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Full text of "Documents relating to the colonial, Revolutionary and post-Revolutionary history of the State of New Jersey"

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STATE OF NEW JERSEY. 



FIRST SERIES. 
Vol. XV. 



This volume was prepared and edited by authority of the 
State of New Jersey, at the request of the New Jersey His- 
torical Society, and under the direction of the following Com- 
mittee of the Society : 

NATHANIEL, NILES, Ch'n, 
WILLIAM NELSON, 
GARRET D. W. VROOM, 
FREDERICK W. RICORD, 
WILLIAM S. STRYKER. 



DOCUMENTS 



RKI.ATINCi TO THK 



COLONIAL HISTORY 



STATE OF NEW JERSEY. 



EDITED BY 

FREDERICK W. RICORD and WM. NELSON. 



VOLUMK XV. 



JOURNAL OF THE GOVERNOR AND COUNCIL. 
VOL. III. 17381748. 




TRENTON, N, J. : 

THE JOHN L. MURPHY PUBLISHING Co., PRINTERS. 
181)1. 



F 

131 



v.l 5 



ERRATA AND ADDENDA. 



[NOTE. This volume, like Vol. XIV, and the latter part of Vol. XIII, is printed 
from a copy of the copy In the Public Record Office in London ; the printed sheets 
have been carefully compared with the copy in London, and the following devia- 
tions noted. The words in brackets in the printed volume have been supplied by 
the editors.] 

PAGE 12. After line 15 from top, insert " Mr. Schuyler prayed Leave to be absent till 
Monday next which was Granted." 

" 24. Line 6 from bottom, for " Zinger " read " Zenger." 

" 31. Line 5 from bottom, for " the Act " read " an Act." 

" 32. Line 5 from bottom, for " Rotiticus " read " Roxiticus." 

" 44. Line 14 from top, for " the Province " read "this Province." 

" 44. Line 14 from bottom, for " Hillstone" read " Millstone " (as in brackets^. 
50. Line 13 from bottom, for "was" read " were." 

" 66. Line 13 from bottom, for " most " read "meant." 
72. For " 1053 " read " 1083." 

" 83. Line 13 from bottom, insert " If " at beginning of line. 

' 91. Line 13 from bottom, for " be so " read " to be." 

" 97. Line 14 from top, for " Johnathon " read "Jonathan." 

" 106. Line 8 from top, insert " to be " at beginning of line. 

" 116. Line 2 from bottom, omit " names to take." 

' 117. Line 10 from top, for "Attle" read "Attlee." 

" 117. Line 17 from top, for " Barlow " read " Bartow." 

" 125. Line 6 from top, after " plantiff" insert " having." 

" 132. Line 9 from top, for " the " read " that." 

" 156. Line 2 from bottom, for " in " read " up." 

" 182. Line 17 from bottom, for " Reading" read " Rodman " (as in brackets). 

" 184. Line 17 from bottom, for " 15 " read " 75." 

" 188 Line 15 from bottom, for " the Act " read " the said Act." 

" 190. Line 11 from top, for " had " read " has." 

" 192. Line 7 from top, for " loaded" read " landed." 

' 200. Line 5 from bottom, for " required" read " requires." 

" 204. Line 9 from top, for "of doing " read " to do." 

" 206. After line 12 from top, insert "John Reading." 

" 209. Line 2 from top, for " Debts " read "Deeds." 

" 212. After line 14 from bottom, insert " The bill entitled an Act to prevent any 
Action under Fifteen Pounds being brought into the Supreme Court, 
was read a Second time and comitted to the Gentlemen of the Coun- 
cil or any three of them." 

" 218. Line 3 from bottom, for "7br 18th" read "ye 13th." 

" 225. Line 4 from bottom, for " by " read " but." 

" 227. Line 15 from top, for " Majesty " read " Excellency," and for " had " read 
" has." 

" 227. Line 5 from bottom, for "an Action " read " any Action." 

" 241. Line 11 from bottom, for " Brudnelb" read "Brudnell." 

" 244. Last line, for " 20th " read " 28th." 

" 246. Line 3 from top, before "October" insert "on the 16th day of." 
Omit line 4 from top. 

(v) 



vi ERRATA AND ADDENDA. 

'.!. Line 22 from bottom, for "at their Report" read '-as theu Reported." 

Line 14 from bottom, for " Division " read " Counties." 
" 263. Line 10 from top, after "Bills" insert "now in his hands for Bills." 
264. Line 3 from bottom, for " Four" read " Five." 
" 267. Line 2 from top, for "the" read "this." 
" 270. Line 6 from bottom, for " mean " read " men " 
" 271. Line 8 from top, after " from " insert " us." 
" 277. Line 12 from bottom, after " make " insert " use." 
< 287. Line C from top, after " time " insert " and." 
" 300. Line 6 from top, for " Trows " read " Scows " (as in brackets). 
' 313. Line 18 from bottom, for "Or [do?j direct" read "Ordered." 

:U4. Line 5 from bottom, for " Preference " read " Presence." 
" 317. Last line, for "Notes" read " Votes." 
" 318. Line 16 from bottom, at end of line insert " wrote." 
" 321. Line 18 from bottom, for " that " read " what." 
" 349. Line 7 from bottom, for " Saturday" read " Tuesday." 
" 359. Lines 16 and 15 from bottom, for " Blackt'riars " read " Blackbirds." 

30:?. Line 10 from top, for " 973 " read " 1973." 
" 361. Line 7 from top, for "messages " read " Arrearages." 

Line 14 from top, in right-hand column, for "43, 15, 5%" read "43, IS, 

5%. :l 

" 367. Line 6 from top, for "discourage " read " encourage." 
' 397. Line 9 from top, for "Letters" read " Settlers." 
" 398. Line 6 from top, for " to " (at end of line) read " by." 

Line 17 from bottom, for "or" read " an." 
" 400. Line 10 from bottom, omit "very." 
" 403. Line 9 from bottom, for " had " read " have." 
' 406. Line 13 from bottom, for " Courses " read "Causes." 
" 417. Line 7 from top, for " nor " read " neither." 
" 419. At end of first line, add "and it will appear by those Journals what 

return they made for that favour." 
" 420 Line 6 from top, ffr " did " read " that." 

' 426. Second line from bottom, after " this " insert " seems by this." 
" 430. Line 11 from top, should read " Order Vote &c made." 
" 431. Line 16 from top, for "untrue" read "intire." 
" 434. Line 7 from bottom, for "rather" read " neither." 
" 440. Line 5 from top, for "of" read " for." 
" 446 Line 9 from bottom, after "Amuse and " insert " the true State of the 

Case, is, that you are determined not to Support the Government." 
" 460. Last line, for " Bedford " read " Redford." 
" 462. Line 14 from top, for " New Jersey " read "New York." 
" 478. Line 6 from bottom, for " whom " read " when." 
" 482. Line 4 from top, for "added " read " ordered." 
1 487. Line 5 from top, for "Alexander" read " Hamilton." 

489. Line 12 from top, for " payment " read " Support." 
" 491. Insert, as line 4 from bottom, "John Coxe." 
" 492. Insert, as line 7 from top, "John Coxe." 
" 497. Line 19 from top, for "27th " read " 25th." 
" 499. Line 5 from bottom, for " Six " read " Sick." 
1 503. Line 3 from bottom, for " Matters " read " Measures." 
" 505. Line 11 from top, for "to" read "by." 

523. Line 3 from bottom, for " prevent " read " present." 

532. Line 18 from top, for " Cause " read " Canoe." 

554. Line 6 from bottom, should read "am with all dutiful Regard your Kx- 

cellency's most Obedient." 

' 503. Line 9 from top, for " Burgoons " read " Burgeon." 
" 561 Line 13 from top, for " Blains " read " Blain." 



ERRATA AND ADDENDA. Vll 

PAGE 586. Line 7 from top for " disappears " read "appears." 
" 591. Line 9 from top, for " 20th " read "28th." 

Line 3 from bottom, for "A, S." in margin read "A. 8." 
" 592. Line 6 from bottom, insert " 28, 5." in margin, and move "A No 29" up 

to line 7 from bottom. 

" 606. For " Londerbouch " read " Louderbouch." 
" 609. Line 19 from top, for " Reported " read " Repeated." 
" 615. Line 10 from bottom, for " Repeated " read " Repealed." 
" 025. Line 21 from top, in first column, for "39" read " 38." 



PROCEEDINGS OF THE COUNCIL/ 
AT A SESSIONS OF THE GENERAL ASSEMBLY, 

Begun at Perth Amboy on the 26 th of October last and 
being Adjourned to this day. 

November 13 th 1738 

Present 

John Hamilton ^ 
R. Hunter Morris V Esq" 
Fenwick Lyell J 

A Message was Sent to his Excellency the Governour by 
Robert Hunter Morris Esq r that a Quorum of the Council 
were met at the Council Chamber Agreeable to his Excel- 
lency's Summons and had Adjourned Themselves till to 
Morrow When they should meet and be ready to receive His 
Excellency's directions. 

Tuesday November 14 th 

Present 

John Hamilton ^ 
John Rodman 
Richard Smith j> Esq rs 
R. Hunter Morris j 
Fenwick Lyell J 

'As stated by the Governor on page 4, the Council now met for the first time as a 
distinct body, separate and apart from the Assembly, as well as from the Governor. 
Lewis Morris enjoyed the distinction of being the first Governor appointed by the 
Crown exclusively for New Jersey, receiving his commission August 26th, 1738. 



2 NEW JERSEY COLONIAL DOCUMENTS. [1738 

And adjourned to 

Wednesday November 15 th 

Present 

John Hamilton -j John Rodman ^j 

John Reading V Esq Richard Smith - ^ 

Cornelius Vanhorn J R. Hunter Morris j * 

Fenwick Lyell 

His Excellency Lewis Morris Esq r came to the Council 
Chamber and having sent for the House of Representatives 
and they attending He was Pleased to make the Following 
Speech 

Gentlemen of the Council and Assembly 

It is with great pleasure I meet this first General Assem- 
bly of the Province of New Jersey by his Majesty now made 
Independent on the Governour of New York. This has 
been a favour so great in its kind and so long and Earnestly 
desired by the Inhabitants that I Perswade myself it will 
meet with all the gratefull returns in the Power of a People 
who are so particularly obliged by it and who are to Reap 
all the Benefits that such an Indulgence must naturaly pro- 
duce. 

His Majesty isteems it his greatest Glory to make all His 
Subjects as happy as their Circumstances will Admit Him to 
do and His Royal Goodness in granting your request shews 
that the remotest of His Subjects as well as those under His 
more immediate Administration are equally the objects of 
his Royal Care and I doubt not will produce in you Senti- 
ments Suitable to the Opportunity, you now have (almost 
beyond your Expectation) given you to Express in the most 
Propper and Agreeable Manner. 

Gentlemen of the Assembly 

The duty of my Station obliges me to Acquaint you that 
the Support of the Government has been for some time Ex- 
pired and it is necessary that Proper Provision be made for 
it. I have been often a Witness of the Willingness and 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 3 

readyness of the Assemblies of this Province to Support his 
Majesty's Government over them when Administred by the 
Governour of New York, and when they Conceived the 
Exercise of it by Such a Person not wholly Consistant with 
the Intrest of the Inhabitants. 

This gave rise to the Petitions Presented to His Majesty 
for the alteration now made in their Favour. In which 
they affirmed that they were Equally Willing and able to 
Support a Distinct Governour with Divers of the Neigh- 
bouring Colonies who enjoyed that Priviledge under His 
Majesty. 

This has been on[e] Inducement to gain the request, made 
unto him and as a farther Instance of his Royal Goodness 
Appointed a Person well known to you, and whose Conduct 
in a Station amongst you not verry different from the Present 
you have More than once had Experience of. 

His Majesty having been Pleased to Grant the Prayer of 
the Petitions I believe you will think it a duty Incumbent 
on you to make good on your part The assurances Given in 
order to obtain the favour Desired, and I will make no Doubt 
but that your Deeds will Correspond with your words in 
raising such an ample Support for this Government in such 
a Manner and for so long a duration as will be adequate to 
the Occasion you now have of doing of it. This being the 
most Likely method to Induce his Majesty to Continue the 
Favours already Granted and to make further Additions to 
them. 

M r Speaker. . 

When I recommend the raising of a Support for the 
Government I would not be understood to mean only a 
Salary for the Governour which is but a part of the Support, 
but also the Salaries of Other Officers and a Suitable Pro- 
vision for Necessary and Contingent Charges without which 
the Government cannot well be Administred. 

When the Provision for the Officers of the Government 
fall under your Consideration I would recommend to you to 
Distinguish between the Officers and the Office, and not to 



4 NEW JERSEY COLONIAL DOCUMENTS. [173& 

suffer the ill Conduct of an Officer to be any Inducement to 
you to Destroy the office or lessen the Provision Necessary 
for the Support of a Necessary Officer, and thereby lay him 
under the Temptation of takeing unbecomeing Meathods to 
Support himself 

The fitness or unfitness, good or ill Behaviour of an 
Officer when Known to me will be a Sufficient Motive to me 
to Continue or Displace him, And if the Conduct of any of 
them have been Such as Deserves Your Censure, I shall 
verry much regard your Complaints, which I Persuade my 
Self you Will take Care shall be always founded upon the 
Truth, made only with a View to the Publick Good and 
Intirely free from Partiality or any Influance to Private 
Resentment 

Gentlemen of the Council 

You are now met for the first Time as a Seperate and dis- 
tinct part from the Governour and General Assembly of the 
Legislature of this Province. Your own Knowledge and 
Experience makes it needless for me to Say much Particularly 
to you on that hea<f. I Assure my Self you have so great a 
Regard to the Preservation of His Majesty's Royal Prerogi- 
tiv e and the Just Liberties of the Inhabitants of this Province 
(both absolutely necessary to be kept Intire) that you will 
Consent to no Bills that Seem to you to have the least Ten- 
dency to distroy or Impair either. 

You are also Appointed to be Councelours to the Gover- 
nour, verry much Joined, in the Administration, your advice 
in all Cases Convenient and in Some Necessary, which I shall 
on all Occasions Gladly receive 

I Cannot [too ?] Gratefully acknowledge the Honour His 
Majesty has done me in appointing me to Govern This 
Province, and I am not Insensible how Unequal I shall be 
to the Task without your friendly and Sincere Assistance 
upon which I verry much depend, and therefore hope that in 
Council you will freely Speak your Sentiments, and that none 
of you will recommend any Person to me to be Continued or 
made an Officer in the Government of whose Probity, good 



JOURNAL OF THE PROVINCIAL COUNCIL. 5 

Moral, Fitness Sufficiency and firm Attachment to the Present 
Illustrious Reigning family you are not verry well assured 

I Know you Can so verry well distinguish between 
Authoritative and Prudential Advice as to give either of 
them properly and both of them in so agreeable a manner as 
to be attended with the most Suitable Effect. 

^Gentlemen of the Council and Assembly 

I find a Saying very much obtain, that if the Governour 
will Give the people good Laws, They will Support the 
Government; This Supposes The Governours makeing of 
those Laws (Viz' Such as People think so) to be a Condition 
|>receedeut to their giveing a Support and Expressed in other 
Terms means no more, than if the Governour will do his 
Duty the Assembly will do theirs, and imply 's a Negative, 
That if the Governour does not do what they Conceive his 
-duty the Assembly will not do theirs, Supposing a Neglect 
or failiour on his part a Sufficient Justification, for the like 
Conduct on theirs 

Was a Governour the sole Legislator, or Law giver, and 
Laws like other Commodities to be purchased in Open 
Market, what is Said would appear More reasonable than the 
Present Circumstances of Things Will x admit to do but then 
the Consequence would be that every Law must be paid for, 
and the more it was Wanted or Desired the Higher would 
be the Price. 

How much a Governour may be pleased with Such a 
Situation of things, I Can hardly think the Governed will 
{if they Rightly Consider it) Think Such Circumstances 
elegible. 

Good Laws Generally take their rise from ill Practices and 
are made to Prevent the Like for the future. Some times 
from well grounded views of Publick benifit to arise by 
them, and it is the true Interest of the of the Chief Magis- 
trate, not only to assent to Such but to Propose them himself, 
when he sees the Necessity or Convenience of them such 
Laws (when well Executed) are the real and true Support of 
all Government, which must Soon sink into Contempt with- 



6 NEW JERSEY COLONIAL DOCUMENTS. [1738 

out them To suppose that a Governour will deny his Assent 
to laws of this Kind when truly and properly penned, Solely 
to answer such ends, and not Clogg'd with Claus's of a differ- 
ent Intention is Supposing that he will Act against His own 
Intrest, as well as that of the Community, which Governours 
(fit for such a Trust) have Seldom been observed to do. 

The passing of good and Necessary Laws and the raising 
mony for the Publick Service, Sufficient to Support the Gov- 
ernment in all its [branches?] I take to be equally duties, each 
Independent of the other and the last as much for the true In- 
trest of the Community as the first ; for unless the Dignity of 
the Magestracy be Supported Suitably to their Several Stations 
they can hardly escape falling into Contempt, and being so 
will be rendered unable to put any Laws duly in Execution 
or to be Laid under Strong Temptations of having recourse 
to violent Measures, or the use of unbecomeing arts to Support 
themselves ; in all which Cases Magestracy and Laws Intended 
to Promote the good of the whole are Rendered inadequate to 
or destructive of the ends for which they were made. 

More than this is needless for me to say on this head to 
men who so well understand the Nature of things, and I 
believe come to this Meeting with Strong Inclinations and 
Sincere Intentions to do every thing in their Power Con- 
ducive to the Publick good as that ought to be the only 
thing in View, if in your Debates Concerning the meathods 
most Proper to Promote, you Preserve a Calmness and Tem- 
per Suitable to the Occasion, you will then have the full use 
of that reason God has Blessed you with and your Indeavours 
then most likely to be attended with Success. 

The making Laws for the discouragement of Vice Im- 
morality and Profaneness have been Common Topicks of 
recommendation, and even when Confined to the Narow 
Limits of Prophane Swearing, Cursing Drunkenness Lewd- 
ness, Indecent and unfit behaviour in Places and Times 
appropriated for the divine Worship has not been Without 
it's use and would have been more beneficial to the Publick 
if the Pecuniary Mulcts laid on them had been applyed to 






1738] JOURNAL OF THE PROVINCIAL COUNCIL. 7 

the purposes directed by the Law in Such Cases, which if I 
am Rightly Informed, has not been done, and if so Care 
should be taken to Prevent any Misapplication for the 
future, But Vice and Immorality are words which may 
admit of a much Larger Signification, extending to men in 
all the relations they stand in to each other or the' Publick. 
Any Thing Knowingly done to the Hurt or Prejudice of 
another being Contrary to the rules of Morality, and to pre- 
vent ill actions, and to make men better and Wiser, at least 
to hinder them from Growing Worse is or Should be the In- 
tention of all humane Laws. 

It is the Business of Courts of Judicature to Enquire Into 
Offences of every kind, and Give relief to those who apply 
to them, and proper Punishment to the Offenders : but it is 
y e business of the Legislature by Suitable Laws to enable 
and oblige them to do this Effectually 

It is a hard matter to mend a bad world, but the hinder- 
ing Men from Growing Worse than they are is no Small 
Step towards it And Laws Suitable made to Punnish frauds 
and abuses of every Kind, so much, and I fear so Justly 
Complained of, is the Human means In the Power of the 
Legislature to prevent their being Committed for the future. 

All the Moral Virtues Seem to [be] Comprised under the 
Terms of Justice and Honesty, and it is God only Can make 
men so : But it is the Business of the Legislature to make it 
Dangerous for men to be otherwise Great Care Should be 
taken that all the Commodities Exported from this Province 
to other Markits should be good in their kind, and that no 
fraud should be used in the Manufactureing or in the Con- 
tents of the Casks or other vessells in which they are brought 
to a Market this may be Expensive to us, I am Perswaded 
that the Benefit of the reputation we may acquire by it will 
more than Counterwait that Charge ; and I am of opinion 
that the more direct you made your Importations the Better 
for the whole, which only should have weight with You. 

The Methods of Obtaining Publick Justice ought to be 
made plain and easy, and not Loaded with an Expence mor 



8 NEW JERSEY COLONIAL DOCUMENTS. [1738 

difficult to bear than the wrongs Indeavoured to be redressed 
by it that so the poor may have No reason to dispair of meet- 
ing with all the relief they are Intiteled to as well as the 
Rich, all Trick Chicane of Impudent and knavish Pretenders 
to Law ought to be discouraged ; on the other side Officers 
concerned 'in the Administration of Justice should be well 
and Suitably provided for, according to your ability, that 
they need not be under any Temptation of useing Methods 
unbecomeing their Character to Provide for themselves : The 
Ministerial Officers should be kept Strictly to their duties, 
and the bounds of it made so certain and plain that they 
Could not Ignorantly Transgress. Such of the Statutes of 
England not Declarative of the Common law wherein the 
Plantations are not Named and which may admit of a Debate 
wether they Extend or not if the reasons of them Extends and 
is fit for you, it would not be amiss to Enact the like here. 

You never had so favourable an Opportunity as the Pres- 
ent to raise the drooping head of this Province, and make it 
as happy as a Concurance of good Circumstances will admit, 
your Prudence may direct you to make the best of it and not 
Suffer it to be Irretrelveably lost 

I shall very readily assent to all bills fit for me and in my 
Power to assent unto that you shall agree to Present for that 
purpose, and Others you will not I hope propose But as I 
would not blindly assent to any bill without knowing both 
wether I may, and wether it is fit for me* to do if I might, 
Coppies Should be given of all Bills passed by either House 
that they may be considered of. 

The Alternate Sitting of Assemblies at Amboy and Bur- 
lington and keeping the Secretary's office in two Places so 
remote from each other is a Peculiarity in this , Province 
(different I think from any other on the Continent under his 
Majesty's Government, and some think tends much to keep 
up both the Name of Division and the thing, as you are now 
become Intirely a Seperate Government and in all Proba- 
bility likely to Continue so, if it be not your own faults, 
there will be a Necessity of makeing Suitable Provision for 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 9 

a Governour, and Conyeniencies prepared for his dwelling 
and Houses for the meetings of the Assembly Council and 
Courts not far distant from the place that shall be appointed 
for his abode, in the doing of which The Public good and 
Conveniency, and not the private advantage or Benefit of any 
Person or men should solely Influence your debates 

What Endeavours have been used and proposals made in 
this Province [to] Obtain a Distinct Governour from that of 
New York, you or Some of you I beleive well know. 

The thing is done and at No Small Expence, which I per- 
swade myself it will be duly Considered of by You 

LEWIS MORRIS 

Then the House adjourned to 

Thursday November 16 th 1738 A. M. 

Present 

John Hamilton P r ^ Richard Smith ^| 

John Reading ! rs R. Lettice Hooper ' 

Corn 8 Vanhorn f R. Hunter Morris f 

Jno Rodman J Fen wick Lyell J 

His Excellency's Speech delivered yesterday was Read the 
first Time and Ordered to be read a Second time. 

Ordered that the Clerk do write letters to the absent mem- 
bers requireing their attendance. 

Then the House adjourned to the afternoon 

When his Excellency's Speech pursuant to the order of 
the Forenoon was read a Second time and ordered to be read 
a third time. 

Then the House Adjourned to 

Friday November 17 th 

Present 

John Hamilton P r> | John Rodman ^ 

John Reading > Esq rs Richard Smith ! 
Corn. Vanhorn J . R. Hunter Morris j 

Fenwick Lyell J 



10 NEW JERSEY COLONIAL DOCUMENTS. [1738 

His Excellency's Speech pursuant to the order of yesterday 
was read a third time, and being taken into Consideration it 
was 

Resolved Nem : Con : That an humble address be drawn 
up to his Excellency for his favourable speech, and that M r 
Rodman M r Hooper and M r Lyell, be a Committee to pre- 
pare the Same and lay it before the House. 

The Clerk reported, That in Obedience to the order of 
yesterday he had wrote to the Following Gentlemen Members 
of this House viz 1 James Alexander, William Provost, and 
J no Schuyler Esq r M r Morris Moved The House for Leave 
to bring a Bill to Oblige the Several Sherriffs &* to give in 
Sufficient Security for the due Execution of their offices. 

Ordered that M r Morris have Leave to bring a bill Ac- 
cordingly Ordered that M r Reading & M r Vanhorn have 
Leave in persuance of their request to be absent till Tuesday 
next. 

Then the House Adjourned to 

Saturday November 18 th 

Present 

John Hamilton P r ") 
John Rodman 
R: Smith }> Esq 

R. Hunter Morris j 
Fenwick Lyell J 

This House apprehending they may have Occasion for a 
Serjant at Arms 

Ordered that M r Morris do apply to his Excellency, & 
Desire of Him that He will be pleased to appoint one of the 
Kings Serjants at Arms to attend the House. 

Then the House adjourned to 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 11 

Munday November 20 th 

Present 

John Hamilton P r ^| 
John Rodman 
Richard Smith j> Esq rs 
R. Hunter Morris j 
Fenwick Lyell J 

Robert Hunter Morris Esq r reported that in Obedience to 
the order of Saturday he had applyed to his Excellency who 
was Pleased to Answer that he would appoint one of his 
Majesty s Serjants at Arms to attend this House. 

Resolved Nem : Con : That this House address his Majesty 
for his royal favour in having Granted the Powers of Gov- 
ernment Seperate from that of New York to his Excellency 
Lewis Morris Esq r 

Then the House adjourned to 

Tuesday November 21 st 

Present 

John Hamilton P r ^ Richard Smith ^ 

John Schuyler > Esq R. Hunter Morris V Esq ri 
John Rodman J Fenwick Lyell J 

M r Cook and M r Benjamin Smith brought a Message from 
the House of Assembly Signifying that they had resolved 
humbly To Address and Thank His Majesty for his many 
favours, and Particularly for appointing this Province a dis- 
tinct Governour ; and that they had appointed a Committee 
to draw up the s d Address, and Ordered That this House 
should be applyed to Joyn therein. 

Ordered that M r Smith M r Morris and M r Lyell be a 
Committee to Join a Committee of the House of Assembly 
for the purpose above mentioned, and M r Rodman do Ac- 
quaint the House of Assembly therewith. 

John Rodman reported he had Obeyed the above Order 

Then the House Adjourned to 



12 . NEW JERSEY COLONIAL DOCUMENTS. [1738 

Wednesday November 22 d 

Present 

John Schuyler | . w John Hamilton 
John Rodman ( Esq " Richard Smith 

Fenwick Lyell 

This House taking into Consideration that Several Com- 
mittees are by them Appointed to Several purposes do for 
the dispatch of the Same Adjourn to 

Thursday November 23 d 1738 

Present 

John Hamilton P r ^ Richard Smith ^ 

John Schuyler > Esq rs R. Hunter Morris > Esq ra 
John Rodman J Fenwick Lyell J 

M r Hamilton prayed Leave to be absent till Tuesday next 
which was Granted. 

Then the House Adjourned to 

Friday November 24 th 
Adjourned to 

Munday November 27 th 

Adjourned to Tuesday November 28 th 

Present 

John Rodman P r ^ 
Richard Smith 
R. Lettice Hooper f Es( T 
Fenwick Lyell J 

Message from the House of Assembly by M r Vanbuskirk 
and M r Hancock desiring that this House will appoint a 
Committee to Joyn a Committee of that House to Examine 
the Treasures accompts 



1738] JOURNAL OF THE PROV/NCIAL COUNCIL. 13 

Ordered that M r Reading, M r Rodman, and M r Morris be 
a Committee accordingly, and that M r Lyell do acquaint the 
House of Assembly therewith 

Then the House adjourned to 



Wednesday November 29 th 

Present 

John Reading ^ Richard Smith 

William Provoost > Esq rs R : Lettice Hooper 
John Rodman ) R : Hunter Morris 

Fenwick Lyell 

M r Lyell reported that in obedience to the order of yester- 
day, he had Acquainted the House of Assembly that This 
House had appointed a Committee of that House to Exam- 
ine the Treasure's accompts. 

Ordered that the said Committee have power to.send for 
Persons Papers and Records. 

Then the House adjourned to 

Thursday November 30 th 
Adjourned to 

Friday December 1 st 
Adjourned to 

Saterday December 2 d 
Adjourned to 

Munday December 4 th 
Adjourned to 

Tuesday December 5 th 

Present 

William Provoost P r "^ 
John Rodman 

Richard Smith \ Esq rs 

R : Lettice Hooper 
Fenwick Lyell J 



14 NEW JERSEY 'COLONIAL DOCUMENTS. [1738 

M r Lyell moved for leave to bring in a Bill for the Reduc- 
tion of Intrest. 

Ordered that M r Lyell have leave to bring in a Bill 
accordingly. 

Then the House adjourned to 



Wednesday December 6 th 

Present 

William Provoost P ) R : Lettice Hooper ^ 

John Rodman > Esq rs R : Hunter Morris > Esq 

Richard Smith J Fen wick Lyell 

M r Morris moved the House that the Paragraph in His 
Excellency's speech relating to the fixing the Seat of Gov- 
ernment & ca be taken into Consideration, which being put to 
the vote passed in the affirmative 

The House being under Difficulties by the non Attendance 
of sever 1 of their Members. 

Ordered That M r Morris and M r Lyell do waite on His 
Excellency and desire'he will please to communicate to this 
House such part of His Instructions as relates to the Attend- 
ance of the Members thereof. 

Then the House adjourned to 

Thursday December 7 th 

Present 

William Provoost P r ^ 
John Rodman 

Rich d Smith j> Esq 

Ro : Lettice Hooper 
Fenwick Lyell 

M r Lyell reported That in obedience to the order of yes- 
terday M r Morris and He had waited on His Excellency who 
was pleased to tell them He would Communicate to this 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 15 

House such Instructions as related to the attendance of their 
Members. 

Then the House adjourned to 



Friday December 8 th 

Present 

William Provoost P r ^ 
John Rodman 

Richard Smith j> Esq rs 

Ro : Hunter Morris 
Fenwick Lyell J 

M r Morris prayed leave of the House to be absent till 
Tuesday next which was granted 
Then the House adjourned to 

Saterday December 9 th 
Adjourned to 

Munday December 11 th 
Adjourned to 

Tuesday December 12 th 
Adjourned to 

Wednesday December 13 th 
Adjourned to 

Thursday December 14 th 

M r Provoost prayed leave of the House to be absent for a 
week which was granted. 

Then the House Adjourned to 

Friday December 15 th 

Present 

John Hamilton ^ John Rodman ^ , 

John Reading VEsq rs Rich d Smith iEsq rs 

Corn 8 Vanhorne J R : Lettice Hooper J 



16 NEW JERSEY COLONIAL DOCUMENTS. [1738 

Resolved That M r Vanhorne be added to the Committee 
appoint* 1 to examine the Treasures accompts 

M r Deruont and M r Vanest from the House of Assembly 
presented for the Concurrence of this House a Bill entitled 
an Act for the Building a Town House and Goal in the 
County of Somerset, which was read the first time, and 
ordered a Second reading 

Then the House adjourned to 



Saterday December 16 th 

Present 

John Hamilton P r ~\ John Rodman 

John Reading I Esq Rich d Smith 
Corn : Vanhorne J R : Lettice Hooper { 

Ro : Hunter Morris } 

The Bill entitled an Act for the Building a Town House 
and Goal in the County of Somerset was read a Second time, 
and committed to M r Vanhorne M r Rodman and M r Hooper. 

M r Ogden and M r Stacy from the House of Assembly 
presented for the Concurrence of this House a Bill entitled 
an Act for the Tryal and Punishm* of Petty Lacerny under 
the value of Five shillings, which was read the first time 
and ordered a Second Reading. 

His Excellency came to the Council Chamber and received 
the address of the House of Assembly then attending for 
that purpose. 

Then the House adjourned to 



Munday December 18 th 

Present 

John Hamilton P r "| Richard Smith ^ 

John Reading > Esq TS R : Hunter Morris > Esq 
John Rodman Fenwick Lyell 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 17 

M r Lyell from the Committee Appointed to draw up an 
address to his Excellency reported That they had accordingly 
made a Draught thereof which he laid before the House, and 
the same was read, and ordered to be read again to morrow 

The Bill entitled an Act for the Tryal and Punishment of 
Persons guilty of Petty Larcenies under the value of Five 
Shillings was read a Second time and ordered to lie upon the 
Table for the Consideration of the Members 

Ordered That M r Attorney General attend this House to 
morrow and that the Clerk do waite on him with the said 
order 

Then the House adjourned to 

Tuesday December 19 th Present 

John Hamilton ^ Richard Smith ^ 

John Reading I Esq rs R : Hunter Morris V Esq 
John Rodman ) Fenwick Lyell J 

M r Attorney General attending according to order, He 
was called in, and the Bill entitled An Act for the Tryal and 
Punishment of persons guilty of Petty Larcenies under the 
value of Five Shillings was delivered Him, which he was 
desired to take into Consideration and to report to this House, 
how far it was in his opinion agreeable to the Laws of 
England. 

The draught of an address to His Excellency was read a 
Second time and approved of by the House and ordered to 
be engrossed. 

Then the House adjourned to 

Wednesday December 20 th 

Present 

John Hamilton P r ^ John Rodman ^j 

John Reading > Esq" Richard Smith 
Corn 8 Vanhorne J R : Hunter Morris j Esc l rs 

Fenwick Lyell 
2 



18 NEW JERSEY COLONIAL DOCUMENTS. [1738 

The Clerk according to order laid before the House the 
address to His Excellency engrossed which was read and 
signed by order of the House John Hamilton Esq r 

Ordered That M r Morris and M r Lyell do waite on His 
Excell y and acquaint him that this House has agreed on an 
address to him, and desire to know when and where he will 
be pleased to receive the same. 

M r Morris reported that he had waited on his Excellency, 
who was pleased to say, he would receive the address at his 
house immediately. 

The House accordingly waited on His Excellency and pre- 
sented their address in these words 

To His Excellency Lewis Morris Esq r Captain General, 
and Govern 1 in Chief, in and over His Majesty's Province of 
Nova Csesarea or New Jersey, and Territories thereon de- 
pending in America ; and ; Vice Admiral in the same <fc ca 

The Humble address of His Majesty's Council of the 
Province afores d 

Sir- 
It is with the greatest Pleasure That we meet your Excel- 
lency (at this General Assembly) by His Majesty appointed 
Captain General, and Governour in Chief of this His seper- 
ate Province of New Jersey; and we heartily congratulate 
you thereon 

The Inconveniences and difficulties which this Province 
laboured under, from it's dependancy on the Governour of 
New York, were numerous well known to you, and gave 
Rise to the several Petitions of it's Inhabitants in their differ- 
ent Stations, to his Majesty to grant them the Favour they 
have now received ; a Favour truly great, but agreeable to 
his Majesty's known Goodness, and that Indulgence which 
he as a Common Father never fails to shew even to the re- 
motest of His Subjects, and which at every oppertunity 
justly claims from us all the gratefull acknowledgements due 
from a most Loyal and dutyfull People 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 19 

Permit us to say that His Majesty's Goodness has even 
exceeded our requests in appointing your Excellency to this 
Station, who are well known to us whose Intrest is insepar- 
able from our own, and who from your Constant and just 
discharge of the several Trusts, and Confidences reposed in 
you by His Majesty in your several former Stations, are most 
acceptable and agreeable to us, and from whose exact knowl- 
edge of the Constitution of an English Government and the 
Circumstances of this Province in particular, We may not 
only expect a just Regulation in the Administration, but may 
hope to see Trade and Commerce flourish amongst us. 

We are now met a Separate, and distinct part of the Legis- 
lature of this Province; such as we humbly conceive, His 
Majesty always intended we should be, Your Excellency is 
doubtless persuaded of the right of We have to that State of 
Liberty, and of the ill consequences which have ever attended 
and again may attend a Governour's presiding, and voting 
amongst us in a Legislative Capacity, a Practice heretofore 
used. We doubt not that the Present Example will obtain 
for the future, and that our Behaviour will evince we have a 
Just Regard to the Preservation of His Majesty's Royal 
Prerogative and to the Liberties of the Inhabitants of this 
Province, both absolutely necessary to be kept intire. 

We assure your Excellency, that in all Cases wherein it 
shall be required, we will with Honesty, Sincerity and Free- 
dom give you our advice, and heartily endeavour as much as 
in us lies, that your Administration may be easy to you, and 
conducive to the Prosperity of the Province ; and as that 
may in some measure depend on the Fitness of the Persons 
to their several offices, and their Firm attachment to the 
present illustrious Reigning Family, we shall not recommend 
any Person either to be made or continued an officer whom 
we shall not be well assured to be so qualified. Then we 
promise our selves, that our Advice will be both agreeable, 
and attended with a Suitable Effect 

We are, and we think every Body must be perswaded of 
the necessity and order of Government, That its ends and 



20 NEW JERSEY COLONIAL DOCUMENTS. [1738 

designs are for the gen 1 good of the Community, and that the 
Governm* cannot be supported but at a Charge and Expence, 
which they must be at who are members of the Community, 
and receive the benefits thereof, your Excellency's Station is 
a principal part in the Constitution, and without which good 
and Necessary Laws neither can be enacted nor administred 
Your Inclinations, and the duty of your office will naturally 
lead you to assent to such Laws as shall be proposed, and 
which you shall Conceive to be for the advantage of those 
under your Government, not Derogatory of His Majesty's 
Royal Prerogative. We assure your Excellency, That we 
are wholly disposed to consult His majesty's service and the 
Intrest of the Province, and shall not on our part knowingly 
offer you any Act for your assent, but such as we shall con- 
ceive to be fit for it, and according to our Duty, and our 
former Engagements to his Majesty (which we esteem as 
Sacred) We will Honourably support this His Government 
in all its parts, as far as we can, so only, the good of the 
whole may be obtained, and they who are appointed to ad- 
minister that GoodJ^e placed above Contempt or the Temp- 
tation of having Recourse to unbecoming Arts to support 
themselves, a mutual Confidence be established, and We 
humbly apprehend, that all buying and selling of Laws in 
any other sense ought wholly to be discarded (especially by 
every part of the Legislature) 

We agree with your Excellency (and are to sure we shall 
find it so) that it is a hard matter to mend a bad world, and 
that it is the business of the Legislature, as much as they 
can, to prevent its growing worse ; That vice and Immorality 
in every of their Branches are scandelous and prejudicial to 
a Community, and as such ought to be punished, but appre- 
hend that the frequent Commission thereof so much, and so 
deservedly complained of, arise more from the Failures and 
Neglects of the proper officers, whose business and Duty it is 
to punish the offenders, than from any Defect of Law to 
enable them so to do. Your Excellency from your constant 
Residence amongst us, will not only be a narrow observer of 



1738] JOURNAL OF THE PROVINCIAL COUNCIL. 21 

their particular Failures, but we (and others) will have it 
more in our power to inform you of such Instances therein, 
as have already or hereafter may happen. You will then 
have it very much in your power to remedy those Evils, and 
we rest satisfied, that your Justice, and your Judgement will 
always direct you to make a Right use of it 

There may possibly happen in every Constitution some 
Cases wherein it may be more tollerable to bear an Injury 
than to seek a Remedy : it will be the Wisdom and Judge- 
ment of every People [to] amend such deflects, & to make 
the methods of obtaining Justice plain and easy. -The just 
and regular Economy in the Constitution of our Mother 
Country, contrived & happily established in the prudence of 
so many great and good men, and during so many Ages past 
(and indeed contrary to which we ought not to attempt any- 
thing) will be the great Example for us to follow. That has 
found and provided proper Scourges for all Trick and Chi- 
cane, & and several times debarred the impudent and knavish 
Pretender to law from his Practice, and often restrained the 
number of the Proffession when overgrown, and we Cannot 
but observe that Licences have been granted to Persons to 
Practice as Attorneys who have proved altogether unqualified 
illiterate, and who had no other Pretentious to that Business 
than from debts being due to them, or their Relations, which 
by being carefully divided, and Artfully subdivided have 
furnished them with business for years to the great Injury of 
many Poor and Ignorant Persons and no less to the discour- 
agement of Education and of the good and honest Lawyer 
whom we all allow to be a Usefull Member in a Society. 
We shall in the best manner we can propose proper Remedies 
against the growing Evil and therein, make a Proper distinc- 
tion between the officer and office We shall also Endeavour 
that all other Ministerial officers be kept strictly to their 
Several duties, and to make the bounds of it so plain, and 
Certain that the pretences of Ignorance may no Longer serve 
as a Colourable Excuse for their Transgressions ; and extend 
such of the Statutes of England (as shall occurr to us) whose 



22 NEW JERSEY COLONIAL DOCUMENTS. [1738 

Extension may be disputable and the Reasons of which may- 
suit our Circumstances. 

Every one (the least acquainted with Trade) will readily 
agree That the advantages, arising to a Country thereby, 
depend on its Publick credit, which may be much established 
in the Goodness, Well Manufacturing, and preventing of 
Frauds in its Commodities exported, and must easily discern 
how Essential a direct Importation of all foreign Commodi- 
ties is to the General benefit of its Inhabitants ; We need not 
therefore enlarge on the Subject, but resolve to set ourselves 
to the work, with Heart and hand to direct the one, and pro- 
cure the other, Now when we have the Concurrence of so 
many favourable Circumstances, and can justly promise our- 
selves so much help and Assistance from your Excellency. 

The alternate sitting of Assemblies at Perth Amboy & 
Burlington and keeping the Secretary's office in two places 
so remote from each other are Peculiarities in this Province, 
and we believe tend much to keep up both the name of 
Division and the Thing, since we are now become intirely a 
separate Government, and thereby the Intrest of the People 
very much the same,* if in the Course of our Consultations, 
we shall fall upon any method which may blot out the name 
of Division from amongst us, we will heartily join in the 
doing thereof. 

The want of a suitable House for the Governour and Con- 
veniencies for his Dwelling, and for the meeting of Councils 
and Assembly is a Sufficient Argument of the necessity of 
providing such equally a peculiarity and doubtless occasioned 
by the Short Stays which former Governours have made 
amongst us. The Case is now altered, and a Suitable pro- 
vision ought to be made, and in our Debates concerning the 
Place to be pitched upon for that purpose The publick good 
and Convenience, and security of the Government ; and not 
the private advantage of any men or Place shall Influence us 

In Short Sir we may now hope to find ourselves happy in 
the Security of all our Civil and religious Rights, and in the 
Enjoyment of every other Blessing which may flow [from] 



1738] JOURNAL OP THE PROVINCIAL 'COUNCIL. 23 

good order and just Government, to that End we used all 
Endeavours, and thought it would be no small Step thereto, 
to obtain a distinct Governour The Thing is done and from 
the Nature of Things it is self evident, at no small expence ; 
your Sollictations, and Intrest have both been employed, and 
necessary in the Representation of our Wants, which Justice 
and Gratitude require should be retributed 1 
By order of the House 

JOHN HAMILTON, Sp r 

Some of the Members of this House, being of the People 
called Quakers, concurr in the matter and substance of this 
address but make some Exception to the Stile 

To which His Excellency was pleased to make the follow- 
ing Answer 

Gentlemen 

I heartily thank you for this kind Address. I persuade 
myself your future Conduct, will be always agreeable to this 
good Begining and I hope you will at all times, preserve and 
bravely maintain a Character suitable to the Trust reposed in 
you by His Majesty who has placed you in the High and 
Honourable Stations you are now in, that by your grave and 
wholesome advice you may assist the Governour in the Ad- 
ministration and interpose as becomes you, should he make 
any unwarrantable attempts on the Just Liberties of the 
Inhabitants, and on the other side boldly to oppose any 
Endeavours of the other part of the Legislature should they 
appear to you to tend in the least to lessen His Just Au- 
thority, His Majesty's Royal Prerogative or their Necessary 
Dependance. 

Then the House returned to the Council Chamber & 
adjourned to 

J The Assembly, however, voted, yeas, 10 : nays, 13, against reimbursing the Gov- 
ernor for his expenses in this matter, which he estimated at 1,000. Minutes, passim. 



24 NEW JESSE Y COLONIAL DOCUMENTS. [1738 

Thursday December 21 1738 

Present 

John Hamilton P r "| John Rodman ^ 

John Reading V Esq Rich d Smith V Esq" 
Corn 8 Vanhorne J Fenwick Lyell J 

M r Lyell moved the House for leave to bring in a Bill for 
selling the Militia of this Province 

Ordered That M r Lyell have leave to bring in a Bill 
accordingly 

M r Lyell also moved the House for leave to bring in a 
Bill, To lay a Duty on all Shingles, Staves, and Heading of 
all sorts ; and Bolts whereof Shingles Staves, and Heading 
may or can be made, and on all Ship Timber and Ship Plank 
exported out of this Province 

Ordered That M r Lyell have leave to bring in a Bill 
accordingly 

Then The House adjourned to 

Friday December 22 d 

Present 
John Reading P r ) John Rodman ^ 

/ fi Gn^ 

Corn 1 Vanhorne J Richard Smith V 

Fenwick Lyell J 

Ordered That John Peter Zinger 1 do print the Address of 
this house to His Excellency. 

M r Rodman and M r Smith prayed leave of the House to 
be absent for some time on- urgent business which was 
granted 

Then the House adjourned to 

'Zenger, the New York printer, whose trial in 1735 for libel made him famous, and 
di'd so much to establish the freedom of the press in America. 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 25 

Saterday December 23 d 

Present 

John Hamilton P r ^| 
John Reading 
Corn Yanhorne [ Es ^ 3 
Fenwick Lyell J 

A Message from His Excellency by M r Smyth, desiring 
that this House would adjourn itself to the 8 th day of Janu- 
ary next 

Munday January 8 th 173f 
Adjourned to 

Tuesday January 9 th 
Adjourned to 

Wednesday January 10 th 

Present 

John Hamilton P r ~j 
E. Hunter Morris >Esq rs 
Fenwick Lyell J 

M r Morris, by order of His Excellency laid before the 
House the Eleventh Article of His Majesty's Instructions to 
the Governour relateing to the attendance of their Members 
which is as follows. 

"And Whereas We are sensible that effectual Care ought 
to be taken to oblige the Members of our Council to a due 
attendance therein in order to prevent the many Inconveni- 
ences that may happen for want of a Quorum of the Council 
to Transact Buisness as occasion may require, it is our Will 
and Pleasure That if any of the Members of our said Coun- 
cil residing in the Province shall hereafter willfully absent 
themselves from the Council Board, when duly summon d 
without a Just and Lawfull Cause, and shall persist therein 
after Admonition, you suspend the said Councillors so absent- 



26 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

ing themselves till our Further Pleasure be known, giving 
us timely Notice thereof and we hereby will and require you 
That this our Pleasure be signified to the several Members of 
our Council aforesaid and that it be entered in the Council 
Books of our said Province as a Standing Rule 1 
Then the House adjourned to 



Thursday January 11 th 

Present 

John Hamilton P r ^ 
John Reading 

R: Hunter Morris I Es( T 
i 

Fenwick Lyell J 

Ordered That the Clerk do write to M r Provoost and M r 
Schuyler members of this House acquainting them, That 
their attendance is required and that the business of the 
House is delayed for want thereof 

Then the House adjourned to 

* 

Friday January 12 th 
Adjourned to 

Saterday January 13 th 
Adjourned to 

Munday January 15 th 
Adjourned to 

Tuesday January 16 th 

Present 

John Hamilton P r ^ John Schuyler ^ 

John Reading V Esq Ro Hunter Morris I Esq re 
William Provoost J Fenwick Lyell ) 

'See V. 3. Archives, VI., 19. 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 27 

M r Lyell in pursuance of the leave given him brought in 
the following Bills 

An Act to continue an Act entitled an Act for setling the 
Militia of the Province of New Jersey, which was read the 
first time and ordered a Second Reading 

An Act to restrain extravagant and excessive Intrest, 
which was read The first time and ordered a Second Reading 

An Act to Lay a Duty on Staves and Heading of all sorts, 
and Shingles, and Bolts whereof Staves or heading or 
Shingles may or can be made which was read the first time, 
and ordered a Second Reading 

Then the House Adjourned to 



Wednesday January 17 th 

Present 

John Hamilton P r ^ John Schuyler ^ 

John Reading V Esq rs Ro Hunter Morris V Esq rs 
William Provoost J Fenwick Lyell J 

The Bill entitled an Act to Continue an Act for setling 
the Militia of the Province of New Jersey was read a Second 
time, and ordered a third Reading. 

The Bill entitled an Act to restrain Extravagant and Ex- 
cessive Intrest, was read a Second time and ordered a third 
Reading 

The Bill entitled an Act to Lay a Duty on Staves and 
Heading &c was read a Second time and ordered a third 
Reading 

M r Schyler prayed leave of the House to be absent for 
Ten days, which Was granted 

Then the House adjourned to 



28 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Thursday January 18 th 

Present 

John Hamilton P r "^ 
John Reading 

William Provoost f Es( * 
Fenwick Lyell J 

Ordered That The Bill entitled an Act for the Tryal and 
Punishment of persons guilty of Petty Larcenies under the 
value of five Shillings, be committed to the Gentlemen of the 
Council or any three of them. 

M r Reading prayed leave of the House to be absent till 
Munday next, which was granted. 

Then The House adjourned to 

Friday January 19 th 
Adjourned to 

Saterday January 20 th 
Adjourned to 

Munday January 22 d 

Present 
John Hamilton P r ~) 

William Provoost 



Ro : Lettice Hooper } Esq 

Ro : Hunter Morris I 

i 

Fenwick Lyell J 

The Bill entitled an Act to Continue an Act entitled An 
Act for setling the Militia of the Province of New Jersey 
was read a Third time and on the Question put. 

Resolved, That the Bill do pass. 

The Bill entitled an Act to restrain extravagant and exces- 
sive Intrest, was read a third time and on the Question put 

Resolved that the Bill do pass 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 29 

Ordered That M r Morris do carry the above two Bills to 
the house of Assembly for their Concurrence. 

M r Lyell prayed leave of the House to be absent till Fri- 
day next which was granted. 

Then the House adjourned to 



Tuesday January 23 d 

Present 

John Hamilton P*\ 
W m Provoost I Esq rs 

Ro Hunter Morris J 

A Message from the House of Assembly by M r Cooper 
and M r Young desiring this House to appoint a Committee 
to join a Committee of that House to draw up a Table of 
Fees. 

M r Cook and M r Emly 1 from the House of Assembly pre- 
sented to this House for Concurrence a Bill entitled an Act 
for the frequent meeting and Electing Representatives to 
serve in General Assembly. 

Then the House Adjourned to 



tb 



Wednesday January 24 

Present 

John Hamilton P r 
John Reading 
Corn" Vanhorne }> Esq re 
William Provoost 
Ro Hunter Morris J 

The Bill entitled an Act for the frequent meeting and 
electing Representatives & was read the first time and ordered 
a Second Reading. 

M r Vanhorne from the Committee to whom the Bill 
entitled an Act for the Building of a Town house and Goal 

1 Variously spelled, Embly, Emby, Emly, Emley. 



30 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

in the County of Somerset was referred, reported That they 
had gone throu the same, and had made several Amendments 
thereto, which He read in His place and Delivered in at the 
Table 

Ordered That the Bill with the Amendments be read, 
which was done accordingly and agreed to by the House 

Resolved That the Bill with the Amendments do pass. 

Ordered that M r Yanhorn do carry the said Bill and 
amendments to the House of Assembly and desire their Con- 
currence thereto. 

M r Ogden and M r Pearson from the House of Assembly 
presented to this House for Concurrence a Bill entitled an 
Act for laying a Duty on Negro, Indian and Mullatto Slaves 
imported into this Province, which was read the first time, 
and ordered a Second Reading. 

The Bill entitled an Act to lay a Duty on Staves and 
Heading & was read a third time, and on the Question put. 

Resolved That the Bill do pass. 

Ordered That M r Morris do Carry the said Bill to the 
House of Assembly for their Concurrence. 

Then the House adjourned to 

Thursday January 25 th 

Present 

John Hamilton P r ") 
John Reading 
Corn 8 Vanhorne }> Esq 
William Provoost 
Ro. Hunter Morris J 

M r Morris reported that in obedience to the orders of this 
House, He had carried to the House of assembly the three 
several Bills committed to his Care for that purpose 

M r Vanhorne reported that in obedience to the order of this 
House, He had carried to the House of Assembly, the Bill 
with the Amendments Committed to his Care for that pur- 
pose. 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 31 

The bill entitled An Act for the frequent meeting and 
electing Representatives & c was read a Second time and com- 
mitted to M r Morris and M r Lyell 

The Bill entitled an Act for laying a Duty on Negro, 
Indian and Mullato Slaves & was read a Second time and 
committed to M r Vanhorne, M r Reading and M r Provoost 

Ordered That M r Reading, M r Morris, and M r Lyell be a 
Committee to join a Committee appointed by the House of 
Assembly to draw up a Table of Fees 

Ordered that M r Morris do acquaint the House of Assem- 
bly therewith 

Then the House adjourned to 

Friday January 26 th 
Adjourned to 

Saterday January 27 th 

Present 

John Hamilton P r ^ W m Provoost ^ 

John Reading > Esq rs Ro Hunter Morris > Esq rs 
Corn 8 Vanhorne J Fenwick Lyell J 

M r Morris reported that in obedience to the order of this 
House of the 25 th He had acquainted the House of Assembly 
that this House had appointed a Committee to join a Com- 
mittee of that House to draw up a Table of Fees. 

Then the House adjourned to 



Munday January 29 th 

Coll Johnston and Coll Ogden from the House of Assem- 
bly brought back the Bill entitled the Act to continue an Act 
entitled An Act for setling the Militia of the Province of 
New Jersey with one Amendment made thereto by that 
House to which they desire the Concurrence of this House. 

Then the House Adjourned to 



32 NEW JERSEY COLONIAL, DOCUMENTS. [1738-9 

Wednesday January 31 st 

Present 

John Hamilton P r ^ John Schuyler ~) 

John Reading i John Rodman ' 

Corn Vanhorne Ro Hunter Morris j 

William Provoost } Fenwick Lyell 

M r Emly and M r Vanderveer from the House of Assembly 
present* for the Concurrence of this House a Bill entitled an 
Act for regulating Taverns Ordinaries, Inn Keepers and 
Retailers of Strong Liquors. 

His Excellency came to the Council Chamber, and having 
by the Clerk of the Council commanded the Attendance of 
the House of Assembly, He was pleased to make a Speech 
to that House 

Then the House adjourned to 

Thursday February 1 st 

Present 

John Hamilton P r ^ John Schuyler "") 

John Reading : ^ rs John Rodman 
Corn Vanhorne Richard Smith [> Esq 

William Provoost j Ro : Hunter Morris I 

Fenwick Lyell 

The Bill entitled An Act for regulating Taverns &' was 
read the first time, and ordered a Second reading 

A Petition of Sundry Inhabitants of the Counties of Hun- 
terdon and Essex was presented to the House and read, pray- 
ing that this house will be pleased to Assent to erecting the 
Northermost parts of the County of Hunterdon, Rotiticus in 
the County of Essex and Basking Ridge in the County of 
Somerset into a New County. 

Ordered That the said Petition do lie on the Table for the 
Consideration of the Members of this House. 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 33 

The engrossed Bill entitled an Act to continue an Act 
entitled an Act for setling the Militia of the Province of 
New Jersey with the Amendments made thereto by the 
House of Assembly was read & agreed to by this House 

Ordered That M r Lyell do acquaint the House of Assem- 
bly that this House has passed the said Bill 

Then the House adjourned to 



Friday February 2 d 

Present 

John Hamilton P r ^j John Schuyler 

John Reading John Rodman 

Corn Vanhorne f ^^ Rich d Smith j> Esq" 

W m Provoost J R. Hunter Morris j 

Fenwick Lyell J 

M r Lyell reported that he had obeyed the order of this 
House of yesterday 

The Bill entitled an Act for regulating Taverns &c was 
read a Second time, and Committed to M r Provoost M r Rod- 
man and M r Smith 

M r Demont and M r Vanest from the House of Assembly 
brought back the engrossed Bill entitled an Act for Building 
a Court House and Goal in the County of Somerset that 
House having agreed to the Amendments made thereto 

M r Lyell from the Committee to whom the Bill entitled 
An Act for the frequent meeting and electing Representatives 
&c a was referred, reported that they had gone throw the same, 
and had made several Amendments thereto which He read 
in his Place and Delivered in at the Table 

Ordered That the Bill with the Amendments be read, 
which was done accordingly and agreed to by the House 

Resolved That the Bill with the Amendments do pass. 

Ordered That M r Lyell do carry the Bill and amendments 
to the House of Assembly and desire their 'Concurrence 
thereto 

3 



34 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

M r Smith moved the House for leave to bring in a Bill 
for Amending an Act entitled an Act for raising of money 
for Building and Repairing of Goals and Court Houses 
within each respective County of this Province 

Ordered That M r Smith have leave to bring in a Bill 
accordingly. M r Schuyler prayed leave to be absent for a 
Week which was granted 

Then The House adjourned to 



Saterday February 3 d 

Present 

John Hamilton P r> ) John Rodman ^ 

Corn : Vanhorne \- Esq Richard Smith V Esq 
William Provoost ) Fenwick Lyell J 

M r Lyell moved the House for leave to bring in a Bill 
for the Incouragem' of the Trade of this Province. 

As also, leave to bring in a Bill to declare how the Estate 
or right of a Feme-covert may be conveyed or extinguished, 
and for confirming -Conveyances already so made 

Ordered That M r Lyell have leave to bring in Bills 
accordingly 

Then The House adjourned to 



Munday February 5 th 
Adjourned to 

Tuesday February 6 th 

Present 

John Hamilton P r ^ Richard Smith ^ 

William Provoost \- Esq Ro Hunter Morris \> Esq 
Jn Rodman Fenwick Lyell J 

M r Provoost moved the House that M r Morris and M r 
Lyell be added to the Committee to whom the Bill for regu- 
lating Taverns &c a is referred. 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 35 

Ordered That M r Morris and M r Lyell be added to the 
said Committee 

M r Lyell from the Committee to whom the bill entitled 
an Act for the Tryal and Punishment of persons guilty of 
Petty Larcenies &c a was referred, reported That they had 
gone throw the said Bill and had made Several amendments 
thereto which he read in his Place, and delivered in at the 
Table 

Ordered, That the Bill with the Amendments be read, 
which was done accordingly, and agreed to by the House 

Resolved, That the Bill with the amendments do pass. 

Ordered M r Lyell do carry the Bill with the Amendments 
to the House of Assembly for their Concurrence 

Ordered, That M r Lyell do desire of the House of Assem- 
bly to send to this House the Sundry Copies of His Majes- 
ty's Instructions to the Governour, which* were by His 
Excellency delivered to that House to be inserted in their 
Minutes, and in the Minutes of this House 

Then the House adjourned to 



Present 

John Hamilton P r ^ John Rodman ^ 

John Reading > Esq rs Richard Smith 
William Provoost J Ro Hunter Morris { 

Fenwick Lyell J 

M r Stacy and M r Cooper, from the House of Assembly 
brought back the Bill entitled an Act for the frequent meet- 
ing and electing Representatives &c a with one amendment 
to one of the amendments made by this House and two 
amendments to the Body of the Bill, to all which They de- 
sire the Concurrence of this House which Bill with the afore- 
said Amendments being read and considered 

Resolved That this House adhere to their own Amend- 



36 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

ments to the said Bill and disagree to the two amendments 
made by the House of Assembly to the Body of the said 
Bill 

Ordered That M r Smith do acquaint the House of Assem- 
bly with this Resolve 

M r Vanbuskerk and M r Johnston from the House of As- 
sembly brought back the Bill entitled an Act to restrain 
Extravagant and Excessive Tntrest, with several Amend- 
ments made thereto by that House to which they desire the 
Concurrence of this House which Bill with the Amendments 
being read and considered 

Resolved That the House do agree to all the Amendments 
made by the House of Assembly to the said Bill, excepting 
the Amendments made to the 7 th and 19 th lines of the 1 st 
Page of the said Bill 

O 

Ordered That M r Smith do acquaint the House of Assem- 
bly with this Resolve 

M r Lyell reported that he had obeyed the orders of this 
House of yesterday. 

Then the House adjourned to 

Thursday February 8 th 

Present 

John Hamilton P r> j John Rodman ^) 

John Reading V Esq ra Rich d Smith 
William Provoost J Ro Hunter Morris [ 

Fenwick Lyell 

M r Hancock and M r Vanderveer from the House of 
Assembly presented a List of the Members of that House 
appointed as a Committee to join a Committee of this House 
to draw up a Table of Fees, which Members are M r Stacey, 
M r Ogden, M r Eaton, M r Hude, M r Cooper and M r Learning, 

M r Smith reported that he had obeyed the order of this 
Hou^e of yesterday, 

Then the House adjourned to 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 37 

Friday February 9 th 

Present 

John Hamilton P r ^ John Rodman ") 

John Reading VEsq rs Richard Smith ! ^ rs 

W m Provoost J Ro : Hunter Morris 

Fenwick Lyell 

M r Smith in pursuance of the leave given him brought in 
a Bill entitled an Act for raising of money for the use and 
Service of the several and respective Counties in this Prov- 
ince of New Jersey for the better building and repairing 
appointing and Manageing for their several uses Intended, 
Goals, Work Houses or Houses of Correction, Stocks and 
Gourt Houses, and for Killing of Wolves and Panthers in 
each respective County ; which was read the first time and 
ordered a Second Reading 

A Petition of Giles Worth and others inhabitants of this 
Province praying that this House would be pleased to bring 
in a bill for building good and Sufficient Bridges at the 
places therein mentioned, was read 

Ordered, That the Petitioners have leave to bring in a Bill 
accordingly 

M r Learning and M r Pearson from the House of Assembly 
presented for the Concurrence of this House a Bill entitled 
an Act for the more speedy recovery of small Debts ; which 
was read the first time, and ordered a Second Reading 

M r Johnston from the House of Assembly presented the 
Sundry Copies of His Majesty's Instructions to the Gover- 
nour &ca 

Ordered That the Clerk do insert the Copies of the said 
Instructions in the Minutes of this House and they are as 
follows viz* 

14. You are to observe in the passing of Laws that the 
41 Stile of enacting the Same be by the Governour Council 
" and Assembly, & no other You are also as much as possible 
" to observe in the passing of all Laws that whatever may be 



38 NEW JERSEY COLONIAL DOCUMENTS. [1738-1> 

- 

" requisite upon each different Matter be Accordingly pro- 
" vided for by a different Law without intermixing in one 
" and the same Act such Things as have no proper relation 
" to each other and you are more especially to take Care that 
" no Clause or Clauses be inserted in or annexed to any Act 
" which shall be foreign to what the Title of such respective 
" Act imports, and that no perpetual Clause, shall be made 
" part of any Temporary Law ; and that no Act whatsoever 
"be suspended, continued, altered, revived, or repaled by 
" general words but that the Title and date of such Act so- 
" suspended, continued, altered, revived, or repaled, be par- 
" ticularly mentioned and expressed in the enacting Part. 

17. It is our express Will and Pleasure that no Law for 
"raising any impositions on Wines or Strong Liquors be 
" made to continue for less than one whole year and that all 
" other Laws made for the supply and Support of Govern- 
" ment shall be indefinite and without Limitation except the- 
" Same be for a Temporary Service and which shall expire 
" and have their full Effect within the time therein prefixed. 

19. And it is our further Will and Pleasure that you 
" do not give your Assent to or pass any Act in our said 
" Province of New Jersey under your Government for Pay- 
"ment of money either to you the Governour or to any 
" Lieutenant Governour or Commander in Chief, or to any 
" of the Members of our Council or to any other Person 
" whatsoever except to us our Heirs and Successors without 
" a Clause be likewise inserted in such Act declaring that the 
" same shall not take Effect until the said Act shall have 
"been approved and confirmed by us our Heirs or Suc- 
" cessors. 

"26. Whereas several Inconveniences have arisen to our 
"Governments in the Plantations by Gifts and Presents 
" made to our Governours by the General Assemblies You 
"are Therefore to propose to the Assembly at their first 
" meeting after your arrival and to use your utmost endeav- 
" our with them that an Act be passed for raising and setling 
" a Publick Revenue for defraying the Necessary Charge of 






1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 39 

" the Government of our said Province ; And therein Pro- 
" vision be particularly made for a competent Sallary to your- 
" self as Captain General and Governour in Chief of our 
" said Province, and to other our succeeding Captain Gener- 
" als for supporting the Dignity of the said office, as like- 
" wise due Provision for the Contingent Charges of our 
" Council and Assembly, and for the Salaries of the respec- 
" tive Clerks and other officers thereunto belonging, as like- 
" wise of all other officers necessary for the Administration 
" of that Government and particularly That such Salaries be 
" enacted to be paid in Sterling or Proclamation money or in 
" Paper Bills of Credit current in that Province in propor- 
" tion to the value such Bills shall pass at in Exchange for 
" Silver, that thereby the Respective Officers may depend on 
" some certain Income, and not be liable to have their Sti- 
" pends varied by the uncertain value of Paper money And 
" that in such Act all officers Salaries be fixed to some rea- 
" sonable yearly Sum, except the Members of the Council 
" and Assembly, and the officers attending them, or others 
" whose attendance on the Publick is uncertain, who may 
"have reasonable Pay established per Diem during their 
"attendance only, and when such Revenue shall have so 
" been setled and Provision made as aforesaid, then our 
" Express Will and Pleasure is, that neither you our Gover- 
" nour, nor any Governour, Lieuten' Governour, Commander 
" in Chief, or President of our Council of our said Province 
" of New Jersey for the time being, do give your or their 
" Consent to the passing of any Law or Act for any Gift or 
" Present to be made to you or them, by the Assembly, and 
" that neither you, nor they do receive any 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 Decla- 
" ration of our Royal Will and Pleasure in the two foregoing 
"Articles be communicated to the Assembly, at their first 
" Meeting after your Arrival in our said Province, and 



40 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

" entered in the Register of our Council and Assembly that 
" all Persons whom it may concern may Govern themselves 
" accordingly. 

32. You are not to Suffer any Publick Money whatsoever 
"to be Issued or disposed of otherwise than by Warrant 
" under your hand by and with the advice and consent of 
" our said Council ; but the Assembly may be nevertheless 
" permitted from time to time to view and examine the Ac- 
" counts of money or value of Money disposed of by virtue 
" of Laws made by them which you are to signify unto them 
" as there shall be occasion. 1 

The above is a true copy of the 14 th 17 th 19 th 26 th 27 th & 
32 d Instructions from His Majesty's to me, Given at His 
Majesty's Court at Kensington the 21 day of July in the 
12 th year of His Reign. 

Signed 

LEWIS MORRIS 

Then The House adjourned to 

Saterday February 10 th 

Present 

John Hamilton P r> ) John Rodman ") 

John Reading V Esq re Richard Smith 
William Provoost ) Ro: Hunter Morris { ^ 

Fenwick Lyell J 

The Bill entitled an Act for raising of Money for the Use 
and Service of the Several Respective Counties in this Pro- 
vince of New Jersey & ca was read a Second time and com- 
mitted to M r Provoost, M r Rodman and M r Smith. 

The Bill entitled an Act for the more easy and speedy 
Recovery of small Debts, was read a Second time, and 
ordered to lie on the Table for the Consideration of the 
House. 

M r Emly and M r Cook from the House of Assembly, 

'See N. J. Archives, VI., 20-29. 






1738-9] JOURNAL OF THE PROVINCIAL, COUNCIL. 41 

presented for the Concurrence of this House a Bill entitled 
an Act for erecting the upper Parts of the County of Hunter- 
don in the Western Division of the Province of New 
Jersey into a County, which was read the first time and 
ordered a Second Reading. 
Then the House adjourned to 

Munday February 12 th 

Present 

John Hamilton P r> ) . John Rodman ") 
John Reading \- Esq rs Richard Smith 
William Provoost J Ro Hunter Morris j Es( l" 

Fenwick Lyell J 

The Bill entitled an Act for erecting the upper Parts of 
the County of Hunterdon & ca into a County was read a 
Second time & ordered a third reading 

The Petition of Anthony Sharp, Isaac Sharp, and Joseph 
Sharp, of the County of Salem was read, praying leave to 
bring in a Bill to dock an Entail of the Sundry lands in the 
said Petition mentioned 

Ordered That the Petitioners do lay before this House the 
Several Deeds mentioned in the said Petition which was done 
accordingly. 

Ordered That M r Morris and M r Lyell do examine the 
said Deeds and report their opinion concerning them to this 
House, and that the Clerk do order M r Isaac Sharp to attend 
them. 

M r Cooper and M r Demarie [Demarest] from the House 
of Assembly present d for the Concurrence of this House a 
Bill entitled an Act for Naturalizing Peter Tranberg and 
others, which was read the first time and ordered a Second 
Reading 

M r Stacy and M r Emly from the House of Assembly 
brought back the engrossed Bill entitled an Act to restrain 
Extravagant and Excessive Intrest, to be Signed 

Then the House Adjourned to 



42 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Tuesday February 13 th 

Present 

John Hamilton P r -| John Rodman ^ 

John Reading >Esq ra Richard Smith >Esq 
William Provoost ) Fenwick Lyell J 

D r Johnston and M r Young from the House of Assembly 
brought back the Bill entitled an Act for the Trial and 
Punishment of Persons guilty of Petty Larcenies & ca with 
some Amendments made by that House to the Amendments 
of this House to the said Bill, which was read in their Several 
Places. 

Resolved That this House do agree to the two first Amend- 
ments made to their Amendments to the said Bill by the 
House of Assembly, but adhere to their own other Amend- 
ments 

Ordered that M r Lyell do acquaint the House of Assembly 
with this Resolve 

The Bill entitled an Act for erecting the upper Parts of 
the County of Hunfcerdon &c into a County, was read a third 
time and on the Question put 

Resolved That the Bill do pass. 

Ordered That M r Reading do acquaint the House of As- 
sembly therewith 

The Bill entitled an Act for Naturalizing Peter Tranberg 
and others was read a Second time, and ordered a third 
Reading 

Coll Ogden and M r Hancock from the House of Assem- 
bly brought back the Bill entitled an Act for the frequent 
Meeting and electing Representatives &c a to be compared and 
Signed, that house having agreed to the Amendments made 
thereto by this House and engrossed The said Bill which 
Bill having been compared was accordingly by order of this- 
House signed by the Chairman 

Then the House Adjourned to 






1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 43 

Wednesday January [February] 14 th 

Present 

John Hamilton P r "| 
John Reading 
William Provoost }- Esq 
John Rodman 
Richard Smith } 

M r Reading reported that he had obeyed the order of this- 
House of yesterday 

The Bill entitled an Act for Naturalizing Peter Tranberg 
and others was read the third time and on the Question put 

Resolved That the Bill do pass. 

Ordered That M r Smith do acquaint the House of Assem- 
bly therewith 

Then the House Adjourned to 

Thursday February 15 th 

Present 

John Hamilton P T \ Richard Smith ^ 

John Reading VEsq John Rodman VEsq rs 

William Provoost ) Ro : Hunter Morris J 

M r Morris from the Committee appointed for that Pur- 
pose brought in a Bill entitled an Act to oblige the Several 
Sherriffs of this Province to give Security, and to take the 
oaths therein directed for the due Discharge of their offices, 
which was read the first time and ordered a Second Reading 

M r Smith reported that in obedience to the order of yes- 
terday, He has informed the House of Assembly that this 
House agreed to the bill for Naturalizing Peter Tranberg 
and others. 

Coll Ogden, Coll Johnston, M r Hude, M r Richard Smith, 
M r Pearson, and D r Johnston from the House of Assembly 
presented for the Concurrence of this House a Bill entitled 
an Act for the Support of His Majesty's Province of New 



44 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Jersey for three years to Commence the 23 d day of Septem- 
ber 1738 and to end the 23 d day of September 1741 which 
was read the first time, and ordered a Second Reading 
Then the House Adjourned to 



Friday February 16 th 

Present 

John Hamilton P r> ) John Rodman 

John Reading } Esq Richard Smith 
William Provoost ) Ro Hunter Morris j 

Fenwick Lyell 

M* Lyell in pursuance of leave given him brought in a 
Bill entitled an Act continuing an Act entitled an Act for 
the more Speedy Recovery of Legacies that have or may be 
Given in the Province, and for affirming such Acts of Ad- 
ministrators bona fide done before notice of a Will, which 
was read the first time, and ordered a Second Reading 

Also, a Bill entitled an Act declaring how the Estate or 
Right of a Feme Cbvert may be conveyed or extinguished, 
which was read the first time and ordered a Second Reading. 

M r Lyell likewise presented to the House a Bill entitled 
an Act for building a Bridge over Hillstone [Millstone] 
River, and one other Bridge over Stony Brook in the high 
Road between the Counties of Middlesex and Somerset; 
which was read the first time, and ordered a Second reading 

M r Lyell reported that He had obeyed the order of this 
House of the 13 th 

Ordered, That the Clerk do write to M r Alexander, M r 
Vanhorne and M r Schuyler to attend this House with all 
possible Speed acquainting them that this House have now 
Buisness of Importance before them which is much delayed 
by reason of their Absence, the Death of Ro* Lettice Hooper 
Esq r and the non Attendance of John Wills Esq r occasioned 
by his great Age and Infirmity. 

Then the House adjourned to 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 45 

Saterday February 17 th 

Present 
John Hamilton P r ^ 

William Provoost 

i 

John Rodman }> Esq rs 

Richard Smith 

Ro : Hunter Morris J 

A Message from the House of Assembly by M r Stacy 
and M r Young desiring that this House will be pleased to 
appoint a Committee to conferr with a Committee of that 
House on the Subject Matter of the Admendments made by 
the Assembly to the Amendments of this House to the Bill 
entitled an Act for the Tryal and Punishment of Persons 
guilty of Larceny &c a 

Ordered That M r Morris and M r Lyell be a Committee for 
that Purpose, and that the Clerk do acquaint the House of 
Assembly therewith and that the said Committee will be 
ready to enter upon the Conferrence on Tuesday next in the 
afternoon at the House of John Sargant 

The Clerk reported that he had obeyed the above order of 
this House. 

A Message from the House of Assembly by M r Cooper 
and M r Eaton, enquireing what Progress this House has 
made on the Bill entitled an Act laying a Duty on Negro, 
Indian, and Mullatto Slaves' as also on the Bill entitled an 
Act for regulating Taverns &c a to which Enquiry the Chair- 
man in the name of the House made Answer that the Bills 
by the House of Assembly in their Message Mentioned were 
Committed. 

The Bill entitled an Act to oblige the several Sherriffs &c a 
to give Security &c a was read a Second time and committed 
to M r Rodman, M r Morris, and M r Lyell. 

The Bill entitled an Act declaring how the Estate or right 
of a Feme-Covert shall be Conveyed or extinguished, was 
read a Second time 

Ordered That the Bill be engrossed 



46 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

The Bill entitled an Act for continuing an Act entitled an 
Act for the more Speedy Recovery of Legacies & ca was read 
a Second time. 

Ordered That the Bill be engrossed 

The Bill entitled an Act for building a Bridge over Mill- 
stone River &c a was read a Second time 

Ordered That the Bill [be] engrossed 

Then the House Adjourned to 



Munday February 19 th 

Present 

John Hamilton P r ^ 
W m Provoost 
John Rodman }> Esq re 
Richard Smith 
Fenwick Lyell J 

The engrossed Bill entitled an Act for continuing an Act 
entitled an Act for the more speedy Recovery of Legacies 
<,"* was read a third" time and on the Question put 

Resolved That the Bill do pass 

The engrossed Bill entitled an Act for building a Bridge 
over Millstone River &c a was read a third time and on the 
Question put 

Resolved that the Bill do pass 

Ordered that M r Lyell do carry the two fore mentioned 
Bills to the House of Assembly for their Concurrence 

Then the House adjourned to 

Tuesday February 20 th 

Present 

John Hamilton P T ^\ John Rodman ^ 

William Provoost VEsq Richard Smith 
John Schuyler J Ro : Hunter Morris 

Fenwick Lyell 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 47 

A Message from the House of Assembly by D r Johnston 
and M r Young signifying that, that House had appointed M r 
Richard Smith, M r Hude : M r Stacey, and Coll Ogden to be 
a Committee on the Conference on the Bill for the Trial and 
Punishment of Persons guilty of Larceny. 

M r Lyell reported that He had obeyed the order of this 
House of yesterday. 

The engrossed Bill entitled an Act declareing how the 
Estate or Right of a Feme-Covert [shall be] conveyed or 
extinguished was read a third time and on the Question put 

Resolved that the Bill do pass 

Ordered that M r Schuyler do carry the Bill to the House 
of Assembly for their Concurrence 

M r Schuyler reported that he had obeyed the above order 

Then the House adjourned to 

Wednesday February 21 st 

Present 

John Hamilton P r ") John Rodman ") 

John Reading . i -p Ia Richard Smith 
Corfl : Vanhorne Jn Schuyler J> Esq re 

William Provoost } Ro : Hunter Morris j 

Fenwick Lyell J 

M r Mickle and M r Reeves from the House of Assembly 
brought back the Bill entitled an Act for continuing an Act 
entitled Act for the more Speedy Recovery of Legacies &c a 
to which that House has agreed without any Amendments 

The Petition of Nathaniel Crane and others, Freeholders 
and Inhabitants of Elizabeth Town in the County of Essex 
praying that a Law may be enacted for erecting a Court 
House and Goal in Elizabeth Town., was presented to the 
House and read 1 



1 This rivalry between Elizabeth town and Newark was kept up till the Legisla- 
ture passed a law, November 5th, 1806, leaving it to the vote of the people of the 
county where the court-house should be located. With a population of 22,139, there 
were polled 13,857 votes, by men and women, boys and girls, black and white. The 
frauds were so notorious that the Legislature set the election aside, and Newark 
kept the court-house. Band's Elizabethtown, 650. 



48 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Ordered That the Petitioners have leave to bring in a Bill 
accordingly. 

M r Morris from the Committee appointed to conferr with 
the Committee, of the House of Assembly on the Bill for 
Trial and Punishm 1 of Persons guilty of Larceny, re- 
ported, that it was agreed at the conference aforesaid that it 
might be for the good of the Inhabitants of this Province 
and Conducive to the Punishment of Persons guilty of Lar- 
ceny, to extend the Trial and Punishment [of persons] 
guilty as aforesaid to the value of twenty shillings and that 
in that Case The Assembly's Committee had agreed to the 
Amendments made and adhered to by this House to the said 
Bill 

Then the House adjourned to 



Thursday February 22 d 

Present 

John Hamilton P r ^ Jn Schuyler ~) 

John Reading . i John Rodman 

Corn 8 Vanhorne [ Es q rs Richard Smith j>Esq" 

William Proyoost J Ro : Hunter Morris j 

Fen wick Lyell 

M r Cook and M r Young from the House of Assembly 
brought up the Bill entitled an Act for the Trial and Pun- 
ishment of Persons guilty of Larceny with the Amendments 
agreed on at the conferrence for the Concurrence of this 
House; which Bill with the Amendments was read, and 
ordered to be engrossed 

M r Rodman* from the Committee to whom the Bill entitled 
an Act to oblige the several Sherriffs of this Province to give 
Security &* was referred, reported, that they had made some 
Amendments, and added one Clause thereto which He read 
in his place, and the same was agreed to by the House 

Ordered, That the Bill with the Amendments be en- 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 49 

M r Richard Smith and M r Hude from the House of 
Assembly presented for the Concurrence of this House a 
Bill entitled an Act for the better enabling of Creditors to 
recover their Just Debts from Persons who abscond them- 
selves, Which was read the first time and ordered a Second 
Reading 

Then the House adjourned to 



Friday February 23 d 

Present 

John Hamilton P r ~) John Schuyler "") 

John Reading i _, rs John Rodman 
Corn. Vanhorne Richard Smith }- Esq 

William Provoost J Ro: Hunter Morris j 

Fenwick Lyell 

The Bill entitled an Act for the better enabling of Cred- 
itors to recover their Just Debts &c a was read a Second time 
and committed to M r Morris M r Rodman and M r Lyell 

The Bill entitled an Act for the Support of His Majesty's 
Province of New Jersey &c a was read a Second time and 
committed to a Committee of the whole House. 

M r Vanhorne from the Committee of the House on the 
Support Bill reported, they had gone throu the Bill, and the 
matter having been fully debated had agreed that a Confer- 
ence with the House of Assembly on the Subject Matter of 
the said Bill would be necessary, and that that House should 
be desired to appoint a Committee to join a Committee of 
this house to conferr on the Subject Matter of the Support 
Bill &c* 

Ordered That M r Morris and. M r Lyell do acquaint the 
House of Assembly immediately 

M r Morris reported that M r Lyell and himself had obeyed 
the above order 

Ordered That the Committee of the whole House on the 

4 



50 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Bill entitled an Act for the Support of the Government of 
His Majestys Province of New Jersey &c a do sit again on 
Wednesday next 

Then the House adjourned to 



Saterday February 24 th 

Present 

John Reading P r "| John Rodman ") 

Corii Vanhorne > Esq r3 Richard Smith I IT " 

William Provoost J Ro : Hunter Morris j 

Fen wick Lyell 

The engrossed Bill entitled an Act to oblidge the several 
sheriffs to give Security &e a was read the third time, and on 
the Question put 

Resolved, That the Bill do pass. 

Ordered, That M r Morris do carry the Bill to the House of 
Assembly for their Concurrence 

M r Morris reported That he had obeyed the above order 

M r Vanhorne from the Committee to whom the Bill en- 
titled an Act for laying a Duty on Indian, Negro and 
Mullatto Slaves was referred reported that they had gone 
throu the same, and made several Amendments thereto, 
which He read in his Place which Amendments was dis- 
agreed to by the House 

Ordered That the Bill without the Amendments be read 
a third time 

Then the Bill was read a third time, and the Question 
being put whether the bill do pass it was carried in the 
Negative 

A Message from the House of Assembly by M r Antill M r 
Cooper, M r Andrew Johnston, and M r Stacy, in the follow- 
ing words Viz* 

" This House having taken into Consideration the Message 
"of yesterday from the Council by Robert Morris and Fen- 
" wick Lyell Esq to this House, desiring this House to 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 51 

*' appoint a Committee [to join one] of that House in order 
41 to conferr on the Subject matter of the Support Bill, are of 
" opinion, that if the said Subject Matter to be Conferred on, 
41 has only relation to matter of form in said Bill, This House 
41 [is] willing to appoint a Committee to join a Committee of 
" that House in order to conferr on the same, but if thereby 
41 is intended any Alteration of the Substance thereof, This 
41 House is of opinion that no alteration ought to be made by 
41 that House nor ought any Conferrence to be had thereon 

Ordered, That the above message be taken into considera- 
tion on Tuesday next 

D r Johnston and M r Emly from the House of Assembly 
broug' back the Bill entitled an Act declaring how the Estate 
or Right of a Feme Covert may be conveyed or extinguished 
with one Amendment made thereto by the House of Assem- 
bly, to which they desire the Concurrence of this House 

*M r Antill and M r Vanbuskirk from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
entitled an Act for the Relief of the Poor 

Then the House adjourned to 

Munday February 26 th 

Present 

William Provoost P r ^ Richard Smith ^ 

John Schuyler V Esq rs Ro Hunter Morris V Esq" 

John Rodman J Fenwick Lyell J 

The Bill entitled an Act for the Relief of the Poor was 
read the first time and ordered Second Reading 
Then the House adjourned to 

Tuesday February 21 st 

Present 

William Provoost P r \ Richard Smith ^ 

John Schuyler i Esq rs Ro Hunter Morris I Esq rs 

John Rodman J Fenwick Lyell J 



52 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

The House according to order took into Consideration the 
Assembly's Message of Saterday last, and having made some 
Progress therein Deferred the further Consideration thereoi 
To Thursday next 

The*Bill entitled an Act for the Relief of the Poor was 
read a Second time and committed to M r Rodman, M r Schuy- 
ler and-M r Lyell 

M r Stacey and M r Cook, from the House of Assembly pre- 
sented for the Concurrence of this House a Bill entitled a 
Supplementary Act explaining certain Clauses and remedy- 
ing some Inconveniences found to be in an Act entitled ao 
Act for the better laying out regulating and preserving pub- 
lick Roads and High ways throwout this Province 

The engrossed Bill entitled an Act for the Trial and Pun- 
ishment of Persons guilty of Larceny & ca was Read and on 
the Question put 

Resolved That the Bill do pass 

Ordered, That M r Schuyler do carry the Bill to the House 
of Assembly to be compared and Signed 

The Bill entitled an Act declaring how the Estate or 
Right of a Feme- Co vert may be conveyed or extinguished 
with the Amendments made thereto by the House of Assem- 
bly was read and on the Question put whether the 3 d Amend- 
ments be agreed to by this House ? it was carried in the 
negative 

Ordered That M r Smith do carry the Bill to the House of 
Assembly and acquaint them that this House disagrees to 
their amendments 

M r Schuyler reported that he had obeyed the foregoing 
order of this house 

M r Smith reported that he had obeyed the foregoing order 
of this House 

Then the House adjourned to 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 53 

Wednesday February 28 th 

Present 

John Hamilton P r ^ Richard Smith ") 

William Provoost VEsq rs Ro. Hunter Morris i 
John Rodman ) John Schuyler 

Fenwick Lyell 

The Bill entitled a Supplementary Act explaining certain 
Clauses <fec a was read the first time, and ordered a Second 
reading , 

M r Rodman from the Committee to whom the Bill entitled 
an Act for the better enabling of Creditors to recover their 
just debts was committed, reported the said Bill without any 
Amendments 

Ordered That the Bill be read a third time, which was 
done and on the Question put 

Resolved that the Bill do pass 

Ordered That M r Rodman do acquaint the House of As- 
sembly therewith 

M r Young and M r Reeves from the House of Assembly 
presented for the Concurrence of this House, a Bill entitled 
an Act to enable Several of the Cities, Towns, Districts and 
Precincts within this Province, to elect Severall Necessary 
Officers for the dispatch of public buisness, and also to enable 
the respective Counties within this Province to elect County 
Collectors 

Coll Ogden, 1 and M r Emly from the House of Assembly 
brought back the engrossed Bill entitled an Act for the Trial 
and Punishment of Persons guilty of Larceny &c a with the 
Concurrence of that House thereto 

The order of Friday last being read, that the Committee 
of the whole House on the Support Bill do sit again this 
day 

Ordered, That the further Consideration of the Support 
Bill by the said Committee be deifered till Monday next 

Then the House Adjourned to 

1 Josiah Ogden, of Newark. 



54 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Thursday March 1 st 

Present 

John Hamilton P r ^ Richard Smith ^ 

William Provoost > Esq rs Rob Hunter Morris > Esq 
John Rodman J Fenwick Lyell 

M r Learning and M r Cooper from the House of Assembly 
broug' back the Bill entitled an Act declaring how the Estate 
or a right of a Feme-Covert may be conveyed or extinguished 
with the former Amendments made thereto by that House to 
which they do Still adhere 

M r Rodman reported that he had obeyed the order of this 
House of yesterday. 

Coll Ogden, and M r Pearson from the House of Assem- 
bly brought back the Bill entitled an Act to Oblige the Sev- 
eral Sheriffs &ca to give Security &ca with Some Amendments 
made thereto by that House, to which they desire the Con- 
currence of this House 

M r Lyell from the Committee to whom the Bill entitled an 
Act for regulating Taverns &c a was referred ; reported that 
they had gone throd the same and made several Amend ments- 
thereto, which he read in his place and were agreed to by the 
House 

Ordered That M r Lyell do carry the Bill and Amendments- 
to the House of Assembly for their Concurrence 

The House according to the order of Tuesday last took 
into their further Consideration the House of Assembly'* 
Message of the 24 Ult by M r Antill &ca Concerning the 
Conferrence demanded on the Subject Matter of the Support 
Bill, and after some time Spent therein agreed upon the fol- 
lowing Message to be sent to the House of Assembly Viz 1 

"The Council taking into Consideration the Message of 
" Saterday last from the House of Assembly by M r Antill 
" &c a are of opinion that as a Branch of the Legislature of 
" this Province they have a Right to desire Conferrences with 
"the House of Assembly upon any Subject whenever they 
" think the Interest of the Publick requires it, and the Coun- 






1738-9] JOUENAL OF THE PROVINCIAL COUNCIL. 55 

" cil are further of Opinion, that the refusing to grant such 
" Conferrence, may prove an obstruction to the Progress of 
" the Publick Buisness ; and a means of breaking off that 
" good and friendly Correspondence which ought to Subsist 
" between the two Houses 

The Council observe, that desiring a Conferrence in the 
" manner they did was treating the House of Assembly with 
" the greatest Respect, And was the most likely method, they 
" could think of, to put an end to the Sessions in Peace 

The Council do for the reasons, above offered, persist in 
" their former desire of general Conferrence, and hope the 
<l House of Assembly will have so great a regard to the In- 
" terest of the Publick (at whose Expence we sit) to grant 
" the Conferrence, in order to put an End to this long and 
" Expensive Session 

Ordered, That M r Provoost and M r Morris do carry the 
said Message to the House of Assembly 

The Bill entitled an Act to enable Several of the Cities, 
Towns, Districts and Precincts within this Province to Elect 
several Necessary officers &c a was read the first time, and 
ordered a Second Reading. 

The Bill entitled a Supplementary Act explaining certain 
Clauses &ca was read a Second time, and ordered a third 
Reading 

Then the House adjourned to 

Friday March 2 d 

Present 

John Hamilton P T \ John Rodman ^j 

Corn. Vanhorne I Esq rs Richard Smith 
William Provoost ) Ro : Hunter Morris j sc f* 

Fenwick Lyell 

The Bill entitled a Supplementary Act explaining certain 
Clauses &c a was read a third time and the Question being 
put, whether the Bill do pass ? it was carried in the Negative. 



56 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

The Bill entitled an Act to enable Several of the Cities 
&c" within this Province to elect several Necessary officers 
&c a was read a Second time, and the Question being put, 
whether the Bill be committed it was carried in the Negative. 

Ordered That the Bill do lie on the Table 

M r Lyell reported that he had obeyed the order of this 
House of yesterday 

M r Provoost reported that M r Morris and himself had 
obeyed the order of this House of yesterday 

Then the House adjourned to 

Saturday March 3 d 

Present 

John Hamilton P r \ John Rodman ^ 

Corn. Vanhorne VEsq Richard Smith VEsq" 
William Provoost J Fenwick Lyell J 

M r Rodman from the Committee to whom the Bill entitled 
an Act for the Relief of the Poor, was referred, reported the 
same without any Amendment 

Ordered That the Bill be read a third time, which was 
done, and the Question being put, whether the Bill do pass ? 
it was carried in the negative 

M r Cook and M r Benj a Smith from the House of Assem- 
bly, brought back the Bill entitled an Act for regulating 
Taverns &c a with the Amendm 18 made thereto by the House, 
to all which Amendments that House agrees except the first 

Then the House adjourned to 

Munday March 5 th 



Present 

John Hamilton P*\ John Schuyler "^ 

W m Provoost I Esq rs Richard Smith i 

John Rodman J Ro Hunter Morris 

Fenwick Lyell 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 57 

The House taking into Consideration the Bill entitled an 
Act to oblige the several Sheriffs &c a to give Security &c a 
with the Amendments proposed by the Assembly thereto, do 
reject the said amendments 

Ordered That M r Rodman do acquaint the House of 
Assembly therewith. 

The House taking into Consideration the Bill entitled an 
Act for regulating Taverns &c a together with their own 
amendments thereto do recede from their first Amendment 

Ordered That M r Rodman do carry the Bill to the House 
of Assembly and acquaint them that this House [h]as receded 
as above 

M r Rodman reported that he had obeyed the foregoing 
order of this House 

The House deferred the further Consideration of the Sup- 
port Bill to Wednesday next 

Then the House adjourned to 

Tuesday March 6 th 

Present 

William Provoost P r ") 
John Rodman 

Richard Smith } Esq rs 

Ro: Hunter Morris 
Fen wick Lyell J 

A Message from the House of Assembly By M r Antill, M r 
Andrew Johnston, M r Cooper, and M r Pearson in the follow- 
ing words Viz e 

" The House taking into Consideration the Message of the 
" Council of the Second Instant, by Robert Morris, and Wil- 
" liam Provoost Esq rs are of opinion that general Conferr- 
" ences and particular ones too at fit Seasons and on proper 
" occasions, where they are no wise likely to prove destruc- 
" tive of the privileges of this House, may often tend to pro- 
" mote the publick Interest and Welfare : and this House is 
" further of opinion, that each House has a Right to desire a 



58 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

" Conference on proper Occasions, and that both Houses have 
"an equal Right to refuse a Conference when they have 
" reason for so doing 

" This House is heartily desirous of cultivating a perfect 
" Harmony between both Houses, which when established on 
" Honourable Terms, cannot but be productive of a general 
" Good and Tranquility, and must be the most effectual 
" method to put an End to this long and expensive Sessions 
" in peace 

" We do assure that Honourable House, that had a Gen- 
"eral Conference only [been desired] by the Message of 
" Friday the 23 d of February last, We should very readily 
" have agreed thereto, and as by the Message of the Second 
" Instant a general Conference only seems to be desired, this 
" House has appointed M r Antill M r Andrew Johnston, M r 
" Cooper, M r Learning M r Richard Smith, Coll Ogden, M r 
" Hancock, and M r Hude, to be a Committee to Conferr with 
" a Committee of that hon ble House, But if it be designed by 
" that Hon ble House, by such Conferrence, to make any 
" Alteration in the Substance of the Support Bill, which has 
" long since passed* this House, and wherein We humbly 
" conceive (and hope it will be thought) we have granted His 
" Majesty an Honourable Support for this Government, We 
" were and Still are humbly of opinion, that it can neither 
" be for the Interest of the Province nor consistant with the 
" Privileges of this House, to admit of any Alteration to be 
" made therein or any Conference to be had thereon 

Ordered That the above message be taken into Considera- 
tion to morrow 

Then the House adjourned to 



Present 

John Hamilton P r ^ John Rodman "") 

William Provoost >Esq rs Richard Smith 
John Schuyler Ro Hunter Morris [ 

Fenwick Lyell 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 59 

M r Cooper and M r Richard Smith from the House of 
Assembly brought back the engrossed Bill entitled an Act 
for regulating Taverns &c a to be compared and signed, which 
was done accordingly 

" Coll Ogden and M r Learning from the House of Assem- 
" bly brought back the Bill entitled an Act to oblige the sev- 
" eral Sherriffs &c a to give Security &c. and acquainted the 
" House " that that House do recede from their former 
" Amendments made to the Bill, and has made some other 
" Amendments thereto to which they desire the Concurrence 
"of this House" To this the Chairman, in the name of the 
" House, made answer " That this House could not receive 
" the Bill with any New Amendments, that House having 
"already had the Bill Sent down to them, with the last 
" Resolution of this House thereon unless a Conferrence is 
" desired 

Ordered, That M r Schuyler be added to the Committee 
appointed to Examine the Treasurers accompts. 

The House deferred the further Consideration of the Sup- 
port Bill as also of the Assembly's Message of yesterday by 
M r Antill &c a to Friday next 

Then the House adjourned to 

Thursday March 8 th 

Present 

John Hamilton P. ^ 
William Provoost 
John Rodman }> Esq rs 

Richard Smith 
Ro : Hunter Morris J 

A Message from the House of Assembly by D r Johnston, 
Coll Ogden M r Hancock, and M r Emly in the following 
words Viz' 

"That that House hath gone throw all the Buisness before 
"them, except whats referred to the Committees of both 



60 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

" Houses, and desire this House to fall upon such measures 
" as shall be most effectual to put a Speedy dispatch to such 
" Buisness, which when done and the Support Bill being 
" passed by this hon ble House, and sent down to that House 
" in order to be presented to His Excellency, That House 
" humbly conceives and hopes an End may be put to this 
"Sessions" To which the Chairman in the name of the 
" house, replyed That this House had already gone throu the 
"several Bills laid before them, except the Support Bill 
" which the House will take into Consideration, and dispatch 
" the same with all possible Expedition 
Then the House adjourned to 



Friday March 9 th 

Present 

John Hamilton P r ^ 
William Provoost 
John Rodman } Esq r 

Richard Smith 
Ro : Hunter Morris J 

The House further deferred the Consideration of the Sup- 
port Bill, and the Assemblys Message concerning the Conferr- 
ence desired thereon to Munday Next, and adjourned to 



Saturday March 10 th 
Adjourned to 

Munday March 12 th 

Present 

John Hamilton P r ^ Richard Smith ^ 

William Provoost V Esq Ro Hunter Morris I Esq rs 
John Rodman J Fenwick Lyell J 



1738-9] JOURNAL, OF THE PROVINCIAL COUNCIL. 61 

The House further deferred the Consideration of the Sup- 
port Bill and the Assembly's Message's concerning the Con- 
ferrence Desired thereon to Tuesday 

And the House Adjourned accordingly to 



Tuesday March 13 th 

Present 

John Hamilton P*^\ Richard Smith "j 

William Provoost > Esq" Ro Hunter Morris V Esq rs 
John Rodman Fenwick Lyell 

The House having taken into Consideration the Support 
Bill, and the Assembly's several Message's relating thereto, 
and the Conferreuce demanded thereon 

Resolved that the following Message be sent to the House 
of Assembly 

Viz. The Council having taken into Consideration the 
Message of the 6 th of this Instant from the Assembly by 
Mess rs Antill, Johnston, Cooper, and Pearson, and having 
Endeavored '(as much as in us lay) to preserve and Cultivate 
that good understanding, and agreement which is so necessary 
to be kept up, and maintained, between the Branches of the 
Legislature for the general welfare of this province, do, in 
order to Justifie our Conduct to His Majesty (before whom 
the Journall's both of the Councill and Assembly are Com- 
manded to be layed) As also to prevent further Mistakes : 
and (if possible) to remove all obstructions to that good har- 
mony so heartily endeavoured at, and so earnestly desired by 
us and so beneficial to the Publick, think it Needfull also to 
reconsider, and observe upon the Answer made by the 
Assembly on the 24 th of February to our Message of the 
day before, wherein we desired them to appoint a Comittee 
of their House to join a Committee of our House, to Conferr 
on the Subject Matter of the bill for the Support of Govern- 
ment &c a In which Answer the Assembly declare their 
opinion, First that if the Subject Matter, desired by us to be 



62 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Conferred upon, has only relation to matter of form in said 
Bill they are willing to appoint a Committee, in order t - 
conferr on the same But Secondly, if thereby (meaning the 
conferrence) is intended any alteration of the substance 
thereof, The Assembly are of opinion that no Alteration 
ought to be made by the Council nor ought any Conference 
to be had thereon on which opinion and Declaration of the 
Assembly, we do observe that the Subject Matter of any 
writing and the form of words by which that Subject Matter 
is Expressed, are in their Nature so Different, that there 
could be no Just room to doubt, what was meant by the 
Message it being Delivered in Express terms Viz' to Conferr 
on the Subject Matter of the said Bill and not to Conferr 
concerning the form of words (considered as such) in which 
that Subject Matter was Expressed 

2 dly That tho alterations possibly may be agreed upon at a 
Conferrence, and such too as were not thought on or Intended 
to be proposed by the persons at the time of their requiring 
it, yet it is evident, from the Nature of the thing, that no 
Alteration could be made from barely having granted, or 
yielded to a Conference or otherwise than by agreement of 
the parties Conferring which we do Conceive, neither would, 
nor could have been a destroying or Lessening of any real, 
or pretended Rights or priviledges of either of the parties 

3* 1 * That we the Council by Virtue of His Majesty's 
Letters Pattent (to which we Suppose, the Assembly cannot 
be Strangers, and which they will not desire 1 by deeds, or 
words, to be the sole foundation of all authority in this 
province and of the Exercise of it,) have a Right power and 
Authority to propose or amend, a Bill of any kind ; The 
power and Authority thereby given, being that the Governour 
may, by and with the Consent of the Council, and Assembly 
or of the Majority of them Respectively, make and Enact 
laws &c a In w ch no Distinction whatsoever is made, between 
the power given to the one, or the other, and as there cannot 
be Privilege in Such a Case, where there was not or is not 

'Query: deny? 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 63 

Power ; so the Letters Pattent, only conferring the Power, 
and that being equal to the Council, and Assembly Each of 
Consequence) must have a like Priviledge of proposing, or 
amending any Bill, to be enacted by virtue of the Power 

4 thly That by the Acts of General Assembly of this Prov- 
ince, for emitting the paper Currency, (which have had his 
Majestys royal assent & Confirmation) we the Council, are, 
by Express words in those Acts, impowered equally with the 
Assembly to direct in what sort, manner, and form, the 
Interest money annually pay'd into the Treasury, for the 
Support of this Government, shall be disposed off, The 
words of those Acts being [and the residue (of the Interest 
money] shall be annually, and Every Year, within three months 
after the receipt thereof by the Commissioners of the Loan 
Offices paid into the Treasurers of the respective Divisions of 
this province, for the time being to be disposed of to and for 
the Support of the Government of this Province, in such sort, 
manner, and form, as by the Governour, Council, and General 
Assembly shall be directed] By this the Power and Authority 
given, is Joynt, and to every Branch of the Legislature, the 
Same and the like power ; and to none a different, the one 
from the other; consequently, whatever one Branch might 
do, the other might also, nor can the desposition of the money, 
be to any other use or purpose, than the Support of the 
Government, because that money, from the Nature of the 
thing, and the force of the Terms made use of, must be 
understood, to be given to His Majesty for that purpose, and 
the property thereof to be solely in him tho' to be disposed 
of, and applyed to that use and purpose by the persons, and 
in the manner, in and by those Acts directed, nor Can the 
Assembly or their Constituents, be said to have any property 
therein ; and if so cannot now be given by them, or any of 
them, as they Seem to pretend. Therefore the Assembly 
taking upon themselves, to dispose of that money, (not admit- 
ting the Council to have an Equal Authority, and right to 
propose in what sort, manner, and form, the Same should be 
disposed off; and not admitting, that we have Right to 



64 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Amend the Bill now depending and Directing the Same) Do 
(as we conceive) Act contrary both to the Tenour, and Power 
granted by His Majesty's Letters Pattent ; and contrary to 
the Laws Known to be in full force, and very much tending 
to raise Animosities, divisions and contentions amongst His 
Majesty's Subjects ; of whose Rights and Properties we are 
(and hope, we shall ever approve our selves to be) equally 
with the Assembly carefull. From all which we do observe 
further : that we might and Justly, and legally could, have 
made Such Amendments and Alterations in the Bill, now 
Called, an Act for the Support of this Government &c a as 
we should think fitt ; without consulting the Assembly or 
Conferring with them thereon, and we believe, that all 
reasonable men lovers of Peace, will think that we by 
declining to make any Alterations, or Amendments, but 
Desiring to Conferr with the Assembly thereon, Did, in that 
Case, treat them in the most Tender manner ; and took the 
most likely, and probable method to preserve, promote, and 
Cultivate a good Correspondence and agreement between the 
two Branches of the Legislature and tho' Possibly, we may 
a c sent to the Bill'as it now Stands, rather that [than] suffer 
the Government to remain unsupported, which by the Slow 
progress that Bill has had in the Assembly, appears to have 
been intended by many, (it not having been sent to us untill 
the fifteenth day of February last) yet we cannot consistant 
with the priviledges of our House and the Duty of the 
Station, wherein His Majesty has been pleased to place us, 
omit complaining of so great, and manifest a violation of the 
Laws in that case, and of the Dangerous tendency of such a 
practice 

gthiy >p ne ] nc i s of Calling and meeting together, of this, or 
any Assembly, are to agree upon, and propose, such laws to 
the Governour (who has a Negative voice) for his assent, as 
we, and the Assembly shall think necessary for the Publick 
good, the nature of the thing therefore requires y' we should 
conferr together for that purpose ; and either party denying 
so to do, when thereunto desired by the other and persisting 



1738-9] JOURNAL, OF THE PROVINCIAL COUNCIL. 65 

in that Denyal, is Denying the use of the only Proper means, 
conducive to the Ends proposed ; and is Either a totall Ex- 
clusion of one of the Branches of the Legislature, or which 
is much the same thing, a Compelling us to Assent to what- 
ever is proposed by the Assembly ; tho in some of its parts 
never so inconvenient and may Justly be said, to tend (from 
a Necessity) to obtain a forced Consent to things which never 
have been procured any other way 

gthiy jf ^ thg Assembly suppose) we had not the Right 
which we claim or were Doubtfull, or not fully Satisfied, 
whether we had a Right to make any Alteration ; yet we are 
of opinion, that a friendly conference was the most likely and 
Effectual Method to convince the Mistaken party, and tend- 
ing most to preserve that good Correspondance, unanimity, 
and harmony between us, and them, which is so Necessary to 
be kept up for the Publick good ; and to Answer the true 
Ends of our Comeing together 

7 thly The Assembly, in their Message of the 6 th of this 
month grant that a Perfect harmony, between us, and them, 
cannot but be productive of a General good, and Tranquility ; 
and that it must be the most Effectuall method of putting an 
End to this long and Expensive Sessions in peace yet they 
deny conferring with us which is the only way proper to 
preserve that harmony, if subsisting, or procure it if wanting. 
They Indeed say, that this perfect harmony is productive of 
these good Effects, when Established on Honourable Terms ; 
but what they mean by this or a Supposal of the Contrary 
we are at a loss to know, because we Cannot Conceive that 
any Harmony can or ought to Subsist between the Branches 
of the Legislature, but such as is good, and honourable ; and 
agreeable to the Constitution and to be Maintained for the 
preservation of it, and for that purpose only ; all other har- 
monies and agreements, tending to Destroy it, being no other 
than Combinations, which Justly fall under a Different 
Denomination and cannot with Justice, and propriety of 
Speech, be termed honourable, honest, or good ; and we hope 

5 



66 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

we have not been thought to have Attempted, or offered any 
thing of that Class. 

gthiy rpke Assembly assure us that had a General Con- 
ferrence (only) been desired by our Message of the 23 d of 
February they would have readily agreed to it, and as by 
our Message of the 2 d Instant, a General Conferrence (only 
seems to be Desired, they appoint persons to Conferr &c a we 
have already made it plain (as we believe) to every impartial 
Reader, that there could be no Room to mistake our meaning ; 
our Message being full and Express, To Desire a Conference 
on the Subject of the Support Bill (so called) and in our 
Message of the 2 d Instant, we persist in our former Desire of 
a General Conference which can leave no room to doubt our 
meaning of what we desire to conferr upon ; Viz' the Subject 
matter of the Support Bill which we formerly desired to 
Conferr upon, and which Desire we all at that time Viz' the 
2 d of March persisted in. why the Gentlemen of the Assem- 
bly take so much pains to Evade our plain meaning ; and 
Endeavour Instead of our, own which is so plain and Clear 
to Substitute something else in the place of it ; and for what 
Reasons they do so endustriously decline and avoid Con- 
ferring with us on the head which we repeatedly desired to 
Conferr with them upon, they can best tell; as they can, 
what is most, 1 by a General Conferrence only. A General 
Conferrence on a Subject Matter assigned (Viz e the Support 
Bill) we understand and mean, to be a Conference on all the 
parts of that Bill. A General Conference (only) without any 
Subject Matter assigned or Proposed to be confered upon ; is 
a Conference so loose, that we are at a loss to Know, either 
what is, or can be meant by it, unless it be to Conferr upon 
any matter, or thing that shall at that Conference, be proposed 
to be Conferred upon Such a Conference will Indeed include 
every thing : as well the Subject matter of the Support Bill, 
as any thing else, but as at a Conference of that kind, neither 
of the Confering parties can know what is to be Conferred 
on by the other till proposed ; so they must be very much 

'Query: meant? 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 67 

unprepared, to manage such a Conference to any tolerable 
Effect, and is a Conference (we think) without President, or 
Example in the Legislature 

Should the Assembly Say, that, By a General Conference 
only they mean a Conference upon any, and every thing ex- 
cept what they call the Support Bill and that to that purpose, 
they have appointed a Committee, to hear what ever else we 
think fitt to propose: In that Case we must observe, that 
they could not but know that was not such a Conference, as 
we Desired to have with them ; and which we persisted in : 
and they Cannot but also know, that their Granting this 
Supposed General Conference, was (under the Specious pre- 
tence of granting a General Conference only) a persisting in 
the Denyal to Conferr with us at all, on the Subject matter 
whereon we Desired to Conferr with them. They must 
further know, that what they Say, when they tell us, They 
were and Still are of opinion that it Can Neither be for the 
Interest of the province, nor Consistant with the Priviledges 
of their House, 'to Ad mitt of any alteration to be made 
therein Viz* the Support Bill so Called) or any Conference to 
be had thereon, could only amount to attempts at Reasons to 
Justine the Denyal whereon we must farther observe that 
had they granted us the Conference Desired, we should only 
have proposed Alterations, and additions to the Bill; and 
would have given our Reasons for the same ; but could not 
Compell them to be made ; and their hearing what we had 
to propose thereon, Could not have been against the Interest 
of the Province ; nor at all inconsistant with the priviledges 
of this or any other Assembly We conceived the Bill to be 
defective, both in Substance and form, in many parts of it ; 
and had (as we did, and do Still believe) reasons Sufficient 
(had they been heard) to Induce the Assembly to have Con- 
sented to the Necessary alterations therein 

gthiy Alterations against the Interest of the Province or 
Inconsistant with the priviledges of the Assembly we think 
ought not to be made or assented too by either House : we 
did not propose to make, or Endeavour at any Such ; if we 



68 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

had, the House of Assembly would always have been able, 
both to have preserved their Priviledge, and to have Justified 
Their Conduct therein, But in the present Dispute, we appre- 
hend they neither have any peculiar priviledge, nor Can they 
Justifie their Conduct in their Endeavour to Detract from 
the Just power, and Authority of us the Council, which we 
will ever Endeavour to preserve Clear & Intire according to 
the Constitution and therein (to the best of our Judgment) 
Assert His Majesty's Just Rights, and Prerogatives and the 
Properties and real Priviledges of the People of this Province 

Ordered, that the Clerk do make out a true Copy of the 
above Message to be sent to that House 

Then the House adjourned to 



Wednesday March 14 th 

Present 

John Hamilton P r ^ Richard Smith ~\ 

W m Provoost V Esq rs Ro : Hunter Morris I Esq 

John Rodman* ) Fen wick Lyell 

The House adjourned to 



Thursday March 15 173| 

John Hamilton P r ^ Richard Smith ^ 

William Provoost V Esq rs Ro Hunter Morris > Esq 
John Rodman ) Fenwick Lyell 

The Committee appointed to Join a Committee of the 
House of Assembly to draw up an Address to His Majesty, 
presented to the House an Address agreed upon by the said 
Committees which Address being read and approved of by 
the House was ordered to be signed by the Speaker 

Ordered, that M r Smith do Carry the Address to the 
House of Assembly to be signed and returned to this House 



1738-9] JOURNAL OF THE PROVINCIAL, COUNCIL. 69 



The Clerk laid before the House a Copy of the message 
of this House to the House of Assembly which was Com- 
pared and found to be true 

Ordered That M r Provoost and M r Lyell do carry the said 
message to the House of Assembly 

M r Morris from the Committee appointed to join a Com- 
mittee of the House of Assembly to Examine the Treasures 
Acco ts reported the State of the said Acc ts which were read 
anfl approved of and are as follows Viz' 

The Committee appointed to Examine the Treasurers Ac- 
counts in Conjunction with the Committee of the Assembly, 
having Carefully Examined the same do agree that Robert 
Hunter Morris Esq r from the said Committee do make the 
following Report to the House contain'd in the follow 8 
account 

D r Michael Kearny late Treasurer of the Eastern C r 
Division to the Province of Ne\f Jersey 

Support of Government 

To the Ballance re- 
maining in his 
hands at last Set- 
tlem 1 as ^ the Re- 
port in the year 
1733 46,,13,,4 

To the Quotas of the 
Eastern Counties as 
by Law directed 
for the year 1733 
Viz* 

6 
6 



541 ,,10 ,,6 



Bergen 81 


18 


Essex 136 


2 


Middlesex 114 


18 


Somerset 39 





Monmouth 169 


11 



To part of a Diffici- 
ency received from 
Essex as 3d his 



70 



NEW JERSEY COLONIAL DOCUMENTS. 



[1738-9 



Interest money paid from the Loan Offices 


To Interest money re- 


By sundry Warrants 


maining in his 


and Certificates 


hands as appears 


produced and En- 


by the last Report 


dorsed by the 


in 1733 1276,, 6,, 2} 


Committees being 


To interest received 


accounted for 


since from the East- 


amounting to in 


cm Counties viz^ 


the whole 1714,,6,, 


Bergen 90 ., 18 


By allowed by the 


Essex 172 ,, 15 10 


House at last Set- 


Middlesex 171 13 - 
,100 A in 


tlement ---,, 




Ballance due 567,,1,,4J 






2303,, 9,, 4J 


2303 9 4 J 


The Committee fur- 


The Committee 


ther proceeded to 


waited on his Ex- 


Examine the Ac- 


cellency the Gov- 


counts relating to 


ernor in Council 


the cancelling of 


& Saw Burnt and 


such part of the 


destroyed in part 


4000 paid into the 


of the Sum men- 


Treasury from the 


tioned to be in the 


Eastern Division by 


hands of the said 


Virtue of an Act 


late Treasurer un- 


past in the year 


cancelled the Sum 


1723 for that pur- 


of 75 ,,11 ,,6 


pose and upon In- 


Which with 


quiry find that said 
late Treasurer had 


40/ over 
cancelled 
&Destroy- 


Bills of Credit re- 


ed as by 


maining in his 


the Re- 


hands (as appears 


port in 


by the Report) at 


1730 ap- 
pears 2,, ,, 


last Settlem 4 in the 


Makes the 


year 1733 amount- 


Sumot 77 ,,11,, 6 


ing to..369,, 11 


The Coin- 


And that he 


in i 1 1 ee 


has since 


also saw 


received of 


Destroyed 


Mrs Jennet 


in part of 


Parker in 


the 347 


part of the 


,,14,,6the 


Difficiency 


Sum of..... 58,,13,, 6 


in Moses 


Which sum of 58 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 71 



R o 1 f e s 
hands for- 
merly Col- 
lectr of 
Middlesex 
County 55 15 ,, 



Which sum of 425 
6 was in the 
hands of said Treas- 
urer to be Can- 
celled In old Bills 
dated 1724 the Sum 
of... .. 77 ,,11 ,,6 

In New Bills 
dated 1727 
the Sum of 347 14 ,, 6 



425,, 6,,- 



425,, 6,,- 



,,13 ,,6 should 
have been in Bills 
dated 1727 but was 
in old Bills which 
said late Treasurer 
had receiv d in Ex- 
change for new 
Ballance remain? 
now in his hands 
to be Cancelled & 
Destroyed 289,,!,, 



425,, 6,,- 



The Committee are of 
opinion that the said Sum of 
567,,1,,4| (being the Bal- 
lance of the above Account) 
now in the hands of the said 
late Treasurer ought to be 
paid to Andrew Johnston 
present Treasurer and also 
that the said late Treasurer 
ought to lay before the Gover- 
nour and Council the above 
Sum of 289,,!,, being 
the bal lance above mentioned 
remaining in his hands to be 
Cancelled & Destroyed in 
order to be Cancelled and 
Destroyed 



By order of the Committee 
Ro HUNT MORRIS 
Jos. COOPER 



72 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

The said Committee do further Agree that Robert Hunter 
Morris Esq r from the said Committee do make the following 
Report to the House contained in the following Account 



D r Andrew Johnston Treasurer of the Eastern Divi- 
vision to the Province of New Jersey. 

