ARCHIVES
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. 1738—1748.
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 26th of October last and
being Adjourned to this day.
November 13th 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 Esqr 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 14th
Present
John Hamilton ^
John Rodman
Richard Smith j> Esqrs
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 15th
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 Esqr 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.
Mr 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-
tive 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 Willxadmit 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
ye 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 16th 1738 A. M.
Present
John Hamilton Pr ^ Richard Smith ^|
John Reading ! rs R. Lettice Hooper '
Corn8 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 17th
Present
John Hamilton Pr>| John Rodman ^
John Reading > Esqrs 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 Mr
Rodman Mr Hooper and Mr 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 viz1 James Alexander, William Provost, and
Jno Schuyler Esqr Mr 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 Mr Morris have Leave to bring a bill Ac-
cordingly— Ordered that Mr Reading & Mr Vanhorn have
Leave in persuance of their request to be absent till Tuesday
next.
Then the House Adjourned to
Saturday November 18th
Present
John Hamilton Pr ")
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 Mr 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 20th
Present
John Hamilton Pr ^|
John Rodman
Richard Smith j> Esqrs
R. Hunter Morris j
Fenwick Lyell J
Robert Hunter Morris Esqr 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 Esqr
Then the House adjourned to
Tuesday November 21st
Present
John Hamilton Pr^ Richard Smith ^
John Schuyler > Esq™ R. Hunter Morris V Esqri
John Rodman J Fenwick Lyell J
Mr Cook and Mr 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 sd Address, and Ordered That this House
should be applyed to Joyn therein.
Ordered that Mr Smith Mr Morris and Mr Lyell be a
Committee to Join a Committee of the House of Assembly
for the purpose above mentioned, and Mr 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 22d
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 23d 1738
Present
John Hamilton Pr ^ Richard Smith ^
John Schuyler > Esqrs R. Hunter Morris > Esqra
John Rodman J Fenwick Lyell J
Mr Hamilton prayed Leave to be absent till Tuesday next
which was Granted.
Then the House Adjourned to
Friday November 24th
Adjourned to
Munday November 27th
Adjourned to Tuesday November 28th
Present
John Rodman Pr ^
Richard Smith
R. Lettice Hooper f Es(T
Fenwick Lyell J
Message from the House of Assembly by Mr Vanbuskirk
and Mr 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 Mr Reading, Mr Rodman, and Mr Morris be
a Committee accordingly, and that Mr Lyell do acquaint the
House of Assembly therewith
Then the House adjourned to
Wednesday November 29th
Present
John Reading ^ Richard Smith
William Provoost > Esqrs R : Lettice Hooper
John Rodman ) R : Hunter Morris
Fenwick Lyell
Mr 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 30th
Adjourned to
Friday December 1st
Adjourned to
Saterday December 2d
Adjourned to
Munday December 4th
Adjourned to
Tuesday December 5th
Present
William Provoost Pr "^
John Rodman
Richard Smith \ Esqrs
R : Lettice Hooper
Fenwick Lyell J
14 NEW JERSEY 'COLONIAL DOCUMENTS. [1738
Mr Lyell moved for leave to bring in a Bill for the Reduc-
tion of Intrest.
Ordered that Mr Lyell have leave to bring in a Bill
accordingly.
Then the House adjourned to
Wednesday December 6th
Present
William Provoost P •) R : Lettice Hooper ^
John Rodman > Esqrs R : Hunter Morris > Esq™
Richard Smith J Fen wick Lyell
Mr 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 sever1 of their Members.
Ordered That Mr Morris and Mr 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 7th
Present
William Provoost Pr ^
John Rodman
Richd Smith j> Esq™
Ro : Lettice Hooper
Fenwick Lyell
Mr Lyell reported That in obedience to the order of yes-
terday Mr 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 8th
Present
William Provoost Pr ^
John Rodman
Richard Smith j> Esqrs
Ro : Hunter Morris
Fenwick Lyell J
Mr Morris prayed leave of the House to be absent till
Tuesday next which was granted
Then the House adjourned to
Saterday December 9th
Adjourned to
Munday December 11th
Adjourned to
Tuesday December 12th
Adjourned to
Wednesday December 13th
Adjourned to
Thursday December 14th
Mr Provoost prayed leave of the House to be absent for a
week which was granted.
Then the House Adjourned to
Friday December 15th
Present
John Hamilton ^ John Rodman ^ ,
John Reading VEsqrs Richd Smith iEsqrs
Corn8 Vanhorne J R : Lettice Hooper J
16 NEW JERSEY COLONIAL DOCUMENTS. [1738
Resolved That Mr Vanhorne be added to the Committee
appoint*1 to examine the Treasures accompts
Mr Deruont and Mr 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 16th
Present
John Hamilton Pr ~\ John Rodman
John Reading I Esq™ Richd 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 Mr Vanhorne Mr Rodman and Mr Hooper.
Mr Ogden and Mr 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 18th
Present
John Hamilton Pr "| Richard Smith ^
John Reading > EsqTS R : Hunter Morris > Esq
John Rodman Fenwick Lyell
1738] JOURNAL OF THE PROVINCIAL COUNCIL. 17
Mr 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 Mr 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 19th Present
John Hamilton ^ Richard Smith ^
John Reading I Esqrs R : Hunter Morris V Esq™
John Rodman ) Fenwick Lyell J
Mr 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 20th
Present
John Hamilton Pr ^ John Rodman ^j
John Reading > Esq" Richard Smith
Corn8 Vanhorne J R : Hunter Morris j Esclrs
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 Esqr
Ordered That Mr Morris and Mr Lyell do waite on His
Excelly 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.
Mr 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 Esqr Captain General,
and Govern1 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 <fcca
The Humble address of His Majesty's Council of the
Province aforesd
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 gen1 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, Spr
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
JThe 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 Pr"| John Rodman ^
John Reading V Esq™ Richd Smith V Esq"
Corn8 Vanhorne J Fenwick Lyell J
Mr Lyell moved the House for leave to bring in a Bill for
selling the Militia of this Province
Ordered That Mr Lyell have leave to bring in a Bill
accordingly
Mr 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 Mr Lyell have leave to bring in a Bill
accordingly
Then The House adjourned to
Friday December 22d
Present
John Reading Pr ) John Rodman ^
/ fi Gn^
Corn1 Vanhorne J Richard Smith V
Fenwick Lyell J
Ordered That John Peter Zinger1 do print the Address of
this house to His Excellency.
Mr Rodman and Mr 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 23d
Present
John Hamilton Pr ^|
John Reading
Corn Yanhorne [ Es^3
Fenwick Lyell J
A Message from His Excellency by Mr Smyth, desiring
that this House would adjourn itself to the 8th day of Janu-
ary next
Munday January 8th 173f
Adjourned to
Tuesday January 9th
Adjourned to
Wednesday January 10th
Present
John Hamilton Pr ~j
E. Hunter Morris >Esqrs
Fenwick Lyell J
Mr 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 summond
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 Rule1
Then the House adjourned to
Thursday January 11th
Present
John Hamilton Pr ^
John Reading
R: Hunter Morris I Es(T
i
Fenwick Lyell J
Ordered That the Clerk do write to Mr Provoost and Mr
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 12th
Adjourned to
Saterday January 13th
Adjourned to
Munday January 15th
Adjourned to
Tuesday January 16th
Present
John Hamilton Pr ^ John Schuyler ^
John Reading V Esq™ Ro Hunter Morris I Esqre
William Provoost J Fenwick Lyell )
'See V. 3. Archives, VI., 19.
1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 27
Mr 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 17th
Present
John Hamilton Pr^ John Schuyler ^
John Reading V Esqrs Ro Hunter Morris V Esqrs
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
Mr 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 18th
Present
John Hamilton Pr "^
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.
Mr Reading prayed leave of the House to be absent till
Munday next, which was granted.
Then The House adjourned to
Friday January 19th
Adjourned to
Saterday January 20th
Adjourned to
Munday January 22d
Present
John Hamilton Pr ~)
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 Mr Morris do carry the above two Bills to
the house of Assembly for their Concurrence.
Mr Lyell prayed leave of the House to be absent till Fri-
day next which was granted.
Then the House adjourned to
Tuesday January 23d
Present
John Hamilton P*\
Wm Provoost I Esqrs
Ro Hunter Morris J
A Message from the House of Assembly by Mr Cooper
and Mr Young desiring this House to appoint a Committee
to join a Committee of that House to draw up a Table of
Fees.
Mr Cook and Mr Emly1 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 Pr
John Reading
Corn" Vanhorne }> Esqre
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.
Mr 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 Mr Yanhorn do carry the said Bill and
amendments to the House of Assembly and desire their Con-
currence thereto.
Mr Ogden and Mr 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 Mr Morris do Carry the said Bill to the
House of Assembly for their Concurrence.
Then the House adjourned to
Thursday January 25th
Present
John Hamilton Pr ")
John Reading
Corn8 Vanhorne }> Esq™
William Provoost
Ro. Hunter Morris J
Mr 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
Mr 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 Mr Morris and Mr Lyell
The Bill entitled an Act for laying a Duty on Negro,
Indian and Mullato Slaves &° was read a Second time and
committed to Mr Vanhorne, Mr Reading and Mr Provoost
Ordered That Mr Reading, Mr Morris, and Mr Lyell be a
Committee to join a Committee appointed by the House of
Assembly to draw up a Table of Fees
Ordered that Mr Morris do acquaint the House of Assem-
bly therewith
Then the House adjourned to
Friday January 26th
Adjourned to
Saterday January 27th
Present
John Hamilton Pr ^ Wm Provoost ^
John Reading > Esqrs Ro Hunter Morris > Esqrs
Corn8 Vanhorne J Fenwick Lyell J
Mr Morris reported that in obedience to the order of this
House of the 25th 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 29th
Coll0 Johnston and Coll0 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 31st
Present
John Hamilton Pr ^ John Schuyler ~)
John Reading i £ John Rodman •' £
Corn Vanhorne Ro Hunter Morris j
William Provoost } Fenwick Lyell
Mr Emly and Mr 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 1st
Present
John Hamilton Pr ^ 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 Mr Lyell do acquaint the House of Assem-
bly that this House has passed the said Bill
Then the House adjourned to
Friday February 2d
Present
John Hamilton Pr ^j John Schuyler
John Reading John Rodman
Corn Vanhorne f ^^ Richd Smith j> Esq"
Wm Provoost J R. Hunter Morris j
Fenwick Lyell J
Mr 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 Mr Provoost Mr Rod-
man and Mr Smith
Mr Demont and Mr 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
Mr Lyell from the Committee to whom the Bill entitled
An Act for the frequent meeting and electing Representatives
&ca 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 Mr 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
Mr 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 Mr Smith have leave to bring in a Bill
accordingly. Mr Schuyler prayed leave to be absent for a
Week which was granted
Then The House adjourned to
Saterday February 3d
Present
John Hamilton Pr>) John Rodman ^
Corn : Vanhorne \- Esq™ Richard Smith V Esq™
William Provoost ) Fenwick Lyell J
Mr 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 Mr Lyell have leave to bring in Bills
accordingly
Then The House adjourned to
Munday February 5th
Adjourned to
Tuesday February 6th
Present
John Hamilton Pr ^ Richard Smith ^
William Provoost \- Esq™ Ro Hunter Morris \> Esq™
Jn° Rodman Fenwick Lyell J
Mr Provoost moved the House that Mr Morris and Mr
Lyell be added to the Committee to whom the Bill for regu-
lating Taverns &ca is referred.
1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 35
Ordered That Mr Morris and Mr Lyell be added to the
said Committee
Mr Lyell from the Committee to whom the bill entitled
an Act for the Tryal and Punishment of persons guilty of
Petty Larcenies &ca 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 Mr Lyell do carry the Bill with the Amendments
to the House of Assembly for their Concurrence
Ordered, That Mr 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 Pr ^ John Rodman ^
John Reading > Esqrs Richard Smith
William Provoost J Ro Hunter Morris {
Fenwick Lyell J
Mr Stacy and Mr Cooper, from the House of Assembly
brought back the Bill entitled an Act for the frequent meet-
ing and electing Representatives &ca 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 Mr Smith do acquaint the House of Assem-
bly with this Resolve
Mr Vanbuskerk and Mr 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 7th and 19th lines of the 1st
Page of the said Bill
O
Ordered That Mr Smith do acquaint the House of Assem-
bly with this Resolve
Mr Lyell reported that he had obeyed the orders of this
House of yesterday.
Then the House adjourned to
Thursday February 8th
Present
John Hamilton Pr>j John Rodman ^)
John Reading V Esqra Richd Smith
William Provoost J Ro Hunter Morris [
Fenwick Lyell
Mr Hancock and Mr 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 Mr Stacey,
Mr Ogden, Mr Eaton, Mr Hude, Mr Cooper and Mr Learning,
Mr 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 9th
Present
John Hamilton Pr ^ John Rodman ")
John Reading VEsqrs Richard Smith ! ^ rs
Wm Provoost J Ro : Hunter Morris •
Fenwick Lyell
Mr 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
Mr Learning and Mr 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
Mr 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 14th 17th 19th 26th 27th &
32d Instructions from His Majesty's to me, Given at His
Majesty's Court at Kensington the 21 day of July in the
12th year of His Reign.
Signed
LEWIS MORRIS
Then The House adjourned to
Saterday February 10th
Present
John Hamilton Pr>) John Rodman ")
John Reading V Esqre 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 Mr Provoost, Mr Rodman and Mr 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.
Mr Emly and Mr 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 12th
Present
John Hamilton Pr>) . John Rodman ")
John Reading \- Esqrs 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 Mr Morris and Mr Lyell do examine the
said Deeds and report their opinion concerning them to this
House, and that the Clerk do order Mr Isaac Sharp to attend
them.
Mr Cooper and Mr Demarie [Demarest] from the House
•of Assembly presentd 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
Mr Stacy and Mr 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 13th
Present
John Hamilton Pr -| John Rodman ^
John Reading >Esqra Richard Smith >Esq™
William Provoost ) Fenwick Lyell J
Dr Johnston and Mr 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 Mr 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 Mr 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
Coll0 Ogden and Mr Hancock from the House of Assem-
bly brought back the Bill entitled an Act for the frequent
Meeting and electing Representatives &ca 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] 14th
Present
John Hamilton Pr "|
John Reading
William Provoost }- Esq™
John Rodman
Richard Smith }
Mr 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 Mr Smith do acquaint the House of Assem-
bly therewith
Then the House Adjourned to
Thursday February 15th
Present
John Hamilton PT\ Richard Smith ^
John Reading VEsq™ John Rodman VEsqrs
William Provoost ) Ro : Hunter Morris J
Mr 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
Mr 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.
Coll0 Ogden, Coll0 Johnston, Mr Hude, Mr Richard Smith,
Mr Pearson, and Dr 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 23d day of Septem-
ber 1738 and to end the 23d day of September 1741 which
was read the first time, and ordered a Second Reading
Then the House Adjourned to
Friday February 16th
Present
John Hamilton Pr>) 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.
Mr 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
Mr Lyell reported that He had obeyed the order of this
House of the 13th
Ordered, That the Clerk do write to Mr Alexander, Mr
Vanhorne and Mr 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
Esqr and the non Attendance of John Wills Esqr occasioned
by his great Age and Infirmity.
Then the House adjourned to
1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 45
Saterday February 17th
Present
John Hamilton Pr ^
William Provoost
i
John Rodman }> Esqrs
Richard Smith
Ro : Hunter Morris J
A Message from the House of Assembly by Mr Stacy
and Mr 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 &ca
Ordered That Mr Morris and Mr 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 Mr Cooper
and Mr 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 &ca 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 &ca
to give Security &ca was read a Second time and committed
to Mr Rodman, Mr Morris, and Mr 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 &ca was read a Second time
Ordered That the Bill [be] engrossed
Then the House Adjourned to
Munday February 19th
Present
John Hamilton Pr ^
Wm Provoost
John Rodman }> Esqre
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 &ca was read a third time and on the
Question put
Resolved that the Bill do pass
Ordered that Mr Lyell do carry the two fore mentioned
Bills to the House of Assembly for their Concurrence
Then the House adjourned to
Tuesday February 20th
Present
John Hamilton PT^\ 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 Dr Johnston
and Mr Young signifying that, that House had appointed Mr
Richard Smith, Mr Hude : Mr Stacey, and Coll0 Ogden to be
a Committee on the Conference on the Bill for the Trial and
Punishment of Persons guilty of Larceny.
Mr 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 Mr Schuyler do carry the Bill to the House
of Assembly for their Concurrence
Mr Schuyler reported that he had obeyed the above order
Then the House adjourned to
Wednesday February 21st
Present
John Hamilton Pr ") John Rodman ")
John Reading . i -p Ia Richard Smith
Corfl : Vanhorne Jn° Schuyler J> Esqre
William Provoost } Ro : Hunter Morris j
Fenwick Lyell J
Mr Mickle and Mr 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 &ca
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 read1
1This 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.
Mr Morris from the Committee appointed to conferr with
the Committee, of the House of Assembly on the Bill for
Trial and Punishm1 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 22d
Present
John Hamilton Pr ^ Jn° Schuyler ~)
John Reading . i John Rodman
Corn8 Vanhorne [Esqrs Richard Smith j>Esq"
William Proyoost J Ro : Hunter Morris j
Fen wick Lyell
Mr Cook and Mr 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
• Mr 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
Mr Richard Smith and Mr 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 23d
Present
John Hamilton Pr ~) 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 &ca was read a Second time
and committed to Mr Morris Mr Rodman and Mr Lyell
The Bill entitled an Act for the Support of His Majesty's
Province of New Jersey &ca was read a Second time and
committed to a Committee of the whole House.
Mr 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 Mr Morris and. Mr Lyell do acquaint the
House of Assembly immediately
Mr Morris reported that Mr 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 &ca do sit again on
Wednesday next
Then the House adjourned to
Saterday February 24th
Present
John Reading Pr "| John Rodman ")
Corii Vanhorne > Esqr3 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 &ea was read the third time, and on
the Question put
Resolved, That the Bill do pass.
Ordered, That Mr Morris do carry the Bill to the House of
Assembly for their Concurrence
Mr Morris reported That he had obeyed the above order
Mr 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 Mr Antill Mr
Cooper, Mr Andrew Johnston, and Mr 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
Dr Johnston and Mr 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
*Mr Antill and Mr 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 26th
Present
William Provoost Pr ^ Richard Smith ^
John Schuyler V Esqrs 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 21st
Present
William Provoost Pr \ Richard Smith ^
John Schuyler i Esqrs Ro Hunter Morris I Esqrs
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 Mr Rodman, Mr Schuy-
ler and-Mr Lyell
Mr Stacey and Mr 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 Mr 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 3d Amend-
ments be agreed to by this House ? it was carried in the
negative
Ordered That Mr Smith do carry the Bill to the House of
Assembly and acquaint them that this House disagrees to
their amendments
Mr Schuyler reported that he had obeyed the foregoing
order of this house
Mr 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 28th
Present
John Hamilton Pr ^ Richard Smith ")
William Provoost VEsqrs Ro. Hunter Morris i
John Rodman ) John Schuyler
Fenwick Lyell
The Bill entitled a Supplementary Act explaining certain
Clauses <feca was read the first time, and ordered a Second
reading ,
Mr 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 Mr Rodman do acquaint the House of As-
sembly therewith
Mr Young and Mr 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
Coll0 Ogden,1 and Mr Emly from the House of Assembly
brought back the engrossed Bill entitled an Act for the Trial
and Punishment of Persons guilty of Larceny &ca 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 1st
Present
John Hamilton Pr ^ Richard Smith ^
William Provoost > Esqrs Rob Hunter Morris > Esq™
John Rodman J Fenwick Lyell
Mr Learning and Mr 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
Mr Rodman reported that he had obeyed the order of this
House of yesterday.
Coll0 Ogden, and Mr 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
Mr Lyell from the Committee to whom the Bill entitled an
Act for regulating Taverns &ca 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 Mr 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 Mr 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 Viz1
"The Council taking into Consideration the Message of
" Saterday last from the House of Assembly by Mr Antill
" &ca 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 Mr Provoost and Mr 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 &ca 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 2d
Present
John Hamilton PT\ John Rodman ^j
Corn. Vanhorne I Esqrs Richard Smith
William Provoost ) Ro : Hunter Morris j scf*
Fenwick Lyell
The Bill entitled a Supplementary Act explaining certain
Clauses &ca 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
&ca 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
Mr Lyell reported that he had obeyed the order of this
House of yesterday
Mr Provoost reported that Mr Morris and himself had
obeyed the order of this House of yesterday
Then the House adjourned to
Saturday March 3d
Present
John Hamilton Pr\ John Rodman ^
Corn. Vanhorne VEsq™ Richard Smith VEsq"
William Provoost J Fenwick Lyell J
Mr 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
Mr Cook and Mr Benja Smith from the House of Assem-
bly, brought back the Bill entitled an Act for regulating
Taverns &ca with the Amendm18 made thereto by the House,
to all which Amendments that House agrees except the first
Then the House adjourned to
Munday March 5th
Present
John Hamilton P*\ John Schuyler "^
Wm Provoost I Esqrs 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 &ca to give Security &ca
with the Amendments proposed by the Assembly thereto, do
reject the said amendments
Ordered That Mr Rodman do acquaint the House of
Assembly therewith.
The House taking into Consideration the Bill entitled an
Act for regulating Taverns &ca together with their own
amendments thereto do recede from their first Amendment
Ordered That Mr Rodman do carry the Bill to the House
of Assembly and acquaint them that this House [h]as receded
as above
Mr 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 6th
Present
William Provoost Pr ")
John Rodman
Richard Smith }• Esqrs
Ro: Hunter Morris
Fen wick Lyell J
A Message from the House of Assembly By Mr Antill, Mr
Andrew Johnston, Mr Cooper, and Mr Pearson in the follow-
ing words Vize
" The House taking into Consideration the Message of the
" Council of the Second Instant, by Robert Morris, and Wil-
" liam Provoost Esqrs 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 23d 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 Mr Antill Mr Andrew Johnston, Mr
" Cooper, Mr Learning Mr Richard Smith, Coll0 Ogden, Mr
" Hancock, and Mr Hude, to be a Committee to Conferr with
" a Committee of that honble House, But if it be designed by
" that Honble 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 Pr ^ John Rodman "")
William Provoost >Esqrs Richard Smith
John Schuyler Ro Hunter Morris [
Fenwick Lyell
1738-9] JOURNAL OF THE PROVINCIAL COUNCIL. 59
Mr Cooper and Mr Richard Smith from the House of
Assembly brought back the engrossed Bill entitled an Act
for regulating Taverns &ca to be compared and signed, which
was done accordingly
" Coll0 Ogden and Mr Learning from the House of Assem-
" bly brought back the Bill entitled an Act to oblige the sev-
" eral Sherriffs &ca 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 Mr 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
Mr Antill &ca to Friday next
Then the House adjourned to
Thursday March 8th
Present
John Hamilton P. ^
William Provoost
John Rodman }> Esqrs
Richard Smith
Ro : Hunter Morris J
A Message from the House of Assembly by Dr Johnston,
Coll0 Ogden Mr Hancock, and Mr 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 honble 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 9th
Present
John Hamilton Pr ^
William Provoost
John Rodman }• Esqr£
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 10th
Adjourned to
Munday March 12th
Present
John Hamilton Pr ^ Richard Smith ^
William Provoost V Esq™ Ro Hunter Morris I Esqrs
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 13th
Present
John Hamilton P*^\ Richard Smith "j
William Provoost > Esq" Ro Hunter Morris V Esqrs
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 6th of this Instant from the Assembly by
Messrs 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 24th 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 &ca 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
2dly 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 desire1 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 &ca In wch 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
4thly 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 &ca 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
acsent 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 >pne ]£ncis 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
7thly The Assembly, in their Message of the 6th 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 23d of
February they would have readily agreed to it, and as by
our Message of the 2d Instant, a General Conferrence (only
seems to be Desired, they appoint persons to Conferr &ca 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 2d 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
2d 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 (Vize 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 14th
Present
John Hamilton Pr^ Richard Smith ~\
Wm Provoost V Esqrs Ro : Hunter Morris I Esq™
John Rodman* ) Fen wick Lyell
The House adjourned to
Thursday March 15 173|
John Hamilton Pr ^ Richard Smith ^
William Provoost V Esqrs 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 Mr 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 Mr Provoost and Mr Lyell do carry the said
message to the House of Assembly
Mr Morris from the Committee appointed to join a Com-
mittee of the House of Assembly to Examine the Treasures
Accots reported the State of the said Accts 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 Esqr from the said Committee do make the
following Report to the House contain'd in the follow8
account
Dr Michael Kearny late Treasurer of the Eastern Cr
Division to the Province of Ne\f Jersey
Support of Government
To the Ballance re-
maining in his
hands at last Set-
tlem1 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 Settlem4 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 receivd 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 Esqr from the said Committee do make the following
Report to the House contained in the following Account
Dr 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
receivd 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 ye Coun-
ties following
Viz1
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
ye year 1723 for that purpose
and upon Inquiry found sd
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 Esqr from the said Committee do make the following
Report to the House contained in the following Account
Dr John Allen Treasurer of the Western Division Cr
to the Province of New Jersey
Support of Government
To Sundry Arrearages
in the following Coun-
ties as ye 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 paya
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 paya
from ye Western
Counties for ye 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
forthwch 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 Qr(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
Esqr 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
Mr Smith reported that he had obeyed the order of this
House
Mr Provoost reported that Mr 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 23d
day of September 1738 and to end the 23d day of September
1741, was read a third time and the Question being put
Resolved That the said Bill do pass
Ordered That Mr Rodman do acquaint the House of
Assembly therewith as also that this House have now no
Buisness before them
Mr 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 23d day of September
1738 and to end the 23d 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 yor 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 17th day of August
1739.1
Present
His Excellency Lewis Morris Esqr 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 Honble
Penn Esqr one to the Governor of Maryland, Two to Wil-
liam Gooch Esqr Governor of Virginia, and one to Sr 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 15th 1739
Sir
As it was stipulated by the Convention concluded between
His Majesty and the King of Spain on the 14th 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 25th
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-
pose1 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 14th 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
Esqr 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 Esqr 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 14th 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 lat day of Sep-
tember 1739.
Present
His Excellency Lewis Morris Esqr 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 Junr
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
23d of March last and ending the 23d June 1739.
N°40.. His Excellency 250,,—,,—
41.. Robert Hunter Morris Esqr Chief
Justice 37 ,,10,,-
42.. Joseph Bonnel Esqr Second Judge 10,, — „ —
43.. Joseph Warrel Esqr Attorney General.. 10 „ — „ —
44.. Archibal4 Home Esqr Clerk of the
Council 7 „ 10,, —
45.. Andrew Johnston Esqr Treasurer of
the Eastern Division 10,, — „ —
46.. John Allen Esqr Treasurer of the
Western Division 10,, — „ —
47.. James Hooper Esqr 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 23d day of
November 1739
Present
His Excellency Lewis Morris Esqr Govr &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 sd 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 Mr
Cosby was during good behaviour with power to appoint a
Deputy.
Mr 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 23d day of June and
Ending the 23d day of September last Viz*
N°49. His Excellency £250,, — ,,-
50. Robert Hunter Morris Esqr Chief Jus-
tice 37 „ 10 „ —
51. Joseph Bonnel Esqr Second Judge 10 „ — „ —
52. Joseph "Warrell Esqr Attorney General 10 „ — „ —
53. Archibald Home Esqr Clerk of the
Council 7 „ 10,, —
54. Andrew Johnston Esqr Treasurer of
the Eastern Division 10,, — „ —
N° 55. John Allen Esqr Treasurer of the
Western Division £10,, — „ —
56. James Hooper Esqr Clerk of the Cir-
cuits 5 „ — „ —
57. Adminx 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 23d day of March &
Ending the 23d of September last.. . . 40 „ — „ -
59. His Excellency for a Years Rent of a
House Commencing Septr 23d 1738
and ending Sepr 23d last...., 60,, — ,, —
At a Council Held at Perth Amboy the 24th day of No-
vember 1739
Present
His Excellency Lewis Morris Esqr Governor &c.
John Hamilton "1
Robert Hunter Morris > Esqre
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 1st day of Decem-
ber 1739
Present
His Excellency Lewis Morris Esqr Govr &c.
John Hamilton ^ John Schuyler ^
John Reading ! rs John Rodman
William Provoost j ***" Robert Hunter Morris j Es(lr8
Cornelius Van Home J Fenwick Lyell J
His Excellency laid before the Board a Letter of the 5th
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 Mr Hamilton Mr Morris and Mr 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 7th Decr 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 Junr ^
William Smith Junr \ 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 Comn of the Peace John Ladd Junr
Burlington
Isaac De Cow
Jacob Heulings
Hugh Sharpe
Richard Smith Junr
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 Junr
Eliphelet Johnson Jun:
John King
Samuel Clark
Noadiah Potter
John Blanchard
John Crane
John Ludlow
Thomas Clark
George Freeland
Stephen Van Courtland Junr
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 Junr
Jacobus Bartolf
Peter Marselius
Johannes Post
John Berdan Junr
Ordered by His Excellency that the Secretary do make
out Commissions of the Peace and Pleas according to the
foregoing Lists
Mr 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 Mr 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
Esqr from this Board accordingly
The underneath is a Copy of a Letter wrote by Mr Schuy-
ler to His Excellency on the above Subject
New Barbados Neck Janry 21st 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 23d 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 Servant1
JOHN SCHUYLER
At a Council Held at Perth Amboy the 4th day of
December 1739
Present
His Excellency Lewis Morris Esqr Governor &°
John Hamilton
John Reading
William Provoost
Cornelius Van Home V Esq™
John Rodman
Robert Hunter Morris
Fenwick Lyell
John Hamilton Esqr from the Committee to whom was
referred the consideration of the Letter from the Lords of
Trade Reported (as pr 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 Mr
Hamilton Mr Morris and Mr 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 Commn> 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 Coll0
James Hinchman Ll Coll0
Charles Read Major
Middlesex
Andrew Johnston Coll0
James Hude L4 Coll0
Richard Cutter Major
Monmouth
John Throckmorton Coll0
John Reid L< Coll0
John Little Major
Essex
Josiah Ogden Coll0
Peter Bayard Ll Coll0
John Low Major
Bergen
William Provoost Coll0
Isaac Van Guise1 L' Coll0
Reyer Reyerson Major
Mr Reading and Mr 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 29th day of
December 1739
Present
His Excellency Lewis Morris Esqr Governor &c
John Hamilton ^
Robert Hunter Morris >Esqr"
Fenwick Lyell )
His Excellency Signed Warrants for a Quarters Sallary to
the following Persons commencing the 23d day of September
last and ending the 23d of December Instant
N°60. His Excellency £250,, — ,,—
61. Robert Hunter Morris Esqr Chief Jus-
tice 37,, 10,,—
62. Joseph Bonnel Esqr Second Judge 10 ,, — „ —
63. Joseph Warrell Esqr Attorney General 10 „ — „ —
64. Archibald Home Esqr Clerk of the
Council 7 „ 10 „ —
65. Andrew Johnston Esqr Treasurer of
the Eastern Division 10,, — „ —
106 NEW JERSEY COLONIAL, DOCUMENTS. [1739
66. John Allen Esqr Treasurer of the
Western Division 10 „ — ,, —
67. James Hooper Esqr 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 Esqr from the Committee to whom was
referred the subject matter of the two several Resolves of the
Honble 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 Esqr 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 Honble Board.
Dated 4th 10br 1739 By order JOHN HAMILTON Ck.
At a Council held at Perth Amboy March 26th 1740.
Present
His Excellency Lewis Morris Esqr &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.
Mr Alexander arose from his Seat at the Board, & with
Mr 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 ^
agst >
James Fenn Defendant J
Robert Lettis Hooper Esqrl 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.
Mr 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 sd
Harrison which were read, and the Consideration of them
deferr'd till to morrow,
Then the Board adjourned to
March 27th
Present
His Excellency Lewis Morris E?qr &°
John Hamilton ^ John Rodman ^
James Alexander > Esqrs 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 Esqr
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 Esqr & read, which Me-
morial is in the following words.
To his Excellency Lewis Morris Esqr Captn 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 Esqr 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 Memlst 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 Memlst 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 Memut 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 MemlBt might be in as aforesd
CLINTON1
And thereupon it was mov'd by Mr 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 procln
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 23d Day
of December last & ending the 23d Day of this Instant March
(Viz4)
No. 69 His Excellency £250,, — ,,-
70. Robert Hunter Morris Esqr C Justice 37 „ 10 „ -
» 71. Joseph Bonnel Esqr 2d Judge 10;, — „ —
72. Joseph Warrell Esqr Attorney Gen11... 10 „ — „ —
'See N. Y. Col. Docs., V., 817, 818.
112 NEW JERSEY COLONIAL DOCUMENTS. [1740
73. Archibald Home Esqr Clerk of the
Council 7,, 10,, 0
74 Andrew Johnson Esqr Treasurer of
ye Eastn Division 10 „ — „-
75 John Allen Esqr Treasurer of the
Westn Division 10 „ — „ —
76 James Hooper Esqr 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 29th 1740.
Present
His Excellency Lewis Morris Esqr 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 16th 1740.
Present
His Excellency Lewis Morris Esqr 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
29th 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 Janry the 5th 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 17th 1740
Present
His Excellency Lewis Morris Esqr Governour &c.
John Wills "| John Rodman
John Reading I Esqrs Richd 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 18th 1740
Present
His Excellency Lewis Morris Esqr Governour &°
John Wills ^ Richard Smith ^
John Reading > Esqrs Rob* Hunter Morris V Esq"
Corn8 VanhorneJ Fen wick Lyell
The Proclamation ordered on the 17th 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 Esqr 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 Officer1 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 Colonies1 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 Accord8 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 Dan1 Mestayer, Dor Gardiner Edwd 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 Hooper1
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 14th 1740
Present His Excellency Lewis Morris Esqr Governour &°
Jn° Hamilton -j Rob : Hunter Morris \ -p TS
Jn° Reading I Esqrs Fenwick Lyell ]
Richd 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
1The younger.
118 NEW JERSEY COLONIAL DOCUMENTS. [1740
At a Council held at Burlington May 16th 1740.
Present
His Excellency Lewis Morris Esqr Govern1 &c.
•
Jn° Hamilton
Jn° Rodman
Richd 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 Mr 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
Esqr High Sherriff of the County of Gloucester be deferred
till Thursday thetTwenty ninth Instant and that the Clerk
do acquaint the said Samuel Harrison therewith
At a Council held at Burlington May 30th 1740
Present
His Excellency Lewis Morris Esqr Govr &c.
Jn° Reading •) Ro : Hunter Morris \^ n
Jn° Rodman VEsqrs 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 9th 1740.
Present
His Excellency Lewis Morris Esqr Govern1 &°
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 Honble George Thomas
EsqT Govern1 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 Esqr one of the Magistrates of the County of
Saleni and James Hinchman Esqr one of the Magistrates of
the County of Gloucester do take particur 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 sd 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 sd 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 Atiry 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 Petr &
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 Esqr 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 Excelly
having considered thereof does think it fit that the said Cor-
nelius Vanhorne Esqr 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 Council1
Ordered that John Wills and Cornelius Vanhorne be and
they are hereby suspended accordingly
His Excellency further observed to the Board that William
Provoost Esqr 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
Mr Provoost had promis'd him to Set out from his House in
order to attend ye 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 Mr Provoost's Conduct was who were unanimously of
opinion that Mr 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 Mr 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 17th 1740.
Present
His Excellency Lewis Morris Esqr Govern1" &°
Jn° Hamilton ^
Jn° Rodman V Esqrs
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 14th 1726 four
hundred & Sixty eight Pounds nineteen Shillings in Bills of
Credit cancelled before the Goverr & Council August 14th
1727.
Four Hundred & fifty eight Pounds nine Shillings and Six
pence in Bills of Credit Cancelled before the Governr &
Council January 20th 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 Esqr 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 18th 1740.
Present
His Excellency Lewis Morris Esqr Goverr &c.
Jn° Hamilton "I T, Richard Smith ) -r,
> il<SQ V JjjcQ
Jn° Rodman J Rob. Hunr 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 20th 1740
Present
His Excellency Lewis Morris Esqr Govern1 &c.
John Reading ^
Richd Smith V Esqrs
Ro : Hunr Morris J
The Governr 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 Esqr 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 24th 1740.
Present
His Excellency Lewis Morris Esqr Governr &c.
Jn° Hamilton 1 ™ rs Richard Smith ^
Jn° Reading / Jn° Rodman V Esqr
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
Mr Kinsey having argu'd the Cause for the Deft and Mr
Costigin for the plantff also argu'd prays further Time for
the Plttfs Council to answer he having not Seen Mr Kinseys
Argument It's thereupon Ordered that the pltts Council have
a Months time to answer the said Argument and that he
Serve the deft8 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 Govern1 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
Petr agst
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 25th 1740.
Present
His Excellency Lewis Morris Esqr Govern1 &c.
Jn° Hamilton ^ Richard Smith
Jn° Reading i Esq" Rob : Hunr Morris
\Esqr
is J
Jn° Rodman J
The Board resumed the Examination of the Complaint of
Abraham Anderson, and Mr Costigin praying Time might
be allowed him to produce a Certificate from the Clerk of
the Court of his having taken out a Writt agst 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 26tL 1740.
Present
His Excellency Lewis Morris Esqr Govr &c.
Jn° Hamilton ^ Richard Smith
Jn° Reading >Esqrs Ro : Hunr 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 26th 1740
At a Council held at Burlington July 7th 1740
Present
His Excellency Lewis Morris Esqr Governr &c
Jn° Hamilton ^
Richd Smith VEsqrs
Ro : Hunter Morris J
His Excellency sign'd Warrants to the following Persons
for one Quarters Sallary commencing the 23d day of March
and ending the 23d day of June last Viz*
N°78 To Himself. £250,, — ,,—
79 Robert Hunter Morris Esqr Chief Jus-
tice 37 ,,10,,—
128 NEW JERSEY COLONIAL DOCUMENTS. [1740
80 Joseph Bonnel Esqr Second Judge 10 „ — „ —
81 Joseph Warrell Esqr Attorney Gen1 10 „ — „ -
82 Archd Home Esqr Clk of the Council... 7 „ 10 „ -
83 Andrew Johnston Esqr Treasurer of the
Eastern Division 10,, — „ —
84 John Allen Esqr Treasur of the West-
ern Division 10 „ — „ —
85 James Hooper Esqr Clk of the Circuits 5 „ — „ —
86 Robert Frye Door keeper of the Coun-
cil 2,,10,,-
87 Andrew Johnston Esqr for the Use of
Richard Partridge Agent for this
Province at the Court of Great
Britain for 3 quarters Sallary com-
mencing the 23d Septr and ending
the 23d day of June last 60,, — ,,-
His Excellency in pursuance of the Answer given by the
Board to his sever1 Queries on the 9th of June last relating
to the absence of William Provoost Esqr one of his Majestys
Council and the advice of the Board thereon was this day
pleased to Sugpend the said William Provoost from further
attendg 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 I8t 1740
Present
His Excellency Lewis Morris Esq1 Governour &c.
Jno Hamilton ^ Richard Smith
Jno Reading > Esqre 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 Honble Coll William Gooche's Regim4 of Foot raised
within this Province in the following manner Viz1
1740] JOURNAL OF GOVERNOR AND COUNCIL. 129
Captains Commission James Hooper
2d 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 Esqr and to order the Secretary
to make out Commissions accordingly
At a Council held at Burlington Augst 2d 1740.
Present
His Excellency Lewis Morris Esqr Governr
John Rodman ^
Richd Smith VEsq™
Ro : Hunter Morris )
His Excellency was pleased to appoint Peter Baynton
Esqr 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 4th 1740.
Present
His Excellency Lewis Morris Esqr Govern1 &c.
John Hamilton \ -p IS Richard Smith \ -p rs
John Rodman J Ro : Hunr 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 Esqr for his At-
tendance in Council 100 day's £30 „ — „ —
89. John Wills Esqr for 30 days.... „ 9 „ — „ —
90. John Reading Esqr 100 days ,,30 „ — „ -
91. Cornelius Vanhorne 20 days „ 6 „ — „ —
92. John Rodman 100 days ,,30 „ — „ -
93. Richd Smith 100 days wso,, — „-
94. Robert Hunter Morris 100 days ,,30 „ — „ -
95. Fenwick Lyell 100 days ,,30 „ — „ —
1740] JOURNAL OF GOVERNOR AND COUNCIL. 131
96. Joseph Warrell Esqr Attey Gener1 80
days Attendance ,,24 „ — „ —
97. Michael Kearney Esqr 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 Mr
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 Esqr 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 ye 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 sa Lieutenant
That George Thomas be also ordered to Muster his Com-
pany at Perth Amboy before John Hamilton or Fenwick
Lyell Esqr 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" 8th 1740
Present
His Excellency Lewis Morris Govern1" &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 4th 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 Wm 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 Assembly1 of the said Province begun
and holden at Burlington April the 10th 1740, to the 31st
July 1740.
