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Vol. VI. 

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, Clv'n, 
Marcus L. Ward, 
Joel Parker, 
W. A. Whitehead. 

DOCUMENT Syj^ ^j._ 






CoiTesponding Secretary of the New Jersey Historical Society ; Author of 
East Jersey Under the Proprietary Governments ; Contributions 
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. 




NEWARK, N. J. : 


.7)6 3 

3 ^" 



Public Record Office, London, England. 

Ma7iuscripts of the Neiu Jersey Historical Society. 

Rutherfurd Collectioji of Mamiscripts. 

New York Colonial Documents in Secretary of State's Office, 

Elizaietlitown Bill in Chancery. 
New Jersey Secretary of State's Opce, Trentoa. 



1738 — Jan. 35. — Letter from the Lords of Trade to the Duke of 
Newcastle — enclosing the Commission of Lewis Mor- 
ris, as Governor of New Jersey 3 

" April 14. — Letter from the Lords of Trade to the King — 
enclosing instructions for Lewis Morris, as Governor 
of New Jersey 13 

" June 31. — Letter from William Wood to the Lords of Trade 
— relative to the issuing of paper money in the Plan- 
tations 51 

' ' — . — A proposal for the extending and enlarging the trade 

and navigation of Great Britain, etc., by WilliaTn 
Wood...". 53 

" Sept. 11.— Letters from Governor licwis Morris to the Lords 
of Trade and the Duke of Newcastle— acknowledg- 
ing the receiiDt of his Commission, etc 56 

" " — . — Address to the King from the Council and General 
Assembly of New Jersey — thanking him for giving 
the Province a separate Governor from New York — 58 
1739— May 10.— Letter from Governor Morris to Sir Charles Wager, 
First Lord Commissioner of the Treasury — relating 
to the affairs of New Jersey and New York 60 

•' " 30.— Letter from ex-Governor Hamilton to the Lords of 
Trade— complaining of certain proceedings of Gov- 
ernor Morris - - ^9 

June 4.— Letter from James Alexander to Peter Collinson— 
relating to his difficulties with Governor Cosby and 

President Clarke, of New York 71 

4. —Letter from James Alexander to Mr. Rodrigo 

Pacheco— enclosing the foregoing letter 77 

1740_March 37.— Reports from the Lords of Trade to the Plouse of 

Lords— i-elating to the currency in America 78 



1740 — March 27. — State of the paper currency in the British Planta- 
tions --- - 82 

" April 29. — Report of Robert Dinwiddie to the Lords of Trade 
— on the value and trade of the British Empire in 
America 83 

'• " 30. — Arguments of Richard Partridge — relating to the 

currency in America 91 

" July 9. — Report to the Lords of Trade from the Committee 
of CouncU — with draft of an additional instruction to 
the Governors of Plantations in America 94 

" " 31. — Letter from 3Ir. Carkesse, Secretary to the Com- 
missioners of the Customs — relative to a glass-house 
in New Jersey - 98 

" Aug. 31. — Letter from Governor Lewis Morris to the Duke of 
Newcastle — about the raising of troops in New 
Jersey 99 

" Oct. 18. — Letter from Governor Lewis Morris to the Duke 

of Newcastle — upon New Jersey affairs 100 

" " 39. — Communication from Captain Thomlinson to Sec- 

retary Thomas Hill, of the Board of Trade — enclos- 
ing a scheme for putting the paper money in America 

upon a better footing 111 

1741 — Jan. 3. — Proclamation of Governor Morris, relating to the 

currency of Foreign Coins in the Plantations 117 

" •• 31. — Report of the Lords of Trade to the House of Com- 

mons — relative to bills of credit in the Plantations.. 133 

" April 33. — Order in Council appointing Archibald Home, one 

of the Council of New Jersey - 127 

•' Aug. 13. — Communication from the Lords of Trade to the 
Lords Justices — relative to ensigns to be borne by 
ships having private commissions . _ 128 

" " 16. — Letter from Governor Morris to the Lords of Trade 

— about New Jersey affairs 130 

" Sept. 2. — Memorial of the Committees of the Proprietors of 
East and West Jersey to Governor Morris — relating 
to the line between New York and New Jersey 138 

" Nov. 4. — Representation of the Council and General Assem- 
bly of New Jersey to Governor Morris — relative to 
encouragement desired for the making of Iron in the 

Province . 140 

1742 — June 1(1. — Memorial of Rodrigo Pacheco and Richard Par- 
tridge, in behalf of the Proprietors of East Jersey to 
the Lords of Trade — asking for the confirmation of 
an act for regulating the purchasing of lands from 
the Indians 142 












1744— May 

" June 

" July 


1745— Jan. 



28. — Address of the Eastern Council of Proprietors to 
Governor Lewis Morris — relative to the partition line 
between New York and New Jersey __. 144 

25. — Affidavit of James Alexander — relative to the posi- 
tion of the North partition point between New Jersey 

and New York 145 

8. — Letter from Seci'etai-y Hill to Francis Pane — rela- 
tive to two acts of the New Jersey Assembly 150 

9. — Letter from John Hamilton to the Lords of Trade 
— relative to the claim of Lewis Morris for salary, 
whUe striving to obtain the Presidency of New Jer- 
sey - 151 

23. — Letter from Samuel Gillibrand, Deputy Secretary 
of the Lords of Trade to John Hamilton — in answer 
to the foregoing letter 153 

— . — Instructions fi'om John Hamilton and Andrew 
Johnston to John Lawrence for running the parti- 
tion line between East and West J ersey 154 

22. — Letter from Governor Lewis Morris of New Jersey 
to Governor George Clinton of New York 162 

— . — Petition of Abraham Vanaken and Juriam West- 
phale to the Governor and Council of New Jersey — 
relating to disturbances on the Northern boundary of 
the Province 

15.— Report of Chief Justice Robert H. Morris to the 
Board of Proprietors of East Jersey — concerning the 
Northern boundary 168 

15. — Letter from John Hamilton to the Lords of Trade 
acknowledging letter of Secretary Gillibrand of 
August 23^1743.... - 172 

21.— Postscript to the Neiv York Weekly Post-Boy— 
containing particulars of the excommunication of a 
Chief Justice in Pennsylvania - 1 73 

23.— Speeches of Governor Lewis Morris to the General 
Assembly, with the Assembly's address, and Abstract 

3 of the proceedings on the Militia Bill - - - - - 178 

21. — Order in Council referring to the consideration of 
the Lords of Trade, a petition from the inhabitants 
of Elizabethtown, praying that the King woiUd hear 
and determine their controversy with the Proprietors 205 
7.— Memorial of the East Jersey Proprietors to Gov- 
ernor Morris— asking for the passage of an Act for 
running the dividing line from New York ex parte 216 
—Representation of the Council of New Jersey to 
Governor Morris— containing reasons for rejecting 
certain Acts, etc - - ^^^ 



1745 — Feb. 1. — Letter from Governor Morris to the Lords of Trade 

— recoinmendations for the Council 232 

'• " 28. — Certificate of Governor Morris — concerning the 

Proprietors' Surrender of the Government ^234 

" June 19. — Communication from the Lords of Trade to the 
Lords Justices, confirming Governor Morris' recom- 
mendations for the Council of February 1. . _ 237 

" " 20. — Communication from the Lords of Trade to the 
Lords Justices — making further recommendations for 
the Coimcil of New Jersey 237 

" Aug. 15. — Representation from the Lords of Trade to the 
Lords Justices — proposing the I'epeal of the Act 
regulating fees 238 

" — — . — Population in New Jersey in 1737-38 and in 1745.. 242 

" Nov. — Lists of Rioters in Essex County 245 

" Oct. 3-18. — Minutes of the House of Representatives of New 

Jersey 246 

1746 — — . — "A Brief Vindication of the Purchasers against 

the Proprietors, in a Christian Manner " _ ._ 266 

" Feb. — .Commimication of the Rioters to the New York Post 

Boy— about the Riot at Newark 292 

" March 25. — A publication of the Bast Jersey Proprietors — re- 
lating to the Riots 297 

" April 26. — Speech of Samuel Nevill in the House of Assembly 
on the petition of inhabitants of the Northern part of 
the Province 323 

" — — . — Petition to the House of Assembly by certain of the 

Rioters 348 

" May — . — List of Rioters in Essex county., 351 

" " 11. — Commission to Robert H. Morris, Lewis Johnston 
and JClisha Parker to run the line between East and 
West Jersey 352 

" June 4,18, 19.— Minutes of the Council of New Jersey. 367 

" " 30. — Letter from the East Jersey Proprietors — to a Com- 
mittee of the subscribers to a proposal sent to the 
Governor 353 

" Aug. 7.— Order in Council upon a petition of Richard Par- 
tridge, Agent for New Jersey — requesting that the 
King shall authorize the Governor to approve the 
bill prodding for the issue of £40,000 in Bills of 
Credit 361 

" " 11.— Notice of Nathaniel Wheeler and others to the 
Proprietors of East Jersey — stating their willingness 
to a^ipear in Coui-t, etc., to test their rights 3G5 


1746 — Aug. 13.— Proceedings of the Clouiicil of New Jersey— relative 
to the raising of troops, the erection of a Beacon on 
the Highlands of Neversink, etc 371 

" " 29.— Letter from Elislia Parker, Attorney for the Pro- 
prietors of East Jersey, to the Committee making 
the proposals under date of August 11. 392 

" Sept. 27. — Minutes of the Council of New Jersey— relative to 

the embarkation of troops, etc 376 

" Sept. 27. — Letter from President John Hamilton to the Coun- 
cil of New York — relating to the_ destruction by fire 
of the Beacon on the Highlands of Neversink 379 

" Nov. 1. — Letter from Captain Joseph Espinoza to Governor 
Clinton, of New York — complaining of his imprison- 
ment at Perth Amboy, on alleged infractions of the 
privileges of a flag of truce 380 

" — — . — Petition from Captain Joseph Espinoza to Gov- 
ernor Clinton — connected with the preceding charges 381 

" Dec. 23. — Affidavit of Elisha Parker— relative to legal pro- 
ceedings of the Committee of the Rioters 395 

" " 24. — State of the facts concerning the late Riots at New- 
ark, and in other parts of New Jersey, from Sep- 
tember 19th, 1745 397 

" " — . — Letter from James Alexander and Robert Hunter 

Morris, of the New Jersey Council, to the Lords of 
Trade — giving an account of the condition of the 

Province 419 

1747 — Feb. 17. — Letter from Ferdinand John Paris to James Alex- 
ander — about Governor Belchei"'s delay in obtaining 
his Commission 422 

" March 19. — Proceedings of the Council of New Jersey 424 

" April 22. — Letter from David Ogden to President Hamilton 

transmitting affidavits respecting the Riots 426 

" " 29.— Representation of the Lords of Trade to the King 
respecting a petition of Richard Partridge to author- 
ize the Governor of New Jersey to issue Bills of 
Credit 433 

" May 6 & 9. — Proceedings of the Council and message from 
President Hamilton to the House of Assembly of 
New Jersey, with their answer 435 

" May 6,— Letter from Governor Clinton, of New York, to 
Colonel Schuyler of the New Jersey forces— about 
the paying of his troops 441 

" " 9.— Order of the Lords of the Committee of Council 
upon a petition of Jonathan Belcher, appointed Gov- 
ernor of New Jersey— relative to his salary 443 


1747 — May 10. — Letter from James Alexander and Robert H. Mor- 
ris, of New Jersey, to the Lords of Trade, written at 
the request of President Hamilton 446 

" " 11. — Letter from President Hamilton to Colonel ^Peter 

Schuyler, commanding the New Jersey forces 447 

" " 19. — Order of the Lords of the Committee of Council, 
referring to the Lords of Trade, a petition of Jona- 
than Belcher, appointed Governor of New Jersey — 
for permission to be absent from his Government for 
two or three months, to visit New England. 449 

" " 23. — Letter from Governor Clinton, of New York, to 
the Duke of New Castle — relating to the payment of 
troops 451 

" '* 28. — Report of the Lords of Trade on the petition of 

Jonathan Belcher, submitted on the 19th of May 453 

" " — . — List of Rioters in Somerset and Middlesex Coun- 
ties, New Jersey -.. 455 

June — . — Judge Nevill's charge to the Grand Jury of Mid- 
dlesex County, about the Riots - .- 456 

" " 25. — Letter from John Reading, eldest Councillor of 
New Jersey, to the Lords of Trade — informing them 
of the death of President Hamilton, and that he had 
assumed the GoA'ernment 462 

" July 18. — Letter from John Deare to Chief Justice Morris, 

informing him of the Riot at Perth Amboy .- . 463 

" " 20. — Affidavits relating to the Riot at Perth Amboy, 

July 17th - ...". 465 

" " 28. — Letter from Chief Justice Robert Hunter Morris to 

James Alexander — about New Jersev affairs 471 



From the Lords of Trade to the King, with Draft of 
a Commission for Leivis Morris as Governor of 
New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. XIV. p. 4()0.J 

To THE King's most Excell'" Maj''^ 

May it please your Majesty. 

In Obedience to Your Majesty's Commands signi- 
fied to Us by a Lettei' from liis Grace tlie Duke of 
Newcastle dated the i:)'-' Instant, We have prepared 
the Draught of a Commission for Lewis Morris Sen- 
Esq'- to be Your Majesty's Cxovernor of New Jersey in 
America, Which being in the usual Form, We hei'e- 
with humbly lay the same before your Majesty, and 
shall prepare the necessary Instructions for him with 
all possible Dispatch. 

Which is most humbly suhmitt'd 


T Pelham 
Edw" Ashe 
R. Plumer 
Whitehall 25. Jan'rv 1 7;^.T-s M. Bladen 


Draught of Commission of Lewis Morris Sen!" 
Esq'' to be Gov?" of New Jersey. 

George the second by the Grace of God, of Great 
Britain France and Ireland King, Defender of the 
Faith &c. To Our Trusty and Wellbelov'd Lewis Mor- 
ris Senior Esq^ Greeting. Whereas We did by Our 
Letters Patents under Our Great Seal of Great Britain 
bearing Date at Westminster the day of 

1737 in the Eleventh Year of Our Reign constitute and 
appoint Our Right Trusty and welbeloved John Lord 
Delawarr, Cap^ General & Governor in chief in and 
over Our Province of Nova Caesarea or new Jersey 
viz* The Division of East & West New Jersey in 
America for and during Our Will and Pleasure, as by 
the said recited Letters Patents, relation being there- 
unto had, may more fully and at large appear: Now 
know you that We have revok'd and determin'd and 
by these Presents do revoke and determine the said 
recited Letters Patents & every Clause Article and 
thing therein contained. And further know You that 
we reposing especial Trust and confidence, in the 
Prudence Courage and Loyalty of you the said Lewis 
Morris, of Our especial Grace certain knowledge and 
meer Motion have tliought fit to constitute and appoint 
& by these presents do constitute & appoint you the 
said Lewis Morris to be our Captain Gen! & Governor 
in chief in and over Our Province of Nova Caesarea oi" 
New Jersey viz^ the Division of East & West New 
Jersey in America, which we have thought fitt to 
re-unite into One Province and settle under one entire 

And we do hereby require and command you to do 
and execute all things in due manner that shall belong 
unto vour said Command and the Trust We have 


reposed in you, according to the several [xnvers and 
Directions granted or appointed you by this Present 
Commission and the Instructions and authorities 
herewith given you, or by such further Powers 
Instructions and Authorities as shall at any time here- 
after be granted or appointed you under our Signet 
and sign Manual or by Our Order in oui- Privy Coun- 
cil and according to such reasonable Liws and Stat- 
utes as now are in force or hereafter shall be made 
and agreed upon by you with the Advice and consent 
of Our Council & the Assembly of Our said Province 
under your Government in such Manner and Form as 
is hereafter expressed. 

And Our Will & Pleaslke is. that you the said 
Lewis Morris, after the Publication of these ( )ui- Let- 
ters Patents, do in the first Place take the Oaths 
appointed to be taken by an Act ]>assed in the First 
Year of Our late Royall Father's Eeign Entil:' .\,i Act 
for the fartlier Secnrit/j of His Majesf/j's Person and 
(Jovernnienf, and the Succession of ihe (^roivn in the 
Heirs of f/ie late Princess Sophia being Protestants, 
And for E.vtinguishing tJie Hopes of the Pretoided 
Prince of Wales & his open and secret Abettors: As 
also that you make and subscribe the Declaration men- 
tioned in the Act of Parliament made in the 25'.'' Year 
of the Eeign of King Charles the Second Entituled an 
Act for 2) re (^ent in (J Dangers /r/u'cl/ ma _i/ happen from 
Popish Recnsants and likewise that yon take the 
usual Oath for the due Execution of the Office and 
Trust of Our Captain Gen! & Governor in chief in and 
over our said Province of Nova Caesarea or New Jer- 
sey as well with regard to the due and im])artial 
Administration of Justice as otherwise, and further 
that you take the Oath required to be taken by Gov- 
ernors of Plantations to do their utmost that the sev- 
eral Laws relating to Trade and the Plantations be 
observed which said Oaths and Declaration Our Coun- 


oil in Our said Province or any three of the Members 
thereof, have hereby full Power and Authority and 
ai^e required to tender and administer unto you, and in 
your absence to Our Lieut' Governor if there be any 
upon the Place all which being duly perform'd; You 
shall Administer to each of the Members of Our said 
Governor to Couucil as also to Our Lieu^ Governor if there 
SSlfrDep- be any upon the Place the Oaths mentioned 
uty Governor \^^ the Said Act Eutituled An Act for the 
[and] council- ^.^^^^^^^^ Security of his Majesty's Person 

and Government and the Succession of the Crown in 
the Heirs of the late Princess Sophia being Protestants 
d'for extinguishing the hopes of the Pretended Prince 
of Wcdes and his open and Secret Abettors. As Also 
to cause them to make & Subscribe the aforemen- 
tioned Declaration and to Administer to them the Oath 
for the due Execution of their Places & Trusts 
To Supreme ^jjd We do hereby give and grant unto 
councmoJs you full Power and Authority to Suspend 
any of the Members of Our said Council, from sitting 
voting and Assisting therein if you shall find just 
cause for so doing. 

And if it shall at any time happen that by 

To give ac- «^-tt^ 

count of va- the Death departure out of Our said Prov- 
coundis % iiice or Suspension of any of Our said Coun- 
whereof to be cillors or otlierwise there shall be a Vacancy 
a quorvun. .^^ ^^^^ ^^.^ Couucil (any three whereof We 

do hereby appoint to be a Quorum) Our Will & 

Pleasure is that you Signify the same unto Us by 

the first Opportunity that We may under Our Signet 

and Sign Manual constitute and appoint others in their 


But that Our Affairs mav not suffer at 

To fill up va- /. " T A.- - 

cancies in that Distaucc tor waut 01 a due JN umber of 
Council when Qo^ncillors if cver it shall happen tliat there- 

less than 7 on . , . 

the Island to shall bc less than Seven of them residing m 
^^"'^ Our said Province; We do hereby give and 


grant unto you the said John Montgomery' full Power 
and Authority to chuse as many Persons out of the 
Principal Freeholders Inhabitants thereof as will make 
up the full Number of Our said Council to be Seven 
and no more which Persons so chosen & appointed by 
You shall be to all Intents and Purposes Councillors in 
Our said Province until either they shall be confii-m'd 
by Us or that by the Nomination of others by Us 
under Our Sign Manual and Signet Our said Council 
shall have Seven or more Persons in it 
To Call As- ^^^^ '^^^ ^^ hereby give & grant unto You 
sembiies full Power and Authority with the Advice 
and Consent of Our said Council from time to time as 
need shall require to Summon and call General Assem- 
blies of the said Freeholders and Planters within your 
Government in manner and form as shall be directed 
in Our Instructions which shall be given You together 
with this Our Commission. 

, , ,, And Our Will and Pleasure is that the 

Assembly Men 

to take the Fersons thereuiion duly Elected by the Major 
Oaths. p^^^.^ ^y. ^j_^^ Freeholders of the respective 
Counties and places and so returned shall before their 
Sitting take the Oaths mentioned in the said Act 
Entituled An Act for the further Security of his 
Majestys Person and Government and the Succession 
of the Croivn in the Heirs of the late Princess Sophia 
being Protestants And for Extinguishing the Hopes of 
the Pretended Prince of Wales and his Open and 
Secret Abettors. As also make and Subscribe the 
forementionVl Declaration which Oaths and Declara- 
tion You shall Commissionate fit Persons under Our 
Seal of Nova. Csesarea or New Jersey to tender and 
Administer unto them and until the same shall be so 
taken and Subscribed no ijersuii shall be capable of 

» The Commission to Governor Blontgomerie being taken for the model of the 
present one, it is to be presumed that his name was inadvertently used eleven times, 
as it is. in the Public Records instead of tliat of Govei-nor Morris.— Eu. 


S/fiing fho' Elected And We do hereby declare that 
the Persons so Elected and qualified shall be called and 
deemed the General Assembly of that Our Province. 

And You the said John Montgomery with 
lopassLav.s ^^^^ Couseut of Our Said Council and Assem- 
bly or a Major Part of them respectively shall have 
full Power and Authority to make constitute and 
ordain Laws Statutes and Ordinances for the Publick 
Peace Welfare and Good Government of Our said 
Province and of the People and Inhabitants thereof 
ani such others as shall resort thereto and for the 
Benefit of Us Our Heirs and Successors which said 
Laws Statutes & Ordinances are not to be repugnant 
but as near as may be agreable to the Laws and 
Statutes of this Our Kingdom of Great Britain Pro- 
vided that all such Laws, Statutes and Ordinances of 
what Nature or duration soever be within 

Acts to be sent , , . 

home for Ap- three Months or sooner after the makmg 
probation thereof transmitted unto Us under Our Seal 
of Nova Csesaria or New -Jersey for Our Approbation 
or disallowance of the same, As also Duplicates thereof 
by the next Conveyance. 

, , And in Case any or all of the said Laws, 

Repealed - /i • x i x- 

Laws to be Statutes and Ordinances (bemg not before 
''''''^- confirm'd by Us) shall at any time be disal- 
lowed and not approved and so Signify 'd by Us Our 
Heirs and Successors under Our or their Privy Council 
unto you the said John Montgomery or to the Com- 
mander in Chief of Our said Province for the time 
being then such and so many of the said Laws Stat- 
utes and Ordinances as shall be so disallowed & not 
ap))]Oved shall from thenceforth cease determine and 
become utterly void and of noue Effect anything to 
the contrary thereof notwithstanding. 
Governor to And to the eud that nothing may be 
iiave a nea- p^ggg^j Qy cloue by Our Said Council or 

live inega ^ '' 

tive-jvote. Assembly to the Piejudice of U^s Our Heirs 


& Successors We will and Ordain that You the said 
John Montgomery shall have and enjoy a Negative 
Voice in the making and passing of all Laws Statutes 
& Ordinances as aforesaid. 

And you shall and may likewise from time 

Power to ad- . "^ ^ ■,■,-, ■ 

joum &c As- to time as you shall Judge it necessary 
sem les adjoLim pi'orogue and dissolve all General 
Assemblys as aforesaid 

Our further Will and Pleasure is that you shall and 
To use the ^^^J ^^^^ ^^^^ heed the pubhck Seal of Our 
pubiick Seal. Proviiice of Nova Ca^saria or New-Jersey 
for Sealing all things whatsoever that, pass the Great 
Seal of Our said Province under Your Government. 
To Administer We do fui'tlier givc aiid grant unto you 
In'pe^sins he ^^6 Said Johu Montgomery full Power and 
shall think fit Authority from time to time and at any 
time hereafter by your Self or by any other to be 
Authorized by you in that behalf to Administer and 
give the afore mention 'd Oaths to all and every such 
Person or Persons as you shall think fit who shall at 
any time or times pass into Our said Province or shall 
be resident or abiding there 
^ ^ ,,. , And we do further by these Presents give 

To Establish -: ■ n t i ait 4- 

courts of ju- and grant unto you the said J ohn Mont- 
dicature. gomeiy full Power & Authority with the 
Advice and Consent of Our said Council to erect con- 
stitute and establish such and so many Courts of Judi- 
cature and Pubhck Justice within Our said Province 
under your Government as you and they shall think 
fit and necessary for the hearing and determining of 
all Causes as well Criminal as Civil according to Law 
and Equity and for awarding of Execution thereupon 
with all reasonable & necessary Powers Authorities,- 
Fees and Privileges belonging thereto As also to 
appoint and Commissionate fit Persons in the several 
parts of your Government to Administer the Oaths 
mentioned in the aforesaid Act Entituled An Act for 
the further Security of his Majesty s Person and Gov- 


eminent and the Succession of the Crown in the Heirs 
of the Princess Sophia Joeing Protestants and for 
E.vtin(jiiishing the hopes of the pretended Prince of 
Wales and his Open and Secret Abettors As also to 
tender and Administer the aforesaid Declaration unto 
such Persons belonging to the said Courts as shall be 
obliged to take the same. 

And We do hereby Authorize and Im- 
judger^ Jus- power You to constitute and appoint Judges 
uces of Peace ^^^^ jj-^ Cases requisite) Commissi of Oyer 
and Terminer Justices of the Peace and 
other necessary Officers and Ministers in Our said 
Province for the better Administration of Justice and 
putting the Lav^s in Execution and to Administer or 
cause to be Administred unto them such Oath or Oaths 
as are usually given for the due Execution and per- 
formance of Offices and Places and for the clearing of 
Truth in Judicial Causes 

May pardon -^^^^^ ^^ ^^^ hereby give and grant unto 
or Reprieve you full Power aud Authority where you 
shall see Cause or shall Judge any Offender or Offend- 
ers in Criminal Matters or for any Fines or Forfeitures 
due unto Us fit Objects of Our Mercy to pardon all 
such Offenders and to remit all such Offences Fines 
and Forfeitures, Treason and Willful Murder alone 
excepted in which Cases you shall likewise have Power 
upon extraordinary Occasions to grant Reprieves to 
the Offenders until and to the Intent Our Royal Pleas- 
iiie may be known therein. 

To collate ^^^ ^^ ^^^ these Presents Authorize and 
Parsons to luipowor you to Collate any Person or Per- 
Beneflces ^^^^^ ^^ ^^^^ (ji^^j.(.}^gg Qhappels or other 

Ecclesiastical Benefices within (^ur said Province as 
any of them shall happen to be void. 

And We do hereby give and grant unto 

To Arm & .' o r> 

Muster the In- you the Said Joliu Montgomery by your Self 
habitants ^^. |^y your Cap'f & Commaiiders by you to 
be Authorized full Power and Authority to Levy Arm 


Muster Coniniand and Employ all persons whatsoever 
residing within Oiir said Province of Nova Ca^saria or 
New Jersey under your (lovernment and as (Occasion 
sliall serve to March from one Place to another or to 
embark them for the resisting and withstanding of all 
Enemies Pirates Rebels both at Sea and Land and to 
Transport such Forces to any of Our Plantations in 
America (if necessity shall require for the Defence of 
the same against the Invasion or Attempts of any of 
Our Enemies and such Enemies Pirates and Rebels, if 
TopursueEne- there sliall bc (Occasion to pursue & prose- 
mies cute in or out of the Limits of Our said 
Province and Plantations or any of them and if it shall 
so please God them to vanquish apprehend and take 
and being taken either according to Law to put to 
Death or keep and preserve alive at your Discretion 
and to Execute Martial Law in time of Invasion or 
other times when l)y Law it may be Executed and to 
and Execute ^^^^ '"^^^^^ Executo all aud cvcry other thing 
Martial Law aiid tliiugs which to Our Cap: General and 
Gov", in Chief doth or ought of Right to belong. 
To Buud cas- ^^^^^^ ^^ ^^^ hereby give and grant unto 
ties. Forts, you fuU power aud Authority by and wdtli 
Cities. &c ^^^ Advice and Consent of Our said Council 
to erect raise and build in Olu- said Province of Nova 
Ca?saria or New Jersey such and so many Forts and 
Plat Forms Castles Cities Boroughs Towns and Forti- 
fications as you by the Advice aforesaid shall Judge 
necessary, and the same or any of them to Fortyfy 
and Furnish with Ordnance Ammunition and all Sorts 
of Armes fit and necessary for the Security and De- 
fence of Our said Province and by tlie Advice aforesaid 
the same again or any of them to Demolish or Dis- 
mantle as may be most Convenient. 
To appoint Aud foi'asmuch as divers Mutinies and 
Cap.- and ];)i<^orders niav happen bv Persons Shipped 
for's^s?; and EmployVl at Sea dui-ing the time of 
vice ^^ar and to tlie end that such as shall be 


Shipped or Imploy'd at Sea during the time of War 
may be bettei- Governed and Order'd We do hereby 
give and grant unto you the said John Montgomery 
full Power and Authoiity to constitute and appoint 
Capf Lieu-' Masters of Ships and other Commanders 
and Officers Commissions to Execute the Law Martial 
according to the Directions of An Act pass'd in the 
-j^gth Year of the Reign of King Charles the Second 
Entituled An Act for the Establishing Articles and 
Orders for the Regulating & better Government of his 
Majesties Navies Ships of War and Forces by Sea 
(luring the time of War &c. to use such proceedings 
Authorities Punishments Corrections and Executions 
upon any Offender or Offenders who shall be Mutinous 
Seditious Disorderly or any way unruly either at Sea 
or during the time of their Abode or Residence in any 
of the Ports Harbours or Bays of Our said Province as 
the Cause shall be found to require according to Mar- 
tial Law and the said Directions during the time of 
War as aforesaid. 

Provided that nothing herein contained shall be con- 
Not to take strued to the enabling You or any by your 
cognizance of Authority to hold Plea or have any Juris- 
by Persons dictiou of auy Offeuce Cause Matter or 
Employed in Thiiig conuiiitted or done upon the High 

Ships of War „. *^ ... ^ ,. ^ , -^^ ^ _,. ^ 

on the High ^QSL. ov without ot the Havons Rivers or 
Seas. Creeks of Our said Province under youi- 

Government by any Cap' Commander LieU; Master 
Officer Seaman Soldeer or other Person whatsoever 
who shall be in Actual Service and pay in or on Board 
any of Oui- Ships of War or other Vessels acting by 
Immediate Commission or Warrant from Our Com- 
miss'* for Executing the Office of Our High Admiral 
or from Our High Admiral of Great Britain for the 
time being under the Seal of Our Admiralty But that 
such Cap. Commander Lieutenant Master Officer Sea- 
man Soldier or other Person whatsoever who shall be 


in Actual Service and pa}^ in or on Board any of Our 
Subjects War or other Vessels acting by Immediate 
Conunission or Warrant from Cur Commiss" for Exe- 
cuting the Office of Our High Admiral or ft-om Our 
High Admiral of Great Britain for the time being 
under the Seal of Our Admiralty But that such Cap' 
Commander Lieu' Master, Officer, Seaman Soldier or 
other Person so Offending shall be left to be proceeded 
against and try'd as their Offences shall require either 
by Commission under Our Great Seal of Great Britain 
as the Statute of the 28th of Henry the Eightli Dii-ects 
or by Commission from Our said Commiss" for Exe- 
cuting the Office of Our High Admiral of Great Britain 
for the time being according to the aforementioned 
Act for the Establishing Articles and Orders for the 
regulating and better Government of His Majestys 
Navies Ships of War and Forces by Sea and not other- 

But what is Provided Nevertheless that all disorders 
done on Shore aiid Misdeamcanours committed on Shoie 

by sucli Per- 

sons he may by' any Cap! Commander Lieu- Master Offi- 
^'"■^' cer Seaman Soldier or other Person whatso- 

ever belonging to any of Our Shi]:»s of War or other 
Vessels acting by immediate Commission or Warrant 
from Our said Commiss" foi' Executing the Office of 
Our High Admiral or from Our High Admiral of Great 
Britain for the time being under the Seal of Our Admi- 
ralty may be tryed and i)uni.shed according to the 
Laws of the Place where any such Disorders Offences 
and Misdemeanors shall be connnitted on Shore not- 
withstanding such Offender be in Our Actual Service 
and Born in Our Pay on Board any such Our Shi]is of 
Waj' or other Vessels Acting by Immediate Conunis- 
sion or Warrant from Our said Com miss' ~ for Execu- 
ting the ()ffice of Our High Admiral or (Jar High 
Admiral of Great Britain for the time being as afore- 
said so as he shall not receive any Protection for the 


Avoiding of Justice for such Offences committed on 
Shore from any pretence of his being Imployed in Our 
Service at Sea. 

Our further Will and Pleasure is that all 
to" be issued publick Mouy raised or which shall be raised 
by Gov'rs \yj ^^y ^^t hereafter to be made within our 
said Province be issued out by Warrant 
from You by and vdth the Advice and Consent of Our 
Council and disposed of by You for the Support of the 
Grovernraent and not otherwise. 

And We do hereby give you the said John 

To appoint -^ " •' 

Fairs, xMarts, Montgomery full Power and Authority to 
Ports &c order and appoint Fairs, Marts and Markets 
as also such and so many Ports, Harbours Bays 
Havens and other Places for the Convenience and 
Security of Shipping and for the better Loading and 
unloading of Goods and Merchandise as by you with 
the Advice and Consent of Our said Council shall be 
thought fit and necessary. 

And We do hereby require and Command 

All Officers 

&c:tobeObe- ^11 Officei's aud Ministers Civil & Military 
dient. aiding ^^^(\ ^11 othei' Inhabitants of our said Prov- 
ince to be obedient aiding and assisting unto 
You the said John Montgomery in the Execution of 
this Our Commission and of the Powers and Authoii- 
ties herein contained And in case of youi- Death or 
Absence out of Our said Province to be obedient aid- 
ing and Assisting unto such Person as shall be 
appointed by Us to be Our Lieu- Govf or Commander 
in Chief of Our said Province to whom We do there- 
fore by these Presents give and grant all and Singular 
the Powers and Authorities lierein granted to be by 
him executed and enjoyed during Our Pleasure or 
until your Arrival within Our said Province. 

And if upon vour Death or Absence out of 

President ot ^ 

the Council to Our Said Pi'ovmce there be no Person upon 
comm'dinhis the Place Coiiimissionatod or Appointed bv 

Absence. i /-\ 

Us to be Our Lieu* Governor or Commander 


ill Chief of the said Province, Our Will and Pleasure 
is that the Eldest Oouncillor whose name is first placed 
in Our said 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 (xovernment and Execute Our 
said Commission and Insti'uctions and the several 
Powers and Authorities therein contained in the same 
manner and to all Intents & Purposes as other Our 
Governor or Commander in Chief of Our said Province 
should or ought to do m Case of Your Absence until 
you return or in all Cases until Our fvirther Pleasure 
be known therein 

To Execute And We do hereby Declare, Ordain and 
these powers Appoiiit that you tlic Said John Montgomery 
mngs^ pieas^- shall aiid may hold execute and enjoy the 
ure Office and Place of Our Cap- General and 

Governor in Chief in and over Our Province of Nova 
Caesaria or New-Jersey together will all and Singular 
the Powers and Authorities hereby granted unto You 
for and during Our Will and Pleasure, 

In Witness whereof We have Caused these Our 
Letters to be made Patents Witness Our Self at West- 
minster the Day 1T:')7 In the first Year of Our 

Fro)}i tJie Lords of Trade to the King—with a draft 
of tlie Ir/sfructions to Lends Morris as (ror- 
ernor of New Jersey. 

[From P. R. O. B. T. New Jersey. Vol. XIV. p. 408.] 

To THE Kings most Excell.'' Majesty 
May it please your Majesty 

In Obedience to your Maj'V" C*ommands signified to 
Us by his Grace the Duke of Newcastle, One of your 


Majesty's Principal Secretaries of State in his Letter 
of the 18^.'' Day of January last, We. have prepared the 
the inclosed Draught of general Instructions, and of 
those which relate to the Acts of Trade ^fe Navigation 
for Lewis Morris Sen!' Esq"^ whom your Majesty lias 
been pleased to appoint Governor ik Commander in 
chief of New Jersey in which We have made no Alter- 
ations or Omissions from the Instructions which your 
Majesty has already approved to your othcn- Cxovernors 
in America, and to your Majestys late {rovernor of 
New York & New Jersey Col" ('osby except in the 
following Articles. 

In the first Article We have inserted, as usual, the 
Names of twelve Councillors viz^. John Hamilton, John 
Wells. John Reading Cornelius Van Horn, William 
Provost, John Schuyler, Thomas Fai'iner, John Rod- 
man, Richard Smith, Robert Lettice Hooper. Robert 
Hunter Morris, and Fen wick Lyell Esq'- of this Num- 
ber, the first five are at present actually in the Exer- 
cise of that Function, the remaining seven are recom- 
mended to C^s, as Persons well quahfied to serve your 
Majesty in that Station. 

At the same time we take Leave to inform your 
Majesty that We have omitted the Name of James 
Alexander who stands upon the old List of Councillors, 
because We have been inform'd he is a Person not 
proper to serve in that Station, and represented the 
same to your Majesty in Our Report of the 2S'." Au'^-ust 

We have omitted the 2<s^" Article for laying as high 
Duties on all goods imported in or exported from New 
Jersey as from New York, it being contrary to the 
general Tenor of your Majesty's Instructions to all 
your other Governors in America, to lay any Duties on 
British Goods or Shipping. 

We have omitted the Words New York in the nV 
Article, relating to the provision for the Lieut! Gov', in 
the Absence of the Governor, as likewise the Proviso 


at the End of it, which relates to the Governors going 
into Connecticut to regulate the Militia When both 
New York & New Jersey were under One Governor, 
this might be necessary but not at present. 

We have omitted the 57"' Article relatiing to the 
Affirmation of Quakers that being provided for by an 
Act passed in this province in 1T27-S 

We have likewise omitted the 91^^ Article relating to 
the Tryal of Pyrates M! Morris not being as yet 
appointed a ('ommiss'" for that purpose. 

All which is most humbly submitted 


M. Bladen 
Whitehall April the 14^" IToS. Ja. Brudenell 

R. Plumer 
• R. Herbert. 

Inst ructions to oui- Trusty and Welbeloved Lewis 
Morris Esq"' Our Capt" General and Governor in chief 
in and over Our Province of Nova Cassarea or New 
Jersey in America Given at 

First With these Our Tnti-uctions you will receive 
Our Commiss" imder Our Great Seal of Great Britain, 
constituting you Our Capt" General & Governor in 
chief in & over Our Province of New Jersey, You are 
therefore with all convenient speed to repair to Our 
said Province and being there arrived you are to take 
u]ion you the Execution of tlie Place and Trust We 
have reposed in you and forthwith to call together the 
following i)ersons. whom We do by these Presents 
constitute & ap]wint members of Our Council in and 
for that Province viz' John Hamilton John Wells, John 
Reading, C^ornelius Van Horn William Pro- 
counciiiors ^^^^^ j^^^^ Scliuylcv, Thomas Farmer John 

Rodman, Richard Smith. Robert Lettice Hooper, 
Robert Hunter Morris, and Fen wick Lyell Esq-"-^ As 
also John Peagrum Esq^ Surveyor Gen! of Our Cus- 
toms and the Surveyor Gen? of Our Customs in the 


Northern District of Our Dominions in America, for 
the time being shall be admitted to sit and vote in the 
Council as a Councillor Extraordinary. 

. . 2'V>' And vou are with all due Solemnity 

Commission ■' , '' 

to be publish- to cause Our said (commission to be read 
*^ and published at the said Meeting of Our 

Council which being done you shall then take, and 
also administer to each of the Members of Our said 
Council the Oaths mention'd in an Act pass'd jn the 
V^ Year of his late Majesty's Our Royal Fathers Reign 
Entituled an Act for the further Security of 

Oath taken , • .^ • / ^ D 7 ^ / 7 

Ins Majestf/ s Person and (jroverniiient, ana 
Succession of the Crown hi the Heirs of the tate Prin- 
cess Sophia being Protestants and for extinguishing 
the Hopes of the pretended Prince of Wales and his 
open and secret Abettors, as also make and subscribe 
and cause the Membeis of Our said Council to make 
and subscribe the Declaration mentioned in an Act of 
Parliament made in the 25"' Year of the Reign of King- 
Charles the 2? entituled A)t Act for preventing Dan- 
gers which may Jiappe7i from Popish Recusants and 
you and every of them are likewise to take an Oath 
for the due Execution of your and their Places & 
Trusts, with regard to your and their equal and impar- 
tial Administration of Justice, and you are also to take 
the Oath required to be taken by Governoi's of Planta- 
tions to do their Utmost that the Laws relating to the 
Plantations be observed. 

What instruc- '^* ^^^^ ^^"^ forthwith to communicate unto 

tions to be Qur Said Council, such and so many of these 

''teTtoThe Our Instructions, wherein their Advice & 

Council. Consent are required, as likewise all such 

others from time to time as you shall find convenient 

for Our Service to be im])arted to them. 

Freedom of ^ ^^^^ ^^'^ ^^* l)ermit the Members of Cur 

Debate in Said Couucil to have and enjoy Freedom of 

council fi^i^ai^p and Vote in all Affairs of pubKck 
Concern that may be debated in Council. 


5 And altho' by our Gommiss" aforesaid We have 
thought fit to direct that any three of Our Councillors 

make a Quorum it is never-theless Our Will 


A: Pleasure that you do not act with a 
Quorum of less than five Members, unless upon Extra- 
ordinary Emergencies, when a greater Number cannot 
be conveniently had. 

6 And that We may be always informed of the 
Names and Characters of Persons fit to supply the 
Vacancies that shall happen in Our said Council you 
are to transmit unto Us by one of Our principal Secre- 
taries of State and, to Our Com*"* for Trade & Planta- 
tions with all convenient speed, the Names & Charac- 
ters of six Persons Inhabitants of the Eastern Division, 

and six other persons inhabitants of the 

Recommen- ^ 

dationof Western Division of Our said Province, 
Councillors. ^^^^^^^ y^^j g|^.^ll estcem the best quahfied 

for that Trust, and so from time to time, when any of 
them shall dye, depart out of Our said Province, be 
sworn into Our said Council or become unfit, you are 
to nominate unto Us so many others in their stead, 
that a List of twelve Persons fit to supply the said 
A^acancies viz' six of the East & six of the West divi- 
sion as aforesaid, may be always compleat. 

7 And whereas by Our Commission you are impow- 
er'd in case of the Death or Absence of any of Our 
Council of the said Province to fill up the Vacancies in 

Our said Council to the number of Seven 

Vacancies to ^ f ±' j. j.- -i- 

be suppiyed aud uo more, you are from time to time to 
by Gov'r g^^^^^ ^^ Ug ^g- aforesaid, and to Our Com- 

miss'>' for Trade and Plantations the Name or Names 
and qualities of any member or members, by you put 
into Our said Council by the first conveniency after 
your so doing. 

8 And in the choice & Nomination of the Members 
Qualification of Our Said Couucil, as also of the Chief 
of Officers. Officers, Judges, Assistants, Justices and 



Sheriffs, you are always to take care that they be men 
of good Life and well affected to Our Government, of 
good Estates & Abilities & not necessitious People. 

J> You are neither to augment nor diminish the 
Xumber of Our said Council, as it is already estab- 
suspensioii of lished, uor to suspend any of the members 
Councillors thcreof without Cxood and sufficient Cause, 
nor without the Consent of the Majority of the said 
Council, and in case of Suspension of any of them, 
you are to cause your Reasons for so doing, together 
with the Charges and proofs ag*"' the said Persons and 
their Answers thereunto, to be duely entered upon the 
Council Books, and forthwith to transmit Copies 
thereof to Us as aforesaid, and to Our Commissioners 
for Trade & Plantations, Neverthless if it should hap- 
pen that you should have Reasons for suspending any 
Councillor not fit to be communicated to the Council, 
you may in that case suspend such Person without 
their Consent, but you are thereupon immediately to 
send to Us, by one of Our Principal Secretaries of 
State, and to Our Commiss'-* for Trade & Plantations, 
an Account thereof, with your Reasons for such Sus- 
pension, as also for not communicating the same to 
the Council, S: Duplicates thereof by the next Op]X)r- 

10 You are likewise to signify our Pleasure unto 
the Members of Our said Council that if any of them 
shall hereafter absent themselves from Our said Prov- 
counciiiors hicc, and continue absent above the space of 
absenting. Twelve moutlis together, without Leave 
from you or from Our Governor or Commander in 
chief of the said Province for the time being, first 
obtained under your oi' his Hand and Seal or shall 
remain absent for the space of two yeai's successively 
without Our Leave given them, undei' Our Royal Sign 
Manual, their Place or Places in Our said Council shall 
immediately thereupon become void, and that we will 
forthwith appoint others in their Stead. 


1 1 And whereas we are sensible that effectual Care 
ought to be taken to oblige the Members of (3ur Coun- 
cil to a due Attendance therein, in order to prevent 
the many inconveniences that may happen for want 
of a Quorum of the Council to transact Business as 
Occasion may require. 

It is Our Will & Pleasure, that if any of the Mem- 
counciiiors ^^^'^ *^^' 0^^' ^^^^ Couucil residing in the 
attendance Proviuce, sliall hereafter willfully absent 
themselves from the Council Board, when duly sum- 
mon'd, without a just & lawfull Cause, and shall per- 
sist therein after admonition, you suspend the said 
Councillors so absenting themselves, till Our further 
Pleasure be known, giving us timely notice thereof, 
And we hereby will & require you, that this Our 
Pleasure be signified to the sev' Members of Our Coun- 
cil aforesaid, and that it be entred in the Council Books 
of Our said Province as a standing Eule. 

12. And Our Will & Pleasure is that with aU con- 
venient speed you call together one Clen! Assembly for 
the enacting of Laws for the joint and mutual Good 
Meetin-of the ^^ ^^^^ wliole Proviuce, That the first meet- 

Assembiy jng of the Said gen' Assembly be at Perth 
Amboy in East New Jersey, in case the last was at 
Burlington, and that aU future Gen.' Assemblies do 
meet and sitt at one or the other of those Places allter- 
nately or otherwise, as you, with the advice of Our 
foresaid, Council, shall think fitt in case of extraordi- 
nary necessity, to appoint them, 

13. Our Will & Pleasure is and you are accordingly 
to make the same known in the most publick manner. 

Method of 'J^hat the Method of choosing Representa- 
Eiection flves foi' the future shall be 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 in the 
said Division of East new Jersev. Two bv the Inhabi- 


tants Householders of the City or Town of Burhngton 
• in West New Jersey, and two hy tlie Freeholders of 
each of the five Counties in the said Division of Vv^est 
New Jersey. Which persons so to be chosen make up 
fof/cfher the number of tiventy four representatives. 
And it is Our further Will and Pleasure that no Per- 
son, shall be capable of being elected a Representative 
by the Freeholders of either Division as aforesaid or 
afterwards of sitting in gen! Assemblies who shall not 
have One thousand Acres of Land of an Estate of 
Freehold in his own Right within the Division for 
which he shall be chosen, or have a personal Estate in 
Money, Goods or Chatties to the Value of five hundred 
pounds Sterling, and all Inhabitants of Our said Prov- 
ince being so qualified as aforesaid are hereby declared 
capable of being elected accordingly. 

14. You are to observe in the passing of Laws that 
the Stile of Enacting the same be by the Govern! 

Passing of Council & Asscmbly and no other; you are 
Laws. also as much as possible to observe in the 
passing of all Laws that what ever may be requisite 
upon each different matter be accordingly provided 
for, by a different Law, without intermixing in one & 
the same Act such things, as have no proper Relation 
to each other and you are more especially to take Care 
that no Clause or Clauses be inserted in or annexed to 
any Act, which shall be foreign to what the Title of 
such respective. Act imports, and that no perpetual 
Clause be made part of any temporary Law, and that 
no Act whatsoever be suspended, alter'd, continued, 
revived or repealed by Gen' Words, but that the Title 
and Date of such Act so suspended altered, continued, 
revived or repeal'd be particularly mention VI and 
expressed in the enacting part. 

15. You are to take care that in all Acts or Orders 
to be passed within that Our Province in any Case for 
levying money or imposing fines & Penalties, express 


mention be made that the same is granted or reserved 
to Us Our Heirs or Successors for the piibhck Uses of 
.that Our Province and the Support of the CTOvernin' 
thereof, as by the said Act or Order shall be directed, 
And you are particularly not to pass any Law, or do 
any Act by Grant or Settlement or otherwise whereby 
Oui' Eevenue may be lessened or itnpair'd. without Our 
especial Leave or Commands therein. 

16. You are not to permit any Clause whatsoever to 
Pubiick ^^ inserted in any Law foi- the levying of 
Money to be Moiicy or the Value of Money whereby the 
accounted for. ^j^^ game shall not be made lyable to be 
accounted for unto Us & to Our Com miss- of Our 
Treasury or Our high Treasurer for the time being, 
and audited by Our Auditor Gen! of Our Plantations 
or his Deputy for the time being. And We do pai-- 
ticularly require and enjoyn you undei- the Pain of 
Our highest Displeasure to take care that fair Books of 
Accounts of all Receipts & Payments of all pubiick 
money be duely kept, and the Truth thereof attested 
upon Oath, and that all such Acci^unts be audited &. 
attested by the Auditor Gen? of Our Plantations or his 
Deputy, who is to transmit Copies thereof to Oui- 
Commiss'" of Our Treasury, or to Our high Treasurer 
for the time being, and that you do every half Year oi- 
oftner send another Copy thereof attested by your self 
to Our Commiss"".* for Trade & Plantations & Duph- 
cates thereof by the next Conveyance in which Books 
shall be specified every particular Sum raised and dis- 
posed of together with the names of the Persons to 
whom any i)ayment shall be made: to the End We 
may be satisfied of the right and due application of tlie 
Revenue of Our said Province with the probability (if 
the Increase or Diujinution of it, under every. Head or 
article thereof. 

Impost on ' <"• It is Our express Will d: Pleasure that 
Liquors no Law for rais? any Imposition on Wines 


or other strong Licquors, be made to continue for less 
than one whole Year, and that all other Laws made 
for the Supply & Support of the Governm? shall be- 
indefinite and without Limitation, except the same be 
for a Temporary Service, and wh':'' shall expire and 
have their full effect within the time therein prefixt. 
Royal assent ^^- ^^^^ wliereas several Laws have for- 
to be had on merly been enacted for so short a time that 
the Assent or Refusal of Oui' Royal Prede- 
cessors could 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 (excei;)t 
in the Cases mentioned in the foregoing Article). And 
you shall not re-enact any Law to which the Assent of 
Us or Our Royal Predecessors has once been refused 
without Express Leave for that Purpose first obtained 
from Us, upon a full Representation by you to be 
made to Us, and to Our Commiss''^ for Trade & Plan- 
tations, of the Reason and necessity for passing such 
Law, nor give your assent to any Law for repealing 
any other Act pass'd in your Government, whether 
the same has or has not received Our Royal Approba- 
tion, unless you take care that there be a Clause 
inserted herein, suspending and deferring the Execu- 
tion thereof until Our Pleasure be known concern? the 
„.„ , ^ 19 Whereas Acts have been pass VI in 

Bills of Credit n r-^ 

some of Our Plantations in Amei'ica for 
striking Bills of Credit and issuing out the same in lieu 
of Money in Order to discharge their pubhck Debts and 
for other purposes, from wiience sev! Inconveinencies 
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 Govei-nnient 
whereby Bills of Credit may be- struck or issued in lieu 
of Money without, a Clause be inserted in such Act 


declaring that the same shall not take Effect, until the 
said Act shall have been approved & confirni'd by Us 
Our Heirs & Successors. And it is Our further Will 
& Pleasure that you do not give your Assent to or 
pass any Act in Our said Province of New Jersey 
under your Government, for payment of Money either 
to you the Governor or to any Lieu^ Governor or C^om- 
mander 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 like- 
wise inserted in such Act declaring that the same shall 
not take effect until the said Act shall have been 
approv'd and confirm'd by Us Our Heirs or Successors. 
20. And whereas great Mischiefs may arise by pass- 
„.„ , ^ ing Bills of an unusual & extraordinarv 

Bills of extra- " ^ ./ 

ordinary na- Nature & Importance in the Plantations. 
*"''®- w''" Bills remain in force there from the 

time of enacting until Our Pleasure be signified to the 
contrary, We do hereby will and require you not to 
pass or give your Consent hereafter to any Bill or Bills 
in the Assembly of Our said Province of unusual and 
extraordinary Nature and importance, wherein Our 
Prerogative, or the Property of Our Subjects may be 
prejudiced, or the Trade or Shipping of this Kingdom 
any ways affected, until you shall have first transmit- 
ted to Us the Draught of such a Bill or Bills and shall 
have receiv'd Our Royal Pleasure thereupon unless you 
take care in the passing of any Bill of such Nature as 
before mention VI that there be a Clause inserted there- 
in, suspending & deferring the Execution thereof 
until Our Pleasure shall be known concerning th(» 
same: And it is Our express Will d: Pleasure that no 
Duty shall l)e laid in the Province under Your Govern- 
ment upon British Shi])ping or upon the Product or 
Manufacture of Great Britain, And that you do not 
upon Pain of Our highest=Displeasure give your Assent 
to any Law- whatsoever, wherein the Natives or Inhab- 


itants of New Jersey are put on a more Advantageous 
footing than those of this Kingdom. 

2P> You are also to take Care that no pri- 

Private Acts. i i i t> • 

vate Act, whereby the property or private 
Persons may be affected, be j)assed, in which there is 
not a saving of the Right of Us, Our Heirs and Suc- 
cessors, all Bodies Politick or Corporate and of all other 
Persons except such as are mention'd in the said Act, 
and those claiming by, from and under them, and fur- 
ther you shall take [cai-e;'| that no such private Act he 
passed without a Clause suspending the Execution 
thereof until the same shall have rece'd Our Royal 
approbation. It is hkewise Our TT7// & Pleasure that 
you do not give your Assent to any private Act until 
Proof be made before you in Council, (and entred in 
the Council Books) that publick Notification was made 
of the Parties Intention to apply for such Act in the 
sev! Parish Churches where the Premises in Question 
lye, for three Sundays at least Successively, before any 
such Act shall be brought into the Assembly; And 
that a Certificate under your Hand be transmitted 
with and annexed to every such Private Act signify- 
ing that the same has pass'd thro' all the forms above 

22. You are to transmit Authentick Copies of all 
Laws, Statutes and Ordinances that are now made 
and in force which have not yet been sent or which at 
any time hereafter shall be made or enacted within the 
Copies of all ^^^^ Proviiicc, each of them sepa.i'ately under 
Laws to be tbc publick Seal unto Us and to Our said 
transmi er . (^^^^j^^jj^rs ^-^j. ^radc aud Plantatloiis within 

three months or by the first Opportunity after their 
being enacted, together with Duplicates thereof by the 
next Conveyance upon Pain of Our Highest Displeas- 
ure and of the Forfeiture of that Year's Salary, 
wherein you shall at any time or upon any pretence 
whatsoever omit to send over the said Laws, Statutes, 


and Ordinances as aforesaid, within the time above 
Hmited: As also of such other Penalty as We shall 
please to inflict. And you are hereby directed to take 
care that the Copies and Duplicates of the said Acts be 
fairly abstracted in the Margins; But if it shall happen 
that no shipping shall come from the said Province 
within three months after the making such Laws, 
Statutes and Ordinances, whereby the same may be 
transmitted as aforesaid then the said Laws, Statutes 
and Ordinances are to be transmitted as aforesaid by 
the next Conveyance, after the making thereof, when- 
ever it may happen, for Our Approbation or Disallow- 
ance of the same. 

23, And Our further Will ct- Pleasare is, that in 
Dates & Ob- ©very Act wh*"'.' shall be transmitted, there be 
servations on the scvl Datcs or rcspcctive Times when the 

same pass'd the Assembly, the Council, & 
received your Assent; and you are to be as particular 
as may be in your Observations ( to be sent to Our 
Comniss''* for Trade and Plantations ) upon every Act, 
that is to say whether the same is introductive of a 
new Law, Declaratory of a former Law or does repeal 
a Law then before in being; And you are likewise to 
send to Our said Conmi''." the reasons for the passing of 
such Law. unless the same do fully appear in the Pre- 
amble of the said Act. 

24. You are to require the Secretary of Our said 
Province or his Deputy for the time being to furnish 

you with transcrii)ts of all such Acts and 

Secretary to*' ,t,i -\ i^ x-i. 

furnish tran- puWick Ordcrs as shall be made from tune to 
scriptsof Acts ^-j^^ together with a Copy of the Journals 
of the Council, And that all such Transcripts and 
Copies be fairly abstracted in the Margins, to the End 
the same may be transmitted to us, and to Our 
Commiss'^ for Trade and Plantations as above directed 
which he is duely to perform upon Pain of incurring 
the forfeiture of his Place, 


•2r,. Yoli are also to require from the Clerk of the 
Clerk of As- Assembly or other proper Officer transcripts 
nish Copies of ot all the Jounials and other proceedings of 
all Journals, ^^lq ^^{^\ Assemblj, and that all such tran- 
scripts be fairly abstracted in the margins, to the end 
the same may in like manner be transmitted as 

26. Whereas several Inconveniencies have arisen to 
Our Governments in the Plantations by Gifts and 
Gifts & Pres- Preseuts made to Our Governors by the 

ents to Gov'rs. ^ n 

forbid General Assemblies. You are therefor to 

propose unto the Assembly at their first meeting, after 
your Arrival, and to use your utmost Endeavours 
with them that an Act be pass'd for raising and settling 
a publick Revenue for defraying the necessary Charge 
of the Government of Our said Province, And that 
therein Provision be particularly made for a.competant 
Salary, to yourself as Cap- General and Governor in 
chief of Our said Province, and to other Our succeed- 
ing Captains Gen! for supporting the Dignity of the 
said Office, as likewise due Provision for the contin- 
gent Charges of Oui- Council and Assembly, and for 
the Salaries of the respective Clerks and other Officers 
thereunto belonging, as likewise of all other Officers 
necessary for the Administration of that Government; 
and particularly that such Salaries be enacted t(^ hv 
paid in Sterling or Proclamation money or in Paper 
Bills of Credit current in that Province, in proportion 
to the Value such Bills shall ]mss at, in Exchange for 
Silver, that thereby the respective Officers may depend 
on some certain Income, and not be lyable to have 
their Stipends varied by the uncertain Value of Paper 
money, and that in such Act all Officers Salaries be 
fixed to some reasonable Yearly Sum, exce]it the 
Members of the Council and Assembly and tlie Offi- 
cers attending them, or .others whose attendance on 
the publick is uncertain, who may have a reasonable 


pay established per Diem during their attendance 
only; and when such Revenue shall have so been set- 
tled Provision made as aforesaid, then Our express 
Will do Pleasure is that neither you Our G-overnor noi- 
any Governor, Lieutenant (iovernor. C^onimander in 
chief or President of Our Council of Our said Province 
of New Jersey for the time being do give your or their 
consent to the passing of any Law or Act for any Gift 
or Present to be made to you or them by the Assem- 
bly, and that neither you nor them do receive any Gift 
or present from the Assembly or others, on any 
Account or in any Manner whatsoever upon Pain of 
Our highest Displeasure and of being recalled from 
that Our Government. 

27. And We do further direct and require that this 
Declaration of Our Royal Will & Pleasure in the two 
foregoing Articles be communicated to the Assembly 
at their first Meeting after your Arrival in Our said 
Province, and entered in the Register of Our Council 
and Assembly, that all Persons whom it may concern 
may govern theiuselves accordingly. 

28. Whereas for some years past the Governors of 
of some of Our Plantations have seiz'd and appro] ri- 
whaie Fish- ated to their own use the produce of Whales 
^'■•^- of sev! kinds taken upon those Coasts, upon 
pretence that Whales are Royal Fishes, which tends 
greatly to discourage this Branch of Fishery in Our 
Plantations, and prevent Persons from settling there. 

. It is therefore Our Will & Pleasure that you do not 
pretend to any such Claim nor give any manner of 
discouragement to the Fishery of Our Subjects upon 
the Coast of the Province under your Government, 
but on the contrary that you give all possible encour- 
agement thereto. 

39. Whereas great Prejudice may happen to Our 

Service and the Security of Our said Province under 

Gov'rs Ab- your Government by your absence from 

^^''°^- these parts, you are not upon any pretence 


whatsoever to come to Europe from your Government 
without ha\ang first obtained Leave for so doing, un- 
der Our Signet and Sign Manuel or by our Order in 
Our Privy Council. 

30. And whereas We have been pleased by Our 
Commission to direct in case of your Death or Absence 
Devolution of fi'om Oui' Said Province, and in case there 

Government ^^ .^^ ^j^^^ ^-j^^^ ^^^ Pei'SOU UpOU the PlaCe 

commissionated or Appointed by Us to be Our Lieut' 
Governor or Commaiidei' in cheif , the eldest Councillor 
whose Name is first placed in these Instructions to 
you, and who shall be at time of your Death or Ab- 
sence residing within Our said Province shall take 
upon him the Administration of the Government and 
execute Our said Commission and Instructions and the 
sevi Powers and Authorities thei-em contained in the 
Manner therein directed; It is nevertheless Our ex- 
press Will & Pleasure that in such Case the said 
Eldest Councillor or President shall forbear to pass 
Act or Acts but such as shall be immediately necessary 
for the Peace and Welfare of Our said Province with- 
out Our particular Order for that purpose, and that he 
shall not take upon liim to disolve the Assembly then 
in being, nor to remove or suspend any of the Mem- 
bers of Our said Council, nor any Judges. Justices ol' 
the Peace or other Ofiicers Civil or Mihtary without 
the Advice and Consent of at least seven of the Coun- 
cil, and Our said President is to transmit over to Us 
and to Our Connn'.'' for Trade and Plantations by the 
first Opportunity, the Reasons of such Alterations 
sign'd by him and Our Council. Provided that if 
thro" Lengih of Time any Surveyor Gen! of Our Cus 
toms shall become the Senior Councilloi' in Our said 
Province, that he shall not by Virtue of such Seniority 
be ever capable to take upon him the Administration 
of the Governnj' there upon the Death or Absence of 
any of Our Captains General or Governors in chief or 


Lieut'.' Governors. But whenever such Death or Ab- 
sence shall happen, the Government shall devolve 
upon the Councillor next in Seniority to the Surveyor 
Gen- unless We shall hereafter think it for Our Royal 
Service to nominate John Peagrum or any other of 
Our said Surveyors Gen^ Councillors in Ordinary in 
Our s!' Province, who shall not in that case be excluded 
any Benefit which attends the Senioiity of their Rank 
in the said Council. 

31. And whereas We are willing in the best Manner, 
to provide for the Support of the Government of Our 
said Province, by setting a part sufficient Allowances 
to such as shall be (Jur Governor, Lieut* Governor. 
Commander in Chief, or President of Our Coimcil 
residing for the time being, within the same. Our 

Allowance Will d' Plecisirre therefore is, that when it 
toLieu'. Gov', shall happen that you shall be absent from 
the Territory of New Jersey of which we have appointed 
you Governor, one full moiety of the Salary and of all 
Perquisites and Emoluments whatsoever, which would 
otherwise become due unto you, shall during the Time 
of your Absence from the said Territory be i)aid and 
satisfied unto such Governor, Lieut- Governor Com- 
mander in chief or President of Our Council, who shall 
be resident upon the Place for the time being, which we 
do hereby Order & Allot unto him, towards his Mainte- 
nance and for the better Sui)|>()rt of the Dignity of that 
Our Government. 

32. You are not to suffer any Publick Money what- 

soever to be issued or disposed of. otherwise 
Money' how to than by Warrant under your Hand by and 
be issued ^^\^Yi the Advice and Consent of Oui- said 
Council ; But the Assembly may Ije neverth<'less per- 
mitted from time to time to viinv and examine the 
Accounts of Money or Value of Money disposed of by 
Virtue of Laws made by them, which }'0U are to signify 
unto them as there shall be Occasion. 


83. Whereas it is necessary that Our Rights and 
Court of Dues be preserv'd and recoverd and that 
Exchequer, speedy aiid effectual Justice be administra- 
ted in all Cases relating to Our Eevenue, Yon are to 
take care that a Court of Exchequer be calld and meet 
at all such times as shall be needfull, and you are upon 
your Arrival, to inform Us and Our Commiss'"* for 
Trade and Plantations, whether Our Service may re- 
quire, that a constant Court of Exchequer be settled 
and estabhshed there. 

34. You shall not remit any Fines or Forfeitures 
Fines and wliatsoever above the Sum of ten pounds, 

Forfeitures, yiqj. dispose of auy forfeitures v^hatsoevei- 
until, upon signifying unto Our Commiss" for Trade & 
Plantations, the nature of the Offence, and the Occa- 
sion 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 Directious therein, 
but you may in the meantime suspend the payment of 
the said Fines and Forfeitures. 

35. It is Our Wil/ ojid Pleasure that you do not 
Forfeitures dispose of Forfeitures or Escheats to any 

& Escheats. Persou uiitil the Sheriff or other proper Offi- 
cer have made Enquiry by a Jury upon their Oaths 
into the true Value thereof, and you are to take care 
that the Produce be duely paid to Our Receiver Gen! of 
Our said Province and a full Account transmitted to 
(Jar C()mmiss'>' of Our Treasury or Our high Treasurer 
for the time being, and to Our Comm''.* for Trade and 
Plantations with the Names of the Persons to whom 
disposed, and Provided that in the Grants of all for- 
feited and escheated Lands there be a Clause obliging 
the Grantee to plant and cultivate three Acres for every 
fifty within three Years after the pass^ such Grant, 
in case the same was not so planted & cultivated 
before, and that there be the proper Savings and 
Reservations of Quit Rent to Us Our Heirs (Sl Succes- 
sors according to the Law of Our Province. 


'M'k You shall not displace any of the Judges, Jus- 
Reniovai of tices, Sheriffs, or other Officers or ministers 
Officers. within Our Said Province without good and 
sufficient Cause to be signified unto Us and to Our said 
Co mm'.' for Trade and Plantations, and to prevent 
Arbitrary Removals of Judges and Justices of the 
Peace you shall not express any Limitation of Time in 
the Commissions which you are to grant with the 
Advice and consent of the Council of Our said Prov- 
ince to Persons fit for those Employments nor shall 
you execute by yourself or Deputy any of the said 
Offices, nor suifer any Person to execute more Offices 
than one by Deputy. 

1^)7. You shall not erect any C^ourt or Office of Judi- 
courtof judi- cature not before erected, or established, nor 
cature. disolve auy Court or Office already erected 

or established, without (')ur especial ( )rder. 

;')S. But in regard We have been informed that there 
Court of de- i« a great want of a particulai' IV^urt of de- 
termining termin? of small Causes vou are to recommend 
.„,aii causes. .^ ^^ ^^^ Asscuibly of Our s'i Province, that 
a Law be pass'd, if not already done, for the constitut- 
ing such Court or Courts for the ease of (un- Subjects 

89. You are transmit unto Us and to Our Connn'' 
for Trade and Plantations, with all convenient Speed, 
a particular Account of all Establishments of Jurisdic- 
tions, Courts, Offices, & Officers. Powers, Authorities, 
Fees and Priviledges which shall be granted 
^ETabLt '" or settled within Our said Province, as like- 
ments to be ^^.jg^ ^j^ Accouut of all publlck Chargcs 

transmitted ^.^j^^^-^^^. ^^ ^j^^ ^^-^ Courts, and of SUCh 

Funds as are settled and appropriated to discharge the 
same, together with exact and Authentick Copies of 
all Proceedings in such Causes where Ai)peals shall be 
made to Us in Our Privy Council. 


40. And you are with the Advice & Consent of Our 
Salaries & ^^^^ Council to take especial Care to regu- 
Fees late all Salaries and Fees belonging to Places 
or paid upon Emergencies, that may be within the 
Bounds of Moderation, and that no Exaction be made 
on any occasion whatsoever. As also that Tables of 
all Fees be pubhckly hung up in all Places where such 
Fees are to be paid, and you are to transmit Copies of 
all such Tables of Fees to Us and to Our Comm""' for 
Trade & Plantations as afores^ 

Delay in Jus- "^1- ^^^ whcreas frequcut Complaints 
"ce have been made to Us of great Delays and 
undue proceedings in the Courts of Justice in several 
of Our Plantations, whereby many of Our Subjects 
have very much suffered, and it being of the greatest 
Importance to Our Service and to the Welfare of Our 
Plantations that Justice be every w^here speedily and 
duely administr^ and that all Disorders, Delays & 
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 
authorized to preside. Justice be impartially adminis- 
tred, and that in all other Courts establish'd within 
Our said Province, all Judges, and other Persons 
therein concerned, do likewise perform their several 
Duties without any Delay or Partiality. 
Life & Proper- ^^- ^ou are to take care that no Man's 
ty Secured life, Member, Freehold or Goods be taken 
away, or harmed in Our said Province otherwise than 
by establish'd & known Laws, not repugnant to, l)ut 
as much as may be agreeable to the Laws of this 

43. It is Our further Will and Pleasure 


that no persons for the future be sent as 
prisoners to this Kingdom from new Jersey without 
sufficient Proof of their Crimes, & that Proof trans- 
mitted alona; with the said Prisoners. 


44. You shall endeavour to get a Law pass'd (it not 
Inhumane Se- already doue) for the restraining of any 

verity mhuman Severity, v^^hich by ill Masters, or 
Overseers may be used towards their Christian Ser- 
vants, and their Slaves, and that provision be made 
therein, that the willfull killing of Indians, & Negroes 
may be punish'd with Death, and that a fit Penalty be 
imposed for the maiming of them. 

45. You are to take care that all Writs be 


issued in Our Name througliout Our said 

4<'). Our Wi/l d- Fkasuiw is that Appeals be ])er- 
mitted to be made in Cases of Error, from the Courts, 
in Our said Province of Nova Casarea or New .Jersey, 
unto you & the Council there, and in your absence 
from (3ur 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, fi-om 
whence such Appeal shall be made to you 
Our Governor & 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 Reasons for the Judgement given by them in 
the Cause wherein such Appeal shall be made. Pro- 
vided nevertheless that in all such Appeals the Sum or 
Value appeal'd for, exceed (Jne hundred pounds Ster- 
hng, and that Security be first duely given by the 
Appellant to answer such Charges as shall be awarded, 
in case the first Sentence be affirmed: at the hearing 
of all which Appeals, any three or more of the Judges 
of the Supreme Court are to be present to inform & 
assist the Court. 

47. And if either Party shall not rest satisfied with 
Appeals to the the Judgement of you or the Commander 

Crown in chief for the time being, and the Council 


as aforesaid; Oui- Will & Pleasure is that they then 
appeal uuto Us, in Our Privy Council, Provided the 
Sum or Value so appealed for unto Us, do exceed Two 
hundred pounds Steiif and that such Appeal be made 
within fourteen Days after Sentence, and that good 
Security be given by the Appellent that he will effectu- 
ally prosecute the same, and answer the Condemna- 
tion, 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 & Pleasure that 
m all cases where by your Instructions you are to 
admit of Appeals to Us in Our Privy Council, Execu- 
tion 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 Judge- 
ment or Decree, in case, upon the Determination of 
such Appeal, such Judgement or Decree should be 
reversed, and Restitution awarded to the Apellant. 

48. You are also to permit Appeals to Us in Council, 
Appeals in ^^ ^ Casos of Fiucs imposed for Mis-de- 

cases of Fines meauoi's; Provided the Fines so imposed 
amount to or exceed the Value of £200 Sterl? the 
Appellant first giving good Security that he will 
effectually prosecute the same, and answer the Con- 
demnation, if the Sentence by which such Fine was 
imposed in Oui" said Province of Nova Casarea or New 
Jersey shall be confirmed. 

49. Whereas there are several Offices in Our Planta- 
Pateat offl- tious granted under Our Great Seal of this 

cers Kingdom, and that Our Service may be very 
much prejudiced by reason of the absence of the 
Patentees, and by their appointing Deputies not fit to 
officiate in that stead; You are therefore upon your 
arrival to inspect such of the said Offices as are in your 
Government, and to enquire into the Capacity & 


Behaviour of the Persons now exercising them; and 
to report thereupon to Us, and to Our Comniiss'.'* for 
Trade & Plantations, M^hat you think fit to be done or 
alter'd in relation thereunto; And you are upon the 
Misbehaviour of any of the said Patentees or their 
Deputies to suspend them from the Execution of their 
Places, till you shall have represented the whole Mat- 
ter, and received Our Directions therein And in case 
of the Suspension of any such Officer, it is Our express 
Will & Pleasure that you take care the Person 
appointed to execute the Place during such Suspen- 
sion, do give Sufficient Security to the Person sus- 
pended to be answerable to him for the Profits accru- 
ing, during such Suspension, in case we shall think fit 
to restore him to his Place again, it is nevertheless 
Our Will & Pleasure that the Person executing the 
Place, during such Suspension, shall for his Encour- 
agement receive the same Profits as the Person sus- 
pended, if a Deputy, did, or a Moiety of the Profits, in 
case of Susi^ension of the Patentee, But you shall not 
by colour of any Power, or authority, hereby or other- 
wise granted or mentioned to be granted unto you, 
take upon you to give, grant or dispose of any Office 
or Place within Our said Province, which now is or 
shall be granted under the Great Seal of Great Britain, 
any otherways than that, you may, upon the \^acancy 
of any such Office or Place or Suspension of any such 
Officer by you as aforesaid, put in any fit person to 
Officiate in the Interval, till you shall have represented 
the Matter, unto Us, and to Our CVjtnm" for Trade & 
Plantaf" as aforesaid (which you are to do by the fii-st 
Opportunity) & till the said Office or Place be disi)osed 
of by Us Our Heirs or Successors, under thc^ Great Seal 
of Great Britain, or that Our further Directions be 
given therein. And it is Our express Will & Pleasure 
that you do countenance and give all due Enco'arag(^- 
ment to all Our Patent Officers in tJie Enjoyment of 


their Legal & accustom'd Fees, Rights, Priviledges 
and Emoluments, according to the true Intent & 
meaning of their Patents. 

50 And whereas several Complaints have been made 
Surveyor ^J ^^® Surveyor Gen? and other Officers of 
Geni Our Customs in Our Plantations in America, 
that they have been frequently obliged to serve on 
Juries, and personally to appear in Arms, whenever 
the Militia is drawn out, and thereby are much hin- 
dred in the Execution of their Employments, Our 1T7// 
& 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 
Mihtia, unless in cases of absolute necessity, or serving 
any Parochial Offices, which may hinder them in the 
Execution of their Duties. 
51. And whereas the Surveyor's GenJ of Our Cus- 
surveyor toms in the Plantations, are empowered in 
Geni« Power, casc of the Vacaucy of any of Our Officers 
of the Customs, by Death, Removal or otherwise, to 
appoint other Persons to Execute such Offices until 
they receive further Directions from Our Connii'-'' of 
Our Treasury, or Our high Treasurer, or Comm'"* of 
Our Customs for the time being, but in regard the 
Districts of the said Surveyors Gen.' are very extensive, 
and that they are requir'd at proper times to visit the 
Officers in the several Governments under their Inspec- 
tion and that it might liappen that some of the Officers 
of Our Customs in the Province of Nova Casarea 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 Officer's Death, 
within a reasonable time, and thereby make Provision 
for carrying on the Service by appointing some other 
person in the room of such Officer, who may happen to 
die, therefore that there may be no Delay given on such 


Occasion to the Masters of Ships, or Merchants in their 
Dispatches, It is Our further Will & Pleasure in case 
of such Absence of the Surveyor Gen' or if he should 
happen to die and in such cases only, that upon tlui 
Death of any Collector of Our Customs, within that 
Our Province, you shall make choice of a Person of 
known Loyalty, Experience, Diligence and Fidelity, 
to be employed in such Collector's Room, for the Pur- 
poses aforesaid, until the Survey*" Gen' of Our Customs 
shall be advised thereof, and appoint another to suc- 
ceed in their Places or that further Directions shall be 
given therein by Our Com'.* of Our Treasury or Our 
High Treasurer or by the Comm''* of Our Customs foi" 
the time being, which shall be first signified, taking- 
care that you do not under Pretence of this Instruc- 
tion, interfere with the Powers & Authorities given by 
the Comm'^ of Our Customs to the said Surveyor's 
Gen- when they are able to put the same in Execution. 
Administra- ^^- ^ou shall administer or cause to be 
tiou of Oaths, administered the Oaths, mention'd ^in the 
foresaid Act Entituled an Act for the further Security 
of his Majesty's Person & Government & the Succes- 
sion of the Croivn in the Heirs of the late Princess 
Sophia being Protestants, and for extinguishing the 
Hopes of the pretended Prince of Wcdes, and his open 
& secret Abettors: to the Members and Officers of the 
Council and Assembly, and to all Judges, Justices & 
all other Persons that hold any Office or Place of Trust 
or Profit in the said Province, whether by Virtue of 
any Patent under Our great Seal of this Kingdom or 
otherwise, and you shall also cause them to make and 
subscribe the aforesaid Declaration, without the doing 
of all which, you are not to admit any Person whatso- 
ever into any publick Office, nor suffer those who have 
been admitted formerly to continue therein. 

53. And whereas it may happen that the Number of 
Inhabitants fitly quahfied to serve in Our Council, in 


the gen! Assembly and in other places of Trust or 
Profit there, may be but small. It is Our Will & 
Quakers. Pleasure that such of the said People called 
Quakers, as shall be found capable of any of those 
Places or Employments, and shall be accordingly 
elected or appointed to serve therein may upon their 
taking & signing the Declarat" of Alligiance to Us; in 
the form used by the same People in this Kingdom to- 
gether with a Solemn Declaration for the true Discharge 
of their respective Trusts, be admitted by you into any 
of the said Places or Employm^^ 

54. And you are 'also with the Assistance of the 
Conversion Couucil tt Assembly to find out the best 
of Negroes, meaus to facilitate & encourage the Conver- 
sion of Negroes, & Indians to the Christian Religion. 
.55. You ai'e to permit a Liberty of Conscience to all 
Liberty of Persous (cxcept Papists) so they be con- 
conscience. tented with a quiet & Peaceable Enjoyment 
of the same, not giving Offence or Scandal to the Gov- 

56. You shall take especial care that God Almighty 
be devoutly and duely served throughout your Gov- 
observation ©I'lim' the Book of Common Prayer, as by 
of Religion. Law establisliYl read each Sunday & Holy- 
day, and the Blessed Sacrament administred, Accord- 
ing to the Rites of the Church of England. You shall 
be carefull that the Churches already built there, be 
well & orderly Kept, and that more be l)uilt. as the 
Province shall by God's blessing be improved, and that 
besides a competent Maintenance to be assigned to 
the Minister of each Orthodox Church, a convenient 
House be built at the common Charge for each Minis- 
ter and a competent Proportion of Land assigned to 
him for a Glebe & Exercise of his Industry, and you 
are to take care that the Parishes be bounded & set- 
tled as you shall find most convenient for the Accom- 
plishment this Good Work. 


57. You are not to prefer any Minister to any Eccle- 
Quaiiflcation siastical Benefice in that Our Province, with- 
of Minister. Qut a Certificate from the Right Revi^ Father 

in God the Lord Bishop of London, of his being con- 
fermable to the Doctrine & Discipline of the Church 
of England, and of a good Life and Conversation, and 
if a Person already prefer'd to a Benefice shall appear 
to you to give Scandal either by his Doctrine or Man- 
ners, you are to use the best means for the Removal 
of him. 

58. You are to give Order that every Orthodox Min- 
vestry. ister withiu your Government be one of the 

Vestry in his respective Parish, and that no Vestry be 
held without him, except in case of Sickness or that 
after notice of a Vestr}'- summon'd he omit to come. 

59. You are to inquire whether there be any Minis- 
Ministers in ^®^' withiu your Govemmeut who preaches 
due orders. & admiuistors the Sacrament in any Ortho- 
dox Church or Chappel. whithout being in due Orders 
and to give Account thereof to the L? Bish?' of London. 

60. And to the end. the Ecclesiastical Jurisdiction 
Ecclesiastical ^^ ^^^^' ^aid Lord Bishop of London, may take 
Jurisdiction, placc iu Our Said Province, so far as con- 
veniently may be. We do think fit that you give all 
countenance & Encouragem' to the Exercise of the 
same, except only the collating to Benefices, granting 
Lycenses for Marriages & Probate of Wills, which We 
have reserved to you Our Governor and the Com- 
mander in chief of the said Province for the time 

61. And you are to take especial care, that a Table 
Table of of Marriages, established by the Canons of 

Marriages, tho Church of England be hung up in every 
Orthodox Church, and duely observed. And you are 
to endeavour to get a Law passed in the Assembly of 
Our said Province (if not already done) for the strict 
observation of the said Table. 


(V2. The Right Rev!' Father in God Edmund Lord 
BishopofLon- Bishop of Loiidon, having presented a Pe- 
dons Petition, titioii to his late Majesty humbly beseeching 
him to send Instructions to the Governor of all the 
sev.' Plantations in America, that they cause all Laws 
already made against Blasj)hemy, Prophaness,Adultry, 
Fornication, Polygamy, Incest, Prophanation of the 
Lord's Day, Swearing and Drunkenness in their re- 
spective Governments to be vigorously executed; And 
we thinking it highly just, that all Persons who shall 
offend in any of the particulars aforesaid should be 
prosecuted and punished for their said Offences. It is 
therefore Our Will and Pleasure that you take due 
Care for the Punishment of the forementioned Vices, 
and that you earnestly recommend it to y? Assembly 
of New Jersey, to provide effectual Laws for the Re- 
straint & punishment of all such of the aforemention'd 
Vices against which no Laws are yet provided, and 
also you are to use your Endeavours to render the 
Laws in being more effectual, by providing for the 
Punishment of the aforemention'd Vices by present- 
ment upon Oath, to be made to the Temporal C^ourts 
by the Church Wardens of the sev'. Parishes at proper 
times of the year to be appointed for that purpose. 
And for the further Discouragement of Vice & En- 
couragem! of Virtue, and good Living (that by such 
Example the Infidels may be invited and desire to em- 
brace the C/hristian Religion) you are not to admit any 
Person to publick Trusts and Employments in the said 
Province under your Government, whose ill Fame & 
Conversation may occasion scandal. And it is Our 
further Will and Pleasure that you recommend to the 
Assembly to enter upon proper Metods for the erecting 
and maintaining of Schools, in order to the training 
up of Youth to reading, and to a necessary Knowledge 
of the Princi[)les of Religion. 


(kI You shall send unto Us, and to Our Conim" for 
Number of Trade and Plantat"' by the first conveyance, 
Inhabitants, au Accouut of the present Number of Plant- 
ers & Inhabitants, Men Women and Children, as well 
Masters as Servants, Free & Unfree, and of the Slaves 
in Our said Province, as also a yearly Account of the 
Increase or Decrease of them and how many of them . 
are fit to bear Arms in the Militia of Our said Pro- 

64. You shall also cause an exact Account to be 
Bills of Mor- kept of all Persons been christen'd & buried, 
tahty. ^ y^^^ shall yearly send fair Abstracts 

thereof to Us, and to Our Oomm'.' for Trade & Plan- 
tations as afores-' 

05. You shall take care that all Planters & Christian 

Militia Servants be well & fitly provided with arms 
& that they be listed under good Officers, & when and 
as often as shall be thought fit, muster'd & trained, 
whereby they may be in a better readiness for the 
Defence of Our said Province, under your Govern- 

<5r». You are to take especial care that neither the 
Marches. Mus- frequency nor unreasonableness of their 
ters&c Marches, Musters and Trainings be an un- 
necessary Impediment to the Affairs of the Inhab- 

•IT. You shall not upon any Occasion whatsoever 
Law Martial establish or i)ut in Execution any Articles 
of War or other Law Martial upon any of Our Sub- 
jects, Inhabitants of Our said Province, without the 
Advice & Consent of (Jur Council there. 

»)S. And whereas there is no Power given you by 
your Comm" to execute Martial Law in time of Peace 
upon Soldiers in pay, & that nevertheless it may bo 
necessary that some Care be taken for the keeping of 
good Discipline amongst those that we may at any 
time think fit to send into Our said Prc^vince. (which 


may properly be provided for by the Legislative Power 
of the same) you are therefore to recora'end to the 
Gen! Assembly of Our said Province, that they pre- 
pare such Act or Law for the punishing of Mutiny, 
Desertion, and false Musters & for the better preserv- 
ing of good Dicipline amongst the said Soldiers as may 
best answer those Ends. 

69. You are to encourage the Indians upon all 
Indians Occasious, SO as to luduce them to Trade 

with Our Subjects, rather with any others of Eu- 

70. And for the greater Security of Our Province of 
New Jersey, you are to appoint fit Officers and 
Commanders in the several parts of the Country 
Officers to be bordering upon the Indians, who upon any 
tSrfe^nce^of Ii^^asion may raise Men & Arms to oppose 
the Province them, uutil they shall receive yoiu' Direc- 
tions therein. 

71. And whereas you will receive from Om' Comm" 
for executing the Office of High Admiral of Great 
Vice Admir- Britain & of Our Plantations a Comm" of 
^^^^ Vice Admiralty of Our said Province of 
New Jersey, you are hereby required & directed care- 
fully to put in Execution the sev! Powers thereby 
granted you. 

72. Whereas great Inconveniencies have happen'd 
by Merchants Ships & other Vessels in the Plantations, 
wearing the Colours born by Our Ships of War under 
Pretence of Commissions granted them by the Gov- 
ernors of the said Plantations and that by trading 
under those Colours not only amongst Our own Sub- 
jects, but also those of other Princes & States, and 
committing diver'se Irregularities, they do very much 
(hshonour Our Service, for Prevention whereof, you 

Colours, are to oblige the Commanders of aU such 
Ships to which you shall grant Commissions, to wear 


no other Jack than according to the Sample here 
described that is to say. such as is worn 
by Our Ships of War, with the Distinc- 
tion of a white Escutcheon in the mid- 
dle thereof, and that the said Mark of ^ ■^^-'^^' ' 
Distinction may extend itself to one half 
of the depth of the Jack, & one thii-d part 
of y" Fly thereof. 

73. And whereas there have been great Irregulari- 
ties in the manner of granting Commissions in the 

Manner of Plantations to Private Ships of War, you 
missions are to govern yourself whenever there shall 
be occasion, according to tbe Commissions and In- 
structions granted in this Kingdom. Copies whereof 
will be herewith deliver'd you. 

74. But you ai'e not to grant Commissions of 
Commission Marquc or Re])rizals against any Prince or 

Reprizai. State, or their subjects in Amity with Us, 
to any Person whatsoever without Our especial Com- 

75. Whereas it is absolutely necessary that We be 
state of De- cxactly iuformxl of the State of Defence of 
fence ^jj q^^^. Plantations in America, as well in 
the relation to the Stores of War that are in each 
Plantation as to the Forts and Fortifications there, 
and what more may be necessary to be built for the 
Defence and Security of the same: You are so soon as 
possible to prepare an Account thereof, with relation 
to Our said Province of Nova Casarea or Xew Jersey, 
in the most particular Manner, and you are therein to 
express the present State of the Arms, Ammunition 
& other Stores of War belonging to the Province, 
either in any pubhck Magazines oi- in Hands of pri- 
vate Persons, together with the State of all Places, 
either already fortified or that you judge necessary to 
be fortified for the Security of Our said Province, and 
you are to transmit the said Accounts to Us and to 


Our Commissioners for Trade & Plantations, as also a 
Duplicate thereof to Our Master Gen^- or Principal 
Officers of Our Ordnance; Which Accounts are to 
express the particulars of Ordnance, Carriages, Ball. 
Powder, and all other Sorts of Arms & Ammunition 
in Our publick Stores at your said Arrival, and so from 
time to time, of what shall be sent to you or bought 
with Publick money, and to specify the time of the 
Disposal & the Occasion thereof, and other like 
Accounts half yearly in the same Manner. 

76 You are to take especial care that fit Store houses 
store houses, be Settled throughout Our said Province for 
receiving and keeping of Arms Ammunition & other 
publick Stores. 

77. And in case of any Distress of any of Our Plan- 
tations, you shall upon application of the respective 

Assistance to Govemoi's to you, assist them with what 
Neighbours, j^^^ ^j-^g Couditiou and safety of your Govern- 
ment will permit, and more particularly in case Our 
Province of New York, be at any time attacked by an 
Enemy, the Assistance you are to contribute towards 
the Defence thereof, whether in Men or Money, is to 
be according to the Quota or Repartition which has 
already been signified to the Inhabitants of Our fores'! 
Province under your Government or according to such 
other Regulation, as we shall hereafter make in that 
Behalf, and shall signify to you, or the Commander in 
Chief of Our said Province for the time being. 

78. And whereas the Preservation of the Northern 
Frontiers of Our Province of New York against the 

contribu- Attemps of any Enemy by Land is of great 
teZ 'otZZ Importance to the Security of Our other 
York. Northern Plantations on the Continent of 

America, and more especially of Our said Province of 
New Jersey, which lies so near adjoining to Our Prov- 
ince of New York, and the Charge of erecting and 
repairing the Fortifications, & of the maintaining the 


Soldiers necessary for the Defence of the same, is too 
great to be born by the single Province of .New York, 
without due Contributions from others concerned 
therein, for which Reason we have upon several Occa- 
sions required such Contril)utions to be made, and 
accordingly settled a Quota, to regulate the Propor- 
tions thereof; You are therefore to take further Care 
to dispose the Gen- Assembly of Our said Province of 
New Jersey, to the raising of such other Supplies, as are 
or may be necessary for the Defence of Our Province of 
New York, according to the Signification of Our Will 
and Pleasure therein already made to the Inhabitants 
of New Jersey, or which shall at any Time hereafter 
be made to you Our Governor or to the Commander in 
chief of Our said Province for the time being. 

79. You shall transmit unto Us and to Our Com- 
A Map. miss" for Trade & Plantations, by the first 

Opportunity a Map, with the exact Description of Our 
whole Territory under your Cxovernment, and of the 
several Plantations that are upon it. 

80. You are from time to time to give an Account, 
strength of as bcforc directed what Strength your bor- 

Neighbours. deriiig Neighbours have, be they Indians or 
others, by Sea and Land, and of the Condition of their 
Plantations, and what Correspondence you do keep 
with them. 

81. You are likewise to examine what Rates and 
Rates & Du- Dutlcs are charged and payable upon any 

ties. Goods, imported or exported within Our 

Province of Nova Casarea or New Jersey, whether of 
the Growth or Manufacture of Our said Province or 
otherwise, and you are to suppress the engross-: of 
Commodities as tending to tlie Prejudice of that Free- 
dom, which Trade & Commerce ought to have, and to 
use your best Endeavours for the Improvement of 
Trade in those Parks, by setting such Orders and 
Regulations, therein, with the advice of the Council as 


may be most acceptable to the GeDrality of the Inhab- 

82. You are to give all due Encoui-agement and Invi- 
Trade. tatiou to Merchants & others, who shall 

bring Trade unto Our said Province, or any way con- 
tribute to the Advantage thereof, and in particular to 
theRoyal African Comp- and other Our Subjects trad- 
ing to Africa. And whereas we are willing to recom- 
mend unto the said Company, and otlier Our Subjects 
that the said Province may have constant and sufficient 
Supply of Merchantable Negroes at moderate Rates, in 
money or Commodities, so you are to take especial 
Care that Payment be duely made, and within a com- 
petent Time according to their Agreements. 

83. And we do further expressly command and re- 
Number of q^iire you to give unto Us & to Our Comm"".* 

Negroes im- for Trade and Plantations an Account every 
ported. j^^^|£ jQ^j. Qf ^ha^ Number of Negroes Our 

said Province is yearly supplied with, that is what 
number by the African Company, and what by sepa- 
rate Traders and at what Rates sold. 

84. Whereas we have been informed that during the 
inteiugence Time of War Our Enemies have frequently 

given to Ene- got Intelligence of the State of Our Planta- 
'"'®'''" tions by Letters from |)rivate Persons to 

their Correspondents in Great Britain, taken on Board 
Ships coming from the Plantations, which may be of 
dangerous Consequence if not prevented for the future. 
Our Will d' Pleasure is, that you signify to all Mer- 
chants, Planters, and others, that they be very cautious 
in time of War, in giving any Account by Letters, of 
the Publick State and Condition of Our said Province 
of New Jersey, and you are further to give Directions 
to all Masters of ships, or other Persons to whom you 
may entrust your Letters, that they put such Letters 
in a Bag, with a "sufficient Weight to sink the same, 
im'ediately in case of imuunent Danger from the 


Enemy. And you are also to let the Mei'chants and 
Planters Know how greatly it is for their Interest, that 
their Letters should not fall into the hands of the 
Enemy And therefore that they should give the hke 
Orders to the Masters of Ships in relation to their Let- 
ters, and you are further to advise all Masters of Ships, 
that they do sink all Letters in Case of Danger in the 
manner befoi-e mentioned. 

85. And whereas in the late War the Merchants & 
Correspond- planters did Correspond and Trade with Our 

ence with . '■ 

Enemies. Eiiemies and cany Intelligence to them, to 
the great Prejudice & Hazard of the Enghsh Planta- 
tions, you are therefore by all possible Methods to 
endeavour to hinder all such Trade and Correspondence 
in time of War. 

86. Whereas by the fifth and sixth Articles of the 
Treaty of Peace & Neutrality in America, concluded 
between England & France the i\ Day of November 
1686, the Subjects. Inhabitants &c of each Kingdom 
are Prohibited to Trade & Fish in all places possess'd 
or which shall be possess'd by the other in America, 
and that if any Ships shall be found trading contrary 
to the said Treaty, upon due Proof, the said Ships shall 
be confiscated. But in case the Subjects of either King 
shall be forced by Stress of Weather, Enemies or other 
Necessity into the Ports of the other, in America, they 
shall be treated with Humanity and Kindness, and 
may provide themselves with Victuals, and other 
things necessary for their Sustenace & Reparation of 
their Ships, at reasonable Rates; provided they do not 
break Bulk, nor carry any Goods out of their Ships, 
exposing them to sale, nor receive any Merchandize on 
Board under Penality of Confiscation of Ships & (loods. 
Notwithstanding which Treaty, We are given to 
understand that an illegal Trade has been carried on 
between Our Plantations and the French Settlements 
in America, on pretence that there is no Law in force 


against such Trade, It is therefore Our Will & Pleas- 
ure that you signify to Our Subjects under your Gov- 
ernment, the Purport and Intent of the aforesaid two 
Articles, and that you take particular Care that the 
same be punctually observed and put in Execution, and 
that no Illegal Trade be carried on between Our Sub- 
jects in Our Province of New Jersey under your 
Government & the French Settlements in America, by 
any of Our Ships of War, attending that Province, or 
by any other British Ships, as likewise that none of 
the French Subjects be allowVl to trade from their 
Settlements to New Jersey. 

87. Whereas we have thought it Necessary for (Jur 
ReceiverGeni Servicc to coustitutc aud appoiut a Receiver 
of Admiralty Gcn'- of tlic Riglits & Perquisitcs of the 

^'^'""- Admiralty; It is therefore Our Will & 
Pleasure, that you be aiding & Assisting to the 
Receiver Gen' his Deputy oi- Deputies in the Execution 
of the said Office of Receiver Gen' and We do hereby 
require & enjoin you to make up your Accounts with 
him, his Deputy or Deputies of all Rights of Admi- 
ralty (Effects of Pirates included) as your Officers have 
or shall or may receive, and to pay over to the said 
Receiver Gen', his Deputy or Deputies for Our Use all 
Such Sum or Sums of Money as shall appear on the 
Foot of such Acc*-^ to be & remain in your Hands or in 
the Hands of any of your Officers. And wiiereas Our 
said Receiver Gen'- is directed, in case the Parties 
chargeable with any part of such Our Revenue, refuse, 
neglect or delay Payment thereof, by himself or suffi- 
cient Deputy, to apply to Our Governors, Judges, 
Attornies Gen', or any other Our Officers or Magis- 
trates to be aiding & assisting to him in recovering the 
same. It is therefore Our Will & Pleas a re, that you 
Our Governor, Our Judges Our Attornies Gen' and all 
other Our Officers whom the same may concern do 
use all Lawfull Authority for the recovering and levy- 
ing thereof. 


88. You are likewise from time to time to give unto 
Wants & De- ^s & to Oui' Comm'" foi' Trade & Planta- 

fects tions, as aforesaid, an Account of the Wants 
and Defects of Our said Province; what are the chief 
Products thereof, what New Improvements are made 
therein by the Industry of the Inhabitants or Planters, 
and what further Improvements you conceive may be 
made, or advantages gainxl by Trade and in what 
Manner we may best advance the same. 

89. Our Will & Pleasure is, that for the better 
Grants of Quictiiig the Miuds of Our Good Subjects, 

Lands. Inhabitants of Our said Province, and for 
settling the Properties & Possessions of all Persons con- 
cerned therein, either as Gen^. Proprietors of the Soil, 
under the first Original Grant of the said Province, 
made by the late King Charles the second to the late 
Duke of York, or as particular Purchasers of any Par- 
cels of Land from the saidGenl Proprietors; You shall 
propose to the General Assembly, of Our said Province, 
the passing of such Act or Acts, whereby the Right 
and Property 'of the said Gen- Proprietoi-s of the Soil 
of Om- said Province, may be confirmed to them, 
according to their respective Rights & Titles, together 
with all such Quit -Rents as have been reserved or are 
or shall become due to the said Gen' Proprietors, from 
the Inhabitants of Our said Province, and all such 
Priviledges as are expressed in the Conveyances made 
by the said Duke of York, excepting only the Right of 
Government, which remains in us; And you are fur- 
ther to take care, that by the said Act or Acts so to be 
pass'd, the Particular Titles & Estates of all the 
Inhabitants of that Province, and other Purchasers 
claiming under the said Gen' Proprietors be confirm'd 
and settled, as of Right does appertain, under such 
Obligations, as shall tend to the best & speediest 
Improvement o]- Cultivation of the same: Provided 


always that you do not consent to any Act or Acts to 
lav any Tax upon unprofitable Lands. 

90. You shall not permit any other Person or Per- 
sons besides the said Gen^ Proprietors or their Agents 
to purchase any Lands whatsoever from the Indians, 
within the Limits of their Grant. 

91. You are to permit the Surveyors and other Per- 

, sons appointed by the foremention'd Gen! 

Surveyors of t'-t -' ., „ , , , -t-> • £ 

Land. Proprietors of the Soil of that Province tor 
surveying and recording the Surveys of Land granted 
by & held of them to execute accordingly their respect- 
ive Trusts. And you are likewise to permit & if need 
be, aid and assist such other Agent or Agents as shall 
be appointed by the said Proprietors for that End, to 
collect and receive the Quit-Rents which are or shall 
be due unto them from the particular Possessors of 
any Parcels or Tracts of Land from time to time, Pro- 
vided always that such Surveyors Agents or other 
Officers appointed by the said Gen? Proprietors do not 
only take proper Oaths for the due Execution & Per- 
formance of their respective Offices or -Employments 
and give good & Sufficient Security for their so doing, 
but that they likewise take the Oaths, mentioned in the 
aforesaid Act, intituled aii Act, for the further Secur- 
ity of his Majesty's Person and Government & the 
Succession of the Crown in the Heirs of the late Prin- 
ces'- Sophia being Protestants, and for extinguishing 
the Hopes of the pretended Prince of Wales and his 
ope)i & secret Abettors, as also make and subscribe the 
Declaration aforesf and you are more particularly to 
take care that all Lands purchased from the said Pro • 
prietors be cultivated & improved by the Possessors 
thereof and you are to take care that no Fees be exacted 
or taken by any of the Officers under you, for the Grants 
of Land, made by the Agents of the Proprietors, which 
Agents are to dehver over to you in Council, Duph- 
cates of all such Grants to be registered in Our Council 


92. And if any thing shall happen that may be of 
Gov^« Power Advantasfe and Security to Our said Pro- 

on . ^ '' 

Emergencies, viuce which is uot herein or by Our Com- 
mission provided for, We do hereby allows unto you, 
with the Advice and Consent of Our Council, to take 
Order for the present therein, going [giving? ] unto Us 
by One of Our Principal Secretaries of State & to Our 
Comm" for Trade & Plantations speedy Notice thereof 
that so you may receive Our Ratification if We shall 
approve of the same. Provided always that you do not 
by Colour of any Power or Authority hereby given 
you, commence or declare War, without Our Knowl- 
edge & particular demands herein, except it be against 
Indians, upon emergencies, wherein the Consent of 
Our Council shall be had, & speedy Notice given there- 
of unto us as aforesaid. 

93. And you are upon all Occasions to send unto us 

by One of Our principal Secretaries of State 

^FToeee<Snga and to Our Com'^-" for Trade and Plant' a 

to be particular Ace' of all your Proceedings & 

Transmitted. ^^ ^^^^ Coiiditiou of Affairs within your 


Letter from Williani Wood to the Lords of Trade — 
relative to the issuing of Paper Moiiey in the 

LFi-om P. R. O. B. T. Plantations General, No. 10, N. 31.] 

Letter from M?" Wood, to the Board, inclosing 
a Proposal for Extending & Enlarging y« 
Trade & Navigation of this Kingdom, & 
for the bett" Peophng the British Planta- 
tions, by remedying the present Mischiefs 
& Inconveniencies attending the Com- 


merce of y® Plantations, from the practice 
of late Years, in the Issuing of Paper- 
Money, & in the Raising of the Coin. 

Whitehall, June 2P'- 1738. 
R* Hon^.^^ The Lords For Trade and Plantations 

My Lords. 

The many Complaints, which have been made to 
the Crown, as well as to Your Lordships, relating to 
Paper-Bills issued in so many of the Plantations in 
America, having induced me to imploy my Thoughts 
to remedy an Evil, which, so far as I have considered 
the Affair, must necessarily prevent the Prosperity of 
the Plantations, as well as the Increase of the Trade 
of this Kingdom, I presume to send Your Lordships 
what has been the Result of the Time I have imployed 
on this Subject; and if Your Lordships, upon reading 
this Proposal, shall think it worthy Your Considera- 
tion, but at the same time have any Objections to it 
or want any Explanation of it, If You will direct M"" 
Hill to transmit them to me, I will indeavour to give 
Your Lordships the necessary Satisfaction. I have 
not imparted this Paper to any Body of Merchants in 
General, but only occasionally, to Three Gentlemen of 
this City, Two of Bristol, and Two of Leverpool, and 
to Each seijarately, who every one so far approve it as 
to wish it was carried into Execution ; which I thought 
proper to mention to Your Lordships, and am, with 
the Greatest Respect, 

My Lords, 
Your Lordships' most obedient hum'-3'' Serv^ 

W^' Wood. 