Support of Government 



To Sundry Arrear- 


By the Ar- 


ages in the follow- 


r e a r a ges 
t> Contra 


ing Counties as the 


in the 


Same was Reported 


County of 


at last Settlement in 


Middle- 


1733 Viz' 


sex 18.,18,,5Ji 




Still out- 


Middlesex 18,,18,,5M 
Ditto in 1730 25 ,, 


standing 
Ditto in 


13 13 5J 






the year 


Somerset 18 ,, 3,, 


1730 25 




/)9 iq ji 


To the Quotas of the 


*tO,, 1O ,, t>J 


Eastern Counties as 
by law Directed for 


By the 

County of 
Somerset 


the years 1734 


Still due...18 3,, 


1735 Viz' 


By the 


Bergen 163 17 


County of 


Essex 272,, 5,, 


Efcsex in 


rtrtft !i? 


1734 ,,17,, 6 


Middlesex 2.SJ ,, lo ,, 




Somerset 78 ,, ,, 


1J ,, ,,0 


Monmouth 339 3 




1053,, 1,, 





1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 73 



Interest money paid from the Loan Offices 



To Sundry Defficien- 
cies in the following 
Counties as the 
same were Reported 
at last Settlem' in 
1733 Viz' 

Essex 75,, 19,, 
Middlesex 169,, 9,, 4% 
Somerset 6,, 9 ,,10 



To Interest money 

Payable from the 

Eastern Counties in 

1733 ,,1734 ,,1735,, 

1736 for the first 

40,000 Viz' 

Bergen 36,, 2 ,,3^ 

Essex 64 ,,16 ,,6% 

Middlesex 46 10 4% 

Somerset 9, ,11 ,,S% 

Monmouth 85,, 5, ,8% 



Essex 



617, 



Middlesex 520, 
Somerset 173, 
Monmouth 772, 



To Interest money 
payable from the 
Eastern Counties 
for the last 40,000 
in the year 1738 
Viz' 

Bergen 144,, 6 
Essex 240,, 14 

Middlesex 201,, 6 
Monmouth 301 12 
Somerset 67 ,, 



247 18 



To Interest money 
payable from the 
Eastern Counties 
for the 20,000 in 
1734 ,,1735 ,,1736,, 
1737 1738 Viz' 

Bergen 367, 10,, 



: 6,, iof 



10,, 



2451,, 5,,- 



- 945 ,,18,,- 
5041 ,,10,, 3 



By Interst money 
receiv d by Mich- 
ael Kearny late 
Treasurer since 
last Settlement 
in the year 1733 
of the Eastern 
Counties Viz* 

Middle- 
sex 174 ,,13,, 

Essex 172 ,,15 ,,10 

Bergen 90,, 18,, 



By the Difficien- 
cies P Contra 
in the Interest 
money due on 
the three Sev- 
eral Loans, since 
the last Settlem' 
in the year 1733 
from y e Coun- 
ties following 
Viz 1 

Bergen 21 ,, 4,, 9% 

Essex 80,, 6 ,,5% 

Middle- 
sex 156,, 6 ,,9^ 

Somerset 97 16 9% 

Mon- 
mouth 285 ,,16,, 3% 



I,, 6 ,,10 



641 ,,11,, H 



By Sundry War- 
rants produced 
and Endorsed 
by the Commit- 
tee as being ac- 
counted for 
amounts to 2509,, 7,, 8 



Ballancedue 1389,, 5,, 9 

5041 ,,10,, 3.J 



74 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 



The Committee proceeded 
further and Examined the 
acco" relating to Cancelling of 
such part of the 4000 paya- 
ble from the Eastern Division 
by virtue of an Act pass'd in 
y e year 1723 for that purpose 
and upon Inquiry found s d 
Treasurer has in his hands by 
virtue of 'being one of the Ex 
of John Parker deceased who 
in his life time assumed upon 
himself to pay the Difficiencies 
due from the County of Mid- 
dlesex remaining in the hands 
of Moses Rolfe late Collector 
of said County the 
of 

and that part of the 
Debts formerly Re- 
ported to be Diffident 
belonging to this Ac- 
count are Still out- 
standing in the fol- 
lowing Counties Viz' 
Essex 7 ,,12,, 5 
Somerset 1 18 7 

9 ,,11,,- 



sum 

184 ,,5,,- 



By order of the Committee 
Ro HUNTER MORRIS 
Jos. COOPER 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 75 



The said Committee do further Agree that Robert Hunter 
Morris Esq r from the said Committee do make the following 
Report to the House contained in the following Account 

D r John Allen Treasurer of the Western Division C r 
to the Province of New Jersey 



Support of Government 



To Sundry Arrearages 
in the following Coun- 
ties as y e same was 
Reported in 1733 
Hunterdon ,, 12 
Burlington 29 ,, 19 1 
Salem 5 ,, 2 ,, 

Cape May 4 ,, 6 



To the ballance remain- 
ing in his hands at last 

Settlement 170,,18,,8J 

To the Quotas of the 

Western Counties as 

by Law directed for 

1733 1734 & 1735 

Hunterdon 

74 ,, ,, 6 $ 

annum.. ..222,, 1,,6 
Burlington 
123 7 6 

$do 370,, 2, ,6 

Gloucester 

85 ,,15,, 257,, 5,,- 
Salem 

144,, 2,, 432,, 6,,- 
Cape May 

31,, 4,, 6 93 ,,13 ,,6 

1375,, 8,, 6 



By a Deficiency 
at last Settle- 
ment in the 
County of 
Burlington 
Still unpaid.. 29 

By a Deficiency 
since said Set- 
tlement in 
said County 
of Burling- 
ton 



19,, 1 



6., 7 



30,,5,,8 



Interest money paid from the Loan Offices. 



To Interest money re- 
maining in his hands 
at last Settlem* as fi 
Report in 1733 ap- 
pears 

To Sundry Defficiencies 
at said time in the fol- 
lowing Counties viz* 



By Sundry Defici- 
encies still unpaid 
by several Conn* 
ties Viz* 

Hunterdou 20,,!,, 2 
Burlington l,.l,, % 
Salem ,,4,, 6% 

Cape May ,,4,, ',% 



37 ,,11 ,,43- 



76 



NEW JERSEY COLONIAL DOCUMENTS. [1738-9 



Huuterdon 
Burlington 
Gloucester 
Salem 
Cape May 



4,, 
4,, 



7% 
7% 



5,, 



To Interest money pay a 
from the Western 
Counties in 1733 
1734 ,. 1735 1736 
for the first 40,000 
10 
9 

4% 
6% 



Hunterdon 38 , 

Burlington 53 , 

Gloucester 36 , 

Salem 68 

Cape May 7 



203,,13,,2i 



To the Interest money 
Payable from the 
Western Counties for 
the 20,000 in 1734,, 
1735 1736 1737 
1738 

Hunterdon 

Burlington 

Gloucester 



Salem 
Cape May 



330 , 
560, ,10, 
386 15 , 
654, ,10, 
138 



-. 2069 15 



To Interest money pay a 
from y e Western 
Counties for y e last 
40,000 

Hunterdon 

Burlington 

Gloucester 

Salem 



Cape May 



128,.,, 
218 10 
150 10 
255,, 4,,- 
53,, 8,, 



805 ,,12,,- 



To a Warrant for 
weights & measures 
now Endorsed and 
forthw ch he has Credit 
in this Account but 
upon Inquiry is found 
to have been Charged 
& allowed for in the 
year 1727 24,,18,,l 



6093,,12,,7f 



By Sundry War- 
rants, Certificates, 
Receipts and other 
Vouchers, pro- 
duced and En- 
dorsed by the Com- 
mittee as being ac- 
counted for 
amount? in the 
whole 4808 ,,15 ,,6 



Ballance due 1217,, ,,1 



6093,,12,,7J 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 77 

It also appears to the 

said Committee by the B Q r(Jer of the Committee 

Keport at the last Set- _. TT ,.- 

dement that there re- R : HUNTER MORRIS 

main'd then in said JOSEPH COOPER 

Treasurers hands part 
of the 4000, the Sum 
of 458,, 9,, 6 and that 
said Sum is Still in his 
hands 458,, 9,,6 

The Committee further Agrees that Robert Hunter Morris 
Esq r from the said Committee do make the following Report 
to the House 

The Committee proceeded with 
the Utmost Care and Caution to 
Examine the Treasurers accounts 
relating to the forty Thousand 
Pounds Emitted in the year 1724, 
and having also Examined the 
Several Bundles of Cancelled Bills 
laid before us by the two Treas- 
urers Do beg leave to make the 
following Report 



That there should 

. have been Cancell- 
ed in the Several 
Counties in the 
Eastern Division 
since the year 1730 
the Sum of. 9477 11 5| 

That there was out- 
standing in the 
Eastern Division at 
the time of the Set- 
tlement in 1730 75,, 3,,8| 



That Michael 
K e a r n y late 
Treasurer &c 
laid before this 
Committee 12 
Bundles of Can- 
celled Bills 
which he re- 
ceived from the 
Loan officers of 
several Counties 
since the year 
1730 which were 
Examined & 
Burnt amount- 
ingto 3168 ,,11 ,,7 



78 



NEW JERSEY COLONIAL DOCUMENTS. [1738-9 




9552,,15,,1U 



That A n d r e w 
Johnston pres- 
ent Treasurer 
of the Eastern 
Division laid 
before the Com- 
mittee 26 Bun- 
dles of Cancelled 
Bills received 
by him of the 
Loan officers of 
the several 
Counties which 
were Examined 
and Burnt 
amount? to. 

That there is a 
Ballance due 
from the East- 
ern Division 
amounting to.... 



5875,, -J.,3 



509,, l.,3H 
9552,,15,,1|1 



which said Sum of 509 ,,1 ,,3} i 
is Still outstanding in the follow- 
ing Counties Viz' 

Bergen 6,, 2,, 9ff 

Middlesex... 29,, 8,,llff 

Essex 22,, 10,, 7f 

Somerset ....450,, 18 5f 
Monraouth... 5| 

509,, 1,, 31 J 

By Order of the Committee 

ROBERT HUNTER MORRIS 
JOSEPH COOPER 

M r Smith reported that he had obeyed the order of this 
House 

M r Provoost reported that M r Lyell, and himself had 
obeyed the order of House 

The Bill entitled an Act for the Support of His Majestys 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 79 

Province of New Jersey for three years, to commence the 23 d 
day of September 1738 and to end the 23 d day of September 
1741, was read a third time and the Question being put 

Resolved That the said Bill do pass 

Ordered That M r Rodman do acquaint the House of 
Assembly therewith as also that this House have now no 
Buisness before them 

M r Rodman reported that he had obeyed the said order 

His Excellency came to the Council Chamber and having 
by the Clerk of the Council commanded the Attendance of 
the House of Assembly, and they being come He was pleased 
to give his Assent to the following Bills Viz' 

An Act for the Support of his Majestys Province of New 
Jersey for three years to commence the 23 d day of September 
1738 and to end the 23 d day of September 1741. 

An Act to Continue an Act entitled an Act for setliug the 
Militia of the Province of New Jersey 

An Act for Building a Court House and Goal in the 
County of Somerset 

An Act to restrain extravagant and excessive Interest 

An Act for Erecting the upper Parts of the County of 
Hunterdon into a County. 

An Act for Naturalizing Peter Tranberg and others 

An Act continuing an Act entitled an Act for the more 
Speedy Recovery of Legacies that have or may be given in 
this Province and for affirming such Acts of Administrators, 
bona fide, done before Notice of a Will 

An Act for the Trial and Punishment of Persons guilty of 
Larceny under the value of Twenty Shillings 

An Act for Regulating Taverns, Ordinaries, Inn-Keepers 
and Retailers of Strong Liquors 

After which His Excellency made the following Speech 

Gentlemen 

I should have been very glad, if this first Session of the 
General Assembly of New Jersey, under a Separate Gover- 
nour, had been answered the great Hopes entertained by the 



80 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

Inhabitants on their Meeting, and the General Expectation 
of the Neighbouring Provinces of the Result of their Con- 
sultations, What has been the Issue of them, our Enemies 
will tell with Exultation and our Friends with Blushing and 
Reluctance hear It must be own'd the Governour neither 
directly nor indirectly meddled with their Elections being 
out of the Province at that time, to avoid giving any room 
for the least umbrage of Suspicion on that head It is also 
known to all that this has been the longest Uninterrupted 
Session, and most Expensive to the Publick, that ever was 
known in Jersey : but alas ; what Laws has it produced for 
the Benefit of the Inhabitants or advantage of the Crown 
worthy of the Expence of Time and money that has been 
employed about them, which might by a Number of men 
Suitably disposed, and Solicitous for the Publick good have 
been done in a week, or a fortnight at most, as you too well 
Know what has been the Reason of those so wonderfully 
Slow and Expensive Proceedings to so little purpose, so in 
Justice to your Country, as well as yourselves, they ought to 
be made Publick ; that such among you who made it their 
Business to obstrifbt and defeat the Endeavours for the 
General Good may not have a Second oppertunity of doing 
the like ; or, if rechosen, that the Blame may be Justly 
Transferred to their Constituents ; who then will be supposed 
to approve of their past Conduct, and to elect them a Second 
Time, to give them an oppertunity of persisting in it (if 
possible) with greater Assurance ; but, untill I see [it] done, 
I shall hardly believe them Capable of being Infatuated to 
so great a Degree, because if I am not very much misin- 
formed, the generality of the Inhabitants highly disapprove 
of the Conduct of some of their Representatives ; and have 
more than once, Sent Messages to them (tho' without effect) 
to let them Know it 

The Extraordinary Slow and delatory Proceedings on the 
Bill for the Support of the Government, was matter of 
Admiration to all Men of Honour and Sincerity, who 
heartily wish'd well to the present Separation and Prosperity 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 81 

of this Province ; and many of you very well Know, by w' 
Vile Crafts, and unbecoming Arts the Ignorant Dupes to the 
Enemies of it, have been wrought upon to obstruct it, I wish 
I could not say, with too much Success 

On this occasion, I ought not, nay, I cannot omit giving 
my thanks to those worthy Gentlemen in your House deserv- 
edly to be Esteemed and Stiled, the friends of the Govern- 
ment, by whose constant Application, Diligence, & unwearied 
Endeavours, the application of the money heretofore raised 
for the Support of the Government, has been brought the 
length it is now Carried, against so many Efforts and Secret 
Insincere attempts to defeat it. I wish I could with any 
truth say, it is so ample, as from the Publick Promises and 
address made to His Majesty, and the Circumstances of the 
Province, was reasonably expected or the Nature of things 
required The Provision for the officers of the Government 
being too Scanty for the Services required ; some Necessary 
officer's wholly Neglected, and no Provision made for Inci- 
dental Charges, that upon many occasions & Emergencies 
will be Necessary to be Expended ; and without which no 
Government can be maintained and Supported ; but, it being 
the Greatest application the friends of the Government and 
their Country (as is said) were able to procure at this Junc- 
ture, when no means were left unessayed to render their 
honest Endeav" tottally ineffectuall, lest therefore their 
opposers should Triumph in being Successfully Mischievous 
in doing so, I gratefully accept of what is done ; not as being 
Sufficient, but as an Earnest of what ought to be and what I 
hope will be done, when the Enemies of our happy Consti- 
tution, and present Settlem' have it less in their Power, and 
(if Possible) less in their Inclinations, to Succeed in attempts 
against it ; and the friends of it more knowledge and Stabil- 
ity, than to be Influenced by them 

And here I must not decline expressing my great concern, 
for the Difference lately arisen between the two Branches of 
the Legislature the Council and Assembly ; not about the 

6 



82 NEW JERSEY COLONIAL DOCUMENTS. [1738-9 

amendment of a money Bill the donation of which first arose 
in the Assembly, and which by the King's Letters Pattent 
(the only thing that Establishes the Constitution of Govern- 
ment here, and gives the Power of making Laws of any 
kind) the Council think themselves entitled to amend if there 
be occasion ; as much as to amend, or propose any other 
Bill ; but, about a Conference desired by the Council, upon 
the Subject Matter of a Bill made for the application of 
money already raised and paid into the Treasury ; and, by 
the Acts that raise it (which have had the Royal Assent) 
appointed to be disposed of to and for the Support of Gov- 
ern m* in such sort, manner and form, as by the Govemour, 
Council and General Assembly shall be directed. This matter 
you not only refused to Conferr upon but, (notwithstanding 
that by those Acts an equal Power with your selves was 
given to the Council, to Direct in the Disposition of that 
money) you wholly Excluded them from any Directions in 
that matter, declaring it to be your opinion that it cou'd 
neither be for the Interest of the Province nor Consistant 
with the Privilidges of your House, to admit (mind and 
Remember the \*ord) of any alteration to be made therein : 
That is, in other words, you by the Plenitude of a Power 
you thought fit to assume to yo r selves with an unconquera- 
ble and unalterable Resolution to adhere to it will not admit 
the Council to do, what by the Laws now in force with 
Relation to that matter, they are as much impowered to do 
as yourselves 

I shall be very Sorry for their sakes, as well as the Pub- 
lick, if any of the friends of the Government, and present 
Settlement (of whose hearty Endeavours for the Publick 
Service I had conceived so favourable an opinion) have by too 
great Zeal for Imaginary Priviledges, destitute of Law or 
Reason to Support them and inconsistent with the Constitu- 
tion, been unwarily led into a Declaration and Practice, of so 
Dangerous a Tendency and without any Example (that I 
know of) to support it but a very bad one 

How pleased should I have been, if this unaccountable 



1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 83 

Difference, so big with Dangerous Consequences to the 
Publick Safety, and well being of this Province, had not at 
this time happened ; but since it has the Duty of my Station 
obliges me to lay this whole affair before His Majesty, who 
can best Judge of this matter and how agreeable the Conduct 
of the Present Assembly has been to the Publick Addresses 
made to him ; and to what might, on this occasion have been 
Expected from them, in Return for the favour of a Separate 
Governour granted them ; as the People will [see ?] how well 
they have used the great Time and oppertunity given them (at 
so great a Charge to the Publick) of being serviceable to their 
country ; which I should have been glad, I could, with Truth 
say, had been employed so much for the advantage of the 
Inhabitants of this Province, as ought to have been done on 
this occasion ; or, as might have been done at a much less 
Expence of time and money by men better agreeing among 
themselves 

It has been long since observed by a very Learned man 
that Parliments do not Succeed well in five Cases; which 
observation repeated Experience has Confirmed to be true, 
to omitt the rest the third of these Cases, is, when there is 
no good Correspondence between the Lords and Commons : 
The fourth when there is no Unity and good agreement 
between the Commons themselves. 

It may be admitted to compare small things with great, it 
is but too Evident, that there is far from a good Correspond- 
ence at present between the Council and Assembly ; or any 
liklyhood of there ever being so while the Assembly consists 
of the same Members it doth at this Time Their differ- 
ence being upon a point so Essential to the Constitution of 
this Government, that the Council cannot consistent with 
their duties give up ; and unless the time of this long and 
Expensive Sessions, has been Consum'd in acting a grave 
Farce, in order to Convince me, with how great Difficulty 
an Assembly is to be prevailed upon, to raise any Support 
for the Government, or, even to Consent to the application of 
it to that purpose tho' formerly rais'd for that end, and now 



84 NEW JERSEY COLONIAL DOCUMENTS. [1739 

in the Treasury : it is but too Notorious, that during the sit- 
ting of this Assembly there has been no Unity and good 
agreement among themselves, nor doth there appear any likly- 
hood of there being any such agreement as there ought to be, 
for the future, or, that a Second Session of the same Men will 
prove more advantageous to the Publick, than this first very 
long one has done 

I do therefore, by Virtue of the Powers and Authorities 
given unto me by His Majesty, by his Letters Patent under 
the great Seal of Great Britain Dissolve this present General 
Assembly and they are accordingly dissolved 

LEWIS MORRIS 



At a Council held at Perth Am boy the 17 th day of August 

1739. 1 

Present 

His Excellency Lewis Morris Esq r President 

John Hamilton ^ 

James Alexander 
Cornelius Van Home }> Esq 
Robert Hunter Morris j 
Fenwick Lyell J 

His Excellency laid before this Board sundry Letters from 
England on His Majesty's Service which he this day received 
by an Express from the Lieut' Governor of New York Viz :, 

one to the Governor of Pensilvania, one to the Hon ble 

Penn Esq r one to the Governor of Maryland, Two to Wil- 
liam Gooch Esq r Governor of Virginia, and one to S r Yel- 
verton Payton Commander of the Hector ; His Excellency 
then requested the Opinion of this Board whether He should 
hire an Express to carry them to the Governor of Pensilva- 
nia ; It was the Opinion of this Board that such Express be 

1 The ensuing minutes to August 8th, 1740, are of the Council as the Governor's 
Privy Council, and as a Court of Errors. Then follows the Journal of the Council 
as a branch of the General Assembly. This is the manner in which the records 
were transmitted to England. 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 85 

Hired forthwith for that purpose and that the Charge thereof 
be paid by the Treasurer. 

His Excellency laid also before this Board a Letter he had 
receiv'd this day by the aforesaid Express from New York 
from His Majesty's Principal Secretary of State in the fol- 
lowing Words Viz' 

Whitehall June 15 th 1739 
Sir 

As it was stipulated by the Convention concluded between 
His Majesty and the King of Spain on the 14 th of January 
last N. S. that the Sum of Ninety five thousand pounds Ster- 
ling should be paid at London within the Term of Four 
months to be reckoned from the day of the Exchange of the 
Ratifications of the said Convention as a Ballance due on the 
part of Spain to the Crown and Subjects of Great Britain, 
and as the said Term of four months from the Exchange of 
the Ratifications of the Convention, did Expire on the 25 th 
day of May last, and the payment of the said Sum of Ninety 
five thousand pounds Sterling Agreed by the said Convention 
has not been made according to the Stipulation for that pur- 
pose 1 by which means the Convention above mentioned has 
been manifestly violated and broke, and his Majestys Sub- 
jects remain without any satisfaction or Reparation for the 
many great and grievous losses sustained by them His Majesty 

1 Spain had been harassed by contraband trade between Jamaica and the Spanish 
colonies, and to break it up her guarda costas had often seized and confiscated ves- 
sels engaged in illicit trade, or with illicit goods on board. The British traders 
made violent complaints against these seizures, which they termed illegal and un- 
just. Spain and England also had a long-standing dispute over the title to Florida, 
Georgia and part of South Carolina. Moreover, the South Sea Company claimed 
heavy damages from Spain for seizures of their effects between 1718 and 1727. 
After much negotiation the convention of January 14th, 1739 (N. S.), was signed, 
whereby Spain agreed to pay 95,000 in full of all demands, but the Spanish Minis- 
ter signed it only after declaring that it should not be binding upon his King unless 
Spain was paid 68,000 due for depredations by the South Sea Company. British 
public sentiment was against this, and it was not paid. Moreover, the British 
indignantly denied the right of search asserted by Spain, and also demanded that 
she relinquish her claims to Georgia and Carolina. Sir Robert Walpole used all his 
prodigious influence and consummate address to accommodate the existing differ- 
ences peaceably, but the Duke of Newcastle and the opposition, as well as the King 
himself, were all eager for war, and carried the day, war with Spain being declared 
October 19th, 1739. Memoirs of Sir Robert Walpole, by William Coxe, London, 1798, L, 
Chapters 52 and 53 ; III., 513 et seqq. 



86 NEW JERSEY COLONIAL DOCUMENTS. [1739 

has thought himself Obliged to take such Measures on his 
part as are necessary for the Support of the Honour and 
Dignity of his Crown, the Security of the just rights of His 
Subjects, and the GooYl and safety of His Dominions, and 
has therefore Ordered the Ships and Effects of the King of 
Spain and His Subjects to be Seized and taken wherever they 
shall be met with ; with which I am Commanded to acquaint 
you that you may cause the same to be made known in all 
Places under Your Government to the end that His Majesty's 
Subjects in those parts may be upon their Guard, to prevent 
any mischief they might otherwise suffer from the Spaniards 
in Revenge for the measures which His Majesty is obliged tu 
take to do Himself and His Subjects justice; and that they 
may in their several Stations annoy the Subjects of Spain in 
the best manner they are able. And I send you herewith by 
the Kings Order His Majesty's Warrant under His Royal 
Sign Manual authorizing and Empowering you to Grant 
Commissions of Marque and reprisal for arming and fitting 
out private Ships of War against the Ships Goods and Sub- 
jects of the King of Spain. And it is His Majesty's Pleas- 
ure that you should be very Rigorous and severe in preventing 
any Ammunition or Stores of any kind from being carried 
to the Spaniards, And you are to use all proper methods that 
may be most Effectual for this purpose 

I am Sir 
Your most obedient Humble Servant 

HOLLIS NEWCASTLE 

His Excellency laid also before this Board His Majesty's 
Warrant mentioned in the above Letter in the following 
words Viz : 

George R. 

Trusty and well beloved We Greet you well. Whereas 
Several unjust Seizures have been made and Depredations 
carried on in the West Indies by Spanish Garda Costas and 
Ships acting under the Commission of the King of Spain, or 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 87 

His Governors contrary to the Treaties Subsisting between 
us and the Crown of Spain, and to the Law of Nations, to 
the great prejudice of the lawfull Trade and Commerce of 
Our Subjects ; and many Cruelties and 'Barbarities have been 
Exercised on the Persons of Such of our Subjects whose 
Vessels have been so Seized by the Spanish Garda Costas ; 
And whereas frequent Complaint has been made to the Court 
of Spain of these unjust practices and no Satisfaction nor 
Redress been procured ; And Whereas a Convention for 
making reparation to our Subjects for the Losses Sustained 
by them, on account of the unjust Seizures and Captures 
above mentioned was concluded between us and the King of 
Spain on the 14 th day of January last N. 8., by which Con- 
vention it was stipulated that a certain Sum of money should 
be paid at London within a Term specified in the said Con- 
vention as a Ballance due on the part of Spain to the Crown 
and Subjects of Great Britain ; which Term did Expire on 
the twenty fifth day of May last, and the payment of the 
said Sum agreed by the said Convention has not been made 
according to the Stipulation for that purpose by which means 
the Convention above mentioned has been manifestly violated 
and broke by the King of Spain and Our Subjects remain 
without any Satisfaction or reparation for the many great 
and grievous Losses sustained by them ; We have thought fit 
for the vindicating the Honour of Our Crown and for pro- 
curing reparation and Satisfaction for our injured Subjects to 
Order Reprisals to be made upon the Crown and Subjects of 
Spain. And we do therefore by Virtue of these Presents 
Authorize and Empower You to Issue forth and Grant Com- 
missions of Marque and Reprisal to any of our loving Sub- 
jects or others who shall apply to you for the Same and 
whom you shall deem fitly qualified in that behalf, for arm- 
ing and fitting out private Ships of War for the Apprehend- 
ing Seizing and taking the Ships Vessels and Goods belonging 
to the King of Spain His Vassals and Subjects or any 
inhabiting within His Countries Territories & Dominions in 
the West Indies. Provided always that before any such 



88 NEW JERSEY COLONIAL DOCUMENTS. [1739 

Commission or Commissions be Issued forth Security be 
given upon every such Commission as hath been used in such 
Cases. And you shall incert in every Commission to be so 
Granted by you all such Clauses, and give such directions, 
and Instructions to the Person or Persons to whom you shall 
Grant such Commission, as have been usual in Cases of the 
like nature. And for so doing this shall be your Warrant, 1 
and so We bid you farewell. Given at our Court at Kensing- 
ton the fifteenth day of June 1739 in the thirteenth Year of 
our Reign 

By His Majesty's Command 

HOLLIS NEWCASTLE 

(Directed) To Our Trusty and Well beloved Lewis Morris 
Esq r Our Captain General and Governor in Chief of our 
Province of Nova Caesarea, or New Jersey in America, and 
in His absence to our Commander in Chief, or to the 
President of Our Council of our said Province for the time 
being. New Jersey. 

It is the Opinion of this Board that His Excellency do 
Issue a Proclamation Notifying the Substance of the said 
Letter and Warrant and forbiding all His Majesty's Subjects 
of this Province to carry any Ammunition or Stores of any 
Kind to the Spaniards 

And the said Proclamation follows in these words Viz* 

By His Excellency Lewis Morris Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of Nova Csesarea or New Jersey and the Territories thereon 
depending in America, and Vice Admiral in the Same &c. 

A Proclamation 

Whereas several unjust Seizures have been made & Depre- 
dations carried on in the West Indies by Spanish Garda 

The declaration of war, setting forth the grounds upon which it was based, 
as above, was drafted by the Duke of Newcastle, and was ably criticised by Horace 
Walpole. Memoirs of Sir Robert Walpole, ut supra, III., 546-9. 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 89 

Costas and Ships acting under the Commission of the King 
of Spain or his Governors contrary to the Treaties subsisting 
between his Majesty and the Crown of Spain and contrary 
to the Law of Nations to the great prejudice of the lawfull 
Trade and commerce of his Majestys Subjects, and many 
Cruelties and Barbarities have been exercised on the Persons 
of Such of His Majesty's Subjects whose Vessels have been 
so seized by the said Spanish Garda Costas. And whereas 
frequent Complaint has been made to the Court of Spain of 
those unjust practices and no satisfaction or redress been 
procured ; And whereas a Convention for making reparation 
to His Majesty's Subjects for the losses Sustained by them on 
Account of the unjust Seizures and Captures above mentioned 
was Concluded between His majesty and the King of Spain 
on the 14 th day of January last N. S. by which Convention 
it was Stipulated that the Sum of Ninety five Thousand 
pounds Sterling should be paid at London within a Term 
specified in the said Convention as a Ballance due on the part 
of Spain to the Crown and Subjects of Great Britain which 
Term did Expire on the twenty fifth day of May last, and 
the payment of the said Sum agreed by the said Convention 
has not been made according to the Stipulation for that 
purpose, by which means the Convention above mentioned 
has been manifestly violated and broke by the King of Spain, 
and his Majesty's Subjects remain without any satisfaction 
or reparation for the many great and griveous Losses sus- 
tained by them ; His Majesty for these reasons has thought 
fit, for the Supporting and vindicating the Honour and 
Dignity of His Crown, for procuring reparation and Satis- 
faction for his injured Subjects, and for the Security of their 
just rights and the good and safety of His Dominions, to 
order Reprisals to be made upon the Crown and Subjects of 
Spain, and that the Ships and Effects of the King of Spain, 
and his Subjects be Seized and taken wherever they shall be 
met with ; To which end His Majesty has by his Warrant 
under His Royal Sign Manual Authorized and Empowered 
me to Grant Commissions of Marque and Reprisal to any of 



90 NEW JERSEY COLONIAL DOCUMENTS. [1739 

His loving Subjects or others who shall apply to me for the 
Same and whom I shall judge fitly qualified in that behalf 
for Arming and fitting out private Ships of War for the 
apprehending Seizing and taking the Ships Vessels and 
Goods belonging to the King of Spain, His Vassals and 
Subjects or any Inhabiting within His Countries Territories 
and Dominions in the West Indies. I Have therefore in 
obedience to His Majesty's Commands thought it necessary 
to Publish and make the Same Known to all His Majesty's 
Subjects under my Government, to the end that they may be 
upon their Guards Hereby in pursuance of the said Royal 
Commands Strictly forbidding all His Majesty's Subjects 
within this Province to carry any Ammunition or Stores of 
any Kind unto the Spaniards as they will answer the contrary 
at their utmost Peril Given under my Hand and Seal at 
Arms at the City of Perth Amboy in the Province of New 
Jersey this Seventeenth day of August in the Year of our 
Lord 1739 and in the thirteenth Year of his Majesty's reign 

LEWIS MORRIS 
God save the King 



At a Council Held at Perth Amboy the l at day of Sep- 
tember 1739. 

Present 
His Excellency Lewis Morris Esq r Governour & c 

John Hodman ^ 

Robert Hunter Morris V Esq 
Fenwick Lyell J 

His Excellency having represented to this Board the 
necessity of appointing proper Officers for Morris County in 
Order to prevent a failure of Justice The Board unanimously 
Recommended the following Persons, 



1739] 



JOURNAL OF GOVERNOR AND COUNCIL. 



91 



John Bud 
John Mott 
Abraham Kitchin 
John Lindsly Jun r 
Jacob Ford 



Timothy Tuttle -j 
Samuel Swisey > Quor : 
Judges Daniel Cooper J 
Ephraim Price 
John Orison 
Abraham Van Campen 
Isaac Vandine 



Justices 



Caleb Fairchild Coroner, Samuel Gouverner Clerk 



And His Excellency was pleased to Order the Secretary 
to make out Commissions accordingly 

It being represented to His Excellency by the Council that 
several of the Sherrifs of the Counties and Cities of this 
Province have neglected to give in the Security required for 
the due discharge of their Offices, It is thereupon Ordered 
by His Excellency with the advice of this Board that the 
Several Sherrifs of the Counties and Cities of this Province 
do enter into Recognizance to our Sovereign Lord the King 
in the Sum of Eight hundred pounds with two Sufficient 
Sureties being Freeholders of their respective Counties and 
Cities with Condition according to the Form hereafter Viz : 
The Condition of the above Recognizance is Such That if 
the above Bound A. B. Sherif of the County (or City) of M. 
shall and do in all things touching and pertaining to his said 
Office of Sherif for the County (or City) of M. well truly 
and faithfully Execute and perform the Same then the above 
Recognizance be so Void otherwise to remain in full force 
and Virtue. 

Ordered that any one of the Judges of the respective 
Counties or Mayors of Cities do require the Sherrifs of their 
Counties or Cities to enter before them into such Recogni- 
zance and Transmit the Same to the Secretaries Office of any 
one of the Divisions of this Province on or before the third 
Tuesday in October next and in case of refusal of any of the 
Sherrifs after being thereto duly required to enter into 
Recognizance as aforesaid then the said Judges or Mayors by 
Letter to acquaint the Secretary thereof on or before the time 
above mentioned that His Excellency and this Board may be 
informed thereof 



92 NEW JERSEY COLONIAL DOCUMENTS. [1739 

Ordered that the Clerk do Transmit to the Judges of the 
several Counties and Mayors of the several Cities Copies of 
the above Order. 

His Excellency laid before the Board several Petitions and 
Addresses to Him presented from several Persons which were 
Read and the Consideration thereof deferred till the next 
meeting of the Council, several of Members being Absent 
notwithstanding of their having been twice Summoned by 
Order of his Excellency to attend the Service of this Board 
and the said Petitions &c. were Ordered to remain with the 
Clerk till that time. 

His Excellency Signed the following Warrants for one 
Quarters Sallary to the following Persons Commencing the 
23 d of March last and ending the 23 d June 1739. 

N40.. His Excellency 250,,,, 

41.. Robert Hunter Morris Esq r Chief 

Justice 37 ,,10,,- 

42.. Joseph Bonnel Esq r Second Judge 10,, 

43.. Joseph Warrel Esq r Attorney General.. 10 
44.. Archibal4 Home Esq r Clerk of the 

Council 7 10,, 

45.. Andrew Johnston Esq r Treasurer of 

the Eastern Division 10,, 

46.. John Allen Esq r Treasurer of the 

Western Division 10,, 

47.. James Hooper Esq r Clerk of the 

Circuits 5 

48.. John White Door Keeper of the 

Council 2,, 10,, 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 93 

At a Council Held at Perth Amboy the 23 d day of 
November 1739 

Present 
His Excellency Lewis Morris Esq r Gov r &c. 

John Hamilton ~v 

Robert Hunter Morris > Esq 
Fenwick Lyell J 

The Clerk Reported that he had received the Recognizances 
of the following Sherrifs Viz* 

James Hooper Sherrif of Perth Amboy City 
The Same, Sherrif of New Brunswick City 
The Same, Sherrif of Middlesex County 
James Stevenson Sherrif of Monmouth County 
William Chetwood Sherrif of Essex County 
Oliver Schuyler Sherrif of Bergen County 
Thomas Hunloke Sherrif of Burlington County 
The Same, Sherrif of Burlington City 
Samuel Harrison Sherrif of Gloucester County 
Ordered that the s d Recognizances be filed in the Secretarys 
Office 

His Excellency with the Advice of this Board was pleased 
to Order a Patent to be made out appointing Charles ONeilP 
Clerk of the Peace and Clerk of the Court of Common Pleas 
for the County of Salem during his good behaviour in the 
Room of William Cosby who hadN resigned His Patent for 
said Office in favour of the said ONeill which Patent to M r 
Cosby was during good behaviour with power to appoint a 
Deputy. 

M r Morris desires his Dissent may be Entered to the above 
Advice, because he is unacquainted with the Said Charles 
ONeill, and therefore oannot recommend him to an Office of 
Trust. 

His Excellency Signed Warrants for a Quarters SalJary to 

^his is the earliest appearance of so Celtic a name in these Archives. O'Neill 
held the office until 1748. History of the Counties of Gloucester, Salem and Cumberland, 
Philadelphia, 1883, p. 323. 



94 NEW JERSEY COLONIAL DOCUMENTS. [1739 

the following Persons Commenceing the 23 d day of June and 
Ending the 23 d day of September last Viz* 

N49. His Excellency 250,, ,,- 

50. Robert Hunter Morris Esq r Chief Jus- 

tice 37 10 

51. Joseph Bonnel Esq r Second Judge 10 

52. Joseph "Warrell Esq r Attorney General 10 

53. Archibald Home Esq r Clerk of the 

Council 7 10,, 

54. Andrew Johnston Esq r Treasurer of 

the Eastern Division 10,, 

N 55. John Allen Esq r Treasurer of the 

Western Division 10,, 

56. James Hooper Esq r Clerk of the Cir- 

cuits 5 

57. Admin x of John White late Door- 

keeper of the Council 2 10 

58. Andrew Johnston for the Use of Rich- 

ard Partridge Agent for the Pro- 
vince a Half Years Sallary Com- 
mencing the 23 d day of March & 
Ending the 23 d of September last.. . . 40 - 

59. His Excellency for a Years Rent of a 

House Commencing Sept r 23 d 1738 

and ending Sep r 23 d last...., 60,, ,, 



At a Council Held at Perth Amboy the 24 th day of No- 
vember 1739 

Present 
His Excellency Lewis Morris Esq r Governor &c. 

John Hamilton "1 

Robert Hunter Morris > Esq re 
Fenwick Lyell ) 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 95 

This Board taking into Consideration the recommendation 
of Persons proper to be appointed to the several Civil and 
Military Commissions for this Province do find the necessity 
of the attendance of the Members of -Council (several of 
whom have not appeared tho thrice thereunto Summoned) 
Do unanimously request his Excellency that he will be 
pleased to Direct that the absent Members be Summoned per- 
emptorily to attend. 

Ordered that the Secretary do write to the Several absent 
members and acquaint them that all Excuses set aside His 
Excellency requires their attendance at Perth Amboy on 
Friday the thirtieth of this Instant November and that in 
case they neglect to attend on that day, He shall think him- 
self obliged to lay an account thereof before His Majesty, 
They having been before this three times successively sum- 
moned and did not appear. 

At a Council Held at Perth Amboy the 1 st day of Decem- 
ber 1739 

Present 
His Excellency Lewis Morris Esq r Gov r &c. 

John Hamilton ^ John Schuyler ^ 

John Reading ! rs John Rodman 

William Provoost j ***" Robert Hunter Morris j Es( l r8 

Cornelius Van Home J Fenwick Lyell J 

His Excellency laid before the Board a Letter of the 5 th 
July last from the Lords of Trade inclosing Copies of 
addresses to His Majesty from both Houses of Parliament 
concerning the Paper Currency or Bills of Credit of the 
several British Collonies in America and requiring His 
Excellency forthwith to prepare and Transmit with all possi- 
ble Speed the Several accounts mentioned in the Said 
addresses. 

Ordered that the above Letter &c. be Referred to a 
Committee of this Board to consider of the several accounts 



96 NEW JERSEY COLONIAL DOCUMENTS. [1739 

therein required and to make a Report of the same to be 
Transmitted to the Lords of Trade with all possible Speed. 

Ordered that M r Hamilton M r Morris and M r Lyell be a 
Committee for that purpose and they have power to send for 
Persons Papers and Records 

His Excellency was pleased to ask the Opinion of the 
Council whether they thought it necessary that he should 
meet the General Assembly of this Province on the day to 
which it now stands prorogued Viz* the 7 th Dec r instant or 
that he should further prorogue the Same and to what time, 
On which the Council unanimously advised His Excellency 
that he should continue to Prorogue the General Assembly 
of this Province by short prorigations to some time in the 
first week of April next, before which time they do not 
apprehend there is any necessity of meeting Them. 

The Council Recommended to His Excellency the follow- 
ing Persons to be by Him Appointed to the Commissions of 
Pleas and Peace for the following Counties 

Cape May 

Jacob Spicer * ") 

Humphrey Hughs 

r v J \ Judges of the Pleas and 

Henry Young 

TTT-ii- o ?! Justices of the Quorum 

William Smith 

Robert Townsend J 

Henry Stites 'j 

Richard Stites V Justices of the Quorum 

Ebenezer Swain 

Joseph Ludlam Jun r ^ 

William Smith Jun r \ Justices 

Nathaniel Foster 

Elijah Hughs Clerk 

Constant Hughs Sherrif 

John Stites. ... ... Coroner 






1739] 



JOURNAL OF GOVERNOR AND COUNCIL. 



97 



Salem 






Benjamin Actor 
Josiah Fithian 
John Pledger 
Richard Smith 
Clement Hall 
Joseph Reeves 
John Brick 
William Hancock 
John Ogden 
Thomas Miles 
Isaac Sharpe 
Lewis Morris 
Johnathon Fithian 
Job Shepherd 
David Davis 
Richard Word 
Moses Shepherd 
John Peterson 
Samuel Barnes 
Renier Vanhuise 



1 Judges of the Pleas and 
Justices of the Quorum 



Justices of the Quorum 



} Justices of the Peace 



Gloucester 



That a Supersedeas do Issue to remove William Harrison 
from the Commission of the Peace and Pleas, and in his 
room in the Com n of the Peace John Ladd Jun r 



Burlington 



Isaac De Cow 
Jacob Heulings 
Hugh Sharpe 
Richard Smith Jun r 
William Cook 



! Judges of the Pleas & 
Justices of the Quorum 



98 



NEW JERSEY COLONIAL DOCUMENTS. 



[1739 



Robert Pearson 
Thomas Shinii 
William Morris 
John Hollinshead 
Johnathon Wright 
Revel Elton 
Joseph Borden 
Richard Wright 
Zebulon Guarit 
Thomas Newbold 
Robert Smith 
Samuel Wool man 
Jonas Farrow 
Robert Field 



Justices of the Quorum 



Justices 



Hunterdon 



William Morris 

Benjamin Smith 

John Dagworthy 

Isaac Herring 

Martin Ryersfln 

Andrew Smith 

Theophilus Philips 

Jasper Smith 

Abraham Van Home 

John Vansickland 

John Stevenson 

Thomas Cadwallader 

William Atly 

Daniel Doughty 

William Mott 

John Garison 

Peter Praule 

Philip Ringo 

Ralph Hunt of Stony brook 

John Philips 



Judges of the Pleas & 
f Justices of the Quorum 






) Justices of the Quorum 



> Justices of the Peace 



1739] 



JOURNAL OF GOVERNOR AND COUNCIL. 



99 



Morris County 

Solomon Davis of the Quorum 
Abraham Vanaker to be added 



Somerset 



Thomas Leonard 
John Corle 

John Van Midleswarth 
Paul Miller 
Gizebert Lane 
Daniel Griggs 
Zebulon Stout 
John Ayers 
John Berrien 
Joseph Hegeman 
George Rapelier 
Jacob Vandeaveer 
John Broughton 
Jacob Janeway 
Henry Slone 



James Hude 
Samuel Leonard 
Edward Antill 
Robert Hude 
Henry Freeman 
Ezekiel Bloomfield 
John Heard 
Jeremiah Field 
'Dalius Hegeman 
Benjamin Hull 
Richard Cutter 
James Thomson 
Stephen Warne 

1 Dallins, Dolins, Boilings..? 



1 

! Judges of the Pleas & 
f Justices of the Quorum 

j 
1 

} Justices of the Quorum 
j 



> Justices of the Peace 



Middlesex 



Judges of the Pleas & 
Justices of the Quorum 



Justices of the Quorum 



J. Archives, VI., 455, 465 ; VII., f4, 206, 458. 



100 



NEW JERSEY COLONIAL DOCUMENTS. 



[1739 



William Tinall 
Johnathon Dennis 
John Webb 
Benjamin Doughty 
Ebenezer Saltar 
Samuel Nevill 
James Smith 



> Justices of Peace 



Essex 



Johnathon Crane 

Andrew Joline 

Samuel Farrand 

Matthias Hatfield 

Thomas Price 

Samuel Harrison 

Stephen Brown 

John Rolph 

Joseph Man 

John Ogden Jun r 

Eliphelet Johnson Jun: 

John King 

Samuel Clark 

Noadiah Potter 

John Blanchard 

John Crane 

John Ludlow 

Thomas Clark 

George Freeland 

Stephen Van Courtland Jun r 

George Emott 

John Halstead 



! Judges of the Pleas ami 
f Justices of the Quorum 



Justices of the Quorum 



- Justices of Peace 



1739] 



JOURNAL OF GOVERNOR AND COUNCIL. 



101 



Bergen 



Judges of the Pleas & 
Justices of the Quorum 



Justices of the Quorum 



William Provoost 
Isaac Vangiese 
Henry Vandelinda 
David Demarest 
Paulus Vanderbeek 
James Duncan 
Archibald Kennedy 
Ryer Ryerson 
Roelif Vanhoute 
Derick Kuyper 
David Abramse Akerman 
Benj: Demarest 
David Provoost 
.Lawrence Vanbuskirk 
John Berry 
William Kurtland 
Garret Hornbeck 
John Vanhorn 
Peter Post 

George Reyerson Jun r 
Jacobus Bartolf 
Peter Marselius 
Johannes Post 
John Berdan Jun r 



Ordered by His Excellency that the Secretary do make 
out Commissions of the Peace and Pleas according to the 
foregoing Lists 

M r Schuyler having several times by Letter requested His 
Excellency to Dismiss him from the Council Board in regard 
that his affairs at Home will not admit of His attendance in 
Council when thereunto Summoned now moved that His 
Excellency would be pleased to dismiss him accordingly, 
which His Excellency being very unwilling to do was pleased 
to ask the advice of the Council on that head. 



Justices of the Peace 



102 NEW JERSEY COLONIAL DOCUMENTS. [1739 

The Council having taken the Same into Consideration 
gave it as their Unanimous Advice that His Excellency 
should dismiss M r Schuyler from the Council Board the 
Causes by him urged for his said desire appearing to them 
highly reasonable. 

And His Excellency was pleased to Dismiss John Schuyler 
Esq r from this Board accordingly 

The underneath is a Copy of a Letter wrote by M r Schuy- 
ler to His Excellency on the above Subject 

New Barbados Neck Jan ry 21 st 1739 
May it please your Excellency 

I was just now Honoured with Your Commands by a 
Letter from the Secretary of this Province to require my 
attendance in Council on the 23 d Instant my indisposition at 
present renders it impossible to comply with your Excel- 
leny's Summons and it is with regret I cant possible attend 
his Majesty's Service in Council at the time you are pleased 
to require my attendance Some time since I earnestly re- 
quested your Excellency to interceed with His Majesty to 
dispence with mv Acting as a Councellor of this Province 
not from any unwillingness to serve to the utmost of my 
power the best of Kings, but the circumstances of my affairs 
are Such that it is impossible for me to attend the Service of 
His Majesty and the Country without Suffering incredible 
damage. 

When His Majesty was pleased to appoint me one of the 
Council of His Province of New Jersey I receiv'd the 
Honour with all the Gratitude becoming a Subject firmly 
attached to His Majesty and his illustrious House 

The Care of all my Fathers affairs being immediately 
intrusted to me in this Province the Vast number of Hands 
imployed in the Mines Stamping Mills and other things 
necessary for carrying on the works, 1 and the absolute neces- 
sity of my being continually on the Spot without which 
every thing must go to ruine makes me again renew my inter- 

1 The copper mines at Second River, opposite Belleville. 









1739] JOURNAL OF GOVERNOR AND COUNCIL. 103 

cession to your Excellency that you will use your Endeavours 
with his Majesty to appoint some Person capable to do His 
Majesty Service in my room and you will lay an indispensa- 
ble obligation on Sir Your Excellency's most dutifull and 
obedient Servant 1 

JOHN SCHUYLER 



At a Council Held at Perth Amboy the 4 th day of 
December 1739 

Present 
His Excellency Lewis Morris Esq r Governor & 

John Hamilton 

John Reading 

William Provoost 

Cornelius Van Home V Esq 

John Rodman 

Robert Hunter Morris 

Fenwick Lyell 

John Hamilton Esq r from the Committee to whom was 
referred the consideration of the Letter from the Lords of 
Trade Reported (as p r Copy herewith sent) which Report was 
approved of 

Ordered that the Secretary do prepare a Draught of an 
Ordinance Establishing Courts of Quarter Sessions and Com- 
mon Pleas in and for the County of Morris and that M r 
Hamilton M r Morris and M r Lyell do consider of and agree 
on the times proper for holding the said Courts. 

Peter Savery Sergeant at Arms laid before this Board an 
Account of Sundry Services by him done for the Government 
amounting to three pounds twelve Shillings which Account 
was approved of. 

The Council recommended to His Excellency the follow- 
ing Persons for Comm n> in the Militia of this Province 

1 See N. J. Archives, VI , 105. 



104 NEW JERSEY COLONIAL DOCUMENTS. [1739 

For Cape May and Salem Regiment 

Jacob Spieer Collonel 

Nicholas Gibbon Lieut. Collonel . 

Henry Young Major 

Gloucester & Burlington Regiment 
Peter Baynton Coll 
James Hinchman L l Coll 
Charles Read Major 

Middlesex 

Andrew Johnston Coll 
James Hude L 4 Coll 
Richard Cutter Major 

Monmouth 

John Throckmorton Coll 
John Reid L< Coll 
John Little Major 

Essex 

Josiah Ogden Coll 
Peter Bayard L l Coll 
John Low Major 

Bergen 

William Provoost Coll 
Isaac Van Guise 1 L' Coll 
Reyer Reyerson Major 

M r Reading and M r Van Horn are desired to inform 
themselves of the Persons proper to be appointed Military 
Officers in the Counties of Hunterdon Somerset and Morris 
and to Transmit their names to His Excellency with all 
convenient Speed in order to be laid before this Board at 
their next meeting. 

It is proposed by His Excellency and Unanimously agreed 

1 Van Giesen. 



1739] JOURNAL OF GOVERNOR AND COUNCIL. 105 

to by this Board That whereas the great distance of the 
Habitations of Several of the Members of this Board from 
His Excellencys Place of Residence renders it difficult for 
them to give the due attendance in Council when Summoned 
at a Short warning. They shall hereafter (besides all possible 
obedience to His Excellency's Summons as occasion Shall or 
may require) for the more certain dispatch of Business meet 
four times in the Year, Viz : on the last Tuesday in the 
months of March, June, September and December, at His 
Excellencys then place of Residence. And this Agreement 
shall be looked upon and Deemed by every Member of this 
Board as a good and sufficient Summons to meet in Council 
on the days before mentioned. The first Quarterly meeting 
to be on the last Tuesday in March next. 



At a Council* Held at Perth Amboy the 29 th day of 
December 1739 

Present 
His Excellency Lewis Morris Esq r Governor & c 

John Hamilton ^ 

Robert Hunter Morris >Esq r " 
Fenwick Lyell ) 

His Excellency Signed Warrants for a Quarters Sallary to 
the following Persons commencing the 23 d day of September 
last and ending the 23 d of December Instant 

N60. His Excellency 250,, ,, 

61. Robert Hunter Morris Esq r Chief Jus- 

tice 37,, 10,, 

62. Joseph Bonnel Esq r Second Judge 10 ,, 

63. Joseph Warrell Esq r Attorney General 10 

64. Archibald Home Esq r Clerk of the 

Council 7 10 

65. Andrew Johnston Esq r Treasurer of 

the Eastern Division 10,, 



106 NEW JERSEY COLONIAL, DOCUMENTS. [1739 

66. John Allen Esq r Treasurer of the 

Western Division 10 ,, 

67. James Hooper Esq r Clerk of the Cir- 

cuits 5 

68. Admin* of John White late Door- 

keeper of the Council 2 ,, 10,, 

Copy of the Report Mentioned in the foregoing Minutes 
sent therewith 

John Hamilton Esq r from the Committee to whom was 
referred the subject matter of the two several Resolves of the 
Hon ble the House of Lords and House of Commons of Great 
Britain Reported That no paper Bills or Bills of Credit sub- 
sisted or passed (by virtue of any Act or Acts of the General 
Assembly of this His Majesty's Province of New Jersey) in 
payment in the Year 1700, nor untill the Year 1709, when 
3,000 at the rate of money at eight Shillings an Ounce in 
paper Bills of Credit were made and Created by an Act of 
the General Assembly of the said Province, to Defray the 
necessary Expence of Forces raised in the said Province to 
go in Her late Majesty's Expedition against Canada That 
afterwards in the* Year 1711 5,000 in like Bills of Credit 
were in like manner made and created, for the like Use and 
purpose That afterwards in the Year 1716 4670 in like Bills 
of Credit were in like manner made and created, to defray 
the necessary Expence of Supporting His Majesty's Govern- 
ment in this Province, All which Several three Sums of 
money were afterwards raised by Taxes on the Inhabitants 
of the said Province, paid into the Treasury here, and Sunk 
and destroyed, pursuant to the directions of Several Acts of 
the General Assembly of this Province That afterwards by 
another Act of General Assembly made and passed in the 
Year 1723 40,000 (money according to Her late Majesty's 
Proclamation directed in and by an Act of Parliament 
Intituled An Act for ascertaining the rates of Foreign Coins 
in the Plantations in Bills of Credit were made and Created. 
That 36,000, part thereof was paid and returned into the 






1739] JOURNAL OF GOVERNOR AND COUNCIL. 107 

Treasury aforesaid, in twelve Years after its being first Issued, 
that is to say, in annual payments at the rate of 8 10/. per 
Cent for the first ten Years, and in payments of 7 10/ ^ 
Cent ^ Annum for the two last Years, which said Sums of 
money, so annually paid as aforesaid were Sunk and destroyed 
pursuant to the directions of the said Act, and 4,000 residue 
of the said 40,000 was raised on the Inhabitants of this 
Province by an Annual Tax of 1,000 and paid Sunk and 
destroyed accordingly. That afterwards by another Act of 
the General Assembly of this Province made and passed Anno 
Domini 1730 20,000 of like money as last mentioned were 
made and created and Issued in the Year 1733, and by another 
Act made and passed in the Year 1733 40,000 like money 
in Bills of Credit were made and created and Issued in the 
Year 1737, which Several before recited Sum of money, are 
all the Paper Bills which have at any time heretofore been 
Issued, made or Created, in this Province. And the 20,000 
and last mentioned 40,000 are all the Bills of Credit which 
are Subsisting or passing in payment in this Province, and 
were at the several times above mentioned lent out to Bor- 
rowers on the Mortgage of their Lands, and the whole thereof 
to pass current in payments during the Term of Eight Years, 
from the several times of the said Bills being issued as afore- 
said, and are severally thereafter to be paid into the Loan 
Offices of this Province, in eight annual equal payments, and 
then to be sunk and destroyed as will more particularly 
appear, reference being had to the last mentioned two Acts of 
General Assembly. 

And the said John Hamilton Esq r further Reported from 
the Committee aforesaid, That from the best recollection they 
could make and information they could receive, That the 
Exchange between Sterling money of Great Britain, and the 
Bills of Credit of this Province from the first time of their 
being made current aforesaid, to the Year 1714, was at 50 
^ Cent advance and that from the Year 1714 the Exchange 
had gradually risen to 65, and within four months last past 
has risen to 70. And the said John Hamilton further 



108 NEW JERSEY COLONIAL DOCUMENTS. [1740 

reported that in the Year 1700 and to the Year 1715 Spanish 
and ffrench Pistoles pass'd, and were received in payment, 
and were bought and Sold for, in paper Bills (when the same 
were current in any part of that time for 26/, and Spanish 
pieces of eight were in like manner pass'd and taken and 
bought for paper Bills at the rate of 8/ an ounce, and that 
from the Year 1715 to this time, Such like Pistoles have 
gradually risen to 28/. and pieces of 8 to 9/ ^ ounce and so 
in proportion all other Gold & Silver has been taken bought 
and received. Which Report they humbly Submitted to His 
Excellency and this Hon ble Board. 

Dated 4 th 10 br 1739 By order JOHN HAMILTON Ck. 

At a Council held at Perth Amboy March 26 th 1740. 

Present 
His Excellency Lewis Morris Esq r &c. 

John Hamilton ""1 

James Alexander 
Cornelius Van Home j ^ 
John Rodman j 

The Petition of James Carnes and other Inhabitants of 
the County of Morris praying that part of the said County 
lying within the Bounds in the said Petition mentioned may 
be Erected into a particular Precinct or Township &c. was 
read and the Consideration thereof deferred till to Morrow. 

M r Alexander arose from his Seat at the Board, & with 
M r Price made a Motion that the following Rule agreed on 
between them be made an Order of this Board (Viz) 

Aaron Deane Plttf in Error ^ 

ag st > 

James Fenn Defendant J 

Robert Lettis Hooper Esq rl late Chief Justice of this Pro- 
vince who sign'd the Minutes of the Bill of Exceptions in 

1 Died in March, 1738. See Field's Provincial Courts of New Jersev, 129. 






1740] JOURNAL OF GOVERNOR AND COUNCIL. 109 

the Cause in the Supreme Court on which this Writ of Error 
is brought being dead before Sealing the said Bill of Excep- 
tions at length It is now by Consent of the Attorneys & 
Counsel in this Cause agreed to Wave & renounce all Objec- 
tions on that Head, And that the Bill of Exceptions at 
length now delivered to the Clerk of this Board affix'd to 
the Transcript of the Record formerly filed with the Clerk 
of this Board shall be as effectual as if sealed by the said 
late Chief Justice, And the Plttf Assigns the general Error, 
And the Defend' gratis do's plead in Nullo est erratum. 

And by Consent of the Council on both Sides it is Ordered 
that this Cause be heard on the fourteenth day of May next 
at Burlington if the Council shall then there sit or the next 
time of the Sitting of the Council that shall happen after the 
said Day in Case it do not then sit. 

Ja : Alexander of Council for the Plttf & by order of 
Costigin his Attorney. 

BENJ. PRICE Att. f Def. 

M r Alexander took his place again at the board. 

His Excellency laid before the Board Petitions against and 
in favour of Samuel Harrison High Sherrif of the County 
of Gloucester, as also several Depositions concerning the s d 
Harrison which were read, and the Consideration of them 
deferr'd till to morrow, 

Then the Board adjourned to 

March 27 th 

Present 
His Excellency Lewis Morris E?q r & 

John Hamilton ^ John Rodman ^ 

James Alexander > Esq rs Robert Hunter Morris > Esq 
Cornelius VanhorneJ Fen wick Lyell 

The Petition of James Carnes & c pursuant to the Order 
of yesterday was Read & taken into Consideration. 



110 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Ordered that the Petitioners do set up Advertisements at 
all the places of publick Worship, and other publiqk places 
in the said County of Morris, setting forth in the said Adver- 
tisement the Boundaries & Extent of the place they pray to 
have erected into a Township or Precinct, that such persons 
as have objections to the Granting the Prayer of the Peti- 
tioners (if any such there be) may be heard, & shew Cause on 
the first day of May next at Burlington why the Prayer of 
the said Petitioners should not be granted. 

The several Petitions concerning Samuel Harrison Esq r 
pursuant to the order of yesterday were again Read, & taken 
into Consideration. 

Ordered that the said Samuel Harrison do attend this 
Board at Burlington on the third Tuesday in May next & 
that the Clerk do inform him thereof & serve him with a 
Copy of the Petition against him. 

The Memorial of Hugh Lord Clinton was presented to the 
Board by Robert Hunter Morris Esq r & read, which Me- 
morial is in the following words. 

To his Excellency Lewis Morris Esq r Capt n General & 
Governour in Chief of the Province of New Jersey & Ter- 
ritories thereon depending in America & Vice Admiral of the 
same in Council. 

The Memorial of Hugh Lord Clinton Sheweth. 

That he is intitled to three several Judgments in the 
Supreme Court of New Jersey in the name of Peter Warren 
against Daniel Coxe of the County of Hunterdon Esq r upon 
two of which there is due to your Memorialist the Sum of one 
thousand pounds Sterling by each of them with Interest from 
the Sixteenth day of November 1730 & upon the third Judg- 
ment there is due to your Mem lst the Sum of Eight hundred 
& Seventy five pounds Sterling with Interest from the time 
aforesaid besides the Costs of the said several Judgments. 

That the said Daniel Coxe is dead, and the said several 
Judgments do remain unsatisfyed, by reason whereof there is 
a greatuProbability that your Mem lst will be under a necessity 






1740] JOURNAL OF GOVERNOR AND COUNCIL. Ill 

of carrying the said several Judgments into Execution against 
the Estate of the said Daniel Coxe which lies in the County 
of Hunterdon, & that by Writs of Execution directed to the 
Sherriff of the same County. 

That upon the first of the said Judgments there is about 
Two thousand Five hundred pounds proclamation money to 
be levied to Satisfie the same & the like sum to be Levied to 
satisfy the Second, And should the Sherriff for the Time 
being not have Estate or Security in his office sufficient to 
answer for the Sums so to be levied your Mem ut may be in 
Danger of losing the Sums so to be levied. 

May it therefore please your Excellency the premises c@n- 
sidered to do therein what is reasonable to prevent the Danger 
that your Mem lBt might be in as afores d 

CLINTON 1 

And thereupon it was mov'd by M r Morris that it might 
be an Order of this Board that the Sherriff of the County of 
Hunterdon do give in Security in the Sum of 2500 procl n 
money. 

It is the Opinion of this Board that the Sherriff of Hunter- 
don for the Time being do enter into Security with two or 
more sufficient Sureties being Freeholders in this Province in 
the Sum of 2500 proclamation Money till the several Judg- 
ments mentioned in the above Memorial are Satisfyed if any 
fit person can be found to undertake the Office on such Con- 
ditions. 

His Excellency was pleas'd to Sign Warrants to the follow- 
ing persons for a Quarters Sallary commencing the 23 d Day 
of December last & ending the 23 d Day of this Instant March 
(Viz 4 ) 

No. 69 His Excellency 250,, ,,- 

70. Robert Hunter Morris Esq r C Justice 37 10 - 

71. Joseph Bonnel Esq r 2 d Judge 10;, 

72. Joseph Warrell Esq r Attorney Gen 11 ... 10 

'See N. Y. Col. Docs., V., 817, 818. 



112 NEW JERSEY COLONIAL DOCUMENTS. [1740 

73. Archibald Home Esq r Clerk of the 

Council 7,, 10,, 

74 Andrew Johnson Esq r Treasurer of 

y e East n Division 10 - 

75 John Allen Esq r Treasurer of the 

West n Division 10 

76 James Hooper Esq r Clke of the Cir- 

cuits 5,, - 

77 Robert Frye Doorkeeper of the Coun- 

cil 2,,10,, 



At a Council held at Perth Amboy March the 29 th 1740. 

Present 
His Excellency Lewis Morris Esq r Governour &c. 

John Hamilton ~) 
James Alexander > Esq 
R. Hunter Morris ) 

His Excellency having laid before the Board the several 
Recommendations he had receiv'd of Officers for the Militia 
in the County of Essex was pleased pursuant to the Advice 
of the Council present to order Commissions to be made out 
for the said County. 



At a Council held at Burlington April the 16 th 1740. 

Present 
His Excellency Lewis Morris Esq r Governour & 

John Wills ^ Richard Smith ^ 

John Reading >Esq R. Hunter Morris >Esq 

John Rodman ) Fenwick Lyell ) 

His Excellency was pleased to lay before the Board a Let- 
ter from his Grace the Duke of New Castle his Majesties 



1740] JOURNAL, OF GOVERNOR AND COUNCIL. 113 

principal Secretary of State dated at Whitehall October the 
29 th 1739, inclosing his Majestys Declaration of War against 
the King of Spain & commanding the same to be published 
in the most effectual Manner throughout this Province, And 
his Excellency was pleased to desire the advice of this Board 
in what Manner the said Declaration of War should be pub- 
lished throughout this province. 

It is the Opinion of this Board that the Governour do 
Order the several Regiments in this province to attend under 
Arms in such places as he shall direct with all the Convenient 
Speed that may be, And that his Majesties Declaration of War 
be then and there published in the most Solemn manner. 

His Excellency was likewise pleased to lay before the 
Board another Letter from his Grace the Duke of New 
Castle Dated at Whitehall Jan ry the 5 th 1739 communicating 
to his Excellency his Majestys Intentions of an Expedition 
against some of the Spanish Settlements in the West Indies, 
and requiring him to invite his Subjects in this Province to 
join in the attempt with Promise of all due Encouragement 
and Reward &c. which was read. 

Resolved that the said Letter and the matters therein con- 
tained be taken into Consideration to morrow 



April 17 th 1740 

Present 
His Excellency Lewis Morris Esq r Governour &c. 

John Wills "| John Rodman 

John Reading I Esq rs Rich d Smith 

Cornelius Vanhorne J Ro. Hunter Morris f 

Fen wick Lyell J 

His Grace the Duke of New Castle's Letter mentioned in 
the Minutes of yesterday was taken into Consideration. 

It is the unanimous Advice of this Board that His Excel- 
lency do forthwith issue a Proclamation inviting his Majestys 

8 



114 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Subjects within this Government chearfully to inlist in his 
Majesties Service and assuring them that proper Encourage- 
ment will be given them for their Serving his Majesty on 
this occasion. 

Whereupon His Excellency was pleased to Order a Pro- 
clamation to be prepared accordingly 



April 18 th 1740 

Present 
His Excellency Lewis Morris Esq r Governour & 

John Wills ^ Richard Smith ^ 

John Reading > Esq rs Rob* Hunter Morris V Esq" 
Corn 8 VanhorneJ Fen wick Lyell 

The Proclamation ordered on the 17 th was laid before the 
board, read and approved of, & a fair Copy thereof being 
Sealed and signed by His Excellency the same was ordered 
to be published with all due Solemnity at 3 o'clock this after- 
noon, and that the Kings Printer be ordered to print five 
hundred Copies and send them to the Secretary as Soon as 
possible 

By His Excellency 

Lewis Morris Esq r Captain General & Governour in Chief 
in and over his Majestie's Province of New Jersey & the 
Territories thereon depending in America and Vice Admiral 
in the same &c. 

(L. s.) A Proclamation 

His Majesty having declared War against the King of 
Spain for Reasons in his Royal Declaration of the Nineteenth 
of October in the thirteenth year of his Reign particularly 
set forth, and being determined to prosecute the Same with 
the Utmost vigour in the most effectual manner particularly 
by making an attempt upon Some of the most considerable 
Settlements belonging to the Spaniards in the West Indies, 
has been pleased for that purpose to order a Large Body of 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 115 

Troops under the Command of my Lord Cathcart, General 
and Commander in Chief of all his Majesties Troops sent to 
or raised in America to goe from England with a Sufficient 
Convoy of Ships of War to the West Indies which are to [be] 
joyned by the Squadron under the Command of Admiral 
Vernon now there, & by such a Number of Troops as may 
be raised in his Majesty's Colonies & Islands in America ; 
which it has been represented to His Majesty may Amount 
to a considerable Number; particularly in his Colonies on 
the Continent of America who might be easily had upon 
proper Encouragem' to be given to these new Levies This his 
Grace the Duke of New Castle his Majesty's principal Secre- 
tary of State has by his Letter informed me, it is his Majes- 
tys Royal Intention to do, by ordering them to be Supply'd 
with Arms and proper Cloathing and to be paid by his 
Majesty and assur'd of their coming in for their Share of 
any Booty, that shall be taken from the Enemy : And of 
their being sent back to their respective Habitations when 
the Service shall be over, unless any of them shall desire to 
Settle themselves elsewhere. 

His Majesty intends to conferr the Honour of Command- 
ing these Forces to be rais'd in America upon Col. Spots- 
wood an old experienced Officer 1 who has resided amongst 
them Twenty five Years and has his Estate fix'd in this part 
of the World ; who (they may be assur'd will use his Utmost 
Endeavours in their behalf that Justice shall be done them, 
in the due share of the Booty, and in all other Respects, and 
his Majesty will also order to be Sent by Col : Blakeney, who 
is appointed Adjutant General in this Expedition his more 
particular orders, and Number of blank Commissions to be 
fill'd up and given by me to Officers who are to Command 
the Troops rais'd here under Col Spotswood, which I shall 

1 Col. Alexander Spotswood, Governor of Virginia, 1710-1723. He took part, and 
was wounded, in the battle of Blenheim. He was the first white man who passed 
over and explored the Alleghany Mountains. For his achievement on this occasion 
he received the honor of Knighthood from King George. He died soon after his 
appointment as commander of the American forces to be raised against Spain, and 
before even those forces went into service. William Gooch succeeded him as com- 
mander of the Colonial troops. 



116 NEW JERSEY COLONIAL DOCUMENTS. [1740 

dispose of to such persons as I shall Judge most Capable and 
have Contributed most effectually to the promoting this Ex- 
pedition 

The Injuries and Losses which the Inhabitants of the 
British Colonies 1 have suffered by the Violence and Depre- 
dations of the Spaniards have been so many and gross as to 
be Motive Sufficient without any other to engage them in 
particular, vigorously to Exert themselves Accord 8 to their 
Ability in promoting any attempt against their cruel and 
faithless Enemies; But when to this is added the great 
Encouragem' given by his Majesty in paying them himself 
and ordering them to be Supplyed with Arms & Cloathiog 
necessary and suitable for them And to be returned to their 
Several Habitations when the Service shall be over, unless 
any of them shall desire to settle elsewhere ; and the nature 
of the Expedition is such as gives so fair & probable a Pros- 
pect of a Vast Extent of their Trade and Vent for their 
Produce (the Want of which is so generally complained of) 
upon the whole an Expedition in which they are to share the 
Benefits expected from it, and, being successful, must be of 
Vast advantage to the Northern Colonies : I therefore per- 
suade myself all his Majesty's Subjects in this Province will 
think it their Duty in every Station to exert themselves with 
a Necessary & laudable Zeal to the utmost of their Power in 
promoting this glorious Undertaking in which the Honour 
of his Majesty's Crown & the Interests of his Subjects here 
are so essentially concern'd Which, by his Majesty's Com- 
mand I hereby invite them in their several Stations to doe \. 
assuring them that a Suitable Behaviour on this occasion 
will be remark'd and recommended to His Majesty's Notice 

I have the better to promote this undertaking by and with 
the advice of His Majesty's Council appointed the Under 
mentioned persons in the Several Counties of this Province 
to take the names of such persons as shall be willing to lulist 
in his Majesties names to take Service which they are hereby 
required in his Majesties name to take, That the persons so 

'The English logwood cutters at Campeachy, and the salt gatherers in the Tor- 
tugas. 



JOURNAL OF GOVERNOR AND COUNCIL. 117 

inlisting may be ready to repair to such place as I shall 
appoint for their Rendevous when Col Blakeney who is 
daily expected arrives with the Money, Cloaths and Arms 
designed for Arming paying and Supplying them 
In Cape May Henry Young Richard Downs 
In Salem Dan 1 Mestayer, Do r Gardiner Edw d Lummis 
In Gloucester James Hinchman Joseph Cole 
In Burlington Peter Baynton Charles Reed Joseph Leeds 
In Hunterdon John Reading Martin Ryerson William 
Attle 

In Morris County John Budd Samuel Green 
In Somerset Cornelius Van home Robert Lettis Hooper 1 
Derrich Van Veighton 

In Monmouth John Throckmerton, William Osburne, 
John Lisle, John Brown, Elisha Lawrence 

In Middlesex James Hude Samuel Leonard, John Heard, 
Tho" Barlow 

In Essex Andrew Joline Josiah Ogden Peter Bayard 
In Bergen David Provoost and John Schuyler 
Given under my hand & Seal at Arms at Burlington in 
the Council Chamber the Ninteenth day of April in the 
thirteenth year of His Majesties Reign Anno Dofni 1740 

LEWIS MORRIS 
By his Excellencys Command 

ARCH: HOME Secry. 

God Save the King 

May 14 th 1740 
Present His Excellency Lewis Morris Esq r Governour & 

Jn Hamilton -j Rob : Hunter Morris \ -p TS 

Jn Reading I Esq rs Fenwick Lyell ] 

Rich d Smith j 

His Excellency was pleased to desire the Board to consider 
of, & recommend to him a Person well Qualifyed to be 
appointed High Sherriff of the County of Morris 

1 The younger. 



118 NEW JERSEY COLONIAL DOCUMENTS. [1740 

At a Council held at Burlington May 16 th 1740. 

Present 

His Excellency Lewis Morris Esq r Govern 1 &c. 



Jn Hamilton 
Jn Rodman 
Rich d Smith 
Ro : Hunter Morris 

Aron Dean pltff -| 

v >In Error 

James Fenn Def'J 

Pursuant to a former Rule, Counsel were heard on both 
sides, and on Motion of M r Costigin for the pltff in Error 
Ordered That the Pltff in Error have leave to reply to the 
Argument of the def* in Error on the last Tuesday in June 
next and that the Council for the def * in Error may if they 
think fit add to the Arguments Already offered Ordered, that 
the Consideration of the Complaints against Samuel Harrison 
Esq r High Sherriff of the County of Gloucester be deferred 
till Thursday the t Twenty ninth Instant and that the Clerk 
do acquaint the said Samuel Harrison therewith 



At a Council held at Burlington May 30 th 1740 

Present 
His Excellency Lewis Morris Esq r Gov r &c. 

Jn Reading ) Ro : Hunter Morris \^ n 

Jn Rodman VEsq rs Fenwick Lyell j 
Richard Smith J 

His Excellency having been pleased to desire that this 
Board would recommend to him a Person well qualify'd to be 
by him appointed High Sherriff of the County of Morris 

The Board unanimously recommended John Kinney as a 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 119 

Person well qualify'd and proper to be by His Excellency 
appointed High Sherriff of the County of Morris 

Ordered that the Secretary do make out a Commission 
accordingly 

His Excellency was pleased to desire that as the board had 
for some time past under their Consideration a person proper 
to be appointed high Sherriff of the County of Hunterdon, 
they would now proceed to recommend a Person accordingly. 

Then the Board unanimously recommended David Martin 
a person well qualify'd and proper to be by His Excellency 
appointed High Sherriff of the County of Hunterdon 

Ordered that the Secretary do make out a Commission 
accordingly 

Samuel Harrison high Sherriff of the County of Gloucester 
appearing pursuant to the order of this Board, and Several 
Witnesses for and against the said Harrison having been 
heard, the further Consideration was deferr'd to Tuesday the 
Seventeenth of June next 



At a Council held at Burlington June 9 th 1740. 

Present 
His Excellency Lewis Morris Esq r Govern 1 & 

Jn Reading ^ Ro : Hunter Morris \ ra 

Jno Rodman V Esq" Fenwick Lyell / 

Richard Smith ) 

His Excellency having Communicated to the Board the 
Information he had received from the Hon ble George Thomas 
Esq T Govern 1 of Pensilvania of one Robert Jenkins shortly 
Expected from London into that or this Province with a 
Considerable Sum of Counterfeit Bills of the Currency of 
New Castle Kent and Sussex on Delaware and of this 
Province, as also that one Peter Long said to be a Cousin to 
the said Jenkins had got printed in London about three years 
agoe a large Sum of Counterfeit Bills of Credit and had dis- 



120 NEW JERSEY COLONIAL DOCUMENTS. [1740 

posed of the same or great part thereof in this and the 
neighbouring Provinces, was pleased to desire the advice of 
this board what Measures should be taken in relation to this 
matter 

Ordered with the unanimous Advice of this Board that 
Clement Hall Esq r one of the Magistrates of the County of 
Saleni and James Hinchman Esq r one of the Magistrates of 
the County of Gloucester do take particu r Care to issue their 
respective Warrants at such time as they shall think Proper 
for Apprehending the said Robert Jenkins on his Coming 
into either of the said Counties and to Secure his Effects so 
that the same may be search'd in order to discover the Coun- 
terfeit Bills in the above Information mentioned as also to 
Issue their Warrants for apprehending such other Persons 
and Searching their Houses as they shall have Reason to 
believe are concerned with said Jenkins or the said Long or 
anyways in Counterfeiting or Uttering Such Bills that they 
may be proceeded against according to Law, And that the 
Clerk of this Board do by Immediate Express send the said 
Magistrate Copies of the above Minute and of this order, & 
that he do direct the s d Magistrates to keep this Matter as 
much a Secret as the nature of it will admit agreeable to the 
Service required of them, and that they do from time to time 
Transmitt to the Clerk of this Board an Account of their 
Proceedings therein 

His Excellency laid before the Board a Petition from 
Abraham Anderson of Maidenhead in the County of Hun- 
terdon complaining of undue Practices of Francis Costigin 
Attorny at Law as also a Letter from the s d Anderson crav- 
ing Protection for his Person in order to make good the 
Allegation in his said Petition contained 

Ordered that the said Abram Anderson be heard to his 
said Petition on the Tuesday the Twenty fourth Instant and 
that he be protected in Prosecuting his complaint before this 
board 

Ordered that the Clerk do Serve Francis Costigin Ati ry at 
Law with a Copy of said Petition. 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 121 

His Excellency also laid before the board the Petition of 
William Merrill which upon reading appearing to contain 
General Charges only 

Ordered, that the said Petition be returned to the Pet r & 
that he be Informed that the charges therein contained are so 
general & uncertain that the board cannot proceed upon them. 

His Excellency informed the Board that John Wills one of 
the Members of His Majesties Council came to take his leave 
of him & told him he was no longer able by Reason of his 
Age & Infirmities to attend the Council and his Excellency 
having considered thereof does think it fit that the said John 
Wills should be Suspended from further Attending the 
Council board till his Majesties pleasure be known concern- 
ing the same, & required the opinion and advice of the 
board therein 

His Excellency also informed the board that Cornelius 
Vanhorne Esq r one of the Members of his Majesties Council 
had told him that he could not without the utmost prejudice 
to his private affairs attend the Service of this board and 
therefore desired to be dismiss'd therefrom, & his Excell y 
having considered thereof does think it fit that the said Cor- 
nelius Vanhorne Esq r be Suspended from further attendance 
of this Board and required the Opinion and advice of the 
board therein, 

Whereupon the Board gave it as their Unanimous opinion 
<fe advice that the said John Wills & Cornelius Vanhorne 
should be by his Excellency suspended from further attend- 
ing the Service of this Board and from Sitting voting and 
acting as Members of His Majesty's Council 1 

Ordered that John Wills and Cornelius Vanhorne be and 
they are hereby suspended accordingly 

His Excellency further observed to the Board that William 
Provoost Esq r one of the Members had not attended this 
Board during the Sitting of this Assembly (that he knew of) 
that he had not given his Excellency any Reasons for his 
Absence nor had wrote to him on that or any other head and 

1 See N. J. Archives, VII., 106. 



122 NEW JERSEY COLONIAL DOCUMENTS. [1740 

desired to know of the Members of the Council if he had 
wrote to any of them on that head if he had His Excellency 
desired to know what the reasons were that he gave and if 
he had not why they did not take Measures to compel his 
Attendance 

To which the Council gave for answer that the said Wil- 
liam Provoost had not wrote to any of them, and that they 
had by a Letter from their Clerk since the Sitting of this 
Assembly, in a pressing manner required his Attendance and 
that afterwards they sent for him by the Serjeant at Arms 
attending the Council, which Serjeant at Arms reported that 
M r Provoost had promis'd him to Set out from his House in 
order to attend y e Council on Monday the Nin-teenth day of 
May last, since which they have not heard anything from the 
said William Provoost 

Then his Excellency ask'd the board what their opinion 
was of M r Provoost's Conduct was who were unanimously of 
opinion that M r Provoost has been guilty of a Neglect of his 
duty as a Member of His Majesty's Council 

Then His Excellency demanded of the board whether the 
absence of M r Provoost was any Delay or Prejudice to y* 
Publick Service 

To which it was unanimously answered that it was both 

His Excellency then desired the advice of the board 
thereon and the board gave it as their advice that the said 
William Provoost should be Suspended 



At a Council held at Burlington June 17 th 1740. 

Present 
His Excellency Lewis Morris Esq r Govern 1 " & 

Jn Hamilton ^ 

Jn Rodman V Esq rs 

Rob : Hunter Morris J 



1740] JOURNAL, OF GOVERNOR AND COUNCIL. 123 

The Governour and Council in presence of a Committee 
of the House of Assembly, appointed for that purpose burn't 
and destroyed the following Sums of Money in Bills of 
Credit laid before them by John Allen Treasurer of the 
Western Division of this Province Viz' 

Four hundred & forty Eight pounds in Bills of Credit 
canceled before the Governour & Council July 14 th 1726 four 
hundred & Sixty eight Pounds nineteen Shillings in Bills of 
Credit cancelled before the Gover r & Council August 14 th 
1727. 

Four Hundred & fifty eight Pounds nine Shillings and Six 
pence in Bills of Credit Cancelled before the Govern r & 
Council January 20 th 1728. 

The Governour and Council &c. also buru't and destroyed 
the sum of one Hundred and forty Six pounds seven Shillings 
& Six pence laid before them by John Allen Esq r for that 
end in Bills of Credit of the year 1724 Viz* 



9 


at 3 


27 








26 


..M 30/ , 


,,39 


_ 


_ 


32 


...(), 15/ . 


,,24 


_ 




38 


...(5) 12/ , 


,,22 


16 


" _ 


41 


...($ 6/ . 


,,12 


6 


_ 


50 


@ 3/ 


7 


1 




100 


@ 1/6 


7 


10 




Ill 


...(), I/ . 


5 


11 




2 Small 


bundles 




,, 14 


6 
















146 


7 


6 



At a Council held at Burlington June 18 th 1740. 

Present 
His Excellency Lewis Morris Esq r Gover r &c. 

Jn Hamilton "I T, Richard Smith ) -r, 

> il<SQ V Jjj c Q 

Jn Rodman J Rob. Hun r Morris j 



124 NEW JERSEY COLONIAL DOCUMENTS. 

The Complaints against Samuel Harrison High Sherriff of 
the County of Gloucester having been fully heard, as also 
the defence of the said Harrison His Excellency was pleased 
to desire the opinion of the board therein 

On which the board unanimously requested his Excellency 
that they might have Time allowed them to consider thereof 
before giving their opinion which his Excellency was pleased 
accordingly to allow 

At a Council held at Burlington June 20 th 1740 

Present 
His Excellency Lewis Morris Esq r Govern 1 &c. 

John Reading ^ 
Rich d Smith V Esq rs 

Ro : Hun r Morris J 

The Govern r and Council in presence of a Committee of 
the House of Assembly appointed for that purpose burn't 
and destroyed tWe following Sums of Money Viz* 

Fifty Eight Pounds thirteen Shillings and Six pence in 
Bills of Credit laid before them by John Allen Esq r Treas- 
urer of the Western Division of this Province being part of 
the 4000. 

Eighty Pounds Seven Shillings and Sixpence in Bills of 
Credit laid before them by Michael Kearney formerly Treas- 
urer of the Eastern Division of this Province. 



At a Council held at Burlington June 24 th 1740. 

Present 
His Excellency Lewis Morris Esq r Govern r &c. 

Jn Hamilton 1 rs Richard Smith ^ 
Jn Reading / Jn Rodman V Esq r 

Ro : Hunter Morris ) 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 125 

James Fenn ""I 
Dem John Nevill ! 

Deft ads. f In Error 

Aaron Dean Plttf j 

M r Kinsey having argu'd the Cause for the Deft and M r 
Costigin for the plantff also argu'd prays further Time for 
the Plttfs Council to answer he having not Seen M r Kinseys 
Argument It's thereupon Ordered that the pltts Council have 
a Months time to answer the said Argument and that he 
Serve the deft 8 Council with a Copy thereof the Def M Coun- 
cil serve the pltfs Council with there Reply thereunto in a 
month following and that the party's Serve the Govern 1 and 
Council with Copys of the said Arguments so as the Cause 
may be peremporily heard on the last Tuesday in September 
next 

Abraham Anderson ~j 
Pet r ag st 

Francis Costigin J 

His Excellency in Council read and Examined several , 
Bills of Costs and Minutes of Court relating to the said 
Complaint and deferr'd the further Consideration thereof till 
to Morrow 

At a Council held at Burlington June 25 th 1740. 

Present 
His Excellency Lewis Morris Esq r Govern 1 &c. 



Jn Hamilton ^ Richard Smith 

Jn Reading i Esq" Rob : Hun r Morris 



\Esq r 
is J 

Jn Rodman J 



The Board resumed the Examination of the Complaint of 
Abraham Anderson, and M r Costigin praying Time might 
be allowed him to produce a Certificate from the Clerk of 
the Court of his having taken out a Writt ag st Anderson 
charged in a Bill of Costs the same was allowed him 



126 NEW JERSEY COLONIAL DOCUMENTS. [1740 

At a Council held at Burlington June 26 tL 1740. 

Present 
His Excellency Lewis Morris Esq r Gov r &c. 

Jn Hamilton ^ Richard Smith 

Jn Reading >Esq rs Ro : Hun r Morris 
Jn Rodman J 

His Excellency by Direction from his Grace the Duke of 
New Castle laid before the board, some Instructions from 
His Majesty, relating to the intended Expedition against the 
Spanish Settlements in the West Indies, which were read 
and having by the Secretary commanded the attendance of 
the House of Assembly he was pleased to make to them the 
following Speech 

Gentlemen 

His Majesty having been called upon by the repeated Pro- 
vocations to declare War against Spain is determined by 
Gods assistance in so Just a Cause to Vindicate the Honour 
of his Imperial Crown, assert the undoubted Rights of his 
Subjects to Commerce and Navigation and by all possible 
means to attack annoy & distress a Nation that has treated his 
People with so much Insolence and Barbarity . 

He has therefore given orders for the equipping & Setting 
forth of an Expedition against the Territories of the Catho- 
lick King in the West Indies which will Consist of a Large 
Squadron of his Majesty's Ships of War and a considerable 
Body of his Majesty's Land forces with a Train of Artillery 
Store Ships and Transports suitable 

His Majesty hath also determined to raise a body of Troops 
in his Colonies on the Continent of North America to joyn 
those to be Sent from England at a particular Rendezvous 
appointed for that purpose & to Act in Conjunction with 
them, and although he hath not thought fit to fix any par- 
ticular Quota for his Province of New Jersey because he 
would not Set bounds to their Zeal for his Service, yet he 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 127 

doth not in in the least doubt but they will Exert themselves 
with a becoming Earnestness on this occasion as farr as the 
Circumstances of the Country will allow ; His Majesty being 
assured they cannot Render a more Acceptable Service to 
himself or to their Mother Country, or do any thing more 
essential to their own Interest 

His Majesty therefore trusts* and Expects that his Loyal 
Assembly of New Jersey will provide Victualls Transports 
and all other Necessaries for the Troops to be raised in the 
Province Except their Cloaths Tents Arms Ammunition and 
Pay till their Arrival at the General Rendezvous In the 
West Indies from which time the said Troops shall enter into 
His Majestys Pay. 

This I am commanded to Let you know and in his Majes- 
ty's name to recommend to you the making of such Provi- 
sion that the Expedition be not retarded for want thereof 

This I now do, and doubt not you will in this Case Act 
as becomes a Loyal House of Representatives for his Majes- 
tys Service and Your own Immortal Honour 

LEWIS MORRIS 

June 26 th 1740 



At a Council held at Burlington July 7 th 1740 

Present 
His Excellency Lewis Morris Esq r Govern r &c 

Jn Hamilton ^ 

Rich d Smith VEsq rs 

Ro : Hunter Morris J 

His Excellency sign'd Warrants to the following Persons 
for one Quarters Sallary commencing the 23 d day of March 
and ending the 23 d day of June last Viz* 

N78 To Himself. 250,, ,, 

79 Robert Hunter Morris Esq r Chief Jus- 
tice 37 ,,10,, 



128 NEW JERSEY COLONIAL DOCUMENTS. [1740 

80 Joseph Bonnel Esq r Second Judge 10 

81 Joseph Warrell Esq r Attorney Gen 1 10 - 

82 Arch d Home Esq r Clk of the Council... 7 10 - 

83 Andrew Johnston Esq r Treasurer of the 

Eastern Division 10,, 

84 John Allen Esq r Treasu r of the West- 

ern Division 10 

85 James Hooper Esq r Clk of the Circuits 5 

86 Robert Frye Door keeper of the Coun- 

cil 2,,10,,- 

87 Andrew Johnston Esq r for the Use of 

Richard Partridge Agent for this 
Province at the Court of Great 
Britain for 3 quarters Sallary com- 
mencing the 23 d Sept r and ending 
the 23 d day of June last 60,, ,,- 

His Excellency in pursuance of the Answer given by the 
Board to his sever 1 Queries on the 9 th of June last relating 
to the absence of William Provoost Esq r one of his Majestys 
Council and the advice of the Board thereon was this day 
pleased to Sugpend the said William Provoost from further 
attend g the Service of this board and siting voting and acting 
as a Member of his Majesty's Council 

At a Council held at Burlington August I 8t 1740 

Present 
His Excellency Lewis Morris Esq 1 Governour &c. 



J no Hamilton ^ Richard Smith 

Jno Reading > Esq re Ro : Hunter Morris 



is} 8 "' 
Jno Rodman ) 



His Excellency was pleased with the Advice of this Board 
to fill up his Majesty's blank Commissions for a Company in 
the Hon ble Coll William Gooche's Regim 4 of Foot raised 
within this Province in the following manner Viz 1 






1740] JOURNAL OF GOVERNOR AND COUNCIL. 129 

Captains Commission James Hooper 

2 d Lieutenants William Kidd 

Ensigns do Lewis Stevens 

The said James Hooper having used great Diligence and 
having his Company almost compleated 

His Excellency with the Advice of the Board was pleased 
to appoint John Dear Sherriff of the County of Middlesex 
and of the City's of Perth Amboy and New Brunsw'k in 
the Room of James Hooper Esq r and to order the Secretary 
to make out Commissions accordingly 



At a Council held at Burlington Aug st 2 d 1740. 

Present 
His Excellency Lewis Morris Esq r Govern r 

John Rodman ^ 

Rich d Smith VEsq 

Ro : Hunter Morris ) 

His Excellency was pleased to appoint Peter Baynton 
Esq r to be one of His Majesty's Council the number of Mem- 
bers residing within the Province being under Seven and he 
took the Usual Oaths to qualify him & took his Seat at the 
Board accordingly 

His Excellency acquainted the board that he had some 
time ago granted warrants to George Thomas and Robert 
Farmar to raise men for his Majesty's Service in the Intended 
Expedition against the Spanish Settlements in the West 
Indies and that Robert Farmar had laid before him several 
Certificates the last of which bears date this day by which 
Certificates he alledges that he has compleated a Company 
according to his Majesty's Instructions but as it is highly 
probable that George Thomas may also have compleated a 
Company tho' the Certificates thereof were not yet come to 
His Excellency's hands his Excellency was pleased to ask the 

9 



130 KEW JERSEY COLONIAL DOCUMENTS. [1740 

advice of the board whether he should fill up his Majesty's 
blank Commission now remaining in his Possession to the 
said Robert Farmar or if a further Time should be allowed 
the said George Thomas to produce his Certificates that so 
the Commission may be given to such one of these Gentle- 
men as shall make it appear that his Company was first 
compleated 

On which the Board unanimously gave it as their advice 
that George Thomas should be allow'd till Friday next the 
Eighth at noon to produce his Certificates, and that his Ex- 
cellency should bestow his Majesty's blank Commission for a 
Captain now remaining In his possession on such one of the 
said Gentlemen as shall make it appear then that his Com- 
pany was first compleated 

At a Council held at Burlington August 4 th 1740. 

Present 
His Excellency Lewis Morris Esq r Govern 1 &c. 

John Hamilton \ -p IS Richard Smith \ -p rs 
John Rodman J Ro : Hun r Morris J 

His Excellency sign'd Warrants to the following Persons 
for their Attendance on the last Sessions of the General 
Assembly of this Province as "$ act for the Support of Gov- 
ernment Viz* 

N 88. To John Hamilton Esq r for his At- 
tendance in Council 100 day's 30 

89. John Wills Esq r for 30 days.... 9 

90. John Reading Esq r 100 days ,,30 - 

91. Cornelius Vanhorne 20 days 6 

92. John Rodman 100 days ,,30 - 

93. Rich d Smith 100 days w so,, - 

94. Robert Hunter Morris 100 days ,,30 - 

95. Fenwick Lyell 100 days ,,30 



1740] JOURNAL OF GOVERNOR AND COUNCIL. 131 

96. Joseph Warrell Esq r Att ey Gener 1 80 

days Attendance ,,24 

97. Michael Kearney Esq r Clerk of the 

House of Representatives 100 days 

Attendance ,,40 

N 98. Peter Saverey Serjeant at Arms 113 

days Attendance on the Council.... 16 19 
99. Andrew Robinson Serjeant at Arms 
113 days Attendance on the House 
of Representatives 16 19 

George Thomas and Robert Farmar mentioned in the 
Minutes of Saterday last both Attending. The Board pro- 
ceeded to examine the Several Certificates produced by M r 
Farmar to prove the Completion of his Company, on which 
Examination it appearing to the board that the said Farmars 
Company was not compleated as was by him alledged ; and 
George Thomas having acknowledg'd to the Board that his 
Company was not yet quite compleated tho' it was very near 
so, and having produc'd sufficient vouchers that he had 
already marched at least Seventy seven Men to Perth Am boy 
and had Inlisted many more. 

The Board gave it unanimously as their advice that Robert 
Farmar be ordered to Muster his Company at New Brunswick 
before James Hude or William Ouke Esq r two of his Majesty's 
Justices of the Peace and Limpany White one of the British 
Lieutenants who are to view the men and see that they are 
fit for his Majesty's Service and that y e Men of which the 
said Company Consists be all of them Sworn before one of 
the above Justices and their several names Included in one 
general Certificate to be Signed by the said Justices or either 
of them and the s a Lieutenant 

That George Thomas be also ordered to Muster his Com- 
pany at Perth Amboy before John Hamilton or Fenwick 
Lyell Esq r and Hugh Lyon another of the British Lieu- 
tenants to be viewed Sworn and Certify'd in the manner 
above directed, and that his Excellcy will be pleased to fill 



132 NEW JERSEY COLONIAL DOCUMENTS. [1740 

up his Majesty's blank Commission for a Captain to such one 
of the said Gentlemen as Shall first have a full and compleat 
Company certify'd as aforesaid and if their Company's shall 
both appear by the said Certificates to be compleated on the 
same day, that then and in such Case he will be pleased to 
bestow the said Commission on Such one of them as he by 
the advice of this Board shall think most for his Majesty's 
Service and give such Certificate to the other as shall be 
requisite in the Case. 

At a Council held at Burlington Aug" 8 th 1740 

Present 
His Excellency Lewis Morris Govern 1 " & c 

Jn Rodman Robert Hunter Morris \ -p 

Richard Smith Peter Baynton j 

His Excellency laid before the Board the Certificates 
delivered in to him by George Thomas and Robert Farmar 
of their having Compleated their respective Companies in 
the Manner required by the Minute of the 4 th Current, and 
it appearing by the said Certificates that both their Com- 
panys were mustered compleated sworn and certified on the 
same day, His Excellency was pleased to ask of the Board 
which of these Gentlemen they would recommend to him, 
and advise him as most for His Majesty's Service to appoint 
Captain, and have his name put into his Majesty's blank 
Commission for a Captain now Remaining in his Possession. 

on which the Board unanimously advis'd his Excellency 
to fill up the said blank Commission and other his Majesty's 
blank Commissions remaining in his Possession in manner 
following Viz* 

To George Thomas the Commission for Captain 
To Marshal Davis do Lieutenant 

To W m Ogilvy do Ensign 









1740] JOURNAL OF THE PROVINCIAL COUNCIL. 133 

And that he would be pleased to give such Certificates as 
he shall think requisite for the other Company to the under- 
mentioned Viz* 

To Robert Farmar as Captain 
To Thomas Davis as Lieutenant 
To Edward Seymour as Ensign 



Proceedings of Council for the Province of New Jersey at 
a Sessions of General Assembly 1 of the said Province begun 
and holden at Burlington April the 10 th 1740, to the 31 st 
July 1740. 

The General Assembly of the Province of New Jersey 
being by His Majesty's Writt Called to meet at Burlington 
on the 25 th day of May 1739 and being by several Proroga- 
tions Continued to 

Thursday April 10 th 1740 
When The House met & adjourned to 

Wednesday 16 th 

Present 
John \Vills 
John Reading 

John Rodman ._ rg 

Richard Smith 
Rob' Hunter Morris | 
Fenwick Lyell J 

1 The members of the popular branch were : City of Perth Amboy Andrew John- 
ston, Lewis Johnston ; Middlesex Thomas Farmar, Robert Hude ; Monmouth John 
Eaton, Cornelius Vandervere ; Essex John Low, John Rolph ; Somerset John. V. 
Middleswardt, Thomas Leonard ; Bergen Lawrence Van Buskirk, David Demarest ; 
City of Burlington Richard Smith, Isaac Pearson ; Burlington Mahlon Stacy, Wil- 
liam Cook ; Gloucester Joseph Cooper, John Mickle ; Salem William Hancock, 
Richard Smith ; Cape May Aaron Learning, Aaron Learning, Jr. ; Hunterdon Ben- 
jamin Smith, Joseph Peace. A'. J. Hist. Soc. Proceedings, May, 1850. Leonard was 
elected in May, iu place of Hendrick Fisher, declared ineligible. 



134 NEW JERSEY COLONIAL DOCUMENTS. [1740 

His Excellency having Commanded the Attendance of this 
House as also the Attendance of the House of Representatives 
at His own House was pleased to open the Sessions with a 
Speech to both Houses 

Then the House adjourned from day to day to 



Tuesday April 29 th 

Present 

John Hamilton "^ 
John Wells 

John Rodman J> Esq" 
Rich d Smith 
Fenwick Lyell J 

A Bill sent from the House of Assembly entitled an Act 
declaring how the Estate or Right of a Feme Covert may be 
Conveyed or Extinguished was read the first time and ordered 
a Second reading 

As also another Bill from the House of Assembly, entitled 
an Act to enable the Freeholders in Conjunction with three 
Justices of the Peace to Chuse a Collector for each respective 
County within this Province 1 was read the first time and 
ordered a Second reading 

Then the House adjourned to 



Wednesday April 30 th 1740 

Present 

John Hamilton Pres' ") 
John Rodman 

Rich d Smith \ Es( T 

Fenwick Lyell 

The House adjourned to 

1 This is the origin of the office of County Collector in New Jersey. 






1740] JOURNAL OF THE PROVINCIAL COUNCIL. 135 

Thursday May 1 st 

Present 

John Hamilton Pres* ^ 
John Rodman 

Rich d Smith j> Esq ra 

Rob* Hunter Morris j 
Fenwick Lyell J 

M r Cook and M r Damarest from the House of Assembly 
presented to this House for their Concurrence A Bill entitled 
an Act to prevent any Actions under Fifteen Pounds being 
brought into the Supream Court of this Province which was 
read the first time and ordered a Second reading 

Col Farmer, M r Stacy and M r Cooper, from the House of 
Assembly, presented to this House for their Concurrence a 
Bill entitled an Act for the more easy and speedy Recovery 
of small debts, which was read the first time and ordered a 
Second reading 

The Bill entitled an Act declaring how the Estate or Right 
of a Feme-Covert may be Conveyed &c* was read a Second 
time, and committed to M r Smith and M r Lyell 

Then the House adjourned to 

Friday May 2 d 1740 

Present 

John Hamilton Pres* 
John Reading 

John Rodman rg 

Rich d Smith 
Rob* Hunter Morris 
Fenwick Lyell J 

The Bill entitled an Act to prevent any Actions under 
Fifteen Pounds being brought into the Supream Court &c a 
was read a Second time, and Committed to M r Rodman and 
M r Lyell 



136 NEW JERSEY COLONIAL DOCUMENTS. [1740 

The Bill entitled an Act for the more easy and Speedy 
Recovery of small debts was read a Second time, and com- 
mitted to M r Reading, M r Morris & M r Lyell 

M r Morris moved the House for leave to bring in a Bill 
to oblige the Several Sherriffs of this Province to give 
Security, and take such Oaths as shall be therein directed, 
for the due discharge of their Offices. 

Ordered That M r Morris have leave to bring in a Bill 
accordingly 

Ordered, That the Clerk do write to the Absent Members 
and require their immediate Attendance, and assure them 
that no Excuse will be admitted of 

Then the House adjourned to 

Saturday May 3 d 

Present 

John Hamilton Pre 4 
John Reading 
John Rodman 
Rich* Smith f 

Rob* Hunter Morris 
Fenwick Lyell J 

M r Lyell from the Committee to whom the Bill entitled 
an Act declaring how the Estate or Right of a Feme Covert 
may be conveyed or Extinguished, was referr'd reported the 
same without any Amendments. 

Then the said Bill was read a third time and on the ques- 
tion put 

Resolved that the said Bill do pass. 

Ordered, That M r Lyell do acquaint the House of Assem- 
bly, that this House has pass'd the said Bill without any 
Amendments. 

M r Morris pursuant to the leave given him, brought in a 
Bill entitled An Act to oblige the several Sherriffs of this 
Province to give Security, and to take the Oaths therein 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 137 

directed for the due discharge of their Offices which was 
read the first time, and ordered a Second reading 

M r Lyell reported that he had obey'd the above order of 
this House 

Then the House adjourned to 



Monday May 5 th 1740 

Present 

John Hamilton Pres 1 
John Reading 
John Rodman 
Richard Smith 
Rob' Hunter Morris 
Fenwick Lyell J 



. Esq rs 



M r Lyell from the Committee to whom the Bill entitled 
an Act to enable the Freeholders in Conjunction with three 
Justices of the peace &c a was referr'd, Reported, that they 
had gone thro' the Same and had made Several Amendments 
thereto, which he read in their places, and delivered in at the 
Table. 

Ordered, that the said Bill with the Amendments be read, 
which was done accordingly and agreed to by the House 

Ordered That M r Smith do carry the said Bill with the 
Amendments to the House of Assembly, and desire their 
Concurrence thereto 

A message from the House of Assembly, by M r Pearson, 
and M r Lowe concerning the Examination of the Treasures 
acco 18 

Ordered That the said message do lye on the Table 

The Bill entitled an Act to oblige the several Sherriffs &c a 
was read a Second time and Committed to M r Smith, M r 
Morris, and M r Lyell 

Then the House adjourned to 



138 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Tuesday May 6 th 1740 

Present 

Jn Hamilton Pres* "") 
Jn Reading 

Jn Rodman ' ri 

Rich d Smith 
Ro* Hunter Morris | 
Fenwick Lyell J 

M r Morris moved for leave to bring in a Bill for Natur- 
alizing Johannes Martinus Vanharlinghen, a Protestant 
Native of the United Provinces 

Ordered that M r Morris have leave to bring in a Bill 
accordingly. 

M r Morris moved that the Treasurers of this Province 
might be ordered to lay their several acco ta before this House, 
which Motion was unanimously approved of 

Ordered that the Treasurers of this Province do lay their 
several Acco' before this House, on or before the 13 th day of 
this Month, and that the Clerk do serve the several Treasu- 
rers with a Copy of this Order 

M r R : Smith of Burlington and M r Vandevere, brought 
up from the House of Assembly, a Bill entitled an Act for 
the better enabling of Creditors to recover their just debts 
from Persons who abscond themselves, for the Concurrence 
of this House which Bill was read the first time, and ordered 
a Second Reading. 

then the House adjourned to 

Wednesday May 7 th 

Present 

Jn Hamilton "i 
Jn Rodman VEsq 
Rich d Smith ) 
Adjourned to 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 139 

Thursday May 8 th 

Present 
Jn Hamilton 
Jn Reading 
Jn Rodman 



Rich d Smith f 

Ro' Hunter Morris | 
Fenwick Lyell J 



Esq" 



The Bill entitled an Act for the better enabling of Creditors 
to recover their Just debts &o a was read a Second time, and 
committed to M r Reading, M r Rodman, and M r Lyell 

M r Vanbuskirk and M r Smith from the House of Assem- 
bly brought up a Bill entitled an Act concerning the acknowl- 
edging of Deeds and Conveyances of lands in each respective 
County of this Province, for the Concurrence of this House, 
which was read the first time, and ordered a Second read g 

M r Cooper and M r Demarest, from the House of Assembly, 
brought up a Bill entitled an Act for restraining the Burning 
of the Woods, Marshes and Meadows, for the Concurrence of 
this House, which was read the first time and ordered a 
Second reading 

Col Farmer and M r Pearson from the House of Assembly, 
brought back the Bill, entitled an Act, to enable the Free- 
holders &c* with the Amendments made thereto by this House, 
to all which Amendments that House Agrees, except the third, 
and fourth, and adheres to the Bill in the parts mentioned in 
the said two Amendments. 

Which Bill with the Amendments being again read 

Resolved, that this House do recede from their third and 
fourth Amendments to the said Bill 

Ordered, that M r Smith do carry the said Bill and Amend- 
ments to the House of Assembly and acquaint them with the 
above resolve 

Then the House adjourned to 



140 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Friday May 9 th 1740 

Present 

Jn Hamilton ") 

Jn Reading 

Jn Rodman }- Esq 

Rich d Smith 
Rob : Hunter Morris J 

The Bill entitled an Act Concerning the Acknowledging 
and registring of Deeds &c a was read a Second time, and 
Committed to the Gentlemen of the Councill, or any two of 
them. 

Ordered that it be an Instruction to the said Committee to 
add a Clause to the said Bill that the said Act shall not be 
in force till after it hath received the Royal Assent. 

The Bill entitled an Act for restraining the burning the 
Woods &c a was read a Second time, and Committed to M r 
Rodman and M r Smith. 

Then the House adjourned to 

Saterday May 10 th 1740 

Present 
Jn Hamilton 
Jn Reading 

Jn Rodman _ 

Rich d Smith 
Ro : Hunter Morris | 
Fen wick Lyell J 

M r Benjamin Smith, and M r Hude ; from the House of 
Assembly, brought up a Bill entitled An Act for the Sep- 
tennial Electing Representatives to serve in General Assembly 
of this Province, for the Concurrence of this House, which 
was read the first time and ordered a Second reading : 

M r Eaton and M r Mickle, from the House of Assembly, 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 141 

brought up a Bill entitled an act to explain what shall be a 
Legal Settlement for any Person in this Province, for the 
Concurrence of this House, which was read the first time and 
ordered a Second Reading. 

M r Morris from the Committee to whom the Bill entitled 
an Act to oblige the several Sherriffs &c a was referr'd, reported 
that they had gone thro' and made several Amendments to 
the same which Amendments were read in their places, and 
agreed to by the House. 

Ordered that the amended Bill entitled an Act to oblige 
the several Sherriffs &c a be engross'd 

M r Morris pursuant to the leave given him, brought in a 
bill entitled an Act for Naturalizing Johannes Martinus Van 
Harlinghen 1 which was read the first time and ordered a 
Second reading 

M r Cooper, and M r Vanmiddleswart, from the House of 
Assembly, brought up the engrossed Bill entitled an Act to 
enable the the Freeholders, in Conjunction with three Jus- 
tices of the Peace, to Choose a Collector for each respective 
County within this Province ; which Bill being compared ; 

Resolved that the said Bill do pass : 

Then the House adjourned to 



Munday May 12 th 1740 

Present 
Jn Hamilton 
Jn Reading 
Jn Rodman 
Rich d Smith 
Ro : Hunter Morris | 
Fenwick Lyell J 

1 Father of Rev. Johannes Martinus Van Harlingen, a distinguished clergyman 
of the Reformed Dutch Church, one of the original Board of Trustees of Queen's 
(now Rutgers) College, New Jersey. Oorivm's Manual of the Reformed Church in 
America, 2d ed,, 1S69, p. 2Ut. 



142 NEW JERSEY COLONIAL DOCUMENTS. [1740 

M r Hancock, and M r Rolf, from the House of Assembly, 
brought up a Bill entitled an Act to Extend an Act of Par- 
liament entitled an Act for the more easy Recovery of debts 
in His Majesty's Plantations in America, and to direct the 
Sherriffs how they shall proceed in levying Executions by 
Virtue of the Same, for the Concurrence of this House 

Resolved that the said Bill be rejected 

The Bill entitled an Act for the Septennial Electing 
Representatives &c a was read a Second time and Committed 
to the Gentlemen of the Council or any three of them. 

The Bill entitled an Act to explain what shall be a Legal 
Settlm* &c a was read a Second time & Comitted to y e Genlm n 
of y e Council or any two of them 

The Bill entitled an Act for Naturalizing Johannes Mar- 
tinus Vanharlinghen was read a Second time and ordered a 
third reading 

M r Rodman from the Committee to whom the Bill entitled 
an Act to prevent any Action under Fifteen Pounds being 
brought into the Supream Court, was Committed, reported, 
that they had gone thro' and made an Amendm 4 to the same, 
which he read ^n its place, and the same was agreed to by 
the House 

Ordered that M r Rodman do carry the said Bill with the 
Amendm** to the House of Assembly and desire their Con- 
currence thereto 

M r Morris from the Committee, to whom the Bill entitled 
an Act for the better enabling of Creditors to recover their 
Just debts &c a was referred reported that they had gone thro' 
and made some Amendments to the same which Amendments 
being read in their places were agreed to by the House 

Ordered, that M r Morris do carry the said Bill with the 
Amendments to the House of Assembly and desire their 
Concurrence 

Then the House adjourned to 






> Esq r 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 143 

Tuesday May 13 th 1740 

Present 
Jn Hamilton 
Jn Reading 
Jn Rodman 
Rich d Smith 
Ro : Hunter Morris | 
Fenwick Lyell J 

M r Rodman, reported that he had obey'd the order of this 
House of Yesterday. 

M r Stacy, and M r Learning, from the House of Assembly, 
brought up the Engross'd Bill Entitled an Act for the better 
enabling of Creditors to recover their Just debts from Per- 
sons who abscond Themselves, &c a that House having agreed 
to the Amendments by this House Made thereto; which 
Bill being again read and Compared with the Amendments : 

Resolved That the said Bill do pass. 

M r Allen Treasurer of the Western Division in pursuance 
of the order of the 5 th laid before the House his Accomp te 

Ordered that the said Acco : do lie upon the Table 

M r Reading moved for leave to be absent for some time on 
other Publick business of the Province; and leave was 
accordingly granted him. 

Then the House adjourned to 

Wednesday May 14 th 

Present 

Jn Hamilton ~) 

Jn Rodman 

Rich d Smith j> Esq 

Rob : Hunter Morris j 
Fenwick Lyell J 

M r Pearson, and M r Eaton from the House of Assembly, 
brought up The Engrossed Bill entitled an Act, to prevent 



144 NEW JERSEY COLONIAL DOCUMENTS. [1740 

any action under Fifteen Pounds being brought into the 
Supream Court, that House having agreed to the Amendment 
made thereto by this House ; which engrossed Bill being read 
and compared with the Amendment 

Resolved that the said Bill do pass 

The Engrossed Bill entitled an Act to oblige the several 
Sherriffs of this Province to give Security, and to take the 
Oaths or affirmations therein directed for the due discharge 
of their offices, was read, and on the question put 

Resolved That the said Bill do pass 

Ordered, That M r Morris do carry the same to the House 
of Assembly for their Concurrence 

M r Vanbuskerk and M r Demarest, from the House of 
Assembly broug' up a Bill entitled an Act for preventing of 
Waste of Timber, Pine and Cedar Trees and Poles, within 
the Town and Corporation of Bergen in the Province of New 
Jersey, for the Concurrence of this House ; which was read 
the first time and ordered a Second reading. 

This House taking into Consideration the great Necessity 
of the Attendance of their several Members for dispatching 
the publick buiaaess of the Province and their several orders 
to and Summones of William Provoost & Cornelius Vanhorn 
Esq two of the Gentlemen of the Council, to appear in this 
House, as the duty of their Station required ; to which they, 
nor either of them had hitherto given any Answer, nor 
offered any reason to this House for their not complying with 
the Summon's afores d in contempt of the Authority of this 
House, and in delay of and prejudice to the Buisness thereof, 
it is therefore Unanimously 

Resolved, and Ordered, that the Serjeant at Arms Attend- 
ing this House do take the said William Provoost, and Cor- 
nelius Van Horn Esq ra and bring them with all possible 
Expedition to the Barr of this House to answer the premises, 
and that the Clerk do Serve the Serjeant at Arms with a 
Copy of this order Immediately. 
Then the House adjourned to 



JOURNAL OP THE PROVINCIAL COUNCIL. 145 

Thursday May 15 th 1740 

Present 

Jn Hamilton ^ 
Jno. Rodman 
Rich d Smith f Es( T 
Fenwick Lyell J 

Then the House adjourned to 

Friday May 16 th 1740 

Present 

Jn Hamilton ~) 
Jn Rodman 
Rich* Smith f Es( l r8 
Fenwick Lyell J 

A Message from His Excellency desiring that the House 
may Adjourn themselves to Tuesday the 27 th Ins* 

Then the House accordingly adjourned to Tuesday the 27 th 
Ins* 

Tuesday May 27 th 1740 
The House met according to Adjournment 

Present 

John Rodman ^ 
Rich d Smith VEsq rs 
Fenwick Lyell J 

The House adjourned to 

Wednesday May 28 th 

Present 

John Reading ") 

John Rodman 

Rich d Smith }> Esq" 

Ro : Hunter Morris | 
Fenwick Lyell J 

10 



146 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Peter Savory Serjeant at Arms attending the House, being 
called in and required to make a return of the order of this 
House of Wednesday the 14 th of this month Returned for 
Answer that in Obedience to the said order, He had taken 
Cornelius Van Horn, and William Provoost Esq and they 
having Severaly given him their promises to appear at the 
Barr of this House at a time now past, He had not brought 
them as Commanded by the said order 

Resolved That Peter Savory Serjeant at Arms Attending 
this House is guilty, of Disobedience to the order of this 
House 

Ordered that the High Sherriff of the County of Bur- 
lington do take Peter Savory, Serjeant at Arms attending 
this House into Custody for Disobedience to the order of this 
House, and that the Clerk do Serve the Sherriff with a Copy 
of this order. 