The General Assembly of the Province of New Jersey
being by His Majesty's Writt Called to meet at Burlington
on the 25th day of May 1739 and being by several Proroga-
tions Continued to
Thursday April 10th 1740
When The House met & adjourned to
Wednesday 16th
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 29th
Present
John Hamilton "^
John Wells
John Rodman J> Esq"
Richd 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 Province1 was read the first time and
ordered a Second reading
Then the House adjourned to
Wednesday April 30th 1740
Present
John Hamilton Pres' ")
John Rodman
Richd 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 1st
Present
John Hamilton Pres* ^
John Rodman
Richd Smith j> Esqra
Rob* Hunter Morris j
Fenwick Lyell J
Mr Cook and Mr 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, Mr Stacy and Mr 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 Mr Smith and Mr Lyell
Then the House adjourned to
Friday May 2d 1740
Present
John Hamilton Pres*
John Reading
John Rodman rg
Richd 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 &ca
was read a Second time, and Committed to Mr Rodman and
Mr 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 Mr Reading, Mr Morris & Mr Lyell
Mr 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 Mr 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 3d
Present
John Hamilton Pre4
John Reading
John Rodman
•Rich* Smith f
Rob* Hunter Morris
Fenwick Lyell J
Mr 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 Mr Lyell do acquaint the House of Assem-
bly, that this House has pass'd the said Bill without any
Amendments.
Mr 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
Mr Lyell reported that he had obey'd the above order of
this House
Then the House adjourned to
Monday May 5th 1740
Present
John Hamilton Pres1
John Reading
John Rodman
Richard Smith
Rob' Hunter Morris
Fenwick Lyell J
. Esqrs
Mr Lyell from the Committee to whom the Bill entitled
an Act to enable the Freeholders in Conjunction with three
Justices of the peace &ca 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 Mr 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 Mr Pearson,
and Mr Lowe concerning the Examination of the Treasures
acco18
Ordered That the said message do lye on the Table
The Bill entitled an Act to oblige the several Sherriffs &ca
was read a Second time and Committed to Mr Smith, Mr
Morris, and Mr Lyell
Then the House adjourned to
138 NEW JERSEY COLONIAL DOCUMENTS. [1740
Tuesday May 6th 1740
Present
Jn° Hamilton Pres* "")
Jn° Reading
Jn° Rodman ' ri
Richd Smith
Ro* Hunter Morris |
Fenwick Lyell J
Mr Morris moved for leave to bring in a Bill for Natur-
alizing Johannes Martinus Vanharlinghen, a Protestant
Native of the United Provinces
Ordered that Mr Morris have leave to bring in a Bill
accordingly.
Mr Morris moved that the Treasurers of this Province
might be ordered to lay their several accota 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 13th day of
this Month, and that the Clerk do serve the several Treasu-
rers with a Copy of this Order
Mr R : Smith of Burlington and Mr 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 7th
Present
Jn° Hamilton "i
Jn° Rodman VEsq™
Richd Smith )
Adjourned to
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 139
Thursday May 8th
Present
Jn° Hamilton
Jn° Reading
Jn° Rodman
Richd 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 &oa was read a Second time, and
committed to Mr Reading, Mr Rodman, and Mr Lyell
Mr Vanbuskirk and Mr 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 readg
Mr Cooper and Mr 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 Mr 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 Mr 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 9th 1740
Present
Jn° Hamilton ")
Jn° Reading
Jn° Rodman }- Esq™
Richd Smith
Rob : Hunter Morris J
The Bill entitled an Act Concerning the Acknowledging
and registring of Deeds &ca 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 &ca was read a Second time, and Committed to Mr
Rodman and Mr Smith.
Then the House adjourned to
Saterday May 10th 1740
Present
Jn° Hamilton
Jn° Reading
Jn° Rodman _
Richd Smith
Ro : Hunter Morris |
Fen wick Lyell J
Mr Benjamin Smith, and Mr 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 :
Mr Eaton and Mr 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.
Mr Morris from the Committee to whom the Bill entitled
an Act to oblige the several Sherriffs &ca 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 &ca be engross'd
Mr Morris pursuant to the leave given him, brought in a
bill entitled an Act for Naturalizing Johannes Martinus Van
Harlinghen1 which was read the first time and ordered a
Second reading
Mr Cooper, and Mr 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 12th 1740
Present
Jn° Hamilton
Jn° Reading
Jn° Rodman
Richd 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
Mr Hancock, and Mr 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 &ca 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* &ca was read a Second time & Comitted to ye Genlmn
of ye 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
Mr 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 Amendm4 to the same,
which he read ^n its place, and the same was agreed to by
the House
Ordered that Mr Rodman do carry the said Bill with the
Amendm** to the House of Assembly and desire their Con-
currence thereto
Mr Morris from the Committee, to whom the Bill entitled
an Act for the better enabling of Creditors to recover their
Just debts &ca 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 Mr Morris do carry the said Bill with the
Amendments to the House of Assembly and desire their
Concurrence
Then the House adjourned to
> Esqr
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 143
Tuesday May 13th 1740
Present
Jn° Hamilton
Jn° Reading
Jn° Rodman
Richd Smith
Ro : Hunter Morris |
Fenwick Lyell J
Mr Rodman, reported that he had obey'd the order of this
House of Yesterday.
Mr Stacy, and Mr 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, &ca 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.
Mr Allen Treasurer of the Western Division in pursuance
of the order of the 5th laid before the House his Accompte
Ordered that the said Acco : do lie upon the Table
Mr 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 14th
Present
Jn° Hamilton ~)
Jn° Rodman
Richd Smith j> Esq™
Rob : Hunter Morris j
Fenwick Lyell J
Mr Pearson, and Mr 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 Mr Morris do carry the same to the House
of Assembly for their Concurrence
Mr Vanbuskerk and Mr 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 aforesd 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 Esqra 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 15th 1740
Present
Jn° Hamilton ^
Jno. Rodman
Richd Smith f Es(T
Fenwick Lyell J
Then the House adjourned to
Friday May 16th 1740
Present
Jn° Hamilton ~)
Jn° Rodman
Rich* Smith f Es(lr8
Fenwick Lyell J
A Message from His Excellency desiring that the House
may Adjourn themselves to Tuesday the 27th Ins*
Then the House accordingly adjourned to Tuesday the 27th
Ins*
Tuesday May 27th 1740
The House met according to Adjournment
Present
John Rodman ^
Richd Smith VEsqrs
Fenwick Lyell J
The House adjourned to
Wednesday May 28th
Present
John Reading ")
John Rodman
Richd 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 14th 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.
Mr Pease,1 and Mr .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.
Mr 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 Mr Lyell have leave to bring in a Bill
accordingly
The Bill entitled an Act for preventing the Waste of
Timber, Pine &ca within the Town and Corporation of Ber-
gen, was read a Second time, and Committed to Mr Morris
and Mr Lyell
The House adjourned to
1 Joseph Peace.
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 147
Thursday May 29th 1740
Present
Jn° Reading ")
Jn° Rodman
Richd Smith [ Esqrs
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 Mr 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
<feca was read a Second time and committed to Mr Reading,
and Mr 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 11th Article of His Majestys Instructions to His
Excellency incerted in the Minutes of this House of the
10th Janry 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 Mr Reading, and Mr 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 30th 1740
Present
Jn° Reading ^
Jn° Rodman
• Richd 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
Mr Rodman from the Committee to whom the Bill entitled
an Act for restraining the burning of the Woods &ca 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 Mr 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 31st 1740
Present
John Reading ^|
John Rodman
Richd Smith j> Esqrs
Rob : Hunter Morris j
Fenwick Lyell J
Mr 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
Mr 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
&ca
Then the House adjourned to
Munday June 2d
Present
John Rodman ^j
Richd Smith
Ro : Hunter Morris f
Fenwick Lyell J
The House adjourned to
150 NEW JERSEY COLONIAL DOCUMENTS. [1740
Tuesday June 3d 1740
Present
John Reading ")
John Rodman
Richd Smith j» Esq"
Rob : Hunter Morris |
Fenwick Lyell
Doctr Johnston and Mr Hancock, from the House of
Assembly brought Back the Bill entitled an Act for restrain-
ing the burning of the Woods &ca 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 Esqr 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 Esqr to the barr of this House
The Serjeant at Arms having brought Mr 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 Mr Vanhorne do take his Seat in the House
Mr 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 Mr Smith do carry the said Bill with the
Amendments made thereto to the House of Assembly for
their Concurrence.
Mr Pearson, and Mr Eaton, from the House of Assembly,
brought back the Bill entitled an Act to oblige the Several
SherrifFs of this Province to give Security &oa 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 4th 1740
Present
John Reading "^ -
Cornelius Vanhorn
John Rodman _ n
Richd Smith
Rob* Hunter Morris j
Fenwick Lyell j
Mr 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 &ca
Mr Learning, and Mr Leonard, from the House of Assem-
bly, brought back the Bill entitled an Act concerning the
Acknowledging and registring of Deeds &ca 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 &ca 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 &ca be engross'd
Mr Rodman from the Committee to whom the Bill entitled
an Act to lay certain Taxes on Hawkers &ca 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 Mr Rodman do carry down the said Bill
with the Amendments, to the House of Assembly for their
Concurrence
152
NEW JERSEY COLONIAL DOCUMENTS.
[1740
Dor Johnston and Mr 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.
Mr 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 sd Bill be read a third time; which
being done and the Question put
Resolved, That the said Bill do pass.
Ordered. That Mr Morris do acquaint the House of Assem-
bly therewith
Then the House adjourned to
Thursday June 5th 1740
Present
John Reading ^
Corn8 Van Home
John Rodman
Richd Smith
Ro: Hunter Morris |
Fenwk Lyell
Esqr
Mr Lyell from the Committee to whom the Bill Entitled
an Act, to Explain what shall be a Legal Settlement &ca 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 Mr Lyell do carry down to the House of
Assembly the sd Bill with the Amendments, for the Concur-
rence of that House.
Mr 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
Mr Lyell reported that he had obeyed the above order of
this House
Mr Hude, and Mr 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 Mr Reading, Mr Smith, and Mr Morris be
a Committee to Examine the Treasures accompts
Then the House adjourned to
Friday June 6th
Present
John Reading "^
Jn° Rodman
Richd Smith f Es(T
Fenwick Lyell J
Then the House adjourned to
Saterday June 7th 1740
~)
Present
John Reading
John Rodman
Richd Smith }> Esqrs
Ro : Hunter Morris j
Fenwick Lyell J
A Message from the House of Assembly of the 5th desir-
ing that this House will appoint a Committee to Join a Com-
mittee of that House to burn the Cancelled money &ca
Ordered, That the Committee appointed to Examine the
Treasures Acco" be a Committee for that purpose
154 NEW JERSEY COLONIAL DOCUMENTS. [1740
Ordered, That Mr 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 Mr 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 Mr Stacy and
Mr 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 Mr Smith do acquaint the House of Assem-
bly, that the said Bill has been twice read, and Committed,
but is not yet reported.
Mr Rolph, and Mr Learning Junr 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 Amendm4*
made thereto by this House
Which engrossed Bill with the Amendments being read
and Compared
Resolved That the same do pass.
Mr Pearson and Mr 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
Mr Morris, from the Committee to whom the Bill entitled
an Act for the preventing the Waste of Timber &ca 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 ye sd Bill be recommitted to Mr
Rodman & Mr Lyell
Then the House adjourned to
Tuesday June 10th 1740
Present
John Reading "^
John Rodman
Richd Smith
Ro: Hunter Morris j
Fen wick Lyell J
Mr Smith, reported, that he had obeyed the several Orders
of this House of ye 7th
Mr Low, and Mr 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.
Mr Mickle, and Mr 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 &ca 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.
Mr Johnston Treasurer of the Eastern Division of this
Province laid his accots before the House
Ordered that the said accots do lie upon the Table
The Bill entitled an Act to oblige the several Sherriffs &ca
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 Mr Rodman do acquaint the House of
Assembly therewith
Then the House adjourned to
Wednesday June 11th 1740
Present
John Hamilton ")
John Reading
John Rodman ^ Esq™
Richd Smith
Fenwick Lyell J
The Bill entitled an Act for raising of money for finishing
and Compleatg the Goal and Court House already erected at
Newark in the County of Essex was read a Second time, and
Committed to M? Reading Mr Smith, and Mr Lyell
Then the House adjourned to
Thursday June 12th 1740
Present
John Hamilton
John Reading
John Rodman
Richd Smith (
Rob : Hunter Morris
Fenwick Lyell
Mr Vanmiddleswart and Mr 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.
Mr Reading moved for leave to be absent tell Tuesday next
Ordered, that Mr Reading have leave accordingly.
Then the House adjourned to
Friday June 13th 1740
Present
John Hamilton "}
John Rodman
Richd 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 &ca was read a Second time
and ordered a third reading.
The Bill entitled an Act Concerning the Acknowledging
and registring of Deeds &ca with the Message from the
House of Assembly of the 4th Ins1 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 wth the House of Assembly on the matter of the
said first Amendment ? and carried in the affirmative
Ordered That Mr 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 &ca
Then the House adjourned to
158 NEW JERSEY COLONIAL DOCUMENTS. [1740
Saterday June 14th 1740
Present
John Hamilton "^
John Rodman
Rich* Smith j> Esqr"
Ro : Hunter Morris
Fenwick Lyell
Mr Rodman reported that he had obeyed the order of this
House of Yesterday.
Mr Stacy and Mr Johnston from the House of Assembly,
brought up a Bill entitled an Act the better to Enable
Creditors to obtaine Satisfaction of their Recoveries &ca for
the Concurrence of this House, which was read the first time
and ordered a Second Reading
A Message by Mr Hancock, and Mr Rolph from the House
of Assembly That, that House has appointed Coll0 Farmer
Mr Eaton, Mr Low Mr Cooper Mr Learning, and Mr 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 &ca and desire that this House will appoint time
and place
Ordered That Mr Rodman, Mr Morris, & Mr 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 Mr Smith do acquaint the House of Assembly
therewith
Then the House adjourned to
Munday June 16th 1740
Present
John Hamilton ^
John Rodman
Richd Smith j> Esq™
Rob. Hunter Morris j
Fenwick Lyell
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 159
Mr Smith reported, that he had obeyed the order of this
House of Saterday last
Mr Lyell from the Committee to whom the Bill entitled
an Act for the Preventing the Waste of Timber &ca 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 ? whethr this House agrees to the said Amendments ? it
was carried in the affirmative
Ordered That Mr Lyell do carry down the said Bill with
the Amendmta 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 &ca 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 22d Ins* to prove the matters in said Petition con-
tained, and that the sd Petition1 and the Freeholders of
Newark & Achquachanunc be served with a Copy of this
order by the Clerk of this House
Mr Lyell from the Comittee to whom the Bill entitled an
Act for raising of money for finishing and Compleating the
Goal &ca 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 &ca was read a Second
time and comitted to Mr Morris, and Mr Lyell
Then the House adjourned to
160 NEW JERSEY COLONIAL DOCUMENTS. [1740
Tuesday June 17th 1740
Present
John Hamilton ^
John Rodman
Richd Smith '}• Esq™
Rob: Hunter Morris j
Fenwick Lyell
Coll0 Farmer & Mr 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 &ca was read the third
time, and on the question put
Resolved that the same do pass ;
Ordered That Mr Lyell do acquaint the House of Assem-
bly therewith
Mr Lyell reported that he had obeyed ye above order of
this House
Mr 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 &ca 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 19th 1740
Present
John Hamilton ^
John Reading
John Rodman }> Esq™
Richd 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 &ca 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 Mr Rodman do Carry down the Bill and acquaint the
House of Assembly That this House agrees to the report of
the Committee
Mr 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 Mr Morris do carry down to the House of
Assembly the said Bill with the Amendments made thereto
by this House, for their Concurrence
Mr Cooper and Mr Vandevere from the House of Assem-
bly, broug* back the Bill entitled an act for preventing
the Waste of Timber &ca with the Amendments made
thereto by this House ; to all which amendments that House
disagrees, and adheres to the Bill
Mr Learning and Mr 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
Mr Morris from the Committee to whom the Bill entitled
an Act the better to Enable Creditors to obtain Satisfaction
of their Recoveries <feca 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 Mr 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 20th 1740
Present
John Hamilton ^
John Reading
John Rodman }- Esq™
Richd Smith
Ro : Hunter Morris J
Mr Rodman reported, that he had obeyed the order of this
House of Yesterday
Mr 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 Mr Smith do acquaint the House of Assem-
bly therewith
Dr Johnston and Mr 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 &ca 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 21st 1740
Present
John Hamilton ^)
John Reading
John Rodman ^ Esq™
Richd Smith
Ro : Hunter Morris J
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 163
Mr 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 7th 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 7th 17391
Sir
Since our Letter to you of November 2d 1738 We have
received yours of May 26th 1739, Transmitting your Speech
to the Council and Assembly with nine Acts — one dated the
4th October relating also to the Differance between the Coun-
cil and Assembly, as to the Application of Publick money
together with one of the 6th Decemr last concerning the Paper
Currency in New Jersey
We are Concerned to find by your said Letters of 26th
May & 4th 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 together2
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 Esqr Govern1 of New Jersey
Mr Vanbuskirk, and Mr learning from the House of
Assembly brought up the Engrossed Bill entitled an Act for
the Acknowledging and registring of Deeds &ca with the
Amendment tHereto agreed on at the Conferrance which
being read and Compared ;
Resolved That the same do pass ;
Mr Smith reported, that he had obeyed the order of thi&
House of yesterday
Then the House adjourned to
Munday June 23d 1740
Present
John Hamilton ^j
John Reading
John Rodman }- Esqr
Richd Smith
Ro : Hunter Morris J
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 165
Mr Stacy, and Mr 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 ye 16th 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 &ca 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 Mr 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 24th 1740
Present
John Hamilton "^
John Reading
John Rodman }- Esq"
Richd 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
Mr 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.
2dly 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 For 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 25th 1740
Present '
John Hamilton ^
John Reading
John Rodman }> Esq™
Ro: Hunter Morris j
Richd Smith J
Mr Low, and Mr 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
&ca at Newark &ca 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 Mr Smith carry down the said Bill to the
House of Assembly and acquaint them that this House does
recede from the 4th 5th 6th & 7th Amendments made thereto
Then the House adjourned to
168 NEW JERSEY COLONIAL DOCUMENTS. [1740
Thursday June 26th
Present
John Hamilton ")
John Reading
John Rodman }• Esq"
Rich* Smith
Rob : Hunr Morris J
The House took into Consideration, the Message from the
House of Assembly of the 19th by Mr Cooper, & Mr Van-
devere, concerning the Bill entitled an Act, for preventing
the Waste of Timber &ca and the Question being put whether
the House adhere to their own Amendments made to the
said Bill it was carried in y9 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 27th 1740
Present
John Hamilton ~)
John Reading
John Rodman }> Esq™
Richd Smith
Rob. Hunt. Morris J
Mr Hude, & Mr Low, from the House of Assembly,
brought up the Engrossed Bill entitled an Act, for raising of
money for Finishing the Goal at Newark &ca which being
read and compared,
Resolved, That the same do pass.
Then the House adjourned to
Saterday June 28th
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 169
Adjd to Munday June 30
Adjd to Tuesday July 1"
Adjd to Wednesday July 2d
Adjd to Thursday July 3d
Present
John Hamilton ^
John Rodman
Richd Smith j» Esq™
Rob : Hunter Morris j
Fenwick Lyell
Ool° Farmer, Mr Leonard, Mr Low, Mr Learning, and Mr
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
•&ca for the Concurrence of this House which was read, the
first time and ordered a Second reading
Then the House adjourned to
Friday July 4th 1740
Present
John Hamilton ^
John Rodman
Richd Smith ')> Esqra
Ro: Hunt' Morris j
Fenwick Lyell J
The Bill entitled an Act for making Current Two Thou-
sand Pounds in Bills of Credit &ca 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 Mr Rodman, Mr Smith, Mr Morris and
Mr Lyell be a Committee to that purpose
Ordered, That Mr 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 Mr Rodman, Mr Smith, Mr Morris, and Mr 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 Mr Learning
& Mr Vandevere That, that House has appointed Mr Richard
Smith of Burlington, Mr Eaton Mr Cooper, Mr Low, Mr
Leonard Mr Hude, Mr Cook, and Mr 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 5th 1740
Present
John Hamilton ")
John Rodman
Richd Smith j> Esq™
Ro : Hunt1 Morris
Fen wick Lyell
Mr 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 Viet8 &ca
1st 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
2dly 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
" 3dly 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
<( 4thiy 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 aforesd 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 &cft 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 Expedn should through want of the
same be retarded
Resolved, That the said Bill do pass.
Ordered, That Mr Rodman do acquaint the House of
Assembly therewth
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 218t Ins1
Adjournd to
Munday July 21st 1740
Present
John Rodman 'j
Richard Smith V
Ro : Hunr Morris J
Tuesday 22d July
Adjourd to
Adjournd to
Wednesday July 23d
Present
The same
Thursday July 24th
Present
John Hamilton ")
John Rodman
Richd Smith f Es(lr
i
Ro : Hunter Morris J
Adjourned to
Adjourd to
Friday July 25th
Present the same
1740] JOURNAL OF THE PROVINCIAL COUNCIL. 173
Saterday July 26
Present the same
Adjourd to Munday July 28th
Present the same
Adjourned to
Tuesday July 29th-
Present
John Hamilton "")
John Reading
John Rodman J> Esq™
Richd Smith
Rob' Hunr Morris J
Adjourned to Wednesday July 30th
Present the same
Mr 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.
Mr Morris also from the Committee appointed to join a
Committee of the House of Assembly to burn the Cancelled
money &ca 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
Dr John Allen Treasurer of the Western Division Cr
of the Province of New Jersey
Support of Government
To Arreage in Burling-
ton County as the ye
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 pay8
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 unpd
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 sd Treasures
Acco* said to be
due from the
Estate of James
Trent late Corn-
miss' of the Loan
Office of sd 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 Sum1
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
Govern1 in Coim-
cil, and saw Burnt
and destroyed in
part of the Sum
mentioned to be in
ye hands of sd
Treasurer uncan-
celled in old Bills
dated 1724 the
Sumof£146,,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 Mich1
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
Dr Andrew Johnston Treasurer of the Eastern Division Cr
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 ye last
Settlem* as ^ Report
in 1738 £1398,, 5,, 9
To Sundry Dificiences
in the Interest money
as ^ Report last
Settlement in the yr
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 ye £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 paya
from ye 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 Mr Kearney
at last Settlem* still
remains unpaid ...... £567,,
By Sundry Dificiences
still unpd 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 acco13
relating to cancelling
of such part of ye
£4000 paya from the
Eastern Division by
Virtue of an Act
passed in ye Year 1723
for that purpose and
find in said Treasures
hands as "& last Settle-
ment in ye yr 1738
uncancelled the Sum
of £184 ,,5,, — which
was laid before yr
Comittee but for wh
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 sd Bills... £ 184,, 5 „ —
Also in the hands of
Mich1 Kearney late
Treasurer ,,289,, 1,,—
In the County of Essex
a Dificy since ye 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 Mich1
Kearney late
Treasurer the Sum
of.. £ 80W 7,, 6
Ballance Still ren.8
uncancelled in said
late Treasurers
hands for wh 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,, 6d 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 sd Committee do make the following report to ye
House
The Committee proceeded to examine the Treasures Ac-
compts relating to the Forty thousand pounds Emitted in
ye year 1724 & havg also Examined the sever1 bundles of
cancelled Bills formerly Cancelled before the Governr & Coun-
cil in & before ye year 1728, being part of £4000 appointed
to be cancelled also sever1 bundles of Bills cancelled by the
Commiss™ of the Loan Offices for ye Western Division before
the Justices & Freeholders of the sever1 Counties thereof wh :
were laid before us by the Treasures of sd Division do desire
to make ye following Report Viz'
That there should
have been Can-
celled in Bills of
Credit before the
Govern1 and Coun-
cil, or destroyed
before the Gen1
Assembly by ye
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 sd Di-
vision laid before the
Govern1 & Coun1 &
this Committee,
three Bundles of
cancelled Bills
which he cancell4
before the Govern1
& 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 ye Gov-
ernr & Coun1 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 Mich1
Kearney last Settle-
mt all whoh sd
Bundles and Sums
were Examind &
burnt in the pres-
ence of ye Gover-
nour Council & sd
Committee There is
still remains in sd
Treasur18 hands to
be Cancelld 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 sd Com-
ittee as ye same
was reported in yr
Settlem' in ye yr
1733 That John
Allen, Treasur1 of
sd Division laid
before ye then
Comittee of the
House of Assem-
bly, in Conjunc-
tion with a
Comittee of the
Council Sundry
Bills of Credit.
The Princip1
Sums bro* into the
Treasu'y by the
Commrs of ye
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 ve sai<j Treasur*
bro' before them
in Conjunction
\\-ith the Comittee
of the Councill
thirty four
bundles wherein
were Contained
Bills of Credit ye
princip1 sums bro*
into said Treas-
urers by ye Corn-
miss™ of the Loan
Offices cancelled
in the Several
Counties in man-
ner aforesd Since
the settlement in
1733 were also
burnt to ye Value
of £5851,,12,,10-
That there is a bal-
lance due to be
Cancelled from ye
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
Commissr of the
Loan Office of sd
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 ye Commiss™ of the Loan
Office of fed County in the first
years Cancelling of the
£20,000
The Committee further agree that Rob : Hunter Morris
from the sd Committee do make the following Report to the
House Contained in the follow g Accompt.
Dr The Eastern Division on the
Forty Thousand Pounds
Cr
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
ye 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 Commrs
of Essex County one
bundle ................ „ 22,,11,,—
That there is a ball.
due from ye 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 Viz4
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]
Richd 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 31st of December 1740,
And ending the 2d of May 1741.
At a Council held at Trenton December 31" 1740.
Present
His Excellency Lewis Morris Esqr
John Reading
Ro : Hunr 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 23d June
and ending the 23d September
last £250 „ — „ —
„ 101 To d° for one quarters Sallary com-
mencing the 23d September and
ending the 23d Instant „ 250 „ — „ —
„ 102 To d° for a Year's Rent of a House
Commencing the 23d Septemr 1739
and ending the 23d Septemr last... „ 60 „ — „ -
His Excellency sign'd also Warrants to the following Per-
sons for a half years Sallary commencing the 23d of June
and ending the 25th Instant Viz'
N° 103 To Robert Hunter Morris Esqr Chief
Justice £ 15 „ — „ —
104 Joseph Bonnel Esqr second Judge „ 20 „ — „ —
105 Joseph \yarrell Esqr Attorney General. „ 20 „ — „ —
106 Archibald Home Esqr Clk of the
Council „ 15 „ — „ —
107 Andw Johnston Esqr Treasurer E.
Division „ 20 „ — „ —
108 John Allen Esqr Treasurer of the W.
Division „ 20 „ — „ —
109 James Hooper Esqr late Clk of the
Circuits a quart™ Sallary Com6 23d
June & ending 23d Septemr last „ 5 „ — „ —
N° 110 Charles Read Esqr Clk of the Circuits
a quarters Sallary Commg 23d Septr
and ending 23d 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 5th August 1740.1
As also a Letter from the Lords of Trade of the 25th 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 Mr
Kinseys Argument that Mr 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 Excell7 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
JSee 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 1st 1740
Present
His Excellency Lewis Morris Esqr
John Reading ^j
Ro: Hunter Morris '
Fenwick Lyell [ Es(lr"
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 6th Q : Anne entituled an
Act for ascertaining the Rates of Foreign Coins &c. as also
the said Act of the 6th 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 4th 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 Esqr
John Reading ^j
Ro : Hunr Morris •'
Fenwick Lyell f E&c^
Peter Baynton J
Mr 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 Gen1 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
3th of Queen Anne ascertaining the rates of Foreign Coins &ca
to observe the same and carry it into due Execution1 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 6th 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 6th 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 3rd 1740
Present
His Excellency Lewis Morris Esqr
John Reading ^
Ro: Hunr Morris ' " ra
Fen wick Lyell j
Peter Baynton J
Mr 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
Mr 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 1st 1741.
Present
His Excellency Lewis Morris Esqr
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^ 27th 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 Esqr Collector of His 1
Majesty's* Customs for the Port of/
Trenton March 23rd 1740
Sir
As to the doubt made whether by my order of the 27th 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 Viz1 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 25th 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 wth 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 23d December and ending the 23d day of
March last to the following officers Viz'
N° 112 To Himself. £250 „ — „ -
113 Rob: Huntr Morris Esqr Chief
Justice „ 37 „ 10 „ —
114 Joseph Bonnel Esqr 2d Judge „ 10 „ — „ -
115 Joseph Warrell Esqr Attey General... „ 10 „ — „ -
K° 116 Archibald Home Esqr Clk of the
Council £ 7 „ 10 „ -
117 Andw Johnston Esqr Treasurr E:
Division 10 „ — „ -
118 Jn° Allen Esqr Treasurer of W:
Division „ 10 „ — „ —
119 Cha8 Read Esqr Clk o£ the Circuits..,, 5 „ — „ -
120 Adml of R. Frye late door keep1 of
ye Council 2 „ 10 „ —
April 2d 1741
/ Present
His Excellency Lewis Morris Esqr
John Reading ^
John Rodman •
Richd Smith [ Es(*r"
Peter Baynton J
Mr 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 2d 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 338/3d 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 2d 1741 JOHN RODMAN
RICHARD SMITH
PETER BAYHTON
1741] JOURNAL OF GOVERNOR AND COUNCIL. 197
April 3d 1741
Present
His Excellency Lewis Morris Esqr
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 Mr
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 2d 1741
Present
His Excellency Lewis Morris Esqr
John Reading -|
John Rodman >Esqw
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 Excelle»cy 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
19th 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 2d 1741 to November 4, 1741
Friday October 2d 1741.
Present.
John Rodman. -j
R: Hunter Morris. >Esqr"
Fen wick Lyell. . J
The House adjourned to
Saturday Octr 3d
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, thor
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 sor
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
origin1 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
Publick1
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 Nation1 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 Octor 5th 1741
Present
The Same
The House adjourned to
Tuesday Octor 6th 1741
Present
John Reading ^
John Rodman i ™ rg
Richard Smith |
Fenwick Lyell J
The House adjourned to
Wednesday Octor 7th 1741
Present
John Reading
John Rodman
Richard Smith
Ro : Hunter Morris
Fenwick Lyell
Peter Baynton
Mr 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 Mr Morris have leave accordingly.
Then the House adjourned to
Thursday Octor 8th
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 Esqr dated at N York Octrr 5th
•wherein he desires him to acquaint the Govern1 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 Octor 9th 1741
Present
John Reading
James Alexander
Richard Smith
Ro: Hunr Morris
Fenwick Lyell
Peter Baynton
Esqr
Mr 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.
Mr 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 Mr Morris have leave accordingly. Mr
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.
Mr Baynton moved the House for leave to be absent till
Munclay the 19th instant
Ordered, that Mr Baynton have leave accordingly.
Then the House adjourned to
1741] JOURNAL OF THE PROVINCIAL COUNCIL. 207
Saturday Octor 10th 1741
Present
James Alexander
John Rodman
Richard Smith
Ro Hunt1 Morris ( jSq"
Fenwick Lyell
Peter Baynton J
The Bill entitled an Act to enable the Chief Justice &ca
was read a Second time, and Committed to a Committee of
the whole House.
Mr 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 &ca
was read a Second time and Committed to a Committee of
the whole House
Mr Morris moved for leave to bring in a bill relating to
the Murder of Basterd Children.
Ordered, that Mr Morris have leave accordingly.
Mr 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 Mr Attorney General do lay such list before
this House
Mr 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, Mr Morris, Mr Lyell, Mr Rodman and Mr Smith
be a Committee For that purpose
Then the House adjourned to
208 NEW JERSEY COLONIAL DOCUMENTS. [1741'
Munday Octor 12th 1741
Present
John Kodman ^
Richard Smith i Esq"
Fenwick Lyell J
Adjourned to
Tuesday Octor 13th
Present
John Reading ~)
John Rodman { -p „
Richard Smith j
Fenwick Lyell J
Adjourned to
Wednesday Octor 4th [14th]
Present
Jn° Reading ^> Richd Smith \ E „
James Alexander > Esq™ Fenwk Lyell /
Jn° Rodman J
Mr Pearson and Mr 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.
Mr Leonard and Mr Peace From the House of Assembly
brought up a bill entitled an Act declaring how the Estate or
Right of a Feme Court1 may be conveyed or extinguished,
which was read the First time and ordered a Second reading.
Mr Eaton and Mr 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 Mr 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 Debts1 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 Octr 15th 1741
Present
John Reading
James Alexander
John Rodman
• Richard Smith
Ro : Hunter Morris
Fenwick Lyell J
The House adjourned to
Friday Octor 16th 1741
Present
The Same
Mr 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.
Mr Vanbuskirk and Mr 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 Mr Alexander be added to the Committee
appoint4 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 Octor 17th 1741.
Present
John Reading ")
James Alexander
John Rodman J> Esq™
Richard Smith
R* Hunter Morris J
Mr Rodman From the Committee of the whole House on
the bill entitled an Act to enable the Chief Justice &ca
reported that they had made an Amendment to the Title, as
also several to the Body of the sd Bill which Amendments
were read & agreed to by the House.
. Ordered, that the said Bill with the Amendments be
engrossed.
Mr Lyell moved for leave to be absent till Friday next.
Ordered that Mr Lyell have leave accordingly.
Then the House adjourned to
Munday Octor 19th 1741.
Present
The Same.
Mr Leonard and Mr 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 Octor 20th
Present •
The Same.
The Bill entitled an Act to annex part of the County of
Essex &ca 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 Mr Rodman do carry down the said Bill to
the House of Assembly For their Concurrence.
Mr Alexander From the Committee of the House on the
Bill entitled an Act to oblige the several Sherriffs &ca 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.
Mr Rodman reported that he had obeyed the above order
•of this House.
Mr Alexander moved For leave to bring in a bill For
recording of Deeds & Mortgages.
Ordered that Mr 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 Court1 may be conveyed or extinguished was read
a second time and comitted to Mr Alexander, Mr Morris, and
Mr' Smith.
Then the House adjourned to
Wednesday Octor 21st 1741.
Present
' The Same.
Mr 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 Mr Morris do carry down the said Bill to the
House of Assembly For their Concurrence.
Mr Alexander moved For leave to bring in a bill For Con-
tinuing the Road From Bergen to Hudson's River
Ordered, that Mr Alexander have leave accordingly.
Mr 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.
Mr 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 Octor 22d 1741.
Present
The Same
Doctor Johnston and Mr Stacy From the House of Assem-
bly brought back the engrossed bill entitled an Act to enable
the Chief Justice &ca that House having agreed to the sam<
without any Amendments.
Mr 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 wch was done accordingly, and on the question.
Resolved, That the said bill with the Amendments do pass.
Ordered that Mr Smith do carry down the said bill with
Amendments made thereto by this House to the House of
ssembly For their Concurrence
Mr 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 &ca 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 Mr 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 &ca was read a Second time and Committed to the
Gent0 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 Gentn
of the House or any three of them.
The bill entitled an Act Subjecting Real Estates &ca was
read a second time and Committed to the Gentn of the House
or any three of them.
Mr Smith reported that he had obeyed the above orders of
this House.
The Bill entitled an Act concerning the Acknowledgeing
and Registring of Deeds &ca 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 &ca was read a Second time and Committed to the
Gemn of the House or any three of them.
Then the House adjourned to
214 NEW JERSEY COLONIAL DOCUMENTS. [1741
Friday Octor 23d 1741
Present
John Reading
James Alexander
John Rodman
Rich* Smith
Ro : Hunr Morris |
Fenwick Lyell J
Mr Learning and Mr 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.
Mr 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 Mr Morris do carry the said bill to the
House of Assembly For their Concurrence.
Mr Rodman from the Committee on the bill entitled an
Act For Continuing the Kings High Way, &ca 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 Mr Lyell do carry down the said bill to the
House of Assembly for their Concurrence.
Mr Morris reported that he had obeyed the above order of
this House.
Mr Low and Mr 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
&ca that House having agreed to the Amendment made
thereto by this House which being read & Compared
Ordered, that the Speaker do sign the same.
Mr 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 Mr 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 Octor 24th 1741
Present
The Same
Adjourned to
Munday Octor 26th 1741.
Present
James Alexander ~]
John Rodman
Richard Smith J> Esqrs
Ro : Hunt1 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 &ca
216
NEW JERSEY COLONIAL DOCUMENTS.
[1741
Mr Lyell From the Committee on the bill entitled an Act
to Annex part of the County of Essex &ca' reported that they
had made some Amendmu 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 Amendm48 do pass.
Ordered that Mr Morris do carry down the said bill with
the Amendments made thereto by this House to the House of
Assembly For their Concurrence.
Mr Peirson and Mr Eaton From the House of Assembly
brought back the bill entitled an Act to oblige the several
Sherriffs &ca with one Amendment made thereto by that
House, For the Concurrence of this House.
Mr Hancock and Mr 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 Octor 27th 1741
Present
The Same.
Mr Vanbuskirk and Mr 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 Mr Rodman do carry the same to the
House of Assembly to be compared and signed by the Speaker.
Mr 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 wch 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 Mr Morris do carry down the sd 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 &ca
-wth 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 Mr Rodman do carry back the said bill with
the Amendment and acquaint the House of Assembly with
the above Resolve.
Mr Rodman From the Committee on the bill entitled an
Act concerng 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.
Mr 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 Mr Lyell have leave accordingly.
Then the House adjourned to
Wednesday Octor 28th 1741
Present
John Reading
James Alexander
John Rodman „ r
Richd Smith
Ro Hunt1 Morris
Fenwick Lyell J
218
NEW JERSEY COLONIAL DOCUMENTS.
[1741
Mr Rodman reported that he had obey'd the orders of this
House of Yesterday.
Mr Morris reported that he had obey'd the orders of this
House of Yesterday.
Mr Demarest and Mr 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.
Mr 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.
Mr Leonard and Mr Vanmiddleswart From the House of
Assembly brought back the bill entitled an Act to annex part
of the County of Essex &ca that House having agreed to the
Amendment made thereto by this House.
Mr Smith and Coll0 Farmer From the House of Assembly
brought back the bill entitled an Act subjecting real Estates
<fcca 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 Mr 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.
Mr Rolph and Mr 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 Mr Eaton and
Mr Cooper to Know what progress this House has made in
the bill entitled an Act concerning the Acknowledgeing and
registring of Deeds &ca sent up to this House 7br 18th inst* by
that House.
Ordered, that Mr Lyell do acquaint the House of Assembly
1741] JOURNAL OF THE PROVINCIAL COUNCIL.
that on the 27th inst' the Question was put in this House,
Whether the sd bill be rejected and carryed in the Affirmative.
Then the House adjourned to
Thursday Octor 29th 1741
Present
The Same.
Mr Morris reported that he had obeyed the order of this
House of Yesterday.
Mr 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 &ca was read a Second time and Committed to the Genta
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 Gentn of the Council or any three
of them.
Mr Leonard and Mr 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 23d day of September 1741 and to
end the 23d of Septem1 1742 For the Concurrence of this
House, which was read the First time and ordered a Second
reading.
Then the House adjourned to
Friday Octor 30th
Present
The Same
Mr Rodman From the Committee on the bill entitled an
Act to repeal Part of a Clause of an Act &ca 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 Mr Morris do carry down the said bill to the
House of Assembly For their Concurrence.
Mr 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 Mr 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 Octor 31st 1741
Present
The Same
Mr Low and Mr 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 Mr 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.
Mr Smith reported that he had obeyed the said order.
The bill entitled an Act For the Support &ca was read a
second time & Committed to a Committee of the whole
House.
Mr Lyell moved for leave to be absent the ensuing week.
Ordered, that Mr Lyell have leave accordingly.
Archibald Home Esqr 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 Novemr 2d 1741
Present
John Reading "^
James Alexander
John Rodman . .„ r
Richd Smith
Ro: Hunr Morris
Arch4 Home
Mr Home From the Committee of the whole House on the
bill entitled an Act For the Support &ca reported the same
without any Amendments and
On the question whether the House agrees to the said
Reportg it was carryed in the Affirmative.
Mr Morris Protested against the said Vote, and pray'd
time to enter his said Protest in Form.
Ordered that Mr Morris have time till to morrow morning
at 10 ° Clock to enter his said Protest in Form.
Then the House adjourned to
Tuesday Novemr 3d
Present
The Same.
Mr 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 Mr Morris have leave ? it
was carried in the Negative.
1 See N. J. Archives, VI., 109, 127.
222
NE\V JERSEY COLONIAL DOCUMENTS.
[1741
Mr 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.
1st 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.
2dly 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.
3dly 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.
4thly 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.
5P1* 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 &ca
be read a third time, which was done accordingly, and
On the Question
Resolved, that the said bill do pass.
Ordered, that Mr Smith & Mr Rodman do acquaint the
House of Assembly, that this House has pass'd the said bill.