A Proposal For the Extending and Enlarging the 
Ti-ade and Navigation of this Kingdom, And For the 
better Setthng and Peophng the British Plantations in 


America, by remedying the present Mischiefs and 
Inconveniencies attending the Commerce to the Plan- 
tations, from the Practice of late Years, in the Issuing 
of Paper-Money, and in the Raising of the Coin. 

That be coined in Silver, One Third into 

Crowns and Half-C^row^ns, One Third into Shillings, 

and the Other Third into Sixpences, in 

Gold, one Moiety into whole Guineas, and the Other 

Moiety into Half-Guineas, and in Copper, 

the whole coined One Fourth Part less in Value, or 
less in Gold and Silver, than either a Guinea or Half 
Guinea, Crown or Half-Crown, Shilling, or Sixpence, 
or Halfpenny, is in this Kingdom, and to have the 
Word America stamped on each Piece. 

That^ in order to replace the Amount of the Money 
imployed in answering this Coinage, and for the intro- 
ducing such Cohi into the British Plantations, It shall 
be Directed, First, That Part of such Money, so coined, 
shall be Lodged in the hands of the Paymaster of the 
Army, who shall issue such Money, and no other, to 
the Agents of the Officers, Soldiers, and Garisons, in 
the Colonies; Secondly, That another Part of the 
Money, so coined, shall be lodged in the hands of the 
Treasurer of the Navy, who shall issue such Money, 
and no other, to the Storekeepers, Agent, Victuallers, 
Pursers, and other Officers of the Na\y, for answering 
the Money wanting for the Service of the Ships of 
War stationed at the several Plantations in America; 
And, Thirdly, That any Person or Persons shall, upon 
Application to the Officers of the Mint, or such other 
Persons in whose hands such Money shall be lodged 
after its being coined, be supplied with such other 
Sum or Sums as he or they may require, Paying for 
the same in the current Coin of this Kingdom. 

That the Agents to the Soldiers and Garisons, and 
the Officers of the Navy, and all other Persons to 
whom such Money, so coined, shall from time to time 


be paid or delivered, shall enter into Bond, in a 
Penalty, to send such Coin to one of His Majesty's 
Plantations in America, and shall make an Entry, at 
the Customhouse of the Port where it shall be shipped, 
on what Ships or Vessels such Money shaU be shipped 
on board. 

Tliat the Money, so coined, shall pass, in all Pay- 
ments, in the several Colonies and Plantations in 
America, viz* a Crown for 5* a Half- Crown for 2^ 6^ a 
shilling for 12^ and a Sixpence for 6^' Twelve Copper 
Halfpence for &] a Guinea for 21? and a Half-Guinea 
for 10' 6^' and not at any other Denomination, or at 
any greater or lesser Value, by Sale or otherwise, 
under a Penalty. 

That, from and after the Payment for 

the Goods, bought and sold, and for all Contracts 
made and entered into, shall, in the several British 
Colonies and Plantations in America, be accounted for, 
at or in proportion, and according tojthe Rate and 
Value of this Coin. 

That such Coin, imported into any of the Colo- 
nies, may be Exported to any other Colony, and also 
to this Kingdom, but shall not be Exported to any the 
French, Dutch, Spanish, or any other Foreign King- 
dom or Settlements. 

That said Coin shall not pass in payment in this 
Kingdom, or the Kingdom of Ireland, but the Pay- 
master of the Army, or Treasurer of the Navy, shall 
be obliged to exchange any Sum or Sums on apphca- 
tion, by giving the Coin of this Kingdom for the same. 
That no other Coin than this Coin, whether British, 
French, or Spanish, or any other Country, shall pass 
in payment in any of the British Plantations, by Sale, 
or otherwise than by Weight. 

That every Person or Persons, in any of the Colonies, 
receiving a (Consignment or Parcel of this Coin from 
this Kingdom, shall make an Entry of the Quantity on 
his Importation of the same in the Colonies. 


That no Person shall Export any of this Ooin i rom 
one Plantation to another, or from any of the Planta- 
tions to this Kingdom, without Entering the same, 
Nor any Person receive 'a Consignment or Parcel of 
this Coin from any one of the Colonies without Enter- 
ing the same. 

Jlmt, from and after the no Person or Persons 

shall be obhged to take or receive for any Debt or De- 
mand, either due from the Publick or any Person 
whatsoever, any Bills of Credit, or other Currency of 
Paper, Created and Issued by virtue of any Act or 
Acts of Assembly, or any other Publick Authority: 
And, in Case Provision shall not be made, on or be- 
fore the said by some Act or Acts of Assembly 
or other Publick Authority, For the Sinking or Dis- 
charging of such Bills of Credit or;Taper C^urrency, 
according, and in proportion, to the Value or Rate of 
the Coin hereby Directed and Required to transmit to 
His Majesty's Principal Secretaries of State, or to the 
Lords Commissioners for Trade and Plantations, an 
Account of the Bills which may remain unprovided 
for, and the Interest, if any. which may be Due there- 
upon, with an Account when such Bills were severally 
issued, what Rate the Currency was at the time of 
their issuing, and what such Rate of Currency may be 
in value to the Coin hereby Established, to be Laid 
before both Houses of Parhament. 

And whereas many Debts are owning in these Col- 
onies, contracted when the Currency was at very dif- 
ferent Rates or values. Therefore, for the Ascertaining 
a just Equalitvin the Payment of such*Debts betweei^ 
the Debtor and Creditor, That the Debts, contracted 
at any time before the shall be accounted for. or 

paid, at or in proportion, or according, to the Rate <>r 
Value which the Monev of each Colony where the Debt 
was contracted, shaU, or may, be to the Value or Rate 
of this Coin, 


From Governor Morris to the Lords of Trade — 
acknoivl edging the receipt* of his Commission, etc. 

[From P. R. O. B. T. New Jersey, Vol. 4, F. 31. | 

Letter from M^ Morris, Govf of New Jersey, 
giving Account of his having pubhshed 
his Commission, the people rejoice at hav- 
ing a Distinct Govf from N. York, and 
hope to have a Trade to Great Britain 
directly to New Jersey, Rec*^ Octo*"'" 26*'' 

Perth Amboy, Sepf* y« 11''^ 1738. 

My Lords. 

I did on the 26**" of August receive his Majesties 
Letters Patent appointing me Governor of New Jersie, 
I published them at Amboy on the 29'^!' and at Bur- 
Hngton a few days afterwards. 

The People are greatly pleas'd with being governed 
by a different person from the Governor of New York ; 
and cannot sufficiently express their ObUgations to 
his Majestie and his Ministers for that favour. I have 
ordred writs for the Election of an assembly which 
is to meet on the 26*'' of October; and if a Judgment is 
is to be form'd from the Generall satisfaction that at 
present appeares, I am not without hopes of a good 
Issue from their meeting. 

They have warm desires, and are big with hopes of 
carrying on a trade directly with great Britain, instead 
of recieving European Commodities from their neigh- 
bours of Boston, New York and Pensilvania. I am 
not yet acquainted with their schemes; but hope I do 
not Err in wishing that the Success may answer the 
expectation; Tho I feare it will be a work of more time 


than they suppose it wiU require to bring it to 
the desired effect. If they continue in the Same mind 
when I know the methods they propose I shall com- 
municate them to yoiu' Lordships for your farther 
commands and in this and in every thing elce will 
endeavour that my Conduct Shall be such as will pre- 
vail upon your Lordships to entertain a favourable 
opinion of 

My Lords 
Your Lordships most Obedient and most 

humble Servant 

To the Right hon'^'" the Lords Comm'* for Trade & 

From Governor Morris to the Duke of Newcastle — 
acknowledging the receipt of his ComtnissKm. 

[From P. P. O. America & West Indies Vol. 12, p. 62J 

Perth Amboy in N. Jersey, Septf 11"' 1738 

May it please Your Grace 

I did on y'' 20* '' of August recieve by Captain Peai-se 
his Majesties Letters Patent. Constituting me Gov- 
ernour of New Jersie, which I pubhshed at Amboy on 
the 29**^ following, and at Burhngton a few days 
afterwards. The People are highly pleased with 
being to be governed by a person distinc' from the 
Governor of New York; and T have on every Occasion 
endeavoured to make them sensible how much they are 
Oblig'd to his Majestic and his Ministers for so con- 
siderable a favour. 

I beg that Your Grace will give my humble thanks 


to his Majestie for the honour he has done me in 
Appointing me their Governour. I will Endeavour to 
behave agreeably to the great trust reposed in me; 
And to shew that his Majesties favours are not 
conferr'd upon an unsuitable Object. 

I should be w^anting in my duty, Should I not on 
this head Owii my Obligations to Your Grace. I 
presume humbly to beg the continuance of Your 
Favours, in making favourable representations of my 
Conduct to his Majestie; which I will endevour Shall 
be such as may prevail upon Your Grace to be the 
patron of 

May it Please your Grace 

Yours Graces most Obliged and 
most Obedient humble Servant 
Lewis Morris. 
To the R' Hon'ble his Grace duke of new castle &c. 

An Address to the King from the Council and Repre- 
sentatives of New Jersey — Thanking him for 
giving N^x' Jers'^ij ''■ "^pci^'cifc Govennor. 

[From P. K. O. America & West Indies, Vol. 13, p. 61.1 

To HIS MOST Excellent Majesty Geoege the 
second by the Grace of God of Great 
Britain France and Ireland King Defen- 
dor of the Faith &c. 

The most humble Address of Your Majesty's 
Council and the Representatives of Your 
Majesties Province of Nova Ccesarea or 
New Jersey in Generall Assembly Con- 

Most Gracious Sovereign 

Wee Your Majesties most dutifull and Loyall Sub- 
jects, Do humbly beg leave to acknowledge to Your 


Majesty our most hearty and sincere thanks, for your 
having, at Our earnest Petition, appointed a Person 
to govern this Province solely, a ffavour truly great! 
and which we recieve as a farther Testimony, that the 
remotest of your Majesties Subjects are equally the 
Objects of your Royal Care, protection and Benevo- 

From hence We hope to see Trade and Commerce 
fflourish, and Justice more duly and Speedily Admin- 
istered, among us. Blessings! which will make us 
happy, Encrease the Number of Your Majesties sub- 
jects here, and enable us from time to time honourably 
to Support the Government in all its parts. 

Permit us also most humbly to acknowledge our 
satisfaction in the Gentleman whom your Majesty has 
on this occasion appointed to Represent your Royal 
Person here His know [n] Justice, Integrity and Impar- 
tiallity in his several former Stations, has render'd 
him most acceptable to us, His perseverance therein 
and Our Loyalty and Gratitude to your Majesty, the 
best of Kings, will be the Inducements to continue 
your Royal Grace and Favour, both towards Him and 

That Your Majesty may long Live and Reign, Tri- 
umphant over all your Enemies. The darling and 
beloved Object, of all your Subjects Care and Vener- 
ation, and blessed in a numerous Offspring, is the 
Prayer of 

Divers of th© 

Members of May it pleasc Your Majesty 

both Houses be- y . j^^iesties most Dutiful! 

ins of the People , t t a ^ • i- 

caiied Quakers and Loyal SuDjects 

'r.rrsr- By Order of the Councill 

Stance of the JOHN HAMILTON Sp 

:T:^':1 By Order of the House of lEepresentatives 
Exception to JosEPH Bennet [Boimell^J Spea. 



Letter from Governor Morris to Sir Charles Wager,' 
First Lord Commiss''. of the Treasury — relating to 
the affairs of New Jersey and Neiv York, 

[From Original Letter-book, of Gov. Morris, in the New Jersey Historical Society 


Amboy May 10^" ITau. 

Right honble 

I acknowledge the hon' of yours of the 15'-' of Jan'y 
& 11*'' of december. I thank you for the favours Ex- 
pressed in both of them, my poor daughter is under 
the greatest Obhgation to you concerning her pension 
& if She recovers the great fatigue of attending a sick 
Husband (v^* I am told kept her constantly out of bed 
(Except three nights) both during the Voyage and 
after it) She cannot faile of returning those gratefull 
Sentiments She is at present with So much reason 
possess'd of — 

I thank you for y favourable Sentiments you ex- 
press of my Speech' I spoke my reall thoughts; & if a 
Judgment were to be form'd from the Assembly's 
address u]:)on it ( w"' was long a comming) and from 
the addresses from all parts of the Province I had rea- 
son to Expect every thing I could fairly desire, but, I 
cannot as yet Say the Success has answer 'd the Expec- 

' Sir Charles Wager— This Baronet, with whom Governor Morris formed an 
intimate acquaintance when in England, and for whom he cherished a sincere 
regard, stood high in his profession. He was made a Captain for his gallantry at 
the battle of La Hague. In IVOT' he was sent with a command to the West Indies 
where he defeated fourteen Spanish galloons with only three ships. Queen Anne as 
a reward for his distinguished services, knighted him. and promoted him to be an 
admiral. His generosity was equal to his heroism. The riches he acquired were 
regarded bj' him only as the means of doing good both to his relatives and to 
persons in distress. He was chosen a member of Parliament for Portsmotith in 
1709, and sat in every parliament there after until his death. He was placed at the 
head of the Navy Board in January, 173,'.— See Collections New Jersey Historical 
Society, Vol. IV, p. 40.— Ed. 
^ See "Papers of Governor Lewis Morris," pp. 3()-38.— En. 


tatioii. & whether it will, or no, requires Some time 
to discover. Thei'e is So much Insincerity — and Igno- 
rance—among the people and withall so rooted a Jeal- 
ousy of their Governours, & so strong an Inchnation in 
the meaniest of the people (who are the majority & 
whose Votes make the Assembly) to have the Sole 
directio]! of all the Affairs of the Government, & to 
make the Governour, and other officers Intirely depend- 
ant on themselves, that it requires much more temper. 
Skill, & constancy to overcome these difficulties than 
falls to every man's share & whether to be done most 
effectually by driving, or leading them, is difficult to 
determine. Each of these have been Successfull in 
their turns: & sometimes neither. The generallity of • 
them Seem to have no very quick Sence of honour or 
of Shame & can beare with indift'erence enough the 
reproaches of departing from their words or Engage- 
ments whenever they think it Impro])er to comply w"' 
them; so that their addresses like many others are not 
much to be depended on being rather the sence of 
the drawers who furnish the words & Paragraphs & 
may be said to be as little understood as intruding by 
the greatest part of the Addressors; if their conduct 
afterwards be a reason Sufficient to forme A Judg- 
ment on; of this their adress to me (Inclos'd for your 
perusall) is a Sample & I should be glad I could truly 
Say that this bad made it good in any one point, & 
here I must not Omit doing the Justice to Say that A 
majority of the house profe^^s'd to be my friends & I 
am willing to believe an Equallity of them were really 
Sincere & to them (who Spar'd no pains) is owing w* 
has been done ; tho many of their notions were too 
confinVl & narrow to do as much as might Otherwise 
have been Expected from them, had there been no 
greater obstacle y" this perhaps time and conversation 
might have remov'd it, but there grew So great a ran- 
cour amono- the members that they Shun'd the conver- 


sation of Each other Out of the house, and could not 
preserve the rules of common decency in it descending; 
to downright Scolding, giving the lye, threatning to 
Spit in the faces & were (as I am informed) often 
very nigh getting together hy the Ears: & Seemingly 
or really so Irreconcileably divided that when any bill 
was proposed tho a good one by One part it was Op- 
pos'd by the Other purely for Oppositions Sake, this to 
Some Gover'^ might not have been a disadvantagious 
Scituation; but I did not think the Governing by par- 
ties EUgible till I could not avoid the doing so, & 
us'd the differences rather as matters of diversion than 
otherwise: Sometimes expressing a concerne that good 
men Should be So Angry w"' each other. This was 
their conduct During most of the time of their Sitting, 
which was very Long: but before the close of the Ses- 
sions there arose a difference between them & the 
Councill; & tho they were far from Agreeing Amongst 
themselves in other matters yet, the majority of them 
Seem'd to unite heartily against the Councill in this: 
w'^'' appearing to me of Dangerous tendency I thought 
it necessaay to dissolve them; & not Suffer a contro- 
versy of that kind to go any further, Inclos'd you 
have my Speech to them on the dissolution: with Ap- 
parent reasons for the doing of it: but the true one 
was for this their Extravagant & as I thought unwar- 
rantable claim w''' was the Cause of this difference, 
the case stands thus, There are two Acts pass'dinthis 
Province to strike paper bills of credit : these two Acts 
have had the Royall assent, — the reasons assign'd in 
the preamble of these Acts are, for Encreasing the cur- 
rency of this collony, for the better enabling the in- 
habitants to Support Government, discharge their En- 
gagements & carry on their trade. In order to do 
those things this money is let out to Interest, and the 
Interest arising from it to be yearly paid in to the 
treasurers of the Province and by these Acts 


this Interest money so paid to the treasurers 
is to be disposed of to & for the Support of 
the Govern nieut in Such Sort, manner & forme, as hy 
the Governour, Councill, <fc Generall Assenibiy, Shail 
be directed. —By these Acts the money arising by the 
Interest is given and Apply'd to the Support of the 
Clovernment and to be dispos'd of for that purpose; 
but how & in what man'er that is (as I take it) how 
much to the Governour & how much to other officers, 
ct for other Services is lef I to the direction of the Gov- 
ernour, Councill, & Assembly, for the time being to 
Agree upoii; whether this was to be done by Agree- 
ment without an Act of Assembly; or by an Act^ 
might admit of debate; but whether with, or without 
an Act; the Councill were of Opinion that both they 
and the Governour; had by virtue of these Acts as 
much right as the Assembly to direct how «X: in what 
manner money long since rais'd S: paid int(^ the hands 
of the treasui'ers for the Support of the Government 
Should be apply'd to that use, — the Assembl}^ indeed 
when they rais'd any money by act have pretended a 
right not to admit the councill to amend a money bill 
& the Councill on the Other side have insisted on a 
right to amend any bill if they thought fit; tho they 
Often declin'd doing of it rather than hazzard the 
Support of y'' government, but this they took to be a 
quite differant case because by the Express words of 
the Acts w"' rais'd the money both govei-nour and 
councill as well as assembly were I m powered, to direct 
in the disposition of it; however, to avoid as much as 
might be any dispute on that head, the Councill did 
proceed directly to make the Ammendments they 
thought necessary; but desired A conference with 
them on the Subject matter of the bill, the Assembly 
Naturally enough Concluding that the C'ouncill In- 
tended by this conference to propose Some Ammend- 
ment to the bill then Sent up the Support of the gov- 


ernment not only refus'd to Conferr Avith them, but de- 
clar'd it to be inconsistent both with the Interest of the 
Province & the priveleges of their house to Admit of 
any alterations to be made in it. This they might 
have said if they had So pleas'd with respect to Any 
other bill or all bills & would have been if persisted in 
a totall Exclusion of y' Councell, w"' has all wayes 
been & still is one of the branches of the Legislature 
by his Majesties letters Patent: & whatever pretence 
they might have had with respect to a bill raising 
money upon the people, they had not the least collour 
for doing it in a bill w''*' was only made for the appli- 
cation of money alh^eady rais'd & in the treasury; & 
w'^"' by Virtue of Acts that rais'd it was to be applyed 
by the direction of the governour & councill as well as 
themselves, — the Excluding one of the branches of the 
Legislature I conceiv'd to be a matter of too dangerous 
tendency & too Open an attempt on the constitution 
for me to let pass unnoticed; & I pers wading my Self e 
that my Conduct will on this head be approval by my 

In Pensylvania they have a counciU to advise the 
govern"" w*, as I am told have no voice in Legislation 
& their neighbours in this Province may for ought I 
know be fond of Such A Constitution: as being one 
great Step to render A governour Intirely dependant 
on the people, & the tool of their purposes; w''' are not 
allwaies the best or most beneficial for themselves; but 
untill his Majestie thinks fit to make that the Consti- 
tution of this Government, it Seems to me an unwar- 
rantable Step in the Assembly to attempt it, by a pow- 
er AssumVl to themselves; & to be too like a vote 
formerly in England that made the house of Lords 
useless, but of this his Majestie & his Ministers before 
whom I am Obhg'd to lay their conduct will be the 
best Judges and of what is fit to be done. The Board 
of trade in a letter of theirs of y'' IP)"' novemb- 1711 


when the Assembly of New York Insisted that the 
Councill could not Amend a money bill Say that pre- 
tence is Groundless and will not be allow'd of in Eng- 
land the Councill having an Equall right with them in 
G-ranting money there being nothing in her majesties 
Commission under ye great Seale to the contrary, by 
virtue of w'^'' they only Sit as an Assembly. I make 
no question the members of the present board will be 
of the Same Opinion and that if the Assembly pretence 
that the councill could not amend A money bill was 
groundless the pretence of Excluding of them totally 
from making any alteration in the disposition of money 
allready rais'd (& w"'' by Express words of the Acts 
that rais'd it Power was Given to the Councill Equally 
with the Assembly to direct in the disposition of it) is 
much more groundless & um-easonable. 

I am Sorry to Say that Some of the people call'd 
Quakers were very Strenuous on this head against the 
Councill & were very much the Occasion of Carrying 
things this length: but as many of the members of 
that perswasion in the house were very much & 
Sincerely my friends I would hope that if Some of 
their friends in England would by letters hint to them 
the danger of this conduct the warm, & heady Amongst 
them might be prevail'd upon to become more moder- 
ate and to desist making of claimes w"' I think can 
never be granted: but that I submit; the disposition of 
the people, their Jealousies of all govern" and their 
Strong Endeavours to render them intirely dependant 
upon themselves, tho' too notorious, is not Peculiar to 
this province only, it Increases as you go farther East- 
ward, & I think is rather more in New York than 
here; but with this difference that the Generallity 
here pretend a great Liking and atfection to their gov- 
ernour; but there not. M' Clarke who really is A 
man of understanding (& who I think has behav'd 
very well & with exceeding temper) has not been So 


fortunate as to gaiiie upon the Affections of the people 
who Deem him a man of much Art; but Suspect his 
[Sincerity, & ad to their generall Jealousy of all gover- 
nours a very great Suspition of him in particular, ■ 
the Generalhty of those who dislik'cl M' Cosby 's 
administration did firmly believe he was the director 
& adviser of all M"" Cosby's measures & tho' he Deny'd 
he was So & charg'd All their missteps to the account 
Coir Cosbys lady and took quite different measures in 
his administration yet his denyall did not obtain So 
much credit as was expected. On the Other side the 
Partizans of M' Cosbys administration whether it was 
from dissappointment of Mr Clarkes not entring into 
their measures with So much warmth as they Expected 
he would or for what other reason began Seemingly 
or really to grow coole towards him and after that so 
Violent against him as to exceed all manner of decency 
in the Opposit" they made; they upbraid him in all 
companies & some of them as I have been told went 
so far (of w"" it is Said the brother of the chief Justice 
was one) as to come close to the fort walls when his 
Lady and daughter was walking upon the ramparts & 
abuse them in a most vile manner calling Each of 
them whores & pretended to name the places, times, 
& persons, where, when, & with whom they had 
entertained Criminal conversations. M' Clarke pru- 
dently declining to take any notice of this, conlirm'd 
the Others in the Opinion they had entertain'd that 
this difference was all pretence & y' he was embark'd 
in the Same bottom with them or w^ould have taken 
notice of this & 20 otlier Instances of Mall treatment 
he had receiv'd and had been given to Others w"'' they 
Said might have been effectually don by changing a 
Sherrif made by Cosby w''' he had been petitioii'd by 
Some hundreds to do, but would not & w''' Sherrif 
generally return'd some of these rude people on the 
Grand Jury, the dissolution of y'' last Assembly 


which had done more than he could have expected of 
them farther confirm'd these Suspicions for tho' the 
Opposite party liad by methods not as is Said altogether 
Justifyable got one of their party into the house in the 
room of one of the Other y* dyed & had gain'd Some 
of the members yet they Soon lost them & then began 
to appear a disposition to peace & settlement but the 
Sudden dissolution put a stop to its being done by 
these hands I was an In tire Stranger to the thing; 
being not. at all ad vis'd with about it nor do I learne 
y^ my son v,^as & was much Surpris'd when I hear'd it 
being a misterious piece of conduct which none could 
Account for but those let into the Secret. The pre- 
vailing Opinion was that he had now thrown oif y*" 
mask & was sure of the Other party; and his Speech 
to them Since confirmes them in that Opinion w'^'' they 
say would not have been what it is if he had not well 
known who he had to deale with; for my part I hardly 
know what to Say about it, he may possibly Succeed; 
but I very much Question it, if those Suppos'd of his 
party are not very great masters of dissimulation no 
thing has been left unsaid by them to bring in men 
Very Opposite to his Interest, & should those let into 
the Secret (if such there be) pretend to change Opinions 
& decline passing in the house the arguments of a 
halfe Sallary being Sufficient & that for one yeare for 
a Lieutenant govern our w"'' were the popular topicks 
they made use of to get themselves & others chosen I 
doubt much if they would Succeed; but that a little 
time will discover. 

I have been the more full on this head on the Score 
of the letter you hon!l' me with of the 15*" of Jan'y. I 
cannot easily Express the Obligations I think my Self e 
under to you & am Sencible of those I ow to M' Wal- 
pole & would be gladly Serviceable to M^ Clark or any 
friend of his or Yours. I wish it was as mucli in my 
power as Inchnation to reconcile & put an end to the 


animosities in New York in Such a manner as would 
make them friends to the governour & government as 
well as one another; but that considering the generall 
Inclinations of the people requires greater talents than 
I am master of & M"" Clarke has too great A knowl- 
edge in the Scyence of government to need my Advice 
Should he condescend to Ask it, Time may discover 
strange Events but if I can forme any Judgm' from 
the present face of things that govern m't will be in no 
likely hood of Settlement unless A govern- in chief is 
Sent among them & he Should be as I think one of no 
mean abillities that can Succeed in So difficult an 
undertaking without the aid of a British Parliament: 
but I feare I say too much. 

Our Assembly have Setled a Support for three Years 
and would have it behev'd that they have done won- 
ders, my share of it is £'1000 per annum w^'' was about 
600 Sterling but is now about 550£ Sterling & my 
whole perquisites will not Exceed £70 Sterling p' 
Annum if it comes up to it, the other officers of the 
Government are So scantily provided for that they can 
scarce performe the Services required of them & at 
the Same time there is Sufficient in the Treasury for 
an ample provision for all of us. The assembly 
tliought that in this Support they had made an Ample 
provision for me, or would have it thought so by 
others; but unless they mend their hand I can't see 
that I can lay up any thing by it, the holding of the 
Sessions of Assembly in two different places & keep- 
ing two Secretaries offices causes an Encrease of 
Expense & is inconvenient to the Inhabitants of W'' 
they are Sencible, as may be Observed from their 
addresse to me. The Instruction Obliging to that was 
a concession the Crown Agreed to upon the Surrend' 
of the Government; but it being on all hands agreed 
to be inconvenient; & the circumstances both of 
things and of the Proprietors Interests with respect to 


their Scituation beins; now very much altered, the rea- 
son of it doth not now continue the Same it was; & I 
am in hopes his Majestie may be induc'd to leave tliat 
matter to the govern' & councill 

I have wrote a book instead of a letter but belie vVl 
the being particular would give you the best Accounts 
of things So as to enable you to form a Judgment of 
them and am Sir 

Your most obliged &c L. M. 

To the Right Honble Sir' Charles Wager first Lord 
Commiss"" of the Admiralty & one of his Majesties 
Most hon^''' Privy Counsel. 

From Ex-Governor Hamilton to the Lords of Trade — 
complaining of certain proceedings of Governor 

[From P. R. O. B. T. New Jersey Vol 4. F 33. J 

Letter from M*" Hamilton late Commander in 
Chief of New Jersey, dated May 30*'^ 1739, 
complaining of Col: Morris the present 
Govt for threatning to sue him for the Sal- 
ary he received as President, when he com- 

Amiboy May 30*" 1739. 

My Lords 

I humbly hope your Lordships will pardon the pre- 
sumption. I now am Guilty of by taking up Any of 
your time with my trifleing Affairs but Your Lord- 
ships haveing been pleased to A])prove of My Conduct 
during the time I presided in this Province & directed 
me in a Letter You did me the honor to Send of the 
2-2'' of June 1737 to doe my utmost to preserve the 
tranquility of the Province under my Command untill 


the Arrival of the Lord De La Warr. I take the 
Liberty to Acquaint Your Lordships that as Soon 
as Coll? Morris rec** his Commission for Governor 
of this Province he came here to publish it and att the 
Same time did declare he came as an Intire Stranger 
and Void of all resentments to Any person v^hatso- 
ever. In the Winter Coll? Morris held An Assembly 
att Amboy in the Council I acted as President & for- 
warded his Majesty s Interest & the good of the Coun- 
try as much as Lay in my power the first Council that 
was held after that Assembly was disolved the War- 
rants for the Salarys of the Officers of the Goverm' 
were Signed, I Applyed for my Salary as Commander 
in Cheif from the 23** of June 1738 (to which time I 
had received My Salary) to the 28"' of Aug' following 
the day he published his Commission w'.' he not only 
refused to grant but likewise told me he Expect'd I 
Should pay him all the Salary I had received as Presi- 
dent of the Council from the 20'." of Oct- 1736 the time 
he came here and demanded the Goverm- & that If I 
did not pay him he Should be Obliged to Sue me. I 
told him if he did & Judgment went aga,inst me I 
would certainly Appeal Since that I have not heard 
any thing further nor doe I yet know what he Intends 
to doe, however I thought it my duty to Acquaint 
Your Lordships with it & begg You will consider what 
a Situation I shall be in if he does, He is the Govern"; 
has made his Youngest Son Cheif Justice of the pro- 
vince. & Appoints Sheriffs & other Officers of the 
Court. So if I should be Cast I must first Appeal to 
him in Council befor I can carry it to England wheiein I 
may meet with great difficulty. I humbly begg Your 
Lordships will be pleased to consider me I hope You 
will pardon me for this Long Acc- 

I have the Honor to be w'.'" the most profound regard 
My Lords Your Lordships most humble 

and most Obedient Servant 
John Hamilton 


Letter from James Ale.cander to Peter Collinson' — 
relating to his difficulties with Governor Cosby 
and President Clarke. 

[From the Original Draft in Rutheifurd Collection, Vol. IV, p. 03. | 

New York June 4 1739. 

heariag by this post that a new Gov' is nominated 
for this place, tho' I am Extremely Straitened in time 
yet Least the news should prove true I thought that I 
ought not to miss this opportunity of answering yours 
concerning my place in the Council as particularly as 
I could. 

About IS years agoe I was appointed one of the 
Council of New York by Governor Burnets recomen- 
dation on his tirst arriveal to whom 1 was in the 
Strongest manner recommended by Brigadier Eobert 
Hunter Jiis predecessor who were two of the best 
Gov" that ever this place has had &. if I am not out, 
I am now the oldest but one of the Council. 

I Stood So well with Brigadier Hunter Gov' Burnet 
& Gov Montgomerie, that I was not without Envy 
on that head, tho God knows it I never used my 
Interest with them to the hurt of this my Country oi- 
any one in it but the Contrary to the utmost of my 

Before Coll Cosby Came I thought I Laid in a Suffi- 
cient Stock of Obligations upon him that I might have 
Stood as weD or l)etter with him than any former GoV 
because he was more Obhged to me before ever he 

> Peter Collinson was for many shears the business correspondent of Mr. Alex- 
ander in London, making purchases for Mrs. Alexander's store, and performing 
important services otherwise— £p, 


Saw me than any one in this place & by the advice & 
assistance I gave him in England before his arriveal 
here he owned he Saved the payment of the Companys 
here which was at Least £2000 p! annum to him all 
the time of his Government. 

The assistance I gave him was not by advice before 
hand only but also by Advancing much above 4000 of 
our money for the payment of the Companys before 
his arriveal when no" other body would do it at first to 
Save him from the necesity of the thing because no 
provision was [made] for it and afterwards by his 
approbation & thanks for what I had done & Express 
directions to Continue to do So till his arriveal. 

Upon his arriveal he Seemed very gratefuU for these 
Services, but Soon after I had a notice from my 
friends Penn & Barclay that his agent refused pay- 
ment of above £500 Sterling of what I advanced at 
his request, which I acquainted him of &; he buffled 
with me about it for three months when I would be 
no Longer so put off. I told him I must beg his 
appearance to a Suit ag' him for my money, & beg'd 
that it might make no alterration of friendship be- 
twixt us — This put him in a Rage & Storm in which 
he threatned terribly; on this Treatment I immediatly 
Engaged all the best Council in this place ag^ him — 
he Sent soon to the Same Council but found I had been 
before hand with him, upon which he Complyed by 
giving me a Note under hand for bills of Ex'' to the 
value of my Demand Imt £140 of that money is still 
unpaid & Ever will be I Suppose for I happened after- 
wards on a Shop account to Sign a Eec' in full of all 
Demands without reading it thinking it to have been 
drawn in the Shop by my Wifes Directions & he had 
the grace to Declare he made use of that to barr me of 
that demand under his own hand. 

Thisuseage of me to whom he was So much Obliged 
was but the first appearance of his madness (the most 


charitable name I can give to his Conduct here) it 
Soon broke out after with a full Lustre ag' M' Vandam 
Coll Morris & others, >Sz Did Such things that few men 
thought their Lives, Libertys or Estates in that Colony 
in Safety, I heartily opposed his mad measures. This 
Led him to represent me in a Strange Light to the 
board of Trade, They without hearing me (tho a 
Caveat was there Entered) & without any proof 
reported ag' me to be Displaced but Coll Morris hear- 
ing of it before confirmed in Council wrote to Lord 
Wilmington against it, which put a Stop to the Matter 
then & there it Lyes unconfirmed — but I have been too 
Long on that Madman — to come a little nearer to 
the point, most men believed that M' Clark was an 
adviser & a helper in Cosbys Schemes in order to ruin 
him & make way for himself (tho he has Strongly 
Denyed it since his Death) Cosby Suspended Vandam 
to make room for Clark to be president — most men 
abhorred the action & believed the Suspension Died 
with Cosby because not. in the Kings name but a per- 
sonal act of Cosbys of which opinion I was and still 
am & Disowned M' Clarks government as president 
accordingly. I was not once Summoned to Council 
from the time of my threatniiig of Cosby with a Suit 
as before till the day of his death when I was Sum- 
moned & opposed M' Ckirks taking the Cxovernraent 
on him, l)ut M"' Vandam was heard & had ray dissent 
Entered on the minutes of Council & a Coppy of my 
dissent attested by the Clerk as a proclamation The 
Council Delivered me [i] but notwithstanding that 
Caution notifying the death of Cosby & his taking the 
Government by unanimous advice of the Council 
nameing my name the fii'st of them. I Lookt on this 
as a horrid abuse of me & immediatly I pubhshed a 
Declaration that I had not advised or Consented as 
that proclamation Set forth— various papers were pub- 
lished on this point from the 10"^ of March 1735-6 the 


day of the death of Cosby to the 12"' of April 1736, 
which may be Seen in Bradf ords & Zengers 'papers here, 
when M' Zengers paper of that Last day in my behalf 
. . i . . without answer, all men being Convinced of the 
abuse put upon me by the proclamation & Bradfords 
papers in Support of it— which the minutes of Council 
Showing my Dissent (durst I have Cited them) might 
have done at once. 

M'' Clark had got the Seals & the Majority of the 
Council on his Side but a vast Majority of the people 
Lookt on him as an Usurper in prejudice of Vandam, 
however the plan was kept no material Step of Either 
Side being taken to break it Leaving things just as 
they were at Cosbys death till September thereafter 
when Magistrates for this City were by the Charter to 
be Elected & a new Mayor was to be appointed by the 
Commander in Cheif and as it remained a Doubt who 
was Commander in Cheif & consequently whose nom- 
ination of a Mayor Should be accepted it was put to 
the vote on the day of Election of Magistrates & 
unanimously by the Electors of the whole City voted 
to accept of M' Vandams nomination of a Mayor. M'' 
Clark appointed one & Vandam another, but before 
the time for their Entring on the office M' Clark was 
approved from England & had a Commission to be 
Lieu' Governour — On this all opposition to him as to 
being Commander in Chief Ceased — he treated me iu 
the Same manner as Cosby by not Summoning me to 
the Council — the Assembly that had sat for near ten 
years & who the people were much disgusted at for 
not opposing Cosby in his measures, to retrieve their 
Credit with the people began to op})ose M'" Clark & 
would give him but half the Salary usually given to a 
Gov' he thereon dissolved the Assembly— & his great- 
est former opposei's while president were chosen — 
amongst which I happened to be one — he promised 
Some good" Laws to give us Something of a Constitu- 


tioii (besides will & pleasure in Consideration of which 
we granted him full Salary & all his arrears (not 
out of any affection) I believe he owed it pretty much 
to me that he got it, we were willing to pay him full 
Salary from 5^ear to year would he govern well & con- 
sent to Laws necessary for the Colony, which the first 
Session of that Assembly he Seemed pleased with but 
before the next Session he found means to prevail on 
a Considerable number of that Assembly to accept 
offices of him & consequently in the opinion of the 
people, to become Dependent on him, this he well 
knew had ruined their Interest with their Constituents 
& therefore at the beginning of the next Session he 
treated them with a Motherly air & demanded a five 
years Salary to be paid at once upon him — he had not 
Corrupted Enough to Consent to that tho no Stone 
was Left unturned to do it he Courted me and my 
family heartily but in vain & he knows I was a Con- 
siderable Instrument to prevent his Obtaining his aims. 
— not out of any pique to him but because by Dear 
Experience we have found it ... . prejudicial to 
the Country to give a five years Salary for . . (?) . . 
governours Have got that but they have Set plunder- 
ing Schemes on foot as Cosby did with a witness — 
being so baulkt of his aims.— he Dissolved that 
assembly at the new Choise it was objected to me that 
I had been for full Salary & would be a friend to M' 
Clark in all his measures of a five years Salary &c— to 
be for a fuU Salary I would not Disown while he gov- 
erned well, for it vv^as my opinion be what he will that 
he ought to be paid well while he governed well, but 
as to a five years Salary I was Content to give any 
assurances that I would not be for it and that I would 
be for all the Laws that the Country had at heart— a 
Declaration by way of Question & answer was drawn 
up to this purpose to which my Colleagues & I agreed 
-:f vf * * ^ The votes on the Election were very 


near but my fellow Candidate & I Lost it, but I believe 
we might have had it, had the half of the pains been 
taken that was taken on the other Side as for my part 
I never asked one to vote for me * * * * ^ great 
part of this you may think out of the way, but I 
thought it necessary to show you how I Stand with 
M' Clark, who no body doubts is a man of good sense 
& of vast reach & cunning & who has governed so as 
to give no Just Cause of Complaint to any one that I 
know of & while he does So I wish he may continue 
our Governour & yet no man believes he has one grain 
of ... . nor any regard for any man but in 
Exact proportion to the benefite he can make of him, 
but to come the point I beUeve that would I have ap- 
ply ed or would Still apply to him to recommend my 
restoration, that he would be much pleased with my 
request & promise to grant it, but whether he would 
perform his promise is what I can in no ways depend 
on — On the Contrary I have reason to believe he would 
publish that my request in order to ruin my inter- 
est with the people he has given more than one 
instance of the like— I Incline not to put these in his 
power nor to Lye under any Obligation to him & will 
rather Chuse to Remain out of my place in the CV)uncil 
for ever. 

I want not to be restored while he is Governour all 
I would desire is that when a new Governour is nom- 
inated that I may then be put in my right place & in 
order to ttiat I think his Recommendation c:in no ways 
be wanting. 

If a new Governour be nominated as is Said Now 
must be the time before the Instructions pass for to do 
this & I gratefully Embrace your offer of Service on 
this head. I am heartyly Sorry for the death of Capt 
Norris had he been alive he would have heartyly 
assisted in this with all his Interest. If M' Paris can 
be helpful, I believe he will readyly Lend his assistance 


in it at your request for he it was that Entered the 
Caveat ag' Deteruiining on any representation of 
Cosby ag' me till I was heard & to him I Sent Certifi- 
cates of my Character from Sundiy (Irandjuries of 
New York & New Jei'sey upon oath Attested under 
the Great Seal of New Jersey & under the Seal of the 
City of New Yoi'k which he has but the Charge that 
woudl attend a heai'ing before the King & Council on 
this matter hindered Coll Morris then in England from 
proceeding in it he being in the Same representation 
& report that I was, & So till this time it Lyes. If 
Thomas Orby Hunter son of Gov' Hunter he in town, 
I believe he will readyly at your request do all in his 
power in the matter h(nv much that may be I know 
not. * * * - V- 

Jas. Alexander. 

From James Alexander to Mr. Rodrkjo Pacheco — en- 
closing the foregoinr/ letter. 

[From the Original Draft in Rutherfui-d Collection, Vol. IV, p. G3. | 

New York June 4*^ 1739 

Dr Sir [Extract.] 

Capt Pierce told me that Peter Colhnson was the 
man who (unaskt of me) put S'" Charles Wager upon 
getting me restored to the Council of New Jersey 

M^ Collinson is a man of good Interest w' Sir Charles 
& has Since offered his best Services to procure me 
the Same favoui' for New York has taken Some pains 
about it (also unaskt) & advises that it would be Easy 
had I M' Clarks recommendation, the within is Chiefly 
to shew- M' Collinson that I cannot be restored that way. 
What I would beg of you is to peruse the enclosed & 
to Seal it, & if the above news be true [the reported 
nomination of a new Governor] to take an opportunity 


to Deliver it to M" Collinsop, & if you please to tell 
him you are personally acquainted with me and will 
give my Character when askt Also if you think you 
can otherwise be helpfuU to him in the Matter to Offer 
him your Service. But if no Governor be nominated 
I would only, have you send the enclosed & have 
no Stir in the matter for I believe its as M' Col- 
linson Says that Clarks Recommendation is a neces- 
sary requisite during the time of his Government, & 
as I shall not apply for that any Stirr in the matter 
would be Labor in vain — Should at any time hereafter 
a Governour be nominated Then I beg of you upon the 
first notice of it to * * * on M' Collinson for the 
purpose before Being in haste I remain 


Ja? Alexander. 

Report from the Board of Trade to the House of Lords 
— relating to the Currency in America. 

LFrom P. R. O. B. T. Plantations General No. 36, Ent. Book G, p. 245.1 

To the Right Hon^'*^ the Lords Spiritual & Tem- 
poral in Parliamf Assembled. 

May it Please your Lordships 

His Majesty having been pleased by his Order of the 
15"' of June last, pursuant to Your Lordships Ad- 
dresses of the 13'" of the same Month, to direct the 
Commiss'.^ for Trade and Plantations to prepare & lay 
before your Lordships at your next Sessions, " An 
''Account of the Amount of the Paper Bills or Bills of 
"Credit, which by Virtue of any Act or Acts of As- 
"sembly subsisted or passed in Payment in any of 
"the British Colonies or Plantations in the Year 1700, 
"&also an Account of the Amount of what Paper 
" Bills or Bills of Credit of any Species or Kind, have, 
' ' by Virtue of any such Act or Acts, been created or 
"issued in any of the said Colonies or Plantations 


"since the Year 1700, with the Amount of the Value 
"in money of Great Britain, of such Bills at the re- 
"spective times of their creating and issuing, and 
"what Provision was made thereby for the sinking or 
"discharging of any such Paper Bills or Bills of 
" Credit, together with an Account of the Amount of 
"the Bills that have been sunk or discharged in pur- 
"suance thereof, and also of the Bills subsisting or 
"passing in Payment at this time in any of the said 
"Colonies and Plantations, with the Amount of the 
"Value in money of Great Britain of such Bills, dis- 
" tinguishing each Species or Kind of Paper Bills or 
" Credit and each Colony and Plantation;" and like- 
wise an Account, 

"What Rates all Gold and Silver Coins were ac- 
" counted, received, taken or paid, and Gold and Sil- 
" ver were purchased at & sold for p' ounce, in any of 
"the British Colonies & Plantations in America, in 
"the Years 1700. IVIO, 1720, 1730; and at what Rates 
"Gold and Silver Coins are accounted, received, taken 
"or paid, and Gold and Silver are purchased at or sold 
"for p' ounce at this time in the said Colonies and 
" Plantations, distinguishing each Colony and Planta- 
tion:" We take leave to represent, 

That not having sufficient Vouchers in Our Office, 
to make out an Authentick Acc^ of Matters of so long 
a Retrospect, We immediately wrote, in Obedience to 
the said Order, Circular Letters to the several Govern- 
ors of his Majesty's Plantations in America, inclosing 
your Lordships said Addresses, & directing the said 
Governors forthwith to prepare & transmit to Us the 
several Accounts therein required. 

In Answer to which Letters, We liave received the 
Returns hereunto annexed from the Governors of his 
Majesty's Provinces of New York, New Jersey, the 
Massachusetts Bay, & New Hampshire, and from the 
Deputy Governor of Pennsylvania. ^^^ the three Coun- 


ties of Newcastle, Kent and Sussex upon Delawar 
Eiver, and the Lord Proprietor of Maryland; and also 
from the Governors of the Islands of Antigua, S' 
Xtophers, and Montserrat, Barbados and the Bermuda 
Islands; and crave Leave to lay the same, as they were 
transmitted to Us, before your Lordships, as We shall 
do the remaining Answers upon the same Subject, as 
soon as We shall receive them. 

All which is most humbly submitted, 


Ja: Brudenell. 
Whitehall R. Plumer 

March 27^?" 1740. R. Herbert 

M Bladen 
EdW Ashe. 

N. B. This & the Papers therein mention'd with a 
List of them, were presented to the House of Lords by 
Lord Monson, on Friday 2sth March, 1740. 

List of Papers relating to the Paper Currency & 
Value of Gold and Silver Coin in America, presented 
by the Commiss'^ for Trade & Plantations to the 
House of Lords & Commons, pursuant to their Ad- 
dresses to his Majesty of 13^'' day of June 1739. 

1. An Account of what Bills of Credit have from 
time to time been emitted in this his Majesty's Colony 
of New York, &c. 

March 27*^ 2. An Account of the Value of Money 
in New York from the Year 1700 to the Year 1739. 

3. Report from the Comm'ee of the Council of New 
Jersey concerning the Paper Currency & the Value of 
Gold and Silver Coin. 

4. An Account of Bills of Credit issued in the Prov- 
ince of Massachuset's Bay &c. 

5. Account of Province Bills made by Order of the 


Gen! Court &c. for the Massachusefs Bay in i\ew 

6. Account of the Pai)er Currency in New Hamp- 
shire in New England. 

7. Account of the sev.' Acts passed in the Province 
of Pennsylvania for creating or issuing Papers Bills 
or Bills of Credit &c=^ 

S. Account of the sev' Acts of Assemhly passed in 
tlie Governni' of the Counties of Newcastle. Kent & 
Sussex on Delaware for creating or issuing Paper 
Bills of Credit <S:c. 

March 27^-' 9. Report from two Members of the 
Council of Antigua to W" Matliew Esq'' Gov'' of the 
Leeward Islands, concerning the Value of Gold & Sil- 
ver in that Island, dated Jan'ry :2'.' 17;>0-4o 

1(». Report from the Pi'esident of the Council of S^ 
Christo]jliers, concerning the Value of Gold & Silver 
in that Island dated Dec'' 12, IT'MK 

11. Letter from M'.' Wyke, President of the Council 
of Montserrat to Gov' Mathew, concerning the State 
of the Coin in that Island, dated Decem!' 14'" 1739. 

12. Account of Paper Currency in the Province of 

lo. Letter from M' Dottiii, Com'ander in chief of 
Barbados concerning the Rates of (Told ite Silver Coins, 
& the Paper Currency in that Island. Dated Nov'.' !>'." 

14. Extract of a Letter from M' Popple Gov!" of Ber- 
muda, concerning the Rates of Gold & Silver Coins in 
those Islands, dated Dec'' 20"' 1739. 

N. B. The Return from S" Carolina was not reced 
till after these Papers were laid before the Houses of 
Parliam' & therefore was not presented till 15 & 16 
April by L'' Monson 6z M'' Plumer, 

Vide Journal of those days. 


State of the Paper Ciureticy in the British Planta- 
tions . 

[From P. R. O. B. T. Plantations General, Vol. X, N 40.] 

Abstract from the Several Accounts [of the 
Paper Currency] returned by the Gov'7 of 
the said Plantations to the Lords Commissi 
for Trade & Plantations, and by their 
Lordsps laid before both Houses of Parlia- 
ment in March and April 1740. 

New Jersey. 

We do not find that any Paper Mony was Issued in 
New Jersey, before 1709 in which Year An Act passed 
for Issuing the Sum of . . . . £3,000 

Another Act in 1711 for -• - - - - 5,000 

1716 -------- 4,670 

1723 -------- 40,000 

1730 - - - ' - - - - - 20,000 

1733 -------- 40,000 

The best Information We can obtain in regard to 
the real Value of these Bills, at or near the times of 
their being Emitted, is by a Letter from M- Morris the 
Present Gov"^ of that Province dated May yt 26"' 1739 
inclosing An Address from a Committee of the Council 
of that Province on this Subject wherein it is asserted 
that from the Year 1709, to 1714 the Exchange was 
£150 Paper Mony for £100 Sterling and rose gradually 
from 1714 to 1739 to £165 Paper Money for £100 Sterl: 
and that when the said Gov"'.'* Letter came away the 
Exchange was risen to £170 Paper Money for £100 


All the said Paper Mony Issued by the first four Acts 
of 1709, 1711, 171(5 and 1723 has been called in and 
Sunk as was directed by the said Acts and all the 
Paper Mony now Current in that Province is £<;(),()()() 
Issued pursuant to the Acts of 1730 & 1733 and is now 
worth about ----- £35,300 Sterl: 

This was laid before the Parhament 

Report of Robert Dinwiddie to the Lords of Trade — 
on the Trade of the British Empire in America. 

[From P. R. O. B. T. Plantations (ieneral, Vol. X, N -15.1 

A Computation of the Value and Trade of the 
British Empire of America; As also, An 
Account of the Number of Fighting- Men 
in each Colony or Plantation. By Rob* 
Dinwiddie Esq^ and by him presented to 
the Board April 29*.^ 'l 740 

To the Right hon'ble the Lords Commissi for 
Trade and Plantations. 

My Lords' 

I have been at a great deal of Trouble and Expence 
to inform Myself of the Trade of his ^lajesty's Ameri- 
can Empire, and the annuall amount of the National 
Produce of each Colony or Plantation: I give You the 
following Thoughts, Observations and Calculations, 
which is partly from my own knowledge and from the 
best informations I possibly could get; If it's thought 
worthy your Notice, it will fully ans'; my hopes. I 
shall therefore, to make it Somewhat regular, first. 

First— Give You an Account of the number of Ves- 
sells belonging to his Majesty's Subjects in America, 


distinguished by each respective Colony, beginning 
Avith Newfoundland and ending with Barbados. 

Secondly — An Account of the number of Vessells 
belonging to Great Britain and Ireland trading to the 
American Colonys and Plantations. 

Thirdly — An Estimate of the Value of the Vessells 
belonging to America, and those trading from Great 
Britain and Ireland thereto. 

Fourthly — An Account of the Amount of the 
naturall Produce of each Plantation by the improve- 
ment and manufacturing of the British Subjects in 
those Parts. 

Fifthly — An Estimate of the amount of Goods from 
Great Britain and Ireland annually carried to the 
Plantations in America, and to the Coast of Guinea. 

Sixthly — The amO; of Cash, Dye Woods, Druggs, 
Cacoa &c: brought into our Plantations, being the 
Consequence of a Trade with Spanish and French 
Colonys. v. 

Seventhly — The whole brought into an Account, by 
which You will be able to observe the considerable 
Value of our American Trade. 

I then shall endeavour to give an Acco!^ of the num- 
ber of Subjects in each Colony fitt to carry Arms, this 
entirely from Information, and then the Account of 
Slaves used in the Sugar Plantations, their Value and 
Value of the Works &^ necessary for Sugai- Planta- 

First — Is Account of the Vessels belonging to his 
Majestys Subjects in America distinguished by each 
Colony, beginning at Newfoundland and ending at 


Belonging to Newfoundland, - - - - 25 

The Government of New England Vessells of | 

different Denominations used in foreign Ti'ade \ ' ^^ 
Iji the Same Governmf intnely employed in ] o. 

Pishing and Coasting being Sloops & Schooners ) 


In Gonnecticutt and Rhode Island in foreign Trade 2(!0 
In Ditto used in Fishing and Coasting Sloops ) 

and Schooners - - - - - . ( ^^*' 
In New York and Jerseys, in foreign Trade and ) 

in Coasting &c: - - . . . ^- oO 

In Pensylvania and the lower Conntys - - TO 

In Maryland - - - - - - - - «;o 

In Virginia -------- 80 

In North Carolina ------- 25 

In South Carolina ------ 25 

In Bermuda - - - - - - - - 75 

In Providence and Bahama Islands - - - 2t> 

In Jamaica -------- -jo 

In Leeward a,nd Virgin Islands - - - - 35 

In Barbados -------- 20 


You'll Please to observe there is two thousand and 
thirty five Sail of Vessells of all Dimensions and 
Denomhiations. belonging to his Majesty's Subjects in 
America, which, I believe, is rather under than above 
the exact number. But must notice that upwards of 
five hundred of them are small and used in the Fishery 
and Coasting Trade" vvhich will be noticed when we 
come to the Valuation of them. 

Secondly — Here follows the Account from informa- 
tion of the Ships &c: Trading to and from America 
belonging to Great Britain and Ireland distinguished 
by the Trade they are concerned in. 


To Newfoundland with the Fisherman and those ) 
employed in carrying Fish to the difi"- Markets i 

To New England and Nova Scotia - - - 20 

To Connecticutt and Rhode Island - - - <> 

To New York and the Jerseys - - - - ^ 

To Pensylvania ------- 10 

To Maryland ------- 95 


To Virginia -------- 120 

To North Carolina 30 

To South Carolina - - 200 

To Jamaica - - ----- lOO 

To Leeward Islands - - - - - - 151 

To Barbados ...--- 80 

x\dd to the above One hund'f and fifty Sail from ) 
Great Britain and Ireland to the Coast of > 150 
Guinea, and so to the Plantations - - ) 


Thirdly — An Estimate of the Value of the Vessels 

belonging to the Subjects of America, and Those 

belonging to Great Britain and Ireland Trading to the 

diff- Colonys &c: 

1065 — Ships, Snows and Brigantines be- 1 

longing to the American Subjects ' ^ r^r,- q^q 
trading to foreign parts, valued at f 
a medm £1000 Str each is - - ) 

.970 — Sloops and Schooners of smaller Size \ 

and Burthen, valued one w\I' the [ .38^^,000 
other at £400 St-" each is - . - ) 

.900— Ships, Snows &": from Great Brit? \ 

and Ireland to and from the Plan- - 1,080,000 
tations, valued at £1,200 each - ' 

. 150 — Ditto from Great Britain and Ire- ] 

land to the Coast of Guinea and ', .^^ „ ,^ 
the Plantations, with extraordinary j '^^ ' 
Outfitts £1500 Ea: - - - I 

3,085 Sail £2 ,758,00 

Fourthly — An Estimate of the Natural and Improved 
annuall Produce of his Majesty's American Colonys 
and Plantations, distinguished into each Colony or 
Newfoundland by Fish and Oyl - - - £100,000 



New England and Nova Scotia by Fish, 
Oyl, Whalebone, Cattle, Lumber Pitch, 
TaiTjTurpintine, Building of Vessels &c: 

Connecticutt and Rhode Island, with the 
same Commoditys and Sheep, Corn, 
Bread, Flour, Cheese and Butter 

New York and the Jerseys with the same, 
and Tarr, Copper-Ore, Iron and Wheat 

Pensylvania and the Lower Countys the 
Same & Tobacco - . . . 

Maryland, in the Same - - - - 

Virginia in the Same, with Pitch, Tarr, & 
Turpintine . . . - - 

North Carolina in the Same - 

South Carolina in D? with Rice, 

Bernmda, in Plett, Live-Stock, Fish, Oyl, 
Cabbage, Onions, & Stones for building 

Bahama Islands in Salt, Timber, Plank, 
Barke, Turtle Shell, Braz: wood & Fruit 

Jamaica in Sugar, Mellasses, Rum, Cotton, 
Lime juice, Ginger, Indico, Coffee, Al- 
ices, Piemento, Turtle Shell, Mahogany 
Timber, and Plank . - . - 

Antigua in the Same Commoditys 

S^ Christophers - in Ditto 

Nevis - - in Ditto 

Mountserratt - in Ditto 

AnguiUa - - in Ditto 

Tortola - - in Ditto 

Spsh Town - in Ditto 

Barbados - - in Ditto - 

Fifthly— The amount of the Value of 
Goods Ship't from Great Britain and 
Ireland to our British Plantations and 
the Coast of Guinea is annually by Com- 
putation - 








i- 500,000 


220, oao 

.. 50,000 




Sixthly — A Calculation of the amount of 
Cash, Dye Woods, Druggs, Cocoa, &c: im- 
ported to the British Plantations, being the 
consequence of a Trade carried on to Spanish 
and French Dominions in America. That 
Trade in New England, Connecticutt and 
Rhode Island in Dye Woods from Honduras, 
Some Cash and Cacao amo': to yearly - - 100,000 
To New York (circa) . - . . 25,000 

To Bermuda ...... 10,000 

To Jamaica ------- 250,000 

To Leeward Islands (circa) - - - - 20,000 

To Barbados (circa) ------ 20,000 


It's to be observed that as this is the Produce of 
foreign Colony's, it's mentioned by itself, to Shew^ the 
amount of that private Branch of Trade, and tho' it's 
carried on with Goods from Britain and Negi'oes, 
which is before considered in the Calculate, yet it's 
conceived, that the addition of this will not over Rate 
our American Trade, 

Seventhly — The whole brought into an Account by 
which You may See the Amount of the above Ameri- 
can Trade. 

The amount of the computed \"alue of the ] 
Vessells trading in America, including I 
those belonging to the Merchants of I 2,758,000 
Great Brit" and Ireland being 30S5, j 
which amo^** to - - - - i 

The Amo' of the Natural and Improv'd j 

Produce of the British Colonys, which - :5. 745,000 
employ the above Vessells - - ' 
The amo' of Goods from Great Britain and 1 

Ireland to the Plantations and Coast of - 2, 550, 000 
Guinea annually - - . - ) 


The AmO: of a Casual Trade carried on to 
the Spanish and Frenc 
America annually (circa) 

to ] 
the Spanish and French Settlem^' in [ 425,000 


You will please to olxserve that the whole Trade to 
and in America, heionging to his Majesty's British and 
American Subjects i Hudson's Bay only exce])ted) 
amounts yearly to Nine Million four hundred and 
seventy eight thousand pounds; This includes the 
Value of the whole Navigation, the annual Supplys 
from Great Britain and Ireland, the Naturall and 
Improved Produce remitted to Europe from the Plan- 
tations and Colon3^s, as well as the Supplys given each 
other by their Traffick and Commerce from one ( 'olony 
or Plantation to the Other. 

I now come to give an Account of the number of 
fighting Men in the British Empire in America, dis- 
tinguished by each diif C^olony and Plantation, 
including his Majesty's regular Forces as well as Pala- 
tines, (lermans &c: the Calculate is taken from the 
Years of Sixteen to Sixty, by Informations given me 
from each Colony and Plantation, 
In Newfoundland - - - - - - -t<'<' 

" New England and Nova Scotia - - :-.s,o()() 
" Connecticutt and Rhode Island - - - .^,<'<>o 
" New York and the Jerseys - - 1 «»,<»()() 

" Pensylvania & the lower Countys - - r>o,()0() 
" Maryland - ----- 1<J,<'"*' 

" Virginia - - - - - - - 1l>,00(» 

" North Carolina ----- -^<'<'** 

'' South Carolina - - - - - - -••'<••• 

" Georgia ------ - 1^'*"' 

" Bermuda - - - - - - - ''^"*' 

*' New Providence - . - - - ■^•">^* 

" Jamaica ------- ^'^^^^^ 


In Antigua ------ 2,200 

" Mount Serratt ------ 600 

" Novis ------- 600 

" S' Christopher's - - - - - 1,200 

" Anguilla - 150 

" Spanish Town ------ 150 

" Tortola ------- 200 

'' Barbados - - - - - - - 4,500 


I believe there is not less than One hundred thousand 
Negroes in the Colonys on the Main of America. 

I presume it will not be disagreeable to give You a 
Small Detail of the Charges attending the Sugar 
Islands in Planting and Manufacturing their Sugars; 
as their Charge in Negro Slaves is the greatest of their 
Expense, I shall hereafter give You the Numbers from 
the exactest Accounts, and that distinguished by each 
different Plantation or Island. 

Jamaica has Negroes ----- 90,000 
Antigua ------- 28,000 

S' Christophers - 20,000 

Nevis 9,000 

Mount Serratt - - - - - - 9,000 

Virgin Islands 
(viz?) Anguilla - - 800 \ 

Spanish Town - 700^- - - - 3,000 
Tortola - - 1,500 ) Barbados - 72,000 


You'll please to observe there are two hundred and 
thirty one thousand Negro Slaves belonging and 
eniploy'd in the British Sug!" Colonys, which being 
valued at £20 St^ P head amounts to £4,620,000. The 
Value of their Sugar Works, Mills, StiUs, Worms, 
Horses, Cattle, and all other Necessarys belonging to 


a Sugar Plantation, may justly be valued at one third 
the amount of the Negro Slaves, wf at that Calcula- 
tion amounts to £1,540,000, which added together 
makes £^5, 160,000, which is the Value of the Sugar 
Plantations, abstract of the Soil. 

Upon the foregoing Observations and Calculations, 
I believe. You will think that the British Empire of 
America is of inestimable value to the Nation of Great 
Britain. Please to observe the Trade and Fishery of 
America, abstract of Hudson's Bay, employs ?),0S5Sail 
of Vessells of iifcerent Denominations and Burthen; 
allowing eight Men to navigate each Vessell, there is 
employ'd in that Trade only; !^4,6S0 Mariners, which I 
think is a fine Nursery for our Sailors. 

As for the Revenue arising from the American 
Trade, I must referr to those that are acquainted with 
the Receipts thereof. 

If the foregoing be acceptable and agreeable to You, 
it fully answers my intent; if any Errors in the Calcu- 
lations, its wholly owing to my Informations, tho' I 
have reason to think it's pretty Just; but that and the 
whole is entirely submitted to your Superior Judg- 
ment, and I always am with Gratitude and Duty 

Your Lordships Most Obedient Humble Servant 

London April 1740 RoBf Dinwiddie 

Arguments of Richard Partridge — relating to the 
Paper Currency in America. 

[From P. R. O, B. T. Plantations General Volume 11. N. 47.1 

Relating to the Eesolutions of the House of 
Commons about Paper Currency.— Argu- 
ments urg'd to Sam^ Sandys & Alex!' Hume 

Cam'bell Esq^^ 

30^'^ April 1 740. 
That the Kings Proclamation & Orders to the Sev- 


eral Governors of this [His?] British Plantations in con- 
sequence of the Addresses of the House would be very 
prejudicial & tend to putting the said Plantations into 
great confusion for the following Reasons. — 

For that should the Proclamation be Issued for 
reducing Gold & Silver Coin agreeable to the 
Proclamation of Queen Ann viz to (i-W^ p oz. for 
Silver the consequence would be (if it took effect) 
that all Comodities would unavoidably Sink in pro- 
portion thereto which would very greatly affect 
contracts for Goods already sold to the ruin of many — 
to the prejudice of the Merchants Here in Engl? as 
well as y*^ people there That people not having the 
privilidge of Coining any Money are under a necessity 
of a medium in Trade to carry on their Comerce; 
all Gold and Silver passing there as Merchandize 
are brought [bought?] up to make returns for Goods 
imported from Great Britain they being constantly in 
distress for want of a sufficient Supply of Such Com- 
modities as are suitable to send over to pay for the 
Goods that are annually sent them from hence, tte 
consequently the people there are all ways greatly in 
debt to Great Britain which makes the Ballance of 
Trade in favour of the latter and that will naturally 
drain away all the Gold and Silver from amongst them 
That should the people in y"^ planta' be prohibited from 
Issuing Paper Money (without wliich they cannot 
carry on their Commerce A: Trade) it would yet great- 
ly distress them, be the Ruin of many Familys & be a 
vast hurt to the several Governments, for if the in- 
tended proclamation & the Roal [royal?] order of prohi- 
bition take Effect the consequence would be that as all 
Landed Estates would Sink to one Fourth part of the 
value, the Paper Bills now currant would be of course 
equal to Gold & Silver — 20s in Bills would be worth 20s 
in Gold & Silv^ 

The said Bills when first Issued were Lent out on 


Land Security on the like or the following manner 
viz. to a man v^hose Estate was worth £1600 they 
lent £1200 of those Bills at 5 P'Cent Interest to he re- 
paid in 7 or 10 years time, or at a certain Period of 
time, at which time the Bills were to he called in & 
Sunk with the money so repaid in to the Goverment & 
more Issued on the same foot: but in the meantime 
out comes the proclamation & Royal Orders whereby 
the C*oin is reduced, the Estate sinks in Value from 
£1000 to £400 so that the proprietor loosses his whole 
Estate because he took up £1200 upon it, which the 
Government has the mortgage for, the mortgagor is 
therefore Ruined & the Colony looses £800, out of tlie 
£1200 they lent, & must be yet oblig'd to buy up their 
Bills at the period of time for calling them in, which 
would greatly distress them & put them as is before 
said into the utmost confusion. 

That as to the Charter Governments they have from 
the encouragement given them by their Charters 
(Pticularly Rhode Island for whom I am concern'd) 
Cultivated & Improved a Wilderness Country, & de- 
fended it at the hazard of their lives & Estates from 
the Native Indians without a Shilhng Expence to the 
Crown (tho" its well known other Colonys have cost 
this nation many Thousand ])ounds) that they have 
the privilige of making Laws among themselves for 
the good ordering of theii- Governments so as they 
are not Repugnant to the Laws of England without 
being oblig'd to transmit them home, which privilidge 
they have now enjoyed for a great number of years, & 
I hop'd that the Commons of Great Britain all ways 
tender of Liberty & Property will not now deprive 
them thereof, especially seeing they are already Crampt 
in their Foreign Trade & are of so great advantage 
to this Kingdom, by taking off annually considerable 
quantitys of its manufactures,— and then I particu- 
larly described and Set forth the nature & different 


manner of their making returns from the plantations 
to pay for those Manufactures &c" 

And that as to the rise in the Exchange I did not 
apprehend it was owing to the Emission of Bills of 
Credit as has been Suggested, for in Pensilvania New 
Jersey & New York, they have Emitted considerable 
quantitys & yet the Exchange there had not advanc'd 
40 P Cent this 20 years, but that the occasion of so 
great a difference in the Exchange between New Eng- 
land and Great Britain was from quite another Reason, 
as that they were so constantly overloaded with 
Goods from England & always largely in debt for want 
of a Supply of Eeturns sufficient to pay foi' them, 
that the Factors were so eager in buying up whatever 
Comoditys was brought to Market Suitable to be sent 
home as fast as ever they came, that they bid one 
upon another & thereby enhanced the prices one upon 
another which of course will enevitably raise the price 
of Silver & Gold & that is certainly what governs tlie 

Report to the Lords of Trade from the Committee of 
Council, tvith draft of an additional Instruction 
to the Governors of the Plantations in America. 

To the Right Hon^!'' the Lords of the Committee 
of his Majestys most Hon''/*' Privy Council. 

My Lords, 

Pursuant to your Lordships Order of the P' Instant 
We have reconsidered the Dra- of the Additional In- 
struction to the respective Governors of his Majesty's 
Colonies & Plantations in America, requiring and 
commanding them to observe his Majesty's Royal In- 


structioii which directs. That the Act of the sixth of 
the Reign of Her Majesty Queen Anne, Entituled, An 
Act for ascertaining the Rates of foreign Coins in 
her Majesty^ s Plantations in America, be punctually 
& bona fide observed and put in Execution; And also 
his Maj^^'* Royal Instruction to the respective Govern- 
ors not to give Assent to, or pass any Act, whereby 
Bills of Credit may be issued in lieu of money, without 
a Clause be inserted in such Act, declai'ing that the 
same shall not take Effect until the said Act be ap- 
proved by His Majesty; and herewith take Leave to 
lay the said Draught of an Additional Instruction be- 
fore your Lordships, as we have altered the same, 
We are, My Lords 

Your Lordships &c. &c. 
Whitehall R Plumer Monson 

July 9'" 1T40 Ar: Croft. M. Bladen 

Additional Instruction to Edward Trelawney Esq' 
Gen! and Governor in chief of his Majesty's Island of 
Jamaica, & the Territories depending thereon in 
America; Or to the Commander in Chief or the said 
Island for the time being. Given at Whitehall the 
day of 17-1:0. In the Year of his Majesty's 

Whereas an Act of Parliament was past in the 6^" 
Year of her late Majesty Queen Anne, Entituled An 
Act for ascertaining the Rates of foreign Coins in her 
Majesty's Plantations in America, which Act, the re- 
spective Governors of all the Plantations in America 
have, from time to time, been instructed to observe, 
and cai-ry into due Execution; And Whereas notwith- 
standing the same. Complaints have been made that 
the said Act has not been observed, as it ought to have 
been, in many of his Majesty's Colonies & Plantations 



in America, by means Avhereof, many indirect Prac- 
tices have grown np, & various and illegal Currencies 
have been introduced in sev.' of the said Colonies & 
Plantations, contrary to the true Intent & Meaning of 
the said Act, and to the Prejudice of the Trade of his 
Majesty's Subjects. In consequence of which Com- 
plaints, an humble Address was presented the last Ses- 
sions, by the House of Commons to his Majesty, That 
he wou'd be graciously pleased to require & command 
the respective Governors of his Colonies & Plantations 
m America effectually to obsei-ve his Majestv's Roval 
Instruction, directing them. That the Act of the "6''' 
Year of the Reign of her Majesty Queen Anne, enti- 
tled, An Act for ascertaining the Bate of foreign 
Coins m her Majestifs Plantations in America, be 
punctually & bona fide observed and put in Execution 
according to the true Intent and meaning of the said 
Act. It is therefore His Majesty's Royal Will & Pleas- 
ure, And you are hei'eby strictly required and com- 
manded, under Pain of his Majesty's highest Displeas- 
ure, and of being removed from your Government to 
take the most effectual Care for the future, that the 
said Act be punctually and bona fide observed and put 
m Execution, according to the true intent and Mean- 
ing thereof. 

And to the end that his Majesty's Commands here- 
in may be fully made known to all his Subjects with- 
in your Government; and that none of them may pre- 
tend Ignorance thereof, you are hereby further re 
quired and commanded to publish this Instruction in 
such Manner as may best answer his Majesty's gra- 
cious Intentions herein signified. 

xlnd whereas, for preventing the many & great In- 
conveniences that had arisen in some of his Majesty's 
Colonies & Plantations in America, by passing 'Laws 
for Striking Bills of Credit, & issuing out the same, in 
hen of money, the respective Governors & Command- 


ers in chief of his Majesty's Colonies and Plantations 
for the time being, have been particularly instructed 
not to give their Assent to or pass any such laws for 
the future, '^, without a Clause be inserted in such Act, 
declaring that the same shall not take Effect, until the 
said Act shall have been approved and confirm'd by 
his Majesty'^ his Heirs or^ Successors: And whereas 
notwithstanding such his Majesty's Commanders [?| to 
the said Governors in that behalf. Paper Bills of Credit 
have been created & issued in his Majesty's said Colo- 
nies & Plantations by Virtue of Acts of Assembly 
there, making it obligatory on all Persons to take such 
Bills of Credit, in payment for Debts, Dues & De- 
mands, whereby the good Intention of the aforemen- 
tion'd Act of the (V." of her late Maj^.^ Queen Anne, for 
ascertaining the rates of foreign Coins in her Majesty's 
Plantations in America, has been frustrated, and a 
great Discouragement has been bro* on the Com'erce 
of this Kingdom by occasioning a Confusion in Deal- 
ings and a lessening of Credit in those Parts: And 
whereas an humble Address was presented, the last 
Session, by the House of Commons, to his Majesry, 
That he would be graciously pleased to require & com- 
mand the respective Governors of his Colonies & 
Plantations in America, punctually^ & effectually to 
observe his MajV^ Royal Instructions not to give As- 
sent to or to pass any Act, whereby Bills of Credit 
may be issued in lieu of money, without a Clause be 
inserted in such Act, declaring that' the same>hall be 
approved l:)y his Majesty: 

It is therefore his Majesty's Will & Pleasure, & you 
are hereby also further required & comanded under 
pain of his Majesty's highest displeasure and of being 
removed, from your Governm' punctually & effectually 
to observe his Majesty's Royal Instruction not to give 
Assent to or pass anyl'Act, whereby Bills of Credit may 
be issued in lieu of money without a Clause be inserted 


in such Act, declaring that the same shall not take 
Effect, until tlie said Act shall be approved by his Maj- 
esty, his Heirs or Successors. 

[N. B. A like Instruction (mutatis mutandis) was 
prepared for the Governors of the other colonies and 
West India islands.] 

Letter from Mr. Carkesse, Secretary to the Commis- 
sioners of the Customs — relative to a Glass House 
erected in New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. IV, F. 37. ] 

To Thomas Hill Esqf Secretary to the Lords 
Coniis';^ for Trade & Plantations. 

Sir, • 

M '• WiUiam Frasor Collector of the Customs at Salem 
in West Jersey having informed the Commissioners, 
that there has lately been Erected a Glass work within 
Eight miles of that Port by one Casper Wester' a 
Palatine, and is brought to perfection so as to make 
Glass: I am directed to give you an Account thereof 
for the Information of the Lords of Trade. 
I am Sir 

Your most humble Serv* 
» Cha Carkesse. 

Custom h° London 
31: July 1740. 

' Caspar Wistar was father of the Professor of Anatomy, Phy.siLiau and Author, 
who subsequently became distinguished iu Philadelphia.— Ed. 


Letter from Governor Leivls Morris to flie Dn/\:e of 
Newcastle — about tJie raising of iroops in New 

I From P. R. O. America and West Indies, Vol XII, p. 239.1 

On his Majesties Ser^ace To his Grace the Duke 
of Newcastle his Majesties principall Secre- 
tary of State at White Hall These 

Burlington 31'.* August 1740 

May it Please your Grace. 

The short notice I have had of this Conveyance (and 
w*^.'' its doubted whether I shall reach) give me only 
time to inform your Grrace that we have raised in this 
Province three companies of one hundred men each 
which have been compleated for some time. Had 
Commissions come for Officers as was expected from 
Your Graces letter and his Majesties Instructions I 
could easily have rais'd two more: but no more commis- 
sions being sent than for two companies prov'd a great 
discouragement, and rendered it difficult to raise more 
at this time that I have done. 

I have got also from the Assembly £2000 for to hire 
transports and purchase provisions but of this I shall 
be more full when I transmit their Acts and proceed- 
ings. They have Appointed Managers and as I am 
told by them the provisions are purchased and trans- 
ports hyred for their transportation & I am in hopes 
we shall be ready to send them from hence about the 
20''.*' of September. I am 

My Lord Your Graces most humble 

and Obedient Servant' 

Lewis Morris 

' See " Papei-s of Gov. Morris," p. 107. 


Letter from Governor Morris to the Duke of New- 
castle — iqjon New Jersei/ affairs. 

[From P. R. O. America and West Indies Vol. 12, p. 230.] 

Burlington October 18*^' 1740. 

May it Please your Grace 

I receiv'd your graces of the 5"' of Jan'ry 1Y39-40 on 
the lo"' of April following via Virginia, and on the 24"' 
of June via New York a Second of April y'' 5"' with 
his Majesties Instructions concerning the Intended 
expedition again'' the Spaniards in the West Indies. 
Your Graces first letter came to hand upon the first 
meeting of our assembly, and I recommended the affan- 
to them as your Grace will see at the end of my 
Speech made to them at their meeting; whi"'' comes 
inclosed, and I afterwards published (pursuant to your 
Graces direction) the inclosed proclamation, and upon 
receipt of your Graces second letter with his Majesties 
Instructions (the Assembly being then sitting) I com- 
municated to them what his Majestic required of them, 
and earnestly press'd them to comply with his Majesties 
8"' Instruction; as your Grace will see by my Speech 
to them on y' head. 

They could not handsomely directly deny what was 
in so strong terms required of them, but was far fi'om 
having any inclination to do it; and would fain have 
shuffled it off, under pretence of waiting to see what 
their neighbours of Pensilvania, and New York would 
do; and accordingly sent me a message desiring leave 
to Adjourne for a fortnight. — I too weU gues'd what 
was to be expected from the Assembly es of either of 
these provinces (as they then stood) to comply with 
their requests in this case; which plainly appeared to 
me to be made with intent to evade the doing what his 


Majestie required of them; and believ'd that if I ])er- 
niitted them to Adjourne, and discover the inchnations 
of their neighbours in York and Pensilvania, y Conse- 
quen*"" would be either that nothing would be done, or 
much less than would be procured at a time when they 
could not well know the Sentiments of those people; 
and therefore wrote the inclosed letter in answer to 
their message; and kept them together. 

They then entred upon it, and sent up a bill for the 
raising of two thousand pounds for transporting tro<)i)S 
&c w''.'' comes inclosxl with the others. Tliis bill 
instead of raising any money, only applied money al- 
ready rais'd, and apply'd for the Support of Govern- 
ment by other acts. 

They omitted making provision for other necessaries 
as required by the 8^'' Instruction, and made their 
Managers only Accountable to y' assembly; and (in 
the opinion of the Councill) the whole bill was Very 
confus'd and scarce intelligible; so that a confei-ance 
was desired with them upon it, which with much ado 
Wcxs Obtain'd; but without Effect; the assembly being 
predetermined not to admit of any alteration to what 
they were pleasYl to call a money bill; and it was sup- 
pos'd that tlie true reason of drawing of it in the man- 
ner it was done was to defeat the doing of the thing 
required of them; because they conciev'd neither the 
councill, or I, could, or would assent to it in the man- 
ner drawn, however, the councill (for reasons that will 
appeare to your grace in their minutes) chose to assent 
to it rather than lose y*^ bill. I had talkVl with severall 
of them, who seem'd to agree that the amendments 
proposed were reasonable, & I had still hopes y' they 
might be prevailed upon to come into other measures; 
& therefore (after the councill had agreed to the bill) 
I adjournd for about a fortnight to get in their harvest 
thinking that might gain upon them and on their 
meeting Spoke to them as your Grace will see by the 


inclosed; but without Effect: for they would not de- 
part from the bill they had drawn nor come into 
the making a Law against mutiny and desertion 
which in his Majesties name I recomended to them, 
finding all the methods in my power ineffectuall to get 
a bill of a better forme, I consented to it as they and 
the councill had pass'd it; at the same time declaring 
against its being brought in future times for a 
precedent, as your Grace will see by my Speech at the 
prorogation of them. 

I have raised three companies, and could easily 
have raised five had a number of blank commissions 
been sent, as was expected from, your Graces letter 
and his Majesties instructions; but there coming no 
more than two for this Province rendred the raising 
more than three companies impracticable at that time. 

These companies are all (but about eighteen or 
twenty men) raised in the Eastern division of new 
Jersie, and I am told not above three servants amongst 
them and those no long time to serve. 

Your Grace will see by what comes with this the 
difficulties I have had to prevaile upon our assembly to 
come into the doing of any thing with respect to the 
transporting the forces rais'd here and finding them 
provisions, which they left no craft they were masters 
of unessay'd to avoid; and I was under a necessity of 
assenting to their bill against my own inclinations 
rather than lose the use of £2000 for that purpose, 
which cost them not one groat; but, was part of what 
was Appropriated to y' Support of his Majesties gov- 
ernment: But it being for his Majesties service as 
things were then circumstanced, I humbly hope his 
Majestie will be graciously pleas'd to approve of my 
conduct in that case. 

I have at last sent these companies off, one under 
the Command of Capt" george Thomas & his Officers, 
another undr the command of Cap' James Hooper and 


his Officers, to whom I gave the two commissions sent 
me by Coll" Blakeney, the third under the command 
of Capt" Robert Farmer and his Officers, to whom I 
gave by Coll" Blakenys direction Certificates that they 
might recieve commissions from Lord Cathcart at the 
place of Rendezvous in the West Indies. Hoopers with 
part of Thomas's company sailed from Sandy hook 
with Coir Blakeney on the twelth past, Thomas and 
Farmer with the rest Sayled from hence on the l-l"' in 
Order to Joyn them at the Capes of Virginia; that be- 
ing the place they were directed to be sent by Coll° 

The £2000 appointed here to transport these forces 
was not sufficient for the purpose intended, and ren- 
dred it veiy difficult to be done; the people here (from 
some conduct of those concerii'd in the time of Queen 
Anne relating to the Canada expedition some of the 
bills drawn then remaining (as is said) long unpay'd 
(if as yet paid) or for what other reasons I know not) 
are very diffident of Government bills, or pretend to 
be so; and wdiat adds to the difficulty, is the Scarcity 
of Currency viz paper bills, w"'' here are hardly suffi- 
cient for Ordinary concernes; for. Such of them as the 
induMrions husband men reciere for their grain and 
other produce, is generally hoarded in Order to make 
pnrchases of Land for their children, iv''" lesseiis the 
cnrrency; But, were they all currant and would serve 
for Ordinary Occasions, yet such quantities of them as 
would be necessary on such an extraordinary Ocasion 
as this are not in the hands of Merchants here & can- 
not be procured in York, or Pensilvania but with much 
difficulty; how^ever, with much ado I have got it done, 
on the promise of drawing for what the charge 
amounted to more than the £:^000; but, how much 
more it has ammounted to I do not know, the accounts 
being not Sent in . 

One third of the western diversion [divisional (which 


lyes upon the Delaware) being of the people call'd Qua- 
kers makes it more difficult to raise men in that part 
thanm the Eastern where their numbers are inconsid- 
erable'; and they cannot consistant with their Princi- 
ples encourage any thing that relates to War, even a 
defensive one; which will render Pensilvania, and this 
part of this Province an Easy Prey to an Enemy, & of 
dangerous consequence, if some measures be not fallen 
upon to prevent it; which it wiU be impracticable to 
do by any mihtia, or other Act here or in Pensilvania 
where those People are admitted to have a share in 
Legislation. They are generaUy a laborious, honest 
& Industrious people, but want not their share of 
craft; and are unaccountable Obstinate and tenacious- 
w^ Joynd with their principle of non resistance 
whether reall or feignd, and their refusing to take or 
administer an oath being inconsistant with Magistracy 
renders them not so fit as they otherwise would be to 
b: admitted into assemblyes and offices of Govern 
ment; and in case of having a militia very difficult to 
be governed. 

About thirty yeares since there was a mihtia act in 
torce here something better calculated for the purpose 
than that now in use which those calPd Quakers 
would by no meanes (on pretence of conscience) Obey 
and while they were unmolested & not distraind on- 
laugh d at those who did; this made others murmur 
who were oblig'd to trayne and muster, and encour- 
aged their refusing to do so; they clayming as much 
ngiic to an exemption from trayning as the Quakers. 
Ihis being JudgW at that time inconvenient the Offi 
cers were Ordered to make distresses pursuant to the 
Act; and (not being Quakers) j^erhaps put it in execu- 
tion with more vigour than they should have done 
1 hi&^was call d persecution for conscience Sake, and 
the Quakers grew fond of what they calFd suffering 
and gloried m the doing so, calling it a suffring for 


the Lords sake; Stores were filled with distrain'd 
goods, such as hats, shoes, coats, breeches, ' saddles 
bridles &c, but no body would buy them when offred 
to sale; and the govern ours residing most of their time 
in New York, the reines of Government were held 
with so slack an hand that trayning has been in A 
manner disus'd, there having been none ever us'd in 

The Officers that were here are most of them "dead 
and its difficult to get others to supply their places in 
a part of the country where millitary offices will be 
troublesome to those that have them, and their quaker 
neighbours disgusted at the Officers for being such, 
unless they leave quakers intirely unmolested & the 
Act uncomply'd with in their case. 

This is the state of defence of the western division 
of new Jersie which lyes open upon the Navigable 
river Delaware for about 15() miles and between 70 
and 80 upon the Sea coast. 

In the Eastern Division of this Province the case is 
somewhat better, they have trayn'd much Oftner, the' 
but seldom, there are five regiments there of Millitia, 
& I am in hopes to get two or three troops of horse; 
and in some time to get them into some better Order 
than they have been for many yeares: but, they have 
been so long and so much neglected, the militia Act so 
deficient and Amies so much wanted, that it will 
require time to do it 

Your Grace will see by the minutes of councill here- 
with sent that I have Suspended three of the councill 
by the advice and consent of that board; two of them 
were discharged at their own desire; and one of them 
for not Attending I had before that discharg'd another 
viz John Schuyler at his own desire. 

This Schuyler is part owner with his two brothers 
of the famous Jersy Coppermine, and is Intrusted with 
the management of it, ]ie had often earnestly pressed 


me to be discharg'd, protesting he could not attend the 
councill without the greatest prejudice to his private 
affairs, which indeed I beheve was true, but I was loth 
to discharge him, because he was a man of good sence 
and great interest in his neighborhood and withall 
firmly in the interest of the present Government; 
however, his attendance at the distance from his habi- 
tation at the places that I am to hold councills And 
assemblyes in being of so great hurt to his private 
affaires I at last consented to dismiss him. Your 
G-race may observe by the minutes that I had but once 
Seaven councellors together, and that three times I 
had Six; but besides these times could never get above 
five of them together — Sometimes four, but offner 
onely three. John Wills one of those who desired to 
be dismissed is an Old Quaker of above four score and 
goes double he Dwells about Six miles from this, and 
would not attend the councill becaused they had hyred 
a room to sit in about twenty rod farther from his 
lodging than he would have had it, and finding they 
persisted in using the room they had hyred, came to 
take his leave of me & told me he was no longer able 
by reason of his Age and infirmities to attend the 
councill & I willingly consented to his departure. V^an 
Home declin'd comming as much as he could, but 
finding the councill insisted on his presence and had 
sent an Officer to bring him, desired to be dismissed 
w*"" i granted. Provoost the third suspended would 
not attend tho an officer was sent for him; & indeed 
liad all attended that are dismiss'd none of them but 
Schuler would have been of much use to me or the 

Your Grace may see that I have been by the non 
attendance of the members under a necessity of acting 
with a very thin tbuncill which is inconvenient and a 
meanes of bringing that part of the Legislature into 
contempt, which the conduct of these dismiss'd had 


fchey not been suspended would not have a little con- 
tributed to, they being very unequall to the charge 
they had undertaken; but had they been as well quali- 
fied for these stations as men could be, yet the distance 
of their habitations from each other and from Amboy 
or Burlington where (by the present constitution) I am 
to hold assemblyes, makes their attendance very 
inconvenient to themselves; and that, with their not 
having any allowance but when the assembly Sits, 
and then a very Small one, are the causes that I can- 
not easily get a councill together when there is Occa- 
sion for them. To make it easy to them I condesended 
to have quarterly meetings with them unless matters 
of great moment required their attendance sooner; but 
notwithstanding this they have not attended. 

The councill by these Suspentions were reduced to 
Six inhabitants of Jersey, and one (viz James AUex- 
ander ) of New York, who being building there has not 
attended (I think once) but upon his own busines 
either the late or former Sessions of the assembly; so 
that pursuant to his Majesties Instructions I named 
one viz Peter Baynton of this place to make up Sea v en 
residents in this Province. He is A man of Superior 
Sence to most here has a good estate, is a considerable 
trader hereabouts and is heartily well affected to the 
present Govern ment. He was by tlie Assembly named 
a trustee for the hyriug ships and buying provisions 
for transporting the troops raised here, and the Only 
one that was not a member of their house, which I 
question if they would have done, had they in the 
least suspected that I would have Appointed him to 
have filled up the deficiency of the councill; and to 
this M"" Baynton it is chiefly if not solely owing, that I 
have been able to send these troops off, he having 
advanced much on that score; the other trustees 
appointed by the Assembly acting (either by chance 


oi- designe) as if they meant to retard, if not defeat) 
the Enterprise. || 

The holding of Assemhlys alternately at Amboy, i 
and Burlington, & keeping two Secretarys offices, , 
proves very inconvenient both to the officers of the^ 
Government, and the People; the assembly Acknowl- ] 
edge it to be so, tho' they will not Agree upon the one | 
place to fix the seat of Government in, but have left ] 
the nomination of that to me; which I have hitherto J 
declined doing. i 

Perth Amboy named from the Earle of Perth wlio | 
folio w'd the fortunes of the late King James, is a poor | 
inconsiderable place; and there is little i)robability of ^ 
its being much better. The Town or City of Burling- 
ton, whose inhabitants are mostly quakers far exceeds ; 
the other; but was neare as large twenty years since j 
as now, and there is little likelyhood of its gi'owing | 
much larger. , ji 

They are both Inconsiderable jolaces and like to re- 
main so; neither of them fit for the seat of Govern- ■ 
ment, nor so conveniently Scituated for that i:>urpose 
as some others. f 

It would be a great convenience to the People in 
generall, and to the Governours and Secretaries for the 
time being, and officers of the government, to have it 
fixed to Some one place; and therefore I humbl}^ hope 
his Majesties will be graciously pleas'd to permit the 
doing of it, notwithstanding the Instruction of hold- 
ing of the Assemblyes alternatively at Amboy and 
Burlington, which tho' they were the most convenient 
places fourty yeares Since, when the Surrender of 
this Government to the Crown was transacted, are by 
no meanes so at this day, or likely ever to be so; nor 
is the Scituation of the Landed Interest of those who 
made that surrender, and which induced them to pro- 
pose the alternate Sittings in those two places, the 
same now as then, but quite different; and the reasons 
for their doing so not subsisting at this time. 


The order of the councell as they now stand, and 
their numbers in each Division arc as follows, viz 

their Rank for the Eastern Eank for the Western 

Division. Division. 

1 John Hamilton 2 John Reading 

3 James AUexander, who ?> W.\ John Rodman / 

resides at New York. 5 Richard Smith i 

6 Robeit Hunter Morris 

7 Fenwick Lyell 8 Peter Baynton appoint- 

ed by me and makes the 
7"' Residing Councelk 

As the Councell Stood in his Majesties Instructions 
to me, there was Eight of the Eastern, and but four of 
the western division, at which those of the western di- 
vision seem'd to express some dissatisfaction; but, by 
the death of W- Hooper, and the dismission of the 
others, if his Majestic approves of it, and of the nomi- 
nation of M' Baynton they are now equall, or i-ather 
superior; M' AUexander rarely (as yet) attending. — If 
they stand as they do, there will still two be wanting 
in each division to make up the Number of twelve in 
the whole. — In the western Division there are not so 
many fit for that Station who dwell conveniently to 
be got together (that are not quakers) as in the East- 
ern ; and it being difficult (even as they now Stand to 
get a council 1 to meet, I humbly recommend Archi- 
bald Home the Deputy Secretary for one of them ; his 
Office as clerk of the councill obliging him to A Con- 
tant attendance, and will render the having a full 
councill more practicable than it has hitherto been; 
but, how -far your Grace will think it fit, that he 
iShould rise in rank, in case of death, de] arture, or 
Suspention of other (he not desiring or expecting it) is 

The other I presume to recomend for this western 


division is John Allen the jDresent Treasure!' of it. I 
well know the man he has the character of a very hon- 
est man. 

As to the Eastern division, the generall proprietors 
of the Soyle Seem to expect a Share with others in the 
Administration and its said some of them are some- 
wiiat uneasy on that score, to take off any uneasyness 
of that kind I recomend Kichard Ashfield who ownes 
A whole proprietie or 24^" part of the Eastern Division 
& something more. I take him to be an honest man 
and very firm in the Interest of the present Govern- 
ment; as indeed are all I recommend The other Vacancy 
in the Eastern Division I recommend to be fill'd by 
Edward Antill; he is a man of good Estate & Sence, 
and if admitted to that board, I hope and believe will 
prove an usefuU and deserving member of it. But this 
and every thing Else Propos'd by me is most humbly 
submitted by My Lord 

Your Graces Most Obedient and 
most humble Servant 

Lewis Morris. 

[The Collections of the New Jersey Historical So- 
ciety, Vol. IV, published 18.52, contains all the cor- 
respondence of Governor Morris, preserved in tlie 
library of the Society; it will be found, therefore, that 
it has been deemed unnecessary, with very few excep- 
tions, to reproduce in this series the documents con- 
tained in that volume; as a reference to them there, 
att,ended, as they are, by much explanatory matter, 
will be of greater service than the documents alone 
would be if reprinted here. — Ed.] 


Commum'cation from Captaiu ThoniUnson to Secre- 
tary lltomas Hill—iiiclofiiit(j Schemes for. put- 
tiiig the paper money in America on a better 

I From P. R. O. B. T.. Plantations General. No. 11. N. -I!).] 

To Thomas Hill Esq'" at Whitehall 


Since I had the Honour of Waiting on the Lords 
Commiss'' for Trade & Plantations on the afifair of 
Paper Money in America, I have turn'd my thoughts 
that way, And indeed I think it is a most dificult affair, 
and of no less consequence to the plantations and all 
of us that are concern 'd with them, Therefore I have 
inclosed you the outlines of a Scheme, that may very 
easily be carried into execution, and for anything I 
can yet See, If it is duely Executed may ])roduce a 
general good. 

If their Lordships think it worthy of Consideration 
and any thing therein Should want to be explain'd, I 
^vill upon the least notice wait upon their Lordships, 
and am with great Truth. 

Sir Your most obed' humb' Ser'' 
Great Trinity Lane John Thomlinson 

29^1' Oct'- ITJrO. 

For want of a Staple in our Northern American 
Colonys, it is Impossible for Silver or Clold to continue 
to be a Medium, Therefore Somthing else must be 
Substituted in it's Stead. 

And I humbly apprehend what in such case is now 
to be done is. 

First, To caU in all the outstanding Bills of Credit 


in those Colonys, at the appointed time, in the easiest 
and best manner. 

Secondly, To proportion a Sum for the Currency of 
each Colony, Sufficient to Carry on the Trade and 
Business of the Said Colony. 

Thirdly, To put that Medium upon Such a founda- 
tion that it's value shall not alter, but Shall continue to 
hold the Same proportion to Sterling Silver so long as 
it shall be allowed to pass. 

Fourthly, To reduce or bring the Currency as near 
Proclamation Money as possible, and in the easiest & 
Best Manner. 

—Now the Method I would propose for doeing all 
This, is as follows 

I would Suppose a Colony whose Taxes amounts to 
about £3000 p'' An™ Bills of credit at the present rate 
of 28s per ounce Sterling Silver, and the Sum of £67275 
of the Same Bills of credit would be a Currency Suffi- 
cient to carry on the Trade & Business of the Said 

1^^ That £67276 in Bills of Credit, at the rate of 28s 
j/oz Ster'-^ Silver Should be Struck off, from Bills of Is 
to Bills of £5 (as usual) to be a currency for Twelve 
Years, and no longer; — And That £24000 of Said BiUs 
of Credit Shall be emed'ately Signd, and lent out upon 
good Land Security, not more than £1000 to aii}^ one 
person, or less then £100. and at the rate of 5 p''Cent 
p"" annum Intrest, The principal to be paid inn at four 
equal payments, Viz*^ J part at the end of Three years, 
I part at the end of Six years, i part at the end of 
nine years, and the remaining ^ at the end of Twelve 
years, And no other Bills of credit whatsoever Shall 
be taken or received for Taxes, intrest or principal, 
but Bills of credit of this Tennor, or Silver coin after 
the rate of 28s p"" Oz. 

2'' And on all payments of Taxes intrest or princi- 
pal pun[c]tually made in these Bills of credit, An allow- 


ance Shall be made to the persons making Such pay- 
ments of 2i \y cent discount. But upon all payments 
made in Silver at 28s p' oz no discount Shall be made. 

3^^ And besides £24000 lent upon good Land Security, 
all other Bills of Credit outstanding in the said prov- 
ince, Shall be brought inn in Six Months time and ex- 
changed for Bills of credit of this New Tennor, or 
Shall be lost to the Possessor. And the remainder of 
the s" £6Y275 Shall remain in the Treasury, to be signd 
and issued out as the Necessitys of the Province Shall 

•i. A.nd at the end of Six Years after the first Em- 
mission of the aforesaid £67275 Bills of Credit, at 
which time more then half the Said Sum will be 
brought in and sunk, by the Taxes Intrest & principal 
being duely paid, (as by the Annexed Scheme) There- 
fore, that the Said Province may Still be Supplyd with 
a Sufficient Medium to carry on the Trade of y' said 
Province, I would propose that the Sum of £24862. 10 
Bills of Credit, at the rate of 14s p"" ounce Sterling Sil- 
ver be struck off, And that £12000 of said Bills of 
Credit be emeadiatly Sign'd, and lent upon good Land 
Security, not more to any one person then £500 or less 
then £50 and at the rate of 5 p'' cent p' annum and this 
second Emmission to pass and Opperate for Twelve 
years, and no longer, in the same manner as the 

5 And after the Expiration of the Twelve years for 
which the first Bills of Credit at 28s p' ounce were em- 
mitted, If any of y"^ Said Bills Should be then out- 
standing, the Bearer or Bearers of Such Bills shall 
have Six Months, and no longer. Allowed to bring 
them into the Treasury, & have them exchanged for 
half the nominal Sum of Bills of credit of the Second 

6. And at the end of the Same Twelve years, when 
all the Bills of Credit of the first Emmission Shall be 


Brought in and Sunk, and allso near half of the Sec- 
ond Emmission will be Brought in and Sunk, There- 
fore that y*" Colony may Again be Supplyd with a 
Currency, Sufficient for The Trade Thereof, I would 
propose £12431. 5. Bills of Credit, at y^ Rate of 7s 
p' ounce Sterling Silver Should be Struck off, and 
£6000, of said Bills be emeadiatly Sign'd and lent up 
on good Land Security and this Third Emmission to 
pass and opperate for Twelve Years and no longer in 
the same manner as the Two former, 

7 And thus the Currency will be Brought as near 
proclamation Money as possible. And as I conceive in 
the easiest and Best manner, & by a due Execution 
hereof, Everything at first proposed will be effected in 
Eighteen Years. 

S And then to prosecute this Scheme further, even 
for ever, a new Emmission of Bills of Credit at the 
pate of Ts p"" oz Sterling Silver every Six years, To be 
Brought in and Sunk in Twelve Years, as in the An- 
nexed Schemes will prove effectual, 

9 And this Scheme may Serve any other Colony by 
proportioning the Sums to the Taxes and Currency of 
Such respective Colony. 

The Form of Such Bill of Credit 

Five pounds &c &c at 28s p'oz Sterling Silver £5. 0, 0. 

This indented Bill of Five Pounds due to the Posses- 
sor Thereof from the Province of sliall be in 
value equal to Silver of Sterling alloy at Twenty eight 
Shillings p' ounce, and Shall According!}- be Accepted 
by the Treasurer and Receivers under him, in All pub- 
lick payments, from And after the day of 
which will be in the Year of Our Lord 1741 to the 
day of which shaU be in the Year of our Loi-d 1753 
and no ^longer 

By order of } 

I Commmittee for Signing 

N. B. There will a saving or proffit arise to the 


Province, by these Schemes, Sufficient to defray the 
Charge of printing those Bills of Credit and the other 
charge of Executing this affair. 

By the first Einraission a proffit of £7275 at 28s p'r oz Silver 

By the Second Emmission D" of 38G2. 10 at 14s p'' oz. 

By tho Third Emraission D" of 1931. 5s at 7s p'" oz 

A Scheme for an emission of £67,275 Bills of credit 
at the rate of 28s p' oz Sterling Silver to be a Currency 
for 12 years and no longer, all to be brought in and 
Sunk in following Manner. 

First 3 years Taxes at SOOOl p'r annum £9,000 

First years intrest on £31000 at 5 p'r Cent 3000 

First J4 principal paid at 3 years end 6000 

If paid in Silver at 2Ss p'r oz no discount allow'd 18,600 

If paid Lq Bills of credit 2}4 discount allow'd 405 

Second 3 years Taxes at S030 1 p'r Ann'm. 
Second 3 years intrest 180C0 1 at 5 p"r C't. . . 
Second J4 principal paid atC years end... 


If paid in Silver at 20 s p'r oz no discount allow'd... 
If paid in Bills of credit 2i^ discount allow'd 

Third 3 years Taxes at 30001 p'r An'm £0000 

Third 3 years Intrest on £ 1300 J at 5 p'r C't 1800 

Third 34 principal paid at 9 years end 6000 

If paid in Silver at 28s p'r oz no discoimt allow'd... 16800 
If paid in Bills of Credit 2}4 p'r Cent discount 430 

Fourth 3 years Taxes at 33001 p'r An'm 9000 

Fourth 3 years Intrest on £0000 at 5 p'r C't 000 C 

Fourth ^4 principal paid at 12 years end GOOO 

If paid in Silver at 28s p'r oz no disc't allow'd 15900 

If paid in Bills of credit 314 p'r Cent disc'taUow'd... 397 

Sunk £18,135. 0. 

17,357 10. 

1G380. 0. 


£67,275. 0. 

A Second Scheme for an Emission of £24,862. 10. 
Bills of credit at y' Rate of 143 p' oz Sterling Silver, to 
be emitted Six years after the former, and to be a Curr- 
rency for 12 years and no longer, All to be brought in 
& Sunk in the following Manner 

IstSy'rsInfston £13000 £1800 

1st J4 principal -. 3000 


2K^ Discount -.. - - 120 

4G80. 0. 


