
Remedy be had, let the Cause be never so Emergent.
The Governour living at New York, seldom holds
Councils here, by which means Writs of Error from
tlie supreme Court lye sometime Ten or Twelve
months before they can be argued, and some have lain
two years.
The Militia cannot l)e Kept in that Discipline and
under those Regulations as are necessary because the
Governour and Colonels live out of the Province.
The Judges living in the New York Government
countenance the New- York Lawyers, so that they
1736] ADMINISTRATION OF PRESIDENT HAMILTON. 4,53
carry away thither all the Business and Money, whilst
our own are discourag'd and Reduced.
The heart burnings amongst the Inhabitants, and
the Grievances of the Country are not known and
understood, or at least never regarded; the Governour
being free from the Noise and Clamour of them, at
New York.
The Officers from New York give in no Security and
consequently are in no danger of Punishment if they
do amiss for it is but keeping at Home and they are
safe.
The Councellors at New York, continually attending
the Governour, having his Ear on all occasions, com-
monly recommend our Officers, some of which are
hardly known in the Country for any good Character.
The Governour it's presumed will hardly pass any
Act for the good of the Province, if Interest interferes
with the Colony of New York, the chief of his support
being to be had from thence.
The Province is ready to give a Seperate Governour
an Honourable Allowance, and Support all the other
Oificers of the Crow^n as Customary; and as the
Honour and Riches of the Province encrease by a
Seperate Government, and ease of the Subjects, they
will shew a generous Disposition.
A great many Palatines and other Foreign Protes-
tants, are averse from setling in New- Jersey, by reason
of ill usage they pretend to have Receiv'd from a
former Governour of New York, which is a great
hindrance to the Proprietors of the Jersey's.
If a Seperate Governour &c, was appointed, it would
prevent many Inconveniences to the People of the
Jerseys, who are well affected to His Sacred Majesty
and His Family.
The Trade in the Colony and Number of Vessels
would encrease, and consequently a reciprocal advan-
tage redound to Great Britain, by imploying more
hands in makeing Tarr, Pitch, and Turpentine.
454 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
[Under date of August 5th, 1736, Thomas Pelham,
0. Bridgeman and Ja. Brudenell, Lords of the Com-
mittee of Council, to whom the foregoing and other
documents on the subject were referred, made a report
that in theii' opinion His Majesty might be pleased to
comply with the prayer of the petitioners. — Ed.]
Letter from Secretary Popple to John Hamilton,
P7-esident of the Council of Neiv Jersey — relative
to the vacancies therein.
[From P. R. O. B. T., New Jersey, Vol. XIV, page :W3.]
Letter to Mf Hamilton, Presi'^* of the Council,
& commander in Chief of New Jersey.
Sir
My Lords Commiss'"* for Trade & Plantations com-
mand me to acknowledge the Eeceipt of your Letter
of the 8*^'' of April last, acquainting them with the
Death of Mr Anderson late President of the Council, &
Commander in Chief of New Jersey, since the Death
of Col.° Cosby and to acquaint you that their Lordships
do not doubt, but you will use your utmost endeavours
for His Majesty's Service, and the Peace of the Prov-
ince.
Their Lordships upon reading Your State of the
Council of New Jersey, are surprized to find you men-
tion but five Councillors present in yf Province, because
in August 1735 their Lordships recommended to His
Majesty John Schuyler Thomas Farmer, John Rod-
man, Rich:' Smith, Robert Lettice Hooper, and Joseph
Warrill Esq'; to supply the Places of Mess!" Baird,
Johnson, Parker, Smith, Morris and Alexander, If
these Gentlemen whom my Lords have been pleased
1736 J ADMINISTRATION" OF PRESIDENT HAAIILTOX. 455
to recoininend to His Majesty for Councillors in New-
Jersey will not take the proper Care to get their War-
rants for that Purpose, pass'd thro the several Offices,
my Lords will think themselves obliged to recommend
some others to His Majesty least the Council should so
far be reduced as not to be able to make a Quorum to
transact the Business of the Province You will there-
fore please to inform them thereof from Sir,
Your most humble Servl^
A. Popple.
Wliitehall October y'^ 'M [178G]
From Lewis Morris to the Duke of Newcastle — ia sup-
X)ort of his claim to the Presidency of the Council
of New Jersey.
IFroni P. R. O. America and West Indies, Vol. 12, p. i!).j
Perth Amboy inN. Jersey, Oct: 25*.^ 1780
May it Please your Grace
I arrived at this place the 16^'' of this montli at night,
being Saturday — but the Day before that I had Sent
to Coll: John Hamilton the third Eldest Councellor
who (on the death of Coll" Anderson the 2 Eldest
Counc'"') had got into the Administration to call to-
gether his Majesties Council who by reason of their
Distant Habitations could not be got together Sooner
than the 20*.'' about two or three of the clock afternoon.
I had heard that they had been Summoned by Coll?
Hamilton on the News of my Arrival at Boston; and
had Entred into a Combination not to Deliver up the
Seales and other Insignia of the Government to me on
Any Account: And that they had also Agreed not to
meet on Any Summons Sent by me, but could not be-
live Eitlier of those things to be true — tho' by the
Inclosed minute and report of Such of them as did
456 ADMINISTRATION OF PRESIDENT HAMILTON. [l?36
meet (being all that could be got together) I doubt not
your Grace will be of Opinion that it clearly Appears
by their conduct that they had Entred into Such a
Combination
The number of the councellors for this province
should be twelve viz. Six for the Easterne and Six
for the Western Division — of those Six for the West-
ern division there are but two Alive Viz. John Wells
And this John Reading one of the Signers of the re-
port, the first of these John Wells is a very old man
And in a manner bedrid and Incapable by reason of
his age to Attend on the Service that Station requires
— and how far the latter will be thought fit to be con-
tinued in that Station after his Signing of the Enclosed
and (what Seems to me) a treasonable opposition of
his Majesties Authority is humbly" Submitted to his
Majestie, as is that of the other Signers and of Hamil-
ton who pursuant to their advice as yet detain's the
Scales from me: which if he persists in I shall think
my Selfe under A necessity of using force to compel
him — tho that is what I am very unwilling to Attempt
till other milder measures prove or are most likely to
prove ineffectual, or unless Some Orders from his
Majestie come timely Enough to render Such An At-
tempt unnecessary
The Councellors for the Eastern Division as they
Stand in the list are .... Lewis Morris, John
Anderson, John Hamilton, James Alexander, Corne-
lius VanHorn, William Provoost to which was added
by CollP Cosby the late Governour Thomas Farmer So
that during the latter part of M' Cosbyes administra-
tion there were Seven Councell" for the Eastern Divi-
sion instead of Six and but two for the western. John
Anderson is Since dead the rest remain A live of
whome VanHorn, Provoost and farmer Joine in Sup-
porting Hamilton in the present Opposition. Alex-
anders wife Expecting hourly to cry out prevented his
1736] ADMINISTRATION OF PRESIDENT HAMILTON. 457
Attending but he wrote to them his opinion that Ham-
ilton Ought to dehver the Seales, both from its being
known that I was Eldest Councellor and first named
in his Majesties Instructions. And that Her Majesties
Additional Instruction directed to me was a Declara-
tion that her Majesty Considered me as President of
the councill and Com'ander in chief of this Province
And calls it under my Govermnent: Which Sufficient-
ly Auth(nized me to act in that Station, tho' I had (as
I had not) been been Suspended or my Place in coun-
cill Declared Void As indeed it never was — But (for
what reasons I do not know) they would have it that
Alexander was not of the councill and paid no regard
to his Opinion. — I shall in a few days publish a procla-
mation pursuant to her Majesties Additionall Instruc-
tion to me A copy of which is Inclosed to your Grace
And which I hope I more than flatter my selfe your
grace will think Agreable to her Majesties Commands
to me
the inclosed minutes of Councill is very far short of
what passed at that time —they Objected to me An In-
struction that gave A power to the Governour to
declare my place in councill void upon my being
absent twelve months without his Majesties leave to
this I answered that I did remember an Instruction
made (as was Said) by Agreement with the proprietors
upon the Surrender of the Government and given to
all the Governours Sincethat time before Montgomerie
and given also to M!" Montgomerie late Governour of
this province by which it was directed that if A coun-
cellor Absented himself for two months and continued
Absent for two years the Governour might declare his
place in Councill void — And Another Instruction by
which it is directed that if Councellors Absented with-
out Cause and persisted after admonition they were to
be Suspended — that the two last Instructions as men-
tioned by me had been notified to the councellors and
■458 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
that by those Instructions it Seemed to me his Majestie
did not intend that Any eouncell' named by him Should
be removed from his Seat in councill but foi' a con-
temptuous Absence and Neglect of his duty; and that,
after previous Admo'tion and a persisting after Such
Admonition in the Neglect of his duty that no Such
Instruction as mentioned by them had been Ever Com-
municated and notified to the CounciU or to my self
but kept in petto by the Govern' — and being So that I
could not be deemed guilty of what I could not know
to be a Crime, that with respect to the Instruction
known and mentioned by me I had not been absent So
long a time as to fall within the direction of them nor
had ever received any admonition in that case — And
his Majesties appointing me Chief Justice of the prov-
ince of New York I took to be a Sufficient declaration
of his Majesties leave to be Absent in New York whilst
I continued Such And the Dutys of that office neces-
sarily required my attendance there — that when I was
removed from the office of chief Justice by Coll? Cosby
for reasons which he transmitted to the councill board
by their Lordships Express com'and It was necessary
to admit That my Appearance and defence of my Selfe
before his Majesties Most hon^'® privy councill was
with his Majesties leave; And my Absence (had I con-
tinued in England the full two year or A longer time )
that was not Such a contemptuous Absence as to fall
within the meaning or intention of his Majesties
Instruction in that case — that whether the instruction
mentioned one year or two years it was only a Discre-
tionary power given to the Governour to declare the
place Void, or to Suspend: which he might make use
of, or not, as he thought most Suitable to his Majesties
Service that the Governour not haveing made use of
Such power (if my Absence had been within the mean-
ing of it (as I conceived it was not) Either by declaring
my place in councill void, and Entring Such declara-
1730] ADMINISTKATION OF PIIESIDEXT TIAMILTOX. 459
tioii ill the ciouncill Bookes, or by Suspending of nie, I
Still retained my place in Councill of Eldest counsellor
— that her Majestic by her Additional Instruction
directed to me as President of the Councill and by it
in his Majesties Name Authoriseing and requii-eing
me to do what was therein directed to be done in the
Severall Parish churches in the Province of New Jersey
under my Government was a Sufficient prooff that her
Majestic Deemed me Still President of the council and
Com'ander in chief of the Province And a Sufficient
and Authoratative declaration that I was Such — to this
they ]*eplyed that her majestic was mistaken in Calling
me So — As by the whole of their conduct I w^as con-
vinced that they had Entred into a Combination to
give me Opposition I did not think it propper to pro-
duce to them the Original Instruction least they Should
Endeavour to force it from me and by that Attempt
lay me under a necessity of haveing recourse to more
violent measures than I thought propper at that time
to Attempt I therefore produced to them a copy and
read it to them but told them at the Same time I
would shew them the Originall if they would give
their words of honour to returne it to me; but this they
Said they would not do, and demanded the Originall of
me — to this I replyed the Instruction was directed to
me And I was by it in his Majesties Name Authorised
and required to put in Execution, that it being A war
rant particularly directed to me, they could have noting
to do with it; nor Coll? Hamilton as Comander in Chief
while I to whome it was directed was upon the Spot:
And that I should as I was thereby impowered use (by
the gi'ace of god) the most propper and h^gall measures
to put it in Execution.
That I had been And was then the Eldest Councell'
first named in his Majesties Instructions to his govei'-
nour and not removed or Suspended bs him that I was
So Still and by his Majesty's Letters Pattent Empow-
■460 ADMINISTRATION" OF PRP]S1DENT HAMILTOX. [1736
ered to take upon me the administration of the govern-
ment whenever I came upon the Spot tho' Absent at
the time of the death of the governour — That her
Majesties dii'ections to me under her Royall Signet and
Sign Manuall as President and Comander in chief at a
time when it was known I was Absent in England
was a full determination of that point And That my
place in council was not made void by Such Absence
that it was Rash in them To Say her Majesty was mis-
taken in A point of which she then was the Sole Judge:
And the direction to me a Sufficient declaration of her
Majesties Pleasure to require their obedience — That
had I been actually removed or Suspended by the
Governour (as I was not) or had I never before been of
the councill of this province yet tlie governour being
by the Kings Letters Pattent to Obey Such Orders and
Instructions as he should from time to time receive
from his Majesty under his Royal Signet or Sign
Manuall and it being his Majesty's Sole prerogative to
Appoint when and as often he thought fit any person
to be President of the Councill and Com'ander in chief
of this province I did conceive that her Majesty direct-
ing to me as such in the manner it was directed did as
fully and Expressly declare and constitute me to be
Such, As if I had been of the councill, and removed or
suspended from being So, and had been by her Maj-
estys Sign Manuall &c Restored to my former place
and Presidency: if not Rather more fully — How far I
have Reasoned Right in these cases is most humbly
Submitted to his Majesty: but upon the whole, I
offered to take the usual Oaths and did demand of M'.
Hamilton upon his allegiance the Seales and Insignia
of the Government which he at that time refused to
deliver: Saying he referred that matter to the councill
then present who deferred liis consideration of it until
the Next day
And accordingly the Next day in the Evening the
173B] ADMINTISTKATIOX OF I'KKSIDKXT llAMll.TOX. 4fil
dark of the Councill brought me the result of their
debates contained in the copy of A Letter or Address
to Coll Hamilton here inclosed by which in open Oppo-
sition to her Majesties Authority and direction to me
they Stile him President of the councill and comander
in chief of the province of New Jersey — and in which
(if I understand them) they Endeavour at reasons to
prove that he is So notwithstanding my Senioi'ity and
being first named (which they confess) and notwith-
standing the Queens direction to me— which they say
is not in words Express Enough to divest m"^ Hamilton
of the authority he Acquired by being the Eldest coun-
cellor upon the Spot at the time of the leath of Coll"
Anderson his Senior; and being once vested cannot be
divested but by Expresse words for that purpose.