M r Pease, 1 and M r .Vanbuskirk from the House of Assem- 
bly, brought up a Bill entitled an Act to lay certain Taxes 
on Hawkers, Pedlars or Petty Chapmen within this Province, 
for the Concurrence of this House which was read the first 
time, and orderejl a Second reading. 

M r Lyell moved for leave to bring in a Bill to make the 
Executors or Administrators of Sherriffs, within this Pro- 
vince lyable to Actions of Escape suffered by such Sherriffs 
in their Lifetimes. 

Ordered That M r Lyell have leave to bring in a Bill 
accordingly 

The Bill entitled an Act for preventing the Waste of 
Timber, Pine &c a within the Town and Corporation of Ber- 
gen, was read a Second time, and Committed to M r Morris 
and M r Lyell 

The House adjourned to 

1 Joseph Peace. 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 147 

Thursday May 29 th 1740 

Present 

Jn Reading ") 

Jn Rodman 

Rich d Smith [ Esq rs 

Ro : Hunter Morris 
Fenwick Lyell J 

The Bill entitled an Act for Naturalizing Johannes Mar- 
tinus Vanharlinghen, was read a third time and on the Ques- 
tion put 

Resolved That the said Bill do pass. 

Ordered That M r Morris do carry the said Bill to the 
House of Assembly for their Concurrence ; 

The Bill entitled an Act to lay certain Taxes on Hawkers 
<fec a was read a Second time and committed to M r Reading, 
and M r Rodman 

A Petition from Peter Savery, Serjeant at Arms, in Cus- 
tody of the Sherriff of Burlington, praying to be admitted 
to make acknowledgment of His Fault to this House, was 
read 

Ordered That the Sherriff of Burlington do bring Peter 
Savery, to the Barr of this House tomorrow, and that the 
Clerk do serve the Sherriff with a Copy of this order 

The 11 th Article of His Majestys Instructions to His 
Excellency incerted in the Minutes of this House of the 
10 th Jan ry 1738, relating to the Attendance of the Members 
of this House, was read 

Resolved Nem : Con : That Cornelius Vanhorne, and Wil- 
liam Provoost two of the Members of this House, not 
attending tho' thereunto duly Summoned and often, Admon- 
ished pursuant to the directions in His Majesty's said In- 
struction, are severally Guilty of a Contempt thereof, and 
have by their non Attendance greatly obstructed the publick 
Buisness 



148 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Resolved That the non Attendance of James Alexander, a 
Member of this House residing in New Yorke, is also a great 
Obstruction to the publick Business 

Resolved that the non Attendance of John Wells, 1 a Mem- 
ber of this House occasioned by his great Age and Infirmity 
of Body, is also a great Obstruction to the Publick business. 

Resolved, That an humble Address be presented to His 
Excellency setting forth, the matters contained in the fore- 
going Resolves, and praying that He will be pleased to take 
such Measures, as to him shall seem meet for Relief therein 

Ordered, That M r Reading, and M r Lyell, be a Committee 
to prepare and lay before this House, a Draught of an Ad- 
dress to His Excellency to that purpose 

Then the House adjourned to 

Friday May 30 th 1740 

Present 

Jn Reading ^ 

Jn Rodman 
Rich d Smith [ Esq" 

Rob* Hunter Morris j 


Fenwick Lyell 

The Sherriff of Burlington, in pursuance of the Order of 
Yesterday, brought to the Barr of the House Peter Savery, 
Serjeant at Arms : and the said Peter Savery having acknowl- 
edged his Fault, and promised a punctual obedience to the 
Orders of this House hereafter 

Ordered, That the said Peter Savery be discharged from 
the Custody of the Sherriff of Burlington 

M r Rodman from the Committee to whom the Bill entitled 
an Act for restraining the burning of the Woods &c a was 
referr'd, reported that they had gone through, and made an 
Amendment to the same which was read in its place & agreed 
to by the House 

1 See ante, p. 121. 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 149 

Ordered, That M r Rodman do carry the said Bill with the 
amendment made thereto, to the House of Assembly for their 
Concurrence 

Then the House adjourned to 



Saterday May 31 st 1740 

Present 

John Reading ^| 

John Rodman 

Rich d Smith j> Esq rs 

Rob : Hunter Morris j 
Fenwick Lyell J 

M r Morris reported that in obedience to the order of this 
House, he had Carried down to the House of Assembly the 
Bill entitled an Act for Naturalizing Johannes Martinus 
Vanharlinghen 

M r Rodman reported, that in obedience to the order of this 
House, he had Carried down to the House of Assembly the 
Bill intitled an Act for restraining the burning of the Woods 
&c a 

Then the House adjourned to 



Munday June 2 d 

Present 

John Rodman ^j 

Rich d Smith 
Ro : Hunter Morris f 
Fenwick Lyell J 

The House adjourned to 



150 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Tuesday June 3 d 1740 

Present 

John Reading ") 

John Rodman 

Rich d Smith j Esq" 

Rob : Hunter Morris | 
Fenwick Lyell 

Doct r Johnston and M r Hancock, from the House of 
Assembly brought Back the Bill entitled an Act for restrain- 
ing the burning of the Woods &c a with the Amendment 
made by this House, to which that House agrees, and have 
made one Amendment thereunto, to which They desire the 
Concurrence of this House 

Peter Savery, Serjeant at Arms, acquainted the House, that 
he now had Cornelius Vanhorne Esq r in his Custody, and 
was ready to bring him to the Barr of this House, pursuant 
to a former Order 

Ordered, That the Serjeant at Arms do immediatly bring 
Cornelius Vanljorne Esq r to the barr of this House 

The Serjeant at Arms having brought M r Vanhorne to 
the Barr of the House, and He having made acknowledg- 
ment and Submission, and promise of a more Constant At- 
tendance on the Service of this House hereafter ; 

Ordered, That M r Vanhorne do take his Seat in the House 

M r Smith from the Committee to whom the Bill entitled 
an Act concerning the Acknowledging and registring of 
Deeds &c* was referr'd, reported that they had gone thro' 
and made Several amendments, to the same, which were read 
in their places and agreed to by the House 

Ordered, That M r Smith do carry the said Bill with the 
Amendments made thereto to the House of Assembly for 
their Concurrence. 

M r Pearson, and M r Eaton, from the House of Assembly, 
brought back the Bill entitled an Act to oblige the Several 
SherrifFs of this Province to give Security &o a with several 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 151 

Amendments made thereto by that House, for the Concur- 
rence of this House. 

Then the House adjourned to 



Wednesday June 4 th 1740 

Present 

John Reading "^ - 

Cornelius Vanhorn 
John Rodman _ n 

Rich d Smith 
Rob* Hunter Morris j 
Fenwick Lyell j 

M r Smith reported, that in obedience to the order of this 
House, he had carried down to the House of Assembly, the 
Bill entitled an Act, concerning the acknowledging and 
registring of Deeds &c a 

M r Learning, and M r Leonard, from the House of Assem- 
bly, brought back the Bill entitled an Act concerning the 
Acknowledging and registring of Deeds &c a with the Coun- 
cil's Amendments thereto, to all which Amendments that 
House agrees except the first, and do adhere to the Bill in 
the part mentioned in the said first Amendment. 

The Bill entitled an Act for restraining the burning of the 
woods &c a with the Amendments made by the House of 
Assembly, to the Amendment made by this House to the said 
Bill was read and agreed to. 

Ordered That the Bill with the Amendm* 8 &c a be engross'd 

M r Rodman from the Committee to whom the Bill entitled 
an Act to lay certain Taxes on Hawkers &c a was referr'd 
reported that they had gone thro' the same and made Several 
Amendments thereto, which were read in their places and 
agreed to by the House 

Ordered, That M r Rodman do carry down the said Bill 
with the Amendments, to the House of Assembly for their 
Concurrence 



152 



NEW JERSEY COLONIAL DOCUMENTS. 



[1740 



Do r Johnston and M r Low, from the House of Assembly, 
brought back the Bill entitled an Act for Naturalizing 
Johannes Martinus Vanharlinghen to which Bill that House 
has agreed without any Amendments. 

M r Morris, from the Committee to whom the Bill entitled 
an Act for the Septennial Electing of Representatives to 
serve in General Assembly of this Province was referr'd, 
reported the same without any Amendments 

Ordered, That the s d Bill be read a third time; which 
being done and the Question put 

Resolved, That the said Bill do pass. 

Ordered. That M r Morris do acquaint the House of Assem- 
bly therewith 

Then the House adjourned to 



Thursday June 5 th 1740 

Present 

John Reading ^ 

Corn 8 Van Home 
John Rodman 
Rich d Smith 
Ro: Hunter Morris | 
Fenw k Lyell 



Esq r 



M r Lyell from the Committee to whom the Bill Entitled 
an Act, to Explain what shall be a Legal Settlement &c a was 
referr'd, reported that they had gone thro' the same and had 
made several Amendments thereto, which Amendments were 
read in their places, and agreed to by the House. 

Ordered, That M r Lyell do carry down to the House of 
Assembly the s d Bill with the Amendments, for the Concur- 
rence of that House. 

M r Morris reported, that in Obedience to the Order of 
yesterday he had acquainted the House of Assembly, that 
this House had passed the Bill entitled an Act for the Sep- 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 153 

tennial Electing of Representatives to Serve in General 
Assembly of this Province 

M r Lyell reported that he had obeyed the above order of 
this House 

M r Hude, and M r Low, from the House of Assembly, 
brought up the Engross'd Bill entitled an Act to lay certain 
Taxes, on Hawkers, Pedlars or Petty Chapmen within this 
Province that House having passed the said Bill with the 
Amendm' 8 made thereto by this House 

Ordered, That M r Reading, M r Smith, and M r Morris be 
a Committee to Examine the Treasures accompts 

Then the House adjourned to 

Friday June 6 th 

Present 

John Reading "^ 
Jn Rodman 
Rich d Smith f Es( T 
Fenwick Lyell J 



Then the House adjourned to 

Saterday June 7 th 1740 
~) 



Present 
John Reading 
John Rodman 
Rich d Smith }> Esq rs 

Ro : Hunter Morris j 
Fenwick Lyell J 



A Message from the House of Assembly of the 5 th desir- 
ing that this House will appoint a Committee to Join a Com- 
mittee of that House to burn the Cancelled money &c a 

Ordered, That the Committee appointed to Examine the 
Treasures Acco" be a Committee for that purpose 



154 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Ordered, That M r Smith do acquaint the House of Assem- 
bly therewith. 

The Engrossed Bill entitled an Act for restraining the 
burning of the Woods, Marshes and Meadows was read and 
Compared 

Resolved, That the said Bill do pass ; 

Ordered, That M r Smith do carry down the said Bill with 
the Amendments, to the House of Assembly to be compared 
and Signed 

A Message from the House of Assembly, by M r Stacy and 
M r Vanbuskirk desiring to know what progress this House 
has made in the Bill entitled an Act for the more easy and 
Speedy recovery of Small debts Sent up from that House 
the first day of May last 

Ordered, That M r Smith do acquaint the House of Assem- 
bly, that the said Bill has been twice read, and Committed, 
but is not yet reported. 

M r Rolph, and M r Learning Jun r from the House of 
Assembly, brought up the Engrossed Bill entitled an Act to 
Explain what shall be a Legal Settlement for any Person in 
this Province, thfct House, having agreed to all the Amendm 4 * 
made thereto by this House 

Which engrossed Bill with the Amendments being read 
and Compared 

Resolved That the same do pass. 

M r Pearson and M r Hude From the House of Assembly , 
brought up a Bill entitled an Act for regulating Ditch, 
Hedge, & Creek Fence, and draining of Inland Meadow, 
wet or low land, for the Concurrence of this House, which 
Bill was read the first time, and ordered a Second Reading 

M r Morris, from the Committee to whom the Bill entitled 
an Act for the preventing the Waste of Timber &c a in the 
Town and Corporation of Bergen was referr'd, reported that 
they had gone thro' and made Several Amendments to the 
same which were read in their places ; and on the Question 
put, whether the House agree to the Amendments made to 
the said bill, it was carried in the Negative ; 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 155 

Ordered Nem : Con : that y e s d Bill be recommitted to M r 
Rodman & M r Lyell 

Then the House adjourned to 



Tuesday June 10 th 1740 

Present 

John Reading "^ 

John Rodman 
Rich d Smith 
Ro: Hunter Morris j 
Fen wick Lyell J 

M r Smith, reported, that he had obeyed the several Orders 
of this House of y e 7 th 

M r Low, and M r Pease from the House of Assembly 
brought up the Bill entitled an Act for raising of money for 
finishing and Compleating the Goal and Court House already 
erected, at Newark, in the County of Essex, for the Concur- 
rence of this House, which was read the first time, and 
ordered a Second reading. 

M r Mickle, and M r Vandervere from the House of Assem- 
bly, brought back, the Engrossed Bill entitled an Act for 
restraining the burning of the Woods Marshes and Meadows 
the same having been Signed by the Speaker of that House. 

The Bill entitled an Act for regulating Ditch, Hedge and 
Creek Fence &c a was read the Second time and on the Ques- 
tion [being] put whether the said Bill be Committed it was 
Carried in the Negative, 

Then the Question was put whether the said bill be 
rejected ? 

And carried in the affirmative. 

M r Johnston Treasurer of the Eastern Division of this 
Province laid his acco ts before the House 

Ordered that the said acco ts do lie upon the Table 

The Bill entitled an Act to oblige the several Sherriffs &c a 
with the Amendments Made thereto by the House of Assem- 



156 NEW JERSEY COLONIAL DOCUMENTS. [1740 

bly was read and on the Question put whether this House 
does agree to the & d Amendments or not ? 

It was carried that this House agrees to the two first 
Amendments, & disagrees to all the Rest 

Ordered, That M r Rodman do acquaint the House of 
Assembly therewith 

Then the House adjourned to 



Wednesday June 11 th 1740 

Present 

John Hamilton ") 
John Reading 
John Rodman ^ Esq 
Rich d Smith 
Fenwick Lyell J 

The Bill entitled an Act for raising of money for finishing 
and Compleat g the Goal and Court House already erected at 
Newark in the County of Essex was read a Second time, and 
Committed to M ? Reading M r Smith, and M r Lyell 

Then the House adjourned to 



Thursday June 12 th 1740 

Present 

John Hamilton 
John Reading 
John Rodman 
Rich d Smith ( 



Rob : Hunter Morris 
Fenwick Lyell 






M r Vanmiddleswart and M r Hude, from the House of 
Assembly, brought in a Bill entitled an Act to Annex part 
of the County of Essex to the County of Somerset for the 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 157 

Concurrence of this House which was read the first time and 

ordered a Second reading. 

M r Reading moved for leave to be absent tell Tuesday next 
Ordered, that M r Reading have leave accordingly. 
Then the House adjourned to 



Friday June 13 th 1740 

Present 

John Hamilton "} 

John Rodman 

Rich d Smith J> Esq 

Rob : Hunter Morris j 
Fen wick Lyell 

The Bill entitled an Act to annex part of the County of 
Essex to the County of Somerset &c a was read a Second time 
and ordered a third reading. 

The Bill entitled an Act Concerning the Acknowledging 
and registring of Deeds &c a with the Message from the 
House of Assembly of the 4 th Ins 1 concerning the Same, was 
taken into Consideration, and on the Question put, whether 
this House do adhere to their said first Amendment? it was 
carried in the affirmative. 

Then the Question was put, whether this House demand a 
Conferrence w th the House of Assembly on the matter of the 
said first Amendment ? and carried in the affirmative 

Ordered That M r Rodman do acquaint the House of 
Assembly y* this House desires that House will appoint a 
Comittee, to conferr with a Comittee of this House, on the first 
Amendment made by this House to the Bill Entitled an Act 
concerning the acknowleding and registring of Deeds &c a 

Then the House adjourned to 



158 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Saterday June 14 th 1740 

Present 

John Hamilton "^ 
John Rodman 

Rich* Smith j> Esq r " 

Ro : Hunter Morris 
Fenwick Lyell 

M r Rodman reported that he had obeyed the order of this 
House of Yesterday. 

M r Stacy and M r Johnston from the House of Assembly, 
brought up a Bill entitled an Act the better to Enable 
Creditors to obtaine Satisfaction of their Recoveries &c a for 
the Concurrence of this House, which was read the first time 
and ordered a Second Reading 

A Message by M r Hancock, and M r Rolph from the House 
of Assembly That, that House has appointed Coll Farmer 
M r Eaton, M r Low M r Cooper M r Learning, and M r Benja- 
min Smith to be a Committee to Conferr with a Committee 
of this House on the first Amendment made to the Bill 
entitled an Act concerning the acknowledging and registring 
of Deeds &c a and desire that this House will appoint time 
and place 

Ordered That M r Rodman, M r Morris, & M r Lyell be a 
Comittee accordingly ; and that they do meet at the House 
of Joseph Rockhill on Munday next at 6 : in the Evening, 
and that M r Smith do acquaint the House of Assembly 
therewith 

Then the House adjourned to 

Munday June 16 th 1740 

Present 

John Hamilton ^ 
John Rodman 

Rich d Smith j> Esq 

Rob. Hunter Morris j 
Fenwick Lyell 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 159 

M r Smith reported, that he had obeyed the order of this 
House of Saterday last 

M r Lyell from the Committee to whom the Bill entitled 
an Act for the Preventing the Waste of Timber &c a in the 
Town and Corporation of Bergen was referr'd; reported 
that they had gone thro' and made Several Amendm* 8 to the 
same which were read in their places and on the Question 
put ? wheth r this House agrees to the said Amendments ? it 
was carried in the affirmative 

Ordered That M r Lyell do carry down the said Bill with 
the Amendm ta to the House of Assembly for their Concur- 
rence 

The Petition of Andrew Joline in behalf of himself and 
others Freeholders and Inhabitants of the Township of 
Elizabeth Town in the County of Essex praying that this 
House will not pass the Bill entitled an Act for raiseing 
money for finishing and Compleating the Goal &c a in New- 
ark and setting forth several matters of fact whereon they 
ground their said Prayer, was read. 

Ordered That the said Petitioner Attend this House on 
Munday 22 d Ins* to prove the matters in said Petition con- 
tained, and that the s d Petition 1 and the Freeholders of 
Newark & Achquachanunc be served with a Copy of this 
order by the Clerk of this House 

M r Lyell from the Comittee to whom the Bill entitled an 
Act for raising of money for finishing and Compleating the 
Goal &c a in Newark was referr'd reported that they had 
gone thro' and made several Amendments to the same which 
were [read] in their places. 

Ordered, That the Consideration of the said Bill, and 
report thereon, be deferr'd till the above mentioned Peti- 
tioners have been heard to their said Petition 

The Bill entitled an Act the better to enable Creditors to 
obtain Satisfaction of their Recoverys &c a was read a Second 
time and comitted to M r Morris, and M r Lyell 

Then the House adjourned to 



160 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Tuesday June 17 th 1740 

Present 

John Hamilton ^ 

John Rodman 

Rich d Smith '} Esq 

Rob: Hunter Morris j 
Fenwick Lyell 

Coll Farmer & M r Damarest from the House of Assem- 
bly, brought up the Bill entitled an Act for Naturalizing 
Peter Soulard, for the Concurrence of this House which was 
read the first time and ordered a Second reading 

The Bill entitled an Act to annex part of the County of 
Essex to the County of Somerset &c a was read the third 
time, and on the question put 

Resolved that the same do pass ; 

Ordered That M r Lyell do acquaint the House of Assem- 
bly therewith 

M r Lyell reported that he had obeyed y e above order of 
this House 

M r Rodman, from the Committee appointed to Conferr 
with the Committee of the House of Assembly, on the first 
Amendment made to the Bill Entitled an Act concerning 
the Acknowledging and registring of Deeds &c a reported 
that at the Conference it was agreed that the Judges should 
remain but that the Justices should be struck out 

Then the House adjourned to 

Thursday June 19 th 1740 

Present 

John Hamilton ^ 
John Reading 

John Rodman }> Esq 

Rich d Smith 
Ro : Hunter Morris J 






1740] JOURNAL OP THE PROVINCIAL COUNCIL. 161 

The Report of the Committee of this House appointed to 
conferr with a Committee of the House of Assembly on the 
first Amendment made to the Bill entitled an Act concerning 
the Acknowledging and registring of Deeds &c a was taken 
into Consideration, and on the Question whether this House 
agrees to the said report ? It was carried in the affirmative 

Ordered, That an Amendment be made accordingly, and 
That M r Rodman do Carry down the Bill and acquaint the 
House of Assembly That this House agrees to the report of 
the Committee 

M r Morris, from the Committee to whom the Bill entitled 
an Act for the more easy and Speedy recovery of Small 
debts was referr'd reported that they had gone through and 
made several Amendments to the same which were read, in 
their places, and agreed to by the House 

Ordered That M r Morris do carry down to the House of 
Assembly the said Bill with the Amendments made thereto 
by this House, for their Concurrence 

M r Cooper and M r Vandevere from the House of Assem- 
bly, broug* back the Bill entitled an act for preventing 
the Waste of Timber &c a with the Amendments made 
thereto by this House ; to all which amendments that House 
disagrees, and adheres to the Bill 

M r Learning and M r Vanbuskirk from the House of As- 
sembly bro* up the Bill entitled an Act for defraying the 
Contingent Charges of this Governm' for the Concurrence of 
this House which was read the first time and ordered a 
Second Reading 

The Bill entitled an Act for Naturalizing Peter Soulard 
was read a Second time and ordered a third reading 

M r Morris from the Committee to whom the Bill entitled 
an Act the better to Enable Creditors to obtain Satisfaction 
of their Recoveries <fec a was referr'd, reported that they had 
gone through the same and made one Amendment thereto 
which being read in its place was agreed to by the House 

Ordered that M r Morris do carry down the said Bill with 

11 



162 NEW JERSEY COLONIAL DOCUMENTS. [1740 

the Amendm' Made thereto, to the House of Assembly for 
their Concurrence 

Then the House adjourned to 

Friday June 20 th 1740 

Present 

John Hamilton ^ 

John Reading 

John Rodman }- Esq 

Rich d Smith 
Ro : Hunter Morris J 

M r Rodman reported, that he had obeyed the order of this 
House of Yesterday 

M r Morris reported that he had obey'd the two orders of 
this House of yesterday 

The Bill entitled an Act for Naturalizing Peter Soulard, 
was read the third time, and on the Question put 

Resolved that the same do pass. 

Ordered That M r Smith do acquaint the House of Assem- 
bly therewith 

D r Johnston and M r Benjamin Smith from the House of 
Assembly bro* up the Engrossed Bill, entitled an Act the 
better to Enable Creditors to obtain Satisfaction of their 
Recoveries &c a that House having agreed to the Amendment 
made thereto by this House which Engrossed Bill with the 
Amendment being read and Compared ; 

Resolved That the same do pass 

Then the House adjourned to 

Saterday June 21 st 1740 

Present 

John Hamilton ^) 
John Reading 

John Rodman ^ Esq 

Rich d Smith 
Ro : Hunter Morris J 






1740] JOURNAL OF THE PROVINCIAL COUNCIL. 163 

M r Morris by order of His Excellency, laid before the 
House a Letter from the Lords of Trade, to His Excellency, 
dated at White Hall March 7 th 1739, which was read 

Ordered That the said Letters be Entered in the Minutes 
of this House and it is as follows Viz' 

Duplicate White Hall March 7 th 1739 1 

Sir 

Since our Letter to you of November 2 d 1738 We have 
received yours of May 26 th 1739, Transmitting your Speech 
to the Council and Assembly with nine Acts one dated the 
4 th October relating also to the Differance between the Coun- 
cil and Assembly, as to the Application of Publick money 
together with one of the 6 th Decem r last concerning the Paper 
Currency in New Jersey 

We are Concerned to find by your said Letters of 26 th 
May & 4 th of October that the People of New Jersey have 
made no better return to His Majesty for his Gracious Con- 
descension to their request in granting them a Separate Gov- 
ernour, and that they have put you under Such Difficulties 
in the very Infancy of your Government as have obliged 
you to dissolve after one Session only, The first General 
Assembly you had Summoned together 2 

As to the dispute that has Given rise to the ill Under- 
standing betwixt the Council and Assembly on account of 
the Conference Demanded by the Council on the Subject 
matter of the Bill for the Support of Government, which 
the Assembly refused, aledging that the Council had no Right 
to alter the Substance of the said Bill or to Conferr thereon 
We apprehend the Assembly have done wrong because the 
Council have an Undoubted Right to alter money Bills Sent 
up to them from the Assembly 

As to the rest we are Clearly of Opinion that whenever 
money is left by Act of Assembly to the future Disposition 

1 1740, N. S. 

2 Governor Clarke, of New York, wrote home that the precedent thus set by the 
New Jersey Assembly was too strong to enable him to exact a general revenue from 
his Legislature. N. Y. Col. Hoes., VI., 169. 



164 NEW JERSEY COLONIAL DOCUMENTS. [174O 

of the Governour Council and Assembly it is left to their 
Disposition in their Legislative Capacity only & no other 
ways and consequently, that no two Branches of the Legis- 
lative can dispose of it without the Concurrence of the third 
in an Act to be past by them for that purpose 

We shall be glad to hear in your next, that the hopes you 
have conceived, however faint you represent them to be, of 
reducing things to some better condition, may not prove 
abortive, so we bid you farewell and are 

Your very loveing Friends 

& Humble Servants 
Signed MONSON 

R PLUMER 
JA : BRADENELL 
AR. CROFT 
Honourable Lewis Morris Esq r Govern 1 of New Jersey 

M r Vanbuskirk, and M r learning from the House of 
Assembly brought up the Engrossed Bill entitled an Act for 
the Acknowledging and registring of Deeds &c a with the 
Amendment tHereto agreed on at the Conferrance which 
being read and Compared ; 

Resolved That the same do pass ; 

M r Smith reported, that he had obeyed the order of thi& 
House of yesterday 

Then the House adjourned to 



Munday June 23 d 1740 

Present 

John Hamilton ^j 

John Reading 

John Rodman }- Esq r 

Rich d Smith 
Ro : Hunter Morris J 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 165 

M r Stacy, and M r Leonard, from the House of Assembly, 
brought up the Engrossed Bill entitled an Act to Erect and 
Establish Courts in the several Counties of this Province, for 
Tryal of small Causes, that House having agreed to all the 
Amendments made thereto by this House which Engrossed 
Bill with the Amendments, being read and Compared 

Resolved, That the same do pass. 

Pursuant to the order of this House of y e 16 th several of 
the Justices and Freeholders of Elizabeth Town, Newark, 
and Ackquakanung in the County of Essex attended, and 
were Examined touching the facts set forth in the Petition of 
Andrew Joline, against passing the Bill entitled an Act for 
raising money for furnishing & compleating the Goal already 
erected at Newark &c a and it Appearing to the House, that 
the Allegations in the said Petition are altogether groundless. 

Ordered That the said Bill with the Amendments made 
thereto by the Committee, be now read, which was done 
accordingly and agreed to by the House 

Resolved That the said Bill with the Amendments pass. 

Ordered That M r Smith do carry down the said Bill with 
the Amendm* to the House of Assembly for their Concur- 
rence. 

Then the House adjourned to 

Tuesday June 24 th 1740 

Present 

John Hamilton "^ 

John Reading 

John Rodman }- Esq" 

Rich d Smith 
Ro : Hunter Morris J 

The Bill entitled an Act for defraying the Contingent 
"Charges of the Government was read a Second time 

And on the question whether the said Bill be Committed ? 
it was Carried in the Negative 



166 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Then the Question was put wether the said Bill be read 
a third time and carried in the affirmative 

Ordered That the said Bill be read a third time 

M r Morris protested against reading the said Bill a third 
time for the Reasons following 

1" For that the Bill impowers a Committee of the House 
of representatives to appoint the Printers of the Laws of 
this province, which is to take to themselves his Majestys 
well known right and at the same time to Render useless a 
patent long since granted by his Majesty to one for that Pur- 
pose, against whom no complaints have been made and is an 
attempt to render the publick officers of the government 
dependant wholly on their House. 

2 dly For that there is not any allowance provided by the 
Bill for the Clerk of the Councills attendance during the 
Last Long session of General Assembly nor for his attend- 
ance and publick services done and to be done by him this 
session which is in itself unjust greatly tending to prevent 
and retard the publick business of the Councill or laying 
them under the necessity of paying a clerk at their own 
private ExpenceSmd distressing that necessary officer who is 
equally intituled to a like Reward for like services and 
attendance as the Clerk of the House of Representatives is 
entitled unto for whom they take care to make provision in 
the said Bill 

3<y F or that there is not any provision made by the said 
bill to defray the necessary and incidental charges of the 
government arising from unforeseen accidents of which there 
may be many and more Pressing occasions at this time espe- 
cially, when his Majesty has been pleased to declare a most 
Just warr against the King of spain and the want thereof 
must at all times necessarily tend to interupt a Just and due 
administration of the Government 

4>iy -por that the Councill being a part of the Legislature 
of this province have an undoubted Right as well by the 
Laws of the province as by His Majesty's patent to his gov- 
ernor to ammend, alter, or begin any bill for the disposition. 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 167 

of the publick money and the not making those amendments 
that we conceive necessary for the Publick good is in my 
opinion betraying the trust reposed in us by his Majesty and 
tends in its consequences to lessen the authority of the Coun- 
cill and to Exclude them from that share in Legislasion his 
Majesty intends we should Enjoy 

For which Reasons I do protest against reading the said 
Bill the third time without being amended in the above par- 
ticulars and proper provisions therein made 

ROB* H : MORRIS, 

Then the House adjourned to 



Wednesday June 25 th 1740 

Present ' 

John Hamilton ^ 

John Reading 

John Rodman }> Esq 

Ro: Hunter Morris j 
Rich d Smith J 

M r Low, and M r Smith from the House of Assembly, 
brought back the Bill entitled an Act, for raising of Money, 
for Finishing and Compleating the Goal and Court House 
&c a at Newark &c a with the Amendments made thereto by 
this House, to all which Amendments that House agrees, 
except the Fourth, Fifth, Sixth, and Seventh, and, adhere 
to the Bill in the parts mentioned therein. 

Which being taken into Consideration, and on the question 
put, whether the House do adhere to their said Amendments, 
it was carried in the Negative 

Ordered, That M r Smith carry down the said Bill to the 
House of Assembly and acquaint them that this House does 
recede from the 4 th 5 th 6 th & 7 th Amendments made thereto 

Then the House adjourned to 



168 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Thursday June 26 th 

Present 

John Hamilton ") 

John Reading 

John Rodman } Esq" 

Rich* Smith 
Rob : Hun r Morris J 

The House took into Consideration, the Message from the 
House of Assembly of the 19 th by M r Cooper, & M r Van- 
devere, concerning the Bill entitled an Act, for preventing 
the Waste of Timber &c a and the Question being put whether 
the House adhere to their own Amendments made to the 
said Bill it was carried in y 9 Affirmative 

Then the question was put whether a Conferrance be 
Demanded with the House of Assembly on the subject matter 
of the said Amendment ? and carried in the Negative 

Then the House adjourned to 

Friday June 27 th 1740 

Present 

John Hamilton ~) 
John Reading 
John Rodman }> Esq 

Rich d Smith 
Rob. Hunt. Morris J 

M r Hude, & M r Low, from the House of Assembly, 
brought up the Engrossed Bill entitled an Act, for raising of 
money for Finishing the Goal at Newark &c a which being 
read and compared, 

Resolved, That the same do pass. 

Then the House adjourned to 

Saterday June 28 th 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 169 

Adj d to Munday June 30 
Adj d to Tuesday July 1" 
Adj d to Wednesday July 2 d 
Adj d to Thursday July 3 d 

Present 

John Hamilton ^ 
John Rodman 

Rich d Smith j Esq 

Rob : Hunter Morris j 
Fenwick Lyell 

Ool Farmer, M r Leonard, M r Low, M r Learning, and M r 
Hude from the House of Assembly, brought up the Bill 
entitled an Act for making Current Two thousand pounds in 
Bills of Credit for Victualling and Transporting the Troops 
&c a for the Concurrence of this House which was read, the 
first time and ordered a Second reading 

Then the House adjourned to 

Friday July 4 th 1740 

Present 

John Hamilton ^ 
John Rodman 
Rich d Smith ')> Esq ra 

Ro: Hunt' Morris j 
Fenwick Lyell J 

The Bill entitled an Act for making Current Two Thou- 
sand Pounds in Bills of Credit &c a was read a Second time, 
and debates arising thereon, the question was put whether a 
General Conferrence be desired with the House of Assembly 
and carried in the affirmative 



170 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Resolved, That M r Rodman, M r Smith, M r Morris and 
M r Lyell be a Committee to that purpose 

Ordered, That M r Smith $0 in the name of this House, 
desire a General Conferrence with the House of Assembly ; 
and acquaint that House, that this House has already ap- 
pointed M r Rodman, M r Smith, M r Morris, and M r Lyell to 
be a Committee to conferr with such Committee as shall be 
by that House appointed to that Purpose 

A Message from the House of Assembly, by M r Learning 
& M r Vandevere That, that House has appointed M r Richard 
Smith of Burlington, M r Eaton M r Cooper, M r Low, M r 
Leonard M r Hude, M r Cook, and M r Rolph to be a Com- 
mittee on the General Conference desired by this House, to- 
meet at the time and place by this House appointed 

Then the House adjourned to 



Saterday July 5 th 1740 

Present 

John Hamilton ") 

John Rodman 

Rich d Smith j> Esq 

Ro : Hunt 1 Morris 
Fen wick Lyell 

M r Rodman from the Committee appointed to Conferr with 
the Comittee of the House of Assembly reported, That they 
had met with a Committee of that House, and had proposed 
to them that several Amendments should be made to the Bill 
Entitled an Act for making current Two Thousand pounds 
for Viet 8 &c a 

1 st That by the same Bill, Provision should be made for 
" other Necessarys besides the bare victualling and Transport- 
" ing such Troops as shall be raised in this Province pursuant to 
" His Majesty's Instructions to His Excellency the Governour,. 
" which Victualling and Transporting seem'd to this Comit- 






1740] JOURNAL OF THE PROVINCIAL COUNCIL. 171 

" tee to be the only Things provided for by the said Bill as it 
" now is worded 

2 dly That by the same Bill Direction should have been to the 
" Trustees therein Mentioned to make payment of so much 
" of the moneys hereby applyed as should be found necessary 
"for the several purposes thereof, By virtue of warrants 
" to be under the Seal of the Governour or Commander in 
" Chief of this Province Signed in Council, pursuant to 
" another of His Majesties Instruction's &c 

" 3 dly That by the same Bill, the said Trustees should have 
" been made accountable for the moneys therein mentioned to 
" the General Assembly of this Province & not to the Assem- 
" bly only 

<( 4thi y That by the same Bill the Governour or Commander 
" in Chief of this Province should have had the Direction of 
" what Ships, and other Vessels should be hired and of the 
" quantity of the Provisions and other Necessarys to be pro- 
" vided for the Transporting the Troops afores d as far as the 
" moneys in the Bill mentioned wo'd Extend of which the 
" Trustees aforesaid ought not to have been the Judges, as by 
" the wording of the same Bill seems to be intended 

To All or any of which Amendments so proposed to b& 
made The Committee of the House of Assembly had without 
offering any Reason's refused to Assent unto 

The Bill entitled an Act for making Current Two Thou- 
sand Pounds &c ft was read, a third time, and on the question 
put whether the same do pass? it was carried in the affirma- 
tive ; each of the Members present assigning as the Cause of 
His assent to the said Bill (as now worded) The necessity 
thereof lest the proposed Exped n should through want of the 
same be retarded 

Resolved, That the said Bill do pass. 

Ordered, That M r Rodman do acquaint the House of 
Assembly therew th 

The Bill entitled an Act for defraying the Contingent 
Charge &e* was read a third time, and on the question put 
whether the said Bill do pass ? it was Carried in the Negative 



172 



NEW JERSEY COLONIAL DOCUMENTS. 



[1740 



His Excellency, having required by Message the Attend- 
ance of this House & the House of Assembly was pleased to 
Command them to adjourn to Munday the 21 8t Ins 1 



Adjourn d to 



Munday July 21 st 1740 

Present 

John Rodman 'j 
Richard Smith V 
Ro : Hun r Morris J 



Tuesday 22 d July 



Adjour d to 



Adjourn d to 



Wednesday July 23 d 

Present 
The same 



Thursday July 24 th 

Present 

John Hamilton ") 
John Rodman 

Rich d Smith f Es( l r 

i 

Ro : Hunter Morris J 



Adjourned to 



Adjour d to 



Friday July 25 th 
Present the same 



1740] JOURNAL OF THE PROVINCIAL COUNCIL. 173 

Saterday July 26 
Present the same 

Adjour d to Munday July 28 th 

Present the same 
Adjourned to 

Tuesday July 29 th - 

Present 

John Hamilton "") 
John Reading 
John Rodman J> Esq 
Rich d Smith 
Rob' Hun r Morris J 

Adjourned to Wednesday July 30 th 
Present the same 

M r Morris, from the Committee appointed to examine the 
Treasures Acco* 3 reported the State of the said Acco" which 
were read, and approved of and are as follows. 

M r Morris also from the Committee appointed to join a 
Committee of the House of Assembly to burn the Cancelled 
money &c a reported that the said Committees had seen several 
Bundles of Cancelled money burnt and destroyed and that 
they had Stated an Acco* thereof which is as follows. 

The Committee appointed to examine the Treasures Ac- 
compts having carefully examined the same do agree that 
Robert Hunter Morris from the said Committee do make fol- 
lowing Report to the House Contain'd in the following 
accompt 



174 



NE\V JERSEY COLONIAL DOCUMENTS. 



[1740 



D r John Allen Treasurer of the Western Division C r 
of the Province of New Jersey 

Support of Government 



To Arreage in Burling- 
ton County as the y e 
Same was reported in 
1738 ....30,, 5,, 

To the ballance remains 
due in his hands at 
last Settlem* for Sup- 
port and Interest 1217,, 0,, 



Interest money pay 8 

To Sundry Deficiencies 
in the Several Loan 
Offices at last Settlera* 
in 1738 and since in 
the Countys following 
Viz' 

Hunterdon ... 22 3 ,, 7% 

Burlington 17,, 1,,-y 

Salem ,,4,,6f 

Cape May 4 ,. 



To Interest money pay- 
able from the West- 
ern Counties for the 
20,,000 in 173ft 

Hunterdon.. 61 

Burlington.. 105 

Gloucester....,, 72 

Salem 123 



39,, 13,, 10| 



Cape May.... 25, 



To Interest money pay" 
from the Western 
Counties for the 
40,,000 in 1739 

Hunterdon 128 

Burlington 

Gloucester. 

Salem 

Cape May. . 



-388 17 3 



A, l-O 

,,2l8 


10, 


,,150 


10, 


,,255 


4, 


53 


8, 



805 ,,12,, 



2481,, 8,,10J 



By a Deficiency at 
last Settlem' in the 
County of Burling- 
ton still unp d 

By Sundry Denciences 
in the "first 40, ,000 
Still unpd by the 
Counties following 
Hunterdon, as by the 
sd Treasures accounts 
said to be due from 
the Estate of James 
Trent late Commissr 
deceased.. 22 3 7% 
Burlington 13 ,,7 ,,1% 
Cape May... ,,4,,7?4 



30,, 5 ,,8 



35 ,,15,, 



By a Deficiency in 

the County of 

Hunterdon part of 

the first years In- 
terest arising o f 

the 20.,000 as 

by the s d Treasures 

Acco* said to be 

due from the 

Estate of James 

Trent late Corn- 
miss' of the Loan 

Office of s d County 

deceased. 34 ,,10,,- 

By Sundry Warrants 

& Certificates pro- 
duced & endorsed 

by order of the 

Committee as ac- 

counted for 

amounting in the 

whole to the Sum 1 

of one thousand 

ninety seven 

Pounds nine shill- 

ings and five 

pence 1897,,9,,5 

Ballance due 483 8 4J 

2481 ,,8 10$ 






1 One thousand eight hundred and ninety-seven, &c. Other errors made, doubtless, 
in copying. 



1740] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



175 



It also appeareth to 
the said Committee 
by y Report of 
the last Settlement 
that there re- 
mained then in 
the said Treasur- 
ers hands part of 
the 4000, the Sum 
of 458,, 9 ,,6 and 
that the said Sum 
is Still in his hands 
uncancelled 458 9 6 



The Committee 

waited on the 
Govern 1 in Coim- 
cil, and saw Burnt 
and destroyed in 
part of the Sum 
mentioned to be in 
y e hands of s d 
Treasurer uncan- 
celled in old Bills 
dated 1724 the 
Sumof146,,7,,6, 
and in Bills dated 
1728 also the sum 
of 58 13 6 
which last Sum is 
in lieu of the same 
Sum burnt and de- 
stroyed by Mich 1 
Kearny last Settle- 
Da* in bills dated 
1724 which oug* 
to have been in 
bills dated 1728... 205 1 

Remaining in his 
hands to be can- 
celled and de- 
stroyed in Bills 
dated 1724 if to be 
found the Sum of.. 253 8 6 



458,, 9,, 6 



By order of the Committee 

ROB* HUNTER MORRIS 



The said Committee do further agree that Robert Hunter 
Morris from the said Committee do make the following 
Report to the House contained in the following Accompt 



176 



NEW JERSEY COLONIAL DOCUMENTS. 



[174O 



D r Andrew Johnston Treasurer of the Eastern Division C r 
to the Province of New Jersey 



Support of Government 



To Sundry arrearages in 
thefollowingCounties 
as the same was re- 
ported at last iSettle- 
ment in 1738 viz* 
Middlesex... 18 18 5% 
Do in 1730 25,, 



Somerset 18,, 8 ,, 

Essex in 1734... 17 6 



43,,18,,5J 



19 ,,-,,6 



To a ballance last Settle- 
ment wh : was due 

from Michael Kear- 
ney late Treasurer & 

orderd to be p<* to An- 

drew Johnston 

present Treasurer... 567 l,,4f 
To the ballance remains 

in his hands at y e last 

Settlem* as ^ Report 

in 1738 1398,, 5,, 9 

To Sundry Dificiences 

in the Interest money 

as ^ Report last 

Settlement in the y r 

1738 in the following 

Counties viz* 

Bergen 21 , 4 

Essex ,, 80, 

Middlesex.. 156 , 



Somerset. 



97, 



Monmouth ,,285 , 



641,, 11,,!} 



To Interest money pay- 
able from the Eastern 
Counties for y e 20,,- 
000 in the year 1739 

Bergen 69 ,,14 8 

Essex , 116 ,,8 3 

Middlesex... 98 11 9 
Monmouth.. ,,146 ,. 2 3 
Somerset ,, 32 ,, 2 



To Interest money pay a 
from y e Eastern Coun- 
ties for the 40,,000 
in y yr 1739 

Bergen 144 , 6, 



Essex 240, 

Middlesex 201 , 

Monmouth.. 301 , 
Somerset 67 , 



1,,4 



By Sundry Deficieny f* 

Contra in the Co of 

Middlesex still out- 

standg ...... 18,,18,,5i 

ditto in 1730.. ,,25,, 
Somerset ....... ,18,, 3,, 

-- 62,, 

By the ballance due 

from M r Kearney 

at last Settlem* still 

remains unpaid ...... 567,, 

By Sundry Dificiences 

still unp d in the Int* 

money in the fol- 

lowing Counties viz* 
Bergen ....... 21,, 4,,9J 

Essex .......... , 72,, 6,,5J 

Middlesex..,, 38,,12,,7j 
Monmouth ,, 246 11 ,, 64 

--- 378 15 4| 

By Sundry Warrants 
& Certificates pro- 
duced, and endorsed 
by order of the 
Committee, as ac- 
counted for amounts 
in the whole to the 
sum of Two Thou- 
sand & thirty Eight 
pounds Seventeen 
Shillings ............. 2038,, 17,, 






462 ,,19,, 



954 ,,18,, 



Balance due 1040 18 11 J 




4087,,14,,2J 



4087 ,,14,, 2J 



JOURNAL OF THE PROVINCIAL COUNCIL. 



The Committee pro- 
ceeded further & ex- 
amined the acco 13 
relating to cancelling 
of such part of y e 
4000 pay a from the 
Eastern Division by 
Virtue of an Act 
passed in y e Year 1723 
for that purpose and 
find in said Treasures 
hands as "& last Settle- 
ment in y e y r 1738 
uncancelled the Sum 
of 184 ,,5,, which 
was laid before y r 
Comittee but for w h 
of the bills of Credit 
[dated] 1728 it is the 
opinion of the Comit- 
tee that it remain in 
his hands to be ex- 
changed for s d Bills... 184,, 5 

Also in the hands of 
Mich 1 Kearney late 
Treasurer ,,289,, 1,, 

In the County of Essex 
a Dificy since y e year 
1730 

In the County of Somer- 
set ditto 1,,18,, 



The Committee 

waited on the Gov- 

ernour in Council 

and Saw burnt and 

Destroyed in part 

of the sum men- 
tioned to be in the 

hands of Mich 1 

Kearney late 

Treasurer the Sum 

of.. 80 W 7,, 6 

Ballance Still ren.8 

uncancelled in said 

late Treasurers 

hands for w h of 

Bills dated 1728. .. 208 13 6 



289,, 1,, 



By Arrearages out- 
standing in the 
following Counties 
Viz' 

Essex 7 12 ,,5 

Somerset ,,1 18,, 7 



7 ,,12,, 5 



482 ,,17,, - 



9,,n,,- 

298 ,,12,, 

The Committee are of 
opinion that the said sum 
of 208 ,,13,, 6 d being the 
ball, now in the hands of 
the late Treasurer and also 
the Sum of 9 11 - 
Arrearages in said Counties 
ought Immediately to be 
paid to Andrew Johnston 
present Treasurer in order 
to be Exchanged for the 
bills dated 1728 

by order of the Committee 

Ro HUNTER MORRIS 

12 



178 



NEW JERSEY COLONIAL DOCUMENTS. 



[1740 



The Committee do further agree that Rob' Hunter Morris 
from the s d Committee do make the following report to y e 
House 

The Committee proceeded to examine the Treasures Ac- 
compts relating to the Forty thousand pounds Emitted in 
y e year 1724 & hav g also Examined the sever 1 bundles of 
cancelled Bills formerly Cancelled before the Govern r & Coun- 
cil in & before y e year 1728, being part of 4000 appointed 
to be cancelled also sever 1 bundles of Bills cancelled by the 
Commiss of the Loan Offices for y e Western Division before 
the Justices & Freeholders of the sever 1 Counties thereof wh : 
were laid before us by the Treasures of s d Division do desire 
to make y e following Report Viz' 



That there should 
have been Can- 
celled in Bills of 
Credit before the 
Govern 1 and Coun- 
cil, or destroyed 
before the Gen 1 
Assembly by y e 
Treasurer of the 
Western Division in 
and before the year 
1728 being part of 
4000 appointed so 
to be Cancelled or 
destroyed 

In bills dated 
1724 to the 
value of....1375,,8,,6 

In bills dated 
1728 to the 
value of.... ,,458 ,,9 ,,6 



That John Allen 
Treasurer of s d Di- 
vision laid before the 
Govern 1 & Coun 1 & 
this Committee, 
three Bundles of 
cancelled Bills 
which he cancell 4 
before the Govern 1 
& Council in and 
before the year 1728 
to the value in Bills 
of Credit 

dated 1724 916 19 

ditto 1728 458,, 9,, 6 



1833 ,,18,,- 



also the said Treasurer 
laid before y e Gov- 
ern r & Coun 1 and 
this Committee 

in Bills dated 
1724 the 
Sum of. 146,, 7,, 6 

and in do 1728 

the Sum of, ,53,, 13,, 6 



-1375,, 8,, 6 



205,,!,,- 



1740] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



179 



In lieu of the same 
sura burnt & de- 
stroyed by Mich 1 
Kearney last Settle- 
mt all wh oh s d 
Bundles and Sums 
were Examin d & 
burnt in the pres- 
ence of y e Gover- 
nour Council & s d 
Committee There is 
still remains in s d 
Treasur 18 hands to 
be Cancell d or de- 
stroyed Bills dated 
1724 is to be found 
as reported before 
the Sum of. 253,, 8,, 6 

1833 ,,18,, 



"That there should 
have been can- 
celled by the Com- 
mission" of the 
Loan Office's of the 
Western Division 
before the Justices 
and Freeholders of 
the Several Coun- 
ties in and before 
the year 1736 being 
part of the 36,000 
appointed to be 
cancelled the Sum 
of 16,653,, ,,. 



It appears to s d Com- 
ittee as y e same 
was reported in y r 
Settlem' in y e y r 
1733 That John 
Allen, Treasur 1 of 
s d Division laid 
before y e then 
Comittee of the 
House of Assem- 
bly, in Conjunc- 
tion with a 
Comittee of the 
Council Sundry 
Bills of Credit. 
The Princip 1 
Sums bro* into the 
Treasu'y by the 
Comm rs of y e 
Loan Offices Can- 
celled in the 
Several Counties 
were also burnt to 
y value of 10679 ,,12,, 4 



180 NEW JERSEY COLONIAL DOCUMENTS. [1740' 

The Committee 
f u rther Report 
y t v e sa i<j Treasur* 
bro' before them 
in Conjunction 
\\-ith the Comittee 
of the Councill 
thirty four 
bundles wherein 
were Contained 
Bills of Credit y e 
princip 1 sums bro* 
into said Treas- 
urers by y e Corn- 
miss of the Loan 
Offices cancelled 
in the Several 
Counties in man- 
ner afores d Since 
the settlement in 
1733 were also 
burnt to y e Value 
of 5851,,12,,10- 

That there is a bal- 
lance due to be 
Cancelled from y e 
Western Division 
amounting to 126 ,,13 ,,10 

16658,, ,, 



Still outstanding in the 
County of Hunter- 
don said to be due 
from the Estate of 
James Trent late 
Commiss r of the 
Loan Office of s d 

County deceased 128,, 8,, 

, . over Cancelled in 

By order of the Committee . galem County the 

Ho : HUNTER MORRIS sum of i u 2".." i,,i4,, 2 

126 ,,13 ,,10 



1740] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



181 



Which the Comittee are of 
opinion ought to be allowed 
to y e Commiss of the Loan 
Office of fe d County in the first 
years Cancelling of the 
20,000 

The Committee further agree that Rob : Hunter Morris 
from the s d Committee do make the following Report to the 
House Contained in the follow g Accompt. 



D r The Eastern Division on the 
Forty Thousand Pounds 



C r 



To Sundry Dificieny out- 
standing part of the 
first 40,,000 in the 
following Counties as 
the same were re- 
ported at last Settlm* 
in 1738 viz* 
Bergen ....... 6,, 2,, 9| 

Middlesex..,, 29,, 8,.llfg 
Essex ......... 22 ,,10,, 7 

Somerset ..... 450,, 18,, 5 

Monmouth.. 5j 



That Andrew John- 
ston Treasurer of 
the Eastern Divi- 
sion laid before the 
said Committee, in 
Conjunction with a 
Comittee of the 
Council three 

Enndles wherein 
.,,.,, 
were Contained bills 

of Credit cancelled, 

reced by him since 

y e last Settlement in 

the year 1738 which 

were Examined and 

Burnt viz* 
From Tho's 
Farmer late 
one of the 
Commissrs 
of Somerset 
one bundle 
Contg ......... 230,, ,, 

From Thos 
Leonard 
late one of 
ye sd Comrs 
of do .......... 221,, ,, 

-- 451,,-,,- 
From David Ogden 

one of the Comm rs 

of Essex County one 

bundle ................ 22,,11,, 

That there is a ball. 

due from y e Eastern 

Division to be can- 

celled The Sum of..,, 35,,10,,3 

509,,1,,3H 



182 NEW JERSEY COLONIAL DOCUMENTS. [1740 

Which said sum of 
35 10 3^ i is 
still outstanding in 
the following Coun- 
ties Viz 4 

Bergen 6 ,,2,, 9Jj| 

Middlesex.. 29 8 11 1 1 
Monmouth -., 5|j 

___35,,12,, 3| 

Over Cancelled in 
Somerset & Essex... 1 llf 



35 ,,10,, 3| 

By order of the Committee 

Ro : HUNTER MORRIS 
Then the House adjourned to 

Thursday July 31" 1740 

Present 
Jn Hamilton 
Jn Reading 
Jn Reading [Rodman] 
Rich d Smith 
Ro : Hunter Morris 

His Excellency having commanded the Attendance of both 
Houses at his House was pleased in their presence to give 
his Assent to the following Bills Viz' 

V. Min. Assy p. 92. 

l...(4.) An Act to enable the Freeholders in Conjunction 
with three Justices of the Peace to Choose a 
Collector for each respective County within this 
Province 

2... (5.) An Act to Explain w* shall be a Legal Settlment 
for any Person in this Province 

3... (6.) An Act to Erect & Establish Courts in the Several 
Counties of this Province For Tryall of small 
causes. 

4...(1.) An Act for the better enabling of Creditors to- 






1740] JOURNAL OF GOVERNOR AND COUNCIL. 183 

recover their Just debts from Persons who abscond 
themselves. 

5... (2.) An Act to lay certain Taxes on Hawkers, Pedlars, 
or Petty Chapmen within this Province. 

6... An Act for raising of money for Finishing and 
completing the Goal & Court House already 
erected at Newark in the County of Essex 

7... (3.) An Act for restraining the bur[n]ing of the Woods, 
Marshes, and Meadows. 

8... An Act for Naturalizing Johannes Martinus Van- 
harlinghen. 

9... An Act for Naturalizing Peter Soulard. 
10... An Act for making Current Two Thousand Pounds 
in Bills of Credit for victualling and Transport- 
ing the Troops to be raised in this Colony, For 
His Majesty's Service on the intended Expedition 
to the West Indies and for Sinking the same Sum 
in Interest Money in lieu thereof 

And after making a Speech to the House of Represent- 
atives, was pleased to prorogue the General Assembly to the 
Second Tuesday in September next to meet at Perth Amboy 



Minutes of His Majestys Council of the Province of 
New Jersey 

Commencing the 31 st of December 1740, 
And ending the 2 d of May 1741. 

At a Council held at Trenton December 31" 1740. 

Present 
His Excellency Lewis Morris Esq r 

John Reading 
Ro : Hun r Morris 
Fenwick Lyell 
Peter Baynton 



184 NEW JERSEY COLONIAL DOCUMENTS. [1740 

His Excellency sign'd the following Warrants Viz' 

N 1 00 To His Excellency for one quarters 

Sallary Commencing the 23 d June 

and ending the 23 d September 

last 250 

101 To d for one quarters Sallary com- 
mencing the 23 d September and 

ending the 23 d Instant 250 

102 To d for a Year's Rent of a House 

Commencing the 23 d Septem r 1739 

and ending the 23 d Septem r last... 60 - 

His Excellency sign'd also Warrants to the following Per- 
sons for a half years Sallary commencing the 23 d of June 
and ending the 25 th Instant Viz' 

N 103 To Robert Hunter Morris Esq r Chief 

Justice 15 

104 Joseph Bonnel Esq r second Judge 20 

105 Joseph \yarrell Esq r Attorney General. 20 

106 Archibald Home Esq r Clk of the 

Council 15 

107 And w Johnston Esq r Treasurer E. 

Division 20 

108 John Allen Esq r Treasurer of the W. 

Division 20 

109 James Hooper Esq r late Clk of the 

Circuits a quart Sallary Com 6 23 d 

June & ending 23 d Septem r last 5 

N 110 Charles Read Esq r Clk of the Circuits 
a quarters Sallary Comm g 23 d Sept r 

and ending 23 d Instant. 5 

111 Robert Frye door Keeper of the Coun- 



1740] JOURNAL OP GOVERNOR AND COUNCIL. 185 

His Excellency was pleased to Communicate to the Board 
an Additional Instruction he had received from the Lords 
Justices bearing date at Whitehall 5 th August 1740. 1 

As also a Letter from the Lords of Trade of the 25 th May 
1740 and to desire the advice of the Board, how he should 
put the said Instruction in Execution, and that they would 
give him their opinion on the Queries proposed by the Lords 
of Trade in their said Letter. 

Whereupon the Board requested His Excellency that he 
would be pleased to put the said Instruction and Letter into 
their hands & allow them till to morrow to consider of them, 
with which request his Excellency was pleased to comply 

Aaron Dean pltif ^ 

v 

T TT\ T\ i In Error 

Jam Fenn e Dem j 

John Nevill J 

Ordered on motion of Francis Costigin for the Pltff that 
on the Service of the Copy of the Argument in answer to M r 
Kinseys Argument that M r Kinsey reply thereto in a month's 
time and that if the Council for the Plantff think proper to 
reply thereto that they do it in a month's time, thereafter and 
that the Parties serve the Governor and Council with copies 
of the said Arguments so as the Cause may be peremptorily 
determined on the last Tuesday in March next 

His Excellency laid before the Board sundry Letters and 
other Informations he had received from Morris County com- 
plaining of outrages Committed on the Inhabitants residing 
on the Borders of the said County by Persons from Orange 
County in the Province of New York under pretence that the 
lands whereon the said Complainers dwell are not part of this 
Province but of that of New York, and His Excell 7 desired 
the advice of the board therein 

On which the Board gave it as their unanimous Advice 
that His Excellency should direct the Magistrates in the said 
County of Morris to avoid as much as much as possible Strife 

J See N. J. Archives, VI., 94-98. 



186 NEW JERSEY COLONIAL DOCUMENTS. [1740-41 

and contention with the Inhabitants of the Province of New 
York and to do their duty in preserving the Peace and pro- 
tecting the Inhabitants of the said County of Morris from 
any Insults that may be offered them 



January 1 st 1740 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^j 

Ro: Hunter Morris ' 
Fenwick Lyell [ Es( l r " 

Peter Baynton J 

The Council having fully considered of the matters refer'd 
to them yesterday by His Excellency, return'd their advice 
and Opinion in the words following Viz* 

That his Excellency would be pleased in obedience to the 
additional Instruction from the Lords Justices forthwith to- 
issue a Proclamation reciting therein such part of the said In- 
struction as relates to an Act of the 6 th Q : Anne entituled an 
Act for ascertaining the Rates of Foreign Coins &c. as also 
the said Act of the 6 th of her said late Majesty Q : Anne or 
such part thereof as is necessary to the end that the same 
may be fully made known to all His Majesty's Subjects within 
this Province, and that none of them may pretend Ignor- 
ance thereof and in his Majesty's name to require and Com- 
mand a strict and punctual Obedience thereunto under the 
penalties in the said Act mentioned 

That as to the first part of the Letter from the Lords of 
Trade The Council conceive their Report of the 4 th December 
1739 to be a full and complete answer thereunto; except that 
since making the said Report Two thousand pounds money 
according to the Proclamation of the late Q: Anne in Bills of 
Credit were created and issued by Act of General Assembly 
of this Province in the present year of His Majesty's Reign 



1740-41] JOURNAL OF GOVERNOR AND COUNCIL. 1ST 

and applyed towards victualling and Transporting the Troops 
raised in this Cplony for His Majesty's Service in the intended 
Expedition against the Spaniards in the West Indies/ which 
sum of 2000, is by the Act which emitts it, directed to be 
sunk by four equal annual Payments out of the Interest 
money arising from the Loan of Bills of Credit before 
that time made Current the first of which annual Pay- 
ments is in the year 1743 and at the time of emitting the 
said 2000, the Course of Exchange with Great Britain was 
160 ^ cent and is now fallen to 150 fJ cent or thereabouts 

That as to the second part of the said Letter the Council 
are of Opinion that the most easy and effectual manner of 
sinking and discharging all the Bills of Credit now Current 
in this Province with the least Prejudice to the Inhabitants 
thereof or Interruption to the Commerce of Great Britain 
with this Colony, will be to Permitt the said Bills to be sunk 
and discharged in the manner as in and by the Acts of Gen- 
eral Assembly by virtue of which the said Bills were issued, 
is directed 



Present 
His Excellency Lewis Morris Esq r 

John Reading ^j 
Ro : Hun r Morris ' 
Fenwick Lyell f E&c ^ 
Peter Baynton J 

M r Chief Justice informed His Excellency and the Board 
that Oliver Schuyler High Sherriff of the County of Bergen 
had neglected to levy several fines laid by the Court of Oyer 
and terminer and Gen 1 Goal Delivery held for the said 
County as he had been well informed. 

Whereupon His Excellency and the Board taking into their 

1 The troops from New Jersey were embarked at Perth Amboy and at various ports 
in West Jersey, in the fall of 1740. N. Y. Col. Docs., VI. , 110-1. 



188 NEW JERSEY COLONIAL DOCUMENTS. [1740-41 

Consideration the dangerours tendency of such a Conduct, 
and to Prevent the like in other Ministerial Officers. 

Ordered that His Majesty's Attorney General do prosecute 
the said Oliver Schuyler for such his offence 

Ordered by advice of the Board, that Moses Rolfe, John 
Eyres Jonathan Witaker, David Day and Ebenezer Doud, 
be added to the Commission of the Peace for the County of 
Essex. 

His Excellency laid before the Board sundry Queries in 
Writing as follows on which Queries he desired their opinion 

Gentlemen 

It seems to me to appear from the Instruction now before 
us that what occasioned it was that the like Instruction from 
time to time given to the Governors relating to the Act of the 
3 th of Queen Anne ascertaining the rates of Foreign Coins &c a 
to observe the same and carry it into due Execution 1 had not 
been done, of which complaints were made That by reason of 
the neglect of the Governours on that head many indirect 
practices had grown up and various and Illegal currencies 
been Introduced contrary to the true intent and meaning of 
the Act and Prejudicial to the Trade & c and that in conse- 
quence of these Complaints, an address was presented to his 
Majesty that he would be graciously pleased to Command his 
Governours Effectually to observe his Majesty's Royal In- 
struction concerning the said Act and that it might be punc- 
tually and bona fide observed and put in Execution according 
to the true Intent and meaning of the said Act which In- 
struction has been accordingly given and is now before us. 

The setting forth the things complain'd of appears to me 
to be done with an Intent that fore the future there should 
be no Cause given for complaints of that or the like kind and 
that what is pass'd should be remedied as far as it is in the 
power of those concerned to do it 

As we neither can for the Future avoid what is complain'd 
of, nor with reasonable hopes of Success attemp't to remedy 

1 See Bancroft's Hist. U. S., Centennial ed., II., 286-7. 






1740-41] JOURNAL OF GOVERNOR AND COUNCIL. 

anything that is pass'd without having clear and adequat 
notions of the matters complain'd of, I therefore desire 

First that you would give me your opinion what you con- 
ceive were the Indirect practices or any of them Contrary to 
the true meaning & Intent of the Act and Prejudicial to the 
Trade & complain'd of 

Secondly How far you conceive these Indirect Practices 
or any of them occasioned by the neglect Connivance or 
Contrivance of the Governours or any of them, or to what 
other Cause they or any of them are to be ascribed 

Thirdly what were (and if any such existing) what do you 
conceive are the Various and Illegal Currencies or any of 
them Introduced contrary to the true Intent and meaning of 
that Act of the 6 th of Anne mentioned, were or are they cur- 
rencies of Illegall Species of Coin not mentioned in the Act 
or were or are they Currencies of Legall species of Coin men- 
tioned in the Act at a greater or less Rate or value than they 
are by the said Act directed to pass Current for or were or 
are these Various and Illegall Currencies the Currency of 
paper Bills made to pass Current, by virtue of Acts of 
Assembly in Lieu and stead of the several species of silver 
in the Act mentioned at a value mentioned in these Acts of 
Assembly different, or the same with that value of thespeciea 
mentioned in the Act of Parliament of the 6 th of Queen Anne^ 
or if mentioned to be of the same value are they truely 
Legally and bona fida of the same value with those Species or 
doth the Illegality of their Currency consist in their being 
Current at a greater or less value than those several Species 
of Silver or at greater or less value than they are mentioned 
to be Current for by the Acts of Assembly that gave them 
being, or both, if the Illegality of the Currencies Com- 
plain'd off consists in these or any of these things mentioned 
what has occasioned them and what are the best and most 
Effectual methods of preventing the like and causing the Act 
of Queen Anne to be truly Effectually and bona fida observed 
and put in Execution in this Government according to the 
true Intent and meaning thereof for the future 



190 NEW JERSEY COLONIAL DOCUMENTS. [1741 

January 3 rd 1740 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 
Ro: Hun r Morris ' " ra 
Fen wick Lyell j 
Peter Baynton J 

M r Reading in behalf of the Board address'd His Excel- 
lency as follows Viz' 

Sir 

We Conceive the questions your Excellency had been 
pleased to propose to us are such as require our Utmost Con- 
sideration and as we are at Present but a thin Board we pray 
your Excellency would be pleased to Give us leave to Con- 
sider of them till the next quarterly Meeting or till such 
other time as you may have occasion to Call us together when 
we hope to see a fuller Council and that in the mean time 
Your Excellency would be pleased to issue a Proclamation as 
before advised * 

Ordered That His Majesty's Attorney General do prepare 
a Proclamation agreeable to the advice of the Board 

M r Reading laid before His Excellency and the board a 
List of Officers for the Regiment of Militia in the County 
of Hunterdon which List was read and approved of, and 
Commissions were ordered to.be made out accordingly 

At a Council held at Trenton April 1 st 1741. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ") 
John Rodman 
Richard Smith f Es ^ 
Peter Baynton J 



1741] JOURNAL OP GOVERNOR AND COUNCIL. 19JL 

His Excellency laid before the Board Copy of a Letter 
and order by Him written (the severity of the Season not 
having permitted him to Call the Council together at that 
time to have their advice) to the several Collectors of His 
Majesty's Customs in this Province in pursuance of a Letter 
he had receiv'd from Vice Admiral Vernon recommending 
it to him for His Majesty's Service that no Yessell might be 
allow'd to clear from any of the Ports of this Province hav- 
ing Provisions on board till the Master or Owner of such 
Vessell have given sufficient Security that such Provisions 
shall not be landed or put on shore in any Dutch, French, 
Danish or other Foriegn Settlement in America. His Excel- 
lency also laid before the board an Explanation of some part 
of the said Letter to one of the Collectors of this Province 
to whom some Doubts had arrisen concerning the True intent 
and meaning of the same which Letter and Explanation are 
^s follows Viz' 

Trenton Feb^ 27 th 1740 
Sir 

By a Letter from Admiral Vernon I am informed that a 
large Squdron of Spanish Ships of War, and two as large 
Squadrons of French are come into the American Seas in the 
West Indies; which in his opinion will rely on being Sup- 
plied with Provisions from these parts either immediately 
from the French ports before we may come to a rupture with 
them or from Statia and Curacoa afterwards, and has recom- 
mended it to me as most Material for His Majesty's Service, 
that no one be permitted to Clear out from this Government 
at this Criticall Juncture without sufficient Security given 
not to Land his Provisions at any French, or Dutch Settle- 
ments or any other but His Majesty's Colonies, where all 
they can raise will probably be wanted for the subsistance of 
his Majesty's Troop's 

As the Supplying the Spanish and French Squadrons with 
Provisions (as things are now circumstanced) may prove of 
Dangerous Consequence to His Majesty's affairs and the 
safety of his American Dominions, I have thought it 



NEW JERSEY COLONIAL DOCUMENTS. [1746 

necessary to order that (to prevent their receiving any such 
supply) the several Collectors of His Majesty's Customs in> 
this Province do not Clear out any Vessel whatsoever loaden 
or to be loaden with Provisions untill the Master or Owner 
of Such Vessel shall have given Bond with two Sufficient 
Security's, that the same shall not be directly or indirectly 
loaded or put on shore, in any Dutch, Danish, French or any 
other Foreign Country, or Settlement in America but that 
the same shall be actually truly and bona fida landed within 
some of his Majesty's Colonies, plantations or Dominions or 
put on board some of His Majesty's Ships of War. 

The reason of doing this at this time and on this occasion 
seems so Evidently for his Majesty's Service and the Safety 
of his Colonies and Plantations in America that I make no 
doub't of y" punctual Complyance with what is here ordered, 
I am 
Sir 
Your most humble Servant 

LEWIS MORRIS 

To Esq r Collector of His 1 

Majesty's* Customs for the Port of/ 

Trenton March 23 rd 1740 
Sir 

As to the doubt made whether by my order of the 27 th of 
February I intended to prevent the Transporting of wheat or 
other Provisions to Lisbon or Medera, for that the words in 
the last part of the order which seem to imply that the Pro- 
vision's should be landed only in some of His Majesty's Plan- 
tations or Dominions &c. are exclusive of landing them any 
where else to which I answer, that these words are only 
relative to the Foregoing which is Expressed what was 
intended to be prevented Viz 1 the Transporting Provisions to 
any Dutch, Danish, French or any other foreign Country or 
Settlement in America and the reason being given why this 
order was made shews I think plainly what was intended by 
it ; and that neither Lisbon or Madera are within the words 



1741] JOURNAL OP GOVERNOR AND COUNCIL. 193 

or meaning of the order or Direction to you but solely Amer- 
ica in order to prevent as much as I could his Majesty's 
Enemies or their Abettors from receiving any Supplies of that 
kind which might in its Consequence prove dangerous to the 
Brittish Colonies and prejudicial to his Majesty's affairs And 
I persuade myself that every British Subject firmly attached 
to the Protestant Interest will heartily comply with these 
directions the reason for giving them being so Evident 
I am 
Sir 

Your most humble Serv* 

LEWIS MORRIS 

Which Letter and Explanation, and directions therein 
given to the several Collectors were approved of by the Board 

His Excellency also laid before the Board a duplicate of 
the votes of the House of Commons of the 25 th November 
1740 transmitted to him by .Richard Partridge Agent for the 
Province at the Court of Great Brittian, by which Votes it 
appears that there was then a Bill depending in Parliament 
to enable his Majesty to prohibit for a time to be limited the 
Exportation of Corn and other Provisions out of Great 
Brittain Ireland and his Majesty's Colonies and Plantations 
in America and that it was resolv'd that an humble address 
be presented to his Majesty that He will be graciously pleased 
to order an Embargo to be forthwith laid upon all Ships 
Laden or to be laden w th Corn Grain Starch Rice Beef Pork 
and other Provisions of [or] of Victuals to be Exported to 
foriegn Parts 

And His Excellency was thereupon pleased to ask the 
advice of the Board whether he should proceed to lay any 
further or other restraint on the Provision Trade from this 
Province than is before set forth. 

Whereupon the Board unanimously gave it as their opinion 
that His Excellency had already taken the proper Steps and 
that they do not conceive it advisable Further to Extend the 

13 



194 NEW JERSEY COLONIAL DOCUMENTS. [1741 

Prohibition of the Exportation of Provisions from this 
Province till the Necessity thereof becomes more Evident or 
his Excellency have some further and more immediate 
Instructions from Great Brittain concerning the same. 

His Excellency sign'd Warrants for one quarter's Sallary 
commencing the 23 d December and ending the 23 d day of 
March last to the following officers Viz' 

N 112 To Himself. 250 - 

113 Rob: Hunt r Morris Esq r Chief 

Justice 37 10 

114 Joseph Bonnel Esq r 2 d Judge 10 - 

115 Joseph Warrell Esq r Att ey General... 10 - 
K 116 Archibald Home Esq r Clk of the 

Council 7 10 - 

117 And w Johnston Esq r Treasur r E: 

Division 10 - 

118 Jn Allen Esq r Treasurer of W: 

Division 10 

119 Cha 8 Read Esq r Clk o the Circuits..,, 5 - 

120 Adml of R. Frye late door keep 1 of 

y e Council 2 10 



April 2 d 1741 

/ Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 
John Rodman 
Rich d Smith [ Es( * r " 
Peter Baynton J 

M r Reading presented to His Excellency in behalf of the 
board an Answer to the Queries proposed by His Excellency 
at the last meeting which is as follows Viz* 






1741] JOURNAL OF GOVERNOR AND COUNCIL. 195 

Sir 

To the Queries proposed by your Excellency on the 2 d of 
January to the Gentlemen of His Majesty's Council We the 
present attending Members of that Board beg leave to offer 
the following (and we heartily wish it may prove satisfactory) 
Answer 

We conceive the several Emissions of Paper Currency 
within this Province ; a Just and true Account whereof we 
have already enabled Your Excellency to transmit to their 
Lordships the Commissioners of Trade and Plantations, to be 
entirely regular and Agreeable to the Proclamation of Her. 
late Majesty Queen Anne, neither do we know of any illegal 
Currencies introduced contrary to the true intent and meaning 
of the said Proclamation It is indeed true that the Course of 
Exchange with Great Brittain has from time to time Suffer'd 
Various Changes and has risen from 33 8 /3 d to even 70 ^ cent 
but this we do not look on as any variation in our Currency 
or any real depreciting its' value as it must necessarly happen 
in all Countries where the demand for Remittances to another 
is great and made by many Persons & the Merchants or others 
impower'd or able to draw Bills are few, and willing to make 
their own advantage of the pressing demands of others, and 
in such a Case, Sir We by no means deem the Additional 
Exchange whatever terms men may bestow on it to be any 
thing further or other than a Premium paid by the Purchaser 
to the Drawer to obtain a Conveyance for his Money to Great 
Brittain to discharge his debts there, or to serve his other 
Purposes. To avoid or rather alleviate this exorbitant bur- 
then (a Burthen that must necessarily ensue whenever our 
Exports fall Considerably short of our Imports which has 
always hitherto been our Case) Men have had recourse to 
buying of Gold and Silver tho' at extravagant prices, in order 
thereby to make their wanted Remittances some what cheaper 
than they could by Bills of Exchange What relates to silver 
will for the future be entirely prevented by the Publication 
of the Proclamation Your Excellency has already been 
advised to issue by the Gentlemen of the Council as to the 



196 NEW JERSEY COLONIAL DOCUMENTS. [1741 

Gold it Comes not indeed under the Act of Queen Anne but 
as the quantity brought into this Province is very inconsider- 
able We are not apprehensive of any inconveniency from that 
Quarter 

As our Exportations have of late greatly increas'd We 
have felt the happy Effects thereof, and can with joy inform 
your Excellency, and we assure our Selves the Encrease of 
our Exportations in [is] the Chief Cause thereof, that the 
Course of Exchange with Great Brittain is now no more than 
50 f& cent and that we have Expectations from the Encrease 
in the number of our Labouers and cultivation of our lands 
together with the promising prospect we have from our Mines 
and other our New Undertakings that we shall again reduce 
it to its Stand* the Proclamation of Queen Anne 

If Notwithstanding what we or others may have said the 
Legislature of Great Brittain continue of opinion that Irregu- 
larities have been committed and that the Paper Currencies 
of our province of New Jersey is hurtfull to the Commerce 
of Great Brittain therewith We confess ourselves unable to 
Propose any Remedy thereto but shall with humble submis- 
sion awaite sucTi as they in their great Wisdom Shall think 
fit to prescribe, and if the sole way left to remedy the incon- 
veniencies complain'd of is the sinking our Paper Currency 
we beg leave to repeat our Sentiments already given you on 
this Head Viz* That the most easy and effectual manner of 
sinking and Discharging all the Bills of Credit now Current 
in this province with the least Prejudice to the Inhabitants 
thereof or Interruption to the Commerce of Great Brittain 
with this Colony, will be to permitt the said Bills to be sunk 
and discharged in the manner as in and by the Acts of 
General Assembly, by Virtue of which the Said Bills were 
issued, is directed 

JOHN READING 

Trenton April 2 d 1741 JOHN RODMAN 

RICHARD SMITH 
PETER BAYHTON 



1741] JOURNAL OF GOVERNOR AND COUNCIL. 197 

April 3 d 1741 

Present 
His Excellency Lewis Morris Esq r 

John Reading ~) 
John Rodman [ 

Richard Smith f Es( T 
i 

Peter Baynton J 
Aaron Dean Plttf ^ 

James Fenn ex dem \ In Error 

John Nevill J 

Upon mature Deliberation had His Excellency and the 
Council are of Opinion and do order that the Judgment 
rendered in this Cause, be affirmed with costs and that M r 
Home Clerk of this Council do Tax the Costs 

Ordered that a Supersedeas do issue to remove Richard 
Wright from the Commissions of the Pleas and Peace for the 
County of Burlington, and that Thomas Shinn be added to 
the Commission of the Pleas for the said County of Bur- 
lington 

At a Council held at Trenton May 2 d 1741 

Present 
His Excellency Lewis Morris Esq r 

John Reading -| 
John Rodman >Esq w 
Richard Smith J 

His Excellency laid before the Board, Sundry Petitions 
from great Numbers of the Inhabitants of the Counties of 
Essex and Bergen, complaining of the great Scarcity of 
Grain in the said Counties, occasioned by the late Severe 
Season and expressing their Apprehension, that unless some 



198 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



speedy method is taken to hinder the carrying off the Grain, 
many Families in the said Counties will be reduced to great 
Straits and to a perishing Condition for want of Bread, and 
praying that his Excellency will be pleased to prohibit the 
Exportation thereof till after the ensuing Harvest is got in, 
On which Petitions His Excellency was pleased to desire the 
opinion and advice of the Board 

The Board having taken the said Petitions into their Con- 
sideration and having endeavour'd to inform themselvea 
whether the Scarcity of Grain in the Petitions Complained 
of is general throughout the Province have reason to beleive, 
that there is a Quantity of Grain in the Province sufficient 
to secure it, without any Prohibition of Exportation, from 
Want till the ensueing Harvest is got in ; and they have also 
been credibly informed that the said Petitioners might already 
have been, and still may be supply 'd with a Sufficiency of 
Grain, at Places tho' not in their Counties yet but litle dis- 
tant from their Habitations, and at a price which cannot, 
after so long and severe a Winter, be deem'd exorbitant. 
The Council therefore unanimously gave it as their advice 
that His Excellecy should not lay any further Restraint on 
the Exportation of Grain from this Province till the Com- 
plaint of want becomes more General, but that He would be 
pleased to give the Majistrates of the said Counties, such 
Information of the places where it is said Grain may be pur- 
chased, as he and the Board have received and to direct the 
said Majistrates that they use all possible diligence to acquaint 
the Petitioners or others therewith that they make speedy 
application to the Persons in whose Hands the Wheat is, and 
thereby prevent its Exportation, and by this Means the 
Council hope the evil Complain'd of may be remedy'd and 
the many inconveniencies attending such a Prohibition, as is 
desired avoided 

His Excellency also communicated to the Board a Letter 
he had received From the Governor of Coura9oa, dated April 
19 th setting forth the scarcity of Provisions in the said Island, 
and requesting His Excellency that he would be pleased to 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 199 

permit one or more Vessels to be laden with Provisions in 
this Province for their supply, and assuring Him in the 
strongest terms that no part of the said Provisions shall be 
carryed to the Dominions or subjects of any Power at war 
with Great Brittain, but be solely applyed to the Relief and 
support of the said Island, And His Excellency was pleas'd 
to ask the advice of the board whether He should grant the 
Request of the said Letter ? 

To which the Board unanimously answer'd, that they did 
not conceive His Excellency could consistant with the orders 
lately by Him received From their Excellencies the Lords 
Justices or with the Present Circumstances of the Province 
(complaints of Scarcity having been made) Comply with the 
said Request 



Journal of thje Proceedings of His Majesty's Council For 
the Province of New Jersey at a Session of General Assem- 
bly of the said Province begun and holden at Perth Amboy : 
October 2 d 1741 to November 4, 1741 

Friday October 2 d 1741. 

Present. 

John Rodman. -j 
R: Hunter Morris. >Esq r " 
Fen wick Lyell. . J 

The House adjourned to 

Saturday Oct r 3 d 

Present 

John Rodman ) 

R : Hunter Morris > Esq 
Fenwick Lyell J 



200 NEW JERSEY COLONIAL DOCUMENTS. [1741 

His Excellency came to the Council Chamber and having 
by the Secretary Commanded the Attendance of the House 
of Representatives was pleased to open the Sessions with a 
Speech to both Houses as Follows. 

Gentlemen of the Council & Assembly. 

Your Knowledge of the Circumstances of this Province 
makes it unnecessary for me to say much to you at this time. 
Persuasions will be needless to Men so well disposed as I am 
willing to beleive you are, and Arguments useless to those 
who are not so. 

The Duty of my Station obliges me to inform you that the 
Support of the Government is expired ; and that there is a 
Necessity of a farther Applicatiou of the money raised for 
that Use to the Purposes it was intended for, and in Such an 
ample Manner as will be sufficient to answer the End. 

In the last Application, a Provision for the incidental 
Charges of the Government, (which till that time I think, 
had always been made) was omitted. How it came to be, 
those concerned in Agreeing upon that application can best 
tell ; but I have, been told it was not done with Design, and 
I am willing to believe it. You have now an opportunity to 
remedy that mistake and I doubt not of your having Suitable 
Inclinations to do what is proper on that Head. 

There are Several Services required of the Secretary and 
Clerk of y* Council for which there has been no Reward 
appointed, but for which a Suitable Reward should be given. 
The Secretary will lay that matter before you, which I hope 
will have its due'weight with you 

There has been no Provision made towards Defraying the 
Expenoes of the Gentlemen of the Council during there 
Attendance on the publick Service, unless it be at the time of 
the Setting of an Assembly but it required their Attendance 
at many other times, and on many emergent and unforeseen 
Occasions ; and I hope you will think it reasonable that a 
proper Allowance should be made for it 

Was I not commanded by His Majesty to use their advice 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 201 

in most Cases I should be unwilling to Act without it in any. 
But the Charge of their Attendance not being paid by the 
Publick, it seems hard to call them from their own buisness 
to such a Distance from their Habitations, where there 
Attendance is required at their private Expence, this makes 
it difficult (not to say impracticable) to get them to meet as 
often as needful and tends to lay the Governor under a 
Necessity of Acting without them in many Cases ; which if 
not prevented by a proper and Seasonable Provision for them, 
may in time be productive of such Effects as will be more 
readily complain'd of than easily removed. 

There should be so ample a Provision for the Officers of 
the Government as to enable them to perform their several 
Duties without Detriment to themselves and be an encourage- 
ment sufficient to induce Men fitly qualified (who I wish were 
more Numerous) to undertake them. This will gain you 
assistance of those most able to be serviceable to the Publick, 
.prevent the Magistracy from falling into Contempt and make 
the Laws regarded, and Effectual to obtain the Ends For 
'which they were made, and it should be one of your Chiefest 
Cares to make them so. 

Your public Bills of Credit, by Length of time and the 
badness of the paper on which they are printed, are so much 
worn, and grown so ragged that the Values of many of them 
are not easily distinguishable ; which has given so much room 
and opportunity for Fraudelent Practices that upon Enquiry 
into it (if I have been rightly informed) there will be a 
Necessity of taking some Measures concerning them. 

The publick Credit is so much concerned in this Case as to 
require your Utmost Care to preserve it, and prevent its being 
in the least impaired. 

There has not been as yet, any Provision made for the 
building of an House for the Governor's Residence, and con- 
venient Places for the Setting of the Assembly and Keeping 
of the Secretarys Office, whatever the Opinion of some' may 
be upon this Head, it seems to be necessary such a Provision 
should be made. 



202 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



The Eastern and Western Division of New Jersey, tho r 
formerly two distinct Governments, are now but one People : 
And it is now their true Interest to lay aside those Jealousies 
that make them Suspicious of each other. 

The very Name of Division, if possible, should be obliter- 
ated here, & the thing by all means avoided, as being 
destructive of the publick Good & prevents those happy 
effects of your Consultations, which might be otherwise 
Expected from them. 

One certain place for the Sitting of your Supream Courts, 
and Assemblies Keeping the Secretary's Office, and Residence 
of the Governor will go Far to induce you to Consider your 
selves as one People, and prevent your Acting with Views 
unsuitable to such a Consideration. 

Those who have been concern'd in Law Suits have (if I 
am rightly informed) found to their Cost, the Difficulty and 
Epence of Transporting Books of Records or Registers from 
one Division into the other ; and it requires no great Pene- 
tration to discover the Danger that attends the doing so r 
which seems to make the Necessity of keeping them in one 
place, and having one Seat of Government, as they have in 
all other places evident. 

The Keeping of the Records and Registers of a Province 
in differ* places remote from each other, is inconvenient to 
those whose affairs obliges them to have Recourse to them ; 
and the Removing of them from Place to Place (if done) 
dangerous to the Owners of those Estates, of which those 
Records are the Evidence, and may make it difficult in many 
Cases to Discover in which of the Divisions these Evidences 
are, and when known not easy to Find the thing in particular 
sought For. 

Records and Registers are of too great Concern to the 
Publick to be be negligently Kept, and many now alive may 
remember that all or most part of the Original Acts made in 
one Sessions of Assembly were not to be Found ; and that 
all the Endeavours to recover them proved ineffectual I some 
time since discovered an old unlock'd Chest, Full of your 



1741] JOURNAL OF THE PROVINCIAL, COUNCIL. 203 

origin 1 Laws and Records of the Courts in a Garret my 
Servants Lodg'd in at Burlington : These having not been 
delivered over to the present Secretary and unknown to him, 
neither he nor his Clerks would have exemplified anything 
therein contained, had it been required of them, and it is a 
very great Chance if many of them have not been ignorantly 
applied to uses very different from what they were intended 
for; the neglecting to make a Proper Provision for the 
Security of them, may prove of dangerous Consequence as 
well to those now alive, as to Posterity ; and I hope you will 
now take such suitable Measures for their Preservation as to 
prevent any just Complaints on that Score. 

The Right Honourable the Lords Commissioners for Trade 
and Plantations have ordered me to transmit all the Laws in 
force in this Province, which will be difficult and expensive 
to do, the printed Collection of them being imperfect and 
several Laws (as it is said) omitted. A true Collection of 
them will be a Benefit to the Publick, For want of which 
many may become ignorant tho' not innocent Transgressors : 
It would therefore, as I conceive, be very proper to have 
them revised and compared with the Originals, by some 
Judicious Persons of Known Credit, sufficiently paid for 
that purpose, and a Correct & perfect Edition of them made 
Publick 1 

The Allowance made for the Rent of a House For the 
Governor might have gone far to have answered that End 
had the Assemblies sat in the same place ; but their alternate 
sittings requiring the Governors Moving to attend them, 
occasions a great Expence in that Particular ; and the Hiring 
of a House or Lodgings to be in during the Sessions (which 
in my time has been pretty long) has made the Rent exceed 
the Sum allowed, and will prove of greater Expence than 
ordinary to any Person who shall have the Honour of being 
in my Station, let his Habitations be where it will ; which I 
hope you will think a reasonable Motive to induce you to 

1 This recommendation was not carried into effect until the publication of the 
first volume of Nevill's Laws, in 1752. 



204 NEW JERSEY COLONIAL DOCUMENTS. [1741 

make a Suitable Provision for that extraordinary Expence 
that will unavoidably attend those alternate Sittings, whilst 
they continue such. 

We are at present engaged in a War with a Nation 1 that 
has by their Privateers been capable of doing much Mischief, 
as well on the Coasts of American Plantations, as else where; 
and may be soon engaged with another much more powerful, 2 
and that too well Knows our Situation and our Circumstances, 
being equally willing, and more capable of doing us Mischief 
It therefore requires our Utmost Care to do all in our Power 
that may Contribute to our own Defence, both by Putting our 
Militia into such a Condition as may render them more Useful 
and effectual if there should be occasion for them, by Erecting 
Fortifications where there is need of them, and by using all 
Means in our Power to hinder them from receiving any 
clandestine Supply of Provisions, which the great Tempta- 
tions of Profit may possibly induce some to attempt. 

Gentlemen of the Council & Assembly. 

A good agreement between all the parts of the Legislature 
is most likely fco promote the publick Welfare; this is so 
evident, that I pursuade myself you will both Studiously 
avoid every thing that may create any Misunderstanding 
between you, and heartily Endeavour to cultivate and 
improve that Unanimity and Concord amongst you that is so 
necessary a Means to obtain the true End of your Meeting, 
and making it beneficial to the Publick. 

I, on my part, shall readily join with you as far as I may 
consistant with my Duty, and Regard for the Publick Good ; 
and the Trust his Majesty has been graciously pleased to 
repose in me: Any Bill contrary to that, I am Willing to 
believe you will not Knowingly ask my Consent to 

LEWIS MORRIS. 

Then the House adjourned to 

1 Spain. 2 France. 



1741] JOURNAL OP THE PROVINCIAL COUNCIL. 205 

Munday Octo r 5 th 1741 

Present 
The Same 

The House adjourned to 

Tuesday Octo r 6 th 1741 

Present 

John Reading ^ 
John Rodman i rg 
Richard Smith | 
Fenwick Lyell J 

The House adjourned to 

Wednesday Octo r 7 th 1741 

Present 
John Reading 
John Rodman 
Richard Smith 
Ro : Hunter Morris 
Fenwick Lyell 
Peter Baynton 

M r Morris moved for leave to bring in a bill to enable the 
Chief Justice and other Judges of the Supreme Court to 
appoint Commissioners in the several Counties of this 
Province to take Special Bail, and to administer Oaths. 

Ordered, that M r Morris have leave accordingly. 

Then the House adjourned to 

Thursday Octo r 8 th 

Present 

John Reading ^ 
John Rodman i 
Richard Smith ' 



Fenwick Lyell J 



206 NEW JERSEY COLONIAL DOCUMENTS. . [1741 

The Clerk informed the Board that he had received a 
Letter from John Hamilton Esq r dated at N York Octr r 5 th 
wherein he desires him to acquaint the Govern 1 and Genl" of 
His Majesty's Council, that he is prevented from attending 
the Service by His present ill State of Health, but that he is 
hopeful he is in a fair way of recovery and will Endeavour 
as soon as possible to attend the House. 

Then the House adjourned to 

Friday Octo r 9 th 1741 

Present 
John Reading 
James Alexander 
Richard Smith 



Ro: Hun r Morris 
Fenwick Lyell 
Peter Baynton 



Esq r 



M r Morris according to leave brought in a bill entitled an 
Act to enable the Chief Justice and other Judges of the 
Supreme Cou?t to appoint Commissioners in the several 
Counties of the Province to take special Bail and to Admin- 
ister Oaths, which was read the first time and ordered a 
second reading. 

M r Morris moved for leave to bring in a bill to oblige the 
several Sherriffs of this Province to give Security and take an 
Oath for the due discharge of their Offices. 

Ordered, That M r Morris have leave accordingly. M r 
Morris accordingly brought in a bill entitled an Act to oblige 
the several Sherriffs of this Province to give Security & lake 
the Oaths or Affirmations therein directed for the due dis- 
charge of their offices, which was read the first time and 
ordered a Second reading. 

M r Baynton moved the House for leave to be absent till 
Munclay the 19 th instant 

Ordered, that M r Baynton have leave accordingly. 

Then the House adjourned to 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 207 

Saturday Octo r 10 th 1741 

Present 

James Alexander 
John Rodman 
Richard Smith 
Ro Hunt 1 Morris ( jSq " 
Fenwick Lyell 
Peter Baynton J 

The Bill entitled an Act to enable the Chief Justice &c a 
was read a Second time, and Committed to a Committee of 
the whole House. 

M r Morris moved that it be an Instruction to the Said 
Committee to limitt the Authority of the Commissioners to 
be appointed by virtue of this Act, to Causes depending in 
the Supreme Court. 

Resolved, That it be an Instruction accordingly. 

The Bill entitled an Act to oblige the several Sherriffs &c a 
was read a Second time and Committed to a Committee of 
the whole House 

M r Morris moved for leave to bring in a bill relating to 
the Murder of Basterd Children. 

Ordered, that M r Morris have leave accordingly. 

M r Lyell moved that the Attorney General be order'd to 
lay before the House a list of the several Statutes of that 
part of Great Britain called England, wherein the Benefit of 
Clergy is taken away. 

Ordered, That M r Attorney General do lay such list before 
this House 

M r Morris moved that a Committee be appointed to inspect 
the several Laws and Ordinances establishing the Fees of the 
several Courts in this Province, and to bring in a bill to 
settle and establish the Fees and regulate the Practice of the 
several Courts. 

Ordered, M r Morris, M r Lyell, M r Rodman and M r Smith 
be a Committee For that purpose 

Then the House adjourned to 



208 NEW JERSEY COLONIAL DOCUMENTS. [1741' 

Munday Octo r 12 th 1741 

Present 

John Kodman ^ 
Richard Smith i Esq" 
Fenwick Lyell J 
Adjourned to 

Tuesday Octo r 13 th 

Present 

John Reading ~) 
John Rodman { -p 
Richard Smith j 
Fenwick Lyell J 
Adjourned to 

Wednesday Octo r 4 th [14 th ] 

Present 

Jn Reading ^> Rich d Smith \ E 

James Alexander > Esq Fenw k Lyell / 

Jn Rodman J 

M r Pearson and M r Rolph From the House of Assembly^ 
broug* up a Bill entitled an Act to prevent any Action under 
Fifteen Pounds being brought into the Supreme Court of 
this Province which was read the First time and ordered a 
Second reading. 

M r Leonard and M r Peace From the House of Assembly 
brought up a bill entitled an Act declaring how the Estate or 
Right of a Feme Court 1 may be conveyed or extinguished, 
which was read the First time and ordered a Second reading. 

M r Eaton and M r Stacy From the House of Assembly 
broug* up a bill entitled an Act Subjecting Real Estates in 
the Province of New Jersey to the Payments of Debts, which 
was read the First time and ordered a second reading. 

Coll. Farmer, and M r Cook From the House of Assembly 

1 Covert. 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 209 

brought up a Bill entitled an Act concerning the acknowl- 
edgeing and registering of Debts 1 and Conveyances of Lands 
in each respective County of this Colony, which was read the 
first time and ordered a second reading. 
Then the House adjourned to 



Thursday Oct r 15 th 1741 

Present 
John Reading 
James Alexander 
John Rodman 
Richard Smith 
Ro : Hunter Morris 
Fenwick Lyell J 

The House adjourned to 

Friday Octo r 16 th 1741 

Present 
The Same 

M r Morris according to leave brought in a bill entitled an 
Act to prevent the destroying and murdering of Bastard 
Children which was read the First time and ordered a Second 
reading. 

M r Vanbuskirk and M r Hancock From the House of 
Assembly brought up a bill entitled an Act For continuing 
an Act entitled an Act For the Tryal and Punishment of 
Persons guilty of Larcency under the value of twenty shill- 
ings, which was read the First time and ordered a Second 
reading. 

Ordered, That M r Alexander be added to the Committee 
appoint 4 to inspect the several Laws and Ordinances estab- 
lishing the Fees 

Then the House adjourned to 

1 Deeds. 

14 



210 NEW JERSEY COLONIAL DOCUMENTS. [1741 

Saturday Octo r 17 th 1741. 

Present 

John Reading ") 
James Alexander 
John Rodman J> Esq 

Richard Smith 
R* Hunter Morris J 

M r Rodman From the Committee of the whole House on 
the bill entitled an Act to enable the Chief Justice &c a 
reported that they had made an Amendment to the Title, as 
also several to the Body of the s d Bill which Amendments 
were read & agreed to by the House. 

. Ordered, that the said Bill with the Amendments be 
engrossed. 

M r Lyell moved for leave to be absent till Friday next. 

Ordered that M r Lyell have leave accordingly. 

Then the House adjourned to 

Munday Octo r 19 th 1741. 

Present 
The Same. 

M r Leonard and M r Vanmiddleswart From the House of 
Assembly brought up a Bill entitled an Act to annex part of 
the County of Essex to the County of Somerset and to 
ascertain the bounds thereof. 

The House adjourned to 



Tuesday Octo r 20 th 

Present 
The Same. 

The Bill entitled an Act to annex part of the County of 
Essex &c a was read the First time, and ordered a second 
reading. 



1741] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



211 



The engrossed Bill entitled an Act to enable the Chief 
Justice and other Judges of the Supream Court to appoint 
Commissioners in the several Counties of this Province to 
take special .Bail, and to Administer Oaths and Affirmations 
in Causes depending in the Supream Court was read 

Resolved, that the same do pass. 

Ordered, that M r Rodman do carry down the said Bill to 
the House of Assembly For their Concurrence. 

M r Alexander From the Committee of the House on the 
Bill entitled an Act to oblige the several Sherriffs &c a Reported 
that they had made several Amendments to the said bill, 
which Amendments were read and agreed to by the House. 

Ordered that the said Bill with the Amendments be 
engrossed. 

M r Rodman reported that he had obeyed the above order 
of this House. 

M r Alexander moved For leave to bring in a bill For 
recording of Deeds & Mortgages. 

Ordered that M r Alexander have leave accordingly. The 
Bill entitled an Act to prevent the destroying and Murdering 
of Bastard Children was read a Second time and Committed 
to the Gentlemen of the Council, or any three of them. 

The Bill entitled an Act declaring how the Estate or Right 
of a Feme Court 1 may be conveyed or extinguished was read 
a second time and comitted to M r Alexander, M r Morris, and 
M r ' Smith. 

Then the House adjourned to 



Wednesday Octo r 21 st 1741. 

Present 
' The Same. 

M r Alexander according to leave brought in a Bill for 
recording of Deeds and Mortgages which was read the first 
time and ordered a Second reading. 

1 Covert. 



212 NEW JERSEY COLONIAL DOCUMENTS. [1741 

The engross'd bill entitled an Act to oblige the several 
Sherriffs of this Province to give Security and to take the 
Oaths & Affirmations therein directed for the due discharge 
of their Offices was read and on the question. . 

Resolved, that the same do pass. 

Ordered, that M r Morris do carry down the said Bill to the 
House of Assembly For their Concurrence. 

M r Alexander moved For leave to bring in a bill For Con- 
tinuing the Road From Bergen to Hudson's River 

Ordered, that M r Alexander have leave accordingly. 

M r Alexander accordingly brought in a bill entitled an 
Act For Continuing the Kings High Way which lead from 
Bergen point to Bergen Town to some convenient place on 
Hudsons River, For Crossing that River to New York, 
which was read the First time and ordered a Second reading. 

M r Morris reported that he had obeyed [the order] of the 
House of this day. 

The bill entitled an Act For continuing an Act eutitled an 
Act For the Tryal and Punishment of Persons guilty of 
Larceny, was read a Second time and Committed to the 
Gentlemen of the Council or any three of them. 

Then the House adjourned to 

Thursday Octo r 22 d 1741. 

Present 
The Same 

Doctor Johnston and M r Stacy From the House of Assem- 
bly brought back the engrossed bill entitled an Act to enable 
the Chief Justice &c a that House having agreed to the sam< 
without any Amendments. 

M r Smith from the Committee on the bill entitled an A( 
declaring how the Estate or Right of a Feme Covert may 
conveyed or extinguished Reported that they had made seve 
Amendments to the said Bill, which Amendments were 
and agreed to by the House. 



L741] JOURNAL OF THE PROVINCIAL COUNCIL. 213 

Ordered That the said bill with the Amendments thereto 

read w ch was done accordingly, and on the question. 

Resolved, That the said bill with the Amendments do pass. 

Ordered that M r Smith do carry down the said bill with 
Amendments made thereto by this House to the House of 

ssembly For their Concurrence 

M r Smith From the Committee on the bill entitled an Act 
i"or continuing an Act entitled an Act For the Tryal & 
)unishment of Persons guilty of Larceny &c a reported that 
they had made one Amendment thereto which was read and 
agreed to by the House. 

Ordered, That the said Bill with the Amendments be read, 
which was done accordingly, and on the Question. 

Resolved, that the said bill with the Amendments do pass. 

Ordered, that M r Smith do carry down the said bill with 
the Amendment made thereto by this House to the House of 
Assembly For their Concurrence. 

The Bill entitled an Act for Continuing the Kings High 
Way &c a was read a Second time and Committed to the 
Gent of the House or any three of them. 

The bill entitled an Act For recording of Deeds & Mort- 
gages was read a Second time and Committed to the Gent n 
of the House or any three of them. 

The bill entitled an Act Subjecting Real Estates &c a was 
read a second time and Committed to the Gent n of the House 
or any three of them. 

M r Smith reported that he had obeyed the above orders of 
this House. 

The Bill entitled an Act concerning the Acknowledgeing 
and Registring of Deeds &c a was read a Second time and 
Comitted to the Gentlemen of the House or any three of 
them. 

The bill entitled an Act to annex Part of the County of 
Essex &c a was read a Second time and Committed to the 
Gem n of the House or any three of them. 

Then the House adjourned to 



214 NEW JERSEY COLONIAL DOCUMENTS. [1741 

Friday Octo r 23 d 1741 

Present 
John Reading 
James Alexander 
John Rodman 
Rich* Smith 
Ro : Hun r Morris | 
Fenwick Lyell J 

M r Learning and M r Demarest. From the House of Assem- 
bly brought up the Engrossed bill entitled an Act declaring 
how the Estate or right of a Feme Covert may be Conveyed 
or Extinguished, that House having agreed to the Amend- 
ments made thereto by this House which being read and 
compared 

Ordered, that the Speaker do sign the same. 

M r Morris From the Committee on the bill entitled an Act 
to prevent the destroying and murdering of Bastard Children^ 
reported the same without any Amendment. 

Then the aid bill was read a., third time, and on y* 
Question. 

Resolved, that the same do pass. 

Ordered, that M r Morris do carry the said bill to the 
House of Assembly For their Concurrence. 

M r Rodman from the Committee on the bill entitled an 
Act For Continuing the Kings High Way, &c a reported the 
same without any Arnendm* 

Then the said bill was read the third time, and on the 
question. 

Resolved, that the same do pass. 

Ordered, that M r Lyell do carry down the said bill to the 
House of Assembly for their Concurrence. 

M r Morris reported that he had obeyed the above order of 
this House. 

M r Low and M r Peace From the House of Assembly 
brought back the engrossed bill entitled an Act for Continu- 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 215 

ing an Act entitled an Act For the Tryal and Punishment 
&c a that House having agreed to the Amendment made 
thereto by this House which being read & Compared 

Ordered, that the Speaker do sign the same. 

M r Morris From the Committee on the bill entitled an 
Act to prevent any Action under Fifteen Pounds being 
brought into the Supreme Court reported that they had made 
Several Amendments thereto which were read and agreed to 
by the House. 

Ordered, That the said bill with the Amendments thereto 
be read which was done accordingly, and on the Question. 

Resolved, that the Said bill with the Amendments do pass. 

Ordered, that M r Rodman do carry down the Said bill 
with the Amendments made thereto by this House to the 
House of Assembly For their Concurrence. 

Then the House adjourned to 



Saturday Octo r 24 th 1741 

Present 
The Same 
Adjourned to 

Munday Octo r 26 th 1741. 

Present 

James Alexander ~] 
John Rodman 
Richard Smith J> Esq rs 
Ro : Hunt 1 Morris j 
Fenwick Lyell J 

The Petitions From divers Inhabitants of the Counties of 
Somerset & Essex, praying that part of the County of Essex 
may be annexed to the County of Somerset, were read, and 
ordered to be referred to the Committee on the bill to Annex 
part of the County of Essex &c a 



216 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



M r Lyell From the Committee on the bill entitled an Act 
to Annex part of the County of Essex &c a ' reported that they 
had made some Amendm u to the said bill which were read 
and agreed to by the House. 

Ordered, that the said bill with the Amendments be read 
which was done accordingly, and on the Question. 

Resolved, that the said bill with the Amendm 48 do pass. 

Ordered that M r Morris do carry down the said bill with 
the Amendments made thereto by this House to the House of 
Assembly For their Concurrence. 

M r Peirson and M r Eaton From the House of Assembly 
brought back the bill entitled an Act to oblige the several 
Sherriffs &c a with one Amendment made thereto by that 
House, For the Concurrence of this House. 

M r Hancock and M r Rolph From the House of Assembly 
brought back the bill entitled an Act to prevent Any Action 
under Fifteen Pounds being brought into the Supreme Court, 
that House having agreed to the Amendments made thereto 
by this House. 

Then the House adjourned to 



Tuesday Octo r 27 th 1741 

Present 
The Same. 

M r Vanbuskirk and M r Learning From the House of 
Assembly broug* back the bill entitled an Act to prevent 
the destroying & Murdering of Bastard Children with one 
Amendment made thereto by that House, For the Concur- 
rence of this House which Amendment was read and agreed 
to by the House. 

Ordered, that the said bill with the Amendments be 
engross'd and that M r Rodman do carry the same to the 
House of Assembly to be compared and signed by the Speaker. 

M r Morris from the Committee on the bill entitled an Act 
Subjecting real Estates &o* reported that they had made one 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 217 

Amendment thereto w ch which Amendment was read and 
agreed to by the House and on the question. 

Resolved, that the said bill with the Amendment do pass. 

Ordered, that M r Morris do carry down the s d bill with the 
Amendment made thereto by this House, to the House of 
Assembly for their Concurrence. 

The bill entitled an Act to oblige the several Sherriffs &c a 
-w th the Amendment made thereto by the Assembly was read 

Resolved, unanimously, that this House disagrees to the 
Amendment made by the House of Assembly to the said bill 
& adheres to the said bill in the part mentioned in the said 
Amendment. 

Ordered that M r Rodman do carry back the said bill with 
the Amendment and acquaint the House of Assembly with 
the above Resolve. 

M r Rodman From the Committee on the bill entitled an 
Act concern g the acknowledgeing and registring of Deeds &c* 
reported the same without Amendment. 

Then the Question was put Whether the said bill be read 
a third time and carried in the Negative. 

Then the question was put whether the said bill be rejected 
and carried in the Affirmative. 

M r Lyell moved for leave to bring in a bill to repeal part 
of a Clause of an Act entitled an Act for Suppressing of 
Immorality. 

Ordered, that M r Lyell have leave accordingly. 

Then the House adjourned to 

Wednesday Octo r 28 th 1741 

Present 
John Reading 
James Alexander 
John Rodman r 

Rich d Smith 
Ro Hunt 1 Morris 
Fenwick Lyell J 



218 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



M r Rodman reported that he had obey'd the orders of this 
House of Yesterday. 

M r Morris reported that he had obey'd the orders of this 
House of Yesterday. 

M r Demarest and M r Low From the House of Assembly 
brought back the bill entitled an Act to prevent the destroy- 
ing & Murdering of Bastard Children that House having 
pass'd the said bill. 

M r Lyell according to leave brought in a bill entitled an 
Act to repeal a part of a Clause of an Act entitled an Act 
For Suppressing of Immorality, which was read the First 
time and ordered a Second reading. 

M r Leonard and M r Vanmiddleswart From the House of 
Assembly brought back the bill entitled an Act to annex part 
of the County of Essex &c a that House having agreed to the 
Amendment made thereto by this House. 

M r Smith and Coll Farmer From the House of Assembly 
brought back the bill entitled an Act subjecting real Estates 
<fcc a with the Amendments made thereto by this House, that 
House having disagreed to the said Amendment and adhered 
to the bill. 

Then the said bill with the Amendment was again read & 
Considerd 

Resolved, that this House adheres to their said Amendment 

Ordered, that M r Morris do carry down the Said bill with 
the Amendment to the House of Assembly and acquaint them 
that this House adheres to their said Amendment. 

M r Rolph and M r Vandevere From the House of Assem- 
bly bro* up a bill entitled an Act For building rebuilding 
repairing bridges in the County of Essex, which was read the 
First time and ordered a second reading. 

A Message From the House of Assembly by M r Eaton and 
M r Cooper to Know what progress this House has made in 
the bill entitled an Act concerning the Acknowledgeing and 
registring of Deeds &c a sent up to this House 7 br 18 th inst* by 
that House. 

Ordered, that M r Lyell do acquaint the House of Assembly 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 

that on the 27 th inst' the Question was put in this House, 
Whether the s d bill be rejected and carryed in the Affirmative. 
Then the House adjourned to 



Thursday Octo r 29 th 1741 

Present 
The Same. 

M r Morris reported that he had obeyed the order of this 
House of Yesterday. 

M r Lyell reported that he had obeyed the order of this 
House of Yesterday. 

The bill entitled an Act to repeal Part of a Clause of an 
Act &c a was read a Second time and Committed to the Gent a 
of the Council or any three of them. 

The Bill entitled an Act For building, rebuilding, and 
repairing Bridges in the County of Essex was read a Second 
time & Committed to the Gent n of the Council or any three 
of them. 

M r Leonard and M r Learning From the House of Assem- 
bly brought up the bill entitled an Act For the Support of 
the Governm* of His Majesty's Province of New Jersey For 
one year to commence the 23 d day of September 1741 and to 
end the 23 d of Septem 1 1742 For the Concurrence of this 
House, which was read the First time and ordered a Second 
reading. 

Then the House adjourned to 

Friday Octo r 30 th 

Present 
The Same 

M r Rodman From the Committee on the bill entitled an 
Act to repeal Part of a Clause of an Act &c a reported the 
Same without any Amendment. 



220 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



Then the said bill was read a third time & on the Question. 

Resolved, that the same do pass. 

' Ordered, that M r Morris do carry down the said bill to the 
House of Assembly For their Concurrence. 

M r Lyell From the Committee on the bill entitled an Act 
For Building, rebuilding, and repairing Bridges in the County 
of Essex reported that they had made several Amendments 
to the same which were read and agreed to by the House. 

Resolved, that the said bill with Amendments do pass. 

Ordered, that M r Smith do carry down the Said bill with 
the Amendments made thereto by this House, to the House 
of Assembly for their Concurrence. 

Then the House adjourned to 



Saturday Octo r 31 st 1741 

Present 
The Same 

M r Low and M r Demarest From the House of Assembly 
broug* bask the bill entitled an Act For building, rebuilding 
fe repairing Bridges in the County of Essex with the Amend- 
ments made thereto by this House, that House having dis- 
agreed to the said Amendments and adhered to the said bill. 

Then the Said Bill with the Amendments was reconsidered. 

Resolved, that this House adheres to their Said Amend- 
ments. 

Ordered, that M r Smith do .carry down the said bill with 
the Amendments to the House of Assembly, and acquaint 
them that this House adheres to their Said Amendments. 

M r Smith reported that he had obeyed the said order. 

The bill entitled an Act For the Support &c a was read a 
second time & Committed to a Committee of the whole 
House. 

M r Lyell moved for leave to be absent the ensuing week. 

Ordered, that M r Lyell have leave accordingly. 

Archibald Home Esq r having been duely qualified before 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 221 

His Excellency Pursuant to His Majesty's Mandamu's 
appointing Him one of the Council of this Province, took 
his Seat in the House. 1 

Then the House adjourned to 



Munday Novem r 2 d 1741 

Present 

John Reading "^ 
James Alexander 
John Rodman . . r 
Rich d Smith 
Ro: Hun r Morris 
Arch 4 Home 

M r Home From the Committee of the whole House on the 
bill entitled an Act For the Support &c a reported the same 
without any Amendments and 

On the question whether the House agrees to the said 
Report g it was carryed in the Affirmative. 

M r Morris Protested against the said Vote, and pray'd 
time to enter his said Protest in Form. 

Ordered that M r Morris have time till to morrow morning 
at 10 Clock to enter his said Protest in Form. 

Then the House adjourned to 

Tuesday Novem r 3 d 

Present 
The Same. 

M r Morris moved for leave, as he is Chief Justice of the 
Supream Court (to sitt this day at Burlington) to be absent 
during the sitting of the said Supreme Court and 

On the Question put, Whether M r Morris have leave ? it 
was carried in the Negative. 

1 See N. J. Archives, VI., 109, 127. 



222 



NE\V JERSEY COLONIAL DOCUMENTS. 



[1741 



M r Morris according to leave entered his Protest in Form 
agans' the Agreement of the House to the Report from the 
Committee on the Support Bill which Protest is as Follows. 

Protest in Council against agreeing to the Report of the 
Committee to whom the bill for the Support of Government 
was referr'd. 

1 st Because there is no provision made in the said bill of a 
Salary for the Clerk of the Circuits, who is a necessary 
Officer without whom the Publick Justice cannot well be 
administered, and the said Committee have Neglected to alter 
the Bill in that Particular. 

2 dly Because there is no dayly allowance provided by the 
said Bill for the Attendance of the Clerk of this House 
during the two last Sessions of general Assembly nor for his 
Attendance and publick services done and to be done by him 
this Sessions and the Committee have Neglected to Amend 
the bill in that particular. 

3 dly Because by the said Bill the Sum of Eighty Pounds is 
made pay* to the Agent of this Province for the time being 
appointed by the^House of Representatives whereas he is not 
nor ought not to be in the appointment of the House of Rep- 
resentatives and the said Committee have neglected to Amend 
the said Bill in that particular. 

4 thly Because the said Bill puts it in the power of a Com- 
mittee of the House of Assembly to Dispose of all the pub- 
lick Money for printing the votes and Laws and binding 
Books of Records ; whereas they ought to be Limited not to 
Exceed a Certain Sum. 

And the said Committee have Neglected to Amend the 
said Bill in that Particular. 

5P 1 * Because the Publick Money by the said Bill is 
directed to be Disposed of otherwise than by Warrants 
signed by the Governor or Commander in Chief in Councill 
Whereas it ought to be disposed of by warrants signed in 
Council and no otherwise and the said Comittee have 
Neglected to Amend the Bill in that Particular 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 223 

For these reasons I protest against agreeing to the Report 
made by the Committee upon the said Bill. 

ROB* H : MORRIS 

Ordered, that the Bill entitled an Act For the Support &c a 
be read a third time, which was done accordingly, and 

On the Question 

Resolved, that the said bill do pass. 

Ordered, that M r Smith & M r Rodman do acquaint the 
House of Assembly, that this House has pass'd the said bill. 

A Message From the House of Assembly by M r Learning 
<fe M r Low, that that House desires a free Conference with this 
House on the Subject matter of the bill entitled an Act to 
oblige the several Sherriffs &c a and that House has appointed 
Coll Farmer, M r Eaton D r Johnston M r Cooper, M r Cook, 
and M r Stacy to be a Committee to conferr thereon with 
a Committee of this House, at such time and Place as this 
House shall appoint, Also, that, that House desires a free 
Conference on the bill For building, rebuilding and repairing 
Bridges in the County of Essex at the same time and place 
and that the same Committee of that House have Power to 
conferr thereon. 

Ordered, that M r Rodman, M r Morris and M r Home be a 
Committee For that purpose and that they meet at M" Sar- 
jeants at 3 a'Clock this afternoon. 

Ordered, that M r Morris do acquaint the House of Assem- 
bly w th this Appointment. 