2d3y'rslnt'ston£9000 £1350 

2d M principal - ^000 


2^3 Discount - - ^"^ " % 4241. 5. 

3d 3 y'rs Taxes at £1500 - ^4500 

3d 3 y'rs Int'st on £6000 -- 900 

SdM principal 3000 

i^discount -- — ..-_^_0_0 ^^^^ ^ ^ 

4tli 3 y'rs Taxes £1500 4500 

4tli 3 y'rs int'st on £3000 4C0 

Last J4 principal - - - 3000 


21^ p'r C't Discount ^^^ 15 ^^^^ ^ ^ 

£24862. 10. 

A Third Scheme for an emission of £12431. 5. 
Bills of Credit at the rate of Seven Shillings p^ ounce 
Ster^ Silver, to be emitted Twelve years after the first 
& Six years after the Second And to be a Currency 
for 12 years and no longer, All to be brought in and 
Sunk in the following Manner. 

1st 3 y'rs Intr'st on £6000 £900 

1st 14 principal ^500 


2J^ p'r C't discount 60 

2d 3 y'rs int'st on £4500 675 

2d 14 principal - - ^500 

2340. 0. 


214 p'r C't Discount...- 54 7 7 

3d 3 y'rs Taxes a £7.50 -■■ 2250 

3d 3 "y'rs int'st on £3000 450 

3d 14 principal ^500 


21^ p'r C't discount - ^05 

4th 3 y'rs Taxes at £750 2250 

4th3y-rsintrest £1500 225 

Last 14 principal ^500 


2]^ p'r C't discount 90 1 6 ^^^ ^^ ^ 

£12431. 5 

2120.12. 6 

4095. 0. 


Proclamation of Gov'' Morris relating to the Currency 
of Foreign Coins in His Majesty\^ Plantations in 
America. Dated ?>'} Jan'y 1740-1. 

[From P. R. O. B. T. New Jersey. Vol. IV, F AA. \ 

By His Excellency. 
Captain General and Governor in Chief in and 
over His Majesty's Province of New Jersey, 
and the Territories thereon depending in 
America, and Vice Admiral in the same, 


Whereas for remedying the Incoiiveaiences which 
had arisen from the different Eates at which the same 
Species of Foreign Silver Coins had passed in the sev- 
eral English Plantations in Anierica, Her late most 
Excellent Majesty Qaeen Anne thought fit by her 
Royal Proclamation bearing date the Eighteenth day 
of June 1 704. and in the third Year of Her Reign to 
settle and ascertain the Currency of Foreign Coins in 
Her said Colonies and Plantations in the Manners and 
Words following. Viz. 

"We having under our Consideration the different 
"Rates at which the same Species of foreign Coins 
" do pass in our several Colonies and Plantations in 
"Ameiica. and the Inconveniences the^^reof. by the 
"indirect Practice of drawing the Money from one 
"Plantation to another, to the great Prejudice of the 
" Trade of Our Subjects: And being sensil)l(\ that the 
" same cannot be otherwise Remedied, than by reduc- 
"ingof all Foreign Coins to the same Current Rate 
" within all Our Dominions in America; and the prin- 


cipal Officers of Our Mint, having laid before Us a 
Table of the Value of the several Foreign Coins, 
which usually pass in Payments in Our said Planta- 
tions according to their Weight, and the Assays 
made of them in Our Mint, thereby shewing the just 
Proportion which each Coin ought to have to the 
other, which is as follows, Viz. Sevil Pieces of Eight, 
old plate. Seventeen Penny Weight Twelve Grains, 
Four ShilHngs and Six Pence. Sevil pieces of Eight, 
new Plate, Fourteen penny Weight, three ShilHngs, 
seven Pence one Farthing. Mexico Pieces of Eight, 
Seventeen penny Weight Twelve Grains, four • Shil- 
lings and six Pence. Pillar Pieces of Eight, Seven- 
teen penny Weight Twelve Grains, four Shillings 
and six pence three Farthings. Peru pieces of Eight, 
old Plate, Seventeen Penny Weight Twelve Grains, 
four Shillings and five Pence, or there abouts. Cross 
Dollars, Eighteen Penny Weight, four Shillings, and 
four pence three Farthings, Ducatoons, of Flanders, 
Twenty penny Weight and Twenty one Grains, five 
Shillings and six pence. Ecu's of France, or Silver 
Lewis, Seventeen Penny Weight Twelve Grains, four 
Shillings and Six pence. Crusadoes, of Portugal, 
Eleven Penny Weight four Grains, two Shillings 
and ten Pence one Farthing. Three Gilder Pieces of 
Holland, Twenty penny Weight and seven Grains, 
five Shillings and two Pence one Farthing. Old Rix 
Dollars of the Empire. Eighteen Penny Weight and 
Ten Grains, four Shillings and six pence. The 
Halts, Quarters, and other parts in proportion to 
their Denominations, and light pieces in proportion 
to their Weight: We have therefore thought fit for 
Remedying the said Inconveniences, by the Advice 
of Our Council, to publish and declare, that from and 
after the first Day of January next ensuing the Date 
hereof, no Sevill, Pillar, or Mexico Pieces of Eight, 
though of the fuU Weight of Seventeen Penny 


''Weight and an Half, shall he account(>d, received, 
"taken, or paid within any of Our said Colonies or 
" Plantations as well those under Proprietors and 
"Charters, as under our immediate Commission and 
" Government, at ahove the Rate of six Shillings per 
"Piece current Money, for the Discharge of any Con- 
" tracts or Bargains to be made after the said first Day 
" of January next; the Halts, Quarters, and other less- 
"er pieces of the same Coins, to be accounted, received, 
"taken or paid in the same Proportion: And the Cur- 
"I'ency of all Pieces of Eight of Peru, Dollars, and 
" other Foreign Species of Silver ('oins, whether of the 
"same or Baser Alby, shall, after the said First Day 
"of January next, stand Regulated, according to their 
"Weight, and Fineness, according and in Proportion 
"to the Rate before limited and set for the pieces of 
"Eight of Sevil, Pillar, and Mexico: So that no For- 
' ' eign Silver Coin of any sort be permitted to exceed 
" the same Proportion upon any Account whatsoevei'. 
"^ And We do hereby require and command all Our 
"Governors, Lieutenant Governors, Magistrates, Offi- 
" cers and all other Our good Subjects, within Our said 
"Colonies and Plantations, to observe and obey Our 
" Directions herein, as they tender Our Displeasure. 

And Whereas an Act of Parliament was afterwards 
passed in the Gth Year of Her said late Majesty Queen 
Anne, entitled, An Act for the Ascertaining the Rates 
of Foreign Coins in Her Majesty's Plantations in 
America, setting forth, that notwithstanding the spid 
Proclamation, the same indirect Practices therein men- 
tioned were still carried on within some of the said 
Colonies and Plantations, and the Money thereby 
drawn from one Plantation to another, in prejudice of 
the Trade of Her Majesty's Subjects. Wherefore for 
the better inforcing the due Execution of Her Majesty's 
said Proclamation, throughout all the said Colonies 
and Plantations, and for the more effectual Remedy- 


ing the said Inconveniences thereby intended to be 
Remedyed, it was therein and thereby Enacted, That 
if any Person within any of the said Colonies or Plan- 
tations, as well under Proprietors and Charters, as 
under Her Majesty's immediate Commission and Gov- 
ernment, should after the First Day of May in the 
Year of our Lord 1^709. for the Discharge of any Con- 
tracts or Bargains to be thereafter made, account, 
receive, take, or pay any of the Silver Species of 
Foreign Silver Coins mentioned in the before recited 
Proclamation of any greater or higher Rate than at 
which the same is thereby regulated, settled, and al- 
lowed to be accounted, received, taken or paid, every 
such Person so accounting, receiving, taking or paying 
the same contrary to the Directions therein contained, 
should suffer six Months Imprisonment without Bail 
or Main Prize. Any Law, Custom or Usage, in any 
of the said Colonies or Plantations to the Contrary 
thereof in any wise not withstanding, and should like- 
wise forfeit the Sum of Ten pounds for every such 
Offence, one Moiety thereof to Her said Majesty, Her 
Heirs and Successors, the other Moiety to such Person 
or Persons as should Sue for the same, to be recovered, 
with fuU Costs of Suit, by Action of Debt, Bill, Plaint 
or Information, in any of Her said Majesty's Courts of 
Justice within any of the said Plantations, or in any 
of the Courts of Justice of the Charter or Proprietary 
Governments where such Offence should be committed: 
And Whereas their Excellencies the Lord Justices, 
by their additional Instruction to me directed, bearing 
date at Whitehall the Fifth Day of August in this pres- 
ent Year 1740. Have therein set forth, that although 
the respective Governors of all the Plantations in 
America, had from Time to Time, been Instructed to 
observe and carry on the above recited Act of Parlia- 
ment into due Execution: Yet that notwithstanding 
the same. Complaints had been made, that the said 


Act had not been observed as it ought to have been in 
many of His Majesty's Colonies and Plantations in 
America, by Means whereof, many indirect Practices 
had grown up, and various and illegal Currencies had 
been introduced in several of the said Colonies and 
Plantations, contrary to the true Intent and Meaning 
of the said Act, and to the prejudice of the Trade of 
His Ma,jesty's Subjects: And that in Consequence of 
those Complaints, an humble address had been pre- 
sented the then last Sessions by the House of Com- 
mons to His Majesty, that He would be graciously 
pleased to require and command the respective Gover- 
» uors of His Colonies and Plantation in America, effect- 
ually to observe His Majesty's Royal Instructions, 
directing them that the said Act of the sixth Year of 
the Reign of Her late Majesty Queen Aitne, Entitled, 
An Act for Ascertaining the Rates of Foreign Coins in 
Her Majesty's Plantations in America, should be punct- 
ually and bona fide observ'd and put in Execution, 
according to the true Intent and Meaning of the said 
Act: Pursuant to which Address, their Excellencies 
the Lord Justices by their additional Instruction (signi- 
fying it to be His Majesty's Royal WiU and Pleasure) 
do strictly charge and command Me, to take the most 
effectual Care for the future, that the said Act be 
punctually and bona fide observed and put in Execu- 
tion, according to the true Intent and Meaning thereof. 
In Obedience therefore to the said additional Instruc- 
tion from the Lords Justices, and to the End that His 
Majesty's Commands therein may be fully made known 
to all His Subjects within this my Government, and 
that none of them may pretend Ignorance thereof, I 
Do (by and with the Advice of His Majesty's Councill) 
issue this Proclamation, and in Plis Majesty's Name do 
hereby strictly Require and Command all and every 
His Majesty's^ good Subjects within this Province, to 
pay a strict and punctual Obedience to the above recited 


Act pass'd in the sixth Year of the Eeign of Her said 
late Majesty Queen Anne, entitled, An Act for Ascer- 
taining the Rates of Foreign Coins in Her Majesty's 
Plantations in America, under the Penalty's in the 
said Act mentioned, which shall be according to the 
utmost of my Power, strictly and punctually put in 
Execution against all and every Person and Persons 
that shall presume to offend in acting contrary to the 
Directions in the said Act. 

Given under my Hand and Seal at Arms, at Trenton 
in Council, the third Day of January, in the Four- 
teenth Year of His Majesty's Reign Annoque Domini 
One Thousand Seven Hundred and Forty. 

By His Excellency's Command, Lewis Morris. 

Arch. Home, Secry. 


Repoti of the Lords of Trade to the House of Com- 
mons — relative to Bills of Credit in the Plantations. 

(From P. R. O. B. T. PUinianans General No. .'W, Ent. Book G, p. aUO.l 

To the Hon^.^'' the Commons of Great Britain, 
in Parliament Assembled. 

His Majesty having been jDleased by his Order of the 
30^'' of April last, pursuant to an Address of this Hon"l*' 
House of the 25"' of the same Month, to direct the 
Commissioners for Trade & Plantations, to prepare in 
order to be laid before this House the next Session of 
Parliament, "An Account of the Tenour & Amount of 
"the Bills of Credit which have been created & issued 
"in the several British Colonies and Plantations in 
"America, as well as those under Proprietors & 
"Charters as under his Majesty's immediate Com- 
" mision & Government, that shall be then out- 


" standing distinguishing the Amount of the same 
"in each Colony or Plantation, and the respec- 
''tive Times when such Bills so outstanding were 
"issued, with the Amount of the said Bills in money 
"of Great Britain, both at the time of preparing the 
"said Account, together with their Opinion what will 
"be the most easy & effectual manner of sinking and 
" discharging all such Bills of Credit with the least 
"Prejudice to the Inhabitants of the said Colonies 
"and Plantations, and Interruption of the Commerce 
"of this Kingdom." 

Upon Receipt of the said Order, We did immediate- 
ly send circular Letters to all the Gov? of His Majesty's 
Plantations in America, reciting the said Address, and 
directing them forthwith to prepare and transmit to 
Us, the sev! Accounts therein required, together with 
their Opinion, wliat would be the most easy and effec- 
tual manner of sinking and discharging all such Bills 
of Credit, as by a Copy of one of the said dated May 
circular Letters hereunto annexed may -''th. irw 
more fully appear; But We have not hitherto re- 
ceived Returns from any of his Majesty's Gover- 
nors on the said Subjects, except only from the 
Lieutenant Governor of New York. 

We did likewise at the same time recommend to the 
Agents of the respective Colonies residing here, to lay 
before Us their Opinions concerning the most easy & 
eft'ectual manner of sinking the said BiUs, & frequently 
discoursed with them thereupon; but they have for the 
most Part excused themselves; from giving any Opin- 
ion till they shall have i-eceived proper Instructions 
from their Principals on that Subject. 

Under these Difficulties therefore, and destitute of 
proper Information, it cannot be expected that We 
should be able to lay before this Hon''!*' House such a 
Proposition for the sinking and discharging of the said 
Bills of Credit, as may be in every respect an adequate 


Eemedy for the Evil complained of, and so much the 
rather because the Circumstances of the sev' Provinces 
being various & very different in this Respect, each 
Province may require a distinct Consideration. 

Being however desirous, as far as in Us lies, to com- 
ply with the Intentions of the House, We would humbly 
propose that his Majesty may be graciously pleased to 
repeat his Orders to his Governors of the Plantations 
not to give their Assent for the future to any Bill or 
Bills for the issuing or re-issuing of Paper money in 
their respective Governments of any Sort upon any 
Account, or foi- any Purpose whatsoever, without a 
Clause therein inserted to suspend the Execution 
thereof, till his Majesty's Pleasure thereupon shall be 
known, nor to any Vote, Resolution or Order for the is- 
suing or re-issuing of any Sort of Paper money upon 
Pain of the Forfeiture of their repective Employments, 
ofliis Majesty's highest Displeasure. 

That the said Governors be also directed under the 
same Penalties to take due Care that all Funds and 
Provisions already established by Acts of Assembly 
for the gradual sinking and discharging of Bills of 
Credit in their respective Provinces be duly apjDlied, 
according to the Terms & Methods prescribed in the 
said Acts for those Purposes. 

That wherever Bills of Credit have been issued upon 
Loan to private Persons, upon Securities real or per 
sonal in Consequence of any Acts of Assembly, such 
Persons be compelled to make Payment thereof, agree- 
able to the Securities given for that Purpose. 

That in all Cases where Bills of Credit have been 
issued without proper Funds for the sinking of them, 
or where such Funds have been diverted or proved in- 
effectual, the Governors should be directed to recom- 
mend in his Majesty's Name to their Assemblies forth- 
with to provide sufficient Funds by Act of Assemblies 
for the gradual Discharge of such Bills. 


We hope that these Propositions for reducing & dis- 
charging the Paper Currency in the Plantations may- 
have a good Effect in those Governments which are held 
by immediate Commission under his Majesty, But We 
are very doubtf ull whether they will produce the like 
Effect in the Charter Governments, who do apprehend 
themselves by their particular Charters, & Constitu- 
tions to be very little dependent upon the Crown, & 
for that Reason seldom pay that Obedience to his 
Maj'y'^ Orders which might reasonably be expected 
from them. 

We have hereunto annexed such Returns of the 
State of the Paper Cui-rency in the Colonies as have 
come to Our Hands since our last Report, & which did 
not arrive in time to be laid before the House the last 
Session of Parliament, We have likewise, in (Obedience 
to his Maj^f' Orders u])on another Address from this 
House of the 25^'' of Apr' last, prepared Copies of the 
sev? Grants & Charters from y' Crown to the Propri- 
etary & Charter Govern m^.' on the Continent of N" 
America, now subsisting & in Force, & do herew^" lay 
the same before this Hon""' House. 

All which is humbly submitted 


Whitehall Jan'ry J a Brudenell R Plumer 

2r- 1T40-1 R : Herbert. M Bladen 

List of Papers transmitted to the Commissioners for 
Trade & Plantations relating to Paper Currency &c. 
in America received since the last Session of Parliament. 

Extract of a letter from Major Gooch Lieu' Gover- 
nor of Virginia, dated Febry 9'" 17:^.1)- 4(»— relating to 
Paper Currency &c. 

Account of the State of Paper Currency of North 


Carolina, from the first Emission of any Bills of Credit to 
the year 1740, rece'd from N. Carolina. 

Letter from Saml Ogle Esq' Depl^ GovF of Maryland, 
dated 20^'' April 1740 — relating to Paper Currency &c. 


Letter from Joseph Talcot Esq' Deputy Gov'' of Con- 
necticut, dated Jan'ry 12"" 1739-40 — relating to Paper 


Account of the Gold & Silver Coin as it currently 
Passed in the Island of Nevis from the year 1700 to 
1739-40 transmitted by Governor Mathew. 

List of Copies of Charters from the Commiss" for 
Trade & Plantations, presented to the Hon^'l'' the House 
of Commons, in Pursuance of their Address to his 
Majesty of the 25? April 1740. 

Maryland Charter, granted by King Charles the 1^' 
in the 8"' Year of his Reign. 

Connecticut Charter granted by K, Charles the sec- 
ond, in the 14"' Year of his Reign. 

Rhode Island Charter, granted by King Charles the 
second in the 15*'' Year of his Reign. 

Pennsylvania Charter, granted by King Charles the 
2'^ in the 33" Year of his Reign. 

Massachusets Bay Charter granted by K. Yv'ill'" & 
Q. Mary in the 3'' Year of their Reign. 

(jreorgia Charter granted by His present Majesty in 
the 5"' Year of His Reign. 


Archibald Home appointed one of the New Jersey 


[From P. R. O. B. T. New Jersey, Vol. IV, F 4^. | 

Order in Council, dated the 23^ of April 1741, 
apjDroving a Representation of this Board 
proposing* Archibald Home Esq'" to Supply 
a Vacancy in the Council of New Jersey 
by the Death of Robert Lettice Hooper Esq*". 

At the Court at S^ James's 

the 23^ Day of April 1741 


The Kings most Excellent Majesty in Council 

Upon reading at the Board a Report from the Eight 
Honourable the Lords of the Committee of Council for 
Plantation Affairs dated the i>"' of this Instant in the 
Words following — Viz' 

"Your Majesty having been pleased by Your Order 
"in Council of the 10'" of last month, to referr unto 
"this Committee a Representation from the Lords 
"Commissioners for Trade and Plantations, Setting 
"forth, that there is a Vacancy in your Majestys 
" Council of New Jer-sey, Occasioned by the Death of 
" Robert Lettice Hooper EsqJ' And that Archibald 
" Home Esq'" having been recommended to them as a 
"Person every way Qualified to Serve Your Majesty 
"in that Station, They therefore humbly propose, that 
"he may be appointed to Supply the said Vacancy. 
" The Lords of the Committee this day took the said 
"Representation into their Consideration And do 
"thereupon Agree humbly to Report, that they have 


"no Objection to Your Majestys Appointing the said 
" Archibald Home to be of Your Majestys said Coun- 
"cil in the Province of New Jersey, in the room of 
"the said Lettice Hooper deceased — 

His Majesty this day took the said Eeport into Con- 
sideration and was Pleased with the Advice of His 
Privy Council to Approve thereof and to Order as it is 
hereby Ordered, that the said Archibald Home Esq- be 
Constituted and Appointed a Member of His Majestys 
said Council of New Jersey in the room of the said 
Robert Lettice Hooper. ' And His Grace the Duke of 
Newcastle His Majestys Principal Secretary of State is 
to Cause the usual Warrant to be prepared for His 
Majestys Royal Signature — 

A true Copy 

Temple Stanyan 

Communioation from the Lords of Trade to the Lords 
Justices — relative to Ensigns to he borne by ships 
having private commissions. 

[From P. R. O. B. T. Plantations General No. 36, Ent. Book G, p. 279.J 

To their Excellencies the Lords Justices. 
May it please your Excellencies, 

In our Representation to your Excellencies of the 
21"^ and 22? of July last, which accompanied the 
Instructions We had prepared for His Majesty's Gov- 
ernors of the Massachusets Bay and New Hampshire, 
We took Leave to propose an Alteration to be made in 
the Colours to be worn by all Ships having private 
Commissions or carrying Letters of Marque or Reprisal, 

' Mr. Home died in 1745 and was succeeded by Andrew Johnston on Jvme 19th, 



to make the same conformable to those given by His 
Majestys Commissioners for executing the Office of 
High Admiral of Great Britain to the Commanders of 
Vessels having Letters of Marque or Commissions for 
Private Men of War; And your Excellencies having 
been pleased to refer the said Representation and 
Instructions to the Lords of the Committee of His 
Majesty's most Hon''!'' Privy Council, Their Lordships 
upon Perusal thereof, did by their Order dated the TV' 
instant, ^direct us to consider whether Draughts of 
Additional Instructions relating to the said Ensigns 
should be sent to such Governors as have not been 
already instructed upon this head, & We apprehend- 
ing the same may be for His Majesty's Service, have 
prepared the inclosed Draughts of Additional Instruc- 
tions for that purpose, which are most humbly sub- 
mitted to Your Excellencies. 

M Bladen. 

B: Keene 
R: Plumer 
Ja: Brudenel 

[The instructions were to the following effect.] 

"That is to say. Such as is worn by our Ships of 
"War, with the Distinction of a white Escutcheon in 
"the middle thereof; And that the said Mark of Dis- 
" tinction may extend itself to one half of the Depth 
' ' of the Jack, and to one third of the Fly thereof. " It 
is His Majestys WiU & Pleasure, And You are 
hereby required for the future to obhge all (Com- 
manders of Ships to whom You shall grant such Com- 
missions to wear the same Ensign as Merchant Ships 
& a red Jack with the Union Jack in a Canton at the 
upper Corner next the Staff, instead of those raen- 
tion'd in former Instructions. 



Letter from Governor Lewis Morris to the Lords of 
Trade— about New Jersey affairs. 

[From P. R. O. B. T. New Jersey, Vol. IV, F 43. | 

Trenton, August 16*^ 1741 

My Lords, 

I have received the Honour of your Lordships of 
May 20':*^ and 21'.' and August !'•' 1740, and one of 
Aprill 17'" 1741 v^ith two Acts of Parhameut Pursuant 
to your Lordships comuiands of the 1'.' of August 1740. 
I gave the Commissioners residing in this Province the 
Information by your Lordsliips directed, but I am told 
none of them attended and that the Settling the 
bounds] between Boston and Rhode Island (if done) 
was done without their Assistance. 

In Obedience to your Lordships of May 21'.' 1740 I 
have directed the Secretary of this Province (who 
farmes the Office of one Burnet in England who has 
the Patent for it) to Search the Office and give mean 
Account of what Laws have been pass'd but the Offices 
being kept in two places Viz^ Amboy and Burhngton 
and not Being Formerly kept so carefully as they 
should, a collection Even of their titles will be not 
Easie to make, and much more so to get them tran- 
scribed, the transcribing the minutes of the Council 
and Acts of Assembly Each Session and dupUcates of 
them which is twice done by the Secretary and is a 
burden upon the Officer which the Assembly has given 
but a Scanty allowance for doing, and such as is very 
far short of paying for the Service done. 

During the Sitting of the Assembly at Burhngton I 
discovered an Old chest full of papers belonging to that 
Office and among them many of the Original Laws 
put in a Garret of a House that I had hired where I 
lodg'd my Servants, & it was a great chance that many 


of them were not usVI for waste paper. ' they mi^lit 
have been as carelessly kept at Amboy for Oii<;ht I 
know, there having been no publick provision made 
for a place to keep them in, Either there or Elsewhere. 
There having been Coppies of all the Laws made here 
from time to time as they were made transmitted to 
the Secretary of State for the time being, and Duph- 
cates of them to the board of trade, Each of those 
Offices are probably furnished with a compleat collec- 
tion of them to lay before the house of commons if 
they desire it; however I will do what I can for Your 
Lordships Information on that head. 

Your Lordships of the 20'.'' of May 1740, requiring 
an Account of the tenor and Amount of the Bills of 
Credit current in New Jersie, with my Opinion what 
would be the most ready way to Sink and destroy 
them with the least Prejudice to the inhabitants, I 
laid before the Council, as I did your Lordships of the 
5'." of July 173% with Coppyes of Addresses Ordered 
by the Lords and Commons to be made to His Majestie 
much to the same Purpose. I sent your Lordships the 
Report of the Council in answer to that of the 5'" of 
July which I hope came to yoin- Lordships hands; but, 
least that should have Miscarryed I send your Lord- 
ships another transcript of the minutes of Council 
then sent. I also send the minutes of Council com- 
mencing the 1'* of December 1740. & ending the 2!' of 
May 1741. Among those last mentioned minutes 
there is one of January If 1740, with relation to your 
Lordships letter of the 2(»"' of May 1740. the V^ part of 
which they conceive was fully and compleatly 
answred by their report of the 4^" of December 1731), 
and gives an Account of all the Bills that have been 
and now are Current in this Province Except £2000. 
in bills of Credit made current Since for Vicualling 
and transporting the troops rais'd in this Colony sent 
against the Spaniards. This Report of the 4'!' of 


December is in the two last leaves of the former 
minutes & with respect to the Sinking of them, they 
think the best and most Effectual way to do this 
would be to do it in the manner Prescrib'd by the Acts 
that gave them a currency. I propos'd Several ques- 
tions to them as your Lordships will see by the minutes 
of the 2*' of January whicH they took time to Answer 
& on the 4"' of Aprill following rather Evaded as I 
think than Answer'd directly — They would not allow 
that there was any alteration in Our currency but the 
bills of Exchange had got to a higher rate than they 
had been, and that the exportation being Encreas'd 
the course of Exchange had fallen to 50 P Cent, and 
that the Increase of the exportation was the chief 
cause thereof. 

That there was no alteration in Our currency I take 
to be a mistake, it is true that there was no nominal 
Alteration, a bill mark'd 20 Shillings pass'd for 20 
Shillings and was called 2<) Shillings ^d would have 
done So, if Exchange had risen to 500 P Cent as well 
as to TO P Cent, but the owner of the bill could not 
have purchas'd so much Silver and Gold for his 20 
Shillings nor so much English cloth or what Elce of 
that Kind he wanted as wlien Silver pass'd at 6^ 1 J'^ P 
Ounce, which was the nominal Valine his bill was 
Struck at, And unless Silver & Gold had risen in its 
Valine Exchange could not has [have?] risen; And the 
reason of its rising I do not take to be Owing to a paper 
Currency but to the want of a proper return, and for 
that reason owing to the British factors themselves for 
they having sold their goods and receiv'd pay in the 
paper Currency, and being under a necessity of making- 
returns to their Employers, they by from time to time 
offering great prices for Silver, Gold or bills of Ex- 
change have rais'd the Value of them & those that 
have Silver Gold or bills of Exchange, Knowing the 
necessity these factors are under to make returns, will 


not part with them but at their own rate, & this or 
some thing like it would be the case where direct 
returns are wanting where there no Paper Currency; 
for, the mercantile part of men in these parts are of 
Opinion (& I believe our Council thought the same 
way) that foreign Coynes of Gold and Silver are of the 
nature of piggs or ingots of Sih' er and Gold, A Mer- 
chandise, whose Value hke other Commodities may 
rise or fall in proportion to the Demand there is for 
them; and on this notion it has been by Agreement 
among these sort of people that Pistoles and Silver 
have been raisVI in their Value from time to time and 
of different Values in different Provinces according to 
the necessity there was of making returns, or the 
natural foundation of credit there was for the bills of 
Credit Emitted, or both, and consequently English 
Gold and Silver must have rais'd also and have been 
Current in payments at Various nominal Values in 
Various CoUonyes & this I take to be the Various cur- 
rencies meant. These nominall Values of the coin 
whatever they were, would purchase no more than the 
Same nominall Valine of the paper currency would do: 
As if a Guinea went at 5 pound (which I think it did 
in New England) it would purchase Just as much as a 
New England paper bill of five pounds would do, so 
that (according to our Councill) there would be no 
alteration of the currency 5 pounds being still 5 pounds 
but it seems plain to me that if a Guinea was at any 
time before that current at 30 ShiUings in bills of 
Credit, that when it was current at 5 pounds in the 
same bills it required 5 pounds to purchase that Guinea 
which 30 Shillings of the currency or bills would have 
done before; which must make those bills (whatever 
nominal Valine was Impressed upon them) of so much 
less real Value than they were before. 

The falling of Exchange from 70. to 50. and after 
that so Low as even to 25 P Cent in 2 or 3 Months 


time and its rise again to 40 and rising Seems to be so 
Sudden to be Owing to the increase of the Exports as 
our Council Say, or the Contrary; and is said to be 
chargeable to Another Account Viz- the want of Specie 
and of a sufficient quantity of currency to Supply the 
Oi'dinary necessities of Jersie and Pensilvania at that 
time; for much provision being to be Shipp'd for the 
Troops and Else where in the West Indies, bills of 
Exchange would not purchase this, unless chang'd into 
Specie, or bills of Credit; both of which being Scarce, 
there was a necessity of Lowring bills in Order to 
procure it, and when that End was Answered they 
soon rose again, So that the fall of Exchange was not 
Owing to a general 1 ncrease of the Exports, that being 
(if I Judge rightly) little (if any thing) more this year 
than usual; but to the time of doing of it, and peculiar 
Circumstances attending that Occasion which may not 
in a course of Years happen again. 

As to the best way of sinking the Bills, (or whether 
it be best to sink them at all) is difficult to determine. 
Those of the Council that gave me their Opinion on 
that head Agree that its best to let them Expire by 
your Own limitation: but, when thats done, or if sunk 
sooner, unless there be a Supply of Specie or some- 
thing that is tantamount, the reasons & necessity for 
making Others of some kind or other to serve as A 
medium of trade in lieu of Specie will be as Cogent 
and pressing as they were for the making those now 
in use; and if those reasons were good it Seems not 
Amiss to continue the practice while those reasons 

It has been said that while Jamaica and some of the 
other Islands carryed on a Clandestine trade v/ith the 
Spaniards & the West Indies the northern Plantations 
had Specie Enough for their own Currencie and to 
make such remittances as was Sufficient to Supply 
their wants; but that trade failing and with it the 


Supply of Silver & Gold and their numbers and 
demands Increasing, they were under a necessity of 
having recourse to the Issuing bills of Credit to Supply 
the Defect of Specie, to serve as that did for a medium 
of Commerce; but remittances being necessary and not 
to be made in those Bills, those who had bills of 
Exchange or Silver made their Advantage of those 
who wanted & being to be paid in those bills of credit 
would not part with their biUs of Exchange or Silver 
but on their own terms and this Depreciated the nomi- 
nall Value of the Bills of Credit in most of the Colo- 
nies, in some more than in others in Proportion to the 
natural Credit upon which those bills were founded 
but fluctuating and Subject to change in all of them 

The Province of New Jersie sends but few Vessels 
abroad; what they raise is chiefly sent from the East- 
ern division of it to New-York and from the Western 
to Philadelphia from which places they are for the 
most part supply'd with what European Commodities 
they want; they importing but little of that kind 
themselves; so that they are Veiy much out of the 
case with respect to the Value of Silver or Gold; what 
little they have (if any) comes from York or Pensilva- 
nia but chiefly from the Last to purchase Wheat for 
their own Exportation and then passes at the Value it 
goes in Pensilvania with those who take it which are 
not many; the generality preferring the bills of credit 
current Amongst them whose Value they know to 
Silver or Gold which they do not; and few of them 
having need of remittances are not concern'd whether 
bills of Exchange be cheap or deare which may be one 
reason that the bills or what they call the Paper ]\Ioney 
of this Province have not only retain'd but Encreas'd 
their Credit being now 12i P Cent better than those of 
the neighbouring Province of New York. 

Silver and Gold being the medium of commerce in 
every country where a Sufficient quantity of it for that 
Purpose is to be had, it seems necessary that in coun- 


tries where it is not to be had that Something Elce 
should be Substituted in its stead to Answer as far as 
may be that purpose; this the northern Plantations 
have done by bills of Credit which in some of them 
have prov'd a great conveniency to the Inhabitants 
Especially to those in this Province; and to destroy 
these altogether in places where they have retain'd 
their Credit without placing Something in their Stead 
that would Answer the Same Ends Seems to be very 
inconvenient for the Inhabitants and perhaps not 
beneficial to the trade of their mother country. 

In things of this Kind there will not be wanting 
Various Projections and when duly considred Perhaps 
few (if any) of them practicable with less inconven- 
ience than the methods now in use. Some have con- 
ceiv'd that the calhng in all the Bills that are now in 
use and issuing others in their Stead upon the Same 
Security and lent in the same manner with this only 
difference of making the King the Lender instead of 
the Governments here; to which end they Suggest 
that if His Majestie would be graciously Pleas'd to 
Asscertain what Salaries he thought proper to allow to 
his Several Governours, to the Councellors, during 
their Attendance in Council, to the Secretaries, Clerks 
of the Council, Judges, Receivers General and other 
necessary Officers of the Governments, and Incidental 
charges at a Sterling Value; and that so many bills of 
Credit be printed in or for each of the Provinces that 
when put at a moderate Interest of 4. 4^ or at most 5 
P Cent the Interest arising from them may defray the 
charges of Each Government And that attending the 
printing and letting these bills Each of these Prov- 
ince bills to be distinguished, to be regularly paid in 
and let out as now, and when worn or Obliterated new 
made to change them as at Present. 

This it is said will Asscertain or prety nearly Asscer- 
tain the quantity of what they call paper Money in the 


plantations, prevent the making any more for the 
future than what his Majestie will please to direct, 
render the Several Governours, Councellors and Offi- 
cers of the Cxovermnent independant on Assemblies 
for their Support, and consequently prevent those 
mean Condescentions that are too often made to Obtain 
a Scanty Subsistance, i)revent the Governours from 
bartering the Kings Prerogatives or Lands for bread, 
give the Councils a greater weight and Influence than 
they at Present have and be a means of Keeping 
Assembhes vdthin theii' Just and proper limmits. 

Some of these things are very desireable; but to 
Obtain them seem to require the Aid Either of the 
Several Legislatures in the Plantations (which it is not 
to be Expected any of the Assemblies will give into, if 
they can Avoid the doing of it) or that of a Brittish 
Parliament and how far they will Judge it fit bills of 
any kind should be current in the Plantations is what 
I cannot say. 

The People who are the borrowers, and who truly 
only Support this Government would be Very indif- 
ferent whether such Bills were made by the Authority 
of a British Parliament or Jersie Assembly, or whether 
lent by the Government here or the King, so as they 
could have them at a Moderate Interest. 

Where Gold and Silver is wanting that it is neces- 
sary there should be Something to pass current as A 
medium of trade in Lieu of it Seems to me Evident. 

Inclosed is a Proclamation Issued in Obedience to 
the commands of the Lords Justices, we are not in 
much Danger in this Province of their Acting contrary 
to the Act of Parliament, and I will do my utmost 
Endeavours that such as do shall be prosecuted. I am 
My Lords Your Lordships most Obedient 

Humble Servant 
Lewis Morris. 

Lords Commissioners of Trade & Plantations. 


Memorial of the Committees of the Proprietors of East 
and West Jersey to Governor Morris — relating to 
the line hetiveen New York and Neiu Jersey. 

LFrom Papers of James Alexander, Surveyor General, in Rut!;erfurd Collection, 
and Papers of F. J. Paris in the New Jersey Historical Society Library, Vol. IV, 
p. 125.] 

New Jersey S? 

To His Excellency Lewis Morris Esq"" Cap- 
tain General and Governour in Chief in 
and over his Majesty Province of New Jer- 
sey and Territories thereon depending in 
America and Vice Admiral in the Same &c 

The Humble Representation of the two Com- 
mittees appointed by the Eastern & West- 
ern Division of the Council of Proprietors 
for making an Order to promote the set- 
tling of the Division line Between the Prov- 
inces of New York & New Jersey And also 
the line between the Eastern & Western 
di^asion of this Province 

May it Pleasure Your Excellency 

We being appointed by the Councils of Proprietors 
of the Eastern & Western Division of the Province to 
Conferr about the settling & Adjusting the Division 
lines above mentioned, Have been applyecl to by some 
of the Inhabitants of this Province Who dwell con- 
tiguous to the Supposed line between this Province 
and the Province of New York, in Order to redress 
many Grievances and Injurys said to be offered them 
from that Neighbouring Government: And having 
made a strict Inquiry in to the Affair Do find upon the 
best information We were able to procure, that the 


People of that GovernmeDt have Encroached on the 
lands within the limitts of this Province and thereby 
dispossessed many of his Majestys Subjects Inhabiting 
therein of their unquestionable Rights, under pretence 
that the said Lands so by them possessed & Claimed 
were within the limitts of New York Government, 
And also Offered divers outrages & Insults to many of 
the Officers of Your Excellency's Government in the 
actual discharge of their Dutys & Commissions within 
the undoubted bounds of this Province, And Caused 
many of them to pay quitt Rents and other Taxes for 
lands certainly within this Province of New Jersey 
held under the proprietors thereof, And as We Imag- 
ine that the many inconveniencys the Inhabitants in 
that part of this Province undergo are principally 
owing to the Division line not being run pursuant to 
the Acts of Assembly for that purpose made in both 
the said Provinces. 

We most humbly desire Your Excellency s Assist- 
ance & Interest in the procureing the said Hue to be 
run Between the said Provinces in such manner as to 
Your Excellency shall seem most proper & in the 
mean time to use Your Excellencys influence to put a 
Stop to all Outrages & unjust proceeding by the Gov- 
ernment of York against the Inhabitants of this Prov- 

Dated 2" Sept^ 1741 

We are your Excellency's most Obed' h'ble Serv'.' 
Western Division Eastern Division. 

John Reading Rich'^ Ashfield 

Mahlon Stacy Da: Don: Dunster 

Clem: Hall Sam" Leonard 

John Coxe Sam" Nevill 

[Under date of June 28"' 1742, no action having been 
taken by the Governor on the above representation, 
he was again appealed to by the Council of Proprie- 
tors of East Jersey: they said "As there was at that 


Time a Governor daily expected at New York, it was 
then thought proper to let the Affair rest till he should 
arrive, But as no Governor of New York is yet ar- 
rived, and the present unsettled Situation of Affairs 
in England renders it uncertain when any will, the 
unhappy Differences now subsisting between the In- 
habitants of New Jersey and New York, occasioned 
by the said Partition Line being yet unsettled, and 
which seem to threaten dangerous Consequences, oblige 
us, Sir, to remind you of our former Petition "^ '"^ 
We therefore pray Your Excellency to write to the 
present Lieutenant Governour of New York to join 
with Your Excellency in endeavouring to bring the 
Settlement of the aforesaid line to a Speedy Conclu- 
sion."]— Ed. 

Bepresentation of the Council and Assembly of New 
Jersey to Governor Morris — relative to encourage- 
ment for the making of iron. 

LFrom P. R. O. B. T., New Jersey, Vol. IV, F. 46 x 47. | 

To His Excellency Lewis Morris Esqf Captain 
General & Governour in Chief in and over 
His Majesty's Province of New Jersey and 
Territories thereon depending in America 
and Vice Admiral in the Same &c. 

The Humble Representation of His Majesty's 
Council and the House of Eepresentatives 
of the Province of New Jersey in General 
Assembly met and Convened. 

May it please Your Excellency. 

We the Council and House of Assembly beg leave to 
Represent to Your Excellency, That this His Majestys 
Province of New Jersey undei' Your Government and 


other the British Colonys in North America (by the 
Divine Indulgence) are abundantly Stored with Iron 
Ore as also with Suitable Conveniences and proper 
materials for making the Same into Pigg mettal and 
Barr Iron; and could under due Encouragement 
largely Contribute towards, and probably in some years 
wholy supply Great Britain and Ireland with that ne- 
cessary Commodity for which they become Annually 
greatly Indebted to Sweeden and other fforeign Na- 

That We are well informed that on repeated proofs 
made of American Iron before the Officers of His 
Majesty's Navy and other Skillfull persons, the Same 
has been declared to Equal if not Excell in quality the 
best Sweedish Iron. 

That the Inhabitants of this and the other Northern 
Colony's have hitherto made but small Advantage 
therefrom having Imported but very inconsiderable 
quantities Either of Pigg mettal or Barr Iron into gi-eat 
Britain or Ireland by i-eason of the great discouiage- 
ment they lye under from the high price of Labour in 
the said Colonies and the Duties by Act of Parliament 
on those Com'odities Imported from his Majesty's 
Plantations in America. 

That should it please the British Legislature to take 
off the duties at present payable on Importation and 
to Allow such Bounty thereon as to them in their 
Great Wisdom might seem reasonable the Inhabitants 
of this and other His Majesty's Colonies in North 
America would be thereby the better enabled to dis- 
charge the Respective ballances due by them to their 
mother Country, And greatly to encrease the quanti- 
ties of her Manufactures to them Exported (;is their 
Returns would be in those only) whereby the Annual 
Debt by her incurred to Sweeden and other fforeign 
Nations for Iron would be considerably Lessen'd and 
the Navigation ■ and Ship building throughout the 
Brittish Dominions greatly encouraged and enlarged. 


Wherefore We the Council and House of Assembly 
humbly request your Excellency That you will be 
pleased to Lay the Substance of this our Representa- 
tion before His Majesty The tender ffather of the peo- 
ple whose paternal Care extends Even to the remotest 
of his Subjects, And in our behalf Humbly to beseech 
him, that he will be graciously pleased to recommend 
our Circumstances as above set forth to the Consider- 
ation of his Paiiiamant, or take such steps for our re- 
lief and Encouragement as to him in his Royal Wis- 
dom and goodness shall Seem fitting 

Nov' 4'!" 1741 
By Order of the House of Assembly 

November 4*^ 1Y41 — By Order of the Council 

' ^fi^Lr/:^:. 9 


Memorial of Rodrigo Pacheco and Richard Partridge 
on behalf of the Proprietors of East Jersey, to the 
Lords of Trade — asking for the confirmation of 
a certain Act. 

LFrom P. R. O. B. T. New Jersey, Vol. 4. F. 47.] 

Memorial of Roderigo Pacheco, in behalf of the 
Proprietors of the Eastern Division of New 
Jersey, praying y*' Board to Report upon 


an Act passed in that Province in Nov''.'" 
1703, for Regulating the Purchasing of 
Land from the Indians. 

To the Right Hon^.'^ the Lords Com'issioners 
for Trade & Plantations— 

The Memorial of Eodrigo Pacheco in behalf of 
the Proprietors of the Eastern division of 
ye Province of New Jersey. 

May it Pleasure Yo''- Lordshipijs 

An Act has been passed in y' said Province of New 
Jersey by the Gov'." Council and Assembly there in y"- 
second year of her late Majesty Queen Ann Entituled 
an Act for regulating the purchasing of Lands from y** 
Indians, which Act has been since to wit on y*" 24. day 
of Novemr in the fifteenth year of his present Majestys 
Reign Exemplified by the Governour of the said Prov- 
ince under the Seal thereof as appears by the Exem- 
plification hereunto annexed, & which Act has been 
found necessary & of good Service to his Maj''*' Sub- 
jects in the said Province— In consideration 

Whereof Your Memorialist most humbly prays Yo!" 
Lordships would be pleased to report on the said Act 
to His Majesty in order for its receiving the Royal 

Which is Humbly Submitted 

RoDRiGO Pacheco 

I do also humbly request that the aforementioned 
Act may be confirmed by the King — 

RichV Partridge 
Agent for y" Province of New Jersey 
London June y' 16. 1742 


Address of the Eastern Council of Proprietors to Gov- 
ernor Leiuis Morris — relative to the Partition 
Line between New York and New Jersey. 

[From Papers of F. J. Paris in the New Jersey Historical Society Library, Voluuie 

II, page 127.1 

To His Excellency Lewis Morris Esq"" Cap- 
tain General & Governor in Chief of His 
Majesties province of New Jersey and Ter- 
ritories thereon depending in America & 
Vice Admiral in the Same, &c. 

May it please your Exellency 

The Council of proprietors of the Eastern Division 
of the Province of New Jersey humbly Beg leave to 
represent to your Excellency, That, about the month 
of September last, the Committees of the Councils of 
proprietors of the Eastern and western Divisions of 
New Jersey, waited upon your Excellency with an ad- 
dress, relating to the partition Line between New 
Jersey and New York: to which address your Excel- 
lency was pleased to give a favourable answer; promis- 
ing to use your utmost endeavours to effect the Same: 
And as there was, at that time, a Governor daily ex- 
pected at New York, it was then thought proper to 
let the affair rest til he should arrive. But as no Gov- 
ernor of New York is yet arrived, and the preserit 
unsettled Situation of Affairs in England, renders it 
uncertain when any will. The Unhappy differences 
now Subsisting between the Inhabitants of New Jersey 
and New York, Occasioned by the Said partition Line 
being yet unsettled; and which Seem to threaten 
dangerous consequences; Oblidge us. Sir, to remind 
you of our former petition, There being Leases of 
Ejectment lately Served by John Bayard on the Demise 


of Henry Wileman, Claimei^s under a New York title, 
in the inferior Court of Orange County in the prov- 
ince of ^ew York, upon persons about Seven miles (as 
v^e apprehend the Line Runs) within your Excellen- 
cies Government; and great Commotions and disturb- 
ances Seem to threaten these proceedings if not timely 
prevented. We therefore pray your Excellency to write 
to the present Lieutenant Governor of New York to Join 
with your Excellency in endeavouring to bring the 
Settlement of the aforesaid Line to a Speedy Conclu- 
sion; and we hope, Sir, you will take Such further 
Measures for this end, as you Shall think proper and 
Convenient, We are 

Your Excellency's most obedient and most 

Perth Amboy humble Servants 

June 28^" 1742 
by order of the Council of Proprietors, 

Affidavit of James Alexander— relative to the position 
of the North Partition Point between New Jersey 
and New York. 

[From Papers of F. J. Paris in Historical Society Library, Vol. A, p. 86.] 

1 Ejectment for lands said 
Bayard on demise of | ^^ ^^ -^ Orange Coun- 
Wileman ats Turn- |- ^^ Removed byhabeas 
^^^ j Corpus 

James Alexander who for about twenty seven 
years last Past hath been andStiD is Surveyor General 
of the lands of the Eastern and Western Divisions of 


the Province of New Jersey maketh Oath that the 
Commissioners and Allan Jarratt Surveyor appointed 
for the Province of New York and Commissioners and 
him the said Alexander Surveyor appointed for the 
Province of New Jersey in pursuance of Acts of As- 
semblys of the said Respective Provinces for running 
and ascertaining the Division line between the said 
Provinces did for that purpose in the month of June 
One thousand seven hundred and nineteen meet at 
Mackackemak at the House of one Swartwoot and 
there agreed on means for ascertaining that branch of 
Delaware River upon which the North point of the 
said Petition line should be and the said Surveyors 
took an observation for making an Estimate how far 
M' Swartwoots was from the Latitude of forty one 
Deg? and forty minutes in which Latitude the said par- 
tition point should be and by that observation the said 
Surveyors esteemed they were about Sixteen minutes 
South from the said Latitude that by the means agreed 
on that Branch of Delaware River called the Fish Kill 
was ascertained to be the branch upon which the north 
partition point should be and an actual Survey was in " 
the said month of June and July following made from 
Swartwoots to the said Partition Point which was 
agreed on after many Meridional observations of the 
sun taken by the said Jarratt & Alexander near the 
said Partition Point both to the Northward and South- 
ward thereof that on or about the twenty -fifth day of 
the said Month of July the Commissionrs andSurveyors 
aforesaid of both the said Provinces executed Inden- 
tures under their hands and seals for Commemorating 
and ascertaining the place of the said north partition 
point so settled and agreed on that after protraction of 
the Survey aforesaid from Swartwoots to the said 
North Partition Point they the said Surveyors from 
that and the best Information they then had did es- 
teem that the Partition line would nearly run South 


forty seven degrees east according to the magnetick 
compass then was from the north partition point 
afores" to the South partition Point upon Hudsoiis 
Eiver that the said hne fell about one hundred and 
twenty chains distant upon a perpendicular to it from 
the said Swartwoots upon a North forty three Degrees 
East course from said Swartswoots to the said Une and 
with the consent of the said Commissioners they the 
said Sm^veyors did direct John Harrison and John Chap- 
man Surveyors upon Oath with chain bearers to run 
from said Swartwoots North forty three degrees east 
One hundred and twenty chains to meet the said esti- 
mated Partition line and from thence to run south 
forty seven degrees east to Hudsons River marking the 
trees along the line and marking the number of miles 
from Swartwoots said perpendicular at the end of 
ever// mile which work was as this Deponent be- 
lieves Justly performed by the said Harrison & 
Chapman & their chain bearers a Journal of 
which work was delivered by the said Harrison & 
Chapman to the said Jai'ratt and Alexander on or 
about the seventeenth day of August One thousand 
seven hundred & nineteen (a copy of which the said 
Alexander entered in a Book in which he entered the 
transactions aforesaid and all othei' material Transac- 
tions concerning the said line in which he was concerned ) 
And this deponent further says that in the month of 
August One thousand seven hundred and nineteen he 
with the said Allan Jarratt did make five or six obser- 
vations of the Sun's meridional altitude on the West 
bank of Hudsons River at or near whats known by 
the name of Corbitts Old house below Tapan Creek in 
Order for the discovery of the Latitude of forty one 
upon Hudsons River, where the South Point of the 
said Partition line ought to be and the Commissioners 
beina,- then not come the said Allan Jarratt went for 


about four days to New York during which time the 
said Alexander made Sundry observations of the Sun's 
meridional altitude and observed also the meridional 
altitude of eight different remarkable Stars whereof 
some to the Northward & some to the Southward of the 
Zenith in two different nights that upon Allan Jarratts 
return from New York on or about the Seventeenth day 
of said Month of August he brought word of Captain 
Walter's one the Commissioners being Sick and as 
none of the other Commissioners were come they the 
said Alexander and Jarratt departed for New York and 
no meeting was afterwards to this day to this De- 
ponent's knowledge of the said Commissioners and 
Surveyors for ascertaining the said line and this 
Deponent Says that by the help of sundry actual Sur- 
veys since made of which he has memorandums the 
lands in Question in this Suit upon a perpendicular 
from the said Estimated & markt Partition line to the 
best of his Judgment are upwards of seven miles 
Southwesterly from the said markt Partition line And 
this Deponent farther says that he hath carefully com- 
puted the observations made by him and Jarratt at 
Corbitts Old house & the observations made by him- 
self there alone and from them hath made an estimate 
where the true hue of Partition ought to run accord- 
ing to those observations and to the best of this DejDO- 
nents Judgment from thence and actual Surveys the 
lands in question in this Suit lye several miles South- 
westward from the nearest place (to the said lands) 
thro' which the true Partition line should run And 
this Deponent farther Says that in a Book in the Sec- 
retary's office of New York he believes entitled a Book 
of General Entries from 1686 to 1702 fo. 49 there was 
an Entry as Subscribed by Andrew Robinson & 
Philip Wells that by two observations of the Sun's 
meridionl altitude made the eighth & twenty ninth 
days of September 168G-, it appeared to them & George 


Keith observers that the fortieth and one degree of 
Northern latitude upon Hudson River is one minute 
& twenty five Seconds to the Northward of Yonkers 
Mihi And this deponent farther Says that to the best 
of his Judgment & by the help of actual Surveys a 
line runing from the said point estimated by Wells & 
Robinson as aforesaid as the partition point on Hud- 
sons River to the said point fixed upon the Fish Kill 
branch of Delaware river by the Commissioners and 
Surveyors as aforesaid will leave the lands in Question 
considerably to the Southwestward thereof And this 
Deponent says that besides the lands in question there 
are sundry lands in the actual possession of the proprie- 
tors of the Eastern devision of New Jersey & their as- 
signs which to the best of his Judgment are several 
Miles nearer to the said estimated & markt partition line 
than the lands in Question are and that he partly 
knows & in part hath heard & verily believes that the 
Sherifs and Justices of the Peace of the Province 
of New Jersey do exercise & for many years past have 
actually exercised the Jurisdiction of New Jersey upon 
& to the Northward of the Lands in Question & near- 
er to the said markt Partition line without any Inter- 

Ja. Alexander.' 

Sworn the twenty fifth day of Januaiy MDCCXLIP 
before James De Lancey. 

1 An affldavitof similar import, ina case Daniel Harrison ads. Thomas IMkey, is ou 
page 90 of the same volume, under date of May 16, 1796.— Ed. 

2 1742-3, 


Letter from Secretary Hill to M''. Fane— relative to 
two Acts of the Neiv Jersey Assembly . 

[From P. R. O. B. T., New Jersey, Vol. XV. page :i9.] 

Letter to M"" Fane, for his Opinion on two Acts 
passed at New Jersey, one in Nov'" 1703, 
the other in Novi" 1742. 

To Francis Fane Esq'" 

March 8'^ 1742-3 


I am commanded by my Lords Commissioners for 
Trade and Plantations to send you the two inclosed 
Acts passed at New Jersey; the one Entituled An Act 
for regulating the purchasing of Land from the Li- 
dians, Passed in Novemr 1703 ; ' The other Entituled 
An Act for the Support of the Oovernment of His 
Majesty^s Province of New Jersey for one Year, to 
commence the 23^' of Sep: 1742, and to end the 23'' of 
Sep': 1743; passed the 25*" of Nov'; 1742;— -and to desire 
your Opinion thereon in point of Law as soon as con- 
veniently may be. 

I am Sir 

Your most humble Serv' 

THof Hill 

' This Act, although of great importance to the Proprietors, had never received 
the approval of the crown, having been transmitted without the recommendation 
of the Governor.— See Papers of Lewis Morris, page 158. Both Acts were submitted 
to Thomas Fane, for his opinion, and reported upon favorably, althougli not mitil 
April 18th, 1743.— Ed. 


Letter from John Hamilto7i to the Lords of Trade — 
relative to the claim of Lewis Morris for salary 
while striving to obtain the Presidency of New 

[From P. R. O, B. T., New Jersey, Vol. V, F. 52 | 

Letter from M'' Hamilton, Eldest Councillor in 
the Province of New Jersey, to the Board, 
inclosing the Case stated betwixt Col° Mor- 
ris & the said M'" Hamilton, relating to 
Col° Morris's Claim to the Government, 
before he received his Lettf Patent to be 
Gov^ of New Jersey. Rec^ August the 4"' 
My Lords. 

The last I did my Self the Hon"" to write to Your 
Lordships was on the 80'" of May 17P>9 hi that I 
Acquainted you that CoU" Morris had received And 
published his Commission to be Governor of this Prov- 
ince and that when he held a Council to Sign the 
Warrants for the Officers Salarys, he refused to grant 
me a Warrant for My Salary as President & Comman- 
der in Chief from the 23" of June 1738 to the 28 of 
Aug^ following, the day he pubhshed his Commission as 
Governor And told me he Expected T should pay him 
all the Salary I had received as president from the 20'." 
of October 173(> the time he came here and demanded 
the Government and if I did not he Should be obliged 
to Sue me however I heard nothing further (tho he 
Still Keeps me from that Warrant) of it till last March 
and then the Governor Com'enced An Action Against 
me for the Salary I had received from the 2(r" of Octo- 


ber 1736 and lays the damages att £3000. which Suit 
is not Yet come to A tryall. 

As I Acted whilst I was president all Along in Obe- 
dience to Your Lordships directions to me so now I 
humbly hope for Your protection and Assistance in 
what method Your Lordships thinks proper but a Let- 
ter from Your Lordships sigTiifying that att the time 
Coll? Morris demanded the Goverment in Oct- 1736 he 
was not then of the Council (w'^'' by M' Popples letter 
to me certainly he was not) And of Course could have 
no pretension att all to the Goverment, Such a Letter 
My Lords would be of great Service to me upon this 
tryall And of You would be pleased to favour me So 
farr I hope to receive it time Enough befor the tryall 
comes On. 

I presume to Send Your Lordships the Case Stated 
betwixt Coll. Morris and My Self relating Coll. Mor- 
ris's claim to the Goverment befor he received his 
Letters patent to be Governor of this province which 
I hope will lett Your Lordships fully into the matter 
And shall take no more of Your Lordships time up 
but to Assure You that I am with the most dutyfuU 

My Lords Your Lordships Most 
humble & most Obedient Servant 

Amboy June 9^!' 1743 John Hamilton 

The Right Hon'"^ the Lords Commissioners for trade 
& plantations. 


Letter from Samuel Gellihrand, Deputy Secretary of 
the Lords of Trade, to JoJm Hamilton — in answer 
to the foregoing letter. 

[From P. R. O. B. T. New Jersej', No. 15, Ent. Book D, p. 32.1 

To John Hamilton Esq'' Eldest Councillor in the 
Province of New Jersey. 


In the Absence of M' Hill, I am commanded by my 
Lords Commissioners for Trade and Plantations, to 
acquaint you, that their Lordships have received your 
Letter dated at Amboy the 9'^ of June 1743, by which 
you inform them, that M' Morris had commenced a 
Suit against you for the Salary you had received, as 
President and Commander in chief of the Jerseys, 
from the 20*" of October 1736, to the 23^ of June 173<S, 
Whereupon you have desired their Lordships Assist- 
ance, and they have ordered me to acquaint you, That 
from the Death of M"" Anderson on 28*!' March 173(), 
they have looked upon you to be the legal President & 
Commander in chief of the Province of East & West 
Jerse3^ and in consequence thereof, always directed 
Letters and Orders to you in that Quality, till M' Mor- 
ris took Possession of the Government, by Virtue of 
His Majesty's Commission. 

Whitehall I am Sir, 

August 23? 1743 Your most humble Servant 



Instructions from John Hamilton and Andrew John- 
ston to John Lawrence for running the Partition 
Line between East and West Jersey. 

[From Original among Papers of F. J. Paris in the New Jersey Historical Society 
Library, Package 6, No. 18.] 

Instructions to M'' John Lawrence Concerning 
the Euning the Partition Line between 
East and West Jersey. 

1^.' With this you'll Receive a Commission to you for 
Runiiig the Partition Line between East & West 
Jersey to the Execution of which you'll be sworn as 
in the Draught of the Oath on the Back thereof. 

2? You are to Employ Martin Ryerson or Gersham 
Mott or some other as an Assistant Surveyor if you 
think proper & also proper Chainbearers & Markers 
all which are to be sworn or Affirm'd truely to Per- 
form the Office you Employ them in, and to have a 
Certificate of those Oaths or Affirmations indors'd on 
the back of your Commission and Sign'd by the Magis • 
trate who Administers the Oaths or Affirmations to 
them, before you Proceed to the Work, — only in Case 
when you are on the Work by reason of Sickness or 
otherways you find Occasion to Employ more or othej- 
Persons than at first you intended, you may Proceed 
with them untill you Gome near the Habitation of a 
Magistrate & then Cause them to be Sworn or Affirm'd 
before him that they have hitherto well and truely 
Executed and that they will well ct truely Execute the 
Office you have Employed them in to the best of their 
Knowledge, and you are to Direct the Chainbearers in 
Chaining to hold the Stick they are next to Put in 
the Ground in the same hand with the Chain & within 
3 or 4 Inches of the End that they are to Push in the 


Ground & to Stretch the Cham at Setting it in the 
Ground and to Direct the Marker to Mark the Trees as 
hereafter shall be mentioned — 

3^1^ You are to Proceed to Little Egg Harbour on the 
Sea Coast with the hands by you Employ'd & there 
Ascertain the most Southerly Point of a Certain Beach 
or Island of Sand Lying next & adjoining to the Main 
Sea on the North Side of the Mouth or Entrance of a 
certain Inlet Bay or Harbour CalFd Little Egg Har- 
bour, to the Ascertaining whereof the finding the 
markt Trees of the Line run by George Keith in the 
Year 16S7, (a Coppy of whose Survey from Lib: 0. 
Page. 1. you have herewith) from that same Point 
may be Assisting to you, for in that Line that Point 
then was, & Storms may since that have altered it by 
Adding to it or washing from it, but the Place where 
it formerly was we Conceive is what's to be adhered to 
— if the Point Remain now in the Line of George Keith 
& consequently is in the same Place now where it then 
was — Then 

4thiy You are to Chain Eastward upon the Main Land 
untill the Point come to have the same bearing as the 
Course which by your best Judgm*- you Conceive you 
ought to Run for the Random Line and when it bears 
that Course, you are to Compute by numbers the Dis- 
tance to the Point, which by the bearing at George 
Keiths Line & the bearing at this Place with the Dis- 
tance Chain'd, you'll be Enabled to Do & mark that 
Distance upon the nearest Lively Tree, & in your 
Journal there also remarking the Course & Distance 
of the Tree from your Line, and then Proceed on your 
Line till you Come to the next Compleat Mile & there 
mark the Number of Miles from the Point & Enter in 
your Journal the Course & Distance of the Tree you 
mark it on from the End of the Mile in the Line, and 
so Proceed on your Line marking a Tree at the End of 
Each Mile with the Number of Miles that its distant 
from the Point. 


5*i^y But should the now Point be different from 
what it was at the time that George Keith run Then 
that Variation must arise !!' by Sand or Earth being 
added to the Point by Storms, or '~^-^' by Washing away 
the Sand or Earth, If the first has happen'd then the 
now Point is South Westwards of the Point that was 
in being in 1687, & Consequently George Keiths Line 
Continued will Cutt the Island & as you can probably 
have nothing to Direct you to know whither most was 
added on the Side towards the Sea or Side towards the 
Land, therefore the midle of the Island upon George 
Keiths Line seems to Us most rational to be Chosen as 
the Place of the Point in the year. 1687. & there a 
Signal is to be sett up, or in that Place one of your 
People is to stand still till you have Measur'd to your 
Random Line & Observ'd the Signal or that Person to 
be in your Random Line, by which you'l have the Dis- 
tance to the Signal as before, & then mark & Proceed 
in your Line as before — 

6^^y But should Storms have Wash'd away the Point 
from the Place it was in. 1687. then it stands to Reason 
that the Place of the former Point will be on the 
Water in the Mouth of the Inlet and in such Part 
thereof as wiU be Intersected by George Keiths Line 
Continued & in a Line drawn from the Northermost 
to the Southermost Points of the Inlett to which Place 
a Canoe or Periagoe should be sent & when gott into 
the true Place which as to George Keiths Line may be 
either done by Signals from you on the Shore to Go to 
the Right or Left or more speedily by takeing a Com- 
pass aboard & going between the two Points of the 
Inlett & moveing backwards & forwards till they in 
the Canoe find you on the Shore to be in the Course of 
Keiths Line, and then they are to fix the Canoe the 
best they Can in that Place by Grapling or Ropes tyed 
about Stones untill you have Measur'd to your Random 
Line & there taken your Observation to find & Com- 


pute the Distance to the Canoe which mark on a Tree 
& proceed as before 

7'*^^ As to the Course of your Random Line we Leave 
it to your Judgment to Chuse, the same being litle 
otherwise material, than that the nearer you Guess to 
the true Line, the Less will your Labom* be in fixing 
the true Line, but tho' we Leave it to your Judgment 
yet we think proper to take Notice to you that by a 
Computation which has Ix^en shown to you, made by 
Benjamin Eastburn Late Surveyor General of Pensil- 
vania of the Traverse, which is Eun by John Chap- 
man about the Year, 1721. by Order of the Council of 
Proprietors of West Jersey, the Course of the true 
Line should then have been North s? 42' West & Dis- 
tance 141** Miles but Allowing the Variation of the 
Compass to be ore Degree in 20 Years the Course now 
in 22 Years after should be N. 9° 4S Minutes West, or 
nearest N. 9f Deg' West. 

gthiy jj^ running your Random Line, you are to Re- 
mark in your Journal everything ]-emarkable in your 
way As the Trees you mark the Numbers of Miles 
upon— at the End of Each Mile, v/hither it be an Oak 
a Pine a Walnut or whatever Tree it is, your Judgm^ 
of its Diameter, whether it stands on a Riseing Ground 
& how the Ground inclines in that Place, if the Land 
be w^ell or badly Timbered there & of what kind, & 
whatever else you can Remark that can Lead you or 
others at any Time to be certain of the Tree intended 
& be sui-e to Remark it's Course & distance in 
Ch' & Links from the End of the Mile in your Line 
for its not to be Expected to find Trees often Exactly 
at the End of the Mile— 

Qthiy You are to Cause every Tree which your Ran- 
dom Line cutts to be markt with three Notches on two 
Sides & Lett the Notches be as neerlyas possible in the 
Places where the Line goes thro the Tree, & as to the 
Trees near the Line if on the Right hand of the Line 


Let them be markt with one Blaze on the West Side of 
them if on the Left hand with one Blaze on the East 
Side of them, Looking to the Line & Each with two 
Blazes on 2 Sides in the Course of the Line, and Lett 
as many of these as time will Admitt be markt so, 
and at the End of Each Mile Lett the Tree be markt 
with 3 Notches on the 4 Sides besides the Number of 
the Miles it is distant from the beginning Point— 

2(jthiy You are to Remark in your Journal the Cross- 
ing of all Brooks, Streams, Rivers with their Names if 
you know them, their Breadths, their Courses & into 
what greater River they do Vent — 

]^]^thiy ]jpQj-^ ^jjg Sight of all Houses in your Way you 
are to take their Bearings in two Places of your Line, 
and the nearer you can do it so as to make those bear- 
ings meet at the House in an Angle of 00. Deg'. 
the more certain will your Observations give you the 
Exact Place of the House, but if it be 10. or 20 Deg? 
more or Less it may do well enough, so upon the 
Sight of any other Thing remarkable near your Line 
you may fix the Place of it by two bearings as before. 

I2^m If Martin Ryerson or any Person be with you 
who knows the Corners of any Patent or Survey thro 
which your Line Runs especially those of West Jersey 
beg him to Show you that Corner thereof which will 
come nearest to 5''0ur Line & Measure to it, by which 
the Situation of that Patent or Surv^ey will be fixt in 
Relation to your Line — 

lP,thiy wr^en you have so Proceeded in your Random 
Line (makeing as few Deviations as possible & Re- 
turning to your Line as soon as you are past the ob- 
struction which Caus'd your Deviation from the Line) 
till you have come to Delaware River which its Sup- 
pos'd youl Cutt some Miles below Minisincks Island, 
and that it will afterwards go all the way thro Pensil- 
vania, in Runing of which you are to mark no Tree, 
& in Case of any Obstruction you have herewith a Let- 


ter from M!" Peters Agent for the Proprietors of Pen- 
silvania to all Magistrates to Permitt you to Proceed & 
to Protect yon — 

14*".'^' In yonr Passing thro this Province We Con- 
ceive your Commission herewith will be sufficient Pro- 
tection in so far as its made by the Authority of & 
Pursuant to the Act of Assembly af? & whoever shall 
Presume to Obstruct you will be therein guilty of a 
Misdemeanor & Breach of the Act of Assembly & Sub- 
ject himself thereby to be Prosecuted not only Crimi- 
nally by Inditement or Information & to be fin VI at 
the Discretion of the Court, but also Civilly for the 
Damages done by the Obstruction which we Conceive 
none will be so foolish as to Subject himself to — 

15"'.'^' When you Judge yourself to be abreast of the 
Station Point on Delaware & a little further, which if 
Chapmans Traverse & the Computation there be right 
should' be at the End of 141^1^ Miles added to the Dis- 
tance between the Mainland & the Point of Begining 
at Little Egg Harbour because Chapmans Traverse is 
only from the Main Land, Then are you to Go to the 
Station Point on Delaware, which youl easily find by 
the Description in the Articles of Agreement thereof 
by the Comm'? of both Divisions (whereof 3^ou have 
one of the Original Coppies herewith) & from thence 
you are to Run a Perpendicular to the Random 
Exactly measureing the Distance of that Perpen- 
dicular & also Exactly Measuring the Distance on 
the Random to the nearest Tree or Place whose Dis- 
tance you had before found, in Ordei* to find the Dis- 
tance from the begining Point to the Perpendicular — 

l^thiy You may then Come back to the Place where 
your Random Cutt Delaware & in yonr Comeing you 
may Compute the Course of the true Line & the Dis- 
tance of thereof from Each mile Tree of your Random 
Line upon Perpendiculars rais'd from your Random to 
the true Line, and for that Purpose you should Carry 


a Table of Logarithms with you in order to be Exact 
in those Computations and to find the Course by the 
Logarithms the Rule is this — As the Distance from the 
begining to the Perpendicular: is to Radius :: so is the 
Perpendicular to the Tangent of the Angle of the 
Difference between the Course of the Random and the 
true Course, which Difference if the Random faU on 
the West Side of the Station Point is to be Substracted 
from the Course of the Random, but if on the East 
Side is to be added to it, & the true course is thereby 
found. Another method without Logarithms may be 
this, as the Distance added to half thereof : is to 86 :: so 
is the Perpendicular, : to the Difference of the Courses — 

The Integers if any be in the Answer are Deg' the 
Rest of the Answer is Decimals of a Degree, which are 
to be Reduc'd to Minutes by this Proportion as, 100: is 
to the Decimals :: so is 60: to the Minutes. 

This Rule by 86. is not absolutely true but in small 
Angles as in this Case comes Extremely near the 
Truth, & may be Used to See if no Error be in your 
Logarithmick Tables. 

Then to find your Perpendicular from your Random 
where it Cros'd Delaware you may Use this Proportion, 
as the whole Distance: is to the Perpendicular from 
the Station Point:: so is the Distance from the begining 
to Delaware: to the Perpendicular at Delaware, Which 
distance being Sett of brings you to the true Line there. 

To find the Perpendiculars at the Ends of the Mile 
Trees — find by Computation by Last Rule the Perpen- 
diculars at the End of two of the Mile Trees & Sub- 
stract the Least from the Greatest & the Remainder 
is the Difference, or the Perpendicular at one Mile 
from the begining, which being added continually 
gives the several Perpendiculars, but to be Exact you 
you should have that Difference to the thousandth 
Part of one Link. 

17"ll^' When thus you have found your true Course 
and Perpendiculars, you'l See whether it be Easyest to 


Eiui & mark down the true Line from Delaware, Or 
to Sett off your Perpendiculars at the End of Each 
mile if your Random fall very wide of the Station 
Point the iirst will be the Easyest if you fall within 
half a Mile of the Station Point, then the Last way by 
Setting of the Perpendiculars will be Easiest, & still 
Easyer the further you come down, If you Chuse to 
run down the true Line then Lett the Line Trees be 
markt with Your Notches on two Sides where the 
Line cutts them, and the Trees near the Line with 3 
Blazes on 2 Sides parallell to the Line & one Blaze 
Looking to the Line, and at the End of Each Mile 
Plant a Stake & Raise a Heap of Stones about it, & 
upon the nearest tree mark the Number of Miles 
as on the Random, Observing the Course & Distance 
from the Heap of Stones to the tree, & what Tree it is 
&c as in the 8*'' & 10"' Instructions, & marking the 
Tree also with four Notches on four Sides. 

18*".'^ If thus you run down the Line you should at 
the End of Every five or six Miles measure the distance 
to the Random to See if it Agrees with the Computed 
Perpendicular at that Place, which for want of more 
accurate lustrum'? you'l always find to vary some 
Links, which an Extreme small Inclination — will from 
time to Time Correct, but should you neglect thus to 
Compare & amend those Errors might grow consid- 

19"'.'^ If you Chuse to Sett off the Perpendiculars 
from the End of Each Mile of your random, Then at 
End of the Perpendicular Plant a Stake & make a heap 
of Stones around it & mark a Tree with the number you 
Came from on the Random &c, as in the 17'" Instruc- 
tion, and at the heap of Stones Sett the true Com\se of 
the Line, & mark at Least one Tree forwards & 
another backwards in the Line with -t Notches on 2 
Sides & the Side Trees in the Way to those two with 
Blazes as in 17"' Instruction. 


2o*!^> When you have Carryed the Line down to 
the Barrens below Crosswicks we think you need not 
Carry it farther because the true Line comes there 
very near to the Random, and we think the Ran- 
dom, with the Length of the Perpendiculars at Each 
mile Tree will be sufficient for the remaining Part. 

21. When you have thus finish'd that Work you are 
fairly to Lay down on a Map the Random & true 
Lines with all the Things you Observ'd in their true 
Places, and make Return to Us of the Map and a 
Copy of your Field Work in Order for forming such 
Certificate of the Work agreeable thereto, as may be 
proper to be Recorded, you are also to Return your 
Commission in Order that it may be Recorded with 
that Certificate, and also the Original Agreement 
& of the Station Point herewith given You. 

John Hamilton. 
Andrew Johnston, 

Letter from Governor Lewis Montis, of Neiv Jersey, 
to Governor George Clinton, of Neiv York. 

[From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. A, p. 123. ] 

Perth Amboy October 22^^ 1743. 

* * vr r> J herewith Send you Coppys of the 
representation of the Proprietors of this province con- 
cerning the runing the Division Line betwixt tliis 
Province and New York, and of a petition of Some of 
the Inhabitants dwelling nigh where the Said Line is 
Supposed will run, complaining of abuses by some of 
the Inhabitants of New York; It is necessary that the 
Lines Should be run as Soon as may be, and untill that 
can be done, Some measm-es Should be taken to dis- 


courage the proceedings complained of, which, unless 
done, will probably be attended with consequences, 
dangerous to the publick peace in those parts: and tliis 
I very much hope that your Excellency, by your 
orders to the Inhabitants of that part of the province 
of New York under your Government will endeavour 
to prevent; which is all I shall at present Say upon 
that head. * - * * 

Petition of Abraham Vanake^i and Juriam Westphale 
to the Governor and Council of New Jersey — 
relating to disturbances on the Northern boundary 
of the Province. 

[From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. A, p. 12!).l 

To HIS Excellency Lewis Moeris Esq"* Cap- 
tain General and Governor in Chief in and 
over his Majesties Province of New Jer- 
sey and Territories thereon depending in 
America and Vice Admiral in the Same 
&c And To his Majesties Council for 
the said province. 

The Petition of Abraham Vanaken and Juriam 
Westphale, in behalf of themselves and many other of 
the Inhabitants of the province of New Jersey living 
in and near to Minisinks Island in Delaware River 
Humbly Sheweth 

That by the original grants of tliis province of New 
Jersey, the Same was to be Bounded on the North by 
a Streight Line between it and the province of New 
York Extending from the Latitude of 41" on Hudson's 


Eiver to the Latitude of forty-one degrees and forty 
Minutes on the Northermost Branch of Delaware River 

That by one Act of Assembly of the province of 
New York pass'd in the year 1717, and by another Act 
of Assembly of the province of New Jersey pass'd in 
the year 1718-9 Commissioners and Surveyors were to 
be appointed as therein directed for Runing and Ascer 
taining the said partition line by Mutuall Consent and 

That in the year 1719 Commissioners & Surveyors 
for the Said provinces Respectively were appointed 
pursuant to the directions of the Said Acts for Run- 
ning and Ascertaining the Said Line of partition by 
mutual consent and agreement, and in the months of 
June and July 1719 they met together for that purpose 
on Delaware River and discovered the Noi'thermost 
Branch of Delaware River to be that Branch thereof 
called the fish Kill, and after Many observations of the 
Latitude made on that Branch it was unanimously 
agreed that the Latitude of 41? 40/ was in the Indian 
Town called Cashieghtonk on the Said Branch of Dela- 
ware, which Indian Town is upwards of forty Miles 
above Minisink Island aforesad, and accordingly the 
Said Commissioners and Surveyors unanimously Exe- 
cuted Indentures under their hands and Seals Ascer- 
taining the place aforesaid in the Said Indian Town to 
be the North jDoint of the Said partition Line between 
the provinces of New York and New Jersey. That 
the Said Commissioners and Surveyors thereupon did 
direct a Line to be run and mark'd from the Said 
North partition point, as near as their Judgment could 
direct them, to the Latitude of 41" on Hudson's River, 
which Line was in the Said year 1719 run and mark'd 
accordingly and the Surveyors of both provinces Mett 
at M'' Corbett's near Tapan, where they took many 
observations in order for Ascertaining the Latitude of 
41!' upon Hudson's River, and for disco veiing whether 
the Said Line So Run and mark'd as aforesaid, did in 


any thing and in what differ from the Trne pai^tition 
Line; but for what cause your petitioners Know not, 
the Same Latitude upon Hudson's River remains as 
yet unascertained, as does also the Streight Line of 
partition between the Said points of Latitude upon 
Hudson's River And Delaware River, if the Same 
Should be found in any thing to Vary from the Line 
run and mark'd as aforesaid. 

That your petitioners and their Neighbours hold 
Lands in and about Minisinks Islands by Titles under 
this Province, and many of them have been possessed 
thereof under those Titles upwards of twenty years 
and some of them near forty years. 

That there's So httle probability that Minisinks Island 
can fall into the province of New York by the True 
Partition Line when Run, that your petitioners doubt 
not to prove that a Streight Line drawn from the 
Said partition point upon Delaware, to perth Am- 
boy, will leave the Said Minisink Island to the West- 
ward, and consequently that Perth Amboy and above 
one half of East New Jersey will be more in danger 
of falling into New York by the true partition Line 
when run, than the Said Minisink Island and Lands 

And your petitioners humbly Beg leave further to 
Show that Notwithstanding their and their Neighbours 
titles and long possession under the province of New 
Jersey and the Said unprobabihty of their falling into 
New York by the true partition Line when run, yet 
have they been frequently taxed as inhabitants of the 
County of Orange in the province of New York, and 
those Taxes levied by the officers of the Said County, 
many miles within this province with Such circmn- 
stances of cruelty and injustice as we believe are 
hardly to be parallell'd, of which your petitioners can 
give variety of Instances. 

That Soloman Davis one of the Inhabitants of Lands 


adjacent to Minisink Island, and one of his Majesties 
Justices of the peace for the County of Morris, was 
Indicted by the Grand Jury of the County of Orange 
for Acting as a Justice of the peace within their Coun- 
ty, when in Truth the place where he Acted was, and is 
as your petitioners Conceive, Several miles within this 
province, upon which Indictment the Said Davis was 
fined forty pounds and to Keep himself out of prison 
was oblidged to Give his Bond, and has since paid the 

That your petitioner Vanaken having the honour to 
be Named in his Majesties Commission of the peace 
for the County of Morris, Issued a warrant against 
Johannes Westbrook Jun' and Peter Gomar for Break- 
ing into a house in the Night: upon which they 
were taken & Bound over to Morris County Court: 
Soon after which, CoU: Vincent Mathews of Orange 
County, Came to Perth Amboy, and under pretence of 
Keeping the peace nigh the Hne of division Between 
this province and that of New York he entered into an 
Agreement with Joseph Warrell Esq^ Attorney Gen! 
which was that those people at or near Minisink who 
are inclined to be under the Government of New Jer- 
sey Should Signify it, by Signing a paper prepared f oi- 
that purpose: and those who inclined to be under the 
Government of New York Should also Signify it by 
Signing a paper, as above, and that no power Should 
be Exercised over a,ny person but by the officers of 
the Government under which he had chose to be: 
Upon this Agreement M' Warrell discharged the 
two persons Bound over as aforesaid. And your peti- 
tioners have been Informed, and Verily believe that 
the Agreement above Sett forth, was entered into by 
Coll Mathews with no other intention than to get the 
two men discharged that were Bound over as afore- 
said : and not with any real intention to preserve the 
peace as was pretended: for your petitioner Vanaken, 


for taldng the Subscriptions in pursuance of the Said 
Agreement, was apprehended by the Deputy Shei-iff of 
the County of Orange, at a place Several miles within 
this province,, and was carried to prison at Goshen, 
where he Remained twenty four days. And your Said 
petitioner was lately Arrested in Morris County on a 
process out of Orange County Court for nineteen 
pounds at the Suit of Johannes Westbrook Jun'' and 
Carried to Goshen Goal, where he Eemained a prisoner 
for Eight days, and then was obliged to Give Bail to 
the Action, and to Give a Note of hand to the Sheriff 
for thirty Shillings. 

That Isaac Scovenoven one of the Constables of Mor- 
ris County, and your petitioner Jurian Westphale, and 
Several others the Said Constables Assistants in Serv- 
ing a warrant from your Petitioner Vanaken, are 
Severally Arrested in Morris County, on process Issu- 
ing out of Orange County County Court for nineteen 
pounds, at the Suit of Johannes Westbrook Jun' wiio 
does not pretend to have any cause of Action against 
the Said Constable or his Assistants, but their having 
Executed the Said Warrant on him. 

That Johannes Hoghtelen one other Constable of 
Morris County (for what reason your petitioners know 
not) had his horse Shott under him within Morris 
County, Sundry of his Goods taken from him, and 
himself Committed to prison at Goshen where he has 
been four weeks, and Still remains there in close con- 

May it therefore please your Excellency and his 
Majesties Council to take the heavy Grievances under 
which your petitioners and their Neighbours do labour, 
as aforesaid into your Consideration, and to Afford 
them Such Relief as may put a Stop to the hke Griev- 
ances for the future until such time as the partition 
Line between the Said provinces Shall be finally run 
and Ascertained; and that the said Line may be run 


as Soon as possible in order that an end may be there- 
by put to the like Grievances afterwards, and your 
petitioners as in duty bound Shall every pray. 
[October 1743] Abraham Vanaken 


Report of Chief Justice Bobeti Morris to the Board 
of Proprietors of East Jersey— concerntJig the 
Northern Boundary. 

LFrom Papers of F. J. Paris in New Jersey Historical Societ3' Library Vol. A, p. 137. J 

Mr. Morris Informed the Board that on the twenty 
fourth day of October he waited on Governor Clinton 
at New York, & deUvered him a lettei' from Governor 
Morris, which inclosed a Coppy of the Petition of 
Abraham Vanaken and Jurian Westphale to the Gov- 
ernor and Council of New Jersey, and coppies of two 
Memorials from the Council of Proprietors of the East- 
ern Division of New Jersey' to Governor Morris con- 
cerning the Partition Line between New York and 
New Jersey. Upon Gov!" Clintons Reading the Let- 
ter and papers he said it was necessary the Line 
Should be run and Settled, & that Some Steps Should 
be taken to preserve the peace & till that could be 
done: Lieutenant Governor Clark, who was present, 
Said there would be no way of preserving the 
peace but by runing the Line. Governor Clinton 
then told Said Morris, that he would take the Matter 
into Consideration, and on Said Morris's return from 

' The memorials are on pages 138 and 144. In an affidavit referring to these memo- 
rials, made by Chief Justice Morris in September, 1718, he draws attention to the fact 
that, one of them was not from the Council of Proprietors of East Jersey, but was 
composed of Committees from the two Councils of East and West Jersey.— Ed. 


New England, where he was then going, he would 
Lett him know more of his thoughts on the Suhject. 

Mr Morris farther informed the Board that on the 
2S'.'' of October he Returned to New York from New 
England, and waited on Governor Clinton to know 
what Resolution he had taken Concerning the Line 
of Partition; who Informed him, that he had Con- 
sulted Chief Justice Delancey upon the head, and 
Desired Said Morris to Give a meeting to Mr Delancey 
on that affair. 

On the 29*^'' of October in the Morning the Said Mor- 
ris spoke to Chief Justice Delancey, who desired a 
meeting that evening, and Said he would give Notice 
to Some of the people Concerned in Lands on that 
Line to attend, and desired Said Morris to give Notice 
to some others. Accordingly a Meeting was had that 
Evening at Todd's The persons present were. Chief 
Justice Delancey, M'" Lewis Morris Jun" M'' William 
Smith, M'" John MJ^Evers, M"' Robert Batsey, and the 
Said Morris. 

The occasion of the meeting being opened, W. M- 
Evers Began, by Insisting that the Station points on 
Hudson's & Delaware Rivers had been fixed in the 
year 168(> by the Consent of Both Governments, but 
that the Line had nevei' been run. That the people 
who held Lands under a Jersey Title to the North- 
ward of those points were ordered to out patents 
from New York, and that patents were Granted, not 
only to those who had Jersey titles but to otliers for all 
the Land to the Northward of those points So fixed on 
Delaware and Hudson's River, and had been possessed 
ever Since under those titles. Said Morris then 
observed, that it was incumbent on him to Show 

1 who the persons were that had fixed those Stations. 

2. what Authority they were Vested with for that 

3. who gave them that Authority. 


4. That the persons appointing them had power to 
Dispose of the Lands on each side of the Line. 

5. That the persons So appointed and impovvered 
Did fix and agree upon the Station points. 

6. Where those Station points are, that were So 
fixed & agreed on. 

In answer to these M- M^Evers produced and read a 
Letter from Governor Hamilton to Governor ffietchei', 
which is Said to be wrote at the Request of the Coun- 
cil of proprietors, and mentions the Station on Hud- 
son's River to have been fixed by the Surveyors of 
both provinces, west from Phillipse's Lower Mills, he 
also produced and read part of the Act for Rmiing 
the Division Line between East and west Jersey, and 
insisted that the Course of that Line from Little Egg 
harbom- was to be N. 14° : 20' W. which he said 
would run to the Station point in the North Branch of 
Delaware which Was laid down on a Map produced 
by him: But appeared to be the Westerly Branch of 
Delaware, which in that Map is Made a large River 
Runing North, and a Line is drawn from that Branch 
to Phillipse's Mills which falls to the Southward of the 
Minisink Island. Then Said Morris further informed 
the Board, that from the Little Knowledge he had of 
the Scituation of the Country Laid down in that Map, 
he Judged it to be a very unjust one, and imagined it 
made on purpose to deceive the persons Concerned in 
Lands on that Line, and to tempt Ignorant people to 
purchase Jersey Lands from New York patentees. 
The Said Morris then produced an original Indenture 
Executed by the Commissioners and Surveyors of 
Both provinces, pursuant to the Acts of Assembly of 
the respective provinces. By which Indenture it ap- 
pears that the Commissioners and Surveyors agreed 
on which was the North Branch of Delaware and, 
fixed the Station point upon it. He also produced an 
Original Map made by Allan Jarratt, who was the 


General Surveyor for the province of New York, and 
Assisted in fixing the Station point on Delaware, and 
was also one of the parties to the Indenture produced, 
this Map Contains great part of Jersey, part of the 
River Delaware, the Station point thereon, the Ean- 
dom Line, and part of Hudson's River: and insisted 
that the agreement mentioned in that Indenture, and 
the Station then fixed would certainly Stand Good 
unless they could show a fixing prior to that, done 
by persons having authority which he imagined they 
could not do. To this it was Answered; that the Com- 
missioners on the part of New Jersey were all Con- 
cerned in interest, and those on the york part were 
ignorant of things of that Kind, that the Instrument 
was Bad; And many other arguments were used 
against that Settlement. M'' M'^Evers Grew very 
warm, and declared he had Sold the Lands down to 
what he looked upon to be the division Line, and had 
received the money, and never would agree to any 
other Line. M' Smith Said there was great force in 
M!' M'rEvers's Arguments. The Chief Justice levelled 
all his Arguments against the Station point on Del- 
aware: he being there most Concerned, At last M." Mr- 
Evers produced a Copy of the Jersey Boundaries; 
which furnished the C^hief Justice with another Argu- 
ment, by which he would confine the Jersey proprie- 
tor's to the forks of Delaware, and from thence by a 
Strieght Line to the Latitude of 41" on Hudson's Riv- 
er. After this there was much talk to little pui-pose, 
when they agreed to Meet again, and Let the Council 
of proprietors know their Resolutions. 

From the whole of M.'" M'iEvers's Conduct at that 
Meeting, Said Morris could not but conclude that he 
was against runing the Line at all. 


From John Hamilton to the Lords of Trade — acknowl- 
edging letter of Secretary Oellihrand of August 
2M, 1743. 

[From P. R. O. B. T. New Jersey Vol 5, F 56.] 

Letter from M"" Hamilton, Eldest Councillor in 
New Jersey, acknowledging the Eeceipt of 
a Letter, by the Board's Order, dated y^ 
23''.^ of August. 

Amboy y^ 15'.^ of May, 1744 

Mij Lords. 

I have the honor of a Letter by Your Lordships 
directions from M' Gellibrand the :23? of Aug^ last in 
Ansv^er to My Letter of the 9"^ of June 1743 and 
return Your Lordships the Most Sincere and hearty 
thanks for Your goodness and Justice in giving so 
favourable An Answer. 

M' Morris held An Assembly here last Winter and 
tho we Saw One Another Every day Yet had no dis- 
course On that Subject nor has he Since (as I can 
learn) given Any directions about bringing the tryall 
On So that I hope I shall trouble Your Lordships no 
farther upon this head 

I am with the greatest Duty My Lords Your 
Lordships Most Obedient and Most humble Servant 

John Hamilton 

E- Hon^J® Lords ('om-* for Trade & plantations. 


Particulars of the Excomiinuncation of a Chief Jus- 
tice i)} Peniisjilvania. 

[From p. R. O. America & West ladies, Vol. XHL p. 87. 1 


To the 
New- York Weekly Post-Boy.^ 

To the Printer of the New-York Weekly Post-Boy. 

About the Middle of October last, T carried the 
inclos'd Paper to one of the Printers at Philadelphia, 
who at my Request, promis'd to give it a Place in his 
News-paper, within a Week or two at the farthest. 
After it had lain with him a considerable While, I 
wrote to him I was informed he had decUn'd printing- 
it: In Answer to this, he tells me, I was misinfornrd, 
for that he had not declin'd printing it, luit only post- 
pon'd it for prudential Considerations. On this Delay, 
a Friend of mine in Town applied to another Printer 
of a Weekly Paper, and he undertook to insert it in 
his next; but he also decliii'd it; and now no Printer 
in Philadelphia can be prevailed on to print it,^ — for 
prudential Considerations I don't doubt I As this 
extream Caution of the Printers is very unusual, I 
expect that the ReUgious Party, who are principally 
concern'd in the Consequences, have interested them- 
selves in the Suppression of it. And I am the more 
confirm'd in this Opinion from their frequent Attempts 
of being witty on its not being printed. As the Publi- 
cation of it is intended to expose Church Insolence and 
Religious Tyranny, and it is presumed your Situation 

> Forwarded by Gov. Morris under date of 10th June.-See Papers of Lewis Mor- 
ris, page 192, for some account of the circumstances.— Ed. 


exempts you from all Danger of the Practices of these 
People; your inserting this and the inclos'd in your 
next Post-Boy, will be acknowledged by Yours, 

Samuel Chew. 

There is not any Thing more generally professed 
amongst Protestants, than Charity and Toleration. 
New Sects, so long as they stand in Need of Tolera- 
tion, never fail to preach it up, and are able clearly to 
prove, that Matters of Judgment and Opinion not 
being under the Power and Direction of the Will, 
ought to be left free and unmolested to all Men: But 
once established and confirm'd, we too often find, that 
those very People who have contended for Liberty of 
Conscience and universal Toleration, soon become more 
clear-sighted, and i^lainly discover the Necessity of 
Uniformity in Matters of Religion, arrogate to them- 
selves a Right to prescribe to others, and even assume 
a Power of Exclusion from God's Mercy, those who 
differ from them in Opinion. Instances from diverse 
Protestant Persuasions might be brought to evince the 
Truth of what is here asserted; but I know none more 
remarkable and surprizing, than that of the People 
called Quakers: It is well known, that they were at 
their first Appearance, an humble, patient, self-deny- 
ing People; that they preached up Charity, Forbear- 
ance, and Brotherly Love; commended all Men to a 
certain inward Principle or divine Teacher, placed in 
their Breasts, to be the Sole Guide and Director in 
Matters of Faith and Religion: They not only dis- 
claimed and zealously condemned all kind of Force 
and Coertion upon the Consciences of others; but bore 
Persecution themselves with an astonishing Firmness. 
This Spirit of Peace and Charity they maintain'd as 
long as they had Occasion for it, that is, so long as 


they were oppressed and persecuted: But having once 
got a little firmer Standing, and some Eeputation in 
the World, upon the score of their moral Conduct and 
inoffensive Behaviour, they began to display them- 
selves, and not only exact from those of their own 
Community a strict Conformity to Rules and Disci- 
pline, but setting themselves above that Light which 
they had recommended to all Men as the only Guide, 
they set up such Right to judge others for Matters of 
Opinion, as was by no Means reconcileable to that 
Principle of Religious Liberty upon which they first 
set out: Hence Papers of Condemnation and negative 
Punishments came into Use amongst them: These 
indeed were at first introduced against Misbehaviour, 
and as Censures for an Immoral Conduct, which was 
so far right and commendable; but in process of Time, 
having grown rich and powerful, and forgetting that 
they were once a poor despised Remnant, the despis'd 
People of God, and the People in Scorn called Quakers, 
they extend their Jurisdiction, and Carry their Claim 
so high, as for Differences even concerning speculative 
Matters, to exclude Persons from their Society, with 
hard Names, and other Marks of Bitterness, worthy 
the Pope himself. This I believe, however, has been 
carried higher in the Province of Pennsylvania, and 
its Territories, than in any other Parts of the King's 
Dominions; but for no other Reason that I can guess, 
than that they are there admitted to more Rule and 
Power in the State, than they generally enjoy in other 
Places. Was I to stop here, I should doubtless be 
taxed with great Injustice, and a Clamour would be 
rais'd against me. for asserting what I was not able to 
prove: To evince therefore, the Truth of what I have 
aUedg'd, I siiall here insert a Copy of one of their Bulls 
of Excommunication. But for the Information of the 
Reader it will be proper to preface it with a short 
Account of the Matter that occasioned it. The Gov- 


ernor had recommended to the Assembly of Pennsyl- 
vania, consisting chiefly of Quakers, the putting the 
Province into a Posture of Defence, upon account of 
our War with Spain: The Assembly, to justify their 
Refusal to comply with the Governor's Proposal, 
assert the Unlawfulness of War to Christians in gen- 
eral, and enter into a long Dispute with him about it. 
The Assembly of the Lower Counties however, where 
the Quakers were the Minority, did at the Instance of 
the Governor, pass a Militia Law, and therein, besides 
the Directions for disciplining the People, made Pro- 
vision for Arms, Ammunition, Colours, Drums, &c. 
The Quakers us'd great Endeavours to defeat the End 
of this Law, by prepossessing and prejudicing the 
People agamst it, and raising a false Clamour, that it 
was contrary to their Charter of Privileges, &c. The 
Chief Justice of the Lower Counties, tho' a Quaker, 
happen'd to differ in Opinion, with the Generality of 
his Brethren, concerning the Law^fulness of Defence; 
and apprehending it necessary, for his Majesty's Ser- 
vice and the good of his Country, that some Mistakes 
concerning the Lawfulness of Arms shou'd be removed, 
thought it his Duty to enter into the Controversy, and 
took an Occasion of doing it in a Speech deliver'd from 
the Bench to a Grand Jury. This Speech was imme- 
diately printed at the Request of the Jury: The Qua- 
kers took great Offence at it, but never vouchsafed to 
answer it, but had the Presumption, however, to call 
the Magistrate to a severe Account for this pai't of his 
Behaviour in the King's Court, and in the Discharge 
of his Duty; and because he could not alter his 
Opinion, or, contrary to his Judgment, basely prevari- 
cate, and condemn what he had done, they erect them- 
selves into God's Vice-gerents, and in order to intim- 
idate other Magistrates, not only exclude liim then- 
Society, but, in Effect, pronounce him to be out of 
God's Mercy, to want Humility, or in other Words, to 


be in a State of Damnation. But take the precious 
Memorial m their own Words. 

^^ "Whereas Samuel Chew of Kent Couuty, on Dela- 
^ ware, was educated amongst us the People called 
Quakers, and has owned himself in a Public Manner 
"to be a Member of our Rehgious Society; yet not- 
withstanding he has appeared in print, contrary to 
'I the good Order estaWished amongst us, for preserv- 
^^'ing of Unity in our Society, as also contrary to our 
" profess'd Principles and practices, in relation to Mili- 
'Hary Performances; which may be seen in a printed 
"Book, called. The Speech of Samuel Chew, Esq- 
^'^' dated November 21. 1741. These Things appearing 
''m publick View, we thought it our Duty to treat 
" with him in a friendly Manner, in order to bring him 
'I to a Sense of his Error; but could not prevail with 
him to retract any Thing of what he had done; There- 
"fore as we cannot own the Work, we think it need- 
le ful to disown the Author, and do hereby declare, 
"that the said Samuel Chew is no Member of our 
"Religious Society, until he find Mercy with God. and 
" walk in Humility before him, and his Practices bet- 
"ter correspond with our Principles; which that he 
" may, is our sincere Desire. From our Monthly Meet- 
"ing of Duck-Creek, held at Little Creek the isth Day 
" of the 8th Month. 1742. Signed in and by Order of 
" our said Meeting, by 

William Hamans, 



Speeches of Governor Morris to the General Assembly, 
with the Assembly's Address, etc. 

(From P. R. O. B. T., New Jersey, Vol. V, F 70.] 

The Speeches of Govf Morris to the Assembly of 
New Jersey at Burhngton, y^ 22? [23?] June 
1744, with their Address & Message to him; 
and some Observations from the Votes of 
the s^ Assembly. Rec^ May y" 28*^ 1745 

Saturday, June 23, 1744. 
His Excellency came to Council, and having 
commanded the Attendance of the House 
of Assembly, opened the Sessions with the 
following Speech. 

Gentlemen of the Council and Assembly. 

The Accounts we have had for some time past from 
Europe, give us Reason to believe that a War with 
France was to be expected; for which Reason I made 
short Prorogations of the Assembly of this Province, 
that I might soon meet them after receiving certain 
and authoritative Information that War was declared, 
which I have not long since received; and his Majesty's 
Declaration of War is made pnblick, and consequently 
the Necessity known, of putting this Province into as 
good a posture of Defence as we can, to prevent any 
Damage from any Attempts the Enemy may make, 
either by Sea or Land, and to enable us to give all the 
Assistance in our Powe]' to our neighbouring Prov- 
inces, should they stand in need of it, and I am com- 
manded to give upon any such Occasion. 

I have more than once recommended the Passing a 
Law for the better Regulating of om* Militia, which I 


believe 3^011 are not ignorant is not in so good Order as 
probably it might have been, had the Laws been more 
strict; or, even loose as they were, had the Officers 
done their Duty in making Distresses where they were 
by Law required. 

I have received a Petition from the Lieutenant and 
other Officers about Trenton, against their Oaptain for 
his Neglect in that Particular, which the Captain has 
confess'd; and owns tome, that these Distresses would 
have amounted to about One Hundred Pounds: But 
urged in his Excuse for the Breach of his Duty, his 
being compassionate. 

The Money Arising by these Distresses I think) is to 
be applied for the Use of the Poor (tho in my Opinion 
not the most proper Application) and had they been 
levied, the Poor, at least, would have had some Bene- 
fit by it; and probably the Persons neglecting their 
Duty more cautious of offending for the future, and 
consequently better skilled in the Performance of what 
the Law appointed their Meeting for, and the Dis- 
tresses for neglecting what was thereby directed: But 
seems not intended to give a discretionary Power to 
the Officer of making Distresses or not, thereby evad- 
ing the whole Intent of the Act, and exposing those 
ready and WilHng to do their Duty, to the Scorn and 
Derision of those who must, if at all, (under God) be 
protected and supported by their doing so. 

I suppose the Uke Compassion (or something worse) 
hath prevail'd in the Countif^s of Burlington and 
Gloucester; for I have not heard of any Militia Com- 
panys meeting in either of those Counties; and have 
Reason to believe, that men tolerably qualified to ex- 
excute Mihtary Offices, are prevail'd on to decline ac- 
cepting of them; or when accepting, to neglect per- 
forming the Duty of them. 

Things of this Nature should not be in this Condi- 
tion, because dangerous to the Publick Safety, and 


especially in this Time of Wai', with an Enemy who is 
too well inform'd of the Circumsfances we are in; and 
(if we do not take some effectual Methods to alter 
them) wants neither Knowledge nor Inchnation to 
make use of them to our Disadvantage. 

I have more than once spoke to you on this Head, 
and the last Time we met I laid before you a Letter 
from the then Lords of the Regency, "Directing me 
"to employ the most effectual means for putting this 
"Colony into the best Posture of Defence that should 
' ' be possible, and to be constantly upon my Guard 
" against any Surprize from any Quarter whatsoever." 
And a Second wherein they further direct me, "To 
"put the Forces belonging to this Province into such 
"a Condition, as to be able not only to repel the 
' ' French Forces, if they should attack this Province, 
"but likewise to be in a Condition, if it should become 
"necessary, to attack them." What Effect these 
Letters had on your Consultations you only can tell. 

In what Condition we are at present to do either, is 
not unknown to most here; but that we Should be in 
as good a Posture of Defence, on this Occasion, as we 
can be, I suppose will not be denied by any Friend to 
the present Government. I therefore heartil}" recom- 
mend to you the Passing Such Laws as will render our 
Militia useful and effectual for our Defence, and that as 
soon as possible: because we know not when nor 
where we shall be attacked; tho' we are not ignorant 
where it is not unlikely we may: And whether some 
Fortifications be not needful, I refer to your Consider- 

There will be Occasions of Watches in more places 
than one, and probably of often Expresses; and if it 
should be needful to march or transport Forces either 
for our own Defence, or in Pursuit of an Enemy, or 
for the Assistance of our JSTeighbours, Care should be 
taken for Provisions, and Transports for them at the 


publick Charge: And there wiU be a Necessity of often 
Meeting the Council, which should not be made a Bur- 
tnen to them. 