That is that his Majestie cannot name and Appoint
Any person to be President And Com'ander in chief
without a revoking clause in the Said Appointment de-
claring the Authority of him who was accidentally
vested by being upon the Spot to be determined. Nor is
his Majesties appointment of the government to devolve
upon the Eldest councill & his Maj"*"' directing to him
as president and comander in chief and Appointing
him to do Any Act a sufficient declaration of his Majes-
ties Pleasure in that Case, nor Sufficient to Entpower
the Eldest councellor to act unless the authority of the
intermediate Comander in Chief was Expressly Said to
be determined — the Consequence of all which and the
Use made of this is that, tho" it be confessed that his
Majesty by his commission and Instruction Plainly
declares and directs who is President of the Councill
and upon whome he intended the Government to
devolve upon the deatli of tlie Covernour — Yet if he
or the Next Eldest C^ouncellor happened to be Absent
at the time of Such death the third or fourth coun-
cellor Resideing then upon the Spot had a Right to take
upon him And Keep the administration of the Govern-
462 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
ment: Not only in the Interim and pro tempore till
his Senior comes upon the Spot; but Even afterwards:
and becomes thereby President of the councill Exclu-
sive of his Senior Even after his return — her Majesties
Direction to me under her Signet and Sign Manuall
Seems clearly to have determined that point contrary
to the Opinion of these Gentlemen and I humbly Sub-
mit it to his Majestie what Notice is proi:>er to be taken
of a conduct very Probably to be Attended with conse-
quences Dangerous to his Majesties Service and the
publick peace.
A Letter of this Kind to the Hon^'' "" George Clark Esq
was thought to be a sufficient declaration of the Royall
Pleasure in that case in New York (tho' the matter of
Vandams Suspention by Coll Cosby on his death bed
was Depending before the King and Councill) and
Determined the general Assembly there to act with
m' Clark which they would not otherwise have done —
but here, where there shall been no Suspention, our
more Sagatious men Act upon Different principles
Why the clerk of the councill one Lawrence Smyth
made an Entry of my withdrawing when I did not
withdraw till the councill was up; and did not Enter
the demand I made in the terms I made it in — Nor of
m"' Hamiltons referring of it when it appears by tlie
councills Letterr and Address he did refer it to them I
won't determine — he is now clerk of the Councill and
has long Enjoyed Severall offices and Posts of trust
and proffit: but I am much misinformed if Ever he
took the Oathes usuall to the government or has any
affection for it — I wish I could Speake favorably of
this place it is one of the Capitalls of this province to
which the Sitting of the generall Assembly is confind,
it is pleasant in its Situation; has a healthy Air And a
fine harbour; and back'd by a fine Country: but is but
very Little if any thing bigger than it was fifty years
Agoe. The inhabitants are generally very poor and
1?;5G] ADMIXISTKATION OF I'll KSI DHNT HAMILTOX. 4()0
there is not Sufficient conveniency in it for the Enter-
tainment of the Assembly. I yesterday told all the
houses in the town Spot, and I could not reckon above
one hundred taking in Stables Sheds and other out
houses — by what I can learn the Assembly will not
exceed above £1000. this money P annum to a Sepe-
rate govei-nour in case they are indulged with One;
which is about £600 Sterling— But as it is much their
intrest to have one I hope a good man May Induce
them to make a more Suitable provision I beg your
Graces pardon for the length of this & am
May it please Your Graces most humble
and Most Obedient Servant
Lewis Morkis
Minute of Councill in New Jersey y*' 20*'' Octo-
ber 1736, referred to in foregoing letter.
At a Council Holden at Perth Aniboy Octo^'"
20*1^ 1736
Present
The Hon''''' John Hamilton Esq!' President
John Reading
Cornelius Vanhorne
William Provoost
Thomas ffarmar
^Esq
The Hon'':^ Lewis Morris Esq[ came into Council and
made a demand of the Administration of the Govern-
ment of this Province by Vertue of his Majesties Com-
mission to the late gov"" and the Royall instructions in
which he is named as Eldest Councill'-' and tendred to
the Board a paper said to be a coppy of an Additiona
Instruction from her Majesty Directed as follows Viz —
Additionall Instruction to Lewis Morris-Esq' Presi-
dent of his Majesties Council and Commander in chief
464 AD3IIN1STKAT10N OF PRESIDENT HAMILTON. [173(1
in and over the province of nova Cesaria or New Jer-
sey in America, Or to the Commander in chief of the
said Province for the time being Given at the Court at
Kensington the first Day of June 1736 in the ninth
year of his majesties Reign.
Said to be signed on the top Carohne R: C. R. and at
the Bottom, C, R, C, R and Demanded that the same
might be entred in tlie minutes of Council
The President Demanded of the said Lewis Morris
Esq': the Original Instruction that it might be Entred
in the minutes of Councill to which the said Lewis
Morris Esq!' Answei'ed, that he was ready to sheiv the
Councill the Of^iginal Instruction, upon their word of
honour to restore it to him again, which they refused
to (jive, concieving it to be a publick instruction, and
that it belonged to the Government to which M' Mor-
ris Answered that the Instruction was an Instruction
to him with which he concieved the councill had
nothing to do, that he would the best Legal methods
he was capable of b}^ the Grace of God to put it in
Execution, and then with Drew
A true Coppy, Law: Smyth C. Co'n
Two Proclamations issued by Mr. Morris, as President
of the Council (f New Jersey, dated the 25th of
October, 1730.
I From P. R. O. B. T. New Jersey, Vol. IV, F. ^.M.l
Proclamation to Adjourn the Assembly in
Jersie
By the Hon^:*" Lewis Morris Es(i'." President of
liis Majesties Council and Commander in
Chief in and over the Province of Nova
Cesaria or new Jersie &c
Whereas the general Assembly of the Province of
17;}0J ADMIXISTRATION OF J'RESIUKXT 11 A MILTON, 405
new Jersie stands Adjourned to Tuesday the twenty
sixth day of October Instant I have thought fit for his
Majesties service and by Vertue of the Powers and
Authorities in me Lodged by the Kings most Excellent
majesty further to ajourn the said general Assembly
unto tuesday the sixteenth day of november now next
Ensuing and I do hereby Accordingly adjourn the said
general Assembly to the said sixteenth day of Novem-
ber now next Ensuing to be then held at the City of
Peiih Amboy- Given under my hand and seal at
amies at Perth Amboy this 25*;" day of October 1736
in the 10*1* year of his Majesties Reign
Lewis Morris.
God save the King —
^ ^^^ By the Hon''!^ Lewis Morris Esq!" Presi-
^ L. s. ^ clent of his Majesties Council and Coni-
i_^_i mander in chief in and over the Prov-
ince of Nova Cesaria or new Jersie &c.
A Proclamation.
Whereas the Queens most Excellent Majesty Guar-
dian of the Kingdom of Great Britain and of all the
Dominions thereunto belonging and his Majesties
Lieutenant within the same has been Graciously
pleased by her order under her Privy Signet and Royal
sign Manual to authorize require and command me to
make publick the Declaration of his majesties Pleasure
Signified to me by an additional Instruction sent me
in the following words Viz:
,_ Caroline R. C. R.
j [ Additional Instruction to Lewis Morris
( ' ' \ Esq' President of his Majestys councill and
* — .^* Command' in Chief in and over the Province
of nova cesaria oi' new Jersie in America; or to the
31
40G ADMINISTRATIOX OF PRESIDENT HAMILTOX. [1730
commander in chief of the said Province for the time
being Given at the Court at Kensington the first day
of June 1736 in the ninth year of his Majesties Reign.'
Whereas his Majestie was jjleased by his order in
his Privy Councill of the 29*1' of April last to Declare
his Pleasure that in the morning and Evening Prayers
in the Litany and in all other parts of the Publick
service as well in the Occasional Offices as in Book of
Common prayer where the Royal family is Appointed
to be particularly Prayd for the following form and
order shoul be Observed
Our Gracious Queen Carohne their Royal Highnesses
Frederick Prince of Wales the Princess of Wales the
Duke the Princesses and all the Royal family—
And to the end that the same form and order may be
observed in All his Majesties Plantations in America
these are in his Majesties name to Authorize mid
require you to cause the same to be forthwith published
in the several Parish Churches and other places of
Divine worship within the said Province under your
Government; and you are to take care that obedience
be paid thereto accordingly
C. R. C, R.
Therefore in Obedience to the said Instruction as
above to me directed, I do in his majesties name
hereby Require Each Minister of the Gospell of or in
any of the several Parish Churches or other places of
Divine worship within the said province of Nova
casaria or new Jersie to Read and Publish the Above
said Instruction in the words therein Contained and
no other to their severall and respective Congregations
when Assembled and that they and Each of them do
take care that in the morning and Evening Prayers in
the litany and in all other parts of Publick Service as
' The original of this document is in the possession of the New Jersey Historical
Society. See Papers of Lewis Morris, No. 3.— Ed.
17301 ADMIXISTJlATlOlSr OF PRESIDRNT HAMrLTOX. Afu
well in the Occasional Offices as in the Book of Com-
mon prayer where the Royal family is appointed to be
particularlarly pray'd for the form and order com-
manded and Directed In and by the above additional
Instruction be observed and all his Majesties Subjects
in the said Province to whom the said Instruction doth
or may in any manner of way Relate are hereby
Required to take notice thereof and govern themselves
accordingly — (liven under my hand and Seal at Amies
at Perth Amboy this L>5V^ day of October 1730 & in the
tenth year of his Majesties Reign
Lewis Morris
God Save the King
Proclamation pursuant to her Majesties additionall
Instruction to Lewis Morris
President Hamilton to the Duke of Newcastle — relative
to the claims of Mr Morris.
I From P. R. O. America and West Indies, Vol. 1"2, p. 48.]
Amboy, Ocf 25. 1736.
May it please Your Grace
I had the honor to write to your Grace the 8*^" of
April last & Informed You that u])on the death of
Col' Anderson the Administration of the Govermen'
of this province devolved on me as Eldest Councellor
which trust I have hitherto discharged with the utmost
Zeal and fiddlity for his Majesty's service & I hope to
the General Satisfaction of his Subjects in this Prov-
ince.
I am now humbly to acquaint Your Grace that on
the 14*1' of this month I reC' a letter from Col Lewis
Morris dated att New York telling me he intended to
conif^ to Amboy & take upon him the Goverment of
this province by virtue of His Majestys Commission &
4G8 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
Instruction to the Late Governor & desired me to
Summon a Council in Order to his being Sworn A
Council mett the 20"' Instant & I sent to tell Ml' Morris
the Council were Sitting & ready to hear what he had
to Off err Accordingly he came and after the Council
heard his reasons for demanding the Goverment they
were of Opinion he had no right thereto as fully
Appears by the minutes of Council and their Report
to me both which having the Honor now to Send Your
Grace I shall not presume to trouble you with Repeat-
in gany part of them but humbly hope Your Grace will
Approve of Our proceedings and Lay them befor his
Majesty that I may have his Royall pleasure Signified
to me which will Immediately put an End to any dis-
turbances may happn here through Col Morriss's
means Your Grace must know his Character from the
great Opposition he made to the Late worthy Governor
CoU Cosby both here & att home, & his behaviour in
New York since his return from England (of w°!' no
doubt your Grace will have An Ample Ace') deter-
mined the Council to declare his place amongst them
Void.
I Once more begg Leave to represent to Your Grace
the great Inconveniency this province Lyes under for
want of a Sufficient Number of Councellors there are
only the four that Signs the Report can meet and those
live all so great a distance from Each other that lett
the Emergency be Ever so great it is Impossible to
gett them to gether in Less than Eight & forty hours
M'.' Alexander one of the present Conncellors Lives
Intirely att New York and it is above thirty years;
Since Col. Morris removed with his family out of this
province, and with all due Submission I should think
no Gentleman qualified for that Honor that did not
only reside in the province but has Like wise an Estate
in it.
The Late Governor to fill up the number seven that
1736J ADMINISTRATION OF PRESIDENT HAMILTON. 4G0
could attend admitted Thomas ffarmar Esq' & Recom-
mended John Scyler [Schuyler] ' Gentlemen of Reputa-
tion & Intrest I humbly beg Your Graces pardon for
this tedious Letter & am with the most profound
Veneration
May it please Your Grace Your Graces
most Devoted and most Obedient Servant
John Hamilton
Proclamation by Mr. Hamilton, President of the Coun-
cil and Co7nmander in Chief of New Jersey, dated
the 2\)th of October, 1736. [Received with forego-
ing letter.]
By the Honourable John Hamilton, Esq; Presi-
dent of His Majesty's Council and Com-
mander in Chief in and over the Province
of New Jersey, &c.
A Peoclamation.
Whereas Notwithstanding the Unanimous Opinion
of His Majesty's Council of this Province, not only
that the Administration of the Government of the said
Province is Lawfully and Rightfully vested in Me, but
that Lewis Morris, Esq; by absenting himself from the
said Province, contrary to the Royal Instruction,
Numb X hath Vacated his Place in His Majesty's said
Council, He the said Lewis Morris Esq; being seduced
and led aside from his Duty and Allegiance to His
Sacred Majesty, by the Instigation of a few Factious
and Seditious Persons, and utterly disregarding the
Peace, Quiet or Prosperity of His Majesty's good Sub-
1 Undpr date of November 23d, Mr. Hamilton addressed a letter of similar import
to the Lonls of Trade, the last paragraph containing also the names of John Rod-
man, Richard Smith and Robert Lettice Hooper as recommendetl by Governor
Cosby.— Ed.
470 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
jects, Hath Presumptously Usurped the Administra-
tion of the Government of this Province, and did on
the Twenty-fifth Day of this instant October, assume
and take upon himself the Liberty of Signing and
SeaUng two Proclamations, as President and Com-
mander in Chief of this Pro\ance; the one to Adjourn
the General Assembly to the sixteenth Day of Novem-
ber next, the other concerning Publick Prayers for
Her Royal Highness, the Princess of Wales; and on
the Twenty-sixth Day of the said Month did cause the
said two Proclamations to be affixed on the Door of
the Court House at Perth Amboy, Thereby endeav-
ouring, as much as in him lyes, to introduce into This,
such and the same Confusions and Seditious Disorders
which he, with some other Evil Minded men, have
introduced in a Neighbouring Province, and to inter-
rupt the Legal Administration of his Majesty's Gov-
ernment.
In order therefore to prevent any such Seditious
Disorders in this Province, and the fatal Consequences
that may ensue and attend such Unwary, though
Well-meaning Persons as may be imposed upon and
led aside from their Duty and Allegiance to His Maj-
esty, by the said Lewis Morris or his Abettors, I have
thought fit to give this Publick Notice, and by and
with the Advice And Consent of His Majesty's Coun-
cil to issue this Proclamation, hereby, in His Majesty's
Name, strictly charging and Commanding all His
Majesty's Subjects not to pay any Regard or Obedience
to the before-mentioned, or any other Proclamation of
the said Lewis Morris, if he hath been or shall be so
Presumptuous as to emit them in any other part of
this Province, And that no Person or Persons whatso-
ever do abet or assist him the said Lewis Morris with
respect to his Usurping or taking upon himself the
Administration of the Government, as they will answer
the Contrary at their Peril.