A Message From the House of Assembly by Mr Learning
<fe Mr 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 &ca and that House has appointed
Coll0 Farmer, Mr Eaton Dr Johnston Mr Cooper, Mr Cook,
and Mr 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 Mr Rodman, Mr Morris and Mr Home be a
Committee For that purpose and that they meet at M" Sar-
jeants at 3 a'Clock this afternoon.
Ordered, that Mr Morris do acquaint the House of Assem-
bly wth this Appointment.
Ordered, that Mr Morris, Mr Rodman and Mr 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 Mrs Sarjants at 3
a Clock this afternoon
Ordered, that Mr Morris do acquaint the House of Assem-
224
NEW JERSEY COLONIAL DOCUMENTS.
[1741
bly therewth and desire them to appoint a Committee to join
the said Committee for that purpose.
Mr Rodman, reported that Mr Smith and himself had
obeyed the above order of this House.
Mr Alexander, Finding himself much indisposed, prayed
leave to go home.
Ordered, that Mr Alexander have leave accordingly.
Mr Morris reported that he had obey'd the orders of this
House of this day.
Then the House adjourned to
Wednesday Novemr 4th 1741
Present
John Reading "^
John Rodman
Richd Smith }> Esq™
Ro : Hunr Morris j
Archd Home
Mr Rodman reported From the Comittee appointed to
confer wth 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 sd
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
Mr 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 Esqr 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 &ca
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
Novemr 4th 1741
By order of the House
of Assembly
AND' JOHNSTON Spr
November 4th 1741
By order of the Council
JN° READING
Ordered, that Mr 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
Mr Low and Mr 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 Mr 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 Mr Morris and Mr Rodman do waite of His
Majesty1 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.
Mr Morris reported that Mr 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° 23d September 1741 and to end the 23d 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 Esqr
John Rodman ^
Robert Hunter Morris V Esqrs
Peter Baynton j
His Excellency signed Warrants for a quarter's Salary
Commencing the 23d day of March, and ending the 23d day
of June last to the following Persons Viz*
N° 121. His Excellency £250,, — ,,-
122. Rob* Hunter Morris Esqr Chief Jus-
tice
37 „ 10 „ -
123. Joseph Bonnel Esqr Second Judge... 10 „ — „ -
124. Joseph WarrelEsq* Attorney General 10,, — „-
125. Archibald Home Esqr 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 Esqr Attorney General, pursuant to An Act of
General Assembly, to prosecute Oliver Schuyler Esqr 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 10th 1741.
Present
His Excellency Lewis Morris Esqr
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 Ancocus1 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 Octr 14th 1741.
Present
His Excellency Lewis Morris Esqr
John Reading ^
John Rodman
Richard Smith j> Esqrs
Rob* Hunter Morris j
Fenwick Lyell J
Peter Savery Serjeant at Arms acquainted the Board, that
in pursuance, the order of the 10th 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 15th 1741
Present
His Excellency Lewis Morris Esqr
John Reading "}
John Rodman
Richard Smith }. Esqrs
Robert Hunter Morris j
Fenwick Lyell J
Mr 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 Octr 27th 1741.
Present
His Excellency Lewis Morris Esqr
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 23d day of June and ending the
23d September last.
232
NEW JERSEY COLONIAL DOCUMENTS.
[1741
130. To himself. £250 „ — „ —
131. To Robert Hunter Morris Esqr 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 23d 1740, and end-
ing the 23d September last 100 „ — „ -
141. To his Excellency for one year's
House Rent commencing 23d Sep-
tember 1740 and ending the 23d
Sepr last 60 „ — „ —
At a Council held at Perth Amboy November 2d 1741.
Present
His Excellency Lewis Morris Esqr
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 Esqr 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 Esqr
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 Reign1
By his Majesty's Command
HOLLES NEWCASTLE
Archibald Home Esqr to be of
the Council of New Jersey
Superscribed
To our Trusty and well beloved Lewis
Morris Esqr 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 Mr 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 Novr 5th 1741
Present
His Excellency Lewis Morris Esqr
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 23d September
1741 and ending the 23d 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. Exrd 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. Mr" 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. Mr 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 30th Decemr 1741.
Present
His Excellency Lewis Morris Esqr
John Reading ^
Rob* Hunter Morris V Esq"
Archibald Home J
His Excellency was pleased to sign Warrants for a Quarter's
Salary from the 23d of September last to the 23d of this Instant
Decemr to the following Officers.
N°165. To himself. £250 „ — „ —
166. Rob* Hunter Morris Esqr Chief Jus-
tice 50 „ — ,, —
167. Joseph Bonnel Esqr Second Judge... 7 „ 10 „ -
168. John Allen Esqr third Judge 7 „ 10 „ —
169. Joseph Warrell Esqr Attorney Gen-
era1 10 „ — „ —
236 NEW JERSEY COLONIAL DOCUMENTS. [1741
170. Archibald Home Esqr Clerk of the
Council ... 7 „ 10 „ —
171. Andrew Johnston Esqr Treasurer E.
Division 10 „ — „ —
172. John Allen Esqr Treasurer W. Divi-
sion 10 „ — „ —
173. Walter Hetherington Door Keeper of
the Council 2 „ 10 „ —
174. Andrew Johnston Esqr for the use of
Richd Partridge Esqr Agent 20 „ — „ -
At a Council held at Trenton April 7th 1742.
Present
His Excellency Lewis Morris Esqr
John Hamilton "}
John Reading
John Rodman J> Esq™
Richard Smith
Archd Home
His Excellency was pleased to sign Warrants for a Quarter's
Salary from the 23d December to the 23d March last to the
following Officers of the Governm* Viz'
N° 175. To Himself. £250 „ — „ -
176. Rob4 Hunter Morris Esqr Chief Jus-
tice 50,, — „ —
177. Joseph Bonnel Esqr 2d Judge 7 „ 10 „ -
178. John Allen E<qr 3d Judge 7 „ 10 „ -
179. Joseph Warrell Esqr Attorney Gen-
eral 10 „ — „ -
180. Archd Home Esqr of the Council 7 „ 10 „ -
181. Andrew Johnston Esqr one of the
Treasurers 10 „ — „ -
182. John Allen Esqr one of the Treas-
urers 10 „ — „ -
1741] JOURNAL OF GOVERNOR AND COUNCIL. 237
183. Andrew Johnston for the Use of
Richd 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 8th 1742
Present
His Excellency Lewis Morris Esqr
John Hamilton
John Reading
John Rodman
Richard Smith
Ro : Hunter Morris |
Archd Home J
His Excellency again laid before the Board His Majesty's-
Royal Instructions, communicated to them and the House of
Assembly on the 26th 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
4th 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 Feby 2d 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.
Mr 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 Novr 3rd 1742.
Present
His Excellency Lewis Morris Esqr
John Hamilton ^)
John Reading
John Rodman )> Esqrs
Richard Smith
Archibd 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 3rd Tuesday
in November and in Essex on the 4th 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 Novr 4th 1742
Present
His Excellency Lewis Morris Esqr
John Hamilton ^
John Reading
John Rodman }• Esq™
Richd Smith
Archd Home }
His Excellency Sign'd Warrants to the following Persons
for a half year's Salary from the 23d March 1742 to the 23*
September last Vizt.
N° 186 To himself 1 quarter from
23d March to 23d June. .£250 „ -
187. To Himself a Quarter
from 23d June to 23d
Sepr last 250,,—
£500 „ — „ —
188. To R6V Hunter Morris Esqr Chief
Justice 100 „ — „ —
189. Joseph Bonnell Esqr 2d Judge 15 „ — „ -
190. John Allen Esqr 3rd Judge 15 „ — „ -
191. Joseph Warrell Esqr Attorney Gen-
eral..... 20 „ — „ -
192. Archd Home Esqr Clerk of the Coun-
cil 15,, — ,, —
193. Andrew Johnston Esqr one of the
Treasurers 20 „ — „ -
194. John Allen Esqr one of the Treasurers 20 „ — „ -
195. Andrew Johnston Esqr for the use of
Richd 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 3d 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 17th 1742.
Present
His Excellency Lewis Morris Esqr
John Hamilton
John Reading
John Rodman
Rich* Smith
Archd 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 25th 1742.
Present
His Excellency Lewis Morris Esqr
John Hamilton ^
John Rodman
Rich* Smith Es(T
Archd 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 Esqr for 45 days
Attend* in Council *. £13 „ 10 „ -
200. John Reading Esqr 45 d° 13 „ 10 „ -
201. John Rodman Esqr 42 d° 12 „ 12 „ -
202. Richard Smith Esqr 42 d° 12 „ 12 „ -
203. Archd Home Esqr 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 Serj1 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. Wm Pettit doorkeeper of the Assem-
bly 42 days 6,, 6,,-
208. Richd Smith Junr 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. Archd Home for extraordinary Ser-
vice? 5 „ — „ —
212. Andrew Bradford Printer his Ace'... 45 „ 2 „ —
At a Council held at Kingsbury Febry 1st 1742.
Present
His Excellency Lewis Morris Esqr
John Reading ^
Rob* Hunter Morris VEsq"
Archd Home J
His Excellency sign'd Warrants to the following Persons
for a Quarter's Salary from the 23d Septr to the 23d Dec1
last Viz*
IN" 213. To himself. £250 „ — „ —
214. Rob* Hunter Morris Esqr Chief Jus-
tice 50 „ — „ —
215. Joseph Bonnel Esqr 2d Judge 7 „ 10 „ —
216. John Allen Esqr 3d Judge 7 „ 10 „ —
217. Joseph Warrell Esqr Attorney Gen-
eral 10 „ — „ —
218. Archd Home Esqr Clk of the Council 7 „ 10 „ —
219. Andrew Johnston Esqr [one] of the
Treasurers , 10 „ — „ —
220. John Allen Esqr 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 24th 1 743.
Present
His Excellency Lewis Morris Esqr
John Rodman ^
Richard Smith
Rob* Hunter Morris f Es(l"
Archibd Home J
His Excellency sign'd Warrants to the following Persons
for a Quarters Salary from the 23d December to the 23d Marc
last Viz*
N°222. To himself. £250
223. R. Hunter Morris Chief Justice 50
224. Joseph Bonnel 2d Judge 7
225. John Allen 3d Judge 7
226. Joseph Warrell Attorney General.... 10
227. Archd 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 Mr Samuell Mason, a Trustee for the Moheegan
Indians, informing him, that the Court, Constituted by his
Majesty's Commission of Review of the 8th of Jan17 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 20th 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 Mr
Rodman & Mr 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
Mr Smith and Mr 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
16th and Ending November 25th 1 <f42.
Saturday October 16th 1742
Present
John Rodman ^
Richard Smith V Esq™
Archibd 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 Answr 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 yor Con-
sideratn 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 yor
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 Octor 18th 1742
Present
The same
The House adjourned to
Tuesday Octor 19th
Present
John Reading ^
John Rodman i
Richard Smith [ Es(lr
Archibd Home J
The House adjourned to
248 NEW JERSEY COLONIAL DOCUMENTS.
Wednesday Octor 20th
Present
The same
The House adjourned to
Thursday Octor 21st
t Present
The same
The House adjourned to
[1742
Friday Octor 22nd
Present
John Hamilton ^j
John Rodman
Rich* Smith f Es(l"
Archibd Home J
The House adjourned to
'
Saturday Octor 23d
Present
The Same
The House adjourned to
Munday Octor 25th
Present
John Hamilton ^
.John Reading
John Rodman J> Esq
Richard Smith I
Archibd Home J
The House adjourned to
1742] JOURNAL OF THE PROVINCIAL COUNCIL. 249
Tuesday Octor 26th
Present
The Same
The House adjourned to
Wednesday Octor 27th
Present
The Same
Mr Peace and Mr 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 Coll0 Farmar
and Mr Richard Smith, That that House hath appointed Mr
Cooper Mr Eaton, Mr Hude, Mr Low, Mr Benja Smith and
Mr Learning Junr to be a Committee to joyn a Comittee of
this House to inspect the Treasures Accote and make report
to the House
Ordered that Mr Eeading Mr Rodman & Mr 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 Mr Home do acquaint the House of Assembly
therewith.
Mr Pearson and Mr 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 Octor 28th
Present
The Same
250
NEW JERSEY COLONIAL DOCUMENTS.
[1742
Mr 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
Mr Eaton, and Mr 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 Octor 29th
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.
Mr Reading from the Committee of the House on the Bill
entituled an Act declaring how the Estate or Right of a
Feme Covert &0* reported that they had made several
amendments thereto, which were read and agreed to by the
House.
Ordered, that Mr Smith do carry down the said Bill wth
the amendments made thereto by this House to the House of
Assembly for their Concurrence.
Then the House adjourned to
Saturday Octor 30*
Present
The Same
1742] JOURNAL OF THE PROVINCIAL, COUNCIL. 251
Mr Vandevere and Mr Learning Junr 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 Novr 1st
Present
The Same
The House adjourned to
Tuesday Novemr 2d
Present
The Same
Mr 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 Mr 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.
Mr Home from the Committee on the Bill entitled an Act
to oblige the several Sherriffs &ca reported that they had made
one Amendment thereto which was read and agreed to by the
House.
252 NEW JERSEY COLONIAL DOCUMENTS.
Ordered, that Mr 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 Novr 3d
Present
The Same
Mr Reading reported that he had obey'd the order of this
House of Yesterday.
Mr Smith reported that he had obey'd the order of this
House of Yesterday
Mr Rolph and Mr 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.
Coll0 Farmar and Mr Richard Smith from the House of
Assembly brought back the Bill to oblige the several Sherriffs
to give Security &ca 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 Novemr 4th
Present
The same.
The Bill entitled an Act concerning the Acknowledging of
Deeds &ca was read a second time and committed to the House
or any three of them.
1742]
JOURNAL OF THE PROVINCIAL COUNCIL.
253
Mr Low and Mr 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 Novr 5th
Saturday Novemr 6 :
Munday Novemr 8th
Present
The Same
Mr Cook and Mr 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 &ca the sum of Forty
thousand pounds in Bills of Credit.
Then the House adjourned to
Tuesday Novr 9th
Present
The Same
The Bill entitled an Act to relieve the Necessities of the
Inhabitants &ca was read the first time and ordered a Second
reading
The Bill entituled an Act for defraying the Expenses &ca
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 &ca was read a Second time and Committed to
the House or any three of them.
Then the House adjourned to
Wednesday Novr 10th
Present
The Same.
The Bill entitled an Act to relieve the necessities of the
Inhabitants of this Colony <fcca 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 Novr 11th
Present
The Same.
The House adjourned to
Friday Novr 12th
Present The Same
The House adjourned to
Saturday Novr 13th
Present the Same
Mr 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 Mr Rodman do acquaint the House of As-
sembly that this House has pass'd the said Bill.
Mr Rodman reported that he had obey'd the above order
Then the House adjourned to
Munday Novr 15th
Present
The Same
Mr 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 Novr 16th
Present
The Same
Mr Low and Mr 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 Mr Vanmid-
dleswart and Mr Peace desiring to know what Progress this
House has made in the Bill for registring of Deeds &ca sent
256
NEW JERSEY COLONIAL DOCUMENTS.
[17421
up the 3d inst' as also in the Bill to relieve the necessities &ca
sent up the 8th instant for the Concurrence of this House.
Mr 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 Mr 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 Mr Reading do also carry down to the
House of Assembly the Minute of this House of 15th inst1 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.
Mr 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 &ca 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 Novr 17th
Present
The Same
Mr Leonard and Mr 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
Mr Reading from the Committee on the Bill entitled an
Act For defraying the Expences that may arise on printing
signing &ca reported the same with some Amendments, which
were read and agreed to by the House.
Ordered, that Mr Reading do carry down the said Bill with
the Amendments to the House of Assembly For their Con-
currence
Mr Reading reported that he had obey'd the above order
Then the House adjourned to
Thursday Novr 18th
Present
The Same
Mr Richard Smith, and Mr 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 &ca
Mr Learning Junr and Mr 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 &ca the
sum of £40,000 &ca 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 &ca was read the
First time, and ordered a Second reading.
Then the House adjourned to
Friday Novr 19th
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 Mr 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 Novr 20th
Present
The Same
Mr 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
Mr Reading from the said Committees do make the following
Report to the Council contained in the following Accompt.
Dr John Allen Treasurer of the Western Division Cr
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 ye
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 ye sd Treasurers
Acco* said to be due
from the Estate of
James Trent late
Commissr of the Loan
•Office of sd County
deceasd 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 Commissr of
the Loan Office
of the said County
deceased. £34,, — „ —
By sundry Warrants
Certificates &ca 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 sd 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 ye sd 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 Mr 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
Dr Andrew Johnston Esqr Treasurer of the Eastern Cr
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 Mr Mich1
Kearny late Treas-
urer and ordered to
be paid to Andrew
Johnston, Esqr 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 sd 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 Viz1 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 19th 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
" Esqr 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 Mr Richd 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 Novr 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 20th instant in the following words viz*
"Ordered, that Mr Cooke Mr Leonard & Mr 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' 20th 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 9th July 1730 Mr Parker Chairman of the Com-
mittee of Council appointed to join a Committee of the House
to inspect the Treasur6™ Accote made report thereof to the
then Governor and Council in which said report are ye 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 Difficenys 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 Bills1
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 Mr 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 Novr 23d
Present the same
The House adjourned to
Wednesday Novem1 24th
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
Gentln
" I have communicated your Message of the 20th 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 Esqr 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 Novemr 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 ye 22d Novem1 1742
The House adjourned to
Thursday Novr 25th
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 Septmr 1742, and to end the 23d of
September 1743,
And made the following Speech
268
NEW JERSEY COLONIAL DOCUMENTS.
[1742
Gentlemen
I find by the Council Books, that Mr Burnet the Governor
of this Province on the 26th 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 12th & 13th 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. 2691
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 14th of November 1722, the Governor
laid before the board a Letter from the board of Trade1 of
the 22d of Februry 1721/2 Inclosing a Report they had made
to the King on the 10th of Janry before, wherein they Repre-
sent to His Majesty, their Reasons why three Acts, therein
mentioned should be disallowed of by His Majesty Viz1 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 20th
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.
2dly 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 mean1
Notwithstanding the repeal of these Acts, the Assembly
Attempted them again ; but with titles something different ;
upon which Mr Burnet the then Governor communicated an
Instruction to him, in these words.
"And you shall not re-Enact any Laws to which our As-
1Men.
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.
2d An Act for Shortning Law Suits, and regulating the
Practice & Practitioners of the Law and other Officers.
3d 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 25th 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 wth 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 &ca 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 ye 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 dissolved1
Proceedings of Council for the Province of New Jersey at
a Sessions of General Assembly of the said Province beginning
at Perth Amboy October 10th and Ending December 10th
1743
Munday Octor 10th 1743.
Present
His Excellency Lewis Morris Esqr
John Hamilton
John Reading
James Alexander }> Esqrs
Rob* Hunter Morris j
Archibald Home J
The House of Assembly2 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
Mr 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 Octor. 11th 1743
Present
John Hamilton ^
John Reading
James Alexander )> Esq™
Rob* Hunter Morris j
Archibd Home J
Adjourned to Wednesday Octor 12th
Adjourned to Thursday Octor 13th
Adjourned to Friday Octor 14th
Adjourned to Saterday Octor 15th
Adjourned to Monday Octor 17th
Adjourned to Tuesday Octor 18th
Adjourned to Wednesday Octor 19th
Adjourned to Thursday Octor 20th
Present
John Hamilton ^j
James Alexander
Rob1 Hunter Morris f ^s^
Archibd Home J
Mr Peirson and Mr 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.
Mr Van middles wart and Mr 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.
Mr Hancock and Mr 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.
Mr Richard Smith and Mr 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 Octor 21.
Present
John Hamilton ~)
John Reading
Rob' Hunter Morris f Es(T
tArchibd Home J
Mr Gibbon and Mr 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 Octor 22d
Present
John Hamilton ^
John Reading i
Rob' Hunter Morris •
Archibd 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 Octor 24th
Adjourned to Tuesday Octor 25th
Present
John Hamilton')
John Reading >Esqrs
Archibd Home )
Mr Cooper and Mr 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 Octor 26
Adjourned to Thursday Octor 27th
Adjourned to Friday Octor 28th
Present
John Hamilton ")
John Reading ( E
Archbd Home j
Edwd Antill J
His Excellency having been pleased to nominate and
appoint Edward Antill Esqr 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
Mr Hancock and Mr 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 Conferrance2 of this House.
Mr Demarest and Mr 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 Octor 29th
Present
Jn° Hamilton ^
James Alexander >Esq"
Archibd Home J
Mr Smith and Mr 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 Octor 31st
Adjourned to Tuesday Novemr I8t
Present
John Hamilton ^
John Reading
James Alexander }• Esqrs
Archibd Home
Edwd Antill
Mr Cooper and Mr 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 <feca 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 &ca was read the first
time and ordered a Second reading
The Bill entitled an Act concerning the Acknowledging
Deeds &ca was read the first time and ordered a Second
reading
The Bill entitled an Act to Establish Courts &ca was read
the first time & ordered a Second reading.
The Bill entitled an Act to impower the Inhabitants of
the County of Salem &ca was read the first time & ordered a
Second reading.
The Bill entitled an Act to Impower the Inhabitants of
the County of Bergen &ca was read the first time and ordered
a Second reading.
The Bill entitled an Act for making Current Forty thou-
sand Pounds &ca was read the first time and ordered a Second
reading.
The House adjourned to Wednesday Novr 2d 1743
Present
John Hamilton ^
John Reading
James Alexander J> Esqrs
Archibd Home
Edwd Antill
The Bill entitled an Act for the relief of Poor distressed
Prisoners <feca was read the first time and ordered a Second
reading.
The bill entitled an Act for subjecting real Estates &oa 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 &ca 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 &ca was read a Second time and Committed as above.
The Bill entitled an Act to establish Courts &ca was read
a Second time and committed as above.
The Bill entitled an Act to Impower the Inhabitants of
the County of Salem &ca 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.
Mr 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 Mr Alexander have leave accordingly.
Mr Alexander accordingly brought in a Bill entituled an
Act for continuing the King's High Way &ca which was read
the first time and ordered a Second reading.
The House adjourned to Thursday Novr 3d 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 Mr Speaker do sign the same
1743] JOURNAL OF THE PROVINCIAL COUNCIL. 287
Ordered that Mr 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 Mr 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 &ca 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 &ca was read a Second time and Committed as
above.
The House adjourned to Friday Noyr 4th 1743
Present
John Hamilton
John Reading
James Alexander
Rob4 Hunter Morris
Archibald Home
Edward Antill
Esq™
Mr 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.
Mr Antill from the Committee on the Bill entitled an Act
to oblige the Several Sherriifs &ca 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 Mr Antill do carry down the said bill with
the Amendm' made thereto by this House, to the House of
Assembly for their Concurrence.
Mr Antill from the Committee on the Bill entitled an Act
to erect & Establish Courts in the several Counties &ca 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 Mr Antill do carry down the said Bill with
the Amendm" made thereto by this House, to the House of
Assembly for their Concurrence.
Mr Antill reported that he had obeyed the above two Orders
of this House.
A Message from the House of Assembly, by Mr Lawrence
and Mr 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
&ca and Adheres to the Bill.
The House adjourned to Munday Novr 7th
Present
John Hamilton John Reading ^
James Alexander Rob' Hunter Morris > Esq™
Archibd Home
Mr Lawrence and Mr 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.
Mr 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 Mr Morris do carry down the said Bill with
the Amendment made thereto by this House, to the House of
Assembly for their concurrence.
Mr Morris reported that he had obeyed the above Order of
this House.
Mr 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 Mr Morris do carry down the said Bill with
the Amendmts made thereto by this House to the House of
Assembly for their Concurrence.
Mr Reading from the Committee, on the Bill entituled an
Act for continuing the Kings High Way from Bergen Point
&ca 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
Mr Nevill and Mr 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 &ca 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 &ca 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 Mr Reading do carry down the said Bill to
the House of Assembly, for their Concurrence.
Mr Reading reported that he had obeyed the above Order
of this House
Mr 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 Novr 8th 1743
Present
John Hamilton "")
John Reading
James Alexander )» Esq™
Rob' Hunter Morris j
Edward Antill
Mr Nevill and Mr 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
Coll0 Farmar and Mr 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 Mr Morris do acquaint the House of Assem-
bly therewith
The House adjourned to Wednesday Novr 9th 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 &ca was read a Second time and Committed
to the Members of the House or any three of them.
Mr 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 &ca was read a Second time and Committed to
the Members of this House, or any three of them.
Mr Morris from the Committee on the Bill entituled an
Act to impower the Freeholders &ca 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 Mr Morris do acquaint the House of As-
sembly thereof, and that this House have appointed Mr
Reading and Mr 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
MM Serjeant at two o'Clock this Afternoon.
Mr Morris reported that he had obeyed the above Order of
this House.
The House adjourned to Thursday Novr 10th 1743
Present
John Hamilton ^
James Alexander
i
Rob' Hunter Morris J> Esq"
Archibald Home
Edward Antill
Mr 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 Mr Cooper,
Mr Nevill, Mr Pearson, and Mr 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 Novemr 11th
Present
The Same.
Mr Lawrence and Mr 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 Novr 12th
Present
The Same
Mr Nevill and Mr 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 &ca For the Concurrence of this House.
Which Bill was read the first time and ordered a Second
reading.
Mr Nevill and Mr 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 &ca which
was read the first time and ordered a Second reading
Mr Eaton and Mr 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 &ca which
was read the first time, and ordered a Second reading.
Mr Vanmiddlewart and Mr 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 &ca
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
Mr Antill from the Committee, to whom the Bill entituled
an Act to impowr the Freeholders &ca 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 Mr Antill do carry down the said bill with
the Amendments made thereto by this House, to the House
of Assembly for their Concurrence
Mr 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 &ca 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 tfcca
read a Second time and committed as above.
The Bill entituled an Act to encourage the direct importa-
tion of Rum &ca was read a Second time and committed as
above.
The House adjourned to Munday Novr 14th 1743 .
Present
John Hamilton ~1
James Alexander
Rob* Hunter Morris [ Es(l"
Antill
Mr Antill from the Committee on the Bill entituled an Act
for subjecting real Estates &ca 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 Mr Antill do carry down to the House of
Assembly the said Bill with the Amendments for their Con-
currence
Mr Antil reported that he had obeyed the above order of
this House
• Mr Bonnel and Mr 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.
Mr Bonnel and Mr Cook also brought up the Bill entituled
an Act to Impower the Freeholders &ca 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 ;
Mr Morris from the Committee on the Bill entituled an Act
concerning the Acknowledging of Deeds &ca 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 Mr Morris do Carry down the said Bill with
the Amendments made thereto by this House, to the House
of Assembly for their Concurrence.
Mr Morris reported that he had obeyed the above Order of
this House.
Mr Gibbon and Mr 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.
Mr Morris from the Committee on the Bill entituled an
Act Declaring how the Estate or Right of a Feme Covert
may be conveyed &ca 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 Mr 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 &ca
Mr Morris reported that he had obeyed the above Order of
this House.
The House adjourned to Tuesday Novemr 15th
Present
John Hamilton James Alexander ^
Robert Hunter Morris Archibd 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 &ca was
read a second time and committed to the House or any three
of the Members.
Mr Mickle and Mr Leonard From the House of Assembly
brought back the bill entituled an Act for subjecting real
Estates, &ca 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 Novr 16th
1743] JOURNAL OF THE PROVINCIAL COUNCIL. 297
Present
The same.
Mr Bonnel and Mr Cook, From the House of Assembly,
brought back the Bill entituled an Act concerning acknowl-
edging Deeds &ca 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 Mr Bonnel and
Mr 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 Mr 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.
Mr Morris reported that he had obeyed the above Order.
Mr 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, whh was done accordingly, and on the
Question.
Resolved that the said Bill with the Amendments do pass
Ordered that Mr 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 Novr 17th 1743
298 NEW JERSEY COLONIAL DOCUMENTS. [174&
Present
John Hamilton ^
Rob' Hunter Morris !
Archibald Home
Edward Antill
Mr Antill reported that he had obeyed the Order of this-
House of Yesterday.
Mr Nevill and Mr 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 &ca 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 &ca 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 Novemr 18th
Present
The Same
The Engrossed Bill entituled an Act to Impower the Inhabi-
tants of the County of Middlesex to Build a Bridge &ca 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, &ca 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 &ca
Benjamin Griggs and Christopher Hoglant also attended and
laid before the House the following Remonstrance agsc the
said Bill.
To the Honble 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 Honble 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 Proceed15' 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 sd 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 20th day of March,
till the 25th 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 sd 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 Honble 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 Honl)!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 Novr 21"
Present
John Hamilton "")
John Reading
Ro : Hunter Morris }> Esq™
Archibald Home
Edward Antill
Mr Antill, From the Committee on the Bill entituled an
Act For preserving of Timber &ca reported the same with
some Amendments wch 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 Mr 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
Mr Antill, From the Comittee on the Bill entituled an Act to
•encourage the direct Importation of Rum O [&ca] 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 Amendm1' do pass
Ordered that Mr 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 Novr 22d
Present
The Same
Mr Antill reported that he had obeyed the Orders of this
House of yesterday.
Mr Morris from the Committee on the Bill entituled an
Act to prevent any Attorney &ca 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.
Coll0 Farmar and Mr Cooper From the House of Assembly
brought back the Bill entituled an Act to encourage the direct
Importation of Rum &ca 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 :
Coll0 Farmar and Mr Cooper also brought back the Bill
entituled an Act for preserving of Timber &ca 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 Coll0 Farmar and Mr Cooper that that
House have appointed Col° Farmar Mr Cooper Mr Cook and
Mr 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 Mr Reading and Mr Antill be a Committee
to meet the Committee of the House of Assembly, For the
purpose aforesd and that the Sd Committees do meet at the
House of Andrew Johnston Esqr at Six in the Evening, and
that Mr Antill do inform that House thereof.
The House adjourned to Wednesday Novr 23d 1743
Present
The Same
The last Amendment made by the House to the Bill
entituled an Act to encourage the direct Importation of Rum
&ca 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 Mr 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 &ca 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 Mr Antill do acquaint the House of Assembly
therew*
The House adjourned to Thursday Novr 24th
1743] JOURNAL OF THE PROVINCIAL COUNCIL. 305
Present
The Same
Mr Lawrence and Mr Hancock brought up from the House
of Assembly the Bill entituled an Act to encourage the direct
Importation of Rum &ca 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
Mr Lawrence and Mr Hancock also brought up the Bill
entituled an Act for preserving of Timber &ca reingrossed
with the Amendmts 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 Mr Lawrence
and Mr 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 Novr 25 : 1743
Present
The Same
Mr Reading from the Committee appointed to join a Com-
mittee of the house of Assembly to inspect and burn the
Cancelled money &ca 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 Mr
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 Esqr 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 contg £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 Novr 26th
Present
The Same
Mr Antill from the Committee on the Bill entituled an
Act For ascertaining the fees &ca 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 Mr Antill do carry down the said Bill with
the Amendm*8 to the House of Assembly for their Concurrence.
Mr 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 Mr 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 Novr 28th
Present
The Same
308
NEW JERSEY COLONIAL DOCUMENTS.
[1743
Mr Antill reported that he had obeyed the Orders of this
House of Yesterday
The House adjourned to Tuesday Novr 29th 1743
Present
The Same
Mr Bonnel and Mr 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
I1* 16th 17th 19th 20th 21st 32d & 35th 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 sd Bill and on the
Question
Kesolved, th^t this House recedes From their 16th 17th 19"*
20th and 32d Amendments to the Bill entitled an Act for
Ascertaining the Fees &ca and adheres to the 1st 21" and 35th
Amendments to the said Bill and also that this House agrees
to the 1st 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 Mr 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 Novr 30th
Present
The Same
Mr 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 Mr Nevill and
Mr Mott, That that House desires a free Conferrence on the
Bill entituled an Act for ascertaining the fees &ca 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 Mr Bonnel Mr Lawrence Mr Cooper and Mr Cook to
be a Committee of that House on the Conferrence aforesaid.
Ordered that Mr Heading Mr Morris and Mr 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 &ca and that the Time and place of meeting be at 4
o'Clock this Afternoon at Mr Serjeants.
Then the House adjourned to Thursday Decemr 1st 1743
Present
The Same
Mr 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 1st and 35th Amendments made by this House to the
said Bill, and that the Comittee of this House have receded
From the 21st 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 33d
and 34th Amendments made by this House to the said Bill.
Then the Question was put whether the House agrees to
the sd 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 Mr Eaton and
Mr 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 &ca 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 21st 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 35th
"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 33d and 34th Amendments to which the
" Committee of the Council agreed
Ordered that Mr 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 &ca
Then the House adjourned to Friday Decem1 2d 1743
Present
The Same
M* Demarest and Mr Doughty from the House of Assem-
bly brought back the Bill entituled an Act for ascertaining
the fees &ca reingrossed wth 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 Decembr 5th 1743:
Present
The Same.
Mr Bonnel and Mr 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 Decemr 6th
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 &ca 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 Decr 7th
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 Mr Reading do acquaint the House of Assem-
bly that this House has passed the Said Bill.
Mr 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 5th 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 5th 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 woh 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
5th 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 Dec1 8th 1743
Adjourned to Friday Decemr 9th
Adjourned to Saturday Decemr 10th
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 Preference1 of both House to Give his Assent to
the following bill viz1
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 Septemr 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 Gen1 Assembly of this Province to the first Tues-
day in April next then to meet at the City of Burlington in
the said Province.
Mr 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 5th of this month write to Mr 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 6th 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 7th 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 9th 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 2dly 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 3dly 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 4tUy 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 5thly 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 Decem1 5th 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 viz1 "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 wth 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. 2d 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 : 3d 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 Mr 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 4th 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 sd Province begun &
holden at Burlington
Friday 22d June 1744
Present
John Rodman 1 p rs Robert Hunter Morris \ ™ rs
Richard Smith / Edward Antill )
Adjourned to
Saturday 23d 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 wth 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 publick1
& 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 Quartr 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 25th June 1744
Present
John Rodman ^
Richard Smith vEsq™
Edward Antill J
Adjourned to
Tuesday 26th June 1744
Present
John Reading ) ^ r« Richard Smith \ -p w
John Rodman ) Rob* H. Morris J
Edward Antill Esqr
His Excellency's Speech delivered on Saturday was read.
Mr Morris moved that an Act of the General Assembly of
this Province pass'd 4° George 2d entitled an Act for setling
the Militia of the Province of New Jersey might be read and
the same was read accordingly, then
Mr Morris Moved that a Comm89 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 Mr Morris and Mp Antill be a Committee to
prepare and bring in the said Bill accordingly.
Mr 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
1This speech is given in N. J. Archives, VI., 178.
326 NEW JERSEY COLONIAL DOCUMENTS. [1744
Wednesday 27th 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 Esqr Captn Gen1 & Govr 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 Redress1
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 28th June 1744
Present. The Same
Mr 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 29th 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
Captns 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 Corp1 & 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 Govr 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 wth 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 Capn General
having power sufficient (as I said before) to do every thing
332 NEW JERSEY COLONIAL DOCUMENTS. [1744
wch 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 2d the 1st of
George and indeed during the Reigns of King William 3d
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 doing1
LEWIS MORRIS
Then the House of Assembly withdrew & sometime after
his Excellency left the Council
Mr Morris from the Commee on the Bill for the better
setling and regulating of the Militia &c reported to the House
that the Commee 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 Amendm18 be engrossed.
Then the House adjourned to
Saturday 30th 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 Mr Morris do carry the said Bill down to
the House of Assembly for their Concurrence
Then The House adjourned to
Munday 2d July 1744
Present
John Rodmans
Richard Smith VEsq"
Richard AntillJ
The House adjourned to Tuesday 3d July 1744
Present — The Same
His Excellency came into Council
A Message from the House of Assembly by Mr Eaton &
Mr Cooke to his Excellency in the following words
Ordered That Mr Eaton & Mr 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 29th 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 woh they then came to Sundry Resolu-
tions & communicate them to his Excell07 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 & Mr Eaton & Mr Cook withdrew.
Thereafter his Excellency having by the Sec7 commanded
the Attendance of the House of Assembly was pleased to make
the following Speech to them & to dissolve the Assembly.
Mr 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.
2N. J. Archives, VI., 189-191.
1744] JOURNAL OF THE PROVINCIAL COUNCIL. 337
Saturday August 18, 1744
Present
John Hamilton ^ Robert Hunter Morris ^
James Alexander >Esqrs Edward Antill >Esq"
John Rodman J James Hude J
His Excellency having been pleased to nominate and
appoint James Hude Esqr 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 Assembly1 having made choice of and pre-
sented to his Excellency Samuel Nevill Esqr 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
"keffectual for the publick good
LEWIS MORRIS
The House adjourned to
Monday August 20th 1744
Adjourned to Tuesday August 21st
Adjourned to Wednesday August 22nd
Adjourned to Thursday August 23d
Adjourned to Friday August 24th
Adjourned to Saturday August 25th
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 Esqr9 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.
Mr 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 4th day of Octo-
ber thereafter.
342 NEW JERSEY COLONIAL DOCUMENTS. [1744
Thursday October 4th 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 24th 1744
Present
John Reading ^ Rob' Hunter Morris^
John Rodman I Esq™ Edward Antill VEsqrs
Richard Smith ) James Hude )
A sufficient Number of Counsellors being now met, the
House proceeded to Business, and
Mr Reading acquainted the House that on the 12th Instant
Mr Eaton and Mr 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
Mr Smith acquainted the House that on the 13th Instant
Mr Leonard and Mr 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.
Mr Smith further acquainted the House that on the 15.
Ins' Mr Lawrence and Mr 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.
Mr Smith also acquainted the House that on the 22. Ins'
Mr Young and Mr 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 Mr 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
Mr Smith acquainted the House that on the 22 Ins* Mr
Cooke and Mr.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 25th 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 Mr
Rodman & Mr Morris
The House adjourned to
Friday Oct. 26, 1744.
Present. The Same.
Mr 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 Mr Smith and Mr 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.
Mr Mott and Mr 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.
Mr Home Clerk of the Council laid before the House a
Letter he had from John Hamilton Esqr 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 Octr 27, 1744.
Present
John Rodman \ ^ rs Rob* H. Morris \ -p „
Richard Smith / Edward Antill J
James Hude Esqr
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 wch leads from Bergen point &c was read a Second Time
& Committed to Mr Morris and Mr 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 >Esqrs Edward Antill
Richard Smith J James Hude
1744] JOURNAL OF THE PROVINCIAL COUNCIL. 347
A Message from the House of Assembly by Mr Cooper
and Mr Hude that That House had appointed Mr Cooper^
Mr Eaton, Mr Hude, Mr Mott, Mr Hancock and Mr 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 Octr 31, 1744.
Present. The Same
Ordered that Mr Eeading Mr Rodman and Mr 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 Mr Smith Do acquaint the House of Assembly
therewith.
Mr Vreelands and Mr 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 Novr 1st 1744.
Present. The same
Mr 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
Mr 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 Novr 2d 1744.
Present. The same
The Engrossed Bill entitled an Act for continuing the
King's Highway from Bergen point &c was read the 3d time,
and on the Question
Resolved that the said Bill do pass.
Ordered that the Speaker do sign the same.
Ordered that Mr 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
Mr 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 Mr Morris Do 'carry down the said Bill with
the Amendments Made thereto by this House to the House of
Assembly for their Concurrence.
Mr 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 Novr 3, 1744.
adjourned to
Saturday [Tuesday] Novr 6, 1744.
adjourned to
Wednesday Novr 7 1744.
Present
John Reading -\ Robert H. Morris ^
John Rodman VEsqrs Edward Antill iE?qrs
Richard Smith J James Hude )
350
NEW JERSEY COLONIAL DOCUMENTS.
[1744
Mr Smith acquainted the House that Yesterday the 6th
Ins' Mr Cooper and Mr 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 sd 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, wth 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.
Mr Reading acquainted the House that yesterday the 6th
Inst Mr Doughty and Mr 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 Mr Hude and
1744] JOURNAL, OF THE PROVINCIAL COUNCIL. 351
Mr 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 12th October last. The Bill to prevent Actions
under fifteen pounds being brought into the Supreme Court
of this Colony sent 13th 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 22d October last. The Bill for better set-
tling and regulating the Militia of this Colony &c. sent for
Concurrence the 26th October last.
Ordered that Mr Hude do acquaint the House of Assembly
that on the 25th 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 1st
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 Novr 8th 1744.
Present. The Same
Mr Hude reported that he had obeyed the order of this
House of yesterday
A message from the House of Assembly by Mr Cooper and
352
NEW JEESEY COLONIAL DOCUMENTS.
[1744
Mr 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 Esqre and make
report to the House and that Mr Cooper & Mr 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 Esqr and
to make report thereof to the House.
Ordered that Mr 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 be1 committed.
Then the House continued to
Friday Novr 9th 1744.