I should rather this Meeting had been at a Season of 
the Y ear when your Attendance on your private Affairs 
could have been more easily dispens'd with, would the 
Cu'cumstances of Things have admitted it. But since 
Thmgs of this kind have been formerly postponed 
and will at present admit of no Delay, I recommend 
the utmost prudent Dispatch to you, that the Season 
of the Year may prove as httle inconvenient to you as 
possible. And I pray God direct your Consultations. 

Lewis Morris. 

Wednesday, June 27, 1744. 
The House of Assembly, in Answer to the above 
Speech presented the following Address to 
His Excellency. 

To his Excellency Lewis Morris, Esq; Captain 
General and Governor in Chief in and over 
His Majesty's Province of N"ew Jersey, and 
Territories thereon depending, in America, 
and Vice Admiral in the same, &c. 

The Humble Address of the General Assembly 
of the Colony of New Jersey, in General 
Assembly Convened. 

May it please your Excellency. 

We his Majesty's dutiful and loyal Subjects the 
Representatives of the Colony of New Jersey, beg 
leave to thank your Excellency for the Care you have 
taken to so order the Prorogations of the General 
Assembly, as that upon any Emergency their Meeting 


might be suddeii and answer the Purposes you are 
pleased to mention. 

Upon your Excellency's Recommendation to the 
Passing a Law for regulating our Militia, we have 
carefully and deliberately considered the Act, entitled, 
An Act for the Settling the Militia of the Province of 
New Jersey, in all its Parts, and Ave are humbly of the 
Opinion, that as it now stands, it not only sufficiently 
provides for the settling of a Militia and watches in 
this Colony, but also enables your Excellency to give 
what Assistance the Circumstances of this Colony will 
Admit of, to any of our neighbouring Colonies that 
may want it. 

The executive Part of the Law we humbly conceive 
to be lodg'd in your Excellency: And those Military 
Officers whom you have or shall appoint, that neglect 
their Duty, are accountable to you, with whom the 
Powers requisite to superintend them are invested. 

Had your Excellency pointed out who they are in 
the Counties of Burlington and Gloucester, that take 
upon them to prevail with men tolerably qualified for 
military Offices, not to accept of them, or when 
accepted, to neglect performing their Duty, we should 
not have been wanting to join in the Examination of 
their Conduct; but as no such Information hath been 
brought to us, their Cases seems not to be our imme- 
diate Business. 

As heretofore the loyal Assemblies of New Jersey 
have cheerfully granted Assistance to the utmost of 
their Ability upon any Emergencies. So your Excel- 
lency may be assured, they will always readily do their 
Duty in providing for the necessary Expences that 
may be occasioned by summoning the Forces together 
according to Law, for repelling any Force that may 
invade us at Home, or for the Assistance of our Neigh- 
bours, or indeed upon any necessary Occasion whatso- 


What further remains to be considered on tliese 
Heads, we hope your Excellency will permit us to 
consult our Constituents upon. It is now Harvest 
Time, and many of the Members being from Home, is 
very Disadvantageous to them. A Recess till the usual 
Time for doing Business, we humbly conceive cannot 
be prejudicial to the Publick: Nor any Business that 
could now hastily be done, so well answer the good 
Ends your Excellency has in View. 

It is both our Duty and Interest to provide for the 
Safety of this Colony, by putting it into the best 
Posture of Defence we are capable of doing. This in 
the Time of our Recess, will become the Subject of our 
Consideration; and at our next Meeting, if we can think 
of any thing that will be further serviceable to the 
Colony, we shall then take it into our most serious 
Consideration, and make Provision accordingly. 

Several of the Members ] 
being of the People called I 
Quakers do agree to the | ^^ Order of the House, 

Matter and Substance of 

the above Address, with a. Johnston, Speaker. 

the usual Exception to the 


Friday, June 29. 

His Excellency made the following Speech to 
the Assembly. 

M': Speaker, and Gentlemen of the Assembly; 

When I Spoke to you last from this Place, I gave 
some Instances which I conceived shew'd plainly 
enough some of the Deficiences in the Militia Act. 
The first was of one of the Captains who had not made 
any of the Distresses appointed by that Act to be made 


upon the Persons not complying with the Directions 
of it; and which by his Confession of the Thing, and 
owning the Value of what he believ'd the Distresses 
would have amounted to, shew'd the Instance given 
to be true; and consequently that such a Number of 
Men, whose Defaults would have amounted to so large 
a Sum as One hundred pounds, had not been trained, 
as by that Act was directed they should have been; 
and therefore, probably, not so knowing in the Per- 
formance of what the haw appointed them to be 
trained for, nor so useful as they might have been, 
had the Law been more strictly put in Execution. 

I mentioned to you, that all the Excuse he made for 
the Neglect of his Duty (or what I conceive to be so) 
was his Compassion: But that the Law seemed not to 
intend to give a discretionary Power to the Officer to 
make Distresses or not, thereby evading the whole 
Intent of the Act. 

I am still of the same Opinion; because the Law not 
only impowers the Captain or Commanding Officer to 
make out Warrants of Distress, to distrain upon the 
Goods and Chatties of the Persons neglecting, but 
requires him to do it. So that the making such Dis- 
tresses is his Duty to do, and the Neglect of it a Breach 
or Neglect of that Duty that the Law requires of him ; 
and by that Means eludes and evades the main, if not 
the whole Intent of it. But there is not in that Act 
(that 1 can find) any Punishment appointed for that 
Offence, which I take to be one great Defect of that 
Law, and tends to render the whole in a great measure 

I did suppose (and I think with Reason) that such 
Compassion (or something worse) had prevail'd in the 
Counties of Burlington and Gloucester, for that I had 
not heard of any Militia Company's meeting in either 
of those Counties; and had Reason to believe that Men 
tolerably qualified to execute Military Offices^, were 


prevail'd on to decline accepting of tliein, or when 
accepting, to neglect the performance of the Duty of 

That Officers have accepted of military Commis- 
sions, and others have declin'd accepting of them in 
those Counties and elsewhere, is well enough known 
to me; That there has not been any meeting of Mihtia 
Companies since I came to the Government, in either 
of these Counties, I have been informed, and I beheve 
you or the Members of those Counties know it to be 
true, that there has been no such Meeting; and conse- 
quently that those accepting of them, have been 
prevail'd upon to dechne the Execution of them, and 
others to decline accepting them is manifest: But 
whether prevail'd on by the Persuasion of Men, or by 
what other Motive I could not, nor did not say. But 
prevail'd on they were, if no such Companies met. 
I laid this as a Fact before the Gentlemen of the Coun- 
cil and your Honourable House, that proper Provisions 
might be made to prevent the like for the future; it 
not being very material or much worth your Enquiry 
whether any Body persuaded them or not, if the true 
End of the Militia Act be answered, and which I am 
wilhng to hope you will give all the Help in your 
Power to do. 

There is a Provision in the Militia Act, that if any 
Person appointed by the Captain, to be a Serjeant or 
Corporal, shah refuse the Office, he shaU forfeit the 
Sum of Twenty ShiUings. But there is no Provision 
made in case of the Eefusal of a Captain, Colonel, 
Lieutenant Colonel, Major, &c. which are each as 
necessary as a Serjeant or Corporal; and which (as 
things are circumstanced) People are not easily pre- 
vailed upon to accept. 

The Quantity of Powder and Lead appointed to be 
had on Appearance, and the Quantity appointed for 
each Man to keep by him, seems to me to be too small : 


And the Application of the Fines to be raised for the 
Neglect of Appearance to the Poor, seems not to be so 
proper and useful an Application, as if they were 
api^lyed to some Military Purpose. 

The Fines also for not appearing or not having 
Fuzees, &c. seem to me too small to answer the Pur- 
pose intended by them. 

There is a Clause in this Act, in which it is said, 
That it shall and may be lawful for the Captain Gen- 
eral, &c. for the Time being, in Case of Invasion, to 
call all, or so many of the Persons together for repel- 
ling the Force of an Eneni}^, or order such Detach- 
ments for the common Defence, as he shall think fit, 
to follow and pursue the Enemy into any of the 
neighbouring Governments, &c. 

You may think, and perhaps do, that this Clause 
enables the Governor to defend the Inhabitants, to 
pursue an Enemy into a neighbouring Province, or to 
assist them upon Occasion; but if you do, you are 
(pardon the Expression) much mistaken. 

The King's Letters Patent under the great Seal, 
gave to the Governor who passed that Act, the Power 
of calling the Forces of this Province together, at such 
Times and Places as he judg'd proper in Case of Inva- 
sion, Insurrection or Rebellion, (not mentioned in our 
Act) and to march them against an Enemy, and pur- 
sue them out of this Province into any of the neigh- 
bouring Provinces, and to give them Aid in any such 
Case if they needed it: And the Act of Assembly is 
only Declarative of the Power lodged in him, by 
Virtue of the Letters Patent, antecedent to the making 
of that Act. And the Governors of this Province 
could, and can do all this, tho' no such Clause had 
ever been made. So that the Governor has no Addi- 
tion of Power by Virtue of this Act; and the utmost 
Force of it, is only to train the Men, and teach them 
the use of Arms if they had them: And were it 


effectual for that Purpose (as I think it is not) it would 
be at best but a good Preparation to make them fit to 
encounter an Enemy and pursue them: But unless 
subsisted with Provision and supported, cannot long 
resist an Enemy oi- pursue; Cannot be marched from 
one Place to another in our own Province, nor trans- 
ported to assist a neighbouring c»ne. And no provision 
being made for this in the Militia Act, is the grand 
Deficiency of it; and without such Provision, the Act 
(except what it directs concerning the training of the 
men) is not' worth a Eush; the Captain General having 
Power sufficient (as I said before) to do every Thing 
which that Act says, it shall be lawful for him to do, 
if that Act had no being. 

The Militia, or what we call the Militia, in this 
Country, is not a select Part of the People as it is in 
England, set apart for that Purpose, and under Offi- 
cers ready to be made Use of on Occasion, and when 
there is need for them, employed and payed at the 
Publick Charge; but the whole Body of the People 
from Sixteen Years of Age to Fifty. It is fit that all 
these People should be trained and taught the Use of 
Arms, and it is chiefly for this that the Mihtia Act is 
intended. Part of these People that are nigh to the 
Place where an Enemy makes an Attempt, may be 
got together and make some Defence, but it will be 
found very difficult, if practicable, to keep them 
together, if some Provision be not made for their Sub- 
sistence and Support. 

It is the Duty of every Man to resist an Invasion, 
and consequently every one ought to share in the Ex- 
pence that it occasions, and not to let it fall solely on 
those who are employed to venture their Lives in 
making the necessary Resistance. Such Numbers of 
those as it will be necessary to employ on these Occa- 
sions, and to march from Place to Place in our own 
Government, or to be transported in Aid of another 


will naturally think, that they ought not, nor cannot 
leave their FamiUes and several Farms or Occupations, 
by w^hich they are supported, to serve the Publick 
without being paid for it by the PubUck, any more 
than you can leave yours to attend the Services you 
are chosen for, without being paid for it. This is the 
Practice of aU Countries in some Method or other, 
and the Practice of our Mother Country, as you may 
see, by the several Militia Act^, the 13^", 14*.'\ 15"^ of 
Charles II. the f of George, and indeed during the 
Eeigns of King William III. Queen Anne and King 
George, Acts were annually made for raising the Mili- 
tia: Which Militia are always to be employed as there 
is Occasion, and such as are employed to be paid in the 
Manner directed. 

The making some Provision of this kind is necessary 
at this Time, and that without making any unneces- 
sary Delays. The doing what we can do in this Case 
is much more likely to prove effectual for the Defence 
of our Country, if there should be any Attempt made 
upon it, than the Meeting three or four Times a Year 
to hear a Drum rattle or see some Colours waved, and 
it may be getting drunk into the Bargain, can do; tho' 
such Meetings are not without their proper Use, to ren- 
der Men more fit than otherwise they would be to de- 
fend their Country; but without something more wiU 
never defend it. 

Gentlemen, I need not repeat what I so lately 

said both to the Council and yourselves. Our Accounts 
of the Attempts of the Enemy upon our Neighbours with 
so great a Force as five Thousand Men, makes it reason- 
able to think they have further Views, and ought to 
warn us to prepare as much as we can for our Defence 
without any Delay ; and therefore I must earnestly in- 
treat you to set heartily about it, and to shew by your 
Deeds that you have the Interest and safety of the Coun- 


try at Heart, and are truly His Majesty's loyal and Affec- 
tionate Subjects, which I doubt not you will gladly 
embrace all Opportunities of doing. 

Lewis Morris. 

Tuesday, July 3, 1744 
The House of Assembly, in Answer to the above 
Speech, sent the following Message to His 


That Mv Eaton, and M'' Cook do wait on His Excellency 
and acquaint him. That this House being willing to 
pay the Regard due to what was recommended to them 
by his Excellency, committed his Speech of the 29*'> of 
last Month to a Committee of the whole House, where 
it was maturely consider'd, and found in Substance to 
differ but little from what the House before under- 
stood to be the Import of his Excellency's first Speech 
on which they then came to sundry Resolutions, and 
communicated them to his Excellency in their Address 
wherein they assure his Excellency That they will 
always readily do their Duty in providing for the ne- 
cessary Expences that may be occasioned by summon- 
ing the Forces together according to Law, for repel- 
ling any Force that may invade us at Home, or for 
the Assistance of our Neighbours, or indeed upon any 
necessary Occasion whatsoever. 

That the Expence that will attend Things of that 
Nature, are so uncertain, and the providing for it be- 
fore hand, attended with such innumerable Difficulties 
that they humbly conceive the Assurances given are 
sufficient at present, and that on the whole, they see 
no Cause to alter their Sentiments from what they then 
were on those Heads. 


That as to the Attempts of the Enemy upon our 
Neighbours, it is now near a Week since that Report 
came to Town, and no Express yet arriv'd to his Ex- 
cellency to confirm it, that the House has heard of, 
they therefore hope it may prove groundless. 

That altho' the House are under the Misfortune 
of differing in Sentiments from his Excellency re- 
specting the Act of Assembly for settling the Llilitia 
that hath been many Years in force in this Colony, 
they nevertheless hope to shew by their Deeds on 
every Occasion, That they have the Interest and Safe- 
ty of the Country at Heart, and are truly His Majes- 
ty's loyal and affectionate Subjects. 

And that the House humbly prays his Excellency to 
grant them a Recess till the usual Time of doing busi- 

Thereafter his Excellency dissolved the As- 
sembly with the following Speech. 

Mr. Speaker and Gentlemen of the Assembly, 

I Endeavour'd to shew you when I last spoke to you, 
that it was necessary to make some Provision for the 
Defence of the Country, in Case we should be attacked, 
as we might be. I represented the Case of our Neigh- 
bours, who had been attacked. This tlio' I have re- 
ceived no Account of is by Express, and perhaps never 
may, (this Government being too remote to give any 
Assistance to Newfoundland, Nova Scotia, or South 
Carolina,) Yet by undoubted Accounts the Thing ap- 
pears too true. The Council, sensible of the Danger, 
prepar'd a Bill which they pass'd and sent to your 
House, which, contrary to the Duty of your Station 
and of evident ill Consequence to the Publick, you 
have order'd to lie on your Table, and by your last 
Message you flatly tell me [That the Expences that 


will attend Things of that Nature, are so uncertain, 
and the providing for it before Hand, attended with 
such innumerable Difficulties, that you humbly con- 
ceive the Assurances given are sufficient at present; 
and that on the whole you see no Cause to x\.lter your 
Sentiments from what they then were on these Heads] 
which is peremptorily saying (whatever your Promises 
be) that you w'ill make no Provisions at all for the 
Defence of the Country befoi-e they are invaded. This 
is so far from shewing any Loyalty to your Sovereign 
that it shows the contrary, as v/ell as a firm Resolu- 
tion not to make any Provision for Defence, and a 
want of Affection for your Fellow Subjects. I there- 
fore by Virtue of the Powers and Authorities to me 
given under the great Seal of Great Britain, do dis 
solve this Assembly, and you are accordingly dis- 

Lewis Morris 

An Abstract of the Bill, entitled. An Act for Set- 
tling and better Regulating of the Militia of the Prov- 
ince of New-Jersey, and for making Provision in Cases 
of Insurrection, Rebellion, or Invasion; pass'd by the 
Council in June 1744; and sent by the Council to the 
House of Representative, for their Concurrence; who 
upon a second Reading of the said Bill, would not 
commit it, but ordered it to lie on the Table, 

1. The Preamble to the Bill, sets forth, that a due 
Regulation of the MiUtia, and making Provision in 
Cases of Insurrection, Rebellion, or Invasion is abso- 
lutely necessary for the Security, Preservation, and 
Defence of this Province at this Time, when his Maj- 
esty is engaged in a most just War with France and 

2. That the Acts now in force do not sufficiently 

pro vile for the same. 


3. That therefore for the better Security of the 
Rehgion, Lives, Liberties, and Properties, of his Maj- 
esty's Subjects. Inhabitants of this Province, it was 
by the Council proposed to be enacted in this Bill, as 
follovt^s, viz. 

1. That after the Publication of this Act, every Cap- 
tain should, make a true and perfect List of all the 
Men within the District or Division of which he is 
Captain, between the Age of Seventeen and Sixty, 
which he shall give to the Colonel, or Chief Officer of 
the Militia in that County or Regiment to which he 
belongs, on or before the first Day of September next, 
and so on the first Monday in September Yearly, dur- 
ing the Continuance of this Act. 

2. That the Captain General or Commander in Chief 
may order one or two Troops of Horse (as he shall 
think it necessary) consisting of 50 Men each, besides 
Officers; to be rais'd in each County, in Manner follow- 
ing, viz. upon an Order from the Governor or Com- 
mander in Chief to the Colonel or Chief Officer of the 
Militia in each County, he shall call together all the 
Officers under his Command, as low as a Captain (who 
are commanded to give him the best Information they 
can for that Purpose) and shall make a Draught out 
of the several Militia Companies in the County, of such 
a Number as ai'e able to furnish themselves with Horse 
and Troopers Accoutrements (afterwards mentioned) 
as may make uj) one or two Troops of the Number 
aforesaid; and a List of the Men so draughted, shall 
be delivered to Persons appointed to command the 
Troop or Troops: And in Case of Deficiency by Death 
or otherwise, the Colonel or Commanding Officer, 
assisted as before, to make new Draughts to make up 
the Deficiency. 

3. Every Person of a Foot Company shall be armed 
with a good musket or Fusee, well fixed, and a Bayo- 
net fitted to it, a cutting Sword or Cutlace, a Cartouch 


Box, or Powder Horn, with (> Charges of Powder, and 
6 sizeable Bullets at least, and shall appear at the Time 
and place of Muster so armed; and shall keep at his 
Place of Abode, besides what is above mentioned, one 
Pound of Powder, and four Pounds of Bullets, and 
shall bring them into the Field if required. Each 
Horseman shall be provided with a good Horse, Saddle, 
Breast Plate, Crupper, Kirb Bridle, Holsters, a Case of 
Pistols, Cutting Sword or Cutlass, and double Cartouch 
Box, and six Charges of Powder and Ball, and shall 
constantly appear so armed at mustering Time and 
Place. And shall keep at the Place of his Abode, 
besides the Arms abovementioned, a well fix'd Carbine, 
with Bolt, Swivel, and Shng, one Pound of Powder, 
and four Pounds of Bullets; and bring them into the 
Field when required. 

3. That the Colonel or Commanding Officer, in each 
County, shall muster and exercise all the Companies 
under his Command, at least once a Year, and oftner 
if required by order of the Captain General. 

4. That every Captain shall exercise his Men four 
Times a Year, viz. the second Monday in August and 
November, and the last Monday in February and May, 
and at such other Times as shall be ordered by the 
Captain General; and the Captains to give strict 
Charge to their men not to fire any Small Arms or 
consume any Ammunition unless order'd to the con- 
trary by the Superior Officer. 

5. Soldiers during the Time of Exercise, subjected 
to the. Command of their Officers, and on Disobedience, 
punishable by Martial Law, but not to extend to Life 
or Member. 

(3. That any Person appointed by the Ca])tain Gen- 
eral to be an Officer in any Regiment, Troop or Com- 
pany wlio shall refuse to serve, shall forfeit, viz. a 
Colonel Ten Pounds a Lieutenant Colonel Eight 
Pounds, major Six Pounds, Captain Five Pounds, 


Lieutenant Three Pounds, Ensign, Cornet Adjutant 
Two Pounds, and a Serjeant or Corporal appointed by 
the Captain Twenty ShiUings. Every Captain faihng 
to appear, or appearing, neglecting to exercise his 
Company, shall forfeit, viz. a Captain Fifteen Shil- 
lings, a Lieutenant, Cornet or Ensign Ten Shilhngs, 
every Soldier Five Shilhngs: Or appearing without the 
Arms, &c. directed, shall forfeit, viz. for want of a 
Musket or Fuse Two Shilhngs, if not weU fixed. One 
Shilhng, Sword or Bayonet, One Shilling, Six Charges 
of Powder and six Bullets, One Shilling. Every Per- 
son draughted as aforesaid for a Trooper, neglecting to 
appear at the Meeting of the Troop, to forfeit Ten 
Shilhngs: appearing without a good Horse, Five Shil- 
lings, not having a good Saddle, Breast Plate, Crupper, 
Kirb Bridle, and Holsters, or any of them. Three 
Shillings, a Case of Pistols, Three Shillings, not having 
any of the other Articles required Two Shilhngs, and 
not provided with the Arms and Ammunition directed, 
at the Place of his Abode, Six ShiUings. That the 
Fines and Forfeitures impos'd upon any Person under 
the Degree of a Commission Officer, be paid to the 
Captains, and by them apply'd to the purchasing of 
Drums, Colours, Halberts, and other Arms and Am- 
munition for the Use of the Companies: and if not 
paid, the Captain to make out his Warrants to one of 
his Serjeants or Corporals to distrain; which Distresses 
shall be made but once in a Year; for all the forfeit- 
ures within that Year; and the goods distrained, sold 
at Vendue; and out of the money arising by such Sale, 
to pay the Forfeitm-es, and return the Overplus (if any) 
to the Owners, deducting One Shilling for his Trouble; 
and if no Goods to be found, one of the Field Officers 
may commit the Defaulter to the common Goal tiU he 
shall pay the Fine. 

8. That each Captain be required and commanded 
to send a Serjeant once a Year to the several Places of 


Abode of those of his Troop or Company, to examine 
whether they have the Arms and Ammunition 
directed: And if any of them refuse, or neglect to 
shew them to the Serjeant, upon the Serjeant's Oath 
thereof, or of his not having the Arms, &;c. he shall 
pay the Fine directed; and on Refusal, the Captain to 
proceed in the Manner before directed. 

9. That each Captain shall keep an exact account of 
all Fines received by him, and how he has dispos'd of 
the same, and deliver such Account so kept, under His 
Hand to the commanding Officer of the Regiment to 
which he belongs; and shall take into his Charge and 
Care, all the Arms, &c. as shall be purchased by the 
Fines arising from his Company, and keep them in 
good Order and fit for Service; for which he is to have 
reasonable Satisfaction allowed by the Colonel or 
Superior Officers, to be deducted out of the Fines; and 
the Captain, his Executors, &c. accountable for such 
Arms to such Persons as shall succeed him in the 
Command; and any Captain refusing or neglecting to 
apply the Fines by him receiv'd, shall forfeit double 
the Sum of the Fines receiv'd, and not apply'd as 

10. That the Captain may deliver out such Arms, 
&c. at the time of Training, as are in his Charge, to 
such of his Company as he shall judge unable to pur- 
chase them; who shall when Training is over, return 
them, the Captain making Allowance for the Ammu- 
nition spent at that time: And if the Person to whom 
such Arms *kc. out of the Stores are delivered, shall 
detain or embezzel them, he shall be committed to 
Goal until he make Satisfaction. 

11. To i)revent any wilful and obstinate Defaulter 
escaping the Fine or Penalty directed, all Captains are 
to take an exact Account in Writing of every Default 
or Offence in his Troop or Company, by whom done^ 
and at what Time; to sign and dehver the same to the 


Gomnianding Officer of the Eegiment, the first Mon- 
day in September yearly, on Penalty of Forty Shil- 
lings for every such Neglect ; or having deUvered them, 
shall neglect by the Space of two Calendar Months to 
recover the Fines, the Captain that siiall neglect, shall 
forfeit double the Sum of the Fines neglected to be 
recovered; to be paid to the Colonel of the Regiment, 
and apply'd as before directed. 

12. And because Defaulters may have a just Excuse 
for not complying, if the Colonel shall judge the 
Excuse reasonable, he shall order the Captain not to 
take the Fine. 

13. Every Captain may make one of his Company 
Clerk; who shall be excus'd from carrying of Arms, 
except in Cases of Rebellion or Invasion. 

14. Every Commission Officer of the Militia shall, 
before he acts, take the Oaths appointed by an Act, 
entitled, An Act for securing his Majesty's Govern- 
ment of New- Jersey. 

15. No Innholder or other Pei'son shall sell drink to 
any Soldier, on the Day he is to appear in Arms, at 
the Place of his Training, or within a Mile of it, with- 
out a Licence from the Commanding Officer, express- 
ing what Liquor he permits to be sold, on the Penalty 
of Three Pounds; and a Soldier appearing drunk under 
Arms, that Day, shall pay Five Shillmgs. 

16. No Officer or Soldier directed to appear and 
muster, or that shall be appointed to watch, shall be 
hable to be taken by any Officer in any civil Action 
whatsoever, on the Day he is directed to appear or 
watch, or in going to, continuing at, or returning 
home from the Place or Places appointed for Muster 
or Watch. 

17. All Persons not Officers, in and of the ^Govern- 
ment, appearing at the Time and Place of Training, 
shall be subject to the Commanding- Officer then 
present. ' 


18. That the Fines on Persons refusing to serve in 
Mihtary Offices, and on Officers neglecting to do their 
Duty, shall be paid to the Colonel, or chief Officer of 
the Regiment to which they belong; who, on their 
Refusal to pay, shall issue his Warrant to such Officer 
as he shall appoint, not under the Degree of a Lieu- 
tenant, to levy the Fines due, by Distress and Sale of 
Goods as before directed; and all Fines so levied by 
the Colonels, &c. shall by them be apply 'd to the pur- 
chasing of Arms, &c. for the Use of the Regiment, 
&c. and the Colonel or chief-commanding Officer, for 
his Purchasing and Keeping the Arms in order, shall 
deduct so much for his Trouble, as shall be tho't rea- 
sonable by the rest of the Field Officers of the Regi- 

19. That the Horse and Furniture, Arms and Ammu- 
nition, provided and kept in Pursuance of the Act, be 
free and exempt from being impress'd, and from being 
seized by any Distress, Attachment, or Writ of Execu- 
tion; which if made and serv'd upon any of the Prem- 
ises, shall be so far unlawful and void: and the Officer 
or Person that presumes to make, or serve the same, 
be liable to the Suit of the Party griev'd; wherein 
double damages shall be given upon Recovery. 

20. That it shall be lawful for the Captain -General, 
&c. in Case of Invasion, or Insurrection, or Rebellion, 
to call aU or so many of the Regiments. Troops, or 
Companies together for repelling or suppressing such 
Invasion or Insurrection; and to order such Detach- 
ments for the common Defence as he shall think fit; 
and in Case of need to march them into the neigh- 
bouring Governments; and any Soldier summoned, 
who shall fail to appear, shall pay Forty ShiUings. 

21. That when the Captain- General or Commander 
in Chief shall direct any Watch to be kept in time of 
war or Danger,' the Colonel or othei- chief Officer to 
whom such Directions are signified, shall issue his 


Orders to the Captains to appoint such Number of 
Men to appear with their Arms at such Time and 
Place as the Colonel shall appoint; which Watch shall 
be rehev'd by Order of the Captain, &c. equally 
through all the Companies in the Eegiment: And 
every Person refusing to appear, or to send a Man 
sufficient in his Room," shall forfeit and pay the Sum 
of Ten Shillings; and every Person that shall leave the 
said Watch before reliev'd by some Person appointed 
to watch, shall forfeit Forty Shilhngs; provided no 
Person be obhg'd to continue longer on the Watch 
than 24 Hours at one time; and such Watch shall 
make such Signals, and give such Alarms as directed; 
and every Officer or Soldier hearing such Alarm, oi' 
seeing such Signal, shall obey such Orders for repeat- 
ing the same, or calling together, or marching, &c. as 
he shall receive from his Officer, &c. 

22. The Quakers to be exempted from all the Duties 
required, and the Penalties inflicted by this Act; and 
instead thereof, each of them to pay Three Shillings, 
for every Day that other People shall appear in Arms, 
to the Overseers of the High Ways, to be apply'd to 
the repairing Bridges and High Ways; and in Case of 
Non-Payment to be recovered in any Court where the 
same is cognizable, with full Cost; and the Overseer 
to take to his own Use Ten per Cent, for vvliat he shall 
so recover. 

Observation. Many blame this Clause and think it 
unreasonable, and inconsistent with the Publick Safe- 
ty, to exempt anybody from the known Duty of all, 
to defend their Country; and say, let the Tenderness 
in Conscience of those People be real or pretended, 
which themselves can only know, and for which there 
is no Evidence but their own Words; which for any- 
thing the Publick do, or can know, may be false, and 
at best (if true) is a Weakness which should not be 
indulged, and is not (in this Case) indulg'd any where: 


Yet if the Publick here think fit to do it, and direct 
them to do something else instead of bearing Arms, 
the Refusal or Neglect of doing what is so directed, 
should rather be more Penal tlian the Neglect or Re- 
fusal of bearing of Arms; because they (the Quakers) 
are secure from the Danger of their Lives, to which 
others (in Case of Invasion, &c.) will beexpos'd; or at 
last equally penal and recoverable with equal certainty, 
and no greater Difficulty. 

Common Experience has shewn, that many are not 
so conscientious and sincere as they should be; and if 
a Man can be exempted on the Paying of Three Shil- 
lings for every Day he does not appear in Arms, in- 
stead of, and all the other Penalties for not hav- 
ing Powder, Bullets, and Arms well fix'd; is it not 
easy to see which a Man w^ould choose? Those who 
want Courage to fight in Defence of theii^ Country, 
may not want Impudence to pretend a Tenderness in 
Conscience against the Use of the Carnal Weapon, 
when it is so much for their Advantage to do so; and 
by this Law expose Quakerism to the Reproach of be- 
ing an Asylum or Sanctuary for Cowards. — The Ob- 
jectors againt this Clause as it stands in the Bill, say 
farther, that if the Tenderness in Conscience be real (as 
in some few Cases it may be with some Weak Men) Yet, 
that neither can, nor ought to be judged sufficient to 
exempt them from having the like Quantity of Arms 
and Ammunition in their Houses that other Men are 
appointed to have, and under the like Penalties; which 
if they cannot, or will not use themselves, other Men 

23. That in Case of Invasion, Insurrection, or Rebel- 
hon (and not otherwise) every Captain is to raise the 
Company under his Command, and send immediate 
Intelligence to the Colonel of the Regiment, and he to 
the Commanding Officer of the next adjacent Coun- 
ties, and in the mean time to keep the Mihtia in Arms; 


and every Commanding Officer to whom such Intelli- 
gence shall come, shall forthwith dispatch an Express 
to the Governor, &c. and for that Purpose is impo ve- 
ered to press Boats and Hands, Men and Horses, as the 
Service may require, to dispatch such Intelligence; 
and till Order arrive from the Governor, &c, shall draw 
the Militia of his County together, in such Place as he 
shall judge most convenient for the Opposing of the 

;24. That upon raising and continuing Forces in 
Case of Invasion, &c. it shall and may he lawful by 
Warrant from the Governor, &c, or any Colonel, 
Lieutenant- Colonel, oi- Major, to impress Sloops, 
Boats, Hands, Carts, Waggons, Draught-Horses, 
Tools, Utensils, &c. useful for Digging: able Men 
to go in Sloops, Boats, Smith, Wheelwright, Car- 
penter, or other Artificer, whatsoever. — Provided that 
no Tools or Instruments impress'd, be made use of, 
nor Boats, Waggons, Horses or Oxen tiU Appraisement 
be made by two lawful Men upon Oath, and an Esti- 
mate made of a suitable Allowance by the Day, foi- 
the Use of the Sloop, Boat, Cart, Waggon, Horses, 
&c. and every Person impressing, to take care that 
such Appraisment and Estimate be made, and give a 
Receipt to the Owner, with the Account of the Ap- 
praisment, and for what Use impress'd, upon pain of 
being liable to the Action of the Party giiev'd for an 
unlawful Seizure. 

25. That the Owners of Provisions, Tools, Utensils, 
&c, impress'd or taken up, shall be paid by the Pub- 
lick, according to the Value appraised, and that the 
Owners of any Sloop, Boat, Cart, Waggon, Horses, 
Oxen, so taken up and employed, shall be paid by the 
Publick for the Use of them, according to the Esti- 
mate made, and in Case any Sloop or Boat be cast 
away and lost, and Cart or Waggon destroy'd, any 
draft Horse kill'd the Owner to be paid for the same 


according to the Appraisment, and Half-pay for the 
use thereof; and if any Boat, Sloop, Cart, &c, be 
damnified, or any Horse or Ox hurt and disabled in 
the Service then Satisfaction shall be made according 
to the Damages received. Provided and so meant, that 
all such Damage be inquired and found by two indiff- 
erent Persons upon Oath, to be chosen and appointed 
by any Justice of tlie Peace within the C^ounty where 
the Person receiving Damages I'esides. 

26. That Expresses shall be paid at the Rate of four 
Shillings a Day for a Foot roan, and Six Shillings a 
Day for a Man and Horse for as many Days as em- 
ployed or detained. 

27. That the Gentlemen of the Council, Representa- 
tives, Ministei-s of the Gospel, the Judges, Attorney 
General, Secretary, Clerks of Courts, Justices of Peace, 
Sheriffs, Under Sheriff's, Coroners, Physicians, and 
Millers actually tending Grist-Mills, be exempted from 
the Duties, Fines, and Forfeitures impos'd: Provided 
and it is in the Intent of the Act, that every Person 
hereby exempted, shall keep at his Place of Abode, one 
good Musket or Fusee, one Pound of good Powder, 
and four Pounds of sizeable Bullets, under the Pains 
and Penalties impos'd in like Cases; to be enquired 
into and recovered by the Cok:>nel or one of the Field 
Officers by him appointed, in any Court where the 
same is cognizable, and apply'd in the Manner before 

28. That the Act, entitled. An Act for Settling the 
Militia of the Province of New- Jersey; pass'd in the 
fourth Year of his Majesty's Reign, and all Acts con- 
tinuing and reviving the same, be repealed. 

29. Provided that neither this Act nor anything 
therein contained, shall be of Force longer than five 
Years; and from thence to the End of the next Ses- 
sions of the General Assembly. 

Observations from the Azotes of the Assembly. 


Whe7i the Governor spoke to the Assembly at their 
first Meeting on June 23d 1744, concerning the present 
Condition of the Mihtia, of this Province, and recom- 
mended to them, the passing of such Laws as would 
render it useful and effectual for our Defence (as ap- 
pears by his first Speech above) The Assembly (as ap- 
pears by their Votes of June 25) after a second Read- 
ing of this Speech, referr'd it to the Consideration of a 
C*ommittee of the whole House. 

The next Day, June the 26th, the Committee re- 
solv'd that an humble Address be presented to his Ex- 
cellency in Answer to his Speech, and that he be 
thank'd for his Care of the Colony; to which the House 
unanimously agreed.— They next resolv'd, that it is the 
Opinion of this Committee, on due Consideration of 
the Act now in Force, for settling of the Mihtia, that 
the said Act is sufficient for regulating of the Mihtia. 

This was not unanimously agreed to, but upon the 
Question being put, it was carried in the Affirmative. 

Yeas. Nays. 

John Eaton, Samuel Leonard 

Robert Lawrence, Thomas Farmar, 

John Van Middleswart, Samuel Nevil, 

Dirrick Van Veghten, Joseph Bonnel, 

Lawrence Van Buskerk, George Vreeland, 
David Demarest, Aaron Leaming. 

Richard Smith, a profess'd Quaker, 

Isaac Pearson, a profess'd Quaker, 

WiUiam Cook, a pi'ofess'd Quaker, 

Thomas Shin, a profess'd Quaker, 

Joseph Cooper, a profess'd Quaker, 

John Mickle, a profess'd Quaker, 

William Hancock, a profess'd Quaker, 

John Willets, a profess'd Quaker, 

Daniel Doughty, a profess'd Quaker. 

William Mott. 


It appears by these Votes, that Thomas Farmar, 
and Aaron Learning, were then of Opinion, that the 
Act now in Force, for setthng the Mihtia was not 
sufficient for regulating the Mihtia, or they voted con- 
trary to their Opinions. 

Ool. Farmar, Messrs. Cook, Smith and Lawrence, 
were Appointed to prepare a Draft of the Address 
agreed on; and on June the '27th it was dehver'd in at 
the Table, and lead, and some Amendments made to 
it, in the House; and on the Question, whether the 
House agreed to it qv not, it was carried in the affirm- 

Yeas. Nays. 

The same as before, with Samuel Leonard 
the Addition of Samuel Nevil, 

Thomas Farmar, Joseph Bonnel, 

and George Vreeland. 

Aaron Learning. 
By these Votes and the Address, it appears, that 
Thomas Farmar, and Aaron Leaming, on the 2Tth 
were of the Opinion that the Act mentioned as it now 
stands, not only sufficiently provides for the settling 
of a Militia and Watches, but also enables, &c. (as in 
the Address;) tho' on the 2()th; but the Day before, 
these Gentlemen were of Opinion that Act was not 
sufficient to regulate the Militia. 

On June the 29th, the Governor spoke to them a 
second time, on the same Head, in Answer to their 
Address; and on Saturday, June 30, the Council sent 
them the Bill, of which the Above is an Abstract, for 
their Concurrence. 

On Monday, July 2d, after a second Eeading in the 
House, it was put to the Question, whether it should 
be committed or not? and carried in the Negative, that 
it should not be committed; and, without putting any 
Question, whether it should pass or not, was order'd 


to lie on the Table; and on July 3cl, the House sent by 
two of their Members, the Message to the Governor, 
by Way of Answer to what he had' said to them, on 
the 29^'' of June before. 

By all this, I think it plainly Appears, the Assembly 
came together resolutely determined to make no Pro- 
vision for the Defence of the Country; they having 
had time enough to do it, and a Bill for that Purpose 
prepared to their Hands, which they would not have 
treated in the Manner they did, had they had any In- 
chnations or Intentions, to have done any thing of the 
kind recommended to them. Who influenced their 
Conduct, can be no Mystery to those who read the 
Votes, and know the Men. I shall therefore ask a short 
Question and conclude, viz. Who can with Justice, be 
stil'd the King's loyal Subjects, and true Friends to 
their Country; those who are for making Provision in 
time, for the Defence of their Country, and against an 
Invasion, in Case it should happen; or those who stu- 
diously avoid doing any thing of that Kind, on Pre- 
tence that the Expence is uncertain, and the providing 
for it before hand attended with innumerable Difficul- 
ties; and therefore are for delaying it, till after the 
Thing happens? The Answer is obvious; and whether 
the King's enemies could have done any Thing, or given 
any advice more suitable to their own Interest on this 
Occasion, or more contrary to the express and repeated 
Directions of the Lords of the Regency, than those 
wiio pretend they have the Interest and Safety of the 
Country at Heart, and are tnily his Majesty's loyal 
and affectionate Subjects; is not very difficult to deter- 
mine. ' 

' See Collections of New Jersey Historical Society, Vol. IV, p. 194. 


Order in Coimcil, referring (<> the eoiisideratio)i of the 
Lords of Trade a memoricd from, Inhabitants of 
Elizabethtoum to the King, asking for a hearing 
a7id deter mi nation of tJieir controversies tvith 
tJie Proprietors of East Jersey. 

I From Elizabethtowu Bill in Chancery, p 121. | 

At the Council Chamber Whitehall the 21st of 
' August, 1744. 

By the Eight Honourable, the Lords of the 
Committee of Council for Plantation Af- 

His Majesty having been pleased by his Order in 
Council, of the 19th of last Month, to refer unto this 
Committee, the Humble Petition of his Majesty's 
faithful and loyal Subjects, the Proprietors, Freehold- 
ers and Inhabitants of a Tract of Land now called 
Elizabeth Town, in his Majesty's Province of Netr 
Jersey, in America; whose Names are thereunto sub- 
scribed, in hehalf of themselves and others their Asso- 
ciates, Proprietors, Freeholders and Inhahitants of 
the said Tract, humbly praying, for the Reasons there- 
in contained, that his Majesty, in his Most Honourable 
Privy Council, will he graciously pleased to hear and 
determine, a C*ontroversy arisen between several 
others, calhng themselves Proprietors of that Province 
relating to the Right to the said Tract of Land; or, 
that his Majesty will be pleased to appoint disinterested 
Commissioners out of some of the Neighboming Colo- 
nies, and by a Jury from thence also to he taken, to 
hear, and finally decide the said Controversy; or, 
that his Majesty M^ould be graciously pleased to ap- 
point Commissioiiers to hear, and enquire into, and 


determine the said Controversy; or, to grant such 
other Rehef, as to his Majesty should seem meet — The 
Lords of the Committee, this Day took the said Peti- 
tion into Consideration, and are hereby pleased to refer 
the same (a Copy whereof is hereunto annexed) to the 
Lords Commissioners for Trade and Plantations, to 
consider thereof, and report to this Committee, what 
they conceive proper for his Majesty to do therein. 

To THE King's most Excellent Majesty, &c. 

The humble petition of your Majesty's faith- 
ful and loyal Subjects, the Proprietors, 
Freeholders and Inhabitants of a Tract of 
Land now called Elizabeth-Town, in your 
Majesty's Province of New Jersey, in 
America, whose Names are hereunto sub- 
scribed, in Behalf of themselves and others 
their Associates, Proprietors, Freeholders, 
and Inhabitants of said Tract. 

Most Humbly Sheweth, 

That his late Majesty King Charles the 2d, by his Let- 
ters Patent, under the Great Seal of England, bearing 
Date the 1 2th Day of March, in the Sixteenth Year of 
his Eeign, did give and grant unto his Royal Highness, 
James then Duke of York, his Heirs and Assigns, 
among other Things, all that Parcel of Land in Amer- 
ica, from the West Side of Connecticut River to the 
East Side of Delaware Bay, whereof the aforesaid 
Province of New Jersey is that part, with Power of 
Dominion and Government, in and over the same, to 
be executed by his said Royal Highness himself, or by 
such Deputies, Commissioners or Officers as he should 
think fit to appoint. 


That when the said Letters Patent were granted, the 
Lands in the Place now called New York, and in the 
Province of New Jersey aforesaid, were partly under 
the Rule and Dominion of the Dutch, and partly under 
the Possession and Government of the Native Indians, 
Proj^rietors thereof. 

That his said Royal Highness. James Duke of York, 
by his Commission under his Hand and Seal, bearing 
Date at Whitehall the 2d Day of April, in the six- 
teenth Year of the Reign of his said late Majesty King 
Charles the 2d, constituted and appointed Richard 
Nicholls, Esq; his Deputy Governor within the Lands, 
Islands and Places aforesaid, to perform and execute 
all and every the Powers which were, by the said Let- 
ters Patent, granted to his said Royal Highness, to be 
executed by his Deputy, Agents or Assigns. 

That in Consequence of the said Commission, in or 
about the Month of August, 1664, the said Richard 
Nicholls, Esq; arriving in these Parts, demanded the 
Dominion and Government of the Lands now called by 
the Names of New-York and New-Jersey, to whom 
the then ruling Dutch surrendered and gave up the 

That thereupon John Baylies, Daniel Denton, 
Thomas Benydick, Nathaniel Denton, John Foster, 
and Luke Watson, all of Long-Island, who had been 
before obstructed in their Endeavours to settle a Plan- 
tation where Ehzabeth Towii now is, by the then rul- 
ing Dutch, immediately after the Arrival of said Gov- 
ernor Nicholls, and his taking upon him the Govern- 
ment of the Lands aforesaid, to wit. On the 26th Day 
of September 1664, petitioned to the said Governor 
NichoUs, setting forth their former Attempts and 
Obstructions, for Liberty to purchase of the Natives, 
Proprietors of those Lands, a certain Parcel thereof, 
in his said Royal Highnesses Territories, lying on the 
River then called Arthur Cull River, to improve and 
settle upon. 


That on the 30th of September, aforesaid in answer 
to said Petition, the said Governor Nicholls consented 
to the Proposals therein mane, and declared, that he 
vvonld give the Undertakers all due Encouragement 
in so good a Work. 

That thereupon the said John Baylies, Daniel Den- 
ton, and Luke Watson,' for themselves and their Asso- 
ciates, for the Purpose aforesaid, and in pursuance of 
said License, for great and valuable Considerations, 
did purchase of and from certain Indians, chief Sa- 
chems, then allowed Proprietors of those Lands, by 
their Deed bearing Date the Twenty-eighth Day of 
October. Anno Dom. lOfU; a certain Tract or Parcel of 
Land lying on the Main, West of Staten-Island, bound- 
ed on the South by the Elver commonly called the 
Raritan River, on the East by the River which parts 
Staten-Island and the Main, and to run Northward up 
Arthur Cull Bay, till we came to the first River which 
sets Westward out of the said Bay, and to run West- 
ward into the Country twice the Length as it is broad 
from the North to the South, of the aforementioned 

That on the first Day of December, Anno Domini 
1664, the said Governor Nicholls, by his Deed of tliat 
Date, under his Hand and Seal, therein reciting the 
aforesaid Purchase, did give, grant and confirm, unt(^ 
Capt. John Baker, John Ogden, John Bayhes, Luke 
Watson, and their Associates, their Heirs, Executors, 
Administrators and Assigns, the said Tract of Land 
purchased as aforesaid, to the End the same might be 
sooner planted, inhabited and manui'ed; therein and 
thereby also promising and granting, that the Persons 
inhabiting said Lands, should have and enjoy equal 
Freedom, Immunities and Privileges, witli any of his 
Majesty's Subjects, in any of his Colonies in America. 

That immediately after tlie Purchase and Confirma- 
tion aforesaid, the said John Baker, John Ogden, John 


Baylies, and Luke Watson, and their Associates, your 
humble Petitioners Ancestors, entred upon, planted, 
improved, and began to manure that Part of the said 
Land now called Elizabeth -Town; and they, their 
Heirs and Assigns, have continued in the Improve- 
ment and Possession of great Part thereof; and with 
great Cost, Expence, Hazard, Toil and Labour, have 
planted, improved and manured, much of the Lands 
aforesaid, for the Support of themselves and Families, 
who are now increased in the Bounds of Elizabeth- 
Town, to upwards of Seven Hundred Freeholders and 

That altho' his said Eoyal Highness, James Duke of 
York, had constituted, deputed and appointed the said 
Kichard Nicholls, Esq; his deputy Governor as afore- 
said, with the Powers, Authorities and Instructions 
aforesaid; yet while the said Governor NichoUs was 
on the Seas, and befor-e the Surrendry of the said 
Lands, and the Government thereof to him, as Gov- 
ernor- of his said Royal Highness, and without any 
previous Purchase, made of the native Possessors and 
Proprietors of said Lands, and without giving any 
Notice or contrary Instructions to said Governor 
Nicholls, the said Duke of York, by Indentures of 
Lease and Release, bearing Date the 23d and 24th Days 
of June, 1064, did convey to the then Lord Berkley and 
Sir George Carteret, the said Province of New Jersey, 
including the aforesaid purchased Land as part. 

That thereupon the said Lord Berkley and Sir 
George Carteret, appointed and deputed Phillip Car- 
teret, Esq; Governor of the said Province of New- 
Jersey, and sent him to govern and rule the same 
under them, as Proprietors thereof accordingly; who 
on his Arrival and Settlement in the Government of 
the said Province, was so far from insisting on the 
said Lord Berkley and Sir George Carteret's Right to 
the Lands purchased by yom- humble Petitioners 


Ancestors, in Opposition to their Title obtained by the 
Purchase and Confirmation aforesaid; that the said 
Governor Carteret, by Indenture, bearing Date the 8th 
Day of September, in the Seventeenth Year of the 
Reign of his Majesty King Charles the Second, under 
the Hand and Seal of the said John Baylies, purchased 
of him the said Baylies, his Right, acquired by Virtue 
of the Purchase and Confirmation aforesaid. 

And thereupon the said Governor Carteret, w^ith 
John Ogden and Luke Watson, by Indenture bearing- 
Date the 11th Day of December, 1666, claiming and 
holding under the said Purchase and Confirmation 
obtained by the said John Baylies and others, sold the 
Southern Part of the said purchased Lands to Daniel 
Peirce and his Associates, on which the Towns of 
Woodbridge and Amboy are now settled. 

That afterwards the Dutch regained Possession of 
great Part of these Provinces; and on the Settlement 
of Peace between the Crown of England and the States 
General, they surrendered them to the Crown of Eng- j 
land; and thereupon his said late Majesty King Charles 
the Second, again granted to his said Royal Highness, 
the said Provinces of New-York, New-Jersey, &c. by 
Letters Patent under the Great Seal of England, bear- 
ing Date the 29th Day of June, in the 26th Year of 
his said Majesty's Reign; and his said Royal Highness, 
on the 28th and 29th Days of July then next follow- 
ing, by Indentures of Lease and Release, granted unto 
said George Cartei-et, that part of the said Province of 
New-Jersey, now called East -Neiv- Jersey: During all 
which Time, and under all the Troubles and Revolu- 
tions in those Provinces, the Ancestors of your Maj- 
esty's Petitioners held and continued in the general I 
Possession of their said purchased Lands, and in the 
particular Improvement and Possession of great parts 
thereof; and as they had a just Right, so they expected 
t(j hold and enjoy the same peaceably: Yet notwith- 


standing, about the Year of our Lord 1693, and since, 
a Number of Persons, calling themselves Proprietors 
of East-New- Jersey, claiming to hold by mean convey- 
ances under the said George Carteret; and many 
others calUng themselves Proprietors of West-New- 
Jersey, claiming to hold under mean Conveyances, 
under the said Lord Berkley; claim the Lands pur- 
chased by your Petitioners Ancestors aforesaid; and 
pretend that neither our Ancestors nor we their Heirs 
and Assigns, have any Right in the said Purchase, but 
what is derived from and held under them. By Means 
whereof many Suits in Law have been commenced, 
and moi'e or less have been from Time to Time depend- 
ing about the said purchased Lands, ever since the 
Year 1693; in many of which your Majesty's Peti- 
tioners and their Ancestors formerly gained Judgment 
in their Favours; and could they but have a disinter- 
ested Court, and unprejudiced Jury, they make no 
doubt but they should always obtain Judgment in 
their Favour, respecting the Lands aforesaid. 

But so it is, that all the Lands in the said Province 
of New-Jersey, are held and claimed under the said 
Lord Berkley and Sir George Carteret's Titles, derived 
from his said Royal Highness, except the said Land 
purchased by the said Baylies, Watson, &c. and con- 
firmed to them as aforesaid; under whom your Peti- 
tioners claim and hold; and thence it hath come to 
pass that the Inhabitants of the said Province are 
generally interested in, and affected to one or other of 
the said two original Titles, and disaffected to the 

And hath also so happened, that as the far greater 
• Part of the said Province is held under the said pre- 
tended Proprietors; so the ruling and governing Part 
of the said Province is in their Interest, the major Part 
of the Judges of the Supreme Court and Council, being 
Proprietors as aforesaid, or Agents, Attorneys or 


Trastees for them, or some of them; under which Cir- 
cumstances the said pretended Proprietors repeat their 
Suits against your Majesty's Petitioners, or some of 
them, even for the same Farms, if they happen not to 
be successful in the first Suit, and threaten to pursue 
in the same Method, uptil your Majesty's poor Peti- 
tioners are reduced to Poverty and Distress, and ren- 
dered unable to defend their just Rights, and so be 
obhged to surrender those Estates v^hich they and 
tlieir Ancestors have spent their Substance and Lives 
upon; the Loss of which, would prove a general Ruin 
to as many Families as make up seven Protestant 
Congregations, now settled on said purchased Lands. 

That your Majesty's poor and distressed Petitioners, 
with long and expensive Law- suits for near about 
fifty Years together, in which they have spent many 
Thousand Pounds, and annually are obliged to be at 
vast Expence in Defence of their said Rights, are dis- 
couraged and quite wearied out, and are become (as 
they conceive) under the present Administration, 
remediless, without your Majesty's most gracious 
Royal Protection and Care. 

And more clearly to evince the Difficulties and Mat- 
ters above suggested, your Majesty's Petitioners would 
most humbly beg Leave to represent and numerate 
some of the Steps and Proceedings heretofore taken, 
and still carrying on against them, tending to their 
Distress, Loss and Ruin, (viz.) 

That formerly the said pretended Proprietors, did 
take upon them the civil Government of the said Pro- 
vince of New- Jersey, and did actually erect Courts, 
and appoint Officers of their own, before whom your 
Petitioners Ancestors were sued, and by them un- 
justly condemned; particularly, in a Case brought by 
Lease of Ejectment by James FuUerton, claiming by 
Demise from the pretended Proprietors of East-New- 
Jersey, against Jeffrey Jones, one of your Petitioners 


Ancestors, wherein at a Court lield at Amboy, the 14tli 
of May 1695, the said Court unjustly gave Judgment 
in favour of the said James Fullerton; on whicli Judg- 
ment, on Appeal of the said Jones to the King in 
Council, at the Court of Kensington, 25th February 
1696, by his Majesty in Council, was reversed and set 
aside; and as your Petitioners said Lands are all under 
the like Circumstances, and held by the same Title, so 
they supposed and expected the Controversy about the 
same would have ceased; yet, nevertheless, the said 
pretended Proprietors, by the Improvement made by 
your petitioners Ancestors on the Premisses, more 
than any Foundation of Right, were and have been 
further teaipted to molest, trouble and invade your 
Petitioners ProjDerty and Possessions; that therefore, 
since the Government of said Province hath been 
under the immediate Care of the Crown, the said pre- 
tended Proprietors many of them, have been Members 
of the Council, and Judges of the Courts in the said 
Province; and by this Means your Petitioners have 
been prevented from bringing or removing their Cause 
before the King in Council, in the common Course of 

In particular, that when Joseph Woodruff, one of 
Your Majesty's Petitioners Ancestors, by Writ of 
Error, brought his Cause before the Grovernor and 
Council of this Province, in the Fourth Year of the 
Reign of your Majesty's late Royal Father, in order to 
obtain a Judgment there; and from thence, if Judg- 
ment was given against him, he intended to have aj)- 
pealed to his said Majesty then King of Great Britain, 
&c. in Council; the said Governor and Council would 
never be prevailed upon to give a Judgment in the 
said Cause; but after about Ten or Twelve Years Do- 
lay, and a vast Expense in the Cause, the said Case 
dropt without being decided. 

The present Governor of the said Province has for- 


merly been Agent for some of the said pretended Pro- 
prietors, and stands in a near Eelation to several of the 
pretended Proprietors aforesaid; the present Chief Jus- 
tice of said Province is Trustee and Guardian of sev- 
eral Orphans who are pretended Proprietors aforesaid; 
and the rest of the Judges and Members of the Coun^ 
cil are in general interested, on the said pretended 
Proprietors Side. 

That the Juries in the Counties where the said pur 
chased Lands lye, are generally interested and engaged 
against your Petitioners; and the more effectually to 
secure all in Favour of the said pretended Proprietors, 
the Governor, Council and General Assemby of the 
said Province, have, by an Act passed in the Fifteenth 
Year of your Majesty's Reign, annexed part of your 
Petitioners Lands, which were before in the County of 
Essex, unto the County of Somerset, where the Juries 
are generally in the said Act, representing the Inhabi- 
tants as having prayed for the same; which your Pe- 
titioners believe to be a great Mistake. 

That under all these and many other such like Dis- 
advantages, Writs of Trespass, and Leases of Eject- 
ment, in behalf said pretended Proprietors, are fre- 
quently commenced against some of your Petitioners, 
and thereon Verdicts and Judgments obtained; some 
of them for Six-pence Damage, and for Two or Three 
Hundred Pounds Proclamation Money Costs; others 
of your Petitioners are turned out of their Freeholds 
and Living, and large BiUs of Costs taxed against 

By Means whereof many of your Majesty's poor 
Petitioners are grieviously distressed, and others are 
daily threatened with the same Fate, and are daily 
under Expectation of being burthened mth heavy 
Costs, great pretended Damage, and Loss of their 
Possessions and Inhabitants; which your Petitioners 
are advised, they do not suffer for Want of Justice; 


and your Majesty's Petitioners are advised, that it's 
neither legal, equitable nor just, that the Titles to their 
said Lands should be tryed by the Judges, Jury and 
Courts of the said Province, in Regard they are Parties 
in Interest more or less in the Matters in Controversy, 
and ought not to hold Plea of your Petitioners said 

Wherefore, Your Majesty's Petitioners most hum- 
bly implore your Majesty, the Fountain of Justice, 
that you would be graciously pleased to take them and 
their said Cause under your Majesty's Royal Care and 
Protection; and as there is no Prospect that your dis- 
tressed Petitioners can find any Remedy of their Griev- 
ances in this your Majesty's Province of New Jersey 
that your Majesty in your most Honourable Privy 
Council, would be pleased to hear and determine their 
said Controversy; or, that your Majesty would be 
pleased to appoint disinterested Commissioners out of 
some of the Neighbouring Colonies, and by a Jury 
from thence also to be taken, to hear and finally decide 
the said Cause; or, that your Majesty would be gra- 
ciously pleased to appoint Commissioners to hear, and 
enquire into, and determine said Controversy, or 
otherwise order for your Majesty's loyal, dutiful, poor, 
oppressed Petitioners Rehef, as to your Majesty, in 
your princely Wisdom and abundant Goodness, shall 
seem meet, 

And Your Majesty's Most Humble Petitioners, 
as in Duty bound, shall ever pray, &c. 

[July, 1744] 

[Three hundred and nine names were appended 
which can be found in papers of F. J. Paris in Histor- 
ical Society Library— Elizabeth-town Papers, Bundle 

L, No. 9.] 


Memorial of the East Jersey Proprietors to Gover- 
nor Morris — asking for the passage of an Act for 
running the Division Line exparte. 

[From Papers of Ferdnaud J. Paris, Book A. p. 137, in the New Jersey Hist. Soc. 


To HIS Excellency Lewis Morris Esq"" Cap- 
tain General and Governor in chief of the 
Province of New Jersey and Territories 
thereon Depending in America and Vice 
admiral in the Same. 

The memorial of the Council of General pro- 
prietors of the Eastern Division of New 

Humbly Sheweth 

That by an Act of Governor Council and Assembly 
of the Province of New York pass'd in the year 1717 
the Governor thereof was impowered to appoint Com- 
missioners in behalf of that province to Join with such 
Commissioners as Should be api:)ointed in behalf of 
the province of New Jersey for Runing and Ascertain- 
ing the Line of partition and division between the 
Said Two provinces; and a Sum of money was by the 
Said Act appropriated for that purpose. 

That Soon afterwards another Act was pass'd by 
the Governor Council and Assembly of New Jersey 
impowering the Appointment of Commissioners for 
the Eastern and Western Divisions of the Province of 
New Jersey to meet with the Commissioners to be ap- 
pointed for the province of New York to Execute the 
purpose aforesaid. 

That in the year 1719, Commissioners having been 


Appointed in pursuance of both the Said Acts: they 
met, and Unanimously Settled the Latitude of 41°; 40' 
upon the Northernmost Branch of Delaware, which is 
the North end of the Partition Line between the Said 
provinces: and Executed Indentures Tripartite under 
their hands and Seals for Commemorating the Said 
North partition point: which North partition point, is 
also the partition jDoint between the Eastern and 
Western Divisions of New Jersey; and So the Said 
Western Di^asion had no further interest nor concern 
in or about the Said line; As by one part of the Said 
Indentures here Ready to be produced to your Excel- 
lency may appeare. 

That afterwards in the Said year 1719 by order of 
the Said Commissioners a Line was run and Mark'd 
from the Said North partition point to Hudson's River, 
towards the place where they Esteemed the Latitude 
of 41° would be found upon it, which Latitude on the 
East Side of the Said River is the South End of 
the partition Line between the Said Provinces, and 
Sundry Obsevations were taken upon Hudson's Rivei- 
for discovering the Said Latitude of 41" there, but tlie 
Commissioners Concerned did not then nor ever Since 
meet to agree thereon. 

That The Commissioners and Proprietors of the East- 
ern Division of New Jersey afterwards used many and 
frequent Amicable endeavours with the (Jommission- 
ers for New York, and with the New York proprietors 
of the Lands adjoining to the Said partition Line for 
Ascertaining the South partition point aforesaid upon 
Hudson's River and for Runing the Line from thence 
to the North partition point aforesaid, 1)ut all those 
Endeavours proved ineffectual. 

That in September 1741 Committees, appointed by 
the Two Councils of proprietors of the Eastern and 
Western Division of New Jersey, met and laid before 
your Excellency a Representation of the Greivances 


and hardships that the people and proprietors of the 
province of New Jersey laboured under for want of the 
Said Line of Partition being Settled, and praying your 
Excellency's interest and Assistance for procuring the 
Said Line to be Settled, and for putting a Stop to the 
Grievances Suffered for want thereof. 

That in July 1742, Your Memorialists laid another 
Representation before your Excellency to the purpose 
of the former, praying your Excellency to take Such 
Effectuall measures as you Should think proper that 
the Settlement of the Said Line might be brought to a 
Speedy Conclusion. 

That we are fully Satisfied that your Excellency 
used your Best Endeavours with the honorable George 
Clark Esqr Lieutenant Governor and late Commander 
in Chief of the Province of New York to have our 
Requests aforesaid put in Execution, and are Sorry 
that those Endeavours had not the Success that we 
had reason to hope for from them. 

That in October 1743 the Inhabitants of this Province 
living near the Said partition Line by Abraham Van- 
aken and Jurian Westphale petitioned your Excellen- 
cy and the General Assembly of this Province for 
Relief against the Grievances by them Suffered for 
want of the Said Line of Partition being run; And 
we are fully Satisfied that your Excellency in that 
Same Month of October Sent Coppies of the Two 
Memorials aforesaid and of the Said petition to his 
Excellency George Clinton Esq' Captain General & 
Governor in chief of the province of New York, and 
used your Endeavours with him for the Settlement of 
the Said Partition Line; but Notwithstanding the Sev- 
eral Endeavours aforesaid, and other private Endeav- 
ours by Some of us with the New York Proprietors of 
the Lands adjoining to the Said Line, we are under 
great Concern to Say that we have little hopes left of 
obtaining the Settlement of the Said Line, otherways 


than by an Act of the General Assembly of this 
province to be approved of by his Majesty for runing 
the Same Line exparte. 

Your memorialists therefore humbly pray your 
Excellency would be pleased to Recommend it to the 
General Assembly of this Province, which is to meet 
at Burlington in October next, to pass an Act for Run- 
ing the Said Line exparte: and if the Same Should be 
so pass'd, that your Excellency would be pleased to 
to Recommend it for his Majesties Royall Aprobation: 
and that in the mean time your Excellency would be 
pleased to order Such notice of this intention to be 
Given to the Governor of New York as you shall think 

And your memorialists Shall ever pray &c. 

By order of the Council of Proprietors of East Jersey 

Perth Amboy Sep'' 7*!' 1744 John Hamilton. 

Representation of the Council of New Jersey to Gov- 
ernor Morris — containing reasons for rejecting 
several acts, &c. 

LFi-om P. R. O. B. T. Nt-w Jersey, Vol. V, F W:<, 

To His Excellency Lewis Morris, Esq; 
Captain General, and Governor in Chief, in and 
over His Majesty's Province of New-Jer- 
sey, and Territories thereon depending in 
America, and Vice- Admiral in the same, 
The humble Representation of His Majesty's 

Council in General Assembly met. 

Having considered the Votes and Resolutions of the 
House of Assembly of the 22d of November last, which 


your Excellency was pleased so early to communicate 
to us; we thought ourselves obhged, by the Duty of 
our Station, to ertter into some Eesolves, thereby to 
assert the Royal Prerogative, which we conceived in 
some Measure attacked; and to maintain the Rights 
and Privileges of His Majesty's Council, which we 
looked upon, by those Votes, to be not only ques- 
tioned, but greatly infringed : And as the Conduct and 
Characters of the Members of our House are by them 
so openly (tho' unjustly) aspersed, we think it incum- 
bent on us to clear up both to His Majesty, to whom 
alone we look upon ourselves to be accountable, by 
assigning the Reasons of our Conduct, so loudly com- 
plained of this Sessions; and we doubt not His Majesty, 
and His Ministers, will very readily discover the Injus- 
tice and Unreasonableness of the Complaints and 
Aspersions contained in those extraordinary Azotes, 
which were founded on the Councirs having rejected 
some Bills sent up to them by the House of Assembly 
this Sessions, which they are pleased to say are essen- 
tially necessary for the Benefit and Well-being of the 
Inhabitants of this Colony; but as the Council differed 
in Opinion with them concerning the Nature and 
Tendency of most of those Bills, we come now to 
declare what the genuine Reasons were for rejecting 
of them; and, for Brevity's sake, shall trans"ently 
point out some Instances, wherein we conceive the 
Gentlemen of the Assembly have unhappily mistaken, 
at this time, the true Interest of His Majesty, the 
Security and Defence of this His Colony, and the real 
Well-being of His People, whom they now represent. 
The first Bill rejected by the Council, was a Bill 
intituled. An Act to oblige the several Sheriffs of this 
Colony to give Security, &c. This Bill, in the year 
1 738 (when the first Sessions of General Assembly was 
held under your Excellency's Administration) took its 
Rise in the Council, was drawn by one of their Mem- 


bers, and cost the Publick no Treasure, nor the Assem- 
bly any Pains; nor did the Drawing of it occasion any 
Delay in the Business then before the Council, and was 
sent down to the House of Assembly for their Concur- 
rence. The Assembly then did, and ever since have 
added a C^lause, whereby no Sheriff was to continue in 
that Office longer than three years, and was not to be 
admitted into that Office again in less than three years 
after his Removal. To this Amendment of the Bill 
the Council could not agree, 1. Because then every 
good Sheriff in the Province must be removed from an 
Office, which, when w^ell filled, must be of great Bene- 
fit and Security to the People. 2. Because, if that 
must be the Situation of Sheriffs, no Man of Substance 
or Employment, by which lie could tolerably maintain 
himself or Family, would accept of the Office; and to 
trust necessitous Men would be imprudent, since their 
Poverty might tempt them to do many Things that 
might be oppressive and dangerous to the People. 3. 
Because, by that Means, scarce one Sheriff in ten could 
be supposed to be acquainted with either his County, 
or the Duties of his Station. 

Had the Council amended the Bill, by taking away 
that Clause, they had abundant Reason to believe, that 
they might as well reject the Bill itself, since many of 
the Members of the present Assembly, when Members 
of former Assemblies, have more than once declared, 
as well at Conferences, as at other Times, that they 
never would pass the Bill without that Clause; what 
secret Reasons they may have for such a Resolution, are 
best known to themselves, but they never yet have 
offered any that could convince the Council of the 
Necessity or Conveniency of such a Clause, nor any 
but what the Council conceive they have sufiiciently 
answered and confuted; and, what is more, have pro- 
posed other Methods more expedient, and more 
effectual for the Ends proposed by it; but all to no 


Purpose; that Clause must take Place, or the Bill must 
be lost. Thus this has been the unhappy Eock on 
which that Bill, so full freighted with many Advan- 
tages and Benefits to the People, has so often split. 

The next Bill rejected by the Council, was, A Bill 
for laying a Duty on Indian, Negroe and Molatto 
Slaves, imported into this. Colony. 

This Bill the Council considered abstractedly from 
any Instructions your Excellency has in relation to 
the African Company, which many of the Gentlemen 
of the Assembly we suppose are not unacquainted 
with, and only weighed the Advantages and Disad- 
vantages that would arise to the People of this Colony 
upon that Bill's passing into a Law. By that Bill was 
plainly intended an intire Prohibition of all Slaves 
being imported from foreign Parts, no less than a 
Duty of Ten Pounds being imposed on all grown Slaves 
imported from the West-Indies, and Five Pounds on 
all those directly imported from Africa. Upon the 
most mature Consideration the Council were of 
Opinion, that if that Bill, or any other Bill, discour- 
aging the Importation of Slaves, should at this time 
pass into a Law, the People of this Province in general 
(a few Labourers only excepted) and the Farmers in 
particular, would be great Sufferers by it, and that for 
the following Reasons. 

1. It is well known, that a great Number of Laboui'- 
ers went out of this Province on the late Expedition 
to the West-Indies, and that ve»ry few of them have 
returned; That many, for some Time past, have been 
going, and stiU are going, on the Privateering Account; 
by which Means Labourers Wages are become very 
high, and the Farmers, Trading-Men and Tradesmen, 
are greatly straitened for want of Labourers to carry 
on their Business. 

2. It is also well known, that since the Manufacture 
of Liunens has arrived to any tolerable Perfection in 


Ireland, we have had very few Servants or Labourers 
from that Island, and have no Reason to expect many 
for the Time to come. 

3. The present War throughout the German Domin- 
ions, and between ahilost all the Powers on the Conti- 
nent of Europe, gives us Reason to expect no Assist- 
ance from that Quarter. And as our Sovereign is 
deeply engaged in a War with many powerful Princes, 
we have as little Reason to expect any Number of 
Servants fi'om the Island of (h^eat-Britain. Where 
fore we conceive, that it would be more for the Interest 
of the People of this Colony to encourage at this Time 
the Importation of Slaves, than by a Law to prohibit 
them altogether, and therefore we rejected that Bill. 

The third Bill rejected by tlie Council, was, A Bill 
for making current Forty Thousand Pounds in Bills 
of Credit. The Preamble to this Bill was specious 
indeed, by which the House of Assembly no doubt 
designed to persuade the Council, that they intended 
to apply Part of the Money towards building a House 
for the Governor to live in, another for the Council 
and Assembly to sit in, with proper Offices for the 
Secretary, and for preserving the Records of the Prov- 
ince; but as the Actions, not the Expressions, of Men, 
are the truest Touchstone, by which their Sincerity is 
to be discovered, so enacting Clauses, and not Pream- 
bles, must declare the Intention of, and give Force to. 
Laws. Indeed in the Acts of Parliament of Great- 
Britain where the Legislative Body is above mean 
Arts and low Subterfuges in the grand and solemn 
Affair of making Laws, we find the Preambles plain 
and honest Declarations of the Necessity, Conveniency 
and Design, of them, and excellent Introductions to 
the right understanding of them. But as by no one 
Clause of that Bill any Provision was made, nor any 
Money appropriated to the carrying on and completing 
those Buildings, which every Body here must own are 


very necessary; so we could not look upon that Pre- 
amble but as a mere artful, tho' unskilful Pretence, 
by which that Bill was to be ushered into the World, 
in order to receive the Sanction of a Law. 

By a Clause in that Bill indeed Provision was made 
for purchasing a thousand Arms, with Bayonets fitted 
thereto. Twenty-five Barrels of Powder, and five Tons 
of Lead, for the Use of the Province; but as the Addi- 
tion of a few Arms and Ammunition, when put into 
the Hands of unskilful Men, would contribute very 
little towards the Security of the People; and as there 
was no Hopes of obtaining from the present House of 
Assembly an Act any ways effectual for the necessary 
Regulation of the Militia of this Colony, the Council 
was well assured, that the People, by the Method pro- 
posed, would purchase those Stores at much too dear 
a Rate. 

If the Gentlemen of the Assembly thought those 
Arms and Ammunition absolutely necessary for the 
Security and Defence of their Country; and since they 
complain so loudly in their Votes and Resolves, of the 
Disappointment occasioned by the Council's rejecting 
the Bill whereby such Provision was made; why have 
they not applied Part of the Money, now lying dead 
in the Treasury, to that Purpose? But no, that would 
not serve the Turn, that would not procure the Forty 
Thousand Pounds. Besides, the House of Assembly 
ought to be more frugal of their Money than that 
comes to; they cannot part with that choice Treasure 
at so cheap a Rate, as the preserving of the Lives, Lib 
erties and Fortunes, of their Countrymen; They must 
keep that for the Use of His Majesty, when on any 
Emergency he shall stand in need of it; It is not to be 
thrown away upon the Support of His Government, 
on the Defence of His Colony, and of His faithful and 
loyal People of New Jersey. Is this a well timed Fru- 
gality? Can any Pretence of assisting His Majesty be 


urged as a reasonable Excuse for not supi)()i-ting His 
Government, or for not applying the publick Money for 
the Preservation of His Colony, and of His Subjects 
here? Surely not; yet such has been the Pretence, the 
Excuse and Conduct, of the present Assembly. 

By the Body of this Bill it Plainly appeared, that the 
Assembly designed to go on with raising of Money for 
the publick Use in the usual Way by the Loans of 
Bills of Credit; a Method, as we conceive, unequal and 
unreasonable, and fatal to the People in general, and 
to the Merchant and Trader in particular, in all its Con- 
sequences; which will clearly appear from the follow- 
ing Considerations. 

1. By this Method the Rich, who ought to contribute 
most towards the publick Expence, do not contribute 
one Farthing towards it. 

2. The Distressed, and People involved in Debt, are 
the Chief, if not the only Persons, who by this Method 
bear the Burden of that Expence; and tho' it may be 
said, that it is an Act of their own Choice, and that 
they are no ways compelled so to do, by Experience, it 
is well known, that such a Method of letting out 
Money by the Publick is a great Temptation to unthink- 
ing People, who, in order to extricate themselves out 
of some present Difficulties, have plunged themselves 
into much greater, out of which neither they, nor per- 
haps their Children, will be able to recover; these, and 
these chiefly, are the People who called so loudly for 
fresh Supplies, and should their Desires be gratified, 
we have great Reason to apprehend, that still greater 
Numbers would fall into the same unhappy Circum- 
stances, and therefore think it high time to put a stop 
to so growing an Evil. 

3. The fluctuating Natme of a Paper Currency lays 
the Merchant and Trader under very great Disadvan- 
tages; for after they have sold their Goods at a mod- 
erate Advantage (for which it is generally two Years 



after they receive their Pay) they are always Losers in 
Proportion to the sinking Credit of such a Currency, 
and that Credit is ever lowest when great Sums of the 
like Currency are issued; and it is plain and obvious to 
every Man that knows any thing of Trade, that Gold 
and Silver have all along continued to rise in Value 
ever since a Paper Currency first took Place; in Con- 
sequence of which, the Exchange between this and 
Great Britain has risen to a very great Heigh th, and 
should the Method be continued of emitting such large 
Sums of Bills of Credit, which, to the Body Politick, 
is like cold Water to a Man in a high Fever, the more 
is given still the more is called for, Trade (without 
v^hich we cannot well subsist) would be undone, the Mer- 
chant ruined, and the People in general brought into 
great Distress. Besides, should the Bill, now depend- 
ing in Parliament, which has been communicated to 
the House of Assembly as well as to this House, pass 
into a Law, which we have great Reason to expect, if 
any Judgment may be formed from His Majesty's late 
Instructions to His Governor, or the strict Enquiry 
that has been made by both Houses of Parliament into 
the Nature and Circumstances of such a Currency, the 
opinion of the Lords of Trade upon that Head, and the 
Credit of the Gentlemen who brought that Bill into 
the House of Commons, it would effectually prevent the 
Bills of Credit, now proposed to be struck, being a 
Tender in any Payment: Wherefore, it would have 
been a great Damage to the People of this Province 
should the Bill proposed have passed into a Law; and 
therefore we thought it our Duty to reject it. 

The next Bill rejected by the Council, was, a BIH to 
repeal Part of an Act made for the Preservation of 
Timber in the Eastern Division of this Cotony, and 
passed the second of Decemher, 1743, but tvas not to 
be in Force till some Time in July last past: which 
not exceeding three or four Months at most, the Council 


were of Opinion, that no tolerable Judgment could b(.> 
formed from any Experience that could be had in so 
short a Time, of the good or bad Effects of such a Law: 
Besides, the Repeal being intended only for the Coun- 
ty of Essex, the Council were of Opinion, that as the 
greatest Body of Timber is to be found in the Coun- 
ties adjoining to the County of Essex, so it would be no 
difficult Matter to carry the Timber from those Coun- 
ties into the County of Essex, from whence it might 
be transported; therefore, if that Bill had taken Place, 
it had in Effect, repealed the whole Law, for which 
Reasons the Council rejected that Bill. 

These are all the Bills that have been rejected by the 
Council at this Time. 

As to the Bill to prevent Actions under Fifteen 
Pounds being brought into the Supreani Court, that 
was amended by the Council, and made the same as 
the Law now stands (excepting only in the Case of 
double Costs upon Writts of Error) which Law the 
House of Assembly, in the Preamble to their Bill, do 
say, is found by Experience, to be of great Benefit to 
the People; if so, how the People came to be deprived 
of that Benefit, will appear by the Votes of their House, 
where it will be found, that the Bill not only dropped 
with them, but that the Majority of that House were 
against conferring with the Council u})ou it. 

The Council cannot in Silence pass over at this Time, 
the surprizing Conduct of the House of Assembly in 
relation to the Militia Bill. The People of this Colony 
are not at present in a Condition or Capacity of 
building such Fortifications as would prevent an Ene- 
my from landing on their Coasts, and have no other 
Way of defending themselves than by a well regulated 
Militia; yet such has been the Conduct of the House of 
Assembly at this Time, that they have denied the Peo- 
ple the only Means in their Power of preserving them- 
selves, their Wives, their Children, and theii- Fortunes, 
from becoming an easy Prey to the first Invader. 


That the Law for the better Eegulation of the Mili- 
tia of this Province at this Time is absolutely neces- 
sary, stands confessed by the Title and Preamble to 
their own Bill sent up this Sessions to the Council: 
Yet notwithstanding, whoever will consider the Bill 
itself, and compare it with the Law now in being, 
must confess, that the letter, lame as it is, is much 
more effectual for that Purpose. — It is very possible 
there may be some Defects in the Amendments made 
by the Council to their Bill; if they have discovered 
any, was it not their Business, their indispensable 
Duty, to supply those Defects, and to do every thing 
in their Power to make the Bill effectual? Is not this 
the usual, the only Method, whereby all Bills are 
brought to Perfection? Can that House any ways ex 
cuse themselves for not pursuing that Method in an 
Affair of that Importance, that concerns no less than 
the Lives, Liberties and Fortunes, of their Country- 
men, nay, and their Eeligion too? Is not this the 
grand Affair, the chief Thing needful at this Time, 
upon which they have so often been called together, 
and which the House of Assembly are under solemn 
Engagements and publick Promises to go through with 
and compleat? Instead of which that House have dis- 
agreed to the Alterations made by the Council to that 
Bill, and have even declin'd having any Consultation 
or Conference with the Council upon it. And, on the 
other hand, which is a very extraordinary Step, and 
without any Precedent but their own, and, as we con- 
ceive, unparliamentary, they have ordered the amend- 
ments made by the Council to be printed, in order to 
expose whatever Defects may appear in these Amend- 
ments, and to have it once more in their power to im- 
pose on the weak minds of those well meaning People, 
who have been so unhappy as to choose such Men to be 
their Representatives. 


But tho' this Step, taken by the Assembly, is wrong, 
and unworthy the Dignity of a House of Assembly, 
yet it gives us this Satisfaction, that thereby they 
plainly discover their own designs, and as plainly 
prove to every Man that has common Sense enough to 
know what his real Interest and Security in this case 
is, that the Council have been the true Patrons and 
Friends of the People on this Occasion. Some People, 
perhaps, may imagine, that by the Method proposed 
by the Council, the Militia would be put under a 
stricter Discipline than is necessary, and that it would 
occasion a needless Expence to the People, by forming 
one Troop of Horse out of every Regiment; but if such 
People would consider, that unless a MiUtia be well 
disciplined, and under good Regulation, they never 
will be able to make any tolerable defence; and as our 
Sea-coast, as well as the Land on the Back of us, is 
very extensive, and as we cannot know what Part of 
it an Enemy may enter or land at, every Man, that 
knows any thing, must know, that Troops of Horse 
are absolutely necessary on such an Occasion, w^ho, by 
being able to march much faster than Foot Companies 
can, may oppose and distress the Enemy till the Foot 
Companies can be brought up to their Assistance, by 
which Means many hundred Families in such a Part 
of the Province may be preserved from Ruin. Since 
then no one can tell where the first Blow may be 
struck; since Troops of Horse are most fit to hinder 
the Progress of an Enemy; since it is for the Peoples 
own sakes that such are proposed; since such a disci- 
phuQ can only be designed for the Preservation of the 
People, their Liberties and Estates, and was to be at an 
End as soon as Peace is proclaimed; and since these are 
the only Means in our Power for our defence, such 
Troops, and such a Discipline, must be looked upon as 
absolutely necessary at this Time. 


Upon the whole, we beg Leave to observe to your 
Excellency, that as we have throughout this Repre- 
sentation preserved an honest Sincerity, and the 
strictest Truth, of which, from your own Knowledge 
of Things, and of our past Conduct, we persuade our- 
selves your Excellency will make no Doubt; so we 
conceive that we have just Reason to apprehend, from 
the past and present Conduct of the House of Assem- 
bly, that this second Rejecting of the BiU for making 
current 40,0001. by the Council, has been the chief 
Cause (we heartily wish it were the only Spring) of 
these unhappy, these ill-timed Differences. We are 
sensible. Sir, nay, we are well assured, that many 
People in this Colony, who have taken the Publick 
Money, will for some Time be distressed by paying of 
it in again; but all that we can say, as a Branch of the 
Legislature, is, that we heartily pity their Condition; 
but we cannot, in justice to our Country, and to the 
Trust reposed in us by His Majesty, redress a private 
Misfortune at the Expence of the publick Weal 

But why the Government should not, at this Time, 
be supported in as ample a Manner as it has been at 
any Time before, we own we are at a Loss to know, 
seeing there is now in the two Treasurers Hands, of 
the Literest Money arising from the Loans of this 
Province, which, by the Laws that gave it Being, is 
absolutely appropriated to the Support of Government, 
a Sum sufficient to support it for at least three Years 
to come; the House of Assembly having notwithstand- 
ing lessened your Excellency's Salary one Half, 
reduced that of the Chief Justice to one Fourth, and 
cramped all the rest of the Officers of the Govern- 
ment, let their Pretences be what they will, must 
convince the World, that they do intend, by such a 
Conduct, to compel your Excellency and the Council 
to fall in with their Measures; but we trust, that 


neither your Excellency, nor the Council, \vill prosti- 
tute the Trust reposed in you and them by His Majesty. 

The Assembly indeed, by their Azotes and Resolves, 
pretend a Necessity of being frugal of their Money (as 
they are pleased to term it) in order to be able to assist 
His Majesty in case of Necessity; but we are well 
assured, that His Majesty would be much better 
pleased with their supporting His Government in the 
usual Marnier, with their putting His Colony in a 
proper Posture of Defence, and with their preserving 
Peace, Unanimity, and a good Understanding among 
His People here, than with any trifling Sum they are 
able to assist His Majesty with at this Time. 

What Lengths the Gentlemen of the Assembly 
might have gone upon this Occasion, were it not for a 
noble Stand made by some worthy and more Knowing 
Members of that House, we shall not take upon us at 
this time to say; we are willing to impute their present 
Conduct to a mistaken Zeal, and their Want of a 
necessary Knowledge of the true Boundaries that 
divide the distinct Parts of which our happy Constitu- 
tion is composed, that is, the three Branches of the 
Legislature ; and we still live in Hopes, that when they 
come to Know how essentially necessary every Part, 
when confined to the proper Limits of its own Power, 
is to the Preservation and Well-being of the Whole, 
they will alter their present Measures, and heartily 
join with us in procuring to ourselves and the People, 
for whom we act, many salutary Laws, productive of 
Wealth, Peace, and lasting Happiness. 

As we can, from the Tranquillity of our Minds, 
assure your Excellency, that we have acted every Part 
with strict Honour in Defence of His Majesty's Pre- 
rogative for the Preservation of our happy Constitu- 
tion, and in Support of the true Liberties, Privileges, 
and real Well being of the People of this Colony; so 
we humbly pray, that your Excellency will lay this 


our humble Eepresentation at His Majesty's Feet, 
where we doubt not it will meet with a Treatment 
worthy the Known Justice of our Royal Master. 
By Order of the House, 

John Reading, Speaker. 

Letter from Governor Morris to the Lords of Trade — 
Recommendations for the Council. 

IFrom P. R. O. B. T. New Jersey. Vol. V, F. 71. | 

Triplicate, Kingsbury febry V^ 1744-5 

[N. B. Neither of the two former were receiv'd 
when this came. 28. May 1T45.] 

My Lords, 

This serves to Informe your Lps that my Letters to 
Your Lordships & the Secretaiy of State and the Pub- 
lick Papers are put into a Small box directed to your 
Lordships being too bulky to be made up conveniently 
any other way I sent them to New York to be put on 
board a Ship call'd the Queen of hungary one Hilton 
(I think) Master. Inclos'd is a representation of the 
Councill to me which if the other papers should not 
come to hand may give your Lps some insight into the 
present state of Our affaires. Partridge our Agent, or 
rather the Assembly's Agent, was directed by our late 
Assembly to Appeare against the Bill to be brought 
into Parhament with relation to the Paper currency: 
But he has no such Orders from the Govern uient. 
Lest he should Pretend to it and use that Assemblys 
direction as such I Inclose a copy of my letter to him. 

I have mentioned in mine to your Lps the Assemblys 
complaint of the Councills not being full. I could fill 



them up to no more than Seaven; which I have done 
as there was Occasion: But to take away all pre- 
tences of complaint on that head, I have recommended 
to Your Lordships to fill them up with the following- 
persons viz. Edward Antill' and James Hude' who are 
aUi-eady sworne into the Councill I have pray'd may 
be confirm'd, and that Andrew Johnstone', John Coxe, 
Peter Kimbol | Kemble(] and Thomas Leonard may be 
added to make up Eleaven residing Councellors. Alex- 
ander the 12^'' resides at New York; he has a great inter- 
est in this Province and is an usefuU man when he can 
attend. I have more fully mentioned this to Your 
Lps in my Letter; and write this lest that should not 
come to hand and this should, the men I have recom- 
mended are some of the most considerable men in the 

This gentleman re- 
sided at Raritan 
Landing and was, 
connected by niai-- 
riage with the Morris 
family. He was remarkable for his eccentricities.— See Contributions to East Jer- 
sey History, p. 327.— Ed. 

was one of a Woodbridge family of 
considerable note, but resided in 
New Bi'unswick, where he died in 
November, 1762, holding the office of 
Mayor of the city. His obituary in 
the New York Mercury states that he 
had held almost all the honorable 
offices and employments in the government, as well as those conferred by the 
people, and adds: " His deatli is not only an irreparable loss to the poor, who had 
at all times free access to his person and his advice and assistance without fee or 
reward, but to the pubhc is a subject of great regret."— See Contributions to the 
History of Perth Amboy, p. 374.— Ed. 

was the son of Dr. John Johnstone 
who has been frequently referred 
to in these images, whose sons 
dropped the final '• e '" in their 
family name. Like his father, he 
held many responsible offices, and 
continued in Che Council until his 
death, in 1762, and was character- 
ized by " good equality of temper, circumspection of conduct, an open, yet grave, 
engaging mien, much goodness of heart and many vu-tues, both public and pri- 
vate,"— See Contributions to East Jersey History, p. 72.— Ed. 


Province and firme in the interest of the present Gov 
ernment, Elce would not be recommended by my 

Your Lordships most humble 
and Obedient Servant, 

Lewis Morris. 

P. S. This Goes Via Philadelphia By one Mesnard 
by whom goes duphcates of the publick letters. 

Certificate of Governor Morris — concerning the Pro- 
prietors Surrender of the Government. 

LFrom the Original in Rutherfurd Collection Vol. III. p. 191, compared with tho 
Record in Secretary of State's Office at Trenton.] 

By His Excellency Lewis Morris Esq'; Captain 
General and Governor in Chief in & over 
the Province of New Jersey & the Terri- 
tories thereon depending in America & 
Vice admiral in the Same &c 

I Do hereby Certifie that I the Said Lewis Morris 
being employed by the General Proprietors Inhabiting 
in the Eastern Division of the Province of New Jersey 
to Negotiate their Surrender to the Crown of their 
Powers of Government I did accordingly in Conjunc- 
tion with Sir Thomas Ijane and the West New- Jersey 
Societie of Proprietors in whom the Government of 
the Western Division of New Jersey was then and in 
Conjunction with the Proprietors of the Eastern Divi- 
sion then in England Negotiate the said Surrender 
which was made to Her Majestic Queen Anne by the said 
Proprietors and my Self on the Sixteenth of April one 
Thousand seven hundred and two. That during the 
said Negotiation a set of Instructions were agreed on 


by the Crown with the said Proprietors to be given 
and continued to the Governors who should be ap- 
pointed by the Crown for the Government of New 
Jersey Three of which said Instructions so agreed on 
were in the following words Viz' 20 Our will and 
pleasure is that for the better quieting the minds 
of our Good Subjects Inhabitants of our said Pro- 
vince and for Setling the Properties and Possessions 
of all Persons Concerned therein, either as General 
Proprietors of the Soil under the first Original 
grant of the said Province made by the late K: Cha- 
2'' To the Late Duke of York or as Particular purchas- 
ers of any Tracts of Land from the same General Pro- 
prietors You shall propose to the said General Assem- 
bly of our said Province the passing of such Act or 
Acts whereby the Right and property of the said 
General Proprietors to the Soil of our said Province 
may be confirmed to them according to their respective 
Rights & Titles Together with all such Quit rents as 
have been reserved or are become due to the said 
General proprietors from the Inhabitants of our said 
Province & all such priviledges as are Expressed in the 
Conveyances made by the said Duke of York Except- 
ing only the Right of Government which remains in 
us And you are further to take care that by the said 
Act or Acts so to be passed, the particular titles and 
Estates of all the Inhabitants of that Province and 
other Purchasors claiming under the said Generall 
Proprietors be confirmed and settled as of Right do's 
appertain under such Obhgations as shall tend to the 
best and Speediest Improvement & Cultivation of the 
Same Provided always that you do not consent to any 
Act" or Acts to lay any Tax upon Lands that Lye 
unprofitable. New Article You shall not permit any 
other person or persons besides the said General Pro- 
prietors or their Agents to purchase any Land what 
soever from the Indians within the Limitts of theii- 


Grant. 33 You are to permit the Surveyors and other 
Persons appointed by the forementioned General 
Proprietors of the Soil of that Province for Surveying 
& recording the Surveys of Land granted by and held of 
them to Execute accordingly their respective trusts 
And You are hkewise to Permit and if need be Aid 
and Assist Such other Agent or Agents as Shall be 
appointed by the said Proprietors for that End to 
Colect and i-ecieve the quit rents which are or shall be 
due unto them from the Particular possessors of any 
Tracts or Parcels of Land from time to time Provided 
always that such Surveyor Agents or other Officers 
appointed by the said General Proprietors do not only 
take Proper Oaths for the due Execution & perfor- 
mance of their respective Officers or Employments 
and good & Sufficient Security for their So doing but 
that they hkewise take the Oaths appointed by Act 
of Parhament to be taken Listead of the Oaths of 
Alegiance and Supremacy, as also the test and Sub- 
scribe the forementioned Association, all which you 
are accordingly to require of them & not otherwise to 
admit any Person into any such Office or Employment, 
and you Are more Particularly to take care that all 
Lands Purchased from the said Proprietors be culti- 
vated & Improved by the Possessors thereof. 

Lewis Morris. 

Be it Eemembered that on the 28*'' of Februaiy 
1744-5 before Eobert Hunter Morris Esq'" Chief Jus- 
tice of New Jersey. His Excellency Lewis Morris 
Esq?" aforesaid acknowledged the preceeding Certificate 
to be his Act & Deed. 

Rob* H: Morris. 


The Lords of Trade to the Lords Justices — with recom- 
mendations for the Council. 

[From P. R. O. B. T. New Jersey, Vol. XV, page 38. | 

To their Excellencies the Lords Justices 

May it please your E.rcelleucies. 

Fenwick Lyell, Peter Baynton & Ai'chibald Home 
Esq" late Members of His Majesty's Council in the 
Province of New Jersey being deceased, and Edward 
Antill, James Hiide and Andrew Johnston Esq'-^ being 
recommended to Us as Persons every way qualified to 
serve His Majesty in that Station, We humbly take 
Leave to propose to your Excellencies that they may 
be appointed of his Majesty's Council in New Jersey, 
in the room of the said Fenwick Lyell, Peter Baynton 
& Archibald Home Esq"".^ 

Wliich is most humbly submitted 


M Bladen 
WhitehaU ) - R. Plumer 

June 19. lT-!:5. ^ B. Leveson CIowek 

Communic(dion from the Lords of Trade to the Lords 
Justices— -making further recom mendatioi/s for tJie 
Council of New Jersey. 

LFrom P. R. O. B. T.. New Jersey, Vol. XV, page 39.] 

To their Excellencies the Lords Justices 
May it Please your Excellencies, 

Cornehus Vauhorn, John Schuyler and John Wells 
Esq-^* late Members of His Majesty's Council in the 
Province of New Jersey, having desired Leave to resign 
their Seats in the said Council, the two former on 


Account of their private Affairs, and the latter on 
Account of his great Age and Infirmities, and Peter 
Kimboll [Kemble?], John Coxe, and Thomas Leonard 
Esq" being recommended to us as persons every way 
quahfied to serve His Majesty in that Station, We hum- 
bly take Leave to propose to Your Excellencies that 
they may be appointed of His Majesty's Councill of 
New Jersey, in the room of the said Cornelius Vanhorn, 
John Schuyler & John Wells Esq" 

Which is most humbly submitted 

J. Pitt Monson 

R. Plumer M Bladen 

B. L. GowER Ja. Brudenell 

Whitehall June 20. 1745. 

[Under date of September 18th, these appointments 
were all confirmed by the King in Council.] 

Representation to the Lords Justices from the Lords 
of Trade — proposing the repeal of the Act regula- 
ting fees. 

LFrom P. R. O. B. T. New Jersey, Vol. XV, page 14fi.l 

To their Excell'les the Lords Justices 

May it please your Excellencies 

We have had under Our Consideration an Act passed 
in His Majesty's Colony of New Jersey in December 
1743, Entituled an Act for ascertaining the Fees to be 
taken by the several Officers in, the Colony of New 

We have consulted M"' Fane one of His Majesty's 
Counsel at Law upon this Act, who has no Objection 
thereto in Point of Law, but as M'.' Morris, His Majes- 
ty's Governor of the said Colony, has informed us, that 
the Fees directed to be paid by this Act to the Officers 


of the several Courts of Judicature, are so inconsid- 
erable that no Persons of Character or Reputation will 
care to accept of Employment therein, We humbly 
propose to your Excellencies; that the said Act may 
be repealed, and as a further Reason for the Disallow- 
ance thereof. We humbly take Leave to lay before 
your Excellencies the annexed Account of the Pro- 
ceedings of the Assembly of His Majesty's said Colony 
upon this Occasion, taken from the Notes of that 
House, who ordered a Copy of this Act to be printed 
as a Rule for the People there to govern themselves 
by, notwithstanding it was passed with a Clause declar- 
ing that the same should not be in force till His Maj- 
esty's Royal Assent was had thereunto. 
Which is most humbly submitted 


R Plumer 
Ja? Brudenell 
B. L. GowER 
Whitehall ) J. Pitt. 

Aug^' 15. 1745. 

An Account of the Proceedings of the Assem- 
bly of His Majesty's Province of New Jer- 
sey, in relation to an Act passed there in 
1743, for ascertaining the Fees to be taken 
by the sev? Offices in that Colony. 

On the 21. of October 1743, a Bill entituled. An Act 
for ascertaining the Fees to he taken bjj the several 
Officers in the Colony of Neu- Jersey, was brought into 
the House of Representatives of the said Colony, where 
being unanimously agreed to, it was carried up to the 
Council for their Concurrence, who made several 
Amendments to the Bill, some of which the Assembly 


objected to, and Committees of both Houses, were 
appointed to confer upon, and settle the same, which 
being done, the Bill was passed by the Governor, Coun- 
cil & Assembly with a Clause suspending the Execu- 
tion of it until His Majesty's Pleasure should be known, 
notwithstanding which, the House of Representatives, 
with a design to defeat the true Intent and Meaning 
of the said Clause, did on the 5*)' of December follow- 
ing come to this Resolution, ' ' That as there is no gen- 
' eral Law for establishing Fees in this Colony yet in 
' Force, it is the Opinion of this House that the Act 
' entituled an Act for ascertaining the Fees to be taken 
' by the several Officers in the Colony of New Jersey, 
' passed by the Governor, Council and general Assem- 
' bly this Session, as it has the Approbation of the 
'three Branches of the Legislature here, ought to 
' have a due Weight with the Judges and all others 
' concerned and that they ought to take the said Act 
' for their Rule to govern themselves by. until His 
'Majesty's Pleasure be known concerning the same." 
And to the End that the said Act might be made pub- 
lick for the Service aforesaid, they ordered it to be 
printed. The Governor alarmed at this unprecedented 
Behaviour & Proceeding of the Assembly, proposed to 
them, amongst several others the following Queries, 
viz^ by what Authority they took ''upon themselves to 
' ' say that an Act expressly enacted not to be in Force 
"till the King's Pleasure is known concerning it, ought 
"to be a Rule to the Judges & others to govern them- 
" selves by? " 

And likewise, "By what Authority they order d the 
" same to be printed as a Rule for the Government of 
"the People?" 

To which Queries the Governor desired a direct 
Answer; Whereupon the Assembly came to the follow- 
ing Resolution, "That as this House only gave their 
"Opinion of an Act which had passed the three 


"Branches of the Legislatm-e here, and have not 
' ' assumed to themselves any unaccountable Authority 
" they think themselves not accountable for that Opin- 
"ion, and that it is not consistent with the Honour 
"and Dignity of this House and the Trust reposed in 
"them, to give any other Answer." This Proceeding 
of the Assembly induced the Governor to take Notice 
(in a Speech he made to both Houses on the 10*!' of 
December 1743) of the Assembly of the Assembly's 
carrying that or any other Act into Execution, that 
had been Passed by the three Bi^anches of the Legisla- 
ture with a Clause providing that the same should not 
be in Force till His Majesty's Pleasure was known, and 
likewise told them that he hoped they would be more 
prudent than to make an order for printing the same; 
notwithstanding which at their next Session they car- 
ried their former Order into Execution, and a Copy of 
the Act was printed in the Votes of the House of 
Assembly of the 20"' November 1744, for the purposes 








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List of Rioters in Essex County, 1745. 

LFrom Papers of James Alexander in New Jersey Historical Society Library. VoL 1] 

A List of Rioters Indicted in Essex County 
Quarter Sessions and Removed by Certio- 
rars into the Supf Court the November 
term following 1745 

Nehemiah Baldwin 
Joseph Pierson 
Daniel Williams 
Eleazar Lamson 
Gamaliel Crane 
A List of Rioters in Essex County Returned upon a 
Record of View filed in the Supream Court Nov"" term 

John Tompkins Abraham Ritger 

William Williamson Ebenezar ffarrand 

Stephen Young Thomas Gardner 

Job Crane Robert Young 

Thomas Sarjeant Jonathan Squire 

Robert Ward John Vincent 

Johannes Vanwinkle Hendrick Jacobus 

Thomas WiUiams Joseph Lawrence 

Levi Vincent Jun' Samuel Crowell * 

Wihlam Crane Samuel Stivers 

Elihu Ward 


Minutes of the House of Representatives of New Jer- 
sey, October od and IStlt, 1745. 

1 From Printerl Votes of the Assembly among Papers of F. J. Paris, Vol. P, No. 12.1 

Thursday, October 3. 1745. 
The House met. 

Mr. Eatton from the Committee appointed to prepare 
a Draught of a Message to his Excellency, with leave 
delivered it in at the Table, and it was Read, and some 
Amendments were made thereto in the House. 

And then the Question being put, whether the House 
agree to the said Message, (which immediately follows) 
or not; it pass'd in the Affirmative. 

That Mr. Crane and Mr. Hancock do wait upon his 
Excellency, and acquaint him, that when Mr. Speaker 
acquainted the House with the Direction his Excel- 
lency had given him. That they should let him know 
when met, &;c. It then became necessary to send their 
Message to the Place where his Excellency was; and 
that being many Miles distant from the Place of the 
Assembly's sitting, occasion'd their sending the Mes- 
sage with the particular Directions contained in it to 
their Messengers where to deliver it. That the House 
are sorry his Excellency's Weakness, with the Illness 
of his Lady, should hinder his meeting them at Bur- 

That however necessary the calling and keeping the 
Assembly together, at their last Meeting, might be, it 
had not, then, become the Subject of their Inquiry; 
therefore an Apology, to them, is unnecessary; Neither 
do they know, that either the House, or any of their 
Members, made Application to have their meeting put 


off untill a further time. They were, then, in pntsnit 
of a necessary Inquiry concerning their being reniovVl 
from Amboy to Trenton (an unusual Place for Assem- 
blies to sit in) as they apprehended very contrary to 
His Majesty's particular Commands. And the putting 
an End to that Enquiry, the House are apprehensive, 
might be a greater Inducement to his Excellency's 
Informers, for putting their meeting off untill a fur- 
ther Time, than any Regard they had to their private 
Affairs, altho' it was then Seed time. Tlie Kemeni- 
brance of the frequent Impositions of this kind, and 
His Excellency's so repeatedly receiving Informations 
from others concerning the Affairs of the (leneral 
Assembly of this Colony, without taking their mean- 
ing from themselves, naturally puts the inquisitive 
Part of Mankind in Mind of a Remark of one of the 
Wisest of Rulers, Pror. i>i». \-l. If a Ruler licarl-cen io 
L?cs, all his Servants are Wicked. 