And I do in His Majesty's Name further Require and
1736] ADMIJ^ISTRATION OF PKESIDENT IIAMILTUX. 4T1
Command all Judges, Justices of the Peace, Sheriffs,
and all other Magistrates to whom the Preservation of
His Majesty's Peace does more particularly belong, not
only that they be Vigilent and Diligent in the due exe-
cution of their Respective Offices in the Preservation
of the Peace in their respective counties in the Prov-
ince, but as the best Means to put a speedy end to
Faction and Sedition, That they use their utmost En-
deavours forth- with, to Cause the said Lewis Morris to
be apprehended and conveyed to the Common Goal of
the County where he shall be Apprehended, the Keep-
er whereof is hereby Required and Commanded him to
receive and keep in Safe and Close Custody till he shall
thence be dehvered by due course of Law.
And whereas Further, the said Lewis Morris Esq;
did Surreptitiously obtain and is jiossessed of an addi-
tional Royal Instruction from Her Majesty the Queen
Regent, and hath Refused, and still doth Refuse to de-
liver the said Royal Instruction to Me, but Detains and
Conceals the same, I being Certified by the Proclama-
tions issued out in the Neighbouring Provinces, and
otherwise well assured, that the said Royal Instruction
is in these Words, Viz,
Whereas His Majesty was p'easd by His Order in
His Privy Council of the 20th of April last to declare
His Pleasure, That in the Morning and Evening Pray-
ers in the Litany, and in all other parts of Publick Ser-
vice, as well in the Occasional Offices as in the Book of
Common Prayer, when the Royal Family is Appointed
to be particularly Prayed for, the following Form and
Order should be observed.
" Our Gracious Queen Caroline, Their Royal Higli-
"nesses Frederick Prince of Wales. The Princess of
"Wales, The Duke, The Princesses and all the Royal
" Family.
And to the End that the same Form and ordcn-
may be Observed in aU His Majesty's Plantations in
America, These are therefore in His Majesty's Name
472 ADMINISTEATIOSr OF PRESIDENT HAMILTOX. [1736
to Authorize and Require You to cause the same to be
forth-with Pubhshed in the several Parish Churches,
and other Places of Divine Worship, within the said
Province under Your Government. And you are to
take care that Obedience be paid thereto accordingly.
Do therefore hereby Order and Direct. That the
above Form and Order of Prayer for the Royal Family
be for the future Observed in the several Parish
Churches, and other Places of Divine Worship within
this Province.
Given under my Hand and Seal at Arms in Council
at New-Brunswick the Twenty Ninth Day of October,
in the Tenth year of His Majesty's Reign, Annoq;
Domini 173H.
By His Honour's Command,
Lawr. Smyth, D. Secry.
John Hamilton.
God Save the King.
Letter from Lewis Montis to the Lords of Trade —
relating to his claim to the Presidency of the Coun-
cil of New Jersey.
[From P. R. O. B. T., New Jers.-y, Vol. IV, F, 24. J
L"" from Mf Morris, one of the Council of New
Jersey, transmitting Sev^ Papers complain-
ing of his being deny'd the Exercise of Grov-
ernm* and Inclosing a Minute of the Coun-
cil thereon, Copy of their Eeport on tliat
Subject and of 2 Proclamations issued by
Mi" Morris ReC^ 20*'^ Jan'ry 1736-7.
My Lords,
A few dayes after my Arrivall at New York I went
to Perth Amboy in New Jersie, where I staid Some-
time before Such of the Councill as were AHve and
1?36] ADMIXISTR.VTIOX OF PRESIDENT HAMILTON. 473
able to travell could be got together — I had heard that
when they reciev'd an Account of my Arrivall at Bos-
ton they had entred into a combination not to deliver
to me the Seales and other Insignia of the Government
on a pretence that my place was Void in Councill by
my being absent in England but as I went thither
to Solicite my restoration to an office I was deprive'd of
by Ml' Cosby for reasons which upon a hearing were
reported to be insufficient; I could not conceive that
absence to be within the meaning of his Majesties tenth
and Eleaventh Instruction — and this I thought pretty
clearly determin'd in my favour by her Majesties addi-
tional Instruction directed to me — and did not beheve
they would venture to dispute an authority that to me
appeared to be indisputable — the inclosed coppy of the
minute of Councill & letter or report of the foure
Councellors Shews that I was not misinform'd — and
the printed proclamation herewith Sent, in which they
have Omitted her Majesties direction to me (which (it
appeares by the minute of CounciU) they were not
Ignorant of) Shews some of the lengths they have
ventured to go in opposition to his Majesties Authority.
— Your Lordships have herewith coppies of two Proc-
lamations I have published, the one for the Adjourn-
ment of the Assemblv the other in Obedience to Her
Majesties Instruction as is therein recited — these they
have taken down in Severall places — and in others
threatned Imprisonmerit to any y' that would set them
up — and one Skinner a Missionary from y*^ Societie for
propagating the Gospell being at this place to bury one
Forbes A Missionary to this county forbid the Clerk of
the Church on his perill to read or pubHsh in the
Church the proclamation concerning the form of pray-
er notwithstanding my Orders to the Clerk for that
purpose — this the Clerk said & I ordered one of my
sons to do it — The Province is very much divided and
distracted on this Occasion and tho' I do believe that
474 ADMINISTKATION OF PRESIDENT HAMILTON. [1736
I could and lawfully might raise force enough to
Overcome any Opposition; yet in a young Country as
this is I choose to decline the use of violent measures
unlesse compell'd by necessity — Submitting the whole
to his Majestie for his Particular direction therein —
which the present condition of the Province seems to
require as soon as may be — but this and every thing
Else is most humbly Submitted by
My Lords Your Lordships most obedient
and most humble servant
Lewis Morris.
Shrewsbury in the County of Monmouth and Prov-
ince of New Jersie November 5th 1736.
To the Rt hon''.'* the Lords Commission^* for Trade
and Plantations at Whitehall.
Copy of the Eep* of Four of y® Council of New
Jersey to M'" Hamilton, Presid* & Com'an-
der in Chief, dated y*^ 21'* Octob'" 1736. Rec^^
with foregoing letter.
To the Hon^:'® John Hamilton Esq"" President of
his Majestys Council and Commander in
chief of the Province of New Jersey.
Sir
Col. Mori'is haveing thought fit Yesterday at the
Council Board to Demand the Administration of the
Government of this Province by Virtue of his Majesty's
Commission and the Royal Instructions to the late
Governour and your Honour haveing been pleased to
Referr the consideration of that affair to us and laid
the Said Commission and Royall Instructions before
us that we might be Enabled to form a Judgment
whether any Article or Clause Therein can affect the
1736] ADMIJSriSTHATlON OF rilKSlDEXT HAMILTOX. -iTS
Present adminisfcration of this Government So as to
give the Said Coll: Morris any Right thereto Wee have
with all the caution and attention that Becomes us on
this Extraordinary Occasion perused them both and do
find that the last Clause of the Royal Commission is in
these words Viz' ' ' And if upon your death or Absence
' out of our Said Province there be no Person upon
' the Place Commissionated or appointed by us
' to be our Lieutenant Governour or Commander in
' chief of the said Province, our Will and Pleasure is
' that the Eldest CounceUor tvhose name is first placed
' in our said Instructions to you, And who shall he at
' the time of your death or Absence Resideing with in
'our said Province of New Jersey shall take upon
' him the Administration of the Government and
' Execute our Said Commission and Instructions and
' the Severall Powers and Authorities therein con-
' tained in the Same manner and to all intents and
' purposes as other our Gevernour or Commander in
' chief of our Said Province Should or ought to do in
' case of your Absence untill your Return or in all
' Cases until our further Pleasure be Known Therein''
from whence we think it very clear and plain that the
administration of the Government is Legally vested in
your Honour and Devolved on you upon the death of
the late President Col Anderson you being at that time
the Eldest CounceUor Resideing with in the Said prov-
ince and haveing been duly Sworn thereinto, And
though by the Royal Instructions Col Morriss name is
the first in the list of Councellors We cannot think his
Return from England (where he was at the time last
mentioned) can anyways Entitle him to the Govern-
ment because the Clause in the Royal Commission
above mentioned Seems to us to be a Barr against any
Such pretention, for we find in the minutes of Coun-
cil An Instruction bearing Date the third day of May
1707 from her late Majesty Queen Anne to the Lord
476 ADMINISTRATION OF PRESIDENT HAMILTON. [1736
Cornbury then Governour of this Province in these
words Viz* " Whereas by a Clause in our Commission
and Instructions to you our Captain General and
Governour in chief of our Said Province of New-
Jersey it is directed, that upon your death or
Absence in case there be no Lieutenant Governour
appointed by us upon the place then the Council to
take upon them the Administration of the Govern-
ment and that the Eldest councellor do Preside, As
by the Said Commission and Instructions is more
particularly Set forth, And we haveing Observed
that this Instruction has given occasion of many
Controversies and disputes between the Presidents
and the Councellors and between the Councellors
themselves and other ways in Severall of our Plan-
tations to the great hindrance of the publick Busy-
ness and the prejudice and Disturbance of our
Service there. Our WiU and Pleasure therefore is
that if upon your Death or Absence there be no per
son upon the place Commissionated by us to be our
Lieutenant Governour or Commander in chief the
Eldest councellor whose name is fii'st placed in our
Said Instructions to you and who shall be at that
time of your death or absence Resideing within our
Said Province of New Jersey Shall take upon him
the Administration of the Government and Execute
our Said Com'ission and Instructions and the Several
powers and Authoritys therein contained in the
Same manner and to all intents and purposes as
either our Governour or Commander in chief Should
or ought to Do in Case of your Absence untill your
Return or in all cases until our further Pleasure be
Known therein" — which are the very words in the
above mentioned clause and appear to us to be in
Order to prevent disputes of this very nature and are
full in the present Case Neither do we think any thing
less than the Royall pleasure Signified in Express
1730] ADMINISTRATION OF PRESIDENT HAMILTON. 4T'J
words can divest your lionour of the Administration
or Give Coll Morris a Right to it, not the Royal instruc-
tion (a copy of 2vhich he tendred to the board Yester-
day) had he been pleased to Sheiv it for it appears by
the minutes of Council That that very Gentleman was
in the year 1709 Suspended from his place in the Coun-
cil here, and was not restored thereto but by a Letter
from her late Majesty Queen Anne under her Sign
Manuall [to] Col. Hunter then Governour of this prov-
ince Dated the s"' of January 1709-10 commanding her
Said Governour to Eestore him (in Express words) to
his Place and Precedency in the Council How much
more reason is there then to Expect the Order should
be very express that is to divest you of the administra-
tion of this government, of which you are in posses-
sion by Express words both in the Royal Commission
and instructions to the late Governour
For we cannot find anything in the Royal Instruc-
tions that can give Col. Morris Any colour or pretence
to demand or take upon him the admistration of the
Government Except his name being first in the list of
the Councellors, as in truth it is in the Instruction Nf
1. But that Gentleman was in England and had been
there more than twelve months before the death either
of the late Governour or President as is before men-
tioned and did Absent himself from this province and
continue Absent for near the Space of two years with-
out leave from the then governour under his hand and
Seal or any other ways that we could ever hear or
learn And therefore we are of Opinion that by the
Kings Instruction N? 10. His place in his Majesties
CounciU in this province is become void. And upon
the Whole that the Administration of the Govern-
ment is legally and Rightfully vested in your Honour,
And we make no Question but you will Stead yly pur-
sue Such measures as may best Conduce to the Honour
and Interest of his Majesty and his good Sul)je( ts here
478 ADMlSrlSTRATlOK OF PRESIDKKT HAMILTON. [1736
and Exert the Authority you are cloathed with in the
Preservation of the peace of the Province
John Eeading
Octo! 21"' 1736 Cornelius Van Horne
William Provoost
Tho' Farmar
Letter from President Hamilton to the Duke of Neiv-
castle — about the proceedings of Mr. Morris.
[From P. R. 0., America and West Indies, Vol. XII, p. 49.]
Amboy New Jersey Nov' 22*^ 1736
May it please your Grace
Since I had the Hon- to write to your Grace & trans-
mit the Minutes of Council to that time and the Coun-
cils Report relating to Col Morris's demand of the
Administration of the Government of this Province,
That Gentleman not haveing patience to wait His
Majestys Royall pleasure but continuing to disturb the
peace and quiet of this Goverment as much as in him
Lay Affixed up two proclamations under his hand and
Seal att the Court house Door of this City the One for
Adjourning the assembly of this province the other
about praying for her Royall Highnes the Princess of
Wales This Obliged me to call a Council which was
Very difficult to be done att that time and by their
Advice I issued a Proclamation for apprehending M'
Morris I Likewise Ordered prayers to be used for Her
Royall Highness pursuant to the Royall Instruction I
have now the Hon'" to Send Your Grace the last
Minute of Councill & humbly take Leave with Saying
I am with the greatest Duty
May it please Your Grace Your Graces
most Devoted and most Obedient Servant
John Hamilton
1737] ADMINISTKATIOX OF I'HESIDEXT HAMILTOX. 479
From the Lords of Trade to the Duke of Newcastle —
about the difficulties in New Jersey.
IFroni P. R. O. B. T.. New Jersey. Vol. XIV, p. 391. |
Letter to the Duke of Newcastle, transmitting
Copies of several Papers from Mf Hamilton
& M^ Morris January yf 25V* 1736-7
To His Grace the Duke of Newcastle.
My Lord,
We take Leave to inclose, to your Grace, Copies of
two Letters which We have received from Mr Hamil-
ton President of the Council and Commander in Chief
of New Jersey, & from Mf Moi-ris, of the same Place
complaining that Mr Hamilton detains that Command
from him; We likewise inclose to your Grace Copies
of some Minutes of Council, and of some other Papers
upon the same Subject transmitted to Us from thence
and at the same time We take leave to acquaint Your
Grace.
That by a Clause in the Commission to the Gov!" of
of New Jersey, His Majesty has been pleased to Signifie
hia Pleasure That in case of the Govf Death, or
Absence out of the Province, if no Person is commis-
sioned by His Majesty to be Lieu? Govf or commander
in Chief, the Eldest Councillor, whose Name is first
placed in the Instructions and who shall, at the time
of the Death or Absence of the Gov! be residing in the
Province of New Jersey shall take upon hnn the
Administration of the Government and Execute His
Majesty's Commission and Instructions and the several
Powers and Authorities therein contained in the same
manner and to all Intents & Purposes (as the Gov! of
the Province should or ought to do) until the Gov 7
480 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
Retui'ii, or in all cases untill the Kings further Pleasure
shall be known therein.
By the 10"' Article of the Kings Instructions to his
Gov]" of New Jersey, Any Councillor who shall con-
tinue Absent above a Year, without Leave under the
Hand and Seal of the Govr or above two Yeai's without
the King's Leave under the Royal Signature, his Place
in the said Council shall immediately become void.