Ordered, that M r Morris, M r Rodman and M r Home be a 
Comittee to draw up a Representation to His Excellency that 
he would be pleased to lay before his Majesty a Representa- 
tion of the great advantages proper encouragement given to 
this and the other northern Colonies in their Iron Works, 
would be off to their Inhabitants, and the Kingdom of 
Great Britain and that they do meet at M rs Sarjants at 3 
a Clock this afternoon 

Ordered, that M r Morris do acquaint the House of Assem- 



224 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



bly therew th and desire them to appoint a Committee to join 
the said Committee for that purpose. 

M r Rodman, reported that M r Smith and himself had 
obeyed the above order of this House. 

M r Alexander, Finding himself much indisposed, prayed 
leave to go home. 

Ordered, that M r Alexander have leave accordingly. 

M r Morris reported that he had obey'd the orders of this 
House of this day. 

Then the House adjourned to 



Wednesday Novem r 4 th 1741 

Present 

John Reading "^ 
John Rodman 
Rich d Smith }> Esq 

Ro : Hun r Morris j 
Arch d Home 

M r Rodman reported From the Comittee appointed to 
confer w th a Comittee of the House of Assembly on the Bill 
to oblige the several SherrifFs &e* that they had not come to 
any Agreement on the said Bill : 

As also From the Committee appointed to confer with s d 
Committee on the Bill For building, rebuilding & repairing 
Bridges in the County of Essex, that they had agreed to an 
Amendment in the said Bill, which Amendment being read 
was agreed to by the House. 

Ordered, that the said Bill with the Amendments be 
engross'd 

M r Rodman also reported From the Comittee appointed to 
meet a Committee of the House of Assembly to agree on a 
Representation to His Excellency concerning an Application 
to His Majesty for proper encouragement in the making Pigg 
Metal and Barr Iron in this Province that they had agreed 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 225 

on a Representation which being read was agreed to by the 
House and ordered to be engross'd. 

The engross'd Representation having been read. 

Ordered, that the Speaker do sign the same, the said 
Representation is as Follows. 

To His Excellency Lewis Morris Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of New Jersey and Territories thereon depending in America 
and Vice Admiral in the said &c a 

The Humble Representation of His Majesty's Council, and 
the House of Representatives 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 Majesty's Prov- 
ince of New Jersey, under your Government, and other the 
British Colonies in North America (by the divine indulgence) 
are abundantly Stored with Iron Ore, as also with suitable 
Conveniency's and proper Materrialls for making the same 
into Pigg mettal and Barr Iron and could under due encour- 
agement largely Contribute towards and probably in some 
years wholly supply Great Britain and Ireland with that 
necessary Comodity, for which they become annually greatly 
Indebted to Sweden and other Foreign Nations. 

That we are well informed, that on Repeated Prooffs 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 Swedish Iron. 

That the Inhabitants of this and other Northern Colonies 
have have hitherto made but small advantage therefrom ; 
having Imported by very inconsiderable quantities either of 
Pigg Mettal or Bar Iron into Great Britain or Ireland by 
reason of the great discouragement they lye under, from the 
High Price of Labour in the said Colonies, & the Duties by 

15 



226 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



Act of Parliament on these Comodities imported from His 
Majesty's Plantations in America. 

That, should it please the British Legislature to take of 
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 discharge the respective ballances due by 
them to their Mother Country and greatly to increase the 
quantities of her Manufactures to them Exported, (as their 
Returns would be in these only) whereby the Annual Debt, 
by her incurred to Sweden and other foreign Nations for Iron, 
would be considerably lessened and the Navigation and Ship 
Building, throughout the British Dominions greatly Encour- 
aged, 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 Representation before His 
Majesty the tender Farther of his People 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 consideration of his Parliament, or take such Steps for 
our relief and encouragement as to him in his Royal Wisdom 
& Goodness shall seem fitting. 1 

Novem r 4 th 1741 
By order of the House 

of Assembly 

AND' JOHNSTON Sp r 



November 4 th 1741 
By order of the Council 
JN READING 



Ordered, that M r Morris do carry down the said Repre- 
sentation to the House of Assembly to be signed by the 
Speaker. 

1 During the two years preceding this representation, extensive purchases had 
been made at Little Falls, Wanaque and the present Ringwood, all now in Passaic 
county, of lands abounding in iron ore, and special attention had been directed to 
the mineral wealth of Northern Xew Jersey. 



1741] JOURNAL OF THE PROVINCIAL COUNCIL. 227 

M r Low and M r Rolph From the House of Assembly 
brought up the bill entitled an Act For building rebuilding 
& repairing Bridges in the County of Essex engross' d with 
the Amendments agreed to therein at the free Conference 
between the Comittees of both Houses. 

Ordered that the said bill be read which was done accord- 
ingly and on the question. 

Resolved, that the same do pass. 

Ordered, that M r Smith do acquaint the House of assembly 
therewith, and also acquaint that House that this House has 
gone thro' the Buisness before them and if that House has 
nothing Further to propose are ready to desire His Excellency 
to put an End to this Session. 

Ordered that M r Morris and M r Rodman do waite of His 
Majesty 1 and acquaint him that this House had Finished the 
Business before them and desire that he will be pleased to put 
an End to this Session. 

M r Morris reported that M r Rodman and himself had 
obeyed the above order. 

His Excellency came to the Council Chamber and having 
by the Secretary commanded the Attendance of the House of 
Representatives John Reading Speaker of the Council pre- 
sented to him the above Representation of both Houses. 

His Excellency the[n] gave his Assent to the Following 
Bills Viz' 

1 An Act For the Support of the Government of His 
Majesty's Province of New Jersey For one year to Commence 
y 23 d September 1741 and to end the 23 d of September 1742 

2 An Act to annex part of the County of Essex to the 
County of Somerset and to ascertain the Bounds thereof. 

3 An Act to prevent an Action under Fifteen Pounds being 
brought into the Supream Court of this Province 

4 An Act For Continuing an Act entituled an Act For the 
Tryal and Punishment of Persons guilty of Larceny under 
the value of twenty Shillings. 

1 Excellency is meant. 



228 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



5 An Act to prevent the destroying and murdering of 
Bastard Children 

6 An Act to enable the Chief Justice and other Judges of 
the Supreme Court to appoint Commissioners in the several 
Counties of this Province to take special Bail and to Admin- 
ister Oaths and Affirmations in Causes depending in the 
Supreme Court. 

7 An Act For Building, rebuilding and repairing Bridges 
in the County of Essex... (N. B. This Act, not with y* 
rest.) 

And was pleased to Prorogue the General Assembly of 
this Province to the second Tuesday in December next then 
to meet at Burlington. 



Minutes of Council of N. Jersey Commencing at Trenton, 
July 1" 1741 

Present 
His Excellency Lewis Morris Esq r 

John Rodman ^ 

Robert Hunter Morris V Esq rs 
Peter Baynton j 

His Excellency signed Warrants for a quarter's Salary 
Commencing the 23 d day of March, and ending the 23 d day 
of June last to the following Persons Viz* 

N 121. His Excellency 250,, ,,- 

122. Rob* Hunter Morris Esq r Chief Jus- 



tice 



37 10 - 



123. Joseph Bonnel Esq r Second Judge... 10 - 

124. Joseph WarrelEsq* Attorney General 10,, - 

125. Archibald Home Esq r Clerk of the 



Council 



7 10 - 



1741] JOURNAL OF GOVERNOR AND COUNCIL. 229 

126. Andrew Johnston Treasurer Eastern 

Division 10 

127. John Allen d Western Division 10 

128. Charles Read Clerk of the Circuits... 5 

129. Walter Hetherington door keeper of 

the Council 2 10 

His Excellency also sign'd an Order or Warrant to Joseph 
Warrel Esq r Attorney General, pursuant to An Act of 
General Assembly, to prosecute Oliver Schuyler Esq r High 
Sherriff of the County of Bergen for a neglect of his duty 
in not obeying a Certain Order of Court of Oyer and Term- 
iner held at Hackinsack for the said County of Bergen on 
the fourth Tuesday in October last. 



At a Council held at Perth Amboy Octr 10 th 1741. 

Present 
His Excellency Lewis Morris Esq r 

James Alexander ^) 
John Rodman 
Richard Smith [ Es( T 
Fenwick Lyell J 

Complaint being made to the Board by Miles Weeks that 
he haveing been sent by the Clerk of the Crown with His 
Majesty's Writt for electing a Representative for the County 
of Salem, to the High Sherriff of the said County, was in 
his Journey thither on the 5* of this Month stop't and 
detained for the Space of three hours and an half or there- 
abouts, Notwithstanding he produced His Majesty's Writt 
aforesaid, by one W or John Coxe at Ancocus 1 Ferry in the 
County of Burlington, under pretence that he the said Weekes 
was a Runaway, at the same time telling him the said Weekes, 
that he Coxe was not obliged to take any Notice of the King's 

1 Rancocus. 



230 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



Writt, so Shewn him as above, but must have a pass ; and 
would have Carried him the said Weekes back to Burlington, 
had not the accidental arrival of some Gentlemen to whom 
the Said Weekes was Known prevented him. And the said 
Weekes having made Oath to the above Complaint. 

Ordered, by His Excellency by the advice of the board, 
that Peter Savery Serjeant at Arms do take into Custody, 
and bring before this Board with all possible Speed William 
or John Coxe of Ancocus Ferry in the County cf Burlington ; 
and that Miles Weekes do attend the said Savery to Ancocus 
Ferry to Shew him the Person of the name of Coxe as he 
was told by whom he was thereby stop'd and detained, that 
he the said Savery May pursuant to this Order take him into 
Custody, and bring him before this Board. And all Justices, 
Sherriffs, Constables and others are hereby required and 
Commanded to be aiding and assisting to the Said Peter 
Savery therein. 

At a Council held at Perth Amboy Oct r 14 th 1741. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 

John Rodman 

Richard Smith j> Esq rs 

Rob* Hunter Morris j 
Fenwick Lyell J 

Peter Savery Serjeant at Arms acquainted the Board, that 
in pursuance, the order of the 10 th instant he had taken into 
Custody William Coxe of Ancocus Ferry of the County of 
Burlington. 

Ordered, that the several Members of his Majesty's Council 
now in this City be a Committee to examine the said William 
Coxe and such Evidences as shall then be produced on either 
side in relation to the Complaint of Miles Weekes against the 
said Coxe. 



1741] JOURNAL OF GOVERNOR AND COUNCIL. 231 

October 15 th 1741 

Present 
His Excellency Lewis Morris Esq r 

John Reading "} 

John Rodman 

Richard Smith }. Esq rs 

Robert Hunter Morris j 
Fenwick Lyell J 

M r Reading from the Committee of Council to whom was 
referr'd the Examination into the Complaint of Miles Weekes 
<fec. reported that the said Committee have Examined Miles 
Weekes, William Coxe and the Evidences in the matter of 
the said Complaint and that the Committee are on the whole, 
doubtfull whether the said William Coxe did comtemptously 
take up and detain the said Miles Weeks 

The Board taking the said Report into Consideration 
Ordered that William Coxe be discharged from the Custody 
of the Serjeant at Arms. 



At a Council held at Perth Amboy Oct r 27 th 1741. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 

John Rodman 

Richard Smith J> Esq" 

Robert Hunter Morris | 
Fenwick Lyell J 

His Excellency sign'd the following Warrants for a quar- 
ters alary commencing the 23 d day of June and ending the 
23 d September last. 



232 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



130. To himself. 250 

131. To Robert Hunter Morris Esq r Chief 

Justice 37",, 10 - 

132. Joseph Bonnel second Judge 10 

133. Joseph Warrell Attorney General.... 10 - 

134. Archibald Home Clerk of the Coun- 

cil 7 ,,10,, 

135. Andrew Johnston Treasurer E. Divi- 

sion 10 

136. John Allen Treasurer W. Division.. 10 

137. Charles Read Clerk of the Circuits... 5 - 

138. Walter Hetherington doorkeeper of 

the Council 2 10 

as also 

139. To Benjamin Franklyn for printing 

Laws and Votes as "$ Certificate... 46 14 

140. To Andrew Johnston for the use of 

Richard Partridge Agent at the 
Court of Great Britain for one 
year and one quarters Salary com- 
mencing June 23 d 1740, and end- 
ing the 23 d September last 100 - 

141. To his Excellency for one year's 

House Rent commencing 23 d Sep- 
tember 1740 and ending the 23 d 
Sep r last 60 



At a Council held at Perth Amboy November 2 d 1741. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ") 

John Rodman 

Richard Smith } Esq 

Rob* Hunter Morris j 

Fenwick Lyell 



1741] JOURNAL OF GOVERNpR AND COUNCIL. 233 

Archibald Home presented to His Excellency His Majes- 
tys Mandamus appointing Him one of the Council of this 
Province which Mandamus is as follows. 

George R. 

Trusty and Welbeloved, We greet you well, We being well 
satisfy'd of the Loyalty Integrity and Ability of our Trusty 

three ^ and well beloved Archibald Home Esq r have 
half Crown V thought fit hereby to signify our Will and 

Stamps ) Pleasure to you, that forthwith upon the Receipt 
hereof, you swear and admit him the said Archibald Home 
to be one of our Council of that our Province of New Jersey 
in America in the Room of Robert Lettice Hooper Esq r 
deceased, And for so doing this shall be your warrant, And 
so we bid you farewell. Given at our Court at S* James's 
the twenty ninth day of April 1741 in the fourteenth year 
of our Reign 1 

By his Majesty's Command 

HOLLES NEWCASTLE 
Archibald Home Esq r to be of 

the Council of New Jersey 

Superscribed 

To our Trusty and well beloved Lewis 
Morris Esq r our Captain General & Gov- 
ernour in Chief of our Province of Nova 
Csesarea or New Jersey in America, And 
in his absence To our Commander in Chief 
or to the President of our Council of our 
said Province for the time being. 

In obedience to which His Excellency with the Advice of 
the Council adminster'd to M r Home the Usual oaths and he 
then took his Seat at the Board 

'See N. J. Archives, VI., 127. 



234 NEW JERSEY COLONIAL DOCUMENTS. [1741 

At a Council held at Perth Amboy Nov r 5 th 1741 

Present 
His Excellency Lewis Morris Esq r 

Richard Smith ^ 

Ro : Hunter Morris > Esq 

Archibald Home ) 

His Excellency was pleased to sign the following warrants 
in pursuance of an Act of General Assembly entituled an Act 
for the Support of the Government of His Majesty's Province 
of New Jersey for one year Commencing the 23 d September 
1741 and ending the 23 d September 1742. 

N 142. To John Reading for 38 days attend- 
ance in Council 11 8 

143. James Alexander 35 days d 10 10 - 

144. John Rodman 38 days d 11 8 - 

145. Richard Smith 38 days d 11,, 8,,- 

146. Robert Hunter Morris 38 days d.... 11 8 - 

147. Fenwick Lyell 35 days d 10 10 

148. Peter Baynton 12 days d 3 12 - 

149. Archibald Home 6 days d 1 16 - 

150. Thomas Bartow Clk of the Assembly 25 12 - 

151. Andrew Robison Serj* at Arms for 

35 days attendance on the House 

of Representative? 5 5 

152. Peter Savery Serj' at Arms for 42 

days attendance on the Council.... 6 6 

153. Zachariah Weeks doorkeeper of the 

House of Assembly 35 days At- 
tendance 5 5 

1 54. Joseph Warrell Attorney General for 

his attendance 6,, 

155. Ex r d of John Parker for an Assem- 

bly room 5 ,, 

156. M Sarjant for a Council room 3 15 



1741] JOURNAL OF GOVERNOR AND COUNCIL. 235 

157. Andrew Johnston for the Ballance of 

his Account 43 12 

158. D for the Use of Richard Partridge 88 14 10 J 

1 59. Archibald Home for money disbursed 

and Services 47,, 6,, 2 

160. M r " Bard fora Council Room in the 

year 1740 9 12 

161. Richard Smith for Carpenter's Work 

&c. he paid .' 9 18 6 

162. William Petty door keeper to the 

Assembly in 1740 15 

163. M r Lyell for drawing a Bill in the 

year 1740 5 

164. Samuel Bustill for Copying Laws 

pass'd 1733 10 



At a Council held at Trenton the 30 th Decem r 1741. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 

Rob* Hunter Morris V Esq" 
Archibald Home J 

His Excellency was pleased to sign Warrants for a Quarter's 
Salary from the 23 d of September last to the 23 d of this Instant 
Decem r to the following Officers. 

N165. To himself. 250 

166. Rob* Hunter Morris Esq r Chief Jus- 

tice 50 ,, 

167. Joseph Bonnel Esq r Second Judge... 7 10 - 

168. John Allen Esq r third Judge 7 10 

169. Joseph Warrell Esq r Attorney Gen- 

era 1 10 



236 NEW JERSEY COLONIAL DOCUMENTS. [1741 

170. Archibald Home Esq r Clerk of the 

Council ... 7 10 

171. Andrew Johnston Esq r Treasurer E. 

Division 10 

172. John Allen Esq r Treasurer W. Divi- 

sion 10 

173. Walter Hetherington Door Keeper of 

the Council 2 10 

174. Andrew Johnston Esq r for the use of 

Rich d Partridge Esq r Agent 20 - 

At a Council held at Trenton April 7 th 1742. 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton "} 
John Reading 
John Rodman J> Esq 
Richard Smith 
Arch d Home 

His Excellency was pleased to sign Warrants for a Quarter's 
Salary from the 23 d December to the 23 d March last to the 
following Officers of the Governm* Viz' 

N 175. To Himself. 250 - 

176. Rob 4 Hunter Morris Esq r Chief Jus- 

tice 50,, 

177. Joseph Bonnel Esq r 2 d Judge 7 10 - 

178. John Allen E<q r 3 d Judge 7 10 - 

179. Joseph Warrell Esq r Attorney Gen- 

eral 10 - 

180. Arch d Home Esq r of the Council 7 10 - 

181. Andrew Johnston Esq r one of the 

Treasurers 10 - 

182. John Allen Esq r one of the Treas- 

urers 10 - 



1741] JOURNAL OF GOVERNOR AND COUNCIL. 237 

183. Andrew Johnston for the Use of 

Rich d Partridge Agent 20 

184. Walter Hetherington door keeper of 

the Council 2 10 

as also 

185. To John Peter Zengar for printing 

Votes & c in the year 1738, as ^ 

Certificate 42,, 2,, 



At a Council held at Trenton April 8 th 1742 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton 
John Reading 
John Rodman 
Richard Smith 
Ro : Hunter Morris | 
Arch d Home J 

His Excellency again laid before the Board His Majesty's- 
Royal Instructions, communicated to them and the House of 
Assembly on the 26 th day of June 1740 relating to the Expe- 
dition against the Spanish West Indies, together with a 
Letter from his Grace the D. of Newcastle His Majesty's 
Principal Secretary of State, dated at Whitehall December 
4 th 1740 requiring his Excellency, if my Lord Cathcart, 
Commander of the Forces in the West Indies, Should think 
proper to send to him for any Number of Men for Recruits, 
or for any other Service, to endeavor to raise them accord- 
ingly, and to take Care that they be transported to such 
Place, and at such times as Lord Cathcart should appoint. 

His Excellency also laid before the Board a Letter he had 
received from the Hoiible Thomas Wentworth, now General 
& Commander of His Majesty's Forces in the West Indies 
dated Jamaica Feb y 2 d 1741 recommending to him to give 



238 



NEW JERSEY COLONIAL DOCUMENTS. 



[1741 



the Officers, by him now sent to levy Soldiers in this Province 
All the Assistance in his power and to give the Captains 
Credit for such sums as may be wanted for that Service not 
doubting but his Excellency will take the proper Measures 
for their being transported thither, to support which charge, 
He flatters himself, the respective Provinces will make a 
Provision, as all his Majesty's Dominions in the West Indies 
are particularly interested in the Success of the Expedition ; 
And Captain Farmer having in pursuance of the said Letter 
and by Order of General Wentworth applyed to his Excel- 
lency on the above account ; His Excellency was pleas'd to 
ask the opinion and advice of the Board, Whether he should 
call together the General Assembly of this Province in order 
to require their aid therein? and also desired of them the 
Reasons for such Opinion and Advice as they should think 
proper to give on that Head. 

The Council having taken the aforementioned Instructions 
And Letters into Consideration unanimously gave it as their 
Advice and Opinion That his Excellency should not at this 
time call together the General Assembly of this Province on 
the foregoing account ; nor till his Excellency if he Expects 
any Aid from them is enabled to lay before the Houses a 
well grounded Computation of the Number of Men likely to 
be raised in this Colony for His Majesty's Service, and for 
whose Transportation only the Council Conceive Him 
empower'd by His Majesty's said Instructions to ask the 
Assistance of the Province ; without which Computation they 
are not of Opinion that the General Assembly could (if at 
all) be induced to raise any money for transporting the 
Recruits (They the General Assembly) having already con- 
sented to appropriate a considerable sum of money towards 
this Expedition which sum the Council have great reason to 
believe was all the aid they imagined would be required of 
them on that Score. 

M r Chief Justice representing to the Board that the time 
by Ordinance appointed for the Sitting of the Supream 



1741] JOURNAL OP GOVERNOR AND COUNCIL. 239 

Court is too Short for the dispatch of the Business depend- 
ing in the said Court and a great hindrance and delay to the 
Administration of Publick Justice, His Excellency was 
thereupon with the advice of His Majesty's Council pleased 
to Order that the Several Terms of the Supreme Court for 
this Province from and after the Term of May next ensuing 
shall be and continue to sitt and be holden from the Tuesday 
the Commencement of the said Term to the Tuesday of the 
Week thereafter both days inclusive and to direct an Ordi- 
nance to be made out and published accordingly. 



At a Council held at Burlington Nov r 3 rd 1742. 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton ^) 
John Reading 
John Rodman )> Esq rs 
Richard Smith 
Archib d Home 

It having been represented to His Excellency that the 
times of Sitting of the Courts for Tryal of Causes brought 
to issue in the Supream Court in the Counties of Monmouth 
and Essex were by reason of the Prolongation of the sitting 
of the Supreme Court become highly inconvenient, His 
Excellency was pleas'd with the Advice and Consent of the 
Board to Appoint the said Courts hereafter to be held as 
follows Viz* in the County of Monmouth on the 3 rd Tuesday 
in November and in Essex on the 4 th Tuesday in November, 
and to direct an Ordinance to be made out Seal'd and pub- 
lish'd accordingly. 



240 NEW JERSEY COLONIAL DOCUMENTS. [1741 

At a Council held at Burlington Nov r 4 th 1742 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton ^ 

John Reading 

John Rodman } Esq 

Rich d Smith 

Arch d Home } 

His Excellency Sign'd Warrants to the following Persons 
for a half year's Salary from the 23 d March 1742 to the 23* 
September last Vizt. 

N 186 To himself 1 quarter from 

23 d March to 23 d June. .250 - 

187. To Himself a Quarter 

from 23 d June to 23 d 

Sep r last 250,, 

500 

188. To R6V Hunter Morris Esq r Chief 

Justice 100 

189. Joseph Bonnell Esq r 2 d Judge 15 - 

190. John Allen Esq r 3 rd Judge 15 - 

191. Joseph Warrell Esq r Attorney Gen- 

eral..... 20 - 

192. Arch d Home Esq r Clerk of the Coun- 

cil 15,, ,, 

193. Andrew Johnston Esq r one of the 

Treasurers 20 - 

194. John Allen Esq r one of the Treasurers 20 - 

195. Andrew Johnston Esq r for the use of 

Rich d Partridge 40 - 

196. Walter Hetherington door keeper of 

the Council... 5 



1742] JOURNAL OF GOVERNOR AND COUNCIL. 241 

as also 
N 197. To His said Excellency for a year's 

House Kent 60 

198. John Hyndshaw for binding books 

f Certificate 8 14 

His Excellency was also pleas'd to communicate to the 
Board a Paragraph of a Letter from the Board of Trade and 
Plantations dated August 3 d 1742 in the following words. 

" We observe what you write in regard to Paper Currency 
" and hope you'll take effectual Care for the punctual Sinking 
" the outstanding Bills in the manner prescribed by the sev- 
" eral Acts that Establish them, and all other proper means 
" of Keeping up their Credit and preventing their increase 
" that in time an end may be put to a Currency which has 
"been attended with so many Inconveniences. We desire 
" therefore you will Continue to give us from time to time an 
" Account of what Number of these Bills Are paid off and 
" sunk. 

Signed MONSON 

R. PLUMER 
B. KEENE 
M. BLADEN 
JA: BRUDNELB 



At a Council held at Burlington November 17 th 1742. 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton 
John Reading 
John Rodman 
Rich* Smith 
Arch d Home 

His Excellency in presence of the Council, and a Committee 
of the House of Assembly appointed for that purpose, saw 

16 



242 NEW JERSEY COLONIAL DOCUMENTS. [1742 

burnt and distroy'd 184 5 in Bills of Credit of the 
year 1728 delivered in by Andrew Johnson, being part of 
the 4000, directed to be sunk in such Bills. 



At a Council held at Burlington November 25 th 1742. 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton ^ 
John Rodman 
Rich* Smith Es( T 

Arch d Home j 

His Excellency sign'd Warrants to the following Persons 
by Virtue of an Act pass'd at Burlington this day entitled 
an Act for the Support of the Government of His Majesty's 
Province of New Jersey &c. 

N 199 John Hamilton Esq r for 45 days 

Attend* in Council *. 13 10 - 

200. John Reading Esq r 45 d 13 10 - 

201. John Rodman Esq r 42 d 12 12 - 

202. Richard Smith Esq r 42 d 12 12 - 

203. Arch d Home Esq r 45 d 13 10 - 

204. Thomas Bartow Clerk of the House 

of Representatives 45 Days 18,, - 

and for entering Minutes & c 8 

205. Thomas Shreve Serj 1 at Arms to the 

House of Representatives 45 days.. 6 15 - 

206. Simon Nightingale Serf at Arms on 

the Council 45 days 6 15 - 

207. W m Pettit doorkeeper of the Assem- 

bly 42 days 6,, 6,,- 

208. Rich d Smith Jun r for firewood &c. for 

the Assembly 2 - 



1742-3] JOURNAL OF GOVERNOR AND COUNCIL. 243 

209. Stephen Williams for a Council Room.. 3 15 

210. To Andrew Johnston Ballance as "$ 

Act , 34,, 13,, 

211. Arch d Home for extraordinary Ser- 

vice? 5 

212. Andrew Bradford Printer his Ace'... 45 2 



At a Council held at Kingsbury Feb r y 1 st 1742. 

Present 
His Excellency Lewis Morris Esq r 

John Reading ^ 

Rob* Hunter Morris VEsq" 
Arch d Home J 

His Excellency sign'd Warrants to the following Persons 
for a Quarter's Salary from the 23 d Sept r to the 23 d Dec 1 
last Viz* 

IN" 213. To himself. 250 

214. Rob* Hunter Morris Esq r Chief Jus- 

tice 50 

215. Joseph Bonnel Esq r 2 d Judge 7 10 

216. John Allen Esq r 3 d Judge 7 10 

217. Joseph Warrell Esq r Attorney Gen- 

eral 10 

218. Arch d Home Esq r Clk of the Council 7 10 

219. Andrew Johnston Esq r [one] of the 

Treasurers , 10 

220. John Allen Esq r one of the Treas- 

urers 10 

221. Walter Hetherington door keeper of 

the Council 2 10 



244 NEW JERSEY COLONIAL DOCUMENTS. 

At a Council held at Kingsbury May 24 th 1 743. 

Present 
His Excellency Lewis Morris Esq r 

John Rodman ^ 

Richard Smith 
Rob* Hunter Morris f Es( l" 
Archib d Home J 



His Excellency sign'd Warrants to the following Persons 
for a Quarters Salary from the 23 d December to the 23 d Marc 
last Viz* 



N222. To himself. 250 

223. R. Hunter Morris Chief Justice 50 

224. Joseph Bonnel 2 d Judge 7 

225. John Allen 3 d Judge 7 

226. Joseph Warrell Attorney General.... 10 

227. Arch d Home Clerk of the Council... 7 

228. Andrew Johnston one of the Treas- 

urers 10 

229. John Allen one of the Treasurers... 10 

230. Walter Hetherington D. Keeper of 

the Council... 2 



10,,- 
10,, 



10 



10,, 



His Excellency laid before the Board a letter he had 
receiv'd from M r Samuell Mason, a Trustee for the Moheegan 
Indians, informing him, that the Court, Constituted by his 
Majesty's Commission of Review of the 8 th of Jan 17 1741 
whereby the Governors and Councils of the Provinces of New 
York and New Jersey, or any five of them, are impower'd to 
determine the difference subsisting between the Governor and 
Company of the Colony of Connecticut, and the Moheegan 
Indians, 1 had been opened & adjourned to the 20 th day of 

1 The Mohegan Indians appealed to Queen Anne to secure the restoration of 
tracts of land measuring more than forty square miles, of which they had been 
deprived in twenty-two years, for little or no compensation. She issued a commi 
sion July 29th, 1704, against which Connecticut protested, and refused to recognize it 



1743] 



JOURNAL OF GOVERNOR AND COUNCIL. 



245 



June next, then to meet at a place called Norwich in the 
Colony of Connecticut; His Excellency then proceeded to 
inform the Board, that he himself was unable to attend the 
said Service, having been Six Weeks Confin'd to his Bed and 
Chair and as yet unable to stir, but recommended it in the 
Strongest terms to the Gentlemen of the Council to pay Due 
obedience to His Majesty's said Commission. To which M r 
Rodman & M r Morris made answer that they were willing 
and ready to pay due Regard and Obedience to his Majesty's 
said Commission and on being well assured of their being 
paid the Charges generally allowed to His Majesty's Commis- 
sioners would attend at the time and place to which the said 
Commission now Stands adjourned. 1 

M r Smith and M r Home (the two other Members present) 
represented to His Excellency and the Board that they were 
each of them in so ill state of Health, of which they believ'd 
His Excellency and the Board sufficiently convinced, as 
rould by no means permitt either of them to undertake so 
listant and fatiguing a Journey. 

And the Board then unanimously gave it as their Opinion, 
That if His Excellency was able to go, (tho at present They 
saw he was not) Yet they thought it not advisable that he 
Should leave this Province and be at so great a distance from 
it at this Juncture When his Majesty is engaged in a War. 

authority. The commission gave judgment in favor of the Mohegans. Connecticut 
appealed, but in 1721 effected a compromise with the Indians. Capt. John Mason, 
Trustee of the Mohegans, was dissatisfied, and in 1735 went to England to lay the case 
efore the Crown. He died in England, and was succeeded in the Trusteeship by his 
3ns, John and Samuel. The tribe at this time numbered 80 or 100 men. In 1737 a 
ommission of review was made out in England, which met at Norwich in 1738, 
and decided against the Masons. The latter appealed, the decision was set aside, 
id a new commission appointed, January 9th, 1741. This body met at Norwich, July 
th, 1743, Robert Hunter Morris and Councillor Rodman representing New Jersey. 
November the commission decided in favor of the Masons, Morris and Rodman 
noting with the majority. Another appeal was taken, and the case dragged along 
till 1766, the Crown finally deciding in favor of the Colony. History of the Indians of 
Connecticut, by John W. De Forest, 1852, pp. 305-342. De Forest states that Gov. Lewis 
Morris represented New Jersey. The Journal of the Governor and Council shows 
lat this is an error. 
1 See Papers of Lewis Morris, 161-2. 



246 NEW JERSEY COLONIAL DOCUMENTS. [1742 

Journal of the proceedings of His Majesty's Council For 
the province of New Jersey at a Sessions of General Assem- 
bly of the said Province beginning at Burlington October 
16 th and Ending November 25 th 1 <f42. 



Saturday October 16 th 1742 

Present 

John Rodman ^ 
Richard Smith V Esq 
Archib d Home J 

His Excellency having commanded the attendance of the 
House of Assembly in the Council Chamber was pleased to 
Open the Sessions with the following Speech Viz* 

Gentlemen of the Council and Assembly. 

The Support of the Government was so lately Settled and 
for so Short a Time, that it seems needless for me to tell you 
that it is now expired, or to recommend to you the making a 
Suitable Provision for that Purpose. 

Your Knowledge of the Necessity that such Provision 
should be made, and your own just Inclinations to make it I 
believe are sufficient Inducements to you to do what is proper,, 
and in the most Agreeable Manner on this Occasion, and I 
persuade myself are (as they should be) Motives so Strong aa 
to make anything I can say on that Head, Superfluous to 
Men well disposed. 

I Should be very glad to meet you frequently, to receive 
your good Advice for the Regulation of my own Conduct, as 
well as that of others ; and to have often an Oppertunity of 
Assenting to such Laws for the Common Benefit, as are truly 
worthy of the Expence of the Publick Money, such often 
Meetings will Occasion. 

The Amending of Laws now in force where Experience 
has discovered their Defects is not less necessary than the 
forming of new ones when wanted ; and in both Cases great 



1742] JOURNAL OP THE PROVINCIAL COUNCIL. 247 

Care should be taken in the Composing of them, so as truly 
to make them Answ r the Ends intended by them, and as far 
as may be to prevent any Neglect or Failure in the due 
Execution of them ; and that the Justice intended by them 
should not be obtained at an Expence more Grievous to those 
who will be concerned to apply for it than would be felt by 
the Want of it. 

I must again Recommend to you the same things I did in 
the last Sessions at Amboy as Matters worthy of yo r Con- 
siderat n I shall add to what I then mentioned, that some 
Measures should be taken that the Publick Roads and Bridges 
may be kept in better Condition and Repair than for some 
time pass'd they have been. 

Gentl* 

The true End of your Meeting is *to do everything in yo r 
Power conducive to the publick Happiness and welfare ; and 
I hope such a Temper and Agreement will be cultivated and 
preserved between you that the good Purposes of your 
coming together may not, by any Means be defeated 

LEWIS MORRIS. 

Then the House Adjourned to 

Munday Octo r 18 th 1742 



Present 
The same 



The House adjourned to 



Tuesday Octo r 19 th 

Present 

John Reading ^ 
John Rodman i 
Richard Smith [ Es( l r 
Archib d Home J 

The House adjourned to 



248 NEW JERSEY COLONIAL DOCUMENTS. 

Wednesday Octo r 20 th 

Present 
The same 

The House adjourned to 

Thursday Octo r 21 st 

t Present 
The same 

The House adjourned to 



[1742 



Friday Octo r 22 nd 

Present 

John Hamilton ^j 
John Rodman 
Rich* Smith f Es( l" 
Archib d Home J 

The House adjourned to 

' 



Saturday Octo r 23 d 



Present 
The Same 



The House adjourned to 

Munday Octo r 25 th 

Present 

John Hamilton ^ 
.John Reading 
John Rodman J> Esq 
Richard Smith I 
Archib d Home J 

The House adjourned to 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 249 

Tuesday Octo r 26 th 

Present 
The Same 

The House adjourned to 

Wednesday Octo r 27 th 

Present 
The Same 

M r Peace and M r Vanbuskirk from the House of Assembly 
brought up a Bill entituled an Act to oblige the several 
Sherriffs of this Province to give Security and to take the 
Oaths or Affirmations therein directed For the due discharge 
of their Offices which was read the first time and ordered a 
Second reading. 

A Message from the House of Assembly by Coll Farmar 
and M r Richard Smith, That that House hath appointed M r 
Cooper M r Eaton, M r Hude, M r Low, M r Benj a Smith and 
M r Learning Jun r to be a Committee to joyn a Comittee of 
this House to inspect the Treasures Acco te and make report 
to the House 

Ordered that M r Eeading M r Rodman & M r Smith be a 
Comittee to join a Committee of the House of Assembly For 
the above purpose, and that they make report thereof to this 
House 

Ordered that M r Home do acquaint the House of Assembly 
therewith. 

M r Pearson and M r Demarest from the House of Assembly 
brought up a Bill entituled an Act declaring how the Estate 
or right of a Feme Covert may be Convey'd or extinguished 
which was read the first time and ordered a Second reading. 

Then the House adjourned to 

Thursday Octo r 28 th 

Present 
The Same 



250 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



M r Home reported that he had obey'd the order of thia 
House of yesterday 

The Bill entituled an Act to Oblige the several Sherriffs 
& ca was read a Second time and Committed to a Committee 
of the whole House or any three of them 

M r Eaton, and M r Brick from the House of Assembly 
broug' up a Bill entitled an Act subjecting Real Estates in the 
province of New Jersey to the Payment of Debts and direct- 
ing the Sherriff in his proceedings thereon which was read 
the First time and ordered a Second reading. 

The Bill entituled an Act declaring how the Estate or 
Right of a Feme Covert &"* was read a Second time and 
Committed to the whole House or any three of them. 

Then the House adjourned to 

Friday Octo r 29 th 

Present 
The Same. 

The Bill entifliled an Act Subjecting real Estates & ca was 
read a Second time and Committed to the whole House or 
any three of them. 

M r Reading from the Committee of the House on the Bill 
entituled an Act declaring how the Estate or Right of a 
Feme Covert & * reported that they had made several 
amendments thereto, which were read and agreed to by the 
House. 

Ordered, that M r Smith do carry down the said Bill w th 
the amendments made thereto by this House to the House of 
Assembly for their Concurrence. 

Then the House adjourned to 



Saturday Octo r 30* 

Present 
The Same 



1742] JOURNAL OF THE PROVINCIAL, COUNCIL. 251 

M r Vandevere and M r Learning Jun r From the House of 
Assembly brought up the Bill entitled an Act declaring how 
the Estate or Right of a Feme Covert may be convey'd or 
extinguished that house having agreed to the amendments 
made thereto by this House and pass'd the same. 

Then the House adjourned to 



Munday Nov r 1 st 

Present 
The Same 

The House adjourned to 

Tuesday Novem r 2 d 

Present 
The Same 

M r Rodman From the Committee on the Bill entitled an 
Act Subjecting Real Estates & oa reported the same without 
any Amendments 

Then the said Bill was read a third time and on the ques- 
tion. 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Reading do acquaint the House of Assem- 
bly that this House has pass'd the said Bill 

The Amended and Engross'd Bill entitled an Act declar- 
ing how the Estate or Right of a Feme Covert & ca was read 
a third time and on the question. 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same. 

M r Home from the Committee on the Bill entitled an Act 
to oblige the several Sherriffs &c a reported that they had made 
one Amendment thereto which was read and agreed to by the 
House. 



252 NEW JERSEY COLONIAL DOCUMENTS. 

Ordered, that M r Smith do carry down the said Bill with 
the Amendment made thereto by this House to the House of 
Assembly for their Concurrence. 

Then the House adjourned to 

Wednesday Nov r 3 d 

Present 
The Same 

M r Reading reported that he had obey'd the order of this 
House of Yesterday. 

M r Smith reported that he had obey'd the order of this 
House of Yesterday 

M r Rolph and M r Vanmiddleswart From the House of 
Assembly brought up a Bill entitled an Act concerning 
acknowledging Deeds in the Colony of New Jersey, which 
was read the first time and ordered a Second reading. 

Coll Farmar and M r Richard Smith from the House of 
Assembly brought back the Bill to oblige the several Sherriffs 
to give Security &c a with the amendment made thereto by 
this House, that Blouse having disagreed to the said Amend- 
ment and adhered to the Bill. 

which said Message being taken into Consideration and the 
Question put, whether this House adheres to their amendm' 
made to the said Bills ? it was carried in the Affirmative ? 

Then the question was put, whether a Conference be 
demand'd, with the House of Assembly on the subject matter 
of the said Amendment and carried in the Negative. 

Then The House adjourned to 

Thursday Novem r 4 th 

Present 
The same. 

The Bill entitled an Act concerning the Acknowledging of 
Deeds &c a was read a second time and committed to the House 
or any three of them. 



1742] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



253 



M r Low and M r Hancock From the House of Assembly 
brought up the Bill entitled an Act for the Registring of 
Deeds and Conveyances of lands in each respective County 
of this Colony, which was Read the first time and ordered a 
Second reading 

Then the House adjourned to 



Adjourned to 
Adjourned to 



Friday Nov r 5 th 
Saturday Novem r 6 : 

Munday Novem r 8 th 

Present 
The Same 



M r Cook and M r Vanbuskirk From the House of Assem- 
bly broug* up a Bill entitled an Act [to] relieve the necessities 
of the Inhabitants of this Colony of New Jersey, by making 
Forty thousand pounds in Bills of Credit. 

As also a Bill entitled an Act for Defraying ^the Expenses 
that may arise on printing signing &c a the sum of Forty 
thousand pounds in Bills of Credit. 

Then the House adjourned to 

Tuesday Nov r 9 th 

Present 
The Same 

The Bill entitled an Act to relieve the Necessities of the 
Inhabitants &c a was read the first time and ordered a Second 
reading 

The Bill entituled an Act for defraying the Expenses &c a 
was read the first time and ordered a Second reading. 



254 NEW JERSEY COLONIAL DOCUMENTS. [1742 

The Bill entitled an Act for the registring of Deeds & 
Conveyances &c a was read a Second time and Committed to 
the House or any three of them. 

Then the House adjourned to 



Wednesday Nov r 10 th 

Present 
The Same. 

The Bill entitled an Act to relieve the necessities of the 
Inhabitants of this Colony <fcc a was read the second time and 
committed to the House or any three of them. 

The Bill entitled an Act for defraying the Expenses &c* 
was read a Second time and Committed to the House or any 
three of them. 

Then the House adjourned to 

Thursday Nov r 11 th 

Present 
The Same. 

The House adjourned to 

Friday Nov r 12 th 

Present The Same 
The House adjourned to 

Saturday Nov r 13 th 
Present the Same 

M r Rodman from the Committee on the Bill entitled an 
Act concerning the acknowledging of Deeds &c* reported the 
same without any Amendment. 



1742] JOURNAL OF THE PEOVINCIAL COUNCIL. 255 

Then the said Bill was read a third time, and on the 
question 

Resolved that the same do pass. 

Ordered that the Speaker do sign the same. 

Ordered that M r Rodman do acquaint the House of As- 
sembly that this House has pass'd the said Bill. 

M r Rodman reported that he had obey'd the above order 

Then the House adjourned to 



Munday Nov r 15 th 

Present 
The Same 

M r Smith from the Comittee on the Bill entitled an Act 
concerning the registring of Deeds and Conveyances of lands 
in each respective County of this Colony reported the same 
without Amendment. 

Then the question was put whether the said bill be read 
a third time, and carried in the Negative. 

Then the question was put whether the said bill be rejected 
and carried in the Affirmative. 

Then the House adjourned to 



Tuesday Nov r 16 th 

Present 
The Same 

M r Low and M r Shinn from the House of Assembly 
brought up a bill entitled an Act for ascertaining the Fees 
to be taken by the several Officers in the Colony of New 
Jersey. 

A Message from the House of Assembly by M r Vanmid- 
dleswart and M r Peace desiring to know what Progress this 
House has made in the Bill for registring of Deeds &c a sent 



256 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 1 



up the 3 d inst' as also in the Bill to relieve the necessities &c a 
sent up the 8 th instant for the Concurrence of this House. 

M r Reading from the Comittee on the Bill entitled an Act 
to relieve the necessities &c* reported that they had made sev- 
eral Amendments to the said Bill which were read and agreed 
to by the House 

Ordered, that M r Reading do carry down the said bill' 
with the amendments made thereto by this House to the 
House of Assembly for their Concurrence. 

Ordered, that M r Reading do also carry down to the 
House of Assembly the Minute of this House of 15 th inst 1 re- 
lating to the Bill for registring Deeds & Conveyances of lands- 
& c that the said House may be thereby informed what Pro- 
gress this House has made in the said Bill. 

M r Reading reported that he had obey'd the above orders- 
of this House. 

The Bill entituled an Act for ascertaining the Fees to be 
taken by the several Officers &c a was read the first time, Then 
the question was put whether the said Bill be read a Second 
time ? and carried in the Negative. 

Ordered, that the said Bill do lie upon the Table for Fur- 
ther Consideration. 

Then the House adjourned to 



Wednesday Nov r 17 th 

Present 
The Same 

M r Leonard and M r Brick from the House of Assembly 
brought up the engrossed Bill entitled an Act for making Cur- 
rent 40000 in Bills of Credit, with the amendments made 
thereto by this House, that house having agreed to all the- 
said Amendments. 

Then the said Bill being read and Compared, 

Resolved that the same do pass. 

Ordered, that the Speaker do Sign the same 






1742] JOURNAL OF THE PROVINCIAL COUNCIL. 257 

M r Reading from the Committee on the Bill entitled an 
Act For defraying the Expences that may arise on printing 
signing &c a reported the same with some Amendments, which 
were read and agreed to by the House. 

Ordered, that M r Reading do carry down the said Bill with 
the Amendments to the House of Assembly For their Con- 
currence 

M r Reading reported that he had obey'd the above order 

Then the House adjourned to 

Thursday Nov r 18 th 

Present 
The Same 

M r Richard Smith, and M r Hude from the House of Assem- 
bly brought up the Bill entitled an Act for the support of 
the government of His Majesty's Province of New Jersey for 
one year &c a 

M r Learning Jun r and M r Peace from the House of Assem- 
bly brought up the Engrossed Bill entitled an Act for defray- 
ing the Expenses that may arise on printing signing &c a the 
sum of 40,000 &c a with the Amendments made thereto by. 
this House, that House having agreed to all the said Amend- 
ments. 

which Bill with the Amendments being compared, and read 
a third time. 

Resolved that the same do pass. 

Ordered, that the Speaker do sign the same 

The Bill entitled an Act for the Support &c a was read the 
First time, and ordered a Second reading. 

Then the House adjourned to 

Friday Nov r 19 th 

Present 
The same 

17 



258 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



The Bill entitled an Act for the Support &c* was read the 
Second time and ordered a third reading. 
The House adjourned to the Afternoon 

The House then met 
Present the same 

The Bill entitled an Act For the Support &c & was read the 
third time, and on the Question put 

Resolved that the same do pass 

Ordered that the Speaker do sign the same 

Ordered that M r Smith do acquaint the House of Assem- 
bly that this House has passed the said Bill, and that this 
House have now no Buisness before them 

Then the House adjourned to 



Saturday Nov r 20 th 

Present 
The Same 

M r Reading from the Committee appointed to inspect the 
Treasurers Acct" &c* reported the same which Report was 
read and Agreed to by the House and is as follows Viz' 

The Committees appointed to Examine the Treasurers 
Accompts having carefully examined the same do agree that 
M r Reading from the said Committees do make the following 
Report to the Council contained in the following Accompt. 

D r John Allen Treasurer of the Western Division C r 
of the province of New Jersey 

Support of Government 



To arrearages in Bur- 
lington County as the 
same was reported at 
Last Settlem* in the 
year 1740 30,, 5,,! 



By part of a Defi- 
ciency at last 
Settlem' in the Co : 
of Burlington un- 
paid 18,, 8 ,,11 



1742] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



259 



Interest Money payable 



To Sundry Deficiencies 
in the first 40,000 
in the several Loan 
Offices as Reported at 
last Settlem' in y e 
year 1740 in the 
Counties Viz 
Hunterdon ... f 22 3 7% 

Burlington 13 7 2% 

Cape May 4 7% 



35,,15,,5f 



Interest Money Payable 

from Hunterdon 

County part of the 

first years Interest 

money arising from 

y 20000 still unpaid 

as by y e sd Treasurers 

Acco* said to be due 

from the Estate of 

James Trent late 

Commiss r of the Loan 

Office of s d County 

deceas d as the same 

was reported in the 

last Settlement in the 

year 1740 34,, ,, 

To the Balance remain- 
ing due in his hands at 

last Settlem* for In- 
terest & Support. 483,, 8,,4 

To Interest money pay- 
able from the Western 

Counties for the 

20,000 in y years 

1740, 1741, & 1742 



Hunterdon 
Burlington 
Gloucester .. 
Salem 


.184 
.,,317 
.,,217 
370 


10, 
1, 
17, 

8, 


3 
6 

6 




Cape May... 


. 76 


14, 


6 
1 1 fifi 11 


Q 



By Sundry Deficiencies 
in the first 10,000 
Still unpaid by the 
Couuties following 
Vizt Hunterdon as 
by ye said Treasurers 
Account is said to 
be due from the 
Estate of James 
Trent, late Commr 

deed 22,,3,,7% 

Burlington 13 ,,7 ,,2% 

Cape May ,4 ,,7% 

: '- 35 ,,15,, 5| 

By a Deficiency in the 

County of Hunter- 
don part of the first 

years In' money 

arising from the 

20,000 Still un- 
paid as by the said 

Treasurers Account 

is said to be due 

from the Estate 

of James Trent, 

late Commiss r of 

the Loan Office 

of the said County 

deceased. 34,, 

By sundry Warrants 

Certificates &c a pro- 
duced & endorsed 

by Order of the 

Comittees as ac- 
count ed for 

amounting in the 

whole to the sum 

of Two Thousand 

three Hundred and 
Fifty eight pounds 

five Shillings and 

eight pence 2358,, 5,, 8 

Balance due ,,1973,, 5,, 8| 



To Interest money pay- 
able from the West- 
ern Counties for the 
40,000 in the years 
1740, 1741, & 1742 



4420,, 5,, 9| 

By Order of the Committees 
JNO READING 
Jos : COOPER 



260 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



Hunterdon 
Burlington , 
Gloucester . 

Salem 

Cape May.. 



384 , , 

,,655 

,,451 

,,765 



A, 



-2416 ,,16,, 



To part of the 4,000 
remaining in s d Treas- 
urers Hands ap- 
pointed to be can- 
celled & Destroyed in 
Bills dated 1724 (if to 
be found) as the same 
was reported at Last 
Settlm* in 1740 the 
sum of. 253,, 8,,6 



4420,, 5,,9| 

The Committees further pro- 
ceeded to Examine sundry 
Bundles of Ragged & Torn 
bills Exchanged by y e s d Treas- 
urer & Cancelled, bundled up ? 
tied, Sealed and Certified by 
the Justices & Freeholders of 
the County of Burlington pur- 
suant to the Acts of Assembly 
of this province in the whole 
amounting to 2400,, 12,,which 
were destroyed in the presence 
of the said Committees by 
Burning. 

The said Committee do further agree that M r Jn Reading 
from the said Committee do make the following Report to 
the Council contained in the following Account 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 261 

D r Andrew Johnston Esq r Treasurer of the Eastern C r 
Division to the Province of New Jersey 



Support of Government 



To sundry Arrearages in 

the following Counties 

as the same was Re- 

ported in 1740 viz' 

Middlesex... 18 ,,18 ,,5% 

Ditto in 1730 ,,25,, ,, 



43 ,,18,, Si- 



Somerset .................... 18,, 3,, 

To a Ballance last 

Settlem* which was 

due from M r Mich 1 

Kearny late Treas- 

urer and ordered to 

be paid to Andrew 

Johnston, Esq r pres- 

ent Treasurer .......... 567,, 1,, 4 

To the Ballance re- 

mains in his hands at 

last Settlem* in 1740 

as $ Keport ......... " 1046 18 if 

To sundry Defficiencies 

in the Interest money 

at their Report Viz' 
Bergen ...... 21,, 4 9^ 

Essex ......... 72,, 6, ,5% 

Middlesex.. 38 12 7% 
Monmouth 246 11 8% 



378 ,,15,, 4| 



To Interest money Pay- 
able from the Eastern 
Division for the 20,- 
000 in y years 1740, 
1741, & 1742, 
Bergen ....... 209,, 2,, 9 

Essex .......... 349 4 9 

Middlesex... 295 15 3 
Monmouth.. 438,. 6,, 9 
Somerset ...... , 96 ,, 7 6 



To Interest money pay- 
able from the Eastern 
Counties for the 40,- 
000 in y years 1740, 
1741, & 1742 viz' 



1388 ,,17,,- 



By sundry Defi- 
ciencys $ Contra 
in the Counties as 
the same was re- 
ported at last Set- 
tlem* viz* 

M i d d lesex 
outstandg 18 , , 18 5 J 

Ditto in 1730 25,, ,, 



43 ,,18,, 



Somerset ............... 18,, 3,, 

By Ballance still 

due from the Es- 

tate of Michael 

Kearney Deceased 309 6 4f 
By sundry Defficien- 

cys still unpaid in 

the Interest money 

in the following 

Counties viz' 
Bergen ....... 21,, 4,,9J 

Essex ......... 72,, 6,, 5J 

Middlesex.. 38 ,,12 ,,7$ 

--- 132,, 3 ,, lOj- 
By sundry Warrants 

Certificates & ca 

produced & En- 

dorsed by order of 

the Committees 

as accounted for 

Amounting in the 

whole to Sum of.. .2506,, 11 10 
Ballance due ....... 3292,, 4,, 8 



6302,, 8,, 



By the said sum of 
One Hundred 
Eighty four 
pounds five Shil- 
lings in Bills Dated 
in 1728 which the 
Committees to- 
gether with His 



262 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



Bergen 432 , 

Essex 722 , 

Middlesex... 603 , 
Monmouth.. 904 , 
Somerset 201, 



18 



2864 ,,14,,- 
6302,, 8 ,,2} 

To part of the four 
thousand pounds 
which (as Executor 
of John Parker de- 
ceased who in his 
life time Assumed to 
pay the same for 
Moses Rolph late Col- 
lector of Middlesex 
County) remained in 
the s d Treasurers 
hands at the last Set- 
tlem' in 1740 and 
which was then or- 
dered to be Ex- 
changed for Bills 
dated in 1728 the 
sum of 184,, 5,, 

To the Deficiencys'Be- 
ported in 1740 Viz 1 in 

Essex 7 12,, 5 

Somerset 1 18,, 7 



oil 

" >i ii 



Excellency the 
Governor saw de- 
stroyed by burn- 
ing 184 

By arrearages Still 
outstanding Viz* in 

Essex 7,,12,,5 

Somerset 1 18 7 



,, 5,,- 



Q 11 . 
v il 



Ballance remaining 
in the Treasurers 
hands which sum 
of 208 ,,13 ,,6 
the Committees 
are of Opinion 
ought to be Ex- 
chang'd by the 
Treasurers for 
Bills dated in the 
year 1728 ............ 



To the other part of the 
said 4000 being the 
ballance remaining 
Uncancelled in Mich- 
ael K e a r n y late 
Treasurers hands as 
$ Eeport in 1740 
and since paid to the 
present Treasurer the 
sum of. 208,,13,, 6 

By Order of the Committees 

JN READING 
Jos. COOPER 



208 ,,13,, 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 263 

His Excellency came into Council, and having commanded 
the Attendance of the House of Assembly was pleased to 
acquaint that House that he had O[b]served in the Votes of 
their House of the 19 th Instant signed by their Clerk the 
following Minutes and order 

" It appearing to the House by the above Report that there 
" is a Sum of money remaining in the hands of John Allen 
" Esq r Treasurer of the Western Division to be destroyed in 
"Bills dated in 1724 (if to be found) Ordered that the said 
" Treasurer do Exchange any Bills dated in the year 1724 not 
" exceeding the Sum reported, and that M r Rich d Smith do 
" get Advertisements inserted in the Pennsylvania Gazette to 
" give Notice to all persons possessed of such Bills that they 
" may have them Exchanged. 

Then His Excellency demanded of the House of Assembly 
by w* Authority they had made the above receited Order ? 
The House of Assembly by his Excellencys permission with- 
drew 

Then the House adjourned to 

Munday Nov r 22 

Present 
The Same 

His Excellency came into Council and laid before the 
House A Message he had received from the House of Assem- 
bly dated the 20 th instant in the following words viz* 

"Ordered, that M r Cooke M r Leonard & M r Eaton do 
" wait on his Excellency and acquaint him that what the 
" House designed in Ordering the money dated in 1724 to be 
"exchanged was in pursuance of Agreements of the Com- 
"mittees of the Council and Assembly particularly that 
"reported in 1730, and without Design Design or so much as 
" a thought of Attempting any other power than what was 
" agreeable to that Report, and to remove any Jealousy that 



264 NEW JERSEY COLONIAL DOCUMENTS. [1742 

"his Excellency may entertain of this House assuming a 
"power that does not belong to them they are willing to 
" recede from the same 

" THO" BARTOW Clk of the Assembly 
" Novem' 20 th 1742 

His Excellency was then pleased to demand of the Council 
whether they knew of any Agreements of the Committees of 
the Council & Assembly as set forth in the said Message? and 
then left the House. 

The House having considered of His Excellency's said 
Question and having perused the Books of Council do Find 
that on the 9 th July 1730 M r Parker Chairman of the Com- 
mittee of Council appointed to join a Committee of the House 
to inspect the Treasur 6 Acco te made report thereof to the 
then Governor and Council in which said report are y e Follow- 
ing Words viz* "That it appears by Divers minutes of 
" Council, John Allen, Treasurer of the Western Division 
" hath laid before the Governor and Council at Divers times 
" the Sum of 916 19 in old Bills & 458 9 6 in new 
"Bills to be Cancelled which was accordingly done, That 
" supposing he"hath received all the Taxes for that Purpose 
" And that there are no Difficeincies in the Western Division 
" there will remain in his hands to be cancelled the Sum of 
" 458 9 6 which ought to be in old bills, But the Com- 
" mittee having Enquired of the said Treasurer Concerning 
" the same, were by him informed, that the bills by him laid 
" before the Council and there Cancelled in January 1728 to 
" the value of 458 9 6 were new bills which he has 
" since been informed should have been old bills, that he now 
has the sum of 456 9 6 in new Bills ready to lay before 
the Governor and Council to be Cancelled but that he had 
not any Old Bills, so that it appears to the Committee that 
there Still remains to be Cancelled of the 4000 the Sum of 
Four Hundred thirty six pounds & one Shilling in old Bills 
which Sum they are of Opinion (in as much as it may be 
reasonably Expected that many of the said old Bills are lost) 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 265 

will be more than Sufficient to Exchange all that now 
Remains to be Exchanged. That after allowance of the sum 
of 77 11 6 to be given in Exchange for old Bills, and 
for all Difficen ys there will remain in New Bills to be Can- 
celled as aforesaid in the hands of The Treasurers of the 
Eastern Division the Sum of 291 19 6 And the Com- 
mittee are of Opinion that the said Treasurer do Continue to 
Exchange old Bills to the value of 77 11 6 and that the 
Treasurer of the Western Division do Continue to Exchange 
Old Bills to the value of 458 9 6 (if so many as will 
Amount to that value are offered to be Exchanged) in Order 
to make up the Sum of Three thousand pounds Which accord- 
ing to Law ought to be Cancelled in Old Bills 1 

That it does not Appear to this House that said Report 
was agreed to by the Governor and Council nor does it appear 
to them that the said report was Signed by the said M r Parker, 
or any person whatsoever, That as to any other or Subsequent 
Agreements made by the Council or their Committees to the 
purposes mentioned in the Assembly's Message, they never 
knew of nor were consenting to any. 

Then the House adjourned to 



Tuesday Nov r 23 d 
Present the same 
The House adjourned to 

Wednesday Novem 1 24 th 
Present the same 

His Excellency having communicated to this House the 
following Message, was pleased to send the same to the 
House of Assembly 

1 N. J. Archives, XIV., 445-6. 



266 



NEW JER8EY COLONIAL DOCUMENTS. 



[1742 



Gentl n 

" I have communicated your Message of the 20 th Instant 
" to the Gentl" of the Council, as I told your Messengers I 
" would, and I send you herew" 1 their Answer by which it 
" appears that the Committees Agreed in Opinion that the 
" Treasurers should continue to sink old bills to a Certain 
" Value there mentioned, and agreed to report this Opinion ; 
" which they accordingly did but it doth not appear that 
" either the Governor, the Council or the House Agreed to 
" the Opinion of their Committees or Approv'd of it ; and it 
" is most probable they did not ; because there was no Law 
"made for that purpose pursuant to the Opinion of the 
"joined Committees and without such Law it could not be 
"done; as it is probable James Alexander Esq r a Judicious 
" Lawyer one of the Members of Council (not of the then 
" Committee) and present at the delivery of the Report 
" might inform them nor doth it appear that any Order was 
" made by the Council and Assembly or either of them for 
" that purpose because they must have known the Treasurer 
" would have been Criminal in Obeying of it had such an 
" Order been made for by an Act of the Legislature of this 
" Province made in the first year of the Reign of His Pres- 
" ent Majesty George the Second the Currency of the Bills 
" made in 1 724 between Man & Man Expired & ceas'd the 
" first Munday in Novem r 1 728 and were not to be taken by 
"the Treasurers after the first day of November 1729, as is 
" expressly declared in the body of the said Act and in the 
" form of an Advertisement directed in the said Act to be 
" printed in the public News papers, So that any Order made 
"by the Council and assembly or Either of them in 1730 
" could not Oblige the Treasurer to take them in Exchange 
" contrary to the Express words of the said Act nor any 
" thing of less Authority than an Act of the Legislature. 
" But whatever was the Opinion of the Committees of that 
" time is not very Material there has been at this time na 
" Committee of Council joined with a Committee of yours on 
" this subject nor no Application made by your House for a 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 267 

" Committee for that purpose no report made as then was of 
"any opinion nor no Application to me on the head but 
" without any Application to the Council or to the Governor 
" You have by the pretended plenitude of your own Sup- 
" posed Unlimited power without any Colour taken upon 
" yourselves to Order that the Treasurer do Exchange any 
" bills now in his hands for bills dated in the year 1724 tho' 
"by an Act made 1727 you well know those bills were for- 
" bidden to be receiv'd any longer than till the first day of 
"November 1729 now fourteen years Since. This is what 
" no less a power than that of the whole Legislature can do 
" & if no Act of the Legislature warrants the doing of it is 
" in you an assuming and taking upon yourselves the whole 
"power of the Government Exclusive of the Governor and 
" Council and therefore I require of you that if any such 
" Order be given by your House that you do revoke and re- 
" call it in Express Terms, That you do not presume hence- 
" forth to give any such Order and I hope you will disclaim 
" in your Minutes any Power or Authority to make such an 
" Order 

LEWIS MORRIS. 
Dated y e 22 d Novem 1 1742 

The House adjourned to 



Thursday Nov r 25 th 

Present 
The same 

His Excellency came to the Council Chamber and having 
commanded the Attendance of the House of Assembly, was 
pleased to give his Assent to the following Bill viz* 

An Act for the Support of the Government of His 
Majesty's Province of New Jersey for one year to Commence 
the twenty third day of Septm r 1742, and to end the 23 d of 
September 1743, 

And made the following Speech 



268 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



Gentlemen 

I find by the Council Books, that M r Burnet the Governor 
of this Province on the 26 th of April 1722, laid before the 
then Council A Letter from the Board of Trade, 1 dated the 
21" March 1720/21 which I shall read with what followed 
upon it. It appears by what has been read that the Governor 
directed the then Chief Justice, to draw an Act pursuant to 
their Lordships Letter, which was done, and afterwards pass'd 
by the Council with some Amendments to the Title, The Act 
pass'd by the Council was to repeal some Clauses compre- 
hended in an Act of Assembly, made in the 12 th & 13 th of 
Queen Anne, Entitled an Act Enforcing the Observation of 
the Ordinance Establishing fees before that time appointed 
for the Secretary, And for repealing another Act made in the 
same years Entitled an Act for shortning Law Suits, and 
regulating the practice of the Law and for repealing another 
Act, made in the same years, Entitled an Act for acknowledg- 
ing and recording Deeds & Conveyances of Lands within each 
respective County of this Province. These Acts, and the part 
in the in the first mentioned, were by the Council thought to 
be prejudicial to the Secretarys Office, and for that reason 
endeavour'd to be repeaPd ; but to this Act (or rather bill) 
the Assembly would not Consent, So it did not become a Law ; 
and things remain'd as they were before the Secretary's Com- 
plaint, notwithstanding their Lordships Letter to the Gov- 
ernor. It appears, that Brigadier Hunter had Inform'd that 
board, that these Laws were made to punish the person [who 
was] Secretary when these Laws were pass'd who he said, had 
been Guilty of Notorious Crimes, and that the Judges of the 
Supream Court had represented, unto him, that the Act for 
shortning of Law Suits and regulating the Practice of the 
Law, was intirely destructive of their Jurrisdiction, and ought 
not to be continued, & their Lordships Say That in Case the 
Assembly, shall not Comply with what seems so reasonable 
they desire the Governor to Examine into the matter, and 
send them a true State of the Case and particularly what the 

1 N. J. Archives, XIV., 225. 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 269 1 

fees were before the passing of these Acts, and what they 
were reduced to Since, and the Reason why thy require a 
true State of the Case is that proper measures may be taken 
for his (the Secretary's complaints) relief. 

I think it may be Observ'd from this that though their 
Lordships might think it reasonable to punish an Officer if 
guilty, they did not think it so to Abridge the fees of an 
Office for that purpose ; because that would not only be a 
punishing of all his Successors for his Crimes, but be de- 
stroying a necessary Office ; without which the buisness of the 
Province could not be done, It may be also Observ'd that 
their Lordships did not approve of what was supposed to be 
destructive of the Jurisdiction of the Supream Court. The 
Assembly did not comply with what their Lordships then 
and what the Council here afterwards thought so reasonable, 
a State of the Case was sent home to their Lordships, as they 
had directed the Governor to do ; And I find that at a Council 
held at Amboy the 14 th of November 1722, the Governor 
laid before the board a Letter from the board of Trade 1 of 
the 22 d of Febru ry 1721/2 Inclosing a Report they had made 
to the King on the 10 th of Jan ry before, wherein they Repre- 
sent to His Majesty, their Reasons why three Acts, therein 
mentioned should be disallowed of by His Majesty Viz 1 An 
Act, for shortning Law Suits and regulating the Practice of 
the Law, An Act for Recording Deeds and conveyances of 
land within each respective County of this Province, An 
Act for enforcing the Observation of the Ordinance for estab- 
lishing fees within this Province (Among the Reasons there 
given by their Lordships for the repealing those Acts, which 
have been already partly mentioned, they add with regard to 
the Act last mentioned that the whole Scope of it is to take 
away the Accustomed fees of Office, from persons who Enjoy 
the same by Immediate Patent from the Crown ; by which 
Appointment of the Crown, The Dependance of the Planta- 
tions is in some measure Secured to Great Britain and they 
conclude with a farther reason why those acts may be dis- 

N. J. Archives, XIV., 239-41. 



270 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



allow'd Viz' because they appear'd to them to be Great in- 
croachments upon the Prerogative of the Crown. 

It appears by what has been read to you that on the 20 th 
of the same Janu* 7 after the Report, the King, in a prety full 
Council, took this matter into Consideration. And after 
setting forth by what Authority we made Laws here viz' by 
virtue of a Commission under the Great Seal of great Britain 
(as is done in all Cases where Either Laws are Confirmed or 
disallowed of by his Majesty) and after taking Notice that 
these Laws had been perus'd and considered of by the Lords 
Commissioners for trade & Plantations, and by them pre- 
sented to that board, with their Humble Opinion that the same 
be repeal'd His Majesty with the Advice of His Privy Coun- 
cil was pleas'd to repeal them and make them utterly void 
from all this it may be Observ'd first that in the Opinion of 
His Majesty and his Ministers, we have no Right of making 
of Laws but what is Given us by his Majestys Comission 
under the Great Seal, & consequently, that our pretending 
to any other right, or to make them in any other manner 
than is Given or directed by his Majesty in that Commission, 
will be construed an attempt to throw off his Government 
and make ourselves independant of Great Britain. 

2 dly That in the Opinion of His Majesty and his Ministers, 
the less'ning of the fees of those Officers, that hold Immedi- 
atly under his Majesty's Patent ; or taking away or lessen- 
ing the Jurisdiction of the Supream Court, is an Attempt to 
lessen our Dependance on Great Britain, and a great in- 
croachm* upon the Prerogative of the Crown, from hence it 
may naturally be Imply'd, that to do, or attempt to do any- 
thing, that has been or will be by His Majesty and his Min- 
isters consider'd in such a light is not consistant with the 
discretion of prudent mean 1 

Notwithstanding the repeal of these Acts, the Assembly 
Attempted them again ; but with titles something different ; 
upon which M r Burnet the then Governor communicated an 
Instruction to him, in these words. 

"And you shall not re-Enact any Laws to which our As- 



1 Men. 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 271 

41 sent has been refus'd without Express leave for that Pur- 
" pose first Obtained from us, upon a full representation, by 
"you to be made, of the reason and Necessity of passing 
"such Laws This Instruction I have but something more 
" full Viz : 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 Ob- 
" tained from, upon a full representation by you to be made 
" to us, and to our Commissioners for Trade and Plantations, 
41 of the Reason and Necessity for passing such Law. 

Notwithstanding this these Acts pass'd Viz : 

1" An Act Concerning the Acknowledging and En- 
registring of deeds and Conveyances of Land and declaring 
how the Estate or Right of a Feme Covert may be convey'd 
or Extinguish'd. 

2 d An Act for Shortning Law Suits, and regulating the 
Practice & Practitioners of the Law and other Officers. 

3 d An act for the better Inforcing an Ordinance, made for 
the establishing of fees, and for regulating the Practice of the 
Law : The two first of these were repeal'd by his Majesty 
in Council, the 25 th of November 1731 and the last the 21'* 
of August 1735. 

It seems plain from this, that these Acts were the same in 
Substance with those before disallowed of, tho' alike altered 
in their titles ; and no doubt to be* made of it, repealed for 
the same Reasons Viz : as being in their Nature tending to 
lessen, and finally to take away the dependance we have 
upon Great Britain ; and as they were great Encroachments 
upon the Prerogative of the Crown. 

There are two Acts now before me to which my Assent 
is desired Viz* An Act declaring how the Estate or right of 
a Feme Covert may be convey'd or Extinguished and An Act 
concerning the acknowledging deeds in the Colony of New- 
Jersey Both these Acts were formerly contain'd in Substance, 
within the Act above mentioned, Entitled an Act concerning 
the Acknowledging & Enregistring of Deeds & conveyances 
of land ; and declaring how the estate & right of a feme 



272 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



covert may be convey'd or extinguished ; but they now come 
up in two distinct Acts, and if the other part, with respect 
to the Enregistring of deeds, had come up in a distinct Act 
also, then my assent had been desired to three Acts, which 
had been formerly repealed, by his Majesty, under one title 
in one bill ; and all the three might have been as well ofrid' 
[offered] for iny assent as any two of them as it doth not 
appear for what particular part the Act before mentioned was 
disallow'd of tho' certain it is the whole and all the parts of 
it were disallow'd of; with what View was my Assent desired 
to Acts, disallow'd of by his Majesty & that even without a 
suspending Clause according to his Instructions, well known 
to you, unless it was to Expose me to Just censure for giving 
such Assent ; and how kind it was to do so, I leave to be 
determined by all Indifferent persons ; and even to the con- 
sciences, of those concern'd in the doing of it ; & I hope my 
not Assenting to Laws I am not Imppwered to Assent unto-, 
will not be call'd a fault; but on the contrary, a Strict 
adherence to do my Duty which by Gods assistance, nothing 
shall intimidate me from doing. 

There is nothing more common in the mouths of the popu- 
lace than, Saying give us good laws, and we will Support the 
Government and what they call good laws, are such only as 
they like ; and Agreeable to this they are made to believe, 
that if the Governor doth not Assent to such Laws as are 
Off'red for his Assent, the Assembly are Justifyable in not 
raising a Support for his Majesty's Government ; tho' he is 
forbid to Assent to those Laws : as in the Cases before men- 
tioned ; or tho' the Govern' himself very much disapproves 
of them; which (notwithstanding the Attempts of your 
Honourable House with respect to the bills of Credit made 
in the year 1724) I hope no body will presume to say, he has 
not a right to do. 

The Assent to Laws we have a power to make ought to be 
free, and not compell'd in any part of the Legislature, and I 
believe you would think so your selves, were there any 
Attempts made to compell your Assent to any Law propos'd 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 273 

by the Council, Yet I may ask with what view those Strong 
Endeavours were made in your House, to annex a fee bill to 
the bill for Support of the Government, (a bill to which you 
would never suffer an Amendment to be made) unless it was 
to Compell the Governor and* Council, to pass that fee bill, 
in such manner as your Honourable House should pass it 
without any Amendment ? 

It is true the attempt did not succeed ; and I thank you 
for what is done but believe most People will think it had 
been more for the interest of the Publick, if it had been 
made for a longer time ; and it may not be unworthy your 
Notice to Observe, that this fee bill tho' not Intitled An Act 
to Inforce Obedience to an Ordinance made for Establishing 
fees & c yet whatever title you will please to give it, if it be 
of the same nature of that which was twice repealed, for 
reasons I need not repeat, it will not be difficult to Say what 
will be the Success of it or the Sentiments of his Majesty's 
Ministers concerning it. 

Your Bill for making lands Chattels, doth not with any 
certainty Express what Estate the Purchaser from the Sherriff 
shall be Vested w th whether in fee or for Life : or years ; & 
for that reason I shall referr it to farther consideration. 

Your Bill for paying the Expenses that may arise on 
Printing Signing &c a the Sum of 40,000, I am told was 
intended should be pass'd in a Secret manner peculiar to 
itself as usuall ; and not sent home, that the Ministry might 
not know I was to have 500 pounds for passing it, The Offer- 
ing this, I suppose, you believ'd would be a Sufficient In- 
ducem* to Obtain my Assent to your 40,000 Act, your 
making of that offer Shews what your Notions of Virtue 
and Honour are, & what many of you would do, if in my 
Case, for a Much less Sum : but you Mistook your Man ; for 
if I know myself your whole 40,000 would not have Pre- 
vail'd upon me to have Acted so mean apart. If I recom- 
mend any bill, it shall be, (what I deem) the intrinsick 
goodness of it shall induce me to do it, and not any Sum 

18 



274 NEW JERSEY COLONIAL DOCUMENTS. [1742 

you can give me, If you believ'd money would have in- 
fluenc'd me to come into your measures, the offer should have 
been of a different kind, and not of such a nature, that none 
but a Fool would have been influenced by ; and instead of 
being an Inducem' to recommend your bill, or using any 
Interest to get it pass'd at home would be a Strong motive to 
the Contrary. We have I think in a wonderful manner, 
preserv'd the Credit of our Bills ; but, that this is owing to 
any prudent management of our own, I will not venture to 
affirm : but should your bill pass in the manner now offered 
for my Assent, there is much reason to believe your money 
would soon fall 15 ^ Cenct in its value and consequently my 
own Sallary and that of every Officer of the Government, 
become of 1 5 $ Cent less value than they are at present : 
and to induce me to get this done, I am to have what will be 
of the Present value of 425. to take 150 ^ Annum from 
my own Salary, if my behaviour (Subservient to your pur- 
poses) induces you to continue it. Excellent motives to 
prevail upon me to recommend a bill of this Nature for his 
Majesty's Assent? Thus much for this Vertuous and honour- 
able bill ; whicjj makes it needless to Say much of the other 
grand Bill that this was to meedwife into the world ; but 
something seems to me convenient, if not necessary, to Say 
concerning it. 

In my Speech, at the beginning of the Session, I address'd 
myself to both parts of the Legislature, relating to the Settle- 
ment of the Support of the Government : because I conceiv'd 
that by Express words of the Law, by which money is made 
and already apply'd to that purpose, they had an equal right 
with you to Agree upon the quantum that should be made 
'use of at this time for that end : it being equal to me in which 
House the bill took its rise. 

This it seems gave (as I have been told) some offence ; as 
being a tacit disallowance of that unlimited power, you by 
your late order show, you are Grasping at, and have not 
thought fit to disclaim, and therefore Say, that a bill of that 
nature, cannot take its rise but in the House of Assembly 



1742] JOURNAL OF THE PROVINCIAL COUNCIL. 275 

only. As this case is circumstanced, I know of no Law or 
reason that will Justifie such an Opinion ; & your present 
bill for making 40,000 being to put so much money into 
the Loan Offices without any certain Indisputable provision 
for the Support of the Government, I cannot think it proper 
for me to Assent unto it ; Had that been done : Had a 
Sufficient sum of money been by that bill Appropriated to 
the building of a House and conveniences for the Residence 
of a Governor, Places and Houses for the Sittings of the 
Council and Assembly, and for the safe keeping & preserving 
of the Public records of the Province, whereby many trades- 
men and the poor and Labouring part of the Inhabitants of 
the Province, might have been Imploy'd ; & the money 
circulated among ourselves; had there been aiiy Provision 
made for encouraging and increasing the litle Trade, and the 
few Manufactures we have, whereby more Trad-men and 
Labourers might be Imploy'd ; I dont know how far I might 
have been induced, for these and other good purposes to 
assent to it : But as none of these things are done, nor I 
believe intended ; and as without these things, or something 
of that sort litle of the money will Circulate in this Prov- 
ince, or remain long in it, and consequently will fall in its 
value, and as the bill is full of Confus'd references, and 
intricate in its make ; I neither can assent to it myself, nor 
recommend it to have His Majesty's & by this you will save 
the 500, Intended for that Purpose. 

Thus much for your bills. 

As I have not as yet heard of any Publick Grievance, so 
I should be sorry to hear of any ; but glad of an Oppor- 
tunity to redress the Agriev'd and remove the Agrievance, if 
in my power; and any Representation of that kind, If 
Justly made would not be unacceptable to me; because I 
might reasonably hope, by your timely and prudent Assist- 
ance to be able to remedy the Evill complain'd of: But if 
complaints of this kind are not founded upon Grievances 
really Existing, but upon the Malice or resentment of par- 
ticular men ; and made, or encouraged to be made, in Order 



276 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



to Obstruct or change the common channell and course of 
Justice, and for that end, to Stir up, and Incite the Popu- 
lace to clamour against the Government; it will (I believe 
in the Judgment of all Impartial men) very much alter the 
Case ; and introduce a real grievance, in order to remove a 
pretended one. 

One of these which you have referr'd to farther considera- 
tion among others not altogether of an unlike kind is in the 
nature of an appeal to you from a Judgment given in the 
Supream Court ; which you take upon you to Judge whether 
legal or not. this Judgment was founded upon a Rule of 
Court, entred into by Consent of both the contending 
Parties & the Question was, whether Smith by Entring into 
that Rule of Court had not barr'd himself of the benefit 
the Act for small causes would have otherwise entitled him 
to ? this was a point of Law and Sollemly Argued by Coun- 
cil learn'd on both Sides, and Judicially determined Against 
Smith, if that Judgment was Erronious there is a legal 
Court existing to reverse it ; but you are not that Court ; 
nor have any right to determine whether it is legal or not, 
and so in the case of fees. The person Agrieved may, upon 
his Petition, have a retaxation ; and Council heard upon the 
matter ; but you are not the persons authoris'd to tax or re- 
tax any bill ; and therefore I think, should not pretend to it, 
or attempt to take it upon you ; at least untill that was done. 

You sent for the Kings Attorney, & his Deputy in Custody 
of your Serjeant. I believe the Attorney General would 
have Gladly attended your Honourable House, upon the 
least Message intimating your desire to Speak with him, and 
would have Given you all the Satisfaction in his Power, with 
relation to any thing you thought fit to Interrogate him 
upon. One, more indifferent than yourselves, would have 
thought that the Dignity of his Office might have protected 
him from so harsh a treatment, in a case you did not know, 
nor had any right to determine whether he was Criminal or 
not; & what was all this for? why some of the Justices and 
freeholders of Gloucester (and as I am inform'd, the smallest 



1742] JOURNAL OP THE PROVINCIAL COUNCIL. 277 

and most inconsiderable part of them) had been Spirited up 
to make a memorial to your House, and call it the Memorial 
of the Justices and Freeholders of the County of Gloucester : 
but whether, all or part of them made that memorial, is not 
very material ; the things complain'd of (If I am rightly in- 
form'd) was that Jones the Attorney's Deputy, Demanded of 
the Justices and Freeholders to lay some tax upon the In- 
habitants for defraying some Expence, said to be due to 
them, concerning the Tryal of a Criminal in that County ; 
and threatened if they would not, to take out a Mandamus to 
compell them to do it the deputy throws the matter upon his 
Principal ; and he again upon the Deputy and made such 
Excuse to Sooth your pretended power as he Judg'd most 
conducive to Obtain his liberty but if one, or both of them, 
had made that Demand, and had threatned to make use of 
the Kings Writ of Mandamus, or any other they thought 
Suitable to compell them to lay it ; I would be glad to know 
in what the Crime of doing this consists ? if in Demanding 
or requiring the Justices & Freeholders to lay such tax? 
they by the Act of Assembly, had a power to lay such tax 
if they judg'd it necessary, or to refuse it if they Judged it 
not so ; and therefore the Application to them seems neither 
Irregular or at least not Illegal or to give Just grounds for 
complaint ; and if a Crime at all it was in threatening to 
take out the Kings Writ to compell them [to] it, if the 
threatening to make of the Kings Writ was a Crime, the 
Actual taking of it out, and getting of it Serv'd must be 
more so ; but what makes the one, or the other Criminal, or 
a grievance doth not appear to me & I believe you will be 
puzzled to Give any tolerable reason why it is so. 

When writs of Mandamus are taken out, Commanding 
any thing to be done they at the same time, require the Per- 
sons commanded to do it, or Shew Cause why they will not 
or cannot do it: of this after hearing arguments on both 
sides, the Supream Court are the Judges, & not you ; 
and the Sending for anybody in Custody before you, for 
taking out a Writ or threatening to do it, is what (in my 



278 



NEW JERSEY COLONIAL DOCUMENTS. 



[1742 



opinion) you ought not to do ; but is an Infringement of the 
Liberties of the People; as well as a Great Incroachment 
upon the Prerogatives of the Crown ; & is an intimidating of 
the people from taking and making use of those remedies for 
their Relief which they conceive the Law entitles them to 
make use of, & of which, as I take it, the Courts, & not you 
are y e prpper Judges. 

In the case of an erroneous Judgment in the Supream Court, 
it may be revers'd before the Governor [and] Council & not 
before the House of Representatives and I cannot see on what 
pretence they assume to themselves any Cognisance of any 
Cause try'd in the Supream Court so as to Determine whether 
a Judgment given in that court be Legal or not, (which you 
take upon yourselves to do, in Express Terms, by your Votes) 
unless it be with an Intent to take upon yourselves the 
Executive part of the Governmt, as you very lately did that 
of the Legislative. 

Gentlemen 

Upon the whole of all that has been said I am heartily 
sorry to find, that so many honest, and as I believe, well 
meaning men, as are now in this Honourable House, should 
Suffer themselves to be so far Impos'd upon, by a few Ignor- 
ant and Malicious men, as to give into Attempts, so danger- 
ous in their consequences to the Publick peace and welfare of 
this Province ; as you yourselves when you come seriously 
and cooly to think, I believe will soon discover. His Ma- 
jesty has been Graciously Pleas'd to Intrust me with the Gov- 
ernment of this Province and as I think it my Duty to check 
and discourage, as much as I may all Attempts, whether 
Ignorantly or knowingly Ent'red upon, that tend in their 
Consequences to undermine & destroy it ; So my good In- 
clinations and Affections for the Inhabitants of it (to whom 
I cannot grant a trieniall Assembly) make me willing to 
indulge them with a New choice of their representatives, ami 
I hope they will Demonstrate that they deserve the favour 

I do therefore by virtue of the Power & authorities given 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 279 

me by His Majesty's Letters Patent under the Great seal of 
Great Britain disolve this Present Assembly, and they are 
accordingly dissolved 1 



Proceedings of Council for the Province of New Jersey at 
a Sessions of General Assembly of the said Province beginning 
at Perth Amboy October 10 th and Ending December 10 th 
1743 

Munday Octo r 10 th 1743. 

Present 
His Excellency Lewis Morris Esq r 

John Hamilton 

John Reading 

James Alexander }> Esq rs 

Rob* Hunter Morris j 

Archibald Home J 

The House of Assembly 2 having made Choise of and pre- 
sented to his Exelly Andrew Johnston Eeq : as their Speaker, 
His Excellency was pleased to approve of their Choise : and 
to make the following Speech to both Houses. 

Gentlemen of the Council and Assembly. 

It may perhaps be thought needless in me to tell you that 
the Support of the Government is Expired, that being a thing 
not unknown to any Part of the Legislature. 

'See Papers of Lewis Morris, 163 ; Mulford's History of New Jersey, 340-5. 

- This new House was composed as follows : City of Perth A mboy Andrew Johnston, 
Samuel Leonard ; Middlesex Thomas Parmar, Samuel Xevill ; yionmouth John 
Eaton, Robert Lawrence ; Essex Joseph Bonnell, George Vreeland ; Somerset J. V. 
Middleswardt, Derick Van Veghten ; Bergen Lawrence Van Buskirk, David Demar- 
est ; City of Burlington Richard Smith, Isaac Pearson ; Burlington William Cook, 
Thomas Shinn ; Gloucester Joseph Cooper, John Mickle; Salem William Hancock, 
Leonard Gibbon ; Cape May Aaron Learning, John Willetts ; Hunterdon- William 
Mott, Andrew Smith (unseated and Daniel Doughty elected). Papers of Lewis Mor- 
ri*. IT'.i. 



280 



NEW JERSEY COLONIAL DOCUMENTS. 



[1743 



The Petition from the President and Council, the Speaker 
and divers members of the Assembly, to his Majesty for a 
Separate Government from that of New York, wherein they 
assure his Majesty that the Inhabitants of this Province are 
equally willing and Able to support a distinct Governor with 
divers of the Neighbouring Colonies, who enjoy that Benefit 
under his Majesty, which humble request or rather prayer 
upon the Assurances therein given to his Majesty, he was 
most graciously pleased to* Grant. And there being money 
raised and in the Treasury for the Support of the Govern- 
ment; but to be disposed of for that purpose in such sort 
manner and form as by the Governor Council and General 
Assembly shall be directed ; there seems no Room to doubt, 
that Pursuant to the Assurances given, you will on your Parts 
readily and most willingly agree to such a Disposition as will 
be most Suitable and fully Answer the End of Supporting 
in the Government in all its Branches, in the most Effectual 
manner, and that no dispute will arise between you, unless 
they be which of you shall be most forward in doing what is 
so much your Duty to do and I add, so much [in] the Inter- 
est of the Publifck should Amicably be done. 

For my part I will willingly give my Assent to any Laws 
in my Power to do, that shall be Beneficial to the Publick. 
The most likely way to make such, and prevent Mistakes of 
any kind as much as may be is to promote and encourage, a 
free open and friendly Correspondence and Intercourse 
between all parties concerned in the making of Laws, and to 
discourage everything that in the least tends to Create any 
Difference or Diffidence between them : This I heartily 
recommend to your Consideration and Practice, as most Con- 
ducive to the Publick good. 

LEWIS MORRIS 

M r Home Clerk of the Council laid before his Excellency 
and the Council Two Letters he had received the one from 
John Rodman the other from Richard Smith two of the 
Members of Council, Praying their nonattendance at this 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 281 

Time may be Excused as it is owing to their Weakness occa- 
sioned by Severe Sickness, with which they have both been 
Attacked, and of which they are hardly as yet recovered. 
Then the House Adjourned to Tuesday Octo r . 11 th 1743 

Present 

John Hamilton ^ 

John Reading 

James Alexander )> Esq 
Rob* Hunter Morris j 
Archib d Home J 

Adjourned to Wednesday Octo r 12 th 
Adjourned to Thursday Octo r 13 th 
Adjourned to Friday Octo r 14 th 
Adjourned to Saterday Octo r 15 th 
Adjourned to Monday Octo r 17 th 
Adjourned to Tuesday Octo r 18 th 
Adjourned to Wednesday Octo r 19 th 
Adjourned to Thursday Octo r 20 th 

Present 
John Hamilton ^j 

James Alexander 
Rob 1 Hunter Morris f ^ s ^ 
Archib d Home J 

M r Peirson and M r Vanveghte from the House of Assem- 
bly brought up a bill entitled an Act subjecting real Estates 
in the Province of New Jersey to the payments of debts and 
directing the Sheriff in his Proceedings thereon for the Con- 
currence of this House. 

M r Van middles wart and M r Andrew Smith brought up 



282 NEW JERSEY COLONIAL DOCUMENTS. [1743 

from the House of Assembly for the Concurrence of this 
House, A Bill entitled an Act to oblige the several Sheriffs of 
this Province to give Security and to take the Oaths or 
Affirmations therein directed for the due Discharge of their 
Offices. 

M r Hancock and M r Leonard brought up from the House 
of Assembly for the Concurrence of this House a Bill en- 
titled, An Act Declaring how the Estate or Right of a 
Feme-Covert may be Conveyed or extinguished. 

M r Richard Smith and M r Lawrence, brought up from the 
House of Assembly for the Concurrence of this House a Bill 
entitled an Act for continuing an Act entitled an Act for the 
better enabling of Creditors to recover their just debts from 
persons who abscond themselves. 

Then the House adjourned to Friday Octo r 21. 

Present 

John Hamilton ~) 
John Reading 

Rob' Hunter Morris f Es( T 
tArchib d Home J 

M r Gibbon and M r Vanbuskirk brought up from the 
House of Assembly, a Bill, entitled an Act for acknowledg- 
ing Deeds, in the Colony of New Jersey for the Concurrence 
of this House. 

Then the House adjourned to Saturday Octo r 22 d 

Present 

John Hamilton ^ 
John Reading i 

Rob' Hunter Morris 
Archib d Home 

His Excellency came to the Council Chamber, and having 
commanded the attendance of the House of Assembly, was 
pleased to Address himself to that house and to put in the 
hands of their Speaker some Letters he had received from 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 283 

the Lords of the Regency, recommending it to him to put 
this Colony under his Government into the best Posture of 
Defence he could as there is great Reason to apprehend a 
Speedy Rupture with France. His Excellency then recom- 
mended it to the House of Assembly, to revise the Militia 
Act, and by making the requisite Amendments thereto render 
it as Serviceable as possible on this Occasion. 
Then the House adjourned to Munday Octo r 24 th 



Adjourned to Tuesday Octo r 25 th 

Present 

John Hamilton') 
John Reading >Esq rs 
Archib d Home ) 

M r Cooper and M r Demarest brought up from the House 
of Assembly a Bill entitled an Act to erect & establish 
Courts in the several Counties of this Province, for for the 
Tryal of small Causes for the Concurrence of this House 

Adjourned to Wednesday Octo r 26 
Adjourned to Thursday Octo r 27 th 
Adjourned to Friday Octo r 28 th 

Present 

John Hamilton ") 
John Reading ( E 
Archb d Home j 
Edw d Antill J 

His Excellency having been pleased to nominate and 
appoint Edward Antill Esq r to be one of His Majesty's 
Council (the number of Councellors residing within the 
Province being under Seven) and he having taken the several 



284 NEW JERSEY COLONIAL DOCUMENTS. [1743 

Oaths as Usual was admitted and took his Seat in the House 
accordingly. 1 

M r Hancock and M r Vanbuskirk brought up from the 
House of Assembly a Bill entitled an Act to impower the 
Inhabitants of the County of Salem to erect and build a 
Bridge over Salem Creek for the Conferrance 2 of this House. 

M r Demarest and M r Gibbon brought up from the House 
of Assembly, a Bill entitled an Act to impower the Inhabi- 
tants of the County of Bergen to erect and build a Draw or 
Swinging Bridge over Hackinsack River, for the Concurrence 
of this House. 

The House adjourned to Saturday Octo r 29 th 

Present 

Jn Hamilton ^ 
James Alexander >Esq" 
Archib d Home J 

M r Smith and M r Eaton brought up from the House of 
Assembly a Bill entitled an Act for making Current Forty 
thousand Pounds in Bills of Credit, for the Concurrence of 
this House. 

.The House adjourned to Munday Octo r 31 st 



Adjourned to Tuesday Novem r I 8t 

Present 

John Hamilton ^ 
John Reading 
James Alexander } Esq rs 
Archib d Home 
Edw d Antill 

M r Cooper and M r Nevill From the House of Assembly 
brought up a Bill entitled an Act for the Relief of poor dis- 
tressed Prisoners for Debt, for the Concurrence of this House. 

1 A notice of Edward Antill is given in N. J. Archives, IX., 33&-9. note. 
'-' Concurrence. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 285 

The Bill entitled an Act for subjecting real Estates & was 
read the first time and ordered a Second reading. 

The Bill entitled an Act to oblige the several Sheriffs & c 
was read the first time and ordered a Second reading. 

The Bill entitled an Act, Declaring how the Estate or 
Right of a Feme Covert <fec a was read the first time and 
ordered a Second reading. 

The Bill entitled an Act for continuing an Act entitled an 
Act for the better enabling of Creditors &c a was read the first 
time and ordered a Second reading 

The Bill entitled an Act concerning the Acknowledging 
Deeds &c a was read the first time and ordered a Second 
reading 

The Bill entitled an Act to Establish Courts &c a was read 
the first time & ordered a Second reading. 

The Bill entitled an Act to impower the Inhabitants of 
the County of Salem &c a was read the first time & ordered a 
Second reading. 

The Bill entitled an Act to Impower the Inhabitants of 
the County of Bergen &c a was read the first time and ordered 
a Second reading. 

The Bill entitled an Act for making Current Forty thou- 
sand Pounds &c a was read the first time and ordered a Second 
reading. 

The House adjourned to Wednesday Nov r 2 d 1743 

Present 

John Hamilton ^ 
John Reading 
James Alexander J> Esq rs 
Archib d Home 
Edw d Antill 

The Bill entitled an Act for the relief of Poor distressed 
Prisoners <fec a was read the first time and ordered a Second 
reading. 

The bill entitled an Act for subjecting real Estates &o a was 



286 NEW JERSEY COLONIAL DOCUMENTS. [1743 

read a Second time and Committed to the Members of the 
House or any three of them. 

The bill entitled an Act to oblige the several Sherrift's 
<tc" was read a Second time and Committed as above. 

The Bill entitled an Act declaring how the Estate or Right 
of a Feme-Covert &c a was read a Second time and committed 
as above. 

The Bill entitled an Act for continuing an Act entitled an 
Act for the better enabling of Creditors &c" was read a Second 
time and Committed as above. 

The Bill entitled an Act concerning the Acknowledging 
Deeds &c a was read a Second time and Committed as above. 

The Bill entitled an Act to establish Courts &c a was read 
a Second time and committed as above. 

The Bill entitled an Act to Impower the Inhabitants of 
the County of Salem &c a was read a Second time and ordered 
a third reading. 

The Bill entitled an Act to impower the Inhabitants of 
the County of Bergen &c* was read a Second time and ordered 
a third reading. 

M r Alexander mov'd for leave to bring in a Bill For con- 
tinuing the King's High Way which leads from Bergen Point 
to Bergen Town, to some Convenient Place on Hudson's 
River for Crossing that River to New York 

Ordered that M r Alexander have leave accordingly. 

M r Alexander accordingly brought in a Bill entituled an 
Act for continuing the King's High Way &c a which was read 
the first time and ordered a Second reading. 

The House adjourned to Thursday Nov r 3 d 1743 

Present The Same. 

The Bill entitled an Act to impower the Inhabitants of 
the County of Salem to build a Bridge over Salem Creek was 
read the third time and on the Question 

Resolved the same do pass. 

Ordered that M r Speaker do sign the same 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 287 

Ordered that M r Antill do inform the House of Assembly, 
that this House has pass'd the said Bill without any Amend- 
ment. 

The Bill entitled an Act to impower the Inhabitants of 
the County of Bergen to build a Draw or Swinging Bridge 
over Hackinsack River, was read the third time on the 
question, 

Resolved that the same do pass. 

Ordered that the Speaker do sign the same. 

Ordered that M r Antill do inform the House of Assembly, 
that this House has passed the said Bill without any Amend- 
ment. 

The Bill entitled an Act for continuing the Kings High 
Way &c a was read a Second time, and committed to the 
Members of the House, or any three of them. 

The Bill entitled an Act for the Relief of Poor Distress'd 
Prisoners &c a was read a Second time and Committed as 
above. 

The House adjourned to Friday Noy r 4 th 1743 

Present 

John Hamilton 
John Reading 
James Alexander 



Rob 4 Hunter Morris 
Archibald Home 
Edward Antill 



Esq 



M r Antill reported that he had in Obedience to the Order 
of this House acquainted the House of Assembly, that this 
House had pass'd the Bill for building a Bridge over Salem 
Creek, as also the Bill for building a Bridge over Hackin- 
sack River, without any Amendment. 

M r Antill from the Committee on the Bill entitled an Act 
to oblige the Several Sherriifs &c a reported the same with one 
Amendment, which was read and agreed to by the House. 

Ordered tnat the said bill with the Amendment made 



288 



NEW JERSEY COLONIAL DOCUMENTS. 



[1743 



thereto be read which was done accordingly, and on the 
( Question 

Resolved that the said Bill with the Amendment do pass. 

Ordered that M r Antill do carry down the said bill with 
the Amendm' made thereto by this House, to the House of 
Assembly for their Concurrence. 

M r Antill from the Committee on the Bill entitled an Act 
to erect & Establish Courts in the several Counties &c a re- 
ported the Same with some Amendments which were read 
and agreed to by the House. 

Ordered that the Said Bill with the Amendments thereto 
be read, which was done accordingly and on the Question. 

Resolved that the said Bill with the Amendments do pass. 

Ordered that M r Antill do carry down the said Bill with 
the Amendm" made thereto by this House, to the House of 
Assembly for their Concurrence. 

M r Antill reported that he had obeyed the above two Orders 
of this House. 

A Message from the House of Assembly, by M r Lawrence 
and M r Gibbon That that House hath on the Question rejected 
the Amendment of this House to the bill entitled, An Act to 
Oblige the Several Sherriffs of this Province to give Security 
&c a and Adheres to the Bill. 

The House adjourned to Munday Nov r 7 th 

Present 

John Hamilton John Reading ^ 

James Alexander Rob' Hunter Morris > Esq 

Archib d Home 

M r Lawrence and M r Vanveghte, From the House of As- 
sembly, brought back the bill entitled, an Act to erect and 
Establish Courts in the several Counties of this Province for 
the Tryal of Small Causes, that House having agreed to the 
Amendments made thereto by this House, and having en- 
grossed and passed the same with the said Amendments. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 289 

Ordered that the said Bill be compar'd which was done 
accordingly. 

Ordered that the Speaker do sign the same. 

M r Morris from the Committee on the Bill entitled an Act 
for Continuing an Act entitled an Act for the better En- 
abling of Creditors & ca reported the same with one Amend- 
ment which was read and agreed to by the House. 

Ordered that the said bill, with the Amendments be read, 
which was done accordingly and on the question. 

Resolved that the said Bill with the Amendment do pass. 

Ordered, That M r Morris do carry down the said Bill with 
the Amendment made thereto by this House, to the House of 
Assembly for their concurrence. 

M r Morris reported that he had obeyed the above Order of 
this House. 

M r Morris From the Committee on the Bill entitled ao 
Act for the Relief of Poor distressed Prisoners for Debt, re- 
ported the same with some Amendments which were read 
and agreed to by the House. 

Ordered, that the said Bill with the Amendments be read, 
which was done accordingly, and on the question. 

Resolved that the said Bill with the Amendments do pass. 

Ordered that M r Morris do carry down the said Bill with 
the Amendm ts made thereto by this House to the House of 
Assembly for their Concurrence. 

M r Reading from the Committee, on the Bill entituled an 
Act for continuing the Kings High Way from Bergen Point 
&c a reported the same with some Amendments, which were 
read and agreed to by the House 

Resolved that the Bill with the Amendments be engross'd 

M r Nevill and M r Shinn, From the House of Assembly 
brought back the Bill entituled an Act for continuing an Act 
entitled an Act for the better Enabling of Creditors to recover 
their Just Debts &c a that House having agreed to the Amend- 
ment made thereto, by this House, and having reingrossed 
and passed the same with the said Amendments. 

19 



290 



NEW JERSEY COLONIAL DOCUMENTS. 



[1743 



Ordered, that the said Bill be compared, which was done 
accordingly. 

Ordered, that the Speaker do sign the same. 

The engrossed Bill entitled an Act for continuing the Kings 
High Way, which leads from Bergen Point &c a was read the 
third time and on the Question. 

Resolved that the said bill do pass 

Ordered that the Speaker do sign the same 

Ordered, that M r Reading do carry down the said Bill to 
the House of Assembly, for their Concurrence. 

M r Reading reported that he had obeyed the above Order 
of this House 

M r Morris reported, that in Obedience to the Order of this 
House, he had carryed down to the House of Assembly, 
the Bill entittiled an Act for the Relief of poor distressed 
Prisoners, 

The House adjourned to Tuesday Nov r 8 th 1743 

Present 

John Hamilton "") 

John Reading 

James Alexander ) Esq 
Rob' Hunter Morris j 
Edward Antill 

M r Nevill and M r Gibbon, From the House of Assembly, 
brought up a Bill entituled, an Act to impower the Free- 
holders chosen in each County of this Colony, or the Major 
Part of them in Conjunction with three Justices of the Peace 
to direct the method of Assessing the Inhabitants of each 
County, and to restrain the unnecessary Meeting of said Free- 
holders, for the Concurrence of this House Which Bill was 
read the first time and ordered a Second reading 

Coll Farmar and M r Smith from the House of Assembly, 
: brought back the bill entitled an Act for the Relief of Poor 
Distressed Prisoners for Debt, with the Amendments made 
thereto by this House, and acquainted this House, That that 



1743] JOURNAL OP THE PROVINCIAL COUNCIL. 291 

House had agreed to all the Amendments made by this House 
to the said Bill, except the last, to which they disagree and in 
that part adhere to the Bill. 

The last said Amendment being taken into Consideration 
by this House and the Question put, whether this House 
adheres to or receedes from their said last Amendment in the 
said Bill 

Resolved that this House receedes from their last Amend- 
ment. 

Ordered, that M r Morris do acquaint the House of Assem- 
bly therewith 

The House adjourned to Wednesday Nov r 9 th 1743 

Present 

John Hamilton ~\ Rob' Hunter Morris } 

John Reading > Esq Archibald Home > Esq 
James Alexander J Edward Antill J 

The Bill entitled, an Act to impower the Freeholders chosen 
in each County &c a was read a Second time and Committed 
to the Members of the House or any three of them. 

M r Morris reported that he had Obeyed the Order of this 
House of Yesterday 

The Bill entitled an Act For making Current Forty thou- 
sand Pounds &c a was read a Second time and Committed to 
the Members of this House, or any three of them. 

M r Morris from the Committee on the Bill entituled an 
Act to impower the Freeholders &c a reported that they had 
gone thro' and considered the said Bill, and that the said 
Committee are at a loss to know wherein the Laws now in 
force, to which the Bill refers, are Diffident and the Incon- 
veniences this Bill is proposed to remedy. 

The House taking the said Report into Consideration. 

Ordered, That M r Morris do acquaint the House of As- 
sembly thereof, and that this House have appointed M r 
Reading and M r Morris to be [a] Committee to meet such Com- 
mittee, as that House shall appoint to inform them in the 



292 NEW JERSEY COLONIAL DOCUMENTS. [1743 

foregoing Particulars and that the said Committee will be 
ready to meet the Committee of that House at the House of 
M M Serjeant at two o'Clock this Afternoon. 

M r Morris reported that he had obeyed the above Order of 
this House. 

The House adjourned to Thursday Nov r 10 th 1743 

Present 
John Hamilton ^ 

James Alexander 

i 

Rob' Hunter Morris J> Esq" 
Archibald Home 
Edward Antill 

M r Morris From the Committee appointed to meet a Com- 
mittee of the House of Assembly, on the Bill entituled an 
Act to impower the Freeholders & ca reported that they had 
mett a Committee of that House, consisting of M r Cooper, 
M r Nevill, M r Pearson, and M r Lawrence who produced 
their order of Reference, for that purpose, and that the said 
Committee of Assembly had pointed out to the Committee of 
this House, the Intent of the said Bill, which he communi- 
cated to this Board. 

Ordered, that the said Bill be recommitted to the House 
or any three of the Members. 

The House adjourned to Friday Novem r 11 th 

Present 
The Same. 

M r Lawrence and M r Willits From the House of Assembly 
brought back the Bill entitled an Act for the Relief of Poor 
distressed Prisoners for Debt, that House having reingrossed 
the said Bill with the Amendments agreed to, and passed the 
same. 

Ordered, that the said Bill be compared, which was done 
accordingly. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 293 

Ordered, that the Speaker do sign the same 
The House adjourned to Saturday Nov r 12 th 

Present 
The Same 

M r Nevill and M r Shinn, From the House of Assembly 
brought up a Bill entitled an Act to impower the Inhabitants 
of the County of Middlesex to Build a Bridge over South 
River &c a For the Concurrence of this House. 

Which Bill was read the first time and ordered a Second 
reading. 

M r Nevill and M r Shinn also brought up, For the Concur- 
rence of this House a Bill entituled an Act for Preserving of 
Timber in the Eastern Division of New Jersey &c a which 
was read the first time and ordered a Second reading 

M r Eaton and M r Pearson From the House of Assembly, 
brought up for the Concurrence of this House, a Bill entitled 
an Act to encourage the direct Importation of Rum &c a which 
was read the first time, and ordered a Second reading. 

M r Vanmiddlewart and M r Vanveghte brought up from the 
House of Assembly, for the Concurrence of this House a Bill 
entituled an Act to Secure the Mill of Abraham Broca &c a 
which was read the first time, and ordered to lie on the Table 
till proof of the Facts therein set forth be made to this House. 

The House adjourned to 3 o'Clock P : M 

Present 
The Same 

M r Antill from the Committee, to whom the Bill entituled 
an Act to impow r the Freeholders &c a was recommitted, 
reported the same with some Amendments which were read 
and agreed to by the House. 

Ordered, that the said Bill with the Amendments be read, 
which was done Accordingly, and on the Question. 

Resolved that the said bill with the Amendments do pass. 



294 NEW JERSEY COLONIAL DOCUMENTS. [1743 

Ordered, that M r Antill do carry down the said bill with 
the Amendments made thereto by this House, to the House 
of Assembly for their Concurrence 

M r Antill reported that he had obeyed the above order of 
this House. 

The Bill entitled, an Act to enable the Inhabitants of the 
County of Middlesex &c a was read a Second time and com- 
mitted to the House or any three of the members. 

The Bill entitled an Act for the preserving of Timber tfcc a 
read a Second time and committed as above. 

The Bill entituled an Act to encourage the direct importa- 
tion of Rum &c a was read a Second time and committed as 
above. 

The House adjourned to Munday Nov r 14 th 1743 . 

Present 

John Hamilton ~1 
James Alexander 
Rob* Hunter Morris [ Es( l" 
Antill 






M r Antill from the Committee on the Bill entituled an Act 
for subjecting real Estates &c a reported the same with some 
Amendments which were read & agreed to by the House. 

Ordered that the said bill with the Amendments be read 
which was done accordingly, and on the Question. 

Resolved, that the said Bill with the Amendments do pass. 

Ordered that M r Antill do carry down to the House of 
Assembly the said Bill with the Amendments for their Con- 
currence 

M r Antil reported that he had obeyed the above order of 
this House 

M r Bonnel and M r Cook, from the House of Assembly, 
brought up a Bill entituled an Act for Ascertaining the Fees 
to be taken by the several Officers in the Colony of New 
Jersey, for the Concurrence of this House. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 295 

Which Bill was read the first time and ordered [a] Second 
reading. 

M r Bonnel and M r Cook also brought up the Bill entituled 
an Act to Impower the Freeholders &c a and acquainted this 
House, that their House had passed the same engrossed with 
the Amendments of this House. 

The House adjourned to 3 oClock P : M : 

Present 
The Same ; 

M r Morris from the Committee on the Bill entituled an Act 
concerning the Acknowledging of Deeds &c a reported the 
same with some Amendments wch were read and agreed to 
by House 

Ordered, that the said Bill with the Amendments be read 
which was done accordingly, and on the Question. 

Resolved, that the said Bill with the Amendment do pass. 

Ordered that M r Morris do Carry down the said Bill with 
the Amendments made thereto by this House, to the House 
of Assembly for their Concurrence. 

M r Morris reported that he had obeyed the above Order of 
this House. 

M r Gibbon and M r Vreland from the House of Assembly,, 
brought up a Bill entituled an Act to prevent any Attorney ^ 
residing out of this Colony. 

From being an Attorney upon Record in this Colony, 
and Limit the Number of Attorneys therein, for the Con- 
currence of this House. 

Which Bill was read the first time, and ordered a Second 
reading. 

M r Morris from the Committee on the Bill entituled an 
Act Declaring how the Estate or Right of a Feme Covert 
may be conveyed &c a reported that they had gone thro' the 
said Bill without making any Amendment thereto. 

Then the Question being put whether the said Bill be read 
the third time ? 



296 NEW JERSEY COLONIAL DOCUMENTS. [1743 

It was carried in the Negative. 

Then the question being put whether the said Bill be 
rejected ? 

It was Carried in the Affirmative. 

Ordered that M r Morris do acquaint the House of Assem- 
bly, that this House has rejected the Bill, entituled an Act 
declaring how the Estate or Right of Feme Covert &c a 

M r Morris reported that he had obeyed the above Order of 
this House. 

The House adjourned to Tuesday Novem r 15 th 

Present 

John Hamilton James Alexander ^ 

Robert Hunter Morris Archib d Home >Esq 
Edward Antill 

The bill Entituled an Act for ascertaining the fees &c* was 
read the Second Time and committed to the House or any 
thr^e of the Members. 

The Bill engrossed with the Amendments made thereto by 
this House entituled an Act to impower the Freeholders &c* 
was read and compared. 

Ordered, that the Speaker do sign the same. 

The Bill entituled an Act to prevent any Attorney &c a was 
read a second time and committed to the House or any three 
of the Members. 

M r Mickle and M r Leonard From the House of Assembly 
brought back the bill entituled an Act for subjecting real 
Estates, &c a that House having agreed to the Amendments 
made thereto by this House, having reingrossed and past the 
same with the said Amendments 

Ordered that the said bill be compared with the Amend- 
ments, which was done accordingly. 

Ordered, That the Speaker do sign the same. 

The House adjourned to Wednesday Nov r 16 th 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 297 

Present 
The same. 

M r Bonnel and M r Cook, From the House of Assembly, 
brought back the Bill entituled an Act concerning acknowl- 
edging Deeds &c a that House having Agreed to the Amend- 
ments made thereto by this House, and having reingrossed 
and passed the same with the said Amendments. 

Ordered that the said Bill be compared with the Amend- 
ments which was done accordingly. 

Ordered that the Speaker do sign the same. 

A Message from the House of Assembly by M r Bonnel and 
M r Cook dessiring to be informed what Progress this House 
has made in the Bill for making Current forty thousand 
Pounds in Bills of Credit, sent from that House, for the 
Concurrence of this House. 

Ordered that M r Morris do Acquaint the House of Assem- 
bly that the Bill for making Current Forty Thousand Pounds 
in Bills of Credit, is referred to a Committee of the whole 
House, which Committee have not as yet, reported the same 
but have it still under Consideration. 

M r Morris reported that he had obeyed the above Order. 

M r Antill from the Committee on the Bill entituled an Act 
to impower the Inhabitants of the County of Middlesex &c* 
reported the same with one Amendment which was read and 
agreed to by the House. 

Ordered, that the said Bill with the Amendment made 
thereto be read, wh h was done accordingly, and on the 
Question. 

Resolved that the said Bill with the Amendments do pass 

Ordered that M r Antill do carry down the said Bill with 
the Amendment made thereto by this House to the House of 
Assembly, for their Concurrence 

The House adjourned to Thursday Nov r 17 th 1743 



298 NEW JERSEY COLONIAL DOCUMENTS. [174& 

Present 

John Hamilton ^ 
Rob' Hunter Morris ! 
Archibald Home 
Edward Antill 

M r Antill reported that he had obeyed the Order of this- 
House of Yesterday. 

M r Nevill and M r Vreland from the House of Assembly, 
brought back the bill entituled an Act to Impower the Inhabi- 
tants of the County of Middlesex to build a Bridge &c a that 
House having agreed to the Amendment made thereto by 
this House and having reingrossed and passed the same with 
the said Amendment. 

His Excellency came to the Council Chamber and having 
Commanded the Attendance of the House of Assembly, was 
pleased in Presence of both Houses to give his Assent to the 
following Bills Viz' 

An Act for the relief of poor distressed Prisoners for Debt. 

An Act to erect and Establish Courts in the several Counties 
in this Provinoe For the Tryal of small Causes. 

An Act for continuing an Act entituled an Act for the 
better enabling of Creditors to recover their Just Debts from 
Persons who abscond themselves. 

An Act to impower the Inhabitants of the County of Bergen, 
to erect and build a Draw or Swinging Bridge over Hackin- 
sack River. 

An Act to impower the Inhabitants of the County of Salem 
to erect and build a Bridge over Salem Creek. 

The humble Petition of Symon Wyckof Abraham Brooa, 
and others was presented to the House and read praying that 
the House will please to appoint a Time for the said Petitioners 
to be heard in Support of a Bill entitled an Act to Secure the 
Mill of Abraham Broca &c a sent up by the House of Repre- 
sentatives to this House for Concurrence. 

Ordered that the Petitioners do attend to morrow morning 
at ten a'Clock, for that purpose and that the hearing be pub- 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 299 

lick, that all Parties and Persons concerned may then have 
an Opportunity to be heard against the said Bill, if they 
think proper to object thereto 

The House adjourned to Friday Novem r 18 th 

Present 
The Same 

The Engrossed Bill entituled an Act to Impower the Inhabi- 
tants of the County of Middlesex to Build a Bridge &c a with 
the Amendment made thereto by this House, Avas Compared. 

Ordered that the Speaker do sign the same. 

In Pursuance of the Order of Yesterday the Petitioners 
Symon Wychof Abraham Broca, &c a attended and were heard 
in Support of the Bill sent up From the House of Assembly 
entituled an Act to Secure the Mill of Abraham Broca &c a 
Benjamin Griggs and Christopher Hoglant also attended and 
laid before the House the following Remonstrance ag sc the 
said Bill. 

To the Hon ble his Majesties Council of the Province of New 
Jersey, now sitting at the City of Perth Amboy, The 
Humble Remonstrance of Benjamin Griggs and Chris- 
topher Hoglant in behalf of themselves and other Free- 
holders and Inhabitants of the County of Somerset upon 
and near the River Millstone 
Sheweth 

That your Remonstrants having Observed by the Votes of 
the House of Assembly, that they have passed a Bill entituled 
an Act to Secure the Mill of Abraham Broca and others, and 
the Mill of Symon Wycoff and Daniel Hendrickson upon 
Millstone River and that the same is sent up, and now depend- 
ing before this Hon ble Board. Your said Remonstrants 
humbly beg leave to Offer some Reasons against passing the 
said Bill into a Law. 

