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Full text of "Documents relating to the colonial history of the state of New Jersey, [1631-1776]"

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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. 



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(Boc) 






DEC 19 1904 
D.ofO, 



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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. 

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 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: ^\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 





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 



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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who being Sworn on the Holy Evan 
vvledge 


















a^ 






























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150 



ADMINISTRATION OF GOVERNOR BURNET. 



[1726 






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1736] 



ADMINISTRATION OF GOVERNOR BURNET. 



151 



T3 ; ; 


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152 



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) 

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 
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, 

dinance. To the CI for Sealing everv Writ. . . 0, 1, 

For filing every Acc'on 0, 0, 9 

Sheriffs Fees for Serving the Writ 

or Capias. - 0, 10, 

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. 

Entring such Decl. on the Eoll 0, 5, lo 

Copy to be Serv'd on the party 0. 2, 

Term Fee 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, 

For a writ of Enquiry 0, 3, 

Taxing Costs l 0, 4, 

To the Cd for a Cop of the Defend': Plea 

Suppose one Sheet only 0. 0, 7 

Entring Verdict & Judgment 0, 1, 

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. 

ffor a Writ of Enquiry.. <». 1. 

To the Sheriff for the Venire & return. 0, 4, fi 

The like uu a Writ of Enquiry <>, lf>,. •> 

Jurys Ifces for Tryal 0, 12, 

On the Writ of Enquiry ... U, 12, 

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, 

A Ticket for one AVitness only ( >, (>, 



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. 


1, 





0, 


G, 






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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