When Col? Cosby the late GovV died. Mi' Morris had
been in England above a Year, without any leave f I'om
the Gov!" for that purpose; as appears by the Report of
the Council for that Province here inclosed; Mr Ander^
son therefore, being the first Councillor residing in
the Province took upon him the Government accord-
ing to the King's Commission as before recited and
held the same until his Death, when M!' Hamilton on
the 31"' of March 1736, the next eldest Councillor in
Rank and who was at that time residing in the Prov-
ince took the Govei-nment into His hands by the
Advice of the Comicil and at the same time qualified
himself, for the Administration thereof.
On the 20^" of October last M[ Morris, who had been
absent for near two Year^ from the Jerseys demanded
in Council there that the Administration of the Govf
should be delivered to him, which having been refused
by M!" Hamilton the present Commander of New Jer-
sey, We take leave to acquaint Your Grace that in
Our Opinion, M^ Hamilton, being in Possession of the
Administration of the Government of New Jersey in
express Conformity to His Majestys Commission He
cannot, without a Breach of his Duty give up the
same; to any Person whatsoever, until. His Majesty's
Pleasure shall be known.
We are likewise of Opinion that Ml' Morris has for-
feited his Seat in the Council of New Jersey unless he
may have obtained any Licence of Leave unknown to
us, for the time he has been Absent from his Duty in
that Province & therefore, as well as for the reasons
1737] ADMINISTRATION OF PIIKSIDENT ]fAMILTON. 4S1
in the preceeding Paragrapte very Improper in his
Demand of the Government from M!" Hamilton.
As Mr Morris has taken upon him. in a very unwar-
rantable manner, to issue Proclamations and attempt
other Acts of Government which Parties and Divisions
may be very much fomented and enci'eased in that
Province, We desire Your Grace will please to lay this
Affaire before His Majesty and to receive His Majesty's
Commands tliereupon by which the Peace of the Prov-
ince may be restored.
We are My Lord Your Graces
most Obedient and most humble SeiV^
Fitz-Walter.
• T: Pelham.
Whitehall Jan? 35':" 1736-7. M: Bladen.
Ew? Ashe.
Prl: Bridgeman.
Letter from President Hamilton to the Secretary of
the Lords of Trade — complaining of Leivis Morris.
I From P. R. C». B. T. New Jei-sey. Vol. IV, F, 27.|
Letter from Mf Hamilton Commander in Chief
of New Jersey to the Sec'"^' dated March
25'?' 1787, complaining of Mf Morris for dis-
turbing the Peace of the Province and
inclosing a State of the Case between them
and a Proclamation issued by Mf Morris
pretending a power to Adjourn the Assem-
bly. Eec^^ June 7*.^ 1 737.
[Allured Popple EsqfJ
*.SVr,
I have the Hon'" of Your Letter dat'd the 22'' of Octf
last & desired the Gentlemen My Lords Commission-
32
48!i ADMIKISTRATION OF PRESIDEKT HAMILTON. [1737
ers were pleased to Eecommend to his Majesty for
Coimcellors in this Province to take the proper Meth-
ods to gett their Warrants w^'' they would sooner have
done but this was the first certain Account they had of
their being Recommended.
You will See by the Letter I had the Hon'' to write
to My Lords Com'.' the 22" of Nov'.' last and the Min-
utes of Councill I transmitted their Lordships att the
Same time, the Steps M'.' Morris took to disturb the
Peace of this Goverm' and the he lives in the Gover-
m* of New York he Still Continues to do so as farr as
in him Lyes by privately fixing up proclamations for
Adjourning the Assembly one of which is Inclosed but
as he is universally disliked by all sorts of People here
his Endeavor'g provs vain and We are att perfect
quiet.
I take the Liberty of Sending you the Case Stated
betwixt M- Morris & My Self and desire you will be
jDleased to Lay it befor their Lordships who I hope will
doe me the Honi' to beleive I have done the Utmost to
discharge my Duty for His Majestys Service & the
prosperity of this province
I am with the greatest Regard
Sir Your Most Obedient and
most humble Servant
Amboy, March 25"' 1Y3Y. John Hamilton.
Reasons why M' Hamilton is rightfully Entitled to
the Government of New Jersey notwithstanding the
claim of M'-' Morris.
The State of that matter is supposed to be thus Viz:
amongst his Majesty's Instructions to the late Governor
Cosby there is one wherein all the Councillors are ap-
pointed and therein M'- Morris is named first M' Ander-
son second and M^ Hamilton third.
By the Instruction N? io it is provided that if any of
the Council absent themselves from the Province and
11^7] AimiNISTRATIOX OF PRESIDENT HAMILTON. 483
continue Absent above the space of twelve months to-
gether without leave from the Governor first Obtained
under his liand and Seal their Place or Places in the
said Council shall immediately become Void,
In the Kings Commission to the said late Governor
is the Clause following Viz*
And if upon your death or absence out of Our said
province there be no Person upon the Place Commis-
sionated by Us to be Our Lieutenant Governor Our
Will and Pleasure is that the oldest Councillor whose
name is first placed in Our Instructions to You and
who shall 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
and Execute Our said Commission and Instructions
and the several powers and Authorities therein con-
tained in the same manner and to all intents and pur-
poses as other Our Governor or Commander in Chief
of Our said Province should or ought to do in Case of
Your Absance untill Your Return or in all Cases untill
Our further pleasure is known therein.
In or about October 1734 Ml' Morris went to England
without any leave from the Gov'.' and continued there
untiU some time in August 1736 about which time he
left England and Arrived at Boston in New England
some time in or about September 173G and did not go
to New Jersey province untill about the 10'.'' of October
1736.
On the tenth of March 1735-6 the late Governor Cosby
Dyed and (M- Morris then being in England) M":
Anderson being the Eldest Councillor then Residing in
the Province was Sworn into the Administration of the
Government and continued in the Exercise thereof un-
till the 2s"' of March 1736 when he Dyed and (M' Mor-
ris being then still in England) M' Hamilton being the
Eldest Councillor then Residing in the Province by the
Advice and Consent of the Council was Sworn into the
484 ADMIXISTUATION OF PRESIDENT HAMILTOX. [IToT
Administration of the Government and continued in
the Exercise thereof untill about the 18'." or 19'!' of
October 1736 when M!' Morris claimed the Government
by virtue of the Kings Commission and Instructions to
the late Governor Cosby upon which M'' Hamilton
called a Council and Desired their Opinion and Advice
thereon Who unanimously gave their Opinion that the
Administration of the Government was lawfully and
rightfully vested in Mr Hamilton and gave their
Eeasons at large two of which seem very strong.
One is that as M- Morris had Absented himself and
continued Absent from the Province for above tw^elve
months without leave from the Gov'" his place in the
Council became Void by the Instruction N° 1<» so that
he was not a Councillor at the Death of the Gov'.' or at
the Death of M'" Anderson.
To this it is thought M^ Morris will say he never had
Notice of that Instruction and it is supposed now the
Governor is Dead that no direct proof can be made that
he had But this or the like has been a Standing In-
struction to the Governors of New York and New^
Jersey for many Years past and upon the Death of
the late Governor Montgomerie who Dyed Governor
of New York and New Jersey in 1731 M". Morris was
Sworn into the Administration of the Government of
New Jersey as being Eldest Councillor and the Com-
mission and Instructions to said Gov- Montgomerie
were Delivered to M^ ]\Iorris amongst which one was
of the like Tenor and it is su]iposed he has the same
Sill by him It is also presumed that Governor Hunter
had the like Instruction and upon his going to Eng-
land about the Year 17li> the Commission and Instruc-
tions to him were Delivered to M'" Morris who held
the Administration of New Jersey Government by vir-
tue thereof untiU Governoi' Burnetts Arrivall in 1719
or 1720.
The other Eeason given by the Council is If M'
1737] ADMINISTRATION OF J'KKSIDEXT HAMILTON. 485
Morris had been a Councillor Yet being in England on
the Death of the Governor and at the Death of M!
Anderson he could not be said to be Residing in the
Province and therefore by the Commission he could
not be Entitled to the Government And if M- Hamil-
ton was not then Entitled thereto there was no person
then Residing in the Province that was.
To this there have been two Answers given one is
that M'" Morris then had a House and Plantation and
jDart of his Family in that Province by which he might
be called a Resident there.
As to which whether by his having a House &c-' he
might be called a Resident or not may be questioned
but it is concieved that as he was in England at the
Death of the late Governor and on the Death of M?"
Anderson and for many months after he could not be
said to be then Residing in the Province within the
meaning of the said Commission For if so then he
only was Entitled to the Government and no other
Person could thereby take the Administration thereof
upon him and the Government must have remained
without a head untill he pleased to go there which
would have made such a Chasm in the Government there
as would have been very Detrimental to the Affairs of
the Province and which it is supposed the Commission
principally intended to Guard against and prevent by
adding those words viz: Who shall be at the time of
Your Death or Absence Residing in the said Province
and besides if this Answer be Allowed all the Acts of
Government done by M^ Anderson and M'.' Hamilton for
now upwards of Eight Months would be Rendered void
or at least disputable.
The other Answer that has been given is that Altho'
M^ Morris was not Residing in the Province at the
Death of the late Governor or on the Death of M^ An-
derson Yet when he afterwards came into the Prov-
ince he was Residing and then became Entitled to the
486 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
Government as to which by the words of the said
Commission it is concieved that whoever on the Death
of the Governor or Commander in Chief is Entitled
thereby to take the Administration of the Government
upon him and Actually doth so he is thereby Express-
ly directed to Execute the Powers thereof in all Cases
untillthe King's further Pleasure be known therein
And there are no words in the said Commission or In-
structions whereby the Eldest Councillor who was not
Residing in the Province on the Death of the Com-
mander in Chief can claim the Government on his
going to reside there afterwards and after another had
been regularly Sworn into the Administration thereof
wherefore it is concieved That Mr Hamilton cannot
without a breach of his Duty to his Majesty give up
the Government the Powers whereof he has been
Sworn to Execute in all Cases untill the Kings Pleas-
ure be further known therein. But as it is supposed
that M' Morris did not think himself Entitled to the
Government by Virtue of the Commission and Instruc-
tions to the late Governor he therefore Insisted upon
another thing in support of his Claim and that is an
additional Instruction Granted by her Majesty Dated
the first of June 1786 Appointing in what Form and
Order the Royal Family should be prayed for and that
Instruction being directed to Lewis Morris Esq-' Presi-
dent of his Majesty's Council and Commander in
Chief of his Majesty's Province of New Jersey or the
Commander in Chief of the said Province for the time
being, M'.' Morris insisted that her Majesty thereby
signified her pleasure that he should l)e what he is
thereby called and Offered what he called a Copy there-
of but did not show or Deliver the Original to M' Ham-
ilton or the Council for their [perusal without which it
is concieved they could not be said to have Regular
Notice thereof for they were not bound to take Notice
of what he was pleased to call a Copy. But suppose he
1737] ADMINLSTKATION OF PRESIDENT HAMILTON. 487
had produced the Original Yet it is concieved it would
not Answer what is inferred therefrom for the follow-
ing Eeasons.
1 ^.' At the time of making that Instruction M'" Morris
either was or was not President & Commander in
Chief of New Jersey, if he was he would be so without
this Instruction and then the Instruction is out of the
Case And if he was not then it is concieved the bare
Directing of such and Instruction calling him (which
can Amount to no more than supposing him to be)
President and Commander in Chief cannot be Suffi-
cient or said to be intended to make him so For sup-
pose the Instruction had been directed to any other
Person calling him President and Commander in Chief
who was not so before it is thought M"" Hamilton would
not be right in parting with the Government to such
Person,
2^1 By the Tenor of that Instruction it seems to be
the Form of One made to send to each of his Majes-
ty's Plantations in America and nothing appears there-
by to be had under her Majesty's consideration but
the giving Directions in what Form and Order the
Royal Family should be prayed for And as there was
one to be sent to each of the Governments in his Maj -
esty's Plantations in America the Directions upon each
to each Government must have been left as a thing of
course to be made by the Office according to what
Notice they had of who was Governor or President or
Commander in Chief of each Province and it does not
appear by this Instruction that the affairs of New Jer-
sey Province were any way under any consideration
more than the Affairs of any other Province.
3'1 Altlio in England they had Notice of the late
Governors Death it does not appear by this Instruction
they had (and it is more than probable to suppose they
had not) any Regular Notice of Ml Anderson or M""
Hamilton having been Sworn into the Administration
488 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
of the Government of New Jersey And if so they
could have nothing in the Offices in England to Guide
themselves by in drawing the Directions of the In-
struction but by looking over the Instructions to the
late Governor wherein Lewis Morris's name is first
mentioned and therefore the same was directed to him
supposing him of course to be President and Com-
mander in Chief And besides it is not directed to him
only but it is directed to him or to the Commander in
Chief of the said Province for the time being.
4. It does not appear by this Instruction that her
Majesty at the time of Granting thereof had under her
Royal Consideration that M'" Morris had Absented him-
self from the Province above twelve Months without
any leave from the Governor or that thereby his Place
in the Council became void or that by his not residing
in the Province on the Death of the Governor or of
M^ Anderson he was not Entitled to the Government
or that M'.' Hamilton had been regularly Sworn into
the Administration of the Government Now if none of
those things were considered of by or known to her
Majesty how can it be imagined that her Majesty
thereby intended to signify her Pleasure that
M'- Morris should be President or Commander in Chief
and further it no way appears that her Majesty had
under her consideration the Appointment of who
should or who should not have the Government or to
determine who was or who was not Entitled thereto
and therefore it seems unreasonable to suppose her
Majesty Determined or signified her pleasure on a
])oint that was not under her consideration.
5*" It can't even weU be supposed that any of those
things had been ofi'ered to her Majesty's considera-
tion or to have her pleasure signified thereon because
if they had it cant be supposed but that her Majes-
ty would have signified her pleasure thereon in Ex-
press and Explicit Terms.
1?37] ADMIMSTKATION OF FliKSlUE.NT UAMILTOX. 489
6'.'' By this Instiuctions being directed to Lewis Mor-
ris as President and Commander in Chief it is plain
that it was dii-ected to him (not to Appoint him to
be so thereafter but) upon a supposition that he was
so at that time and Yet in Fact he was not so as ap-
pears before and therefore it must be presumed that
they had not any Notice in England that Ml" Hamilton
was Sworn into the Administration of the Govern-
ment and if they had had notice in all probability this
would have been directed to him.