That they Humbly conceive and doubt not but in the 
Course of Proceed 15 ' at law already commenced they will be 



300 NEW JERSEY COLONIAL DOCUMENTS. [1743 

able to prove, that the River Millstone on which the above 
mentioned Mills are built, is a Navigable River and conse- 
quently the Kings High Way and as such (before the erecting 
of the said Mill damns was used by all his Majesties Liege 
Subjects to pass and repass .up and down the said River with 
their Boats Pettiagues Trows [Scows ?] flatts and Canoes with 
their goods Wares and Merchandizes at their will and pleasure 
and as their lawful and necessary Occasions required and still 
have an undoubted Right to make up of the same and also 
for the drawing of Netts for the catching Shads and other 
Fishes for the Subsistence of a great Number of Families at 
the most scarce and dear time of the year by persons who 
inhabit on and near the said River 

That the Dams of the said Mills were in the year 1740 
pulled down and removed as a Common Nusance for stopping 
the Course of the said Navigable River which the persons 
who did the same were advised by their Council they might 
lawfully do. 

That also the Representatives of the said County of Somer- 
set (the Grand Jury) at their General Quarter Sessions of the 
Peace, did afterwards find a Bill of Indictment against the 
Owners of the said two Mills, for a Common Nuisance for 
unlawfully building & placing the two several Mill dams 
upon, across and over the said River Millstone, being the 
Kings High Way ; and is Still depending. 

That Symon Wycoff, Abraham Broca, Burgen Hoff and 
Daniel Hendrickson the Owners of the said Mills, being 
Conscious to themselves, that the erecting and placing the two 
several Mill dams in manner aforesaid was a Nusance they 
severally and voluntarily executed a Bond dated the first day 
of September 1742 in the penal Sum of 500 unto your 
Remonstrants Benjamin Griggs and Christopher Hoglant 
with a Condition to oblige themselves their Heirs and assigns 
Yearly & every year during the Time of the said Dams are 
aCross the said River to open & Slacken so much of the said 
Mill Dams that the Water on both sides the s d Dams might 
be level, excepting the descent of the force of the Waters, 



1743] JOURNAL, OF THE PROVINCIAL COUNCIL. 301 

which Opening should yearly be from the 20 th day of March, 
till the 25 th of May following. 

That altho' your Remonstrants Benjamin Griggs and Chris- 
topher Hoglant on behalf and at the request of the said 
several Freeholders inhabiting near the said Mills who were 
principaly Affected by the said Nusance, Comply'd with this 
Method for the sake of Peace, and Benefitt of the Kings 
Subjects and to Stop all Prosecutions and proceedings at Law 
yet the said Owners of the said Mills have Absolutely refused 
a Performance of the Condition of their said Bond, so that 
your s d Remonstrants were obliged in pursuance of the Trust 
reposed in them, to bring an Action on the said Bond in his 
Majesty's Supream Court of this 'Province where the before 
mentioned prosecutions and proceedings with a Copy of the 
said Bond and Condition remain of Record to be perused of 
this Hon ble Board if they are pleased to Cause the same to be 
laid before them, and further your Remonstrants beg leave to 
Observe that the Defend* 8 are so far from making their 
Defence in the said Action that the Rule for pleading to the 
Pit' Declaration is long since expired and Judgment by 
default entered upon Record. 

That your Remonstrants humbly hope that the Legislative 
Power will not interpose without an Absolute Necessity where 
Property is concerned and particularly where the Tryal of 
Property and a Crown Prosecution is under a Litigation in 
the Kings Courts, which your Remonstrants conceive is the 
ordinary Method of Determination directed by Magna Charta 
and the Laws of the Land. 

Your Remonstrants therefore humbly hope that this 
Honourable, Board for the Reasons above mentioned, and 
for many others which the shortness of time does not permit 
your Remonstrants to Offer,) will not pass the said Bill, 
unless the Parties who have Executed the said Bond shall 
perform the Condition thereof and pay all such reasonable 
Costs and Charges which your Remonstrants and many others 
they Represent on this behalfe, have been put unto in the 
above prosecutions and Suits: and that your Remonstrants 



302 NEW JERSEY COLONIAL DOCUMENTS. [1743 

may be further heard against the passing of the said Bill, if 
this Hon l)!e Board Shall deem it Needfull, whilst the same is 
depending before them 

BENJ" GBIGGS 
CHRYSTEL HOQELANT 

Which Remonstrance being read, and the Petitioners having 
acknowledged the several Facts therein set forth, to be true, 
both Parties were Ordered to withdraw. 

And the House having taken the whole in their Consider- 
ation, were unanimously of Opinion, that it was a Matter 
determinable in the Ordinary Course of the Law in which 
Case the Legislature ought not without an Absolute Necessity 
to interpose, and that no such Necessity appeared. 

Then the Question was put, Whether the said Bill be read 
a Second time, and carried in the Negative. 

And the Question being put whether the said Bill be 
rejected ? it was Carried in the Affirmative. 

Resolved that the said bill be rejected. 

The House adjourned to Munday Nov r 21" 

Present 

John Hamilton "") 
John Reading 
Ro : Hunter Morris }> Esq 
Archibald Home 
Edward Antill 

M r Antill, From the Committee on the Bill entituled an 
Act For preserving of Timber &c a reported the same with 
some Amendments w ch were read and agreed to by the House, 

Ordered That the said Bill with the Amendments be read 
which was done accordingly, and on the Question. 

Resolved that the said bill with the Amend* 8 do pass. 

Ordered that M r Antill do carry down the said Bill with 
the Amendments made thereto by this House to the House of 
Assembly for their Concurrence. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 303 

M r Antill, From the Comittee on the Bill entituled an Act to 
encourage the direct Importation of Rum O [&c a ] reported the 
same with some Amendments to the Title as also to the Body 
of the said bill which were read and agreed to by the House. 

Ordered that the said bill with the Amendments be read 
which was done accordingly, and on the Question, 

Resolved that the said bill with the Amendm 1 ' do pass 

Ordered that M r Antill do carry down the said Bill with 
the Amendments made thereto by.this House to the House of 
Assembly for their Concurrence. 

The House adjourned to Tuesday Nov r 22 d 

Present 
The Same 

M r Antill reported that he had obeyed the Orders of this 
House of yesterday. 

M r Morris from the Committee on the Bill entituled an 
Act to prevent any Attorney &c a reported that the said Com- 
mittee are of Opinion, that the said Bill is of an Extraordi- 
nary Nature and humbly recommend it to the Consideration 
of this House in the next subsequent Session, as it is now too 
late in the present to finish the same, to which report the 
House agreed. 

Ordered that the said Bill do lie on the Table for the 
Further Consideration of this House. 

Coll Farmar and M r Cooper From the House of Assembly 
brought back the Bill entituled an Act to encourage the direct 
Importation of Rum &c a and acquainted this House, that 
That House had agreed to all the Amendments made thereto 
by this House except the last, to which on the Question that 
House had disagreed Nem : Con : 

Coll Farmar and M r Cooper also brought back the Bill 
entituled an Act for preserving of Timber &c a with the 
Amendments made thereto by this House that that House 
had agreed to all the said Amendments, Except the Fifth to 
which on the Question that [House] had disagreed Nem : Con : 



304 NEW JERSEY COLONIAL DOCUMENTS. [1743 

Also a Message by Coll Farmar and M r Cooper that that 
House have appointed Col Farmar M r Cooper M r Cook and 
M r Eaton to be a Committee to meet a Committee of this 
House at such Time and place as this House shall appoint to 
inspect and burn the Cancelled Money in the hands of the 
Treasurer as the Law directs. 

Ordered that M r Reading and M r Antill be a Committee 
to meet the Committee of the House of Assembly, For the 
purpose afores d and that the S d Committees do meet at the 
House of Andrew Johnston Esq r at Six in the Evening, and 
that M r Antill do inform that House thereof. 

The House adjourned to Wednesday Nov r 23 d 1743 

Present 
The Same 

The last Amendment made by the House to the Bill 
entituled an Act to encourage the direct Importation of Rum 
&c a and disagreed to by the House of Assembly, being taken 
into Consideration, and the Question being put whether this 
House do adhere do [to], or recede From their said last 
Amendment, it was carried to recede. 

Resolved that this House recedes from their said last 
Amendm* 

Ordered that M r Antill do acquaint the House of Assembly 
therewith 

The fifth Amendment made by this House to the Bill 
entituled an Act for preserving of Timber &c a and disagreed 
to by the House of Assembly, being taken into Consideration, 
and the Question being put, whether this House do adhere 
to or recede from their said fifth Amendment it was carried 
to recede. 

Resolved that this House recedes from their said fifth 
Amendment 

Ordered that M r Antill do acquaint the House of Assembly 
therew* 

The House adjourned to Thursday Nov r 24 th 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 305 

Present 
The Same 

M r Lawrence and M r Hancock brought up from the House 
of Assembly the Bill entituled an Act to encourage the direct 
Importation of Rum &c a reingrossed with the Amendments 
made thereto by this House. 

Ordered that the said Bill be compared which was done 
accordingly. 

Ordered that the Speaker do sign the same 

M r Lawrence and M r Hancock also brought up the Bill 
entituled an Act for preserving of Timber &c a reingrossed 
with the Amendm ts made thereto by this House. 

Ordered that the said bill be Compared which was done 
accordingly. 

Ordered that the Speaker do sign the same 

A Message from the House of Assembly by M r Lawrence 
and M r Hancock, that this House has nothing before them 
But the Bill for Support of Government which Bill is Com- 
mitted to a Committee of the whole House, and considerable 
Progress made therein but the Committee are afc a loss how to 
proceed any further, until they know the Success of the Bills 
that have been sent by this House to the Council, For which 
they have been waiting several days, and now desire to be 
Informed of the Progress made by that House therein. 

THO: BARTOW Clerk 

The House adjourned to Friday Nov r 25 : 1743 

Present 
The Same 

M r Reading from the Committee appointed to join a Com- 
mittee of the house of Assembly to inspect and burn the 
Cancelled money &c a made the following Report 

The Committees appointed to Inspect and burn the Can- 

20 



306 



NEW JERSEY COLONIAL, DOCUMENTS. 



[1743 

Reading make the 



celled Bills of Credit Agree that M r 
following Report to the Council viz' 

That the Committees Find, that there should have been 
cancelPd of the 20,000 in Bills of Credit and brought into 
the Treasury of the Eastern Division from the several Coun- 
ties therein in the Years 1742 and 1743 the following Sums 
Viz' 



Bergen in each Year 204 15 409 10 

Essex 340,, 5,, 

Middlesex 287,, 5,, 

Monmouth 423 17 6 

Somerset 97 10 



680 10 
574 10 
847 15 - 
195 



Total 2707 5 - 

That Andrew Johnston Esq r Treasurer of the said Eastern 
Division laid before the Committees 14 Bundles of Cancelled 
Bills, which were examined and burnt by the Committees 
brought into the Treasury From the several Counties as 
follows Viz* 

Bergen ! 2 Bundles cont g 409 10 - 



Essex 2 d 

Middlesex 2 d 

Monmouth 6 d 

Somerset 2 d 

By which it appears that 

Essex is deficient 206 1 7 6 

Monmouth 12,, 5,, 9 



473 ,,12,, 6 
574 10 - 

oOO ,, a ,, o 

195 
2,488 1 9 



219 



2707 



5,,- 



That the said Treasurers also laid before the Committees 
ifive Bundles of Cancelled Ragged and torn Bills received by 
,him in Exchange for New bills which ragged Bills were 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 307 

examined and burnt by the Committees amounting in the 

whole to 916 11 

By Order of the Committees 

JN READING 
Jos: COOPER 

The House adjourned to Saturday Nov r 26 th 

Present 
The Same 

M r Antill from the Committee on the Bill entituled an 
Act For ascertaining the fees &c a reported the same with some 
Amendments which were read and agreed to by the House. 

Ordered That the Bill with the Amendments be read which 
was done accordingly and on the Question 

Resolved that the Bill with the Amendments do pass 

Ordered that M r Antill do carry down the said Bill with 
the Amendm* 8 to the House of Assembly for their Concurrence. 

M r Antill from the Committee on the Bill entituled an Act 
For making Current Forty thousand Pounds in Bills of 
Credit, reported the same without any Amendment. 

Then the Question was put whether the said Bill be read 
a third time? and carried in the Negative. 

Then the Question was put whether the said Bill be 
rejected? and carried in the Negative 

Then the Question was put whether the said Bill do lie 
upon the Table? and carried in the Affirmative. 

Ordered, the said Bill do lie on the Table. 

Ordered that M r Antill do acquaint the House of Assem- 
bly that this House have ordered the said Bill to lie on the 
Table. 

The House adjourned to Munday Nov r 28 th 

Present 
The Same 



308 



NEW JERSEY COLONIAL DOCUMENTS. 



[1743 



M r Antill reported that he had obeyed the Orders of this 
House of Yesterday 

The House adjourned to Tuesday Nov r 29 th 1743 

Present 
The Same 

M r Bonnel and M r Smith From the House of Assembly 
brought back the Bill entituled an Act for Ascertaining the 
Fees &c* with the Amendments made thereto by this House, 
and acquainted this House that That House disagreed to the 
I 1 * 16 th 17 th 19 th 20 th 21 st 32 d & 35 th Amendments and ad- 
hered to the Bill in the parts where said Amendments are 
proposed, and had made Amendments to some of the Amend- 
ments made by this House to the said bill, and agreed to all 
the rest. 

Then the said Bill with the Amendments was reconsidered 
as also the Amendments of the House of Assembly, to the 
Amendments made by this House to the s d Bill and on the 
Question 

Kesolved, th^t this House recedes From their 16 th 17 th 19"* 
20 th and 32 d Amendments to the Bill entitled an Act for 
Ascertaining the Fees &c a and adheres to the 1 st 21" and 35 th 
Amendments to the said Bill and also that this House agrees 
to the 1 st Amendment made by the House of Assembly, to 
the Amendments made by this House, to the said Bill, and 
disagree to all the rest, and in the parts in them mentioned, 
adhere to their own Amendments. 

Ordered that M r Antill do carry back the said Bill with 
the Amendm' 8 and acquaint the House of Assembly with the 
above Resolve. 

The House adjourned to Wednesday Nov r 30 th 

Present 
The Same 

M r Antill reported, that he had obeyed the Order of this 
House of Yesterday 



1743] JOURNAL, OF THE PROVINCIAL COUNCIL. 309 

A Message from the House of Assembly by M r Nevill and 
M r Mott, That that House desires a free Conferrence on the 
Bill entituled an Act for ascertaining the fees &c a and that 
this House will appoint a Committee to meet a Committee of 
that House, at such time apd place as this House shall appoint 
for that purpose and that that House has appointed Col 
Farmar M r Bonnel M r Lawrence M r Cooper and M r Cook to 
be a Committee of that House on the Conferrence aforesaid. 

Ordered that M r Heading M r Morris and M r Antill be a 
Committee of this House to meet a Committee of the House 
of Assembly at a Free Conferrence on the Bill for Ascertaining 
the Fees &c a and that the Time and place of meeting be at 4 
o'Clock this Afternoon at M r Serjeants. 

Then the House adjourned to Thursday Decem r 1 st 1743 

Present 
The Same 

M r Reading from the Committee appointed to meet a Com- 
mittee of the House of Assembly at a free Conference on the 
Bill entitled an Act for Ascertaining the fees &c* reported 
that the said Committee had met and had freely conferr'd on 
the said Bill and that they had agreed that the said Commit- 
tees sho'd make the following Report to their Respective 
Houses viz' 

That the Committee of the House of Assembly have agreed 
to the 1 st and 35 th Amendments made by this House to the 
said Bill, and that the Comittee of this House have receded 
From the 21 st Amendment made by this House to the said 
Bill. 

That the Committee of this House have agreed to the 
Amendment proposed by the House of Assembly to the 33 d 
and 34 th Amendments made by this House to the said Bill. 

Then the Question was put whether the House agrees to 
the s d Report and Carried in the Affirmative. 

Resolved that this House agrees to the above Report of 
their Committee. 



310 NEW JERSEY COLONIAL DOCUMENTS. [1743 

A Message from the House of Assembly by M r Eaton and 
M r Smith That, that House has agreed to the Report of the 
Committee of that House, on the matters agreed on at a free 
Conference with a Committee of this House on the Bill enti- 
tuled an Act for ascertaining the Fees &c a which Report is as 
follows Viz* That the Committee of the Council adhered to 
the first "Amendment of the Council to said Bill to which 
" the Committee of this house agreed, That in the part in the 
"Councils 21 st Amendment the Comittee of this House 
"adhered to the Bill and the Committee of the Council 
" agreed to recede from said Amendment, That to the 35 th 
"Amendment the Comittee of the Council adhered, and the 
" Committee of the House agreed thereto That the Committee 
" of this House, adhered to the Amendment of this House 
"to the Councils 33 d and 34 th Amendments to which the 
" Committee of the Council agreed 

Ordered that M r Reading do acquaint the House of Assem- 
bly, that this House has agreed to the Report of the Com- 
mittee of this House, from the free Conference on the Bill 
entituled an Act for ascertaining fees &c a 

Then the House adjourned to Friday Decem 1 2 d 1743 

Present 
The Same 

M* Demarest and M r Doughty from the House of Assem- 
bly brought back the Bill entituled an Act for ascertaining 
the fees &c a reingrossed w th the several Amendments agreed 
to by the Committee of both houses at the Free Conference 
on said Bill. 

Ordered that the said Bill with the Amendments be read, 
and Compared which was done accordingly. 

Ordered that the Speaker do sign the same. 

His Excellency came to the Council Chamber and having 
commanded the Attendence of the House of Assembly, was 
pleased in presence of both House to give his assent to the 
following Bills Viz' 






1743] JOUKNAL OF THE PROVINCIAL, COUNCIL. 311 

An Act to impower the Freeholders chosen in each County 
of this Colony, or the Major part of them in conjunction 
with three Justices of the Peace to direct the Method of As- 
sessing the Inhabitants of each County and to restrain the 
unnecessary Meetings of said Freeholders. 

An Act subjecting real Estates in the Province of New 
Jersey to the payment of Debts and directing the Sheriffs in 
his proceedings thereon 

An Act to impower the Inhabitants of the County of Mid- 
dlesex to Build a Bridge over South River in said County. 

An Act concerning acknowledging Deeds in the Colony of 
New Jersey, and declaring how the Estate or Right of a 
Feme Covert may be conveyed or extinguished. 

An Act for preserving Timber in the Eastern Division of 
the Colony of New Jersey, and all sorts of Trees in the 
bounds of the Patent or Charter of the Township of Bergen 
that lies in Common. 

An Act to encourage the direct Importation of Rum from 
the British Plantations in the West Indies and of such Wines 
as may lawfully be Imported from the places of their Growth, 
Product & Manufacture into the Eastern Division of New 
Jersey. 

An Act for ascertaining the fees to be taken by the several* 
Officers in Colony of New Jersey. 

Then the House adjourned to Munday Decemb r 5 th 1743: 

Present 
The Same. 

M r Bonnel and M r Hancock from the House of Assembly 
brought up the Bill entituled an Act for the support of the 
Government of his Majestys Colony of New Jersey & c for 
the concurrence of this House. 

Which Bill was read for the first time and ordered a 
Second Reading. 

Then the House adjourned to Tuesday Decem r 6 th 



312 NEW JERSEY COLONIAL DOCUMENTS. [1743 

Present 
Th'e Same 

The Bill entituled an Act for the support of Government 
of his Majesties Colony of New Jersey &c a was read a second 
time, and the Question being put whether the same be Com- 
mitted ? it was carried in the Negative. 

Then the Question was put whether the Said Bill be read 
a third time? and carried in the Affirmative. 

Ordered that the said Bill be read a third time 

Then the House adjourned to Wednesday Dec r 7 th 

Present The Same 

The Bill entituled an Act for the support of the Govern- 
ment of his Majesty's Colony of New Jersey &c* was read 
the third time and on the Question. 

Resolved that the said Bill do pass 

Ordered that the Speaker do sign the same 

Ordered that M r Reading do acquaint the House of Assem- 
bly that this House has passed the Said Bill. 

M r Reading reported that he had obeyed the above Order 
of this House. 

His Excellency came into Council and having Commanded 
the Attendance of the House of Assembly was pleased to lay 
before the Speaker and House [a] Copy of their Minutes of 
Munday the 5 th Instant which he had received from their 
Clerk as such, but not signed by their said Clerk ; His Ex- 
cellency then desired to know whether the said Copy so 
Delivered him by their Clerk was a true Copy of the Minutes 
of that House of Munday the 5 th Instant And the Speaker 
and House having sent for their Original Journal and having 
therewith compared the said Minutes, directed their Clerk to 
sign the said minute as a true Copy. His Excellency then 
read to that House a Resolve of theirs Contained in the said 
Minutes and put to them sundry Queries concerning the said 
Resolve requiring from them a particular Answer to each of 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 313 

his said Queries, to enable them more exactly to do w oh His 
Excellency was pleased to Say he would furnish them with a 
Copy of his said Queries in Writing which Resolve and 
Queries are as follows Viz* 

Extracts from the Votes of the House of Assembly of the 
5 th of December 1743 

" Resolved 

" That as there is no general 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 Fees to be 
" taken by the Several Officers in the Colony of New Jersey 
" passed by the Governor, Council and General Assembly 
" 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 
<k untill his Majesty's Pleasure be known concerning the same 
" And to the End that the said Act may be made Publick 
" for the Service aforesaid, Or [do ?] direct that it be printed," 
thus far the Votes 

Queries put by His Excellency. 

Quer. Are these the Votes and Resolutions of your 
House? 

Quer. 2. you confess the Act above mentioned to be passed 
by the Legislature here and doth not that Provide that it 
shall not be in force untill his Majesties Pleasure is known? 

Quer. 3. Is it in force before the Kings Pleasure is known, 
a direct Answer yes or no is required. 

To each of the two first Queries the Speaker of the House 
of Assembly having answered in the Affirmative, and in the 
Negative, to the third His Excellency was pleased to Say, that 
he did not intend to Surprize that House into Answers but 
would send them his Questions in Writing and then proceeded 
to put to the Speaker and House of Assembly. 

Quer. 4. Ought the Judges, and others to govern them- 
selves by that Act or any Act not in force ? 



314 NEW JEBSEY COLONIAL DOCUMENTS. [1743 

Quer. 5. Can a less Authority than that of the Legislature 
here make any Law that shall be binding upon the people ? 

Quer 6. By what Authority do you take upon yourselves 
to say that an Act expressely Enacted not to be in force till 
the Kings Pleasure is known concerning it, Ought to be a 
Rule to the Judges and others to govern themselves by. 

Quer. 7. And By what Authority do you Order an Act 
not in force to be Printed, as a Rule for the Government of 
the People, or indeed any Act ? 

Quer. 8. If you have or pretend to have any such Author- 
ity let me know whence you derive it and how you Came by 
it, that his Majesty may be Informed of it ? 

I expect a direct and categorical Answer from the House 
to these Questions 

Then the Speaker and House of Assembly withdrew and 
his Excellency soon after sent a Message to that House with 
a copy of the foregoing Queries. 

The House adjourned to Thursday Dec 1 8 th 1743 

Adjourned to Friday Decem r 9 th 
Adjourned to Saturday Decem r 10 th 

Present 

John Hamilton ^ 
John Reading 
Ro : Hunter Morris } Esq 
Archibald Home 
Edward Antill 

His Excellency came to the Council Chamber and having 
Commanded the Attendance of the House of Assembly was 
pleased in Preference 1 of both House to Give his Assent to 
the following bill viz 1 

An Act for the Support of the Government of His Majes- 
ties Colony of New Jersey, For one year to commence the 
Twenty third day of Septem r One thousand seven hundred 

1 Presence. 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 315 

and forty three, and to end the twenty third day of Septem- 
ber One thousand seven hundred and forty four 

His Excellency then made the following Speech and pro- 
rogued the Gen 1 Assembly of this Province to the first Tues- 
day in April next then to meet at the City of Burlington in 
the said Province. 

M r Speaker and Gentlemen of the House of Representatives 
Upon Reading your Votes concerning the Disposition of 
the Publick money, and what you call Gall a Grievance with 
Relation to the not holding the Circuit Court in Monmouth 
County, I did on the 5 th of this month write to M r Speaker, 
to which I refer, and was not without hopes that you would 
calmly consider of what I there wrote both with respect to 
the Grievance mentioned, and the Disposition you had agreed 
to make in consequence of it, but to this you Answer that 
you do not conceive it for the Interest of this Colony (at this 
time) to enter into a particular Answer But upon the whole, 
were and are of Opinion that the Method you have taken in 
setling the Salaries of the Justices of the Supream Court is 
the most Agreeable to Justice and Equity and will be most 
conducive to the publick Good. 

Tho' I do not think that you have any Right of settling 
the Salaries of any of the Officers of the Government ; yet I 
admit that by Act of Assembly For making a Paper Cur- 
rency (which his Majesty at the pressing Instances of his 
Subjects here was graciously pleased to give his Royal Assent 
to) and appointing that Currency so made to be applied to 
the Support of his Government of this Province, in such a 
manner, as should be agreed by Governor, Council and As- 
sembly, I say I do admit that by that Act you have a right 
to propose and agree what part of that Currencye shall be 
apply'd to the Support of the Government, and in what man- 
ner ; this is all the right that in this Case you have, and no 
other, and the Council & the Governour have equally the 
same Right, and each of them have the Power as much as 
you, if they will be Obstinate, and refuse agreeing to any- 



316 NEW JERSEY COLONIAL DOCUMENTS. [1743 

thing proposed on this Head by the other parts of the Legis- 
lature and leave the Government unsupported, but reason- 
able Men should do Reasonable things and in no case adhere 
to things, because they can do it but because it is just and fit 
to do so ; and whether Just and fit (if not thought to be so) 
should be setled by calm and free Debate, and the declining 
to do that, will not (in 'the Judgment of indifferent and un- 
prejudiced men) shew the Justice and Equity of the Decliners 
whatever else it does. 

On the 6 th of December I received a Message from your 
House acquainting me that the house had no further Busi- 
ness before them, and to desire me to put an End to the Ses- 
sion I had not then the Bill for the Support of the Gov- 
ernment before me, nor did it pass the Council, till the Seventh 
and was brought to me about four a Clock in the afternoon 
of that day. 

I told the Messengers that the Bill for the Support was 
not yet come up, and asked them whether it was the meaning 
of the House that I should End the Sessions before it did ? 
they reply'd they believed not ; I then desired them to sit 
down and write what they understood to be the meaning of 
the House by that Message, which they refused to do, being 
in this Case but Messengers and had not authority to put anj 
meaning to the Message, but what the words of it imported, 
or to that effect : I then told them that I did not understanc 
it In the end of another Message of December 7 th in the 
morning, they express themselves with a litle more Decency, 
and desire that the End of the Sessions may be as soon 
possible, and in one of the 9 th they acquaint me, that as the 
House sits at a great Expence to the Country and have noth- 
ing, before them they desire that I will put an End to this 
Session. What the Intention of these several Messages was, 
unless it were to create in the minds of the People an Opinion, 
that the Assembly are unreasonably detained, I, at Present, 
do not see But to make an Answer to those and every Messs 
of this Kind that for the future may be sent, I take leave tc 
say, that as to the two first, they were sent to me before the 



1743] JOURNAL OF THE PROVINCIAL, COUNCIL. 317 

Bill for the Support came to me and the first before that Bill 
had passed the Council, so that it was not reasonable for me 
to put an End to the Session at that Time 2 dly your hav.g 
nothing before your House is not a Sufficient reason for put- 
ting an End to the Session : for while any Bills past by you 
and sent to the Council are under the Consideration of that 
Board it is not fit or reasonable to put an End to the Session, 
untill it is Regularly known whether they will pass such Bill 
or not 3 dly you have had this Bill for the Support of the 
Govern* before you now about Two months, and I not above 
two days ; and I ought to have some time to consider of a 
Bill of such a Nature pursuant to the trust reposed in me ; 
and it is Time enough For you to apply to me to put an End 
to the Session when there is not anything before any part of 
the Legislature 4 tUy I conceive that you are much out of the 
Road and Sphere of your Employment and Business to repeat 
Messages to me to put an End to the Sessions ; for whether 
I shall put an End to it by Prorogation or Disolution, or 
Continue it by Adjournment, you have no Authority, as I 
take it, to advise or require 5 thly But if you mean an end to 
the present Sitting of Assembly (as perhaps you may tho' I 
am not certain that you do) I do assure you, that you cannot 
be more Inclined to it than I am and I should have been very 
glad if I could have done it a month ago I shall not know- 
ingly continue it unnecesarily. But when or in what manner 
I shall put a Period to any Sitting of Assembly, I am the 
sole Judge ; and tho' I shall always pay a very great Regard 
to anything you Request of me that is proper for you to ask 
and me to grant yet I think you ought to excuse me, if I do 
not think a Message of this Kind at all proper from you, and 
especially for the reason you give that there is nothing before 
you ; because the Duty of your Station as much obliges you 
to wait the Determination of the other parts of the Legisla- 
ture, of things before them, as it does them to wait yours ; m and 
I do not conceive that you have any Right to press them, or 
either of them to make more haste than they think proper to do 
Perusing your Notes of Decem 1 5 th I found amongst other 



318 NEW JERSEY COLONIAL DOCUMENTS. [1743 

things that it was resolved by your House, That as there is 
no General Law For establishing Fees in this Colony " 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, 
" Councill and General Assembly this Session, as it has the 
" Approbation of the three branches of the Legislature here, 
" ought to have 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 untill his Majesties 
" Pleasure be known concerning the same " So far the 
opinion of your House ; then you proceed to make an Order 
with Reasons for doing it in these words viz 1 "And to the 
" End the said Act may be made Publick, For the Service 
" aforesaid Ordered that it be printed." 

This Resolve and Order being a thing of an Extraordinary 
nature and Tendency, and the Votes of that Day given me 
by your Clerke not being signed by him, I believed there 
was some Mistake, and doubted of their being your Resolves, 
as they were brought to me. 

Upon whicfi I sent for the House of Representatives and 
when you came shew'd you the Copy of the Votes sent me 
as I suppos'd in the handwriting of your Clerk, and ask'd 
you whether these (the Votes shewn you) were the Votes and 
Resolutions of your House? You & several of the Members 
present view'd and look'd over the paper and you told me 
that you believed they were: But for more certainty the 
Clerk and Minute Book were sent for, and the Clerk and the 
Clerk compar'd the Votes sent w th the minute Book in pres- 
ence of the Governor Council and Assembly, and in their 
presence signed the Votes sent as true Copy, so that there is 
no Room to doubt, but that these were the Votes and Reso- 
lutions of your House & being so as you had confess'd the Act 
above mentioned to be past by the Legislature here, I ask'd, 
Quer. 2 d Whether that Act did not provide that it should 
not be in force, untill his Majesties Pleasure is known ? This 
stood confess'd by all For the words of the Act are positive 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 319 

" that neither the Act nor any Part thereof shall be in force 
till his Majesties Pleasure is known " This was not an Act 
pass'd long ago, but a few days since by the present Legisla- 
ture and by you yourselves as part of it so that you could not 
be Ignorant ; that it was not in force, nor intended to be in 
force, till his Majestic had declared it to be so ; I then ask'd 
you, Quer : 3 d Whether the Act was not in force, before the 
Kings Pleasure was known ? and required a direct Answer of 
yes or no ; and your Answer was no, that it was not in force. 
I had before this told you that I did not intend to Surprize 
you into Answers, but would send these Questions in Writing 
to the House ; and upon your answering That the Act was 
not in force one at your right Hand (I think it was M r Far- 
mar) mentioned what I had said of sending the Questions to 
your House in Writing which I Confirmed, and you forebore 
answering any more and I proceeded to ask the following 
Questions viz' Quer 4 th Ought the Judges and others to gov- 
ern themselves by that Act ? or any Act not in force 

Quer : 5 : Can a less authority than that of the Legislature 
here make any Law that shall be binding on the People 

Quer. 6 By what Authority do you take upon yourselves 
to say, that an Act expressly Enacted not to be in force till 
the Kings Pleasure is known concerning it, ought to be a 
Rule to the Judges and others to govern themselves by ? 

The Questions related to your opinion, and a direct Answer 
to them would I, believed, have shown you how ill grounded 
that opinion was, to say no more of it, what follows related 
to your Practice. 

Quer. 7. And by what Authority do you Order an Act 
not in force to be printed as a Rule for the Government of 
the People ? or indeed any Act ? 

Quer : 8. If you have or pretend to have, any such 
Authority let me know whence you derive it, and how you 
came by it ? that His Majesty may be informed of it. 

These Questions I sent to your House in Writing, and 
required a direct and categorical Answer, but instead of that, 
you say " that as your House only gave their Opinion of an 



320 NEW JERSEY COLONIAL, 1X)CUMENTS. [1743 

" Act which had passed the three Branches of the Legislature 
" here ; and have not Assum'd to themselves any Unwarraut- 
" able Authority, they think themselves not accountable for 
" that Opinion, and that it is not consistent with Honour and 
" Dignity of this House and the trust repos'd in them to give 
" any other Answer to the said Queries " I am sorry for 
your own sakes and for the sake of the Publick, that such 
an Answer came from you ; and that it is Nemine Contra- 
diciente ; For tho' I believed there were some among you, 
too much disposed to ruu things into Confusion yet I sup- 
posed there were many more Judicious Men who heartily and 
Sincerely desired and Endeavoured the Peace and Prosperity 
of their Country and would not be influenced to run into 
Measures that have a Contrary Tendency. 

I think you Cannot but know, that when a Bill has once 
pass'd the Legislature and becomes a Law no one part of the 
Legislature has any Right to interpret it, but that is left 
solely to the Judges, while it is a Bill either of them may 
give what Opinion they please, but when once it becomes a 
Law it equally binds these that make it, as well as others ; 
and no one pafrt of the Legislature (as such) has any right to 
say it means this or that ; or to give any Opinion about it, 
and if any one part should assume to themselves that Power ; 
having no more right to do so, than any other, I leave you to 
Judge what the consequence must be and the Confusion, that 
must naturally follow upon it 

I speak here of an Act agreed by all to be in force imme- 
diately upon its being pass'd into a Law : But when an Act 
is passed by the three Branches of the Legislature here into 
a Law, but its force Suspended for a time, or untill some- 
thing happens, as in the present Case, untill the King's 
Pleasure be known, is not the Declaration of one part of the 
Legislature that the Judges ought to take such Act for a 
Rule, before such time to govern themselves by, or before the 
King's Pleasure be known, a flat Contradiction to the pur- 
view of the Act of the whole Legislature? and is it not plain 
that such Declaration is highly unwarrantable, and can have 



1743] JOURNAL OF THE PROVINCIAL COUNCIL. 321 

no good Tendency, but may have many ill ones : But you 
have gone something further, and resolved that for the ser- 
vice aforesaid (that is for the Government of the Judges and 
others) Ordered that the Act be printed. All I shall say 
upon this Head is that I hope you will be more prudent than 
to make any such Order and the Printer more prudent than to 
obey it, and I add that it had not been less prudent in you, 
nor anyway inconsistent with your true Honour and Dignity 
to have waited till his Majesty had declared his Pleasure 
concerning this Act, before you made any Declaration of 
your Opinion about it Gentlemen, no man has a Greater 
Regard for the Honour and Dignity of your House when 
kept within its proper bounds than I have nor more willing 
to admit you to the Free Enjoyment of all the Liberties and 
Privileges belonging to it : But when I think you Transgress 
these Limits set to it by the Law and Constitution of the 
Province, The Duty of my Station obliges me to take notice of 
it to you, which I hope will always have its proper effects in 
letting you see that [which] in your Conduct is erroneous, and 
consequently prevaill on you to avoid the like for the Future 

Gentlemen and Council of the Assembly 

I heartily thank you for the Agreement you have made 
For the Support of the Government and particularly for the 
Share allotted to me in it, and I hope when you next meet on 
this Head you will think it necessary for the Publick Service 
that there Shall be an Allowance for the Clerk of Assize, a 
Provision For incidental Charges, For the meeting of the 
Council and some Larger Allowances for other Officers the 
Charge to the Publick attending the long Annual Sitting of 
Assembly s, that is so great an Addition to that of supporting 
of the Government may not be unworthy your thought, I 
have nothing more at present but to prorogue this General 
Assembly and they are accordingly prorogued till the First 
Tuesday of April next to meet at Burlington, and so Gentle- 
men, I wish you all safe to your several Habitations 

LEWIS MORRIS 
21 



322 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Proceedings of Council for the Province of New Jersey at 
a Meeting of General Assembly of the s d Province begun & 
holden at Burlington 

Friday 22 d June 1744 

Present 

John Rodman 1 p rs Robert Hunter Morris \ rs 
Richard Smith / Edward Antill ) 

Adjourned to 

Saturday 23 d June 
Present. The Same 

His Excellency came into Council, & having by the Secry 
commanded the attendance of the House of Representatives 
was pleased to open the Sessions w th a Speech to both Houses 
as follows Viz* 

Gentlemen of the Council & Assembly 

The Accounts we have had for some Time past from 
Europe gave 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 having received certain & authoritive Information 
that such War was declared which I have not long since 
received & his Majestys Declaration of War is made publick 1 
& consequently the necessity known of putting this Province 
in 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 & to enable us to give all the Assistance in our 
power to our Neighbouring Provinces should they stand in 
need of it, & which I am Commanded to give upon any such 
occasion. 

1 The war of the Hanoverian succession. Great Britain declared war March 29th, 
1744, the declaration being published two days later. Perm. Col. Reeordt, IV., 689-91. 
Gov. Morris got his advices through the newspapers first, and on June 9th from the 
Duke of Newcastle. Papers of Lewis Morris, 185-91. 



1744] JOURNAL OP THE PROVINCIAL COUNCIL. 3'23 

I have more than once recommended the passing a Law 
for the better regulating of our Milita which I believe you 
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 dis- 
tresses where by Law they were required. 

I have received a Petition from the Lieutenant & other 
Officers about Trenton against their Captain for his neglect 
in that particular which the Captain has confessed and owns 
to me that these distresses would have amounted to about 
100 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 
applyed for the use of the poor (tho' in my opinion not the 
most proper Application) and had they been levyed the poor 
at least would have some Benefit by it and probably the 
persons Neglecting their Duty more Cautious of offending for 
the future & consequently better Skilled in the fJformance 
of what the Law appointed their meeting for & the Distresses 
for neglecting what was there by directed ; But seems not 
intended to give a discretionary power to the Officer of mak- 
ing distresses or not thereby evading the whole Intent of the 
Act & exposing those ready & Willing to do their duty to 
the Scorn & dirision of those who must if at all (under God) 
be protected & supported by their doing so. 

I suppose the like Compassion (or something worse) hath 
prevail'd in the Countys of Burlington & Gloucester for I 
have not heard of any Militia Companys Meeting in either 
of those Countys, & have reason to believe that Men tolerably 
qualified to execute Military Offices are prevailed on to 
decline accepting of them, or when accepting, to neglect per- 
forming the duty of them. 

Things of this nature should not be in this Condition 
because dangerous to the publick Safety & especially in this 
time of War, with an Enemy who is too well informed of the 
Circumstances we are in & (if we do not take some effectual 



324 NEW JERSEY COLONIAL DOCUMENTS. [1744 

methods to alter them) wants neither Knowledge nor Inclina- 
tion to make use of them to our [dis?] advantage. 

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 in the best posture of 
defence that should be possible & to be constantly upon my 
Guard against any Suprize from any Quart r whatsoever & a 
second wherein they farther direct me to put the forces be- 
longing 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 denyed by any Friend to the present Governm' I 
therefore heartily recomend to you the passing such Laws as 
will render our Militia useful & efectual for our defence and 
that, as soon "as possible because we Know not when or 
where, we shall be attacked tho' we are not ignorant where it 
is not unlikely we may, & whether some Fortifications be 
not needfull I refer to your Consideration 

There will be occasion for Watches in more places than 
one & probably of often expresses and if it should be needfull 
to march any Transport Forces either for our own Defence 
or in pursuit of an Enemy or for the assistance of our Neigh- 
bours, Care should be taken for provisions and Transports 
for them at the Publick Charge and there will be a necessity 
of often Meeting the Council which should not be made a 
Burthen to them. 

I should rather this meeting had been at a Season of the 
Year when Your attendance on Your private affairs could 
have been more easily dispens'd with & the circumstances of 
things admitted it, but since things of this kind have been 
formerly postpon'd & will at present admit of no delay, I 



1744] JOURNAL OF THE P3OVINCIA.L COUNCIL. 325 

recommed the most prudent dispatch to you that the season 
of the Year may prove as little inconvenient to you as possi- 
ble. And I pray God direct your Consultations. 1 

LEWIS MORRIS 
Adjourned to 

Monday 25 th June 1744 

Present 

John Rodman ^ 
Richard Smith vEsq 
Edward Antill J 
Adjourned to 

Tuesday 26 th June 1744 

Present 

John Reading ) ^ r Richard Smith \ -p w 
John Rodman ) Rob* H. Morris J 

Edward Antill Esq r 

His Excellency's Speech delivered on Saturday was read. 

M r Morris moved that an Act of the General Assembly of 
this Province pass'd 4 George 2 d entitled an Act for setling 
the Militia of the Province of New Jersey might be read and 
the same was read accordingly, then 

M r Morris Moved that a Comm 89 Might be appointed to 
bring in a Bill for settling and better regulating of the 
Militia of the Province of New Jersey which being agreed to 

Ordered that M r Morris and M p Antill be a Committee to 
prepare and bring in the said Bill accordingly. 

M r Reading laid before the House a Letter to him from 
Coll Hamilton Dated Amboy 24 June, acquainting him that 
he was in hopes by this Time to have waited upon the Coun- 
cil, but that he mended so slowly he durst hardly undertake 
the Journey. 

adjourned to 

1 This speech is given in N. J. Archives, VI., 178. 



326 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Wednesday 27 th June 

Present The same 
adjourned to 

4 oClock P. M. 

His Excellency came into Council & The Speaker with the 
House of Assembly Attending, presented the following Ad- 
dress to his Excellency. 

To his Excellency Lewis Morris Esq r Capt n Gen 1 & Gov r in 

Chief &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 Majestys dutiful and loyal subjects the Represent* 
of the Colony of New Jersey beg leave to thank your Excel- 
lency for the Care you have taken to so order the proroga- 
tions of the General Assembly That upon any Emergency 
their meeting might be sudden & answer the purposes you 
were pleased to mention 

Upon your Excellencys recommendation to the passing a 
Law for regulating a Militia we have Carefully & deliberately 
considered the Act entitled an Act for settling the Militia of 
the Province .of New Jersey in all its parts and we are hum- 
bly of Opinion that as it now Stands it not only sufficiently 
provides for the settling of a Militia & Watches in the Colony 
but also enables your Excellency to give what Assistance the 
Circumstances of this Colony will admit to any of our Neigh- 
bouring Colonys that may want it. 

The executive part of the Law we humbly conceive to be 
Lodg'd in your Excellency & those Military Officers who 
you have or shall appoint that neglect their Duty are account- 
able to you [in] whom the power requisite to superintend 
them are invested. 






1744] JOURNAL OF THE PROVINCIAL COUNCIL. 327 

Had your Excellency pointed out who they are in the 
Countys of Burlington & Gloucester that take upon them to 
prevail with Men tolerably Qualified for Military Offices not 
to accept of them & when accepted neglect performing their 
duty we should not have been wanting to join in the Exami- 
nation of their Conduct but as no such Information hath 
been brought to us, their Case seems not to be our immediate 
Business. 

As heretofore the loyal Assemblys of New Jersey have 
chearfully granted Assistance to the utmost of their ability 
upon any Emergencys so your Excellency 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 
Neighbours or indeed upon any necessary Occasion whatso- 
ever. 

What further remains to be considered on these Heads we 
hope your Excellency will permit us to Consult our Constitu- 
ents upon. It is now Harvest Time, & many of the Members 
being from home is very disadvantageous to them, a Redress 1 
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 & 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 be 
the subject of our Consideration, & 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 Con- 
sideration and make provision accordingly. 2 
By Order of the House 

ANDREW JOHNSTON Speaker 

1 Recess. 

2 Printed also in N. J. Archives, VI., 181. 



328 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Several of the Members being of the ") 
people Called Quakers do agree to I 
the matter & substance of the above }- 
Address with their usual Exception j 
to the Stile 

Then his Excellency was pleased to say he would take 
their address into Consideration. 
Then the House adjourned to 



Thursday 28 th June 1744 
Present. The Same 

M r Morris from the Committee appointed to bring in the 
Bill for settling & better regulating of the Militia of the 
Province of New Jersey brought in the same. 

Which Bill was read the first time and ordered a second 
reading 

The House adjourned to 

Friday 29 th June 1744 
Present. The Same 

The Bill entitled an Act for the better settling & regulating 
of the Militia &c was read a second Time & committed to 
the Whole House, or any three of the Members. 

The House adjourned to 

4 oClock P. M. 
Present. The Same 

His Excellency having come into Council & having by 
the Secry commanded the attendance of the Assembly was 
pleased to make a Speech to the House as follows. 






1744] JOURNAL, OF THE PROVINCIAL COUNCIL. 329 

M. Speaker and Gentlemen of the Assembly 

When I spoke to you last from this place I gave some 
Instances which I believed shew'd plainly enough some of 
the Deficiencys in the Militia Act, the first was one of the 
Capt ns 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 which by his Confession of the thing & own- 
ing the Value of what he believed the Distresses would have 
amounted to shewed the Instance given to be true & conse- 
quently that such a Number of Men whose defaults would 
have amounted to so large a sum as 100 had not been 
trained as by that Act was directed they should have been 
therefore probably not so Knowing in the performance of 
what the Law appointed them to be trained for nor so usefull 
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 conceived 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 a Captain or Commanding officer to make out 
Warrants of Distress to distrain upon the Goods and Chattels 
of the persons neglecting but requires him to do it, so that he 
making such Distresses his duty to do, and the neglect of it 
a Breach or Neglect of that duty that the Law requires of 
him & by that means eludes the main if not the whole intent 
of it, but there is not in that Act (that I can find) any punish- 
ment appointed for that offence, which I take to be one great 
defect of the Law & tends to render the whole in a great 
measure useless. 

I did suppose (and I think with room) that such Compas- 
sion (or something worse) had prevailed in the Countys of 
Burlington and Gloucester for that I had not heard of any 
Militia Companys Meeting in either of these Countys and 
had reason to believe that men tollerably qualified to execute 



330 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Military Offices were prevailed on to decline accepting of 
them or when accepted to neglect performing the Duty of 
them. 

That Officers have accepted of Military Commissions and 
others have declined accepting of them in those Countys & 
elsewhere is well enough known to me : That there has not 
been any meeting of Militia Companys since I came to 
the Goverm* in either of those Countys as I have been in- 
formed, & believe you and the Members of those Countys 
know it to be true that there has been no such Meeting & 
Consequently that those accepting of them have been pre- 
vailed on to decline the Execution of them & others to de- 
cline accepting is manifest ; But whether prevailed 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 
Companys met I did [lay] this as a fact before the Gentle- 
men of the Council & 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 Acf be answered, & which I am willing 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 shall 
refuse the Office he shall forfeit the sum of Twenty shillings 
but there is no provision made in case of refusal of a Cap- 
tain Colonel Lieutenant Colonel Major &c. which are each 
necessary as a Serjeant or Corp 1 & which as things are Circum- 
stanced people are not easily prevail'd upon to accept. 

The quantity of powder & Lead appointed to be had on 
appearance & the Quantity appointed for each Man to Keep 
by him seems to me to be too small & the application of the 
Fines to be raised for the neglect of appearance to the poor 
seems not to be so proper an[d] useful an application as if 
they were applyed to some Military purpose. 

The fines also for not appearing or having Fuzees seems to- 
me too small to answer the purpose intended by them. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 331 

.There is a Clause in this Act [in] which 'tis said that it 
shall and may be lawfull for the Captain General &c. for the 
Time being in Case of Invasion to call all or so many of the 
persons together for repelling the Force of an Enemy or 
order such Detachment for the Common Defence as he shall 
think fit to follow & pursue the Enemy into any of the 
neighbouring Governments &c. 

You may think and perhaps do that this Clause enables 
the Gov r 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 Kings Letters patent under the great Seal gave to the 
Governour who pass'd 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 Invasion Insurrection or Rebellion 
(not mentioned in our Act and to march them against an 
Enemy & pursue them out of this Province into any of the 
neighbouring Provinces & to give them aid in any such case 
if they need it And the Act of Assembly is only declarative 
of the power lodgd in him by Virtue of the Letters Patent 
antecedent to the making of that Act And the Governour of 
this Province could and can do all this tho' no such Clause 
had ever been made So that the Governour has no addition 
of power by virtue of this Act, & 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 least but a good preparation to 
make them fit to encounter an Enemy and pursue them. But 
unless subsisted w th provision & supported can not long 
resist an Enemy or pursue them, cannot be marched from 
one place to another in our own Province nor transported to 
assist a neighbouring one & no provision being made for this 
in the Militia Act is the grand deficiency of it & without 
such provision the Act (except what it directs concerning the 
Training of the Men) is not worth a Rush the Cap n General 
having power sufficient (as I said before) to do every thing 



332 NEW JERSEY COLONIAL DOCUMENTS. [1744 

w ch that Act says it shall be lawful for him to do if that Apt 
had no Being. 

The Militia or what we call the Militia in this County is 
not a salect part of the people as it is in England set apart 
for that purpose & under Officers ready to be made use of on 
occasion and when there is need for them, employed and 
payed at the Public Charge but the whole Body of the peo- 
ple from 16 years of Age to 60, it is fit that all those people 
should be trained and taught the use of Arms & it is chiefly 
for this that the Militia Act is intended part of these people 
that are nigh to the place where an Enemy makes an attempt 
may be got together & make some defence but it will be 
found very difficult if practicable to keep them together if 
some provision be not made for their Subsistence & Support. 

It is the duty of every Man to resist an Invasion & Con- 
sequently every one ought" to share in the Expence that it 
occasions & 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 occasions & to march from place to place in our own 
Government ot to be transported in aid of another will 
naturally think that they ought not nor cannot leave their 
Familys & several Farms or occupations by which they are 
Supported to serve the Publick without being paid for it, 
this is the practice of all Countrys in some method or other 
-& the practice of our Mother Country as you may see by the 
several Militia Acts the 13, 14, 15 of Charles 2 d the 1 st of 
George and indeed during the Reigns of King William 3 d 
Queen Anne & King George Acts were annually made for 
the raising the Militia which Militia are always employed as 
there is occasion & such as are employed to be paid in the 
manner directed 

The making some Provisions of this kind is necessary at 
this time & that without any unnecessary 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 then the meeting three or four 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 333 

times a year to hear a Drum rattle or see some Colours 
waved 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 defend 
their Country, but without something more will never de- 
fend it. 

Gentlemen 

I need not repeat what I so lately said both to the Council 
& yourselves our Accounts of the attempts of the Enemy 
upon our Neighbors with so great a Force as five thousand 
Men makes it reasonable to think they have further viewa 
and ought to warn us to prepare as much as we can for our 
Defence without any delay and therefore I must earnestly 
entreat you to set heartily about it & shew by your Deeds 
that you have the Interest & safety of the Country at Heart 
& are truely his Majestys loyal and affectionate Subjects 
which I doubt not you will gladly embrace all opportunitys 

of doing 1 

LEWIS MORRIS 

Then the House of Assembly withdrew & sometime after 
his Excellency left the Council 

M r Morris from the Comm ee on the Bill for the better 
setling and regulating of the Militia &c reported to the House 
that the Comm ee had gone thro' the gaid Bill & made some 
Amendments both in the Title and body of the same which 
amendments he read in his place and the same having been 
agreed to by the House. 

Ordered That said Bill with the Amendm 18 be engrossed. 

Then the House adjourned to 

Saturday 30 th June 1744 
Present as before 

The Engrossed Bill entitled an Act for better settling & 
regulating the Militia of the Province of New Jersey & for 

1 N. J. Archives, VI., 183. 



334 NEW JERSEY COLONIAL DOCUMENTS. [1744 

making pvision in Case of Rebellion Invasion or Insurrection 
was read a third Time. 

Resolved That said Bill Do pass 

Ordered that the Speaker do sign the same 

Ordered That M r Morris do carry the said Bill down to 
the House of Assembly for their Concurrence 

Then The House adjourned to 

Munday 2 d July 1744 

Present 

John Rodmans 
Richard Smith VEsq" 
Richard AntillJ 

The House adjourned to Tuesday 3 d July 1744 
Present The Same 

His Excellency came into Council 

A Message from the House of Assembly by M r Eaton & 
M r Cooke to his Excellency in the following words 

Ordered That M r Eaton & M r Cook do wait on his Excel- 
lency & acquaint him that this Hous'e being willing to pay 
the regard due to what was recommended to them by his 
Excellency, committed his Speech of the 29 th of last Month 
to a Committee of the whole House where it was maturely 
considered & found in substance to differ but little from what 
the House before understood to be the import of his Excel- 
lencys first Speech on w oh they then came to Sundry Resolu- 
tions & communicate them to his Excell 07 in their address 
wherein they assure his Excellency that they will always 
readily do their duty in pviding for the necessary expenses 
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 Neighbours or indeed 
upon any necessary occasion whatsoever 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 335 

That the Expence that will attend things of that nature 
are so uncertain & the providing for it beforehand attended 
with such innumerable Difficulty^ that they humbly Con- 
ceive 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 these heads. 

That as to the attempts of the Enemy upon our Neigh- 
bours it is now near a Week since the Report came to Town 
<fe no Express has yet arrived to his Excellency to confirm it, 
that the House has heard of, They therefore hope it will 
prove groundless. 

That altho' the House are under the misfortune of differing 
in Sentiments from his Excellency respecting the Act of As- 
sembly for setling the Militia 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 
safety of the Country and are truely his Majestys loyal and 
affectionate Subjects. 

And that the House humbly pray his Excellency to grant 
them a Recess Till the usual Time of doing Business 

His Excellency was pleased to say he would consider of 
the above Message & M r Eaton & M r Cook withdrew. 

Thereafter his Excellency having by the Sec 7 commanded 
the Attendance of the House of Assembly was pleased to make 
the following Speech to them & to dissolve the Assembly. 

M r Speaker & Gentlemen of the Assembly 

I endeavoured 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 your Neighbours who had been 
attacked. This tho' I have received no Account of it by 
express & perhaps never may (this Governm' being too remote 
to give any assistance to Newfoundland Nova Scotia or South 
Carolina) yet by undoubted accounts the thing appears too true, 
The Council sensible of the Danger prepared a Bill which 
they pass'd and sent to your House, which contrary to the 



336 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



Duty of your Station & of evident ill consequences to the 
Publick you have ordered 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 provid- 
ing for it before hand attended with such innumerable Diffi- 
cultys that you humbly conceive the Assurances given are 
sufficient at present and that on the whole you see no Cause 
to alter your Sentiments from what they were on those heads 
which is peremporily saying (whatever your Promises are) 
that you will make no Provision at all for the Defence of the 
Country before they are invaded. This is so far from shewing 
and l Loyalty to your Sovereign that it shows the Contrary as 
well as a firm Resolution not to make any Provision for 
defence, and a want of Affection for your fellow Subjects I 
therefore by virtue of the powers and authoritys to me given 
under the great Seal of Great Britain do Dissolve this Assem- 
bly, and you are accordingly dissolved. 2 

LEWIS MORRIS 



Journal of the Proceedings of his Majesty's Council for 
the Province of New Jersey at a Sessions of General Assem- 
bly of the said Province begun and holden at the City of 
Perth Amboy, on Saturday the Eighteenth Day of August 
1744, in the Eighteenth year of his Majesty's Reign. 

The General Assembly of the Province of New Jersey 
being by his Majesty's Writ under the great Seal of the said 
Province called to meet at the City of Perth Amboy on the 
Sixteenth Day of August 1744, and being by two several 
prorogations continued to 

1 Any. 

2 N. J. Archives, VI., 189-191. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 337 

Saturday August 18, 1744 

Present 

John Hamilton ^ Robert Hunter Morris ^ 

James Alexander >Esq rs Edward Antill >Esq" 

John Rodman J James Hude J 

His Excellency having been pleased to nominate and 
appoint James Hude Esq r to be one of his Majesty's Council, 
(the Number of Councillors residing within this Province 
being under Seven) and he having been duly qualified before 
his Excellency was admitted and took his seat accordingly 

The House of Assembly 1 having made choice of and pre- 
sented to his Excellency Samuel Nevill Esq r as their Speaker, 
his Excellency was pleased to approve of their Choice and to 
open the Sessions with the following Speech to both Houses. 

" Gentlemen of the Council and Assembly. 

" What I said at the Meeting of the last Assembly at Bur- 
" lington to shew the necessity of putting this Province into 
" as good a posture of defence as we could do concerning the 
" defects of the present Militia Act for that purpose, is pub- 
" lick and it being so short a Time since, and many of the 
" Members now here then present, it must be so fresh in 
" their Memorys, as to make a repetition of it needless " 

" I shall not enlarge upon this Subject, because the present 
u unsafe Condition of the Inhabitants of the Province is a 
" motive sufficient to induce you to do all in your power and 
" render them as secure as you can. 

" This his Majesty Commands to be done, and the reason 

'The House of Assembly was composed as follows : Perth Amboy Samuel Jfevill, 
Samuel Leonard ; Middlesex Robert Hude, William Ouke ; Monmouth John Eaton, 
Robert Lawrence; Essex George Vreeland, John Crane; Somerset J . Van Middle- 
swart, Derrick Van Veghten ; Bergen Lawrence Van Buskirk, David Demarest ; 
Burlington William Cook, Thomas Shinn ; Burlington City Richard Smith, Isaac 
Pearson ; Gloucester Joseph Cooper, John Mickle ; Salem William Hancock, Moses 
Shepherd ; Cape May Henry Young, Jacob Spicer ; Hunterdon William Mott, 
Daniel Doughty. Messrs. Hude, Ouke, Crane, Shepherd, Young and Spicer were 
new members in this, the fourteenth, Assembly. N. J. Hat. Soc. Proceedings, May, 
1860. 

22 



338 NEW JERSEY COLONIAL DOCUMENTS. [1744 

" and necessity of doing it is so apparent that I need only to 
" desire you to set about it with as little delay as possible. 

" When that is done, if you propose any Bills necessary or 
" beneficial for the Inhabitants of the province in my power 
" to assent unto I shall readily and willingly pass them into 
" Laws ; And I pray that the good God will so direct and 
"influence all your Consultations as to make them most 
" k effectual for the publick good 

LEWIS MORRIS 

The House adjourned to 



Monday August 20 th 1744 
Adjourned to Tuesday August 21 st 
Adjourned to Wednesday August 22 nd 
Adjourned to Thursday August 23 d 
Adjourned to Friday August 24 th 
Adjourned to Saturday August 25 th 

Present 

John Hamilton ^j Richard Smith 

John Reading ' M Rob* Hunter Morris 
James Alexander f - bsq " Edward Antill 
John Rodman J James Hude J 

His Excellency came into Council, and. having by the 
Secretary ordered the attendance of the House of Assembly, 
the Speaker and House attended, and in Council presented 
the following address to his Excellency 

To his Excellency Lewis Morris Esq r9 Captain General and 
Governour in Chief in and over his Majesty's Province of 
New Jersey and Territories thereon depending in America, 
and Vice Admiral of the same &c. 



1744] JOURNAL OP THE PROVINCIAL COUNCIL. 339 

May it please your Excellency 

We his Majesties dutiful and loyal subjects the representa- 
tives of the Colony of New Jersey beg leave to thank your 
Excellency for your favourable Speech made to both Houses. 
What your Excellency said at the Meeting of the last 
Assembly at Burlington to shew the Necessity of putting 
this Colony into as good a posture of defence as we could do, 
and concerning the defects of the present Militia Act for that 
purpose we acknowledge is Publick, and what you have said 
shall have its proper and due weight with every Member of 
our House. We have accordingly resolved to take the state 
of the Militia of the Colony into Consideration and we shall 
endeavour to make it as effectual for the safety and Defence 
of the Inhabitants as the nature and circumstances of things 
will admit, and have already appointed a Committee to pre- 
pare the draught of a Bill for that purpose to lay before the 
House. 

We hope as we believe your Excellency doth, that there 
may be no occasion for the calling the Forces of the Colony 
or any part of them together to defeat and render ineffectual 
any attempt of an Enemy upon us, And we have that good 
opinion of the affection Loyalty and duty of the Inhabitants 
of this Province to his Majesty and his Royal Family (which 
we hope may always continue to the British Throne) that they 
are far from having any thought of making an Insurrection 
or Rebellion to disturb the publick peace. Yet we beg leave 
to assure your Excellency that this House will always chear- 
fully do their duty and provide for the necessary Expences 
that may be occasioned by the legal calling of the Forces of 
this Colony together, or any part of them for the repelling an 
Enemy or quelling any Insurrection or Rebellion or for the 
Assistance of our Neighbours, or upon any other necessary 
occasion whatsoever, and have voted and resolved accordingly. 
We beg leave to say that we meet together at this Time 
with hearty and sincere intentions to do all in our power 
necessary for the publick good and happiness of the Inhabi- 
tants of this Colony, or conducive to it, and that with no 



340 NEW JERSEY COLONIAL DOCUMENTS. [1744 

more delay than needfull, which we hope will make what we 
are to ask, admit of the most favourable Construction. 

At this busy Season of the Year many of the Members 
cannot attend without great prejudice to their private affairs,, 
and many of the people being sick both in the Country and 
this City (which we suppose prevents our having so full a 
House as we desire should be on this occasion) and the usual 
Time of doing business being nigh when the Members may 
meet with less detriment to their private affairs, We hope so 
small and as we conceive, so needfull delay will not 
prejudicial to the publick, considering what we have had tl 
Honour to say to your Excellency, We therefore become Peti- 
tioners to your Excellency to order us to adjourn for a mont 
or five weeks at which time we may make provision for th 
Support of the Government, and propose other necessary 01 
Convenient Laws as we shall heartily and sincerely endeavour 
on our part to promote that Harmony and good Agreement 
amongst the Branches of the Legislature, so necessary for the 
publick good and shew our selves not unworthy 'of any favoi 
your Excellency will please to indulge us with. 
By order of the House 

SAMUEL NEVILL Speaker 

Thereafter his Excellency was pleased to make the follow 
ing Speech to the House of Assembly. 

M r Speaker & Gentlemen of the Assembly 

Though what I recommended to you was in pursuance 
his Majesty's Commands, as well as necessary in it self, ai 
required the greatest Dispatch that the Nature and Circui 
stances of things would admit of: yet since you have come 
the Resolutions you mention, and appear willing to go througl 
at another time, not far distant, with what you have now 
readily entered upon and resolved to take into your Considf 
ation, and also then to provide for the support of the Gover 
ment and to propose other Laws necessary or beneficial foi 
the Inhabitants of the Province : I am willing to grant the 






1744] JOURNAL OF THE PROVINCIAL COUNCIL. 341 

Recess you ask, and hope that the sincerity of your Intentions 
will so fully appear by your Actions at our next meeting that 
his Majesty will not blame me for not pressing the matter 
farther at this Time : And that the good agreement now sub- 
sisting, may be productive of that Harmony and Concord 
amongst all the Branches of the Legislature that may be as 
lasting as beneficial to the publick. 

The not compleating all that might be done at this meeting 
tho' not mentioned in my speech to you will be attended with 
an additional charge to me ; which you may consider of as 
you think proper. 

As to the place to be adjourned unto. I leave it to the 
House whether at, Amboy, Burlington, Trenton or Bruns- 
wick. The Time the fourth of October next ; and I hope 
that our next Meeting, be where it will may prove to the sat- 
isfaction of all. 

LEWIS MORRIS 

The Speaker and House of Assembly withdrew and after 
some time the Speaker returned and acquainted his Excel- 
lency in Council that he was ordered by the House of Assem- 
bly to acquaint his Excellency that, that House had agreed to 
adjourn to Burlington 

His Excellency was pleased to withdraw 

Then the Council adjourned to meet at Burlington on 
Thursday the fourth day of October next. 



Journal of the proceedings of his Majesty's Council for the 
Province of New Jersey at a Sessions of the General Assem- 
bly of the said Province begun & holden at the City of Perth 
Amboy on Saturday the Eighteenth day of August 1744 and 
continued by adjournment to Burlington the 4 th day of Octo- 
ber thereafter. 



342 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Thursday October 4 th 1744 
The House met according to adjournment 

Present 

John Reading 1 -p Richard Smith \ -p 

John Rodman / Rob' Hunter Morris / 

The Members of the Council now met considering that they 
were not a Number sufficient to proceed upon Business and 
being informed that the other Members of their House were 
hindered from attending at Burlington at this Time by sick- 
ness, or other Causes of sufficient Weight to excuse them> 
and that it wou'd probably be some days before any Bills 
could be sent up to them from the House of Assembly, 
Have agreed to adjourn the Council to such Time as a Num- 
ber of their Members should be at Burlington sufficient to- 
make a Quorum to proceed upon Business. 

The House adjourned accordingly 

Wednesday October 24 th 1744 

Present 

John Reading ^ Rob' Hunter Morris^ 

John Rodman I Esq Edward Antill VEsq rs 

Richard Smith ) James Hude ) 

A sufficient Number of Counsellors being now met, the 
House proceeded to Business, and 

M r Reading acquainted the House that on the 12 th Instant 
M r Eaton and M r Mott from the House of Assembly had de- 
livered to him a Bill entitled an Act to oblidge the several 
Sheriffs of this Colony to give security and take the Oaths or 
Affirmations therein directed for the due discharge of their 
Offices ; with an order from that House to them to carry the 
said Bill to the Council for their Concurrence; which Bill 
and Order he had accordingly received from them (this- 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 343 

House not being then sitting) and he delivered the same in 
at the Table 

The said Bill was read a first time and Ordered a second 
reading 

M r Smith acquainted the House that on the 13 th Instant 
M r Leonard and M r Shinn from the House of Assembly had 
delivered to him a Bill entitled an Act to prevent Actions 
under fifteen pounds being brought into the Supreme Court 
of this Colony, with an Order from the House of Assembly 
to them to carry the said Bills to this House for their Con- 
currence. 

M r Smith further acquainted the House that on the 15. 
Ins' M r Lawrence and M r Shinn from the House of Assembly 
had delivered to him a Bill entitled an Act for laying a Duty 
on Negroe, Indian and Mullatto Slaves imported into this 
Colony with an Order from the House of Assembly that they 
should carry the said Bill to this House for their Concurrence. 

M r Smith also acquainted the House that on the 22. Ins' 
M r Young and M r Shepherd from the House of Assembly 
had delivered to them a Bill entitled an Act for to encourage 
the destroying of Crows, Blackbirds Squirells and Wood- 
peckers in the Counties of Gloucester Salem and Cape May 
with an order from the House of Assembly to them to carry 
the said Bill to this House for their Concurrence. 

Which three several Bills and Orders M r Smith had received 
(this House not being sitting in any of the days above men- 
tioned, and he delivered the same in at the Table. 

The said Three Bills were severally read a First Time, and 
each ordered a second reading 

The House adjourned to 3 o'clock P. M. 

Present. The Same 

M r Smith acquainted the House that on the 22 Ins* M r 
Cooke and M r .Van Middles wert from the House of Assembly 
had delivered to him a Bill entitled an Act for making 
Current forty thousand pounds in Bills of Credit ; with an 



344 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Order from that House to the said Two Members to carry 
the said Bill to the Council for their Concurrence which Bill 
and order he had accordingly received from them (this House 
not being sitting at the Time) and he delivered the same in 
at the Table. 

The said Bill was read a first Time and Ordered a second 
Reading. 

Ordered that the Bill entitled an Act to oblidge the Sheriffs 
&c. The Bill entitled an Act to prevent Actions under fifteen 
pounds &c. The Bill entitled an Act for laying a Duty on 
Negroe, Indian and Mullato Slaves &c. and the Bill entitled 
an Act for to encourage the destroying of Crows &c. be all 
read a second Time to morrow. 

The House adjourned to 

Thursday Oct 25 th 1744 
Present. The same 

The Bill entitled an Act to oblidge the several Sheriffs &c 
was read a second Time, and the Question being put whither 
the said Bill be Committed. 

It pass'd in the Negative 

Then the Question being put, whether the same be read a 
third Time. 

It pass'd in the Negative 

Thereafter the Question being put, whether the said Bill 
be rejected. 

It pass'd in the Affirmative 

Ordered that the said Bill be rejected 

The Bill entitled an Act to prevent Actions under fifteen 
pounds &c. was read a second Time. 

The House adjourned to 3 o'clock P. M. 

Present 
the same. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 345 

The House resumed the Consideration of the Bill entitled 
an Act to prevent Actions under fifteen pounds &c. and after 
some time spent thereon. 

Resolved that the further Consideration thereof be deferred 

The Bill entitled an Act for laying a Duty on Negro 
Indian and Mullatto Slaves was read a second Time and the 
further Consideration thereof deferred. 

The Bill entitled an Act for to encourage the destroying of 
Blackbirds &c. was read a second Time and Committed to M r 
Rodman & M r Morris 

The House adjourned to 

Friday Oct. 26, 1744. 
Present. The Same. 

M r Morris moved for leave to bring in a Bill for Continu- 
ing the Kings Highway which leads from Bergen point to 
Bergen Town to some convenient place on Hudson's River, 
for crossing that River to New York. 

Ordered that he have leave accordingly 

The House resumed the Consideration of the Bill entitled 
an Act to prevent Actions under fifteen pounds &c. And on 
the Question whether the said Bill be committed 

It pass'd in the affirmative 

Ordered that it be committed to M r Smith and M r Hude. 

The House proceeded to take into Consideration the Bill 
entitled an Act for laying Duty on Negro Indian Mullatto 
Slaves &c. and on the Question whether the said Bill be 
committed ? 

It pass'd in the Negative 

And on the Question whether the said Bill be rejected. 

It pass'd in the Affirmative 

Ordered that the paid Bill be rejected. 

M r Mott and M r Vanmiddleswart from the House of 
Assembly brought up a Bill entitled an Act for better settling 
and regulating the Militia of this Colony of New Jersey for 



346 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



the repelling Invasions & suppressing Insurrections and 
Rebellions ; which Bill was read a first Time and Ordered a 
Second Reading. 

M r Home Clerk of the Council laid before the House a 
Letter he had from John Hamilton Esq r begging that his 
attendance in Council might be excused because of his present 
Illness, and that without him there might be a Sufficient 
Number of Counsellors to do business. 

The House adjourned to 

Saturday Oct r 27, 1744. 

Present 

John Rodman \ ^ rs Rob* H. Morris \ -p 
Richard Smith / Edward Antill J 

James Hude Esq r 

The Bill entitled an Act for the better settling and regu- 
lating the Militia & c was read a second Time and referred to 
a Committee of the whole House. 

The Bill entitled an Act for Continuing the Kings High- 
way w ch leads from Bergen point & c was read a Second Time 
& Committed to M r Morris and M r Antill 

The House adjourned to 

Munday October 29, 1744. 

Present. The Same. 
The House adjourned to 



Tuesday October 30, 1744. 

Present 

John Reading "j Rob' H. Morris 

John Rodman >Esq rs Edward Antill 
Richard Smith J James Hude 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 347 

A Message from the House of Assembly by M r Cooper 
and M r Hude that That House had appointed M r Cooper^ 
M r Eaton, M r Hude, M r Mott, M r Hancock and M r Spicer 
to be a Committee to joyn a Committee of this House to 
inspect the Treasurers Accompts and make report to the 
House, and desiring this House to appoint a Committe for 
that purpose. 

The House adjourned to 



Wednesday Oct r 31, 1744. 
Present. The Same 

Ordered that M r Eeading M r Rodman and M r Smith be a 
Committe to join the Committe of the House of Assembly to 
inspect the Treasurers Accompts And to make report to this 
House. 

Ordered that M r Smith Do acquaint the House of Assembly 
therewith. 

M r Vreelands and M r Crane from the House of Assembly 
brought up the Bill entitled An Act to repeal part of An 
Act of the General Assembly of this Colony, entitled an Act 
for preserving of Timber in the Eastern Division of the Col- 
ony of New Jersey &[c] for the Concurrence of this House 

Which Bill was read the first Time and Ordered a second 
reading 

The Bill entitled an Act for making Current forty thou- 
sand pounds & was read a Second Time. 

The House adjourned to 

Thursday Nov r 1 st 1744. 
Present. The same 

M r Morris from the Committee on the Bill entitled an Act 
for Continuing the Kings High Way from Bergen point &o 



348 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



reported that the Committee had gone through the same with- 
out making any Amendments thereto. 

Resolved that the said Bill be engrossed 

M r Smith reported that he had obeyed the Order of this 
House of Yesterday 

The House proceeded to take into Consideration the Bill 
entitled an Act for making Current forty thousand pounds 
<&c and after some time spent thereon 

The Question being put, whether the said Bill be Com- 
mitted? 

It pass'd in the Negative 

Then the Question being put, whether the said Bill be 
read a third time. 

It pass'd in the Negative 

And the Question being put whether the said Bill be 
rejected? 

It pass'd in the Affirmative 

Ordered that the said Bill be rejected. 

The House adjourned to 



Friday Nov r 2 d 1744. 
Present. The same 

The Engrossed Bill entitled an Act for continuing the 
King's Highway from Bergen point &c was read the 3 d time, 
and on the Question 

Resolved that the said Bill do pass. 

Ordered that the Speaker do sign the same. 

Ordered that M r Antill do carry down the said Bill to the 
House of Assembly for their Concurrence 

The Bill entitled an Act to repeal part of an Act of the 
General Assembly of this Coloiiy, entitled an Act for pre- 
serving of Timber in the Eastern Division of the Colony of 
New Jersey &c was read a Second Time and upon the Ques- 
tion whether the said Bill should be Committed ? 

It pass'd in the Negative 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 349 

Then the Question was put whether the same should be 
read a third time ? 

It pass'd in the Negative 

And the Question being put whether the said Bill be 
rejected. 

It pass'd in the Affirmative 

Ordered that the said Bill be rejected 

M r Morris from the Committee on the Bill entitled an 
Act for to encourage the destroying of Crows &c reported 
the same with some Amendments both to the Title and Body 
of the said Bill, which were read and agreed to by the House. 

Ordered that the said Bill with the Amendments be read a 
third time, which was done accordingly, And on the Question 

Resolved that the said Bill do pass 

Ordered that M r Morris Do 'carry down the said Bill with 
the Amendments Made thereto by this House to the House of 
Assembly for their Concurrence. 

M r Smith from the Committe on the Bill entitled An Act 
to prevent Actions under fifteen pounds & reported the same 
with some Amendments which were read 

And a Motion being made that the Question be put whether 
the said Amendments should be agreed to by the House. 

The previous Question was put, whether the said Question 
be now put ? 

It was Carried in the negative 

The House adjourned to 

Saturday Nov r 3, 1744. 
adjourned to 

Saturday [Tuesday] Nov r 6, 1744. 
adjourned to 

Wednesday Nov r 7 1744. 

Present 

John Reading -\ Robert H. Morris ^ 

John Rodman VEsq rs Edward Antill iE?q rs 
Richard Smith J James Hude ) 



350 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



M r Smith acquainted the House that Yesterday the 6 th 
Ins' M r Cooper and M r Pearson from the house of Assembly 
had delivered to him a Bill entitled an Act to impower some 
of the Inhabitants of the Counties of Burlington, Gloucester 
and others to erect and build a draw or swinging Bridge over 
Coopers Creek in the s d County of Gloucester, And also a 
Bill entitled an Act for ascertaining what part of Trenton 
Bridge shall be built rebuilt and repaired by each of the 
Townships of Notingham & Trenton, w th An Order from 
that House to the said Two Members to carry the said Two 
Bills to this House for their Concurrence, which two Bills 
and Order we [he] had accordingly received from them 
(this House not being sitting at that Time) and he delivered 
the same in at the Table and 

The said Bills entitled an Act to impower some of the In- 
habitants of the County of Burlington &c to build a draw 
or swinging Bridge over Coopers Creek was read a first Time, 
and the second reading thereof deferred 'till sufficient proof 
of the Facts and allegations therein set forth be made to 
this House. 

The Bill entitled an Act For ascertaining what part of 
Trenton Bridge &c was read a first Time, and the second 
reading thereof deferred 'till sufficient proof of the Facts 
and allegations therein set forth be made to this House. 

Ordered that the partys concerned have notice to attend in 
order to be heard on the subject matter of said Bill. 

M r Reading acquainted the House that yesterday the 6 th 
Inst M r Doughty and M r Shepherd from the house of Assem- 
bly had delivered to him a Bill entitled an Act for naturaliz- 
ing Ludwick Hadn, Jacob Utz and others with an order from 
that House to the said Two Members to carry the said Bill to 
this house for their Concurrence which Bill and order he had 
accordingly received from them (this House not being sitting 
at the Time) and he delivered the same in at the Table. 

The said Bill was read a first Time and Ordered a second 
Reading. 

A Message from the House of Assembly by M r Hude and 



1744] JOURNAL, OF THE PROVINCIAL COUNCIL. 351 

M r Cooper desiring to be informed what progress this House 
had made in the following Bills Viz. The Bill to oblidge 
the several Sheriffs of this Colony to give security &c sent to 
the Council 12 th October last. The Bill to prevent Actions 
under fifteen pounds being brought into the Supreme Court 
of this Colony sent 13 th October last. The Bill for laying a 
duty on Negroe, Indian and Mullato Slaves imported into 
this Colony sent 15. October last. The Bill for making 
Current forty thousand pounds in Bills of Credit sent for 
Concurrence the 22 d October last. The Bill for better set- 
tling and regulating the Militia of this Colony &c. sent for 
Concurrence the 26 th October last. 

Ordered that M r Hude do acquaint the House of Assembly 
that on the 25 th October last the Bill entitled an Act to oblidge 
the several Sheriffs of this Colony to give security &c was after 
a second reading rejected by a Vote of this House. That the 
Bill entitled an Act to prevent Actions under fifteen pounds 
being brought in to the Supreme Court was read twice and 
committed, and the report of the Committee is still under the 
Consideration of this House That on 26 October last the 
Bill entitled an Act for laying a duty on Negro, Indian and 
Mullatto Slaves imported into this Colony was after a second 
reading rejected by a Vote of this House. That on 1 st 
November instant the Bill entitled an Act for making Cur- 
rent Forty thousand pounds was after a second reading 
rejected by a Vote of this House. That the Bill entitled an 
Act for better settling & regulating the Militia of this Colony 
<fec. has been twice read and Committed but is not reported. 

The House adjourned to 

Thursday Nov r 8 th 1744. 
Present. The Same 

M r Hude reported that he had obeyed the order of this 
House of yesterday 

A message from the House of Assembly by M r Cooper and 



352 



NEW JEESEY COLONIAL DOCUMENTS. 



[1744 



M r Hude That the Committee of that House appointed to 
inspect the Treasurer's accompts do also in conjunction with 
a Committee of the Council inspect and burn the cancell'd 
money now in the Hands of John Allen Esq re and make 
report to the House and that M r Cooper & M r Hude do 
inform the Council of this order and desire that House to 
appoint a Committee for that purpose. 

Ordered that the Committe or any two of them formerly 
appointed to join a Committee of the House of Assembly to 
inspect the Treasurer's Accompts be a Committee in Conjunc- 
tion with a Committe of that House to inspect and burn the 
Cancell'd money now in the Hands of John Allen Esq r and 
to make report thereof to the House. 

Ordered that M r Smith Do acquaint the House of Assem- 
bly thereof. 

The Bill intitled an Act for naturalizing Ludwick Haden, 
Jacob Utz &c. was read a second Time. 

Ordered that the Certificate of the persons named in the 
said Bill their having taken the Oaths and subscribed the 
Declaration according to Law be laid before the House, before 
the said Bill be 1 committed. 

Then the House continued to 



Friday Nov r 9 th 1744. 

Present 

John Reading \ -p, Richard Smith \ r 

John Rodman J Edward Antill / 

James Hude Esq r 



M r Smith acquainted the House that he had obeyed their 
order of yesterday. 

The House continued to 



Saturday Nov r 10, 1744 

Present. The same 
The House continued to 



1744] JOURNAL OP THE PROVINCIAL COUNCIL. 353 

Monday Nov r 12, 1744. 

Present 

John Reading ^ Rob* H. Morris ~\ 

John Rodman V Esq rs Edward Antill VEsq rs 
Rich d Smith J James Hude J 

The proper Certificates of the persons named in the Bill 
for naturalizing Ludwick Hadn, Jacob Utz and others that 
having taken the Oaths and Subscribed the Declaration 
according to Law were laid before the House, and 

The said Bill entitled An Act for naturalizing Ludwick 
Hadn, Jacob Utz, Frederick Tendlespick, Adam Hoeshild 
Michael Tilheaver, Peter Dosgel Hans Michael Millner 
Johannes Hoffman, Mathias Henshilt, 1 Johannes Trimmer 
Adam Bellesfelt Johan William Bellesfelt, Peter Bellesfelt, 
Johannes Henry Sung 2 Bastian kes Johan Christ Smith Junr, 
Fielliep Snieder Hendrick Winter, Johann Diel berg Adam 
Diets 3 Hendrick Diets 3 Mathias Trimmer & Mathias Sharpen- 
stin was read a third Time and on the Question 

Resolved that the said Bill do pass 

Ordered that M r Speaker do sign the same 

Ordered that M r Hude do acquaint the House of Assem- 
bly that this House has passed the said Bill without any 
amendments. 

The House having taken into Consideration the amend- 
ments made by the Committe on the Bill intitled an Act to 
prevent Actions under fifteen pounds, The Question was 
put whether the House agreed to the amendments made to 
the said Bill. 

It pass'd in the Negative 

Then the Question being put whether the said Bill be 
recommitted ? 

It pass'd in the Negative 

A Motion being made and the Question being put whether 
the said Bill be amended in the House ? 

It pass'd in the Affirmative 

1 Hanshilt. 1 NwUVt Laws, lk. 2 Snug. 16. 3 Diels. Ib. 

23 



354 NEW JERSEY COLONIAL DOCUMENTS. [1744 

And the House having taken said Bill into Consideration 
and made one amend men* thereto 

Ordered that the said Amendment be engrossed 
M r Mott one of the Members of the House of Assembly 
by order of his Excellency laid the following Letter directed 
to him and M r Vanbuskirk before the House. 

M r Mott & M r Vanbuskirk 

Be pleased to Acquaint the Speaker and house of Assem- 
bly that I order the Speaker to adjourn the House to meet at 
Trenton on Wednesday Next at Three o'Clock in the after- 
noon of the Day, at which Time and place I shall be very 
ready to hear any thing that honourable House hath to say 
to me. Be pleased also to let the Gentlemen of the Council 
know that I have Ordered your Speaker to adjourn Your 
House to Trenton that the Council may also adjourn and 
meet at the same place, my ill state of Health being such 
that I cannot attend them at Burlington. 

LEWIS MORRIS 

Saturday Noveni 1 10 th 1744. 

And accordingly the House continued to Wednesday the 
14 th Instant to meet at Trenton 



Wednesday the 14 th Nov r 1744. 
The House met at Trenton 

Present 

The Hon bla John Reading 1 Rob' H. Morris 1 Eg 
John Rodman / Edward Antill / 
James Hude Esq r 

M r Hude reported that according to the order of Monday 
last he had acquainted the House of Assembly that this 
House had pass'd the Bill intitled an Act for naturalizing 
Ludwick Hadn Jacob Utz & others without any Amend- 
ments 

The House continued 'till tomorrow Morning 10 o'clock 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 355 

Thursday 15 Nov r 1744 

The House met. Present 

John Reading 1 E rs Rob* H. Morris 1 Eg , s 

John Rodman j Edward Antill / 

James Hude Esq r 

A Message from the House of Assembly by M r Eaton & 
M r Spicer requesting of this House to be informed what pro- 
gress this House had made in the following Bills Viz' 

The Bill to prevent Actions under fifteen pounds being 
brought into the Supreme Court of this Colony. 

The Bill for the better settling and regulating the Milita 
of this Colony &c 

The Bill to impower some of the Inhabitants of the Coun- 
ties of Burlington &c to build a Draw or Swinging Bridge 
over Cooper's Creek. 

The Bill for ascertaining what part of Trenton Bridge 
shall be built rebuilt and repaired by each of the Townships 
of Nottingham and Trenton. 

The Bills to encourage the destroying Crows Blackbirds &c. 

The Bill to repeal part of an Act for preserving of Timber 
in the Eastern Division of the Colony of New Jersey &c. 

The House continued till 3 o'clock in the afternoon 
The House met. 

Present 
as before 

The Govern r came to Council Chamber & having by the 
Secy required the attendance of the House of Assembly 

The House attended accordingly and presented the follow- 
ing address to his Excellency. 

To his Excellency Lewis Morris Esq r Captain General & 
Gov r in Chief in & over his Majesty's Province of New 
Jersey & Territories thereon depending in America, & Vice 
Admiral in the same 



356 NEW JERSEY COLONIAL DOCUMENTS. [1744 

The Humble address of the House of Representatives of 
the s d Colony in General Assembly met. 

May it please your Excellency. 

The occasion we have at this Time of addressing y ur Excel- 
lency is upon the Account of a Complaint made to this House 
on the 25 th of last month by some of the Freaholders Chosen 
by the respective Towns & precints in the County of Hun- 
terdon setting forth a grievance in the said County by an 
illegal proceeding in the choice of a Loan Officer, and praying 
redress. Whereupon the House Ordered the partys con- 
cerned, to attend with their Evidence, when M r Speaker by 
Order of the House demanded of the party complaining, who 
they complained against were, by Name they answered, 
John Philips, Benj n Rounsaval, Thomas Cadwallader, Nath- 
aniel Ware, Thop 8 Philips Charles Clark, Jasper Smith, 
Samuel Stout, Cornelius Ringe, Ralp Smith and Ralph Hart, 
all Justices of the Peace of said County. That these joined 
by three Freeholders to wit Joseph DeCow, Andrew Smith, 
and Andrew Read, did on the first of September last take upon 
themselves to* Nominate and choose a Commissioner of the 
loan office in opposition to a Majority of the Freeholders then 
present. Eight of the above named Justices and the three 
Freeholders being also before the House delivered in a Remon- 
strance signed by the Eight first mentioned Justices wherein 
they set forth " That they did on the first day of September 
last meet with so many of the Freeholders as gave their 
attendance at the Court House at Trenton, and " then did 
" proceed to the choice of a Commissioner ; and Ten Justices 
" and five Freeholders, having voted for M r Read and but 
" six Freeholders without any one Justice having voted for 
" Joseph Yard, they did declare Andrew Reed legally chosen." 

The House from a tender regard to the welfare of the 
Inhabitants of this Colony & resolving as much as in them 
lies to transmit the rights & priviledges with which they have 
the Honour to be entrusted free & sacred to posterity do look 
upon themselves indispensably oblidged to declare to your 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 357 

Excellency that after having made the most necessary disqui- 
sition. 1 This House is humbly of Opinion that the said 
Election so made against the Voice of the Majority of the 
Freeholders, is contrary to the express words of the Act of 
Assembly for that purpose and therefore is arbitrary, illegal 
and in itself void. That the said Justices proceeding therein 
is manifestly calculated with Views presuming & unwarrant- 
able directly tending to the aggrieving his Majesty's Subjects 
in that County in particular, and in it's Consequences (with- 
out timely interposition) may also affect the People in general 
by depriving them of their Vote by the Freeholders in the 
Choice of their loan officers who are by Law appointed 
Trustees for the receiving and paying the Bills of Credit : 
For the due payment and sinking whereof all the Freeholders 
<fc Inhabitants stand bound as Sureties. 

Before we conclude we beg leave further to observe to 
your Excellency That as the Majority of the Freeholders in 
each County in Conjunction with three Justices of the Peace 
have power by virtue of several Acts of Assembly of this 
Colony to raise money on the Inhabitants for sundry necessary 
uses mentioned in the said Acts An attempt to deprive them 
of a Voice in the disposition of their own money is not only 
a manifest subversion of that priority in the people w ch 
amongst Englishmen has ever been deemed invaluable, but 
also what we hope is unnecessary to remark to your Excel- 
lency how nearly the Prerogative of the Crown is concerned 
in a Behaviour of this Nature. That the Justices have an 
equal right to Act in these affairs, as in that complained of, 
and that these Consequences are not forced but natural and 
genuine, we think to Conspicuous to be denyed. 

From all which we are induced to become Pet to your 
Excellency. That your Excellency would be pleased to 
remove the said Justices from the Commission of the Peace, 
or order such prosecutions against them as you in your 
Wisdom shall see meet so that it may effectually deter others 

1 Query: Inquisition. 



358 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



from Acting so apparently Contrary to the express Letter of 

the Law. 

By order of the House 

SAMUEL NEVIL, Speaker 

To which his Excellency was pleased to make the follow- 
ing Answer. 

" Gentlemen 

This is an address of an Extraordinary Nature & requires 
some time to consider of it properly, which I shall take before 
I say any thing to you on the Subject Matter of it. I have 
enquired Concerning the Act for making Forty thousand 
pounds in Bills of Credit Current, that is mentioned in your 
Notes 1 & am informed there is no such Act in the Office at 
Burlington I shall direct the Secretary to have the Office 
(kept in the Eastern Division) to be searched as soon as may 
be for it and when I have seen it I shall give you my 
Thoughts on what you have now said to me. 

The House Continued till 9 o'clock tomorrow A. M. 



Friday Nov r 16. 1744 
Present as before 

The Engrossed amendment made to the Bill entitled an- 
Act to prevent actions under fifteen pounds being brought 
into the Supreme Court of this Colony was read, and 

The Question was put whether the said Bill with the 
Amendment be read a Third Time. 

It was carried in the affirmative 

And the said Bill with the Amendment being read a third 
Time, on the Question whether the said Bill with the amend- 
mt" do pass 

It was carried in the affirmative 

Resolved that the said Bill with the amendment Do pass. 

'Votes. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 359 

Ordered that M r Rodman Do carry the said Bill with the 
amendm* to the House of Assembly for their Concurrence 

Ordered that M r Morris do acquaint the House of Assem- 
bly in answer to their Message of the 15 th Ins' That the Bill 
intitled an Act to prevent Actions under fifteen pounds &c. 
was this day pass'd with one amendment and sent to that 
House. 

That the Bill for better settling and regulating the Militia 
of this Colony &c. is now under the Consideration of a Com- 
mittee of the whole House who have made a considerable 
progress therein 

That the Bill to impower some of the Inhabitants of the 
Countys of Burlington &c. to build draw or Swinging Bridge 
over Coopers Creek &c 

The Bill for ascertaining what part of Trenton Bridge 
shall be built rebuilt and repaired by each of the Townships 
of Nottingham and Trenton do affect private property and 
therefore have ordered that they lie on the Table 'till the 
partys interested are heard. 

That the Bill to encourage the destroying of Crows Black- 
friars 1 &c. was received by this House on the third Ins* with 
a Message from that House importing that they disagreed to 
the word Monmouth wherever inserted in the amendments 
made by the Council to the said Bill which Method of dis- 
agreeing to a part of one of the amendments is unparlia- 
mentary and this house conceives ought to have been done by 
way of amendment to the amendments made by this House 
And therefore have sent the said Bill with the amendments 
and the message back to that House for their further Con- 
sideration 

That the Bill to repeal part of an Act for preserving of 
Timber in the Eastern Division of the Colony of New Jersey 
&c was on the 2 d Ins* rejected by a Vote of this House. 

Ordered that M r Morris do also acquaint the House of 
Assembly in answer to their message of this day, that this 

1 Manifestly an error for blackbirds. See ante, page 343. 



360 NEW JERSEY COLONIAL DOCUMENTS. [1744 

House cannot inform them when they shall have any thing 
to lay before Them, but they have & shall give all the dispatch 
to the Bills under their Consideration that the Importance of 
them will admit. 

Then the House continued till 



Tuesday morning 10 o'clock 

Present 

John Reading "| Rob' H. Morris ^ 

John Rodman v Edward Antill VEsq 
Richard Smith J James Hude ) 

M r Rodman reported that according to the order of Friday 
last he had carryed down to the House of Assembly the Bill 
entitled an Act to prevent Actions under fifteen pounds being 
brought into the Supreme Court of this Colony with the 
Amendment made thereto by this house, and delivered the 
same to the Speaker in the Chair. 

M r Morris reported that according to the order of Fry day 
last He had delivered the message to the House of Assembly. 

M r Rodman acquainted the House that on Friday last M r 
Demarest and M r Young from the House of Assembly had 
delivered to him the Bill entitled An Act to prevent Actions 
under fifteen pounds &c. and acquainted him that the House 
of Assembly disagreed to the amendment made to the said 
Bill by this House & adhere to the Bill which being taken 
into Consideration And the Question put, Whether the House 
adhere to their amendment. 

It was carried in the Affirmative 

Ordered that M r Rodman do carry the said Bill to the 
House of Assembly and acquaint them that this House 
adheres to their amendment. 

M r Rodman acquainted the House that on Friday last 
M r Demarest and M r Young from the House of Assembly 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 361 

had delivered to him the Bill entitled An Act for to encourage 
the destroying of Crows &c. And acquainted him that the 
House of Assembly had made some Amendments to the 
Amendmt" Made by the Council to the said Bill. 

Which Amendments being taken into Consideration and 
the Quest* put whether this House would agree to the Amend- 
ments of the House of Assembly made to the Amendments 
of this House. 

It was carried in the affirmative, Nem. Con. 

Ordered that M r Rodman acquaint the House of Assem- 
bly therewith 

M r Rodman reported that according to the order of this 
day he had carryed down to the House of Assembly the Bill 
entitled an Act to prevent Actions under fifteen pounds &c. 
And acquainted that House that the Council adheres to. the 
Amendment on that Bill and also that he had acquainted the 
House of Assembly that the Council agrees to the amend- 
ment of that House to the Council's amendment on the Bill 
entitled an Act for to encourage the destroying of Crows &c. 

M r Reading from the Committee appointed to join a Com- 
mittee of the House of Assembly to inspect the Treasurers 
Accompts and burn the Cancelled money reported the same : 
which report being read and taken into Consideration And 
there appearing a Memorandum on the account of John Allen 
Esq r Treasurer of the Western Division in these words. 

"And the said Treasurer has charged the following sums 
which the Committee are of opinion ought to be allowed when 
Warrants, are by him produced Viz* 

For attending the Court of Oyer and Terminer at 

Salem & .....10 

For attending Do. at Hunterdon 10,, 

For attending Do. at Gloucester 10 

For exchanging ragged and torn Bills 52 5 



82,, 



362 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



Which Memorandum this House is of opinion is no part 
of the Treas account nor the Articles therein mentioned ripe 
for a Charge as no Warr u appear to have been Issued for the 
same pursuant to Act of Assembly and consequently no part 
of the Business referred to the Committee of this House by 
the Order of the 31. October last, Therefore the House dis- 
agrees to the said Memorandum and every part thereof and 
approves of the remaining part of the reports which are as 
follows. 

The Committee appointed to examine the Treasurers Ac- 
counts having Carefully examined the same Do agree that M r 
John Reading from the s d Committee do make the following 
Report to the House, contained in the following account. 



D r John Allen Esq r Treasurer of the Western Division 
of the Province of New Jersey. 



C r 



Support of Government 



. s. d 
To arrearages in Bur- 
lington County as the 

same was reported at 

last settlement in the 

year 1742 18,, 8 11 

To Sundry Deficiencys 

in the Interest Money 

of the first 40,000 

as reported at last 

Settlement in the 

Year 1742 in the 

County s following 

viz* 
Hunterdon 

(since paid to 
said Treas- 
urer) 22,,3,,7i 

Burlington 13 7 2J 

Cape May 4 7| 



. s. d 



To a Deficiency in the 
Interest Of the 20- 



35 ,,15,, 5| 



By a Deficiency at 
last Settlement in 
the County of Bur- 
lington Still un- 
paid 18,, 8,,11 

By Sundry Deficien- 
cys in the first 
40,000 still un- 
paid by the Coun- 
tys following viz. 

Burlington....l3 7 2J 

Cape May 4 7J 

13,, 11,, 10. 

By Sundry Warrants 
Certificates &c 
produced and en- 
dorsed by order of 
the Committees as 
accounted for, 
amounting in the 
whole to 2854,, 5,, 6 



1744] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



sea 



000 due at s d Settle- 

ment from the Es- 

tate of James Trent 

and since received by 

said Treasurer ......... 34 

To the Ballance re- 
maining due in his 
Hands at last Settle- 
ment in the year 

1742 ...................... 973 ,,15,, 8J 

To Interest money pay- 

able from the West- 
ern Counties for the 
20,000 in the Years 

1743 & 1744. 



Burlington....l65 

Gloucester ..... 113, 

Salem ............ 192 

Hunterdon.... 95 

Cape May ...... 39 



3 

10J 
3 





605 15 4} 



To Interest money pay- 
able from the West- 
ern Countys for the 
40000 in the Years 
1743 & 1744. 

Burlington 437, 0,,0 

Gloucester 301 , 

Salem 510, 8,,0 

Hunterdon 256, 0,,0 

Cape May 106, 16 

1611,, 4,, 

4278 19 6 
To part of 40,000 re- 
maining in said 
Treasurer's Hands 
appointed to be Can- 
celled and destroyed 
in Bills dated 1724 
(if to be found) as 
the same was reported 
at last Settlement in 
1742 the sum of. 253,, 8,, 9| 



Ballance due in said 

Treasurers hands.. 1392 13 3 
And that the said 
Treasurer has 
charged the fol- 
lowing Sums 
which the Com- 
mittee are of opin- 
ion ought to be 
allowed when 
Warrants are by 
him produced, viz. 
For attend- 
ing the Court 
of Oyer and 
Tenniner at 

Salem &c 10,,0,,0 

For attend- 
ing Do at 
Hunterdon... 10,,-,,- 
For attend- 
ing Do at 
Gloucester... 10,,-,,- 
For exchang- 
ing ragged 
and torn 
Bills 52,, 5,, 

82,,5,,0 



4278 ,,19,, ft 

By Order of the Committeea 
JOHN READING 
JOSEPH COOPER 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



The said Committees do further agree that M r John Read- 
ing from the said Committees do make Ihe following report 
to the House, contained in the following accompt. 

D r Andrew Johnston Esq r Treasurer of the Eastern C r 
Division of the Province of New Jersey 



Support of Government 



To Sundry messages 1 
in the following 
Countys as the same 
was reported at the 
last Settlem* in 
1742, Viz. 

Middlesex ..... 18 18 5J 
Do. in 1730.... 25,, 0,,0 



Somerset 

To the Ballance due 
at last Settlement in 
1742 from the Estate 
of Michael Kearny 
since received by 
said Treasurer 

To the Ballance re- 
maining in his 
hands at said Set- 
tlem* 

To Sundry Deficien- 
cys in the Interest 
Money as ^ Keport 
at s d Settlement Viz. 

Bergen 21 4 ,, 9J 

Essex 72 6 5J 

Middlesex.... 38 12 7J 

To Interest money 
payable from the 
Eastern Countys for 
the 20,000 in the 
years 1743 and 1744 

Bergen 108 ,, 14 3 

Essex 181 15 9 

Middlesex... 154 1 ,. 9 
Monmouth.. 228 ,. 12 10 
Somerset 49 12 6 

'Arrearages. 



By Sundry Deficien- 
cys still outstand- 
ing in the foil 
Countys viz. 

Middlesex 18,,18,,5J 

Do in 1730 25,, 0,, 

43 ,,15,, 5J 

Somerset 18,, 3,, 

43 18 51 By Sundry Deficien- 
18,, 3,, cys in the Interest 
money as reported 
in 1742 and still 
outstanding in the 
following Countys 
viz 

309,, 6,, 4| Bergen 21,, 4,,9i 

Essex 72,, 6,,5 

Middlesex ... 38 12 7J 



132 3,,10| 



3292,, 4,, 8 



132,, 



By Sundry Warrants 
Certificates & c pro- 
duced and endorsed 
by order of the 
Committees as ac- 
counted for, 
amounting in the 
whole to the sum 

of 2207 ,,16,, 2 

Ballance due 4026 7 11 j 



722 ,,17,, 1 



1744] 



JOURNAL, OF THE PROVINCIAL COUNCIL. 



365 



To Interest money 
payable from the 
said Countys for the 
40000 in the 
years 1743 and 1744 



Bergen 
Essex 



288 , 
481, 

Middlesex.... 402 , 
Monmouth... 603, 



Somerset ...... 134,, 



1909 ,,16,, 



6428,, 9,, 5} 



6428,, 9,, 5i 



9,,H M 



By the Deficiencys of 
the 40,000 still 
outstanding 

In Essex 7 ,,12, ,5 

Somerset 1,,18,,7 



9,, 11,, 0. 



To the Deficiencys of 
the 40,000 as re- 
ported in 1742 viz. 

Essex 7,, 12 ,,5 

Somerset 1 18 ,,7 

To the Ballance re- 
maining in the 
Treasurer's Hands 
as^Keportin!742 
which the then 
Committees were of 
opinion ought to be 
exchanged for Bills 
dated in 1728, the 
sum of. 208,, 13,, 6 

By order of the Committees 

JOHN READING 
JOSEPH COOPER 

The said Committees being also appointed to inspect and 
burn the cancelled Bills of Credit, agree that M r Joseph 
Cooper make the following Report to the House of General 
Assembly, viz. 

That the Committees find that there should have been 
Cancelled of the 20,000 in Bills of Credit and brought into 
the Treasury of the Western Division from the several 
Countys therein in the Years 1742 1743 and 1744 the follow- 
ing sums viz. 



366 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Burlington in each Year 308 15 is 926 5 

Gloucester 214,, 7,, 6,, 643,, 2,,6 

Salem 360 5 1080 15 

Cape May 78,, 0,,0,, 234,, 0,,0 

Hunterdon 185,, 0,,0,, 555,, 2,, 6 

Total 3439 2 6 



That John Allen Esq r Treasurer of the Western Division 
laid before the Committees 21 bundles of Cancelled Bills 
which were examined & burn'd by the Committees, brought 
into the Treasury from the several Countys as follows Viz. 

Burlington 3 Bundles Containing 926,, 5,,0 

Gloucester 6 608 12 6 

Salem 5 1033 13 6 

Cape May 4 234,, 0,,0 

Hunterdon 3 555,, 0,,0 



In the whole 3357 11 
By which it appears that 

Gloucester is deficient 34 10 



Salem 47,, 1,,6 



- 81 11 6 
3439 2 6 



That the said Treasurer also laid before the Committees 
two Bundles of Cancelled ragged and Torn Bills received by 
him in exchange for New Bills, which ragged Bills were 
examined and burn'd by the Committees amounting in the 
whole to 2090 

That the said Treasurer also laid before the Committees 
one Bundle of Cancelled Bills received by him from the 
Commissioners of the Loan Office of the County of Hunter- 
don being so much of the first 40,000 recovered from the 
Estate of James Trent as ought to have been Cancelled as by 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 367 

the Report in 1740, which was cancelled pursuant to the 
opinion of the House By their Votes in 1743, amounting to 
128 8 

Which Bundle was examined & burnt by the Comittees 
and appears to be the whole that remained uncancelled of the 
first forty thousand pounds. 

By the Commissioners of the Loan Office in the Western 
Division 

By order of the Committees 

JOHN EEADING 
JOSEPH COOPER 
Then the House Continued till 

Wednesday 21 st Novem r 1744 
Present as before 

M r Cooper and M r Young brought up from the House of 
Assembly the Bill intitled An Act to encourage the destroying 
of Crows &c. reingrossed with the Amendments Agreed to 
by both Houses. 

Then the House Continued till 

Thursday 22 d Nov r 1744 

Present 

John Reading 1 E rs Richard Antill 1 E 

John Rodman / Edward Antill / 

James Hude Esq rs 

Ordered that the reingrossed Bill Entitled An Act to 
discourage 1 the destroying of Crows &c. with Amendments be 
read and compared which was done accordingly 

Resolved that the Bill do pass 

Ordered that the Speaker do sign the same 

Whereas Order was given on the 27 th this Ins* to acquaint 
the partys Concerned in a Bill now before this House con- 

1 Encourage. 



368 



NEW JERSEY COLONIAL DOCUMENTS. 



[174* 



cerning a Bridge between the Townships of Nottingham and 
Trenton that they might be heard on the Subject Matter of 
said Bill, which Order this House apprehends was not obeyed 
the partys not giving attendance according to said order, And 
this House being willing for the Ease of the partys to hear 
them on the Subject Matter of said Bill whilst the Sessions 
continue at Trenton, The Clerk of this House is hereby 
Ordered to give Notice to the partys that this House has 
allotted Tuesday the 27 th Instant for hearing the partys 
accordingly by serving them with a copy of this order. 
Then the House continued till 



Friday 23 d Nov r 1744 
Present as before 

M r Morris from the Committee of the whole House on the 
Bill entitled an Act for better settling &c. Reported that the 
Committee had gone thro' the said Bill & made Sundry 
Amendments ^thereto which with leave of the House he read 
in their places. 

On the Question whether the House agrees to the s dl 
Amendm 4 

It was carried in the affirmative 

Ordered that the said Bill with the Amendments be read a 
Third Time. 

The Bill with the amendments being read a Third Time on 
the Question whether the said Bill with the amendments do 



It was carried in the affirmative 
Resolved that the said Bill do pass 
Ordered that the Speaker do sign the same 
Ordered that M r Morris do carry the said Bill with the 
amendments to the House of Assembly for their Concurrence 
Then the House Continued 'till 3 o'Clock P. M. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 369 

Friday afternoon 3 o'Clock 
Present as before 

M r Morris reported that he had obeyed the order of this 
House, of this morning 

His Excellency the Governour having communicated to 
this House the Minutes of the House of Assembly of Thurs- 
day the 22 d ins* the same was read and it being the unanimous 
Opinion of this House that many things therein contained not 
only do highly reflect on the Conduct and Characters of the 
Members of this House and are great Infringments of the 
priviledge thereof, but do also in their Consequences tend to 
the disquieting the minds of the people and raising Feuds 
and Dissentions amongst them, and must in their own Nature 
prove destructive of that Harmony & good understanding 
which ought always to subsist (and more especially at this 
time) between the Branches of the Legislature. In order 
that the same may be taken into Consideration. 

Ordered that they be entered in the Books of this House 

And they are as follows 

The House resolved it self into a Committee of the whole 
House to further Consider the State of the Publick Affairs 
of this Colony: after sometime spent therein M r Speaker 
resumed the Chair, and M r Eaton Chairman reported that the 
Committee had gone thro' the matters to them referred & he 
was directed to make report thereof when the House will be 
pleased to receive it. 

Ordered that the Report be made immediately ; and it was 
accordingly done and is as follows, Viz. 

The Committee having taken the State of Publick Affairs 
of this Colony under Consideration are come to a resolution 
to make the following report with the resolves thereupon, to 
the House, to wit. 

That having considered some of the Causes of the several 
long and almost fruitless Sessions that have frequently hap- 
pened during the administration of his Excellency our present 

24 



370 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



Governor, out of a tender regard to the welfare of the Inhabi- 
tants thereof, they think themselves under indispensable obli- 
gations to represent to the House what in their humble opinion 
hath contributed to these our unhappy circumstances, and hav- 
ing perused the Votes and proceedings of the several Assem- 
blys as also had information from several Members of this 
Committee, that were then on those Assemblys : It appears to 
the Committee that a great deal of Time hath been spent, and 
pains taken at a large expence to the publick by most of the 
Assemblys of this Colony at their several Sittings ; as also by 
this present Assembly in their present Sitting, to form and 
adjust Bills which they conceived essentially necessary for the 
Benefit and well being of the Inhabitants of this Colony which 
Bills in the Nature of them could not with any Colour of 
reason be construed to interfere with his Majesty's preroga- 
tive ; many of them being but Temporary Bills and others 
with Clauses suspending their Effects untill his Majesty's 
royal pleasure should be known concerning them ; and all of 
them as near as the nature of them would admit agreeable to 
the Laws of I^ngland. After all which Caution, pains and 
expence, We find many of them heretofore so formed, have 
been rejected by his Excellency, after their having passed both 
Council and Assembly, of which we find the late Assembly in 
their address to his Excellency grievously Complaining and 
therein proposed to his Excellency the passing their Bills pre- 
vious to their granting the Support of Government, since 
which (as the Committee conceive) ways have been thought 
of to influence a majority of the Council to reject the Bills 
proposed by the Assembly, and they think their Conjecture 
will not be thought to be groundless when the House will be 
pleased to consider what number of Bills appears by their own 
messages on the Minutes of this Assembly to have been re- 
jected by that Board on the second reading, without giving 
themselves the Trouble of either making amendments thereto, 
or proposing any conference thereon notw th standing several of 
those Bills so rejected, were as the Committee conceived 
essentially necessary for the purposes afores d and by one of 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 371 

them provision was made for purchasing a thousand Muskets 
with Bayonets fixed thereto and a large Quantity of Amuni- 
tion for the use of the Colony, w th a Clause suspending the 
effect thereof, untill his Majesty's pleasure was known con- 
cerning it. 

That there is not nor hath not for several Years past been, 
as the Committee can be informed more than six or seven 
persons of his Majesty s Council residing in this Colony at 
any one Time and seldom more than five or six that give 
their attendance at a Session makes the aforesaid Conjectures 
still more probable 

That our Governour's own Son should be Chief Justice 
and at the same time one of his Majestys Council in this 
Colony seems to the Committee inconsistent, and in some 
Cases may be very prejudicial to the Interest of the Publick: 
An Instance of which occurs this present Sessions. How 
unreasonable is it that a Judge of the Supreme Court should 
sit in Council and there have a Negative on a Bill entitled, 
An Act to prevent any Action under fifteen pounds being 
brought into the Supreme Court of this Colony which for 
the ease of the people is to lessen some of the perquisites 
claimed by the Judge of that Court ? An Act that if it had 
took place would have been of great Benefit and ease to the 
Inhabitants of this Colony by preventing their being loaded 
with large Bills of Costs on the Recovery of Small Debts in 
that Court and how unhappily may be the Case of those who 
have or shall have occasion to remove a Cause or Causes 
from the Supreme Court before the Governour and Council, 
where perhaps the same Judge that gave Judgment in the 
Supreme Court may be one of the Gentlemen of the Council 
to judge of it again in Council ? 

On the foregoing Consideration the Committee have Come 
to the following Resolutions, to wit. 

Resolved, That it is the opinion of this Committee, that it 
is inconsistent with that Freedon and priviledge the people of 
this Colony (by their happy Constitution have a right to 



372 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



enjoy) that the same person should be Chief Justice at the 
same Time one of his Majestys Council in this Colony. 

Resolved That it is the opinion of this Committee, that 
there [not] being a greater number of Councilors than Six or 
Seven to attend the business of the Sessions, is the occasion of 
great delay and hinderance of the publick Business. 

Resolved That as his Majesty is engaged in a War with 
France and Spain the Committee will propose it to the House 
to apply the money they have in the Treasury frugally that 
they may be in the better Condition to assist his Majesty on 
any emergency. 

Resolved, That while Things remain in this Situation the 
Colony is not in a Condition to support Government so largely 
as they have done for some years past. Nevertheless this 
Committee being willing to shew all Duty and Loyalty to his 
Majesty, as in Gratitude they are bound to do ; Do hereby 
propose to the house to support Government in as honourable 
a manner as the present Circumstances of things will admit 
and move that it may be recommended id the Committee on 
that Bill, to provide accordingly. 

And the Question being put whether the House agrees to 
the Report and Resolves of the Committee thereupon or not, 
it pass'd in the affirmative 

Then the House 

Continued till 



Tuesday 27 Nov r 1744 
Present 



John Reading ^ 
Richard Smith >Esq" 
Edward Antill j 



John Rodman ^ 
Rob' H.Morris VEsq r 
James Hude ) . 



M r Demarest and M r Spicer from the House of Assembly 
brought up the Bill entitled an Act for the better settling and 
regulating of the Militia <fec*with the amendments made to 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 373 

said Bill by the Council and acquainted this House that the 
House of Assembly disagreed to the amendments made by the 
Council to the said Bill and adhered to the Bill 

On the Question whether this House adhere to or recede 
from their amendments. 

Resolved that this House adheres to their amendments 

Ordered That M r Hude carry down the said Bill with the 
amendments and acquaint the House of Assembly that the 
Oouncil adheres to their amendments. 

Several of the Inhabitants of Trenton and Nottingham 
attended according to the order of the 21 st Ins* 

The Inhabitants of Trenton desiring a further Time till 
tomorrow morning to put their Reasons against the Bill into 
Writing, it was granted. 

Then the House Continued 'till 



. Wednesday 28 th Nov r 1744. 

Present 

John Reading ~| Rob* H. Morris ^ 

John Rodman VEsq" Edw d Antill VEsq" 

Rich d Smith J James Hude J 

The Inhabitants of Trenton and Nottingham attended 
according to leave granted yesterday. 

M r Reading acquainted the House that M r Pearson & M r 
Vanveghten from the House of Assembly delivered to him 
yesterday a Message with a Bill entitled an Act for the Support 
of the Government &c. to which they desired the Concurrence 
of the Council, which said Bill he had received from them 
(the House Not then Sitting) and delivered it jn at the Table, 
which Bill was Read the first Time and ordered a Second 
Reading. 

M r Hude reported that he had obeyed the order of the 
House of Yesterday 

Then the House continued 'till 3 o'Clock P. M. 



374 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Present as before 

Ordered that the Bill entitled an Act for Ascertaining what 
part of Trenton Bridge &c. be read a Second Time 
Then the House continued till 

Thursday 29 th Nov r 1744 

Present 

John Reading ^ Rob 1 H. Morris ^ 

John Rodman VEsq" Edw d Antill VEsq 

Richard Smith ) James Hude j 

The Bill for ascertaining what part of Trenton Bridge 
shall be built &c. was read a second time & Committed to M r 
Rodman & M r Hude. 

The Bill entitled An Act for the Support of Government 
was read a Second Time and was committed to a Com" of the 
whole House 

Then the House Continued 'till 3 oClock P. M. 