The Assemblies of New- Jersey Jiave not, iuthcrto, 
let their private Affairs (altho in them they have suf- 
fer'd deeply, for these several Years past, both in Seed 
Time and Harvest) hindei- them from thinking calmly 
on the Publick Affairs. They did so in Trenton, when 
they passed a Bill for Support of this Government, 
wherein Provision was made for the several Officers of 
it: At the same Session they passed a Bill for settling 
the Militia of this Province, and one other Bill for pro- 
viding Arms and Ammunition for its Defence; the 
compleating of all these was frustrated by the Council. 
This House have, since that, at Amboy, calmly con- 
sidered the State of this Colony, and passed a Bill for 
the Support of this Government; which made the Hke 
Provision with the former; and one for settling the 
Militia, &c. wherein all the Provision for the Defence 
of the Colony was made, that could be madeconsisteiit 
with the Circumstances of it. These were made void 
by his Excellency's Prorogation. 


And now, tho' they think very calmly and concern- 
edly of their publick Affairs, they can't tell how to 
pass either of these, otherwise than they have hereto- 
fore pass'd them, untill they can obtain some Laws to 
enable them respecting the former, and Convincement 
in Judgment to induce them to altei' their Sentiments 
respecting the latter:. But as they told his Excellency 
at Amboy, so they are still willing to pass Bills of a 
Mke Kind, if those will be acceptable to his Excellency 
and Coimcil, but not to make any larger Applications, 
untill they have a sufficient Encouragement for their 
obtaining those Bills they then mentioned to his Excel- 
lency: And this Opinion they are confirmed in by the 
General Voice of their Constituents, which they con- 
ceive ought to have some Weight with His Excellency. 
And as it gives this House great concern to find those 
Obstructions to the pubhck Business thrown in the 
Way by His Excellency and Councill, still unremoved, 
so whenever they will be pleased to remove them, the 
House are ready and willing to proceed accordingly, 
untill that is done, they fear they shall but spend Time 
in Vain (as the Assemblies too often have done) in 
preparing of Bills at either their own, or the Country's 
Expence: They do therefore rather chuse, until then, 
to follow His Excellency's former Advice, to defer the 
preparing such Bills until some future favourable 
Opportunity, when Reason and Argument may have 
greater Influence. 

The Assemblies of New-Jersey have always made 
ample Provision for ]:)aying his Excellency's House 
Rent, ever since he came to the Government, (tho' 
never 'done for any of their Governors before) and had, 
in each of the above mentioned Bills, made Provision 
as largely as ever, notwithstanding His Excellency has 
now given the House his Opinion, that is a thing inde- 
pendent of the Support of Government: When his 
Excellency will be pleased to convince this House, that 


it is SO, he will not find it any hard Matter to perswade 
them that they have nothing to do in providing for 
the Payment of it, for the future. 

Whoever will take the Pains to read the Petitions, 
made to his Majesty for a separate Governor, and give 
themselves time to think, they will find they arose 
from the Necessity the Inhabitants were under, of 
having Acts of Government performed for the Ease 
and Relief of the People; and as this was the End and 
Design of the Petitions, so we have the greatest Reason 
to believe, from His Majesty's known Candour and 
Goodness, that it was the chief Inducement to him to 
grant their Prayers; and when his Majesty's salutary 
Intentions are answered by his Officers, the People will 
always exert themselves in keeping up their Salaries 
to the utmost, and sometimes even beyond their Abili- 
ties: But when they are so far disappointed of having 
those gracious Purposes complyed with, that they are 
in a worse condition than formerly, being not only 
obliged to groan under their former Grievances, but 
the Addition of new and unheard of Perplexities, then 
wiU they make Use of their known Rights and Privi- 
ledge allowed them by their hai)py Constitution, in 
judging according to Scripture and right Reason, that 
every Man ought to be rewarded according to his 

That the Law for setthng the MiUtia of this Colony, 
pass'd by his Excellency in the Year 1738, is still in 
force tiU March next, and from thence to the End of 
the next Session of the General Assembly. whi(-h will 
in some Measure answer the Want of those the Assem- 
bly have so often endeavom-ed for, in order to put the 
Colony into as good a Posture of Defence as they could 
do, without being able to obtain them; but as no 
Endeavours of theirs have been wanting, all the ill 
Consequences that may accrue for want of a better 
Militia Act, thev are humbly of Opinion, ought justly 


to be charg'd to the Account of those who have so 
often frustrated the Good Intentions of the Assembly's. 

As this Colony hath not (as the House can be 
informed) ever had anything to do in Indian Affairs 
(out of its own Limits) neither been partakers of the 
Benefit of their Trade, they make no doubt but the 
Treaty will be carried on to Satisfaction by those who 
are more immediately concerned in it than we are: 
And as their Commissioners are now meeting at 
Albany on a Treaty with them, wherein tliey are to 
have the Company and Assistance of (xovernor Clin- 
ton, whose prudent Conduct, with the Commissioners 
from the Neighbouring Colonies, the House doubts not 
will be sufficient to keep them in their usual Fidelity 
to his Majesty. But if it should happen, that those, 
or any other Indians, should make War upon any of 
the Neighbouring Colonies, this House will, as they 
have hitherto done, exert themselves to the utmost of 
their Abilities, to assist His Majesty and his Subjects 
against their Enemies. 

That it is with concei'ii tliey liear of the Riot com- 
mitted at Newark, and with Abhorrence of all such 
Actions look on those who will not be Subject to the 
good and wholesome Laws of our Nation, as Enemies 
to the Common Good; nevertheless, as far as we 
know, the Laws now in Force are sufficient for the 
Punishment of those that are guilty of the Breach of 
them; and the House are of the Opinion, that all vio- 
laters of Laws ought to be very early brought to Jus- 
tice; otherwise, as His Excellency very justly observes, 
the Infection will soon spread, common People will 
foUow the Example of their Superiors, and hope for 
the like Impunity. Had those Magistrates in the 
County of Hunterdon, complained of by the last House 
of Assembly for their subverting a Law of this Prov- 
ince, met with a due Discouragement from his Excel- 
lency, it might have deterred others from attempting 
anything of that Kind. The executive Power of the 


Law is entrusted with his Excellency, and only the 
Assistance in making them required of the Assembly; 
and when His Excellency will be pleased to point out 
to us, any Deficiency in the Laws for bringing to con- 
dign Punishment any of the aforesaid Offenders, it 
shall always have its due Weight with this House. 

That we have the Pleasui-e to acquaint His Excel- 
lency, that we were the first of the Colonies (except 
those immediately concern'd in the Undertaking) that 
gave a Sum of Money to purchase Provisions for the 
Use of His Majesty's Subjects at Cape-Breton; and 
what we then gave was judg'd since (as we ai-e 
inform'd) by our Neighbours to be in full Proportion 
with any of theirs; and we hope will be accepted as 
what we are at present able to do. This Colony, ])y 
Eeason of the Expedition to the West-Indies, and the 
large Number since gone in the Privateering Service, 
is very much drained of Men, and the Season of the 
Year too far advanced for the raising them timely 
enough to be transported to Cape-Breton, were they to 
be had, and we of Ability to defray the Expence, 
which at present we are not: And as timely Intelli- 
gence was sent to His Majesty of that Acquisition, we 
make no doubt but that he will take the Place under 
his own Protection and send Men to relieve those that 
are there. 

Friday. October iHth, 1745 

The Hoiiye Met ='= '•= ='= at two of the 
Clock in the Afternoon. 

Mr. Secretary brought a Message from his Excel- 
lency, which he read, and then dehvered to Mr. 
Speaker, and it is as follows, viz. 
Mr. Speaker, October the ISth. 1 745. 

I Received a Paper by Messrs. Crane and Hancock, 
which thev said was a Message from your House, 

252 admi>'I5Teat[ox of goter>'or lewis morris. [1T45 

which they dechned reading of for Reasons to them- 
selves best known: and which Men of any Modesty, 
tho* concerned in the contriving and forming of a 
Message of that Kind, wherein the Methods of com- 
mon Decency have been so much neglected, had but 
two much Reason to do. 

When the House present€d you as their Speaker, 
you prayed, that the usual Liberties supposed to be 
annexed to that Station might be granted to you: and 
that the Members of your House might at all Times 
have free Access to me upon urgent and necessary 
Occasions. 2d. That if in any thing you should mis- 
take or misreport any thing committed unto you to 
declare, that your unwilling miscarriage therein might 
be pardoned. 3d. That they might have Liberty and 
Freedom of Speech in whatsoever they might have 
Occasion to propound and debate in the House. &c. 
These Liberties &c. in Imitation of the House of Com- 
mons, were always asked, as they were by you. and 
always granted, both at Home and here: But so as 
they were discreetly and modestly used. 

So Priviledges, either inherent or granted, can be 
construed to give either your whole House, or any 
Member of it. or any else a Liberty of using any inde- 
cent Expressions, or of vUifying the Kings Representa- 
tive, or of abusing His Majesty's Council. 

The Conduct of your House at their last Meeting 
shewed, that they had not made ' as they teU me in 
their Message t what was recommended to them, at all 
the Subject of their Liquiry. and their not doing so. 
requii'es an Apology • tho" they say it doth not i for 
their gi-eat neglect in that Case: and the best they can 
make, is the heartily setting about, and effectually 
doing what was recommended to them, and needs so 
much to be done: and not the pursuing an Inquiry 
with which they have nothing to do. 

They may see by the King's Letters Patent und-;- 


the Great Seal of Great-Britain, and upon Record here, 
that the Calling, Adjourning, Proroguing and Dis- 
solving of General Assemblies, is a Power his Majesty 
has been graciously pleased to entrust with me; and 
Assemblies are bound on their Allegiance to obey. 
How far I may, or may not, execute these Powers, is 
contain'd in his Majesty's Instructions to me, which I 
have communicated to His Majesty's Council, one of 
the Parts that constitute a General Assembly, and 
who are the only Persons here that are to judge how 
far in that Case I have acted agreeable to His Instruc- 
tions or not: But I do not think it for His Majesty's 
Service, to communicate farther than I have already 
done, an Instruction, or the Effect of it, to you, with 
which you have nothing to do; I being only account- 
able to His Majesty, if I should neglect His Directions 
to me, which I have not in any Case done that I 
know of. 

Tho' the Members of your House might have spent 
their Time to much better purpose than trifling it 
away upon a needless Inquiry, yet I do not think it 
was any Motive to induce the Council (if they knew it ) 
to advise the Adjournment or Prorogation of the 
House: It might indeed shew them, as it did every 
Body else that knew what they were about, (as I did 
not) the incurable Disposition the Majority of your 
Members are possessed of, to quarrel and jangle upon 
every Occasion; and industriously to seek for Oppor- 
tunities, and make use of every Handle, to foment and 
increase that Difference between the Parts of the 
Legislature, themselves had so unwarrantably and 
unreasonably created, and leave no Method unessayed 
still to continue and promote. The Reasons the Coun- 
cil gave me for the Proroguing the last Meeting was 
the Necessity the Members were under of attending 
their private Afeairs at home, it being their Seed-time; 
and therefore advised me to prorogue them to Bur- 


lington. This was accordingly done, that they might 
then without further delay, enter and proceed upon 
the absolutely necessary Business they were called 
together for; which instead of doing of, they have, 
upon feigned frivolous pretences, avoided niedling 
with and left undone. 

The Gentlemen of the Council, who advised this 
Prorogation, at a Time when the publick Affairs 
required so much the Members of your House being 
kept together, are Inhabitants of the Western Divi- 
sion, are Men who well know the Seasons of Seed- 
time, and are well acquainted with most of the Mem- 
bers of your House, especially those that are of the 
Western Division, and their Circumstances; and is it 
not more reasonable to believe, that they gave this 
Advice for the Reasons they say they did, and that it 
was agreeable to the Sentiments of Men they were so 
well acquainted with, than to suppose they did it, to 
put an End to an impertinent Inquiry, which could be 
of no good Use whatsoever, but evidently entered upon 
to distract the Minds of the People, and to prevent the 
House from proceeding upon any of the Matters then, 
and before that, recommended to them, tho' of the 
utmost Consequence to the Safety of the Province. 

These Councellors are not my Servants, but his 
Majesty's, and is their any Reason, from this Advice, 
to conclude, that the Advisers are Lyars, and Wicked? 
Or that the Ruler hearkens to Lies, either from them, 
or any Body else? Expressions like these may gratify 
the malicious Temper of low Minds, unacquainted with 
the common Rules of Decency, and incapable of any 
thing above the Scum of the People; but will any 
Body, but such as themselves, say, that it is becoming 
the Representative Body of a Province to use such to 
the King's Representative, and with Respect to the 
Chief Magistrates of a Province? tho' ushered in by a 
Text of Scripture, in order to make the weak minded 


among their Electors believe, that the Apphcatioii of 
that Text to the Governor and Council is just; and to 
alleniate [alienate^'] their Affections from His Majesty's 
Government, and stir up Sedition amongst the People, 
upon no other Ground than the want of Shame and 
Manners in those that made Use of them. 

The Remembrance, as they say, of the frequent 
impositions of this Kind, and my repeatedly receiving- 
Information from others concerning the Affairs of the 
General Assembly of this Colony, put the inquisitive 
part of Mankind in Mind of the Remark of Prov. 21>. 
and the 12th. The Inquisitive and Ingenious part of 
Mankind are always capable of making suitable 
Remarks u])on wdiat occurs to their Observation; but 
that doth not give the Members of your House (who 
are by no Means in titled to that Character) a right to 
make Use of Scripture to abuse their Superiors; which 
no ingenious and honest Man would think there was 
Reason for doing on this Occasion. 

In a late Address from your House, they caU them- 
selves Plowmien: To such. Language of this Kind may 
not be disagreeable; and from such, remarks of this 
Kind not unexpected, as being most suitable to Men of 
such Characters: But the Wise Son of Syrach is far 
from reckoning such among the inquisitive Part of 
Mankind; or Men supposed capable of knowing what 
the inquisitive Part of Mankind would do in the asth 
Chapter of Ecle. the 25th, 2<;th and 33d Verses.' 

Pray what are the frequent Impositions of this Kind 
that they remember so well, and my repeated receiv- 

' A note is here appended in the handwriting of Samuel Nevill: 
••25 How can he get Wisdom that holdeth the Plough, and that glorieth in the 
Goad, that driveth Oxen, and is occupied in their Labours, and whose Tallc i.s of 
" 20. He givetli his Mind to make Furrows, and is tliligent to give the Kine Fodder, 
•• 33. They shall not be sought for in Publick Counsel, nor sit high in the Congre- 
gation; they shall not sit in the Judges Seat, nor .mderstand the Sentence of 
Judgment; they cannot declare Justice and Judgment, and they shall not be found 
where Parables are spoken." 


ing Informations from others? Let them give some 
Instances at least of these so frequent Impositions, if 
they can, for I remember none of them; and am so 
well acquainted with the Nature of Assemblies, and of 
this in particular, that I need no Information from 
themselves, or any Body else, concerning them. 

I do remember a Complaint of this Kind was made 
by the present Members of your House when they sat 
last at Amboy, upon as gi'oundless Pretences as now; 
upon which I shewed from their own Minutes, that 
they referred to, that I had my Informations from 
their Minutes concerning their Conduct. These were 
two notoj-ious to be denied; and with much ado got 
entred in their Minutes, tho' not in the right Place. 

By these Mmutes it appeared, and always wiU 
appear, while those Minutes (or Records if they please 
to have it so) remain, That the Difference now subsist- 
ing arose solely from the House of Representatives 
themselves, and was of their own seeking, unprovoked 
by me, and at a Time when I had granted them all 
they desired; and all things then seemed to tend to 
Peace, and a happy Settlement of the Pubhck in the 
Opinion of aU, except such who were resolved to quar- 
rel at any rate, and run the Province into Confusion. 

This Conduct was two notorious to be deniel, and 
too gross to be palliated; and the present House of 
Representatives, whose Members chiefly consist of the 
same Men that so industriously raised and promoted 
that Difference, and who still promote it to the utmost 
of their Power; was so unable to deny a Truth so well 
known and evident, that in their Address to me, they 
desired to be excused answering what I had said, on 
the Pretence, forsooth, of their being Plowmen, and 
not furnished with sufficient Talents for Controversy. 

When I moved the Assembly from Amboy to Bur- 
lington, (out of its turn) it was at their own desire: 
This came indisputably from themselves; they became 


Petitioners to me for doing so, and to induce me to do 
it, made large Promises in their Address to me, not 
one of which they have complyed with; and as it 
appears by their Conduct, never intended to comply 
wdth any of them: This shews what Opinion the 
World ought to entertain of the Truth and Sincerity 
of those great Pretenders to both. 

When I was at Burlington, I was suddenly taken 
very Sick, which confinVl me several Days to my Bed, 
and made my removal to my House at this Place 
necessary, where I was confined to my Bed and Cham- 
ber in great Pain the greatest Part of the Winter, and 
reduced almost to a Skeleton ; as I am now by this last 
lUness. This made the adjourning the Assembly to 
Trenton, about a Quarter of a Mile from this Place, 
necessary; in order to finish the Business then before 
them, and make good the Promises made to me in 
their Address, if they had any Intentions of doing it. 
This is a Fact known to all, and shew'd the Reason 
and Necessity of moving the Assembly at that Time 
to Trenton. There several Bills were passed by the 
House, and one in particular to make current £. 40,000 
in Bills of Credit; brought in with a pompous Pream- 
ble for the Reasons of doing it, viz. Building a House 
for the Residence of the Governor: A. Place for the 
Meeting of the Council and Assembly; and for keeping 
of the Secretary's Ofiice. These they well knew were 
good Reasons for making of such a Bill, and much 
wanted: But as there were no enacting Clauses, either 
in this Bill, or any other, for doing any thing of this 
Kind, it shews they never did intend to do any Thing 
of that Nature, and that this Preamble was mere Pre- 
tence, introduced with a View to induce the Council to 
pass the Bill as it was then drawn; but they did not 
pass either that or the other of their Bills, for Reasons 
they have assigned and are pubKckly known. The 
Council refusing their Assent, the Assembly then pro- 


ceeded to a Bill for the Support of the Government, in 
which they [lessened in}' sallaiy one half, and the 
Chief Justices three Fourths, and crainp'd most of the 
Officers, of the Government in their Sallaries: So that 
the Support of the Government was reduced to about 
the one Half of what was usually applyed for that 

This, they knew, neither would, nor could be 
assented to by the Council, as very insufficient for the 
Purpose; and all the Reason they assigned for this 
Conduct was, That Ways had been thought of to 
influence the Council to reject their Bills. The Coun- 
cil have undoubtedly a Right to approve or disapprove 
any Bills sent to them by that House; as is owned, 
and that whether influenced by Ways, or Reasons 
thought of by themselves, or any body else: But if 
they Exercise this Right, which it is on all Hands 
agreed they have a Right to do, your House is resolved 
not to support such a Government. 

This shews, that notwithstanding the Address of 
that House petitioning to be adjournal to Burlington, 
and the Promises made in it. That the Majority of the 
Members that made it, met at Burlington predeter- 
mined not to comply with any of their Promises; nor 
TO support the Government, or provide for its Defence 
by a ilihtia Act, unless the Council and my self 
assented to the Act for making £'. 40,()0(^ Current in 
Bills of Credit, and such other Acts as they had pro- 
posed, and in the Manner they had drawn them. 

Upon this, that House was dissolved, and the Pres- 
ent chosen, which consist chiefly of the same Men, 
and possess'd of the same determined Resolutions; 
and accordingly, during the Time of their last siting at 
Amboy, industriously fought, and readily laid hold of 
any Pretence that gave them the least Handle to dis- 
pute and differ; so that the Time there, was chiefly 
spent in Wrangles and Disputes, that should have 


been employ'd to much better purpose. At last at a 
Conference with you the Speaker, and some Members 
deputed by the House, the true Eeason of all these 
Delays and little Crafts to avoid doing v^hat they were 
called together for, came out; and that was, they 
wanted (as they called it) Encouragement: And the 
Encouragement they wanted was, a Promise that the 
Bill for making £. 40,000 in Bills of Credit, and two 
more they named, should pass into Acts. 

They did not pretend an Inability to support the 
Government, the C-ontrary being evident, and Money 
sufficient lying dead in the Treasury for that Purpose, 
but told me, the House would willingly support 
the Government with Sallaries as large as any had 
been given during my Administration, on Condition 
they could obtain these Acts; and after that sent me a 
Message, saying. They had solicited me, and that the 
House would wiUingly support the Government with 
Salaries as large, &c. on conditiou they could 
obtain these Acts. They add, what was not mentioned 
before, viz. That would enable them to do it in a 
Manner they coidd ap^jrove of; What that Man- 
ner would be, I know not; tho' from their pass'd 
Conduct, it is not very difficult to guess. But the 
Messages then, and now sent to me plainly shews, that 
the passing the Bill they sent up, both by the Council 
and my self, and in the Manner they have drawn it, 
to make £. 40,000 in Bills of Credit is a condition 
of supporting the Government, a Condition which if 
not performed, they declare will not support the Gov- 
ernment in the usual Manner even for a single Year. 

They say, they shall be enabled to support the Gov- 
ernment by the having that Act in a Manner they 
could approve of: But pray what Manner is that'^ 
Would the Government have any greater Security 
than it has already of being supported;' Or is there 
anything to be gathered from their past Conduct of 
their supporting the Government as they oughts 


When the Act was in Agitation against bringing 
Actions under Fifteen Pounds into the Supreme Court, 
they were so sensible that it abated considerably of 
the Perquisites of the Chief Justice, that they con- 
sented to add to his Sallary in Consideration of that 
Abatement; but notwithstanding, when they had by 
that Means obtained the Act, they soon after took off 
that Part of his Sallary, and more. 

However essentially necessary they call, or think 
their favourite Bill for making £. 40,000 current in 
Bills of Credit, the Gentlemen of the Council, who 
know as much of the Matter as your House do, aud 
have as great a Eight to think and Act in Legislation 
as they have, think that Bill to be neither necessary 
nor convenient, but the Contrary, and accordingly 
refused their Assent to it, as they have to your other 
Bills. Bat supposing they should be so far influenced 
by your Clamour, as to assent to such Bill, or to that 
Bill, what Security has the Government of being bet- 
ter Supported than it was before? 

You may call any Bill that you think fit to propose, 
essentially necessary, and refuse to support the Gov- 
ernment if not assented to, as well after that Bill is 
passed as before; and as Things are Circumstanced, if 
the continue so, your House will always have the same 
Means in their Hands, and it is not impossible to 
suppose they will make use of them for the same Pur- 

In a Message of, I think the 27th of May last, your 
House say, that they are determin'd to assent to no 
larger Applications until you can have an Assurance 
of obtaining some Acts they think they have a right 
to, one of these is the Act to make £. 40,000 in Bills of 

It is a Point disputed whether any Man, or 
Authority, can oblige a Man to take a Piece of Paper, 
of not a Farthing Value, for the Value of One Shilling 


or Five Pounds in Silver: But pray how came your 
House by the Right of making these Bills themselves, 
or having them made for them^ 

When I called you to this Place, instead of meeting 
you at Amboy, I told you the Reason of my doing so 
was my not being able to attend at Amboy: The Thing- 
was evident to yourselves, and all that saw me; and 
the necessity of your Meeting here, or not at all, being- 
self evident; there was no need of the formality of 
calling the Council, could they be easily got together 
(as they cannot) to give an Advice, which of Course 
would have been given, as will appear by what Advice 
has been given on the present Meeting here by His 
Majesty's Council, who are the only Persons concern 'd 
to advise in this Case; but their Advice is but Advice, 
and of no greater Authority ; and tho' I always have, 
and always shall be, glad of receiving it when I can 
get them together, or the smallest Quorum of them, 
and pay a great Regard to what they do advise; tho' 
it is no easy Matter to get them together, there being 
no Provision made to defray the Expence of their 
Attendance; yet if I should take upon me to act with- 
out, or even Contrary to their Advice, His Majesty, 
upon seeing the Reasons of my doing so, is the only 
Judge whether I am blameable or not: But not your 
House, or any Member of it, to whom I am no Ways 
accountable that I know of. 

By your Message to the Council, your House 
demanded of them to know whether you were 
adjourn VI from Burlington to Trenton by their Advice, 
or not? The Answer to this Question being capable of 
being made by you a pretence and precedent for 
demanding in any Case, an account of what Advice 
they gave the Governor; and the Demand being made 
probably more with that Intent, than to know whether 
they advised so or not, (which they conceived youi- 
House had nothing to do with) They judg'd it by no 


Means adviseable to give you any Satisfaction on that 
Head, least it should be, in Times to come, made use 
of as a Precedent; being dangerous in its Conse- 
quences, because you, or future Assemblies, might in 
any other Case, demand whether the Council advised 
so, or so, or not, and if refused to be answered, afford 
a Pretence of Difference. 

Tho' your House might make that Demand with 
such an Intent as well as with other Views; yet I, 
who by their pass'd Conduct well knew they were 
capable of making any thing a pretence, and would do 
so, to avoid what was required of them, did (as much 
as I could to prevent their doing so) permit the Secre- 
tary to shew to the Speaker and some of the Members 
what Advice was given me on that Head: He accord- 
ingly informed the Speaker of this, who, with three 
other Members, came to the House of Mrs. Loveland 
and there the Secretary laid the Council Book open 
before them, and pointed to the side where the Advice 
was written: One of them seemed to read it cursorily 
over, and all of them might have read it if they would. 
But one of them ask'd the Secretary, whether the 
Governor had ordered him to shew it them, that they 
might enter it on their Journal? or Words to that 
Effect. The Secretary reply'd, that he had no Orders 
to that purpose; bnt was permitted by the Governor 
to shew it them, that they might (as the Secretary 
supposed) be satisfied that he had called them to Tren- 
ton by Advice of Council, and upon their declining to 
look into the Book more than had been done, he took 
up the Book and left them. 

Tho' most believed they well knew they were called 
to Trenton by Advice of Council, yet this shews, tliat 
they not only did not want any Information of this 
Kind, but that they refused to receive it when they 
might have it; and that all the Clamours they make on 
this Head, are groundless and unreasonable, as well as 


untrue Pretences, to avoid supporting the Govern- 
ment, or providing in any Case for its Defence; they 
being determined, as appears by their Messages, not 
to consent to a larger Apphcation of the pubhck Money 
to the Support of the Government than what they 
there mention; which they know will neither i\.nswer 
the End of supporting the Government, nor can be 
accepted as sufficient for that purpose; and by this 
Method entertain the vain Hopes of compelling the 
Governor and Council to assent to their Bill as they 
have dravv'ii it, of making Forty Thousand Pounds 
current in Bills of Credit; and this they may do on 
any other Occasion, as well after such a Bill passes as 
before, whenever the Council or my self refuse to com- 
ply with Demands or Proposals either of us think 
unreasonable or detrimental to the Publick. Of this 
Nature is every Thing else they have said, mere Pre- 
tences, and very weak ones, to avoid doing what was 
recommended to them, unless they have Forty Thou- 
sand Pounds in Bills of Credit. 

These Men (tho' they cannot bear to be told of the 
evident Miscarriages of former Assemblies) have 
unreasonably clamour'd in several successive sittings, 
because the Justices of Hunterdon were not prose- 
cuted, when they well know I never hindred them 
from being so. I took much Pains in a very weak 
Condition (as I am at present) to set that Matter in as 
clear a Light as I then could do, and the Law was 
open to any Body that thought themselves agrieved to 
prosecute them if they thought fit. and it is still: But 
why they should be displaced upon the Suggestion of 
a few Petitioners, till they were convicted of having 
done something to deserve it, ov prosecuted at the 
Charge of the Government, or at my own private 
Expence, especially since there is not any Support of 
the Government, nor is not, noi* never was since my 
Administration, any Fund appropriated for to defray 


the Charge of that or any other Incident, your House 
has never yet shewn me, nor I beheve never can? But 
if your House, who have taken upon themselves to 
determine, that these Justices have subverted the Law, 
or any of your Members, are inchned to prosecute 
them in a Court of Law, they are at Liberty to do so; 
for there only it can be legally determin'd, whether 
they have subverted the Law or not. This you have 
been told more than once, but resolve to make use of 
any Pretence, however groundless, to continue your 

The Laws are sufficient to punish Rioters, or other 
offenders: But neither the present Mihtia Act, nor 
any that you have attempted to make, are sufficient 
to quell a Riot of this Kind, or perhaps an Insurrec- 
tion, for which force may be necessary; which cannot 
be continued without some Provision to support them; 
nor can the Officers and Courts necessary to convict 
them, attend that Service, without SaUaries, or some 
Provision, to defray the Charge of Prosecution, which 
are not provided, nor, as appears, intended to be pro- 
vided for by your House. 

The Petitions for a separate Governor are known, as 
are the Reasons for making them; which were, that 
the Governor generally resided at New- York, and 
often preferred the Interest of that Province to the 
prejudice of this; that his Absence occasioned almost 
an intire neglect of the Affairs of this Government, 
and great Delays in the Administration of Justice, 
both in Causes depending before him in Chancery, and 
before him and the Council on Writs of Error: And 
whoever reads these Petitions, will (from your Mes- 
sage) conclude, that your House never did. Do you 
groan under these Grievances now? or did you at 
any time since my Administration? Have I been out 
of the Government at any time since I came into it, 
unless a small Time at first to provide for the Removal 


of 'Wife and Family into this Province^ Has there 
been any unreasonable or great Delays in Causes, 
depending before me in Chancery, or before the Coun- 
cil and my self on Writs of Errors Say if you can; for 
these were the Matters complained of. What Act of 
Government has been refused to be done, for the Relief 
of the People? You ought at least to have mentioned 
one among this heavy Load of Grievances that you 
groan under: But all this Noise of Grievances, this 
refusal of Acts of Government for the relief of the 
People, upon Examination, will amount to no more 
than the CounciFs denying their Assent to your Bill to 
make Forty Thousand Pounds, and this only is evi- 
dently meant by what they say. 

Tho' you never had, or never should have, any thing 
to do with the Indians out of your own Limits, or the 
People of Albany, yet (as an Indian War is not 
unlikely) Care should be taken to provide for the Sub- 
sistence of a Force to protect our back Settlements, in 
case it should happen: But it seems nothing is to be 
done, tho' absolutely necessary without Forty Thou- 
sand Pounds in Bills of Credit being made Current. 

You excuse the not giving Aid of Men to Louisburg, 
because the Province is drained of People by Priva- 
teering: Few went a Privateering from this Province, 
and notwithstanding the pretended Diminution by 
Privateering, or the real Number of three full Com - 
panies of 100 men each that went to Carthegena, the 
Province is so far from being drainVl of People, as you 
pretend, that by the Accounts now brought me in of 
their Numbers, there are above Sixteen Tliousand 
souls more than there was in the Year lTo7-S or 1738. 
when they were last numbered; so that what your 
House take upon themselves to assert, appears a poor 
Excuse, without the Foundation of Truth to support it. 

Lewis Morris. 

Then Mr, Secretary read a Prorogation under the 


Great-Seal of this Colony, whereby the General 
Assembly stands Prorogued to Tuesday the Nineteenth 
Day of November next, then to meet at Trenton. 

A Brief Vindication of the Piircliasers against the 
Proprietors, in a Christian manner. 

[From Papers of Ferd. J. Paris in the New .Jersey Historical Socif'ty Library. Book 

P, No. 3.1 

A I Brief Vindication | of | the Purchas- 
SORS I against the Proprietors | in | a 
Christian Manner. | 

I iiij The Preface to tJte Reader: 

I Have presented a Letter to thy Views, hoping that 
thou wilt seriously consider the Reason for so doing; 
as every private Man has a Talent committed to his 
Charge, at least one, and he will certainly and undoubt ■ 
edly be called to giv^e an Account, how and in what 
Manner he has traded with the same, whether he has 
improved it to his Mastei''s Advantange, or his own; 
And hkewise I tell thee Reader, That I have no Hatred 
against any Persons whatsoever, for I could heartily 
desire that all Men might be saved; yet this is what I 
have to say, that I have more Charity for some, than 
I have for some Others; Our Lord and Master Jesus 
Christ had three Favourites, [ivj Peter, Jaines andJohii, 
and of these Three John was the Darling. He was 
the Disciple whom Jesus loved, with a peculiar Love, 
and was admitted to lie in his Bosom; for in my Let- 
ter, it may seem to some Persons, that I have spoke 
more in Favour of one Party, than T did in the other; 
but I would have thee to consider, if I should vindicate 
any Manner of Persons in willful Sins I should become 


their utter Enemy, and for that Reason I vindicate 
none but what is agreeable to the Gospel, and so I 
desire of thee, That thou woiild'st not look on the 
Weakness of it, but mind the Intention and Manner of 
it, and so I would have thee observe these Rules; first 
believe thy self then to be no less accountable to GOD 
for such Sins of thy Thoughts, than of thy Words and 
of thy Action; EccL xii. 4. (Jod nlialJ bring ever/j 
secret Thing into Judgment, ivkether it be good, or 
whether it be Evil. Secondly, Think Contentment to 
be the truest Riches, and Covetousness the greatest 
Poverty; he is not Rich that hath much but he that has 
enough. That Man [v] is poor that covets more, and 
yet wants a Heart to enjoy what he has already, odly 
Think it not Part of thy Bussiness curiously to search 
into other Mens Lives, but narrowly to inspect the 
Error of thine own; it is much better to amend one 
Fault in ourselves, than find out an hundred Faults in 
another; Fourthly. Think it a greater Virtue to for- 
give one Injury, than to do many Kindnesses, because 
it is harder, and more against jVature? But let not 
the doing of one hinder thee from doing the other, for 
both are Necessary. Fifthly. Think him no true 
Friend whom one Injury can make thine Enemy; he 
must have no Friends that will have a Friend with no 

And also consider this further, that our Tongue is 
our Glory, the Index and Expression of our Mind and 
Thoughts, the Instrument of our Creator's Praise; and 
there is no Subject so sublime and honourable for the 
Tongue of Man to be employed about, as the Word 
and Works of God. There's a great difficulty -in gov- 
erning the Tongue, it being a proud and active Mem- 
ber, and therefore the Scripture places much Religion 
[vi] in bridling of the Tongue. .James i. 26. It is the 
great Wisdom of a Man to know when, and What to 
speak; how and when to be silent, for a Man may Sin 


both Ways, by over much Silence, as well as by over 
much speaking. Wo be unto us if we want a Tongue 
to pubhsh God's Truth, to plead God's Cause, to vindi- 
cate God's Honour, and to sound forth God's Praise. 
Yet place not Religion in Talk only, nor Measure 
Goodness by good Words; 'tis much easier to Talk like 
a Saint than to be one. If thou canst not speak well 
of thy Neighbour, be silent, except the Glory of God, 
and the good of others oblige thee to Speak. And now 
Reader consider is here any thing contrary to thy 
Opinion, take care and do not abuse the Word, least 
thou come short of that Glory, wiiich shall be made 
Manifest for nothing is more certain than Death to all 
Men. But how dreadful will death be, when it comes 
to be death Eternal. 

And now Reader thou dost find here some few 
Verses presented to thee, with an Intention to soften 
thy Heart, before thou readest the main Intention of 
my Letter, and likewise a few" Ejaculation as in the 
latter End. 

[vii] A Song of Praise to God. 


How Glorious is our Heavenly King 

Who Reigns above the Sky! 
How shall a Man presume to Sing 

His dreadful Majesty? 


How great his Pow'r is, none can tell, 
Nor think how large his Gi'ace; 

Not Men below, nor Saints that dwell 
On high before his Face. 


Not Angels that stand round the Lord, 

Can search his Secret will; 
But they perform his Heavenly Word, 

And Sing his Praises still. 


Then let me join this Holy Train, 

And my first Offerings hring; 
Th' Eternal God will not disdain 

To hear an Infant Sing. 

My Heart resolves, my Tongue obeys, 

And Angels shall rejoice 
To hear their Mighty Maker's Praise 

Sound from a feeble Voice. 

[viii] SONG. H. 

Praise for Creation and Providence. 


I Sing the Almighty Pow'r of God, 
That made the Mountains Rise, 

That spread the flowing Seas Abroad, 
And Built the lofty Skies. 


I Sing the Wisdom that ordain'd 

The Sun to Eale the Day; 
The Moon Shines full at his Command, 

And all the Stars obey. 

I Sing the Goodness of the Lord, 

That fiU'd the Earth with Food; 
He form'd the Creatures with his Word, 

And then pronounc'd them good. 


Lord, how thy Wonders are display'd 

Where e're I turn mine Eye! 
If I survey the Ground I tread, 

Or Gaze upon the Sky. 



There's not a Plant nor Flower below, 
But makes the Glories known; 

And Clouds arise and Tempest blow 
By order from thy Throne. 

[ix] " VI. 

Creatures (as num'rous as they be) 

Are subject to thy Care; 
There's not a Place where we can flee, 

But God is present There. 

In Heav'n he Shines with Beams of Love, 

With Wrath In Hell Beneath; 
'Tis on his Earth I Stand or Move, 

And 'tis his Air I Breath. 

His hand is my perpetual Guard, 

He keeps me with his Eye, 
Why should I then forget the Lord, 

Who is forever Nigh^ 

SONG. m. 
Tlte all seeing God. 

Almighty God, thy piercing Eye 
Strikes thro' the Shades of Night, 

And our most secret Actions he 
All open in thy Sight. 

[xj n. 

There's not a Sin that we commit. 
Nor wicked Word we say, 

But in the dreadful Book 'tis Writ 
Against the Judgment Day. 



And must the Crimes that I have done, 

Be read and pubhsh'd there, 
Be all expose'd before the Sun, 

While Men and Angels hear^ 

Lord, at thy Foot asham'd I lie. 

Upward I dare not look; 
Pardon my Sins before I die. 

And blot them from thy Book. 

Remember all the Dying pains 

That my Redeemer felt, 
And let his Blood wash out my stains. 

And answer for my Guilt. 


may I now forever fear 

T' indulge a Sinful thought. 
Since the great Clod can see and hear 
And Write down every Fault. 

[xi] SONG. IV. 

Solemn Tlioughfs of God and Death. 


There is a God that Reigns above. 

Lord of the Heavens, & Earth & Seas: 

1 fear his Wrath, I ask liis love, 

And with my Lips I sing his Praise. 


There is a Law which he writ. 
To Teach all what we must do; 

My Soul to his Command submit. 
For they are Holy, Just and Tiue. 



There is an Hour when I must Die, 
Nor do I know how soon 'twill come; 

A thousand Men as young as I 

Are call'd by Death to hear their Doom, 

(1) A Brief Vindication, &c. 

To the Inhabitants of Newark, and The rest of the 
American Brethren; sendeth, these few Lines Greet- 
ing; Hoping by the Blessing which is in Christ Jesus 
that you will give your Attention. Now, as every 
Man that is born of a Woman ought to consider, that 
there is Nothing concerns a Man so much as the Sal- 
vation of his Soul, this is the Thing in Hand to con- 
sider; methinks, according to the Ways and Manner 
of acting at this present Time, there is but little, or 
very little indeed that takes Notice of this great Work 
of Salvation; there is a {2) Heaven of Happiness before 
us, and also a Hell of Tormenting, and yet we live in 
this World as if this was false, and a he too; as it may 
be seen in a plain sight to those that's true to the 
eternal King of Heaven, and he that walks willfully 
contrary His rule can't be look'd on no other but as 
bastardly Broodes; for Reason itself against us, that 
those are Enemies to the God of Truth, and then con- 
sider first. There is one Thing needful to every Man's 
Salvation, and that is this, Namely, a right Knowl- 
edge, a right Faith and a righteous Life; Knowledge is 
the Foundation of our Faith, and Faith the Foundation 
of our Obedience, and Obedience the condition of our 
Happiness; for although a Man may know the Will of 
God, and not do it, yet he can never do it acceptably 
and not know it. ' A wilfull ignorant Man can neither 
serve God, nor be saved by Him. And this I suppose 
you'll all agree to believe, but not to perform and 
practice the same; And so I beg leave, if pleaseth to 



give me this Liberty by sending this Letter (3) among 
yon, hoping yon'll consider the great Talent tliat is 
committed to you by our Lord and Master Jesus Christ, 
and likewise to consider who he is, and what he has 
undertaken for us, by giving his revealed Will unto 
us Christians to work thereby, for he gives us this 
Charge; Occupy until I come, or else hold fast which 
thou hast, until I meet thee again at the Day of Judge- 

And now comes the second Cause to consider, and I 
hope you'll not be forgetful Hearers, this is the Coun- 
cil of every godly Man? Be strictly Just in all thy 
dealing with Man, and think not thy self discharged 
from the Duty of Righteousness towards thy Neigh- 
bour by any extraordinary measure of pretended Zeal 
and Piety towards God, for all such pretences to Piety 
are but Hipocrisy, if Men be not really Honest as well 
as seemingly Devout; for Dishonesty and Unrighteous- 
ness will certainly shut Men out of Heaven, as w^ell as 
Impiety and Prophainess. / Cor. vi. 9. 

(4) The third Consideration in Hand; Be covetous of 
nothing but of doing Good, and Prodigal of nothing 
but of good Council, remember also thou Reader, that 
readest these Lines, that the fourth Cause is next. 

Unwillingly undertake a Suit of Law, and most 
willingly make an End of it, chuse rather to buy 
Quietness with some Loss, than Gain much by Strife 
and Contention; for going to Law is one of those law- 
ful Things, which is \ ery difficultly manag'd without 
Sin, 'tis rare if a Man wi-ongs not his Soul by righting 
his Estate; which brings me on the full of my Inten- 
tion, but few Words is necessary to consider. First, 
Perhaps some will object and say, it is not for Men of 
a private Capacity to dispute but obey; well, then I 
look upon this obedience to be the rule of Life both 
Body and Soul; and then to consider who is this obe- 
dient Person? Now comes the Question, and this is 


the Matter in Hand : You may see with a clear Sight 
that there is Envy, Revenge and Malice brought into 
this (5) Town of Newark, and when these Guests 
comes, the Devil comes too, and when these comes 
into Being 'tis a hard matter to drive them out, and 
when these Evilers remains, there is no Duty, no 
Praise to our Creator. And it thence is Duty upon 
Duty heaping up vast number of Duties, but 
little or not all dutifull. For what was he the better 
for sitting with Christ at the Passover when his Heart 
was on his Money, it was his Sin of Covetousness that 
made him sell his Master that innocent Son of God, 
and then the best Ease he could get was to Hang him- 
self; a woeful Remedy indeed I Which brings me on 
to shew you, that Coveteousness was the beginning of 
this misrule and mistake that has happened among us. 
But first. I hope you will bear a httle with me in my 
Folly and consider this. It seems to me that many 
Men think, if he can perform some formal Service, 
after he has committed some great Crime, that God is 
at Peace with them without Heart breaking, Faith or 
the Spiiit, draw (6) a Skin over their Hearts, and then 
there is Peace for a Time, others, whose whole Life 
was spent in Oppression, and every Penny worse got 
than other, if about the Time of their Death they per- 
swade their own Conscience by saying or framing a 
Prayer, they have Peace without any Satisfaction or 
Retribution according to the Law of Repentance. 
What tliey have wickedly got. they leave to their 
Heirs, who are made happy by their Fathers going to 
the Devil as the Proverb Saith. They never loosed 
their Bonds of Wickedness, and now Chained in the 
Bonds of Black Darkness for ever. What Numbers of 
Ruffians there is in the World, Contemners and Pro- 
phaners of the Lords Ordinances, Scorners of Religion, 
out facers of Godliness, whom the Lord hath shut 
Heaven against, go on in a graceless venturous Pre- 


sumption, by this guile of the Heart (coveteousness) 
kept from seeking Peace with (tocI in Season, though 
the Lord says; Hell was made for them, they say, I 
shall Escape Hell'^ Whether of (7) these Words shall 
stand; they think nothing more easie than Repent- 
ance. This Sin if I do it, is not unpardonable, I shall 
repent and find forgiveness hereafter, God calls at all 
ours: So he neglected all Council; Those exhor- 
tations come not near him. Seek the Lord ivldle he 
may he found to Day if ye go wilt hear his Voice, 
&c. I gave he)- a ti7)ie to repent, but she repented not. 
The Lord would Jiave Purged them, but they would not 
be Purged; till his Severity suddenly cut them off as 
unprofitable Servants. Would a Man be so careless of 
his Body, as to suffer a Disease to prevail by Weeks 
and Months together; because, so long as there is Life 
he may seek help and recover? No, he will presently 
seek help and recover, be he never so Young but for 
the Soul, Men put off from Age to Age, and because 
they can repent hereafter, they will do that whereof, 
they may repent: And whereof indeed they shall 
repent, though too late. After Sin, the guile of the 
Soul is not Sleeping, though the Conscience often (8) 
be; for whereas after Bodily harms Men are for the 
most part Wiser, here they ai'e more FooUsh, unless 
the Deceit be more timely discovered; the Truth is, if 
every Sin might be seen in it's own C*olour, it would 
be as Black as a De\al. But that Sin might go down 
the Cleanlier and stay in the Bowels, the Heart is not 
backward to join with Satan in the \^arnishing and 
Colouring of it. Hence it is that Cut-Throat Cove- 
teousness goes masked under the Habit of good Hus- 
bandry: and all other Black Vices are grown near of 
Kin to the uiost beautiful Virtues. The wicked hark! 
can' defend it: All Eves brood suckt this from her; 
When God came to her, the Serpent gave her to Eat, 
when he comes to Adam, his Wife gave him to Eat, it 


seemed but reasonable when he comes to Cain, who 
made him his Brother's Keeper;^ Come to the Cove- 
teous Man, he hath Scripture for himself, he that pro- 
vides not for his Family is worse than an Infidel, come 
to the Drunkard? why, was not Noah (9) Drunk and 
man}^ good Men besides; come to the Swearer, he is 
safe, so long as he Swears nothing but the Truth, and 
by that which is good, be it Bread, or Fire, or Salt, for 
his false Heart, tell him God is Merciful? come to an 
Atheist, that never kept the Sabbath in all his Life; 
so that with him there is but little difference between 
it and another Day of the Six; why? Was not the Sab- 
bath made for Man and not Man for the Sabbath, he 
can serve God on his Horse -back none but he and his 
Horse together: Another tells us, how the best Sinneth 
seven times a Day. This is Sin grown Witty and 
Strong within the Wall of a false Heart and fears no 
Colour nor Forces. Again, w^hen a Man is a A^ile and 
a v/icked Person in God's Eyes, this guile of the Heai't 
makes him think himself highly in Favour with God, 
Job. -8 The Jetvs bragged they tvere the Son-'^ of 
Abraham, ivlieii Christ told them they imre of their 
Father the Devil. The Pharasee could say. Lord, I 
aui not as this Publican, when he was a (10) Limb of 
the Devil. And this guile is fed by sundry delusions: 
As First, by a conceit of Eighteousness; while Men 
Measure themselves with themselves, or with some 
great Sinners, as they suppose; so did the Pharasee; 
Or by the crooked Rule of civil Rigiiteousness, the 
common Speech is now, I am No Swearer. No Thief. 
No Drunkard. No, I would not for all the World be 
so bad as some of those Professors, so Coveteous, 
Contentious, such a Dissembler: So for outward 
Righteousness, as the Phai-asee looked at the Law, he 
l)aid Tiths of all, and dealt justly these pay Tiths, afud 
does truly give every Man his own, keep their Words, 
are good the Poor, keep good Hospitality, But all 


this while are Ahve (as Paul saith) without the Law, 
not considering what Righteousness God there requires, 
and not seeing the Corruptions of their Hearts, neglect 
inward Lusts, rising up against God and his Laws. 
When only is it. that Poor Men, who live in the Breach 
of all Gods Laws, despise (U) the Word, neglect 
Prayer, Prophane the Sabbath, Swear without Sense 
or Touch, and serve their Lusts, yet can carry all with 
this Conceit, they mean no harm; whereas if God ever 
open'd their Eyes to see their Faces in a true Glass, 
they shall see how Sin decieved them, and shall pro- 
nounce the Sentence of Death against themselves, and 
the Flower of Righteousness. 

(The Heart) it will make a Man outwardly seem a 
true Worshipper of God, it will bring the Body, and 
frame it to Reverence, when there is none within; it 
will make the Lips draw near, when the Heart is far 
removed; it makes Congregations and People sit before 
God, when their Hearts after their Covetousness. 
Idols in Churches are put down, but Idols in Mens 
Heart are set up: And this is the Reason why the 
Word and Prayer are so sorrowless; we have Mens 
Bodies now and then say's the Preacher, but seldom or 
never their Hearts. Yet we can shew the Shell of any 
Duty, but never (12) cares for the Kernell Inwardly 
it can Counterfeit the most Excellent Graces ; as First, 
Faith, when it hath never a Jot; it will presume of 
God's Mercy and think this Presumption Faith. What 
Man saith not, he believes that he shall be saved? But 
all Men have not Faith, saith the Apostle: Therefore 
it is a Shadow without Substance. Oh! Dreadful Sirs, 
to be in this World without Faith, Is dreadfnl indeed. 

Now comes another Cause to consider, which is 
Love, our Lord and Master Jesus Cluist gave us a 
precept in Mat. xxii. 30. that we should love our 
Neighbours as our Selves, and by this Precept shall 
Men find whether they are Christ's Disciples or not, as 

yt8 ADMiMSTRATION of G0VP:RN0R lewis -MORRIS. [174G 

it is to be seen in Job. xiii, 35. By this shall all Men 
know that ye are my Disciples if ye love one another 

saith our blessed Saviour. Again, Love, where is 

nothing but Devilish Malice. 

Neighbours are fallen out, and are at Deadly hatred, 
at the Time of the Sacrement, both of them dissemble 
Love & (13) Charity: But after it, they are as Mali- 
cious and Mischievous as ever they were before. 

Now Men and Brethren I hope you will not take it 
amiss of me by sending this Letter among you, what- 
soever I say to you, I say also to mine own Soul; and 
so I shall come a Httle closer to the Matter in Hand by 
taking hold of some Steps by the Way the wise Man 
even Solomon hath put down several Precepts for we 
Christians to learn the Method of Christianity, and so 
I shall Produce some of them to your View, Prov. xiv. 
31. He that oppresseth the Poor, reproacheth his 
Maker: But he that Honouretli him, hath Mercy on 
the Poor. xv. 1. A soft Answer turneth away Wrath, 
but grieveous Words stir up Anger, 10. Correction is 
grieveous unto him, that forsaketh the Way: And he 
that hateth reproof, shall die, 1 1. Hell and Destruction 
are before the Lord : How much more then, the Hearts 
of the children of Men, xxi. '2. Every way of a Man is 
right in his own Eyes: But the Lord pondereth the 
(14) Hearts, 3, To do Justice and Judgment is more 
acceptable to the Lord than Sacrifice, 13. Who so 
stoppeth his Ears at the Cry of the Poor, he also shall 
cry himself but shall not be heard, chap, xxviii. 1. The 
Wicked flee when no Man pursueth, but the Eighteous 
are bold as a Lion, vers. 3. A poor Man that oppresseth 
the poor, is like a sweeping rain, which leaveth no 
Food, vers. 4. They that forsake the Law, praise the 
Wicked; but such as keep the Law contend with them, 
vers. 22. He that hasteth to be rich, hath an evil Eye, 
and considereth not that Poverty shall come upon 
him, chap, xxix, -2. When the Righteous are in 


Autlioiity, the People rejoice; but wh^n the Wicked 
beareth Rule, the People mourn, vers. 4. The King 
by Judgment established the Land; but he that 
receiveth Gifts overthroweth it, vers. 7. The Right- 
eous considereth the Cause of the Poor, but the 
Wicked regardeth not to know it, vers. 14. The King- 
that faithfully judgeth the Poor, his Throne shall be 
established forever, chap, xxvii, 3, 4, 5, 6. A Stone 
is heavy, and (15) the Sand is weighty; but a Fools 
Wrath is heavier than them both. Wrath is cruel & 
outragious; but who is able to stand before Envy. 
Open Rebuke is better than secret Love. Faithful are 
the W^ounds of a Friend: but the Kisses of an Enemy 
are deceitful. 

Well then, I hope you will consider of this, and take 
your Hearts into Talk, by examining your selves 
before it is too late; for there is no working in the 
Grave, where we are hastning Night and Day. The 
Word is, now is the Day of Sahnitiou. 

Well then by your Leave I shall examine this Mat- 
ter by all things in a clear Sight, according to my 
Ability; you are sensible there is Strife and Conten- 
tion, Revenge, Envy and Malice among you, and how 
this came into Town after such a Rate, I am now to 
declare; you are told that Couetuusness is the Root of 
Evil; It was covetousness made Eve the Mother of all 
hving, to covet that forbidden Fruit. It was Cove- 
tousness (16) made Ahab to desire Naboth's Vineyard. 
It was Covetousness and Hypocrysy made Ananias and 
Sapbira his Wife to keep back Part of the Money, and 
was struck down dead, to be an Example for them 
that would follow after. And so all along the Old 
Testament, and likewise the New. 

It is very plain. That Coveteousness is the Root and 
Fountain of all Sin, and likewise the Root of all 
Misery. Of aU Sins which the Ministry have taxed 
for the common People there is none so noted and 


exclaimed against as their Hardness, Worldliness, 
gathering of Goods and Wealths together, and the Sin 
is so much observed above all others, as that an honest 
counted Man can scarce be free from this Imputation, 
by Reason that it goes under a Mask, undiscovered to 
Many. And I think it is a plain Cause to all Men, 
that it was Coveteousness brought in these Proprie- 
tors, as you call them, into the Plantations of these 
poor People. If there was not (17) some desirable 
Entertainment for the Flesh you would never seek 
those Improvements. Let Conscience speak, and I 
dare say it will accuse; but if you stifle the Voice of 
Conscience now, it will perhaps accuse some other 
Time. I think it is plain enough before you, that you 
was the Beginning of these Offences; you cannot 
properly say that you have obeyed that great Com- 
mandment of our Saviour, that is by loving thy 
Brother as thy self, or else me thinks you could not 
have that Heart, to put one of thy fellow Creatures 
into Prison, for cutting Wood on his own Land, for 
that shows plain that thare was no Love at aU. 

But further, you pretend that the Land belongs unto 
you hy Right and Title of Proprietorship. 

But I answer, that Right was never made publickly 
known in sight to common People unto this Day; you 
are very sensible, that there are many such that Pre- 
tendes to sell Land about the Country, especially in this 
Government, (18) under Pretence of Proprietors, and 
likewise Sold Land to poor People without giving any 
Title, but Quit Claim, as they call it, and so made 
some ignorant People believe that it was sufficient; 
and after a little Time, another comes to demand Pay 
for the Land, or else to Prison he must go. Then the 
poor Farmer, knowing not what to do in this Cause, 
agrees with the pretended Proprietor for some certain 
Sum of Money, by giving him Time to pay it; and I 
think it can be sufficiently proved, That Land has been 



houglit three Times by such Pretenders, and perhaps 
not come to the Right Owner unto this Day; And my 
Reason is this, if have Right and Title to this Land as 
you pretend, why do you not, warrant and defend 
when you give a Deed for the same; I never knew 
that any of those Preteiiders ever did.' Some indeed 
will warrant to defend the Land to keep in Safety for 
Ten Years or there about and then if another comes 
and demands the Land afterward, what (19) care he, 
he has got his Money, and away he goes to sell more 
if he can, or else gives out some threatning Words if 
they refuse to obey him; and that has been the Prac- 
tice in this Country, ever since I have been acquainted 
in this Land. 

But further, you have objected the Title of those 
People that bought of these Nations, which we call 
Heathens, the native of this Country, you are sensible, 
that these Nations were never conquer'd by the Sw^ord, 
for they are peaceable Nations. And likewise, the 
Crown of England Pay's considerable Bounty for their 
Peace amongst us. But if you go on after this Rate, 
you break the Peace with these Nations, by taking 
away the Land, that they have Sold peaceable to the 
Settlers of this Country, which I think is contrary to 
all Reason of Human Kind: And again, methinks 
that such Practice as this is now, is more Rebellion 
against the Authority, than taking a Man out of 
Prison, that was put in for cutting Wood on his own 
Land; now, let the God of Reason (2(») argue the 
Cause, and your Conscience awakened, and you must 
Confess that you was in Fault: Note this your actings 
and manner is contrary to the Gospel, and hkewise 
contrary to the Rule of the King of Great-Britain: 

' Mr. Alexander, in the title page of the original copy, vrrote: "Pages 17, 18 & 
10 Sum all thats any way to the purpose, one of these [pamphlets] could not be 
got to send to Mr Penn in June last possibly it may Entertain him a little to See it." 


God Bless him on his Throne, and preserve him in 
Health and Strength, to vanquish and overcome all his 
Enemies. Amen. Again, if you consider rightly yoa 
must Acknowledge that Coveteousness was the begin- 
ning of this unhappy Misfortune, by bringing in Con- 
tention and Strife, Divisions and what not Threaten- 
ings. Words, and such like Things which is contrary 
to the Rule of the Gospel and Nature of God. 

But further to consider, what a dreadful thing it is, 
to hear the Cry and Curse of the Poor, that must 
be dreadful indeed; to have the Poor Eob^d of their 
Habitations is cruel, you have hear'd it said, that 
ther's no Power but of God: The Powers that be, ai'e 
ordained of God. 

Well then, to consider this Tumult, whether it be of 
God or wholly of Men, (21) I shall be very Briefly in 
this Matter: For no Man knows the secret will of God, 
nevertheless we are Commanded to seek his revealed 
will, and so I shall do mine endeavour to find out: 
First, you have seen the People flocking together to 
defend themselves and their Habitations, which they 
have had in Possessions these many Years: You seen 
the People most wilhngly joined together to defend 
their Plantations with the utmost Vigour: Then you 
knew not what to do in this Cause; your great expec- 
tation like to come to poor Accompt or to none Effect, 
your great Treasures that you made so much Reakon- 
ing is like to come to Nothing, then you considered 
one thing and then another, you began to make Par- 
ties, and that was not sufficient, and then you went to 
some Ministers and told them your Grief, and desired 
them to Preach a Sermon for your Defence, to see, if 
that could avail with those People, but that would not 
do neither, foi- that brought a greater Strife and Con- 
tention still. For (22) the People was in displeasure 
with those Ministers for Preaching such Lectures, and 
indeed I cannot Blame them for it. If the Word of 


God is to be Preached, it is to be done in a more civil 
manner then so, if Ministers makes Parties he builds 
with one and pull's down with another; which makes 
me think that such Preaching is not agreeable to God's 
will: As it is to be observed in the manner and actings, 
when a Minister had done Preaching before they 
parted the House where they were Sitting, there was 
Division and Striving amongst them who should have 
the Land: And methinks that such preaching was 
nothing else but a Mocking of God's Word, which is 
very plain if rightly considered, for who can think, 
that great Jehovah, will hear such Prayers and 
Preachings when there is Strife and Contention, and I 
am Sorry that I must tell those Ministers that the 
Spirit of Blindness was upon them, or else methinks 
that they might percieve the Nature of things better. 

(23) But further to consider, after you saw that 
Preaching will not do, and will avail no good on your 
Side, then you Threaten the Law again by telling 
some, and giving out report of Threatening Words 
that you wiU prosecute the Law upon them; by rising 
such Report that they have broke the King's Laws, 
thinking to fright'n the poor Peoi)le out of their Habi- 
tations, by rising such an uproar amongst the Country 
in a sad confused Manner; which makes me beheve 
that tliis Power is of God, that is, by defending these 
poor Inhabitants of the Country, as you may plainly 
see; for such manner of actings is contrary to the 
Word: You rememl)er that I have said before in 
Proverbs, He that liastetJi to be Bich, liuih an evil 
Eye, and considereth not that Poverty shall come upon 
him; which methinks that you cannot help, but reflect 
on yourselves; but nevertheless here is another thing 
and matter to consider: You pretend to be the right 
Owner unto this Land by Right of FropriatorsliiiK and 
(24) these People pretend right Owners by Purchase 
of the Xatives of tliese Lauds, and you pretend to 


recover these Lands by the Law as you say, and these 
People pretend to keep and defend their Lands, untill 
they know who is in the right, Propriators or the 
Purchasers, for our Country Law cannot decide these 
matters for such matters belong to the Ci'own of Eng- 
land, and I doubt not, but it will be gladly accepted 
there for decidings of such Matters, for I do think that 
our Gracious King God bless him, will do Justice 
amongst his Subjects, by giving every one his Right 
and Title; neither do I think that he will take away 
from these poor Inhabitants one Foot of Land, that 
they bought of the Natives; and I doubt not but he 
will Vindicate them in their Proceedings, for it does 
look reasonable that they are the right Owners, by 
Reason of their Fore-fathers went in Hazard of their 
Lives among them, if they had not bought these 
Lands, they could not have any Peace among them. 

(25) And now let us consider another Matter, sup- 
pose these Natives was to live on these Lands that you 
pretend claim unto, would you drive that Heathen 
Man away from his Land that he makes use of it. No, 
you would not, neither dare you do it, for then you 
break the Peace with them, and also break and forfeit 
the Peace amongst the Inhabitants in this Country by 
driving People out of their Houses; but now the Cause ■ 
is altered, you are not like to prevail so no longer, 
untill the Inhabitants of this Country is better pro- 
vided from the King of Great-Britain and the Pears of 
the Realm. Which methinks will come to pass in 
little Time if you can agree like Brethren as you ought 
to do, by sending in your Petitions by Consent, and 
not go on this Way no farther, but join together Hand 
in Hand to find out the Truth of this Matter by send- 
ing Home your Petitions, to wise Men, which will 
settle you all to your Content, if ye be not Carnal Men, 
by walking in and after the Flesh, I. Cor. 3. 1. — 3. 
This will (20) appear in (Alas) but too many Parti cu- 


lars, as you may see this Day amongst you; and also 
among the Corrinthians. As, they were Carnal in 
this there was among them, Envy, Strife, and Division 
or Faction, vers 3. And because of this which was 
undeniable, the Apostle appeals to them and makes 
them Judges, whether they were not Carnal and 
walked as Men, in the Flesh, or according to Men and 
not according to God, as it may be expressed: Are ye 
not Carnal? Ye cannot deny it, 'tis undeniable, you 
cannot deny that ye are envious it Witnesseth (and is 
not only Witnessed by others) to your Faces, and 
therefore you cannot deny but you are Carnal, for 
such things are the Works of the Flesh, Gal v. 19. — 
21. And it comes from below, not only from Earth 
and Men, but from Hell and the Devil (who worketh 
these things in the Children of Disobedience, and in 
you who are here in Disobedient Children (if 3^e have 
bitter Envying and Strife in your Hearts, Glory not, 
and Lie not against the Truth, for this Wisdom 
(2Y) descendeth not from above, but is Sensual, Earthly 
and Devilish. Jam. iii. 14. 15. 'Tis such as a Spirit- 
ually and Heavenly Wise Man would be asham'd of. 
Whoever then be found as these are will be counted 
no other but Carnal, and walk as Men, wherever they 
are to be found, a Christian should excell the best of 
Men in all Morahty and Ingenuity, but to be Hke the 
worst of Men envious ones, tiie Devils Pictures is very 
Carnal indeed. 

But again, it seems to me that this Carnality reigns 
among Men so much, is, wanting of Religion to be 
grounded in the Heart, there is abundance of Chatting 
and Talking about Religion in the Country, as tliey 
can't help from making Parties, by saying, who is on 
our side some Men are, like as the Corrinthians, did it 
seems much confine, not only themselves, l)ut God 
too, to such a Man-ministry : They look for no Increase 
(some of them) unless Paul did Preach, nor others 


unless Apollo did Preach; as if their Faith and the 
Blessing had come from the Man; Poor (28) Men that 
will let none feed them hut such a Nurse, or such a 
Servant, as if the Milk would do them most good when 
this or that Person puts it into their Mouths. How 
many of these are unto this Day. that care not to hear 
unless such a Man Preach, they are more taken with 
Man then God, and Man's Word then God too too 
often; when we must know that if any Work he 
wrought 'tis the Lords doing, and he alone should be 
wonderful in our Eyes: Whoever bi'ings a Mercy 'tis 
God sends and blesseth it, and the Glory should be his, 
and so I shall Wave this for the present, and turn back 
and consider what has been discoursed: You are sensi- 
ble that there is great confusion in the Country about 
Lands of these Kind, which must needs be great 
uneasiness to the People; and I hope you will consider 
and take another Method than Quarelling about the 
World; such doings will not bring you into Heaven; 
but will certainly bring you into another Place, if 
repentance doth not come and (29) pay you a Visit; 
and also I hope that you will consider that you will 
take tbe Word for your Rule and Practice; for you are 
sensible that there is no Sin like that which is called a 
wilfull Sin, that is, he is not willing to part with it. he 
cannot have the thought of leaving that one Sin, and 
that must needs be Damnable. 

Whoever is so, that is not willing to deny Ungodli- 
ness and worldly Lust, is Poor indeed. And methink.-^ 
the Reason is this; that it is want of Religion; for 
Religion is very necessary, for there is no State on 
Earth so satisfying as should take a Man off from 
looking and hastning to the coming of C^hrist, that we 
may be always with him and altogether like him, 
Phil. i. 2:1 I. Job. iii. 2. 2. Pet. iii. 11. — 1?.. The 
good and bad Things and conditions in this World call 
upon us to long to be above in Heaven; For if it be 


bad to be here, 'tis good to be there; if it be good to be 
here, 'tis better to be there; to be sure: Though we 
have enough sometimes to say, 'tis good to be here, 
yet we have never enough to say, 'tis best to be here. 

(30) We should all take heed and beware that we do 
not place om- Growth and advance, only in Knowledge 
(head & book Learning) nor only in Gifts and Parts, 
nor only in common Graces: No, nor in going from 
one Opinion to another, or one form of Church Gov- 
ernment to another, from one Profession to another; 
this I fear hath been a great Mistake, as if were 
agoing on to, when (Alas! if this be all! 'tis a going to 
be tossed to and fro, with every Wind of Doctrine: 
Alas! what is it to be Episcopal, Presbyterians, Con- 
gregationals, &c. Our Religion lies not, much less our 
Perfection, in these or any other Opinions, and Form 
of Government. I doubt not but there are Saints in 
all these Forms, yet withal I believe and affirm that 
none of these Forms makes them Saints. 
-^ We should be as cai'eful to mind and discharge the 
Duties as to enjoy the Priviledges and Dignities of oui' 
State, for Sin of Omission is no less damning than 
Sin of Commission; and mind not only {?A) to be in 
Christ, liut to walk in bim, and as he walked. Study 
Commands as well as Promises, and look after Light 
that we may walk in the Light (as Children of the 
Light) we have Fellowship one with another, i. e. God 
and we have. 

Thus as God glorifies us. we glorify him, for whicb 
we should have Ambition, yea, and to let our Light 
shine before Men, tluit they also tu ay glorify our Father 
which is in Heaven, Matth. v. 13. -- ]<>. Let us live 
in Love, and Truth and Love. 

For Oh how^ good and pleasant a thing it is for 
Brethren to dwell together in Unity; let us not be like 
Ephraim & Judah to Envy and Vex one another; but 
love one another with pure love Fervently: Oh how 


pleasant a Thing it is to see those People, that bears 
rule of Governing in the State of Common Wealth, to 
do Justice, to love Mercy, and maintain the Truth, 
and all to be done, to the Honour and Glory of our 
Father and Jesus Christ, to correct Vices, to jDromote 
Virtues, Oh! v^hat happy thing that (32) would be to 
the State of Mankind, Oh! how pleasant would our 
Lord and Master Jesus Christ look upon these People 
at the Day of Judgment; when that blessed Son of 
God coming in the Clouds who hath the Person of a 
Man, but the Power of God, being Crowned with Dig- 
nities and Guarded with Angels and Inraged with 
Anger to all those that Disobeyed his Laws: But on 
the other Side, how pleasant will his Countenance be 
to those that have Obeyed his Laws in this World to 
their utmost of their Capacity, and I beg of you to 
meditate on Judgment, and likewise I beg for the 
Lord's Sake to Pray for me and mine that we may 
walk in the way that is pleasing in his Sight. 

To which End, let us grow in Grace, and in the 
Knowledge of our Lord and Saviour Jesus Christ, that 
to him, and to the Father by him there may be thanks 
and Glory given, both now and forever, Amen. 

Which is the desire of your Friend & Servant to 
Command in Jesus Christ. 

Griffin Jenkins,' 

(33) Ejaculation I. 

Lord, we again lift up our Eyes, 

And leave our sluggish Beds, 
But why we wake, or why we rise. 

Comes seldom in our Heads, 
Is it to sweat and toil for Wealth, 

' Griffin Jenkins.— Nothing is known of this individual, but from the manner 
his letter is referred to, at different times, in the Proprietor's publications, it is 
evident that its pui-port excited some apprehension in their minds.— Ed. 


To sport our Time away, 
That thou preserv'st us m Health, 

And giv'st us this new Day? 
No, no, unskilful Soul, not so, 

Be not deceivxl with Toys; 
Thy Lord's Commands more nice do, 

And aim at higher Joys. 
They bid us wake to seek new Grace, 

And some fresh Virtue gain; 
They call us up to mend our Pace, 

Till we the Prize attain. 
That glorious Prize for which all rmi, 

Who wisely spend their Breath; 
Who, when this weary Life is done. 

Are sure of Rest in Death. 
Not such a Rest as here we prove, 

Disturb'd with Cares and Fears, 
But endless Joy, and Peace, and Love. 

Unmix'd with Grief and Tears. 

toJr) Ejaculation II. 

Why do we seek Fehcity 

Where 'tis not to be found? 
And not, dear Lor:l look up to thee 

Where all delights abound? 
Why do we seek our Treasure here 

On this false barren Sand, 
Where nought but empty Shells appear, 

And Marks of Shipwreck standi 
O world, how little do thy Joys 

Concern a Soul that knows 
It self not made for such low Toys 

As thy poor Hand bestows^ 
How cross art thou to that Design 

For which we had our Breath? 
We who were made in Heav'ii to shine, 


Thou bowest down to Earth. 
Nay. to thy Hell, for thither sink 

All that to thee submit; 
Thou strow'st some Flowers on the Brink 

To drown us in the Pit. 
World, take away thy Tinsel Wares 

That dazel here our Eyes; 
Let us ascend above the Stars, 

Where all our Treasures Ives. 

35) Ejacniation III. 

Let others take their Course, 

And sing what Name they please; 
Let Wealth or Beauty be their Themes, 

Such empty Sounds as these. 
For me I'll ne'er admire 

A Lump of burnish'd Clay. 
Howe'er it shines it is but Dust, 

And shall to Dust decay. 
Sweet Jesus is his Name 

My Song shall still adore, 
Sweet Jesus is the charming Word 

That Does my Life restore. 
When I am dead in Grief, 

Or, which is worse, in Sin, 
I call on Jesus, and he hears, 

And I to live begin. 
Down then, down both my knees, 

Most humbly to the Ground, 
While with mine Eyes and Voice lift up 

Aloud these Lines I sound. 
Live gracious King of Heaven, 

By all in Heaven ador'd; 
Live gracious Saviour of the World, 

Our chief and onlv Lord. 



(36) Ejaculation IV. 

My God, had I my Breath from thee, 

This Pow'r to speak and sing, 
And shall my Voice, and shall my Song, 

Praise any but their King? 
My God, had I my Soul from thee, 

This Power to judge and chuse. 
And shall my Brain, and shall my Will, 

Their best to thee refuse: 
Alas! not this alone, nor that. 

Hast thou bestowVl on me, 
But all I have, and all I hope, 

I have and hope from thee. 
And more I have, and more I hope, 

Than i can speak or think. 
The Blessings still refresh, then fill. 

Then overflow the Brink. 
But tho' my V^oice and Fancy be 

Too low to reach thy Praise, 
Yet both extol thy glorious Name 

As high as they can raise. 

Ejaculation V. 

Open thine Eyes, my Soul, and see 
Once more the Light returns to thee; 

(37) Look round about, and chuse the Way 
Thou mean'st to travel o'er this Day. 
Think on the Dangers thou may'st meet. 
And always watch thy sliding Feet; 
Think wdiere thou once hast fall'n before, 
And mark the Place, and fall no more. 
Think on the Helps thy God bestows. 
And strive to steer thy Life by those; 
Think on the Sweets thy Soul did feel 
When thou didst well, and do so still. 


Think on the pains that shall torment 
These stubborn Men that ne'er repent; 
Think on the Joys that wait above 
To crown the Head of holy Love. 
Think what at last will be thy Part 
If thou goest on where now thou art; 
See Life and Death set thee to chuse, 
One thou must take, and one refuse. 
gracious Lord, guide thou my Course, 
And draw me on with thy sweet Force, 
Still make me walk, still make me tend, 
By thee my Way, to thee my End. 


[New York, Printed by J. Zenger, Jun., 1745-6. J 

Communication of the Rioters about the Riot in 


[From New York Post-Boy, February 17th, 1745-0.1 

Mr. Parker, 

Divers Persons having seen in your Post-Boy of Jan- 
uary 20th, an Account of an extraordinary Riot at 
Newark, &c. touching three Persons committed to 
Jail, whereof one was Nehemiah Baldwin, who it is 
said, offered to give Bail; pfirsuaiit unto which the 
Sheriff was about carrying hitn to the Judge, d:c. 
This Matter is not put in a true Light; The said Bald- 
win, as well as the other tw^o, had Offer made by the 
Sheriff, if they would give Bail, they might aU be dis- 
charged; to which they all refused. And as is further 
said, a greed Number of People appearing with Cud- 
gels from the back Settlements, &c. Take the reply, 
in the following Narative, containing and setting 
forth the Reasons why People were so exasperated. 
Whereas sundry of the Propiietors, so called, had in 


the late Years of 43, and -t-i, sent about and surveyed 
almost all the unimproved Lands in the Country of 
Essex, with a great Number of Improvements and set- 
tled Plantations, particularly above the Mountain to 
Passaick River, including Mr. Van Gesin's Purchase, 
so called, and all Horseneck Purchase, vs^ith the Im- 
provements and Settlements, to the Number of three 
or four Score Plantations and Families. &c. who in the 
general, having bought their Lands of or from the 
native Owners and Proprietors of the same, and pos- 
sessed it, many of them some Scores of Years, tho't 
their Properties secure from any Invasion; when said 
Proprietors, so called, selling some of the Lands sur- 
veyed as aforesaid, and offering the rest to Sale; and 
withal serving several Ejectments on the Long pos 
sessed as aforesaid, threatening to dispossess one and 
all, who would not yield their Right and comply witli 
their unreasonable Demands; and moreover to make 
all Persons in said County and Country, who had Pat- 
ents, &c. pay to them Quit-Rents, to the Value of 30 
or 40,000 Pounds, &c. These things so animated the 
People to stand by and for their Rights. Privileges and 
Properties, that in order to secure and defend them in 
a due regular Manner, they, in February, 1744, chose 
a. Committee to act for them, in such Negotiations as 
might be thought proper, to transmit their Affairs and 
Circumstances home to England; and lay them before 
His Majesty King George in Council, &c. Upon this 
Motion or Design manifested, said Proprietors redupli- 
cate their Processes by Ejectments. &c. The Com- 
mittee aforesaid. March 27th, sent several of tlieir 
Number to wait on Mr. 0[gde]n (a Person con- 
cerned in the Affairs relating to Horseneck. &c. ) who 
offered, if they would pleased to take any one or two 
l^articular Cases relating to said purchase (or any other 
they had by Delegation Concern in & for) they would 
join Issue with them in the Law for a Trial; in con- 


sitleration they might have Liberty of appeal home to 
England, if Occasion offered, &c. and the like Propo- 
sal or Offer was made again by Messrs J[o1i\n L\p]ib\ 
Esq: and J[oh)n C[ondi]t, in the Name of the Com- 
mittee, to Messrs. A[lexande jr, M[oiTi]s, and 0[gde]n 
Esqrs. at Perth Amboy, when sent thither to treat with 
them on that Affair; But, in short, all their Proposals 
were rejected, and they return, with this Declaration, 
viz. That they would not stop their]Processes for two, 
three, nor yet ten Cases of Actions, if they were 
answered in the Law, &c. Afterward came a Pro- 
jDosal or Offer, from Mr. 0[gde]n to said Committee, 
viz. of making or giving them Allowance of Eighteen 
Months for effecting the Business on foot, relating to 
the Purchases; in Consideration said Committee would 
become obligated to deliver up all the purchased Lands 
and Possessions they laid Claim unto, into their Hands 
at the Expiration of said Term of 18 Months, if their 
Purchases or Grants were not then established. To 
which, Reply was made, that in Case they complied 
with said Proposals, &c. would they be obliged to 
make a Redelivery of the Premises, if after said Term 
limitted, the purchased Rights should be established or 
confirmed at home? to which Mr. 0[gde]n answered 
negatively. Soon after which they began again the 
Invasion of Men's Rights, Properties and Possessions: 
For one Samuel Baldwin having been for many Years 
possessed of Land lying within Van Gesin's Grant, or 
Purchase aforesaid (which the Proprietors had surveyed ' 
as above) and (as he was wont) cutting some Logs 
thereon for his Saw-mill, &c. they arrested him to the 
Supream Court, put him in Jail, and made 30 or 40 
Writs more, (as it w^as said) to serve on Men, for such 
like Trespasses, as they call 'em. This Baldwin being 
one of the Committee aforesaid, the rest of that Num- 
ber determined to bail him, and stand Trial, &c. But 
the People in general supposing the Desiga of the Pro- 


])rietors was to ruin them (which they well knew, 
should they prosecute and succeed according to their 
Threats, &c. would be the Consequence) and by Mul- 
tiplicity of Law-Suits and Expence, thereby to impov- 
erish and weaken them, that they should not be able 
to prosecute their Desigu (of sending home) to Effect; 
and withal, supposing they could not live under such 
Oppressions, which, (as it is said) makes ii-i'se Men mad; 
they went to the Prison, opened the Door, took out 
Baldwin, and returned peaceably, ordering the Breach 
made to be well mended; which was done accordingly. 
Note, The Ground of the above Supposition (besides 
what has been offered) was this; a certain Gentleman 
of the adverse Party, discoursing concerning a certain 
Bill to be exhibited in Chancery, relating to their 
Affairs with Elizabeth Town; declared, if they could 
once make their Matters bear, to bring m said Bill; it 
would put a Stop to Elizabeth Town's Proceeding, by 
Eeason the Expence would be so great, they could 
never take it out, &c. Thus you have a brief Hint of 
the Grounds or Causes why People have been so exas 
perated : We will only add in a Word what some of us 
has met with, set forth as a Reason for their sending 
home, viz. That the Invasion of our just Rights, Prop- 
erties and Possessions, in and by the Oppressions and 
Frauds of the Proprietors, so called, is the only Spring 
of our Motion in the Matter of Complaint offered; it 
being notoriously known, how they impose upon, or 
rather deceive and beguile innocent, weak andignoi-ant 
Men, many and diverse Ways; and that when or after 
they, or some of them, have sold Lands to Persons 
under Colour of Right, &c. others under the like Pre- 
tence of Proprietie, have again, or afterwards, sold the 
same Lands; whereby the Purchasers are not only 
frauded, but even the whole Country is in Confusion. 
But to pass this; Tis said further, Tbat said Nehemiah 
Baldwin was rescued from the ^Sheriff, coutrary to his 


own desire which is absolutely false, by his own Word, 
&c. And as is further said, The Slier if retreated to the 
Jail where he raised 30 Men of the Militia, with their 
Officers, in order to guard it: We conceive this was done 
before, viz. at their Commitment. And as 'tis said, the 
Mob, as 'tis called, increased to 300, &c. it is supposed 
they were strong, besides as great, or a greater Num- 
ber, who w^ere coming the Night following, and the 
next Day, in order to join them. Again, They marched 
up to the Prison, and took out the other two, &c. But 
touching what is inserted concerning Prisoners for 
Debt, &c. the Truth is one Wilham Grant, Stone 
Cutter, being put or thrust in, a few Minutes before 
the Mob, as they are called, opened the Door, by that 
Means made his Escape. Note, The said Grant was 
there a Prisoner at large, and then desired they would 
shut him up: Moreover, the said Grant had taken the 
Oath, according to the Act of Assembly of this Prov- 
ince, for Relief of poor distressed Prisoners for a Debt 
under 5 1. And finally, what is said of several Persons 
being wounded & bruis'd, and especially, of one sup- 
posed past Recovery; it is so far from the Trath, that 
there is not one Man either of the Guard, or of the 
Mob, as they please to call them, that is any ways 
dangerously wounded; no not so much as to let them 
from their Work and Business. A good Providence 
surely! May the Lord of Hosts, whose Blessing is on 
his People, and who will arise for the Safety and Se- 
curity of the oppressed Poor, and crushed needy Ones, 
bring Good out of all this Evil! May his Name have 
Praise, and his People Peace, so long as Sun and Moon 
shall endure. This is the Hearts Desire and Prayer of 
us, who (whatever w^e may be called by our Adversa- 
ries) do assert, we are the dutiful and loyal Subjects of 
His Majesty King George, and faithful Friends to our 
Country, even Thousands of us. 


A Publication of tlie East Jersey Proprietors — relating 
to the riots. 

LFrom Papers of Ferdinaiul John Paris in New Jersey Historical Society Library, 
Books O aud P, aud Elizabethtown Bill iii Chancery, j 

By the Council of Proprietors of the Eastern 
Division of New-Jersey, met at Perth- 
Amboy, the 25th Day of March, 1746, in 
Behalf of themselves and the rest of the 
General Proprietors of the Eastern-Division 
of New-Jersey, whom they represent. 

It is with Concern we see in the publick Papers, that 
in September last the Goal of Newark was, in a riot- 
ous Manner broke open, and a Person rescued from 
thence, who had been committed on a common Writ 
of Trespass, upon his refusing to give Bail, or an 
Appearance thereto: And that afterwards, upon the 
apprehending of some of the Rioters, another Riot was 
committed in January last, in which the Goal of New- 
ark was again broke open, and the Prisoners therein 
rescued: And we have more Reason to be concerned, 
as we find by the New- York Weekly Post-Boy, of the 
ITth of February last, and by a printed Paper, signed 
Griffin Jenkins, the General Proprietors are traduced 
as the Cause of those Riots, in Expressions unbecom- 
ing any Men to use towards those from whom, under 
the Crown of England, all th(^ Freeholders of East Jer- 
sey do derive their Titles to their Lands, and which, 
we are well assured, no Man of Reputation would use, 
and at the same Time put his Name to what h(^ says: 
We have therefore thought proper to publish what 
follows, in order to obviate the Mischiefs that may 
arise from such daring Practices, and that the People 


of this and the neighbouring Provinces, into whose 
Hands those Papers may come, as well as those who 
are at a greater Distance, may be truly informed of 
the Points in dispute, between these poor deluded Peo- 
ple and the General Proprietors. 

The Post-Boy of the ITth February last insinuates, 
That the Persons in whose Favour these Riots were 
made, have a better Title to the Lands in Dispute, 
than the General Proprietors, and those claiming 
under them; that they have been put to great Expence 
by many vexatious Suits; that they are prevented 
from bringing their Causes fairly before the King; 
that the Conduct of the General Proprietors has been 
cruel, harassing and vexatious; and that in the par- 
ticular Transaction between the Settlers of the Lands 
called Horse-Neck, and the Persons claiming it under 
the General Proprietors, the Settlers have made fair 
and reasonable Proposals, and the (ylaimers have 
rejected them. 

Now if it can be made appear, that these Rioters 
have no good Title to the contested Lands; that these 
Rioters in particular, have never been put to any or a 
trifling Expence by Lawsuits; that the Conduct of the 
General Proprietors has been regular, careful and 
remarkably candid to every bona fide Purchaser; that 
any Persons with whom they have been obliged to go 
to Law, might, if they pleased, have brought their 
Causes by Appeal, before the King in Council; and 
that in tlie Transaction about the Lands called Horse- 
Neck, fair and reasonable Proposals were made by the 
Claimers to the Settlers, but were rejected: If these 
several Things can be made appear, then it must be 
left to the Publick to judge how grosly these poor Peo- 
ple are abused, by the Foinentors of these publick Dis- 

It is well known and a])parent by the Records of 
this Province, that in 1004, before any Englishman 


ever settled in this Province, King Charles the Second, 
by Letters Patents under the Great Seal of England, 
gi-anted to his Brother, James Duke of York, a great 
Tract of Land in America, in Fee, whereof New-Jersey 
is a Part; — That the said Duke of York, by Deeds of 
Lease and Release, in the same Year, conveyed the 
Tract of Land now called New- Jersey, in Fee, to John 
Lord Barclay and Sir George Carteret; and that after 
the Dutch War, like Grants were again made of New- 
Jersey in the Year IGT-t; — That the said Sir George 
Carteret and the Assigns of Lord Barclay, by Deed, 
bearing Date 1st July, 1676, divided New- Jersey 
between them, the Eastern Part of which was to 
belong to Sir George Carteret; which Deed and Parti- 
tion was confirmed by an Act of General Assembly 
of New- Jersey, passed in the Year 1710; — That Sir 
George Carteret, by his last Will, bearing Date 5th 
December, 167S, devised, among other Things, to cer- 
tain Trustees therein named, a Power to sell East 
New- Jersey; and that these Trustees, in Execution of 
the Trust reposed, and agreeable to the Powers given 
them, did, by Deed dated ;>d February, 1681-2, convey 
East New- Jersey, in Fee, to WiUiam Penn, Eobert 
West, and others, to the Number of Twelve; and that 
each of these Twelve, by particular Deeds, took in a 
Partner, who was to be equally concerned with him, 
so that East New-Jersey Ix'came vested in Twenty- 
four Persons, who have been ever since called the 
Twenty -four Proprietors. 

That by an Instrument imder the Hands and Seals 
of almost all the Twenty-four Proprietors, a Council 
of Proprietors w^as established, with Power to appoint, 
oversee and displace, all Officers necessary for the 
Management of their Property; with Power also to 
take Care of all Lands belonging to the General Pro- 
prietors, to demise them for Terms of Years, and to 
appoint Dividends thereof; with Power also to exam- 


ine the Rights of every particular Proprietor, who 
demands his Share of those Dividends, and to grant 
Warrants to the Surveyor-General, for appropriating 
the Quantity due to such Share; with Power also to 
bring Suits against Intruders into and Trespassers 
upon the Lands of the Genei'al Proprietors, and in 
general, to manage all the Affairs which relate to the 
said Proprietors; which Council is to consist of at 
least, one third Part of the whole General Proprietors, 
or their Proxies; and which Council, for many Years 
past, actually has consisted of that Number or more, 
and they have two general Meetings yearly, at Perth- 
Amboy, immediately after the Supreme Courts there. 

This is a short Abstract as well of the Title of the 
General Proprietors, to the Lands of East Jersey, as 
of the Constitution of the present Council of Proprie- 
tors, wherein all their Business is done; and from 
hence it will appear, that they are no Pretenders, but 
have a Right, not only to call themselves Proprietors 
of East-Jersey, but to be treated as such. 

The Title pretended to, in Opposition to theirs, by 
the Rioters and their Abettors, is, That they or their 
Ancestors, have possessed Lands, by Purchases from 
Indians, stiled by them the Natire Owners of the 
Country; but no such Deeds appear any where on 
Record, nor do they tell us who made these Purchases, 
nor from whom, nor when: Now, be these Purchases 
real or pretended; be they by Conveyances from some 
private foreign stroling Indians, or from such as lived 
on the Lands, and might have had some Pretensions 
to sell them; or be the Purchases made for small or 
trifling Sums, or for such Considerations a-^ were then 
usually given to the Indians; or whether the Indians 
had or had not sold the same Lands by former Con- 
veyances to others; be they, in short, what they will, 
the Matter with respect to these Purchases by the 
original Constitution, Practice and Laws of this Prov- 
ince stands clearly thus: 


It is well known and apparent- by the Records, that 
the Proprietors, Lord Bare-lay and Sir George Carteret, 
by Charters of Concessions, established the Constitu- 
tion of New-Jersey, and therein prescribed the funda- 
mental Eules of that Government, and the Rules and 
Methods by which Property in Lands there might be 
acquired; amongst which Rules one was, That, 'all 
'such Persons who should transport themselves into 
' the Province of New- Jersey, within certain Times 
' limited by the said Concessions, should be intitled to 
' Grants or Patents under the Seal of the Province, for 
' certain Quantities of Acres in the said Concessions 
"• expressed, paying therefore yearly, the Rent of one 
' Half -penny, sterling Money, for every Acre so to be 
'granted/ [Lil) ?>, TO. J 

Another Rule was, " That all Lands should be pur- 
' chased by the Governoi*and Council from tlie Indians, 
' from Time to Time, as there should be Occasion, in 
' the Name of the Lords Proprietors; and every Person 
' settling was to pay his Pro])ortion of that Purchase 
'Money and Charges. [Lib ?>, 9(5.] 

It's notorious also, and apparent by the Records of 
New-Jersey, that the Government of that Province 
was, piu'suant to the said Concessions, established by 
the said Proprietors, and that Governors and Officers 
were from Time to Time, by them and their Assigns, 
commissionated for thar Purpose; who for many 
Years administred the Government, pursuant to the 
said Concessious, granted many Hundreds if not 
Thousands of Patents for Lands to Persons who came 
to settle in New-Jersey, upon the Encouragement 
given by the said Concessions, rendering and paying 
yearly, the Rent of one Half-penny sterl. per Acre. 

After the Division of New- Jersey into two Provinces, 
in 1()T6, to wit. East New- Jersey and West New -Jer- 
sey, made by Sir George Carteret and the Assigns of 
Lord Barclay, tho^ the fundamental Rule aforesaid, 


concerning Indian Purchases, was generally observed, 
yet some few Persons broke thro' it, by taking Deeds 
from the Indians in their own Names, and not in the 
Name of the Lords Proprietors; which induced the 
Governor, Council and Representatives of the People 
of East New -Jersey, in General Assembly met (the 
better to enforce that Rule, and to prevent Sedition 
likely to ensue from the Breach of it, as well as Men's 
Titles being thereby rendered precarious) in the Year 
1()83, to make an Act, ' foi^bidding all Treaties with the 
' Indians without Licence of the Governor, and the 
'taking of any Deed from them, but in the Name of 
' the Lords Proprietors of East New- Jersey, upon Pain 
' of being prosecuted as seditious Persons, and as 
' Breakers of the King's Peace, and the publick Peace 
' and Safety of the Province.' As by the Record of 
the said Act in Lib. C. pag. 52, Cap. XVIII. more 
fully may appear. 

It's also notorious and apparent by the Records, that 
after the Division aforesaid. Sir George Carteret and 
his Assigns, enjoyed the Government of East New- 
Jersey, and disposed of and divided the Lands thereof 
according to the said Concessions and Agreements 
amongst themselves, and the Laws of the Province, 
until the Year 1702, when they agreed with the Pro- 
prietors of West New-Jersey to surrender, and did 
together sui^render their Governments to the Crown of 
England, reservhig all other their Properties, Rights 
and Franchises whatsoever; whereupon the two Divi- 
sions of New-Jersey, became again united into one 
Province, the Government of which, by the said Sur- 
render, belonged to the Crown; but the Right to the 
Soil, and every Thing else that passed to Lord Barclay 
and Sir George Carteret, by their Grants from the 
Duke of York, remained in their Assigns who made 
the said Surrender; and by Concessions made by the 
Crown at the Time of the Surrender of the Proprietors 


Government, a Set of Instructions were agreed on, to 
be granted to all Governors who should be appointed 
by the Crown for the said Province of New- Jersey ; 
and which have hitherto been accordingly granted; 
and by which Instructions, amongst other Things, the 
Crown disclaims all Right to the Province of New- 
Jersey other than the Government, and owns the Soil 
and Quit-Rents, &c. to 1)elong to the said General Pro- 
prietors; and wherein the Governors are directed not 
to permit any other Person or Persons, besides the 
said General Pro]nietors, to purchase any Land what- 
soever from the Indians, within the Limits of their 
Grant; wherein also the Crown commands those Gov- 
ernors, not only to permit the Officers to be appointed 
by the General Proprietors, for the Management of 
their Properties, to execute their Offices, as the 
Receiver-General, Recorder and Surveyor-General, 
upon taking the Oaths to the Government, and giving 
Security for the due Execution of their Offices, but 
also to aid and assist them therein; as by so many of 
those particular Instructions, as concern the Affairs of 
the General Proprietors, appearing on Record in the 
Secretary's Office of New-Jersey, in Lil). F. 2. fol. -123, 
&c much more fuUy may appear. 

And the several Governors of New-Jersey, under 
the Crown, pursuant to the said Instructions, from 
time to time, have administred the Oaths to, and 
admitted the said Officers to the Execution of their 
Offices, and seen Security given for the due Execution 
thereof, and notified it to the Peoi)le by publick Procla- 
mations, as by the Minutes of the Govei-nor and Coun- 
cil of New Jersey appears. 

It's also apparent by the Records and by the Minutes 
of the Goveinor and Council of New-Jersey, that the 
Exercise of the Government of New-Jersey, remained 
in the Proprietors until the 14th Day of August, 17o3, 
when Lord Cornbury pubhshed his Commission from 
Queen Anne, to be Governor of New- Jersey. 


It's also apparent by the Records, and by the first 
Leaf of all the Editions hitherto printed of the Acts of 
Assembly of the united Province of New- Jersey, that 
by the very first Act of Assembly, made after the 
Government came to the Crown, published in Novem- 
ber,' 1Y03, not only all Indian Purchases, which had 
not been made by the Proprietors before that Time, 
are declared void if they obtained not Grants for them 
from the General Proprietors within Six Months, but 
also all who should thereafter make Purchases of the 
Indians (except Proprietors, and they too only in the 
Manner there prescribed) should forfeit Forty Shillings 
per Acre, for every Acre so purchased. 

It is also apparent by the Records, and by the printed 
Acts of Assembly, passed in the Year 1713, Chap. 
XXXIX. that a Penalty of Twenty Shillings, Procla- 
mation Money, is laid for cutting of every Tree upon 
Land not the Person's own, and that as well upon 
Lands belonging to the Proprietors in general as to 
others in particular. 

Possibly many of the Rioters being ignorant Men, 
and many of them Strangers to the Province, and 
since they came to it living retired in and behind the 
Mountains of Newark, upon any Land they could find, 
without enquiring who the Owner thereof was, have 
of late been animated and stirred up to believe, that 
those Things which the Laws of the Province have 
declared to be criminal and penal, were lawful; and 
that those Crimes committed, gave the Criminals 
Rights, Privileges and Properties; but though many 
have been ignorant enough to be so seduced, we can- 
not think that all can with Truth plead that Excuse; 
some thei'e are amongst them, who tho' they may not 
be acquainted with all the Particulars aforesaid, yet 
cannot be supposed never to have seen the printed 
Laws of this Province, and the first Leaf of them, 
which has had at least three Editions, making those 


Pretences void and penal. The poor, deluded, igno- 
rant People, we conceive, deserve Pity and Compas- 
sion, but the Laws of the Pi-ovince point out the 
Deserts of the Seducers. 

Neither the General Proprietors, nor we their Repre- 
sentatives, have to our Knowledge, been guilty of any 
Invasion of the just Rights, Properties or Possessions of 
any of the Rioters, or of any of the People of New- Jer- 
sey, or of imposing upon or beguiling innocent, weak 
and ignorant Men, as in the Post-Boy's Paper is averred 
to be notoriously known; we have too much Concern in 
the Well-being and Prosperity of New Jersey, to let 
such a Thought enter into our Hearts, nor have we 
been accessary to or ever countenanced any Fraud or 
Oppression by any one or more Proprietors. 

But, as every Proprietor has the Liberty of selhng 
his Propriety to whom he pleases, and in as many 
Parts as he pleases, the Number of the Proprietors, 
may be easily su^^posed, to have greatly augmented; 
among which Number, probably there may be some 
not quite so honest as they should be, as there's no 
Law to hinder a wicked Man from purchasing a Share 
of Propriety, or the Descent thereof to wicked Heirs: 
l)ut yet we conceive, that there's a greater Tye upon 
them to be honest, than upon any other Set of Men in 
this Province; because if they are guilty of any Fraud 
or Oppression as Proprietors, they are not only pun- 
ishable l)y the King's Laws, as all other Men are, but 
also, upon Complaint to the Council of Proprietors 
of them, they stop their Warrants for their Dividends, 
till they have done Justice in every Thing wherein 
they had deviated from it, as Pi-oprietors: of which 
sundry Instances have been; and the Knowledge of 
this further Tye upon them beyond any other Set of 
Men, maketh even Cheats to avoid Tampering as to 
their Rights of Propriety, however wicked they may 
be in their other Dealings with Mankind. 


It is possible, that by an Oversight in the Searching 
of the Records, a Proprietor may very innocently get 
appropriated to him, in Part of his Dividends, some 
Lands that another Proprietor had appropriated before, 
and not knowing of that prior Appropriation, sell it; 
and if the Case should be so, undoubtedly the Person 
who was first legally vested with the Title in Severalty, 
will and ought to recover the Land. All the Regula- 
tions that the Council of Proprietors could think of to 
prevent such Accidents have been made; they allow of 
but two Deputy Surveyors in a County, except in one 
large County, and these are to communicate their Sur- 
veys to one another for fear of interfering; then the 
Surveys are duely examined by the Surveyor-General, 
who, if he suspects such an Accident, stops them till 
that Point be enquired into and cleared up, and then 
the Surveys are recorded, open to the View of every 
one, where any Buyer may satisfy himself, first, that 
the Seller has it legally appropriated to him; and, 
secondly, may see, whether it w^as legally appropriated 
to any Person before: But of such Accidents, we con- 
ceive fewer have happened, to our Knowledge, than 
could well have been expected; and where they have 
happened. Justice has generally been done to the 
Buyer, either voluntarily, or by Compulsion, at Law, 
and sometimes by our stopping Dividends till Justice 
was done; and that has always been done where ever 
any one would take that Course to complain to us, or 
where we otherwise got Notice of such Things. 

We recollect no more than three Cases where People 
have been injured by Sales by single Proprietors, 
where the Land has after been recovered by others, 
and where the Sufferers had not or may not have full 
Redress; the Origine of two of those Cases was about 
the Year J 709, when an unhappy Gentleman, since 
deceased, then a Proprietor, was imposed upon to sign 
one Deed for about One Hundi*ed and Seventy Thou- 


sand Acres of Land, called Neiv-Britaiu, and another 
Deed for about Fifty Thousand Acres of Land at Roma- 
pack, without any legal Appropriation thereof to him, 
and without any Consideration paid to him, as ever 
after during his Life he averred; and that he did not 
dream or believe, that a Foot of them was in East 
New- Jersey; to prove which, he preserved, and his 
Representatives now have, sundry Letters under the 
Hand of the principal Grantee in both those Deeds, 
which have been given in Evidence in his Presence in 
the Supreme Court. 

The Grantees of the greatest Tract, sold some 
thereof, which being legally appropriated by other 
Proprietors, they recovered against the Possessor about 
25 Years ago; and as those Grantees were so cunning 
as to give only joint Covenants to the Possessor, so 
that they could not be proceeded against at Law. for 
the Pecovery of his Damages, till all were taken; and 
as some Hved out of the Province, Relief at Law for 
that Reason, could not be had; wherefore the Proprie- 
tors who recovered, compassionating the Man against 
whom they recovered, stayed their Execution, and for 
him and his Name filed a Bill in Chancery against 
those Sellers, to compel them to pay the Costs of th>' 
Suits; and all Monies paid by him in Part of the Con- 
sideration Monies, and for his Defence, and to deliver 
up his Bonds for the rest of the Consideration Money, 
all which they got done for him; and upon the Pro 
prietors threatning to file a Bill in Chancery, to s(^t 
aside that Deed for the Irregularity and Fraud in 
granting and obtaining of it. to ]^revent People from 
being furtlier imposed on by it, they promised to do 
Justice to the few others, to wliom they had sold, by 
giving up their Bonds: As to the 50,000 Acre Tract. 
it lying very remote, the Proprietors, till about ten 
Years ago, had no Occasion to go so far in laying ont 
their Dividends, when they found that on Pretence of 


that Deed, about Twenty People had been imposed 
upon to buy; whereon Ejectments were brought 
against some of them; and in one of them tried, the 
said Letters were given in Evidence, which showed 
that the said Deed, under which they claimed, was a 
Fraud; nor could they show any Power or Right that 
the Grantor, tho' a Proprietor, had to sell those Lands; 
so that notwithstanding that Deed, the Lands still 
remained in common belonging to the General Pro- 
prietors, whose Title thereto our Council showed, and 
demurred to the Defendants Title; whereupon the 
Defendants were either obhged to join in Demurrer, 
or wave the Evidence demurred to; — ^they waved their 
Evidence;— gave no further Evidence; — and so the 
Jury went out without any Evidence whatsoever on 
the Part of the Defendants, and yet they brought in a 
Verdict for them, to the Admiration of all who heard it. 
We being determined not to let 50,000 Acres of 
the Property of the General Proprietors be so wrong- 
fully taken from them by one or more such Verdicts, 
were about to have brought others of the said Eject- 
ments to Trial, and to have commenced more; where- 
on an Accommodation was proposed, and we agreed 
that for Twenty Poiuicl per 100 Acres (which was 
scarcely the fourth Part of the Value of the Lands) 
those who had hona fide purchased, should be con- 
firmed in those Lands, by a legal Appropriation and 
Conveyances thereof to them, with absolute War- 
rantees. The two Cases before, happened not amongst 
the Rioters; so that they cannot comj^lain they have 
been hurt by them; but the Scene of the third Case, 
we believe was chiefly amongst them; and the Fact 
was, that one Jacob Arents, not a Proprietor, but one 
who had purchased a Right to a certain Number of 
Acres unsurveyed, in Part of some of the Dividends, 
and so he had Right to have that Quantity survey'd 
where he would chuse, procured Deputies to survey 


Lands for him on those Rights, imposed on some igno- 
rant People to buy them of him, without bringing 
those Sui'veys to the Surveyor -General to be approved 
of and recorded as Part of his Right; so that by this 
Means, his Right was to be like the Widow's Cruse, 
still selling it and still the Whole remained: Notice of 
this Imposition coming to the Council of Proprietors 
and sufficient Proof of it appearing, they, on the 27th 
Day of February, 1739, ordered an Advertisement to 
be printed both in Enghsh and Dutch, to prevent 
People's being further imposed on by that Practice (a 
Copy of which Advertisement in English is annexed, 
N° I. ') which was accordingly, for many Weeks suc- 
ceeding, printed both in English and Dutch, in the 
New- York Weekly Journal. We believe several of 
the Rioters and their Neighbours were injiued by that 
]\Ian's Practices, and that without Redress; because he 
had not Estate to make Compensation, and was never 
one of the General Proprietors, or intitled to any Divi- 
dends of Lands amongst them, to have Rehef that 
Way: — But are we to blame for this? Are not the 
very fundamental Concessions and the Laws of the 
Province obvious to every one, that no Survey can be 
!iOod, until recorded in the proper Office for that Pur- 
pose? And Men must blame their own Simplicity, to 

' Ko 1. 