T*.'' The reasonableness of this probability appears in
a late Instance of the like Instruction which was sent
to New York Government and was directed to George
Clarke as President of the Council and Commander in
Chief of that Province Altho Rip Van Dam was the
Eldest Councillor first named in the Instructions for
New York there having been proper Notice sent to
England of M'.' Van Dam's suspension and of M-
Clarke's having been Sworn into the Administration
there And if such Notice had not been sent from New
York they could have had nothing in England to
guide themselves by in drawing the Directions of that
Instruction but by looking over the Instructions to
the late Governor wherein M'' Van Dam's name is first
mentioned and therefore without such Notice that In-
struction would undoubtedly have been directed to
him.
By The Hon^'*' Lewis Morris Esqf
* — • — * President of His Majesties Council
j Seal - and Commander in Chief of the
*^. — * Province of Nova Caesaria or New
Jersie.—
A Proclamation.
Whereas the General Assembly of the Province of
Nova Caesaria or New Jersie stands adjourned by me
490 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
unto the tenth day of this instant February, I have
thought fit for his Majesties farther to adjourne the
said gen" Assembly untill the twenty sixth day of
April now next ensuing and by Vertue of his Majes-
ties Authority given unto me by his Royal Letters
Pattent under the Great seal of England heretofore
made Publick in the said Province on the Arrival of
his late Excellency Collonel William Cosby then Gov-
ernor the said Province and still remaining of record
in the same and also farther coroberated by her Maj -
jesty (at that time regent of the Kingdom of Great
Britain) by her Additional Instruction under her
Royal Signet and signe manual directed to me bearing
date at Kensington the first day of June 1736 in the
Ninth Year of his Majesties Reign. I do hereby ad-
journe the said General Assembly untill the twenty
sixth day of Aprill which will be in the year of our
Lord 1737 then to meet at the City of Perth Amboy in
the said Province and they are hereby Adjourned Ac-
cordingly.
Giveyi under my hand and seal at Armes at Hack-
ingsack in the County of Bergen this Eighth day of
February 1736 in the tenth year of his Majesties Reign.
Lewis Morris.
God Save the King.
From the Lords of Trade to President Hamilton —
informing him of the appointment of Lord Dela-
ivare to be Governor of Netv York and Neiv
Jersey.
[From P. R. O. B. T. Now Jersey. Vol. XIV. p. 3'J0.|
To John Hamilton Esq!" President of the Coun-
cil, & Commander in Chief of New Jersey.
Sir,
We should by this Conveyance, have answered Your
1737] ADMINltSTKATIOX OF PKESIDEM IIAMILTOX. 401
Letters of the 2[' of Nov^r 1T3B, & 25':*" of March 1737,
but that Hiei Majesty has been pleased to appoint the
E! Hon'f the Lord Dela-wari- Govr of New York &
New Jersey; And as he will with all convenient Speed
set out for his Government. We have only to desire
that until His Lordships Arrival you will do your
utmost to preserve the Tranquillity of the Province
under your Command So We bid you heartily farewell
and are.'
Your very loving Friends and humble Serv*^
T Pelham.
Whitehall June y? 22? 1737. Ja Brudenell.
R: Plumer.
Letter from Lewis Morris to the Duke of Newcastle.
Morrisania June 23'' 1737
May it please your Grace
I did on y* 22 of October 173B from Amboy in Jersie
give your grace an Account of my arrivall in Jersie
and the reception I there met with. I have not
had the honour to know what his Majesties deter-
mination hath been in that case or receive any direc-
tions concerning it. I do myselfe the honour to Send
your Grace a Print I Published observing on M' Ham-
iltons Reasons which is humbly Submitted by
Your Graces most Obedient
and most humble Servant
Lewis Morris.
1 John West, 7th Lord Delaware, K. B., never entered upon his duties, and
resigned in September following, on being made Colonel of the first troop of Life
Guards.—/))-. (rCallaghan.—^.Y. Col. Docts.. Vol. VI., p. 1G3.
492 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
Communication from Lewis Morris — relating to his
difficulties with President Hamilton, enclosed in
the foregoing letter of the Lords of Trade
OBSERVATIONS On the Reasons given by M''
Hamilton's Advisers, for his Detaining the
Seals of the Province of New Jersie, after
the Demand made of them by Lewis Mor-
ris, Esq; President of the Council and Com-
mander in Chief of the Province of New-
Jersie. In a Letter to a Friend.
Sir,
I wrote to you lately by a Gentleman, and was very
much in Expectation of an Answer; but nothing of
that kind is yet come to hand, which occasions my
giving you this farther Trouble. I did not make any
Obsei'vations on the Reasons given by Mr. Hamilton's
Advisers (which I doubt not you have seen) tho' they
lay open enough for Observation to a less judicious
Reader than you are, who could easily see the Fallacy
of them without any Endeavour of mine to point them
out. There are two Things they seem to ground
themselves upon: The first is a private Instruction to
the Governor, never notified to the Council, nor
entered in the Council-Books, by which it is said to
the Governor, That if a Councillour be absent a cer-
tain Time without the Governor's Leave under Hand
and Seal, and continues absent twelve months without
the King's Leave his Place in Council to be void. This
Instruction, if true as they cite it (which I doubt, it
being different from that to Montgomei-ie, which was
an Absence of two months without the Governor's
1737] ADMfXISTKATrOX OF PRESIDENT TIAMFLTOX. 403
Leave, and continuing absent two years without the
the King's Leave, which is the Instruction agreed to
by the Proprietors on the Surrender of the Govern-
ment, and given to all the Governors since that time,
and therefore 'tis most likely the same was given to
Cosby) yet it being an Instruction, and in its own
Nature private, cannot be supi)osed to be binding upon
the Councillor, unless notified to him: And the next
Instruction, which gives the Governor a power of
Suspension for such Absence, directs it to be done
after previous Admonition; so that it is a contemptu-
ous Absence that falls within the Meaning of these
Instructions, and a persisting in it after Admonition,
contrary to his known Duty, that would have justified
even the Governor himself either to have suspended or
declared the place void. And as the Governor could
not have justifiably done the one or the other, but
within the meaning of those Instructions; so his not
having done it at all (and which he might have done
V)y the Plentitude of his power, without any Instruc-
tion) shews first, that he did not think me witliin the
Meaning of it; and secondly, that I needed not be
restored to what I was never deprived of. What
makes it yet clearer that Cosl)y never thought my
Absence such as to be within the meaning of these
Instructions, is, that he wrote to the Lords of Trade to
get me removed at home; This, and the Queens Addi-
tional Instruction to me, plainly shew, that my Place
was not at that Time void (tho' always voidable) in
the Opinion of the Queen and Ministry. But to this
they said, The Queen was mistaken. I am weak
enough to think, that if the Queen had directed to any
person who had never been of the Council, it would be
rash to call it a mistake, and upon that Notion to dis-
obey it. For tho' possibly she might have been mis-
taken in the Addition or Appellation of the person and
called one President that was not so (which is not to be
494 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
admitted in this Case) yet, as I take it, the Office
would have been conferr'd by it, tho' he was not so
before. And, if such a Direction had come to Van Dam,
who was (or was said to be) actually suspended, yet,
as such a Direction would have been a new Creation
of any Person who had never been a Councellor (it
being solely the Signification of the King's Pleasure in
that Case that either makes a Councellor or a Presi-
dent) so it would have been an actual Restoration of
him to that Place, tho' the Word Restore had not been
made use of: For in these Cases the King is not tyed up
to use a particular Form in the Signification of his
Pleasure; any Form that lets us know what that
Pleasure is, being sufficient to require our Obedience
in Cases of this kind. To render this still more clear,
viz. that the Word Restore, or other express Words
(as the Gentlemen in the Opposition are pleased to
word it) of that Kind and Signification are not abso-
lutely or generally necessary in the Signification of the
King's Pleasure, to i-estore a suspended Councellor to
his Office and Place; I believe it will be admitted by
all Men the least conversant in these Matters, that in
Case one or more Councellors were suspended by a
former Governor, yet the bare Naming of these as
Councellors in these Instructions to the new Governor,
under the Signet and Sign Manual, in the Same Order
they were in before, would be a Restoration of that
one or more to his or their Places in Council, without
any express Words of Restoration, or Words of the
same Signification. So if other Councellors had been
by the former Governor named and sworn into the
Council, yet the Preterition, Passing-by and not
Naming of such Councellors in the new Instructions,
would be a Divesting them of the former Authoiity
they were vested with, with-out any express Words,
or any words at all. This leads me to take Notice of
what they call a Leitej- fi-oni Queen Anne, of Jan.
1737 ] ADMlXISTRATfOX OF PRESIDENT HAAIIETOX. 495
1709-10, to Governor Hunter in my own Case, on
which tliey found their Argument of the Necessity of
express Words to divest an Authority once vested;
which I supi)Ose the Hints from some Smatterers in
the Law has induced them to think of very gi'eat Force
in this Case. It happened by their own shewing, nigh
twenty seven years since, when two of the Signers of
the Letter to Mr. Hamilton, were hut young Men, and
the other two Cliildren; and none of them then so well
acquainted with Things of that natui-e, as to form a
proper Judgment; and seem now to have forgot the
circumstances of that particular Fact; which had they
remembered, I persuade my self men of their supposed
Sagacity would not have laid any stress upon it, or
drawn consequences so foreign (as I think) to the
Nature of the Thing, and which, when set in its true
Light, will, I believe, not prove of that Service to them
that they imagine.
It is true that I was suspended by the Lord Corn-
bury, and that more than once or twice; and for that
and other Male-Administration, his Lordship was
recaird. But in making out the new Set of Instruc-
tions to Mr. Hunter, my Name was omitted, and I
think Col Pinhorn was in those Instructions fii'st
named; in consequence of which, on the Death or
Absence of Mr. Hunter, the Government would have
devolved upon the Person first-named, by the express
Words of the Kings Letters Patent. This was not
perceived until the General Instructions had passed
the usual Formalities. But when it was, there was an
Additional Instruction, (which these Gentlemen call a
Letter) form'd on that Occasion in that particular
manner, to restore me to my Place and Precedency in
the Council; which express Words, (as the Gentlemen
call them) had been needless, had I been first named
in the General instructions. And this Additional
Instruction was formed to sup})ly that Defect, and for
496 ADMINISTRATION OF PEESIDENT HAMILTON. [1737
that reason entered into the Council-Books; not to
divest the first or next nam'd Councellor of any
Authority they were at that time vested with, hut to
prevent them or any other CounceUor named in those
General Instructions, from the Use and Exercise of an
Authority under colour of the Queen's Patent and
Instructions (and seemingly warranted by them)
which it was not intended they should do: And in that
Case so circumstanced these express Words were
necessary, to shew that the Person first named in the
general Instructions, notwithstanding he was there
first named, was not the Person authorized to take the
Government upon him upon the Death of a Governor,
As such an authority can only vest in any Person on
the Death or Absence of a Governor, and by such
Death, &c. is then vested in the eldest Councellor,
which at that Time was my-self ; so if they will argue
consistently with their own Principles, it is incumbent
on them to shew some express Words of equal
Authority with the Patent and Instructions, that
divested me of that Authority I was by the Death of
the Governor vested with. I make use of their own
Terms of Vesting and Divesting, or, in plain English,
Cloathing and Uncloathing. To this they answer.
That by the express Words of the Instruction, the
Authority is vested in the eldest Residing Councellor,
which may be the second, third, &c. These may be
express Words, to vest the Second or Third, who by
the Accident of being on the Spot at the time of the
Death, is intituled, pro tempore; but are these express
Words to divest the eldest? by no means. It is the
Accident of Residence in this Case may vest the
youngest; but doth that divest the Eldest, and all his
(the youngest's) other Seniors? and by an Inversion of
the Order of Nature and Things make the Death or
Absence of the Youngest necessary, before the Elder
can take ui)on him the like authority? Or doth the
17137 1 A!)\ri\rsTKATroiV ok im;ksii)i;nt iiamii/i'on'. 4'.)7
Vesting of an Inferior with an Authority, by that Fact
divest a Superior? Every day's Practice shews the
contrary, in Guardians of the Reahn, second and third
Lieutenants, Sub Sherriffs. &c. who are fully vested
in the Absence of their Superiors; and do not, by
being so vested, divest their Superiors; but have that
Authority only for a Time, viz. till the Return of their
Superiors. This shews that a Man ma)^ be vested with
an Authority, and all the Authority of another, and yet
by being so vested doth not divest that other. This I
suppose they will easily grant, but say the Cases are
by no Means parallel; for the Persons mentioned are
known to have a temporary Authority, and made foi-
a temporary End, viz. to Execute the place of their
Principals during their Absence and until their Return;
but that the Case of a resident second oi- third Coun-
cellor is very different; for he being sworn, and by
that and the Possession of the Seals, vested; tho'
vested with a temporary Authority and for a tempo-
rary End, yet being so vested, he is, in the Case of the
Absence of a Governor, to administer the Government
until his Return; or, in case of his Death, until the
Arrival of another, or until his Majesty signifies his
Pleasure in express Terms to revoke his Authority;
and That, notwithstanding the Return of the eldest
Councellor, or any of his Seniors; who (by his the
Younger's being sworn, &c.) are divested of the
Authority that otherwise the Eldest would have had.
This they do and must say to speak consistently; for
otherwise the Words Vesting and Divesting are in this
C*ase but empty Sounds, without any Meaning but to
amuse and deceive their Readers. But if the Case be
not so, and the younger Councellor is not so vested as
to divest the Elder, but holds his place only pro tem-
pore, and in the Interim until the Eldest come upon
the Spot, and is so understood and intended to do by
the King and Ministry, what have the Gentlemen in
oo
498 ADMINISTRATION OF PRESTDEXT HAMILTON. [1737
the Opposition, and those that abet them, been doing?
What the Meaning and Intentions of the Kings
Instructions are, and what Interpretation is to be put
upon the Directions there given, with respect to the
Authority given the eldest Councellor residing, is only
to be determined by the King himself; and that I take
to be sufficiently and clearly done by the additional
Instruction to me directed. Had I been somewhere in
America not in Jersey, at the Time that Direction was
given, there might have been Some Colour to have
sui-mised that the Queen and Ministry were mistaken,
and directed to a person they believed to be in the
actual Administration when he was not: But, I being
in England at that time, and it being known to Queen
then Guardian of the Realm, and the British Coui't,
that I was so, there is no room left for such Surmise:
And it is a clear Determination, that the Eldest Coun-
cellor, tho' absent at the Death of the Governor, really
is and is esteemed the Commander in Chief of tliis
Province; and that any younger Councellor taking the
Administration by being upon the Spot is only in the
Administration in the Interim until the eldest (^oim-
cellor comes upon the Spot; and no otherwise vested
with that Authority, than as a Lieutenant or other
inferior officer is in the Absence of his Superior.