Present
John Reading \ -p, „ Richard Smith \ ™ r
John Rodman J Edward Antill /
James Hude Esqr
Mr Smith acquainted the House that he had obeyed their
order of yesterday.
The House continued to
Saturday Novr 10, 1744
Present. The same
The House continued to
1744] JOURNAL OP THE PROVINCIAL COUNCIL. 353
Monday Novr 12, 1744.
Present
John Reading ^ Rob* H. Morris ~\
John Rodman V Esqrs Edward Antill VEsqrs
Richd 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 Sung2 Bastian kes Johan Christ Smith Junr,
Fielliep Snieder Hendrick Winter, Johann Diel berg Adam
Diets3 Hendrick Diets3 Mathias Trimmer & Mathias Sharpen-
stin was read a third Time and on the Question
Resolved that the said Bill do pass
Ordered that Mr Speaker do sign the same
Ordered that Mr 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, l£k. 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
Mr Mott one of the Members of the House of Assembly
by order of his Excellency laid the following Letter directed
to him and Mr Vanbuskirk before the House.
Mr Mott & Mr 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 Noveni1 10th 1744.
And accordingly the House continued to Wednesday the
14th Instant to meet at Trenton
Wednesday the 14th Novr 1744.
The House met at Trenton
Present
The Honbla John Reading 1 Rob' H. Morris 1 Eg „
John Rodman / Edward Antill /
James Hude Esqr
Mr 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 Novr 1744
The House met. Present
John Reading 1 E rs Rob* H. Morris 1 Eg ,s
John Rodman j Edward Antill /
James Hude Esqr
A Message from the House of Assembly by Mr Eaton &
Mr 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 Governr 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 Esqr Captain General &
Govr 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 sd Colony in General Assembly met.
May it please your Excellency.
The occasion we have at this Time of addressing yur Excel-
lency is upon the Account of a Complaint made to this House
on the 25th 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 Mr Speaker by
Order of the House demanded of the party complaining, who
they complained against were, by Name they answered,
John Philips, Benjn Rounsaval, Thomas Cadwallader, Nath-
aniel Ware, Thop8 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 Mr 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 wch
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
Notes1 & 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 Novr 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 Mr Rodman Do carry the said Bill with the
amendm* to the House of Assembly for their Concurrence
Ordered that Mr Morris do acquaint the House of Assem-
bly in answer to their Message of the 15th 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-
friars1 &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 2d Ins* rejected by a Vote of this House.
Ordered that Mr 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 )
Mr 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.
Mr Morris reported that according to the order of Fry day
last He had delivered the message to the House of Assembly.
Mr Rodman acquainted the House that on Friday last Mr
Demarest and Mr 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 Mr Rodman do carry the said Bill to the
House of Assembly and acquaint them that this House
adheres to their amendment.
Mr Rodman acquainted the House that on Friday last
Mr Demarest and Mr 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 Mr Rodman acquaint the House of Assem-
bly therewith
Mr 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.
Mr 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
Esqr 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 Warru 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 Mr
John Reading from the sd Committee do make the following
Report to the House, contained in the following account.
Dr John Allen Esqr Treasurer of the Western Division
of the Province of New Jersey.
Cr
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 sd Settle-
ment from the Es- •
tate of James Trent
and since received by
said Treasurer ......... 34 „ 0 „ 0
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
0
0
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 , 0 „ 0
Salem 510, 8,,0
Hunterdon 256, 0,,0
Cape May 106, 16 „ 0
1611,, 4,, 0
£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,, 0
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 Mr John Read-
ing from the said Committees do make Ihe following report
to the House, contained in the following accompt.
Dr Andrew Johnston Esqr Treasurer of the Eastern Cr
Division of the Province of New Jersey
Support of Government
To Sundry messages1
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 sd 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,, 0
43 „ 18 „ 51 By Sundry Deficien-
18,, 3,, 0 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,, 0
1909 ,,16,, 0
£6428,, 9,, 5}
£6428,, 9,, 5i
9,,HM 0
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 Mr 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 „ 0 is £926 „ 5 „ 0
Gloucester 214,, 7,, 6,, 643,, 2,,6
Salem 360 „ 5 „ 0 „ 1080 „ 15 „ 0
Cape May 78,, 0,,0,, 234,, 0,,0
Hunterdon 185,, 0,,0,, 555,, 2,, 6
Total £3439 „ 2 „ 6
That John Allen Esqr 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 „ 0
By which it appears that
Gloucester is deficient £34 „ 10 „ 0
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 „ 0 „ 0
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 „ 0
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 21st Novemr 1744
Present — as before
Mr Cooper and Mr 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 22d Novr 1744
Present
John Reading 1 E rs Richard Antill 1 E
John Rodman / Edward Antill /
James Hude Esqrs
Ordered that the reingrossed Bill Entitled An Act to
discourage1 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 27th 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 27th Instant for hearing the partys
accordingly by serving them with a copy of this order.
Then the House continued till
Friday 23d Novr 1744
Present — as before
Mr 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 sdl
Amendm4
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 Mr 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
Mr 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 22d 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 Mr Speaker
resumed the Chair, and Mr 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 notwthstanding several of
those Bills so rejected, were as the Committee conceived
essentially necessary for the purposes aforesd 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, wth 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 Novr 1744
Present
John Reading ^
Richard Smith >Esq"
Edward Antill j
John Rodman ^
Rob' H.Morris VEsqr
James Hude ) .
Mr Demarest and Mr 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 Mr 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 21st 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 28th Novr 1744.
Present
John Reading ~| Rob* H. Morris ^
John Rodman VEsq" Edwd Antill VEsq"
Richd Smith J James Hude J
The Inhabitants of Trenton and Nottingham attended
according to leave granted yesterday.
Mr Reading acquainted the House that Mr Pearson & Mr
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.
Mr 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 29th Novr 1744
Present
John Reading ^ Rob1 H. Morris ^
John Rodman VEsq" Edwd 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 Mr
Rodman & Mr 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 30th Novr 1744
Present
John Reading "I -p rs Richard Smith 1 -p „
John Rodman / Rob' H. Morris f
James Hude Esqr
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 22d
" 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 Mr Smith do carry the same to the House of
Assembly
Then the House continued 'till
t Tuesday 4th December 1744.
Present
John Reading \ p TS Rob1 Hunter Morris 1 ™ „
Richard Smith j Edward Antill /
James Hude Esqr
The House proceeded to the further Consideration of the
Votes and resolutions of the House of Assembly of the 22d
Novr 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 Mr Morris and Mr Antill be a Committee to
prepare a Representation accordingly
Then the House continued 'till
1744] JOURNAL OF THE PROVINCIAL COUNCIL. 377
Wednesday 5th Decr 1744
Present — as above
A Message from the House of Assembly by Mr Pearson
and Mr 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 Mr Young &
Mr Vrieland in answer to a message from the Council on the
30th Novr last was read and is as follows.
Gentlemen.
Upon considering the Resolutions of your Honourable
House communicated by your message of the 30th 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 6th December 1744
Present. As before
Ordered that Mr 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 Novr 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
Mr Hude reported that he had obeyed the Order of this
House of this Morning,
the House continued till
Friday Dec1 7th 1744.
Present. As before
A Message from the House of Assembly by Mr Hude and'
Mr 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 Mr Morris and Mr 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 8th Dec1 1744
Present — as before
Mr Morris and Mr 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 Honbl» 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 Esqr 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 ye 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 Letters2 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 ye 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 applyd 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 ye 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 ye 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, 1st 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
2ndly 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
passd 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
wth 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 ye 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 Majfcy 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 wth the Laws) as they may : But
this Negative, or Voting or whatever else yu 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
Mr 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 Courses2 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 2th
and 13th 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 10th day of April 1745
Present f John Hamilton I Richard Smith "I ™ „
\ John Radman1 / Rob' Hunter Morris j
Mr 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 13th 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 23d April 1745
Present as before.
Mr Smith acquainted the House that on the 18th of April
Instant Mr Crane and Mr 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 1st day of May
1745
!John Hamilton Rob1 H. Morris^
John Radman vEsq™
Richard Smith Edward Antill J
Mr Hamilton acquainted the House that Mr Crane & Mr
Spicer on the 30tu 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 30th Ordered that Mr Crane and Mr 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 18th instant Tho" Bartow Clk
Mr Cooper and Mr 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 2d day of May
1745
{John Hamilton Rob' H. Morris ^
John Radman VE-qrs
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 Esqr 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 Esqr 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 be1 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 yor 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 Excelloy 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 the1 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.
Mr 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 2d That they did
" not think themselves accountable for that Opinion ; And 3d
" That it was not Consistent wth 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 Blank1 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 2d 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.
3d 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.
2d That all Bills of Credit, now subsisting, shall be sunk
and destroyed, according to the Tenor of the Acts, &' that
made them.
3d 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.
4th 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.
5th 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.
6th 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.
7th 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.
8th 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
2d and 3d 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, rather1 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 29th 1745
The House met
( John Reading Edwd Antill ^
Present The Honble<J James Alexander VEsq"
(. Rob* Hr Morris James Hude J
Mr Reading Acquainted the House that Mr Eaton and Mr
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
Mr 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.
2dly 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.
3dly 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 24th of February 1738 and the 5th
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 Mr 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.
Mr Speaker and Gentlemen of the Assembly.
I Received your Message of the 27th 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 Mr 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. Mr 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 29th of May and
tho' you had on the 27th 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 30th 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 28th 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 25th 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-
mte 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 Warren1
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 13th 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 24th August 1745
Present as before
i
Mr Reading acquainted the House that on the 23d instant
Mr Eaton & Mr 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 23d 1745 Ordered that Mr Eaton and Mr 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 24th 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 Octr 3d 1745
Present
John Rodman ")
Richd Smith
Rob H Morris f Es<*r°
Edward Antill j
The House Continued till Tuesday Octr 8, 1745
The House Continued till Wednesday Octr 9°
rJohn Hamilton "| Richd Smith ~|
the Double } John Readin£ fRobt H- Morris f Esquires
" (.John Rodman ) Edwd Antill )
Letters from James Alexander & Ja" Hude Esq™ were read
giving Sufficient reasons for their Nou Attendance at this
Time. Mr Antill acquainted the House that on the 8th in-
stant Mr Lawrence & Doughty had DeliverM to him a Mes-
sage from the House of Assembly, wch 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
Octr 8th 1745 Order'd that Mr Lawrence & Mr 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 11th of Octr 1745
c John Hamilton Richard Smith ^
Pruenui \ John Reading Rob4 H. Morris VEsq"
the Hofible I T , ^ •• ^ -• i A 4-n (
I John Rodman Edward Antill )
The House according to the Order of the 9th instant took
into their further Consideration the House of Assemblys Mes-
sage of the 8th 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 8th instant by Mr
Lawrence & Mr 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 Mr Rodman do Carry the above Message to
the House of Assembly.
The House Continued to Saturday the 12th of Octr 1745
Present as above
Mr Rodman Reported that he had Obeyed the Order of
Yesterday
The House Continued till Tuesday the 15th
Present as above except Mr Smith
Thursday the 17th of Octr 1745
{John Hamilton Rob* Hunter Morris ^
John Reading >Esqrs
John Rodman Edward Antill
Friday the 18th
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 4th day of June 1746.1
Present
The Honble John Hamilton Esqr 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 Esqr 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 Castle2 his Majestys Principal Secretary of
State to his Late Excellency bearing date at Whitehall April
9th 1746, Signifying his Majesty's Pleasure that this Colony
should Raise a number of Men to be Employed in his
Majesty's Service in America.
Also a Letter from His Excellency Governour Shirley to
the sd Late Excellency bearing date at Boston May 27th 1746.
And also a Letter to the President from his Excellency
Governour Clinton bearing date at New York May 31st
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 Esqr 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
Mr 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 Esqr may have Leave
to Resign his t)ffice of Sherriff and advise his Honour to
appoint the sd Joseph Hollinshead Sherriff of the sd County
& City of Burlington in the Room of the sd Thomas Hun-
lock Esqr
And it is Ordered accordingly
At a Council held at Perth Amboy June 11th 1746.
Present
The Honble John Hamilton Esqr 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 sd 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 sd Vessel to Sail, And it is ordered
accordingly
At a Council held at Perth Amboy June 12th 1746.
Present
The Honble John Hamilton Esqr 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 sd 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 18th 1746.
Present
The Honble John Hamilton Esqr 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
Govr Clinton Dated June 16th 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 Expedition1
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 Govr
Clinton's Letter as Related to the Engageing the Indians to
Take part in this Expedition.
At a Council held at Perth Amboy June 19th 1746.
Present
The Honble John Hamilton Esqr 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? Mr Cooper & Mr 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 19th 1746 at two o'Clock in the Afternoon Council Mett
Present
The Honble John Hamilton Esqr 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 28th 1746
Present
The Honble John Hamilton Esqr President
James Alexander \ Richard Smith
John Rodman / Robert H. Morris
Edward Antill
1. A Warrant was Signed to Pay Mr Ham-
ilton two thirds of a Quarter's Salary
as Commander in Chief from 23d June
to 23d 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 23d June to the 23d September
1738.. . 41 „ 13 „ 4
At a Council held at Perth Amboy August 13th 1746.
Present
The Honble John Hamilton Esqr 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 sd 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 sd
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 sd 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 sd 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 sd 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 pr 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 Govr 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 Esqr
Lieuten4 Collonel & John Bedford Esqr 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 sd
Proclamation Relateing to the County of Monmouth had been
Complyed with, Who attending accordingly Informed his
Honour & the Board that Pursuant to the sd Proclamation on
the 28th & 30th 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 sd advice Order that a proper Beacon be Erected upon
the sd 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 sd 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 sd Beacon and if he Judges the &d Ships to be
Enemys he is then to Order the sd Beacon to be Fired, and is
to Send immediate Notice to You or to one of the Field
Officers of the Regiment of the sd 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 Govr 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.
Mr 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 Govr of New York to Provide for the Sd Company
upon the New York Establishment & for that Purpose should
Send the sd Hart with proper Letters to his sd 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 sd
Company should be Subsisted at 9d procl. pr Man pr Day,
And have Ten Pounds Given them to Induce them to Con-
tinue together till sd Harts Return, And as they Conceiv'd it
would be greatly for his Majestys Service that the sd 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 Sl Clair upon his Arrival
I do therefore in Pursuance of the sd Advice Order that
you Pay to the Commanding Officer of sd Company for the
Use of the sd Company the Sum of Ten pounds proclamation
Money, And to the sd Commanding Officer for the Subsist-
ance of the sd Company 9d pr man pr Day, till the 27th
Ins* inclusive or until the sd 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 13th
day of August 1746.
JOHN HAMILTON
Mr 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
sd County And this Board haveing Recommended Joseph
Warrel Esqr Attorney General, Charles Read Esqr Secretary
Robert Hude, Samuel Nevill, John Heard, James Thomson,
James Smith Benjamin Doughty, Pontius Stelle, John Nevill,
Nicholas Evertson, William Cheesman junr 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 Honour1
His Honour informed the Board that John Honey man
Esqr 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 sd John Honeyman in the words following
Viz*
By the Honbu John Hamilton Esqr President of his Majesty's
Council & Commander in Chief of the Province of New
Jersey
Whereas his Excellency the Honble George Clinton by his
Warrant bearing date the day of June 1746 did appoint
John Honeyman Esqr 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 sd
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 sd 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 sd John Honeyman in this
Service
JOHN HAMILTON
Instructions to John Honeyman Esqr
1st 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
2d 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
3d 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
4th You are by Letter to Informe Me of the Number of
Men You shall Inlist within this Province for his Majesty's
Service.
5th 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 Esqr Presented to the Honourable John
1746] JOURNAL OF GOVERNOR AND COUNCIL. 467
Hamilton Esqr 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 Esqrl have
thought fitt hereby to Signify Our Will and Pleasure to
you, that forthwith upon Receipt hereof You Swear and
admitt him the sd John Coxe to be one of our Council
of that our Province of New Jersey in America in the
Room of John Schuyler Esqr who has Desired Leave to
Resign his Seat in Our sd 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 24th day of September 1745, in the
Nineteenth Year of Our Reign
To Our Trusty & Well beloved
Lewis Morris Esqr 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 sd 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 sd 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 Thos Ramsden Signing, the sd Exem-
plification and that he is a proper Person for Certifying such,
The sd 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 22d 1746.
Present
The Honble John Hamilton Esqr 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 19th 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 Esqr 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 sd 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 Armsr
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 30th 1746.
Present
The Honble John Hamilton Esqr President
Edward Antill James Hude Esq™
John Coxe
His Honour the President Communicated to this Board a
Letter he had Received from his Excellency Govr 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 27th 1746
Present
The Honble John Hamilton Esqr 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 22d 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 2d of this Ins* with the Arms, Ammunition Provisions,
Battows & other necessarys & Sett Sail for Albany on the 3d
of this Instant, And that the other Company was Embarked
at Newark on the 30th of August Last with the several neces-
sarys & sett Sail on the 1st 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 19th 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
Genri 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 Genrl
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 Esqrl 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
13th 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 31st 1746.
Present
The Honble John Hamilton Esqr 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 Mr Smith & Mr 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 1st 1746
Present
The Honble John Hamilton Esqr President
John Reading ) Robert H. Morris \ -& ^
Richard Smith J Edward Antill J
James Hude
«
Mr Smith & Mr 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 11th 1746 agreeable
to His Majestys Writt of Prorogation to 1 Novr 1746
Present.
The Hone John Reading ")
James Alexander
•
Robert Hunter Morris }> Esq™
Edward Antill
James Hude
The House Continued till Thursday June 12th
* Esqr
Present.
The Hone 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 Mr Stelle & Mr 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 Esqr 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 Justly»calculated 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 Mr Alexander Mr Morris and Mr 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 13th
v
Present
The Hone John Reading ")
James Alexander
Robert Hunter Morris }• Escj™
Edward Antill
James Hude
Mr 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 Esqr 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 Mr 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 whom1 he will be pleased to
receive the same.
Mr 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 Hone John Reading "|
James Alexander
Rob' Hunter Morris '}• Esqrs
Edward Antill
James Hude J
The House according to His Honours appointment waited
on his Honour with their Address and being returned Mr
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 14th
Present.
The Hone John Reading ^ Rob' H. Morris ^
James Alexander > Esqrs Edward Antill > Esqrs
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 Mr
Low and Mr 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 Esqr 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 Esqr 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 doafor the public Good, and Honour
and Interest of this Colony.
And then the House of Assembly withdrew.
The House Continued till,
Wednesday June 18th
Present
The Hone John Reading ^ Rob* H. Morris ^
James Alexander I Esqrs Edward Antill V Esq™
John Rodman J James Hude J
The House Continued till
Thursday June 19th
Present.
The Hon* John Reading ^ Rob1 H. Morris ^
James Alexander V Esq™ Edward Antill > Esqrs
John Rodman J James Hude J
The House Continued till
Fryday June 20th
Present
The Hone John Reading ^ Rob' H. Morris -j
James Alexander >Esqr" Edward Antill >Esq™
John Rodman J James Hude J
The House Continued till
Saturday June 218t
Present.
The Hone John Reading ^ Rob* H. Morris ~j
James Alexander > Esqra Edward Antill > Esqrs
John Rodman J James Hude
484 NEW JERSEY COLONIAL DOCUMENTS. [1746
The House Continued till Tuesday June 24th
Present.
The Hon8 James Alexander ~)
John Rodman
Richard Smith '}• Esq"
Rob Hunter Morris j
James Hude.
The House Continued till Wednesday June 25th
Present.
The Hon8 James Alexander ")
John Rodman
Richard Smith I Esqrs
Rob* Hunter Morris j
James Hude J
Mr Nevill and Mr 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 26th 1746.
Present.
The Hone 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"
Mr Low and Mr 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 Honble John Hamilton Esqr 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 27th
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 Hon9 John
486 NEW JERSEY COLONIAL DOCUMENTS. [174G
Hamilton Esqr &c. was read a Second time and Committed to
the Gentlemen of the Council or any three of them.
Mr 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.
Mr 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.
Mr 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 Mr 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 Esqr 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 28th
Present
The Hon6 John Alexander1 Esqr Presid.
James Alexander
John Rodman
Richard Smith }> Esqrs
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
Esqr 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 Newark1 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 23d 1746
Present
The Honble John Reading Esqr Speaker -)
Richard Smith Edward Antill Robert H. Morris ^ Esq"
James Hude John Coxe
Mr Stelle informed the House that Mr 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 22d day of May 1746, And to End the 22d
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 24th The House Mett
Present
The Honble John Reading Esqr 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 sd Bill Ought to be rejected for the follow-
ing Reasons
1st For that in the sd Bill no Sallery is Given to a Gover-
1746] JOURNAL OF THE PROVINCIAL COUNCIL. 491
nour from the 23d of September 1744, to the 21st 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
sd Bill or otherwise Appears to this House for that Omission
2d For that in the sd 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 23d of September 1744, by an Act
Passed in the year 1743, for the Support of the Government
And for Sundry other Defects in the sd Bill
Mr 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 sd Bill be Read the third Time which
was done accordingly
Resolved that the Same do Pass
Ordered that the Speaker do Sign the same
Mr Morris from the President informed the House that it
was his Pleasure They should Continue till Wednesday next
being the 29th Inst, And then to Meet at this Place
And the House Continued accordingly
October 29th The House Mett
Present
The Hon* John Reading Esqr Speaker
Richard Smith \ Edward Antill 1 Eg „
Robert H. Morris / James Hude J
The House Continued to October 30th
The House Mett Present as Yesterday And Continued to
October 31st
492 NEW JERSEY COLONIAL DOCUMENTS. [1746
The House Mett Present as Yesterday And Continued to
November 1"
The House Mett Present
The Honble John Reading Esqr Speaker
Richard Smith Edward Antill \ ™ r8
Robert H. Morris James Hude J
Ordered that Mr 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 24th day of October Last And
that They have no further Business before .Them
Mr 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 8th 1746.
Present
The Honble John Hamilton Esqr President
Robert Hunter Morris James Hude Esq™
John Cox
His Honour the President having received Information
upon Oath that one Thomas Clawson1 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 Esqr 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 sd 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 sd County
& Cause them to be armed & arrayed in a Warlike Manner
& in Case the sd Sherriff & his Deputy or either of them
should be Resisted in Executing the sd Warrant then to Use
that Force to Repell such Resistance.
Ordered that a Sett of Instructions be given to the s4
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 9th 1746.
Present
The Honble John Hamilton Esqr Presid1
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 sd 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 sd 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 sd Sherriffs or those Acting under them are
Resisted in the Execution of the sd 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 sd 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 10th 1746.
Present
The Honble John Hamilton Esqr 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 Mr 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 18th 1746.
Present
The Honble John Hamilton Esqr Presid*
Robert H. Morris Edward Antill Esq™
John Cox
His Honour Communicated to this Board a Letter he had
Received from Peter Schuyler Esqr Colonel of the New
Jersey Regiment at Albany dated the 26th 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 sd 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 Mr
Alexander & Mr 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 7th which he Communicated to this
Board And also Laid before them several Letters wrote by
the sd 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 Gent8 had
drawn up & Sent home to his Majesty's Ministers & Desired
the Board would Look over & Examine the sd 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 sd Letters were Read & the Board took
Time to Consider them & the State of Facts till to MorrcAv,
And ordered that the sd Letter from Mess18 Alexander &
Morris to his Honour should be Entred upon the Minutes
And is as follows
New York January 7th 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 17th 1745/6
The Publication of the Council of Proprietors of March
27th 1746.
Mr Nevil's Speeches to the Assembly in Answer to the
Newark Petitions in Post Boys of May 19th & 26th
Proposeals of the Rioter's Committee to the Assembly which
were Delivered to the Govr with sd Petitions.
Johnston's Affidavit of Delivery of Notice of the Matter
of Ogden's Penult Paragraph of his Letter Printed in sd
Publication Page 9, which Notice was Denyed by sd Pro-
poseals
Letter of June 30th 1746, Of the Council of Proprietors
Complying with sd 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 sd Letter of June 30th
Elisha Parker's Letter of August 29th in Answer to the sd
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 sd Letter
Printed Minutes of the Assembly of the Session beginning
the 25th 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 11th 1746, to June 28th
Inclusive
Copy Minutes of Council Aug* 13th to September 27th
Inclusive
Copys of Warrants from the President to Commissioners of
the Forces dated June 28th & August 22d 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 sd State with a Letter to the Board of
Trade & Annexed to that State the following Vouchers Viz'
Post Boy of February 17th 1745/6
Proprietor's Publication of March 25th 1746.
Mr Nevill's Speeches to the Assembly
Which were all the Vouchers We could Gett ready to Send
Therewith
Herewith you have Copys of the sd State & Letters. We
JA ALEXANDER
ROB' H. MORRIS
Att a Council held at Perth Amboy in the Province of
New Jersey March 19th 1746.
Present
The Honble John Hamilton Esqr 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 Esqr 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 9th Inse
Acquainting him of the Number of Men in the Several
Companys under his Command by Returns made by the
Capt" of sd 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 Captn 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 Captn 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 6th 1747.
Present
The Honble John Hamilton Esqr 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 sd 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 sd Message is in the following words
Viz*
Gentn 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
Parliam1 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
9th 1747.
Present
The Honble John Hamilton Esqr 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 Sd Forces, All of the sd £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 23d 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 sd 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 Curr1 £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 sd 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 25th day of this Ins*
Att a Council held at Perth Amboy in the Province of
New Jersey May 11th 1747.
Present
The Honble John Hamilton Esqr Presid1
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 Capt3 Dagworthy & Leonard of the 30th
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
Govr 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 Excelly Govr 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 sd 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 Esqrs 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 aforesd the sd 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 sd Persons founded on the sd 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 Mr Alexander & Mr 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 sd 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 6th 1747.
Present
The Honour"' John Reading Esqr Speaker
John Rodman 1 James Hude \ -p „
Rob' H. Morris J John Cox /
Mr 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 7th 1747.
Present
The Honourable John Reading Esqr Speaker
John Rodman "I James Hude \ ^ „
Rob1 H. Morris J John Cox /
Mr Heard, & Mr 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
sd 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 Gentn 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 8th 1747.
Present
The Honble John Reading Esqr Speaker
John Rodman \ James Hude 1 ™ ra
Rob'H. Morris j John Cox j
Mr 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 sd 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 sd Bill do pass.
Ordered, that the Speaker Sign the Same.
Ordered, that Mr 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.
Mr 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 9th 1747.
Present
The Honwe John Reading Esqr 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 Honr 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 }• Esqrs
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 here1)
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
by1 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 Mr Alexander, Mr Antill, Mr Hude and Mr
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 Mr 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
Mr 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 22d 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
Mr 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 Mr Hude and Mr
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.
Mr Hude and Mr 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 Spr
Burlington August the 22nd 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 24th August 1747
Present
The Honorable John Rodman John Coxe ^
Richard Smith Peter Kemble
Edward Antill and f EscT
•
James Hude Thomas Leonard }
The House continued till Tuesday 25th 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 Mr Brick and
MT Hopkins.
Ordered that Mr Brick and Mr Hopkins do wait on the
Council and Acquaint them this House have Appointed Mr
Richard Smith, Mr Cooke, Mr Hancock, Mr Emley, Mr Fisher,
Mr Cooper, M* Vanmiddeswart, Mr Spicer and Mr 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
THOS 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 Esqr 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 Mr Reading, Mr Alexander, Mr Rodman,
Mr Hude, and Mr 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 Mr 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 15th of September 1747, Adjourned by Writt, to
the 6th of October 1747, to meet at Burlington.
6th of October 1747, Adjourned by Writt to the 27th of
October 1747, to Meet at Burlington
27th of October 1747, Adjourned by Writt to the 17th of
November 1747, to Meet at Burlington,
Tuesday 17th of November 1747.
The House Met Present
The Honourable John Rodman ^
Richard Smith and V Esq™
Robert Hunter Morris )
The House continued till Wednesday 18th November 1747.
Present
The HonWe James Alexander Robert Hunter Morris ^
John Rodman and > Esqrs
Richard Smith John Coxe
The House continued till Thursday 19th November 1747.
Present
The Honble 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 Mr 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 Mr Hopkins, a Magistrate in
Rhode-Island Government, a Number of Counterfeited Bills
of this Province, which Mr 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, there«is 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 Mr 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 19th 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 Nor 3d 1747 of Mr 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 26th 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 Esqr
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 — reced Novemr 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 Mr Low and others
' reced Sepr 30th 1747.1
N° 10. An original Letter signed by David Ogden for James
Alexander Robert Hunter Morris and himself dated
December 22nd 1744 directed To Mr Francis Spier and
others living at Horseneck.
N°ll. An original Paper signed by David Ogden dated
Decr 22nd 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 Mr Francis Spier Tenant in possession.
N° 13. A Petition or Representation of Garret Durland
with his Affidavit to the truth of it dated Octor 30th
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 6th day of Novr 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 6th of Novr 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 Octr 30th 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 Elenson1 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 23rd day of March 1703— it is Certified to be
a true Coppy from the Original Deed and therewith
Compared by Joseph Bonnel Esqr 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 Mr Theo-
philus Pearson of New Ark a Tract of Land on the
North side of Cause2 Brook Swamp and East side of
the South branch of Pasaeck River dated the 8th 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 Junr 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-
hipaning3 on the West side of the South branch of
Pasaeck River, dated the 31st 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 junr a Tract
in the Province of New Jersey upon a River called
Rachaneack1 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 29th 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 11th of July 1667.
N° 22. A Coppy of a Coppy of the New Ark Indian pur-
chase Dated the 13th 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 Pekerse3 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 Candet4 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 14th of March 1744/5 its Witnessed by Isaac
Vangeesen, Francis Cook, Daniel Taylor and Michael
Vreeland — with Coppy proof by Daniel Taylor before
1Rachawach, or Rahway. 2Steenmetz. 3 Hessel Peterse. * Conflict.
534 NEW JERSEY COLONIAL DOCUMENTS. [1747
Joseph Bonnell on the 8th 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 Esqr November 18th 1745,
not Signed by any Persons its Markt by His Excellency
on the back— reced at Burlington Nov' 3d 1747, of Mr
Candet.
N° 26. Papers purporting to be Coppy of the Grievances set
forth in the Weekly Post boy of Febry 17th 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 15th April 1746 — not Signed by any
person.
N° 27. A Letter from Samuel Nevill to His Excellency
dated October 13th 1747.
N° 28. Coppy of Extract of a Letter from His Grace the
Duke of New-Castle dated May 30th 1747.
N° 29. A letter from Anthony Palmer President of the
Council ofYennsylvania to his Excellency dated October
13th 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 4th of July 1747.
N° 30. Original Affidavit of Elijah Gillett Sherriff of Morris
County dated the 6th of November 1747, of a Riot and
Rescue committed on the 10th of August last.
N°31. Original Affidavits of Isaac Whitehead and Sarah
Whitehead of a Riot Committed on the 23d of Septem-
ber last when the Rioters broke open the Goal of Morris
County and Rescued a Prisoner there Committed both
dated Novr 3d 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 25th
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 28th 1747, and the other Sworn the 5th
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 11th 1747.
N° 38. A letter from Barnes to justice Anderson dated
October the 25th 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 5th of November 1747.
N° 40. A letter from Mr Antill to the Attorney General
Dated October 26th 1747.
N°41. The Examination of Thomas Butner taken before
the Attorney General November 18th 1747.
The House continued till Friday the 20th of November
1747.
Present
The Hontlle 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 21st of November
1747.
Present
The Honble 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 Mr Rodman, Mr Morris and Mr 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 Mr 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 23d of November 1747.
Present
The Honble James Alexander Robert Hunter Morris ^
John Rodman Peter Kemble and > Esqrs
Richard Smith Thomas Leonard J
1747] JOURNAL OF THE PROVINCIAL COUNCIL. 537
The House continued till Tuesday 24th of November 1747.
Present
The Honble James Alexander Robert Hunter Morris •)
John Rodman Peter Kemble and V Esq"
Richard Smith Thomas Leonard J
Mr Secretary Reported that he had Obeyed the Order of
"Saturday
His Excellency by the Secretary laid before this House Mr
Nevill's Respon N° 42.
Ordered that the Secretary do carry the same to the House
of Assembly, and request a Coppy.
Mr 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.
Mr 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 Mr Morris have leave accordingly.
538 NEW JERSEY COLONIAL DOCUMENTS. [1747
The House continued till Wednesday 25th of November
1747.
Present
The Honble 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 Mr Nevill and
Mr Stelle
Ordered that Mr Stelle and Mr 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.
THOS BARTOW Ck of the Assembly.
November 25th 1747.
The House continued till 3 °Clock P. M.
The House met.
Present
The Honbl* James Alexander John Coxe ")
John Rodman Peter Kemble
V Eso
Richard Smith and
Robert Hunter Morris Thomas Leonard J
Mr 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 26th of November 1747.
Present
The Honble James Alexander John Coxe "^
John Rodman Peter Kemble •!
Richard Smith and 71 ,
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 27th of November 1747.
Present
The Honble James Alexander John Coxe "^
John Rodman Peter Kemble
Richard Smith &
Robert Hunter Morris Thomas Leonard J
Mr Reading and Mr Hude who were appointed of the Com-
mittee by the Resolve of the 25th of August last not being in
Town, Resolved that Mr Chief Justice and Mr Kemble be
added to the said Committee.
Ordered that Mr Leonard do Acquaint the House of Assem-
bly, That Mr Reading, Mr Alexander, Mr Rodman, Mr Chief
Justice Mr Hude Mr Coxe and Mr 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
21st of August last was now Read a Second Time and Com-
mitted to the Committee appointed to Conferr &°
Ordered that Mr 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.
N°45. 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 26th November
1747.
The House continued till 3 "clock P. M.
Present
The Honble James Alexander John Coxe ^
Richard Smith Peter Kemble and V Esqr3
Robert Hunter Morris Thomas Leonard J
Mr Leonard Reported that he had Obeyed the Order of
•this Morning
Mr Secretary Reported that he had Obeyed the Order of
this Morning.
Mr Spicer and Mr 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.
Mr Leonard moved for Leave to go Home and to return
on Monday — He had Leave accordingly.
The House continued till Saturday 28th of Novr 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.
N°47. 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 30th of November 1747..
Present
The Honourable James Alexander ^
John Coxe and > Esqrs
Peter Kemble J
Mr Alexander acquainted the House that Mr 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 28th 1747. Ordered that Mr 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
THOS BARTOW Ck of the Assembly
A Message from the House of Assembly by Mr Kearny
and Mr Learning.
Munday November 30th 1747. This being the Day Ap-
pointed by the Council for the Committees of both Houses to
Meet on the free Conference Ordered that Mr Kearny and
Mr 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
THOS BARTOW Ck
The House continued till Tuesday December 1st 1747.
Present
The Honble James Alexander Peter Kemble ^
Richard Smith and V Esqrs
Robert Hunter Morris John Coxe J
Ordered that Mr 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.
Mr Secretary Reported that he had Obeyed the above Order
The House continued till Wednesday December 2nd 1747.
Present
The Honble James Alexander Robert Hunter Morris ^
John Rodman John Coxe and > Esqrs
Richard Smith Peter Kemble .J
Mr Secretary Acquainted the House that he had received
from Mr 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.
Mr 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 Honble James Alexander John Coxe ^
Richard Smith Andrew Johnson > Esqrs
Robert Hunter Morris & Peter Kemble J
The House continued till Thursday December 3d 1747.
Present.
The Honbl8 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 Mr Chief Justice and Mr 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.
Mr Chief Justice and Mr 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 Honble 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 4th 1747.
Present.
The Honble James Alexander Robert Hunter Morris ^
John Rodman Andrew Johnson '
Richard Smith Peter Kemble and j
John,Coxe Thomas Leonard
Ordered that Mr 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. Mr Secretary Reported that he had
Obeyed the above Order.
N° 48. Mr Secretary by His Excellency's Order laid before
this House a Letter from Stephen Hopkins Dated at
Providence September 29th 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 Mr 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 Honble 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 Mr Stelle and Mr
Learning.
Ordered that Mr Stelle and Mr Learning do wait on the
Council and Acquaint them in Answer to their Message by
Mr 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 4th 1747. THO" BARTOAV Ck
The House continued till Saturday December 5th 1747.
Present
The Honble 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 Decr 3d 1747.
To which His Excellency was pleased to make a favourable
Answer.
Mr Learning and Mr 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 7th 1747.
Present.
The Honble James Alexander Andrew Johnson ^
Richard Smith Peter Kemble
> Esors
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 8th 1747.
Present.
The Honble 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 JSTew Jersey, 90S.
1747] JOURNAL OF THE PROVINCIAL COUNCIL. 551
Mr 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 Treason1 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 Brayley2 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
Brayley3 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.
3See 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 9th '1747.
Present
The Honble James Alexander John Coxe ^j
John Rodman Andrew Johnson • rg
Richard Smith Peter Kemble & !
Robert Hunter Morris Thomas Leonard J
Mr Nevill and Mr 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 8th 1747
1747] JOURNAL OF THE PROVINCIAL COUNCIL. 553
The House continued till 3 o'Clock P. M.
Present
The Honble 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 10th 1747.
Present
The Honbla James Alexander John Coxe ""I
John Rodman Andrew Johnson '
Richard Smith Peter Kemble & ( ^*
i
Robert Hunter Morris Thomas Leonard J
Mr Secretary reported that he had Obeyed the order of
Yesterday.
His Excellency having Yesterday communicated to the
Council a letter from David Martin Esqr 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 Decr 6th 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 4th 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 Mr 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 Mr
Chief Justice Mr Coxe and Mr 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 Honble James Alexander John Coxe "|
John Rodman Andrew Johnson !
Richard Smith Peter Kemble & f Es(i"
Robert Hunter Morris Thomas Leonard }
•
Mr Kemble Reported that he had Obeyed the Order of
this Morning.
A Message from the House of Assembly by Mr Learning
and Mr Daniel Smith.
Dec1 10th 1747. Ordered that Mr Learning and Mr Daniel
Smith do wait on the Council and Acquaint them that this
House have appointed Mr Kearny, Mr Cooper, Mr Spicer, Mr
Fisher, Mr Hancock and Mr 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, Ck
1747] JOURNAL OF THE PROVINCIAL COUNCIL. 557
The House continued till Friday December 11th 1747.
Present.
The Honble 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.
Mr Cooper and Mr 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.
Mr 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 Mr Cooper and
Mr Stelle.
Mr 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 Mr Cooper and Mr 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.
Dec1 11th 1747 Tno8 BAETOW Ck
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 (Viz4)
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 Mr 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 12th 1747.
Present
The Honble James Alexander John Coxe ""I
John Rodman Andrew Johnson •
Richard Smith Peter Kemble &
Robert Hunter Morris Thomas Leonard J
Mr 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*)
N°49. 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 15th 1747
Present.
The Honble 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 16th of December
1747.
Present
The Honble 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 Junr
]N0 54. The Deposition of William Morris Junr
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.
Mr Secretary Reported that he had Obeyed the above
Order.
The House continued 'till Thursday December 17th 1747.
Present
The Honble 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 Mr Cooper and
Mr Eatton.
Ordered that Mr Cooper, Mr Eatton, Mr Cook, Mr Spicer,
and Mr. 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 Esqr and make Report to the House and that Mr
Cooper and Mr Eaton do inform the Council thereof and
Desire that House to Appoint a Committee for that purpose.
THO" BARTOW Ck of the Assembly.
Ordered that Mr Rodman Mr Smith and Mr 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 Esqr 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 18th 1747.
Present.
The Honble James Alexander John Coxe ""1
John Rodman Andrew Johnson ! r§
Richard Smith Peter Kemble & j
Robert Hunter Morris Thomas Leonard J
Mr 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 14th 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 8th 1746.
N° 4. Burgeons Brocaws Affidavit concerning breaking
open Somerset Goal by Rioters taken December the 3rd
1746.
N° 5. David Drakes Affidavit concerning the same and
also threatning Mr Nevill dated December the 8th 1746.
N° 6. Francis Hollinsheads Affidavit concerning breaking
open Somerset Goal by the Rioters taken December the
8th 1746.
N° 7. John Bennets Affidavit concerning the same, Same
Date.
N° 8. Elisha Parkers Affidavit about Rioters turning out
Burnets Tenants taken December 18th 1746.
N° 9. Joseph Dalrymples Affidavit concerning the Rioters
going to turn him out of possession of his Lands taken
April 4th 1747.
N°10. Thomas Miller and Thomas M°Donnells Affidavit
concerning the same taken April 15th 1747.
N° 11. Solomon Boyles Affidavit concerning the Rioters
their devices and purposes &° taken 13th May 1747.
N° 12. Solomon Boyle's 2d Affidavit concerning the same
taken June the 1st 1747.
N° 13. Richard Fitzrandolphs Affirmation concerning the
Riot at Amboy breaking open the Goal &° taken July
20th 1747.
N° 14. William Dear and Jarret Walls Affidavit concerning
John Bainbridge his Threatning after the Riot at
Amboy taken July 20th 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 21st 1747.
N° 16. James Thomson and John Stelle's Affidavit concern-
ing the Riot and breaking open the Goal at Amboy
taken July 23d 1747.