Present as above 
Then the House Continued 'till 

Friday 30 th Nov r 1744 

Present 

John Reading "I -p rs Richard Smith 1 -p 

John Rodman / Rob' H. Morris f 

James Hude Esq r 

The resolves of the Council sent down to the House of 
Assembly were read a second time and unanimously agreed 
to, and are as follows Viz* 

" The Council having taken into their Consideration the 
" Votes and Resolutions of the House of Assembly of the 22 d 
" Instant, which they conceive they ought to look upon as an 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 375 

" attack on the prerogative of the Crown, And that they do 
" not only contain very high reflections on the Conduct and 
" Characters of the Members of this House but are great 
" Infringement of their priviledges, In their Consequences 
" tending to disquiet the minds of the people, and raise Feuds 
" Dissentions and Animosities among them and must in their 
" own Nature prove distructive of that Harmony and Good 
" Understanding which ought always to subsist and more 
" especially at this Time, between the Branches of the Legis- 
" lature " 

" In Justice therefore to the royal prerogative, to the known 
" rights of his Majesty's Council, to our happy Constitution 
" and to the Libertys and priviledges of the people of this 
" Colony, they have unanimously come to the following reso- 
lutions 

" Resolved 

" That it is his Majesty's undoubted right and prerogative 
" (and Agreeable to the usage of this and the Neighbouring 
" Colonies) to Appoint any person Chief Justice of this Col- 
" ony tho' he be one of his Majesty's Council, those Offices 
"being no way imcompatible, and that his acting in both 
" those Capacities, Can no way endanger the peoples privi- 
" ledges or properties since in all Causes determined by him 
" in the Court below, he is by the Laws of the Land, and a 
" positive well known Instruction, debarrd as judging of as a 
" Councillor " 

"Resolved 

" That the Council being by his Majesty appointed part of 
" the Legislature of this province, have an undoubted right 
" to reject any Bill either upon the first, second or third read- 
" ing, whether the same began in their own House, or was 
" sent up to them from the House of Assembly ; And that the 
" House of Assembly taking upon them by their votes or 
" resolves to censure the Council for excercising that right, 
" is a publick attempt to alter the Constitution " 

" Resolved 

" That His Majesty has the sole and only power of creating 



376 NEW JERSEY COLONIA.L DOCUMENTS. [1744 

" Councillors in this province, what number he thinks proper 
" and when he thinks fit : And that by a delegated power the 
" Governour can only appoint when the number of Coun- 
"cillors residing in this province is under Seven, and can 
" appoint no more than will fill up that Number. 

" Resolved 

" That the House of Assembly taking on them to assert, 
" That ways have been thought of to influence a Majority of 
" the Council to reject the Bills proposed by the Assembly, is 
" a publick Affront to his Majesty's Council, a proceeding 
"altogether unprecedented, an Assertion unjust and untrue; 
" and in its consequences tending to disquiet the Minds of 
" the people of this Province, to break off the Correspondence 
" between the Two Houses and to run the Province into Con- 
" fusion and disorder " 

Ordered that M r Smith do carry the same to the House of 
Assembly 

Then the House continued 'till 



t Tuesday 4 th December 1744. 

Present 

John Reading \ p TS Rob 1 Hunter Morris 1 
Richard Smith j Edward Antill / 

James Hude Esq r 

The House proceeded to the further Consideration of the 
Votes and resolutions of the House of Assembly of the 22 d 
Nov r last, and conceiving their conduct to be highly reflected 
on by the Votes & resolutions of that day. 

Resolved. 

That Humble representation be made to his Excellency in 
Justification of the conduct of this House. 

Ordered that M r Morris and M r Antill be a Committee to 
prepare a Representation accordingly 

Then the House continued 'till 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 377 

Wednesday 5 th Dec r 1744 
Present as above 

A Message from the House of Assembly by M r Pearson 
and M r Crane desiring to be informed what progress this 
House has made in the Bill for the Support of the Govern- 
ment 

Then the House continued 'till the afternoon 

Wednesday P. M. 
Present as above 

A Message from the House of Assembly by M r Young & 
M r Vrieland in answer to a message from the Council on the 
30 th Nov r last was read and is as follows. 

Gentlemen. 

Upon considering the Resolutions of your Honourable 
House communicated by your message of the 30 th last month : 
which this House observes with concern, savours too much of 
Heat and Warmth, from whence we are naturally led the less 
to admire at those extraordinary random charges you have 
been pleased to resolve upon which are in their Nature preju- 
dicial to all Publick Concord. And were we allowed freely 
to speak our Sentiments, we should think them altogether 
unbecoming the dignity of your honourable Board. 

However palatable such proceedings may be to some of 
your House as they are proceedings of a very high Nature 
upon the representative body of this Colony, the Truth and 
foundation of them should have been well considered, other- 
wise they must prove but fruitless Essays to lessen the well 
grounded Esteem of our Loyalty ; which your honourable 
House is pleased to sum up in these Copious Words, Viz. 
u Which they conceive they ought to look upon as an Attack 
"upon the prerogative of the Crown" which you after- 
wards branch out into divers particulars with uncommon 



378 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



conclusions and Epithets, which if true would very sensibly 
affect us But as we are certain, that instead of having so 
necessary a foundation to support them they are only upheld 
by the Creatures of Fancy, and wholy owing to determined 
over much warmth : a small share of mature Consideration 
and reflection, must lay the fault at the Right Door ; and it 
is highly injurious to suppose, a Disguise so palpable, should 
escape the Notice of our Superiours. 

Your first resolve that " It is his Majestys undoubted right 
" & prerogative to appoint any person Chief Justice of this 
" Colony tho' he be one of his Majesty's Council " Is what 
" this House never attempted to deny " But that these 
" Offices are no ways incompatible, or that his acting in both 
" these Capacities can no ways endanger the peoples priviledges 
"or properties" Are things which to demand assent, will 
require More proof than a bare resolve of the present Major- 
ity of Your Honourable House. One of the Two Argum* 
which this House had before selected and given against it, 
which has its foundation in reason and the distinguishing 
Felicity of the established Constitution, and which has occurd 
in the Course of this present Session You have not by any 
Demonstrations of reason attempted to answer ; which there- 
fore remains as forcible as ever ; and as to the other, That 
" the Laws of the Land, and a possitive and well known 
instruction " debarrs the Judge from Judging as a Counsellor, 
of Causes that He had determined below, are things which 
this House are not able to learn was so well understood before, 
but they are nevertheless glad to hear the publick Declaration 
of your Honourable Board thus much in favour of the Laws 
and that there is such an Instruction so well known to you 
The Case mentioned however does not terminate here, but is 
Capable of being Considered in some additional Lights, that 
is too obvious to need a Description. 

Your Second Resolve " That the Council have an undoubted 
right to "reject any Bill, upon the first, second or third 
reading" is likewise what this House never attempted to 
deny : But that the Council should so repeatedly reject our 



1744] JOURNAL OF THE PROVINCIAL, COUNCIL. 379 

most valuable Bills, (one of which is become absolutely neces- 
sary in relation to Sheriffs, by disregard to the Statutes of 
England) and thus frustrate the Intention of the power dele- 
gated to them by Virtue of his Majesty's Great Seal of Great 
Britain " a power to Assent unto Laws for the publick Wel- 
fare and good Goverment " of this Colony whom we repre- 
sent, without ever giving us an opportunity to be heard in 
their favour, is what this House thinks a very great grievance 
to the Inhabitants of this Colony, and what this House by 
their resolves were complaining of; if therefore our honest 
endeavours, evidently independent of any private views must 
be so unreasonably Construed ? tis easy to form a Judgment 
whose Actions they are that in their own nature tend to 
destroy "That Harmony and good understanding which 
" ought always to subsist (and more especially at this Time) 
" between the Branches of the Legislature " As to the charge 
of a publick attempt to alter the Constitution, It can be of 
no weight in the present argument, but if it opperates at all 
must necessary [ly] retort upon those that have denyed their 
Assent to those necessary Bills that this House had proposed 
for the publick Welfare 

Your third resolve is likewise what this House never 
attempted to deny. His Majesty has without all doubt " The 
"sole and only power of Creating Councillors in this 
"province" But it does not follow from thence that his 
Majesty is the Cause of the grievance we complained of. No 
it is very far from that, for from his Majestys known Candour 
and Goodness we have the utmost reason to think that if 
proper representations had been made to him of the situation 
of Affairs here in that respect, we should long since have the 
much wanted redress 

By your fourth and last resolve, Your hofible House have 
assumed the Liberty of Calling that an Assertion in which 
this House only say " They conceive and conjecture " and 
then you are pleased to sully it with the Terms unjust and 
untrue with diverse bad Consequences attending of it 
Whereas if you had been pleased to let it stand in the words 



380 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



this House put it in ; it could not have fell under such heavy 
Censures: But notwithstanding your Transformation, it 
appears the Thing complained of is done and your house 
have not denyed it: Therefore (to use the words of his 
Excellency upon a late similar occasion " Influenced they 
" were but whether by Men, or what other motives " we did 
not say Upon the whole Gentlemen, The Resolutions this 
House came to were, not the Resolutions of Choice, but what 
absolute Necessity made unavoidable, and give us leave to 
add that Resolutions like those deliberately formed upon 
proper motives arising from a sedate carefull Enquiry, and 
which are the result of publick Beneficent Views are not 
easily turn'd aside by any indirect, disengenious Efforts. 

Integrity becomes this House, and plainess the character 
of honest Men, which is that we aspire after as we are not 
consious of having in the least deviated from, or forfeited this 
Character, much less been guilty of the several harsh Things 
you have been pleased to say of us. It is a matter of 
sufficient satisfaction to have thus far acted up to the Trust 
reposed in us and in pursuance of that, we shall as much as 
possible avoid Answering any more such groundless attacks 
made upon our Conduct. 

Then the House continued till tomorrow at 10 oClock A M. 



Thursday 6 th December 1744 
Present. As before 

Ordered that M r Hude do acquaint the House of Assem- 
bly that the Bill intitled an Act for the support of Govern- 
ment &c. was on the 29 Nov r last Committed to a Committee 
of the whole House and still remains under their Consideration 

The Committee appointed to draw up a representation to 
his Excellency reported the same which being read and 
approved of 

Ordered that a fair Draught thereof be made 

Then the House continued till 3 o'clock P. M. 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 381 

Present as before 

M r Hude reported that he had obeyed the Order of this 
House of this Morning, 
the House continued till 

Friday Dec 1 7 th 1744. 
Present. As before 

A Message from the House of Assembly by M r Hude and' 
M r Hancock acquainting this House that they have no 
Business before them and desiring to be informed if the 
Council have now or are like to have any thing to lay before 
that House. 

The Clerk having made a fair Copy of the representation 
it was read and Ordered to be entered on the Minutes of this 
House 

Ordered that the Speaker do sign the same 

Ordered that M r Morris and M r Antill do wait on his. 
Excellency to inform him that this House have agreed upon 
a representation to his Excellency and desire to know when 
and where he will be pleased to receive the same. 

The House continued till 

Saturday Morning 8 th Dec 1 1744 
Present as before 

M r Morris and M r Antill reported that they had waited on 
his Excellency (according to the order of yesterday) who was 
pleased to say he would be ready to receive the Council's 
representation immediately 

The House accordingly waited on his Excellency & pre- 
sented the representation which is as follows. 1 

1 Although this document may be found in N. J. Archives, Vol. VI., 219, it seems 
proper to reprint it in this connection. 



382 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



To His Excellency 
Lewis Morris, Esq ; 

Captain General, and Governor 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 in 
General Assembly met. 

Sir 

Having considered the Votes and Resolutions of the House 
of Assembly of the 22d of November last, which your Ex- 
cellency was pleased so early to communicate to us; we 
thought ourselves obliged, by the Duty of our Station, to 
enter into some Resolves, thereby to assert the Royal Pre- 
rogative, 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 questioned, 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 incumbent 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 complained of this Sessions ; and 
we doubt not His Majesty, and His Ministers, will very 
readily discover the Injustice and Unreasonableness of the 
Complaints and Aspersions contained in those extraordinary 
Votes, which were founded on the Council's having rejected 
some Bills sent up to them by the House of Assembly this 
Sessions, which they are pleased to say are essentially neces- 
sary 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 
transiently 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 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 383 

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 Sheriff's of this Colony to give 
Security, &c. This Bill, in the year 1738 (when the first 
Sessions of General Assembly was held under your Excel- 
lency's Administration) took its Rise in the Council, was 
drawn by one of their Members, and cost the Publick no 
Treasure, nor the Assembly any Pains ; nor did the Draw- 
ing of it occasion any Delay in the Business then before the 
Council, and was sent down to the House of Assembly for 
their Concurrence. The Assembly then did, and ever since 
have added a Clause, whereby no Sheriff was to continue in 
that office longer than three Years, and was not to be ad- 
mitted into that office again in less than three Years after 
his Removal. 1 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 well 
filled, must be of great Benefit and Security to the People. 
2. Because, if that must be the Situation of Sheriffs, no Man 
of Substance or Employment, by which he 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 Mem- 
bers of the present Assembly, when Members of former 
Assemblies, have more than once declared, as well at Con- 
ferences, 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 

1 In 1875 this provision was inserted in the Constitution of New Jersey. 



38 1 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



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 sufficiently answered and 
confuted ; and, what is more, have proposed 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 Rock 
on which that Bill, so full freighted with many Advantages 
and Benefits to the People, has so often split. 

The next Bill rejected by the Council, was, A' Bill for lay- 
ing a Duty on Indian, Negroe and Mollatto 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 Disadvantages 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 tfeing 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, discouraging 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 par- 
ticular, would be great Sufferers by it, and that for the follow- 
ing Reasons. 

1. It is well Known, that a great. Number of Labourers 
went out of this Province on the late Expedition to the West- 
Indies, and that very few of them have returned ; That many, 
for some Time past, have been going, and still 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 ta 
carry on their Business. 



1744] JOURNAL OP THE PROVINCIAL COUNCIL. 385 

2. It is also well Known, that since the Manufacture of 
Linnens 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 Dominions, 
and between almost all the Powers on the Continent of 
Europe, give us Reason to expect no Assistance 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 from the Island of Great- 
Britain. Wherefore 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 the 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 persw'ade the Coun- 
cil, 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 Province ; 
but as the Actions, not the Expressions, of Men, are the 
truest Touchstone, by which their Sincerity is to be dis- 
covered, so enacting Clauses, and not Preambles, 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 

25 



386 



NEW JERSEY COLONIAL DOCUMENTS. 



[1744 



not look upon that Preamble 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 Addition of a few Arms 
and Ammunition, when put into the Hands of unskillful 
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 
proposed, 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 tfoat 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, Liberties 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 Frugality? Can any Pretence of assisting His Majesty 
be urged as a reasonable Excuse for not supporting His 
Government, or for not applying the publick Money for the 
Preservation of His Colony, and of His Subjects here? 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 387 

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 Consequences; which will 
clearly appear from the following 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 com- 
pelled so to do, yet, by Experience, it is well Known, that 
such a Method of letting out Money by the Publick is a 
great Temptation to unthinking People, who, in order to 
extricate themselves out of some present Difficulties, have 
plunged themselves into much greater, out of which neither 
they, nor perhaps their Children, will be able to recover; 
these, and these chiefly, are the People who call 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 Circumstances, and therefore 
think it high time to put a stop to so growing an Evil. 

3. The fluctuating Nature of a Paper Currency lays the 
Merchant and Trader under very great disadvantages ; for 
after they have sold their goods at a moderate 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 Consequence of 



388 NEW JERSEY COLONIAL DOCUMENTS. [1744 

which, the Exchange between this and Great-Britain has risen 
to a very great Heighth, 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 
which we cannot well subsist) would be undone, the Merchant 
ruined, and the People in general brought into great Distress. 
Besides, should the Bill, now depending 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 Gen- 
tlemen 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 Pro- 
vince 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 Bill to re- 
peal Part of an Act made for the Preservation of Timber in 
the Eastern Division of this Colony, and passed the second of 
December, 1743, but was 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 Judg- 
ment could be 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 
County of Essex, the Council were of opinion, that as the 
greatest Body of Timber is to be found in the Counties ad- 
joining to the County of Essex, so it "would be no difficult 
Matter to carry the Timber from those Counties into the 
County of Essex, from whence it might be transported ; 
therefore, if that Bill had taken Place, it had, in Effect, 



1744] JOURNAL OF THE PROVINCIAL COUNCIL. 389 

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 Supream Court, that was amended by 
the Council, and made the same as the Law now stands (ex- 
cepting only in the Case of double Costs upon Writs 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 de- 
prived 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 upon 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 pres- 
ent in a Condition or Capacity of building such Fortifica- 
tions as would prevent an Enemy 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 de- 
nied the People the only Means in their Power of preserving 
themselves, their Wives, their Children, and their Fortunes, 
from becoming an easy Prey to the first Invader. 

That the Law for the better Regulation of the Militia of 
this Province at this Time is absolutely necessary, stands 
confessed by the Title and Preamble to their own Bill sent 
up this Sessions to the Council : Yet notwithstanding, who- 
ever will consider the Bill itself, and compare it with the 
Law now in being, must confess, that the latter, 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 



390 NEW JERSEY COLONIAL DOCUMENTS. [1744 

Bill effectual? Is not this the usual, the only Method, 
whereby all Bills are brought to Perfection ? Can that 
House any ways excuse themselves for not pursuing that 
Method in an Affair of that Importance, that concerns no 
less than the Lives, Liberties and Fortunes, of their Coun- 
trymen, nay, and their Religion 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 disagreed to the Alterations made by 
the Council to that Bill, and have even declined 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 conceive, 
unparliamentary, they have ordered the Amendments made 
by the Council to be printed, in order to expose whatever 
Defects may appear in these Amendments, and to have it 
once more in their Power to impose 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 com- 
mon 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 Militia be well disciplined, and under good Regula- 
tion, 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 



1744] JOURNAL, OF THE PROVINCIAL COUNCIL. 391 

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, who, by being able to march 
much faster than Foot Companies can, may oppose and dis- 
tress 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 Discipline 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 Excel- 
lency, that as we have throughout this Representation pre- 
served an honest Sincerity, and the strictest Truth ; of which, 
from your own Knowledge of Things, and of our past Con- 
duct, we persuade ourselves your Excellency will make no 
Doubt; so we conceive that we have just Reason to appre- 
hend, from the past and present Conduct of the House of 
Assembly, that this second Rejecting of the Bill for making 
current 40,000. 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 sup- 
ported 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 



392 NEW JERSEY COLONIAL DOCUMENTS. [1744 

in the two Treasurers Hands, of the Interest 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 Government, 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, will prostitute the Trust 
reposed in you and them by His Majesty. 

The Assembly indeed, by their Votes 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 Manner, with their putting His 
Colony in a proper Posture of Defence, and with their pre- 
serving 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 Constitution 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 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 393 

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 Prerogative for the Pre- 
servation of our happy Constitution, 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 Representation 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. 

The End. 



Proceedings of Council for the Province of New Jersey at 
a Sessions of the General Assembly of the said Province, 
begun and holden at Perth Amboy, Friday April the 5th 
Anno Dom. 1745. 

The Council met. 

Present The Hon bl John Hamilton 

James Alexander ,-, 

John Rodman { 

Rob' Hunter Morris J 

His Excellency came into Council and having Commanded 
the Attendance of the House of Assembly, 1 they presented 
Samuel Nevill Esq r as their Speaker ; 

'The fifteenth Assembly was thus constituted: Perth Amboy Samuel Nevill, 
Poutius Stelle; Middlesex John Heard, John Morris; Monmouth John Eaton, 
Robert Lawrence ; Essex John Crane, John Low ; Somerstt J. Van Middleswart, 
Hendrick Fisher; Bergen Lawrence Van Buskirk, David Demarest ; Burlington 
City Richard Smith, Daniel Smith; Burlington William Cook, Samuel Wright; 
Gloucester Joseph Cooper, Ebenezer Hopkins; Salem William Hancock, John 
Brick, Jr.; Cape May Aaron Learning, Jr., Jacob Spicer; Hunterdon William 



394 NEW JERSEY COLONIAL DOCUMENTS. [1745 

His Excellency was pleas'd to approve of their Choice, and 
made y e following Speech to both Houses. 

Gentlemen of the Council & Assembly 

When we last met at this place, I entertained hopes that 
the Issue of that meeting would prove of General benefit and 
Satisfaction to the Inhabitants of this Province; And that 
the Harmony and Agreement that seem'd then beginning to 
exist between the Branches of the Legislature wo'd be 
effectually promoted, and produce the good effects that 
naturally flow from such a concord. The Gentlemen of the 
then Assembly, in their Address to me, acknowledged, that 
what I had said to the Assembly before, that met at Bur- 
lington, to Show the necessity of putting this Colony into as 
good a posture of Defence as we could do, and Concerning 
the Defects of the present Militia Act, for that purpose was 
publick, and that what I had said should have its proper and 
due weight with every Member of their House. And they 
did Assure me, that their house would always chearfully da 
their Duty, and provide for the necessary Expenses that 
might be occasfoned by the legal calling together the Forces 
of this Province, or any part of them, for the repelling an 
Enemy, or quelling any Insurrection, or Rebellion or for the 
Assistance of our Neighbours, or upon any other necessary 
Occasion whatsoever. 

They solemnly said, and as I believed truly, that they met 
together at that time, with hearty and sincere Intentions ta 
do all in their power that was necessary for the publick good 
and happiness of the Inhabitants of this Colony, or conducive 
to it, and that with no more day [delay] than needful. 

These (Assurances) they hoped would make what they had 
to ask, admit of the most favourable construction : And fur- 
ther said, that Considering what they had said to me, They 

Mott, Daniel Doughty. N. J. Hist. Soc. Proc., May, 1850. Messrs. Stelle, Heard, 
Morris, Low, Fisher, Daniel Smith, Wright, Hopkins, Brick and Learning, ten in all, 
were new members. Morris died in the ensuing August, and Thomas Farmar, a 
former member, was elected to the vacancy. Most of the new members were 
opposed to the Governor. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 395 

therefore became Petitioners to me, to order them to Adjourn 
for a Month or five weeks, at which time they might make 
Provision for the Support of the Government &c And said 
that they would on their parts heartily and Sincerely en- 
deavour to promote that Harmony & good Agreement among 
the Branches of the Legislature so necessary for the publick 
good, and shew themselves not unworthy any Favor I wo'd 
please to indulge them with. 

Tho' what was then recommended to them was not only 
necessary to be done, and required the greatest Dispatch that 
the nature & Circumstances of things would admit of: Yet 
considering what they had said, as promises made and inte'nded 
by them, as Motives to induce me to grant what they requested, 
upon what I believ'd the sincerity of their Intentions of effec- 
tually going through with what I thought they had so readily 
entered upon & firmly resolved to take into their Consider- 
ation at tl^ir next meeting ; And that then they would, as 
they said, they might, Provide for the Support of the Gov- 
erment I was induced to adjourn their meeting to a farther 
Time. This I told them at the time of giving them leave to 
adjourn pursuant to their petition, and on these Conditions, 
proposed by themselves, they were adjourn'd and I doubted 
not that at their next meeting they would, as they had prom- 
ised, heartily and sincerely on their parts, endeavour to 
promote that Harmony & good agreement among the Branches 
of the Legislature, which they then owned to be necessary for 
the publick good, and would, as they had promised, have 
shewn themselves not unworthy of any favour granted them. 

I wish I could truly say, that any of these engagements 
had been effectually complied with ; How far they have been 
attempted, and what hearty & sincere endeavours have been 
used by the Petitioners on their part, to promote that harmony 
among the Branches of the Legislature so necessary for the 
publick good, will best, and with most certainty appear from 
the votes, and Resolutions of that House, entred into their 
Journals and made publick by their order. 

The necessity of putting this Province into as good a 



396 NEW JERSEY COLONIAL DOCUMENTS. [1745 

posture of defence as we could do, seems to me self evident ; 
And if we have any regard for the safety of the Inhabitants 
of it and their posterity, is what we are Obliged to do, The 
Defects of the present Militia Act, for that purpose is not 
unknown ; and that the security of this Province, and preser- 
vation of His Majesties Government over it, greatly depends 
upon the Militia being put into such methods as may make 
the same most useful for the Defence thereof, was own'd in 
the words above by the last Assembly put in the Preamble 
of the Militia Bill propos'd by them. 

If the present Militia Act had been sufficient for that 
purpose, there was no necessity for making a New one ; And 
therefore an Endeavour to make one is a Concession, at least 
of that part of the Legislature of the necessity of doing it. 

The same necessity still remains, and will remain until it 
be done; And therefore, since it has been Confess'd in so 
solemn a manner, as the Inserting it in the Preamble of a 
Bill, that the Security of this Province and Preservation of 
his Majestys Government over it does greatly depend upon 
the doing of it, I hope you will heartily set about it, And if 
the Members o*f this Honourable Board, and your House, 
will both heartily and sincerely Endeavour to promote that 
Harmony between you that is necessary for the publick good 
to be cultivated and by all means improv'd, I shall not dis- 
pair of seeing the good effects of it, for the Benefit of Your 
Country. 

The Bill for making Forty thousand pounds current in 
Bills of Credit, however necessary or convenient that Assem- 
bly conceiv'd to be, Yet I think was not very prudent for 
them to Attempt, before they had known the success of a 
Bill intended to be brought into Parliament, with relation to 
the Currency of Paper Bills of Credit in the plantations, a 
copy of which, as appears, by their Votes, had been com- 
municated to them ; Nor was the Opinion that House was 
pleas'd to give concerning that Bill Viz, That if the said 
Bill, or any Bill of that Tendency, should pass into a Law, it 
would not only be an Encroachment upon the fundamental 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 397 

constitution of this Colony, and the Concessions made to the 
First Settlers thereof by His Majestys Royal Ancestors, but 
also Destructive of the Liberties and properties of his Majestys 
Subjects now Inhabitants of the same; 1 So prudent as might 
have been expected from the Sagacity of the Representatives 
of a Province. 

I believe I have much longer known the fundamental 
Constitution of this Province, and the Concessions made to 
the first Letters 2 of it, either by the Crown or the Proprietors 
than the greatest part of that House, and do not remember 
that I ever heard of, or Saw anything amongst them, that 
related directly or indirectly to a paper Currency, But if any 
such thing had been granted in the most express Terms, a 
British Parliament can abolish any Constitution in the Plan- 
tations that they deem inconvenient or disadvantagious to the 
Trade of the Nation, or otherwise, without being said to 
encroach, all Encroachments being in their own nature, Sup- 
pos'd to be illegal, which could not be said of an Act of a 
British Parliament with any Decency, by any persons that 
understood what they said. 

As I thought it imprudent to propose such a bill at that 
Time, so I was concern'd to see the difference that arose 
between the Council and that House on that Head and others, 
and the great length it was carried to, And that Instead of 
using any Endeavours to promote that Harmony and agree- 
ment allowed to be so necessary for the publick good, every 
proposal that had a Tendency to promote it, or most likely to 
effect it, seem'd [to] be studiously avoided, and Discord and 
Dissatisfaction prov'd, as it was most likely it would, the 
Consequence of such a Conduct 

If men would give themselves leave to be govern'd by 
that portion of Reason that falls to the share of every one ; 
not an Ideot, and not suffer themselves to be hurried away by 
the Impetuosity of their blind passions, they could scarcely 

1 The Speaker of the New York Assembly expressed to that body substantially the 
same opinion of the proposed bill. N. Y. Col. Docs., VI., 61,3. So had the Pennsyl- 
vania Assembly. Penn. Col. Records, IV., 15%. 

2 Settlers? 



398 NEW JERSEY COLONIAL DOCUMENTS. [1745 

avoid seeing, that in such a Legislature as ours is, consisting 
of parts, that each part has an undoubted right to dissent to 
anything propos'd by the other, if it appears unreasonable to 
the part or person to whom it is propos'd, however necessary 
or convenient the proposer may conceive it to be, and that 
without being censur'd for doing so, or compell'd to assent to 
any Method but that of Reason and Argument ; If that fails, 
the proposal ought to be deferr'd to some more favourable 
opportunity, when what the Proposer calls Reason and Argu- 
ment, may possibly have a greater Influence. To use any 
other means of Compulsion, is not acting the part of reason- 
able men, but of something else ; and I believe none that 
endeavour it would themselves like the being compell'd by 
any other way than that of Reason, however well they may 
be pleas'd with prevailing over others by a different Method : 
But when men grow angry, reason is laid aside and passions 
assumes the Rule, which forces those under its Government 
into Actions that when they come to themselves, they ought 
rather to be ashamed of, than persist in, especially when the 
Public becomes a Sufferer by their Warmth. 

The Council might refuse or Assent to Bills proposs'd by 
the Assembly, for reasons they judged Sufficient to justifye 
their Conduct ; as the Assembly might to those propos'd by 
the Council, for Reasons in their Opinion very cogent ; And 
when the Reasons on both sides become publick, every one 
that Sees them will be able to form some Judgment which 
of them are right. But what Relation the Council's refusing 
to assent to a Bill has to the support of the Government, or 
why the Councils not assenting to a Bill, should be a reason 
for not Supporting y e Governm* even if that Support was to 
be raised upon the people, I confess I do not see ; But as you 
all know the Government here is not Supported by a Tax 
upon the people, but paid by the poor and necessitous part of 
them out of an Interest arising on Bills of Credit lent, which 
the Crown consented to give them leave to make at the earnest 
Request of the Inhabitants, to enable them the better to Sup- 
port the Government, and it is made Solely for and appro- 



1745] JOURNAL, OF THE PROVINCIAL, COUNCIL. 399 

priated to that use; So that all the Assembly, or Council 
Either, has to do with it, is to agree upon the Quantum 
yearly to be apply d to that purpose ; But not applying any of 
it to that purpose, or so small a quantity, as was well known 
would never be agreed to, which is the same thing as making 
no Provision at all ; is not Answering the Intent of the law, 
nor of the Crown, who had never permitted it to be made but 
on the Assurance that y e Government should be certainly 
supported. I add to this, the Petitions from the President 
and Council, the Speaker and some Members of Assembly, 
and the Grand Jury, to his Majesty for a separate Governor 
from that of New York ; in which after saying that they 
humbly conceived the great value of the Government of New 
York, beyond that of New Jersey, induced the Governor of 
both to preferr that to this for his almost constant Residence, 
they tell his Majesty (to induce him to grant their Petition) 
That the Inhabitants of this Province are equally willing and 
Able to support a distinct Governor, with divers of the 
Neighbouring Colonies who enjoy that Benefit under his 
Majesty: This was a renewal of the Assurances to Support 
his Government; And the Peticons being granted, his Majesty 
has much reason to expect a punctual Compliance with those 
Assurances then given to induce him to do it. This has never 
been done so fully as necessary, there being no Incidents 
allowed as formerly (which has made it expensive to me) an 
Account of some of which shall be laid before you) nor no 
provision for the meeting of the Council at any time, but at 
the meeting of the Legislature, tho' their meeting is absolutely 
necessary on many Occasions, and will be most particularly 
so in Time of War. 

This necessary Provision for incidents tho' formerly con- 
stantly made has since your having a separate Governor, been 
as constantly omitted notwithstanding the Assurances given 
in those Petitions to his Majesty ; and to repeat the matter, 
tho' there be in the Treasury at this Time Money enough, or 
rather paper enough, to Support the Government for three 
years to come, and more daily coming in, rais'd for and ap- 



400 NEW JERSEY COLONIAL DOCUMENTS. [1745 

propriated to y e Support of it, the Government is now intirely 
left without any support. 

This shews at once both the Ability of the Inhabitants, and 
how willing their Representatives have been to make good their 
Engagement, and may be one of the Methods chosen by the 
last House of Representatives, to shew themselves not un- 
worthy of what they then esteem'd a favour granted them ; 
But whether the not Supporting the Government in a due & 
handsome Manner with the Money they had leave to make 
for that very purpose be a suitable return for that favour, or 
the most likely Method to induce his Majesty to grant them 
favours of that or any other kind, those of them, who can 
give themselves leave to think calmly may, without much 
difficulty, determine. 

Why the Government is not Supported, appears very 
plainly from the Preamble which Ushers in the Report of 
the Committee, appointed to consider the State of the Publick 
aifairs, and the Resolutions of the House upon it, to lessen 
the usual Support; and consists chiefly of two parts, tho' 
very confusedly blended together, Viz one that relates more 
particularly to* myself, the other that relates to the Gentlemen 
of the Council joyntly with me ; And are offered and pub- 
lished in their Votes, as Reasons to justify their Conduct to 
the Populace in that particular, as well as to secure their own 
Re-election in case of a Dissolution, which their Conduct 
gave them reason to expect. 

As to what relates to myself, they say, that a great deal of 
Time has been spent and much pains taken, at a very large 
Expence, by most of the Assemblies of this Colony, as also 
by the present Assembly, to form and Adjust Bills which 
they conceivd essentially necessary to the well being of the 
Inhabitants, which in the nature of them could not, with any 
reason, be Construed to interfere with his Majestys Preroga- 
tive, many of them being but temporary Bills others with 
Clauses Suspending their Effects till his Majesty's pleasure 
should be known ; and all of them as near as the Nature of 
them would admit agreeable to the Laws of England ; after 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 401 

all which Caution, pains and expence, they found many of 
them heretofore so formed have been rejected by his Excel- 
lency, after their having passed both Council and Assembly, 
of which we find the late Assembly in their Address to his 
Excellency grievously complaining, and therein Proposed to 
his Excellency the passing their Bills previous to the granting 
the support of the Government ; This is what directly relates 
to yourself; What follows, more directly relates to the Coun- 
cil, but has also, as I take it, some relation to me, and is as 
follows, Viz Since which (as the Committee conceive) ways 
have been thought of, to influence the Majority of the Council 
to reject the Bills proposed by the Assembly ; and they think 
their Conjecture not groundless, because it appears what 
number of them have been rejected on the Second Reading, 
and one of them that made provision for purchasing One 
Thousand Muskets & 

These are the main of their Reasons for not Supporting 
the Government, to which there are two added to make them 
appear Numerous, Viz, 1 st That there is but Six or seven 
Councellors residing in the Province, and Seldom more than 
five or Six of these Seven give their Attendance at a Session 
2 ndly That the Governor's son is Chief Justice and one of the 
Council, which seems to them to be inconsistent, and may, in 
some cases, be prejudicial 

I find the Gentlemen were displeased because I refused my 
Assent to some of the Bills passed by Council and Assembly ; 
or, to use their own words, I rejected many of their Bills 
formed with Caution, Pains and Expense after they had passed 
both Council and Assembly ; and for that reason, with the 
others above mentioned, did not Support the Government, 
That they were less able than formerly to do it, doth, by the 
Money now in the Treasury for that purpose, evidently 
appear not to be true ; and their pretence of saving money 
to serve his Majesty on any Emergency, Shews how hard they 
were put to it, to find a Colour for the Neglect of their Duty. 

Had the Gentlemen thought fit to mention the many Bills 

26 



402 NEW JERSEY COLONIAL DOCUMENTS. [1745 

they say, I had rejected, with the Reasons I gave at the Time 
for doing it, and shewn the weakness of them (tho' my Con- 
duct in those Cases has been approv'd of by both my Super- 
iors and theirs) did I think myself accountable to them or to 
you for refusing my Assent to any Bills propos'd by the 
Assembly, I should have been able to have spoken more 
fully to it; but before I say any thing more on this head, I 
desire you to take notice and fix it well in your Memory, that 
his Majesty, by his Letters Patent under the great seal, has 
appointed me Governor of this Province, that it is by virtue 
of these Letters Pattent, we meet to make Laws ; That Bills 
pass d by either the Council, and sent to the Assembly for 
their Concurrence ; or by the Assembly and sent to the Council 
for their's, may be rejected by either Council or Assembly, 
without giving any Reasons for their doing so ; or each may 
make such Alterations to them as either of them think proper ; 
and however necessary or convenient one part of the Legis- 
lature might conceive such Bill to be, the other part might 
Conceive it to be neither necessary nor Convenient, but 
pernicious and of dangerous Consequence. These parts of 
the Legislature are Checks upon each other, with intent to 
prevent the passing of any Bill that may be prejudical to the 
people or Destructive of his Majestys Authority and Govern- 
ment 

That by virtue of these Letters Patent the Governor has a 
Negative Voice, and no Bill passed by Council and Assem- 
bly can Obtain the Force of a Law without his Assent, which 
he may refuse to give if he thinks fit, and for doing so, he 
is not Accountable to Council nor Assembly, nor Oblig'd to 
give either of them any Reasons why he refuses his Assent. 

This is known to all, has been the constant practice since 
this Government came into the hands of the Crown, and is 
so in all the Kings Governments agreeable to the Practice in 
England ; This being well fixt in your Memory, the Reasons 
for denying the support of the Government amounts to this, 
that while the Government subsist in its present form, the 
Governor by refusing his Assent to Bills passed by Council, 






1745] JOURNAL OF THE PROVINCIAL COUNCIL. 403 

has done what he had a right to do, and what it may be Sup- 
posed he thought it his Duty to do ; and the Council in reject- 
ing their Bills, have done what they had a right to do, and what 
the Assembly in their Answer to the Resolves of the Council 
Own they have a Right to do; But notwithstanding that, 
they do not think fit to Support a Government, Where the 
Governor & Council have such Rights, and assign their Acting 
pursuant to such rights (as it is agreed on all hands they 
have) as Reasons for their not supporting the Government ; 
and by their printed votes, make an Appeal to the Populace 
to determine in the Case at least, if not to abet them in 
doing what they have done. 

The Kings of England have from time immemorial, re- 
fused their Assent to many Bills passed [by] both Lords and 
Commons, without Assigning any Reason for their doing so, 
and so have the Lords to Bills pass'd by the Commons, tho' 
perhaps not so often ; And if it be lawful to compare small 
things with great, Should the House of Commons deny to Sup- 
port the Government, and assign these refusals as a Reason 
for their Denyal as is done here, and Appeal to the populace 
upon it, or in an Address, propose to the King to pass their 
Bills previous to their granting the Support of Government, 
could it bear a milder construction than an Attempt to alter 
the Constitution ? and is it less so here ? 

I believ'd with some Reason, that the House was a^ham'd 
of that rediculous proposal of passing their Bills previous to 
their granting the Support of Government, and was willing 
for their sakes to forget it, and let it drop into that Oblivion 
it deserv'd ; but since the late House had thought fit to men- 
tion it on the particular occasion they have done, I shall say 
a few words to it, And First, It is well known to all, and to 
themselves in particular, that the money in the Treasury is 
appointed for the support of Government and appropriated 
to that purpose, and all that they have to do in it, is to agree 
w th the Council and myself [as] to what Quantity of it should 
be applied. to that use, and the Council could with equal pro- 
priety have made the same proposal to pass their Bills, that 



404 NEW JEESEY COLONIAL DOCUMENTS. [1745 

is, the Bills of the Proposers previous to their granting the 
Support ; I thought that what I had said when y e proposal 
was made, and the Bills I then passed, left no room for a 
Second mention of it, but since they have done it on the 
Occasion they did, and thereby seem to insinuate to the Popu- 
lace, that my passing their Bills, is a Condition on my part 
to be Complied with before they will agree to the support of 
the Government, I take leave to say, that w' they call a Pro- 
posal I esteem a most unmannerly Threat that they would not 
Support the Government at all unless I pass'd all their bills 
before they did it and then would Support it as they thought 
fit, To which I say, that I will assent to none of the Bills 
pass'd by the Assembly, unless first assented to by the Council 
and I approve of them ; But not even then, if I think such 
Bill not very necessary, unless Sufficient provision be made 
for the support of the Government previous to the passing 
any Bill by me. And this, Gentlemen, I desire you to take 
notice of, and Govern yourselves in this case as you shall 
think proper 

I do not remember to have said anything to any of the 
Council concerning any Bill before them, either during the 
sitting of the last Assembly, or at any other Time, They sit 
and Act by themselves without any [my] being amongst them, 
or endeavouring to influence them any way, as they have 
always done since I came to the Government, which they all 
of them can, and I suppose [will] very readily declare. That 
they have been influenced to reject several of the Bills sent 
up by that Assembly, and even their favourite one of making 
current Forty Thousand pounds in Bills of Credit, their 
rejecting of them shews ; And their Representation to me to 
be laid before his Majesty, shews also what influenc'd them to 
do as they did ; I too, have not been without my thoughts 
how to influence the late Assembly to consent to a handsome 
Settlement for the support of the Government ; but I Confess, 
and the late Proceedings shews, it was to as little purpose as 
if I had no thought at all. 

That the Number of residing Councillors for some time 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 405 

has not been more than Seven, has not been unknown to the 
Ministry, and his Maj fcy may compleat the full Number of 
twelve, when he judges it proper to do it but I cannot: If 
five or six out of Seven have attended it is as many as could 
well be Expected and perhaps if compleated, there may not 
be many more even at a Session of Assembly. 

A Chief Justice being of the Council has been and is a 
very common thing, both in this and the Neighbouring Pro- 
vinces ; Nor are these Offices incompatible, as the Gentlemen 
of the Council have clearly enough shewn. The late Assem- 
bly in their Message in answer to the Resolves of that Board, 
allow that a Chief Justice may be of the Council ; but say, 
the Resolves of that Board is not of sufficient Authority to 
shew that the Offices are not incompatible; and referr to 
what they had said before on his having a Negative on the 
Bill to prevent any Action under Fifteen pounds being 
brought into the Supreme Court, as an Argument founded 
in Nature, How his voting in that Bill (if he did vote) affects 
any Judgment given in a Court below by himself I do not 
see ; nor do I well understand what is meant in this place, 
by a Negative on a Bill. By the Councils Representation it 
appears, that the Council amended the Bill to make it the 
same as the Law then stood (excepting only in the Case of 
double costs upon Writs of Error) and it was droped with 
the Assembly who were against conferring with the Council 
upon it. If so, it was themselves that had, and gave the 
Negative to their own Bill, and Chose to be without it rather 
than agree to the Council's Amendments, or conferr with them 
about it : But if I am rightly inform'd they choose to forget 
that the Assembly, who passed that Act were so Sensible that 
an Act of that kind would very much impair the perquisites 
of that Office, and tended to render that Court, which is the 
great Guardian of the Liberties and properties of the People, 
and the just Prerogative of the Crown contemptible : That 
they increased the Sallary of that Office, tho' soon after the 
Act was obtained they took away the Sallary Added, and 
more ; so that had the Chief Justice negativ'd the Act (as it 



406 NEW JERSEY COLONIAL, DOCUMENTS. [1745 

doth not appear that he did) it was no more than what .was 
reasonably expected from him ; or indeed from any man 
whether Councillor or Assembly man, that has a true regard 
for himself and his Country, whose Interest it is, to raise that 
Court as much above contempt and render the Judges of it 
as independent (consistent w th the Laws) as they may : But 
this Negative, or Voting or whatever else y u will please to 
call it, doth not shew any incompatibility or inconsistency 
between the Office of a Judge and that of a Councellor, or 
person impowered to vote in the making of Laws, nor never 
was understood so : For, not to Multiply Instances, such of 
the Judges as are Peers, Vote in the House of Lords ; the 
Master of the Rolls in the House of Commons ; I myself 
have been a Judge many years and in the Assembly there ; l 
M r Bonnel has voted in Assembly here ; and the Judges, that 
have been Councellors have all voted in Council both here 
and in New York from the first Settlement of the Country. 
And would it not Seem Strange that this incompatibility or 
inconsistency should never be discovered either in England 
or in America, till hit upon by our late Sagacious Assembly, 
tho' founded in 'Nature? Our Late Assembly in their Mes- 
sage in Answer, Say, That the Laws " of the Land, and a 
" well known Instruction, debars the Judge from judging as 
" a Councellor of Courses 2 that he had determined below, are 
" things which that House was not able to learn, was so well 
" understood before. They might possibly be ignorant of an 
Instruction, tho' known to most other people ; but is it very 
probable they could be so much Strangers to the Laws of 
their own Country as not to know, that by an Act of the 1 2 th 
and 13 th of Q. Anne for preventing Corruption in the Courts 
of Justice ; which not only extends all the Laws of England, 
wherein provision is made against the taking of Bribes &c 
or any Male- Administrations of Judges &c but enacts that 
any judge determining a cause in an Inferior Court, is not to 
set in Judgment on the same Cause in the Superior Court, 
under the penalty of Forty pound. 

1 In New York. 2 Causes. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 407 

If the Chief Justices being a Councellor was inconsistent 
with the Office of Chief Justice (as it seems plain from the 
Constant practice ever since this Province had a being that it 
was not, nor ever thought to be so) it might not have been 
improper to have Address'd for the Removal of him from 
one of them ; but could be no Reason to deny the support of 
the Government, by which many persons will be Sufferers 
no way concernd in making or unmaking the Chief Justice 
or refusing an Assent to Bills whether passed by Council or 
Assembly or both. As I am and shall be the greatest Sufferer 
in this case, so I cannot accuse myself of having done any- 
thing that deserv'd so harsh a Treatment Nor do I believe 
the late Assembly could or you can ; and if it was done with 
an intent to compel me to pass such Bills as should be passed 
by Council and Assembly, whether I approved of them or 
not, and to let me and the Government in England see, that 
unless their Governors do assent to such Bills they will not sup- 
port that Government. I leave you to Judge with the Coolness 
requisite on such an Occasion, how unlikely it is that such a 
Method of Compultion should obtain the End intended by 
it, or prevail upon his Majesty to alter the Form and Con- 
stitution of his Government and take from his Governor that 
Negative voice he is pleased to intrust him with, and what 
effects is most likely to be the Consequence of such an im- 
prudent Attempt if persisted in. 

The publick Good is what we all ought sincerely to en- 
deavour, and to do everything in our power conducive to it 
and should we differ concerning the Means of promoting it, 
A mutual Condescension and Calm debate, are the most likely 
Methods to prove successful in procuring that Benefit to us, 
which Angry and too warm Contentions will most Certainly 
prevent, and render every endeavour to obtain it ineffectual. 

The putting the Province into as good a posture of Defence 
as we can do, is necessary ; And the Support of the Govern- 
ment is a Duty which should be effectually perform'd ; and I 
hope all Concern'd will think so, and agree in the best man- 
ner of doing it. 



408 NEW JERSEY COLONIAL DOCUMENTS. [1745 

I have some time Since receiv'd from his Excellency Gover- 
nor Shirly the scheme of [an] Expedition against our Enemies, 
which I shall lay before you, and if it proves successfull, will 
be attended with very Advantageous Consequences to all the 
Northern Plantations. I therefore hope that you will give 
all the Encouragements to it in your power with as little loss 
of Time as may be 

LEWIS MORRIS 

His Excellency left the Council Chamber and the House 
Continued till 

Wednesday the 10 th day of April 1745 

Present f John Hamilton I Richard Smith "I 

\ John Radman 1 / Rob' Hunter Morris j 

M r Hamilton laid before the House a Letter from John 
Reading Esquire, desiring leave to be absent the forepart of 
this Sessions, on account of urgent business, and Acquainting 
them, that on Notice given him, he wo'd give his Attendance 
if health permitted. 

The House Continued till Saturday the 13 th of April 1745 



-p , i 'MJiiii -i-iaiiiiiiuii i j.iiuiiaiu 01 1111 ii I TT r 



f John Hamilton 1 Richard Smith 

I John Radman j Rob* Hunter Morris 



The House Continued till Tuesday the 23 d April 1745 
Present as before. 

M r Smith acquainted the House that on the 18 th of April 
Instant M r Crane and M r Spicer from the House of Assembly 
had deliver'd to him a Bill entituled an Act for better Set- 
tling and Regulating the Militia of this Colony of New Jersey 
for the Repelling Invasions and Suppressing Insurrections 
and Rebellions with an Order from that House to the said 
two Members to carry the said Bill to the Council for their 

1 Rodman. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 409 

Concurrence which Bill and Order he had receiv'd from them 
(this House not being Sitting at the time) and delivered the 
same in at the Table. 

There not being a sufficient Number of Councellors attend- 
ing to proceed on Business. Ordered, that the Clerk do write 
pressing Letters to the Members of this Board, who have not 
attended, to inform them, that their immediate attendance is 
necessary. 

The House Continued Till Wednesday the 1 st day of May 
1745 

!John Hamilton Rob 1 H. Morris^ 
John Radman vEsq 

Richard Smith Edward Antill J 

M r Hamilton acquainted the House that M r Crane & M r 
Spicer on the 30 tu of April last had deliver'd to him a Mes- 
sage from the House of Assembly which Message he had 
receiv'd (this House not being Sitting at the time) and he 
delivered the same in at the Table and it is as follows. April 
the 30 th Ordered that M r Crane and M r Spicer do wait on the 
Council and acquaint them that this House desires to be 
inform'd what progress that House had made in the Bill for 
better settling & regulating the Militia sent to them for Con- 
currence on the 18 th instant Tho" Bartow Clk 

M r Cooper and M r Low from the House of Assembly 
brought up a Bill Entituled an Act for the Support of the 
Government, which was read the first time and Ordered a 
second Reading 

The Bill Entituled an Act for better settling & regulating 
the Militia of this Colony & e was read the first time & 
Order'd a second Reading. 

The House Continued till Thursday the 2 d day of May 
1745 

{John Hamilton Rob' H. Morris ^ 
John Radman VE-q rs 

Richard Smith Edward Antill J 



410 NEW JERSEY COLONIAL DOCUMENTS. [1745 

The Bill Entituled An Act for better settling & regulating 
the Militia & c was read a Second time & Committed to the 
Gentlemen of the Council or any three of them 

The House Continued till 3 of the Clock afternoon 

Present as above 

His Excellency came into Council & Commanded the 
Secretary to acquaint the House of Assembly that he was 
ready to receive their Address. 1 

Samuel Nevil Esq r their Speaker Declared, That as a Ser- 
vant of the Representative Body of New Jersey he was 
Ordered and had signed an Address to his Excellency, And 
beg'd leave to inform him & the Council that he dissented 
from it, but as the Mouth of the General Assembly he 
thought himself oblig'd to deliver, and Delivered it accord- 
ingly ; And it is as follows. 

To His Excellency Lewis Morris Esq r Captain General & 
Governor in Chief, in and over His Majestys Province of 
New Jersey, and Territories thereon Depending in America, 
and Vice Admiml in the same & c 

May it please your Excellency 

We His Majestys dutiful and Loyal Subjects, the Repre- 
sentatives of the Colony of New Jersey, beg leave to Address 
your Excellency with that Freedom and Sincerity the Nature 
of this Occasion we have of doing it requires. As this is the 
first time of our Meeting since our being elected to represent 
the people of this Colony in this Assembly, we thought our- 
selves entitled to your Excellencys favourable Opinion, and 
that you would have spoke to us as to the New Assembly r 
who are not accountable for the proceedings of the former. 

And as we met sincerely disposed to avoid every thing that 
had the least Tendency to nourish or Continue those unhappy 

1 This address was adopted April 18th. The Governor heard of it and sent for it, 
that he might read it before it was presented to him. The House refused to part 
with the original until it had been printed in their minutes, which was not until 
May 2d. Minutes, passim. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 411 

CoDtroversies that not long since Subsisted Between the 
Branches of the Legislature ; so we entertained Hopes that 
the Issue of this Meeting would prove Beneficial to the 
Inhabitants of this Colony. 

It would have given us the greatest Pleasure to have found 
your Excellency had, in Conformity to a like Pacifick Dis- 
position, avoided repeating those fruitless Disputes and Con- 
troversies which Subsisted between the other two Branches of 
the Legislature. 

We humbly conceive (tho ? we don't take upon us to direct) 
that if what your Excellency hath said on those heads, had 
been necessary, it would have Been more proper to have said 
it to them, concerned in transacting those Affairs, and given 
them an Opportunity of Answering for themselves which we 
are informed they would readily have done. 

And as we cannot think ourselves accountable for the 
Transactions of former Assemblies, further than their pro- 
ceedings are necessary to be vindicated for the Good of the 
Colony, neither can we believe that Our King intended, or 
that our Country ever expected that we should be called 
together, to enter into unnecessary Disputes with any other 
Branch of the Legislature. 

We are Sensible that putting this Colony into as good a 
posture of Defence as our Circumstances will admit of, is 
necessary, and have already pass'd a Bill for that purpose. 
This we apprehend, is one of the Bills your Excellency thinks 
very necessary. 

The Bill for making Forty Thousand pounds current in 
Bills of Credit, w^as passed by the last Assembly, with a 
Clause suspending the effect thereof until his Majesty's 
Pleasure should be known concerning it, and was therefore 
but in the Nature of a Petition to the King and could not 
anyways be affected by the Bill brought into Parliament, nor 
any other Bill farther than his Majesty thought fit. And as 
this Colony had receiv'd repeated Favours of a like Kind 
from his Majesty, their Representatives had therefore no 
reason to doubt, but that had their Bill met with no greater 



412 NEW JERSEY COLONIAL, DOCUMENTS. [1745 

Obstruction from the other Branches of the Legislature here, 
than it would have met with from his Majesty and his Minis- 
ters at Home, it might have surmounted them all. 

What your Excellency is pleased to observe relating to the 
Imprudence of the last Assembly, in the Opinion they gave 
concerning the Bill intended, to be brought into Parliament, 
was in relation to the Clause in that Bill, a Copy of which 
we find in the hands of our Clerk, and is as follows : " And 
" whereas some of his Majesty's said Colonies or Plantations, 
" particularly those under Proprietors and Charters, have not 
" paid a due regard and Obedience to his Majesty's Royal 
" Orders and Instructions, from time to time issued for the 
" better Government thereof, but have assumed to themselves, 
"an Exemption from, and power of dispensing with or not 
" obeying the same, under pretence of such Charters, or of 
" his Majesty's Royal Grant to such Proprietors respectively. 
" Wherefore for the better enforcing the due Execution of the 
" Royal Orders and Instructions throughout all the British 
" Colonies and Plantations in America, Be it enacted by the 
" Authority aforesaid, That all Governors Councills and 
" Assemblies, afld every of them, and all Lieutenant Gover- 
" nors and other person or persons presiding as Governor 
" within any of the said Colonies or Plantations, as well as 
" those under Charters and Proprietors as under his Majesty's 
" immediate Commission and Government do, and they and 
"every of them are hereby enjoyned and required to pay 
" strict Obedience to such Orders or Instructions as Shall from 
"time to time be transmitted to them or any of them, by his 
" Majesty or his Successors, or by or under his or their 
" Authority, And that all and every Acts, Orders, Votes or 
" Resolutions, which shall or may hereafter be passed or made 
" within any of the said Colonies or Plantations, contrary to 
" such Orders or Instructions, shall be, and are hereby de- 
" clared to be 1 any Law, 

1 This blank is referred to. though, perhaps, not satisfactorily, hereafter. See pages 
426, 430-432. 



1745] JOURNAL, OF THE PROVINCIAL, COUNCIL. 413 

" Custom, or Usage to the contrary in anywise not[with] 
" standing." 

We are inform'd by the Members that were then on that 
Assembly, that it was this part of that Bill they gave that 
opinion upon, and not that relating to a paper Money. 

It is with Concern that we find the proceedings of Former 
Assemblies so often repeated by your Excellency ; And altho' 
we decline to account for every particular of what they trans- 
acted, yet we cannot help remarking, the pains your Excel- 
lency hath taken to undervalue and explode some oil their 
proceedings. 

We confess that Former Assemblies, as well as the present, 
have been chiefly composed of Farmers and Plowmen, from 
whom could hardly be expected such Courtly Addresses or 
explicit Reasons, as men of a more Polite Education and 
perhaps less sincerity, might be capable of performing. But 
as Plainess and Truth are Companions, we are well content 
in their Company. Their Proceedings will be the best under- 
stood from their Journals, and we are Willing to Judge of 
their Conduct from thence, where we cannot be informed 
that any of the Assemblies of New Jersey were such Ideots 
that could not see, " that our Legislature consisted of parts 
" that each part has an undoubted Right to dissent to any- 
" thing proposed by the other, if it appears unreasonable to 
" the part or person to whom it is proposed however necessary 
" or Convenient the proposer may conceive it to be, and that 
" without being censur'd for doing so, or Compelled to assent 
" by any Method but that of Reason and Argument." This 
is a part of our Constitution well known and approv'd of by 
us, And this method appears to have been pursued by former 
Assemblies. 

We cannot yet be convinc'd but that an Assembly may 
complain for want of good and Beneficial Laws, when they 
know that his Majesty hath been graciously pleased to delegate 
a Power to the Governor and Council for the passing of such 
after they have Supported the Government in a very liberal 
Manner for six years Successively, and done every Thing as 



414 NEW JERSEY COLONIAL DOCUMENTS. [1745 

they conceivd necessary on their parts to entitle themselves 
to those favours without justly incurring the heavy Censure 
of an Attempt to Alter the Constitution. 

The Assemblies and People of New Jersey, have ever been 
well disposed and Zealous Defenders of the present Establish- 
ment ; and we Flatter ourselves that nothing can be more 
Conspicuous than this, from every Act and part of their 
Conduct. On this Occasion permit us to declare ourselves 
well pleased and fully Satisfied with our Constitution in all 
its parts. We acknowledge King George, our most Gracious 
Sovereign on the Throne The Father of his People, to whom 
we owe and are determined to pay all Duty and Loyalty. 
We have liberty by our Constitution to Act freely & speak 
freely, while we do it with Decency and good manners, These 
bounds we cannot be Convinced that the former Assembly 
have transgressed, neither will we knowingly. This valuable 
Priviledge we Esteem so essentially necessary to a free Gov- 
ernment, that the security of property and Freedom of Speech 
always go together. 

We are of a Nation famed for its Liberty : With Liberty, 
Knowledge wilf encrease, and altho' but a small Portion of 
it may fall to our share, with that we are as happy as we are 
Content, and by it we are taught that we are as fit to use our 
own understandings in the Conducting our Humane Affairs 
as they are whose reasonings we cannot be Convinced is better 
than our own. The acting by our own Judgment is such a 
valuable part of our Liberty contain'd in our Constitution, 
we have just now transcribed from yo r Excellency's Speech, 
that we hope it will always be promoted and protected by You. 

Notwithstanding the Complaints made by your Excellency 
respecting the Support of the Government, we are well in- 
formed, that all the Engagements this Colony came under, 
have been, in the Opinion of its Inhabitants, honourably 
complyed with, particularly, since we have had a separate 
Governor. 

The incidental charges of this Government your Excellency 
is pleased to mention to us, have not, as we can be informed, 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 415 

at any time been Omitted ; But all such Charges as have come 
to the knowledge of the Assemblies, and by them been 
thought reasonable to be paid, have Constantly been provided 
for under the Denomination of contingent Charges, and 
included in the Acts for Support of Government. When 
your Excellency shall be pleased to lay the accounts of any 
before this House, they will always have their due weight 
with us. 

Why the Government hath not been Supported for the 
present year Your Excellency may have the best information 
from the Gentlemen of the Council. We find that a Bill for 
that purpose was passed by the last House of Assembly at 
Trenton, and Sent Up to that Board for Concurrence from 
whence we Conclude, that the House of Assembly had no 
occasion to offer those Reasons your Excellency mentions for 
not Supporting the Government ; Neither do we understand 
them in the same Light with your Excell oy to be offered 
directly as Such. Had they Actually done so, we are per- 
swaded your Excellency hath known such things done before 
that Time, without incurring the heavy Construction you are 
pleased to put on it. 

Some of our Members have made a Calculation of what 
money is now in the Treasury, and when the publick Debts 
due from the Colony are paid out of it, they think it will fall 
far short of your Excellencys Expectation. And as our 
Money is yearly Sinking and destroyed, so the Interest money 
to be paid into the Treasury for the future, is annually grow- 
ing less and the Charges of the Colony encreasing upon us 
without any Probability of a supply, which Reasons ought to 
have their weight with all Concern'd, and those in particular 
that may think our Application too frugal ; And they Should 
further consider (be the Sum less or more) the House of 
Assembly have a Voice in the Application of that Money, 
And that as His Majesty hath been graciously pleased to allow 
them such a voice by the Act that makes it Current, without 
doubt that it should be as free to all Intents and purposes as 
a voice on any other Bill. And your Excellency hath told 



416 NEW JERSEY COLONIAL DOCUMENTS. [174-5 

us, and we have assented to it, that each part of the Legisla- 
ture " has an undoubted Right to dissent to anything pro- 
" posed by the other, if it appears unreasonable to the part 
" or person to whom it is propos'd however necessary or con- 
" venient the proposer may conceive it to be, and that with- 
" out being Censur'd for doing so, or Compelled to assent by 
" any Method but that of Reason and Argument." 

We shall do our Duty in Applying such part of the 
Money as we judge necessary for the Support of the Govern- 
ment at this Time ; and if it should not be so Satisfactory to 
all Concern'd in receiving it as they could desire, we hope we 
shall escape their Censure, and others will know it to be no 
new thing if we are Censur'd by them ; it is a Misfortune 
that former Assemblies have been Obliged, in the Discharge 
of their Trust to Submit to. Judicious and impartial men 
will Consider the Reasons why things are thus amongst us, 
and not condemn our Conduct unheard ; and when they have 
fully informed themselves, we leave it to them to determine 
from which Branch of the Legislature the real Cause pro- 
ceeds that conduc'd most to the lessening the support of the 
Government the 1 last Session. 

As we met your Excellency at this Time determined, as in 
Duty to his Majesty we are bound to Support his Government, 
so we . entertain'd hopes, that we might at least have been 
encouraged to proceed in preparing some Bills we think very 
necessary and much wanted by the people whom we represent. 
But since your Excellency hath been pleased to assure us 
that you will assent to none of the Bills passed by the Assem- 
bly, unless first Assented to by the Council and you approved 
of them ; But not even then, if you think such Bill not very 
necessary, unless a sufficient Provision be made for the Sup- 
port of Governm* previous to the passing any Bill by you ; 
And this you have recommended to our particular Notice to 
govern ourselves accordingly. It gives us some Concern to 
be thus almost peremptorily precluded from Proposing such 
Bills as we should think very necessary : But we know this 
is a power [your] Excellency can make use of to Check our 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 417 

Proceedings. We shall therefore, According to your Prescrip- 
tion, "deferr such Bills untill some more favourable Oppor- 
tunity, when Reason and Argument may have a greater 
Influence. 

We never heard of any Assembly in New Jersey so ignorant 
as to desire their Governor to pass any Bill but what had 
first been assented to by the Council ; nor are we fond of 
meritting the Character of such Ideots as to expect our Laws 
to be of any Effect without our Governor's Assent : And 
whatever knowledge we may be destitute of, we have learnt 
to expect but very little Success in Obtaining of Laws for the 
Benefit of our Constituents, whilst we are assur'd that one of 
our most Beneficial ones (obtain'd under the Administration 
of Governor Cosby, and confirmed by his Majesty) is per- 
verted by the Hunterdon Justices with Impunity. 

We are the third Assembly your Excellency hath met with 
in these Ten months last past, from whteh we have learnt 
rather to expect Dissolutions than Laws; The Minutes of 
their several proceedings have been made publick, by which 
their Conduct hath been known both to your Excellency and 
to the People ; and by their Choice you may be capable of 
forming a Judgment how well it hath been approved of by 
them And as we are well acquainted with their Inclination, 
and they repos'd a Trust in us to Act agreeable thereunto, 
we are therefore determined not to deceive them : And we 
hope that your Excellency will not take it amiss that we are so. 

We have agreed with your Excellency in all those parts of 
our Constitution which we have had occasion to mention ; 
We have agreed with you in the Method of Proceeding 
according to .that Constitution ; And we Agree with your 
Excellency that the Publick Good is what we all ought sin- 
cerely to endeavour and do everything in our power conducive 
to it, that a mutual Condescention and Calm Debate are the 
most likely method to prove Successful And it would have 
given us a greater pleasure, could we (consistent with our 
Judgment and Trust) have agreed as well with your Excel- 

27 



418 NEW JERSEY COLONIAL DOCUMENTS. [1745 

lency upon everything it Concerns us to promote and pro- 
ceed on. 

What your Excellency has said relating to the scheme of 
an Expedition against our Enemies, is now under Our Con- 
sideration and shall have its due weight with us 
By order of the House 

SAMUEL NEVILL Speaker 

To which His Excellency was pleased to make the follow- 
ing Answer. 

M r Speaker and Gentlemen of the Assembly 

I Believe it was with Concern that you heard so large 
mention made of the Proceedings of the Late Assembly, and 
tho' you decline to account for every particular of their Con- 
duct, no part of which I think, can with any shew of Reason 
be justified, either by Plowmen and Farmers, (as you are 
pleased to call yourselves) or by men of Superior Talents than 
what generally are possessed by Plowmen ; and I hope the 
Concern you had at the mentioning of what you all know 
to be true, will prevail upon you to use a different Conduct 
from that so justly blameable in them. This will be much 
for your Reputation, and likely to be productive of the 
publick Good, if you come sincerely disposed to avoid every 
thing that hath the least Tendency to nourish or Continue 
those Controversies, that imprudently and unprovoked by 
me, was raised and industriously promoted by your Predeces- 
sors in the late Assembly. 

You say their proceedings will be best understood from 
their Journals, and that you are willing to judge of their 
Conduct from thence. I joyn with you, that their proceed- 
ings are best known from their Journals, and that both you 
and all that know what they were, can best judge from thence 
of them : And by these it will appear that the late Assembly 
did Address and promise, as I have set forth in my speech to 
them, that they did petition to be adjourn'd to Burlington, 
that this Petition was granted, that they did esteem, or said 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 419 

they esteem'd, the granting of that Petition as a Favour, and 
how punctually they complied with the Engagements and 
promises they made in their Address to me; It will appear 
Jby those Journals, that unprovoked by me (I having said 
nothing to them On any Head before the Time of their Dis- 
solution) they declined supporting the Government in the 
usual manner, and proposed the Allowing only of less than 
half of what had been usually done, which they knew the 
Council could not agree to without rendring the Government 
Contemptible and therefore would not : It will appear by 
those Journals, that the Reasons given by the Committee and 
approv' of by the House, for doing this, was, That I had 
formerly refused my Assent to some Bills passed by both 
Council and Assembly ; that the Assembly before that had 
grievously complained of it, and proposed the passing of 
their Bills previous to the Granting (as they call it) any 
Support for the Government. It will appear by the Jour- 
nals of that grievously complaining or proposing (or 
rather threatening) Assembly, (tho' the late Assembly did 
not think it proper to take any notice of it) that in answer 
to what they call a proposal, I said to them much the 
same in substance with what I have said to you, Viz " That 
" his Majesty, by his Letters Patent under the Great Seal had 
" been graciously pleased to intrust me with the Government 
" of this Province, and by these to appoint me one of the 
11 Branches of the Legislature here, and as such, where I had 
" the power of Assenting, or denying my Assent to Bills, I 
" was and ought to be as free as any other part of the Legis- 
" lature and to be governed by my own Reason, and not by 
" that of of any other person or persons whatsoever ; and 
" when a Bill was offered for my Assent that I conceived 
" myself impowered (consistent with my Trust) to Assent 
" unto, and that I judged beneficial for the publick I should 
" readily assent to such a Bill, whether they passed a Bill to 
" Support the Goverment or did not pass it, That on the 
" Contrary, if my Assent was desired to a Bill that I conceiv'd 
" inconsistent with my Trust to assent unto, or prejudicial to 



420 NEW JERSEY COLONIAL DOCUMENTS. [1745 

" the Publick, I should think ray Duty to Deny my Assent 
" to it, tho' they would pass, or had passed a Bill to support 
"the Government in the most ample manner." It will 
appear from the Journals of that Time ; that I had passecj 
all, or the greatest part of the Acts, sent up by that propos- 
ing, threatning Assembly ; and did notwithstanding I had 
done everything in my power (as I told them in my letter to 
them) to prevent Dissatisfaction and Discontent in any part 
of the Legislature, to the End that the then Sessions of 
Assembly might end to the great satisfaction of all Con- 
cerned, and prove a good Foundation for the Future Tran- 
quility of the Province, which I was not with out hopes 
that it would do. Yet some were not wanting in that 
House who strenously endeavour'd to embarrass the Public 
affairs, and to raise and foment Differences purely for the 
sake of quarrelling, and that could have no Tendency to 
promote the publick good, but on the Contrary to raise 
Differences and Disputes. They finding that one of the 
Circuit Court had not been held in Monmouth, they in- 
fluenced that Assembly to Assign the Reason of that Neg- 
lect to the Chfef Justice's being a Member of the Council, 
and another Judg's being a Member of their house, who, 
they say, could not attend to hold that Court, without a 
Breach of the Trust reposed in Them as Members of the 
Legislature ; With a View (as may be gathered from what 
was said by the late Assembly, by way of Answer to the 
Council's Resolves) to shew the Inconsistency of Judges being 
in Council or Assembly, from a Reason founded in Nature. 
And tho' they well knew there was another Judge that could 
and should have Attended that Service, yet they did not think 
it proper to say anything to, or of him who neglected to 
attend, but proceed to punish the Chief Justice, by taking 
from that Officer One hundred pounds of his yearly Salary, 
tho' Fifty pounds of this had been given him in Consideration 
that the Act forbidding causes under fifteen pounds to be 
brought in the Supreme Court, would be an abating of the 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 421 

Profits of that Office, equal (at least) to the Fifty pounds so 
given. 

It will appear also by the Journals of that House and 
Time, that after I had granted them almost every thing they 
had desired, and in particular passed an Act for ascertaining 
the Fees of the Several Officers & but (as agreed) with a 
suspending Clause, that neither that Act nor any part of it 
should be in Force till his Majesty's Pleasure was known, 
that they were Dissatisfied with the passing this Act with this 
Suspending Clause, tho' they had agreed to pass it in that 
manner, and Accordingly they proceeded to Vote and give 
their Opinion, that as it had the Approbation of the three 
Branches of the Legislature here, it ought to be taken as 
a Rule by the Judges, and all Concerned, to govern them- 
selves by, until His Majesty's Pleasure should be known Con- 
cerning the same ; And this they did notwithstanding they 
all well knew that it had the Approbation of the Legislature 
here, only on Condition, that neither the Act nor any part 
of it should be in force, or taken by the Judges, or anybody 
else, as a Rule to govern themselves by, before his Majesty 
had signified his Pleasure concerning it ; And Notwithstand- 
ing they had given this Opinion, and ordered the Act to be 
printed as a Rule for the Government of the People, before 
his Majesty had assented to it, and before it was, or could be 
transmitted to his Majesty, in order to know his Pleasure 
Concerning it; And notwithstanding they had publickly 
own'd that the Act was not in Force till the Kings Pleasure 
was known concerning it, yet upon my proposing some Ques- 
tions to the House, which in these Journals referred to are 
Publick, Concerning an Opinion and Order so Contrary to 
that Law, so concerning which this Opinion was given and 
order made, so unwarrantable in itself, and so contrary to the 
Known Constitution of this Government, Yet I say, upon 
my proposing these Questions two off which were, viz. Quest. 
7 " By what authority do you order an Act not in Force to 
41 be printed as a Rule for the Government of the People ? or 
" indeed any Act? Ques. 8. If you have or pretend to have 



422 NEW JERSEY COLONIAL DOCUMENTS. [1745 

" any such Authority, let me know from whence you derive 
" it, and how you came by it, That his Majesty may be in- 
" formed of it ? " To these I required a direct and Categori- 
cal answer, as I ought to have done in that case from men, 
who had assumed to themselves An Authority they were no 
ways entitled to : Yet that House did not think fit at all to 
recede from this unwarrantable Authority they had assumed 
to themselves ; or to make Answer to any of the Questions, 
otherwise than by saying 1st " That they had not assumed to 
" themselves an unwarrantable Authority 2 d That they did 
" not think themselves accountable for that Opinion ; And 3 d 
" That it was not Consistent w th the Honour and Dignity of 
" that House and the Trust reposed in them, to give any other 
" Answer to the said Queries." This was an avowing that 
they Claimed such an Authority, and deem'd themselves not 
Accountable to any Body for the Use of it, This Claim was 
set up at a Time when an End was Seemingly put to all 
former differences. It appears to be the sole Act of that 
proposing Assembly and a claim set up by them to set aside 
An Act of the Legislature here, Solely by the Lowest Branch 
of it, a claim ifl its own nature Extravagant and Contradic- 
tory, made at the time when all things were tending to peace, 
and productive of all the Differences that have since happened 
If a Bill, with a Clause suspending the Effects of it, till 
his Majesty approves of it, be as you say in the Nature of a 
Petition, can it be lawful or fit to do that which you had 
Petitioned for leave to do before the Petition was granted, 
and leave had been granted to do what you petitioned for? 
If it Can, what signifies a suspending Clause in any Bill ? 
or in that for the making of Forty thousand pounds Current ? 
Tis but the Assemblys Saying, after such a Bill is passed by 
all the Branches of the Legislature here, And there being no 
Act, but that to make a paper Currency at present, it ought 
to be taken as a Rule to Govern the People till & c and accord- 
ingly order the paper Bills to be signed and printed ; Doth 
not the absurdity of such a proceeding appear at first sight ? 
And yet it appears by these Journals you referr to, that the 



1745] JOURNAL OP THE PROVINCIAL COUNCIL. 4'23 

late Assembly not only approved of the Conduct of this pro- 
posing Assembly, but ordered this same Bill to be printed for 
the Reasons given by that Assembly, and printed it in their 
Votes accordingly : And when I was expecting (according 
to their promises) a support for the Government to be agreed 
on, they instead of Complying with their Engagements, had 
recourse to Proceedings long since passed, and mention my 
refusing Assent to some Bills passed by both Assembly and 
Council ; Mention What they call a Proposal by that Assem- 
bly of passing their Bills previous to the Granting any Sup- 
port for the Government, which was Claiming a Right to 
have the Bills they sent up, passed Antecedent to their rais- 
ing a support ; and a Threat not to support the Government 
unless they were so ; which Threat the late Assembly put 
into Execution, not only because I had formerly refused Bills 
passed by Council and Assembly, but that since that, viz. 
During that Session, ways has been Thought of to Influence 
the Majority of the Council to reject the Bills proposed by 
the Assembly ; As if the Council's rejecting of Bills proposed 
by the Assembly or the Governor, or any Body else's think- 
ing of ways to Influence them to do it, was Reason Sufficient 
for that Assembly to deny the usual Support ; Yet these are 
the Reasons that Assembly gave (with some others I men- 
tioned to you equally Cogent) to justify their Conduct in this 
particular, and by their printed Votes appeal to the Populace 
to judge of them, endeavouring to make them believe that 
both myself and the Council are Obliged to pass such Bills 
as the Assembly send up. This, as it was setting up a Claim 
to what they had no right to, and as future Assemblies might 
insist on it as well as the last had done, by mentioning what 
they call a proposal of a former, I thought fit to tell you, 
what I had told Assemblies before, and what you all know 
to be true, viz. That neither the Council, or I are Obliged to 
pass any Bills but those we think proper should be passed and 
if you come really so well disposed as you say you do, I hope 
nothing will be attempted but what will be thought proper 
by each Branch of the Legislature to be assented to. As it 



424 NEW JERSEY COLONIAL DOCUMENTS. [1745 

happened, the Bills refused to be passed the last Sessions were 
such as never came to me to be passed or refused ; and how 
ever essentially Necessary you conceived them to be, the 
Council who had an equal Right to judge with yourselves, 
did not think them to be so, but refused to assent to them ; 
for which they have given their Reasons ; And it appears 
from the Journals you referr to, that the Assembly declin'd 
agreeing to the Support of the Government, but in such a 
manner as they knew could not be assented to, because the 
Council (not I) had refused to assent to their Favourite Bill 
to make Forty Thousand pounds Current in Bills of Credit ; 
and if such a Bill, with a suspending Clause, be in the Nature 
of a Petition as you say it is, then if a Petition, it could only 
be a Petition of the parties that made it, and until it became 
a Bill passed by the whole Legislature, it could not be their 
Petition ; and that when sent up by the Assembly to the 
Council, could in its own Nature be no more than the pro- 
posal of the Assembly to the Council to joyn with them in 
making such a Petition, as they had proposed in the form 
sent up ; and in such case the Council might neither approve 
of the nature fif the Petition, nor the form in which it was 
Conceived, and were not Compellable to joyn in it, but chose 
to let it remain as it was, viz Only the proposal of the Assem- 
bly, so if the Council had agreed both in the Matter and form, 
and had joyned with the Assembly to make such a Petition, as 
that House had proposed, and had sent it to the Governor for 
for his Approbation, he also might neither approve of the 
matter or form of the Petition, and for that reason might 
refuse to joyn in it, and Chuse to let it remain, what it only 
was, a proposal of the Assembly & Council to make such a 
petition ; And had it Come that length as to be proposed by 
both Council and Assembly, the Governor neither was com- 
pellable, nor ought to be Compelled, to joyn in making a 
Petition he did not approve of; much less ought he and the 
Officers of the Government to suffer, because the Council, 
would not joyn in making a Petition they did not approve 
of; Whatever were the Motives that induced them not to 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 425 

join in it, and how ever Sanguine your hopes might be, of 
obtaining that Favour you petitioned for, of making Forty 
Thousand pounds in Bills of Credit, I believe all indifferent 
men (not .under the influence of such strong desires as you 
were) will agree with me, that it was very imprudent to ask 
at a Time when a Bill was bringing into Parliament against 
the doing of things of that kind. 

If words have any meaning, the opinion given by the late 
Assembly concerning the Bill intended to be brought into 
Parliament, was given with relation to the whole Bill, and 
not with respect to any particular Clause of it ; for they say, 
that if the said Bill, or any Bill of that Tendency should 
pass into a Law it would not only be an encroachment &c 
but also destructive of the Liberties and properties of his 
Majesty's Subjects ; And not if the said Clause, or any Clause, 
of that Tendency should become part of a Law, it would be 
an Encroachment &c So that it appears by the Journals of 
the late Assembly, it was the Bill containing that Clause, 
and several others that was said to be an Encroachment &c. 

It is true, that twelve of the Members of the present 
House, which makes one half of the house, are the same Men 
that were Members of the late House who joyned in giving 
that Opinion, and must best know what they intended by it, 
and since they say it was with relation to that particular 
Clause set forth at large in their Address just now made to 
me, that they gave that Opinion ; I will suppose it to be so, 
and then it will be, that if the said Clause, or any Clause of 
that Tendency, should pass into a Law it would not only be 
an Encroachment & c but Destructive of the Liberties and 
properties of his Majestys Subjects; but this does not one 
jot mend the matter, but rather make it worse ; for whether 
it be with relation to the Bill, or that particular part of it, 
that the Opinion was given an Encroachment is still an En- 
croachment. However Hard or restrictive of the Liberties 
they had formerly taken, such a Clause if passed into a Law 
might be deemed to be, yet a British Parliament, If they 
judged that any liberties we took or us'd were prejudicial to 



426 NEW JERSEY COLONIAL DOCUMENTS. [1745 

the British Nation, they might restrain us in the use of them 
without being said to encroach, or that by making Such an 
Act they would destroy our Properties ; and Whatever free- 
dom we have of speaking, I cannot still help thinking, that 
what was said on this Head in the manner it was, had been 
much better let alone. 

You are not Singular in your Dislike of that Clause ; and 
if I am rightly informed, many of the Inhabitants of other 
places besides New Jersey are apprehensive of the Conse- 
quences of it ; because Laws hereafter to be passed contrary 
to Instructions given, are to be (I suppose) void at least ; or 
(it may be that besides that) a Penalty laid upon the Gover- 
nors for passing them ; for there is a Blank 1 left for that, and 
not anything expressed concerning it. 

Here it is the Shoe pinches; here lies the Danger; at 
present, if a Governor passes a Law, tho' Contrary to his 
Instructions, it is a Law, and will be in force ; And if for 
making a Paper Currency, tho' without a Suspending Clause, 
it will not be very practicable to repeal it, as it may not be 
to repeal several others, that a Governor can pass it if he will 
venture to Act fcontrary to the Trust reposed in him ; And 
Assemblies have not been so unacquainted with the weak side 
of humane Nature, as not to induce Governors to do what 
they should not do, by denying to support the Government, 
or by giving large sums as a Reward for Imaginary Services ; 
And Governors, who are made of the same Materials that 
other men are, have not been unsusceptible of Impressions 
made that way, and thought it more eligible to run the Haz- 
ard of breaking their Instructions, than of starving by a 
close adherance to them, 2 But if a Law should pass, that any 
Law passed by a Governor contrary to his Instructions should 
be void ; And a penalty laid on Governors and Assemblies 
that passed such a Law, (as something like this Clause to be 
intended in this particular of making a Paper Currency) then 

1 See ante, page 412. 

"The New York Legislature, in 1743, voted 1,000 extra to Governor Clinton, to 
secure his support of certain legislation. JV. Y. Col. Doex., VI., fiU>. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 427 

all these Methods of procuring the Assent of Governors to 
what tkey were forbid to assent unto, will be at an End in 
the particular case mentioned and intended by this Bill And 
how proper it will be for Governors or Assemblies to appear 
against a Bill seemingly made to oblige Governors to obey 
their Masters Orders, You Gentlemen, can easily determine. 
But that they are, or should be so obliged this and this only 
is the grand Grievance; This is said to make Governors 
Arbitrary; and what not? If this be so, the Conduct of 
Assemblies I fear, has not Contributed a little to it, But how 
does it Appear that it is so? one would think that any law to 
restrain Governors from Acting Contrary to their Masters 
Orders, was not the most likely way to make them Arbitrary, 
but to prevent them from being so, as restraining them from 
taking Liberties they might otherwise be prevailed on to do, 
and this Clause in particular appears to me to be made to 
restrain, or rather to prevent Governors from Assenting to 
any Act to make Paper Bills Current, Contrary to his Majes- 
ty's Instructions, in that particular Case. That this is so, 
appears to me plain from the Bill itself : I shall therefore say 
a little to it, and if I happen to be mistaken in my Senti- 
ments concerning it, I shall, when I am convinced that they 
are erroneous, very gladly alter my Opinion, And, first, it 
appears from the Preamble of the Bill that the Reasons 
assigned for making of it, was That the Issuing of Paper 
Bills of Credit by virtue of Acts, Orders & c had been a Great 
Discouragement to the Commerce of England, by Occasioning 
Confusion in Dealings and lessening of Credit & c 2 d That 
for remedying the Inconveniences which have arisen from the 
Indirect Practices of issuing such Papers Bills of Credit, his 
Majesty had been graciously pleased by his Royal Orders and 
Instructions, to require and Command the respective Gover- 
nors in America not to give assent or pass any Act whereby 
Bills of Credit may be issued in lieu of Money, without a 
Clause suspending their effect until the said Act shall be 
approved of by his Majesty. 

3 d That notwithstanding such his Majestys Royal Orders 



428 NEW JERSEY COLONIAL DOCUMENTS. [1745 

and Instructions &" Such Indirect practices of Creating, 
Issuing and Omitting [Emitting] such paper Bills of*Credit, 
are still carried on to the great Prejudice of the Trade of his 
Majestys Subjects. 

Wherefore, for the providing a more effectual Remedy 
than the Kings Instructions had prov'd for preventing the 
said Inconveniences that is, the making Bills of Credit that 
should occasion Confusion in Dealings & and making of 
them by Act Contrary to his Majestys Instructions, without 
a suspending Clause, as it is said had been done. 

It is proposed to be Enacted, That it shall not be lawful 
for any Governor to Assent to any Act, whereby Paper Bills 
of Credit shall be made, or whereby the Time Limitted for 
the sinking of them shall be protracted. 

2 d That all Bills of Credit, now subsisting, shall be sunk 
and destroyed, according to the Tenor of the Acts, &' that 
made them. 

3 d It is provided and declared, that nothing in that Act 
shall extend, or be Construed to extend, to restrain, or be 
Construed to extend, to restrain his Majesty or his Successors 
from impowerin*g his Governors to assent to any Act of As- 
sembly for Creating of Paper Bills of Credit, in lieu of, and 
for securing such sums of Money as shall be deemed requisite 
for the Current year, so as at the Time of making of them, 
sufficient Fund be provided for the sinking of them in a 
reasonable time. 

4 th It is also provided, that nothing in the Act shall be 
Construed, to restrain his Majesty from impowering the 
Governors to assent to Acts of Assembly, to create and make 
Bills of Credit for securing such sums of Mony, as Shall be 
borrowed or taken up upon any sudden or extraordinary 
Emergency of Government, and for the immediate Support 
and Defence thereof, so as due Care be taken to ascertain the 
value of the principal sum borrowed, and to provide a suffi- 
cient Fund for the sinking and Discharging Principal and 
Interest. 

5 th It is Enacted, That no Bills made Since, or which shall 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 429 

be made by virtue of his Majesty's Instructions, shall be 
deemed or taken as a legal Tender for the Payment of any 
Private Debt. 

6 th It is provided that nothing in the Act Contained shall 
be taken to make any Paper Bills issued before 

to be a legal Tender in payment of any private 
debt in any of the Colonies. 

7 th And because several paper Bills are now subsisting 
upon Loans, whereby private persons and their Estates stand 
bound for the payment ; and in case any Difficulty or Obstruc- 
tions should arise in the payment thereof, such Bills cannot 
be sunk ; It is therefore, enacted, That such Bills shall be 
sunk and Discharged agreeable to the Tenor of the Acts or 
Orders that made them. 

8 th It is enacted, That all Borrowers, of these Bills shall 
by all due and Legal means be Compelled to pay them ; And 
in Case of Deficiency or Loss, that Loss to be made up by 

in the several Colonies where such 
Deficiency Shall happen. 

This is the substance of the enacting clauses in that Bill 
with relation to the first part of the Preamble, in none of 
which there is not one word of any thing mentioned in the 
2 d and 3 d part of the Preamble relating to the passing of Bills 
contrary to those Instructions given by his Majesty, for 
remedying the Inconveniences which have arisen from the 
indirect practices of Creating such Bills, by which his Majesty 
had required and Commanded his Governors not to Aesent to 
any Act whereby Bills of Credit may be issued in lieu of 
Money, without a Clause being incerted in such Act declaring 
the same shall not take Effect until the said Act shall be 
approved of by his Majesty ; and that notwithstanding such 
Orders, and for want of a due Compliance with, and Observ- 
ance of them, such indirect practices were still Carried on in 
some of the Plantations, This is the Matter complain'd of; 
and for providing a more effectual Remedy for this than his 
Majesty's royal Instructions had proved ; this Clause Com- 
plained of is made, and sets forth in the beginning of it, that 



430 NEW JERSEY COLONIAL DOCUMENTS. [1745 

there had not been a due Regard and Obedience paid to his 
Majestys Orders and Instructions from Time to Time issued 
& e which must mean such Orders & c as was mentioned in the 
Preamble not to be Complied with, and which are solely 
relating to Paper Bills of Credit ; And Therefore, to prevent 
the like indirect practices for the Future as were Complain'd 
of, The Clause first injoyns that a strict Obedience shall be 
paid to such Orders and Instructions as shall be sent by his 
Majesty, or his Successors ; and in case they should be dis- 
regarded, as they had been before, Enacts, That every Act, 
Order & c & c & made contrary to such Instructions shall be 
which I will suppose void at least. By 
this it seems to me very plain, that this Clause Complained 
of is a relative Clause, relating to the Preamble, Setting forth 
the Causes why the Act was made ; and to prevent the Mis- 
chief there Complained of, Viz. The passing of Acts to 
make Paper Bills of Credit, without incerting a Clause in 
such Acts that they Shall not be in Force till his Majesty 
approves of them, which had been done, and was Still prac- 
tised, as the preamble says, in some of the Colonies. If this 
be the Nature of the Clause, as it seems evident to me that it 
is, then the Opinion of the late House was, and yours is, that 
if the plause you set forth, or any Clause of that Nature, 
should pass into a Law, whereby Governors Should be pro- 
hibited to pass any Act for making of Bills of Credit, with- 
out incerting the Suspending Clause above mentioned, such 
Law would not only be an Encroachment upon the funda- 
mental Constitutions & c but destructive of the Liberties of 
the People : This needs no Comment. 

But, say many, this Clause is no relative Clause to any- 
thing before going, but an absolute Clause introduc'd with a 
Preamble setting forth the reason of making it, viz. That a 
due Regard had not been paid to his Majesty's Orders and 
Instructions from time to time issued for the better Govern- 
ment of the Plantations, and enacting, injoyning, and requir- 
ing a strict Obedience to be paid to such Orders and Instruc- 
tions as shall from time to time be transmitted by his Majesty 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 431 

or his Successors, and declaring that all Laws made Contrary 
to such Orders and Instructions, shall be 
I will, as before suppose void, This, say they, is governing 
according to Instructions and not by Laws; and tho' the 
Clause, as it stands, May be understood and Construed to 
mean and relate to the making of Paper Bills of Credit, yet 
it may mean something more, Viz Such other Orders and 
Instructions (be what they will) as shall from time to time 
be transmitted ; and any Law passed Contrary to these is 
declared to be void. 

Tho' saying in the Preamble of the Clause, that a due 
regard had not been paid to his Majesty's Orders &c must 
relate to some Orders to which a due regard had not been 
paid, and what these were, are set forth in the Preamble of 
the Bill to which it evidently relates ; yet for once, let us 
Suppose it Absolute, and untrue, and a Clause independant 
on any other part of the Bill ; or if dependant, that it means 
any other, or different Orders and Instructions than those 
relating to Bills of Credit, which the Governors are required 
to pay an Obedience to, and declares any Act made contrary 
to them to be void. And let us enquire, whether such a 
Clause, if passed into a Law, can be an Encroachment upon 
any Fundamental Constitutions of any Colony, or any Con- 
cessions granted by his Majestys Royal Ancestors to this or 
any other Colony, or destructive of the Liberties of his Majes- 
tys Subjects. 

Had there been no Instruction or Order restraining the 
Governors, they might assent to any Law propos'd to them 
or they might refuse their Assent as they judged fit; When a 
Governor has the Kings Orders not to pass Laws of a par- 
ticular kind, or not without incerting Clauses in them not to 
take Effect till his Majesty Approves of them, it is so far a 
restraining of the power of a Governor ; and can not the 
King Legally do this ? If he can, as I believe few will adven- 
ture to say he Cannot, then a Governor in passing any Law 
that he is forbidden to pass, or without incerting such Clauses, 
does what he ought not to do, nor had any power to do but was 



432 NEW JERSEY COLONIAL DOCUMENTS. [1745 

commanded not to do ; If the King had a legal power to 
Command, which I presume no Body can make a doubt of ; 
And has the Kings Royal Ancestors divested, or could they 
by any Fundamental or other Concessions, or Constitutions, 
divest themselves of the power of denying their Assent to 
such Laws made in the Plantations, as they did not approve 
of? or of commanding their Governors not to pass, or not 
to pass them but on Certain Conditions directed to be incerted ? 
And should this Clause be passed into a Law, would it be 
destructive of any Liberties but those which Governors had 
been prevailed on to take in passing such Laws, as they were 
commanded not to pass? This Clause relates to the Gover- 
nors passing or giving his Assent to Laws ; not what Laws 
he should Assent to, But what laws he should not assent to, 
viz. Such as he was forbidden to assent to ; Sets forth, that 
Governors had assented to such as they were forbidden to 
Assent to; and to prevent their doing so for the future, 
declares that if they assent to Laws which they are commanded 
not to assent to, such Laws as shall be 

void or perhaps penal to all Concerned in the passing of 
them ; and hert lies the Grievance. 

The Kings of England from times immemorial by virtue 
of a power inherent in their royal persons, have refused their 
Assent to Laws in England ; and have they less power in the 
Plantation ? If they could refuse their Assent to Laws, it 
seems to me, that they could legally command their Substi- 
tutes to refuse their Assent to such Laws as their Masters judged 
not fit or Convenient to be passed ; And that their Substitutes 
were in Duty bound to obey these Commands; and acted 
illegally and Contrary to their Duty in disobeying ; And that 
this Clause, if passed into an Act; would be a declarative of 
what the Law and Reason was, antecedent to the making of 
it ; and I believe it will puzzle all concerned, in giving the 
Opinion I am speaking of, to shew w* fundamental Constitu- 
tion or Concession such a Law would Encroach upon ; or 
what Liberty it would be destructive of, unless it be that 
which Governors have been too often Compelled to take, in 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 433 

dispersing with their Masters Commands rather than Starve : 
And tho' the Complaint, seems to be, because a Restraint is 
put upon Governors, which in this Case, they do not approve 
of; Yet Assemblies have shewn they are not unwilling that 
Governors should be restrained, provided they do it them- 
selves. 

I doubt not but you are of opinion that the Government 
has been very honourably Supported, and perhaps would be 
so for time to come, tho' it should be reduced to less than the 
half of what it has been ; but your Opinion cannot alter the 
Nature of things and make that honourable and sufficient, 
which in [it]self is not so, what ever opinion you have, or 
say you have concerning it. 

You have undoubtedly, as you say, a Voice in the Disposi- 
tion of the publick Money, and can, if you think fit, refuse 
your assent ; but yqu should not refuse your Assent to what 
is reasonable and fit, because you can do it, that would not be 
acting reasonably, but otherwise. 

The Money in the Treasury, or that may come in from the 
Loans of Bills of Credit, may possibly prove much less than 
it is Supposed to be, tho' I hope and believe it will not : yet 
that doth not Appear to be a Reason sufficient for lessening 
the support of the Government, but rather the Contrary ; for 
if it was when there comes to be no Bills of Credit, there 
ought to be no Support : The Supporting the Governm* over 
them is a Duty incumbent on every Community, and would 
be so upon this, tho' no Bills of Credit had a Being ; and it 
cannot I think with Truth be said, that this Colony is unable 
to do it, in a larger manner than it has hitherto been done, 
even if they had no Bills of Credit much more so, when his 
Majesty has been graciously pleased to consent to the making 
of such, Bills for the better enabling them to do it; and 
which, if they refuse to do, will not be a grateful Return for 
the favour received. 

When the parts of the Legislature happen to differ and 
disagree amongst themselves, the people are generally Sufferers 
and may complain of the want of some Laws, that with a 

28 



434 NEW JERSEY COLONIAL DOCUMENTS. [1745 

better agreement among them might be obtained : But an 
Assembly, which is one part of the Legislature complaining 
for want of good Laws, is rather a Clamour or murmur than 
Complaint. The supposed Complaint of an Assembly in 
this Case must be against one or both the Other parts of the 
Legislature, for refusing their Assent to such Laws as the 
Assembly calls good and Beneficial, which either of the other 
parts have a right to do, and however good and beneficial 
you may esteem the Laws you propose to be, either of the 
other parts, who have as much a right to think as an Assem- 
bly, and an Equal power in the making of Laws, may con- 
ceive the Laws so proposed neither good nor beneficial ; and 
such as they think not to be so, they ought not to Assent to 
it. The Appealing to the Populace in this case, is generally 
attended with Consequences dangerous to the Public Peace, 
and not very safe to those concerned in the doing of it. 

The Fact in this case is, the Assembly passed a Bill for 
making Current Forty thousand pounds in Bills of Credit, 
and a few other Bills, all which they call good and beneficial. 

The Council esteemed none of these Bills either good or 
beneficial especially that for making Forty Thousand pounds 
in Bills of Credit, and therefore refused their Assent to them, 
which they might do ; and gave their Reasons why they 
refused their Assent to them, which they were not Obliged to 
do. The Assembly in a Pet lessen the usual Support of the 
Government to a sum they knew the Council would (or rather 
could) not consent to ; because ways had been Thought of to 
influence a Majority of the Council to reject their Bills, 
and so the Government remained unsupported. That is, in 
English, rather 1 more or less, than that they denyed to Sup- 
port the Government because the Council would Not assent 
to their Bills : And the Votes of that House published to the 
world, give me and the world a full Information Why the 
Government has not been supported for the present year, as 
the Council, who you say, can best inform me, can give : And 
if it should be Admitted (as it is not) that the Assembly had 

'Neither. 






1745] JOURNAL OF THE PROVINCIAL, COUNCIL,. 435 

no occasion to give any reasons for their Conduct in this Case ; 
yet having once given them, whether offered directly or indi- 
rectly, it appears what they were, and why the Government 
has not been Supported this present year, and still remains 
without Support, viz. because the Council refused to assent to 
the Bills sent up by the Assembly. 

If the Assembly, have supported the Government, as you 
say, for six years, or any Number of years, they would be 
entitled to all the favours I could do ; and the greatest, and 
most beneficial, both for them and the publick ; that I can 
do, is to warn them when they exceed the Bounds of their 
Authority, or Attempt things inconsistent with my Trust to 
admit of; As I believe you well know I can, from their 
Journals, give more Instances than one, besides that of the 
Fee Bill, have been Attempted ; But I cannot take from the 
Council the Power they have of refusing the[ir] Assent to 
Bills they do not like ; nor do I believe your denying the 
support of the Government will Compell them to part with 
it ; or Can or ought to Cornpell me to assent to any Bill I do 
not approve of. 

It doth not Appear to me, that the Assembly (meaning the 
House of Representatives) have Supported the Government 
in a liberal manner, or in any manner. You are fond indeed 
of saying, that you Grant, a support, and using words of that 
Purport on the Occasion ; but you all know that Money is 
applied long since to the support of the Government, not out 
of any Money given or granted by you, but out of Money, at 
your Request, Granted to you; and would not be unjust to 
call in, and take from you, when you refuse to apply a suffi- 
cient Quantity of it to the support of the Government, which 
is the very use it was given for and Applied to ; And you 
have no more Power of granting it than any other Branch of 
the Legislature, or denying any Amendment to the same you 
judge proper to apply to that use, under the Pretence of its 
being a Money Bill ; it being no money given by you, but 
such Quantities of it yearly to be applied to the Support of 
Government, as the Governor, Council and Assembly should 



436 NEW JERSEY COLONIAL DOCUMENTS. [1745 

agree on ; and either of them can be said to grant the Support 
with as much Propriety of speech as you ; And neither of 
them singly can be said to grant it, or ought to pretend that 
they do. 

I must referr to your Cooler Consideration, whether what 
you have said with respect to the Hunterdon Justices, was not 
rather with an intent to Irritate than to Convince or prove of 
any advantage to yourselves or those you represent. I had 
spoke to the late Assembly very largely on that Head, and 
need not now repeat. You cannot but know, that you are no 
Court of Law, and not being so, have no right to determine 
whither what has been done by the Hunterdon Justices is Con- 
trary to Law or not. To those that think themselves agriev'd, 
the Law is open, to try how far that will justify their Pre- 
tences; as it is to you, if you think fit to prosecute any 
Justices upon that Score. This is all I need to say on that 
Head. Those Laws which Assemblies have Conceived to be 
beneficial to the Publick, others, who know the publick as 
well as they, and had an Equal right with them to judge, 
have said are not beneficial, but otherwise. If you are the 
third Assembly I have met with, you cannot well be unac- 
quainted with their Conduct; and well know that part of 
which rendred the Obtaining of fit Laws in great Measure 
impracticable, and Dissolutions necessary ; And if you truly 
study the publick Peace, and Benefit, you will avoid giving 
any Occasions for them. I can form some Judgment from 
the Choice of the present Assembly men ; but it is not, that 
the Conduct of the last was approved by the people ; on the 
contrary, I am told, it was disapproved of, and their not Sup- 
porting of the Government was much blam'd ; that they 
instructed their Representatives, especially in the Eastern 
Division, not to quarrel with the Governor, with whom they 
had no reason to differ, but to support the Government in a 
handsome manner ; And that upon their promises to do that 
they were Chosen, which Otherwise I am told some of them 
could not have been. 

Upon the whole, Gentlemen, if your Conduct at this Meet- 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 437 

ing shews that you Come together with such Dispositions as 
you say you do, it will greatly contribute to the publick 
Benefit and Happiness, of which we shall all be partakers. I 
shall on my part, do all in my power to promote the publick 
Utility and assent to such Laws, as, consistent, w* 11 the trust 
reposed in me, I can assent unto, that I think conducive to 
the general Advantage ; aad Hope in this our day, we may 
all sincerely follow the things that make for Peace before 
they be hid from our Eyes. The doing so, is the most likely 
Method to enable us to know what truly is for the publick 
Good, and to act accordingly ; to which I heartily recom- 
mend you. 

LEWIS MORRIS 

After which His Excellency Prorogued the Assembly of 
New Jersey Till Tuesday next at 4 o'clock in the Afternoon 
then to meet at the Perth Amboy 



Wednesday May the 29 th 1745 
The House met 

( John Reading Edw d Antill ^ 

Present The Hon ble <J James Alexander VEsq" 

(. Rob* H r Morris James Hude J 

M r Reading Acquainted the House that M r Eaton and M r 
Heard had yesterday delivered to him from the House of 
Assembly a Bill Entituled An Act for Applying Two thou- 
sand pounds of the Interest money now in the Treasury 
(Arising from the Loans of the Bills of Credit) for his 
Majesty's Service with an Order from that House to the said 
two Members to carry the said Bill to the Council for their 
Concurrence, which bill and Order he had receiv'd from them 
[this House not being then sitting] he Delivered the same in 
at the Table. 



438 NEW JERSEY COLONIAL, DOCUMENTS. [1745 

The Bill Entituled an Act for Applying Two thousand 
pounds of the Interest Money now in the Treasury (arising 
from the Loans of the Bills of Credit) for his Majestys 
Service was read the first Time and Ordered a second Reading 

The House Continued till Thursday Morning 

Present as above 

The bill Entituled an Act for Applying Two thousand 
pounds of the Interest Money &c. was read a second time and 
Committed to the Gentlemen of the Council or any three of 
them. 

The House Continued till 3 o'Clock afternoon 

Present as before 

M r Morris from the Committee to whom the Bill Entituled 
an Act for Applying Two thousand pounds of the Interest 
money now in the Treasury (arising from the Loan of the 
Bills of Credit) for his Majesty's Service, was referred r 
Reported that having gone through the Bill to them referred, 
They were of Opinion that the said Bill ought to have been 
amended in the following particulars. 

1" By the said Bill the Money should have been directed 
to be Issued out of the Treasury by virtue of a Warrant 
under the hand of the Governor or Commander in Chief of 
this Province signed in Council agreeable to one of His 
Majestys Instructions entered in the Minutes of this House. 

2 dly That by the said Bill the Governor or Coniander in 
Chief of this Province should have had the directions of what 
Vessels should be hired and what Quantity and of what kind 
the provisions should be and where the same should be laden 
within this Province so farr as the Money in the Bill men- 
tioned would extend. 

3 dly That by the same Bill the Trustees should have been 
made Accountable to the General Assembly of this Province 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 439 

and not to the House of Representatives only, as by the said 
Bill seems to be intended. 1 

But Considering the great Consequence of a speedy Supply 
of provisions to his Majestys Forces employed in the Seige 
of Lewisbourg and the ill Success that has attended Applica- 
tions from this House to former Houses of Assembly relating 
to Amendments to Bills for the Disposition of the Publick 
Money particularly on the 24 th of February 1738 and the 5 th 
July 1740, Are Therefore of Opinion that should any 
Amendments be made to the said Bill it would retard the 
Supplies from going to Cape-Briton at least for some time, 
They therefore Report the Bill without Amendments for the 
Reasons above and Submit it to the Consideration of the 
House 

By Order of the Committee 

ROB* H MORRIS Chair" 

The Bill Entituled an Act for Applying Two thousand 
pounds of the Interest Money now in the Treasury (arising 
from the Loans of Bills of Credit) for His Majesty's Service 
was read a third time and on the Question put, Resolved 
that the same do pass 

Ordered that the Speaker do sign the same. 

Ordered that M r Hude do acquaint the House of Assembly 
therewith. 

The House Continued till Saturday June the first 1745. 

Present as before 

His Excellency came into Council and made the Following 
Speech. 

M r Speaker and Gentlemen of the Assembly. 

I Received your Message of the 27 th of May ; and as you 
desire, I am very willing to excuse you from making a Reply 

1 The New York Assembly, in 1744, passed a similar bill, naming commissioners 
and entrusting them with the expenditure of money. N. Y. Col. Docs., VI., aitl. In 
July, 1745, the Pennsylvania Assembly assumed a like control over a military appro- 
priation. Penn. Col. Records, IV., 769. 



440 NEW JERSEY COLONIAL DOCUMENTS. [1745 

to my Answer to your Address, either by way of Message or 
any other ; and that for any Reason you think fit ; as I would 
have done from making that Address, which made my Answer 
necessary ; because you might have spent your time to much 
better purpose, and more of the publick Good, in doing what 
you were call'd together for, than Cavilling and making use 
of any groundless pretence to avoid the doing of it. 

My answer to your ' Address was for the most part what 
shew'd the unreasonable Conduct, of the late and a former 
Assembly, as it appear'd from those very Journals to which 
you referr'd, and are Facts too notorious to be Denyed, and 
cannot be justified by Men of better Talents in the Noble 
Science of Controversy, than either you or I are Masters of. 

What I said with respect to the Bill intended to be brought 
into Parliament, was to shew the Imprudence (to say no worse 
of it) of the Resolve made concerning it ; And what I said 
Discovered no Opinion of mine Concerning the Bill, but 
endeavour'd to shew the Imprudence (in some measure) and 
Inconsistency of that Resolve, whether it related to the whole 
Bill, or (as you pretended it was meant) to the Clause you 
printed ; and this I think is done, notwithstanding anything 
you have said, or I believe you can say. 

Amongst other things hinted to be said by me, concerning 
the Inhabitants, in answer to your Address, you mention my 
saying, the Justice it would be to take the Money they had 
(that is, the money the Inhabitants have) to Support the 
Government from them, if they refuse to apply it so liberally 
as his Excellency or the Council shall think fit, and you pro- 
ceed to say, " These may, and you think will, convince every 
" reasonable man, that nothing you co'd say to one of my 
" Disposition and Talents for Argument, would avail any- 
" thing with me, and for the People, you say, the recommend- 
" ing it to them with the use of their Understandings, will 
" excuse you from making any farther Reply to it." 

I must own, that this is a very easy (tho' not the most 
civil) way of answering anything that I have said, or can 
say ; And if the people (to whom you Appeal) will make the 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 441 

free use of their Understanding, I doubt not they will soon 
discover the Force and Energy of it : But before I say any- 
thing to it, I take the Liberty to tell you, that anything that 
I have said, Concerning that Bill or anything else, and every- 
thing that you have said will be laid before his Majesty and 
his Ministers, who will form a Judgm' of your Conduct, and 
why the people are Appealed to on this Occasion. 

I did not say that it would be just to take from the people 
the Money They had for the Support of the Government, if 
they refused to apply it so liberally as the Council or I 
thought fit, as you unfairly represent in your Appeal to the 
People ; But as you pretended to grant a support, and vainly 
used words of that purport on that and every other Occasion 
relating to it, when in reality you granted nothing, nor had 
any other power in that Case (whatever you assume to your- 
selves) than any other Branch of the Legislature ; which was, 
to agree what Quantity of the Money rais'd for that purpose, 
and directed to be applied to that only use, Should be so 
Applied ; I told you, that you all knew that Money viz, 
that Money in the Treasury, which you pretended to grant, 
was applied long Since to the support of the Government, 
not out of any Money given or granted by you, but out of 
Money at your earnest request granted to you, and wo'd not 
be unjust to call in and take from you when you refuse to 
apply a Sufficient Quantity of it to the support of the Gov- 
ernment, which was the very use it was given for and Applied 
to; And not if you refus'd to apply it so liberally as the 
Governor and Council thought fit, as you disingenuously 
represent to the People you appeal to ; and I believe no man, 
(not even yourselves) can think that less than half of the 
usual Support is a sufficient Support. 

The people you Appeal to, and even yourselves (if you can 
think cooly) may easily see, that your Conduct hitherto (either 
in the late Assembly or this) is not the most likely Method to 
induce the Crown to grant you leave to make the Forty Thou- 
sand pounds you are so fond of, or any sum in Bills of Credit, 
or any Governor to assent to an Act of that kind, without a 



442 NEW JERSEY COLONIAL DOCUMENTS. [1745 

greater security, that a sufficient Quantity of the Bills so 
made shall be effectually applied to the support of Govern- 
ment, and such other Uses as it shall be intended for, than 
either Addresses, Petitions, Promises, or even an Act made 
by your selves has hitherto proved. 

I know not, whither tis possible to make Bricks with out 
straw or not, or that the Israelites were oblig'd to do it ; but 
it appears that you printed and published your Address 
to me long before it was made to me, which should not have 
been done ; and it was not impossible to have reformed that 
Entry, and made an Entry of what was done on the day of 
Delivery of the Address, viz, what the Address was, and the 
Answer to it, which was all transacted before you were pro- 
rogued ; An Account of which should have been entered, 
tho' it could not be entered on that day, if you had not been 
prorogued. 

Whether you knew of the Councils meeting or not, during 
the Time of What you call the Convention, is what I cannot 
say ; If you have been in any ways in fault, I leave them to 
account for it as well as they can. But certainly you might 
of [have] known of it if you would ; for they were Attending 
here from the time Of my Speaking to you to the time of 
your prorogation, and were ready to receive anything from 
you that you were pleased to offer ; And it appears by the 
Journals of that Board, that there had been Six Meetings of 
the Council in that Time. 

I mentioned no mistakes to you ; but told you, if you had 
made any, the Prorogation gave you an Opportunity to rectify 
them : And upon your first meeting after the Prorogation 
and Adjournment (according to the Rules you made, but not 
with a Majority of the House I was told there grew some 
doubts amongst them, whether a Majority of the House 
neglecting to meet at the Time they were Prorogued to, that 
neglect had not dissolv'd them ; but that in a great Measure 
being got over, tho' there was (as I was inform'd by your 
Speaker) a Majority, yet they declined acting for Reasons I 
know not ; but suppos'd to be upon a belief, that they could 



1745] JOURNAL, OF THE PROVINCIAL COUNCIL. 443 

not Act with less than Sixteen ; upon which I wrote to the 
Speaker, but he having adjourn'd the House, and gone to 
Brunswick, the Letter came not to his hands while the House 
was sitting; but did timely enough to be communicated to 
them upon their Meeting ; And it was communicated to the 
Members, tho' not to them as a House, and I expected they 
would have entred upon Business as from [time] to time it 
was recommended to them to do. I was at Amboy before a 
Majority of the House came together, and Continued there 
after that Majority had met, and would not to proceed to 
Business until the End of the week, when I wrote that Letter, 
which I suppos'd had fully obviated all the Objections I had 
heard of; And was much surprized upon receiving your 
Message at Trenton, that nothing had been done, and found 
the pretence then made use of, was, that I had not recom- 
mended anything farther to you. Tho' what I had wrote to 
your Speaker, and was well known to your Members left no 
room for any such pretence; yet upon my coming to this 
place (which was as Soon as the Weather would permit as I 
told you) I spoke to you again, but still you declin'd entring 
upon any Business ; and now the true Reason appears why 
you did not, and that all the other of not farther Recom- 
mendation, &c. were mere pretences, and nothing else : For 
after I had Spoken to you (to which I referr) your House met 
and (as your Speaker informed me) with the Speaker in the 
Chair, came to Resolutions to Support the Government in as 
large a Manner as usual, and agreed to the Salaries formerly 
given, and this by a great Majority ; But these Resolves were 
not to be entred on your Minutes, until some, deputed by 
your House, had spoke with me Concerning some Laws that 
you desired should be passed. 

What passes in your House, with the Speaker in the Chair, 
is an Act of the House and whatever is so, the Clerk (being 
an Officer instructed by the Government) is by his Office 
truly to enter, whatever your Orders be ; when that is done, 
it will shew whether these Votes were Conditional or not, and 
if conditional, what those Conditions were. But in the 



444 NEW JERSEY COLONIAL DOCUMENTS. [1745 

Meantime, these Votes shew ; that the House did not Con- 
ceive there was any Inability of the Supporting the Govern- 
ment but Something else : so that all the pretences of Inability 
are out of Doors. 

I met the Deputies of the House (as the Speaker at their 
request desired me) and then the Deputed told me, that the 
House would willingly Support the Government with Salaries 
as large as had been given during my Administration, On 
Condition they could obtain Some Acts, (not on Condition 
they could obtain some Acts that would enable them to do it, 
as you say in your Message to me ; but of that soon) I ask'd 
what these Acts were ? They reply ed, An Act to make Forty 
Thousand pounds Current, in Bills of Credit, An Act con- 
cerning Sheriffs; and An Act to prevent Actions under 
Fifteen pounds to be brought into the Supreme Court. With 
respect to the Forty Thousand pound Act, I told them, I 
thought the sum much too small, but advis'd them by no 
means to meddle with anything of that nature until they 
heard what success had attended the Bill intended to be 
brought into Parliament concerning the Paper Currency. 
With regard to the two others I was indifferent about them : 
But the Council having once refused them, for Reasons given 
by them, might do it again, and they might not come to me 
to be passed : Some of them then said, they wished the Coun- 
cil were in Town to be Conferred with on that Head, which 
I did also. Tho' I was indifferent as to the matter of the 
Fifteen pound Bill, I told them, I should not be Inclined to 
pass it for a longer time than the support of the Government 
Continued. Upon this, one of them, (I think M r Eaton) 
said, We have no Encouragement to do anything ; we may 
e'en go home. I reply'd, If they wanted it perpetual, or for 
a long time, they might make it of what Duration they 
pleased, by making the support of the Government as long. 
But this would not do. M r Speaker said, it being but a short 
Bill, might always be read, and passed with the Support Bill 
for the same time, and they might be Sure of having it. But 
this also would not do ; there was no Encouragem* and so the 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 445 

Conference ended. By this it appears, that the Encourage- 
ment mentioned in all your papers, as expected by you, is a 
promise from me to pass these Bills as you mentioned ; and 
to pass them, or you will not support the Government, But 
to make this yet plainer if possible. 

After the Conference just mentioned, you sent me the 
Message I am now speaking to ; wherein you tell me, you 
had Sollicited me for two or three Laws the Country had 
much at Heart ; and Informed me, that the House would 
willingly Support the Government with Salaries as large as 
has been given &c On Condition, they Could obtain those 
Acts that would Enable them to do it in a manner they 
could approve of; and tell me they are willing to pass the 
Bills they pass'd at the last meeting over again, but as they 
are discouraged from giving so large a support as they would 
willing have done, tell me they are determined to assent to 
no larger Applications than they had at the last meeting 
assented to, Until they can have an Assurance of Obtaining 
some Acts they think they have a Right to, and very necessary 
to Enable the Colony so to do. 

By the Messengers that brought this Message, I desired 
the House would let me know, what Acts it was they required 
to be passed as Conditions for their supporting of the Gov- 
ernment. This Answer was reported on the 29 th of May and 
tho' you had on the 27 th mentioned their informing me, that 
the House would Willingly Support the Government as 
largely, &c On Condition, they could obtain those Acts & 8 
as above, and flatly tell me, you are determined to assent to 
no larger Applications &c Until you can have an Assurance 
of Obtaining & Yet by your Message of the 30 th you tell 
me, that you did not propose any Acts to be pass'd as Con- 
ditions for your supporting the Government, and did in your 
Message of the 28 th propose to do it without. It seems then, 
the usual support was only to be had on these Conditions, 
and you were determined not to Assent to the usual support, 
unless you cjin have an Assurance of obtaining & very 



446 NEW JEBSEY COLONIAL, DOCUMENTS. [1745 

Admirable this from the Representatives of a Province ! So 
then it Stands thus, you refuse to support the Government as 
usual on these Conditions and are determined not to Support 
the Government as usually done, unless you can have Assur- 
ances for obtaining these Acts, and in a manner you Co'd 
approve of too ; But pray, who can give you this Assurance ? 
not I, for the the Council have already refused them ; and 
may do it, and probably will do it again for the Reasons they 
have already given. Not the Council, for I may not pass 
them. Not the Council and I together ; for his Majesty can, 
and not unlikely that he will, disapprove of them. So that 
I don't see which way you can have an Assurance of obtaining 
these Acts ; but you are determined not to Support the Gov- 
ernment ; as usually done, unless you have them. I hope 
Cooler thoughts will determine you to a more prudent Con- 
duct. Though you will not Support the Government as 
usual, without these Conditions, Yet you are willing to Sup- 
port it in the Manner you and the late Assembly proposed, 
without Conditions. That is, you are willing I should take 
Five Hundred pounds (half the usual Salary) out of the 
Treasury : You* will, by my consenting to the Act if the 
Council pass it, take Fifteen hundred pounds out of the same 
Treasury for the Time you have spent in fruitless jangling, 
and nothing done. 