Perth Amboy, February 27, 1739. 

Whereas the Comicil of Proprietors of the Eastern Division of New-Jersey, have 
been informed, that some undue Practices have been committed by one Doctor 
Jacob Arents, and some other Persons, iu taldng upon them to dispose of sundiy 
Tracts of Land, belon^g to the General Proprietors in common, and not appro- 
priated to any one by Patent or Survey recorded, and thereby deceiving many 
honest and well-meaning People into the pm-chasing of such Lands. Now pubUck 
Notice is hereby given, by Order of the aforesaid Council of Proprietors, for the 
preventing of any fm-ther Impositions, on the good People of this Province, that 
they be wary how they purchase any Lands of the aforesaid Doctor Jacob 
Arents, or any other Person, without being fully convinced that the Lands by them 
offered to Sale, have been duely patented or surveyed, and returned by the Sm-- 
veyor-General, and that the Return of the Survey is upon Record; without which 
appearing, they may depend on it. that an Imposition is intended; and if any Pur- 
chaser neglects this Care, he is to blame himself if he be imposed on. 

By Order of the ComicU of Proprietors, Laur. Smvth. Clerk. 


think a bare Running round of Land, with a Deputy's 
certifying he had so done, could make a Title to it: 
It's this third Case of Arents which we so forewarned 
the People from being imposed on by, that, we believe, 
gave rise to those Pretenders, mentioned in Mr. Jen- 
kin's Letter; and whether any more such have arisen 
we know not, as they have not come to our Knowledge; 
and the Mark he gives of such Pretenders is a good 
Sign to know them by, viz. That they refuse to iv ar- 
rant and defend the Lands ivhich they offer to sell; 
for the true Owners will never scruple giving that 
Security to the Purchasers; nor do we know of any of 
the Proprietors that do ever refuse to warrant and 
defend; but tho' Sellers should be wilhug to warrant 
and defend, yet we think prudent Men ought also to 
observe the Cautions in our said Advertisement. 

We know of no other Cases that can be assigned for 
Fifty Years past, where Recompense has not been or 
may not be had, to make good the Allegations of the 
Rioters, in the Post- Boy's Paper; nor do we believe in 
the Whole that Fifty Persons in all that Time have 
been imposed on by those three Cases, or any like 
them without Recompense; which must fall far short 
of the whole Country, consisting of 50,000 People and 
upwards; and we doubt much if the same can be said 
of any other Body of Men so nutnerous in Proportion 
as the General Pi-oprietors; nor do we believe it could 
be said of the Proprietors of East Nevv- Jersey, were it 
not for the stopping of Dividends till Justice is done, 
which, as before is said, lays a furthur Tye upon them 
than other Men are subject to; but were there more 
People imposed on (we beg Leave to repeat) is it in the 
Power of the General Proprietors to hinder wicked 
Men from becoming Proprietors along with them, _ 
cither by Purchase or Descent? And if the Laws in j| 
Force be not sufficient to punish wicked Practices, the 
Legislature can make what further Laws they think 


proper for that Purpose, in which we should most 
heartily join, were they needful; but we know of no 
Defect, as the Laws fully point out what is and what 
is not a Title; and if People will venture to buy Titles 
over the Belly of the Laws, are not they to blame and 
not the Laws? 

We never heard of such a Purchase as Mr. Van 
Gesi)i''s Purchase, or Horse-Neck Purchase, until 
within these two Years, that we have been told, that 
two such Deeds from some Indians had been procured, 
bearing Date in or about the Year 1 701; but by whom, 
or from whom in particular we have not as yet learnt: 
We have also lately heard, that about thirteen Months 
ago, the People thereabouts had procured an Indian to 
come from Navesinks, about 40 or 50 Miles off, who 
signed some Writings, while in Company with the 
Persons said to be the Connnittee mentioned in the 
Paper in the said Post-Boy; but what these Writings 
so executed were, was kept a Secret from the Wit- 
nesses; if they were Deeds of Lands from that Indian, 
or the Deeds of what's called Mr. Van Gesin''s Pur- 
chase, and Horse-Neck Purchase, we know not: But 
if they were; or be they granted or dated at any Time 
whatsoever; its evident, that by the Act of ITOo, they 
are void; and if done in 1701, as pretended, its obvious 
from the Act of 1^".S3, herein before mentioned, that 
the Transactors thereof were Criminals, for so treat- 
ing and accepting of Deeds; and not only so, but they 
are Kable to the Penalty of 40 s. per Acre, for every 
Acre bought of such Indian, after 1703, as well as to 
the Penalty of 20 s. for every Log or Tree by them cut 
on such Lands on Pretence of these Deeds, or any 
other Way, without Leave of the Owner; and that 
whether the Lands belong to the Proprietors in gen- 
eral, or to others in particular. 

Notwithstanding what is suggested by the Post-Boy 
and Mr. Jenkins, we are well assured, That since the 


first Settlement of New Jersey, there is not one 
Instance can be assigned of any Breach of Peace with 
the Indians thereof, (tho' very few of the other Prov- 
inces can say so as to their Indians) nor that any Pro- 
prietor ever presnmed to dispossess one of them, or 
disturb him in his Possession; but have always amica- 
l)ly paid them for their Claims, from time to time, as 
they could agree with them; nor was the Crown, nor 
the Legislature of the Province of New-Jersey, now 
for Four Score Years past, since the Settlement of this 
Province, ever put to one Penny of Charge or Expence, 
for keeping the Indians thereof in Peace, in Bounties, 
Presents, or otherwise; which is well known to be far 
otherwise in other Provinces, and may and i)robably 
will soon be otherwise here, if some late Tamperings 
with the Indians thereof be neglected and past over 
with Impunity. But if it be true, what the Rioters 
pretend, that they have bought the Indians Right; 
then have the Indians no Right to those Lands;— and 
if the Buyers have possessed the Lands one Score 
instead of some Scores of Years, as they say they have 
done; the mean Profits they have reaped of them, may 
reasonably be esteemed much above five Times the 
Value of the Purchase Money (unless they bought at a 
Rate much dearer than has been usual. ) But if they 
had not reaped so much; yet v^hat Right the Rioters 
acquired by those Purchases, and what Rewards are 
due to them for so purchasing, the Acts of 1 «)S8, and 
1703, declare; and on producing their Purchase-Deeds, 
its presumed those Rewards will not be kept back fi-om 

And tho' the Proprietors are, by the fundamental 
Rule aforesaid, to purchase from the Indians from 
time to time, as there should be Occasion; yet they 
know of no other Limitation of Time for that Purpose, 
than before they enter on any Indian Possession. 

We are sorry to say, that tho' there has constantly 


been Receiver Generals appointed by the General Pro- 
prietors, and those dnly admitted by the Government, 
pursuant to the Royal Instructions aforesaid, and 
notified by publick Proclamations; yet there has of 
late been a great Backwardness in paying to them the 
Quit-Rents; but the whole Arrears thei'eof due, in the 
whole Province of New-Jersey, we do not believe 
(should the Account !)e stated) would ;iniount to 

We know of no Confusion in this Province, but 
what the Rioters and their AccompUces have made, 
and are animating the Peoi)le to make, upon the false 
and unfair Suggestions in the Post-Boy's Paper, in 
hopes to wrest from tlie General Pro])rietors both their 
Rents and Lands, and to set up sham Deeds procured 
from strolling Indians, for a few Bottles of Rum, or 
such Considerations, in place of the Title of the Crown 
of England to the Lands of New- Jersey; an Attempt 
so daring, that they cannot hope to succeed in it, with- 
out not only oversetting the fundamental Laws and 
Constitutions confirmed l)y many Acts of the General 
Assembly of New- Jersey; but also withdrawing their 
Allegiance from the Crown of England, which must 
support its own Title to New -Jersey, as well as to its 
other Provinces. — How unequal to that Task are 
those poor deluded Men, who have been led into the 
Committing those Riots, they must soon see, if they'll 
give themselves the least Time to reflect!- So deluded 
are they to presume, and so impudent are their 
Seducers, to make Ap])eals to God, and demand his 
Blessings on their Crimes and Breaches of the Laws of 
the Province; and to assert themselves to be the King's 
dutiful and loyal Subjects, while breaking his Goals, 
and trampling his Authority and Laws under Foot. 

Tho' neither the General Proprietors nor their Coun- 
cil were privy to the Treaties hinted at in the Post- 
Boy's Paper, or concerned in any Ejectments or Suits 


there mentioned; yet as Messrs, Alexander and Mor- 
ris, supposed to be , the two Persons meant by the 
Letters A— r and M — s, were privy to them, and are 
two of our Body, we have desired, and they have given 
us an Account of what concerns them, as follows, viz. 
Tliey say, and it appears to us by the Records in. Lib. 
0. 212, and Lib. G-. 368, that there was in June, 1701, 
the Quantity of 13,500 Acres of Land surveyed and 
patented at Horse-Neck, to Sir John Moore, Knight, 
Sir Thomas Lane, Knight and Alderman of London, 
and other Proprietors, in and about London, commonly 
known and called by the Name of the New-Jersey 
Society, in Right of their second Dividend for two 
Proprieties and a half, or Twenth-fourth Parts of East 
New- Jersey. They say also, that by deed recorded 
Lib. AB. 2, fol, 106, in the Office of the Proprietors 
Recorder, and in Lib. F. 2, fo. 376, in the Secretary's 
Office at Perth-Amboy, they with Mr. David Ogden, 
purchased the said Tract of Land, in the Name of Mr. 
Alexander, having many Months before agreed for 
the Purchase; that after the Purchase w^as agreed for, 
they caused the said Tract of Land to be carefully sur- 
veyed; and found 35 Famihes settled thereon, whereof 
several were bona fide, Purchasers from other Proprie 
tors about 30 Years ago, under mistaken later Appro- 
priations interfering with the said Tract; and as to all 
those, except one, they have agreed with the Heirs of 
the Vendors to confirm the Heirs of the Purchasers; 
which one they are in hopes they shall in like Manner 
agree with; and as to the remaining People, settled 
without any Title, they offered the Refusal of either 
leasing or buying the Spots they were settled on, with 
Covenants to warrant and defend the Purchasers and 
Lessees against all Persons; and many of them treated 
with Mr. Ogden for that Purpose, and he thought they 
had agreed; but after waixls finding the People spirited 
up to depart from those Agreements, Mr. Ogden, in 


behalf of himself and Partners, wrote a Letter to them 
on the 22d of December, 1744, whereof N" II.' is a 
Copy, and had six Copies of it delivered amongst 
them, with Request to communicate it to the rest. 
Afterwards, to wit. January 29th, 1744-5, the Partners 
agreed to write anotlier Letter to them, whereof five 
Copies were sent to so many of the most leading Men 
to show to the rest, two of which only were received, 
the other thi'ee being refused. 

It's by a Lettei- of March 2d, 1744, from Mr. Ogden, 
that his other then Partners say, they had the first 
Notice (that they i'em<imber) that the People pre- 
tended to hold by an Indian Title; from whom this 
Indian Title was. or when granted, no Information 
was had; but that they were absolutely determined 
not to lease or buy, I)ut to depend on some Indian 
Title: Whereon it was agreed, that Mr. Ogden should 
cause some of the most leading Men to l)e served with 
Declarations in Ejectment, at the same Time acquaint- 

' No. n. 

Sir, Newark, December 22, 1744. 

Having often attempted an Agreement with several of you, living on the Tract of 
Laud at Horseneck, purchased by us James Alexander, Robert Hunter Morris, 
Esqrs. and David Ogden, and even after Proposals have been more than once con- 
sented to by many of you, the same have been afterwards denied, to our great 
Expence; and now are informed, that you dispute our having any Right to that 
Land; which lays us under the Necessity of liaving our Affairs settled with you out 
of hand; and in order thereto, make the following Proposals, First, either that each 
of you take a Lease from us, for one Year, without paying any Rent for your 
Farms, and then to dehver us the Possessions: M. Or that each of you take a Lease 
for three Years, commencing the first Day of December Instant, each paying the 
yearly Rent of his Farm, the Simi affixed to his Name in the first Column of the 
inclosed Paper; 3d, Or that you pm-chase from us. sufficient for a Farm or Planta- 
tion whei-e each of you live, at the Rate likevdse affixed for every Acre, to each of 
your Names in the second Column of the Writing inclosed. 

As this Tract of Land has cost us a great Sum of Money, and the Interest thereof 
daily arising is very considerable, our full Purpose is, not to be trifled with any 
longer; therefore we expect a speedy Compliance, with some one of the above 
three Proposals: pray inform your Neighbours living on said Tract with this Let- 
ter, and also with the inclosed Writing; so that if any of them be put to Costs for 
their Non-Comphance with some one of said Proijosals. it may not arise from Want 

of Notice thereof from „ . 

Your humble Servant, David Ogden, 

To Mr. Francis Spier, and others living For James Alexander. Robert Hunter 

on the Society's Patent, at Horseneck. Morris, Esqrs. and himself. 


ing them, that if they agreed to any of the Proposals 
of the Letter of December 22d, that the Partners 
would be at all the Costs of those Suits. 

At or near the Day appointed by the Letter, N" III. 
Messieurs John Low and John Condit, met with the 
then Partners at Perth-Amboy, but brought no Coun- 
cil at Law with them, as by that letter was desired; 
however the Partners showed them their Title, and 
told them, they were ready to comply with either of 
the Proposals in the Letter of December 22d; which 
they refused to accept: And Messieurs Alexander and 
Morris, declare they remember not their proposing to 
join Issue in any one or two particular Cases for a 
Tryal, in Consideration they might have Liberty of 
Appeal home for England ; and they conceive the Pro- 
posal, if any such had been, would have been idle in it 
self, seeing they could not hinder them to join Issue 
in what Causes they pleased to defend, nor could they 
debar or hinder them of an Appeal to England, if the 
Defendants thought proper to make; and they say, 
they do not remember that those Gentlemen ask'd of 
them to stay Proceeding in the other Ejectments; but 
if they had so ask'd them, it's more than probable that 
they refused to comply with that Request, as no 
Ejectment against one could any Way affect any 
other Person ; and to have consented to proceed against 
only one or two Persons at a Time, and when those 
were determined, to proceed against another one or 
two; while in the mean Time the Defendants were 
cutting and destroying their Timber and Land at their 
Pleasure, they think would have been an unreasonable 
Demand, and would have been a Folly in them to have 
consented to. 

They say, that having heard that an Indian from 
Navesinks, had, a few Weeks before, been sent for 
and executed some Writings in Presence of the Com- 
mittee, which they suspected to be Indian Deeds, they 


conceived it their Duty, to acquaint those Gentlemen 
with the Danger of such Practices, hy pointing out to 
them the fundamental Rule aforesaid, as to Indian 
Purchases, the Act of 1083, aforesaid, hy which it was 
criminal to make such without Licence; and the Act 
of 1703, by which they were void, and a Penalty of 
Forty ShiJIhigs for every Acre so bought; which they 
did accordingly out of the original Bill against some 
People of Elizabeth Town, filed with Mr. Bartow, 
Clerk, then laid before them, where these Matters are 
set forth at large; and also produced to them the 
orignal Instructions to Lord Lovelace, (who was the 
second Governor of New-Jersey under the Crown) 
under the Seal of Queen Anne^s Privy Council of 
Great-Britain, and hei- Royal Sign Manual, and that 
Part thereof, concerning Indian Purchases herein 
before mentioned; whereupon Mr. John Low declared, 
that he had not before looked on Indian Claims in the 
Light he then did, and would acquaint the People in 
whose Behalf he came, with the Facts shown to him, 
and they could act as they should think fit, or to that 
Purpose; whether they were so acquainted or not, Mr. 
Low, and those People best know. 

Alexander and Morris say, that as all their Proposals 
were refused, they proceeded in the Ejectments 
brought before, and corauienced sundry more; in 
every or any of which, the Defendants might have 
joined Issue if they had pleased, and appealed to Eng- 
land if they went against them; nor was it in the 
Partners Power or Desire to hinder them from so 
doing; but no Defendants were enter'd to any one 
Suit; so that Judgments were obtained against the 
casual Ejectors, and thereby none of the Possessors 
had one Penny of Costs or Charges of those Suits to 
pay, or of any other Suits whatsoever, to their Knowl- 
edge or Belief: They say tliey are Strangers to any 
Trbaties with those People afterwards, otherwise than 


by Information from Mr. Ogden, who differs far from 
them in the Account of them ; but lie was so far from 
doing any Thing to hinder them from transmitting 
their Affairs and Circumstances home to England, to 
lay them before his Majesty King George in Council, 
as they say they were designed to do, that upon the 
Committee's complaining of want of Money for that 
Purpose, he offered to lend them what Money they 
wanted for that Purpose, on the Bonds of the Com- 
mittee, without any other Security; which Offer they 
refused to accept of. ' 

They do declare, that tho' the said Families without 
Title, have committed great Waste of the Timber on 
the said Land, that they never threatned nor had 
Thoughts of bringing any one Action on the Act of 
1713, of Twenty Shillings Penalty for each Tree; nor 
did they agree or intend to bring any one or more 
Actions of Trespass for the Damage, or mean Profits 
of the said Land, and Costs of the Suits of Ejectment, 
tho' it was lawful for them so to have done, and is 
usual in the hke Case. The offering a Lease for a 
Year without any Rent (which was one of the three 
Proposals of December 22d, and the Offer renewed at 
the Meeting at Perth-Amboy) was in a Manner an 
Acquittal of those Things, and had they desired it 
they sliould have had Acquittances in Form. 

As to the Action of Trespass against Baldwin, on 
which the first Riot was committed, it was not for 
trespassing on the said Tract, but upon a Tract adjoin- 
ining to it, belonging to Infants, the Children of 
Richard Ashfield, deceased; and on wliich the said 
Baldwin made great Havock with his Sau- Mill, of the 
best Timber thereon; and tho' forewarned, would not 
desist, but in Defiance continued so to do, to the great 

' The Letter is annexed as a note, but is not printed in this connection, being 
unnecessary after the statements in the text. — Ed. 


Impoverishment of the same Land; and so he con- 
tinues as well as other the Eioters to do, in making all 
the Waste and Havock they can ot the Timber there- 
abouts, in hopes of Impunity from those Riots. 

That they have been informed and believe, that at 
the first Riot there was no more than seven of the 
People of the said Tract of 13,500 Acres, and fewer at 
the last Riot; and that they verily believe, those Peo- 
ple had no Thoughts of opposing their Title, or of com- 
mitting any such Riots, till spirited up by some Men 
who have formed the daring Design aforesaid, of 
wresting from the General Proprietors both their 
Rents and Lands; and of setting up sham Deeds, pro- 
cured from stroling Indians, in Place of the Title of 
the Crown of England; and the People of the 13,500 
Acre Tract, were so far from having any such 
Thoughts, that they gave their best Assistance in car- 
rying the Chain, and in other Sei'vices, and the best 
Entertainment their Houses could afford, and the 
civilest Usage in their Power, during the Sm^vey 
thereof, before mentioned. 

And upon the Whole, we the Council of Proprietors 
conceive, its no Wonder that the Bait of the Seducers 
has been catch 'd at by a Number of })Oor. weak and 
ignorant People, seeing it was covered with so great 
seeming Advantages, as for a few Bottles of Rum 
bestowed for Indian Deeds, to be not only discharged 
of Arrears of Quit-Rents, and to be clear of paying 
Rents for the future; but also instead of l)ayiiig Ten or 
Fifteen ShiUingsj^er Acre to the Proprietors for Land, 
they can in this Method, have them for less than Ten 
or Fifteen Fence per 100 Acres: Animating Prospects 
indeed! But if they will with Coolness consider what 
they give up by snatching at the Bait; their Alley iance 
and the puUick Peace; and that they expose them- 
selves to the Punishment due to Sedition, &c. etc. It 
is hoped they will be sensible of the Danger they rmi, 


and act as all other good Subjects do, by making the 
Laws and not Force the Measure of their Eights. 

From the printed Letter of Mr. Jenkins to the Peo- 
ple Newark, there seemeth Reason to suspect, that 
neither he nor the other seduced People, have been 
acquainted with the fundamental Rule, Act of 1(>S3, 
and Act of 1703; and Instructions concerning Indian 
Purchases shewn, to their Committee, as before men- 
tioned, but have been blindly led on by a Position, 
Thai the Indians were once the Owners of the Soil; 
and therefrom they conclude, That those who hare 
purchased, or got Deeds of their Right, must also be 
Oivners now: the Argument seems plausible and of 
Force, to those who are unacquainted with the pre- 
ceeding Rule and Laws, and with the Nature of the 
undeniable Rights of the Croivn of Engla)/d. 

But suppose (for Argument Sake) the Position afore- 
said to be true, yet, has not the Crown of England a 
Right to those void or uninhabited Countries, which 
are discovered by any of its Subjects? Has not the 
Crown of England a Right, to restrain its Subjects 
from treating with any Heathen Nation whatsoever? 
And has not the Crown of England, in Consequence of 
that Right, Power to grant the Liberty of ti-eating 
with any Heathen Nation, to any one particular Per- 
son, exclusive of all others, and that upon such Teims 
as by the Crown may be thought proper? Has not the 
Crown of England at least granted that Right to the 
Proprietors, by Grants of New-Jersey under the (livat 
Seal of England^ Had not the Proprietors, by Viilue 
of those Grants, a Right to make the fundamental 
Rule before mentioned? Or rather, was not that fun- 
damental Rule a Notification of what was the Right of 
the Proprietors antecedent to it? Had not the iliegisla- 
ture, ill the Year KiSo, the Right to declare the 
Breaches of that fundamentalRule to be criminal, and 
tending to Sedition? And is it not obvious from the 


two late Riots at Newark, that they (Sixty-two Years 
ago) foresaw the Consequences of the Breaches of that 
Rule? Had not the Legislature, in the Year 1703, the 
Right to declare all Indian Deeds obtained contrary to 
the said Rule to be void? And had not they a Right 
also to impose a Penalty of Forty Shillings per Acre, 
upon every Person who should break thro' that Rule? 
Had not the People of New- Jersey from the above 
Rights of the Crown, from the very Nature and Rea- 
son of Things, from the said fundamental Rule, and 
from the said two Acts of Assembly, sufficient Notice, 
that the Proprietors had the sole Right of making- 
Purchases from the Indians as they should see Occa- 
sion? Could any other Person's making Purchases, in 
Defiance of the said Rights of the Crown, Rule and 
Laws, intitle the Purchaser to any Thing further, than 
to the Punishment of Sedition prescribed by the Act 
of 1683, and to be subject to Forty Shillings per Acre 
Penalty by the Act of 1703? And had not the Legis- 
lature in the Year 1713, a Right to impose a Penalty of 
Tiventy Shillings for every Tree that any Man should 
cut on Lands not his legal Property? And are not all 
those Laws now in Force? If not, what has taken 
away the Force of any one of them? 

Suppose again (for Argument Sake) that there had 
been no such Rule nor Acts of Assembly as before, yet 
if the Crown of England and its Assigns, have the sole 
and exclusive Right of treating with the Heathen con- 
cerning Lands; is it not an Usurpation of the Right of 
the Crown, for any other Man even so much as to 
treat with them on that Head? And doth not an 
Usurpation of the Right of the Crown in its Nature 
approach to High Treason? 

To pretend to hold Lands by an Indian Deed only. 

is not that declaring the Indian Grantor to be the 

Superior Lord of that Land, and disowning the Crown 

of England to be so? And is not that an Overt Act of 




withdrawing the Allegiance due to the Crown of Eng- 
land^ (from which all Lands within its Dominions 
must be held mediately oi- immediately) Or is it not 
an Overt A.ct or Endeavour, to establish the Dominion 
of the Indian from whom the Tenure is, and to destroy 
the Dominion of the Crown of England in this Prov- 
ince? And do not those Overt Acts or Endeavours in 
their Nature approach to High Treason? 

If the Facts of barely treating for, or procuring an 
Indian Deed, without the Right of the Crown of Eng- 
land so to do, be in their Nature approaching to the 
Crime of High Treason, wiiat must be the Pretence of 
holding Lands by them only? — The assembling of Mul- 
titudes in a riotous Manner to defend such Pretence? — 
The obstructing with those Multitudes the due Course 
of the Law? — The taking from the King's Officer, the 
Sheriff of the County, the Possession of his Majesty's 
Prison? — The breaking open his Majesty's Prison, and 
rescuing the Prisoners there lawfully committed, &c. 
&c. ? And what must the publick avowing of all those 
Things in Print, by the Post-Boy of February Itth, 
and Mr. Jenkins's Letter be? 

These are Questions, that had the Seducers been 
honest Men, they would have considered, first, how 
they could have answered them themselves? And if 
they could answer them to their own Satisfactions, ' 
without withdrawing their Allegiance from the Crown 
of England; then, secondly, they ought to have ac- 
quainted the People with them and with their 
Ansv\'ers, and ought not to have blindly led a poor- 
ignorant Peoj^le in the Dark, into the C^rimes they have 
committed against those Laws and the King's Peace, ^ 
and all this thro' the sillij Position aforesaid, false in 
it self, as the Indians had no Notion of Property in 
Lands more than in Air, until the Christians came 
amongst them (except in the small Spots on which 
they planted their Indian Corn, and those Spots did 



not occupy so much as one Acre of a Thousand Acres; 
so that the remaining 999 Acres might properly be 
said to be void and uninhabited, and in the Power of 
the Crown absohitely to grant; and except as to Hunt- 

And as by what we have now pubhshed, Mr. Jen- 
kins, and other the People seduced, will be acquainted 
with what, we apprehend, has been kept hid from 
them by the Seducers; we hope they will be sensible 
of the Crimes they have committed or countenanced, 
and abhor them and the Seducers; will burn their 
Indian Deeds, that they have lately got for some Bot- 
tles of Rum, that they rise not in Judgment against 
them, to subject them to the Punishments and Penal- 
ties of the Laws, and flie to the Mercy of the Laws, 
for' the Expiation of their criminal Riots, and to the 
Mercy of the Owners of the Lands they have been pil- 
laging and jvasting, to make them what Amends is in 
their Power for so doing. 

By Order of the Council of Proprietors of East 

Laur. Smyth, Clerk. 

Samuel NevilVs' Speech in the Assembly of New Jer- 
sey — in answer to the Rioters' Petition. 

[From New York Post-Boy, May 19th and May 26th.] 

Mr. NevilPs Speech to the House of Eepresen- 
tatives of the Colony of New Jersey, on the 
Second Reading of the Petition, from a 

^^ . came to East Jersey in May, 17.36, brought 

/ 0^ X/ri /!/^ ^ out by the death of his sister, who had been 

(/ eUn'W^'^^eyy t/i^^tlA^^ tj^g ^^^ of peter Sonmans and inherited 

liis property. Mr. NevUl liad been editor 
of the London Morning Post, and the few memorials of him still existing indicate 
the possession of character and talents much above mediocrity. He soon rose to 


Number of Persons stiling themselves In- 
habitants chiefly of the Northern Part of 
the Province of New-Jersey, on Saturday 
the 26th of April, 1746. 

Mt\ Speaker, 

I look upon the Petition now read, as a scandalous, 
false, abusive and inveterate Tjibel, upon a Set of Gen- 
tlemen who are more immediately under the Protec- 
tion of his Majesty, as will appear by the Instructions 
given by the Crown, to the several Governors of this 
Colony, ever since the Surrender of the Government; 
I mean sir, the Proprietors of East New-Jersey, who 
are by the Petitioners traduced as guilty of Unjust 
Molestation, Virulent Oppression, Pretenders to Pro- 
priety, Invaders of the Rights and Properties of the 
People, and Enci'oachers upon the Heathen and In- 
dian Natives, and True Proprietors of the Lands, 
under whoQi the Petitioners claim their Titles and 

eminence in the Province, became a Judge of the Court of Common Pleas, Mayor 
of Pertli Amboy (then no trifling position). Second Judge of the Supreme Court, and 
filled several other important offices to the credit of himself, and it is believed to 
the satisfaction of the Government and the well disposed among the people. He 
was a member of the Provincial Assembly at various times, and prominent in the 
dissensions which occurred during Governor Morris' administraiion. In 175:2, while 
holding the office of Second Judge of the Supreme Court, Mr. Nevill commenced 
the publication of the laws of the Province in two volumes folio, which was a valu- 
able service to the Province. In 1758, under the fiob^-iquet of " Sylvanus Anieri- 
canus,*'— in imitation, probably, of " Sylvanus Urban."' of the London G'e/!f/('W!rt?i's 
Magazine— he commenced editing a monthly periodical published at Woodbridge 
by James Parker, called The New American Magazine, being the first periodical of 
any kind printed in New Jersey, and only the second monthl.y magazine on the 
Continent. The apijellation " New " was to distinguish it from its only predecessor, 
published in Philadelphia, which, however, was discontinued on the appearance of 
its competitor. On the death of Chief Justice Morris in January, IVW, he would 
probably have been raised to the vacant bench had not the infirmities of age ren- 
dered the performance of its duties by him impracticable. He died in October 
fallowing, in the sixty -seventh year of his age. Whom he married is not known, but 
his wife preceded him to the grave, dying in 1755, and their simple headstones of 
gray slate yet mark their places of sepulture in the graveyard of St. Peter's Church, 
Perth Amboy. They left no children.— See Contributions to the Early History of 
Perth Amboy, pp. 120-124, etc.— Ed. 


Rights to their Possessions; and thereby deny the 
Right and Property of these Parts of the Enghsii Do- 
minions to be vested in his Majesty, and charging th(; 
Crown of England with a Royal Fraud, and as guilty 
of the greatest Injustice; foi* the Proprietors cannot 
come under these opproliious Denominations, they 
having honestly paid for the Land which they claim 
Title to, and fairl}^ obtained good and sufficient Con- 
veyances for the same from the Crown, as manifestly 
appears by the Records of this Province. How this 
Honourable House will treat this Bold Attempt upon 
the J*rerogative of the Crown, by calling in Question 
his Majesty's Right and Title to the Soil of New Jer- 
sey, who is the Proj)rietors immediate Warrantor and 
Defender, I must submit; and shall now only beg 
Leave (in Behalf of those injured Gentlemen, Proprie- 
tors) to answer the said libellous Petition, Paragraph 
by Paragraph. The Petition begins thus: 

'' We, our Ancestors, Predecessors, &c. having (as 
we suppose) made a Full and Just Purchase of sundry 
Tracts of Land (situate in this Province) of the Heathen 
Native Proprietors and Owners thereof, and of and 
from them, obtained Good and Lawful Grants or Deeds 
of Conveyance of the same, some of which Lands hav- 
ing been possessed by our Fathers and us some Scores 
of Years, we thought our Rights and Propert ies sacm-e 
from Invasion, &c." 

This, Mr. Speaker, I conceive is a Notorious Libel 
upon the Ovown of England; for if the Purchases and 
Conveyances made and obtained by the Petitioner.-; by 
Full and Just, Good and Lawful; then consequently 
the Purchases and Conveyances made and obtained by 
the Proprietoi-s from the Crown of England, nuist be 
Void and Unjust, Bad and Unlawful, and of Course a 
Royal Fraud. But that the Crown fully intended to 
make good their Right and Title to the Lands of New 
Jersey, and to confirm them to the Proprietors, (to 


whom they had conveyed them) plainly appears by 
the Instructions given by Queen Anne, to the Lord 
Cornbury, the First Governor of New Jersey, after the 
Surrender of this Government to the Crown. And 
this set of Instructions, Sir, agreed on at that Time to 
be granted by the Crown as their Concessions to the 
People, may be justly deemed the Magna Charta or 
Great Charter of the Colony of New Jersey; and to 
break through any of them, I esteem as an Infringe- 
ment upon the Liberties and Properties of the People 
here; they being founded upon the Royal Word or 
Grant, and being Part of the Condition of the Surren- 
der of the Government. I shall beg Leave, Sir, to 
read that Part of the Instructions relating to the Pro- 
prietors. [See the Substance in the Proprietors' Publi- 

These Instructions, Sir, have always been continued 
to the several succeeding Governors, and I doubt not 
are continued to His Excellency our present Governor 
to this Day; and were also recommended by His Ex- 
cellency the Lord Cornbury to the first Assembly of 
this Colony after the said Surrender, in his first Speech 
to them, which I beg leave to read from the Minute 
Book of the said Assembly, now lying upon the Table, 
in the following Words, viz. 

" I am likewise commanded to recommend to your 
Care the preparing one or more BiU or Bills, whereby 
the Right and Property of the General Proprietors to 
the Soil of this Province may be confirmed to theni, 
according to their respective Titles, together with all 
Quit -Rents, and all other Privileges as are expressed 
in the Couveyances made by the Duke of York; except 
only the Right of Government, which remains in the 

In Consequence of which Recommendation, the first 

' See page 297 of this volume. 


Act that appears in the printed Laws of this Colony, 
and the first and only Law that pass'd here in that 
first Assembly after the Surrender as aforesaid, related 
to Indian Purchases; which I crave leave to read from 
the i:)rinted Book, it is entitled, &c. ' 

Now, Sir, by the Petitioners own Words it plainly 
appears, they have only Indian Purchases, which (by 
the Act of Assembly now read) are absolutely void. 
And as a further Demonstration of the Illegality of 
the Indian Purchases, I desire to read some Abstracts 
from the Proprietors Publication. 

This, I think. Sir, is a full Answer to that Part of 
the Petition; for by the Concessions and fundamental 
Constitutions, and by the Laws of the Province these 
Purchases are Void. The Petitioners go on thus: 

"And whereas divers Persons, pretending Propriety 
in the said Lands, have, in the late Years past, given 
us great Uneasiness, by surveying great Part of our 
purchased Lands, with many Improvements and Set- 
tlements, selling some, and offering the rest to Sale, 
serving sundry Ejectments on the long possessed, as 
aforesaid, and threatning to dispossess all the rest, who 
would not either purchase their Lands of them (at a 
very dear Rate too) or become their Tenants, &c."' 

As to this Part, Sir, I say, that the Indian Purchase 
being Void (as before observed) they can have no law- 
ful Pretensions to these Lands; and by what has been 
alreadv read. I leave it to the Honourable House to 

' The Substance of it is in the Publication of the Council of Proprietors of East 
Jersey, of March S5th, 1740, page 297 of this volume. 

The Publication referred to in this Speech, is that Edition of it printed by itself, 
consistintj of 11 Pages in folio.— The same Publication was reprinted in each of the 
three New-York News-Papers, divided into four Parts. The first Part, printed in 
the News-Papers of April 7th. 1746.— The second Pai-t, printed in I'apers of April 
1 1th.— The third Part, printed in Papers of April 21st. -The fourth Pai-t, printed in 
Papers of April SSth.— By the Help of this Note!, any one, who ha-i only one of the 
Elitions in the Xews-Paijers, may canity fi'i I thi Plaje-i there corre ^ponding tothe 
separate Edition here referred to. 

Note also. That a Copy of that Edition of the Publication referred to, was deliv 
ered to each Member of the Assembly of New Jersey, on the 9th of April, 174t;. 


judge, whether the Proprietors have not an undoubted 
Title to the same, and a Right to survey those Lands, 
and to bring Ejectments, or any other Suits, against 
such as wilfully withold the Possession from them, 
and to make Sale of the said Lands at their Pleasure. 
But to go on with the Petition; 

" And withall to bring a Resurvey upon all the 
Lands, even such as were of themselves bought or 
patented, ttc." 

I beg leave to say, Mr. Speaker, That tliese poor 
ignorant People have been much imposed upon by 
some designing Persons: For this Part of the Petition 
is an absolute and wicked Falshood; tending onl}^ to 
disquiet and terrify the People, and to amuse this 
Honourable House, by endeavouring to prepossess 
them in Favour of their unjust and illegal Proceedings. 
For I have for many Years past, Sir, sate with the 
Council of Proprietors of East New-Jersey, have ex- 
amined all the Minutes from the Year Eighty-five 
(being their first Meeting in these Parts) to this pres- 
ent Time, and have never met with any Motion, or the 
least Hint of that Kind in their Minutes, or in their 
Books of Record; nor have I ever heard any of the 
present Council of Proprietors make mention of any 
such Thing, but on the contrary, when they have 
heard of such base Stories being spread abroad, they 
have all declared their Detestation of any such Prac- 
tice. The Petitioners say further: 

"And make all Persons who have Patents, &c. pay 
unto them Quit-Rents, contrary to the True Meaning 
and Intent of the same, &c. " 

This is both False and Ridiculous in itself: Can it be 
supposed the Proprietors would be so foolish as to de- 
mand Quit-Rents where there are none due by the Pat- 
ents? And where the Grantees hold their Land by no 
other Service but paying such Rents as are specifyVl 
in their Patents, have not the Proprietors a Right to 


demand thein^ Can a Person renting a Farm a Hun- 
dred Years upon Lease, conditioned for the Payment of 
such an annual Rent as is specify'd in his said Lease, 
justly say he is injured, if his Landlord permits him to 
make use of his Rent Money for Fifty Years without 
demanding it^ Or has the Tenant any Right to refuse 
the Payment of it when demanded^ Or to claim the 
Farm as his own without any Acknowlegement, be- 
cause of such an Indulgence^ But to proceed: 

** And moreover to load them with Multiplicities of 
Law Suits (which as Experience shews) exposes, espe- 
cially Men of quiet Minds, to exorbitant Expence and 
Costs as well as Fatigues, &c. By which Acts and 
Threats as aforesaid, which we imagine to be Unjust 
Molestation and even Virulent Oppression, &c/' 

The Proprietors in general have brought no Suits 
against these Men, nor threatened any: Two of that 
Board, viz. Mr. Alexander and Mr. Morris have brought 
Suits against some of them: their Reasons they set 
forth in the said Proprietors Publication, which (as 
every Member hath been presented with one of the 
said Answers) for Brevity Sake, I refer. 

By that their Answer, Mr. Speaker, the House may 
see, that these Grentlemen have acted fairly and can- 
didly by these People, have put them to no exorbitant 
Expence and Costs, as they alledge, nor even to one 
Farthing Expence: And it is well known, that in Cases 
of Ejectment, when no Defence is made, no Costs can 
be recovered; and if a Title is defended, and no Right 
appears in the Defendant, is it not reasonable he should 
pay the Costs^ However, let us hear further; 

' ' We were animated to seek the Transmission of 
our Affairs and Circumstances (relating to our /y^ r«r/(^r/ 
Rights and Projjerties) Home to England, and lay 
them before the King in Council, hoping in such a due 
and regular Way and Manner of Procedure, to have 
our justly purchased, (as we suppose) and possessed 


Lands and Inheritances to us warranted, secured, and 
defended by the Laws and Liberties of our Nation: 
To which End and Purpose, we chose a Committee to 
act for us, &c. who have endeavoured (maugre all the 
Projections of the adverse Party) to cause a Superces- 
sion in that Affair, &c." 

By those Gentlemen's Reasons, Sir, set forth in the 
Proprietors Publication, before mentioned, it plainly 
appears, that they were so far from hindering these 
People from transmitting theii" Circumstances home to 
England, or causing a Supercession (as they term it) 
in that Affan, that Mr. Ogden offer'd them fair Pro- 
posals for that Purpose, nay even to lend them Money 
to defray the whole Charge of it. The Petitioners fur- 
ther say, 

" The Prosecution of our Design to Effect, tho' by 
slow, yet we hope by Regular and Sure Steps, &c.''' 

I must confess, Mr. Speaker, that I know not what 
these Gentlemen mean by Regular and Sure Steps, 
unless it be by a Club Law, (which is uow become a 
By- Word, and is too much encouraged by inconsider- 
ate People) and that is a Sure Step indeed, to tiy a 
Man's Property by Knocking out his Brains I Or un- 
less it be by Flying in the Face of the King's Authority, 
Breaking Goal, and Terrifying and Abusing the Offi- 
cers aud Magistrates, who endeavoured to put the 
Laws in Execution; And these are such Regidar and 
Save Steps, which must certainly end in the Destruc- 
tion both of the Constitution and the Colony; and 
which, I am sure, the Honourable House will nevei' 
countenance. The next is a very modest Paragraph, I 
must confess, especially considering the Petitioners 
are suing for the King's Mercy! 

" It is humbly confessed and declared, th(^ Oppres- 
sions and Fraudulent Dealings we have met withall, 
from and by the Proprietors so called, their Threat- 
nings, commencing of Suits, and such Prosecution 


against us, on such Pretences as theirs is, and under 
such Circumstances as ours are, is the only Gronnd of 
that Exasperation, which hath been in this Part of 
the Comitry generally, and hath occasioned the late 
Stirs among us, particnJarJy at Newark, &c.'' 

This, Sir, is certainly an Original in it self, and 
deserves a mo]^ particular Remark! What do the 
Petitioners mean by the Proprietors so called? If they 
deny the King's Supremacy here! If they deny his 
Right and Title to the Lands of New Jersey! If they 
deny the Holding of Lands in this Colony by the 
Laws of England to be Good ! And so consequently 
deny their Dependance upon the Crown of England 
for their Properties! Then are the Proprietors Pre- 
tenders, and may be stiled the Proprietors so called: 
Property carries no double Face, Sir, it is either Prop- 
erty or Not Property; and the Dispute now is, whether 
the Property in the Soil of this Colony is vested in the 
Crown of England, or in the Indian Natives? A 
dangerous Dispute to be disputed, Mr. Speaker! 
Again; Carrying on such Prosecutions against us on 
such Pretences as theirs is, and under such Circum- 
stances as ours are: On such Pretences as theirs is, 
that is. an absolute Conveyance of all the Lands in 
New Jersey, both mediately and immediately from the 
(.^rown of England to the Proprietors and their Heirs 
and Assigns forever. And under such Circumstances 
as ours are. That is, a Multitude of People, treading 
upon the very Heels of Rebellion, if not actually en- 
gaged in it. (as is the Opinion of the King's Attorney 
General) and setting up the Heathen Indians as true 
Owners of the Soil, under whom they claim, and so of 
Course their Lords Paramount; and this. Sir, they 
urge as the only Ground of that Exasperation which 
hath been in this Part of the Country generally, and 
hath occasioned the late Stirs among them, particu- 
larly at Newark. A very plausible Excuse truly, and 


wortliy the Consideration of this Honourable House! 
In short, I pity the Ignorance of the poor deluded Peo- 
ple! They seem to be in a Maze! And endeavouring to 
find their Way out, they plunge themselves further 
in, by signing these Petitions: But I think. Sir, the 
Draftsman (be who he will) is without excuse; First, 
for craftily advancing such traiterou| and seditious 
Tenets to this Honourable House, in Hopes to have 
them countenanced here; and, secondly, from behind 
the Curtain, drawing these poor People into his per- 
nicious Principles, and dangerous Measures, by induc- 
ing them to sign these Petitions. As to Part of the 
Charge, viz. The Oppressions and Fraudulent Deal- 
ings they have met withall from and by the Proprie- 
tors so called; I refer you to the Proprietors Publica- 
tion already mentioned, which I think a full and Suffi- 
cient Answer. I shall now go on with the Petition. 

' ' For sure it is, should we attempt to enter and 
engage our Opponents in the Law here, who sees not 
the Difficulties attending our making a legal Defence, 
where the Interest in general is on their Side, render- 
ing the Case so difficult with us and on our Side, 
That we cannot think any Cause between us and the 
Propi'ietors so called can have a fair and impartial 
Hearing and Determination, unless we suppose Men 
in their own Cause will act ui)rightly. against their 
own Interest, which both the Law of Nature and or 
the Nation rejects, as a Matter not to be depended 
upon, &c.'' 

This, Sir, is a heavy Charge indeed! Laid upon the 
whole Body of the People; Governor and Governed! 
Judges and Juries! All Tainted or Corrupted! But 
by the Laws of England no Judge can sit upon his 
own Cause; and the Chief Justice (being concerned in 
Interest) cannot sit upon these Trials: Yet what should 
hinder a fair Trial before Mr. Justice Allen:' or even 
before Mr. Justice Bonnel? for if the latter is concerned 


ill Interest, it is certainly on the Petitioners Side of 
the Question. I was myself in Court, Mr. Speaker, 
last March was Twelvemonth at Amboy, when the 
Chief Justice absolutely refused to sit, even whilst the 
Common Rules were made upon these very Eject- 
ments; and Judge Bonnel being sick at that Time, an 
Express was sent for Judge Allen, who came from 
Burhngton to Perth Amboy, only to sit alone in Court 
whilst the said Rules were entered. So cautious was 
that Gentleman, the Cliief Justice, of leaving the least 
Room for Reflection tiiat Way; And is it not both un- 
fair and unjust for the Petitioners to suggest, that the 
Chief Justice would sit as a Judge in his own Cause; 
and therefore they could not have a fair and impartial 
Hearing and Determination ? But we are highly obliged 
to the Petitioners for the great Compliment paid to us 
in the next Paragraph I 

" For which Reason we humbly and earnestly beg 
l^having our Eyes to the Legislative Powers; from and 
by whom our Rights, Properties, and Privileges have 
their Rise and Support, &c.'' 

This Petition, Mr. Speaker, cannot have its Spring 
from those poor deluded People; some crafty subtle 
incendiaries must be at the bottom of it; for this 
Parenthesis attributing to the Legislative Powers 
(which must be to the Legislative Powers to whom 
this Petition is directed ) I say attributing to the Legis- 
lative Powers here the Rise and Support of their 
Rights, Properties, and Privileges, is absolutely deny- 
ing that they have any other Source, Foundation, or 
Rise and Support, and consequently denying their 
Dependance upon the Crown of England, for their 
Properties, under which all oui' Lands, by the Laws of 
England, must mediately or inunediately be held: 
And should this Attribute confen-ed on us by the Peti- 
tioners, be passed over in Silence by this House (and 
thereby made theii' own) I leave it to their serious 


Consideration, whether it may not be esteemed else- 
where a Consent to that Attribute, which I am far 
from thinking this House aim at ; and whether it may 
not be incumbent on us to demonstrate so to the 
World, in the most express and explicite Manner I 
humbly submit. To go on, 

' ' That Way may be made for our Relief here, or 
Liberty of Application, by our Committee or theii- 
Substitutes, to the Head and Fountain of Justice, in 
order to seek the Redress of our Wrongs and Injuries 
we have already received, and prevent the like for the 
future, &c." 

As to this, Mr. Speaker, Mr. Ogden's Letter in the 
Proprietors Publication, before mentioned, shews 
clearly, that the Petitioners have been no Ways hindred 
from applying t'o his Majesty, in such Manner as they 
thought fit: Nay, so far from hindering, that the best 
Advice that could be given, was given to them by Mr, 
Ogden, (as they themselves will find, when they advise 
with any good Lawer. ) And why have the}' not now 
in near a Year and a Half, since these Men were ani- 
mated against the Proprietors Title, I say, why have 
they not in that Time applied to his Majesty? And 
why they did reject all the Assistance offered them 
for that Purpose, they best know; but, I think, that 
Delay shews, that that Application is a mere Pretence. 
The Petitioners further pray thus, 

"And in the mean Time, that all our past Miscon- 
duct, If such, and intemperate Zeal we have any of 
us been guilty of, may pass away under an Act of 
Indemnity, &c.'' 

I shall be far, Sir, from opposing a Pardon to the 
Petitioners, but shall rather promote it, and heartily 
wish it may (if obtained) have the good Effect to re- 
duce them to their Duty and Allegiance to his Majesty 
for. the future, which they have certainly (tho' many 
of them, I believe, ignorantly) violated; but I wish 


they had shown themselves to have been more deserv- 
ing of it. by a Sense of, and Sorrow for the Crimes 
they have been guilty of. And indeed I am sorry to 
find them to betray their Ignorance so much, to this 
Honourable House, as to question, Whether apppear- 
ing in Arms; terrifying the King's Subjects; breaking 
open Goal, and rescuing the Prisoners legally commit- 
ted by the Governor's Warrant; assaulting and resist- 
ing the Sheriff and his Assistants, in the legal Execu- 
tion of liis Office, and beating and wounding them ; I 
say. Sir, 1 am sorry to find them so ignorant, as to 
question whether this be a Misconduct or not. The 
Petition goes on; 

"And may all Writs and Processes against any of 
us," relating to our Liberties and Properties, have a 
Cessation, at least until such Time as his Majesty's 
Pleasure may and can be known concerning them, &c." 

As to this. Sir, his Majesty's Pleasure is already 
known, to wit. That his Courts of Justice (both of 
Law and Equity) should be open for every one of his 
Subjects to have Recourse to; and its the Right of the 
Subject that should be so. Nnlli negabiiiius, NuUi 
defereimis; Justiticu)/ vel Recfxm: We will deny to no 
one. We will delay to no one. Justice or Right, is what 
the King is sworn to; and that Oath he keeps by 
keeping Courts open: Nor can the King himself do 
what the Petitioners pray this House to do, to stay 
the Proceedings of his Court. If a Title be just and 
equitable (tho' not legal) there has the King appointed 
his C*ourts of Equity to be applied to, to stop Proceed- 
ings in Law. till the Equity of the Cause be deter- 
mined; but that the King himself ever stoptthe Course 
of the Courts of Law, I believe no Instance can be 
assigned, since Magna Charfa, and if it could be, it 
would be only proving that King to have broke thro' 
his Coronation Oath. The Petition concludes thus; 

''And may it please the Honourable House, that 


this our Petition be laid before his Excellency in Coun- 
cil. And your Petitioners as in Duty bound shall ever 

This, Sir, I shall observe upon, in my Answer to the 
next Petition, because that concludes much in the 
same Manner. 

1 have only now further to observe, that five of the 
Names signed to this Petition, are the same with those 
who stand indicted by the Grand Jury of Essex Coun- 
ty, foi" breaking open Goal, and committing a very 
great Riot in the Town of Newark, and against whom 
the Governor's Warrant was issued; and above thirty 
more of the Names signed to this Petition, are the 
same with those recorded as Rioters, by the Magis- 
trates of the County of Essex, as being aiding and 
assisting in the second Riot at Newark, when the 
King's Goal was again broke open, and the Rioters 
apprehended, by Virtue of the Governor's Warrant, 
rescued, and the Sheriff, Magistrates, Officers and 
those assisting them in putting the Laws in Execution, 
beat and abused; and these very Fellows are either 
fled, or are screened from Justice by these Petitioners. 
Therefore what Encouragement, Sir, this Petition 
ought to receive from this Honourable House, I sub- 

[On a Second Petition.] 

I must confess these Petitioners appear with a little 
more Modesty; this Petition is not so abusive and 
reflecting as the former; perhaps the Draftsman (for 
I verily believe them to be done by one and the same 
Person) considering these Gentlemen as a Committee 
or Superintendants over the rest, confined himself the 
more within the Bounds of Decency and good Man- 
ners; but nevertheless this Petition is a little tinctur'd 
with Sedition, as I shall shew by and by; and there 
are also many Absurdities and Untruths contained in 


it, as I hope I shall be able to make appear i)laiiily to 
tliis Honourable House, by my Answer to the same, 
which I shall without more Delay enter upon as be- 
fore, Paragraph by Paragraph. The Petition begins 
Historically, viz. 

''That his Majesty King Charles the Second, did, in 
the Sixteenth Year of his Reign, March 12th, grant to 
his Royal Highness James Duke of ForA', all that Part 
of the Country in North America, situate even from 
Nova Scotia Eastwards unto DeJaware River, &c. 
with Power to govern and rule the Inhabitants thereof, 
by himself, or such Deputy Commissioners or Officers 
as he should appoint for that Pui'pose. His Royal 
Highness, by Commission to Richard NicJiolls, Esq; 
{April 2d following) constituted him his Deputy Gov- 
ernor, to execute (within the above granted Territories) 
all the Powers granted to himself, &c." 

Situate even from Nova Scotia Eastwards unto Dele- 
ware River, &c. These Bounds, Sir, (by the Petitioners 
described) of the Grant to the Duke of York, shew. 
That they either recite Facts upon Hearsay, or do 
falsely recite them; for were the Bounds so as they 
say, then would the Colonies of Massachusets or Bos- 
ton, Rhode-Island and Connecticut be included in that 
Grant; but the Fact is not so: For the Truth is. That 
a Tract of Land, called Pemaquid, bounding on Nova 
Scotia; is thereby granted, then Long Island, then all 
the Land from Connecticut River to Delaware River. 
But to go on; 

"Said Nicholls {Anno 166-i) issued Proclamation, &c. 
setting forth. That the Lands should be purchased of 
the Indians, and that no Purchaser should contract foi- 
himself without Consent of his Associates, oi- Grant 
from the Governor: That the Purchasers should be 
free from Assessments or Rates five Years, and then 
should only be liable to the publick Rates, &c, accord- 
ing to the Custom of other new Planters and Settlers; 


And that all Lands so purchased and possessed, should 
be the Purchasers and the Heirs, to dispose of as they 
pleased, &c." 

This Proclamation, Sir, I never saw, nor heard of 
before, and if any such was, I make no doubt (if they'll 
produce it) it will appear to be no less falsely recited 
than the King's Grant to the Duke of York: But 
what Relation those two Things have to New Jersey, 
I cannot see; nor has the Petition told any Use they 
were to make of them: They clearly shew either the 
Falsehood or In judiciousness of the Drawer of the Pe- 
tition. However to proceed. 

''That his Eoyal Highness gave to Lord Barclay and 
Sir George Carteret the Province or Colony of New- 
Jersey so called, with Power of Governance, which 
caused a Supercession in the Commission and Powers 
aforesaid. Lord Barclay and Sir George Carteret, by 
Virtue of the Power invested in them, constituted 
Philip Carteret their Governor, who {Anno 1666) 
granted Licence to sundry Persons by Name and Com- 
pany (under which your Petitioners claim ) under his 
Hand and Seal, to purchase from the Indians within 
this Government, what Quantity of Land they should 
think convenient, Beginning by the Bay, &c. and 
thence Westward, or in any other Places in the Pro- 
vince. Pursuant to which your Petitioners Ancestors 
made several Purchases, by and with the Advice and 
Consent of said Governoi- Carteret, as is in the said 
Deeds or Grants asserted; the which were taken and 
acknowledged before him; the Testimony whereof he 
has left under his own Hand, &c." 

What Licence this is, Mr. Speaker, and to whom 
granted, I am at a Loss to know, from any thing in 
the Petition, seeing its not expressed, nor do they 
offer to shew this Licence, if any such was, nor tell us 
where it is lecorded: But if any such ever was, I 
think I can be bold to say it's falsely recited; Because 


I am well informed there are many Licences upon 
Record from Governor Carteret to purchase of the 
Indians and that they all refer to the Concessions of 
the Proprietors expressly, that the Persons shall com- 
ply with all the Directions thereof: And I think I 
dare safely challenge the Petitioners to produce any 
Licence from him to purchase, without such Reference 
to the Concessions; and if any such Licence be, and 
it has such Reference, I submit to this House how dif- 
ferent a Light it will appear in from what by this Pe- 
tition it is represented: For tho' they had made pur- 
chase from the Indians, it plainly appears from the 
Concessions, That that was not to be their Title; but 
their Title was to consist of a Warrant, Survey, and 
Patent, at a Half -penny sterhng per Acre; and in the 
Second Concessions, in 1(572, and Third Concessions, 
in lOTJr, it's expressly forbidden, That Indian Deeds 
should be taken in any other Name than the Proprie- 
tors.' The Petition Proceeds thus. 

"As the Inhabitants encreased, &c. our Ancestors, 
their Associates, and some of us, were constrained to 
make furthei' C^ompositions with the Indians, about 
their Lands, who (as they were the Native Owners, 
true Proprietors, and Possessors of the same) would 
not permit either Survey or Settlement thereon, with- 
out a precedent Purchase made thereof, &c. Accord- 

' C*opy of one of Governor Carteret's Licences to 
purchase of the Indians; as recorded in Lib 1. Fol. i». 

Whereas Mr. Isaac Tenna. alias La piere. hath requested my Leave, for the pur- 
chasing of a certam Tract of Land from the Indians, on the East Side of Delaware 
River, within this Government, with an Intent to inhabit and plant the same ; These 
are therefore to pei-mit and suffer the said Isaac to purchase the said Tract of Land 
from the Indians, -Upon Condition, that he trul.v perform all such Acts and things, 
as are contained in the Lords Proprietors Concessions, aod to be conformable and 
obedient to the Laws of this Province. Given under my Hand and Seal of the Pro- 
vince, the :24th June. l(iGG. 

Philip Carteret. 

I Other Hcences are named. I 


ingly, (the Right to Purchase being vested in our 
Ancestors and us) sundry Purchases have been made 
of the Natives, &;c. by those under whom we claim, 
and by some of our selves; as per sundry Grants or 
Deeds, duly executed from March, 1678, to March, 
1703, for sundry Tracts of Land, situate in the County 
of Essex, viz. about Newark, and West of the Moun- 
tains unto Passaik River, and in the adjacent Parts 
and Places within this Colony, as namely Acquack, so 
called, Whipponung and Pefiponung, &c. may appear: 
All which Lands have been by us, our Associates or 
Ancestors, fairly purchased; and a great Part of them 
planted, settled and improved, for which we have paid 
Rates and Taxes, as an Acknowledgement to the Cro wn, 
&c. The which your Petitioners look upon as a just 
Foundation of a Title to them, against those especially 
who have not been at any Expence in Purchasing, 

If the Petitioners Ancestors, Sir, had a Licence to 
purchase, and that License had a Reference to the 
Concessions, as before; yet, as the Concessions directed 
what should be the Title, viz. Warrant, Survey and 
Patent, and directed all Indian Deeds to be in the Pro- 
prietors Name, and as the Act of Assembly, of 16S3, 
made it criminal to take such Deeds in any other Name 
than the Proprietors, how can they say that those 
Lands have been fairly purchased by their Ancestors, 
from March 1678, to March 1703? For if fairly pur- 
chased, by License, pursuant to the Concessions, the 
Deeds are in the Proprietors Names; if not so, and 
since 1683, they not only are not fairly purchased, but 
Criminally; and if fairly purchased, yet no Title (ac- 
cording to the Concessions) could they have, without 
Warrant, Survey and Patent, at a Half -penny sterl. 
per Acre, as the Concessions direct. And I make no 
doubt, but that great Numbers of the Ancestors of the 
Subscribers to the first Petition, have Warrants, Sur- 


veys and Patents, for all the Lands that they were 
intitled to by the Concessions; and if they had them 
not, it was their own Fault. These petitioners say 

"And since it appears, both by the Law of Nature 
and Nations, that the Indian Natives had a Right to 
and in the aforesaid Lands, and could not justly be 
deprived of them, without a voluntary Agreement to 
part with them; and seeing Purchases of them must 
necessarily be made, in order to vest the Fee and Soil 
in the Crown, consonant unto the Practice of even all 
his Majesty's Subjects (or the most of them) in these 
Parts of his Dominions, the which is manifest by the 
Directions given by his Majesty, and Licences granted 
by his Governors unto this End: And who sees not 
(saving only such of whom it may be said that the 
Dust of earthly Profits has put out their Eyes) how 
directly and necessarily it will follow. That those of 
his Majesty's Liege Subjects, who have duly made 
such Purchases, may truly be accounted and acknowl- 
edged the Lawful Owners and Proprietors of the Land 
so purchased. Hence therefore we having made the 
Purchases, Settlements and Improvements, and paid 
aU due Acknowledgements as aforesaid, even for some 
Scores of Years, &c. do humbly conceive ourselves 
justly intitled to the quiet and peaceable Possession 
and Enjoyment thereof; the Claims and Pretences of 
our Adversaries notwithstanding, &c." 

Upon this, Sir, I shall beg Leave to read so much of 
the Propi'ietors Pububhcation as is upon this Head. 
To go on with the Petition: 

"And consequently the commencing of Suits, and 
carrying on such Prosecutions by our Advei'saries, on 
their Pretences, and under our Circumstances, your 
Petitioners humbly conceive must be looked upon as 
unjust, illegal and oppressive. But so it is; (not to 
mention the Circumstances of this Colony, and the 


Officers thereof, many of whom appear our Opponents 
as being on t'other Side of the Question) notwithstand- 
ing the Justice and Equity of our Kight and Claim, 
and the unjust and unwarrantable Pretence of the 
contrary Party, divers Persons, seeking to make Gain 
of our Improvements, as well as Lands, claiming by 
mean Conveyances from the said Duke of York, with- 
out so much as a Pretence of any Purchase having 
been by them (or any others for them made, or Grants 
obtained of or from the Native Owners and Proprietors, 
have commenced Multiplicities of Suits against many 
of us for Recovery of our Possessions and Monies, 
whereby they have obtained some Possessions and 
more Judgments; the Consequence of which is, and 
will be, (unless a Way may be found and taken for 
our Redress) the Depriving us of our Lands and Liv- 
ings, which we have spent our Strength and Substance 
upon, and burdening us with heavy Costs, C'liarges 
and Expences, to the Subversion and Destruction of 
our FamiUes, with respect to the Comforts of this 
Life: And in Addition to all this, threaten us further, 
unless we comply with their Terms, which are ( in our 
Apprehension) extremely severe, &c." 

In speaking to the other Petition, Mr. Speaker, I 
have said, That the General Proprietors are not privy 
to the Suits complained of; and as to the Suits of two 
Persons who are Proprietors, I then referred to their 
Answers on that Head, which I think are very suffi- 
cient to shew they have been both kind and candid in 
all their Transactions with those People, and done 
nothing illegal, unjust, or oppressive; if they have, it 
will he on the Petitioners, to point it out: For the 
Using the due Course of the Law to obtain what one 
believes is his Right tho' it should even not prove so, 1 
believe was never till now deemed Illegal, Unjust or 
Oppressive. As to burdening them with heavy Costs, 
Charges and Expences; by those two Gentlemen's 


Answers it appears, they have not been as yet put to 
One Penny Costs, nor had they (as I beheve) thought 
of domg it. How far those People's Conduct will 
oblige the Gentlemen to alter their Minds on this Head, 
is what I don't know,' The Petition says. 

"It would even fill a Volume to enumerate ah our 
Grievances; may your Petitioners crave Leave to refer 
you to what is inserted in Mr. Parker's Post-Boy of 
Feb. ITth, and in the Petition preferr'd by our Con- 
stituents, setting forth the same, in which we concur, 

As to Mr. Parker's Post-Boy, Sir, I humbly conceive 
the Proprietors have given a full and compleat Answer 
to it, whereto I refer for Answer to that: However, 
I beg leave to oljserve here. That this Paragraph 
shews, that these Petitioners concur with the Rioters, 
in every thing they have done and publish'd; and 
therefore this Committee (as they are pleased to stile 
themselves) are no less tinctur'd with the Spirit and 
Seeds of Sedition, than their Constituents, as they call 
the Rioters; notwithstanding their fair and specious 
Pretences to the contrary; for by their own Expres- 
sions it plainly appears, they are Aiders and Abettors 
of these Riots, though perhaps they may not person- 
ally appear publickly in them. They proceed thus: 

"And upon the Whole, we beg Leave to observe, 
That should we attempt a Composition with our Ad- 
versaries or Opponents, meaning the Proprietors, there 
will remain a perpetual Uncertainity who are the True 
Owners and Proprietors, even by and according to 
their own Scheme; not to insist upon their putting off 
False Wares, (we mean) Shayn Titles, bare Qwit- 
Claims, for Lands unappropriated, and not so much 
as located, for and under a good Title to the Premises, 
even such as shall be secure to the Grantees, their 
Heirs and Assigns. Many Examples and Instances 
we might bring as Evidences hereof; and shew, how 


the pool", weak, simple and ignorant Men have been 
beguiled, &c. And hkevi'ise when diverse of our As- 
sociates, who to quiet themselves, and prevent great 
Loss. Trouble and Charge in the Law, (^having none 
other Refuge or Remedy) have purchased of some such 
pretended Proprietors, &c. yet have been forced to 
purchase again, or meet with the same Difficulty they 
intended to avoid by the former Purchase; so uncer 
tain and precarious are their Rights, even among 
themselves, that no certain Dependance can be had on 
them, &c.'* 

By allowing. Sir, any other than the Crown of Eng- 
land and its Assigns, to be the true Owners and Pro- 
prietors, a perpetual Uncertainty would evidently 
follow who were the true Owners and ProjDrietors ; and 
for that Reason it was, that by the fundamental Con- 
cessions, all Deeds from the Indians were to be in the 
Proprietors Names; for that Reason it was, that the 
Act of Assembly of 1683, made it criminal and sedi- 
tious, to take Deeds from the Indians in any other 
Name; and for that Reason it was, that the first Act 
in our printed Book of Laws, made all Indian Deeds 
void, if the Right of the Crown was not purchased in 
six Months after that Act was published; so that the 
Constitutions and Laws of this Province, have suffi- 
ciently provided against the Uncertainty in Titles, 
that the Petitioners would bring into this Colony. It 
appears, Mr. Speaker, that Sedition was the natural 
Effect of such Uncertainty; and therefore they by Law 
appointed the Punishment of Sedition to be inflicted 
on those, who should attempt to introduce such Uncer- 
tainty, as Breakers of the Kings Peace, and the Peace 
of the Province. As to the Proprietors putting off 
false Wares, sham Titles, &c. it appears by the Pro- 
l)rietors Publication, that this is altogether a Calumny 
of them, and can be only true of Doctor Jacob Arents, 
wlio is no Proprietor, and possibly of some other Im- 


posters among the Petitioners, pretending to be Pro- 
prietors: But are the Proprietors to blame on Account 
of those Pretenders 'i Have not they done their Duty, 
by forewarning the People of Jacob Arents, by Name, 
six years ago, [See Proprietors Publication,] and of 
such Pretenders i Did not they there point out a very 
easy Way to discover such Pretenders 'i And can they 
say the Proprietors evei- countenanced or approved 
such Pretenders i Or that any other ever came to 
their Knowledge, save only Jacob Arents ? But to go 
on with the Petition; 

"Wherefore we must, together with our Fellow 
Men and Brethren, as Partakers with them in the like 
Sufferings, humbly pray our deplorable Circumstances 
may be duly weigh'd and considered, that Way may 
be made by our Legislative Powers, for our Relief and 
Help, even by giving, granting and confirming to us, 
that which has been, and now is, or should be, the 
undoubted Right and Privilege of every true English 
Subject, under Oppressions and Distresses, freely and 
without Let, to seek (and use all lawful Means to ob- 
tain) Redress of his Wrongs and Grievances: This is 
what we singly and sincerely aim at, viz. By humble 
Application to his Majesty in Council, petitioning him 
of his Royal Goodness, to determine for us, in such 
Manner as may be most consistent with Law and 
Right, &c." 

As to this Prayer, Sir, I hope every English Subject 
is possessed of it, viz. freeli/ and without Let, to seek 
{and use all lawful Means to obtain) Redress of his 
Wrongs and Grievances ! Has not his Majesty ap- 
pointed Courts of Justice, both of Law and Equity, 
in this Province for that Purpose i Have not those 
( 'ourts been open for every one ( Has not his Majesty 
appointed the proper Appeals to himself in his Privy 
Council, from all those Courts, to redress what Errors 
they may happen to commit ( And have those Courts 


done any Thing to hinder the Petitioners, or any of 
them of the common Course of Justice; or ever been 
shut against them i And as the Petitioners are intitled 
to that Course of Justice, appointed by his Majesty in 
those Courts, and in that Method; so I hope, Mr. 
Speaker, the Proprietors and all other Subjects of this 
Province, are in hke Manner intitled; and that none 
will be so bold, besides the Petitioners, to attempt the 
stopping the Course of Justice in those Courts: If the 
Petitioners will apply to his Majesty in the first In- 
stance, without bringing their Cause before him, in 
the Method he has appointed, viz. by Appeal from one 
of the Courts here, has any Body hinder'd them from 
taking that Course if they thought proper ? It appears 
by Mr. Ogden's Letter (as I mentioned before) that he 
even offered these Petitioners (the Committee) to lend 
them a sufficient Siuii of Money for that P^irpose upon 
their own Bond. This Petition concludes thus; 

"And may the Honourable House (if in your Wis- 
dom it is thought expedient) lay this our humble Peti- 
tion before his Excellency our Governor in Council. 
And your Petitioners, as in Duty bound, shall always 

John Condict, Nathaniel Wheeler. 

Samuel Baldwin, Samuel Harrison, 
Michael Cook, Jonathan Pierson, 

Michael Vreelandt, Nathaniel Camp." 

I shall be far from agreeing, Sir, that this House 
should be the Petitioners Messengers, to lay these Pe- 
titions before the Governor in Council, lest it should 
look as an Approbation of several Things in them, 
improper to be said to this House without shewing a 
proper Eesentment, as particularly the attributing 
their Properties to have their Rise and Support from 
us, which Attribute is only justly due to his Majesty, 
our only Supreme Lord, George the Second, (whom 
God long preserve, and keep free from all rebellions, 


dangerous Riots, and tumultuous Assemblies, all which 
threaten the Subversion of our Happy Constitution, 
and may render us an easy Prey to our Enemies) and 
all that we can do is, to enquire into and present the 
Grievances of the People w^e represent, (when any 
such really appear before us) and sue for Redress. 

Upon the Whole. Mr. Speaker, by all that has been 
said, 1 tliink it plainly appears, that the Petitioners 
have sate themselves down, and taken Possession of 
several Tracts of Land, without any real Right and 
Title to the same; and have occupy VI and taken the 
Profits of them so long to themselves, without making 
any Satisfaction to the true (3wners and Proprietors 
thereof, that they now begin to think in good earnest, 
that they have the best Right to those Lands, and 
that the true and bona fide landlord is a Cheat I and an 
Impostor! And wlien he comes to seek for his own, 
he is branded as an Invader of their Liberties and 
Properties truly, and charged with unjust Molestation 
and virulent Oppression: These are Regular and Sure 
Steps indeed to acquire Estates! I must own, Sir, I 
have been very long and tedious in this Affair, but as 
there has been a great Misunderstanding and wide 
Difference subsisting between the Proprietors of East 
New-Jersey, and some Sort of People, I could not be 
silent, and suffer such gross Absurdities, and manifest 
Untruths to be imposed upon the Honourable the 
Representatives of the Colony of New Jersey, without 
endeavouring in the fullest and most open Manner, to 
set every Circumstance in a clear Light, supported by 
the Records and Matters of Fact; and I think the Peti- 
tioners have offer'd neither in Support of their Pre- 
tences. Wherefore, and for that this House is no 
Court of Justice to examine into Titles to Lands, or 
any Property in Question betw^een his Majesty's Sub- 
jects, (tho' we have Right to enquire into the Mai- 
Administration of Courts of Justice, if any such were 
complained of, but no such Thing appears here) I say, 


for these Reasons, I humbly move, that these Petitions 
may be rejected. 

Yet nevertheless, Mr. Speaker, to shew that I am 
entirely free from Resentment, and in Compassion to 
a great Number of .poor People, who may have been 
seduced into the late Riots thro' their Ignorance, and 
for restoring the Peace of the Colony, I further move, 
that this Honourable House would be pleased to apply 
to his Excellency the Governor (either by a short Ad- 
dress or Message as they shall think proper) to extend 
his Majesty's Mercy to those People by a general Par- 
don, under such Restrictions and upon such Conditions 
as to his Excellency shall deem proper, 

[N. B. The great Number of &c's in these two Peti- 
tions are not owing to any Omissions of the Words of 
the Petitions, but to a Peculiarity in the Stile of the 
Drawer: The like may be seen, in the Paper printed 
in the Post-Boy of February ITth, referred to in the 
last Petition, where there are 21 &c's; but these two 
Petitions are still more plentifully graced with them, 
as their Number amounts to 38.] 

Petition to the House of Representatives by certain 
of the Rioters. 

[From Papers of F. J. Paris in New Jersey Historical Society Library, Vol. P., and 
from P. R. O. B. T., New Jersey. Vol. 5, F. 86, Enclosure.] 

To the Honourable House of Representatives 
of the Colonie of New Jersey convened in 
General Assembly April 24*^ Anno Dom : 

May it please your Honnours 

Whereas it is set forth by the Council of Proprietors 
So called in their printed Memorial of March 2.5"' 1746, 
That their Basis or foundation Respecting their Titles 


to the Lands Scituate in New Jersey Stands firm and 
strong, And that their properties Rents, and Fran- 
chises were Secured and Estabhshed to them by Con 
cessions of the Crown upon, their Surrendering the 
Government &c: And if the fundamental Rule (as 
they term it CaUing it an Act of 1GS3 touching Indian 
purchases, Stands good as an Established Law and 
Act of this Province Rendring all those Criminal who 
have not acted in Concert therewith, who sees not the 
Advantage accruing to said Proprietors Even above 
any or all others in and by the dessign on foot viz^ of 
Sending home to England, whence it must necessarily 
follow that their regretting a matter of So great Con- 
cern as for the Peace and Tranquility of the Country 
which they allow themselves have much at heart, and 
which (according to their Induction Set forth in their 
print aforesaid) must needs be Detrimental to the pur- 
chasers as tending to the Subversion of their Interest 
and propertie in the Lands purchased by them and 
rendering their Application home of no Validity) can- 
not but be deemed (in men of Such Carecter and De- 
stinction as many of them bear and Carry) a thing 
rare and Strange if not without any precedent. But 
all this notwithstanding, we your Petitioners having 
humbly offered our Address to the Legislative Powers. 
Do 3^et beg Leave further to Add That meeting with 
Something Like an Offer in Mr. Ogden's Letter N° 4 
in the print aforesaid, wherein is Set forth a Message 
Sent to Some of the Committee (by an Unfaithful Mes- 
senger Surely, or they must have heard Something of 
it before) Proposing a Tryal at Law in this Province 
with them in order to carry the matters in dispute to 
England by an Appeal &c: And that he would Com- 
mence An Action for that purpose against Such person 
as they Should name &c: the which being So Agree- 
able with and unto what we have had a dessign for & 
desire unto, as hath been declared by our repeated 


Offers, made them to that end and purpose. We shall 
gladly Embrace the Opportunity to Joyn in Issue ac- 
cording to the aforesaid proposall for a Tryal in a 
Court of Law and do accordingly desire the Action 
may be commenced and brought against Francis Speire 
of horsneck so called Provided in the meantime That 
all Writts & processes against us may Cease and we 
with All We have by Delegation Concern in and for 
may be Secure in holding their and our Rights and 
Possessions Untill the Matters in Controversy shall 
have a full & finall Determination, at home. Unless it 
Shall please Either partie to give up. or come to Some 
Composition otherways by Concessions. And may our 
several Remonstrances & Petitions have their due 
weight in your wise Administrations and Consulta^ 
tions to the end we may obtain our Rights and Privi- 
ledges Unitedly & Repeatedly desired & requested) 
confirmed by our Legislative Powers and your Peti- 
tioners as in Duty bound Shall allways Pray. 

Nathaxel Wheeler 
Sam" Harrison 
Jonathan Person 
John Condict 
NathaneI; Camp 
Samuel Bald^vin 
Michel Cooke 

P. S: It is desired that the Proprietors so Called Con- 
cerned in the premisses Shall come under obligation 
agreeable to said Proposals and Provisos in order to 
try the Action above mentioned. 


List of Rioters in Essex County 1746. 

[From Papers of James Alexander in Rutherfurd Collection. Vol. 1. 1 

List of Rioters in Essex County Returned upon 
a Record of View (on a Second Riot) filed 
in the Supreani Court in May term 1746: 

Amos Roberts 
Daniel Crane Jun!' 
Caleb Ward 
John Brown JunF 
Samuel Ogden 
Samuel Parkins 
John Dod 

Theophilus Burwell 
Timothy Miaker 
Elisha Lyndsley 
Benjamin Perry 
Josiah Lindsley 
Nathaniel Ball 
Nathan Baldwin 
Ely Kent 

Johathan Davis Jun.' 
Paul Day 
Zebedee Brown 
John Garner 
Thomas Day Jun.' 
Ephriam Cornfield 
Abell Ward 

Azariah Craine 
Caleb Bawldwin 
John Harrison 
Morris Brown 
Thomas Lamson 
Jotham C'Ondict 
Daniel Taylor Jun! 
Timothy BaU 
Bethune Pierson 
Aaron Ball 
Livines Vincent 
John Wells 
John Baker 
Amos Bawldwin 
Thomas Day 
Isaac Vangiesin 
Joseph Wilhams 
David Bawldwin 
Ebenezar Lindsley 
Amos Day 
Esekill Ball 
Amos Hari'ison 

N B the Circumstances ot tlie above Riots | and of 
those in 1 745 and 1 747] were the gathering together of 
great Numbers of people Armed: Assaulting and 
wounding Sheriffs and other Officers: Breaking open 
County Goals :iand Rescuing and Releasing prisoners, 
Legally Committed. 


Commission to Robert H. Morris, Lewis Johnston 
and Elisha Parker — to run the line hetween East 
and West Jersey. 

I From ( 'opy among Papers of Ferd. John Paris in New Jersey Historical Society 
Ijbrary, BumUe (i. No. r^O.l 

George The Second by the grace of Clod of Great 
Britain France & Ireland King Defender of The Faith 
to all whom These presents shall come Greeting 
Whereas by an Act of The Governor Council and As- 
sembly of New Jersey Passed in the fifth Year of the 
Reign of Our late Royal Father King George The 
First Entitled an Act for Running and Assertaining 
The Line of Partition or Division between The Eastern 
and Western Divisions of The Province of New Jersey 
and for preventing disputes for The future concerning 
The same and for Securing to the General Proprietors 
of The Soil of each of The Divisions and Persons 
Claihiing under Them their Several and Respective Pos- 
sessions Rights and Just Claims John Hamilton, David 
Lyell, George Willocks, and John Hari-ison Esq""^ were 
by the Said Act appointed to be Commissioners or 
Managers for the Eastern Divisions of New Jersey 
with The powers Mentioned in The said Act And. 
Whereas by the said act it is Provided that in case 
any of the Commissioners or managers aforesaid 
Should Die Then and in That Case The Governor for 
The time being was Thereby Im powered to appoint 
one in The Place of The Person So dying who b}^ the 
said Act is declared to be vested with the same powers 
and subjected to the same Directions as in The said 
Act is sett down to the Managers Therein Named. 

And Whereas The said David Lyell, George Willocks 
and John Harrison are since Dead Noav Know Ye That 
Jolin Hamilton Esq'- President of our Council and Com- 


mander in Cheif of our Province of New Jersey who 
l)y our Commission and Instructions to his Excellency 
Lewis Morris Esq' late Governor of our Province of 
New Jersey for the time being hath pursuant to the 
said Act appointed Robert Hunter Morris Esq." Lewis 
Johnston and Ehsha Parker Gen? to be Commissioners 
and Managers for the Eastern Division of New Jersey 
in The place of The said David Lyell, George Willocks 
and John Harrrison to use and Exercise all the powers 
Vested in the said David Lyell, George Willocks and 
John Harrison by the said Act and the said Robert 
Hunter Morris Lewis Johnston and Elisha Parker here- 
by accordingly appointed, In Testiinony whereof we 
have caused These oar letters to be made Patent and 
The Great Seal of our Province of New Jersey to be 
hereunto Affixed Witness our trusty and well beloved 
John Hamilton Esq' President of our Councill and 
Commander in Cheif of our Province of New Jersey 
by and with The advice of The Council The Eleventh 

day of May in the Twentieth Year of onr Reign 

Read By his honours Command Recorded and Ex- 
amined by Thomas Bartow Sect" 

Letter from tlie East Jersey Proprietors to a Commit- 
tee of tlie Subscribers to a Proposal sent to tlte 

[From Papers of Ferd. J. Paris in the New Jersey Historical Soeiet.v Library. Vo 
\\ No. s. nivl from P. R. O. B. T. New Jersey Vol 5. 

Perthainboy June oO*'' 1746. 

The Council of Proprietors of the Eastern Division 
of New Jersey, having this day had a Special meeting 
to Consider Certain proposals Signed by you as a Com- 
mittee for the Subscribers to a Petition of many per- 
sons said to be Chiefly Inhabiting the Northern part 


of this Province which on the 28'.'' of April Last were 
hy a message from the General assembly Sent up to 
the Late Governour of this Province, have Ordered 
me to Acquaint you concerning the said Proposals 
That as the Lands at Horseneck were Set out, Sur- 
veyed Patented & Legally Divided to particular pro- 
prietors as part of their Share above forty years agoe. 
They the Council of Proprietors have no Concern in 
any particular Controversie concerning those Lands 
unless that Controversie do Equally affect all the othei: 
Lands of the General Proprietors, But as the pretence 
by you now Started that a Title by an Indian Deed is 
good against the Title of the General Proprietors which 
was first vested in Sir George Carteret the first Pro- 
prietor of East New Jersey; The Council of Propri- 
etors conceive that this pretence equall)^ affects the 
title of the General Proprietors assignees of S-' George 
Carteret to the other Lands of East New Jersey under 
which all the Freeholders thereof claim & by virtue of 
which East New Jersey has been possest from its first 
Setlement now^ upwards of Eighty years, untill you 
& tliose you claim to represent have Lately Started 
the said pretence And therefore the Council of Pi'opri- 
tors think as this pretence Affects all their titles that 
it is incumbent on them to be at the charge of the 
Deffence against it untill it has received a Legal Deter- 

The Council of Proprietors, by their Publication of 
March 2;")*.'' Last (which was first published by itself & 
afterwards in all the three New York News Papers in 
April last) thought they had given you and all reason- 
able men full satisfaction that the said ])retence is 
vain Idle and groundless. But by the said Petitions & 
yoiu- said Proposals it seems it has not proved Satis- 
factory to you, and that you Still pretend your aim is 
& was to have a Legal determination of your claim by 
the head & Fountain of Justice, if this was really So 


it Seemeth very unaccountable that you Slighted So 
many opportunities as are Setforth in the said Publi- 
cation of bringing your claim to that Test, The Coun- 
cil of Proprietors being well assured that no Less than 
fifteen Actions of Ejectment were brought at Sundry 
times by Mess" Alexander and Morris ag* the Tenants 
of the Lands at Horseneck, one of which was against 
ffrancis Speire which you name, and every or any of 
which Actions you might have Defended, and brought 
them or any of them by Appeal before the King & 
Council if you So had thought proper, but you Em- 
braced none of those 15 opportunities on the contrary 
you sufferred Judgment to go in every of them by 
default, you neglected the Advice of Mr Ogden, to file 
your bill in Equity for Stay of proceedings, on those 
Judgments, you neglected applying directly to his 
Majesty as you said your dessign w^as, & you slighted 
M' Ogdens Offer of Lending you Sufficient money for 
that purpose, and you neglected all other the fair offers, 
made to you as by the said Publication at Large ap- 
pears However Seeing by your said Proposals you now 
offer to accept of M' Ogdens last proposition of a Tryal 
at Law in this Province in order to carry the matters 
in dispute to England by an Appeal &? & Declare that 
you shall gladly Embrace the opportunity to Join 
Issue, and you desire the Action may be commenced 
and brought against ffrancis Speire of horseneck, and 
tho M': Ogden has no concern or interest in that Affair 
now & many other reasons are obvious why offers 
then made are by your Conduct since & that of those 
you Claim to represent become no way now Obligatory 
yet I am ordered by the Council of Proprietors to ac- 
quaint you That as the Lands for which you propose 
an Ejectment to be brought are part of what have 
been Surveyed & Patented to particular proprietors 
above forty years agoe as mentioned before, and the 
Dec-laration upon which Judgment is already given for 


the Lands in the possession of Francis Spier was Said 
to be on the Demise of the Assignees oi- (xvantees of 
the Said particular proprietors to whom the said 
Lands were so Surveyed and pattented, The Council of 
Proprietors think it would not be so proper to direct 
the bringing of any Ejectment on the Demise of the said 
particular proprietors or their assigns But in order that 
you may try the strength of your Claim by Indian pur- 
chase against the Title of the General Proprietors they 
propose if you approve thereof to bring another Action 
of Ejectment on the Title of the General Proprietors 
for the Lands in the possession of ffrancis Speire and 
as this is no way dessigned as a Compulsary Suit but 
as one requested b}' you, to be brought for the purpose 
before they do not send the Declaration to be served 
on ffrancis Speire but to you who made the request 
that you may Enter ffrancis Speire or any other per- 
son you please Defendant and you have herewith a 
Declaration for that purpose which is made on the 
demise of Sir George Carteret the first Proprief of 
East New Jersey, & which also save the great Length 
& Expence of Setting forth in the Special Verdict & 
other proceedings necessary many mean Conveyances 
under him to the present Proprietors, of which you 
may See some hundreds pointed to on record by the 
bill filed with Mv Bartow Shown to M!" Low & M': Con- 
diet as by the said Publication is mentioned. 

I am also Ordered to Acquaint you that on the first 
day of the next Supreain Court at Perth amboy which 
is the Second tuesday of August next Elisha Parker 
Attorney for the Proprietors in the said Action will be 
ready to Enter into & Sign the General Rule for join- 
ing Issue in the said Action upon your Attorneys mak- 
ing a Defendant, & also Entering into & Signing the 
General Rule. 

I am also Ordered to Acquaint you that their said 
Attorney will be ready to give Security by persons of 


good Estates in this Province to snch persons as yon 
shall name by bond in Two thousand pounds or any 
greater Sum to prosecute the said Suit to Effect it to 
pay the Costs in case the Plaintiff in this first Action 
shall be cast, discontinue or withdraw the Action. & 
to prosecute Appeals here and to England to Effect in 
case the Plaintiff" in this first Action is Cast & to pay 
the costs on the Appeals in case the Same Plaintiff be 
thereon Cast, upon your giving like Security to persons 
b}^ the Proprietors Attorney to be named to pay the 
Costs in Case the Deftendant in this first Action be 
cast. & to prosecute Appeals here & to England to 
Effect in Case the same Defend^ be cast <k to pay the 
cost on the Appeals in C*ase the same Defend' be there- 
on Cast. — I am Ordered also to acquaint you that for 
the greater dispatch the said Attorney of the Proprie- 
tors will have their part of a S]jecial Verdict ready 
drawn by the said Second Tuesday of August when its 
desired that the Defendant's Attorney have the part 
of the Defendant ready drawai that they may be re- 
duced into one Special Verdict, which Shall Conclude 
on Such particular Single points on the Titles of the 
Plaintiff or Defend'* as will bring or Leave the true & 
real Merritts of all the material points in Controversie 
between the (leneral Propi-ietors and you to be finally 
Determined by his Majesty in Council without regard- 
ing any material Circumstances or want of proper 
form that do not imuiediately relate to the principal 
points in dis])ute which Special Verdict being agreed 
on & Signed by the Attorneys of both sides may be 
found by Consent by a Jury of the people happening 
to be at Court or other ways as may be agreed on by 
the sf Attorneys for the Speedyer dispatch. And 
as the Council of Proprietors as well as you are re- 
solved to have the Affair carried home in order to be 
finally Determined by His Majesty in Council which 
way soever the Judgments are given by the Supream 


Court & by the Commander in Chief & Council of this 
Province, and as you seem wiUing & desirous to have 
the final Determination thereof By his Majesty & 
Council as Speedily as possible — The Council of Pro- 
prietors desire me in their behalf to propose to you, 
that the matter be argued in the Term of August next 
in the Supream Court & that Judgment l)e then prayd 
for & whatever way Judgment goes that a Writt of 
Error be imediately procured to the Commander in 
Chief & Council upon which both sides shall appear 
with all Speed Gratis & argue the matter there, and 
that Judgment be then prayed for. and whatever way 
Judgment goes there that an Appeal be made to the 
King & Council pursuant to his Majesty's Royal In- 
structions to be prosecuted with all dispatch on both 
sides, and its hoped that that Appeal may be sent 
home by the first Ships, and if prosecuted with Effect 
its hoped that it may in a few months be Determined 
by the King & Council to prosecute which with Effect 
nothing shall be wanting on their parts — 

I am also Ordered by the Council of Proprietors to 
Acquaint you that they have no coerceive power over 
the particular proprietors or Owners of the 13,500 acres 
at horseneck, or of any other Lands particularly Laid 
out Surveyed or patented, whereby to prevent Stop or 
hinder them from Issuing any Writts or Processess or 
commencing any Actions relating to Such Lands — and 
therefore it would be Unreasonable to Expect or desire 
that the Council of Proprietors Should Enter into any 
Engagement Agreement or promise on that head — 
However I am Ordered to acquaint you by Mess'* Alex- 
ander & Morris the present Owners of the said 13,500 
Acres at horseneck that they Shall be ready at Perth 
araboy on the said Second Tuesday of August next to 
give Bond with Sufficient Security in Sums propor- 
tionable to the value of the particular Plantations that 
in case a Special Verdict Shall be agreed upon and 


found in the said Action of Ejectment on the deinis(> 
of Sir George Carteret against the Said Francis Speire 
or any other person by yon named & Judgment l)e 
given in the Supream Court & a Writt of Error be 
brought before the Commander In Chief & Council of 
this Province, and after Judgment given there An Ap- 
peal be brought thereon Before his Majesty in Council 
in Great Britain pursuant to the ])roposals hereby 
made to you by the Council of Proprietors, that they 
said Mess'-^ Alexander & Morris will not prosecute the 
Executions of their said fifteen Judgments, for the 
term of three years or untill the Said Appeal be Deter- 
mined by his Majesty & Council whichsoever Shall 
first happen, which Determination they conceive may 
Easily be had in much Less time than three years if 
you Shall do your Endeavours to have it so. but if 
three years is conceived too Short a time they have no 
objection to any Longer reasonable time Provided that 
you or the possessors of the Lands recovered by the 
said fifteen Judgments do on the said Second tuesday 
in August give them Bonds with Sufficient Securitys 
in sums proportionable to the value of the particular 
plantations that they will not during the said Stay of 
Execution Comitt Waste on the respective Lands they 
are possest of. they mean by Waste that they Shall 
Cutt no Timber for Sale & only so much Timber as 
Shall be necessary for tlie Use of tlie Plantations re- 
spectiv^ely. And after the said term of years or Detei'- 
mination of the said Appeal, if the Defend' Francis 
Speire or other person by you named be therein Cast 
pay the said Alexander & Morris the Damages they 
have suffered or Shall Suffer by detaining from them 
the possession of the said Lands & by Waste thereon 
committed if any be which Damages are to be Asscer- 
tained by Agreement or Arbitration or by Tryals by 
Jurys in proper Actions to be brought for them, to 
which Actions the Obligors are to bind themselves that 


the Defendents Shall Enter Appearances and Consent 
that the Tryals be had by Juries of the Western Divi- 
sion of New Jersey. 

I am also Ordered to Acquaint you that as to the 
Remainder of the Tenants of the said 13,500 acres the 
said Alexander & Morris will then be ready to give 
them Bonds with Sufficient Security that during the 
S!' time or the Dependence of the said suit as aforesaid 
they will prosecute no writts or processes against them 
Provided that you or those other Tenants do then give 
them Bonds with Sufficient Security to Committ no 
waste, & to pay them their damages as aforesaid, 

lam also Ordered by the Council. of Proprietors to 
Acquaint you that they doubt not upon any of the 
Petitioners Application to any other particular Pro- 
prietor to whom the Lands they are possest of have 
been Legally set out & Divided. & giving Bond with 
Security as aforesaid, Such particular propriet'^ will in 
like manner give Bond to Stay Writts and processes 
against the persons So giving Security during the time 

I am also Ordered to Acquaint you that its the full 
intention of the Council of Proprietors to Comply with 
every thing in their power thats reasonable in your 
Said Proposals & if this does any way fall Short of 
that, its with no Design to do so, and if you or your 
Attorney Shall point it out, or any thing unreasonable 
or Deficient in this Proposal or that any of the times 
here proposed are too short, it shall readily be reme- 
dyed and Sui)plyd by their Attorney. 

I am also Ordered to Acquaint you that to prevent 
mistakes or misrepresentations. The Council of Pro- 
prietors desire that all Transactions between your & 
their Attorneys & persons appearing to give Security 
muttually be reduced to writing and that nothing Shall 
be pretended by either Side to have been said done or 
transacted but what is so reduced to writting & copy 
of it Signed Witnessed & Delivered to the other side 

_.._ J 


before the parties do depart, & its proposed the parties 
Shall not depart till all Copies of that kind whereof 
Notice is to be given them be delivered. 

I am Your humble Serv* 

Laur Smyth Clerk 
To Nathaniel Wheeler 

SamJ Harrison 

Jonathan Person 

John Cunditt 

Nathanel Camp 

Samuel Baldwin 

Michel Cooke 

[Oath of Elisha Parker followed testifying to his 
having served copies of this communication upon the 
parties interested IT"' July 174«>.] 

Order lit Council upon the Petition of Richard Fart- 
ridge, Agent for New Jersey, requesting that the 
King sJioufd autJiorize the Governor, to gire //is 
consent to a Bill j)rovidiug for the emission of 
£40, ()()(» in Bills of Credit. 

[From r. R. O. B. T.. Xew Jersey, Vol. V, F 7'J.J 

At the Council Chamber Whitehall the 7^1' of 
August 174(1 


The Lords of His Majestys most Honourable 
Privy Council 

Upon reading this day at the Board the Inmible 
Petition of Richard Partridge Agent for tlie Colony of 
New Jersey in Aaiedca Setting forth amongst other 
things that the said Colony is greatly distressed for 
want of a further Supply of Bills of Credit which the 
late Governor Morris by the Royal Instructions was 
prohibited from Emitting without the Royal Licence, 


That now in time of War the said Colony is destitute 
of a sufficient Supply of Arms Ammunition &c? for 
their Defence against the Common Enemy and cannot 
readily raise the Money for purchasing the same with- 
out a furtlier Emission of Paper Currency as well as 
for. the payment of divers other Publick Emergencies 
for support of the said Government, That it would be 
greatly foi" the Service of His Majesty as also of the 
said Province if leave were granted to the Governor to 
give his Assent to the passing a Bill for the Emitting 
the Sum of Forty thousand pounds in Publick Bills of 
Credit on Condition that the Value of the Bills to be 
Emitted be agreeable to An Act of Parliament made in 
the Sixth Year of the Reign of the late Queen Anne for 
ascertaining the Rates of Foreign Coins in her Majes- 
ty s Plantations in America The Petitioner therefore 
prays that his Majesty would be graciously pleased to 
grant an Order of leave to the said Governor or Com- 
mander in Chief for the time being to give his Assent 
to the passing An Act for Emitting the said Sum of 
Forty thousand pounds in Paper Bills of Credit — It is 
Ordered in Council that the said Petition (a Copy 
whereof is hereunto annexed) Be and it is hereby re- 
ferred to the Lords Commissioners for Trade and 
Plantations to consider the same and Report their 
Opinion thereupon to His Majesty at this Board. — 

W. Sharpe. 

To George the Second King of Great Brit- 
ain &c^. in Council. 

The Humble Petition of Eichard Partridge 

Agent for the Colony of New Jersey in 



That the said Colony of New Jersey contains a con- 
siderable Body of People who depend very much on 
TradS and Commerce and are industriously engaged in 


clearing their Lands of the Woods and in making and 
Setthng New Plantations, have consequently an abso- 
lute occasion for a Medium of Trade to carry on their 
Affairs without which they cannot comfortably sub- 
sist, and but very little Silver is passing amongst them 
which in those American Plantations is constantly 
bought up as Merchandize and Shipt home to Great 
Britain in Returns for goods and British Manufactures 
imported there and therefore Their Legislature have 
formerly issued certain Quantity s of Paper Bills of 
Credit to Answer the end of Money to be called in and 
Destroyed at certain limited Periods of time on a very 
good and sufficient Fund as a Security for it— 

That now the said Periods of Time are almost all ex- 
pired and the rest near expiring as fixed by the said 
last Act for that purpose passed the 16'.'' August 1733 
for Sixteen Years. 

That the said Colony is greatly distressed for want 
of a further Supply of Bills of Credit which the late 
Governor Morris by the Royal Instructions was pro- 
hibited from suffering to be Emitted without the Royal 

That now in time of War the said Colony are desti- 
tute of a sufficient Supply of Arms Ammunition &,c^ 
for their Defence against the Common Enemy and 
cannot readily raise the Money for purchasing the 
same without a further Emission of Paper Currency 
as well as for the payment of diverse other Publick 
Emergencies for Support of the said Government and 
more particularly for the raising of Men now required 
on the present intended Expedition in America. 

That in asmuch as the King has been pleased to 
appoint Jonathan Belcher Esq- Governor of the said 
Province in the room of Lewis Morris Esq- deceased 
and his Commission and Instructions for the Govern- 
ment (are as the Petitioner is informed) now making 
out, it would be greatly to the Service of the King as 


also to the said Province if an Instruction of leaA^e 
were added to the said Governor Belchers Instructions 
That he might for the present Emergency's of the said 
Province give his Assent to the passing a Bill for the 
Sum of Forty thousand pounds in Publick Bills of 
Credit, on Condition that the Value of the Bills to be 
Emitted be agreable to an Act of Parliament made in 
the Sixth Year of the Reign of the late Queen Anne 
for ascertaining the Rates of Foreign Coins in Her Maj- 
estys Plantations in America and for preventing any 
after loss or Discount on the Bills issued by such An 
Act, it is proposed 

That the Treasurer of the said Province for the time 
being shall be obliged to give Gold or Silver in Exchange 
for the said Bills agreable to the Rates expressed in 
them, and for the want of Silver or Gold in the Treas- 
ury, the Treasurer to pay to the possessors of the said 
Bills such difference as may have happened in the 
Price of Silver or Gold from the time of passing of the 
said Act to such time or times as any of the Possessors 
of the said Bills shall please to demand the same or 
otherwise that the said Governor do give his Assent 
for passing a Bill for Emitting the said Sum of Forty 
Thousand Pounds in Bills of Credit to some other Bill 
of the like Kind or import if he shall j udge it neces- 
sary for the Publick Service. 

That the Royal Licence hath been lately obtained for 
the Kings Governors of the Provinces of the Massa- 
chusetts Bay and New Hampshire for Emitting largo 
Sums in Paper Bills of Credit without their making- 
such substantial Provisions for ascertaining the value 
of their Bills to be emitted as is proposed to be done by 
this Act. 

That the Petitionei' would humbly hope for the 
Royal Favour herein the rather for that the said Col- 
ony have actually generously raised and granted a 
Supply of Provisions lately to the Value of Two thou- 


sand Pounds for Cape Breton and which has been ar- 
rived there towards the Support of tlie Garrison on 
that Island without ever making any Demand for re- 
payment of the same. 

For these reasons therefore the Petitioner in behalf 
of the said Colony most humbly prays that the King 
would be graciously pleased to grant an Order of leave 
to his said Clovernoi' or to the Commander in Chief for 
the tiuie being for giving his Assent to the passing An 
Act for Emitting the said Sum of Forty Thcuisand 
pounds in Paper Bills of Credit as aforesaid 
All which is humblv submitted 

Notice of Natlianid Wheeler and others to the Pro- 
prietors of East Jersey — stating tlieir uritliugness 
to appear in Court, etc., to test their rights. 

I From Copy in Alexander Papers, Vol. I, No. '?>. ami fron; P. R. ( ). C. T. New Jersey 

Volume V. 1 

New York August 11"^ 

We find in what is Set foitli by order of the Coun- 
cil of Proprietors So Called of June :>(>"' Last Past, 
That theay purpose to Stand in .Defence of their Right 
to the Lauds in Controversie as Assigns of S'' (leorge 
Carteret Against what theay Please to Call a Vain Idle 
and riroundless Pretence of Title by an Indian Deed 
&c Theay Say theay Considered the Proposals signed 
by us as a Committee &c the Purpoi't of which v^as 
our Complyance with that Perticular (3ffer a proposal 
said to have been Sent Us by M' Ogden, Namely this, 
To have a Tryal att Law in this Province in Oixler to 
Carry the Matters in Dispute to England by an Appeal 


from a Court of Law, This we Cloased with in Consid- 
eration all processes Might Ceas Untill the Matter 
Might be Accomodated, and whereas it is Pretended 
we Slighted offers and oppertunities of and for having 
a Legal Determination of our Cause by the head and 
fountain of Justice and bringing our Claims to that 
Test & as it is Set forth in the Publication of March 
25"' And in this Last, Thrown at us, Where Menshon 
is Made of 15 Actions of Ejectm' and Appeal from 
them or Any of them, Did we Not Repeatedly offer if 
Theay Would take 1: 2 or 3 Act' &c we would Gladly 
have the Oppertunity of Answering in the Paw, in 
Case Appeal Might be had if Ocation offer'd, the which 
was Rejected by our Opponants We are Not Concerned 
to Dispute, the Title of the Assigns of S- George Car- 
teret Unto all the Lands of or in East New Jersey So 
Called, Nor Any other in the Province Saving Such, 
as we have Concern in, and for. Not Knowing what 
Purchases theay or Some of them May have Made of 
Lands in Other Places. But we Suppose the Dispute 
Depending is whether the Natives or Indians had a 
Legal Right or Not. This is one Thing we Eye as a 
foundation which if overthrown The Super Structer 
Canot Stand Agreeable to that old Unalterable Posi- 
tion, Nil dat quod noti habet, But as we are no Law- 
yers and Consequently under Greatest Disadvantages 
In our Own Persons to Meet our Learned Opponents 
in a Court of Law, accoi'ding to the Rules and Meath- 
ords there prescribed and Prosecuted, And as we hear 
and Believe, having Sent two of Our Number forth in 
quest of an Attorney to Ingage and Act for Us in 
Concert with their Last Publication, if it Might 
Thought proper, without Success, all the several At- 
torneys or Practitioners in the Law of Note both in 
this and the two Neighbouring Provinces are Ingaged 
by Interest or fee, on our Opponants Side, which has 
Rendred the process, })roposed on Such a Suddain, on 


our Side Impracticable, However in Nothing Receed- 
ing from what we have offered and complyed with, or 
what our Opponents liave Pubhshed, Consonant there- 
unto We Resolve, God Willing to make Ready against 
the next Term, if they will Please to Release An At- 
torney, tliere Being one by fee Ingaged who if Set at 
Liberty we trust would Undertake on our Side and 
Part, or if Any Such be to be had, otheivvays we shall 
Comitt our Cause to Such as we can find to Speak 
thereunto, In answer to our opponents if it may be 
Permitted, I"' Mean time as we Regrett the work 
Mentioned, By Cuting of Timber &c as Much as them- 
selves. So we shall Endeavour to Stop all Such Pro- 
ceedings, And Rest their Humble Sert* 
Transcribed by Order of tlie Committee &c 
Sam^ Harrison Nath'- Wheeler 

Nath^ Camp Jonathan Peirson 

MiKEL Cook John Condit 

Michael Vreeland Sam?- Baldwin 

John Low. 