N° 17. John Throgmorton's Affidavit concerning Edmund
and John Bainbridges behaviour and Threatnings after
the Riot at Amboy taken August 10th 1747.
N° 18. Abraham Covenhovens Affidavit concerning the
Rioters breaking open Somerset Goal taken December
3d 1746.
N° 19. Barefoot Bransons1
N° 20. Affidavit of James Blains about the Indians at Cran-
berry taken April 9th 1747.
N° 21. William Browns Affidavit concerning the people on
the Society's great Tract Entering into Agreements
Taken May 3d 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 20th 1746.
N° 23. Edward Jeffer's Affidavit concerning the same taken
26th August 1746.
N° 24. Andrew Kelley's Affidavit concerning Threatning
Mr Nevill after breaking the Goal at Amboy Taken
July 20th 1747.
N° 25. Ebenezer Salter's Affidavit concerning Clausen's
Threatning Mr Nevill taken July 20th 1747.
N° 26. Sarah Martins Affidavit concerning the Riot at
Amboy and the Threatning Mr Nevill.
N° 27. James Thompsons Affidavit about Mr Nevills being
Threatned by a Rioter at Amboy Taken July 1 8th 1747.
N° 28. Barefoot Brunsons Affidavit concerning Thomas
Clausen's Behaviour to and Threatening of Mr 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 Esqr Affidavit concerning the same
taken the 8th of December 1746.
The House continued 'till Tuesday the 22nd of December
1747.
Present.
The Honble James Alexander Robert Hunter Morris ")
John Rodman and > Esq™
Richard Smith Thomas Leonard j
Mr Alexander Acquainted the House that Mr Cooper and
Mr 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 23d 1747.
Present
The Honble James Alexander Robert Hunter Morris ^
John Rodman John Coxe and > Esqr"
Richard Smith Thomas Leonard J
Mr Alexander Informed the House that Mr Cooper and
Mr 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.
Mr Nevill and Mr 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 29th of December 1747.
Present.
The Honourable James Alexander ^
John Rodman >Esqrs
Richard Smith J
The House continued 'till Wednesday December 30th 1747.
Present
The Honble James Alexander- Robert Hunter Morris ^
John "Rodman John Coxe and > Esq1*
Richard Smith Andrew Johnson J
The House continued 'till Thursday December 31st 1747.
Present
The Honble 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 Mr Chief Justice be one of the Committee to
Inspect the Treasurers Accounts in the Stead of Mr Leonard
who is absent.
Ordered that Mr 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 Mr 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 1st 1747.
Present
The Honbl* James Alexander Robert Hunter Morris ^
John Rodman and >Esqri
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 Mr 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.
Mr Smith Reported that he had Obeyed the Order of
Yesterday.
M1 Alexander acquainted the House that Mr Daniel Smith
and Mr 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 Mr Daniel Smith and Mr 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 1st 1747. THO' BARTOW Ck
The House continued 'till Saturday January 2d 1747.
Present.
The Honble James Alexander Robert Hunter Morris ^
John Rodman John Coxe and > Esq™
Richard Smith Andrew Johnson )
His Excellency came into the House.
Mr 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 Mr Rodman, Mr Smith, Mr Chief Justice, Mr
Coxe and Mr Johnson be a Committee for that Purpose
and other Gentlemen of this House who shall Attend the
said Committee to have Voices
Mr 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
Mr Coxe moved for leave to bring in a Bill to Punish the
Coiners and Counterfeiters of Foreign Coin and Bills of
Credit.
Ordered that Mr Coxe have leave accordingly.
Mr 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 4th 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 5th 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
! ,-,
Mr 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 &°
Mr 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 6th 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
Mr Fisher and Mr 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 Mr Fisher and
Mr Hancock.
Janry 6th 1747. Ordered that Mr Fisher and Mr 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 Ck
Mr 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 Mr 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.
Mr 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.
Mr 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 Mr Morris and Mr Coxe do wait on His Ex-
cellency with the said request and the said last Paragraph to
the Bill.
Mr 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 Honble James Alexander John Coxe ^
Richard Smith Andrew Johnson
i Esori
Robert Hunter Morris and
James Hude Peter Kemble J
Mr 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 Mr Smith do Acquaint the House of Assem-
bly that the aforesaid Bill passed this House this day.
Mr Johnson Reported that he had Obeyed the Order of this
House of this Morning.
The House continued 'till Thursday January 7th 1747.
574 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Present.
The Honble 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 Esqr 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 19th 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 Mr 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.
Mr 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 Mr 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.
Mr Coxe acquainted the House that Mr Cooper and Mr
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.
Jan17 6th 1747. Ordered that Mr Cooper and Mr 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 Mr Richard Smith, Mr Nevill and Mr Cook and
have Desired Mr 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 Ck
•
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 Mr 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.
2dly 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.
3dly 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.
4thly 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.
5thly 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 Mr Cooper
and Mr 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 Mr Smith do Acquaint the House of Assembly that this
House has Appointed Mr Coxe assisted by Mr 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 8th 1 747.
Present.
The Hon James Alexander James Hude ")
John Rodman John Coxe
Richard Smith Andrew Johnson & [ S(i
Robert Hunter Morris Peter Kemble
Mr Smith repo'rted that he had Obeyed the Order of
Yesterday.
Mr 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 Mr 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.
Mr Low and Mr 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 9th 1747.
Present.
The Hon James Alexander James Hude "^
John Rodman John Coxe
Richard Smith Andrew Johnson & | ^
Robert Hunter Morris Peter Kemble J
Mr 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 11th 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 Facts1 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 and 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 fi j ± RPSforp 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-
N2 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.2A. 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. 2M
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 15th 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 Manner Rescued and
Carryed Away the prisoner Notwithstanding all the Sherriff
and his Officers could Do to prevent it. The Sherriff then
Returned to the Goal in order to secure the other two Prison-
ers, and being Collonel of the Militia he had posted a guard
of thirty men at the goal armed with fire Locks for that
purpose.
It Appears that at 2 o'clock in the Afternoon Great Num-
bers of People came together in a Riotous and Tumultuous
manner in the Town of Newark ; That they paid no
D & E Regard to the Commands of the Magistrates to Dis-
perse, or to the proclamation made to them in the
588 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Kings Name (according to the Statute of the first of George)
but Continued together.
It appears that Collonel Chetwood1 sent two Captains (who
had the Command of the Newark Company's) with
D & E their Drums to the People so Assembled, who accord-
ingly went and Required those Men that belonged to
their Company's to follow the Drums, but none regarded those
Commands.
It appears that one Amos Roberts (a principal Leading
Man among these Common Disturbers) at that time
D & E Mounted his Horse, and Called out, Those who are
upon my List follow me, Which all or the Greatest
part accordingly did, being then about three hundred in
Number,
It appears that the said Roberts and his Accomplices met
and armed as before Came to the Goal in a Violent Manner
and having beat and broke through the Guard and
D & E Struck the Sherriff" several Blows they broke open the
Goal Doors, and took from thence the two Prisoners
above mentioned, and one other Confined for Debt, and then
they Gave out, that if they had Stayed 'till the next Day,
they should have had three times the Number.
Upon this Second Riot the Sheriff and the Justices then
present made a Record thereof on their own View
C. N° 32 against the said Amos Roberts and fifty Seven
& 50 others by Name, Inhabitants of the Counties of
Essex and Morris, and others to them Unknown
to the Number of three hundred at the Least.
On the 4th of March 1745, the late Governor in his Speech
to the then Assembly Informs the Legislature of
M. C. & the Last mentioned Insurrection, and at the same
M. A. time tells them he had done what was Judged
sufficient to put a Stop to so Growing an Evil, but
that it was without the Effect intended ; and therefore Recom-
mended that Matter to their Most Serious Consideration
1 Col. William Chetwood, Sheriff of Essex county.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 589
A Militia Bill was prepared and passed by the Assembly
and sent up to the Council for their Concurrence
M C & who also passed it on the 15th of April 1746 and
M A which wae Soon afterwards assented to and Enacted
by the then Governor But the Council on Consider-
ing that Bill, Conceived that further Remedies were Necessary
to Restor the Peace of this Province and to prevent the like
Mischiefs for the Future ; And therefore, A Bill was Brought
into the Council, Nearly in the Words of the
M C & Statute of Great Britain of the first of George
M A against Riots, Expressing the Difference of the
Occasion thereof, and instead of being perpetual
as in Great Britain proposed it only to be in Force for five
Years ; which Bill was Passed by the Council, and on the
twenty fourth of April 1746, sent down to the Assembly for
their Concurrence.
The Gentlemen of the Council considering that most of the
Persons concern'd in the said Riots were an Ignorant People,
and Greatly Imposed on by a few wicked and Designing Men,
Conceiving that a General Pardon for the said Crimes pass'd
together with the said Riot Act, would be the Easiest and
most effectual Method, to Restore and Secure the Peace of the
Province, And knowing that Mercy to Criminals ought to
flow from the Crown ; Some of them therefore Interceeded
with the then Governor to Grant a General Pardon : which
he seemed Inclinable to do without any other Condition than
that those who should be Entituled to the Benefit thereof,
Should take the Oaths to His Majesty Appointed by the
Laws of New Jersey, and Give their own Single Bonds to be
of the Good Behaviour ; and accordingly the Form of such
an Act of General pardon was drawn, and that draught
approved of by him ; and the Council had reason to believe
he would' have Granted the Same upon the Assembly's passing
a Bill to the Purpose of the said Riot Act, and Requesting
him to extend His Majestys Mercy to the Criminals, which
Draught was also Communicated to Some of the Members of
590 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
the Assembly ; and they were Acquainted with the then Gov-
ernor's said Intention on that head.
On the 26th of April 1746 Mr Nevill (one of
the Gent, of the Assembly to whom the said
New York Draught and Intentions of the then Governor
M°S 26* ° kad ^een Communicated) Moved the House of
1746 at End Assembly that they would be Pleased to Apply
of Mr Ne- to the then Governor, Either by a Short Ad-
vill's speech dress, or Message as they should think proper,
to Extend His Majesty's Mercy by a General
pardon.
On the first of May 1746, the house of Assembly upon the
Second reading of the said Bill for preventing
M. A. Tumults and Riotuous Assemblies, Ordered to [it]
to Lye on the Table, to be Reconsidered at the next
Session, and Ordered it to be printed in their Minutes which
was done Accordingly.
By affidavits taken May 3d & 8th 1746, It appears that the
Infection of the Riots was Spreading into
A. N° 3 & 21. West New Jersey, for that the People Settled
on that hundred thousand Acre Tract in the
County of Hunterdon (belonging to those Proprietors in and
about London Called the West New Jersey Society) within a
Fortnight then last had two Great Meetings, in order to Agree
to Stand by one another in Defence of their Possessions against
the said Proprietors (tho' by the Paper C N° 8 it Appears that
those People do Own the Society's Title to that Tract, and
that they themselves had no pretence of right to the Same.)
That they had Agreed to. a Paper for that purpose and about
Seventy had signed it at their Meeting on the 26th day of
April. That one Article was, that if any person Seated on the
said Tract, Should refuse to Sign that Paper, he should, be
dispossessed by the Rest: and his Improvement sold by them
to the highest Bidder, That sundry People from New Ark
and Elizabeth Town, were Reported to be present at the last
of these Meetings. That about Ten or a Dozen of them were
1 Published in the Appendix to the Elizabethtown Bill in Chancery.
1747-8] JOURNAL OF THE PROVINCIAL, COUNCIL. 591
observed to be riding Continually backwards and forwards to
and from Newark Elizabeth Town and Cohansey, where the
said Society have other Lands and it was believed in order to
Unite all in one Combination.
The late Governor Lewis Morris Esqr having Departed this
Life on the 218t of May 1746, the Government
M. C Devolved upon John Hamilton Esqr who Ap-
M. A. 22 pointed a Meeting of the Assembly, and on the
20th of June 1746 by advice of his Majesty's
Council he made a Speech to them, Setting forth in Strong
Terms the Dangerous Consequence of the proceedings of the
Rioters and the Necessity of the Aid of the Legislature in
that Matter.
By this Deposition it Appears that on the fifth of August
1746 Sundry persons in the County of Bergen to the
A 23. Number of Twelve, Went Armed with Clubbs to the
6 House of one Edward Jeffers in said County, who
was Seated there by Lease from the Proprietors of
the Eastern Division of New Jersey on two hundred Acres
of Land, which he had built and Improved upon, Which
persons So armed threat'ned to Club him out of possession,
unless he Came to some Agreement with Mr Valleau (one of
the Twelve) who pretended Title to the said Land, and the
said Jeffers being Apprehensive that they would Execute
their Threats against him and turn him and his Family out
of Doors, Consented to take a Lease from the said M"
Valleau for one hundred Acres of the said Land, Containing
his House and one half of his Improvements, and without
the Consent of the said Edward (otherwise than by the
Threats aforesaid) She Gave a Lease of the other hundred
Acres) Containing the other half of his Improvements,) to
one John Hollins, (another of the Twelve)
This Deposition Informs that in the Month of September
1746 a Number of Peopte said to be of those Called
A. S. the Newark Rioters had in a forcible Manner turned
out of possession Several People that were Settled on
a Tract of Land in Essex County Called John Burnett's
592 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
2000 Acre tract, and put other People in Possession of the
places they were Settled on, and that Sundry of the People
Guilty of those Riots were Indicted by the Grand Jury of
the County of Essex at the Court which began there on the
fourth Tuesday of September 1746.
On the Ninth of October 1746, President Hamilton Called
the Assembly together at Perth Amboy, and the
M. A. N° next Day sent a Message to them wherein among
4, 25 & 27 other things, he referrs them to his said Speech
of the 28th day of June by which the Consider-
ation of the State of the Province in Relation to the Riots
was Strongly Recommended.
On the Second day of December 1746 a Multitude of
People about one Hundred in Number in a
AN0 19. Violent and Riotous Manner, broke open the
6, 5, 7 & 18 Goal of the County of Somersett and Rescued
from thence one Abraham Anderson who then
there Remained in Custody by Virtue of a Writt which was
Issued out of the Supreme Court of this Province at the Suit
of the Executors of Daniel Coxe Esqr Deceased.
C. N° 50 Most t)f those Rioters were Unknown in Somer-
sett County, So that only five of them were
C N° 32 Indicted for that Crime in April Sessions follow-
ing by the Grand Jury of the County of Somerset
A N° 5 . about thirty of the said Rioters had come from
Essex County back of New ark Some of whom
on their Return being ask'd the Reason why they Proceeded
in that Manner in breaking open Goals &e Answered that
they did not Go headlong, but they had Advisers in what
they Did.
The said Rioters from Essex behind New ark formed a
Design of Coming to Perth Amboy to pull down
A N° 29. the house of Samuel Nevill Esqr one of the Judges
of the Court ofMUommon Pleas for the County of
Middlesex, and one of the Representatives of the Assembly)
if the said Samuel Nevill should refuse to deliver up to
Thomas Clauson certain Bonds wherein the said Clauson stood
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 593
bound to the said Nevill for the Payment of Considerable
Sums of Money ; Which Design some of them were for put-
ting in Execution Immediately But others thought proper to
Deferr it 'till the said Bonds were first Demanded of Mr
Nevill, and if Mr Nevill refused to deliver up the Bonds,
that their Design Should then be put in Execution ; And
Accordingly on the fifth day of December the said Clauson
did Come to the said Mr Nevill and Demanded of him the
Bonds aforesaid, Saying, he would have them, if he died for it.
On the 8th of December 1746 the President Called together
His Majesty's Council, and Laid before them the
M. p. C. Depositions Concerning the Designs against Mr
Nevill; who thereupon Advised his Honour to
Issue his Warrant to the Sherriff of Middlesex to Apprehend
the said Clauson or any persons that Should Assemble them-
selves to Execute their Threats against Mr Nevill, and if
Needful to Raise the Posse of the County, and to Arm and
Array them In a War like Manner, which Warrant was
Accordingly Issued.
The President was Pleased at the Same time by advice of
Council to Issue a Proclamation in His Majesty's
M. p. C. Name, Forbidding all Persons to Join with the
said Rioters or to Aid, Assist, Council, or Receive
them, or any in Combination with them, and Commanding
the Sherriffs of the several Counties within the Province, that
in Case any Number of them should Unlawfully assemble
themselves in any of the Counties to the Disturbance of the
Kings Peace, that they should Raise the Posse of their respec-
tive Counties to Suppress such Unlawful Assemblies.
On the thirtieth day of March 1747 Between the hours of
Ten and Eleven at Night a Multitude of people
A N° 9, 10. to the Number of about thirty Came in a Rio-
tous manner with Clubs to the house of Joseph
Dalrymple in Morris County, and after Demanding the Open-
ing of the Door and Using Several threats they with Force
broke open the said Door, and about twelve of them Entered
38
594 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
therein and Ordered the said Dalrymple & Wife and a Child
about one Year Old to go out of the House ; and upon their
Refusal to Obey, they, the Rioters threatened to Turn them
out by Force, and began so to do, But the Wife of the said
Dalrymple being then big with Child and Near Lying in,
and they being persuaded of the Danger of her Life if they
should do So, they then Desisted from that their Design.
The Wife of the said Dalrymple being in said Condition
after the Terror and Fright She Got by the forcible Entry
and threats aforesaid was So very Ailing and Indisposed as
Scarce not to be Able to keep out of Bed.
By these Depositions it Appears, that on the 8th day of
April 1747 a Multitude of people about thirty
A N° 10, 11. in Number Came armed with Clubs to the
House of the said Joseph Dalrymple and
Broke it open and turned the said Joseph, his Wife and
Child out of the House, and all their Goods, and Delivered
possession of the said House and Land to two of the said
Rioters.1
By these Appear Designs formed by the same Rioters for
tuftring many other People out of possession
A N° 11, 12. by Force; it appears that they had Erected
Courts of Judicature, and Determined Causes
by hearing one Side ; but intended for the future to hear both
Sides ; but Intended for the future to hear both Sides that
they had taken upon them to Chuse their Militia Officers.
By these Appears how they buoy themselves up with their
Numbers, friends and Strength, Not only in New Jersey but
in New York, Long Is-land, Pensilvania, and new England ;
and that they were not Afraid of any thing the Government
Can do to them, and give out that from their Numbers, Vio-
lences and unlawful Actions, it's to be inferred, that Surely
they are wronged or oppressed or Else they would never
Rebell against the Laws. By these Appears Information
that the People on the Society's tract had made a firm Agree-
1 The ousting of Dalrymple is very fully described in the affidavit of Solomon
Bayle, of Morris county, printed in N. Y. Col. Docs., VI., 346.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 595
ment to Defend all their Farms there by Mobb ; and that
Maidenhead, and Great Numbers of others had joined in firm
Engagements to Stand by one another to Death tho' they
have No pretence to any Right, but " Possession and Im-
provement," And that they were Resolved Should they be
Opposed by Fire arms, to take up Fire arms to Defend them-
selves ; That they would not Mind Either the Governor or
the King himself, And that the King himself was Unable to
Quell Mobs in England any other way than by Granting
their Desires.
By the Order of President Hamilton the Assembly met at
Perth Amboy on May 6th 1747 when by a Message
M. C. (by advice of Council) he in Very Strong terms
M A Recommended to them the Consideration of the Dis-
tracted State of the Province Occasioned by the many
Riots, and Laid before them the Several Letters and Papers
Concerning them ; to which the Assembly Answered on May
9th as by their Minutes Appears.
By these Appears that John Bainbridge One of the per-
sons Indicted for the Breaking Open of the
A N° 13, Goal of Somerset, was by process Issued out of
14, 15, 16, the Supreme Court taken and Imprisoned in the
17, 24, 25, Goal of the City of Perth Amboy, and that on
26, 27, the 17th of July 1747, a Multitude of People
C N° 5 to the Number of About 200 Came to the Goal
4 in a Riotous Manner, Armed with Clubs in
Order to Break open the Prison and Rescue the said John
Bainbridge ; That the Mayor, the Sherriff and other Magis-
trates Endeavoured to Disswade them ; that the Sherriff read
the proclamation against Riots directed by the Act of 1"
George 1st upon which one of the Rioters knocked him down,
and Gave him a Wound on the head of three Inches Long.
Another of them Struck at the Mayor of the City and then
broke Open the Doors of the Prison and took out the
prisoner and Went off Huzzaing ; That the Magistrates and
Sheriff present Made a Record of the said Riot. By these
it also Appears, that the Rioters Gave out that if they had
596 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
been Shott at, they would have Sent to a party they had Left
out of town and Gott Arms, Ammunition and provisions and
Levelled Amboy with the Ground, and Destroyed the
Authority and drove them into the Sea
By these it Appears that at the Supreme Court which Sat
at Perth Amboy Soon after the said Riot the
C N° 50, 32. Grand [Jury] Indicted upwards of thirty of
these Rioters for high Treason for Levying
war against the King within the Statute of 25th Edd 3d 1, 2,
Agreeable to Lord Cooks1 Exposition 3d Inst : 11, And the
Case of Dammary in the Latter End of Queen Anne's
Reign for Riotously pulling down Doctor Burgesses Meeting-
house.
About the Latter End of July 1747, One John. Fenix being
in Custody in the Goal of Somersett on an Action
C N° 50 of Trespass at the Suit of Andrew Johnston Esqr
about 40 or 50 Men appeared about the Goal
Armed with Clubs &c who broke open the Prison Doors and
Carried off the said John Fenix, but no person knowing any
of those Rioters, no prosecution has been against them.
On the tenth of* August 1747 the Sherriff of Morris County
by Virtue of a Writt of our Lord the King took
C N° 30 and Arrested one James Hampton, who Refused
to Give Bail and upon the Sherriffs conveying him
to the Goal he was besett by a Number of Men (part whereof
are Named) Armed with Clubs who rescued the said Prisoner
out of the Custody of the said Sherriff
His Excellency our Governor having Arrived in this Prov-
ince in the Beginning of August 1747 By His Order
M. A. the Assembly Mett at Burlington on the 20th of
August, Who by his Speech to the Council and
Assembly Strongly Recommended to them the State of this
Province in Relation to the Riots, To which the Council and
Assembly severally Answered as by their Minutes.
On the 23d of September 1747 one James Hampton being
in Custody in the Goal of the County of Morris
C. N° 31. by process on an Indictment of that County Court,
1 Sir Edward Coke.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 597
About thirty Men Armed with Clubs broke Open the said
Goal and Rescued from thence the said James Hampton.
We have been Credibly Informed that two Riots have been
Committed in the County of Essex Since his Excellency's
Arrival ; in the first of which the Goal of that County was
broke Open and a prisoner therein was Rescued by the
Rioters. At the Second Riot that a Private House was broke
Open and a Quantity of Staves was taken by the Riot[er]s
from thence; but we find no Depositions Concerning those
two Riots in the Papers Communicated.
On the 18th of November the General Assembly Mett and
his Excellency made a Speech to the Council and
M C & A. Assembly Strongly Recommending the State of
this Province concerning the Riots to their
Consideration.
On the fourth day of December 1747 One David Brearly
who Stood Indicted for High Treason being taken upon pro-
cess thereon out of the Supreme Court, and in
C N° 50 Custody in the Goal of the County of Hunterdon
51, 52, 53 in the Borrough of Trenton, about Twenty Men
54, 55, 56 Came Armed with Clubs &° to Rescue the said
57, Prisoner from thence, and tho' the High Sherriff
Represented to them that the Prisoner was in his
Custody for high Treason, and that the Rescuing of him
would undoubtedly be high Treason, Yet they proceeded and
did break Open the said Goal and Rescued the said Prisoner.
Amongst those Rioters was one Edmund Bainbridge against
whom the said Sherriff had also process of High Treason
whereon he Arrested him, And Acquainted the Rioters with
the said process, and told them it would be High Treason in
them to Rescue him but Notwithstanding that, they also
Rescued him.
By these it Appears that the Rioters had formed a Design
of Coming to Burlington (Where the several
C. N° 50 Branches of the Legislature are Sitting) in a
51, 52, 53 Body on the 16th day of December; and that
54, 55, 56 Advertizements to give Notice of that Design to
598 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
the Rioters had been Set up in Sundry places requiring their
Attendance for that Purpose.
The Council and Assembly on Notice of that Design in a
free Conference Agreed to make Resolves of
M C & A their Several Houses against it, and to send them
to the Sherriffs of the several Counties (from
and through which the Rioters were likely to Come) to pub-
lish, which was accordingly done, and we have been Credibly
Informed that many of the Rioters were on their Way Com-
ing, but on Notice of said Reselves Returned
Instructions by the Council of New Jersey to the Com-
mittee of that House Appointed to Meet a Committee of the
House of Representatives in a free Conference of Ways and
Means for Suppressing the Riots and present Disorders of
this Colony.
1" It would Seem that the Committee of the Council
should open the Conference, because By their Station they
are Concerned in the Executive, as well as Legislative parus
of the Government, and have personally Examined many of
the Witnesses in the Matter referred to the Committees, and
therefore may be presumed best to know the State of that
matter. But however if the Committee of the Assembly
Can shew better Reason for their Opening the Conference,
then to Agree that they shall, and Should Even their Reasons
be Weak, Yet to Yield in a point which Can be of no great
Moment, Seeing after they have said as they think proper,
the Committee of the Council may then proceed as they
think Proper.
2dly If the opening of the Conference be allowed to the
Committee of the Council, or after the Committee of the
Assembly have done, Then to proceed in this Method.
That it's the Opinion of the Council, (in Order to Enable
the Committees to Judge of and advise in the Matter referred)
That it's Necessary to have a Clear Sight of the Distemper
of this Province, and of the Remedies that have been At-
tempted towards the Cure of it, That for this purpose the
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 599
Council have drawn up a State of Facts in order to form that
Clear Sight, Which offer to be read first Intirely ; and after-
wards Paragraph by Paragraph with the Vouchers referred
to on the Margin, and Deliver a Coppy thereof to the Com-
mittee of the Assembly.
3dly When the State of Facts is made Good by the Vouchers
to the Satisfaction of the Committee of the Assembly. You
may Assure them that the Council will be ready to Assent to
any Measures just and Rational and Consistent with His
Majesty's Authority, and the Laws of England and this
Province for putting an End to the Riots and for Restoring
the Peace of the Province Whether those which were At-
tempted by the Council in April 1746, or any others to be
proposed by the Committee of the Assembly; That the
further Remedies Conceived to be in the Power of the Legis-
lature, here Seem to be to provide proper Acts to Re-establish
his Majesty's Authority, and Give force to the Laws: And to
that End You are to propose, that Some provision may be
made Effectually to Strengthen the hands of his Majesty's
Government within this Province, So that they may be
Enabled to Carry the good and wholesome Laws of the Land
into Execution ; That his Majesty's Faithful Subjects may
Again Enjoy the benefit and protection of them, and Such
other Acts or Laws as may be Judged most proper to prevent
the Like Intestine troubles for for the time to Come.
4th17 You may as Occasion offers, and You think Proper,
Make Some Observations on the Danger that may Attend tbo
Province if those Disturbances are suffered to Continue any
Longer with Impunity, Not only from the Rioters, but from
His Majesty and a Brittish Parliament Upon the Ungrateful
Return We shall make to His Majesty for his Care and pro-
tection of us, by Flying in the face of his Officers, and
publickly and openly Contemning his Lawful Commands
and Authority, You May Observe what a heavy punishment
was like to have been Inflicted by the Brittish Parliament on
the City of Edinburgh for one Single Riot Committed in
600 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
that City in the Case of Porteaus,1 by persons unknown.
You may Observe how that Ireland does now Support about
twenty thousand Armed Men to keep them to their Duty, And
should those Riotings Continue, Can we Expect that this
Province will not be Saddled with such a Number of Soldiers
as may be thought Sufficient to put the Laws in Execution —
Possibly the Necessity of the present heavy War with France
and Spain may Render it improper to Send any Force hither
at this Time (Which the Rioters have Buoyed themselves up
with) Yet we hope Peace will at last Come, and that the Con-
duct of this Province may render it unnecessary to Send any
Force then; but Should it be otherwise, we have Great reason
to believe that not only a Great Force will then be Sent (as
was done in the Case of Bacon's Rebellion in Virginia) but
we have Great Reason to fear and Dread that this Province
will be made a Standing Monument of the Resentment of
His Majesty and the Brittish Parliament, That the other
Colonys may Learn thereby to beware of being Guilty of the
Like undutifulness. And should this happen, which God
Forbid, the hardship will be still the Greater, for that the
punishment will fall mostly upon the Innocent part of the
Province, the people of property and Estates, who must pay
1 The case of Captain Porteous, of the town guard in 1736, who had heen found
guilty of ordering his men to fire upon a mob, that had assailed them while escort-
ing a criminal to the gallows. Although the Queen, in the absence of the King, had
granted him a reprieve, he was seized by the populace and executed. Two smug-
glers—who had violated revenue laws recently extended from England to Scotland,
and who attracted the sympathy rather than the reprehension of the populace — were
tried, convicted, and condemned to death. On a Sabbath while at church, between
two guard soldiers, one of them 'suddenly started up, and sprung upon the soldier at
his side. The other, whose name was Wilson, now seized both the soldiers, and held
them fast till his companion escaped ; and he, in consequence, won praise from the
general population of the city. On the 14th of April, when Wilson was led out to
execution in the Grassmarket, the mob pelted the executioner and the city guard.
John Porteous, the captain of the guard, enraged at the attack, ordered his men to
fire. The guard, in the first instance, fired over the heads of the mob ; but, enjoined
by their angry captain, fired next among them, killing six persons, and dangerously
wounding eleven. Porteous was tried for murder and condemned ; but was
reprieved by the Queen as above, stated. Not a man was ever punished for this mob
violence, and although the House of Lords passed a bill inflicting heavy penalties
on Edinburgh, the bill as it finally became law merely required Edinburgh to pay
the widow of Porteous a pension of £200. The incident is described by Scott in
" The Heart of Midlothian."
1747-8] JOURNAL OF THE PROVINCIAL, COUNCIL. 601
the Taxes to Support those forces; and the Guilty will Escape
the punishment, by having Little or no Estates to be Taxed
gthiy ^s Occasion Offers you may Observe that were We to
believe the Vaunts of the Rioters of their Great Numbers
and Friends in this and other Provinces Appearing in the
State,1 And the Vouchers from Whence its Collected, And
their Numerous threats, The Distemper of this Province
would really be dreadful, and almost beyond any Cure that's
in the power of this Legislature to Apply. But we have
Reason to Believe that these are mere Vaunts given out in
Order to Draw and frighten unwarry and Innocent people
into their Combinations and to Subscribe to them ; That
the Case is 80, may be Inferred from this, that during
most of the time from his Excellency's Arrival in the
Beginning of August to the Meeting of the Legislature
on the Eighteenth of November Last, the Rioters were
Using their Utmost arts and Industry to Draw people
into Signing their Petitions to the Governor, Now before
the Legislature, And the whole Names to them do Appear
not to amount to Hundred of which We See the
petition of the Precinct of Saddle River2 C. N° and all the
Names to it are of one persons hand Writing. The Petition
C N° Multitudes of the Names Annexed to it are of one
persons hand writing. We are Credibly Informed that Mul-
titudes of persons whose Names are to it, are Infants,
Vagrants and persons of no property. We have reason also
to believe that Multitudes of Persons whose Names are to it,
are Innocent well meaning People who had no Intention
thereby of approving of the Riotous proceedings, and Indeed
these Petitions are so formed as no way to Approve thereof,
and to be Almost Unintelligible and without any apparent
Meaning or end, other than to Shew their Interest to Gett so
many hands to an Unintelligible paper of their Drawing, whose
Meaning the Solicitors for Signing Might Explain as they
1 Statement.
-In Bergen county, extending in 1747 to the vicinity of Horseueck. where there
was much dispute about land titles, and also including the Ramapo patent, and the
Ashfleld patent at Preakness.
602 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
thought Most proper to Induce the Sundry persons applied to,
to Sign. And further we have been Credibly Informed that
Scarcely one fourth part of the Names affixed to the said
Petition N° were Signed to it but to Petitions of Different
Tenors, and Taken from them, and affixed to this ; of all
these Matters which do not Appear upon the face of that
Petition and Names Affixed we Doubt not full proof may be
had by Sending for such persons as we have [been] informed
Can prove them on Examination before the Joint Committees.
— when these Subtractions are made, what a small Number
will Appear to Remain of Real Rioters in Respect to 70,000
People which it's Esteemed this Province has — and when it's
Considered that Now for two years past they have been
openly and barefacedly using all arts and threats to Induce
people to enter into and Sign their Combinations, its a
wonder that they have Not in that time, Grown to a Much
Greater bulk than they are Tho' by this it will Appear that
the Distemper of this province is not So Desperate as would
Seem by the Rioters Vaunts and threats, Yet we are far from
thinking it to be so inconsiderable as not to Deserve the
Utmost Care of the Legislature to apply proper and Speedy
Remedies, for as all other Infections if proper Care and
Remedies be Wanting, will of Course Spread and Increase
So will this Distemper of this Province, for even a Small
Number of lawless Men acting at their Sole Will and Pleas-
ure may Soon Subject the whole People of this Province to
them who hope for their protection from the Laws and Gov-
ernment but are Deprived of it by those Daring men, and
their hitherto uninterrupted Successes in their Daring and
Criminal Measures, May Soon Induce them to Set up a
Government of their own over this province as they have
already done over a part of it, And their Successes already in
turning people out of possession ; with the Keeping of Mul-
titudes in Continual fears of being Served in the Same Man-
ner, Must in time weary out the people threat'ned to Submitt
to their Arbitrary Will and Pleasure, which they are not
Ashamed to own they Govern by.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 603
The House continued 'till Tuesday January 12th 1747.
Present
The Honble James Alexander James Hude ^1
John Rodman John Coxe [ .„
Richard Smith Andrew Johnston f
Robert Hunter Morris & Peter Kemble }
The House continued 'till Wednesday January 13th 1747.
Present
The Hon James Alexander James Hude ~)
John Rodman John Coxe [ _, re
Richard Smith Peter Kemble ^
Robert Hunter Morris & Thomas Leonard }
Mr Hancock and Mr Learning brought from the House of
Assembly the Bill Entitled an Act for Erecting the Southern
parts of the County of Salem into a Separate County &c And
Acquainted the House that the House of Assembly have
agreed to the Amendment of this House to that Bill
Mr Kemble from the Committee to whom the Bill En-
tituled An Act for Naturalizing Peter Louderbouch, Cath-
arine, Elizabeth and Barbara his three Daughters was referred,
Reported the Same without Amendment
Ordered that the said Bill be Engrossed.
Mr Leonard from the Committee to whom the Bill En-
tituled An Act the better to prevent the Concealing of Stray
Cattle Horses and Sheep was Referred, 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 on the Question put, whether the said Bill do pass
or Not?
It passed in the Affirmative
Resolved that the same do pass
604 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Ordered that the Speaker do Sign the Same
Ordered that Mr Leonard do Acquaint the House of
Assembly that the said Bill passed this House this day
The House continued 'till Thursday January 14th 1747.
Present
The Hon James Alexander James Hude ")
John Rodman John Coxe •
Richard Smith Peter Kemble
i
Robert Hunter Morris & Thomas Leonard }
The Engrossed Bill Entituled an Act for Naturalizing
Peter Louderbouch, Catharine, Elizabeth, and Barbara his
three Daughters was brought in according to the Order of
Yesterday
Ordered that the said Bill be read the third Time which
was done.
And on the Question whether the said Bill do pass or Not ?
It was Carried in the Affirmative
Resolved that the Same do pass
Ordered that thg Speaker do Sign the Same
Ordered that Mr Kemble do Carry the said Bill to the
House of Assembly for their Concurrence.
Mr Smith from the Committee to whom the Bill Entituled
an Act to oblige the several Sherriffs of this Colony of New
Jersey to give Security &° was Referred Reported the Same
without Amendment to which the House Agreed.
Ordered that the said Bill be read the third Time which
was done.
And on the Question whether the said Bill do pass or Not ?
It passed in the Affirmative.
Resolved that the same do pass.
Ordered that the Speaker Do Sign the Same
Ordered that Mr Smith do Acquaint the House of Assem-
bly that the said Bill passed this House this Day.
The House continued 'till Friday January 15th 1747.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 605
Present
The Honbl9 James Alexander James Hude ^
John Rodman John Coxe • „
Richard Smith Peter Kemble & f ^q"
Robert Hunter Morris Thomas Leonard J
Mr Kemble Reported that he had Obeyed the Order of
Yesterday
Mr Smith Reported that he had obeyed the Order of
Yesterday.
Mr Morris from the Committee to whom 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 referred, Reported that the Com-
mittee had gone through the said Bill to which they had
made several Amendments which he was ready to Report
when the House would please to receive the Same.
Ordered that the Report be made immediately.
Whereupon he read the several Amendments in his place
and delivered the same in at the Table.
Ordered that they be read a Second time
And the Amendments being read a Second time in their
places were Agreed to by the House.
Ordered that the said Bill as Amended be Engrossed.
The House continued 'till Saturday January 16th 1747.
Present
The Honble John Rodman John Coxe ~j
Richard Smith Andrew Johnston '
Robert Hunter Morris Peter Kemble & j
James Hude Thomas Leonard J
A Message from the House of Assembly by Mr Hancock
and Mr Brick
Jaflry 16th 1747 Ordered that Mr Hancock and Mr Brick
do Carry the Bill Entituled an Act for Naturalizing Peter
606 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Londerbouch, Catharine Elizabeth and Barbara his three
Daughters to the Council and Acquaint them that this House
have passed the Same this Day
By Order of the House
THO" BARTOW Cl
Mr Coxe from the Committee to whom 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 and for the better Discover-
ing the Offenders was Referred, Reported that the Committee
had gone thro' the same to which they had made several
Amendments which he was ready to Report when the House
would Please to receive the Same.
Ordered that the Report be made Immediately.
Whereupon he Read the several Amendments in his Place
and Delivered the Same in at the Table.
Ordered that they be Read a Second time.
And the Amendments being Read a Second time in their
Places were Agreed to by the House.
Ordered that the" said Bill as Amended be Engrossed.
The Engrossed Bill Entituled an Act for running and
Ascertaining the Line of Partition and Division betwixt this
Province of New Jersey and Province of New York being
brought in according to the Order of Yesterday.
Ordered that the said Bill be Read the third Time which
was Done.
And on the Question whether the said Bill do pass or Not ?
It was Carried in the Affirmative
Resolved that the same do pass.
Ordered that the Speaker do Sign the Same.
Ordered that Mr Morris do Carry the said Bill to the
House of Assembly for their Concurrence.
The House continued 'till Monday January 18th 1747.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 607
Present
The Honbu James Alexander Andrew Johnston ^
John Rodman Peter Kemble '
Richard Smith antf ^
James Hude 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 fteing Re-ingrossed with the Amendments made
thereto by this House and sent up by the House of Assem-
bly on the thirteenth Instant Ordered that the said Bill be
Compared, which being done Accordingly
Ordered that the Speaker do Sign the Same.
The House continued 'till Tuesday January 19th 1747.
Present
The Honble James Alexander Andrew Johnston "|
John Rodman Peter Kemble •!
Richard Smith and j
James Hude Thomas Leonard j
Mr Leonard from the Committee to whom the Bill En-
tituled An Act to Enable the Legislature to Settle the several
Quotas of the several Counties &c was referred Reported that
the Committee had gone thro' the Same and had made one
Amendment to the Title and several Amendments to the Bill
which he Read in their Places and Delivered the Same in at
the Table.
Ordered that the said Amendments be Read a Second time.
The Amendments being Read a Second time were Agreed
to by the House and Ordered to be Engrossed
Mr Morris from the Committee appointed to join a Com-
mittee of the House of Assembly to Consider in a free Con-
ference of Ways and Means for Suppressing the Riots and
present Disorders in this Colony Reported that the Commit-
tees mett at the Time and Place appointed and had Come to
some Conclusion and Agreement Which he was ready to
608 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Report when the House will please to Receive the same.
Ordered that the Report be made Immediately.
The House continued 'till 3 o'clock, P. M.
Present
The Honble James Alexander Andrew Johnston ^j
John Rodman Peter Kemble
V Esors
Richard Smith and
James Hude Thomas Leonard J
His Excellency came into Council and by the Secretary
having Commanded the Attendance of the House of Assem-
bly, they Attended When his Excellency was pleased to give
His Assent to the Six following Bills (Viz*)
1" An Act to Continue an Act for Better Settling and
Regulating the Militia of this Colony of New Jersey for the
repelling Invasions and Suppressing Insurrections and Re-
bellions.
2d An Act for Erecting the Southern parts of the County
of Salem in New Jersey into a Separate County, and Ascer-
taining the Boundaries of the several Precincts therein.
3d An Act the better to Prevent the Concealing of Stray
Cattle Horses and Sheep.
4th An Act to Impower Sundry of the Inhabitants of the
Counties of Burlington and Gloucester and others to Erect
and Build a Draw or Swinging Bridge over Coopers Creek
in the said County of Gloucester and for Appointing Com-
missioners to lay out a more Direct Road from Burlington
over the said Bridge to Cooper's Ferries.