These Gentlemen seem to be in quest of Pretences to
justify their Opposition, like drowning men willing to
lay hold of anything to save themselves. In the first
place, the being upon the Spot, and being once vested
with the Authority, is not to be divested but by
express Words, is laid hold on; and lest that should
not do, the next is, that my Place in Council being
void by my Absence without any Leave that they
know of. But these pretences, like two Sun-Dials
[)laced at the Corner of a Church, tho' the Shade is
cast by the same Sun, are made so as to contradict
each other, and both of them the Truth; For, if the
IT^lTl ADMINISTRATION OF PRESIDENT HAMILTON. 45)0
Pretence of being once vested has any weight, or was
true (as it is not) whether my place in Council was
void or not is not at all material: For according to
that, had T continued eldest Councellor, and been
absent in New York or Pennsylvania, just cross the
the Water at the Time of the Death, I should have
been no more intituled to the Administration than if I
had been in England or Japan. In the next place, if
my Place being void in Council gives the next eldest a
Title, the being vested &c. is foreign to the Purpose,
for in that Case he had a Right to be vested antece-
dent to his being so, and being vested afterwards, gave
no Addition to his Authority. If they lay any Stress
upon what they say in that Case, it amounts to a Con-
fession, that if it was not void I am intituled to the
Administration. That it neither was nor is void, the
Queen has sufficiently determined; but it seems the
Queen is mistaken: How or why she is so, they and
their Abettors may one Day make out, when they
have more Leisure to consider of that Matter than at
present: But in the mean time, if they lay no Stress
upon that Argument, why do they make use of it^
and in such a manner too, as makes it evident, that
even they themselves doubted whether it was void or
not. They say, they do not find any Colour for me to
demand the Administration, but by my N'lme being-
first placed in the royal Instructions, which they con-
fess it is in the Instruction N? 1 . They might have
added, ''and that by the Royal Patent, he whose
Name was first placed in those Royal Instructions,
was on the Death, &c. to take upon him the Govern-
ment, and execute all the Powers and Authoi'ities in
that Commission contained: And also that the Queen
by another Royal Instruction directed to me by Name,
calls me President of the Council and Commander in
Chief of the province of New- Jersey, which She says
is under my Government. But to obviate and oppose
500 ADMINISTRATION OF PRESIDENT HAMILTON. [1737
any Claim made by me, either by Virtue of the Eoyal
Patent and Instructions, or Additional Instruction
declaratory of their Meaning, or on any Pretence what-
soever, they say '' That I was in England, and had been
' ' there more than twelve months before the Death of
" the late Governor or President, and did absent my
'' self from the Province, and continue absent from
" the Province nigh two years without Leave from the
''then Governor, under his Hand and Seal, or any
"otherwise that they could ever hear or learn; and
•' therefore they are of Opinion, that by the Kings
" Instruction NP X. my Place in Council here is
" become void." Whether they mean by [any other-
wise] a Leave from the Governor in any other Manner
than under his Hand and Seal, or any other kind of
Leave than what the Governor could give, is what I
do not well understand: But be it one or other, it will
not follow, that a Thing was not so because they did
not know or did never hear that it was; or that I had
not sufficient Leave, because they never heard that I
had. By their own Confession, their Opinion of my
Place's being void in Council, is not founded on my
Want of sufficient Leave for that purpose, but from
their Want of Knowledge that I had. I wont say
these Gentlemen are the first that founded a Positive
Opinion upon their Nescience, but I believe they will
be the only Persons that will attempt to justify it upon
that foot. Ignorance may sometimes be admitted in
Excuse to palliate a wrong Procedure, but not to
justify it; and never in Men that either did or might
have known better if they would. My Absence from
New-Jersie was either in New- York or in England,
and if I had a sufficient Leave for that Absence, either
from the Governor or his Superiors, it would justifie
tliat Absence, whether these Gentlemen knew it or
not: And it would not be such an Absence as is within
any Meaning of the Instruction they refer to. While
1737] ADMINISTRATION OF PRESIDENT HAMILTON. 501
I continued Chief Justice of New- York, tlie King's
Commission tome, known to the Governor, sufficiently
authorized my Absence. When the Assembly Sat in
New-Jersie, I was attending the Service of that Com-
mission: But if I had not, it is well known to many,
and I doubt not to these Gentlemen, that the Gover-
nor, for Reasons best known to himself, never desired
my Presence there, but the contrary; for which Reason
I never had any Summons sent me: So that my
Absence was so far from being without his Leave,
that my Presence would have been so. And his not
summoning of me was not only a Leave otherwise
than under Hand and Seal, for my being absent, but a
tacit command for my being so. When I was in Eng-
land, it was to prosecute a Suit and Complaint against
the Governor himself, which I might do without his
Leave; and every Suitor has in all such Cases the
King's Leave imply'd; and none of these Absences
-within the Meaning and Intention of the Instruction
refer'd to.
V/hile I am writing This, a printed Proclamation,
issued by Mr. Hamilton, is come to my Hand, (which
I suppose you have seen) by which they attempt to
justify their Opposition, on the pretence of my Place
in Council being void. They have inserted Part of
the Instruction to me, but left out the Direction, viz.
Additional Instruction to Lewis Moi-ris Esq; President
of His Majesty's Council, and Commander in Chief in
and over the Pi-ovince of Nova Caesarea, or New-Jer-
sey in America, or to the Commander in Chief for the
time being. Given at the Court at Kensington, the
first day of June 1T3(). in the ninth year of His
Majesty's Reign. Why they omitted this Direction
they can best tell; but I believe indifferent persons
will put a Construction upon their Conduct in this
Case, not much to their Advantage.
I have no IncHnations to proceed to violent
o02 ADMINISTllATIOX OF PKESIDEXT HAMILTOX. [173T
Measures, which probably will be attended with Blood-
shed; and therefore choose to submit the whole to his
Majesty, who is the best Jud^e of his own Commands,
and what Obedience is due to them.
I had almost forgot to observe, that the Instruction
cited in their Letter or Report to M!' Hamilton, they
say, appears to them to be in order to prevent Disputes
of this Nature. I believe, with them, it was to pre-
vent Disputes, but it was such Disputes as had hap-
pened, which wei-e of a Nature something different
from this, which I don't remember to have happened
any where; nor did those Disputes mentioned ever
happen here; my Lord Cornbury being the first Gov-
ernor sent by the King, since the Surrender of the
Government. Nor could the Dispute now subsisting
have ever happened, if the Reporters had adhered to
the plain words and natural Meaning of the Instruc-
tion they cite, and the Circumstances of the Case in
which they take npon themselves to advise, and by a
strained Construction of Vesting and Divesting, warp
and turn to a purpose very different from what
was intended by it. I remember the Dispute twice to
have happened in New- York, once I think in the year
1691, betwixt the Council there and Col. Dudley, who,
if I was rightly informed, was by the King made
President of the Council, notwithstanding the Senioi-ity
of au}^ other Councellor, and upon the Death of Col.
Slaughter, lay'd Claim to the Government; but the
Council took the Government to be in them and not
in the President and accordingly made Col. Ingoldsby
a Commander in Chief, for which they all narrowly
escaped being sent for, Prisoners to England. Tlie
other was upon the Death of the Earl of Belomont,
I think sometime in tlie year lOlM), when (if I mistake
not) the Lieutenant Governor Nanfan was not upon
the Spot: There the Contention was whether the Gov-
ernment devolved upon the whole Council or upon
1737] ADMIMSTRATION OF PRESIDENT HAMILTON. oO!)
Col. Smith the President, until the Arrival of Nanfan:
But the Government vested in one oi* both, until that
Arrival; and had they fortunately stumbled upon that
luck}'^ hint of once vesting and not to be divested but
by express Words, they might have said Nanfan's
arrival from Barbadoes ( I think it was) could not entitle
him to the Government, which I was ah^eady vested
in Smith &c. and could not be divested but by express
Words posterior to the vesting, to divest Smith &c.
That he had no other Title but by his Commission of
Lieutenant Governor; but not being upon the Spot,
another was vested with the Government and could
not be vested. This might have kept Nanfan out (as
there wanted not strong Inclinations to do) and proba-
bly have given rise to an Instruction to have deter-
mined concerning the Point of Vesting, &c. and
prevented a Dispute which happen'd about Six-and-
thirty years afterwards, and nevei' happen'd before.
But as a Dispute of that Kind did never exist, the
whole Controversy then being Whether upon the
Death of a Governor, and no Lieutenant Governor
upon the Spot, the Government, until the Lieutenant
Governor should arrive, or the Royal Pleasure be
known, devolved in the Interim upon the President or
upon the whole Councils And tlie Instruction men-
tioned, determines that Dispute, That it shall in such
Case devolve in the Interim upon the Person first in
the Instructions, and not upon the whole Council:
And could not be to determine a Dispute that did
never exist nor prevent one that no body but them-
selves ever dreamt of, and which by the Royal
Instruction to me, which shews, that the (^)ueen and
Ministry (who must be supposed to understand the
Nature and Meaning of their own Instructions) took
the Government to have devolved upon me notwith-
standing my being in England, or operated to confer
the Post; and (as I take it) was a full and sufficient
504 ADMIIsriSTRATION OF PRESIDENT IIAMILTOX. [1737
Declaration of the Royal Pleasure to have prevented
any Disputes of the Kind now existing, as the former
was that the Council had nothing to do with the Dis-
position of the Government, nor had any Right to
declare who was or who was not intitledto it; Nor can
their Opinions operate any farther than that of any
other judicious Men, medling with what they have
nothing to do; the Validity of whose Opinions will
depend upon the Knowledge and Sagacity, but not the
Power of the Givers. Tho' it is not likely, yet it is
not impossible, that all the Gentlemen of the Council
might, at the precise Time of the Death of the Gover-
nor, be absent in York and Pennsylvania, and none of
them resideing upon the Spot. I would learn of these
worthy Gentlemen, whether the Government in such
Case devolves upon all or any of the Council? And if
upon any, which of them? For I suppose they will
not say the Government was vacant, but that some-
body had a Right at the Instant of his Death to take
the Administration upon him. If they say it devolved
upon all, or any, it is an Allowance that it could vest
in all or any of them, tho' not residing at the Time of
the Death. If it could vest in any of them tho' not
resident, the Question then will be, which of them in
such Case it would have vested in? The Answer is
easy, according to the Determination made by the
Instruction cited. That it would vest in him who was
first named in the Instruction. But in such Case, as
the more remote Distance (as at Albany) Sickness,
Lameness, or many other unavoidable Accidents,
might prevent the eldest Councellor from getting to
the Spot; and the Youngest, or all the rest of the
Council, might get there before the Eldest; and if
there happened to be an Act of Government necessary
to be done before the Eldest Councellor could arrive,
as the Prorogation of an Assembly, &c, I ask in this
Case, Could the youngest Councellor legally make this
Prorogation, or continue the Assembly? If they
1737] ADMIMSTUATIOX OF 1M{ HSIDKXT HAMILTON. o05
answer, No; then they admit that a Chasm can be in
Government, and tiiat in such Case devolves upon the
Community (pro temi)ore at least) which I think is not
to be admitted. If they say. Yes; then it is incum-
bent upon them to shew by wliat Autliority he could
do this, being neither resident at the Time of the Gov-
ernor's Death, nor first named in the Instructions? If
they say, The Necessity of the thing requir'd it; that
is granted; but then it requir'd it to be done by One
that had Authority to do it, and not by One that had
not; and if legally done, must be done by one that had
a legal Authority antecedent to, or at the Time of his
doing it: And this Authority must be given by the
King's Patent and Instructions, and not otherwise^
And if in this Case given at all (as I think it was) it
must have been given to a Man that was neither resi-
dent at the Time of the Death, noi- the first person
named in the Instructions. Which will shew, that
the Words of the Patent and Instructions, and the
Vesting with an Authority, are to be understood in a
very different Sense from what these Gentlemen seem
to take them in. It is not an Answer, to say, This is
a Case that will rarely if ever happen. It is enough
for me that it can happen. And tho' when I demanded
the Seals, upon my attempting to shew what I took to
be the Meaning of that Clause in the Patent &c. I was
told, they would admit of no Constructions, (No, none
of your Constructions) By which I suppose they
meant, no Construction but their own (which indeed
is pretty much strain'd, to make my Absence such an
Absence as to be within the Meaning of the King's
Instructions; and my Place in Council void, because
they never knew or heard that I had Leave from the
Governor or otherwise) Yet I beg leave to tell them,
that where there is any doubt concerning the Meaning
of a Law. Judges are to make Constructions; and such
Constructions too, as to prevent the Mischief intended
500 ADMINISTIIATIO.N UJ' PRESIDENT HAMILTON. [1737
to be provided against, and advance the Remedy
intended to be given. And agreeable to this Rule of
Law, the Instruction cited by them (which in this Case
is Law to us) ought to be interpreted, and such Con-
struction, and such only, to be put upon it, as will
most effectually prevent the Mischief complain'd of,
and advance the Remedy provided by it. For as the
Queen and Ministry who gave that Instruction, and
her Royal Successors, who have since continued it, did
intend by it to prevent the Mischief there complain'd
of; so there is no doubt to be made, they conceived
the Remedy they proposed, adequate to that purpose;
and fully enough expressed to prevent any of the Evils
mentioned, in all Cases likely or possible to happen
(except the Death of the w^hole Council) without
entring into a Detail of such Cases, or give more par-
ticular Directions concerning them. The Mischiefs
intended to be prevented, were Controversies and Dis-
putes between the Presidents and Councellors, and
between the Councellors themselves, and otherwise.
The Remedy provided to prevent Disputes, and lodge
the Power in a certain Person, was, ' ' that in Case of
"Death or Al)sence. if no Lieutenant Governor, &c.
" the Eldest Councellor whose name is first placed in
" our Instructions to you, and who shall be at the Time
" of your Death or Absence, residing within Our said
"Province, shall take upon him the Administration,
" &c. in Case of your absence until your Return, oi- in
"all Cases until Our further Pleasure be known.''