Minutes of the Comicit of New Jersey, June -ith, IStli, 
and VJtJi, 174(i. 

[From Papers of F. J. Paris in Historical Society Library. Vol. P, No. 15.) 

At a Council held at Perth Amboy in the Prov- 
ince of New Jersey the 4th Day of June, 


The Hon'^''^ John Hamilton Esq'" President 
James Alexander j Edward Antill | ,.^ 
Robert Hunter Morris j James Hude \ ' ^ 

The President Informed the Board of the Death of 
his Late Excellency Lewis Morris Es(i' Late Governor 


of this Province' and that he had the Seals, the In- 
structions and othei' Papers Relating to the Pubhc 
Affairs of this Province. 

Then the President Took the Oaths appointed by 
Law the Oath for well i\: truely Executeing the 
Office of President of His Majesty's Council & Com- 
mander in Chief of this Province, the Oath for the due 
Observation of the Laws of Trade & Plantations And 
also the Oath for duely Executing the Office of Chan- 
cellor & Keeper of the Great Seal of this Province. 

It is the Opinion and Advice of this Board that the 
President do Issue a Proclamation for Continueing all 
Officers Civil and Militaiy in the Exercise of their Re- 
spective Offices and Places till further Orders. Ordered 
that the Clerk Prepare a Proclamation accordingly 

The President Communicated to the Board a Letter 
from the Duke of New Castle His Majesty's Principal 
Secretary of State to his Late Excellency bearing date 
at Whitehall April 9th, 1746, Signifying his Majesty's 
Pleasure that this Colony should Raise a Number of 
Men to be Employed in His Majesty's Service in 
America. Also a Letter from His Excellency Grovern- 
our Shirley to his S!^ Late Excellency bearing date at 
Boston, May 27th, 174() and also a Letter to the Presi- 
dent from His Excellency Governour Chnton bearing- 
Date at New York May ?)lst, 174(>. u])on the Subject of 
the intended Expedition 

Upon w^hich the President desh-ed the Advice of this 
Board. The Board takeing the Same into Considera- 
tion are Unanimously of Oinnion that it wiU be neces- 
sary the President should Meet the General Assembly 
as soon as Possible, and as the President is unable to 
Travel from Home, the Board Advises that the Gen- 

1 Governor Morris died 5Iay :Jlst, 1746, at Trenton, after an illness of some weeks. 
His remains left Trenton on the :i6th on their way to Morrisania, N. Y., where they 
were deposited in the family vault. The pall-bearers were Andrew Johnston. 
James Hude, Peter Kemble, Thomas Leonard, Philip French, Daniel L'oxe, Philip 
Kearney and Charles Read. The funeral services were performed on the 27th.— Ed. 


eml Assembly now Sitting at Trenton be Prorogued to 
Wednesday next then to Meet at this Place And that 
JLxpresses be Sent to the Members to Require their At- 
tendance accordingly, and His Honour was Pleased 
to Issue a Prorogation for that Purpose 

And the Board do farther Advise that his Honour 
the President Issue a Proclamation for Laying an Em- 
bargo on all Vessels in this Province for the Space of 
one Month unless his Order in Council shall be first 
Obtained for the Sailing of any Vessel 

Ordered that a Proclamation be Prepared accord- 
ingly. * vf -Jv - 

At a Council held at Perth Amboy June 18*^ 

The Hon'^'.^ John Hamilton Esq!' President 
John Reading j Richard Smith 
James Alexander }- Rc)bert Hunter Morris 
John Rodman J James Hude 

The President Communicated a Letter to the Coun- 
cil from (lovl- Clinton dated June K]'!' Ins^ Informing 
him with his Intention of Going to Albany in Order to 
Engage the Six Nations of Indians to take Part in the 
present Expedition agreeable to His Majestvs Orders to 
him for that Purpose & Desiring the President to En- 
deavour to Send all the fighting Indians to Albanv to 
Join the Six Nations on this Occasion, On which he 
Desired the Advice of this Board. 

The Board Unanimously Advised his Honour to Lay 
before the House of Assembly such Parts of Governor 
CHnton's Letter as Related to the Engageing the In- 
dians to Take Part in this Expedition. 


[Under date of Aug. 30th President Hamilton laid 
before the Board a letter from Gov. Clinton, inform- 
ing him that the Six Nations of Indians, had declared 
war against the French, and had engaged to send all 
their fighting men on the contemplated expedition 
against Canada. ] 

At a Council held at Perth Amboy June 19th, 


The Hon^.^*^ John Hamilton Esq[ President. 

John Reading } Richard Smith | 

James Alexander I Robert H Morris JEsq-"^ 
John Rodman j James Hude | 

His Honour the President Laid before this Board a 
Message he Receiv'd from the Assembly in the follow- 
ing Words.— 

Ordered that Mv Cooper & M' Fisher do Wait on his 
Honour and Acquaint him that the House has Gott 
the Business in a good forwardness which was Recom- 
mended in his Speech and as he was Pleased to Inti- 
mate that he would Inform the House by Messages of 
any other Affairs he had to Recommend to them, 
they now desire his Honour will be Pleased to Recom 
mend what other Business he thinks necessary to be 
done at this Time that the House may Proceed therein 
as They shall have Leisure. Their private affairs Re- 
quiring that They should make tlie utmost Despatch. 

Upon which he was Pleased to Ask the Oi^mion and 
Advice of the Board which was proper to be done, And 
the Board taking into their Consideration the many 
Things necessary to be done at this Time m order to Pre 
pare for the intended Expedition against Canada and 


the Dangerous Consequences that might Attend any the 
Least Delay, were Unanimously of Opinion that no 
other Business ought to be Entred upon till the Legis- 
lature had Gone through the Business his Honour had 
Recommended to Them, at the Opening of the Sessions 
Relateing to the intended Expedition. And when that 
was over His Honour might Grant Them a short Re- 
cess till af tei" Harvest and Advised his Honour to Send 
a Message to that Purpose to the House of Assembly 

Minutes of the CouncU of New Jersey, August l?>th, 


[From Papers of F. J. Paris in the New Jersey Historical Society Library, 
Volume I, No. 15.] 

At a Council held at Perth Amboy, August 
13th, 1746. 


The Hon^'*' John Hamilton Esqf President 

James Alexander Eobert Hunter ( -prs 

Morris Edward Antill \ 

His Honour the President Acquainted this Board 
that he had Desired their Meeting to Inform them that 
Edward Hart had by his Warrant Raised one hundred 
Men for the Expedition against Canada and had 
brought Them to this Place on Thursday Last, That 
as the 500 Men which the Assembly had Agreed to 
Provide for were before Raised And that he was at a 
Loss what to Resolve Concerning the s'! Company so 
Raised by Edward Hart & Desired the Advice of this 
Board thereon, Whereupon this Board haveing ma- 
turely Considered of the Matter Advised his Honour 
the President to send the s'? Edward Hart to His Ex- 



cellency the Governour of New York at Albany with 
a Letter to the Purpose following- Viz* 

[The letter gives the facts of the case— that the 
whole number of 500 authorized by the Assembly had 
been raised— that the 100 men raised by the bearer 
Edward Hart were by far the most hkely and able- 
bodied Men that had been raised— but that there was 
no probabihty that the Assembly of the Province 
would consent to provide for them— it was thought ad- 
visable to send him to Albany to offer them to the 
Governour of New York. It was hoped they would 
be accepted, and the bounty of six pounds p-" man 
authorized by the Assembly of New York be paid to 
them. The letter closes as follows: "As the Bearer had 
Expended most of his Estate in the Raising and Sub- 
sisting these Men, till he brought them hither* & then 
Declared his Inability Longer to Subsist Them. I have 
Adventured for the Pubhck Service to Order some of 
the money Advanced by this Province for his Majesty 
for Supplying, Cloathing & Arms &c to be Applyed 
for the Subsistence of the Men & shall do so for ten 
days or a fortnight Longer in Order to keep the Men 
together till Hart's Eeturn from your Excellency which 
I hope may be Allowed of by His Majesty or General 
S'Clair, along with the Money Advanced for Cloath- 
ing & Arms, And doubt not your Excellency will Join 
in Recommending the Allowance of that Sum, as his 
Majesty's service is the only Motive for that Expence."] 
'The President Communicated a Letter from some of 
the Gentlemen of the Council of New York to whose 
Care and Direction His Excellency Gov!' Clinton had 
Recommended the Peace and safety of the City and 

' The minutes from this point to the * on a subsequent page are as found in N. Y . 
Col. MSS. Vol. LXXV, page 77. 


Lower Parts of the Province of New York diiriiig 
his stay at Albany Requesting His Honour that 
for the more Speedy InteUigence & Spreading the 
Alarme of an Invasion there might be Erected a Bea- 
con on the Highlands of Neversinks, and also that his 
Honour would Direct the Regiments of the County's 
of Essex & Bergen to Repair to the Assistance of the 
City of New York in Case of an Alarm. And His Ex- 
cellency the Late Governour of this Province having 
some Time before his Death Issued a Proclamation 
Where he ordered watches to be stationed in Sev- 
eral Parts of the County of Monmouth along the Sea 
Coast. And the Board being Informed that John Little ^ - 
Esq' Lieuten'' Coll!" and John Redford Esq"" Major of 
the Regiment of the County of Monmouth were in 
Town Requested their Attendance and Information 
how far the Orders in the said Proclamation Relating 
to the County of Monmouth had been Complyed with 
Who Attending accordingly Informed His Honour & 
the Board that Pursuant to the said Proclamation on 
the 2s^'' & 30"' Days of April Last Watches were Sta- 
tioned at Squan, Deal and the Highlands of Neversink . 
all upon the Sea Coast, and that these Watches have 
been from Time to Time Relieved and are at present 
Sup])lyd from the Regiment of Foot of County of 
Monmouth, that the Instructions given to these 
Watches are to give Notice to the next Commanding 
officers wlio have orders upon such Notice to Call 
together their C^ompanys and to send forward the 
Alarme to the C^ommanding Officer of the County. 

Whereupon this Board Advised His Honour the 
President to Issue his Order to the CoUonel of the 
Mihtia of Monmouth County to the Purpose follow- 
ing viz^ 


I am this day advis'd by His Majesty's Council that 
it will be for the Security not only of this Province 


but also of the City and Province of New York that a 
proper Beacon be Sett up and Erected upon the most 
Convenient Part of the Highlands of Neversinks in 
Order to Give the Erlyest Alarm of the Approach of 
an Enemy, And Do therefore in Pursuance of the s" 
Advice Order that a proper Beacon be Erected upon 
the Said Highlands of Neversinks in such Place & in 
such manner as You shall think most proper. And I 
Do hereby further Order and Direct that You Give or 
Cause to be Given Orders to the Severall Persons who 
shall be appointed to Keep Watch near the said Beacon 
when Erected that They do not Presume to Sett fire to 
the said Beacon or Suffer any Person to Sett Fire to it 
without Your Order or the Order of one of the Field 
Officers of the Regiment under Your Command or the 
order of Richard Saltar, Nathaniel Leonard or Robert 
Hartshorne or of any one of you or them, but upon 
the approach of Six Ships or more, the Person then on 
the Watch is immediately to apply to some one of the 
Persons above mentioned, who ujion such application 
is Requested to Proceed to the said Beacon and If he 
Judges, the s'' Ships to be Enemys he is then to order 
the said Beacon to be fired and is to send Immediate 
Notice to You or to one of the Field Officers of the Regi- 
ment of the s'' County who is hereby Required upon 
Receipt of such IntelHgence to Send Notice thereof to 
Me or to the Commander in Chief of the Province for 
the time being — I am, &c. 

This Board further Advis'd his Honor the President 
to Give Orders to the Collonel of the Regiments of 
Bergen & Essex to the following Purpose Viz^ — 


It has been Represented to Me by the Gentlemen of 
His Majesty's Council for the Province of New York 
to whose Care His Excellency the Governour of that 
Province has Recommended the Safety of the City and 


Lower Parts of the Province of New York during his 
Absence at Albany. That in Case of an Attack upon 
the City of New York they would stand greatly in 
need of assistance from this Province which Repre- 
sentation being laid before His Majesty's Council for 
this Province they Unanimously Advis'd me to Issue 
Orders to the Regiments of Bergen & Essex that they 
should in case of Alarm Proceed to the Assistance of 
our Neighbours of New York I Do therefore by & with 
the Advice of His Majesties Council Order and Require 
You that upon Application from the GoV or Com- 
mander in Chief of the Province of New York for the 
Time being or uppon Application from His Majesties 
Councill for that Province You do forthwith and with- 
out further Orders Call together and March the Regi- 
ments of Foot under Your Command or Order such 
Detachments as shall be Judged necessary to the most 
Convenient place for transporting them into the Pro- 
vince of New York and when there You are to Obey 
such Orders as shall be Given You by the Commander 
in Chief of that Province, or by his Majesties Council 
of that Province, untill You Returne into this Govern- 
ment — I am &c — 

Tliis Board further advis'd His Honour that lie 
would be Pleased to write to the Gentlemen of the 
C^ounciJl of New Yoi'k who wrote to him. with a Copy 
of the Preceeding Minutes." 

M'' Edward Hart Represented to his Honour the 
President his Inability of Longer Supporting the Com- 
pany Raised by him & that They must out of Neces- 
sity Disperse, unless His Honour will be Pleased to 
Advance a Sum of money for their Subsistence, which 
being Communicated to this Board, They are of Opin- 
ion that his Honour may Draw an Order on the Com- 
missioners for that Purpose, which he does in the 
Words following 


[The Letter follows, ending ''I do therefore m Pur- 
suance of the s'' Advice Order that You Pay to the 
Commanding Officer of s' Company for the Use of s"" 
Company the Sum of Ten Pounds proclamation Money 
& to the s'^ Commanding Officer for the Subsistence of 
the s*^ Company 0' per Man per Day. till the 27^*' Inst: 
inclusive or untill the s' Edward Hart's Return from 
Albany, which ever shall first happen And for so Do- 
ing this shall be your Warrant, Given under my hand 
& Seal this 13"^ day of August 174:6. 

John Hamilton."] 

The Board also Advised his Honour to Issue his 
Orders to the Captains of the Several Company's 
Raised in this Province to hold themselves & their 
Company's in Readyness to March to the Place ap- 
pointed by His Honour for their Embarkation to the 
Place of General Rendezvous Upon the first Notice 
they shall Receive from His Honour 

Proceedings of the Council of Neiu Jersey, September 
27 th, 1746. 

[From Papers of Ferdinand .John Paris in New Jersey Historical Society Lilirarv, 
Book P, No. 15. 1 


The Hon^.'*" John Hamilton Esqf President 

Eobert Hunter Morris ) James Hude ) t^ , rs 
Edward Antill [ John Coxe j ^^^ 

His Honour acquainted the Board that Agreeable to 
the Advice of tlie Council Given on the 22''. of August 
Last for the immediate Embarkation of the Company 
Raised in this Province, He had Issued Orders to the 


Commissioners api^ointed for Arming & Cloathiing the 
Troops to Supply them with the Several Necessarys 
Provided pursuant to Orders he had formerly Given 
And also to the Commissioners Appointed to Victual 
& Transport the Troops to Prepare propei' Vessels for 
that Purpose & Ship the Provisions Supplied by this 
Province for the Use of the Troops, And being In- 
formed by the Several CVimmissioners that the Trans- 
ports, Provisions, Arms, Cloathiiig, Battows &c the 
Necessarys were ready. He gave Orders to the Several 
Captains of the Companys Raised in this Province 
immediately to Embarke with the Respective Com- 
panys under their Command & Proceed to Albany in 
the Province of New York & when There, to obey 
such Orders as they should Receive from the Com- 
mander in Chief of that Province for the Time being, 
and a Sett of Instructions for their better Government 
in the Embarkation and Transportation of their Com- 
pany[s] to Albany — 

His Honour was also Pleased to Inform the Board 
that agreeal^le to the Orders he had Given, four of the 
five Companys Raised in this Province were Embarked 
at this Place on the 2'! of this Inst, with the Arms, Am- 
munition, Provisions, Battows & other Necessarys & 
Sett Sail for Albany on the third day of this Inst. And 
that the other Company was Embarked at Newark on 
the 30 V' of August Last with the Several Necessarys 
and Sett Sail on the P' of this Inst, for Albany — 

He also Informed the Board that by Letter from his 
ExeUency Gov^ Clinton Dated the 19'!' Inst. He had 
Received Intelligence that the Troops at Albany were 
to be Joyn'd by 25()<). Men fi'om the Governments of 
Boston and Connecticutt & were then to Proceed under 
the Comiuand of Gen! Waldo to Crown Point. Upon 
which he Observed to the Board that the five Com- 
panys Sent from this Province had no Field Officer to 
Command Them & that he had not Receiv'd any Com- 


missions from his Majesty for that Purpose & Desired 
the Advice of the Board what to Do on this Occasion. 
Who Takeing the same into their Consideration are 
Unanimously of Opinion that it will be greatly Preju- 
dicial to his Majesty's Service to Suffer the Troops 
Raised in this Province to Go upon Duty without some 
Field Officer or Person to have the Chief Command of 
them under Genl Gooch or such other General as shall 
be Appointed to Command, And therefore Advised his 
Honour to Issue a Commission to some proper Person 
by Virtue of the Powers Devolved on him by His 
Majesty's Commission under the Great Seal of Great 
Britain, Appointing such Pei'son Colonel of the 
Forces Raised in this Province for the intended Expe- 
dition and Unanimously Recommended to his Honour 
Peter Schuyler Esq"" a Gentlem" well known to the 
Several Members of this Board, of good Estate & Rep- 
utation & very proper to by him Commissionated for 
that Purpose. 

This Board being Inform'd that one of the Beacons 
Erected on the Highlands of Neversink by the Order 
of his Honour the President agreable to their Advice 
to him on the l?/-' of August Last, had beeu by Acci- 
dent Lately Sett on Fii^e in the Night Time & also that 
no Notice had been Taken of it by the Persons Ap- 
pointed in the Government of New York to Take ct 
Communicate such Alarm, Whereupon they L'nani- 
mously Advise his Honour the President to Inform 
the Gent, of His Majesty's Council of tliat Province of 
the Neglect of the Watch Stationed There, in Order 
that They may Take such Steps as will Prevent tlie 
Like for the Future. 


Letter fro7n President John Hamilton to the Council 
of New York — relating to the destruction of the 
Beacon on the Highlands of Neversiiih. 

[From N. Y. Col. MSS.. Vol. LXXV, page 91. J 

Perth Amboy September 27*?" 1746. 

Gentlemen — 

I think it ray Duty as well in Regard To His Majes- 
ty and the Trust Reposed in me, as to the Security 
and well Being of the Province the Lower Part of 
which is at this Time more Immediately Committed 
to Your Care, To Acquaint You that by undoubted 
Information I am Satisfied that the Beacon sometime 
ago Erected on the Highlands of Neversink was by 
pure Accident Sett on fire not long Since in the Night, 
at a Time when it might very well have been Discov- 
ered by the Persons Appointed in your Government 
to Take and C^ommunicate such an Alarm Noth with- 
standing which no Notice was Taken of it. This to me 
makes it more than Pro])able that the Watch ap- 
pointed in your G-overnment on this Particular Ser- 
vice have been too Neghgent in their Duty and hovr- 
ever Lucky it may be tlionght that Your Province 
has Escaped a false Alarm, I'et I make no Doubt but 
that You are of Opinion with Me that an Alarm from 
[any] Quarter when Rightly Given must be of the 
Utmost Importance and therefore hope you will for 
Our Mutual Security take such Steps in Regard to your 
Watches as will Effectually Prevent the Like Neglect 
for the Future I am Gentlemen 

Your most Obedient Humble Servant 

JoHH Hamilton. 

The Hon^l" His Majesty's Council of New York. 


Letter from Captain Joseph Espinosa to Governor 
Clinton of New York. 

[From N. Y. Col. MSS.. Vol. LXXV, p, IM.] 

New York Novembf y'' S**" 174G 

Your Excellency will pardon Me to take the Liberty 
to trouble You on this Day Its not in Regard to My- 
self Nor My Interest but Intirely on account of What 
May happen hereafter to the prisoners at the Havanah 
who I am aff raid May Suffer on Account of my peo - 
pie being treated In the Manner they are at Amboyby 
being Confined Every Night In Goale Occasioned by 
my being Carried In there by Cap' Easom who Not 
regarding Your Excellency s pasport but Told me he 
had a better then that of Your Excellency by which 
means he Carried me to Amboy taking Your Excel- 
lencys Letters & whatever papers Letters I had &> my 
wearing Apparell Excepting wliat I had on till after 
were prevailed on to give Me a Little Linnen, I know 
nothing I have been Guilty of In taking anything on 
board My Vesselle but what was Publick & Submitt 
My Selfe to the Laws of the Government In w"'' I was 
Taken out of & am assured Your Excellency will when 
properly Comes before You Do me all the Justice My 
Case Requires which I beg May be Done as Soon as 
Your Lasure will permit Considering My peoples 
Nakidness & the heavy Charge I am at not only In 
regard to them but the prisoners of Warr I liad on 
board that are now upon my Expence as I must sup- 
pose without am Bedrest by the Laws of Your Coun- 
try I have Severall transactions to Relate to Your 
Excellency w'^'' will be two tedious for Your Excel- 


lency to have here Incerted till Am on Oath So Shall 
Conclude & till Your Excellency appoints me a hear- 
ing- & am with the Greatest Respect Your 
ExceF.' Most Obedient & Most 
Humble Servt. 

Joseph Espinosa. 

Petition of Joseph Espinosa to Govenwr CHidou, and 
other papers connected with the seizure of the 
stoop St. Miget. 

IFi-om N. Y. Col. MSS., Vol. LXXV, pages 107-110.] 

To his Excellency The honorable George Clinton 
Esq?" Captain Generall and Governour in 
Cheif in and over the province of New 
York and Territories thereon depending in 
America and Vice Admiral of the Red 
Squadron of his Majestys ffleet. 

The humble Petition of Joseph Espinosa late 
Commander of the Sloop S^ Migih sent to 
this Province as a tiag of Truce by the 
Governour of Havannah with English 

Sheweth , 

TJiat your Petitioner being fully impowered by a 
Commission from the Governour of Havannah as a 
flag Truce did in his Said Sloop sometime Since sail 
from thence and on or about The ninth day of July 
last arrived in This Province with sixty-nine English 
Prisoners who had been taken by the Spaniards and 
delivered them Safe on Shore in the City of New York, 


That sometime afterwards and on or before The 
Eighteenth day of October last Your Petitioner with 
Your Excellencys permission did take on board his 
said Sloop Sixteen Spanish Prisoners partly in Ex- 
change of the Said English prisoners, And Your Excel- 
lency by an Instrument under Your hand and Sealeat 
Arms did Vouchsafe to Grant unto Your Petitioner a 
Certificate thereof and safe pasport to your Petitioner 
from home [hence?] to Havannah and thereby desired 
that all Comanders of his Majestys Shij^s of Warr and 
Privateers should Regulate Themselves Accordingly 
And Your Excellency at the Same Time did deliver un- 
der your Petitioner on his Britannick Majestys Service 
one Letter from Your Excellency and two letters from 
the Governour of Pensilvania directed to the Governour 
of Havannah. 

That your Petitioner on The Next day to witt the 
Nineteenth day of October last having on board the 
passport letters and Spanish prisoners aforesaid think- 
ing himself Safe under the Protection of your Excel- 
lencys said passport sailed from the Port of the City 
of New York in his said Sloop towards the Narrows 
on his Returne to Havannah That about midway 
between Nut ten Island Point and the Narrows which 
(as Your Petitioner is informed) is within the bounds 
and Jurisdiction of this Your Excellencys Government 
of the Province of New York and is with in Sight of 
the Fort of New York about one of the Clock in The 
Afternoon he was attacked, fired at and taken by one 
John Easom with about eleven or twelve men on 
board of a Small two Mast boat That imediately after 
The said men came on board Y' Petitioners Sloop he 
Produced and Shewed Your Excellencys said Passport 
to the person who y' Petitioner was told was Captaine 
but he taking no notice Thereof ordered Your peti- 
tioners people into the hold of the Vessell and put 
three Centinells with drawn Swords in their hands in 
Three different Parts of the Vessell, 


That among the persons by whom he was so taken 
there was one Michael who your Petitioner took to be 
the Lieutenant and who understood the Spanish Lan- 
guage, to whom Your Petitioner applyed and ac- 
quainted him that your Petitioner had a good Passport 
from the Governour of New York and desired to know 
why they used him in that manner, to which the said 
Michael answered that Your Petitioners Passport 
would Serve him to no purpose, that the (xovernour 
had deceived him and that they had a better Commis- 

And youi- Petitioner further sets forth that the Per- 
sons by whom he was so taken Carryed his said sloop 
with him and his men that Evening to Perth Amboy 
in the Province of New Jersey where his people were 
put in Prison and about Midnight that same Night 
severall of the said Captors came to your Petitioner 
and demanded papers which he delivered to them 
among which wei/e Your Excellencys Passport and 
Letter and the other Letters aforesaid, The Pass from 
the Governour of Havannah and all his pa])ers of Con- 

That your Petitioner is informed that on the Twenty 
Second day of October last a Libell was filed in the 
Court of Admiralty of New Jersey in the Name of 
John Easom Comander of the "private Vessell of 
*' Warr Called Ranger in behalf of himself and the 
"owners and Company of the said private Vessell of 
" Warr, Praying that the Cargo of Goods on board of 
" Your Petitioners said Slooi) might be unladen and 
"that the Kinds and Qualitys of the Goods on board 
" might be Inspected and a full account Thereof Taken 
"& Exhibited into that Court and that all such Goods 
''on board as were not necessary for Provisions for 
"Your Petitioners and his Passengers and men & 
"were not Exempt from Seizure and Confiscation 
" miffht be Condemned as Prize. 


That sometime after by Virtue of an Order from 
The Said Court Your Petitioners said Vessel! was 
unladen and all the Goods that were on board were 
taken out and put into a Store at Perth Amboy. 

And your Petitioner further Sheweth that it was 
insinuated in the Said Libell that Your Petitioner was 
under Just Suspicion of having Gunpowder Shot and 
Warlike Stores on board his said Sloop purchased or 
procured at the City of New York nothing hke which 
appeared upon unlading the Said Sloop. 

And ypur Petitioner doth further Shew that the Said 
Captors finding that there were no warlike stores or 
Contraband Goods but there were some other Goods 
belonging to Your Petitioner on board They in order 
to give some Color to Their unjust Proceedings in 
Taking Your Petitioner and his said Sloop and Goods 
within the bounds and limits of Your Excellencys 
Government and to distress and delay Yo"" Petitioner, 
The Proctor for the said Libellant on the twelfth day 
of this Instant November did deliver into the said 
Court of Admiralty a List of some of them by the 
name of a " List of Sundry Merchandizes Taken from 
"on board the Sloop St- Migill Vila Vergin Delos 
"Dolores Don Joseph Espinosa - - "''■ * for the 
" Havannah claimed by the Libellants." Well know- 
ing that your Petitioner is wholly a Stranger here and 
That he Cannot find any Security in this Place to 
Prosecute his Claim and Right to the Same as is Com- 
only used to be insisted upon in Some Cases by means 
whereof Your Petitioner is not only in danger of 
Wholly loosing his Said Goods but also he and his 
people who are almost Naked not having Cloaths to 
Withstand the inclemency of the Weather in this Cold 
Climate by being long delayed here will be in gi*eat 
danger of Perishing unless Your Excellency will be 
Pleased to Grant him Some aid and assistance in the 
Premises whereby he may be Speedily relieved out of 


this Great distress and be enabled soon to return to 

In Tender Consideration of all which and for as 
much as your Petitioner, his Vessell and Goods 
attacked and taken within the limits and bounds of 
The Province of New York, he at the Time of his 
being so Taken having and being under the protection 
of the passport granted to him by Your ExceUency 
then and Still being not only his Brittannick Majestvs 
Governour of the said Province but also Vice Admiral 
of the Ped Squadron of his said Majesties Fleet. 

Your Petitioner Therefore most humbly Prays that 
Your Excellency will be favorably pleased to direct 
his Majestys advocate Generall for the said Province of 
New York to Enter and Prosecute a Claim in the said 
Court of Admiralty in his Brittannick Majesties name 
on behalf of Your Petitioner for his said Goods or to 
.grant to your Petitioner such other rehef in the Prem 
ises as your Excellency Shall thinlv proper just and 

And your Petitioner shall ever Pray &c. 

Joseph Espinosa. 

[Affidavits in Sm^port of the Charges m the foregoing 


The Examination of Joseph Espinosa Master of the 
Sloop S^ Migel a Flag of Truce that Came from the 
Havannah & arrived at the Port of New York on the 
Nineteenth of July 1 740 Taken before a Committee of 
His Majestys Council of the Province of Now York on 
Monday the third day of November 1746. Mr. Jacob 
Rodrigues Reveres being sworn Interpreter on that 

The said Joseph Espinosa says That he sailed in the 
aforesaid Sloop S' Migel from the port of New York 



Yesterday was Fort' night On his Return to the Hav- 
annah; That he had Dispatches as Master of a Flag of 
Truce from his Excellency the Governour of New- 
York as also a Letter from his said Excellency to the 
Havannah: That so soon as he had sailed with his 
vessel out of the Harbour & passed Nutten Island 
point The person who was his Pilot ordered the Fore- 
sail of the Said Sloop to be struck and desired Him 
(the Exaininate) to prepare for coming to an Anchor, 
That the wind and tide were both at that time very 
fair, That soon after the Examinate discovered two 
Shallops at a Distance the largest of which had one 
Mast and the Smallest two Masts That the Pilot upon 
looking at the said Shallops or Boats through the Ex- 
aminators Spying Glass Told him That the largest of 
the said Boats belonged to himself and that thereupon 
the Pilot ordered the Colours of the, Exammates 
Sloop to be lowered half Mast Which the Pilot told the 
Examinate was a Signal for his Boat. That when 
the said two Boats were within the Distance of Six 
Rod of the Examinates Vessell. Severall of the Men 
in the two Mast boat rose up and being come a little 
nearer one fired a pistol That there were in all he be- 
leives eleven or twelve in the Boat. That he Ordered 
his sails to be lowered and thinks he was at that Time 
about Midway between Nutten Island Point & the 
Narrows, That they threatned the Examinate m the 
Spanish Language holding up their Pistolls & Cut- 
lasses because they thought he was not quick enough 
in lowering his sails, upon which he told them That be 
had ordered his Sails to be Struck as soon as possible 
That about Eleven or twelve men came out of Ihesaid 
two Mast Boat on Board the Examinates Vessell and 
soon after M^ Leister the Pilot also Came on board and 
took charge of the Vessel in the Room of the Riot 
That had charge of her before who then went abord 
the Boat he called his own, That the Examinate pro- 


duced the passport given to him by his Excellency tho 
Clovernour of New York to a Person whom he was 
told was the Captain and who the Examinate says is 
a tall man and has one of his legs swelled. That he 
took no notice of the Pass but Ordered the Exami- 
nates' People into the Hold of the Vessell and Put 
three Centinells with drawn Swords in their Hands at 
different Parts of the Vessell. That among the afore- 
said Eleven or twelve men was one Michael whom the 
Examinate took to be the Lieutenant of the Aforesaid 
two Mast Boat & who understood Spanish That he 
acquainted Michael that he had a good passport from 
the Governour of New York with the Approbation of 
the Council and Desired to know why they had used 
him in that Manner That he Answered That his pass- 
port would serve him to no purpose The G-overnour 
had deceived Him And They had a better Commission 
That the Examinate (taking them to be pirates) off ered 
to pull off his Clothes and desired them to take all he 
had, Spare his Life and put him on Shore. That they 
then told him he need not to do that for they should 
soon come to a Place where in two days they would 
take out what was in his Vessel and ballast him with 
stones and Vf ater and send him away ; That they brought 
the Examinate with liis Vessel to perth amboy that 
Night where his People were put in Prison. That about 
Midnight severall of the aforesaid eleven or twelve 
Men came to him the Examinate and demanded his 
papers, which he delivered to them among which were 
the Governour of New York his Pass, The pass fi'om 
the Governour of Havannah and all his Papers of Con- 
sequence and desired them to take Notice of his giving 
up of those papers That they put all the Pa])ers in a 
Sheet of Paper and desired the Examinate to seal 
them up together which the Examinate did with a 
seal one of them gave him & which seal he hath now 
in his Possession. That on the Monday following 


Capt" Farmei' Mr Lewis and Capt" Barnes came on 
board the Examiners Vessell and told him they had 
Put their three slaves in Prison whom he understood 
to be the three Spaniards that were delivered to him by 
the [order?] of his Excellency the Governour of NeAv 
York in Council. That those Gentlemen told him That if 
he would carry those Spaniards with him he must pay 
for them for that they intended to keep them as 
Slaves until they w^ere paid for. That the Examinate 
replyed he had nothing to do with it. He had acted in 
Obedience to the aforesaid Order. That the aforesaid 
Michael interpreted between him, tlie Examinate and 
the said three Gentlemen, Told him that They 
Said that the Governour of New York told them It 
was the Examinates Fault That those three Spaniards 
were taken away. And the Exami' further Says that 
the Men belonging to the aforesaid two Mast Boat took 
away all his Keys, Chests & Clothes That soQie day 
afterwards they sent him (upon the Advice of Some 
Gentleman at Amboy) a small Frank [Trunk?] with all 
his Linnen but that the rest of his Clothing they have 
in their Custody 

Joseph Espinosa 
Sworn before me the day of 
November IT-IO. 

Dan^ Horrmander. 

The Examination of Michael Beasley of the City of 
New York Mariner taken before a Committee of his 
Majestys Council for the Province of New York At 
the Council Chamber In the City of New York the 
fifth day of November ITiO. 

Michael Beasley the Examinate Says that he was on 
board the privateer Ranger in the Cai)acity of a Fore- 
mast man when the Flag of Truce that lately sailed 


from New York on her Return to tlie Havannah was 
taken by the said Privateer. That She was taken he 
thinks a Htttle below Sininiione Ferry about Midway 
betwf>en Long Island & Statten Island. That he was 
Interpreter between the Spanish Captain and John 
Easom the C^ommander of the Privateer. That he told 
the Bpanisli Captain by the Directions of the said 
Easom That they had received Information of sundry 
Goods & Merchandize being shipped on board his Flag 
of Truce by some persons in New York which he must 
deliver up or he would otherwise be carried into an 
English Port and that he must shew them the Letters 
& papers he had; That among the papers produced 
There was one which the said Espinosa said was the 
Governour of New Yorks Pass That the Examinate 
told him (by the directions of the aforesaid Easom) he 
might put it in his pocket. The Examinate says That 
when they had brought the Vessell to Amboy the 
Spanish Captain was told That if he would deliver up 
such Goods as he had on Freight & the Invoice of 
Goods Consigned to him. He might go about his Busi- 
ness. To which he replyed That he had only his Provi- 
sions and a few Trifles belonging to himself on board 
the Examinate Says that the aforesaid privateer was 
fitted out to take this Flag of Truce or any of his Maj- 
estys Enemies. Information having- been given that 
She had on board Gunpowder & other Warlike Stores 
That Captain Tingley, Captain Easom and himself are 
the only persons the Examinate knows of that were 
Concerned in fitting out the aforesaid Privateer The 
Examinate being asked why he did not inform the 
Government of New York. That Inform' had been 
given Them That Gunpowder & other warlike stores 
were on Board the Flag of Truce, said the aforesaid 
Espinosa had offered to Engage him the Examinate 
and his ship to carry a Cargo of Flour to the Havan- 
nah wher(^ he would msure him to get sev^en pieces of 


Eight and a half for each Barrell. The Examinate 
being asked whether he though the aforesaid privateer 
was a fit vessell to go to sea to Cruize ag^ his Majesties 
Enemys Said He thought she was a suf t' Vessell for 
that purpose and would go to sea and Command her 
and has gone to Sea in a less Vessell. 

Mich' Beasley. 

The examination of John Easom of the City of New 
York Marriner, taken before a Committee of his 
Majesties Council for the province of New York At 
the Council Chamber m the said City on the fifth day 
of November 1746. 

The said John Easom says That he lately had a 
Comission from the Judge of Admiralty of the Prov- 
ince of New Jersey as Commander of the Privateer 
Ranger a two Mast Boat, Burthen about five or six 
Tons belonging the port of New York. That one 
Acklin was his Lieutenant That himself Captain Ting- 
ley and Captain Beasley fitted out the said boat, having 
first [fixed?] at a Certain Sum to be paid for Each day 
they should keep the said Boat in their Service. That 
on Sunday the 14 of October last. The Examinate being 
in the aforesaid boat with eleven or twelve white men 
and three or four Negroes Took a certain Sloop that 
Came as a Flag of Truce from the Havana and was 
then on her Return from New York to that place as 
he beleives of which Sloop one Espinosa was Master 
or Commander, That at the time of taking her the 
Examinate was near the Watering place on the Staten 
Island Shore, That the Examinate as soon as he came 
on board the Flag of Truce asked the said Espinosa by 
one Michael Beesley who was Interpreter between 
them what Goods or Merchandizes he had on Board 
and desired him to deliver up his papers. That the 
said Espinosa gave the Examinate his Excellency the 


Governonr's pass, which the Examinate bid hini put 
in his Pocket and some other Papers which the Exam- 
inate dehvered to him again That the Examinate then 
Carried the said Espinosa and his VesseU into Amboy 
Acquainted the president of the Council that he had 
taken the Flag of Truce that came from New York 
and desired to know what to do with the prisoners. 
That the president at first sayd he did not know. But 
upon the Examinators desiring to know if they could 
be Secured that Night, The President Ordered one M' 
Smith to go with the Examinate to have them secured. 
That the Night of his Arrival there he ordered his 
Lieutenant to go on board the Flag of Truce and to 
take what papers he could find and get the Spanish 
Captain to Seal them up with his own Seal which his 
Lieutenant afterwards told him he had done accord- 
ingly And which papers together with some others 
that were found by the Marshal of the Admiralty on 
his taking out the Gfoods, the Examinate says he has 
now in his possession That the Examinate did not take 
away the said Espinosas wearing apparel But on his 
refusing to take them they were put them along with 
the Goods taken out of the Flag of Truce and are now 
he supposes in Custody of the Marshall of the Admi- 
ralty Except some of his Linnen which was after- 
wards given to him, That the Examinate offered to 
deliver up to the said Espinosa all the people that were 
on board The Flag of Truce at the Time she was taken 
except four Negroes which appeared by Receits among 
the said Espinosas papers to have been Purchased by 
him at New York whom he detained as Merchandize 
and as such they are Libelled, That three Negroes 
were claimed by Mess" Farmer Lewis & Bames and 
afterwards taken by writts of Replevin. The Exam- 
inate being asked whether his Commission was taken 
out for any other Purpose than to take the aforesaid 
Flag of Truce He said that he intended to take any of 




his Majestys Enemys or their property wherever he 
could find them, And the Examiuate being also asked 
how he Came to take a Flag of Truce in this Govern- 
ment that had his Excell'y the Governours pass Said 
he acted as he Conceived pursuant to his Instructions 
and not with advice The Examinate fm"ther says 
That the aforesaid Lieutenant did deliver unto him the 
papers above mentioned to have been sealed up with 
the Spanish Captains own Seal and that the Exam- 
inate or any other to his Knowledge has not opened 
the said Bundle of papers Sealed But that he offered 
before Mr Kearney & M' Nevil of Amboy to deliver to 
the said Espinosa the Spanish Captain his Vessell & 
more provis" than was found aboard & all papers Con- 
tained in the said Bundle relating to the said Espinosa 
as a Flag of Truce and that the Ex!' would not nor did 
not suffer any of his people to meddle with or touch 
any of the prov^ or Store belonging to the Flag of 
Truce, The Examinate being asked whether he thought 
the aforesaid privateer was a fit Vessell to go to sea to 
Cruise ag* his Majestys Enemys said that answered 
their Purpose. 

John Easom. 

Letter from ElisJia Parker, Acting for the Proprietors 
of East Jersey, to the Committee makimj the pro- 
posals under date of August 11"' IT-iO. 

[From Papers of F. J. Paris in the New Jersey Historical Societj- Library, Vol. P.- 
ami P. R. O. B. T. New Jersey. Vol. V.] 

Perth Amboy August 2l»''' 174() 

Had you Staid in this Town the half hour wiiicli 
you agreed to Stay on Wednesday the 13*!' Instant 
when you delivered me the paper Dated August 11'" 
Said to be transcribed by Order of the Committee. I 


Should then have acquainted you that I had Laid that 
paper before the Council of Proprietors. And that the 
Proprietors have but Joseph Murray, William Smith 
& David Ogden Esq'.^ for their Council & EUsha Par- 
ker the Subscriber hereof for their Attorney Engaged 
in this Cause nor have they Engaged nor do they in- 
tend to Engage any more than the said three Council 
and one Attorney in this cause — and that they did not 
think proper to release any one of their said Council 
for the reasons following viz' 

1'".' because they have- been Several Years feed as 
Council in this matter and have advised on & perused 
the draught of tlie Special Verdict proposed by the 
Letter of June oo"' to be prepared On the part of the 
Proprietors and the Evidences to Support it, and it 
might be of the most mischievous Consequence for 
any one to whom the Evidences of a Title on one Side 
are Communicated that he should be afterwards En- 
gaged as Council or Attorney on the other Side. 

S''.'^' for that their are many other Attorneys & prac- 
titioners of tlie Law^ of note in New York, New Jersey, 
& Pensilvania who practise iu the Courts of New Jer- 
sey, who are neither Engaged by fee or Interest on 
the side of the Proprietors 

3fiiy j^or that if the other Attorneys & Council not 
Engaged in this Cause, have refused or should refuse 
to be Concerned in it, for the Committee The Council 
of Proprietors are well assured that the Committee 
have been informed near a Year agoe by M' Ogden that 
the Supream Coui't could & upon application no doubt 
would, Oblige a pro])er number of Attorneys & Council 
to serve the Committee; and they think its a pity that 
the Committee should have neglected the three Several 
Terms of March. May & August last to move the 
Court for that purpose, At any of which terms they 
might have moved this matter, if the Committee had 
thought proper so to doe 


To the above purpose I Should have Acquainted you 
had you Staid the half hour agreed on and the Com- 
mittee might thereon have moved the Supream Court 
(which was then Sitting, and continued Sitting till the 
Tuesday after) for Such Attorneys and Council to be 
appointed them as they might have thought proper to 
name. But as you did not then Stay, The Council of 
Proprietors upon further consideration of the said 
Paper of August 11"' have Ordered me to Acquaint 
you that they are Sorry for the Loss of so much time 
as may be occasioned by the neglect of Joyning Issue in 
Last Term (which they on their parts were ready to 
have done,) for it may draw with it the Loss of the 
next Term of November which Sits at Burlington, and 
where probably neither of the Council or Attorney of 
the Proprietors do dessign to Attend, and, where it 
would be as Difficult for the Committee (who Live 
above 70 Miles Distance from Burlingten) as for the 
Proprietors to get persons to attend there, to Enter 
into Bonds — muttually according to the proposals of 
the Letter of June 3( V''— 

To prevent which Loss of time as much as possible 
I am Ordered by the Council of Proprietors to acquaint 
you that at any time betwixt this and next November 
term, upon a week's Notice from the Committee, I as 
Attorney for the Proprietors will be ready at Perth 
Amboy to Enter into the General Rule, and to give 
Security to prosecute the Suit as is proposed to be done 
by the Letter of J une 80"' upon their doing the Like. 

And also to acquaint you that the Council for the 
Proprietors will be ready at New York upon a weeks 
notice There to Settle the form of the Special Verdict 
in the Cause with whatever Council or Attorneys the 
Committee Shall Employ. If which be done & agreed 
on before next November Term T/ieij the Council of 
Proprietors will Employ one of their Council at Law 
on purpose to go to November Term At Burlington, in 


order to have the Special Verdict found & then & there 
to Fa-gue & pray Judgment upon it & to do everything 
with Speed as proposed by the Letter of June 30"' or 
Shall be agreed on between their Council & the Coun- 
cil of the Committee 

I am also Ordered to iVcquaint you that Mess" Alex- 
ander <k Morris vvere ready & attending at Perth amboy 
on the second Tuesday of August instant to have given 
bonds with Security according to the Letter of June 
30'" And that Still at any time between this and next 
November Term on a Week's Notice they will be ready 
to give Such Securitys upon the givmg to them Secur- 
ity s as by the said Letter proposed. 

I am also Ordered to acquaint you that there are 
Sundry things, in the Said paper of August 11'" which 
the Council of Proprietors are far from admitting to 
be true or Just reserving to themselves the Liberty of 
pointing them out when occasion requires, which they 
think no way necessary to do b}^ this Letter I am 

Sir Your humble Servant 
Elisha Parker, 
Attorney for the General Proprietors of East New 
Jersey on the Cause of Stykes on the Demise of Sir 
George Carteret Versus John Noakes for Lands 4n 
possession of Francis Spier. 
To Mr Nathanel Camp. 

Sept.'" 19'f 1746, This Day I delivered to M^ Nathanel 
Camp the Original Letter whereof the preceding is a 
true Copy Witness my hand David Ogden. 

Affidavit of Elisha Parker, Attorney at Laiu, relative 
to legal proceedings of tJie Committee of the Riot- 

[From P. R. O. B. T. New Jersey, Vol. V.J 

Elisha. Parker Attorney at Law being duely Sworn 
on the holy EvangeHsts on his Oath declares that he 


being Employd as Attorney for the General Proprie- 
tors of the Eastern Division of New Jersey in the 
Action of Ejectment agreed to be brought by them by 
their Letter of June tlie 30'" 1746 in Compliance with 
the proposals made to the Assembly by the C^ommittee 
of the Eioters in April Last, and delivered to the Late 
Governour, he did write the Original Letter directed 
to Nathaniel Camp beaiing date the 2!)'.'' day of August 
Last whereof a true Copy is annexed and does verily 
beheve that David Ogden one of the Council for the 
Proprietors in that Action did Deliver the Said Origi- 
nal Letter according to his Certificate whereof Copy is 
at the End of the Said Letter and further Saith that 
neither the said Nathaniel Camp nor any of the Riot- 
ers Committee nor any of them has ever Since applyd 
to him to Joyn Issue in the said Action or to do any- 
thing whatsoever in pursuance of the said Letter of 
August 29^" Last and farther Saith that he attended 
the Supream Court, at Burlington in November Last, 
the greatest part of the Term during all which time no 
application whatsoever was made by the said Commit - 
tee or any of them or any for them, for having any 
Attorneys or Council assigned them for the Defence of 
the said Action, and Since the End of the said Term 
of November he has perused the Minutes of the Su- 
pream Court during that Term in which he has not 
found any Such motion to have been made nor has he 
otherwise heard that any Such motion was made and 
farther this Deponent doth verily believe that no ap- 
phcation has been made to any of the Proprietors 
Council by the Said Committee of the Rioters or any 
of them or any person for them pursuant to the said 
Letter of August 29^'' because this Deponent has Lately 
Since November Term aforesaid been told by Joseph 
Mun-ay and William Smith Esq" that no Such xA.ppli- 
cation has been made to them or either of them and as 
to David Ogden the other Council he this Deponent 


has also since the said November Term discoursed 
with him about the said Letter of August 20'" and if 
any such apphcation had been made to the said Ogden 
this Deponent doubts not but he would have Com- 
municated it to him but so far from it that he told 
this Deponent he did not believe the said Committee 
wanted to have a Tryal at all and further Saith not 

Elisha Parker' 
Sworn the 23!^ day of December ITiG before Rob^ H. 

State of the Facts about the Riots from September 
l!>^/^ 1745, to December >^th, 1T4(>. 

fFrom Copies among Papers of F. J. Paris in New Jersey Historical Society Library 
Book P, No. 1 and Bundle X, p. 13.1 

State of the Facts, Concerning the Late Riots at 
Newark in the County of Essex, & in other 
parts of New Jersey; December 24, 1746. 

proof of the [Sciit ovcr bv the CouuciU tlierc to the Duke 
Facts Appear- of New Castlc & Lords of Trade.] 


Letter of 1T45 September 11>"' one Samuel Baldivin 
sep'r 1745 i^eiug Committed to the Goal for the Coun- 

from the 2d " . a x- ^ 

Judge of the tij of Esscx at NeivavK 111 An Action of 
coStTjus- Trespass for Cutting of Trees whei-ein he 
tiees, & sher- refused to give bail, or Enter an Appear- 

ifi: of Essex 

Tociiief Jus- ance. About One hundred and Fifty men, in 
tice Morris. a I'lotous mauiier, came to the said Goal, 

was bred to the pro- 
fession of the law un- 
der James Alexan- 

/ UtAs^ '^-'"^^ ^^j.^ whose daughter 

Catherine, he married. He was licensed May 3d, 1715, and died of consumption 
March 14th, 1761, aged 47. widow married Walter Rutherfurd, then an officer 
in the Army and was the mother of the late John Rutherfurd of Belleville.-ED. 


New York "^^^ Clubbs, Axes and Crowbarrs, broke 
post-boy of open Said Goal, and took out the said Pris- 

feb. 17. 


Several of the said Rioters then Used many threat- 
said Letter of ^ii^g expressions, against all persons that 
Sep' 20"> Should Endeavour to punish any of them for 
perpetrating the afores'-' fact. 

They then further threatened that, Should any per- 
son be Committed for the above Fact, or for any Tres- 
said Letter of P^^^ doiic Oil Laiids claimed by them on any 
sept^ SO'!- Indian purchase Right, they would come to 
Such persons i-ehef with double the Number of men. 
— This threatning they made good by the Riot of Jan- 
uary Last hereafter mentioned. 

On the Same 19'" of September the said Rioters at 
Said Letter of the Same time threatned that they would be 
Sep'.. 20'!' assisted by One hundred Indians for the re- 
leiving of any Person that Should be so Committed. 

This Threat, at that time, and till Lately, was 
thought, by most people, to be ridiculous and impossi- 
ble, because the whole Province of New Jersey had 
then Scarcely half that Number of Indian men belong- 
ing to it, or residing in it, and not one of them within 
thirty Miles of Newark, and but two Indian men, 
within fifty Miles of Newark, to Witt, Andrew k 
Peter Living near Cranberry on the Navesink Side of 
Raritan, about forty Miles from Newark, but the 
Transactions of the Committee of the Rioters, with the 
said Andrew, in February before the said Riot and the 
Information herein after mentioned of the Number of 
Indians Lately Come, and Expected to come, to Live 
near to the said Andrew (on Some Lands he there 
claims as his) is like to render that Threat not only 
possible to be put in Execution, bat jDrobable that it 
will be So. 

On the Same 10*'' of September two Justices of the 
Peace with the under Sheriff of the said County of 


record filed Essex — Recorded the said Riot on their View 
in supr: Court to have been Committed by twenty seven 

& Copy with 1 j_i T . , . 

Attorney pci'sons, oy them named in their Said Rec- 
®^''' ord, and by many other Evil doers and Dis- 

turbers of the Peace of our Lord the King, to them 
unknown, to the Number of One hundred Persons, at 
the Least. 

1745 September 24-'.'' a Court of General Quarter Ses- 
sions of the Peace being then held at Newark, for the 
the Indict- said County of Essex, the Grand Jury 
co,Sti°c?py thereof presented a Bill of Indictment 
in Attorney agaiiist Six of the Rioters with many others 
Generaihands Unkuowu, foT Committing the said Riot. 

1745. September 28'?^ His Excellency the Governor 

of this Province Sent a Message to the then house of 

Representatives; in whicli amongst other things he 

Set forth the Dangerous State of this Prov- 

ut^SAs^m- i^^*^® *i^ relation to the French and Indians, 

biy herewith and in which Message there is also this Para- 
No. 1 page .5 , 


" I send you also an Account of a Notoi-ious Riot, 
" Lately Committed at Newark, if it be not Something 
"worse; If the Indians can be prevailed on to joyn in 
" Attempts of this Kind, we may soon have a war 
" with them in our own bo wells, encouraged by the 
"Kings Subjects; The threat is of Dangerous Conse- 
" quence, But if they Should not, if these Rioters can- 
" not be brought to Justice, all Civil process must Soon 
"Cease, and the Government be overturned. The Infec- 
"tion wiU soon Spread, from Such a Notorious Riot, 
"to a Rebellion; So that I hope you will not be want- 
" ing in your Care Concerning it. and making Such 
" Provisions, by a Militia Act oi- other Acts, as to pre- 
" vent the Like for the future." 

1745. October 8" The then House of Representatives 
Sent to His Excellency a Message in Answer 

said Minutes , . . , • , " j j_i ii ji • 

of Assembly to his lu which amoiigst other other things 
page 10 there was this Paragraph. 


It is with Concern they hear of the Eiott committed 
at Newark, and with Abhorence of all Such Actions 
Look on those who will not be Subject to the '' good 
"and wholesome Laws of our Nation as Enemies to 
" the common Good — Nevertheless, as far as we know 
" the Laws, now in force, are Sufficient for the pun- 
"ishment of those that are Guilty of the breach of 
" them, and the House are of the Oppinion that all 
" Violaters of the Laws ought to be very Earl}^ brought 
''to Justice, otherwise, as His Excellency very justly 
"observes, the infection will soon Spread?" 

To which his Excellency the Go\ernorbya Message 
of the 18^'' of October 1745, did reply, in these words, 
'' The Laws are Sufficient to punish Eioters, or other 
' *• Offenders, but neither the present Militia Act, nor 
"any that yon have Attempted to make, are Sufficient 
"to Quell a Riot of this hind, or perhaps an Insurec- 
" tion, for which force may be Necessary, which can- 
" not be Continued, without Some provission to Siip- 
" port them, nor can the Officers and Courts necessary 
"to Convict them, attend that Service, — without Sal- 
" arys, or Some provission to deffray the Charge of 
"prosecution, which are not provided, nor, as appears 
" intended to be provided, by your house. 

On the Same IS"' of October 174.5 His Excellency 
Minutes of ^^^^ Goveriior, by Advice of the Council, 
Council & Issued his Orders to His Majestys Attorney 
sign'd^bythe Greiieral, to proceed, with all Convenient 
Gov ' Speed to prosecute, by Information or other 

Lawful Method, Agreable to the Laws of England 
and the Province of New Jersey, Such Delinquents as 
were then already discovered to have been Active in 
the said Late Notorious & Dangerous Riot C^ommitted 
at Newark and Such others as from time Should be 
discovered to have been Active therein. — 

On the Same 18^'' of October His Excellency the 
Governoui- by and with the Advice of His Majesty's 


Council Issued his Warrant under his hand & Seal At 
Arms, directed to the Sheriff of the Connty of Essex, 
thereby Commanding the said Sheriff to make Diligent 
Search for & to apprehend the said Eioters, & to bring 
them before the Chief Justice, or Some other Justices of 
His Majesties Supream Court of Judicature for the 
Province of New Jersey, who were thereby directed 
to Committ them to any Common Goal, in whatsoever 
County of the said Province they Should think most 
proper, untill they Should Severally find Sureties for 
their personal Appearance, at the next Supream Court 
that Should be held in and for the said Province after 
their being so Apprehended, and to be of the good beha- 
viour in the meantime; thereby further Commanding 
all Sheriffs, Coroners, Constables and other Officers, in 
the Several Counties of the said Province, and all others 
his Majesty's Liege Subjects, to be Aiding and Assist- 
ing the said Sheriff in Apprehending and taking the 
said Rioters. 

174-5. January 15^" The Sheriff of Essex by virtue of 
the said Warrant, and Also by virtue of Writts, Issued 
Letter of Jan. ^^^ ^^ ^^^® Supreaui Coui't, upou the Record 
22 1745-G from of the aforcsaid, at Newark aforesaid. Arrested 
Essex To%he -^^^^^'^^ Yomuj /Fhomas Sarjeant, & Nehe- 
AttorneyGen- uiiali Bcildwiii three of the persons Named in 
^sheriffs^Ac- ^^e Record aforesaid, and then proposed to 
CO' of the them to Enter into Recognizance, as the Said 

Riot N° 3 the tt-t , t -r-,^ . , , 

origmaiof WaiTauts aud Wrifcts required ;— The Said 
tSAss'X ^"''''^' ^ Baldwin pretended they had no 
friends in Town to do it, but would Send to 
their friends to come to do it with them;— Serjeant had 
a Brother in Newark Town, who Offered to be his 
Surety, but Serjeant absolutely refused to Enter into 
any Recognizance; wherefore the said Sheriff Com- 
mitted them to Newark Goal and he being, as well 
CoUonel of the Militia, as Sheriff of the said County, 
Ordered two of the Officers, of each of the two Com- 


pany's of foot, belonging to Newark, to raise fifteen 
men each, to guard the- Prison that night, which, with 
a great deal of trouble, was, at Last done, — And the 
Sheriff watched with them, himself, all that night. 

1745. January 16''' in the Morning Sundry of the 

Guard, who watched, wanted to be discharged, but the 

Sheriff refused to discharge them till other men were 

the Same S^^ ^^ relieve them, & Sent the Officers of 

proof as the the Guard to bring others, but they could 

Last Article , ' i ^ j.i o n " 

get none; wherefore the Same persons Con- 
tinued on Guard. 

About ten in the Morning of the 16*!' the said Sheriff 
Ordered Several persons present to Assist him, in Car- 
rying Baldwin, one of the Prisoners before a Judge of 
the Supream Court, as by the said Warrant he was 
directed, most of them made frivolous pretences, as 
that they had no horses, and could not go, and per- 
ceiving their Coolness to Assist him, he with all he 
could gett, which were only Major Johnson, Isaac 
Lyon, Daniel Harrison, and two or three more pro- 
ceeded with the said Baldwin, but before he had gone 
tv/o Miles, they were assaulted by a great Number of 
persons, with Clubbs and other Weapons, who, in a 
most Violent manner, rescued, and Carryed away, 
the Prisoner, tho they had been beat off for near a 
Mile distance, after the beginning of the Assault, 

The Sheriff and his Assistants then returned to the 
Goal, to Secure the other two persons there, and had, 
then, for that purpose two Captains, three Lieuten- 
ants, five Justices of the Peace, two Constables, and 
about twenty Six Soldiers, well Armed; but by two of 
the Clock in the afternoon, the people gathered to- 
gether in Town, to the Number of about two hundred, 
every one having a Clubb, where upon two Justices at 
the Sheriff's request, went to them, and asked the 
meaning of their meeting, together in Such a Manner, 
they Answered they wanted the other two prisoners. 


The Justices Used persuasions with them to disperse, 
but to no Effect, wherefore, the said Justices Com- 
manded Silence, and one of them read the Kings Procla- 
mation Api^ointed by the first of King George against 
Riots, & Acquainted the people wdth the bad Conse- 
quences of Such proceedings, but they paid no regard 
either to the Proclamation or to what was Said to 

Two of the New Captains of the Newark Companies 
by the Sheriffs Order went with their Drumms, to the 
people So mett, and required all persons there, belong- 
ing to their Companies, to follow the Drums, and to 
Deff end the Prison, but none followed, tho' many there, 
upon which one Amos Rohards of Newark, mounted 
his horse, and in words to this or the Like Effect, hol- 
lowed out, Those who are tipon my List, folloiv me; 
which all, or the greatest part, did, their Number then 
was Esteemed to be about three hundred. 

The Said Rohards and Several others Came from the 
Multitude So mett, to the Sheriff on Guard at the Goal, 
and said they came to know upon what Terms he 
would Let the prisoners out? who answered on their 
giving Surety for their Appearance At the next Su- 
pream Court, and no otherwise and would send to jVP 
Justice Bonnell, Second Judge of the Supream Court, 
to Come and take the Security, if they desired it; 

Whereupon, they returned to the Multitude, who, 
between four and five of the Clock in the afternoon. 
Lighted off their horses, and came up towards the 
Goal,' huzzaing and Swinging their Clubbs. 

The Officers ordered the Guard to face them, and 
when they came within ten yards, the Soldiers were 
Ordered to present and Cock, their firelocks, which 
were charged with powder & ball. 

The Multitude drove on, till they came within reach 
of the Guard, & Struck them with their Clubbs, and 
the Guard (having no orders to fire) returned the blows 


with their Guns, and Some were wounded on both 
sides, but none Killed. — The Multitude broke the 
ranks of the Soldiers, and pressed on to the prison 
door, where the Sheriff Stood with a drawn Sword, 
and kept them off, till they gave him Several blows, 
and forced him out from thence. They then, with 
Axes and other Instruments, broke Open the Prison 
door, and took out the two prisoners, As also one other 
Prisoner, that was Confined for Debt, and went away; 
The Eioters Said that, if they had Staid till the next 
daj^ they Should have had three or four times that 
Number, to their assistance. 

The Sheriff, with the Justices of Peace present at 
the Said Last Kiot, made a Record thereof, 

Attorney ji • t-- • x xi -u 

Gen, State & upou their owii V lew, against the above 
Copy of Rec- Qieiitioued Amos Robards & iifhi one others 

ord in bundle ././-< 

by Name, Inhabitants of Essex County, and 
Six others by name, Inhabitants of Morris County, 
and others to them unknown, to the Number of three 
hundred persons, at the Least. 

The Governor having received proper information of 

the said Last Riot Communicated the Same to His 

Majestys Council, who were of Oppinion the Aid of 

the Legislature was necessary, to put an Effectual 

Stop to so Dangerous an Evil, and therefore Advised 

him to Lay the matter before them for that purpose. 

1745. Feb 17"^ in the News Paper, Called The New 

the Post-boy York Weekly Post Boy, a paper is printed 

offeb. 17'" as from the Rioters declaring the occasion 

thereof "is ^ (as is there said) of these Riots. 


1745. March 4'" His Excellency the Governor made 
printed Min- a Speech to the assembly (the former hav- 
biy^N" 2 here- i^g beeii by him Some time before disolved) 
with page 6. in which there is this Paragraph 

"His Majesty's Attorney General will Lay before 
"you an Account of a Late Riot, or rather Insurec- 


"tion, at Newark; this was a natural Consequence of 
" one that was Some tmie before that; and, tho' I did 
"what, by Advice of his Majesty's Council, they 
" Judged, at that time, Sufficient to put a Check to an 
" Evil that had too great a probability of growing big- 
'' ger, and to prevent its doing So, yet (as appears) it was 
'I without the Effect intended— So Open and avowed 
"an Attempt, in defyance of the Government, and 
" Contempt of the Laws, if not high Ti-eason, —makes 
"So nigh approaches to it, as Seems but too Likely to 
"end in Rebellion, and throwing off His Majesty's 
"Authority, if timely Measures be not taken to Check 
" the intemperance, of a too Licentious Multitude, I, 
"therefore, recommend this matter to your Most 
"Serious Consideration. 

1745. March 11"^ The Assembly made an Address to 
printed Min- ^'^^^ Said Excelleucy in answer to his Said 

"pagTi3^ SP^^ch in which there is a Clause in the fol- 
lowing Words 
" The papers giving an Account of the Riot at New- 
"ark, and the Letters from the Governors of New 
" York, Boston, and Louisbourgh, are now under our 
"Consideration, and we have Ordered a Bill to be 
"brought into our house for the better Setthng & 
"Regulating the Militia of this C^olony of New Jersey, 
" for the repelling Invasions & Suppressing Insurec- 
"tions & Rebellions, which, we hope, will be formed 
"in Such a manner as may Effectually discourage 
" tilings of that Nature, and we Shall Chearfully joyn 
" the other branches of the Legislature, in any Such 
" further measures as we can Conceive necessary for 
"the more effectual Suppressing and discouraging all 
" Such Dangerous proceedings, or in any thing that 
' ' may be proper and necessary for Us to do for the 
"Security of this Colony, or the Assistance of our 
" Neighbours if there should be occasion. 

1746. April 9^'' there was delivered to his Excellency 


a printed ^^® Govemor, and to each of the members 
Copy thereof of his MaJBSty's Oouiicil & of the Assembly 
a Copy of a Publication, by the Council of 
Proprietors of East New Jersey, dated the 25V' day of 
March Last, in answer to the before mentioned paper 
printed in the Weekly Post Boy of February 17th, 

174(5. April 9'? The Council received information that 
tho' for Six years past, no Indian men had lived near 
Cranberry, but Andrew & Peter, and that only two 
Deposition of uiore had Lived for many years before that, 
James Biain vi^]^o botli, f Or misdemeauors by them Com- 
mitted, removed thence to Crosswicks, yet, within a 
few weeks before that information, there were come 
forty fighting men of Indians to Live there; that, about 
three weeks before that information, one Indian came 
there who had a blue Laced Coat on; which, it v*/^as 
Said, he had got, as a present from the Governor of 
Canada, and he Lodged in the Informant's house one 
Mght; and Some of the other Indians told the Inform- 
ant that he was a King of some Indians on Delaware, 
and that he was come to View that place, and was to 
come and Settle there with his Indians, and that they 
expected they would be about Three hundred Indians 
there, in all, that the Neighbours there about were ex- 
tremely Alarmed, at this Number of Indians Coming 
to Settle there, where its Esteemed impossible for such 
a Number to Live, without Steahng or killing their 
Neighbours Creatures. 

That the Cause pretended, for Such a Number of 
Indians coming to Live there, is, that they are to be 
taught the Christian Kehgion, by one MT Braniard, 
and for that purpose they are to build a Town, a 
Church, and a School house, upon the Land there of 
one John Falcouar, of London, Merchant, of which In- 
formation upon Oath a Copy was given to one of the 
Members of the Assembly, to Shew it to the rest 

Whatever truth there may be in tlie pretence for 


those Indians gathering together, in that place, near 
the very Center of this Province, We know not, as 
we are well assured that the said W: Braniard has 
never made any application to this Government, for 
Leave to gather those Indians there, or to give any 
Notice to it of Such design but that information being 
Compared with what is AUedged in the pubhcation 
aforesaid of the Council of Proprietors page 6'^ Colum 
1 Line SO'^ to 46">, and 8"' Col: 2'1 Line 15*.^ to 47'.'\ with 
this, that the Indian, whom the Committee of the 
Rioters procured to Sign those writings there men- 
tioned, We have good information was the same An- 
drew, the Indian Living near Cranberry, w-ho, till 
within those few weeks, had no Indian man Living 
near him, other then the said Indian Peter, and these 
things being Compared with the threats of the Rioters 
given out at their Riot in September 1745 Demon- 
strate, that the Threat of their having the Assistance 
of a hundred Indians, to Support their pretentions, 
which was Esteemed ridiculous and impossible, for the 
reasons before, is by those means like to become possi- 
ble, and as the Same Andrew, whom the Committee 
of the Rioters were tampering with in February was 
twelve Months, is the head of them, and pretends to 
give those Indians the Land they are to Live upon, its 
Submitted how probable it Seems that this gathering 
of those Indians there may be in Consequence of what 
has been Concerted between the said Andrew and Said 
Committee, which matters, so Concerted, must prob- 
ably have been the foundation of the threat aforesaid 
April 15"^ 1746. An Act for better Setling and Regu- 
printedMin>« latiug the MlKtia of the Colony of New^ Jer- 
of Assembly scy for the Repelling Invasions and Su- 

N" 2 25 . 

pressing Insurections and Rebellions was 
finally past by the Council and Assembly— of which a 
Copy is herewith— and tho a good Act, yet the Coun- 
cil conceived, it fell far Short of being; a,n 

N" 3 " 

Adequate remedy for the preventing for the 


future the Like Eiots as those two that had then Late- 
ly been committed at Newark and therefore brought 
in a Bill to the Council, to Supply those deffects, 
which Bill was nearly in the words of the Statute of 
Great Britain of the first of King George against Riots, 
Expressing the Differrence of the Occasion thereof, 
and, instead of being perpetual, as in Great Britain, 
proposed it to be only in force for five years— which 

printed Mill- ^^^^ ^^^ P^^^ ^J ^^^ Couucil, and on the 
oi Assembly. 2-4*.'' of April 1740 Seiit down to the Assem- 
bly lor their Concurrence 

1 74r». April ] 7'-' was brought into and Read in the 
Minutes of Assembly a Petition dated March 12"' 1745-0 
Assembly No. Said to be by the Petitioners Subscribing, 
- page ~ inhabiting chiefly the Northern parts of this 
Province of New Jersey with great Numbers of Names 
Sowed & pasted to it, which had been subscribed to 
Some other writings, as Evidently appears by some of 
the Latter words thereof Still remaining; but what 
these other writing were, to which the Names were 
Signed, appears not, and Multitudes of those Names 
are of one person's hand writing. 

At Same time, was brought into the Assembly, and 
read, another petition. Signed by eight persons, Stiling 
themselves to have been chosen, by a great Number of 
the Inhabitants of the Northern part of this Province, 
a Com/inittee, to represent and Act for them, in Such 
Negotiations as might be thought proper tfec: 

That John Lowe Esq!', one of the Members of the 
Assembly, was one of the Committee of the Rioters, 
and acted as such, both before, and after, the said 
time; by Sundry papers herewith will Appear 

1740 April 20 The said two Petitions were read a 

Printed Min Sccoiid time, upou which occasion M'.' Sam- 

N" 2. page 31 uel Nevill one of the Members of the Assera- 

j'p Nevi'u's ' bly, and one of the General Proprietors botli 

Speeches ^f \\-^^^ Eastem and Western Divisions of 


printed in the ^^^ Jersey, SpolvC to them, and answered 

New York them paragraph by paragraph, a printed 

i9ti> & 26'" Copy of whose Speech is herewith. Including 

174G. herewith the Said two Petitions Verbatim, in the body 


Upon which petitions, and M'- NevilFs Speeches in 
Answer to them, We beg Leave to Eemark that the 
first of these Petitions has these words 

' * For which reason We humbly and Earnestly beg 
4"' Column of (having our Eyes to the Legislative Powers, 
Postboy of ''from and by whom, our Eights Propertys 
^^^■"' "and Priviledges have their rise & Sup- 

port &c: 

Upon which Mi' Nevill, in answer, observed thereon 
the Danger of Such an Attribute, to any Under his 
Majesty, and the Necessity of a Censure thereof by 
the Assembly; &, near the end of his Speech on the 
Second Petition, insists on that, as a reason for the 
rejecting both petitions. 

The first Petition has, also these Words. 

"And, in the meantime, that all our past iniscon- 
'* duct (if Such) and intemperate Zeal, we have any of 
' ' us been Guilty of, may pass away, Under an Act of 
" Indemnity etc: In Answer to which M!" Nevil 

declared there, he Should be farr from opposing a par- 
don to the Petitioners, but Should rather promote it; 
and at the End of his Answer to the Second Petition 
Concludes thus: 

" I further move that this Honourable House would 
"be pleased to Apply to His Excellency the Governor, 
"either by a Short address, or Message, as they Shall 
" think proper, to Extend his Majesty's Mercy to those 
" people, by a General pardon, Under Such Restric- 
" tions, and upon Such Conditions, as to his Excellency 
" Shall Seem proper." 

We also beg Leave herein to say that, to our Knowl- 
edge, in Expectation that the assembly would have 


made Such Address, or Seat Such a Message An Act of 
Indemnity was prepared, and the form thereof approved 
of by the Late Governor, by which, all Concerned in 
the said Riots, without any one Exception, was to be 
pardoned, upon their taking the Oaths to His Majesty 
appointed by the Laws of New Jersey, and giving their 
own Single Bonds, without any Security with them, 
to be of the good behaviour, which, with the said Bill 
for preventing Riots for the future. Sent down to the 
Assembly on the 24^'' of April, it was hoped would, 
intirely, restore the Peace of the Province, and Suffi- 
ciently prevent the Committing the Like Riots for the 

Minutes of ^^^ thcsc Expcctatioiis Were blasted, for 
Assembly N", that 1746 April 28*? it was put to the Ques- 
'^^^^ ■ tion in the Assembly, without any reply to 
M' Nevills Said answers, whether the said Petitions, 
together' with the proposeals of the said Committee, be 
sent to his Excellency the Governor in Council, accord- 
ing to the prayers of the Petitions, or not, & it passed 
in the Affirmative (of which proposeals no mention is 
made in the minutes of the Assembly, before that day, 
nor does it appear that, on that Day they were read, 
nor who brought them into, or Offered them, to the 
House, or when) whicli papers were accordingly deliv- 
ered to his Excellency, with a message, to the above 
purpose, without any the Least hint or request of an 
Act of Grace, or Pardon for the Petitioners. 

And for that on the P* of May 174(;. upon 
utesof Assem- the Sccoiid Reading of the said Bill in the 
biyN» 2, page Assembly. for preventing Tumults and riot- 
ous assemblys, it was Ordered to Lye on 
the Table, to be reconsidered at the ne.rt Session and 
Ordered to be printed in their Minutes. 

By which, all hopes of restoring the Peace of the 
Province, and preserving it for the future, during that 
Session of Assembly, vanished. 


1746. May 2^ The Council rceived infor- 
as's informa- mation that the mfection of the Newark 
tion Signed by Riots was Spreading into the Province of 
New York, for that one man there, by 
Encouragement from the Rioters, had, in the month 
past, purchased about one thousand Acres of Land 
from the Indians, part of a Tract of Land Granted 
under the Seal of that Province above forty years 
agoe, &, with Sixteen Indians liad Entered on it, and 
girdled about three hundred trees of fine timber; that 
that man and others are Endeavouring to draw other 
people in that Province over into the Same Course, 
Assuring them that the Indian Right would be found 
the only Right, and that the people of Newark had 
agreed to Stand by one another, to Support that 
Right, and had a paper of peoples Names, who had 
so agreed, and that they need only Send down their 
Names, to be put to that paper, and they would Stand 
by all Such persons. 

Affidavits of l''^^- '^^J '^'' '^^^ Council Received 
Ralph Smith information that tlie Infection of the New- 
& wn, Brown ^^.^ Riots was Likewise Spreading into West 
New Jersey; for that the people, Seated on that hun- 
dred thousand Acre Tract in the County of Hunter- 
don, belonging to those Proprietors in and about 
London, CaUed the West Nevv^ Jersey Society, within 
a fortnight then Last past, had two great meetings, in 
order to Agree to Stand by one another in defence of 
their possessions against the said Society, tho they 
were Seated on those Lands by Lease for years from, 
and under, the said Society, that they had agreed to a 
paper for that purpose, and about Seventy had Signed 
it at their meeting on the 26'" day of xipril, that one 
Article of the Paper was, that if any person, Seated 
on the said Tract, Should refuse to Sign that paper, 
that he Should be, by the rest, dispossest, and his 
Improvement Sold by them, to the liighest bidder. 


that about ten or a Dozen of them were observed to be 
riding continually backwards and forwards, to and 
from Newark, Elizabeth Town and Cohansey, where 
the Said Society have other Lands, & its believed in 
Order to unite all in one Combination 

May 1 74(> M-" Chief Justice acquainted the Council 
that His Excellency the Governor had Ordered him to 
Lay before the Council the said two petitions, pro- 
poseals and Message, for the Advice of the Council, what 
he Should do concerning them, and accordingly Laid 
the Same papers before the Council for that purpose, 
1746, May 21^' His Excellency the Governor died, before 
any Oppinion of the Council was given on the said 
Petitions, and proposeals, and as the Proprietors of 
East New-Jersey were the only persons who could 
properly answer the said Proposeals, The Chief Justice 
communicated a Copy thereof to them, whose Attor- 
ney has Lately Communicated to us what they have 
done, in pursuance of the said proposeals, with Copys 
in Writing as follows Vizt 

coppiesof N° 1. a Copy of the Proposeals of the 
these coppies Riotci's Committee, Sent by the Assemblv 
are herewith ^^ ^^^^ ^atc Govomor, by which they Offer to 
accei)t of the proposals mentioned in the penult para- 
graph of M'' Ogden's Letter printed in the Publication 
of the Council of Proprietors page 9; and by which 
proposals they dtny Notice of the matter of that Para- 

N° 2. is an Affidavit of a man of unquestionable 
Veracity that he delivered the Notice of the Matter of 
that paragraph, to two of the Kioters Committee. 

N" 3. is a Copy of a Letter, wrote by order of the 
Council of Proprietors of June 30'" 1746— Offering to 
Comply with the said Proposals of the Rioters Com- 

N° 4 is Copy of an Affidavit of Service of the said 
Last Letter, with a Declaration in Ejectment, pursu- 


ant to the said proposals The Attorney of the Council 
of Proprietors declares that their Council prepared 
their part of a Special Verdict, according to the said 
Letter of June 30^'' That their Attorney attended the 
lirst day of August Term to enter into the General 
Rule, with Securities ready to be given on their part, 
but no person came on the part of the Rioters, where- 
fore, on that Day, in]ediately before rising of the 
Court, the Action was Entered in the Minutes of the 
Court, and the Defend' was Solennily Called, but no 
body appeared for the defend' of which an Entry was 
made in the Minutes of the Court. 

N" 5. was delivered the next day by Nathaniel Camj) 
one of the Rioters Committee, to Elisha Parker attor- 
ney for the Proprietoi's, requesting them to quiet one 
of their Council, &c. 

N^ 6. is an answer to the Last paper, giving reasons 
why the Proprietors could not part with one of their 
three Council, & proposing the means of Saving the 
Loss of time, likely to ensue by the Rioters their not 
Joyning Issue in the Action brought at their request; 
at end of this is Copy of a Certificate of the Delivery 
thereof to Nath' Camp. 

N? 7. is an Affidavit, by the Attorney of the Pro- 
prietors, that no Application was luade to him, or any 
of the Council at Law of the Proprietors, before 
November Term last, in pursuance of N° B; and that 
during November term Last, no motion was made in 
Court for having Council appointed by the Rioters 
Committee nor any for them nor any Application by 
them to him or any of the Proprietors CV^uncil ever 
Since November Term. 

From all which, its inferred that the Said Proposeals 
N" 1 were intended by the Rioters to Amuse the 
Assembly and Late Governor and to Excuse them- 
selves for the refuseals of Complying with the fair 
offers appearing by the Proprietors Publication of 
March 25"' to have been before made to them. 


The Late Governor Lewis Morris Esq- having as 
before mentioned Departed this Life, on the 21" of 
May 17-16, The Government of the Province thereby 
devolved on John Hamilton Esqr the Eldest Conncel- 
lor, and first named in his Majestys InstructioQS to the 
Late Governor, who was sworn into the Administra- 
tion accordingly. His Hoiinour the President Ap- 
pointed a meeting of the Assembly on the 11^'' of June, 
who accordingly met & proceeded upon business, & on 
the 28^'' of June, by Advice of His Majesty's Council, 
he made a Speech to them wherein among other things 
are the following words 

Printed Min'» "There have been two most notorious 
Ne4. 22. '' Riots at Newark, in the County of Essex, 
' where his Majestys Authority and Laws have been 
' treated with the greatest disrespect and Contempt, 
' His Goal there was twice broke open, and the pris- 
' oners, therein Lawfully detained, were taken out, 
' and Carried away in Triumph, His Majesty's known 
' Officers beat and abused, in the Lawful Exercise of 
' their Offices, and this was done, at one time, by 
' about one hundred and Fifty, at the other, b}^ 
' upwards of three hundred men, and at both times, 
' they gave out that they could have twice the Num- 
' bers, if they were necessary, and all this was done 
' for no other reason but because a man was Sued 
^ in a Common Action of Trespass, for cutting Tim- 
' ber, on Some Lands that he had a Claim to, and it 
' was then, and I am told is now, given out, that 
' these people will not Suffer any Legal Process to be 
' Executed, on any man that Lives on Lands held by 
' an Indian Right, and boast that their Numbers are 
' So great that they are not aff raid of being punished 
'for these Crimes; all the methods that it was pru- 
' dent for the Government to Use, have been taken, 
' to put a Stop to this growing Evil, and it Appears 
' that they have all proved ineffectual, and it has not 


"been in the power of the Government, hitherto, to 
" bring any of the Dehnquents to Justice; Upon this, 
" I think it my Duty to observe to you that So open & 
"• avowed an attempt, to throw off their dependance 
' ' on the Crown of Great Britain, and flying in the 
"face of the Government, and obstructing the Course 
" of Legal proceedings, and owning and avowing this, 
" and boasting of their Numbers and Strength, to pro- 
" tect themselves against the Law^s, is of Such Dan- 
"gerous Consequence to His Majesty's Authority, in 
"his Plantations, that, unless we fall ujDon measures 
"Effectually to punish it for the time passed, and by 
" Severe Laws to prevent things of that nature for the 
"time to come. We shall have reason to fear the 
" Resentment of His Majesty and a Brittish Parlia- 
" ment, which may be too heavy for Us to bear. 

" I, therefore, in his Majesty's Name, Recomend to 
"you to proceed with the utmost Dispatch, in Such 
" Vigorous measures, as may be most conducive to 
"restore the Peace and Tranquility of the Province, 
"that the Laws may have, again, their due Course, 
" and his Majesty's Subjects may be again at Liberty 
" to take the Benefit of those Laws. 

On the 5'.'' of August 1746 Sundrv persons 

Deposition <=■ " , 

of Edward in the County of Bergen, being (as is 
jefEers. guposcd) Eucouraged by the aforesaid Riots 
passing with Impunity, went. Armed with Clubs, to 
the House of one Edward Jefferries, in Said County, 
and there threatned to Club him out of possession, 
Unless he came to Some Agreement with M'.' Valleau, 
a person then present, who pretended a Title to the 
Lands on w^hich the said Jeffers was Setled; and the 
said Jeffers being apprehensive they would Execute 
their Threats against him, and turn him and his 
Family out of Doors, Consented to take a Lease from 
the said M'" Valleau for Two hundred Acres of the said 
Land, tho he was in possession of the said Land, and 


had made Improvements upon it, by Leave from the 
Proprietors of the Eastern Division of New Jersey, to 
whom the Land belonged. 

Deposition of In the month of September 1T4() a Num- 
Eiisha Parker. \)Qy qI pei'sons, part of those who are Com- 
monly Called the Newark Rioters, in a forcible man- 
ner, turned out of ijossession Several people that were 
Setled on a Tract of Land in the Said County belong- 
ing to John Burnet, and regularly vested in him by 
Title under the Crown of Great Britain, and put other 
people in possession of the places they were Settled 
upon, for which forcible dispossessing, Several of the 
people therein Concerned w^ere Indicted by the Grand 
Jury, at the next Court of Quarter Sessions, held at 
Newark, in and for Said County. 

Printed Min- ^" ^^^^ ^"' ^^Y ^^ October His Honnour 
utes Ne 4. the President Called the Assembly together 
at Amboy, and the next day Sent a message 
to them wherein among other things he refferrs them 
to his Speech made to them on the said 28"' day of 
June, which Speech was, on the Same day, read in the 
assembly, and referred to a Committee of the whole 

Printed Min-- ^^^ ^^0 first of November 1746, The House 
N" 4,38. of Assembly, without doing any thing in 
relation to the Riots, Sent a message to his Honnour 
the President, Acquainting him that their house had 
gone thro' all they could conveniently do, at that time, 
and therefore desired His Honnour would be pleased 
to dismiss them, which was accordingly done, 
n^v^^oifi^^c ^f Some time in June Last one Ah rah am 

Depositions of 

Sheriff & un- Audersoii was arrested by the High Sheriff 
der Sheriff &c ^^ gomerset County, by Virtue of a Writ 
Issued out of the Supream Court of this Province, at 
the Suit of the Executors of Daniel Coxe Esq,"' & for 
want of Bail, was Lockt up in the Prison of the said 
County, and there remained untill the Second day of 


DecemU following, on which Said Second day of 
December a Body of men, to about the Number of 
one hundred (who chiefly belonged to Newark in the 
County of Essex, and Maidenhead in the County of 
Hunterdon, which two places are about Fifty miles 
a part, and both many miles distant from the said 
Prison) did come to, & in a Violent manner break 
open, the doors of the said Prison (having first, in a 
haughty and imperious manner, demanded the pris- 
oner) and then & there Set at Liberty the Said Abra- 
ham Anderson, therein Confined — 

The greatest part of those Eioters came from New- 
ark, who on their return from Somerset formed a 
Design of coming to Amboy, to pull down the house 
Depositions of ^^ Samuel Nevill Esq|' one of the Judges of 
sami Nevill the Court of Commou pleas for the County 
^'^ of Middlesex, if the said Samuel Nevill 
Should refuse to deliver up, to Thomas Clawson, Cer- 
tam Bonds, wherein the said Clawson Hood bound to 
the said Nevill, for the payment of a Considerable Sum 
of Money due to the said Nevil, as the Consideration 
for a Tract of Land by him Conveyed to the said Claw- 
son, which dessign Some of them were for putting in 
Execution imediately, but others thought proper to 
deffer it, till the said Bonds were first demanded of M' 
Nevill, and it was thereon agreed that the Demand 
Should first be made, and if M'-' Nevill refused to 
deliver up the bonds, that their design should, then, be 
put in Execution And accordingly on Friday follow- 
ing, being the fifth day of December, the said Clawson 
(and one other person Vv^ith him) did come to the said 
Mr Nevill and demand of him the bonds aforesaid, 
Saying he would have them if he dyed for it 
Minutes of On the 8'?" day of December The President 
Council Called together His Majesty's Council, and 
Laid before them the information he had received, 
concerning the breaking of Somerset Goal, and the 


Dessign against M' Nevill, — who thereupon advised 
his Honnour to Issue his Warrant to the Sheriff of 
Middlesex, to aprehend the said Clawson, or any per- 
sons that Should assemble themselves to Execute their 
threats against M' Nevill, and, if needfull, to raise the 
Posse of the County, and to arm &, array them in a 
warhke manner, which Warrant was accordingly 
Issued, and a Copy of it, and of the Instructions for 
Executing the Same, are herewith 
Minutes of His Hounour the President was pleased, 
Council a^ tj^e Same time, by advice of Council, to 
Issue a Proclamation, in his Majesty's Name, forbid- 
ding all persons to Joyn with the said Pioters, or to 
Mssist, Council or receive them, or any in Combination 
with them, and Commanding the Sheriffs of the Sev- 
eral Countys within the Province that, in Case any 
Number of men Should unlawfully assemble them 
Selves, in any of the Countys, to the Disturbance of 
the Kings Peace, that they Should raise the Posse of 
their respective Counties, to Suppress Such Unlawfull 
assembly. — 


Letter from James Atevander and Robert Hunter 
Morris, two of the New Jersey Council, to the 
Lords of Trade — giving an account of the Con- 
dition of the Province. 

[From P. R. O. B. T. New Jersej-, Vol. V. F HI.) 

Dec!' 24 174(1 

My Lords, 

Upon the Death of Lewis Morris Esq'' Late Governor 
of New Jersey, The Administration of that Govern- 
ment Devolved on John Hamilton Esq! the Eldest 
Councillor, who being in a very ill State of Health has 
requested us who are of his Majesty's Councill to Lay 
the State and Condition of that Province before your 

We therefore beg Leave to Acquaint your Lordships 
That in Obedience to His Majesty's Commands Signi- 
fied by his Grace the Duke of Newcastle to Raise a 
Body of Troops in the Northern Colonys, to Act in 
Conjunction with a Number of his Majesty's regular 
forces against Canada, The President The Councill 
and Assembly of New Jersey in June last Chearfully 
made provision for Raising 50(» men, for Victualling 
them, and for Transporting tliem to Albany the place 
of Rendezvous — and Lent the Government £10,000 to 
Enable the President to furnish them with Arms 
Cloathing and other Necessarys.— 

The President upon this gave Warrants to Several 
Gentlemen to raise Companys and their diligence and 
Success was Such that in Less then three Months, the 
whole five Companys, were Complete, and on the 0*" 
of September Last arrived Safe at Albany with Pro- 
vissions and all other necessarys, and Still continue 
there and have Since been Supply'd with Provissions 
Sufficient to Last them till the next Spring. 


[The internal Peace of the Province has been greatly 
disturbed of Late by a number of people who have 
Seated themselves by Sufferance on Lands for which 
they have no title under the Crown of Britain and 
have Set up a title to the Lands they possess under 
Deeds procured from Indians without any Lycence for 
that purpose from the Government. 

These Indian purchases have been made in direct 
Contradiction to the Royal Instructions agreed on at 
the Surrender of the Proprietory Governments of that 
Province to the Crown, and in open Contempt of two 
Several Acts of the Legislation one passed in E Jersey 
in 1683, Declaring Such Treatys with the Indians to 
be Criminall «&; Seditious, and the other pass'd in 1703 
Declaring them void and Laying a Severe penalty upon 
all Concerned in making them. 

This Pretended title these people have taken upon 
them to Support by force and for that purpose great 
numbers of them have associated themselves together 
and engaged to defend each others possessions & to 
hinder any Legal process from being Executed on them 
in Consequence of which Association they have Com- 
mitted Several great Riots, have broke open the Goals 
of the Countys of Essex and Somerset Dispossed 
Several people of their Lands and Committed man}^ 
other disorders to the great disturbance of the Peace 
of the Province and in High Contempt of the Kings 
Authority and Laws. 

Two of these Riots Happen'd during the Illness of 
the Late Governor who was So apprehensive of the 
Consequences of them that he took all the prudent 
Steps in his power to put a Stop to so great an Evil 
And Recomended it very strongly to two different 
Assembly s. but the Government was too weak to 
bring the Delinquents to Justice, and the Assembly 
declined doing anything Effectually to put a Stop to 
So dangerous an Evil what motives influenced them 


not to Jovn in the Measures proposed to pi-event the 
Like Eiots for the future we dare not take upon Us to 
Determine. ] 

Your Lordships will receive with this a State of the 
Facts relating to the Several Riots and other disturb 
ances of the Peace of the Province which will Let your 
Lordships more fully into a knowledge of this matter 
than we can pretend to do by a Letter. We have an- 
nexed to it Some of the Vouchers of the facts therein 
Set forth, but the Minutes of the Council & Assembly 
which are the Chief Vouchers We have been only 
able to procure one Copy of them in the Short time 
since the Presidents said request to us, which we now 
Transmit to His Grace The Duke of Newcastle with a 
Copy of the said State, our utmost Endeavours shall 
be used to provide other Copys for your Lordships to 
go by the next Ship which is expected to sail in a few 

[We would only Observe to your Lordship that as 
the Infection is daily Spreading it will probably soon 
over spread the whole Province of New Jersey, and get 
into the two Neighbouring Provinces of New York and 
Peiisilvania and may in its Consequence greatly affect 
the Dependance of the plantations on the Crown of 
Britain if timely Measures are not taken Effectually 
to stop it.] 

The Officers of the Government of New Jersey 
been vcathout any Support or Salarys to Enable them 
to Execute their Offices ever Since September 1744 and 
so they continue to be which we conceive to be Chiefly 
occasioned by the Council and Late Governor's re- 
fusals to pass an Act for making Cm-rent £40,000 
pounds in bills of Credit, which Act was several times 
past by the Assembly and as often refused by the 
Council or Governor because they conceived it would 
be greatly to the Destruction of the Properties of the 
People of New Jersey and of all his Majesty's Subjects 


to whom they are or may be Indebted and because all 
that time the frauds and abuses of paper Money in the 
Plantations were under the Consideration of the Brit- 
tish Parliament 

We are Your Lordships Most Obedient 

and most humble Servants 
Ja: Alexander 
RoBj H. Morris. 
Eight Hon''-'' Lords Commissioners for Trade & Plan- 

[Similar letter, dated Dec. 23d, to the Duke of New- 
castle, is in N. Y. Col. Doc, Vol. VI. p. 320.] 

Letter from Ferdinand John Paris to James Alexander. 

[From Papers of P. J. Paris in the N. J. Historical Society Library.] 

Surry Street, 14, Feb 17, l746[-7] 

Sir (Extract) 

On Tuesday last yo- New Gov'' (for the first Time, 
for ab- 5 months, during all which [time] the Matter 
had layd quiet) went to the Secretarys Office, & com- 
plained, of the Delay, given to his Instructions, for 
that he wanted to go over to his Governm^ as the now 
next Month. They told him, very readily, why they 
were stopt, viz' for Non payment of the Fees, ife that 
they wondered that, neither himself or his Agent, 
had, in so great a Length of Time ever been after 
them. He pretended to be greatly surprised, at the 
Cause of the Delay, and imediately deposited 200' , & 
told them, they had but to tell him, as any Money was 
wanted, & it should be imediately supplyed. This 
unexpected Supply sett the Wheels into Motion, & 
there being a Council yesterday, his Instr'ns were then 
approved, & signed. Those particular Instructions 


which You so much insist upon, for the Benefit of the 
Proprietors, stood in the late Gov' Morris's Instruc- 
tions—the 89, 90, & 91^.* Instr'ns: They stand now 
Verbatim, the 84 85 & SQ'"} in the present Gov": Belcher's 
Instr'ns * •• * - So that, that part of Yo^ Affair 
is quite over & I shall trouble You no further, in 
Respect of the same, only to mention that Gov""" 
Brother in Law had been down, preaching, in York- 
shire, for nearly 5 Months past, where, I doubt not, he 
had represented the great Services done by the Gov 
heretofore, to the Quakers in Boston, of the further 
Services, that he was to do, to the Quakers in New 
Jersey, & had, by that Means, as it is i-easonably be- 
lieved , raised this Supply; For the said Agent came 
back, from that Expedition, but last Saturday Night, 
& on Tuesday Morning, the Gov' took this most unex- 
pected Air, of being so very ready to pay the ffees foi' 
his Commi" & Instr'ns, which but a Week ago every 
Officer would have been extremely glad to have taken 
half ffees for. ■"•■ " ■■ ^^ * 

Mr. Catherwood yesterday, bro' me Yo"" Favour of 
the 29^" Dec^ & a Packet from Yo' Good Self, contain^ 
Copys of the Councill's letters to the Duke of New- 
castle & Lords of Trade, & state of Facts & other 
Papei'S abo* the Riots in New Jersey. 

If I apprehend the orders from Yo' Self & M' Morris 
right, All that I am to do is, to put the Ministers in 
Mind of that Affair, which, from Time to Time, I will 
do; but I have already told You that I do not expect 
there mil be leisure to consider Things, which arise at 
so great a Distance from Us; And, if you can help or 
succour, yo"" Selves, may be, imediately, without wait- 
ing for Relief from hence, which wiU come very late, 
if at all. You have not, precisely pointed out what 
Relief You hope for, from hence. Other than mention- 
ing, loosely the sending over Forces thither; As to 
which. Our Great Men may possibly think, they can 


neither spare the Men or the expence, at this Time, 
And if that is the ReHef which You would have, I 
despair of obtaining it, even if I had more express 
Orders to soUicit it. * * * * * 

I think I have now answered every Part of yo"" sev- 
eral Letters which I have rec? and remain with great 
Respect, S[, 

Your most obedient hble Serv' 

Proceedings of the Council of New Jersey, March 19'* 


[From Papers of i'ames Alexander in Rutherfurd Collection, Vol. I, No. 4.] 

Att a Council held at Perth Amboy in the Prov- 
ince of New Jersey March 19'^ 1746 [1746-7] 

The Hon''.'® John Hamilton Esq"; Presid* 

Robert Hunter Morris Edward Antill [ -pcp,rs 
John Coxe ^ 

* * * * * 

His Honour Communicated to the Board a Letter 
he Received this day from Col: Peter Schuyler dated 
9"' Inst. Acquainting him of the Number of Men in 

' Ferdinand John Paris was a lawyer of some eminence and great influence in 
London. He had been Agent of the Eastern Proprietors for some years, in which 
capacity he gave great satisfaction. In 1734, when the appointment of an Agent 
for the Province was iinder discussion, he was an applicant for the position, but it 
was given to Richard Partridge, the brother in-law of Governor Belcher, whom 


the Several Companys under his Command by Returns 
made by the Cap'^ of s'' Companys, which he had 
Transmitted to his Honour, And appears to be as 
follows Viz^ 

In Cap' John Dagworthy's Company, Eighty five 
private Men on Duty five Dead, Ten Deserted, which 
with the three Commissioned Officers make in all One 
hundred and three. 

In Cap' James Parker's Company, Seventy two Pri- 
vate Men on Duty one absent on Furloe, two in the 
Fort at Albany, one discharged, Six dead Sixteen 
Deserted which with the three Commissioned Officers 
makes in aU One hundred and one — 

In Cap* Nathaniel Ware's Company, Eighty two 
Private Men on Duty, two absent on Furloe, one Dis- 
charged, three Dead, fourteen Deserted, which with 
three Commissiou'd Officers makes in all one hundred 
& five. — 

In Cap' Campble Stevens's Company forty seven Pri- 
vate Men on Duty, four Absent on Furloe, five in the 
Fort at Albany, twelve sick, twenty five Deserted 
wdiich with the three Commissioned Officers makes in 
all Ninety-Six Men. 

In Cap' Heary Leonard's Company, Eighty-five Pri- 
vate men on Duty — five Dead, Ten Deserted which 
with the three Commission'd Officers makes in all One 
hundred & three. 

he refers to. In a letter to James Alexander, under date of January 31st, 1731, 
he said: "I could \yish I had sooner known of the Legislature's Intention, and 
had had the benefit of an Acquaintance or Correspondence with a larger Number 
of the Coimcil and Assembly than I have, for then I should have asked their 
favour in appointing myself to that ofiBce. As it is, I am promist the kind 
recommendation of Some of my Friends in Loudon, and was offered a rccom- 
nieudac'on, also (If I could have accepted of it1 to the new Gov; (Montgomerie) 
But as I have often seen the Effects of our Colony's abroad appointing Agents 
recomended (or rather named) by their Gov'r vrhich are that such Agents are 
pay'd by the Coimtry ; but act only for the Govt. I could not make a Step so con- 
trary to my Judg'"." as to apply to his Ex7 For I think a free People ought to be 
represented by a free Agent." He was already Agent for Pennsylvania, whicli 
may have operated against him. He continued to represent the Eastern Proprie- 
tors till 1759. His papers were preserved by him in a systematic manner in books 
and packages, and are now m the New Jersey Historical Society Libraiy.— Ed. 


Letter from David Ogden to President Hamilton — 
transmitting affidavits, resjwctinq the Riots. 

IFrom P. R. O. B. T. New Jersey, Vol. V.l 

Newark April 22*^ 1747 


At the Request of Cheif Justice Morris I Drew the 
2, Inclosed Affidavits which pursuant to his Desire to 
Me I send you, the Last was drawn by the Directions 
of the 2 Deponents therein mentioned, to whom I read 
the same twice, who approved thereof, and then Signed 
the Same. I sent it by them to Justice Bonnel, to 
make Oath to the Same which they have done, this 
day I received the same from M' Bonnel, with the 
Enclosed Letter from said 2 Deponents Desiring me 
to alter the Addition to M' Cross's Name therein Men- 
tioned, which I Dont think Proper to take on me to doo, 
after the Affidavits are Made And Signed, since Said 
Addition is no ways material. I am Sorry Justice 
Bonnel did not alter the Same before they Made Oath. 

It was Currently reported among us the Begining of 
Last week, that the Mob were Determined on Friday 
last to turn Justice Daniel Cooper out of the Possession 
of his House and Plantation, whereupon Several of the 
Officers of Morris County both Civil and Military, with 
others, to the number of about 100 went to the House 
of Justice Cooper well armed with Guns &c. m Order 
to meet the Rioters. And oppose them by force from 
turning s-^ Cooper out of his Possession, the Mob or 
Rioters hearing of the force Raised against them did 
Not appear at that Day, but some say it won't be Long- 
before they will turn Justice Cooper and Many more, 
out of their Possessions, which I beheve will be the 
Case Unless Some Speedy Care be taken to prevent 


The Rioters have of Late given their Judgment in 
favoar of the York title, Against all others, being the 
Grant of M' Sonnians to Fanconiee & others which 
may affect the Possession of a Great number of Inhab- 
itants of Morris County if the Rioters Proceed as they 
thi'eaten, to turn those settled on the Lands contained 
within said Grant out of their Possessions. Unless 
they agree with the Grantee's of Sonmans or their 
Assigns, this Proceeding of the Rioters seems at Pres- 
ent much to animate the People of Morris County ag- 
the Rioters, and I Believe they would in General Assist 
the Authority in Sup])ressing them. 

I have thought of the following Step to be taken at 
this Juncture viz'. That a special Warrant Issue from 
the Government, for the Aprehending those Persons 
now in the Possession of Joseph Dalrimples Plantation 
with an [Act?] of Committment to Morris County Goal, 
and also an Order to the Sheriff of said County, to 
Keep a Strong Guard at the Goal, which I hope will 
have good Effect, not only to stop further Riots, in 
that County, but also to Convince the Rioters in the 
Several parts of this Province, that there are Men in 
the County of Morris that Dare Oppose them, which is 
Submitted to the Consideration of you and others con- 
cerned in Suppressing those Rioters, by 

Your Most Humble Serv^ 
David Ogden.' 

Province of Ne^v Jersey ss. Joseph Didrimple of 
Morris County in the Province of New Jersey being 
Duely Sworn before me Jose])h Bonnel Esq^ Second 

' ^^ was a grandson of John Ogden, one 

<^^ '~^ lQjf£^ t^-7^i "f the original associates of Eliza- 

OCJ OUC^^-^ O ^jy-^V-"^ f ■^-"'^ijethtown, and tlie ancestor of sev- 

y eral prominent men of New Jersey 

in subsequent years. At the time under review he was a resident of Newark, and 

a distinguished practitioner of the Law. Under liis guidance and instruction 

several eminent lawyers, connected with matters of importance to the l^oviuce. 

attained to eminence in their profession.-Hatfleld's Elizabeth. Lamb's New York. 