5th An Act to Oblige the several Sherriffa of this Colony
of New Jersey to give Security take the Oaths or Affirmations
therein Directed for the due Discharge of their Offices and
to prevent their too long Continuance therein
6th An Act for Naturalizing Peter Londerbouch, Catharine,
Elizabeth and Barbara, his three Daughters.
After which His Excellency Spoke to both Houses as
follows : —
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 609
Gentlemen of the Council and of the General Assembly
the Last Post Brought me a Letter from Mr Shirley Gover1
of His Majesty's Province of the massachusetts Bay, with
The Result of Commissioners appointed From that Govern-
ment, New York and Conecticut, Respecting An Expedition
to be undertaken against Crown point, which Letter and the
papers it enclosed, the Secretary will lay Before you — and I
Earnestly Recommend your joining with those Provinces in
this Important Enterprize, which if it pleases god to Succeed,
may in its Consequences Greatly Contribute to the future
Safety, peace and prosperity of this and of all his Majesty's
Provinces in North America And in your Deliberations on
this matter you will find it Requires all possible Dispatch.
Gentlemen I am glad to understand a Committee of his
Majesty's Council and of the House of General Assembly
have met once and again, upon what I Early Recommended
to you of going Into Some Effectual Measures for Suppress-
ing the Tumults Raised by a Number of Rioters, who have
Lately Reported l Their Bold and Daring attempts to throw
of their alleigiance To the King and have treated The whole-
some Laws of the Province with the greatest Contempt, and
if those things still go on, they must soon Subvert the Gov-
ernment and Bring this People into a State of Anarchy and
Confusion, But I hope we shall as one man Be so alarmed, as
to the utmost in our power to Prevent so dredful a Calamity.
I am glad Gentlemen you have agreed in Several Bills for
His Majesty's Service and Intrest, and for the Weal of this
people and to which I have now given my assent. As this
Court2 has Been Setting Nine Weeks at a great Expence I
hope you will with calm[n]ess and unanimity and with all
prudent Dispatch Go through Such Necessary Affairs as may
Still Remain to Be done in your parts and on mine you will
find no delay, that an End may Be put to this Long Sessions
which I depend Would Be acceptable to us all.
. J. BELCHER
1 Repeated.
2 The Governor brought this term from Massachusetts, but could never get our
Legislature to be popularly called the " General Court."
39
610 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
The House adjourned 'till Wednesday Janr 20th 1747.
The House Mett.
Present
The Honble James Alexander James Hude "|
John Rodman Andrew Johnston •'
Richard Smith Peter Kemble
Robert Hunter Morris Thomas Leonard J
The Secretary by the Order of His Excellency Laid Be-
fore the House the papers Referred to in his Speech deliv-
ered Yesterday which were Read Viz1
The agreement of the Commissioners of Massachusetts
New York and Connecticut Governments Dated at New
York The 28th 7br 1747.
The Resolves of the Legislature of the Governments of
Massachusetts Dated October the 30^h 1747.
A Letter from Governour Shirley Dated December 21st
1747 Ordered that Mr Leonard do carry to the House of
Assembly the papers Referred to in his Excellencys Speech
of yesterday and Acquaint them that this House Are Willing
to join with them in Such Measures as may Be Judged Neces-
sary for this Province to take for the Common Defence of
His Majesty's Colonies in this Continent for the annoyance
of His Majestys Enemies and for Securing the Fidelity of
the Six Nations of Indians and their allies to His Majesty
and their Friendship to the English.
The Bill Entituled An Act to Enable the Legislature to
Settle the Quotas &° with the Engrossed Amendments made
thereto was Read A third time and on the Question put
Resolved that the said Bill with the Amendments made to
the Same do pass.
Ordered that the Speaker Sign the Bill and Amendments.
Ordered that Mr Leonard do carry the said Bill with the
amendments to the House of Assembly and Desire their Con-
currence To the amendments
The House continued 'till Thursday Janry 21st 1747.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 611
Present
The Honbl9 James Alexander James Hude ^1
John Rodman John Coxe
Richard Smith Peter Kemble [ Es(lr3
Robert Hunter Morris Thomas Leonard J
Mr Leonard Informed the House that agreable to the
orders of yesterday he had Carried to the House of Assem-
bly the Several Papers Referred to in His Excellency's Last
Speech with the Message from this House Relating to the
Same and also the Bill Entituled An Act to Enable the
Legislature to Settle the Quotas &° with the Amendments
made thereto by this House
Mr Morris Informed the House that in obediance to their
Order of the 16th Instant he had Carry'd to the House of
Assembly For their Concurrence the Bill Entituled An Act
for Running and Ascertaining the Line of Partition & Divi-
sion betwixt this province of New Jersey and the Province
of New York. A Message from the House of Assembly In
the following Words Viz*
Ordered that Mr Stelle and Mr Cooper do Carry The
Bill Entituled An Act to Enable the Legislature To Settle
the Quotas of the Several Counties &° with the Amendments
proposed thereto by the Council and Acquaint The Council
that this House doth agree to the first Amendment Respect-
ing the Title and Disagrees to the Second and third and ad-
heres to the Bill in them1 parts
Janry 21* 1747. THO" BARTOW Ck
The House continued P. M.
Present
The Honble James Alexander John Coxe ^
Richard Smith Peter Kemble & V
James Hude Thomas Leonard J
'Other?
612 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
The Engrossed 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
According to the Order of the 16th of this Instant was
Brought In
Ordered that the said Bill Be Read the third time Which
was done and on the Question put wether the said Bill do
pass or not
It was Carried in the Affirmative
Resolved that the same do pass
Ordered that the Speaker do Sign the Same.
Ordered that Mr Coxe do Carry the said Bill to the House
of Assembly for their Concurrence
The House continued till Friday Janr ye 22d 1747.
Present.
The Honble James Alexander James Hude ")
John Rodman John Coxe
Richard Smith Andrew Johnston ]> Esq™
Robert Hunter Morris Peter Kemble
Thomas Leonard J
Mr Coxe Reported that he had obeyed [the] order of yes-
terday.
The House continued till Saturday Janry ye 23a 1747.
Present
The Honble James Alexander John Coxe "")
John Rodman Andrew Johnston I
Richard Smith Peter Kemble }• Esq™
Robert Hunter Morris and
James Hude Thomas Leonard J
The House continued till Monday Janry ye 25th 1747.
Present
as above
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 613
The House continued till Tuesday Janry ye 26th 1747.
Mr Coxe With Leave brought in a Bill Entituled An Act
For avoiding Actions of Slander and for Stay of proceeding
For Six months in other Civil Actions against the Said
Rioters which Bill was Read the first time and ordered A
Second Reading.
Mr Leonard from the Committee to whom the Bill En-
tituled An Act to Repeal An Act Entituled An Act to En-
courage The Direct Importation of Rum from the British
plantations in the West Indies and of Such Wines &° Re-
ported The same with Several Amendments which he Read
in Their places.
Ordered that the said Amendments be Read A Second
time which was done and agreed to by the house
Ordered that the said Amendments be Engrossed
The House continued till Wednesday Janr 27th 1747.
Present
The Honble James Alexander James Hude ")
John Rodman John Coxe
Richard Smith Andrew Johnston }• Esq"
Robert Hunter Morris Peter Kemble
Thomas Leonard J
The Bill Entituled An Act to Repeal an Act to Encourage
The Direct Importation of Rum from the British plantations
in the west Indies &° with the Engrossed Amendments being
Read A third time
and the Question putt
Resolved that the said Bill as amended do pass.
Ordered that the Speaker do Sign the Same.
Ordered that Mr Leonard do Carry the said Bill With the
amendments to the House of Assembly and Desire Their
Concurrence to said amendments.
The Bill Entituled An Act for avoiding Actions of
Slander and For Stay of Proceeding for Six months in other
Civil Actions against The said Rioters was Read A Second
614 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
time and Committed to the Gentlemen of the Council or any
three of them
Mr Leonard Reported that he had obeyed the above order.
The House continued till Thursday Jan17 28th 1747.
Present
The HonWe James Alexander John Coxe "")
John Rodman Andrew Johnston I
Richard Smith Peter Kemble }• Esqrs
Robert Hunter Morris and
James Hude Thomas Leonard J
Mr Low and Mr Fisher brought up from the House of
Assembly The Bill Entituled an Act to Suspend the Execu-
tion of an Act Entituled 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 Im-
ported from the places of their growth product and manufac-
ture into the Eastern Division of New Jersey Re-Engrossed
with the amendments made thereto By this House.
Ordered that tjje said Re-Engrossed Bill be Compared
which being done
Ordered that the Speaker Do Sign the same.
The House continued till Friday Janr 29th 1747.
Present
The Honble John Reading James Hude ")
James Alexander John Coxe
John Rodman Andrew Johnston )> Esq™
Richard Smith Peter Kemble
Robert H. Morris Thomas Leonard }
Mr Coxe acquainted the House that Mr Nevill and Mr
Stelle from the House of Assembly did yesterday Deliver him
a Bill Entituled an Act for the Better Enabling the Judges
and Justices of this Colony to Ascertain and Tax Bills of
Cost and for making Provision by Law For the payment of
1747-8] JOURNAL, OF THE PROVINCIAL, COUNCIL. 615
the Services of the Several officers of the Colony and for
Preventing the said Officers from Taking Exorbitant Fees,
together with an Order to The said two members to bring
the said Bill to this House which Bill and message he had
Received from Them this House not Setting at the time and
he Delivered the same in at the Table.
The Bill aforesaid was Read the first time and ordered A
Second Reading.
Mr Nevill and Mr Stelle from the House of Assembly
Brought up a Bill Entituled an Act to Revive and Continue
the Process and proceedings Lately Depending in the Court
of Common Pleas for the County of Middlesex which was
Read the first time and Ordered a Second Reading.
Mr Johnston Delivered a petition from the Justices And
Grand Jury of the County of Middlesex Setting Forth that
the Court of Common Pleas for the said County did not open
at amboy on the day appointed For that purpose and praying
the aid of the Legislature in that Case which Petition was
Read
Mr Secretary Laid before the House a Petition from The
Justices and Grand jury of the County of Middlesex Dated
the 19th day of Janr Instant Setting forth Reasons why the
Act for Preserving of Timber in The Eastern Division of
New Jersey &c and the other An Act to Encourage the Direct
Importation of Rum &c Into the said Eastern Division may
not Be Repeated1 Which Petition was 'Read and Referred to
the Committee To whom the first mentioned Bill is committed
The House continued till Saturday Janry 30th 1747.
Present
The Honourable John Reading
James Alexander James Hude
John Rodman and f
Richard Smith . John Coxe J
The Bill Entituled an Act for the Better Enabling the
Judges and Justices of this Colony to ascertain and Tax Bills
1 Repealed.
616 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
of Cost &c was Read a Second time and Committed to the
Gentlemen of the Council or any three of them
The Bill Entituled an Act to Revive and Continue the
Process and Proceedings &° in Middlesex was Read A Second
time and Committed as above
The House continued till Tuesday Febr ye 2d 1747.
Present
The Honbl8 John Reading James Hude ~)
James Alexander John Coxe
John Rodman Andrew Johnston ^ Esq™
Richard Smith and
Robert Hunter Morris Thomas Leonard J
Mr Alexander from the Committee to whom the Bill En-
tituled an Act to Revive and Continue the Process and pro-
ceedings Lately Depending in the Court of Common pleas
for the County of Middlesex was Referred Reported the same
without amendment
Ordered that the said Bill be Read A third time The Bill
Entituled an Act to Revive and Continue The Process and
Proceedings Lately* Depending in The Court of Common
Pleas for the County of Middlesex being Read a third time
And the Question putt Wether the said Bill do 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 Mr Alexander do acquaint the House of
Assembly that the said Bill passed this House this Day.
Mr Alexander from the Committee to whom the Bill En-
tituled An Act for the Better Enabling the Judges and
Justices of this Colony to ascertain and Tax Bills of Costs
and for making Provision by Law for the payment of the
Services of the Several officers of the Colony and For Pre-
venting the said officers from taking Exorbitant Fees was
Referred Reported that the Committee had Gone through the
Same to which they had made An Amendment which he was
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 617
Ready to Report when the House Would be pleased to
Receive the Same.
Ordered that the Report be made immediately
Whereupon he Read the Amendment in his place and
Delivered the same in at the Table.
Ordered that the amendment be Read A Second time And
the amendment being Read a Second time in its place Was
agreed to by the House and ordered to be Engrossed.
The House Continued till Wednesday Febr 3d 1747.
Present
The Honble John .Reading James Hude "^
James Alexander John Coxe
John Rodman Andrew Johnston [ scfa
Richard Smith Thomas Leonard J
Ordered that the Act Entituled an Act for the Better
Enabling &c with the Engrossed amendment thereto Be Read
A third time.
Which being done and the Question putt
Resolved that the said Bill as amended do pass.
Ordered that the Speaker do Sign the same
Ordered that Mr Alexander do Carry the said Bill With
the amendment to the House of Assembly and inform Them
that this House have passed the Same and Disjre Their Con-
currence to the Amendment
The House continued till Thursday Febr 4th 1747.
Present
The Honble James Alexander John Coxe ^j
John Rodman Andrew Johnston !
Richard Smith and f
James Hude Thomas Leonard J
Mr Alexander Reported that he had delivered the message
of Tuesday Last and the Bill and message with which He
was yesterday Charged to the Speaker of the Assembly —
That House not Setting
618 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Mr Leonard from the Committees to whom the Bill En-
tituled 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 &° was Referred Reported The Same with
Several Amendments thereto which he Read in their places
and Delivered the same in at the Table.
Ordered that the said Amendments be Read A Second
Time
And the amendments being Read A Second time In their
places were agreed to by the House and ordered to be Engrossed
A Message from the House of Assembly by Mr Nevill and
Mr Low Febr ye 4th 1747
Ordered that Mr Nevill and Mr Low do Carry The Bill
Entituled an Act for the Better Enabling the Judges and
Justices of this Colony to ascertain and Tax Bills of Cost <fec
to the Council and inform them that this House having
agreed to their amendment and the same being Engrossed in
its place in the Bill have passed The same is1 now Engrossed
THO. BARTOW Ck
Ordered that the said Bill be Compared which Being done
Ordered that the Speaker do Sign the same
The House continued till Friday Febr 5th 1747.
Present
The Honble John Reading James Hude ^
James Alexander John Coxe i n
John Rodman Andrew Johnson r
Richard Smith Thomas Leonard J
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 &c with the Engrossed
Amendments was Read A third time.
And on the Question putt whether the Same Shall pass
or Not.
'As.
1747-8] JOURNAL, OF THE PROVINCIAL COUNCIL. 619
It was Carried in the Affirmative
Resolved that the same so amended do pass.
Ordered that the Speaker do Sign the Same
Ordered that Mr Leonard do Carry the said Bill with The
Amendments to the House of Assembly and inform them
that this House have passed the Same and Desire their Con-
currence to the said Amendments.
The House continued till Saturday Febr 6th 1747.
Present
The Honble John Reading James Hude ^
James Alexander John Coxe
John Rodman Andrew Johnston }> Esqrs
Richard Smith and
Robert Hunter Morris Thomas Leonard J
Mr Mott and Mr Embly from the House of Assembly
brought up the Bill Entituled an Act to vacate A Charter
Granted To the Township of Trenton Hopewell and Maiden-
head In the County of Hunterdon and part of the Township
of Nottingham in the County of Burlington1
Mr Leonard Reported that he had obeyed the order of
Yesterday
The House continued till Monday Febr ye 8th 1747.
Present
The Honble John Reading James Hude ~"|
James Alexander John Coxe
John Rodman Andrew Johnston J> Esqrs
Richard Smith and
Robert Hunter Morris Thomas Leonard J
Mr Kearney and Mr Cooper from the House of Assembly
Brought Back to this House the Bill Entituled An Act for
1 These townships had been incorporated September 6th, 1746, by charter granted
by Governor Morris, as the " borough and town of Trenton." — Liber AAA of Com-
missions, Secretary of State's- Office, Trenton, p. 266. In April, 1750, the members of
the corporation surrendered the charter, "which by experience has been found not
to answer the good and salutary purposes of his late Excellency."— Ib., S06 ; Proceed-
ings N. J. Historical Society, January, 1887, 157-8.
620 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Running and ascertaining the Line of Partition and Division
Betwixt this Province of New Jersey and the Province of
New York with the amendments made Thereto by the House
of Assembly which Being thrice Read were agreed to by the
House and ordered to be Re Engrossed As Amended
The Bill Entituled an Act to Vacate A Charter Granted
To the Townships of Trenton &c was Read the first time and
Ordered A Second Reading
Ordered the Clerk of this House do acquaint Some one of
the Agents or Solicitors for the said Bill that This House
Desires to Be attended on Wednesday next at Ten o'Clock in
the morning With an Authentick Copy of the Charter pro-
posed to be Vacated by the said Bill and also With Some
Precedents of Acts of Parliament which have Vacated
Charters of Incorporation if any Such have been And to
Satisfy this House why the ordinary Methods at Law to
Vacate the said Charter are Departed from in This Case.
The House continued till Tuesday Febr 9th 1747.
Present
The Honble John Reading Robert Hunter Morris ""I
James Alexander James Hude
V ESG r3
John Rodman John Coxe &
Richard Smith Andrew Johnston }
Mr Secretary Reported that he had Communicated the
Order of yesterday to Mr Emley and Mr Mott the members
For the County of Hunterdon who brought up the Bill
Entituled an Act to Vacate a Charter granted to the Town-
ships of Trenton &° to this House that the Latter (having
Read the Copy of the Order) Gave him for Answer that he
Could Not Sand it to Trenton time Enough for the persons
Concerned to attend upon which he informed the said mott
That he doubted Not but a further day would be granted by
This House on application, Mr Mott then Delivered to him
An Authentick Copy of the Charter of the Borough of
Trenton Which he Desired might be Laid Before this House.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 621
Mr Morris from the Committee appointed to join A Com-
mittee of the House of Assembly to inspect the Treasurers
Accounts Reported that the Committees had gone through
The same and was Ready to make Report thereof When
the House would please to Receive the same
Ordered that the Report be made immediately.
The Committees appointed to Examine the Treasurers
Accounts having carefully Examined the Same do Agree
that Robert Hunter Morris Esqr from the said Committees
do make the following Report to the Council Contained in
the following Account.
Dr John Allen Esqr Treasurer of the Western Division Cr
of the Province of New Jersey.
To Arrearages in
Burlington County
as the Same was
Reported at last
Settlement in the
Year 1744 18,
To Sundry Deficien-
cies in the Interest
money of the first
40,000 as was Re-
ported at last Set-
tlement in the year
1744 in the Counties
following Vizt
Burlington..l3 „ 7 „ 2J
Cape May... 4,,7f
8 ,,11
18 „ 11 „ 10
To Balance remain-
ing due in his
Hands at last Set-
tlement in the year
!744 1392 ,,13,, 3
To interest money
payable from the
Western Counties
for the 20,000 in the
Years 1745, 1746, &
1747 Vizt
Burlington £131 „ 16 ., 3
Gloucester 89,, 5,,0
Salem 154,, 5,,6
Hunterdon 73 „ 10 „ 0
Cape May 29 „ 18 „ 6
By a Deficiency at
last Settlement
in the County of
Burlington still un-
paid 18 ,,8 ,,11
By Sundry Deficien-
cies in the Interest
of the first 40,000
still unpaid by the
several Counties
following Vizt
Burlington 13,,7,,2i
Cape May _ 4 ,, 7J
By sundry Warrants
and Receipts pro-
duced and En-
dorsed by Order of
the Committees as
accounted for and
Examined amount-
ing in the whole to
By Cash paid to Capts
Dagworthy and
Ware for Bounty
money
By Subsistance
money paid said
Captains
By Cash paid Ste-
phen Williams and
Joseph Scattergood
two of the Commis-
sioners for Vic-
tualing and Trans-
porting the Forces..
32 „ 0,,9
2381 ,,14,, 6
1200,,
242,,
555,, 3,, 3
622
NEW JERSEY COLONIAL DOCUMENTS. [1747-8
To interest money
payable from the
Western Counties
for the 40,000 in the
years 1745, 1746 and
1747 Vizt
Burlington 624 ,, 12 ,, 6
By a Deficiency in
the Western Com-
missioners hands... 7
Bui lance in the
Treasurers hands... 2176
The said Treasurer
prays allowance for
Exchanging the
sum of £510 „ 0 „ 0 of
Ragged Bills whilst
the Law for allowing
2£ ^ Cent was in force
which the Committees
are of Opinion ought
to be allowed when a
Warrant is pro-
duced for the same
£12,,15,,0
,,19 ,,8
Gloucester 430,, 1,,3
Salem 729 „ 11 „ 6
Cape May 152 „ 8,,0
Hunterdon 365,, 10,, 0
2302,, 3,, 3
To Cash received
from Isaac De Cow
one of the Signers
of the Bills dated
1737 being part of
the £4,000 Ordered
to be Signed for
Victualing the
Forces by Act
passed in 1746 1997 3 6
To Cash repaid to the
said Treasurer ^
his Account by the
Commissioners for
Victualing the
Forces $ Order of
the House of As-
sembly in part 385,, 2,, 5
To a Deficiency of
the Sum Ordered to
£6594 „ 19 „ 10
£6594,,
19 ,,10
To Cash received of
Isaac De Cow one
of the Signers of
the Bills of Credit
made Current by
Act in 1746 lent the
Crown for Arming
and Cloathing the
Forces 5000 , — —
By Cash delivered
the Commissioners
for Arming and
Cloathing the
Forces as by Ac-
count Examined
by the Committees
Appears 4828
, 0,,6
, 18 „ -
, 19 „ 6
By Cash in the hands
of the Western
Commissioners 132 ,
Ballance in the said
Treasurers hands... 171 ,
To Cash Ordered by
the House of As-
sembly to be re-
turned to the said
Treasurer by the
Western Commis-
sioners for Arming
and Cloathing the
Forces (which is
not Yet done) 132 ,,18,,—
£5132 „ 18 „ —
£5132 ,
18 ,,0
1747-8] JOURNAL OF THE PROVINCIAL, COUNCIL. 623
To Bills of Credit remaining in said Treasurers hands as
Keported at last Settlement in 1744 the Sum of £253 „ 8 „ 9£
which said Sum of £253 „ 8 „ 9J The Committees do find to
be part of a Sum which upon the Report of the Committees
of both Houses in 1730, was Ordered to be Exchanged for
Bills dated in 1724 which were to be Cancelled and destroyed,
but the Committees are Informed the Treasurer after some
Time refused to Exchange such Bills by Virtue of that
Order, by means whereof some of those Bills dated in 1724
remain Yet to be Exchanged ; They are therefore humbly of
Opinion, That it would be for the Honour and Credit of the
Province, that Provision be made as soon as Conveniently
may be to Enable the said Treasurer to Exchange such of
the said Bills Dated in 1724, as are still outstanding for the
Bills now Current, And to that End, That publick Notice be
given in the News papers of Philadelphia and New York
that all persons possessed of any of the said Bills are desired
to send them to the aforesaid Treasurer, or to the Treasurer
of the Western Division for the Time being, who shall give
a Receipt for such Bills in Order that he may lay them before
the General Assembly at their next Session to be Examined,
to the End provision may then be made for Exchanging
the same.
By order of the Committees
ROB' H. MORRIS Ch.
Jos: COOPER.
The said Committees being also appointed to Inspect and
Burn the Cancelled Bills of Credit Agree that Robert Hunter
Morris Esqr make the following Report to the Council Viz*
That there should have been cancelled in Bills of Credit
and Brought into the Treasury of the Western Division from
the several Counties therein of the £20,000 in the years 1745
1746 & 1747 and of the £40,000 in the years 1746 and 1747
as follows Viz4
624 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Burlington ...Of the 20,000 in Each Year 308 ,, 15 „ 0 is 926 „ 5 „ 0
of the 40,000 617 „ 10 „ 0 1235 „ 0 „ 0
— : 2161 „ 5 „ 0
Gloucester.. ..of the 20,000 in Each Year 214,, 7 ,, 6 613,, 2,, 6
of the 40,000 428 „ 15 „ 0 857 „ 10 „ 0
A Deficiency reported in 1744 34 „ 10 „ 0
1535 „ 2 „ 6
Salem of the 20,000 in each Year 360 „ 5 ,, 0 1080 ,, 15 „ 0
of the 40,000 720 „ 10 „ 0 1441 „ 10 „ 0
• A Deficiency reported in 1744 47 „ 1 „ 6
2568 „ 16 „ 6
Cape May Of the 20,000 in Each Year 78 ,, 0 „ 0 234 ,, 0 „ 0
Of the 40,000 156 „ 0 „ 0 312 „ 0 „ 0
546,
Hunterdon...0f the 20,000 in Each Year. 185,, 0,,0 555,, 0 „ 0
Of the 40,000 370 „ 0 „ 0 740 „ 0 ., 0
> — 1295
£8106,, 4,,0
That the said Treasurer laid before the Committees 38
Bundles of Cancelled Bills which were Examined and Burnt
by them, and brought into the Treasury from the several
Counties as follows Viz*
Burlington 3 Bundles containing 2161,, 5,,0
Gloucester 7 1535,, 2,, 6
Salem 16 1487 „ 10 „ 0
Cape May 3 546,, 0,,0
Hunterdon 9 • 1292 „ 13 „ 0
By which it appears that Salem
is Deficient 1086 „ 6 „ 6
Hunterdon 2 „ 7 „ 0
7022 „ 10 „ 6
1083 „ 13 „ 6
£8106 „ 4 „ 0
That the said Treasurer also laid before the Committees
one Bundle of Cancelled Ragged and Torn Bills received by
him in Exchange for New Bills which Ragged Bills were
Examined and Burnt by the Committees amounting to
£1311 „ 0 „ 0
By Order of the Committees
ROB* H. MOERIS. Jos : COOPER
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 625
The said Committees do further Agree that Robert Hunter
Morris Esqr from the said Committees do make the following
Report to the Council contained in the following Accounts
Dr. Andrew Johnston Esqr Treasurer of the
Eastern Division of New Jersey.
Cr.
Support of Government
To Sundry Arrearages as the
same was Reported at last
Settlement in 1744 in the fol-
lowing Counties Vizt
Middlesex..l8,,18,,5J
Doinl730...25,, 0,,0
43,,18,,5i
Somerset 18,, 3,,0
To Sundry Deficiencies in the
Interest Money as Pr Report
at sd Settlement Vizt
Bergen 21,, 4..9J
Essex 72,, 6,,5J
Middlesex 39,,12,,7J
: — 62,, 1,, 5J
132,
To the Ballance remaining in
his Hands at last Settlement
in 1744 4026
To Interest money Payable
from the Eastern Counties
for the £20,000 in the years
1745, 1746 and 1747 Vizt
Bergen 86,, 5,,9
Essex 145 „ 1 „ 9
Middlesex 123,, 8,,3
Monmouth 184,, 0,,3
Somerset .... 37 ,,17,
To Interest money payable
from the Eastern Counties
for the £40,000 in the Yeers
1745, 1746 And 1747 Vizt
Bergen 412,, 8,, 6
Essex 688,, 1 ,,6
Middlesex 575 „ 3 „ 6
Monmouth 862,,8,,8
Somerset 191, ,5
To Cash received from Robert
Hude Esqr one of the Sign-
ers of the Bills of Credit
dated in 1737, part of the
£4000 Ordered to be Signed
for Victualing the Forces by
Act Passed in 1746— the Sum
of..... 2000,
576 ,,13,, 6
-2729,, C,, 9
By Sundry Deficiencies still
outstanding in the follow-
ing Counties Vizt
Middlesex 18,, 18 ,,5J
Do in 1730.. 25,,— „-
Somerset 18,,
62,, 1,, 5J
By Sundry Deficiencies in
the Interest money as Re-
ported in 1744 and still
outstanding in the follow-
ing Counties Vizt
Bergen 21,, 4,,9J
Essex 72,, 6,,5j
Middlesex 38 ,,12, ,71
132,
By Sundry Warrants and
other Vouchers Produced
and Endorsed by the Com-
mittees as Accounted for
Amounting in the whole
to 1194,
By paid Bounty
money to Capts
Parker, Stev-
ens and Leon-
ard 1800,, — ,,—
By paid said Cap-
tains Subsist-
ance money.... 808,, 14,, 9
By paid the Com-
missioners Ap-
pointed for
Victualing the
Forces 1442,,12,,H
By paid Messrs
Fisher Eatton
and Stelle
Commission-
ers for the sec-
ond Supply of
Provisions 830,, — ,, —
By paid Messrs
Eatton and
Stelle Comrs
40
626
NEW JERSEY COLONIAL DOCUMENTS. [1747-8
To Cash received from Samuel
Nevill Esqr one of the Sign-
ers of the Bills Struck in
1746, for the Second Supply
of Provisions for the Forces
against Canada 850,, — .
To Ca*h received from Samuel
Nevill Esqr one of the Sign-
ers of the Bills Struck in
1746 for the third Supply of
Provisions for the said
Forces 1000,, — ,
To Cash Repaid to the said
Treasurer by Pontius Stelle
Esqr one of the Commission-
ers for Victualing the said
Forces pursuant to the Order
of the House of Assembly
being the Ballance due from
the Eastern Comissrs 191,,— ,
£11,567 ,,14,
To Cash received of Samuel
Nevill Esqr one of the Sign-
ers of the Bills of Credit
made Current by Act In
1746 lent the Crown for
Arming and Cloathing the
Forces 5000,, — ,,—
To Cash received from «the
Western Treasury by the
hands of Samuel Nevill
Charles Read and John
Low Esqrs Commissioners
for Arming and Cloathing
the Forces 3475,, 0,, 0
To Cash repaid the said Treas-
urer by the Eastern Com-
missioners by Order of the
House of Assembly 99,, 2,, 3
To Sundry Remnants of the
Cloathing &c with which
the said Treasurer chargeth
himself. 121,, 18,, 0"
£8696,, 0,, 3
for the third
supply of Pro-
visions 10CO,, — „ —
401,, 6,,10J
Ballance in the Treasurers
hands 4777 ,,16,, Oi
£11567 ,,14,, 2J
The said Treasurer in his Account
prays Allowance for £476 „ 5 „ 0
paid Subsistance of the five Com-
panies after the day of Muster, which
is Provided for by the Support Bill.
The said Treasurer also laid before
the Committees a Memorandum of
Interest money due from several
Counties still Outstanding Viz*
Bergen £142,, 7,, 0
Essex 236,, 14,, 5
Monmouth 151,, 0,, 2
Somerset (for
which Actions
are commenced
against the
Comissioners)... 404 ,,12,, 9
£934, ,14 ,,4
With which the said Treasurer is
Charged in the above Account
By Cash delivered the Com-
missioners for Arming and
Cloathing the Forces and
Retained in his Hands as
one of them and ac-
counted for by him and
them, as by Account de-
livered in Examined and
allowed of Appears 7750,, 2,, 3
Ballance 945,, 18,,—
£8696,, 0,, 3
By order of the Committees
ROB' H. MORRIS Ch.
Jos : COOPER.
1747-8] JOURNAL OP THE PROVINCIAL, COUNCIL. 627
Mr Johnson from the Committee to whom the Bill Enti-
tuled An Act to prevent Actions of fifteen pounds and under
being Brought into the Supream Court of this Colony Re-
ported The same without Amendment to which the House
agreed. Mr Alexander moved for Leave to Bring in a Bill to
Remitt the penalties on purchasing Lands of the Indians By
persons not authorized.
Ordered that Mr Alexander have Leave accordingly
Mr Alexander according to Leave brought in a Bill En-
tituled An Act to Remitt the pecuniary penalties Incurred by
the past Breaches of the Laws therein mentioned And for
the Better Notice and putting in Execution of the Said Laws
hereafter.
Which Bill was Read the first time and ordered a Second
Reading.
The House continued till 3 o'Clock P. M.
Present
The Honble John Reading James Hude ^
James Alexander John Coxe V Esqrs
Robert Hunter Morris Andrew Johnson J
The Bill Entituled An Act, to prevent Actions of fifteen
pounds and under being Brought into the Supream Court of
this Colony was Read A third time
And on the Question putt Wether the said Bill do pass
or not
It was Carried in the affirmative
Resolved that the said Bill do pass.
Ordered that the Speaker do Sign the same.
Ordered that Mr Johnston do acquaint the House of Assem-
bly that the said Bill has passed this House this Day.
Mr Johnston Reported that he had Obeyed the above Order
Mr Nevill and Mr Stelle from the House of assembly
brought up the Bill Entituled an Act for Punishing the
Coiners and Counterfeiters of forreign Coin &° With Several
628 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
Amendments made thereto by the House of Assembly which
amendments were Read the first Time
The Engrossed Bill with the Amendments Entituled An
Act for Running and Ascertaining the Line of Partition and
Division betwixt this Province of New Jersey and the Pro-
vince of New York was compared
Ordered that the Speaker do Sign the same.
Ordered that Mr Morris do acquaint the House of Assembly
that this House has agreed to the amendments made by them
to the Bill Entituled An Act For Running and Ascertaining
the Line of Partition And Division betwixt this Province of
New Jersey & The Province of New York.
Ordered also that the said Mr Morris do Carry the Said
Bill and Amend mem ts with the Re-Engrossment Thereof to
that House to be Compared and Signed.
The House continued till Wednesday Febr 10th 1747.
Present
The Honble John Reading Robert H. Morris "|
James Alexander James Hude !
John Rodman John Coxe f
Richard Smith Andrew Johnston J
Mr Low and Mr Fisher .from the House of Assembly
brought up the Bill Entituled an Act to Suspend the Execu-
tion of Part of an Act Entituled An Act for Preserving of
Timber for the Eastern Division of the Colony of New
Jersey &c and Acquainted this House that the House of
Assembly had Agreed to the amendments made thereto by
this [House] And Had Re Engrossed the said Bill with the
amendments
Ordered that the said Re Engrossed Bill be Compared
Which being done
Ordered that the Speaker do Sign the Same The House
taking into Consideration the message from the House of
Assembly by Mr Stelle and Mr Cooper on y* 21st Acquainting
this House that the House of Assembly Disagreed To the 2d
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 629
& 3d Amendment made by this House to the Bill Entituled
An Act to Enable the Legislature to Settle the Quotas of the
several Counties &c
And on the Question putt
Resolved that this House adheres to the said amendments
Then the Question being putt wether A Conference Be De-
manded on the Subject matter of the said amendments
It was Carried in the affirmative
Resolved that A Conference be Demanded Accordingly
Ordered that Mr Alexander and Mr Coxe be A Committee
for that purpose.
Ordered that Mr Smith do acquaint the House of Assem-
bly that this House adheres to the Second and Third Amend-
ments made by this House to the Bill Entituled An Act to
Enable the Legislature to Settle the Quotas of the Several
Counties &° and Request A Conference on the Subject matter
of the said amendments And acquaint the House of Assem-
bly that this House have appointed Mr Alexander and M
Coxe to be A Committee to Confer with Such Committee as
The House of Assembly Shall appoint on the said Subject
matter and that the Said Committees do Meet for that pur-
pose at the Widow Honlokes at Five o'Clock this after noon.
The Bill Entituled an Act to Remitt the Pecuniary Pen-
alties incurred by the Past Breaches of Laws Therein men-
tioned and for the Better Notice and Putting in Execution
the said Laws hereafter was Read a Second time and Com-
mitted to the gentlemen of the Council or any three of them
A Message from the House of Assembly by Mr Kearney
and Mr Cooper Febr ye 10th 1747.
Ordered that Mr Kearney and Mr Cooper do Carry The Re
Engrossed Bill Entituled An Act for Running and ascer-
taining The line of Partition and Division Betwixt this
Province of New Jersey and the Province of New York to
the Council and acquaint them that this house Have Com-
pared the said Bill and that Mr Speaker hath Signed the
Same.
THO. BARTOW Ck
630 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
A Message from the House of Assembly by Mr Hancock
& Mr Fisher
Febr 10th 1747 Ordered that Mr Hancock and Mr Fisher
do wait on the Council and Acquaint them that this House
do not agree to a Conference on the Subject matter of the
Second and third amendments of the Council to the Bill
Entituled An Act to Enable the Legislature to Settle the
Quotas &c
THO. BARTOW Ck
Mr Morris Reported that he had Obeyed the order of
Yesterday.
The House continued till Thursday Febr 11th 1747/8
Present
The Honble John Reading James Hude "")
James Alexander John Coxe
Richard Smith and f Es(f
Robert Hunter Morris Andrew Johnston J
Mr Coxe from th*e Committee to whom the Bill Entituled
an Act for avoiding Actions of Slander &' Reported the same
with Several amendments which he Read in their places and
then Delivered it in at the Table which amendments being
twice Read and agreed to by the house
Ordered that the Bill as amended be Engrossed
The House continued till Friday Febr ye 12th 1747/8
Present
The Honble John Reading James Hude ~"|
James Alexander John Coxe
John Rodman and j Es(T
Richard Smith Andrew Johnston J
The Engrossed Bill Entituled a*n Act for avoiding actions
of Slander &° being Brought in.
Ordered that the said Bill be Read a third time which
1747-8] JOURNAL, OF THE PROVINCIAL COUNCIL. 631
Being done and the Question putt whether the said Bill Do
pass or not
It was Carried in the affirmative
Resolved that the same do pass
Ordered that the Speaker do Sign the Same
Ordered that Mr Coxe do Carry the said Bill to the House
of Assembly for their Concurrence
Mr Alexander from the Committee to whom the Bill
Entituled an Act to Remitt the pecuniary penalties Incurred
&c was Referred Reported the same with Several Amend-
ments which he Read in their places And Delivered the same
in at the Table which amendments being twice Read and
agreed to by the House ordered that the Bill as amended be
Engrossed
The Bill Entituled an Act to Remitt the pecuniary pen-
alties Incurred &c being Engrossed and Brought in.
Ordered that the said Bill be Read a third time
Which Being done and the Question putt whether the said
Bill Do pass or Not
It was Carried in the affirmative
Resolved that the said Bill do pass.
Ordered that the Speaker do Sign the Same
Ordered that Mr Coxe do Carry the said Bill to the House
of Assembly for their Concurrence
Mr Rodman from the Committee to whom the Bill En-
tituled An Act for making Current forty thousand pounds
in Bills of Credit was Referred Reported the Same with
Several Amendments which he Read in their places and
Delivered in at the Table.
Which amendments being twice Read and agreed to by
the house
Ordered that the said amendments be Engrossed
The Bill Entituled an Act for making Current forty thou-
sand Pounds in Bills of Credit with the Engrossed Amend-
ments Being Read A third time
And the Question putt wether the said Bill as amended
Do pass or not.
632 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
It was Carried in the affirmative
Resolved that the said Bill as amended do pass
Ordered that the Speaker do Sign the same
Ordered that Mr Rodman do carry the said Bill with the
Amendments to the House of Assembly and acquaint them
That this House has passed the same and Desire their Con-
currence to the said amendments
Mr Coxe Reported that he had obeyed the above order
Mr Rodman Reported that he had obeyed the above order
Mr Secretary Laid before the House a Message from His
Excellency the Governour in the following words
Gentlemen
You have now a Bill under your Consideration Entituled
An Act for Punishing the Coiners and Counterfeiters of
Foreign Coin &° and in which Bill is Comprized a Clause
To pardon persons Guilty before the Publication of this Act
of forging and Counterfeiting any forreign Coin of gold or
Silver passing Current in this province provided Such per-
sons shall Voluntarily Surrender and Deliver Themselves
up and Confess what they Know concerning The same and
further comply witn the Terms of said proviso, I have
thought fitt to acquaint you that it will be well pleasing and
agreable to me that the Bill should pass Into a Law pro-
vided there be Nothing Contained therein That may be Con-
strued to pardon any Species of high Treason
J BELCHER
Burlington Febr 11th 1747
Which being Read
Resolved and ordered that a Proviso be added by Way of
Amendment to the amendment made to the Said Bill by the
House of Assembly that nothing Therein Contained shall Be
Construed or understood To pardon any of the Species of
high Treason which Was done accordingly and the amend-
ment being Engrossed and the Question putt whether the
house Agrees to the amendment of the House of Assembly
As amended
1747-8] JOURNAL OF THE PROVINCIAL, COUNCIL. 633
Resolved that the House do agree to the said Amendment
As amended
Ordered that the Speaker do Sign the same
Ordered that Mr Smith do Carry to the House of Assembly
The Bill Entituled an Act for punishing the Coiners and
•Counterfeiters of forreign Coin &c with the amendment made
thereto by the House of Assembly and acquaint Them that
this House have made one amendment to Their Amendment
and agreed to their amendment So amended.
Ordered also that Mr Smith- do Carry to the House of
Assembly His Excellency's Message Relating to the Sd Bill.
The House continued till 3 o'Clock P. M.