You mention those Acts that would enable you to Support 
the Government $ certainly neither the Sheriffs Bill nor the 
Fifteen pound Act, can contribute one doit toward that ; so 
that they are mentioned only to Amuse and unless you can be 
assured of obtaining an Act to make Forty Thousand pounds 
in Bills of Credit ; and that is the sole Difference between us ; 
and I not being able to give you these Assurances, is the true 
Discouragement you talk of, and the only one you have met 
with 

LEWIS MORRIS 

Then his Excellency directed the Speaker to adjourn the 
Assembly to Tuesday the 25 th day of June next, and so by 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 447 

different Adjournments of three weeks at a Time until he 
should have other directions 



Wednesday August 21" 1745 
The House met 

Present John Reading, John Rodman 
Richard Smith Esq" 

His Excellency came to the Council Chamber and by the 
Secretary having commanded the Attendance of the House of 
Assembly ; They attended and his Excellency was pleased to 
make the Following Speech to both houses 

Gentlemen of the Council and Assembly 

When we last parted, there had been much time spent, and 
I wish, I could say, for the sake of all Concern'd it had been 
employed to much better purpose than it was. 

What posture of defence the Country is in, and how capable 
of resisting an Enemy is known to all ; That they should be 
in a Condition to defend themselves in case an enemy should 
attack them ; and that our Enemies, want neither inclinations 
nor abilitys to attempt it, I believe will not be disputed by 
any, that duly regard the safety of the publick, I therefore 
recommend it to you to make such provision for the Effectual 
defences of it, as the Circumstances of the Inhabitants and 
the times required should be done. 

The Government has been for nigh a year unsupported ; 
The Council and Assembly of this Province, when they 
Address'd his Majesty to appoint them a Governor Separate 
and distinct from that of New York Assured him they were 
both Able and willing to support such a Governor and his 
Majesty depending upon these Solemn promises and Engage- 
m te was graciously pleased to grant the Favour they petitioned 
for I therefore recommend it to you to make such proper 
provision for that purpose, that there be no reason given 



448 NEW JERSEY COLONIAL DOCUMENTS. [1745 

to Complain on that head or for his Majesty or his Ministers 
to say, there is no dependance upon the Engagements of the 
province of New Jersey ; And I have from this, just ground 
to expect that you will agree to appoint such a part of the 
publick money as is to be applyed to that purpose, as will be 
an ample Support for the Governor and the several Officers 
of the Government and Suitable to the Dignity of their 
several Stations. I have since our last meeting and the 
Reduction of Lewisburgh to his Majestys Obedience, received 
letters from Governor Shirley and Commodore Warren 1 
Earnestly pressing for Assistance of men from this Govern- 
ment ; which I shall lay before you. 

As you cannot be ignorant how advantagious such an 
Acquisition is, and will be, especially, to all his Majestys 
Northern Colonies; nor how necessary and just it is, that all 
of them should Contribute to the Charge of acquiring it, and 
to preserve it now it is obtained ; So I think, I need only to 
recommend it to your serious consideration ; But here it is 
not unfit To mention to you that as no care has been taken to 
repay the 2000 taken out of the Treasury, to purchase pro- 
visions for the*use of the forces, at Cape Briton, it is taking 
so much money from his Majesty, appointed for the Support 
of this Government ; and is not the gift of the people as I 
suppose, it was intended to be ; nor is it of one farthing 
expense to any of them : But is truly so much money taken, 
or rather borrowed from the Treasury, which I think it will 
be your Interest to repay, because the safety of those that 
had it thence, are something concerned. 

I ventur'd to assent to the Act, believing the provisions to 
be purchased would be of great use to the Forces at Cape 
Briton ; But, if not repay'd, it may be a doubt, whether the 
Lords of Trade will advise his Majesty to approve of it ; for, 
I find by a letter from that Board of the 13 th of November 
1711, to Governour Hunter concerning money before that, 
given to her Majestie and Appropriated to the buying of 
Stores, they say, that when any money is given to her Majesty 

1 Papers of Lewis Morris, pp. 251, 254, 258. 



1745] JOURNAL, OF THE PROVINCIAL COUNCIL. 449 

for buying of Stores & the money Apply'd they (the Assem- 
bly) ought not by a subsequent Act to pretend to direct it to 
another use ; That this was never done by the Parliament 
there. 

I am sorry that my ill and precarious state of health wo'd 
not admit of my meeting you at Amboy, as I did intend ; it 
being I think their turn : But I hope the Members of both 
the Divisions of this Province where ever they meet, will 
heartily Study and use their Endeavours to promote the pub- 
lick good ; and answer what should be the true ends of their 
meeting. 

Pursuant to his Majestys Commands I must again press 
you to agree upon a sum sufficient, to be apply'd to the sup- 
port of his Government here, out of the money given you at 
your own Earnest Request ; and to be applyed solely to that 
purpose ; And I venture to assure you that it is your true 
interest to do so. LEWIS MORRIS 

Then the House Continued till Saturday 24 th August 1745 

Present as before 

i 

M r Reading acquainted the House that on the 23 d instant 

M r Eaton & M r Cook had delivered to him a Message from 
the House of Assembly which he had Receiv'd (The House 
not then sitting) and he delivered the same in at the Table 
and it is as follows. 

August 23 d 1745 Ordered that M r Eaton and M r Cook do 
wait on the Council and acquaint them that this House desires 
to be informed whether the General Assembly were called 
from Amboy to Trenton at this Time by Advice of Council 

or not THO" BARTOW Clk 

His Excellency having laid before this House the despatches 
from Commodore Warren and Governor Shirley and also the 
Messages from the House of Assembly and his Answers 



450 NEW JERSEY COLONIAL DOCUMENTS. [1745 

thereto in relation to his Ordering the Speaker to Adjourn 
the Assembly from Amboy to Trenton. 

It is the unanimous opinion of this House, that his Excel- 
lency's indisposition, was a Sufficient reason for his directing 
that Adjournm* but taking into Consideration, the Necessity 
of the members of the House of .Representatives are under of 
attending their private affairs at home, it being seed time, 
think it Adviseable that his Excellency do prorogue the Gen- 
eral Assembly of this Province, to meet at Burlington on 
Tuesday the 24 th day of September next, or do direct the 
Speaker to adjourn the House of Assembly to that Time & 
place, and if his Excellency shall Continue indisposed, then 
farther to prorogue or Adjourn them to Trenton ; At which 
time they may resume the ConsideraSon of the aforesaid Dis- 
patches and the Affairs of the Province 

The House mett at Trenton on Thursday Oct r 3 d 1745 

Present 

John Rodman ") 
Rich d Smith 
Rob H Morris f Es< * r 
Edward Antill j 

The House Continued till Tuesday Oct r 8, 1745 
The House Continued till Wednesday Oct r 9 

rJohn Hamilton "| Rich d Smith ~| 

the Double } John Readin f Robt H - Morris f Esquires 
" (.John Rodman ) Edw d Antill ) 

Letters from James Alexander & Ja" Hude Esq were read 
giving Sufficient reasons for their Nou Attendance at this 
Time. M r Antill acquainted the House that on the 8 th in- 
stant M r Lawrence & Doughty had DeliverM to him a Mes- 
sage from the House of Assembly, w ch he had receiv'd the 
House not sitting at that time & he delivered the same in at 
the Table, and it is as follows. 



1745] JOURNAL OF THE PROVINCIAL COUNCIL. 451 

Oct r 8 th 1745 Order'd that M r Lawrence & M r Doughty 
do wait on the Council! if sitting and acquaint them that 
this House desires to be Informed whether the General As- 
sembly was called from Burlington to Trenton at this Time 
by advice of Council or not : And if the Council be not Sit- 
ting then to Deliver the said Message To any one of the Gen- 
tlemen of the Council in Town. 

Ordered that the above Message be taken into Consideracon 
on Friday next. 

The House Continued till Friday the 11 th of Oct r 1745 

c John Hamilton Richard Smith ^ 

Pr u en ui \ John Reading Rob 4 H. Morris VEsq" 
the Hofible I T , ^ ^ - i A 4 -n ( 

I John Rodman Edward Antill ) 

The House according to the Order of the 9 th instant took 
into their further Consideration the House of Assemblys Mes- 
sage of the 8 th instant & after some time Spent therein, 
Agreed to the following Message to be sent to the House of 
Assembly, Viz. 

The Council taking taking into their Consideration the 
Message from the House of Assembly of the 8 th instant by M r 
Lawrence & M r Doughty, are of Opinion, That by the Consti- 
tution of England it is the undoubted prerogative of the Crown 
to Adjourn, Prorogue, & Dissolve Parliaments & Conse- 
quently Assemblies & to appoint the places of their Meeting. 

That his Majesty by his Letters Patent under the Great 
Seal of Great Britain has been pleas'd to Delegate that power 
in New Jersey to His Excellency the Governor. 

That all advices from the Council to the Governour are 
given in a privy Council and are matters of State, and the 
Members of the Council are by their Oaths & Affirmations 
bound to keep Close & Secret all such Matters as are pro- 
pounded, treated, Disputed, debated or Resolved in such Coun- 
cil, so that this House can in nowise consistent with their 
Trust give an answer to what the House of Assembly desires 
to be informed of. 



452 



NEW JERSEY COLONIAL DOCUMENTS. 



[1746 



Order'd that M r Rodman do Carry the above Message to 
the House of Assembly. 

The House Continued to Saturday the 12 th of Oct r 1745 

Present as above 

M r Rodman Reported that he had Obeyed the Order of 
Yesterday 

The House Continued till Tuesday the 15 th 

Present as above except M r Smith 
Thursday the 17 th of Oct r 1745 

{John Hamilton Rob* Hunter Morris ^ 
John Reading >Esq rs 

John Rodman Edward Antill 



Friday the 18 th 
John Hamilton 



Present^ 

I John Reading 



Rob* H. Morris \ r . 
Edward Antill / 



At a Council held at Perth Amboy in the Province of New 
Jersey the 4 th day of June 1746. 1 

Present 
The Hon ble John Hamilton Esq r President 



James Alexander 
Robert Hunter Morris 



Edward Antill 1 
James Hude / ^ 



1 No minutes of the Council, sitting as a branch of the Legislature, from the 4th 
of February, 1745-6, to the 8th of May following, have been found, though the 
Journal of the General Assembly shows that the Council was in session during that 
period. Mr. Benjamin F. Stevens, who was requested to furnish these minutes, If 
in existence, writes from London, August 30th, 1890, as follows : " I have examined 
the New Jersey documents in the Public Record Office, and I exceedingly regret 
that I can find no minutes of the Council, either as an advisory body or as a 
branch of the Legislature, between October 18th, 1745, and June 4th, 1746." 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 453 

The President Informed the Board of the Death of his late 
Excellency Lewis Morris Esq r Late Governour of this Prov- 
ince, 1 that he had the Seals, the Instructions & other Papers 
Relateing to the Publick Affairs of this Province 

Then the President took the Oaths appointed by Law, the 
Oath for well & truely Executeing the Office of President of 
his Majesty's Council & Commander in Chief of this Prov- 
ince, the Oath for the due Observation of the Laws of Trade 
and Plantations and also the Oath for duely Executeing the 
Office of Chancellor & Keeper of the Great Seal of this 
Province. 

It is the Opinion and advice of this Board that the Presi- 
dent do Issue a Proclamation for Continueing all officers 
Civil & Military in the Exercise of their Respective Offices 
<fe 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 2 his Majestys Principal Secretary of 
State to his Late Excellency bearing date at Whitehall April 
9 th 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 Governour Shirley to 
the s d Late Excellency bearing date at Boston May 27 th 1746. 
And also a Letter to the President from his Excellency 
Governour Clinton bearing date at New York May 31 st 
1746, upon the Subject of the intended Expedition 

Upon which the President desired the Advice of this 
Board 

The Board takeing the same into Consideration are Unani- 
mously of Opinion that it will be necessary the President 
should Meet the General Assembly as soon as Possible & as 
the President is unable to Travel from home the Board 



Governor Morris died May 21st, 1746, at Trenton, after an illness of some weeks. 
His remains left Trenton on the 26th, on their way to Morrisania, N. Y., where they 
were deposited in the family vault. .New Jersey Archives, VI., 3S8, note; Papers of 
Leiris Morris, 509, SIS. 

- Printed in Papers of Governor Lewis Morris, 811. 



454 NEW JERSEY COLONIAL, DOCUMENTS. [1746 

advises that the General Assembly now Sitting at Trenton be 
Prorogued to Wednesday next then to meet at this Place And 
that Expresses be Sent to the Members to Require their 
Attendance accordingly and his Honour was Pleas'd to Issue 
a Prorogation, for that Purpose 

And the Board do further Advise that his Honour the 
President Issue a Proclamation for Laying an Embargo on 
all Vessells in this Province for the Space of One Month, 
unless his Order in Council Shall be first Obtained for the 
Sailing of any Vessell. 

Ordered that a Proclamation be Prepared accordingly. 

His Honour the President informed the Board that 
Thomas Hunlock Esq r High Sherriff of the County & City 
of Burlington had Desired Leave to Lay down his Commis- 
sion, and his Honour further informed the Board that one 
M r Joseph Hollinshead was Recommended to him as a fitt 
Person for that Office & desired the Advice of the Board 
Thereon. 

This Board takeing the Same into Consideration are of 
Opinion that the & d Thomas Hunlock Esq r may have Leave 
to Resign his t)ffice of Sherriff and advise his Honour to 
appoint the s d Joseph Hollinshead Sherriff of the s d County 
& City of Burlington in the Room of the s d Thomas Hun- 
lock Esq r 

And it is Ordered accordingly 

At a Council held at Perth Amboy June 11 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

John Reading \ Edward Antill \ 
James Alexander / James Hude J 

His Honour the President acquainted the Board that 
Application had been made to him by the Owner of the 
Brigantine John and William for Leave that the s d Vessel 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 455 

might Proceed on her intended Voyage to Madera, haveing 
been Oblidg'd to Putt back into this Port since the Embargo 
to Refitt and his Honour desired the Advice of the Board 
thereupon 

This Board haveing been informed that Vessels have Lately 
Sail'd both from New York & Philadelphia, Advise his 
Honour to Permit the s d Vessel to Sail, And it is ordered 
accordingly 

At a Council held at Perth Amboy June 12 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

John Heading \ Robert Hunter Morris \ - 
James Alexander j Edward Antill j 

James Hude 

Lawrence Smyth Register of the Court of Chancery 
Attending and being Call'd in desired Leave to Resigne his 
Commission as Register of the s d Court, which was Granted 
And he Resigned accordingly 

Whereupon the President was Pleased to Appoint John 
Smyth to Succeed him in the said Office, And a Commission 
was Ordered to be made Out for that Purpose 



At a Council held at Perth Amboy June 18 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

John Reading ^ Richard Smith ^ 

James Alexander V Robert Hunter Morris > Esq 
John Rodman ) James Hude 

The President Communicated a Letter to the Council from 
Gov r Clinton Dated June 16 th Ins* Informing him with his 
Intention of Going to Albany in Order to Engage the Six 



456 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Nations of Indians to Take Part in the Present Expedition 1 
agreeable to his Majesty's Orders to him for that Purpose 
and Desireing the President to Endeavour to Send all the 
lighting Indians to Albany to join the Six Nations on this 
Occasion on which he Desired the Advice of this Board 

Upon which the Board Unanimously Advis'd his Honour 
to Lay before the House of Assembly such Parts of Gov r 
Clinton's Letter as Related to the Engageing the Indians to 
Take part in this Expedition. 



At a Council held at Perth Amboy June 19 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

John Reading ^ Richard Smith ^ 

James Alexander V Robert H. Morris >Esq 

John Rodman J James Hude 

His Honour Laid before this Board a Message he Received 
from the Assembly in the following Words 

Ordered that? M r Cooper & M r Fisher do Wait on his 
Honour & Acquaint him that the House has Gott the Busi- 
ness in a good forwardness which was Recommended in his 
Speech, And as he was Pleas'd to Intimate 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 Pleas'd to Recommend what other Business he thinks 
necessary to be done at this Time That the House may Pro- 
ceed Therein as. they shall have Leisure their private affairs 
Requiring that They should make the utmost Dispatch. 

Upon which he was pleased to ask the Opinion & advice 
of the Board what was proper to be done, And the Board 
takeing into their Consideration the many things necessary to 
be done at this Time in Order to Prepare for the intended 
Expedition against Canada & the Dangerous Consequences 

'Against Canada. 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 457 

that might Attend any the Least Delay, were Unanimously 
of Opinion that no other Business ought to be Entred upon 
till the Legislature had Gone through the Business his 
Honour had Recommended to them at the Opening of the 
Sessions, Relating to the intended Expedition, And when that 
was over His Honour might grant Them a short Recess till 
after Harvest, And advis'd his Honour to Send a Message to 
that Purpose to the House of Assembly 



July 19 th 1746 at two o'Clock in the Afternoon Council Mett 

Present 
The Hon ble John Hamilton Esq r President 

John Reading ~| Richard Smith ^ 

James Alexander > Robert H. Morris VEsq" 

John Rodman ) James Hude ) 

His Honour Laid before the Board a Message he had Pre- 
pared to the House of Assembly Agreeable to the Advice of 
the Board Given him this morning which being read was 
Approved of by this Board & his Honour was Pleas'd to 
order the Same to be wrote fair. 



At a Council held at Perth Amboy June 28 th 1746 

Present 
The Hon ble John Hamilton Esq r President 

James Alexander \ Richard Smith 

John Rodman / Robert H. Morris 

Edward Antill 

1. A Warrant was Signed to Pay M r Ham- 
ilton two thirds of a Quarter's Salary 
as Commander in Chief from 23 d June 
to 23 d September 1738 83 6 8 



458 NEW JERSEY COLONIAL DOCUMENTS. [174ft 

N 2. A Warrant to the Exec of the Late Gov- 
ernour for One third of three Month's 
Salary as Governour of this Province 
from 23 d June to the 23 d September 
1738.. . 41 13 4 



At a Council held at Perth Amboy August 13 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

James Alexander Robert Hunter Morris Esq 
Edward Antill 

His Honour the President Acquainted this Board that he 
had Desired their Meeting to Inform them that Edward Hart 
had by his Warr* Raised 1 00 Men for the Expedition against 
Canada & 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 d Company so Raised by 
Edward Hart and Desired the Advice of this Board Thereon, 
Whereon this Board haveing maturely Considered of the 
matter, Advised his Honour the President to Send the s d 
Edward Hart to His Excellency the Governour of New 
York at Albany with a Letter to the Purpose following Viz' 

Sir 

" Your Excellency has without Doubt heard that in Pur- 
" suance of the Letter from his Grace the Duke of New 
" Castle to the Commander in Chief of New Jersey, that the 
" Assembly of this Province was called together & made Pro- 
" vision for 500 Men to be Raised in this Province for His 
" Majesty's Service upon the Expedition against Canada & 
" for no more than the s d 500 

"And for Promoteing that Service I as Commander in Chief 
of this Province Gave Warrants to five Persons whom I had 



1746] JOURNAL OF GOVERNOR AMD COUNCIL. 459 

Reason to Expect might have Interest enough to Raise 100 
Men Each, with Promise that the Persons They should 
Recommend for Subaltern Officers should have Warrants for 
that Purpose, which five Persons have accordingly Raised 
their Men And I hope this Week all Things may be Ready 
to Embark them for Albany and which Embarkation shall 
be made with all the Expedition in my Power. 

But before those five Persons had Raised their Men, the 
Bearer hereof Edward Hart applyed also for a Warrant for 
Raising 100 Men as a Captain which I granted Least any of 
the five should have Failed in Raising their Men & that the 
Service might not have suffered thereby And accordingly he 
has Raised 100 Men and Six days ago brought them to this 
Place, but before he Came the other five Companys were full. 

I was well Assured that these, 100, Men Raised by the 
Bearer Edward Hart & brought hither were by far the most 
Likely & Able Bodied Men that have been Raised in this 
Province & therefore thought it a Pity, that those Men should 
not be Employed when in all Probability they may be much 
Wanted for the Present Service, Wherefore I Summoned a 
Council for their Advice in this Matter. 

And being Mett for this Purpose, They are Unanimously 
of Opinion that There's no Probability that the Assembly of 
this Province will Consent to Provide for the s d Supernu- 
merary 100 Men, should they be even Call'd for that Purpose, 
for that They Exerted their Utmost Ability in Provideing 
for 500 Men. And to Call an Assembly to Try whether they 
would Provide for them or not Could not be done in any 
Reasonable Time, So as to Send Them in Time on the Service; 
Wherefore they are of Opinion that They Can't be Kept 
together, unless your Excellency shall think proper to Receive 
them upon the New York Establishment, And to see whether 
your Excellency will So Receive them or not, They have 
Advised me to Send the s d Ed wart Hart forthwith to your 
Excellency at Albany, to make the Offer of Them for this 
Service hopeing it may be agreeable to your Excellency to 
Accept Them And to tJrant the Bearer & the Subaltern 



460 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Officers by him Chosen, Warrants for that Purpose to Order 
Vessels for Embarking them for Albany & the Payment of 
the Bounty of Six Pounds p r Man Appointed by the Assem- 
bly of New York to be Paid them at their Embarkation, 
without which they are well assured that the Bearer Cannot 
Prevail on them to Embarke for the Service 

As the Bearer had Expended most of his Estate in the 
Raiseing & Subsisting these Men, till he brought them hither 
<fe then Declared his Inability Longer to Subsist them, I have 
Adventured for the Publick Service to Order some of the 
money Advanced by this Province for his Majesty for Sup- 
plying Cloathing and Arms & c to be applyed for the Subsist- 
ance of the Men and shall do So for Ten days or a fortnight 
Longer in Order to Keep the Men together till Hart's Return 
from your Excellency, which I hope may be allowed of by 
his Majesty or General S' Clair, along with the money 
advanced for Cloathing & Arms And Doubt not your Excel- 
lency will Join in Recommending the Allowance of that 
Sum, as his Majestys Service is the only Motive for that 
Expence I am &c. 

The President Communicated a Letter from some of the 
Gentlemen of the Council of New York to whose Care & 
Direction His Excellency Gov r Clinton had Recommended 
the Peace & Safety of the City & Lower parts of the Province 
of New York during his Stay at Albany, Requesting his 
Honour that for the More Speedy Intelligence & Spreading 
the Alarm of the Invasion there might be Erected a Beacon 
on the Highlands of Neversinks, And also that his Honour 
would Direct the Regiments of the Countys of Essex & 
Bergen to Repair to the Assistance of the City of New York 
in Case of an Alarm, And his Excellency the Late Governour 
of this Province haveing some time before his Death Iss.ued 
a Proclamation Whereby he Ordered Watches to be Stationed 
in Several Parts of the County of Monmouth along the Sea 
Cost, And the Board being Informed that John Little Esq r 
Lieuten 4 Collonel & John Bedford Esq r Major of the Regi- 



1746] JOURNAL, OF GOVERNOR AND COUNCIL. 461 

ment of the County of Monmouth were in Town Requested 
their Attendance & Information how far the Orders in the s d 
Proclamation Relateing to the County of Monmouth had been 
Complyed with, Who attending accordingly Informed his 
Honour & the Board that Pursuant to the s d Proclamation on 
the 28 th & 30 th days of April Last Watches were Stationed at 
Squan, Deal and the Highlands of Neversinks all upon the 
Sea Coast and that these Watches have been from time to 
Time Releived & are at Present Supplyed from the Regiment 
of Foot of the County of Monmouth, that the Instructions 
Given to these Watches are to Give Notice to the next Com- 
manding Officers who have Orders upon such Notice to Call 
together their Companys & to Send forward the Alarm to the 
Commanding Officer of the County 

Whereupon this Board Advis'd his Honour the President 
to Issue his Order to the Coll : of the Milita of Monmouth 
County to the purpose following Vizt. 

Sir I am this day Advised by his Majesty's Council that 
it will be for the Security not only of this Province, but also 
of the City & Province of New York that a proper Beacon 
be Sett up & Erected upon the most Convenient Part of the 
Highlands of Neversinks in Order to Give the Earliest Alarm 
of the Approach of an Enemy and Do therefore in Pursuance 
of the s d advice Order that a proper Beacon be Erected upon 
the s d Highlands of Neversinks in such Place & in such 
manner as You shall think most proper, And I do hereby 
further Order & Direct that You Give or Cause to be Given 
Orders to the Several Persons who shall be Appointed to 
Keep watch near the s d Beacon when Erected that They do 
not Presume 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 of the Persons 
above mentioned, who upon such Application is Requested to 



462 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Proceed to the s d Beacon and if he Judges the & d Ships to be 
Enemys he is then to Order the s d Beacon to be Fired, and is 
to Send immediate Notice to You or to one of the Field 
Officers of the Regiment of the s d County, who is hereby 
Required upon Receipt of such Intelligence 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 Advised his Honour the President to 
Give Orders to the Collonels of the Regiments of Bergen & 
Essex to the following Purpose Viz' 

Sir. 

"It has been Represented to Me by the Gentlemen 
of his Majesty's Council for the Province of New Jersey to 
whose Care his Excellency the Gov r of that Province has 
Recommended the Safety of the City & 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 Pro- 
vince, Which Representation 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 Majesty's Coun- 
cil Order and Require You that upon application from the 
Governour or Commander in Chief of the Province of New 
York for the Time Being, or upon Application from his 
Majesty's Council for that Province You do forthwith & 
without further orders Call Together & March the Regiment 
of Foot under your Command, or order such Detachments as 
shall be Judged necessary to the most Convenient Place for 
Transporting them into the Province 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 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 463 

Majesty's Council of that Province, until you Return into 
this Government 

I am & c 

This Board further Advised his Honour the President that 
he would be Pleased to write to the Gentlemen of the Council 
of New York, who wrote to him, with Copy of the Preceed- 
ing Minutes. 

M r Edward Hart Represented to his Honour the President 
his Inability of Longer Supporting the Company Raised by 
him & that They must out of Necessity Disperse, unless his 
Honour will be Pleased to Advance a Sum of money for their 
Subsistance ; which being Communicated to this Board, They 
are of opinion that his Honour may Draw an order on the 
Commissioners for that Purpose, which he does in the Words 
following Viz* 

Gent. 

His Majesty's Council having this Day Taken into their 
Consideration, what was proper to be done with the Com- 
pany of 100 men, Raised within this Province by Capt" 
Edward Hart & brought to this Town on thursday Last 
were of opinion that I should Recommend it to his Excel- 
lency the Gov r of New York to Provide for the S d Company 
upon the New York Establishment & for that Purpose should 
Send the s d Hart with proper Letters to his s d Excellency at 
Albany, which I have accordingly done & tis Expected that 
he will Return whith his Excellency's Resolution on that 
head in about 14 Days, During which Time it was the 
Opinion of the Council that the Men belonging to the s d 
Company should be Subsisted at 9 d procl. p r Man p r Day, 
And have Ten Pounds Given them to Induce them to Con- 
tinue together till s d Harts Return, And as they Conceiv'd it 
would be greatly for his Majestys Service that the s d 100 
Men should be Employed on the Present expedition, & a 
great Ease to this Province to have them Provided for upon 
the New York Establishment So they Advis'd that the above 



464 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Money and Subsistance should be Paid out of the money 
struck for his Majesty's Service for Cloathing & Arming the 
Troops to be Raised in this Province, not Doubting but the 
whole will be Repaid by General S l Clair upon his Arrival 

I do therefore in Pursuance of the s d Advice Order that 
you Pay to the Commanding Officer of s d Company for the 
Use of the s d Company the Sum of Ten pounds proclamation 
Money, And to the s d Commanding Officer for the Subsist- 
ance of the s d Company 9 d p r man p r Day, till the 27 th 
Ins* inclusive or until the s d Edward Hart's Return from 
Albany which ever shall first happen And for so Doing this 
shall be your Warrant Given under my hand & Seal this 13 th 
day of August 1746. 

JOHN HAMILTON 

M r Antill Represented to the President the necessity there 
was of a new Commission of the Peace for the County of 
Middlesex, there not being a Sufficient Number of Justices in 
s d County And this Board haveing Recommended Joseph 
Warrel Esq r Attorney General, Charles Read Esq r Secretary 
Robert Hude, Samuel Nevill, John Heard, James Thomson, 
James Smith Benjamin Doughty, Pontius Stelle, John Nevill, 
Nicholas Evertson, William Cheesman jun r Thomas Gach, 
William Stone, John Stelle, Josias Smith, Runey Runion, 
Jediah Higgins, & William Hutchinson Whereof Joseph 
Worrel, Charles Read, Robert Hude Samuel Nevill, John 
Heard, James Thomson, James Smith, Benjamin Doughty, 
Pontius Stelle, Nicholas Evertson, Thomas Gach, John Stelle 
& William Hutchinson to be of the Quorum, His Honour 
Ordered a Commission to be made out accordingly 

This Board Advised his Honour the President to Issue his 
Orders to the Commissioners appointed to Provide for the 
Forces Raised in this Province to Acquaint his Honour what 
Progress they have made & for how many of the Companys 
they have Prepared the Proper Provisions for their Embark- 
ation, that his Honour may forward these Forces with all 
the Expedition Possible. 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 465 

This Board also Advised his Honour to Issue his Orders to 
the Captains of the Several Companys Raised in this Province, 
to hold themselves & their Companys in Readyness to march 
to the Place appointed by his Honour for their Embarkation 
to the Place of General Rendezvouz, Upon the first Notice 
they shall Receive from his Honour 1 

His Honour informed the Board that John Honey man 
Esq r had Applyed to him for Leave to Beat up for Volun- 
teers within this Province and had Produced to him a War- 
rant from the Governour of New York Empowering him to 
Raise a Company for this present Expedition against Canada, 
and at the same Time Representing that if he Could obtain 
Leave to Raise Men in this Province he Doubted not soon to 
Compleat his Company, Upon which the President desired 
the Advice of the Board, who having taken the same into 
their consideration, And being informed that the several 
Companys ordered to be Raised in this Province were full 
Unanimously Advised his Honour to Issue a Warrant & 
Instructions to the s d John Honeyman in the words following 
Viz* 

By the Hon bu John Hamilton Esq r President of his Majesty's 
Council & Commander in Chief of the Province of New 
Jersey 

Whereas his Excellency the Hon ble George Clinton by his 
Warrant bearing date the day of June 1746 did appoint 
John Honeyman Esq r to Raise a Company of Men in the 
Province of New York for his Majesty's Service in the 
intended Expedition against Canada And Whereas the s d 
John Honeyman has Represented to me that he has Reason 
to Believe he could Complete his Company within this Prov- 
ince if he could obtain My Lycence to Beat up for Volunteers 
within this Government, I Do therefore by & with the advice 
of His Majesty's Council Authorise & Empower the s d John 

1 The foregoing Journals of the Council, June 4th, 18th and 19th, and August 13th, 
1746, are printed in part in N. J. Archives, VI., 367-376, from Papers of Ferdinand 
John Paris, in the library of N. J. Historical Society. 

30 



466 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Honeyman or any Officer by him Employed to Enlist Men 
within this Province for his Majesty's Service In the intended 
Expedition against Canada, He Governing himself according 
to the Instructions herewith Given him And all his Majesty's 
Officers as well Magisterial as Ministerial are hereby required 
to be Aiding and Assisting to the s d John Honeyman in this 
Service 

JOHN HAMILTON 

Instructions to John Honeyman Esq r 

1 st With these Instructions You will Receive a Warrant 
under my hand and seal bearing equal Date with these 
Instructions, Which You are to Show to the Magistrates of 
the Town or County where you shall Choose to Beat up, Who 
will upon Sight hereof give You all possible Assistance & 
Encouragement 

2 d You are not on any Account to Enlist any Men contrary 
to An Act of the General Assembly of this Province past in 
the Last Sessions of Assembly Entituled an Act to Encourage 
the Enlisting of five hundred Freemen or well Affected Native 
Indians in this Colony of New Jersey for his Majesty's Ser- 
vice in the present Expedition against Canada, or Contrary to 
any other Law or Acts of this Colony 

3 d You are not to Enlist or Intice away any Soldier 
already Inlisted in any of the Companys Raised within this 
Province without the Leave or Consent of the Captain under 
whom they Inlisted 

4 th You are by Letter to Informe Me of the Number of 
Men You shall Inlist within this Province for his Majesty's 
Service. 

5 th In Case you should be opposed or Wrongfully Hindred 
in the Execution of this Service You are to Apply Yourself 
to the Magistrate of the Place where You shall happen to be, 
and by LetteB you are to Informe [me ?] of such Opposition 
or Hindrance that I may Give the Necessary Orders Thereon 

Be it remembered that on the Eighteenth day of August 
1746, John Cox Esq r Presented to the Honourable John 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 467 

Hamilton Esq r Commander in Chief of this Province an 
Exemplification of a Mandamus in the following Words Viz' 

George R. 

Trusty & Well beloved, We Greet you Well, We being 
well Satisfied of the Loyalty, Integrity & Ability of 
our Trusty and well beloved John Coxe Esq rl have 
thought fitt hereby to Signify Our Will and Pleasure to 
you, that forthwith upon Receipt hereof You Swear and 
admitt him the s d John Coxe to be one of our Council 
of that our Province of New Jersey in America in the 
Room of John Schuyler Esq r who has Desired Leave to 
Resign his Seat in Our s d Council on account of his 
Private Affairs And for so Doing this shall be your 
Warrant and so We bid you farewell Given at our Court 
at Kensington the 24 th day of September 1745, in the 
Nineteenth Year of Our Reign 



To Our Trusty & Well beloved 
Lewis Morris Esq r our Capt" Gen 
<fe Governour in Chief of Our 



rl 



By his Majesty's Com- 
mand 
HOLLES NEW CASTLE 



Province of Nova Csesarea or New 

Jersey in America & in his ab- / A true Copy from the 

sence to Our Commander in Chief Entry in the Office of 

or to the President of our Council my Lord Duke of New 

of Our s d Colony for the Time Castle 

being. J THO" RAMSDEN 

And His Honour the President being Satisfyed that a Man- 
damus for that Purpose had Issued & being also Satisfyed by 
the Letters that Came with the s d Exemplification that the 
Original Mandamus Was Sent in the Ship Call'd the America, 
which Ship was taken by the French And being fully Satis- 
fyed of the Writeing of Tho s Ramsden Signing, the s d Exem- 
plification and that he is a proper Person for Certifying such, 
The s d John Coxe thereon (by his Honour the President in 

John Coxe was recommended for the Council by Governor Morris, February 1st, 
1744-5. See X. J. Archives, VI., 233. 



468 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Presence of James Alexander and Robert Hunter Morris 
Esq of the Council) Took the Several Oaths appointed by 
Act of Parliament & Signed the Declaration & Oath of 
Abjuration and then Took the Oath to Perform the Office & 
Duty of one of His Majesty's Council of this Province 

At a Council held at Perth Amboy August 22 d 1746. 

Present 
The Hon ble John Hamilton Esq r President 

James Alexander Robert Hunter Morris Esq" 
John Coxe 

His Honour the President Acquainted this Board that he 
had Received a Letter from Pontius Stelle Esq' one of the 
Commissioners for Victualling & Transporting the Forces to 
be Raised in this Province Dated the 19 th Inst. Informing 
him that the Provisions & other Necessarys were all Bought 
& that the Transports were all Engaged to be ready in four 
days Whereupon this Board Advis'd his Honour to Issue his 
Orders to four of the Captains to Embark their Companys 
from this Place, as soon as they shall Receive Notice from the 
Commissioners of their being Ready & to March them here 
immediately for that Intent, And the other Viz' that under 
the Command of Campble Stevens Esq r to Embark from 
Newark & also Order the Commissioners to make such a 
Disposition of the Provisions & Transports as will best 
answer that Plan. 

This Board Also Advis'd his Honour to Recommend to the 
Commissioners the Appointing a Surgeon to Take Care of 
the Men and to Furnish him with a Chest of Medicines for 
that Purpose, Agreeable to the Powers Given them by the 
Act of Assembly, His Honour not haveing any Notice of his 
Majesty's Appointing one 

His Honour acquainted this Board that he had Received 
Letters from the Captains of the Several Companys Raised 



1746] JOURNAL OP GOVERNOR AND COUNCIL. 469 

in this Province informing him that the Office or Trust of a 
Commissary or Steward of the Stores to which They are 
appointed by the Act of Assembly for Victualling & Trans- 
porting the Forces &c. is Absolutely inconsistent with their 
Duty as Captains, And therefore Refuse to Take upon them 
that Trust, Whereupon his Honour Desired the Advice of 
this Board, Who, Considering by the refusal of these Officers 
to Accept of that Trust, And for want of a necessary Pro- 
vision in the s d Act, the Stores Provided by this Province for 
the Troops Raised here will be Lyable to be Embezzled for 
want of a Proper .Person to Take Care of Them, Do unani- 
mously Advise his Honour to Recommend it to the Commis- 
sioners to Agree with some Discreet Person proper for such a 
Trust to Undertake the Care of the Stores, Promiseing that 
such Person as they shall Agree with & Recommend to his 
Honour shall immediately have his Appointment for that 
Office. 

This Board also advised his Honour to Recommend it to 
the Commissioners to Furnish the Person who is to have the 
Care of the Stores, with a Sum of Money sufficient to answer 
all Charges that may Accrue by Transporting the Stores & 
Provisions Supplyed by this Province over Land, as in some 
Places they must be, and that such Person Give Bond to 
Account for whatever Sum he is so furnish'd with 

This Board also Advis'd his Honour to Recommend to the 
Commissioners the Provideing an Armourer to take Care of 
the Arms Provided by this Province that They may be 
always kept in proper Order for Service 

This Board also Advis'd his Honour to Acquaint the Com- 
missioners that as soon as the Troops come to this Place, he 
Intends to Issue Orders for their Immediate Embarkation, 
and for that End to order them that as soon as any of the 
Companys are ready for Embarkation to Deliver to the Seve- 
ral Captains the proper Arms Ammunition, Cloathing, Tents 
<fe other necessary s Provided according to his former Orders, 
if no Commissary be then Appointed 

His Honour acquainted this Board that none of his Majes- 



470 



NEW JERSEY COLONIAL DOCUMENTS. 



[174S 



ty's Commissions are yet come to his hands, and thinking it 
necessary that some Warrant was proper to be Given by him 
to the Officers of the several Companys Rais'd in this Prov- 
ince, in order to enable them to Exercise Authority over their 
Respective Companys, And Desiring the Advice of this Board 
thereon They are Unanimously of Opinion that Commissions 
should be Given under his Honours hand & Seal at Arms r 
by Virtue of the Power Devolved on him by his Majesty's 
Commission under the Great Seal of England, And ordered 
that such Commissions be Prepared accordingly Dated the 
twenty third Instant 

This Board also Advised his Honour to Issue Orders to 
the Captains of the Several Companys for their Embarkation, 
And also to Draw up & Deliver to them a Sett of Instruc- 
tions for their better Governing themselves on their Passage 
to the Place of General Rendezvouz. 



At a Council held at Perth Amboy August 30 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

Edward Antill James Hude Esq 
John Coxe 

His Honour the President Communicated to this Board a 
Letter he had Received from his Excellency Gov r Clinton 
Acquainting him that the Six Nations of Indians had 
Declared War against the French and also had solemnly 
Engaged to Send all their Fighting Men on the Expedition 
now Carrying on against the French Settlements in Canada 
in Conjunction with the Forces Raised in the Neighbouring 
Provinces for that Service. 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 471 

At a Council held at Perth Amboy September 27 th 1746 

Present 
The Hon ble John Hamilton Esq r President 

Robert H. Morris \ James Hude \ rs 

Edward Antill j John Coxe j 

His Honour acquainted the Board that Agreeable to the 
Advice of the Council Given him on the 22 d of August Last 
for the immediate Embarkation of the Companys Raised in 
this Province He had Issued Orders to the Commissioners 
Appointed for Arming & Cloathing 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 and Transport the Troops to prepare 
proper Vessels for that Purpose & Ship the Provisions Sup- 
plyed by this Province for the Use of the Troops. And 
being Informed by the Several Commissioners that the Trans- 
ports Provisions, Arms, Cloathing, Battows & other Neces- 
sarys were ready He Gave Orders to the Several Captains of 
the Companys Raised in this Province immediately, to Em- 
barke with the Respective Companys under their Command 
and Proceed to Albany in the Province of New York, and 
when There to Obey such Orders as They should Receive 
from the Commander in Chief of that Province for the Time 
being, & a Sett of Instructions for their better Government 
in the Embarkation and Transportations of their Companys 
to Albany. 

His Honour was also Pleased to Inform the Board that 
Agreeable to the Orders he had Given, four of the five Com- 
panys Raised in this Province were Embarked at this Place 
on the 2 d of this Ins* with the Arms, Ammunition Provisions, 
Battows & other necessarys & Sett Sail for Albany on the 3 d 
of this Instant, And that the other Company was Embarked 
at Newark on the 30 th of August Last with the several neces- 
sarys & sett Sail on the 1 st of this Instant for Albany. 

He also Informed the Board that by Letter from His 



472 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Excellency Governour Clinton dated the 19 th Ins' He had 
Received Intelligence that the Troops then At Albany were 
to be Joined by 2500 Men from the Governments of Boston 
and Connection tt and were to Proceed under the Command of 
Gen ri Waldo to Crown Point, Upon which he observ'd to the 
Board that the five Companys Sent from this Province had 
no Field Officer to Command Them and that he had not 
received any Commissions from his Majesty for that Purpose 
& Desired the Advice of the Board what to do on this occa- 
sion who takeing the Same into their Consideration are 
Unanimously of Opinion that it will be greatly Prejudical 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 Comand of them under Gen rl 
Gooch or such other General as shall be appointed to Com- 
mand, And therefore Advis'd his Honour to Issue a Com- 
mission to some proper Person by virtue of the Powers 
Devolved on him by his Majesty's Commission under the 
great Seal of Great Brittain, appointing such Person Colonel 
of the Forces Raised in this Province for the intended Expe- 
dition And Uhanimously Recommended to his Honour 
Peter Schuyler Esq rl a Gentleman well known to the Several 
Members of this Board of good Estate & Reputation and 
very proper to be by him Commissionated for that Purpose 
This Board being Informed that one of the Beacons 
Erected on the Highlands of Neversinks by the Order of his 
Honour the President agreeable to their Advice to him on the 
13 th of August Last, had been by Accident Lately Sett on 
Fire in the Night Time & also that no Notice had been 
Taken of it by the Persons Appointed in the Government of 
New York to Take & Communicate such an Alarm, Where- 
upon They Unanimously Advise his Honour the President to 

'Col. Peter Schuyler was born in Bergen county (near the present Arlington, 
Hudson county), N. J., and was a son of Arent Schuyler, discoverer and first owner 
of the Schuyler Mines in that county. He died at his residence, on the Passaic, 
opposite Newark, November 17th, 1762. A half-length portrait of him, in oil, 
dressed in a military costume, is in the collection of the N. J. Historical Society. 
See N. J. Historical Society Proceedings, I., 53, 58, 178. 179; Smith's New York, II., 
224, 257, 265 ; Smith's New Jersey, 493 ; Whitehead's Perth Amboy, 114, 115, note. 



1746] JOURNAL OP GOVERNOR AND COUNCIL. 473 

Inform the Gentlemen of his Majesty's Council of that 
Province of the neglect of the Watch Stationed There, in 
"Order that They may Take such Steps as will Prevent the 
Like for the Future 



At a Council held at Perth Amboy October 31 st 1746. 

Present 
The Hon ble John Hamilton Esq r President 

John Reading \ Rob* H. Morris \ p, 

Richard Smith J Edward Antill J 

James Hude 

Resolved that an Humble Address be Presented to his 
Majesty to Congratulate him on the Success of his Arms 
under the Command of His Royal Highness the Duke of 
Cumberland against the Rebels & to acknowledge the many 
<fe great Blessings the People of this Province Enjoy under 
His Majesty's Auspicious Reign 

Ordered that M r Smith & M r Morris Prepare & Lay 
before the Board the Draught of an Address from the Presi- 
dent & Council of this Province to His Majesty accordingly 



At a Council held at Perth Amboy November 1 st 1746 

Present 
The Hon ble John Hamilton Esq r President 

John Reading ) Robert H. Morris \ -& ^ 

Richard Smith J Edward Antill J 

James Hude 



M r Smith & M r Morris Laid before the Board a Draught 
of an Address to His Majesty Ordered yesterday, which was 
Head & Approved of And is as follows Viz* 



474 NEW JERSEY COLONIAL DOCUMENTS. [1746- 

To the Kings most Excellent Majesty 
The Humble Address of the President & Council of the 
Province of New Jersey 

Most Gracious Sovereign 

We Your Majesty's most Dutyfull & Loyall Subjects the 
President & Council of your Majesty's Province of New 
Jersey Beg Leave in the most hearty manner to Congratulate 
Your Majesty on the Success of Your Arms under the Com- 
mand of his Royal Highness the Duke of Cumberland over 
the Avowed Enemys of Your Majesty's Sacred Person your 
Royal House & of the Libertys and Happiness of the British 
Nation. Your Majesty's happy Reign, throughout the whole 
of which you have Made the Laws of the Land the Rule & 
Measure of your Government has Justly Fixed in the Minds 
of your Subjects a Gratefull Sense of the Many Blessings 
they Enjoy under your Majesty's wise & Prudent Adminis- 
tration 

The Antient and most Inveterate Enemys of the British 
Nation have with Grief Beheld the Happyness They Enjoyed 
under Your Majesty's Auspicious Reign, And Contrived, 
Encouraged & Carryed on the Late Unnatural Rebellion in 
Order to Deprive Your Subjects of that invaluable Blessing 
& to Entail upon the British Nation the Misery of Living 
under a Popish & Arbitrary Government Dictated by Romish 
Superstition and French Politicks 

May your Majesty Long Continue to Govern a Gratefull 
People made happy Rich & Glorious by your Majesty's wise 
Influence & may the Divine being from his Love of Justice 
Prosper all your Majesty's Undertakeing for the Good of 
your People and bless your Majesty with the Returns of 
Duty Love & Affection are the hearty & Sincere Prayers of ct" 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 475 

A Journal of the Proceedings of His Majesty's Council 
for the Province of New Jersey, at a Session begun 'and 
holden at the City of Perth Amboy. 

The House met on Wednesday June 11 th 1746 agreeable 
to His Majestys Writt of Prorogation to 1 Nov r 1746 

Present. 
The Hon e John Reading ") 

James Alexander 



Robert Hunter Morris }> Esq 
Edward Antill 
James Hude 



The House Continued till Thursday June 12 th 

* Esq r 



Present. 

The Hon e John Reading James Alexander \ 

Robert Hunter Morris Edward Antill James Hude j 



His Honour the President came into Council & a Message 
from the House of Assembly by M r Stelle & M r Cooper being 
delivered to him acquainting him that a Sufficient Number 
of the Representatives were met to proceed on Business, he 
was pleased to order the Clerk of the Council to require the 
Attendance of that House immediately at the Council Cham- 
ber, And they Attending His Honour was Pleased to make 
a Speech to both Houses in the words following. 

Gentlemen of the Council and Assembly, 

The Government of this Province having [devolved upon 
me ?] by the Death of his Excellency Lewis Morris Esq r late 
Governor of this Province and by Virtue of His Majestys 
Letters Patent, which Constituted him Governor; I take 
this Opportunity to acquaint you thereof and that on the first 
day of this Month I received a Letter from the Duke of New 
Castle His Majesty's Principal Secretary of State, directed 
to His Said Excellency or the Commander in Chief of this 



476 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Province for the time being, with other Letters to the 
Governors of his Majestys Colonys on this Continent to the 
Southward as far as Virginia which I immediately forwarded 
by an Express to the Governor of Pennsylvania which Letter 
I Laid before you Gentlemen of the Council on the fourth 
Instant who thereon Unanimously advised me forthwith to 
meet the General Assembly of this Province, and by reason 
of my present ill state of Health to prorogue them to meet 
here upon the Eleventh day of this Instant, being the 
Shortest time that was conceived possible to give Notice 
thereof to the Severall Members and for them to meet : and 
I forthwith Sent Expresses to the Several Members of the 
General Assembly to meet here accordingly. 

The Matter that will demand your earliest care, & which 
I am commanded by his Majesty to recommend to you in the 
Strongest Manner is the joining heartily in promoting the 
Expedition which his Majesty has been pleased to undertake 
against the French at Canada, This Undertaking the particu- 
lars of which you will See by the Duke of New Castle's Let- 
ter (the Contents whereof I shall order to be laid before you) 
Seems So Justlycalculated for the Benifit future Safety and 
perpetual peace of all his Majesty's Colonies on the Continent 
of America, that we cannot Enough admire his Majesty's 
Royall Goodness and favour towards^ his American Subjects 
manifested on this Occation : And therefore I cannot in 
the Least Doubt but you will Exert yourselves at this time, 
and fall upon the most effectual measures to promote and 
encourage an undertaking so Beneficial to us all and thereby 
Show your Duty to the best of Kings, and your Zeal for the 
Interest of your Country, which nothing can advance more 
than the Success of this Expedition. 

I shall avoid laying any Business before you at present 
which may interfere with your immediate consideration of 
what I have recommended to you, or is not necessary to be 
gone through for promoting it, & Shall Supply what I have 
omitted here, in respect of other Exigincies of this Province 
by Subsequent Messages. 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 477 

Gentlemen. 

As this Expedition is of the utmost Importance to us all, 
the Season of the year far advanced, and the time you have 
for Acting your part of necessity must be Short ; I heartily 
recommend to you the utmost Zeal Unanimity and Dispatch 
in the Business under your Consideration. 

JOHN HAMILTON 

And the House of Assembly having left the Chamber his 
Honour withdrew. 

Ordered that his Honours Speech be read which was read 
accordingly. 

Resolved 

That an Humble Address be presented to His Honour in 
Answer to his Speech 

Ordered 

That M r Alexander M r Morris and M r Hude or any two of 
them be a Committee to prepare & lay before the House a 
Draught of an Address to his Honour. 

The House Continued till Fryday June 13 th 

v 

Present 

The Hon e John Reading ") 

James Alexander 
Robert Hunter Morris } Escj 
Edward Antill 
James Hude 

M r Morris from the Committee appointed to prepare a 
Draught of an Address to his Honour reported that they had 
Accordingly prepared the Draught of an Address which he 
was ready to lay before the House when they would please to 
receive the Same 

Ordered. 

That it. be laid before the House Immediately. 

The Said Draught being ready was approved of and is as 
follows, 



478 NEW JERSEY COLONIAL DOCUMENTS. [1746 

To the Honourable John Hamilton Esq r President of His 
Majestys Council and Commander in Chief of the Province 
of New Jersey. 

The Humble Address of His Majestys Council for the said 
Province in General Assembly met. 

We His Majestys Council for the Province of New Jersey 
take Leave to return your Honour our most hearty thanks 
for your Speech upon the Subject of the intended Expedition 
against the French Settlements at Canada. 

This Expedition which has taken its rise from his Majestys 
Care of these his remote Dominions and from his Royal 
Consideration of the many. Dangers and Insults his Subjects 
here are continually exposed to, fill our minds with a just 
Sence of His Majesty's Paternal Care and Goodness. 

With hearts filled with Gratitude towards the best of Kings 
we beg leave to assure your Honour that we shall heartily 
join in promoting and Encourageing this important Service 
and as well in our private as our public Capacity, we shall 
make it our business as we think it our Duty to give all the 
encouragement in our power to an Undertaking the Success 
whereof cannot but be productive of Lasting benifits to the 
Trade & Commerce of Britain and to all His Majestys 
Colonys on the Continent of America. 

Ordered , 

That the said Address be Engrossed. 

Ordered 

That M r Morris do wait on his Honour the President, and 
Acquaint him that this House have Agreed to an Address to 
His Honour and desire to know whom 1 he will be pleased to 
receive the same. 

M r Morris Reported that he had waited on His Honour to 
know when he would please to receive the Address and he 
was pleased to appoint this afternoon at three o'clock. 

The House Continued till 3 O'Clock P. M. 

1 When. 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 479 

Present 

The Hon e John Reading "| 

James Alexander 
Rob' Hunter Morris '} Esq rs 
Edward Antill 
James Hude J 

The House according to His Honours appointment waited 
on his Honour with their Address and being returned M r 
Speaker Reported that they had waited on His Honour with 
their Address, to which he was pleased to Return the fol- 
lowing Answer. 

Gentlemen. 

I return you my hearty thanks for this kind Address, the 
Oratefull Sence you Express of His Majesty s care and good- 
ness and your Zeal for the Interest of your Country is highly 
pleasing to me ; I sincerely wish our Joint Endeavours may 
be attended with Success, and Shall through the whole course 
of it greatly depend on you for your advice and Assistance in 
this Important aifair. 

JOHN HAMILTON. 

The House Continued till Saturday June 14 th 

Present. 

The Hon e John Reading ^ Rob' H. Morris ^ 

James Alexander > Esq rs Edward Antill > Esq rs 

John Rodman J James Hude J 

His Honour the President came into the House and hav- 
ing received a Message from the House of Assembly by M r 
Low and M r Hancock desiring to know when that House 
might attend him with their Address was pleased to order 
the Clerk to Acquaint that House that he was ready imme- 
diately in the Council Chamber. 

The Clerk of the Council having delivered the Message 
from His Honour to the House of Assembly they accordingly 



480 NEW JERSEY COLONIAL DOCUMENTS. [174 

came to wait on his Honour with their Address which is it; 
the words following. 

To the Honourable John Hamilton Esq r President of His 
Majestys Council and Commander in Chief of the Province 
of New Jersey. 

The Humble Address of the House of Representatives of 
the Colony of New Jersey in General Assembly met. 

May it Please your Honour 

We His Majestys most dutifull and Loyal Subjects the 
Representatives of the Colony of New Jersey now in General 
Assembly Convened humbly beg leave to return your Honour 
our hearty thanks for your favourable Speech to both Houses. 
We readily acknowledge what you have been pleased to com- 
municate to us, that the Government of this Province had 
devolved on you by the Death of His Excellency Lewis 
Morris Esq r late Governour thereof, and by virtue of His 
Majestys Letters Patent which Constituted him Governor. 

We are sorry for your Honours present ill State of Health, 
and heartily wi^h you a good Recovery ; towards which we 
beg leave to assure you we will Contribute all in our power 
by using our Utmost Endeavours to render your Administra- 
tion quiet and Easie. 

Your early care and great Diligence in immediately send- 
ing Expresses and convening the General Assembly of this 
Colony upon this Extraordinary Occation we look upon as 
an Instance of your Hearty Attachment to the Common 
Cause. 

We on our parts forthwith proceeded to take the Matter 
referred to in your Honour's Speech into our Serious Con- 
sideration, And we agree with you that we cannot Enough 
admire his Majestys Royal Goodness and favour towards his 
American Subjects manifested in the Expedition he has been 
pleased to order against the French at Canada. An Under- 
taking we own to be justly calculated for the benifit future 
Safety and perpetual peace of all His Majestys Colonies upon 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 481 

the Continent of America, and which we gratefully acknowl- 
edge as a fresh Instance of His Paternal care of us, and that 
he is not Unmindfull of the Welfare and Preservation even 
of his remotest Subjects. 

And to shew our Zeal and Sincerity upon this Important 
Occation we have already resolved to provide for five hundred 
Volunteers to be raised in this Colony for the present Expe- 
dition in the following Manner. 

We have unanimously resolved to give a Bounty of Six 
pounds to every private Soldier (being a Freeman) or Native 
well affected Indian who shall inlist in the Said Service, 
besides the Pay allowed them by the King. 

We have unanimously resolved to furnish them with pro- 
visions and other Necessarys thereto appertaining agreeable 
to his Majestys Royall Will & Pleasure Signified in the Duke 
of New Castle's Letter. 

We have also taken that part of His Graces Letter into 
our Consideration which relates to Arms and cloathing for 
the Men to be raised, and which is recommended to the Care 
of the Several Governors to provide, and not knowing of any 
Publick Money which you can apply for this Service, there- 
fore to render your Honours Administration the More Easie, 
and to shew our honest and hearty Intentions to promote and 
forward every projection that may tend to the Publick Good 
we have also Unanimously resolved to furnish the Voluntiers 
which shall be raised in this Colony as aforesaid with Arms 
Ammunition and Such Cloathing as our Present Circum- 
stances will admit of, as doth Appear by our Said Resolves, 
And shall order an Accompt of this part of the Supplies to 
be laid before your Honour desiring you to apply to Lieu- 
tenant General S* Clair, for a reimbursement thereof to the 
Province, whom his Majesty hath Authorized, and impowered 
to make a reasonable allowance for defraying that Expence 
as appears by the Duke of New Castle's Letter afore- 
mentioned. 

And we shall proceed to take unto our further considera- 

31 



482 NEW JERSEY COLONIAL DOCUMENTS. [1746 

tion the ways and Means of raising this Supply in a Method 
the most Expeditious & Least Burthensome to the people we 
represent, & suitable to the present low Circumstances of the 
Colony for which purpose we have added a Bill to be brought 
into our House for making current twenty thousand pounds 
in Bills of Credit and for applying so much of the said sum 
as shall be Necessary for the Present Service and also making 
provision therein for sinking the said Bills of Credit, with- 
out which Paper Credit it would be impracticable for us at 
present to raise the Money any other way, not doubting of 
His Majestys Royal Favour & Good Disposition towards his 
Loyal Subjects of New Jersey, in approving of their Proceed- 
ings upon this Sudden Emergency. 

We beg leave to observe to your Honour that what we 
have now and heretofore done upon Such like occations hath 
always been with the greatest chearfulness and Dispatch in 
which we have exerted our Selves to the Utmost of our power 
and Abilities for the Advancement of His Majestys Honour 
and the Common Goods of His Subjects and have thereby 
Shewn our duty & Loyalty to the best of Kings and our Zeal 
for the Interest *>f our Country. 

By order of the House. 

ROBERT LAWRENCE Speaker. 

To which His Honour was pleased to return the following 
Answer. 

Gentlemen. 

I heartily thank you for this Address. The gratitude you 
therein Express for His Majestys goodness, and the Zeal and 
Unanimity with which you have proceeded and resolved to 
proceed in answering his Just Expectations cannot but greatly 
recommend you to his favour and to the good will of all who 
have the Interest & Safety of the Blritish Colonies at Heart. 

The Assurances and Marks you give of your Endeavours 
to render my Administration quiet and Easie I gratefully 
accept and in return Assure you, that I shall not be wanting 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 483 

in what's in my power to do a for the public Good, and Honour 
and Interest of this Colony. 

And then the House of Assembly withdrew. 
The House Continued till, 

Wednesday June 18 th 

Present 

The Hon e John Reading ^ Rob* H. Morris ^ 

James Alexander I Esq rs Edward Antill V Esq 

John Rodman J James Hude J 

The House Continued till 



Thursday June 19 th 

Present. 

The Hon* John Reading ^ Rob 1 H. Morris ^ 

James Alexander V Esq Edward Antill > Esq rs 

John Rodman J James Hude J 

The House Continued till 

Fryday June 20 th 

Present 

The Hon e John Reading ^ Rob' H. Morris -j 

James Alexander >Esq r " Edward Antill >Esq 

John Rodman J James Hude J 

The House Continued till 

Saturday June 21 8t 

Present. 

The Hon e John Reading ^ Rob* H. Morris ~j 

James Alexander > Esq ra Edward Antill > Esq rs 

John Rodman J James Hude 



484 NEW JERSEY COLONIAL DOCUMENTS. [1746 

The House Continued till Tuesday June 24 th 

Present. 

The Hon 8 James Alexander ~) 
John Rodman 

Richard Smith '} Esq" 

Rob Hunter Morris j 
James Hude. 

The House Continued till Wednesday June 25 th 

Present. 

The Hon 8 James Alexander ") 
John Rodman 

Richard Smith I Esq rs 

Rob* Hunter Morris j 
James Hude J 

M r Nevill and M r Stelle from the House of Assembly pre- 
sented for the concurrence of this House the Bill Entituled 
An Act to encourage the Enlisting five hundred Freemen or 
Native well affected Indians in this Colony of New Jersey 
for His Majestys Service in the Present Expedition against 
Canada for making Provision for their Subsistence for four 
months for Transporting them to Albany in the Province of 
New York and for the Defraying the Expence thereof out of 
the Interest money arising by the Loans of the Bills of Credit 
of this Colony, 

Which Bill was read and Ordered a Second reading. 

The House Continued till Thursday June 26 th 1746. 

Present. 

The Hon e James Alexander ~) 
John Rodman 
Richard Smith I 
Rob* H. Morris ' J 
Edward Antill 
James Hude 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 485 

The Bill Entituled an Act to Encourage the Enlisting five 
hundred Freemen or Native well affected Indians &c. was 
read a Second Time and referred to the Gentlemen of the 
Council or any three of them. 

The House Continued till 3 P. M. 

Present 

The Hon* James Alexander 
John Rodman 
Richard Smith 



Rob* Hunter Morris 
Edward Antill 
James Hude 



Esq" 



M r Low and M r Spicer from the House of Assembly Pre- 
sented for the Concurrence of this House a Bill Entituled an 
Act for making current ten thousand Pounds in Bills of 
Credit to Enable the Hon ble John Hamilton Esq r Commander 
in Chief of this Colony or the Commander in Chief for the 
Time being to Defray the Expence of Arming and Cloathing 
the forces to be raised in this Colony for his Majesty Service 
in the Present Expedition against Canada & Directing the 
Method of Sinking the said Bills of Credit 

Which Bill was read the first Time & Ordered a Second 
reading. 

The House Continued till Fryday June 27 th 

Present. 

The Hon" James Alexander 
John Rodman 

Richard Smith -,-, 

> ESQ 
Rob' Hunter Morris ,' 

Edward Antill 
James Hude 

The Bill Entituled An Act for Making Current ten thou- 
sand pounds in Bills of Credit to Enable the Hon 9 John 



486 NEW JERSEY COLONIAL DOCUMENTS. [174G 

Hamilton Esq r &c. was read a Second time and Committed to 
the Gentlemen of the Council or any three of them. 

M r Hude from the Committee to whom the above Bill was 
referred reported the Same without Amendment. 

Which Bill having been read the third time. 

Resolved 

That the same do pass. 

Ordered that the Speaker do Sign the Same. 

M r Morris informed the House that His Honour the 
President was willing to Extend His Majestys Mercy to any 
person guilty of any Crime under the Degree of Felony 
without Benefit of Clergy, who should Voluntarily Enlist and 
Serve on the Present Expedition against Canada and was 
willing that the same might be Enacted. 

M r Morris from the Committee to whom the Bill Entituled 
An Act to Encourage the Enlisting of five hundred Freemen 
or Native Well Affected Indians for His Majestys Service & c 
was referred reported the Same without Amendment. 

Ordered 

That the said Bill be read the third Time. 

Resolved 

That the Same do pass. 

Ordered 

That the Speaker do sign the Same. 

Ordered 

That M r Hude do acquaint the House of Assembly that 
the Bill Entituled An Act to Encourage the Enlisting of five 
Hundred Freemen or well affected Native Indians in this 
Colony of New Jersey for his Majesty's Service in the present 
Expedition against Canada & And also the Bill entitled An 
Act for making current Ten thousand pounds in Bills of 
Credit to Enable the Hon* John Hamilton Esq r Commander 
in Chief of this Colony or the Commander in Chief for the 
time being to defray the Expence of Arming and Cloathing 
the forces to be raised in this Colony for his Majestys Service 
in the Present Expedition against Canada and directing the 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 487 

Manner of Sinking the said Bills of Credit were Severally 
passed by this House this day. 

The House Continued till, Saturday June 28 th 

Present 
The Hon 6 John Alexander 1 Esq r Presid. 

James Alexander 

John Rodman 

Richard Smith }> Esq rs 

Rob* Hunter Morris j 

Edward Antill 

His Honour the President having by the Secretary Com- 
manded the Attendance of the House of Assembly they 
Attended and His Honour was Pleased to give his Assent to 
the following Bills. 

1. An Act to Encourage the inlisting of five hundred 
Freemen or Native well Affected Indians in this Colony of 
New Jersey for His Majesty's Service in the Present Expedi- 
tion against Canada : For making Provision for their Sub- 
sistance for four months For transporting them to Albany in 
the Province of New York : And for defraying the Expence 
thereof out of the Interest Money Arising from the Loans 
of the Bills of Credit of this Colony. 

2. An Act for making Current ten thousand pounds in 
Bills of Credit to Enable the Honourable John Hamilton 
Esq r Commander in Chief of this Colony or the Commander 
in Chief for the time being to defray the Expence of Arm- 
ing & Cloathing the forces to be raised in this Colony for His 
Majestys Service in the Present Expedition against Canada, 
and Directing the Manner of Sinking the said Bills of Credit. 

Then was pleased to make the following Speech. 

Gentlemen of the General Assembly. 

I thank you for this Seasonable Supply for promoting the 
Expedition, and for your Zeal & Dispatch in the Grant of it. 

1 Clearly ail error, for John Hamilton. 



488 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Gentlemen of the Council & General Assembly. 

There have been two most notorious Riots at Newark 1 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 Prisoners 
therein Lawfully Detained were Taken out and carried away 
in Triumph : His Majestys Known Officers beat & abused in 
the Lawful 1 Exercise of their Offices and this was done at 
one time by about 150, at the other by upwards of 300 Men, 
and at both times they gave out that they could have twice 
the Numbers if they were necessary, and all this was done for 
no other reason but because a Man was Sued in a Common 
Aciion of Trespass, for cutting Timber on Some Lands that 
he had a claim to : And it was then and I am told is now 
given out that those 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 afraid of being punished for these Crimes. 
All the Methods that it was prudent for the Government to 
Use have been taken to put a Stop to this growing Evill, 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 Delinquents 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 Britain, and 
flying in the Face of the Government and obstructing the 
Course of Legal Proceedings and owning and avowing this 
& boasting in their Numbers and Strength to protect them- 
selves against the Laws is of Such dangerous Consequence to 
his Majestys Authority in his Plantations, that unless we Fall 
upon 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 British Parliament which may be too 
heavy for us to bear. 

I therefore in His Majestys Name recommend to you to 

1 See N. J. Archives, VI., 297, 397. 



1746] JOURNAL OP THE PROVINCIAL COUNCIL. 489 

proceed with the utmost Dispatch in Such vigorous Measures 
as may be most conducive to restore the Peace and Tran- 
quillity of the Province that the Laws may again have their 
due course, and his Majestys Subjects may be again at Liberty 
to take the Benifit of those Laws. 

You can't be Ignorant that the Government has been with- 
out any Support for Nigh two years and that there is a Con- 
siderable Debt due to y* Several Officers of the Government, 
and those whose time has been employed in the Service of 
the Public : I must therefore recommend to you to make 
provision for the payment of those Debts and for the future 
payment of the Government, which I Shall Expect will be 
done in as ample a Manner as has been hitherto Usual. 

My love for the Province will be a Sufficient Inducement 
to me to do every thing for its Interest and Prosperity con- 
sistent with His Majestys Royal Instructions. 

These things Gentlemen are what I have at Present to 
recommend to your Consideration but if your continuing 
Longer together at this Busy Season of the year will be pre- 
judicial to your Private Affairs I am willing to grant you a 
Recess, and you have my Leave to adjourn yourselves for a 
fortnight at a time until I shall by Circular Letters order 
you to Meet ; or you may Now proceed to Business. 

JOHN HAMILTON. 



At a Council Held at Perth Amboy October 23 d 1746 

Present 

The Hon ble John Reading Esq r Speaker -) 

Richard Smith Edward Antill Robert H. Morris ^ Esq" 
James Hude John Coxe 

M r Stelle informed the House that M r Kearny & him- 
self were Ordered by the House of Assembly to bring up two 
Bills, the one Entituled an Act for the Support of Govern- 
ment of His Majesty's Colony of New Jersey for one Year to 



490 NEW JERSEY COLONIAL DOCUMENTS. [1746- 

Commence the 22 d day of May 1746, And to End the 22 d 
day of May 1747, And to Discharge the Arrearages & Con- 
tingent Charges Thereof And the other Entituled an Act to 
make Current Eight hundred & fifty pounds in Bills of 
Credit for the further Victualling the Forces Lately Raised 
in New Jersey on an Expedition against Canada for their 
Concurrence. 

The Bill for the Support of Government &c was Read the- 
first Time and Ordered a Second Reading 

The Bill to make Current Eight hundred & fifty pounds 
in Bills of Credit for the further Victualling the Forces &c 
was Read the first Time and Ordered a Second Reading. 
Then the House Continued till 3 o'Clock P. M. 



At 3 o'Clock P M. The House Mett & 
Present as above 

The Bill to make Current Eight hundred fifty Pounds in 
Bills of Credit for the further Victualling the Forces &c was 
Read the Second Time and Committed 

The House Continued till to toMorrow Morning 9 o'Cloek 

October 24 th The House Mett 

Present 
The Honb le John Reading Esq r Speaker. 

Richard Smith "I Edward Antill 1 E 

Robert H. Morris / James Hude / 

John Coxe 

The Bill for the Support of Government &c was Read the 
Second Time On which this House are Unanimously of 
Opinion that the s d Bill Ought to be rejected for the follow- 
ing Reasons 

1 st For that in the s d Bill no Sallery is Given to a Gover- 



1746] JOURNAL OF THE PROVINCIAL COUNCIL. 491 

nour from the 23 d of September 1744, to the 21 st of May 
1746, Although it is well known to Us that a Governour 
duly Commissioned did Reside among Us during that Time, 
And that by him the Government all that Time was duely 
and Justly Administered, and that no Reason either in the 
s d Bill or otherwise Appears to this House for that Omission 

2 d For that in the s d Bill Provision is made for the Ser- 
vices done by the Members of the Council, the Representa- 
tives of the Province & sundry Officers of the Government 
from the year 1743, Whereas sufficient Provision has been 
made for the Same to the 23 d of September 1744, by an Act 
Passed in the year 1743, for the Support of the Government 
And for Sundry other Defects in the s d Bill 

M r Morris from the Committee to whom the Bill Entituled 
an Act to make Current Eight hundred & fifty pounds in 
Bills of Creditt &c was Referred Reported the Same without 
Amendment 

Ordered that the s d Bill be Read the third Time which 
was done accordingly 

Resolved that the Same do Pass 

Ordered that the Speaker do Sign the same 

M r Morris from the President informed the House that it 
was his Pleasure They should Continue till Wednesday next 
being the 29 th Inst, And then to Meet at this Place 

And the House Continued accordingly 

October 29 th The House Mett 

Present 
The Hon* John Reading Esq r Speaker 

Richard Smith \ Edward Antill 1 Eg 

Robert H. Morris / James Hude J 

The House Continued to October 30 th 

The House Mett Present as Yesterday And Continued to 
October 31 st 



492 NEW JERSEY COLONIAL DOCUMENTS. [1746 

The House Mett Present as Yesterday And Continued to 
November 1" 

The House Mett Present 

The Hon ble John Reading Esq r Speaker 

Richard Smith Edward Antill \ r8 

Robert H. Morris James Hude J 

Ordered that M r Smith do Wait on the House of Assembly 
<& Acquaint Them that the Bill Entituled an Act to make 
Current Eight hundred & fifty Pounds in Bills of Creditt 
<&c Passed this House on the 24 th day of October Last And 
that They have no further Business before .Them 

M r Smith Reported that he had Obeyed the above Order 

His Honour the President Came into Council & haveing 
by the Secretary Commanded the Attendance of the House of 
Assembly They attended accordingly And his Honor was 
Pleased to Give his Assent to the following Bill 

An Act to make Current Eight hundred and fifty Pounds 
in Bills of Creditt for the further Victualling the Forces 
Lately Raised fti New Jersey on an Expedition against 
Canada And it was immediately Published in the Presence of 
both Houses 



Att a Council held at Perth Amboy in the Province of 
New Jersey December 8 th 1746. 

Present 
The Honb le John Hamilton Esq r President 

Robert Hunter Morris James Hude Esq 
John Cox 

His Honour the President having received Information 
upon Oath that one Thomas Clawson 1 together with diverse 

'See N. J. Archives, VI., 117. 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 493 

other Persons who lately broke open the Goal in the County 
of Somerset have Threatened to bring a number of Men from 
Newark & other parts of this Province & with Force & Arms, 
with the assistance of those Men, to Pull down or Ransack 
the house of Samuel Nevill Esq r one of his Majesty's Judges 
of the Court of Pleas for the County of Middlesex in open 
Violation of the Laws of this Province & Contempt of his 
Majesty's Authority, Which being Communicated to this 
Board & his Honour Desireing their Advice & Assistance 
Thereon, They are unanimously of Opinion that a Warrant 
should Issue to the Sherriff of the County of Middlesex or to 
his Lawfull Deputy Commanding them or either of them to 
apprehend the s d Thomas Clawson or any other Person or 
Persons who shall Assemble Themselves together for that 
Purpose & them safely & Securely Keep in his Custody 
untill they shall be delivered therefrom by due Course of 
Law. And also (if necessary) to Raise the Posse of s d County 
& Cause them to be armed & arrayed in a Warlike Manner 
& in Case the s d Sherriff & his Deputy or either of them 
should be Resisted in Executing the s d Warrant then to Use 
that Force to Repell such Resistance. 

Ordered that a Sett of Instructions be given to the s 4 
Sherriff or his. Deputy for their better & more Effectual Exe- 
cuteing the above mentioned Warrant. 



Att a Council held at Perth Amboy in the Province of 
New Jersey December 9 th 1746. 

Present 
The Honble John Hamilton Esq r Presid 1 

Robert Hunt : Morris James Hude Esq" 
John Cox 

His Honour the President being duely informed that 
Severall evill Dispos'd Persons within this Province have at 



494 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Diverse Times Assembled themselves together in a tumultuous 
<fe Riotous Manner & have with Violence broke open the 
Goals of the Countys of Essex & Somerset & Delivered & 
Rescued from thence Diverse Prisoners Legally Confined 
therein by due Process of Law regularly Issued out of the 
Supream Court of Our Lord the King for this Province have 
Beat and Abused his Majesty's known Officers in the Lawfull 
Exercise of their Respective Dutys And have also with force 
& Arms Removed divers Persons from the quiet & Peaceable 
Possession of their Plantations without Pursueing the Regu- 
lar Course of the Law And that Numbers of People in 
different Parts of this Colony have Associated themselves 
together with the s d Rioters & Entered into a Combination & 
Confederacy to Obstruct the Course of Legal Proceedings and 
Protect themselves ag' the Laws of the Country in open 
Violation thereof which his Honour Communicated to this 
Board & Desiring their Opinion what Steps are necessary to 
be taken in order to putt a Check to so growing and dangerous 
a Confederacy do Unanimously advise his Honour to Issue 
a Proclamation under his hand & the Seal of the Province 
Commanding th0 Sherriffs of each County within this Prov- 
ince that They Apprehend & Take any Person or Persons 
who shall unlawfully Assemble themselves together in tumul- 
tuous & Riotous Manner & them safely Keep in the Goal of 
the County where they shall be so taken untill they are 
Delivered from thence by due Course of Law And also Com- 
manding each of the s d Sherriffs (if they shall Judge it 
necessary) to Raise the Posse of their several Countys & 
Cause them to be Armed & Arrayed in a Warlike manner 
and in Case the s d Sherriffs or those Acting under them are 
Resisted in the Execution of the s d Proclamation then to Use 
that Force to Repell such Resistance, And also Commanding 
all Officers Civil and Military & all other his Majesty's Liege 
Subjects to be aiding Assisting & Obedient to the s d Sherriffs 
in the Execution of their Respective Dutys thereby Required. 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 495 

Alt a Council held at Perth Amboy in the Province of 
New Jersey December 10 th 1746. 

Present 
The Hon ble John Hamilton Esq r Presid' 

John Reading \ James Hude \ rs 

Rob' H. Morris j John Cox / 

The Proclamation Advis'd Yesterday, was Prepared Ex- 
amin'd and Approved of and Ordered to be Published 

Ordered that the Proclamation (after it is Published) be 
sent to M r Franklin Printer in Philadelphia with Directions 
to him to make one hundred Copys of it and send them to 
his Honour the President, who is to send Ten Copys of it to 
every Sherriff in the Province Commanding them to Fix up 
some of them in the most Publick Places & Disperse the 
others as they think proper within their Several Bailiwicks. 

Ordered that a Sett of Instructions be prepared & Sent to 
every Sherriff with the Copys, of the Proclamation for their 
more Effectual Putting the same in Execution 

Agreed & Ordered that a Proclamation be made out 
immediately under the President's hand & the Seal of the 
Province with a Sett of Instructions & sent to the Sheriff of 
Somerset 



Att a Council held at Perth Amboy in the Province of 
New Jersey March 18 th 1746. 

Present 
The Hon ble John Hamilton Esq r Presid* 

Robert H. Morris Edward Antill Esq 
John Cox 

His Honour Communicated to this Board a Letter he had 
Received from Peter Schuyler Esq r Colonel of the New 
Jersey Regiment at Albany dated the 26 th of February Last 



496 NEW JERSEY COLONIAL DOCUMENTS. [174(> 

Informing him That the Men were Generally in Health, but 
that They were in want of a Surgeon's Mate & Medicines, 
Shirts for the Soldiers, Flints & Colours, that the Bread & 
Pease were expended & that he had Purchas'd those Articles 
& that the Beef & Pork would be expended by the twentyeth 
of March, and Desired the Advice of the Board on this 
Occasion And thereupon the Council Advis'd his Honour to 
order the Commissioners for Arming & Cloathing the Forces 
raised in New Jersey to Certify to him what money Remained 
of the Ten thousand Pounds Lent by the Province of New 
Jersey to his Majesty, and also to Direct the Victualling 
Commissioners to Certify to him what Provisions were sent 
by them to Albany & what Sum Remained in their hands. 
And if it should appear to his Honour that the Commis- 
sioners have not Money in their hands to Supply the Regi- 
ment with Necessarys Then They advise his Honour to call 
together the General Assembly in Convenient Time to 
Request a further Supply for the s d Forces 

His Honour Acquainted the Board that there being an 
Absolute Necessity that his Majesty & his Ministers should 
be Informed of "the State and Condition of this Province of 
the many great Riotts, Publick Breaches of the Peace & 
other Contempts of His Majesty's Authority & Laws & find- 
ing himself in a bad State of Health He had Requested M r 
Alexander & M r Morris two of the Members of this Board 
to Lay such a State of the Province before his Majesty's 
Principal Secretary of State & Lords Commissioners for Trade 
& Plantations, His Honour also acquainted the Board that 
he had Receiv'd a Letter from those Gentlemen dated at 
New York January the 7 th which he Communicated to this 
Board And also Laid before them several Letters wrote by 
the s d Alexander & Morris to his Grace the Duke of New- 
castle & the Lords Commissioners for Trade & Plantations, 
And also a State of Facts Relateing to the several 1 Riotts & 
other Disturbances in the Province which those Gent 8 had 
drawn up & Sent home to his Majesty's Ministers & Desired 
the Board would Look over & Examine the s d Letters & 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 497 

State of Facts, and if any material Fact was omitted or 
anything misrepresented that they would mend it in such Part 
Whereupon the the s d Letters were Read & the Board took 
Time to Consider them & the State of Facts till to MorrcAv, 
And ordered that the s d Letter from Mess 18 Alexander & 
Morris to his Honour should be Entred upon the Minutes 
And is as follows 

New York January 7 th 1746/7 
Sir 

In Pursuance of your Request to Us (because your ill 
State of Health disabled you) to Lay a State of the Province 
of New Jersey before his Majesty's Secretary of State & 
Board of Trade, We accordingly made such State from the 
Vouchers Referred to on the Mergine thereof & Sent one 
Copy thereof with a Letter to the Duke of New Castle & 
annexed to that State the following Vouchers Viz* 

The New York Weekly Post Boy of February 17 th 1745/6 

The Publication of the Council of Proprietors of March 
27 th 1746. 

M r Nevil's Speeches to the Assembly in Answer to the 
Newark Petitions in Post Boys of May 19 th & 26 th 

Proposeals of the Rioter's Committee to the Assembly which 
were Delivered to the Gov r with s d Petitions. 

Johnston's Affidavit of Delivery of Notice of the Matter 
of Ogden's Penult Paragraph of his Letter Printed in s d 
Publication Page 9, which Notice was Denyed by s d Pro- 
poseals 

Letter of June 30 th 1746, Of the Council of Proprietors 
Complying with s d Proposeals of the Rioter's Committee 

Affidavit of Service of it, & Copy Declaration in Ejectment 

Paper delivered by Nathaniel Camp one of the Rioters 
Committee to Elisha Parker Attorney of the Proprietors in 
answer to the s d Letter of June 30 th 

Elisha Parker's Letter of August 29 th in Answer to the s d 
Paper Delivered by Nathaniel Camp with Certificate by 
David Ogden of his Delivery of the Original 

32 



498 NEW JERSEY COLONIAL DOCUMENTS. [1746 

Elisha Parker's Affidavit that the Rioter's Committee have 
done Nothing in Pursuance of his s d Letter 

Printed Minutes of the Assembly of the Session beginning 
the 25 th September 1745 

Printed Minutes of the Assembly at Trenton in Spring of 
1745/6 

Printed Milita Act past at that Session 

Printed Minutes of Assembly June 1746. 

Printed Minutes of Assembly October 1746. 

Copy Minutes of Council of June 11 th 1746, to June 28 th 
Inclusive 

Copy Minutes of Council Aug* 13 th to September 27 th 
Inclusive 

Copys of Warrants from the President to Commissioners of 
the Forces dated June 28 th & August 22 d 1746. 

Which State with those Vouchers We Procured to be bound 
together and Covered with Marble Paper 

We beg Leave further to Acquaint You that We Sent 
another Copy of the s d State with a Letter to the Board of 
Trade & Annexed to that State the following Vouchers Viz' 

Post Boy of February 17 th 1745/6 

Proprietor's Publication of March 25 th 1746. 

M r Nevill's Speeches to the Assembly 

Which were all the Vouchers We could Gett ready to Send 
Therewith 

Herewith you have Copys of the s d State & Letters. We 

JA ALEXANDER 
ROB' H. MORRIS 

Att a Council held at Perth Amboy in the Province of 
New Jersey March 19 th 1746. 

Present 
The Hon ble John Hamilton Esq r President 

Robert H. Morris Edward Antill Esq" 
John Coxe 



1746] JOURNAL OF GOVERNOR AND COUNCIL. 499 

The Board haveing taken into their Consideration the State 
of Facts and Letters Transmitted to England by the & d James 
Alexander & Robert Hunter Morris Esq r are Unanimously 
of Opinion that the Facts Contained in the Representation to 
the Ministry are justly Stated And that They have faithfully 
Discharg'd the Trust in them Reposed by his Honour the 
Presid' in their Account of the Situation & Circumstances of 
the Province. 

His Honour Communicated to the Board a Letter he 
Receiv'd this day from Col. Peter Schuyler dated 9 th Ins e 
Acquainting him of the Number of Men in the Several 
Companys under his Command by Returns made by the 
Capt" of s d Companys, which he had Transmitted to his 
Honour And appears to be as follows Viz' 

In Capt" John Dagworthy's Company Eighty five private 
Men on Duty five Dead, Ten Deserted, which with the three 
Commission'd Officers makes in all One hundred & three. 

In Capt" James Parker's Company, Seventy two Private 
Men on Duty one Absent on Furloe, two in the Fort at 
Albany, one Discharg'd Six Dead Sixteen Deserted which 
with the three Commissioned Officers makes in all One hun- 
dred and one. 

In Capt" Nathaniel Wares Company, Eighty two Private 
Men on Duty two Absent on Furloe, one Discharg'd, three 
Dead, fourteen Deserted which with the three Commissioned 
Officers makes in all One hundred & five. 

In Capt n Campble Stevens's Company Forty Seven Private 
Men on Duty four Absent on Furloe, five in the Fort at 
Albany, twelve Six, 1 twenty five Deserted, which with the 
three Commission'd Officers Makes in all Ninety Six Men. 

In Capt n Henry Leonard's Company, Eighty five Private 
Men on Duty five Dead, Ten Deserted, which with the three 
Commissioned Officers Makes in all One hundred and three. 

'Sick. 



500 NEW JERSEY COLONIAL, DOCUMENTS. [1747 

Att a Council held at Perth Amboy in the Province of 
New Jersey May 6 th 1747. 

Present 
The Hon ble John Hamilton Esq r Presid' 

John Reading John Rodman ) -n, 
Robert Hunter Morris / 

His Honour the Presid* Laid before the Board the Draught 
of a Message he Proposed to Send to the House of Assem- 
bly & Desir'd their Advice upon it, And the s d Message being 
taken into Consideration the same was Approved of & his 
honour was Advis'd to Send it to the Assembly by the Clerk 
which he did And the s d Message is in the following words 
Viz* 

Gent n of the Assembly 

His Majesty's Service and the Safety of the Province made 
it absolutely Necessary for me to Call you together at this 
Time and my own bad State of Health oblidges me to Meet 
you at this Place 

The Provisions Supplyed to the Forces Raised in this 
Province now Quartered 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. Schuyler's Letter's to me 
which I have Ordered to be Laid before You. By an Ex- 
press from Col. Schuyler which Arrived on Monday Last I 
have Received Information 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 



1747] JOURNAL, OF GOVERNOR AND COUNCIL. 501 

As these Troops were Raised in Pursuance of his Majesty's 
Orders & have been Kept together to wait his further Direc- 
tions 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 Readyriess to March whenever 
his Majesty shall think it for the Interest of his Dominions 
to Give Order for that Purpose 

The distracted State of the Province Occasioned by the 
many great Riotts Oblidges me again to Call on you to Take 
some Vigorous Measures to Punish those Daring Disturbers 
of the Publick Peace, These People have Grown strong and 
numerous by Passing so long with Impunity, for besides those 
two great Riotts at Newark which happened in the late Gov- 
ernour's Lifetime & which were Recommended 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 Legislature. 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 
Publickly Contemned his Authority, They have broke open 
his Goals, Beat & Abused his Officers & Ministers of Justice, 
Turned People out of the Quiet Possessions of their Lands 
<fe Put others into their Places, They have Associated them- 
selves together in Defyance of the Government have frequently 
Mett in great Numbers & 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 Government have been 
taken to bring the Criminals to Justice & Putt a Stop to so 
Dangerous and Growing an Evill, but these Measures have 
all Proved ineffectual & have only occasioned 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 



502 NEW JERSEY COLONIAL DOCUMENTS. 

Proofs are needless, however I have Ordered the several 
Letters & Papers Relateing to those Disturbances to be laid 
before you for your Perusal 

I must observe to you that it is impossible to Suppose 
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 Govern'd by mildest of 
Laws They Themselves will thereby Render it necessary to 
Govern them by Force, for We Cannot Suppose that a British 
Parliam 1 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 matter 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 Province & by Severe Laws Prevent the Like Disturb- 
ances for the Tinle to come. 

Gentlemen 

You are not Unacquainted that the several Officers of the 
Government have been without any Salarys or Support for 
upwards of three years, which is Contrary to his Majesty's 
Gracious Intentions Express'd in his Royal Instructions. I 
Do therefore Recommend it to you to make such Provision 
for the Support of his Majesty's Government as will be ade- 
quate to the Purpose & agreeable to his Majesty's Intentions 

JOHN HAMILTON 

Ordered that the Clerk do Carry the above Message with 
the Letters and other Papers mention'd therein & Deliver 
them to the Speaker of the Assembly 

The Clerk Reported that he had Obeyed the above Order 



1747] JOURNAL OF GOVERNOR AND COUNCIL. 503 

by Delivering the Papers with the Message to the Speaker, 
the house then Sitting 

Lawrence Smyth in Behalf of the Council of Proprietors 
of the Eastern Division of New Jersey Laid before this Board 
two Books Containing Copys of the Books of Records & 
Registers in the Surveyor General's Office, to Witt 

Lib: 2 of Warrants, Surveys & Patents. Lib: L & O of 
Warrants & Surveys Lib: S. of Surveys & Lib: W. of 
Warrants, which two Books are Certifyed by the Surveyor 
General to Contain true Copys of the Several Warrants, 
Surveys & Patents in the original Records & Registers in his 
Office, Requesting his Honour to Putt the Great Seal of the 
Province to those Books, 1 on Which his Honour desired the 
Advice of this Board, who takeing the Same under their 
Consideration Do unanimously advise his Honour to Affix 
the Great Seal of the Province to each of those Books 



Att a Council held at Perth Amboy in New Jersey May 
9 th 1747. 

Present 
The Hon ble John Hamilton Esq r Presid' 

John Reading John Rodman \ -p rs 

Robert Hunter Morris / 

His Honour the Presid* 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 for- 
warding the Expedition against Canada, it is Well Known to 
your Honour We readily Went into Such Matters in Com- 
plyance with his Majesty's Pleasure Signified to Us by the 
Duke of New Castle's Letter then Laid before Us, that We 

'Doubtless to use them as evidence in the case known as the Elizabethtown 
Bill in Chancery. 



504 NEW JERSEY COLONIAL, DOCUMENTS. [1747 

Not only Provided Provisions for five hundred Men Raised 
in this Colony which was all his Majesty required from the 
Province, but also over & above gave a Bounty of Six Pounds 
a Man to each Man so to be Inlisted to Incourage their Inlist- 
ment, And at the same Time We Pass'd a Bill for the makeing 
Current ten Thousand Pounds to Enable your Honour to 
Cloath & Arm the S d Forces, All of the s d 10,000 We Can- 
not Learn is yett Expended. 

This We beg Leave to Observe to your Honour is 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 Duke of 
New Castle's Letter nor by your Honour Recommended to 
Us of Paying those Forces, And this House haveing already 
Exerted themselves to the Utmost Ability of the Colony They 
are in no Condition of Doing it at Present. 

We are very sorry to hear there is such an Uneasyness 
amongst the Forces but as We are Daily in Expectation of 
hearing from home at which Time We make no Doubt but 
they will Recei\K 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 
Expedition And as We have now Granted them a third 
Supply of all necessary Provisions We hope that They will 
behave Themselves like Reasonable Men and Return heartily 
to their Duty in his Majesty's Service. 

As to the Matter of those Riotts lately Committed in this 
Province and Recommended to our Consideration it is with 
Great Concern & Abhorrence we Look upon those Proceed- 
ings Esteeming them to be of very ill Consequence & shall 
willingly do Our Duty in Joyning With the other Branches 
of the Legislature for the Makeing proper Laws for Suppress- 
ing such Proceedings & 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 



1747] JOURNAL OF GOVERNOR AND COUNCIL. 505 

We Understood to make some further Provision for the 
Forces, which we have Chearfully Done. 

We hope those Riotous Proceedings may not be Continued 
but if They Should, at Our next Meeting We may have More 
Time to Consider And Transact those & the other Affairs of 
this Province & Doubt not but that in the mean Time your 
Honour will Take all prudent Measures to Stop the Growth 
of those proceedings & do what shall be most proper & need- 
full until the same Can be Remedied by some Act or Acts 
of this Province 

And with respect to the Support of the Government to [in] 
your Honour's Message Recommended to Our Consideration 
We beg Leave to say We have done what is in the Power of 
this House to Do, for that it appears by the Minutes of this 
House that at our Last Sitting here on the 23 d 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 Ace* or Informatio'n Concerning the s d Bill and therefore 
they Conceive that they have done their Duty in this Respect. 

And as a Bill has now pass'd this House & the Council to 
make Curr 1 1000 in Bills of Credit for the further Victuall- 
ing & Provideing for the Forces & The House Desires your 
Honour's Assent to the Same And there being no other Busi- 
ness at Present before the House They Pray your Honour to 
Dismiss Them 

By Order of the House 

THO" BARTOW Cl: 

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 inform'd him that takeing into 
Consideration the many Great Riotts and other Breeches of 
the Publick Peace They thought it their Duty to propose 
some Law to Prevent Things of that Kind for the Time to 
Come & to that End had Ordered a Bill to preven* Tumults 
and Riotous Assemblys to be brought into their House which 



506 NEW JERSEY COLONIAL DOCUMENTS. [1747 

was accordingly done And the same had been twice read A; 
stood Committed. That They should have gone through & 
Pass'd the s d Bill but they found so great an Unwillingness 
in the house of Assembly to Proceed to any Business at this 
Time, but that of makeing Provision for the Troops that 
They Judg'd it vain to Attempt any other 

And his Honour then Desired the Opinion of this Board 
& their Advice what was proper for him to Do on this 
occasion 

Whereupon the Board declared that They Looked upon it 
to be the Duty of every Branch of the Legislature to Exert 
themselves with the Utmost vigour to Enable the Govern- 
ment to bring to Justice the Persons Concerned in the late 
Disturbances & that They were Willing & Ready both as a 
Council of Advice & as a Branch of the Legislature to da 
every Thing that should be thought most Conducive to that 
End. That They were sorry that the House of Assembly 
would not Join in any Measures at this time to Give a Cher k 
to so dangerous & Growing an Evil, but since they were 
Determined not to do anything at this Time it was to no 
Purpose to Kee^> them together & therefore Advis'd his 
Honour to Give them Leave to Adjourn themselves till 
Monday the 25 th day of this Ins* 



Att a Council held at Perth Amboy in the Province of 
New Jersey May 11 th 1747. 

Present 
The Hon ble John Hamilton Esq r Presid 1 

James Alexander John Rodman \ -^ Ta 
Robert Hunter Morris / 

A Draught of a Letter from his Honour the President tc- 
Col : Schuyler Commander of the Forces of this Province at 
Albany was Read & Approved of in the Words following 



1747] JOURNAL OF GOVERNOR AND COUNCIL. 507 

Sir 

I have Your's by Capt 3 Dagworthy & Leonard of the 30 th 
April and am Exceeding sorry to hear of the General 
Mutiny of the Troops under your Command, and more so 
that they have any Reason for it I am Concern'd that it has 
not been in my Power to Comply with the Forms Proposed 
to Them at their Inlistment, but Cannot blame myself on 
that Account I Esteem their Pay secure because they have 
his Majesty'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 Stations will cer- 
tainly be 

I approve your Zeal for his Majesty's Service in Endeavour- 
ing to Prevent the Troops from Comeing of and in Gener- 
ously Offering to Engage your own private Creditt to Pro- 
cure money for the Pay of the Jersey Companys, but Must 
Observe to You that had they accepted of that Money it 
would in all Probability have occasioned a Mtttiny in all the 
Rest of the Troops at Albany who were not paid in the same 
manner, 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 Ser- 
vice to Do so, because they would then Desert in great Num- 
bers Whereas their Receiving a Part of their Arrears & a 
monthly Allowance till his Majesty's Pleasure could be 
known, will certainly be best upon all Accounts Especially if 
you Consider that they are furnish 'd with Provisions & 
Cloaths at the Expence of the Province. 

Before this Reaches you, You will Receive Directions from 
Gov r Clinton as to the Pay of the Troops under Your Com- 
mand upon the same Terms on which the York & other 
Troops Quartered at Albany are to be Paid And as his Ex- 
cellency has on this occasion Exerted himself & Engag'd his 
own Creditt to Procure money sufficient to advance 40/ York 
money to the Troops in part of their Arrears & 20/ "$ month 
till his Majesty's Pleasure is known I hope the Jersey Troops 
will Shew a good Example to the other Forces by returning 



508 NEW JERSEY COLONIAL DOCUMENTS. [1747 

to their Duty and 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 Letters to Me & Ordered 
your two Officers to attend them and they have given a fur- 
ther Supply of Provisions as you will See by their Votes 
which I send you inclosed 

I must also Inform you that upon your Representation 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 And to 
be Sent to you with all Dispatch imaginable, which you will 
Deliver to them when they Return to their Duty 

I am &c. 

Ordered that it be fair Coppyed for his Honour's Signing 
A Draught of a Letter from his honour the President to 

his Excell y Gov r Clinton was read & approved of in the 

following words 

May it Please Your Excellency 

I think it my Duty to Communicate to your Excellency 
the Answer of the Assembly in Relation to so much of my 
Speech to them as Concerns the Troops of this Province now 
at Albany in your Governm* 

I think it my Duty also to Acquaint you that the Officers 
& Men who were Sent hither from those Troops Are this Day 
to Return with the s d Answer from the Assembly & a Letter 
from me to Col : Schuyler of which I Conceive it my Duty to 
Lay a Copy before you and it's Also Inclosed. 

I have Ordered the two Officers to wait on your Excellency 
to Deliver this & to Receive your Commands, And am &c. 

Ordered that it be fair Copyed for his Honours Signing 
A Draught of a Commission for Runing the Line of Par- 
tition and Division between this Province & Province of New 
York pursuant to the Act of Assembly for that Purpose was 



1747] JOURNAL OF GOVERNOR AND COUNCIL. 509 

read & approved of & at the Recommendation of the Council 
of Proprietors of East New Jersey Robert Hunter Morris, 
Lewis Johnston & Elisha Parkers Esq rs are named Commis- 
sioners Therein, which Draught is approved of by this Board 

Ordered that it be Engross'd for Affixing the Seal thereto 

A Draught of a Commission for Runing the Partition Line 
between East New Jersey & West New Jersey pursuant to the 
Act of Assembly for that Purpose was Read Approv'd of and 
at the Recommendation Last afores d the s d Robert Hunter 
Morris, Lewis Johnston & Elisha Parker are therein named 
Commissioners & Managers, which Draught is approved of 
by this Board Ordered that it be Engros'd for fixing the Seal 
thereto 

A Certificate of Lawrence Smyth Recorder of the Pro- 
prietors of the Eastern Division of New Jersey Certifying 
pursuant to the Act of Assembly for that Purpose that John 
Earl of Stair, John Penn, Thomas Penn, Richard Penn & 
others were intituled to Certain Shares of Propriety of the 
Eastern Division of New Jersey therein mentioned, and that 
he had Recorded that Certificate in Lib : A B. 2 fol : 225 being 
Read As also a Draught of a Lycence to Purchase of the 
Indians to the s d Persons founded on the s d Certificate pur- 
suant to the Act of Assembly for that Purpose was read and 
approved of and Ordered that it be Engros'd for fixing the 
Seal to it 

It being Represented & well known that great abuses have 
been Committed by Chainbearers & Markers for want of some 
Restraint or Check in the Doing of these Services, and that 
the Impowering of the Surveyor General & Deputy Surveyors 
in both Divisions to Administer an Oath to Chainbearers & 
Markers to do those Offices truely may prove a Restraint & 
Check to the Committing the Like for the future & the 
Draughts of Grants for that Purpose being read and approved 
of and Ordered to be Engross'd for Affixing the Seal to Each 
of them. 

It's recommended to M r Alexander & M r Morris to Con- 
tinue a Correspondence with his Majesty's Secretary of State 



510 NEW JERSEY COLONIAL DOCUMENTS. [1747 

cV: the Lords Commissioners for Trade & foreign Plantations 
Concerning the State of this Province, which his His Hon- 
our's bad State of health Disables him from Doing and That 
They Send the Acts past in his Honour's Time which are 
four in Number under the Seal to the s d Secretary & board of 
Trade, And such other Papers Relateing to the Affairs of this 
Province as they shall from Time to Time think necessary. 



Att a Council held at Perth Amboy in the Province of 
New Jersey May 6 th 1747. 

Present 
The Honour"' John Reading Esq r Speaker 

John Rodman 1 James Hude \ -p 

Rob' H. Morris J John Cox / 

M r Morris Moved, that the Bill, Entituled an Act to Pre- 
vent Tumults &*Riotous Assembly's, Might be Read ; which 
was accordingly done, and Ordered a Second Reading 

Att a Council held at Perth Amboy, in the Province of 
New Jersey May 7 th 1747. 

Present 
The Honourable John Reading Esq r Speaker 

John Rodman "I James Hude \ ^ 

Rob 1 H. Morris J John Cox / 

M r Heard, & M r Crane, from the House of Assembly, 
Presented for the Concurrence of this House ; A Bill En- 
tituled, An Act to make Current One thousand pounds, in 
Bills of Credit ; for the further Victualling, & Providing for 
the forces, Lately Raised in New Jersey on an Expedition 



1747] JOURNAL OP THE PROVINCIAL COUNCIL. 511 

against Canada : And the Question being put, whether the 
s d Bill be Read or not ; it pass'd in the Affirmative. 

Which Bill, was Read the first Time, & Ordered a Second 
Reading. 

The House Continued for an hour The House Mett 



The Bill, Entituled An Act to make Current one thousand 
pounds, in Bills of Creditt, for the further Victualling & 
providing for the forces &c. was Read the Second Time, and 
Comitted to the Gent n of the Council, or any two of them. 

The Bill, Entituled An Act to prevent Tumults, & Riotous 
Assemblys, was Read the Second time, and Committed to the 
Gentlemen of the Council, or any two of them. 

Att a Council held at Perth Amboy in the province of 
New Jersey May 8 th 1747. 

Present 
The Hon ble John Reading Esq r Speaker 

John Rodman \ James Hude 1 ra 

Rob'H. Morris j John Cox j 

M r Hude, from the Committee, to whom the Bill, Entituled 
an Act to make Current one thousand pounds &c. was 
Referred, Reported the Same, without Amendments. 

Ordered that the s d Bill be Read the third Time, which 
was Done accordingly 

And the Question being putt, whether that Bill Shall pass 
or Not, it pass'd in the affirmative 

Resolved, that the s d Bill do pass. 

Ordered, that the Speaker Sign the Same. 

Ordered, that M r Rodman, do acquaint the House of 
Assembly, That the Bill, Entituled an Act to make Current, 
One thousand pounds &c. had pass'd this House this day. 

M r Rodman Reported, that he obeyed the above Order. 



512 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Att a Council held at Perth Amboy in the Province of 
New Jersey May 9 th 1747. 

Present 
The Hon we John Reading Esq r Speaker 

John Rodman Robert Hunter Morris Esq 

His Honour the President Came into Council & having by 
the Clerk required The Attendance of the House of Assem- 
bly, They attended And his Hon r was Pleas'd to Give his 
Assent to the following Bill 

An Act Entituled An Act to make Current One thousand 
Pounds in Bills of Credit for the further Victualling & Pro- 
viding for the forces lately Raised in New Jersey on an Ex- 
pedition Against Canada And then was Pleas'd to Give them 
Leave to Adjourn themselves agreeable to their Request to 
him for that Purpose. 



At a Council toeld at the City of Burlington the Twentieth 
day of August in the Year of our Lord One thousand seven 
hundred and Forty Seven. 

Present 
The Honourable John Reading James Hude ~) 

James Alexander John Coxe 



John Rodman Peter Kemble and } Esq rs 
Richard Smith Thomas Leonard 
Edward Antill 

His Excellency came into Council, and by the Secretary 
Commanded the Attendance of the House of the House of 
Assembly, and they attending His Excellency Spoke to both 
Houses as follows. 

Gentlemen of the Council and of the General Assembly. 
I do in the first place give Thanks to Almighty God, my 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 513 

great and kind Preserver from the perils of the Seas, and in 
a Time of general War, and for ray safe arrival. 

I am sensible you must have long since heard of His 
Majesty's Grace and Favour to me in appointing me to the 
Government of Nova Csesarea or New Jersey : and I have 
been impatiently waiting in England for the Opportunity of 
a Passage in a Ship of War, and have embraced the first 
bound this Way. 

I have published His Majesty's Royal Commission at Perth 
Amboy and at this Place, as has been usual. And according 
to my Duty and my Oath to His Majesty (and renewed here 1 ) 
I shall strictly Conform myself to the Kings Commands, and 
to the Powers granted me therein, as also to the additional 
Authorities contained in the Kings Royal Order to me, and 
from these Things I think you will not desire me to deviate. 

While I was at the head of two considerable Provinces in 
New England, 2 my Administration was often approved by 
His Majesty ; and altho' he was pleased, for his own wise 
Reasons, to remove me after having had the Honour of his 
Royal Commission there upwards of Eleven Years, yet I 
accept, with all Thankfullness, his conferring on me the 
Government of this fine Flourishing Province, as a repeated 
publick Testimony of His full Satisfaction in my Conduct in 
the Government of those Provinces. 

I am, Gentlemen, glad to have this early Opportunity of 
meeting you in General Assembly, tho' it is my Misfortune 
to be so much a Stranger as I am at present to your publick 

1 The several oaths of office were administered to Governor Jonathan Belcher on 
the 10th of August, 1747, in the presence of John Reading, Edward Antill, James 
Hude, Peter Kemble and Andrew Johnston, to each of whom His Excellency, in 
turn, immediately administered the oath of Councillor. Robert H. Morris was 
sworn August llth ; John Rodman, Richard Smith, Thomas Leonard, on August 
20th, and probably on the same day James Alexander and John Coxe. President 
John Hamilton had died on the 17th of June preceding, leaving a vacancy, which, 
in November. 1748, was filled by the appointment of Richard Saltar. See N. J. 
Archives, Vol. VII., 11, 12. 

3 Governor Jonathan Belcher was born in Boston, Mass. In 1729 he was appointed 
Agent for New England at the Court of Great Britain, and on the 29th of November 
of the same year, was appointed Governor of Massachusetts and New Hampshire. 
Having been superseded in 1741, he went again to England, where he remained most 
of the time until his appointment as Governor of New Jersey. See N. J. Archives, 
Vol. VII., 1, note. 

33 



NEW JERSEY COLONIAL DOCUMENTS. [1747 

Affairs, and to the Circumstances of this Province ; but I 
promise you to devote myself to obtain the best knowledge I 
can of them, that I may be the more capable of accomplish- 
ing my own warm Desires and firm Resolutions of doing 
^very Thing in my Power that may contribute not only to 
the general Welfare of the Province, but my good Wishes 
are extended to the Protection and Ease of every Individual 
among you ; and while I shall thus Conduct myself, I am 
sure I shall in the best Manner do my Duty, and thereby 
render myself acceptable to the best of Kings, who always 
looks upon the Happiness of his People inseperably blended 
with His own Honour and Interest. 

Gentlemen of the Council. 

As His Majesty has been pleased to Honour you with Seats 
at this Board, and thereby has not only made You a Part of 
the Legislative Power, but Counsellors also to His Governor, 
and to which you have been duly qualified ; I shall on all 
Occasions much esteem your Advice and Assistance for my 
better managing the Affairs of the Government. 

Gentlemen of the General Assembly. 

It is more peculiarly your Priviledge and Duty to make the 
Necessary Supplies for the Payment of the Publick Debts, 
and for the Support of the Government ; I therefore shall not 
doubt of your early and effectual Care in Things that so nearly 
affect His Majesty's Honour and Service, as well as the Safety 
and real Interest of the People whom you represent, And 
while I am on this Head, not only in Obedience to His 
Majesty's Commands, but also the better to prevent any future 
Difficulty, I am to acquaint you, that His Majesty expects you 
to settle on me, an ample and Honourable Salary suitable to 
the Dignity of His Majesty's Governor. And in this you 
will consider, how much what passes for Money among you 
has been depreciating for some Years past, and will therefore 
fix the value of my Salary that I may not suffer in the time 
to come. I must also inform you, that I have been at a great 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 515 

Expence in my Commissions, Equipage, and other Charges 
relating to the Government, of which I shall not doubt your 
reasonable Consideration (as has been usual in His Majesty's 
other Governments) and that you will make suitable Provision 
for a House to receive me, and I shall be glad to pitch upon 
such a Place for my Residence as may best consist with His 
Majesty's Honour and with the Ease of the People, as well as 
my own Conveniency, altho' the last will have the least 
Weight with me. 

Gentlemen of the Council, and of the General Assembly. 

It gives me much Concern to find by the Addresses from 
several Corporations in my way from Perth Amboy to this 
City, 1 that some Parts of the Province are in great Confusion 
thro' the audacious attempts of a Set of seditious Persons, to 
shake off their Allegiance to the King, to trample upon his 
Laws, and to subvert all Rules and Government. If there 
by 1 any Reason for Complaints, it's the incumbent Duty of 
all People to seek Redress from the Laws of the Land and 
from their Rulers, and to Submit to every Ordinance of Man 
for the Lords sake. I am sorry to have this Difficulty to 
encounter at my first coming among you, yet it shall [not?] 
discourage me, but, I hope, the Governor, Council, and 
General Assembly will unite as one Man to endeavour to fall 
into such Measures, as, by the Help of God, n^ay put an End 
to the present Disorders, and restore lasting Peace and Tran- 
quility to the Government, and to all the People, and then 
I am sure the present and future Generations will have Reason 
to rise up and call us blessed. 

Gentlemen 

As it is a buisy Season of the year, I suppose you will 
incline to make this Session short, by going on no other 
Business but what you may judge necessary to be done at 
this Juncture, and that you may the sooner return to your 

1 See N. J. Archives, VII., 16. a Be. 



516 NEW JERSEY COLONIAL DOCUMENTS. [1747 

private Affairs, and I shall be ready to conform myself to 
your Interest and Ease in this Matter. 

I hope your Deliberations and Debates will at all Times be 
carried on with such Temp'er and Moderation as that the 
whole Legislature may form their Resolutions for establishing 
the Prosperity of this People with a happy Unanimity, which 
is the best Bandage and Strength of a Government, I am sure 
nothing will be wanting in me to promote such a beautiful 

Harmony. 

J. BELCHER. 
Burlington August 20, 1747. 

The House continued 'till Friday Morning 21" August 

Present 

The Honourable John Reading John Coxe "j 

James Alexander Peter Kemble & \ 
John Rodman Thomas Leonard } Egq 
Edward Antill 
James Hude 

The President acquainted the House that he had procured 
a Coppy of His Excellencys Speech which was read. 

Resolved that an humble address be prepared in Answer 
thereto. 

Ordered that M r Alexander, M r Antill, M r Hude and M r 
Coxe or any three of them be a Committee to prepare a Draft 
of the Same, and report it to this House with all Expedition. 

Ordered that M r Alexander bring in a Bill for preventing 
Tumults and Riotous Assemblys. 

The House continued 'till 4 o'clock, P. M. 

Present 

The Honorable John Reading James Hude 
James Alexander John Coxe 
John Rodman Peter Kemble & { 
Richard Smith Thomas Leonard 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 517 

M r Alexander pursuant to the Order of this Morning 
brought in a Bill for preventing Tumults and Riotous Assem- 
bly's, which was read the first Time and Ordered a Second 
Reading. 

The House continued 'till Saturday 22 d August 9 o'Clock 
A. M. 

Present 

The Honourable John Reading Edward Antill ^ 
James Alexander James Hude 
John Rodman John Coxe J- Esq 

Richard Smith Peter Kemble & 

Thomas Leonard J 

M r Coxe from the Committee appointed to prepare a Draft 
of an Address to His Excellency, Reported that the Com- 
mittee had prepared an Address accordingly. Which was 
read Approved of and Ordered to be Engrossed. 

The Engrossed Address being read and Signed by the 
Speaker, It is Ordered by this House that M r Hude and M r 
Coxe do wait upon His Excellency, and Acquaint him that 
the House is ready to Attend him with the said Address, 
when His Excellency will be at leisure to receive the Same. 

M r Hude and M r Coxe returned and informed this House 
that His Excellency was pleased to Say that he would be 
ready to receive their Address at One of the Clock in the 
Afternoon. 

The House continued 'till 1 o'clock P. M. 

Present 

The Honourable John Reading James Hude "] 
James Alexander John Coxe 
John Rodman Peter Kemble & j> Esq" 
Richard Smith Thomas Leonard j 
Edward Antill 

The Council waited on His Excellency with their Address 
in the following words. 



518 NEW JERSEY COLONIAL DOCUMENTS. [1747 

To His Excellency Jonathan Belcher Esq ^Captain Gen- 
eral and Governor in Chief in and over His Majesty's Prov- 
ince of New Jersey and Territories thereon depending in 
America, Chancellor and Vice- Admiral in the same & 

May it please your Excellency 

We His Majesty's Council for the Province of New Jersey 
give your Excellency our hearty thanks for your favourable 
Speech, And begg leave to Congratulate you on your safe 
arrival to this His Majesty's Government of New Jersey 
After a voyage attended with uncommon dangers in this time 
of General War for which we are pleased to find your Excel- 
lency make so publick and grateful an Acknowledgement to 
the Almighty. And we sincerely join with your Excellency 
therein. 

Most of Us have been Witnesses to the publication of His 
Majesty's Commission by which we are Sensible your Excel- 
lency is justly Intitled to the Government of this Province 
And we believe your Excellency embraced the first Oppor- 
tunity of coming to it, the unhappy scituation whereof called 
loudly for your presence 

It is with the highest Satisfaction we find your Excellency 
determined Strictly to conform to the Commands and Instruc- 
tions of His Majesty, Since (as we suppose them to be the 
same that they Usually have been) they are inseperably 
blended with the Interest and Happiness of his People. And 
as his Majesty's appointing you to this Government is a proof 
of his Royal Satisfaction in your former Administration in a 
Neighboring Colony, So we have the strongest reason to hope, 
and make not the least Doubt but that you will persist in 
Approving your Conduct to his Majesty by a steady and 
prudent Administration and thereby render the People of 
this Province safe Happy and Flourishing. And as His 
Majesty has been pleased to Honour us to be of His Council 
here, we shall ifpon all Occasions chearfully afford your 
Excellency our best Advice and assistance whenever you shall 
require them. And we will readily Concurr with the other 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 

Branch of the Legislature in Supporting His Majesty's 
Government in an Ample and Honourable Manner. 

And we return your Excellency our highest Acknowledge- 
ments for the firm resolution you Express of doing every 
thing in your power that may Contribute not only to the 
General Welfare of the Province, but to the ease of every 
Individual among Us. Such a Conduct will not only render 
your Excellency acceptable to the best of Kings but will 
always command the affections of a Grateful People. 

It is with the greatest Concern that we assure your Excel- 
lency of the Truths represented to you by the several Addresses 
in relation to the many Notorious and Wicked (and to all 
understanding and good Men) detestable Riots that have of 
late been committed within this Province animated and 
Spirited up by a few designing and Wicked Men, big with 
the unjust and destructive Views of building up their own 
fortunes on the ruins of others, And who by crafty insinua- 
tions and base Artifices have deluded from their Daty a great 
number of Ignorant and otherwise innocent Persons. 