Justice of the Supream Court of the Said Province of 
New Jersey Saith that he for upwards of two years 
Last past has been and Still is in the Possession of a 
tract of Land Lying in Morris County being Part of a 
Patent to William Dockwra for two thousand Acres 
Lying in Pissiack River and that Said Deponent did 
Settle on and Possess said Tract of Land for said 
Dockwra's heirs under the Protection of the Council of 
Proprietors of East New Jersey, and has Given his 
Bond that he would at any time when Demanded 
yield and Deliver up Said Possession to the heirs of 
said Dockwra their Agents or Assigns, and this 
Deponent further says that on the Thirtyeth Day of 
March Last between the hours of ten and Eleven at 
Night Some Persons unknown to this Deponent came 
and knocked at the Door of his house when Said 
Deponent asked v\rho was there. Some one without 
made answer, that his Name was Abraham Hendricks, 
and wanted to Light his pipe, but this Deponent 
having heard, that Some of the Persons Concerned in 
the Late Riots within this Province, in favour of 
Indian Purcliases, and against the Propriefcers Titles 
in this Province, had threatened to come that Day & 
turn said Deponent out of his Possession of said Lands, 
was fearfull Least the Rioters were then at Said De- 
ponents Door, refused to Open his Door, that Imedi- 
ately on Said Deponents Refuseing to open his Door he 
heard the Voices of several persons, Demanding of 
him to open the Same, threatning him if he Did it not, 
that they would pull the Roof from off his house, that 
Said Deponent then told said persons that he would 
have them be Carefull in what they did Least they 
Should Indanger the Life of his Wife, who was with 
Child, and near Lying in. Some one or more of said 
persons, then told said Deponent that he might be 
thankfull because of the Condition of his Wife which 
was his present protection, or words to that effect. 


that then Some of S? persons tried with Some Instru- 
ments to push back the Bolt of the said Door, But 
finding that Ineffectual they prised said Door from off 
its Hinges, and ten or more of said persons came into 
said house, and ordered said Deponent and his Wife to 
go out of said House, with then- Child, being about 
one year Old; that said Depon* and his Wife Refused 
to go out, when some of said Rioters said they would 
turn them out by force, and one of them took hold of 
the Wife of said Deponent and Desired her to Walk 
out with him, when one Thomas Miller, who was with 
said Deponent in his house and not of the Rioters, 
begged they would Consider the Condition of s-' Depo- 
nents Wife, and not turn her out of Doors at that time 
of the night, and this Deponent further saith, that 
after a few minutes consideration said Rioters told him 
and his Wife that they might Live in said house four- 
teen days More and No Longer and Ordered said 
Depon' in that time to get another Dwelling house for 
him and his family and Leave said house, which If he 
did not do, they would at tlie end of said fourteen 
days come agam and turn him and family out of 
Doors; whereupon said Deponent replyed that he 
would not go out, having Given Bond to Deliver up 
the Possession to the Proprietors; Said Rioters then 
Ordered Said Deponent not to L^se or Improve any 
part of Said Tract of Land for the future And then 
Justiiyed their course of proceedings in turning per- 
sons Settled on Proprietors titles out of their posses- 
sions, and wished they had began it Seven years past. 
Saying it would have been for the Benefitt of the 
Country, after some other Discourse passing, the said 
Rioters went out of the House of said Deponent to 
some others Standing without, when one of said Riot- 
ers Called M-" Cross, and said we Give you the Posses 
sion of this Upper Lott, and to one William or M' 
Brested, take you possession of the other Lott, after 


Saying which words, they mounted their horses Rode 
away Huzzaing; and this Deponent further Saith, that 
his Wife Ever Since the Terror and fright af;^ has been 
very aihng, and Indisposed as Scarce Not to be Able 
to keep out of Bed, And this Deponent further saith, 
that by what he could Judge from seeing said Rioters, 
that their number was about thirty-five; of whom this 
Deponent only knew Nathaniel Davis, James Hamp- 
ton, and William Brested; And further this Deponent 
Saith not, 

Joseph Dalrimpi.e 
Sworn this fourth day of Aprile Anno Domi: 1747. 
Before Me Joseph Bonnell 

Province of New Jersey S- Thomas Miller and 
Thomas McConnell of Baskingridge in the County of 
Somerset and province of New Jerse}- being duly 
Sworn before Me Joseph Bonnel EsqT Second Justice of 
the Supream Court of said Province of New Jersey Say 
that they are Well acquainted with a Tract of Land 
where Joseph Dalrimple Lately Lived, Scituate Lying 
and being in the County of Morris, and being Reputed 
to be part of a Tract of Land patented to William 
Dockwra, Lying On Pissiack River, and that to the 
Said Deponents knowledge the same Tract of Land has 
for upwards of five years Last past, before the Eighth 
Day of April Instant been untill that time possessed 
under the jn-oprietors of tlie Eastern Division of New 
Jersey, and the Deponents further say, that on the 
thirtyeth Day of March Last |)ast. Nath' Davis, Ja- 
Hampton, W" Brested and othei's, to tliese De])onents 
unknown, about ten of the Clock in the Evening of 
that day, came to the then Dwellingliouse of said 
Joseph Dalrimple on said Tract of Laud, with (Jlubbs 
and after Demanding of the said Joseph Dalrimple to 


open the Door of said house, and Using several threats, 
some of said Company broke open said door, and some 
of them being about twelve, came into said house, 
aod ordered said Joseph and his wife to go out of said 
house, which said Joseph then Refused, Saying he was 
in possession of the Said House and Land under the 
Proprietors of East New Jersey, and that lie had given 
his Bond to deliver up the possession thereof to William 
Dockwra's heirs or Assigns; whereupon some of said 
Rioters told said Joseph if he and his wife would not 
go out they would turn them out by force, and at- 
tempted to turn them out of Doors, when Thomas Mil- 
ler one of said Dej^onents, Desired of said Rioters, that 
they would consider the Condition of said Joseph's 
Wife, who then being pregnant and Near Lying 
in. And Not turn her out of Doors, i^t that 
[time?] of the night and these Depon*■^ further say 
that after A few Minutes Consideration some of 
said Rioters told said Joseph, that he Might 
tarry in said house fourteen Days Longer from that 
time And Warned him to go out by that time, or they 
would then Come and turn him and his family out of 
the possession of said house and Tract of Land, — And 
said Deponent Tho' Miller further says, that some of 
said Rioters Justified their proceeding in turning pei'- 
sons out of their possession Settled under the pro- 
priet'" and Wished they had began it several years 
past, Alledgeing that had they so done, the Country 
l)y that time would have been in good order and said 
Deponents do further say that being at the said Late 
Dwelhng house of said Joseph Dalrimple, on the 
Eighth Day of April Instant, when they saw at said 
house said Nath! Davis, Ja' Hampton and W" Breested 
and others to the number of about thirty persons with 
Clubs who then Broke open si' house of s'J Joseph, and 
turned s'l Joseph his Wife and Child out of his house, 
and Likewise then Carried out of said house all the 


Household Goods of s? Joseph and then said Nath! 
Davis who was then Called the Cap* of s? Rioters, 
delivered the Possession of said house and Tract of 
Land, to said Ja? Hamilton and s? William Breestead, 
part thereof to s? James Hampton as Tenant to John 
Cross, Late A Prebiterian Minister of Baskingridge 
af^- and the other part thereof to W" Breestead in his 
own Right; And then Ordered s'! Joseph, not to molest 
or Disturb said James & William in their Possession; and 
s*? Depon*.' farther say, that they verily beleive, from 
the Discourse they heard from said Riots and since, 
that said John Cross prompted encouraged and re- 
quested s^ Rioters to Committ said Riots, having 
heard and beheve that s*? Jn" Cross treated s"? Rioters 
with three Gallons of Rum, When on their way to 
committ s'? Riots, and further say not 
Sworn this fifteenth day Tho? Miller 

of April Anno Dom. Tho^ M° Conxell 

1T47 Before Me Joseph 


Sir. After a due Consideration of our Information 
to you, in refferance to the Mobe we allow all to be 
right, only them few words relateing M^ Cross {Late 
prishiterian Ministe^^ of Baskingridge) which if it be 
not blotted out, altho it be truth, is a reproach to that 
Sec of people now amongst us, which we humbly re- 
quest to be done, sviiich will greatly Oblidge 
April the 15*" 1747. Sir. Your "humble Serv'.* 

Tho ^, Miller 



Representation of the Lords of Trade—respecting the 
Partridge Petition for liberty to issue Bills of 
Credit in New Jersey. 

[From P. R. O. B. T., New Jersey, Vol. XV, page 153.] 

To the King's Most Excellent Majesty 

May it Please your Majesty 

In Obedience to your Majesty's Order in Council, of 
the 7. of August 1746, We have had under Our Con- 
sideration the humble Petition of Richard Partridge, 
Agent for the Colony of New Jersey in America, set- 
ting forth, " That the said Colony is greatly distress'd 
for want of a f urtlier Supply of Bills of Credit which 
the late Governor Morris, by the Royal Instructions 
was prohibited from emitting, without the Royal 
Licence. That now, in time of War, the said Colony 
is destitute of a sufficient Supply of Arms, Ammu- 
nition Scc^ for their Defence against the common 
Enemy, and cannot readily raise the money for pur- 
chasing the same, without a further Emission of 
Paper Currency, as well as for the paym^ of divers 
other pubhck Emergencies, for support of the said 
Government: That it would be greatly for the Ser- 
vice of your Majesty, as also of the said Province, if 
Leave was granted to the Governor, to give his As- 
sent to the passing a BiU for the emitting the sum of 
£40,000, in publick Bills of Credit, on Condition that 
the Value of the Bills to be emitted, be agreeable to 
an Act of Parliament, made in the sixth Year of the 
Reign of Queen Anne, for ascertaining the Rates of 
foreign Coins in America; The Petitioner therefore 
prays, that your Majesty would be graciously pleased 
to grant an Order of Leave to the said Governor, or 
the Commander in Chief for the time being, to give 


'* his Assent to the passing an Act for emitting the 
"Sum of £4U,U00 in Paper Bills of Credit;" And hav- 
ing upon tliis Occasion been attended by the said 
Petitioner, We humbly take Leave to represent your 

That, in order to prevent inconveniencies that might 
arise, from passing Acts in your Majesty's Colonies &^ 
Plantations in America, for striking Bills of Credit 
and issuing the same in lieu of Money, Instructions 
have been given by your Maj*^.^ from time to time, to 
the several Governors of the said Colonies and Planta- 
tions; directing them not to give their Assent to, or 
pass any Act in their respective Governm^* whereby 
Bills of Credit might be struck or issued in lieu of 
money, without having a Clause inserted in such Act 
declaring that the same should not take Effect, until 
approved and confirm'd by your Majesty your Heirs or 

That an Instruction to this Effect, was given by 
your Majesty to Lewis Morris Esq-' late Governor of the 
Colony of New Jersey, and has been further continued 
by your Majesty to Jonathan Belcher Esq'- the present 
Governor of the said Colony. 

That the said Petition sets forth, that the said Col- 
ony is greatly distress'd for want of a further Supply 
" of Bills of Credit, which the late Governor Morris, 
"by the Royal Instructions was prohibited from suffer- 
'* ing to be emitted, without the Royal Licence, " which 
is not agreeable to the true intent and Meaning of the 
said Instruction, for as much as your Majesty's Gov- 
ernor is not thereby restrained from giving his Assent 
to the passing any Act, upon any Emergency, for 
emitting such a Sum of Money in Bills of Credit, as he 
shall judge the Circumstances of the Province may 
require, provided he take Care, that there be a sus- 
pending Clause inserted therein, to the End that your 
Majesty may judge of the Necessity of the Service, for 


which the said Bills are emitted, and that there are 
proper Funds settled in the said Act for calling in and 
sinking the Bills to be thereby emitted. 

And as it does not appear to Us that the said Peti- 
tioner had any particular Authority or Instructions 
from the Legislature of the Colony of New Jersey to 
make such AppUcation to your Majesty, and as the 
altering the Tenor of the said Instruction may be at- 
tended with Inconveniencies, We see no Reason why 
your Majesty should comply with the prayer of the 
said Petition. 

Which is most humbly submitted 


J. Pitt 
B. L. GowER 
Whitehall Fran Fane 

April 29. 174Y P. Plumer. 

Fi^oceedings of the Council, May Qth and 9th, 1747, 
and Message of President Hamilton to the House 
of Assemhly of New Jersey, ivith their answer. 

IFrom the Papers of James Alexander in Rutherfurd Collection, Vol. III., No. 4 

and No. 20.] 

At a Council held at Perth Amboy in the Prov- 
ince of New Jersey May 6*.^ 1747 

The Hon^''' John Hamilton Esq" Presid* 
John Reading John Eodman ) ,.^ 
Robert Hunter Morris j ^^^ 

His Honour the President Laid before the Board the 
Draught of a Message he Proposed to Send to the 
House of Assembly & Desired their Advice upon it, 
And the s^ Message being taken into Consideration 



the same was Approved, of & his Honour was Advis'd 
to Send it to the Assembly by tlie Clerk which he did 
& the s? Message is in the following Words A^iz' 

Gent, of the Assembly 

His Majesty's Service & the Safety of the Province 
made it Absolutely necessary for me to Call you 
together at this Time & my own bad State of Health 
Oblidges me to Meet you at this Place. 

The Provisions Supply ed to the Forces Raised in this 
Province now Quarter'd at Albany have been for some 
Time Expended & the Cloaths that were furnish'd 
them with the money Lent the Government are for 
the most Part worn out as You will Observe from Col : 
Schuylers Letters to me which I have Ordered to be 
Laid before You. By an Express from Col: Schuyler 
which Arrived on Monday Last I have Received Infor- 
mation that the five Jersey Companys have Mutined 
& taken a Resolution to Go off with their Arms & 
Baggage, if they do not Receive his Majesty's Pay that 
was Promis'd them at their Inlistment, I have Ordered 
this Letter to be Laid before you & the two Officers 
that Col: Schuyler has Sent Express on this Occasion 
to Attend you And by them you will find it next to 
impossible to keep those men longer together without 
at least some Part of their Pay. 

As these Troops were Raised in Pursuance of his 
Majesty's Orders & have been kept together to wait 
his further Directions I must Recommend it to you to 
make such Provision for the Paying, Subsisting & 
Cloathing them as may be necessary to keep them in 
a Readyness to march whenever his Majesty shall think 
it fit for the Interest of his Dominions to Give Orders 
for that Purpose. 

The Distracted State of the Province, Occasioned by 
the many great Riotts, Oblidges me again to CaU on 
you, to Take some Vigorous Measures, to Punish 


those daring Disturbers of the Pubhck Peace; these 
People have Grown strong and numerous, by Passing 
so long with Impunity; for besides those two great 
Eiotts at Newark, which happened in the Late Gover- 
nor's Life time, & which were Eecommended to you 
by him, there have been since, so many bold & Daring 
Attempts made, to Throw off his Majesty's Authority, 
& their Dependance on the British Throne, that They 
Call Loudly for the Severe Resentment of the Legis- 

These bold People have, in a Publick Manner, 
denyed his Majesty's Title to New Jersey; they have 
Refused to Pay Obedience to his Laws, & have Pub- 
lickly Contemn'd his authority; They have broke open 
his Goals, Beat & abused his Officers and Ministers of 
Justice, Turned People out of the Quiet Possessions of 
their Lands, and Putt others into their Places; They 
have Associated themselves together in Defyance of 
the Government, have frequently met in great Num- 
bers, and Marched from one Part of the Province to 
another, Insolently giving out, that They are so strong 
& numerous, as not to be afraid of any Force the Gov- 
ernment are able to bring against them ; All the Steps 
that it was prudent, & in the Power of the Govern- 
ment, have been taken to bring the Criminals to Jus- 
tice, & Putt a Stop to so dangerous & growing an 
Evil; but these Measures have all Prov'd ineffectual, 
and have only Occasion'd fresh Riotts & Contempts of 
His Majesty's Authority: in Consequence of which, 
the Course of Common Justice has been for some Time 
at a Stand; These Matters are all so Publickly known, 
that Particular Proofs are needless; however I have 
Ordered the Several Letters and Papers, relating to 
those Disturbances, to be laid before you for your 

I must Observe to you, that it is impossible to sup- 
pose Great Brittain will Part with, so Valuable a 


Colony as New Jersey; or that his Majesty will Suffer 
his Authority & Laws, to be Trampled under Foot, in 
any Part of his Dominions, tho' ever so Remote from 
his Royal Person; & the attempt to do it, is certainly 
as vain, as it is weak & wicked. If the People of New 
Jersey will not be Governed by the mildest of Laws, 
They, Themselves will thereby Render it necessary to 
Govern them by Force; for, we Cannot Suppose that a 
British Parliament will Suffer these Things long to 
Pass with Impunity. 

My Duty to his Majesty, & my Regard for the Safety 
of the Province, Oblidges me to Recommend this Mat- 
ter to your most serious Consideration; And as any 
the Least Delay, in a Matter of this Importance, will 
be of dangerous Consequence, I hope you will Proceed 
with the Utmost Dispatch, in such Measures as may 
be most Conducive, to Restore the Peace of the Prov- 
ince; and by severe Laws, prevent the like Disturb- 
ances for the Time to come. ***** 

John Hamilton. 

At a Council held at Perth Amboy in the Province 
of New Jersey, May 9th, 1747 * * * 

His Honour the President Laid before the Board a 
Message from the House of Assembly which he had 
Receiv'd by two of their Members, and which is in the 
following Words^ — 
May it Please your Honour 

When your Honour in June Last Recommended the 
forwarding the Expedition ag* Canada it is well known 
to your Honour We readily went into such Measures 
in Complyance with his Majesty's Pleasure Signityed 
to Us by the Duke of Newcastle's Letter then Laid 
before Us that We not only Provided Provisions for 
five hundred Men rais'd in this Colony which was all 
his Majesty Required from the Province, but over & 
above gave a Bounty of Six Pounds a Man to each 


Man so to be Inlisted to Incourage their Inlistmeiit 
And at the same Time We Pass'd a Bill for the making- 
Current ten thousand Pounds to Enable your Honour 
to Cloath & Arm the s'J Forces, All of the s" £10,00(.» 
We Cannot Learn is yet Expended. 

This We beg Leave to Observe to your Honour as 
such a Mark of our Zeal for his Majesty's Interest as 
We are not informed that any of Our Neighbouring 
Provinces have Gone into. 

At that Time there was nothing mentioned in the 
the Duke of New Castle's Letter nor by your Honour 
Recommended to Us of Paying those Forces and this 
House having already Exerted themselves to the Ut- 
most Ability of the Colony they are in no Condition of 
doing it at present. 

We are very sorry to hear there is such an Uneasi- 
ness amongst the Forces, but as We are daily in Ex- 
pectation of hearing from home at which Time We 
make no Doubt but they will Receive their Pay & 
Cloathing from his Majesty agreeable to the Duke of 
New Castle's Letter above mentioned. And as That 
was the Condition on which they Inlisted into this Ex- 
pedition And as we have now granted them a third 
Supply of all necessary Provisions We hope that Thej 
wiU behave themselves like reasonable Men & Return 
heartily to their Duty in his Majesty's Service 

As to the Matter of those Riots lately Committed in 
this Province, and Recommended to Our Consideration, 
it is with great Concern and Abhorrence We Look 
upon those Proceedings, Esteeming them to be of very 
ill Consequence; & shall wiUingiy do Our Duty in 
Joyoing with the other Branches of the Legislature, 
for the making proper Laws for Suppressing such Pro- 
ceedings, & discourageing the like for the future; But 
as the Doing Thereof will Require great Consideration, 
& more time than we have at present, being now only 
Call'd as we understand, to make some further Provi - 
sion for the Forces, which we have ChearfuUy done. 


We hope those Eiotous Proceedings may not be Con- 
tinued; but if They should, at Our next Meeting We 
may have more Time to Consider and Transact these. 
& the other affairs of this Province: & doubt not, but 
that in the mean Time, Your Honour will take all pru- 
dent Measures, to Stop the Grovd^h of those Proceed- 
ings, & do what shall be most proper and needful, un- 
til the same can be remedied, by some Act or x4.cts of 
the Province. 

And with Respect to the Support of the Government 
by your Honour's Message Recommended to Our Con- 
sideration, We beg Leave to Say We have done what 
is in the Power of this House, that at Our Last Sitting 
here on the 23" of October past A Bill for the Support 
of this Government was Carryed up to the Council & 
Delivered to the Speaker in Council for the Council's 
Concurrence, since which this House has not had any 
Account or Information concerning the s^ Bill & there- 
fore they Conceive that they have done their Duty in 
this Respect. 

And as a Bill has^ now Pass'd this House by the 
Council to make Curr!^ £1000 in Bills of Credit for the 
further Victualling & Provideing for the Forces &c 
The House Desires your Honour's Assent to the Same 
And there being no other Business at present before 
the House They Pray your Honour to Dismiss them. 
By Order of the House 

Tho' Bartow CI: 

Upon which his Honour Desired to be informed 
what Bills or other Business was before the Council as 
a Branch of the Legislature And the Board Informed 
him that takeing into their Consideration the many 
great Riotts & other Breaches of the Publick Peace* 
They Thought it their Duty to Perfect some Law to 
Prevent things of that kind for the Time to Come & 
to that End had Ordered a Bill to Prevent Tumults & 
Riotous Assemblys to be brought into their House 


which was accordingly done & the same had been 
twice Eead & stood Committed, that they should have 
gone through & Pass'd the s'' Bill but they found so 
great an UnwiUingness in the house of Assembly to 
Proceed to any Business at this Time but tliat of make- 
ing Provision for the Troops that they Judg'd it vain 
to Attempt any other. 

And his Honour then Desh"ed the Opinion of this 
Board & their Advice what was proper for him to do 
on this Occasion. 

Whereupon the Board Declared that they Look'd 
upon it to be the Duty of every Branch of the Legis- 
lature to Exert themselves with the utmost Vigour to 
Enable the Government to bring to Justice the Per- 
sons Concern'd in the Late Disturbances & that they 
were willing & ready both as a Council of Advice & as 
a Branch of the Legislature to do every thing that 
should be thought most Conducive to that End, That 
they were sorry that the House of Assembly would 
not Joyn in any Measures at this time to Give a Check 
to so Dangerous & Growing an Evill, but since they 
were Determined not to do any thing at this time It 
was to no Purpose to keep them together and there- 
fore Advised His Honour to Give them Leave to Ad- 
journ themselves till monday 25^!' day of this Inst. 

Letter from Governor Clinton of New York to Col. 
Schuf/ler, of the New Jersey Forces. 

I From N. Y. Col. Docts., Vol. VI, p, mz.\ 

New York 6*^ May 1747 

1 cannot forbear to let you know that I think you 

have been very imprudent in taking the steps you have 

lately done, in offering fuU pay to the men under your 

command without my knowledge or consulting with 




the other officers. For if it was in your power to do it; 
it can not be proper, since in the opinion of His Maj- 
esty's Council of this Province the retaining the great- 
est part of the arrears due, till his Majesty's pleasure 
be known, is the most effectual method at present to 
prevent desertions, & on this I have the concurrent 
opinion of the President of the Council of the Jerseys 
(as I believe) by the advice of the Council there. Be- 
sides as it impossible to pay all the forces their whole 
pay at this time, any difference in the pay of one part 
from the other must occasion disorders & mutiny. I 
must likewise tell you that keeping up any kind of 
distinction in the pay or command must occasion con- 
fusion and disorder, of which you are to take notice & 
take care to prevent any room for complaint. I have 
ordered 40' per man to be paid to each private man of 
the New Levies without distinction in what Province 
the levies were made, and I have promised to pay 
them 20^ p' month till His Majesty's pleasure be 

As I believe that what you did proceeded from a 
Zeale to the service without duly considering the 
consequences of the step you took, I hope your future 
conduct will convince me of the truth of my sentiments 
of you, and am, Sir 

Your very humble Servt 

To Coll Peter Schuyler of the New Jersey Forces. 


Order of the Lords of the Comrnitfee of Council upon 
a Petition of Jonathan Belcher, appointed Gov- 
ernor of Neiv Jerseff— relative to his salary. 

I From P. R. O. B. T. New Jersey. Vol. V, F. 88.1 

At the Council Chamber Whitehall the 9*^ day 

of May 1747. 
By the Right Honourable the Lords of the Com- 
mittee of Council for Plantation Affairs. 
His Majesty having been pleased, by his Order in 
Council of the 17"' of last Month, to referr unto this 
Committee, the humble Petition of Jonathan Belcher 
Esq'' His Majestys Governor of Nova Ceesarea or New 
Jersey, humbly praying, in case the Assembly of that 
Province should not settle a fixed Salary on him during 
the whole time of His Government, as directed by the 
twenty Sixth Article of His Majestys Instructions to 
him, That His Majesty would be graciously pleased to 
Empower him to give his Assent to such Bills as shall 
be annually passed by the said Assembly, for paying 
him a Salary as Governor and Commander in Chief, 
in like manner as His Majesty was pleased to give to 
the Governor of the Massachusets Bay on a like occa- 
sion. The Lords of the Committee this day took the 
said Petition into their Consideration, and are hereby 
pleased to referr the same (a Copy whereof is hereunto 
annexed) to the Lords Commissioners for Trade and 
Plantations, to consider thereof and Eeport their 
Opinion thereupon to this Committee. 
To THE King's most Excellent Majesty, in Council 
The Humble Petition of Jonathan Belcher 
Esq'" Your Majestys Governor of Nova 
Ceesarea or New Jersey — 

That by the 19"^ Article of Your Majestys Instruc- 
tions to Your Petitioner he is restrained from giving 


his Assent to any Act for payment of Money either to 
himself as Governor or Commander in Chief or to any 
other Person whatsoever except to Your Majesty Your 
Heirs and Successors without a Clause be inserted in 
such Act declaring that the same shall not take Eifect 
untill the same shall have been approved and confirmed 
by Your majesty Your Heirs or Successors. 

That by the 26*'' Article of Your Majestys said In- 
structions Your Petitioner is directed to propose unto 
the Assembly at their first Meeting after his Arrival 
and to use his utmost Endeavour with them that an 
Act be Passed for raising and settling a Publick Rev- 
enue for defraying the necessary charge of the Gov- 
ernment and that therein Provision be particularly 
made for a competent Salary to Your Petitioner as 
Governor and Commander in Chief for Supporting the 
Dignity of the said Office. 

That although Your Majesty was Pleased to give the 
like Instructions to Your Petitioners immediate Pre- 
decessor M"" Morris Yet he was never able to prevail on 
the Assembly to settle any Salary upon him otherwise 
than from Year to Year and in that manner he re- 
ceived it without inserting in the Act for granting the 
same a Clause to Suspend its taking effect till Your 
Majesty should have approved the same. 

That if Your Petitioner should be so unhappy in his 
Endeavours as not to be able to prevail wdth the As- 
sembly to settle a Salary on him as directed by the 2<i''' 
Instruction aforementioned Your Petitioner will in that 
Case as he apprehends be restrained by the 10*'' Article 
of the Instructions as aforementioned from reaping 
any Benefit from any Act the Assem]:)ly shall think 
proper to pass annually for his Support until the said 
Act shall have been transmitted to Your Majesty and 
Your Majestys Approbation of such Act declared and 
signified thereupon to Your Petitioner which must 
necessarily protract a great length of time and Your 


Petitioner will be by that means left without any Sup- 
port during all that time, there being no Salary pay- 
able in England to the Governor of this Province he 
being left dependent on the Will and Pleasure of the 
Inhabitants for such Allowance as they shall think 
proper to make him. 

Tit at Your Majesty was pleased on a like Occasion 
which happened in the Province of Massachusets Bay 
to empower the Governor, in Case the Assembly 
should not settle a fixed Salary on him and his Succes- 
sors or at least on him during the whole of his Gov- 
ernment, to give his A^^sent to such Bill as should be 
annually passed for paying to him such Salary as is 
thereinmentioned, luitil Your Majestys Royal Pleasure 
should be Signified to the contrary, Provided such Act 
was the first that should be passed by the Assembly of 
the said Province before they proceeded upon the 
other Business of that Session wherein such Act should 
be Proposed a Copy of which Instructions is hereunto 

Wherefore Your Petitioner most humbly Prays that 
Your Majesty wiU, be graciously Pleased to grant 
Your like Royal Order of leave to him. And Your 
Pet-" shall ever Pray 


Letter from James Alexander and Robert Hunter 
Morris, two of the Council of New Jersey, to the 
Lords of Trade, at the Request of President Ham- 

[From P. R. O. B. T. New Jersey, Vol. V, F92.1 

New York May 10*^ 1747 

The Eight Honourable To The Lords Commis- 
sioners for Trade and «€orreign Plantations 

May it please your Lordships 

At the request of John Hamilton Esq': President of 
the Council & Commander in Chief of New Jersey 
(who was disabled by his ill State of health to write) 
we had the honour of writing to your Lordships in 
December Last by the Ship Oswego the State of the 
Province of New Jersey with some papers concerning 
it which as that Vessel we hear is arrived w^e doubt 
not are come to your Lordships hand. 

At the Like request and for the same reason by the 
Snow Prince William in ffebruary last we wrote to 
your Lordships with coppies of what w^e sent by former 
and with Coppies of all the Minutes of the Council & 
assembly from the time that coppies thereof had before 
been sent. 

At the like request & for the same reason we are 
now sorry to acquaint your Lordsliips that the inter- 
nal disorders of New Jersey are daily encreasing with 
the Number of Rioters & Riots and that the course of 
Justice is at a stand, That the General Assembly is 
once more called & mett Chiefly to see if they will as 
yet Join in proper measures to put a check to those 


We Inclose herewith to your Lordships Coppies of 
the Minutes of Council since the Last Sent (by which 
& what we formerly wrote is approved of) with the 
Presidents speech to the Assembly & some other 
papers showing the Continuance & Growth of the dis- 
orders We are 

May it please your Lordships 

Your Lordships 
Most Obedient & Most humble Servants 

Ja. Alexander 
RoBT^ H. Morris 

[On the 23'' May they wrote again at the request of 
the President, sending dupUcates of the documents 
transmitted. ] 

Letter from President Hamilton to Colonel Peter 
Schuyler, commanding the New Jersey Forces. 

[From Original Draft among Papers of James Alexander in Rutheifiird Collection, 

Vol. I, No. 4. 1 

To Coll. Schuyler Commander of the Forces [of 
New Jersey I at Albany 

[Perth Amboy May 11"' 1747.] 


I have yours by Cap" Dagworthy & Leonard of the 
30'" of April and am Exceedingly sorry to hear of the 
General IVlutiny of the Troops under your Command 
& more so that they have any Eeason for it. I am 
Concerned that it has not been in my Power to Com- 
ply with the Terms Proposed to them at their Inlist- 
ment, but Cannot blame myself on that Account. I 
esteem their Pay Secure because they have his Majes- 
ty's Promise for it Signifyed by his Secretary of State 


And I hope they will not do any Act that may forfeit- 
his Majesty's Favour which Leaving their Station w411 
certainly be. 

I approve your Zeal for his Majesty's Service in 
Endeavouring to Prevent the Troops from Comeing off 
and in Generously Offering to Engage your own pri- 
vate Creditt to procure money for the Pay of the Jer- 
sey Companys, but must Observe to you that had they 
Accepted of that money it would in all Probability 
have Occasioned a Mutiny in all the Rest of the 
Troops at Albany who were not paid in the same man- 
ner And as it is next to impossible to Procure money 
Sufficient in so short a time to Pay the Troops their 
whole Pay so I think it would be Prejudicial to his 
Majesty's Service to do so because they would then De- 
sert in great Numbers Whereas their Receiving a Part 
of their Arrears & a monthly Allowance 'till his Maj- 
esty's Pleasure Could be known will cei-tainly be best 
upon all accounts Especially if you Consider that they 
are f urnish'd with Provisions & Cloaths at the Expence 
of the Province. 

Before this Reaches you, you will Receive Du'ections 
from Gov'.' Clinton as to the Pay of the Troops under 
your Command upon the same Terms on which the 
York & other Troops Quartered at Albany are to be 
Paid, and as his Excellency has on this Occasion 
Exerted himself & Engaged his own Creditt to Pro- 
cure money Sufficient to Advance 40s. York money to 
the Troops in Part of their Arrears & 20s p- month till 
his Majesty's Pleasure is known I hope the Jersey 
Troops will Shew a good Example to the other Forces 
by Returning to their Duty & Accepting of what is 
Offered them and I must Recommend it to You to Use 
the Influence you have Deservedly Acquired among 
them to Induce them so to Do 

I Laid before the Assembly, your Letter to me & 
Ordered your two Officers to Attend them & they have 


Given a further Supply of Provisions as you will See 
by their Votes which I Send you inclos'd 

I must also Inform you that upon your Eepresenta- 
tion of the Great Want the Men are in of Shirts & 
Shoes I have this day Ordered two Speckled Shirts & 
one Pair of Shoes to be made for each of the Men 
under your Command & to be Sent to You with all 
Dispatch imaginable, which You will Deliver to them 
wiien they Return to their Duty 

I am &c. 

Order of the Lords of the Coiinitittee of Co fnicil— re- 
ferring to the Lords of Trade a Petition of Jona- 
than Belcher, a^ppointed Governor of New Jersei/, 
for permission to be absent from his Government 
two or three months, to visit New England. 

I From P. R. O. B. T. New Jersey. Vol. V. F8'J. | 

At the Council Chamber Whitehall the 19^^' of 
■x^— — * May I74(j. 

} \ By the Eight Honourable the Lords 

'^^•'^* of the Committee of Council for Plan- 
tation affairs — 

His Majesty having been pleased by His Order in 
Council of the IH"' of last Month, to referr unto this 
Committee the Memorial of Jonathan Belcher Esq'. His 
Majestys Governor of the Province of New Jersey, 
humbly praying, for the Reasons therein contained, 
that His Majesty will grant him His Royal leave to be 
absent for Two or Three months, at such time or times 
as may necessarily require his going to New England, 
taking such Time and Season as may be the least 
prejudice to His Majesty's Service; And in regard the 
Memorialist has no appointment from the Crow^n, and 


the Salary of the Province is very slender, the Memo- 
rialist further prays that His Majesty would be gra- 
ciously pleased to dispence with that part of the 30"' 
Article of his Instructions, which gives one full moiety 
of the Salary to the Lieutenant Governor or Com- 
mander in Chief during the absence of the Memorialist 
from his Government; The Lords of the Committee 
this day took the same into their consideration, and 
are hereby pleased to referr the said Memorial (a Copy 
whereof is hereunto annexed) to the Lords Commis- 
sioners for Trade and plantations, to consider the same, 
and Report their Opinion thereupon to this Committee. 

W. Sharpe 

To the Kings most Excellent Majesty in Council 

The Memorial of Jonathan Belcher Esqf your 
Majestys Governor of the Province of New 
Jersey — 

Humbly Sheweth 

That by the 30"' Article of your Majestys Instruc- 
tions to your Memorialist it is Provided that during 
the Time he may happen to be absent from the 
Province of New Jersey one fuU Moiety of the Salary 
and of all Perquisites or Emoluments of Government 
whatsoever shall be paid unto the Governor Lieuten- 
ant Governor Commander in Chief or President of the 
Council who shall be resident upon the Place for the 
time being — 

That as your Memorialists Fanaily reside at Massa- 
chusets Bay in New England which is about four hun- 
dred miles from New Jersey and what little Fortune 
he is possessed of, hkewise lies there, which may upon 
particular Emergencys require his going thitiier — 

You7^ Memorialist therefore humbly prays you]- 
Majestys Eoyal leave to be absent for two or three 


months at sach Time or Times as may necessarily re- 
quire his going to New England, taking such Time 
and Season as may be the least prejudicial to Your 
Majestys Service, and in regard Your Memorialist has 
no appointment from the Crown and the Salary of the 
Provmce is very slender that your Majesty would be 
graciously pleased to dispence with that part of the 
30*" Article of the said Instructions which gives one 
full Moiety of the Salary to the Lieutenant Governor 
or Commander in Chief during the absence of your 
Memorialist from his Government And Your Memo- 
rialist shall ever pray &c? 

J: Belcher 

Letter from Governor Clinton of New York to the 
Diike of Neivcastle— about the payment of troops. 

IFrom N. Y. Col. Docts., Vol. VI, page 349.] 

New York 23 May 1747 
May it please Your Grace, 

Besides the other reasons for my paying some part 
of the arrearages due to the forces levied on the expe- 
dition designed against Canada, M!' Schuyler who (it is 
said) has a Commission from the President of New 
Jersey to Command the forces levied in that govern- 
ment, his giving out that he would pay the whole of the 
arrearages due to them under his command, made it 
absolutely necessary to do at least what I have done. 

As soon as I heard of the mutinous disposition 
among the forces at Albany I was at the same time 
inform'd that M'" Scuyler had given out that he was 
resolved to pay the troops (under his command) the 
whole of the arrearages due to them, I informed the 
President of Jersey of my resolution by the advice of 
His Majesty's Council of this Province to pay 40' p'' 


man in part of what was due to the forces at Albany 
without distinction of what Colony they belonged to, 
& to continue to pay 20' p^ man monthly, till such 
time as His Majesty's pleasure should be signified 
to me 

I informed him likewise that it was not thought 
advisable to pay the Men their whole pay at this time 
supposeiiig that money sufficient could be procured 
for that pui730se, which however it is thought could 
not be obtained, because there would then be ho tie to 
prevent their desertion 

The President & Council of the Jerseys approved 
of these reasons, & wrote a letter to M!' Scuyler, of 
which a copy was inclosed to me, wherein they re- 
quired him to conform himself to such directions as he 
should receive from me. JSFotwithstanding this he has 
paid the forces under his command, the whole of their 
pay, & the officers of the other forces there inform me 
that M'' Scuyler's paying the New Jersey troops in this 
manner is the principal reason why the greatest num- 
ber of the other forces & chiefly those levied in this 
Province remain discontented & mutinous, & refuse to 
receive less than their whole pay. 

Your Grace must likewise be sensible how contrary 
it is to the discipline of the army for any Officer which 
is in my government (& undoubtedly while there under 
my command) to act in direct contradiction to my di- 
rections, especially in a matter of such general con- 
cern, & likewise to the orders which he had received 
from his own government. 

This must consequently introduce confusion, & I am 
informed speeches were given out by his men that 
they would receive no pay of the Governour of New 
York, because if they did then they would be under 
his command, which they were resolved not to be. 

All these things, with many others of a different 
kind, shew what danger this Province may be in from 


the artifices of a prevailing faction at this time, & 
how prejudicial it may be to his Majesty's service 
every where in North America' 

It must weaken exceedingly my administration if 
this money be paid, without M- Scuylers making ap- 
plication to me, with an acknowledgment of his fault 
at least, & desiring my intercession in order to obtain it 
I must beg your Graces forgiveness of all faults on 
account of the hurry I am in. 

I am with the greatest respect My Lord 
Your Graces most obedient and 

most humble servant 
G Clinton 
To his Grace the Duke of Newcastle. 

Report of the Lords of Trade — on the the Petition of 
Jonathan Belcher referred to them, as above on 
the 19th of May. 

[From P. R. O. B. T., New Jersey, No. 15. Ent: Book D, p. 1C2.] 

To the Right HonY*" the Lords of the Commit- 
tee of His Majesty's most Hon^^'^ Privy 
Ml/ Lords, 

Pursuant to your Lordships Order of the 19*!' instant, 
We have taken into Our Consideration, the Memorial 
of Jonathan Belcher Esq- His Majesty's Governor of 
the Province of New Jersey, "humbly praying, for the 

' In a postscript to a letter to the Duke of Newcastle, dated oOth May, Governor 
Clinton wrote: "I have this instant received an express from Albany y't all the 
new levyes are all up iu mutiny for their pay tho' they have just rec'd the 40s a 
man. This prejudice the men have imbib'd from ye president of ye Jersyes troops 
being paid is a difficulty not to be surmounted but by acting in ye same manner. 
This Col. Peter Schuyler did ou his own account, contrary to my orders & ye 
orders he received from ye President & Coimcil of his own government, and hope 
may suffer for it "' i\'. F. Col. Docts., Vol. VI, p. 351, and agam referred to it under 
date of J^y 2Sd, Vol. VL p. 357. 


"Eeasons therein contain'cl, that his Majesty will 
' ' grant him his Eoyal Leave to be absent for two or 
' ' three Months, at such time or times as may neces- 
' ' sarily require his going to New England, taking 
" such time and Seasons as may be the least Prejudice 
" to His Majesty's Service, and in Regard the Memo- 
"rialist has no Appointment from the Crown, and the 
"Salary of the Province is very slender, the Memorial- 
"ist further prays that His Maj'?' would be graciously 
"•pleased to dispense with that part of the 80'!' Article 
"of His Instructions, which gives one full Moiety of 
" the Salary to the Lieutenant Governor or Com- 
" ' mander in chief, during the Absence of the Memo- 
" rialist from his Government; '' 

Whereupon We take Leave to Acquaint your Lord- 

That We are of Opinion that such a general Leave 
of Absence as is desired by the said Memorial, may be 
attended with inconveniences to the Province, and 
that it will be more reasonable for the Gov' to apply 
to His Majesty for a particular Licence, whenever his 
piivate Affairs May necessarily require his going to 
New England: We must likewise further acquaint 
your Lordships, 

That in all and every of His Majesty's Colonies and 
Plantations in America, Provision is made by His 
Maj^'^ Instructions to the respective Governors there- 
of, that when it shall happen, in any Case whatever 
that they shall be absent from their Governments, one 
full Moiety of the Salary and of all Perquisites and 
Emoluments whatever, which would otherwise become 
due unto them, shall, during the time of their Absence, 
be paid unto such Governor, Lieutenant Governor, 
Commander in Chief, or President of the Council, who 
shaU be resident upom the Place for the time being, in 
order for the Support of the dignity of Government, 
which said Instruction appears to Us, to be wisely cal- 


culated for the better carrying on of His Maj*.^'' Ser- 
vice, and to be a just and reasonable Provision, for as 
much as without such Allowance, the Person upon 
whom the Gov* would devolve, in case of the Absence 
of the Governor, would be laid under great Difficulties 
and Hardships, and Administration become burthen- 
some and expensive; We cannot therefore recommend 
to your Lordships to advise His Maj'.^' to comply with 
the Prayer of the S"* Memorial. We are &c. 
Dupplin Monson 

R Plumer B. L, Gower 

Whitehall Fran. Fane 

May 28. 1747 

List of Rioters in Somerset and Middlesex Counties, 


[Fi-om Papers of James Alexander in N. J. Hist. Society Library, Vol. L] 

Persons Indicted for a Riot in Somersett County 
Quarter Sessions and Removed into the Sup'" Court 
May term 1747 

Edmond Bainbridge John Anderson (Clerk) 
Samuel Price John Bunbridge Jun'' 

List of Rioters in Middlesex County Returned 
upon a Record of View filed in the Supream 
Court in Aug* Term 1747: 

Edmond Bainbridge Simon Wyckoff 

Amos Roberts Theophilus Burwell 

Jacob Shipman Philip Ike 

Barent Dewitt Cornelius Dehart 

Thomas Clauson Dollings Hegemen Jim' 

John Rickie • Israel Rickie 

John Jeffers CorneUus Johnson 


Garret Cornelison John Skermerhorne 

Bodine Bodine 

Abraham Van winkle Henry Hogelandt 
George Hopper 
with others unknown to the Number of one hundred 
and fifty persons — 

Judge NevilVs Charge to the Grand Jury of Middlesex 
County at Session of June, 1747. 

[From Original Draft among Papers of James Alexander in Rutherf iirJ Collection. 
Vol. I, No. Zi 1 

Gentlemen of the Grand Jury, 

The Law being always desirous diligently to find 
out the Truth in all Causes called in Question in the 
Courts of Judicature, to the End Impartial Judgment 
may be given, and strict Justice executed accordingly, 
hath in all Ages esteemed it to be the best Method to 
search out this Truth by the Oaths of Honest, Law- 
ful, and indifferent Persons; and certainly That Man, 
who doth profess God to be his Creator by whom 
alone he hopes for Salvation, when he doth solemnly 
swear in the Presence of that God and his People, that 
he will present the Truth and nothing but the Truth 
according to his Knowledge, in the Matter in Ques- 
tion as God Shall help him, that is. as he expects the 
Blessing of God in this Life, and Eternal Happiness 
in the Life to come, I say, certainly that Man wiU in 
all Repects be void of all Partiality and private Affec- 
tion; For an Oath is fitly termed a Holy Band or 
Sacred Tie, a Godly Vow, and the Foundation and 
Ground of Truth: A Ceremony instituted by God him- 
self, wherein he is a Party, and will see it verify 'd or 
Sharply punislied. Therefore as the Law doth rever- 
ently respect the Oaths of Men, taketh her Intelligence 


of Matters in Faith from them; and giveth such 
Credit and Approbation unto them as to found and 
build her Judgments in most Cases of the Greatest 
Importance upon them. So she has always intended 
that those Oaths Shall be taken by Men of Sincerity of 
Life and mature Judgment. Men indifferently affected 
and such as will respect the Truth of their Knowledge 
and not the Face of the Person; And when an Indict- 
ment is found by a Jury of Twelve such Men, or above, 
it is called Billa Vera, or a Presentment of Truth, I 
think Gentlemen, I need say no more to you of the 
Sacred and Solemn Obhgation you now lie under; but 
proceed in as brief a Method as possible to the Dis- 
charge of my Duty by Laying before you such Mat- 
ters as require your itnmediate Attendance and serious 
Consideration. You are the Grand Inquest for the 
Body of this County of Middlesex, sworn to inquire 
into all Crimes and Misdemeanours whatsoever com- 
mitted within the said County Capital or Not Capital 
against God, the Kingdom or the County; And, here, 
I must inform you tho' Capital Offences cannot be 
try'd by this Court Nevertheless they are the Subject 
of your Enquiry, nor can you, consistent with your 
Oaths, dispense with that Enquiry and the Indictment 
when found must be certifyYl in the Court above, 
where the Offenders will be tried and punish 'd accord- 
ing to Law. 

Gentlemen. A dangerous and terrible Insurrection 
is lately begun and still continues to gain ground in 
this Province by a great Number of abandoned 
Wretches, headed and encouraged by Men of Fortune 
and great Estates, under Pretension of Reforming the 
Laws, and Redressing Public Grievances, who refuse 
to submit any longer to those just and equitable Laws 
by which we and our Forefathers have been hitherto 
governed; but in lieu thereof have Set up the Laws of 
Violence, enforced by Staves and Clubs, and caU these 


the best and only Laws to govern the Constitution, as 
will be proved to you in your Enquiry, to the Great 
Terrour of his Majesty's Faithful and Loyal Subjects, 
the Subversion of the King's Government and to the 
utter Ruin and Destruction of the Province, if not 
timely prevented by the Sword of Justice and the Aid 
and Assistance of every True and Sincere Lover of 
his Country, for Never did the Natural 111 Will to Supe- 
rior Power, and the inbred Malice to Authority, Shew 
itself more or diffuse itself farther in New Jersey than 
at present; and the Tumultuous and Bloody Times 
which Consequently must attend such Woful Proceed- 
ings will soon convince any Man of Sense how Httle 
the Fury of a Mob is to be depended upon. There is 
no Grievance that any Subject of Great Britain can be 
liable to which the Law has not prescribed a Remedy 
for; And it is most certain That the Seeking Redress 
by Legal Methods is the only sure Way of obtaining 
it; Any other Methods are much more likely to lead to 
greater Evils than those complained of. To what a 
Heighth of Wickedness are these People grown; all 
Ranks of Men suffer, they not only threaten but have 
even attempted the Lives of the Magistrates, they 
subvert the Established Laws and Set up Laws of their 
own, by the force of which they break open the Kings 
Gaols and rescue Prisoners committed thither by Legal 
Processes, they have openly said they will take and 
imprison the Kings Officers and Loyal Subjects by v/ay 
of Reprise if they shall presume to do their Duty; Nay 
to that daring and Surprising Impudence are they ar- 
rived, as to declare, That if they shall meet with any 
Resistance from the Authority, they will Kill and de- 
stroy all before them. But I hope Our All is not yet at 
the Mercy of a Lawless Rabble who have madly 
clubb'd to destroy their Country and themselves. Nor 
is there any Fear of it, if every good Subject will but 
endeavour to do his Duty in the Station assign'd him, 



We are yet free and I hope we shall continue so, and 
there can be no greater Justice than that the Spoilers 
of a Free People should be spoiled by the Laws. But 
all is owing to the Corruptness of the Times and the 
Depravity of Mens Manners for when the Justices 
shall be abused, reviled defamed, threatened and other- 
wise ill treated by wicked Men for only doing the Duty 
of their Oface, and when these Offences are com- 
plained of and given in Charge to a Grand Jury, by 
whom such Offenders are indictable and no Notice taken 
of it, its noA¥onder that from first trampling upon the 
Authority they arrive at greater Heighths of Wicked- 
ness and attempt the Subversion of a Country. Some- 
thing of this kind will be laid before you, and which I 
likewise give you in Charge, even as I am informed 
no less a Crime than threatning to beat a Magistrate 
if he gave a Cause against him, this is a Misdemeanour 
enquirable & indictable by you. I doubt not. Gentle- 
men, when you seriously consider what has been said 
to you, and what has been read to you, and the Mat- 
ters of Fact which will be laid before you, but you will 
do your Duty and discharge your Consciences like Hon- 
est Men. . 

Gentlemen, On Friday last these Eioters to the Num- 
ber of Two Hundred and upwards, entered on Horse- 
back into the City of Perth Amboy, One of the Capi- 
tal Cities of the Province, armed with Clubs and Staves 
to the gi-eat Terrour of the Inhabitants, and being 
alighted a Party of them upwards of a Hundred in 
Number, marched on Foot in a Warlike Manner to the 
Kings Gaol, where the Magistrates both of the City 
and County, the High Sheriff and his Deputy, and the 
Constable were met together in order to keep thePub- 
hck Peace; the Proclamation ordered by Law for Dis- 
persing Rioters was read, and the Sheriff in a Civil 
Manner forwarned them from Breaking open the Gaol 
but all this Authority was treated with Scorn and Deri- 



sion, the Magistrates the Sheriff & Peace officers were 
assaulted by the Mob with Staves and Clubs, the 
Sheriff himself knock'd down and so grievously 
wounded, that it was at first questioned whether he 
would survive it, the Gaol was broke in the Presence 
of the Magistrates, who were not able to repel so great 
a Force, three Doors were burst open with an Iron 
Crow and a Sledge Hammer to get at the Prisoner 
John Bainbridge, who was thus violently set at Lib- 
erty by these Rebels, for such I shall be able to prove 
them by and by; after which by way of Insult to the 
Publick Authority, they triumphantly marched 
through the Town with Fiddles playing before them 
threatning Death and Destruction to all that should 
oppose them. This John Bainbridge was committed 
by the Authority of a Process legally issued by the 
King's Attorney upon an Indictment found against 
him in the County of Somerset for Breaking open the 
King's Gaol there and Eescuinga Prisoner legally com- 
mitted thither. So that the said Bainbridge was a 
Prisoner at the Suit of his Majesty and not upon a 
Dispute between Subject and Subject; Gentlemen, my 
Duty obMges me to charge this Grand Jmy with this 
Rebellious Insurrection, or Levying of War against 
the King; And in this nice Point, I shall not presume 
to offer my own private Thoughts but lay before you 
the Opinion of the Law relating to these Processes. 
The first Authority I shall offer to you is Hawkin's 
Pleas of the Crown, Book 1, Chap 17. Title High 
Treason. Pobham 121, 122 More 621. [Other refer- 
ences in the original are difficult to decipher] 

Now that there was a Design of Rescuing Prisoners 
in general will appear to you from one of the Mob 
coming up to the Gaol after the Rescue of Bainbridge, 
and inquiring if there were any more Prisoners, to re- 
lease, if there were let them come out, and, Gentle- 
men, in Cases of this Nature the Act of one is the Act 


of All and the Declaration of One is the Declaration of 
All. For they were all near at Hand aiding and abet- 
ting this Man By these Authorities it plainly appears. 
That both by the Common Law and the Statute Law, 
These Men are indictable for High Treason for the 
. . . . Acts will be proved to you by Evidence 
viz, That they have made an Insurrection in order to 
redress pretended Publick Grievances; and of their 
own Authority have attempted with Force to redress 
them; That they have insolently invaded the Kings 
Prerogative, by attempting to do that by Private 
Authority which he by Publick Justice ought to do, 
and that is plain by Rescuing this Prisoner out of the 
King's G-aol before he could be brought to Justice, 
which (says the Law) manifestly tends to downright 
Rebellion, and all Rebellion is High Treason; That they 
have attempted to revenge themselves against the 
Magistrates for Executing their offices; That they 
have broke open Jaol with Design to release Prisoners 
in General; That they have in a violent and Forcible 
I^Ianner withstood the King's Lawful Authority, and 
endeavoured to reform the Government, which is 
Levying War against the King and Rebellion, and all 
RebeUion is High Treason. I charge you therefore 
upon the Oath you have taken .... these 
and Misdemeanours. Pity is certainly a Noble and 
Godlike Attribute; but then Pity for yourselves! Pity 
for youi- Famihes! Pity for your Expiring Laws! 
Pity for the King's Good Subjects wounded, beat, and 
abus'd ! And most of All Pity for your Poor Distressed 
Country Miserably torn to Pieces by these Seditious 
Proceedings ought to have the Precedence. Besides 
the Sacred Oath you [have] taken divests you of all 
Favour and Affection as well of all Hatred and Mahce. 
which God forbid should remain in any of us, And I 
do Solemnly declare in the Presence of God and this 
Honourable Court, that tho' they have threaten'd my 


Life and Destruction to my Famiiy, that I have not the 
least Mahce against any One of them; and that what 
I have now alledg'd hath not proceeded from Rancour 
but the Duty of my Office, and the pressing Necessity, 
of putting an End to these dreadful Beginnings before 
the whole Province is involved in Ruin and Destruc- 

Letter from John Reading, eldest CounciUor of New 
Jersey, to the Lords of Trade — informing them of 
the death of President Hamilton, and of his hav- 
ing assumed the Government. 

[From p. R. O. B. T., New Jersey, Vol. V, F 96.] 

New Jersey June the 25*.^ 1747 

My Lords 

On the 17*" Instant John Hamilton Esq!" late Presi- 
dent of his Majesties Council and Commander in Chief 
of this Province departed this life after a long and 
slow illness which for some time before his death ren- 
dered him unfit for the discharge of so great a Trust 
that had fallen upon him But such was the Care and 
dihgence of the Council on that occasion that the Prov- 
ince suffered no injury by his illness Immediatly after 
his death the Council met and I being the person first 
named in his Majesties Instructions to the late Gover- 
nor they Swore me into the Administraion of the Gov- 
ernment I think it my Duty to give your Lordships 
this Information of what has happened in this Prov- 
ince and at the same time beg leave to assure you that 
I shall endeavour to administer the Government truly 
and faithfully as long as it shall continue in my hands 
and as near as may be agreable to the Royal Instruc- 
tions It is with concern that I mention to your Lord- 
ships the internal disturbances of the Province but 


shall not trouble you at present with any particular 
account of those affairs which has already been lay'd 
before your Lordships by order of the late President 
and shall only say that my best endeavours shall never 
be wanting to restore peace & tranquility to the Prov- 
ince to support and mentain his Majesties Authority 
and to check to the utmost of my Power the too prev- 
alent Spirit of faction now reigning in this Govern- 

With my next I shall Send your Lordships the min- 
utes of the Council and such other publick papers as 
may let you into the State and Condition of this Prov- 
ince and in the meantime beg leave to Subscribe my 


My Lords Your Lordships most 

obedient & most Hum? Servant 

To the Lords of Trade &' 

Letter from John Deare to Chief Justice Morris— in- 
fonning him of the Riot at Perth Amboy. 

[From Copy among the Alexander Papers in the Rutherfurd Collection, Volume 

II. No. 11.1 

Perth Amboy July 18"^ 1747 

A few Days ago I wrote Circular Letters to the Jus- 
tices Desiring their Attendance here yesterday when I 
had repeatedlnformation the Rioters would Come & 
Rescue John Bainbridge, Several of the Justices Came 
& most of the Constables, We heard in the Morning 
the Mob were Gathering together about Woodbridge 


but according to your Honours Advice it was Resolved 
not to make any Resistance. About Eleven a Clock 
the Justices the City Magistrates & I attended by my 
Deputies and the constables went to the Market House 
& Walked thare till between Twelve and one when a 
mob of about One hundred & fifty, Ainued with Great 
Clubs Came into the Town on horse back. Rode by my 
door, then ahght, Tyed their Horses to M^ Johnston's 
fence & Came on foot up the Street with Edmond 
Bainbridge, Simon Wyckoff & one Amos Roberts at 
their head and two Fiddles Playing. We mett them 
at the Corner of the Court house I asked their Busi- 
ness, Commanded them to Disperse, Read the Procla- 
mation, which they Suffered me to do but when I be- 
gan to Read the Writt by which I had taken Bain- 
bridge I was knocked down & have a Grrievous Vf ound 
in my head they also Struck the Mayor, broke one of 
the Constable's head beat several of the others and then 
violently with a Sledge and Iron Barr & a Hatchet 
broke open the Outward Door & inward Doors of the 
Goal took out the Prisoner and Carried him off Huz- 

Bainbridge the Father c*c his Son had (afterwards) the 
Impudence Attended by a few more to ride through 
the Town down to the Ferry & Cross the River &, 
then went out of town. After they had broke the 
Goal & as they were Doing it I believe about one hun- 
dred of them Came into Town but the heads of them 
Staid a few of those who came in were known. After 
they were gone the Justices Recorded the Riot Incert- 
iiig the Names of Twenty one. This Sir is our Present 
Condition of which I thought it my Duty to Acquaint 
your Honour and am 

Your Honour's Most obedient and 

Humble Servant 
John Deare 
The Hon'^'« Robert Hunter Morris Esq! 


Affidavits relating to the Riot at Perth Amboy, July 
lUh, 174:7. 

[From certified Copies among Rutherf urd Papers, James Alexander's Collection, 
N. J. Papers, Vol. in, No. 4.] 


Memorandmn That on the 17"' Day of July 2 P.* Year 
of the Reign of our Sovereign Lord George the Sec- 
ond by the Grace of God of Great Britain, ffrance & 
Ireland King &c We Robert Hude, James Thomson, 
James Smith, Thomas Nevill, John S telle, Nicholas 
Everson, Thomas Gage, W™ Cheesman Esq'^'^— Eight 
of the Justices of our Lord the King the Peace of our 
said Lord the King in the s"? County to keep assigned, 
& John Deare EsqV High Sheriff of the said County, 
having Information of a Riot intended to be committed 
in the City of Perth Amboy, We at the .Request of 
the High Sheriff af *? together w^ith him the High Sher- 
iff af'.' did on the Day af '? in our proper Persons go to 
his Majestys Goal or Prison in the said City of Perth 
Amboy in the County af' and then and there did see 
Edmond Bainbridge, Simeon Wyckoffe, Amos Rob- 
erts, Theophilus Burrell, Jacob Shipman Philip . 

. . Barnet Dewit, Cornelius Dehart, Thomas Claw- 
son, DoJins Hegeman Juu'', John Riskies, Richie, 
John Jofters, Cornelius Johnson, John Schermerhorne 
Bodine, Abraham A^'anwinkle, Henry 
• Hcogland, George Bodine Hopper, John Hopper, and 
other Malefactors, & Disturbers of the Peace, of our 
s': Lord the King, to Us unknown, to the Number of 
150, armed with Clubbs, & being so as af? armed. 
Riotously, unlawfully & at the said Goal, did assem- 
ble themselves together & come, & the said Goal did 


assault, & with Force & Violence, to Wit, with an 
Iron Barr, a Sledge & a Hatchet, One Out Door, & 
two Inner Doors of the s'J Goal did break open, & 
thereout did rescue, Sett at Liberty, & carry away one 
John Bainbridge Jun'^ to the s'? Goal legally committed 
by proofs out of his Majestys Supream Comi of Judi- 
cature in this Province, & other Harms to his Majes- 
ty's s'- Goal in the s"? County of Middx Did, to the great 
Disturbance of the Peace of our s'? Lord the King, to 
the grievous Terror of his Majestys Liege People, & 
ag' the Form of the Statute in that Case made & pro- 
vid!'. In Testimony whereof We have j^ut our Seals to 
this present Record. Given at Perth Amboy the Day 
& Year above Written 

Robert Hude (ls) 
James Thomson (ls) 
John Deare James Smith (ls) 

John Nevill (ls) 

John Steele (ls) 


Thomas Gage (ls) 

Jc>hn Nevill one of the Justices in the Record of 
which the Proceeding is a Copy named do Certify that 
I have examined the preceeding Copy with the original 
& that it is a true Copy. Witness my Hand the 20^'' of 
July 1747. John Nevill. 

Rich" Fitz Randolph being one of the People called 
Quakers, on his Solemn Affirmation Declares that on 
the lY*"! Day of this Instant July being informed of a 
Riot intended to be committed at Amboy and seeing a 
Number of People Armed with Clubbs come into Town 
he followed them to the Goal as a Spectator of their 
Proceedings & saw them March up to the Goal to abo' 
(as he thinks the Number of 200 when he also Saw 


the Mayor Sheriff & several others of the Magistrates 
both of the Town & County amongst them & heard 
the Sheriff read the Proclami' Com'anding them to dis- 
perse. Soon after which he this Affirment Saw one 
among their Number (to him unknown) Strike the 
Sheriff with the Butt End of his Clubb so that he 
knocked him down, & in a short Time the Outward 
Door & two inner Doors of the Prison were all broke 
open, & this Affirment Saw one John Bainbridge Jun'.' 
at Liberty out of the s'J Goal who Just before had been 
close lock'd up therein, And this Affirment further 
Saith that Just after the Sheriff was knocked down, 
he saw one Burrill (being one of the Rioters) Menacing 
& Threatening the Mayor of the City, who was then 
among the Crowd endeavouring to make Peace, And 
also Saw s* Burrill lift up his Clubb & Strike at the 
Mayor, but did not liit him, & farther Saith not 

Rich" Fitz Randolph 
Affirmed this 20*'^ of July 1747 before me. 

AndT Johnston. 

The Affid^ of W™ Deare & Jarrett Wall taken be- 
fore Andrew Johnston Mayor of the City of Perth 

These Dep'.'' Say They have Seen John Bainbridge 
Jun- Since (as they are informed) he was rescued out 
of the Goal at Perth Amboy by a Number of People 
wdio hroke open the s'' Goal, & have talk'd to him 
about that Affair — That among other Expressions of 
the s'- Bainbridge the}^ heard him say & threaten that 
if any other Person sho'' be put in Goal on John Coxe's 
account They wo'.' go (meaniug as these Depon'* under 
stood, The People that broke the Goal at Amboy wo'! 
go) & pull Coxe's House down abo^ his Ears & oblige 
him to walk before them to the Goal & deliver the 


Prisoner himself, and upon s"^ Dears Saying M' Coxe 
wo'! have no More Right than they to dehver the Pris- 
oner if he was put in at the Kings Suit, The s'! Bain- 
bridge made Answer that then they wo^l break the 
Goal Doore open for him and Obhge Coxe to go and 
lead the Prisoner out or Words to that Effect, & fur- 
ther say not. 

Sworn the 20^." of July 1747 W^ Deare 

before me And"?" Johnston. Jarritt Wall 

Andrew Kelly of full Age being duly sworn on the 
Holy Evangelists Deposeth & Saith that he was pres- 
ent at the late Riot Committed at Amboy when the 
Goal was broke open & one John Bainbridge a Pris- 
oner in s'! Goal Sett at Libty, that some Short Time after 
the said Riot was committed (on the same Day) he 
heard one of the psons concerned in it Ask another of 
his Company if he had Seen Samuel Nevill upon which 
the other Answered no Damn him for a Son of a Bitch 
I wish I CO"! See him. I'd be the Death of him, or Words 
to that Effect, that the Man that so threatened M! 
Nevills Life was a Stranger to this Deponen! but was 
one of the psons present with a Clubb in his Hand at 
the breaking the Goal as af? & f mother Saith not 
Sworn the 20*." of July 1^4[7] And)^ Kelly 

before me And'T Johnston. 

Middlesex S.s. James Thompson of the Township 
of Piscataqua in the Co*.^' of Middlx Maketh Oath That 
on Frida}^ the 17*^ Day of July ITe was at the City of 
Perth Amboy, where a great Number of People were 
met in a riotous Manner & broke open the Goal there 
& this Dep^' further Saith that he heard some Person 


amongst the Rabble to this Depoii' unknown express 
himself to this Effect to witt Whow is Nevill God 
Damn him, We will put an End to him, And farther 
this Dep^ Saith not 

Taken this 18*!^ Day of July Ja^ Thompson 

1 747 before me And''' Johnston. 

I do Certify that I have exam'! the three preceeding 
Copies with the Original Affidavits now in my Hands 
& they do each agree with the Original 

July the 20'^ 1747 AndT Johnston. 

Middlesex Ss Sarah Martin of the Township of 
Wooodbridge, in the County of Middlx, Widow of 
full Age Maketh Oath That on Friday the 17"' of this 
Instant July abo^ 9 of the Clock in the Morning a great 
Number of People to the Number of 70 or SO as this 
Dep^ bel* & was informed, came to this Depon'^ House 
a Tavern in Woodbridge af'-, amongst which Company 
were Simon Wicoff, Tho?Clawson, Hendrick Hoagland, 
& many others to this Depon"^ unknown But she bel' 
to be some of the Persons called the Rioters, That they 
Waited at this Dep*^ House & thereabouts near two 
Hours (as this Dep* understood) for sev! more of their 
G-ang coming up. And this Dep- further Saith That 
some of the s'' Rioters sayd they were going to Amboy 
to take a Man out of Goal; That about 11 a Clock they 
went a Way towards Amboy — And this Dep^ further 
Saith that abo^ 4 or 5 a Clock in the Afternoon of the 
s"^ Day the s'- Rioters Much abo^ the af'.^ Number re- 
turned to her House, and that Simon Wicoff, Tho- 
Clawson & Hendrick Hoagland were then in the s'^ 
Company; And this Dep* further Says that she heard 
some of the Rioters say that they had taken one John 
Bainbridge out of Goal & had sent him over the Ferry 
Home, And if there had beenaHund'^ Committed they 
wo'^ taken them out as fast as they sho'' be put in, for 


they did not go abo' such an Affair, but what they 
CO'- do it, or Words to that Effect; And this Dep' fur- 
ther Saith that she lieard some of the s^ Rioters (to this 
Dep- unknown) declare that if they had met with any 
Resistance in Amboy, or if they (Meaning as this Dep!' 
bels the Authority) had fired u^Don them, the s"? Riot- 
ers or hurt any of them There sho"^ not have been a 
Man left alive, or a House Standing in the s'? City of 
Perth Amboy, but they the s'- Rioters if they co'.'^ have 
done nothing else wo'- have drove them into the River, 
And this Dep* further says that she heard some of 
the s'? Rioters Say that they had built a Goal back in 
the Woods & that they wo'? take M' John Coxe & M^ 
Saml Nevill & put them into the s'? Goal & then See 
who durst fetch them out, or Words to this Effect 
And this Dep- farther Says that she understood bv the 
s*^ Rioters Expressions that they had Way laid M!" 
Coxe in Order to Catch him. And that they threatned 
to do the s'- M- Coxe a Mischief & pull his House down 
to the Ground, And this Dep- further Saith, that 
Simon Wicoff sayd to this Dep* you knew of our com- 
ing why did you not get Beer, I recommended them 
to your House, And this Dep- replyed I did not expect 
to see you here, but I sho'? not have got Beer the 
Sooner upon this Account, or Words to that Effect; 
And this Dep* further Sayth that the s'f Rioters re- 
joiced & greatly triumphed in what they had done 
And further this Dep* Saith not 


Sarah V Martin. 


Sworn this 20*^ day of July 
1747 before me Samuel Nevill. 

I have examined the preceeding Copy with the 
Origi.' Affid* now in my Hands & find them to agree 
July 20*1' 1747. 

Sam?- Nevill. 


Letter from Chief Justice Robert Hunter Morris to 
James Alexander — about New Jersey Affairs. 

[From Original among James Alexander's Tapers in Rutherfurd Collection, 
Volume 1, No. 8. | 

Trenton July 28* 1747 
Dear Sir 

-;:- -;:• v:- -;:- Qj-^ Tuesday last I left home in orclei- to 
attend the President in Council the next day at Amboy 
and we accordingly met on the Wednesday afternoon, 
sundry affidavits were laid before us relating to the 
Riot at Amboy, and the insolent behaviour of the 
mobb on that Occasion, of which I would send you 
coppys if I had time, upon them the councill advised 
the calling the Assembly as soon as possible, and ap- 
proved the form of a letter from the Secretary to Each 
Member in which the disturbances of the Province 
occasioned by the many Riots and particularly the 
last at Amboy are mentionVl as the principal cause of 
their being call'd together at this time, that they may 
have no pretence for not doing their duty — The time 
of meeting is on the 8'' tuesday of August and I hope 
we shall have your comjmny. — 

I must own to you that I have no great expectations 
of their doing any thing Effectually to stop so danger- 
ous an evill, but nevertheless think it Right to push 
the Matter as home to them as we can, not only in 
the speech, but by Bills and messages from the Coun- 
cill, and I think we should be ready early in the ses- 
sion that they may have no time to contrive ineffec- 
tuall measures that will have no other effect than to 
screen them from the g-uilt of suffering these things 
so long to pass with impunity, but will not answ^er 
either to stop the present or prevent the like disturb- 
ances for the future 

The council agreed to make a representation to his 
majesty of the state of the provinces, and for the 


DrawiDg up what is proper on that Occasion they have 
appointed you W Coxe and Myself, I proposed a letter 
from the President and Council to the D of Newcastle, 
to be immediately drawn up, the gentlemen were in 
too much haste to return to their homes to come into 
any such step, and so it was not agreed to 

The Court of Pleas and Quarter Session sat the last 
week at Amboy for the County of Middlesex and 
Nevill labour'd hard in his charge, and otherwise, to 
have some of the Eioters indicted for high treason, 
but he had a grand Jury that would hardly indict 
them for a Riot; I told him I thought him wrong to 
press that matter without first advising upon it, espe- 
cially as the Supream Court was near; he said he had 
M^ Kearnys Advice for what he did, and seem'd very 
fond of pushing the thing, and of having the witnesses 
examin'd by the grand Jury in open court; but that I 

As this Insurrection has happen'd in the County 
where the next term is to be held, it will be incumbent 
on me to recomend it in the Strongest terms to the grand 
Jury, and as I conceive it to be an overt act of Trea- 
son I don't see how I can avoid mentioning it as such; 
and on this head I must beg your thoughts and assist- 
ance and for that end hope to see you at Amboy on the 
day before the Court that we may agree upon what 
will be proper to be said to the grand Jury. And here 
I would Observe that it can have, no ill Effects upon 
the honest part of the Province to have a Bill of high 
Treason found against some of these Common disturb- 
ers, but it may answer some good purpose, either by 
inducing the Assembly to come into speedy and effec- 
tual! measures, or if they refuse, by alarming the gov- 
ernment at Home and making them think of taking 
notice of, and punishing in the Bud, an evill that let 
alone wiU wrest their Plantations out of their Hands, 
— but of this when we meet. 

You Observe well that our greatest safety consists in 


onr strength in coiincill, and in order to preserve it we 
must take care to hang as much as possible together 
and give no Just grounds for suspentions. — -we have 
no reason to expect any considerable number in the 
other house, at present, v^liatever we may do on a new 
choice, our chief dependance then must be on the 
Middlesex Members and one or two more that they 
can Influence, who by keeping themselves together 
without Joyning either with the Quakers, or those in 
the opposition may have it in their power to throw the 
Ballance on which side they think best, and will con- 
sequently be counted by both, and may challenge 
better terms. — That there will be an opposition upon 
the Arrivall of the new (lovernor, I make not the 
least doubt from the knowledge I have of the temper 
and disposition of some of the Members. " "" " 

Your letter to the Presid' ' I signed and delivered at 
Amboy upon reading it, he said he hoped we would 
continue to assist him as we had done M' Hamilton, 
I told him M' Hamiltons inability rendered it abso- 
lutely necessary that somebody should carry on a cor- 
respondence with the offices at home, but the case was 
now altered, However I assured him that neither you 
nor I should be wanting in affording him all the assist- 
ance in our power upon every Occasion. — 

When it was concluded to call the Assembly and to 
press upon them this Matter of the Riots. The Preside 
Requested that M' Cox yourself & I should prepare a 
speech for him against their Next meeting and desired 
we would mention it to you. 

Inclosed I send you a letter from the Presid' to the 
Lords of trade which you will please to read and for- 
ward. He would date it before the Riot at Amboy 
because he would not Mention it till he could send 
home the Representation proposed lo be made at the 
next meeting. 

John Reading succeeding Mr. Hamilton, as the oldest Coimcillor.-ED. 


* * ""■ My time will be so much taken up before 
the Court in preparing what is proper for the Grand 
Jury, and in writing some letters to England to go by 
a Ship from Philadelphia, that I shall hardly be able 
to apply my thoughts to the Presid** Speech and must 
therefore leave that matter to you. 

I observe in Paris's letter of the 10"' of February that 
he says Partridge drew up and presented to the Board 
of trade a Speciall memorial in favour of paper money. 
Partridge has mentioned this in one of his letters to 
the Late Presid- and the thing is talked of pretty pub- 
lickly, I got .... speak to Eaton upon it (who 
is one of the Committee of Correspondence) to know 
if any orders were given him for making such repre- 
sentation he declared there was not, and if he had 
taken upon him to ask such an Instruction as would 
give an unlimited lycence for passing of money bills 
he should be no longer their Agent, this, and the rela- 
tion he stands in to the govV ' will go nigh to throw him 
from that trust, and if it should I think we may easily 
put it into M!' Paris's hands, which if this take a bad 
turn will be of great use; I have not Appeared in this 
affair nor do I intend it, but think it may be managed 
by other Hands, it may not be amiss to hint this to 
]VP Paris, and desire him to send a coppy of that spe- 
ciall Memoriall. 

* * * I am glad to hear the gout has left you and 
hope before the Court you will be able to walk without 
either crutch or cain. 

I am D^ Sir Your Most 

Faithfull Humble Serv^ 

' Richard Partridge was brother-in-law to Governor Belcher.— Ed. 



Alexander: James. 281, 294, 314-317, 329, 
359. 360. 397.— Difficulties with Gov. 
Cosby and President CUai'ke, of New 
York, 71.— Irregular in his attendance 
upon the Couacil, 107.— A member 
for East Jersey, 109.— On North Par- 
tition point. 145.— Letters from, and 
R. H. Morris, about the affairs of 
the Province, 419, 446.— Letter to. 
from R. H. Morris, about affairs of 
tlie Province. 471. 

Allen: John, Recommended for the 
Council of West Jersey, 110. 

Anderson: Abraham, 410. 

Anderson: John, One of the rioters, 455. 

Antill: Edward, Recommended for the 
Council of East Jersey, 110.— Auto- 
graph of, 233. — Referred to, 237. 

Ai-ents: Jacob, 308, 309. 

Ashfleld: Richard, 318.— Recommended 
for the Council of East Jersey, 110.— 
Acting as such. 139. 

Assembly of New Jersey: Thank the 
King for giving them a Governor 
separate from New York, 58. — Differ- 
ences between, and the Council, 62, 
65.— Settled a support for three years 
on Gov. Morris, 68.— On appropria- 
tion for troops, 101. — Representation 
of, about manufacture of iron, 140. — 
Two acts submitted for the opinion 
of Francis Fane, 150.— To Gov. Mor- 
ris, relative to the Militia, &c., 181, 
189.— Dissolved by Gov. Morris, 190.— 
Proceedings relative to acts regula- 
ting fees, 239.— Minutes of October 3- 
18, 1745. 240.— On riots, 250.— Message 
to, from the Governor. 251.— Rights 
of, 321. — Petition to, from rioters, 
3 18. —Extract from address of Gov- 
ernor to, 404.— .Uldress of, to Gover- 
nor, 405.— Pi-esident Hamilton's ad- 
dress to, 436.— Message from, to 
President Hamilton, 438. 


Bainbridge: John, One of the rioters. 

463, 464.— Rescued, 400-169. 
Bainbridge: Edmond, One of the rioters. 

455, 405. 
Baker : John, 208. —One < if the rioters, 35 1 . 
Baldwin : Amos, One of the rioters, 351 . 
Baldwin: Caleb, One of the rioter,-;. 351 . 
Baldwin: David. One of the rioters, 351 . 
Baldwin: Nathan, ()neof the rioters, 351. 
Baldwin: Nehemiah, One of the rioters, 


Baldwin: Samuel, 346, 3.50, 361, .367. 

Ball: Aaron. One of the rioters, 351. 

Ball: Ezekiel. One of the rioters. 351. 

Ball: Njithaniel. One of the rioters. 351. 

Ball: Timothy, One of the rioters, 351. 

Balsey: Robert, 169. 

Bayard: John, 144. 

Baylies: John, 207'. 

Baynton: Peter. Named for the Coimcil. 
107, 109.— Died, 237. 

Beacon: On Navesink Highlands, de- 
stroyed 378, 379. 

Beasley : Michael, Affidavit of, relative to 
Sloop San Megill, 388. 

Belcher: Jonathan, Appointed Governor. 
363, 4.34.- Petition to the King about 
salaiy, 443.— Autograph, 445.— Peti- 

tion for leave of absence, 449.— An- 
swer to foregoing petition, 453. 

Benydick: Thomas, 207. 

Bergen: Riot in, 415. 

Bills of Credit: 02, 111-110. 122,131.223, 

Bodiue : George, Among the rioters, 450. 

Bonnel : Joshua. Vote on Militia Act, 202. 

Bonnell: Joseph, Speaker of House of 
Assembly, .59. 

Brainard: Rev. Mr., 400. 

Brief Vindication of the Pm-chasers. 
against the Proprietors, in a Chris- 
tian manner. 2i)0. 

Bristed [Breested]: Wilham, 429.4-31. 

Brov.n. Jr. : John. One of the rioters, :i51 . 

Brown: Moses. One of the rioters, 351. 

Brown: Zebedee, One of the rioters, 351. 

Bunbridge, Ji\ : Jolm. One of the rioters. 

Burlington; 200; Gov. Morris publishes 
his commission at, 57. — Described, 
108.— Old papers found at i:W.— Gov. 
I»Iorris taken sick at. 257. 

Burnet: Gov. William, 71. 

Burwell [Burrell): Theophilus, One of 
the rioters, ;i51, 4.55, 405, 407. 




Camfleld: Ephraim, One of the rioters, 

Camp: Nathaniel, 340. S.JO, 361, 3G7, 396.— 
Letter to, from Elislia Parker, 392. 

Carkesse: Charles, Secretary to the 
Commissioners of the Customs, 406. 

Carteret: Gov. Philip, 209. 

I'hapman: John, 147. 

Chew: Samuel, of Pennsylvania, excom- 
municated by the Quakers, 173. 

Cheeseman: William. Affidavit respect- 
ing riot at Perth Amboy, 465. 

Clarke: George, of New York, comment- 
ed on, 65, 73, 76, 78, 818. 

Clawson: Thomas, 417.— One of the riot- 
ers, 455, 469. 

Clinton: Gov. George, of New York, on 
partition line, 162.— Alluded to. 318, 
36S, 370, 373, 377.— Letter to, from 
Capt. Joseph Espinoza, 380.— Letter 
from, to Col. Schuyler, about troops, 
441, 448. -Autograph of, 442. — Letter 
from, to Duke of Newcastle, about 
troops, 451. 

Collinson: Peter, Correspondent of 
James Alexander, 71, 77. 

Colony: Annual produce of each, 87. 

Commissions: To Gov. Lewis Morris, 2.— 
Robert Hunter Morris, Lewis John- 
son and Elisha Parker, 353. 

Condit rCondict, Coneditt]: John, 294. 
316, 346, 350, 361, 367. 

Condict: Jotham, One of the rioters, 351. 

Cook: Michael, 346, 350, 361, 367. 

Cook: William, Vote on Militia Act, 292. 

Cooper: Daniel, 436. 

Cooper: Joseph, Vote on3Iilitia Act, 392. 

Cornelison: Garret, One of the rioters, 

Cosby: AVilliam, Governor, comments 
on, 66, 71. 

Comicil of New Jersey : Thank the King 
for giving them a Governor separate 
from New York, 59.— Differences be- 
tween, and the Assembl,y. 63, 65. — 
Four members suspended, 105, 106.— 
Reasons for rejecting several acts, 
319.— Recommendations for, 232.— 
Oaths administered to President 
Hamilton, 367.— About expedition 
against the Indians, 369-371.— About 
embarkation of troops, 376. -Extract 
from message of the Governor rela- 
ting to riots, 414.— Proceedings rela- 
tive to troops, 434, 435. 

Coxe : Daniel, One of Gov. Morris's pall 
bearers, 368. 

Coxe: John, Acts as one of the Council, 
139.— Recommended for the Council, 
233.— Referred to, 467, 470, 472, 

Cranberry ; Indians living near, 406. 

Craine: Azariah, *^)ne of the rioters, 351. 

Crane: Gamaliel, One of the rioters, 245. 

Crane: Job, One of the rioters, 245. 

Crane, Jr. : Daniel, One of the rioters, 351. 

Crane: William, One of the rioters, 245. 

Cross: John, Presbyterian minister, 429, 

Crowell : Samuel, One of the rioters, 345. 

Currency: Questions of, considered, 51, 
62, 78, 83, 91, 111, 133, 134. 


Dag worthy: Capt. John. Number of men 
in his company, 425. 

Dalrimple: Jo.seph, 427. 

Davis, Jr. : Jonathan, One of the rioters, 

Davis: Solomon, 165. 

Davis: Nathaniel. Called Captain of the 
rioters, 431, 433. 

Day: Amos, One of the rioters, 351. 

Day: Thomas, One of the rioters, 351. 

Day, Jr. : Thomas, One of the rioters, 351. 

Day: Paul, One of the rioters, 351. 

Deare : John, Letter from, to Chief Jus- 
tice Morris, about riot at Perth Am- 
boy, 463.— High Sheriff of Middlesex, 

Deare: William, Affidavit about riot at 

Perth Amboy, 467. 
Dehart: Cornelius, One of the rioters, 

4.58, 465. 
DeKey: Thomas, 149. 
DeLancy: James, 149. 169. 
Demarest: David, Vote on Militia Act, 

Denton ; Daniel, 807. 
Denton; Nathan, 2U7. 
Dewitt: Barent, One of the rioters. 455, 

Dinwiddle: Robert, On the trade of the 

British Empire, 83. 
Dockwra: William. 428, 4;31. 
Dod: John, One of the rioters. 351. 
Dunster: Dan. Donaldson, Acting as one 

of the Council, 13'.). 


Easom: John, Affidavit respecting Sloop 

St. Megill, 390. 
Eaton: John, Vote on Militia Act, 202.— 

Prepares a draft of a message to the 

Governor, 246. 
Elizabethtown: Inhabitants of, petition 

to C 'ouucil about their controversies 
with the Proprietors, 205. 

Espinoza: Caj)!. Jose|)h, Complains of 
Imprisonment. &c.. :;S0-388. 

Everson: Nicliolas. Afiidavit of, respect- 
ing riot in Perth Amboy, 465. 

Farmar: Thomas, Votes on Militia Act, 

202, 203. 
Farrand: Ebenezer, One of the rioters, 

Ft^es: Acts relating to. 838. 
Fitz; Randolph: Richard, Affidavit about 

riot at Peith Amboy, 466. 

Flags: borne by ships liaviu.g private 
commissions, 128. 

Foster: John, 307. 

Fraser; WiUiam, Collector of Customs 
at Salem, 98. 

French: Philip. One of Gov. Morris's pall- 
bearers, 368. 



Gage; Thomas. Affidavit respecting riot Garner: Joseph, One of ihe riotei-s, XA. 
at Perth Amboy, 468. I Glass Blanufacture: In New Jersey, 98, 

Gardner: Thomas, One of the i-iotcrs, 345. | Grants: Early, referred to, 837. 


Hamilton: John, Speaker of the Council, 
59. —Differences with Gov. Morris 
about salarJ^ 69. —One of the Council 
from East Jersey, 109.— Autograph, 
145. — On Gov. Morris' claim for a 
special salary, 151.— Letters to, from 
Lords of Trade, respecting Gov. Mor- 
ris' salary, 1.53, 17;i.— Instructions of, 
to John Lawrence, about running the 
partition line, 154. — Commission to, 
on East and West Jersey line, 353.— 
Sworn into office as successor to Gov. 
Morris, 368.— Notifies Council of New 
York of destruction of beai'on on 
Highlands of Neversiuk, 379.— Re- 
ferred to, 414, 419.— Address to As- 
sembly relative to the troops, &c., 
436. — Answer of Assembly to fore- 
going, 439.— Letter to Colonel Schuy- 
ler, 447.— His death amiounced to the 
Lords of Trade, 462. 

Hampton : James. 471 . 

Hancock: William, Vote on Militia bill, 

Harison: John, 147.— One of the rioters, 

Harrison: Amos, One of the rioters, 351. 

Harrison: Daniel. 149, 403. 

Harrison: John, Commissioned to run 
partition line, 352. 

Harison: John, 147.— One of the rioters, 

Harrison: Samuel, 346, 350, 261, 367. 

Hart: Edward, Raising trooos for Cana- 
da expedition, 371,372.— Cannot long- 
er support them liimself, 373. 

Hartshorne : Robert, In charge of beacon 
on Neverslnk Higlilands, 374. 

Hegemen, Jr.: Boilings, One of the riot- 
ers, 455, 465. 

Hoghtelen: Johannes, 167. 

Hogelandt: Henry, One of the rioters, 
456, 465, 469. 

Home: Ai'chibald, Recommended for 
the Council, 109.— Appointed, 137.— 
Dies, 337, 

Hood : Clawson, 417. 

Hooper: Robert Lettice, 109, 137. 

Hopper: George [Bodine], One of the 
rioters, 456, 465. 

Hopper; John, One of the rioters, 465. 

Hude: James. Recommended for the 
Council, 333.— Autograph, 333, 337. — 
Pall-bearer to Gov. Morris, 368. 

Hude: Robert, Affidavit of, respecting 
riot at Perth Amboy, 465. 

Hunter: Gov. Robert, 71. 

Ike: Philip, One of the rioters, 465. 
Indians: Near Cranberry, 406. 
Indian Grants: Referred to, 3:39, 341. 
Instructions: To Gov. Lewis Morris. 13. 

1 To the Governors of Plantations, rela- 
I five to foreign coins, 94. 
Iron: Manufacture of. Representation 
1 respecting. 140. 

Jacobus: Hendrick, One of the rioters, 

Jarratt: Allane, Surveyor of New York, 
146, 170. 

Jenkins: Griffin, Author of a Brief Vin- 
dication, &c., 388, 397, 311, 330. 

Jeffries L Jefferies] : Edward, 415. 

Jeffries [ Jeflfers] : John, One of tlie riot- 
ers, 455, 465. 

Johnson: Major. 403. 

Johnson: Cornelius, One of the rioters. 
4.55, 465. 

Johnston: Andrew, Succeeds Ai-chibald 
Home in the Council. 138. — Speaker 
of the Assembly, autograph. 143. — 
Instructions to John Lawrence, about 
running the partition line between 
East and West Jersey, 1.54.— Recom- 
mended for the Conucil, 233, 337. - 
Autograph, 333. — Pall-bearer to Gov. 
Morris, 368.— Referred to, 473. 


Kearny: Philip, Pall-bearer to Gov. Mor- 
ris, 368. 
Keith: George, 1.55, 156. 

Kelly: Andrew, Affidavit about riot at 

Perth Amboy. 468. 
Kemble: Peter. Recommended for the 

Council, 233, 338. 
(Kent: Ely, One of the rioters, 351. 



Lamson : Eleazar, One of the rioters, 245. 
Lamson: Thomas, One of the rioters, 351. 
Lawrence: John. Instructions to, about 

running the partition line between 

East and West Jersey, 154. 
Lawrence: Joseph, One of the rioters, 

Lawrence: Robert, Vote on MiUtia Act, 

Learning: Aaron, Votes on Militia Act, 

202, 203. 
Leonard: Capt. Henry, One of the riot- 
ers, 425. 
Leonard: Nathaniel, In charge of beacon 

in Neversink Highlands, 374. 
Leonard: Samuel, Acting as one of the 

Council, 139. — Votes on Militia Act, 

202, 203. 
Leonard: Thomas, Recommended for 

the Council. 233, 238.— Pall-bearer of 

Gov. Morris, 368. 

Line: Partition, Between New York and 
New Jersey, 138, 144.— North partition 
point in. 145.— Instructions to John 
Lawrence respecting line between 
East and West Jersey, 1.54. - Report 
of Chief Justice Morris respecting, 
168.— Memorial of Proprietors for 
running East and West Jersey line 
ex parte, 216.— Between East and 
West Jersey, 352. 

Lindsley: Ebenezer, One of the rioters, 

Lindsley: Josiah, One of the rioters, 351. 

Little: John. 373. 

Low: John, 294, 316, 267, 408. 

Lyell: David. On East and West Jersey 
line. 352. 

Lyell: Fenwick, Member of the Council 
for East Jersey, 109.- Dies. 237. 

Lyndsley : Elisha, One of the rioters, 351. 

Lyon: Isaac, 402. 


Martin: Sarah, Affidavit of, respecting 
riot at Perth Amboy, 469. 

Matthews: Capt. Vincent, 166. 

McEvers: John, 169, 170. 171. 

McConnell: Thomas, 430. 

Miaker |Meeker|: Timothy, One of the 
rioters, 307. 

Mickle: John, Vote on Militia Act, 202. 

Middlesex Coimty: Rioters in, 455.— 
Grand Jury of, charged by Judge 
Nevill, 456. 

Jliller: Thomas, 429, 4.30. 

Militia: Different condition of. in East 
and West Jersey, 105.— Gov. Morris 
on, 178, 179, 183. 198, 307, 265,— Ab- 
stract of bill settling the. 191. 407.— 
Comments of Assemblr ou, 249. 

Minisink Island: 1P3. 165,170. 

Monmouth: Watches on coast of. 073. 
— Beacon destroyed, 378. 

Montgomerie: Gov. John, 71. 

Morris: Lewis, Commissioned as Gover- 
nor, 1, 2.— Instructions to, 13.— Pub- 
lishes his commission, 56, 57.— Auto- 
graph, 57. — Letter from, to Sir 
Charles Wager. 60. — Comments on 
the people and the Legislature, 01 . - 
Assembly grant him a support for 
three years, 68.— Differences with 
John Hamilton about salary. 09.— Ou 
the raising of troops in New Jersey, 
99. 101, 102.— Proclamation about cur- 

rency of foreign coins, 117.— On New 
Jersey affairs. 130. — Petition to. about 
the partition hne, 138. 139. 14-1.- Claim 
of, for special salary. 151, 172. — To 
Gov. Clinton, of New York, about 
partition line, 162. — Speeches to the 
Legislatiu-e, 178.— Dissolves the As- 
sembly, 190. -Observations on Militia 
Act. 198— Petition to, from the East 
Jersey Proprietors, to run the parti- 
tion line ca- parfe, 216.— Representa- 
tion to, from the Council, with rea- 
sons for repealing several acts, 219. — 
Certificate of. relative to the surren- 
der of tlie Proprietors, 234. — Message 
to, from General Assembly. 246. — 
jlessage to the Assembly. 25] .—Taken 
sicli in Bui-lington. 257.— Referred to, 
36:;}.— Dies, 368. 414. 

Blorris. Jr.: Lewis. 169. 

Morris: Robert Hunter. Chief Ju.stice, 
236.— Report to the Proprietors about 
northern boundary. 1 68. —Referred 
to, 294, 31.5-317, 329, 333, a59, 360.- 
Commission to run line between East 
and West Jersey, 352. — Letter to 
James Alexander about New Jersev 
affairs, 421. -Dies (176-1), 324. 

Mott: Ger,shom, 1.54. 

Mott: William, Vote on Militia act, 202. 

Murraj-: Joseph. 303, 396. 


Nevill: Samuel, Judge, Acting as one of 
the Comicil, 139.— Autogi-aph, 323.— 
Votes on Militia Act. 202, 203.— Speech 
in Assembly in answer to the rioters' 
petitions, 323. -Referred to, 409, 417, 
468-470, 472.— Charge to Grand Jurv, 

NeviU: Thomas, Affidavit respecting 
riots at Pertli Amboy, 465. 

Beacon in the Highlands of, 
,)2, 297, 331, 336. 
!::5.— Population 



Newark: Riots in. 

398, 399. 411, 417. 
New Jersey: Trade of, r^i 

of, !i42. 
Nichols: Gov. Richard, 208 


Ogden: David, 293, 294, 314, 315, 328. 334, lOgden: John, 208. 

346, 349, 359, 393, 395, 396, 412,— Trans- Ogden: Samuel, One of the rioters, 351. 
mits affidavits relative to riots, 436. — 
Autograph, 427. I 




Pacheco: Rodrigo, Correspondent of 
James Alexander, 7 T.- -Memorial of, 
to the Lords of Trade about purchas- 
ing lands from Indians, 44iJ. 

Paper Money: 51, G-^, 111. 

Paris: Ferdinand John, Letter from, to 
James Alexander, 4-J-J. —Notice of , and 
autograph, 43t.— Referred to, 474. 

Parker: Elisha, 350. 361.— Commissioned 
to i-un line between East and West 
Jersey. 352.— Letter to, fr im Com- 
mittee of Rioters, 393.— Affidavit of, 
relative to proceedings of I'ioters, 
39.").— Autogi-aph, 397.— Notice of, 397. 
— Referred to, 413. 

Parker: Capt. James, Number of men in 
his company, 435. 

Parker: James! Publisher of The New 
American Magazine, 331. 

Parkens: SamueC One of the rioters, 357. 

Partridge: Richard, On the paper cur- 
rency of America, 91. — Memorial of, 
to Lorcis of Trade, about purchasing 
lands fi'om Indians, 142.— Order of 
Council upon petition of, relative to 
bills of credit, 301.— Petition of, 302. 
—Autograph, 365. -Petition of, about 
bills of credit, 433.— Referred to, 474. 

Pearson : Isaac. Vote on Militia Act, 203. 

Pennsylvania: Excommunication of a 
Quaker Chief Justice, 173. 

Penn: William, 281, 299. 

Perth Aniboy: Gov, Morris publishes his 
commission at, 57.— A poor, incon- 
siderable place, 108— Alluded to, 130, 
131, 100, SCO, 201.— Riot at. 4C3.— Affi- 
davits relating to riots at, 465. 

Pen-y: Benjamin, One of the r"oters, 351. 

Fierce: Capt. Vincent, Son-in-law of Gov. 
Morris, 00. 

Pierson: Joseph, One of the rioters, 245. 

Pierson [Person;: Jonathan, 340, 3C0, 301, 

Pierson: Benjamin, One of the rioters, 

Population : Of the different colonies, 89. 
—Of New Jersey, 242. 

Price: Samuel, One of the rioters. 435. 

Proprietors of PJast Jersey: Publication 
of. respecting the riots, 297. — Answer 
of. to a petition of rioters. 353.— No- 
tice to, from Committee of Rioters, 

Provoost: , Discharged from the 

Council, 202. 


Quakers: Opposed to the Council, 05.— 
Render it difficult to raise troops in 

West Jersey, 104. 


Read: Charles, Pall-bearer to Gov. Mor- 
ris, 3C8. 

Reading: John, Jlember of the Council 
from West Jersey, 109.— Speaker of 
Council, autograph, 143, 403.— Letter 
to the Lords of Trade on death of 
President Hamilton, 402. 

Redford : Major John, of Monmouth, 373. 

Riekie [Richiei: Israel, One of the riot- 
ei-s, 405. 

Riekie [Richie] : John, One of the rioters, 

Riot at Perth Amboy: 403, '165. 

Riots at Newark: 251, 297.— State of facts 
respecting, 397. 

Rioters: List of, in Essex County, 24".— 
Committee fi'om, 292.— Petition from, 

to House of Assembly, 34S.— Answer 
of Proprietors to, 3o3.— Letter to, 
from East Jersey Proprietors. 393.— 
Their publication in New York Post- 
boy, 404. — Affidavits respecting, 427.— 
In Somerset and Middlesex Counties, 

Riskies: John, One of the rioters, 405. 

Ritger: Abraham. One of the rioter.-;, 345. 

Roberts: Amos, One of the rioters, 351, 
4C3, 404, 455, 405. 

Rodman: John, A member of the Coun- 
cil from West Jersej-, 109. 

Rutherfurd: John, 397 

Rutherfurd: Walter, 397. 

Ryerson: Martin, 154, 158. 


Salem: Manufacture of glass at, 98. 

Saltar: Richard, In charge of beacon on 
Neversink Highlands. 374. 

Sargeant: Thomas, One of the rioters, 
245, 401. 

Schuyler: John, Discharged from the 
Council at his own retjuest, 105, 237. 

Schuyler: Peter, Appointed Colonel of 
forces in tjanada, 378.— Number of 
men in his company, 424.— Letter to, 
from Gov. CUnton. 441.— Letter to, 
from President Hamilton, 447.— Re- 
ferred to, 451. 

Schermerhorn [Skermerhornel : John, 
One of the rioters, 455, 465. 


Scovenoven: Isaac, 107. 

Shinn: Thomas, Vote on Mihtia Act, 202. 

Shipman : Jacob, One of the rioters, 455, 

Shirley: Governor, 3'J8. 

Slaves: Number of. in the different colo- 
nies, 90.— Bill for larger duty on, re- 
jected by the Council. 222. 

Smith: James. Affidavit of, respecting 
riot at Perth Arabo.^-, 465. 

Smith: William, 169, 393, 330. 

Smith: Richard. A member of the Coun- 
cil from West Jersey. 109.— Vote on 
Militia Act, 202. 

Smyth: Lawrence, Clerk of East Jersey 
Pi-oprietors' Coimcil, 309. 



Sonmans: Peter, Wife of, 323. 
Somerset Jail: Broken open, 417. 
Somerset County: Rioters in, 455. 
Spicer: Francis, 315. 
Squire : Jonathan, One of the rioters, 'Md. 
Stacy: Blahlon, Acting as one of the 

Council, 139. 
St. Megill: Sloop captured, 380-392. 

Stelle: John, AfBdavit respecting riot at 

Perth Amboy, 4G5. 
Stevens: C'apt. Campble, Nnumber of 

men in his company. 428. 
Stivers: Samuel, One of the rioters. •~!45. 
Surrender of the Government in 1702: 



Taylor, Jr.: David, One of the rioters, 1 Timber: Bill for the preservation of , re- 

351. jected, 22o. 

Thomlinson: Capt. John, On paper Tompkins: John, One of the rioters, 245. 

money in America. 111. 'I'renton: Alluded to, 2G1. 262. 

Thompson: James, Affidavit of, about Troop: Raising of, in New Jersey, 99, 419. 

riot at Perth Amboy, 465, 468. 1 , 

Vanaken: Abraham, Petition of, about 

disturbances on northern boundary, 

163, 167-168, 218. 
Van Buskerk: LawTence, Vote on Militia 

Act, 20-2. 
Van Dam : Rip, 73, 74. 
Van Gesiu: Isaac, 203, 294, 311, 351. 
VanHorne: Cornelius, Discharged from 

the Coiuicil at his own request, 106, 

Van Middles war fc: John, Vote on Militia 

Act, 202. 
Van Veghten: Dirick, Vote on Militia 

Act, 202. 

Van Winkle : Abraham, One of the riot- 
ers, 456. 465. 

Van Winkle: Johannes, One of the riot- 
ers, 245. 

Vincent: John, One of the rioters, 245. 

Vincent, Jr. : Levi, One of the rioters, 216. 

Vincent: Levines, One of tlie rioters, 351. 

" Vindication of the Purchasers against 
the Proprietors in a Christian man- 
ner," 266. 

Vessels: Number of, trading with the 
Colonies, 84, 85. 

Vreeland: George, Vote on Mihtia Act, 

Vreelandt: Michael, 346, 367. 


Wager: Sir Charles, Notice of, 60, 77. 
Wall: Jarret, Affidavit about riot at 

Perth Amboy, 467, 
Ward: Abell, One of the rioters, 351. 
Ward: Caleb, One of the rioters, 351. 
Ward. Robert, One of the rioters, 245. 
Ward: Elisha, One of the rioters, 245. 
Ware: Capt. Thomas, Number of men in 

his company, 425. 
Warrell: Josepn, 1G6. 
Watson: Luke, 207. 
Westbrook: Johannes, 106, 167. 
Westphale: Inman, Petition of, about 

disturbances on northern boundary, 

103, 1G7. 168, 215. 
Wells: John, One of the rioters, 301. 

Wheeler: Nathaniel, 346, 350, 361, 367. 

Wileman: Henry, 145. 

Wills 'Wells]: Johu,rischarged from the 
Council at his own request, 106, 2.37. 

Williams: Joseph, One of the rioters, 331. 

Williams: Daniel, One of the rioters, 245. 

Williamson: Wilham, One of the rioters, 

Willocks: George, Connected with East 
and West Jersey line, 352. 

Willocks: John, Vote on Militia Act, 202. 

Wispar: Caspar. Interested in the manu- 
facture of glass at Salem, 'J8. 

Woodruff: Joseph, 213. 

Wyckoff: Simon [SimeonJ, One of the 
rioters, 455, 465, 469. 


Young: Robert, One of the rioters,245,401.- Young: Stephen, One of the rioters, 34S