Present
The Honble John Reading James Hude ")
James Alexander John Coxe i
John Rodman and
Richard Smith Andrew Johnston J
A Message from the House of Assembly by Mr Cooper
And Mr Crane
Febr ye 12th 1747 Ordered that Mr Cooper and Mr Crane
Do Carry the Bill Entituled an Act for making Current
Forty thousand pounds in Bills of Credit to the Council
And Acquaint Them that their Amendments being Agreed
to by this House the said Bill Re-Engrossed as Amended is
passed by this House
THO B&RTOW Ck
Ordered that the said Bill be Compared which Being Done
Ordered that the Speaker do Sign the Same
The House continued till Saturday. Febr 13th 1747.
Present
The Honble John Reading Robert H. Morris "|
James Alexander James Hude •
John Rodman John Coxe & ! ^
Richard Smith Thomas Leonard J
634 NEW JERSEY COLONIAL, DOCUMENTS. [1747-8'
The House took into Consideration the Bill Entituled An
Act to Vacate a Charter granted to the Township of Trenton
&c And tho' it appears by the Report of The Secretary made
on Wednesday Last that the Order of this House made on
monday Last was Shewed to Mr Emley and Mr Mott who
Brought up the Bill and tho' it appears that he acquainted
Mr Mott that he Doubted not a further day would Be granted
by this house upon application yet no Person has attended
this house Either to Require Longer time or to Comply with
the Said order of Monday Last by Shewing Precedents of Acts
of Parliament which have Vacated Charters of Incorporation
And as this House cannot Recollect any Such Precedents and
Believes there are None and as the parties Said to be aggrieved
if they have Rece'd Any Injury may apply to the ordinary
methods of the Law For Redress This House are of opinion
that Vacating the Charter by Act is an Extraordinary &
unprecedented Step And tends in its Nature to alter Tryals by
jury and Subvert the Laws of the Land
And the Question was put whether the said Bill Be Read
A Second time
It passed in the Negative
Resolved Nemine Contradicente that the said Bill Be
Rejected
The House continued till 3°Clock P. M
Present
The Honourable John Reading James Hude ^
James Alexander John Coxe & > Esqrs
Richard Smith Thomas Leonard )
Mr Stelle and Mr Hancock from the House of Assembly
Brought up the Bill Bntituled An Act for Suppressing and
Preventing of Riots Tumults & other disorders within this
Colony Which Bill was Read the first time and ordered a
Second Reading
A Message from the House of Assembly by Mr Stelle And
Mr Hancock Febr ye 13th 1747/8.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 635
Ordered that Mr Stelle and Mr Hancock do Carry To the
Council the Bill for Punishing the Coiners and Counterfeiters
of forreign Coin &c with the Amendments &° & Acquaint
them that this House has passed the said Bill Engrossed with
the amendments agreed to by both Houses Also the Bill for
avoiding Actions of Slander & For Stay of Proceedings &°
with the amendments made Thereto by this House and Desire
their Concurrence to the said Amendments
THO. BARTOW Ck
The amendments of the House of Assembly to the Bill
Entituled an Act for avoiding Actions of Slander and For
Stay of proceedings &c being twice Read were Ordered to be
Engrossed
Mr Coxe Reported that the Committee to whom the Mes-
sage from the Assembly to the Council on the 1st day of Janry
Last Sent by Mr Daniel Smith and Mr Hopkins in Answer to
the Councils Message of the 31st December last Requesting
the Several accounts mentioned in y8 Bill For Support of
Government with the Vouchers of the Articles thereof was
Referred having taken the said Message into Consideration
are of opinion that the Council have an undoubted Right
power and authority By Virtue of His Majestys Letters
patent to propose alter or amend a Money Bill of any kind
or Sort Whatsoever but more particularly this Bill to which
The Message has Relation it being only an application of
money already given to His Majesty by former Laws of this
Province And by them expressly Left To the future Disposi-
tion of the Governour Council and General Assembly and
Consequently not two Branches of the Legislature can Dispose
of it without the third and The Committee are also of opinion
that the Council has an Unquestionable Right to have Laid
Before them for their Information and Consideration all
papers accounts and Vouchers that any way Concern or
Relates to any Sums of Money Disposed of or to be paid by
the said Bill or any other Bill whatsoever and in those opin-
636 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
ions the Committees are Strongly Supported & Confirmed by
two Letters From the Lords of Trade the one Dated at white
hall march The 7th 1739 and the other Dated at White Hall
August ye 20th 1741 One of which Letters is already Entered
and the other is proposed to be Entered in the Minutes of
Council
Nevertheless the Committee further taking into Consider-
ation the unhappy Circumstances of this Province and Imagin-
ing that to preserve and Cultivate a good understanding And
agreement so necessary to be kept up between the Several
Branches of the Legislature is the most Likely and Effectual
Way to Restore the peace of the Province do Conceive it
would Be by no Means prudent or Convenient at this Junc-
ture to insist Upon this point Especially Since the Committee
have Reason To Believe from former Experiments of the Like
Kind being made Without Success that it would only lead the
two houses into Disputes which at this time might be very
Prejudicial and Almost fatal to the Interest of this province
The Committee are Therefore further of Opinion that it will
greatly Conduce to the Welfare and happiness of this Colony
to Decline Exerting this Their known Right and Priviledge
till Some more favourable Season And opertunity shall offer
Declaring at the same time that this Their Condesention Shall
not be Brought into a precedent Which Report is agreed to
by the House.
Ordered that an Extract of the Letter Dated the 20th Aug'
Mentioned in the above Report to be Entered in the Minutes
of This House
Whitehall August 20th 1741
Sir
We are Concerned to find that notwithstanding what we
said in Our Last to you which you tell us you Communicated
to the Assembly and notwithstanding all your own Endeav-
ours to the Contrary, they Still persist in their obstanacy of
Refusing to Let the Council Amend money Bills to which
they have an Undoubted Right according to His Majesty's
-Determination Upon A Like dispute in the Island of Jamaica.
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. (337
We Commend Your Zeal in the Steps you have already taken
and must Desire you will on all occasions continue the same
Vigorous opposition to Such unwarrantable Pretensions.
We are your Very Loving Friends And humble Servants
To M BLUDEN
R. PLUMER
The Honourable Lewis Morris Esqr B. BEENE
Governor of New Jersey. JA. BRUDENELL
The House continued till Monday Febr 15th 1747/8.
Present
The Honble John Reading James Hude ^
James Alexander Andrew Johnston i
John Rodman and [ Esc*r£
Richard Smith Thomas Leonard J
The Bill Entituled an Act for Suppressing and preventing
of Riots Tumults and other Disorders within this Colony
was Read A Second time and Committed to the Gentlemen
of the Council Or any three of them.
The Engrossed Bill with the amendments Entituled an Act
for Avoiding Actions of Slander and for Stay of Proceedings
&c Being Compared.
Ordered that the Speaker do Sign the Same
Ordered that Mr Leonard do acquaint the House of Assem-
bly that this house has agreed to the amendments made By
them to the Bill Entituled An Act for avoiding Actions of
Slander and for Stay of Proceedings <&c
Ordered also that Mr Leonard do Carry the said Bill &
Amendments with the Engrossment thereof to that house to
be Compared and Signed.
The House continued till 3°Clock P. M.
Present
The Honble John Reading James Hude "")
James Alexander Andrew Johnston 1
John Rodman and
Rich* Smith Thomas Leonard J
638 NEW JERSEY COLONIA.L, DOCUMENTS. [1747-8
Mr Johnston from the Committee to whom the Bill Enti-
tuled An Act for Suppressing and preventing of Riots
Tumults and other Disorders within this Colony Was Re-
ferred Reported the Same without amendment.
Ordered that the said Bill Be Read a third time which
being done And the Question put whether the said Bill do
pass or not
It was Carried in the Affirmative
Resolved that the same do pass
Ordered that the Speaker do Sign the Same
Ordered that Mr Johnston do acquaint the house of assem-
bly that the above Bill passed this House this Day
Mr Leonard Reported that he had obeyed the above order
Mr Johnston Reported that he had obeyed the above order
The House continued till Tuesday Febr 16th 1747.
Present
The Honble John Reading James Hude ~j
James Alexander John Coxe
John Rodman Andrew Johnston 1 8<1
Richd Smith Thomas Leonard J
Ordered that the Clerk of this house Request from The
House of Assembly the papers from N° 1 to N° 57 inclusive
Numbered by this House and Sent to them.
Mr Nevill and Mr Cooper brought from the house of
Assembly the Bill Entituled an Act for avoiding Actions of
Slander &° With an order in the following words.
Febr 15th 1747 Ordered that Mr Nevill and Mr Cooper do
Carry Back to the Council the Bill Entituled An Act for
avoiding Actions of Slander &c and acquaint them that the
Bill Engrossed With the Amendments hath been Compared
in the House and that Mr Speaker hath Signed khe same
The Bill Entituled an Act for punishing the Coiners and
Counterfeiters of forreign Coin passing Current and the
Counterfeiters of Bills of Credit of this province being Com-
pared
Ordered that the Speaker do Sign the Same
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 639
The House continued till Wednesday Febr 17th 1747
Present
The Honble John Reading James Hude ~)
James Alexander John Coxe
John Rodman Andrew Johnston { ^
Rich* Smith Thomas Leonard J
Mr Secretary Reported that he had Received from the
<?lerk of Assembly all those papers Except N°
pursuant to ye above order.
Mr Hude from the Committee to whom the Bill Entituled
An Act for the Support of Government of His Majesty's
Oolony of New Jersey for one year &c was Referred Reported
The Same without amendment and also farther Reported
That the Committees have with great Concern Observed
that No provision is made by the said Bill for the payment
of the Arrears of the Late Governours Salary from the 23rd
of 7br 1744 To the Day of his Death and that they do find
by the Votes of the Assembly that it was no Accidental
omission but purposely left out but that yet such is the Cir-
cumstances of the province that they thought it would not
be prudent to amend the Bill in that point at this time nor
Reject it for that Defect but humbly propose that it be Re-
solved by This House that the said Arrears of Salary is a
Debt justly due From the province to the Executors of the
said Late Govr Which Report is agreed to by this House.
Resolved that the Arrears of Salary due to the Late Gov-
ernour His Excellency Lewis Morris Esqr from ye 23d of 7br
1744 to the Day of his Death is a debt justly due from this
province payable to His Executors
Ordered that the said Bill be Read a third time which was
Done and the Question put whether the said Bill do pass
or Not
It was Carried in the Affirmative
Resolved that the same do pass
Ordered that the Speaker do Sign the Same
640 NEW JERSEY COLONIAL DOCUMENTS. [1747-&
Ordered that Mr Hude do acquaint the House of Assembly
that the said Bill passed this House this Day without
Amendment
Mr Hude Reported that he had obeyed the above order.
The Secretary from his Excellency laid before this house
a Bill by him passed Entituled an Act to pardon the persons-
Guilty of the Insurrections Riots and Disorders Raised and
Committed in this province
which Bill being once Read is thankfully accepted
Ordered that the Speaker do Sign the Acceptance thereof"
Which Being done the same was Redelivered to the Secretary
to be Carried to the House of Assembly
A Message from the House of Assembly by Mr Cooper
and Mr Spicer
Febry'17, 1747.
Ordered that Mr Cooper and Mr Spicer Wait on the
Council and Inform them that on Inspecting the Treasurer's-
Accte Reported in 1742 it appears that the Sum of two hun-
dred Fifty three pounds Eight Shillings and 6d is charged to-
John Allen Esqr Treasurer of the Western Division included
in the Ballance of his account which sum is part of £4000
Remaining in his hands For Exchanging Bills dated in 1742:
aud is also included in the Subsequent Ballances of his
account altho the said Treasurer is charged at the foot of
Those Subsequent accounts in a Separate article with The said
Sum
THO§ BAETOW Ck
The House continued till 3 "Clock P. M.
Present
The Honble John Reading James Hude ")
James Alexander John Coxe j
John Rodman Andrew Johnston '
Rich* Smith Thomas Leonard J
Mr Stelle and Mr Hopkins from the House of Assembly
brought up the Bill Entituled an Act to Subject Certain
1747-8] JOURNAL OF THE PROVINCIAL, COUNCIL. 641
parcells of Bills of Credit now in the Treasury to the pay-
ment of the Support of Government for the Councils Con-
currence, which Bill was Read the first time and ordered a
Second Reading
The Bill Entituled An Act to Subject Certain parcells of
Bills of Credit &c was Read a Second time and Committed to
the Gentlemen of the Council or any three of them.
The House continued till Thursday Febr 18th 1747/8
Present
The Honwe John Reading
James Alexander John Coxe ^
John Rodman and > Esq™
Richd Smith Thomas Leonard J
Mr Leonard from the Committee to whom the Bill Enti-
tuled An Act to Subject Certain parcells of Bills of Credit
now in The Treasury &c was Referred Reported the same
without Amendment.
Ordered that the said Bill be Read a third time which
Being done And the Question put whether the said Bill Do
pass or Not.
Resolved that the same do pass
Ordered that the Speaker do Sign the Same
Ordered that Mr Leonard Do acquaint the House of Assem-
bly that the said Bill passed this House this day
Mr Leonard Reported that he had obeyed the above order
A Message from the Assembly by Mr Cooper and Mr
Emley
Febr 18th 1747
Ordered that Mr Cooper and Mr Emley do Wait on the
Council and acquaint them that this House have No Business
before them and that if the Council have Likewise None the
House propose to apply to His Excellency To put an End to
the Session
THO. BARTOW Ck
41
642 NEW JERSEY COLONIAL DOCUMENTS. [1747-8
The House continued till 3 "Clock P. M.
Present
[The Same?]
His Excellency came into Council and by the Secretary
Having Commanded the attendance of the House of Repre-
sentatives he was pleased to give his assent to the Following
Bills
An Act for punishing the Coiners and Counterfeiters of
forreign Coin passing Current and the Counterfeiters of Bills
of Credit of this province
An Act for the Suppressing and preventing of Riots
Tumults and other Disorders within this Colony
An Act for the Better Enabling the Judges and Justices
of this Colony to ascertain and Tax Bills of Cost and for
Making provision by Law for the payment of the Services of
the Several officers of the Colony and for preventing The
said Officers from taking exorbitant fees
An Act for avoiding Actions of Slander and for Stay of
proceedings until the, first day of October one thousand Seven
Hundred and forty Eight in other Civil Actions against the
Late Rioters
An Act for making Current Forty thousand pounds in
Bills of Credit.
An Act for Running and ascertaining the Line of parti-
tion And Division betwixt this province and the province of
Newyork
An Act to Revive and Continue the process of proceedings
Lately Depending in the Court of Common pleas for the
County of Middlesex
An Act to prevent Actions of fifteen pounds and under
Being Brought into the Supreme Court of this Colony
An Act to Suspend the Execution of an Act Entituled an
Act to Encourage the Direct Importation of Rum from The
British plantations in the West Indies and of Such Wines as
1747-8] JOURNAL OF THE PROVINCIAL COUNCIL. 643
may Lawfully be Imported from the places of their growth
product and Manufacture into The Eastern Division of New
Jersey
An Act to Suspend the Execution of part of 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 Township of Bergen That Lyes in
Common
An Act to Subject Certain parcells of Bills of Credit now
in the Treasury to the payment of the Support of Govern-
ment and Directing the manner of Sinking The Same
An Act for the Support of the Government of His
Majestys Colony of New Jersey for one year to Commence
the tenth day of August one thousand seven hundred and
forty seven and To End the tenth day of August one thou-
sand seven hundred and forty Eight and to Discharge The
publick Debts and The arrearages and Contingent Charges
thereof.
INDEX.
Absconding Debtors: Bills concerning,
49, 53, 138, 139, 142, 143, 282.
Actor : Benjamin, 97.
Ackerman : David Abramse, 101.
Allen : John, 75, 124, 143, 174, 258, 263, 264,
352, 362, 366, 561, 562, 621.
Alexander: James, 10, 44. — In Council,
81, 108, 109, 112, 206-212, 214-217, 219-
221, 229, 279, 281, 284-288, 290-299, 302-
305, 307-312, 314, 337, 338, 468, 475, 477,
479, 483-485, 487, 506, 512, 516, 617, 525,
535-546, 550, 552, 553, 656, 657, 560, 562,
565-567, 569-571, 573, 574, 579, 582-584,
603-605, 607, 608, 610-620, 627, 628, 630,
633, 634, 637-641.— His non-attendance
at Council referred to, 148.— Of a com-
mittee, 209, 516, 524, 539, 616, 629, 631.—
Moves bills, 211, 212, 286, 627.— Granted
leave of absence, 224, 450.— Requested,
with Mr. Morris, to lay before His
Majesty the state of the Province.
496-199.— Letter signed by, 531.— Pre-
sents paper, 541, 565, 568. — Messenger,
617.
Amonino : An Indian, 532.
Anderson : Abraham, 120, 125, 530, 592.
Anderson : John, 530, 540.
Antill: Edward. 50, 51, 54, 57-59, 99.—
Appointed Member of the Council,
283.— In Council, 283-285-287, 290-299,
302-305, 307-312, 314, 322, 325, 326, 828,
333, 334, 337, 338, 342-349, 351-355, 358,
360, 367-369, 372-374, 376, 377, 380, 381,
409, 410. 437-439, 449-452. 454, 455, 457,
458, 470, 471, 473, 475, 477, 479, 483-485,
487, 489-492, 495, 498, 512, 516, 518, 520.—
Messenger, 288, 291, 304, 308, 348.— Of a
committee, 293, 297, 298, 302, 303, 304,
307, 309, 346, 376, 516.— Recommends a
new Commission of the Peace for
Middlesex county, 464.— Letter from,
535.
Assembly : Speech to, from the Governor,
2-9.— Address from, to the King, thank-
ing him for appointing to this Province
a distinct Governor, 11.— Addresses
of, to the Governor. 16-23, 326, 410-
418, 574. — Message from, to the Council
in regard to a Committee of Confer-
ence on the Support Bill, 50. — Message
of the Council in reply, 61-68. —
Speeches of the Governor to, 79, 200-
204, 315-321, 322-325, 394-408, 431-436,
447-449. — An explanation of a certain
order of, relative to an exchange of
money, demanded by the Governor,
263. — Message of, to the Governor re-
lative to the same, 263-267.— Message
to, relative to the Act for the Support
of Government, 268^279.— Queries pro-
pounded to, touching their minutes,
by the Governor, 312-314. — Message of,
to the Governor, 334.— Report and
resolution relative to the state of the
public affairs of the Colony, 869-372,
374-380.— Address of the Governor to,
in answer to one from, 418-137. — Ad-
dress of to the King, 473, 474.— Ad-
dressed by President Hamilton, 475.—
Address of, to the President, 480.—
Message to, from President Hamilton,
500-502.— Message from, to the Presi-
dent, 503.— Address of, to Governor
Belcher, 521-524.— Speech to, by the
Governor, 526, 608. — Resolution in re-
lation to the presenting of petitions
to, 558, 559.
Assembly : See, also, Bills and Acts.
Assessments, 290-293, 295, 296, 311.
Atly (Attle) : William, 98, 117.
Attornies at law, 295, 296, 303.
Ayers : John, 99.
B.
Bainbridge: Edmund, 530, 531, 540, 564,
597.
Bainbridge: John, 530, 563, 564, 595.
Baldwin : Nehemiah, 587.
Baldwin : Samuel, 530, 533, 586.
Bar Iron : See Iron Works.
Barnes : Samuel, 97.
Bartlet : James, 531.
Bartolf : Jacobus, 101.
Bartow: Thomas. 117, 449, 505, 620, 542,
543, 556, 558, 569, 611, 629, 633, 635, 640,
611.
Bastard children, 207,209, 213, 216, 218, 228.
Bayard : Peter, 104, 117.
Baynton : Peter, 104, 117.— Qualified as a
Member of Council, 129.— In Council,
129, 132, 183, 186. 187, 190, 191, 196, 197,
205-207.— Asks leave of absence, 206.
Belcher: Jonathan, Governor, takes his
seat in the Council, 512.— Addresses
both Houses, 512-516, 526.— Address to,
by the Assembly, 521-524, 574, 608.—
Addressed by the Council, 546-550.—
Addresses the Council, 652.— Claims a
right to be present in Council to hear
the debates, 567.— Reply of, to an ad-
dress from the Assembly, 579. — Mes-
sage from, 632.
646
INDEX.
Bedford : John, 460.
Bellesfelt : Adam. 353.
Bellesfelt : Johan William, 353.
Bellesfelt : Peter, 353.
Benefit of clergy, 207.
Bennet : John, 583.
Berdan, Jr. : John, 101.
Berg: Johann Diel, 3i3.
Bergen County: Officers appointed for,
101.— To prevent waste of timber in,
146, 154, 159, 161, 168.— Sheriff of,
Oliver Schuyler, complained of for
neglect of duty, 187.— Complains of
the great scarcity of grain, 197. — The
King's highway continued from Ber-
gen Point, 212-214, 286, 890, 345, 346-
348. — Bridge over Hackensack river,
284, 286, 398.— Orders to the Colonels
of the regiments of, 462.
Berrien : John, 99.
Berry : John, 101.
Bidal : Jacob, 531.
Bills and Acts : For the building a town-
house and goal in the county of Somer-
set, 16, 29, 30, 33, 79.— For the trial and
punishment of petty larceny under
the value of five shillings, 16, 17, 28,
35, 42, 47, 48, 52, 53, 79.— For settling
the militia. 24, 27, 28, 81, 83. 79 (2d
Bill), 325, 328, 333 (3d Bill), 345, 346,
351, 855, 359, 368, 372, 3% (4th Bill), 408-
410 (5th Bill), 541, 572, 608.— To lay a
duty on shingles, staves and heading
of all sorts, and bolts, ship timber and
ship plank exported out of this Prov-
ince, 24, 27, 30.— To restrain extrava-
gant and excessive interest, 27, 28, 36,
41, 79.— For the frequent meeting and
electing of Representatives, &c., 29,
81, 33, 35, 42.— For laying a duty on
negro, Indian and mulatto slaves, 30,
31, 45, 50 (2d Bill), 343-345^351, 384.—
For regulating taverns, T)rdinaries,
inn-keepers and retailers of strong
liquors, 32-34, 45, 54, 56, 57, 59, 79.— For
raising money for the use of the sev-
eral counties in building and repair-
ing goals, work-houses, court-houses,
&c., and for killing wolves, panthers,
&c., 34, 37, 40. — For the encourage-
ment of trade in the Province, 34. —
To declare how the estate or right of
a feme covert may be conveyed or ex-
tinguished, 34, 44. 45, 47, 51, 52, 54 (2d
Bill), 134-136 (3d Bill), 208, 211, 212, 214
(4th Bill), 249-251 (5th Bill), 282, 285,
286, 295, 296.— For the more speedy re-
covery of small debts, 37, 40 (2d Bill),
135, 136, 154, 161.— For erecting the
upper parts of Hunterdon county into
a new county, 41, 42, 79.— For natural-
izing Peter Tranberg and others, 41-
43, 79.— To oblige the several Sheriffs
to give security, &c., 43, 45, 48, 50, 54,
57, 59 (2d Bill), 136, 137, 141, 144. 150,
155 (3d Bills), '206, 207, 211, 212, 216, 217,
223, 224, 251, 252 (4th Bill), 285, 286, 288
(5th Bill), 342, 851, 383 (6th Bill), 560,
561, 604, 608.— For the support of His
Majesty's Province for three years,
commencing September 23d, 1738, 43,
49-51, 53, 54, 57, &8, 60-68, 78, 79.— For
the more speedy recovery of legacies,
&c., 44, 47, 79. — For building a bridge
over the Millstone river, &c., 44, 46.—
For the better enabling of creditors
to recover their just debts from per-
sons absconding, 49, 53 (2d Bill), 138,
139, 142, 143 (3d Bill), 282.— For the re-
lief of the poor, 51, 52, 56.— For the
better laying out. &c., publick roads
and highways throughout the Prov-
ince, 52, 53, 55.— To enable several
cities, towns, &c., to elect neces-
sary officers for the dispatch of busi-
ness, and also to enable the respective
counties to elect County Collectors,
53, 55, 56.— To enable the freeholders,
in conjunction with three Justices of
the Peace, to choose a Collector for
each respective county, 134, 137, 139,
141, 182.— To prevent any actions under
fifteen pounds being brought into the
Supreme Court, 135, 142-144 (2d Bill),
208, 215, 216, 227 (3d Bill), 343, 344, 351,
353, 355, 359, 361, 389 (4th Bill). 541, 627,
642. — To naturalize Johannes Mar-
tenus Van Harlenghen, 138, 141, 142,
147, 149, 152, 183. — Concerning the
acknowledging of deeds and convey-
ances of land, 139, 140, 150, 151, 157,
158, 160, 161, 164 (2d Bill), 209, 213, 217,
218 (3d Bill), 252-256 (4th Bill), 282, 285,
297, 311. — For restraining the burning
of the woods, marshes and meadows,
137, 140, 144, 148, 150, 151, 154, 155, 183.
— For septennial electing Representa-
tives to serve in General Assembly,
140, 142, 152, 153.— To explain what
shall be a legal settlement in this
Province, 141, 142, 152, 154, 182— To
extend an act of Parliament entitled
an act for the more easy recovery of
debts in His Majesty's plantations in
America, 142 — To lay taxes on hawk-
ers, pedlars and petty chapmen, 146,
147, 151, 153, 183.— To make the exec-
utors or administrators of Sheiiffs
liable to action of escape suffered by
such Sheriff, 146.— For preventing the
waste of timber, pine, &c., in the
town of Bergen, 146. 154, 159, 161, 168.
—For regulating ditch, hedge an<i
creek fence, and draining of inland
meadow, wet or low land, 154, 155. —
For raising money for finishing, &c.,
goal and court-house at Newark, 155,
156, 159, 165, 167, 168, 183.— To annex
part of the county of Essex to the
county of Somerset, 156, 157, 160 (2d
Bill), 210, 213, 215, 216, 218, 227.— The
better to enable creditors to obtain
satisfaction of their recoveries, 158,
159, 161, 162, 182 (2d Bill), 285, 286, 289,
298.— For naturalizing Peter Soulard,
160-162, 183.— For defraying the con-
tingent charges of Government, 161,
165, 166.— To erect courts in the sev-
eral counties for the trial of small
causes, 165, 182 (2d Bill), 283, 285, 288,
298.— For making current £2,000 in
bills of credit for victualing and
transporting troops, 169-171, 183.— To
enable the Chief Justice and other
Judges of the Supreme Court to ap-
point commissioners to take special
bail and to administer oaths, 205-207,
210-212.— To prevent the destroying
and murdering of bastard children,
207, 209, 213, 216, 218, 228.— Subjecting
real estate to the payment of debts,
208, 213, 216, 218, 251 (2d Bill), 285, 286,
INDEX.
647
294, 296, 311.— For the trial and pun-
ishment of persons guilty of larceny
under the value of twenty shillings,
209, 212, 213, 215, 227.— For recording
of deeds and mortgages, 211, 213. —
For continuing the King's highway,
which leads from Bergen Point to
Bergen Town, to some convenient
place on Hudson's river, for crossing
that river to New York, 212-214 (2d
Bill;, 286, 289, 290 (3d Bill), 345, 346-
348.— To repeal part of a clause of an
act for suppressing of immorality, 217-
219.— For building, &c., bridges in
Essex county, 218, 219. 223, 224, 227,
228. — For the support of His Majesty's
Government, 219, 221-223, 227, 2o7, 258,
267, 305, 312, 814 (2d Bill), 373, 374 (3d
Bill), 409 (4th Bill), 489-491, 545 (5th
Bill), 565, 567, 568, 635, 639, 645.— To
relieve the necessities of the inhabit-
ants of this Colony by making £40,000
in bills of credit, 253, 254, 256, 257.—
For defraying the expenses that may
arise on printing, signing, &c , the
sum of £40,000 bills of credit, 253, 254,
257.— For ascertaining the fees to be
taken by the several officers in the
Colony of New Jersey, 255, 256, 294,
2%, 307-311.— To empower inhabitants
of Salem county to erect a bridge over
Salem creek, 284-286, 298.— To em-
power inhabitants of Bergen county
to erect a draw or swinging bridge
over Hackensack river, 284, 286, 298.—
For making current £40,000 in bills of
credit, 284, 285, 291, 297, 307 (2d Bill),
343, 347, 348, 351, 358, 385, 396 (3d Bill),
552, 557, 558, 631, 633, 642.— For the
relief of poor distressed prisoners for
debt, 284, 285, 289, 290, '292, 298.— To
empower the Freeholders chosen in
each county, or the major part of
them, in conjunction with three Jus-
tices of the Peace, to direct the
method of assessing the inhabitants,
and to restrain unnecessary meetings
of said Freeholders, 290-293, 295, 296,
311. — To impower the inhabitants of
the county of Middlesex to build a
bridge over South river, 293, 294, 297-
299, 311.— For preserving of timber in
the Eastern Division of New Jersey,
293, 294, 302-305, 311.— To encourage
the importation of rum, &c., 293, 294,
303-305, 311.— To secure the mill of
Abraham Broca, 293, 298-302.— To pre-
vent any attorney residing out of this
Colony from being an attorney upon
record in this Colony, and limit the
number of attorneys therein, 295, 296,
303. — To encourage the destroying of
crows, blackbirds, squirrels and wood-
peckers in the counties of Gloucester,
Salem and Cape May, 343-345, 355, 359,
361, 367.— To repeal part of an act for
the preserving of timber in the East-
ern Division of the Colony, 347, 355.
359, 388 (2d Bill), 584, 618, 6^8, 613.— To
naturalize Ludwick Hadn. Jacob TJtz
and others, 350, 352-354.— To impower
some of the inhabitants of Burlington
county to build a draw or swinging
bridge over Cooper's creek. 355, 359
(2d Bill), 565, 566, 570, 573, 608.— For
ascertaining what part of Trenton
bridge shall be built, &c., by town-
ships of Nottingham and Trenton,
355, 359, 368, 374.— For applying £2,000
of the interest money now in the
Treasury, arising from the loans of
the bills of credit, for His Majesty's
service, 4S7-139.— To encourage the
enlisting 500 Indians to serve in the
expedition against Canada, 481-487.—
For making current £10,000 in bills of
credit to enable Hon. John Hamilton,
Commander-in-Chief. &c., to defray
the expense, &c., of the present expe-
dition against Canada, 485-487.— To
make current ,£850 in bills of credit
for the further victualling of the
forces, &c., on an expedition to Can-
ada, 490-492.— To prevent tumults and
riotous assemblys, 510, 511, 617.— To
make current £1,000 for further pro-
viding for the forces raised on an ex-
pedition against Canada, 510-512.—
For running and ascertaining the
line of partition and division between
New York and New Jersey, 537, 639,
605, 606, 611, 619, 6iO, 628, 629, 612.— For
erecting the southern parts of the
county of Salem into a separate
county, 550, 552, 582, 603, 607, 608.— To
enable the Legislature to settle the
quotas of the several counties when
it shall be necessary to make a pro-
vincial tax, 566, 567, 570, 607, 610, 611,
629, 630.— For punishing coiners and
counterfeiters of foreign coins and
bills of credit, &c., 570, 572, 606, 627,
632, 633, 635, 638, 642.— To prevent the
concealing of stray cattle, horses and
sheep, 572, 583, 60s, 608, 612.— For nat-
uralizing Peter Louderbouch, Cath-
erine, Elizabeth and Barbara, his
three daughters, 573, 584, 603-606, 608.
— For better enabling the Judges and
Justices to ascertain and tax bills of
cost, &c., 580, 582.— To repeal an act
to encourage the direct importation
of rum from the British plantations
in the West Indies, &c., 583, 584, 613,
614, 642. — For avoiding actions of slan-
der and for stay of proceedings for
six months in other civil actions
against the said rioters, 613, 630, 635,
637. 638, 642.— For better enabling the
Judges and Justices of this Colony to
ascertain and tax bills of cost, and
for making provision by law for the
payment of the services of officers of
the Colony and preventing them from
taking exorbitant fees, 614-618, 642.—
To revive and continue the process
and proceedings lately depending in
the Court of Common Pleas for the
county of Middlesex, 615, 616, 642.—
To vacate a charter granted to the
township of Trenton, Hopewell and
Maidenhead, in the county of Hun-
terdon, and part of the township of
Nottingham, in county of Burlington,
619, 620, 634.— To remit the pecuni-
ary penalties incurred by the past
breaches of the laws relating to the
purchasing of lands from the Indians
by persons not authorized, and for
the better notice and putting in ex-
ecution the said laws hereafter, 627,
629, 631.— For suppressing and pre-
648
INDEX.
venting of riots, tumults and other
disorders within the Colony, 634, 637,
638, 640, 612 —To subject certain par-
cels of bills of credit now in the
treasury to the payment of the sup-
port of Government for the Council's
concurrence, 641, 613.
Bills of Credit: Report on, 106-108.— Coun-
terfeit bills of the currency, 119, 120,
878.— Cancelled and destroyed, 123,
124, 158, 173, 178, 181, 304-306, 352, 361,
365-367, 562, 623, 624.— To make current
£2,006 for victualling troops, 169-171,
183. — Queries of Governor Morris to
Council concerning, 188, 189.— Answer
of Council. 195, 196.— Letter from the
Board of Trade relative to, 241.— To
make £40.000 in, 253, 254, 256, 257.—
Order of the Assembly relative to an
exchange of money, 263.— Bill to make
current £10,000 to defray expenses of
expedition against Canada. 485-487. —
Bill to make £850 for said expedition,
490-492.
Blakeney: Col., 117.
Blanchard: John, 100.
Bonnell : Joseph, 279, 294, 295, 297, 308, 309,
311, 532-534.
Borden : Joseph, 98.
Boundary line between East and West
Jersey, 509.
Boundary line between New York and
New Jersey, 508, 537, 539, 605, 606, 611,
619, 620, 628, 629, 642.
Boyle : Solomon, 563.
Brant : William, 532
Brayley : David, 530, 551, 553, 555, 597.
Brearly : David, see Brayley.
Brick : John, 97, 250, 2f>6.
Brick : Jr., John, 393, 394, 520, 550, 605.
Bridges: 37, 44, 46, 218, 219. 223, 224, 227,
228, 284, 286, 293, 294, 297-299, 311, 355,
359, 368, 374, £65, 566, 570, 573, 608.
Brierly: David, see Brayley.
Broca : Abraham, 293, 298-302.
Brocaw : Burgoons. 563.
Broughton : John, 99.
Brower : Isaac, 564.
Brown : John, 117.
Brown : Stephen, lf>0.
Brown: William, 564.
Brunson : Barefoot, 564.
Bud: John, 91.117.
Burling : James, 531.
Burlington County : Officers appointed
for, 97, 197.— Bridge over Cooper's
creek, 355, 359, 565, 566, 570, 573, 608.
Burnett: John, 591.
Butner : Thomas, 535.
C.
Cadwallader : Thomas, 98, 356.
Camp : Nathaniel, 497, 530, 531.
Canada: War with the French in, see
French.
Cancelled money : see Bills of Credit.
Cape May County : Officers appointed for,
96."
Carnes : James, 10S. 109.
Cattle, horses and theep, 572, 548, 603 608,
612.
Charakkaon : An Indian, 512.
Cheesman. Jr : William, 464.
Chetwood : William, 93, 588.
Clark: Charles. 3ft6.
Clark : Samuel, 100.
Clark : Thomas. 100.
Clausen : Garrebrant, 533.
Clawson (Clauson) : Thomas, 492, 530, 564,
592.
Clinton : George, Governor of New York,
453, 455, 456, 460. 465, 507, 508.
Clinton : Hugh Lord, memorial of, 110, 111.
Coiners : See Counterfeiters.
Coins : See Foreign Coins.
Cole: Joseph, 117.
Collectors, 53, 55, 56, 134, 137, 139. 141, 182.
Condict (Canduct) : John, 530, 533.
Cook : Francis, 533.
Cook : William, 11, 29. 40, 48, 52. 56, 97, 133,
135, 170, 208, 223. 253, 279. 291, 295, 297,
30 J, 309, 331, 33), 337, 343, 393, 449, 520,
562, 580.
Cooper: Daniel, 91, 563.
Cooper: John, 532.
Cooper : Joseph, 29, 35, 36, 41. 45, 50, 54,
57-59. 74, 133, 135, 139, 141, 158, 161, 168,
170, 218, 22!, 259, 262, 279, 883, 284, 292,
303, 304, *)9, 337, 317, 351, 352, 363, 36=>,
367, 393, 419, 456, 475, 556, 557, 558, 562,
56\ 56fi, 579, 581, 611, 619, 623, 624, 626,
62S, 6», 633, 638, 640, 611.
Cooper's creek : See Burlington County.
Corle : John, 99.
Cosby : William, 93.
Cost : Bills of, 580, 582, 614-618, 612.
Costigin : Francis, 118, 120, 125, 185.
Council ; Speeches to, from the Governor,
2-9, 200-204, 609 —Instruction relating
to the attendance of the members of.
V5. — Committee to confer with com-
mittee of the Assembly, 36.— Message
of, to the Assembly, 61-68.— Queries of
Governor Morris to, relating to foreign
coins, 188.— Representation of, to the
Governor, 38-2-393. — Address of, to
President Hamilton, 478.— Thanked
for the same, by the President, 479.—
Address of, to Governor Belcher, 518,
546-550.— Replies of the Governor, 519.
552. — Resolutions in relation to the
presentations of petitions to, 558, 559.
Council : See. also, Bills and Acts.
Counterfeit Bills : See Bills of Credit.
Counterfeiters: To punish, 570, 572, 606,
627, 632, 633, 635, 638, 642.
Court : Supreme, order relating to. 239. —
Justices of, to appoint commissioners
to take special bail, &c., 205, 207, 210-
212.— To prevent actions in, under
fifteen pounds, 135, 142-144, 208, 215,
216, 227, 343, 344, 351, 333, 355, 359, 361,
389, 541, 6 >7, 642.— To enable Judges to
tax bills of cost, 580, 582, 614-618, 642.
Covenhoven : Abraham, 564.
Coxe: Daniel, 110, 111, 592.
Coxe (Cox) : John, 466. — Appointed a
Member of Council, 467. — In Council,
468, 470, 471, 489, 490, 492, 493, 495, 498,
510-512, 516, 517, 620, 525, 535, 586, 538-
546, 550, 552, 553, 556, 557, 560-562, 565.
566, 569-571, 573, 574, 579, 582, 583, 603-
605, 611-620, 627, 628, 630. 633, 634, 638-
642.— Of a committee, 516, 517, 524. 539.
569, 572, 582, 606, 629, 630, 632, 635.—
INDEX.
649
Messenger, 514, 5">6, 573. 579, 612, 631.—
Offers bills, 570. 571. 613, 614.
Coxe : Win. or John, 229-231.
Crane (Craen) : Jasper, 532.
Crane : John, 100, 337, 347, 377, 393, 408, 409,
510. 633.
Crane : Jonathan. 100.
Crane : Nathaniel. 47.
•Credit : See Bitts of Credit.
Creditors : To be enabled to obtain satis-
faction of their recoveries, 158, 159,
161, 162, 182, 285, 286, 289, 298.
Cross : John, 581.
Crows, Blackbirds, Squirrels aud Wood-
peckers : See Bills and Acts.
Cumberland County : Erection of, 550.
Currency : See Bills of Credit.
Cutter: Richard, 99, 104.
D.
Dagworthy : John, 98, 499, 507.
Dalrymple : Joseph, 563, 593, 594.
Davis : David, 97.
Davis : Isaac, 535.
Davis: Marshal, 132.
Davis : Solomon, 98.
Davis : Thomas, 133.
Day : David, 188, 531.
Dean : Aaron, 108, 118, 125, 185, 197.
Dear : John, 129.
Dear : William, 563.
Debts : Small, bill for the speedy recovery
of, 37, 40, 135, 136, 154, 161. See, tiso, Ab-
sconding Debtors ; also, page 142 ; also,
see Creditors. See, also, Real Estate.
De Cow : Isaac, 97.
Deeds and Conveyances : See Bills and
Acts.
Demarest : Benjamin, 101.
Demarest rDemarie): David, 41, 101, 133,
135, 139, 144. 160, 214, 218, 220. 249, 279,
283, 284, 310, 837, 360, 372, 393.
Demont (Dumont) : Peter, 16, 33.
Diets (Diels) : Adam, 353.
Diets (Diels) : Hendrick, 353.
Dod : Daniel, 532.
Dosgel : Peter, 353.
Doud : Ebenezer, 188.
Doughty : Benjamin. 100, 464.
Doughty : Daniel, 98, 279, 310, 337, 350, 393,
450, 451.
Downs, Richard, 117.
Drake : David, 563.
Duncan: James, 101.
Durland : Garret, 531.
E.
Earle : Edward, 532, 533.
Eaton : John, 36, 45, 133, 140, 143, 150, 158,
170, 208, 216, 218, 224, 249, 250, 279, 284,
293, 304, 310, 334, 835, 337, 842, 347, 355,
369, 393. 437,449, 56.'.
Elensen ; Michael, 532.
Elizabethtown : Inhabitants of petition
for a court-house, 47.