Here is no express Direction that the next eldest Coun-
cellor shall take upon him the Administration in Case
of the Death or Absence of the Eldest, but only that
the Eldest shall in Case of the Death or Absence of
the (xovernor: Yet at the time of the Govei-nor's
Death or Absence, the next eldest Councelloi- might
not have been resident, tho' afterwai-ds resident at the
time of the Death of the eldest Councellor, and there
1737J ADMINISTKATIUN ()1< PKlvSl DKNI' HAMILTON. '){)]
fore by the Letter of this Instruction could not take
the Administration ui)oii him, but it must devolve
upon the next junior; or the next to him if he hap-
pened to be residing at the time of the Death of the
Governor, tho' absent at the Time of the Death of the
eldest Oouncellor or President; and upon none of them,
either eldest Oouncellor or any othei' of them, if they
happen to be all absent at the Time of the Death of
the Governor, as I put Case above; but such Construc-
tion would be in Advancement of the Mischief instead
of the Remedy to pi-event it, and introduce, not pre-
vent Disputes; therefore (as I take it) the Death and
Absence of the Governor is put by Way of Example,
and governs all the subordinate Cases of Eldest, second
or third Councellors, &c. Who are each of them to
their next Eldest, what the Eldest was to the Gover-
nor, and could legally, in Case of the Absence of the
next Elder hold it, until his Return, as the Eldest
could do till the Return of the Governor; oi- in case of
the President's Absence, the next Eldest upon the Spot
could hold it till the Return of the Governor, or his
next immediate Elder, which soever first hajipened:
And that the Words (at the time of your Death or
Absence) do not only mean at the instant of the Gov-
ernor's Death or Departure from the Province; but
also at any time thereafter (in case of Absence) tilltlie
Governor's Return, or (in Case of Death) until the
Arrival of a new Governor, the Government was to be
Administered by the eldest i-esiding Councellor at all
times during that Period. If it is taken in this Sense,
then if the youngest was resident at the immediate
Time of the Death or Departure he had a Right to the
Administration as eldest Counsellor resident until the
Arrivall of an Elder, who would then be the eldest
Councellor, and so on. If the Words are not to be
taken in this Sense it is impossible to shew by what
Authority the youngest or even eldest Councellor, in
the case put above, could do any Act of Govern-
508 ADMINISTRATION OF PKESIDEXT HAMILTON. 11737
ment; but that in such Case it must devolve upon the
Community; which it is absurd to suppose the Gov-
ernment at home did not intend to provide against:
And therefore (as I think) plainly proves this to be the
true Meaning and Interpretation of that Instruction;
and that the Pretence of V^esting, &c. is idle, ground-
less, and introductive of Disputes dangerous to the
publick Peace. This Interpretation solves all the Cases
that can be put while any Councellor is alive; is in
Advancement of the Remedy and Prevention of the
Mischief mentioned in the said Instructions; preserves
and continues that jDroper and due Subordination,
tigreeable to the Rules of Government and the Nature
of Things. And the Queen's Additional Instruction
directed to me, who was known to be absent at the
Time of the Death of the Governor, amounts to a
Demonstration, that the Queen and Ministry under-
stand the Instruction mentioned in the same Sense
that I do; which may not be unworthy of the Consid-
eration of the Gentlemen in the Opposition, and their
Abettors; and there I leave it; and am, Sir, your
humble Servant,
Lewis Morris.
Here follows a Copy of the additional Instruction
referred to in the above Observations. '
Advertisement of the West Jersey Society, giving
Notice of cui iuf ended application to Parliamod
to vest all their lauds in trustees, to he sold.
[From an Original Broadside in the Library of the New Jersey Historical Society.]
This Publick Notice is Given to all the Inhnbitants
of his Majesty's Dominions in America, And to Ac-
quaint all Persons whatsoever, that are Interested in,
* See ante, page 485,— Ed,
173T| AD.MrNlSTHATlON' OF PIIKSI DENT HAMTI/roX. o09
or Entituled unto Lands there, or otherwise Concerned
howsoever, That the West Netu Jersey Society hav-
ing Suffered great Losses in their Properties, by the
Frauds, Neghgence, and Mismanagement, of their
Agents; cannot Hope for any considerable Benefit and
Profit from their Etates in J. if jEJ/^/C/1, without the Aid
and Assistance of the Parliament of GREAT BRIT-
AIN. And for the enabhng tlie said Society to call their
Agents to Account, and prosecuting such Persons as
have any Ways Injured or damaged them in their
Estates: They, the Said Society, do intend to apply
to the Parliament of Giraf Britain, at their next
Meeting, or Sessions, For sin Act of Parliament, to Vest
all their Estates, Lands, and Properties, in the Jersies,
and other Parts of America that they are now Pos-
sessed of, or Entituled unto, and were Purchased by
them of D- JOHN COX, and REBECCA, his Wife.
And also One other Propriety in West Jersey, in
America, purchased by them of ROBERT HACK-
SHAW, In Trustees, to be sold; and the Moneys
arising by such Sale, after all Charges Deducted, to be
Divided among the Meml)ers of the said Society, in
Proportion to their several Shares, and respective In-
terests therein, according to their Deed of Settlement
bearing Date the -ith of April, 1G92; and of the several
Transfers of Shares since made. And to Enable the
said Trustees, to call the said Society's former Agents to
Account, and to prosecute sucli Persons as have any
way Injured or Damaged them in their Estates. And
that any Bargain or sale of the Society's whole Estate
and Concerns in America.Seitled and agreed unto, by
Three Fourths of the Members of the said Society,
their Executoi's or Administrators in Number and
Value with any Person or Persons whatsoever, shall
be Firm and Valid in the Law, in like Manner as if
every Member of the said Society had Consented
thereto. Or that the said Parliament of Great Britain
510 administrations: of president Hamilton. [1T3T
will give the said Society such other Relief in the
Premises, as in their great Wisdom and Judgment,
shall be thought most Just and Eeasonable.
Dated in London ihis Sixth day of July, one Thou-
sand Seven Hundred and Thirty Seven.
wvIm^Tc^^,,
^/Ci^^^~^-^
'y^:^:^/z<^^^
'J/tSX'S^ ^jhX^i..(ZM^
AI)M[XTSTI;ATI()K of PKI'SIDEXT TTAMTLTON'. oil
M(nuoraii(Jinu (ihotit New York and New Jersey.
iFiuiii P. K. (>. Auifi-iea and West Iiulic... Vul. VII. p. !U!). |
Menif ab: New York |and New Jersey]
Lewis Morris Senf Esq!" to be Govf of N: Jersey
and M: Clarke to succeed his Father as Sec-
retary of New York and his Father to l)e
continued L* Governor. [1737?]
It is tbcnight imVdiately Necessary for the Peace of
the Government of New York that Lewis Morris Sen""
Esq" the late Chief Justice there, he made Governor
of New Jersey; and that M' Clark the Lieut: Gov' of
New York be continu'd so, untill the Arrivall of Lord
Delawarr or some other Governor, and that he may
have leave to Resign his place as Secry of that Prov-
ince, to his Son Clark(\
INDEX.
34
I N D E X
A.
Alexander: James, appointed one of the
Coimcil, 52, 71.— Letter from, to Brig-
adier Hunter, 58.— Continued as Sur-
veyor General of West Jersey. 07 —
Reasons of, for passing the Act for
il-lCOOU in Bills of iTedit, 10v>.- Ap-
pointed Commissioner to try Pirates.
197.— Letters of, to I'. Golden, relative
to Peter Sonmans. '20:2.— Ordered to
deliver all books of West Jersey Pro-
prietors to John Burr, 21;i.- Letters
to, from John Bmr. 211-213.— Letter
from, to Governor Burnet, on the rel-
ative authority of Plantation Assem-
blies. 230.— Letter to ex-Governor
Hunter, about death of ex-Governor
Buniet, etc., 2U].— Memorial to Gov-
ernor Montgomerie. about the W'est
Jersey Surveyor Generalship, 273.—
Answer of West Jersey Proprietors
to his Memorial, 278.— Letter to, from
Thomas Penn, recommending John
Ferdinand Paris, for Agent of New-
Jersey. 293. — Comments on, by Gov-
ernor Cosby, 323. 324, 320, 3'.)."); his re-
moval from the rouneil recom-
mended, 325.— Remarks of, upon
Governor I'osby's proceedings, 327,
360,— Letter to Robert Hunter about
New Jersey affairs, 359. —Signs a peti-
tion again.st Act regulating fees. 404.
—Lords of Trade notice complaints
against, 408; referred to by President
George ( 'larke, 4.39.
Allen: John, Accounts of, as Treasurer
of West Jez-sey, 13;i-141.— Recom-
mended for the Council of New Jer-
sey, 310.
Anderson: John, One of Governor Bur-
nefs Council, 3. -Suspended, 34.—
Appointed Commissioner to try Pi-
rates, 197. — Assumes the Governor-
ship on the death of Governor Cosby,
440.— His death, 445.
A73peals: Instruction to Governor Burnet
about. 1.57.
Aslifielil: Richard, 124.— Recommended
for Council, 317.
Assembly: L'onstitution of. 8. 12. 72.—
Speeches to and addresses of, 24-27.
— Business, before, .58 ; address of,
to the King, 77. -Lords of Trade on
mode of electing representatives of.
83.- Comments of Governor Burnet
upon Acts of, 104.— Views of Governor
Montgomerie upon Acts of, 2»5.— Asks
for a separate Governor from New
York, 270.
Attorney General: Report of, on altera-
tions in the Constitution of the As-
sembly, 72.
B.
Baird iBard): Peter, one of Governor
Bumefs Coimcil, 3, 34.— Payments to,
133.— Report of, on account Bills of
Credit, i:i4. — Appointed Commission-
er to try Pirates, 197. — His ileath.
375.
Ball : Lewis, of West Jersey Proprietors,
Autograph of. 519.
Barclay : John, 57.
Basse : Jeremiah, Payment to, 135.
Biddle's Island: 42, 44.
Bills of Credit: Acts respecting 3, 94.—
Scheme for issuing and sinking, 98.
Laws of Trade respecting 120. -Cosby
comments upon Act for issuing
£40.000. 305.— John Sliarpe. Solicitor,
disapproves of it, 410. Replied l<i bv
Rieliard Partridge. 410.
Bishop of London: Instructions for liis
support. 204.
Bradford: William, 34.
Bridlington: See Burlington.
Bristol: Merchants of, Petition against
the approval of the Act, imposing a
duty on Copper Ore, 370.
Burdens Island: 42, 44.
Builington: 11, 12, 40, 45, 58. 59, 73, 77. 83,
i:i3.
Burlington Island: Description of , 38. 42,
44, 45.
Burlington County: 132.
Burnet: William. Notice of 1. -His in-
structions. 1. 3, 40. 71, 84. 122. Auto-
graphs, 8, 125 — Lcttt'rsfrom, to Lords
of Trade, 8, 10, 32, 53,71, 80, 9;. KM. 117,
181. -Letters of Charles Lunster,
616
rl^t)EX.
respecting, 100. — Proclamation of,
against Peter Soumans, 124. — About
the map of the Province and payment
of interest, 103, 105. — Nominated as
Governor of Massachusetts and New
Hampshire, 187.— On certain New
Jersey Acts, 190. — Letter to, from
James Alexander, relative to Planta-
tion Assemblies, '2W. — His death re-
ferred to by James Alexander, 261.
Buit: John, Letters from, to Jameg
Alexander, on his being appointed
Survej'or General of West Jersey,
■^11, 212.
Burr: Thomas, 211.
Byerly: Thomas, one of Governor Bur-
net's Council, 3. — Incapacitated, 34.
Place filled, 52.
Cape May County: 132. 133.
Carpentei'''s Island: 44, 45.
Carteret: Lord, Letter to, about gold and
silver mines in New Jersey, 64.
Census of New Jersey: 1726, 164.
Charles H: Extracts from grant of, 16.
Chester: 43, 44.
Childe: John, Vice President West Jer-
sey Society, autograph, 519.
Clarke: President George, announces to
the Duke of Newcastle the death of
Governor Cosby, 438.
Clergy of Church of England: Instruc-
tions to Governor Burnet, respect-
ing, 23.
Coldeu: Cadwallader, Letter to, from
James Alexander, about Peter Son-
mans, 202. —Letter about establishing
a public library in New York, through
the Society for Propagating the Gos-
pel, 237.— Referred to, 358.
( 'opper Ore : Exportation of, 7, 9, 207.—
Merchants of Bristol petition against
a tax on, 37G. — Vindication of tax by
Kiehard Partridge, 40(3.
Coram: Thomas, upon laws affecting
prejudicially the manufactures of the
kingdom, 308.
Cornbury: Lord, Administration of, re-
ferred to, 73.
Cosby: (_'ol. William, appointed Governor
of New York and New Jersey, 320;
autograph, 322. — Comments on, by
Lewis Morris, 349, 358.— Comments on
New Jersey Acts, 365, — His reasons
for removing Lewis Morris from the
Chief Justiceship of New York, 366.
--Lords of Trade notice his com-
plaints agamst Alexander, Van Dam
and Morris, 408, 432.— His death, 433,
4;«. 440.
Council: Minutes of, 34, 463.
Counties: to have two reiiresentatives,
83, 85.
Cox: Col. Dan., Description of Burlington
Island, 38. 41-43.— Referred to, 43, 211.
Currency: Value of, 76.— Varieties of. 87.
D.
Day worthy: John, Recommended for
the Council, 317.
DeLancy: James, 329, 333, a34, 343.
Delaware: Islands in the, C, 41, 44.—
Opinion of Attorney and Solicitor
General, respecting the ownership
of, 1.5-18.-- Report on Captain Gook-
in"s petition for grant of, 18. — Order
in ( 'ouncil respecting, 28, 43.
Dela Warr: Lord, appointed Governor of
New Jersey, 491.— Resigns, 491.
Depeyster: Abraham, Recommended for
the New York Council. 70.
Dick: Captain William, Recommended
for the Council by Governor Cosbv.
3:i4.
Downes: Richard, Collector of Cape May
County, receipts from him, 132, 131
Dunster: Charles, Letter from, to one of
the Proprietors, 101.
E.
East Jersey: Ninnber of representatives,
12, 83.
Ecclesiastical Instruction in the Planta-
tions: Order in Council relating
thereto, 126.
Eires (Eiers): William. Recommended for
the Council, 34.— Referred to. 61.
Fairman's Island: In Delaware River,
■12, 44.
Pane: Fran, 377, IOC.
Farmar: Thomas. 314.— Recommended
for » 'ouncil, 422.
Fees: Objections to Act regulating, by
Fran Fane, 377. --Petition against,
403.
Felt Makers' Company: Memori.al of the
Lords of Trade, 306.
Fines and Receipts: Attorney and Solicit-
or General's opinion. 291.
Fisher's Island: Not in Delaware River
43, 44. 46.
Index.
517
G.
Gee: Joshua, About islands in the Dela-
ware, 0.
George I : Autograph, 'Si.
George II: Proclaimed m New York,
1:!0, and In New Jersey, 131.
Gloucester County: Vii, ihS.
Gordon : Thomas. One of Governor Bur-
net's I'ouncil, 3. — Dies, :j3,— Place
filled, .5-,>.
Gookin: Charles, Wishes a grant for
i.slands in the Delaware, (J.-- -Report
relating thereto, IH. Order in Coun-
cil, respecting, 28-;iO. — Referred to,
4.-}.
Gosling: Tohn, Memorial of relating to
Morris, 3G
Gray: Galfridus, On encroachments of
the Indians. 107.
Greuaway: Henry, one of the West Jer-
sey Society, autograph, 319,
H.
Hackchaw: Robert, One of the West
Jersey Society, autograph, .510.