We are truly concerned that your Excellency has Such a 
Difficulty to Struggle with in the beginning of your Adminis- 
tration, but as your Excellencys resolution not to be in the 
least discouraged will be (under the influence of Heaven) the 
first and Greatest Step towards Surmounting it, So we shall 
do every thing we are able to Strengthen your Hands and 
heartily join with your Excellency and the other Branch of 
the Legislature in doing every thing in our Power to restore 
Peace and Tranquility to your Government and to render 
your Administration happy and easy. 

JN READING Sp r 

Burlington August the 22 nd 1747 

To which his Excellency was pleased to make the following 
Answer. . 

Gentlemen, 

I Heartily thank you for this kind address and promise my 
self much Satisfaction in your wise Advices from Time to 



520 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Time, for my Assistance in the arduous Affairs of the Gov- 
ernment ; and I hope every Branch of the Legislature will 
be emulous to excel the other, in all Things that may advance 
the Kings Honour and Service, and the best Weal of his 
People, and to do this with the greatest Peace and Concord 
among themselves. 

J. BELCHER. 

The House continued till Monday 24 th August 1747 

Present 

The Honorable John Rodman John Coxe ^ 

Richard Smith Peter Kemble 

Edward Antill and f Esc T 



James Hude Thomas Leonard } 

The House continued till Tuesday 25 th August 1747. 

Present 
The Honourable John Rodman John Coxe ^ 

Richard Smith Peter Kemble & V Esq 
James Hude Thomas Leonard J 

A message from the House of Assembly by M r Brick and 
M T Hopkins. 

Ordered that M r Brick and M r Hopkins do wait on the 
Council and Acquaint them this House have Appointed M r 
Richard Smith, M r Cooke, M r Hancock, M r Emley, M r Fisher, 
M r Cooper, M* Vanmiddeswart, M r Spicer and M r Learning 
to be a Committee to join a Committee of the Council, to 
consider in a free Conference of ways and means for suppress- 
ing the Riots and Disorders in this Colony 

THO S BAETOW Ck. 

His Excellency came into Council and by the Secretary 
informed the House of Assembly that he was in the Council 
Chamber ready to receive their Address. 

The Speaker and House of Assembly Attended and deliv- 
ered their Address in the following Words. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 521 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and Over His Majestys Province 
of Nova-Csesarea or New Jersey and Territories thereon 
Depending in America and Vice-Admiral in the Same & c 

The Humble Address of the Representatives of the Colony 
of New Jersey in General Assembly Met 

May it please your Excellency 

We His Majesty's most dutiful and loyal Subjects the 
Representatives of the Colony of New Jersey now in General 
Assembly convened, do with the greatest Pleasure embrace 
this Opportunity of congratulating your Excellency on your 
safe arrival to this your Government of New Jersey, at a time 
when you had both the dangers of the Seas and the Enemy 
to encounter with; and we join with your Excellency in 
returning Thanks to almighty God for your Preservation 
from those Perils. 

We had early intelligence of His Majestys Grace and 
Favour to your Excellency, and to this Colony, in appoint- 
ing you Governor of Nova Csesarea or New Jersey ; and We 
have been long impatiently wishing and waiting for your 
Excellency's safe arrival. 

Several of us are Witnesses of your Excellency's Publish- 
ing your Commission in the Manner you have been pleased 
to mention to us. The Conforming yourself to the Kings 
Commands, and the Powers granted you therein, are what His 
Majesty will no doubt expect from you ; and we hope we 
shall have no Reason to desire your Excellency to deviate 
from the same 

We in the most humble Manner acknowledge His Majesty's 
Grace and Favour in appointing a Gentleman of your Ex- 
cellency's great Abilities to govern this Colony, who from 
your being at the head of two considerable Provinces in 
America for so long a time, must be well Experienced in the 
nature of Government, and from the short acquaintance we 
have had with your Excellency, we have great reason to hope 
your Excellency's Inclinations are equal to your Abilities, 



522 



NEW JERSEY COLONIAL DOCUMENTS. 



[174; 



and that they will both be employed to make Us a Flourish- 
ing and happy People. 

We are therefore glad to have this early Opportunity of 
meeting your Excellency in General Assembly. The kind 
and publick Manner in which you have declared you will 
apply your self to obtain the best knowledge you can of our 
publick Affairs, that you may be the more capable of accom- 
plishing your warm Desires, and form Resolutions of doing 
every thing in your Power, that may contribute to the general 
Welfare of the Province, and that your good Wishes are 
extended to the Protection and ease of every Individual 
among us, demand and engage our sincerest Affections and 
Thanks. Such Assurances from the supreme Ruler and 
Governor of a Province we hope will have a good influence 
upon all inferior Officers in this Government, and we think 
cannot fail of affecting and softening the most obdurate Heart, 
and induce all those who have offended against the Laws to- 
return with the most humble submission to their Duty : And 
whilst your Excellency shall in so tender a Manner Conduct 
your self towards the People, you will undoubtedly render 
your self acceptable to his Majesty, whose Paternal care over 
all his Subjects, is such, that he looks upon their Happiness 
conducive to his own Honour and that is inseperably blended 
with his Interest. 

As it is our Priviledge, so we think it our Duty, to make 
the necessary Provisions for the Payment of the publick 
Debts and the Support of the Government ; We shall take 
what your Excellency hath said to us on that head into our 
serious Consideration, and shall, as near as the present Cir- 
cumstances of this Colony will admit, comply with his 
Majesty's Expectations ; And in the doing of this we shall 
always consider how much what passes for Money Depreciates 
should that ever be our unhappy Circumstance. At present 
we can, with equal Truth and Pleasure, acquaint your Ex- 
cellency, that the Credit of our Paper Money is so well 
established by the several Laws that gave it Birth, that it is 
morally impossible it should sink in Value. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 523 

By those Laws effectual care is taken that none shall be 
Emitted but on Land Security, and that of double the value 
at least, and the Titles of the Lands carefully inspected by 
the Loan Officers appointed by Law in the several counties 
to let out the Money. And as our Lands are daily rising in 
worth we cannot conceive it possible for any Fund to be of a 
more fixed and determined Value. The Truth of which is 
happily confirmed to us by upwards of twenty Years Ex- 
perience. 

When we are on the Bill for the Support of Government, 
we shall take into consideration what your Excellency is 
pleased to mention to us concerning the Expence you have 
been at relating to the Government : We shall make suitable 
Provisions for paying the Rent of a House for your Excel- 
lency to reside in, and shall leave it to you to judge what 
Place will be best suit[ed] and be most consistent with His 
Majesty's Honour, and with' the Ease of the People and your 
own Conveniency. 

We are really sorry and much concerned, that there should 
be in this Colony a set of such rash and inconsiderate Per- 
sons, who by trampling on the Laws have set the Govern- 
ment at defiance, not considering that undeniable Truth and 
just Observation of your Excellency, that if there be any 
Cause for Complaints, it is the incumbent Duty of all People 
to seek redress from the Laws of the Land. We are equally 
sorry your Excellency should have this Difficulty to encounter 
with at your first coming among us ; but we do assure your 
Excellency, we, on our Part, are ready to join with the other 
Branches of the Legislature that we may, as one Man, 
endeavour to fall on such Measures as may put an End to 
the present Disorders, and restore lasting Peace to the Govern- 
ment, and Happiness to the People, and to that End we have 
appointed a Committee of our House to join a Committee of 
the Council to consider of Ways and Means for suppressing 
those Riots and prevent Disorders in this Colony. 

The busy Season of the Year will make it acceptable to us 
to be adjourned for some Time, that we may order our private 



524 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Affairs so as to attend the Publick Business with less detri- 
ment to our own ; and thereby your Excellency may have 
some time of Ease from the fatigues which so long a Voyage 
at Sea, and a Journey from Perth Amboy to this Place must 
Occasion, the better to acquaint your self with the Circum- 
stances of this Colony. 

We hope our Conduct at all times will be such, as to satis- 
fie your Excellency, that all our Deliberations and Debates 
are influenced by a Temper and Moderation becoming the 
Representatives of this Colony : And we shall always en- 
deavour that a happy Unanimity (which certainly is the best 
Bandage and Strength of a Government) may be established 
in the whole Legislature. And we return your Excellency 
our hearty Thanks for the Assurance you are pleased to give 
us, that nothing shall be wanting in you to promote such a 
beautiful Harmony 



By order of the House 
ROBERT LAWRENCE Speaker. 



Divers of the Members of 
the House being of the 
People called Quakers agree . 
to the Matter and substance I 
of this Address with their | 
usual exceptions to the Stile. J 

To which His Excellency gave the following Answer 

Gentlemen of the General Assembly. 

I take in the most grateful Manner this handsome Address 
in answer to what I said to you at the opening of this Session, 
and which I find is so much to your Satisfaction as leaves me 
nothing more to add, than that from it to hope the true Weal 
of the People of this Province will be your constant care, 
and that I again wish the whole Legislature may have the 
pleasure of Carrying their Deliberations from time to time 
into Execution with all possible Unanimity 

J. BELCHER. 

Resolved that M r Reading, M r Alexander, M r Rodman, 
M r Hude, and M r Coxe or any three of them be a Committee 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 525 

to join the Committee of the House of Assembly to Consider 
in a free Conference of Ways and Means for Suppressing the 
Riots and present Disorders in this Colony. 

Ordered that M r Leonard acquaint the House of Assembly 
therewith. 

His Excellency then Adjourned the General Assembly to 
Tuesday the fifteenth day of September next, to Meet at 
Burlington 15 th of September 1747, Adjourned by Writt, to 
the 6 th of October 1747, to meet at Burlington. 

6 th of October 1747, Adjourned by Writt to the 27 th of 
October 1747, to Meet at Burlington 

27 th of October 1747, Adjourned by Writt to the 17 th of 
November 1747, to Meet at Burlington, 

Tuesday 17 th of November 1747. 

The House Met Present 

The Honourable John Rodman ^ 

Richard Smith and V Esq 
Robert Hunter Morris ) 

The House continued till Wednesday 18 th November 1747. 

Present 
The Hon We James Alexander Robert Hunter Morris ^ 

John Rodman and > Esq rs 

Richard Smith John Coxe 

The House continued till Thursday 19 th November 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman and > Esq" 

Richard Smith John Coxe J 

His Excellency came into Council and by the Secretary 
having Commanded the Attendance of the House of Assem- 
bly and they Attending His Excellency made the following 
Speech to both Houses. 



526 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Gentlemen of the Counsel and of the General Assembly 

I met you soon after my Arrival, agreeable to an Adjourn- 
ment made by M r President Reading, at which Time I found 
you were not inclined to enter upon Buisness, it being so busy 
a Season in your domestick Affairs. Those I hope are well 
over, that you may proceed with Ease and Alacrity in the 
Affairs of the Province, in which hardly any Thing has been 
done by the Legislature for some Years past, and they there- 
fore now demand your diligent and closest Attention 

Gentlemen of the Assembly. 

I have lately received a Letter from Governor Shirley and 
Governor Knowles, wherein they write, His Majesty had laid 
aside the late intended Expedition against Canada for the 
present, and they also send me an Extract of a Letter from 
His Grace the Duke of Newcastle to Governor Shirley, a 
Paragraph whereof the Secretary shall give you, and in 
which you will find it is expected, you make Provision for 
the present Payment of the Men raised in this Province, to 
be re-imbursed when this Matter shall be provided for by the 
Parliament of Great Britain. And as this Expedition was 
intended principally for the better Protection and Defence of 
His Majesty's North American Colonies, the King the more 
reasonably hopes for your compliance herewith, and which 
must recommend you to His Majesty's Grace and Favour ; 
And I desire you will give this thing a speedy Consideration, 
because Orders have been gone some Days since to Albany, 
by the Colonel of the Regiment raised in this Province, for 
the Dismissing of the Officers and Men. 

Governor Shirley and Governor Knowles have also wrote 
to me for an Account of the Cloathing Arms & c supplied by 
the Government to His Majesty's Troops raised in this Prov- 
ince ; upon which, I directed the Commissioners employed in 
that Buisness, to come hither and Adjust that Account, which 
is accordingly done, and sent to those Gentlemen, to be by 
them Transmitted to His Grace the Duke of New Castle, in 
order to be laid before the Parliament of Great Britain for 
a Re-imbursement. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 527 

Gentlemen of the Council and of the General Assembly. 

Since our last Meeting I have received sundry Complaints 
from Numbers of Persons, who say they are unjustly dis- 
turbed in the Possession of their Land, and in Answer to the 
Petitioners or Complainants, I have ordered the Secretary to 
lay their Papers before you, 1 that you may be the better able 
to judge how far the Controversies they mention, may prop- 
erly lie before the Legislature ; and this Affair, I am afraid, 
you will find attended with Intricacy and Difficulties. Before 
the last Adjournment of this Court, I find by the Minutes of 
the Council and of the Assembly, there were a Number of 
Gentlemen from each House, appointed to examine into the 
Matter of the Riots and Disorders committed in some Parts 
of the Province, to which Affair I suppose these Papers may 
be related ; and since the Committee then appointed have not 
yet Acted, I wish both Houses would so far Re-consider the 
Matter as to make out a Committee of Gentlemen, the most 
disinterested (and so impartial) in this difficult Affair, and 
then to sit upon it De Die in Diem, 'till they shall be able to 
report what may be proper to be done by the Legislature to 
bring to an End the Disorders and Confusions that have so 
long subsisted in the Province; and if the Laws are yet 
deficient, that they may be strengthned, the better to bring to 
condign Punishment the Authors and Abettors of those Out- 
rages that have been attempted on the Lives, Liberties and 
Properties of their fellow Subjects, to the Dishonour of God, 
in high contempt of the Kings Authority, and of the good 
and wholesome Laws of this Province. As it well becomes 
Rulers to encourage and support them that do well, so it is 
their indispensible Duty to be a Terror to Evil-doers. I am 
persuaded, Gentlemen, that to keep this Matter at a Distance, 
or as the trite Saying is, to put far off the Evil Day, cannot 
consist with the Ends of good Government, No : Assaults 
and Batteries, breaking open the Kings Goals, and delivering 

1 A number of them are printed in N. J. Archives, VI. and VII., but the case is 
most fully presented in the Elizabethtown Bill in Chancery and in the Answer 
thereto. 



528 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Prisoners there committed by Vertue of the Laws, must soon 
bring Things to this Question, Whether His Majesty'> 
Authority shall be supported in His Province of New Jersey ? 
Or, whether a Number of Rioters shall take the Govern- 
ment into their own Hands ? If any Persons think them- 
selves hardly treated as to any lands they possess, their 
Recourse must be to the Laws, and having gone through the 
whole course of the Law here and yet unsatisfied, they have 
a dernier Resort to His Majesty in Council, where they will 
find freedom of Access, their Case heard with great Patience, 
and finally closed according to the Strictest Rules of Reason, 
Law, and Equity, For the King always delights in the 
Happiness of his Subjects, and esteems Righteousness the 
greatest Stability of his Throne. 

I am, Gentlemen, in the next place to acquaint you, that 
I have lately received from one M r Hopkins, a Magistrate in 
Rhode-Island Government, a Number of Counterfeited Bills 
of this Province, which M r Secretary shall deliver you. We 
are obliged to this Gentleman for his good Care, and from 
this and other Informations of the like kind, I have reason 
to believe, thereis a Knot or Combination of villainous Per- 
sons that are making a Trade of forging the Bills of this 
Province, and this Matter well deserves your speedy Care and 
strict Inquiry, as it strikes at the very Vitals of your Cur- 
rency, and so must nearly affect not only your Commerce, 
but your other Estates also. 

The Honourable M r Palmer, President of the Province of 
Pennsylvania, has lately complained to me, of the Necessity 
of putting the Pilots of Delaware River under a better 
Regulation, for the greater Safety and Protection of the 
Trade, His Letter and the papers referring thereto shall be 
laid before you ; and when we consider how greatly our 
Neighbors and we have suffered by Informations the Enemy 
have got from our own Pilots, I hope it may produce from 
us some wholesome Law, to put an End to such villainous 
Practices for the Future, and to which no Assistance shall be 
wanting on my part. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 529 

Gentlemen of the General Assembly. 

Altho' I mentioned to you before the last Adjournment, 
the necessary Care incumbent on you for the payment of the 
publick Debts, and for the Support of Government, yet as 
you seemed very desirous to be quickly dismissed to your 
private Affairs, nothing was done in that material Affair, I 
have therefore, the more Reason to expect you will early, and 
in earnest set your selves about it. For as money is called 
the Sinews of War, so it may in a great Measure be called 
the Strength of Government, and since it is in our power, it 
is a Duty we owe to our People, to prevent the Cry of Injus- 
tice or Oppression, by paying the Officers of the Government, 

and all others their just Dues without unreasonable Delays. 
i 

Gentlemen of the Council and of the General Assembly 

The Things I have now laid before you are what occur to 
me at present for advancing His Majesty's Honour and Ser- 
vice, and for promoting the Welfare and prosperity of the 
People under my Care ; and as any thing further necessary 
to the publick good may offer, I shall communicate it to 
you, and shall with great ' pleasure receive from you such 
Things as you shall judge may contribute to the same good 
Ends. As I have no Estate or property in the province, I do 
assure you, I have no sinister or private Views to pursue, but 
my great Care and Study shall be, to bring New Jersey into a 
more flourishing State, and that she may not be the least 
among the Kings Provinces ; And to strengthen my Heart 
and Hands in this Purpose, I shall always be glad of your 
Assistance ; and what will make my Administration easy and 
pleasant to my self and happy for the Province, will be, to 
find a steady Harmony subsisting between the two Houses, 
so shall we as one Man build np the publick Weal of this 
People. 

J. BELCHER. 
Burlington November 19 th 1747. 

His Excellency accordingly laid before this House the 

Papers following (to witt) 

34 



530 NEW JERSEY COLONIAL DOCUMENTS. [1747 

N 1. A Petition to His Excellency the Governor signed 
by Nathaniel Wheeler, Jonathan Peirsou, John Can- 
duct, 1 Nathaniel Camp Samuel Harrison and Samuel 
Baldwin together with great Numbers of Sheets and 
Names annexed many of which are of one hand Writ- 
ing. 2 

N 2. A Petition to His Excellency by Dollings Hegeman 
said to be in the Name and behalf of a Number of [an] 
injured Society of People of good report Signed by 
Dollings Hegeman and a number of other People 

N 3. Petition to His Excellency by the Inhabitants of 
Saddle River precinct to which is annexed a number of 
names all of one hand writing. 

N 4. Petition to His Excellency by Thomas Clauson 
against Samuel [Nevill] to which is annexed a Judg- 
ment with a special Condition by the said Samuel 
Nevill, John Nevill and Peter Sonmans with a Certifi- 
cate signed by a number of People in favour of said 
Clausons Character. 

N 5. A Representation from Edmund Bainbridge John 
Bainbridge, David Brayley", Abraham Anderson, David 
Price and John Anderson, markt by His Excellency 
reced at Burlington No r 3 d 1747 of M r Bainbridge. 

N 6. Coppy of a Letter from the Colnmittee of the New 
Jersey Society to the Council of Proprietors of New 
Jersey dated London August 26 th 1746, giving Account 
of the revocation of their Powers to Lewis Morris. 

N 7. A paper Markt on back with these words Our 
Deceast Governors opinion as Council to the Inhabi- 
"tants of Maidenhead and Hopewell (to witt) Lewis 
Morris Esq r 

N 8. A Petition to His Excellency by People stiling them- 
selves the Inhabitants of the Society of the Western 
Division Signed by a Number of hands Markt by His 
Excellency rece d Novem r 18, 1747. 

1 Conflict. 2 Printed in N. J. Archives, VII., 71. 






1747] JOURNAL OF THE PROVINCIAL COUNCIL. 531 

N 9. A Paper directed to His Excellency signed by a 
Number of People stileing themselves the Committees 
Elected to represent His Majesty's poor Oppressed yet 
Loyal Subjects inhabiting Several Countys within this 
Colony, Signed by John Low, Edmund Bainbridge and 
others markt by His Excellency M r Low and others 
' rece d Sep r 30 th 1747. 1 

N 10. An original Letter signed by David Ogden for James 
Alexander Robert Hunter Morris and himself dated 
December 22 nd 1744 directed To M r Francis Spier and 
others living at Horseneck. 

Nll. An original Paper signed by David Ogden dated 
Dec r 22 nd 1744 being a list of Persons living at Horse- 
neck with the prices and Rents of their several Planta- 
tions as proposed by him. 

JN 12. Coppy of a Declaration in Ejectment on the Demise 
of James Alexander Of the Term of May in the seven- 
teenth Year of the Reign of King George the Second 
Directed To M r Francis Spier Tenant in possession. 

N 13. A Petition or Representation of Garret Durland 
with his Affidavit to the truth of it dated Octo r 30 th 
1747 markt by His Excellency Garret Durlands 
Papers received November 18, 1747. 

N 14. An Affidavit of James Hampton Sworn before David 
Day dated the 6 th day of Nov r 1747, concerning John 
Crosses employing him to Treat the Mob to give him 
possession of a Place 

N 15. Affidavits of James Bartlet, James Burling and Jacob 
Bidal dated the 6 th of Nov r 1747, and Sworn before 
David Day justice concerning John Crosses title to a 
place. 

N 1 6. A Petition of John Everson, Bout Wortman, to His 
Excellency not Signed but an Affidavit at Bottom with 
Bout Wortmans mark Sworn before John Whittaker 
dated Oct r 30 th 1747. 

1 Printed in N. J. Archives. VII , 63. 



532 NEW JERSEY COLONIAL DOCUMENTS. [1747 

N 17. A Coppy of a Deed exprest to be made by Tapeshaw 
commander in Chief of all the Indians inhabiting what 
the English call the North part of the Jerseys for the 
Consideration of four hundred pounds Wampom value, 
he conveys to Andries Lowrence, Johannes Vangeesen, 
Michael Elenson 1 and Abraham Vangeesen and their 
Associates a Tract of Land on the East side of Pasaeck 
River and behind the Mountains called the blue hills 
dated the 23 rd day of March 1703 it is Certified to be 
a true Coppy from the Original Deed and therewith 
Compared by Joseph Bonnel Esq r one of the Justices of 
the Supreme Court. 

N 18. Coppy of a Deed by Nantzeckem Amoneino Charak- 
kaon exprest to be Natives and Sole Proprietors of a 
Tract of Land therein mentioned in consideration of 
love good will and Affection they grant to M r Theo- 
philus Pearson of New Ark a Tract of Land on the 
North side of Cause 2 Brook Swamp and East side of 
the South branch of Pasaeck River dated the 8 th day of 
August 1700 It is Certified to be a true Coppy from 
the Origirial Deed Compared by Joseph Bonnel afore- 
said. 

N 19. A Paper purporting to be a Coppy of a Deed by Tape- 
shaw Sakemore a Commander in Chief of all those 
Indians inhabiting the North part of what the English 
call the Jerseys and other Indians therein named in 
Consideration of Friendship & c they grant to Edward 
Earle Jun r Theophilus Peirson, Jasper Craen, George 
Harrison, John Harrison, of Elizabeth Town, John 
Morris, Eliphulet Johnson, John Cooper, Robert Young, 
Daniel Dod, and William Brant a Tract of Land in the 
Province of West Jersey called by the Name of Me- 
hipaning 3 on the West side of the South branch of 
Pasaeck River, dated the 31 st of December 1701 to 
which is added Coppy of a proof by John Johnson one 
of the Witnesses before William Pinhorn. 

1 Eliassen [Vreeland]. -Canoe brook. Whippany? 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 533 

N 20. A Paper purporting to be a Coppy of a Deed by Tape- 
shaw Sackamore for Consideration of 300 Wampom 
value by which they grant to Edward Earle jun r a Tract 
in the Province of New Jersey upon a River called 
Rachaneack 1 and thence South West by West to Mack- 
whippaning River and thence down the Mouth of Rach- 
aneack and thence up to the beginning dated the 29 th of 
July 1702 to which is 'Added a Certificate to be a true 
Coppy from the Original Deed and therewith Compared 
by said Joseph Bonnell. 

N 21. A Coppy of a Coppy of the New Ark Indian Pur- 
chase dated the 11 th of July 1667. 

N 22. A Coppy of a Coppy of the New Ark Indian pur- 
chase Dated the 13 th of March 1677/8. 

No 23. A Paper purporting to be a Coppy of a Deed by 
Tepgaw and other Indians, for a valuable Sum of good 
and Current money they Grant to Gerebrant Clauson, 
Hans Spier, Elias Transen, Christopher Slemmeck, 2 
Andries Lawrence, Simon Vanness, Garrett Vanhorn, 
Kessell Pekerse 3 and Jan Spier a Tract in Essex County 
on the East side of Pasaeck River to the hills dated the 
first day of May 1701, marks of 17 Seals but no Names 
to it, it is Certified to be a true Coppy from .the original 
Deed, Compared by said Joseph Bonnell. 

N 24. A Coppy of a Deed of Confirmation from King 
Queehloe King Teshmokamm Shaphae and Yaupis In 
consideration of Satisfaction theretofore made to their 
Predecessors by the inhabitants of Newark Did thereby 
Grant make Over and Confirm unto John Low, Samuel 
Harrison, Nathaniel Wheeler, Jonathan Peirson, Nath- 
aniel Camp, John Candet 4 and Samuel Baldwin and 
their Associates a Tract of Land between the top of the 
first Mountain and the East side of Pasaeck River its 
dated the 14 th of March 1744/5 its Witnessed by Isaac 
Vangeesen, Francis Cook, Daniel Taylor and Michael 
Vreeland with Coppy proof by Daniel Taylor before 

1 Rachawach, or Rahway. 2 Steenmetz. 3 Hessel Peterse. * Conflict. 



534 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Joseph Bonnell on the 8 th day of November 1745, aud 
Certified by Joseph Bonnell to be a true Coppy Ex- 
amined with the Original. 

N 25. Three Papers purporting to be Coppies of Deposi- 
tions Before Joseph Bonnell Esq r November 18 th 1745, 
not Signed by any Persons its Markt by His Excellency 
on the back rece d at Burlington Nov' 3 d 1747, of M r 
Candet. 

N 26. Papers purporting to be Coppy of the Grievances set 
forth in the Weekly Post boy of Febry 17 th 1745 6. 
Also Coppy of Complaints of March 1745/6, said to 
. be subscribed unto by 659 Persons and sent to the 
Assembly & c Also Coppy from the Committee to the 
Assembly of 15 th April 1746 not Signed by any 
person. 

N 27. A Letter from Samuel Nevill to His Excellency 
dated October 13 th 1747. 

N 28. Coppy of Extract of a Letter from His Grace the 
Duke of New-Castle dated May 30 th 1747. 

N 29. A letter from Anthony Palmer President of the 
Council ofYennsylvania to his Excellency dated October 
13 th 1747, with an Extract of an Act providing for 
the Security and Defence of the Town of Lewie & 
with a printed Coppy of a Proclamation by the said 
Anthony Palmer dated the 4 th of July 1747. 

N 30. Original Affidavit of Elijah Gillett Sherriff of Morris 
County dated the 6 th of November 1747, of a Riot and 
Rescue committed on the 10 th of August last. 

N31. Original Affidavits of Isaac Whitehead and Sarah 
Whitehead of a Riot Committed on the 23 d of Septem- 
ber last when the Rioters broke open the Goal of Morris 
County and Rescued a Prisoner there Committed both 
dated Nov r 3 d 1747. 

N 32. A list of Persons names who Stand Indicted of high 
Treason, and of Persons Names who stand Indicted and 
Recorded for Riots as sent to the Governor by the 
Attorney General. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 535 

N 33. A list of Persons Suspected to be Concerned in 
Counterfeiting New Jersey bills with twelve unsigned 
Counterfeit bills, inclosed Markt by the Attorney 
General with J H B 

N 34. A letter from Martin Ryerson to the Attorney General 
concerning passing Counterfeit Bills, and a Note on it 
by the Attorney General of the persons forfeiting their 
Recognizances to Appear for that Crime. 

N 35. A letter from Barnes and Jones dated October 25 th 
1747 to Justice Steward of Morris County. 

N 36. Two Examinations of Isaac Davis concerning Coun- 
terfeiting pieces like to Pieces of Eight, the one Sworn 
September the 28 th 1747, and the other Sworn the 5 th 
of October 1747. 

N 37. The information of Abraham Wortman concerning 
Counterfeiters of bills and of Pieces of Eight with a 
Memorandum upon it by the Attorney General its 
dated September 11 th 1747. 

N 38. A letter from Barnes to justice Anderson dated 
October the 25 th 1747, about Stewards being concerned 
with the Counterfeiters. 

N 39. An Original Affidavit of John Post concerning 
Counterfeiting Pieces of Eight and the Moulds by 
which its done dated the 5 th of November 1747. 

N 40. A letter from M r Antill to the Attorney General 
Dated October 26 th 1747. 

N41. The Examination of Thomas Butner taken before 
the Attorney General November 18 th 1747. 

The House continued till Friday the 20 th of November 

1747. 

Present 

The Hon tlle James Alexander Robert Hunter Morris ^ 

John Rodman and V Esq 

Richard Smith John Coxe J 

His Excellency's Speech was Read and Ordered a Second 
Reading. 



536 NEW JERSEY COLONIAL DOCUMENTS. [1747 

The House continued till Saturday the 21 st of November 

1747. 

Present 

The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman John Coxe and > Esq 

Richard Smith Thomas Leonard 

His Excellency's Speech was read a Second time 

Resolved that an humble Address be prepared in Answer 
thereto. 

Ordered that M r Rodman, M r Morris and M r Leonard or 
any two of them be a Committee to prepare a Draft of the 
same and report it to this House with all Expedition. 

Ordered that M r Secretary do carry to the House of Assem- 
bly a Coppy of the List made by this House of the Papers 
which his Excellency referred to in his Speech and which 
have been laid before this House amounting to 41 in Number 
and to lay before the Assembly the Papers Numbered 2, 4, 5, 
6, 7, 10, 11, 12, 21, 22-26, 27, 28, 29 and to request the 
Assembly to cause Coppies thereof to be made for this House 
and to acquaint them that this House have directed Coppies 
of the remaining Numbers to be made with all Speed for the 
use of the Assembly, which Coppies to be mutually Compared 
and Exchanged when ready ; and to request also of the 
Assembly that they would cause Coppies to be also made for 
the Use of this House of the Papers which were sent to that 
House by His Excellency in August last concerning the Riots 
and a List with Coppies of what Papers are now laid before 
the House by His Excellency. 

The House continued till Monday 23 d of November 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman Peter Kemble and > Esq rs 
Richard Smith Thomas Leonard J 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 537 

The House continued till Tuesday 24 th of November 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morris ) 

John Rodman Peter Kemble and V Esq" 
Richard Smith Thomas Leonard J 

M r Secretary Reported that he had Obeyed the Order of 
"Saturday 

His Excellency by the Secretary laid before this House M r 
Nevill's Respon N 42. 

Ordered that the Secretary do carry the same to the House 
of Assembly, and request a Coppy. 

M r Morris moved that His Majesty's Attorney General 
might be Ordered to prepare and lay before this House an 
Account of the several Riots and Insurrections that had been 
in this Province, within these three Years last past, together 
with the Names of the several Persons who stand Indicted 
for High Treason as well as those that are Indicted or 
Recorded for Riots as also the several Steps that have been 
taken to bring the Delinquents to Tryal and Punishment, and 
the Cause why (in his Judgment) those Steps have hitherto 
proved ineffectual together with the Reasons why he does not 
or cannot proceed in the Apprehending and Trying of those 
Persons lately Indicted of High Treason. 

To which Motion the House Agreed, And it is Ordered 
accordingly. 

Ordered that the Clerk of this House transmit to the 
Attorney General a Coppy of the above Minute. 

M r Morris moved for leave to bring in a Bill for Running 
and Ascertaining the Line of Partition and Division between 
this Province of New Jersey and the Province of New York. 

Ordered that M r Morris have leave accordingly. 



538 NEW JERSEY COLONIAL DOCUMENTS. [1747 

The House continued till Wednesday 25 th of November 

1747. 

Present 

The Hon ble James Alexander John Coxe "j 

John Rodman Peter Kemble 

Richard Smith and f 

Robert Hunter Morris Thomas Leonard J 

The Secretary Reported that he had Obeyed the Order of 
Yesterday. 

A Message from the House of Assembly by M r Nevill and 
M r Stelle 

Ordered that M r Stelle and M r Nevill do wait on the 
Council and acquaint them, that this House having Con- 
sidered of their Message of Yesterday, are of Opinion that 
there will be no necessity of Coppying the Papers mentioned 
in the List sent with the said Message or any other Publick 
Papers, Seeing whatever Papers whether Originals or others 
which have been or shall be laid before this House which the 
Council shall at any time desire according to the former 
practice of both Houses may be Delivered them. 

THO S BARTOW C k of the Assembly. 

November 25 th 1747. 

The House continued till 3 Clock P. M. 
The House met. 

Present 
The Hon bl * James Alexander John Coxe ") 

John Rodman Peter Kemble 

V Eso 
Richard Smith and 

Robert Hunter Morris Thomas Leonard J 

M r Secretary Reported that he had Delivered a Coppy of 
the Order of Yesterday to the Attorney General. 

The Bill Entituled an Act for Running and Ascertaining 
the Line of Partition and Division betwixt this Province of" 
New Jersey and the Province of New York was Read the 
first Time and Ordered a Second Reading. 






1747] JOURNAL OF THE PROVINCIAL COUNCIL. 539 

The House continued till Thursday 26 th of November 1747. 

Present 

The Hon ble James Alexander John Coxe "^ 

John Rodman Peter Kemble ! 

Richard Smith and 7 1 , 

Robert Hunter Morris Thomas Leonard } 

The Bill Entituled an Act for Running and Ascertaining 
the Line of Partition and Division betwixt this Province of 
New Jersey and the Province of New York was Read a 
second Time and Committed to the Gentlemen of the Council 
or any three of them. 

The House continued till Friday 27 th of November 1747. 

Present 

The Hon ble James Alexander John Coxe "^ 

John Rodman Peter Kemble 
Richard Smith & 

Robert Hunter Morris Thomas Leonard J 

M r Reading and M r Hude who were appointed of the Com- 
mittee by the Resolve of the 25 th of August last not being in 
Town, Resolved that M r Chief Justice and M r Kemble be 
added to the said Committee. 

Ordered that M r Leonard do Acquaint the House of Assem- 
bly, That M r Reading, M r Alexander, M r Rodman, M r Chief 
Justice M r Hude M r Coxe and M r Kemble or any three of 
them be a Committee to join the Committee of the House of 
Assembly to Consider in a free Conference of Ways and 
Means for suppressing the Riots and present Disorders in 
this Colony Meet for that Purpose on Monday next at five in 
the Afternoon at the House of the Widow Hunloke in this 
City and Continue to meet de Die in Diem at that place and 
Hour. 

The Bill Entitled an Act for preventing Tumults and 
Riotous Assemblys which was Read the first Time on the 



-540 NEW JERSEY COLONIAL DOCUMENTS. [1747 

21 st of August last was now Read a Second Time and Com- 
mitted to the Committee appointed to Conferr & 

Ordered that M r Secretary do Carry to the House of 
Assembly the Papers N 1, 3, 8, 9, 13, 14, 15, 16, 17, 18, 19, 
20, 23, 24, 25, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 
with the Coppies thereof which have been Examined by this 
House, that the House of Assembly may also Examine the 
same, in order, that both Houses may have them under Con- 
sideration at the same Time; And that he request of the 
House of Assembly the Papers laid before that House by 
His Excellency in August last for the ^Consideration of this 
House. 

His Excellency by the Secretary laid before this House 
sundry Papers viz* 

N 43. Some Depositions taken before Amos Williams Jus- 
tice containing some other Complaints. 

N 44. Two Depositions taken before Abraham Vanbuskirk 
Justice in Bergen County. 

N45. Complaint of Edmund Bainbridge Thomas Price 
and others* 

N 46. A Letter from Edmund Bainbridge and John Ander- 
son to His Excellency Dated at Bristol 26 th November 
1747. 

The House continued till 3 "clock P. M. 

Present 
The Hon ble James Alexander John Coxe ^ 

Richard Smith Peter Kemble and V Esq r3 

Robert Hunter Morris Thomas Leonard J 

M r Leonard Reported that he had Obeyed the Order of 
this Morning 

M r Secretary Reported that he had Obeyed the Order of 
this Morning. 

M r Spicer and M r Emley from the House of Assembly 
Presented for the Concurrence of this House a Bill Entitled 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 541 

an Act to prevent Actions of Fifteen Pounds and under 
being brought into the Supreme Court of this Province. 

And also a Bill Entituled An Act to continue an Act for 
better settling and regulating the Militia of this Colony of 
New Jersey for Repelling Invasions and Suppressing Insur- 
rections and Rebellions 

Which Bills being Read the first Time were Ordered a 
Second Reading. 

M r Leonard moved for Leave to go Home and to return 
on Monday He had Leave accordingly. 

The House continued till Saturday 28 th of Nov r 1747 

Present. 

The Honorable James Alexander Robert Hunter Morris ^ 
John Rodman John Coxe and > 

Richard Smith Peter Kemble J 

The Bill Entituled an Act to prevent Actions of Fifteen 
pounds and under being brought into the Supreme Court, 
and the Bill Entituled an Act to Continue an Act for better 
settling and regulating the Militia of this Colony & were 
Read a second Time and both Committed to the Gentlemen 
of the Council or any three of them. 

N47. His Excellency by the Secretary laid before this 
House a private Paper, Entituled an Answer to the 
Council of Proprietors two Publications & It ends 
with the words (by order of the Committee) 

The papers from N 43 to N 47, inclusive were Read. 
The House continued 'till Monday 30 th of November 1747.. 

Present 
The Honourable James Alexander ^ 

John Coxe and > Esq rs 
Peter Kemble J 

M r Alexander acquainted the House that M r Spicer this 
Day had delivered to him sundry Papers amounting to 29 



542 NEW JERSEY COLONIAL DOCUMENTS. [1747 

in Number and a List of them, also a Message from the 
House of Assembly relating thereto, which Papers List and 
Message he had received from him (this House not being 
Sitting) at the time, and he delivered the same in at the Table, 
which Message is as follows. 

November 28 th 1747. Ordered that M r Spicer do Carry 
to the Council the Papers which were laid before this House 
by His Excellency in August last with a List thereof accord- 
ing to the request of that House signified in their Message of 
Yesterday. 

The Papers are 29 in Number 

THO S BARTOW C k of the Assembly 

A Message from the House of Assembly by M r Kearny 
and M r Learning. 

Munday November 30 th 1747. This being the Day Ap- 
pointed by the Council for the Committees of both Houses to 
Meet on the free Conference Ordered that M r Kearny and 
M r Learning do wait on the Council and Acquaint them that 
the Papers sent? by them to this House on Friday last have 
been Read and referred to a Committee of the whole House 
on Saturday last and the said Committee not having had 
Time to Consider the Same, This House are of Opinion, that 
it will be proper to deferr the Meeting of the said Commit- 
tees until the said Papers have been further Considered, of 
which Notice shall be given to that House 

THO S BARTOW C k 

The House continued till Tuesday December 1 st 1747. 

Present 

The Hon ble James Alexander Peter Kemble ^ 

Richard Smith and V Esq rs 

Robert Hunter Morris John Coxe J 

Ordered that M r Secretary do Acquaint the House of 
Assembly that this House having Occasion to Consider the 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 543 

Papers sent to the Assembly on Fryday last, Request that 

they may be returned to this House. 

M r Secretary Reported that he had Obeyed the above Order 
The House continued till Wednesday December 2 nd 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman John Coxe and > Esq rs 

Richard Smith Peter Kemble .J 

M r Secretary Acquainted the House that he had received 
from M r Bartow Clerk of the Assembly the Papers which 
were sent by this House to the House of Assembly on Friday 
last, and were requested Yesterday. 

M r Morris from the Committee who were Appointed to 
draw up an Address in Answer to His Excellency's Speech, 
Reported that they had prepared an Address accordingly, 
which was Read and Approved of and Ordered to be En- 
grossed 

The House continued till 3 o'Clock P. M. 

Present. 

The Hon ble James Alexander John Coxe ^ 

Richard Smith Andrew Johnson > Esq rs 

Robert Hunter Morris & Peter Kemble J 

The House continued till Thursday December 3 d 1747. 

Present. 

The Hon bl8 James Alexander Andrew Johnson ^j 

Richard Smith Peter Kemble 

V. J^Jgo 

Robert Hunter Morris and 

John Coxe Thomas Leonard J 

The Engrossed Address being Read and Examined 
Ordered that the Speaker do Sign the same. 
Ordered that M r Chief Justice and M r Coxe do wait on 
His Excellency and Acquaint him that the House is ready to 



544 NEW JERSEY COLONIAL DOCUMENTS. [174T 

attend him with the said Address when His Excellency will 
be at Leisure to receive the Same. 

M r Chief Justice and M r Coxe Reported that they had 
waited on His Excellency, who was pleased to Say, that he 
would be ready to receive the Address of this House on 
Saturday Morning. 

The House continued till 3 o'clock P. M. 

Present. 

The Hon ble James Alexander Andrew Johnson "j 

Richard Smith Peter Kemble ' 

Robert Hunter Morris and j 

John Coxe Thomas Leonard J 

The House continued till Friday December the 4 th 1747. 

Present. 

The Hon ble James Alexander Robert Hunter Morris ^ 
John Rodman Andrew Johnson ' 

Richard Smith Peter Kemble and j 
John,Coxe Thomas Leonard 

Ordered that M r Secretary do Carry to the House of 
Assembly the Papers received from their Clerk on Wednes- 
day the Second Instant and keep the Coppies thereof for the 
Use of this House. M r Secretary Reported that he had 
Obeyed the above Order. 

N 48. M r Secretary by His Excellency's Order laid before 
this House a Letter from Stephen Hopkins Dated at 
Providence September 29 th 1747, with Affidavits and a 
Coppy of a Letter from His Excellency in Answer 
thereto Enclosing seventy Counterfeit Bills of Credit 
of this Province 10 of them of Bills- of 12/ and 60 
of them of 6/ each, which are now numbered from 1 
to 70 and marked on the back (Read) which Papers 
were Read. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 545 

The House taking into their Consideration the present 
Dangerous State of the Province and the absolute Necessity 
of Speedy Measures to Enforce the Laws and Support His 
Majesty's Authority, and being willing to do all in their 
Power, to Contribute to those good purposes Do order that 
the Committee appointed to join a Committee of the Assem- 
bly to Consider of Ways and Means for Suppressing the 
Riots and prevent Disturbances, Do Meet for that Purpose, 
at the Widow Hunlokes at five o'Clock this Afternoon, and 
that M r Leonard do Acquaint the House of Assembly there- 
with and request of them that their Committee may attend at 
the Time and place Appointed. 

The House continued till 3 o'Clock P. M. 

Present. 

The Hon ble James Alexander John Coxe "l 

John Rodman Andrew Johnson ' 

Richard Smith Peter Kemble & ( ^^" 

Robert Hunter Morris Thomas Leonard J 

A Message from the Assembly by M r Stelle and M r 
Learning. 

Ordered that M r Stelle and M r Learning do wait on the 
Council and Acquaint them in Answer to their Message by 
M r Leonard, Received about three o'Clock this Afternoon, 
that this House having received the Papers sent from this 
House to the Council on Tuesday last Except (N 32,) about 
11 o'Clock this Morning when they were closely Engaged 
on the Bill for Support of Government, They have not had 
Time to Enter into a Committee of the whole House to Con- 
sider those Papers (to which they were referred) But that as 
soon as the House have gone thro' the Bill for Support of 
Government they will resolve into a Committee of the whole 
House on this Affair as Recommended in His Excellency's 
Speech, and when the said Committee have Reported thereon 
the Council shall be Informed thereof; That the Committees 

35 



546 NEW JERSEY COLONIAL DOCUMENTS. [1747 

of both Houses in the free Conference may proceed without 
Delay. 

December 4 th 1747. THO" BARTOAV C k 

The House continued till Saturday December 5 th 1747. 

Present 

The Hon ble James Alexander John Coxe "| 

John Hodman Andrew Johnson I 

Richard Smith Peter Kemble & ( 

Robert Hunter Morris Thomas Leonard J 

The Council waited on His Excellency with their Address 
which is as follows. 

May it please your Excellency. 

We His Majesty's Council for the Province of New Jersey 
in General Assembly met begg leave to return your Excel- 
lency our thanks for your favourable Speech to both Houses 
delivered on the nineteenth of last Month and to Assure your 
Excellency that we are come together with hearty inclinations 
to promote the Welfare of the Province, and shall do every 
thing in our power to give Dispatch to those things that we 
shall Judge conducive to the publick Advantage. 

The Secretary agreeable to your Excellency's orders has 
laid before us sundry Petitions and other Papers which we 
have now under our Consideration and if upon a diligent 
enquiry we judge the Complainants entituled to the Aid of 
the Legislature we shall readily join in the most effectual 
Measures for that Purpose. 

It is with the utmost concern we have heard of the many 
Insurrections that have hap'ned in this Province of late 
Years. These bold and daring Attempts to throw off His 
Majesty's Authority and their Dependance on the Crown of 
Great Britain The trampling as they have done the Laws 
of their Country under foot and bidding publick and open 
Defiance to the Government must soon bring upon the 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 547 

Province the Calamity of a Civil Warr if timely and effectual 
Measures are not taken to put a Stop to its rapid Progress. 

These Insurrections are managed by numbers of People in 
this Province who for the better carrying on their wicked 
purposes keep up a Correspondence as well by Letter as by 
the Communication of the persons concern'd This Combi- 
nation so dangerous to the Peace and Dependance of the 
Province has too long Subsisted and is Supported by such a 
Number of Desperate people that all the Efforts of the Gov- 
ernment to Dissolve it and to bring the Delinquents to Justice 
have been to no purpose. In Consequence of which the 
Course of Common Justice is at a Stand His Majesty's leige 
Subjects are deprived of the Benefits of the Law their Prop- 
ertys are no longer protected and great Numbers of Men who 
stand Indicted for High Treason in Levying warr against our 
Sovereign Lord the King and other Great Crimes have the 
boldness to brave the publick Justice of the Province and to 
Travel openly about the Country in Defyance of the Laws. 

We cannot but observe to your Excellency that this Com- 
bination was Set on foot and first Shewed it Self by a Riot 
in Essex on the Nineteenth of September 1745, A Time when 
His Majesty His Ministers and His Forces were all busily 
employed in prosecuting a just and necessary Warr against 
two powerful Nations and in Quelling an Unnatural Rebellion 
at that time Raging in Great Britain And their choosing that 
time for the perpetration of their wickedness shews the design 
of throwing off their Dependance on the Crown of Great 
Britain was deeply laid because at that time it was not possi- 
ble for His Majesty to Spare any of his Forces to give a 
Check to it and this they Bouy'd themselves up with and 
publickly gave out. 

To render themselves more secure to establish themselves 
hereafter and to Strengthen their Hands for the Better 
Execution of their Scheme they have publickly denied His 
Majesty's Right to the Soil of His Plantations Avowing that 
His Grants thereof are Void. They have in contempt of 
His Majesty's orders and contrary to the express Laws of the 



548 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Country made large purchases of Lands from the Indians 
without the leave of the Government and have Set up Obso- 
lete Indian Deeds obtained in a criminal and clandestine 
manner as the best and only title to the Soil of America And 
have drawn into their Confederacy Numbers of Men Seated 
by Lease and otherwise on Lands to which they have not the 
least Pretence to Support their new Scheme of Power. 

These proceedings may it please your Excellency have 
already brought things to this Crisis that His Majesty's au- 
thority is no longer regarded His Lawful Commands are 
Treated with contempt His known Officers beat and abused 
in the Execution of their Offices, His Goals in different Coun- 
ties of this Province broke open and the Prisoners therein 
detained and released from their Confinement and ruin and 
Desolation threatned to His Majesty's faithfull Subjects that 
Should oppose them in the Execution of their wicked 
Practices. 

To put an effectual Stop to these dangerous attempts We 
have from time to time done every thing in our power agree- 
able to our Inclinations and the Trust Reposed in us by His 
Majesty, And fte wish we could Say that the Desired Success 
had attended our Endeavours. 

Your Excellency's happy arrival among us and your 
Strong Inclinations to do Justice in the Province and re-Es- 
tablish His Majesty's Authority and the Laws of the Coun- 
try we expected would have put a Stop to their progress and 
Given a Check to their Insolent Behaviour but we find it had 
not that Effect On the Contrary they go on in the manner 
they Used to do and have Committed two Riots in the County 
of Morris and one in the county of Essex since your Arrival. 

Had these people been denyed the benefits of the Law had 
there been any Tyranny whatsoever exercised over them 
there might have been Some pretence for their Acting in the 
Manner they have done (tho' it be wrong and irregular) but so 
far is it from any thing of that kind that they have lived under 
the protection of the Laws of England the Mildest in the 
World and Executed in the Mildest manner Courts both of 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 549 

Law and Equity have been constantly Subsisting in the Prov- 
ince and the Method of Appealing from one to another has been 
long Settled and the Course of Justice known to the people 
of the Province And as your Excellency justly Observed had 
they. been in any thing aggrieved they might have applyed 
themselves to His Majesty's Courts of Judicature and from 
thence by appeal to His Majesty in Council Who Could and 
doubtless would have done them Justice But they were and 
are above asking redress of the Laws in the regular and 
ordinary Course or Submitting to any other determination 
than that of their own Will and Pleasure. 

Your Excellency has a very just Sense of the Consequence 
of these proceedings and your Duty and Affection to the 
Best of Kings who has Trusted His Authority in this Province 
in your Hands as well as your own Inclinations to give Peace 
and Tranquility to a People committed to your Charge we 
are well Assured will all Conspire to Induce your Excellency 
to Act with Vigour in an Affair where His Majesty's Author- 
ity is at Stake and where too much Lenity to such Criminals 
may be Cruelty to a Country. 

Agreeable to your Excellency's Advice we have Appointed 
a Committee to join a Committee of the House of Assembly 
to consider of the most effectual Means to put a Stop to these 
disturbances, Upon this Committee We have named those of 
our Members that have made the Law their Study and are 
therefore best acquainted with the Nature of the Offences 
Committed and best able to Advise as to the remedies Ade- 
quate to the Occasion. 

We do assure your Excellency that none of the Members 
of our House are any otherwise Interested in this Affair than 
as they are Freeholders in the Province and faithful subjects 
to the King and as Such we Conceive every Freeholder and 
good Subject in the Province is interested and the Greater the 
Freehold the Stronger the Interest to Put an End to the 
Disturbances and to restore Peace to this Province as the 
Pretence and Proceedings of these Publick disturbers strike 
at the foundation of Property in Lands, at His Majesty's 
Authority and the Laws of the Country. 



550 NEW JERSEY COLONIAL DOCUMENTS. [1747 

As the Suppressing of these Riots is of the greatest Conse- 
quence to the safety of the Province and its Dependance on 
the Crown of Britain and as His Majesty's Authority in His 
Plantations is evidently Struck at we shall make it the princi- 
pal Object of our Care and to the utmost of our power shall 
afford Your Excellency all possible Assistance in restoring 
the Peace of the Province and Re- Establishing the Laws of 
the Community. 

By Order of the House 

JA. ALEXANDER Speaker. 

Burlington Dec r 3 d 1747. 

To which His Excellency was pleased to make a favourable 
Answer. 

M r Learning and M r Brick from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act for Erecting the Southern parts of the County of 
Salem in New Jersey into a separate County and Ascertaining 
the Boundaries of the several Precincts therein. 1 

The House Continued till Monday December 7 th 1747. 

Present. 
The Hon ble James Alexander Andrew Johnson ^ 

Richard Smith Peter Kemble 

> Eso rs 
Robert Hunter Morris and 

John Coxe Thomas Leonard J 

The Bill Entituled an Act for Erecting the Southern parts 
of the County of Salem in New Jersey into a Separate County 
& c was Read and Ordered a Second Reading. 

The House continued till Tuesday December 8 th 1747. 

Present. 

The Hon ble James Alexander John Coxe "j 

John Rodman Andrew Johnson 

Richard Smith Peter Kemble & [ 

Robert Hunter Morris Thomas Leonard J 

1 This act set off Cumberland county. It was passed January 19th, 1747-8. Revi- 
sion of JS T ew Jersey, 90S. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 551 

M r Chief Justice informed the House that in the Term of 
August last held at the City of Perth Amboy for this 
Province sundry Persons to the Number of 32 were Indicted 
of High Treason 1 in Levying Warr against our Sovereign 
Lord the King by the Grand Jury of the County of Middle- 
sex the Names of the particular Persons had been returned 
to the Governor by His Majesty's Attorney General and laid 
before this House That at the Term of November last Pro- 
cess of High Treason was Ordered against the several Per- 
sons so Indicted Directed to the Sherriffs of the Countys 
where the several Delinquents resided. 

That by virtue of one of the said Writts directed to the 
Sherriff of Hunterdon against David Brayley 2 one of the 
Persons so Indicted the said Sherriff on the twenty fifth day 
of November last took the said David Brayley and Committed 
him to His Majestys Goal at Trenton where he lay till the 
fourth Instant in the Evening when a Number of Persons 
came in a Body and broke open said Goal and took from 
thence the said Brayley in Contempt of His Majesty's 
Authority and the Laws of the Country 

The Chief Justice also informed the House that he had 
received Information that the Persons concerned in taking 
Brayley 3 out of the Goal at that time gave oufe that they 
intended to come to Burlington this Week in a great Body in 
order to lay their Grievances before the Assembly and to pre- 
vent their being taken up and Confined for any of the 
Crimes they had Committed. 

The House Considering that a great Body of Men coming 
to the Town where His Excellency and the other Branches of 
the Legislature are sitting may be of most dangerous tendency 
to the Peace and Security of the Province to the personal 
safety of His Excellency and others concerned in the Legis- 
lature and of pernicious Example are therefore of Opinion 
that this Matter be immediately Laid before His Excellency 

1 For their names, see N. J. Archives, VII., 458. 

2 David Brearley, doubtless the father of David Brearley, subsequently Chief 
Justice of the State of New Jersey. 

3 See N. J. Archives, VII., 86, 219. 



552 NEW JERSEY COLONIAL DOCUMENTS. [1747 

that he may take such Measures to prevent the Same and in 
Execution of the Laws as shall be judged most Effectual. 
The House continued till Wednesday December 9 th '1747. 

Present 

The Hon ble James Alexander John Coxe ^j 

John Rodman Andrew Johnson rg 

Richard Smith Peter Kemble & ! 

Robert Hunter Morris Thomas Leonard J 

M r Nevill and M r Hopkins from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act for making Current Forty thousand Pounds in Bills 
of Credit. 

The Bill Entituled an Act for Erecting the Southern parts 
of the County of Salem in New Jersey into a Seperate County 
& c was Read a second Time and Committed to the Gentlemen 
of the Council or any three of them. 

The Secretary by His Excellency's Order laid before this 
House His Excellency's Answer to the Address of this House 
in the following words. 

Gentlemen of the Council. 

I thank you for this kind Address, and for the assurance 
you give me of your best Advices and Resolutions to Assist 
me to the utmost of your Power for bringing to an End the 
Confusions and Disorders that have too long Subsisted in the 
Province from the Atrocious Attempts of a Combination of 
the Sons of Violence who seem to Imagine themselves capable 
of giving Rules to the Kings dutiful Subjects, and such as 
tend only to Anarchy and all sorts of Evil, And I heartily 
wish the Members of His Majesty's Council and those of the 
General Assembly may so Agree as to Let me have the Honor 
and Happiness of giving a finishing hand to the Establish- 
ment of the Peace and Tranquility of the Province. 

J. BELCHER 

Burlington December 8 th 1747 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 553 

The House continued till 3 o'Clock P. M. 

Present 

The Hon ble James Alexander Andrew Johnson ^j 

Richard Smith Peter Kemble 

Robert Hunter Morris and > ^^ 

John Coxe Thomas Leonard ) 

The Secretary Reported that he had Carried to the House 
of Assembly the Paper N 32 which he had detained in his 
Hands untill he could make a second Coppy thereof the first 
being delivered to the Attorney General 

This House having Examined the Coppies of the Papers 
N 43, 44, 45, 46, Ordered that the Secretary do Carry to the 
House of Assembly the said Papers with the printed Paper 
N 47. 

The House continued 'till Thursday December 10 th 1747. 

Present 

The Hon bla James Alexander John Coxe ""I 

John Rodman Andrew Johnson ' 

Richard Smith Peter Kemble & ( ^* 

i 

Robert Hunter Morris Thomas Leonard J 

M r Secretary reported that he had Obeyed the order of 
Yesterday. 

His Excellency having Yesterday communicated to the 
Council a letter from David Martin Esq r Sherriff of Hunter- 
don Dated at Trenton the Sixth day of December instant, 
Ordered that it be entered on the Minutes of this House and 
it is in the following Words. 

Sir, 

I think it my duty to inform your Excellency that Yester- 
day about four in the afternoon, a number of Men came to 
Trenton in a Riotous manner, armed with Clubs and Cudgels 
and breaking open the prison took away with them one David 
Brayley a Prisoner under my Care and keeping, whom I had 
arrested at the Suit of the King by virtue of a Writt issued 
out of the Supreme Court of this Province on an Indictment 



554 NEW JERSEY COLONIAL DOCUMENTS. [1747 

for high Treason. A Defence of the Goal to any available 
purpose being impracticable as matters stand here at present 
I contented myself with meeting them in the Street near the 
Prison door, and enquiring what they came for in such a 
Riotous manner, they answered they came for David Brayley 
whom I detained in prison and whom they must have out, I 
expostulated with them about the' heionousuess of the Crime 
they were going to commit, that the repeating the Crime so 
often was a great Aggravation of their Guilt, and Observed 
to them that whatever Constructions the Law might put on 
what they had done before in breaking Goals, yet as the 
prisoner, yet as the prisoner whom they now came to Rescue 
was. committed at the Suit of the King by virtue of a Writt 
on an Indictment for High Treason the rescuing of him was 
undoubtedly high Treason by the Law ; and the doing of it 
at this particular juncture, was a great Insult, and an Open 
defiance to the whole Body of the Legislature of this Prov- 
ince, now sitting and deliberating how to quiet the disturb- 
ances they had occasioned in a manner the most tender to 
them. They listned to Me with Attention and John Ander- 
son and Edmund'Bainbridge their two chiefs answered me 
that they were going next Week to give an Account of all 
their proceedings to the Governor and Assembly. Having a 
Writ against Edmund Bainbridge for the same Crime with 
Brayleys, I arrested him in the midst of them, and told them 
it was equally Criminal to rescue Bainbridge as Brayley but 
all to no purposa. I shall be glad to receive your Excellen- 
cy's Instructions how to behave in this difficult affair ; and 
am with dutiful Regard your Excellency's Obedient 
& most humble servant 

D. MARTIN. 1 

Trenton Dec r 6 th 1747. 

The House having received Information upon which they 
can Depend that a Number of Evil minded Men did on 

1 Another copy of this letter is printed in N. J. Archives, VII., 86, as found among 
the papers of James Alexander, and now in the Rutherfurd Collection, Vol. I., No. 
30. The letter as given in the Archives is doubtless more faithful to the original 
than the copy above given, from which it differs, though not materially. 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 555 

Friday the 4 th Instant Assemble themselves in an unlawful 
manner in the Town of Trenton and then in open Defiance 
of the Law and Contempt of His Majesty s Authority did 
break open His Majestys Goal for the County of Hunterdon 
and forcibly take from thence one David Bray ley who stood 
Committed upon a process issued out of the Supreme Court 
of this Province at the Suit of the King for High Treason in 
Levying Warr against our Sovereign Lord the King tho' 
They knew that the said Brayley was Indicted and stood 
Committed for High Treason. 

And this House having also received information That 
the Persons so Assembled at Trenton for the Treasonable 
purposes aforesaid Did then give out certain Threatning 
Expressions of their Intentions of coming to this Town in a 
great Body in Order to Apply to the Governor and Assem- 
bly and to prevent their being Apprehended by the Officers 
of the Government for any of the Crimes they had Com- 
mitted; And this House taking the said Information into 
their Consideration and Weighing the many Dangerous Con- 
sequences that may attend such a bold and daring Insult 
upon the Legislature now Sitting, and that from the past 
Conduct of the desperate People concerned in Supporting 
and perpetrating the many Riots and Treasonable insurrec- 
tions that have been committed in this Province there is too 
much Reason to Expect they will carry into Execution their 
Threats of coming to this Town in a Body 

And as His Majesty's Authority and the Laws of the 
Community are openly Slighted and abused by such repeated 
Insurrections and as such an Insult upon the Legislature 
will be of most dangerous and pernicious Example and 
Occasion the greatest Confusion in the Province. 

This House are therefore of Opinion that the most effectual 
Measures should immediately be Concerted in order to prevent 
any such Traiterous Design against His Majesty's Authority, 
the freedom of the Legislature or the Peace and safety of the 
Province, and in Order to Strengthen the Hands of the Gov- 
ernment so as to Enable them to bring to Tryal and Punish- 



556 NEW JERSEY COLONIAL DOCUMENTS. [1747 

ment those Persons who have been daring enough to Act in 
such open Violation of the Laws of the Country. Where- 
upon it is agreed that a Conference be desired of the House 
of Assembly upon the Subject matter aforesaid. 

And it is Ordered that M r Kemble Do wait on the House 
of Assembly and request a Conference accordingly And (to 
prevent Delay in a Matter of so great and immediate Con- 
sequence) Acquaint them that this House have appointed M r 
Chief Justice M r Coxe and M r Johnson, to be a Committee 
to Conferr with such Committee as the House of Assembly 
shall Appoint on the said Subject matter And that the said 
Committees do Meet for that Purpose at the Widow Hun- 
lokes at five o'Clock in the Afternoon. 

Collonel Peter Schuyler delivered in a Memorial Directed 
to His Excellency the Governor, to the Council and Assem- 
bly which was Read. 

The House continued till 3 o'Clock P. M. 

Present 

The Hon ble James Alexander John Coxe "| 

John Rodman Andrew Johnson ! 

Richard Smith Peter Kemble & f Es( i" 

Robert Hunter Morris Thomas Leonard } 



M r Kemble Reported that he had Obeyed the Order of 
this Morning. 

A Message from the House of Assembly by M r Learning 
and M r Daniel Smith. 

Dec 1 10 th 1747. Ordered that M r Learning and M r Daniel 
Smith do wait on the Council and Acquaint them that this 
House have appointed M r Kearny, M r Cooper, M r Spicer, M r 
Fisher, M r Hancock and M r Richard Smith to be a Com- 
mittee to Conferr with a Committee of that House at the 
Time and Place appointed in a Free Conference (if that be 
intended by that House) on the Subject matter of their 
Message. 

THO" BARTOW, C k 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 557 

The House continued till Friday December 11 th 1747. 

Present. 
The Hon ble James Alexander John Coxe "") 

John Rodman Andrew Johnson [ * M 

Richard Smith Peter Kemble & [ jSq " 

Robert Hunter Morris Thomas Leonard J 

The Bill Entituled an Act for making Current Forty thou- 
sand Pounds in Bills of Credit was Read the first Time and 
Ordered a Second Reading. 

M r Cooper and M r Stelle from the House of Assembly 
Presented for the Concurrence of this House a Bill Entituled 
an Act to oblige the several Sherriffs of this Colony of New 
Jersey to give Security, take the Oaths and Affirmations 
therein directed for the due Discharge of their Offices, and to 
Prevent their too long Continuance therein. 

M r Johnson Chairman of the Committee appointed to Con- 
ferr upon the Subject Matter of the Message sent Yesterday 
to the House of Assembly Reported from the Committee that 
according to the Order of this House they had Met with the 
Committee appointed by the Assembly who Declared that 
they had no Authority from their House as they understood 
to Conferr upon any other matter contained in the said Mes- 
sage than what related to the Designs formed by the Rioters 
of Coming in a Body to this Town and interrupting the free- 
dom and safety of the Legislature And upon this Point the 
Committees appointed by both Houses came to this Conclusion 
that it might be proper and prudent for each of the said 
Houses with all possible Expedition to form Resolves show- 
ing their Disapprobation of receiving any Petitions from Men 
coming in a Tumultuous and Riotous manner and Notifying 
the same in the most publick manner, that Each of the said 
Houses would exchange with the other such Resolves, And it 
was also thought necessary to submit the other part of the 
said Message to the Committees Appointed by both Houses 
on the Twenty fifth day of August last. 



558 NEW JERSEY COLONIAL, DOCUMENTS. [1747 

A Message from the House of Assembly by M r Cooper and 
M r Stelle. 

M r Kearny one of the Committee appointed on the free 
Conference with the Committee of the Council on the Subject 
matter of the Message of that House Reported that the Com- 
mittees met and did Conferr thereon and Agree to Report to 
both Houses as the Committees that some Resolutions be 
entered into proper to Discourage such large Numbers of 
Persons coming down to this Place to lay their Complaints 
before any Branch of the Legislature in such manner as is 
Reported, But that if any Persons who have been Indicted or 
legally Accused of the Disorders Committed in this Colony 
have any thing to Offer it ought to be done in a Decent man- 
ner by a small Number of others in their Behalf. 

Resolved nemine contradicente That any Number of Per- 
sons coming to Present Petitions or lay Complaints before 
any Branch of the Legislature in a Tumultuous manner or in 
Company with any Person or Persons Indicted for or legally 
accused of the Disorders Committed in this Colony in order 
to protect or Countenance such Persons is and will be a High 
Infringement of the Priviledges of the Legislature an Insult 
upon them and a Contempt of the Laws, but if any of those 
Persons so Indicted or Accused have any thing to Offer it 
ought to be presented in a decent Manner by a small Number 
of others in their behalf. 

Ordered that M r Cooper and M r Stelle do wait upon the 
Council with a Coppy of the above Resolve and Report and 
acquaint them that this House Proposes forthwith to Order 
the Sherriff of Hunterdon to publish the said Resolve in some 
of the most publick Places of that County. 

Dec 1 11 th 1747 Tno 8 BAETOW C k 

Whereas this House having received information that some 
Persons who stand indicted and Accused of High Treason in 
Levying Warr against our Sovereign Lord the King and for 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 559 

other great Crimes intend to gather a great Number of Men 
in order to Come in a Body to this Town in High Contempt 
of the Laws of the Country and of the Legislature of the 
Province now Sitting. And whereas the Design of their 
coming in the manner proposed is given out to be in order to 
lay their Grievances before the Legislature and to protect 
such Persons as stand Accused of any Crime from being 
taken by the Kings Officers The House therefore Unani- 
mously came to the following Resolutions (Viz 4 ) 

Resolved that any Number of Men gathering themselves 
together or Assembling in a Riotous and Tumultuous manner 
in order to accompany any Petitions or lay any Complaints 
before any of the branches of the Legislature of this Prov- 
ince is dangerous to the Peace and safety of the Province a 
High Contempt of the Body of the Legislature an open vio- 
lation of the Laws and Constitution Evidently tending to 
Infringe and break in upon the Liberty and Independency of 
the several Branches of the Legislature to Awe and Influence 
them in Matters under their Consideration and is of most 
Dangerous and Pernicious Example. 

Resolved that any Number of Men gathering themselves 
together or Assembling in order to protect any person from 
being taken by the officers of the Government who stand 
Indicted or legally Accused of High Treason or any other 
Crime is a great Contempt of His Majesty's authority, of the 
known Laws of the Land and is highly Criminal. 

Ordered that the Sherriffs of Hunterdon, Somerset, Mid- 
dlesex and Essex do publish and Affix these Resolutions in 
the most publick places in their respective Counties. 

Ordered that M r Smith do wait on the House of Assembly 
with the Resolutions of the House of this day and, Acquaint 
[that body] that this House think it Advisable forthwith to 
Order the Sherriffs of Hunterdon Somerset Middlesex and 
Essex to publish the said Resolves in the most public Places 
of their respective Counties and Hope that House will Extend 
their Order to the said Counties. 



560 NEW JERSEY COLONIAL DOCUMENTS. [1747 

The House continued till Saturday December 12 th 1747. 

Present 

The Hon ble James Alexander John Coxe ""I 

John Rodman Andrew Johnson 

Richard Smith Peter Kemble & 

Robert Hunter Morris Thomas Leonard J 

M r Smith reported that he had Obeyed the Order of Yes- 
terday. 

The Bill Entitled an Act to Oblige the several Sherriffs of 
this Colony of New Jersey to give Security & c was read the 
first Time and Ordered a Second Reading 

The Bill Entituled an Act for making Current Forty 
thousand pounds in bills of Credit was read a second Time 
and Committed to the Gentlemen of the Council or any three 
of them. 

In pursuance of the Order of this House of the twenty 
third of November last directed to the Attorney General he 
sent to this House the papers following (viz*) 

N49. The Facts of the Essex Riots Stated the first of 
May 1746. ' 

N 50. The State of the Riots and Treasons committed in 
this province referring to N 32, with an Account of 
what Steps have been taken by him to bring them to 
Justice and the reason Why (in His opinion) those 
Steps have proved ineffectual, Both which papers were 
read. 

The House continued 'till Tuesday December 15 th 1747 

Present. 

The Hon ble James Alexander John Coxe ^j 

John Rodman Andrew Johnson 

Richard Smith Peter Kemble & [ 

Robert Hunter Morris Thomas Leonard J 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 561 

The Bill Entituled an Act to Oblige the several Sherriffs 
of this Colony to give Security & e was read a Second Time 
and Committed to the Gentlemen of the Council or any three 
of them. 

The House continued 'till Wednesday the 16 th of December 
1747. 

Present 
The Hon ble James Alexander John Coxe 

John Rodman Andrew Johnson 

Richard Smith Peter Kemble & I 

Robert Hunter Morris Thomas Leonard J 



His Excellency by the Secretary laid before this House 
sundry Depositions relating to the breaking open the Goal at 
Trenton on the fourth Instant and rescuing from thence one 
David Brayley who therein stood Committed for High 
Treason And also relating to the Intention of the Rioters to 
come in a Body to the City of Burlington on the sixteenth 
Instant. 

N 51. The Deposition of Joseph Higby. 

N 52. The Deposition of Jasper Smith 

N 53. The Deposition of John Allen Jun r 

]N 54. The Deposition of William Morris Jun r 

N 55. The Deposition of John Jenkins 

N 56. The Deposition of Frederick Garest 

N 57. The Deposition of David Martin which were Read. 

Ordered that the Secretary do carry the above Depositions 
to the House of Assembly. 

M r Secretary Reported that he had Obeyed the above 
Order. 

The House continued 'till Thursday December 17 th 1747. 

Present 
The Hon ble James Alexander John Coxe ^ 

John Rodman Andrew Johnson ' n 

Richard Smith Peter Kemble & j 

Robert Hunter Morris Thomas Leonard J 
36 



562 NEW JERSEY COLONIAL DOCUMENTS. [1747 

A Message from the House of Assembly by M r Cooper and 
M r Eatton. 

Ordered that M r Cooper, M r Eatton, M r Cook, M r Spicer, 
and M r . Learning be a Committee to join a Committee of the 
Council to Inspect the Treasurers Accounts, and also to 
Inspect and Burn the Cancelled Bills now in the Hands of 
John Allen Esq r and make Report to the House and that M r 
Cooper and M r Eaton do inform the Council thereof and 
Desire that House to Appoint a Committee for that purpose. 
THO" BARTOW C k of the Assembly. 

Ordered that M r Rodman M r Smith and M r Leonard or 
any two of them be a Committee to join the Committee Ap- 
pointed by the House of Assembly to Inspect the Treasurers 
Accounts and also to Inspect and Burn the Cancelled Bills 
now in the Hands of John Allen Esq r and make report to 
this House And that they Meet at such Time and Place as 
the Committee shall Agree upon. 

Ordered that M* Smith do acquaint the House of Assembly 
therewith. 

The House continued 'till Friday December 18 th 1747. 

Present. 
The Hon ble James Alexander John Coxe ""1 

John Rodman Andrew Johnson ! r 

Richard Smith Peter Kemble & j 

Robert Hunter Morris Thomas Leonard J 

M r Smith reported that he had Obeyed the Order of 
Yesterday. 

Ordered that a list of the Papers laid before the House of 
Assembly by His Excellency in August last and which were 
sent to this House from the House of Assembly be Entered 
in the Minutes of this House and that the said Papers be 
referred to the Committee appointed by this House to Conferr 
with the Committee of the House of Assembly. Which list 
is as follows : (Viz*) 



1747] JOURNAL OF THE PROVINCIAL COUNCIL. 563 

N 1. A Petition of Sundry Inhabitants of the Counties 

of Morris and Somerset for Relief against the Rioters 

Dated August the 14 th 1747. 
N 2. A Petition of Daniel Cooper and others praying the 

Same 
N 3. Ralph Smiths Affidavit giving Information of some 

Combinations of People to dispossess persons of their 

Lands taken May 8 th 1746. 
N 4. Burgeons Brocaws Affidavit concerning breaking 

open Somerset Goal by Rioters taken December the 3 rd 

1746. 
N 5. David Drakes Affidavit concerning the same and 

also threatning M r Nevill dated December the 8 th 1746. 
N 6. Francis Hollinsheads Affidavit concerning breaking 

open Somerset Goal by the Rioters taken December the 

8 th 1746. 
N 7. John Bennets Affidavit concerning the same, Same 

Date. 
N 8. Elisha Parkers Affidavit about Rioters turning out 

Burnets Tenants taken December 18 th 1746. 
N 9. Joseph Dalrymples Affidavit concerning the Rioters 

going to turn him out of possession of his Lands taken 

April 4 th 1747. 
N10. Thomas Miller and Thomas MDonnells Affidavit 

concerning the same taken April 15 th 1747. 
N 11. Solomon Boyles Affidavit concerning the Rioters 

their devices and purposes & taken 13 th May 1747. 
N 12. Solomon Boyle's 2 d Affidavit concerning the same 

taken June the 1 st 1747. 
N 13. Richard Fitzrandolphs Affirmation concerning the 

Riot at Amboy breaking open the Goal & taken July 

20 th 1747. 
N 14. William Dear and Jarret Walls Affidavit concerning 

John Bainbridge his Threatning after the Riot at 

Amboy taken July 20 th 1747. 
N 15. Jediah Higgins and William Hutchinson's Affidavit 



564 NEW JERSEY COLONIAL DOCUMENTS. [1747 

concerning John Wetherills Speeches in favour of the 
Rioters taken July 21 st 1747. 

N 16. James Thomson and John Stelle's Affidavit concern- 
ing the Riot and breaking open the Goal at Amboy 
taken July 23 d 1747. 

N 17. John Throgmorton's Affidavit concerning Edmund 
and John Bainbridges behaviour and Threatnings after 
the Riot at Amboy taken August 10 th 1747. 
N 18. Abraham Covenhovens Affidavit concerning the 
Rioters breaking open Somerset Goal taken December 
3 d 1746. 

N 19. Barefoot Bransons 1 

N 20. Affidavit of James Blains about the Indians at Cran- 
berry taken April 9 th 1747. 

N 21. William Browns Affidavit concerning the people on 
the Society's great Tract Entering into Agreements 
Taken May 3 d 1746. 

N 22. Isaac Brower, William Ramsay and Conrad Fred- 
ericks Affidavit concerning M Valleau and others 
threatning to Turn Edward Jeffers out of possession 
at Romopbck taken August 20 th 1746. 
N 23. Edward Jeffer's Affidavit concerning the same taken 

26 th August 1746. 

N 24. Andrew Kelley's Affidavit concerning Threatning 
M r Nevill after breaking the Goal at Amboy Taken 
July 20 th 1747. 
N 25. Ebenezer Salter's Affidavit concerning Clausen's 

Threatning M r Nevill taken July 20 th 1747. 
N 26. Sarah Martins Affidavit concerning the Riot at 

Amboy and the Threatning M r Nevill. 
N 27. James Thompsons Affidavit about M r Nevills being 
Threatned by a Rioter at Amboy Taken July 1 8 th 1747. 
N 28. Barefoot Brunsons Affidavit concerning Thomas 
Clausen's Behaviour to and Threatening of M r Samuel 
Nevill taken the Sixth of December 1746. 

1 Query : Brumson? See N. J. Archives, IV., 89. 



1747] JOURNAL OF THE PROVINCIAL, COUNCIL. 565 

N 29. Samuel Nevill Esq r Affidavit concerning the same 
taken the 8 th of December 1746. 

The House continued 'till Tuesday the 22 nd of December 
1747. 

Present. 
The Hon ble James Alexander Robert Hunter Morris ") 

John Rodman and > Esq 

Richard Smith Thomas Leonard j 

M r Alexander Acquainted the House that M r Cooper and 
M r Kearny from the House of Assembly had on Saturday 
last delivered to him a Bill Entituled an Act for the Support 
of His Majesty's Government for one Year to Commence 
from the tenth day of August 1747, to the tenth day of 
August 1748, and to Discharge the Publick Debts and the 
Arrearages and Contingent charges thereof with an Order 
from the House of Assembly to those two Members to Carry 
the said Bill to the Council, which Bill and Message he had 
received from them this House not Sitting at the Time, And 
he delivered the said Bill and Message in at the Table. 

The Bill Entituled an Act for the Support of His Majes- 
ty's Government for One Year was Read the first Time and 
Ordered a Second Reading. 

The House continued 'till Wednesday December 23 d 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman John Coxe and > Esq r " 

Richard Smith Thomas Leonard J 

M r Alexander Informed the House that M r Cooper and 
M r Daniel Smith from the House of Assembly had Yesterday 
delivered to him a Bill Entituled an Act to Impower sundry 
Inhabitants of the Counties of Burlington and Gloucester 
and others to Erect and Build a Draw or Swing Bridge over 
Coopers Creek in the said County of Gloucester and for Ap- 
pointing Commissioners to lay out a more direct Road from 



566 NEW JERSEY COLONIAL DOCUMENTS. [1747 

Burlington over the said Bridge to Coopers Ferries with an 
Order from the House of Assembly to those two Members to 
Carry the same to the Council for their Concurrence. 

Which Bill and Message he delivered in at the Table. 

M r Nevill and M r Cooper from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act to Enable the Legislature to settle the Quotas of the 
several Counties in this Colony when it shall be Necessary to 
make a Provincial Tax. 

This House at the request of His Excellency the Governor 
continues 'till Tuesday the 29 th of December 1747. 

Present. 
The Honourable James Alexander ^ 

John Rodman >Esq rs 
Richard Smith J 

The House continued 'till Wednesday December 30 th 1747. 

Present 
The Hon ble James Alexander- Robert Hunter Morris ^ 

John "Rodman John Coxe and > Esq 1 * 

Richard Smith Andrew Johnson J 

The House continued 'till Thursday December 31 st 1747. 

Present 
The Hon ble James Alexander Robert Hunter Morrig ^ 

John Rodman John Coxe and > Esq 

Richard Smith Andrew Johnson J 

The Bill Entituled an Act to Impower sundry. Inhabitants 
of the Counties of Burlington and Gloucester and others to 
Erect a Draw or Swinging Bridge over Coopers Creek in the 
said County of Gloucester and for Appointing Commissioners 
to lay out a more direct Road from Burlington over said 
Bridge to Coopers Ferries was Read the first Time and 
Ordered a second Reading. 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 567 

Ordered also that the Proofs of the matters of Fact men- 
tioned in said Bill be laid before this House. 

The Bill Entituled an Act to Enable the Legislature to 
settle the Quotas of the several Counties in this Colony when 
it shall be necessary to make a Provincial Tax was read a first 
Time and Ordered a Second Reading 

Ordered that M r Chief Justice be one of the Committee to 
Inspect the Treasurers Accounts in the Stead of M r Leonard 
who is absent. 

Ordered that M r Smith do Acquaint the House of Assembly 
therewith. 

The Bill Entituled an Act for the Support of this Govern- 
ment of His Majestys Colony of New Jersey was Read a 
second time and Committed to a Committee of the whole 
House. 

Ordered that M r Smith do Wait on the House of Assembly 
and request the several Accounts mentioned in the Bill for 
Support of Government with the Vouchers of the Articles 
thereof for the Consideration of this House. 

The House continued 'till Friday January 1 st 1747. 

Present 
The Hon bl * James Alexander Robert Hunter Morris ^ 

John Rodman and >Esq ri 

Richard Smith Andrew Johnson J 

His Excellency Came into Council and informed the 
Gentlemen of the Council that he came with Intention to 
Hear the Debates that should be upon any Bills, that by 
Hearing the Substance of them discussed He might be the 
better able to form a Judgment of the Necessity of any Bill 
proposed And that He thought it for His Majesty's Honour 
and Service and for the good of the Province, that he should 
be present when any Bill was Debating in Council. That he 
finds by the Council Books that this has been the Practice of 
all His Majesty's Governors of this Province (His late Ex- 
cellency M r Morris only Excepted) That he would constantly 



568 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

Attend the Council for the aforesaid Purposes, But did not 
intend to Vote or otherwise to Intermeddle with or Direct 
any of the Proceedings of the Council in their Legislative 
Capacity. 

M r Smith Reported that he had Obeyed the Order of 
Yesterday. 

M 1 Alexander acquainted the House that M r Daniel Smith 
and M r Hopkins had Delivered to him a Message from the 
House of Assembly which he had received from them, this 
House not Sitting at the Time and he delivered the same in 
at the Table which was Read, And it is in the following 
Words. 

Ordered that M r Daniel Smith and M r Hopkins do Wait 
on the Council and Acquaint them in Answer to their Mes- 
sage of Yesterday, That the request of that House of our 
sending the Accounts mentioned in the Bill Entituled an Act 
for Support of Government & with the Vouchers of the 
Articles thereof for the Consideration of that House is a 
thing New and at present Appears to this House to be Un- 
precedented and in its Consequences may very nearly Affect 
the Rights and Priviledges of this House. 

The Accounts made payable by that Bill are cheifly such 
as have become a Debt on this Colony in Consequence of 
their Complyance with His Majesty's Commands signified to 
the late President Hamilton by the Duke of New Castle that 
it was Expected the Colony would provide Provisions for the 
Subsistance of the Forces to be raised therein And as those 
Accounts have been carefully Examinined by a Committee of 
our whole House and as it has been always a Priviledge of 
the General Assembly of New Jersey to Judge of what Sums 
of money raised from the People are proper to be paid for 
services done by their Order or to be allowed of by them 
And His Excellency in his Speech of August last tells us it 
is more peculiarly our Priviledge and Duty to make the 
necessary Supplys for the payment of the Publick Debts & 
Therefore this House tho' well Disposed to Cultivate a good 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 569 

Understanding with the Gentlemen of the Council Yet they 
are determined not to give up their Priviledges 

January 1 st 1747. THO' BARTOW C k 

The House continued 'till Saturday January 2 d 1747. 

Present. 
The Hon ble James Alexander Robert Hunter Morris ^ 

John Rodman John Coxe and > Esq 

Richard Smith Andrew Johnson ) 

His Excellency came into the House. 

M r Morris moved that the Minute of Yesterday containing 
His Excellency's Claim of being present in Council in their 
Legislative Capacity might be Read. Which being done, He 
thereupon Urged that as an Acquiescence in an Affair of that 
Nature would not only affect the Rights of the present Coun- 
cil but all future Councils and was therefore of the utmost 
Importance, And therefore Humbly moved that a Com- 
mittee might be appointed to Consider of the said Claim. 

Which Motion being Seconded and the Question put. 

It was Carried in the Affirmative. 

Ordered that M r Rodman, M r Smith, M r Chief Justice, M r 
Coxe and M r Johnson be a Committee for that Purpose 
and other Gentlemen of this House who shall Attend the 
said Committee to have Voices 

M r Coxe moved that the Message from the House of Assem- 
bly brought to this House Yesterday might be Read, which 
was done. 

Whereupon He moved that a Committee might be Ap- 
pointed to take the same into Consideration and Report their 
Opinion thereupon to this House. 

Which Motion being Seconded and a Debate arising 

The Question being put? It was Carried in the Affirm- 
ative. 

Ordered that the said Message be referred to the Committee 
Jast Appointed in manner aforesaid. 



570 NEW JERSEY COLONIAL, DOCUMENTS. [1747-8 

M r Coxe moved for leave to bring in a Bill to Punish the 
Coiners and Counterfeiters of Foreign Coin and Bills of 
Credit. 

Ordered that M r Coxe have leave accordingly. 

M r Coxe according to leave brought in a Bill Entituled An 
Act for Punishing the Coiners and Counterfeiters of Foreign 
Coin passing Current and the Counterfeiters of Bills of Credit 
of this Province and for the better discovering the Offenders, 
which Bill was Read the first Time and Ordered a Second 
Reading. 

The House continued 'till Monday January 4 th 1747. 

Present. 
The Hon James Alexander James Hude ") 

John Rodman John Coxe ' n 

Richard Smith Andrew Johnson & \. 

Robert Hunter Morris Peter Kemble 

The Bill Entituled an Act to Impower sundry of the 
Inhabitants of the Counties of Burlington and Gloucester to 
Build a Draw or. Swinging Bridge over Coopers Creek & 
was Read a second Time and Referred to the Gentlemen of 
the Council or any three of them. 

The proofs Ordered on Thursday last relating to the above 
Bill were laid before the House and referred to the said 
Committee. 

The Bill Entituled an Act to Enable the Legislature of 
this Province to settle the Quotas of the several Counties & 
was Read a Second time and Referred to the Gentlemen of 
the Council or any three of them. 

The Bill Entituled an Act for Punishing the Coiners and 
Counterfeiters of Foreign Coin passing Current and the 
Counterfeiters of Bills 'of Credit of this Province & was 
Read a Second time and Committed to the Gentlemen of the 
Council or any three of them. 

The House continued 'till Tuesday January 5 th 1747. 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 571 



Present. 

The Hon James Alexander James Hude 

John Rodman John Coxe 

Richard Smith Andrew Johnson & 

Robert Hunter Morris Peter Kemble J 



! ,-, 



M r Coxe laid before the House the request of divers Inhab- 
itants of the County of Salem praying an Alteration in the 
Line to be the Division Line between the Counties of Salem 
and Cumberland. Ordered that the Matter pray'd for in the 
said Representation be referred to the Consideration of the 
Committee to which the said Bill is Referred. 

A Petition of Peter Louderbouch of the County of Salem 
in the Province of New Jersey was read Setting forth That 
he was Born under the Allegiance of the Emperor of Germany 
a Power in Amity with His Majesty of Great Britain and 
Hath lately removed with His Effects into this Province 
where he hath made a Purchase of Lands which he believes 
he cannot Enjoy without the Aid of the Legislature; That 
he was Educated in and professes the Protestant Religion and 
hath taken'the usual Oaths to the Government and made and 
Subscribed the Declaration prescribed by the Act of Assembly 
of this Province And therefore Prayed this House would be 
Pleased to Pass an Act to Enable him to hold and Enjoy 
Lands in like manner with His Majestys Natural born 
Subjects & 

M r Coxe moved for Leave to bring in a Bill for that 
Purpose. 

Ordered that leave be Given to bring in the said Bill 
accordingly. 

The House continued 'till Wednesday January 6 th 1747. 

Present 
The Hon James Alexander James Hude ^| 

John Rodman John Coxe _., 

Richard Smith Andrew Johnson & j 

Robert Hunter Morris Peter Kemble J 



572 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

M r Fisher and M r Hancock from the House of Assembly 
brought to this House for their Concurrence a Bill Entituled 
An Act the better to prevent the Concealing of Stray Cattle 
Horses and Sheep which Bill was Read the first Time and 
Ordered a Second Reading. 

A Message from the House of Assembly by M r Fisher and 
M r Hancock. 

Jan ry 6 th 1747. Ordered that M r Fisher and M r Hancock 
do Acquaint the Council that this House have Directed their 
Committee appointed to Conferr with the Committee of the 
Council on Ways and Means for Suppressing the Riots and 
present Disorders in this Colony to Meet them for that Pur- 
pose at such time and place as the Council shall appoint. 

THO" BAKTOW C k 

M r Johnson from the Committee to whom the Bill Enti- 
tuled an Act to continue an Act for better Setling and 
Regulating the Militia of this Colony of New Jersey for the 
repelling Invasions and Suppressing Insurrections and Rebel- 
lions was Commixed reported the same without Amendment 
to which the House agreed. 

And the Question put Whether that Bill shall pass or not ? 

It passed in the Affirmative. 

Resolved that the same do pass. 

Ordered that the Speaker do Sign the Same. 

Ordered that M r Johnson do Acquaint the House of Assem- 
bly that the Bill Entituled an Act to continue an Act Enti- 
tuled an Act for better setling and Regulating the Militia of 
ihis Colony & passed this House this Day. 

M r Coxe from the Committee to whom the Bill Entituled 
an Act for Punishing the Coiners and counterfeiters of For- 
eign Coin passing Current and Counterfeiters of Bills of 
Credit of this Province and for the better Discovering the 
Offenders reported the same without Amendment which was 
Read in its place and Ordered a second Reading. 

M r Coxe also Reported, That as the Committee Apprehends 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 573 

the last Paragraph may be supposed to Interfere with His 
Majesty's Prerogative they Report it as their Opinion that a 
Message should be sent to His Excellency requesting his 
Liberty to Incert the said Paragraph in the said Bill. 

Ordered that M r Morris and M r Coxe do wait on His Ex- 
cellency with the said request and the said last Paragraph to 
the Bill. 

M r Coxe according to leave brought in a Bill Entituled an 
Act for Naturalizing Peter Louderbouch, Catherine, Eliza- 
beth and Barbara his three Daughters which Bill was read 
the first time and Ordered a Second Reading. 

The House continued 'till 3 o'Clock P. M. 

Present 
The Hon ble James Alexander John Coxe ^ 

Richard Smith Andrew Johnson 

i Eso ri 
Robert Hunter Morris and 

James Hude Peter Kemble J 

M r Smith from the Committee to whom the Bill Entituled 
a Act to Impower sundry Inhabitants of the Counties of 
Burlington and Gloucester to build a Draw or Swinging 
Bridge over Coopers Creek in the County of Gloucester and 
for Appointing Commissioners to lay out a more direct Road 
from Burlington & Reported the same without Amendment 
to which the House Agreed. 

Ordered that the said Bill be read a third time which was 
done accordingly. 

And the Question put Whether that Bill pass or not ? 

It passed in the Affirmative. 

Resolved that the said Bill do pass. 

Ordered that the Speaker do Sign the Same. 

Ordered that M r Smith do Acquaint the House of Assem- 
bly that the aforesaid Bill passed this House this day. 

M r Johnson Reported that he had Obeyed the Order of this 
House of this Morning. 

The House continued 'till Thursday January 7 th 1747. 



574 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

Present. 

The Hon ble James Alexander James Hude ^ 

John Rodman John Coxe 

Richard Smith Andrew Johnson & [ Es( l" 

Robert Hunter Morris Peter Kemble J 

His Excellency came into the House, and by the Secretary 
acquainted the House of Assembly that He was ready to 
receive the Address of that House. 

The Speaker with the House attended and delivered their 
Address to His Excellency in the following Words. 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and Over His Majesty's Province 
of New Jersey and the Territories thereon Depending in 
America, Chancellor and Vice Admiral in the Same. 



May it Please your Excellency. 

We His Majesty's Dutiful and Loyal Subjects, the Repre- 
sentatives of the Colony of New Jersey, in General Assembly 
convened, beg your Excellency will in the first Place, be 
pleased to excuse our not Addressing You sooner, to return 
the Thanks that are due to Your Excellency for the kind and 
favourable Speech You was pleased to make on the 19 th day 
of November, to His Majesty's Council and to this House 
This delay was chiefly occasioned from an Expectation the 
House had, of seeing the Papers your Excellency ordered the 
Secretary to lay before the Council and this House, previous 
to their entring upon this Address, and they being under the 
Consideration of the Council, the House proceeded to other 
Business, and in the mean time, went through the Bill for 
the Support of the Government, & c By which, according to 
Your Excellency's recommendation, we have made provision 
for the payment of the Publick Debts, and for the Support 
of the Governments. 

And as your Excellency was so kind at our last Meeting, 
to indulge us with the Recess we desired, You had the more 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 575 

Reason to expect we should early and in earnest set our selves 
about it ; And as we conceived nothing in our Power would 
more fully demonstrate our good Inclinations of restoring 
again that happy Harmony, and Honourable Confidence, 
which once Subsisted in this Colony, and which will be con- 
fessed by all, ought always to Subsist between the several 
Branches of the Legislature, than the ready Dispatch we 
have given to this Bill, and considering that like the Circu- 
lation of the Blood in the Natural Body, so the free Circula- 
tion of Business through the several Branches of the Legis- 
lature, is the most likely way to create a State of Health in 
the Body Politick, We have therefor sent it to the Council 
to be passed by them, and presented for Your Concurrence, 
that by Your assistance we may be able to do what we have 
before attempted in vain, that is, to pay the Officers of the 
Government and all others their just Dues, with as little 
Delay as possible, to prevent the Cry of Oppression. 

This we have now done in such a Manner as We hope will 
be agreeable to all concerned, and shew our Intention to pro- 
mote such a Unanimity amongst the several Branches of the 
Legislature, and the Officers of the Government, as may very 
much contribute to its Strength. 

We have also passed several other Bills, some of them near 
in the same form as they have passed the Council and this 
House heretofore, but were then rejected by the late 
Governor, to our discouragement and our Countrys great 
Cost and Disappointment. Your happy Arrival amongst us, 
and the kind assurances You have given us, revive our hopes, 
and We have placed our Confidence in You. Your known 
Abilities, Compassion and Goodness, as a Tender Father, we 
trust, will be kindly employed in assisting us, that We may 
be able to get these, and such other Bills, as are really neces- 
sary for the good of the People of New Jersey, and not in- 
consistent with His Majesty's Commands to You, passed into 
Laws, for the help and relief of the Neefly and Oppressed 

By Your Excellency's Speech We find, that the Expedition 
against Canada is laid aside for'the present ; and by the Ex- 



576 NEW JERSEY COLONIAL, DOCUMENTS. [1747-8 

tract of the Duke of New-Castles Letter to Governor Shirley 
and Governor Knowles, that tbey are to procure an Account 
of the Expense incurred on Account of the American Troops, 
that it may be transmitted to the Duke of New Castle, to be 
laid before the Parliament for repayment, and in the mean- 
time to recommend it to the several Governors, where these 
Forces were raised, to procure Credit from their respective 
Assemblies to prevent any Complaint that might arise amongst 
the Men for want of immediate Pay. Altho' We are heartily 
desireous of recommending our selves to His Majesty's Grace 
and Favour, We cannot conceive, We are in any Condition to 
do what our Inclinations leads Us to, on this occasion, because 
We have no Money in our Treasury but what is already Dis- 
posed of. We are in Debt on Account of this Expedition, 
for Bounty Money paid to encourage the Inlisting the Men, 
for subsisting them before their Embarkation for Albany, 
and for Victualing them for the time they were there until 
the time of their Discharge and other Expences thereon 
accruing, upwards of Nine thousand pounds, besides the Ten 
thousand Pounds lent the Crown which We stand engaged 
for till it be Provided for by Parliament, And as We are 
informed that by Your Excellency's Instructions You are 
forbid to pass any Law for Emitting of Bills of Credit, with- 
out a Clause in the said Bill suspending the Effect thereof, 
until His Majestys Pleasure shall be known concerning it, 
any attempt of Ours to do it in that Manner would not 
Answer the present Emergency. We have therefore no way 
left to raise Money to pay those Troops sooner than it may be 
obtained from Parliament, and Considering the large Pay- 
ments made the Men by Collonel Peter Schuyler (the worthy 
Gentleman that Commanded them, and who approved himself 
a good Friend to the Expedition, by advancing, as we are 
informed, some Thousands of Pounds out of his own Estate 
to keep the Men together, and prevent their Mutinying for 
want of Pay) and Aat Many of them are since that Deserted, 
and others after their Dismission inlisted in the New York 
Companies, and as they have by the Duke of New Castles 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 577 

letter, the Promise of His Majestys pay, and as that was the 
Condition on which they Inlisted themselves, We hope under 
these Considerations there will not be much uneasiness amongst 
them for want of the remaining part of their Pay, until it 
can be provided by Parliament. 

Your Excellency's early Care in directing the Commis- 
sioners employed in arming and cloathing the Forces raised 
in this Colony, to wait on you and Adjust that Account, and 
forwarding it to Governor Shirley and Governor Knowles, 
to be by them Transmitted to the Duke of New Castle, to be 
laid before the Parliament for re-imbursement, claims our 
grateful Acknowledgement and Thanks, and as we conceive 
your Excellency will not hear of any of his Majesty's Colonies 
that more readily Exerted themselves on this Occasion, for 
His Majesty's Service, than we, according to our Abilities, 
have done, so we think, You will not hear of any, that have 
advanced Money, on the Credit of the Crown, for cloathing 
and arming their Forces, as hath been done by this Colony. 
This our Loyal Conduct, to the best of Kings, emboldens 
Us to desire Your Excellency will continue Your Care in 
assisting us in getting the Money, lent the Crown repaid, 
that it may be sunk with Reputation to the Colony, accord- 
ing to the Law that gave it Birth. 

We have now read the papers that the Secretary, by Your 
Excellency's Order, laid before Us, many of them we find to 
contain disputes and complaints about Matter of Property, a 
Thing We conceive not in Our power to decide, Notwith- 
standing, as we perceive it is from thence that those Riots 
and Disorders which have been so audaciously committed in 
this Colony, have taken their Rise, We have, according to 
the Advice of Your Excellency, reconsidered our Committee 
appointed to Conferr with a Committee of the Council on 
that Affair, and as We had a special regard at the time of 
Our appointing them, that no person concerned in the prop- 
erty in Dispute, should be on that Committee, so we cannot 
find, on re-considering that matter, that any of them are 

Interested] therein. 

37 



578 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

On reading the Papers from the Honourable M r Palmer, 
President of the Province of pensilvania, referring to Pilots 
in Delaware River, We have ordered a Bill to be brought into 
the House for regulating such of them as belong to this Colony. 

On reading those concerning the Discoveries made of the 
Counterfeiting our Jersey Bills of Credit, and Spanish Pieces 
of Eight, the* House are humbly of Opinion, the best expe- 
dient they can fall upon at present, is to desire that Your 
Excellency will be pleased, immediately to direct the Attorney 
General, and all other Officers of this Colony to be vigilant 
in apprehending persons suspected of Counterfeiting the Bills 
of Credit, or any Gold or Silver Coin passing therein, and to 
put the Laws strictly and vigourously in Execution against 
those that shall be found Guilty. And the House will fur- 
ther consider, whether it may not be proper for them to do 
something, more effectually to prevent the Counterfeiting of 
Foreign Coins. 

The Method your Excellency hath taken in laying these 
Papers before His Majesty's Council and this House, shews 
the Regard You have, that Justice should be Administered 
impartially, and When any thing further shall occur to You 
for the publick Good, We shall gladly receive it. And We 
thank your Excellency for the kind Assurances You have 
given Us, of accepting from Us such Things as we shall j udge 
may contribute to the same good Ends. 

Your Excellency's very kind Assurances, that You will 
make it Your great Care and Study, to bring this Colony into 
a more Flourishing State, will be welcome Tydings to the 
People We represent : and we shall always with great Chear- 
fulness do Our utmost to strengthen Your Heart and Hands 
in so good a Purpose, And thereby render Your Administra- 
tion easy and pleasant to yourself, and happy to the Colony. 



Divers Members of this 
House being of the People 
called Quakers agree to the 
Matter and Substance of this f 
Address, with their usual ex- | 
ception to the Stile. 



By order of the House 
ROBERT LAWRENCE Speaker. 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 579 

To which His Excellency was pleased to make the follow- 
ing Answer. 

Gentlemen 

I Thank you for this kind Answer to what I laid before 
you in November last, and for the Dispatch You have given 
to many of the Publick Affairs, I then recommended to you, 
And as the best return I can make you, for the Confidence 
You are pleased to repose in Me, I will endeavour, in 
the Course of My Administration, to give you reason to 
increase it. 

J. BELCHER. 

M r Smith Reported that he had Obeyed the Order of 
Yesterday. 

The House continued 'till 3 o'Clock P. M. 

Present. 

The Hon James Alexander James Hude ") 

John Hodman John Coxe ! 

Richard Smith Andrew Johnson & ( ^ 

i 

Robert Hunter Morris Peter Kemble 

Ordered that M r Smith do Acquaint the House of Assembly 
that this House have directed the Committee of this House 
appointed to Conferr with the Committee of the House of 
Assembly on Ways and Means for suppressing the Riots and 
present Disorders in this Colony to meet the Committee of 
the House of Assembly for that Purpose at the House of M" 
Hunloke in this City at five o'Clock in the Afternoon on 
Tuesday next. 

M r Coxe acquainted the House that M r Cooper and M r 
Hopkins from the House of Assembly had delivered to him 
a Message from the House of Assembly to this House which 
he had received from him this House not sitting at the Time 
and he delivered the same in at the Table and it is as follows. 

Jan 17 6 th 1747. Ordered that M r Cooper and M r Hopkins 
do wait on the Council and acquaint them that this House 



580 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

have Committed a Bill Entituled an Act for the better En- 
abling the Judges and Justices of this Colony to Ascertain 
and Tax Bills of Cost, for making Provision by Law for the 
Payment of the Services of the several Officers thereof and 
for Preventing the said Officers from taking Exhorbitant 
Fees, To M r Richard Smith, M r Nevill and M r Cook and 
have Desired M r Speaker to Assist therein And that the 
House desire the Council to appoint a Committee to join the 
said Committee of this House to Consider of the said Bill and 
Agree upon such Alterations and Amendments as they shall 
think Necessary and make Report thereof To meet at such 
Time and Place as the Council shall Appoint. 

THO" BARTOW C k 



Which Messuage being read and a Debate arising the 
Question was put Whether a Committee should be Appointed 
agreeable to the request of the House of Assembly. 

It was Carried in the Affirmative. 

Whereupon M r Morris protested in the following Words. 

I Protest agaijist Appointing a Committee of this House 
to join a Committee of the House of Assembly upon the Bill 
for Regulating Fees & which was brought into that House 
and stands Committed by them to a Select Committee 

For the following Reasons Viz* 

1" Because the Appointing a Committee of one House to 
Assist a Committee of the other upon a Bill referred to them 
(as in the present Case) is not warranted by any practice of 
Parliament or any president in this Province and is therefore 
unparliamentary Irregular and of dangerous Example. 

2 dly Because the Committee of the Assembly to whom that 
Bill stands referred, have the sole and only right of making 
amendments thereto and the Committee to be appointed by 
this House Can act no part but that of Advisers to the Com- 
mittee of the Assembly who may or may not take their 
Advice as they shall think fit. 

3 dly For that should the Committee of this House have a 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 581 

right to Amend the said Bill (as has been urged) they must 
Derive and hold such right under the House of Assembly and 
not under this House, Because this House cannot Delegate a 
power to their Committee which they themselves have not ; 
and it is most undeniably Certain that this House have no 
right or power to Amend any Bill while it is under the Con- 
sideration of the Assembly or their Committees. 

4 thly Fon as much as the Committee of this House receive 
their power from the House of Assembly they must of Con- 
sequence be Accountable to them for the use of the power so 
given and not to this House and whatever the Committee of 
the Council shall Do in this Affair must be reported to the 
Assembly, and the Doings of a Committee of the Council by 
that Means subjected to the Inspection Judgment and Cor- 
rection of the House of Assembly, Whereas every Committee 
appointed by either House, ought to receive their Power from 
the House of which they are Members, and Cannot properly 
receive it from any other source, nor can they or ought they 
to make report or be accountable to any other Authority. 

5 thly For that the Appointment of a Committee of this 
House to be Assisters or rather Humble Advisers to a Com- 
mittee of the Assembly upon a Matter properly and solely 
belonging to them, and thereby making them (for a Time) 
inferior to the Assemblys Committee is Derogatory to the 
Honour of this House (the Highest Body in the Province) 
Is degrading the Members to be appointed, Departing from 
the rights and priviledges of our Stations, and Tending in its 
Consequence to Lessen us in the Eyes of the People of the 
Province. 

ROB* H. MORRIS 

This House having taken into Consideration the Message 
from the House of Assembly received this day by M r Cooper 
and M r Hopkins are of Opinion that the Appointing Com- 
mittees of both Houses to Meet and form a Bill to be Brought 
into either House has been Customary, but remember no Pre- 
cedent of either House to Assist on the Commitment of a Bill 



582 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

in the other tho' such things may have been and forsee no ill 
Consequence at present in so doing Wherefore it is Ordered 
that M r Smith do Acquaint the House of Assembly that this 
House has Appointed M r Coxe assisted by M r Speaker to be 
a Committee to meet the Committee of the House of Assem- 
bly on the Bill Entituled an Act for the better Enabling the 
Judges and Justices of this Colony to Ascertain and Tax 
Bills of Costs & c and that the Committees do Meet for that 
purpose at the House of the Widow Hunloke at five o'Clock 
to-Morrow Afternoon Declaring nevertheless that should 
there be no precedent of this or any future Inconvenience 
arise from the Appointing of such a Committee of this House 
that thfs shall not be Drawn into a precedent. 

The House continued 'till Friday January 8 th 1 747. 

Present. 

The Hon James Alexander James Hude ") 

John Rodman John Coxe 

Richard Smith Andrew Johnson & [ S( i 

Robert Hunter Morris Peter Kemble 

M r Smith repo'rted that he had Obeyed the Order of 
Yesterday. 

M r Hude from the Committee to whom the Bill Entituled 
an Act for Erecting the Southern parts of the County of 
Salem in New Jersey into a Separate County & was referred, 
Reported the same with one Amendment which he read in his 
place and delivered the same in at the Table. 

Ordered that the said Amendment be Read a second Time. 

The Amendment being read a Second time was Agreed to 
by the House and Ordered to be Engrossed. 

The Bill with the Engrossed Amendment being Read a 
third Time and the Question put? 

Resolved that the said Bill as Amended Do pass. 

Ordered that the Speaker do Sign the Same 

Ordered that M r Hude do Carry the said Bill with the 
Amendment to the House of Assembly and Desire their Con- 
currence to the said Amendment. 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 583 

The House continued 'till 3 o'clock P, M. 

Present 

The Hon James Alexander James Hude ^1 

John Rodman John Coxe 

Richard Smith Andrew Johnson & f ^ S( f 

Robert Hunter Morris Peter Kemble 

The Bill Entituled an Act the Better to Prevent the Con- 
cealing of Stray Cattle Horses and Sheep was read a Second 
Time and Committed to the Gentlemen of the Council or any 
three of them. 

M r Low and M r Fisher from the House of Assembly 
brought the Bill Entituled an Act to repeal an Act Entituled 
an Act to Encourage the direct Importation of Rum from the 
British Plantation in the West Indies and of such Wines as 
may lawfully be imported from the Places of their Growth, 
Product and Manufacture into the Eastern Division of New 
Jersey. And also The Bill Entituled an Act to repeal part 
of an Act Entituled an Act for preserving of Timber in the 
Eastern Division of the Colony of New Jersey and all sorts 
of trees in the Bounds of the Patent or Charter of the Town- 
ship of Bergen. 

The House continued 'till Saturday January the 9 th 1747. 

Present. 

The Hon James Alexander James Hude "^ 

John Rodman John Coxe 

Richard Smith Andrew Johnson & | ^ 

Robert Hunter Morris Peter Kemble J 

M r Hude Reported that He had delivered the Bill and 
Messuage wherewith he was Charged Yesterday to the 
Speaker the House not Sitting. 

The Bill Entituled an Act to repeal an Act Entituled an 
Act to Encourage the Direct Importation of Rum & c from 
the Places of their Growth Product and Manufacture into the 
Eastern Division of New Jersey, And also The Bill Entituled 



584 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

an Act to repeal part of an Act Entituled an Act for Preserv- 
ing of Timber in the Eastern Division of the Colony of New 
Jersey & c were Read the first Time and Ordered a Second 
Reading. 

Chief Justice Morris from the committee appointed on the 
fourth of December last to consider of Ways and Means for 
Suppressing the Riots and present Disturbances Reported 
that they had from the Minutes of Council and Assembly 
and Papers referred to them prepared a brief State of Facts 
concerning the Riots and Insurrections in New Jersey and 
the remedies attempted by the Goverment and the several 
Branches of the Legislature to put an End to them and to 
restore the Peace of the Province which with the Vouchers 
therein referred to He laid before this House ; And the Same 
having been Read Paragraph by Paragraph with the several 
Vouchers to each Paragraph and sundry Amendments made 
to the said State it was approved of as Amended. 

Ordered that it be fair Coppied. 

The House continued 'till Monday January 11 th 1747. 

Present. 

The Honourable James Alexander James Hude ^ 

John Rodman and > Esq" 

Richard Smith Peter KernbleJ 

The Bill Entituled an Act to repeal an Act Entituled an 
Act to Encourage the Direct Importation of Rum & c Also 
The Bill Entituled an Act for Preserving of Timber in the 
Eastern Division of the Colony of New Jersey were read a 
Second time and Committed to the Gentlemen of the Council 
or any three of them. 

The Bill Entituled an Act for Naturalizing Peter Londer- 
bouch, Catharine [Elizabeth] and Barbara his three Daughters 
was read a Second Time and Committed as above. 

The House having Considered the State of Facts agreed to 
on Saturday last have formed a Set of Instructions to the 
Committee of this House who are to Meet a Committee of 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 585 

the House of Assembly concerning the Riots, which Instruc- 
tions are now agreed to by this House. 

Ordered that the said State of Facts and Instructions be 
Entered in the Minutes of this House and they are in the 
following Words. 

A Brief State of Facts 1 Con- 

Explanation of the References in the . ., ^. . , T 

Margin as Vouchers for whats stated, cemmg the Riots and Insurrec- 
M. c. Minutes of Council tions in New Jersey and the 

M. A. Minutes of Assembly. 

c. NO. Are Papers Numbered by the Remedies attempted by the Gtov- 
councii in that manner and Lists ernment a nd the several Branches 

Entered in their Minutes. 

A. No. Are Papers Numbered by the of the Legislature, to put an End 

Assembly and Coppy of the List t f i j R PS f orp ffop PPSPP 

Entered in the Minutes of Council. l m ' aD 

of the Province. 

M. C. In the years 1744 and 1745 a Difference unhappily 
M. A. Subsisted between the Branches of the Legislature 
of this Province: it No way concerns this Matter 
who was Right, or who Wrong in the Points in Difference, 
but the Consequence thereof in Fact was, that the Govern- 
ment remained Unsupported and Divided, and thereby was 
much weak'ned. 

In the Year 1745 a most wicked and Unnatural Rebellion 
broke out in Great Britain by the Adherents of a popish pre- 
tender to his Majestys Crown while the Nation was at the 
same Time Engaged in War with two potent Nations (France 
and Spain) Which rendered it Improbable that any Force 
could be spared from Great Britain to Quell any Rebellion 
in America. 

By the Affidavits and Papers herein referred to, it will 
appear that a Number of Evil minded Men (Taking advan- 

'This Brief State of Facts is printed (without the marginal references, however,) 
in the N. J. Archives, VII., 207-226, with the following note appended: "The 
within State of Facts is not drawn up now for any particular purpose, but was 
drawn up, & afterwards approved, by his Majtys Council, in New Jersey (the former 
part of it in Janry 1747, & the latter part of it in Deer 1748) from Original Papers 
w'ch had been layed before the Council & Assembly there, And Comtees of Council 
were appointed, and the within State of Facts was ordered to be layed, by such 
Comtees of Council, before the Assembly, at free Conferences, w'ch were demanded, 
in order to have induced the Assembly to come into measures to strengthen the 
hands of the Government of New Jersey. Reced from Mr. Paris." 



586 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

tage of that Divided and Weak State of the Government of 
this province and of that Time of warr and Rebellion in Great 
Britain) Entered into a Combination and Agreement to 
Obstruct the Course of Legal proceedings, And to protect 
themselves from His Majesty's known Officers, and from the 
Process of the Law in Every Case, (Let their Crimes be ever 
so high) And in Execution of this Scheme it disappears, 1 

That on the Nineteenth of September 1 745 One 
C. N 50 hundred and Fifty Men (Armed with Clubs, Axes, 

and Crow barrs) Came in a Riotous and Tumul- 
N 2 A tuous Manner to the Goal of the County of Essex, 

and having broke it open, took from thence one 
Samuel Baldwin Committed on an Action of Trespass, wherein 
he had refused to give Bail, or Enter an Appearance. 

That these Riotous People then Boasted of the great 
Numbers they could Bring together on any Occasion ; and 

gave out many threatening Expressions against the 
N. 2 A. B Persons that should Endeavour to punish them 

for this their Crime ; Saying, if any of them were 
taken, they would come to his Relief with twice the Number 
they then had, and bring with them an hundred Indians. 

Two Justices of Essex with the Under Sherriff (according 

to their Duty) made a Record on their View against twenty 

Seven of the Rioters known to them, (and many other 

B. Evil doers and Disturbers of the Kings Peace to them 

unknown) which was Returned into the Supream Court, 

and process Issued from thence against the Delinquents. 

This Matter being laid before the late Governor, he was so 
justly Apprehensive of the Dangerous Consequences of so 
open and Notorious a Contempt of His Majesty's Authority 
and the Laws of the Land, that he thought the Aid of the 
Legislature Necessary to prevent them, and therefore Recom- 
mended in the Strongest Terms to the then Assembly, the 
Granting such Aid, by his Speech to them on the twenty 
eighth of September 1745, But so it hap'ned that the then 
Governor and Assembly differed in Opinion as to that Matter, 
as by the said Speech ; the Assembly's Answer to it on the 

'Appears. 2 M 



1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 587 

the third of October, and the Governor's Reply on the Eigh- 
teenth Appears. 

And the Late Governor was also Pleased on the Eighteenth 
of October 1745, by the advice of His Majesty's Council, to 
Issue his Orders to His Majesty's Attorney General to pro- 
ceed with all Convenient Speed to Prosecute by Information 
or other Lawful Methods the Persons concerned in the said 
Riot And the Governor at the Same time by the Advice of 
his Majesty's Council Issued his Warrant Directed to the 
Sherriff of the County of Essex, Commanding him to make 
Diligent Search for and to Apprehend the said Rioters And 
thereby further Commanding all Officers and other His 
Majesty's Liege Subjects to be aiding and assisting to the 
said Sherriif in the Execution of the said Warrant. 

2. On the 15 th of January 1745, the Sherriff of Essex by 
vertue of the Governors said Warrant, and in Obedience to the 
process of the Supream Court, Issued upon the said Record, 
Arrested and took Robert Young, Thomas Serjeant, and 
Nehemiah Baldwin, three of the persons that stood convicted 
by the Record of View before mentioned. On the 
D & E Sixteenth of January as he was Carrying the said 
Baldwin before one of the Justices of the Supreme 
Court agreeable to the Commands of the Governor's Warrant, 
he, and the people whom he had called to his Assistance were 
assaulted by a great Number of Men Armed with Clubs and 
other Weapons, who in a Most Violent