Elton : Revel, 98.
Emly (Embly) : John, 29, 32, 40, 41, 51, 53,
59, f>20, 540, 619. 620, 634, 641.
Emott : George, 100.
Essex County : Petition from inhabitants
of, in relation to the erection of a new
county, 32, 215.— Officers for, 100, 188.—
To annex part of, to the county of
Somerset, 156, 157, 160, 210, 213, 215, 216,
218, 227. — Complains of the great
scarcity of grain, 197.— Bridges in, 218,
219, 223, 224. 227, 228.— Order relating
to the courts of, 239 —Orders to the
Colonels of the regiments of, 462.— Riot
in, 547, 548.
Eversen : John, 531.
Evertson : Nicholas, 464.
Eyres : John, 188.
F.
Fairchild : Caleb, 91.
Farmar : Robert, 129-133.
Farmar: Thomas, 133, 135, 139, 158, 160,
169, 208, 218, 223, 219, 252, 279, 290, 303,
304.
Farrand : Samuel, 100.
Farrow : Jonas, 98.
Fees. 31, 36, 207, 255, 256, 294, 296, 307-311,
614-618, 642.
Feme Covert : How the estate of, may be
conveyed or extinguished, 34, 44, 45,
47, 51, 52, 54, 184-136, 208, til, 212, 214,
249-251, 282, 285, 286, 295. 296.
Fenix: John, 596.
Fenn : James, 108, 118, 125, 185. 195.
Field : Jeremiah, 99.
Field : Robert, 98
Fisher: Hendrick. 133, 393, 394, 456, 520,
556, 572, 583, 614, 629, 630.
Fithian : Jonathan, 97.
Fithian : Josiah, 97.
Fitzrandolph : Richard, 563.
Ford : Jacob. 91.
Foreign Coins : 186-189, 195.
Foster : Nathaniel, 96.
France : Rupture with, apprehended, 283.
Franklin : Benjamin, 495.
Fredericks : Conrad, 564.
Freeland : George, 100.
Freeman : Henry, 99.
French : Expedition against, in Canada,
456-458, 465, 466.— The Six Nations of
Indians declare war against, 470. —
Colonel Peter Schuyler appointed to
command the Jersey troops, in the
expedition against, 472.— Importance
of the expedition urged by President
Hamilton, 474. — Indians to be enlisted
to serve against. 484-487.— Money to
be raised to defray the expenses of
said expedition, 485-487, 490. His
Majesty's mercy to be extended to
criminals willing to enlist and serve
in the expedition, 486.— The enlist-
ment of 500 freemen or Indians to
serve in said expedition, 484-187.— To
650
INDEX.
make current. £10,000, to defray ex-
penses of, 485-187. —Also, £850, to
victual forces engaged in, 490-192.—
Also, £1,000 for further provision. 51C-
512.— Expedition laid aside, 675.
G.
Gach : Thomas, 464.
Gardiner : Doctor, 117.
Garison : John, 98.
Garest : Frederick, 561.
Gibbon : Leonard, 279, 282, 284, 288, 290,
295.
Gibbon : Nicholas, 104.
Gillett: Elijah. 534.
Gloucester County : Officers of, removed,
97.
Goals and Work-houses: See Bills and
Acts.
Gooch : William, 84, 128.
Gouverner : Samuel, 91.
Government : Separate from that of Xe\v
York, 11. — Fixing the seat of. 14.
Government: Support of, see Bills ami
Acts.
Governor: Instructions to, from His Maj-
esty, 37-40.
Grain : Scarcity of, in Essex and Bergen
counties, 197-199.
Green : Samuel, 117.
Griggs : Benjamin, 299, 301.
Griggs: Daniel, 99.
Guarit : Zebulon, 98.
H.
Hadn : Ludwick, 350, 352-354.
Hall : Clement, 97, 120.
Halstead : John. 100.
Hamilton : John, In Council, 1, 2, 9-12,
15-17, 24-37, 40-50, 53-56, 58-61, 68, 84,
93-95, 103, 105, 108, 109, 112, 290-299,
302-305, 307-312, 313, 337, 338, 393, 488-
410, 450-452, 454-458, 468, 470, 471, 473,
493, 495, 498, 500, 503, 506- Signs ad-
dress to Governor, 18, 23.— Of a com-
mittee, 96, 103, 106-108.— To review and
swear in a military company, 131. —
111 health prevents his attendance
at Council, 206, 346.— Improving in
health, 325.— Takes the oath of Presi-
dent of Council and Commander-in-
Chief of the Province, &c., 453.—
Issues a proclamation, 4fii.— Commu-
nicates a letter from the Duke of New
Castle relative to raising a number
of men for His Majesty's service in
America ; also letters from Governor
Shirley, of Massachusetts, and Gov-
ernor Clinton, of New York, 453.— To
issue a proclamation for laying an
embargo on all vessels for one month,
454.— Letter from, to Governor of New
York relative to raising men for the
expedition against Canada, 458-460.—
Addresses the General Assembly, 475,
476.— Thanked by the Council for said
address, 478.— Addresses the Council
and Assembly in relation to the riots
at Newark, 488. — Message from, to the
Assembly, 500-502. — Message to, from
the Assembly, 503.— Referred to, 568,
591, 592, 595.
Hampton : James, 531, 596, 597.
Hancock : William, 12, 36, 42, 58, 59, 97,
133, 142, 150, 158, 209, 216, 279, 282, 284,
305, 311, 337, 347, 381, 393, 479, 520, 556,
572, 603. 605, 630, 634, 635.
Harrison : John, 532.
Harrison : Georg«, 532.
Harrison : Samuel, 93, 100, 109, 110, 118,
119, 124, 530, 533.
Harrison : William, 97.
Hart: Edward, 468-460, 463, 464.
Hart: Ralph. 356.
Hartshorne : Robert, 461.
Hatfield : Mathias, 100.
Hawkers, peddlers and chapmen, 146, 117,
151, 153, 182.
Heard : John, 99, 117, 393, 394, 437, 464, 510.
Hector (ship), 84.
Hegeman : Dalins (Dallins, Dollings,
Dolins), 99, 530.
Hegeman : Joseph, 99.
Heudrickson : Daniel, 299, 300.
Henlings, Jacob, 97.
Henshilt(Han8hilt): Mathias, 353.
Herring : Isaac, 98.
Higby : Joseph, 561.
Higgens : Jediah, 464, 563.
Highways, 52, 53, 55. See Bills and Acts.
Hinchman : James, 104, 117, 120.
Hoeshild : Adam, 353.
Hoeshild: Michael, 353.
Hoffman : Johannes, 353.
Hoglant : Christopher, 299-301.
Hollins : John, 591.
Hollinshead : Francis, 563.
Hollinshead : John, 98.
Hollinshead : Joseph, 454.
Home : Archibald, 197.— Qualifies as a
Member of the Council, 220.— lu
Council, 221, 224, 234-237, 239-244, 246-
258, '263, 265, 267, 279, 281-285, 287, 288,
291-293, 296-299, 302-305, 307-312, 314,
325, 326, 328, 333 —Of a committee, 221,
223 251.— Messenger, 249, 250.— Clerk
of the Council, 280.
Honeyman!: John, 465.
Hooper: James, 93, 129.
Hooper : Robert Lettice, In Council, 9.
12-16, 28.— Of a committee, 10, 16.—
Death of, 44.— Referred to, 108.
Hooper: Robert Lettice (the younger),
117.
Hopewell : Charter of, 619, 620, 634.
Hopkins : Ebenezer, 393, 394, 520, 552, 568,
579, 581, 635, 610.
Hornbeck : Garret, 101.
Horses : See Cattle.
Hude : James, 36, 43, 47, 49, 58, 99, 104, 117.
131. 149, 257.— Appointed a Member of
Council, 337.— In Council, 337, 338, 342-
349, 351, 353-355, 358, 360, 367, 372, 374,
376, 377, 380, 381, 437-439, 452, 454-467,
470, 472, 473, 475, 477, 479, 483-486, 489-
493, 495, 510-512, 516, 517, 520, 570, 571,
573, 574, 579, 582-584, 603-605, 607, 608,
INDEX.
651
610-520, 627. 628, 630, 633, 634, 637-610.—
Of a committee, 345, 477, 486, 511, 516,
524, 539, 582, 639.— Messenger, 351, 353,
354, 380, 381, 517, 583, 640.— Asks leave
of absence, 450.
Hude: Robert, 99, 133, 140, 153, 154, 156,
168-170, 337, 347, 350, 352, 373, 374. 381,
464.
Hughs : Constant, 96.
Hughs: Elijah, 96.
Hughs : Humphrey, 96.
Hunloke : Thomas, 93, 454.
Hunt: Ralph, 98.
Hunterdon County : Petition from in-
habitants of, in relation to the erec-
tion of a new county, 32. — Bill for the
same, 41, 42, 79— Sheriff appointed
for, 119.— Militia officers for, 190.— Act
to vacate the charter of certain town-
ships in, 619, 620, 634.
Hutchinson : William, 464, 563.
I.
Immorality, 217-219.
Indians : As slaves, 30, 31, 45, 50, 243-246,
351, 884.— Six Nations of, 456, 470, 610.—
Relating to the purchase of lands
from, 627, 629, 631.
Inn Keepers: Bill to regulate, 32-34, 45,
54, 56, 57, 59, 79.
Interest : Extravagant and excessive, 28,
36, 41, 79.
Iron Works : Encouragement of, 223-226.
J.
Jane way : Jacob, 99,
Jeffer : Edward, 664, 591.
Jenkins : John, 561.
Jenkins : Robert, 119, 120.
Johnston (Johnson) : Dr Andrew, 42, 43,
47, 50, 51, 57-59.— As Treasurer, 72, 155,
176, 242, 261, 306, 364, 625.— Named as
Colonel, 104.— Messenger, 150, 152, 162,
212, 573. — To confer with committee
of the Council, 223.— Chosen Speaker
of the House of Assembly, 279.— In
Council, 543-516, 547, 552, 553, 556, 557,
560-^62, 566, 567, 569-571, 573, 574, 579,
582, 583, 603, 605, 607, 608, 610, 612-614,
616-620, 627, 628. 630, 633, 637-640.— Of
a committee, 556, 557, 569, 572, 627, 638.
—Referred to, 696.— Delivers a peti-
tion, 615.
Johnson, Jr. : Eliphelet, 100.
Johnson : Elephalet, 532.
Johnston (Johnson) : Lewis, 31, 36, 37, 43,
133, 158, 609.
Joline : Andrew, 100, 117, 159, 165.
K.
Kearny : Michael, Treasurer, 69, 124.
Kearny : Philip, 489, 542, 556, 558, 565, 619,
629.
Kelly : Andrew, 564.
Kemble : Peter, takes the oath of a Coun-
cillor, 513.— In Council, 516. 517, 520,
536-546, 550, 552, 553, 556, 567, 560-562,
570, 571, 573, 574, 579, 582-584, 603-605,
607, 608, 610-614.— Of a committee, 589,
603.— Messenger, 556, 605.
Kennedy : Archibald, 101.
Kes : Bastian, 253.
Kidd : William, Ii9.
King; John, 100.
Kinney: John, 118.
Kinsey: Mr., 125, 185.
Kitchen : Abraham, 91.
Knowles : Governor, 526, 576, 577.
Kuyper: Derick, 101.
Kurtland : William, 101.
L.
Ladd, Jr. : John, 97.
Lane : Gizebert, 99.
Larceny : Under five shillings, 16, 17, 28,
35, 42, 47, 48, 52. 53, 79.— Under twenty
shillings, 209, 212, 213, 215, 227.
Lawrence : Elisha, 117.
Lawrence : Robert, 279, 282, 288, 292, 305,
337, 342, 393, 450, 451, 482, 578.
Learning: Aaron, 36, 37. 64, 58, 59, 133,
143, 151, 158, 161, 164, 169, 170, 214, 216,
219, 223, 257, 279, 520, 542, 545, 550, 556,
562, 603.
Learning, Jr. : Aaron, 133, 154, 249, 393, 394.
Leeds : Joseph, 117.
Legacies: Bill for the more speedy re-
covery of, 44, 45.
Leonard : Henry, 499.
Leonard : Nathaniel, 461.
Leonard : Samuel, 99, 117, 337, 343.
Leonard: Thomas, 99, 133, 151, 165, 169,
170, 208, 210, 218. 219, 256. 279, 282, 296.
—Takes the oaths of a Councillor, 513.
—In Council, 516, 517, 520, 536-540, 543-
547, 550, 552, 553, 556, 557, 560-562, 565,
603-605, 607, 608, 610-814, 616-619, 633,
634, 637-642.— Messenger, 525, 539, 545,
604, 610, 611, 614, 619, 637, 638.— Of a
committee, 586, 540, 562, 567, 603, 607,
613, 618, 641.— Asks leave to go home,
541.
Lindsly, Jr. : John, 91.
Liquors : See Strong Liquors.
Lisle : John, 117.
Little: John, 104,460.
Long: Peter, 119.
Lords Justices : Letter from, to Governor
Morris, containing instructions, 185-
187.
Lords of Trade : Letter from, to Governor
Morris, 163, 185, 241.
652
IXDEX.
Louderbouch : Barbara, 573, 584, 603-605,
60H.
Louderbouch : Catherine, 573, 584, 603-606,
608.
Louderbouch : Elizabeth, 573, 584, 603-606,
60*.
Louderbouch : Peter, 571, 573, 584, 603-606,
608.
Low (Lowe) : John, 104, 133, 137, 152, 153,
155, 158, 167-170, 214, 218, 220, 223, 227,
255, 393, 394, 409, 479, 485, 531, 533, 583,
614, 618, 628.
Lowrence (Lawrence) : Andries, 532, 533.
Ludlam, Jr : Joseph, 96.
Ludlow : John, 100.
Lummis : Edward, 117.
Lyell : Fenwick, In Council, 1, 2, 9-17, 24-
28, 31-37, 40-42. 44, 46-51, 53-58, 60, 61,
68, 81. 90, 93-95, 103, 105, 109, 112-114,
117-1 1H, 133-141, 143, 145, 147-153, 155-
158, 169, 170. 183. 186, 187, 190, 199, 205-
209, 214-217, 219, 220, 229-232.— Of a
committee, 10, 11, 17, 35, 36, 41, 45, 49,
52. 54, 56, 135, 136, 137, 148, 152, 155, 156,
158, 159, 170, 207, 214 216, 220.— Mes-
senger, 13, 18, 31, 33, 35, 42, 46, 47, 50,
69, 78, 96, 153, 160, 219.— Moves a bill,
24, 27, 34, 44, 146, 217, 218.— Granted
leave «f absence, 29, 210, 220.— To re-
view and swear in a military com-
pany, 131.
Lyon : Hugh, 131.
M.
Maidenhead : Charter of, 619, 620, 634.
Man : Joseph. 100.
Martin : David, 119, 553, 561.
Martin : Sarah, 564.
Marselius : Peter, 100.
Mason : Samuel, 244.
Mayors of cities, 91.
McDowell : Thomas, 563.
Meadows. 154, 155. See, also, Woods.
Merrill : William, 121.
Mestayer: Daniel. 117.
Mickle : John, 47, 133, 140, 155, 279, 296,
337
Middlesex County : Officers appointed
for, 99.— Sheriff appointed, 129.— To
build a bridge over South river, 293,
294, 297-299, 311.— New Commission of
the Peace, 461. — Persons indicted for
high treason. 551. — Act relating to the
proceedings in the Court of Common
Pleas of, 615, 616, 642.— Petition from
the Justices and Grand Jurors of, re-
lating to timber, &c., 615.
Middleswardt: See Van Midleswarth.
Miles: Thomas, 97.
Militia : Bills concerning, 24, 27, 28, 31, 33,
79, 328.333, 345, 346, 351, 3i5, 359, 368,
372, 396, 408-410, 541, 572, 608.— Persons
recommended for officers in, 104. —
£2,000 made current to victual and
transport, 169^171, 183.— Officerg for
regiment of, in Hunterdon county,
190. — Act, revision of, recommended,
283.— Troops to be raised for His Ma-
jesty's service, 453, 456-464. — Orders to
the Colonels of the regiments of Ber-
gen and Essex, 462.— Warrant and in-
struction to John Honeyman, in the
matter of enlisting men to serve
against Canada, 465, 466.— Victualling
and transporting troops, 468-472. —
Peter Schuylerappointed to command
the Jersey troops, 472.— Bounty to sol-
diers, 481. — Bill to encourage the en-
listment of 500 men to serve against
Canada, 484-487. — Mercy to be ex-
tended to persons guilty "of crime who
should serve against Canada, 486.
Miller : Hans Michael, 353.
Miller : Paul, 99.
Miller : Thomas, 563.
Mohegan Indians, 241.
Mon mouth County : Order relating to the
courts of, 239.
Morris County : Officers appointed for, 93,
91, 99.— Courts established in, 103.—
Petition of inhabitants of, 108, 110.—
Sheriff appointed for, 118.— Outrages
committed on the inhabitants, 185 —
Inhabitants of, petition against the
rioter*, 563.
Morris : John, 393, 532.
Morris : Lewis, first Governor appointed
by the Crown exclusively for New
Jersey, 1.— Speech of, to the Council
and Assembly, 2-9, 23, 79-84, 200-204,
246, 315-321, 322-325, 329-333, 337, 340,
856, 394-408.— Address to, from the
Council and Assembly, 18-23, 338-340.
355-358.— Letter to, from his Majesty's
principal Secretary of State, 85.—
Warrant to. from the King, empower-
ing him to grant commissions of
marque and reprisal against Spain,
86. — Proclamation of, relative thereto,
88. — Proclamation of war against
Spain, 114-117.— Speech of, in regard
to, 126.— Letter to, from Lords of
Trade, 163, 185.— Instruction to, from
the Lords Justices, 185-187.— Queries
of, to Council, relating to the act of
the 6th of Queen Anne, ascertaining
the rates of foreign coins, 188, 189.—
Letter of, to the Collectors of Customs,
in pursuance of a letter received from
Vice-Admiral Vernon, 191. — Answers
to his queries given by the Council,
191-196 —Demands of the House of As-
sembly an explanation of their order
relative to the exchange of money,
263.— Message of, to the Assembly re-
lative thereto, 266. — Message relative
to the act for the support of govern-
ment, 268-279.— Message of, to the
Council and Assembly, 279.— Pro-
pounds sundry queries to the House
of Assembly in regard to their min-
utes, 312-314.— Complains of ill health ,
354.— Representative to, from the
Council, 3S2-392.— Address to, from
the Assembly, 410-118.— Answer of, to
said address, 418^137.— Death of, 453,
475, 480.— Referred to, 591.— Extract
from letter to, 637.— Arrears of salary
to, 639.
Morris : Robert Hunter. In Council, 1, 2,
9-17, 25-37, 40, 41, 43-51, 53-61, 68, 84,
90, 93-95, 103. 105, I<i9, 112-114, 117-119,
122-130, 132,133. 135-141, 143. 145, 147-
153, 155-158, 160, 162, 164, 165, 167-170,
INDEX.
653
172, 173, 182, 183, 186, 1S7, 190, 199, 205-
207, 209-212, 214-217, 219-221, 224, 228,
230-232, 234, 235, 237, 244, 2'9, 281, 282,
287, 288, 290- 99, 302-305-307-312, 314,
322, 325, 326, 328, 333, 837, 338. 342-349,
351, 353-355, 358, 360, 367, 372-874, 876,
377, 380, 881, 408-410, 437-439, 449-452,
455-458, 468, 471, 473, 475, 477, 479, 4£3-
485, 487, 489-494, 495, 498, 500, 508, 506,
510-512. 525, 535-546, 550, 552, 553, 556,
557, 560-562, 565-567, 569-571, 578, 574,
579, 582, ,E83, 603-605, 610-614, 616, 619,
620, 627, 6*8, 630, 633 —Moves a bill, 10,
205-207, 209, 825.— Of a committee, 11,
13. 29, 35, 41, 43, 45, 48, 49, 69, 74, 77, 78,
136-138, 141, 146, 152-154, 158, 159, 161,
170, 173. 207, 214, 215, 223, 289, 291, 292,
295, 303, 309, 328, 333, 845-347, 349, 376,
438, 473, 477, 478, 486, 492, 493, 495, 498,
500, 503, 506. 510-512, 525, 586, 537, 543,
569, 584, 605, 607, 621, 623, 626, 630.—
Messenger, 18, 30. 31, 50, 55. 57. 96, 142,
144, 147, 149, 161, 162, 212, 216-220, 224,
226, 227, 290, 291, 296, 297, 334, 359, 360,
368. 369, 573, 606, 611, 628.— Protest of,
against the act for defraying the con-
tingent charges of government, 166. —
Report on Treasurer's account, 173-
182. — Informs against Oliver Schuyler,
Sheriff of Bergen county, for neglect
of duty, 187. — Protests against the
Support Bill, 221, 222.— Is refused leave
of absence, 221. — Of a commission in
regard to Indian affairs, 245.— Re-
quested, with Mr. Alexander, to lay
before His Majesty the state of the
Province, 496-199. — Commission to
run boundary line, 509. — Lettersigned
by, 531.— Moves to refer the Governor's
claim to be present in Council to a
committee, 569.— A protest from, 680.
Morris : William, 98.
Morris, Jr. : William, 561.
Mott : John, 91.
Mott : William, 98, 279, 809, 337, 342, 345,
347, 354, 393, 394, 619, 620, 634.
N.
Nantzechen : An Indian, 532.
Negro slaves, 30.
Neversink : A beacon on the highlands
of, 460-46 1, 472.
Nevill : John, 125 185, 195, 464, 530.
Nevill : Samuel, '279, 284, 289, 290, 292, 293,
298, 309.— Chosen Speaker of the
House. 337.— Re-elected a Member of
the Assembly, 393.— As Speaker, signs,
though dissenting from, an address to
the Governor, 410.— To be of the
Quorum for Middlesex county, 464.—
Messenger, 484, 538, 552 566, 614, 615,
618, 627, 638.— Referred to, 497, 498, 564,
590, 592, 593.— Petition against, 530.—
Letter from, 534.— Affidavit of, 565.—
Of a committee, 580.
Newark : Goal and court-house at, 155,
156, 159, 165, 167, 168, 183.— Riots at,
488, 501, 504-506.
Newbold : Thomas, 98.
Newcastle : Hollis, letter from to Gover-
nor Morris, inclosing a warrant from
the King. 85.
New York and New Jersey Boundary :
See Boundary Line.
Nottingham : Charter of, 619, 620, 634.
O.
Ogden : David, 531.
Ogden : John, 97.
Ogden, Jr. : John, 100.
Ogden : Josiah, 16, 30, 31, 36, 42, 43, 47, 53,
54, 58. 59, 104, 117.
Ogilvy : William, 132.
O'Neil : Charles, 93.
Ordinaries: Bill to regulate, 32-34, 45, 5-J,
56, 57, 59, 69.
Orison : John, 91.
Osburne : William. 117.
Ouke : William, 131, 337.
P.
Palmer : Anthony, 534.
Papers, consisting of petitions, affidavits,
&c., laid before the House by the Gov-
ernor. 530-536, 540-542, 544, 545, 553,
660-565, 585-602.
Paper Currency : See Bills of Credit.
Parker : Elisha, 497, 498, 509, 563.
Parker : James, 499.
Parker: John, 74.
Partridge : Richard, 193.
Payton : Sir Yelverton, 84.
Peace (Pease) : Joseph, 133, 146, 155, 208,
214, 249, 255, 257.
Pearson : Isaac, 30, 37, 43, 54, 57, 133, 187,
139, 143, 150, 154, 208, 216, 249, 279, 281,
292, 293, 387, 373, 377.
Pearson : Robert, 98.
Peddlers : See Hawkers.
Peirson : Jonathan, 530, 633.
Peirson : Theophilus, 532.
Pekerse : Kessell, 533.
Penn : John, 509.
Penn : Richard, 509.
Penn : Thomas, 509.
Peterse : See Pekerse.
Peterson : John, 97.
Petty Larceny: See Larceny.
Philips: John, 98, 356.
Philips : Theophilus, 98, 356.
Pig Iron : See Iron Works.
Pilots on the Delaware river, 57?.
Pinhorn : William, 532.
Pledger : John, 97.
Poor: Relief of the, 51, 52, 56.
Porteous : John, 600.
Po»t: Johannes, 101.
Post : John, 535.
Post : Peter, 101.
654
INDEX.
Potter : Noadiah, 100.
Praule: Peter, 98.
Price : Benjamin, 103, 109.
Price : David, 530.
Price : Ephraim, 91.
Price : Thomas, 100, 540.
Prisoners for debt, 284, 285, 289, 290, 292,
298.
Provoost : David, 101, 117.
Provoost: William, 10.— In Council, 13-
15, 26-37, 40-51, 53-61, 68, 95, 103.— Of a
committee, 40.— Messenger, 55-57, 69,
78.— Judge of the Pleas, 101.— Ap-
pointed Colonel, lOt. — Complained of
for non-attendance, and suspended
therefor, 120, 121, 128.— Summoned to
appear before the Council, 144, 146,
147.
Public Afl'airs of the Colony : Report on,
with resolutions, 369-372, 374-380.
Q.
Queehloe : An Indian, 533.
R.
Ramsay : William, 564.
Ramsdeu : Thomas, 467.
Rapelier: George, 99.
Read : Charles, 104, 117, 464.
Reading : John, In Council, 2, 9, 13, 15-17,
24-33, 35-37, 40-44, 47-50, 95, 103, 112-
114, 117-119. 124-126, 128, 133, 135-141,
143, 145, 147-153, 155, 156, 160, 162, 164,
165, 167, 168. 173, 182, 183, 186, 187, 190,
194, 197, 205, 206, 208-212, 214, 217, 219-
221, 224, 230-232, 235-337, 240-243, 247-
267, 279, 2S1-285, 287, 288, 290, 294, 302,
314, 325, 326, 328, 338, 342-349, 351-355,
358, 360, 367, 368, 372-374, 376, 377, 380,
381, 437-139, 447, 449-452, 454-457, 473,
475, 477, 479, 483, 489-492, 495, 500, 503,
510-512, 516, 517, 614-620, 627, 628, 630,
633, 634, 637-642.— Granted leave of ab-
sence, 10, 28, 143, 157.— Of a committee,
13, 104, 148, 153, 156, 231, 249, 256, 258-
260, 262, 289, 291. 304-306, 309, 347, 361-
367, 524, 539.— Messenger, 31, 42, 256,
257, 290.— To take enlistments, 117.—
Addressed the Governof 190.— Pre-
sents the Council's answer to the
Governors queries, 194. — Presents a
representation to the Governor, 227. —
Presents a letter from Col. Hamilton,
325.— Brings in bills, 350, 373, 437.—
Sends letter requesting leave of ab-
sence, 408.
'Real Estate : Subjected to the payment of
debts, 208, 213, 216, 218, 251, 285, 286.
294, 296, 311.
Reed : Andrew, 356.
Reeves : Joseph, 47, 53, 97.
Reid : John, 104.
Representatives : Septennial election of,
140, 142, 152, 153.
Reyerson, Jr. : George, 101.
Ringe : Cornelius, 3c6.
Ringe : Philip, 98.
Riots and insurrections, 488, 492-498, 501,
504-50S, 511, 516, 517, 519, 523, 527, 528,
534, 537, 539, 545, 551, 555, 560, 563-565,
579, 584.— State of facts concerning,
585.— Bill concerning, 634, 637, 638, 640,
642.
Riotous Assemblies, 510, 511, 517.
Roads : See Highways.
Rockhill : Joseph, 158.
Robert : Amos, 588.
Rodman : John, In Council, 1, 2, 9-17, 24,
32-37, 40-51, 53-57, 59-61, 68, 90, 95, 103,
108, 109, 112, 113, 118, 119, 122-126, 128-
130, 132-141, 143, 145, 147-153, 155-158,
162, 164, 165, 167-170, 172, 173, 190, 194,
197, 199, 205, 207-212, 214-217, 219-221-
224, 228-232, 236, 237, 239-242, 244, 246-
257, 263, 265, 267, 322, 325. 326, 328, 333,
334, 337, 838, 342-349, 351-356, 358, 360,
367-369, 372-374, 408-110, 450, 452, 455-
457, 479, 483, 485, 487, 500, 503, 506, 510-
512, 516, 517, 520, 525, 535-539, 541, 543-
546, 650, 552, 553, 556, 557, 560-562, 565-
567, 569-571, 574, 579, 582-584, 603-605,
607, 608, 610-620, 628, 630, 633, 637-642.
Of a committee, 10, 11, 13, 16, 40, 45,48,
49, 62-54, 56, 57, 135-137, 148, 151, 155,
158, 160, 161, 170, 207, 210, 214, 219, 223,
224, 249, 250, 254, 289, 312, 345, 347, 374,
511, 524, 536, 539, 562, 569.— Messenger,
79. 142, 143, 149, 156-158, 162, 171, 211,
215, 216-218, 223, 224, 227, 251, 252, 255,
359-361, 452, 632— Of a commission in
regard to Indian affairs, 245. — Sick.
280.
Rolfe : Moses, 74, 188.
Rolph: John, 100. 133, 142, 154, 158, 170,
208, 216, 218, 227, 252.
Rounsaval : Benjamin, 356.
Rum : See Bills and Acts.
Runion : Runey, 464.
Ryerson : Martin, 98, 117, 535.
Ryerson : Ryer, 101, 104.
S.
Salem County : Officers appointed for, 97.
— Bridge over Salem creek, 284-286,
298— To erect southern portion of,
into a new county, 550, 552, 582, 603,
607, 608.— Inhabitants of petition for
alteration of their county line, 571.
Saltar : Ebenezer, 100, 564.
Saltar : Richard, 461.
Sargant : John, 45.
Savery : Peter, 103, 146-148, 158, 230.
Schuyler: Oliver, 93, 187, 188.
Schuyler: John, 10.— In Council, 11, 12,
26, 27, 32, 33, 46-49, 51, 53, 56. 58, 95.—
Prays leave of absence, 27, 84.— Mes-
senger, 47. — Attendance at Council
required, 44. — Of a committee, 52, 59.
—Asks to be dismissed from the Coun-
cil, 101-103.— To take enlistments, 117.
INDEX.
655
—John Coxe appointed Member of
Council in his room, 467.
Schuyler : Oliver, 187, 188.
Schuyler: Col. Peter, appointed to com-
mand the Jersey troops in the expedi-
tion against Canada, 472.— Letters re-
ceived from, 495, 499, 500.— Letter to,
from President Hamilton, 507.— Re-
ferred to, 508, 576. — Sends a memorial
to the Governor, 556.
Sergeant : Thomas, 587.
Seymour : Edward, 133.
Shaphae : An Indian, 533.
Shark : Joseph, 41.
Sharp: Anthony, 41.
Sharpe : Isaac, 41, 97.
Sharpe, Jr. : Richard, 97.
Sharpenstin : Mathias, 353.
Sheep : See Cattle.
Shepherd : Job, 97.
Shepherd : Moses, 97, 337, 343, 350.
Sheriffs : To give security for the due per-
formance of their office, 10, 43, 45, 48,
50, 54, 57, 59, 91, 136, 137, 141, 144, 150,
155, 206, 207, 211, 212, 216, 217, 223, 224,
251, 252, 285, 286, 288, 342, 351, 383, 560,
561, 604, 608.— Executors or adminis-
trators of, to be made liable for es-
capes, 146.
Shinn : Thomas, 98, 197, 255, 279, 289, 293,
337, 343.
Shirley : Governor, 449, 453, 526, 576, 577,
610.
Slander : Actions of, 613, 630, 635, 637, 638,
642.
Slaves : Negro, Indian and Mulatto, duty
on, 30, 31, 45. 50, 213-245, 351, 384.
Slemmeck : Christopher, 533.
Slone : Henry, 99.
Smith : Andrew, 98, 279, 281.
Smith : Benjamin, 11, 56, 98, 133, 140, 158,
162, 249.
Smith : Daniel, 393, 394, 556, 565, 568, 635.
Smith : James, 100, 464.
Smith : Jasper, 98, 356, 561.
Smith, Jr. : Johan Christ, 353.
Smith : Josias, 464.
Smith : Ralph, 356, 563.
Smith : Richard, In Council, 1, 2, 9-17, 24,
32-37, 40-51, 53-61, 68, 112-114, 117-119,
123-130, 132-141, 143, 145, 147-153, 155-
158. 160, 162, 164, 165, 167-170, 172, 173,
182. 190, 194, 197, 205-212, 214-217, 219-
221, 224, 229-232, 234, 236, 237, 239-242,
244, 246-258, 263, 265, 267, 338, 342-349,
351-353, 360, 367, 372-374, 376, 877, 380,
381, 408-410, 450, 461, 455-457, 473, 484,
485, 487, 489-492, 512, 516, 517, 520, 525,
535-546, 550, 552, 553, 556, 557, 560-562,
565-567, 569-571, 573, 574, 579, 582-584,
603-605. 607, 608, 610-620, 628, 630, 633,
C34, 637-642.— Of a committee, 11, 40,
58, 59, 150, 153, 156, 170, 207, 212, 249,
255, 345, 347, 349, 473, 552, 369, 573, 604 —
Moves a bill, 34, 37.— Messenger, 36, 52,
68. 78, 137, 151, 154, 155, 158, 159, 162,
164, 165, 167, 213, 220, 223, 224, 227, 250,
252, 258, 347, 352, 375, 492, 559, 560, 567,
568, 579, 582, 605, 629, 633.— Sick, 280.—
Brings in bills. 843, 350, 408.
Smith: Richard (of Burlington), 43, 47,
49, 97, 133, 138, 139, 170, 218, 249, 257,
279, 282, 284, 290, 308, 310, 337, 393, 520,
556, 580.
Smith : Richard (of Salem), 133.
Smith, Jr. : Richard, 97.
Smith : Robert, 98.
Smith : William, 96.
Smyth , Laurence, 455, 503.
Snieder : Fielliep, 353.
Somerset County : Town-house and goal
in, 16, 29, 30, 33, 79.— Petition to set off
a part of into a new county, 32, 215. —
Officers for, 99. — To annex part of
Essex county to, 156, 157, 160, 210, 213,
215, 216, 218, 227.— Goal in, broken
open, 493, 494.— Inhabitants of peti-
tion against the rioters, 563.
Sonmans : Peter, 530.
Soulard : Peter, 160-162, 183.
Spain : Ships of ordered to be seized, 85-
90.— Declaration of war against, 113-
117. — Expedition against settlements
of, in the West Indies, 126.— £2,000
raised to promote the same, 183.— Con-
cerning a squadron of, 191-193. — Royal
instruction, relating to the expedition
against the Spanish West Indies, 237,
Special Bail : Commissioners to take, 205-
207.
Spicer : Jacob, 96, 104, 337, 347, 355, 372,
393, 408, 409, 485, 520, 540, 541, 556, 562,
640.
Spier : Francis, 531.
Spier : Hans, 533.
Spier : Jan, 533.
Spotswood : Col. Alexander, 115.
St. Clair : Lieutenant-General, 481.
Stacy : Mahlon, 16, 85, 36, 41, 45, 50, 52, 133,
135, 143, 154, 158, 165, 208, 212, 223.
Stair : Earl of, 509.
Steenmetz : See Slemmeck, 533.
Stelle : John, 464, 564.
Stelle : Pontius, 393, 394, 464, 468, 475, 484,
488, 538, 545, 557, 558, 611, 611, 615, 627,
628, 634, 635. 640.
Stevens : Gamble, 468, 499.
Stevens : Lewis, 129.
Stevenson : James, 93.
Stevenson : John, 98.
Stites : Henry, 96.
Stites : John, 96.
Stites : Richard, 96.
Stone : William, 464.
Stout : Samuel, 356.
Stout : Zebulon, 99.
Strong Liquors : Bill to regulate retailers
ofT 32-34, 45, 54, 56, 57, 59, 79.
Sung (Snug) : Johannes Henry, S53.
Support of Government : See Government.
Swain : Ebenezer, 96.
Swisey : Samuel, 91.
T,
Tapeshaw : An Indian, 532, 533.
Taverns : Bill to regulate, 32-34, 45, 54, 56,
57, 59, 79.
Taylor : Daniel, 533.
Tax : Provincial, 566, 567, 570, 607, 610, 611,
629, 630.
Tendlespick : Frederick, 353.
Teshmokamm : An Indian, 533.
656
INDEX.
Tetgaw : An Indian, 533.
Thomas: George, 119, 129-132.
Thomson : James, 99, 464.
Throckmorton : John, 104, 117, 564.
Tilheaver : Michael, 353.
Timber • To preyent the waste of, &c., 146,
154, 159, 161, 168, 293, 294, 302-305, 311,
847, 855, 359, 388, 584, 618, 628, 643.
Tinall : William, 100.
Townsend : Robert, 96.
Trade : Encouragement of, 34.
Tranberg: Peter, 41-43, 79.
Transen : Elias, 533.
Treasurer's accounts, 59, 69-79, 138, 153
155, 173-182, 249, 258-262, 347, 361-366
562, 567, 621-626.
Trent : James, 866.
Trenton bridge, 355, 359, 368, 374.
Trenton: Riots at, 555, 561.— Charter of,
6 1 9, 620, 634.
Trimmer : Johannes, 353.
Trimmer : Matthias, 353.
Tuttle : Timothy, 91.
Utz : Jacob, 850, 852-351.
U.
V.
Valleau : Mr., 591.
Vanaker : Abraham, 99.
Vanbuskirk: Abraham, 540.
Van Buskirk: Laurence, 12, 36, 51, 101,
133, 139, 144, 146, 154, 161, 164, 209, 216,
249, 253, 279, 282, 284, 337, 354, 393.
Van Campen : Abraham, 91.
Van Courtland, Jr. : Stephen, 100.
Vandeaveer : Jacob, 99.
Vandelenda : Henry, 101.
Vanderbeek : Paulus, 101.
Vanderveer (Vandervere) : Cornelius, 32,
86, 133, 138, 155, 161, 168, 170, 218.
Vandine: Isaac, 91.
Vanest (Van Este) : George, 16, 33.
Vangeesen : Abraham, 532.
Vangeesen : Johannes, 532.
Vangiese; Isaac, 101, 104.
Vanharlinghen : Johannes Martinus, 138,
141, 142, 147, 149, 152, 183.
Van Home : Abraham, 98.
Vanhorn ; Cornelius, In Council, 2. 9, 15,
17. 24, 25, 29-34, 47-50, 55. 56, 84, 95, 103,
108, 109, 113, 114, 151*152.— Granted
leave of absence, 10.— Of a committee,
16, 29, 30, 49, 50, 104.— Messenger, 30.—
Attendance at Council required, 44. —
To take enlistments, 117. — Suspended
at his own request, 121. — Summoned
to appear before the Council, 144, 146,
147.— Ordered to take his seat in
Council, 150.
Vanhorn : Garrett, 533.
Vanhorn : John, 101.
Vanhoute : Roelif, 101.
Vanhuise : Renier, 97.
Vanness : Simon, 533.
Van Middleswarth (Midleswardt) : John,
99, 133, 141, 156, 210, 218, 252, 255. 279,
281, 293, 337, 343, 345, 393, 520.
Vansickland : John, 98.
Van Veighten : Derrick, 117, 279, 281, 288,
293, 337, 873.
Vernon: Vice Admiral, letter from, to
Governor Morris, 191.
Vreeland: George, 279, 295, 298, 337, 347,
377.
Vreeland : Michael, 533.
W.
Waldo : General, 472.
Wall : Jarret, 563.
Ware : Nathaniel, 356, 499.
Warne : Stephen, 99.
Warrants, 92. 94, 105, 106, 111, 112, 127, 130,
184, 194, 228, 232, 234-237, 210-244, 361,
457.
Warrel : Joseph, 464.
Warren : Commodore, 449.
Warren : Peter, 110.
Weeks (Weekes) : Miles, 229-231.
Well : John, 100
Wetherill : John, 564.
Wentworth : Thomas, 237, 238.
Wheeler : Nathaniel, 530, 533.
White : Limpany, 131.
Whitehead: Isaac, 53 1.
Whitehead : Sarah, 534.
Whittaker : John, 531.
Willetts : John, 279, 292.
Williams : Amos. 540.
Wills: John, 44.— In Council, 112-114.—
Suspended, 121, 148.
Winter : Hendrick, 353.
Witaker : Jonathan, 188.
Woolman : Samuel, 98.
Woods and Meadows : To restrain the •
burning of, 137, 140, 144, 148, 150, 151,
157, 158, 160, 161, 164.
Word : Richard, 97.
Worth : Giles, 87.
Wortman ; Abraham, 535.
Wortman : Bart, 531.
Wright : Richard, 98, 197.
Wright : Samuel, 393, 394.
Wyckof : Symon, 298-300.
Y.
Yard : Joseph, 356.
Yaupis : An Indian, 533.
Young : Henry, 29, 42, 45, 47, 48, 53, 96, 104,
117, 337, 343, 360, 367, 377.
Young : Robert, 532, 587.
Zinger (Zenger) : Peter, 21.
F
131
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