Hamilton: Andrew(of Philadelphia), 101,
102.
Hamilton: John, One of Governor Bur-
net's Council, 3.— Appointed a Com-
missioner to try Pirates. 197 — As-
sumes the Presidency of the CoimcU
on the death of Anderson. 445.—
Autograph, 446; Letter to, from Sec-
retary Popple about vacancies, 454. —
Letter to the Duke of Newcastle
about claims of Lewis Morris, 467.—
Proclamation of, against Lewis Moi--
ris, 469.— His complaints against
Lewis Morris, submitted to the Duke
of Newcastle. 479.— Complaints to the
Lords of Trade about proceedings of
Lewis Morris, 481.
Harrison: Francis, Surveyor of New
York, 7.
Haskell: Mr., 55.
Hats: Fplt Makers' Company Ask that
the inhabitants of the Plantations be
required to wear hats made in Great
Britain. 300.
Hinckman: John, 211.
Hogg Island: 42, 44.
Holland: Captain, 54.
Hollanders Creek Island: 42, 44, 45.
Hooper: Robert Lettice, nominated for
Chief Justice, 97. — Appointed. 182. —
Receipts on account of Bills of Credit,
i:W.— Referred to, 314, 402.
Horsmanden:'Daniel, 323.
Hugg: John, One of Governor Burnet's
( 'ouncil, 3. — Appointed ( 'ommissioner
to try Pirates, 197.— Dies, 293.
Hunter: ex-Governor, Referred to, 10, 12,
.54, 113, 344.— Letters to, from James
Alexander, 55, :i5y. — Letters to James
Alexander, 179, 187.
Hunterdon County: 12, 13. 61, 73, 83, 84,
132. 133.
Indians: Friendly to the inhabitants, 22. -
Galfridus Gray on protection against,
107, 112.
Instructions: To Gov. Burnet. 1. 3. 23, 46,
71,84, 122. -About suppression of vice
and immorality, 159.
Interest on Bills of Credit: Disposition of,
canvassed, 129. — Letters from Gov.
Burnet about, 163, 165.— Amount paid
by Commissioners of Loan Office,
1725, 1,50.— Gov. Montgomerie's Views
on the appropriation of interest to
the pajTnent of incidental charges,
249 —Lords of Trade express their
views thereon, 206.
Islands in Delaware River: 41. 44.
J.
Jamison: David, Chief Justice, 77.— Re-
fei-red to, 344.
Johnston: Andrew, 61. — Letter to, from
Barbadoes, Gov. Montgonierie on his
way to the Province, 183. Recom-
mended for the Council, 317.— Auto-
graph, 317. Notice of, 317, 318.
Johnston: Dr. John, 35, 56. .58,59,00,61,
0.3, 263.— Gives lands in Amboj to
voters, 61.— Chosen Speaker of As-
sembly. 62.— Superseded as one of
New V^ork Council, 70.
Johnston, Junior: John, one of Governor
Burnefs Council, 3. - Appointed Com-
missioner to try Pirates, 197.
Kearny: Michael. Treasurer of Ea.st Jer-
sey: receipts and paymeiits of 1?24-
1725. 142,151.
Keitli: Sir William, Governor of South
Carolina, on protection against the
Indians, 114.— Letter from, about cer-
tain maiuifactures, 203- Discourse
on state of the Plantations, 214.—
Letter to, from Mr. Lowndes about
Pot and Pearl Ashes, 345, and answer,
:M6.— Urged to apjily for the Govern-
ment of New Jersey, 435. Applies
for it. 446 —His views on the neces-
sity for a separate (Sovernor. 4.5U.
Kiiisev: .Tolni. >iemberof Assembly from
Midillesex Comity, 202.
Kiiapp: Thomas, one of West Jersey
Society, autograph, 510.
518
IKDEX.
L.
Lambert: Tliomas, Recommended for
the Council from West Jersey, 31C.
Lane: Henry, 'ii'i.
Lawrence: William, 60, 61.
League Island : 43, 44.
Leonard: Henry. Recommended for the
Coimcil from East Jersey, 318.
Leonard : Samuel, 63.
Lodge: Abraham, of New Jersey Coun-
! cil, 404.
I Lovelace: Lord, 73.
Lowndes: Thomas, Letter from, to Sir
William Keith, about Pot and Pearl
Ashes. 345.
Lyell: David, One of Gov. Burnet's Coun-
cil, 3.— Dies, 130.
M.
Manufactures: Representation of the
Lords of Trade to the President of
Council respecting, 30". (
Mickle: John, Representative from
Gloucester County, 183. 311.
Mico: Joseph, One of the West Jersey
Society, autograph, 510.
Middlesex I'ountj' : Grand Jury for, peti-
tion for a separate Governor, 444.
Militia: Views respecting, by Lewis Mor-
ris, 319.
Mines : Memorial of .John Gosling respect-
ing, 30.— Of gold and silver in New
Jersey, 04.— lo whom belonging, 05,
74, 139.— Lords of Trade respecting,
130.
Minshull: Francis, One of tlie West Jer-
sey Society, autograph, 510.
Moneys: Received and paid Sept. 1730-
Sept. 1735, 133.
Monmoutli County, 61.
Montgomerie: John, Appointed Gover-
nor, 107. — Instructions to, 169, 171. —
His opinions respecting several bills,
167, 189. -Arrives in New York, 1S4.—
Autograph. 185.— Letter to. from
Board of Trade, relative to act appro-
priating interest money, 3i)0, 366. —
Letter from, to Lords of Trade, 307. —
Ditto on New Jersey affairs, 331.—
Letter from Lords of Trade to, on
certain acts passed ni New Jersey,
347. — His answer thereto, :U9. — His
views respecting the paymt-nt of
interest money for incidental ex-
penses, 319, 392.— Letter from, to
Duke of Newcastle, about copper
ore, 367. — Letter from, to tlie Lords
of Trade, about New Jersey affairs,
368.— Ditto, about several acts passed
in New Jersey, 385.— His death, 394.
395.— Letter to, from Lords of Trade
about New Jersey acts. 3'J3. — Succeed-
ed bj- Wni. Cosby, 330.
Moor: Jolm, Hecommended to succeed
Lewis Morris in the Council, 398, 403.
Morris: Lewis, One of Gov. Burnet's
Council, 3.— -Acts of, references to.
.59, 60, 103.— Appointed Commissioner
to try Pirates. 197. Congratulatory
address to, by the New Jersey Coun-
cil, on his succeeding Gov. Mont-
gomerie, 397.— Autograph, 396.— On
New Jersey's having a separate Gov-
ernor from New York, 314. — Recom-
mendations for the Council, 316. —
Views of, respecting militia, 319. —
Chief Justice. 33>^, 339,— His removal
by Gov. Cosby, 339.— Proceedings of,
commented on by Gov. Cosby. 330-
315, :i95.— Letter of, to tlie Lords of
Trade, respecting Cosby, 349-359. —
Reasons of Cosby for removing him,
366.— Lords of Trade to the Queen
upon Cosby's comi^laints, 408.— Peti-
tion of. to the King, against Cosby's
proceedings, 433. — Reasons for his
removal declared insufficient by the
King, 437. -Referred to by President
Clarke, 4:«.— Letter from, to Duke of
Newcastle, about his claim to the
Presidency of the Council, 4.55. — At
meeting of the Council, 403. — Procla-
mations by, 464. 489.— Letter of, to
Lords of Trade, in relation to his
claim for the Presidency, 472. — Re-
port of the Council I'elalive thereto.
474.— Letter fi-om, to President Ham-
ilton, about his proceedings. 478.—
is complaints submitted to the
Duke of Newcastle, 479.— Hamilton
complains to the Lords of Trade re-
specting. 481.— Announces his arrival
in New Jersey, 491. — His observations
on the proceedings of Hamilton sub-
mitted to the Lords of Trade, 493.
Morris, Junior: Lewis. 336.
Morris: Robert Hunter, Letter of, to
James Alexander, commenting on
the proceedings of Gov. Cosby, 431.
Mudd-Banks: On DeIa^vare River, 43, 41.
Murray: Joseph, Of New Jer.sey Council,
404.
N.
Naval Stores: Improvement in produc-
tion of, 68.
Negroes: Imported into New Jersey,
1698-1736, 153.
New, Jersey: Condition of. in 1721.30. —
Produce of, expoitcd by New York
and Pennsylvania, 96. - The most pro-
lific of the Provinces. 103.- Grand
Jury of, address to the King on the
accession of Gov. Montgomerie, 185. —
Memorandum about, 511.
New York and New Jersey: Memoran-
dum about. 511.
Nicholson: Governor, on Protection
against the Indians, 113.
Norris: Captain Matthew, 338.
INDEX.
519
Paper Money : Value of New Jersey, 153,
151— The Lords of Trade respecting,
156.
Paris: John Ferdinand, 344.— Autograpli,
405.
Partition Line: Act for running, submit-
ted for approval, 213.— Approved, X!43.
Parker: John, One of Gov. Burnet's
Coinieil, 3. —Money received from
him on account of Bills of Credit. KW.
—Mayor of IVrth Amboy, 1.55.— Let-
ter from Barbadoes informing him
that Gov. Montgomerie was on his
way to the Provinci^ 183.— A]ipointed
Commissioner to try Pirates, lOT.—
Letter to Rev. Wm. Skinner about
se.al of New Brunswick, :i83. — Auto-
graph, 283.
Partridge: Richard, Comments of, on
the desire of the people of New Jer-
sey for a separate Governor, 303.—
IMemorial of, to the Lords of Trade,
about New Jersey bills, 304.— Vindi-
cates the act for taxing exported
copper ore, 40().--Answei'S Solicitor
Sharpe's objections to the i;40,000 Bills
of Credit, 416.— Petition of, for a sepa-
rate Governor, 1-18.— His reasons
therefor, 451.
Peagram: John, Surveyor General. Ad-
mitted to the Coimcil, 348.
Penn: William, Extracts from Grant of,
ir.
Peim: Tlionias, Letter from to James
Alexander, recommending Ferdinand
John Paris as agent of New Jersey,
^>93.
Pcnsbury Islands: 42, 44.
Perth And)oy: 11, 12. — Lands in, given to
voters, 01.— How represented, 83. —
Seal of, 284.
Petition of the Assembly: Asking for a
separate Governor from New York,
270.
Pliillips: Frederick, 329, 3:«-3;35.
Phillips: Governor of Annapolis, on pro
taction against the Indians, 114.
Pierce: Vincent, ,328.
Pirates: Commissioners for trying, 196.
Population of New Jersey in 1726, 164.
Proprietors: Incorporation of, .58.
Provost: William, Recommended for the
New York Council, 70.— Appointed a
Commissioner to try Pirates, 197. —
Recommended for the (;;ouncil from
East Jersey, 318, 333.— Appointed, 346.
Q.
Quakers: 21,334, 335.
R.
Radford: Andrew, 62.
Reading: John, One of Gov.
Council, 3. — Appointed a
sioner to try Pirates, 197.
Burnet's
Commis-
Richier: Edward, One of the Proprietors.
6.
Rodman: Dr. John, Recommended
the Council, 294, 402.
Rycroft: David, of Barbadoes, 183.
for
S.
Salem: 12. 74, 83-85, 132, 133.
Schuyler's Copper Mine : 7.
Schuylkill River: 44, 45.
Schuyler: John, Recommended for the
Council from East Jersey, 318, 374,
402.
Seal : Warrant for New, 180.
Seal of Perth Amboy: 284.
Seal of New Brunswick proposed, 283.
Sharp, Isaac, .58, .59, 60. 133.
Sharpe: .John, Solicitor, Disapproves of
the Act of Assembly, making £40.000
Bills of Credit. 410.
Skinner: Rev. William. Consulted about
Seal of New Brunswick, 2S4. — Auto-
graph, 285.— Suggests to Sir William
Keith, to appl}' for the Governorship,
4:35.
Smitli: .James, Secretary, Fees of, 4.—
Referred to, 12. 103.— Appointed of
Council, 52, 71.— Appointed a Com-
missioner to try Pirates, 197. — Memo-
rial of, relative to his fees as Clerk,
198.— Death, 320.
Smith: Thomas. Asks to be appointed
Governor of New Jersey, 278.
Smith: Richard, Recommended for
Council from West Jersey, 317, 402.
Smith: William, of New Jersey Council,
404.
Somerset County, 61.
Sonmans: Peter, 103. 26;3.— Proclamation
against, 24.
Spotswood: Governor of Virginia, on pro-
tection agaigst the Indians, 113.
Stacy: Mahlon. Recommended for the
Council from West Jersey, 317. —
Autograph, 317.
Stacy's Island, 44, 45.
Stelle: Gabriel, Recommended for the
Council from East Jersey, 319.
Strut: Governor of New England, on
protection against the Indians, 113.
Surveyor General of Customs: to be ad-
mitted to sit and vote in the Councils,
348.
5^0
INDEX.
Tenecum: 43.
Tenecunck. in Delaware River: 43, 41, 4G.
Tovvnley: Efflnpham, 57.
Trade: Clandestine carried on, 46.
Trent: William, Chief Justice, 77.— No-
tice of, 77.— Autograph, 77.— Chosen
Speaker of Assembly, 77.— Dies, 97.—
Payments to, 133.— Receipts from, on
account Bills of Credit, 131.— Referred
to. 314.
Trenton: Namad after William Trent, 77.
Vacancies in Council reported: 33,31.—
Acted on, 51.
Van Dam: Rip, 332-336, 343,360,395,408,
438.
Van Home: Abraham, Recommended
for New York Council, 70. — Governor
Burnet married to his daughter, 70.
Van Horn: Cornelius, Recommended by
Governor Burnet for the Council of
New Jersey, 130.- Appointed Com-
missioner to try Pirates, 197.
W.
Walters: Robert, 333.
Warrell, Josepli, 334.
Warden: John, SerReant-at-arms, Pay-
ment to, 135.
Watson: John. Old New Jersey Artist, 2.
Wells: John, One of Mr. Burnet's Coun-
cil, 3; Payment to, 133. — Appointed a
Commissioner to try Pirates, 197.—
Old and Infirm, 416.
West: Richard, Report of, upon New
Jersey Acts, 79.
White: William, Doorkeeper, 137.
West Jersey Proprietors' Council: Ap-
point James Alexander Surveyor
General, 67. —Appointed John Burr
to the office, 311.— Advertisement of,
508.
West Jersey: Representatives of, 13, 83.
Wetherill: Thomas, 211.
Willocks: George, a professed Jacobite,
11.— Acts of, referred to, 33, .33, 35, 57,
.59, 61, 101.— Bound over by Governor
Burnet. 60.
Wright: Joshua, 311.
Wyatt: Bartholomew, Representative of
Salem County, 133.
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